| Court: | scd |
| Docket #: | 2:12-cv-00322 |
| Case Name: | Marhaygue LLC v. Wolfpac Technologies Inc et al |
| PACER case #: | 187847 |
| Date filed: | 2012-02-02 |
| Date terminated: | 2013-10-16 |
| Assigned to: | Honorable Richard M Gergel |
| Case Cause: | 15:1126 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Marhaygue LLC Plaintiff |
William Y Klett , III |
| Wolfpac Technologies Inc Defendant |
Craig N Killen Ashley B Summer Eric George Soller Jonathan Craig Parks |
| Atlantic Forest Products LLC Defendant |
Craig N Killen Eric George Soller Jonathan Craig Parks Ashley B Summer |
| Wolfpac Technologies Inc Counter Claimant |
Craig N Killen Ashley B Summer Eric George Soller Jonathan Craig Parks |
| Marhaygue LLC Counter Defendant |
William Y Klett , III |
| Wolfpac Technologies Inc Counter Claimant |
Craig N Killen Ashley B Summer Eric George Soller Jonathan Craig Parks |
| Marhaygue LLC Counter Defendant |
William Y Klett , III |
| Atlantic Forest Products LLC Counter Claimant |
Craig N Killen Eric George Soller Jonathan Craig Parks Ashley B Summer |
| Marhaygue LLC Counter Defendant |
William Y Klett , III |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-02-02 | 2 | 0 | COMPLAINT against Wolfpac Technologies Inc ( Filing fee $ 350 receipt number 0420-3872260.), filed by Marhaygue LLC. (Attachments: # 1 Exhibit A - Patent No. 7,997,044, # 2 Exhibit B - Photocopy of promotional materials, # 3 Exhibit C - Plaintiff's Sales Brochure showing Belmont Post Cap, # 4 Exhibit D - Defendant's Advertising Brochure)(sshe, ) (Entered: 02/03/2012) | |||
| 2012-02-02 | 3 | 0 | Local Rule 26.01 Answers to Interrogatories by Marhaygue LLC.(sshe, ) (Entered: 02/03/2012) | |||
| 2012-02-02 | 4 | 0 | Summons Issued as to Wolfpac Technologies Inc. (sshe, ) Modified on 2/6/2012 Main Document 4 replaced; clerk reattached pdf correctly (sshe, ). (Entered: 02/03/2012) | |||
| 2012-02-02 | 5 | 0 | MOTION for Temporary Restraining Order by Marhaygue LLC. Response to Motion due by 2/21/2012 (Attachments: # 1 Memo in Support, # 2 Exhibit A to TRO (Green Declaration), # 3 Exhibit B to TRO (Copy of '044 Patent), # 4 Exhibit C to TRO (Statement Use), # 5 Exhibit D to TRO (Magazine Advertisements), # 6 Exhibit E (part 1) to TRO (Unpublished Decisions), # 7 Exhibit E (part 2) to TRO (Unpublished Decisions), # 8 Exhibit F to TRO (Affidavit of William Y Klett, III))No proposed order.Motions referred to Jacquelyn D Austin.(sshe, ) Modified on 2/9/2012: see 15 Certificate of Service (kmca). (Entered: 02/03/2012) | |||
| 2012-02-03 | 7 | 0 | Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (sshe, ) (Entered: 02/03/2012) | |||
| 2012-02-03 | 9 | 0 | SUMMONS Returned Executed by Marhaygue LLC. Wolfpac Technologies Inc served on 2/3/2012, answer due 2/24/2012. (Klett, William) (Main Document 9 replaced on 2/6/2012: to replace incorrect document with correct document as provided by filing user)(Additional attachment added on 2/6/2012: # 1 Exhibit Proof of Service) (kmca). (Entered: 02/03/2012) | |||
| 2012-02-06 | 10 | 0 | REPORT AND RECOMMENDATIONS that Plaintiff's 5 MOTION for an ex parte TRO be DENIED for failing to meet the standard of Rule 65(b) of the Federal Rules of Civil Procedure. Objections to R&R due by 2/24/2012. Signed by Magistrate Judge Jacquelyn D Austin on 2/6/12. (kmca) Modified on 2/9/2012: see 16 Certificate of Service per 11 order (kmca). (Entered: 02/06/2012) | |||
