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Case number 6:21-cv-00428

EcoFactor, Inc. v. Ecobee, Inc. LEAD CASE > Documents

Date Field Doc. No.Description (Pages)
Oct 11, 2023 276 Response in Opposition to Motion, filed by Ecobee, Inc., re 273 Opposed MOTION TO RESOLVE DISPUTES REGARDING ITS BILL OF COSTS re 260 Bill of Costs, 261 Memorandum in Support filed by EcoFactor, Inc. ecobee Opposition to Ecofactor's Motion to Approve Bill of Costs (Attachments: # 1 Affidavit Declaration of Steve Lubezny, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 10/11/2023) (0)
Oct 11, 2023 277 Sealed Document: REPLY IN SUPPORT of 270 Sealed Motion Defendant ecobee, Inc.'s Motion for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) by Ecobee, Inc. by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 10/11/2023) (0)
Oct 11, 2023 278 Sealed Document: CORRECTED REPLY IN SUPPORT of 270 Sealed Motion Defendant ecobee, Inc.'s Motion for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) by Ecobee, Inc. by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 10/11/2023) (0)
Oct 5, 2023 275 ATTACHMENT Corrected Certificate of Service to 274 Sealed Document, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 10/05/2023) (3)
Oct 4, 2023 274 Sealed Document: PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANT ECOBEE, INC.S RULE 50(B) MOTION FOR JUDGMENT AS A MATTER OF LAW of 272 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(B) by EcoFactor, Inc. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit 1) (Mirzaie, Reza) (Entered: 10/04/2023) (0)
Sep 27, 2023 272 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(B) by Ecobee, Inc. (Ainsworth, Jennifer) Modified on 9/27/2023. Per Defendant's Counsel Office, incorrect event entry used and should be redacted copy of 270 which is not ruled on. Upon 270 ruling appropriate changes will be made to entry to reflect redacted copy (zv). (Entered: 09/27/2023) (24)
Sep 27, 2023 273 Opposed MOTION TO RESOLVE DISPUTES REGARDING ITS BILL OF COSTS re 260 Bill of Costs, 261 Memorandum in Support by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Proposed Order)(Mirzaie, Reza) (Entered: 09/27/2023) (0)
Sep 21, 2023 271 Unopposed MOTION to Stay Judgment Execution and Approve Supersedeas Bond by Ecobee, Inc.. (Attachments: # 1 Exhibit Supersedeas Bond, # 2 Proposed Order Order Granting Unopposed Motion to Stay Judgment Execution and Approve Supersedeas Bond)(Ainsworth, Jennifer) (Entered: 09/21/2023) (0)
Sep 20, 2023 270 Sealed Motion: Defendant ecobee, Inc.'s Motion for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) by Ecobee, Inc., Sealed Motion Defendant ecobee, Inc.'s Motion for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) by Ecobee, Inc. (Attachments: # 1 Proposed Order) (Ainsworth, Jennifer) (Entered: 09/20/2023) (0)
Sep 9, 2023 262 6-20-23 Jury Trial Volume 1 Sealed Transcript filed (This transcript is not available electronically) (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 263 6-21-23 Jury Trial Volume 2 Sealed Transcript filed (This transcript is not available electronically) (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 264 6-22-23 Jury Trial Volume 3 Sealed Transcript filed (This transcript is not available electronically) (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 265 6-23-23 Jury Trial Volume 4 Sealed Transcript filed (This transcript is not available electronically) (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 266 Transcript filed of Proceedings held on 6-20-23, Proceedings Transcribed: Jury Trial Volume 1. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/2/2023, Redacted Transcript Deadline set for 10/10/2023, Release of Transcript Restriction set for 12/8/2023, (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 267 Transcript filed of Proceedings held on 6-21-23, Proceedings Transcribed: Jury Trial Volume 2. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/2/2023, Redacted Transcript Deadline set for 10/10/2023, Release of Transcript Restriction set for 12/8/2023, (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 268 Transcript filed of Proceedings held on 6-22-23, Proceedings Transcribed: Jury Trial Volume 3. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/2/2023, Redacted Transcript Deadline set for 10/10/2023, Release of Transcript Restriction set for 12/8/2023, (kd) (Entered: 09/09/2023) (0)
Sep 9, 2023 269 Transcript filed of Proceedings held on 6-23-23, Proceedings Transcribed: Jury Trial Volume 4. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/2/2023, Redacted Transcript Deadline set for 10/10/2023, Release of Transcript Restriction set for 12/8/2023, (kd) (Entered: 09/09/2023) (0)
Sep 6, 2023 260 BILL OF COSTS by EcoFactor, Inc.. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F)(Mirzaie, Reza) (Entered: 09/06/2023) (0)
Sep 6, 2023 261 Memorandum in Support of 260 Bill of Costs by EcoFactor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mirzaie, Reza) (Entered: 09/06/2023) (0)
Aug 25, 2023 259 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) (Entered: 08/28/2023) (1)
Aug 23, 2023 258 FINAL JUDGMENT in favor of ECOFACTOR, INC., against ECOBEE, INC.,. Signed by Judge Alan D Albright. (zv) (Entered: 08/25/2023) (2)
Aug 10, 2023 257 Redacted Copy of 252 Opposed Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTION TO APPROVE FORM AND FOR ENTRY OF FINAL JUDGMENT by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Exhibit C)(Mirzaie, Reza) (Entered: 08/10/2023) (0)
Aug 9, 2023 255 Redacted Copy ecobee Opposition to Ecofactor, Inc's Motion to approve form and for entry of final Judgment of 253 Sealed Document,,,,, by Ecobee, Inc.. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3, # 4 Exhibit Ex 4, # 5 Exhibit Ex 5, # 6 Exhibit Ex 6, # 7 Exhibit Ex 7, # 8 Exhibit Ex 8, # 9 Exhibit Redacted Ex 9, # 10 Exhibit Ex 10, # 11 Exhibit Ex 11, # 12 Exhibit Ex 12, # 13 Exhibit Ex 13, # 14 Exhibit Ex14)(Ainsworth, Jennifer) (Entered: 08/09/2023) (0)
Aug 9, 2023 256 Sealed Document: REPLY IN SUPPORT OF PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTION TO APPROVE FORM AND FOR ENTRY OF FINAL JUDGMENT of 252 Opposed Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTION TO APPROVE FORM AND FOR ENTRY OF FINAL JUDGMENT by EcoFactor, Inc. by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 08/09/2023) (0)
Aug 3, 2023 254 CERTIFICATE OF SERVICE by Ecobee, Inc. 253 Sealed Document: Ecobee, Inc.'s Opposition to Ecofactor, Inc.'s Motion to Approve Form and For Entry of Final Judgment of 252 Opposed Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTION TO APPROVE FORM AND FOR ENTRY OF FINAL JUDGMENT (Ainsworth, Jennifer) (Entered: 08/03/2023) (2)
Aug 2, 2023 253 Sealed Document: Ecobee, Inc.'s Opposition to Ecofactor, Inc.'s Motion to Approve Form and For Entry of Final Judgment of 252 Opposed Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTION TO APPROVE FORM AND FOR ENTRY OF FINAL JUDGMENT by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 1 - Complaint (-78 action), # 2 Exhibit 2 - Complaint (-428 action), # 3 Exhibit 3 - Docket (-78 action), # 4 Exhibit 4 - Docket (-428 action), # 5 Exhibit 5 - Joint Motion to Consolidate Actions, # 6 Exhibit 6 - Consolidation Order dated July 25, 2022, # 7 Exhibit 7 - Order Granting Joint Motion For Dismissal of U.S. Patent No. 9,194,597 Pursuant to Stipulation dated October 11, 2022, # 8 Exhibit 8 - Order Granting Joint Motion for Dismissal of U.S. Patent No. 8,740,100 Pursuant to Stipulation dated May 18, 2023, # 9 Exhibit 9 - EcoFactor's demonstrative exhibit PDX-0006 (Kennedy examination), # 10 Exhibit 10 - Transcript of Jury Trial Proceedings on June 23, 2023, Vol. 4, # 11 Exhibit 11 - Jury Verdict dated June 23, 2023, # 12 Exhibit 12 - Suppl. Rebuttal Expert Report of Melissa A. Bennis Regarding Pre-Judgment Interest dated August 1, 2023, # 13 Exhibit 13 - Initial Determination [Public Version] in TC Decision in Inv. No. 337-TA-1185 dated April 20, 2021, # 14 Exhibit 14 - ecobee's [Proposed] Final Judgments in Civil Actions) (Ainsworth, Jennifer) (Entered: 08/02/2023) (0)
Jul 19, 2023 252 Opposed Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTION TO APPROVE FORM AND FOR ENTRY OF FINAL JUDGMENT by EcoFactor, Inc. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Mirzaie, Reza) (Entered: 07/19/2023) (0)
