Swirlate IP LLC v. Keep Truckin, Inc.

1:20-cv-01283

Overview

Case Number 1:20-cv-01283

Filing Date 2020-09-23

Status Terminated

Termination Date 2021-09-29

Court District Court, D. Delaware (ded)

Presiding Judge Colm F. Connolly

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Keep Truckin, Inc.

Represented By

3 Attorneys Listed

Vimal M. Kapadia

Email: kapadiav@gtlaw.com

Joshua L. Raskin

Email: raskinj@gtlaw.com

Benjamin J. Schladweiler

Greenberg Traurig, LLP

Tel: +1 (302) 661-7394

The Nemours Building, 1007 North Orange Street, Suite 1200

Plaintiff

Swirlate IP LLC

Represented By

2 Attorneys Listed

David R. Bennett

Email: dbennett@directionip.com

Jimmy C. Chong

The Chong Law Firm, P.A.

Tel: +1 (302) 999-9480

2961 Centerville Road, Suite 350, Wilmington, DE 19808

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Colm F. Connolly

Patents Involved

2 Patents

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US7154961	Espacenet Google Patents
-	US7567622	Espacenet Google Patents

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Keep Truckin, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number ADEDC-3219924) - filed by Swirlate IP LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(amf) (Entered: 09/24/2020)

2020-09-23

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COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Keep Truckin, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number ADEDC-3219924) - filed by Swirlate IP LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(amf) (Entered: 09/24/2020)

2020-09-23

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COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Keep Truckin, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number ADEDC-3219924) - filed by Swirlate IP LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(amf) (Entered: 09/24/2020)

2020-09-23

View

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Keep Truckin, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number ADEDC-3219924) - filed by Swirlate IP LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(amf) (Entered: 09/24/2020)

2020-09-23

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Swirlate IP LLC v. Keep Truckin, Inc.

Overview

Parties

Defendant

Keep Truckin, Inc. Follow

Represented By

Plaintiff

Swirlate IP LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) (Entered: 09/24/2020)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,154,961 and 7,567,622. (amf) (Entered: 09/24/2020)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Swirlate IP LLC. (amf) (Entered: 09/24/2020)

Summonses Issued (please complete the top portion of the form and print out for use/service). (amf) (Entered: 09/24/2020)

SUMMONS Returned Executed by Swirlate IP LLC. Keep Truckin, Inc. served on 9/25/2020, answer due 10/16/2020. (Chong, Jimmy) (Entered: 09/28/2020)

Case Assigned/Reassigned

Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:20-cv-01283-CFC, 1:20-cv-01284-CFC (rjb)

STIPULATION TO EXTEND TIME Answer to complaint to 11/16/2020 - filed by Swirlate IP LLC. (Chong, Jimmy) (Entered: 10/12/2020)

MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett - filed by Swirlate IP LLC. (Attachments: # 1 Affidavit)(Chong, Jimmy) (Entered: 10/12/2020)

SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett filed by Swirlate IP LLC. Signed by Judge Colm F. Connolly on 10/14/2020. (fms)

Pro Hac Vice Attorney David R. Bennett for Swirlate IP LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-01283-CFC, 1:20-cv-01284-CFC(kmd)

Add Attorneys - PHV only

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED

SO ORDERED, re 7 STIPULATION TO EXTEND TIME Answer to complaint to 11/16/2020 filed by Swirlate IP LLC, Set/Reset Answer Deadlines: Keep Truckin, Inc. answer due 11/16/2020. Signed by Judge Colm F. Connolly on 10/14/2020. (fms)

STIPULATION TO EXTEND TIME answer to complaint to 01/15/2021 - filed by Swirlate IP LLC. (Chong, Jimmy) (Entered: 11/06/2020)

SO ORDERED, re 9 STIPULATION TO EXTEND TIME answer to complaint to 01/15/2021 filed by Swirlate IP LLC, Set/Reset Answer Deadlines: Keep Truckin, Inc. answer due 1/15/2021. Signed by Judge Colm F. Connolly on 11/9/2020. (fms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

Third STIPULATION TO EXTEND TIME to Answer the Complaint to 02/15/2021 - filed by Swirlate IP LLC. (Chong, Jimmy) (Entered: 01/06/2021)

SO ORDERED, re 10 Third STIPULATION TO EXTEND TIME to Answer the Complaint to 02/15/2021 filed by Swirlate IP LLC. Set/Reset Answer Deadlines: Keep Truckin, Inc. answer due 2/15/2021. Signed by Judge Colm F. Connolly on 1/6/2021. (fms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by Keep Truckin, Inc.. (Attachments: # 1 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 02/15/2021)

MOTION to Dismiss for Failure to State a Claim - filed by Keep Truckin, Inc.. (Attachments: # 1 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 02/15/2021)

OPENING BRIEF in Support re 11 MOTION to Dismiss for Failure to State a Claim filed by Keep Truckin, Inc..Answering Brief/Response due date per Local Rules is 3/1/2021. (Schladweiler, Benjamin) (Entered: 02/15/2021)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Keep Truckin, Inc.. (Schladweiler, Benjamin) (Entered: 02/15/2021)

MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin - filed by Keep Truckin, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certification by Counsel)(Schladweiler, Benjamin) (Entered: 02/15/2021)

MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia - filed by Keep Truckin, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certification by Counsel)(Schladweiler, Benjamin) (Entered: 02/15/2021)

SO ORDERED, re 15 MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia filed by Keep Truckin, Inc., 14 MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin filed by Keep Truckin, Inc. Signed by Judge Colm F. Connolly on 2/16/2021. (fms)

SO ORDERED

STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to 03/29/2021 - filed by Swirlate IP LLC. (Chong, Jimmy) (Entered: 02/17/2021)

Pro Hac Vice Attorneys Joshua L. Raskin and Vimal M. Kapadia for Keep Truckin, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

SO ORDERED, re 16 STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to 03/29/2021 filed by Swirlate IP LLC, Set Briefing Schedule: re 11 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 3/29/2021.). Signed by Judge Colm F. Connolly on 2/17/2021. (fms)

~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

Add Attorneys - PHV only

ANSWERING BRIEF in Opposition re 11 MOTION to Dismiss for Failure to State a Claim filed by Swirlate IP LLC.Reply Brief due date per Local Rules is 4/5/2021. (Chong, Jimmy) (Entered: 03/29/2021)

STIPULATION TO EXTEND TIME to file Reply in Support of Motion to Dismiss the Complaint to April 19, 2021 - filed by Keep Truckin, Inc.. (Schladweiler, Benjamin) (Entered: 03/29/2021)

~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

REPLY BRIEF re 11 MOTION to Dismiss for Failure to State a Claim filed by Keep Truckin, Inc.. (Schladweiler, Benjamin) (Entered: 04/19/2021)

REQUEST For Oral Argument re 12 Opening Brief in Support, 11 MOTION to Dismiss for Failure to State a Claim - filed by Swirlate IP LLC. (Chong, Jimmy) Modified on 4/20/2021 (fms). (Entered: 04/20/2021)

- CORRECTING ENTRY

MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 7/28/2021. (nmf)

ORDER granting 11 Motion to Dismiss. Plaintiff Swirlate has 21 days from the date of this Order to file an amended complaint. Signed by Judge Colm F. Connolly on 7/28/2021. (nmf) (Entered: 07/28/2021)

AMENDED COMPLAINT for Patent Infringement against Keep Truckin, Inc.- filed by Swirlate IP LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Chong, Jimmy) (Entered: 08/18/2021)

RESPONSE to Order re 21 Order,,, Set Deadlines,, . (Chong, Jimmy) (Entered: 08/27/2021)

STIPULATION TO EXTEND TIME to Answer Amended Complaint to September 8, 2021 - filed by Keep Truckin, Inc.. (Schladweiler, Benjamin) (Entered: 08/27/2021)

SO ORDERED, re 26 STIPULATION TO EXTEND TIME to Answer Amended Complaint to September 8, 2021 filed by Keep Truckin, Inc., Set/Reset Answer Deadlines: Keep Truckin, Inc. answer due 9/8/2021. Signed by Judge Colm F. Connolly on 8/27/2021. (nmf)

~Util - Set/Reset Answer Deadline AND SO ORDERED

Letter to The Honorable Colm F. Connolly from Jimmy Chong regarding being excused from the October 29,2021 Scheduling Conference. (Chong, Jimmy) (Entered: 09/01/2021)

STIPULATION TO EXTEND TIME to Answer Amended Complaint to September 15, 2021 - filed by Keep Truckin, Inc.. (Schladweiler, Benjamin) (Entered: 09/08/2021)

SO ORDERED, re 29 STIPULATION TO EXTEND TIME to Answer Amended Complaint to September 15, 2021 filed by Keep Truckin, Inc. Set/Reset Answer Deadlines: Keep Truckin, Inc. answer due 9/15/2021. Signed by Judge Colm F. Connolly on 9/10/2021. (fms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

STIPULATION TO EXTEND TIME of all deadlines to thirty (30) days from date of Order - filed by Keep Truckin, Inc.. (Schladweiler, Benjamin) (Entered: 09/13/2021)

SO ORDERED, re 30 STIPULATION TO EXTEND TIME of all deadlines to thirty (30) days from date of Order filed by Keep Truckin, Inc. Signed by Judge Colm F. Connolly on 9/14/2021. (nmf)

SO ORDERED

STIPULATION of Dismissal by Swirlate IP LLC. (Chong, Jimmy) (Entered: 09/29/2021)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,154,961; 7,567,622. (Attachments: # 1 Stipulation of Dismissal with Prejudice (DI 31 ))(kmd) (Entered: 09/29/2021)

SO ORDERED, re 31 Stipulation of Dismissal filed by Swirlate IP LLC. ***Civil Case Terminated. Signed by Judge Colm F. Connolly on 9/29/2021. (kmd)

~Util - Terminate Civil Case AND SO ORDERED

Track Case Updates

Keep Truckin, Inc.

Swirlate IP LLC