Kenall Manufacturing Company v. Clear-Vu Lighting LLC

Application Number	Patent Number	External Links
-	US9039966	Espacenet Google Patents
-	US9839706	Espacenet Google Patents
-	US8398264	Espacenet Google Patents

COMPLAINT against Clear-Vu Lighting LLC filing fee $ 400, receipt number 0207-10246924 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by Kenall Manufacturing Company, University of Strathclyde. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C) (Rachman, Marc) Modified on 3/6/2018 (Flanagan, Doreen). (Entered: 03/02/2018)

2018-03-02

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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Bowens, Priscilla) Modified on 3/6/2018 (Flanagan, Doreen). (Additional attachment(s) added on 3/6/2018: # 1 Additional Quality Control Check Sheet) (Flanagan, Doreen). (Entered: 03/05/2018)

2018-03-05

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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) (Entered: 03/06/2018)

2018-03-06

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Notice of Report on the filing of an action regarding a Patent. (Attachments: # 1 Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Flanagan, Doreen) (Entered: 03/06/2018)

2018-03-06

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Summons Issued as to Clear-Vu Lighting LLC. (Flanagan, Doreen) (Entered: 03/06/2018)

2018-03-06

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PATENT PILOT REASSIGNMENT ORDER. Pursuant to Administrative Order 2012-01 adopting all amendments to 50.2(c)(2), I request that this patent infringement action be reassigned to a patent pilot program judge. The Clerk of Court is directed to reassign this case from the patent pilot wheel. SO ORDERED by Judge Arthur D. Spatt on 3/6/2018. (Coleman, Laurie) (Entered: 03/06/2018)

2018-03-06

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Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)

2018-03-06

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This is a patent case and is eligible for the Patent Pilot Project. (Flanagan, Doreen)

2018-03-06

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CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Judge William F. Kuntz, II for all further proceedings. Judge Arthur D. Spatt no longer assigned to case. (McMahon, Carol)

2018-03-14

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10309822. by Kenall Manufacturing Company, University of Strathclyde. (Attachments: # 1 Affidavit of Benjamin T. Horton, # 2 Certificate of Good Standing) (Horton, Benjamin) (Entered: 03/28/2018)

2018-03-28

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10309971. by Kenall Manufacturing Company, University of Strathclyde. (Attachments: # 1 Affidavit of Tiffany D. Gehrke in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing) (Gehrke, Tiffany) (Entered: 03/28/2018)

2018-03-28

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Electronic ORDER granting DE 8 Motion for Leave to Appear Pro Hac Vice, Attorney Tiffany D. Gehrke for Plaintiffs Kenall Manufacturing Company and University of Strathclyde. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven I. Locke on 5/2/2018. (Budhu, Ryan)

2018-05-02

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Electronic ORDER granting DE 7 Motion for Leave to Appear Pro Hac Vice, Attorney Benjamin T. Horton for Plaintiff Kenall Manufacturing Company and University of Strathclyde. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven I. Locke on 5/2/2018. (Budhu, Ryan)

2018-05-02

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NOTICE of Appearance by Benjamin T. Horton on behalf of Kenall Manufacturing Company, University of Strathclyde (notification declined or already on case) (Horton, Benjamin) (Entered: 05/04/2018)

2018-05-04

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NOTICE of Appearance by Tiffany Gehrke on behalf of Kenall Manufacturing Company, University of Strathclyde (notification declined or already on case) (Gehrke, Tiffany) (Entered: 05/04/2018)

2018-05-04

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NOTICE of Appearance by Douglas A. Miro on behalf of Clear-Vu Lighting LLC (aty to be noticed) (Miro, Douglas) (Entered: 05/09/2018)

2018-05-09

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Letter Respectfully Requesting a Pre-Motion Conference by Clear-Vu Lighting LLC (Miro, Douglas) (Entered: 05/09/2018)

2018-05-09

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SUMMONS Returned Executed by Kenall Manufacturing Company, University of Strathclyde. Clear-Vu Lighting LLC served on 5/7/2018, answer due 5/28/2018. (Rachman, Marc) (Entered: 05/09/2018)