| 2012-02-07 | 11 | 0 | TEXT ORDER: The Magistrate Judge has issued a Report and Recommendation which recommends that Plaintiff's motion for a TRO without notice to Defendant be denied. (Dkt. No. 10) The time for responding to the R & R is hereby shortened to 2/9/12, and Plaintiff is hereby directed to serve the Defendant immediately with the motion for the TRO and the Magistrate Judge's R & R. Any response to the motion by the Defendant shall be filed within three days of receiving the motion and R & R or three days from receipt of Plaintiff's response to the R & R, whichever is later. AND IT IS SO ORDERED. Entered at the Direction of the Honorable Richard M Gergel on 2/7/12. (ltap, ) (Entered: 02/07/2012) | |||
| 2012-02-08 | 12 | 0 | OBJECTION to 10 Report and Recommendations by Marhaygue LLC.Reply to Objections due by 2/27/2012 (Attachments: # 1 Exhibit A - Declaration of Guerry E. Green, # 2 Exhibit B - Advertisement, # 3 Exhibit C - Trade Show Display)(Klett, William) Modified on 2/9/2012: see 16 Certificate of Service (kmca). (Entered: 02/08/2012) | |||
| 2012-02-08 | 13 | 0 | TEXT ORDER Plaintiff has filed an objection to the Magistrate Judge's Report and Recommendation. (Dkt. No. 12). Plaintiff was directed to serve Defendant immediately with the TRO, the Report and Recommendation and the Plaintiff's objection to the Report and Recommendation. (Dkt. No. 11). Plaintiff is directly to promptly confirm to the Court service of the aforementioned documents on Defendant with evidence of the date of service. As per the Court's prior order (Dkt. No. 11), Defendant shall file a response to Plaintiff's objection within three days of receiving the Report and Recommendation, TRO and Plaintiff's objection to the Magistrate Judge's Report and Recommendation. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/8/2012. (sshe, ) (Entered: 02/08/2012) | |||
| 2012-02-08 | 15 | 0 | CERTIFICATE OF SERVICE by Marhaygue LLC re 5 MOTION for Temporary Restraining Order (Klett, William) (Main Document 15 replaced on 2/9/2012: to replace incorrect document with correct document as provided by filing user) (Additional attachment added on 2/9/2012: # 1 Proof of Service for 5 Motion for TRO) (kmca). (Entered: 02/08/2012) | |||
| 2012-02-08 | 16 | 0 | CERTIFICATE OF SERVICE by Marhaygue LLC re 10 Report and Recommendations, 12 Objection to Report and Recommendations (Klett, William) Modified on 2/9/2012: to link correct event to associated event (kmca). (Main Document 16 replaced on 2/9/2012)(Additional attachment(s) added on 2/9/2012: # 1 Proof of Service for 10 R&R and 12 Objections to R&R) (kmca). (Entered: 02/08/2012) | |||
| 2012-02-13 | 17 | 0 | RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order and to Plaintiff's 12 Objections to Magistrate Judge's Report and Recommendation. Response filed by Wolfpac Technologies Inc.Reply to Response to Motion due by 2/24/2012 (Attachments: # 1 Exhibit Ex 1 Amendment 3-28-11, # 2 Exhibit Ex 2 Notice of Allowability, # 3 Exhibit Ex 3 Mackenroth, # 4 Exhibit Ex 4 Maybee, # 5 Exhibit Ex 5 1970 Encyclopedia, # 6 Exhibit Ex 6 Moran, # 7 Exhibit Ex 7 Heckford, # 8 Exhibit Ex 8 Holan, # 9 Exhibit Ex 9 Henning, # 10 Exhibit Ex 10 Lipman, # 11 Exhibit Ex 11 Marburg, # 12 Exhibit Ex 12 Brown, # 13 Exhibit Ex 13 Holland)(Killen, Craig) Modified on 2/14/2012: to add link to 12 Objections (kmca). (Entered: 02/13/2012) | |||
| 2012-02-13 | 18 | 0 | Defendant's DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 Defendant's by Wolfpac Technologies Inc.(Killen, Craig) (Entered: 02/13/2012) | |||
