Case number 2020-1261
Caterpillar Paving Products v. Wirtgen America, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 23, 2021 | 0 | CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. [ORDER] [precedential] (0) |
| Apr 23, 2021 | 0 | CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. [OPINION] [nonprecedential] (0) |
| Apr 5, 2021 | 67 | Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [766658] [JCP] [Entered: 04/05/2021 11:57 AM] (0) |
| Feb 10, 2021 | 65 | OPINION filed for the court by O'Malley, Circuit Judge; Clevenger, Circuit Judge and Taranto, Circuit Judge. Nonprecedential Opinion. [755053] [MJL] [Entered: 02/10/2021 10:56 AM] (0) |
| Feb 10, 2021 | 66 | JUDGMENT. VACATED AND REMANDED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellee(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [755054] [MJL] [Entered: 02/10/2021 10:57 AM] (0) |
| Feb 2, 2021 | 64 | Submitted after ORAL ARGUMENT to Panel: O'Malley, Circuit Judge; Clevenger, Circuit Judge and Taranto, Circuit Judge.Arguing counsel: Joshua Goldberg for Caterpillar Paving Products Inc. and Tyler Dutton for Wirtgen America, Inc. and Joseph Vogele AG.Oral Argument Audio available here. [753367] [JCP] [Entered: 02/02/2021 12:13 PM] (0) |
| Jan 22, 2021 | 63 | 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. [751192] [JAL] [Entered: 01/22/2021 03:33 PM] (0) |
| Jan 15, 2021 | 62 | Clerk's letter to Appellant Caterpillar Paving Products Inc. and Appellees Joseph Vogele AG and Wirtgen America, Inc. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [749780] [JAB] [Entered: 01/15/2021 01:57 PM] (0) |
| Jan 14, 2021 | 60 | Response to notice of oral argument from Appellees Wirtgen America, Inc. and Joseph Vogele AG. Service: 01/14/2021 by email. [749485] [20-1261] [Tyler Dutton] [Entered: 01/14/2021 12:51 PM] (0) |
| Jan 14, 2021 | 61 | Response to notice of oral argument from Intervenor Andrei Iancu. Service: 01/14/2021 by email. [749574] [20-1261] [Monica Lateef] [Entered: 01/14/2021 03:46 PM] (0) |
| Jan 11, 2021 | 59 | Response to notice of oral argument from Appellant Caterpillar Paving Products Inc.. Service: 01/11/2021 by email. [748557] [20-1261] [Joshua Goldberg] [Entered: 01/11/2021 06:15 PM] (0) |
| Dec 18, 2020 | 58 | NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2102F. Case scheduled February 2, 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. [743943] [JAB] [Entered: 12/18/2020 03:20 PM] (0) |
| Nov 10, 2020 | 57 | 6 paper copies of Doc. No. [46] received from Appellees Joseph Vogele AG and Wirtgen America, Inc.. [738630] [VDW] [Entered: 11/30/2020 09:57 AM] (0) |
| Nov 6, 2020 | 56 | 6 paper copies of Doc. No. [38], [48], [49] received from Appellant Caterpillar Paving Products Inc.. [738628] [VDW] [Entered: 11/30/2020 09:56 AM] (0) |
| Nov 5, 2020 | 55 | Notice from Appellees Wirtgen America, Inc. and Joseph Vogele AG regarding conflicts with oral argument. Service: 11/05/2020 by email. [734046] [20-1261] [Tyler Dutton] [Entered: 11/05/2020 05:28 PM] (3) |
| Nov 5, 2020 | 54 | Notice from Appellant Caterpillar Paving Products Inc. regarding conflicts with oral argument. None. Service: 11/05/2020 by email. [733968] [20-1261] [Joshua Goldberg] [Entered: 11/05/2020 02:14 PM] (1) |
| Oct 30, 2020 | 53 | Notice from Intervenor Andrei Iancu regarding conflicts with oral argument. None. Service: 10/30/2020 by email. [732607] [20-1261] [Monica Lateef] [Entered: 10/30/2020 02:56 PM] (0) |
| Oct 29, 2020 | 52 | 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. [732299] [EKD] [Entered: 10/29/2020 01:16 PM] (1) |
| Oct 29, 2020 | 51 | 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 November 12, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [732297] [EKD] [Entered: 10/29/2020 01:15 PM] (0) |
| Oct 26, 2020 | 50 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Caterpillar Paving Products Inc.. Service: 10/26/2020 by email. [731515] [20-1261] [Joshua Goldberg] [Entered: 10/26/2020 09:09 PM] (2) |
