| Court: | utd |
| Docket #: | 1:11-cv-00173 |
| Case Name: | Icon Health & Fitness v. FitnessKeeper |
| PACER case #: | 83003 |
| Date filed: | 2011-12-09 |
| Assigned to: | Judge Clark Waddoups |
| Case Cause: | 35:0271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Icon Health & Fitness Plaintiff a Delaware corporation |
David R. Wright Larry R. Laycock Brent P. Lorimer Gregory E. Jolley Jared J. Braithwaite Kirk R. Harris |
| FitnessKeeper Defendant a Delaware corporation |
Ann Lamport Hammitte H. Dickson Burton Stephen E. Pulley Thomas P. McNulty Edgar R. Cataxinos Krista Weber Powell |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-12-09 | 1 | 0 | Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff Icon Health & Fitness is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (lnp) (Entered: 12/09/2011) | |||
| 2011-12-09 | 2 | 0 | COMPLAINT against FitnessKeeper (Filing fee $ 350, receipt number 1088-1489175), filed by Icon Health & Fitness. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Clark Waddoups (Wright, David) (Entered: 12/09/2011) | |||
| 2011-12-12 | 3 | 0 | Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (lnp) (Additional attachment(s) added on 12/12/2011: # 1 Exhibit A - Complaint & Exhibits) (lnp). (Entered: 12/12/2011) | |||
| 2012-01-24 | 4 | 0 | CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Icon Health & Fitness identifying HF Holdings, Inc. as Corporate Parent. (Wright, David) (Entered: 01/24/2012) | |||
| 2012-04-02 | 5 | 0 | **RESTRICTED DOCUMENT**Summons Issued Electronically as to FitnessKeeper. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) (Entered: 04/02/2012) | |||
| 2012-04-09 | 6 | 0 | **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Icon Health & Fitness as to FitnessKeeper served on 4/6/2012, answer due 4/27/2012. (Wright, David) (Entered: 04/09/2012) | |||
| 2012-04-26 | 7 | 0 | NOTICE of Appearance by H. Dickson Burton on behalf of FitnessKeeper (Burton, H.) (Entered: 04/26/2012) | |||
| 2012-04-26 | 8 | 0 | NOTICE of Appearance by Edgar R. Cataxinos on behalf of FitnessKeeper (Cataxinos, Edgar) (Entered: 04/26/2012) | |||
| 2012-04-26 | 9 | 0 | NOTICE of Appearance by Krista Weber Powell on behalf of FitnessKeeper (Powell, Krista) (Entered: 04/26/2012) | |||
| 2012-04-26 | 10 | 0 | Stipulated MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendant FitnessKeeper. (Attachments: # 1 Text of Proposed Order)(Burton, H.) (Entered: 04/26/2012) | |||
| 2012-04-27 | 11 | 0 | NOTICE OF ADR, e-mailed or mailed to Defendant FitnessKeeper, Plaintiff Icon Health & Fitness. (jmr) (Entered: 04/27/2012) | |||
| 2012-05-10 | 12 | 0 | ORDER granting 10 Motion for Extension of Time to Answer. Answer deadline updated for FitnessKeeper answer due 6/11/2012. Signed by Judge Clark Waddoups on 5/10/12. (jmr) (Entered: 05/10/2012) | |||
| 2012-06-11 | 13 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant FitnessKeeper. (Attachments: # 1 Text of Proposed Order)(Burton, H.) (Entered: 06/11/2012) | |||
| 2012-06-11 | 14 | 0 | MEMORANDUM in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant FitnessKeeper. (Burton, H.) (Entered: 06/11/2012) | |||
| 2012-07-03 | 15 | 0 | MOTION for Admission Pro Hac Vice of Thomas P. McNulty , Registration fee $ 15, receipt number 1088-1625057, filed by Defendant FitnessKeeper. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Application, # 3 Exhibit B - ECF Registration Form)(Burton, H.) (Entered: 07/03/2012) | |||
| 2012-07-03 | 16 | 0 | MOTION for Admission Pro Hac Vice of Ann Lamport Hammitte , Registration fee $ 15, receipt number 1088-1625072, filed by Defendant FitnessKeeper. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Application, # 3 Exhibit B - ECF Registration Form)(Burton, H.) (Entered: 07/03/2012) | |||
| 2012-07-03 | 17 | 0 | CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant FitnessKeeper. (Burton, H.) (Entered: 07/03/2012) | |||
| 2012-07-06 | 18 | 0 | ORDER granting 15 Motion for Admission Pro Hac Vice of Thomas P. McNulty for FitnessKeeper. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/5/12. (jmr) (Entered: 07/06/2012) | |||
| 2012-07-06 | 19 | 0 | ORDER granting 16 Motion for Admission Pro Hac Vice of Ann Lamport Hammitte for FitnessKeeper. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/5/12. (jmr) (Entered: 07/06/2012) | |||
