Gates Corporation v. Continental AG

Application Number	Patent Number	External Links
-	US7254934	Espacenet Google Patents

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., and Continental AG - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2689360) - filed by Gates Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(amf) (Entered: 07/19/2019)

2019-07-18

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COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., and Continental AG - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2689360) - filed by Gates Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(amf) (Entered: 07/19/2019)

2019-07-18

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COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., and Continental AG - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2689360) - filed by Gates Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(amf) (Entered: 07/19/2019)

2019-07-18

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COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., and Continental AG - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2689360) - filed by Gates Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(amf) (Entered: 07/19/2019)

2019-07-18

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) (Entered: 07/19/2019)

2019-07-18

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,254,934. (amf) (Entered: 07/19/2019)

2019-07-18

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Summons Issued

2019-07-19

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Summons Issued with Magistrate Consent Notice attached as to ContiTech AG; ContiTech North America, Inc.; ContiTech USA, Inc.; and Continental AG on 7/19/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (amf)

2019-07-19

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Case Assigned/Reassigned

2019-07-24

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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nmg)

2019-07-24

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STIPULATION TO EXTEND TIME to Serve Summons and Complaint to December 16, 2019 - filed by Gates Corporation. (Brauerman, Stephen) (Entered: 10/14/2019)

2019-10-14

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SO ORDERED

2019-10-15

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SO ORDERED re 4 STIPULATION TO EXTEND TIME to Serve Summons and Complaint to December 16, 2019. ORDERED by Judge Maryellen Noreika on 10/15/2019. (dlw)

2019-10-15

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Second UNOPPOSED MOTION for Extension of Time to Serve Summons and Complaint - filed by Gates Corporation. (Brauerman, Stephen) Modified on 11/26/2019 (dlw). (Entered: 11/26/2019)

2019-11-26

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SO ORDERED

2019-11-26

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SO ORDERED re 5 Second UNOPPOSED MOTION for Extension of Time to Serve Summons and Complaint - IT IS HEREBY ORDERED that the time for Plaintiff to serve Defendants is extended up to and including 1/30/2020. ORDERED by Judge Maryellen Noreika on 11/26/2019. (dlw)

2019-11-26

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SUMMONS Returned Executed by Gates Corporation. ContiTech North America, Inc. served on 1/28/2020, answer due 2/18/2020. (Brauerman, Stephen) (Entered: 01/28/2020)

2020-01-28

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SUMMONS Returned Executed by Gates Corporation. ContiTech USA, Inc. served on 1/28/2020, answer due 2/18/2020. (Brauerman, Stephen) (Entered: 01/28/2020)

2020-01-28

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STIPULATION TO EXTEND TIME to answer or otherwise respond to Complaint to March 19, 2020 - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Silver, Daniel) (Entered: 02/17/2020)

2020-02-17

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NOTICE of Appearance by Alexandra M. Joyce on behalf of ContiTech North America, Inc., ContiTech USA, Inc. (Joyce, Alexandra) (Entered: 02/18/2020)

2020-02-18

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~Util - Set/Reset Answer Deadline

2020-02-18

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SO ORDERED

2020-02-18

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SO ORDERED re 8 STIPULATION TO EXTEND TIME to answer or otherwise respond to Complaint to March 19, 2020 (Set/Reset Answer Deadlines: ContiTech North America, Inc. answer due 3/19/2020; ContiTech USA, Inc. answer due 3/19/2020). ORDERED by Judge Maryellen Noreika on 2/18/2020. (dlw)

2020-02-18

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MOTION for Pro Hac Vice Appearance of Attorney Alyssa K. Sandrowitz and George G. Matava - filed by Gates Corporation. (Attachments: # 1 Certification by Counsel To Be Admitted Pro Hac Vice Alyssa K. Sandrowitz, # 2 Certification by Counsel To Be Admitted Pro Hac Vice to George G. Matava)(Brauerman, Stephen) (Entered: 03/05/2020)

2020-03-05

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SO ORDERED

2020-03-06

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Add Attorneys - PHV only

2020-03-06

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SO ORDERED re 10 MOTION for Pro Hac Vice Appearance of Attorney Alyssa K. Sandrowitz and George G. Matava filed by Gates Corporation. ORDERED by Judge Maryellen Noreika on 3/6/2020. (dlw)

2020-03-06

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Pro Hac Vice Attorney Alyssa K. Sandrowitz for Gates Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

2020-03-06

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Add Attorneys - PHV only

2020-03-09

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Pro Hac Vice Attorney George G. Matava for Gates Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

2020-03-09

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MOTION to Dismiss for Failure to State a Claim - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 03/19/2020)

