Kirsch Research and Development LLC v. TAMKO Building Products LLC

COMPLAINT WITH JURY DEMAND against TAMKO Building Products LLC filed by Kirsch Research and Development LLC. (Filing fee $400; Receipt number 0539-10792940) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Cover Sheet) (DeRieux, Elizabeth) (Entered: 04/24/2020)

2020-04-24

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kirsch Research and Development LLC. (DeRieux, Elizabeth) (Entered: 04/24/2020)

2020-04-24

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NOTICE of Related Case filed by Kirsch Research and Development LLC (DeRieux, Elizabeth) (Entered: 04/24/2020)

2020-04-24

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NOTICE of REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK filed by Kirsch Research and Development LLC (DeRieux, Elizabeth) (Entered: 04/24/2020)

2020-04-24

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Request for Clerk to issue Summons filed by Kirsch Research and Development LLC. (DeRieux, Elizabeth) (Entered: 04/24/2020)

2020-04-24

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ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, plaintiff Kirsch Research and Development LLC, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 4/24/2020) (chmb) (Entered: 04/24/2020)

2020-04-24

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New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) (Entered: 04/27/2020)

2020-04-24

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Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (oyh) (Entered: 04/27/2020)

2020-04-27

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Summons Issued as to TAMKO Building Products LLC. (oyh) (Entered: 04/27/2020)

2020-04-27

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MOTION for Leave to Proceed Without Local Counsel filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order) (DeRieux, Elizabeth) (Entered: 04/28/2020)

2020-04-28

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ELECTRONIC ORDER granting (9) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01024-K; granting (9) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01025-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01028-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01029-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01030-K. The Court may at anytime require Plaintiff to designate local counsel. (Ordered by Judge Ed Kinkeade on 4/29/2020) (chmb) (Entered: 04/29/2020)

2020-04-29

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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Benjamin T. Wang (Filing fee $100; Receipt number 0539-10809380) filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) (Entered: 05/01/2020)

2020-05-01

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ELECTRONIC ORDER granting (11) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01024-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01025-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01028-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01029-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01030-K (Ordered by Judge Ed Kinkeade on 5/4/2020) (chmb) (Entered: 05/04/2020)

2020-05-04

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NOTICE of Attorney Appearance by Marc A Fenster on behalf of Kirsch Research and Development LLC. (Filer confirms contact info in ECF is current.) (Fenster, Marc) (Entered: 05/04/2020)

2020-05-04

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SUMMONS Returned Executed as to TAMKO Building Products LLC ; served on 4/30/2020. (Wang, Benjamin) (Entered: 05/11/2020)

2020-05-11

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Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order)Attorney Keith Bryan Davis added to party TAMKO Building Products LLC(pty:dft) (Davis, Keith) (Entered: 05/15/2020)

2020-05-15

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ELECTRONIC ORDER granting 16 Motion for Extension of Time to File Answer or Otherwise Respond. TAMKO Building Products LLC answer or response due 6/22/2020. (Ordered by Judge Ed Kinkeade on 5/15/2020) (chmb) (Entered: 05/15/2020)

2020-05-15

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(Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by TAMKO Building Products LLC (Davis, Keith) (Entered: 05/15/2020)

2020-05-15

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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Amy E. Hayden (Filing fee $100; Receipt number 0539-10850501) filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) (Entered: 05/19/2020)

2020-05-19

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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney K. Andrew Kent (Filing fee $100; Receipt number 0539-10850502) filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) (Entered: 05/19/2020)

2020-05-19

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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan Ma (Filing fee $100; Receipt number 0539-10850503) filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) (Entered: 05/19/2020)

2020-05-19

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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Theresa M. Troupson (Filing fee $100; Receipt number 0539-10850506) filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) (Entered: 05/19/2020)

2020-05-19

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ELECTRONIC ORDER granting Application for Admission Pro Hac Vice of Amy E. Hayden. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g) in case 3:20-cv-01024-K; 3:20-cv-01025-K; 3:20-cv-01028-K; 3:20-cv-01029-K; and in case 3:20-cv-01030-K. (Ordered by Judge Ed Kinkeade on 5/20/2020) (chmb) (Entered: 05/20/2020)

