Lowe v. Shieldmark, Inc.

Appeal docketed. Received: 04/17/2023. [918679]Entry of Appearance is due on 05/08/2023. Certificate of Interest is due on 05/08/2023. Docketing Statement is due on 05/08/2023. Appellants' brief is due on 06/23/2023. [CMH] [Entered: 04/24/2023 04:29 PM]

2023-04-24

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Entry of Appearance for James F. McCarthy, III; Howard L. Wernow; David J. Sheikh as counsel for Appellees Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 05/02/2023 by email. [920711] [23-1786] [David Sheikh] [Entered: 05/02/2023 05:10 PM]

2023-05-02

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Entry of Appearance for Ray L. Weber; Laura J. Gentilcore as counsel for Appellants Clifford A. Lowe and Spota LLC. Service: 05/03/2023 by clerk. [920916] [23-1786] This document is non-compliant. See Doc No. [8] [Ray Weber] [Entered: 05/03/2023 03:39 PM]

2023-05-03

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Certificate of Interest for Appellants Clifford A. Lowe and Spota LLC. Service: 05/03/2023 by clerk. [920918] [23-1786] This document is non-compliant. See Doc No. [8] [Ray Weber] [Entered: 05/03/2023 03:41 PM]

2023-05-03

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Docketing Statement for the Appellants Clifford A. Lowe and Spota LLC. Service: 05/03/2023 by clerk. [920919] [23-1786] This document is non-compliant. See Doc No. [8] [Ray Weber] [Entered: 05/03/2023 03:43 PM]

2023-05-03

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Certificate of Interest for Appellees Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 05/05/2023 by email. [921467] [23-1786] [David Sheikh] [Entered: 05/05/2023 12:20 PM]

2023-05-05

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Docketing Statement for the Appellees Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 05/05/2023 by email. [921468] [23-1786] [David Sheikh] [Entered: 05/05/2023 12:22 PM]

2023-05-05

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NOTICE OF NON-COMPLIANCE: The submissions of Appellants Clifford A. Lowe and Spota LLC, Entry of Appearance, Certificate of Interest, Docketing Statement [5], [4], [3], are not in compliance with the rules of this court (see attached). Compliant documents due on 05/16/2023. Service as of this date by the Clerk of Court. [922278] [CMH] [Entered: 05/09/2023 03:57 PM]

2023-05-09

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Corrected Entry of Appearance for Ray L. Weber; Laura J. Gentilcore as counsel for Appellants Clifford A. Lowe and Spota LLC. Service: 05/10/2023 by email. [922570] [23-1786] [Ray Weber] [Entered: 05/10/2023 02:15 PM]

2023-05-10

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Corrected Certificate of Interest for Appellants Clifford A. Lowe and Spota LLC. Service: 05/10/2023 by email. [922573] [23-1786] [Ray Weber] [Entered: 05/10/2023 02:17 PM]

2023-05-10

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Corrected Docketing Statement for the Appellants Clifford A. Lowe and Spota LLC. Service: 05/10/2023 by email. [922576] [23-1786] [Ray Weber] [Entered: 05/10/2023 02:21 PM]

2023-05-10

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Amended Notice of Appeal for Clifford A. Lowe, Spota LLC, fka Insite Solutions, LLC. Service: 04/25/2023 by email. [923447] [CMH] [Entered: 05/15/2023 01:52 PM]

2023-05-15

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ORDER consolidating appeals 23-1786, 23-1871, and 23-1893. See full order for briefing schedule. Service as of this date by the Clerk of Court. [925214] [23-1786, 23-1871, 23-1893] [CMH] [Entered: 05/23/2023 09:57 AM]

2023-05-23

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Note to File: The following cases are consolidated: 23-1786 Lead with 23-1871 and 23-1893 Member Cases. The parties must file all documents in the lead appeal only. [925234] [23-1786, 23-1871, 23-1893] [CMH] [Entered: 05/23/2023 10:48 AM]

2023-05-23

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Amended Entry of Appearance for Ray L. Weber; Laura J. Gentilcore as counsel for Appellants Clifford A. Lowe and Spota LLC. Service: 05/25/2023 by email. [925886] [23-1786] [Ray Weber] [Entered: 05/25/2023 12:31 PM]

