Case number 1:18-cv-02584
PopSockets LLC v. Quest USA Corp. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 16, 2020 | 118 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 Order) (Hong, Loan) (Entered: 01/16/2020) (0) |
| Jan 14, 2020 | 117 | NOTICE OF VOLUNTARY DISMISSAL: Plaintiff Popsockets LLC and Defendants Quest USA Corp. and Isaac Srour hereby stipulate under Federal Rule of Civil Procedure 41(a)(l)(A)(ii) that, in accordance with a confidential settlement agreement, the above-captioned consolidated action is voluntarily dismissed without prejudice, including all claims and counterclaims. The parties have agreed that each party will bear its/their own costs and fees for this action. SO Ordered by Judge Kiyo A. Matsumoto on 1/13/2020. (Ramesar, Thameera) (Entered: 01/15/2020) (2) |
| Jan 7, 2020 | 116 | ORDER, granting 115 Motion for Release of Bond Obligation. the Court orders the release of Defendant's Bond in the amount of two-hundred fifty thousand dollars ($250,000). The Court directs the Clerk of Court to and to mail the check to: Steven M. Auvil, Squire Patton Boggs (US) LLP, 4900 Key Tower, 127 Public Square, Cleveland, Ohio 44114. (Ordered by Judge Kiyo A. Matsumoto on 1/6/2020) C/M Fwd. to Financial Dept. (Galeano, Sonia) (Entered: 01/07/2020) (1) |
| Jan 3, 2020 | 114 | NOTICE of Voluntary Dismissal by Quest USA Corp., Isaac Srour (Auvil, Steven) (Entered: 01/03/2020) (2) |
| Jan 3, 2020 | 115 | Consent MOTION for Release of Bond Obligation and Proposed Order to Release Bond by Quest USA Corp., Isaac Srour. (Auvil, Steven) (Entered: 01/03/2020) (3) |
| Dec 30, 2019 | 113 | Joint MOTION for Extension of Time to File Bond Diligence Report in Light of Settlement Discussions and Stipulation to Release Bond by Quest USA Corp., Isaac Srour. (Meckes, Joseph) (Entered: 12/30/2019) (2) |
| Dec 30, 2019 | N/A | ORDER granting 113 Motion for Extension of Time to File. In light of the parties' settlement, the court hereby grants an additional continuance, to January 10, 2020, to the extent the parties are unable to finalize a settlement and dismiss this action. The parties' shall otherwise file a joint stipulation of dismissal on or before January 10, 2020. Ordered by Judge Kiyo A. Matsumoto on 12/30/2019. (Brasky, Michael) (Entered: 12/30/2019) (0) |
| Dec 23, 2019 | 112 | Joint MOTION for Extension of Time to File Bond Diligence Report in Light of Settlement Discussions by Quest USA Corp., Isaac Srour. (Meckes, Joseph) (Entered: 12/23/2019) (2) |
| Dec 23, 2019 | N/A | ORDER granting 112 Motion for Extension of Time to File. In light of the parties "significant further progress in settlement discussions," the court hereby grants an additional one-week continuance, to December 30, 2019, of Quest USA's obligation to report its further efforts to obtain a $2 million bond. Ordered by Judge Kiyo A. Matsumoto on 12/23/2019. (Zhang, Grace) (Entered: 12/23/2019) (0) |
| Dec 16, 2019 | 111 | Joint MOTION for Extension of Time to File Bond Diligence Report in Light of Settlement Discussions by Quest USA Corp., Isaac Srour. (Meckes, Joseph) (Entered: 12/16/2019) (2) |
| Dec 16, 2019 | N/A | ORDER granting 111 Motion for Extension of Time to File. In light of the parties' progress in settlement discussions, the deadline for defendants to report further diligence in obtaining the court-ordered bond is extended by one week to December 23, 2019. The bi-weekly reporting deadlines are likewise extended by one week. Ordered by Judge Kiyo A. Matsumoto on 12/16/2019. (Brasky, Michael) (Entered: 12/16/2019) (0) |
| Dec 9, 2019 | 110 | Joint MOTION for Extension of Time to File Bond Diligence Report in Light of Settlement Discussions by Quest USA Corp., Isaac Srour. (Meckes, Joseph) (Entered: 12/09/2019) (2) |
| Dec 9, 2019 | N/A | ORDER granting 110 Motion for Extension of Time to File. In light of the parties' progress in settlement discussions, the deadline for defendants to report further diligence in obtaining the court-ordered bond is extended by one week to December 16, 2019. The bi-weekly reporting deadlines are likewise extended by one week. Ordered by Judge Kiyo A. Matsumoto on 12/9/2019. (Brasky, Michael) (Entered: 12/09/2019) (0) |
| Dec 4, 2019 | 109 | STATUS REPORT of the parties regarding settlement negotiations, per court's minute order dated November 13, 2019 by PopSockets LLC (Horton, Benjamin) (Entered: 12/04/2019) (2) |
| Dec 3, 2019 | N/A | ORDER granting 108 Motion for Extension of Time to File. In light of the parties' progress in settlement discussions, the deadline for defendants to report further diligence in obtaining the court-ordered bond is extended by one week to December 9, 2019. The bi-weekly reporting deadlines are likewise extended by one week. Ordered by Judge Kiyo A. Matsumoto on 12/3/2019. (Brasky, Michael) (Entered: 12/03/2019) (0) |
| Dec 2, 2019 | 108 | Joint MOTION for Extension of Time to File Bond Diligence Report in Light of Settlement Discussions by Quest USA Corp., Isaac Srour. (Auvil, Steven) (Entered: 12/02/2019) (2) |
| Nov 21, 2019 | 107 | Letter re: Status of Inter Partes Review by PopSockets LLC (Horton, Benjamin) (Entered: 11/21/2019) (1) |
| Nov 19, 2019 | N/A | ORDER granting 103 Motion to Redact 94 Transcript, and granting 104 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. The court is likely to limit sealing to the extent the documents are cited in or appended to future motions. Ordered by Judge Kiyo A. Matsumoto on 11/19/2019. (Brasky, Michael) (Entered: 11/19/2019) (0) |
| Nov 19, 2019 | 106 | Letter Notice re Diligence to Obtain Bond by Quest USA Corp., Isaac Srour (Attachments: # 1 Declaration of J. Srour) (Auvil, Steven) (Entered: 11/19/2019) (0) |
| Nov 18, 2019 | 104 | MOTION for Leave to Electronically File Document under Seal Quest Notice re Diligence to Obtain Bond by Quest USA Corp., Isaac Srour. (Attachments: # 1 Quest Notice re Diligence to Obtain Bond, # 2 Declaration of J. Srour ISO Quest Notice re Diligence to Obtain Bond) (Auvil, Steven) (Entered: 11/18/2019) (0) |
| Nov 15, 2019 | 102 | Letter MOTION for Leave to Electronically File Document under Seal Motion for Additional Redactions by Quest USA Corp., Isaac Srour. (Attachments: # 1 Motion for Additional Redactions, # 2 Unredacted Transcript of Oct 23 Oral Hearing, # 3 Redacted Transcript of Oct 23 Oral Hearing) (Auvil, Steven) (Entered: 11/15/2019) (0) |
| Nov 15, 2019 | N/A | ORDER granting 102 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. The court is likely to limit sealing to the extent the documents are cited in or appended to future motions. Ordered by Judge Kiyo A. Matsumoto on 11/15/2019. (Brasky, Michael) (Entered: 11/15/2019) (0) |
| Nov 15, 2019 | 103 | MOTION to Redact Transcript 94 Transcript,, Hearing of October 23, 2019 by Quest USA Corp., Isaac Srour. (Attachments: # 1 Unredacted Transcript of Oct 23 Hearing, # 2 Redacted Transcript of Oct 23 Hearing) (Auvil, Steven) (Entered: 11/15/2019) (0) |
| Nov 13, 2019 | N/A | STATUS REPORT ORDER: Counsel shall file a status letter by December 4, 2019, reporting on their efforts to settle the case. Ordered by Magistrate Judge Steven M. Gold on 11/13/2019. (Gillespie, Saudia) (Entered: 11/13/2019) (0) |
| Nov 8, 2019 | 101 | STATUS REPORT by PopSockets LLC (Horton, Benjamin) Modified on 11/14/2019 (Marziliano, August). Changed document number since I deleted a duplicate entry. (Entered: 11/08/2019) (1) |
| Nov 4, 2019 | 100 | Letter to Judge Matsumoto re: Defendants' confirmation of posting bond by PopSockets LLC (Horton, Benjamin) (Entered: 11/04/2019) (1) |
| Nov 1, 2019 | 99 | DECLARATION re Order on Motion for Leave to Electronically File Document under Seal,,,,,,,, 98 1 - Sealed Document CV,,, Declaration,, POPSOCKETS' RESPONSE TO QUEST'S RESPONSE TO ORDER TO POST BOND OR SHOW INABILITY TO DO SO by PopSockets LLC (Attachments: # 1 Declaration of Benjamin T. Horton, # 2 Exhibit 1: 2019-10-23 Hearing Trasncript, # 3 Exhibit 2: 2019-08-08 Srour Dep Transcript, # 4 Exhibit 3: QUEST00040498, # 5 Exhibit 4: QUEST00040480, # 6 Exhibit 5: Quest's Opposition to PopSockets' Motion for Prejudgment Attachment, # 7 Exhibit 6: Srour Declaration ISO Defendants' Response to Post Bond or Show Inability To Do So, # 8 Exhibit QUEST00040495) (Horton, Benjamin) (Entered: 11/01/2019) (0) |
