We-Flex, LLC v. NBSP, Inc.

4:11-cv-01078

Overview

Case Number 4:11-cv-01078

Filing Date 2011-03-23

Status Terminated

Termination Date 2012-04-25

Court District Court, S.D. Texas (txsd)

Presiding Judge Nancy K. Johnson

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 15:1126 Patent Infringement

Jury Demand Both

Parties

Defendant

Pearlessence Limited

Represented By

2 Attorneys Listed

Karen Bryant Tripp

Attorney at Law

Tel: +1 (713) 658-9323

Fax: +1 (713) 658-9410

PO Box 1301, Houston, TX 77251-1301

Rachel Lerner

Rachel Lerner Attorney at Law

Tel: +1 (216) 408-8880

1422 Euclid Ave, Ste 1104

Aromate Industries Company, Ltd.

Represented By

1 Attorneys Listed

Benjamin L Singer

Ditthavong Mori & Steiner

Tel: +1 (703) 519-9951

Ditthavong Mori & Steiner, 919 Prince St

Polet Enterprises, Ltd.

Represented By

0 Attorneys Listed

No attorneys available

NBSP, Inc.

Represented By

2 Attorneys Listed

John S Egbert

Egbert Law Offices

Tel: +1 (713) 224-8080

Fax: +1 (713) 223-4873

412 Main, 7th Floor

Michael F Swartz

Egbert Law Offices

Tel: +1 (713) 224-8080

1314 Texas Ave., 21st Floor, Houston, TX 77002

Plaintiff

We-Flex, LLC

Represented By

4 Attorneys Listed

Jennifer Beth Ingram

Sally Beauty Holdings, Inc.

Tel: +1 (940) 898-7500

Fax: +1 (940) 297-4990

3001 Colorado Boulevard, Denton, TX 76210

Edgar Leon Carter

Carter Stafford et al

Tel: +1 (214) 550-8188

Carter Stafford et al, 8150 N Central Expwy

Mickki Murray

Parks IP Law LLC

Tel: +1 (678) 336-6559

1117 Perimeter Center West, B402

Joshua J Bennett

Carter Stafford et al

Tel: +1 (214) 550-8188

Carter Stafford et al, 8150 N Central Expressway

Court & Judges

Court

District Court, S.D. Texas (txsd)

Presiding Judge

Nancy K. Johnson

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against Aromate Industries Company, Ltd., NBSP, Inc., Pearlessence Limited, Polet Enterprises, Ltd. (Filing fee $ 350 receipt number 0541-7844253) filed by We-Flex, LLC. (Attachments: # 1 Civil Cover Sheet)(Ingram, Jennifer) (Entered: 03/23/2011)

2011-03-23

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ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/15/2011 at 03:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(arrivera ) (Entered: 03/24/2011)

2011-03-24

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NOTICE of Dismissal as to Polet Enterprises, Ltd. by We-Flex, LLC, filed. (Ingram, Jennifer) (Entered: 04/14/2011)

2011-04-14

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PROPOSED ORDER re: 3 Notice of Dismissal, filed.(Ingram, Jennifer) (Entered: 04/15/2011)

2011-04-15

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We-Flex, LLC v. NBSP, Inc.

Overview

Parties

Defendant

Pearlessence Limited Follow

Represented By

Aromate Industries Company, Ltd. Follow

Represented By

Polet Enterprises, Ltd. Follow

Represented By

NBSP, Inc. Follow

Represented By

Plaintiff

We-Flex, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Aromate Industries Company, Ltd., NBSP, Inc., Pearlessence Limited, Polet Enterprises, Ltd. (Filing fee $ 350 receipt number 0541-7844253) filed by We-Flex, LLC. (Attachments: # 1 Civil Cover Sheet)(Ingram, Jennifer) (Entered: 03/23/2011)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/15/2011 at 03:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(arrivera ) (Entered: 03/24/2011)

NOTICE of Dismissal as to Polet Enterprises, Ltd. by We-Flex, LLC, filed. (Ingram, Jennifer) (Entered: 04/14/2011)

PROPOSED ORDER re: 3 Notice of Dismissal, filed.(Ingram, Jennifer) (Entered: 04/15/2011)

ORDER OF DISMISSAL Without Prejudice of Polet Enterprises, Ltd.(Signed by Judge Sim Lake) Parties notified.(aalonzo, ) (Entered: 04/18/2011)

First MOTION to Dismiss Summons Issued as to NBSP, Inc. by NBSP, Inc., filed. Motion Docket Date 7/28/2011. (Attachments: # 1 Proposed Order Defendant NBSP, Inc.'s Motion to Dismiss Under Rule 12(b)(6))(Egbert, John) (Entered: 07/07/2011)