2020-03-19

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[SEALED] OPENING BRIEF in Support re 11 MOTION to Dismiss for Failure to State a Claim filed by ContiTech North America, Inc., ContiTech USA, Inc..Answering Brief/Response due date per Local Rules is 4/2/2020. (Attachments: # 1 Exhibits A-E, # 2 Certificate of Service)(Silver, Daniel) (Entered: 03/19/2020)

2020-03-19

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MOTION for Pro Hac Vice Appearance of Attorney Boyd Cloern - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Attachments: # 1 Certification of Counsel)(Silver, Daniel) (Entered: 03/19/2020)

2020-03-19

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SO ORDERED

2020-03-20

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SO ORDERED re 13 MOTION for Pro Hac Vice Appearance of Attorney Boyd Cloern filed by ContiTech North America, Inc., ContiTech USA, Inc. ORDERED by Judge Maryellen Noreika on 3/20/2020. (dlw)

2020-03-20

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MOTION for Issuance of Letters Rogatory - filed by Gates Corporation. (Attachments: # 1 Request for International Judicial Assistance (Letter Rogatory), # 2 Text of Proposed Order)(Brauerman, Stephen) (Entered: 03/23/2020)

2020-03-23

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MOTION for Issuance of Letters Rogatory - filed by Gates Corporation. (Attachments: # 1 Request for International Judicial Assistance (Letter Rogatory), # 2 Text of Proposed Order)(Brauerman, Stephen) (Entered: 03/23/2020)

2020-03-23

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ORDER GRANTING 14 Motion for Issuance of Letters Rogatory as to ContiTech AG. Signed by Judge Maryellen Noreika on 3/23/2020. (dlw) (Entered: 03/23/2020)

2020-03-23

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ORDER GRANTING 15 Motion for Issuance of Letters Rogatory as to Continental AG. Signed by Judge Maryellen Noreika on 3/23/2020. (dlw) (Entered: 03/23/2020)

2020-03-23

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Remark

2020-03-23

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Remark: Certified copies of D.I.'s 14, 15, 16 and 17 are ready for pick-up in the Clerk's Office. (lak)

2020-03-23

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STIPULATION TO EXTEND TIME for Plaintiff to File its Answering Brief in Opposition to Defendants Motion to Dismiss to May 4, 2020 and for Defendants to File their Reply Brief in Support of their Motion to Dismiss to June 10, 2020 - filed by Gates Corporation. (Brauerman, Stephen) (Entered: 03/24/2020)

2020-03-24

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~Util - Set Briefing Schedule - open,ans,reply,surreply

2020-03-24

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SO ORDERED

2020-03-24

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SO ORDERED re 18 STIPULATION TO EXTEND TIME for Plaintiff to File its Answering Brief in Opposition to Defendants Motion to Dismiss to May 4, 2020 and for Defendants to File their Reply Brief in Support of their Motion to Dismiss to June 10, 2020 (Briefing Schedule: re 11 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 5/4/2020. Reply Brief due 6/10/2020). ORDERED by Judge Maryellen Noreika on 3/24/2020. (dlw)

2020-03-24

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REDACTED VERSION of 12 Opening Brief in Support, by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 03/26/2020)

2020-03-26

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Add Attorneys - PHV only

2020-03-26

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Pro Hac Vice Attorney Boyd Cloern for ContiTech North America, Inc. and ContiTech USA, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2020-03-26

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AMENDED COMPLAINT for Patent Infringement against ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG- filed by Gates Corporation. (Attachments: # 1 Exhibit A - REDLINE, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Brauerman, Stephen) Modified on 4/9/2020 (dlw). (Entered: 04/09/2020)

2020-04-09

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ORAL ORDER re 11 MOTION to Dismiss for Failure to State a Claim - In light of 20 Plaintiff's Amended Complaint, the Court DENIES as MOOT 11 Defendants' Motion to Dismiss as it relates to 1 the Original Complaint. ORDERED by Judge Maryellen Noreika on 4/9/2020. (dlw) (Entered: 04/09/2020)

2020-04-09

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Oral Order

2020-04-09

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MOTION to Dismiss for Failure to State a Claim - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 04/23/2020)

2020-04-23

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OPENING BRIEF in Support re 22 MOTION to Dismiss for Failure to State a Claim filed by ContiTech North America, Inc., ContiTech USA, Inc..Answering Brief/Response due date per Local Rules is 5/7/2020. (Attachments: # 1 Exhibit A-E)(Silver, Daniel) (Entered: 04/23/2020)

2020-04-23

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STIPULATION TO EXTEND TIME for Plaintiff to File its Answering Brief in Opposition to Defendants Motion to Dismiss to May 21, 2020 and for Defendants to File their Reply Brief in support of their Motion to Dismiss to June 11, 2020 - filed by Gates Corporation. (Brauerman, Stephen) (Entered: 04/30/2020)

