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Case number 1:20-cv-07088

River Light V, L.P. et al v. Olem Shoe Corp. > Documents

Date Field Doc. No.Description (Pages)
Mar 22, 2023 311 PROPOSED STIPULATION AND ORDER. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/22/2023) (2)
Mar 21, 2023 310 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 285 MOTION in Limine regarding Tory Burch's Claims. (Version previously filed under sealed was inadverdently redacted). Document filed by Olem Shoe Corp., River Light V, L.P., Tory Burch LLC. Motion or Order to File Under Seal: 35 .(Kaufman, Mark) (Entered: 03/21/2023) (0)
Mar 17, 2023 252 MOTION in Limine No. 1 to Preclude Evidence, Argument, or Comment Regarding Defendant's Dismissed Defenses. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 253 MEMORANDUM OF LAW in Support re: 252 MOTION in Limine No. 1 to Preclude Evidence, Argument, or Comment Regarding Defendant's Dismissed Defenses. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (6)
Mar 17, 2023 254 MOTION in Limine No. 2 to Preclude Evidence, Argument, or Comment Regarding Defendant's Dismissed Fraud Counterclaim or Dismissed Fraud Defense, or Suggesting That Plaintiffs Made False or Misleading Statements. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 255 MEMORANDUM OF LAW in Support re: 254 MOTION in Limine No. 2 to Preclude Evidence, Argument, or Comment Regarding Defendant's Dismissed Fraud Counterclaim or Dismissed Fraud Defense, or Suggesting That Plaintiffs Made False or Misleading Statements. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (7)
Mar 17, 2023 256 MOTION in Limine No. 3 to Exclude Allegations Regarding Tory Burch's Miller Line Outside of the Asserted Trade Dress. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 257 MEMORANDUM OF LAW in Support re: 256 MOTION in Limine No. 3 to Exclude Allegations Regarding Tory Burch's Miller Line Outside of the Asserted Trade Dress. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (6)
Mar 17, 2023 258 DECLARATION of Natalie L. Arbaugh in Support re: 256 MOTION in Limine No. 3 to Exclude Allegations Regarding Tory Burch's Miller Line Outside of the Asserted Trade Dress.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's opening report, # 2 Exhibit 2 - Selection from Wendy Kaplowitz's deposition transcript).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (1)
Mar 17, 2023 259 MOTION in Limine No. 4 to Preclude Evidence, Argument, or Comment That Plaintiffs' Trade Dress Is Unregistered or Is Inadequately Defined. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 260 MEMORANDUM OF LAW in Support re: 259 MOTION in Limine No. 4 to Preclude Evidence, Argument, or Comment That Plaintiffs' Trade Dress Is Unregistered or Is Inadequately Defined. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (5)
Mar 17, 2023 261 MOTION in Limine No. 5 to Preclude Evidence, Argument, or Comment Regarding Purported Anticompetitive Conduct or Intent. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 262 MEMORANDUM OF LAW in Support re: 261 MOTION in Limine No. 5 to Preclude Evidence, Argument, or Comment Regarding Purported Anticompetitive Conduct or Intent. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (6)
Mar 17, 2023 263 MOTION in Limine No. 6 to Preclude Evidence, Argument, or Commentary Referencing Defendant's Specific Intellectual Property Not at Issue in This Litigation. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 264 MEMORANDUM OF LAW in Support re: 263 MOTION in Limine No. 6 to Preclude Evidence, Argument, or Commentary Referencing Defendant's Specific Intellectual Property Not at Issue in This Litigation. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (5)
Mar 17, 2023 265 DECLARATION of Natalie L. Arbaugh in Support re: 263 MOTION in Limine No. 6 to Preclude Evidence, Argument, or Commentary Referencing Defendant's Specific Intellectual Property Not at Issue in This Litigation.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts from the Trademark Status and Document Retrieval Report for Olem's Supplemental Register Trademark, bearing Registration Number 5,243,152, # 2 Exhibit 2 - Excerpts from the Trademark Status and Document Retrieval Report for Olem's Supplemental Register Trademark, bearing Registration Number 5,388,597).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 266 MOTION in Limine No. 7 to Preclude Evidence, Argument, or Comment Regarding Alleged Intellectual Property, Ownership, or Inventor Rights of Any Third Party. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 267 MEMORANDUM OF LAW in Support re: 266 MOTION in Limine No. 7 to Preclude Evidence, Argument, or Comment Regarding Alleged Intellectual Property, Ownership, or Inventor Rights of Any Third Party. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (7)
Mar 17, 2023 268 DECLARATION of Natalie L. Arbaugh in Support re: 266 MOTION in Limine No. 7 to Preclude Evidence, Argument, or Comment Regarding Alleged Intellectual Property, Ownership, or Inventor Rights of Any Third Party.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of Olem's Verified Responses to Tory Burch's Fourth Set of Interrogatories, # 2 Exhibit 2 - Excerpts of the Expert Report of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (1)
Mar 17, 2023 269 MOTION in Limine No. 8 to Exclude Purported Evidence of Plaintiffs Copying the Designs of Others. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 270 MEMORANDUM OF LAW in Support re: 269 MOTION in Limine No. 8 to Exclude Purported Evidence of Plaintiffs Copying the Designs of Others. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (5)
Mar 17, 2023 271 DECLARATION of Natalie L. Arbaugh in Support re: 269 MOTION in Limine No. 8 to Exclude Purported Evidence of Plaintiffs Copying the Designs of Others.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from the opening report of Dennis Comeau, # 2 Exhibit 2 - Selection from the rebuttal report of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (1)
Mar 17, 2023 272 MOTION in Limine No. 9 To Preclude Evidence, Argument, or Commentary Referencing Any Party's Prior or Pending Litigations Not Involving the Intellectual Property at Issue Here. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 273 MEMORANDUM OF LAW in Support re: 272 MOTION in Limine No. 9 To Preclude Evidence, Argument, or Commentary Referencing Any Party's Prior or Pending Litigations Not Involving the Intellectual Property at Issue Here. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (5)
Mar 17, 2023 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 275 MEMORANDUM OF LAW in Support re: 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (6)
Mar 17, 2023 276 DECLARATION of Natalie L. Arbaugh in Support re: 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (1)
Mar 17, 2023 277 MOTION in Limine No. 11 to Exclude Expert Testimony of Dr. Alan J. Salzberg. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 278 MEMORANDUM OF LAW in Support re: 277 MOTION in Limine No. 11 to Exclude Expert Testimony of Dr. Alan J. Salzberg. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (7)
Mar 17, 2023 279 DECLARATION of Natalie L. Arbaugh in Support re: 277 MOTION in Limine No. 11 to Exclude Expert Testimony of Dr. Alan J. Salzberg.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the deposition of Alan J. Salzberg).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (1)
Mar 17, 2023 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 281 MEMORANDUM OF LAW in Support re: 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (6)
Mar 17, 2023 282 DECLARATION of Natalie L. Arbaugh in Support re: 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 283 MOTION in Limine No. 13 to Exclude Evidence, Argument, or Comment Regarding Olem's USPTO Trademark Application File That References the TT Logo Trademark. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 284 MEMORANDUM OF LAW in Support re: 283 MOTION in Limine No. 13 to Exclude Evidence, Argument, or Comment Regarding Olem's USPTO Trademark Application File That References the TT Logo Trademark. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (4)
Mar 17, 2023 285 MOTION in Limine regarding Tory Burch's Claims. Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (3)
Mar 17, 2023 286 MEMORANDUM OF LAW in Support re: 285 MOTION in Limine regarding Tory Burch's Claims. . Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (6)
Mar 17, 2023 287 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 285 MOTION in Limine regarding Tory Burch's Claims. . Document filed by Olem Shoe Corp., River Light V, L.P.. Motion or Order to File Under Seal: 35 .(Kaufman, Mark) (Entered: 03/17/2023) (0)
Mar 17, 2023 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.. Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (3)
Mar 17, 2023 289 MEMORANDUM OF LAW in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.. . Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (6)
Mar 17, 2023 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 291 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.. . Document filed by Olem Shoe Corp., River Light V, L.P.. Motion or Order to File Under Seal: 35 .(Kaufman, Mark) (Entered: 03/17/2023) (0)
Mar 17, 2023 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret. Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (3)
Mar 17, 2023 293 MEMORANDUM OF LAW in Support re: 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (7)
Mar 17, 2023 294 MEMORANDUM OF LAW in Support re: 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret. . Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (6)
Mar 17, 2023 295 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret. . Document filed by Olem Shoe Corp., River Light V, L.P., Tory Burch LLC. Motion or Order to File Under Seal: 35 .(Kaufman, Mark) (Entered: 03/17/2023) (0)
Mar 17, 2023 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden. Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (3)
Mar 17, 2023 297 MEMORANDUM OF LAW in Support re: 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden. . Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (7)
