Implicit, LLC v. The Home Depot, Inc.

Application Number	Patent Number	External Links
-	US8856185	Espacenet Google Patents

COMPLAINT with Jury Demand filed by Implicit, LLC. (Filing fee $402, receipt number AGANDC-11879054) (Attachments: # 1 Exhibit A - US Patent No 8,856,185, # 2 Exhibit B - Claim Chart, # 3 Civil Cover Sheet)(nmb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/23/2022)

2022-06-21

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Electronic Summons Issued as to Home Depot Product Authority, LLC. (nmb) (Entered: 06/23/2022)

2022-06-21

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Electronic Summons Issued as to Home Depot Solutions, LLC. (nmb) (Entered: 06/23/2022)

2022-06-21

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Electronic Summons Issued as to Home Depot Store Support, Inc.. (nmb) (Entered: 06/23/2022)

2022-06-21

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Electronic Summons Issued as to Home Depot U.S.A., Inc.. (nmb) (Entered: 06/23/2022)

2022-06-21

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Electronic Summons Issued as to The Home Depot, Inc.. (nmb) (Entered: 06/23/2022)

2022-06-21

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Corporate Disclosure Statement by Implicit, LLC. (nmb) (Entered: 06/23/2022)

2022-06-21

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AO Form 120 forwarded to Commissioner. (nmb) (Additional attachment(s) added on 6/23/2022: # 1 Corrected AO 120) (nmb). (Entered: 06/23/2022)

2022-06-23

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APPLICATION for Admission of James Lennon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11888140).by Implicit, LLC. (Kent, Daniel) Documents for this entry are not available for viewing outside the courthouse. (Entered: 06/24/2022)

2022-06-24

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ORDER Granting 9 Application for Admission Pro Hac Vice of James Lennon. Signed by Judge Victoria M. Calvert on June 30, 2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(lwb) (Entered: 06/30/2022)

2022-06-30

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APPROVAL by Clerks Office re: 9 APPLICATION for Admission of James Lennon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11888140). Attorney James M. Lennon added appearing on behalf of Implicit, LLC (cdg)

2022-06-30

1

No Actions

STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE VICTORIA M. CALVERT. Signed by Judge Victoria M. Calvert on 7/7/2022. (kxm) (Entered: 07/07/2022)

2022-07-07

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Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Timothy Devlin. Clerk to follow-up by 7/22/2022. (cdg) (Entered: 07/12/2022)

2022-07-12

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Certification of Consent to Substitution of Counsel. Daniel Arthur Kent replacing attorney Timothy Devlin. (Kent, Daniel) (Entered: 07/21/2022)

2022-07-21

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Return of Service Executed by Implicit, LLC. Home Depot Solutions, LLC served on 7/21/2022, answer due 8/11/2022; Home Depot Store Support, Inc. served on 7/21/2022, answer due 8/11/2022; Home Depot U.S.A., Inc. served on 7/21/2022, answer due 8/11/2022; The Home Depot, Inc. served on 7/21/2022, answer due 8/11/2022. (Attachments: # 1 Executed Summons, # 2 Executed Summons, # 3 Executed Summons)(Lennon, James) (Entered: 07/21/2022)

2022-07-21

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Return of Service Executed by Implicit, LLC. Home Depot Product Authority, LLC served on 7/22/2022, answer due 8/12/2022. (Lennon, James) (Entered: 07/25/2022)

2022-07-25

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Consent MOTION for Extension of Time to File Answer re 1 Complaint, for Defendant, filed by Implicit, LLC. (Attachments: # 1 Text of Proposed Order)(Kent, Daniel) (Entered: 08/09/2022)

2022-08-09

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ORDER Granting 16 Consent MOTION for Extension of Time to File Answer to 1 Complaint. Defendants must answer, move, or otherwise plead in response to Plaintiff's complaint by September 12, 2022. Signed by Judge Victoria M. Calvert on August 9, 2022. (lwb) (Entered: 08/09/2022)

2022-08-09

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Second MOTION for Extension of Time to File Answer re 1 Complaint, for Defendants, filed by Implicit, LLC. (Attachments: # 1 Text of Proposed Order)(Kent, Daniel) (Entered: 09/06/2022)

2022-09-06

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ORDER Granting 18 Motion for Extension of Time to Answer. Deadline for Defendants to answer is September 27, 2022. Signed by Judge Victoria M. Calvert on September 6, 2022. (lwb) (Entered: 09/07/2022)

2022-09-06

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First AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.with Jury Demand filed by Implicit, LLC. (Attachments: # 1 Exhibit A - US Pat No 8,856,185, # 2 Exhibit B - Claim Chart)(Kent, Daniel) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/16/2022)

2022-09-16

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Attachments: # 1 Brief Memorandum of Law in Support, # 2 Text of Proposed Order)(Campbell, Christopher) (Entered: 09/30/2022)