2023-05-25

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Amended Certificate of Interest for Appellants Clifford A. Lowe and Spota LLC. Service: 05/25/2023 by email. [925888] [23-1786] [Ray Weber] [Entered: 05/25/2023 12:33 PM]

2023-05-25

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Amended Docketing Statement for the Appellants Clifford A. Lowe and Spota LLC. Service: 05/25/2023 by email. [925889] [23-1786] [Ray Weber] [Entered: 05/25/2023 12:35 PM]

2023-05-25

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CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [15], Doc No. [16], Doc No. [17], ERROR: Appellants' Entry of Appearance, Certificate of Interest, and Docketing Statement include an incomplete case number. CORRECTION: Please include all consolidated case numbers on future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [925981] [ALK] [Entered: 05/25/2023 03:32 PM]

2023-05-25

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MOTION of Appellants Clifford A. Lowe and Spota LLC leave to waive brief requirements. Service: 06/13/2023 by email. [929765] [23-1786]--[Edited 06/15/2023 by JCA to correct relief] [Ray Weber] [Entered: 06/13/2023 03:30 PM]

2023-06-13

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RESPONSE of Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation to Doc No. [19]. Service: 06/14/2023 by email. [929979] [23-1786] [David Sheikh] [Entered: 06/14/2023 10:45 AM]

2023-06-14

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Amended Certificate of Interest for Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 06/20/2023 by email. [931096] [23-1786] [David Sheikh] [Entered: 06/20/2023 03:35 PM]

2023-06-20

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ORDER filed denying [19] motion to waive requirements of brief or appendix filed by Clifford A. Lowe and Spota LLC; Within 30 days from the date of entry of this order, appellants are directed to file an opening brief that contains no more than 14,000 words. Service as of this date by the Clerk of Court. [934001] [LMS] [Entered: 07/05/2023 12:20 PM]

2023-07-05

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MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Clifford A. Lowe and Spota LLC. Service: 08/04/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [940634] --[Edited 08/18/2023 by CAB] - compliance review complete] [Ray Weber] [Entered: 08/04/2023 09:22 AM]

2023-08-04

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MOTION of Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation to extend the time to 09/27/2023 to file brief. Service: 08/21/2023 by email. [944689] [23-1786] [James McCarthy] [Entered: 08/21/2023 04:33 PM]

2023-08-21

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TEXT ONLY ORDER granting motion to extend time to file brief [24] filed by Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc., and Crown Equipment Corporation. The response brief is due 09/27/2023. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [944927] [JPS] [Entered: 08/22/2023 01:14 PM]

2023-08-22

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MODIFIED ENTRY: RESPONSE BRIEF FILED by Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc. Service: 09/27/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [952865]--[Edited 10/04/2023 by MMA - Reason: compliance review complete] [James McCarthy] [Entered: 09/27/2023 02:54 PM]

2023-09-27

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MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc. Service: 09/27/2023 by email. [952869]--[Edited 10/04/2023 by MMA - Reason: compliance review complete] [James McCarthy] [Entered: 09/27/2023 02:59 PM]

2023-09-27

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MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Clifford A. Lowe and Spota LLC. Service: 11/06/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [961557] --[Edited 11/14/2023 by CAB - compliance review complete] [Ray Weber] [Entered: 11/06/2023 11:51 AM]

2023-11-06

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MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc. Service: 11/27/2023 by email. [965505]--[Edited 12/04/2023 by MMA - Reason: compliance review complete] [James McCarthy] [Entered: 11/27/2023 12:32 PM]

2023-11-27

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MODIFIED ENTRY: APPENDIX FILED by Appellants Clifford A. Lowe, Spota LLC and Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc.. Service: 12/04/2023 by email. [967185] --[Edited 01/04/2024 by CAB - compliance review complete] [Ray Weber] [Entered: 12/04/2023 08:23 AM]

2023-12-04

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MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellants Clifford A. Lowe, Spota LLC and Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc.. Service: 12/04/2023 by email. [967187]--[Edited 01/04/2024 by CAB - compliance review complete] [Ray Weber] [Entered: 12/04/2023 08:25 AM]

2023-12-04

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Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [974521] [CAB] [Entered: 01/04/2024 12:59 PM]

2024-01-04

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [974522] [CAB] [Entered: 01/04/2024 12:59 PM]

