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Case number 1:20-cv-00901

Kirsch Research and Development, LLC v. Owens Corning et al > Documents

Date Field Doc. No.Description (Pages)
Apr 24, 2020 N/A Utility Event (0)
Docket Text: Judge Dan Aaron Polster assigned to case, (B,R)
Apr 24, 2020 N/A Random Assignment of Magistrate Judge (0)
Docket Text: Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,R)
Apr 24, 2020 N/A Link to Local Patent Rules (0)
Docket Text: This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to Local Patent Rules. (B,R) 1 Filed: 04/24/2020 Entered: 04/27/2020 Complaint Docket Text: Complaint for Patent Infringement with jury demand against InterWrap Corp., Owens Corning, Owens Corning Roofing and Asphalt, LLC. Filing fee not paid. Plaintiff has indicated that case may be related to pending civil action 5:20cv903. Filed by Kirsch Research and Development, LLC. (no original signature)(Attachments: # (1) Civil Cover Sheet, # (2) Notice of Related Filings, # (3) Exhibit 1- Patent No US6,308,482,B1, # (4) Exhibit 2- Patent No. US8,765,251,B2, # (5) Exhibit 3- Accused Product, # (6) Exhibit 4- Owens Corning Roofing and Asphalt, # (7) Exhibit 5- Google Maps, # (8) Summons InterWrap, # (9) Summons Owens Corning Roofing, # (10) Summons Owens Corning) (B,R) 2 Filed: 04/24/2020 Entered: 04/27/2020 Report Regarding Patent or Trademark Action - AO120 Docket Text: Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Kirsch Research and Development, LLC. (B,R) 3 Filed: 04/24/2020 Entered: 04/27/2020 Corporate Disclosure Statement Docket Text: Corporate Disclosure Statement filed by Kirsch Research and Development, LLC. (B,R) Filed & Entered: 05/01/2020 Financial Transaction Docket Text: Filing Fee in the amount of $400.00 received from The Webb Law Firm on behalf of Kirsch Research. Receipt # 14660122967 Related document(s)[1]. (B,R) 4 Filed & Entered: 05/01/2020 Summons Issued Docket Text: Original Summons and Magistrate Consent Form issued to counsel for service upon InterWrap Corp., Owens Corning, Owens Corning Roofing and Asphalt, LLC. (Attachments: # (1) Summons Owens Corning, # (2) Summons Owens Corning Roofing, # (3) Magistrate Consent Form) (B,R) 5 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney Marc A. Fenster to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957544, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of Marc A. Fenster, # (2) Proposed Order)(Dickson, Cecilia) 6 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney Benjamin T. Wang to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957603, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of Benjamin T. Wang, # (2) Proposed Order)(Dickson, Cecilia) 7 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney Amy E. Hayden to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957627, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of Amy E. Hayden, # (2) Proposed Order)(Dickson, Cecilia) 8 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney Theresa M. Troupson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957639, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of Theresa M. Troupson, # (2) Proposed Order)(Dickson, Cecilia) 9 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney Jonathan Ma to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957654, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of Jonathan Ma, # (2) Proposed Order)(Dickson, Cecilia) 10 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney Matthew D. Aichele to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957673, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of Matthew D. Aichele, # (2) Proposed Order)(Dickson, Cecilia) 11 Filed & Entered: 05/04/2020Terminated: 05/05/2020 Motion to appear pro hac vice Docket Text: Motion for attorney K. Andrew Kent to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9957692, filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A - Affidavit of K. Andrew Kent, # (2) Proposed Order)(Dickson, Cecilia) Filed & Entered: 05/05/2020 Order on Motion to Appear Pro Hac Docket Text: Order [non-document] granting Motion for appearance pro hac vice by attorney Marc A. Fenster, Benjamin T. Wang, Amy E. Hayden, Theresa M. Troupson, Jonathan Ma, Matthew D. Aichele, K. Andrew Kent for Kirsch Research and Development, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ## [5],[6],[7],[8],[9],[10],[11] Approved by Judge Dan Aaron Polster on 5/5/2020.