| Court: | nywd |
| Docket #: | 6:08-cv-06422 |
| Case Name: | K.G. Motors, Inc. v. Specialized Bicycle Components, Inc. |
| PACER case #: | 70518 |
| Date filed: | 2008-09-15 |
| Date terminated: | 2015-08-03 |
| Assigned to: | Hon. Michael A. Telesca |
| Referred to: | Hon. Marian W. Payson |
| Case Cause: | 35:145 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| K.G. Motors, Inc. Plaintiff doing business asNoTubes |
Eric J. Ward Heidi S. Martinez James M. Dowd Michael D. Jay Jessica N. Clemente |
| Specialized Bicycle Components, Inc. Defendant |
Jacob E. Miota Michael F. Orman Richard D. Rochford |
| Specialized Bicycle Components, Inc. Counter Claimant |
Jacob E. Miota |
| K.G. Motors, Inc. Counter Defendant |
Eric J. Ward Heidi S. Martinez Jessica N. Clemente |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-09-15 | 1 | 0 | COMPLAINT against Specialized Bicycle Components, Inc. ( Filing fee $ 350 receipt number 002282.), filed by K.G. Motors, Inc..(TO) (Entered: 09/18/2008) | |||
| 2008-09-15 | 2 | 0 | CORPORATE DISCLOSURE STATEMENT by K.G. Motors, Inc., no parent companies. (TO) (Entered: 09/18/2008) | |||
| 2008-09-15 | 3 | 0 | Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (TO) (Entered: 09/18/2008) | |||
| 2008-09-24 | 4 | 0 | AFFIDAVIT of Service for Complaint served on Specialized Bicycle Components, Inc. on September 16, 2008, filed by K.G. Motors, Inc.. (Martinez, Hildreth) (Entered: 09/24/2008) | |||
| 2008-09-24 | 5 | 0 | ORDER: Answer due date updated as to Specialized Bicycle Components, Inc. - answer due 10/31/2008. Signed by Hon. Michael A. Telesca on September 24, 2008. (MS) (Entered: 09/24/2008) | |||
| 2008-10-31 | 6 | 0 | ANSWER to 1 Complaint , Affirmative Defenses, and, COUNTERCLAIM against K.G. Motors, Inc. by Specialized Bicycle Components, Inc..(Miota, Jacob) (Entered: 10/31/2008) | |||
| 2008-10-31 | 7 | 0 | CERTIFICATE OF SERVICE by Specialized Bicycle Components, Inc. re 6 Answer to Complaint, Counterclaim (Miota, Jacob) (Entered: 10/31/2008) | |||
| 2008-11-04 | 8 | 0 | ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on November 4, 2008. (MS) (Entered: 11/04/2008) | |||
| 2008-11-05 | 9 | 0 | ORDER (Scheduling Conference set for 12/2/2008 10:20 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 11/5/2008. (KAH) (Entered: 11/05/2008) | |||
| 2008-11-18 | 10 | 0 | MOTION for Limited Admission of Michael D. Jay by K.G. Motors, Inc.. (Attachments: # 1 Affidavit of Heidi S. Martinez in Support of Motion for Pro Hac Vice Admission of Michael D. Jay, # 2 Certificate of Service Regarding Motion for Pro Hac Vice Admission of Michael D. Jay)(Martinez, Hildreth) (Entered: 11/18/2008) | |||
| 2008-11-19 | 11 | 0 | ORDER granting 10 Motion for Limited Admission. Michael D. Jay is admitted pro hac vice to this Court for the purpose of representing plaintiff K.G. Motors, Inc. Such admission shall be effective upon the payment of the admission fee to the Clerk of the Court. Signed by Hon. Marian W. Payson on 11/19/2008. (KAH) (Entered: 11/20/2008) | |||
| 2008-11-24 | 12 | 0 | DISCOVERY PLAN by K.G. Motors, Inc., Specialized Bicycle Components, Inc.. (Attachments: # 1 Certificate of Service regarding Parties' Proposed Discovery Plan)(Martinez, Hildreth) (Entered: 11/24/2008) | |||
| 2008-11-24 | 13 | 0 | ANSWER to 6 Answer to Complaint, Counterclaim of Specialized Bicycle Components, Inc. by K.G. Motors, Inc.. (Attachments: # 1 Certificate of Service regarding K.G. Motors' Answer to Counterclaims)(Martinez, Hildreth) (Entered: 11/24/2008) | |||