Jun 23, 2023 239 SEALED TRIAL EXHIBITS. (zv) (Additional attachment(s) added on 6/28/2023: # 1 Pla_3, # 2 Pla_4, # 3 Pla_5, # 4 Pla_9, # 5 Pla_11_A, # 6 Pla_11_B, # 7 Pla_24, # 8 Pla_34, # 9 Pla_38, # 10 Pla_47, # 11 Pla_49, # 12 Pla_112, # 13 Pla_124) (zv). (Additional attachment(s) added on 6/28/2023: # 14 Pla_131, # 15 Pla_133, # 16 Pla_134, # 17 Pla_153, # 18 Pla_192, # 19 Pla_193, # 20 Pla_239) (zv). (Additional attachment(s) added on 6/28/2023: # 21 Pla_439, # 22 Pla_441, # 23 Pla_443, # 24 Pla_446, # 25 Pla_461, # 26 Pla_462, # 27 Pla_466, # 28 Pla_477, # 29 Pla_490) (zv). (Additional attachment(s) added on 6/28/2023: # 30 Pla_491, # 31 Pla_524, # 32 Pla_526, # 33 Pla_557, # 34 Pla_579, # 35 Pla_583, # 36 Pla_804, # 37 Pla_854, # 38 Pla_855, # 39 Pla_1080, # 40 Pla_1317, # 41 Pla_2577, # 42 Pla_2617) (zv). (Additional attachment(s) added on 6/28/2023: # 43 Def_0129, # 44 Def_0152, # 45 Def_0153, # 46 Def_0246, # 47 Def_0248, # 48 Def_0249, # 49 Def_0250, # 50 Def_0251, # 51 Def_0287, # 52 Def_0287_A, # 53 Def_0287_B, # 54 Def_0287_C, # 55 Def_0287_D, # 56 Def_0287_E) (zv). (Additional attachment(s) added on 6/28/2023: # 57 Def_0287_F, # 58 Def_0287_G, # 59 Def_0287_H, # 60 Def_0287_I, # 61 Def_0287_J, # 62 Def_0287_K, # 63 Def_0313, # 64 Def_0313_A, # 65 Def_0693, # 66 Def_0757, # 67 Def_0758, # 68 Def_0758_A) (zv). (Additional attachment(s) added on 6/28/2023: # 69 Def_0759, # 70 Def_0759_A, # 71 Def_0760, # 72 Def_0761, # 73 Def_0762, # 74 Def_0769, # 75 Def_0775, # 76 Def_0776, # 78 Def_0849, # 79 Def_0850, # 80 Def_0850_A) (zv). (Additional attachment(s) added on 6/28/2023: # 81 Def_0850_B, # 82 Def_0867, # 83 Def_0867_A, # 84 Def_0867_B, # 85 Def_0867_C, # 86 Def_0867_D, # 87 Def_1215, # 88 Def_1216, # 89 Def_1221, # 90 Def_1229, # 91 Def_1248, # 92 Def_1248_A, # 93 Def_1248_AA, # 94 Def_1248_B, # 95 Def_1248_BB) (zv). (Additional attachment(s) added on 6/28/2023: # 96 Def_1248_C, # 97 Def_1248_CC, # 98 Def_1248_D, # 99 Def_1248_DD, # 100 Def_1248_E, # 101 Def_1248_EE, # 102 Def_1248_F, # 103 Def_1248_FF, # 104 Def_1248_G, # 105 Def_1248_GG, # 106 Def_1248_H, # 107 Def_1248_I, # 108 Def_1248_J, # 109 Def_1248_K, # 110 Def_1248_L, # 111 Def_1248_M) (zv). (Additional attachment(s) added on 6/28/2023: # 112 Def_1248_N, # 113 Def_1248_O, # 114 Def_1248_P, # 115 Def_1248_Q, # 116 Def_1248_R, # 117 Def_1248_S, # 118 Def_1248_T, # 119 Def_1248_U, # 120 Def_1248_V, # 121 Def_1248_W, # 122 Def_1248_X, # 123 Def_1248_Y, # 124 Def_1248_Z, # 125 Def_1306, # 126 Def_1629, # 127 Def_2071) (zv). (Entered: 06/26/2023) (0)
Jun 23, 2023 240 TRIAL EXHIBITS. (zv) (Additional attachment(s) added on 6/26/2023: # 4 Pla_79, # 5 Pla_82, # 6 Pla_83, # 8 Pla_88, # 9 Pla_90, # 10 Pla_96, # 11 Pla_0101, # 12 Pla_102, # 13 Pla_103, # 14 Pla_105) (zv). (Additional attachment(s) added on 6/28/2023: # 15 Pla_106, # 16 Pla_107, # 17 Pla_256, # 18 Pla_292, # 19 Pla_296, # 20 Pla_298, # 21 Pla_311, # 22 Pla_312) (zv). (Additional attachment(s) added on 6/28/2023: # 23 Pla_359, # 24 Pla_385, # 25 Pla_408, # 26 Pla_422, # 27 Pla_509, # 28 Pla_514, # 29 Pla_519, # 30 Pla_567) (zv). (Additional attachment(s) added on 6/28/2023: # 31 Pla_589, # 32 Pla_2618, # 33 Def_0289_F, # 34 Def_0296, # 35 Def_0714, # 36 Def_0715, # 37 Def_0815, # 38 Def_0862, # 39 Def_1618, # 40 Joint_1, # 41 Joint_2, # 43 Joint_5, # 44 Joint_6) Video/Audio Recordings not uploaded for exhibits: Pla_278, Pla_284, and Pla_503 (zv). (Entered: 06/26/2023) (0)
Jun 23, 2023 242 JURY NOTE 1 SEALED pursuant to E-Government Act of 2002. (zv) (Entered: 06/26/2023) (0)
Jun 23, 2023 243 Jury Note #1 - Public Version. (zv) (Entered: 06/26/2023) (1)
Jun 23, 2023 244 JURY NOTE 2 SEALED pursuant to E-Government Act of 2002. (zv) (Entered: 06/26/2023) (0)
Jun 23, 2023 245 Jury Note #2 - Public Version. (zv) (Entered: 06/26/2023) (1)
Jun 23, 2023 246 JURY NOTE 3 SEALED pursuant to E-Government Act of 2002. (zv) (Entered: 06/26/2023) (0)
Jun 23, 2023 247 Jury Note #3 - Public Version. (zv) (Entered: 06/26/2023) (1)
Jun 23, 2023 248 JURY VERDICT (Redacted Version) filed. Unredacted Jury Verdict Sealed pursuant to E-Government Act of 2002. (zv) (Entered: 06/26/2023) (4)
Jun 23, 2023 250 Minute Entry for proceedings held before Judge Alan D Albright: Jury Trial completed on 6/23/2023. TRIAL HELD: CLOSING ARGUMENTS OF COUNSEL FOR PLAINTIFF AND DEFENDANT. JURY RETIRES TO DELIBERATE. JURY POLLED/DISCHARGED. TRIAL CONCLUDED. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(zv) (Entered: 06/28/2023) (0)
Jun 23, 2023 251 Witness List. (zv) (Entered: 06/28/2023) (2)
Jun 22, 2023 238 Minute Entry for proceedings held before Judge Alan D Albright: Jury Trial held on 6/22/2023. TRIAL HELD: EVIDENCE PRESENTED ON BEHALF OF PLAINTIFF AND DEFENDANT. DEFENDANT REST. COURT CHARGES JURY. TRIAL CONTINUED AND RECESSED TO: Friday, June 23, 2023 at 8:30am. Jury Trial set for 6/23/2023 08:30 AM before Judge Alan D Albright. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(zv) (Entered: 06/23/2023) (0)
Jun 22, 2023 241 Court's Instructions to Jury. (zv) (Entered: 06/26/2023) (30)
Jun 21, 2023 237 Minute Entry for proceedings held before Judge Alan D Albright: Jury Trial held on 6/21/2023. EVIDENCE PRESENTED ON BEHALF OF PLAINTIFF AND DEFENDANT. PLAINTIFF REST. TRIAL CONTINUED AND RECESSED TO: Thursday, June 22, 2023 at 9:00 AM. Jury Trial set for 6/22/2023 09:00 AM before Judge Alan D Albright. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(zv) (Entered: 06/22/2023) (0)
Jun 20, 2023 229 DEFICIENCY NOTICE: re 224 Sealed Document (lad) (Entered: 06/20/2023) (1)
Jun 20, 2023 230 DEFICIENCY NOTICE: re 225 Sealed Document (lad) (Entered: 06/20/2023) (1)
Jun 20, 2023 231 DEFICIENCY NOTICE: re 226 Sealed Document (lad) (Entered: 06/20/2023) (1)
Jun 20, 2023 232 ORDER GRANTING 227 Motion to Appear Pro Hac Vice for Attorney Sean M. McCarthy. Attorney added for Ecobee, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1) (Entered: 06/20/2023) (1)
Jun 20, 2023 233 ATTACHMENT Certificate of Service to 225 Sealed Document, 230 Deficiency Notice by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 06/20/2023) (3)
Jun 20, 2023 234 ATTACHMENT Certificate of Service to 231 Deficiency Notice, 226 Sealed Document by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 06/20/2023) (3)
Jun 20, 2023 235 ATTACHMENT Certificate of Service to 229 Deficiency Notice, 224 Sealed Document by Ecobee, Inc.. (Carroll, Timothy) (Entered: 06/20/2023) (3)
Jun 20, 2023 236 Minute Entry for proceedings held before Judge Alan D Albright: Jury Trial begun on 6/20/2023. TRIAL HELD: OPENING STATEMENTS OF COUNSEL FOR PLAINTIFF AND DEFENDANT HEARD. EVIDENCE PRESENTED ON BEHALF OF PLAINTIFF AND DEFENDANT. TRIAL CONTINUED AND RECESSED TO: Wednesday, June 21, 2023 at 8:30am. Jury Trial set for 6/21/2023 08:30 AM before Judge Alan D Albright. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(zv) (Entered: 06/22/2023) (0)
Jun 19, 2023 227 MOTION to Appear Pro Hac Vice by Timothy J. Carroll for Sean M. McCarthy ( Filing fee $ 100 receipt number ATXWDC-17566925) by on behalf of Ecobee, Inc.. (Carroll, Timothy) (Main Document 227 replaced on 6/20/2023) (lad). (Entered: 06/19/2023) (4)
Jun 17, 2023 224 Sealed Document: ecobee's Exhibit List, June 17, 2023 by Ecobee, Inc. (Carroll, Timothy) (Entered: 06/17/2023) (0)
Jun 17, 2023 225 Sealed Document: Exhibit List by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 06/17/2023) (0)
Jun 17, 2023 226 Sealed Document: PARTIES' FINAL JOINT EXHIBIT LIST AND ECOFACTOR'S FINAL PHYSICAL EXHIBIT LIST by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 06/17/2023) (0)
Jun 17, 2023 228 Transcript filed of Proceedings held on 6/14/2023, Proceedings Transcribed: Jury Selection. Court Reporter/Transcriber: Dipti Patel, Telephone number: (847) 848-4907. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 7/10/2023, Redacted Transcript Deadline set for 7/18/2023, Release of Transcript Restriction set for 9/15/2023, (bc) (Entered: 06/20/2023) (0)
Jun 16, 2023 223 Minute Entry for proceedings held before Judge Alan D Albright: Miscellaneous Hearing (FINAL PRETRIAL DISPUTES) held on 6/16/2023.PARTIES ANNOUNCE READY. STATEMENTS AND ARGUMENTS OF COUNSEL HEARD. WRITTEN ORDER FORTHCOMING. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(zv) (Main Modified to show correct court reporter on 7/26/2023 (jc5). (Entered: 06/16/2023) (0)
Jun 15, 2023 221 TRANSCRIPT REQUEST by Ecobee, Inc. for proceedings held on June 14, 2023. Proceedings Transcribed: Voir Dire. Court Reporter: FTR. (Carroll, Timothy) (Entered: 06/15/2023) (2)
Jun 15, 2023 222 ORDER SETTING FINAL PRETRIAL DISPUTES. Miscellaneous Hearing (FINAL PRETRIAL DISPUTES) by Zoom set for 6/16/2023 03:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (zv) (Entered: 06/15/2023) (1)
Jun 14, 2023 219 Minute Entry for proceedings held before Judge Jeffrey C. Manske: Jury Selection held on 6/14/2023. VOIR DIRE BEGINS. JURY SELECTION HELD. JURORS SWORN. TRIAL TO BEGIN WITH JUDGE ALBRIGHT: Tuesday, June 20, 2023 at 9:00 a.m. Jury Trial set for 6/20/2023 09:00 AM before Judge Alan D Albright. (Minute entry documents are not available electronically) (Court Reporter FTR.)(zv) (Entered: 06/14/2023) (0)
Jun 14, 2023 220 TRANSCRIPT REQUEST by EcoFactor, Inc. for proceedings held on June 14, 2023. Proceedings Transcribed: Voire Dire. Court Reporter: FTR. (Davis, Kristopher) (Entered: 06/14/2023) (2)
Jun 13, 2023 218 TRANSCRIPT REQUEST Motion for Reconsideration by Ecobee, Inc. for proceedings held on 06/12/2023. Proceedings Transcribed: Motion for Reconsideration.. (Ainsworth, Jennifer) (Entered: 06/13/2023) (1)
Jun 12, 2023 213 NOTICE of Attorney Appearance by Adam Hoffman on behalf of EcoFactor, Inc.. Attorney Adam Hoffman added to party EcoFactor, Inc.(pty:pla), Attorney Adam Hoffman added to party EcoFactor, Inc.(pty:cd) (Hoffman, Adam) (Entered: 06/12/2023) (1)
Jun 12, 2023 214 TRANSCRIPT REQUEST by EcoFactor, Inc. for proceedings held on June 12, 2023. Proceedings Transcribed: Motion for Reconsideration. Court Reporter: Lily Reznik. (Hoffman, Adam) (Entered: 06/12/2023) (2)
Jun 12, 2023 215 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 6/12/2023 re Motion for Reconsideration. Parties announce ready. Statements and arguments of counsel heard. Written Order forthcoming(Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(sm3) (Entered: 06/12/2023) (0)
Jun 12, 2023 216 Jury Partial Sequestration ORDER. Signed by Judge Alan D Albright. (sm3) (Entered: 06/13/2023) (1)
Jun 12, 2023 217 NOTICE of Trial Procedures. Jury Selection set for 6/14/2023 09:00AM before Judge Jeffrey C. Manske. Jury Trial set for 6/20/2023 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (sm3) (Entered: 06/13/2023) (4)
Jun 7, 2023 211 ORDER Resetting Motion for Reconsideration by private zoom for 6/12/2023 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (sm3) (Entered: 06/07/2023) (1)
