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Optolum, Inc. v. Cree, Inc.

22-1511

Overview

Case Number 22-1511

Filing Date 2022-03-04

Status Litigation filed

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Defendant - Appellee

CREE, INC.

Represented By

3 Attorneys Listed

Peter Daniel Siddoway

Sage Patent Group

2301 Sugar Bush Road, Suite 200

Edwin Garcia, Counsel

Firm: 202-879-3639

Jones Day, 51 Louisiana Avenue NW

Blaney Harper, Esq., -

Firm: 202-879-3639

Jones Day, 51 Louisiana Avenue NW

Plaintiff - Appellant

OPTOLUM, INC.

Represented By

3 Attorneys Listed

Jacob Steven Wharton, Attorney

Womble Bond Dickinson (US) LLP

One West Fourth Street, Winston-Salem, NC 27101

Leah R. McCoy, Attorney

McCarter & English, LLP

265 Franklin Street, Boston, MA 02110

Leigh John Martinson, Esq., Counsel

McCarter & English, LLP

265 Franklin Street, Boston, MA 02110

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 03/03/2022. [834960]Entry of Appearance is due on 03/18/2022. Certificate of Interest is due on 03/18/2022. Docketing Statement is due on 03/18/2022. Appellant's brief is due on 05/03/2022. [ALK] [Entered: 03/04/2022 01:37 PM]

2022-03-04

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Entry of appearance for Blaney Harper; Edwin O. Garcia; Peter D. Siddoway as counsel for Appellee Cree, Inc.. Service: 03/18/2022 by email. [837652] [22-1511] [Blaney Harper] [Entered: 03/18/2022 01:26 PM]

2022-03-18

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Certificate of Interest for Appellee Cree, Inc.. Service: 03/18/2022 by email. [837653] [22-1511] [Blaney Harper] [Entered: 03/18/2022 01:27 PM]

2022-03-18

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Docketing Statement for the Appellee Cree, Inc.. Service: 03/18/2022 by email. [837656] [22-1511] [Blaney Harper] [Entered: 03/18/2022 01:28 PM]

2022-03-18

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Certificate of Interest for Appellant OptoLum, Inc.. Service: 03/18/2022 by email. [837675] [22-1511] [Leah McCoy] [Entered: 03/18/2022 01:55 PM]

2022-03-18

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Docketing Statement for the Appellant OptoLum, Inc.. Service: 03/18/2022 by email. [837677] [22-1511] [Leah McCoy] [Entered: 03/18/2022 01:56 PM]

2022-03-18

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Entry of appearance for Leigh J. Martinson; Leah R. McCoy; Jacob S. Wharton as counsel for Appellant OptoLum, Inc.. Service: 03/18/2022 by email. [837678] [22-1511] This document is non-compliant. See Doc No.[8] [Leah McCoy] [Entered: 03/18/2022 01:58 PM]

2022-03-18

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NOTICE OF NON-COMPLIANCE: The submission of Appellant OptoLum, Inc., Entry of Appearance [7], is not in compliance with the rules of this court (see attached). Compliant document due on 03/28/2022. Service as of this date by the Clerk of Court. [837828] [JCW] [Entered: 03/21/2022 08:52 AM]

2022-03-21

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Amended Entry of appearance for Leigh J. Martinson; Leah R. McCoy; Jacob S. Wharton as counsel for Appellant OptoLum, Inc.. Service: 03/21/2022 by email. [838033] [22-1511] [Leah McCoy] [Entered: 03/21/2022 03:53 PM]

2022-03-21

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MOTION of Appellant OptoLum, Inc. to extend the time to 06/02/2022 to file brief. Service: 04/19/2022 by email. [844147] [22-1511] [Leah McCoy] [Entered: 04/19/2022 03:43 PM]

2022-04-19

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TEXT ONLY ORDER granting motion to extend time to file brief [10] filed by Appellant OptoLum, Inc. The opening brief is due 06/02/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [844150] [JCW] [Entered: 04/19/2022 03:47 PM]

