Case number 1:23-cv-12666
Nike, Inc. v. New Balance Athletics, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 15, 2025 | 115 | NOTICE of Withdrawal of Appearance by Michael J. Harris withdrawing the appearance of Lindsey C. Staubach (Harris, Michael) (Entered: 10/15/2025) (3) |
| Aug 22, 2025 | 114 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Upon review of the parties' joint status report, ECF 113 , this matter will remain STAYED pending the outcome of Nike's appeal of the PTAB decision finding U.S. Patent No. 8,266,749 (the "'749 patent") unpatentable. It would be inefficient for the parties and the Court to proceed with this case while uncertainty remains over the validity of the '749 patent. As New Balance argues, that patent alone is asserted against half of the accused products remaining in this case. ECF 113 , at 5. It would be highly inefficient for the parties to engage in discovery related to a patent that has been found unpatentable by the PTAB and that accounts for half of the allegedly infringing products. Further, two of the six disputed claim terms come from the '749 patent alone. See ECF 73 , at 1-2; ECF 77 , at 1 n.2, 13-16, 18-20; ECF 79 , at 9-11, 17-19. Should the Federal Circuit affirm the PTAB's decision, that determination could simplify the claim construction and discovery phases of this case. The Court agrees with Nike that severing the '749 patent from the remaining patents in the case would likewise be inefficient. ECF 113 , at 4. But the more prudent path forward is for the entire case to remain stayed pending the outcome of Nike's appeal, rather than to resume litigation regarding a patent that has been found unpatentable by the PTAB and that accounts for much of the dispute in this case. The Court is not persuaded, for the reasons discussed in its June 6, 2025 Memorandum and Order, that Nike will be unduly prejudiced while this matter remains stayed. See ECF 108 , at 10-14. New Balance has committed to continue collecting evidence from its overseas manufacturers while a stay is in place, id. at 12, and that commitment holds for the duration of the stay. Within 14 days of the resolution of Nike's appeal of the PTAB's Final Written Decision on the '749 patent, the parties are ORDERED to file a joint status report that (1) notifies the Court of the outcome of that appeal, and (2) conveys the parties' recommendations to the Court on a scheduling order. (Currie, Haley) (Entered: 08/22/2025) (0) |
| Aug 20, 2025 | 112 | STIPULATION Filed Jointly Dismissing Claims and Defenses Relating to U.S. Patent No. 9,730,484 by Nike, Inc.. (Harris, Michael) (Entered: 08/20/2025) (5) |
| Aug 20, 2025 | 113 | STATUS REPORT Filed Jointly by Nike, Inc.. (Harris, Michael) (Entered: 08/20/2025) (11) |
| Aug 13, 2025 | 111 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The stay entered in this case having expired on August 9, 2025, the parties are ORDERED to confer and file a joint status report by August 20, 2025. The status report shall (1) notify the Court of the outcome of the inter partes review proceedings referenced in this Court's June 6, 2025 memorandum and order, ECF 108 ; (2) convey the parties' positions on whether this matter should remain stayed; and (3) convey the parties' recommendations to the Court on a scheduling order should this matter not remain stayed. (Currie, Haley) (Entered: 08/13/2025) (0) |
| Aug 1, 2025 | 110 | NOTICE of Withdrawal of Appearance by Douglas J. Kline of Amadou Kilkenny Diaw (Kline, Douglas) (Entered: 08/01/2025) (3) |
| Jun 6, 2025 | 108 | District Judge Julia E. Kobick: MEMORANDUM AND ORDER entered.For the foregoing reasons, New Balance's motion to stay this case pending inter partes review, ECF 81 , is GRANTED. This action is stayed in its entirety until August 9, 2025.SO ORDERED. (Currie, Haley) (Entered: 06/06/2025) (14) |