2022-09-30

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Corporate Disclosure Statement identifying Corporate Parent The Home Depot, Inc. for Home Depot Product Authority, LLC, Home Depot U.S.A., Inc. by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc..(Campbell, Christopher) (Entered: 09/30/2022)

2022-09-30

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APPLICATION for Admission of Nicholas George Papastavros Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12113862).by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Campbell, Christopher) Documents for this entry are not available for viewing outside the courthouse. (Entered: 10/05/2022)

2022-10-05

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APPLICATION for Admission of Jeff Castellano Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12113886).by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Campbell, Christopher) Documents for this entry are not available for viewing outside the courthouse. (Entered: 10/05/2022)

2022-10-05

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Consent MOTION for Extension of Time to File Response and Reply Briefs re: 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Implicit, LLC. (Attachments: # 1 Text of Proposed Order)(Kent, Daniel) (Entered: 10/07/2022)

2022-10-07

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ORDER granting 23 Application for Admission of Nicholas George Papastavros Pro Hac Vice. Signed by Judge Victoria M. Calvert on 10/11/22. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ceo) (Entered: 10/11/2022)

2022-10-11

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ORDER granting 24 Application for Admission of Jeff Castellano Pro Hac Vice. Signed by Judge Victoria M. Calvert on 10/11/22. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ceo) (Entered: 10/11/2022)

2022-10-11

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ORDER granting 25 Consent MOTION for Extension of Time to File Response and Reply Briefs. It is ORDERED that the deadline by which Plaintiff must file its response to Defendants' Motion to Dismiss is hereby extended to October 28, 2022 and that the deadline by which Defendants must file their reply is hereby extended through and including November 23, 2022. Signed by Judge Victoria M. Calvert on 10/11/22. (ceo) (Entered: 10/11/2022)

2022-10-11

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Clerk's Certificate of Mailing as to Attorney Jeff Castellano re 27 Order on Application for Admission PHV. (ceo)

2022-10-11

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No Actions

APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Jeff Castellano Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12113886). Attorney Jeff Castellano added appearing on behalf of Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.(pdt)

2022-10-11

1

No Actions

APPROVAL by Clerks Office re: 23 APPLICATION for Admission of Nicholas George Papastavros Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12113862). Attorney Nicholas George Papastavros added appearing on behalf of Home Depot Product Authority, LLC, Home Depot U.S.A., Inc. (pdt)

2022-10-11

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No Actions

RESPONSE in Opposition re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Implicit, LLC. (Kent, Daniel) (Entered: 10/28/2022)

2022-10-28

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REPLY BRIEF re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Papastavros, Nicholas) (Entered: 11/23/2022)

2022-11-23

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Submission of 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Victoria M. Calvert. (vs)

2022-12-07

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No Actions

OPINION and ORDER Granting 21 Motion to Dismiss for Failure to State a Claim. Signed by Judge Victoria M. Calvert on June 6, 2023. (lwb)

2023-06-06

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Download

CLERK'S JUDGMENT in favor of Defendants against Plaintiff. (lwb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 06/07/2023)

2023-06-07

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AO Form 120 forwarded to Commissioner. (lwb) (Entered: 06/07/2023)

2023-06-07

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Civil Case Terminated. (lwb)

2023-06-07

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No Actions

NOTICE OF APPEAL as to 31 Order on Motion to Dismiss for Failure to State a Claim, 32 Clerk's Judgment by Implicit, LLC. Filing fee $ 505, receipt number AGANDC-12686401. Transcript Order Form due on 7/5/2023 (Kent, Daniel) (Entered: 06/21/2023)

2023-06-21

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USCA Appeal Transmission Letter to USCA- Federal Circuit re: 34 Notice of Appeal filed by Implicit, LLC. (pjm) (Entered: 06/21/2023)

2023-06-21

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Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals- Federal Circuit re: 34 Notice of Appeal. (pjm) (Entered: 06/21/2023)

2023-06-21

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Overview

Parties

Defendant

Home Depot Product Authority, LLC Follow

Represented By

Home Depot Store Support, Inc. Follow

Represented By

Home Depot Solutions, LLC Follow

Represented By

Home Depot U.S.A., Inc. Follow

Represented By

The Home Depot, Inc. Follow

Represented By

Plaintiff

Implicit, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Electronic Summons Issued as to Home Depot Product Authority, LLC. (nmb) (Entered: 06/23/2022)

Electronic Summons Issued as to Home Depot Solutions, LLC. (nmb) (Entered: 06/23/2022)

Electronic Summons Issued as to Home Depot Store Support, Inc.. (nmb) (Entered: 06/23/2022)

Electronic Summons Issued as to Home Depot U.S.A., Inc.. (nmb) (Entered: 06/23/2022)

Electronic Summons Issued as to The Home Depot, Inc.. (nmb) (Entered: 06/23/2022)

