Freshub, Inc. v. Amazon.com, Inc.

Appeal docketed. Received: 01/21/2022. [826405]Entry of Appearance is due on 02/07/2022. Certificate of Interest is due on 02/07/2022. Docketing Statement is due on 02/07/2022. Appellants' brief is due on 03/25/2022. [JCW] [Entered: 01/24/2022 01:41 PM]

2022-01-24

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Note to File: The following cases are consolidated: 22-1391 Lead with 22-1425 Cross-Appeal. The parties must file all documents in the lead appeal only. [828378] [22-1391, 22-1425] [JCW] [Entered: 02/01/2022 02:48 PM]

2022-02-01

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Official caption revised to reflect cross-appeal with 22-1425. (see attached). Service as of this date by the Clerk of Court. [828382] [JCW] [Entered: 02/01/2022 02:50 PM]

2022-02-01

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Entry of appearance for J. David Hadden; Saina S. Shamilov; Todd R. Gregorian; Ravi R. Ranganath; Eric B. Young as counsel for Cross-Appellants Amazon.com Services LLC, Prime Now, LLC, Whole Foods Market Services, Inc. and Amazon.com, Inc.. Service: 02/02/2022 by email. [828677] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 03:31 PM]

2022-02-02

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Certificate of Interest for Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/02/2022 by email. [828678] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 03:32 PM]

2022-02-02

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Docketing Statement for the Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/02/2022 by email. [828679] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 03:34 PM]

2022-02-02

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Corrected Certificate of Interest for Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/02/2022 by email. [828693] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 04:02 PM]

2022-02-02

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Entry of appearance for Paul J. Andre; James R. Hannah; Lisa Kobialka as counsel for Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/07/2022 by email. [829430] [22-1391] [Paul Andre] [Entered: 02/07/2022 03:20 PM]

2022-02-07

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Certificate of Interest for Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/07/2022 by email. [829432] [22-1391] [Paul Andre] [Entered: 02/07/2022 03:22 PM]

2022-02-07

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Docketing Statement for the Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/07/2022 by email. [829436] [22-1391] [Paul Andre] [Entered: 02/07/2022 03:24 PM]

2022-02-07

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Transcript Purchase Order Form for the Appellants Freshub, Inc. and Freshub, Ltd. indicating that a request is made to the reporter for a transcript. Service: 02/15/2022 by clerk. [831083] [JCP] [Entered: 02/15/2022 07:41 AM]

2022-02-14

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MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to modify the official caption. Service: 02/14/2022 by email. [831072] [22-1391] [Paul Andre] [Entered: 02/15/2022 12:06 AM]

2022-02-15

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ORDER granting motion to modify the official caption [11] filed by Appellants Freshub, Inc. and Freshub, Ltd. The revised official caption is reflected in the order. Service as of this date by the Clerk of Court. [831509] [LMS] [Entered: 02/16/2022 08:40 AM]

2022-02-16

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Transcript Purchase Order Form for the Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Whole Foods Market Services, Inc. and Appellant Freshub, Ltd. indicating that a request is made to the reporter for a transcript. Service: 02/23/2022 by email. [833163] [22-1391] [Eric Young] [Entered: 02/23/2022 07:57 PM]

2022-02-23

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Transcript Purchase Order Form for the Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. indicating that a request is made to the reporter for a transcript. Service: 02/23/2022 by email. [833164] [22-1391] [Eric Young] [Entered: 02/23/2022 07:58 PM]

2022-02-23

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Transcript Purchase Order Form for the Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. indicating that a request is made to the reporter for a transcript. Service: 03/11/2022 by clerk. [836400] [JCP] [Entered: 03/11/2022 03:19 PM]

2022-03-09

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MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to extend the time to 05/24/2022 to file brief. Service: 03/17/2022 by email. [837488] [22-1391] [Paul Andre] [Entered: 03/17/2022 09:29 PM]

2022-03-17

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TEXT ONLY ORDER granting motion to extend time to file brief [17] filed by Appellants Freshub, Inc. and Freshub, Ltd. The opening brief is due 05/24/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [837506] [JCW] [Entered: 03/18/2022 08:54 AM]

2022-03-18

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MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 05/24/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [851677] --[Edited 05/25/2022 by JCW - compliance review complete] [Paul Andre] [Entered: 05/24/2022 10:57 PM]