Jun 7, 2023 212 Proposed Jury Instructions by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 06/07/2023) (27)
Jun 6, 2023 210 Sealed Document: PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANTS MOTION FOR RECONSIDERATION OF THE ORDERS GRANTING-IN-PART PLAINTIFF ECOFACTOR, INCS MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS of 199 Sealed Motion Mot for Consideration of the Orders Granting-in-Part Plaintiff's Motion to Exclude Expert Opinions of Ecobee's Damages Expert Melissa Bennis by Ecobee, Inc. by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 06/06/2023) (0)
Jun 1, 2023 208 ORDER TAKING UNDER ADVISEMENT 65 Sealed Motion; GRANTING IN PART AND DENYING IN PART 66 Sealed Motion; DENYING 67 Sealed Motion; DENYING 68 Sealed Motion; DENYING 69 Sealed Motion; GRANTING IN PART AND DENYING IN PART 70 Sealed Motion; DENYING 71 Sealed Motion; GRANTING 73 Sealed Motion Signed by Judge Alan D Albright. (sm3) (Entered: 06/01/2023) (3)
Jun 1, 2023 209 ORDER GRANTING IN PART AND DENYING IN PART 124 Sealed Motion; GRANTING IN PART AND DENYING IN PART 127 Sealed Motion Signed by Judge Alan D Albright. (sm3) (Entered: 06/01/2023) (5)
May 31, 2023 207 Sealed Document: Opposition to Pl's Motion for Leave to Supplement Its Damages Expert Report and Cross-Motion to Exclude Evidence or Argument Concerning Pl's Settlement with Amazon of 200 Sealed Motion for Leave to Supplement Expert Report by EcoFactor, Inc. by Ecobee, Inc. (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 Exhibit J, # 11 Exhibit K, # 12 Proposed Order Order Granting Cross-Motion to Exclude Evidence or Argument Concerning Ecofactor's Settlement with Amazon) (Ainsworth, Jennifer) (Entered: 05/31/2023) (0)
May 26, 2023 205 ORDER GRANTING 203 Motion to Appear Pro Hac Vice for Attorney Eric T. Harmon. Attorney added for Ecobee, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1) (Entered: 05/26/2023) (1)
May 26, 2023 206 ORDER GRANTING 204 Motion to Appear Pro Hac Vice for Attorney Michael P. Sandonato. Attorney added for Ecobee, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1) (Entered: 05/26/2023) (1)
May 25, 2023 202 CERTIFICATE OF SERVICE by EcoFactor, Inc. 200 Sealed Motion for Leave to Supplement Expert Report by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 05/25/2023) (1)
May 25, 2023 203 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth for Eric T. Harmon ( Filing fee $ 100 receipt number ATXWDC-17485223) by on behalf of Ecobee, Inc.. (Ainsworth, Jennifer) (Entered: 05/25/2023) (4)
May 25, 2023 204 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth for Michael P. Sandonato ( Filing fee $ 100 receipt number ATXWDC-17485335) by on behalf of Ecobee, Inc.. (Ainsworth, Jennifer) (Entered: 05/25/2023) (4)
May 24, 2023 200 Sealed Motion for Leave to Supplement Expert Report by EcoFactor, Inc. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Mirzaie, Reza) (Entered: 05/24/2023) (0)
May 24, 2023 201 DEFICIENCY NOTICE: re 200 Sealed Motion for Leave to Supplement Expert Report by EcoFactor, Inc. (sm3) (Entered: 05/25/2023) (1)
May 22, 2023 199 Sealed Motion Mot for Consideration of the Orders Granting-in-Part Plaintiff's Motion to Exclude Expert Opinions of Ecobee's Damages Expert Melissa Bennis by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Proposed Order Order Granting Def's Motion for Reconsideration) (Ainsworth, Jennifer) (Entered: 05/22/2023) (0)
May 18, 2023 198 ORDER GRANTING 197 JOINT MOTION FOR DISMISSAL OF U.S. PATENT NO.8,740,100 PURSUANT TO STIPULATION. Signed by Judge Alan D Albright. (zv) (Entered: 05/18/2023) (2)
May 17, 2023 197 Joint MOTION to Dismiss FOR DISMISSAL OF U.S. PATENT NO. 8,740,100 PURSUANT TO STIPULATION by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 05/17/2023) (0)
May 16, 2023 196 NOTICE to Attorneys regarding Jury Evidence Recording System (JERS) Instructions. (zv) (Entered: 05/16/2023) (3)
May 15, 2023 189 ORDER GRANTING 173 Motion to Withdraw as Attorney (Michael R. Annis). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 15, 2023 190 ORDER GRANTING 175 Motion to Withdraw as Attorney (Kara R. Fussner). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 15, 2023 191 ORDER GRANTING 176 Motion to Withdraw as Attorney (Daisy Manning). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 15, 2023 192 ORDER GRANTING 170 Motion to Withdraw as Attorney (Andrea L. Shoffstall). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 15, 2023 193 ORDER GRANTING 172 Motion to Withdraw as Attorney (Paul L. Smelcer). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 15, 2023 194 ORDER GRANTING 174 Motion to Withdraw as Attorney (Rudolph A. Telscher, Jr.). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 15, 2023 195 ORDER GRANTING 171 Motion to Withdraw as Attorney (Brendan R. Zee-Cheng). Signed by Judge Alan D Albright. (zv) (Entered: 05/15/2023) (1)
May 12, 2023 188 TRANSCRIPT REQUEST by Ecobee, Inc. for proceedings held on 05/11/2023. Proceedings Transcribed: Pre-Trial.. (Ainsworth, Jennifer) (Main Document 188 replaced on 5/12/2023) (lad). (Entered: 05/12/2023) (2)
May 11, 2023 186 TRANSCRIPT REQUEST by EcoFactor, Inc. for proceedings held on May 11, 2023. Proceedings Transcribed: Pretrial Conference. Court Reporter: Kristie Davis. (Mirzaie, Reza) (Entered: 05/11/2023) (2)
May 11, 2023 187 Minute Entry for proceedings held before Judge Alan D Albright: Pretrial Conference held on 5/11/2023. STATEMENTS AND ARGUMENTS OF COUNSEL HEARD, WRITTEN ORDER FORTHCOMING (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lad) (Entered: 05/12/2023) (0)
May 10, 2023 177 CLAIM CONSTRUCTION ORDER. Signed by Judge Alan D Albright. (zv) (Entered: 05/10/2023) (7)
May 10, 2023 178 ATTACHMENT Certificate of Conference as to 172 MOTION to Withdraw as Attorney Paul L. Smelcer, 170 MOTION to Withdraw as Attorney Andrea L. Shoffstall, 176 MOTION to Withdraw as Attorney Daisy Manning, 171 MOTION to Withdraw as Attorney Brendan R. Zee-Cheng, 173 MOTION to Withdraw as Attorney Michael R. Annis, 174 MOTION to Withdraw as Attorney Rudolph A. Telscher, Jr., 175 MOTION to Withdraw as Attorney Kara R. Fussner by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (3)
May 10, 2023 179 Proposed Order to 170 MOTION to Withdraw as Attorney Andrea L. Shoffstall by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 10, 2023 180 Proposed Order to 171 MOTION to Withdraw as Attorney Brendan R. Zee-Cheng by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 10, 2023 181 Proposed Order to 172 MOTION to Withdraw as Attorney Paul L. Smelcer by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 10, 2023 182 Proposed Order to 173 MOTION to Withdraw as Attorney Michael R. Annis by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 10, 2023 183 Proposed Order to 174 MOTION to Withdraw as Attorney Rudolph A. Telscher, Jr. by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 10, 2023 184 Proposed Order to 175 MOTION to Withdraw as Attorney Kara R. Fussner by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 10, 2023 185 Proposed Order to 176 MOTION to Withdraw as Attorney Daisy Manning by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/10/2023) (1)
May 9, 2023 170 MOTION to Withdraw as Attorney Andrea L. Shoffstall by Ecobee, Inc.. (Shoffstall, Andrea) (Entered: 05/09/2023) (3)
May 9, 2023 171 MOTION to Withdraw as Attorney Brendan R. Zee-Cheng by Ecobee, Inc.. (Zee-Cheng, Brendan) (Entered: 05/09/2023) (3)
May 9, 2023 172 MOTION to Withdraw as Attorney Paul L. Smelcer by Ecobee, Inc.. (Smelcer, Paul) (Entered: 05/09/2023) (3)
May 9, 2023 173 MOTION to Withdraw as Attorney Michael R. Annis by Ecobee, Inc.. (Annis, Michael) (Entered: 05/09/2023) (3)
May 9, 2023 174 MOTION to Withdraw as Attorney Rudolph A. Telscher, Jr. by Ecobee, Inc.. (Telscher, Rudolph) (Entered: 05/09/2023) (3)
May 9, 2023 175 MOTION to Withdraw as Attorney Kara R. Fussner by Ecobee, Inc.. (Fussner, Kara) (Entered: 05/09/2023) (3)
May 9, 2023 176 MOTION to Withdraw as Attorney Daisy Manning by Ecobee, Inc.. (Manning, Daisy) (Entered: 05/09/2023) (3)
May 4, 2023 169 Redacted Copy of 153 Opposed Sealed Motion FOR LEAVE TO FILE ADDITIONAL MOTION IN LIMINE by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Proposed Order)(Mirzaie, Reza) (Entered: 05/04/2023) (0)
May 3, 2023 167 ORDER RESETTING Pretrial Conference for 5/11/2023 09:00 AM in Austin before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 05/03/2023) (1)
May 3, 2023 168 Sealed Document filed: Defendant's Supplemental Brief (A) In Opposition To Plaintiff Ecofactor's Opposed Motions In Limine 127 , (B) in Support of Defendant's Motion In Limine 124 , (C) In Support Of Defendant's Motion To Exlude The Testimony of Plaintiff's Damages Expert, Mr. David Kennedy 67 , and (D) In Opposition To Plaintiff Ecofactor, Inc's Motion To Exclude Expert Opinions Of Ecobee's Damages Expert Melissa Bennis 73 . (Attachments: # 1 Exhibit A, # 2 Exhibit B) (zv) (Entered: 05/04/2023) (0)
Apr 27, 2023 166 Motion for leave to File Sealed Document (Attachments: # 1 Supplement Brief on MILs & Kennedy & Bennis Motions, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order Order on Motion for Leave to File) (Ainsworth, Jennifer) (Entered: 04/27/2023) (0)
Apr 21, 2023 165 NOTICE JOINT NOTICE IDENTIFYING REMAINING OBJECTIONS TO PRETRIAL DISCLOSURES AND DISPUTES ON MOTIONS IN LIMINE by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 04/21/2023) (7)
Apr 20, 2023 164 NOTICE of Change of Address by Jennifer Parker Ainsworth (Ainsworth, Jennifer) (Entered: 04/20/2023) (2)