| 2012-02-13 | 19 | 0 | Defendant's Local Rule 26.01 Answers to Interrogatories by Wolfpac Technologies Inc.(Killen, Craig) (Entered: 02/13/2012) | |||
| 2012-02-14 | 22 | 0 | TEXT ORDER: Defendant has filed a response in opposition to Plaintiff's Motion for a TRO. (Dkt. No. 17). The time for Plaintiff to file a reply is hereby shortened to 2/16/12. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/14/12. (ltap, ) (Entered: 02/14/2012) | |||
| 2012-02-15 | 23 | 0 | MOTION to Appear Pro Hac Vice by Eric Soller ( Filing fee $ 250 receipt number 0420-3895102) by Wolfpac Technologies Inc. Response to Motion due by 3/5/2012 (Attachments: # 1 Affidavit Application/Affidavit of Eric Soller)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Jacquelyn D Austin.(Killen, Craig) (Entered: 02/15/2012) | |||
| 2012-02-16 | 25 | 0 | ORDER granting 23 Motion for Eric George Soller to Appear Pro Hac Vice for Wolfpac Technologies Inc Signed by Honorable Richard M Gergel on 2/16/2012.(sshe, ) (Entered: 02/16/2012) | |||
| 2012-02-16 | 26 | 0 | REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order Response filed by Marhaygue LLC. (Attachments: # 1 Exhibit A - Declaration of Guerry E. Green)(Klett, William) (Entered: 02/16/2012) | |||
| 2012-02-20 | 27 | 0 | REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order (Supplemental) Response filed by Marhaygue LLC. (Attachments: # 1 Exhibit A - PTO Rejection)(Klett, William) (Entered: 02/20/2012) | |||
| 2012-02-21 | 28 | 0 | ORDER adopting 10 Report and Recommendations denying 5 Motion for TRO. Signed by Honorable Richard M Gergel on 2/21/2012.(sshe, ) (Entered: 02/21/2012) | 2012-02-22 12:13:23 | fd8bc686273d77c93e9f36327d6cb287b46b4ba7 | |
| 2012-02-24 | 29 | 0 | ANSWER to 2 Complaint, Affirmative Defenses, and, COUNTERCLAIM against Marhaygue LLC by Wolfpac Technologies Inc. (Attachments: # 1 Exhibit Ex. A -- Superior Vinyl Balustrade Catalog, # 2 Exhibit Ex. B -- Post Caps & Finials Webpage, # 3 Exhibit Ex. C -- Belmont Square Post Trim 8" Classic, # 4 Exhibit Ex. D -- Belmont Equipment Trademark Registration, # 5 Exhibit Ex. E -- Tru Tech Trademark Registration, # 6 Exhibit Ex. F -- Wrap N' Snap Webpage)(Summer, Ashley) (Entered: 02/24/2012) | |||
| 2012-03-01 | 30 | 0 | MOTION to Appear Pro Hac Vice by Jonathan C. Parks (Filing fee $250 receipt number 0420-3928324) by Wolfpac Technologies Inc. Response to Motion due by 3/19/2012 (Attachments: # 1 Exhibit 1 -- Application/Affidavit of Jonathan C. Parks)Proposed order is being emailed to chambers with copy to opposing counsel.(Summer, Ashley) Modified on 3/2/2012: remove referral to Judge Austin (kmca). (Entered: 03/01/2012) | |||
| 2012-03-05 | 32 | 0 | ORDER granting 30 Motion of Jonathan C Parks to Appear Pro Hac Vice for Wolfpac Technologies Inc Signed by Honorable Richard M Gergel on 3/5/2012.(sshe, ) (Entered: 03/05/2012) | |||
| 2012-03-16 | 33 | 0 | NOTICE of Request for Protection from Court Appearance by William Y Klett, III for 03/30/2012 - 04/04/2012 (Klett, William) (Entered: 03/16/2012) | |||
| 2012-03-16 | 34 | 0 | AMENDED COMPLAINT against Wolfpac Technologies Inc, Atlantic Forest Products LLC, filed by Marhaygue LLC. (Attachments: # 1 Exhibit A - Patent No. 7,997,044, # 2 Exhibit B - Photocopy of Promotional Materials, # 3 Exhibit C - Plaintiff's Sales Brochure showing Belmont Post Cap, # 4 Exhibit D - Defendant's Advertising Brochure) (Klett, William) Modified on 3/19/2012: to edit text to add new party (kmca). (Entered: 03/16/2012) | |||
