Case number 1:22-cv-00988
NEC Corporation v. Tone It Up, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 30, 2024 | 88 | NOTICE of Withdrawal of Sarah Guske by NEC Corporation (Dorsney, Kenneth) (Entered: 10/30/2024) (2) |
| Sep 30, 2024 | 85 | ORDER GRANTING D.I. 81 MOTION for Default Judgment as to Tone It Up, Inc. filed by NEC Corporation. Signed by Judge Christopher J. Burke on 9/30/2024.This order has been emailed to local counsel. (smg) UNSEALED on 10/4/2024 (smg). (Entered: 09/30/2024) (3) |
| Sep 30, 2024 | 86 | DEFAULT JUDGMENT in favor of NEC Corporation against Tone It Up, Inc.(CASE CLOSED) Signed by Judge Christopher J. Burke on 9/30/2024.This order has been emailed to local counsel. (smg) UNSEALED on 10/4/2024 (smg). (Entered: 09/30/2024) (1) |
| Sep 30, 2024 | 87 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,752,101; 8,909,809. (smg) (Entered: 09/30/2024) (1) |
| Oct 20, 2023 | 83 | REDACTED VERSION of 81 MOTION for Default Judgment as to Tone It Up, Inc. by NEC Corporation. (Attachments: # 1 Proposed Order)(Hitch, Cortlan) (Entered: 10/20/2023) (0) |
| Oct 20, 2023 | 84 | REDACTED VERSION of 82 Opening Brief in Support by NEC Corporation. (Hitch, Cortlan) (Entered: 10/20/2023) (20) |
| Oct 13, 2023 | 80 | ORAL ORDER: In light of the Clerk's Entry of Default with respect to Defendant Tone It Up, Inc., (D.I. 79), the Court hereby ORDERS that Defendant's Renewed Motion to Dismiss, (D.I. 18), is hereby DENIED without prejudice to renew. Ordered by Judge Christopher J. Burke on 10/13/2023. (dlb) (Entered: 10/13/2023) (0) |
| Oct 13, 2023 | 81 | MOTION for Default Judgment as to Tone It Up, Inc. - filed by NEC Corporation. (Attachments: # 1 Proposed Default Judgment)(Hitch, Cortlan) (Entered: 10/13/2023) (0) |
| Oct 13, 2023 | 82 | [SEALED] OPENING BRIEF in Support re 81 MOTION for Default Judgment as to Tone It Up, Inc. filed by NEC Corporation.Answering Brief/Response due date per Local Rules is 10/27/2023. (Hitch, Cortlan) (Entered: 10/13/2023) (0) |
| Oct 12, 2023 | 78 | ORDER granting D.I. 77 Motion for Clerk's Entry of Default. Signed by Judge Christopher J. Burke on 10/11/2023. (dlb) (Entered: 10/12/2023) (1) |
| Oct 12, 2023 | 79 | Clerk's ENTRY OF DEFAULT as to Tone It Up, Inc. (dlb) (Entered: 10/12/2023) (1) |
| Oct 11, 2023 | 77 | REQUEST for Default as to Tone It Up, Inc. - filed by NEC Corporation. (Attachments: # 1 Proposed Order)(Hitch, Cortlan) (Entered: 10/11/2023) (0) |
| Jul 20, 2023 | 76 | 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 12, 2023 | 75 | ORAL ORDER: For the reasons discussed during today's videoconference, the Court, hereby ORDERS that Defendant's Counsel's Motion to Withdraw, (D.I. 67), is GRANTED. The appearances of Nixon Peabody LLP and Young Conaway Stargatt & Taylor, LLP and its attorneys and their representation of Defendant is hereby withdrawn in all aspects and for all purposes of this case. Defendant is granted 21 days from the date of this Order to obtain new counsel who shall enter an appearance on its behalf.. Signed by Judge Christopher J. Burke on 7/12/2023. (dlb) (Entered: 07/12/2023) (0) |
| Jul 11, 2023 | 74 | ORAL ORDER Resetting Videoconference: The videoconference in this matter that was set for July 10, 2023 has been rescheduled for July 12, 2023 at 1:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 7/11/2023. (dlb) (Entered: 07/11/2023) (0) |
| Jun 30, 2023 | 73 | 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 | 70 | 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 26, 2023 | 71 | Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding TIU's Motion to Withdraw as Counsel - re 67 MOTION for the law firms of Nixon Peabody LLP and Young Conaway Stargatt & Taylor, LLP to Withdraw as Attorney, 69 Oral Order,,. (Dorsney, Kenneth) (Entered: 06/26/2023) (3) |
| Jun 26, 2023 | 72 | ORAL ORDER: The Court, having reviewed the parties' June 26, 2023 letter regarding Defendants' Counsel's Motion to Withdraw (the "motion"), (D.I. 71), hereby ORDERS that a videoconference regarding the motion using the Microsoft Teams platform is set for 7/10/2023 at 02:30 PM before Judge Christopher J. Burke.; (2) Defendant's Counsel shall attempt to provide notice to its client regarding the videoconference; and (3) By no later than July 5, 2023, the parties shall send an e-mail to the Court's Law Clerk, Melanie Crawford, indicating the names and e-mail addresses of all individuals who will participate in the videoconference. Ordered by Judge Christopher J. Burke on 6/26/2023. (mlc) (Entered: 06/26/2023) (0) |
