NM, LLC v. Purch Group, Inc.

1:16-cv-01310

Overview

Case Number 1:16-cv-01310

Filing Date 2016-12-27

Status Terminated

Termination Date 2017-09-07

Court District Court, D. Delaware (ded)

Presiding Judge Leonard P. Stark

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Purch Group, Inc.

Represented By

3 Attorneys Listed

Kenneth L. Stein

Email: kstein@stroock.com

Ian G. DiBernardo

Email: idibernardo@stroock.com

Philip A. Rovner

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

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

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

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

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Leonard P. Stark

Patents Involved

2 Patents

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US6430554	Espacenet Google Patents
-	US6651053	Espacenet Google Patents

Docket Entries

COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

2016-12-27

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COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

2016-12-27

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COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

2016-12-27

View

COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

2016-12-27

View

NM, LLC v. Purch Group, Inc.

Overview

Parties

Defendant

Purch Group, Inc. Follow

Represented By

Plaintiff

NM, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

COMPLAINT filed with Jury Demand against Purch Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2054497.) - filed by NM, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jcs) (Entered: 12/27/2016)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) (Entered: 12/27/2016)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,430,554; 6,651,053. (jcs) (Entered: 12/27/2016)

Summons Issued

Summons Issued with Magistrate Consent Notice attached as to Purch Group, Inc. on 12/27/2016. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (jcs)

Case Assigned/Reassigned

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)

SUMMONS Returned Executed by NM, LLC. Purch Group, Inc. served on 12/28/2016, answer due 1/18/2017. (Murray, Daniel) (Entered: 12/29/2016)

Order Referring Case to Magistrate Judge

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiff's Complaint to February 17, 2017 - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 01/06/2017)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED D.I. 6 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiff's Complaint to February 17, 2017 filed by Purch Group, Inc. Ordered by Judge Christopher J. Burke on 1/6/2017. (dlk)

PROPOSED ORDER - Procedures Order by NM, LLC. (Murray, Daniel) (Entered: 02/01/2017)

SO ORDERED D.I. 7 Proposed Procedures Order filed by NM, LLC. Ordered by Judge Christopher J. Burke on 2/1/2017. (dlk)

SO ORDERED

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiff's Complaint to March 20, 2017 - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 02/09/2017)

SO ORDEREDD.I. 8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiff's Complaint to March 20, 2017 filed by Purch Group, Inc. Ordered by Judge Christopher J. Burke on 2/8/2017. (dlk)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Ian G. DiBernardo and Kenneth L. Stein - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 02/13/2017)

SO ORDERED D.I. 9 MOTION for Pro Hac Vice Appearance of Attorney Ian G. DiBernardo and Kenneth L. Stein filed by Purch Group, Inc.. Ordered by Judge Christopher J. Burke on 2/14/2017. (dlk)

SO ORDERED

Pro Hac Vice Attorney Ian G. DiBernardo and Kenneth L. Stein for Purch Group, 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)

Add Attorneys - PHV only

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiff's Complaint to March 29, 2017 - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 03/17/2017)

SO ORDERED D.I. 10 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to Plaintiff's Complaint to March 29, 2017 filed by Purch Group, Inc. Ordered by Judge Christopher J. Burke on 3/17/2017. (dlk)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 03/29/2017)

OPENING BRIEF in Support re 11 MOTION to Dismiss for Failure to State a Claim filed by Purch Group, Inc..Answering Brief/Response due date per Local Rules is 4/12/2017. (Attachments: # 1 Exhibit A-I)(Rovner, Philip) (Entered: 03/29/2017)

OPENING BRIEF in Support re 11 MOTION to Dismiss for Failure to State a Claim filed by Purch Group, Inc..Answering Brief/Response due date per Local Rules is 4/12/2017. (Attachments: # 1 Exhibit A-I)(Rovner, Philip) (Entered: 03/29/2017)

MOTION REFERRED: 11 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlk)

Motions Referred

STIPULATION TO EXTEND TIME to FILE Answering Brief in Response to Defendant's Rule 12(b)(6) Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim under 35 U.S.C. §101 to April 26, 2017 - filed by NM, LLC. (O'Kelly, Sean) (Entered: 04/07/2017)

