Lodsys, LLC v. adidas America, Inc. et al



 
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RFC Case Number: P-L11-283A
Court Case Number: 2:11-cv-00283-TJW -CE
File Date: Friday, June 10, 2011
Plaintiff: Lodsys, LLC
Plaintiff Counsel: William Ellsworth Davis, III of The Davis Firm
Michael A. Goldfarb, Christopher M. Huck of Kelley, Donion, Gill, Huck & Goldfarb, PLLC
Defendant: adidas America, Inc.
BBY Solutions, Inc.
Best Western International, Inc.
CVS Caremark Corporation
Sam's West, Inc.
Stanley, Black & Decker, Inc.
The Container Store, Inc.
The Teaching Company, LLC
Vegas.com, LLC
Vitamin Shoppe, Inc.
Cause: 35:271 Patent Infringement
Court: Texas Eastern District Court
Judge: Judge T. John Ward
Referred To: Magistrate Judge Charles Everingham
Notes:
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Docket Text

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Date # Docket Text
8/24/2012 143 NOTICE by Sam's West, Inc. of Compliance with Local Patent Rules 3-3 and 3-4 (Stiner Toomer, Tamara) (Entered: 08/24/2012)
8/24/2012 142 NOTICE of Attorney Appearance by Tamara Danielle Stiner Toomer on behalf of Sam's West, Inc. (Stiner Toomer, Tamara) (Entered: 08/24/2012)
8/21/2012 141 ORDER granting 136 Motion to Dismiss all claims and ncounterclaims arising out of or based upon products and/or services provided by LivePerson, Inc. to Defendant Vitamin Shoppe, Inc., asserted in this suit between Plaintiff Lodsys Group, LLC and Defendant Vitamin Shoppe, Inc., are hereby dismissed with prejudice. All attorneys fees, expenses, and costs are to be borne by the party that incurred them. Signed by Judge Rodney Gilstrap on 8/20/12. (ehs, ) (Entered: 08/21/2012)
8/20/2012 140 NOTICE by Vitamin Shoppe, Inc. of Request for Termination of Electronic Notices (Gunter, Debra) (Entered: 08/20/2012)
8/20/2012 ***ALL PARTIES ARE INSTRUCTED TO FILE ANY FUTURE FILINGS (EXCEPT RELATING TO VENUE) IN LEAD CASE 2:11-CV-90*** (ch, ) (Entered: 08/20/2012)
8/17/2012 139 Plaintiff's ANSWER to 134 Answer to Amended Complaint, Counterclaim by Defendant Sam's West, Inc., by Lodsys Group LLC.(Huck, Christopher) (Entered: 08/17/2012)
8/17/2012 138 Plaintiff's ANSWER to 135 Answer to Amended Complaint, Counterclaim by Defendant Vitamin Shoppe, Inc., by Lodsys Group LLC.(Huck, Christopher) (Entered: 08/17/2012)
8/17/2012 137 ORDER the above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues (except venue) with the first-filed action, Cause No. 2:11-cv- 90. All parties are instructed to file any future motions (except relating to venue) in the first-filed case. Individual cases remain active for venue determinations and trial. The Court will enter one docket control order, one protective order, and one discovery order that will govern the entire consolidated case. All parties to the consolidated case are ordered to meet- and-confer following the upcoming August 29, 2012 scheduling conference to discuss the entry of uniform docket control, protective and discovery orders, which will govern the consolidated case, regardless of whether the same have previously been entered in individual actions. The local rules page limitations for Markman briefs and other motions will apply to the consolidated case. To further promote judicial economy and to conserve the parties resources, the Court encourages the parties to file a notice with the Court in the event that there are other related cases currently pending on the Courts docket that may also be appropriate for consolidation with this case. Signed by Judge Rodney Gilstrap on 8/17/2012. (ch, ) (Entered: 08/17/2012)
8/16/2012 136 Joint MOTION to Dismiss Certain Claims by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 08/16/2012)
7/30/2012 135 ANSWER to 131 Amended Complaint and, COUNTERCLAIM against Lodsys Group LLC by Vitamin Shoppe, Inc..(Brooks, Anthony) (Entered: 07/30/2012)
7/30/2012 134 ANSWER to 131 Amended Complaint, COUNTERCLAIM against Lodsys Group LLC by Sam's West, Inc..(Smith, Michael) (Entered: 07/30/2012)
7/17/2012 133 SUR-REPLY to Reply to Response to Motion re 103 Opposed MOTION to Stay Proceedings on Allegations Already at Issue in Co-Pending Supplier Infringement Actions filed by Lodsys Group LLC. (Huck, Christopher) (Entered: 07/17/2012)
7/16/2012 132 ORDER granting 130 Joint Motion to Extend Certain Case Deadlines. ORDERED that Defendants shall have until and including Friday, August 24, 2012, in which to comply with P.R. 3-3 and 3-4, and that the parties shall have until and including Monday, September 10, 2012, in which to produce or permit inspection of the materials set forth in paragraph 3(b) of the Discovery Order [Dkt. No. 109]. Signed by Judge Rodney Gilstrap on 7/16/2012. (ch, ) (Entered: 07/16/2012)
