Optinetix Inc. v. Walgreen Co.

COMPLAINT for Patent Infringement against Walgreen Co. ( Filing fee $ 402 receipt number 0540-8449462.), filed by Optinetix Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Anderson, Kirk) (Entered: 06/10/2021)

2021-06-10

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Anderson, Kirk) (Entered: 06/10/2021)

2021-06-10

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CORPORATE DISCLOSURE STATEMENT filed by Optinetix Inc. (Anderson, Kirk) (Entered: 06/10/2021)

2021-06-10

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Notice of Magistrate Availability

2021-06-10

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Jury Demand

2021-06-10

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Case Assigned/Reassigned

2021-06-10

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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, )

2021-06-10

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DEMAND for Trial by Jury by Optinetix Inc.. (bjc, )

2021-06-10

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Case assigned to District Judge Michael J. Truncale. (bjc, )

2021-06-10

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ORDERED that plaintiff has thirty days from the date of this order to request a summons and serve this lawsuit on defendant pursuant to FRCP 4(m). If defendant has not been served after thirty (30) days then the action will be dismissed without prejudice, unless plaintiff shows good cause for the failure of service. See FED. R. CIV. P. 4(m).. Signed by District Judge Michael J. Truncale on 7/21/2021. (bjc, ) (Entered: 07/21/2021)

2021-07-21

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MOTION to Change Venue to Sherman Division by Optinetix Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Kirk) (Entered: 07/31/2021)

2021-07-31

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SUMMONS issued and emailed to plaintiff's attorney for service as to Walgreen Co. (bjc, ) (Entered: 08/02/2021)

2021-08-02

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AFFIDAVIT of Service by Optinetix Inc. Walgreen Co. served on 8/4/2021, answer due 8/25/2021. (Anderson, Kirk) Modified on 8/18/2021 (tkd, ). (Entered: 08/17/2021)

2021-08-17

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RESPONSE in Opposition re 5 MOTION to Change Venue to Sherman Division filed by Walgreen Co.. (Attachments: # 1 Text of Proposed Order)(Wyatt, Lance) (Entered: 08/23/2021)

2021-08-23

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NOTICE of Attorney Appearance by Adil A. Shaikh on behalf of Walgreen Co. (Shaikh, Adil) (Entered: 08/23/2021)

2021-08-23

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NOTICE of Attorney Appearance by Neil J McNabnay on behalf of Walgreen Co. (McNabnay, Neil) (Entered: 08/23/2021)

2021-08-23

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CORPORATE DISCLOSURE STATEMENT filed by Walgreen Co. identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen Co.. (Shaikh, Adil) (Entered: 08/25/2021)

2021-08-25

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ANSWER to 1 Complaint, Affirmative Defenses and, COUNTERCLAIM against Optinetix Inc. by Walgreen Co..(Shaikh, Adil) (Entered: 08/25/2021)

2021-08-25

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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, )

2021-08-25

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Notice of Magistrate Availability

2021-08-25

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REPLY to Response to Motion re 5 MOTION to Change Venue to Sherman Division filed by Optinetix Inc.. (Anderson, Kirk) (Entered: 08/30/2021)

2021-08-30

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RESPONSE to 12 Answer to Complaint, Counterclaim by Optinetix Inc.. (Anderson, Kirk) (Entered: 09/14/2021)

2021-09-14

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MOTION for Judgment on the Pleadings by Walgreen Co.. (Attachments: # 1 Text of Proposed Order)(Wyatt, Lance) (Additional attachment(s) added on 11/3/2021: # 2 Revised Proposed Order) (bjc, ). (Entered: 11/03/2021)

2021-11-03

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RESPONSE in Opposition re 16 MOTION for Judgment on the Pleadings filed by Optinetix Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Kirk) (Entered: 11/17/2021)

2021-11-17

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Joint MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Judgment on the Pleadings by Walgreen Co.. (Attachments: # 1 Text of Proposed Order)(Wyatt, Lance) (Entered: 11/23/2021)

2021-11-23

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ORDER granting 18 Motion for Extension of Time. The Defendant's deadline to file its reply to Defendant's motion for judgment on the pleadings [dkt 16] is December 3, 2021, and Plaintiff's deadline to file its sur-reply is December 17, 2021. Signed by District Judge Michael J. Truncale on 12/1/2021. (bjc, ) (Entered: 12/01/2021)

2021-12-01

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REPLY to Response to Motion re 16 MOTION for Judgment on the Pleadings filed by Walgreen Co.. (Shaikh, Adil) (Entered: 12/03/2021)

2021-12-03

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ORDERED that Rule 26(f) Attorney Conference must occur by December 31, 2021. Rule 16 Case Management/Scheduling Conference set for 2/1/2022 10:00 AM in Courtroom 2 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 12/3/2021. (bjc, ) (Entered: 12/03/2021)

2021-12-03

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ORDER denying 5 Motion to Change Venue. Signed by District Judge Michael J. Truncale on 12/6/2021. (bjc, ) (Entered: 12/06/2021)

2021-12-06

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SUR-REPLY to Reply to Response to Motion re 16 MOTION for Judgment on the Pleadings filed by Optinetix Inc.. (Anderson, Kirk) (Entered: 12/17/2021)

2021-12-17

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REPORT of Rule 26(f) Planning Meeting. (Anderson, Kirk) (Entered: 01/14/2022)