| 2008-12-01 | 14 | 0 | NOTICE of Appearance by Richard D. Rochford on behalf of Specialized Bicycle Components, Inc. (Rochford, Richard) (Entered: 12/01/2008) | |||
| 2008-12-01 | 15 | 0 | MOTION to Stay Litigation Pending Reexamination of the Patent-in-Suit by the PTO (with Certificate of Service) by Specialized Bicycle Components, Inc.. (Attachments: # 1 Memorandum in Support of Its Motion to Stay Litigation Pending Reexamination of the Patent-in-Suit by the PTO, # 2 Affidavit Declaration of Jacob Miota in Support of Motion to Stay, # 3 Exhibit A to Miota Declaration, # 4 Exhibit B to Miota Declaration)(Rochford, Richard) (Entered: 12/01/2008) | |||
| 2008-12-01 | 16 | 0 | NOTICE of Appearance by Michael F. Orman on behalf of Specialized Bicycle Components, Inc. (Orman, Michael) (Entered: 12/01/2008) | |||
| 2008-12-02 | 17 | 0 | MOTION SCHEDULING ORDER re 15 MOTION to Stay Litigation Pending Reexamination of the Patent-in-Suit by the U.S. Patent and Trademark Office filed by Specialized Bicycle Components, Inc. (Responses due by 12/12/2008, Replies due by 12/22/2008, Motion Hearing set for 1/8/2009 3:30 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 12/2/2008. (KAH) (Entered: 12/02/2008) | |||
| 2008-12-02 | 18 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 12/2/2008. Appearances: Heidi Schenk Martinez, Esq. and Michael D. Jay, Esq. for plaintiff; Michael F. Orman, Esq. for defendant (CAM) (Entered: 12/03/2008) | |||
| 2008-12-04 | 19 | 0 | Corporate Disclosure Statement by Specialized Bicycle Components, Inc. identifying Other Affiliate Merida Industries Co. Ltd. for Specialized Bicycle Components, Inc., Specialized Bicycle Components, Inc... (Miota, Jacob) (Entered: 12/04/2008) | |||
| 2008-12-05 | 20 | 0 | SCHEDULING ORDER: Mandatory Disclosure due by 12/2/2008. Join Parties/Amend Pleadings due by 1/12/2009. Parties may proceed with document discovery pursuant to Fed. R. Civ. P. 34. All written discovery, including discovery pursuant to Fed. R. Civ. P. 33 and 36 stayed pending determination of defendant's 12/1/2008 motion for stay pending re-exam. Plaintiff to serve infringement contentions by 2/6/2009. Defendant to serve invalidity contentions by 3/23/2009. Exchange of proposed terms of claim construction by 4/8/2009. Exchange of preliminary claim constructions for disputed terms by 5/4/2009. Claim construction briefs to be filed by 7/13/2009. Opposition claim construction briefs to be filed by 8/3/2009. Within thirty (30) days following the claim construction hearing, the parties shall contact the Court to schedule a further pretrial conference. Signed by Hon. Marian W. Payson on 12/5/2008. (KAH) (Entered: 12/09/2008) | |||
| 2008-12-12 | 21 | 0 | MEMORANDUM in Opposition re 15 MOTION to Stay Litigation Pending Reexamination of the Patent-in-Suit by the PTO (with Certificate of Service) MOTION to Stay Litigation Pending Reexamination of the Patent-in-Suit by the PTO (with Certificate of Service) filed by K.G. Motors, Inc.. (Attachments: # 1 Declaration of Stanley Koziatek, # 2 Declaration of Michael D. Jay, # 3 Exhibit 1 to Jay Declaration, # 4 Exhibit 2 to Jay Declaration, # 5 Exhibit 3 to Jay Declaration, # 6 Exhibit 4 to Jay Declaration, # 7 Exhibit 5 to Jay Declaration, # 8 Certificate of Service)(Martinez, Hildreth) (Entered: 12/12/2008) | |||
| 2008-12-22 | 22 | 0 | RESPONSE in Support re 15 MOTION to Stay Litigation Pending Reexamination of the Patent-in-Suit by the PTO (with Certificate of Service) MOTION to Stay Litigation Pending Reexamination of the Patent-in-Suit by the PTO (with Certificate of Service) (with Certificate of Service) filed by Specialized Bicycle Components, Inc.. (Rochford, Richard) (Entered: 12/22/2008) | |||