Corporate Disclosure Statement by Implicit, LLC. (nmb) (Entered: 06/23/2022)

AO Form 120 forwarded to Commissioner. (nmb) (Additional attachment(s) added on 6/23/2022: # 1 Corrected AO 120) (nmb). (Entered: 06/23/2022)

APPLICATION for Admission of James Lennon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11888140).by Implicit, LLC. (Kent, Daniel) Documents for this entry are not available for viewing outside the courthouse. (Entered: 06/24/2022)

APPROVAL by Clerks Office re: 9 APPLICATION for Admission of James Lennon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11888140). Attorney James M. Lennon added appearing on behalf of Implicit, LLC (cdg)

STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE VICTORIA M. CALVERT. Signed by Judge Victoria M. Calvert on 7/7/2022. (kxm) (Entered: 07/07/2022)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Timothy Devlin. Clerk to follow-up by 7/22/2022. (cdg) (Entered: 07/12/2022)

Certification of Consent to Substitution of Counsel. Daniel Arthur Kent replacing attorney Timothy Devlin. (Kent, Daniel) (Entered: 07/21/2022)

Return of Service Executed by Implicit, LLC. Home Depot Product Authority, LLC served on 7/22/2022, answer due 8/12/2022. (Lennon, James) (Entered: 07/25/2022)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, for Defendant, filed by Implicit, LLC. (Attachments: # 1 Text of Proposed Order)(Kent, Daniel) (Entered: 08/09/2022)

ORDER Granting 16 Consent MOTION for Extension of Time to File Answer to 1 Complaint. Defendants must answer, move, or otherwise plead in response to Plaintiff's complaint by September 12, 2022. Signed by Judge Victoria M. Calvert on August 9, 2022. (lwb) (Entered: 08/09/2022)

Second MOTION for Extension of Time to File Answer re 1 Complaint, for Defendants, filed by Implicit, LLC. (Attachments: # 1 Text of Proposed Order)(Kent, Daniel) (Entered: 09/06/2022)

ORDER Granting 18 Motion for Extension of Time to Answer. Deadline for Defendants to answer is September 27, 2022. Signed by Judge Victoria M. Calvert on September 6, 2022. (lwb) (Entered: 09/07/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Attachments: # 1 Brief Memorandum of Law in Support, # 2 Text of Proposed Order)(Campbell, Christopher) (Entered: 09/30/2022)

Corporate Disclosure Statement identifying Corporate Parent The Home Depot, Inc. for Home Depot Product Authority, LLC, Home Depot U.S.A., Inc. by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc..(Campbell, Christopher) (Entered: 09/30/2022)

Consent MOTION for Extension of Time to File Response and Reply Briefs re: 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Implicit, LLC. (Attachments: # 1 Text of Proposed Order)(Kent, Daniel) (Entered: 10/07/2022)

Clerk's Certificate of Mailing as to Attorney Jeff Castellano re 27 Order on Application for Admission PHV. (ceo)

APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Jeff Castellano Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12113886). Attorney Jeff Castellano added appearing on behalf of Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.(pdt)

APPROVAL by Clerks Office re: 23 APPLICATION for Admission of Nicholas George Papastavros Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12113862). Attorney Nicholas George Papastavros added appearing on behalf of Home Depot Product Authority, LLC, Home Depot U.S.A., Inc. (pdt)

RESPONSE in Opposition re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Implicit, LLC. (Kent, Daniel) (Entered: 10/28/2022)

REPLY BRIEF re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Papastavros, Nicholas) (Entered: 11/23/2022)

Submission of 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Victoria M. Calvert. (vs)

OPINION and ORDER Granting 21 Motion to Dismiss for Failure to State a Claim. Signed by Judge Victoria M. Calvert on June 6, 2023. (lwb)

CLERK'S JUDGMENT in favor of Defendants against Plaintiff. (lwb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 06/07/2023)

AO Form 120 forwarded to Commissioner. (lwb) (Entered: 06/07/2023)

Civil Case Terminated. (lwb)

NOTICE OF APPEAL as to 31 Order on Motion to Dismiss for Failure to State a Claim, 32 Clerk's Judgment by Implicit, LLC. Filing fee $ 505, receipt number AGANDC-12686401. Transcript Order Form due on 7/5/2023 (Kent, Daniel) (Entered: 06/21/2023)

USCA Appeal Transmission Letter to USCA- Federal Circuit re: 34 Notice of Appeal filed by Implicit, LLC. (pjm) (Entered: 06/21/2023)

Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals- Federal Circuit re: 34 Notice of Appeal. (pjm) (Entered: 06/21/2023)

Track Case Updates

Home Depot Product Authority, LLC

Home Depot Store Support, Inc.

Home Depot Solutions, LLC

Home Depot U.S.A., Inc.

The Home Depot, Inc.

Implicit, LLC