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Case number 1:22-cv-00986

NEC Corporation v. Our Body Electric, Inc. > Documents

Date Field Doc. No.Description (Pages)
Oct 11, 2023 74 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,752,101 ;8,909,809 ;9,769,427. (dlb) (Entered: 10/11/2023) (1)
Oct 10, 2023 73 NOTICE of Voluntary Dismissal by NEC Corporation as to Our Body Electric, Inc. (Dorsney, Kenneth) (Entered: 10/10/2023) (2)
Aug 23, 2023 72 STIPULATION to Extend Stay of All Deadlines Pending Dismissal by NEC Corporation. (Dorsney, Kenneth) (Entered: 08/23/2023) (2)
Jul 27, 2023 71 STIPULATION to Stay All Deadlines Pending Dismissal by NEC Corporation. (Hitch, Cortlan) (Entered: 07/27/2023) (2)
Jul 20, 2023 70 NOTICE of NEC's Amended Notice of Deposition and Document Subpoena's to LongTail Ad Solutions, Inc. (d/b/a "JW Player) by NEC Corporation (Dorsney, Kenneth) (Entered: 07/20/2023) (20)
Jul 7, 2023 69 NOTICE OF SERVICE of Our Body Electric, Inc.'s Objections And Responses To Plaintiff's Second Set Of Interrogatories To Defendant (No. 5), and Our Body Electric, Inc.'s Objections And Responses To Plaintiff's Second Set Of Requests For Production Of Documents And Things To Defendant (Nos. 57-61) filed by Our Body Electric, Inc..(Brown, Andrew) (Entered: 07/07/2023) (2)
Jun 30, 2023 68 NOTICE OF SERVICE of Our Body Electric, Inc.'s ESI Disclosures filed by Our Body Electric, Inc..(Brown, Andrew) (Entered: 06/30/2023) (2)
Jun 30, 2023 67 NOTICE OF SERVICE of Plaintiff NEC Corporation's disclosure of custodians pursuant to section 2 of the parties' agreement and order on production of documents and ESI filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 06/30/2023) (2)
Jun 26, 2023 66 NOTICE OF SERVICE of (1) NEC's Infringement Claim Chart regarding the '101 Patent to TIU; (2) NEC's Infringement Claim Chart regarding the '809 Patent to TIU; (3) NEC's Infringement Claim Chart regarding the '101 Patent to OBE; (4) NEC's Infringement Claim Chart regarding the '809 Patent to OBE; (5) NEC's Infringement Claim Chart regarding the '427 Patent to OBE; (6) NEC's Infringement Claim Chart regarding the '101 Patent to Peloton; (7) NEC's Infringement Claim Chart regarding the '809 Patent to Peloton and; (8) NEC's infringement Claim Chart regarding the '427 Patent to Peloton filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 06/26/2023) (4)
Jun 20, 2023 65 NOTICE of NOTICE OF DEPOSITION AND DOCUMENT SUBPOENAS TO LONGTAIL AD SOLUTIONS, INC. by NEC Corporation (Dorsney, Kenneth) (Entered: 06/20/2023) (19)
Jun 7, 2023 64 NOTICE OF SERVICE of (1) NEC's Second Set of Interrogatories to Defendant OBE (No. 5); (2) NEC's Second Set of Requests for Production to Defendant OBE (Nos. 57-61); (3) NEC's Second Set of Interrogatories to Defendant Peloton (Nos. 5-6); (4) NEC's Second Set of Requests for Production to Defendant Peloton (Nos. 57-64); (5) NEC's Second Set of Interrogatories to Defendant Tone It Up (No. 5); and (6) NEC's Second Set of Requests for Production to Defendant Tone It Up (Nos. 57-61) filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 06/07/2023) (3)
May 30, 2023 63 REDACTED VERSION of 38 Transcript. (dlb) (Entered: 05/30/2023) (15)
May 30, 2023 62 ORDER regarding redactions to transcripts (42 in 1:22-cv-00986-CJB, 41 in 1:22-cv-00987-CJB, 44 in 1:22-cv-00988-CJB) granting Unopposed MOTION to Redact (38 in 1:22-cv-00986-CJB, 37 in 1:22-cv-00987-CJB, 40 in 1:22-cv-00988-CJB) Transcript,, filed by NEC Corporation. Signed by Judge Christopher J. Burke on 5/30/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 05/30/2023) (3)
May 18, 2023 61 NOTICE OF SERVICE of Plaintiff NEC Corporation's Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-5) filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 05/18/2023) (3)
May 16, 2023 60 Supplemental Protective Order for Source Code. Signed by Judge Christopher J. Burke on 5/15/2023. Associated Cases: 1:22-cv-00987-CJB, 1:22-cv-00986-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 05/16/2023) (12)