(K,K) 12 Filed & Entered: 05/13/2020 Return of Service Executed Docket Text: Return of Service by Clerk by personal service executed upon Owens Corning on 5/4/2020, filed on behalf of Kirsch Research and Development, LLC Related document(s)[1]. (Wang, Benjamin) 13 Filed & Entered: 05/13/2020 Return of Service Executed Docket Text: Return of Service by Clerk by personal service executed upon Owens Corning Roofing and Asphalt, LLC on 5/4/2020, filed on behalf of Kirsch Research and Development, LLC Related document(s)[1]. (Wang, Benjamin) 14 Filed & Entered: 05/13/2020 Return of Service Executed Docket Text: Return of Service by Clerk by personal service executed upon InterWrap Corp. on 5/4/2020, filed on behalf of Kirsch Research and Development, LLC Related document(s)[1]. (Wang, Benjamin) Filed & Entered: 05/14/2020 Order on Motion for extension of time to answer Docket Text: Order [non-document] granting [15] Parties' Joint Motion for Extension of Time until 6/25/20 for Defendants to answer complaint. Judge Dan Aaron Polster on 5/14/20.(P,R) 15 Filed & Entered: 05/14/2020Terminated: 05/14/2020 Motion for extension of time to answer Docket Text: Joint Motion for extension of time until 06/25/2020 to answer Complaint filed by Plaintiff Kirsch Research and Development, LLC. Related document(s)[1]. (Attachments: # (1) Proposed Order)(Dickson, Cecilia) 16 Filed & Entered: 06/18/2020Terminated: 06/19/2020 Motion for extension of time to answer Docket Text: Joint Motion for extension of time until July 17, 2020 to answer Complaint filed by Plaintiff Kirsch Research and Development, LLC. Related document(s)[1]. (Attachments: # (1) Proposed Order)(Dickson, Cecilia) 17 Filed & Entered: 06/19/2020 Order on Motion for extension of time to answer Docket Text: Order granting [16] Joint Motion for extension of time until July 17, 2020 to answer Complaint. All Defendants' answers are due 7/17/2020. Signed by Judge Dan Aaron Polster on 6/19/2020.(K,K) 18 Filed & Entered: 06/23/2020 Corporate Disclosure Statement Docket Text: Corporate Disclosure Statement filed by All Defendants. (Maiorana, David) 19 Filed & Entered: 06/23/2020Terminated: 08/10/2020 Motion to stay Docket Text: Motion to stay with memorandum in support filed by InterWrap Corp., Owens Corning, Owens Corning Roofing and Asphalt, LLC. (Attachments: # (1) Proposed Order) (Maiorana, David) Filed & Entered: 07/06/2020 Order on Motion for extension of time Docket Text: Order [non-document] granting [20] Joint Motion for extension of time. Plaintiff's response to [19] Motion to stay due 7/29/2020. Defendants' reply due 8/12/2020. Defendants' answer due 9/17/2020. Approved by Judge Dan Aaron Polster on 7/6/2020.(K,K) 20 Filed & Entered: 07/06/2020Terminated: 07/06/2020 Motion for extension of time (other) Docket Text: Joint Motion for extension of time to file response to Motion to Stay, and to answer to complaint filed by Plaintiff Kirsch Research and Development, LLC. (Related document(s) [19], [1]). (Attachments: # (1) Proposed Order) (Wang, Benjamin) 21 Filed & Entered: 07/21/2020 Stipulation Docket Text: Proposed Stipulation Concerning Dismissal of Owens Corning Under Rule 41(a)(2) filed by Kirsch Research and Development, LLC. (Hayden, Amy) 22 Filed & Entered: 07/22/2020 Order and Notice of Party Dismissal Docket Text: Order and Notice of Party Dismissal. Plaintiff's claims against Owens Corning are dismissed without prejudice (Related document [21]). Signed by Judge Dan Aaron Polster on 7/22/2020. (K,K) 23 Filed & Entered: 07/29/2020 Attorney Appearance Docket Text: Attorney Appearance by Anthony W. Brooks filed by on behalf of Kirsch Research and Development, LLC. (Brooks, Anthony) 24 Filed & Entered: 07/29/2020 Opposition Docket Text: Opposition to [19] Motion to stay filed by Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit 1 - Respondents' Identification of Proposed Claim Terms for Construction)(Wang, Benjamin) 25 Filed & Entered: 08/10/2020 Order on Motion to stay Docket Text: Order granting Defendant's Motion to stay (Related Doc # [19]). Judge Dan Aaron Polster on 8/10/20.