2022-05-24

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CONFIDENTIAL OPENING BRIEF FILED by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 05/24/2022 by email. [851678] [22-1391] This document is non-compliant. See Doc No.[21] [Paul Andre] [Entered: 05/24/2022 11:00 PM]

2022-05-24

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NOTICE OF NON-COMPLIANCE: The submission of Appellants Freshub, Inc. and Freshub, Ltd., Confidential Opening Brief [20], is not in compliance with the rules of this court (see attached). Compliant document due on 06/02/2022. Service as of this date by the Clerk of Court. [851688] [JCW] [Entered: 05/25/2022 08:55 AM]

2022-05-25

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MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 05/27/2022 by email. [852455]--[Edited 05/27/2022 by JCW - compliance review complete] [Paul Andre] [Entered: 05/27/2022 01:47 PM]

2022-05-27

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MOTION of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. to extend the time to 09/06/2022 to file brief. Service: 06/14/2022 by email. [855513] [22-1391] [Eric Young] [Entered: 06/14/2022 02:23 PM]

2022-06-14

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ORDER granting motion to extend time to file brief [23] filed by Cross-Appellants. The opening-and-response brief is due 09/06/2022. Service as of this date by the Clerk of Court. [856488] [LMS] [Entered: 06/21/2022 11:32 AM]

2022-06-21

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Amended Entry of Appearance for Paul J. Andre; James R. Hannah; Lisa Kobialka as counsel for Appellants Freshub, Ltd. and Freshub, Inc.. Service: 07/28/2022 by email. [863513] [22-1391] [Paul Andre] [Entered: 07/28/2022 12:37 AM]

2022-07-28

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MOTION of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. to extend the time to 09/27/2022 to file brief. Service: 08/25/2022 by email. [868335] [22-1391] [Eric Young] [Entered: 08/25/2022 02:05 PM]

2022-08-25

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ORDER granting motion to extend time to file brief [26] filed by Cross-Appellants Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. The brief is due 09/27/2022. Service as of this date by the Clerk of Court. [872228] [NL] [Entered: 09/16/2022 11:42 AM]

2022-09-16

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RESPONSE BRIEF FILED by Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. Service: 09/27/2022 by email. [874289] [22-1391] This document is non-compliant. See Doc No. [29] [J. David Hadden] [Entered: 09/27/2022 05:26 PM]

2022-09-27

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NOTICE OF NON-COMPLIANCE: The submission of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC, and Whole Foods Market Services, Inc., Response Brief [28], is not in compliance with the rules of this court (see attached). Compliant document due on 10/05/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [874340] [EKD] [Entered: 09/28/2022 09:27 AM]

2022-09-28

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MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC, and Whole Foods Market Services, Inc. Service: 09/28/2022 by email. [874475] --[Edited 09/29/2022 by EKD - compliance review complete] [J. David Hadden] [Entered: 09/28/2022 02:35 PM]

2022-09-28

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MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to extend the time to 01/09/2023 to file brief. Service: 10/10/2022 by email. [876838] [22-1391] [Paul Andre] [Entered: 10/10/2022 08:42 PM]

2022-10-10

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ORDER granting motion to extend time to file brief [31] filed by Appellants Freshub, Inc. and Freshub, Ltd. The reply brief is due 01/09/2023. Service as of this date by the Clerk of Court. [880857] [NL] [Entered: 10/28/2022 12:26 PM]

2022-10-28

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MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Freshub, Inc. and Freshub, Ltd. Service: 01/09/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [895754] --[Edited 01/10/2023 by EKD - compliance review complete] [Paul Andre] [Entered: 01/09/2023 10:32 PM]

2023-01-09

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MOTION of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. to extend the time to 02/21/2023 to file brief. Service: 01/12/2023 by email. [896744] [22-1391] [Eric Young] [Entered: 01/12/2023 07:28 PM]

2023-01-12

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TEXT ONLY ORDER granting motion to extend time to file brief [34] filed by Cross-Appellants Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. The reply brief is due 02/21/2023. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [896791] [EKD] [Entered: 01/13/2023 09:37 AM]

2023-01-13

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MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC, and Whole Foods Market Services, Inc. Service: 02/21/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [905341] --[Edited 02/23/2023 by EKD - compliance review complete] [J. David Hadden] [Entered: 02/21/2023 05:48 PM]