| 2012-03-16 | 35 | 0 | MOTION for Preliminary Injunction by Marhaygue LLC. Response to Motion due by 4/2/2012 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Declaration of Guerry Green, # 3 Exhibit B - Declaration of Jim Goodman, # 4 Exhibit C - Declaration of Jack Delaney, # 5 Exhibit D - Atlantic Website, # 6 Exhibit E - Declaration of Nick Beare)No proposed order.Motions referred to Jacquelyn D Austin.(Klett, William) Modified on 3/19/2012: to edit text to remove "oral" (kmca). (Entered: 03/16/2012) | |||
| 2012-03-19 | 37 | 0 | Local Rule 26.01 Answers to Interrogatories by Marhaygue LLC.(Klett, William) (Entered: 03/19/2012) | |||
| 2012-03-19 | 38 | 0 | Summons Issued as to Atlantic Forest Products LLC. (kmca) (Entered: 03/19/2012) | |||
| 2012-03-19 | 39 | 0 | SCHEDULING ORDER: Rule 26(f) Conference Deadline 4/9/2012, 26(a) Initial Disclosures due by 4/23/2012, Rule 26 Report due by 4/23/2012, Motions to Amend Pleadings due by 6/18/2012, Discovery due by 10/30/2012, Plaintiffs ID of Expert Witness due by 11/9/2012, Defendants ID of Expert Witnesses Due by 11/26/2012, Motion in Limine due by 11/29/2012, Records Custodian Affidavit due by 12/3/2012, Motions due by 12/14/2012, Rule 26(a)(3) Disclosures due by 1/23/2013, Jury Selection Deadline 1/30/2013. Signed by Magistrate Judge Jacquelyn D Austin on 3/19/12. (kmca) (Entered: 03/19/2012) | |||
| 2012-03-23 | 41 | 0 | SUMMONS Returned Executed by Marhaygue LLC. Atlantic Forest Products LLC served with Summons; First Amended Complaint; Motion and Memorandum for Preliminary Injunction; and Plaintiff's Responses to Local Rule 26.01 Interrogatories on 3/23/2012, answer due 4/13/2012. (kmca) Document refiled by clerk to correct event type (kmca) (Entered: 03/23/2012) | |||
| 2012-03-27 | 42 | 0 | Joint MOTION for Extension of Time for Rule 26(f) conference by Wolfpac Technologies Inc, Marhaygue LLC. Response to Motion due by 4/13/2012 No proposed order.Motions referred to Jacquelyn D Austin.(Summer, Ashley) Modified on 3/28/2012: to add filer listed on document, to edit text-add rule 26(f) conference (kmca). (Entered: 03/27/2012) | |||
| 2012-03-28 | 43 | 0 | TEXT ORDER granting 42 Joint Motion for Extension of Time. The deadline for the Rule 26(f) conference is extended to April 16, 2012. Signed by Magistrate Judge Jacquelyn D Austin on 3/28/12.(kmca) (Entered: 03/28/2012) | |||
| 2012-04-02 | 44 | 0 | RESPONSE in Opposition re 35 MOTION for Preliminary Injunction Response filed by Atlantic Forest Products LLC, Wolfpac Technologies Inc.Reply to Response to Motion due by 4/12/2012 (Attachments: # 1 Exhibit 1 - Notice of Allowability, # 2 Exhibit 2 - Patent Prosection Amendment, # 3 Exhibit 3 - Reexam Filing Date, # 4 Exhibit 4 - Examples of Column Wrap Products, # 5 Exhibit 5 - Home Improvement Exec July 2006, # 6 Exhibit 6 - Moore Declaration, # 7 Exhibit 7 - Do It Best, # 8 Exhibit 8 - Cutting Tools, # 9 Exhibit 9 - McCarthy Declaration)(Summer, Ashley) (Entered: 04/02/2012) | |||
| 2012-04-02 | 45 | 0 | ANSWER to 34 Amended Complaint,, COUNTERCLAIM against Marhaygue LLC by Wolfpac Technologies Inc.(Summer, Ashley) (Entered: 04/02/2012) | |||
| 2012-04-02 | 46 | 0 | ANSWER to 34 Amended Complaint,, COUNTERCLAIM against Marhaygue LLC by Atlantic Forest Products LLC.(Summer, Ashley) (Entered: 04/02/2012) | |||
| 2012-04-02 | 47 | 0 | DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Atlantic Forest Products LLC.(Summer, Ashley) (Entered: 04/02/2012) | |||