| Oct 31, 2019 | N/A | Minute Entry and ORDER for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 10/31/2019. Appearances: Benjamin T. Horton, Esq. and David Gottlieb for plaintiff. Steven M. Auvil, Esq., Rachel Harris, Esq., Jack Srour and Sara Zetune for defendants. Defendants are ordered to post a litigation bond of no less than $250,000 by Monday, November 4, 2019. Plaintiff's counsel will update the court on the status of the bond by the close of business on Monday. Further ordered that, beginning November 18, 2019, defendants will provide the court and plaintiff with bi-weekly updates detailing defendants' diligence and efforts to secure the balance of the previously-ordered $2 million bond. As discussed on the record, the updates will also set forth the reasons given by any solicited surety/bond provider for declining to issue the requested bond. Ordered by Judge Kiyo A. Matsumoto on 10/31/2019. (Court Reporter Anthony Mancuso.) (Brasky, Michael) (Entered: 10/31/2019) (0) |
| Oct 31, 2019 | N/A | ORDER granting: 95 defendants' Motion for Leave to Electronically File Document under Seal; 96 plaintiff's Motion for Leave to Electronically File Document under Seal; and 97 plaintiff's Amended Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. The court is likely to limit sealing to the extent the documents are cited in or appended to future motions. Ordered by Judge Kiyo A. Matsumoto on 10/31/2019. (Brasky, Michael) (Entered: 10/31/2019) (0) |
| Oct 31, 2019 | 98 | DECLARATION of Jack Srour re Bond by Quest USA Corp., Isaac Srour (Attachments: # 1 Declaration of Jack Srour, # 2 Exhibit A - Bank Account, # 3 Exhibit B - Email, # 4 Exhibit C - Middlegate Statement, # 5 Exhibit D - Balance Sheet, # 6 Exhibit E - QUEST00040471, # 7 Exhibit F - Profit and Loss Statement, # 8 Exhibit G - CBP Tariffs, # 9 Exhibit H - Manufacturer Obligations, # 10 Exhibit I - Accounts Payable, # 11 Exhibit J - Minimus Invoices, # 12 Exhibit K - Rakar, # 13 Exhibit L - Legal Fees) (Auvil, Steven) (Entered: 10/31/2019) (0) |
| Oct 30, 2019 | 96 | MOTION for Leave to Electronically File Document under Seal by PopSockets LLC. (Attachments: # 1 1. PopSockets' Response to Quest's Response to Order to Post Bond or Show Inability To Do So, # 2 2. Declaration of B. Horton ISO PopSockets' Response Letter, # 3 Exhibit 1: 2019-10-23 Hearing Trasncript, # 4 Exhibit 2: 2019-08-08 Srour Dep Transcript, # 5 Exhibit 3: QUEST00040498, # 6 Exhibit 4: QUEST00040480, # 7 Exhibit 5: Quest's Opposition to PopSockets' Motion for Prejudgment Attachment, # 8 Exhibit 6: Srour Declaration ISO Defendants' Response to Post Bond or Show Inability To Do So) (Horton, Benjamin) (Entered: 10/30/2019) (0) |
| Oct 30, 2019 | 97 | Amended MOTION for Leave to Electronically File Document under Seal by PopSockets LLC. (Attachments: # 1 PopSockets' Response to Quest's Response to Order to Post Bond or Show Inability To Do So, # 2 3. Declaration of B. Horton ISO PopSockets' Response Letter, # 3 Exhibit 1: 2019-10-23 Hearing Trasncript, # 4 Exhibit 2: 2019-08-08 Srour Dep Transcript, # 5 Exhibit 3: QUEST00040498, # 6 Exhibit 4: QUEST00040480, # 7 Exhibit 5: Quest's Opposition to PopSockets' Motion for Prejudgment Attachment, # 8 Exhibit 6: Srour Declaration ISO Defendants' Response to Post Bond or Show Inability To Do So, # 9 Exhibit QUEST00040495) (Horton, Benjamin) (Entered: 10/30/2019) (0) |
| Oct 30, 2019 | N/A | ORDER Based on the submissions of the defendants (doc. 95) and the plaintiff (doc. 96) regarding the failure of the defendants to comply with the court's order to post a $2 million bond by 12:00 pm on Monday, October 28, 2019, and defense counsel's representation at the October 23, 2019 hearing that he would advise his clients not to dissipate or transfer funds, and plaintiff's assertion that defendants have, in fact, transferred over $300,000 since the October 23, 2019 hearing, the court ORDERS the parties to appear for a telephone conference tomorrow, October 31, 2019 at 11:00 am (EDT). In addition to counsel, the court ORDERS that defendants' representative(s) responsible for causing the above-mentioned transfer of funds participate on the call. Failure to appear at the telephone conference is likely to result in an order to show cause why sanctions should not be imposed. Plaintiff shall initiate the telephone call, connect defendants' counsel and the defendants' representative, and contact chambers (718-613-2180) when all required parties are on the line. The court reminds the parties to deliver two courtesy copies of their submissions to chambers.Ordered by Judge Kiyo A. Matsumoto on 10/30/2019. (Matsumoto, Kiyo) (Entered: 10/30/2019) (0) |
| Oct 28, 2019 | 95 | MOTION for Leave to Electronically File Document under Seal Regarding Court's Order of October 24, 2019 by Quest USA Corp., Isaac Srour. (Attachments: # 1 Cover Notice re Bond, # 2 Jack Srour Declaration, # 3 Exhibit A - Bank Account, # 4 Exhibit B - Email, # 5 Exhibit C - Middlegate Statement, # 6 Exhibit D - Balance Statement, # 7 Exhibit E - QUEST00040471, # 8 Exhibit F - Profit Loss Statement, # 9 Exhibit G - CBP Tariffs, # 10 Exhibit H - Manufacturer Obligations, # 11 Exhibit I - AP Open Balance, # 12 Exhibit J - Minimus Invoices, # 13 Exhibit K - Rakar, # 14 Exhibit L - SPB Fees) (Auvil, Steven) (Entered: 10/28/2019) (0) |
| Oct 28, 2019 | N/A | ORDER directing plaintiff to file a response to 95 defendants' letter re bond and financial disclosures, dated October 28, 2019. Plaintiff shall file a response no later than October 31, 2019, at 12:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 10/28/2019. (Brasky, Michael) (Entered: 10/28/2019) (0) |
| Oct 25, 2019 | 93 | Letter re Parties' Progress by Quest USA Corp., Isaac Srour (Auvil, Steven) (Entered: 10/25/2019) (2) |
| Oct 25, 2019 | 94 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10-23-19, before Judge Matsumoto. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/15/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/23/2020. (Nardone, Michele) (Entered: 10/25/2019) (0) |
| Oct 24, 2019 | N/A | ORDER granting 75 Motion to Stay; terminating 81 Motion to Dismiss without prejudice; and granting, in part, 86 Motion for Bond. For the reasons stated on the record: (1) the court grants defendants' motion to stay the case for 3 months pending inter partes review ("IPR"); (2) denies plaintiff's motion for prejudgment attachment without prejudice; and (3) grants plaintiffs' motion for a bond. Defendant Quest USA Corp. is ordered to post a bond of no less than $2 million by Monday, October 28, 2019, at 12:00 p.m. If defendants assert that raising the required bond amount by the so-ordered time is not feasible, defendants must support their contention by disclosing to the court and plaintiff the financial records discussed on the record, with citations to the relevant portions thereof. Absent such showing, the order to post bond shall be enforced as of Monday, October 28, 2019, at 12:00 p.m. The parties are further ordered to submit a joint status letter by Friday, October 25, 2019, at 12:00 p.m., setting forth the parties' progress. Further ordered that the parties shall file notice on the docket on January 30, 2020 regarding the status of the IPR petitions. Ordered by Judge Kiyo A. Matsumoto on 10/23/2019. (Brasky, Michael) (Entered: 10/24/2019) (0) |
| Oct 4, 2019 | 91 | NOTICE by Quest USA Corp., Isaac Srour re Witness and Exhibits for Hearing (Auvil, Steven) (Entered: 10/04/2019) (3) |
| Oct 4, 2019 | 92 | NOTICE by PopSockets LLC PopSockets' Exhibit List (Horton, Benjamin) (Entered: 10/04/2019) (5) |
| Oct 3, 2019 | 90 | Minute Entry: Settlement Conference held on 10/3/2019 before Magistrate Judge Steven M. Gold. Horton, with Gottlien, for plaintiff; Auvil, with Sorer and Delal, for defendant. The parties will pursue the settlement possibilities discussed today. Counsel shall submit a status report by November 8, 2019. (Gillespie, Saudia) (Entered: 10/04/2019) (1) |
