Grand Overseas, Inc. v. Dollar General Corporation

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0540-3307501.), filed by Grand Overseas, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Form AO 120, # 3 Exhibit A, # 4 Exhibit B)(Roth, Brendan) (Entered: 11/04/2011)

2011-11-04

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E-GOV SEALED SUMMONS Issued as to Dollar General Corporation, (Attachments: # 1 Family Dollar Inc)(ch, ) (Entered: 11/04/2011)

2011-11-04

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Case assigned to Judge David Folsom. (ch, )

2011-11-04

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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (ch, )

2011-11-04

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NOTICE of Attorney Appearance by Amanda Aline Abraham on behalf of Grand Overseas, Inc. (Abraham, Amanda) (Entered: 11/08/2011)

2011-11-08

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NOTICE of Attorney Appearance by Carl R Roth on behalf of Grand Overseas, Inc. (Roth, Carl) (Entered: 11/08/2011)

2011-11-08

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CORPORATE DISCLOSURE STATEMENT filed by Grand Overseas, Inc. (Roth, Brendan) (Entered: 11/28/2011)

2011-11-28

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Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Dollar General Corporation, Family Dollar Inc.,(Bunt, Robert) (Entered: 11/29/2011)

2011-11-29

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E-GOV SEALED SUMMONS Returned Executed by Grand Overseas, Inc.. Family Dollar Inc served on 11/9/2011, answer due 11/30/2011. (ehs, ) (Entered: 11/30/2011)

2011-11-30

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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Dollar General Corporation and Family Dollar Inc to 12/30/2011. 30 Days Granted for Deadline Extension.( sm, )

2011-11-30

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Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Bunt, Robert) (Entered: 12/28/2011)

2011-12-28

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ORDER granting 8 Motion for Extension of Time to Answer. Dollar General Corporation and Family Dollar, Inc. to answer or otherwise respond to Plaintiffs Complaint is extended up to and including January 30, 2012. Signed by Judge David Folsom on 12/29/11. (ehs, ) (Entered: 12/29/2011)

2011-12-29

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Answer Due Deadline Updated for Dollar General Corporation to 1/30/2012; Family Dollar Inc to 1/30/2012. (ehs, )

2011-12-29

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APPLICATION to Appear Pro Hac Vice by Attorney Andrew S Langsam for Dollar General Corporation,Andrew S Langsam for Family Dollar Inc. (APPROVED, FEE PAID 6-6846) (ehs, ) (Entered: 01/23/2012)

2012-01-23

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Unopposed MOTION to Withdraw as Attorney by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Bunt, Robert) (Entered: 01/23/2012)

2012-01-23

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ORDER granting 11 Motion to Withdraw as Attorney. Attorney Robert Christopher Bunt terminated as counsel for Dollar General Corporation and Family Dollar Inc. Signed by Judge David Folsom on 1/24/2012. (ch, ) Modified on 1/24/2012 (ch, ). (Entered: 01/24/2012)

2012-01-24

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Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Dollar General Corporation, Family Dollar Inc.( Langsam, Andrew) (Entered: 01/30/2012)

2012-01-30

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Defendant's Unopposed Third Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Family Dollar Inc to 2/9/2012; Dollar General Corporation to 2/9/2012. 10 Days Granted for Deadline Extension.( sm, )

2012-01-30

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ANSWER to 1 Complaint by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Exhibit RULE 7.1 CORPORATE DISCLOSURE STATEMENT, # 2 Affidavit CERTIFICATE OF SERVICE)(Langsam, Andrew) (Entered: 02/09/2012)

2012-02-09

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FILED IN ERROR, PLEASE IGNORE.ANSWER to 1 Complaint by Dollar General Corporation, Family Dollar Inc.(Langsam, Andrew) Modified on 2/10/2012 (sm, ). (Entered: 02/09/2012)

2012-02-09

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DEFICIENT DOCUMENT, PLEASE IGNORE.CORPORATE DISCLOSURE STATEMENT filed by Dollar General Corporation, Family Dollar Inc identifying Corporate Parent FAMILY DOLLAR STORES, INC. for Family Dollar Inc; Other Affiliate BUCK HOLDINGS L.P. for Dollar General Corporation. (Langsam, Andrew) Modified on 2/10/2012 (sm, ). (Entered: 02/09/2012)