2022-04-19

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MOTION of Appellant OptoLum, Inc. to extend the time to 07/18/2022 to file brief. Service: 05/20/2022 by email. [850984] [22-1511] [Leah McCoy] [Entered: 05/20/2022 01:21 PM]

2022-05-20

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ORDER granting motion to extend time to file brief [12] filed by Appellant OptoLum, Inc. The opening brief is due 07/18/2022. Service as of this date by the Clerk of Court. [852469] [NL] [Entered: 05/27/2022 02:15 PM]

2022-05-27

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MODIFIED ENTRY: OPENING BRIEF FILED by Appellant OptoLum, Inc.. Service: 07/18/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [861533] --[Edited 07/18/2022 by JCW - compliance review complete] [Leigh Martinson] [Entered: 07/18/2022 01:00 PM]

2022-07-18

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MOTION of Appellee Cree, Inc. to extend the time to 10/28/2022 to file brief. Service: 07/29/2022 by email. [863913] [22-1511] [Blaney Harper] [Entered: 07/29/2022 04:12 PM]

2022-07-29

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TEXT ONLY ORDER granting motion to extend time to file brief [15] filed by Appellee Cree, Inc.. The response brief is due 10/28/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [863916] [JCW] [Entered: 07/29/2022 04:15 PM]

2022-07-29

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MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Cree, Inc.. Service: 10/28/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [880946] --[Edited 11/08/2022 by KMH - compliance review complete] This document is non-compliant. See Doc No. [23] [Blaney Harper] [Entered: 10/28/2022 03:47 PM]

2022-10-28

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MOTION of Appellant OptoLum, Inc. to extend the time to 12/02/2022 to file brief. Service: 11/04/2022 by email. [882227] [22-1511] [Leah McCoy] [Entered: 11/04/2022 12:02 PM]

2022-11-04

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TEXT ONLY ORDER granting motion to extend time to file brief [18] filed by Appellant OptoLum, Inc. The reply brief is due 12/02/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [882783] [KMH] [Entered: 11/08/2022 01:27 PM]

2022-11-08

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MODIFIED ENTRY: REPLY BRIEF FILED by Appellant OptoLum, Inc.. Service: 12/02/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [888015] --[Edited 12/14/2022 by KMH - compliance review complete] [Leah McCoy] [Entered: 12/02/2022 04:03 PM]

2022-12-02

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MODIFIED ENTRY: APPENDIX FILED by Appellant OptoLum, Inc. and Appellee Cree, Inc.. Service: 12/09/2022 by email. [889696] --[Edited 12/23/2022 by KMH - compliance review complete] [Leah McCoy] [Entered: 12/09/2022 02:53 PM]

2022-12-09

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MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellant OptoLum, Inc. and Appellee Cree, Inc.. Service: 12/09/2022 by email. [889698]--[Edited 12/23/2022 by KMH - compliance review complete] [Leah McCoy] [Entered: 12/09/2022 02:57 PM]

2022-12-09

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NOTICE OF NON-COMPLIANCE: Upon further review, the submission of Appellee Cree, Inc., Response Brief [17], is not in compliance with the rules of this court (see attached). Compliant document due on 01/03/2023. Service as of this date by the Clerk of Court. [892642] [KMH] [Entered: 12/23/2022 11:03 AM]

2022-12-23

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MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Appellee Cree, Inc.. Service: 12/23/2022 by email. [892678]--[Edited 01/06/2023 by KMH - compliance review complete] [Blaney Harper] [Entered: 12/23/2022 12:32 PM]

2022-12-23

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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. [895261] [KMH] [Entered: 01/06/2023 03:07 PM]

2023-01-06

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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). [895263] [KMH] [Entered: 01/06/2023 03:09 PM]

