Otter Products, LLC v. Fellowes, Inc.
1:19-cv-06195
Overview
Case Number
1:19-cv-06195
Filing Date
2019-09-16
Status
Litigation filed
Court
District Court, N.D. Illinois
Nature of Suit
830 Patent
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, N.D. Illinois
Presiding Judge
Mary M Rowland
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT filed by Otter Products, LLC, TreeFrog Developments, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-16242455. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B1, # 4 Exhibit B2, # 5 Exhibit C1, # 6 Exhibit C2, # 7 Exhibit D1, # 8 Exhibit D2, # 9 Exhibit E1, # 10 Exhibit E2, # 11 Exhibit F1, # 12 Exhibit F2, # 13 Exhibit G1, # 14 Exhibit G2, # 15 Exhibit H1, # 16 Exhibit H2, # 17 Exhibit I1, # 18 Exhibit I2, # 19 Exhibit J1, # 20 Exhibit J2)(Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
CIVIL Cover Sheet (Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
Report on the Filing of an Action Regarding a Patent by Otter Products, LLC, TreeFrog Developments, Inc. (Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
ATTORNEY Appearance for Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. by Reid P. Huefner (Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
ATTORNEY Appearance for Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. by Reid P. Huefner (Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Otter Products, LLC, TreeFrog Developments, Inc. (Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16242642. (Huefner, Reid) (Entered: 09/16/2019)
2019-09-16
1
MAILED Patent report to Patent Trademark Office, Alexandria VA. (nsf, ) (Entered: 09/17/2019)
2019-09-17
1
CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Charles, Analeah)
2019-09-17
1
No Actions
SUMMONS Issued as to Defendant Fellowes, Inc. (lw, )
2019-09-17
1
No Actions
SUMMONS Returned Executed by Otter Products, LLC, TreeFrog Developments, Inc. as to Fellowes, Inc., on 9/18/2019, answer due 10/9/2019. (Huefner, Reid) (Entered: 09/18/2019)
2019-09-18
1
MINUTE entry before the Honorable Mary M. Rowland: James W. Beard's motion for leave to appear pro hac vice 7 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 09/20/2019)
2019-09-20
1
MINUTE entry before the Honorable Mary M. Rowland: Initial status hearing is set for 12/4/19 at 9:30 a.m. No later than five business days before the status hearing, the parties shall file a report of the parties' planning meeting pursuant to LPR 1.2. A template for the report setting forth the information required, may be found at https://www.ilnd.uscourts.gov/_assets/_documents/_rules/LPR%20Appendix% 20A.pdf In addition to the information required in LPR Appendix A, the parties shall set forth the specific dates and events set by the local patent rules up through the opening claim construction briefs and also report on the status of any settlement discussions. Mailed notice. (dm, ) (Entered: 09/20/2019)
2019-09-20
1
ATTORNEY Appearance for Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. by Margaret Anne Herrmann (Herrmann, Margaret) (Entered: 10/08/2019)
2019-10-08
1
ATTORNEY Appearance for Defendant Fellowes, Inc., by Peter John Shakula, II (Shakula, Peter) (Entered: 10/08/2019)
2019-10-08
1
MOTION by Defendant Fellowes, Inc., for extension of time to file answer regarding complaint,, 1 Agreed (Shakula, Peter) (Entered: 10/08/2019)
2019-10-08
1
NOTICE of Motion by Peter John Shakula, II for presentment of motion for extension of time to file answer 14 before Honorable Mary M. Rowland on 10/15/2019 at 09:45 AM. (Shakula, Peter) (Entered: 10/08/2019)
2019-10-08
1
MINUTE entry before the Honorable Mary M. Rowland: Defendant's agreed motion for extension of time to respond to Plaintiff's complaint 14 is granted. Defendant to respond by 10/30/19. No appearance necessary on 10/15/19. Mailed notice. (dm, ) (Entered: 10/09/2019)
2019-10-09
1
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fellowes, Inc., (Shakula, Peter) (Entered: 10/30/2019)
2019-10-30
1
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fellowes, Inc., (Shakula, Peter) (Entered: 10/30/2019)
2019-10-30
1
MEMORANDUM by Fellowes, Inc., in support of Motion to Dismiss for Failure to State a Claim 18 (Shakula, Peter) (Entered: 10/30/2019)
2019-10-30
1
NOTICE of Motion by Peter John Shakula, II for presentment of Motion to Dismiss for Failure to State a Claim 18 before Honorable Mary M. Rowland on 11/5/2019 at 09:45 AM. (Shakula, Peter) (Entered: 10/30/2019)
2019-10-30
1
MINUTE entry before the Honorable Mary M. Rowland: The Court sets the following briefing schedule on Defendant's motion to dismiss 18 : response due 11/29/19; reply due 12/13/19. The Court will rule by mail. No appearance necessary on 11/5/19. Initial status remains set for 12/4/19 at 9:30am. Mailed notice. (dm, ) (Entered: 10/31/2019)
2019-10-31
1
AMENDED complaint by Otter Products, LLC, TreeFrog Developments, Inc. against Fellowes, Inc., (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B1, # 4 Exhibit B2, # 5 Exhibit C1, # 6 Exhibit C2, # 7 Exhibit D1, # 8 Exhibit D2, # 9 Exhibit E1, # 10 Exhibit E2, # 11 Exhibit F1, # 12 Exhibit F2, # 13 Exhibit G1, # 14 Exhibit G2, # 15 Exhibit H1, # 16 Exhibit H2)(Herrmann, Margaret) (Entered: 11/20/2019)
2019-11-20
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16463443. (Attachments: # 1 Appendix Attachment to Motion for Leave to Appear Pro Hac Vice)(Sawtelle, James) (Entered: 11/21/2019)
2019-11-21
1