2012-02-09

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CORPORATE DISCLOSURE STATEMENT filed by Dollar General Corporation, Family Dollar Inc identifying Corporate Parent FAMILY DOLLAR STORES, INC. for Family Dollar Inc; Other Affiliate Buck Holdings, L.P. for Dollar General Corporation. (Attachments: # 1 Affidavit Certificate of Service)(Langsam, Andrew) (Entered: 02/10/2012)

2012-02-10

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NOTICE of DEFICIENCY regarding the #16 Corporate Disclosure submitted by Dollar General Corporation. No certificate of service was included. Correction should be made by 1 business day and refiled. (sm, )

2012-02-10

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FILED IN ERROR, PER ATTY, ANSWER ALREADY FILED (SEE #14). Document # 15, Answer. PLEASE IGNORE. (sm, )

2012-02-10

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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (bas, )

2012-02-13

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MISC 12-1 ORDER REASSIGNING CASE. Case reassigned to Judge Rodney Gilstrap for all further proceedings. Judge David Folsom no longer assigned to case. Signed by Judge Leonard Davis on March 16, 2012. (rml, ) (rml, ). (Entered: 03/20/2012)

2012-03-16

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ORDER - this case is set for Status Conference for 4/20/2012 10:45 AM before Judge Rodney Gilstrap and Honorable Roy Payne. The parties shall submit their proposed docket control and discovery orders to the court on 5/4/2012. Signed by Judge Rodney Gilstrap on 4/2/2012. (ch, ) (Entered: 04/02/2012)

2012-04-02

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NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Dollar General Corporation (Maloney, Collin) (Entered: 04/16/2012)

2012-04-16

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NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Family Dollar Inc (Maloney, Collin) (Entered: 04/19/2012)

2012-04-19

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Minute Entry for proceedings held before Judge Rodney Gilstrap and Judge Roy Payne.: Status Conference held on 4/20/12. Counsel for the parties appeared and were asked if they consented to a trial before Judge Payne. The parties were then given Markman and jury selection dates. The parties were directed to meet and confer regarding any changes to the Courts scheduling order and discovery order, and the parties are to submit the proposed orders within 14 days of today's date. Court adjourned. (Court Reporter Susan Simmons.) (bga, )

2012-04-20

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Minute Entry for proceedings held before Judge Rodney Gilstrap and Judge Roy Payne: Status Conference held on 4/20/12. Counsel for the parties appeared and were asked if they consented to a trial before Judge Payne. The parties were then given Markman and jury selection dates. The parties were directed to meet and confer regarding any changes to the Courts scheduling order and discovery order, and the parties are to submit the proposed orders within 14 days of today's date. Court adjourned. (Court Reporter Susan Simmons, CSR.) (jml)

2012-04-20

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Agreed MOTION for Extension of Time to File Proposed Docket Control and Discovery Orders by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 05/04/2012)

2012-05-04

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Amended MOTION for Extension of Time to File Proposed Docket Control and Discovery Orders by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 05/07/2012)

2012-05-07

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ORDER granting granting 23 Motion for Extension of Time to File Proposed Docket Control and Discovery Orders. Deadline for filing the proposed docket control and discovery orders is extended to May 18, 2012. Signed by Judge Rodney Gilstrap on 5/10/12. (ehs, ) (Entered: 05/10/2012)

2012-05-10

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Submission of Proposed Agreed Docket Control/Scheduling order by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order Docket Control Order)(Maloney, Collin) (Entered: 05/18/2012)

2012-05-18

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Submission of Proposed Agreed Discovery order by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order Proposed Discovery Order)(Maloney, Collin) (Entered: 05/18/2012)

2012-05-18

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Submission of Proposed Agreed Protective order by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Maloney, Collin) (Entered: 05/18/2012)

2012-05-18

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NOTICE by Grand Overseas, Inc. Notice of Agreed Mediator (Roth, Brendan) (Entered: 05/18/2012)

