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Case number 2019-2294

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 [RULE 36 JUDGMENT] [nonprecedential] (0)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 80 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [765390] [JCP] [Entered: 03/29/2021 01:48 PM] (0)
Feb 3, 2021 79 JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [753583] [19-2294, 19-2338] [JCP] [Entered: 02/03/2021 09:47 AM] (0)
Feb 1, 2021 78 Submitted after ORAL ARGUMENT to Panel: O'Malley, Circuit Judge; Mayer, Circuit Judge and Taranto, Circuit Judge.Arguing counsel: James R. Barney for Caterpillar Inc. and Mr. Ralph Wilson Powers, III for Wirtgen America, Inc..Oral Argument Audio available here. [753069] [JCP] [Entered: 02/01/2021 01:43 PM] (0)
Jan 22, 2021 77 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. [751135] [JAL] [Entered: 01/22/2021 02:59 PM] (0)
Jan 15, 2021 75 Response to notice of oral argument from Appellant Caterpillar Inc.. Service: 01/15/2021 by email. [749753] [19-2294] [James Barney] [Entered: 01/15/2021 01:19 PM] (0)
Jan 15, 2021 76 Clerk's letter to Appellant Caterpillar Inc., Cross-Appellant Wirtgen America, Inc. and Intervenor Andrei Iancu regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [749769] [JAB] [Entered: 01/15/2021 01:42 PM] (0)
Jan 14, 2021 74 Response to notice of oral argument from Cross-Appellant Wirtgen America, Inc.. Service: 01/14/2021 by email. [749490] [19-2294] [Ralph Powers] [Entered: 01/14/2021 12:55 PM] (0)
Dec 18, 2020 73 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. [743921] [JAB] [Entered: 12/18/2020 02:54 PM] (0)
Dec 10, 2020 72 6 paper copies of Doc. No. [64], [54] received from Cross-Appellant Wirtgen America, Inc.. [742134] [VDW] [Entered: 12/11/2020 03:52 PM] (0)
Dec 10, 2020 71 6 paper copies of Doc. No. [52], [55], [60] received from Appellant Caterpillar Inc.. [742098] [VDW] [Entered: 12/11/2020 02:17 PM] (0)
Dec 8, 2020 70 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. [741176] [JAB] [Entered: 12/08/2020 03:39 PM] (0)
Dec 8, 2020 69 Notice from Appellant Caterpillar Inc. regarding conflicts with oral argument. Service: 12/08/2020 by email. [741129] [19-2294] [James Barney] [Entered: 12/08/2020 02:24 PM] (3)
Dec 7, 2020 68 Notice from Cross-Appellant Wirtgen America, Inc. regarding conflicts with oral argument. None. Service: 12/07/2020 by email. [740683] [19-2294] [Ralph Powers] [Entered: 12/07/2020 01:03 PM] (0)
Dec 3, 2020 67 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). [740061] [LMN] [Entered: 12/03/2020 02:47 PM] (0)
Dec 3, 2020 66 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. [740059] [LMN] [Entered: 12/03/2020 02:45 PM] (1)
Jul 22, 2020 65 This entry was made in error and has been removed from the docket. NOTICE OF NON-COMPLIANCE: The submission of Appellant Caterpillar Inc., Non-Confidential Appendix [61], is not in compliance with the rules of this court (see attached). Compliant document is due on 07/29/2020. Service as of this date by the Clerk of Court. [709279] [LMN] [Entered: 07/22/2020 02:16 PM] (0)
Jul 9, 2020 64 MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED for Cross-Appellant Wirtgen America, Inc. Number of Pages: 34. Service: 07/09/2020 by email. [706458]--[Edited 07/17/2020 by LMN - compliance review complete] [Ralph Powers] [Entered: 07/09/2020 03:45 PM] (43)