2020-04-30

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~Util - Set Briefing Schedule - open,ans,reply,surreply

2020-04-30

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SO ORDERED

2020-04-30

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SO ORDERED re 24 STIPULATION TO EXTEND TIME for Plaintiff to File its Answering Brief in Opposition to Defendants Motion to Dismiss to May 21, 2020 and for Defendants to File their Reply Brief in support of their Motion to Dismiss to June 11, 2020 (Set Briefing Schedule: re 22 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 5/21/2020. Reply Brief due 6/11/2020). ORDERED by Judge Maryellen Noreika on 4/30/2020. (dlw)

2020-04-30

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MOTION for Pro Hac Vice Appearance of Attorney Donald E. Lake, III - filed by Gates Corporation. (Attachments: # 1 Certification of Donald E. Lake, III)(Brauerman, Stephen) (Entered: 05/14/2020)

2020-05-14

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SO ORDERED re 25 MOTION for Pro Hac Vice Appearance of Attorney Donald E. Lake, III filed by Gates Corporation. ORDERED by Judge Maryellen Noreika on 5/14/2020. (dlw)

2020-05-14

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SO ORDERED

2020-05-14

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STIPULATION and [Proposed] Order by ContiTech North America, Inc., ContiTech USA, Inc.. (Silver, Daniel) (Entered: 05/15/2020)

2020-05-15

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SO ORDERED re 26 Stipulation and Order - The deadline for the Foreign Defendants to respond to the First Amended Complaint shall be triggered by the filing of proofs of service on both Foreign Defendants on the docket, followingwhich the Foreign Defendants shall have 21 days to answer, move or otherwise respond to the First Amended Complaint. SEE STIPULTION AND ORDER FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 5/15/2020. (dlw) (Entered: 05/15/2020)

2020-05-15

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ANSWERING BRIEF in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Gates Corporation. Reply Brief due date per 24 Stipulation and SO ORDERED is 6/11/2020. (Attachments: # 1 Exhibit 1)(Brauerman, Stephen) Modified on 5/21/2020 (dlw). (Entered: 05/21/2020)

2020-05-21

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REPLY BRIEF re 22 MOTION to Dismiss for Failure to State a Claim filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Silver, Daniel) (Entered: 06/11/2020)

2020-06-11

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AFFIDAVIT of Service for Complaint and Summons served on ContiTech AG on April 18, 2020, filed by Gates Corporation. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 06/29/2020)

2020-06-29

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AFFIDAVIT of Service for Complaint and Summons served on Defendant Continental AG on May 6, 2020, filed by Gates Corporation. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 06/30/2020)

2020-06-30

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STIPULATION TO EXTEND TIME the Deadline for Continental AG and ContiTech AG to respond to the First Amended Complaint to July 28, 2020 - filed by ContiTech AG, Continental AG. (Silver, Daniel) (Entered: 07/20/2020)

2020-07-20

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2020-07-21

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SO ORDERED re 32 STIPULATION TO EXTEND TIME for Continental AG and ContiTech AG to respond to the First Amended Complaint to July 28, 2020 (Set/Reset Answer Deadlines: ContiTech AG answer due 7/28/2020; Continental AG answer due 7/28/2020). ORDERED by Judge Maryellen Noreika on 7/21/2020. (dlw)

2020-07-21

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STIPULATION TO EXTEND TIME the Deadline for Continental AG and ContiTech AG to respond the First Amended Complaint to August 7, 2020 - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 07/27/2020)

2020-07-27

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2020-07-27

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SO ORDERED re 33 STIPULATION TO EXTEND TIME for Continental AG and ContiTech AG to respond the First Amended Complaint to August 7, 2020 (Set/Reset Answer Deadlines: ContiTech AG answer due 8/7/2020; Continental AG answer due 8/7/2020). ORDERED by Judge Maryellen Noreika on 7/27/2020. (dlw)

2020-07-27

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STIPULATION TO EXTEND TIME to Respond to the First Amended Complaint to August 28, 2020 - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 08/07/2020)

2020-08-07

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2020-08-07

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SO ORDERED, re 34 STIPULATION TO EXTEND TIME for Continental AG and ContiTech AG to Respond to the First Amended Complaint to August 28, 2020. Set/Reset Answer Deadlines: ContiTech AG answer due 8/28/2020; Continental AG answer due 8/28/2020. Ordered by Judge Maryellen Noreika on 8/7/2020. (asw)

2020-08-07

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NOTICE of Appearance by Alexandra M. Joyce on behalf of ContiTech AG, Continental AG (Joyce, Alexandra) (Entered: 08/28/2020)