2022-01-14

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NOTICE of Discovery Disclosure by Optinetix Inc. (Anderson, Kirk) (Entered: 01/24/2022)

2022-01-24

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Agreed MOTION to Dismiss by Optinetix Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Kirk) (Entered: 01/31/2022)

2022-01-31

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ORDERED that Plaintiffs claims for relief against Defendant are DISMISSED WITH PREJUDICE; Defendants claims, defenses, and/or counterclaims for relief against Plaintiff are DISMISSED WITHOUT PREJUDICE; and the Parties shall bear their own attorneys fees and costs. Ordered that all Court dates and deadlines are hereby vacated, and all pending motions in this matter be DENIED as moot. Signed by District Judge Michael J. Truncale on 2/1/2022. (bjc, ) (Entered: 02/02/2022)

2022-02-01

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Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 2/1/2022. Attorneys present: Kirk Anderson, Grant McArhtur, Lance Wyatt Jr.. (Court Reporter None.) (jmv, )

2022-02-01

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed via CM/ECF system to the Director of the U.S. Patent and Trademark Office. (bjc, ) (Entered: 02/02/2022)

2022-02-02

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Scheduling Conference

2022-02-03

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Overview

Parties

Defendant

Walgreen Co. Follow

Represented By

Plaintiff

Optinetix Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against Walgreen Co. ( Filing fee $ 402 receipt number 0540-8449462.), filed by Optinetix Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Anderson, Kirk) (Entered: 06/10/2021)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Anderson, Kirk) (Entered: 06/10/2021)

CORPORATE DISCLOSURE STATEMENT filed by Optinetix Inc. (Anderson, Kirk) (Entered: 06/10/2021)

Notice of Magistrate Availability

Jury Demand

Case Assigned/Reassigned

DEMAND for Trial by Jury by Optinetix Inc.. (bjc, )

Case assigned to District Judge Michael J. Truncale. (bjc, )

MOTION to Change Venue to Sherman Division by Optinetix Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Kirk) (Entered: 07/31/2021)

SUMMONS issued and emailed to plaintiff's attorney for service as to Walgreen Co. (bjc, ) (Entered: 08/02/2021)

AFFIDAVIT of Service by Optinetix Inc. Walgreen Co. served on 8/4/2021, answer due 8/25/2021. (Anderson, Kirk) Modified on 8/18/2021 (tkd, ). (Entered: 08/17/2021)

RESPONSE in Opposition re 5 MOTION to Change Venue to Sherman Division filed by Walgreen Co.. (Attachments: # 1 Text of Proposed Order)(Wyatt, Lance) (Entered: 08/23/2021)

NOTICE of Attorney Appearance by Adil A. Shaikh on behalf of Walgreen Co. (Shaikh, Adil) (Entered: 08/23/2021)

NOTICE of Attorney Appearance by Neil J McNabnay on behalf of Walgreen Co. (McNabnay, Neil) (Entered: 08/23/2021)

CORPORATE DISCLOSURE STATEMENT filed by Walgreen Co. identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen Co.. (Shaikh, Adil) (Entered: 08/25/2021)

ANSWER to 1 Complaint, Affirmative Defenses and, COUNTERCLAIM against Optinetix Inc. by Walgreen Co..(Shaikh, Adil) (Entered: 08/25/2021)

Notice of Magistrate Availability

REPLY to Response to Motion re 5 MOTION to Change Venue to Sherman Division filed by Optinetix Inc.. (Anderson, Kirk) (Entered: 08/30/2021)

RESPONSE to 12 Answer to Complaint, Counterclaim by Optinetix Inc.. (Anderson, Kirk) (Entered: 09/14/2021)

MOTION for Judgment on the Pleadings by Walgreen Co.. (Attachments: # 1 Text of Proposed Order)(Wyatt, Lance) (Additional attachment(s) added on 11/3/2021: # 2 Revised Proposed Order) (bjc, ). (Entered: 11/03/2021)

RESPONSE in Opposition re 16 MOTION for Judgment on the Pleadings filed by Optinetix Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Kirk) (Entered: 11/17/2021)

Joint MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Judgment on the Pleadings by Walgreen Co.. (Attachments: # 1 Text of Proposed Order)(Wyatt, Lance) (Entered: 11/23/2021)

REPLY to Response to Motion re 16 MOTION for Judgment on the Pleadings filed by Walgreen Co.. (Shaikh, Adil) (Entered: 12/03/2021)

ORDER denying 5 Motion to Change Venue. Signed by District Judge Michael J. Truncale on 12/6/2021. (bjc, ) (Entered: 12/06/2021)

SUR-REPLY to Reply to Response to Motion re 16 MOTION for Judgment on the Pleadings filed by Optinetix Inc.. (Anderson, Kirk) (Entered: 12/17/2021)

REPORT of Rule 26(f) Planning Meeting. (Anderson, Kirk) (Entered: 01/14/2022)

NOTICE of Discovery Disclosure by Optinetix Inc. (Anderson, Kirk) (Entered: 01/24/2022)

Agreed MOTION to Dismiss by Optinetix Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Kirk) (Entered: 01/31/2022)

Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 2/1/2022. Attorneys present: Kirk Anderson, Grant McArhtur, Lance Wyatt Jr.. (Court Reporter None.) (jmv, )

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed via CM/ECF system to the Director of the U.S. Patent and Trademark Office. (bjc, ) (Entered: 02/02/2022)

Scheduling Conference

Track Case Updates

Walgreen Co.

Optinetix Inc.