Koss Corporation v. PEAG, LLC

3:21-cv-01177

Overview

Case Number 3:21-cv-01177

Filing Date 2021-06-25

Status Litigation filed

Court District Court, S.D. California (casd)

Presiding Judge Cathy Ann Bencivengo

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:0271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

PEAG, LLC

Represented By

2 Attorneys Listed

Ryan James Altomare

J. Lorenzo Law

Tel: +1 (760) 560-2515

2292 Faraday Avenue, Suite 100

Jayson Lorenzo

J. Lorenzo Law

Tel: +1 (760) 560-2515

Fax: +1 (760) 520-7900

2292 Faraday Avenue, Suite 100

Plaintiff

Koss Corporation

Represented By

9 Attorneys Listed

Philip Andrew Kunz

K&L Gates LLP

Tel: +1 (312) 372-1121

70 West Madison Street, Suite 3100

Peter Edward Soskin

Meyers Nave

Tel: +1 (510) 808-2000

Fax: +1 (510) 444-1108

Meyers Nave, 1999 Harrison Street

Melissa Marie Haulcomb

K&L Gates, LLP

Tel: +1 (312) 807-4247

70 West Madison Street, Suite 3100

James A. Shimota

K&L Gates LLP

Tel: +1 (312) 372-1121

Fax: +1 (312) 827-8000

70 West Madison Street, Suite 3100

Gina A. Johnson

K&L Gates LLP

Tel: +1 (312) 807-4243

70 West Madison, Suite 3100

Erik James Halverson

K&L Gates LLP

Tel: +1 (415) 882-8238

4 Embarcadero Center, Suite 1200

Darlene F. Ghavimi

K&L Gates, LLP

Tel: +1 (512) 482-6800

2801 Via Fortuna, Ste 650

Benjamin E. Weed

The Ridge Wallet LLC

Tel: +1 (312) 372-1121

The Ridge Wallet LLC, 104 Main Street

Amanda C. Maxfield

Willkie Farr & Gallagher LLP

Tel: +1 (312) 728-9118

Fax: +1 (312) 728-9199

300 North LaSalle Drive, Chicago, IL 60654

Court & Judges

Court

District Court, S.D. California (casd)

Presiding Judge

Cathy Ann Bencivengo

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT With Jury Demand Against PEAG, LLC (Filing fee $402.00 receipt number ACASDC-15868334.), filed by Koss Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A1-A25, # 3 Exhibit B1-B25, # 4 Exhibit C1-C2, # 5 Exhibit D1-D3, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)The new case number is 3:21-cv-1177-CAB-JLB. Judge Cathy Ann Bencivengo and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Soskin, Peter)(dxf)(jrd) (Entered: 06/28/2021)

2021-06-25

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COMPLAINT With Jury Demand Against PEAG, LLC (Filing fee $402.00 receipt number ACASDC-15868334.), filed by Koss Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A1-A25, # 3 Exhibit B1-B25, # 4 Exhibit C1-C2, # 5 Exhibit D1-D3, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)The new case number is 3:21-cv-1177-CAB-JLB. Judge Cathy Ann Bencivengo and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Soskin, Peter)(dxf)(jrd) (Entered: 06/28/2021)

2021-06-25

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COMPLAINT With Jury Demand Against PEAG, LLC (Filing fee $402.00 receipt number ACASDC-15868334.), filed by Koss Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A1-A25, # 3 Exhibit B1-B25, # 4 Exhibit C1-C2, # 5 Exhibit D1-D3, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)The new case number is 3:21-cv-1177-CAB-JLB. Judge Cathy Ann Bencivengo and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Soskin, Peter)(dxf)(jrd) (Entered: 06/28/2021)

2021-06-25

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COMPLAINT With Jury Demand Against PEAG, LLC (Filing fee $402.00 receipt number ACASDC-15868334.), filed by Koss Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A1-A25, # 3 Exhibit B1-B25, # 4 Exhibit C1-C2, # 5 Exhibit D1-D3, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)The new case number is 3:21-cv-1177-CAB-JLB. Judge Cathy Ann Bencivengo and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Soskin, Peter)(dxf)(jrd) (Entered: 06/28/2021)

2021-06-25

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Koss Corporation v. PEAG, LLC

Overview

Parties

Defendant

PEAG, LLC Follow

Represented By

Plaintiff

Koss Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Corporate Disclosure Statement by Koss Corporation. No Corporate Parents/Interested Parties. (dxf)(jrd) (Entered: 06/28/2021)