2020-08-28

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NOTICE of Appearance by Daniel M. Silver on behalf of ContiTech AG, Continental AG (Silver, Daniel) (Entered: 08/28/2020)

2020-08-28

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MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by ContiTech AG, Continental AG. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) Modified on 9/30/2020 (dlw). (Entered: 08/28/2020)

2020-08-28

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OPENING BRIEF in Support re 37 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by ContiTech AG, Continental AG.Answering Brief/Response due date per Local Rules is 9/11/2020. (Silver, Daniel) (Entered: 08/28/2020)

2020-08-28

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DECLARATION of Christian Zur Nedden re 37 MOTION to Dismiss for Lack of Jurisdiction Over the Person by ContiTech AG, Continental AG. (Attachments: # 1 Exhibit 1)(Silver, Daniel) Modified on 8/28/2020 (dlw). (Entered: 08/28/2020)

2020-08-28

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JOINDER by ContiTech AG, Continental AG, joining in 23 Opening Brief in Support, 22 Motion to Dismiss for Failure to State a Claim . (Silver, Daniel) (Entered: 08/28/2020)

2020-08-28

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STIPULATION TO EXTEND TIME Plaintiff to respond to Defendants motion to dismiss to September 18, 2020 - filed by Gates Corporation. (Brauerman, Stephen) (Entered: 09/02/2020)

2020-09-02

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~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

2020-09-02

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SO ORDERED re 41 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants' motion to dismiss to September 18, 2020 (Set Briefing Schedule: re 37 MOTION to Dismiss for Lack of Jurisdiction Over the Person - Answering Brief due 9/18/2020). ORDERED by Judge Maryellen Noreika on 9/2/2020. (dlw)

2020-09-02

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ANSWERING BRIEF in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Gates Corporation.Reply Brief due date per Local Rules is 9/25/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Brauerman, Stephen) (Entered: 09/18/2020)

2020-09-18

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NOTICE requesting Clerk to remove George G. Matava as co-counsel. Reason for request: No longer with firm. (Brauerman, Stephen) (Entered: 09/18/2020)

2020-09-18

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STIPULATION and Proposed Order to Extend Time for Defendants to Submit Reply Brief in Support of their Motion to Dismiss by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Joyce, Alexandra) (Entered: 09/24/2020)

2020-09-24

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~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

2020-09-24

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SO ORDERED re 44 Stipulation and Order to Extend Time (Set Briefing Schedule: re 22 MOTION to Dismiss for Failure to State a Claim - Reply Brief due 10/2/2020). ORDERED by Judge Maryellen Noreika on 9/24/2020. (dlw)

2020-09-24

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REPLY BRIEF re 37 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by ContiTech AG, Continental AG. (Silver, Daniel) (Entered: 10/02/2020)

2020-10-02

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ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 10/27/2020. (dlw) (Entered: 10/27/2020)

2020-10-27

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Oral Order

2020-10-27

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NOTICE requesting Clerk to remove Alyssa K. Sandrowitz as co-counsel. Reason for request: No longer with firm. (Brauerman, Stephen) (Entered: 10/30/2020)

2020-10-30

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Add Attorneys - PHV only

2020-11-03

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Pro Hac Vice Attorney Donald E. Lake, III for Gates Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2020-11-03

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PROPOSED ORDER // Scheduling Order by Gates Corporation. (Brauerman, Stephen) Modified on 12/1/2020 (dlw). (Entered: 11/30/2020)

2020-11-30

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SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 1/14/2022. Opening Expert Reports due by 3/14/2022. Rebuttal Expert Reports due by 4/14/2022. Reply Expert Reports due by 5/14/2022. Expert Discovery due by 6/14/2022. Dispositive Motions due by 6/28/2022. Answering Brief due 7/28/2022. Reply Brief due 8/11/2022. Claim Construction Opening Brief served by 7/3/2021. Claim Construction Answering Brief served by 8/3/2021. Claim Construction Reply Brief served by 8/17/2021. Claim Construction Surreply Brief served by 9/1/2021. Joint Claim Construction Brief served by 9/8/2021. A Markman Hearing is set for 10/8/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 1/3/2023 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 1/9/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 12/4/2020. (dlw) (Entered: 12/04/2020)

2020-12-04

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ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before 12/18/20 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 12/4/20. (cak) (Entered: 12/04/2020)

2020-12-04

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Oral Order

2020-12-04

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Case Referred to Mediation - Magistrate Judge only

2020-12-04

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CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)

