GPS Industries LLC v. Expresso Satellite Navigation, Inc.

1:11-cv-00385

Overview

Case Number 1:11-cv-00385

Filing Date 2011-05-10

Status Terminated

Termination Date 2013-02-26

Court District Court, W.D. Texas (txwd)

Presiding Judge Lee Yeakel

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:1338 Patent Infringement

Jury Demand Both

Parties

Counter Defendant

GPS Industries, LLC

Represented By

4 Attorneys Listed

Christopher M. Faucett

Prebeg Faucett & Abbott, PLLC

Tel: +1 (832) 742-9260

Fax: +1 (832) 742-9261

8441 Gulf Freeway, Suite 307, Houston, TX 77017

Stephen W. Abbott

Prebeg, Faucett & Abbott PLLC

Tel: +1 (832) 742-9260

Fax: +1 (832) 742-9261

8441 Gulf Freeway, Suite 307, Houston, TX 77017

Matthew J.M. Prebeg

Prebeg, Faucett & Abbott PLLC

Tel: +1 (832) 742-9263

Fax: +1 (832) 742-9261

8441 Gulf Freeway, Suite 307

Scott M. Clearman

The Clearman Law Firm, PLLC

Tel: +1 (713) 304-9669

Fax: +1 (877) 519-2800

2518 South Blvd., Houston, TX 77098

Defendant

SkyShot USA Inc.

Represented By

0 Attorneys Listed

No attorneys available

Savant GPS LLC

Represented By

0 Attorneys Listed

No attorneys available

GoPlanet Corporation

Represented By

0 Attorneys Listed

No attorneys available

Expresso Satellite Navigation, Inc.

Represented By

4 Attorneys Listed

Matthew C. Powers

Graves Dougherty Hearon & Moody PC

Tel: +1 (512) 480-5725

Fax: +1 (512) 536-9938

401 Congress Avenue, Suite 2700

Steven D. Smit

Graves, Dougherty, Hearon & Moody

Tel: +1 (512) 480-5653

Fax: +1 (512) 480-5853

Graves, Dougherty, Hearon & Moody, 401 Congress Avenue

James Norman Willi

Willi Law Firm, P.C.

Tel: +1 (512) 288-3200

Fax: +1 (512) 277-6010

5920 W. William Cannon Dr., Bldg. 6, Ste. 100

Tracy J. Willi

Willi Law Firm, P.C.

Tel: +1 (512) 288-3200

Fax: +1 (512) 277-6010

5920 W. William Cannon Dr., Bldg. 6, Ste. 100

Bushnell Corporation

Represented By

0 Attorneys Listed

No attorneys available

Counter Claimant

SkyHawke Technologies, LLC

Represented By

4 Attorneys Listed

Alan D Albright

Bracewell LLP

Tel: +1 (512) 494-3620

111 Congress Ave., Suite 2300, Austin, TX 78701

Thomas J. Fisher

Cozen O'Connor

Tel: +1 (202) 471-3430

Fax: +1 (202) 618-4869

Cozen O'Connor, 1200 19th Street, NW, Third Floor

Alexander B. Englehart

Oblon, McClelland, Maier & Neustadt, L.L.P.

Tel: +1 (703) 413-3000

Fax: +1 (703) 413-2220

Oblon, McClelland, Maier & Neustadt, L.L.P., 1940 Duke Street

Jordan S. Weinstein

Barnes & Thornburg LLP

Tel: +1 (202) 408-6930

Fax: +1 (202) 289-1330

1717 Pennsylvania Ave., N.W., Suite 500, Washington, DC 20006-4623

Garmin International, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Consolidated Plaintiff

Callaway Golf Company

Represented By

0 Attorneys Listed

No attorneys available

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Lee Yeakel

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT Plaintiff's Original Complaint for Patent Infringement and Demand for Jury Trial ( Filing fee $ 350 receipt number 0542-3615203), filed by GPS Industries LLC. (Attachments: # 1 Exhibit A - US Patent No. 5,438518, # 2 Exhibit B - Ex Parte Reexamination Certificate, # 3 Civil Cover Sheet)(Prebeg, Matthew) (Entered: 05/10/2011)