MINUTE entry before the Honorable Mary M. Rowland: James G. Sawtelle's motion for leave to appear pro hac vice 23 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 11/21/2019)
2019-11-21
1
REPORT of Rule 26(f) Planning Meeting by Otter Products, LLC, TreeFrog Developments, Inc. (Herrmann, Margaret) (Entered: 11/27/2019)
2019-11-27
1
MINUTE entry before the Honorable Mary M. Rowland: Initial status hearing held. The court resolves the following matters: The deadline to move to stay the case is set for 7/20/20; the Court will allow each side 15 party depositions and 5 third-party depositions; 60 requests to admit; and 30 interrogatories. Defendant intends to file counterclaim adding two additional patents on today's date. Plaintiff's response is due 1/15/20. Defendant to file motion to dismiss today. Plaintiff's response is due 1/7/20; reply due 1/23/20. The Court will rule by mail. Fellowes' Motion to dismiss 18 filed on 10/30/19 is denied without prejudice. Status hearing set for 3/31/20 at 9:30 am. Finally, parties are requested to submit Exhibit 1 to the Report of the Parties' Planning Meeting. The Court will enter that schedule as a docket entry. Parties shall submit the schedule to the Court's proposed order mailbox at Proposed_Order_Rowland@ilnd.uscourts.gov. Mailed notice. (dm, ) (Entered: 12/04/2019)
2019-12-04
1
MOTION by Defendant Fellowes, Inc.,for more definite statement (Shakula, Peter) (Entered: 12/04/2019)
2019-12-04
1
MEMORANDUM by Fellowes, Inc., in support of motion for more definite statement 27 (Shakula, Peter) (Entered: 12/04/2019)
2019-12-04
1
NOTICE of Motion by Peter John Shakula, II for presentment of motion for more definite statement 27 before Honorable Mary M. Rowland on 12/17/2019 at 09:45 AM. (Shakula, Peter) (Entered: 12/04/2019)
2019-12-04
1
ANSWER to amended complaint, COUNTERCLAIM filed by Fellowes, Inc., against Otter Products, LLC, TreeFrog Developments, Inc. . by Fellowes, Inc., (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Shakula, Peter) (Entered: 12/04/2019)
2019-12-04
1
MINUTE entry before the Honorable Mary M. Rowland: The Courts set the following briefing on Defendant's motion for a more definite statement 27 : Plaintiff's response limited to 7 pages is due 1/7/20. No reply will be allowed. The Court will rule by mail. No appearance necessary on 12/17/19. Mailed notice. (dm, ) (Entered: 12/09/2019)
2019-12-09
1
AGREED SCHEDULING ORDER. Signed by the Honorable Mary M. Rowland on 12/9/2019. Mailed notice. (dm, ) (Entered: 12/09/2019)
2019-12-09
1
RESPONSE by Otter Products, LLC, TreeFrog Developments, Inc. to MOTION by Defendant Fellowes, Inc.,for more definite statement 27 (Herrmann, Margaret) (Entered: 01/06/2020)
2020-01-06
1
NOTICE by Margaret Anne Herrmann of Change of Address (Herrmann, Margaret) (Entered: 01/13/2020)
2020-01-13
1
ATTORNEY Appearance for Defendant Fellowes, Inc., by James Arthur Ulwick (Ulwick, James) (Entered: 01/14/2020)
2020-01-14
1
ATTORNEY Appearance for Defendant Fellowes, Inc., by Jessica Katherine Burtnett (Burtnett, Jessica) (Entered: 01/14/2020)
2020-01-14
1
ANSWER to counterclaim, COUNTERCLAIM filed by Otter Products, LLC, TreeFrog Developments, Inc. against Fellowes, Inc., . by Otter Products, LLC, TreeFrog Developments, Inc. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit R, # 11 Exhibit S, # 12 Exhibit T, # 13 Exhibit U, # 14 Exhibit V, # 15 Exhibit W, # 16 Exhibit X, # 17 Exhibit Y)(Herrmann, Margaret) (Entered: 01/15/2020)
2020-01-15
1
MOTION by Defendant Fellowes, Inc., to withdraw Unopposed Motion to Withdraw Appearances of Jessica Burtnett and James Ulwick (Burtnett, Jessica) (Entered: 01/23/2020)
2020-01-23
1
Proposed Order Granting Doc. 38-Unopposed Motion to Withdraw Appearances of Jessica Burtnett and James Ulwick by Fellowes, Inc., (Burtnett, Jessica) (Entered: 01/23/2020)
2020-01-23
1
REPLY by Defendant Fellowes, Inc.,, Counter Claimant Fellowes, Inc., to response to motion 33 (Shakula, Peter) (Entered: 01/23/2020)
2020-01-23
1
MOTION by Attorney James G. Sawtelle to withdraw as attorney for Otter Products, LLC, Otter Products, LLC, TreeFrog Developments, Inc., TreeFrog Developments, Inc.. No party information provided (Attachments: # 1 Exhibit Proposed Order)(Herrmann, Margaret) (Entered: 01/23/2020)
2020-01-23
1
MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion to withdraw appearances of Jessica Burtnett and James Ulwick 38 is granted and Plaintiff's unopposed motion to withdraw appearance of James Sawtelle 41 is granted. Mailed notice. (dm, ) (Entered: 01/24/2020)
2020-01-24
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16665555. (Atkins, William) (Entered: 01/28/2020)
2020-01-28
1
MINUTE entry before the Honorable Mary M. Rowland: William P. Atkins' motion for leave to appear pro hac vice 43 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 01/29/2020)
2020-01-29
1
MOTION by Counter Claimant Fellowes, Inc., for extension of time to file answer regarding answer to counterclaim,,,,, 37 (Shakula, Peter) (Entered: 02/11/2020)
2020-02-11
1
NOTICE of Motion by Peter John Shakula, II for presentment of motion for extension of time to file answer 45 before Honorable Mary M. Rowland on 2/18/2020 at 09:45 AM. (Shakula, Peter) (Entered: 02/11/2020)
2020-02-11
1
MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for extension of time to respond to Plaintiffs' counterclaim 45 is granted. Fellows shall file its answer by 2/18/20. No appearance necessary on 2/18/20. Mailed notice. (dm, ) (Entered: 02/13/2020)