MOTION for Rachel Lerner to Appear Pro Hac Vice by Pearlessence Limited, filed. Motion Docket Date 8/2/2011. (Tripp, Karen) (Entered: 07/12/2011)

Unopposed MOTION for Continuance of initial scheduling conference by Pearlessence Limited, filed. Motion Docket Date 8/2/2011. (Attachments: # 1 Proposed Order)(Tripp, Karen) (Entered: 07/12/2011)

ORDER granting 8 Motion for Continuance Initial Conference set for 9/23/2011 at 02:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 07/13/2011)

ORDER granting 7 Motion to Appear Pro Hac Vice.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 07/13/2011)

CERTIFICATE OF INTERESTED PARTIES by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 07/19/2011)

CERTIFICATE OF INTERESTED PARTIES by NBSP, Inc., filed.(Egbert, John) (Entered: 07/20/2011)

Agreed MOTION for Extension of Time Defendant Aromate to Answer Complaint by We-Flex, LLC, filed. Motion Docket Date 8/15/2011. (Attachments: # 1 Proposed Order)(Ingram, Jennifer) (Entered: 07/25/2011)

ORDER granting 13 Motion for Extension of Time.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 07/26/2011)

RESPONSE in Opposition to 6 First MOTION to Dismiss Summons Issued as to NBSP, Inc., filed by We-Flex, LLC. (Attachments: # 1 Proposed Order, # 2 Appendix of Unreported Cases Cited, # 3 Exhibit to Appendix of Unreported Cases Cited)(Ingram, Jennifer) (Entered: 07/28/2011)

Agreed MOTION for Extension of Time to Respond to Plaintiff's Complaint by Pearlessence Limited, We-Flex, LLC, filed. Motion Docket Date 8/29/2011. (Attachments: # 1 Proposed Order)(Ingram, Jennifer) (Entered: 08/08/2011)

ORDER granting 16 Motion for Extension of Time.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 08/09/2011)

REPLY to Response to 6 First MOTION to Dismiss Summons Issued as to NBSP, Inc., filed by NBSP, Inc.. (Attachments: # 1 Proposed Order Proposed Order to Dismiss)(Swartz, Michael) (Entered: 08/17/2011)

EXHIBITS re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

EXHIBITS re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

EXHIBITS re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

EXHIBITS re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

EXHIBITS re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

APPENDIX re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

APPENDIX re: 19 MOTION to Dismiss by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

ANSWER to 1 Complaint with Jury Demand by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/19/2011)

ORDER REFERRING CASE to Magistrate Magistrate Judge Nancy K. Johnson. The September 23, 2011, Initial Pretrial and Scheduling Conference is CANCELED.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) Modified on 9/15/2011 (chorace, ). (Entered: 08/23/2011)

CONSENT to Jurisdiction by US Magistrate Judge by Pearlessence Limited, filed.(Tripp, Karen) (Entered: 08/24/2011)

Agreed MOTION for Extension of Time Defendant Aromate to Answer Plaintiff's ComplaintMotions referred to Nancy K. Johnson. by Aromate Industries Company, Ltd., We-Flex, LLC, filed. Motion Docket Date 9/29/2011. (Attachments: # 1 Proposed Order)(Ingram, Jennifer) (Entered: 09/08/2011)

CONSENT to Jurisdiction by US Magistrate Judge by NBSP, Inc., filed.(Swartz, Michael) (Entered: 09/08/2011)

NOTICE of Setting. Parties notified. Scheduling Conference set for 9/21/2011 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K. Johnson, filed. (sbyrum, ) (Entered: 09/08/2011)

RESPONSE in Opposition to 19 MOTION to Dismiss, filed by We-Flex, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ingram, Jennifer) (Entered: 09/09/2011)

ORDER granting 30 Motion for Extension of Time Answer due by 9/29/2011.(Signed by Magistrate Judge Nancy K. Johnson) Parties notified.(sbutler, ) (Entered: 09/12/2011)

REPLY to Response to 19 MOTION to Dismiss, filed by Pearlessence Limited. (Tripp, Karen) (Entered: 09/19/2011)

MOTION for Mickki D. Murray to Appear Pro Hac ViceMotions referred to Nancy K. Johnson. by We-Flex, LLC, filed. Motion Docket Date 10/11/2011. (Ingram, Jennifer) (Entered: 09/19/2011)

CERTIFICATE OF INTERESTED PARTIES by We-Flex, LLC, filed.(Ingram, Jennifer) (Entered: 09/19/2011)

NOTICE of Appearance by Joshua J. Bennett on behalf of We-Flex, LLC, filed. (Bennett, Joshua) (Entered: 09/20/2011)

Supplemental MOTION to Dismiss Under Rule 12(b)(6) based on America Invents Act Motions referred to Nancy K. Johnson. by NBSP, Inc., filed. Motion Docket Date 10/20/2011. (Attachments: # 1 Proposed Order Proposed Order on Motion to Dismiss)(Egbert, John) (Entered: 09/29/2011)