Apr 19, 2023 163 Sealed Document: Ecobee's Opposition to EcoFactor's Motion in Limine #13 of 153 Opposed Sealed Motion FOR LEAVE TO FILE ADDITIONAL MOTION IN LIMINE by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order Order Denying Plaintiff Ecofactor's Opposed Motion in Limine) (Ainsworth, Jennifer) (Entered: 04/19/2023) (0)
Apr 14, 2023 158 NOTICE of Request for Real Time Reporting & Daily Transcripts of Court Proceedings by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 04/14/2023) (3)
Apr 14, 2023 159 ORDER RESETTING Pretrial Conference for 5/11/2023 09:00 AM in Waco before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 04/14/2023) (1)
Apr 14, 2023 160 ORDER RESETTING Jury Trial for 6/20/2023 09:00 AM in Waco before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 04/14/2023) (1)
Apr 14, 2023 161 Order Cancelling Initial Pretrial Conference on 4/27/2023 at 1:30 p.m. and setting Pretrial Conference on 5/11/2023 at 9:00 a.m. before Alan D Albright. (Entered: 04/14/2023) (1)
Apr 14, 2023 162 NOTICE OF REQUEST FOR REALTIME REPORTING AND DAILY TRANSCRIPTS OF COURT PROCEEDINGS by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 04/14/2023) (3)
Apr 12, 2023 156 ORDER Setting Initial Pretrial Conference in person for 4/27/2023 01:30 PM before Judge Derek T. Gilliland,). Signed by Judge Derek T. Gilliland. (sm3) (Entered: 04/12/2023) (1)
Apr 12, 2023 157 ORDER Setting Initial Pretrial Conference set for 4/27/2023 01:30 PM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (sm3) (Entered: 04/12/2023) (1)
Apr 10, 2023 154 DEFICIENCY NOTICE: re 153 Opposed Sealed Motion FOR LEAVE TO FILE ADDITIONAL MOTION IN LIMINE by EcoFactor, Inc. (sm3) (Entered: 04/10/2023) (1)
Apr 10, 2023 155 Sealed Document: ATTACHMENT TO PLAINTIFFS OPPOSED MOTION FOR LEAVE TO FILE ADDITIONAL MOTION IN LIMINE Corrected Certificate of Service of 153 Opposed Sealed Motion FOR LEAVE TO FILE ADDITIONAL MOTION IN LIMINE by EcoFactor, Inc. by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 04/10/2023) (0)
Apr 6, 2023 148 Unopposed MOTION to Withdraw and Substitute Exhibits re 71 Sealed Motion DEFENDANT ECOBEE, INC.S MOTION FOR PARTIAL SUMMARY JUDGMENT by Ecobee, Inc. by Ecobee, Inc.. (Attachments: # 1 Exhibit 13 coversheet, # 2 Exhibit 15 coversheet, # 3 Exhibit 18 coversheet, # 4 Exhibit 19 coversheet, # 5 Proposed Order)(Ainsworth, Jennifer) (Entered: 04/06/2023) (0)
Apr 6, 2023 149 Unopposed MOTION to Withdraw and Substitute Exhibits re 86 Sealed Document,, by Ecobee, Inc.. (Attachments: # 1 Exhibit 13 coversheet, # 2 Exhibit 16 coversheet, # 3 Exhibit 17 coversheet, # 4 Proposed Order)(Ainsworth, Jennifer) (Entered: 04/06/2023) (0)
Apr 6, 2023 150 ATTACHMENT (PUBLIC EXHIBITS) to 76 Redacted Copy,,, by Ecobee, Inc.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 15, # 3 Exhibit 18, # 4 Exhibit 19)(Ainsworth, Jennifer) (Entered: 04/06/2023) (0)
Apr 6, 2023 151 ATTACHMENT (PUBLIC EXHIBITS) to 103 Redacted Copy,, by Ecobee, Inc.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 16, # 3 Exhibit 17)(Ainsworth, Jennifer) (Entered: 04/06/2023) (0)
Apr 6, 2023 152 NOTICE Regarding Sealed Document by Ecobee, Inc. re 76 Redacted Copy,,, (Ainsworth, Jennifer) (Entered: 04/06/2023) (2)
Apr 6, 2023 153 Opposed Sealed Motion FOR LEAVE TO FILE ADDITIONAL MOTION IN LIMINE by EcoFactor, Inc. (Attachments: # 1 Declaration of Kristopher R. Davis, # 2 Exhibit A, # 3 Proposed Order) (Mirzaie, Reza) (Entered: 04/06/2023) (0)
Mar 14, 2023 146 Pretrial Disclosures JOINT PRETRIAL ORDER by EcoFactor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit E-1, # 6 Exhibit E-2, # 7 Exhibit E-3, # 8 Exhibit E-4, # 9 Exhibit F-1, # 10 Exhibit F-1A, # 11 Exhibit F-2, # 12 Exhibit F-4, # 13 Exhibit G-1, # 14 Exhibit G-2A, # 15 Exhibit G-2B, # 16 Exhibit G-2C, # 17 Exhibit G-3, # 18 Exhibit H-1, # 19 Exhibit H-2, # 20 Exhibit H-3, # 21 Exhibit H-4)(Mirzaie, Reza) (Entered: 03/14/2023) (0)
Mar 14, 2023 147 Sealed Document: INDEX OF CONFIDENTIAL EXHIBITS TO DKT NO. 146 JOINT PRETRIAL ORDER of 146 Pretrial Disclosures,, by EcoFactor, Inc. (Attachments: # 1 Exhibit D-2, # 2 Exhibit D-3A, # 3 Exhibit D-3B, # 4 Exhibit F-3, # 5 Exhibit G-4, # 6 Exhibit I-1A, # 7 Exhibit I-1B, # 8 Exhibit I-1C, # 9 Exhibit I-2A, # 10 Exhibit I-2B, # 11 Exhibit I-2C) (Mirzaie, Reza) (Entered: 03/14/2023) (0)
Mar 7, 2023 145 STIPULATION NOTICE OF JOINT STIPULATION REGARDING EXTENSION OF DEADLINE by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 03/07/2023) (2)
Feb 28, 2023 143 Redacted Copy DEFENDANT ECOBEE, INC.'S REPLY IN SUPPORT OF ITS MOTIONS IN LIMINE of 139 Sealed Document, by Ecobee, Inc.. (Attachments: # 1 Exhibit 11 (SEALED), # 2 Exhibit 12 (SEALED), # 3 Exhibit 13 (SEALED), # 4 Exhibit 14 (SEALED), # 5 Exhibit 15 (SEALED))(Ainsworth, Jennifer) (Entered: 02/28/2023) (0)
Feb 28, 2023 144 Redacted Copy PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS OPPOSED MOTIONS IN LIMINE of 141 Sealed Document by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 02/28/2023) (15)
Feb 27, 2023 142 NOTICE of Joint Stipulation Regarding Extension of Deadline by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 02/27/2023) (3)
Feb 21, 2023 138 Redacted Copy ECOBEE'S OPPOSITION TO ECOFACTOR'S OPPOSED MOTIONS IN LIMINE of 134 Sealed Document, by Ecobee, Inc.. (Attachments: # 1 Exhibit 1 (SEALED), # 2 Exhibit 2 (SEALED), # 3 Exhibit 3 (SEALED), # 4 Proposed Order)(Ainsworth, Jennifer) (Entered: 02/21/2023) (0)
Feb 21, 2023 139 Sealed Document: DEFENDANT ECOBEE, INC.'S REPLY IN SUPPORT OF ITS MOTIONS IN LIMINE of 124 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTIONS IN LIMINE by Ecobee, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15) (Ainsworth, Jennifer) (Entered: 02/21/2023) (0)
Feb 21, 2023 140 Redacted Copy PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANT ECOBEE, INC.S MOTIONS IN LIMINE of 135 Sealed Document, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 02/21/2023) (18)
Feb 21, 2023 141 Sealed Document: PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS OPPOSED MOTIONS IN LIMINE of 127 Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTIONS IN LIMINE by EcoFactor, Inc. by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 02/21/2023) (0)
Feb 17, 2023 137 NOTICE of Joint Stipulation Regarding Extension of Deadline by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 02/17/2023) (3)
Feb 14, 2023 134 Sealed Document: ECOBEE'S OPPOSITION TO ECOFACTOR'S OPPOSED MOTIONS IN LIMINE of 127 Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTIONS IN LIMINE by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order) (Ainsworth, Jennifer) (Entered: 02/14/2023) (0)
Feb 14, 2023 135 Sealed Document: PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANT ECOBEE, INC.S MOTIONS IN LIMINE of 124 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTIONS IN LIMINE by Ecobee, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H) (Mirzaie, Reza) (Entered: 02/14/2023) (0)
Feb 14, 2023 136 AFFIDAVIT in Support of 135 Sealed Document, PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANT ECOBEE, INC.S MOTIONS IN LIMINE by EcoFactor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit D)(Davis, Kristopher) (Entered: 02/14/2023) (0)
Feb 7, 2023 131 NOTICE of Joint Stipulation Regarding Extension of Deadlines by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 02/07/2023) (3)
Feb 7, 2023 132 Redacted Copy of 124 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTIONS IN LIMINE by Ecobee, Inc. by Ecobee, Inc.. (Attachments: # 1 Exhibit 1 (SEALED), # 2 Exhibit 2 (SEALED), # 3 Exhibit 3 (SEALED), # 4 Exhibit 4 (SEALED), # 5 Exhibit 5 (SEALED), # 6 Exhibit 6 (SEALED), # 7 Exhibit 7 (SEALED), # 8 Exhibit 8 (SEALED), # 9 Exhibit 9 (SEALED), # 10 Exhibit 10 (SEALED))(Ainsworth, Jennifer) (Entered: 02/07/2023) (0)
Feb 7, 2023 133 Redacted Copy of 127 Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTIONS IN LIMINE by EcoFactor, Inc. by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 02/07/2023) (22)
Feb 1, 2023 129 ORDER RESETTING Pretrial Conference for 4/27/2023 09:00 AM in Waco before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 02/01/2023) (1)
Feb 1, 2023 130 ORDER, Jury Selection and Trial set for 5/8/2023 09:00 AM in Waco before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 02/01/2023) (1)
Jan 31, 2023 124 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTIONS IN LIMINE by Ecobee, Inc. (Attachments: # 1 Exhibit 1 (part 1), # 2 Exhibit 1 (part 2), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Proposed Order) (Ainsworth, Jennifer) (Entered: 01/31/2023) (0)
Jan 31, 2023 125 DEFICIENCY NOTICE: re 124 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTIONS IN LIMINE by Ecobee, Inc. (lad) (Entered: 01/31/2023) (1)
Jan 31, 2023 126 ATTACHMENT Corrected Certificate of Service to 124 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTIONS IN LIMINE by Ecobee, Inc., 125 Deficiency Notice by Ecobee, Inc.. (Ainsworth, Jennifer) (Entered: 01/31/2023) (4)
Jan 31, 2023 127 Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTIONS IN LIMINE by EcoFactor, Inc. (Attachments: # 1 Exhibit B, # 2 Proposed Order) (Mirzaie, Reza) (Attachment 2 replaced on 4/12/2023) (sm3). (Entered: 01/31/2023) (0)
Jan 31, 2023 128 AFFIDAVIT in Support of 127 Sealed Motion PLAINTIFF ECOFACTOR, INC.S OPPOSED MOTIONS IN LIMINE by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D)(Davis, Kristopher) (Entered: 01/31/2023) (0)
Jan 27, 2023 116 Redacted Copy PLAINTIFF ECOFACTOR, INC.'S REPLY IN SUPPORT OF MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S DAMAGES EXPERT MELISSA BENNIS of 111 Sealed Document, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 01/27/2023) (13)
