Sofpool LLC v. Kmart Corporation

Overview

Case Number 13-1466

Filing Date 2013-06-25

Status Terminated

Termination Date 2014-01-17

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Question)

Cause of Action 35:271 Patent Infringement

Parties

BIG LOTS STORES, INC.

2 Attorneys Listed

Email: drashtian@callahan-law.com

Troutman Sanders LLP, 5 Park Plaza

Email: paul@gale.law

#103, 21163 Newport Coast

KMART CORPORATION

2 Attorneys Listed

Email: drashtian@callahan-law.com

Troutman Sanders LLP, 5 Park Plaza

Email: paul@gale.law

#103, 21163 Newport Coast

SOFPOOL LLC

1 Attorneys Listed

Costello Law Corporation

Suite 200, 331 J Street

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Sofpool LLC v. Kmart Corporation

Overview

Parties

Defendant - Appellee

BIG LOTS STORES, INC. Follow

Represented By

KMART CORPORATION Follow

Represented By

Plaintiff - Appellant

SOFPOOL LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 06/24/2013. [88078]Entry of Appearance due 07/09/2013. Certificate of Interest is due on 07/09/2013. Docketing Statement due 07/09/2013. Appellant/Petitioner's brief is due 08/26/2013. [SJ] [Entered: 06/25/2013 10:36 AM]

Entry of appearance for John P. Costello as principal counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90494] This document has been rejected. See Doc No.[6] [John Costello] [Entered: 07/09/2013 02:54 PM]

Entry of appearance for Jack Slobodin as of counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90496] This document has been rejected. See Doc No.[6] [John Costello] [Entered: 07/09/2013 02:57 PM]

Certificate of Interest for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90498] This document has been rejected. See Doc No. [7] [John Costello] [Entered: 07/09/2013 02:59 PM]

Docketing Statement for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90500] This document has been rejected. See Doc No. [6] [John Costello] [Entered: 07/09/2013 03:01 PM]

Entry of appearance for John P. Costello as principal counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90558] [John Costello] [Entered: 07/09/2013 04:12 PM]

Entry of appearance for Jack Slobodin as of counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90561] [John Costello] [Entered: 07/09/2013 04:13 PM]

Certificate of Interest for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90562] [John Costello] [Entered: 07/09/2013 04:14 PM]

Entry of appearance for Paul L. Gale as principal counsel for Appellee Kmart Corporation Big Lots Stores, Inc.. Service: 07/09/2013 by email. [90564] [Paul Gale] [Entered: 07/09/2013 04:16 PM]

Objection to the official caption pursuant to Rule 12 Practice Note by Appellee Kmart Corporation. Service: 07/09/2013 by email. [90569] [Paul Gale] [Entered: 07/09/2013 04:23 PM]

Certificate of Interest for the Appellee Kmart Corporation. Service: 07/09/2013 by email. [90572] [Paul Gale] [Entered: 07/09/2013 04:25 PM]

Docketing Statement for the Appellee Kmart Corporation. Service: 07/09/2013 by email. [90576] [Paul Gale] [Entered: 07/09/2013 04:28 PM]

Entry of appearance for Siavash Daniel Rashtian as of counsel for Appellee Kmart Corporation Big Lots Stores, Inc.. Service: 07/09/2013 by email. [90579] [Siavash Rashtian] [Entered: 07/09/2013 04:33 PM]

Entry of appearance for John P. Costello as principal counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90581] [John Costello] [Entered: 07/09/2013 04:39 PM]

Entry of appearance for Jack Slobodin as of counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90582] [John Costello] [Entered: 07/09/2013 04:39 PM]

Certificate of Interest for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90583] [John Costello] [Entered: 07/09/2013 04:40 PM]

Docketing Statement for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90584] [John Costello] [Entered: 07/09/2013 04:41 PM]

Entry of appearance for John P. Costello as principal counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90494] This document has been rejected. See Doc No.[6]

Entry of appearance for John P. Costello as principal counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90494] This document has been rejected. See Doc No.[6]

Entry of appearance for Jack Slobodin as of counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90496] This document has been rejected. See Doc No.[6]

Entry of appearance for Jack Slobodin as of counsel for Appellant Sofpool LLC. Service: 07/09/2013 by email. [90496] This document has been rejected. See Doc No.[6]

Certificate of Interest for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90498] This document has been rejected. See Doc No. [7]

Certificate of Interest for the Appellant Sofpool LLC. Service: 07/09/2013 by email. [90498] This document has been rejected. See Doc No. [7]

ORDER granting motion to reform the caption. The revised official caption is reflected in the order. Service: 07/23/2013 by clerk. [93754] [LMS] [Entered: 07/23/2013 01:55 PM]

Official caption revised pursuant to this court's order dated July 23, 2013. Service: 07/23/2013 by clerk. [93756] [LMS] [Entered: 07/23/2013 01:57 PM]

TENDERED from Appellant Sofpool LLC. Title: OPENING BRIEF. Service: 08/26/2013 by email, clerk. [100197] [John Costello] [Entered: 08/26/2013 04:50 PM]