| Sep 25, 2019 | 85 | MOTION for Leave to Electronically File Document under Seal by PopSockets LLC. (Attachments: # 1 Exhibit (1) Plaintiff's Motion for Bond or Prejudgment Attachment, # 2 Exhibit (2) Plaintiff's Memorandum in Support, # 3 Exhibit (3) Defendants' Memorandum in Opposition, # 4 Exhibit (4) Plaintiff's Reply Memorandum in Further Support, # 5 Exhibit No. 14 Plaintiff's Confidential Exhibits, # 6 Exhibit No. 15 Plaintiff's Confidential Exhibits, # 7 Exhibit No. 16 Plaintiff's Confidential Exhibits, # 8 Exhibit No. 18 Plaintiff's Confidential Exhibits, # 9 Exhibit No. 21 Plaintiff's Confidential Exhibits, # 10 Exhibit No. 22 Plaintiff's Confidential Exhibits, # 11 Exhibit No. 23 Plaintiff's Confidential Exhibits, # 12 Exhibit No. 24 Plaintiff's Confidential Exhibits, # 13 Exhibit No. 25 Plaintiff's Confidential Exhibits, # 14 Exhibit No. 26 Plaintiff's Confidential Exhibits, # 15 Exhibit No. 27 Plaintiff's Confidential Exhibits, # 16 Exhibit No. 28 Plaintiff's Confidential Exhibits, # 17 Exhibit No. 29 Plaintiff's Confidential Exhibits, # 18 Exhibit No. 30 Plaintiff's Confidential Exhibits, # 19 Exhibit No. 31 Plaintiff's Confidential Exhibits, # 20 Exhibit No. 32 Plaintiff's Confidential Exhibits, # 21 Exhibit No.35 Plaintiff's Confidential Exhibits, # 22 Exhibit No. 36 Plaintiff's Confidential Exhibits, # 23 Exhibit No. 37 Plaintiff's Confidential Exhibits, # 24 Exhibit No. 38 Plaintiff's Confidential Exhibits, # 25 Exhibit No. 39 Plaintiff's Confidential Exhibits, # 26 Exhibit Ex. R Defendants' Confidential Exhibits, # 27 Exhibit Ex. S Defendants' Confidential Exhibits, # 28 Exhibit Ex. T Defendants' Confidential Exhibits, # 29 Exhibit Ex. U Defendants' Confidential Exhibits, # 30 Exhibit Ex. V Defendants' Confidential Exhibits, # 31 Exhibit Ex. W Defendants' Confidential Exhibits, # 32 Exhibit Ex. X Defendants' Confidential Exhibits, # 33 Exhibit Ex. Y Defendants' Confidential Exhibits) (Horton, Benjamin) (Entered: 09/25/2019) (0) |
| Sep 25, 2019 | 86 | MOTION for Bond or Prejudgment Attachment by PopSockets LLC. (Attachments: # 1 Memorandum in Support of PopSockets' Motion for Bond or Prejudgment Attachment, # 2 Exhibit 1. USP 9,958,107, # 3 Exhibit 2. USP 10,054,259, # 4 Exhibit 3. PopSockets' Infringement Contentions, # 5 Exhibit 4. Quest's Supplemental Responses to Interrogatory No. 1, # 6 Exhibit 5. Petition, IPR2019-0106, # 7 Exhibit 6. Barnett PCT, # 8 Exhibit 7. Notice of Allowance, # 9 Exhibit 8. US 2014/0317329, # 10 Exhibit 9. CN201491236, # 11 Exhibit 10. CN101742376, # 12 Exhibit 11. General Exclusion Order, Inv. No. 337-TA-1056, # 13 Exhibit 12. CBP Ruling HQ H300761, # 14 Exhibit 13. ITC Order No. 4 Setting Target Date, # 15 Exhibit 14. Deposition Transcript, Jack Srour, # 16 Exhibit 15. Quest Email, # 17 Exhibit 16. SpoinPop Photos, # 18 Exhibit 17. Shipment Details, # 19 Exhibit 18. Quest USA Corp. Order Summary, # 20 Exhibit 19. Hong Kong Double Best registration, # 21 Exhibit 20. Victory Cove registration, # 22 Exhibit 21. Shipped Accessories, # 23 Exhibit 22. Shipped SPINPOP, # 24 Exhibit 23. Shipped Accessory, # 25 Exhibit 24. Shipped SPINPOP, # 26 Exhibit 25. Declaration of David A. Haas, # 27 Exhibit 26. Quest 2016 Profit and Loss Statement, # 28 Exhibit 27. Quests Reviewed 2017 and 2018 Financial Statements, # 29 Exhibit 28. Quest 1st Quarter 2019 Profit and Loss Statement, # 30 Exhibit 29. Quest Balance Sheet Ending March 31, 2019, # 31 Exhibit 30. Deposition Transcript, Lee Cohen, # 32 Exhibit 31. Cash Account Transaction Level Detail, # 33 Exhibit 32. Deposition Transcript, Sara Zetune, # 34 Exhibit 33. Transcript of Hearing dated 12/4/2019) (Horton, Benjamin) (Entered: 09/25/2019) (0) |
| Sep 25, 2019 | 87 | RESPONSE in Opposition re 86 MOTION for Bond or Prejudgment Attachment filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Exhibit A Vallee Declaration ISO Opposition to Attachment, # 2 Exhibit B IPR2018-01294 Paper 17 Patent Owners Response Redacted, # 3 Exhibit C IPR2018-01294 Ex 2018 James Babcock Declaration, # 4 Exhibit D IPR2019-01067 Paper 8 Patent Owners Preliminary Response, # 5 Exhibit E Initial Infringement Contentions, # 6 Exhibit F IPR2018-00497 Paper 6 PO Preliminary Response, # 7 Exhibit G IPR2019-01067 Petition, # 8 Exhibit H IPR2019-01067 Ex. 1007 Vallee Declaration, # 9 Exhibit I IPR2019-01364 Petition, # 10 Exhibit J IPR2019-01364 Ex. 1007 Vallee Declaration, # 11 Exhibit K IPR2018-00497 Paper 59 FWD, # 12 Exhibit L Ex. 1008 WO2013138500A1 (Barnett PCT), # 13 Exhibit M Ex. 1009 US61375096 (Karmatz Provisional), # 14 Exhibit N Ex. 1002 US15803410 (the 410 application), # 15 Exhibit O Ex. 1014 CN101742376A (Chen 376) Certified Translation, # 16 Exhibit P Quest Submission on Remedy, # 17 Exhibit Q Auvil Decl. ISO Opp, # 18 Exhibit R IS 2018(QUEST00040469) (Filed Under Seal), # 19 Exhibit S IS -2017(QUEST00040468) (Filed Under Seal), # 20 Exhibit T LMC000297 (Filed Under Seal), # 21 Exhibit U IS Jan March 2019(QUEST00040470) (Filed Under Seal), # 22 Exhibit V SaraZetune_PDFTran (Filed Under Seal), # 23 Exhibit W QUEST00036208 (Filed Under Seal), # 24 Exhibit X Accrued Commission Accounts(QUEST00040479) (Filed Under Seal), # 25 Exhibit Y PopSockets v. Quest Declaration of Andrew W. Carter 9.11.19 (Filed Under Seal), # 26 Exhibit Z Supp Infringement Contentions) (Auvil, Steven) (Entered: 09/25/2019) (0) |
| Sep 25, 2019 | 88 | REPLY in Support re 86 MOTION for Bond or Prejudgment Attachment filed by PopSockets LLC. (Attachments: # 1 Exhibit 35. Aug. 27, 2019 Email, # 2 Exhibit 36. Quest Balance Sheet dated March 31, 2019, # 3 Exhibit 37. PopSockets Letter Requesting Tax Returns, # 4 Exhibit 38. OUII Brief, # 5 Exhibit 39. Jack Srour errata Sheet) (Horton, Benjamin) (Entered: 09/25/2019) (0) |
| Sep 25, 2019 | 89 | EXHIBIT 34 to PopSockets' Reply in Support of PopSockets' Motion for Prejudgment Attachment or Bond by PopSockets LLC. Related document: 88 Reply in Support, filed by PopSockets LLC. (Horton, Benjamin) (Entered: 09/25/2019) (30) |
| Aug 28, 2019 | N/A | SCHEDULING ORDER: A SETTLEMENT CONFERENCE WILL BE HELD ON OCTOBER 3, 2019 AT 2:00 P.M. The parties shall be prepared (1) to state their respective positions on settlement, with principals WITH FULL SETTLEMENT DECISION-MAKING AUTHORITY (UP TO THE AMOUNT LAST DEMANDED FOR DEFENDANTS, DOWN TO THE AMOUNT LAST OFFERED FOR PLAINTIFFS) PRESENT OR AVAILABLE BY TELEPHONE THROUGHOUT THE CONFERENCE, (2) to articulate the basis for any anticipated summary judgment motions and to be familiar with any premotion conference procedures required by the district judge presiding over the case, and (3) to state whether they will agree to assignment of this case to a magistrate judge for all purposes, including jury trial and entry of final judgment. The parties shall, by September 26, 2019 provide the Court with mediation statements, which may be submitted ex parte by email to gold_chambers@nyed.uscourts.gov (note that there is an underlined space between gold and chambers). Ordered by Magistrate Judge Steven M. Gold on 8/28/2019. (Gillespie, Saudia) (Entered: 08/28/2019) (0) |
| Aug 22, 2019 | 84 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11784166. by Quest USA Corp.. (Attachments: # 1 Affidavit in Support) (Meckes, Joseph) (Entered: 08/22/2019) (0) |
| Aug 22, 2019 | N/A | ORDER: Granting 84 Motion for Leave to Appear Pro Hac Vice. Attorney Joseph A. Meckes shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven M. Gold on 8/22/2019. (Gillespie, Saudia) (Entered: 08/22/2019) (0) |
| Aug 16, 2019 | 81 | MOTION to Dismiss Count III and Strike the Eleventh Affirmative Defense of Defendant Quest USA Corp.'s Amended Counterclaim by PopSockets LLC. (Attachments: # 1 Memorandum in Support of Its Motion to Dismiss Count III and Strike the Eleventh Affirmative Defense of Defendant's Amended Counterclaim, # 2 Declaration of Benjamin T. Horton, # 3 Exhibit 1 - Excerpts from the deposition transcript of Molly Hobbs, dated 11/16/18 REDACTED, # 4 Exhibit 2 - Portions of PopSockets' Objections and Responses to Defendant's First Set of Interrogatories to Plaintiff (Nos. 1-7), # 5 Exhibit 3 - Verification of PopSockets LLC's Responses to Interrogatories No. 1-7 and Supplemental Response to Interrogatory No. 3, # 6 Exhibit 4 - PopSockets' Request to Correct Inventorship, # 7 Exhibit 5 - Notice of Acceptance of Request, # 8 Exhibit 6 - Order by Judge Moore of the Dist. Court of Colorado in Jennifer Bales v. Quest USA Corp., Case No. 1:18-cv-00222-RM, dated 4/2/19, # 9 Exhibit 7 - Portions of the transcript of the 12/4/18 Hearing) (Horton, Benjamin) (Entered: 08/16/2019) (0) |