| 2009-01-29 | 23 | 0 | AMENDED SCHEDULING ORDER Mandatory Disclosure due by 12/2/2008. Join Parties/Amend Pleadings due by 1/12/2009. Parties may proceed with document discovery pursuant to Fed. R. Civ. P. 34. All written discovery, including discovery pursuant to Fed. R. Civ. P. 33 and 36 stayed pending determination of defendant's 12/1/2008 motion for stay pending re-exam. Plaintiff to serve infringement contentions by 3/6/2009. Defendant to serve invalidity contentions by 4/23/2009. Exchange of proposed terms of claim construction by 5/8/2009. Exchange of preliminary claim constructions for disputed terms by 6/4/2009. Claim construction briefs to be filed by 8/13/2009. Opposition claim construction briefs to be filed by 9/3/2009. Within thirty (30) days following the claim construction hearing, the parties shall contact the Court to schedule a further pretrial conference. Signed by Hon. Marian W. Payson on 1/29/2009. (KAH) (Entered: 01/30/2009) | |||
| 2009-02-03 | 24 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 2/3/2009. Argument held on defendant's motion to stay litigation pending reexamination of the patent-in-suit by the U.S. Patent and Trademark Office (#15). Motion reserved.Appearances: Heidi Schenk Martinez, Esq. and Michael D. Jay, Esq. for plaintiff; Richard Rochford, Esq. and Jacob E. Miota, Esq. for defendant (CAM) (Entered: 02/06/2009) | |||
| 2009-02-13 | 25 | 0 | STIPULATED PROTECTIVE ORDER FOR CONFIDENTIAL INFORMATION. Signed by Hon. Marian W. Payson on 2/13/2009. (KAH) (Entered: 02/13/2009) | |||
| 2009-03-04 | 26 | 0 | SECOND AMENDED SCHEDULING ORDER: Mandatory Disclosure due by 12/2/2008. Join Parties/Amend Pleadings due by 1/12/2009. Parties may proceed with document discovery pursuant to Fed. R. Civ. P. 34. All written discovery, including discovery pursuant to Fed. R. Civ. P. 33 and 36 stayed pending determination of defendant's 12/1/2008 motion for stay pending re-exam. Plaintiff to serve infringement contentions by 4/6/2009. Defendant to serve invalidity contentions by 5/25/2009. Exchange of proposed terms of claim construction by 6/10/2009. Exchange of preliminary claim constructions for disputed terms by 7/2/2009. Claim construction briefs to be filed by 9/14/2009. Opposition claim construction briefs to be filed by 10/5/2009. Within thirty (30) days following the claim construction hearing, the parties shall contact the Court to schedule a further pretrial conference. Signed by Hon. Marian W. Payson on 3/4/2009. (KAH) (Entered: 03/04/2009) | |||
| 2009-04-06 | 27 | 0 | THIRD AMENDED SCHEDULING ORDER: Mandatory Disclosure due by 12/2/2009. Join Parties/Amend Pleadings due by 1/12/2009. Parties may proceed with document discovery pursuant to Fed. R. Civ. P. 34. All written discovery, including discovery pursuant to Fed. R. Civ. P. 33 and 36 stayed pending determination of defendant's 12/1/2008 motion for stay pending re-exam. Plaintiff to serve infringement contentions by 5/4/2009. Defendant to serve invalidity contentions by 6/22/2009. Exchange of proposed terms of claim construction by 7/10/2009. Exchange of preliminary claim constructions for disputed terms by 10/12/2009. Claim construction briefs to be filed by 11/4/2009. Opposition claim construction briefs to be filed by 10/5/2009. Within thirty (30) days following the claim construction hearing, the parties shall contact the Court to schedule a further pretrial conference. Signed by Hon. Marian W. Payson on 4/6/2009. (KAH) (Entered: 04/06/2009) | |||
