Case number 2019-2206
Caterpillar Inc. v. Wirtgen America, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 23, 2021 | 0 | CATERPILLAR INC. v. WIRTGEN AMERICA, INC. [RULE 36 JUDGMENT] [nonprecedential] (0) |
| Mar 29, 2021 | 73 | Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [765387] [JCP] [Entered: 03/29/2021 01:43 PM] (0) |
| Feb 3, 2021 | 72 | JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. 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. [753576] [JCP] [Entered: 02/03/2021 09:32 AM] (0) |
| Feb 1, 2021 | 71 | Submitted after ORAL ARGUMENT to Panel: O'Malley, Circuit Judge; Mayer, Circuit Judge and Taranto, Circuit Judge.Arguing counsel: Mr. David Mroz for Caterpillar Inc. and Mr. Ryan D. Levy for Wirtgen America, Inc..Oral Argument Audio available here. [753067] [JCP] [Entered: 02/01/2021 01:41 PM] (0) |
| Jan 22, 2021 | 70 | Official caption revised to reflect Andrew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, as intervenor (see attached). Service as of this date by the Clerk of Court. [751124] [JAL] [Entered: 01/22/2021 02:49 PM] (0) |
| Jan 15, 2021 | 68 | Clerk's letter to Appellant Caterpillar Inc., Appellee Wirtgen America, Inc. and Intervenor Andrei Iancu regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [749768] [JAB] [Entered: 01/15/2021 01:41 PM] (0) |
| Jan 15, 2021 | 69 | Response to notice of oral argument from Appellant Caterpillar Inc.. Service: 01/15/2021 by email. [749773] [19-2206] [James Barney] [Entered: 01/15/2021 01:49 PM] (0) |
| Jan 14, 2021 | 67 | Response to notice of oral argument from Appellee Wirtgen America, Inc.. Service: 01/14/2021 by email. [749506] [19-2206] [Ryan Levy] [Entered: 01/14/2021 01:12 PM] (0) |
| Dec 18, 2020 | 66 | NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2102C. Case scheduled February 1, 2021. Response to Notice of Oral Argument due: 01/15/2021. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. 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. [743920] [JAB] [Entered: 12/18/2020 02:52 PM] (0) |
| Dec 10, 2020 | 65 | 6 paper copies of Doc. No. [48] received from Appellee Wirtgen America, Inc.. [742007] [VDW] [Entered: 12/11/2020 10:04 AM] (0) |
| Dec 10, 2020 | 63 | Notice from Appellee Wirtgen America, Inc. regarding conflicts with oral argument. None. Service: 12/10/2020 by email. [741729] [19-2206] [Ryan Levy] [Entered: 12/10/2020 10:17 AM] (0) |
| Dec 10, 2020 | 64 | 6 paper copies of Doc. No. [46], [50], [57] received from Appellant Caterpillar Inc.. [742006] [VDW] [Entered: 12/11/2020 10:03 AM] (0) |
| Dec 8, 2020 | 62 | The following conflict dates submitted by James R. Barney for Caterpillar Inc. have been accepted by the court: 02/04/2021, 02/05/2021, 03/01/2021, 03/02/2021, 03/03/2021, 03/04/2021, 03/05/2021. [741173] [JAB] [Entered: 12/08/2020 03:37 PM] (0) |
| Dec 8, 2020 | 61 | Notice from Appellant Caterpillar Inc. regarding conflicts with oral argument. Service: 12/08/2020 by email. [741128] [19-2206] [James Barney] [Entered: 12/08/2020 02:22 PM] (3) |
| Dec 3, 2020 | 60 | Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before December 10, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [740056] [LMN] [Entered: 12/03/2020 02:44 PM] (0) |
| Dec 3, 2020 | 59 | 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. [740054] [LMN] [Entered: 12/03/2020 02:40 PM] (1) |