| Oct 26, 2020 | 49 | MODIFIED ENTRY: APPENDIX FILED by Appellant Caterpillar Paving Products Inc. Service: 10/26/2020 by email. [731514] --[Edited 10/28/2020 by EKD - compliance review complete] [Joshua Goldberg] [Entered: 10/26/2020 09:08 PM] (690) |
| Oct 19, 2020 | 48 | MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Caterpillar Paving Products Inc. Service: 10/19/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [729989] --[Edited 10/20/2020 by EKD - compliance review complete] [Joshua Goldberg] [Entered: 10/19/2020 06:09 PM] (25) |
| Oct 19, 2020 | 47 | Amended Entry of appearance for Joshua L. Goldberg; Daniel C. Cooley as counsel for Appellant Caterpillar Paving Products Inc.. Service: 10/19/2020 by email. [729988] [20-1261] [Joshua Goldberg] [Entered: 10/19/2020 06:07 PM] (1) |
| Oct 1, 2020 | 46 | MODIFIED ENTRY: CORRECTED BRIEF FILED by Appellees Joseph Vogele AG and Wirtgen America, Inc. Service: 10/01/2020 by email. [725803] --[Edited 10/06/2020 by EKD - compliance review complete] [Ralph Powers] [Entered: 10/01/2020 11:39 AM] (57) |
| Sep 30, 2020 | 45 | NOTICE OF NON-COMPLIANCE: The submission of Appellees Joseph Vogele AG and Wirtgen America, Inc., Response Brief [42], is not in compliance with the rules of this court (see attached). Compliant document is due on 10/07/2020. Service as of this date by the Clerk of Court. [725543] [EKD] [Entered: 09/30/2020 02:30 PM] (2) |
| Sep 18, 2020 | 44 | **TEXT ONLY** ORDER granting motion to extend time to file brief [43] filed by Appellant Caterpillar Paving Products Inc. The reply brief is due 10/19/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [722742] [EKD] [Entered: 09/18/2020 11:25 AM] (0) |
| Sep 18, 2020 | 43 | MOTION of Appellant Caterpillar Paving Products Inc. to extend the time to 10/19/2020 to file brief. [Consent: unopposed]. Service: 09/18/2020 by email. [722691] [20-1261] [Joshua Goldberg] [Entered: 09/18/2020 09:12 AM] (7) |
| Sep 14, 2020 | 42 | FILED from Appellees Wirtgen America, Inc. and Joseph Vogele AG. Title: RESPONSE BRIEF. Service: 09/14/2020 by email. [721486] [20-1261] This document is non-compliant. See Doc No. [45] [Ralph Powers] [Entered: 09/14/2020 06:56 PM] (54) |
| Aug 25, 2020 | 41 | **TEXT ONLY** ORDER granting motion to extend time to file brief [40] filed by Appellees Wirtgen America, Inc. and Joseph Vogele AG. The response brief is due 09/14/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [717296] [KMH] [Entered: 08/25/2020 10:59 AM] (0) |
| Aug 24, 2020 | 40 | MOTION of Appellees Wirtgen America, Inc. and Joseph Vogele AG to extend the time to 09/14/2020 to file the Response to Caterpillar's Opening Brief due 8/31/2020. [Consent: unopposed]. Service: 08/24/2020 by email. [716948] [20-1261] [Ralph Powers] [Entered: 08/24/2020 01:13 PM] (9) |
| Aug 18, 2020 | 39 | Letter from Intervenor Andrei Iancu re: Non-Filing of an Intervenor's Brief, but to Remain a Party to Preserve the Director's Right to Participate in any Further Proceedings. Service: 08/18/2020 by email. [715534] [20-1261] [Monica Lateef] [Entered: 08/18/2020 09:52 AM] (2) |
| Jul 27, 2020 | 38 | MODIFIED ENTRY: CORRECTED BRIEF FILED for Caterpillar Paving Products Inc. Number of Pages: 37. Service: 07/27/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original brief. See Fed. Cir. R. 31. [710338]--[Edited 07/28/2020 by MJL - compliance review complete] [Joshua Goldberg] [Entered: 07/27/2020 03:52 PM] (129) |
| Jul 23, 2020 | 37 | NOTICE OF NON-COMPLIANCE: The submission of Caterpillar Paving Products Inc., Opening Brief [36], is not in compliance with the rules of this court (see attached). Compliant brief due 07/30/2020. 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. [709709] [MJL] [Entered: 07/23/2020 03:45 PM] (2) |
| Jul 20, 2020 | 36 | FILED from Appellant Caterpillar Paving Products Inc.. Title: OPENING BRIEF. Service: 07/20/2020 by email. [708713] [20-1261]. This brief is non-compliant. See Doc. No. [37]. [Joshua Goldberg] [Entered: 07/20/2020 06:44 PM] (125) |