May 15, 2023 59 Supplemental PROPOSED ORDER - Supplemental Proposed Protective Order for Source Code by NEC Corporation. (Hitch, Cortlan) (Entered: 05/15/2023) (12)
May 12, 2023 58 NOTICE OF SERVICE of Our Body Electric, Inc.'s Production of Core Technical Documents filed by Our Body Electric, Inc..(Brown, Andrew) (Entered: 05/12/2023) (2)
May 8, 2023 57 NOTICE OF SERVICE of Our Body Electric, Inc.'s Objections And Responses To Plaintiffs First Set Of Requests For Production Of Documents And Things To Defendant (Nos. 1-56), Our Body Electric, Inc.'s Objections And Responses To Plaintiff's First Set Of Interrogatories To Defendant (Nos. 1-4), and Our Body Electric, Inc.'s Objections And Responses To Plaintiff's Common Interrogatories To Defendants (Nos. 1-5) filed by Our Body Electric, Inc..(Brown, Andrew) (Entered: 05/08/2023) (2)
May 8, 2023 56 ORAL ORDER: The Court, having reviewed the parties' motion regarding a supplemental protective order ("SPO") dispute ("Motion"), (D.I. 49 in Civil Action No. 22-986-CJB, which will be the only case docket index numbers referred to herein), and the briefing related thereto, (D.I. 52; D.I. 53; D.I. 54; D.I. 55), hereby ORDERS as follows: (1) With regard to Issue #1 (paragraph 34(a)), the Court ADOPTS Plaintiff's proposal. It is not uncommon for a court in a protective order to (as Plaintiff seeks here) permit a receiving party to take notes on a laptop or other personal electronic device while reviewing source code, particularly (as will be the case here) if steps are taken to ensure that the laptop/device is such that there is no reasonable chance that it will allow for "electronic exfiltration" of Defendants' data (including that the laptop/device could be provided to Plaintiff by Defendant). (D.I. 54 at 1-2); see Taction Tech., Inc. v. Apple Inc., Case No.: 21-cv-00812-GPC-JLB, 2021 WL 4150342, at *8 (S.D. Cal. Sept. 13, 2021); Fraunhofer-Gesellschaft Zur Forderung der angewandten Forschung e.V. v. Sirus XM Radio Inc., Civil Action No. 17-184-JFB-SRF, 2017 WL 4564742, at *2 (D. Del. Oct. 13, 2017); EPL Holdings, LLC v. Apple Inc., No. C-12-04306 JST (JSC), 2013 WL 2181584, at *5 (N.D. Cal. May 20, 2013); Rmail Ltd. v. Amazon.com, Inc., CIVIL ACTION NO. 2:10-CV-00258-TJW, 2011 WL 13404919, at *2 (E.D. Tex. June 1, 2011). There are obvious efficiency gains to Plaintiff in using a laptop to take notes regarding source code review (as compared to having to take notes by hand), (D.I. 54 at 2), and Defendant has not sufficiently explained why such a process will unduly threaten the security of its source code, in light of all of the other built-in protections in the SPO.; (2) With regard to Issue #2 (paragraph 34(h)), the Court ADOPTS Defendants' proposal. Neither proposal is way out of bounds. But pursuant to the SPO, Plaintiff will be able to print up to 600 pages of Defendants' source code in this case (and perhaps more). (D.I. 52, ex. B at 7; D.I. 55 at 2) The Court can see how allowing five separate copies of those 600 pages (as Plaintiff asks) to be printed, as opposed to 3 such separate copies (as Defendants ask) could increase the total amount of printed source code to a degree where inadvertent exposure becomes a real concern. Although this may not permit every attorney on Plaintiff's team to have a printout of the source code in front of him or her at every moment, (D.I. 52 at 2-3), it provides enough copies so that Plaintiff should not be unduly prevented from doing the work it needs to do, (D.I. 53 at 3).; (3) With regard to Issue #3 (paragraph 34(j)), the Court ADOPTS Plaintiff's proposal. There is not now a reason to believe that an expert or consultant that will be hired by a party could not abide by the requirement that they keep any source code printouts in a secured locked area in their office. (D.I. 55 at 3) Courts regularly expect that such experts and consultants can do so in these types of