| 2009-04-07 | 28 | 0 | CORRECTED THIRD AMENDED SCHEDULING ORDER: Mandatory Disclosure due by 12/2/2008. Join Parties/Amend Pleadings due by 1/12/2009. Parties may proceed with document discovery pursuant to Fed. R. Civ. P. 34. All written discovery, including discovery pursuant to Fed. R. Civ. P. 33 and 36 stayed pending determination of defendant's 12/1/2008 motion for stay pending re-exam. Plaintiff to serve infringement contentions by 5/4/2009. Defendant to serve invalidity contentions by 6/22/2009. Exchange of proposed terms of claim construction by 7/10/2009. Exchange of preliminary claim constructions for disputed terms by 10/12/2009. Claim construction briefs to be filed by 11/4/2009. Opposition claim construction briefs to be filed by 12/2/2009. Within thirty (30) days following the claim construction hearing, the parties shall contact the Court to schedule a further pretrial conference. Signed by Hon. Marian W. Payson on 4/7/2009. (KAH) Modified text on 4/13/2009 (TO). (Entered: 04/09/2009) | |||
| 2009-05-05 | 29 | 0 | FOURTH AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosure due by 12/2/2009. Join Parties/Amend Pleadings due by 1/12/2009. Parties may proceed with document discovery pursuant to Fed. R. Civ. P. 34. All written discovery, including discovery pursuant to Fed. R. Civ. P. 33 and 36 stayed pending determination of defendant's 12/1/2008 motion for stay pending re-exam. Plaintiff to serve infringement contentions by 7/3/2009. Defendant to serve invalidity contentions by 8/21/2009. Exchange of proposed terms of claim construction by 9/11/2009. Exchange of preliminary claim constructions for disputed terms by 12/11/2009. Claim construction briefs to be filed by 1/6/2010. Opposition claim construction briefs to be filed by 2/5/2010. Within thirty (30) days following the claim construction hearing, the parties shall contact the Court to schedule a further pretrial conference. Signed by Hon. Marian W. Payson on 5/5/2009. (KAH) (Entered: 05/05/2009) | |||
| 2009-07-14 | 30 | 0 | Letter from Jacob E. Miota, dated 1/12/2009, and U.S. Patent and Trademark Office's Response re Specialized's petition. (KAH) (Entered: 07/14/2009) | |||
| 2009-07-22 | 31 | 0 | DECISION & ORDER granting 15 Motion to Stay. The case is stayed until further order of the Court. In the event that Specialized intends to resume manufacturing or producing the accused product or selling it after 12/31/2009, Specialized shall so advise NoTubes of such intention no later than four weeks prior to such manufacture, production or sale in order to permit NoTubes to apply to this Court for an order lifting the stay. Counsel for the parties are directed to contact this Court in writing within seven days of a decision by the PTO on the pending reexamination proceeding to request a status conference. Signed by Hon. Marian W. Payson on 7/22/2009. (KAH) (Entered: 07/22/2009) | |||
| 2010-08-31 | 32 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 8/31/2010. Appearances: Michael D. Jay, Esq. by telephone and Laura Myers, Esq. for plaintiff; Jacob E. Miota, Esq. by telephone and Michael F. Orman, Esq. for defendant (CAM) (Entered: 09/10/2010) | |||
| 2013-07-24 | 33 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 7/24/2013. Appearances: Heidi S. Martinez, Esq. for plaintiff; Richard D. Rochford, Esq. and Dan Williams, Esq. for defendant by telephone (CAM) (Entered: 07/25/2013) | |||
