Warn Industries, Inc. v. Holley Performance Products Inc.

1:19-cv-00482

Overview

Case Number 1:19-cv-00482

Filing Date 2019-03-08

Status Litigation filed

Nature of Suit 830 Patent

Parties

Holley Performance Products Inc.

2 Attorneys Listed

Bayard, P.A.

Tel: +1 (302) 429-4236

Fax: +1 (302) 658-6395

Bayard, P.A., 600 N. King Street

Bayard, P.A.

Tel: +1 (302) 429-4218

Fax: +1 (302) 658-6395

Bayard, P.A., 600 N. King Street

Warn Industries, Inc.

4 Attorneys Listed

Email: rhuefner@irwinip.com

Email: birwin@irwinip.com

Email: areis@irwinip.com

Ballard Spahr LLP

Tel: +1 (302) 252-4454

Fax: +1 (302) 252-4466

919 North Market Street, 11th Floor

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Warn Industries, Inc. v. Holley Performance Products Inc.

Overview

Parties

Defendant

Holley Performance Products Inc. Follow

Represented By

Plaintiff

Warn Industries, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 03/08/2019)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,112,808; 9,266,702. (nmg) (Entered: 03/08/2019)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent LKQ Corporation for Warn Industries, Inc. filed by Warn Industries, Inc.. (nmg) (Entered: 03/08/2019)

No Summons Issued. (nmg)

No Summons Issued

Case Assigned/Reassigned

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)

MOTION for Pro Hac Vice Appearance of Attorney Barry F. Irwin, Reid P. Huefner, Adam J. Reis - filed by Warn Industries, Inc.. (Attachments: # 1 Certification, # 2 Certification, # 3 Certification)(Fenton, Elizabeth) (Entered: 03/18/2019)

Summons Issued

Summons Issued with Magistrate Consent Notice attached as to Holley Performance Products Inc. on 3/18/2019. (nmg)

SO ORDERED

SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Barry F. Irwin, Reid P. Huefner, Adam J. Reis filed by Warn Industries, Inc. Signed by Judge Leonard P. Stark on 3/19/19. (ntl)

SUMMONS Returned Executed by Warn Industries, Inc.. Holley Performance Products Inc. served on 3/19/2019, answer due 4/9/2019. (Fenton, Elizabeth) (Entered: 03/21/2019)

Add Attorneys - PHV only

Pro Hac Vice Attorney Adam J. Reis and Reid P. Huefner for Warn Industries, 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. (ceg)

Pro Hac Vice Attorney Barry F. Irwin for Warn Industries, 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. (ceg)

Add Attorneys - PHV only

Letter to John A. Cerino, Clerk of Court from Elizabeth S. Fenton regarding identifying another related case. (Fenton, Elizabeth) (Entered: 04/05/2019)

Case Assigned/Reassigned

Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)

ORAL ORDER: An answer was due to be filed on 4/9/2019 (see D.I. 6 ), and to date none has been filed. Now the Plaintiff shall file a status letter within 3 days from the entry of this Order. Ordered by Judge Richard G. Andrews on 4/30/2019. (nms) (Entered: 04/30/2019)

Oral Order

Letter to Judge Richard G. Andrews, from Elizabeth S. Fenton, regarding status. (Attachments: # 1 Exhibit A)(Fenton, Elizabeth) Modified on 5/2/2019 (nms). (Entered: 05/02/2019)

ORAL ORDER: If Defendant remains in default on May 16, 2019, Plaintiff should promptly initiate default proceedings, or the case will be dismissed for failure to prosecute. Ordered by Judge Richard G. Andrews on 5/2/2019. (nms) (Entered: 05/02/2019)

Oral Order

NOTICE of Appearance by Elizabeth Ann Powers on behalf of Holley Performance Products Inc. (Powers, Elizabeth) (Entered: 05/03/2019)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent High Performance Industries, Inc. for Holley Performance Products Inc. filed by Holley Performance Products Inc.. (Powers, Elizabeth) (Entered: 05/16/2019)

Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 6/27/2019, at 3:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 5/29/2019. (nms) (Entered: 05/29/2019)

ANSWER to 12 Answer to Complaint, and Counterclaim, by Warn Industries, Inc..(Fenton, Elizabeth) Modified on 6/10/2019 (nms). (Entered: 06/07/2019)