| 2012-04-02 | 48 | 0 | Local Rule 26.01 Answers to Interrogatories by Atlantic Forest Products LLC.(Summer, Ashley) (Entered: 04/02/2012) | |||
| 2012-04-03 | 51 | 0 | NOTICE of Hearing on 35 MOTION for Preliminary Injunction: Motion Hearing set for Monday, 4/23/2012, 10:00 AM - 12:00 PM, in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Magistrate Judge Jacquelyn D Austin. ***Counsel, please note limited argument time***.(kmca) (Entered: 04/03/2012) | |||
| 2012-04-12 | 53 | 0 | REPLY to Response to Motion re 35 MOTION for Preliminary Injunction Response filed by Marhaygue LLC. (Attachments: # 1 Exhibit A - Provisional Application, # 2 Exhibit B - Dictionary Definition, # 3 Exhibit C - Declarations, # 4 Exhibit D1 - Unpublished Decision, # 5 Exhibit D2 - Unpublished Decision, # 6 Exhibit D3 - Unpublished Decision, # 7 Exhibit D4 - Unpublished Decision, # 8 Exhibit D5 - Unpublished Decision)(Klett, William) (Entered: 04/12/2012) | |||
| 2012-04-16 | 54 | 0 | MOTION for Leave to File Excess Pages for Plaintiff's Reply to Defendants' Opposition by Marhaygue LLC. Response to Motion due by 5/3/2012 No proposed orderMotions referred to Jacquelyn D Austin.(Klett, William) (Entered: 04/16/2012) | |||
| 2012-04-17 | 55 | 0 | TEXT ORDER granting 54 Motion for Leave to File Excess Pages. Defendants shall file a sur-reply, if necessary, on or before April 19, 2012. Signed by Magistrate Judge Jacquelyn D Austin on 4/17/12.(kmca) (Entered: 04/17/2012) | |||
| 2012-04-19 | 56 | 0 | SUR REPLY to REPLY to Response to Motion re 35 MOTION for Preliminary Injunction Response filed by Atlantic Forest Products LLC, Wolfpac Technologies Inc. (Attachments: # 1 Exhibit Ex. A - Unpublished Case)(Summer, Ashley) (Entered: 04/19/2012) | |||
| 2012-04-20 | 58 | 0 | ANSWER to Counterclaim 45 by Marhaygue LLC.(Klett, William) (Entered: 04/20/2012) | |||
| 2012-04-20 | 59 | 0 | ANSWER to Counterclaim 46 by Marhaygue LLC.(Klett, William) (Entered: 04/20/2012) | |||
| 2012-04-23 | 60 | 0 | Minute Entry. Proceedings held before Magistrate Judge Jacquelyn D Austin: Motion Hearing held on 4/23/2012 regarding 35 MOTION for Preliminary Injunction filed by Marhaygue LLC. Testimony given by Guerry Green on behalf of Marhaygue LLC. Motion taken under advisement. Court Reporter Karen Martin. (ncha, ) (Entered: 04/23/2012) | |||
| 2012-04-23 | 61 | 0 | Joint Rule 26(f) Report, Discovery Plan and L.R. 26.03 Answers to Interrogatories by Atlantic Forest Products LLC, Marhaygue LLC, Wolfpac Technologies Inc. (Attachments: # 1 Exhibit Mediation Statement)(Klett, William) Modified on 4/24/2012: to edit text (kmca). (Entered: 04/23/2012) | |||
| 2012-05-03 | 62 | 0 | Consent MOTION to Amend/Correct Scheduling Order by Marhaygue LLC. Response to Motion due by 5/21/2012 No proposed orderMotions referred to Jacquelyn D Austin.(Klett, William) (Entered: 05/03/2012) | |||
| 2012-05-04 | 63 | 0 | TEXT ORDER granting 62 Consent Motion to Amend/Correct scheduling order. Plaintiff's deadline to submit its Disclosure of Asserted Claims and Infringement Contentions is extended by seven (7) days and is due twenty-one (21) days from the parties' Rule 26(f) Conference. Signed by Magistrate Judge Jacquelyn D Austin on 5/4/12.(kmca) (Entered: 05/04/2012) | |||
