Case number 1:19-cv-01994
Ficep Corporation v. Peddinghaus Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 12, 2022 | 85 | Appeal Transcript Request (1) Docket Text: TRANSCRIPT REQUEST by Ficep Corporation for proceedings held on December 3, 2020; February 17, 2022 before Judge The Honorable Christopher J. Burke and The Honorable Richard G. Andrews, (Vrana, Robert) |
| Mar 30, 2022 | 84 | USCA Notice of Docketing ROA (3) Docket Text: NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re [83] Notice of Appeal (Federal Circuit), filed by Ficep Corporation. USCA Case Number 2022-1590. (nms) |
| Mar 29, 2022 | N/A | APPEAL - Credit Card Payment (0) Docket Text: APPEAL - Credit Card Payment of $505.00 received re [83] Notice of Appeal (Federal Circuit) filed by Ficep Corporation. ( Filing fee $505, receipt number ADEDC-3836344.) (Vrana, Robert) |
| Mar 29, 2022 | N/A | Appeal Notification to Reporter Triozzi (0) Docket Text: Notification regarding [83] Notice of Appeal (Federal Circuit) sent to Reporter Triozzi (mal) |
| Mar 29, 2022 | N/A | Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re [83] Notice of Appeal (Federal Circuit). (mal) |
| Mar 29, 2022 | 83 | Notice of Appeal (Federal Circuit) (Main Document) (2) Docket Text: NOTICE OF APPEAL to the Federal Circuit of [81] Judgment . Appeal filed by Ficep Corporation. (Attachments: # (1) Exhibit A)(Vrana, Robert) |
| Mar 29, 2022 | 83 | Notice of Appeal (Federal Circuit) (Exhibit A) (3) Docket Text: NOTICE OF APPEAL to the Federal Circuit of [81] Judgment . Appeal filed by Ficep Corporation. (Attachments: # (1) Exhibit A)(Vrana, Robert) |
| Mar 29, 2022 | 83 | Notice of Appeal* (1) |
| Feb 28, 2022 | 78 | Transcript (52) Docket Text: Official Transcript of Oral Argument held on 2/17/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/21/2022. Redacted Transcript Deadline set for 3/31/2022. Release of Transcript Restriction set for 5/31/2022. (Triozzi, Heather) |
| Feb 28, 2022 | 79 | Memorandum Opinion (17) Docket Text: MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 2/28/2022. (nms) |
| Feb 28, 2022 | 80 | Order (1) Docket Text: ORDER: Defendant's Motion for Summary Judgment of Unpatentability Under 35 U.S.C. §101 (D.I. [49]) is GRANTED. Signed by Judge Richard G. Andrews on 2/28/2022. (nms) |
| Feb 28, 2022 | 81 | Judgment (1) Docket Text: JUDGMENT in favor of Defendant and against Plaintiff (CASE CLOSED). Signed by Judge Richard G. Andrews on 2/28/2022. (nms) |
| Feb 28, 2022 | 82 | Patent/Trademark Report to Commissioner (Main Document) (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,974,719. (Attachments: # (1) Judgment)(nms) |
| Feb 28, 2022 | 82 | Patent/Trademark Report to Commissioner (Judgment) (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,974,719. (Attachments: # (1) Judgment)(nms) |
| Feb 17, 2022 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on the Motion for Summary Judgment of Unpatentability Under 35 U.S.C. §101 (D.I. [49]) held on 2/17/2022. Counsel for Plaintiff: A. Poff. Counsel for Defendant: K. Farnan. (Court Reporter Heather Triozzi.) (lak) |
| Jan 26, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A hearing on the Motion for Summary Judgment of Unpatentability Under 35 U.S.C. §101 (D.I. [49]) is now set for 2/17/2022, at 2:00 PM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 1/26/2022. (nms) |
| Jan 20, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Joint Motion for Hearing on Claim Construction (D.I. [73]) is GRANTED. At the request of the parties the Markman Hearing scheduled for 2/24/2022, is CANCELED. The Markman is now rescheduled for 3/3/2022, at 9:30 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 1/20/2022. (nms) |
| Jan 19, 2022 | 73 | Motion for Hearing (2) Docket Text: Joint Motion for Hearing on Claim Construction - filed by Ficep Corporation. (Vrana, Robert) Modified on 1/19/2022 (nms). |