| Jun 6, 2025 | 109 | ELECTRONIC NOTICE Canceling Hearing - In light of the filing of the Court's Memorandum & Order, ECF 108 , the Markman Hearing set for 6/20/2025 is canceled. (Currie, Haley) (Entered: 06/06/2025) (0) |
| May 29, 2025 | 106 | Transcript of Remote Motion Hearing held on May 8, 2025, before Judge Julia E. Kobick. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com. Redaction Request due 6/20/2025. Redacted Transcript Deadline set for 6/30/2025. Release of Transcript Restriction set for 8/27/2025. (DRK) (Entered: 05/30/2025) (37) |
| May 29, 2025 | 107 | NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 05/30/2025) (0) |
| May 8, 2025 | 104 | Electronic Clerk's Notes for proceedings held before District Judge Julia E. Kobick: Motion Hearing held on 5/8/2025 by video conference. Case called. The Court hears arguments regarding 81 MOTION to Stay Pending Inter Partes Review filed by New Balance Athletics, Inc.. The Court takes the matter under advisement. (Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com.)(Attorneys present: Lindsey Staubach, Michael J. Harris and Matthew Wilk for the Plaintiff. Jordan Brock, Christie L. Larochelle, Amadou Kilkenny Diaw and Douglas J. Kline for the Defendant.) (Currie, Haley) (Entered: 05/08/2025) (0) |
| May 8, 2025 | 105 | NOTICE of Appearance by Olivia Mathews on behalf of Nike, Inc. (Mathews, Olivia) (Entered: 05/08/2025) (2) |
| Apr 25, 2025 | 103 | NOTICE of Appearance by Michael J. Sebba on behalf of Nike, Inc. (Sebba, Michael) (Entered: 04/25/2025) (2) |
| Apr 24, 2025 | 101 | SUR-REPLY to Motion re 81 MOTION to Stay Pending Inter Partes Review filed by Nike, Inc.. (Harris, Michael) (Main Document 101 replaced on 4/24/2025) (EZG). (Entered: 04/24/2025) (11) |
| Apr 24, 2025 | 102 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 99 Motion for Leave to Appear Pro Hac Vice Added Michael J. Sebba; Olivia Mathews. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorneys. (EZG) (Entered: 04/24/2025) (0) |
| Apr 23, 2025 | 98 | MOTION for Leave to File a Sur-Reply in Support of its Opposition to New Balances Motion to Stay Pending Inter Partes Review by Nike, Inc.. (Attachments: # 1 Exhibit A)(Harris, Michael) (Entered: 04/23/2025) (0) |
| Apr 23, 2025 | 99 | MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Sebba; Olivia Mathews Filing fee: $ 250, receipt number AMADC-10968989 by Nike, Inc.. (Attachments: # 1 Exhibit A - Declaration of Michael J. Sebba, # 2 Exhibit B - Declaration of Olivia Mathews)(Kelly, Fred) (Entered: 04/23/2025) (0) |
| Apr 23, 2025 | 100 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 98 MOTION for Leave to File a Sur-Reply in Support of its Opposition to New Balances Motion to Stay Pending Inter Partes Review Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley) (Entered: 04/23/2025) (0) |
| Apr 17, 2025 | 97 | NOTICE of Appearance by Matthew Wilk on behalf of Nike, Inc. (Wilk, Matthew) (Entered: 04/17/2025) (2) |
| Apr 16, 2025 | 96 | NOTICE of Appearance by Jordan Bock on behalf of New Balance Athletics, Inc. (Bock, Jordan) (Entered: 04/16/2025) (2) |
| Apr 15, 2025 | 92 | ELECTRONIC NOTICE Setting Hearing on Motion 81 MOTION to Stay Pending Inter Partes Review - This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible. Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Motion Hearing set for 5/8/2025 11:00 AM in Courtroom 3 (Remote only) before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 04/15/2025) (0) |
| Apr 15, 2025 | 93 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 91 MOTION for Leave to File a Reply in Support of Its Motion for Stay Pending Inter Partes Review Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley) (Entered: 04/15/2025) (0) |
| Apr 15, 2025 | 94 | NOTICE of Appearance by Joshua S. Barlow on behalf of Nike, Inc. (Barlow, Joshua) (Entered: 04/15/2025) (2) |