2012-05-18

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APPLICATION (APPROVED) to Appear Pro Hac Vice by Attorney Ryan Osterweil for Dollar General Corporation and Family Dollar Inc. (pkb, ) (Entered: 05/23/2012)

2012-05-22

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NOTICE of Discovery Disclosure by Grand Overseas, Inc. in Compliance with P.R. 3-1 and 3-2 (Roth, Brendan) (Entered: 05/29/2012)

2012-05-29

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NOTICE by Dollar General Corporation, Family Dollar Inc of Initial Disclosures (Maloney, Collin) (Entered: 06/04/2012)

2012-06-04

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NOTICE of Discovery Disclosure by Grand Overseas, Inc. Notice of Initial Disclosures (Roth, Brendan) (Entered: 06/06/2012)

2012-06-06

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PROTECTIVE ORDER. Signed by Judge Rodney Gilstrap on 6/29/2012. (ch, ) (Entered: 07/02/2012)

2012-07-02

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DISCOVERY ORDER. Signed by Judge Rodney Gilstrap on 6/29/2012. (ch, ) (Entered: 07/02/2012)

2012-07-02

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DOCKET CONTROL ORDER - Amended Pleadings due by 12/13/2012., Discovery due by 4/30/2013., Joinder of Parties due by 5/25/2012., Claim Construction Hearing set for 2/28/2013 09:00 AM before Judge Rodney Gilstrap., Motions in limine due by 7/30/2013., Proposed Pretrial Order due by 8/13/2013., Jury Selection set for 9/3/2013 09:00AM before Judge Rodney Gilstrap., Pretrial Conference set for 8/20/2013 09:00 AM before Judge Rodney Gilstrap. Mediation deadline is 3/28/2013. All other deadlines are set forth herein. Signed by Judge Rodney Gilstrap on 6/29/2012. (ch, ) (Entered: 07/02/2012)

2012-07-02

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NOTICE of Discovery Disclosure by Grand Overseas, Inc. Paragraph 3 of Discovery Order (Abraham, Amanda) (Entered: 07/02/2012)

2012-07-02

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NOTICE of Discovery Disclosure by Dollar General Corporation, Family Dollar Inc (Maloney, Collin) (Entered: 07/03/2012)

2012-07-03

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NOTICE by Dollar General Corporation, Family Dollar Inc Of Compliance Under Patent Rules 3.3 and 3.4 (Maloney, Collin) (Entered: 07/09/2012)

2012-07-09

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NOTICE of Discovery Disclosure by Grand Overseas, Inc. Additional Disclosures (Roth, Carl) (Entered: 07/16/2012)

2012-07-16

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NOTICE of Discovery Disclosure by Dollar General Corporation, Family Dollar Inc Re Computation of Damages (Maloney, Collin) (Entered: 07/16/2012)

2012-07-16

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NOTICE by Dollar General Corporation, Family Dollar Inc Of Defendants' Privilege Log (Maloney, Collin) (Entered: 08/01/2012)

2012-08-01

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Joint MOTION to Amend/Correct 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Roth, Carl) (Entered: 11/05/2012)

2012-11-05

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ORDER granting 42 Motion to Amend Docket Control Order. Signed by Judge Rodney Gilstrap on 11/8/2012. (ch, ) (Entered: 11/08/2012)

2012-11-08

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Joint MOTION to Amend/Correct 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Roth, Carl) (Entered: 01/17/2013)

2013-01-17

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ORDER granting 44 Motion to Amend docket control order. Deadline to Substantially Complete Document Production and Exchange Privilege Logs is extended to February 18, 2013. All other deadlines shall remain unchanged. Signed by Judge Rodney Gilstrap on 1/22/13. (ehs, ) (Entered: 01/22/2013)

2013-01-22

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Letter Brief filed by Dollar General Corporation, Family Dollar Inc (Attachments: # 1 Exhibit 1 Letter Brief)(Maloney, Collin) (Entered: 04/16/2013)

2013-04-16

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Letter Brief filed by Grand Overseas, Inc. (Attachments: # 1 Exhibit Reply to Letter Brief)(Roth, Carl) (Entered: 05/01/2013)