2020-12-04

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ORAL ORDER Setting Telephonic Hearing on 37 MOTION to Dismiss for Lack of Jurisdiction Over the Person, 22 MOTION to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 1/14/2021 at 02:00 PM before Judge Maryellen Noreika. The Court is setting aside one hour for the hearing with the time to be split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing. Counsel shall provide dial-in credentials for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 12/10/2020. (dlw) (Entered: 12/10/2020)

2020-12-10

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Order Setting Hearing on Motion

2020-12-10

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STIPULATION TO EXTEND TIME for the Parties to Serve Rule 26(a)(1) Initial Disclosures to and including December 21, 2020 (from December 14, 2020) - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Joyce, Alexandra) (Entered: 12/14/2020)

2020-12-14

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SO ORDERED

2020-12-14

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SO ORDERED re 52 STIPULATION TO EXTEND TIME for the Parties to Serve Rule 26(a)(1) Initial Disclosures to and including December 21, 2020 (from December 14, 2020). ORDERED by Judge Maryellen Noreika on 12/14/2020. (dlw)

2020-12-14

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NOTICE OF SERVICE of (1) F.R.C.P. 26(A)(1) Initial Disclosures and (2) this Notice of Service filed by Gates Corporation.(Brauerman, Stephen) (Entered: 12/21/2020)

2020-12-21

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NOTICE OF SERVICE of (1) Defendants Contitech North America, Inc. and Contitech USA, Inc.s Rule 26(a)(1) Initial Disclosures and (2) Defendants Continental AG and Continental AGs Rule 26(a)(1) Initial Disclosures filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG.(Silver, Daniel) (Entered: 12/21/2020)

2020-12-21

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MOTION for Pro Hac Vice Appearance of Attorney Thomas Yebernetsky - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Attachments: # 1 Certification for Thomas Yebernetsky)(Silver, Daniel) (Entered: 01/04/2021)

2021-01-04

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STIPULATION TO EXTEND TIME the deadline for the parties to submit a proposed protective order to January 19, 2021 - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 01/04/2021)

2021-01-04

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SO ORDERED

2021-01-04

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SO ORDERED re 55 MOTION for Pro Hac Vice Appearance of Attorney Thomas Yebernetsky filed by ContiTech North America, Inc., Continental AG, ContiTech USA, Inc., ContiTech AG. ORDERED by Judge Maryellen Noreika on 1/4/2021. (dlw)

2021-01-04

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SO ORDERED re 56 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to January 19, 2021. ORDERED by Judge Maryellen Noreika on 1/4/2021. (dlw)

2021-01-04

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Add Attorneys - PHV only

2021-01-05

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Pro Hac Vice Attorney Thomas C. Yebernetsky for ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

2021-01-05

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MOTION for Pro Hac Vice Appearance of Attorney Boyd Cloern - filed by ContiTech AG, Continental AG. (Attachments: # 1 Certification for Boyd Cloern)(Silver, Daniel) (Entered: 01/08/2021)

2021-01-08

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SO ORDERED

2021-01-08

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SO ORDERED re 57 MOTION for Pro Hac Vice Appearance of Attorney Boyd Cloern filed by Continental AG, ContiTech AG. ORDERED by Judge Maryellen Noreika on 1/8/2021. (dlw)

2021-01-08

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Add Attorneys - PHV only

2021-01-12

1

No Actions

Pro Hac Vice Attorney Boyd Cloern for ContiTech USA, Inc. and Continental AG added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2021-01-12

1

No Actions

ORAL ORDER re 51 Order Setting Telephonic Hearing on Motion - WHEREAS, the public has a right to access all public in-court proceedings; and WHEREAS, pursuant to the Court's 3/18/2020 Standing Order In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (as modified), the 1/14/2021 Motion Hearing will be conducted via teleconference; THEREFORE, IT IS HEREBY ORDERED that dial-in information to access this hearing is available by contacting Chambers at 302-573-6470. All participants must dial-in no later than 5 minutes prior to the start of the hearing. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. ORDERED by Judge Maryellen Noreika on 1/13/2021. (dlw) (Entered: 01/13/2021)

2021-01-13

1

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Oral Order

2021-01-13

1

No Actions

Motion Hearing

2021-01-14

1

No Actions

Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing via Telephone Conference held on 1/14/2021. The MOTION to Dismiss for Failure to State a Claim 22 is GRANTED-IN-PART and DENIED-IN-PART and the MOTION to Dismiss for Lack of Jurisdiction Over the Person 37 is DENIED with leave to renew at a later stage if appropriate. As stated at the hearing, the case is STAYED except for jurisdictional discovery and discovery into the proper parties to this action. The transcript shall serve as the Court's ruling.(asw)