2011-05-10

Download

COMPLAINT Plaintiff's Original Complaint for Patent Infringement and Demand for Jury Trial ( Filing fee $ 350 receipt number 0542-3615203), filed by GPS Industries LLC. (Attachments: # 1 Exhibit A - US Patent No. 5,438518, # 2 Exhibit B - Ex Parte Reexamination Certificate, # 3 Civil Cover Sheet)(Prebeg, Matthew) (Entered: 05/10/2011)

2011-05-10

View

COMPLAINT Plaintiff's Original Complaint for Patent Infringement and Demand for Jury Trial ( Filing fee $ 350 receipt number 0542-3615203), filed by GPS Industries LLC. (Attachments: # 1 Exhibit A - US Patent No. 5,438518, # 2 Exhibit B - Ex Parte Reexamination Certificate, # 3 Civil Cover Sheet)(Prebeg, Matthew) (Entered: 05/10/2011)

2011-05-10

View

COMPLAINT Plaintiff's Original Complaint for Patent Infringement and Demand for Jury Trial ( Filing fee $ 350 receipt number 0542-3615203), filed by GPS Industries LLC. (Attachments: # 1 Exhibit A - US Patent No. 5,438518, # 2 Exhibit B - Ex Parte Reexamination Certificate, # 3 Civil Cover Sheet)(Prebeg, Matthew) (Entered: 05/10/2011)

2011-05-10

View

GPS Industries LLC v. Expresso Satellite Navigation, Inc.

Overview

Parties

Counter Defendant

GPS Industries, LLC Follow

Represented By

Defendant

SkyShot USA Inc. Follow

Represented By

Savant GPS LLC Follow

Represented By

GoPlanet Corporation Follow

Represented By

Expresso Satellite Navigation, Inc. Follow

Represented By

Bushnell Corporation Follow

Represented By

Counter Claimant

SkyHawke Technologies, LLC Follow

Represented By

Garmin International, Inc. Follow

Represented By

Consolidated Plaintiff

Callaway Golf Company Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

REQUEST FOR ISSUANCE OF SUMMONS by GPS Industries LLC. to Bushnell, Callaway, Garmin, Expresso, Savant, & Sky Shot (Prebeg, Matthew) (Entered: 05/10/2011)

NOTICE of Attorney Appearance by Scott M. Clearman on behalf of GPS Industries LLC (Clearman, Scott) (Entered: 05/10/2011)

RULE 7 DISCLOSURE STATEMENT filed by GPS Industries LLC Plaintiff's Corporate Disclosure Statement. (Prebeg, Matthew) (Entered: 05/10/2011)

Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (os)

DEMAND for Trial by Jury by GPS Industries LLC, contained within the complaint. (os)

Summons Issued as to Bushnell Corporation, Callaway Golf Company, Expresso Satellite Navigation, Inc., Garmin International, Inc., Savant GPS LLC, SkyShot USA Inc.. (os) (Entered: 05/11/2011)

Report on Patent/Trademark sent to U.S. Patent and Trademark Office with copy of complaint. (os) (Entered: 05/11/2011)

NOTICE of Voluntary Dismissal by GPS Industries LLC Plaintiff's Notice of Dismissal Without Prejudice of Defendant, Savant GPS LLC (Prebeg, Matthew) (Entered: 07/28/2011)

ORDERED that all claims alleged by Plaintiff GPS Industries LLC against Defendant Savant GPS LLC. are DISMISSED Without Prejudice. Signed by Judge Lee Yeakel. (dm, ) (Entered: 08/02/2011)

REQUEST FOR ISSUANCE OF SUMMONS by GPS Industries LLC. (Prebeg, Matthew) (Entered: 08/11/2011)

Summons Issued as to Bushnell Corporation, Callaway Golf Company, Expresso Satellite Navigation, Inc., Garmin International, Inc., SkyHawke Technologies, LLC, SkyShot USA Inc.. (dm, ) (Entered: 08/12/2011)

Unopposed MOTION for Extension of Time to File Answer re 9 Amended Complaint, by Expresso Satellite Navigation, Inc.. (Attachments: # 1 Proposed Order)(Willi, James) (Entered: 08/31/2011)