2013-05-01

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Letter Brief filed by Dollar General Corporation, Family Dollar Inc (Attachments: # 1 Exhibit 1 - Reply Brief)(Maloney, Collin) (Entered: 05/06/2013)

2013-05-06

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ORDER - Defendants request to file a motion for summary judgment based on failure to mark (Dkt. No. 46) GRANTED. Signed by Judge Rodney Gilstrap on 6/21/13. (ehs, ) (Entered: 06/24/2013)

2013-06-24

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NOTICE of Discovery Disclosure by Grand Overseas, Inc. Notice of Pretrial Disclosures (Roth, Brendan) (Entered: 07/09/2013)

2013-07-09

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NOTICE OF CHANGE OF OFFICIAL COURT REPORTER AND INSTRUCTIONS REGARDING DAILY TRANSCRIPTS: Effective August 1, 2013, Shelly Holmes will become the Official Court Reporter for this Court due to the retirement of Susan Simmons as Official Court Reporter. To the extent the current Docket Control Order in this case directs contact with Ms. Simmons to arrange for daily transcripts, you should (on and after August 1, 2013) contact Shelly Holmes at: Shelly_ Holmes@txed.uscourts.gov in lieu of contacting Ms. Simmons, in this regard. (jml)

2013-07-23

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NOTICE by Dollar General Corporation, Family Dollar Inc of Pretrial Disclosures (Maloney, Collin) (Entered: 07/24/2013)

2013-07-24

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MOTION for Summary Judgment by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Exhibit A.Defs' Answer, # 2 Exhibit B.US Pat 583, # 3 Exhibit C.US Pat 034, # 4 Exhibit D.Pltf's Discovery Responses, # 5 Exhibit E.Pltf's Respones to 2nd RFA's, # 6 Exhibit F.Def DG Discovery Responses, # 7 Exhibit G.Def FD Discovery Responses, # 8 Exhibit H.1-13-11 Pltf ltr to Def DG, # 9 Exhibit I.1-6-11 Pltf ltr to Def FD, # 10 Exhibit J.4-7-11 Pltf ltr to Langsam, # 11 Exhibit K.Stalilon Affidavit, # 12 Exhibit L.Pratt Affidavit, # 13 Exhibit M.Mizrahi Affidavit, # 14 Exhibit N.5-5-09 Ltr Re 583 Patent, # 15 Exhibit O.5-5-0 Ltr Re 034 Patent, # 16 Text of Proposed Order)(Maloney, Collin) (Entered: 07/25/2013)

2013-07-25

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Opposed MOTION To Amend Docket Control Order re 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 07/31/2013)

2013-07-31

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NOTICE by Grand Overseas, Inc. Notice of Request for Daily Transcripts and Real Time Reporting (Roth, Brendan) (Entered: 08/06/2013)

2013-08-06

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NOTICE of Hearing: Jury Selection RESET for 9/9/2013 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. (jml)

2013-08-09

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RESPONSE in Opposition re 52 MOTION for Summary Judgment filed by Grand Overseas, Inc.. (Attachments: # 1 Affidavit Declaration of Brendan C. Roth, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Roth, Carl) (Entered: 08/12/2013)

2013-08-12

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ORDER denying 53 Motion Amend the Docket Control Order. The Court will hear oral argument on Defendants' Motion for Summary Judgment (Dkt. No. 52) during the pretrial conference currently scheduled on August 20, 2013 at 9:00 a.m.. Signed by Judge Rodney Gilstrap on 8/12/13. (ehs, ) (Entered: 08/13/2013)

2013-08-13

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NOTICE by Grand Overseas, Inc. Regarding Motions in Limine (Roth, Carl) (Entered: 08/15/2013)

2013-08-15

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Joint MOTION to Amend/Correct Docket Control Order by Dollar General Corporation, Family Dollar Inc, Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order)(Roth, Brendan) (Entered: 08/15/2013)

2013-08-15

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REPLY to Response to Motion re 52 MOTION for Summary Judgment filed by Dollar General Corporation, Family Dollar Inc. (Maloney, Collin) (Entered: 08/16/2013)