| Jun 21, 2023 | 69 | ORAL ORDER: The Court, having reviewed Defendants Counsels Motion to Withdraw (the motion), (D.I. 67), hereby ORDERS that by no later than June 26, 2023, the parties shall submit a joint letter of no more than one single-spaced page indicating: (1) whether Defendants client objects to the motion; and 2) whether Plaintiff objects to Defendants counsels withdrawal, if that withdrawal were to be granted prior to new counsel entering an appearance for Defendant. Ordered by Judge Christopher J. Burke on 6/21/2023. (dlb) (Entered: 06/21/2023) (0) |
| Jun 20, 2023 | 68 | NOTICE of NOTICE OF DEPOSITION AND DOCUMENT SUBPOENAS TO LONGTAIL AD SOLUTIONS, INC. by NEC Corporation (Dorsney, Kenneth) (Entered: 06/20/2023) (19) |
| Jun 16, 2023 | 67 | MOTION for the law firms of Nixon Peabody LLP and Young Conaway Stargatt & Taylor, LLP to Withdraw as Attorney - filed by Tone It Up, Inc.. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) (Entered: 06/16/2023) (0) |
| Jun 7, 2023 | 66 | 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 | 64 | 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 30, 2023 | 65 | REDACTED VERSION of 40 Transcript. (dlb) (Entered: 05/30/2023) (15) |
| May 18, 2023 | 63 | 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 | 62 | 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 | 61 | Supplemental PROPOSED ORDER - Supplemental Proposed Protective Order for Source Code by NEC Corporation. (Hitch, Cortlan) (Entered: 05/15/2023) (12) |
| May 11, 2023 | 60 | NOTICE OF SERVICE of Defendant Tone It Up, Inc.'s core technical documents and sales figures filed by Tone It Up, Inc..(Zare, Maliheh) (Entered: 05/11/2023) (2) |
| May 8, 2023 | 59 | 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 | 57 | 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 27, 2023 | 58 | Letter to The Honorable Christopher J. Burke from Defendants regarding a response to Plaintiff's Letter regarding dispute over proposed supplemental protective order - re 54 Letter,. (Attachments: # 1 Exhibit 1)(Kraman, Pilar) (Entered: 04/27/2023) (0) |
| Apr 24, 2023 | 56 | NOTICE OF SERVICE of 1) Defendant Tone It Up, Inc.'s Responses and Objections to Plaintiff's First Set of Interrogatories to Defendant (Nos. 1-4); 2) Defendant Tone It Up, Inc.'s Responses and Objections to Plaintiff's First Set of Requests for Production of Documents and Things (Nos. 1-56); and 3) Defendant Tone It Up, Inc.'s Responses and Objections to Plaintiff's Common Interrogatories to Defendants (Nos. 1-5). filed by Tone It Up, Inc..(Zare, Maliheh) (Entered: 04/24/2023) (2) |
| Apr 20, 2023 | 53 | 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 20, 2023 | 54 | 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 | 55 | Letter to The Honorable Christopher J. Burke from Defendants regarding Source Code Dispute - re 53 Order Setting Videoconference,,,,,,,,, Set Deadlines/Hearings,,,,,,,,. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) (Entered: 04/20/2023) (0) |
| Apr 18, 2023 | 52 | 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 | 50 | Letter to The Honorable Christopher J. Burke from Cortlan S. Hitch regarding Supplemental Protective Order. (Hitch, Cortlan) (Entered: 04/13/2023) (2) |
| Apr 13, 2023 | 51 | 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) |
| Mar 31, 2023 | 49 | 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 | 44 | [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 30, 2023 | 45 | 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 | 46 | STIPULATION regarding Production of Documents and Electronically Stored Information by NEC Corporation. (Hitch, Cortlan) (Entered: 03/30/2023) (11) |
| Mar 30, 2023 | 47 | PROPOSED ORDER - Proposed Protective Order by NEC Corporation. (Hitch, Cortlan) (Entered: 03/30/2023) (24) |
| Mar 30, 2023 | 48 | 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 28, 2023 | 43 | 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 | 42 | 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 | 40 | 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 22, 2023 | 41 | 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 20, 2023 | 39 | 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 | 38 | PROPOSED ORDER Revised Proposed Scheduling Order by NEC Corporation. (Hitch, Cortlan) (Entered: 03/17/2023) (23) |
