Case number 2016-2315
Exergen Corporation v. Kaz Usa, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 23, 2021 | 0 | EXERGEN CORPORATION v. KAZ USA, INC. [OPINION] [nonprecedential] (0) |
| May 8, 2018 | 77 | ORDER filed denying [76] motion to reissue as precedential. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [519933] [SJ] [Entered: 05/08/2018 09:59 AM] (2) |
| May 7, 2018 | 76 | CORRECTED ENTRY: MOTION of Michael J. Andri to reissue as precedential the Nonprecedential Opinion [67] [Consent: not addressed]. Service: 05/07/2018 by email. [519650]--[Edited 05/07/2018 by SMJ - Reason: to correct relief selected] [Michael Andri] [Entered: 05/07/2018 01:44 PM] (34) |
| Apr 16, 2018 | 75 | Mandate issued to the United States District Court for the District of Massachusetts. Service as of this date by the Clerk of Court. [513490] [16-2315, 16-2341] [JAB] [Entered: 04/16/2018 08:44 AM] (1) |
| Apr 13, 2018 | 74 | **TEXT ONLY** ORDER granting motion to withdraw attorney Brandon T. Scruggs [73] filed by Cross-Appellant Exergen Corporation. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [513382] [JAB] [Entered: 04/13/2018 03:42 PM] (0) |
| Apr 13, 2018 | 73 | MOTION of Cross-Appellant Exergen Corporation to withdraw counsel Brandon T. Scruggs. Any response is due within 10 days of service. [Consent: unopposed]. Service: 04/13/2018 by email. [513356] [16-2315] [Robert Asher] [Entered: 04/13/2018 03:17 PM] (4) |
| Apr 4, 2018 | 72 | Notice of Rejection to Cross-Appellant Exergen Corporation, the following document(s) cannot be filed: [71] party letter. Reason: not compliant with FCR 47.3(c)(5). [510455] [JAB] [Entered: 04/04/2018 08:24 AM] (1) |
| Apr 3, 2018 | 71 | Notice from Cross-Appellant Exergen Corporation Notice of Withdrawal of Brandon T. Scruggs. Service: 04/03/2018 by email. [510337] [16-2315] This document has been rejected. See Doc. No. [72]. [Brandon Scruggs] [Entered: 04/03/2018 03:48 PM] (0) |
| Mar 16, 2018 | 70 | ORDER filed denying [68] motion to reissue as precedential filed by KAZ USA, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [505826] [SJ] [Entered: 03/16/2018 10:01 AM] (2) |
| Mar 15, 2018 | 69 | RESPONSE of Cross-Appellant Exergen Corporation to the motion to reissue as precedential [68] filed by Appellant KAZ USA, Inc. in 16-2315. Service: 03/15/2018 by email. [505716] [Kerry Timbers] [Entered: 03/15/2018 04:45 PM] (6) |
| Mar 14, 2018 | 68 | MOTION of Appellant KAZ USA, Inc. to reissue as precedential the opinion Nonprecedential Opinion [67]. Any response is due within 10 days of service [Consent: opposed]. Service: 03/14/2018 by email. [505125] [Pratik Shah] [Entered: 03/14/2018 04:07 PM] (44) |
| Mar 8, 2018 | 67 | OPINION and JUDGMENT filed. The judgment or decision is: Affirmed-in-Part, Reversed-in-Part, Vacated-in-Part, and Remanded. (Nonprecedential Opinion). (For the Court: Moore,Circuit Judge; Bryson,Circuit Judge and Hughes,Circuit Judge). Dissenting opinion filed by Circuit Judge Hughes. [503438] [16-2315, 16-2341] [JAB] [Entered: 03/08/2018 09:27 AM] (35) |
| Dec 4, 2017 | 66 | Submitted after ORAL ARGUMENT by Pratik A. Shah for KAZ USA, Inc. and Kerry L. Timbers for Exergen Corporation. Panel: Judge: Moore, Judge: Bryson, Judge: Hughes. [480026] [SJ] [Entered: 12/04/2017 03:52 PM] (0) |
| Nov 27, 2017 | 65 | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant KAZ USA, Inc.. Service: 11/27/2017 by email. [478416] [Pratik Shah] [Entered: 11/27/2017 08:33 PM] (2) |
| Nov 27, 2017 | 64 | RESPONSE of Cross-Appellant Exergen Corporation to the supplemental authority [62] filed by Appellant KAZ USA, Inc. in 16-2315. Service: 11/27/2017 by email. [478401] [Kerry Timbers] [Entered: 11/27/2017 05:58 PM] (3) |