2023-01-06

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6 paper copies of Doc. No. [24] received from Appellee Cree, Inc.. [896421] [VDW] [Entered: 01/11/2023 04:35 PM]

2023-01-09

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Notice from Appellant OptoLum, Inc. regarding conflicts with oral argument. Service: 01/12/2023 by email. [896587] [22-1511] [Leah McCoy] [Entered: 01/12/2023 11:36 AM]

2023-01-12

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6 paper copies of Doc. No. [22], [20], [14] received from Appellant OptoLum, Inc.. [896842] [VDW] [Entered: 01/13/2023 11:22 AM]

2023-01-12

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The following conflict dates submitted by Leigh John Martinson for OptoLum, Inc. have been accepted by the court: 03/06/2023, 03/07/2023, 03/08/2023, 04/03/2023, 04/04/2023, 07/10/2023, 07/11/2023. [896768] [MJL] [Entered: 01/13/2023 08:19 AM]

2023-01-13

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CLERK'S OFFICE QUALITY CONTROL MESSAGE: The name of the counsel who electronically signed OptoLum, Inc.'s response to notice of scheduling conflicts [28] does not match the name associated with the user account that filed the document. CORRECTION: Please ensure future electronic signatures comply with FCR 25(g). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [896770] [MJL] [Entered: 01/13/2023 08:28 AM]

2023-01-13

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NOTICE OF ORAL ARGUMENT. Panel: 2303H. Case scheduled June 8, 2023. Response to Notice of Oral Argument due: 05/05/2023. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [918336] [JCP] [Entered: 04/21/2023 03:32 PM]

2023-04-21

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Response to notice of oral argument from Appellee Cree, Inc.. Service: 05/04/2023 by email. [921022] [22-1511] [Blaney Harper] [Entered: 05/04/2023 09:01 AM]

2023-05-04

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Response to notice of oral argument from Appellant OptoLum, Inc.. Service: 05/04/2023 by email. [921085] [22-1511] [Leah McCoy] [Entered: 05/04/2023 11:38 AM]

2023-05-04

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Opinion

2023-06-12

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Judgment

2023-06-12

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Optolum, Inc. v. Cree, Inc.

Overview

Parties

Defendant - Appellee

CREE, INC. Follow

Represented By

Plaintiff - Appellant

OPTOLUM, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 03/03/2022. [834960]Entry of Appearance is due on 03/18/2022. Certificate of Interest is due on 03/18/2022. Docketing Statement is due on 03/18/2022. Appellant's brief is due on 05/03/2022. [ALK] [Entered: 03/04/2022 01:37 PM]

Entry of appearance for Blaney Harper; Edwin O. Garcia; Peter D. Siddoway as counsel for Appellee Cree, Inc.. Service: 03/18/2022 by email. [837652] [22-1511] [Blaney Harper] [Entered: 03/18/2022 01:26 PM]

Certificate of Interest for Appellee Cree, Inc.. Service: 03/18/2022 by email. [837653] [22-1511] [Blaney Harper] [Entered: 03/18/2022 01:27 PM]

Docketing Statement for the Appellee Cree, Inc.. Service: 03/18/2022 by email. [837656] [22-1511] [Blaney Harper] [Entered: 03/18/2022 01:28 PM]

Certificate of Interest for Appellant OptoLum, Inc.. Service: 03/18/2022 by email. [837675] [22-1511] [Leah McCoy] [Entered: 03/18/2022 01:55 PM]

Docketing Statement for the Appellant OptoLum, Inc.. Service: 03/18/2022 by email. [837677] [22-1511] [Leah McCoy] [Entered: 03/18/2022 01:56 PM]

Entry of appearance for Leigh J. Martinson; Leah R. McCoy; Jacob S. Wharton as counsel for Appellant OptoLum, Inc.. Service: 03/18/2022 by email. [837678] [22-1511] This document is non-compliant. See Doc No.[8] [Leah McCoy] [Entered: 03/18/2022 01:58 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant OptoLum, Inc., Entry of Appearance [7], is not in compliance with the rules of this court (see attached). Compliant document due on 03/28/2022. Service as of this date by the Clerk of Court. [837828] [JCW] [Entered: 03/21/2022 08:52 AM]