| Jan 19, 2022 | 74 | Joint Claim Construction Brief (30) Docket Text: JOINT Claim Construction Brief, filed by Ficep Corporation. (Vrana, Robert) Modified on 1/19/2022 (nms). |
| Jan 19, 2022 | 75 | Appendix (Main Document) (3) Docket Text: Joint Appendix re [74] Joint Claim Construction Brief, by Ficep Corporation. (Attachments: # (1) Exhibits G-Q)(Vrana, Robert) Modified on 1/19/2022 (nms). |
| Jan 19, 2022 | 75 | Appendix (Exhibit G through Q) (30) Docket Text: Joint Appendix re [74] Joint Claim Construction Brief, by Ficep Corporation. (Attachments: # (1) Exhibits G-Q)(Vrana, Robert) Modified on 1/19/2022 (nms). |
| Dec 23, 2021 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Reply Claim Construction Brief filed by Ficep Corporation.(Vrana, Robert) |
| Dec 6, 2021 | 71 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of Answering Claim Construction Brief filed by Peddinghaus Corporation.(Farnan, Kelly) |
| Nov 8, 2021 | 70 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Opening Claim Construction Brief and Appendix filed by Ficep Corporation.(Vrana, Robert) |
| Oct 8, 2021 | 69 | Claim Construction Chart (Main Document) (3) Docket Text: Joint Claim Construction Chart, by Ficep Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibits B-F)(Poff, Adam) Modified on 10/8/2021 (nms). |
| Oct 8, 2021 | 69 | Claim Construction Chart (Exhibit A) (9) Docket Text: Joint Claim Construction Chart, by Ficep Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibits B-F)(Poff, Adam) Modified on 10/8/2021 (nms). |
| Oct 8, 2021 | 69 | Claim Construction Chart (Exhibit B through F) (30) Docket Text: Joint Claim Construction Chart, by Ficep Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibits B-F)(Poff, Adam) Modified on 10/8/2021 (nms). |
| Sep 21, 2021 | 68 | Notice (Other) (Main Document) (1) Docket Text: NOTICE of Subpoena on Trimble Inc. by Peddinghaus Corporation (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Sep 21, 2021 | 68 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena on Trimble Inc. by Peddinghaus Corporation (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Sep 20, 2021 | 67 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Proposed Claim Terms and Proposed Claim Constructions filed by Ficep Corporation.(Vrana, Robert) |
| Sep 17, 2021 | 66 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of Peddinghaus's Identification of Claim Terms for Construction filed by Peddinghaus Corporation.(Farnan, Kelly) |
| Sep 10, 2021 | 65 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of Peddinghaus's Preliminary Invalidity Contentions filed by Peddinghaus Corporation.(Farnan, Kelly) |
| Aug 18, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John W. McBride for Peddinghaus Corporation 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. (mal) |
| Aug 18, 2021 | 64 | Request for Oral Argument (3) Docket Text: REQUEST for Oral Argument by Ficep Corporation re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101. (Vrana, Robert) |
| Aug 17, 2021 | 60 | Notice of Service (Main Document) (1) Docket Text: NOTICE OF SERVICE of Subpoena on Bentley Systems, Inc. filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 60 | Notice of Service (Exhibit 1) (30) Docket Text: NOTICE OF SERVICE of Subpoena on Bentley Systems, Inc. filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 61 | Notice of Service (Main Document) (1) Docket Text: NOTICE OF SERVICE of Subpoena on Graitec USA, Inc. filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 61 | Notice of Service (Exhibit 1) (6) Docket Text: NOTICE OF SERVICE of Subpoena on Graitec USA, Inc. filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 62 | Notice of Service (Main Document) (1) Docket