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Case number 3:22-cv-01736

Lexos Media IP, LLC v. MSC Industrial Direct Co., Inc. > Documents

Date Field Doc. No.Description (Pages)
Sep 6, 2023 67 ORDER: The Court hereby APPROVES the Special Master's Summary Statement of Hours, Costs, and Fees for August 2023 [Doc. 62]. (Ordered by Judge Brantley Starr on 9/6/2023) (chmb) (Entered: 09/06/2023) (1)
Sep 6, 2023 66 Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ndt) (Entered: 09/06/2023) (1)
Sep 6, 2023 65 ORDER: The Court GRANTS MSC's motion to stay to the extent indicated in this Order [Doc. 53 ]. The Court hereby STAYS and ADMINISTRATIVELY CLOSES this case pending final disposition of the pending petitions for inter partes review and any resulting inter partes review proceeding(s) based on those petitions. The Court also DENIES Defendant MSC Industrial Direct Co., Inc.'s motion to dismiss [Doc. 17 ] without prejudice to refiling when the Court reopens this case. (Ordered by Judge Brantley Starr on 9/6/2023) (ndt) (Entered: 09/06/2023) (12)
Sep 6, 2023 64 NOTICE of Authority filed by Lexos Media IP LLC (Attachments: # 1 Exhibit(s) E.D. Tex. Markman Memorandum and Order regarding Patents-in-Suit and Same or Similar Claim Constructions at Issue) (Kula, Kenneth) (Entered: 09/06/2023) (0)
Sep 6, 2023 63 ORDER: The Court hereby APPROVES the Special Master's Summary Statement of Hours, Costs, and Fees for July 2023 [Doc. 58]. (Ordered by Judge Brantley Starr on 9/6/2023) (chmb) (Entered: 09/06/2023) (1)
Sep 5, 2023 62 (Document Restricted) SPECIAL MASTERS SUMMARY STATEMENT OF HOURS, COSTS, AND FEES FILED UNDER SEAL PURSUANT TO DOCKET NO. 57 (Sealed pursuant to order dated 8/1/2023) filed by Special Master (Taylor, David) (Entered: 09/05/2023) (0)
Sep 1, 2023 61 NOTICE of Additional Authority re: 53 MOTION to Stay Pending Inter Partes Reviews filed by Lexos Media IP LLC (Attachments: # 1 Exhibit(s) Additional Authority, Order from D. Kan. DENYING Def.'s Motion to Stay) (Kula, Kenneth) (Entered: 09/01/2023) (0)
Aug 4, 2023 60 REPLY filed by MSC Industrial Direct Co Inc re: 53 MOTION to Stay Pending Inter Partes Reviews (Attachments: # 1 Exhibit(s) 10, # 2 Exhibit(s) 11, # 3 Exhibit(s) 12, # 4 Exhibit(s) 13, # 5 Exhibit(s) 14, # 6 Exhibit(s) 15, # 7 Exhibit(s) 16) (Ellis, Michael) (Entered: 08/04/2023) (0)
Aug 1, 2023 59 RESPONSE filed by Lexos Media IP LLC re: 53 MOTION to Stay Pending Inter Partes Reviews (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Buether, Eric) (Entered: 08/01/2023) (0)
Aug 1, 2023 58 (Document Restricted) SPECIAL MASTERS SUMMARY STATEMENT OF HOURS, COSTS, AND FEES FILED UNDER SEAL PURSUANT TO DOCKET NO. 57 (Sealed pursuant to order dated 8/1/2023) filed by Special Master (Taylor, David) (Entered: 08/01/2023) (0)
Aug 1, 2023 57 ELECTRONIC ORDER: The Court ORDERS that Special Master, David Taylor's, Summary Statements be filed and maintained under seal. (Ordered by Judge Brantley Starr on 8/1/2023) (chmb) (Entered: 08/01/2023) (0)
Jul 27, 2023 56 ELECTRONIC ORDER granting 55 Application for Admission Pro Hac Vice of Philip G. Brown. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 7/27/2023) (chmb) (Entered: 07/27/2023) (0)
Jul 26, 2023 55 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13911838) filed by MSC Industrial Direct Co Inc (Attachments: # 1 Certificate of Good Standing)Attorney Philip G Brown added to party MSC Industrial Direct Co Inc(pty:cc), Attorney Philip G Brown added to party MSC Industrial Direct Co Inc(pty:dft) (Brown, Philip) (Entered: 07/26/2023) (0)
Jul 25, 2023 54 ELECTRONIC ORDER: The Court ORDERS Plaintiff to file a response to Defendant's Motion to Stay by August 1, 2023 at 5:00 PM. The Court ORDERS Defendant to file its reply by August 5, 2023 at 5:00 PM. (Ordered by Judge Brantley Starr on 7/25/2023) (chmb) (Entered: 07/25/2023) (0)
Jul 24, 2023 53 MOTION to Stay Pending Inter Partes Reviews filed by MSC Industrial Direct Co Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Proposed Order) (Ellis, Michael) (Entered: 07/24/2023) (0)