| Nov 21, 2017 | 63 | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Cross-Appellant Exergen Corporation. Service: 11/21/2017 by email. [477469] [Kerry Timbers] [Entered: 11/21/2017 02:13 PM] (10) |
| Nov 17, 2017 | 62 | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant KAZ USA, Inc.. Service: 11/17/2017 by email. [476686] [Pratik Shah] [Entered: 11/17/2017 03:21 PM] (11) |
| Nov 15, 2017 | 61 | Response to oral argument order from the Appellant KAZ USA, Inc.. designating Pratik A. Shah as arguing attorney. Designated time for argument: 11 minutes. Designated time for rebuttal: 4 minutes. Service of other counsel by Notice of Docket Activity from this entry. [475852] [Pratik Shah] [Entered: 11/15/2017 02:52 PM] (0) |
| Nov 13, 2017 | 60 | Response to oral argument order from the Cross-Appellant Exergen Corporation. designating Kerry L. Timbers as arguing attorney. Designated time for argument: 14 minutes. Designated time for rebuttal: 1 minutes. Service of other counsel by Notice of Docket Activity from this entry. [475025] [Brandon Scruggs] [Entered: 11/13/2017 05:32 PM] (0) |
| Oct 20, 2017 | 59 | NOTICE OF CALENDARING. Panel: 1712D. Case scheduled Dec 04, 2017 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, N.W. Washington, DC 20439), Courtroom 203. Response to oral argument order due: 11/15/2017. Arguing counsel is required to check-in with the Clerk's Office, 4th Floor, Room 401, between 8:30 a.m. and 9:30 a.m. on the day of argument. Please review the Oral Argument Order. [469375] [JAB] [Entered: 10/20/2017 12:01 PM] (0) |
| Oct 17, 2017 | 58 | Notice from Appellant KAZ USA, Inc. regarding conflicts with oral argument (December 6-8, 2017). Service: 10/17/2017 by email. [468638] [Pratik Shah] [Entered: 10/17/2017 09:26 PM] (2) |
| Sep 6, 2017 | 57 | Notice from Appellant KAZ USA, Inc. regarding conflicts with oral argument (Unavailable for oral argument November 6 - 9, 2017.). Service: 09/06/2017 by email. [458828] [Pratik Shah] [Entered: 09/06/2017 09:28 AM] (2) |
| Jun 29, 2017 | 56 | Notice from Appellant KAZ USA, Inc. regarding conflicts with oral argument (September 8, 2017). Service: 06/29/2017 by email. [443055] [Pratik Shah] [Entered: 06/29/2017 10:48 AM] (2) |
| May 19, 2017 | 55 | Notice from Cross-Appellant Exergen Corporation regarding conflicts with oral argument (None). Service: 05/19/2017 by email. [432861] [Brandon Scruggs] [Entered: 05/19/2017 01:57 PM] (2) |
| May 16, 2017 | 54 | 6 paper copies of the Joint Appendix (Vol. I-III) [52] received from Appellant KAZ USA, Inc. [432001] [KW] [Entered: 05/16/2017 03:50 PM] (0) |
| May 16, 2017 | 53 | Pursuant to Practice Note 34, counsel should advise the clerk of court of scheduling conflicts for the next three court weeks, or thereafter. When filing the notice of conflicts, counsel should docket the Notice Regarding Conflicts with Argument Dates event, which is found in the Calendar event category. The notice of conflict with oral argument is due on or before 05/23/2017. [431642] [JB] [Entered: 05/16/2017 08:01 AM] (0) |
| May 15, 2017 | 52 | APPENDIX FILED for KAZ USA, Inc. [47]. Number of Pages: 1472. Service: 03/22/2017 by email. The paper copies of the appendix should be received by the court on or before 05/22/2017. [431419] [MJL] [Entered: 05/15/2017 02:18 PM] (1472) |
| May 15, 2017 | 51 | ORDER filed. The motion [49] is granted. The joint appendix submitted on March 22, 2017 is accepted for filing. A copy of the order will be transmitted to the merits panel assigned to this case.; - FOR CALENDAR. Service: 05/15/2017 by clerk. [431408] [LMS] [Entered: 05/15/2017 01:57 PM] (2) |
| Apr 21, 2017 | 50 | Notice from Appellant KAZ USA, Inc. regarding conflicts with oral argument (Unavailable for oral argument July 14 and August 9-11, 2017.). Service: 04/21/2017 by email. [426156] [Pratik Shah] [Entered: 04/21/2017 12:29 PM] (2) |