2021-01-14

1

No Actions

ORDER Setting Mediation Conferences: A Mediation Conference is set for 10/20/2021 at 10:00 AM Eastern Time before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 2/3/21. (cak) (Entered: 02/03/2021)

2021-02-03

1

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MOTION for Pro Hac Vice Appearance of Attorney Ian R. Rainey - filed by Gates Corporation. (Brauerman, Stephen) (Entered: 02/16/2021)

2021-02-16

1

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SO ORDERED

2021-02-16

1

No Actions

SO ORDERED re 60 MOTION for Pro Hac Vice Appearance of Attorney Ian R. Rainey filed by Gates Corporation. ORDERED by Judge Maryellen Noreika on 2/16/2021. (dlw)

2021-02-16

1

No Actions

Add Attorneys - PHV only

2021-02-17

1

No Actions

Pro Hac Vice Attorney Ian R. Rainey for Gates Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

2021-02-17

1

No Actions

ORDER Setting Mediation Conferences: Due to present circumstances, this ORDER replaces the prior Mediation ORDER at D.I. 59 and removes the options for in-person and telephonic mediation. A Virtual/Video Mediation Conference is set for 10/20/2021 at 10:00 AM Eastern Time before Judge Mary Pat Thynge. See ORDER for details. Signed by Judge Mary Pat Thynge on 4/29/2021. (Taylor, Daniel) (Entered: 04/29/2021)

2021-04-29

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NOTICE OF SERVICE of Plaintiff Gates Corporation's (1) First Set of Requests for Production on Defendant ContiTech USA, Inc.; (2) First Set of Requests for Production on Defendant Continental AG; (3) First Set of Requests for Production on Defendant ContiTech AG; (4) First Set of Requests for Production on Defendant ContiTech North America, Inc.; (5) First Set of Interrogatories on Defendant ContiTech USA, Inc.; (6) First Set of Interrogatories on Defendant Continental AG; (7) First Set of Interrogatories on Defendant ContiTech AG; (8) First Set of Interrogatories on Defendant ContiTech North America, Inc.; and (9) this Notice of Service filed by Gates Corporation.(Golden, Ronald) (Entered: 05/27/2021)

2021-05-27

1

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NOTICE requesting Clerk to remove Ian R. Rainey as co-counsel. Reason for request: No longer affiliated with Lewis Brisbois Bisgaard & Smith LLP. (Brauerman, Stephen) (Entered: 05/28/2021)

2021-05-28

1

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NOTICE OF SERVICE of (1) Defendants Continental AG's Objections and Responses to Plaintiff Gates Corporation's First Set of Requests for Production; (2) Defendants Continental AG's Objections and Responses to Plaintiff Gates Corporation's First Set of Interrogatories; (3) Defendants ContiTech AG's Objections and Responses to Plaintiff Gates Corporation's First Set of Requests for Production; (4) Defendants ContiTech AG's Objections and Responses to Plaintiff Gates Corporation's First Set of Interrogatories; (5) Defendants ContiTech North America, Inc.'s Objections and Responses to Plaintiff Gates Corporation's First Set of Requests for Production; (6) Defendants ContiTech North America, Inc.'s Objections and Responses to Plaintiff Gates Corporation's First Set of Interrogatories; (7) Defendants ContiTech USA, Inc.'s Objections and Responses to Plaintiff Gates Corporation's First Set of Requests for Production; and (8) Defendants ContiTech USA, Inc.'s Objections and Responses to Plaintiff Gates Corporation's First Set of Interrogatories filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG.(Silver, Daniel) (Entered: 06/28/2021)

2021-06-28

1

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1 - Terminate Hearings AND Oral Order

2021-10-06

1

No Actions

ORAL ORDER re 61 Order Setting Mediation Conferences: At the request of the parties is is ORDERED that the mediation conference scheduled for 10/20/2021 at 10:00 AM Eastern Time before Judge Mary Pat Thynge is cancelled and all associated deadlines are hereby terminated. Ordered by Judge Mary Pat Thynge on 10/6/2021. (Taylor, Daniel)

2021-10-06

1

No Actions

STIPULATION and [Proposed] Order Staying Litigation by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 10/12/2021)

2021-10-12

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SO ORDERED re 65 Stipulation and Order Staying Litigation - IT IS HEREBY ORDERED that this action is stayed pending the final resolution of the IPR (including all appeals). The parties shall file a joint status report within fourteen (14) days of the final resolution of the IPR. Signed by Judge Maryellen Noreika on 10/12/2021. (dlw) (Entered: 10/12/2021)

2021-10-12

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CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel)

2022-04-04

1

No Actions

Case No Longer Referred to Mediation - Magistrate Judge only

2022-04-04

1

No Actions

Status Report

2022-10-14

1

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Stipulation-General (See Motion List for Stipulation to Extend Time)