2018-05-09

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Corporate Disclosure Statement by Clear-Vu Lighting LLC (Miro, Douglas) (Entered: 05/10/2018)

2018-05-10

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SCHEDULING ORDER re 12 letter filed by Clear-Vu Lighting LLC. Pre Motion Hearing set for 6/6/2018 at 2:00 P.M. in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 5/14/2018. (Meltz, Eli)

2018-05-14

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10460034. by Clear-Vu Lighting LLC. (Attachments: # 1 Notice of Motion to Appear Pro Hac Vice, # 2 Affidavit of Binal J. Patel) (Patel, Binal) (Entered: 05/24/2018)

2018-05-24

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10461702. by Clear-Vu Lighting LLC. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Becker, Matthew) (Entered: 05/25/2018)

2018-05-25

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NOTICE of Appearance by Matthew P. Becker on behalf of Clear-Vu Lighting LLC (notification declined or already on case) (Becker, Matthew) (Entered: 06/05/2018)

2018-06-05

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ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 6/5/2018. (Meltz, Eli)

2018-06-05

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ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 6/5/2018. (Meltz, Eli)

2018-06-05

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NOTICE of Appearance by Binal J. Patel on behalf of Clear-Vu Lighting LLC (notification declined or already on case) (Patel, Binal) (Entered: 06/06/2018)

2018-06-06

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Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 6/6/2018. Appearances: Marc Rachman, Esq., and Benjamin Horton, Esq., appeared on behalf of Plaintiffs Kenall Manufacturing Company and University of Strathclyde. Douglas Miro, Esq., and Matthew Becker, Esq., appeared on behalf of Defendant Clear-Vu Lighting LLC. The Court granted Plaintiffs' application to amend the complaint. The Plaintiffs shall serve and file the amended complaint on or before Friday, June 22, 2018. The parties are ordered to submit a joint scheduling order or competing proposed scheduling orders on ECF. Discovery is not stayed during the pendency of the motion to dismiss. (Court Reporter Linda Danelchyk.) (Jackson, Andrew)

2018-06-06

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AMENDED COMPLAINT against Clear-Vu Lighting LLC, filed by Kenall Manufacturing Company, University of Strathclyde. (Attachments: # 1 Exhibit A: USP 9,039,966, # 2 Exhibit B: Clear-Vu's literature, # 3 Exhibit C: USP 9,839,706, # 4 Exhibit D: USP 8,398,264) (Gehrke, Tiffany). USP No's. Modified on 6/20/2018 per phone request). (Layne, Monique). (Entered: 06/20/2018)

2018-06-20

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Letter Joint Motion for Entry of Briefing Schedule on Clear-Vu Lighting LLC's Motion to Dismiss the First Amended Complaint Under Fed.R.Civ.P.12(b)(6) by Clear-Vu Lighting LLC (Miro, Douglas) (Entered: 06/29/2018)

2018-06-29

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ORDER re 20 Letter Joint Motion for Entry of Briefing Schedule on Clear-Vu Lighting LLC's Motion to Dismiss the First Amended Complaint Under Fed.R.Civ.P.12(b)(6) . Application Granted. Clear-Vu shall file its motion to dismiss no later than July 20, 2018. Plaintiffs shall file response to Clear-Vu's motion no later than August 10, 2018. Clear-Vu shall file its reply in support of its motion to dismiss no later than August 24, 2018.SO Ordered by Judge William F. Kuntz, II on 6/29/2018. (Tavarez, Jennifer) (Entered: 07/02/2018)

2018-07-02

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Letter re Clear-Vu Lighting's Motion to Dismiss under Fed. R. Civ. P. 12(b)(6) by Clear-Vu Lighting LLC (Patel, Binal) (Entered: 07/20/2018)

2018-07-20

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Proposed Scheduling Order (Joint) by Kenall Manufacturing Company, University of Strathclyde (Gehrke, Tiffany) (Entered: 08/09/2018)

2018-08-09

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Letter re Kenall Manufacturing and University of Strathclydes service of Opposition to Clear-Vus Motion to Dismiss by Kenall Manufacturing Company, University of Strathclyde (Gehrke, Tiffany) (Entered: 08/10/2018)