Jan 27, 2023 117 Redacted Copy PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES of 110 Sealed Document,, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 01/27/2023) (9)
Jan 27, 2023 118 Redacted Copy PLAINTIFF ECOFACTOR, INC.'S REPLY IN SUPPORT OF MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S DAMAGES EXPERT MICHELE RILEY of 94 Sealed Document, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 01/27/2023) (8)
Jan 27, 2023 119 Redacted Copy PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES of 108 Sealed Document, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 01/27/2023) (16)
Jan 27, 2023 120 Redacted Copy DEFENDANT ECOBEE'S REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT of 100 Sealed Document, by Ecobee, Inc.. (Attachments: # 1 Exhibit A (SEALED))(Ainsworth, Jennifer) (Entered: 01/27/2023) (0)
Jan 27, 2023 121 Redacted Copy DEFENDANT ECOBEE'S REPLY IN SUPPORT OF MOTION TO STRIKE PLAINTIFF'S NEW, UNDISCLOSED AND UNTIMELY EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY of 99 Sealed Document, by Ecobee, Inc.. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21 (SEALED))(Ainsworth, Jennifer) (Entered: 01/27/2023) (0)
Jan 27, 2023 122 Redacted Copy DEFENDANT ECOBEE'S REPLY IN SUPPORT OF DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S DAMAGES EXPERT, MR. DAVID KENNEDY of 98 Sealed Document, by Ecobee, Inc.. (Ainsworth, Jennifer) (Entered: 01/27/2023) (15)
Jan 27, 2023 123 ORDER on Scheduling Dispute. IT IS ORDERED that ecobees request to modify certain pretrial dates in the scheduling order is DENIED. Signed by Judge Alan D Albright. (sm3) (Entered: 01/27/2023) (2)
Jan 25, 2023 115 ORDER Setting Pretrial Conference for 2/28/2023 09:00 AM in Waco before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 01/25/2023) (1)
Jan 23, 2023 112 DEFICIENCY NOTICE: re 108 Sealed Document, (sm3) (Entered: 01/23/2023) (1)
Jan 23, 2023 113 DEFICIENCY NOTICE: re 110 Sealed Document,, (sm3) (Entered: 01/23/2023) (1)
Jan 23, 2023 114 ATTACHMENT Corrected Certificate of Service to 110 Sealed Document,, 108 Sealed Document, 113 Deficiency Notice, 112 Deficiency Notice by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 01/23/2023) (3)
Jan 20, 2023 95 Redacted Copy PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANTS DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS DAMAGES EXPERT, DAVID KENNEDY of 88 Sealed Document,, by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, Declaration of James Pickens)(Mirzaie, Reza) (Entered: 01/20/2023) (0)
Jan 20, 2023 96 Redacted Copy PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT of 92 Sealed Document, by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, Declaration of James Pickens)(Mirzaie, Reza) (Entered: 01/20/2023) (0)
Jan 20, 2023 97 Redacted Copy PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANTS MOTION TO STRIKE EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY of 89 Sealed Document,, by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 01/20/2023) (25)
Jan 20, 2023 98 Sealed Document: DEFENDANT ECOBEE'S REPLY IN SUPPORT OF DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S DAMAGES EXPERT, MR. DAVID KENNEDY of 67 Sealed Motion DEFENDANT ECOBEE, INC.'S DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S DAMAGES EXPERT, MR. DAVID KENNEDY by Ecobee, Inc. by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 99 Sealed Document: DEFENDANT ECOBEE'S REPLY IN SUPPORT OF MOTION TO STRIKE PLAINTIFF'S NEW, UNDISCLOSED AND UNTIMELY EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY of 70 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTION TO STRIKE PLAINTIFF'S NEW, UNDISCLOSED AND UNTIMELY EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY by Ecobee, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21) (Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 100 Sealed Document: DEFENDANT ECOBEE'S REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT of 71 Sealed Motion DEFENDANT ECOBEE, INC.S MOTION FOR PARTIAL SUMMARY JUDGMENT by Ecobee, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit A) (Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 101 Redacted Copy DEFENDANT ECOBEE'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES of 85 Sealed Document,, by Ecobee, Inc.. (Attachments: # 1 Exhibit 1 (SEALED), # 2 Exhibit 2 (SEALED), # 3 Exhibit 3 (SEALED), # 4 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 102 Redacted Copy DEFENDANT ECOBEE'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF BRIAN D'ANDRADE, PH.D. AND MOTION FOR PARTIAL SUMMARY JUDGMENT of 84 Sealed Document,, by Ecobee, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (SEALED), # 5 Exhibit E, # 6 Exhibit F (SEALED), # 7 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 103 Redacted Copy DEFENDANT ECOBEE'S OPPOSITION TO ECOFACTOR'S MOTION FOR SUMMARY JUDGMENT OF ECOBEE'S AFFIRMATIVE DEFENSES of 86 Sealed Document,, by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (SEALED), # 5 Exhibit 5, # 6 Exhibit 6 (SEALED), # 7 Exhibit 7 (SEALED), # 8 Exhibit 8 (SEALED), # 9 Exhibit 9 (SEALED), # 10 Exhibit 10, # 11 Exhibit 11 (SEALED), # 12 Exhibit 12, # 13 Exhibit 13 (SEALED), # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16 (SEALED), # 17 Exhibit 17 (SEALED), # 18 Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 104 Redacted Copy DEFENDANT ECOBEE'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S DAMAGES EXPERT MELISSA BENNIS of 87 Sealed Document,, by Ecobee, Inc.. (Attachments: # 1 Exhibit 1 (SEALED), # 2 Exhibit 2 (SEALED), # 3 Exhibit 3 (SEALED), # 4 Exhibit 4 (SEALED), # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9 (SEALED), # 10 Exhibit 10 (SEALED), # 11 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 105 Redacted Copy DEFENDANT ECOBEE'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S DAMAGES EXPERT MICHELE RILEY of 83 Sealed Document, by Ecobee, Inc.. (Attachments: # 1 Exhibit 1 (SEALED), # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/20/2023) (0)
Jan 20, 2023 106 Sealed Document: PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS of 69 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES by EcoFactor, Inc. by EcoFactor, Inc. (Attachments: # 1 Affidavit of James Pickens, # 2 Exhibit 9) (Mirzaie, Reza) Filed in error per atty. Moving to withdraw. (lad). (Entered: 01/20/2023) (0)
Jan 20, 2023 107 REPLY to Response to Motion, filed by EcoFactor, Inc., re 68 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF BRIAN DANDRADE, PH.D. AND MOTION FOR PARTIAL SUMMARY JUDGMENT by EcoFactor, Inc. filed by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 01/20/2023) (9)
Jan 20, 2023 108 Sealed Document: PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES of 66 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES by EcoFactor, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit D, # 2 Exhibit E) (Mirzaie, Reza) (Entered: 01/20/2023) (0)
Jan 20, 2023 109 AFFIDAVIT in Support of 108 Sealed Document, PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES by EcoFactor, Inc.. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M)(Davis, Kristopher) (Entered: 01/20/2023) (0)
Jan 20, 2023 110 Sealed Document: PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES of 69 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES by EcoFactor, Inc. by EcoFactor, Inc. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I) (Mirzaie, Reza) (Entered: 01/20/2023) (0)
Jan 20, 2023 111 Sealed Document: PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS of 73 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS by EcoFactor, Inc. by EcoFactor, Inc. (Attachments: # 1 Affidavit of James Pickens, # 2 Exhibit 9) (Mirzaie, Reza) (Entered: 01/20/2023) (0)
Jan 19, 2023 94 Sealed Document: PLAINTIFF ECOFACTOR, INC.S REPLY IN SUPPORT OF MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MICHELE RILEY of 65 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MICHELE RILEY by EcoFactor, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit E, # 2 Exhibit F) (Mirzaie, Reza) (Entered: 01/19/2023) (0)
Jan 13, 2023 83 Sealed Document: DEFENDANT ECOBEE, INC.'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S DAMAGES EXPERT MICHELE RILEY of 65 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MICHELE RILEY by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Ainsworth, Jennifer) (Entered: 01/13/2023) (0)
Jan 13, 2023 84 Sealed Document: DEFENDANT ECOBEE, INC,'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF BRIAN D'ANDRADE, PH.D. AND MOTION FOR PARTIAL SUMMARY JUDGMENT of 68 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF BRIAN DANDRADE, PH.D. AND MOTION FOR PARTIAL SUMMARY JUDGMENT by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order) (Ainsworth, Jennifer) (Entered: 01/13/2023) (0)
Jan 13, 2023 85 Sealed Document: DEFENDANT ECOBEE, INC.'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES of 69 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order) (Ainsworth, Jennifer) (Entered: 01/13/2023) (0)
Jan 13, 2023 86 Sealed Document: DEFENDANT ECOBEE, INC.'S OPPOSITION TO ECOFACTOR'S MOTION FOR SUMMARY JUDGMENT OF ECOBEE'S AFFIRMATIVE DEFENSES of 66 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order) (Ainsworth, Jennifer) (Attachment 13 replaced on 4/12/2023) (sm3). (Attachment 16 replaced on 4/12/2023) (sm3). (Attachment 17 replaced on 4/12/2023) (sm3). (Entered: 01/13/2023) (0)
