Case number 8:24-cv-02034
Hyper Ice, Inc. v. Therabody, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 24, 2025 | 51 | APPLICATION of Non-Resident Attorney Mark C. Johnson to Appear Pro Hac Vice on behalf of Defendant Therabody, Inc. (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-40972315) filed by Defendant Therabody, Inc.. (Attachments: # 1 Proposed Order) (Berg, Bradley) (Entered: 11/24/2025) (0) |
| Nov 20, 2025 | 50 | MINUTE ORDER OF DEFENDANT'S MOTION TO CONSOLIDATE CASE [27 & 40 ]; SCHEDULING CONFERENCE by Judge John W. Holcomb. For the reasons stated on the record, the Court hereby ORDERS as follows:Therabody's Hyper Ice 1 Motion [ECF No. 40] in Hyper Ice, Inc. v. Therabody, Inc., Case No. 8:24-cv-02034 is GRANTED. Therabody's Hyper Ice 2 Motion [ECF No. 27] in Hyper Ice, Inc. v. Therabody, Inc., Case No. 8:25-cv-01939 is GRANTED. The Hyper Ice 2 Case is hereby CONSOLIDATED with the lower-numbered Hyper Ice 1 Case. All future filings and proceedings shall be made and conducted in the Hyper Ice 1 Case. The Clerk is DIRECTED to close the Hyper Ice 2 Case administratively. The following claim construction schedule is SET: Claim Construction Hearing (in Person) is set for Wednesday, June 3, 2026 at 10:00 a.m. The Court will issue a separate trial scheduling after the claim construction process is complete. IT IS SO ORDERED. (See document for further details) (yl) Modified on 11/21/2025 (yl). (Entered: 11/21/2025) (2) |
| Nov 17, 2025 | 49 | NOTICE of Appearance filed by attorney Christian Erwin on behalf of Plaintiff Hyper Ice, Inc., Counter Defendant Hyper Ice, Inc. (Attorney Christian Erwin added to party Hyper Ice, Inc.(pty:pla), Attorney Christian Erwin added to party Hyper Ice, Inc.(pty:cd))(Erwin, Christian) (Entered: 11/17/2025) (2) |
| Nov 7, 2025 | 48 | ORDER CONTINUING THE SCHEDULING CONFERENCE ORDER AND HEARING DATE by Judge John W. Holcomb, re Stipulation to Continue 47 : The Court has considered the Joint Stipulation to Continue the Scheduling Conference and Hearing Date ("Joint Stipulation"). Good cause appearing therefor, it is hereby ORDERED as follows: 1. The Joint Stipulation is GRANTED. 2. The Hearing on the Motion to Consolidate for Hyper Ice, Inc. v. Therabody, Inc., Case No. 8:25-cv-01939-JWH-(DFMx) with Hyper Ice, Inc. v. Therabody, Inc. et al., Case No. 8:24-cv-02034-JWH-(DFMx) and the Scheduling Conference for Hyper Ice, Inc. v. Therabody, Inc., Case No. 8:25-cv-01939-JWH (DFMx) are CONTINUED to November 20, 2025, at 2:00 p.m. (bm) (Entered: 11/10/2025) (2) |
| Nov 6, 2025 | 47 | Joint STIPULATION to Continue The Scheduling Conference and Hearing Date from November 17, 2025 to November 20, 2025 Re: Generic Text Only Entry,, 46 filed by Defendant Therabody, Inc.. (Attachments: # 1 Proposed Order)(Williamson, Brett) (Entered: 11/06/2025) (0) |
| Nov 4, 2025 | 46 | SCHEDULING NOTICE AND ORDER: On its own motion, the Court hereby CONTINUES the hearing on Defendant's Motions to Consolidate Case [ECF No. 40] from Friday, November 14, 2025, at 9:00 a.m., to Monday, November 17, 2025, at 10:00 a.m. Counsel for the parties are DIRECTED to appear in person in Courtroom 9D, on the 9th floor of the Ronald Reagan Federal Courthouse at 411 W. Fourth Street Santa Ana, California, at that date and time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 11/04/2025) (0) |
| Oct 31, 2025 | 45 | REPLY In Support of Its NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:25-cv-01939, 40 filed by Defendant Therabody, Inc.. (Williamson, Brett) (Entered: 10/31/2025) (9) |
| Oct 24, 2025 | 44 | OPPOSITION to NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:25-cv-01939, 40 filed by Plaintiff Hyper Ice, Inc., Counter Defendant Hyper Ice, Inc.. (Attachments: # 1 Declaration of Ben Herbert in Support of Opposition to Defendant Therabody, Inc.'s Motion to Consolidate, # 2 Exhibit 1 to Declaration of Ben Herbert in Support of Opposition to Motion to Consolidate, # 3 Exhibit 2 to Declaration of Ben Herbert in Support of Opposition to Motion to Consolidate)(Herbert, Benjamin) (Entered: 10/24/2025) (0) |
