Formlabs, Inc. v. DWS S.R.L.

1:18-cv-00810

Overview

Case Number 1:18-cv-00810

Filing Date 2018-06-29

Status Terminated

Termination Date 2018-12-07

Court District Court, E.D. Virginia (vaed)

Presiding Judge Claude M. Hilton

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:256 Patent Non-Infringement

Jury Demand Both

Parties

DWS S.R.L.

1 Attorneys Listed

McGuireWoods LLP (Richmond)

Tel: +1 (804) 775-1000

Fax: +1 (804) 775-1061

Gateway Plaza, 800 East Canal Street

Formlabs, Inc.

2 Attorneys Listed

Redmon Peyton & Braswell LLP

Tel: +1 (703) 684-2000

510 King St, Suite 301

Redmon, Peyton & Braswell, LLP

Tel: +1 (703) 684-2000

Fax: +1 (703) 684-5109

510 King St., Suite 301

District Court, E.D. Virginia (vaed)

Presiding Judge

Claude M. Hilton

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Formlabs, Inc. v. DWS S.R.L.

Overview

Parties

Defendant

DWS S.R.L. Follow

Represented By

Plaintiff

Formlabs, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT with Jury Demand against DWS S.R.L. ( Filing fee $ 400, receipt number 0422-6155543.), filed by Formlabs, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(klau, ) (Entered: 07/02/2018)

Financial Interest Disclosure Statement (Local Rule 7.1) by Formlabs, Inc.. (klau, ) (Entered: 07/02/2018)

Report on the filing or determination of an action regarding patent and/or trademark(s) 8,945,456. (klau, ) (Entered: 07/02/2018)

Summons Issued for service by SPS as to DWS S.R.L.. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice to Attorney)(klau, ) (Entered: 07/02/2018)

Motion to appear Pro Hac Vice by Michael Albert and Certification of Local Counsel John E. Coffey Filing fee $ 75, receipt number 0422-6163004. by Formlabs, Inc.. (Coffey, John) (Entered: 07/05/2018)

Motion to appear Pro Hac Vice by Nathan Speed and Certification of Local Counsel John E. Coffey Filing fee $ 75, receipt number 0422-6163017. by Formlabs, Inc.. (Coffey, John) (Entered: 07/05/2018)

Motion to appear Pro Hac Vice by Joshua Miller and Certification of Local Counsel John E. Coffey Filing fee $ 75, receipt number 0422-6163031. by Formlabs, Inc.. (Coffey, John) (Entered: 07/05/2018)

NOTICE of Appearance by James S. Kurz on behalf of Formlabs, Inc. (Kurz, James) (Entered: 07/05/2018)

MOTION for Service by Publication (Service under 35 USC 293) by Formlabs, Inc.. (Kurz, James) (Entered: 07/05/2018)

Memorandum in Support re 9 MOTION for Service by Publication (Service under 35 USC 293) filed by Formlabs, Inc.. (Attachments: # 1 Exhibit Declaration with 6 Attached Exhibits, # 2 Proposed Order)(Kurz, James) (Entered: 07/05/2018)

Waiver of re 9 MOTION for Service by Publication (Service under 35 USC 293) (Waiver of Hearing) by Formlabs, Inc. (Kurz, James) (Entered: 07/05/2018)

Withdrawal of Motion by Formlabs, Inc. re 9 MOTION for Service by Publication (Service under 35 USC 293) (Coffey, John) (Entered: 07/09/2018)

Waiver of re 4 Summons Issued Waiver of Service of Summons by Formlabs, Inc. (Coffey, John) (Entered: 07/09/2018)

Notice of Correction re 13 Waiver of. The document was electronically filed and it should be filed on paper. The filing user has been notified to file an original paper document with the clerk's office (klau, )

