NM, LLC v. Dick's Sporting Goods, Inc.

1:16-cv-00789

Overview

Case Number 1:16-cv-00789

Filing Date 2016-09-07

Status Terminated

Termination Date 2018-10-26

Court District Court, D. Delaware (ded)

Presiding Judge Maryellen Noreika

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

Dick's Sporting Goods, Inc.

Represented By

5 Attorneys Listed

Emily Chambers Welch

Email: emily.welch@alston.com

Robert L. Lee

Email: Bob.Lee@alston.com

Anne Shea Gaza

Young, Conaway, Stargatt & Taylor LLP

Tel: +1 (302) 571-6727

Rodney Square, 1000 North King Street

Samantha G. Wilson

Young, Conaway, Stargatt & Taylor LLP

Tel: +1 (302) 571-5018

Rodney Square, 1000 North King Street

Leah W. Feinman

Email: leah.feinman@alston.com

Plaintiff

NM, LLC

Represented By

3 Attorneys Listed

Gerard M. O'Rourke

O'Rourke Law Office, LLC

Tel: +1 (484) 770-8046

1201 N. Orange Street, Suite 7260

Sean T. O'Kelly

O'Kelly & Ernst, LLC

Tel: +1 (302) 778-4000

Fax: +1 (302) 295-2873

O'Kelly & Ernst, LLC, 824 N. Market Street

Daniel Patrick Murray

New Castle County Department of Public Works

Tel: +1 (302) 395-5320

Fax: +1 (302) 395-5870

New Castle County Department of Public Works, 187-A Old Churchmans Road

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Maryellen Noreika

Patents Involved

4 Patents

There are 4 patents involved in this case.

Application Number	Patent Number	External Links
-	US6199048	Espacenet Google Patents
-	US8131597	Espacenet Google Patents
-	US6993573	Espacenet Google Patents
-	US7430588	Espacenet Google Patents

Docket Entries

COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Dick's Sporting Goods, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1991586.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(nmb) (Entered: 09/08/2016)

2016-09-07

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Dick's Sporting Goods, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1991586.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(nmb) (Entered: 09/08/2016)

2016-09-07

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Dick's Sporting Goods, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1991586.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(nmb) (Entered: 09/08/2016)

2016-09-07

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Dick's Sporting Goods, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1991586.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(nmb) (Entered: 09/08/2016)

2016-09-07

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NM, LLC v. Dick's Sporting Goods, Inc.

Overview

Parties

Defendant

Dick's Sporting Goods, Inc. Follow

Represented By

Plaintiff

NM, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmb) (Entered: 09/08/2016)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,199,048 B1; 8,131,597 B2. (nmb) (Entered: 09/08/2016)

Summons Issued

SUMMONS Returned Executed by NM, LLC. Dick's Sporting Goods, Inc. served on 9/12/2016, answer due 10/3/2016. (O'Kelly, Sean) (Entered: 09/13/2016)

Case Assigned/Reassigned

STIPULATION TO EXTEND TIME for Defendants to move against, answer or otherwise plead in response to the Complaint to November 2, 2016 - filed by Dick's Sporting Goods, Inc.. (Gaza, Anne) (Entered: 09/28/2016)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Robert L. Lee - filed by Dick's Sporting Goods, Inc.. (Wilson, Samantha) (Entered: 10/03/2016)

SO ORDERED

Add Attorneys - PHV only

ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against NM, LLC by Dick's Sporting Goods, Inc..(Gaza, Anne) (Entered: 11/02/2016)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Dick's Sporting Goods, Inc.. (Gaza, Anne) (Entered: 11/02/2016)

NOTICE of Appearance by Samantha G. Wilson on behalf of Dick's Sporting Goods, Inc. (Wilson, Samantha) (Entered: 11/16/2016)

MOTION for Pro Hac Vice Appearance of Attorney Leah W. Feinman - filed by The TJX Companies, Inc., Dick's Sporting Goods, Inc.. (Wilson, Samantha) (Entered: 11/21/2016)