Jan 13, 2023 87 Sealed Document: DEFENDANT ECOBEE, INC.'S OPPOSITION TO ECOFACTOR'S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEE'S DAMAGES EXPERT MELISSA BENNIS of 73 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS by EcoFactor, Inc. by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Proposed Order) (Ainsworth, Jennifer) (Entered: 01/13/2023) (0)
Jan 13, 2023 88 Sealed Document: PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANTS DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS DAMAGES EXPERT, DAVID KENNEDY of 67 Sealed Motion DEFENDANT ECOBEE, INC.'S DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S DAMAGES EXPERT, MR. DAVID KENNEDY by Ecobee, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit 1 Declaration of James Pickens, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Mirzaie, Reza) (Entered: 01/13/2023) (0)
Jan 13, 2023 89 Sealed Document: PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANTS MOTION TO STRIKE EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY of 70 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTION TO STRIKE PLAINTIFF'S NEW, UNDISCLOSED AND UNTIMELY EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY by Ecobee, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit K, # 10 Exhibit M, # 11 Exhibit N, # 12 Exhibit O, # 13 Exhibit P, # 14 Exhibit Q, # 15 Exhibit S, # 16 Exhibit T, # 17 Exhibit U, # 18 Exhibit X, Declaration of James Pickens) (Mirzaie, Reza) (Entered: 01/13/2023) (0)
Jan 13, 2023 90 Sealed Document: EXHIBITS L AND W IN SUPPORT OF PLAINTIFF ECOFACTOR, INC.S OPPOSITION TO DEFENDANTS MOTION TO STRIKE EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY of 89 Sealed Document,, by EcoFactor, Inc. (Attachments: # 1 Exhibit W) (Mirzaie, Reza) (Entered: 01/13/2023) (0)
Jan 13, 2023 91 ATTACHMENT Public Exhibits A, J, R and V to 89 Sealed Document,, by EcoFactor, Inc.. (Attachments: # 1 Exhibit J, # 2 Exhibit R, # 3 Exhibit V)(Mirzaie, Reza) (Entered: 01/13/2023) (0)
Jan 13, 2023 92 Sealed Document: PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT of 71 Sealed Motion DEFENDANT ECOBEE, INC.S MOTION FOR PARTIAL SUMMARY JUDGMENT by Ecobee, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit 1, Declaration of James Pickens, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15, # 9 Exhibit 16) (Mirzaie, Reza) (Entered: 01/13/2023) (0)
Jan 13, 2023 93 ATTACHMENT PUBLIC EXHIBITS 2-4, 7-9, AND 12 IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT to 92 Sealed Document, by EcoFactor, Inc.. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 12)(Mirzaie, Reza) (Entered: 01/13/2023) (0)
Jan 9, 2023 75 Redacted Copy of 70 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTION TO STRIKE PLAINTIFF'S NEW, UNDISCLOSED AND UNTIMELY EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY by Ecobee, Inc. by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (SEALED), # 4 Exhibit 4, # 5 Exhibit 5 (SEALED), # 6 Exhibit 6, # 7 Exhibit 7 (SEALED), # 8 Exhibit 8 (SEALED), # 9 Exhibit 9 (SEALED), # 10 Exhibit 10 (SEALED), # 11 Exhibit 11, # 12 Exhibit 12 (SEALED), # 13 Exhibit 13 (SEALED), # 14 Exhibit 14 (SEALED), # 15 Exhibit 15, # 16 Exhibit 16 (SEALED), # 17 Exhibit 17 (SEALED), # 18 Exhibit 18 (SEALED), # 19 Exhibit 19 (SEALED), # 20 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/09/2023) (0)
Jan 9, 2023 76 Redacted Copy of 71 Sealed Motion DEFENDANT ECOBEE, INC.S MOTION FOR PARTIAL SUMMARY JUDGMENT by Ecobee, Inc. by Ecobee, Inc.. (Attachments: # 1 Exhibit 1 (SEALED), # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 (SEALED), # 7 Exhibit 7 (SEALED), # 8 Exhibit 8 (SEALED), # 9 Exhibit 9 (SEALED), # 10 Exhibit 10 (SEALED), # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13 (SEALED), # 14 Exhibit 14, # 15 Exhibit 15 (SEALED), # 16 Exhibit 16, # 17 Exhibit 17 (SEALED), # 18 Exhibit 18, # 19 Exhibit 19 (SEALED), # 20 Exhibit 20 (SEALED), # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Proposed Order)(Ainsworth, Jennifer) Exhibit 18 sealed at request of filing atty on 4/5/2023 (lad). (Entered: 01/09/2023) (0)
Jan 9, 2023 77 Redacted Copy of 67 Sealed Motion DEFENDANT ECOBEE, INC.'S DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S DAMAGES EXPERT, MR. DAVID KENNEDY by Ecobee, Inc. by Ecobee, Inc.. (Attachments: # 1 Exhibit A (SEALED), # 2 Exhibit B (SEALED), # 3 Exhibit C (SEALED), # 4 Exhibit D (SEALED), # 5 Exhibit E (SEALED), # 6 Exhibit F (SEALED), # 7 Exhibit G (SEALED), # 8 Exhibit H (SEALED), # 9 Exhibit I (SEALED), # 10 Proposed Order)(Ainsworth, Jennifer) (Entered: 01/09/2023) (0)
Jan 9, 2023 78 Redacted Copy of 73 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Affidavit of James Pickens, # 2 Exhibit 8, # 3 Proposed Order)(Mirzaie, Reza) (Entered: 01/09/2023) (0)
Jan 9, 2023 79 Redacted Copy of 68 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF BRIAN DANDRADE, PH.D. AND MOTION FOR PARTIAL SUMMARY JUDGMENT by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Affidavit of James Pickens, # 2 Exhibit 2, # 3 Proposed Order)(Mirzaie, Reza) (Entered: 01/09/2023) (0)
Jan 9, 2023 80 Redacted Copy of 69 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Proposed Order)(Mirzaie, Reza) (Entered: 01/09/2023) (0)
Jan 9, 2023 81 Redacted Copy of 65 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MICHELE RILEY by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Proposed Order)(Mirzaie, Reza) (Entered: 01/09/2023) (0)
Jan 9, 2023 82 Redacted Copy of 66 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES by EcoFactor, Inc. by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit C, # 4 Proposed Order)(Mirzaie, Reza) (Entered: 01/09/2023) (0)
Jan 4, 2023 74 NOTICE OF MOOTNESS REGARDING MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MICHELE RILEY PREVIOUSLY FILED IN CASE NO. 6:20-cv-00078-ADA by EcoFactor, Inc. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 01/04/2023) (0)
Dec 30, 2022 65 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MICHELE RILEY by EcoFactor, Inc. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order) (Mirzaie, Reza) (Entered: 12/30/2022) (0)
Dec 30, 2022 66 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION FOR SUMMARY JUDGMENT OF DEFENDANT ECOBEE, INC.S AFFIRMATIVE DEFENSES by EcoFactor, Inc. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order) (Mirzaie, Reza) (Entered: 12/30/2022) (0)
Dec 30, 2022 67 Sealed Motion DEFENDANT ECOBEE, INC.'S DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S DAMAGES EXPERT, MR. DAVID KENNEDY by Ecobee, Inc. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit B, # 4 Exhibit C (part 1), # 5 Exhibit C (part 2), # 6 Exhibit C (part 3), # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Proposed Order) (Ainsworth, Jennifer) (Entered: 12/30/2022) (0)
Dec 30, 2022 68 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF BRIAN DANDRADE, PH.D. AND MOTION FOR PARTIAL SUMMARY JUDGMENT by EcoFactor, Inc. (Attachments: # 1 Affidavit of James Pickens, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order) (Mirzaie, Reza) (Entered: 12/30/2022) (0)
Dec 30, 2022 69 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF DEFENDANT ECOBEE, INC.S EXPERTS DR. SHUKRI SOURI AND MELISSA BENNIS REGARDING NON-INFRINGING ALTERNATIVES by EcoFactor, Inc. (Attachments: # 1 Affidavit of kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order) (Mirzaie, Reza) (Entered: 12/30/2022) (0)
Dec 30, 2022 70 Sealed Motion DEFENDANT ECOBEE, INC.'S MOTION TO STRIKE PLAINTIFF'S NEW, UNDISCLOSED AND UNTIMELY EXPERT OPINIONS CONCERNING INFRINGEMENT AND VALIDITY by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order) (Ainsworth, Jennifer) (Entered: 12/30/2022) (0)
Dec 30, 2022 71 Sealed Motion DEFENDANT ECOBEE, INC.S MOTION FOR PARTIAL SUMMARY JUDGMENT by Ecobee, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Proposed Order) (Ainsworth, Jennifer) (Attachment 13 replaced on 4/12/2023) (sm3). (Attachment 15 replaced on 4/12/2023) (sm3). (Attachment 18 replaced on 4/12/2023) (sm3). (Attachment 19 replaced on 4/12/2023) (sm3). (Entered: 12/30/2022) (0)
Dec 30, 2022 72 NOTICE of Mootness Regarding Prior Motions Filed by Defendant in the -00078 Case by Ecobee, Inc. (Attachments: # 1 Proposed Order)(Ainsworth, Jennifer) (Entered: 12/30/2022) (0)
Dec 30, 2022 73 Sealed Motion PLAINTIFF ECOFACTOR, INC.S MOTION TO EXCLUDE EXPERT OPINIONS OF ECOBEES DAMAGES EXPERT MELISSA BENNIS by EcoFactor, Inc. (Attachments: # 1 Affidavit of James Pickens, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Proposed Order) (Mirzaie, Reza) (Entered: 12/30/2022) (0)
Dec 15, 2022 64 NOTICE of Joint Stipulation Regarding Extension of Deadlines by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 12/15/2022) (3)
Dec 8, 2022 63 ORDER GRANTING 62 Motion to Appear Pro Hac Vice for Attorney Megan S. Woodworth. Attorney added for Ecobee, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1) (Entered: 12/08/2022) (1)
Dec 7, 2022 62 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (Motion for Admission Pro Hac Vice for Megan S. Woodworth) ( Filing fee $ 100 receipt number ATXWDC-16831478) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 12/07/2022) (0)
Nov 22, 2022 61 NOTICE of Attorney Appearance by Jonathan Ma on behalf of EcoFactor, Inc.. Attorney Jonathan Ma added to party EcoFactor, Inc.(pty:pla), Attorney Jonathan Ma added to party EcoFactor, Inc.(pty:cd) (Ma, Jonathan) (Entered: 11/22/2022) (1)
Nov 17, 2022 60 TRANSCRIPT REQUEST by EcoFactor, Inc. for proceedings held on March 22, 2022. Proceedings Transcribed: Markman Hearing.. (Wietholter, Jason) (Entered: 11/17/2022) (2)
Nov 14, 2022 59 Discovery ORDER. Signed by Judge Alan D Albright. (sm3) (Entered: 11/14/2022) (2)