cases. (Id.; D.I. 54 at 3 (citing cases)) And it is easy to see how experts/consultants will need to consult printed aspects of the source code while preparing their testimony and reports. (D.I. 54 at 3) If Defendants later believe that a particular proposed expert is likely not to be vigilant in following this directive, or that such an expert's office environment is not conducive to storage of source code, (D.I. 53 at 3), then they can object to the expert's participation in the case, or later seek to modify this aspect of the SPO, (D.I. 54 at 3).; and (4) Today's videoconference is CANCELED. Ordered by Judge Christopher J. Burke on 5/8/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(mlc) (Entered: 05/08/2023) (0)
Apr 27, 2023 55 Letter to The Honorable Christopher J. Burke from Andrew L. Brown regarding response to Plaintiff's letter regarding Protective Order dispute - re 52 Letter,. (Attachments: # 1 Exhibit 1)(Brown, Andrew) (Entered: 04/27/2023) (0)
Apr 27, 2023 54 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding NEC Corporation's Responsive Dispute Letter - re (51 in 1:22-cv-00986-CJB, 51 in 1:22-cv-00986-CJB, 53 in 1:22-cv-00988-CJB, 53 in 1:22-cv-00988-CJB) Order Setting Videoconference,,,,,,,,, Set Deadlines/Hearings,,,,,,,, (49 in 1:22-cv-00987-CJB, 49 in 1:22-cv-00987-CJB) Order Setting Videoconference,,,,,,,,, Set Hearings,,,,,,,,. (Dorsney, Kenneth) (Entered: 04/27/2023) (5)
Apr 20, 2023 53 Letter to The Honorable Christopher J. Burke from Defendants regarding Source Code Dispute. (Attachments: # 1 Attachment A)(Brown, Andrew) (Entered: 04/20/2023) (0)
Apr 20, 2023 52 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Plaintiff's initial dispute letter re proposed supplemental protective order - re (51 in 1:22-cv-00986-CJB, 51 in 1:22-cv-00986-CJB, 53 in 1:22-cv-00988-CJB, 53 in 1:22-cv-00988-CJB) Order Setting Videoconference,,,,,,,,, Set Deadlines/Hearings,,,,,,,, (49 in 1:22-cv-00987-CJB, 49 in 1:22-cv-00987-CJB) Order Setting Videoconference,,,,,,,,, Set Hearings,,,,,,,,. (Dorsney, Kenneth) (Entered: 04/20/2023) (30)
Apr 20, 2023 51 ORAL ORDER Setting Videoconference: The Court has reviewed the parties' April 13, 2023 letter requesting a teleconference regarding three disputes relating to a proposed supplemental protective order regarding source code protections. (D.I. 48 in Civil Action 22-986-CJB; D.I. 47 in Civil Action No. 22-987-CJB; D.I. 50 in Civil Action No. 22-988-CJB) It hereby ORDERS that the procedures for resolving a protective order dispute set out in the Scheduling Order will be modified as follows with regard to these disputes: (1) A protective order dispute videoconference using the Microsoft Teams platform is set for May 8, 2023 at 11:00 a.m. before Judge Christopher J. Burke.; (2) By no later than April 20, 2023, each party shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues, including the party's proposal as to how the content of the disputed portion(s) of the supplemental protective order should read. By no later than April 27, 2023, each party may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party's response to the opposing party's initial letter.; (3) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (4) By no later than April 27, 2023, 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.; and (5) The Court may choose to resolve the disputes prior to the videoconference and will, in that event, cancel the conference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 4/13/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 04/20/2023) (0)
Apr 18, 2023 50 NOTICE OF SERVICE of Defendants' Common Interrogatories to Plaintiff NEC Corporation (Nos. 1-5) - filed by Peloton Interactive, Inc..(Flynn, Michael) (Entered: 04/18/2023) (5)
Apr 13, 2023 49 MOTION Teleconference to Resolve Discovery Dispute re (48 in 1:22-cv-00986-CJB, 50 in 1:22-cv-00988-CJB, 47 in 1:22-cv-00987-CJB) Letter - filed by NEC Corporation. (Hitch, Cortlan) (Entered: 04/13/2023) (2)