2023-02-21

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CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [36], ERROR: The document had imbedded comments. CORRECTION: For future filings, documents submitted to the court should be flattened. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [905730] [EKD] [Entered: 02/23/2023 09:26 AM]

2023-02-23

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Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Freshub, Inc., Freshub, Ltd. and Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/28/2023 by email. [906920] [22-1391] [Paul Andre] [Entered: 02/28/2023 04:16 PM]

2023-02-28

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MODIFIED ENTRY: APPENDIX FILED by Appellants Freshub, Inc., Freshub, Ltd. and Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. Service: 02/28/2023 by email. [906979] --[Edited 03/01/2023 by EKD - compliance review complete] [Paul Andre] [Entered: 02/28/2023 07:28 PM]

2023-02-28

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MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellants Freshub, Inc., Freshub, Ltd. and Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. Service: 02/28/2023 by email. [906981]--[Edited 03/01/2023 by EKD - compliance review complete] [Paul Andre] [Entered: 02/28/2023 07:32 PM]

2023-02-28

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Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/28/2023 by email. [906982] [22-1391] [Paul Andre] [Entered: 02/28/2023 07:34 PM]

2023-02-28

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Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [907041] [EKD] [Entered: 03/01/2023 09:52 AM]

2023-03-01

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [907042] [EKD] [Entered: 03/01/2023 09:52 AM]

2023-03-01

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Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 03/01/2023 by email. [907287] [22-1391] [J. David Hadden] [Entered: 03/01/2023 06:12 PM]

2023-03-01

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The following conflict date submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, et al. has been accepted by the court: 10/02/2023. The following conflict date is not accepted at this time: 10/05/2023. The following conflict date falls outside of the court's sessions and is therefore not accepted: 05/08/2023. [907592] [MJL] [Entered: 03/03/2023 09:16 AM]

2023-03-03

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6 paper copies of Doc. No. [36], [30] received from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. [908897] [VDW] [Entered: 03/09/2023 02:59 PM]

2023-03-03

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6 paper copies of Doc. No. [40], [33], [22] received from Appellants Freshub, Inc. and Freshub, Ltd.. [908906] [VDW] [Entered: 03/09/2023 03:12 PM]

2023-03-06

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Notice from Appellants Freshub, Inc. and Freshub, Ltd. regarding conflicts with oral argument. Service: 03/08/2023 by email. [908596] [22-1391] [Paul Andre] [Entered: 03/08/2023 02:23 PM]

2023-03-08

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The following conflict dates submitted by Paul J. Andre for Freshub, Inc. and Freshub, Ltd. have been accepted by the court: 10/03/2023, 10/04/2023, 10/05/2023, 10/06/2023. [909496] [MJL] [Entered: 03/13/2023 01:36 PM]

2023-03-13

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Notice from Appellants Freshub, Inc. and Freshub, Ltd. regarding conflicts with oral argument. Service: 05/15/2023 by email. [923590] [22-1391] [Paul Andre] [Entered: 05/15/2023 08:09 PM]

2023-05-15

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The following conflict dates submitted by Paul J. Andre for Freshub, Inc. and Freshub, Ltd. have been accepted by the court: 11/06/2023, 11/07/2023, 11/08/2023, 11/09/2023, 12/04/2023, 12/05/2023, 12/06/2023, 12/07/2023, 12/08/2023. [923609] [MJL] [Entered: 05/16/2023 08:25 AM]

2023-05-16

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Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 06/01/2023 by email. [927151] [22-1391] [J. David Hadden] [Entered: 06/01/2023 03:10 PM]

2023-06-01

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The following additional conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. have been accepted by the court: 10/03/2023, 10/04/2023, 10/05/2023, 10/06/2023. [927347] [MJL] [Entered: 06/02/2023 10:42 AM]

2023-06-02

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Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 07/17/2023 by email. [936605] [22-1391] [J. David Hadden] [Entered: 07/17/2023 12:08 PM]

2023-07-17

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The following additional conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. have been accepted by the court: 09/06/2023, 11/06/2023, 11/07/2023, 11/08/2023, 11/09/2023. [937289] [MJL] [Entered: 07/20/2023 09:52 AM]

2023-07-20

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [946894] [CAB] [Entered: 08/30/2023 04:02 PM]