Jul 9, 2020 63 Notice of Correction to Doc No. [58] for Cross-Appellant Wirtgen America, Inc.. Service: 07/09/2020 by email. [706455] [19-2294] [Ralph Powers] [Entered: 07/09/2020 03:43 PM] (6)
Jul 8, 2020 62 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Cross-Appellant Wirtgen America, Inc.. Service: 07/08/2020 by email. [706228] [19-2294] [Ralph Powers] [Entered: 07/08/2020 06:03 PM] (2)
Jul 8, 2020 61 MODIFIED ENTRY: APPENDIX FILED for Appellant Caterpillar Inc. Number of Pages: 771. Service: 07/08/2020 by email. [706218] --[Edited 07/29/2020 by LMN - compliance review complete] [James Barney] [Entered: 07/08/2020 05:50 PM] (771)
Jul 8, 2020 60 MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED for Caterpillar Inc. Number of Pages: 772. Service: 07/08/2020 by email. [706217]--[Edited 07/22/2020 by LMN - compliance review complete] [James Barney] [Entered: 07/08/2020 05:48 PM] (0)
Jul 8, 2020 59 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellant Caterpillar Inc.. Service: 07/08/2020 by email. [706186] [19-2294] [James Barney] [Entered: 07/08/2020 04:19 PM] (2)
Jul 1, 2020 58 MODIFIED ENTRY: REPLY BRIEF FILED for Cross-Appellant Wirtgen America, Inc. Number of Pages: 34. Service: 07/01/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [705016] --[Edited 07/08/2020 by LMN - compliance review complete] This document has been corrected. See Doc No. [64] [Ralph Powers] [Entered: 07/01/2020 04:21 PM] (44)
Jun 22, 2020 57 **TEXT ONLY** ORDER granting motion to extend time to file brief [56] filed by Cross-Appellant Wirtgen America, Inc. The reply brief is due 07/01/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [702790] [CAB] [Entered: 06/22/2020 02:27 PM] (0)
Jun 15, 2020 56 MOTION of Cross-Appellant Wirtgen America, Inc. to extend the time to 07/01/2020 to file the Reply Brief. [Consent: unopposed]. Service: 06/15/2020 by email. [701173] [19-2294] [Ralph Powers] [Entered: 06/15/2020 01:58 PM] (7)
Jun 1, 2020 55 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Caterpillar Inc. Number of Pages: 69. Service: 06/01/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [698260] --[Edited 07/08/2020 by LMN - compliance review complete] [James Barney] [Entered: 06/01/2020 01:51 PM] (81)
Apr 20, 2020 54 MODIFIED ENTRY: BRIEF FILED for Cross-Appellant Wirtgen America, Inc.. Number of Pages: 84. Service: 04/20/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [688511] --[Edited 04/24/2020 by LMN - compliance review complete] [Ralph Powers] [Entered: 04/20/2020 09:49 PM] (98)
Apr 20, 2020 53 Letter from Intervenor Iancu Regarding Non-Participation but Remaining as a Party. Service: 04/20/2020 by email. [688418] [19-2294] [Brian Racilla] [Entered: 04/20/2020 03:57 PM] (3)
Apr 1, 2020 52 MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED for Appellant Caterpillar Inc. Number of Pages: 58. Service: 04/01/2020 by email. [683554]--[Edited 04/03/2020 by JAL - Compliance review complete] [James Barney] [Entered: 04/01/2020 04:16 PM] (0)
Apr 1, 2020 51 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Caterpillar Inc. Number of Pages: 58. Service: 04/01/2020 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. [683552] --[Edited 04/03/2020 by JAL - Compliance review complete] [James Barney] [Entered: 04/01/2020 04:12 PM] (146)
Mar 26, 2020 50 NOTICE OF NON-COMPLIANCE: The submissions of Appellant Caterpillar Inc., Corrected Opening Brief and Corrected Confidential Opening Brief [48], [49], 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. [681967] [JAL] [Entered: 03/26/2020 11:26 AM] (1)