| Aug 16, 2019 | 82 | RESPONSE in Opposition re 81 MOTION to Dismiss Count III and Strike the Eleventh Affirmative Defense of Defendant Quest USA Corp.'s Amended Counterclaim filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Declaration of Steven M. Auvil, # 2 Auvil Exhibit A - Bales Motion to Quash) (Auvil, Steven) (Entered: 08/16/2019) (0) |
| Aug 16, 2019 | N/A | ORDER: The court adopts the parties' proposed filing deadline for their respective witness and exhibit lists in advance of the October 23, 2019, hearing. The parties shall file their respective submissions by October 4, 2019. Ordered by Judge Kiyo A. Matsumoto on 8/16/2019. (Mazzurco, Vincent) (Entered: 08/16/2019) (0) |
| Aug 16, 2019 | 83 | REPLY in Support re 81 MOTION to Dismiss Count III and Strike the Eleventh Affirmative Defense of Defendant Quest USA Corp.'s Amended Counterclaim filed by PopSockets LLC. (Horton, Benjamin) (Entered: 08/16/2019) (11) |
| Aug 1, 2019 | 80 | Letter Joint Letter to Judge Matsumoto responding to Court's Minute Order dated July 22, 2019; parties intend to present additional evidence re: Plaintiff's motion for attachment/bond and Defendants' motion to stay by PopSockets LLC (Horton, Benjamin) (Entered: 08/01/2019) (2) |
| Jul 30, 2019 | N/A | ORDER: The court adopts defendant Quest's proposed briefing schedule for plaintiff Popsockets' proposed motion to attach. Plaintiff shall serve its motion by August 21, 2019; defendants shall file their opposition by September 11, 2019; plaintff shall reply by September 25, 2019. Also on September 25, 2019, the parties shall file via ECF the fully-briefed papers, in the order served, and serve two courtesy copies on Chambers. Accordingly, the oral argument scheduled for September 3, 2019, is adjourned to October 23, 2019, at 12 p.m. in Courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 7/30/2019. (Mazzurco, Vincent) (Entered: 07/30/2019) (0) |
| Jul 29, 2019 | 79 | Minute Entry: Telephone Conference held on 7/29/2019 before Magistrate Judge Steven M. Gold. Horton for plaintiff, Harris for defendants. Counsel report that the additional discovery they require is underway and proceeding without dispute. The parties' counter-proposals for briefing plaintiff's motion for prejudgment attachment or a bond, set forth in their joint letter of July 24, 2019, will be addressed by US District Judge Matsumoto. The parties are encouraged to contemplate settlement and to contact my chambers if they believe a settlement conference might be productive. (Gillespie, Saudia) (Entered: 07/30/2019) (1) |
| Jul 24, 2019 | 78 | Letter Joint Letter to Judges Gold and Matsumoto re: Status Hearing by PopSockets LLC (Horton, Benjamin) (Entered: 07/24/2019) (3) |
| Jul 22, 2019 | 75 | MOTION to Stay Pending IPR Proceedings by Quest USA Corp., Isaac Srour. (Attachments: # 1 Declaration of Steven M. Auvil, # 2 Ex. A - IPR2019-01067 Petition, # 3 Ex. B - USPTO Statistics, # 4 Ex. C - ThinkProducts Order, # 5 Ex. D - SpinPop Product Price, # 6 Ex. E - PopSockets Product Price) (Auvil, Steven) (Entered: 07/22/2019) (0) |
| Jul 22, 2019 | 76 | RESPONSE in Opposition re 75 MOTION to Stay Pending IPR Proceedings Plaintiff's Opposition to Defendants' Motion for Stay filed by PopSockets LLC. (Horton, Benjamin) (Entered: 07/22/2019) (15) |
| Jul 22, 2019 | 77 | REPLY in Support of Motion to Stay Pending IPR Proceedings filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Ex. A - IPR2019-01364 Petition) (Auvil, Steven) (Entered: 07/22/2019) (0) |
| Jul 22, 2019 | N/A | ORDER: In light of the parties' completed briefing as to defendants' motion to stay, and the anticipated briefing on plaintiff's motion for attachment, the court adjourns the Markman hearing scheduled for July 25, 2019, sine die, until the pending motions are resolved. The parties shall appear for oral argument on defendants' motion to stay and plaintiff's motion to attach on September 3, 2019, at 10 a.m. in Courtroom 6C South before Judge Matsumoto. By August 1, 2019, the parties shall inform the court by joint letter whether they anticipate presenting further evidence in support of their respective motions at the September 3, 2019 appearance. If so, the parties shall then submit a witness and exhibit list as to each motion by August 16, 2019. Finally, plaintiff shall ensure its motion for attachment justifies a specific amount for the bond it seeks. Ordered by Judge Kiyo A. Matsumoto on 7/22/2019. (Mazzurco, Vincent) (Entered: 07/22/2019) (0) |
| Jul 12, 2019 | N/A | ORDER granting in part and denying in part 74 Motion for Pre-Motion Conference. The court will not hold a pre-motion conference, but adopts the briefing schedule and page limits proposed by defendant Quest. The court orders the following schedule: defendant Quest shall serve its motion by July 15, 2019; plaintiff PopSockets shall serve its opposition by July 19, 2019; and defendant Quest shall serve its reply by July 22, 2019. On July 22, 2019, the parties shall upload their motion papers via ECF in chronological order and send two courtesy copies of all papers to chamber. Ordered by Judge Kiyo A. Matsumoto on 7/12/2019. (Spriggs, Steven) (Entered: 07/12/2019) (0) |
| Jul 11, 2019 | 74 | Joint MOTION for pre motion conference Regarding Briefing Schedule for Motion to Stay by Quest USA Corp., Isaac Srour. (Auvil, Steven) (Entered: 07/11/2019) (2) |
| Jul 10, 2019 | 69 | TRANSCRIPT of Proceedings held on May 22, 2019, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/31/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/8/2019. (Hong, Loan) (Entered: 07/10/2019) (11) |
| Jul 10, 2019 | 70 | MEMORANDUM in Support Plaintiff PopSockets' Opening Claim Construction Brief re: U.S. Patent No. 10,054,259 filed by PopSockets LLC. (Attachments: # 1 Exhibit C: USP 10,054,259, # 2 Exhibit D: '259 File History) (Horton, Benjamin) (Entered: 07/10/2019) (0) |
| Jul 10, 2019 | 71 | MEMORANDUM in Support Defendants' Responsive Claim Construction Brief re US10054259 filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Exhibit K - US10054259, # 2 Exhibit L - Vallee Declaration, # 3 Exhibit M - 62376237, # 4 Exhibit N - 15615900, # 5 Exhibit O - US20130126691 - Miklas, # 6 Exhibit P - Websters Third International, # 7 Exhibit Q - Merriam Webster) (Auvil, Steven) (Entered: 07/10/2019) (0) |
| Jul 10, 2019 | 72 | REPLY in Support Plaintiff's Reply re: Claim Construction of U.S. Patent No. 10,054,259 filed by PopSockets LLC. (Attachments: # 1 Exhibit C: Hobbs et al., USP 10,054,259, # 2 Exhibit D: '259 File History, # 3 Exhibit E: Declaration of Dr. Barry Kudrowitz in Support of Plaintiff's Reply Claim Construction Brief, # 4 Exhibit F: Declaration of Glenn Vallee (1/15/18), # 5 Exhibit G: Declaration of Glenn Vallee (1/18/19), # 6 Exhibit H: Quest's Initial Invalidity Contentions re '259 Patent, # 7 Exhibit I: Customs and Border Protection Ruling HQ H300761, # 8 Exhibit J: Second Declaration of Glenn Vallee (6/10/19), # 9 Exhibit K: Provisional Application 62/376,237, # 10 Exhibit L: Barnett et al., USP 8,560,031) (Horton, Benjamin) (Entered: 07/10/2019) (0) |
| Jul 10, 2019 | 73 | MEMORANDUM in Support Defendants' Sur-Reply Claim Construction Brief filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Exhibit R - Vallee 3d Declaration) (Auvil, Steven) (Entered: 07/10/2019) (0) |