2020-05-20

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ELECTRONIC ORDER granting Applications for Admission Pro Hac Vice for K. Andrew Kent, Jonathan Ma, and Theresa M. Troupson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g) in case 3:20-cv-01024-K; 3:20-cv-01025-K; 3:20-cv-01028-K; 3:20-cv-01029-K; and in case 3:20-cv-01030-K. (Ordered by Judge Ed Kinkeade on 5/20/2020) (chmb) (Entered: 05/20/2020)

2020-05-20

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10886617) filed by TAMKO Building Products LLC (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order)Attorney John A Marlott added to party TAMKO Building Products LLC(pty:dft) (Marlott, John) (Entered: 06/04/2020)

2020-06-04

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Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order) (Davis, Keith) (Entered: 06/18/2020)

2020-06-18

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Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order Corrected) (Davis, Keith) (Entered: 06/18/2020)

2020-06-18

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ELECTRONIC ORDER granting 25 Application for Admission Pro Hac Vice of John A Marlott. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 6/18/2020) (chmb) (Entered: 06/18/2020)

2020-06-18

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ELECTRONIC ORDER granting 26 27 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond. TAMKO Building Products LLC answer or response due 7/17/2020 (Ordered by Judge Ed Kinkeade on 6/18/2020) (chmb) (Entered: 06/18/2020)

2020-06-18

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MOTION to Stay, Opposed filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order) (Davis, Keith) (Entered: 06/22/2020)

2020-06-22

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Brief/Memorandum in Support filed by TAMKO Building Products LLC re 30 MOTION to Stay, Opposed (Attachments: # 1 Exhibit(s) 1- ITC Complaint, # 2 Exhibit(s) 2 - ITC Order re target date for completion) (Davis, Keith) (Entered: 06/22/2020)

2020-06-22

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TAMKO Building Products LLC identifying Corporate Parent/Other Affiliate TAMKO Holdings, Inc. for TAMKO Building Products LLC. (Marlott, John) (Entered: 06/22/2020)

2020-06-22

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Agreed MOTION to Extend Time for Plaintiff's Briefing Related to Defendant's Motion to Stay and for Defendant's Response to Complaint filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order) (Wang, Benjamin) (Entered: 07/06/2020)

2020-07-06

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ELECTRONIC ORDER granting 33 Agreed Motion for Extension of Time for Plaintiff's Briefing Related to Defendant's Motion to Stay (Dkt. 30) and for Defendant's Response to Complaint. Plaintiff's Responses due by 8/3/2020. Defendant's response to Complaint due by 9/14/2020. (Ordered by Judge Ed Kinkeade on 7/6/2020) (chmb) (Entered: 07/06/2020)

2020-07-06

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RESPONSE filed by Kirsch Research and Development LLC re: 30 MOTION to Stay, Opposed (Wang, Benjamin) (Entered: 08/03/2020)

2020-08-03

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Appendix in Support filed by Kirsch Research and Development LLC re 35 Response/Objection Plaintiff's Kirsch Research and Development, LLC's Response and Brief in Opposition to Defendant TAMKO Building Products LLC's Opposed Motion to Stay (Wang, Benjamin) (Entered: 08/03/2020)

2020-08-03

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NOTICE of Supplemental Authority re: 30 MOTION to Stay, Opposed filed by Kirsch Research and Development LLC (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Wang, Benjamin) (Entered: 08/12/2020)

2020-08-12

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REPLY filed by TAMKO Building Products LLC re: 30 MOTION to Stay, Opposed (Marlott, John) (Entered: 08/17/2020)

2020-08-17

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Appendix in Support filed by TAMKO Building Products LLC re 38 Reply (Marlott, John) (Entered: 08/17/2020)

2020-08-17

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Joint MOTION for Protective Order filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order) (Wang, Benjamin) (Entered: 08/17/2020)

2020-08-17

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Overview

Parties

Defendant

TAMKO Building Products LLC Follow

Represented By

Plaintiff

Kirsch Research and Development LLC Follow

Represented By

Special Master

Special Master Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kirsch Research and Development LLC. (DeRieux, Elizabeth) (Entered: 04/24/2020)