7/13/2012 131 AMENDED COMPLAINT for Patent Infringement against All Defendants, filed by Lodsys Group LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Roth, Kit) (Entered: 07/13/2012)
7/13/2012 130 Joint MOTION Extend Certain Case Deadlines by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Roth, Kit) (Entered: 07/13/2012)
7/3/2012 129 AMENDED ORDER granting 124 Unopposed Motion to file Reply. ORDERED that Defendants shall have until and through July 2, 2012 in which to file their reply brief, and Plaintiff shall have until and through July 17, 2012 in which to file its sur-reply brief. Signed by Judge Rodney Gilstrap on 7/3/2012. (ch, ) (Entered: 07/03/2012)
7/2/2012 128 REPLY to Response to Motion re 103 Opposed MOTION to Stay Proceedings on Allegations Already at Issue in Co-Pending Supplier Infringement Actions filed by Sam's West, Inc., Vitamin Shoppe, Inc.. (Attachments: # 1 Exhibit A)(Smith, Michael) (Entered: 07/02/2012)
6/26/2012 127 ORDER granting 124 Motion for Extension of Time to File Response/Reply. Defendants shall have until and through 07/02/12 to file their reply brief, and Planitiff shall have until and through 07/12/12 to file its sur-reply brief. Signed by Judge Rodney Gilstrap on 6/26/12. (bas) (Entered: 06/26/2012)
6/26/2012 126 PROTECTIVE ORDER. Signed by Judge Rodney Gilstrap on 6/26/12. (mrm, ) (Entered: 06/26/2012)
6/26/2012 125 ORDER granting 120 Motion for Leave to File Excess Pages. Signed by Judge Rodney Gilstrap on 6/26/12. (mrm, ) (Entered: 06/26/2012)
6/25/2012 124 Unopposed MOTION for Extension of Time to File Response/Reply as to 123 Response in Opposition to Motion, by Sam's West, Inc., Vitamin Shoppe, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Attachment 1 replaced on 6/26/2012 with a corrected order) (ehs, ). Modified on 6/26/2012 (ehs, ). (Entered: 06/25/2012)
6/15/2012 123 RESPONSE in Opposition re 103 Opposed MOTION to Stay Proceedings on Allegations Already at Issue in Co-Pending Supplier Infringement Actions filed by Lodsys Group LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(Huck, Christopher) (Entered: 06/15/2012)
6/15/2012 122 NOTICE by Lodsys Group LLC of Compliance with P.R. 3-1 and 3-2 (Roth, Kit) (Entered: 06/15/2012)
6/15/2012 121 NOTICE of Discovery Disclosure by Lodsys Group LLC re Initial Disclosures (Roth, Kit) (Entered: 06/15/2012)
6/15/2012 120 Unopposed MOTION for Leave to File Excess Pages by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 06/15/2012)
6/15/2012 119 NOTICE of Discovery Disclosure by Sam's West, Inc. (Smith, Michael) (Entered: 06/15/2012)
6/15/2012 118 NOTICE by Vitamin Shoppe, Inc. of Initial Disclosures (Brooks, Anthony) (Entered: 06/15/2012)
6/13/2012 117 Joint MOTION for Protective Order by Lodsys Group LLC, Sam's West, Inc., Vitamin Shoppe, Inc.. (Attachments: # 1 Protective Order)(Brooks, Anthony) (Additional attachment(s) added on 6/13/2012: # 2 REVISED ORDER REMOVED SIGNATURES AT BOTTOM OF ORDER) (ch, ). (Entered: 06/13/2012)
6/12/2012 116 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***Joint MOTION for Protective Order by Lodsys Group LLC, Sam's West, Inc., Vitamin Shoppe, Inc.. (Attachments: # 1 Protective Order)(Brooks, Anthony) Modified on 6/12/2012 (sm, ). (Entered: 06/12/2012)
6/12/2012 NOTICE of DEFICIENCY regarding the #116 Joint Motion submitted by Lodsys Group LLC, Sam's West, Inc.. No certificate of conference is included (required now per local rules). Correction should be made by 1 business day and refiled. This motion is now TERMINATED. (sm, ) (Entered: 06/12/2012)
6/5/2012 115 ORDER granting 113 Motion for Extension of Time to File Protective Order. Deadline extended to June 12, 2012. Signed by Judge Rodney Gilstrap on 6/5/12. (ehs, ) (Entered: 06/05/2012)
6/1/2012 114 NOTICE of Change of Address by Kit W Roth (Roth, Kit) (Entered: 06/01/2012)
6/1/2012 113 Joint MOTION for Extension of Time to File (Submit) Proposed Protective Order by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 06/01/2012)
5/25/2012 112 ORDER granting 111 Motion for Extension of Time to File Response to Defendants Vitamin Shoppe, Inc.s and Sams West Inc.s Motion To Stay Proceedings On Allegations Already At Issue In Co-Pending Supplier Infringement Actions. Responses due by 6/15/2012. Signed by Judge Rodney Gilstrap on 5/24/12. (ehs, ) (Entered: 05/25/2012)
5/23/2012 111 Unopposed MOTION for Extension of Time to File Response/Reply by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 05/23/2012)