| Jul 9, 2019 | N/A | Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 7/9/2019. Appearances: for plaintiff, Benjamin Horton, Esq.; for defendants: Steven Auvil, Esq. and Rachel Harris, Esq. Discussions were held on a variety of topics, including plaintiff's anticipated motions for pre-judgment attachment and to dismiss Count III of defendants' amended counterclaims. The parties indicated they are abiding by a briefing schedule set by Judge Gold for the former. As to plaintiff's motion to dismiss Count III of defendant's amended counterclaims, the court ordered that plaintiff shall serve its motion by July 23, 2019; defendants shall serve their opposition by August 9, 2019; and plaintiff shall serve its reply by August 16, 2019. Also by August 16, 2019, the parties shall file on ECF their respective motion papers in the order served, and deliver two courtesy copies to Chambers. As to plaintiff's motion for pre-judgment attachment, the schedule ordered by Judge Gold required plaintiff to serve its motion by July 26, 2019, however the parties indicated some need for modification of this schedule. The court ordered the parties to make an application to both the undersigned and Judge Gold if the schedule modification for plaintiff's anticipated motion for pre-judgment attachment involves discovery issues. Otherwise, the court expects the motion for attachment to be fully briefed by August 16, 2019. The parties shall similarly follow the courts' Chambers practices as to filing and serving courtesy copies. The court reminded the parties to serve on Chambers two courtesy copies of their respective claim construction briefs. Defendants represented they intend to both request inter partes review ("IPR") of the '259 Patent, and accordingly to request a stay in this case. The court permitted defendant to move for a stay, so long as the motion was fully briefed prior to the already scheduled July 25, 2019 Markman hearing in this case. The court, however, made clear that it was disinclined to grant a stay in light of the substantial expenditures and efforts by the parties leading up to the half-day Markman hearing. The court also questioned whether it would be a waste of judicial and client resources for the court to construe claim terms for a patent that may be found invalid by the Patent and Trial Appeal Board on IPR. Finally, the parties indicated they did not believe it necessary to further amend their respective pleadings in either this case (Popsockets II) or 18-CV-5546 (Popsockets III) to finalize their intended consolidation. The court will adopt the parties' stipulated parameters for the consolidated case as outlined in their recent joint submission. (ECF No. 67 .) (Court Reporter Frisolone, Anthony) (Mazzurco, Vincent) (Entered: 07/09/2019) (0) |
| Jun 28, 2019 | 66 | Letter MOTION to Adjourn Conference by Quest USA Corp., Isaac Srour. (Auvil, Steven) (Entered: 06/28/2019) (2) |
| Jun 28, 2019 | 67 | Letter Joint Letter to Judge Matsumoto re: Consolidation Parameters by PopSockets LLC (Horton, Benjamin) (Entered: 06/28/2019) (2) |
| Jun 28, 2019 | N/A | SCHEDULING ORDER: In light of the parties' submission, the pre-motion conference is adjourned to Tuesday, July 9, 2019 at 11 a.m. Ordered by Judge Kiyo A. Matsumoto on 6/28/2019. (Mazzurco, Vincent) (Entered: 06/28/2019) (0) |
| Jun 28, 2019 | N/A | ORDER denying 63 Motion for Leave to Electronically File Document under Seal. Upon review of defendants' proposed amended counterclaims, the court finds plaintiff's proposed redactions are not necessary and that the document, along with all proposed attachments, shall be filed on the public docket or not at all. Ordered by Judge Kiyo A. Matsumoto on 6/28/2019. (Mazzurco, Vincent) (Entered: 06/28/2019) (0) |
| Jun 28, 2019 | 68 | AMENDED COUNTERCLAIM Inequitable Conduct and Unenforceability against PopSockets LLC, filed by Isaac Srour, Quest USA Corp.. (Attachments: # 1 Exhibit A - David Barnett Articles, # 2 Exhibit B - PopSockets ROG Responses, # 3 Exhibit C - PopSockets Supplemental RFP Responses) (Dutra, Jeremy) (Entered: 06/28/2019) (0) |
| Jun 27, 2019 | N/A | ORDER: Due to a conflict, the 6/28/19 Telephone PreMotion Conference has been adjourned until 7/1/2019 12:00 noon before Judge Kiyo A. Matsumoto.Ordered by Judge Kiyo A. Matsumoto on 6/27/2019. (Williams-Jackson, Sandra) (Entered: 06/27/2019) (0) |
| Jun 24, 2019 | N/A | SCHEDULING ORDER: The Pre-Motion Conference previously scheduled for June 25, 2019 is adjourned to Friday, June 28, 2019, at 11:00 a.m. Ordered by Judge Kiyo A. Matsumoto on 6/24/2019. (Mazzurco, Vincent) (Entered: 06/24/2019) (0) |
| Jun 24, 2019 | 63 | Letter MOTION for Leave to Electronically File Document under Seal Amended Counterclaims by Quest USA Corp., Isaac Srour. (Attachments: # 1 Exhibit 1 - Original Amended Counterclaims, # 2 Exhibit 2 - PopSockets Proposed Redactions to Amended Counterclaims) (Dutra, Jeremy) (Entered: 06/24/2019) (0) |
| Jun 24, 2019 | 64 | Letter MOTION for pre motion conference RESPONSE to Letter MOTION for Pre-Motion Conference regarding Motion to Dismiss Amended Counterclaims by Quest USA Corp., Isaac Srour. (Dutra, Jeremy) (Entered: 06/24/2019) (0) |
| Jun 24, 2019 | 65 | Letter MOTION for pre motion conference REDACTED RESPONSE to Letter MOTION for Pre-Motion Conference regarding Motion to Dismiss Amended Counterclaims by Quest USA Corp., Isaac Srour. (Dutra, Jeremy) (Entered: 06/24/2019) (4) |
| Jun 21, 2019 | N/A | ORDER granting 60 Motion for Pre Motion Conference. Telephonic Pre Motion Hearing set for 6/25/2019 at 12:00 p.m. before Judge Kiyo A. Matsumoto. The court will hear from the parties regarding plaintiff's anticipated motion to dismiss Count III of defendants' amended counterclaims and its motion for attachment. Further, the court will discuss with the parties their progress in consolidating this action and a related action and the parties anticipated inter partes review. The parties will arrange a conference call and, once all parties are on the line, dial in to Chambers (718 613 2180). Ordered by Judge Kiyo A. Matsumoto on 6/21/2019. (Mazzurco, Vincent) (Entered: 06/21/2019) (0) |
| Jun 20, 2019 | N/A | ORDER granting 62 Motion for Leave to Electronically File Document under Seal. Counsel shall also file a redacted version of is request for a pre-motion conference to the public docket. Ordered by Judge Kiyo A. Matsumoto on 6/20/2019. (Mazzurco, Vincent) (Entered: 06/20/2019) (0) |
| Jun 19, 2019 | N/A | ORDER granting 59 Motion for Leave to Electronically File Document under Seal. In ruling on defendants' motion for leave to electronically file documents under seal related to their Amended Counterclaims, (see Docket Order dated June 18, 2019), the court mistakenly referred to plaintiff's request to electronically file documents under seal in connection with its request for a pre-motion conference. That is, the court's previous decision denying leave to defendants should refer back to ECF No. 57 , defendants' Amended Counterclaims, not ECF No. 59 , plaintiff's motion. Thus, 59 plaintiff's motion for leave is GRANTED; 57 defendants' motion for leave is DENIED as explained in the court's prior order. Plaintiff shall file a redacted version of its request for a pre-motion conference along with placeholder exhibits for the three exhibits attached to 59 . Plaintiff shall then file under seal unredacted copies of its request as a letter (not a motion), along with the original exhibits attached to 59 . Ordered by Judge Kiyo A. Matsumoto on 6/19/2019. (Mazzurco, Vincent) (Entered: 06/19/2019) (0) |
| Jun 19, 2019 | 60 | MOTION for pre motion conference by PopSockets LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Horton, Benjamin) (Entered: 06/19/2019) (0) |
| Jun 19, 2019 | 61 | MOTION for pre motion conference re Order on Motion for Leave to Electronically File Document under Seal,,,, 60 MOTION for pre motion conference by PopSockets LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Horton, Benjamin) (Entered: 06/19/2019) (0) |
| Jun 19, 2019 | 62 | Letter MOTION for Leave to Electronically File Document under Seal Quest Response to Ltr Motion for Pre-Motion Conference re Proposed Motion to Dismiss Amended Counterclaims by Quest USA Corp., Isaac Srour. (Attachments: # 1 Quest Response to Ltr Motion for Pre-Motion Conference re Proposed Motion to Dismiss Amended Counterclaims) (Dutra, Jeremy) (Entered: 06/19/2019) (0) |
| Jun 18, 2019 | N/A | ORDER: Defendants are invited to respond to plaintiff's request for a pre-motion conference in connection with its anticipated motion to dismiss Count III of defendants' Amended Counterclaims by June 20, 2019. Otherwise, the court will treat the request as unopposed and will likely schedule a pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 6/18/2019. (Mazzurco, Vincent) (Entered: 06/18/2019) (0) |
