| Court: | txed |
| Docket #: | 2:12-cv-00705 |
| Case Name: | Stutts v. BSN Sports, Inc. |
| PACER case #: | 140677 |
| Date filed: | 2012-11-06 |
| Date terminated: | 2013-08-13 |
| Assigned to: | Judge Rodney Gilstrap |
| Referred to: | Magistrate Judge Roy S. Payne |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Robert Turner Mediator |
Robert Wayne Turner |
| Scott Woloson Technical Advisor |
Scott Edward Woloson |
| Tommy Stutts Plaintiff |
Derek Tod Gilliland Kirk Austin Voss Robert Winn Cutler Stafford Grigsby Helm Davis |
| BSN Sports, Inc. Defendant |
David Joshua Tobin |
| BSN Sports, Inc. Counter Claimant |
David Joshua Tobin |
| Tommy Stutts Counter Defendant |
Derek Tod Gilliland Kirk Austin Voss Stafford Grigsby Helm Davis |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-11-06 | 1 | 0 | COMPLAINT (Original) for Patent Infringement against BSN Sports, Inc. ( Filing fee $ 350 receipt number 0540-3860871.), filed by Tommy Stutts. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Davis, Stafford) (Entered: 11/06/2012) | |||
| 2012-11-06 | 2 | 0 | Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Davis, Stafford) (Entered: 11/06/2012) | |||
| 2012-11-06 | 3 | 0 | SUMMONS Issued as to BSN Sports, Inc.. (ch, ) (Entered: 11/06/2012) | |||
| 2012-11-08 | 4 | 0 | NOTICE of Attorney Appearance by Kirk Austin Voss on behalf of Tommy Stutts (Voss, Kirk) (Entered: 11/08/2012) | |||
| 2012-11-16 | 5 | 0 | Return of Service Executed as to BSN Sports, Inc. on 11/13/2012, by cert mail; answer due: 12/4/2012. (mll, ) (Entered: 11/19/2012) | |||
| 2012-11-27 | 6 | 0 | Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BSN Sports, Inc..( Tobin, David) (Entered: 11/27/2012) | |||
| 2012-11-27 | 7 | 0 | NOTICE of Attorney Appearance by Derek Tod Gilliland on behalf of Tommy Stutts (Gilliland, Derek) (Entered: 11/27/2012) | |||
| 2013-01-02 | 8 | 0 | Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re BSN Sports, Inc.( Tobin, David) (Entered: 01/02/2013) | |||
| 2013-02-04 | 9 | 0 | ANSWER to 1 Complaint and Defenses, First COUNTERCLAIM against Tommy Stutts by BSN Sports, Inc.. (Attachments: # 1 Exhibit 1 - Webpage from BSN website entitled "Sports Cool Portable Cooling System")(Tobin, David) (Entered: 02/04/2013) | |||
| 2013-02-05 | 10 | 0 | CORPORATE DISCLOSURE STATEMENT filed by BSN Sports, Inc. identifying Corporate Parent Sage Parent Company, Inc. for BSN Sports, Inc.. (Tobin, David) (Entered: 02/05/2013) | |||
| 2013-02-07 | 11 | 0 | NOTICE by Tommy Stutts of Readiness for Scheduling Conference (Davis, Stafford) (Entered: 02/07/2013) | |||
| 2013-02-28 | 12 | 0 | Plaintiff's ANSWER to 9 Answer to Complaint, Counterclaim by Tommy Stutts.(Davis, Stafford) (Entered: 02/28/2013) | |||
| 2013-03-08 | 13 | 0 | NOTICE of Attorney Appearance by Robert Winn Cutler on behalf of Tommy Stutts (Cutler, Robert) (Entered: 03/08/2013) | |||
| 2013-03-15 | 14 | 0 | ORDER - Scheduling Conference set for 4/19/2013 09:30 AM before Judge Rodney Gilstrap and Honorable Roy Payne. Signed by Judge Rodney Gilstrap on 3/14/2013. (ch, ) (Entered: 03/15/2013) | |||
| 2013-04-05 | 15 | 0 | NOTICE of Discovery Disclosure by Tommy Stutts Notice of Compliance with P.R. 3-1 and 3-2 (Davis, Stafford) (Entered: 04/05/2013) | |||