| 2012-05-09 | 64 | 0 | REPORT AND RECOMMENDATIONS that Plaintiff's 35 MOTION for Preliminary Injunction be GRANTED and that a preliminary injunction be issued enjoining Defendants, including their officers, agents, employees, attorneys, and others in privy with them, from infringing the '044 Patent. If this Report and Recommendation is adopted by the District Court, the Court also recommends that the preliminary injunction not issue until Plaintiff has posted a bond with the Clerk of Court in an amount to be determined after the parties have briefed the Court on the issue of the required amount of bond. Objections to R&R due by 5/29/2012. Signed by Magistrate Judge Jacquelyn D Austin on 5/9/12. (kmca) (Entered: 05/09/2012) | |||
| 2012-05-14 | 65 | 0 | Consent MOTION for Confidentiality Order by Atlantic Forest Products LLC, Wolfpac Technologies Inc. Response to Motion due by 6/1/2012 (Attachments: # 1 Exhibit A -- Proposed Confidentiality Order, # 2 Exhibit B -- Redlined Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Jacquelyn D Austin.(Summer, Ashley) (Entered: 05/14/2012) | |||
| 2012-05-14 | 66 | 0 | ORDER granting 65 Consent Motion for Confidentiality Order. Confidentiality order filed. Signed by Magistrate Judge Jacquelyn D Austin on 5/14/12.(kmca) Modified on 5/16/2012: to correct file date and Judge's signature date to 5/14/12 (kmca). (Entered: 05/15/2012) | |||
| 2012-05-16 | 67 | 0 | MOTION for Extension of Time (Unopposed) by Atlantic Forest Products LLC, Wolfpac Technologies Inc. Response to Motion due by 6/4/2012 No proposed orderMotions referred to Jacquelyn D Austin.(Summer, Ashley) (Entered: 05/16/2012) | |||
| 2012-05-17 | 68 | 0 | TEXT ORDER granting 67 Motion for Extension of Time Entered at the Direction of Honorable Richard M Gergel on 5/17/2012.(sshe, ) (Entered: 05/17/2012) | |||
| 2012-05-30 | 69 | 0 | OBJECTION to 64 Report and Recommendations on Plaintiff's Motion for Preliminary Injunction by Atlantic Forest Products LLC, Wolfpac Technologies Inc.Reply to Objections due by 6/18/2012 (Attachments: # 1 Exhibit 1 - Reexamination Order, # 2 Exhibit 2 - PTO Initital Rejection, # 3 Exhibit 3 - John Pace Declaration with Exhibits A, B, and C, # 4 Exhibit 4 - Wiki ID, # 5 Exhibit 5 - 3-28-2011 Amendment, # 6 Exhibit 6 - Reexamination Request, # 7 Exhibit 7 - Collection of groove patents, # 8 Exhibit 8 - Collection of joint patents, # 9 Exhibit 9 - Carroll US1533099, # 10 Exhibit 10 - Voss US5247309, # 11 Exhibit 11 - Voss US5337916, # 12 Exhibit 12 - 1-20-2010 PTO Office Action, # 13 Exhibit 13 - Product spotlight, # 14 Exhibit 14 - Unique Coupons Case)(Summer, Ashley) (Attachment 3 replaced on 6/1/2012: to replace illegible attachment #3 as provided by filing user) Modified on 6/1/2012: to remove duplicative text (kmca). (Entered: 05/30/2012) | |||
| 2012-05-30 | 70 | 0 | First MOTION to Stay Pending Inter Partes Reexamination of the Patent-In-Suit by Atlantic Forest Products LLC, Wolfpac Technologies Inc. Response to Motion due by 6/18/2012 No proposed orderMotions referred to Jacquelyn D Austin.(Summer, Ashley) (Additional attachment(s) added on 5/31/2012: # 1 Memo in Support, # 2 Exhibit 1 Reexam Order, # 3 Exhibit 2 Office Action, # 4 Exhibit 3 Infringement Contentions, # 5 Exhibit 4 Cross Atl Capital, # 6 Exhibit 5 Alltech, # 7 Exhibit 6 TDY, # 8 Exhibit 7 - 01 Comm, # 9 Exhibit 8 Abbott, # 10 Exhibit 9 PTO Reexam Quarterly Report Sept 2011, # 11 Exhibit 10 Guthy, # 12 Exhibit 11 Magna, # 13 Exhibit 12 Marine Polymer 10-1548, # 14 Exhibit 13 Ingro, # 15 Exhibit 14 Emhart, # 16 Exhibit 15 PTO Reexam Operational Statistics, # 17 Exhibit 16 Grayling, # 18 Exhibit 17 Graham-White, # 19 Exhibit 18 AT&T, # 20 Exhibit 19 Target, # 21 Exhibit 20 GPAC) (kmca). Modified on 5/31/2012: to add to main document an attachment that was filed separately. (kmca). (Entered: 05/30/2012) | |||