| Jun 18, 2019 | N/A | ORDER denying 59 Motion for Leave to Electronically File Document under Seal. The court declines to permit defendants to file their Amended Counterclaims entirely under seal. Defendants shall meet and confer with plaintiff to propose a redacted version of defendants' Amended Counterclaims that may be filed to the public docket. Defendants should then attach this proposed redacted version to its renewed letter motion to seal, along with the original version. Furthermore, defendants may not file Exhibit A to this letter motion under seal, as it appears the document is entirely a collection of excerpts of articles and other publicly available documents. Exhibits B and C appear to be discovery responses in this action, and the court will generally permit these documents to be filed under seal, unless the parties can agree to proposed redactions that would facilitate the documents filing on the public docket. The parties shall meet and confer as ordered and defendants shall refile their letter motion to seal by June 24, 2019. Ordered by Judge Kiyo A. Matsumoto on 6/18/2019. (Mazzurco, Vincent) (Entered: 06/18/2019) (0) |
| Jun 14, 2019 | 59 | MOTION for Leave to Electronically File Document under Seal On behalf of Plaintiff PopSockets LLC (PopSockets), pursuant to Local Rule 7.1(d) and Rule IV.B of Your Honors Individual Practices, we respectfully submit this letter to request a pre-motion conference in connection with PopSockets anticipated Motion to Dismiss Count III of Defendants Quest USA Corp. and Issac Srour's (collectively Quest) Amended Counterclaims, for a Declaratory Judgment of Unenforceability. by PopSockets LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Horton, Benjamin) (Entered: 06/14/2019) (0) |
| Jun 5, 2019 | 58 | Letter to Judge Gold re: consent to appear before Your Honor for Plaintiff PopSockets' Motion for Prejudgment Attachment or Bond by PopSockets LLC (Horton, Benjamin) (Entered: 06/05/2019) (2) |
| May 31, 2019 | 57 | Letter MOTION for Leave to Electronically File Document under Seal by Quest USA Corp., Isaac Srour. (Attachments: # 1 Amended Counterclaims, # 2 Exhibit A - Filed Under Seal, # 3 Exhibit B - Filed Under Seal, # 4 Exhibit C - Filed Under Seal) (Auvil, Steven) (Entered: 05/31/2019) (0) |
| May 22, 2019 | 56 | Minute Entry: Telephone Conference held on 5/22/2019 before Magistrate Judge Steven M. Gold. Horton, Lucas and Rachman for plaintiff; Harris and Auvil for defendants. (1) The parties will submit a joint letter indicating whether they will consent to have plaintiff's anticipated motion decided by the undersigned Magistrate Judge; (2) Plaintiff may serve discovery demands as discussed during today's conference by June 5, 2019, and defendant Quest will respond to the demands by July 8, 2019; (3) Plaintiff may serve its motion on defendant by July 26, defendant may serve its opposition by August 9, and plaintiff may serve a reply by August 16. All motion papers may be filed with the Court once the motion has been fully briefed. (FTR Log #2:31-2:46.) (Gillespie, Saudia) (Entered: 05/23/2019) (1) |
| May 14, 2019 | N/A | SCHEDULING ORDER: A telephone conference will be held at 2:30 p.m. on May 22, 2019 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 5/14/2019. (Gillespie, Saudia) (Entered: 05/14/2019) (0) |
| May 9, 2019 | N/A | ORDER: By June 28, 2019, the parties shall inform the court of the parameters of their agreement to consolidate certain claims from the related patent infringement case (Dkt. No. 18-CV-5546) with this case. Ordered by Judge Kiyo A. Matsumoto on 5/9/2019. (Mazzurco, Vincent) (Entered: 05/09/2019) (0) |
| May 8, 2019 | 54 | NOTICE by Quest USA Corp., Isaac Srour Filing of Petition for Inter Partes Review of US 9,958,107 (Auvil, Steven) (Entered: 05/08/2019) (3) |
| May 8, 2019 | 55 | Letter Joint letter to the Court in response to May 6, 2019 order by PopSockets LLC (Horton, Benjamin) (Entered: 05/08/2019) (3) |
| May 6, 2019 | N/A | ORDER: Granting 53 Motion for Leave to Appear Pro Hac Vice. Attorney John J. Lucas shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 5/6/2019. (Gillespie, Saudia) (Entered: 05/06/2019) (0) |
| May 6, 2019 | N/A | SCHEDULING ORDER: The court adjourned the originally scheduled Markman hearing in this matter to facilitate the parties' consolidation of two related matters. In its March 29, 2019 Order scheduling the consolidated hearing, the court did not expressly set a briefing schedule, though the parties 46 proposed one. If the parties proceeded with their proposed briefing schedule the court will adopt the schedule nunc pro tunc. However, if the parties have so far not adhered to their proposed schedule, they may propose a revised briefing schedule and the court will adopt it. The parties shall inform the court in either case no later than May 8, 2019 by joint letter submission. Additionally, the parties shall inform the court as to their efforts to consolidate the matters and defendants' proposed motion to dismiss the amended complaint in 18-CV-5546. Ordered by Judge Kiyo A. Matsumoto on 5/6/2019. (Mazzurco, Vincent) (Entered: 05/06/2019) (0) |
| May 3, 2019 | N/A | ORDER: Granting 52 Motion for Leave to Appear Pro Hac Vice. Attorney Michael R. Weiner shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 5/3/2019. (Gillespie, Saudia) (Entered: 05/03/2019) (0) |
| May 3, 2019 | 53 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11448802. by PopSockets LLC. (Attachments: # 1 Affidavit) (Lucas, John) (Entered: 05/03/2019) (0) |
| May 2, 2019 | 52 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11444758. by PopSockets LLC. (Attachments: # 1 Affidavit) (Weiner, Michael) (Entered: 05/02/2019) (0) |
| Apr 29, 2019 | N/A | ORDER: Granting 50 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Steven M. Gold on 4/29/2019. (Gillespie, Saudia) (Entered: 04/29/2019) (0) |
| Apr 26, 2019 | 50 | MOTION for Leave to Electronically File Document under Seal by Quest USA Corp., Isaac Srour. (Attachments: # 1 Exhibit Response to Letter re: Pre-Motion Conference, # 2 Exhibit Exhibit A - Quest Supp Resp to 1st Rogs, # 3 Exhibit Exhibit B - Quest Invalidity Contentions, # 4 Exhibit Exhibit C - Transcript, # 5 Exhibit Exhibit D - Request for Administrative Ruling) (Auvil, Steven) (Entered: 04/26/2019) (0) |
| Apr 19, 2019 | 49 | Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Letter Motion re Anticipated Motion for Prejudgment Attachment or Bond by Quest USA Corp., Isaac Srour. (Auvil, Steven) (Entered: 04/19/2019) (3) |
| Apr 19, 2019 | N/A | ORDER granting 49 Motion for Extension of Time to File Response/Reply. Ordered by Magistrate Judge Steven M. Gold on 4/19/2019. (Gold, Steven) (Entered: 04/19/2019) (0) |
| Apr 18, 2019 | N/A | ORDER: Granting 47 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Steven M. Gold on 4/18/2019. (Gillespie, Saudia) (Entered: 04/18/2019) (0) |
| Apr 17, 2019 | 47 | MOTION for Leave to Electronically File Document under Seal by PopSockets LLC. (Attachments: # 1 Exhibit Letter Motion re Anticipated Motion for Prejudgment Attachment or Bond, # 2 Exhibit F - "Confidential", # 3 Exhibit I - "Confidential", # 4 Exhibit J - "Confidential", # 5 Exhibit K - "Confidential", # 6 Exhibit L -"Confidential", # 7 Exhibit M - "Confidential) (Rachman, Marc) (Entered: 04/17/2019) (0) |
| Mar 29, 2019 | 46 | Letter regarding Claim Construction and Markman Hearing Scheduling by PopSockets LLC (Horton, Benjamin) (Entered: 03/29/2019) (3) |
| Mar 29, 2019 | N/A | ORDER: The Markman hearing to accommodate consolidation of PopSockets' infringement counts, and related counterclaims and defenses, from Quest II in 18cv2584KAM-SMG and Quest III in 18cv5546KAM-SMG has been scheduled for July 25, 2019 at 10:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 3/29/2019. (Williams-Jackson, Sandra) (Entered: 03/29/2019) (0) |
| Mar 27, 2019 | 45 | NOTICE by Quest USA Corp., Isaac Srour Joint Letter Regarding Consolidation of Actions (Auvil, Steven) (Entered: 03/27/2019) (2) |