6 paper copies of the 1st brief Brief [23] received from Appellant Sofpool LLC. [100776] [CC] [Entered: 08/29/2013 02:07 PM]

Notice from Appellant Sofpool LLC regarding conflicts with oral argument (Out of state from 10/30 - 11/11/2013.). Service: 09/04/2013 by email. [101468] [John Costello] [Entered: 09/04/2013 01:28 PM]

TENDERED from Appellees Big Lots Stores, Inc. and Kmart Corporation. Title: OPENING BRIEF. Service: 10/10/2013 by email. [109618] [Paul Gale] [Entered: 10/10/2013 11:08 PM]

6 paper copies of the 2nd brief Brief [27] received from Appellees Big Lots Stores, Inc. and Kmart Corporation. [110355] [CC] [Entered: 10/16/2013 09:12 AM]

TENDERED from Appellant Sofpool LLC. Title: REPLY BRIEF. Service: 10/28/2013 by email, clerk. [113319] [John Costello] [Entered: 10/28/2013 04:24 PM]

6 paper copies of the 3rd brief Brief [30] received from Appellant Sofpool LLC. [114695] [VDW] [Entered: 11/04/2013 03:29 PM]

TENDERED from Appellant Sofpool LLC. Title: JOINT APPENDIX. Service: 11/04/2013 by clerk. [114701] [John Costello] [Entered: 11/04/2013 03:35 PM]

6 paper copies of the appendix Brief [33] received from Appellant Sofpool LLC. [116213] [CC] [Entered: 11/12/2013 12:12 PM]

Letter from Appellant Sofpool LLC Notice of deceased counsel. Service: 11/22/2013 by email. [119089] [John Costello] [Entered: 11/22/2013 06:30 PM]

Response to oral argument order from the Appellant Sofpool LLC designating John P. Costello as arguing attorney. Service: 11/25/2013 by email Designated time for argument: 15 minutes. Designated time for rebuttal: 5 minutes. [119334] [John Costello] [Entered: 11/25/2013 05:26 PM]

TENDERED from Appellant Sofpool LLC. Title: CORRECTED JOINT APPENDIX. Service: 01/03/2014 by email, clerk. [126849] [John Costello] [Entered: 01/03/2014 01:12 PM]

Notice of Correction to the Brief Doc No. [39] for Appellant Sofpool LLC. Service: 01/03/2014 by email, clerk. [126850]. This document has been rejected. See doc no. [41] [John Costello] [Entered: 01/03/2014 01:15 PM]

Notice of Rejection to Appellant Sofpool LLC, the following document(s) cannot be filed: [40] correction notice. Reason(s) When case is scheduled for oral argument a motion must be submitted to make corrections to any of the briefs. Service: 01/03/2014 by email. [CC] [Entered: 01/03/2014 01:53 PM]

MOTION of Appellant Sofpool LLC to correct the Brief [39]. Response/Opposition is due 01/16/2014 [Consent: unopposed]. Service: 01/03/2014 by email, clerk. [126941] [John Costello] [Entered: 01/03/2014 04:47 PM]

ORDER filed granting motion to correct document [42] filed by Appellant Sofpool LLC. By: Merits Panel (Per Curiam). Service: 01/07/2014 by clerk. [127489] [CC] [Entered: 01/07/2014 10:12 AM]

Pursuant to the court's order, the previously filed brief filed by Appellant Sofpool LLC in 13-1466 [33], filed by Appellant Sofpool LLC in 13-1466 [32] is withdrawn. [127508] [CC] [Entered: 01/07/2014 11:03 AM]

6 paper copies of the appendix Brief [44] received from Appellant Sofpool LLC. [127999] [CC] [Entered: 01/08/2014 03:48 PM]

Submitted after ORAL ARGUMENT by Mr. John P. Costello, Esq. for Sofpool LLC and Paul L. Gale, Esq. for Kmart Corporation and Big Lots Stores, Inc.. Panel: Judge: Newman, Judge: Dyk, Judge: Taranto. [128407] [KSH] [Entered: 01/10/2014 10:35 AM]

OPINION and JUDGMENT filed. The judgment or decision is: Affirmed. (FCR 36). (For the Court: Newman,Circuit Judge; Dyk,Circuit Judge and Taranto,Circuit Judge). [130171] [CC] [Entered: 01/17/2014 11:26 AM]

Bill of Costs for Appellees Big Lots Stores, Inc. and Kmart Corporation. Service: 01/30/2014 by email. Objection to Bill of Costs due on 02/18/2014. [133078] [Paul Gale] [Entered: 01/30/2014 08:33 PM]

Mandate issued to the United States District Court for the Eastern District of California. Costs taxed in the amount of $284.00. Service: 02/24/2014 by clerk. [137518] [CC] [Entered: 02/24/2014 08:59 AM]

Track Case Updates

BIG LOTS STORES, INC.

KMART CORPORATION

SOFPOOL LLC