| Apr 4, 2017 | 49 | MOTION of Appellant KAZ USA, Inc. to waive the requirements regarding the appendix (Consent Motion to File Non-Conforming Joint Appendix; Fed Cir. R. 30(h)(2)). Any response is due within 10 days of service [Consent: unopposed]. Service: 04/04/2017 by email. [421488] [Pratik Shah] [Entered: 04/04/2017 05:53 PM] (8) |
| Mar 24, 2017 | 48 | NOTICE OF REJECTION: The brief of Appellant KAZ USA, Inc. and Cross-Appellant Exergen Corporation, Joint Appendix [47], is not in compliance with the rules of this court and is therefore rejected for filing. Corrected Appendix due is 04/07/2017. Service as of this date by Clerk of Court. [418861] [JB] [Entered: 03/24/2017 04:07 PM] (2) |
| Mar 22, 2017 | 47 | TENDERED from Appellant KAZ USA, Inc. and Cross-Appellant Exergen Corporation. Title: JOINT APPENDIX. Service: 03/22/2017 by email. [418141]--[Edited 05/15/2017 by clerk to reflect acceptance of appendix] [Pratik Shah] [Entered: 03/22/2017 06:32 PM] (1472) |
| Mar 17, 2017 | 46 | 6 paper copies of the Reply Brief [45] received from Cross-Appellant Exergen Corporation. [416638] [KW] [Entered: 03/17/2017 02:38 PM] (0) |
| Mar 15, 2017 | 45 | REPLY BRIEF FILED for Cross-Appellant Exergen Corporation [44]. Number of Pages: 13. Service: 03/15/2017 by email. The paper copies of the brief should be received by the court on or before 03/22/2017. Appendix is due 03/22/2017. [415780] [JB] [Entered: 03/15/2017 03:35 PM] (21) |
| Mar 15, 2017 | 44 | TENDERED from Cross-Appellant Exergen Corporation. Title: REPLY BRIEF. Service: 03/15/2017 by email. [415692] [Joel Leeman] [Entered: 03/15/2017 01:10 PM] (21) |
| Mar 8, 2017 | 43 | Statement of Compliance with Fed. Cir. R. 33 for Appellant KAZ USA, Inc. and Cross-Appellant Exergen Corporation. Service: 03/08/2017 by email. [413598] [Pratik Shah] [Entered: 03/08/2017 04:35 PM] (6) |
| Mar 3, 2017 | 42 | 6 paper copies of the Reply Brief [41] received from Appellant KAZ USA, Inc. [412757] [KW] [Entered: 03/06/2017 02:09 PM] (0) |
| Mar 1, 2017 | 40 | TENDERED from Appellant KAZ USA, Inc.. Title: RESPONSE BRIEF. Service: 03/01/2017 by email. [411799] [Pratik Shah] [Entered: 03/01/2017 08:37 PM] (57) |
| Mar 1, 2017 | 41 | REPLY BRIEF FILED for Appellant KAZ USA, Inc. [40]. Number of Pages: 46. Service: 03/01/2017 by email. The paper copies of the brief should be received by the court on or before 03/09/2017. Cross-Appellant's reply brief is due 03/15/2017. [412021] [JB] [Entered: 03/02/2017 02:44 PM] (57) |
| Jan 11, 2017 | 39 | ORDER filed. The motion [37] is granted. Kaz USA, Inc.'s response and reply brief is due March 1, 2017. Service: 01/11/2017 by clerk. [397918] [LMS] [Entered: 01/11/2017 02:47 PM] (2) |
| Jan 6, 2017 | 38 | RESPONSE of Cross-Appellant Exergen Corporation to the motion to extend time to file reply brief [37] filed by Appellant KAZ USA, Inc. in 16-2315. Service: 01/06/2017 by email. [396696] [Kerry Timbers] [Entered: 01/06/2017 11:28 AM] (48) |
| Jan 5, 2017 | 37 | MOTION of Appellant KAZ USA, Inc. to extend the time to 03/01/2017 at 11:59 pm to file the reply brief. Any response is due within 10 days of service [Consent: opposed]. Service: 01/05/2017 by email. [396422] [Pratik Shah] [Entered: 01/05/2017 12:29 PM] (8) |
| Dec 22, 2016 | 36 | 6 paper copies of the Opening Response Brief [35] received from Cross-Appellant Exergen Corporation. [393581] [JCP] [Entered: 12/22/2016 12:35 PM] (0) |
| Dec 19, 2016 | 35 | BRIEF FILED for Cross-Appellant Exergen Corporation [34]. Number of Pages: 68. Service: 12/19/2016 by email. The paper copies of the brief should be received by the court on or before 12/27/2016. Appellant's reply brief is due 01/30/2017. [392670] [JB] [Entered: 12/20/2016 12:55 PM] (98) |