2024-01-04

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6 paper copies of Doc. No. [31], [28], [23] received from Appellants Clifford A. Lowe and Spota LLC. [975880] [VDW] [Entered: 01/10/2024 03:12 PM]

2024-01-08

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6 paper copies of Doc. No. [27], [29] received from Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc.. [975887] [VDW] [Entered: 01/10/2024 03:21 PM]

2024-01-08

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Notice from Appellants Clifford A. Lowe and Spota LLC regarding conflicts with oral argument. Service: 01/10/2024 by email. [975722] [23-1786] [Ray Weber] [Entered: 01/10/2024 11:08 AM]

2024-01-10

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The following conflict dates submitted by Ray L. Weber for Clifford A. Lowe and Spota LLC have been accepted by the court: 08/05/2024, 08/06/2024, 08/07/2024. [975741] [MJL] [Entered: 01/10/2024 11:51 AM]

2024-01-10

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Notice from Cross-Appellants Shieldmark, Inc., Crown Equipment Corporation and Advanced Plastics, Inc. regarding conflicts with oral argument. Service: 01/10/2024 by email. [975916] [23-1786] [David Sheikh] [Entered: 01/10/2024 04:10 PM]

2024-01-10

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The following conflict dates submitted by David J. Sheikh for Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation have been accepted by the court: 04/01/2024, 04/02/2024, 04/03/2024, 08/05/2024, 08/06/2024, 08/07/2024, 08/08/2024, 08/09/2024. [976612] [MJL] [Entered: 01/16/2024 08:43 AM]

2024-01-16

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Opinion

2025-03-24

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Judgment

2025-03-24

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Overview

Parties

Plaintiff - Appellant

SPOTA LLC, fka Insite Solutions, LLC Follow

Represented By

CLIFFORD A. LOWE Follow

Represented By

Defendant - Cross-Appellant

ADVANCED PLASTICS, INC. Follow

Represented By

CROWN EQUIPMENT CORPORATION Follow

Represented By

SHIELDMARK, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 04/17/2023. [918679]Entry of Appearance is due on 05/08/2023. Certificate of Interest is due on 05/08/2023. Docketing Statement is due on 05/08/2023. Appellants' brief is due on 06/23/2023. [CMH] [Entered: 04/24/2023 04:29 PM]

Entry of Appearance for James F. McCarthy, III; Howard L. Wernow; David J. Sheikh as counsel for Appellees Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 05/02/2023 by email. [920711] [23-1786] [David Sheikh] [Entered: 05/02/2023 05:10 PM]

Entry of Appearance for Ray L. Weber; Laura J. Gentilcore as counsel for Appellants Clifford A. Lowe and Spota LLC. Service: 05/03/2023 by clerk. [920916] [23-1786] This document is non-compliant. See Doc No. [8] [Ray Weber] [Entered: 05/03/2023 03:39 PM]

Certificate of Interest for Appellants Clifford A. Lowe and Spota LLC. Service: 05/03/2023 by clerk. [920918] [23-1786] This document is non-compliant. See Doc No. [8] [Ray Weber] [Entered: 05/03/2023 03:41 PM]

Docketing Statement for the Appellants Clifford A. Lowe and Spota LLC. Service: 05/03/2023 by clerk. [920919] [23-1786] This document is non-compliant. See Doc No. [8] [Ray Weber] [Entered: 05/03/2023 03:43 PM]

Certificate of Interest for Appellees Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 05/05/2023 by email. [921467] [23-1786] [David Sheikh] [Entered: 05/05/2023 12:20 PM]

Docketing Statement for the Appellees Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 05/05/2023 by email. [921468] [23-1786] [David Sheikh] [Entered: 05/05/2023 12:22 PM]

Corrected Entry of Appearance for Ray L. Weber; Laura J. Gentilcore as counsel for Appellants Clifford A. Lowe and Spota LLC. Service: 05/10/2023 by email. [922570] [23-1786] [Ray Weber] [Entered: 05/10/2023 02:15 PM]

Corrected Certificate of Interest for Appellants Clifford A. Lowe and Spota LLC. Service: 05/10/2023 by email. [922573] [23-1786] [Ray Weber] [Entered: 05/10/2023 02:17 PM]

Corrected Docketing Statement for the Appellants Clifford A. Lowe and Spota LLC. Service: 05/10/2023 by email. [922576] [23-1786] [Ray Weber] [Entered: 05/10/2023 02:21 PM]