ORDER GRANTING 12 Motion for Extension of Time to Answer ; Expresso Satellite Navigation, Inc. answer due 10/3/2011. Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/02/2011)

SUMMONS Returned Executed by GPS Industries LLC. Expresso Satellite Navigation, Inc. served on 8/19/2011, answer due 9/9/2011. (dm, ) (Entered: 09/07/2011)

SUMMONS Returned Executed by GPS Industries LLC. Garmin International, Inc. served on 8/31/2011, answer due 9/21/2011. (dm, ) (Entered: 09/07/2011)

SUMMONS Returned Executed by GPS Industries LLC. SkyHawke Technologies, LLC served on 8/19/2011, answer due 9/9/2011. (dm, ) (Entered: 09/07/2011)

NOTICE of Voluntary Dismissal by GPS Industries LLC Plaintiff's Notice of Dismissal with Prejudice (of Bushnell Corporation) (Prebeg, Matthew) (Entered: 09/07/2011)

ORDERED that all claims alleged by Plaintiff GPS Industries LLC against Defendant Bushnell Corporation are DISMISSED WITH PREJUDICE. Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/13/2011)

NOTICE of Voluntary Dismissal by GPS Industries LLC Plaintiff's Notice of Dismissal With Prejudice (as to Garmin International, Inc.) (Prebeg, Matthew) (Entered: 09/16/2011)

NOTICE of Voluntary Dismissal by GPS Industries LLC Plaintiff's Notice of Dismissal Without Prejudice (as to GoPlanet Corporation) (Prebeg, Matthew) (Entered: 09/16/2011)

ORDER DISMISSIING Claims against Garmin International, Inc.. Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/22/2011)

ORDER DISMISSING Claims Against GoPlanet Corporation. Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/22/2011)

Unopposed MOTION for Extension of Time to File Answer re 9 Amended Complaint, by Expresso Satellite Navigation, Inc.. (Attachments: # 1 Proposed Order)(Willi, James) (Entered: 09/29/2011)

ORDER GRANTING 23 Motion for Extension of Time to Answer re 9 Amended Complaint, ; Expresso Satellite Navigation, Inc. answer due 10/24/2011. Signed by Judge Lee Yeakel. (dm, ) (Entered: 10/03/2011)

ORDERED that the style in the cause remaining before the Court be modified as noted in the style used in this Order. Signed by Judge Lee Yeakel. (dm, ) (Entered: 10/03/2011)

REQUEST FOR ISSUANCE OF SUMMONS by GPS Industries LLC. (Prebeg, Matthew) (Entered: 10/04/2011)

Summons Issued as to SkyShot USA Inc.. (dm, ) (Entered: 10/04/2011)

SkyHawke Technologies ANSWER to 9 Amended Complaint, with Jury Demand, COUNTERCLAIM against GPS Industries LLC by SkyHawke Technologies, LLC.(Albright, Alan) (Entered: 10/07/2011)

Letter/Correspondence addressed to Thomas J. Fisher, Jordan S. Weinstein and Alexander B. Englehart regarding admission status as to SkyHawke Technologies, LLC. (dm, ) (Entered: 10/11/2011)

RULE 7 DISCLOSURE STATEMENT filed by SkyHawke Technologies, LLC. (Albright, Alan) (Entered: 10/19/2011)

MOTION to Appear Pro Hac Vice by Alan D Albright for Thomas Fisher ( Filing fee $ 25 receipt number 0542-4031590) by on behalf of SkyHawke Technologies, LLC. (Albright, Alan) (Entered: 10/19/2011)

MOTION to Appear Pro Hac Vice by Alan D Albright for Alexander Englehart ( Filing fee $ 25 receipt number 0542-4031647) by on behalf of SkyHawke Technologies, LLC. (Albright, Alan) (Entered: 10/19/2011)

MOTION to Appear Pro Hac Vice by Alan D Albright for Jordan Weinstein ( Filing fee $ 25 receipt number 0542-4031656) by on behalf of SkyHawke Technologies, LLC. (Albright, Alan) (Entered: 10/19/2011)

ANSWER to 28 Answer to Amended Complaint, Counterclaim Plaintiff GPS Industries LLC's Answer to Defendant SkyHawke Technologies LLC's Counterclaims by GPS Industries LLC.(Prebeg, Matthew) (Entered: 10/21/2011)