| Dec 19, 2016 | 34 | TENDERED from Cross-Appellant Exergen Corporation. Title: OPENING BRIEF. Service: 12/19/2016 by email. [392461] [Kerry Timbers] [Entered: 12/19/2016 08:59 PM] (98) |
| Dec 19, 2016 | 33 | Entry of appearance for Sharona Sternberg as of counsel for Cross-Appellant Exergen Corporation. Service: 12/19/2016 by email. [392328] [Sharona Sternberg] [Entered: 12/19/2016 03:17 PM] (2) |
| Nov 14, 2016 | 32 | 6 paper copies of the Corrected Opening Brief [31] received from Appellant KAZ USA, Inc. [382979] [KW] [Entered: 11/15/2016 08:54 AM] (0) |
| Nov 8, 2016 | 31 | CORRECTED BRIEF FILED for Appellant KAZ USA, Inc. [30]. Number of Pages: 147. Service: 11/08/2016 by email. The paper copies of the brief should be received by the court on or before 11/14/2016. [381386] [JB] [Entered: 11/08/2016 03:34 PM] (147) |
| Nov 8, 2016 | 30 | TENDERED from Appellant KAZ USA, Inc.. Title: CORRECTED OPENING BRIEF. Service: 11/08/2016 by email. [381335] [Pratik Shah] [Entered: 11/08/2016 02:47 PM] (147) |
| Nov 8, 2016 | 29 | NOTICE OF REJECTION: The brief of Appellant KAZ USA, Inc., Opening Brief [28], is not in compliance with the rules of this court and is therefore rejected for filing. (See attached notice) Corrected Brief due 11/22/2016. Cross-Appellant Exergen Corporation brief is due 12/19/2016. Service as of this date by Clerk of Court. [381224] [JB] [Entered: 11/08/2016 11:27 AM] (2) |
| Nov 7, 2016 | 28 | TENDERED from Appellant KAZ USA, Inc.. Title: OPENING BRIEF. Service: 11/07/2016 by email. [381075] his brief has been rejected. See Doc No. [29] [Pratik Shah] [Entered: 11/07/2016 07:22 PM] (0) |
| Aug 31, 2016 | 27 | ORDER filed. The motion [25] is denied. Service: 08/31/2016 by clerk. [363503] [LMS] [Entered: 08/31/2016 03:44 PM] (2) |
| Aug 23, 2016 | 26 | REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [361255] [JB] [Entered: 08/23/2016 12:46 PM] (0) |
| Aug 11, 2016 | 25 | MOTION of Cross-Appellant Exergen Corporation to reconsider clerk order [24]. Response/Opposition is due 08/25/2016 [Consent: opposed]. Service: 08/11/2016 by email. [358065] [Kerry Timbers] [Entered: 08/11/2016 01:09 PM] (50) |
| Aug 9, 2016 | 24 | ORDER filed. The motion [23] is granted. The opening brief is due November 7, 2016. Service: 08/09/2016 by clerk. [357427] [LMS] [Entered: 08/09/2016 03:34 PM] (2) |
| Aug 4, 2016 | 23 | MOTION of Appellant KAZ USA, Inc. to extend the time to 11/07/2016 at 11:59 pm to file the appellant/petitioner's principal brief. Response/Opposition is due 08/18/2016 [Consent: opposed]. Service: 08/04/2016 by email. [356133] [Pratik Shah] [Entered: 08/04/2016 11:34 AM] (9) |
| Jul 25, 2016 | 22 | Entry of appearance for Z.W. Julius Chen as of counsel for Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353482] [Z.W. Chen] [Entered: 07/25/2016 05:16 PM] (2) |
| Jul 25, 2016 | 21 | Entry of appearance for Daniel L. Moffett as of counsel for Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353481] [Daniel Moffett] [Entered: 07/25/2016 05:14 PM] (2) |
| Jul 25, 2016 | 20 | Entry of appearance for James E. Tysse as of counsel for Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353477] [James Tysse] [Entered: 07/25/2016 05:11 PM] (2) |
| Jul 25, 2016 | 19 | Entry of appearance for Kirt S. O'Neill as of counsel for Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353476] [Kirt O'Neill] [Entered: 07/25/2016 05:08 PM] (2) |
| Jul 25, 2016 | 18 | Corrected Docketing Statement for the Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353472] [Brandon Scruggs] [Entered: 07/25/2016 05:06 PM] (5) |
| Jul 25, 2016 | 17 | Corrected Certificate of Interest for the Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353471] [Brandon Scruggs] [Entered: 07/25/2016 05:05 PM] (2) |