5/23/2012 109 DISCOVERY ORDER. Signed by Judge Rodney Gilstrap on 5/23/2012. (ch, ) (Entered: 05/23/2012)
5/21/2012 110 APPLICATION (APPROVED) to Appear Pro Hac Vice by Attorney Karen L Carroll for Sam's West, Inc. (pkb, ) (Entered: 05/23/2012)
5/21/2012 108 Joint MOTION to Enter Agreed Discovery Order by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 05/21/2012)
5/18/2012 107 APPLICATION to Appear Pro Hac Vice by Attorney Kit W Roth for Lodsys Group LLC (APPROVED, FEE PAID 2-1097) (bsw, ) (Entered: 05/18/2012)
5/17/2012 106 ORDER - the parties are ORDERED to obtain an updated model discovery order from the undersigneds chambers website, meet-and-confer, and submit a revised proposed discovery order within 7 days. Signed by Judge Rodney Gilstrap on 5/16/12. (ehs, ) (Entered: 05/17/2012)
5/16/2012 105 ORDER granting 101 Motion to Amend/Correct. ORDERED that the parties shall have until and including Friday, June 1, 2012, in which to submit a Proposed Protective Order to the Court. Signed by Judge Rodney Gilstrap on 5/15/2012. (ch, ) (Entered: 05/16/2012)
5/16/2012 104 DOCKET CONTROL ORDER, ( Amended Pleadings due by 12/4/2012., Complete Expert Discovery due by 5/13/2013., Expert Witness List due by 4/5/2012., Joinder of Parties due by 5/18/2012., Joint Proposed Discovery due by 5/4/2012., Markman Hearing set for 2/19/2013 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Motions in Limine due by 7/2/2013., Pretrial Order due by 7/15/2013., Jury Selection set for 8/5/2013 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Pretrial Conference set for 7/22/2013 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 5/15/12. (ehs, ) (Entered: 05/16/2012)
5/15/2012 103 Opposed MOTION to Stay Proceedings on Allegations Already at Issue in Co-Pending Supplier Infringement Actions by Sam's West, Inc., Vitamin Shoppe, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 05/15/2012)
5/11/2012 102 Joint MOTION for Entry of Agreed Docket Control Order by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 05/11/2012)
5/4/2012 101 Joint MOTION to Amend/Correct Docket Control Order to Extend Deadline to file Proposed Protective Order by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 05/04/2012)
5/4/2012 100 Joint MOTION for Entry of Discovery and Docket Control Orders by Lodsys Group LLC. (Attachments: # 1 Docket Control Order, # 2 Discovery Order)(Huck, Christopher) (Entered: 05/04/2012)
5/4/2012 99 NOTICE of Designation of Mediator, Honorable Robert Faulkner, filed by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 05/04/2012)
5/4/2012 98 ***DEFICIENT DOCUMENT. PLEASE IGNORE THIS DOCUMENT.***Joint MOTION for Entry of Discovery and Docket Control Orders by Lodsys Group LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Huck, Christopher) Modified on 5/4/2012 (ch, ). (Entered: 05/04/2012)
5/4/2012 NOTICE of Deficiency regarding the 98 submitted NO CERTIFICATE OF CONFERENCE. Correction should be made by one business day (ch, ) (Entered: 05/04/2012)
4/20/2012 Minute Entry for proceedings held before Judge Rodney Gilstrap and Judge Roy Payne: Status Conference held on 4/20/12. Counsel for the parties appeared and were asked if they consented to a trial before Judge Payne. The parties were then given Markman and jury selection dates. The parties were directed to meet and confer regarding any changes to the Courts scheduling order and discovery order, and the parties are to submit the proposed orders within 14 days of today's date. Court adjourned. (Court Reporter Susan Simmons, CSR.) (jml) (Entered: 04/23/2012)
4/20/2012 Minute Entry for proceedings held before Judge Rodney Gilstrap and Judge Roy Payne.: Status Conference held on 4/20/12. Counsel for the parties appeared and were asked if they consented to a trial before Judge Payne. The parties were then given Markman and jury selection dates. The parties were directed to meet and confer regarding any changes to the Courts scheduling order and discovery order, and the parties are to submit the proposed orders within 14 days of today's date. Court adjourned. (Court Reporter Susan Simmons.) (bga, ) (Entered: 04/20/2012)
4/19/2012 97 NOTICE of Attorney Appearance by Debra Elaine Gunter on behalf of Vitamin Shoppe, Inc. (Gunter, Debra) (Entered: 04/19/2012)
3/12/2012 96 ORDER, ( Status Conference set for 4/20/2012 09:30 AM before Judge Rodney Gilstrap.). Signed by Judge Rodney Gilstrap on 3/9/12. (ehs, ) (Entered: 03/12/2012)
