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Case number 2021-2316

Blue Gentian, LLC v. Tristar Products, Inc. > Documents

Date Field Doc. No.Description (Pages)
Jul 17, 2023 74 Mandate issued to the United States District Court for the District of New Jersey. Service as of this date by the Clerk of Court. [936547] [21-2316, 21-2317] [MVH] [Entered: 07/17/2023 09:57 AM] (1)
Jun 11, 2023 0 BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC. [OPINION] [precedential] (0)
Jun 9, 2023 72 OPINION filed for the court by Prost, Circuit Judge; Chen, Circuit Judge and Stark, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [928879] [21-2316, 21-2317] [MVH] [Entered: 06/09/2023 09:00 AM] (23)
Jun 9, 2023 73 JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [928880] [21-2316, 21-2317] [MVH] [Entered: 06/09/2023 09:01 AM] (1)
Apr 13, 2023 71 Corrected Entry of Appearance for J. Steven Baughman; Megan Raymond; Saurabh Gupta as counsel for Appellee Tristar Products, Inc.. Service: 04/13/2023 by email. [916621] [21-2316] [Saurabh Gupta] [Entered: 04/13/2023 03:20 PM] (2)
Apr 13, 2023 70 Notice to Appellee Tristar Products, Inc.: The record of this case indicates that no amended Entry of Appearance under FCR 47.3(b) has been filed for Saurabh Gupta. Counsel's contact information must be up to date. Counsel must update that information through the PACER Service Center and file an amended entry of appearance Fed. Cir. R. 25(a)(5). Failure to file required documents may result in adverse action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [916486] [MVH] [Entered: 04/13/2023 10:18 AM] (0)
Apr 6, 2023 69 Submitted after ORAL ARGUMENT to Panel: Prost, Circuit Judge; Chen, Circuit Judge and Stark, Circuit Judge.Arguing counsel: Michael Hawes for Telebrands Corporation and Megan Freeland Raymond for Tristar Products, Inc.Oral Argument Audio available here. [914979] [MJL] [Entered: 04/06/2023 01:46 PM] (0)
Apr 5, 2023 68 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [62], ERROR: The contact information on the entry of appearance for Saurabh Gupta does not match the contact information in the user's Pacer account. CORRECTION: Counsel's contact information must be up to date. Counsel must update that information through the PACER Service Center and file an amended entry of appearance Fed. Cir. R. 25(a)(5). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [914724] [MVH] [Entered: 04/05/2023 03:46 PM] (0)
Mar 13, 2023 67 Corrected Response to notice of oral argument from Appellant Telebrands Corporation. Service: 03/13/2023 by email. [909414] [21-2316] [Michael Hawes] [Entered: 03/13/2023 10:50 AM] (1)
Mar 6, 2023 66 Response to notice of oral argument from Appellants Blue Gentian, LLC and National Express, Inc.. Service: 03/06/2023 by email. [908020] [21-2316] [Andrew Lockton] [Entered: 03/06/2023 03:37 PM] (1)
Feb 27, 2023 65 Response to notice of oral argument from Appellee Tristar Products, Inc.. Service: 02/27/2023 by email. [906576] [21-2316] [Megan Raymond] [Entered: 02/27/2023 03:39 PM] (1)
Feb 25, 2023 64 Response to notice of oral argument from Appellant Telebrands Corporation. Service: 02/25/2023 by email. [906296] [21-2316] [Michael Hawes] [Entered: 02/25/2023 10:50 AM] (1)
Feb 21, 2023 63 NOTICE OF ORAL ARGUMENT. Panel: 2304G. Case scheduled April 6, 2023. Response to Notice of Oral Argument due: 03/07/2023. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [905291] [JCP] [Entered: 02/21/2023 04:40 PM] (2)
Jan 3, 2023 62 Corrected Entry of Appearance for J. Steven Baughman; Megan Raymond; Saurabh Gupta as counsel for Appellee Tristar Products, Inc.. Service: 01/03/2023 by email. [894299] [21-2316] [Saurabh Gupta] [Entered: 01/03/2023 05:06 PM] (2)