| 2013-04-22 | 16 | 0 | ORDER REFERRING CASE to Magistrate Judge Roy S. Payne for pretrial purposes. Signed by Judge Rodney Gilstrap on 4/19/2013. (ch, ) (Entered: 04/22/2013) | |||
| 2013-05-03 | 17 | 0 | Joint MOTION for Entry of Agreed Docket Control Order, Agreed Protective Order and Agreed Discovery Order by BSN Sports, Inc., Tommy Stutts. (Attachments: # 1 Text of Proposed Order Ex A, # 2 Text of Proposed Order Ex B, # 3 Text of Proposed Order Ex C)(Davis, Stafford) (Entered: 05/03/2013) | |||
| 2013-05-03 | 18 | 0 | NOTICE of Designation of Mediator, Robert Turner, filed by Tommy Stutts. (Davis, Stafford) (Entered: 05/03/2013) | |||
| 2013-05-07 | 19 | 0 | DISCOVERY ORDER. Signed by Magistrate Judge Roy S. Payne on 5/6/13. (ehs, ) (Entered: 05/07/2013) | |||
| 2013-05-07 | 20 | 0 | PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 5/6/13. (ehs, ) (Entered: 05/07/2013) | |||
| 2013-05-07 | 21 | 0 | DOCKET CONTROL ORDER - Amended Pleadings due by 4/30/2013., Joinder of Parties due by 4/17/2013., Markman Hearing set for 7/16/2013 01:30 PM before Magistrate Judge Roy S. Payne., Motions in limine due by 3/3/2014., Proposed Pretrial Order due by 3/17/2014., Jury Selection set for 4/7/2014 09:00AM before Judge Rodney Gilstrap., Pretrial Conference set for 3/25/2014 09:00 AM before Magistrate Judge Roy S. Payne. Mediation completion 11/25/2013.. Signed by Magistrate Judge Roy S. Payne on 5/7/2013. (ch, ) (Entered: 05/07/2013) | |||
| 2013-05-07 | 22 | 0 | NOTICE by Tommy Stutts Notice of Compliance Re. P.R. 4-1 Disclosures (Voss, Kirk) (Entered: 05/07/2013) | |||
| 2013-05-08 | 23 | 0 | NOTICE by BSN Sports, Inc. Notice of Compliance (Tobin, David) (Entered: 05/08/2013) | |||
| 2013-05-13 | 24 | 0 | ORDER REFERRING CASE to Mediator. Robert Turner, McDole Kennedy & Williams PC, 1700 Pacific Avenue, Suite 1280, Dallas, TX 75201, telephone number 214-979 1122, fax number 214-203-0834, and email rturner@mcdolewilliams.com is hereby appointed as mediator in the above referenced case. Mediation shall by completed by November 25, 2013. Signed by Magistrate Judge Roy S. Payne on 5/10/13. (ehs, ) (Entered: 05/13/2013) | |||
| 2013-05-17 | 25 | 0 | Agreed MOTION for Leave to File Amended Infringement Contentions by Tommy Stutts. (Attachments: # 1 Text of Proposed Order)(Davis, Stafford) (Entered: 05/17/2013) | |||
| 2013-05-20 | 26 | 0 | ORDER granting 25 Motion for Leave to Amend Infringement Contentions. Signed by Magistrate Judge Roy S. Payne on 5/20/2013. (ch, ) (Entered: 05/20/2013) | |||
| 2013-05-24 | 27 | 0 | NOTICE of Discovery Disclosure by Tommy Stutts (Initial Disclosures and Additional Disclosures) (Davis, Stafford) (Entered: 05/24/2013) | |||
| 2013-05-24 | 28 | 0 | NOTICE of Discovery Disclosure by BSN Sports, Inc. (Tobin, David) (Entered: 05/24/2013) | |||
| 2013-05-28 | 29 | 0 | NOTICE by Tommy Stutts regarding Compliance with P.R. 4-2 Preliminary Claim Constructions and Identification of Extrinsic Evidence (Voss, Kirk) (Entered: 05/28/2013) | |||
| 2013-05-29 | 30 | 0 | NOTICE by BSN Sports, Inc. of Compliance P.R.4-2 Prelim Claim Constructions and Identification of Extrinsic Evidence (Tobin, David) (Entered: 05/29/2013) | |||
| 2013-05-31 | 31 | 0 | NOTICE by Tommy Stutts Joint Claim Construction and Prehearing Statement P.R. 4-3 (Voss, Kirk) (Entered: 05/31/2013) | |||