| Jun 3, 2020 | 58 | MODIFIED ENTRY: CORRECTED APPENDIX FILED for Caterpillar Inc. Number of Pages: 881. Service: 06/03/2020 by email. [699083] --[Edited 07/17/2020 by LMN - compliance review complete] [James Barney] [Entered: 06/03/2020 11:48 PM] (881) |
| Jun 3, 2020 | 57 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED for Caterpillar Inc. Number of Pages: 881. Service: 06/03/2020 by email. [699080]--[Edited 07/17/2020 by LMN - compliance review complete] [James Barney] [Entered: 06/03/2020 10:52 PM] (0) |
| Jun 3, 2020 | 56 | Notice of Correction to Doc No. for Appellant Caterpillar Inc.. Service: 06/03/2020 by email. [699079] [19-2206] [James Barney] [Entered: 06/03/2020 10:48 PM] (2) |
| May 27, 2020 | 55 | NOTICE OF NON-COMPLIANCE: The submissions of Appellant Caterpillar Inc., Appendix (Confidential and Non-Confidential) [51], [52], [53], are not in compliance with the rules of this court (see attached). Compliant documents due on 06/03/2020. Service as of this date by the Clerk of Court. [697212] [JAL] [Entered: 05/27/2020 01:44 PM] (2) |
| May 21, 2020 | 54 | Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellant Caterpillar Inc.. Service: 05/20/2020 by email. [696047] [19-2206] [James Barney] [Entered: 05/21/2020 12:06 AM] (2) |
| May 21, 2020 | 53 | FILED from Appellant Caterpillar Inc.. Title: APPENDIX. Service: 05/20/2020 by email. . This document has been corrected. See doc. [58] [696046] [19-2206] This document is non-compliant. See Doc. No.[55]--[Edited 07/17/2020 by LMN] [James Barney] [Entered: 05/21/2020 12:04 AM] (839) |
| May 20, 2020 | 52 | FILED from Appellant Caterpillar Inc.. Title: CONFIDENTIAL APPENDIX. Service: 05/20/2020 by email. This document has been corrected. See doc. [57] [696045] [19-2206] This document is non-compliant. See Doc. No.[55]--[Edited 07/17/2020 by LMN] [James Barney] [Entered: 05/20/2020 11:59 PM] (0) |
| May 20, 2020 | 51 | FILED from Appellant Caterpillar Inc. Title: CONFIDENTIAL APPENDIX. Service: 05/20/2020 by email. This document has been corrected. See doc. [57] [696042] [19-2206] This document is non-compliant. See Doc. No.[55]--[Edited 07/17/2020 by LMN] [James Barney] [Entered: 05/20/2020 11:16 PM] (0) |
| May 13, 2020 | 50 | MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Caterpillar Inc. Number of Pages: 32. Service: 05/13/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [694391] --[Edited 05/26/2020 by JAL - Compliance review complete] [James Barney] [Entered: 05/13/2020 10:47 PM] (38) |
| Apr 22, 2020 | 48 | MODIFIED ENTRY: BRIEF FILED for Appellee Wirtgen America, Inc.. Number of Pages: 57. Service: 04/22/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [689320] --[Edited 04/24/2020 by LMN - compliance review complete] [Ryan Levy] [Entered: 04/22/2020 05:54 PM] (57) |
| Apr 22, 2020 | 49 | Amended Certificate of Interest for Appellee Wirtgen America, Inc.. Service: 04/22/2020 by email. [689324] [19-2206] [Ryan Levy] [Entered: 04/22/2020 05:56 PM] (2) |
| Apr 21, 2020 | 47 | Letter from Intervenor Iancu Letter Re - Non Participation. Service: 04/21/2020 by email. [688692] [19-2206] [Mai-Trang Dang] [Entered: 04/21/2020 12:47 PM] (3) |
| Apr 3, 2020 | 46 | MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Caterpillar Inc. Number of Pages: 50. Service: 04/03/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief. See Fed. Cir. R. 31. [684086] --[Edited 04/06/2020 by JAL - Compliance review complete] [James Barney] [Entered: 04/03/2020 03:18 PM] (104) |