Text: NOTICE OF SERVICE of Subpoena on SDS/2 filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 62 | Notice of Service (Exhibit 1) (30) Docket Text: NOTICE OF SERVICE of Subpoena on SDS/2 filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 63 | Notice of Service (Main Document) (1) Docket Text: NOTICE OF SERVICE of Subpoena on Trimble, Inc. filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 17, 2021 | 63 | Notice of Service (Exhibit 1) (30) Docket Text: NOTICE OF SERVICE of Subpoena on Trimble, Inc. filed by Peddinghaus Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Aug 11, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [56] MOTION for Pro Hac Vice Appearance of Attorney John W. McBride, filed by Peddinghaus Corporation. Signed by Judge Richard G. Andrews on 8/11/2021. (nms) |
| Aug 11, 2021 | 58 | Reply Brief (15) Docket Text: REPLY BRIEF re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101 filed by Peddinghaus Corporation. (Farnan, Kelly) |
| Aug 11, 2021 | 59 | Declaration (Main Document) (2) Docket Text: DECLARATION of Leif Peterson re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, filed by Peddinghaus Corporation. (Attachments: # (1) Exhibits 4-5)(Farnan, Kelly) Modified on 8/12/2021 (nms). |
| Aug 11, 2021 | 59 | Declaration (Exhibit 4-5) (30) Docket Text: DECLARATION of Leif Peterson re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, filed by Peddinghaus Corporation. (Attachments: # (1) Exhibits 4-5)(Farnan, Kelly) Modified on 8/12/2021 (nms). |
| Aug 10, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Sarah E. Rieger for Ficep Corporation 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) |
| Aug 10, 2021 | 57 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Ficep Corporation's Paragaph 4(c) Preliminary Infringement Contentions filed by Ficep Corporation.(Vrana, Robert) |
| Aug 9, 2021 | 56 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John W. McBride - filed by Peddinghaus Corporation. (Farnan, Kelly) |
| Jul 28, 2021 | 53 | Answering Brief in Opposition (Main Document) (30) Docket Text: ANSWERING BRIEF in Opposition re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, filed by Ficep Corporation. Reply Brief due date per Local Rules is 8/4/2021. (Attachments: # (1) Exhibits 1-7)(Vrana, Robert) Modified on 7/29/2021 (nms). |
| Jul 28, 2021 | 53 | Answering Brief in Opposition (Exhibit 1 through 7) (30) Docket Text: ANSWERING BRIEF in Opposition re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, filed by Ficep Corporation. Reply Brief due date per Local Rules is 8/4/2021. (Attachments: # (1) Exhibits 1-7)(Vrana, Robert) Modified on 7/29/2021 (nms). |
| Jul 28, 2021 | 54 | Declaration (Main Document) (18) Docket Text: DECLARATION of Tim Chipman re [53] Answering Brief in Opposition, by Ficep Corporation. (Attachments: # (1) Exhibits A-E)(Vrana, Robert) Modified on 7/29/2021 (nms). |
| Jul 28, 2021 | 54 | Declaration (Exhibit A through E) (30) Docket Text: DECLARATION of Tim Chipman re [53] Answering Brief in Opposition, by Ficep Corporation. (Attachments: # (1) Exhibits A-E)(Vrana, Robert) Modified on 7/29/2021 (nms). |
| Jul 28, 2021 | 55 | Declaration (Main Document) (8) Docket Text: DECLARATION of Christian Colombo re [53] Answering Brief in Opposition, by Ficep Corporation. (Attachments: # (1) Exhibit A)(Vrana, Robert) Modified on 7/29/2021 (nms). |
| Jul 28, 2021 | 55 | Declaration (Exhibit A) (30) Docket Text: DECLARATION of Christian Colombo re [53] Answering Brief in Opposition, by Ficep Corporation. (Attachments: # (1) Exhibit A)(Vrana, Robert) Modified on 7/29/2021 (nms). |
| Jul 9, 2021 | 52 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of Defendants ESI Rule 4.b Disclosures filed by Peddinghaus Corporation.(Farnan, Kelly) |