| Apr 15, 2025 | 95 | REPLY to Response to 81 MOTION to Stay Pending Inter Partes Review filed by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 04/15/2025) (14) |
| Apr 9, 2025 | 91 | MOTION for Leave to File a Reply in Support of Its Motion for Stay Pending Inter Partes Review by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A)(Kline, Douglas) (Entered: 04/09/2025) (0) |
| Mar 28, 2025 | 89 | MEMORANDUM in Opposition re 81 MOTION to Stay Pending Inter Partes Review filed by Nike, Inc.. (Harris, Michael) (Entered: 03/28/2025) (23) |
| Mar 28, 2025 | 90 | DECLARATION re 89 Memorandum in Opposition to Motion Declaration of Michael J. Harris by Nike, Inc.. (Attachments: # 1 Exhibit A - ePropelled ECF No 51, # 2 Exhibit B - Singular Computing ECF No 103, # 3 Exhibit C - IPR2024-00778 Institution Denial, # 4 Exhibit D - Verdict Form 23-cv-00771, # 5 Exhibit E - Plastipak ECF No 95, # 6 Exhibit F - Plastipak ECF No 99, # 7 Exhibit G - IPR2025-00141 Patent Owner's Preliminary Response, # 8 Exhibit H - IPR2025-00142 Patent Owner's Preliminary Response, # 9 Exhibit I - IPR2025-00144 Patent Owner's Preliminary Response, # 10 Exhibit J - IPR2025-00150 Patent Owner's Preliminary Response, # 11 Exhibit K - IPR2025-00151 Patent Owner's Preliminary Response, # 12 Exhibit L - Fed. Cir. Median Time to Disposition Statistics, # 13 Exhibit M - Netlist ECF No 710, # 14 Exhibit N - New Balance Preliminary Invalidity Contentions (excerpts), # 15 Exhibit O - Nike's 2024 Form 10-K (excerpts), # 16 Exhibit P - Top 20 Nike Competitors & Alternatives - Business Strategy Hub, # 17 Exhibit Q - Nike Competitors Analysis - Business Chronicler, # 18 Exhibit R - 17 Nike Competitors That You Should Know About [In 2025] - RankRed, # 19 Exhibit S - New Balance Website Searches)(Harris, Michael) (Entered: 03/28/2025) (0) |
| Mar 27, 2025 | 85 | Reply to Preliminary Claim Construction Briefs by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 03/27/2025) (23) |
| Mar 27, 2025 | 86 | Reply to Preliminary Claim Construction Briefs by Nike, Inc.. (Harris, Michael) (Entered: 03/27/2025) (22) |
| Mar 27, 2025 | 87 | DECLARATION re 85 Reply to Preliminary Claim Construction Briefs Declaration of Amadou K. Diaw in Support by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit 14 - PTAB-IPR2025-00020-6, # 2 Exhibit 15 - US2904980, # 3 Exhibit 16 - PTAB-IPR2024-00778-10, # 4 Exhibit 17 - Excerpt of Cross Examination of Raymond Tonkel)(Kilkenny Diaw, Amadou) (Entered: 03/27/2025) (0) |
| Mar 27, 2025 | 88 | DECLARATION re 86 Reply to Preliminary Claim Construction Briefs Declaration of Michael J. Harris by Nike, Inc.. (Attachments: # 1 Exhibit A - PTAB Decision Denying Institution of IPR2024-00778, # 2 Exhibit B - Industry Standard ISO 4916-1991 (excerpt))(Harris, Michael) (Entered: 03/27/2025) (0) |
| Mar 21, 2025 | 84 | STIPULATION Filed Jointly Regarding Marking by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 03/21/2025) (4) |
| Mar 14, 2025 | 81 | MOTION to Stay Pending Inter Partes Review by New Balance Athletics, Inc..(Kline, Douglas) (Entered: 03/14/2025) (3) |
| Mar 14, 2025 | 82 | MEMORANDUM in Support re 81 MOTION to Stay Pending Inter Partes Review filed by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 03/14/2025) (27) |
| Mar 14, 2025 | 83 | DECLARATION re 81 MOTION to Stay Pending Inter Partes Review Declaration of Amadou K. Diaw by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A - lululemon '484 Patent IPR Institution Decision, # 2 Exhibit B - lululemon '749 Patent IPR Institution Decision, # 3 Exhibit C - Skechers '484 Patent IPR Petition, # 4 Exhibit D - Nike Initial Infringement Claim Charts (Cover))(Kilkenny Diaw, Amadou) (Entered: 03/14/2025) (0) |
| Feb 25, 2025 | 77 | Preliminary Claim Construction Briefs by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 02/25/2025) (25) |
