Tang v. Tofasco of America, Inc.

5:11-cv-05112

Overview

Case Number 5:11-cv-05112

Filing Date 2011-04-28

Status Terminated

Termination Date 2017-03-30

Court District Court, W.D. Arkansas (arwd)

Presiding Judge Erin L. Wiedemann

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:183 Patent Infringement

Jury Demand Defendant

Parties

Defendant

Macsports, Inc.

Represented By

1 Attorneys Listed

Jeff Mitchell

Taylor Law Partners, LLP

Tel: +1 (479) 443-5222

Fax: +1 (479) 443-7842

P.O. Box 8310, 303 E. Millsap Road

Tofasco of America, Inc.

Represented By

7 Attorneys Listed

Todd P. Taylor

Manatt Phelps Phillips LLP

Tel: +1 (202) 585-6500

Fax: +1 (202) 585-6600

700 12th St. NW, Suite 1100

Stephen L. Sulzer

Manatt Phelps Phillips LLP

Tel: +1 (202) 585-6505

Fax: +1 (202) 585-6600

700 12th St. NW Suite 1100, Washington, DC 20005

Angela C. Artherton

FRIDAY, ELDREDGE & CLARK, LLP

Tel: +1 (479) 695-6056

Fax: +1 (501) 537-2934

3350 South Pinnacle Hills Parkway, Suite 301

Reid Eric Dammann

Musick Peeler LLP

Tel: +1 (213) 629-7611

One Wilshire Boulevard, Suite 2000

Matthew C. Elstein

Musick Peeler Garrett LLP

Tel: +1 (619) 525-2589

Fax: +1 (619) 231-1234

225 Broadway, Suite 1900

Marshall S. Ney

Friday, Eldredge & Clark, LLP

Tel: +1 (479) 695-6049

Fax: +1 (501) 244-5389

3350 S Pinnacle Hills Pkwy, Ste 301

Donald Whitlow Bivens

Musick Peeler Garrett LLP

Tel: +1 (619) 252-2500

Fax: +1 (619) 231-1234

225 Broadway, Suite 1900

Northpole, Ltd.

Represented By

3 Attorneys Listed

Richard L. Brophy

Armstrong Teasdale LLP

Tel: +1 (314) 621-5070

Fax: +1 (314) 621-5065

7700 Forsyth Blvd., Suite 1800

Nicholas B. Clifford , Jr.

Tucker Ellis LLP

Tel: +1 (314) 256-2550

100 South 4th, Suite 600

Kevin A. Crass

Friday, Eldredge & Clark

Tel: +1 (501) 376-2011

Fax: +1 (501) 376-2147

Friday, Eldredge & Clark, 2000 Regions Center

Counter Defendant

Larry Tang

Represented By

1 Attorneys Listed

Darrell W. Gibby

Gibby Law Firm PLLC

Tel: +1 (479) 899-2857

Fax: +1 (479) 271-8882

803 S.E. Plaza Ave. Ste. 7, Bentonville, AR 72712

Court & Judges

Court

District Court, W.D. Arkansas (arwd)

Presiding Judge

Erin L. Wiedemann

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US6322138	Espacenet Google Patents

Docket Entries

COMPLAINT against Northpole, Ltd. and Tofasco of America, Inc. ( Filing fee $ 350 receipt number 5002331), filed by Larry Tang. (Attachments: # 1 Exhibit A US Patent, # 2 Exhibit B Letter dated 2/19/2002, # 3 Exhibit C Letter dated 3/21/2002, # 4 Exhibit D Letter dated 8/03/10)(tg) (Entered: 04/28/2011)

2011-04-28

View

CIVIL COVER SHEET for case initiated by Larry Tang. (tg) (Entered: 04/28/2011)

2011-04-28

View

REPORT on the filing or determination of an action re Patent by Larry Tang See attached document for specifics. (tg) (Entered: 04/28/2011)

2011-04-28

View

NOTICE of Appearance by Kevin A. Crass on behalf of Northpole, Ltd.. (Crass, Kevin) (Entered: 05/25/2011)

2011-05-25

View

Tang v. Tofasco of America, Inc.