| Jul 7, 2021 | 49 | Motion for Summary Judgment (Main Document) (1) Docket Text: MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101 - filed by Peddinghaus Corporation. (Attachments: # (1) Proposed Order)(Farnan, Kelly) Modified on 7/8/2021 (nms). |
| Jul 7, 2021 | 49 | Motion for Summary Judgment (Text of Proposed Order Proposed Order) (1) Docket Text: MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101 - filed by Peddinghaus Corporation. (Attachments: # (1) Proposed Order)(Farnan, Kelly) Modified on 7/8/2021 (nms). |
| Jul 7, 2021 | 50 | Opening Brief in Support (30) Docket Text: OPENING BRIEF in Support re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, filed by Peddinghaus Corporation.Answering Brief/Response due date per Local Rules is 7/21/2021. (Farnan, Kelly) Modified on 7/8/2021 (nms). |
| Jul 7, 2021 | 51 | Declaration (Main Document) (2) Docket Text: DECLARATION of Lief Peterson re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, by Peddinghaus Corporation. (Attachments: # (1) Exhibits 1-3)(Farnan, Kelly) Modified on 7/8/2021 (nms). |
| Jul 7, 2021 | 51 | Declaration (Exhibit 1-3) (24) Docket Text: DECLARATION of Lief Peterson re [49] MOTION for Summary Judgment of Unpatentability Under 35 U.S.C. §101, by Peddinghaus Corporation. (Attachments: # (1) Exhibits 1-3)(Farnan, Kelly) Modified on 7/8/2021 (nms). |
| Jun 7, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [48] MOTION for Pro Hac Vice Appearance of Attorney Matthew B. Lowrie, Kevin M. Littman, and Sarah E. Rieger, filed by Ficep Corporation. Signed by Judge Richard G. Andrews on 6/7/2021. (nms) |
| Jun 7, 2021 | 46 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Ficep Corporation, LLC's Paragraph 3 Disclosures; 2) Ficep Corporation, LLC's Initial Disclosures (Pursuant to Rule 26(a))(1)); and 3) Ficep Corporation, LLC's Paragraph 4 Disclosures (and File History) filed by Ficep Corporation.(Vrana, Robert) |
| Jun 7, 2021 | 47 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of resolution of inter partes review proceedings by Ficep Corporation (Attachments: # (1) Exhibit A)(Vrana, Robert) |
| Jun 7, 2021 | 47 | Notice (Other) (Exhibit A) (30) Docket Text: NOTICE of resolution of inter partes review proceedings by Ficep Corporation (Attachments: # (1) Exhibit A)(Vrana, Robert) |
| Jun 7, 2021 | 48 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew B. Lowrie, Kevin M. Littman, and Sarah E. Rieger - filed by Ficep Corporation. (Vrana, Robert) |
| Jun 4, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for D.I. 44 has been replaced with a corrected version. The signature date has been modified. The NEF for the filing has been regenerated. (nms) |
| Jun 4, 2021 | 43 | Proposed Order (30) Docket Text: PROPOSED Stipulated Protective Order, by Peddinghaus Corporation. (Farnan, Kelly) Modified on 6/4/2021 (nms). |
| Jun 4, 2021 | 44 | Order (30) Docket Text: SO ORDERED Granting [43] Stipulated Protective Order. Signed by Judge Richard G. Andrews on 6/4/2021. (nms) (Main Document 44 replaced on 6/4/2021) (nms). |
| Jun 4, 2021 | 45 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of (1) Defendants Rule 26(a)(1) Initial Disclosures and (2) Defendants Disclosures Pursuant to Section 3.h.i.a of the Scheduling Order (D.I. 40) filed by Peddinghaus Corporation.(Farnan, Kelly) |
| May 3, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: If, during the pendency of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Hall, they should contact chambers by e-mail at Cailah_Garfinkel@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Hall regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. In addition, Judge Hall may in the future enter a sua sponte order setting an ADR teleconference. ORDERED by Judge Jennifer L. Hall on 5/3/2021. (ceg) |