2018-08-10

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NOTICE of Appearance by Brian A. Comack on behalf of Clear-Vu Lighting LLC (aty to be noticed) (Comack, Brian) (Entered: 08/24/2018)

2018-08-24

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Motion to Dismiss for Failure to State a Claim and Memorandum in Support by Clear-Vu Lighting LLC. (Attachments: # 1 Exhibit A - U.S. Patent No. 9,039,966, # 2 Exhibit B - U.S. Patent No. 9,839,706, # 3 Exhibit C - U.S. Patent No. 8,398,264, # 4 Exhibit D - July 19, 2010 Office Action, # 5 Exhibit E - September 14, 2009 Office Action, # 6 Exhibit F - April 25, 2014 Office Action, # 7 Declaration of Binal Patel, # 8 Notice of Motion) (Patel, Binal) (Entered: 08/24/2018)

2018-08-24

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MEMORANDUM in Opposition re 26 Motion to Dismiss for Failure to State a Claim and Memorandum in Support filed by Kenall Manufacturing Company, University of Strathclyde. (Attachments: # 1 Exhibit A, USPTO Eligibility Guidelines regarding Nature-Based Products) (Gehrke, Tiffany) (Entered: 08/24/2018)

2018-08-24

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REPLY in Support re 26 Motion to Dismiss for Failure to State a Claim and Memorandum in Support filed by Clear-Vu Lighting LLC. (Patel, Binal) (Entered: 08/24/2018)

2018-08-24

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Letter re Motion to Dismiss the First Amended Complaint by Clear-Vu Lighting LLC (Patel, Binal) (Entered: 08/24/2018)

2018-08-24

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NOTICE of Change of Address of Matthew Becker (Becker, Matthew) (Entered: 11/16/2018)

2018-11-16

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NOTICE of Change of Address for Binal Patel (Patel, Binal) (Entered: 11/16/2018)

2018-11-16

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NOTICE by Clear-Vu Lighting LLC of Supplemental Authority (Attachments: # 1 Exhibit 1) (Becker, Matthew) (Entered: 02/13/2019)

2019-02-13

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Letter

2020-08-31

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Order(Other)

2020-09-03

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Extension of Time to File Response/Reply

2020-09-15

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Order on Motion for Extension of Time to File Response/Reply

2020-09-15

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No Actions

Letter

2020-10-02

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Order(Other)

2020-10-05

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Extension of Time to File Response/Reply

2020-10-09

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Order on Motion for Extension of Time to File Response/Reply

2020-10-09

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No Actions

Extension of Time to File Response/Reply

2020-10-23

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Order on Motion for Extension of Time to File Response/Reply

2020-10-23

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No Actions

Extension of Time to File Response/Reply

2020-11-06

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Order on Motion for Extension of Time to File Response/Reply

2020-11-09

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Extension of Time to File Response/Reply

2020-11-20

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Order on Motion for Extension of Time to File Response/Reply

2020-11-20

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Dismiss

2020-12-04

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Order on Motion to Dismiss

2020-12-09

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Notice of Report Patent or Trademark AO120

2020-12-21

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Overview

Parties

Defendant

Clear-Vu Lighting LLC Follow

Represented By

Plaintiff

University of Strathclyde Follow

Represented By

Kenall Manufacturing Company Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice of Report on the filing of an action regarding a Patent. (Attachments: # 1 Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Flanagan, Doreen) (Entered: 03/06/2018)

Summons Issued as to Clear-Vu Lighting LLC. (Flanagan, Doreen) (Entered: 03/06/2018)

This is a patent case and is eligible for the Patent Pilot Project. (Flanagan, Doreen)

CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Judge William F. Kuntz, II for all further proceedings. Judge Arthur D. Spatt no longer assigned to case. (McMahon, Carol)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10309822. by Kenall Manufacturing Company, University of Strathclyde. (Attachments: # 1 Affidavit of Benjamin T. Horton, # 2 Certificate of Good Standing) (Horton, Benjamin) (Entered: 03/28/2018)