| 2012-06-01 | 72 | 0 | ORDER granting 70 First Motion to Stay Pending Inter Partes Reexamination of the Patent-In-Suit. The parties are directed to advise the Court of the final determination of the reexamination proceedings within ten (10) days of any action by the PTO either finally rejecting, confirming, or finding patentable claims 17 and 19. At a minimum, the parties are directed to advise the Court of the status of the reexamination proceedings within four months of the date of this Order. Signed by Magistrate Judge Jacquelyn D Austin on 6/1/12.(kmca) (Entered: 06/01/2012) | |||
| 2012-09-27 | 74 | 0 | Joint STATUS REPORT of Patent Reexamination Proceeding by Atlantic Forest Products LLC, Marhaygue LLC, Wolfpac Technologies Inc. (Summer, Ashley) Modified on 9/27/2012: to add "joint" (kmca). (Entered: 09/27/2012) | |||
| 2012-10-02 | 76 | 0 | TEXT ORDER directing that this matter remain stayed pending reexamination of the patent-in-suit by the PTO. Within ten (10) days of the final determination of the reexamination proceedings, or within four (4) months of the date of this Order, whichever is earlier, counsel for the parties shall notify this Court of the status of the reexamination proceedings. Signed by Magistrate Judge Jacquelyn D Austin on 10/2/12. (kmca) (Entered: 10/02/2012) | |||
| 2012-12-20 | 78 | 0 | ORDER denying 35 Motion for Preliminary Injunction without prejudice. Once the PTO reexamination process is completed and the stay is lifted, Plaintiff is free to refile this motion if it continues to seek preliminary injunctive relief. Signed by Honorable Richard M Gergel on 12/20/2012.(erav, ) (Entered: 12/20/2012) | |||
| 2013-02-01 | 79 | 0 | STATUS REPORT (SECOND) OF PATENT REEXAMINATION PROCEEDING by Marhaygue LLC. (Klett, William) (Entered: 02/01/2013) | |||
| 2013-03-06 | 80 | 0 | STATUS REPORT ORDER: The parties are directed to file a status report on April 1, 2013 and every sixty days thereafter until the PTO reexamination process is completed. The parties are further directed to file notice with the Court within 10 days after the final determination of the PTO reexamination process. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/6/13. (ltap, ) (Entered: 03/06/2013) | |||
| 2013-04-01 | 81 | 0 | STATUS REPORT UPDATE OF PATENT REEXAMINATION PROCEEDING by Marhaygue LLC, Wolfpac Technologies Inc, Atlantic Forest Products LLC. (Klett, William) Modified on 4/2/2013 to add filer(s) listed on document(sshe, ). (Entered: 04/01/2013) | |||
| 2013-05-31 | 82 | 0 | STATUS REPORT (FOURTH) UPDATE OF PATENT REEXAMINATION PROCEEDING by Marhaygue LLC, Wolfpac Technologies Inc, Atlantic Forest Products LLC. (Attachments: # 1 Exhibit 1 - Patent Office Decision)(Klett, William) Modified on 6/3/2013 to add filer(s) listed on document(sshe, ). (Entered: 05/31/2013) | |||
| 2013-07-30 | 83 | 0 | STATUS REPORT (FIFTH) UPDATE OF PATENT REEXAMINATION PROCEEDING by Atlantic Forest Products LLC, Marhaygue LLC, Wolfpac Technologies Inc. (Klett, William) (Entered: 07/30/2013) | |||
| 2013-09-30 | 84 | 0 | STATUS REPORT (SECOND STATUS UPDATE OF PATENT REEXAMINATION PROCEEDING) by Marhaygue LLC. (Klett, William) (Entered: 09/30/2013) | |||
| 2013-10-16 | 85 | 0 | STIPULATION of Dismissal With Prejudice by Atlantic Forest Products LLC, Marhaygue LLC, Wolfpac Technologies Inc. Filing corrected for event type, per Chambers. (sshe, ) (Entered: 10/18/2013) |