| May 21, 2020 | 35 | **TEXT ONLY** ORDER granting Caterpillar Paving Products Inc.'s motion [34] to extend the time to file its opening brief by 45 days, until 07/20/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [696403] [MJL] [Entered: 05/21/2020 04:25 PM] (0) |
| May 19, 2020 | 34 | MOTION of Appellant Caterpillar Paving Products Inc. to extend the time to 07/20/2020 to file the Opening Brief. [Consent: unopposed]. Service: 05/19/2020 by email. [695707] [20-1261] [Joshua Goldberg] [Entered: 05/19/2020 03:13 PM] (7) |
| May 6, 2020 | 33 | PRECEDENTIAL ORDER filed. The motion to vacate and remand [18] is denied. Caterpillar’s opening brief is due within 30 days from the date of filing of this order. By: Motions Panel (Per Curiam). Service as of this date by the Clerk of Court. [692462] [JAB] [Entered: 05/06/2020 09:12 AM] (3) |
| Apr 2, 2020 | 32 | Docketing Statement for the Intervenor Iancu. Service: 04/02/2020 by email. [683664] [20-1261] [Monica Lateef] [Entered: 04/02/2020 10:15 AM] (4) |
| Mar 19, 2020 | 31 | ORDER filed. The Director is added as an intervenor. The revised official caption is reflected in the order. The Director shall file a docketing statement no later than 14 days from the date of this order. Service as of this date by the Clerk of Court. [680168] [MJL] [Entered: 03/19/2020 10:45 AM] (2) |
| Mar 12, 2020 | 30 | REPLY of Appellant Caterpillar Paving Products Inc. to response [21], response [29]. Service: 03/12/2020 by email. [678391] [20-1261] [Daniel Cooley] [Entered: 03/12/2020 05:01 PM] (13) |
| Mar 5, 2020 | 25 | Entry of appearance for Monica B. Lateef as principal counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676616] [20-1261] [Monica Lateef] [Entered: 03/05/2020 02:18 PM] (1) |
| Mar 5, 2020 | 29 | RESPONSE from Intervenor, Director of the United States Patent and Trademark Office to the motion [18] filed by Appellants Caterpillar Paving Products Inc. and Caterpillar Paving Products Inc.. Service: 03/05/2020 by email. [676625] [20-1261] [Monica Lateef] [Entered: 03/05/2020 02:27 PM] (12) |
| Mar 5, 2020 | 28 | Entry of appearance for Daniel Kazhdan as of counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676624] [20-1261] [Daniel Kazhdan] [Entered: 03/05/2020 02:24 PM] (1) |
| Mar 5, 2020 | 27 | Entry of appearance for Farheena Y. Rasheed as of counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676621] [20-1261] [Farheena Rasheed] [Entered: 03/05/2020 02:22 PM] (1) |
| Mar 5, 2020 | 26 | Entry of appearance for Thomas W. Krause as of counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676619] [20-1261] [Thomas Krause] [Entered: 03/05/2020 02:20 PM] (1) |
| Mar 5, 2020 | 24 | Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676615] [20-1261] [Monica Lateef] [Entered: 03/05/2020 02:16 PM] (2) |
| Feb 20, 2020 | 23 | ORDER granting motion to extend time [22] to the extent that Caterpillar's reply is due no later than March 19, 2020. Service as of this date by the Clerk of Court. [672901] [LMS] [Entered: 02/20/2020 03:21 PM] (2) |
| Feb 14, 2020 | 22 | MOTION of Appellant Caterpillar Paving Products Inc. to extend the time to 03/12/2020 to file Response/Reply [Consent: unopposed]. Service: 02/14/2020 by email. [671730] [20-1261] [Daniel Cooley] [Entered: 02/14/2020 09:48 PM] (8) |
| Feb 14, 2020 | 21 | RESPONSE of Appellees Wirtgen America, Inc. and Joseph Vogele AG to the motion to terminate appeal [18] filed by Appellants Caterpillar Paving Products Inc. and Caterpillar Paving Products Inc.. Service: 02/14/2020 by email. [671574] [20-1261] [Ralph Powers] [Entered: 02/14/2020 02:37 PM] (23) |
| Feb 10, 2020 | 20 | ORDER If the United States intends to intervene in this appeal, its response to the motion [18] is due no later than March 5, 2020. Service as of this date by the Clerk of Court. [669861] [LMS] [Entered: 02/10/2020 03:17 PM] (2) |
