Specialized Monitoring Solutions, LLC v. Emerson Network Power, Inc.

2:15-cv-00032

Overview

Case Number 2:15-cv-00032

Filing Date 2015-01-20

Status Terminated

Termination Date 2016-02-11

Court District Court, E.D. Texas (txed)

Presiding Judge Robert W. Schroeder, III

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Consol Counter Defendant

Specialized Monitoring Solutions, LLC

Represented By

5 Attorneys Listed

Eric M. Albritton

Albritton Law Firm

Tel: +1 (903) 757-8449

Fax: +1 (903) 758-7397

222 North Fredonia, P O Box 2649 - 75606

Shawn A. Latchford

Albritton Law Firm

Tel: +1 (903) 757-8449

Fax: +1 (903) 758-7397

222 North Fredonia, P O Box 2649 - 75606

Michael Aaron Benefield

Benefield Law

Tel: +1 (903) 212-3222

Fax: +1 (903) 212-3738

P O Box 4296, Longview, TX 75606-4296

Jay D Ellwanger

DiNovo Price Ellwanger & Hardy LLP

Tel: +1 (512) 539-2626

7000 North MoPac Expressway, Suite 350

Daniel Louis Schmid

DiNovo Price Ellwanger & Hardy LLP

Tel: +1 (512) 539-2618

Fax: +1 (512) 539-2627

7000 North MoPac Expressway, Suite 350

Consol Defendant

Emerson Network Power, Inc.

Represented By

4 Attorneys Listed

Melissa Richards Smith

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

J Scott Davidson

Davidson Berquist Jackson & Gowdey LLP - McLean VA

Tel: +1 (571) 765-7701

Fax: +1 (571) 765-7200

8300 Greensboro Drive, Suite 500

Donald L Jackson

Davidson Berquist Jackson & Gowdey LLP - McLean VA

Tel: +1 (571) 765-7703

Fax: +1 (571) 765-7200

8300 Greensboro Drive, Suite 500

James D Berquist

Davidson Berquist Jackson & Gowdey LLP - McLean VA

Tel: +1 (571) 765-7702

Fax: +1 (571) 765-7200

8300 Greensboro Drive, Suite 500

Counter-Claimant

Liebert Corporation

Represented By

2 Attorneys Listed

William Robert Lamb

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

Melissa Richards Smith

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

Defendant

Emerson Electric Company

Represented By

1 Attorneys Listed

Melissa Richards Smith

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Robert W. Schroeder, III

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against Emerson Network Power, Inc. ( Filing fee $ 400 receipt number 0540-5010179.), filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Exhibit A - '553 Patent, # 2 Civil Cover Sheet)(Albritton, Eric) (Entered: 01/20/2015)

2015-01-20

Download

DEMAND for Trial by Jury by Specialized Monitoring Solutions, LLC. (Albritton, Eric) (Entered: 01/20/2015)

2015-01-20

View

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Albritton, Eric) (Entered: 01/27/2015)

2015-01-27

View

CORPORATE DISCLOSURE STATEMENT filed by Specialized Monitoring Solutions, LLC (Albritton, Eric) (Entered: 01/27/2015)

2015-01-27

View

Specialized Monitoring Solutions, LLC v. Emerson Network Power, Inc.

Overview

Parties

Consol Counter Defendant

Specialized Monitoring Solutions, LLC Follow

Represented By

Consol Defendant

Emerson Network Power, Inc. Follow

Represented By

Counter-Claimant

Liebert Corporation Follow

Represented By

Defendant

Emerson Electric Company Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Emerson Network Power, Inc. ( Filing fee $ 400 receipt number 0540-5010179.), filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Exhibit A - '553 Patent, # 2 Civil Cover Sheet)(Albritton, Eric) (Entered: 01/20/2015)

DEMAND for Trial by Jury by Specialized Monitoring Solutions, LLC. (Albritton, Eric) (Entered: 01/20/2015)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Albritton, Eric) (Entered: 01/27/2015)

CORPORATE DISCLOSURE STATEMENT filed by Specialized Monitoring Solutions, LLC (Albritton, Eric) (Entered: 01/27/2015)

NOTICE of Attorney Appearance by Michael A. Benefield on behalf of Specialized Monitoring Solutions, LLC (Benefield, Michael) (Entered: 01/27/2015)

ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by Judge Robert W. Schroeder, III on 1/29/2015. (ch, ) (Entered: 01/29/2015)