Mar 18, 2020 49 FILED from Appellant Caterpillar Inc. Title: CORRECTED CONFIDENTIAL OPENING BRIEF. Service: 03/18/2020 by email. [680054] [19-2294] This document is non-compliant. See Doc No.[50] [James Barney] [Entered: 03/18/2020 05:04 PM] (0)
Mar 18, 2020 48 FILED from Appellant Caterpillar Inc. Title: CORRECTED OPENING BRIEF. Service: 03/18/2020 by email. [680052] [19-2294] This document is non-compliant. See Doc No.[50] [James Barney] [Entered: 03/18/2020 05:00 PM] (146)
Mar 17, 2020 47 NOTICE OF NON-COMPLIANCE: The submissions of Appellant Caterpillar Inc., Opening Brief and Confidential Opening Brief [44], [45], are not in compliance with the rules of this court (see attached). Compliant documents are due on 03/24/2020. 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. [679585] [JAL] [Entered: 03/17/2020 05:01 PM] (2)
Mar 13, 2020 46 Amended Certificate of Interest for Appellant Caterpillar Inc.. Service: 03/13/2020 by email. [678680] [19-2294] [James Barney] [Entered: 03/13/2020 02:36 PM] (2)
Mar 11, 2020 45 FILED from Appellant Caterpillar Inc. Title: CONFIDENTIAL OPENING BRIEF. Service: 03/11/2020 by email. [677976] [19-2294] This document is non-compliant. See Doc No.[47] [James Barney] [Entered: 03/11/2020 03:35 PM] (0)
Mar 11, 2020 44 FILED from Appellant Caterpillar Inc. Title: OPENING BRIEF. Service: 03/11/2020 by email. [677975] [19-2294] This document is non-compliant. See Doc No.[47] [James Barney] [Entered: 03/11/2020 03:33 PM] (151)
Mar 11, 2020 43 Amended Certificate of Interest for Appellant Caterpillar Inc.. Service: 03/11/2020 by email. [677973] [19-2294] [James Barney] [Entered: 03/11/2020 03:31 PM] (2)
Mar 2, 2020 42 Docketing Statement for the Intervenor Iancu. Service: 03/02/2020 by email. [675549] [19-2294] [Brian Racilla] [Entered: 03/02/2020 02:35 PM] (3)
Feb 26, 2020 41 ORDER granting motion to extend time to file opening brief [39] filed by Appellant Caterpillar Inc. Service as of this date by the Clerk of Court. [674522] [LMS] [Entered: 02/26/2020 04:20 PM] (2)
Feb 19, 2020 40 Entry of appearance for Alexander E. Harding as of counsel for Appellant Caterpillar Inc.. Service: 02/19/2020 by email. [672380] [19-2294] [Alexander Harding] [Entered: 02/19/2020 12:42 PM] (1)
Feb 5, 2020 39 MOTION of Appellant Caterpillar Inc. to extend the time to 03/13/2020 to file the 02/28/2020. [Consent: partial consent]. Service: 02/05/2020 by email. [668540] [19-2294] [James Barney] [Entered: 02/05/2020 10:20 AM] (9)
Jan 29, 2020 38 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 [21] is denied. The opening brief is due within 30 days. Service as of this date by the Clerk of Court. [667059] [LMS] [Entered: 01/29/2020 03:49 PM] (2)
Jan 10, 2020 37 ORDER denying as moot motion to extend time to file other [34] filed by Appellant. Service as of this date by the Clerk of Court. [662238] [NL] [Entered: 01/10/2020 02:02 PM] (2)
Jan 3, 2020 36 REPLY of Appellant Caterpillar Inc. to response [33], response [32]. Service: 01/03/2020 by email. [660757] [19-2294] [James Barney] [Entered: 01/03/2020 05:07 PM] (11)
Jan 2, 2020 35 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 34 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. [659407] [19-2294] [James Barney] [Entered: 12/30/2019 01:07 PM] (9)
Dec 27, 2019 31 Entry of appearance for Thomas W. Krause as of counsel for Intervenor - Director, U.S. Patent and Trademark Office. Service: 12/27/2019 by email. [659120] [19-2294] [Thomas Krause] [Entered: 12/27/2019 03:19 PM] (2)