Letter to The Honorable Sue L. Robinson from Sean T. O'Kelly regarding Response to the Court's November 8, 2016 Order regarding Case Coordination and Schedule. (O'Kelly, Sean) (Entered: 11/22/2016)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by NM, LLC. (Attachments: # 1 Text of Proposed Order)(O'Kelly, Sean) (Entered: 11/23/2016)

OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim filed by NM, LLC.Answering Brief/Response due date per Local Rules is 12/12/2016. (O'Kelly, Sean) (Entered: 11/23/2016)

Add Attorneys - PHV only

AMENDED ANSWER to 1 Complaint,, COUNTERCLAIM against NM, LLC by Dick's Sporting Goods, Inc.. (Gaza, Anne) (Entered: 12/12/2016)

RESPONSE to Motion re 13 MOTION to Dismiss for Failure to State a Claim - Defendant Dick's Sporting Goods, Inc.'s Response in Opposition to Plaintiff's Motion to Dismiss Defendant's Counterclaims - filed by Dick's Sporting Goods, Inc.. (Gaza, Anne) (Entered: 12/12/2016)

ANSWER to 16 Amended Answer to Complaint, Counterclaim by NM, LLC.(O'Kelly, Sean) (Entered: 01/03/2017)

MOTION for Pro Hac Vice Appearance of Attorney Michael K. Botts - filed by NM, LLC. (O'Kelly, Sean) (Entered: 01/09/2017)

PROPOSED ORDER - Scheduling Order by NM, LLC. (Attachments: # 1 Cover Letter)(O'Kelly, Sean) (Entered: 01/09/2017)

Remark

Scheduling Conference

ORDER- A Discovery Review Hearing is set for 4/24/2017 at 11:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 1/12/2017. Associated Cases: 1:16-cv-00789-SLR-SRF, 1:16-cv-00813-SLR-SRF(lih) (Entered: 01/12/2017)

SO ORDERED

NOTICE OF SERVICE of Defendant Dick's Sporting Goods, Inc.'s Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Dick's Sporting Goods, Inc..(Wilson, Samantha) (Entered: 02/16/2017)

NOTICE OF SERVICE of Plaintiff's Disclosures of Accused Products and Claims filed by NM, LLC.(O'Kelly, Sean) (Entered: 03/03/2017)

NOTICE OF SERVICE of Defendant Dick's Sporting Goods, Inc.'s Disclosure Pursuant to Section 1(c)(3) of the Scheduling Order filed by Dick's Sporting Goods, Inc..(Wilson, Samantha) (Entered: 03/24/2017)

Oral Order AND ~Util - Set Hearings

NOTICE of Appearance by Gerard M. O'Rourke on behalf of NM, LLC (O'Rourke, Gerard) (Entered: 04/19/2017)

STIPULATION TO EXTEND TIME for Plaintiff to Serve Their Initial Claim Chart Upon Defendants to May 22, 2017 - filed by NM, LLC. (Murray, Daniel) (Entered: 04/21/2017)

SO ORDERED

NOTICE requesting Clerk to remove Leah W. Feinman as co-counsel.. (Wilson, Samantha) (Entered: 04/27/2017)

MOTION for Pro Hac Vice Appearance of Attorney Emily Chambers Welch - filed by The TJX Companies, Inc., Dick's Sporting Goods, Inc.. Motions referred to Sherry R. Fallon.(Wilson, Samantha) (Entered: 05/04/2017)

STIPULATION TO EXTEND TIME Certain Additional Dates in the Scheduling Order to (See Stipulation for Details) - filed by NM, LLC. (Murray, Daniel) (Entered: 05/04/2017)

SO ORDERED

Pro Hac Vice Attorney Emily Chambers Welch for Dick's Sporting Goods, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

Scheduling Order - Patent AND SO ORDERED

Add Attorneys - PHV only

NOTICE OF SERVICE of Plaintiff NM, LLC's INitial Infringment Contentions to Defendants Dicks Sporting Goods, Inc. and The TJX Companies, Inc. filed by NM, LLC.(O'Kelly, Sean) (Entered: 05/22/2017)