Mar 17, 2023 298 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden. . Document filed by Olem Shoe Corp., River Light V, L.P., Tory Burch LLC. Motion or Order to File Under Seal: 35 .(Kaufman, Mark) (Entered: 03/17/2023) (0)
Mar 17, 2023 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham. Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (3)
Mar 17, 2023 300 MEMORANDUM OF LAW in Support re: 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham. . Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 03/17/2023) (4)
Mar 17, 2023 301 DECLARATION of Natalie L. Arbaugh in Support re: 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from Dennis Comeau's Opening Report, # 4 Exhibit 4 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (1)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch Does Not Own the Asserted Trade Dress. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 304 MEMORANDUM OF LAW in Support re: 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch Does Not Own the Asserted Trade Dress. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (7)
Mar 17, 2023 305 ***SELECTED PARTIES***DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp., River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit A- Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B - Tory Burch Website reviews, # 3 Exhibit C - Bloomingdale's website, # 4 Exhibit D - Excerpt from David Neal's Exhibit B-1, # 5 Exhibit E - Excerpt from Gampel Report, # 6 Exhibit F - Excerpts from Kaplowitz Deposition Transcript, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Excerpts from Mavuro Deposition, # 9 Exhibit I - Excerpts from Clemente Deposition)Motion or Order to File Under Seal: 35 .(Kaufman, Mark) (Entered: 03/17/2023) (0)
Mar 17, 2023 306 DECLARATION of Natalie L. Arbaugh in Support re: 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 307 MOTION in Limine No. 16 Plaintiffs' Omnibus Motion in Limine. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (2)
Mar 17, 2023 308 MEMORANDUM OF LAW in Support re: 307 MOTION in Limine No. 16 Plaintiffs' Omnibus Motion in Limine. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 03/17/2023) (5)
Mar 17, 2023 309 MOTION in Limine (Parties' Stipulated Motions in Limine). Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Main Document) (3)
Mar 17, 2023 279 DECLARATION of Natalie L. Arbaugh in Support re: 277 MOTION in Limine No. 11 to Exclude Expert Testimony of Dr. Alan J. Salzberg.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the deposition of Alan J. Salzberg).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Excerpts of the deposition of Alan J. Salzberg) (5)
Mar 17, 2023 271 DECLARATION of Natalie L. Arbaugh in Support re: 269 MOTION in Limine No. 8 to Exclude Purported Evidence of Plaintiffs Copying the Designs of Others.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from the opening report of Dennis Comeau, # 2 Exhibit 2 - Selection from the rebuttal report of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Selection from the opening report of Dennis Comeau) (4)
Mar 17, 2023 271 DECLARATION of Natalie L. Arbaugh in Support re: 269 MOTION in Limine No. 8 to Exclude Purported Evidence of Plaintiffs Copying the Designs of Others.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from the opening report of Dennis Comeau, # 2 Exhibit 2 - Selection from the rebuttal report of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Selection from the rebuttal report of Dennis Comeau) (4)
Mar 17, 2023 272 MOTION in Limine No. 9 To Preclude Evidence, Argument, or Commentary Referencing Any Party's Prior or Pending Litigations Not Involving the Intellectual Property at Issue Here. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 259 MOTION in Limine No. 4 to Preclude Evidence, Argument, or Comment That Plaintiffs' Trade Dress Is Unregistered or Is Inadequately Defined. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 265 DECLARATION of Natalie L. Arbaugh in Support re: 263 MOTION in Limine No. 6 to Preclude Evidence, Argument, or Commentary Referencing Defendant's Specific Intellectual Property Not at Issue in This Litigation.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts from the Trademark Status and Document Retrieval Report for Olem's Supplemental Register Trademark, bearing Registration Number 5,243,152, # 2 Exhibit 2 - Excerpts from the Trademark Status and Document Retrieval Report for Olem's Supplemental Register Trademark, bearing Registration Number 5,388,597).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Excerpts from the Trademark Status and Document Retrieval Report for) (5)
Mar 17, 2023 265 DECLARATION of Natalie L. Arbaugh in Support re: 263 MOTION in Limine No. 6 to Preclude Evidence, Argument, or Commentary Referencing Defendant's Specific Intellectual Property Not at Issue in This Litigation.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts from the Trademark Status and Document Retrieval Report for Olem's Supplemental Register Trademark, bearing Registration Number 5,243,152, # 2 Exhibit 2 - Excerpts from the Trademark Status and Document Retrieval Report for Olem's Supplemental Register Trademark, bearing Registration Number 5,388,597).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Excerpts from the Trademark Status and Document Retrieval Report for) (5)
Mar 17, 2023 277 MOTION in Limine No. 11 to Exclude Expert Testimony of Dr. Alan J. Salzberg. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 269 MOTION in Limine No. 8 to Exclude Purported Evidence of Plaintiffs Copying the Designs of Others. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 256 MOTION in Limine No. 3 to Exclude Allegations Regarding Tory Burch's Miller Line Outside of the Asserted Trade Dress. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (2)
Mar 17, 2023 301 DECLARATION of Natalie L. Arbaugh in Support re: 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from Dennis Comeau's Opening Report, # 4 Exhibit 4 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report) (8)
Mar 17, 2023 301 DECLARATION of Natalie L. Arbaugh in Support re: 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from Dennis Comeau's Opening Report, # 4 Exhibit 4 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Selection from Dennis Comeau's Opening Report) (10)
Mar 17, 2023 301 DECLARATION of Natalie L. Arbaugh in Support re: 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from Dennis Comeau's Opening Report, # 4 Exhibit 4 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 3 - Selection from Dennis Comeau's Opening Report) (10)
Mar 17, 2023 301 DECLARATION of Natalie L. Arbaugh in Support re: 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from Dennis Comeau's Opening Report, # 4 Exhibit 4 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 4 - Selection from the deposition of Dennis Comeau) (13)
Mar 17, 2023 306 DECLARATION of Natalie L. Arbaugh in Support re: 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau) (7)
Mar 17, 2023 306 DECLARATION of Natalie L. Arbaugh in Support re: 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau) (4)
Mar 17, 2023 306 DECLARATION of Natalie L. Arbaugh in Support re: 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fo) (22)
Mar 17, 2023 263 MOTION in Limine No. 6 to Preclude Evidence, Argument, or Commentary Referencing Defendant's Specific Intellectual Property Not at Issue in This Litigation. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 254 MOTION in Limine No. 2 to Preclude Evidence, Argument, or Comment Regarding Defendant's Dismissed Fraud Counterclaim or Dismissed Fraud Defense, or Suggesting That Plaintiffs Made False or Misleading Statements. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 282 DECLARATION of Natalie L. Arbaugh in Support re: 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau) (11)
Mar 17, 2023 282 DECLARATION of Natalie L. Arbaugh in Support re: 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau) (4)
Mar 17, 2023 282 DECLARATION of Natalie L. Arbaugh in Support re: 280 MOTION in Limine No. 12 to Exclude Evidence, Argument, Opinions or Comment Regarding Olem and Third-Party Shoe Designs That Existed Before Tory Burch's Miller Sandal Was First Sold in Spring 2008.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of the Expert Report of Dennis Comeau, # 2 Exhibit 2 - Excerpts of the Rebuttal Report of Dennis Comeau, # 3 Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fourth Set of Interrogatories).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 3 - Excerpts of Olem Shoe's Amended Response to Plaintiffs' Fo) (6)
Mar 17, 2023 309 MOTION in Limine (Parties' Stipulated Motions in Limine). Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (2)
Mar 17, 2023 290 MOTION in Limine No. 14 to Exclude Proposed Opinions of Defendant's Expert Dennis Comeau. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (2)
Mar 17, 2023 276 DECLARATION of Natalie L. Arbaugh in Support re: 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report) (5)
Mar 17, 2023 276 DECLARATION of Natalie L. Arbaugh in Support re: 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Selection from Dennis Comeau's Opening Report) (11)
Mar 17, 2023 276 DECLARATION of Natalie L. Arbaugh in Support re: 274 MOTION in Limine No. 10 to Exclude Evidence, Comment or Argument Applying Incorrect Functionality Standard, Including Opinions of Olem's Expert Comeau on Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's Rebuttal Report, # 2 Exhibit 2 - Selection from Dennis Comeau's Opening Report, # 3 Exhibit 3 - Selection from the deposition of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 3 - Selection from the deposition of Dennis Comeau) (14)
Mar 17, 2023 266 MOTION in Limine No. 7 to Preclude Evidence, Argument, or Comment Regarding Alleged Intellectual Property, Ownership, or Inventor Rights of Any Third Party. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 303 MOTION in Limine No. 15 to Preclude Olem From Introducing Any Evidence, Opinions, Argument, or Comment Related to Third-Party Sandals for the Purpose of Showing That Tory Burch's Asserted Trade Dress Is Common or Generic, or That Tory Burch Does Not Own the Asserted Trade Dress. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (2)