Dec 27, 2019 33 RESPONSE of Cross-Appellant Wirtgen America, Inc. to the motion to terminate appeal [21] filed by Appellant Caterpillar Inc.. Service: 12/27/2019 by email. [659123] [19-2294] [Ralph Powers] [Entered: 12/27/2019 03:28 PM] (16)
Dec 27, 2019 32 RESPONSE from Intervenor - Director, U.S. Patent and Trademark Office to the motion to terminate appeal [21] filed by Appellant Caterpillar Inc.. Service: 12/27/2019 by email. [659122] [19-2294] [Brian Racilla] [Entered: 12/27/2019 03:25 PM] (10)
Dec 27, 2019 30 Entry of appearance for Farheena Y. Rasheed as of counsel for Intervenor - Director, U.S. Patent and Trademark Office. Service: 12/27/2019 by email. [659119] [19-2294] [Farheena Rasheed] [Entered: 12/27/2019 03:16 PM] (2)
Dec 27, 2019 29 Entry of appearance for Brian Racilla as principal counsel for Intervenor - Director, U.S. Patent and Trademark Office. Service: 12/27/2019 by email. [659116] [19-2294] [Brian Racilla] [Entered: 12/27/2019 03:11 PM] (2)
Dec 27, 2019 28 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. [659114] [19-2294] [Brian Racilla] [Entered: 12/27/2019 03:08 PM] (3)
Nov 22, 2019 27 ORDER granting motion to extend time to file response to Caterpillar Inc.’s motion to vacate and remand [26] filed by Cross-Appellant Wirtgen America, Inc. The response to Caterpillar Inc.'s motion to vacate and remand is due on or before 12/27/2019. Service as of this date by the Clerk of Court. [651819] [NL] [Entered: 11/22/2019 04:22 PM] (2)
Nov 21, 2019 26 MOTION of Cross-Appellant Wirtgen America, Inc. to extend the time to 12/27/2019 to file Response/Reply [Consent: unopposed]. Service: 11/21/2019 by email. [651481] [19-2294] [Ralph Powers] [Entered: 11/21/2019 05:35 PM] (14)
Nov 21, 2019 25 MOTION of Cross-Appellant Wirtgen America, Inc. to extend the time to 12/27/2019 to file Response/Reply [Consent: unopposed]. Service: 11/21/2019 by email. [651435] [19-2294] [Ralph Powers] [Entered: 11/21/2019 03:50 PM] (12)
Nov 19, 2019 24 Note to file: 19-2445 (COMPANION started 11/19/2019) with 19-2294. These cases shall be considered companion cases and assigned to the same merits panel for oral argument. [650577] [CAB] [Entered: 11/19/2019 02:22 PM] (0)
Nov 18, 2019 23 ORDER Notice of Caterpillar’s constitutional challenge [21] 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. [650327] [NL] [Entered: 11/18/2019 05:02 PM] (2)
Nov 18, 2019 22 Amended Certificate of Interest for Appellant Caterpillar Inc.. Service: 11/18/2019 by email. [650240] [19-2294] [James Barney] [Entered: 11/18/2019 03:23 PM] (3)
Nov 18, 2019 21 MOTION of Appellant Caterpillar Inc. to terminate appeal through vacate and remand. Cases to be terminated: 19-2294 and 19-2338. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). [Consent: opposed]. Service: 11/18/2019 by email. [650224] [19-2294] [James Barney] [Entered: 11/18/2019 03:13 PM] (8)
Oct 31, 2019 20 Entry of appearance for William E. Sekyi as of counsel for Cross-Appellant Wirtgen America, Inc.. Service: 10/31/2019 by email. [646211] [19-2294] [Ryan Levy] [Entered: 10/31/2019 04:19 PM] (2)
Oct 31, 2019 19 Entry of appearance for Mark A. Kilgore as of counsel for Cross-Appellant Wirtgen America, Inc.. Service: 10/31/2019 by email. [646210] [19-2294] [Ryan Levy] [Entered: 10/31/2019 04:17 PM] (2)
Oct 16, 2019 18 Docketing Statement for the Appellant Caterpillar Inc.. Service: 10/16/2019 by email. [642567] [19-2294] [James Barney] [Entered: 10/16/2019 12:49 PM] (3)