- CORRECTING ENTRY

CORRECTING ENTRY: The answer filed at D.I. 15 on 6/6/2019, has been removed from the docket. The filing contained errors in the caption. Incorrect initials were used after the case number. Counsel shall refile the answer with a corrected caption. (nms)

PROPOSED Scheduling Order, by Warn Industries, Inc.. (Fenton, Elizabeth) Modified on 6/25/2019 (nms). (Entered: 06/25/2019)

Letter to The Honorable Richard G. Andrews from Elizabeth S. Fenton, regarding proposed adjustments to the proposed scheduling order for dispositive motions. (Fenton, Elizabeth) Modified on 6/27/2019 (nms). (Entered: 06/27/2019)

MOTION for Pro Hac Vice Appearance of Attorney Todd J. Ohlms - filed by Holley Performance Products Inc.. (Attachments: # 1 Certification by Counsel to Be Admitted Pro Hac Vice)(Powers, Elizabeth) (Entered: 06/27/2019)

SO ORDERED

- CORRECTING ENTRY

CORRECTING ENTRY: The motion filed at D.I. 18 on 6/27/2019, has been removed from the docket. The filing contained errors in the caption. Incorrect initials were used after the case number. Counsel shall refile the motion with a corrected caption. (nms)

SO ORDERED, re 18 MOTION for Pro Hac Vice Appearance of Attorney Todd J. Ohlms, filed by Holley Performance Products Inc.. Signed by Judge Richard G. Andrews on 6/27/2019. (nms)

Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 6/27/2019. Local counsel present for plaintiff: E. Fenton. Local counsel present for defendant: B. McCartney. (Court Reporter Heather Triozzi.) (crb)

Case Referred to Mediation - Magistrate Judge only

Scheduling Conference

STIPULATION TO EXTEND TIME to file their Rule 26(a)(1) Initial Disclosures to July 9, 2019 - filed by Holley Performance Products Inc.. (Powers, Elizabeth) Modified on 7/2/2019 (nms). (Entered: 07/02/2019)

NOTICE OF SERVICE of Holley Performance Products, Inc.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery and Holley Performance Products, Inc's Rule 26 Initial Disclosures filed by Holley Performance Products Inc..(Powers, Elizabeth) (Entered: 07/09/2019)

NOTICE OF SERVICE of Rule 26(f) Initial Disclosures and Certificate of Service filed by Warn Industries, Inc..(Fenton, Elizabeth) (Entered: 07/09/2019)

SO ORDERED, re 20 STIPULATION TO EXTEND TIME to file their Rule 26(a)(1) Initial Disclosures to July 9, 2019. Signed by Judge Richard G. Andrews on 7/2/2019. (nms)

SO ORDERED

Oral Order

MOTION to Dismiss - filed by Warn Industries, Inc.. (Fenton, Elizabeth) Modified on 10/15/2019 (nms). Modified on 10/15/2019 (nms). (Entered: 10/15/2019)

DECLARATION of Barry Irwin re 25 MOTION to Dismiss, by Warn Industries, Inc.. (Fenton, Elizabeth) Modified on 10/16/2019 (nms). (Entered: 10/15/2019)

CORRECTING ENTRY: The declaration filed as an attachment to the motion at D.I. 25 has been removed from that filing. Declaration should be filed independent of motions. Counsel shall refile the declaration accordingly. (nms)

Set Answering Brief Deadline re 25 MOTION to Dismiss. Answering Brief/Response due date per Local Rules is 10/29/2019. (nms)

- CORRECTING ENTRY

-SET ANSWERING BRIEF - no open brief w/ Motion

RESPONSE to 25 MOTION to Dismiss, filed by Holley Performance Products Inc.. (Powers, Elizabeth) Modified on 10/29/2019 (nms). (Entered: 10/29/2019)

REPLY to 25 MOTION to Dismiss, filed by Warn Industries, Inc.. (Fenton, Elizabeth) Modified on 10/31/2019 (nms). (Entered: 10/31/2019)

ORDER: All claims and counterclaims are DISMISSED without prejudice, with each party to bear its own costs (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 11/4/2019. (nms) (Entered: 11/04/2019)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,112,808; 9,266,702. (Attachments: # 1 Order)(nms) (Entered: 11/04/2019)

Track Case Updates

Holley Performance Products Inc.

Warn Industries, Inc.