| Apr 3, 2020 | 45 | NOTICE OF NON-COMPLIANCE: The submission of Appellant Caterpillar Inc., Corrected Opening Brief [44], is not in compliance with the rules of this court (see attached). Compliant document is due on 04/10/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [684031] [JAL] [Entered: 04/03/2020 01:27 PM] (2) |
| Apr 1, 2020 | 44 | FILED from Appellant Caterpillar Inc.. Title: CORRECTED OPENING BRIEF. Service: 04/01/2020 by email. [683550] [19-2206] This document is non-compliant. See Doc No.[45] [James Barney] [Entered: 04/01/2020 04:07 PM] (105) |
| Mar 26, 2020 | 43 | NOTICE OF NON-COMPLIANCE: The submissions of Appellant Caterpillar Inc., Opening Brief and Confidential Opening Brief [41], [42], are not in compliance with the rules of this court (see attached). Compliant documents are due on 04/02/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [681956] [JAL] [Entered: 03/26/2020 11:11 AM] (2) |
| Mar 13, 2020 | 42 | FILED from Appellant Caterpillar Inc. Title: CONFIDENTIAL OPENING BRIEF. Service: 03/13/2020 by email. [678829] [19-2206] This document is non-compliant. See Doc No.[43] [James Barney] [Entered: 03/13/2020 10:18 PM] (0) |
| Mar 13, 2020 | 41 | FILED from Appellant Caterpillar Inc. Title: OPENING BRIEF. Service: 03/13/2020 by email. [678828] [19-2206] This document is non-compliant. See Doc No.[43] [James Barney] [Entered: 03/13/2020 10:16 PM] (105) |
| Mar 2, 2020 | 40 | Docketing Statement for the Intervenor Iancu. Service: 03/02/2020 by email. [675582] [19-2206] [Mai-Trang Dang] [Entered: 03/02/2020 03:37 PM] (3) |
| Feb 6, 2020 | 39 | ORDER granting motion [38] to extend time. Caterpillar's opening brief is due no later than March 13, 2020. No further extensions should be anticipated. Service as of this date by the Clerk of Court. [669067] [LMS] [Entered: 02/06/2020 03:15 PM] (2) |
| Feb 5, 2020 | 38 | MOTION of Appellant Caterpillar Inc. to extend the time to 03/13/2020 [Consent: partial consent]. Service: 02/05/2020 by email. [668535] [19-2206] [James Barney] [Entered: 02/05/2020 10:17 AM] (8) |
| Jan 29, 2020 | 37 | ORDER filed modifying the official caption. The Director of the United States Patent and Trademark Office is added as an intervenor. The revised official caption is reflected above. The motion [22] is denied. The opening brief is due within 30 days. Service as of this date by the Clerk of Court. [667029] [LMS] [Entered: 01/29/2020 03:09 PM] (2) |
| Jan 10, 2020 | 36 | ORDER denying as moot motion to extend time to file other [32] filed by Appellant. Service as of this date by the Clerk of Court. [662234] [NL] [Entered: 01/10/2020 01:57 PM] (2) |
| Jan 3, 2020 | 35 | REPLY of Appellant Caterpillar Inc. to response [31], response [30]. Service: 01/03/2020 by email. [660753] [19-2206] [James Barney] [Entered: 01/03/2020 05:05 PM] (11) |
| Jan 2, 2020 | 34 | Note to file: 19-2294 (COMPANION started 01/02/2020) with 19-2206. These cases shall be considered companion cases and assigned to the same merits panel for oral argument. [660121] [19-2206, 19-2294] [MMA] [Entered: 01/02/2020 12:43 PM] (0) |
| Dec 30, 2019 | 32 | MOTION of Appellant Caterpillar Inc. to extend the time to 01/10/2020 to file Response/Reply [Consent: unopposed]. Service: 12/30/2019 by email. [659399] [19-2206] [James Barney] [Entered: 12/30/2019 01:04 PM] (8) |
| Dec 30, 2019 | 33 | Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 12/30/2019 by email. [659480] [19-2206] [Mai-Trang Dang] [Entered: 12/30/2019 02:45 PM] (3) |
