Case number 1:21-cv-00323
Ecobee, Inc. v. EcoFactor, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 2, 2023 | 267 | ORAL ORDER Setting Hearing on 150 MOTION for Summary Judgment, 158 MOTION to Exclude, 143 MOTION for Summary Judgment, 147 MOTION for Summary Judgment, 133 MOTION for Summary Judgment, 125 MOTION to Preclude Expert Opinions, 141 MOTION for Summary Judgment, 135 MOTION for Summary Judgment, 137 MOTION for Partial Summary Judgment, 130 MOTION for Summary Judgment, 128 MOTION to Preclude Expert Opinions, 138 MOTION for Summary Judgment, 149 MOTION for Summary Judgment - IT IS HEREBY ORDERED that a Motion Hearing is set for 10/16/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside one (1) hour for the hearing with the time split equally between the parties. Any slide presentations the parties wish to use during the argument shall be emailed (in PDF format) to MN_Civil@ded.uscourts.gov no later than 10/13/2023 at 10:00 AM with hard copies delivered to the Clerk's Office within one (1) hour thereafter. Counsel may, however, agree upon a different time to exchange their respective slides. ORDERED by Judge Maryellen Noreika on 10/2/2023. (dlw) Modified on 10/2/2023 (dlw). (Entered: 10/02/2023) (0) |
| Aug 22, 2023 | 265 | REDACTED VERSION of 230 Letter by Ecobee, Inc.. (Attachments: # 1 Exhibit 1-7)(Pedi, Nicole) (Entered: 08/22/2023) (0) |
| Aug 22, 2023 | 266 | REDACTED VERSION of 260 Letter by EcoFactor, Inc.. (Attachments: # 1 Exhibit A)(Golden, Ronald) (Entered: 08/22/2023) (0) |
| Aug 21, 2023 | 261 | Letter to The Honorable Maryellen Noreika from Kelly E. Farnan regarding Ranking of Summary Judgment Grounds - re 229 Order,,,. (Farnan, Kelly) (Entered: 08/21/2023) (1) |
| Aug 21, 2023 | 262 | Letter to The Honorable Maryellen Noreika from Kelly E. Farnan regarding Ranking of Daubert Grounds - re 229 Order,,,. (Farnan, Kelly) (Entered: 08/21/2023) (1) |
| Aug 21, 2023 | 263 | Letter to The Honorable Maryellen Noreika from Stephen B. Brauerman regarding Daubert Rank - re 229 Order,,, 128 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis, 125 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri. (Brauerman, Stephen) (Entered: 08/21/2023) (2) |
| Aug 21, 2023 | 264 | Letter to The Honorable Maryellen Noreika from Stephen B. Brauerman regarding SJ Rank - re 229 Order,,, 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty, 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc.. (Brauerman, Stephen) (Entered: 08/21/2023) (1) |
| Aug 16, 2023 | 260 | [SEALED] Letter to Honorable Maryellen Noreika from Ronald P. Golden III regarding Motion to Strike - re 230 Letter. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(Golden, Ronald) (Entered: 08/16/2023) (0) |
| Aug 14, 2023 | 229 | ORDER - IT IS HEREBY ORDERED that, on or before August 21, 2023: 1. Plaintiff and Defendant shall each file a one-page letter with the Court ranking the grounds for summary judgment raised in their various motions for summary judgment in whatever order they choose but with the understanding that once the Court denies summary judgment as to any single ground raised in a parties' motion, the Court will not address any summary judgment grounds (or motions) that were ranked after that ground; and 2. The parties shall each file a one-page letter with the Court ranking the order in which they wish the Court to consider the grounds for excluding testimony raised in their Daubert motions with the understanding that once the Court denies exclusion of testimony as to any ground, the Court will not review any further grounds (or motions) ranked after that ground. Signed by Judge Maryellen Noreika on 8/14/2023. (dlw) (Entered: 08/14/2023) (3) |
| Aug 14, 2023 | 230 | [SEALED] Letter to The Honorable Maryellen Noreika from Kelly E. Farnan regarding ecobee's Motion to Strike - re 212 Oral Order,,. (Attachments: # 1 Exhibit 1-7)(Farnan, Kelly) (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 231 | REDACTED VERSION of 164 Answering Brief in Opposition,,,, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 232 | REDACTED VERSION of 174 Answering Brief in Opposition, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (22) |
| Aug 14, 2023 | 233 | REDACTED VERSION of 180 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (7) |
| Aug 14, 2023 | 234 | REDACTED VERSION of 181 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (4) |
| Aug 14, 2023 | 235 | REDACTED VERSION of 166 Answering Brief in Opposition, by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 236 | REDACTED VERSION of 182 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (4) |
| Aug 14, 2023 | 237 | REDACTED VERSION of 183 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (4) |
| Aug 14, 2023 | 238 | REDACTED VERSION of 167 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/15/2023 (dlw). (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 239 | REDACTED VERSION of 185 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (6) |
| Aug 14, 2023 | 240 | REDACTED VERSION of 186 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (4) |
| Aug 14, 2023 | 241 | REDACTED VERSION of 168 Answering Brief in Opposition by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/14/2023) (22) |
| Aug 14, 2023 | 242 | REDACTED VERSION of 169 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/15/2023 (dlw). (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 243 | REDACTED VERSION of 170 Answering Brief in Opposition by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/14/2023) (17) |
| Aug 14, 2023 | 244 | REDACTED VERSION of 194 Reply Brief by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (13) |
| Aug 14, 2023 | 245 | REDACTED VERSION of 196 Reply Brief by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (8) |
| Aug 14, 2023 | 246 | REDACTED VERSION of 173 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/15/2023 (dlw). (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 247 | REDACTED VERSION of 175 Answering Brief in Opposition by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/14/2023) (15) |
| Aug 14, 2023 | 248 | REDACTED VERSION of 179 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/15/2023 (dlw). (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 249 | REDACTED VERSION of 201 Reply Brief by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (14) |
| Aug 14, 2023 | 250 | REDACTED VERSION of 202 Statement, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/14/2023) (5) |
| Aug 14, 2023 | 251 | REDACTED VERSION of 203 Reply Brief,,, by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/14/2023) (28) |
| Aug 14, 2023 | 252 | REDACTED VERSION of 204 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/15/2023 (dlw). (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 253 | REDACTED VERSION of 210 Reply Brief by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/14/2023) (10) |
| Aug 14, 2023 | 254 | REDACTED VERSION of 211 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/15/2023 (dlw). (Entered: 08/14/2023) (30) |
| Aug 14, 2023 | 255 | REDACTED VERSION of 165 Declaration,, by EcoFactor, 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 Certificate of Service)(Golden, Ronald) (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 256 | REDACTED VERSION of 176 Declaration, by EcoFactor, 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 Certificate of Service)(Golden, Ronald) (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 257 | REDACTED VERSION of 195 Declaration by EcoFactor, Inc.. (Attachments: # 1 Exhibit 16, # 2 Certificate of Service)(Golden, Ronald) (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 258 | REDACTED VERSION of 197 Declaration by EcoFactor, Inc.. (Attachments: # 1 Exhibit G, # 2 Certificate of Service)(Golden, Ronald) (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 259 | REDACTED VERSION of 199 Declaration by EcoFactor, Inc.. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Certificate of Service)(Golden, Ronald) (Entered: 08/14/2023) (0) |