| Jul 25, 2016 | 16 | Docketing Statement for the Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353468] [Pratik Shah] [Entered: 07/25/2016 05:01 PM] (3) |
| Jul 25, 2016 | 15 | Certificate of Interest for the Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353467] [Pratik Shah] [Entered: 07/25/2016 05:00 PM] (3) |
| Jul 25, 2016 | 14 | NOTICE OF DEFICIENCY: The certificate of interest Document No. [8] filed by Cross-Appellant Exergen Corporation in 16-2315 is submitted using an outdated form. Please use the COI form updated on 03/2016. Also, it does not follow official caption provided by clerk [party designations should be Plaintiff-Cross-appellant and Defendant-Appellant]. The docketing statement Document No. [9], does not follow official caption provided by clerk [party designations] and therefore cannot be accepted for filing at this time. These documents cannot be accepted for filing at this time. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [353449] [JB] [Entered: 07/25/2016 04:24 PM] (0) |
| Jul 25, 2016 | 13 | Entry of appearance for Joel R. Leeman as of counsel for Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353416] [Joel Leeman] [Entered: 07/25/2016 03:40 PM] (2) |
| Jul 25, 2016 | 12 | Entry of appearance for Robert M. Asher as of counsel for Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353400] [Robert Asher] [Entered: 07/25/2016 03:27 PM] (2) |
| Jul 25, 2016 | 11 | Entry of appearance for Kerry L. Timbers as principal counsel for Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353389] [Kerry Timbers] [Entered: 07/25/2016 03:17 PM] (2) |
| Jul 25, 2016 | 10 | Corrected Entry of appearance for Brandon T. Scruggs as of counsel for Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353388] [Brandon Scruggs] [Entered: 07/25/2016 03:14 PM] (2) |
| Jul 25, 2016 | 9 | Docketing Statement for the Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353379] [Brandon Scruggs] [Entered: 07/25/2016 03:06 PM] (0) |
| Jul 25, 2016 | 8 | Certificate of Interest for the Cross-Appellant Exergen Corporation. Service: 07/25/2016 by email. [353378] [Brandon Scruggs] [Entered: 07/25/2016 03:05 PM] (0) |
| Jul 25, 2016 | 7 | Entry of appearance for Brandon T. Scruggs as of counsel for Appellant Kaz Usa, Inc.. Service: 07/25/2016 by email. [353375] [Brandon Scruggs] [Entered: 07/25/2016 03:04 PM] (2) |
| Jul 20, 2016 | 6 | CORRECTED certificate of service for Appellant Kaz Usa, Inc. for transcript purchase order form , Doc No. [5]. Service: 07/20/2016 by email. [352337] [Pratik Shah] [Entered: 07/20/2016 02:53 PM] (1) |
| Jul 20, 2016 | 5 | Transcript Purchase Order Form for the Appellant Kaz Usa, Inc. indicating that a transcript is already on file. Service: 07/20/2016 by email. [352288] [Pratik Shah] [Entered: 07/20/2016 01:55 PM] (1) |
| Jul 20, 2016 | 4 | Entry of appearance for Pratik A. Shah as principal counsel for Appellant Kaz Usa, Inc.. Service: 07/20/2016 by email. [352265] [Pratik Shah] [Entered: 07/20/2016 12:40 PM] (2) |
| Jul 14, 2016 | 3 | Official caption revised to add cross appeal docketed on 7/14/2016. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by Clerk of Court. [350789] [JB] [Entered: 07/14/2016 01:08 PM] (0) |
| Jul 14, 2016 | 2 | Note to file: The following cases are associated:16-2315 Lead with 16-2341 Cross-Appeal. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [350782] [JB] [Entered: 07/14/2016 01:04 PM] (0) |
| Jul 11, 2016 | 1 | Appeal docketed. Received: 07/07/2016. [349689]Entry of Appearance due 07/25/2016. Certificate of Interest is due on 07/25/2016. Docketing Statement due 07/25/2016. Appellant/Petitioner's brief is due 09/09/2016. [JB] [Entered: 07/11/2016 10:50 AM] (83) |
