MKS Instruments, Inc. v. Celerity, Inc.

5:08-cv-00157

Overview

Case Number 5:08-cv-00157

Filing Date 2008-09-08

Status Terminated

Termination Date 2009-03-11

Court District Court, E.D. Texas (txed)

Presiding Judge T. John Ward

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 15:1126 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Celerity, Inc.

Represented By

4 Attorneys Listed

Sidney Calvin Capshaw , III

Capshaw DeRieux LLP

Tel: +1 (903) 845-5770

114 E Commerce Avenue, Gladewater, TX 75647

Robert E Camors , Jr

Law Offices of Bob Camors

Tel: +1 (408) 391-4099

Fax: +1 (408) 573-5743

50 West San Fernando Street, Suite 1400

Elizabeth L DeRieux

Capshaw DeRieux LLP

Tel: +1 (903) 845-5770

114 E Commerce Avenue, Gladewater, TX 75647

Claire Abernathy Henry

Ward, Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

1507 Bill Owens Parkway, Longview, TX 75604

Plaintiff

MKS Instruments, Inc.

Represented By

5 Attorneys Listed

Sarah Chapin Columbia

McDermott Will & Emery LLP - Boston

Tel: +1 (617) 535-4074

Fax: +1 (617) 535-3800

28 State Street, Boston, MA 02109-1775

Matthew E Leno

McDermott Will & Emery LLP - Boston

Tel: +1 (617) 535-4000

Fax: +1 (617) 535-3800

28 State Street, Boston, MA 02109-1775

M. Dru Montgomery

The Heartfield Law Firm

Tel: +1 (409) 866-3318

Fax: +1 (409) 866-5789

2195 Dowlen Road, Beaumont, TX 77706

David M Stein

Greenberg Gross LLP

Tel: +1 (949) 383-2800

Fax: +1 (949) 383-2801

650 Town Center Drive, Suite 1700, Costa Mesa, CA 92626

J Thad Heartfield

The Heartfield Law Firm

Tel: +1 (409) 866-3318

Fax: +1 (409) 866-5789

2195 Dowlen Rd, Beaumont, TX 77706

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

T. John Ward

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against Celerity, Inc. ( Filing fee $ 350 receipt number 05400000000001685277.), filed by MKS Instruments, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Heartfield, J) (Entered: 09/08/2008)

2008-09-08

View

CORPORATE DISCLOSURE STATEMENT filed by MKS Instruments, Inc. (Heartfield, J) (Entered: 09/08/2008)

2008-09-08

View

NOTICE by MKS Instruments, Inc. Form to Patent and Trademark Office (Heartfield, J) (Entered: 09/08/2008)

2008-09-08

View

Case Assigned to Judge T. John Ward. (mpv, )

2008-09-08

No Actions

MKS Instruments, Inc. v. Celerity, Inc.

Overview

Parties

Defendant

Celerity, Inc. Follow

Represented By

Plaintiff

MKS Instruments, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Celerity, Inc. ( Filing fee $ 350 receipt number 05400000000001685277.), filed by MKS Instruments, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Heartfield, J) (Entered: 09/08/2008)

CORPORATE DISCLOSURE STATEMENT filed by MKS Instruments, Inc. (Heartfield, J) (Entered: 09/08/2008)

NOTICE by MKS Instruments, Inc. Form to Patent and Trademark Office (Heartfield, J) (Entered: 09/08/2008)

Case Assigned to Judge T. John Ward. (mpv, )

AMENDED COMPLAINT against Celerity, Inc., filed by MKS Instruments, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Heartfield, J) (Entered: 09/09/2008)

NOTICE by MKS Instruments, Inc. re 3 Notice (Other) (Heartfield, J) (Entered: 09/09/2008)

E-GOV SEALED SUMMONS Issued as to Celerity, Inc.. (mpv, ) (Entered: 09/09/2008)

NOTICE of Attorney Appearance by David M Stein on behalf of MKS Instruments, Inc. (Stein, David) (Entered: 09/09/2008)