| Aug 11, 2023 | 227 | REQUEST for Oral Argument by EcoFactor, Inc. re 158 MOTION to Exclude the Testimony of Defendant's Damages Expert, Mr. David Kennedy , 141 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section 101, 149 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112, 128 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis, 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty, 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc., 143 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 101, 135 MOTION for Summary Judgment of No Direct Infringement of Claim 17 of U.S Patent No. 8,596,550, 138 MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103, 147 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112, 125 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri. (Golden, Ronald) (Entered: 08/11/2023) (1) |
| Aug 11, 2023 | 228 | REQUEST for Oral Argument by Ecobee, Inc.. (Farnan, Kelly) (Entered: 08/11/2023) (2) |
| Aug 8, 2023 | 223 | REDACTED VERSION of 132 Declaration, by EcoFactor, 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)(Golden, Ronald) (Entered: 08/08/2023) (0) |
| Aug 8, 2023 | 224 | REDACTED VERSION of 146 Declaration, by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Golden, Ronald) (Entered: 08/08/2023) (0) |
| Aug 8, 2023 | 225 | REDACTED VERSION of 162 Exhibit to a Document by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/08/2023) (6) |
| Aug 8, 2023 | 226 | REDACTED VERSION of 154 Declaration, by EcoFactor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Golden, Ronald) (Entered: 08/08/2023) (0) |
| Aug 7, 2023 | 212 | ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers to request a teleconference date for Plaintiff's anticipated motion to strike. IT IS HEREBY ORDERED that Plaintiff shall submit its opening letter (of no more than three (3) pages) and, no later than two (2) days later, Defendant shall submit its responsive letter (of no more than three (3) pages). After the Court reviews the submissions, it will determine the next step (e.g., decide on the papers, order further submissions, set a teleconference). ORDERED by Judge Maryellen Noreika on 8/7/2023. (dlw) (Entered: 08/07/2023) (0) |
| Aug 7, 2023 | 213 | STIPULATION TO EXTEND TIME to file redactions to August 14, 2023 - filed by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/07/2023) (1) |
| Aug 7, 2023 | 214 | REDACTED VERSION of 155 Opening Brief in Support, by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/07/2023) (30) |
| Aug 7, 2023 | 215 | REDACTED VERSION of 157 Declaration by Ecobee, Inc. (Pedi, Nicole) Modified on 8/8/2023 (dlw). (Entered: 08/07/2023) (30) |
| Aug 7, 2023 | 216 | REDACTED VERSION of 159 Opening Brief in Support, by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/07/2023) (20) |
| Aug 7, 2023 | 217 | REDACTED VERSION of 160 Declaration by Ecobee, Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-I)(Pedi, Nicole) (Entered: 08/07/2023) (0) |
| Aug 7, 2023 | 218 | REDACTED VERSION of 126 Opening Brief in Support, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/07/2023) (14) |
| Aug 7, 2023 | 219 | REDACTED VERSION of 127 Declaration, by EcoFactor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Golden, Ronald) (Entered: 08/07/2023) (0) |
| Aug 7, 2023 | 220 | REDACTED VERSION of 129 Opening Brief in Support, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/07/2023) (26) |
| Aug 7, 2023 | 221 | REDACTED VERSION of 139 Opening Brief in Support, by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/07/2023) (23) |
| Aug 7, 2023 | 222 | REDACTED VERSION of 144 Statement by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/07/2023) (5) |
| Aug 4, 2023 | 194 | [SEALED] REPLY BRIEF re 128 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis filed by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 195 | [SEALED] DECLARATION of Reza Mirzaie re 194 Reply Brief by EcoFactor, Inc. (Attachments: # 1 Exhibit 16, # 2 Certificate of Service)(Golden, Ronald) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 196 | [SEALED] REPLY BRIEF re 125 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri filed by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 197 | [SEALED] DECLARATION of Kristopher R. Davis re 196 Reply Brief by EcoFactor, Inc. (Attachments: # 1 Exhibit G, # 2 Certificate of Service)(Golden, Ronald) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 198 | REPLY BRIEF re 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. filed by EcoFactor, Inc.. (Golden, Ronald) (Entered: 08/04/2023) (6) |
| Aug 4, 2023 | 199 | [SEALED] DECLARATION of Kristopher R. Davis re 198 Reply Brief by EcoFactor, Inc. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Certificate of Service)(Golden, Ronald) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 200 | STATEMENT re 177 Statement // Ecofactor, Inc.'s Response to Ecobee Inc.'s Counter Statement of Facts in Opposition to Ecofactor's Motion for Summary Judgment of Plaintiff Ecobee, Inc.'s Affirmative Defenses by EcoFactor, Inc. (Golden, Ronald) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (5) |
| Aug 4, 2023 | 201 | [SEALED] REPLY BRIEF re 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty filed by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 202 | [SEALED] STATEMENT re 171 Statement // Ecofactor, Inc.'s Response to Ecobee, Inc.'s Counter Statement of Facts in Opposition to Ecofactor's Motion for Partial Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Not Anticipated Under 35 USC 102 by Mcnulty by EcoFactor, Inc. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 203 | [SEALED] REPLY BRIEF re 133 MOTION for Summary Judgment of No Contributory Infringement of the Asserted Patents, 141 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section 101, 143 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 101, 138 MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103, 130 MOTION for Summary Judgment of No Induced Infringement of the Asserted Patents, 149 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112, 135 MOTION for Summary Judgment of No Direct Infringement of Claim 17 of U.S Patent No. 8,596,550, 147 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112 filed by Ecobee, Inc.. (Farnan, Kelly) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 204 | [SEALED] DECLARATION of Kelly E. Farnan re 203 Reply Brief by Ecobee, Inc. (Attachments: # 1 Exhibit Z-DD)(Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 205 | STATEMENT re 181 Statement // ecobee's Response to EcoFactor's Counter Statement of Undisputed Facts regarding Its Motion for Invalidity under Sections 102/103 for the '983 Patent by Ecobee, Inc. (Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (4) |
| Aug 4, 2023 | 206 | STATEMENT re 182 Statement // ecobee's Response to EcoFactor's Counter Statement of Undisputed Facts regarding ecobee's Motion for Invalidity under Section 101 for U.S. Patent No. 8,596,550 by Ecobee, Inc. (Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (4) |
| Aug 4, 2023 | 207 | STATEMENT re 183 Statement // ecobee's Response to EcoFactor's Counter Statement of Undisputed Facts regarding ecobee's Motion for Invalidity under Section 101 for U.S. Patent No. 8,886,488 by Ecobee, Inc. (Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (3) |
| Aug 4, 2023 | 208 | STATEMENT re 191 Statement // ecobee's Response to EcoFactor's Counter Statement of Undisputed Facts regarding ecobee's Motion for Invalidity under Section 112 for U.S. Patent No. 8,596,550 by Ecobee, Inc. (Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (5) |
| Aug 4, 2023 | 209 | STATEMENT re 192 Statement // ecobee's Response to EcoFactor's Counter Statement of Undisputed Facts regarding ecobee's Motion for Invalidity under Section 112 for U.S. Patent No. 8,886,488 by Ecobee, Inc. (Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (4) |
| Aug 4, 2023 | 210 | [SEALED] REPLY BRIEF re 158 MOTION to Exclude the Testimony of Defendant's Damages Expert, Mr. David Kennedy filed by Ecobee, Inc.. (Farnan, Kelly) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 211 | [SEALED] DECLARATION of Kelly E. Farnan re 210 Reply Brief by Ecobee, Inc. (Attachments: # 1 Exhibit A)(Farnan, Kelly) Modified on 8/7/2023 (dlw). (Entered: 08/04/2023) (0) |
| Aug 2, 2023 | 193 | STIPULATION TO EXTEND TIME to file redactions to August 7, 2023 - filed by Ecobee, Inc.. (Pedi, Nicole) (Entered: 08/02/2023) (1) |