NOTICE OF SERVICE of Plaintiff NM, LLC's First Set of Interrogatories and Requests for Production directed to Defendants Dicks Sporting Goods, Inc. and The TJX Companies, Inc. filed by NM, LLC.(O'Kelly, Sean) (Entered: 05/26/2017)

Oral Order

STIPULATION TO EXTEND TIME for Defendants to serve their initial invalidity contentions to July 17, 2017 - filed by The TJX Companies, Inc., Dick's Sporting Goods, Inc.. (Wilson, Samantha) (Entered: 06/16/2017)

SO ORDERED- re (34 in 1:16-cv-00813-SLR-SRF, 33 in 1:16-cv-00789-SLR-SRF) STIPULATION TO EXTEND TIME for Defendants to serve their initial invalidity contentions to July 17, 2017. Signed by Judge Sherry R. Fallon on 6/21/2017. Associated Cases: 1:16-cv-00789-SLR-SRF, 1:16-cv-00813-SLR-SRF(lih)

SO ORDERED

STIPULATION TO EXTEND TIME for the parties to exchange claim terms in need of construction and proposed constructions to June 30, 2017 - filed by The TJX Companies, Inc., Dick's Sporting Goods, Inc.. (Wilson, Samantha) (Entered: 06/23/2017)

SO ORDERED

Set/Reset Hearings

STIPULATION to Amend Scheduling Order by The TJX Companies, Inc., Dick's Sporting Goods, Inc.. (Wilson, Samantha) Modified on 6/30/2017 (lih). (Entered: 06/30/2017)

SO ORDERED AND Scheduling Order - Patent

NOTICE OF SERVICE of Defendant Dick's Sporting Goods, Inc.'s First Set of Requests for Production (Nos. 1-22) to Plaintiff NM, LLC filed by Dick's Sporting Goods, Inc..(Wilson, Samantha) (Entered: 07/12/2017)

NOTICE OF SERVICE of Defendants Dick's Sporting Goods, Inc.'s and The TJX Companies, Inc.'s Initial Invalidity Contentions filed by The TJX Companies, Inc., Dick's Sporting Goods, Inc..(Wilson, Samantha) (Entered: 07/20/2017)

STIPULATION TO EXTEND TIME to EXCHANGE Claim Terms and SUBMIT the Joint Claim Construction Statement to August 4, 2017 and August 11, 2017, respectively - filed by NM, LLC. (Murray, Daniel) (Entered: 07/28/2017)

NOTICE OF SERVICE of Defendants' First Amended Invalidity Contentions filed by The TJX Companies, Inc., Dick's Sporting Goods, Inc..(Wilson, Samantha) (Entered: 08/01/2017)

Case Reassigned to Judge Joseph F. Bataillon of the District of Nebraska (in lieu of Vacant Judgeship). Please include the initials of the Judge (JFB) after the case number on all documents filed. Associated Cases: 1:16-cv-00789-JFB-SRF, 1:16-cv-00813-JFB-SRF (rjb)

Case Assigned (in lieu of Vacant Judgeship)

SO ORDERED

STIPULATION TO EXTEND TIME Proposed Constructions and Joint Claim Construction Statement to August 18, 2017 and August 25, 2017 - filed by NM, LLC. (O'Kelly, Sean) (Entered: 08/04/2017)

SO ORDERED

Oral Order

Letter to The Honorable Sherry R. Fallon from Sean T. O'Kelly regarding Joint Status Report regarding Discovery. (O'Kelly, Sean) (Entered: 08/11/2017)

Oral Order AND ~Util - Set Hearings

SO ORDERED- re 41 STIPULATION TO EXTEND TIME Proposed Constructions and Joint Claim Construction Statement to August 18, 2017 and August 25, 2017. Signed by Judge Sherry R. Fallon on 8/17/2017. (lih)

SO ORDERED AND ~Util - Set Scheduling Order Deadlines

STIPULATION to SUSPEND SCHEDULING ORDER re (21 in 1:16-cv-00789-JFB-SRF, 21 in 1:16-cv-00813-JFB-SRF) Scheduling Order by NM, LLC. (Murray, Daniel) Modified on 8/21/2017 (lih). (Entered: 08/18/2017)

Dick's Sporting Goods, Inc.

NM, LLC