3/7/2012 95 ORDER granting 94 Motion to Amend Order Dismissing Certain Claims 71 . In addition to those claims and counterclaims dismissed with prejudice by the Courts October 20, 2011 Order (dkt. no. 71), all claims of infringement of U.S. Patent No. 5,999,908 against CVS Pharmacy, The Container Store, and Vegas.com as currently alleged in this action are dismissed with prejudice to the extent that any claims currently remain. All costs, expenses, and attorneys fees related to the above listed claims and counterclaims are to be borne by the party that incurred them. Signed by Judge Rodney Gilstrap on 3/7/12. (ehs, ) (Entered: 03/07/2012)
3/7/2012 NOTICE - disregard the deficiency for #94, the motion has already been granted (ch, ) (Entered: 03/07/2012)
3/7/2012 NOTICE of Deficiency regarding the 94 submitted NO CERTIFICATE OF CONFERENCE. PURUANT TO NEW LOCAL RULEL JOINT MOTINS REQUIRE CERTIFICATE OF CONF. Correction should be made by one business day (ch, ) (Entered: 03/07/2012)
3/6/2012 94 Joint MOTION to Amend/Correct 71 Order on Motion to Dismiss by Lodsys Group LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) Modified on 3/7/2012 (ch, ). (Additional attachment(s) added on 3/7/2012: # 2 Certificate of Conference) (ehs, ). (Entered: 03/06/2012)
3/6/2012 93 CORPORATE DISCLOSURE STATEMENT filed by Lodsys Group LLC identifying Corporate Parent Lodsys Holdings Group, LLC for Lodsys Group LLC. (Huck, Christopher) (Entered: 03/06/2012)
2/13/2012 92 ORDER granting 90 Motion to Withdraw as Attorney. Attorney J Thad Heartfield and M. Dru Montgomery terminated as counsel for Vitamin Shoppe Inc. Signed by Judge Rodney Gilstrap on 2/13/2012. (ch, ) (Entered: 02/13/2012)
2/13/2012 91 ORDER granting 89 Motion to Withdraw as Attorney. Attorney Michael E Shanahan; Brent A Hawkins and John Cannon Low terminated as counsal for Vitamin Shoppe Inc. Signed by Judge Rodney Gilstrap on 2/13/2012. (ch, ) (Entered: 02/13/2012)
2/13/2012 90 Unopposed MOTION to Withdraw as Attorney by Vitamin Shoppe, Inc.. (Attachments: # 1 Proposed Order)(Heartfield, J) (Entered: 02/13/2012)
2/10/2012 89 Unopposed MOTION to Withdraw as Attorney by Vitamin Shoppe, Inc.. (Attachments: # 1 Text of Proposed Order)(Low, John) (Entered: 02/10/2012)
2/3/2012 88 NOTICE of Attorney Appearance by Anthony W Brooks on behalf of Vitamin Shoppe, Inc. (Brooks, Anthony) (Entered: 02/03/2012)
2/1/2012 87 ORDER granting 86 Motion to Substitute Party. Lodsys Group, LLC is substituted for Lodsys, LLC for all purposes in this action, including as plaintiff and counterclaim defendant. Signed by Judge Rodney Gilstrap on 2/1/12. (ehs, ) (Entered: 02/01/2012)
1/31/2012 86 MOTION to Substitute Party by Lodsys, LLC. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Huck, Christopher) (Additional attachment(s) added on 2/1/2012: # 3 REVISED ORDER (WITHOUT DATE AND SIGNATURE LINES)) (ch, ). (Entered: 01/31/2012)
1/27/2012 85 ORDER granting 82 Motion to Dismiss certain claims and counterclaims as to defendant Lodsys LLC.. the following counterclaims are hereby dismissed without prejudice as agreed by the parties: (a) BestBuys counterclaim for Declaratory Judgment of Non-Infringement of the 908 Patent against Lodsys; and (b) BestBuys counterclaim for Declaratory Judgment of Invalidity of the 908 Patent against Lodsys. All costs, expenses, and attorneys fees related to the above listed counterclaims are to be borne by the party that incurred them. Signed by Judge Rodney Gilstrap on 1/26/12. (ehs, ) (Entered: 01/27/2012)
1/11/2012 84 ORDER granting 81 Motion to Dismiss. ORDERED that the following claims are hereby dismissed without prejudice as agreed by the parties: adidass counterclaim for Declaratory Judgment of Non-Infringement of the 908 Patent against Lodsys; and adidass counterclaim for Declaratory Judgment of Invalidity of the 908 Patent against Lodsys. It is further ORDERED that all costs, expenses, and attorneys fees related to the abovelisted counterclaims are to be borne by the party that incurred them. Signed by Judge Rodney Gilstrap on 1/11/2012. (ch, ) (Entered: 01/11/2012)
1/9/2012 83 ORDER granting 79 Motion to Withdraw as Attorney. Attorney Christopher Wood Kennerly terminated as counsel for Sam's West Inc. Signed by Judge Rodney Gilstrap on 1/6/2012. (ch, ) (Entered: 01/09/2012)
1/9/2012 82 Joint MOTION to Dismiss Counterclaims Without Prejudice by BestBuy.com LLC. (Attachments: # 1 Text of Proposed Order)(Low, John) (Entered: 01/09/2012)
1/9/2012 81 Joint MOTION to Dismiss Counterclaims Without Prejudice by adidas America, Inc.. (Attachments: # 1 Text of Proposed Order)(Low, John) (Entered: 01/09/2012)
12/29/2011 80 APPLICATION to Appear Pro Hac Vice by Attorney David E Finkelson for Sam's West, Inc.,David E Finkelson for Sam's West, Inc.. (APPROVED, FEE PAID 2-859) (ehs, ) (Entered: 12/29/2011)