Jan 3, 2023 61 NOTICE OF NON-COMPLIANCE: The submission of Appellee Tristar Products, Inc., Corrected Entry of appearance [60], is not in compliance with the rules of this court (see attached). Compliant document due on 01/10/2023. Service as of this date by the Clerk of Court. [894209] [EKD] [Entered: 01/03/2023 02:24 PM] (1)
Dec 28, 2022 60 Corrected Entry of Appearance for J. Steven Baughman; Megan Raymond; Saurabh Gupta as counsel for Appellee Tristar Products, Inc.. Service: 12/28/2022 by email. [893425] [21-2316] This document is non-compliant. See Doc No. [61] [Saurabh Gupta] [Entered: 12/28/2022 04:36 PM] (2)
Dec 20, 2022 59 NOTICE OF NON-COMPLIANCE: The submission of Appellee Tristar Products, Inc., Amended Entry of appearance [57], is not in compliance with the rules of this court (see attached). Compliant document due on 12/28/2022. Service as of this date by the Clerk of Court. [891774] [EKD] [Entered: 12/20/2022 11:04 AM] (1)
Dec 16, 2022 58 Amended Certificate of Interest for Appellee Tristar Products, Inc.. Service: 12/16/2022 by email. [891285] [21-2316] [Saurabh Gupta] [Entered: 12/16/2022 06:07 PM] (3)
Dec 16, 2022 57 Amended Entry of Appearance for J. Steven Baughman; Megan Raymond; Saurabh Gupta as counsel for Appellee Tristar Products, Inc.. Service: 12/16/2022 by email. [891284] [21-2316] This document is non-compliant. See Doc No. [59] [Saurabh Gupta] [Entered: 12/16/2022 06:05 PM] (2)
Sep 27, 2022 56 The following conflict dates submitted by Megan Freeland Raymond for Tristar Products, Inc. have been accepted by the court: 01/10/2023, 01/11/2023, 01/12/2023. [874076] [MJL] [Entered: 09/27/2022 09:21 AM] (0)
Sep 26, 2022 54 Notice from Appellee Tristar Products, Inc. regarding conflicts with oral argument. Service: 09/26/2022 by email. [874039] [21-2316] [Megan Raymond] [Entered: 09/26/2022 06:34 PM] (3)
Sep 26, 2022 55 6 paper copies of Doc. No. [50] received from Appellants Blue Gentian, LLC, National Express, Inc. and Telebrands Corporation. [874074] [VDW] [Entered: 09/27/2022 09:19 AM] (0)
Sep 22, 2022 53 Supplementary Media Appendix received on CD-ROM from Blue Gentian, LLC, National Express, Inc. and Telebrands Corporation. Number of copies: 4. [873567] [VDW] [Entered: 09/23/2022 09:21 AM] (0)
Sep 22, 2022 52 6 paper copies of Doc. No. [40] received from Appellee Tristar Products, Inc.. [873499] [VDW] [Entered: 09/22/2022 04:13 PM] (0)
Sep 22, 2022 51 6 paper copies of Doc. No. [45], [43] received from Appellants Blue Gentian, LLC, National Express, Inc. and Telebrands Corporation. [873493] [VDW] [Entered: 09/22/2022 03:56 PM] (0)
Sep 21, 2022 50 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Blue Gentian, LLC, National Express, Inc., and Telebrands Corporation. Service: 09/21/2022 by email. [872970]--[Edited 09/23/2022 by EKD - compliance review complete] Paper copies of the corrected opening brief must be submitted within five business days from the date of issuance of this notice. [Michael Hawes] [Entered: 09/21/2022 10:15 AM] (254)
Sep 21, 2022 49 Notice of Correction to Doc No. [34] for Appellants Blue Gentian, LLC, National Express, Inc. and Telebrands Corporation. Service: 09/21/2022 by email. [872967] [21-2316] [Michael Hawes] [Entered: 09/21/2022 10:09 AM] (8)
Sep 20, 2022 48 Notice from Appellants Blue Gentian, LLC, National Express, Inc. and Telebrands Corporation regarding conflicts with oral argument. None. Service: 09/20/2022 by email. [872883] [21-2316] [Michael Hawes] [Entered: 09/20/2022 04:55 PM] (2)
Sep 20, 2022 47 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [872838] [EKD] [Entered: 09/20/2022 04:06 PM] (1)
Sep 20, 2022 46 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [872837] [EKD] [Entered: 09/20/2022 04:06 PM] (0)
Sep 15, 2022 45 MODIFIED ENTRY: APPENDIX FILED by Appellants Blue Gentian, LLC, National Express, Inc., Telebrands Corporation and Appellee Tristar Products, Inc. Service: 09/15/2022 by email. [872117] --[Edited 09/20/2022 by EKD - compliance review complete] [Michael Hawes] [Entered: 09/15/2022 07:36 PM] (1252)