Apr 13, 2023 48 Letter to The Honorable Christopher J. Burke from Cortlan S. Hitch regarding Supplemental Protective Order. (Hitch, Cortlan) (Entered: 04/13/2023) (2)
Mar 31, 2023 47 REDACTED VERSION of (42 in 1:22-cv-00986-CJB, 41 in 1:22-cv-00987-CJB, 44 in 1:22-cv-00988-CJB) Unopposed MOTION to Redact (38 in 1:22-cv-00986-CJB, 37 in 1:22-cv-00987-CJB, 40 in 1:22-cv-00988-CJB) Transcript,, by NEC Corporation. (Hitch, Cortlan) (Entered: 03/31/2023) (30)
Mar 30, 2023 46 PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 3/30/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(mlc) (Entered: 03/30/2023) (24)
Mar 30, 2023 45 PROPOSED ORDER - Proposed Protective Order by NEC Corporation. (Hitch, Cortlan) (Entered: 03/30/2023) (24)
Mar 30, 2023 44 STIPULATION regarding Production of Documents and Electronically Stored Information by NEC Corporation. (Hitch, Cortlan) (Entered: 03/30/2023) (11)
Mar 30, 2023 43 NOTICE OF SERVICE of NEC's Production of License and/or Settlement Agreement to Defendants Pursuant to Paragraph 6 of the Scheduling Order filed by NEC Corporation.(Hitch, Cortlan) (Entered: 03/30/2023) (3)
Mar 30, 2023 42 [SEALED] Unopposed MOTION to Redact (38 in 1:22-cv-00986-CJB, 37 in 1:22-cv-00987-CJB, 40 in 1:22-cv-00988-CJB) Transcript,, - filed by NEC Corporation. (Hitch, Cortlan) (Entered: 03/30/2023) (0)
Mar 28, 2023 41 NOTICE OF SERVICE of (1) NEC's Identification of Accused Products, Asserted Patents, File Histories, and Damages Model to OBE; (2) NEC's Identification of Accused Products, Asserted Patents, File Histories and Damages Model to Peloton and; (3) NEC's Identification of Accused Products, Asserted Patents, File Histories and Damages Model to TIU filed by NEC Corporation.(Hitch, Cortlan) (Entered: 03/28/2023) (3)
Mar 23, 2023 40 NOTICE OF SERVICE of (1) NEC's First Set of Common Interrogatories to Defendants (Nos. 1-5); (2) NEC's First Set of Interrogatories to Defendant OBE (Nos. 1-4) ; (3) NEC's First Set of Requests for Production to Defendant OBE (Nos. 1-56) ; (4) NEC's First Set of Interrogatories to Defendant Peloton (Nos. 1-4); (5) NEC's First Set of Requests for Production to Defendant Peloton (Nos. 1-56); (6) NEC's First Set of Interrogatories to Defendant TIU (Nos. 1-4); and (7) NEC's First Set of Requests for Production to Defendant TIU filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 03/23/2023) (3)
Mar 22, 2023 39 NOTICE of Intent to Request Redaction by Kenneth Laurence Dorsney re (38 in 1:22-cv-00986-CJB, 37 in 1:22-cv-00987-CJB, 40 in 1:22-cv-00988-CJB) Transcript,, (Dorsney, Kenneth) (Entered: 03/22/2023) (2)
Mar 22, 2023 38 Official Transcript of Case Management Conference held on 3/13/2023 before Judge Judge Burke. Court Reporter/Transcriber DEANNA WARNER, CSR,Email: warnerdeanna@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 4/12/2023. Redacted Transcript Deadline set for 4/24/2023. Release of Transcript Restriction set for 6/20/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 03/22/2023) (0)
Mar 20, 2023 37 SCHEDULING ORDER: Joinder of Parties due by 8/30/2023. Amended Pleadings due by 8/20/2023. Discovery due by 6/12/2024. Opening Expert Reports due by 7/12/2024. Rebuttal Expert Reports due by 8/9/2024. Expert Discovery due by 10/4/2024. Status Report due by 8/27/2024. Dispositive Motions due by 10/18/2024. Answering Brief due 11/15/2024. Reply Brief due 12/6/2024. A Motion Hearing is set for 12/20/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Markman Hearing is set for 2/13/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 3/21/2025 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Jury Trial is set for 3/31/2025 at 09:30 AM in Courtroom 2A before Judge Christopher J. Burke. Please see order for further details and deadlines. Signed by Judge Christopher J. Burke on 3/20/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(dlb) (dlb). (Entered: 03/20/2023) (23)