WAIVER OF SERVICE Returned Executed as to DWS S.R.L. waiver sent on 7/9/2018, answer due 10/9/2018. (klau, ) Modified text on 7/17/2018 to correct answer due date (klau, ). (Entered: 07/16/2018)

ORDER granting 7 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 7/16/18. (klau, ) (Entered: 07/17/2018)

ORDER granting 6 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 7/16/18. (klau, ) (Entered: 07/17/2018)

ORDER granting 5 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 7/16/18. (klau, ) (Entered: 07/17/2018)

MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) by DWS S.R.L.. (Riopelle, Brian) (Entered: 09/18/2018)

Memorandum in Support re 18 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) filed by DWS S.R.L.. (Attachments: # 1 Affidavit of Alexander Haertel)(Riopelle, Brian) (Entered: 09/18/2018)

Waiver of re 18 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) (Notice of Waiver of Oral Argument) by DWS S.R.L. (Riopelle, Brian) (Entered: 09/18/2018)

Motion to appear Pro Hac Vice by Russell Evan Levine and Certification of Local Counsel Brian C. Riopelle Filing fee $ 75, receipt number 0422-6285219. by DWS S.R.L.. (Riopelle, Brian) (Entered: 09/24/2018)

ORDER granting 21 Motion for Pro hac vice as to Russell Evan Levine. Signed by District Judge Claude M. Hilton on 9/25/2018. (aott, ) (Entered: 09/26/2018)

Memorandum in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) filed by Formlabs, Inc.. (Coffey, John) (Entered: 10/02/2018)

Waiver of re 23 Memorandum in Opposition, 18 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) Waiver of Hearing by Formlabs, Inc. (Coffey, John) (Entered: 10/02/2018)

Motion to appear Pro Hac Vice by Bruce H. Ratain and Certification of Local Counsel Brian C. Riopelle Filing fee $ 75, receipt number 0422-6299825. by DWS S.R.L.. (Riopelle, Brian) (Entered: 10/03/2018)

ORDER granting 26 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 10/3/18. (klau, ) (Entered: 10/04/2018)

REPLY to Response to Motion re 18 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) filed by DWS S.R.L.. (Riopelle, Brian) (Entered: 10/09/2018)

Motion to appear Pro Hac Vice by David Nelson Draper and Certification of Local Counsel Brian C. Riopelle Filing fee $ 75, receipt number 0422-6314150. by DWS S.R.L.. (Riopelle, Brian) (Entered: 10/12/2018)

MOTION for Leave to File Sur-Reply Memorandum by Formlabs, Inc.. (Attachments: # 1 Exhibit A (Sur-Reply Memorandum), # 2 Proposed Order)(Coffey, John) (Entered: 10/15/2018)

Memorandum in Support re 30 MOTION for Leave to File Sur-Reply Memorandum filed by Formlabs, Inc.. (Coffey, John) (Entered: 10/15/2018)

Waiver of re 30 MOTION for Leave to File Sur-Reply Memorandum, 31 Memorandum in Support (Waiver of Hearing) by Formlabs, Inc. (Coffey, John) (Entered: 10/15/2018)

Joint Discovery Plan by Formlabs, Inc..(Coffey, John) (Entered: 10/17/2018)

ANSWER with Jury Demand to 1 Complaint, by DWS S.R.L..(Riopelle, Brian) Modified text on 10/23/2018 (klau, ). (Entered: 10/22/2018)

ORDER that 30 Motion for Leave to File a sur-reply brief is GRANTED. ORDERED that the proposed sur-reply brief that has been submitted as part of Formlabs's Motion DEEMED FILED as of the date of this order. Signed by District Judge Claude M. Hilton on 10/23/18. (klau, ) (Entered: 10/23/2018)

Sur-Reply Memorandum in Opposition to 18 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) filed by Formlabs, Inc.. (klau, ) (Entered: 10/23/2018)

Joint MOTION for Protective Order by DWS S.R.L and by Formlabs, Inc.. (Attachments: # 1 Proposed Order)(Coffey, John) (Entered: 10/31/2018)

