Speculative Product Design, LLC v. Otter Products, LLC

5:14-cv-03749

Overview

Case Number 5:14-cv-03749

Filing Date 2014-08-18

Status Terminated

Termination Date 2015-05-13

Court District Court, N.D. California (cand)

Presiding Judge Edward J. Davila

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Counter-Claimant

Otter Products, LLC

Represented By

7 Attorneys Listed

James Warren Beard

Kirkland & Ellis LLP

Tel: +1 (415) 439-1689

Fax: +1 (415) 436-1500

555 California Street, San Francisco, CA 94403

Reid Phillip Huefner

Kirkland & Ellis LLP

Tel: +1 (312) 862-3186

Fax: +1 (312) 862-2200

300 North LaSalle Street, Chicago, IL 60654

Sarah Elizabeth Piepmeier

Kirkland & Ellis LLP

Tel: +1 (415) 439-1976

Fax: +1 (415) 439-1500

555 California Street, San Francisco, CA 94104

Rachael Dauphine Lamkin

Otter Products, LLC

Tel: +1 (970) 498-2257

Otter Products, LLC, 209 S. Meldrum Street

Megan Margaret New

Kirkland Ellis LLP

Tel: +1 (312) 862-7439

300 North LaSalle, Chicago, IL 60654

Jeremy J Taylor

Baker Botts LLP

Tel: +1 (415) 291-6202

Fax: +1 (415) 291-6302

101 California Street, Suite 3600

Garret Alan Leach

Kirkland & Ellis LLP

Tel: +1 (312) 862-2000

Fax: +1 (312) 862-2200

300 North LaSalle Street, Chicago, IL 60654

Counter Defendant

Speculative Product Design, LLC

Represented By

8 Attorneys Listed

Clement S. Roberts

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (415) 773-5700

Fax: +1 (415) 773-5759

405 Howard Street, San Francisco, CA 94105-2669

Joseph Charles Gratz

Durie Tangri LLP

Tel: +1 (415) 362-6666

Fax: +1 (415) 236-6300

217 Leidesdorff Street, San Francisco, CA 94111

Elizabeth Offen-Brown Klein

Durie Tangri LLP

Tel: +1 (415) 362-6666

Fax: +1 (415) 236-6300

217 Leidesdorff Street, San Francisco, CA 94111

Zac Alexander Cox

Durie Tangri LLP

Tel: +1 (415) 362-6666

217 Leidesdorff Street, San Francisco, CA 94111

Robert E Colletti

Frommer Lawrence Haug LLP

Tel: +1 (212) 588-0800

Fax: +1 (212) 588-0500

745 Fifth Avenue, New York, NY 10151

Janice X Ye

Frommer Lawrence and Haug LLP

Tel: +1 (212) 588-0800

745 Fifth Avenue, New York, NY 10151

Christopher F Gosselin

Frommer Lawrence and Haug LLP

Tel: +1 (202) 292-1530

1667 K St. NW, Washington, DC 20006

Christian Edward Samay

Frommer Lawrence Haug LLP

Tel: +1 (212) 588-0800

745 5th Ave, No. 10, New York, NY 10151

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Edward J. Davila

Patents Involved

5 Patents

There are 5 patents involved in this case.

Application Number	Patent Number	External Links
-	US8792232	Espacenet Google Patents
-	US8976512	Espacenet Google Patents
-	US8972232	Espacenet Google Patents
-	US8204561	Espacenet Google Patents
-	US8755852	Espacenet Google Patents

Docket Entries

COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

2014-08-18

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COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

2014-08-18

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COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

2014-08-18

View

COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

2014-08-18

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Speculative Product Design, LLC v. Otter Products, LLC

Overview

Parties

Counter-Claimant

Otter Products, LLC Follow

Represented By

Counter Defendant

Speculative Product Design, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

COMPLAINT against Otter Products, LLC ( Filing fee $ 400, receipt number 0971-8854770.). Filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A - US8204561, # 2 Exhibit B - US8755852, # 3 Civil Cover Sheet)(Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

Certificate of Interested Entities by Speculative Product Design, LLC identifying Corporate Parent Samsonite LLC, Corporate Parent Samsonite International S.A. for Speculative Product Design, LLC. (Roberts, Clement) (Filed on 8/18/2014) (Entered: 08/18/2014)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/18/2014. Case Management Conference set for 11/25/2014 10:00 AM. (Attachments: # 1 Standing Order)(mclS, COURT STAFF) (Filed on 8/19/2014) (Entered: 08/19/2014)