| Jul 31, 2023 | 164 | [SEALED] ANSWERING BRIEF in Opposition re 133 MOTION for Summary Judgment of No Contributory Infringement of the Asserted Patents, 141 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section 101, 143 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 101, 138 MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103, 130 MOTION for Summary Judgment of No Induced Infringement of the Asserted Patents, 149 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112, 135 MOTION for Summary Judgment of No Direct Infringement of Claim 17 of U.S Patent No. 8,596,550, 147 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112 filed by EcoFactor, Inc..Reply Brief due date per Local Rules is 8/7/2023. (Attachments: # 1 Certificate of Service)(Golden, Ronald) (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 165 | [SEALED] DECLARATION of Kristopher R. Davis re 164 Answering Brief in Opposition by EcoFactor, 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 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Main Document 165 replaced on 8/1/2023) (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 166 | [SEALED] ANSWERING BRIEF in Opposition re 125 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri filed by Ecobee, Inc..Reply Brief due date per Local Rules is 8/7/2023. (Farnan, Kelly) (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 167 | [SEALED] DECLARATION of Kelly E. Farnan re 166 Answering Brief in Opposition, by Ecobee, Inc.. (Attachments: # 1 Exhibit 1-10)(Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 168 | [SEALED] ANSWERING BRIEF in Opposition re 128 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis filed by Ecobee, Inc..Reply Brief due date per Local Rules is 8/7/2023. (Farnan, Kelly) (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 169 | [SEALED] DECLARATION of Kelly E. Farnan re 168 Answering Brief in Opposition by Ecobee, Inc.. (Attachments: # 1 Exhibit A-I)(Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 170 | [SEALED] ANSWERING BRIEF in Opposition re 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty filed by Ecobee, Inc..Reply Brief due date per Local Rules is 8/7/2023. (Farnan, Kelly) (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 171 | STATEMENT - Counter Statement of Facts in Opposition to 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty by Ecobee, Inc.. (Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (6) |
| Jul 31, 2023 | 172 | STATEMENT - Response to EcoFactor's Statement of Undisputed Facts regarding Motion for Partial Summary Judgment of No Anticipation of the 983 Patent by McNulty re 144 Statement by Ecobee, Inc.. (Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (6) |
| Jul 31, 2023 | 173 | [SEALED] DECLARATION of Kelly E. Farnan re 170 Answering Brief in Opposition by Ecobee, Inc.. (Attachments: # 1 Exhibit 1-7)(Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 174 | [SEALED] ANSWERING BRIEF in Opposition re 158 MOTION to Exclude the Testimony of Defendant's Damages Expert, Mr. David Kennedy filed by EcoFactor, Inc..Reply Brief due date per Local Rules is 8/7/2023. (Attachments: # 1 Certificate of Service)(Golden, Ronald) (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 175 | [SEALED] ANSWERING BRIEF in Opposition re 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. filed by Ecobee, Inc..Reply Brief due date per Local Rules is 8/7/2023. (Farnan, Kelly) (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 176 | [SEALED] DECLARATION of Reza Mirzaie re 174 Answering Brief in Opposition, by EcoFactor, 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 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 177 | STATEMENT - Counter Statement of Facts in Opposition to 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. by Ecobee, Inc.. (Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (4) |
| Jul 31, 2023 | 178 | STATEMENT - Response to EcoFactor's Undisputed Facts regarding Motion for Summary Judgment as to Certain Affirmative Defenses re 153 Statement by Ecobee, Inc.. (Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (3) |
| Jul 31, 2023 | 179 | [SEALED] DECLARATION of Kelly E. Farnan re 175 Answering Brief in Opposition by Ecobee, Inc.. (Attachments: # 1 Exhibit 1-14)(Farnan, Kelly) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 180 | [SEALED] STATEMENT re 140 Statement of Facts re 138 MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103 by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 181 | [SEALED] STATEMENT of Facts re 138 MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103 by Ecobee, Inc. re 140 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 182 | [SEALED] STATEMENT of Facts re 141 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section - re 142 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 183 | [SEALED] STATEMENT of Facts re 143 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 10 - re 145 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 184 | STATEMENT of Facts re 130 MOTION for Summary Judgment of No Induced Infringement of the Asserted Patent - re 131 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 185 | [SEALED] STATEMENT of Facts re 133 MOTION for Summary Judgment of No Contributory Infringement of the Asserted Patents - re 134 Statement by EcoFactor, Inc.. (Attachments: # 1 Summons Forms - Unsigned)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 186 | [SEALED] STATEMENT of Facts re 135 MOTION for Summary Judgment of No Direct Infringement of Claim 17 of U.S Patent No. 8,596,550 - re 136 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 187 | STATEMENT of Facts re 147 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112 - re 148 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 188 | STATEMENT of Facts re 149 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112 - re 151 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 189 | STATEMENT of Facts re 141 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section 101 - re 142 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 190 | STATEMENT of Facts re 143 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 101 - re 145 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 191 | STATEMENT of Facts re 147 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112 - re 148 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 31, 2023 | 192 | STATEMENT of Facts re 149 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112 - re 151 Statement by EcoFactor, Inc.. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 8/1/2023 (mdb). (Entered: 07/31/2023) (0) |
| Jul 27, 2023 | 163 | STIPULATION TO EXTEND TIME to file redactions to August 2, 2023 - filed by Ecobee, Inc.. (Pedi, Nicole) (Entered: 07/27/2023) (1) |
| Jul 24, 2023 | 162 | [SEALED] EXHIBIT 5 re 146 Declaration by EcoFactor, Inc. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/24/2023) (0) |
| Jul 21, 2023 | 125 | MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri - filed by EcoFactor, Inc. (Attachments: # 1 Text of Proposed Order)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 126 | [SEALED] OPENING BRIEF in Support re 125 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri filed by EcoFactor, Inc. Answering Brief/Response due date per 107 Stipulation and Order is 7/31/2023. (Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 127 | [SEALED] DECLARATION of Kristopher R. Davis re 125 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Non-Infringement expert Dr. Shukri Souri by EcoFactor, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 128 | MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis - filed by EcoFactor, Inc. (Attachments: # 1 Text of Proposed Order)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 129 | [SEALED] OPENING BRIEF in Support re 128 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis filed by EcoFactor, Inc. Answering Brief/Response due date per 107 Stipulation and Order is 7/31/2023. (Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 130 | MOTION for Summary Judgment of No Induced Infringement of the Asserted Patents - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 131 | CONCISE STATEMENT re 130 MOTION for Summary Judgment of No Induced Infringement of the Asserted Patents by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (3) |