Mar 17, 2023 258 DECLARATION of Natalie L. Arbaugh in Support re: 256 MOTION in Limine No. 3 to Exclude Allegations Regarding Tory Burch's Miller Line Outside of the Asserted Trade Dress.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's opening report, # 2 Exhibit 2 - Selection from Wendy Kaplowitz's deposition transcript).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Selection from Dennis Comeau's opening report) (5)
Mar 17, 2023 258 DECLARATION of Natalie L. Arbaugh in Support re: 256 MOTION in Limine No. 3 to Exclude Allegations Regarding Tory Burch's Miller Line Outside of the Asserted Trade Dress.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Selection from Dennis Comeau's opening report, # 2 Exhibit 2 - Selection from Wendy Kaplowitz's deposition transcript).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Selection from Wendy Kaplowitz's deposition transcript) (4)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit A-Tory Burch Website pages depicting Miller Sandals) (5)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit B -Tory Burch Website pages depicting reviews) (15)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit C -Bloomingdale's website pages) (4)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit D - Redacted) (1)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit E -Redacted) (1)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit F - Redacted) (1)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition) (17)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit H - Redacted) (1)
Mar 17, 2023 302 DECLARATION of Kevin D. Salinas in Support re: 288 MOTION in Limine to exclude reports and testimony of David Neal, Ph.D.., 292 MOTION in Limine no. 3 to exclude the reports and testimony of Hal Poret., 285 MOTION in Limine regarding Tory Burch's Claims., 299 MOTION in Limine No. 5 to exclude the report and testimony of Michael Thuan Pham., 296 MOTION in Limine No. 4 to exclude the report and testimony of Lenny M. Holden.. Document filed by Olem Shoe Corp.. (Attachments: # 1 Exhibit A-Tory Burch Website pages depicting Miller Sandals, # 2 Exhibit B -Tory Burch Website pages depicting reviews, # 3 Exhibit C -Bloomingdale's website pages, # 4 Exhibit D - Redacted, # 5 Exhibit E -Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G - Olem's Ex. 35 to Kaplowitz Deposition, # 8 Exhibit H - Redacted, # 9 Exhibit I -Redacted).(Kaufman, Mark) (Entered: 03/17/2023) (Exhibit I -Redacted) (1)
Mar 17, 2023 283 MOTION in Limine No. 13 to Exclude Evidence, Argument, or Comment Regarding Olem's USPTO Trademark Application File That References the TT Logo Trademark. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 268 DECLARATION of Natalie L. Arbaugh in Support re: 266 MOTION in Limine No. 7 to Preclude Evidence, Argument, or Comment Regarding Alleged Intellectual Property, Ownership, or Inventor Rights of Any Third Party.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of Olem's Verified Responses to Tory Burch's Fourth Set of Interrogatories, # 2 Exhibit 2 - Excerpts of the Expert Report of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 1 - Excerpts of Olem's Verified Responses to Tory Burch's Four) (6)
Mar 17, 2023 268 DECLARATION of Natalie L. Arbaugh in Support re: 266 MOTION in Limine No. 7 to Preclude Evidence, Argument, or Comment Regarding Alleged Intellectual Property, Ownership, or Inventor Rights of Any Third Party.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - Excerpts of Olem's Verified Responses to Tory Burch's Fourth Set of Interrogatories, # 2 Exhibit 2 - Excerpts of the Expert Report of Dennis Comeau).(Arbaugh, Natalie) (Entered: 03/17/2023) (Exhibit 2 - Excerpts of the Expert Report of Dennis Comeau) (8)
Mar 17, 2023 261 MOTION in Limine No. 5 to Preclude Evidence, Argument, or Comment Regarding Purported Anticompetitive Conduct or Intent. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 17, 2023 307 MOTION in Limine No. 16 Plaintiffs' Omnibus Motion in Limine. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (2)
Mar 17, 2023 252 MOTION in Limine No. 1 to Preclude Evidence, Argument, or Comment Regarding Defendant's Dismissed Defenses. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Text of Proposed Order - [Proposed] Order).(Arbaugh, Natalie) (Entered: 03/17/2023) (Text of Proposed Order - [Proposed] Order) (1)
Mar 3, 2023 251 ORDER: denying 248 Letter Motion for Extension of Time. Application DENIED. The case is now in second place on the Court's trial calendar to commence on May 8, 2023. The parties shall be prepared to proceed on that date in the event the matter in first place is resolved. Counsel may inquire closer to the date the status of the first place trial. The trial order was docketed September 30, 2022. In the subsequent five months, the parties have had ample opportunity to inform the Court of previously scheduled trial commitments. Regarding counsel's personal conflict from May 19 to 22, the Court usually does not sit for trial on Fridays. The Court imposes time limits at trial, and it is highly unlikely that the evidentiary portion of the trial will not be completed before May 22. If necessary, the trial will be adjourned that day. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 248.. (Signed by Judge Lorna G. Schofield on 3/03/02023) (ama) (Entered: 03/03/2023) (3)
Feb 27, 2023 249 ORDER granting 246 Motion for Jacob Joseph Givner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 02/27/2023) (0)
Feb 27, 2023 250 ORDER granting 247 Motion for Kevin D. Salinas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 02/27/2023) (0)
Feb 22, 2023 248 JOINT LETTER MOTION for Extension of Time Re: Adjournment of Trial Date and Extension of Related Pretrial Deadlines, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated February 22, 2023. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 02/22/2023) (3)
Feb 2, 2023 246 FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Main Document) (1)
Feb 2, 2023 247 FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Main Document) (1)
Feb 2, 2023 247 FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Affidavit Affidavit in Support of Motion) (1)
Feb 2, 2023 247 FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Exhibit Certificate of Good Standing) (1)
Feb 2, 2023 247 FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Text of Proposed Order Proposed Order for Admission) (1)
Feb 2, 2023 246 FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Affidavit Affidavit in Support of Motion) (1)
Feb 2, 2023 246 FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Exhibit Certificate of Good Standing) (1)
Feb 2, 2023 246 FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) (Entered: 02/02/2023) (Text of Proposed Order Proposed Order for Admission) (1)
Jan 26, 2023 244 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27254987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Main Document) (1)
Jan 26, 2023 245 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27255683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Salinas, Kevin) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Main Document) (1)
Jan 26, 2023 244 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27254987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Affidavit Affidavit in Support of Motion) (1)
Jan 26, 2023 244 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27254987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Exhibit Certificate of Good Standing) (1)
Jan 26, 2023 244 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Jacob Joseph Givner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27254987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Givner, Jacob) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Text of Proposed Order Proposed Order for Admission) (1)
Jan 26, 2023 245 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27255683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Salinas, Kevin) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Affidavit Affidavit in Support of Motion) (1)
Jan 26, 2023 245 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27255683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Salinas, Kevin) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Exhibit Certificate of Good Standing) (1)
Jan 26, 2023 245 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Kevin D. Salinas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27255683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission).(Salinas, Kevin) Modified on 1/27/2023 (sgz). (Entered: 01/26/2023) (Text of Proposed Order Proposed Order for Admission) (1)
Nov 4, 2022 243 ORDER granting in part and denying in part without prejudice to renewal 239 MOTION for Reconsideration re; 235 Memorandum & Opinion, re: Limited portion of the September 27, 2022 Opinion and Order filed by Tory Burch LLC, River Light V, L.P. ORDERED that Plaintiffs' motion for reconsideration is GRANTED in part. The Denial of Registration Claim as to the '979 Application is reinstated. Plaintiffs' request to cancel Defendant's new registration is denied without prejudice to renewal. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 239. (Signed by Judge Lorna G. Schofield on 11/4/2022) (mml) Modified on 11/7/2022 (mml). (Entered: 11/04/2022) (4)
Oct 20, 2022 242 MEMORANDUM OF LAW in Opposition re: 239 MOTION for Reconsideration re; 235 Memorandum & Opinion,,,,,,,,, re: Limited portion of the September 27, 2022 Opinion and Order. . Document filed by Olem Shoe Corp...(Kaufman, Mark) (Entered: 10/20/2022) (4)
Oct 18, 2022 241 MEMO ENDORSED ORDER with respect to 239 MOTION for Reconsideration re; 235 Memorandum & Opinion, re: Limited portion of the September 27, 2022 Opinion and Order filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: Defendant shall file a response, not to exceed six pages, by October 21, 2022. (Signed by Judge Lorna G. Schofield on 10/18/2022) (mml) Modified on 10/18/2022 (mml). (Entered: 10/18/2022) (2)
Oct 11, 2022 239 MOTION for Reconsideration re; 235 Memorandum & Opinion,,,,,,,,, re: Limited portion of the September 27, 2022 Opinion and Order. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 10/11/2022) (2)