| Apr 30, 2021 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Jennifer L. Hall 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) |
| Apr 29, 2021 | 37 | Proposed Order (15) Docket Text: PROPOSED Scheduling Order, by Ficep Corporation. (Vrana, Robert) Modified on 4/29/2021 (nms). |
| Apr 29, 2021 | 38 | Motion for Disclosure (Main Document) (4) Docket Text: UNOPPOSED Motion for Order Regarding Disclosure of License Agreement Between Ficep and Voortman USA LLC - filed by Ficep Corporation. (Attachments: # (1) Proposed Order)(Vrana, Robert) Modified on 4/29/2021 (nms). |
| Apr 29, 2021 | 38 | Motion for Disclosure (Text of Proposed Order) (3) Docket Text: UNOPPOSED Motion for Order Regarding Disclosure of License Agreement Between Ficep and Voortman USA LLC - filed by Ficep Corporation. (Attachments: # (1) Proposed Order)(Vrana, Robert) Modified on 4/29/2021 (nms). |
| Apr 29, 2021 | 39 | Order (1) Docket Text: ORDER: Granting Unopposed Motion for Order Regarding Disclosure of License Agreement Between Ficep and Voortman USA LLC (D.I. [38]). Signed by Judge Richard G. Andrews on 4/29/2021. (nms) |
| Apr 29, 2021 | 40 | Scheduling Order (15) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 9/3/2021. Amended Pleadings due by 9/3/2021. Fact Discovery completed by 7/29/2022. Dispositive Motions due by 3/17/2023. Joint Claim Construction Brief due by 1/19/2022. A Markman Hearing is set for 2/24/2022, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 8/25/2023, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 9/11/2023, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 4/29/2021. (nms) |
| Apr 29, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Rule 16(b) Conference scheduled for 5/3/2021, is CANCELED. Ordered by Judge Richard G. Andrews on 4/29/2021. (nms) |
| Apr 14, 2021 | 36 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 5/3/2021, at 2:00 PM before Judge Richard G. Andrews (see order for further details). Signed by Judge Richard G. Andrews on 4/14/2021. (nms) |
| Apr 13, 2021 | 35 | Answer to Amended Complaint (30) Docket Text: ANSWER to [13] Amended Complaint with Jury Demand, by Peddinghaus Corporation.(Farnan, Kelly) Modified on 4/13/2021 (nms). |
| Mar 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [34] STIPULATION to Extend Time (*Reset Answer Deadlines: Peddinghaus Corporation answer due 4/13/2021). Signed by Judge Richard G. Andrews on 3/19/2021. (nms) |
| Mar 19, 2021 | 34 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to answer First Amended Complaint to April 13, 2021 - filed by Peddinghaus Corporation. (Farnan, Kelly) |
| Mar 16, 2021 | 33 | Memorandum and Order (2) Docket Text: MEMORANDUM ORDER: Defendant's Objections (D.I. [31]) to "inventive concept" are DISMISSED as moot. Plaintiff's Response (D.I. [32]) as to the "directed to an abstract idea" is DENIED as untimely. The Report and Recommendation's Recommendation as to disposition is ADOPTED. Defendant's Motion to Dismiss for Failure to State a Claim (D.I. [15]) is DENIED. Signed by Judge Richard G. Andrews on 3/16/2021. (nms) |
| Feb 24, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 32 has been recoded to reflect the filing is a Response and not a Memorandum in Opposition to a motion. The incorrect filing code was used in the first instance. The briefing schedule set by the filing has been removed. (nms) |
| Feb 23, 2021 | 32 | Memorandum in Opposition (17) Docket Text: RESPONSE to [31] Objection, filed by Ficep Corporation. (Vrana, Robert) Modified on 2/24/2021 (nms). |
| Feb 9, 2021 | 31 | Objections (Main Document) (17) Docket Text: OBJECTIONS to [30] Report and Recommendations, by Peddinghaus Corporation . (Attachments: # (1) Exhibits A-B)(Farnan, Kelly) Modified on 2/9/2021 (nms). |
| Feb 9, 2021 | 31 | Objections (Exhibit A-B) (30) Docket Text: OBJECTIONS to [30] Report and Recommendations, by Peddinghaus Corporation . (Attachments: # (1) Exhibits A-B)(Farnan, Kelly) Modified on 2/9/2021 (nms). |