NOTICE of Appearance by Benjamin T. Horton on behalf of Kenall Manufacturing Company, University of Strathclyde (notification declined or already on case) (Horton, Benjamin) (Entered: 05/04/2018)

NOTICE of Appearance by Tiffany Gehrke on behalf of Kenall Manufacturing Company, University of Strathclyde (notification declined or already on case) (Gehrke, Tiffany) (Entered: 05/04/2018)

NOTICE of Appearance by Douglas A. Miro on behalf of Clear-Vu Lighting LLC (aty to be noticed) (Miro, Douglas) (Entered: 05/09/2018)

Letter Respectfully Requesting a Pre-Motion Conference by Clear-Vu Lighting LLC (Miro, Douglas) (Entered: 05/09/2018)

SUMMONS Returned Executed by Kenall Manufacturing Company, University of Strathclyde. Clear-Vu Lighting LLC served on 5/7/2018, answer due 5/28/2018. (Rachman, Marc) (Entered: 05/09/2018)

Corporate Disclosure Statement by Clear-Vu Lighting LLC (Miro, Douglas) (Entered: 05/10/2018)

SCHEDULING ORDER re 12 letter filed by Clear-Vu Lighting LLC. Pre Motion Hearing set for 6/6/2018 at 2:00 P.M. in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 5/14/2018. (Meltz, Eli)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10460034. by Clear-Vu Lighting LLC. (Attachments: # 1 Notice of Motion to Appear Pro Hac Vice, # 2 Affidavit of Binal J. Patel) (Patel, Binal) (Entered: 05/24/2018)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10461702. by Clear-Vu Lighting LLC. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Becker, Matthew) (Entered: 05/25/2018)

NOTICE of Appearance by Matthew P. Becker on behalf of Clear-Vu Lighting LLC (notification declined or already on case) (Becker, Matthew) (Entered: 06/05/2018)

NOTICE of Appearance by Binal J. Patel on behalf of Clear-Vu Lighting LLC (notification declined or already on case) (Patel, Binal) (Entered: 06/06/2018)

Letter Joint Motion for Entry of Briefing Schedule on Clear-Vu Lighting LLC's Motion to Dismiss the First Amended Complaint Under Fed.R.Civ.P.12(b)(6) by Clear-Vu Lighting LLC (Miro, Douglas) (Entered: 06/29/2018)

Letter re Clear-Vu Lighting's Motion to Dismiss under Fed. R. Civ. P. 12(b)(6) by Clear-Vu Lighting LLC (Patel, Binal) (Entered: 07/20/2018)

Proposed Scheduling Order (Joint) by Kenall Manufacturing Company, University of Strathclyde (Gehrke, Tiffany) (Entered: 08/09/2018)

Letter re Kenall Manufacturing and University of Strathclydes service of Opposition to Clear-Vus Motion to Dismiss by Kenall Manufacturing Company, University of Strathclyde (Gehrke, Tiffany) (Entered: 08/10/2018)

NOTICE of Appearance by Brian A. Comack on behalf of Clear-Vu Lighting LLC (aty to be noticed) (Comack, Brian) (Entered: 08/24/2018)

REPLY in Support re 26 Motion to Dismiss for Failure to State a Claim and Memorandum in Support filed by Clear-Vu Lighting LLC. (Patel, Binal) (Entered: 08/24/2018)

Letter re Motion to Dismiss the First Amended Complaint by Clear-Vu Lighting LLC (Patel, Binal) (Entered: 08/24/2018)

NOTICE of Change of Address of Matthew Becker (Becker, Matthew) (Entered: 11/16/2018)

NOTICE of Change of Address for Binal Patel (Patel, Binal) (Entered: 11/16/2018)

NOTICE by Clear-Vu Lighting LLC of Supplemental Authority (Attachments: # 1 Exhibit 1) (Becker, Matthew) (Entered: 02/13/2019)

Letter

Order(Other)

Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply

Letter

Order(Other)

Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply

Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply

Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply

Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply

Dismiss

Order on Motion to Dismiss

Notice of Report Patent or Trademark AO120

Track Case Updates

Clear-Vu Lighting LLC

University of Strathclyde

Kenall Manufacturing Company