Overview

Parties

Defendant

Macsports, Inc. Follow

Represented By

Tofasco of America, Inc. Follow

Represented By

Northpole, Ltd. Follow

Represented By

Counter Defendant

Larry Tang Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CIVIL COVER SHEET for case initiated by Larry Tang. (tg) (Entered: 04/28/2011)

REPORT on the filing or determination of an action re Patent by Larry Tang See attached document for specifics. (tg) (Entered: 04/28/2011)

NOTICE of Appearance by Kevin A. Crass on behalf of Northpole, Ltd.. (Crass, Kevin) (Entered: 05/25/2011)

MOTION to Extend Time by Northpole, Ltd.. (Crass, Kevin) (Entered: 05/25/2011)

MOTION for Nicholas B. Clifford, Jr. to Appear Pro Hac Vice by Northpole, Ltd.. (Crass, Kevin) (Entered: 05/25/2011)

MOTION for Richard L. Brophy to Appear Pro Hac Vice by Northpole, Ltd.. (Crass, Kevin) (Entered: 05/25/2011)

ORDER; for good cause shown, Defendant, NorthPole Ltd. is hereby given up to and including 6/10/11, in which to file a responsive pleading to the Plaintiff's Complaint. Signed by Honorable Robert T. Dawson on May 25, 2011. (lw) Modified on 5/26/2011 (src). (Entered: 05/25/2011)

NOTICE of Appearance by Marshall S. Ney on behalf of Tofasco of America, Inc.. (Ney, Marshall) (Entered: 05/26/2011)

MOTION for Extension of Time to File Answer re 1 Complaint, by Tofasco of America, Inc.. (Attachments: # 1 Exhibit A - email dated 05-16-2011)(Ney, Marshall) (Entered: 05/26/2011)

MOTION for Leave to File Pleadings Under Seal and for Attorneys' Eyes Only, or in the Alternative, for an Extension of Time by Northpole, Ltd.. (Crass, Kevin) (Entered: 06/08/2011)

NOTICE of Appearance by Richard L. Brophy on behalf of Northpole, Ltd.. (Brophy, Richard) (Entered: 06/10/2011)

MOTION to Dismiss on Grounds of Equitable Estoppel by Northpole, Ltd. (Crass, Kevin) Modified on 6/23/2011 (tg). Modified on 4/11/2012 to reopen motion per doc 36 (tg). (Entered: 06/10/2011)

NOTICE of Appearance by Nicholas B. Clifford, Jr on behalf of Northpole, Ltd.. (Clifford, Nicholas) (Entered: 06/10/2011)

MOTION for Todd P. Taylor to Appear Pro Hac Vice by Tofasco of America, Inc.. (Attachments: # 1 Exhibit 1 - Affidavit of Todd P. Taylor)(Ney, Marshall) (Entered: 06/21/2011)

MOTION for Extension of Time to File Response/Reply to 13 Motion to Dismiss by Larry Tang. (Gibby, Darrell) Modified on 6/23/2011 (tg). (Entered: 06/22/2011)

NOTICE of Appearance by Todd P. Taylor on behalf of Tofasco of America, Inc.. (Taylor, Todd) (Entered: 06/23/2011)

MOTION for Extension of Time to File Answer re 1 Complaint, by Tofasco of America, Inc.. (Attachments: # 1 Exhibit A - Email dated June 23, 2011)(Ney, Marshall) (Entered: 06/23/2011)

MOTION for Stephen L. Sulzer to Appear Pro Hac Vice by Tofasco of America, Inc.. (Attachments: # 1 Exhibit 1 - Affdavit of Stephen L. Sulzer)(Ney, Marshall) (Entered: 06/29/2011)

NOTICE by Tofasco of America, Inc. of Attorney Appearance by Stephen L. Sulzer (Ney, Marshall) (Entered: 07/01/2011)

NOTICE of Appearance by Stephen L. Sulzer on behalf of Tofasco of America, Inc.. (Sulzer, Stephen) (Entered: 07/06/2011)

ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Larry Tang by Tofasco of America, Inc..(Sulzer, Stephen) (Entered: 07/07/2011)