| Oct 21, 2025 | 43 | Notice of Appearance or Withdrawal of Counsel: for attorney Thomas McClinton Harris counsel for Counter Claimant Therabody, Inc., Defendant Therabody, Inc.. Adding Thomas McClinton Harris as counsel of record for Therabody, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Therabody, Inc.. (Attorney Thomas McClinton Harris added to party Therabody, Inc.(pty:cc), Attorney Thomas McClinton Harris added to party Therabody, Inc.(pty:dft))(Harris, Thomas) (Entered: 10/21/2025) (2) |
| Oct 14, 2025 | 42 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The Court CONTINUES the hearing on Defendant's Motion to Consolidate Cases [ECF No. 40] from November 7, 2025, at 9:00 a.m. to November 14, 2025, at 9:00 a.m. Counsel for the parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 10/14/2025) (0) |
| Oct 10, 2025 | 41 | DECLARATION of Bradley M. Berg In Support of NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:25-cv-01939, 40 filed by Counter Claimant Therabody, Inc., Defendant Therabody, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Berg, Bradley) (Entered: 10/10/2025) (0) |
| Oct 10, 2025 | 40 | NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:25-cv-01939, filed by Defendant and Counterclaim-Plaintiff Therabody, Inc.. Motion set for hearing on 11/7/2025 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Proposed Order) (Williamson, Brett) (Entered: 10/10/2025) (0) |
| Oct 3, 2025 | 39 | Notice of Appearance or Withdrawal of Counsel: for attorney Brett J. Williamson counsel for Defendant Therabody, Inc.. Cameron W. Westin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Therabody, Inc.. (Williamson, Brett) (Entered: 10/03/2025) (2) |
| Aug 22, 2025 | 38 | Notice Notice of Denial of Post-Grant Review (PGR) Petition filed by Plaintiffs / Counter-Defendants Hyper Ice, Inc.. (Attachments: # 1 Exhibit A to Notice of Denial of Post-Grant Review (PGR) Petition)(Herbert, Benjamin) (Entered: 08/22/2025) (0) |
| Aug 4, 2025 | 37 | TRANSCRIPT ORDER as to defendant Therabody, Inc. for Court Reporter. Court will contact Kristin Godfrey at kgodfrey@omm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Westin, Cameron) (Entered: 08/04/2025) (1) |
| Jul 31, 2025 | 36 | NOTICE OF LODGING filed /Defendant Therabody, Inc.'s Notice Of Lodging of Demonstratives Used During July 30, 2025, Claim Construction Hearing re Markman Hearing, 35 (Attachments: # 1 Claim Construction Demonstratives)(Williamson, Brett) (Entered: 07/31/2025) (0) |
| Jul 30, 2025 | 35 | CLAIM CONSTRUCTION HEARING held before Judge John W. Holcomb. For the reasons stated on the record, it is hereby ORDERED the issue of claim construction is taken UNDER SUBMISSION. The Court will issue a final order. IT IS SO ORDERED. Court Reporter: Miriam Baird. (yl) (Entered: 07/31/2025) (1) |
| Jun 20, 2025 | 34 | SCHEDULING NOTICE by Judge John W. Holcomb: On its own motion, the Court CONTINUES Markman Hearing from July 29, 2025, at 10:00 a.m. to July 30, 2025, at 10:00 a.m. Counsel for the parties are DIRECTED to appear in person at that date and time in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, California. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pd) TEXT ONLY ENTRY (Entered: 06/20/2025) (0) |
| Jun 3, 2025 | 33 | RESPONSE filed by Plaintiff Hyper Ice, Inc., Counter Defendant Hyper Ice, Inc. Plaintiff's Answer to Defendant's Counterclaims to Second Amended Complaint (Herbert, Benjamin) (Entered: 06/03/2025) (7) |
| Jan 24, 2025 | 32 | Notice filed by Defendant Therabody, Inc.. /Notice of Filing of Post Grant Review (Williamson, Brett) (Entered: 01/24/2025) (2) |
| Dec 23, 2024 | 31 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm) (Entered: 12/23/2024) (3) |