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *10,206,025*, *10,368,155*, *10,491,982*, *10,506,325* (cc: USPTO)(dxf)(jrd) (Entered: 06/28/2021)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dxf)(jrd) (Entered: 06/28/2021)

SUMMONS Returned Executed by Koss Corporation. PEAG, LLC served. (Soskin, Peter) (anh). (Entered: 07/12/2021)

NOTICE of Appearance by Erik James Halverson on behalf of Koss Corporation (Halverson, Erik)Attorney Erik James Halverson added to party Koss Corporation(pty:pla) (jmo). (Entered: 07/19/2021)

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15945191.) (Application to be reviewed by Clerk.) (Ghavimi, Darlene) QC mail sent re missing signature (rmc). (Entered: 07/20/2021)

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15945227.) (Application to be reviewed by Clerk.) (Johnson, Gina) QC mail sent re missing signature (rmc). (Entered: 07/20/2021)

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Ghavimi, Darlene) (rmc). (Entered: 07/20/2021)

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Johnson, Gina) (rmc). (Entered: 07/20/2021)

ORDER Approving the Pro Hac Vice Application of Darlene F. Ghavimi, re 9 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/20/2021.(rmc) (Entered: 07/20/2021)

ORDER Approving the Pro Hac Vice Application of Gina A. Johnson, re 10 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/20/2021.(rmc) (Entered: 07/20/2021)

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15946887.) (Application to be reviewed by Clerk.) (Weed, Benjamin) (rmc). (Entered: 07/20/2021)

ORDER Approving the Pro Hac Vice Application of Benjamin E. Weed, re 13 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/21/2021.(rmc) (Entered: 07/21/2021)

Joint MOTION for Extension of Time to File Response to Complaint by PEAG, LLC. (Altomare, Ryan)Attorney Ryan James Altomare added to party PEAG, LLC(pty:dft) (anh). (Entered: 07/23/2021)

ORDER granting 15 Motion for Extension of Time to Answer re 15 Motion for Extension of Time to File Answer PEAG, LLC answer due 8/6/2021. Signed by Judge Cathy Ann Bencivengo on 7/23/2021. (anh) (Entered: 07/23/2021)

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15967739.) (Application to be reviewed by Clerk.) (Kunz, Philip) (rmc). (Entered: 07/27/2021)

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15967851.) (Application to be reviewed by Clerk.) (Shimota, James) (rmc). (Entered: 07/27/2021)

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15967915.) (Application to be reviewed by Clerk.) (Maxfield, Amanda) (rmc). (Entered: 07/27/2021)

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Haulcomb, Melissa) QC mail sent re missing fee (rmc). Payment of $213 submitted separately, receipt ACASDC-15967956 (rmc). (Entered: 07/27/2021)

ORDER Approving the Pro Hac Vice Application of Philip Andrew Kunz, re 17 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/27/2021.(rmc) (Entered: 07/27/2021)

ORDER Approving the Pro Hac Vice Application of Amanda C. Maxfield, re 19 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/27/2021.(rmc) (Entered: 07/27/2021)

ORDER Approving the Pro Hac Vice Application of James A. Shimota, re 18 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/27/2021.(rmc) (Entered: 07/27/2021)

ORDER Approving the Pro Hac Vice Application of Melissa Marie Haulcomb, re 20 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 7/30/2021.(rmc) (Entered: 07/30/2021)

ANSWER to 1 Complaint,, with Jury Demand, COUNTERCLAIM against Koss Corporation by PEAG, LLC.(Altomare, Ryan) (anh). (Entered: 08/06/2021)

Corporate Disclosure Statement by PEAG, LLC. No Corporate Parents/Interested Parties. (Altomare, Ryan) (anh). (Entered: 08/06/2021)

NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conferences. Signed by Magistrate Judge Jill L. Burkhardt on 8/9/2021.(anh) (Entered: 08/09/2021)

Koss ANSWER to 25 Answer to Complaint, Counterclaim by Koss Corporation.(Soskin, Peter) (anh). (Entered: 08/27/2021)

Corporate Disclosure Statement by Koss Corporation. No Corporate Parents/Interested Parties. (Soskin, Peter) (anh). (Entered: 08/27/2021)

NOTICE of Appearance of Jayson M. Lorenzo by Jayson Lorenzo on behalf of PEAG, LLC (Lorenzo, Jayson)Attorney Jayson Lorenzo added to party PEAG, LLC(pty:dft) (anh). (Entered: 09/15/2021)