| Mar 27, 2019 | N/A | ORDER: The court has reviewed 45 the parties' joint submission. The court is able to accommodate an adjournment of the scheduled Markman hearing in this matter and can offer the parties' a hearing date in late July. A single claim construction hearing of the consolidated matters would preserve judicial resources as well as the parties' resources. The parties are to confer once more and inform the court by March 29, 2019, of their availability, and amenability, to adjourn the April 10, 2019 hearing to a date the week of July 22, 2019. Ordered by Judge Kiyo A. Matsumoto on 3/27/2019. (Mazzurco, Vincent) (Entered: 03/27/2019) (0) |
| Mar 8, 2019 | 41 | MEMORANDUM in Support Plaintiff PopSockets' Opening Claim Construction Brief filed by PopSockets LLC. (Attachments: # 1 Exhibit A: '107 Patent, # 2 Exhibit B: '107 File History) (Horton, Benjamin) (Entered: 03/08/2019) (0) |
| Mar 8, 2019 | 42 | MEMORANDUM in Support :Defendants' Responsive Claim Construction Brief filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Ex. A US9958107, # 2 Ex. B US8560031, # 3 Ex. C IPR2018-00497 06 PO Prelim Resp, # 4 Ex. D McGraw, # 5 Ex. E Webster, # 6 Ex. F POPQU1539-51, # 7 Declaration of Dr. Vallee) (Auvil, Steven) (Entered: 03/08/2019) (0) |
| Mar 8, 2019 | 43 | MEMORANDUM in Support Plaintiff's Reply to Defendants' Responsive Claim Construction Brief filed by PopSockets LLC. (Attachments: # 1 Declaration of Dr. Barry Kudrowitz in Support of Plaintiff's Reply Claim Construction Brief) (Horton, Benjamin) (Entered: 03/08/2019) (0) |
| Mar 8, 2019 | 44 | MEMORANDUM in Support Defendants' Claim Construction Sur-Reply filed by Quest USA Corp., Isaac Srour. (Attachments: # 1 Ex. G Invalidity Contentions, # 2 Ex. H Defendants' ID of Terms, # 3 Ex. I 02 IPR2018-00497 Petition, # 4 Ex. J US9970589) (Auvil, Steven) (Entered: 03/08/2019) (0) |
| Feb 21, 2019 | 40 | TRANSCRIPT of Proceedings held on December 4, 2018, before Judge Gold. Court Transcriber: Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/14/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/22/2019. (Rocco, Christine) (Entered: 02/21/2019) (53) |
| Feb 12, 2019 | N/A | ORDER: Granting 39 Motion for Leave to Appear Pro Hac Vice. Attorney David shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 2/12/2019. (Gillespie, Saudia) (Entered: 02/12/2019) (0) |
| Feb 11, 2019 | 39 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11188954. by Quest USA Corp., Isaac Srour. (Attachments: # 1 Affidavit of D. Prueter) (Prueter, David) (Entered: 02/11/2019) (0) |
| Jan 16, 2019 | N/A | SCHEDULING ORDER: The parties' 38 request for a Markman hearing is granted. The court will hold a claim construction hearing on Wednesday, April 10, 2019 at 9:30 a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto and in accordance with the time and manner restrictions the parties agreed to. The court adopts the parties' proposed briefing schedule: defendants' response brief due by January 18, 2019; plaintiff's reply brief due by February 15, 2019; and plaintiff's surreply due by March 8, 2019. On the date the surreply is served, the parties shall upload their papers to ECF in the order served, and shall serve two courtesy copies on chambers. Ordered by Judge Kiyo A. Matsumoto on 1/16/2019. (Mazzurco, Vincent) (Entered: 01/16/2019) (0) |
| Jan 3, 2019 | 38 | Letter to Judge Matsumoto regarding Claim Construction and Markman Hearing Scheduling by PopSockets LLC (Horton, Benjamin) (Entered: 01/03/2019) (2) |
| Dec 19, 2018 | 37 | Letter to Judge Gold regarding settlement discussions by PopSockets LLC (Horton, Benjamin) (Entered: 12/19/2018) (1) |
| Dec 19, 2018 | N/A | ORDER: The court will not refer claim construction to Magistrate Judge Gold unless the parties agree to consent to Judge Gold's jurisdiction for purposes of claim construction or for the entire case. Otherwise, the parties should confer and contact the undersigned to discuss dates for a Markman hearing to be held before Judge Matsumoto. In the meantime, the parties should continue good faith settlement negotiations and, if necessary, call upon Magistrate Judge Gold to facilitate negotiations. Ordered by Judge Kiyo A. Matsumoto on 12/19/2018. (Mazzurco, Vincent) (Entered: 12/19/2018) (0) |
| Dec 14, 2018 | 36 | MEMORANDUM in Support re 30 Notice(Other) Plaintiff's Opening Claim Construction Brief filed by PopSockets LLC. (Attachments: # 1 Exhibit A: '107 Patent, # 2 Exhibit B: '107 File History) (Horton, Benjamin) (Entered: 12/14/2018) (0) |
| Dec 11, 2018 | 35 | Letter Joint Letter regarding proposed referral to Magistrate Judge Gold for Claim Construction by PopSockets LLC (Attachments: # 1 Exhibit A: December 4, 2018 hearing transcript) (Horton, Benjamin) (Entered: 12/11/2018) (0) |
| Dec 4, 2018 | 34 | Minute Entry: Status Conference held on 12/4/2018 before Magistrate Judge Steven M. Gold. Horton and Rachman for plaintiff; Auvil and Harris for defendants. Various case management matters discussed on the record. (1) The parties are urged to consider promptly whether they will consent to reassignment of this case to a magistrate judge for all purposes. If they decline to consent, they shall, as discussed on the record today, submit a letter to United States District Judge Matsumoto asking that claim construction be referred for report and recommendation, and shall submit that letter by December 11, 2018. (2) Counsel will submit a joint letter reporting on the status of their efforts to reach a settlement by December 19, 2018. (3) THE COURT WILL HOLD A MARKMAN/CLAIM CONSTRUCTION HEARING AT 2:00 PM ON MARCH 12, 2019. Any tutorial materials will be submitted by March 5, 2019. (FTR Log #3:05-4:09.) (Gillespie, Saudia) (Entered: 12/04/2018) (1) |
| Nov 29, 2018 | 33 | STATUS REPORT by Quest USA Corp., Isaac Srour (Auvil, Steven) (Entered: 11/29/2018) (3) |
| Nov 26, 2018 | N/A | ORDER: Granting 32 Motion for Discovery. The Stipulated E-Discovery Order is hereby approved and entered as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 11/26/2018. (Gillespie, Saudia) (Entered: 11/26/2018) (0) |
| Nov 21, 2018 | 32 | Letter MOTION for Discovery Order by PopSockets LLC. (Attachments: # 1 Exhibit Stipulated E-Discovery Order) (Gehrke, Tiffany) (Entered: 11/21/2018) (0) |
| Nov 15, 2018 | N/A | ORDER denying 26 Motion for Discovery for the reasons and to the extent indicated on the record of the proceedings held today. Ordered by Magistrate Judge Steven M. Gold on 11/15/2018. (Gold, Steven) (Entered: 11/15/2018) (0) |
| Nov 15, 2018 | 31 | Minute Entry: Telephone Conference held on 11/15/2018 before Magistrate Judge Steven M. Gold. Horton for plaintiff, Auvil and Harris for defendant. Ruling on record with respect to protective order. Plaintiff may provide access to CAD files on a stand-alone computer in offices of its outside counsel. This ruling is without prejudice to defendant's right to seek greater access to the CAD files based upon a submission that includes an explanation from its expert why the access provided by plaintiff is inadequate to allow the expert to complete his or her analysis. (FTR Log #10:31-10:49.) (Gillespie, Saudia) (Entered: 11/15/2018) (1) |
| Nov 14, 2018 | 29 | MOTION to Withdraw as Attorney David N. Patariu by PopSockets LLC. (Horton, Benjamin) (Entered: 11/14/2018) (3) |
| Nov 14, 2018 | N/A | ORDER: Granting 29 Motion to Withdraw as Attorney. Attorney David Nicholas Patariu terminated. Ordered by Magistrate Judge Steven M. Gold on 11/14/2018. (Gillespie, Saudia) (Entered: 11/14/2018) (0) |
| Nov 14, 2018 | 30 | NOTICE by Quest USA Corp., Isaac Srour JOINT CLAIM TERMS CHART (LPR 11) (Jaketic, Bryan) (Entered: 11/14/2018) (4) |
| Nov 13, 2018 | 28 | RESPONSE to Motion re 26 Letter MOTION for Discovery Order regarding Electronic Discovery filed by PopSockets LLC. (Attachments: # 1 Exhibit A - ESI Order, # 2 Exhibit B - ITC Initial Determination dated January 31, 2018, # 3 Exhibit C - Declaration of T Gehrke ISO PopSockets' Responsive Letter re Discovery Dispute Re Proposed E-Discovery Order, # 4 Excerpt of Protective Order Language Discussed in Fraunhofer-Gesellschaft v Sirus Xm, # 5 Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung E.V. v. Sirus Xm Radio Inc.) (Gehrke, Tiffany) (Entered: 11/13/2018) (0) |