2013-08-16

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Proposed Pretrial Order by Dollar General Corporation, Family Dollar Inc, Grand Overseas, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Roth, Carl) (Entered: 08/16/2013)

2013-08-16

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STRICKEN PER ORDER # 74 Proposed Jury Instructions by Grand Overseas, Inc.. (Roth, Carl) Modified on 8/26/2013 (ehs, ). (Entered: 08/16/2013)

2013-08-16

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DEFICIENT DOCUMENT, PLEASE IGNORENOTICE by Grand Overseas, Inc. of filing of Plaintiff's Proposed Verdict Form (Roth, Carl) Modified on 8/19/2013 (sm, ). (Entered: 08/16/2013)

2013-08-16

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SUR-REPLY to Reply to Response to Motion re 52 MOTION for Summary Judgment filed by Grand Overseas, Inc.. (Roth, Carl) (Entered: 08/19/2013)

2013-08-19

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STRICKEN PER ORDER # 74 NOTICE by Grand Overseas, Inc. Notice of Proposed Verdict Form (Attachments: # 1 Exhibit Proposed Verdict Form)(Roth, Carl) Modified on 8/26/2013 (ehs, ). (Entered: 08/19/2013)

2013-08-19

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DEFICIENT DOCUMENT, PLEASE IGNOREOpposed MOTION Exclude Evidence Pursuant to Rule 37 by Grand Overseas, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Roth, Carl) Modified on 8/19/2013 (sm, ). (Entered: 08/19/2013)

2013-08-19

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Opposed MOTION To Exclude Evidence Pursuant to Rule 37 by Grand Overseas, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Roth, Carl) (Entered: 08/19/2013)

2013-08-19

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ORDER REGARDING EXHIBITS. Signed by Judge Rodney Gilstrap on 8/19/13. (ehs, ) (Entered: 08/19/2013)

2013-08-19

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NOTICE of DEFICIENCY regarding the #62 Notice submitted by Grand Overseas, Inc.. Not in proper pleading format. Correction should be made by 1 business day and refiled. (sm, )

2013-08-19

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NOTICE of DEFICIENCY regarding the #65 Motion to Exclude submitted by Grand Overseas, Inc.. Exhibits were not properly identified per local rules and no proposed order was attached. Correction should be made by 1 business day and refiled. Motion now TERMINATED. (sm, )

2013-08-19

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Minute Entry for proceedings held before Judge Rodney Gilstrap: Initial Pretrial Conference held on 8/20/2013. (Court Reporter Shelly Holmes, CSR.) (jml) (Entered: 08/23/2013)

2013-08-20

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INITIAL PRETRIAL ORDER, Motions terminated: 58 Joint MOTION to Amend/Correct Docket Control Order filed by Grand Overseas, Inc., Family Dollar Inc, Dollar General Corporation.. Signed by Judge Rodney Gilstrap on 8/20/13. (ehs, ) (Entered: 08/21/2013)

2013-08-21

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Unopposed MOTION for Leave to File Defendants' Proposed Jury Instructions and Form of the Verdict (out of time) by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 08/21/2013)

2013-08-21

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STRICKEN PER ORDER # 74 Proposed Jury Instructions by Dollar General Corporation, Family Dollar Inc. (Maloney, Collin) Modified on 8/26/2013 (ehs, ). (Entered: 08/21/2013)

2013-08-21

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STRICKEN PER ORDER # 74 NOTICE by Dollar General Corporation, Family Dollar Inc of Filing of Proposed Form of the Verdict (Attachments: # 1 Exhibit A-Proposed Verdict Form)(Maloney, Collin) Modified on 8/26/2013 (ehs, ). (Entered: 08/21/2013)

2013-08-21

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ORDER denying 52 Motion for Summary Judgment. Signed by Judge Rodney Gilstrap on 8/21/13. (ehs, ) (Entered: 08/22/2013)

2013-08-22

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ORDER finding as moot 69 Motion for Leave to File. The parties differing proposed jury instructions and proposed verdict forms (Dkt. Nos. 61, 64, 70, and 71) are hereby STRICKEN.. Signed by Judge Rodney Gilstrap on 8/25/13. (ehs, ) (Entered: 08/26/2013)