REPORT on the filing or determination of an action regarding Patent Infringement. (cc: form mailed to register). (mclS, COURT STAFF) (Entered: 08/19/2014)

Proposed Summons. (Roberts, Clement) (Filed on 8/29/2014) (Entered: 08/29/2014)

Summons Issued as to Otter Products, LLC. (mclS, COURT STAFF) (Entered: 09/02/2014)

ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Speculative Product Design, LLC byOtter Products, LLC. (Attachments: # 1 Exhibit 1 - US Patent No. 8,792,232)(Taylor, Jeremy) (Filed on 9/2/2014) (Entered: 09/02/2014)

NOTICE of Appearance by Rachael Dauphine Lamkin for Otter Products, LLC (Lamkin, Rachael) (Filed on 9/3/2014) (Entered: 09/03/2014)

Certificate of Interested Entities by Otter Products, LLC (Taylor, Jeremy) (Filed on 9/3/2014) (Entered: 09/03/2014)

MOTION for Preliminary Injunction filed by Otter Products, LLC. Motion Hearing set for 10/14/2014 09:00 AM before Magistrate Judge Elizabeth D. Laporte. Responses due by 9/17/2014. Replies due by 9/24/2014. (Taylor, Jeremy) (Filed on 9/3/2014) (Entered: 09/03/2014)

Declaration of Jessica Lecy in Support of 11 MOTION for Preliminary Injunction filed byOtter Products, LLC. (Attachments: # 1 Exhibit 40, # 2 Exhibit 41)(Related document(s) 11 ) (Taylor, Jeremy) (Filed on 9/3/2014) (Entered: 09/03/2014)

MOTION for leave to appear in Pro Hac Vice Robert E. Colletti ( Filing fee $ 305, receipt number 0971-8896648.) filed by Speculative Product Design, LLC. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate/Proof of Service)(Colletti, Robert) (Filed on 9/4/2014) (Entered: 09/04/2014)

MOTION for leave to appear in Pro Hac Vice Christian E. Samay ( Filing fee $ 305, receipt number 0971-8896768.) filed by Speculative Product Design, LLC. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate/Proof of Service)(Samay, Christian) (Filed on 9/4/2014) (Entered: 09/04/2014)

ORDER Granting 17 Application for Admission of Attorney Pro Hac Vice signed by Chief Magistrate Judge Elizabeth D. Laporte.(shyS, COURT STAFF) (Filed on 9/5/2014) (Entered: 09/05/2014)

ORDER Granting 18 Application for Admission of Attorney Pro Hac Vice signed by Chief Magistrate Judge Elizabeth D. Laporte.(shyS, COURT STAFF) (Filed on 9/5/2014) (Entered: 09/05/2014)

SUMMONS Returned Executed by Speculative Product Design, LLC. Otter Products, LLC served on 9/2/2014, answer due 9/23/2014. (Roberts, Clement) (Filed on 9/9/2014) (Entered: 09/09/2014)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Otter Products, LLC.. (Taylor, Jeremy) (Filed on 9/10/2014) (Entered: 09/10/2014)

MOTION for leave to appear in Pro Hac Vice of Garret A. Leach ( Filing fee $ 305, receipt number 0971-8910192.) filed by Otter Products, LLC. (Attachments: # 1 Gertificate of Good Standing, # 2 Certificate/Proof of Service)(Leach, Garret) (Filed on 9/10/2014) (Entered: 09/10/2014)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Speculative Product Design, LLC.. (Roberts, Clement) (Filed on 9/10/2014) (Entered: 09/10/2014)

MOTION for leave to appear in Pro Hac Vice for Reid Huefner ( Filing fee $ 305, receipt number 0971-8910603.) filed by Otter Products, LLC. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate/Proof of Service)(Huefner, Reid) (Filed on 9/10/2014) (Entered: 09/10/2014)

NOTICE of Appearance by Elizabeth Offen-Brown Klein (Klein, Elizabeth) (Filed on 9/11/2014) (Entered: 09/11/2014)

ORDER, Case reassigned to Hon. Edward J. Davila. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 9/11/14. (ha, COURT STAFF) (Filed on 9/11/2014) (Entered: 09/11/2014)

RESPONSE (re 11 MOTION for Preliminary Injunction ) (Redacted Version) filed bySpeculative Product Design, LLC. (Roberts, Clement) (Filed on 9/17/2014) (Entered: 09/17/2014)

Declaration of Timothy Brophy in Support of 32 Opposition/Response to Motion filed bySpeculative Product Design, LLC. (Related document(s) 32 ) (Roberts, Clement) (Filed on 9/17/2014) (Entered: 09/17/2014)