2023-08-30

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Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 09/05/2023 by email. [947614] [22-1391] [J. David Hadden] [Entered: 09/05/2023 12:57 PM]

2023-09-05

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Notice from Appellants Freshub, Inc. and Freshub, Ltd. regarding conflicts with oral argument. Service: 09/06/2023 by email. [948187] [22-1391] [Paul Andre] [Entered: 09/06/2023 05:07 PM]

2023-09-06

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The following conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. have been accepted by the court: 03/08/2024, 04/01/2024, 04/02/2024, 04/03/2024. [949106] [MJL] [Entered: 09/11/2023 01:23 PM]

2023-09-11

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The following conflict dates submitted by Paul J. Andre for Freshub, Inc. and Freshub, Ltd. have been accepted by the court: 12/04/2023, 12/05/2023, 12/06/2023, 12/07/2023, 12/08/2023, 01/10/2024. [949107] [MJL] [Entered: 09/11/2023 01:25 PM]

2023-09-11

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Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 10/18/2023 by email. [957439] [22-1391] [J. David Hadden] [Entered: 10/18/2023 06:56 PM]

2023-10-18

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The following additional conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, et al. have been accepted by the court: 02/05/2024, 02/06/2024, 02/07/2024, 02/08/2024, 02/09/2024. [957469] [MJL] [Entered: 10/19/2023 09:18 AM]

2023-10-19

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NOTICE OF ORAL ARGUMENT. Panel: 2401I. Case scheduled January 12, 2024. Response to Notice of Oral Argument due: 12/01/2023. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [964260] [MJL] [Entered: 11/17/2023 05:15 PM]

2023-11-17

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Response to notice of oral argument from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 11/28/2023 by email. [965983] [22-1391] [J. David Hadden] [Entered: 11/28/2023 03:47 PM]

2023-11-28

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Response to notice of oral argument from Appellants Freshub, Inc. and Freshub, Ltd.. Service: 11/30/2023 by email. [966796] [22-1391] [Paul Andre] [Entered: 11/30/2023 06:40 PM]

2023-11-30

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MOTION of Appellants Freshub, Inc. and Freshub, Ltd. for leave to file entry of appearance for Cristina Martinez. Service: 12/26/2023 by email. [972891] [22-1391] [Cristina Martinez] [Entered: 12/26/2023 04:01 PM]

2023-12-26

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ORDER filed granting motion for leave for Cristina Martinez to appear as counsel [66] filed by Appellants Freshub, Inc. and Freshub, Ltd. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [974154] [MVH] [Entered: 01/02/2024 04:32 PM]

2024-01-02

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Entry of Appearance for Cristina Martinez as counsel for Appellants Freshub, Inc. and Freshub, Ltd. Service: 12/26/2023 by email. [974156] [MVH] [Entered: 01/02/2024 04:33 PM]

2024-01-02

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Submitted after ORAL ARGUMENT to Panel: Reyna, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge.Arguing counsel: Paul J. Andre for Freshub, Inc. and Freshub, Ltd. and J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, et al.Oral Argument Audio available here. [976424] [MJL] [Entered: 01/12/2024 01:56 PM]

2024-01-12

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OPINION filed for the court by Reyna, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [986378] [22-1391, 22-1425] [MVH] [Entered: 02/26/2024 10:06 AM]

2024-02-26

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JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Each Side Bears Its Own Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [986379] [22-1391, 22-1425] [MVH] [Entered: 02/26/2024 10:08 AM]

2024-02-26

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MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 04/11/2024. Service: 03/20/2024 by email. [992018] [22-1391] [Paul Andre] [Entered: 03/20/2024 07:49 PM]

2024-03-20

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ORDER filed granting motion to extend time to file petition for rehearing [72] filed by Appellants Freshub, Inc. and Freshub, Ltd. Petition for Rehearing due on or before 04/11/2024. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [992122] [MVH] [Entered: 03/21/2024 01:34 PM]

2024-03-21

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Petition for panel rehearing, for en banc rehearing filed by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 04/11/2024 by email. [996906] [22-1391] [Paul Andre] [Entered: 04/11/2024 04:44 PM]

2024-04-11

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13 paper copies of Doc. No. [74],[74] received from Appellants Freshub, Inc. and Freshub, Ltd. [997083] [IMH] [Entered: 04/12/2024 01:35 PM]