| Jan 26, 2021 | 30 | Report and Recommendations (20) Docket Text: REPORT AND RECOMMENDATIONS recommending denying D.I. [15] MOTION to Dismiss for Failure to State a Claim filed by Peddinghaus Corporation. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 2/9/2021. Signed by Judge Christopher J. Burke on 1/26/2021. (mlc) |
| Dec 21, 2020 | 29 | Notice Requesting Removal of Co-Counsel (1) Docket Text: NOTICE requesting Clerk to remove Bryan C. Mulder as co-counsel.. (Farnan, Kelly) |
| Dec 10, 2020 | 28 | Transcript (86) Docket Text: Official Transcript of Oral Argument Videoconference held on 12/3/20 before Judge Christopher J. Burke. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/10/2021. (Triozzi, Heather) |
| Dec 3, 2020 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 12/3/2020 regarding D.I. [15] MOTION to Dismiss for Failure to State a Claim filed by Peddinghaus Corporation. The Court heard argument from the parties. The Court took the motion under advisement and will issue an opinion. (Court Reporter Heather Triozzi. Clerk: M. Crawford) Appearances: A. Poff, M. Lowrie, K. Litman for Plaintiff; K. Farnan, S. Koh, J. Greenhut, L. Peterson for Defendant. (mlc) |
| Nov 25, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER: The Court, having received a request from counsel to re-schedule the upcoming oral argument, (D.I. 24), hereby ORDERS that oral argument on the pending motion to dismiss will now be held on December 3, 2020 at 11:00 a.m. via the Skype for Business platform. Ordered by Judge Christopher J. Burke on 11/25/2020. (dlb) |
| Oct 8, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' October 7, 2020 letter regarding the December 2, 2020 hearing on Defendant's pending motion to dismiss, (D.I. [25]), HEREBY ORDERS that the parties' proposal regarding time allocation is adopted. One hour will be allocated for argument, to be split equally between the parties. Ordered by Judge Christopher J. Burke on 10/8/2020. (mlc) |
| Oct 7, 2020 | 25 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke, from Kelly E. Farnan, regarding Oral Argument. (Farnan, Kelly) Modified on 10/7/2020 (nms). |
| Oct 1, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Hearing on Motion: The Court, having considered the parties' requests for oral argument on the pending motion to dismiss, (D.I. 15), HEREBY ORDERS as follows: (1) Oral argument on the pending motion to dismiss will be held on Wednesday, December 2, 2020 at 11:00 AM before Judge Christopher J. Burke via the Skype for Business videoconference platform.; (2) By no later than October 8, 2020, the parties shall submit to the Court a joint letter proposing how much time should be allocated for argument.; (3) By no later than November 18, 2020, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (4) By no later than November 18, 2020, the parties shall submit to the Court two courtesy copies of each of the relevant briefs (plus all supporting exhibits).; and (5) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Benyo (copying the other side). Ordered by Judge Christopher J. Burke on 10/1/2020. (dlb) |
| Aug 20, 2020 | 23 | Request for Oral Argument (4) Docket Text: REQUEST for Oral Argument by Ficep Corporation re [15] MOTION to Dismiss for Failure to State a Claim . (Vrana, Robert) |
| Aug 17, 2020 | N/A | Order Referring Motion (0) Docket Text: ORAL ORDER: The to Dismiss (D.I. [15]) is REFERRED to Magistrate Judge Christopher J. Burke. Ordered by Judge Richard G. Andrews on 8/17/2020. Motions referred to Christopher J. Burke.(nms) |
| Aug 14, 2020 | 21 | Request for Oral Argument (1) Docket Text: REQUEST for Oral Argument by Peddinghaus Corporation re [15] MOTION to Dismiss for Failure to State a Claim . (Farnan, Kelly) |