| Dec 27, 2019 | 28 | Entry of appearance for Thomas W. Krause as of counsel for Director - United States Patent and Trademark Office. Service: 12/27/2019 by email. [659101] [19-2206] [Thomas Krause] [Entered: 12/27/2019 02:43 PM] (2) |
| Dec 27, 2019 | 31 | RESPONSE of Appellee Wirtgen America, Inc. to the motion [22] filed by Appellant Caterpillar Inc.. Service: 12/27/2019 by email. [659156] [19-2206] [Ryan Levy] [Entered: 12/27/2019 04:41 PM] (16) |
| Dec 27, 2019 | 30 | RESPONSE from Director - United States Patent and Trademark Office to the motion [22] filed by Appellant Caterpillar Inc.. Service: 12/27/2019 by email. [659103] [19-2206] [Mai-Trang Dang] [Entered: 12/27/2019 02:48 PM] (10) |
| Dec 27, 2019 | 29 | Entry of appearance for Farheena Y. Rasheed as of counsel for Director - United States Patent and Trademark Office. Service: 12/27/2019 by email. [659102] [19-2206] [Farheena Rasheed] [Entered: 12/27/2019 02:45 PM] (2) |
| Dec 27, 2019 | 27 | Entry of appearance for Mai-Trang D. Dang as principal counsel for Director - United States Patent and Trademark Office. Service: 12/27/2019 by email. [659099] [19-2206] [Mai-Trang Dang] [Entered: 12/27/2019 02:40 PM] (2) |
| Dec 27, 2019 | 26 | Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 12/27/2019 by email. [659097] [19-2206] [Mai-Trang Dang] [Entered: 12/27/2019 02:37 PM] (3) |
| Dec 3, 2019 | 25 | ORDER granting motion to extend time [24] filed by Appellee Wirtgen America, Inc. Service as of this date by the Clerk of Court. [653445] [LMS] [Entered: 12/03/2019 08:59 AM] (2) |
| Nov 21, 2019 | 24 | MOTION of Appellee Wirtgen America, Inc. to extend the time to 12/27/2019 to file Response/Reply [Consent: unopposed]. Service: 11/21/2019 by email. [651479] [19-2206] [Ryan Levy] [Entered: 11/21/2019 05:29 PM] (14) |
| Nov 20, 2019 | 23 | ORDER Notice of Caterpillar's constitutional challenge [22] is hereby certified to the Attorney General. The United States' request to intervene and any response by the United States to the motion is due no later than December 27, 2019. The briefing schedule is stayed. See Fed. Cir. R. 31(c). Service as of this date by the Clerk of Court. [650846] [LMS] [Entered: 11/20/2019 12:24 PM] (2) |
| Nov 18, 2019 | 22 | MOTION of Appellant Caterpillar Inc. to terminate appeal through vacate and remand. Cases to be terminated: 19-2206. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). [Consent: opposed]. Service: 11/18/2019 by email. [650229] [19-2206] [James Barney] [Entered: 11/18/2019 03:15 PM] (7) |
| Oct 11, 2019 | 21 | **TEXT ONLY** ORDER granting motion to extend time to file brief [19] filed by Appellant Caterpillar Inc. The opening brief is due 12/18/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [641876] [SJ] [Entered: 10/11/2019 01:48 PM] (0) |
| Oct 10, 2019 | 20 | Amended Certificate of Interest for Appellant Caterpillar Inc.. Service: 10/10/2019 by email. [641559] [19-2206] [James Barney] [Entered: 10/10/2019 12:20 PM] (3) |
| Oct 10, 2019 | 19 | MOTION of Appellant Caterpillar Inc. to extend the time to 12/18/2009 to file the opening brief. [Consent: unopposed]. Service: 10/10/2019 by email. [641558] [19-2206]--[Edited 10/11/2019 by SJ to add party filer, correct docket text] [James Barney] [Entered: 10/10/2019 12:19 PM] (7) |
| Sep 12, 2019 | 18 | Certified list received. Service: 09/09/2019 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [635028] [TAM] [Entered: 09/12/2019 11:45 AM] (40) |