| Feb 25, 2025 | 78 | DECLARATION re 77 Preliminary Claim Construction Briefs by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Kilkenny Diaw, Amadou) (Entered: 02/25/2025) (0) |
| Feb 25, 2025 | 79 | Markman Brief by Nike, Inc.. (Harris, Michael) (Entered: 02/25/2025) (26) |
| Feb 25, 2025 | 80 | DECLARATION re 79 Markman Brief Nike's Opening Claim Construction Brief by Nike, Inc.. (Attachments: # 1 Exhibit A - US Pat. 8266749, # 2 Exhibit B - US Pat. 8898932, # 3 Exhibit C - US Pat. 9060562, # 4 Exhibit D - US Pat. 9510636, # 5 Exhibit E - US Pat. 9730484, # 6 Exhibit F - US Pat. 9907350, # 7 Exhibit G - US Pat. 9918511, # 8 Exhibit H - US Pat. 9924758, # 9 Exhibit I - US Pat. 11707105, # 10 Exhibit J - New Balance's Responses to First Set of Interrogatories (excerpt), # 11 Exhibit K - Claim Construction Ruling 1-23-cv-00771 SDNY (ECF No. 270), # 12 Exhibit L - 2-14-2025 Email from Grosshuesch to Staubach)(Harris, Michael) (Entered: 02/25/2025) (0) |
| Feb 7, 2025 | 76 | NOTICE of Appearance by Kelly Grosshuesch on behalf of New Balance Athletics, Inc. (Grosshuesch, Kelly) (Entered: 02/07/2025) (2) |
| Feb 6, 2025 | 74 | MOTION for Leave to Appear Pro Hac Vice for admission of Kelly Grosshuesch Filing fee: $ 125, receipt number AMADC-10827006 by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A - Certification of Kelly Grosshuesch)(Kline, Douglas) (Entered: 02/06/2025) (0) |
| Feb 6, 2025 | 75 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 74 Motion for Leave to Appear Pro Hac Vice Added Kelly Grosshuesch. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (EZG) (Entered: 02/06/2025) (0) |
| Feb 4, 2025 | 73 | Joint Claim Construction and Prehearing Statement by Nike, Inc.. (Harris, Michael) (Entered: 02/04/2025) (7) |
| Jan 31, 2025 | 71 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 70 Joint MOTION to Enter Stipulated Amended Protective Order (Currie, Haley) (Entered: 01/31/2025) (0) |
| Jan 31, 2025 | 72 | District Judge Julia E. Kobick: STIPULATED AMENDED PROTECTIVE ORDER entered. (Currie, Haley) (Entered: 01/31/2025) (27) |
| Jan 30, 2025 | 70 | Joint MOTION to Enter Stipulated Amended Protective Order by New Balance Athletics, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Protective Order)(Kline, Douglas) (Entered: 01/30/2025) (0) |
| Jan 23, 2025 | 69 | NOTICE of Appearance by Christie L. Larochelle on behalf of New Balance Athletics, Inc. (Larochelle, Christie) (Entered: 01/23/2025) (2) |
| Oct 8, 2024 | 67 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 66 Joint MOTION for Entry of Stipulated Order Regarding Electronically Stored Information (Currie, Haley) (Entered: 10/08/2024) (0) |
| Oct 8, 2024 | 68 | District Judge Julia E. Kobick: ORDER FOR ELECTRONIC DISCOVERY entered. (Currie, Haley) (Entered: 10/08/2024) (11) |
| Oct 7, 2024 | 66 | Joint MOTION for Entry of Stipulated Order Regarding Electronically Stored Information by Nike, Inc.. (Attachments: # 1 Exhibit A - Proposed Stipulated ESI Order)(Harris, Michael) (Entered: 10/07/2024) (0) |
| Sep 23, 2024 | 64 | Electronic Clerk's Notes for proceedings held before District Judge Julia E. Kobick: Scheduling Conference held on 9/23/2024 by video conference.Case called. The Court notes it has received the parties' joint statement and proposed schedule 60 . The Court inquires about a few details regarding the joint submission. The Court adopts the proposed schedule provided by the parties with a few adjustments. Scheduling Order will be issued with reflected adjustments. (Court Reporter: Jamie Halpin at jkhhalpin@gmail.com.)(Attorneys present: Lindsey Staubach and Michael J. Harris for the Plaintiff. Amadou Kilkenny Diaw, Jacqueline Genovese Bova and Douglas J. Kline for the Defendant.) (Currie, Haley) (Entered: 09/23/2024) (0) |