| Aug 13, 2020 | 20 | Reply Brief (15) Docket Text: REPLY BRIEF re [15] MOTION to Dismiss for Failure to State a Claim filed by Peddinghaus Corporation. (Farnan, Kelly) |
| Jul 30, 2020 | 19 | Answering Brief in Opposition (Main Document) (22) Docket Text: ANSWERING BRIEF in Opposition re [15] MOTION to Dismiss for Failure to State a Claim, filed by Ficep Corporation.Reply Brief due date per Local Rules is 8/6/2020. (Attachments: # (1) Exhibits A-B)(Poff, Adam) Modified on 7/31/2020 (nms). |
| Jul 30, 2020 | 19 | Answering Brief in Opposition (Exhibit A and B) (10) Docket Text: ANSWERING BRIEF in Opposition re [15] MOTION to Dismiss for Failure to State a Claim, filed by Ficep Corporation.Reply Brief due date per Local Rules is 8/6/2020. (Attachments: # (1) Exhibits A-B)(Poff, Adam) Modified on 7/31/2020 (nms). |
| Jul 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [17] STIPULATION and Proposed Order for Extension (*Reset Briefing Schedule: re [15] MOTION to Dismiss. Answering Brief due 7/30/2020, Reply Brief due 8/13/2020). Signed by Judge Richard G. Andrews on 7/13/2020. (nms) |
| Jul 10, 2020 | 17 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION and Proposed Order for Extension - filed by Ficep Corporation. (Vrana, Robert) Modified on 7/13/2020 (nms). |
| Jul 9, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Exhibit A has been added to D.I. [13] per counsel's request. The exhibits was inadvertently omitted at the initial filing. The NEF for the filing has been regenerated. (nms) |
| Jul 9, 2020 | 15 | Motion to Dismiss for Failure to State a Claim (Main Document) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Peddinghaus Corporation. (Attachments: # (1) Text of Proposed Order)(Farnan, Kelly) |
| Jul 9, 2020 | 15 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Peddinghaus Corporation. (Attachments: # (1) Text of Proposed Order)(Farnan, Kelly) |
| Jul 9, 2020 | 16 | Opening Brief in Support (25) Docket Text: OPENING BRIEF in Support re [15] MOTION to Dismiss for Failure to State a Claim filed by Peddinghaus Corporation.Answering Brief/Response due date per Local Rules is 7/23/2020. (Farnan, Kelly) |
| Jun 19, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [14] STIPULATION TO EXTEND TIME to move, answer or otherwise respond to the First Amended Complaint to July 9, 2020 (*Reset Answer Deadlines: Peddinghaus Corporation answer due 7/9/2020). Signed by Judge Richard G. Andrews on 6/19/2020. (nms) |
| Jun 19, 2020 | 14 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to move, answer or otherwise respond to the First Amended Complaint to July 9, 2020 - filed by Peddinghaus Corporation. (Farnan, Kelly) |
| Jun 18, 2020 | 13 | Amended Complaint (Main Document) (30) Docket Text: First AMENDED COMPLAINT and Jury Demand against Peddinghaus Corporation- filed by Ficep Corporation.(Vrana, Robert) Modified on 6/19/2020 (nms). (Additional attachment(s) added on 7/9/2020: # (1) Exhibit A) (nms). |
| Jun 18, 2020 | 13 | Amended Complaint (Exhibit A) (9) Docket Text: First AMENDED COMPLAINT and Jury Demand against Peddinghaus Corporation- filed by Ficep Corporation.(Vrana, Robert) Modified on 6/19/2020 (nms). (Additional attachment(s) added on 7/9/2020: # (1) Exhibit A) (nms). |
| Jun 18, 2020 | 13 | Amended Complaint* (1) |
| Jun 10, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Stephanie P. Koh, Bryan C. Mulder, Jason P. Greenhut, Leif E. Peterson, II for Peddinghaus Corporation 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) |
| Jun 8, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] Stipulation and Proposed Order for Extension (*Reset Briefing Schedule: re [8] MOTION to Dismiss. Answering Brief due 6/18/2020, Reply Brief due 7/2/2020). Signed by Judge Richard G. Andrews on 6/8/2020. (nms) |