2020-02-13
1
STIPULATION of Dismissal of causes of action pled in the counterclaim of Docket Entry 30 (filed Dec. 4, 2019) (Shakula, Peter) (Entered: 02/16/2020)
2020-02-16
1
NOTICE of Voluntary Dismissal by Otter Products, LLC, TreeFrog Developments, Inc. Notice of Dismissal without Prejudice (Beard, James) (Entered: 02/17/2020)
2020-02-17
1
MINUTE entry before the Honorable Mary M. Rowland: Pursuant to Counter-plaintiff Fellowes, Inc. and counter-defendants Otter Products, LLC and Treefrog Developments, Inc's Stipulation of Dismissal 48, the causes of action pled in the counterclaim of Docket Entry 30 (filed Dec. 4, 2019) are dismissed with prejudice in accordance with Federal Rule of Civil Procedure 41(a)(1)(ii). For the sake of clarity, the answer portion of that filing is not dismissed. Mailed notice. (dm, ) (Entered: 02/20/2020)
2020-02-20
1
MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the Notice of Dismissal 49, Plaintiffs Otter Products, LLC and Treefrog Developments, Inc. hereby dismiss without prejudice Counts XIV through XVIII of their Countercomplaint, as filed at Docket No. 37 on January 15, 2020. Mailed notice. (dm, ) (Entered: 02/20/2020)
2020-02-20
1
MOTION by Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. for judgment Motion for Entry of Partial Judgment (Beard, James)
2020-02-21
1
MEMORANDUM by Otter Products, LLC, TreeFrog Developments, Inc. in support of motion for judgment 52 (Beard, James) (Entered: 02/21/2020)
2020-02-21
1
NOTICE of Motion by James Warren Beard for presentment of motion for judgment 52 before Honorable Mary M. Rowland on 2/27/2020 at 09:45 AM. (Beard, James) (Entered: 02/21/2020)
2020-02-21
1
MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' motion for entry of partial judgment 52 set for 2/27/20 at 9:45am is reset to 2:00pm (Please Note Time Change.) Mailed notice. (dm, ) (Entered: 02/24/2020)
2020-02-24
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16758385. (Kliebenstein, Heather) (Entered: 02/24/2020)
2020-02-24
1
MINUTE entry before the Honorable Mary M. Rowland: Heather J. Kliebenstein's motion for leave to appear pro hac vice 56 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 02/25/2020)
2020-02-25
1
MINUTE entry before the Honorable Mary M. Rowland: Hearing held on Plaintiffs' motion for entry of partial judgment 52 . Defendant's may file a response up to 5 page by 3/5/20. No reply is necessary. The court will rule by mail. Based on the discussion in court, if Plaintiffs wish to withdraw this motion, they must do so by 2/28/20 so that Defendant does not spend time preparing a response. Mailed notice. (dm, ) (Entered: 02/28/2020)
2020-02-27
1
Notice of Withdrawal of Motion for Partial Judgment (Dkt. 52) by Otter Products, LLC, TreeFrog Developments, Inc. (Beard, James) (Entered: 02/28/2020)
2020-02-28
1
MINUTE entry before the Honorable Mary M. Rowland: In light of the Notice of Withdrawal of Plaintiffs' motion for entry of partial judgment 59, Plaintiffs' motion for entry of partial judgment 52 is withdrawn. Briefing schedule set forth in dkt 58 is stricken. Mailed notice. (dm, ) (Entered: 03/02/2020)
2020-03-02
1
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/16/2020)
2020-03-16
1
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/17/2020)
2020-03-16
1
MINUTE entry before the Honorable Mary M. Rowland: In light of Amended General Order 20-0012, status hearing set for 3/31/20 is stricken and reset to 6/4/20 at 9:30am. Mailed notice. (dm, ) (Entered: 03/18/2020)
2020-03-18
1
TRANSCRIPT OF PROCEEDINGS held on February 27, 2020, before the Honorable Mary M. Rowland. Order Number: 38074. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/20/2020. Redacted Transcript Deadline set for 4/30/2020. Release of Transcript Restriction set for 6/29/2020. (Lacien, Laura) (Entered: 03/30/2020)
2020-03-30
1
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) (Entered: 03/31/2020)
2020-03-30
1
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) (Entered: 04/27/2020)
2020-04-24
1
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, ) (Entered: 05/26/2020)
2020-05-26
1
MINUTE entry before the Honorable Mary M. Rowland: Status hearing set for 6/4/20 is stricken. On or before 6/4/20, parties shall file a joint status report. The report should be as concise as possible and shall address all items outlined in Paragraph 5(a)-(g) of the Third Amended General Order. Mailed notice. (dm, ) (Entered: 05/28/2020)
2020-05-28
1
STATUS Report (Joint) by Otter Products, LLC, TreeFrog Developments, Inc. (Beard, James) (Entered: 06/04/2020)
2020-06-04
1
MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' joint status report and adopts the agreed revised schedule: Plaintiffs Serve List of Asserted Claims (LPR 3.1(a)) due 7/15/20; Plaintiffs Serve List of Asserted Claims (LPR 3.1(a)) due 7/15/20; Final Infringement Contentions (OtterBox/TreeFrog, LPR 3.1(a)) due 7/29/20; Final Unenforceability and Invalidity Contentions (Fellowes, LPR 3.1(b)) due 7/29/20; Final Non-Infringement Contentions (Fellowes, LPR 3.2) due 8/26/20; Final Enforceability and Validity Contentions (OtterBox/TreeFrog, LPR 3.2) due 8/26/20; Trade Dress Liability Expert Report (OtterBox/TreeFrog) due 9/16/20; Deadline to Move to Stay (Fellowes) due 10/05/20; Rebuttal to Trade Dress Report Expert Report (Fellowes) due 11/06/20; Final Date for OtterBox/TreeFrog to Amend Pleadings or Join Parties due 11/13/20; Exchange of Claim Terms for Construction; Joint Appendix due 11/20/20; Cross Opening Claim Construction Briefs due 12/16/20; Cross Responsive Claim Construction Briefs due 01/13/21; Cross Reply Claim Construction Brief due 01/27/21; Joint Claim Construction Chart due 02/03/21. Mailed notice. (dm, ) (Entered: 06/23/2020)