| Jul 21, 2023 | 132 | [SEALED] DECLARATION of Reza Mirzaie re 128 MOTION to Preclude Expert Opinions of Plaintiff ecobee, Inc.'s Damages expert Melissa Bennis by EcoFactor, 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)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 133 | MOTION for Summary Judgment of No Contributory Infringement of the Asserted Patents - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 134 | CONCISE STATEMENT re 133 MOTION for Summary Judgment of No Contributory Infringement of the Asserted Patents by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (3) |
| Jul 21, 2023 | 135 | MOTION for Summary Judgment of No Direct Infringement of Claim 17 of U.S Patent No. 8,596,550 - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 136 | CONCISE STATEMENT re 135 MOTION for Summary Judgment of No Direct Infringement of Claim 17 of U.S Patent No. 8,596,550 by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (2) |
| Jul 21, 2023 | 137 | MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty - filed by EcoFactor, Inc. (Attachments: # 1 Text of Proposed Order)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 138 | MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103 - filed by Ecobee, Inc. (Attachments: # 1 Patent/Trademark Report Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 139 | [SEALED] OPENING BRIEF in Support re 137 Partial MOTION for Summary Judgment of no anticipation of the 983 patent by McNulty filed by EcoFactor, Inc. Answering Brief/Response due date per 107 is 7/31/2023. (Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 140 | CONCISE STATEMENT re 138 MOTION for Summary Judgment That Claims 24-28 of U.S. Patent No. 10,612,983 are Invalid Under 35 U.S.C Sections 102 and 103 by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (8) |
| Jul 21, 2023 | 141 | MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section 101 - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 142 | CONCISE STATEMENT re 141 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C Section 101 by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (3) |
| Jul 21, 2023 | 143 | MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 101 - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 144 | [SEALED] CONCISE STATEMENT re 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty by EcoFactor, Inc. (Attachments: # 1 Certificate of Service)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 145 | CONCISE STATEMENT re 143 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 101 by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (3) |
| Jul 21, 2023 | 146 | [SEALED] DECLARATION of Jason Wietholter re 137 MOTION for Partial Summary Judgment of no anticipation of the 983 patent by McNulty by EcoFactor, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 147 | MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112 - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 148 | CONCISE STATEMENT re 147 MOTION for Summary Judgment That U.S. Patent No. 8,596,550 Is Invalid Under 35 U.S.C. Section 112 by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (6) |
| Jul 21, 2023 | 149 | MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112 - filed by Ecobee, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 150 | MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. - filed by EcoFactor, Inc. (Attachments: # 1 Text of Proposed Order)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 151 | CONCISE STATEMENT re 149 MOTION for Summary Judgment That U.S. Patent No. 8,886,488 Is Invalid Under 35 U.S.C. Section 112 by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (3) |
| Jul 21, 2023 | 152 | OPENING BRIEF in Support re 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. filed by EcoFactor, Inc. Answering Brief/Response due date per 107 is 7/31/2023. (Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (8) |
| Jul 21, 2023 | 153 | CONCISE STATEMENT re 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. by EcoFactor, Inc. (Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (2) |
| Jul 21, 2023 | 154 | [SEALED] DECLARATION of Kristopher R. Davis re 150 MOTION for Summary Judgment as to certain affirmative defenses of Plaintiff ecobee, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Golden, Ronald) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 155 | [SEALED] Omnibus OPENING BRIEF in Support re 133 MOTION for Summary Judgment, 141 MOTION for Summary Judgment, 149 MOTION for Summary Judgment, 143 MOTION for Summary Judgment, 135 MOTION for Summary Judgment, 138 MOTION for Summary Judgment, 147 MOTION for Summary Judgment, 130 MOTION for Summary Judgment filed by Ecobee, Inc. Answering Brief/Response due date per 107 is 7/31/2023. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 156 | DECLARATION of Kelly E. Farnan re 155 Opening Brief in Support by Ecobee, Inc. (Attachments: # 1 Exhibit A-Q, W - Y)(Farnan, Kelly) (Main Document 156 and Attachment 1 replaced on 7/25/2023) (dlw). Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 157 | [SEALED] EXHIBITS R - V re 156 Declaration of Kelly E. Farnan by Ecobee, Inc. (Attachments: # 1 Exhibit R-V)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 158 | MOTION to Exclude the Testimony of Defendant's Damages Expert, Mr. David Kennedy - filed by Ecobee, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 159 | [SEALED] OPENING BRIEF in Support re 158 MOTION to Exclude the Testimony of Defendant's Damages Expert, Mr. David Kennedy filed by Ecobee, Inc..Answering Brief/Response due date per Local Rules is 8/4/2023. (Farnan, Kelly) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 160 | [SEALED] DECLARATION of Kelly E. Farna re 159 Opening Brief in Support by Ecobee, Inc. (Attachments: # 1 Exhibit A-I)(Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 161 | 7.1.1 STATEMENT re 158 MOTION to Exclude the Testimony of Defendant's Damages Expert, Mr. David Kennedy by Ecobee, Inc. (Farnan, Kelly) Modified on 7/25/2023 (dlw). (Entered: 07/21/2023) (2) |
| Jul 10, 2023 | 124 | STIPULATION TO EXTEND TIME to file case dispositive motions to July 21, 2023 - filed by Ecobee, Inc.. (Farnan, Kelly) (Entered: 07/10/2023) (1) |
| May 26, 2023 | 123 | AFFIDAVIT of Service for Notice of Subpoena, Subpoena Directed to Johnson Controls, Inc. to Produce Documents, Information, or Objects or to Permit Inspection of Premises served on Steve Karis, CT Corporation System as Registered Agent for Johnson Controls, Inc. on May 24, 2023, filed by EcoFactor, Inc.. (Golden, Ronald) (Entered: 05/26/2023) (1) |
| May 25, 2023 | 122 | NOTICE OF SERVICE of EcoFactor, Inc.'s Reply Expert Report of Mr. David Kennedy, Reply Expert Report of Erik de la Iglesia Regarding Infringement by ecobee, and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 05/25/2023) (2) |
| May 18, 2023 | 120 | SO ORDERED re 119 Stipulation of Dismissal of U.S. Patent No. 8,019,567. Signed by Judge Maryellen Noreika on 5/18/2023. (dlw) (Entered: 05/18/2023) (3) |
| May 18, 2023 | 121 | AMENDED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,612,983 B2; 8,596,550; 8,886,488. 8,019,567 dropped from suit by Stipulation and Order 5/18/2023. (dlw) (Entered: 05/18/2023) (1) |
| May 17, 2023 | 119 | Joint STIPULATION Stipulation of Dismissal of U.S. Patent No. 8,019,567 by EcoFactor, Inc.. (Golden, Ronald) (Entered: 05/17/2023) (3) |
| May 11, 2023 | 117 | NOTICE OF SERVICE of (1) Rebuttal Expert Report of Melissa A. Bennis; and (2) Rebuttal Expert Report of Dr. Shukri J. Souri Regarding Non-Infringement of U.S. Patents 8,596,550, 8,886,488 and 10,612,983 filed by Ecobee, Inc..(Pedi, Nicole) (Entered: 05/11/2023) (2) |
| May 11, 2023 | 118 | NOTICE OF SERVICE of EcoFactor, Inc.s Rebuttal Expert Report of Erik de la Iglesia Regarding ecobee Smart Thermostat, Expert Report of John A. Palmer, Ph.D., Regarding Validity, and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 05/11/2023) (2) |
| Apr 25, 2023 | 116 | NOTICE of Change of Address of Daniel A. Apgar of Venable, LLP by Ecobee, Inc. (Pedi, Nicole) (Entered: 04/25/2023) (2) |