Amended Entry of appearance for Leigh J. Martinson; Leah R. McCoy; Jacob S. Wharton as counsel for Appellant OptoLum, Inc.. Service: 03/21/2022 by email. [838033] [22-1511] [Leah McCoy] [Entered: 03/21/2022 03:53 PM]

MOTION of Appellant OptoLum, Inc. to extend the time to 06/02/2022 to file brief. Service: 04/19/2022 by email. [844147] [22-1511] [Leah McCoy] [Entered: 04/19/2022 03:43 PM]

MOTION of Appellant OptoLum, Inc. to extend the time to 07/18/2022 to file brief. Service: 05/20/2022 by email. [850984] [22-1511] [Leah McCoy] [Entered: 05/20/2022 01:21 PM]

ORDER granting motion to extend time to file brief [12] filed by Appellant OptoLum, Inc. The opening brief is due 07/18/2022. Service as of this date by the Clerk of Court. [852469] [NL] [Entered: 05/27/2022 02:15 PM]

MOTION of Appellee Cree, Inc. to extend the time to 10/28/2022 to file brief. Service: 07/29/2022 by email. [863913] [22-1511] [Blaney Harper] [Entered: 07/29/2022 04:12 PM]

MOTION of Appellant OptoLum, Inc. to extend the time to 12/02/2022 to file brief. Service: 11/04/2022 by email. [882227] [22-1511] [Leah McCoy] [Entered: 11/04/2022 12:02 PM]

MODIFIED ENTRY: APPENDIX FILED by Appellant OptoLum, Inc. and Appellee Cree, Inc.. Service: 12/09/2022 by email. [889696] --[Edited 12/23/2022 by KMH - compliance review complete] [Leah McCoy] [Entered: 12/09/2022 02:53 PM]

MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellant OptoLum, Inc. and Appellee Cree, Inc.. Service: 12/09/2022 by email. [889698]--[Edited 12/23/2022 by KMH - compliance review complete] [Leah McCoy] [Entered: 12/09/2022 02:57 PM]

MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Appellee Cree, Inc.. Service: 12/23/2022 by email. [892678]--[Edited 01/06/2023 by KMH - compliance review complete] [Blaney Harper] [Entered: 12/23/2022 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). [895263] [KMH] [Entered: 01/06/2023 03:09 PM]

6 paper copies of Doc. No. [24] received from Appellee Cree, Inc.. [896421] [VDW] [Entered: 01/11/2023 04:35 PM]

Notice from Appellant OptoLum, Inc. regarding conflicts with oral argument. Service: 01/12/2023 by email. [896587] [22-1511] [Leah McCoy] [Entered: 01/12/2023 11:36 AM]

6 paper copies of Doc. No. [22], [20], [14] received from Appellant OptoLum, Inc.. [896842] [VDW] [Entered: 01/13/2023 11:22 AM]

The following conflict dates submitted by Leigh John Martinson for OptoLum, Inc. have been accepted by the court: 03/06/2023, 03/07/2023, 03/08/2023, 04/03/2023, 04/04/2023, 07/10/2023, 07/11/2023. [896768] [MJL] [Entered: 01/13/2023 08:19 AM]

Response to notice of oral argument from Appellee Cree, Inc.. Service: 05/04/2023 by email. [921022] [22-1511] [Blaney Harper] [Entered: 05/04/2023 09:01 AM]

Response to notice of oral argument from Appellant OptoLum, Inc.. Service: 05/04/2023 by email. [921085] [22-1511] [Leah McCoy] [Entered: 05/04/2023 11:38 AM]

Opinion

Judgment

Track Case Updates

CREE, INC.

OPTOLUM, INC.