Vindolor, LLC v. EUROMARKET DESIGNS INC

6:18-cv-00105

Overview

Case Number 6:18-cv-00105

Filing Date 2018-04-09

Status Terminated

Termination Date 2018-12-06

Court District Court, W.D. Texas (txwd)

Presiding Judge Alan D. Albright

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 15:1126 Patent Infringement

Jury Demand None

Parties

Third Party Defendant

VeriFone, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Truno Perpetual Point of Sale, LLC

Represented By

1 Attorneys Listed

Andrew B. Curtis

Bigbee & Curtis, LLP

Tel: +1 (806) 319-8520

Fax: +1 (806) 686-4038

P.O. Box 53068, 2509-A 86th St.

Worldpay US, LLC.

Represented By

1 Attorneys Listed

Thomas N. Tarnay

Thomas Tarnay PLLC

Tel: +1 (214) 395-8212

Fax: +1 (972) 509-0104

2103 Virginia Place, Plano, TX 75094

Defendant

RETAIL SERVICES & SYSTEMS, INC

Represented By

2 Attorneys Listed

Shaun William Hassett

Potter Minton PC

Tel: +1 (903) 525-2272

Fax: +1 (903) 593-0846

110 North College, Suite 500

Jason W. Cook

McGuireWoods LLP

Tel: +1 (214) 932-6418

Fax: +1 (214) 273-7483

2000 McKinney Avenue, Suite 1400

Spec's Family Partners, Ltd

Represented By

1 Attorneys Listed

Harry Herzog

Herzog & Carp

Tel: +1 (713) 781-7500

Fax: +1 (713) 781-4797

Herzog & Carp, 427 Mason Park Blvd.

EUROMARKET DESIGNS INC

Represented By

1 Attorneys Listed

Stephen Charles Stout

Shattick Labs, Inc. - Intellectual Property Counsel

Tel: +1 (512) 297-9339

500 W. 5th Street, Suite 1200, Austin, TX 78701

Plaintiff

Vindolor, LLC

Represented By

1 Attorneys Listed

Raymond W Mort , III

The Mort Law Firm, PLLC

Tel: +1 (512) 865-7950

Fax: +1 (512) 865-7950

100 Congress Ave, Suite 2000, Austin, TX 78701

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Alan D. Albright

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US6213391	Espacenet Google Patents

Docket Entries

COMPLAINT against EUROMARKET DESIGNS INC D/B/A CRATE & BARREL ( Filing fee $ 400 receipt number 0542-10661320), filed by Vindolor, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit U.S. Patent No. 6,213,391)(Mort, Raymond) (Entered: 04/09/2018)

2018-04-09

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NOTICE of Attorney Appearance by Raymond W Mort, III on behalf of Vindolor, LLC (Mort, Raymond) (Entered: 04/09/2018)

2018-04-09

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DEMAND for Trial by Jury by Vindolor, LLC. (Mort, Raymond) (Entered: 04/09/2018)

2018-04-09

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RULE 7 DISCLOSURE STATEMENT filed by Vindolor, LLC. (Mort, Raymond) (Entered: 04/09/2018)

2018-04-09

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Vindolor, LLC v. EUROMARKET DESIGNS INC

Overview

Parties

Third Party Defendant

VeriFone, Inc. Follow

Represented By

Truno Perpetual Point of Sale, LLC Follow

Represented By

Worldpay US, LLC. Follow

Represented By

Defendant

RETAIL SERVICES & SYSTEMS, INC Follow

Represented By

Spec's Family Partners, Ltd Follow

Represented By

EUROMARKET DESIGNS INC Follow

Represented By

Plaintiff

Vindolor, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against EUROMARKET DESIGNS INC D/B/A CRATE & BARREL ( Filing fee $ 400 receipt number 0542-10661320), filed by Vindolor, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit U.S. Patent No. 6,213,391)(Mort, Raymond) (Entered: 04/09/2018)

NOTICE of Attorney Appearance by Raymond W Mort, III on behalf of Vindolor, LLC (Mort, Raymond) (Entered: 04/09/2018)

DEMAND for Trial by Jury by Vindolor, LLC. (Mort, Raymond) (Entered: 04/09/2018)

RULE 7 DISCLOSURE STATEMENT filed by Vindolor, LLC. (Mort, Raymond) (Entered: 04/09/2018)

NOTICE of Filing Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office by Vindolor, LLC (Mort, Raymond) (Entered: 04/09/2018)

CASE REFERRED to Magistrate Judge Jeffrey C. Manske. (jch)

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jch)

REQUEST FOR ISSUANCE OF SUMMONS by Vindolor, LLC. (Mort, Raymond) (Entered: 04/10/2018)

Summons Issued as to EUROMARKET DESIGNS INC. (jgb) (Entered: 04/10/2018)

Case Assigned/Reassigned

Case Referred to Magistrate Judge

Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (jch) (Entered: 04/12/2018)

SUMMONS Returned Executed by Vindolor, LLC. EUROMARKET DESIGNS INC served on 4/12/2018, answer due 5/3/2018. (Mort, Raymond) (Entered: 04/12/2018)

AMENDED COMPLAINT against EUROMARKET DESIGNS INC amending, filed by Vindolor, LLC. (Attachments: # 1 Exhibit U.S. Patent No. 6,213,391)(Mort, Raymond) (Entered: 04/27/2018)

NOTICE of Certificate of Service by Vindolor, LLC re 10 Amended Complaint (Mort, Raymond) (Entered: 04/28/2018)

DEFICIENCY NOTICE: re 11 Notice (Other) (jgb) (Entered: 04/30/2018)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint to Move or Otherwise Respond by EUROMARKET DESIGNS INC. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Stout, Stephen) (Entered: 05/02/2018)