| Apr 11, 2023 | 115 | NOTICE OF SERVICE of Expert Report of Erik de la Iglesia Regarding Infringement by ecobbe and Expert Report of Mr. David Kennedy filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 04/11/2023) (2) |
| Apr 10, 2023 | 114 | NOTICE of Subpoena to Third Parties Daikin Comfort Technologies North America, Inc. and Daikin North America LLC by EcoFactor, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Golden, Ronald) (Entered: 04/10/2023) (0) |
| Apr 6, 2023 | 113 | NOTICE of Withdrawal and Substitution of Counsel as to Plaintiff ecobee, Inc. by Ecobee, Inc. (Farnan, Kelly) (Entered: 04/06/2023) (1) |
| Apr 5, 2023 | 112 | MEMORANDUM ORDER REGARDING CLAIM CONSTRUCTION. Signed by Judge Maryellen Noreika on 4/5/2023. (dlw) (Entered: 04/05/2023) (12) |
| Mar 30, 2023 | 111 | MOTION for Pro Hac Vice Appearance of Attorney Eric T. Harmon of Venable LLP - filed by Ecobee, Inc.. (Brown, Andrew) (Entered: 03/30/2023) (2) |
| Mar 22, 2023 | 110 | NOTICE OF SERVICE of EcoFactor Inc.'s First Supplemental Objections and Responses to Plaintiff's First Set of Interrogatories (Nos. 1-17) and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 03/22/2023) (2) |
| Mar 9, 2023 | 107 | SO ORDERED re 106 Stipulation to Modify Case Schedule (Set/Reset Scheduling Order Deadlines - Fact Discovery completed by 3/24/2023. Opening Expert Reports due by 4/11/2023. Expert Discovery due by 7/7/2023. Dispositive Motions due by 7/17/2023. Answering Brief due 7/31/2023. Reply Brief due 8/4/2023). Signed by Judge Maryellen Noreika on 3/9/2023. (dlw) (Entered: 03/09/2023) (4) |
| Mar 9, 2023 | 108 | NOTICE OF SERVICE of ecobee Response To EcoFactor's 30(B)(6) Notice Of Rule 30(b)(6) Deposition Of Defendant ecobee [Highly Confidential-Attorneys' Eyes Only]; ecobee Inc.'s First Supplemental Response To Defendant EcoFactor, Inc.'s First Set Of Interrogatories To ecobee, Inc. (1-18) [Highly Confidential-Attorneys' Eyes Only]; and Plaintiff ecobee Inc.'s First Supplemental Response To Defendant Ecofactor, Inc.'s Second Set Of Interrogatories (Nos. 19-24) [Highly Confidential-Attorneys' Eyes Only] filed by Ecobee, Inc..(Moore, David) (Entered: 03/09/2023) (2) |
| Mar 9, 2023 | 109 | NOTICE OF SERVICE of Responses and Objections to Plaintiffs Rule 30(b)(6) Notice of Deposition of Defendant filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 03/09/2023) (2) |
| Mar 8, 2023 | 106 | Joint STIPULATION to Modify Case Schedule re 29 Scheduling Order,,,, by Ecobee, Inc.. (Palapura, Bindu) (Entered: 03/08/2023) (4) |
| Mar 6, 2023 | 105 | NOTICE OF SERVICE of Defendant Ecofactor Inc.'s Responses And Objections To Ecobee, Inc.'s Second Set Of Requests For Admission (Nos. 13-40); Defendant Ecofactor Inc.'s Responses And Objections To Ecobee, Inc.'s Second Set Of Requests For Production (Nos. 90-107); Defendant Ecofactor Inc.'s Responses To Plaintiff's Second Set Of Interrogatories (Nos. 18-30) and this Notice of Service filed by EcoFactor, Inc..(Brauerman, Stephen) (Entered: 03/06/2023) (2) |
| Feb 27, 2023 | 104 | NOTICE OF SERVICE of Plaintiff ecobee, Inc.'s Response to Defendant EcoFactor, Inc.'s Second Set of Interrogatories (Nos. 19-24)[Highly Confidential-Attorneys' Eyes Only], and Plaintiff Ecobee, Inc.'s Response To Defendant Ecofactor, Inc.'s Second Set Of Requests For Production (Nos. 58-61) filed by Ecobee, Inc..(Palapura, Bindu) (Entered: 02/27/2023) (2) |
| Feb 23, 2023 | 103 | NOTICE OF SERVICE of Plaintiff ecobee's Response and Objections to Defendant EcoFactor, Inc.'s First Set of Requests for Admission to Plaintiff ecobee, Inc. (Nos. 1-44) filed by Ecobee, Inc..(Moore, David) (Entered: 02/23/2023) (2) |
| Feb 22, 2023 | 100 | NOTICE of Subpoena to Johnson Controls, Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment A)(Golden, Ronald) (Entered: 02/22/2023) (0) |
| Feb 22, 2023 | 101 | NOTICE of Subpoena to Daikin Industries, LTD by EcoFactor, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment A)(Golden, Ronald) (Entered: 02/22/2023) (0) |
| Feb 22, 2023 | 102 | NOTICE of Subpoena to Schneider Electric USA Inc. by EcoFactor, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment A)(Golden, Ronald) (Entered: 02/22/2023) (0) |
| Feb 21, 2023 | 93 | NOTICE to Take Deposition of Philip Cheng on March 6, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 94 | NOTICE to Take Deposition of Scott Cleaver on March 6, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 95 | NOTICE to Take Deposition of Brent Laurence on March 8, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 96 | NOTICE to Take Deposition of Kevin Banderk on March 7, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 97 | NOTICE to Take Deposition of Alan Hietala on March 8, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 98 | NOTICE to Take Deposition of Adam Noble-Marks on March 6, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 99 | NOTICE to Take Deposition of Mark Malchiondo on March 7, 2023 at 10:00 a.m. (ET) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 02/21/2023) (2) |
| Feb 16, 2023 | 92 | NOTICE OF SERVICE of ecobee's Disclosure of Final Invalidity Contentions filed by Ecobee, Inc..(Brown, Andrew) (Entered: 02/16/2023) (2) |
| Feb 13, 2023 | 91 | STIPULATION TO EXTEND TIME to submit final invalidity contentions to February 15, 2023 - filed by Ecobee, Inc.. (Moore, David) (Entered: 02/13/2023) (1) |
| Feb 6, 2023 | 90 | NOTICE requesting Clerk to remove Catherine N. Taylor as co-counsel. Reason for request: no longer with the firm of Venable LLP. (Brown, Andrew) (Entered: 02/06/2023) (2) |
| Feb 3, 2023 | 88 | REDACTED VERSION of 82 Notice (Other) by EcoFactor, Inc. (Golden, Ronald) Modified on 2/3/2023 (dlw). (Entered: 02/03/2023) (18) |
| Feb 3, 2023 | 89 | NOTICE OF SERVICE of Plaintiff ecobee, Inc.'s Second Set of Requests for Production to Defendant EcoFactor, Inc. (Nos. 90-107), Plaintiff ecobee, Inc.'s Second Set of Requests for Admissions to Defendant EcoFactor, Inc. (Nos. 13-40), and Plaintiff ecobee, Inc.'s Second Set of Interrogatories to Defendant EcoFactor, Inc. (Nos. 19-30) filed by Ecobee, Inc..(Palapura, Bindu) (Entered: 02/03/2023) (2) |
| Feb 2, 2023 | 85 | NOTICE to Take Deposition of Shayan Habib on March 6, 2023 filed by Ecobee, Inc..(Palapura, Bindu) (Entered: 02/02/2023) (2) |
| Feb 2, 2023 | 86 | NOTICE to Take Deposition of Glen Okita on March 7, 2023 filed by Ecobee, Inc..(Palapura, Bindu) (Entered: 02/02/2023) (2) |
| Feb 2, 2023 | 87 | NOTICE to Take Deposition of EcoFactor, Inc. pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on March 8, 2023 filed by Ecobee, Inc. (Palapura, Bindu) Modified on 2/2/2023 (dlw). (Entered: 02/02/2023) (14) |
| Jan 27, 2023 | 84 | NOTICE OF SERVICE of Second Set of Interrogatories to Plaintiff ecobee, Inc. (Nos. 19-24) and Second Set of Requests for Production to Plaintiff ecobee, Inc. (Nos. 58-61) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 01/27/2023) (2) |
| Jan 24, 2023 | 82 | [SEALED] NOTICE of Defendant EcoFactor, Inc.'s Notice of Rule 30(B)(6) Deposition of Plaintiff Ecobee, Inc. by EcoFactor, Inc. (Golden, Ronald) (Entered: 01/24/2023) (0) |
| Jan 24, 2023 | 83 | NOTICE OF SERVICE of Defendant EcoFactor, Inc.'s First Set of Requests for Admission to Defendant Ecobee, Inc. and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 01/24/2023) (2) |
| Jan 18, 2023 | 81 | NOTICE OF SERVICE of ecobee, Inc.'s Response To EcoFactor, Inc.'s First Set Of Interrogatories To ecobee, Inc. (Nos. 1-18), and Plaintiff ecobee, Inc.'s Responses To EcoFactor, Inc.'s First Set Of Requests For Production To Plaintiff ecobee, Inc. (Nos. 1-57) filed by Ecobee, Inc..(Palapura, Bindu) (Entered: 01/18/2023) (2) |
| Jan 12, 2023 | 80 | NOTICE OF SERVICE of Defendant EcoFactor, Inc.'s Final Infringement Contentions and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 01/12/2023) (2) |
| Jan 10, 2023 | 79 | NOTICE OF SERVICE of ecobee Inc.'s Supplemental Invalidity References filed by Ecobee, Inc..(Palapura, Bindu) (Entered: 01/10/2023) (2) |
| Jan 9, 2023 | 78 | NOTICE OF SERVICE of EcoFactor, Inc.'s Identification of Accused Products Under Paragraph 14 of the Scheduling Order filed by EcoFactor, Inc..(Brauerman, Stephen) (Entered: 01/09/2023) (2) |