| Sep 11, 2019 | 17 | ORDER filed modifying case association. Appeals 2019-1911 & 2019-2206 shall be considered companion cases and assigned to the same merits panel. Service as of this date by the Clerk of Court. [634673] [19-1911, 19-2206] [NL] [Entered: 09/11/2019 01:03 PM] (2) |
| Aug 12, 2019 | 16 | Docketing Statement for the Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627774] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:50 PM] (3) |
| Aug 12, 2019 | 15 | Certificate of Interest for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627773] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:46 PM] (3) |
| Aug 12, 2019 | 14 | Entry of appearance for Jon Wright as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627772] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:43 PM] (2) |
| Aug 12, 2019 | 13 | Entry of appearance for Daniel Yonan as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627771] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:40 PM] (2) |
| Aug 12, 2019 | 12 | Entry of appearance for Ralph Powers, III as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627770] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:38 PM] (2) |
| Aug 12, 2019 | 11 | Entry of appearance for Mark A. Kilgore as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627769] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:35 PM] (2) |
| Aug 12, 2019 | 10 | Entry of appearance for William E. Sekyi as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627768] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:33 PM] (2) |
| Aug 12, 2019 | 9 | Entry of appearance for Seth R. Ogden as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627767] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:29 PM] (2) |
| Aug 12, 2019 | 8 | Entry of appearance for John F. Triggs as of counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627766] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:27 PM] (2) |
| Aug 12, 2019 | 7 | Entry of appearance for Ryan D. Levy as principal counsel for Appellee Wirtgen America, Inc.. Service: 08/12/2019 by email. [627765] [19-2206] [Ryan Levy] [Entered: 08/12/2019 11:20 PM] (2) |
| Aug 12, 2019 | 6 | Docketing Statement for the Appellant Caterpillar Inc.. Service: 08/12/2019 by email. [627515] [19-2206] [James Barney] [Entered: 08/12/2019 09:51 AM] (3) |
| Aug 12, 2019 | 5 | Certificate of Interest for Appellant Caterpillar Inc.. Service: 08/12/2019 by email. [627513] [19-2206] [James Barney] [Entered: 08/12/2019 09:50 AM] (3) |
| Aug 12, 2019 | 4 | Entry of appearance for David K. Mroz as of counsel for Appellant Caterpillar Inc.. Service: 08/12/2019 by email. [627510] [19-2206] [James Barney] [Entered: 08/12/2019 09:48 AM] (2) |
| Aug 12, 2019 | 3 | Entry of appearance for Joshua L. Goldberg as of counsel for Appellant Caterpillar Inc.. Service: 08/12/2019 by email. [627507] [19-2206] [James Barney] [Entered: 08/12/2019 09:47 AM] (2) |
| Aug 12, 2019 | 2 | Entry of appearance for James R. Barney as principal counsel for Appellant Caterpillar Inc.. Service: 08/12/2019 by email. [627504] [19-2206] [James Barney] [Entered: 08/12/2019 09:45 AM] (2) |
| Jul 30, 2019 | 1 | Appeal docketed. Received: 07/23/2019. [624581] Entry of Appearance due 08/13/2019. Certificate of Interest is due on 08/13/2019. Docketing Statement due 08/13/2019. Certified List due on 09/09/2019. [TAM] [Entered: 07/30/2019 02:17 PM] (40) |