Jul 24, 2023 52 ORDER: The Court hereby appoints David Taylor as Special Master for this proceeding to perform the duties of an adjunct law clerk and technical advisor. Mr. Taylor's contact information is as follows: David 0. Taylor, P.O. Box 750116, Dallas, Texas, 75275; E-mail: dotaylor@sm. (Ordered by Judge Brantley Starr on 7/24/2023) (oyh) (Entered: 07/24/2023) (9)
Jul 5, 2023 51 ORDER granting 29 Motion for Protective Order. The Court modified paragraph 19 and added paragraph 18 after the parties agreed to this order. (Ordered by Judge Brantley Starr on 7/5/2023) (chmb) (Entered: 07/05/2023) (20)
Jul 1, 2023 50 NOTICE of Compliance with Second Amended Miscellaneous Order No. 62 filed by Lexos Media IP LLC (Kula, Kenneth) (Entered: 07/01/2023) (3)
Jun 23, 2023 49 RESPONSE filed by Lexos Media IP LLC re: 48 Notice (Other) (Attachments: # 1 Exhibit(s) PTAB Decision on '102 Patent, # 2 Exhibit(s) PTAB Decision on '449 Patent, # 3 Exhibit(s) Federal Circuit AFFIRMANCE of PTAB Decisions on '102 and '449 patents) (Kula, Kenneth) (Entered: 06/23/2023) (0)
Jun 22, 2023 48 NOTICE of Pendency of Post-Grant Proceedings filed by MSC Industrial Direct Co Inc (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Ellis, Michael) (Entered: 06/22/2023) (0)
Jun 9, 2023 47 NOTICE of Attorney Appearance by Michael William Doell on behalf of Lexos Media IP LLC. (Filer confirms contact info in ECF is current.) (Doell, Michael) (Entered: 06/09/2023) (3)
Jun 9, 2023 46 Certificate Regarding Judge-Specific Requirements. (Buether, Eric) (Entered: 06/09/2023) (2)
Jun 9, 2023 45 Certificate Regarding Judge-Specific Requirements. (Kula, Kenneth) (Entered: 06/09/2023) (2)
Jun 8, 2023 44 Certificate Regarding Judge-Specific Requirements. (Seth, Sandeep) (Entered: 06/08/2023) (2)
Jun 8, 2023 43 Certificate Regarding Judge-Specific Requirements. (Patel, Sarika) (Entered: 06/08/2023) (1)
Jun 8, 2023 42 Certificate Regarding Judge-Specific Requirements. (Ellis, Michael) (Entered: 06/08/2023) (1)
Jun 8, 2023 41 Certificate Regarding Judge-Specific Requirements. (Chakkalakal, Noel) (Entered: 06/08/2023) (1)
Jun 8, 2023 40 Certificate Regarding Judge-Specific Requirements. (Bonilla, Ricardo) (Entered: 06/08/2023) (1)
Jun 8, 2023 39 Certificate Regarding Judge-Specific Requirements. (McNabnay, Neil) (Entered: 06/08/2023) (1)
Jun 8, 2023 38 Certificate Regarding Judge-Specific Requirements. (Balimba, Ashu) (Entered: 06/08/2023) (1)
Jun 8, 2023 37 NOTICE of Attorney Appearance by Ashu Ngale Balimba on behalf of MSC Industrial Direct Co Inc. (Filer confirms contact info in ECF is current.) (Balimba, Ashu) (Entered: 06/08/2023) (1)
Jun 8, 2023 36 Certificate Regarding Judge-Specific Requirements. (Joe, Christopher) (Entered: 06/08/2023) (2)
Jun 8, 2023 35 Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 6/8/2023) (rekc) Modified on 6/8/2023 (rekc). (Entered: 06/08/2023) (0)
Jun 2, 2023 34 SCHEDULING ORDER: Jury Trial set for two-week docket beginning 3/10/2025 at 09:00 AM before Judge Brantley Starr. Pretrial Conference set for 3/3/2025 before Judge Brantley Starr. Joinder of Parties due by 12/1/2023. Amended Pleadings due by 1/29/2024. Discovery due by 6/14/2024. Motions due by 10/11/2024. Pretrial Order due by 2/24/2025. Pretrial Materials due by 2/24/2025. Status Report due by 8/28/2024. (Ordered by Judge Brantley Starr on 6/2/2023) (acm) (Entered: 06/02/2023) (8)
May 25, 2023 33 Proposal for contents of scheduling and discovery order by Lexos Media IP LLC. (Attachments: # 1 Exhibit(s) Proposed Schedule) (Buether, Eric) (Entered: 05/25/2023) (0)
May 18, 2023 31 ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER FOR PATENT CASE: Proposed Scheduling Order due by 6/2/2023. (Ordered by Judge Brantley Starr on 5/18/2023) (acm) (Entered: 05/18/2023) (5)
May 18, 2023 32 NOTICE of Attorney Appearance by Sandeep Seth on behalf of Lexos Media IP LLC. (Filer confirms contact info in ECF is current.) (Seth, Sandeep) (Entered: 05/18/2023) (3)
May 11, 2023 30 NOTICE of Readiness and Request for Case Management Conference filed by Lexos Media IP LLC (Kula, Kenneth) Modified event type on 5/11/2023 (ykp). (Entered: 05/11/2023) (2)