| Dec 20, 2024 | 30 | MINUTES OF SCHEDULING CONFERENCE held before Judge John W. Holcomb: Counsel state their appearances. The Court confers with counsel. For the reasons stated in open court, it is hereby ORDERED as follows: 1. The following claim construction schedule is SET with respect to U.S. Patent Nos. 11,857,482; 11,938,082; and 12,036,174: Claim Construction Hearing (in Person): Tuesday, July 29, 2025, at 10:00 a.m. The following cases are CONSOLIDATED into Case No. 8:24-cv-01472-JWH-DFM for pretrial purposes through the date of the Markman hearing: Case Nos. 8:24-cv-02092-JWH-DFM and Case No. 8:24-cv-02034-JWH-DFM. (see document for further details) (Made JS-6. Case Terminated.) Court Reporter: Deborah Parker. (bm) (Entered: 12/23/2024) (2) |
| Dec 19, 2024 | 29 | Text Only ORDER GRANTING Corrected APPLICATION of Non-Resident Attorney Marc J. Pensabene to Appear Pro Hac Vice on behalf of Defendant Therabody, Inc. 23 by Judge John W. Holcomb. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 12/19/2024) (0) |
| Dec 6, 2024 | 28 | JOINT RULE 26(F) REPORT filed by Plaintiff Hyper Ice, Inc., Counter Defendant Hyper Ice, Inc.. (Herbert, Benjamin) (Entered: 12/06/2024) (9) |
| Nov 13, 2024 | 27 | Plaintiffs Answer and Defenses to Defendant's Counterclaims to First Amended Complaint ANSWER to Counterclaim filed by Plaintiff Hyper Ice, Inc..(Herbert, Benjamin) (Entered: 11/13/2024) (5) |
| Oct 28, 2024 | 25 | STANDING ORDER by Judge John W. Holcomb. (cla) (Entered: 10/28/2024) (17) |
| Oct 28, 2024 | 26 | ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 12/20/2024 at 11:00 AM before Judge John W. Holcomb. (cla) (Entered: 10/28/2024) (8) |
| Oct 24, 2024 | 24 | ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 8:24-cv-00097 JWH(DFMx). Case transferred from Judge Mark C. Scarsi and Magistrate Judge Autumn D. Spaeth to Judge John W. Holcomb and Magistrate Judge Douglas F. McCormick for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:24-cv-02034 JWH(DFMx). Signed by Judge John W. Holcomb (rn) (Entered: 10/24/2024) (1) |
| Oct 24, 2024 | 23 | Corrected APPLICATION of Non-Resident Attorney Marc J. Pensabene to Appear Pro Hac Vice on behalf of Defendant Therabody, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 10/23/2024, Receipt No. ACACDC-38455033) filed by Defendant Therabody, Inc.. (Attachments: # 1 Proposed Order) (Pensabene, Marc) (Entered: 10/24/2024) (0) |
| Oct 24, 2024 | 22 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Marc J. Pensabene to Appear Pro Hac Vice on behalf of Defendant Therabody, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38455033) 19 by Judge Mark C. Scarsi. The document is stricken. (smo) (Entered: 10/24/2024) (1) |
| Oct 23, 2024 | N/A | COUNTERCLAIM against counter defendant Hyper Ice, Inc.; jury demand, filed by counterclaimant Therabody, Inc. (FILED AS ONE PDF DOCUMENT WITHIN COMBINED ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM REFER TO DOCKET NO. 18). (lc) (Entered: 10/24/2024) (0) |
| Oct 23, 2024 | 21 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Marc J. Pensabene to Appear Pro Hac Vice on behalf of Defendant Therabody, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38455033) 19 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Local Rule 83-2.1.3.3(b) Proposed order not attached. (ak) (Entered: 10/23/2024) (1) |
| Oct 23, 2024 | 20 | CORPORATE DISCLOSURE STATEMENT filed by Defendant Therabody, Inc. (Williamson, Brett) (Entered: 10/23/2024) (2) |
| Oct 23, 2024 | 19 | APPLICATION of Non-Resident Attorney Marc J. Pensabene to Appear Pro Hac Vice on behalf of Defendant Therabody, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38455033) filed by Defendant Therabody, Inc.. (Attorney Marc J. Pensabene added to party Therabody, Inc.(pty:dft)) (Pensabene, Marc) (Entered: 10/23/2024) (3) |
| Oct 23, 2024 | 18 | ANSWER to Amended Complaint/Petition, 12 JURY DEMAND. / Answer, Affirmative Defenses, and Counterclaims to First Amended Complaint filed by Defendant Therabody, Inc..(Attorney Brett J. Williamson added to party Therabody, Inc.(pty:dft))(Williamson, Brett) (Entered: 10/23/2024) (12) |