Waiver of re 38 Joint MOTION for Protective Order by DWS S.R.L and Formlabs (Waiver of Hearing) by Formlabs, Inc. (Coffey, John) (Entered: 10/31/2018)

PROTECTIVE ORDER re Handling and labeling of confidential materials (see order for details). Signed by Magistrate Judge Ivan D. Davis on 11/1/18. (klau, ) (Entered: 11/01/2018)

ORDER granting 29 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 11/2/18. (klau, ) (Entered: 11/06/2018)

ORDER denying 18 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Claude M. Hilton on 11/5/18. (klau, ) (Entered: 11/06/2018)

MOTION Motion for Certification Under Section 1292(b) and For a Stay by DWS S.R.L.. (Riopelle, Brian) (Entered: 11/09/2018)

Memorandum in Support re 43 MOTION Motion for Certification Under Section 1292(b) and For a Stay filed by DWS S.R.L.. (Riopelle, Brian) (Entered: 11/09/2018)

Waiver of re 43 MOTION Motion for Certification Under Section 1292(b) and For a Stay (Notice of Waiver of Oral Argument) by DWS S.R.L. (Riopelle, Brian) (Entered: 11/09/2018)

First Amended ANSWER with Jury Demand to 1 Complaint,, COUNTERCLAIM against Formlabs, Inc. by DWS S.R.L.. (Attachments: # 1 Exhibit A)(Riopelle, Brian) Modified text on 11/14/2018 (klau, ). (Entered: 11/13/2018)

Memorandum in Opposition re 43 MOTION Motion for Certification Under Section 1292(b) and For a Stay filed by Formlabs, Inc.. (Coffey, John) (Entered: 11/20/2018)

Waiver of re 47 Memorandum in Opposition, 43 MOTION Motion for Certification Under Section 1292(b) and For a Stay (Waiver of Hearing) by Formlabs, Inc. (Coffey, John) (Entered: 11/20/2018)

REPLY to Response to Motion re 43 MOTION Motion for Certification Under Section 1292(b) and For a Stay filed by DWS S.R.L.. (Riopelle, Brian) (Entered: 11/26/2018)

NOTICE of Voluntary Dismissal of Counterclaim by DWS S.R.L. (Riopelle, Brian) (Entered: 12/02/2018)

So Ordered re 50 Notice of Voluntary Dismissal of Counterclaim filed by DWS S.R.L.. Signed by District Judge Claude M. Hilton on 12/3/18. (klau, ) (Entered: 12/04/2018)

Joint MOTION to Voluntarily Dismiss Pursuant to Rule 41(a)(2) by Formlabs, Inc.. (Attachments: # 1 Proposed Order)(Coffey, John) (Entered: 12/06/2018)

Joint MOTION to Voluntarily Dismiss Pursuant to Rule 41(a)(2) by Formlabs, Inc.. (Attachments: # 1 Proposed Order)(Coffey, John) (Entered: 12/06/2018)

ORDER re 52 Motion to Voluntarily Dismiss, ORDERED that all counts of Formlabs's complaint in this action are dismissed without prejudice. Signed by District Judge Claude M. Hilton on 12/7/18. (klau, ) (Entered: 12/10/2018)

Joint MOTION for Entry of Corrected Order of Dismissal by DWS S.R.L.. (Attachments: # 1 Proposed Order)(Riopelle, Brian) (Entered: 12/11/2018)

CORRECTED ORDER that all counts of Formlabs's complaint in this action are dismissed with prejudice (see order for details). Signed by District Judge Claude M. Hilton on 12/12/18. (klau, ) (Entered: 12/13/2018)

Report on the filing or determination of an action regarding patent and/or trademark(s) 8,945,456. (klau, ) (Entered: 01/08/2019)

Track Case Updates

DWS S.R.L.

Formlabs, Inc.