Sep 15, 2022 44 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Telebrands Corporation. Service: 09/15/2022 by email. [871867] [21-2316] [Michael Hawes] [Entered: 09/15/2022 09:18 AM] (4)
Sep 14, 2022 43 MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellants Blue Gentian, LLC, National Express, Inc., and Telebrands Corporation. Service: 09/14/2022 by email. [871672]--[Edited 09/16/2022 by EKD - compliance review complete] [Michael Hawes] [Entered: 09/14/2022 11:06 AM] (39)
Sep 14, 2022 42 Notice of Correction to Doc No. [41] for Appellant Telebrands Corporation. Service: 09/14/2022 by email. [871669] [21-2316] [Michael Hawes] [Entered: 09/14/2022 11:03 AM] (8)
Sep 8, 2022 41 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Telebrands Corporation. Service: 09/08/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [870789] --[Edited 09/14/2022 by EKD - compliance review complete] This document has been corrected. See Doc No. [43] [Michael Hawes] [Entered: 09/08/2022 04:53 PM] (38)
Sep 7, 2022 40 MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Appellee Tristar Products, Inc. Service: 09/07/2022 by email. [870357]--[Edited 09/12/2022 by EKD - compliance review complete] [Jon Baughman] [Entered: 09/07/2022 01:39 PM] (79)
Sep 7, 2022 39 Notice of Correction to Doc No. [36] for Appellee Tristar Products, Inc.. Service: 09/07/2022 by email. [870356] [21-2316] [Jon Baughman] [Entered: 09/07/2022 01:38 PM] (4)
Aug 16, 2022 38 **TEXT ONLY** ORDER granting motion to extend time to file brief [37] filed by Appellant Telebrands Corporation. The reply brief is due 09/08/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [866737] [EKD] [Entered: 08/16/2022 10:50 AM] (0)
Aug 15, 2022 37 MOTION of Appellant Telebrands Corporation to extend the time to 09/08/2022 to file brief. Service: 08/15/2022 by email. [866486] [21-2316] [Michael Hawes] [Entered: 08/15/2022 09:18 AM] (9)
Aug 4, 2022 36 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Tristar Products, Inc.. Service: 08/04/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [864948] --[Edited 08/05/2022 by JCW - compliance review complete] [Jon Baughman] [Entered: 08/04/2022 04:31 PM] (79)
Jul 11, 2022 35 Notice of Correction to Doc No. [34] for Appellant Telebrands Corporation. Service: 07/11/2022 by email. [860265] [21-2316] [Michael Hawes] [Entered: 07/11/2022 03:39 PM] (7)
Jul 11, 2022 34 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Telebrands Corporation. Service: 07/11/2022 by email. [860264]--[Edited 07/11/2022 by JCW - compliance review complete] [Michael Hawes] [Entered: 07/11/2022 03:35 PM] (253)
Jun 17, 2022 33 ORDER ECF No. 32 is accepted for filing. The Clerk of Court shall transmit a copy of this order and the notice to the merits panel assigned to these appeals. Service as of this date by the Clerk of Court. [856230] [LMS] [Entered: 06/17/2022 02:22 PM] (2)
Jun 9, 2022 32 RESPONSE of Appellants Blue Gentian, LLC and National Express, Inc. to Doc. No. [31]. Service: 06/09/2022 by email. [854755] [21-2316] [Andrew Lockton] [Entered: 06/09/2022 03:40 PM] (5)
Jun 7, 2022 31 ORDER The official caption is revised as reflected above to indicate that Blue Gentian and National Express are plaintiffs-appellants. Within three days from the date of filing of this order, Blue Gentian and National Express are directed to inform the court whether they join the opening brief filed by Telebrands. (see order for details) Service as of this date by the Clerk of Court. [854116] [LMS] [Entered: 06/07/2022 03:52 PM] (2)
Jun 6, 2022 30 Corrected Entry of appearance for Andrew D. Lockton; Edward F. McHale as counsel for Blue Gentian, LLC; National Express, Inc.. Service: 06/06/2022 by email. [853828] [21-2316] [Andrew Lockton] [Entered: 06/06/2022 03:24 PM] (1)