2013-08-26

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Proposed Jury Instructions by Grand Overseas, Inc.. (Attachments: # 1 Exhibit A)(Roth, Carl) (Entered: 08/28/2013)

2013-08-28

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NOTICE of Hearings: Jury Selection RESET for 9/9/2013 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. Pretrial Conference RESET for 9/9/2013 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. (jml)

2013-08-28

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REPORT of Mediation by David Folsom. Mediation result: settled(Folsom, David) (Entered: 09/04/2013)

2013-09-04

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Joint MOTION to Stay Deadlines by Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order)(Roth, Carl) (Entered: 09/06/2013)

2013-09-06

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ORDER granting 77 Joint Motion to Stay. Signed by Judge Rodney Gilstrap on 9/9/13. (mrm, ) (Entered: 09/09/2013)

2013-09-09

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Joint MOTION to Dismiss with Prejudice by Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order)(Roth, Carl) (Entered: 10/03/2013)

2013-10-03

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ORDER OF DISMISSAL WITH PREJUDICE granting 79 Motion to Dismiss with Prejudice. Signed by Judge Rodney Gilstrap on 10/4/13. (mrm, ) (Entered: 10/07/2013)

2013-10-07

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Overview

Parties

Defendant

Family Dollar Inc Follow

Represented By

Dollar General Corporation Follow

Represented By

Plaintiff

Grand Overseas, Inc. Follow

Represented By

Mediator

David Folsom Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0540-3307501.), filed by Grand Overseas, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Form AO 120, # 3 Exhibit A, # 4 Exhibit B)(Roth, Brendan) (Entered: 11/04/2011)

E-GOV SEALED SUMMONS Issued as to Dollar General Corporation, (Attachments: # 1 Family Dollar Inc)(ch, ) (Entered: 11/04/2011)

Case assigned to Judge David Folsom. (ch, )

NOTICE of Attorney Appearance by Amanda Aline Abraham on behalf of Grand Overseas, Inc. (Abraham, Amanda) (Entered: 11/08/2011)

NOTICE of Attorney Appearance by Carl R Roth on behalf of Grand Overseas, Inc. (Roth, Carl) (Entered: 11/08/2011)

CORPORATE DISCLOSURE STATEMENT filed by Grand Overseas, Inc. (Roth, Brendan) (Entered: 11/28/2011)

Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Dollar General Corporation, Family Dollar Inc.,(Bunt, Robert) (Entered: 11/29/2011)

E-GOV SEALED SUMMONS Returned Executed by Grand Overseas, Inc.. Family Dollar Inc served on 11/9/2011, answer due 11/30/2011. (ehs, ) (Entered: 11/30/2011)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Dollar General Corporation and Family Dollar Inc to 12/30/2011. 30 Days Granted for Deadline Extension.( sm, )

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Bunt, Robert) (Entered: 12/28/2011)

ORDER granting 8 Motion for Extension of Time to Answer. Dollar General Corporation and Family Dollar, Inc. to answer or otherwise respond to Plaintiffs Complaint is extended up to and including January 30, 2012. Signed by Judge David Folsom on 12/29/11. (ehs, ) (Entered: 12/29/2011)

Answer Due Deadline Updated for Dollar General Corporation to 1/30/2012; Family Dollar Inc to 1/30/2012. (ehs, )

APPLICATION to Appear Pro Hac Vice by Attorney Andrew S Langsam for Dollar General Corporation,Andrew S Langsam for Family Dollar Inc. (APPROVED, FEE PAID 6-6846) (ehs, ) (Entered: 01/23/2012)

Unopposed MOTION to Withdraw as Attorney by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Bunt, Robert) (Entered: 01/23/2012)

ORDER granting 11 Motion to Withdraw as Attorney. Attorney Robert Christopher Bunt terminated as counsel for Dollar General Corporation and Family Dollar Inc. Signed by Judge David Folsom on 1/24/2012. (ch, ) Modified on 1/24/2012 (ch, ). (Entered: 01/24/2012)

Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Dollar General Corporation, Family Dollar Inc.( Langsam, Andrew) (Entered: 01/30/2012)