RESPONSE to Motion re 16 MOTION for Extension of Time to File Response/Reply filed by Northpole, Ltd.. (Crass, Kevin) (Entered: 07/11/2011)

ANSWER/REPLY to 22 Answer to Complaint, Counterclaim by Larry Tang.(Gibby, Darrell) (Entered: 07/15/2011)

Corporate Disclosure Statement by Northpole, Ltd.. (Crass, Kevin) (Entered: 07/21/2011)

NOTICE by Tofasco of America, Inc. FED. R. CIV. P. 7.1 DISCLOSURE STATEMENT (Sulzer, Stephen) (Entered: 08/01/2011)

ORDER granting 13 Motion to Dismiss Northpole LTD. Signed by Honorable Robert T. Dawson on September 26, 2011. (tg) (Entered: 09/26/2011)

MOTION for Attorney Fees and Costs by Northpole, Ltd.. (Crass, Kevin) (Entered: 10/10/2011)

MEMORANDUM BRIEF in Support of 28 MOTION for Attorney Fees and Costs by Northpole, Ltd.. (Crass, Kevin) (Entered: 10/10/2011)

MOTION for Joinder by Larry Tang. (Attachments: # 1 Exhibit Exhibit "A" - Complaint)(Gibby, Darrell) (Entered: 10/10/2011)

RESPONSE in Opposition re 28 MOTION for Attorney Fees and Costs filed by Larry Tang. (Gibby, Darrell) (Entered: 10/18/2011)

MEMORANDUM BRIEF in Support of 31 Response in Opposition to Motion for attorney's fees and costs by Larry Tang. (Gibby, Darrell) (Entered: 10/18/2011)

RESPONSE to Motion re 30 MOTION for Joinder filed by Northpole, Ltd.. (Crass, Kevin) (Entered: 10/24/2011)

RESPONSE in Support re 28 MOTION for Attorney Fees and Costs filed by Northpole, Ltd.. (Crass, Kevin) (Entered: 10/26/2011)

REPLY to Response to Motion re 30 MOTION for Joinder filed by Larry Tang. (Gibby, Darrell) (Entered: 10/28/2011)

ORDER granting 30 Motion for Joinder with instructions set out in Order. Signed by Honorable Robert T. Dawson on November 9, 2011. (tg) (Entered: 11/09/2011)

RESPONSE in Opposition re 13 MOTION to Dismiss on Grounds of Equitable Estoppel filed by Larry Tang. (Attachments: # 1 Exhibit Mr. Brodsky letters, # 2 Exhibit Mr. Fleischli declaration, # 3 Exhibit Mr. Sung email)(Gibby, Darrell) (Entered: 11/12/2011)

RESPONSE in Opposition re 13 MOTION to Dismiss on Grounds of Equitable Estoppel filed by Larry Tang. (Attachments: # 1 Exhibit Mr. Brodsky letters, # 2 Exhibit Mr. Fleischli declaration, # 3 Exhibit Mr. Sung email)(Gibby, Darrell) (Entered: 11/12/2011)

RESPONSE in Opposition re 13 MOTION to Dismiss on Grounds of Equitable Estoppel filed by Larry Tang. (Attachments: # 1 Exhibit Mr. Brodsky letters, # 2 Exhibit Mr. Fleischli declaration, # 3 Exhibit Mr. Sung email)(Gibby, Darrell) (Entered: 11/12/2011)

RESPONSE in Opposition re 13 MOTION to Dismiss on Grounds of Equitable Estoppel filed by Larry Tang. (Attachments: # 1 Exhibit Mr. Brodsky letters, # 2 Exhibit Mr. Fleischli declaration, # 3 Exhibit Mr. Sung email)(Gibby, Darrell) (Entered: 11/12/2011)

MEMORANDUM BRIEF in Support of 37 Response in Opposition to Motion to dismiss by Larry Tang. (Gibby, Darrell) (Entered: 11/12/2011)

RESPONSE in Support re 13 MOTION to Dismiss on Grounds of Equitable Estoppel filed by Northpole, Ltd.. (Crass, Kevin) (Entered: 11/17/2011)

NOTICE by Larry Tang Correspondence Letter to Court (Gibby, Darrell) (Entered: 03/19/2012)