| Nov 8, 2018 | N/A | ORDER: Granting 27 Motion for Protective Order. The Order is hereby approved and entered as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 11/8/2018. (Gillespie, Saudia) (Entered: 11/08/2018) (0) |
| Nov 7, 2018 | 26 | Letter MOTION for Discovery Order regarding Electronic Discovery by Quest USA Corp., Isaac Srour. (Attachments: # 1 Exhibit A - Quest Proposal, # 2 Exhibit B - PopSockets Proposal) (Auvil, Steven) (Entered: 11/07/2018) (0) |
| Nov 7, 2018 | 27 | Letter MOTION for Protective Order by Quest USA Corp., Isaac Srour. (Attachments: # 1 Proposed Order) (Auvil, Steven) (Entered: 11/07/2018) (0) |
| Nov 7, 2018 | N/A | SCHEDULING ORDER: A telephone conference will be held at 10:30 a.m. on November 15, 2018 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/7/2018. (Gillespie, Saudia) (Entered: 11/07/2018) (0) |
| Oct 12, 2018 | N/A | ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings(as related to 18-cv-5546). Judge Nicholas G. Garaufis no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Dora Lizette Irizarry on 10/12/2018. (Davis, Kimberly) (Entered: 10/12/2018) (0) |
| Oct 4, 2018 | 25 | Notice of Related Case (Davis, Kimberly) (Entered: 10/04/2018) (2) |
| Sep 12, 2018 | N/A | ORDER: Granting 24 Motion for Leave to Appear Pro Hac Vice. Attorney Jeremy W. Dutra shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 9/12/2018. (Gillespie, Saudia) (Entered: 09/12/2018) (0) |
| Sep 11, 2018 | 24 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10718516. by Quest USA Corp., Isaac Srour. (Attachments: # 1 Affidavit of J. Dutra) (Dutra, Jeremy) (Entered: 09/11/2018) (0) |
| Sep 7, 2018 | 23 | NOTICE by Quest USA Corp., Isaac Srour re Notice (Other), 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10668861. Updated Certificate of Good Standing from the State of Maryland (Harris, Rachel) (Entered: 09/07/2018) (1) |
| Sep 7, 2018 | N/A | ORDER: Granting 22 Motion for Leave to Appear Pro Hac Vice. Attorney Rachael Abelson Harris shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 9/7/2018. (Gillespie, Saudia) (Entered: 09/07/2018) (0) |
| Aug 21, 2018 | N/A | NOTICE: Pursuant to Local Rule 1.3, counsel seeking to appear pro hac vice shall provide certificates of good standing issued within 30 days. Attorney Rachael A. Harris shall submit an updated certificate of good standing from the State of Maryland. (Gillespie, Saudia) (Entered: 08/21/2018) (0) |
| Aug 20, 2018 | 22 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10668861. by Quest USA Corp., Isaac Srour. (Attachments: # 1 Affidavit of R. Harris) (Harris, Rachel) (Entered: 08/20/2018) (0) |
| Aug 7, 2018 | N/A | ORDER: Granting 21 Motion for Leave to Appear Pro Hac Vice. Attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 8/7/2018. (Gillespie, Saudia) (Entered: 08/07/2018) (0) |
| Jul 31, 2018 | 20 | NOTICE of Appearance by David Nicholas Patariu on behalf of PopSockets LLC (aty to be noticed) (Patariu, David) (Entered: 07/31/2018) (2) |
| Jul 31, 2018 | 21 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10623135. by Quest USA Corp., Isaac Srour. (Attachments: # 1 Affidavit of Bryan Jaketic) (Jaketic, Bryan) (Entered: 07/31/2018) (0) |
| Jul 16, 2018 | N/A | Set/Reset Hearings: Status Conference set for December 4, 2018 at 3:00 p.m. in Courtroom 13D South before Magistrate Judge Steven M. Gold. (Gillespie, Saudia) (Entered: 07/16/2018) (0) |
| Jul 13, 2018 | 19 | Minute Entry: Initial Conference Hearing held on 7/13/2018 before Magistrate Judge Steven M. Gold. Horton, Gehrke and Rachman for plaintiff; Auvil for defendants. The case management schedule proposed by the parties, calling among other things for disclosure of asserted claims and inforngement contentions by August 27, invalidity contentions by October 11, exchanged claim terms and proposed constructions by October 31, and a joint claim terms chart by November 14, 2018, is approved. THE COURT WILL HOLD A STATUS CONFERENCE AT 3:00 PM ON DECEMBER 4, 2018. Counsel shall submit a letter by November 29, 2018 reporting on their progress meeting these deadlines, whether defendants will seek inter partes review before the USPTO, whether it might be productive to participate in mediation, and proposed next steps in the litigation. (Gillespie, Saudia) Modified text and attachment on 7/16/2018 (Gillespie, Saudia). (Entered: 07/16/2018) (1) |
| Jun 28, 2018 | 18 | Corporate Disclosure Statement by PopSockets LLC (Gehrke, Tiffany) (Entered: 06/28/2018) (2) |
| Jun 19, 2018 | 17 | ANSWER to 12 Answer to Complaint, Counterclaim by PopSockets LLC. (Gehrke, Tiffany) (Entered: 06/19/2018) (7) |
| Jun 8, 2018 | 16 | NOTICE of Appearance by Tiffany Gehrke on behalf of PopSockets LLC (notification declined or already on case) (Gehrke, Tiffany) (Entered: 06/08/2018) (2) |
| Jun 7, 2018 | 15 | NOTICE of Appearance by Benjamin T. Horton on behalf of PopSockets LLC (notification declined or already on case) (Horton, Benjamin) (Entered: 06/07/2018) (2) |
| Jun 6, 2018 | N/A | ORDER: Granting 10 Motion for Leave to Appear Pro Hac Vice. Attorney Tiffany D. Gehrke shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven M. Gold on 6/6/2018. (Gillespie, Saudia) (Entered: 06/06/2018) (0) |
| Jun 6, 2018 | N/A | ORDER: Granting 11 Motion for Leave to Appear Pro Hac Vice. Attorney Benjamin T. Horton shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven M. Gold on 6/6/2018. (Gillespie, Saudia) (Entered: 06/06/2018) (0) |
| Jun 6, 2018 | 14 | SCHEDULING ORDER: An in-person initial conference will be held at 10:30 a.m. on July 13, 2018 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual RulesOrdered by Magistrate Judge Steven M. Gold on 6/6/2018. (Attachments: # 1 Chambers Individual Rules) (Gillespie, Saudia) (Entered: 06/06/2018) (0) |
| May 29, 2018 | 12 | ANSWER to 1 Complaint, , COUNTERCLAIM against PopSockets LLC by Isaac Srour, Quest USA Corp.. (Auvil, Steven) (Entered: 05/29/2018) (11) |
| May 29, 2018 | 13 | Corporate Disclosure Statement by Quest USA Corp. (Auvil, Steven) (Entered: 05/29/2018) (2) |
| May 24, 2018 | 11 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10458031. by PopSockets LLC. (Attachments: # 1 Affidavit and Certificate of Good Standing) (Horton, Benjamin) (Entered: 05/24/2018) (0) |
| May 23, 2018 | 10 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10456812. by PopSockets LLC. (Attachments: # 1 Affidavit Affidavit and Certificate of Good Standing) (Gehrke, Tiffany) (Entered: 05/23/2018) (0) |
| May 21, 2018 | N/A | ORDER: Granting 9 Motion for Leave to Appear Pro Hac Vice. Attorney Steven M. Auvil shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 5/21/2018. (Gillespie, Saudia) (Entered: 05/21/2018) (0) |
| May 16, 2018 | 9 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10437250. by Quest USA Corp., Isaac Srour. (Attachments: # 1 Affidavit of Steven M. Auvil) (Auvil, Steven) (Entered: 05/16/2018) (0) |
| May 11, 2018 | 7 | SUMMONS Returned Executed by PopSockets LLC. Quest USA Corp. served on 5/7/2018, answer due 5/28/2018. (Rachman, Marc) (Entered: 05/11/2018) (1) |
| May 11, 2018 | 8 | SUMMONS Returned Executed by PopSockets LLC. Isaac Srour served on 5/7/2018, answer due 5/28/2018. (Rachman, Marc) (Entered: 05/11/2018) (1) |
| May 4, 2018 | N/A | ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis for all further proceedings. Judge Carol Bagley Amon no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 5/4/2018. (Bowens, Priscilla) (Entered: 05/04/2018) (0) |
| May 2, 2018 | 4 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 05/02/2018) (2) |
| May 2, 2018 | 5 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/02/2018) (1) |
| May 2, 2018 | 6 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Rocco, Christine) (Entered: 05/02/2018) (1) |
| May 1, 2018 | N/A | Case assigned to Judge Carol Bagley Amon and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 05/02/2018) (0) |
| May 1, 2018 | 2 | Summons Issued as to All Defendants. (Attachments: # 1 Srour summons) (Bowens, Priscilla) (Entered: 05/02/2018) (0) |
| May 1, 2018 | 3 | Notice of Related Case (Bowens, Priscilla) (Entered: 05/02/2018) (1) |
| May 1, 2018 | N/A | This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla) (Entered: 05/02/2018) (0) |
| May 1, 2018 | 1 | Complaint* (1) |