Defendant's Unopposed Third Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Family Dollar Inc to 2/9/2012; Dollar General Corporation to 2/9/2012. 10 Days Granted for Deadline Extension.( sm, )

ANSWER to 1 Complaint by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Exhibit RULE 7.1 CORPORATE DISCLOSURE STATEMENT, # 2 Affidavit CERTIFICATE OF SERVICE)(Langsam, Andrew) (Entered: 02/09/2012)

***FILED IN ERROR, PLEASE IGNORE.***ANSWER to 1 Complaint by Dollar General Corporation, Family Dollar Inc.(Langsam, Andrew) Modified on 2/10/2012 (sm, ). (Entered: 02/09/2012)

NOTICE of DEFICIENCY regarding the #16 Corporate Disclosure submitted by Dollar General Corporation. No certificate of service was included. Correction should be made by 1 business day and refiled. (sm, )

***FILED IN ERROR, PER ATTY, ANSWER ALREADY FILED (SEE #14). Document # 15, Answer. PLEASE IGNORE.*** (sm, )

MISC 12-1 ORDER REASSIGNING CASE. Case reassigned to Judge Rodney Gilstrap for all further proceedings. Judge David Folsom no longer assigned to case. Signed by Judge Leonard Davis on March 16, 2012. (rml, ) (rml, ). (Entered: 03/20/2012)

ORDER - this case is set for Status Conference for 4/20/2012 10:45 AM before Judge Rodney Gilstrap and Honorable Roy Payne. The parties shall submit their proposed docket control and discovery orders to the court on 5/4/2012. Signed by Judge Rodney Gilstrap on 4/2/2012. (ch, ) (Entered: 04/02/2012)

NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Dollar General Corporation (Maloney, Collin) (Entered: 04/16/2012)

NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Family Dollar Inc (Maloney, Collin) (Entered: 04/19/2012)

Agreed MOTION for Extension of Time to File Proposed Docket Control and Discovery Orders by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 05/04/2012)

Amended MOTION for Extension of Time to File Proposed Docket Control and Discovery Orders by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 05/07/2012)

ORDER granting granting 23 Motion for Extension of Time to File Proposed Docket Control and Discovery Orders. Deadline for filing the proposed docket control and discovery orders is extended to May 18, 2012. Signed by Judge Rodney Gilstrap on 5/10/12. (ehs, ) (Entered: 05/10/2012)

Submission of Proposed Agreed Docket Control/Scheduling order by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order Docket Control Order)(Maloney, Collin) (Entered: 05/18/2012)

Submission of Proposed Agreed Discovery order by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order Proposed Discovery Order)(Maloney, Collin) (Entered: 05/18/2012)

Submission of Proposed Agreed Protective order by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Maloney, Collin) (Entered: 05/18/2012)

NOTICE by Grand Overseas, Inc. Notice of Agreed Mediator (Roth, Brendan) (Entered: 05/18/2012)

APPLICATION (APPROVED) to Appear Pro Hac Vice by Attorney Ryan Osterweil for Dollar General Corporation and Family Dollar Inc. (pkb, ) (Entered: 05/23/2012)

NOTICE of Discovery Disclosure by Grand Overseas, Inc. in Compliance with P.R. 3-1 and 3-2 (Roth, Brendan) (Entered: 05/29/2012)

NOTICE by Dollar General Corporation, Family Dollar Inc of Initial Disclosures (Maloney, Collin) (Entered: 06/04/2012)

NOTICE of Discovery Disclosure by Grand Overseas, Inc. Notice of Initial Disclosures (Roth, Brendan) (Entered: 06/06/2012)

PROTECTIVE ORDER. Signed by Judge Rodney Gilstrap on 6/29/2012. (ch, ) (Entered: 07/02/2012)

DISCOVERY ORDER. Signed by Judge Rodney Gilstrap on 6/29/2012. (ch, ) (Entered: 07/02/2012)

NOTICE of Discovery Disclosure by Grand Overseas, Inc. Paragraph 3 of Discovery Order (Abraham, Amanda) (Entered: 07/02/2012)

NOTICE of Discovery Disclosure by Dollar General Corporation, Family Dollar Inc (Maloney, Collin) (Entered: 07/03/2012)