Oct 11, 2022 240 MEMORANDUM OF LAW in Support re: 239 MOTION for Reconsideration re; 235 Memorandum & Opinion,,,,,,,,, re: Limited portion of the September 27, 2022 Opinion and Order. . Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - USPTO printout of 979 Application status).(Arbaugh, Natalie) (Entered: 10/11/2022) (Main Document) (7)
Oct 11, 2022 240 MEMORANDUM OF LAW in Support re: 239 MOTION for Reconsideration re; 235 Memorandum & Opinion,,,,,,,,, re: Limited portion of the September 27, 2022 Opinion and Order. . Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit 1 - USPTO printout of 979 Application status).(Arbaugh, Natalie) (Entered: 10/11/2022) (Exhibit 1 - USPTO printout of 979 Application status) (5)
Sep 30, 2022 238 SCHEDULING ORDER: WHEREAS this action is trial ready. It is hereby, ORDERED that this action will be placed in third place on the Court's May 2023 trial-ready calendar; the jury trial will begin on May 8, 2023, at 9:45 a.m. or the Court's first available date thereafter. It is further, ORDERED that the parties shall be ready to proceed on 24 hours' notice on or after May 8, 2023. It is further, ORDERED that in accordance with and as further provided in Individual Rule IV.B: (1) Any motions in limine shall be filed by March 17, 2023. Responses to the motions shall be filed by March 27, 2023. No reply shall be filed. The parties shall follow the Courts Individual Rules regarding such motion. (2) Joint requests to charge, voir dire, verdict form, and any memorandum of law, as provided in the Courts Individual Rules, shall be filed by March 27, 2023. (3) The final pretrial order shall be filed April 3, 2023, as further set forth herein. Motions due by 3/17/2023. Responses due by 3/27/2023 Pretrial Order due by 4/3/2023. Ready for Trial by 5/8/2023. Jury Trial set for 5/8/2023 at 09:45 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/30/2022) (mml) (Entered: 09/30/2022) (3)
Sep 29, 2022 237 MEMORANDUM OF LAW re: Dkt. No. 231-1 publicly refiled with redactions requested in Order Dkt. No. 236. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 09/29/2022) (30)
Sep 28, 2022 236 ORDER: granting 228 Letter Motion to Seal. It is hereby ORDERED that the renewed motion to seal is GRANTED in substantial part. The redactions requested of those documents filed under seal at Dkt. No. 231 and attachments thereto, except for Dkt. No. 231-1, are granted, and only the parties and individuals identified in the Appendix to Plaintiffs' letter at Dkt. No. 232 shall have access to the unredacted versions. Filing the documents with redactions or under seal is necessary to prevent the disclosure of competitively sensitive information, including Plaintiff Tory Burch's sales and marketing figures, information about Tory Burch's marketing strategy and product cost, design and quality control and portions of a settlement agreement and subpoena responses from third parties. The potential harm to Plaintiffs if this information was disclosed to competitors outweighs the presumption of public access. It is further ORDERED that the document filed under seal at Dkt. No. 231-1, shall be publicly refiled with the redactions requested, except that Plaintiffs shall remove the redaction of the word "billions" on page 47/76 of Dkt. No. 231-1 and only the parties and individuals identified in the Appendix to Plaintiffs' letter at Dkt. No. 232 shall have access to the unredacted versions. The recent summary judgment Opinion disclosed that sales of Tory Burch merchandise have generated "billions of dollars in sales." The Court determined that this fact was important to the decision, and that its disclosure, particularly given its generalized content, outweighed Plaintiff's privacy interest in keeping that fact under seal. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 228 and to maintain all currently sealed documents under seal. (Signed by Judge Lorna G. Schofield on 9/28/2022) (ama) (Entered: 09/28/2022) (2)
Sep 27, 2022 235 OPINION AND ORDER re: 221 LETTER MOTION for Conference Regarding Proposed Motion to Strike New Arguments and Evidence Raised and Attached in Defendant's Reply Memorandum of Law in Further Support of Motion for Summary Judgment and in Opposition to Plaintiffs' filed by Tory Burch LLC, River Light V, L.P., 222 LETTER MOTION for Conference Regarding Proposed Motion to Strike New Arguments and Evidence Raised and Attached in Defendant's Reply Memorandum of Law in Further Support of Motion for Summary Judgment and in Opposition to Plaintiffs' filed by Tory Burch LLC, River Light V, L.P., 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality filed by Tory Burch LLC, River Light V, L.P., 107 MOTION for Summary Judgment filed by Olem Shoe Corp., 120 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality filed by Tory Burch LLC, River Light V, L.P., 217 LETTER MOTION for Oral Argument on the Parties' Cross-Motions for Summary Judgment, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 25, 2022 filed by Tory Burch LLC, River Light V, L.P. For the foregoing reasons, Defendant's motion for summary judgment is DENIED on all claims, except GRANTED as to the Denial of Registration Claim (the Seventh Claim for Relief). Plaintiffs' motion for summary judgment (1) on Defendant's affirmative defenses is GRANTED, except DENIED as moot as to the laches defense, which Defendant has withdrawn; (2) on Defendant's counterclaim for fraud is GRANTED and (3) on non-functionality is DENIED. Plaintiffs' motion to strike Defendant's new arguments and for a conference thereon are DENIED as moot. Plaintiffs' motion for oral argument is DENIED as moot. For clarity, the surviving claims are Plaintiffs' federal trade dress, trademark, false designation claims and the three related state law claims. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 107, 120, 164, 217, 221, 222. (Signed by Judge Lorna G. Schofield on 9/27/2022) (mml) (Entered: 09/27/2022) (28)
Sep 20, 2022 233 ORDER granting 226 Motion to Withdraw as Attorney. Application GRANTED. The Clerk of Court is respectfully directed to terminate Chante Westmoreland's receipt of ECF notifications and to close the motion at Dkt. No. 226. Attorney Chante Westmoreland terminated. (Signed by Judge Lorna G. Schofield on 9/20/2022) (ate) (Entered: 09/20/2022) (2)
Sep 20, 2022 234 ORDER granting 226 Motion to Withdraw as Attorney. Application GRANTED. The Clerk of Court is respectfully directed to terminate Chante Westmoreland's receipt of ECF notifications and to close the motion at Dkt. No. 226. Attorney Chante Westmoreland terminated. (Signed by Judge Lorna G. Schofield on 9/20/2022) (ate) (Entered: 09/20/2022) (2)
Sep 9, 2022 228 MOTION to Seal (Renewed). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 09/09/2022) (2)
Sep 9, 2022 229 MEMORANDUM OF LAW in Support re: 228 MOTION to Seal (Renewed). . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 09/09/2022) (6)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Main Document) (1)
Sep 9, 2022 231 ***SELECTED PARTIES***DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by Tory Burch LLC, River Light V, L.P., Olem Shoe Corp.. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment, # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1, # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 6 Exhibit 1 to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit 2 to DECLARATION of Natalie L. Arbaugh, # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh, # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh, # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh, # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh, # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh, # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh, # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh, # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 19 Exhibit DECLARATION of David T. Neal in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal, # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D, # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 30 Exhibit Reply Report of David Neal Ph.D.)Motion or Order to File Under Seal: 228 .(Arbaugh, Natalie) (Entered: 09/09/2022) (0)
Sep 9, 2022 232 LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated September 9, 2022 re: Further Explanation of Renewed Motion to Seal. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) (Entered: 09/09/2022) (2)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of) (24)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment o) (15)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Oppositio) (4)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente) (2)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Oppos) (19)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz) (12)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposit) (5)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted)) (7)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted)) (7)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted)) (5)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted)) (6)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted))) (4)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted)) (5)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted)) (5)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted)) (2)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Sum) (13)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTI) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant) (22)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted)) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacte) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacte) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pha) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D.) (26)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (red) (11)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary) (30)