Oct 1, 2019 17 Certified list received. Service: 09/30/2019 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [639480] [19-2294, 19-2338] [MMA] [Entered: 10/01/2019 04:53 PM] (142)
Sep 4, 2019 16 REMINDER: Ralph W. Powers, III is reminded that the information on your entry of appearance (EOA) and the information in your user account must match. Please update the EOA or the account promptly. [632966] [MMA] [Entered: 09/04/2019 10:20 AM] (0)
Sep 3, 2019 15 Entry of appearance for Jon E. Wright as of counsel for Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632894] [19-2294] [Jon Wright] [Entered: 09/03/2019 05:37 PM] (2)
Sep 3, 2019 14 Entry of appearance for Seth R. Ogden as of counsel for Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632892] [19-2294] [Ralph Powers] [Entered: 09/03/2019 05:36 PM] (2)
Sep 3, 2019 13 Entry of appearance for John F. Triggs as of counsel for Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632890] [19-2294] [Ralph Powers] [Entered: 09/03/2019 05:35 PM] (2)
Sep 3, 2019 12 Entry of appearance for Ryan D. Levy as of counsel for Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632889] [19-2294] [Ralph Powers] [Entered: 09/03/2019 05:34 PM] (2)
Sep 3, 2019 11 Docketing Statement for the Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632886] [19-2294] [Ralph Powers] [Entered: 09/03/2019 05:33 PM] (4)
Sep 3, 2019 10 Certificate of Interest for Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632885] [19-2294] [Ralph Powers] [Entered: 09/03/2019 05:31 PM] (3)
Sep 3, 2019 9 Entry of appearance for Ralph Wilson Powers III as principal counsel for Cross-Appellant Wirtgen America, Inc.. Service: 09/03/2019 by email. [632883] [19-2294] [Ralph Powers] [Entered: 09/03/2019 05:30 PM] (2)
Aug 30, 2019 8 Official caption revised to reflect 19-2338 as Cross-Appeal. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [632185] [MMA] [Entered: 08/30/2019 09:23 AM] (0)
Aug 30, 2019 7 Note to file: The following cases are associated:19-2294 (Lead) with 19-2338 (Cross-Appeal). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [632182] [19-2294, 19-2338] [MMA] [Entered: 08/30/2019 09:20 AM] (0)
Aug 29, 2019 6 Docketing Statement for the Appellant Caterpillar Inc.. Service: 08/29/2019 by email. [632008] [19-2294] [James Barney] [Entered: 08/29/2019 03:00 PM] (3)
Aug 29, 2019 5 Certificate of Interest for Appellant Caterpillar Inc.. Service: 08/29/2019 by email. [632007] [19-2294] [James Barney] [Entered: 08/29/2019 02:58 PM] (3)
Aug 29, 2019 4 Entry of appearance for Joshua L. Goldberg as of counsel for Appellant Caterpillar Inc.. Service: 08/29/2019 by email. [632006] [19-2294] [James Barney] [Entered: 08/29/2019 02:56 PM] (2)
Aug 29, 2019 3 Entry of appearance for David K. Mroz as of counsel for Appellant Caterpillar Inc.. Service: 08/29/2019 by email. [632003] [19-2294] [James Barney] [Entered: 08/29/2019 02:55 PM] (2)
Aug 29, 2019 2 Entry of appearance for James R. Barney as principal counsel for Appellant Caterpillar Inc.. Service: 08/29/2019 by email. [632001] [19-2294] [James Barney] [Entered: 08/29/2019 02:53 PM] (2)
Aug 20, 2019 1 Appeal docketed. Received: 08/15/2019. [629660] Entry of Appearance due 09/03/2019. Certificate of Interest is due on 09/03/2019. Docketing Statement due 09/03/2019. Certified List due on 09/30/2019. [MMA] [Entered: 08/20/2019 04:35 PM] (66)
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