Declaration of Kelly Colby in Support of 32 Opposition/Response to Motion filed bySpeculative Product Design, LLC. (Related document(s) 32 ) (Roberts, Clement) (Filed on 9/17/2014) (Entered: 09/17/2014)

Declaration of Rusty Everett in Support of 32 Opposition/Response to Motion filed bySpeculative Product Design, LLC. (Related document(s) 32 ) (Roberts, Clement) (Filed on 9/17/2014) (Entered: 09/17/2014)

CERTIFICATE OF SERVICE by Speculative Product Design, LLC re 31 Administrative Motion to File Under Seal (Confidential Versions) (Roberts, Clement) (Filed on 9/17/2014) (Entered: 09/17/2014)

ORDER granting 15 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 9/18/2014. (ejdlc1S, COURT STAFF) (Filed on 9/18/2014) (Entered: 09/18/2014)

REPLY (re 11 MOTION for Preliminary Injunction ) - Redacted Public Version filed byOtter Products, LLC. (Taylor, Jeremy) (Filed on 9/24/2014) (Entered: 09/24/2014)

Declaration of Jeremy J. Taylot in Support of 42 Reply to Opposition/Response filed byOtter Products, LLC. (Attachments: # 1 Exhibit 1)(Related document(s) 42 ) (Taylor, Jeremy) (Filed on 9/24/2014) (Entered: 09/24/2014)

Declaration of John Kreutzfeldt in Support of 42 Reply to Opposition/Response filed byOtter Products, LLC. (Related document(s) 42 ) (Taylor, Jeremy) (Filed on 9/24/2014) (Entered: 09/24/2014)

Declaration of Ruben Blanco in Support of 42 Reply to Opposition/Response filed byOtter Products, LLC. (Related document(s) 42 ) (Taylor, Jeremy) (Filed on 9/24/2014) (Entered: 09/24/2014)

RESPONSE (re 47 MOTION to Shorten Time (Plaintiffs Administrative Motion to Change Time of the Hearing on Motion to Dismiss) ) filed byOtter Products, LLC. (Attachments: # 1 Declaration Of Jeremy Taylor)(Taylor, Jeremy) (Filed on 9/26/2014) (Entered: 09/26/2014)

ORDER denying 47 Motion to Shorten Time. Signed by Judge Edward J. Davila on 9/30/2014. (ejdlc1S, COURT STAFF) (Filed on 9/30/2014) (Entered: 09/30/2014)

ORDER Granting 23 Motion for Pro Hac Vice for Garret Leach as to Defendant. Signed by Judge Edward J. Davila on 10/3/2014. (ecg, COURT STAFF) (Filed on 10/3/2014) (Entered: 10/03/2014)

Order Granting 25 Motion for Pro Hac Vice for Reid Huefner for Defendant. Signed by Hon. Edward J. Davila on 10/3/2014.(ecg, COURT STAFF) (Filed on 10/3/2014) (Entered: 10/03/2014)

ORDER granting 31 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 10/7/2014. (ejdlc1S, COURT STAFF) (Filed on 10/7/2014) (Entered: 10/07/2014)

ORDER granting 46 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 10/7/2014. (ejdlc1S, COURT STAFF) (Filed on 10/7/2014) (Entered: 10/07/2014)

RESPONSE (re 41 MOTION to Dismiss ) filed byOtter Products, LLC. (Leach, Garret) (Filed on 10/7/2014) (Entered: 10/07/2014)

Declaration of Garret A. Leach in Support of 54 Opposition/Response to Motion filed byOtter Products, LLC. (Attachments: # 1 Exhibit A)(Related document(s) 54 ) (Leach, Garret) (Filed on 10/7/2014) (Entered: 10/07/2014)

REPLY (re 41 MOTION to Dismiss ) filed bySpeculative Product Design, LLC. (Attachments: # 1 Gosselin Declaration, # 2 Gosselin Declaration Exhibit 1)(Roberts, Clement) (Filed on 10/14/2014) (Entered: 10/14/2014)

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A)(Related document(s) 32 ) (Roberts, Clement) (Filed on 10/21/2014) (Entered: 10/21/2014)

NOTICE by Otter Products, LLC of Partial Withdrawal of its Motion for Preliminary Injunction (Attachments: # 1 Declaration of Garret A. Leach)(Leach, Garret) (Filed on 10/30/2014) (Entered: 10/30/2014)

RESPONSE to re 58 Notice (Other) of Partial Withdrawal of its Motion for Preliminary Injunction by Speculative Product Design, LLC. (Attachments: # 1 Exhibit 1)(Roberts, Clement) (Filed on 11/4/2014) (Entered: 11/04/2014)