***FILED IN ERROR; PLEASE IGNORE***APPLICATION to Appear Pro Hac Vice by Attorney Sarah Chapin Columbia for MKS Instruments, Inc. APPROVED; RECEIPT #5-1-1462. (mpv, ) Modified on 9/15/2008 (mpv, ). (Entered: 09/12/2008)

***REPLACES #8***APPLICATION to Appear Pro Hac Vice by Attorney Sarah Chapin Columbia for MKS Instruments, Inc.APPROVED, RECEIPT # 5-1-1462 (mpv, ) (Entered: 09/15/2008)

APPLICATION to Appear Pro Hac Vice by Attorney Matthew L Leno for MKS Instruments, Inc.RECEIPT 5-1-1462. (rml, ) (Entered: 09/15/2008)

***FILED IN ERROR. Document # 8, Application to Appear Pro Hac Vice. PLEASE IGNORE. Not signed by clerk, clerk will refile corrected document.*** (mpv, )

E-GOV SEALED SUMMONS REISSUED as to Celerity, Inc.. (mpv, ) (Entered: 09/25/2008)

E-GOV SEALED SUMMONS Returned Executed by MKS Instruments, Inc.. Celerity, Inc. served on 9/26/2008, answer due 10/16/2008. (mpv, ) (Entered: 10/03/2008)

NOTICE of Attorney Appearance by M. Dru Montgomery on behalf of MKS Instruments, Inc. (Montgomery, M.) (Entered: 10/03/2008)

NOTICE of Attorney Appearance by Sidney Calvin Capshaw, III on behalf of Celerity, Inc. (Capshaw, Sidney) (Entered: 10/13/2008)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Celerity, Inc..( Capshaw, Sidney) (Entered: 10/13/2008)

NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Celerity, Inc. (DeRieux, Elizabeth) (Entered: 10/13/2008)

NOTICE of Attorney Appearance by Nancy Claire Abernathy on behalf of Celerity, Inc. (Abernathy, Nancy) (Entered: 10/13/2008)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Celerity, Inc. to 11/17/2008. 30 Days Granted for Deadline Extension.( sm, )

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Celerity, Inc..( Capshaw, Sidney) (Entered: 11/03/2008)

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Celerity, Inc. to 12/2/2008. 15 Days Granted for Deadline Extension.( mpv, )

Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Celerity, Inc..( Capshaw, Sidney) (Entered: 11/21/2008)

Defendant's Unopposed Third Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Celerity, Inc. to 1/5/2009. 34 Days Granted for Deadline Extension.( mpv, )

NOTICE of Attorney Appearance by Robert E Camors, Jr on behalf of Celerity, Inc. (Camors, Robert) (Entered: 12/31/2008)

Agreed MOTION for Extension of Time to File Answer re 4 Amended Complaint by MKS Instruments, Inc., Celerity, Inc.. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: 01/02/2009)

ORDER granting 21 Motion for Extension of Time to Answer amended comoplaint until February 6, 2009.. Signed by Judge T. John Ward on 1/5/2009. (sm, ) (Entered: 01/05/2009)

Answer Due Deadline Updated for Celerity, Inc. to 2/6/2009. (sm, )

NOTICE of Voluntary Dismissal by MKS Instruments, Inc. (Heartfield, J) (Additional attachment(s) added on 2/9/2009: # 1 Text of Proposed Order) (sm, ). (Entered: 02/06/2009)

Track Case Updates

Celerity, Inc.

MKS Instruments, Inc.

FILED IN ERROR; PLEASE IGNOREAPPLICATION to Appear Pro Hac Vice by Attorney Sarah Chapin Columbia for MKS Instruments, Inc. APPROVED; RECEIPT #5-1-1462. (mpv, ) Modified on 9/15/2008 (mpv, ). (Entered: 09/12/2008)

REPLACES #8APPLICATION to Appear Pro Hac Vice by Attorney Sarah Chapin Columbia for MKS Instruments, Inc.APPROVED, RECEIPT # 5-1-1462 (mpv, ) (Entered: 09/15/2008)

FILED IN ERROR. Document # 8, Application to Appear Pro Hac Vice. PLEASE IGNORE. Not signed by clerk, clerk will refile corrected document. (mpv, )