12/20/2011 79 Unopposed MOTION to Withdraw as Attorney for Sam's West, Inc. by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Kennerly, Christopher) (Entered: 12/20/2011)
12/20/2011 78 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION to Withdraw as Attorney for Sam's West, Inc. by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Kennerly, Christopher) Modified on 12/20/2011 (sm, ). (Entered: 12/20/2011)
12/20/2011 NOTICE of DEFICIENCY regarding the #78 Motion to Withdraw submitted by Sam's West, Inc.. No cert of conference was included. Correction should be made by 1 business day and refiled. Motion now TERMINATED. (sm, ) (Entered: 12/20/2011)
12/20/2011 Case reassigned to Judge Rodney Gilstrap re: misc order 11-2. Judge David Folsom no longer assigned to the case. (rvw, ) (Entered: 12/20/2011)
12/6/2011 77 ORDER granting 75 Motion to Dismiss. The claims are hereby dismissed without prejudice: Lodsyss claim for Infringement Of U.S. Patent No. 5,999,908 against BestBuy, and any and all other claims for infringement against BestBuy, to the extent such claims relate to products and/or services provided to BestBuy by iPerceptions, Inc. and ForeSee Results, Inc.; It is ORDERED that all costs, expenses, and attorneys fees related to the above-listed claims are to be borne by the party that incurred them. Signed by Judge David Folsom on 12/6/2011. (ch, ) (Entered: 12/06/2011)
12/6/2011 76 ORDER granting 74 Motion to Dismiss. The claims are hereby dismissed without prejudice: Lodsyss claim for Infringement Of U.S. Patent No. 5,999,908 against adidas, and any and all other claims for infringement against adidas, to the extent such claims relate to products and/or services provided to adidas by ForeSee; Lodsyss claim for Infringement Of U.S. Patent No. 5,999,908 against Vitamin Shoppe, and any and all other claims for infringement against Vitamin Shoppe, to the extent such claims relate to products and/or services provided to Vitamin Shoppe by ForeSee; It is ORDERED that all costs, expenses, and attorneys fees related to the above listed claims are to be borne by the party that incurred them. Signed by Judge David Folsom on 12/6/2011. (ch, ) (Entered: 12/06/2011)
12/2/2011 75 Joint MOTION to Dismiss Certain Claims Without Prejudice by Lodsys, LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 12/02/2011)
12/2/2011 74 Joint MOTION to Dismiss Certain Claims Without Prejudice by Lodsys, LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 12/02/2011)
10/24/2011 73 Plaintiff Lodsys, LLC Original ANSWER to 63 Answer to Complaint, Counterclaim by Defendant Best Buy.Com, LLC by Lodsys, LLC.(Huck, Christopher) (Entered: 10/24/2011)
10/20/2011 71 ORDER granting 70 Motion to Dismiss Certain Claim With Prejudice. The following claims and counterclaimsare hereby dismissed with prejudice (see order). Signed by Judge David Folsom on 10/20/2011. (ch, ) (Entered: 10/20/2011)
10/18/2011 70 Joint MOTION to Dismiss Certain Claims with Prejudice by Lodsys, LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 10/18/2011)
10/18/2011 69 Original ANSWER to 56 Answer to Complaint, Counterclaim of Defendant Vitamin Shoppe, Inc., by Lodsys, LLC.(Huck, Christopher) (Entered: 10/18/2011)
10/18/2011 68 Original ANSWER to 57 Answer to Complaint, Counterclaim of Defendant CVS Pharmacy Inc., by Lodsys, LLC.(Huck, Christopher) (Entered: 10/18/2011)
10/17/2011 67 Original ANSWER to 53 Answer to Complaint, Counterclaim of Defendant Sam's West, Inc. by Lodsys, LLC.(Huck, Christopher) (Entered: 10/17/2011)
10/6/2011 66 NOTICE by Lodsys, LLC of Dismissal of Defendant Best Western International, Inc. (Huck, Christopher) (Entered: 10/06/2011)
10/5/2011 65 MISC. ORDER 11-1 REASSIGNING CASE. Case reassigned to Judge David Folsom for all further proceedings. Judge T. John Ward no longer assigned to case. Signed by Judge David Folsom on 10-3-11. (jml, ) (Entered: 10/05/2011)
10/3/2011 64 NOTICE of Attorney Appearance by Michael E Shanahan on behalf of Vitamin Shoppe, Inc. (Shanahan, Michael) (Entered: 10/03/2011)
10/3/2011 63 ANSWER to 1 Complaint,, Affirmative Defenses, COUNTERCLAIM against Lodsys, LLC by BestBuy.com LLC.(Shanahan, Michael) (Entered: 10/03/2011)
10/3/2011 62 CORPORATE DISCLOSURE STATEMENT filed by Vegas.com, LLC (Kennerly, Christopher) (Entered: 10/03/2011)
10/3/2011 61 ANSWER to 1 Complaint,, and, COUNTERCLAIM against Lodsys, LLC by Vegas.com, LLC. (Attachments: # 1 Exhibit)(Kennerly, Christopher) (Entered: 10/03/2011)
10/3/2011 60 CORPORATE DISCLOSURE STATEMENT filed by The Container Store, Inc. identifying Corporate Parent The Container Store Holdings, Inc. for The Container Store, Inc.. (Kennerly, Christopher) (Entered: 10/03/2011)