NOTICE by Dollar General Corporation, Family Dollar Inc Of Compliance Under Patent Rules 3.3 and 3.4 (Maloney, Collin) (Entered: 07/09/2012)

NOTICE of Discovery Disclosure by Grand Overseas, Inc. Additional Disclosures (Roth, Carl) (Entered: 07/16/2012)

NOTICE of Discovery Disclosure by Dollar General Corporation, Family Dollar Inc Re Computation of Damages (Maloney, Collin) (Entered: 07/16/2012)

NOTICE by Dollar General Corporation, Family Dollar Inc Of Defendants' Privilege Log (Maloney, Collin) (Entered: 08/01/2012)

Joint MOTION to Amend/Correct 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Roth, Carl) (Entered: 11/05/2012)

ORDER granting 42 Motion to Amend Docket Control Order. Signed by Judge Rodney Gilstrap on 11/8/2012. (ch, ) (Entered: 11/08/2012)

Joint MOTION to Amend/Correct 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Roth, Carl) (Entered: 01/17/2013)

ORDER granting 44 Motion to Amend docket control order. Deadline to Substantially Complete Document Production and Exchange Privilege Logs is extended to February 18, 2013. All other deadlines shall remain unchanged. Signed by Judge Rodney Gilstrap on 1/22/13. (ehs, ) (Entered: 01/22/2013)

Letter Brief filed by Dollar General Corporation, Family Dollar Inc (Attachments: # 1 Exhibit 1 Letter Brief)(Maloney, Collin) (Entered: 04/16/2013)

Letter Brief filed by Grand Overseas, Inc. (Attachments: # 1 Exhibit Reply to Letter Brief)(Roth, Carl) (Entered: 05/01/2013)

Letter Brief filed by Dollar General Corporation, Family Dollar Inc (Attachments: # 1 Exhibit 1 - Reply Brief)(Maloney, Collin) (Entered: 05/06/2013)

ORDER - Defendants request to file a motion for summary judgment based on failure to mark (Dkt. No. 46) GRANTED. Signed by Judge Rodney Gilstrap on 6/21/13. (ehs, ) (Entered: 06/24/2013)

NOTICE of Discovery Disclosure by Grand Overseas, Inc. Notice of Pretrial Disclosures (Roth, Brendan) (Entered: 07/09/2013)

NOTICE by Dollar General Corporation, Family Dollar Inc of Pretrial Disclosures (Maloney, Collin) (Entered: 07/24/2013)

Opposed MOTION To Amend Docket Control Order re 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Dollar General Corporation, Family Dollar Inc. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 07/31/2013)

NOTICE by Grand Overseas, Inc. Notice of Request for Daily Transcripts and Real Time Reporting (Roth, Brendan) (Entered: 08/06/2013)

NOTICE of Hearing: Jury Selection RESET for 9/9/2013 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. (jml)

RESPONSE in Opposition re 52 MOTION for Summary Judgment filed by Grand Overseas, Inc.. (Attachments: # 1 Affidavit Declaration of Brendan C. Roth, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Roth, Carl) (Entered: 08/12/2013)

NOTICE by Grand Overseas, Inc. Regarding Motions in Limine (Roth, Carl) (Entered: 08/15/2013)

Joint MOTION to Amend/Correct Docket Control Order by Dollar General Corporation, Family Dollar Inc, Grand Overseas, Inc.. (Attachments: # 1 Text of Proposed Order)(Roth, Brendan) (Entered: 08/15/2013)

REPLY to Response to Motion re 52 MOTION for Summary Judgment filed by Dollar General Corporation, Family Dollar Inc. (Maloney, Collin) (Entered: 08/16/2013)

Proposed Pretrial Order by Dollar General Corporation, Family Dollar Inc, Grand Overseas, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Roth, Carl) (Entered: 08/16/2013)

***STRICKEN PER ORDER # 74 ***Proposed Jury Instructions by Grand Overseas, Inc.. (Roth, Carl) Modified on 8/26/2013 (ehs, ). (Entered: 08/16/2013)

Family Dollar Inc

Dollar General Corporation