| Mar 16, 2023 | 36 | PROPOSED ORDER regarding NEC's Disclosure of Patent License and Settlement Agreement by NEC Corporation. (Hitch, Cortlan) (Entered: 03/16/2023) (2) |
| Mar 16, 2023 | 37 | 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 10, 2023 | 34 | NOTICE OF SERVICE of Defendant Tone It Up, Inc.'s Initial Disclosures filed by Tone It Up, Inc..(Zare, Maliheh) (Entered: 03/10/2023) (2) |
| Mar 10, 2023 | 35 | NOTICE OF SERVICE of NEC's 26(a) Initial Disclosures filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 03/10/2023) (3) |
| Mar 3, 2023 | 33 | MOTION for Pro Hac Vice Appearance of Attorney Kiyotoki Natsume - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 03/03/2023) (3) |
| Mar 2, 2023 | 32 | NOTICE of Appearance by Maliheh Zare on behalf of Tone It Up, Inc. (Zare, Maliheh) (Entered: 03/02/2023) (3) |
| Mar 1, 2023 | 31 | 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 | 30 | Letter to Judge Burke from Cortlan S. Hitch regarding Proposed Scheduling Order. (Hitch, Cortlan) (Main Document 30 replaced on 2/27/2023) (dlb). (Entered: 02/24/2023) (30) |
| Jan 27, 2023 | 29 | Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Tone It Up, Inc.. (Kraman, Pilar) (Entered: 01/27/2023) (2) |
| Jan 25, 2023 | 26 | CONSENT to Jurisdiction by U.S. Magistrate Judge filed by NEC Corporation, Tone It Up, 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) |
| Jan 25, 2023 | 27 | 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 | 28 | ORAL ORDER: The Court hereby ORDERS that by no later than January 27, 2023, Defendant shall file the Rule 7.1 Disclosure Statements required by Federal Rule of Civil Procedure 7.1. Ordered by Judge Christopher J. Burke on 1/25/2023. Associated Cases: 1:22-cv-00986-CJB, 1:22-cv-00988-CJB(dlb) (Entered: 01/25/2023) (0) |
| Jan 20, 2023 | 25 | REQUEST for Oral Argument by Tone It Up, Inc. re 18 MOTION to Dismiss for Failure to State a Claim (RENEWED). (Kraman, Pilar) (Entered: 01/20/2023) (3) |
| Jan 19, 2023 | 24 | REQUEST for Oral Argument by NEC Corporation re 18 MOTION to Dismiss for Failure to State a Claim (RENEWED). (Dorsney, Kenneth) (Entered: 01/19/2023) (1) |
| Jan 17, 2023 | 23 | REPLY BRIEF re 18 MOTION to Dismiss for Failure to State a Claim (RENEWED) filed by Tone It Up, Inc.. (Kraman, Pilar) (Entered: 01/17/2023) (19) |
| Jan 3, 2023 | 22 | ANSWERING BRIEF in Opposition re 18 MOTION to Dismiss for Failure to State a Claim (RENEWED) filed by NEC Corporation.Reply Brief due date per Local Rules is 1/10/2023. (Dorsney, Kenneth) (Entered: 01/03/2023) (28) |
| Dec 12, 2022 | 20 | STIPULATION TO EXTEND TIME for NEC to File Answering Brief and Tone It Up to file Reply Brief to January 3, 2023 and January 17, 2023 - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 12/12/2022) (2) |
| Dec 12, 2022 | 21 | SO ORDERED, re 20 STIPULATION TO EXTEND TIME for NEC to File Answering Brief and Tone It Up to file Reply Brief to January 3, 2023 and January 17, 2023, filed by NEC Corporation. Reset Briefing Schedule: re 18 MOTION to Dismiss for Failure to State a Claim (RENEWED). Answering Brief due 1/3/2023., Reply Brief due 1/17/2023. Signed by Judge Colm F. Connolly on 12/12/2022. (kmd) (Entered: 12/12/2022) (2) |
| Dec 5, 2022 | 18 | MOTION to Dismiss for Failure to State a Claim (RENEWED) - filed by Tone It Up, Inc.. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 19 | OPENING BRIEF in Support re 18 MOTION to Dismiss for Failure to State a Claim (RENEWED) filed by Tone It Up, Inc..Answering Brief/Response due date per Local Rules is 12/19/2022. (Kraman, Pilar) (Entered: 12/05/2022) (30) |
| Nov 21, 2022 | 16 | First AMENDED COMPLAINT against Tone It Up, Inc.- filed by NEC Corporation.(Dorsney, Kenneth) (Entered: 11/21/2022) (30) |
| Nov 21, 2022 | 17 | DECLARATION re 16 Amended Complaint Exhibit E to First Amended Complaint - Expert Declaration of Dr. Michael Sprenger by NEC Corporation. (Dorsney, Kenneth) (Entered: 11/21/2022) (30) |
| Oct 28, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [15] STIPULATION TO EXTEND TIME for NEC to File Answering Brief and Tone It Up to file Reply Brief to November 21, 2022 and December 12, 2022, filed by NEC Corporation. Reset Briefing Schedule: re [13] MOTION to Dismiss for Failure to State a Claim. Answering Brief due 11/21/2022. Reply Brief due 12/12/2022. Ordered by Judge Colm F. Connolly on 10/28/2022. (kmd) |