10/3/2011 59 ANSWER to 1 Complaint,, and, COUNTERCLAIM against Lodsys, LLC by The Container Store, Inc.. (Attachments: # 1 Exhibit A)(Kennerly, Christopher) (Entered: 10/03/2011)
9/27/2011 58 CORPORATE DISCLOSURE STATEMENT filed by CVS Pharmacy Inc identifying Corporate Parent CVS Caremark Corporation for CVS Pharmacy Inc. (Kennerly, Christopher) (Entered: 09/27/2011)
9/27/2011 57 ANSWER to 1 Complaint,,, COUNTERCLAIM against Lodsys, LLC by CVS Pharmacy Inc. (Attachments: # 1 Exhibit A)(Kennerly, Christopher) (Entered: 09/27/2011)
9/27/2011 56 Original ANSWER to 1 Complaint,, Affirmative Defenses, COUNTERCLAIM against Lodsys, LLC by Vitamin Shoppe, Inc..(Low, John) (Entered: 09/27/2011)
9/27/2011 55 Lodsys ANSWER to 46 Answer to Complaint, Counterclaim by Lodsys, LLC.(Huck, Christopher) (Entered: 09/27/2011)
9/26/2011 54 CORPORATE DISCLOSURE STATEMENT filed by Sam's West, Inc. identifying Corporate Parent Wal-Mart Stores Inc for Sam's West, Inc.. (Kennerly, Christopher) (Entered: 09/26/2011)
9/26/2011 53 Sam's West Inc.'s ANSWER to 1 Complaint,, and, COUNTERCLAIM against Lodsys, LLC by Sam's West, Inc..(Kennerly, Christopher) (Entered: 09/26/2011)
9/20/2011 52 NOTICE by Lodsys, LLC of Dismissal of Stanley Black & Decker (Huck, Christopher) (Entered: 09/20/2011)
9/16/2011 51 NOTICE of Attorney Appearance by M. Dru Montgomery on behalf of BestBuy.com LLC, Vitamin Shoppe, Inc., adidas America, Inc. (Montgomery, M.) (Entered: 09/16/2011)
9/16/2011 50 NOTICE of Attorney Appearance by J Thad Heartfield on behalf of BestBuy.com LLC, Vitamin Shoppe, Inc., adidas America, Inc. (Heartfield, J) (Entered: 09/16/2011)
9/15/2011 49 Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Best Western International, Inc..( Wong, Russell) (Entered: 09/15/2011)
9/15/2011 Defendant's Unopposed Third Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Best Western International, Inc. to 10/7/2011. 16 Days Granted for Deadline Extension.( ch, ) (Entered: 09/15/2011)
9/12/2011 48 ORDER granting 45 Motion to Substitute Party CVS Pharmacy for CVS Caremark. BestBuy shall be substituted for BBY, all allegations against BBY shall be deemed alleged against BestBuy; BestBuys response to the Complaint shall be due within twenty-one (21) days from entry of this Order.. Signed by Magistrate Judge Charles Everingham on 9/12/11. (ehs, ) (Entered: 09/12/2011)
9/7/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Vitamin Shoppe, Inc. to 9/27/2011. 21 Days Granted for Deadline Extension.( ch, ) (Entered: 09/07/2011)
9/6/2011 47 NOTICE of Attorney Appearance by Bryan P Collins on behalf of Stanley, Black & Decker, Inc. (Collins, Bryan) (Entered: 09/06/2011)
9/6/2011 46 Original ANSWER to 1 Complaint,, Affirmative Defenses, COUNTERCLAIM against Lodsys, LLC by adidas America, Inc..(Shanahan, Michael) (Entered: 09/06/2011)
9/6/2011 45 Joint MOTION to Substitute Party by Lodsys, LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 09/06/2011)
9/6/2011 44 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Vitamin Shoppe, Inc.(Low, John) (Entered: 09/06/2011)
9/6/2011 43 ORDER granting 42 Motion to Substitute Party. CVS Pharmacy Inc added. CVS Caremark Corporation terminated. CVS Pharmacys response to the Complaint shall be due within twenty-one (21) days from entry of this Order.. Signed by Magistrate Judge Charles Everingham on 9/6/2011. (ch, ) (Entered: 09/06/2011)
9/6/2011 Answer Due Deadline Updated for CVS Pharmacy Inc to 9/27/2011. (ch, ) (Entered: 09/06/2011)
9/2/2011 42 Joint MOTION to Substitute Party by Lodsys, LLC. (Attachments: # 1 Text of Proposed Order)(Huck, Christopher) (Entered: 09/02/2011)
9/2/2011 41 ORDER granting 39 Motion for Extension of Time to File Response to Plaintiffs Complaint. Responses due by 10/3/2011. Signed by Magistrate Judge Charles Everingham on 9/2/11. (ehs, ) (Entered: 09/02/2011)
9/2/2011 Answer Due Deadline Updated for The Container Store, Inc. to 10/3/2011; Vegas.com, LLC to 10/3/2011. (ehs, ) (Entered: 09/02/2011)
9/1/2011 40 NOTICE of Voluntary Dismissal by Lodsys, LLC (Huck, Christopher) (Entered: 09/01/2011)
8/31/2011 39 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by The Container Store, Inc., Vegas.com, LLC. (Attachments: # 1 Text of Proposed Order)(Kennerly, Christopher) (Entered: 08/31/2011)
8/31/2011 38 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re CVS Caremark Corporation.( Weston, Patrick) (Entered: 08/31/2011)
8/31/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for CVS Caremark Corporation to 9/5/2011. 5 Days Granted for Deadline Extension.( ch, ) (Entered: 08/31/2011)