Sep 9, 2022 230 DECLARATION of Natalie L. Arbaugh in Support re: 228 MOTION to Seal (Renewed).. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # 1 Exhibit MEMORANDUM OF LAW in Opposition re: 107 MOTION for Summary Judgment and in Support of 164 Cross-Motion For Summary Judgment (Redacted), # 2 Exhibit NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted), # 3 Exhibit RESPONSE re 110 Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts), # 4 Exhibit REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 5 Exhibit DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 6 Exhibit 1 (Redacted) to DECLARATION of Sabrina Clemente, # 7 Exhibit DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 8 Exhibit 8 (Redacted) to DECLARATION of Wendy Lang Kaplowitz, # 9 Exhibit DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 10 Exhibit Exhibit 2 to DECLARATION of Natalie L. Arbaugh (Redacted), # 11 Exhibit 3 to DECLARATION of Natalie L. Arbaugh (Redacted), # 12 Exhibit 22 to DECLARATION of Natalie L. Arbaugh (Redacted), # 13 Exhibit 25 to DECLARATION of Natalie L. Arbaugh (Redacted), # 14 Exhibit 26 to DECLARATION of Natalie L. Arbaugh (Redacted)), # 15 Exhibit 28 to DECLARATION of Natalie L. Arbaugh (Redacted), # 16 Exhibit 29 to DECLARATION of Natalie L. Arbaugh (Redacted), # 17 Exhibit 32 to DECLARATION of Natalie L. Arbaugh (Redacted), # 18 Exhibit DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (Redacted), # 19 Exhibit DECLARATION of David T. Neal (Redacted) in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 20 Exhibit DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 21 Exhibit DECLARATION of Eleanor B. Stover (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 22 Exhibit NOTICE of Expert Reports of Lenny M. Holden (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 23 Exhibit Expert Report of Lenny M. Holden in Rebuttal (redacted), # 24 Exhibit NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality, # 25 Exhibit 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (redacted), # 26 Exhibit 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 27 Exhibit Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # 28 Exhibit Exhibit 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (redacted), # 29 Exhibit NOTICE of Expert Reports of David Neal, Ph.D. re: 164 MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality (redacted), # 30 Exhibit Reply Report of David Neal Ph.D. (Redacted)).(Arbaugh, Natalie) (Entered: 09/09/2022) (Exhibit Reply Report of David Neal Ph.D. (Redacted)) (30)
Aug 17, 2022 227 ORDER denying without prejudice to renewal 121 Letter Motion to Seal; denying without prejudice to renewal by formal motion 165 Letter Motion to Seal; denying without prejudice to renewal by formal motion 218 Letter Motion to Seal. It is hereby ORDERED that the motion to seal is DENIED without prejudice to renewal. "The common law right of public access to judicial documents is firmly rooted in our nations history," this right is not absolute, and courts must balance competing considerations against the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ([T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). The documents and portions thereof that Plaintiffs seek to seal or redact appear to encompass all discovery material quoted or described that was designated "confidential" or "highly confidential." The parties confidentiality designations are not dispositive of whether the publics right of access to judicial documents overcomes competing considerations, such as the need to protect competitively sensitive information. It is furtherORDERED that Plaintiffs shall file, by September 9, 2022, a renewed motion to seal any materials that Plaintiffs seek to maintain under seal. Plaintiffs shall attach to that motion -- or to a declaration -- redacted versions of any previously redacted or sealed documents for which Plaintiffs consent to narrower redactions than those previously filed. Plaintiffs shall also file under seal unredacted versions of those documents, with the redacted portions highlighted. Plaintiffs shall support each request to redact or maintain information under seal with the basis for the request. To the extent a further explanation is required, counsel may file a letter with such further explanation or argument.The Clerk of Court is respectfully directed to close motions at Dkt. Nos. 121, 165 and 218. The Clerk of Court is respectfully directed to maintain all currently sealed documents under seal pending a possible renewed motion to seal by Plaintiffs. (Signed by Judge Lorna G. Schofield on 8/17/2022) (mml) Modified on 8/17/2022 (mml). (Entered: 08/17/2022) (2)
Jun 14, 2022 226 Main Document (2)
Docket Text: MOTION for Chante B. Westmoreland to Withdraw as Attorney . Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Text of Proposed Order - Proposed Order).(Westmoreland, Chante)
Jun 14, 2022 226 Text of Proposed Order - Proposed Order (2)
Apr 4, 2022 225 Reply to Response to Motion (3)
Docket Text: LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated April 4, 2022 re: [221] LETTER MOTION for Conference Regarding Proposed Motion to Strike New Arguments and Evidence Raised and Attached in Defendant's Reply Memorandum of Law in Further Support of Motion for Summary Judgment and in Opposition to Plaintiffs' Cr . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 31, 2022 223 Response to Motion (4)
Docket Text: LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated March 31, 2022 re: [222] LETTER MOTION for Conference Regarding Proposed Motion to Strike New Arguments and Evidence Raised and Attached in Defendant's Reply Memorandum of Law in Further Support of Motion for Summary Judgment and in Opposition to Plaintiffs' Cr . Document filed by Olem Shoe Corp...(Kaufman, Mark)
Mar 25, 2022 217 Motion for Oral Argument (1)
Docket Text: LETTER MOTION for Oral Argument on the Parties' Cross-Motions for Summary Judgment, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 25, 2022. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 25, 2022 218 Motion to Seal (3)
Docket Text: LETTER MOTION to Seal Plaintiffs' Reply Memorandum in Further Support of Cross-Motion for Summary Judgment and Letter Regarding Proposed Motion to Strike, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 25, 2022. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 25, 2022 220 Reply Memorandum of Law in Support of Motion (15)
Docket Text: REPLY MEMORANDUM OF LAW in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. (Redacted). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 25, 2022 222 Motion for Conference (4)
Docket Text: LETTER MOTION for Conference Regarding Proposed Motion to Strike New Arguments and Evidence Raised and Attached in Defendant's Reply Memorandum of Law in Further Support of Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment (Dkt. 203) (Redacted), addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 25, 2022. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 24, 2022 215 Notice (Other) (24)
Docket Text: NOTICE of Corrected Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment Pursuant to Local Civil Rule 56.1 (Redacted) re: [195] Rule 56.1 Statement. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 23, 2022 214 Order on Motion for Leave to File Document (2)
Docket Text: ORDER granting [212] Letter Motion for Leave to File Document; granting [213] Letter Motion for Leave to File Document. Application GRANTED. Plaintiffs may file a clearly labeled, corrected version of the Rule 56.1 Statement. Plaintiffs shall file any sealed documents in accordance with the Court's Individual Rules. (Signed by Judge Lorna G. Schofield on 3/23/2022) (ate)
Mar 22, 2022 212 Main Document (2)
Docket Text: LETTER MOTION for Leave to File Corrected Version of Rule 56.1 Statement (Dkts. 195 and 194) addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 22, 2022. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Proposed Corrected Rule 56.1 Statement (Redacted)).(Arbaugh, Natalie)
Mar 22, 2022 212 Proposed Corrected Rule 56.1 Statement (Redacted) (24)
Feb 28, 2022 202 Reply Memorandum of Law in Support of Motion (30)
Docket Text: REPLY MEMORANDUM OF LAW in Support re: [107] MOTION for Summary Judgment . and in opposition to Cross-Motion for Summary Judgment as to Counterclaim and Certain Affirmative Defenses [164]. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Feb 28, 2022 204 Main Document (4)
Docket Text: REPLY AFFIRMATION of Mark S. Kaufman in Support re: [107] MOTION for Summary Judgment .. Document filed by Olem Shoe Corp.. (Attachments: # (1) Exhibit A- Olem Logo USPTO documents and certificate of registration, # (2) Exhibit E - TT Logo, '795 USPTO documents, # (3) Exhibit G - TT Logo, '326 USPTO documents, # (4) Exhibit I - Tory Burch demand letter to Taylor'd for You Boutique).(Kaufman, Mark)
Feb 28, 2022 204 Exhibit A- Olem Logo USPTO documents and certificate of registration (15)
Feb 28, 2022 204 Exhibit E - TT Logo, '795 USPTO documents (12)
Feb 28, 2022 204 Exhibit G - TT Logo, '326 USPTO documents (9)
Feb 28, 2022 204 Exhibit I - Tory Burch demand letter to Taylor'd for You Boutique (3)
Feb 28, 2022 208 Rule 56.1 Statement (30)
Docket Text: RULE 56.1 STATEMENT. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Feb 28, 2022 210 Rule 56.1 Statement (30)
Docket Text: RULE 56.1 STATEMENT. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Feb 7, 2022 N/A Case Redesignation (0)
Docket Text: Magistrate Judge Jennifer Willis is so redesignated. (wb)
Feb 7, 2022 201 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text: ORDER granting in part [198] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. Application granted in part. Defendant's deadline to file its reply and opposition to Plaintiffs' cross-motion for summary judgment is extended to February 28, 2022. Plaintiffs' deadline to file their reply in support of their cross-motion is extended to March 25, 2022. Responses due by 2/28/2022 Replies due by 3/25/2022. (Signed by Judge Lorna G. Schofield on 2/7/2022) (mml)
Feb 4, 2022 198 Motion for Extension of Time to File Response/Reply (1)
Docket Text: FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. and Reply in further support of Defendant's motion for summary judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated 2/4/2022. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Feb 4, 2022 199 Response in Opposition to Motion (2)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated February 4, 2022 re: [198] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. and . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Feb 4, 2022 200 Reply to Response to Motion (1)