| Jan 4, 2023 | 77 | Official Transcript of Markman Hearing held on December 8, 2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Bonnie Archer,Email: bonnie_archer@ded.us.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/25/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/4/2023. (Archer, Bonnie) (Entered: 01/04/2023) (109) |
| Dec 15, 2022 | 75 | NOTICE OF SERVICE of First Set of Interrogatories to Plaintiff ecobee, Inc. (Nos. 1-18) and First Set of Requests for Production to Plaintiff ecobee, Inc. (Nos. 1-57) filed by EcoFactor, Inc..(Golden, Ronald) (Entered: 12/15/2022) (2) |
| Dec 15, 2022 | 76 | NOTICE of Service of Third Party Subpoena by EcoFactor, Inc. (Attachments: # 1 Exhibit 1)(Golden, Ronald) (Entered: 12/15/2022) (0) |
| Dec 6, 2022 | 74 | Joint Letter to The Honorable Maryellen Noreika from David E. Moore regarding joint update to the Court's December 2, 2022 Oral order - re 72 Oral Order,, 73 Letter. (Moore, David) (Entered: 12/06/2022) (1) |
| Dec 4, 2022 | 73 | Joint Letter to The Honorable Maryellen Noreika from David E. Moore regarding joint response to the Court's December 2, 2022 Oral order - re 72 Oral Order,,. (Moore, David) (Entered: 12/04/2022) (2) |
| Dec 2, 2022 | 72 | ORAL ORDER re 71 Letter - The parties did not comply with the Court's November 8, 2022 Oral Order requiring a good-faith meet and confer. Instead they waited until two days before the compliance date and spoke for 15 minutes about no fewer than six disputed terms. That lack of effort shows a lack of respect for this Court and its Order. THEREFORE, IT IS HEREBY ORDERED that on or before December 7, 2022, lead counsel (i.e., counsel who expects to try this case) shall meet and confer IN PERSON and comply with this Court's November 8, 2022 Oral Order. Failure to do so may result in sanctions. ORDERED by Judge Maryellen Noreika on 12/2/2022. (dlw) (Entered: 12/02/2022) (0) |
| Dec 1, 2022 | 71 | Joint Letter to The Honorable Maryellen Noreika from David E. Moore regarding case status - re 63 Oral Order,,,,. (Moore, David) (Entered: 12/01/2022) (1) |
| Nov 29, 2022 | 69 | NOTICE of Subsequent Authority Regarding Claim Construction by EcoFactor, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brauerman, Stephen) (Entered: 11/29/2022) (0) |
| Nov 29, 2022 | 70 | MOTION for Pro Hac Vice Appearance of Attorney James N. Pickens - filed by EcoFactor, Inc.. (Golden, Ronald) (Entered: 11/29/2022) (4) |
| Nov 14, 2022 | 65 | Redacted Document (30) Docket Text: REDACTED VERSION of [58] Joint Claim Construction Brief by Ecobee, Inc.. (Palapura, Bindu) |
| Nov 14, 2022 | 66 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [59] Appendix by Ecobee, Inc.. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu) |
| Nov 14, 2022 | 66 | Redacted Document (Exhibit 1-6) (30) Docket Text: REDACTED VERSION of [59] Appendix by Ecobee, Inc.. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu) |
| Nov 14, 2022 | 67 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [60] Appendix by Ecobee, Inc.. (Attachments: # (1) Exhibit 7-21)(Palapura, Bindu) |
| Nov 14, 2022 | 67 | Redacted Document (Exhibit 7-21) (30) Docket Text: REDACTED VERSION of [60] Appendix by Ecobee, Inc.. (Attachments: # (1) Exhibit 7-21)(Palapura, Bindu) |
| Nov 14, 2022 | 68 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [61] Appendix by Ecobee, Inc.. (Attachments: # (1) Exhibit 22-44)(Palapura, Bindu) |
| Nov 14, 2022 | 68 | Redacted Document (Exhibit 22-44) (30) Docket Text: REDACTED VERSION of [61] Appendix by Ecobee, Inc.. (Attachments: # (1) Exhibit 22-44)(Palapura, Bindu) |
| Nov 8, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [58] Joint Claim Construction Brief - IT IS HEREBY ORDERED that, on or before 12/1/2022, local and lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the joint claim construction brief. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Maryellen Noreika on 11/8/2022. (dlw) |
| Nov 8, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [62] Letter - Having reviewed the parties' joint letter, IT IS HEREBY ORDERED that the Court is setting aside 1.5 hours for the 12/8/2022 Claim Construction hearing with the time split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's office within one (1) hour thereafter. The parties may, however, agree upon a different time to exchange their respective slides. ORDERED by Judge Maryellen Noreika on 11/8/2022. (dlw) |
| Nov 7, 2022 | 62 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Bindu A. Palapura regarding Claim Construction Hearing. (Palapura, Bindu) |
| Nov 3, 2022 | 57 | Notice (Other) (2) Docket Text: NOTICE of of Service of EcoFactor, Inc.'s Sur-Reply Claim Construction Brief with Exhibits 34-44 by EcoFactor, Inc. (Golden, Ronald) |
| Oct 19, 2022 | 56 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of ecobee's Reply Claim Contruction Brief [Restricted-Attorneys' Eyes Only] filed by Ecobee, Inc..(Palapura, Bindu) |
| Oct 17, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [55] STIPULATION TO EXTEND TIME to serve Claim Construction Reply Brief and Claim Construction Sur-Reply Brief to 3:00 p.m. on October 19, 2022 and November 3, 2022, respectively (Set/Reset Deadlines for Claim Construction Briefing: Claim Construction Reply Brief due by 10/19/2022 at 3:00 PM. Claim Construction Surreply Brief due by 11/3/2022). ORDERED by Judge Maryellen Noreika on 10/17/2022. (dlw) |
| Oct 14, 2022 | 55 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to serve Claim Construction Reply Brief and Claim Construction Sur-Reply Brief to 3:00 p.m. on October 19, 2022 and November 3, 2022, respectively - filed by Ecobee, Inc.. (Palapura, Bindu) |
| Oct 3, 2022 | 54 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of EcoFactor Inc.'s Answering Claim Construction Brief with Exhibits 13-31 and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) |
| Sep 19, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Daniel A. Apgar for Ecobee, Inc.,Daniel A. Apgar for Ecobee, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) |
| Sep 15, 2022 | 53 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of Plaintiff ecobee, Inc.'s Notice of Subpoena to Non-Party NV Energy, Inc. by Ecobee, Inc. re [51] Notice (Other) (Moore, David) |
| Sep 14, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [52] MOTION for Pro Hac Vice Appearance of Attorney Daniel A. Apgar of Venable LLP filed by Ecobee, Inc. ORDERED by Judge Maryellen Noreika on 9/14/2022. (dlw) |
| Sep 14, 2022 | 52 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Daniel A. Apgar of Venable LLP - filed by Ecobee, Inc.. (Palapura, Bindu) |
| Sep 12, 2022 | 51 | Notice (Other) (18) Docket Text: NOTICE of Issuance of Subpoena to Non-Party NV Energy, Inc. by Ecobee, Inc. (Palapura, Bindu) |
| Sep 7, 2022 | 49 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of ecobee's Opening Claim Construction Brief filed by Ecobee, Inc..(Palapura, Bindu) |
| Sep 7, 2022 | 50 | Notice (Other) (18) Docket Text: NOTICE of Issuance of Subpoena to Non-Party Bidgely, Inc. by Ecobee, Inc. (Palapura, Bindu) |
| Sep 1, 2022 | 48 | Claim Construction Chart (7) Docket Text: AMENDED JOINT CLAIM Construction Chart by Ecobee, Inc. (Palapura, Bindu) Modified on 9/7/2022 (dlw). |
| Aug 24, 2022 | 47 | Order (1) Docket Text: ORDER re [46] Joint Claim Construction Chart - IT IS HEREBY ORDERED that - 1. Defendant shall articulate what it contends is the plain and ordinary meaning for each of those terms where Defendant indicates no construction is necessary and/or the term should be given its plain and ordinary meaning; 2. Once those meanings are set forth, the parties shall meet and confer in an attempt to narrow any remaining disputed terms; and 3. On or before September 2, 2022, the parties shall submit an Amended Joint Claim Chart. Signed by Judge Maryellen Noreika on 8/24/2022. (dlw) |
| Aug 22, 2022 | 46 | Claim Construction Chart (7) Docket Text: JOINT CLAIM Construction Chart by Ecobee, Inc. (Palapura, Bindu) Modified on 8/23/2022 (dlw). |
| Aug 19, 2022 | 45 | Disclosure Statement (2) Docket Text: Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Generac Holdings Inc. for Ecobee, Inc. filed by Ecobee, Inc.. (Palapura, Bindu) |