*** Document stricken pursuant to 38 Order ***ANSWER to 9 Amended Complaint, with Jury Demand, COUNTERCLAIM against All Plaintiffs by Expresso Satellite Navigation, Inc..(Willi, James) Modified on 6/26/2012 (kkc, ). (Entered: 10/24/2011)

RULE 7 DISCLOSURE STATEMENT filed by Expresso Satellite Navigation, Inc.. (Willi, James) (Entered: 10/24/2011)

DEFICIENCY NOTICE: re 38 Answer to Amended Complaint, Counterclaim. (dm, ) (Entered: 10/24/2011)

DEFICIENCY NOTICE: re 39 Disclosure Statement (Rule 7). (dm, ) (Entered: 10/24/2011)

CERTIFICATE OF SERVICE by Expresso Satellite Navigation, Inc. (Corrected) 39 Disclosure Statement (Rule 7), 38 Answer to Amended Complaint, Counterclaim (Willi, James) (Entered: 10/24/2011)

ORDER, ( Status Conference set for 11/10/2011 09:00 AM before Judge Lee Yeakel.). Signed by Judge Lee Yeakel. (dm, ) (Entered: 10/26/2011)

CERTIFICATE OF SERVICE by GPS Industries LLC Regarding Service of Summons to SkyShot USA Inc. (dm, ) (Entered: 10/26/2011)

Set Deadlines: SkyShot USA Inc. answer due 11/4/2011. (dm, )

ANSWER to 38 Answer to Amended Complaint, Counterclaim Plaintiff GPS Industries, LLCs Answer to Defendant Expresso Satellite Navigation, Inc.s Counterclaims by GPS Industries LLC.(Prebeg, Matthew) (Entered: 11/03/2011)

MOTION for Default Judgment Plaintiff's Motion for Default and Default Judgment Against Defendant SkyShot USA, Inc. against SkyShot USA Inc. by GPS Industries LLC. (Attachments: # 1 Proposed Order Order on Default, # 2 Proposed Order Order on Default Judgment)(Abbott, Stephen) (Entered: 11/08/2011)

MOTION for Entry of Default against Skyshot USA, Inc. by GPS Industries LLC. (Contained in #46) (dm, )

Clerk's ENTRY OF DEFAULT as to SkyShot USA Inc. (dm, ) (Entered: 11/09/2011)

ORDER GRANTING 46 Motion for Default Judgment. A hearing will be scheduled at a later date to determine damages. Signed by Judge Lee Yeakel. (dm, ) (Entered: 11/10/2011)

Proposed Scheduling Order by SkyHawke Technologies, LLC. and GPS Industries LLC (Albright, Alan) Modified on 11/15/2011 to add filer(dm, ). (Entered: 11/14/2011)

JOINT INITIAL SCHEDULING ORDER, ( Tutorial and Claims Construction Hearing set for 8/3/2012 09:00 AM before Judge Lee Yeakel.). Signed by Judge Lee Yeakel. (dm, ) (Entered: 11/17/2011)

NOTICE of Voluntary Dismissal by GPS Industries LLC Plaintiff's Notice of Dismissal With Prejudice (Callaway Golf Company) (Abbott, Stephen) (Entered: 12/05/2011)

ORDER re 52 Notice of Voluntary Dismissal filed by GPS Industries LLC, Callaway Golf Company terminated. Signed by Judge Lee Yeakel. (td) (Entered: 12/07/2011)

MOTION to Withdraw as Attorney by Expresso Satellite Navigation, Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Willi, James) (Entered: 12/12/2011)

GPS Industries, LLC

SkyShot USA Inc.

Savant GPS LLC

GoPlanet Corporation

Expresso Satellite Navigation, Inc.

Bushnell Corporation

SkyHawke Technologies, LLC

Garmin International, Inc.

Callaway Golf Company

* Document stricken pursuant to 38 Order *ANSWER to 9 Amended Complaint, with Jury Demand, COUNTERCLAIM against All Plaintiffs by Expresso Satellite Navigation, Inc..(Willi, James) Modified on 6/26/2012 (kkc, ). (Entered: 10/24/2011)