Amended Notice of Appeal for Clifford A. Lowe, Spota LLC, fka Insite Solutions, LLC. Service: 04/25/2023 by email. [923447] [CMH] [Entered: 05/15/2023 01:52 PM]

ORDER consolidating appeals 23-1786, 23-1871, and 23-1893. See full order for briefing schedule. Service as of this date by the Clerk of Court. [925214] [23-1786, 23-1871, 23-1893] [CMH] [Entered: 05/23/2023 09:57 AM]

Note to File: The following cases are consolidated: 23-1786 Lead with 23-1871 and 23-1893 Member Cases. The parties must file all documents in the lead appeal only. [925234] [23-1786, 23-1871, 23-1893] [CMH] [Entered: 05/23/2023 10:48 AM]

Amended Entry of Appearance for Ray L. Weber; Laura J. Gentilcore as counsel for Appellants Clifford A. Lowe and Spota LLC. Service: 05/25/2023 by email. [925886] [23-1786] [Ray Weber] [Entered: 05/25/2023 12:31 PM]

Amended Certificate of Interest for Appellants Clifford A. Lowe and Spota LLC. Service: 05/25/2023 by email. [925888] [23-1786] [Ray Weber] [Entered: 05/25/2023 12:33 PM]

Amended Docketing Statement for the Appellants Clifford A. Lowe and Spota LLC. Service: 05/25/2023 by email. [925889] [23-1786] [Ray Weber] [Entered: 05/25/2023 12:35 PM]

MOTION of Appellants Clifford A. Lowe and Spota LLC leave to waive brief requirements. Service: 06/13/2023 by email. [929765] [23-1786]--[Edited 06/15/2023 by JCA to correct relief] [Ray Weber] [Entered: 06/13/2023 03:30 PM]

RESPONSE of Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation to Doc No. [19]. Service: 06/14/2023 by email. [929979] [23-1786] [David Sheikh] [Entered: 06/14/2023 10:45 AM]

Amended Certificate of Interest for Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation. Service: 06/20/2023 by email. [931096] [23-1786] [David Sheikh] [Entered: 06/20/2023 03:35 PM]

MOTION of Cross-Appellants Shieldmark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation to extend the time to 09/27/2023 to file brief. Service: 08/21/2023 by email. [944689] [23-1786] [James McCarthy] [Entered: 08/21/2023 04:33 PM]

MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc. Service: 09/27/2023 by email. [952869]--[Edited 10/04/2023 by MMA - Reason: compliance review complete] [James McCarthy] [Entered: 09/27/2023 02:59 PM]

MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc. Service: 11/27/2023 by email. [965505]--[Edited 12/04/2023 by MMA - Reason: compliance review complete] [James McCarthy] [Entered: 11/27/2023 12:32 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [974521] [CAB] [Entered: 01/04/2024 12:59 PM]

6 paper copies of Doc. No. [31], [28], [23] received from Appellants Clifford A. Lowe and Spota LLC. [975880] [VDW] [Entered: 01/10/2024 03:12 PM]

6 paper copies of Doc. No. [27], [29] received from Cross-Appellants Advanced Plastics, Inc., Crown Equipment Corporation and Shieldmark, Inc.. [975887] [VDW] [Entered: 01/10/2024 03:21 PM]

Notice from Appellants Clifford A. Lowe and Spota LLC regarding conflicts with oral argument. Service: 01/10/2024 by email. [975722] [23-1786] [Ray Weber] [Entered: 01/10/2024 11:08 AM]

The following conflict dates submitted by Ray L. Weber for Clifford A. Lowe and Spota LLC have been accepted by the court: 08/05/2024, 08/06/2024, 08/07/2024. [975741] [MJL] [Entered: 01/10/2024 11:51 AM]

Notice from Cross-Appellants Shieldmark, Inc., Crown Equipment Corporation and Advanced Plastics, Inc. regarding conflicts with oral argument. Service: 01/10/2024 by email. [975916] [23-1786] [David Sheikh] [Entered: 01/10/2024 04:10 PM]

Opinion

Judgment

Track Case Updates

SPOTA LLC, fka Insite Solutions, LLC

CLIFFORD A. LOWE

ADVANCED PLASTICS, INC.

CROWN EQUIPMENT CORPORATION

SHIELDMARK, INC.