| Oct 23, 2024 | 17 | Notice of Appearance or Withdrawal of Counsel: for attorney Bradley Michael Berg counsel for Defendant Therabody, Inc.. Adding Bradley M. Berg as counsel of record for Therabody, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Therabody, Inc.. (Attorney Bradley Michael Berg added to party Therabody, Inc.(pty:dft))(Berg, Bradley) (Entered: 10/23/2024) (2) |
| Oct 10, 2024 | 16 | Notice of Appearance or Withdrawal of Counsel: for attorney Cameron W. Westin counsel for Defendant Therabody, Inc.. Adding Cameron W. Westin as counsel of record for Therabody, Inc. for the reason indicated in the G-123 Notice. Filed by defendant Therabody, Inc.. (Attorney Cameron W. Westin added to party Therabody, Inc.(pty:dft))(Westin, Cameron) (Entered: 10/10/2024) (2) |
| Oct 10, 2024 | 15 | NOTICE of Related Case(s) filed by defendant Therabody, Inc.. Related Case(s): Hyper Ice, Inc. et al. v. Therabody, Inc., Case No. 8:24-cv-00390-JWHDFM; MerchSource, LLC v. Hyper Ice, Inc. et al., Case No. 8-24-cv-01512- JWH-DFM; Sichuan Qianli-Beoka Medical Technology Inc. v. Hyper Ice, Inc.et al., Case No. 8-24-cv-01394-JWH-DFM; Hyper Ice, Inc. et al v. Bob and Brad, LLC, Case No. 2-24-cv-03212- JWH-DFM; Hyper Ice, Inc. et al v. Merchsource, LLC, Case No. 8-24-cv-00410- JWH-DFM; Hyper Ice, Inc. et al v. Macy's, Inc., Case No. 8-24-cv-00391-JWHDFM; Hyper Ice, Inc. v. Dacorm, Case No. 8-24-cv-00097-JWH-DFM; and Hyper Ice, Inc. v. Joicom Corp., Case No. 8-24-cv-00098-JWH-DFM (Williamson, Brett) (Entered: 10/10/2024) (3) |
| Oct 3, 2024 | 14 | PROOF OF SERVICE Executed by Plaintiff Hyper Ice, Inc., upon Defendant Service of the Summons and Complaint were executed upon Maddie Bright - Authorized to Accept Service for CSC Lawyers Incorporating Service in compliance with Federal Rules of Civil Procedure by personal service (Herbert, Benjamin) (Entered: 10/03/2024) (1) |
| Oct 3, 2024 | 13 | PROOF OF SERVICE Executed by Plaintiff Hyper Ice, Inc., upon Defendant Therabody, Inc. served on 10/2/2024, answer due 10/23/2024. Service of the Summons and Complaint were executed upon Maddie Bright - Authorized to Accept Service for CSC Lawyers Incorporating Service in compliance with Federal Rules of Civil Procedure by personal service (Herbert, Benjamin) (Entered: 10/03/2024) (1) |
| Oct 2, 2024 | 12 | Amended Complaint* (1) |
| Sep 23, 2024 | 11 | INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 09/23/2024) (20) |
| Sep 23, 2024 | 10 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Therabody, Inc. (ghap) (Entered: 09/23/2024) (2) |
| Sep 23, 2024 | 9 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 09/23/2024) (1) |
| Sep 23, 2024 | 8 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 09/23/2024) (2) |
| Sep 23, 2024 | 7 | NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Autumn D. Spaeth. (ghap) (Entered: 09/23/2024) (1) |
| Sep 19, 2024 | 6 | NOTICE of Related Case(s) filed by Plaintiff HYPER ICE, INC.. Related Case(s): 8:24-cv-02035 (Herbert, Benjamin) (Entered: 09/19/2024) (2) |
| Sep 19, 2024 | 5 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by HYPER ICE, INC.. (Herbert, Benjamin) (Entered: 09/19/2024) (1) |
| Sep 19, 2024 | 4 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff HYPER ICE, INC.. (Herbert, Benjamin) (Entered: 09/19/2024) (2) |
| Sep 19, 2024 | 3 | CORPORATE DISCLOSURE STATEMENT filed by Plaintiff HYPER ICE, INC. identifying Hyper Ice, Inc. as Corporate Parent. (Herbert, Benjamin) (Entered: 09/19/2024) (2) |
| Sep 19, 2024 | 2 | CIVIL COVER SHEET filed by Plaintiff HYPER ICE, INC.. (Herbert, Benjamin) (Entered: 09/19/2024) (3) |
| Sep 19, 2024 | 1 | COMPLAINT Receipt No: ACACDC-38247424 - Fee: $405, filed by Plaintiff HYPER ICE, INC.. (Attachments: # 1 Exhibit 1 - 174 Patent, # 2 Exhibit 2 - Theraface PRO 174 Claim Chart, # 3 Exhibit 3 - Theraface PRO v Cold Ring 174 Claim Chart, # 4 Exhibit 4 - Theragun PRO Plus 174 Claim Chart) (Attorney Benjamin A Herbert added to party HYPER ICE, INC.(pty:pla))(Herbert, Benjamin) (Entered: 09/19/2024) (0) |