May 10, 2023 29 Joint MOTION for Protective Order filed by Lexos Media IP LLC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order proposed Protective Order) (Kula, Kenneth) (Entered: 05/10/2023) (0)
Apr 28, 2023 28 NOTICE of Additional Authority filed by Lexos Media IP LLC (Attachments: # 1 Exhibit(s) Kansas District Court Opinion DENYING Motion for Judgment on the Pleadings) (Kula, Kenneth) Modified text on 4/28/2023 (sxf). (Entered: 04/28/2023) (0)
Mar 31, 2023 27 REPLY filed by MSC Industrial Direct Co Inc re: 17 MOTION to Dismiss Plaintiff's Amended Complaint (Chakkalakal, Noel) (Entered: 03/31/2023) (13)
Mar 8, 2023 26 ADDITIONAL ATTACHMENTS to 24 Response/Objection by Plaintiff Lexos Media IP LLC. (Kula, Kenneth) (Entered: 03/08/2023) (6)
Mar 7, 2023 25 Appendix in Support filed by Lexos Media IP LLC re 24 Response/Objection to MSC's Rule 12(b)(6) Motion to Dismiss (Buether, Eric) (Entered: 03/07/2023) (4)
Mar 7, 2023 24 RESPONSE filed by Lexos Media IP LLC re: 17 MOTION to Dismiss Plaintiff's Amended Complaint (Buether, Eric) (Entered: 03/07/2023) (21)
Mar 7, 2023 23 ELECTRONIC ORDER granting 22 Motion to Extend Time to File Response/Reply. (Ordered by Judge Brantley Starr on 3/7/2023) (chmb) (Entered: 03/07/2023) (0)
Mar 6, 2023 22 MOTION for Extension of Time to File Response/Reply to 17 MOTION to Dismiss Plaintiff's Amended Complaint filed by Lexos Media IP LLC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order GRANTING extension to Respond / Reply) (Kula, Kenneth) (Entered: 03/06/2023) (0)
Feb 27, 2023 21 ELECTRONIC ORDER granting 20 Motion to Extend Time. (Ordered by Judge Brantley Starr on 2/27/2023) (chmb) (Entered: 02/27/2023) (0)
Feb 23, 2023 20 Unopposed MOTION to Extend Time to Respond to MSC's Motion to Dismiss filed by Lexos Media IP LLC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order proposed Order GRANTING Extension) (Kula, Kenneth) (Entered: 02/23/2023) (0)
Feb 3, 2023 19 Appendix in Support filed by MSC Industrial Direct Co Inc re 18 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) Tab 1 - Appx 1-11, # 2 Exhibit(s) Tab 2 - Appx 2-52) (McNabnay, Neil) (Entered: 02/03/2023) (0)
Feb 3, 2023 18 Brief/Memorandum in Support filed by MSC Industrial Direct Co Inc re 17 MOTION to Dismiss Plaintiff's Amended Complaint (McNabnay, Neil) (Entered: 02/03/2023) (18)
Feb 3, 2023 17 MOTION to Dismiss Plaintiff's Amended Complaint filed by MSC Industrial Direct Co Inc (Attachments: # 1 Proposed Order) (McNabnay, Neil) (Entered: 02/03/2023) (0)
Feb 3, 2023 16 Joint STATUS REPORT for Initial Case Management filed by Lexos Media IP LLC. (Kula, Kenneth) (Entered: 02/03/2023) (7)
Jan 23, 2023 15 Report to Patent/Trademark Office of Amended Pleading. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mlb) (Entered: 01/23/2023) (1)
Jan 20, 2023 14 Amended Complaint* (1)
Nov 23, 2022 13 ANSWER to Counterclaim filed by Lexos Media IP LLC. Related document: 11 Answer to Complaint,,, Counterclaim,, (Kula, Kenneth) (Entered: 11/23/2022) (8)
Nov 3, 2022 12 Cert. Of Interested Persons/Disclosure Statement (2)
Docket Text: CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by MSC Industrial Direct Co Inc. (Clerk QC note: No affiliate entered in ECF). (McNabnay, Neil)
Nov 3, 2022 11 Answer to Complaint (12)
Docket Text: ANSWER to [1] Complaint, with Jury Demand filed by MSC Industrial Direct Co Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. COUNTERCLAIM against Lexos Media IP LLC filed by MSC Industrial Direct Co Inc (McNabnay, Neil)
Oct 5, 2022 N/A Order on Motion for Extension of Time to File Answer (0)
Docket Text: ELECTRONIC ORDER granting [10] Motion for Extension of Time to File Answer. (Ordered by Judge Brantley Starr on 10/5/2022) (chmb)
Oct 3, 2022 10 Motion for Extension of Time to File Answer (3)
Docket Text: Unopposed Motion for Extension of Time to File Answer filed by MSC Industrial Direct Co Inc Attorney Noel Franco Chakkalakal added to party MSC Industrial Direct Co Inc(pty:dft) (Chakkalakal, Noel)
Sep 15, 2022 9 Summons Returned (5)
Docket Text: Affidavit of Service re: Summons as to MSC Industrial Direct Co Inc. (Kula, Kenneth) Modified event and text on 9/19/2022 (mla).