Jun 6, 2022 29 NOTICE OF NON-COMPLIANCE: The submission of Appellant Telebrands Corporation, Entry of Appearance [27], is not in compliance with the rules of this court (see attached). Compliant document due on 06/13/2022. Service as of this date by the Clerk of Court. [853689] [JCW] [Entered: 06/06/2022 11:16 AM] (1)
Jun 6, 2022 28 **TEXT ONLY** ORDER granting motion to extend time to file brief [26] filed by Appellee Tristar Products, Inc. The response brief is due 08/04/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [853684] [JCW] [Entered: 06/06/2022 11:13 AM] (0)
Jun 3, 2022 27 Entry of appearance for Andrew D. Lockton; Edward F. McHale as counsel for Blue Gentian, LLC; National Express, Inc.. Service: 06/03/2022 by email. [853518] [21-2316] This document is non-compliant. See Doc No.[29] [Andrew Lockton] [Entered: 06/03/2022 03:51 PM] (2)
Jun 3, 2022 26 MOTION of Appellee Tristar Products, Inc. to extend the time to 08/04/2022 to file brief. Service: 06/03/2022 by email. [853510] [21-2316] [Jon Baughman] [Entered: 06/03/2022 03:33 PM] (9)
May 26, 2022 25 ORDER The mandate is recalled, and the appeals are reinstated. Tristar Products, Inc.'s response brief is due no later than 40 days from the date of filing of this order. Counsel for Blue Gentian and National Express should promptly enter an appearance if Blue Gentian and National Express intend to participate in these appeals. Service as of this date by the Clerk of Court. [852151] [21-2316, 21-2317] [LMS] [Entered: 05/26/2022 12:40 PM] (2)
May 9, 2022 24 Amended Notice of Appeal for Blue Gentian, LLC, National Express, Inc., and Telebrands Corporation. Service: 05/03/2022 by email. [848381] [JCW] [Entered: 05/09/2022 09:20 AM] (155)
Mar 9, 2022 23 ORDER filed granting motion for other relief [17] to the extent that the appeals are dismissed for lack of jurisdiction, subject, however, to reinstatement under the same docket numbers without the payment of any additional filing fee if, within 60 days of this order, Telebrands appeals from the entry of a final judgment on the entire case or obtains a certificate for appeal pursuant to Rule 54(b). The mandate shall issue simultaneously with this order. Each side shall bear its own costs.; issuing mandate; Service as of this date by the Clerk of Court. [835653] [21-2316, 21-2317] Mandate has been recalled pursuant to the court's order [25] [LMS] [Entered: 03/09/2022 09:14 AM] (3)
Jan 5, 2022 22 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Telebrands Corporation. Service: 01/05/2022 by email. [822758]--[Edited 01/05/2022 by JCW - compliance review complete] This document has been corrected. See Doc No.[34] [Michael Hawes] [Entered: 01/05/2022 10:19 AM] (253)
Jan 5, 2022 21 NOTICE OF NON-COMPLIANCE: The submission of Appellant Telebrands Corporation, Opening Brief [18], is not in compliance with the rules of this court (see attached). Compliant document due on 01/12/2022. Service as of this date by the Clerk of Court. [822717] [JCW] [Entered: 01/05/2022 09:17 AM] (1)
Dec 23, 2021 20 REPLY of Appellee Tristar Products, Inc. to response [19]. Service: 12/23/2021 by email. [820996] [21-2316] [Jon Baughman] [Entered: 12/23/2021 01:23 PM] (64)
Dec 20, 2021 19 RESPONSE of Appellant Telebrands Corporation to Doc No. [17]. Service: 12/20/2021 by email. [819922] [21-2316] [Michael Hawes] [Entered: 12/20/2021 03:06 PM] (16)
Dec 15, 2021 18 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Telebrands Corporation. Service: 12/15/2021 by email. See Fed. Cir. R. 31. [818969] --[Edited 12/15/2021 by JCW - compliance review complete]--[Edited 12/30/2021 by EKD to correct docket text] This document is non-compliant. See Doc No.[21] [Michael Hawes] [Entered: 12/15/2021 03:53 PM] (253)