2022-10-31

1

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~Util - Terminate Civil Case AND SO ORDERED

2022-10-31

1

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Patent/Trademark Report to Commissioner of Patents

2022-10-31

1

View

Overview

Parties

Defendant

ContiTech USA, Inc. Follow

Represented By

ContiTech North America, Inc. Follow

Represented By

ContiTech AG Follow

Represented By

Continental AG Follow

Represented By

Plaintiff

Gates Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) (Entered: 07/19/2019)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,254,934. (amf) (Entered: 07/19/2019)

Summons Issued

Case Assigned/Reassigned

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nmg)

STIPULATION TO EXTEND TIME to Serve Summons and Complaint to December 16, 2019 - filed by Gates Corporation. (Brauerman, Stephen) (Entered: 10/14/2019)

SO ORDERED

SO ORDERED re 4 STIPULATION TO EXTEND TIME to Serve Summons and Complaint to December 16, 2019. ORDERED by Judge Maryellen Noreika on 10/15/2019. (dlw)

Second UNOPPOSED MOTION for Extension of Time to Serve Summons and Complaint - filed by Gates Corporation. (Brauerman, Stephen) Modified on 11/26/2019 (dlw). (Entered: 11/26/2019)

SO ORDERED

SO ORDERED re 5 Second UNOPPOSED MOTION for Extension of Time to Serve Summons and Complaint - IT IS HEREBY ORDERED that the time for Plaintiff to serve Defendants is extended up to and including 1/30/2020. ORDERED by Judge Maryellen Noreika on 11/26/2019. (dlw)

SUMMONS Returned Executed by Gates Corporation. ContiTech North America, Inc. served on 1/28/2020, answer due 2/18/2020. (Brauerman, Stephen) (Entered: 01/28/2020)

SUMMONS Returned Executed by Gates Corporation. ContiTech USA, Inc. served on 1/28/2020, answer due 2/18/2020. (Brauerman, Stephen) (Entered: 01/28/2020)

STIPULATION TO EXTEND TIME to answer or otherwise respond to Complaint to March 19, 2020 - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Silver, Daniel) (Entered: 02/17/2020)

NOTICE of Appearance by Alexandra M. Joyce on behalf of ContiTech North America, Inc., ContiTech USA, Inc. (Joyce, Alexandra) (Entered: 02/18/2020)

~Util - Set/Reset Answer Deadline

SO ORDERED

SO ORDERED re 8 STIPULATION TO EXTEND TIME to answer or otherwise respond to Complaint to March 19, 2020 (Set/Reset Answer Deadlines: ContiTech North America, Inc. answer due 3/19/2020; ContiTech USA, Inc. answer due 3/19/2020). ORDERED by Judge Maryellen Noreika on 2/18/2020. (dlw)

SO ORDERED

Add Attorneys - PHV only

SO ORDERED re 10 MOTION for Pro Hac Vice Appearance of Attorney Alyssa K. Sandrowitz and George G. Matava filed by Gates Corporation. ORDERED by Judge Maryellen Noreika on 3/6/2020. (dlw)

Pro Hac Vice Attorney Alyssa K. Sandrowitz for Gates Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

Add Attorneys - PHV only

Pro Hac Vice Attorney George G. Matava for Gates Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

MOTION to Dismiss for Failure to State a Claim - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 03/19/2020)

MOTION for Pro Hac Vice Appearance of Attorney Boyd Cloern - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Attachments: # 1 Certification of Counsel)(Silver, Daniel) (Entered: 03/19/2020)

SO ORDERED

SO ORDERED re 13 MOTION for Pro Hac Vice Appearance of Attorney Boyd Cloern filed by ContiTech North America, Inc., ContiTech USA, Inc. ORDERED by Judge Maryellen Noreika on 3/20/2020. (dlw)

MOTION for Issuance of Letters Rogatory - filed by Gates Corporation. (Attachments: # 1 Request for International Judicial Assistance (Letter Rogatory), # 2 Text of Proposed Order)(Brauerman, Stephen) (Entered: 03/23/2020)

MOTION for Issuance of Letters Rogatory - filed by Gates Corporation. (Attachments: # 1 Request for International Judicial Assistance (Letter Rogatory), # 2 Text of Proposed Order)(Brauerman, Stephen) (Entered: 03/23/2020)

ORDER GRANTING 14 Motion for Issuance of Letters Rogatory as to ContiTech AG. Signed by Judge Maryellen Noreika on 3/23/2020. (dlw) (Entered: 03/23/2020)

ORDER GRANTING 15 Motion for Issuance of Letters Rogatory as to Continental AG. Signed by Judge Maryellen Noreika on 3/23/2020. (dlw) (Entered: 03/23/2020)