| Oct 28, 2022 | 15 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for NEC to File Answering Brief and Tone It Up to file Reply Brief to November 21, 2022 and December 12, 2022 - filed by NEC Corporation. (Dorsney, Kenneth) |
| Oct 25, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Joshua J. Pollack and Erica J. Van Loon for Tone It Up, 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) |
| Oct 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] MOTION for Pro Hac Vice Appearance of Attorney Erica J. Van Loon and Joshua J. Pollack, filed by Tone It Up, Inc. Ordered by Judge Colm F. Connolly on 10/24/2022. (kmd) |
| Oct 24, 2022 | 12 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Erica J. Van Loon and Joshua J. Pollack - filed by Tone It Up, Inc.. (Kraman, Pilar) |
| Oct 24, 2022 | 13 | 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 Tone It Up, Inc.. (Attachments: # (1) Text of Proposed Order)(Kraman, Pilar) |
| Oct 24, 2022 | 13 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (3) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Tone It Up, Inc.. (Attachments: # (1) Text of Proposed Order)(Kraman, Pilar) |
| Oct 24, 2022 | 14 | Opening Brief in Support (27) Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss for Failure to State a Claim filed by Tone It Up, Inc..Answering Brief/Response due date per Local Rules is 11/7/2022. (Kraman, Pilar) |
| Oct 20, 2022 | 11 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Pilar Gabrielle Kraman on behalf of Tone It Up, Inc. (Kraman, Pilar) |
| Sep 30, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [10] MOTION for Extension of Time to File Answer Unopposed motion to extend time for Defendant to file response to complaint to October 24th, filed by NEC Corporation. Reset Answer Deadlines: Tone It Up, Inc. answer due 10/24/2022. Ordered by Judge Colm F. Connolly on 9/30/2022. (kmd) |
| Sep 30, 2022 | 10 | Motion for Extension of Time to File Answer (2) Docket Text: MOTION for Extension of Time to File Answer Unopposed motion to extend time for Defendant to file response to complaint to October 24th. - 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 | 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) |
| Sep 1, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [9] STIPULATION TO EXTEND TIME for Defendant Tone It Up, Inc. to answer, move or otherwise respond to the Complaint to October 3, 2022, filed by NEC Corporation. Reset Answer Deadlines: Tone It Up, Inc. answer due 10/3/2022. Ordered by Judge Colm F. Connolly on 9/1/2022. (kmd) |
| Sep 1, 2022 | 8 | 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 | 9 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendant Tone It Up, Inc. to answer, move or otherwise respond to the Complaint to October 3, 2022 - 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 30, 2022 | 7 | 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 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 | 1 | Complaint* (1) |
| Jul 28, 2022 | 1 | Complaint (Main Document) (15) Docket Text: COMPLAINT for Patent Infringement - filed with Jury Demand against Tone It Up, Inc. ( Filing fee $ 402, receipt number ADEDC-3924490.) - filed by NEC Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(smg) |
| Jul 28, 2022 | 1 | Complaint (Exhibit A-D) (30) Docket Text: COMPLAINT for Patent Infringement - filed with Jury Demand against Tone It Up, Inc. ( Filing fee $ 402, receipt number ADEDC-3924490.) - filed by NEC Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(smg) |
| Jul 28, 2022 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT for Patent Infringement - filed with Jury Demand against Tone It Up, Inc. ( Filing fee $ 402, receipt number ADEDC-3924490.) - filed by NEC Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(smg) |
| Jul 28, 2022 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| 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. (smg) |
| 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. (smg) |
| Jul 28, 2022 | 5 | Summons Issued (2) Docket Text: Summons Issued as to Tone It Up, Inc. on 7/28/2022. (smg) |
| Jul 28, 2022 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by NEC Corporation. Tone It Up, Inc. served on 7/28/2022, answer due 8/18/2022. (Dorsney, Kenneth) |