| 2013-08-13 | 34 | 0 | MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-1860420.) by K.G. Motors, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C, # 5 Exhibit Ex. D, # 6 Exhibit Ex. E, # 7 Exhibit Ex. F, # 8 Exhibit Ex. G, # 9 Certificate of Service)(Martinez, Heidi) (Entered: 08/13/2013) | |||
| 2013-08-19 | 35 | 0 | ORDER granting 34 Motion for James M. Dowd to appear Pro Hac Vice. Signed by Hon. Marian W. Payson on 8/19/13. (CAM) (Entered: 08/19/2013) | |||
| 2014-01-27 | 36 | 0 | NOTICE by K.G. Motors, Inc. (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Ward, Eric) (Entered: 01/27/2014) | |||
| 36 | 1 | Affidavit | ||||
| 36 | 2 | Certificate of Service | ||||
| 2014-07-15 | 37 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 7/15/2014. Appearances: Eric Ward, Esq., Richard A. Rochford, Esq. by telephone (CAM) (Entered: 07/21/2014) | |||
| 2014-12-09 | 38 | 0 | LETTER ORDER (The parties shall confer in advance of the 1/15/2015 conference as to the terms of a proposed scheduling order and submit a jointly-proposed order by no later than 1/12/2015.) Signed by Hon. Marian W. Payson on 12/9/2014. (KAH) (Entered: 12/09/2014) | |||
| 2014-12-10 | 39 | 0 | REPLY/RESPONSE to re 38 Order filed by Specialized Bicycle Components, Inc.. (Rochford, Richard) (Entered: 12/10/2014) | |||
| 2015-01-13 | 40 | 0 | Proposed Pretrial Order by K.G. Motors, Inc.. (Ward, Eric) (Entered: 01/13/2015) | |||
| 2015-01-14 | 41 | 0 | JOINT FIFTH AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)(See Document for specific deadlines.) Signed by Hon. Marian W. Payson on 1/14/2015. (KAH) (Entered: 01/14/2015) | |||
| 2015-01-15 | 42 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 1/15/2015. Appearances: Eric J. Ward, Esq. for plaintiff; Richard D. Rochford, Esq. by telephone for defendant (CAM) (Entered: 01/16/2015) | |||
| 2015-01-21 | 43 | 0 | ORDER (Settlement Conference set for 2/27/2015 at 11:00 AM before Hon. Marian W. Payson. Parties are directed to appear in person. At least one week prior to the conference, each party shall submit directly to chambers a confidential settlement report.) Signed by Hon. Marian W. Payson on 1/21/2015. (KAH) (Entered: 01/21/2015) | |||
| 2015-01-30 | 44 | 0 | NOTICE of Appearance by Jessica N. Clemente on behalf of K.G. Motors, Inc. (Clemente, Jessica) (Entered: 01/30/2015) | |||
| 2015-02-10 | 45 | 0 | LETTER ORDER granting request to reschedule the settlement conference to 3/13/2015. (Settlement Conference set for 3/13/2015 11:00 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 2/10/2015. (KAH) (Entered: 02/11/2015) | |||
| 2015-03-13 | 46 | 0 | Minute Entry for proceedings held before Hon. Marian W. Payson: Settlement Conference held on 3/13/2015. Appearances: Eric J. Ward, Esq. with Stanley Koziatek, President of K.G. Motors, Inc., Cindy Koziatek, Secretary of K.G. Motors, Inc. and Michael Bush, Engineer Secretary of K.G. Motors, Inc.; Richard D. Rochford, Esq. with Al Mitchell, General Counsel of Specialized Bicycle and Peter Kerle, Litigation Counsel of Specialized Bicycle (CAM) (Entered: 03/17/2015) | |||
| 2015-07-27 | 47 | 0 | NOTICE of Acceptance with Offer of Judgment by K.G. Motors, Inc. (Attachments: # 1 Rule 68 Offer, # 2 Certificate of Service)(Ward, Eric) (Entered: 07/27/2015) | |||
| 2015-08-03 | 48 | 0 | JUDGMENT in favor of K.G. Motors, Inc. against Specialized Bicycle Components, Inc.. Signed by Clerk of Court on 7/30/15. (TF) (Entered: 08/03/2015) | |||
| 2015-08-24 | 49 | 0 | SATISFACTION OF JUDGMENT entered In favor of K.G. Motors, Inc. Against Specialized Bicycle Components, Inc. by K.G. Motors, Inc.. (Ward, Eric) (Entered: 08/24/2015) |