2020-06-23
1
MEMORANDUM Opinion and Order: For the reasons stated in the Memorandum Opinion and Order, Defendant's motion for more definite statement 27 is granted. On or before July 17, 2020, Plaintiffs shall file a second amended complaint in conformanc e with this order. Twenty-one (21) days after that filing, Defendant shall answer. In light of this order, parties should file a status report by August 14, 2020 informing the Court whether the scheduling order (Dkt. 70) needs any adjustment. Parties shall also indicate whether a settlement conference with the magistrate judge would be productive. Signed by the Honorable Mary M. Rowland on 6/25/2020. (See Memorandum Opinion and Order for further detail).Mailed notice. (dm, )
2020-06-25
1
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) (Entered: 07/10/2020)
2020-07-10
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17214306. by Bryan P. Collins (Collins, Bryan) (Entered: 07/14/2020)
2020-07-14
1
MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Bryan P. Collins 73 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 07/15/2020)
2020-07-15
1
Second AMENDED complaint by TreeFrog Developments, Inc., Otter Products, LLC against All Defendants (Attachments: # 1 Exhibit Ex. A1, # 2 Exhibit Ex. A2, # 3 Exhibit Ex. B1, # 4 Exhibit Ex. B2, # 5 Exhibit Ex. C1, # 6 Exhibit Ex. C2, # 7 Exhibit Ex. D1, # 8 Exhibit Ex. D2, # 9 Exhibit Ex. E1, # 10 Exhibit Ex. E2, # 11 Exhibit Ex. F1, # 12 Exhibit Ex. F2, # 13 Exhibit Ex. G1, # 14 Exhibit Ex. G2, # 15 Exhibit Ex. H1, # 16 Exhibit Ex. H2)(Beard, James) (Entered: 07/17/2020)
2020-07-17
1
MOTION by Defendant Fellowes, Inc., for extension of time TO SERVE FELLOWES, INC.'S FINAL UNENFORCEABILITY AND INVALIDITY CONTENTIONS (Atkins, William) (Entered: 07/29/2020)
2020-07-29
1
NOTICE of Motion by William P. Atkins for presentment of extension of time 76 before Honorable Mary M. Rowland on 8/5/2020 at 09:45 AM. (Atkins, William) (Entered: 07/29/2020)
2020-07-29
1
MINUTE entry before the Honorable Mary M. Rowland: Parties' stipulated motion for extension of time to serve Fellows, Inc's Final Unenforceability and Invalidity Contentions 76 is granted. The time by which Defendant must serve their Final Unenforceability and Invalidity Contentions is extended from July 29, 2020 to July 31, 2020. No appearance necessary on 8/5/20. Mailed notice. (dm, ) (Entered: 07/30/2020)
2020-07-30
1
ANSWER to amended complaint [SECOND AMENDED COMPLAINT] by Fellowes, Inc., (Attachments: # 1 Exhibit 1.1, # 2 Exhibit 1.2, # 3 Exhibit 1.3, # 4 Exhibit 1.4, # 5 Exhibit 1.5, # 6 Exhibit 2.0, # 7 Exhibit 2.1, # 8 Exhibit 2.2, # 9 Exhibit 2.3, # 10 Exhibit 2.4, # 11 Exhibit 3.1, # 12 Exhibit 3.2, # 13 Exhibit 3.3, # 14 Exhibit 3.4.1, # 15 Exhibit 3.4.2, # 16 Exhibit 3.5, # 17 Exhibit 4.1, # 18 Exhibit 4.2, # 19 Exhibit 4.3, # 20 Exhibit 4.4, # 21 Exhibit 4.5, # 22 Exhibit 5.1, # 23 Exhibit 5.2, # 24 Exhibit 5.3, # 25 Exhibit 6.1, # 26 Exhibit 6.2, # 27 Exhibit 6.3, # 28 Exhibit 6.4, # 29 Exhibit 6.5, # 30 Exhibit 6.6, # 31 Exhibit 7.1, # 32 Exhibit 7.2, # 33 Exhibit 7.3, # 34 Exhibit 7.4, # 35 Exhibit 7.5, # 36 Exhibit 7.6, # 37 Exhibit 8.1, # 38 Exhibit 8.2, # 39 Exhibit 8.3, # 40 Exhibit 8.4, # 41 Exhibit 8.5, # 42 Exhibit 8.6, # 43 Exhibit 9, # 44 Exhibit 10 - SEALED, # 45 Exhibit 11, # 46 Exhibit 12, # 47 Exhibit 13, # 48 Exhibit 14, # 49 Exhibit 15 - SEALED, # 50 Exhibit 16, # 51 Exhibit 17 - SEALED, # 52 Exhibit 18 - SEALED, # 53 Exhibit 19 - SEALED)(Atkins, William) (Entered: 08/07/2020)
2020-08-07
1
SEALED DOCUMENT by Defendant Fellowes, Inc., [SEALED EXHIBITS 10, 15, 17, 18 and 19 to Answer - Second Amended Complaint (Attachments: # 1 Exhibit 15, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 19, # 6 Exhibit 19)(Atkins, William) (Entered: 08/07/2020)
2020-08-07
1
MOTION by Defendant Fellowes, Inc., to seal document sealed document, 80 (Atkins, William) (Entered: 08/07/2020)
2020-08-07
1
NOTICE of Motion by William P. Atkins for presentment of motion to seal document 81 before Honorable Mary M. Rowland on 8/19/2020 at 09:45 AM. (Atkins, William) (Entered: 08/07/2020)
2020-08-07
1
MINUTE entry before the Honorable Mary M. Rowland:Defendant's motion for leave to file under seal 81 is granted. No appearance necessary on 8/19/20. Mailed notice. (dm, ) (Entered: 08/11/2020)
2020-08-11
1
STATUS Report Joint Status Report by Otter Products, LLC, TreeFrog Developments, Inc. (Beard, James) (Entered: 08/14/2020)
2020-08-14
1
MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed joint status report. Parties are open to mediation or a settlement conference with the Magistrate Judge. This matter is referred to the magistrate judge for settlement purposes and discovery supervision. The parties should discuss their dispute regarding the schedule with Judge Harjani. Mailed notice. (dm, ) (Entered: 08/17/2020)
2020-08-17
1
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery supervision and settlement conference. (dm, )Mailed notice. (Entered: 08/17/2020)
2020-08-17
1
MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 8/21/2020 at 10:00 a.m. by telephone. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call via web link that will identify them as counsel of record and allow the necessary permissions to address the Court. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (888) 684-8852 and the access code is 7354516. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 08/17/2020)
2020-08-17
1
MINUTE entry before the Honorable Sunil R. Harjani: Concerning the 11:00 a.m. status on 8/21/20, Parties should call the call-in number is (888) 684-8852 and the access code is 7354516.MAILED notice (Harjani, Sunil) (Entered: 08/21/2020)
2020-08-21
1
MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 11/18/2020 at 9:15 a.m. by telephone. The Court and the parties had a productive discussion. First, with respect to settlement, Plaintiffs' settlement letter is due September 11, 2020; Defendant's settlement letter is due September 25, 2020. Preliminary settlement discussion with counsel only by telephone is set for 9/30/2020 at 10:00 a.m. Second, with respect to Defendant's request for a modification of the schedule in the recent status report 84, the Court will grant a modest extension of the schedule to allow for some room for the parties to focus their immediate efforts on mediation. As a result, the scheduling order entered on 6/23/20 is modified as follows: Final Non-Infringement Contentions (Fellowes, LPR 3.2) due 8/26/20; Final Enforceability and Validity Contentions (OtterBox/TreeFrog, LPR 3.2) due 8/26/20; Trade Dress Liability Expert Report (OtterBox/TreeFrog) due 10/7/20; Deadline to Move to Stay (Fellowes) due 12/10/20; Rebuttal to Trade Dress Report Expert Report (Fellowes) due 11/27/20; Final Date for OtterBox/TreeFrog to Amend Pleadings or Join Parties due 11/13/20; Exchange of Claim Terms for Construction; Joint Appendix due 12/11/20; Cross Opening Claim Construction Briefs due 1/6/21; Cross Responsive Claim Construction Briefs due 02/3/21; Cross Reply Claim Construction Brief due 02/17/21; Joint Claim Construction Chart due 02/24/21 70 . Mailed notice (lxs, ) (Entered: 08/24/2020)
2020-08-21
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17355710. (Fildes, Henry) (Entered: 08/24/2020)
2020-08-24
1
MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Henry Fildes 90 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 08/25/2020)
2020-08-25
1
MOTION by Defendant Fellowes, Inc.,Regarding Confidentiality of Documents (Attachments: # 1 Exhibit A - Sealed, # 2 Exhibit B - Sealed, # 3 Exhibit C - Sealed, # 4 Exhibit D - Sealed, # 5 Exhibit E - Sealed, # 6 Exhibit F - Sealed, # 7 Exhibit G, # 8 Exhibit H - Sealed, # 9 Exhibit I, # 10 Exhibit J - Sealed, # 11 Exhibit K - Sealed, # 12 Exhibit L - Sealed, # 13 Exhibit M, # 14 Exhibit N - Sealed)(Fildes, Henry) (Entered: 09/25/2020)
2020-09-25
1
SEALED DOCUMENT by Defendant Fellowes, Inc., Exhibits A-F, H, J-L and N to Motion Regarding Confidentiality Designations (Attachments: # 1 Exhibit Exh. B, # 2 Exhibit Exh. C, # 3 Exhibit Exh. D, # 4 Exhibit Exh. E, # 5 Exhibit Exh. F, # 6 Exhibit Exh. H, # 7 Exhibit Exh. J, # 8 Exhibit Exh. K, # 9 Exhibit Exh. L, # 10 Exhibit Exh. N)(Fildes, Henry) (Entered: 09/25/2020)
2020-09-25
1
MOTION by Defendant Fellowes, Inc., to seal document sealed document, 93 (Fildes, Henry) (Entered: 09/25/2020)
2020-09-25
1
NOTICE of Motion by Henry Fildes for presentment of motion to seal document 94 before Honorable Mary M. Rowland on 10/14/2020 at 09:45 AM. (Fildes, Henry) (Entered: 09/25/2020)
2020-09-25
1
MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with counsel only by telephone is set for 9/30/2020 is amended to begin at 10:30 a.m. (Time Change Only). Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 09/28/2020)
2020-09-28
1
MINUTE entry before the Honorable Mary M. Rowland: Defendant's filed a Motion for leave to file under seal 94 . Because this case is referred to the magistrate judge for discovery supervision and settlement (see Dkt. 86 ), the magistrate judge will address the motion. Presentment date of 10/14/20 before Judge Rowland is stricken. Mailed notice. (dm, ) (Entered: 09/28/2020)
2020-09-28
1
RESPONSE by Otter Products, LLC, TreeFrog Developments, Inc.in Opposition to MOTION by Defendant Fellowes, Inc.,Regarding Confidentiality of Documents 92 (Attachments: # 1 Declaration - Huefner (Redacted), # 2 Exhibit O - Sealed, # 3 Exhibit P - Sealed, # 4 Exhibit Q - Sealed, # 5 Exhibit R, # 6 Exhibit S, # 7 Exhibit T - Sealed)(Herrmann, Margaret) (Entered: 09/28/2020)
2020-09-28
1
SEALED RESPONSE by Otter Products, LLC, TreeFrog Developments, Inc. to response in opposition to motion, 98 (Attachments: # 1 Declaration - Huefner, # 2 Exhibit O, # 3 Exhibit P, # 4 Exhibit Q, # 5 Exhibit T)(Herrmann, Margaret) (Entered: 09/28/2020)
2020-09-28
1
MOTION by Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. to seal Opposition to Motion Re Designation Challenge, Declaration, and certain exhibits (Herrmann, Margaret) (Entered: 09/28/2020)
2020-09-28
1
MINUTE entry before the Honorable Sunil R. Harjani: Defendant's reply brief as to Motion Regarding Confidentiality of Documents 92 is due by 10/6/2020. Mailed notice (lxs, ) (Entered: 09/29/2020)
2020-09-29
1
MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held. Further telephone settlement discussion will be held with Plaintiff's counsel only on 10/6/20 at 1:30 p.m. and with Defendant's counsel only on 10/6/20 at 2:30 p.m. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 09/30/2020)
2020-09-30
1