Aug 12, 2022 8 Summons Issued (2)
Docket Text: Summons Issued as to MSC Industrial Direct Co Inc. (ykp)
Aug 12, 2022 7 Request for Clerk to Issue Document (2)
Docket Text: Request for Clerk to issue Summons filed by Lexos Media IP LLC. (Joe, Christopher)
Aug 11, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Brantley Starr pursuant to SO 3-340. Senior Judge Sam R Cummings no longer assigned to the case. (axm)
Aug 10, 2022 6 Report to Patent/Trademark or Copyright Office (1)
Docket Text: Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp)
Aug 10, 2022 5 Judge Cummings (Dallas) (2)
Docket Text: New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp)
Aug 10, 2022 4 Notice of Attorney Appearance (3)
Docket Text: NOTICE of Attorney Appearance by Christopher M Joe on behalf of Lexos Media IP, LLC. (Filer confirms contact info in ECF is current.) (Joe, Christopher)
Aug 10, 2022 3 Notice of Attorney Appearance (3)
Docket Text: NOTICE of Attorney Appearance by Kenneth P Kula on behalf of Lexos Media IP, LLC. (Filer confirms contact info in ECF is current.) (Kula, Kenneth)
Aug 10, 2022 2 Cert. Of Interested Persons/Disclosure Statement (2)
Docket Text: CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lexos Media IP, LLC. (Clerk QC note: No affiliate entered in ECF). (Buether, Eric) (Main Document 2 replaced on 8/11/2022) (ykp).
Aug 10, 2022 1 Complaint (Cover Sheet) (2)
Docket Text: COMPLAINT WITH JURY DEMAND against MSC Industrial Direct Co., Inc. filed by Lexos Media IP, LLC. (Filing fee $402; Receipt number 0539-13024274) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # (1) Exhibit(s), # (2) Exhibit(s), # (3) Cover Sheet) (Buether, Eric) (Attachment 3 replaced on 8/11/2022) (ykp).
Aug 10, 2022 1 Complaint (Exhibit(s)) (25)
Docket Text: COMPLAINT WITH JURY DEMAND against MSC Industrial Direct Co., Inc. filed by Lexos Media IP, LLC. (Filing fee $402; Receipt number 0539-13024274) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # (1) Exhibit(s), # (2) Exhibit(s), # (3) Cover Sheet) (Buether, Eric) (Attachment 3 replaced on 8/11/2022) (ykp).
Aug 10, 2022 1 Complaint (Exhibit(s)) (24)
Docket Text: COMPLAINT WITH JURY DEMAND against MSC Industrial Direct Co., Inc. filed by Lexos Media IP, LLC. (Filing fee $402; Receipt number 0539-13024274) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # (1) Exhibit(s), # (2) Exhibit(s), # (3) Cover Sheet) (Buether, Eric) (Attachment 3 replaced on 8/11/2022) (ykp).
Aug 10, 2022 1 Complaint (Main Document) (18)
Docket Text: COMPLAINT WITH JURY DEMAND against MSC Industrial Direct Co., Inc. filed by Lexos Media IP, LLC. (Filing fee $402; Receipt number 0539-13024274) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # (1) Exhibit(s), # (2) Exhibit(s), # (3) Cover Sheet) (Buether, Eric) (Attachment 3 replaced on 8/11/2022) (ykp).
Aug 10, 2022 1 Complaint* (1)
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