Mar 17, 2023 36 PROPOSED ORDER Revised Proposed Scheduling Order by NEC Corporation. (Hitch, Cortlan) (Entered: 03/17/2023) (23)
Mar 16, 2023 35 ORDER regarding disclosure of patent license and settlement agreements. Signed by Judge Christopher J. Burke on 3/16/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 03/16/2023) (2)
Mar 16, 2023 34 PROPOSED ORDER regarding NEC's Disclosure of Patent License and Settlement Agreement by NEC Corporation. (Hitch, Cortlan) (Entered: 03/16/2023) (2)
Mar 10, 2023 33 NOTICE OF SERVICE of NEC's 26(a) Initial Disclosures filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 03/10/2023) (3)
Mar 10, 2023 32 NOTICE OF SERVICE of Defendant Our Body Electric, Inc.'s Initial Disclosures filed by Our Body Electric, Inc..(Brown, Andrew) (Entered: 03/10/2023) (2)
Mar 3, 2023 31 MOTION for Pro Hac Vice Appearance of Attorney Kiyotoki Natsume - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 03/03/2023) (3)
Mar 1, 2023 30 Oral Order Setting Scheduling Conference: A Case Management/Scheduling Videoconference using the Microsoft Teams platform is set for 3/13/2023 at 03:30 PM before Judge Christopher J. Burke. By no later than March 7, 2023, 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 videoconference. Ordered by Judge Christopher J. Burke on 3/1/23. Associated Cases: 1:22-cv-00987-CJB, 1:22-cv-00986-CJB, 1:22-cv-00988-CJB(mlc) (Entered: 03/01/2023) (0)
Feb 24, 2023 29 Letter to Judge Burke from Cortlan S. Hitch regarding Proposed Scheduling Order. (Hitch, Cortlan) (Main Document 29 replaced on 2/27/2023) (dlb). (Entered: 02/24/2023) (30)
Jan 25, 2023 28 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent"; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Scheduling Order can be found on Judge Burke's portion of the District Court's website. Ordered by Judge Christopher J. Burke on 1/25/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00987-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 01/25/2023) (0)
Jan 25, 2023 27 CONSENT to Jurisdiction by U.S. Magistrate Judge filed by NEC Corporation, Our Body Electric, Inc. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 1/25/2023. (nmf) (Entered: 01/25/2023) (1)
Dec 29, 2022 26 REQUEST for Oral Argument by NEC Corporation re 22 MOTION to Dismiss for Failure to State a Claim . (Hitch, Cortlan) (Entered: 12/29/2022) (1)
Dec 29, 2022 25 REPLY BRIEF re 22 MOTION to Dismiss for Failure to State a Claim filed by Our Body Electric, Inc.. (Attachments: # 1 Certificate of Compliance)(Moore, David) (Entered: 12/29/2022) (0)
Dec 22, 2022 24 ANSWERING BRIEF in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by NEC Corporation.Reply Brief due date per Local Rules is 12/29/2022. (Dorsney, Kenneth) (Entered: 12/22/2022) (28)
Dec 1, 2022 23 OPENING BRIEF in Support re 22 MOTION to Dismiss for Failure to State a Claim filed by Our Body Electric, Inc..Answering Brief/Response due date per Local Rules is 12/15/2022. (Attachments: # 1 Certificate of Compliance)(Moore, David) (Entered: 12/01/2022) (Certificate of Compliance) (2)
Dec 1, 2022 22 MOTION to Dismiss for Failure to State a Claim - filed by Our Body Electric, Inc.. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 12/01/2022) (Text of Proposed Order) (1)
Dec 1, 2022 23 OPENING BRIEF in Support re 22 MOTION to Dismiss for Failure to State a Claim filed by Our Body Electric, Inc..Answering Brief/Response due date per Local Rules is 12/15/2022. (Attachments: # 1 Certificate of Compliance)(Moore, David) (Entered: 12/01/2022) (Main Document) (23)
Dec 1, 2022 22 MOTION to Dismiss for Failure to State a Claim - filed by Our Body Electric, Inc.. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 12/01/2022) (Main Document) (2)
Nov 17, 2022 21 SO ORDERED, re 20 STIPULATION TO EXTEND TIME of certain case deadlines to various dates, filed by Our Body Electric, Inc. Set/Reset Answer Deadlines: Our Body Electric, Inc. answer due 12/1/2022. See Order for further deadlines. Signed by Judge Colm F. Connolly on 11/17/2022. (kmd) (Entered: 11/17/2022) (2)