SEALED REPLY by Fellowes, Inc., to sealed response, 99 (Fildes, Henry) (Entered: 10/06/2020)
2020-10-06
1
MOTION by Defendant Fellowes, Inc., to seal document reply 103 (Fildes, Henry) (Entered: 10/06/2020)
2020-10-06
1
NOTICE of Motion by Henry Fildes for presentment of motion to seal document 104 before Honorable Mary M. Rowland on 10/21/2020 at 09:45 AM. (Fildes, Henry) (Entered: 10/06/2020)
2020-10-06
1
MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held with counsel for both parties separately. The Court had a productive discussion with all counsel and believes that a virtual settlement conference in mid-November would be the best time to discuss settlement. Counsel for each side are to confer on potential dates and send three agreed dates to the Courtroom Deputy by 10/13/20 via email. Virtual settlement conferences generally start at 9:30 a.m. and require a 4 hour block of time, although the Court endeavors to complete the conference within 3 hours. The Court will enter an order with the chosen date and more details after 10/13/20. Mailed notice (lxs, ) (Entered: 10/07/2020)
2020-10-06
1
MINUTE entry before the Honorable Sunil R. Harjani: Motion to seal [94, 100, 104] are granted for the reasons stated in the motion. The parties should also note that they must not file notice of motions for presentment (See Sixth Amended General 20-0012) nor should they be noticing matters before the district judge that relate to filings and submissions before the magistrate judge. Mailed notice (lxs, ) (Entered: 10/08/2020)
2020-10-08
1
MINUTE entry before the Honorable Sunil R. Harjani: Virtual Settlement Conference set for 11/10/2020 at 9:30 a.m. Additional details to follow. Mailed notice (lxs, ) (Entered: 10/13/2020)
2020-10-13
1
MINUTE entry before the Honorable Sunil R. Harjani: Defendant Fellowes, Inc.'s Motion Regarding Confidentiality Designations 92 seeking to retain the "Highly Confidential" designation for the five challenged documents is granted. A settlement conference remains set for 11/10/2020 at 9:30 a.m. [For further detail see attached order.] Mailed notice (lxs, ) (Entered: 10/19/2020)
2020-10-19
1
ORDER Signed by the Honorable Sunil R. Harjani on 10/19/2020. Mailed notice(lxs, ) (Entered: 10/19/2020)
2020-10-19
1
MOTION by Defendant Fellowes, Inc., to compel, MOTION by Defendant Fellowes, Inc., for extension of time to file Trade Dress Expert Report (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Atkins, William) (Entered: 11/09/2020)
2020-11-09
1
SEALED MOTION by Defendant Fellowes, Inc., re D.E. 111 (Attachments: # 1 Exhibit E, # 2 Exhibit G, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit S, # 11 Exhibit U, # 12 Exhibit V, # 13 Exhibit X)(Atkins, William) (Entered: 11/09/2020)
2020-11-09
1
MOTION by Defendant Fellowes, Inc., to seal D.E. 112 (Atkins, William) (Entered: 11/09/2020)
2020-11-09
1
MINUTE entry before the Honorable Sunil R. Harjani: Virtual settlement conference held. While the parties did not reach a settlement, the Court believes that the parties have laid some groundwork and exchanged views in this case in a productive manner, and it will hopefully set the tone for a future settlement conference. Having said that, a virtual settlement conference in the near future appears unlikely. The schedule entered on August 21, 2020 by this Court stands at this time. Mailed notice (lxs, ) (Entered: 11/10/2020)
2020-11-10
1
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs' response to defendant's motion to compel and for an extension of time 111, 112 and motion to seal 113 is due 11/20/20; any reply brief is due 11/30/20. Moreover, by 11/16/20, the parties are ordered to meet and confer by telephone and attempt to resolve the pending dispute as much as possible. Any response brief shall identify the agreements reached at the meet and confer conference and the remaining issues to be decided. Mailed notice (lxs, ) (Entered: 11/10/2020)
2020-11-10
1
MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 11/18/2020 is stricken and reset to 12/16/2020 at 9:15 a.m. by telephone. By 12/11/2020, the parties shall file a joint status report with an update on the case, including the progress of discovery and the status of settlement discussions. The schedule set regarding Defendant's Motion to Compel [111, 112] on 11/10/2020 stands. Otherwise, discovery shall proceed according to the case schedule set on 8/21/2020. Mailed notice (lxs, ) (Entered: 11/16/2020)
2020-11-16
1
MEMORANDUM by Otter Products, LLC, TreeFrog Developments, Inc. in Opposition to Sealed motion, 112 (Attachments: # 1 Declaration of Heather Kliebenstein, # 2 Exhibit 1-5)(Beard, James) (Entered: 11/20/2020)
2020-11-20
1
RESPONSE by Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. to motion to seal 113 (Beard, James) (Entered: 11/20/2020)
2020-11-20
1
REPLY by Defendant Fellowes, Inc., to motion to compel,,, motion for extension of time to file,, 111 (Atkins, William) (Entered: 11/30/2020)
2020-11-30
1