Dec 14, 2021 17 MOTION of Appellee Tristar Products, Inc. Dismiss for Lack of Jurisdiction Resulting from Absence of a Final Judgment. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). Service: 12/14/2021 by email. [818640] [21-2316]--[Edited 12/30/2021 by EKD to correct docket text] [Jon Baughman] [Entered: 12/14/2021 05:11 PM] (358)
Oct 25, 2021 16 Entry of appearance for Andrew Lockton; Edward McHale as counsel for Appellant Telebrands Corporation. Service: 10/25/2021 by email. [808081] [21-2316] [Andrew Lockton] [Entered: 10/25/2021 05:31 PM] (2)
Oct 25, 2021 15 ORDER granting [12] [14] the motions. The revised official caption is reflected above. Telebrands' opening brief is due no later than December 15, 2021. Service as of this date by the Clerk of Court. [807954] [LMS] [Entered: 10/25/2021 01:10 PM] (2)
Oct 21, 2021 14 MOTION of Appellant Telebrands Corporation to extend the time to 12/15/2021 to file brief. Service: 10/21/2021 by email. [807311] [21-2316] [Michael Hawes] [Entered: 10/21/2021 01:33 PM] (12)
Oct 13, 2021 13 Entry of appearance for Lori Ding as counsel for Appellant Telebrands Corporation. Service: 10/13/2021 by email. [805360] [21-2316] [Lori Ding] [Entered: 10/13/2021 02:18 PM] (1)
Oct 13, 2021 12 MOTION of Appellants Blue Gentian, LLC and National Express, Inc. to withdraw party, Blue Gentian, LLC and National Express, Inc., as a party to this appeal. Service: 10/13/2021 by email. [805293] [21-2316] [Andrew Lockton] [Entered: 10/13/2021 12:29 PM] (8)
Oct 11, 2021 11 Entry of appearance for Michael Hawes as counsel for Appellant Telebrands Corporation. Service: 10/11/2021 by email. [804734] [21-2316] [Michael Hawes] [Entered: 10/11/2021 12:27 PM] (2)
Oct 8, 2021 10 Notice to Appellants Blue Gentian, LLC and National Express, Inc.: The record of this case indicates that no Entry of Appearance under FCR 47.3(b), Certificate of Interest under FCR 47.4, and/or Docketing Statement under FCR 33.1(a) has been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [804658] [JCW] [Entered: 10/08/2021 03:40 PM] (0)
Sep 30, 2021 9 Docketing Statement for the Appellant Telebrands Corporation. Service: 09/30/2021 by email. [802982] [21-2316] [David Stone] [Entered: 09/30/2021 07:50 PM] (4)
Sep 30, 2021 8 Certificate of Interest for Appellant Telebrands Corporation. Service: 09/30/2021 by email. [802981] [21-2316] [David Stone] [Entered: 09/30/2021 07:47 PM] (4)
Sep 30, 2021 7 Entry of appearance for David S. Stone, Esq. as counsel for Appellant Telebrands Corporation. Service: 09/30/2021 by email. [802977] [21-2316] [David Stone] [Entered: 09/30/2021 07:45 PM] (1)
Sep 30, 2021 6 Docketing Statement for the Appellee Tristar Products, Inc.. Service: 09/30/2021 by email. [802881] [21-2316] [Jon Baughman] [Entered: 09/30/2021 02:50 PM] (5)
Sep 30, 2021 5 Certificate of Interest for Appellee Tristar Products, Inc.. Service: 09/30/2021 by email. [802880] [21-2316] [Jon Baughman] [Entered: 09/30/2021 02:48 PM] (3)
Sep 30, 2021 4 Entry of appearance for J. Steven Baughman; Megan Raymond; Saurabh Gupta as counsel for Appellee Tristar Products, Inc.. Service: 09/30/2021 by email. [802879] [21-2316] [Jon Baughman] [Entered: 09/30/2021 02:47 PM] (2)
Sep 22, 2021 3 Note to File: The following cases are consolidated: 21-2316 Lead with 21-2317 Member Case. The parties must file all documents in the lead appeal only. [801172] [21-2316, 21-2317] [JCW] [Entered: 09/22/2021 04:05 PM] (0)
Sep 22, 2021 2 ORDER consolidating appeals (21-2316, 21-2317). Appellants' opening briefs are due no later than November 15, 2021. Service as of this date by the Clerk of Court. [801170] [21-2316, 21-2317] [JCW] [Entered: 09/22/2021 04:04 PM] (2)
Sep 16, 2021 1 Appeal docketed. Received: 09/14/2021. [799892]Entry of Appearance is due on 09/30/2021. Certificate of Interest is due on 09/30/2021. Docketing Statement is due on 09/30/2021. Appellants' brief is due on 11/15/2021. [JCW] [Entered: 09/16/2021 09:42 AM] (128)
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