NOTICE of Related Case filed by Kirsch Research and Development LLC (DeRieux, Elizabeth) (Entered: 04/24/2020)

NOTICE of REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK filed by Kirsch Research and Development LLC (DeRieux, Elizabeth) (Entered: 04/24/2020)

Request for Clerk to issue Summons filed by Kirsch Research and Development LLC. (DeRieux, Elizabeth) (Entered: 04/24/2020)

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) (Entered: 04/27/2020)

Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (oyh) (Entered: 04/27/2020)

Summons Issued as to TAMKO Building Products LLC. (oyh) (Entered: 04/27/2020)

MOTION for Leave to Proceed Without Local Counsel filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order) (DeRieux, Elizabeth) (Entered: 04/28/2020)

NOTICE of Attorney Appearance by Marc A Fenster on behalf of Kirsch Research and Development LLC. (Filer confirms contact info in ECF is current.) (Fenster, Marc) (Entered: 05/04/2020)

SUMMONS Returned Executed as to TAMKO Building Products LLC ; served on 4/30/2020. (Wang, Benjamin) (Entered: 05/11/2020)

Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order)Attorney Keith Bryan Davis added to party TAMKO Building Products LLC(pty:dft) (Davis, Keith) (Entered: 05/15/2020)

ELECTRONIC ORDER granting 16 Motion for Extension of Time to File Answer or Otherwise Respond. TAMKO Building Products LLC answer or response due 6/22/2020. (Ordered by Judge Ed Kinkeade on 5/15/2020) (chmb) (Entered: 05/15/2020)

(Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by TAMKO Building Products LLC (Davis, Keith) (Entered: 05/15/2020)

Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order) (Davis, Keith) (Entered: 06/18/2020)

Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order Corrected) (Davis, Keith) (Entered: 06/18/2020)

ELECTRONIC ORDER granting 26 27 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond. TAMKO Building Products LLC answer or response due 7/17/2020 (Ordered by Judge Ed Kinkeade on 6/18/2020) (chmb) (Entered: 06/18/2020)

MOTION to Stay, Opposed filed by TAMKO Building Products LLC (Attachments: # 1 Proposed Order) (Davis, Keith) (Entered: 06/22/2020)

Brief/Memorandum in Support filed by TAMKO Building Products LLC re 30 MOTION to Stay, Opposed (Attachments: # 1 Exhibit(s) 1- ITC Complaint, # 2 Exhibit(s) 2 - ITC Order re target date for completion) (Davis, Keith) (Entered: 06/22/2020)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TAMKO Building Products LLC identifying Corporate Parent/Other Affiliate TAMKO Holdings, Inc. for TAMKO Building Products LLC. (Marlott, John) (Entered: 06/22/2020)

Agreed MOTION to Extend Time for Plaintiff's Briefing Related to Defendant's Motion to Stay and for Defendant's Response to Complaint filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order) (Wang, Benjamin) (Entered: 07/06/2020)

RESPONSE filed by Kirsch Research and Development LLC re: 30 MOTION to Stay, Opposed (Wang, Benjamin) (Entered: 08/03/2020)

Appendix in Support filed by Kirsch Research and Development LLC re 35 Response/Objection Plaintiff's Kirsch Research and Development, LLC's Response and Brief in Opposition to Defendant TAMKO Building Products LLC's Opposed Motion to Stay (Wang, Benjamin) (Entered: 08/03/2020)

NOTICE of Supplemental Authority re: 30 MOTION to Stay, Opposed filed by Kirsch Research and Development LLC (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Wang, Benjamin) (Entered: 08/12/2020)

REPLY filed by TAMKO Building Products LLC re: 30 MOTION to Stay, Opposed (Marlott, John) (Entered: 08/17/2020)

Appendix in Support filed by TAMKO Building Products LLC re 38 Reply (Marlott, John) (Entered: 08/17/2020)

Joint MOTION for Protective Order filed by Kirsch Research and Development LLC (Attachments: # 1 Proposed Order) (Wang, Benjamin) (Entered: 08/17/2020)

Track Case Updates

TAMKO Building Products LLC

Kirsch Research and Development LLC

Special Master