MINUTE entry before the Honorable Sunil R. Harjani: The parties have resolved the majority of the dispute in motions [111, 112, and 113] as reflected in the briefing. The only remaining dispute is the due date of the Defendant's additional trade dress report. The Court grants the motions on that matter and allows Fellowes to submit this report by December 23, 2020. The Court recognizes that certain documents were produced after the filing of these motions, and that while Plaintiffs believe that there was enough time to review the materials to submit the report by December 11, 2020, the Court will allow some flexibility and permit the report to be served on December 23, 2020 to ensure that Fellowes has sufficient time to use the newly-produced materials. Thus, the Court finds good cause for the additional time. The Court notes that the dispute here is about whether to permit an additional 11 days to Fellowes to serve a report, and occurs during the holiday season and a national pandemic. A dispute over 11 days is a dispute that the parties should have resolved on their own without wasting litigation and judicial resources. Mailed notice (lxs, ) (Entered: 12/01/2020)
2020-12-01
1
MOTION by Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. for extension of time (Joint) (Beard, James) (Entered: 12/09/2020)
2020-12-09
1
MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 12/16/2020 is stricken and reset to 2/16/2021 at 9:15 a.m. by telephone. By 2/11/2021, the parties shall file a joint status report with an update on discovery and settlement discussions. The Stipulated Joint Motion for Extension of Time 121 is granted. The parties indicate that they are diligently working to complete discovery, including finalizing the production of documents and ESI and resolving requests for supplementation. A 30(b)(6) deposition of each Plaintiff has been taken, but the parties wish to complete the remaining document production and discovery responses before taking the remaining depositions. Given the remaining discovery, good cause exists to extend the deadline for the exchange of claim terms for construction. Accordingly, the close of fact discovery is extended to 3/9/2021 and the Scheduling Order entered on 8/21/2020 is modified as follows: (1) Exchange of Claim Terms for Construction and Joint Appendix due 2/9/2021; Cross Opening Claim Construction Briefs due 3/8/2021; Cross Responsive Claim Construction Briefs due 4/5/2021; Cross Reply Claim Construction Briefs due 4/19/2021; and Joint Claim Construction Chart due 4/26/2021. Depositions of trade dress experts will coincide with those of the patent expert deposition period. The parties do not need to file the joint status report which is due 12/11/2020. See Doc. 116. Mailed notice (np, ) (Entered: 12/10/2020)
2020-12-10
1
MINUTE entry before the Honorable Sunil R. Harjani: A preliminary settlement discussion with lead counsel is set for 1/19/2021 at 11 a.m. by telephone. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 01/14/2021)
2021-01-14
1
MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held and continued to 1/27/2021 at 11 a.m. by phone. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 01/19/2021)
2021-01-19
1
MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held. Each party shall submit a settlement letter as requested by the Court separately and privately to the Court's settlement email box by 2/3/21. The Court will be in touch after reviewing the letters. Mailed notice (lxs, ) (Entered: 01/27/2021)
2021-01-27
1
MOTION by Defendant Fellowes, Inc., for extension of time to complete discovery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Atkins, William) (Entered: 02/05/2021)
2021-02-05
1
SEALED MOTION by Defendant Fellowes, Inc., re: D.E. 126 Motion to Extend Discovery Deadline (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17)(Atkins, William) (Entered: 02/05/2021)
2021-02-05
1
MOTION by Defendant Fellowes, Inc., to seal document SEALED MOTION by Defendant Fellowes, Inc., re: D.E. 126 Motion to Extend Discovery Deadline 127 (Atkins, William) (Entered: 02/05/2021)
2021-02-05
1
MINUTE entry before the Honorable Sunil R. Harjani: SEALED MOTION by Defendant Fellowes, Inc. 127 is set for 2/17/2021 at 11:15 a.m. by telephone. The call-in number is (888) 684-8852 and the access code is 7354516. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 02/08/2021)
2021-02-08
1
MINUTE entry before the Honorable Sunil R. Harjani: Defendant's motion for leave to file under seal 128 is granted. Mailed notice (lxs, ) (Entered: 02/08/2021)
2021-02-08
1
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17910288. (Erbele, Michael) (Entered: 02/09/2021)
2021-02-09
1
MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 2/16/21 is stricken in light of the motion hearing set for 2/17/21. Status report previously ordered 122 is still due on 2/11/21. Mailed notice (lxs, ) (Entered: 02/09/2021)
2021-02-09
1
MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Michael A. Erbele 131 is granted. Counsel is reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, ) (Entered: 02/10/2021)
2021-02-10
1
MINUTE entry before the Honorable Sunil R. Harjani: The Court has received private communication from each counsel over the last week regarding their settlement position. On 2/9/21, the Court emailed both counsel and proposed a recommended range as well as additional terms to continue settlement discussions with the Court's involvement. Counsel has until 2/12/21 at 5:00 p.m. to respond to the Court (privately and separately) via email and inform the Court whether it accepts the terms of the Court to continue settlement discussions. If not, the parties will continue with their litigation. Mailed notice (lxs, ) (Entered: 02/10/2021)
2021-02-10
1
STATUS Report Joint Status Report by Otter Products, LLC, TreeFrog Developments, Inc. (Beard, James) (Entered: 02/11/2021)
2021-02-11
1