NOTICE of Attorney Appearance by Stephen Charles Stout on behalf of EUROMARKET DESIGNS INC. Attorney Stephen Charles Stout added to party EUROMARKET DESIGNS INC(pty:dft) (Stout, Stephen) (Entered: 05/02/2018)

Text Order GRANTING 13 Motion for Extension of Time to Answer: The time for Defendant to answer, move, or otherwise respond to Plaintiff Vindolor, LLCs Complaint is extended to June 4, 2018.(jhg)

Set/Reset Deadlines: EUROMARKET DESIGNS INC answer due 6/4/2018. (jgb)

Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) by EUROMARKET DESIGNS INC.. Motions referred to Judge Jeffrey C. Manske. (Stout, Stephen) (Entered: 06/04/2018)

Opposed MOTION for Leave to File Second Amended Complaint by Vindolor, LLC. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit U.S. Patent No. 6,213,391, # 3 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Mort, Raymond) (Entered: 06/13/2018)

Opposed MOTION for Extension of Time to File Response/Reply as to 15 Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) by Vindolor, LLC. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Mort, Raymond) (Entered: 06/13/2018)

RESPONSE to Motion, filed by Vindolor, LLC, re 15 Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) filed by Defendant EUROMARKET DESIGNS INC (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 06/18/2018)

RESPONSE to Motion, filed by EUROMARKET DESIGNS INC, re 17 Opposed MOTION for Extension of Time to File Response/Reply as to 15 Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) filed by Plaintiff Vindolor, LLC (Attachments: # 1 Proposed Order)(Stout, Stephen) (Entered: 06/20/2018)

REPLY to Response to Motion, filed by EUROMARKET DESIGNS INC, re 15 Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) filed by Defendant EUROMARKET DESIGNS INC (Stout, Stephen) (Entered: 06/25/2018)

REPLY to Response to Motion, filed by Vindolor, LLC, re 16 Opposed MOTION for Leave to File Second Amended Complaint filed by Plaintiff Vindolor, LLC (Mort, Raymond) (Entered: 06/27/2018)

Unopposed MOTION to Consolidate Cases by EUROMARKET DESIGNS INC. (Attachments: # 1 Proposed Order Order Granting Unopposed Motion to Consolidate). Motions referred to Judge Jeffrey C. Manske. (Stout, Stephen) (Entered: 08/03/2018)

ORDER GRANTING 23 Motion to Consolidate Cases. Signed by Judge Jeffrey C. Manske. (tb) (Entered: 08/07/2018)

Proposed Scheduling Order (Joint Proposed Scheduling Order by All Parties) by Vindolor, LLC. (Mort, Raymond) (Entered: 08/24/2018)

ORDER. Initial Pretrial Conference via telephone is set for 9/11/2018 09:40 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (mc5) (Entered: 08/30/2018)

STIPULATION of Dismissal by Vindolor, LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 09/07/2018)

RULE 7 DISCLOSURE STATEMENT filed by Worldpay US, LLC.. (Tarnay, Thomas) (Entered: 09/11/2018)

Set/Reset Hearings: Markman Hearing set for 4/1/2019, time to be determined before Judge Robert Pitman. (mc5)

ANSWER to 10 Amended Complaint . Attorney Andrew B. Curtis added to party Truno Perpetual Point of Sale, LLC(pty:3pd) by Truno Perpetual Point of Sale, LLC.(Curtis, Andrew) (Entered: 09/12/2018)

ORDER REASSIGNING CASE. Case reassigned to Judge Alan D Albright for all proceedings. Judge Robert Pitman no longer assigned to case. Signed by Judge Jeffrey C. Manske. (tb) (Entered: 09/19/2018)

ORDER: Telephone Conference set for 11/30/2018 11:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 11/05/2018)

Joint MOTION to Dismiss Euromarket Designs Inc d/b/a Crate & Barrel by Vindolor, LLC. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Mort, Raymond) (Entered: 11/23/2018)

ORDER. CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. Signed by Judge Alan D Albright. (mc5) (Entered: 11/27/2018)

ORDER GRANTING Joint 34 Motion to Dismiss with Prejudice as to EUROMARKET DESIGNS INC. only. Signed by Judge Alan D Albright. (klw) (Entered: 11/29/2018)

ORDER Dismissing with Prejudice all claims asserted against RETAIL SERVICES & SYSTEMS, INC. only. Signed by Judge Alan D Albright. (klw) (Entered: 11/29/2018)

ORDER RESETTING TELEPHONIC CONFERENCE. Telephone Conference set for 12/14/2018 10:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (jgb) (Entered: 11/29/2018)

Joint MOTION to Dismiss Spec's Family Partners, LTD by Vindolor, LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 12/05/2018)

ORDER CANCELLING TELEPHONIC STATUS CONFERENCE. TELEPHONIC STATUS CONFERENCE on Friday, December 14, 2018 at 10:00 AM is hereby CANCELLED. Signed by Judge Alan D Albright. (lad) (Entered: 12/06/2018)

ORDER OF DISMISSAL. All claims asserted by Vindolor against Spec's are hereby DISMISSED WITH PREJUDICE. All claims and counterclaims asserted by Spec's against Vindolor are hereby DISMISSED WITH PREJUDICE. Signed by Judge Alan D Albright. (mc5) (Entered: 12/06/2018)

Closing Report on Patent/Trademark sent to U.S. Patent and Trademark Office with closing docs. (am) (Entered: 08/05/2019)

Track Case Updates

VeriFone, Inc.

Truno Perpetual Point of Sale, LLC

Worldpay US, LLC.

RETAIL SERVICES & SYSTEMS, INC

Spec's Family Partners, Ltd

EUROMARKET DESIGNS INC

Vindolor, LLC