| Feb 4, 2020 | 19 | ORDER Notice of Caterpillar's constitutional challenge [15] is hereby certified to the Attorney General. No later than 30 days from the date of filing of this order, the Attorney General is directed to inform this court whether the United States intends to intervene in this appeal. Service as of this date by the Clerk of Court. [668398] [LMS] [Entered: 02/04/2020 04:21 PM] (2) |
| Feb 4, 2020 | 18 | MODIFIED ENTRY: MOTION of Caterpillar Paving Products Inc. to vacate and remand. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). [Consent: opposed]. Service: 02/04/2020 by email. [668392]--[Edited 02/05/2020 by MJL to correct relief] [Daniel Cooley] [Entered: 02/04/2020 03:57 PM] (13) |
| Feb 3, 2020 | 17 | Amended Certificate of Interest for Appellant Caterpillar Paving Products Inc.. Service: 02/03/2020 by email. [668128] [20-1261] [Joshua Goldberg] [Entered: 02/03/2020 06:56 PM] (2) |
| Jan 24, 2020 | 16 | Certified list received. Service: 01/23/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [665907] [TAM] [Entered: 01/24/2020 01:46 PM] (72) |
| Jan 24, 2020 | 15 | Notice from Appellant Caterpillar Paving Products Inc. under Fed. R. App. P. 44(a). Service: 01/24/2020 by email. [665773] [20-1261] [Joshua Goldberg] [Entered: 01/24/2020 10:36 AM] (1) |
| Dec 31, 2019 | 14 | Entry of appearance for Tyler J. Dutton as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659876] [20-1261] [Tyler Dutton] [Entered: 12/31/2019 02:59 PM] (2) |
| Dec 31, 2019 | 13 | Entry of appearance for Donald R. Banowit as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659874] [20-1261] [Donald Banowit] [Entered: 12/31/2019 02:57 PM] (2) |
| Dec 31, 2019 | 12 | Entry of appearance for Jon E. Wright as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659871] [20-1261] [Jon Wright] [Entered: 12/31/2019 02:55 PM] (2) |
| Dec 31, 2019 | 11 | Entry of appearance for Seth R. Ogden as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659869] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:53 PM] (2) |
| Dec 31, 2019 | 10 | Entry of appearance for Ryan D. Levy as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659868] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:52 PM] (2) |
| Dec 31, 2019 | 9 | Entry of appearance for Mark A. Kilgore as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659867] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:51 PM] (2) |
| Dec 31, 2019 | 8 | Docketing Statement for the Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659862] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:48 PM] (4) |
| Dec 31, 2019 | 7 | Certificate of Interest for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659858] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:46 PM] (3) |
| Dec 31, 2019 | 6 | Entry of appearance for Ralph W. Powers III as principal counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659855] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:44 PM] (2) |
| Dec 20, 2019 | 2 | Entry of appearance for Joshua L. Goldberg as principal counsel for Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658277] [20-1261] [Joshua Goldberg] [Entered: 12/20/2019 03:40 PM] (1) |
| Dec 20, 2019 | 5 | Docketing Statement for the Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658282] [20-1261] [Daniel Cooley] [Entered: 12/20/2019 03:44 PM] (3) |
| Dec 20, 2019 | 4 | Certificate of Interest for Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658281] [20-1261] [Daniel Cooley] [Entered: 12/20/2019 03:43 PM] (2) |
| Dec 20, 2019 | 3 | Entry of appearance for Daniel C. Cooley as of counsel for Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658280] [20-1261] [Daniel Cooley] [Entered: 12/20/2019 03:42 PM] (1) |
| Dec 17, 2019 | 1 | Appeal docketed. Received: 12/09/2019. [657182] Entry of Appearance due 12/31/2019. Certificate of Interest is due on 12/31/2019. Docketing Statement due 12/31/2019. Certified List due on 01/27/2020. [TAM] [Entered: 12/17/2019 03:09 PM] (71) |