Order Setting Briefing Schedule - open, ans, reply, surreply AND SO ORDERED

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

Second STIPULATION TO EXTEND TIME to FILE Answering Brief in Response to Defendant's Rule 12(b)(6) Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim under 35 U.S.C. §101 to May 1, 2017 - filed by NM, LLC. (Murray, Daniel) (Entered: 04/25/2017)

~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

Oral Order

ANSWERING BRIEF in Opposition re 11 MOTION to Dismiss for Failure to State a Claim filed by NM, LLC.Reply Brief due date per Local Rules is 5/8/2017. (O'Kelly, Sean) (Entered: 05/01/2017)

STIPULATION TO EXTEND TIME to file its reply brief in further support of its Rule 12(b)(6) Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim under 35 U.S.C. §101 to May 15, 2017 - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 05/03/2017)

SO ORDERED

REPLY BRIEF re 11 MOTION to Dismiss for Failure to State a Claim filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 05/15/2017)

STIPULATION TO EXTEND TIME to SUBMIT (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the case to June 6, 2017 - filed by NM, LLC. (O'Kelly, Sean) (Entered: 05/24/2017)

SO ORDERED D.I. 19 STIPULATION TO EXTEND TIME to SUBMIT (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the case to June 6, 2017 filed by NM, LLC. Ordered by Judge Christopher J. Burke on 5/26/2017. (dlb)

SO ORDERED

Letter to Chief Judge Leonard P. Stark and Magistrate Judge Christopher J. Burke from Daniel P. Murray regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(Murray, Daniel) (Entered: 06/06/2017)

Letter to Chief Judge Leonard P. Stark and Magistrate Judge Christopher J. Burke from Daniel P. Murray regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(Murray, Daniel) (Entered: 06/06/2017)

Letter to Chief Judge Leonard P. Stark and Magistrate Judge Christopher J. Burke from Daniel P. Murray regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(Murray, Daniel) (Entered: 06/06/2017)

Order Setting Scheduling Conference: A Case Management/Scheduling Conference is set for 6/19/2017 at 03:00 PM in Chambers before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 6/8/2017. (dlb)

Order Setting Scheduling Conference

Scheduling Conference

ORDER Setting Mediation Conferences: A Telephone Conference is set for 7/10/2017 at 11:15 AM before Judge Christopher J. Burke.. Signed by Judge Christopher J. Burke on 6/21/2017. (mlc) (Entered: 06/21/2017)

ORAL ORDER: The teleconference scheduled for 7/10/17 at 11:15 AM with Judge Burke to discuss ADR has been rescheduled to 7/17/17 at 11:30 AM. Ordered by Judge Christopher J. Burke on 6/21/2017. (mlc)

Oral Order

PROPOSED ORDER -- Scheduling Order -- by NM, LLC. (Murray, Daniel) (Entered: 06/23/2017)

Case Referred to Mediation - Magistrate Judge only

STIPULATION TO EXTEND TIME to EXCHANGE Initial Disclosueres Pursuant to Federal Rule of Civil Procedure 26(a)(1) and to APPLY for a Protective Order to July 24, 2017 and July 31, 2017, respectively - filed by NM, LLC. (Murray, Daniel) (Entered: 07/07/2017)

SO ORDERED D.I. 24 STIPULATION TO EXTEND TIME to EXCHANGE Initial Disclosueres Pursuant to Federal Rule of Civil Procedure 26(a)(1) and to APPLY for a Protective Order to July 24, 2017 and July 31, 2017, respectively filed by NM, LLC. Ordered by Judge Christopher J. Burke on 7/10/2017. (dlb)

SO ORDERED

Second STIPULATION TO EXTEND TIME to EXCHANGE Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) and to APPLY for a Protective Order to August 7, 2017 and August 14, 2017, respectively to - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 07/21/2017)

SO ORDERED

Third STIPULATION TO EXTEND TIME to EXCHANGE Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) and to APPLY for a Protective Order to August 21, 2017 and August 28, 2017, respectively - filed by Purch Group, Inc.. (Rovner, Philip) (Entered: 08/07/2017)

ORAL ORDER Setting Mediation Conference: A Telephone Conference is set for 8/21/2017 at 10:15 AM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Signed by Judge Christopher J. Burke on 8/8/2017. (dlb)

SO ORDERED

Order Setting Mediation Conferences

STIPULATION of Dismissal by NM, LLC. (Murray, Daniel) (Entered: 09/05/2017)

Purch Group, Inc.

NM, LLC