Remark

Remark: Certified copies of D.I.'s 14, 15, 16 and 17 are ready for pick-up in the Clerk's Office. (lak)

~Util - Set Briefing Schedule - open,ans,reply,surreply

SO ORDERED

REDACTED VERSION of 12 Opening Brief in Support, by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 03/26/2020)

Add Attorneys - PHV only

Pro Hac Vice Attorney Boyd Cloern for ContiTech North America, Inc. and ContiTech USA, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

ORAL ORDER re 11 MOTION to Dismiss for Failure to State a Claim - In light of 20 Plaintiff's Amended Complaint, the Court DENIES as MOOT 11 Defendants' Motion to Dismiss as it relates to 1 the Original Complaint. ORDERED by Judge Maryellen Noreika on 4/9/2020. (dlw) (Entered: 04/09/2020)

Oral Order

MOTION to Dismiss for Failure to State a Claim - filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 04/23/2020)

OPENING BRIEF in Support re 22 MOTION to Dismiss for Failure to State a Claim filed by ContiTech North America, Inc., ContiTech USA, Inc..Answering Brief/Response due date per Local Rules is 5/7/2020. (Attachments: # 1 Exhibit A-E)(Silver, Daniel) (Entered: 04/23/2020)

~Util - Set Briefing Schedule - open,ans,reply,surreply

SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Donald E. Lake, III - filed by Gates Corporation. (Attachments: # 1 Certification of Donald E. Lake, III)(Brauerman, Stephen) (Entered: 05/14/2020)

SO ORDERED re 25 MOTION for Pro Hac Vice Appearance of Attorney Donald E. Lake, III filed by Gates Corporation. ORDERED by Judge Maryellen Noreika on 5/14/2020. (dlw)

SO ORDERED

STIPULATION and [Proposed] Order by ContiTech North America, Inc., ContiTech USA, Inc.. (Silver, Daniel) (Entered: 05/15/2020)

ANSWERING BRIEF in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Gates Corporation. Reply Brief due date per 24 Stipulation and SO ORDERED is 6/11/2020. (Attachments: # 1 Exhibit 1)(Brauerman, Stephen) Modified on 5/21/2020 (dlw). (Entered: 05/21/2020)

REPLY BRIEF re 22 MOTION to Dismiss for Failure to State a Claim filed by ContiTech North America, Inc., ContiTech USA, Inc.. (Silver, Daniel) (Entered: 06/11/2020)

AFFIDAVIT of Service for Complaint and Summons served on ContiTech AG on April 18, 2020, filed by Gates Corporation. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 06/29/2020)

AFFIDAVIT of Service for Complaint and Summons served on Defendant Continental AG on May 6, 2020, filed by Gates Corporation. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 06/30/2020)

STIPULATION TO EXTEND TIME the Deadline for Continental AG and ContiTech AG to respond to the First Amended Complaint to July 28, 2020 - filed by ContiTech AG, Continental AG. (Silver, Daniel) (Entered: 07/20/2020)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED re 32 STIPULATION TO EXTEND TIME for Continental AG and ContiTech AG to respond to the First Amended Complaint to July 28, 2020 (Set/Reset Answer Deadlines: ContiTech AG answer due 7/28/2020; Continental AG answer due 7/28/2020). ORDERED by Judge Maryellen Noreika on 7/21/2020. (dlw)

STIPULATION TO EXTEND TIME the Deadline for Continental AG and ContiTech AG to respond the First Amended Complaint to August 7, 2020 - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 07/27/2020)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED re 33 STIPULATION TO EXTEND TIME for Continental AG and ContiTech AG to respond the First Amended Complaint to August 7, 2020 (Set/Reset Answer Deadlines: ContiTech AG answer due 8/7/2020; Continental AG answer due 8/7/2020). ORDERED by Judge Maryellen Noreika on 7/27/2020. (dlw)

STIPULATION TO EXTEND TIME to Respond to the First Amended Complaint to August 28, 2020 - filed by ContiTech AG, ContiTech North America, Inc., ContiTech USA, Inc., Continental AG. (Silver, Daniel) (Entered: 08/07/2020)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED, re 34 STIPULATION TO EXTEND TIME for Continental AG and ContiTech AG to Respond to the First Amended Complaint to August 28, 2020. Set/Reset Answer Deadlines: ContiTech AG answer due 8/28/2020; Continental AG answer due 8/28/2020. Ordered by Judge Maryellen Noreika on 8/7/2020. (asw)

ContiTech USA, Inc.

ContiTech North America, Inc.

ContiTech AG

Continental AG

Gates Corporation