8/31/2011 ***FILED IN ERROR. NEED TO PUT EXTENSION DATE Document # 36, Dft Unopposed Application for Extension of Time. PLEASE IGNORE.*** (ch, ) (Entered: 08/31/2011)
8/30/2011 37 ORDER granting 35 Motion for Extension of Time to Answer. Sam West Inc deadline is extended to 9/26/2011. Signed by Magistrate Judge Charles Everingham on 8/30/2011. (ch, ) (Entered: 08/30/2011)
8/30/2011 Answer Due Deadline Updated for Sam's West, Inc. to 9/26/2011. (ch, ) (Entered: 08/30/2011)
8/29/2011 36 ***FILED IN ERROR. PLEASE IGNORE.***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re CVS Caremark Corporation.( Weston, Patrick) Modified on 8/31/2011 (ch, ). (Entered: 08/29/2011)
8/23/2011 35 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by Sam's West, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 08/23/2011)
8/18/2011 34 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Vegas.com, LLC.( Kennerly, Christopher) (Entered: 08/18/2011)
8/18/2011 33 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re The Teaching Company, LLC.( Low, John) (Entered: 08/18/2011)
8/18/2011 32 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Vitamin Shoppe, Inc.(Low, John) (Entered: 08/18/2011)
8/18/2011 31 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re BBY Solutions, Inc.( Low, John) (Entered: 08/18/2011)
8/18/2011 30 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re adidas America, Inc.(Low, John) (Entered: 08/18/2011)
8/18/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Vegas.com, LLC to 9/2/2011. 11 Days Granted for Deadline Extension.( ch, ) (Entered: 08/18/2011)
8/18/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for The Teaching Company, LLC to 9/6/2011. 6 Days Granted for Deadline Extension.( ch, ) (Entered: 08/18/2011)
8/18/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Vitamin Shoppe, Inc. to 9/6/2011. 11 Days Granted for Deadline Extension.( ch, ) (Entered: 08/18/2011)
8/18/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for BBY Solutions, Inc. to 9/6/2011. 15 Days Granted for Deadline Extension.( ch, ) (Entered: 08/18/2011)
8/18/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for adidas America, Inc. to 9/6/2011. 15 Days Granted for Deadline Extension.( ch, ) (Entered: 08/18/2011)
8/17/2011 29 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Stanley, Black & Decker, Inc..( Greene, Sarah) (Entered: 08/17/2011)
8/17/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Stanley, Black & Decker, Inc. to 9/5/2011. 14 Days Granted for Deadline Extension.( ch, ) (Entered: 08/17/2011)
8/16/2011 27 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Best Western International, Inc..( Wong, Russell) (Entered: 08/16/2011)
8/16/2011 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Best Western International, Inc. to 9/21/2011. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 08/16/2011)
8/12/2011 28 E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. Vitamin Shoppe, Inc. served on 8/5/2011 through Registered Agent Corporation Service Co., answer due 8/26/2011. (ehs, ) (Entered: 08/16/2011)
8/3/2011 26 Summons Returned Unexecuted by Lodsys, LLC as to Vitamin Shoppe, Inc.. Summons returned unclaimed on 7/26/11 (ehs, ) (Entered: 08/03/2011)
8/1/2011 25 E-GOV SEALED SUMMONS Issued as to Vitamin Shoppe, Inc.. (ch, ) (Entered: 08/01/2011)
7/27/2011 24 APPLICATION to Appear Pro Hac Vice by Attorney Jack S Barufka for Stanley, Black & Decker, Inc.. (APPROVED, FEE PAID 2-635) (ehs, ) (Entered: 07/27/2011)
7/25/2011 23 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re The Teaching Company, LLC.(Low, John) (Entered: 07/25/2011)
7/25/2011 22 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sam's West, Inc. (Smith, Michael) (Entered: 07/25/2011)
7/25/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for The Teaching Company, LLC to 8/31/2011. 30 Days Granted for Deadline Extension.( sm, ) (Entered: 07/25/2011)
7/25/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sam's West, Inc. to 8/26/2011. 30 Days Granted for Deadline Extension.( sm, ) (Entered: 07/25/2011)
7/21/2011 21 E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. Best Western International, Inc. served on 7/13/2011 by CM RRR through Registered Agent, answer due 8/22/2011. (ehs, ) (Entered: 07/21/2011)
7/19/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Best Western International, Inc. to 8/22/2011. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 07/19/2011)
7/19/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Stanley, Black & Decker, Inc. to 8/22/2011. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 07/19/2011)