Nov 16, 2022 20 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME of certain case deadlines to various dates to - filed by Our Body Electric, Inc.. (Moore, David)
Nov 8, 2022 19 Declaration (30)
Docket Text: DECLARATION re [18] Amended Complaint Exhibit G to First Amended Complaint - Expert Declaration of Dr. Michael Sprenger by NEC Corporation. (Dorsney, Kenneth)
Nov 8, 2022 18 Amended Complaint (Exhibit Exhibits A-T) (30)
Docket Text: First AMENDED COMPLAINT against Our Body Electric, Inc.- filed by NEC Corporation. (Attachments: # (1) Exhibit Exhibits A-T)(Dorsney, Kenneth)
Nov 8, 2022 18 Amended Complaint (Main Document) (30)
Docket Text: First AMENDED COMPLAINT against Our Body Electric, Inc.- filed by NEC Corporation. (Attachments: # (1) Exhibit Exhibits A-T)(Dorsney, Kenneth)
Nov 8, 2022 18 Amended Complaint* (1)
Oct 14, 2022 17 SO ORDERED (2)
Docket Text: SO ORDERED, re [16] STIPULATION TO EXTEND TIME for NEC to File Answering Brief and Our Body Electric to file Reply Brief to November 8, 2022 and November 15, 2022 filed by NEC Corporation, [12] MOTION to Dismiss for Failure to State a Claim filed by Our Body Electric, Inc., Set Briefing Schedule: re [12] MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 11/8/2022., Reply Brief due 11/15/2022.) Signed by Judge Colm F. Connolly on 10/14/2022. (nmf)
Oct 13, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Gary A. Abelev,Michael A. Oakes for Our Body Electric, Inc. 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. (apk)
Oct 12, 2022 16 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for NEC to File Answering Brief and Our Body Electric to file Reply Brief to November 8, 2022 and November 15, 2022 - filed by NEC Corporation. (Dorsney, Kenneth)
Oct 11, 2022 15 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Our Body Electric, Inc.. (Moore, David)
Oct 11, 2022 14 Declaration (Exhibit 1-2) (4)
Docket Text: DECLARATION re [12] MOTION to Dismiss for Failure to State a Claim [Declaration of Steven L. Wood] by Our Body Electric, Inc.. (Attachments: # (1) Exhibit 1-2)(Moore, David)
Oct 11, 2022 14 Declaration (Main Document) (2)
Docket Text: DECLARATION re [12] MOTION to Dismiss for Failure to State a Claim [Declaration of Steven L. Wood] by Our Body Electric, Inc.. (Attachments: # (1) Exhibit 1-2)(Moore, David)
Oct 11, 2022 13 Opening Brief in Support (Certificate of Compliance) (2)
Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim filed by Our Body Electric, Inc..Answering Brief/Response due date per Local Rules is 10/25/2022. (Attachments: # (1) Certificate of Compliance)(Moore, David)
Oct 11, 2022 13 Opening Brief in Support (Main Document) (27)
Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim filed by Our Body Electric, Inc..Answering Brief/Response due date per Local Rules is 10/25/2022. (Attachments: # (1) Certificate of Compliance)(Moore, David)
Oct 11, 2022 12 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 Our Body Electric, Inc.. (Attachments: # (1) Text of Proposed Order)(Moore, David)
Oct 11, 2022 12 Motion to Dismiss for Failure to State a Claim (Main Document) (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Our Body Electric, Inc.. (Attachments: # (1) Text of Proposed Order)(Moore, David)
Sep 30, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Armin Ghiam and Steven L. Wood for Our Body Electric, Inc. 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. (mpb)
Sep 29, 2022 10 Motion for Leave to Appear Pro Hac Vice (6)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Gary A. Abelev, Armin Ghiam, Michael A. Oakes and Steven L. Wood of Hunton Andrews Kurth LLP - filed by Our Body Electric, Inc.. (Palapura, Bindu)
Sep 29, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [11] STIPULATION TO EXTEND TIME respond to complaint to October 10, 2022, filed by NEC Corporation. Reset Answer Deadlines: Our Body Electric, Inc. answer due 10/10/2022. Ordered by Judge Colm F. Connolly on 9/29/2022. (kmd)