| Sep 23, 2024 | 65 | District Judge Julia E. Kobick: SCHEDULING ORDER entered. DEADLINES: All requests for production of documents and interrogatories must be served 30 days prior to close of fact discovery. All requests for admission must be served 30 days prior to close of fact discovery. All depositions, other than expert depositions, must be completed by the close of fact discovery. Fact Discovery must be completed by 12/19/2025 or 60 days after the Markman order, whichever comes later. Patentees Preliminary Patent-Related Disclosures by 10/14/2024 Conference Concerning Patentee's Preliminary Patent-Related Disclosures by 11/4/2024 Accused Infringer's Preliminary Production by 12/19/2024 Parties Exchange List of Terms and Proposed Constructions by 1/21/2025 Meet and Confer Regarding Exchanged Terms by 1/28/2025 Joint Disputed Claim Terms Chart by 2/4/2025 Opening Claim Construction Briefs/Expert Declarations by 2/25/2025 Complete Claim Construction Expert Depositions by 3/18/2025 Responsive Claim Construction Briefs by 3/27/2025 Opening Expert Reports 30 days after the close of fact discovery. Rebuttal Expert Reports 30 days after exchange of opening expert reports. Close of Expert Discovery within 90 days of the close of fact discovery. Dispositive motions and Daubert motions to be filed within 30 days of the close of expert discovery. Dispositive Motion and Daubert Motion Opposition Briefs Deadline 21 days after service. Pretrial Disclosures no later than 28 days before the final pretrial conference. Objections to Evidence prior to meet and confer before pretrial memorandum. Meet and Confer before pretrial memorandum, joint pretrial memorandum, pretrial conference, trial brief, and trial date will be set by the Court at a later date. NOTICE OF HEARINGS: Markman Hearing set for 6/20/2025 10:00 AM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. Status Conference set for 1/7/2026 10:00 AM in Courtroom 3 (Remote only) before District Judge Julia E. Kobick.(Currie, Haley) (Entered: 09/23/2024) (11) |
| Sep 17, 2024 | 61 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 59 Joint MOTION for Protective Order (Currie, Haley) (Entered: 09/17/2024) (0) |
| Sep 17, 2024 | 62 | District Judge Julia E. Kobick: STIPULATED PROTECTIVE ORDER entered. (Currie, Haley) (Entered: 09/17/2024) (24) |
| Sep 17, 2024 | 63 | ANSWER to Counterclaim by Nike, Inc..(Harris, Michael) (Entered: 09/17/2024) (15) |
| Sep 16, 2024 | 59 | Joint MOTION for Protective Order by Nike, Inc.. (Attachments: # 1 Exhibit A - Proposed Protective Order)(Harris, Michael) (Entered: 09/16/2024) (0) |
| Sep 16, 2024 | 60 | JOINT STATEMENT re scheduling conference and Proposed Scheduling Order. (Harris, Michael) (Entered: 09/16/2024) (17) |
| Sep 3, 2024 | 58 | NOTICE of Appearance by Joe Galvin on behalf of Nike, Inc. (Galvin, Joe) (Entered: 09/03/2024) (2) |
| Aug 30, 2024 | 56 | MOTION for Leave to Appear Pro Hac Vice for admission of Joseph Galvin Filing fee: $ 125, receipt number AMADC-10577960 by Nike, Inc.. (Attachments: # 1 Exhibit A - Declaration of Joseph Galvin)(Kelly, Fred) (Entered: 08/30/2024) (0) |
| Aug 30, 2024 | 57 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered granting 56 Motion for Leave to Appear Pro Hac Vice Added Joseph Galvin. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) (Entered: 08/30/2024) (0) |
| Aug 29, 2024 | 53 | Assented to MOTION to Set Initial Scheduling Conference by Nike, Inc..(Harris, Michael) (Entered: 08/29/2024) (3) |
| Aug 29, 2024 | 54 | District Judge Julia E. Kobick: ELECTRONIC ORDER granting 53 Assented to MOTION to Set Initial Scheduling Conference (Currie, Haley) (Entered: 08/29/2024) (0) |
| Aug 29, 2024 | 55 | NOTICE of Scheduling ConferenceThis hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 9/23/2024 03:00 PM in Courtroom 3 (Remote only) before District Judge Julia E. Kobick. (Attachments: # 1 Proposed Scheduling Order Template)(Currie, Haley) (Entered: 08/29/2024) (0) |