2024-04-12

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ORDER filed denying [74] petition for panel rehearing and rehearing en banc filed by Freshub, Inc. and Freshub, Ltd. By: Per Curiam. Service as of this date by the Clerk of Court. [1004468] [MVH] [Entered: 05/15/2024 04:57 PM]

2024-05-15

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Mandate issued to the United States District Court for the Western District of Texas. Service as of this date by the Clerk of Court. [1005740] [22-1391, 22-1425] [MVH] [Entered: 05/22/2024 09:12 AM]

2024-05-22

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Overview

Parties

Defendant - Appellee

WHOLE FOODS MARKET, INC. Follow

Represented By

Plaintiff - Appellant

FRESHUB, LTD. Follow

Represented By

FRESHUB, INC. Follow

Represented By

Defendant - Cross-Appellant

WHOLE FOODS MARKET SERVICES, INC. Follow

Represented By

AMAZON.COM SERVICES LLC Follow

Represented By

PRIME NOW, LLC Follow

Represented By

AMAZON.COM, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 01/21/2022. [826405]Entry of Appearance is due on 02/07/2022. Certificate of Interest is due on 02/07/2022. Docketing Statement is due on 02/07/2022. Appellants' brief is due on 03/25/2022. [JCW] [Entered: 01/24/2022 01:41 PM]

Note to File: The following cases are consolidated: 22-1391 Lead with 22-1425 Cross-Appeal. The parties must file all documents in the lead appeal only. [828378] [22-1391, 22-1425] [JCW] [Entered: 02/01/2022 02:48 PM]

Official caption revised to reflect cross-appeal with 22-1425. (see attached). Service as of this date by the Clerk of Court. [828382] [JCW] [Entered: 02/01/2022 02:50 PM]

Certificate of Interest for Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/02/2022 by email. [828678] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 03:32 PM]

Docketing Statement for the Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/02/2022 by email. [828679] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 03:34 PM]

Corrected Certificate of Interest for Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 02/02/2022 by email. [828693] [22-1391] [Todd Gregorian] [Entered: 02/02/2022 04:02 PM]

Entry of appearance for Paul J. Andre; James R. Hannah; Lisa Kobialka as counsel for Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/07/2022 by email. [829430] [22-1391] [Paul Andre] [Entered: 02/07/2022 03:20 PM]

Certificate of Interest for Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/07/2022 by email. [829432] [22-1391] [Paul Andre] [Entered: 02/07/2022 03:22 PM]

Docketing Statement for the Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/07/2022 by email. [829436] [22-1391] [Paul Andre] [Entered: 02/07/2022 03:24 PM]

Transcript Purchase Order Form for the Appellants Freshub, Inc. and Freshub, Ltd. indicating that a request is made to the reporter for a transcript. Service: 02/15/2022 by clerk. [831083] [JCP] [Entered: 02/15/2022 07:41 AM]

MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to modify the official caption. Service: 02/14/2022 by email. [831072] [22-1391] [Paul Andre] [Entered: 02/15/2022 12:06 AM]

ORDER granting motion to modify the official caption [11] filed by Appellants Freshub, Inc. and Freshub, Ltd. The revised official caption is reflected in the order. Service as of this date by the Clerk of Court. [831509] [LMS] [Entered: 02/16/2022 08:40 AM]

Transcript Purchase Order Form for the Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. indicating that a request is made to the reporter for a transcript. Service: 03/11/2022 by clerk. [836400] [JCP] [Entered: 03/11/2022 03:19 PM]

MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to extend the time to 05/24/2022 to file brief. Service: 03/17/2022 by email. [837488] [22-1391] [Paul Andre] [Entered: 03/17/2022 09:29 PM]

CONFIDENTIAL OPENING BRIEF FILED by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 05/24/2022 by email. [851678] [22-1391] This document is non-compliant. See Doc No.[21] [Paul Andre] [Entered: 05/24/2022 11:00 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 05/27/2022 by email. [852455]--[Edited 05/27/2022 by JCW - compliance review complete] [Paul Andre] [Entered: 05/27/2022 01:47 PM]

MOTION of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. to extend the time to 09/06/2022 to file brief. Service: 06/14/2022 by email. [855513] [22-1391] [Eric Young] [Entered: 06/14/2022 02:23 PM]