NOTICE of Attorney Appearance by Daniel Louis Schmid on behalf of Specialized Monitoring Solutions, LLC (Schmid, Daniel) (Entered: 02/04/2015)

SUMMONS Issued as to Emerson Network Power, Inc.. (nkl, ) (Entered: 02/19/2015)

SUMMONS Returned Executed by Emerson Network Power, Inc.. Emerson Network Power, Inc. served on 2/24/2015, answer due 3/17/2015. (nkl, ) (Entered: 03/09/2015)

NOTICE of Attorney Appearance by Jay D Ellwanger on behalf of Specialized Monitoring Solutions, LLC (Ellwanger, Jay) (Entered: 03/13/2015)

MOTION to Dismiss Under Rule 12(b)(6) by Emerson Network Power, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2)(Smith, Melissa) (Entered: 03/17/2015)

MOTION to Dismiss Under Rule 12(b)(6) by Emerson Network Power, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2)(Smith, Melissa) (Entered: 03/17/2015)

MOTION to Dismiss Under Rule 12(b)(6) by Emerson Network Power, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2)(Smith, Melissa) (Entered: 03/17/2015)

MOTION to Dismiss Under Rule 12(b)(6) by Emerson Network Power, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2)(Smith, Melissa) (Entered: 03/17/2015)

CORPORATE DISCLOSURE STATEMENT filed by Emerson Network Power, Inc. identifying Corporate Parent Emerson Electric Co. for Emerson Network Power, Inc.. (Smith, Melissa) (Entered: 03/17/2015)

RESPONSE to Motion re 11 MOTION to Dismiss Under Rule 12(b)(6) filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 04/03/2015)

Opposed MOTION for Leave to File its First Amended Complaint by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 04/06/2015)

AMENDED COMPLAINT Plaintiff's First Amended Complaint against Emerson Network Power, Inc., filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Exhibit A - '553 Patent)(Albritton, Eric) (Entered: 04/06/2015)

REPLY to Response to Motion re 11 MOTION to Dismiss Under Rule 12(b)(6) filed by Emerson Network Power, Inc.. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4)(Smith, Melissa) (Entered: 04/13/2015)

RESPONSE in Opposition re 14 Opposed MOTION for Leave to File its First Amended Complaint filed by Emerson Network Power, Inc.. (Smith, Melissa) (Entered: 04/23/2015)

SUR-REPLY to Reply to Response to Motion re 11 MOTION to Dismiss Under Rule 12(b)(6) filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schmid, Daniel) (Entered: 04/23/2015)

NOTICE of Attorney Appearance - Pro Hac Vice by Donald L Jackson on behalf of Emerson Network Power, Inc.. Filing fee $ 100, receipt number 0540-5178267. (Jackson, Donald) (Entered: 04/30/2015)

NOTICE of Attorney Appearance - Pro Hac Vice by J Scott Davidson on behalf of Emerson Network Power, Inc.. Filing fee $ 100, receipt number 0540-5178286. (Davidson, J) (Entered: 04/30/2015)

REPLY to Response to Motion re 14 Opposed MOTION for Leave to File its First Amended Complaint filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schmid, Daniel) (Entered: 05/04/2015)

SUR-REPLY to Reply to Response to Motion re 14 Opposed MOTION for Leave to File its First Amended Complaint filed by Emerson Network Power, Inc.. (Smith, Melissa) (Entered: 05/05/2015)

NOTICE of Attorney Appearance - Pro Hac Vice by James D Berquist on behalf of Emerson Network Power, Inc.. Filing fee $ 100, receipt number 0540-5190236. (Berquist, James) (Entered: 05/08/2015)

ORDER granting 14 Motion for Leave to Amend its Complaint. Signed by Magistrate Judge Roy S. Payne on 05/29/2015. (nkl, ) (Entered: 05/29/2015)

NOTICE of Readiness for Scheduling Conference by Specialized Monitoring Solutions, LLC (Albritton, Eric) (Entered: 06/12/2015)

NOTICE of Readiness for Scheduling Conference by Specialized Monitoring Solutions, LLC re 25 Notice of Readiness for Scheduling Conference Plaintiff's Amended Notice of Readiness for Scheduling Conference (Albritton, Eric) (Entered: 06/12/2015)