| Aug 3, 2022 | 44 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant EcoFactor Inc.'s Identification of Claim Terms to be Construed and Proposed Constructions for Those Terms and this Notice of Service filed by EcoFactor, Inc..(Golden, Ronald) |
| Aug 2, 2022 | 43 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of ecobee, Inc.'s Identification of Claim Terms and Proposed Constructions filed by Ecobee, Inc..(Palapura, Bindu) |
| Apr 4, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel) |
| Apr 4, 2022 | 42 | Notice (Other) (2) Docket Text: NOTICE of Service of EcoFactor Inc.'s Responses and Objections to ecobee, Inc.'s First Set of Requests for Production (Nos. 1-89), Responses and Objections to ecobee, Inc.'s First Set of Requests for Admission (Nos. 1-12), and Responses and Objections to ecobee, Inc.'s First Set of Interrogatories (Nos. 1-17) by EcoFactor, Inc. (Golden, Ronald) |
| Mar 18, 2022 | 41 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of ecobee's Disclosure of Initial Invalidity Contentions [Restricted-Attorney's Eyes Only] filed by Ecobee, Inc..(Palapura, Bindu) |
| Mar 14, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Steven M. Lubezny for Ecobee, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Mar 7, 2022 | 40 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff ecobee, Inc.'s First Set Of Interrogatories To Defendant Ecofactor, Inc.; Plaintiff ecobee, Inc.'s First Set Of Requests For Production Of Documents And Things To Defendant Ecofactor, Inc.; and Plaintiff ecobee, Inc.'s First Set Of Requests For Admissions To Defendant Ecofactor, Inc. filed by Ecobee, Inc..(Moore, David) |
| Feb 11, 2022 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of EcoFactor Inc.'s Initial Claim Charts filed by EcoFactor, Inc..(Golden, Ronald) |
| Dec 16, 2021 | 38 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Core Technical Documents and Sales Figures for the Accused Products filed by Ecobee, Inc..(Palapura, Bindu) |
| Nov 15, 2021 | 34 | Proposed Order (24) Docket Text: PROPOSED ORDER // Protective Order by Ecobee, Inc. (Palapura, Bindu) Modified on 11/15/2021 (dlw). |
| Nov 15, 2021 | 35 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff ecobee, Inc.'s Disclosures Under The Default Standard Of Discovery filed by Ecobee, Inc..(Palapura, Bindu) |
| Nov 15, 2021 | 36 | Protective Order (24) Docket Text: PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 11/15/2021. (dlw) |
| Nov 15, 2021 | 37 | Notice (Other) (2) Docket Text: NOTICE OF SERVICE of EcoFactor, Inc.'s Disclosures Under Paragraph 3 of the Default Standard for Discovery by EcoFactor, Inc. (Golden, Ronald) Modified on 11/16/2021 (dlw). |
| Nov 10, 2021 | 32 | Notice (Other) (1) Docket Text: NOTICE of Change of Address by Ecobee, Inc. (Palapura, Bindu) |
| Nov 10, 2021 | 33 | Notice (Other) (2) Docket Text: NOTICE of Change of Firm Affiliation by Ecobee, Inc. (Palapura, Bindu) |
| Nov 4, 2021 | 30 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff ecobee, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Ecobee, Inc..(Palapura, Bindu) |
| Nov 4, 2021 | 31 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of EcoFactor, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by EcoFactor, Inc..(Golden, Ronald) |
| Oct 14, 2021 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| Oct 14, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 10/14/2021. (Taylor, Daniel) |
| Oct 14, 2021 | 29 | Scheduling Order (15) Docket Text: REVISED SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 11/12/2021. Amended Pleadings due by 11/12/2021. Fact Discovery completed by 3/8/2023. Opening Expert Reports due by 4/3/2023. Rebuttal Expert Reports due by 5/11/2023. Reply Expert Reports due by 5/25/2023. Expert Discovery due by 6/19/2023. Dispositive Motions due by 7/6/2023. Claim Construction Opening Brief served by 9/5/2022. Claim Construction Answering Brief served by 10/3/2022. Claim Construction Reply Brief served by 10/17/2022. Claim Construction Surreply Brief served by 10/31/2022. Joint Claim Construction Brief filed by 11/7/2022. A Markman Hearing is set for 12/8/2022 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 12/4/2023 at 11:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 7-day Jury Trial is set for 12/11/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 10/14/2021. (dlw) |
| Oct 12, 2021 | 28 | Proposed Order (15) Docket Text: Joint PROPOSED ORDER // Revised Scheduling Order by Ecobee, Inc. (Palapura, Bindu) Modified on 10/13/2021 (dlw). |
| Oct 6, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [27] STIPULATION TO EXTEND TIME for the parties to file a revised Proposed Scheduling Order to October 12, 2021. ORDERED by Judge Maryellen Noreika on 10/6/2021. (dlw) |
| Oct 5, 2021 | 27 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to file a revised Proposed Scheduling Order to October 12, 2021 - filed by Ecobee, Inc.. (Palapura, Bindu) |
| Sep 21, 2021 | 26 | Order on Motion to Stay (2) Docket Text: ORDER DENYING [13] Motion to Stay - IT IS HEREBY ORDERED that EcoFactor's motion to stay is DENIED. IT IS FURTHER ORDERED that, on or before October 5, 2021, the parties shall submit a revised proposed Scheduling Order. Signed by Judge Maryellen Noreika on 9/21/2021. (dlw) |
| Aug 27, 2021 | 25 | Transcript (18) Docket Text: Official Transcript of Motion Hearing (Remote) held on 07/30/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/17/2021. Redacted Transcript Deadline set for 9/27/2021. Release of Transcript Restriction set for 11/29/2021. (dh) |
| Aug 24, 2021 | 24 | Notice (Other) (3) Docket Text: NOTICE of Supplemental Authority Regarding Ecofactor's Motion to Stay by EcoFactor, Inc. (Golden, Ronald) |
| Aug 3, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Megan S. Woodworth for Ecobee, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Jul 30, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Reza Mirzaie,Jason M. Wietholter,Kristopher R. Davis for EcoFactor, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Jul 30, 2021 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 7/30/2021 re [13] MOTION to Stay Pending ITC Investigation (Court Reporter Dale Hawkins.) (dlw) |
| Jul 29, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [22] MOTION for Pro Hac Vice Appearance of Attorney Jason M. Wietholter, Reza Mirzaie, and Kristopher Davis filed by EcoFactor, Inc. ORDERED by Judge Maryellen Noreika on 7/29/2021. (dlw) |
| Jul 28, 2021 | 22 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason M. Wietholter, Reza Mirzaie, and Kristopher Davis - filed by EcoFactor, Inc.. (Attachments: # (1) [Proposed] Order, # (2) Certification of Jason M. Wietholter, # (3) Certification of Reza Mirzaie, # (4) Certification of Kristopher Davis)(Golden, Ronald) |
| Jul 28, 2021 | 22 | Motion for Leave to Appear Pro Hac Vice ([Proposed] Order) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason M. Wietholter, Reza Mirzaie, and Kristopher Davis - filed by EcoFactor, Inc.. (Attachments: # (1) [Proposed] Order, # (2) Certification of Jason M. Wietholter, # (3) Certification of Reza Mirzaie, # (4) Certification of Kristopher Davis)(Golden, Ronald) |
| Jul 28, 2021 | 22 | Motion for Leave to Appear Pro Hac Vice (Certification of Jason M. Wietholter) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason M. Wietholter, Reza Mirzaie, and Kristopher Davis - filed by EcoFactor, Inc.. (Attachments: # (1) [Proposed] Order, # (2) Certification of Jason M. Wietholter, # (3) Certification of Reza Mirzaie, # (4) Certification of Kristopher Davis)(Golden, Ronald) |
| Jul 28, 2021 | 22 | Motion for Leave to Appear Pro Hac Vice (Certification of Reza Mirzaie) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason M. Wietholter, Reza Mirzaie, and Kristopher Davis - filed by EcoFactor, Inc.. (Attachments: # (1) [Proposed] Order, # (2) Certification of Jason M. Wietholter, # (3) Certification of Reza Mirzaie, # (4) Certification of Kristopher Davis)(Golden, Ronald) |