STIPULATION of Dismissal by Aromate Industries Company, Ltd., We-Flex, LLC, filed. (Attachments: # 1 Proposed Order)(Ingram, Jennifer) (Entered: 09/29/2011)

ORDER OF DISMISSAL. Aromate Industries Company, Ltd. is Dismissed. (Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 09/30/2011)

Opposed MOTION to Amend Motions referred to Nancy K. Johnson. by We-Flex, LLC, filed. Motion Docket Date 10/21/2011. (Attachments: # 1 Exhibit 1 - Proposed Amended Complaint, # 2 Proposed Order)(Bennett, Joshua) (Entered: 09/30/2011)

SURREPLY to 19 MOTION to Dismiss, 39 Supplemental MOTION to Dismiss Under Rule 12(b)(6) based on America Invents ActSupplemental MOTION to Dismiss Under Rule 12(b)(6) based on America Invents Act, filed by We-Flex, LLC. (Bennett, Joshua) (Entered: 09/30/2011)

EXHIBITS re: 43 Surreply to Motion, by We-Flex, LLC, filed.(Bennett, Joshua) (Entered: 10/04/2011)

CONSENT to Jurisdiction by US Magistrate Judge by We-Flex, LLC, filed.(Bennett, Joshua) (Entered: 10/13/2011)

JOINT DISCOVERY/CASE MANAGEMENT PLAN by NBSP, Inc., Pearlessence Limited, We-Flex, LLC, filed.(Bennett, Joshua) (Entered: 10/28/2011)

ORDER granting 42 Motion to Amend.(Signed by Magistrate Judge Nancy K. Johnson) Parties notified.(sbutler, ) (Entered: 11/04/2011)

FIRST AMENDED COMPLAINT with Jury Demand against NBSP, Inc., Pearlessence Limited filed by We-Flex, LLC.(sbutler, ) (Entered: 11/04/2011)

ORDER granting 36 Motion to Appear Pro Hac Vice.(Signed by Magistrate Judge Nancy K. Johnson) Parties notified.(sbutler, ) (Entered: 11/04/2011)

MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc. Motions referred to Nancy K. Johnson. by Pearlessence Limited, filed. Motion Docket Date 12/9/2011. (Tripp, Karen) (Entered: 11/18/2011)

Mail Returned Undeliverable as to attorney Benjamin L Singer as to Aromate Industries Company, Ltd. re: 50 Order on Motion to Appear Pro Hac Vice, filed. (thanniable, ) (Entered: 11/21/2011)

Mail Returned Undeliverable as to attorney Benjamin L Singer as to Aromate Industries Company, Ltd. re: 48 Order on Motion to Amend, filed. (thanniable, ) (Entered: 11/21/2011)

MOTION to Dismiss Plaintiff We-Flex's First Amended Complaint Motions referred to Nancy K. Johnson. by NBSP, Inc., filed. Motion Docket Date 12/14/2011. (Attachments: # 1 Proposed Order to Dismiss)(Swartz, Michael) (Entered: 11/23/2011)

RESPONSE in Opposition to 51 MOTION to Dismiss 49 Amended Complaint/Counterclaim/Crossclaim etc., filed by We-Flex, LLC. (Attachments: # 1 Proposed Order Recommending that Pearlessence's Motion to Dismiss Be Denied)(Bennett, Joshua) (Entered: 12/09/2011)

RESPONSE in Opposition to 54 MOTION to Dismiss Plaintiff We-Flex's First Amended Complaint, filed by We-Flex, LLC. (Attachments: # 1 Proposed Order Recommending that NBSP's Motion to Dismiss Be Denied)(Bennett, Joshua) (Entered: 12/14/2011)

RESPONSE in Opposition to 56 MOTION to Postpone Consideration of Pearlessence, Ltd.'s Summary Judgment Motion Under Rule 56(d) MOTION to Postpone Consideration of Pearlessence, Ltd.'s Summary Judgment Motion Under Rule 56(d), filed by Pearlessence Limited. (Tripp, Karen) (Entered: 12/20/2011)

REPLY to Response to 54 MOTION to Dismiss Plaintiff We-Flex's First Amended Complaint, filed by NBSP, Inc.. (Attachments: # 1 Proposed Order on Motion to Dismiss)(Swartz, Michael) (Entered: 01/04/2012)

FINAL JUDGMENT. Case terminated on April 25, 2012.(Signed by Magistrate Judge Nancy K. Johnson) Parties notified.(sbutler, ) (Entered: 04/25/2012)

Track Case Updates

Pearlessence Limited

Aromate Industries Company, Ltd.

Polet Enterprises, Ltd.

NBSP, Inc.

We-Flex, LLC