Unopposed MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint and Waiver of Service by Emerson Electric Company, Liebert Corporation. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) (Entered: 06/26/2015)

ORDER granting 28 Motion for Extension of Time to Respond to Plaintiffs First Amended Complaint and Waiver of Service. Signed by Magistrate Judge Roy S. Payne on 06/29/2015. (nkl, ) (Entered: 06/29/2015)

Update Answer Deadline

REPLY to Response to Motion re 27 MOTION to Dismiss Renewed Motion to Dismiss Emerson Network Power, Inc. filed by Emerson Network Power, Inc.. (Smith, Melissa) (Entered: 07/09/2015)

SUR-REPLY to Reply to Response to Motion re 27 MOTION to Dismiss Renewed Motion to Dismiss Emerson Network Power, Inc. filed by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Exhibit A - Network Power EDTX Location)(Albritton, Eric) (Entered: 07/20/2015)

MOTION to Dismiss for Failure to State a Claim, for Lack of Personal Jurisdiction, for Improper Venue, and for Misjoinder by Emerson Electric Company. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Declaration of John Shivley)(Smith, Melissa) (Entered: 07/29/2015)

ANSWER to 15 Amended Complaint by Liebert Corporation.(Smith, Melissa) (Entered: 07/29/2015)

DEMAND for Trial by Jury by Liebert Corporation. (Smith, Melissa) (Entered: 07/29/2015)

CORPORATE DISCLOSURE STATEMENT filed by Liebert Corporation identifying Corporate Parent EECO, Inc., Other Affiliate Emerson Electric Co. for Liebert Corporation. (Smith, Melissa) (Entered: 07/30/2015)

CORPORATE DISCLOSURE STATEMENT filed by Emerson Electric Company (Smith, Melissa) (Entered: 07/30/2015)

NOTICE of Attorney Appearance by William Robert Lamb on behalf of Liebert Corporation (Lamb, William) (Entered: 08/14/2015)

REPLY to Response to Motion re 33 MOTION to Dismiss for Failure to State a Claim, for Lack of Personal Jurisdiction, for Improper Venue, and for Misjoinder filed by Emerson Electric Company. (Smith, Melissa) (Entered: 08/27/2015)

REPLY to Response to Motion re 39 Opposed MOTION to Sever and Transfer Venue Under 28 U.S.C.§ 1404(a) filed by Liebert Corporation. (Attachments: # 1 Exhibit Declaration of Jeff Sturgeon)(Smith, Melissa) (Entered: 09/14/2015)

Unopposed MOTION for Leave to File Sur-Sur Reply re 33 MOTION to Dismiss for Failure to State a Claim, for Lack of Personal Jurisdiction, for Improper Venue, and for Misjoinder by Emerson Electric Company. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) (Entered: 09/18/2015)

RESPONSE to 43 Sur-Reply to Reply to Response to Motion, filed by Emerson Electric Company. (Smith, Melissa) (Entered: 09/18/2015)

ORDER granting 45 Motion for Leave to File a Sur-Sur Reply. Signed by Magistrate Judge Roy S. Payne on 09/22/2015. (nkl, ) (Entered: 09/23/2015)

SUR-REPLY to Reply to Response to Motion re 39 Opposed MOTION to Sever and Transfer Venue Under 28 U.S.C.§ 1404(a) filed by Specialized Monitoring Solutions, LLC. (Albritton, Eric) (Entered: 09/24/2015)

Unopposed MOTION to Withdraw as Attorney Plaintiff's Unopposed Motion to Withdraw Michael Benefield as Counsel, and terminate CM/ECF Notices by Specialized Monitoring Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 01/04/2016)

NOTICE of Attorney Appearance by Shawn A. Latchford on behalf of Specialized Monitoring Solutions, LLC (Latchford, Shawn) (Entered: 01/05/2016)

ORDER granting 49 Motion to Withdraw as Attorney. Attorney Michael A. Benefield terminated. Signed by Magistrate Judge Roy S. Payne on 01/06/2016. (nkl, ) (Entered: 01/06/2016)

ORDER DISMISSING CASE without prejuduce. Signed by Magistrate Judge Roy S. Payne on 2/10/2016. (ch, ) (Entered: 02/11/2016)

Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (ch, ) (Entered: 02/11/2016)

Track Case Updates

Specialized Monitoring Solutions, LLC

Emerson Network Power, Inc.

Liebert Corporation

Emerson Electric Company