7/18/2011 20 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Best Western International, Inc..( Lovett, Mary-Olga) (Entered: 07/18/2011)
7/18/2011 19 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Stanley, Black & Decker, Inc..( Greene, Sarah) (Entered: 07/18/2011)
7/18/2011 18 NOTICE of Attorney Appearance by Sarah R Greene on behalf of Stanley, Black & Decker, Inc. (Greene, Sarah) (Entered: 07/18/2011)
7/18/2011 17 E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. Sam's West, Inc. served on 7/13/2011, answer due 8/3/2011; The Teaching Company, LLC served on 7/11/2011, answer due 8/1/2011. (Attachments: # 1 Sam's West Inc, # 2 The Container Store)(ehs, ) (Entered: 07/18/2011)
7/18/2011 16 E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. CVS Caremark Corporation served on 7/1/2011 by CM RRR through Registered Agent The Corporation Trust Co, answer due 7/22/2011. (ehs, ) (Entered: 07/18/2011)
7/18/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for The Container Store, Inc. to 9/2/2011. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 07/18/2011)
7/18/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Vegas.com, LLC to 8/22/2011. First Days Granted for Deadline Extension.( ch, ) (Entered: 07/18/2011)
7/18/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for BBY Solutions, Inc. to 8/22/2011. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 07/18/2011)
7/18/2011 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for adidas America, Inc. to 8/22/2011. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 07/18/2011)
7/15/2011 15 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re The Container Store, Inc..( Kennerly, Christopher) (Entered: 07/15/2011)
7/15/2011 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Vegas.com, LLC.( Kennerly, Christopher) (Entered: 07/15/2011)
7/15/2011 13 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BBY Solutions, Inc.( Low, John) (Entered: 07/15/2011)
7/15/2011 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re adidas America, Inc.( Low, John) (Entered: 07/15/2011)
7/11/2011 11 E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. Best Western International, Inc. served on 7/1/2011 by CM RRR on Registered Agent Prentice Hall Corp System, answer due 7/22/2011. (ehs, ) (Entered: 07/11/2011)
7/8/2011 10 E-GOV SEALED SUMMONS Issued as to Best Western International, Inc., (Attachments: # 1 The Container Store Inc)(ch, ) (Entered: 07/08/2011)
7/8/2011 9 E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. BBY Solutions, Inc. served on 6/30/2011, answer due 7/21/2011; Stanley, Black & Decker, Inc. served on 6/30/2011, answer due 7/21/2011; The Container Store, Inc. served on 6/30/2011, answer due 7/21/2011; Vegas.com, LLC served on 6/30/2011, answer due 7/21/2011; adidas America, Inc. served on 6/30/2011, answer due 7/21/2011. (Attachments: # 1 BBY Solutions, # 2 Stanley, Black & Decker, # 3 The Container Store, # 4 Vegas.com)(ehs, ) (Entered: 07/08/2011)
7/1/2011 8 E-GOV SEALED SUMMONS Issued as to The Teaching Company, LLC. (Brandon Hidalgo) (ch, ) (Entered: 07/01/2011)
6/22/2011 7 APPLICATION to Appear Pro Hac Vice by Attorney Christopher M Huck for Lodsys, LLC. (APPROVED FEE PAID) 2-587 (ch, ) (Entered: 06/22/2011)
6/22/2011 6 APPLICATION to Appear Pro Hac Vice by Attorney Michael A Goldfarb for Lodsys, LLC. (APPROVED FEE PAID) 2-587 (ch, ) (Entered: 06/22/2011)
6/14/2011 5 E-GOV SEALED SUMMONS Issued as to BBY Solutions, Inc., Best Western International, Inc., CVS Caremark Corporation, Sam's West, Inc., Stanley, Black & Decker, Inc., The Container Store, Inc., The Teaching Company, LLC, Vegas.com, LLC, Vitamin Shoppe, Inc., adidas America, Inc.. (Attachments: # 1 BBY, # 2 Best Western, # 3 CVS, # 4 Sam's West, # 5 Stanley, # 6 Container Store, # 7 Teaching Co, # 8 Vegas.com, # 9 Vitamin Shoppe)(ehs, ) (Entered: 06/14/2011)
6/14/2011 4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Davis, William) (Entered: 06/14/2011)
6/14/2011 3 CORPORATE DISCLOSURE STATEMENT filed by Lodsys, LLC identifying Corporate Parent Lodsys Holdings, LLC for Lodsys, LLC. (Davis, William) (Entered: 06/14/2011)
6/13/2011 2 ORDER REFERRING CASE to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 6/13/2011. (ch, ) (Entered: 06/13/2011)
6/13/2011 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available here by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 06/13/2011)
6/13/2011 Case assigned to Judge T. John Ward. (ch, ) (Entered: 06/13/2011)
6/10/2011 1
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