Docket Text: LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated 2/4/2022 re: [198] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. and Reply in further support of Olem's Motion for Summary Judgment. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Jan 27, 2022 164 Motion for Summary Judgment (2)
Docket Text: MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 165 Motion to Seal (3)
Docket Text: LETTER MOTION to Seal Limited Portions of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment and Portions of Certain Supporting Declarations and Exhibits, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 27, 2022. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 167 Main Document (4)
Docket Text: DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Filed Under Seal)).(Arbaugh, Natalie)
Jan 27, 2022 167 Exhibit 1 (Filed Under Seal) (2)
Jan 27, 2022 168 Main Document (4)
Docket Text: DECLARATION of Social Media Information, LLC in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3).(Arbaugh, Natalie)
Jan 27, 2022 168 Exhibit 2 (4)
Jan 27, 2022 168 Exhibit 3 (4)
Jan 27, 2022 169 Declaration in Support of Motion (2)
Docket Text: DECLARATION of Brigitte Kleine in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 171 Main Document (19)
Docket Text: DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7 (Filed Under Seal), # (8) Exhibit 8 (Filed Under Seal)).(Arbaugh, Natalie)
Jan 27, 2022 171 Exhibit 1 (3)
Jan 27, 2022 171 Exhibit 2 (2)
Jan 27, 2022 171 Exhibit 3 (4)
Jan 27, 2022 171 Exhibit 4 (2)
Jan 27, 2022 171 Exhibit 5 (6)
Jan 27, 2022 171 Exhibit 6 (7)
Jan 27, 2022 171 Exhibit 7 (Filed Under Seal) (1)
Jan 27, 2022 171 Exhibit 8 (Filed Under Seal) (1)
Jan 27, 2022 173 Main Document (5)
Docket Text: DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2 (Redacted), # (3) Exhibit 3 (Redacted), # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6 (Filed Under Seal), # (7) Exhibit 7 (Filed Under Seal), # (8) Exhibit 8 (Filed Under Seal), # (9) Exhibit 9 (Filed Under Seal), # (10) Exhibit 10 (Filed Under Seal), # (11) Exhibit 11 (Filed Under Seal), # (12) Exhibit 12 (Filed Under Seal), # (13) Exhibit 13 (Filed Under Seal), # (14) Exhibit 14 (Filed Under Seal), # (15) Exhibit 15 (Filed Under Seal), # (16) Exhibit 16 (Filed Under Seal), # (17) Exhibit 17 (Filed Under Seal), # (18) Exhibit 18 (Filed Under Seal), # (19) Exhibit 19 (Filed Under Seal), # (20) Exhibit 20 (Filed Under Seal), # (21) Exhibit 21 (Filed Under Seal), # (22) Exhibit 22 (Filed Under Seal), # (23) Exhibit 23 (Filed Under Seal), # (24) Exhibit 24 (Filed Under Seal), # (25) Exhibit 25 (Redacted), # (26) Exhibit 26 (Filed Under Seal), # (27) Exhibit 27 (Filed Under Seal), # (28) Exhibit 28 (Redacted), # (29) Exhibit 29 (Filed Under Seal), # (30) Exhibit 30 (Redacted), # (31) Exhibit 31, # (32) Exhibit 32 (Redacted), # (33) Exhibit 33 (Filed Under Seal)).(Arbaugh, Natalie)
Jan 27, 2022 173 Exhibit 1 (4)
Jan 27, 2022 173 Exhibit 2 (Redacted) (7)
Jan 27, 2022 173 Exhibit 3 (Redacted) (7)
Jan 27, 2022 173 Exhibit 4 (2)
Jan 27, 2022 173 Exhibit 5 (3)
Jan 27, 2022 173 Exhibit 6 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 7 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 8 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 9 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 10 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 11 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 12 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 13 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 14 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 15 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 16 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 17 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 18 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 19 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 20 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 21 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 22 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 23 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 24 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 25 (Redacted) (6)
Jan 27, 2022 173 Exhibit 26 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 27 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 28 (Redacted) (5)
Jan 27, 2022 173 Exhibit 29 (Filed Under Seal) (1)
Jan 27, 2022 173 Exhibit 30 (Redacted) (2)
Jan 27, 2022 173 Exhibit 31 (3)
Jan 27, 2022 173 Exhibit 32 (Redacted) (2)
Jan 27, 2022 173 Exhibit 33 (Filed Under Seal) (1)
Jan 27, 2022 175 Main Document (22)
Docket Text: DECLARATION of Eleanor B. Stover in Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Redacted), # (2) Exhibit 2, # (3) Exhibit 3 (Filed Under Seal), # (4) Exhibit 4 (Redacted), # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Arbaugh, Natalie)
Jan 27, 2022 175 Exhibit 1 (Redacted) (9)
Jan 27, 2022 175 Exhibit 2 (16)
Jan 27, 2022 175 Exhibit 3 (Filed Under Seal) (1)
Jan 27, 2022 175 Exhibit 4 (Redacted) (6)
Jan 27, 2022 175 Exhibit 5 (6)
Jan 27, 2022 175 Exhibit 6 (10)
Jan 27, 2022 175 Exhibit 7 (7)
Jan 27, 2022 175 Exhibit 8 (24)
Jan 27, 2022 177 Main Document (47)
Docket Text: NOTICE of Expert Reports of David Neal, Ph.D. re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Reply Report of David Neal Ph.D.).(Arbaugh, Natalie)
Jan 27, 2022 177 Reply Report of David Neal Ph.D. (37)
Jan 27, 2022 179 Main Document (69)
Docket Text: NOTICE of Expert Reports of Hal Poret (Redacted) re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Supplemental Expert Report of Hal Poret (Redacted)).(Arbaugh, Natalie)
Jan 27, 2022 179 Supplemental Expert Report of Hal Poret (Redacted) (36)
Jan 27, 2022 181 Main Document (80)
Docket Text: NOTICE of Expert Reports of Professor (Michel) Tuan Pham, Ph.D. (Redacted) re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibits 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (2) Exhibit 7 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (3) Exhibits 8 - 11 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (4) Exhibit 12 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (5) Exhibits 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (6) Exhibit 28 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (7) Exhibits 30 - 31, 40, 46 to Expert Report of Professor (Michel) Tuan Pham, Ph.D., # (8) Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (9) Exhibits 1 - 2 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (10) Exhibits 3 - 4 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (11) Exhibit 5 part 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (12) Exhibit 5 part 2 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (13) Exhibit 5 part 3 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (14) Exhibit 5 part 4 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (15) Exhibit 5 part 5 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (16) Exhibit 5 part 6 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (17) Exhibit 5 part 7 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (18) Exhibit 5 part 8 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (19) Exhibit 5 part 9 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (20) Exhibit 5 part 10 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (21) Exhibit 6 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D., # (22) Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (23) Exhibit 1 part 1 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (24) Exhibit 1 part 2 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (25) Exhibit 1 part 3 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (26) Exhibit 1 part 4 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (27) Exhibit 1 part 5 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (28) Exhibit 1 part 6 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (29) Exhibit 1 part 7 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (30) Exhibit 1 part 8 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (31) Exhibit 2 part 1 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (32) Exhibit 2 part 2 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (33) Exhibit 2 part 3 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (34) Exhibit 2 part 4 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D., # (35) Exhibit 4 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D.).(Arbaugh, Natalie)
Jan 27, 2022 181 Exhibits 1 - 4, 6 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (37)
Jan 27, 2022 181 Exhibit 7 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (10)
Jan 27, 2022 181 Exhibits 8 - 11 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (61)
Jan 27, 2022 181 Exhibit 12 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (27)
Jan 27, 2022 181 Exhibits 17, 20, 23 - 24, 26 - 27 to Expert Report of Professor (Michel) Tuan P (39)
Jan 27, 2022 181 Exhibit 28 to Expert Report of Professor (Michel) Tuan Pham, Ph.D. (9)
Jan 27, 2022 181 Exhibits 30 - 31, 40, 46 to Expert Report of Professor (Michel) Tuan Pham, Ph.D (17)
Jan 27, 2022 181 Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (26)
Jan 27, 2022 181 Exhibits 1 - 2 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (2)
Jan 27, 2022 181 Exhibits 3 - 4 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (31)
Jan 27, 2022 181 Exhibit 5 part 1 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (63)
Jan 27, 2022 181 Exhibit 5 part 2 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (24)
Jan 27, 2022 181 Exhibit 5 part 3 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (34)
Jan 27, 2022 181 Exhibit 5 part 4 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (39)
Jan 27, 2022 181 Exhibit 5 part 5 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (52)
Jan 27, 2022 181 Exhibit 5 part 6 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (43)
Jan 27, 2022 181 Exhibit 5 part 7 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (77)
Jan 27, 2022 181 Exhibit 5 part 8 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (58)
Jan 27, 2022 181 Exhibit 5 part 9 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (26)