ORDER granting motion to extend time to file brief [23] filed by Cross-Appellants. The opening-and-response brief is due 09/06/2022. Service as of this date by the Clerk of Court. [856488] [LMS] [Entered: 06/21/2022 11:32 AM]

Amended Entry of Appearance for Paul J. Andre; James R. Hannah; Lisa Kobialka as counsel for Appellants Freshub, Ltd. and Freshub, Inc.. Service: 07/28/2022 by email. [863513] [22-1391] [Paul Andre] [Entered: 07/28/2022 12:37 AM]

MOTION of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. to extend the time to 09/27/2022 to file brief. Service: 08/25/2022 by email. [868335] [22-1391] [Eric Young] [Entered: 08/25/2022 02:05 PM]

ORDER granting motion to extend time to file brief [26] filed by Cross-Appellants Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. The brief is due 09/27/2022. Service as of this date by the Clerk of Court. [872228] [NL] [Entered: 09/16/2022 11:42 AM]

RESPONSE BRIEF FILED by Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. Service: 09/27/2022 by email. [874289] [22-1391] This document is non-compliant. See Doc No. [29] [J. David Hadden] [Entered: 09/27/2022 05:26 PM]

MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to extend the time to 01/09/2023 to file brief. Service: 10/10/2022 by email. [876838] [22-1391] [Paul Andre] [Entered: 10/10/2022 08:42 PM]

ORDER granting motion to extend time to file brief [31] filed by Appellants Freshub, Inc. and Freshub, Ltd. The reply brief is due 01/09/2023. Service as of this date by the Clerk of Court. [880857] [NL] [Entered: 10/28/2022 12:26 PM]

MOTION of Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. to extend the time to 02/21/2023 to file brief. Service: 01/12/2023 by email. [896744] [22-1391] [Eric Young] [Entered: 01/12/2023 07:28 PM]

CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [36], ERROR: The document had imbedded comments. CORRECTION: For future filings, documents submitted to the court should be flattened. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [905730] [EKD] [Entered: 02/23/2023 09:26 AM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Freshub, Inc. and Freshub, Ltd.. Service: 02/28/2023 by email. [906982] [22-1391] [Paul Andre] [Entered: 02/28/2023 07:34 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [907041] [EKD] [Entered: 03/01/2023 09:52 AM]

Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 03/01/2023 by email. [907287] [22-1391] [J. David Hadden] [Entered: 03/01/2023 06:12 PM]

6 paper copies of Doc. No. [36], [30] received from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. [908897] [VDW] [Entered: 03/09/2023 02:59 PM]

6 paper copies of Doc. No. [40], [33], [22] received from Appellants Freshub, Inc. and Freshub, Ltd.. [908906] [VDW] [Entered: 03/09/2023 03:12 PM]

Notice from Appellants Freshub, Inc. and Freshub, Ltd. regarding conflicts with oral argument. Service: 03/08/2023 by email. [908596] [22-1391] [Paul Andre] [Entered: 03/08/2023 02:23 PM]

The following conflict dates submitted by Paul J. Andre for Freshub, Inc. and Freshub, Ltd. have been accepted by the court: 10/03/2023, 10/04/2023, 10/05/2023, 10/06/2023. [909496] [MJL] [Entered: 03/13/2023 01:36 PM]

Notice from Appellants Freshub, Inc. and Freshub, Ltd. regarding conflicts with oral argument. Service: 05/15/2023 by email. [923590] [22-1391] [Paul Andre] [Entered: 05/15/2023 08:09 PM]

The following conflict dates submitted by Paul J. Andre for Freshub, Inc. and Freshub, Ltd. have been accepted by the court: 11/06/2023, 11/07/2023, 11/08/2023, 11/09/2023, 12/04/2023, 12/05/2023, 12/06/2023, 12/07/2023, 12/08/2023. [923609] [MJL] [Entered: 05/16/2023 08:25 AM]

Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 06/01/2023 by email. [927151] [22-1391] [J. David Hadden] [Entered: 06/01/2023 03:10 PM]

The following additional conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. have been accepted by the court: 10/03/2023, 10/04/2023, 10/05/2023, 10/06/2023. [927347] [MJL] [Entered: 06/02/2023 10:42 AM]

Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 07/17/2023 by email. [936605] [22-1391] [J. David Hadden] [Entered: 07/17/2023 12:08 PM]

Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 09/05/2023 by email. [947614] [22-1391] [J. David Hadden] [Entered: 09/05/2023 12:57 PM]

Notice from Appellants Freshub, Inc. and Freshub, Ltd. regarding conflicts with oral argument. Service: 09/06/2023 by email. [948187] [22-1391] [Paul Andre] [Entered: 09/06/2023 05:07 PM]

The following conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, Prime Now, LLC and Whole Foods Market Services, Inc. have been accepted by the court: 03/08/2024, 04/01/2024, 04/02/2024, 04/03/2024. [949106] [MJL] [Entered: 09/11/2023 01:23 PM]

The following conflict dates submitted by Paul J. Andre for Freshub, Inc. and Freshub, Ltd. have been accepted by the court: 12/04/2023, 12/05/2023, 12/06/2023, 12/07/2023, 12/08/2023, 01/10/2024. [949107] [MJL] [Entered: 09/11/2023 01:25 PM]

Notice from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc. regarding conflicts with oral argument. Service: 10/18/2023 by email. [957439] [22-1391] [J. David Hadden] [Entered: 10/18/2023 06:56 PM]

The following additional conflict dates submitted by J. David Hadden for Amazon.com, Inc., Amazon.com Services LLC, et al. have been accepted by the court: 02/05/2024, 02/06/2024, 02/07/2024, 02/08/2024, 02/09/2024. [957469] [MJL] [Entered: 10/19/2023 09:18 AM]

Response to notice of oral argument from Cross-Appellants Amazon.com Services LLC, Amazon.com, Inc., Prime Now, LLC and Whole Foods Market Services, Inc.. Service: 11/28/2023 by email. [965983] [22-1391] [J. David Hadden] [Entered: 11/28/2023 03:47 PM]

Response to notice of oral argument from Appellants Freshub, Inc. and Freshub, Ltd.. Service: 11/30/2023 by email. [966796] [22-1391] [Paul Andre] [Entered: 11/30/2023 06:40 PM]

MOTION of Appellants Freshub, Inc. and Freshub, Ltd. for leave to file entry of appearance for Cristina Martinez. Service: 12/26/2023 by email. [972891] [22-1391] [Cristina Martinez] [Entered: 12/26/2023 04:01 PM]

ORDER filed granting motion for leave for Cristina Martinez to appear as counsel [66] filed by Appellants Freshub, Inc. and Freshub, Ltd. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [974154] [MVH] [Entered: 01/02/2024 04:32 PM]

Entry of Appearance for Cristina Martinez as counsel for Appellants Freshub, Inc. and Freshub, Ltd. Service: 12/26/2023 by email. [974156] [MVH] [Entered: 01/02/2024 04:33 PM]

OPINION filed for the court by Reyna, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [986378] [22-1391, 22-1425] [MVH] [Entered: 02/26/2024 10:06 AM]

MOTION of Appellants Freshub, Inc. and Freshub, Ltd. to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 04/11/2024. Service: 03/20/2024 by email. [992018] [22-1391] [Paul Andre] [Entered: 03/20/2024 07:49 PM]

Petition for panel rehearing, for en banc rehearing filed by Appellants Freshub, Inc. and Freshub, Ltd.. Service: 04/11/2024 by email. [996906] [22-1391] [Paul Andre] [Entered: 04/11/2024 04:44 PM]

13 paper copies of Doc. No. [74],[74] received from Appellants Freshub, Inc. and Freshub, Ltd. [997083] [IMH] [Entered: 04/12/2024 01:35 PM]

ORDER filed denying [74] petition for panel rehearing and rehearing en banc filed by Freshub, Inc. and Freshub, Ltd. By: Per Curiam. Service as of this date by the Clerk of Court. [1004468] [MVH] [Entered: 05/15/2024 04:57 PM]

Mandate issued to the United States District Court for the Western District of Texas. Service as of this date by the Clerk of Court. [1005740] [22-1391, 22-1425] [MVH] [Entered: 05/22/2024 09:12 AM]

Track Case Updates

WHOLE FOODS MARKET, INC.

FRESHUB, LTD.

FRESHUB, INC.

WHOLE FOODS MARKET SERVICES, INC.

AMAZON.COM SERVICES LLC

PRIME NOW, LLC

AMAZON.COM, INC.