| Aug 27, 2024 | 52 | ANSWER to 1 Complaint,, with Jury Demand , COUNTERCLAIM against Nike, Inc. by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kline, Douglas) (Entered: 08/27/2024) (0) |
| Aug 13, 2024 | 51 | District Judge Julia E. Kobick: MEMORANDUM AND ORDER entered. For the foregoing reasons, New Balance's partial motion to dismiss, ECF 28 , is DENIED.SO ORDERED. (Kelly, Danielle) (Entered: 08/13/2024) (9) |
| Jul 1, 2024 | 50 | NOTICE of Withdrawal of Appearance by Douglas J. Kline of Sarah Ann Casey (Kline, Douglas) (Entered: 07/01/2024) (3) |
| Mar 12, 2024 | 48 | Transcript of Motion Hearing held on March 6, 2024, before Judge Julia E. Kobick. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com. Redaction Request due 4/2/2024. Redacted Transcript Deadline set for 4/12/2024. Release of Transcript Restriction set for 6/10/2024. (McDonagh, Christina) (Entered: 03/13/2024) (27) |
| Mar 12, 2024 | 49 | NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) (Entered: 03/13/2024) (0) |
| Mar 6, 2024 | 47 | Electronic Clerk's Notes for proceedings held before District Judge Julia E. Kobick: Motion Hearing held on 3/6/2024 re 28 MOTION TO DISMISS (Partial) filed by New Balance Athletics, Inc. Case called. The Court hears arguments regarding the 28 MOTION TO DISMISS (Partial) claims related to U.S. Patent Nos. 9,907,350, 9,918,511, and 9,924,758. The Court takes the Partial Motion to Dismiss under advisement. (Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com.)(Attorneys present: Christopher Renk and Jack Schecter for the Plainitff. Amadou Kilkenny Diaw, Douglas J. Kline and Jacqueline Genovese Bova for the Defendant.) (Currie, Haley) (Entered: 03/06/2024) (0) |
| Feb 14, 2024 | 45 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice Added Jenevieve Nutovits. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Cook, Savannah) (Entered: 02/14/2024) (0) |
| Feb 14, 2024 | 46 | NOTICE of Appearance by Jenevieve N. Nutovits on behalf of New Balance Athletics, Inc. (Nutovits, Jenevieve) (Entered: 02/14/2024) (2) |
| Feb 8, 2024 | 43 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered granting 40 Assented to MOTION to Continue March 7, 2024 hearing on Defendant's pending Partial Motion to Dismiss (Currie, Haley) (Entered: 02/08/2024) (0) |
| Feb 8, 2024 | 44 | ELECTRONIC NOTICE Resetting Hearing on Motion 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) - Motion Hearing set for 3/6/2024 11:00 AM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 02/08/2024) (0) |
| Feb 7, 2024 | 40 | Assented to MOTION to Continue March 7, 2024 hearing on Defendant's pending Partial Motion to Dismiss by New Balance Athletics, Inc..(Kline, Douglas) (Entered: 02/07/2024) (3) |
| Feb 7, 2024 | 41 | MOTION for Leave to Appear Pro Hac Vice for admission of Jenevieve Nutovits Filing fee: $ 125, receipt number AMADC-10259540 by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A - Certificate of Jenevieve Nutovits)(Kline, Douglas) (Entered: 02/07/2024) (0) |
| Feb 7, 2024 | 42 | NOTICE of Appearance by Adrian J. Santiago Ortiz on behalf of New Balance Athletics, Inc. (Santiago Ortiz, Adrian) (Entered: 02/07/2024) (2) |
| Feb 5, 2024 | 39 | ELECTRONIC NOTICE Setting Hearing on Motion 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) - Motion Hearing set for 3/7/2024 01:00 PM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 02/05/2024) (0) |
| Jan 31, 2024 | 37 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered granting 36 Assented to MOTION for Leave to File a Sur-Reply Brief in Opposition to New Balance's Motion to Dismiss ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Cook, Savannah) (Entered: 01/31/2024) (0) |
| Jan 31, 2024 | 38 | SUR-REPLY to Motion re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Nike, Inc.. (Bowling, Aaron) (Entered: 01/31/2024) (4) |