Joint MOTION to Continue Early Neutral Evaluation by PEAG, LLC. (Attachments: # 1 Declaration of Jayson M. Lorenzo, # 2 Exhibit 1 to Declaration of Jayson M. Lorenzo)(Altomare, Ryan) (anh). (Entered: 09/17/2021)

JOINT DISCOVERY PLAN by Koss Corporation (Soskin, Peter) (anh). (Entered: 09/20/2021)

MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For failure to demonstrate good cause, the 32 Joint Motion to Continue is DENIED and the 9/28/2021 Early Neutral Evaluation Conference will proceed as scheduled. (no document attached) (cxe) (Entered: 09/21/2021)

Order on Motion to Continue

RESPONSE in Opposition re 30 MOTION to Stay Pending Inter Partes Review filed by Koss Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Soskin, Peter) (anh). (Entered: 09/24/2021)

ORDER Setting Hearing on Motion to Stay [Doc. No. 30 ]. Signed by Judge Cathy Ann Bencivengo on 9/27/2021.(anh) (Entered: 09/27/2021)

Early Neutral Evaluation Conference AND Case Management Conference

Case Management Order Regulating Discovery and Other Pretrial Proceedings in a Patent Case. Signed by Magistrate Judge Jill L. Burkhardt on 9/29/2021.(anh) (Entered: 09/30/2021)

REPLY to Response to Motion re 30 MOTION to Stay Pending Inter Partes Review filed by PEAG, LLC. (Attachments: # 1 Declaration of Jayson M. Lorenzo, # 2 Exhibit 1 to Declaration of Jayson M. Lorenzo)(Altomare, Ryan) (anh). (Entered: 10/04/2021)

ORDER Vacating Hearing and Granting Motion to Stay [Doc. No. 30 ]. Signed by Judge Cathy Ann Bencivengo on 10/5/2021. (anh) (Entered: 10/05/2021)

NOTICE Change in Counsel by Koss Corporation (Soskin, Peter) (ave). (Entered: 05/20/2022)

STATUS REPORT JOINT STATUS UPDATE by Koss Corporation. (Weed, Benjamin) (anh). (Entered: 09/28/2022)

Status Conference

MOTION Lift Stay re 40 Order on Motion to Stay by Koss Corporation. (Attachments: # 1 Memo of Points and Authorities)(Weed, Benjamin) (anh). (Entered: 10/13/2022)

RESPONSE in Opposition re 45 MOTION Lift Stay re 40 Order on Motion to Stay filed by PEAG, LLC. (Attachments: # 1 Declaration of Jayson M. Lorenzo, # 2 Exhibit "A" to Declaration of Jayson M. Lorenzo, # 3 Exhibit "B" to Declaration of Jayson M. Lorenzo)(Lorenzo, Jayson) (tcf). (Entered: 11/03/2022)

REPLY to Response to Motion re 45 MOTION Lift Stay re 40 Order on Motion to Stay filed by Koss Corporation. (Weed, Benjamin) (anh). (Entered: 11/10/2022)

AFFIDAVIT in Opposition re 45 MOTION Lift Stay re 40 Order on Motion to Stay filed by PEAG, LLC. (Attachments: # 1 Exhibit A to Supplemental Declaration of Jayson M. Lorenzo)(Lorenzo, Jayson) (anh). (Entered: 11/16/2022)

REPLY to Response to Motion re 45 MOTION Lift Stay re 40 Order on Motion to Stay filed by Koss Corporation. (Weed, Benjamin) (anh). (Entered: 11/17/2022)

Ex Parte MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion to Lift Stay by PEAG, LLC. (Altomare, Ryan) (anh). (Entered: 11/18/2022)

ORDER Denying Motion Lift Stay [Doc Nos. 45, 51 ]. Signed by Judge Cathy Ann Bencivengo on 11/22/2022. (anh) (Entered: 11/22/2022)

Minute Order: The Court requests the Parties file a joint report on the status of the patents-at-issue in this case by September 6, 2024.(anh) (Entered: 08/28/2024)

STATUS REPORT JOINTLY FILED BY KOSS CORPORATION AND PEAG, LLC by PEAG, LLC. (Altomare, Ryan) (anh). (Entered: 09/06/2024)

Notice of Appearance

Notice (Other)

Status Report

Notice (Other)

Dismiss

Order on Motion to Dismiss

Track Case Updates

PEAG, LLC

Koss Corporation

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 10,206,025, 10,368,155, 10,491,982, 10,506,325 (cc: USPTO)(dxf)(jrd) (Entered: 06/28/2021)