Sep 29, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [10] MOTION for Pro Hac Vice Appearance of Attorney Gary A. Abelev, Armin Ghiam, Michael A. Oakes and Steven L. Wood of Hunton Andrews Kurth LLP, filed by Our Body Electric, Inc. Ordered by Judge Colm F. Connolly on 9/29/2022. (kmd)
Sep 29, 2022 11 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME respond to complaint to October 10, 2022 - filed by NEC Corporation. (Dorsney, Kenneth)
Sep 7, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Jennifer C. Tempesta, Nick Palmieri, Michael E. Knierim, Sarah J. Guske, Lance Goodman, Robert L. Maier for NEC 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. Associated Cases: 1:22-cv-00986-CFC, 1:22-cv-00987-CFC, 1:22-cv-00988-CFC(smg)
Sep 1, 2022 9 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael E. Knierim and Attorney Nick Palmieri - filed by NEC Corporation. (Dorsney, Kenneth)
Sep 1, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (8 in 1:22-cv-00988-CFC, 9 in 1:22-cv-00986-CFC, 9 in 1:22-cv-00987-CFC) MOTION for Pro Hac Vice Appearance of Attorney Michael E. Knierim and Attorney Nick Palmieri, filed by NEC Corporation. Ordered by Judge Colm F. Connolly on 9/1/2022. Associated Cases: 1:22-cv-00987-CFC, 1:22-cv-00986-CFC, 1:22-cv-00988-CFC (kmd)
Aug 30, 2022 8 Motion for Leave to Appear Pro Hac Vice (6)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Lance J. Goodman, Attorney Sarah Guske, Attorney Robert Maier, and Attorney Jennifer C. Tempesta - filed by NEC Corporation. (Dorsney, Kenneth)
Aug 30, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (7 in 1:22-cv-00988-CFC, 8 in 1:22-cv-00986-CFC, 8 in 1:22-cv-00987-CFC) MOTION for Pro Hac Vice Appearance of Attorney Lance J. Goodman, Attorney Sarah Guske, Attorney Robert Maier, and Attorney Jennifer C. Tempesta, filed by NEC Corporation Ordered by Judge Colm F. Connolly on 8/30/2022. Associated Cases: 1:22-cv-00987-CFC, 1:22-cv-00986-CFC, 1:22-cv-00988-CFC(kmd)
Aug 18, 2022 7 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to October 3, 2022 - filed by Our Body Electric, Inc.. (Moore, David)
Aug 18, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [7] STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to October 3, 2022 filed by Our Body Electric, Inc., Set/Reset Answer Deadlines: Our Body Electric, Inc. answer due 10/3/2022. Signed by Judge Colm F. Connolly on 8/18/2022. (nmf)
Aug 3, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:22-cv-00986-CFC, 1:22-cv-00987-CFC, 1:22-cv-00988-CFC (rjb)
Jul 28, 2022 6 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by NEC Corporation. Our Body Electric, Inc. served on 7/28/2022, answer due 8/18/2022. (Dorsney, Kenneth)
Jul 28, 2022 5 Summons Issued (2)
Docket Text: Summons Issued as to Our Body Electric, Inc. on 7/28/2022. (twk)
Jul 28, 2022 4 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NEC Corporation. (twk)
Jul 28, 2022 3 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,752,101; 8,909,809; 9,769,427. (twk)
Jul 28, 2022 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk)
Jul 28, 2022 1 Complaint (Civil Cover Sheet) (1)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Our Body Electric, Inc. ( Filing fee $ 402, receipt number ADEDC-3924463.) - filed by NEC Corporation. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(twk)
Jul 28, 2022 1 Complaint (Exhibit A-F) (30)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Our Body Electric, Inc. ( Filing fee $ 402, receipt number ADEDC-3924463.) - filed by NEC Corporation. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(twk)
Jul 28, 2022 1 Complaint (Main Document) (21)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Our Body Electric, Inc. ( Filing fee $ 402, receipt number ADEDC-3924463.) - filed by NEC Corporation. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(twk)
Jul 28, 2022 1 Complaint* (1)
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