| Jan 30, 2024 | 33 | Assented to MOTION for Leave to File a Reply Brief in Support of its Partial Motion to Dismiss Plaintiff's Complaint by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A)(Kline, Douglas) (Entered: 01/30/2024) (0) |
| Jan 30, 2024 | 34 | District Judge Julia E. Kobick: ELECTRONIC ORDER entered granting 33 Assented to MOTION for Leave to File a Reply Brief in Support of its Partial Motion to Dismiss Plaintiff's Complaint Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley) (Entered: 01/30/2024) (0) |
| Jan 30, 2024 | 35 | REPLY to Response to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 01/30/2024) (10) |
| Jan 30, 2024 | 36 | Assented to MOTION for Leave to File a Sur-Reply Brief in Opposition to New Balance's Motion to Dismiss by Nike, Inc.. (Attachments: # 1 Exhibit A)(Bowling, Aaron) (Entered: 01/30/2024) (0) |
| Jan 25, 2024 | 31 | Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Nike, Inc.. (Kelly, Fred) (Entered: 01/25/2024) (16) |
| Jan 25, 2024 | 32 | DECLARATION re 31 Opposition to Motion Declaration of Fred Kelly in support of Nike's Opposition to New Balance Athletics, Inc.'s Partial Motion to Dismiss by Nike, Inc.. (Attachments: # 1 Exhibit A - 2023.01.31 - Letter Nike to New Balance, # 2 Exhibit B - 2023.02.14 - Letter New Balance to Nike, # 3 Exhibit C - 2023.03.03 - Letter Nike to New Balance, # 4 Exhibit D - 2023.03.07 - Letter New Balance to Nike)(Kelly, Fred) (Entered: 01/25/2024) (0) |
| Jan 12, 2024 | 28 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) by New Balance Athletics, Inc.. (Attachments: # 1 Text of Proposed Order)(Kline, Douglas) (Entered: 01/12/2024) (0) |
| Jan 12, 2024 | 29 | MEMORANDUM in Support re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by New Balance Athletics, Inc.. (Kline, Douglas) (Entered: 01/12/2024) (25) |
| Jan 12, 2024 | 30 | DECLARATION re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) Declaration of Amadou K. Diaw in Support of Defendant New Balance Athletics, Inc.'s Partial Motion to Dismiss Plaintiff's Complaint by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kilkenny Diaw, Amadou) (Entered: 01/12/2024) (0) |
| Nov 29, 2023 | 26 | NOTICE by Nike, Inc. of Refusal to Consent to Proceed before a U.S. Magistrate Judge (Kelly, Fred) (Entered: 11/29/2023) (2) |
| Nov 29, 2023 | 27 | ELECTRONIC NOTICE of Case Reassignment. District Judge Julia E Kobick assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Horvath, Courtney) (Entered: 11/29/2023) (0) |
| Nov 28, 2023 | 21 | NOTICE of Appearance by Amadou Kilkenny Diaw on behalf of New Balance Athletics, Inc. (Kilkenny Diaw, Amadou) (Entered: 11/28/2023) (2) |
| Nov 28, 2023 | 22 | NOTICE of Appearance by Sarah Ann Casey on behalf of New Balance Athletics, Inc. (Casey, Sarah) (Entered: 11/28/2023) (2) |
| Nov 28, 2023 | 23 | NOTICE of Appearance by Jacqueline Genovese Bova on behalf of New Balance Athletics, Inc. (Genovese Bova, Jacqueline) (Entered: 11/28/2023) (2) |
| Nov 28, 2023 | 24 | MOTION for Extension of Time to January 12, 2024 to File Response/Reply as to 1 Complaint,, by New Balance Athletics, Inc..(Kline, Douglas) (Entered: 11/28/2023) (3) |
| Nov 28, 2023 | 25 | Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING 24 MOTION for Extension of Time to January 12, 2024 to File Response/Reply as to 1 Complaint by New Balance Athletics, Inc. (Warnock, Douglas) (Entered: 11/28/2023) (0) |
| Nov 27, 2023 | 13 | NOTICE of Appearance by Douglas J. Kline on behalf of New Balance Athletics, Inc. (Kline, Douglas) (Entered: 11/27/2023) (2) |
| Nov 27, 2023 | 14 | CORPORATE DISCLOSURE STATEMENT by New Balance Athletics, Inc. identifying Corporate Parent New Balance, Inc., Other Affiliate New Balance Holdings, Inc. for New Balance Athletics, Inc... (Kline, Douglas) (Entered: 11/27/2023) (2) |