Nov 10, 2022 58 Proposed Order Discovery Order to 57 Order Cancelling Deadline by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 11/10/2022) (2)
Nov 3, 2022 56 NOTICE of Joint Stipulation Regarding Extension of Deadlines by EcoFactor, Inc. (Davis, Kristopher) (Entered: 11/03/2022) (4)
Nov 3, 2022 57 ORDER CANCELLING DISCOVERY HEARING. Signed by Judge Alan D Albright. (lad) (Entered: 11/03/2022) (1)
Oct 28, 2022 55 ORDER Resetting Discovery Hearing by Zoom for 11/3/2022 03:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (sm3) (Entered: 10/28/2022) (1)
Oct 26, 2022 54 ORDER Setting Zoom Discovery for 11/2/2022 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 10/26/2022) (1)
Oct 11, 2022 52 ORDER MOOTING 44 Motion to Strike 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597, 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions, 51 Joint MOTION to Dismiss U.S. PATENT NO. 9,194,597 AND RESOLUTION OF PENDING MOTIONS (DKT. NOS. 44, 45) PURSUANT TO STIPULATION ; GRANTING 45 Motion Motion for Leave to File; GRANTING 51 Motion to Dismiss Signed by Judge Alan D Albright. (sm3) (Entered: 10/11/2022) (2)
Oct 11, 2022 53 PROTECTIVE ORDER. Signed by Judge Alan D Albright. (sm3) (Entered: 10/11/2022) (23)
Oct 10, 2022 51 Joint MOTION to Dismiss U.S. PATENT NO. 9,194,597 AND RESOLUTION OF PENDING MOTIONS (DKT. NOS. 44, 45) PURSUANT TO STIPULATION by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 10/10/2022) (Main Document) (5)
Oct 10, 2022 51 Joint MOTION to Dismiss U.S. PATENT NO. 9,194,597 AND RESOLUTION OF PENDING MOTIONS (DKT. NOS. 44, 45) PURSUANT TO STIPULATION by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 10/10/2022) (Proposed Order) (2)
Oct 3, 2022 50 NOTICE (Joint Notice of Stipulation to Change Response Dates to Pending Motions) by Ecobee, Inc. re 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597, 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions (Ainsworth, Jennifer) (Entered: 10/03/2022) (3)
Sep 30, 2022 48 Transcript filed of Proceedings held on 3-22-22, Proceedings Transcribed: Markman Hearing. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 2546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/21/2022, Redacted Transcript Deadline set for 10/31/2022, Release of Transcript Restriction set for 12/29/2022, (kd) (Entered: 09/30/2022) (32)
Sep 30, 2022 49 NOTICE of Attorney Appearance by Jason M Wietholter on behalf of EcoFactor, Inc.. Attorney Jason M Wietholter added to party EcoFactor, Inc.(pty:pla), Attorney Jason M Wietholter added to party EcoFactor, Inc.(pty:cd) (Wietholter, Jason) (Entered: 09/30/2022) (1)
Sep 27, 2022 47 NOTICE (Joint Notice of Stipulation to Change Response Dates to Pending Motions) by Ecobee, Inc. re 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597, 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions (Ainsworth, Jennifer) (Entered: 09/27/2022) (3)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Main Document) (14)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Main Document) (14)
Sep 20, 2022 46 Sealed Document: Declaration and Exhibits in Support of Motion for Leave to Serve Amended Infringement Contentions of 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Mirzaie, Reza) (Entered: 09/20/2022) (0)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Exhibit 1) (30)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Exhibit 2) (5)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Exhibit 3) (30)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Exhibit 4) (7)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Exhibit 5) (30)
Sep 20, 2022 44 MOTION to Strike Plaintiff's Untimely and Improper Infringement Contentions Regarding Patent '597 by Ecobee, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Ainsworth, Jennifer) (Entered: 09/20/2022) (Proposed Order) (1)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Affidavit of Kristopher Davis) (4)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit A) (1)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit B) (1)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit C) (20)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit D) (30)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit E) (2)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit F) (17)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit G) (2)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit H) (3)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit I) (4)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit J) (5)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit K) (7)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit L) (30)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Exhibit M) (10)
Sep 20, 2022 45 Opposed MOTION for Leave to Serve Amended Infringement Contentions by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Proposed Order)(Mirzaie, Reza) (Entered: 09/20/2022) (Proposed Order) (1)
Aug 23, 2022 43 Agreed MOTION for Protective Order and Stipulated Discovery Order by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, Kristopher) (Entered: 08/23/2022) (Main Document) (3)
Aug 23, 2022 43 Agreed MOTION for Protective Order and Stipulated Discovery Order by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, Kristopher) (Entered: 08/23/2022) (Exhibit 1) (24)
Aug 23, 2022 43 Agreed MOTION for Protective Order and Stipulated Discovery Order by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, Kristopher) (Entered: 08/23/2022) (Exhibit 2) (16)
Aug 9, 2022 42 NOTICE AMENDED RULE 7.1 DISCLOSURE STATEMENT by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 08/09/2022) (3)
Jul 25, 2022 41 ORDER GRANTING 40 Motion to Consolidate Cases. This case is the lead case with member case 5:10-cv-078. Signed by Judge Alan D Albright. (sm3) (Entered: 07/25/2022) (4)
Jul 11, 2022 40 Joint MOTION to Consolidate Cases by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 07/11/2022) (Main Document) (6)
Jul 11, 2022 40 Joint MOTION to Consolidate Cases by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 07/11/2022) (Proposed Order) (4)
Jul 6, 2022 39 Joint MOTION to Consolidate Cases by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 07/06/2022) (Main Document) (6)
Jul 6, 2022 39 Joint MOTION to Consolidate Cases by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 07/06/2022) (Proposed Order) (1)
Apr 14, 2022 38 Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 04/14/2022) (18)
Mar 22, 2022 37 Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing held on 3/22/2022. STATEMENTS AND ARGUMENTS OF COUNSEL HEARD, DISCOVERY IS OPEN, WRITTEN ORDER FORTHCOMING. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(lad) (Entered: 03/22/2022) (0)
Mar 7, 2022 36 ORDER, (Markman Hearing RESET for 3/22/2022 10:30 AM before Judge Alan D Albright). Signed by Judge Alan D Albright. (bot1) (Entered: 03/07/2022) (1)
Mar 4, 2022 34 BRIEF JOINT CLAIM CONSTRUCTION STATEMENT by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 03/04/2022) (5)
Mar 4, 2022 35 ORDER GRANTING 33 Motion to Appear Pro Hac Vice for Attorney Daniel A. Apgar. Attorney added for Ecobee, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot3) (Entered: 03/04/2022) (1)
Mar 3, 2022 33 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Daniel A. Apgar) ( Filing fee $ 100 receipt number 0542-15775785) by on behalf of Ecobee, Inc.. (Attachments: # 1 Proposed Order)(Ainsworth, Jennifer) (Entered: 03/03/2022) (Main Document) (3)
Mar 3, 2022 33 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Daniel A. Apgar) ( Filing fee $ 100 receipt number 0542-15775785) by on behalf of Ecobee, Inc.. (Attachments: # 1 Proposed Order)(Ainsworth, Jennifer) (Entered: 03/03/2022) (Proposed Order) (1)
Mar 1, 2022 31 SCHEDULING ORDER: Markman Hearing set for 3/18/2022 10:30 AM before Judge Alan D Albright. Joinder of Parties due by 4/26/2022. Amended Pleadings due by 7/5/2022. Dispositive Motions due by 12/20/2022. Pretrial Conference set for 2/28/2023 before Judge Alan D Albright. Jury Selection set for 3/21/2023 before Judge Jeffrey C. Manske. Jury Trial set for 3/21/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5) (Entered: 03/01/2022) (4)
Mar 1, 2022 32 BRIEF regarding 29 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit G)(Mirzaie, Reza) (Entered: 03/01/2022) (Main Document) (15)
Mar 1, 2022 32 BRIEF regarding 29 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit G)(Mirzaie, Reza) (Entered: 03/01/2022) (Affidavit of Kristopher Davis) (1)
Mar 1, 2022 32 BRIEF regarding 29 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit G)(Mirzaie, Reza) (Entered: 03/01/2022) (Exhibit G) (6)
Feb 25, 2022 30 MOTION to Withdraw as Attorney Vivian Sandoval by Ecobee, Inc.. (Attachments: # 1 Proposed Order)(Carroll, Timothy) (Entered: 02/25/2022) (Main Document) (3)
Feb 25, 2022 30 MOTION to Withdraw as Attorney Vivian Sandoval by Ecobee, Inc.. (Attachments: # 1 Proposed Order)(Carroll, Timothy) (Entered: 02/25/2022) (Proposed Order) (1)
Feb 15, 2022 29 BRIEF (Reply Claim Construction Brief) regarding 26 Brief by Ecobee, Inc.. (Attachments: # 1 Affidavit Declaration of David M. Auslander, # 2 Exhibit 1)(Ainsworth, Jennifer) (Entered: 02/15/2022) (Main Document) (14)
Feb 15, 2022 29 BRIEF (Reply Claim Construction Brief) regarding 26 Brief by Ecobee, Inc.. (Attachments: # 1 Affidavit Declaration of David M. Auslander, # 2 Exhibit 1)(Ainsworth, Jennifer) (Entered: 02/15/2022) (Affidavit Declaration of David M. Auslander) (3)