| 2013-06-04 | 32 | 0 | Opening CLAIM CONSTRUCTION BRIEF filed by Tommy Stutts. (Attachments: # 1 Exhibit Voss Declaration, # 2 Exhibit A - '787 Patent, # 3 Exhibit B - Definitions, # 4 Text of Proposed Order)(Voss, Kirk) (Entered: 06/04/2013) | |||
| 2013-06-17 | 33 | 0 | REPORT of Mediation by Robert Turner. Mediation result: Impasse(Turner, Robert) (Entered: 06/17/2013) | |||
| 2013-06-18 | 34 | 0 | RESPONSIVE to 32 Claim Construction Brief filed by BSN Sports, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Tobin, David) Modified on 6/19/2013 (ch, ). (Entered: 06/18/2013) | |||
| 2013-06-25 | 35 | 0 | Plaintiff's Reply Brief Concerning Claim Construction Issues REPLY to 32 Claim Construction Brief filed by Tommy Stutts. (Voss, Kirk) (Entered: 06/25/2013) | |||
| 2013-07-02 | 36 | 0 | Unopposed MOTION for Leave to File BSN's Sur-Reply Claim Construction Brief by BSN Sports, Inc.. (Attachments: # 1 Exhibit Exhibit 1 BSN Sur-Reply, # 2 Text of Proposed Order Proposed Order Granting Unopposed Motion for Leave)(Tobin, David) (Additional attachment(s) added on 7/3/2013: # 3 CORRECTED ORDER) (ch, ). (Entered: 07/02/2013) | |||
| 2013-07-02 | 37 | 0 | Joint CLAIM CONSTRUCTION CHART filed by Tommy Stutts. (Attachments: # 1 Exhibit A - Joint Claim Construction Chart)(Voss, Kirk) (Entered: 07/02/2013) | |||
| 2013-07-03 | 38 | 0 | ORDER - the court hereby appoints Scott E. Woloson as the courts technical advisor. Signed by Magistrate Judge Roy S. Payne on 7/3/2013. (ch, ) (Entered: 07/03/2013) | |||
| 2013-07-03 | 39 | 0 | ORDER granting 36 Motion for Leave to File Sur-Reply Re Claim Construction. Signed by Magistrate Judge Roy S. Payne on 7/5/2013. (ch, ) (Entered: 07/03/2013) | |||
| 2013-07-08 | 40 | 0 | ***FILED IN ERROR, PLEASE IGNORE***NOTICE by BSN Sports, Inc. First Amended Rule 7.1 Statement of Defendant BSN Sports, Inc. (Tobin, David) Modified on 7/8/2013 (sm, ). (Entered: 07/08/2013) | |||
| 2013-07-08 | 41 | 0 | CORPORATE DISCLOSURE STATEMENT filed by BSN Sports, Inc. identifying Corporate Parent Herff Jones, Inc., Corporate Parent Sage Parent Company, Inc. for BSN Sports, Inc.. (Tobin, David) (Entered: 07/08/2013) | |||
| 2013-07-15 | 42 | 0 | Joint MOTION to Stay All Deadlines Pending Settlement by BSN Sports, Inc., Tommy Stutts. (Attachments: # 1 Text of Proposed Order)(Davis, Stafford) (Entered: 07/15/2013) | |||
| 2013-07-16 | 43 | 0 | Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Markman Hearing held on 7/16/2013. (Court Reporter Shelly Holmes.) (bga, ) (Entered: 07/16/2013) | |||
| 2013-07-22 | 44 | 0 | ORDER granting 42 Motion to Stay Deadlines. Signed by Magistrate Judge Roy S. Payne on 7/21/2013. (ch, ) (Entered: 07/22/2013) | |||
| 2013-07-22 | 45 | 0 | Agreed MOTION to Dismiss BSN Sports, Inc. with Prejudice by BSN Sports, Inc., Tommy Stutts. (Attachments: # 1 Text of Proposed Order)(Davis, Stafford) (Entered: 07/22/2013) | |||
| 2013-08-05 | 46 | 0 | ORDER - the court received Mr Woloson's invoice for services and expenses through 7/17/2013, and hereby ORDERS payment to be promptly made as follows. Signed by Magistrate Judge Roy S. Payne on 7/23/2013. (ch, ) (Entered: 08/05/2013) | |||
| 2013-08-13 | 47 | 0 | ORDER granting 45 Motion to Dismiss. Dft BSN Sports Inc is hereby dismissed with prejudice. Signed by Magistrate Judge Roy S. Payne on 8/12/2013. (ch, ) (Entered: 08/13/2013) |