| Nov 27, 2023 | 15 | MOTION for Leave to Appear Pro Hac Vice for admission of Amadou Kilkenny Diaw Filing fee: $ 125, receipt number AMADC-10148142 by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A- Certification of Amadou Kilkenny Diaw)(Kline, Douglas) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 16 | MOTION for Leave to Appear Pro Hac Vice for admission of Sarah Casey Filing fee: $ 125, receipt number AMADC-10148152 by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A- Certification of Sarah Casey)(Kline, Douglas) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 17 | MOTION for Leave to Appear Pro Hac Vice for admission of Jacqueline Genovese Bova Filing fee: $ 125, receipt number AMADC-10148161 by New Balance Athletics, Inc.. (Attachments: # 1 Exhibit A- Certification of Jacqueline Genovese Bova)(Kline, Douglas) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 18 | Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING 15 Motion for Leave to Appear Pro Hac Vice as to Amadou Kilkenny Diaw. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 19 | Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING 16 Motion for Leave to Appear Pro Hac Vice as to Sarah Casey. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 20 | Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING 17 Motion for Leave to Appear Pro Hac Vice as to Jacqueline Genovese Bova. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) (Entered: 11/27/2023) (0) |
| Nov 21, 2023 | 12 | SUMMONS Returned Executed New Balance Athletics, Inc. served on 11/8/2023, answer due 11/29/2023. (Harris, Michael) (Entered: 11/21/2023) (4) |
| Nov 10, 2023 | 9 | NOTICE of Appearance by Lindsey Staubach on behalf of Nike, Inc. (Staubach, Lindsey) (Entered: 11/10/2023) (2) |
| Nov 10, 2023 | 10 | NOTICE of Appearance by Kathleen Patricia Duffy on behalf of Nike, Inc. (Duffy, Kathleen) (Entered: 11/10/2023) (2) |
| Nov 10, 2023 | 11 | NOTICE of Appearance by Miranda Hallett on behalf of Nike, Inc. (Hallett, Miranda) (Entered: 11/10/2023) (2) |
| Nov 6, 2023 | 1 | Complaint* (1) |
| Nov 6, 2023 | 2 | CORPORATE DISCLOSURE STATEMENT by Nike, Inc.. (Kelly, Fred) (Entered: 11/06/2023) (2) |
| Nov 6, 2023 | 3 | REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Kelly, Fred) (Entered: 11/06/2023) (2) |
| Nov 6, 2023 | 4 | NOTICE of Appearance by Fred A. Kelly, Jr on behalf of Nike, Inc. (Kelly, Fred) (Entered: 11/06/2023) (1) |
| Nov 6, 2023 | 5 | MOTION for Leave to Appear Pro Hac Vice for admission of Christopher J. Renk, Michael J. Harris, Aaron P. Bowling, Lindsey Staubach, Kathleen P. Duffy, and Miranda A. Hallett Filing fee: $ 750, receipt number AMADC-10120967 by Nike, Inc.. (Attachments: # 1 Exhibit A - Declaration of Christopher J. Renk, # 2 Exhibit B - Declaration of Michael J. Harris, # 3 Exhibit C - Declaration of Aaron P. Bowling, # 4 Exhibit D - Declaration of Lindsey Staubach, # 5 Exhibit E - Declaration of Kathleen P. Duffy, # 6 Exhibit F - Declaration of Miranda A. Hallett)(Kelly, Fred) (Entered: 11/06/2023) (0) |
| Nov 6, 2023 | 6 | NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cook, Savannah) (Entered: 11/06/2023) (0) |
| Nov 6, 2023 | 7 | Summons Issued as to New Balance Athletics, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) (Entered: 11/06/2023) (2) |
| Nov 6, 2023 | 8 | Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING 5 Motion for Leave to Appear Pro Hac Vice as to Christopher J. Renk, Michael J. Harris, Aaron P. Bowling, Lindsey Staubach, Kathleen P. Duffy & Miranda A. Hallett. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Lindsey Staubach, Kathleen P. Duffy & Miranda A. Hallett: To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attornies (Lindsey Staubach, Kathleen P. Duffy & Miranda A. Hallett.) (Warnock, Douglas) (Entered: 11/06/2023) (0) |