| Jun 5, 2020 | 12 | Stipulation (1) Docket Text: STIPULATION Extending Briefing Deadlines regarding Defendant's Motion to Dismiss by Ficep Corporation. (Poff, Adam) |
| May 28, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [11] MOTION for Pro Hac Vice Appearance of Attorney Stephanie P. Koh, Bryan C. Mulder, Jason P. Greenhut, and Leif E. Peterson, II, filed by Peddinghaus Corporation. Signed by Judge Richard G. Andrews on 5/28/2020. (nms) |
| May 28, 2020 | 8 | Motion to Dismiss for Failure to State a Claim (Main Document) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Peddinghaus Corporation. (Attachments: # (1) Proposed Order)(Farnan, Kelly) Modified on 5/28/2020 (nms). |
| May 28, 2020 | 8 | Motion to Dismiss for Failure to State a Claim (Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Peddinghaus Corporation. (Attachments: # (1) Proposed Order)(Farnan, Kelly) Modified on 5/28/2020 (nms). |
| May 28, 2020 | 9 | Opening Brief in Support (22) Docket Text: OPENING BRIEF in Support re [8] MOTION to Dismiss for Failure to State a Claim filed by Peddinghaus Corporation.Answering Brief/Response due date per Local Rules is 6/11/2020. (Farnan, Kelly) |
| May 28, 2020 | 10 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Peddinghaus Corporation. (Farnan, Kelly) |
| May 28, 2020 | 11 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Stephanie P. Koh, Bryan C. Mulder, Jason P. Greenhut, and Leif E. Peterson, II - filed by Peddinghaus Corporation. (Farnan, Kelly) |
| Mar 24, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [7] STIPULATION to Extend Time (*Reset Answer Deadlines: Peddinghaus Corporation answer due 5/28/2020). Signed by Judge Richard G. Andrews on 3/24/2020. (nms) |
| Mar 24, 2020 | 7 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION to Extend Time - filed by Peddinghaus Corporation. (Farnan, Kelly) Modified on 3/24/2020 (nms). |
| Jan 23, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [6] STIPULATION TO EXTEND TIME to respond to the Complaint to April 13, 2020 (*Reset Answer Deadlines: Peddinghaus Corporation answer due 4/13/2020). Signed by Judge Richard G. Andrews on 1/22/2020. (nms) |
| Jan 22, 2020 | 6 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to respond to the Complaint to April 13, 2020 - filed by Ficep Corporation. (Poff, Adam) |
| Jan 21, 2020 | 5 | Summons Returned Executed (4) Docket Text: SUMMONS Returned Executed by Ficep Corporation. Peddinghaus Corporation served on 1/20/2020, answer due 2/10/2020. (Poff, Adam) |
| Oct 23, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Oct 21, 2019 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Peddinghaus Corporation on 10/21/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (kmd) |
| Oct 21, 2019 | 1 | Complaint (Main Document) (25) Docket Text: COMPLAINT filed with Jury Demand against Peddinghaus Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2760180.) - filed by Ficep Corporation. (Attachments: # (1) Civil Cover Sheet)(kmd) |
| Oct 21, 2019 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT filed with Jury Demand against Peddinghaus Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2760180.) - filed by Ficep Corporation. (Attachments: # (1) Civil Cover Sheet)(kmd) |
| Oct 21, 2019 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) |
| Oct 21, 2019 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,974,719. (kmd) |
| Oct 21, 2019 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ficep S.p.A., Other Affiliate Ficep de GmbH (Germany), Other Affiliate Ficep France, Other Affiliate Ficep HK (Hong Kong), Other Affiliate Ficep Iberica S.A. (Spain), Other Affiliate Ficep Middle East SAL (Lebanon), Other Affiliate Ficep UK Ltd. for Ficep Corporation filed by Ficep Corporation. (kmd) |
| Oct 21, 2019 | 1 | Complaint* (1) |