Jan 27, 2022 181 Exhibit 5 part 10 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (10)
Jan 27, 2022 181 Exhibit 6 to Rebuttal Report of Professor (Michel) Tuan Pham, Ph.D. (3)
Jan 27, 2022 181 Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (8)
Jan 27, 2022 181 Exhibit 1 part 1 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (15)
Jan 27, 2022 181 Exhibit 1 part 2 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (16)
Jan 27, 2022 181 Exhibit 1 part 3 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (16)
Jan 27, 2022 181 Exhibit 1 part 4 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (16)
Jan 27, 2022 181 Exhibit 1 part 5 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (16)
Jan 27, 2022 181 Exhibit 1 part 6 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (16)
Jan 27, 2022 181 Exhibit 1 part 7 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (13)
Jan 27, 2022 181 Exhibit 1 part 8 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (14)
Jan 27, 2022 181 Exhibit 2 part 1 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (120)
Jan 27, 2022 181 Exhibit 2 part 2 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (89)
Jan 27, 2022 181 Exhibit 2 part 3 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (77)
Jan 27, 2022 181 Exhibit 2 part 4 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (9)
Jan 27, 2022 181 Exhibit 4 to Supplementary Report of Professor (Michel) Tuan Pham, Ph.D. (2)
Jan 27, 2022 183 Declaration in Support of Motion (13)
Docket Text: DECLARATION of David T. Neal (Redacted) in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 185 Declaration in Support of Motion (13)
Docket Text: DECLARATION of Hal L. Poret (Redacted) in Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 187 Main Document (118)
Docket Text: NOTICE of Expert Reports of Lenny M. Holden (Redacted) re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit A to Expert Report of Lenny M. Holden, # (2) Expert Report of Lenny M. Holden in Rebuttal (Redacted)).(Arbaugh, Natalie)
Jan 27, 2022 187 Exhibit A to Expert Report of Lenny M. Holden (4)
Jan 27, 2022 187 Expert Report of Lenny M. Holden in Rebuttal (Redacted) (33)
Jan 27, 2022 189 Declaration in Support of Motion (30)
Docket Text: DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 191 Memorandum of Law in Opposition to Motion (30)
Docket Text: MEMORANDUM OF LAW in Opposition re: [107] MOTION for Summary Judgment . and in Support of [164] Cross-Motion For Summary Judgment (Redacted). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 193 Declaration in Support of Motion (30)
Docket Text: DECLARATION of Dr. (Michel) Tuan Pham (Redacted) in Support re: [164] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 195 Rule 56.1 Statement (24)
Docket Text: RULE 56.1 STATEMENT. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 27, 2022 197 Response (30)
Docket Text: RESPONSE re: [110] Brief (Plaintiffs' Response to Defendant's F.R.C.P. 56(a)(1) Statement of Undisputed Facts) (Redacted). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 26, 2022 162 Letter (2)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Natalie Arbaugh dated January 26, 2022 re: Resp. to Dkt. 161. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 26, 2022 163 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [162] Letter filed by Tory Burch LLC, River Light V, L.P.. ENDORSEMENT: Application granted in part. Each side may file up to a total of 225 pages of exhibits. The exhibits shall include (but are not limited to) critical excerpts of the expert reports attached to the declarations. The parties may file separately the expert reports in full, which will not count towards the 225-page limit. Plaintiff's request for a conference is denied. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/26/2022) (kv)
Jan 25, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Responses due by 2/18/2022 Replies due by 3/4/2022. (mml)
Jan 25, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Responses due by 1/27/2022. (mml)
Jan 25, 2022 159 Motion for Leave to File Document (2)
Docket Text: LETTER MOTION for Leave to File motion to strike Plaintiffs' untimely motion documents addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated January 25, 2022. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Jan 25, 2022 160 Order on Motion for Leave to File Document (2)
Docket Text: ORDER granting in part [159] Letter Motion for Leave to File Document. Application granted in part. Defendant's deadline to file its reply and opposition to Plaintiffs' cross-motion for summary judgment is extended to February 18, 2022. Plaintiffs' deadline to file their reply in support of their cross-motion is extended to March 4, 2022. Defendant shall adhere to the page limits set forth in Dkt. Nos. 115 and 119. (Signed by Judge Lorna G. Schofield on 1/25/2022) (mml)
Jan 25, 2022 161 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [146] Letter, filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: By January 27, 2022, Plaintiffs shall refile their Response to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment in compliance with the Court's order at Dkt. No. 119, or file a letter stating that the Court should disregard the last 41 pages of the exhibits filed. So Ordered. (Signed by Judge Lorna G. Schofield on 1/25/2022) (mml)
Jan 24, 2022 146 Letter (2)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Natalie Arbaugh dated January 24, 2022 re: Request to Exceed Limits of Exhibits and Affidavits in Support of Summary Judgment. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 24, 2022 147 Main Document (4)
Docket Text: DECLARATION of Hal L. Poret in Opposition to Defendant's Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Redacted), # (2) Exhibit 2 (Redacted)).(Arbaugh, Natalie)
Jan 24, 2022 147 Exhibit 1 (Redacted) (70)
Jan 24, 2022 147 Exhibit 2 (Redacted) (37)
Jan 24, 2022 148 Main Document (22)
Docket Text: DECLARATION of Eleanor B. Stover in Opposition to Defendant's Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Redacted), # (2) Exhibit 2, # (3) Exhibit 3 (Filed Under Seal), # (4) Exhibit 4 (Redacted), # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Arbaugh, Natalie)
Jan 24, 2022 148 Exhibit 1 (Redacted) (9)
Jan 24, 2022 148 Exhibit 2 (20)
Jan 24, 2022 148 Exhibit 3 (Filed Under Seal) (1)
Jan 24, 2022 148 Exhibit 4 (Redacted) (6)
Jan 24, 2022 148 Exhibit 5 (6)
Jan 24, 2022 148 Exhibit 6 (10)
Jan 24, 2022 148 Exhibit 7 (7)
Jan 24, 2022 148 Exhibit 8 (24)
Jan 24, 2022 151 Rule 56.1 Statement (24)
Docket Text: RULE 56.1 STATEMENT. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 24, 2022 153 Main Document (5)
Docket Text: DECLARATION of Natalie L. Arbaugh in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2 (Redacted), # (3) Exhibit 3 (Redacted), # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6 (Filed Under Seal), # (7) Exhibit 7 (Filed Under Seal), # (8) Exhibit 8 (Filed Under Seal), # (9) Exhibit 9 (Filed Under Seal), # (10) Exhibit 10 (Filed Under Seal), # (11) Exhibit 11 (Filed Under Seal), # (12) Exhibit 12 (Filed Under Seal), # (13) Exhibit 13 (Filed Under Seal), # (14) Exhibit 14 (Filed Under Seal), # (15) Exhibit 15 (Filed Under Seal), # (16) Exhibit 16 (Filed Under Seal), # (17) Exhibit 17 (Filed Under Seal), # (18) Exhibit 18 (Filed Under Seal), # (19) Exhibit 19 (Filed Under Seal), # (20) Exhibit 20 (Filed Under Seal), # (21) Exhibit 21 (Filed Under Seal), # (22) Exhibit 22 (Filed Under Seal), # (23) Exhibit 23 (Filed Under Seal), # (24) Exhibit 24 (Filed Under Seal), # (25) Exhibit 25 (Redacted), # (26) Exhibit 26 (Filed Under Seal), # (27) Exhibit 27 (Filed Under Seal), # (28) Exhibit 28 (Redacted), # (29) Exhibit 29 (Filed Under Seal), # (30) Exhibit 30 (Redacted), # (31) Exhibit 31 (Redacted), # (32) Exhibit 32, # (33) Exhibit 33 (Redacted), # (34) Exhibit 34 (Filed Under Seal)).(Arbaugh, Natalie)
Jan 24, 2022 153 Exhibit 1 (4)
Jan 24, 2022 153 Exhibit 2 (Redacted) (8)
Jan 24, 2022 153 Exhibit 3 (Redacted) (8)
Jan 24, 2022 153 Exhibit 4 (2)
Jan 24, 2022 153 Exhibit 5 (5)
Jan 24, 2022 153 Exhibit 6 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 7 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 8 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 9 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 10 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 11 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 12 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 13 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 14 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 15 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 16 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 17 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 18 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 19 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 20 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 21 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 22 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 23 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 24 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 25 (Redacted) (7)
Jan 24, 2022 153 Exhibit 26 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 27 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 28 (Redacted) (6)
Jan 24, 2022 153 Exhibit 29 (Filed Under Seal) (1)
Jan 24, 2022 153 Exhibit 30 (Redacted) (3)
Jan 24, 2022 153 Exhibit 31 (Redacted) (5)
Jan 24, 2022 153 Exhibit 32 (4)
Jan 24, 2022 153 Exhibit 33 (Redacted) (3)
Jan 24, 2022 153 Exhibit 34 (Filed Under Seal) (1)
Jan 24, 2022 155 Counter Statement to Rule 56.1 (30)
Docket Text: COUNTER STATEMENT TO Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 24, 2022 157 Memorandum of Law in Opposition to Motion (30)
Docket Text: MEMORANDUM OF LAW in Opposition re: [107] MOTION for Summary Judgment . and in Support of Cross-Motion For Summary Judgment (Redacted). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 22, 2022 129 Rule 56.1 Statement (24)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE #151)RULE 56.1 STATEMENT. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) Modified on 1/25/2022 (kj).