Feb 15, 2022 29 BRIEF (Reply Claim Construction Brief) regarding 26 Brief by Ecobee, Inc.. (Attachments: # 1 Affidavit Declaration of David M. Auslander, # 2 Exhibit 1)(Ainsworth, Jennifer) (Entered: 02/15/2022) (Exhibit 1) (10)
Feb 7, 2022 28 ORDER, (Markman Hearing set for 3/18/2022 10:30 AM before Judge Alan D Albright). Signed by Judge Alan D Albright. (bot2) (Entered: 02/07/2022) (1)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Main Document) (20)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Affidavit of Kristopher Davis) (2)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Exhibit A) (30)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Exhibit B) (13)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Exhibit C) (30)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Exhibit D) (30)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Exhibit E) (6)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Exhibit F) (30)
Feb 2, 2022 27 BRIEF regarding 26 Brief by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Affidavit of Robert Zeidman)(Mirzaie, Reza) (Entered: 02/02/2022) (Affidavit of Robert Zeidman) (30)
Jan 11, 2022 26 BRIEF (Opening Claim Construction Brief) by Ecobee, Inc.. (Attachments: # 1 Declaration of David M. Auslander, # 2 Declaration of Steven M. Lubezny, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Ainsworth, Jennifer) (Entered: 01/11/2022) (Main Document) (14)
Jan 11, 2022 26 BRIEF (Opening Claim Construction Brief) by Ecobee, Inc.. (Attachments: # 1 Declaration of David M. Auslander, # 2 Declaration of Steven M. Lubezny, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Ainsworth, Jennifer) (Entered: 01/11/2022) (Declaration of David M. Auslander) (30)
Jan 11, 2022 26 BRIEF (Opening Claim Construction Brief) by Ecobee, Inc.. (Attachments: # 1 Declaration of David M. Auslander, # 2 Declaration of Steven M. Lubezny, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Ainsworth, Jennifer) (Entered: 01/11/2022) (Declaration of Steven M. Lubezny) (1)
Jan 11, 2022 26 BRIEF (Opening Claim Construction Brief) by Ecobee, Inc.. (Attachments: # 1 Declaration of David M. Auslander, # 2 Declaration of Steven M. Lubezny, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Ainsworth, Jennifer) (Entered: 01/11/2022) (Exhibit 1) (21)
Jan 11, 2022 26 BRIEF (Opening Claim Construction Brief) by Ecobee, Inc.. (Attachments: # 1 Declaration of David M. Auslander, # 2 Declaration of Steven M. Lubezny, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Ainsworth, Jennifer) (Entered: 01/11/2022) (Exhibit 2) (20)
Jan 11, 2022 26 BRIEF (Opening Claim Construction Brief) by Ecobee, Inc.. (Attachments: # 1 Declaration of David M. Auslander, # 2 Declaration of Steven M. Lubezny, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Ainsworth, Jennifer) (Entered: 01/11/2022) (Exhibit 3) (30)
Nov 17, 2021 25 NOTICE of Compliance Regarding Preliminary Invalidity Contentions by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 11/17/2021) (2)
Oct 18, 2021 24 Scheduling Recommendations/Proposed Scheduling Order [Agreed] by EcoFactor, Inc.. (Attachments: # 1 Exhibit A)(Mirzaie, Reza) (Entered: 10/18/2021) (Main Document) (3)
Oct 18, 2021 24 Scheduling Recommendations/Proposed Scheduling Order [Agreed] by EcoFactor, Inc.. (Attachments: # 1 Exhibit A)(Mirzaie, Reza) (Entered: 10/18/2021) (Exhibit A) (5)
Oct 8, 2021 23 Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021) (11)
Sep 20, 2021 22 AMENDED ANSWER to Ecobee, Inc.'s Counterclaims 19 Answer to Complaint, Counterclaim by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 09/20/2021) (8)
Sep 7, 2021 21 STATUS REPORT -- CASE READINESS STATUS REPORT by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 09/07/2021) (5)
Aug 30, 2021 19 ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against EcoFactor, Inc. by Ecobee, Inc..(Ainsworth, Jennifer) (Entered: 08/30/2021) (23)
Aug 30, 2021 20 NOTICE RULE 7 DISCLOSURE STATEMENT by Ecobee, Inc. (Ainsworth, Jennifer) (Entered: 08/30/2021) (2)
Jul 28, 2021 N/A Text Order GRANTING 18 Motion to Withdraw as Attorney entered by Judge Alan D Albright. Upon consideration of Plaintiff EcoFactor's Motion to Withdraw C. Jay Chung as counsel of record, the Court is of the opinion that the Motion should be granted. IT IS THEREFORE ORDERED that Plaintiff's Motion is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 07/28/2021) (0)
Jul 27, 2021 N/A Text Order GRANTING 16 Motion to Appear Pro Hac Vice for Attorney Steven M. Lubezny for Ecobee, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 07/27/2021) (0)
Jul 27, 2021 N/A Text Order GRANTING 17 Motion to Appear Pro Hac Vice for Attorney Vivian Sandoval for Ecobee, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 07/27/2021) (0)
Jul 27, 2021 18 MOTION to Withdraw as Attorney C. Jay Chung by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 07/27/2021) (Main Document) (2)
Jul 27, 2021 18 MOTION to Withdraw as Attorney C. Jay Chung by EcoFactor, Inc.. (Attachments: # 1 Proposed Order)(Mirzaie, Reza) (Entered: 07/27/2021) (Proposed Order) (1)
Jul 22, 2021 N/A Text Order GRANTING 14 Motion to Appear Pro Hac Vice for Attorney Manny J. Caixeiro for Ecobee, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 07/22/2021) (0)
Jul 12, 2021 15 NOTICE of Change of Address by Jennifer Parker Ainsworth (Ainsworth, Jennifer) (Entered: 07/12/2021) (1)
Jul 12, 2021 16 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Steven M. Lubezny) ( Filing fee $ 100 receipt number 0542-14999210) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/12/2021) (Main Document) (3)
Jul 12, 2021 17 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Vivian Sandoval) ( Filing fee $ 100 receipt number 0542-14999228) by on behalf of Ecobee, Inc.. (Attachments: # 1 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/12/2021) (Main Document) (3)
Jul 12, 2021 16 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Steven M. Lubezny) ( Filing fee $ 100 receipt number 0542-14999210) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/12/2021) (Exhibit) (1)
Jul 12, 2021 16 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Steven M. Lubezny) ( Filing fee $ 100 receipt number 0542-14999210) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/12/2021) (Proposed Order) (1)
Jul 12, 2021 17 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (for Vivian Sandoval) ( Filing fee $ 100 receipt number 0542-14999228) by on behalf of Ecobee, Inc.. (Attachments: # 1 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/12/2021) (Proposed Order) (1)
Jul 8, 2021 14 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (Motion for Admission Pro Hac Vice for Manny J. Caixeiro) ( Filing fee $ 100 receipt number 0542-14990495) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/08/2021) (Main Document) (3)
Jul 8, 2021 14 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (Motion for Admission Pro Hac Vice for Manny J. Caixeiro) ( Filing fee $ 100 receipt number 0542-14990495) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/08/2021) (Exhibit) (1)
Jul 8, 2021 14 MOTION to Appear Pro Hac Vice by Jennifer Parker Ainsworth (Motion for Admission Pro Hac Vice for Manny J. Caixeiro) ( Filing fee $ 100 receipt number 0542-14990495) by on behalf of Ecobee, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ainsworth, Jennifer) (Entered: 07/08/2021) (Proposed Order) (1)
Jun 16, 2021 13 Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021) (5)
Jun 3, 2021 12 WAIVER OF SERVICE Returned Executed by EcoFactor, Inc. as to Ecobee, Inc.. Waiver sent on 6/1/2021, answer due 8/30/2021. (Mirzaie, Reza) (Entered: 06/03/2021) (1)
May 11, 2021 N/A Text Order GRANTING 8 Motion to Appear Pro Hac Vice for Attorney Minna Y. Chan for EcoFactor, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 05/11/2021) (0)
May 11, 2021 N/A Text Order GRANTING 9 Motion to Appear Pro Hac Vice for Attorney James N. Pickens for EcoFactor, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 05/11/2021) (0)
May 5, 2021 11 NOTICE of Attorney Appearance by Jennifer Parker Ainsworth on behalf of Ecobee, Inc.. Attorney Jennifer Parker Ainsworth added to party Ecobee, Inc.(pty:dft) (Ainsworth, Jennifer) (Entered: 05/05/2021) (2)
May 4, 2021 10 NOTICE of Attorney Appearance by Timothy J. Carroll on behalf of Ecobee, Inc. (Carroll, Timothy) (Entered: 05/04/2021) (2)
Apr 28, 2021 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) (Entered: 04/28/2021) (1)
Apr 28, 2021 3 NOTICE of Related Cases by EcoFactor, Inc. (Mirzaie, Reza) (Entered: 04/28/2021) (3)
Apr 28, 2021 4 RULE 7 DISCLOSURE STATEMENT filed by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 04/28/2021) (1)
Apr 28, 2021 5 REQUEST FOR ISSUANCE OF SUMMONS by EcoFactor, Inc.. (Mirzaie, Reza) (Entered: 04/28/2021) (2)
Apr 28, 2021 6 Pro Hac Vice Letter to James Pickens, Minna Chan (lad) (Entered: 04/28/2021) (1)
Apr 28, 2021 N/A All parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/28/2021) (0)
Apr 28, 2021 7 Summons Issued as to Ecobee, Inc.. (lad) (Entered: 04/28/2021) (2)
Apr 28, 2021 N/A Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 04/28/2021) (0)
Apr 28, 2021 8 MOTION to Appear Pro Hac Vice by Kristopher R. Davis for Minna Y. Chan ( Filing fee $ 100 receipt number 0542-14749453) by on behalf of EcoFactor, Inc.. (Davis, Kristopher) (Entered: 04/28/2021) (4)
Apr 28, 2021 9 MOTION to Appear Pro Hac Vice by Kristopher R. Davis for James N. Pickens ( Filing fee $ 100 receipt number 0542-14749456) by on behalf of EcoFactor, Inc.. (Davis, Kristopher) (Entered: 04/28/2021) (4)
Apr 28, 2021 1 Complaint* (1)
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