MEMORANDUM OPINION AND ORDER denying 28 Motion for Attorney Fees. Signed by Honorable Robert T. Dawson on April 6, 2012. (adw)

MEMORANDUM OPINION AND ORDER denying 13 Motion to Dismiss. Signed by Honorable Robert T. Dawson on April 11, 2012. (tg) (Entered: 04/11/2012)

MOTION to Seal Document Defendant/Counterclaim Plaintiff Tofasco of America, Inc.'s Consented Motion for Leave to File Under Seal and for Attorneys' Eyes Only by Tofasco of America, Inc.. (Sulzer, Stephen) (Entered: 04/20/2012)

ORDER granting 44 Motion to Seal Document. The District Court Clerk is directed to file these documents under seal when received. Signed by Honorable Robert T. Dawson on April 23, 2012. (tg) (Entered: 04/23/2012)

MEMORANDUM BRIEF in Support of 46 MOTION for Summary Judgment by Tofasco of America, Inc. filed under seal in Clerk's Office. (tg) (jn). (Entered: 04/24/2012)

STATEMENT OF FACTS in support of 46 MOTION for Summary Judgment by Tofasco of America, Inc. filed under seal in Clerk's Office. (tg) (jn). (Entered: 04/24/2012)

DECLARATION of Edward Zheng filed by Tofasco of America, Inc. filed under seal in Clerk's Office. (tg) (jn). (Entered: 04/24/2012)

DECLARATION of Mike Aycock filed by Tofasco of America, Inc. filed under seal in Clerk's Office. (tg) (jn). (Entered: 04/24/2012)

ANSWER to 1 Complaint,, COUNTERCLAIM against Larry Tang by Northpole, Ltd..(Crass, Kevin) (Entered: 04/25/2012)

MOTION for Extension of Time to File Response/Reply by Larry Tang. (Gibby, Darrell) (Entered: 05/08/2012)

ANSWER/REPLY to 51 Answer to Complaint, Counterclaim by Larry Tang.(Gibby, Darrell) (Entered: 05/11/2012)

JOINT REPORT of Rule 26(f) Planning Meeting by Larry Tang. (Attachments: # 1 Exhibit Exhibit A - Scheduling Order, # 2 Exhibit Exhibit B - E-Discovery Model Order with Instructions, # 3 Exhibit E-Discovery Order)(Gibby, Darrell) (Entered: 06/01/2012)

FINAL SCHEDULING ORDER: Jury Trial set for 11/18/2013 09:00 AM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson. Signed by Honorable Robert T. Dawson on June 12, 2012. (tg) (Entered: 06/12/2012)

ORDER REGARDING E-DISCOVERY. Signed by Honorable Robert T. Dawson on June 12, 2012. (tg) (Entered: 06/12/2012)

Second MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment by Larry Tang. (Gibby, Darrell) (Entered: 07/31/2012)

MOTION of Nicholas B. Clifford, Jr. and Richard L. Brophy (collectively ATLLP) to Withdraw as Attorney by Northpole, Ltd.. (Brophy, Richard) (Entered: 08/17/2012)

ORDER granting 58 Motion to Withdraw as Attorney. Attorney Richard L. Brophy and Nicholas B. Clifford, Jr. are allowed to be withdrawn. Signed by Honorable Robert T. Dawson on August 20, 2012. (tg) (Entered: 08/20/2012)

Joint MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment by Larry Tang, Tofasco of America, Inc.. (Sulzer, Stephen) (Entered: 08/27/2012)

MOTION for Leave to File Under Seal by Larry Tang. (Gibby, Darrell) (Entered: 09/06/2012)

MOTION to Withdraw by Northpole, Ltd.. (Crass, Kevin) (Entered: 09/17/2012)

ORDER denying 63 Motion to Withdraw. Signed by Honorable Robert T. Dawson on September 17, 2012. (tg) (Entered: 09/17/2012)

MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment by Tofasco of America, Inc.. (Sulzer, Stephen) (Entered: 09/18/2012)

Macsports, Inc.

Tofasco of America, Inc.

Northpole, Ltd.

Larry Tang