(P,R) 26 Filed & Entered: 03/05/2021Terminated: 04/01/2021 Motion to stay Docket Text: Motion to stay Pending Resolution of IPRs with memorandum in support filed by InterWrap Corp., Owens Corning, Owens Corning Roofing and Asphalt, LLC. (Attachments: # (1) Exhibit A - ITC Markman Order, # (2) Exhibit B - Federal Register, # (3) Exhibit C - IPR2020-01389 Institution Decision, # (4) Proposed Order)(Maiorana, David) 27 Filed & Entered: 03/17/2021Terminated: 04/01/2021 Motion to lift stay Docket Text: Motion to lift stay with memorandum in support filed by Plaintiff Kirsch Research and Development, LLC. (Attachments: # (1) Proposed Order)(Wang, Benjamin) 28 Filed & Entered: 03/19/2021 Opposition Docket Text: Opposition to [26] Motion to stay Pending Resolution of IPRs filed by Kirsch Research and Development, LLC. (Attachments: # (1) Exhibit A-Order for Motion Mandatory and Discretionary Stays, # (2) Exhibit B-Order for Corrected Motion for Reconsideration, # (3) Exhibit C-Petition for Inter Partes Review, # (4) Proposed Order)(Wang, Benjamin) 29 Filed & Entered: 03/26/2021 Reply Docket Text: Reply in support of [26] Motion to stay Pending Resolution of IPRs filed by All Defendants. (Attachments: # (1) Exhibit A - RhinoRoof 2012, # (2) Exhibit B - ProArmor 2015)(Maiorana, David) 30 Filed & Entered: 03/26/2021 Opposition Docket Text: Opposition to [27] Motion to lift stay filed by All Defendants. (Maiorana, David) Filed & Entered: 03/29/2021 Notice of Hearing or Conference Docket Text: Notice [non-document] of Telephone Conference, with counsel and clients, set for 3/31/2021 at 03:30 PM before Judge Dan Aaron Polster. (K,K) Filed: 03/31/2021 Entered: 04/01/2021 Telephone Conference Docket Text: Minutes of proceedings [non-document] On March 31, 2021, the Court held a telephone conference attended by plaintiff's representative, Mark Strait, and his counsel, Benjamin Wang; and defendants' representative, Amy Ahn-Roll, and her counsel, David Maiorana. The Court discussed the pending motions related to the stay and encouraged settlement negotiations. Due to the Court's schedule, the Court also suggested that the parties consent to the Magistrate Judge, but defendants denied consent. The attorneys reported that they are considering private mediation. (Court Reporter: n/a.) Time: 15 minutes. (K,K) 31 Filed & Entered: 04/01/2021 Order on Motion to stay Docket Text: Order For the reasons sated in the Order, and for the reasons previously stated in the Court's order staying the case (ECF Doc. [25]), the Court grants defendants' motion to continue stay (ECF Doc. [26]) and denies plaintiff's motion to lift stay. ECF Doc. [27]. Signed by Judge Dan Aaron Polster on 4/1/2021.(K,K) 32 Filed & Entered: 11/10/2021 Stipulation Docket Text: Joint Proposed Stipulation OF DISMISSAL PURSUANT TO RULE 41(a)(1)(A)(ii) filed by Kirsch Research and Development, LLC. (Attachments: # (1) Proposed Order)(Wang, Benjamin) 33 Filed & Entered: 11/12/2021 Order Dismissing Case Docket Text: Order approving Joint Stipulation of Dismissal. All claims in this action filed by Kirsch shall be dismissed with prejudice and all counterclaims in this action filed by Owens Corning shall be dismissed without prejudice, pursuant to the parties' settlement agreement, whose terms shall remain confidential; this Court shall retain continuing jurisdiction over the parties and the subject matter to enforce the parties' settlement agreement; and each of the Parties shall bear its own costs, expenses and attorneys' fees in this action. (Related document [32]). Signed by Judge Dan Aaron Polster on 11/12/2021.(K,K) 34 Filed & Entered: 11/23/2021 Report Regarding Patent or Trademark Action - AO120 Docket Text: Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: # (1) Order)(W,Na)
Apr 24, 2020 1 Complaint* (1)
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