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed bySpeculative Product Design, LLC. (Attachments: # 1 Exhibit A)(Related document(s) 11 ) (Roberts, Clement) (Filed on 11/4/2014) (Entered: 11/04/2014)

Notice of Withdrawal of 11 Motion for Preliminary Injunction (Attachments: # 1 Declaration of Garret A. Leach)(Leach, Garret) (Filed on 11/7/2014) Modified text on 9/9/2015 (ecg, COURT STAFF). (Entered: 11/07/2014)

JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Speculative Product Design, LLC. (Roberts, Clement) (Filed on 1/29/2015) (Entered: 01/29/2015)

NOTICE of Appearance by Sarah Elizabeth Piepmeier (Piepmeier, Sarah) (Filed on 2/4/2015) (Entered: 02/04/2015)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9264033.) filed by Otter Products, LLC. (New, Megan) (Filed on 2/4/2015) (Entered: 02/04/2015)

Order Granting 67 Motion for Pro Hac Vice for Attorney Megan New for Defendant. Signed by Hon. Edward J. Davila on 2/5/2015.(ecg, COURT STAFF) (Filed on 2/5/2015) (Entered: 02/05/2015)

Order Granting 69 Motion for Pro Hac Vice for Christopher Gosselin for Plaintiff. Signed by Hon. Edward J. Davila on 2/13/2015.(ecg, COURT STAFF) (Filed on 2/13/2015) Modified text on 2/17/2015 (ecg, COURT STAFF). (Entered: 02/13/2015)

First MOTION for leave to appear in Pro Hac Vice Janice Ye ( Filing fee $ 305, receipt number 0971-9301027.) filed by Speculative Product Design, LLC. (Attachments: # 1 Certificate/Proof of Service)(Ye, Janice) (Filed on 2/19/2015) (Entered: 02/19/2015)

Order Granting 71 Motion for Pro Hac Vice of Attorney Janice Ye for Speculative Design LLC. Signed by Hon. Edward J. Davila on 2/19/2015.(ecg, COURT STAFF) (Filed on 2/19/2015) (Entered: 02/19/2015)

MOTION permitting use of equipment during the February 26, 2015 Motion to Dismiss Hearing filed by Speculative Product Design, LLC. Responses due by 3/6/2015. Replies due by 3/13/2015. (Attachments: # 1 Proposed Order)(Roberts, Clement) (Filed on 2/20/2015) (Entered: 02/20/2015)

Order Granting 73 Motion Permitting use of equipment during the February 26, 2015 Motion to Dismiss Hearing. Signed by Hon. Edward J. Davila on 2/24/2015. (ecg, COURT STAFF) (Filed on 2/24/2015) (Entered: 02/24/2015)

NOTICE of Appearance by Zac Alexander Cox for Speculative Product Design, LLC (Cox, Zac) (Filed on 2/25/2015) (Entered: 02/25/2015)

TRANSCRIPT ORDER by Speculative Product Design, LLC for Court Reporter Irene Rodriguez. (Roberts, Clement) (Filed on 2/26/2015) (Entered: 02/26/2015)

NOTICE of Appearance by James Warren Beard on behalf of Otter Products, LLC (Beard, James) (Filed on 3/13/2015) (Entered: 03/13/2015)

STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Speculative Product Design, LLC. (Roberts, Clement) (Filed on 3/27/2015) (Entered: 03/27/2015)

ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul Singh Grewal granting 80 (psglc2, COURT STAFF) (Filed on 3/30/2015) (Entered: 03/30/2015)

ORDER granting 79 Stipulated Motion for Leave to File Amended Counterclaims. Signed by Judge Edward J. Davila on 4/2/2015. (ejdlc1S, COURT STAFF) (Filed on 4/2/2015) (Entered: 04/02/2015)

STIPULATION WITH PROPOSED ORDER Re stay pending resolution of patent office proceedings and ITC Investigation No. 337-TA-955 filed by Otter Products, LLC. (Beard, James) (Filed on 5/8/2015) (Entered: 05/08/2015)

STIPULATION WITH PROPOSED ORDER to Dismiss with Prejudice filed by Otter Products, LLC. (Leach, Garret) (Filed on 7/14/2015) (Entered: 07/14/2015)

Order Granting 88 Stipulation for Dismissal with Prejudice. Signed by Hon. Edward J. Davila on 7/16/2015.(ecg, COURT STAFF) (Filed on 7/16/2015) (Entered: 07/16/2015)

Track Case Updates

Otter Products, LLC

Speculative Product Design, LLC