| 2012-07-12 | 20 | 0 | MEMORANDUM in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Icon Health & Fitness. (Wright, David) (Entered: 07/12/2012) | |||
| 2012-07-30 | 21 | 0 | REPLY to Response to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant FitnessKeeper. (Burton, H.) (Entered: 07/30/2012) | |||
| 2012-08-02 | 22 | 0 | NOTICE of Appearance by Larry R. Laycock on behalf of Icon Health & Fitness (Laycock, Larry) (Entered: 08/02/2012) | |||
| 2012-08-08 | 23 | 0 | NOTICE OF WITHDRAWAL OF COUNSEL of Brent P. Lorimer filed by Brent P. Lorimer on behalf of Icon Health & Fitness (Lorimer, Brent) (Entered: 08/08/2012) | |||
| 2012-08-14 | 24 | 0 | NOTICE OF HEARING ON MOTION re: 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by jwt) Motion Hearing set for 1/16/2013 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 08/14/2012) | |||
| 2012-08-22 | 25 | 0 | NOTICE OF WITHDRAWAL OF COUNSEL of Kirk R. Harris filed by David R. Wright on behalf of Icon Health & Fitness (Wright, David) (Entered: 08/22/2012) | |||
| 2012-11-06 | 26 | 0 | SUBSTITUTION OF COUNSEL Larry R. Laycock as counsel on behalf of Icon Health & Fitness. (Laycock, Larry) (Entered: 11/06/2012) | |||
| 2012-11-06 | 27 | 0 | NOTICE OF WITHDRAWAL OF COUNSEL of Gregory E. Jolley filed by Gregory E. Jolley on behalf of Icon Health & Fitness (Jolley, Gregory) (Entered: 11/06/2012) | |||
| 2012-11-13 | 28 | 0 | NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Gregory E. Jolley.Attorney Gregory E. Jolley will no longer receive notice from the court in this case including final judgment. (Jolley, Gregory) (Entered: 11/13/2012) | |||
| 2012-12-21 | 29 | 0 | MOTION to Stay and Memorandum in Support filed by Defendant FitnessKeeper. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - U.S. Patent No. 7,789,800, # 3 Exhibit B - U.S. Patent No. 6,701,271, # 4 Exhibit C - Order granting Rexam of '800 patent, # 5 Exhibit D - Office Action, # 6 Exhibit E - Order granting Reexam of '271 patent, # 7 Exhibit F - Office Action, # 8 Exhibit G - AIPLA Report of the Economic Survey excerpt)(Burton, H.) (Entered: 12/21/2012) | |||
| 2013-01-03 | 30 | 0 | ORDER granting 29 Motion to Stay until the United States Patent and Trademark Office completes its reexamination of U.S. Patent Nos. 7,789,800 and 6,701,271. Signed by Judge Clark Waddoups on 1/3/13. (jmr) (Entered: 01/03/2013) | |||
| 2013-01-04 | 31 | 0 | NOTICE of Appearance by Jared J. Braithwaite on behalf of Icon Health & Fitness (Braithwaite, Jared) (Entered: 01/04/2013) | |||
| 2013-02-19 | 32 | 0 | NOTICE of Change of Address by Larry R. Laycock (Laycock, Larry) (Entered: 02/19/2013) | |||
| 2013-03-26 | 33 | 0 | ORDER denying 13 Motion to Dismiss for Failure to State a Claim without prejudice. Following the conclusion of the PTO proceeding,if FitnessKeeper desires to pursue its motion to dismiss, it may re-file the motion for the courts consideration. Signed by Judge Clark Waddoups on 3/26/13. (jmr) (Entered: 03/26/2013) | |||
| 2014-06-18 | 34 | 0 | ORDER-On January 3, 2013, the court stayed this matter until the United States Patent and Trademark Office completes its reexamination of U.S. Patent Nos. 7,789,800 and 6,701,271. (Dkt. No. 30). The court requests that Plaintiff provide a status update about the United States Patent and TrademarkOffices reexamination of the Patents and whether the stay may be lifted in this case. Plaintiff shall provide this information on or before June 30, 2014. Signed by Judge Clark Waddoups on 6/18/14. (jmr) (Entered: 06/18/2014) | |||
| 2014-06-26 | 35 | 0 | STATUS REPORT by Icon Health & Fitness. (Braithwaite, Jared) (Entered: 06/26/2014) | |||
| 2016-02-03 | 36 | 0 | ORDER-The court requests that Plaintiff provide an update about the status of the appeal and whether the stay may be lifted in this case. Status Report due by 2/18/2016. Signed by Judge Clark Waddoups on 2/3/16. (jmr) (Entered: 02/03/2016) | |||
| 2016-02-18 | 37 | 0 | STATUS REPORT Regarding Patent Reexaminations Related to the Current Stay of Proceedings by Icon Health & Fitness. (Braithwaite, Jared) (Entered: 02/18/2016) | |||
| 2016-02-18 | 38 | 0 | SUBSTITUTION OF COUNSEL Stephen E. Pulley replacing Edgar R. Cataxinos as counsel on behalf of FitnessKeeper. (Pulley, Stephen) (Entered: 02/18/2016) |