| Jul 28, 2021 | 22 | Motion for Leave to Appear Pro Hac Vice (Certification of Kristopher Davis) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason M. Wietholter, Reza Mirzaie, and Kristopher Davis - filed by EcoFactor, Inc.. (Attachments: # (1) [Proposed] Order, # (2) Certification of Jason M. Wietholter, # (3) Certification of Reza Mirzaie, # (4) Certification of Kristopher Davis)(Golden, Ronald) |
| Jul 28, 2021 | 23 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of EcoFactors Paragraph 7(a) Disclosure under the Scheduling Order filed by EcoFactor, Inc..(Golden, Ronald) |
| Jul 27, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [21] MOTION for Pro Hac Vice Appearance of Attorney Megan S. Woodworth of Venable LLP filed by Ecobee, Inc. ORDERED by Judge Maryellen Noreika on 7/27/2021. (dlw) |
| Jul 26, 2021 | 21 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Megan S. Woodworth of Venable LLP - filed by Ecobee, Inc.. (Palapura, Bindu) |
| Jul 21, 2021 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Telephonic Hearing on [13] MOTION to Stay Pending ITC Investigation: IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 7/30/2021 at 11:00 AM before Judge Maryellen Noreika. The Court is setting aside 30 minutes for the argument with the time split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing. The parties, however, may agree upon a different time for the exchange of their respective slides. Counsel shall provide a teleconference dial-in number and code for the hearing by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 7/21/2021. (dlw) |
| Jul 20, 2021 | 19 | Reply to Response to Motion (8) Docket Text: REPLY to Response to Motion re [13] MOTION to Stay Pending ITC Investigation filed by EcoFactor, Inc. (Golden, Ronald) Modified on 7/21/2021 (dlw). |
| Jul 13, 2021 | 18 | Answering Brief in Opposition (Main Document) (13) Docket Text: ANSWERING BRIEF in Opposition re [13] MOTION to Stay Pending ITC Investigation filed by Ecobee, Inc..Reply Brief due date per Local Rules is 7/20/2021. (Attachments: # (1) Exhibit 1)(Moore, David) |
| Jul 13, 2021 | 18 | Answering Brief in Opposition (Exhibit 1) (30) Docket Text: ANSWERING BRIEF in Opposition re [13] MOTION to Stay Pending ITC Investigation filed by Ecobee, Inc..Reply Brief due date per Local Rules is 7/20/2021. (Attachments: # (1) Exhibit 1)(Moore, David) |
| Jul 12, 2021 | 17 | Notice (Other) (2) Docket Text: NOTICE of Change of Firm Affiliation by Ecobee, Inc. (O'Byrne, Stephanie) |
| Jul 6, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [16] STIPULATION TO EXTEND TIME for Plaintiff to file an opposition to Defendant's Motion to Stay (D.I. 13) to July 13, 2021 (Set Briefing Schedule: re [13] MOTION to Stay Pending ITC Investigation - Answering Brief due 7/13/2021). ORDERED by Judge Maryellen Noreika on 7/6/2021. (dlw) |
| Jul 2, 2021 | 16 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to file an opposition to Defendant's Motion to Stay (D.I. 13) to July 13, 2021 - filed by Ecobee, Inc.. (Palapura, Bindu) |
| Jun 28, 2021 | 14 | Proposed Order (15) Docket Text: PROPOSED ORDER // Scheduling Order by Ecobee, Inc. (Palapura, Bindu) Modified on 6/29/2021 (dlw). |
| Jun 28, 2021 | 15 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Bindu A. Palapura regarding the parties' proposed scheduling order - re [14] Proposed Order. (Palapura, Bindu) |
| Jun 22, 2021 | 13 | Motion to Stay (Main Document) (8) Docket Text: MOTION to Stay Pending ITC Investigation - filed by EcoFactor, Inc. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit A)(Golden, Ronald) Modified on 6/22/2021 (dlw). |
| Jun 22, 2021 | 13 | Motion to Stay (Text of Proposed Order) (1) Docket Text: MOTION to Stay Pending ITC Investigation - filed by EcoFactor, Inc. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit A)(Golden, Ronald) Modified on 6/22/2021 (dlw). |
| Jun 22, 2021 | 13 | Motion to Stay (Exhibit A) (7) Docket Text: MOTION to Stay Pending ITC Investigation - filed by EcoFactor, Inc. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit A)(Golden, Ronald) Modified on 6/22/2021 (dlw). |
| Jun 8, 2021 | 12 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of Joseph D. Farris, III by Ecobee, Inc. (Palapura, Bindu) |
| May 27, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/27/2021. (dlw) |
| May 26, 2021 | 10 | Answer to Counterclaim (Main Document) (15) Docket Text: ANSWER to [9] Answer to Complaint,, Counterclaim, by Ecobee, Inc.. (Attachments: # (1) Exhibit A)(Palapura, Bindu) |
| May 26, 2021 | 10 | Answer to Counterclaim (Exhibit A) (30) Docket Text: ANSWER to [9] Answer to Complaint,, Counterclaim, by Ecobee, Inc.. (Attachments: # (1) Exhibit A)(Palapura, Bindu) |
| May 5, 2021 | 9 | Answer to Complaint (Main Document) (21) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 1) (30) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 2) (30) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 3) (29) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 4) (30) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 5) (22) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 6) (30) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 7) (26) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| May 5, 2021 | 9 | Answer to Complaint (Exhibit 8) (30) Docket Text: ANSWER to [1] Complaint with Jury Demand , COUNTERCLAIM against Ecobee, Inc. by EcoFactor, 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)(Golden, Ronald) |
| Mar 24, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Steven M. Lubezny, Catherine N. Taylor, Manny J. Caixeiro for Ecobee, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Mar 24, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [8] STIPULATION TO EXTEND TIME for Defendant to answer, plead, or otherwise respond to Plaintiff's Complaint to May 5, 2021 (Set/Reset Answer Deadlines: EcoFactor, Inc. answer due 5/5/2021). ORDERED by Judge Maryellen Noreika on 3/24/2021. (dlw) |
| Mar 23, 2021 | 8 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendant to answer, plead, or otherwise respond to Plaintiff's Complaint to May 5, 2021 - filed by EcoFactor, Inc.. (Golden, Ronald) |
| Mar 16, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Timothy J. Carroll for Ecobee, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Mar 11, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [7] MOTION for Pro Hac Vice Appearance of Attorney Timothy Carroll, Steven Lubezny, Catherine N. Taylor, and Manny J. Caixeiro of Dentons US LLP filed by Ecobee, Inc. ORDERED by Judge Maryellen Noreika on 3/11/2021. (dlw) |
| Mar 10, 2021 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:21-cv-00323-MN, 1:21-cv-00328-MN (rjb) |
| Mar 4, 2021 | 7 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Timothy Carroll, Steven Lubezny, Catherine N. Taylor, and Manny J. Caixeiro of Dentons US LLP - filed by Ecobee, Inc.. (Palapura, Bindu) |
| Mar 2, 2021 | 1 | Complaint* (1) |
| Mar 2, 2021 | 1 | Complaint (Main Document) (9) Docket Text: COMPLAINT FOR DECLARATORY JUDGMENT filed against EcoFactor, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3556929.) - filed by Ecobee, Inc.. (Attachments: # (1) Exhibit 1-5, # (2) Civil Cover Sheet)(myr) |
| Mar 2, 2021 | 1 | Complaint (Exhibit 1-5) (30) Docket Text: COMPLAINT FOR DECLARATORY JUDGMENT filed against EcoFactor, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3556929.) - filed by Ecobee, Inc.. (Attachments: # (1) Exhibit 1-5, # (2) Civil Cover Sheet)(myr) |
| Mar 2, 2021 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT FOR DECLARATORY JUDGMENT filed against EcoFactor, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3556929.) - filed by Ecobee, Inc.. (Attachments: # (1) Exhibit 1-5, # (2) Civil Cover Sheet)(myr) |
| Mar 2, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Mar 2, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,019,567 B2 ;10,612,983 B2 ;8,596,550 ;8,886,488. (myr) |
| Mar 2, 2021 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents, Affiliates are Just Energy and Ontario Capital Growth Corporation filed by Ecobee, Inc. (myr) Modified on 3/2/2021 (myr). |
| Mar 2, 2021 | 5 | Summons Issued - Electronic (2) Docket Text: Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) |
| Mar 2, 2021 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Ecobee, Inc.. EcoFactor, Inc. served on 3/2/2021, answer due 3/23/2021. (Moore, David) |