MINUTE entry before the Honorable Sunil R. Harjani: The Court has received private communications from each party regarding settlement. Both parties have accepted the Court's terms for the continuation of settlement discussions. The Court will discuss setting a second virtual conference during the hearing on 2/17/21. Counsel are to bring available dates from their clients to the hearing. Mailed notice (lxs, ) (Entered: 02/12/2021)
2021-02-12
1
RESPONSE by Otter Products, LLC, TreeFrog Developments, Inc.in Opposition to MOTION by Defendant Fellowes, Inc., for extension of time to complete discovery 126 (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Exhibit 20)(Beard, James) (Entered: 02/12/2021)
2021-02-12
1
SEALED REPLY by Fellowes, Inc., to SEALED MOTION by Defendant Fellowes, Inc., re: D.E. 126 Motion to Extend Discovery Deadline 127 (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23)(Atkins, William) (Entered: 02/16/2021)
2021-02-16
1
MOTION by Defendant Fellowes, Inc., to seal document reply 138 (Atkins, William) (Entered: 02/16/2021)
2021-02-16
1
MINUTE entry before the Honorable Sunil R. Harjani: Motion hearing held. Defendant's motion to extend discovery deadline 127 is held in abeyance and all dates regarding discovery and briefing are stayed pending a second settlement conference. Virtual settlement conference set for 2/23/21 at 10:30 a.m. The parties shall email the Courtroom Deputy with all email addresses for those attending the conference by close of business on 2/17/21. Mailed notice (lxs, ) (Entered: 02/17/2021)
2021-02-17
1
MINUTE entry before the Honorable Sunil R. Harjani: Second virtual settlement conference held. Settlement discussion with lead counsel only is set for 3/12/21 at 9:00 a.m. Given a particular issue that was raised during the conference, the parties need additional time to work with their clients on resolving it. The Court provided the parties with a schedule on that issue, and the Court will regroup at the next discussion. Mailed notice (lxs, ) (Entered: 02/23/2021)
2021-02-23
1
RESPONSE by Plaintiffs Otter Products, LLC, TreeFrog Developments, Inc. to motion to seal document 139 re Reply to Motion to Extend Discovery Deadline (Dkt 138) (Beard, James) (Entered: 02/25/2021)
2021-02-25
1
MINUTE entry before the Honorable Sunil R. Harjani: Settlement discussion held and continued to 3/16/21 at 10:30 a.m. Same conference call-in number and lead counsel only. (rbf, ) (Entered: 03/12/2021)
2021-03-12
1
MINUTE entry before the Honorable Sunil R. Harjani: Settlement discussion held. The Court advised that the parties need to have a hard talk with their clients about the one remaining issue before the parties reconvene at a third settlement conference. Settlement call with Plaintiff only is set for 3/30/21 at 1:30 p.m. Settlement call with Defendant only is set for 3/30/21 at 2:30 p.m. Mailed notice (lxs, ) (Entered: 03/16/2021)
2021-03-16
1
MINUTE entry before the Honorable Sunil R. Harjani: Docket entry no. 144 is amended to include the following: Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 03/16/2021)
2021-03-16
1
MINUTE entry before the Honorable Sunil R. Harjani: By agreement of the parties, settlement calls previously set for 3/30/2021 are stricken and reset for 4/7/2021 at 10:00 a.m. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 03/30/2021)
2021-03-30
1
MINUTE entry before the Honorable Sunil R. Harjani: For the reasons stated in the motion and response brief, Defendant's motion for leave to file under seal 139 is granted. Mailed notice (lxs, ) (Entered: 04/06/2021)
2021-04-06
1
MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, preliminary settlement call set for 4/7/2021 is stricken and reset to 4/15/2021 at 10 a.m. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516.Mailed notice (lxs, ) (Entered: 04/07/2021)
2021-04-07
1
MINUTE entry before the Honorable Sunil R. Harjani: The parties have reported that they are on the verge of signing a settlement agreement. Accordingly, defendant's motion to extend the discovery deadline 126 127 is stricken without prejudice, with leave to re-file if necessary at a later time. Mailed notice (lxs, ) (Entered: 04/08/2021)
2021-04-08
1
MINUTE entry before the Honorable Sunil R. Harjani: Settlement discussion held and the Court received an update from the parties. The parties are close to executing final settlement documents. Stipulation to dismiss shall be filed with the district judge by 4/29/21. Status hearing set for 5/4/21 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 04/15/2021)
2021-04-15
1
STIPULATION of Dismissal Joint Stipulation of Dismissal (Beard, James) (Entered: 04/29/2021)
2021-04-29
1
MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the parties' joint stipulation of dismissal, this case is dismissed with prejudice, with each party to bear its own costs, expenses and attorneys' fees. Any pending motions or schedules in this case are stricken as moot. Civil case terminated. Mailed notice. (dm, ) (Entered: 04/30/2021)
2021-04-30
1
MINUTE entry before the Honorable Sunil R. Harjani: In light of the district court's order 152, all deadlines previously set before Magistrate Judge Harjani are stricken. All matters relating to the referral are concluded and the referral is hereby closed. Mailed notice (lxs, ) (Entered: 04/30/2021)
2021-04-30
1
MAILED patent report along with copy of minute order dated 04/30/2021 to Patent Trademark Office, Alexandria VA (ec, ) (Entered: 05/03/2021)
2021-05-03
1