Jan 22, 2022 131 Main Document (3)
Docket Text: DECLARATION of Dr. Michel Tuan Pham in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Redacted), # (2) Exhibit 1 part 2, # (3) Exhibit 1 part 3, # (4) Exhibit 1 part 4, # (5) Exhibit 1 part 5, # (6) Exhibit 1 part 6, # (7) Exhibit 1 part 7, # (8) Exhibit 1 part 8, # (9) Exhibit 2 (Redacted), # (10) Exhibit 2 part 2 (Filed Under Seal), # (11) Exhibit 2 part 3, # (12) Exhibit 2 part 4, # (13) Exhibit 2 part 5, # (14) Exhibit 2 part 6, # (15) Exhibit 2 part 7, # (16) Exhibit 2 part 8, # (17) Exhibit 2 part 9, # (18) Exhibit 2 part 10, # (19) Exhibit 2 part 11, # (20) Exhibit 2 part 12, # (21) Exhibit 2 part 13, # (22) Exhibit 3, # (23) Exhibit 3 part 2, # (24) Exhibit 3 part 3, # (25) Exhibit 3 part 4, # (26) Exhibit 3 part 5, # (27) Exhibit 3 part 6, # (28) Exhibit 3 part 7, # (29) Exhibit 3 part 8, # (30) Exhibit 3 part 9, # (31) Exhibit 3 part 10, # (32) Exhibit 3 part 11, # (33) Exhibit 3 part 12).(Arbaugh, Natalie)
Jan 22, 2022 131 Exhibit 1 (Redacted) (81)
Jan 22, 2022 131 Exhibit 1 part 2 (37)
Jan 22, 2022 131 Exhibit 1 part 3 (10)
Jan 22, 2022 131 Exhibit 1 part 4 (61)
Jan 22, 2022 131 Exhibit 1 part 5 (27)
Jan 22, 2022 131 Exhibit 1 part 6 (39)
Jan 22, 2022 131 Exhibit 1 part 7 (9)
Jan 22, 2022 131 Exhibit 1 part 8 (17)
Jan 22, 2022 131 Exhibit 2 (Redacted) (27)
Jan 22, 2022 131 Exhibit 2 part 2 (Filed Under Seal) (2)
Jan 22, 2022 131 Exhibit 2 part 3 (31)
Jan 22, 2022 131 Exhibit 2 part 4 (50)
Jan 22, 2022 131 Exhibit 2 part 5 (25)
Jan 22, 2022 131 Exhibit 2 part 6 (26)
Jan 22, 2022 131 Exhibit 2 part 7 (50)
Jan 22, 2022 131 Exhibit 2 part 8 (50)
Jan 22, 2022 131 Exhibit 2 part 9 (50)
Jan 22, 2022 131 Exhibit 2 part 10 (50)
Jan 22, 2022 131 Exhibit 2 part 11 (50)
Jan 22, 2022 131 Exhibit 2 part 12 (48)
Jan 22, 2022 131 Exhibit 2 part 13 (20)
Jan 22, 2022 131 Exhibit 3 (9)
Jan 22, 2022 131 Exhibit 3 part 2 (14)
Jan 22, 2022 131 Exhibit 3 part 3 (15)
Jan 22, 2022 131 Exhibit 3 part 4 (15)
Jan 22, 2022 131 Exhibit 3 part 5 (15)
Jan 22, 2022 131 Exhibit 3 part 6 (15)
Jan 22, 2022 131 Exhibit 3 part 7 (15)
Jan 22, 2022 131 Exhibit 3 part 8 (12)
Jan 22, 2022 131 Exhibit 3 part 9 (13)
Jan 22, 2022 131 Exhibit 3 part 10 (119)
Jan 22, 2022 131 Exhibit 3 part 11 (80)
Jan 22, 2022 131 Exhibit 3 part 12 (94)
Jan 22, 2022 132 Main Document (22)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY -(SEE #148)DECLARATION of ELEANOR B. STOVER in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 - Under Seal, # (2) Exhibit 2, # (3) Exhibit 3 - Under Seal, # (4) Exhibit 4 - Under Seal, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8).(Arbaugh, Natalie) Modified on 1/25/2022 (kj).
Jan 22, 2022 132 Exhibit 1 - Under Seal (1)
Jan 22, 2022 132 Exhibit 2 (20)
Jan 22, 2022 132 Exhibit 3 - Under Seal (1)
Jan 22, 2022 132 Exhibit 4 - Under Seal (1)
Jan 22, 2022 132 Exhibit 5 (6)
Jan 22, 2022 132 Exhibit 6 (10)
Jan 22, 2022 132 Exhibit 7 (7)
Jan 22, 2022 132 Exhibit 8 (24)
Jan 22, 2022 135 Main Document (4)
Docket Text: DECLARATION of Sabrina Clemente in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Filed Under Seal)).(Arbaugh, Natalie)
Jan 22, 2022 135 Exhibit 1 (Filed Under Seal) (1)
Jan 22, 2022 137 Counter Statement to Rule 56.1 (30)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE #155)COUNTER STATEMENT TO Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) Modified on 1/25/2022 (kj).
Jan 22, 2022 142 Main Document (5)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE #153)DECLARATION of Natalie L. Arbaugh in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6 - Under Seal, # (7) Exhibit 7 - Under Seal, # (8) Exhibit 8 - Under Seal, # (9) Exhibit 9 - Under Seal, # (10) Exhibit 10 - Under Seal, # (11) Exhibit 11 - Under Seal, # (12) Exhibit 12 - Under Seal, # (13) Exhibit 13 - Under Seal, # (14) Exhibit 14 - Under Seal, # (15) Exhibit 15 - Under Seal, # (16) Exhibit 16 - Under Seal, # (17) Exhibit 17 - Under Seal, # (18) Exhibit 18 - Under Seal, # (19) Exhibit 19 - Under Seal, # (20) Exhibit 20 - Under Seal, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34).(Arbaugh, Natalie) Modified on 1/25/2022 (kj).
Jan 22, 2022 142 Exhibit 1 (4)
Jan 22, 2022 142 *Restricted* (4)
Jan 22, 2022 142 *Restricted* (4)
Jan 22, 2022 142 Exhibit 4 (2)
Jan 22, 2022 142 Exhibit 5 (5)
Jan 22, 2022 142 Exhibit 6 - Under Seal (1)
Jan 22, 2022 142 Exhibit 7 - Under Seal (1)
Jan 22, 2022 142 Exhibit 8 - Under Seal (1)
Jan 22, 2022 142 Exhibit 9 - Under Seal (1)
Jan 22, 2022 142 Exhibit 10 - Under Seal (1)
Jan 22, 2022 142 Exhibit 11 - Under Seal (1)
Jan 22, 2022 142 Exhibit 12 - Under Seal (1)
Jan 22, 2022 142 Exhibit 13 - Under Seal (1)
Jan 22, 2022 142 Exhibit 14 - Under Seal (1)
Jan 22, 2022 142 Exhibit 15 - Under Seal (1)
Jan 22, 2022 142 Exhibit 16 - Under Seal (1)
Jan 22, 2022 142 Exhibit 17 - Under Seal (1)
Jan 22, 2022 142 Exhibit 18 - Under Seal (1)
Jan 22, 2022 142 Exhibit 19 - Under Seal (1)
Jan 22, 2022 142 Exhibit 20 - Under Seal (1)
Jan 22, 2022 142 Exhibit 21 (1)
Jan 22, 2022 142 Exhibit 22 (1)
Jan 22, 2022 142 Exhibit 23 (1)
Jan 22, 2022 142 Exhibit 24 (1)
Jan 22, 2022 142 Exhibit 25 (7)
Jan 22, 2022 142 Exhibit 26 (1)
Jan 22, 2022 142 Exhibit 27 (1)
Jan 22, 2022 142 Exhibit 28 (6)
Jan 22, 2022 142 Exhibit 29 (1)
Jan 22, 2022 142 Exhibit 30 (3)
Jan 22, 2022 142 Exhibit 31 (5)
Jan 22, 2022 142 Exhibit 32 (4)
Jan 22, 2022 142 Exhibit 33 (3)
Jan 22, 2022 142 Exhibit 34 (1)
Jan 21, 2022 120 Motion for Summary Judgment (2)
Docket Text: MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 21, 2022 121 Motion to Seal (3)
Docket Text: LETTER MOTION to Seal Limited Portions of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment and Portions of Certain Supporting Declarations and Exhibits, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 21, 2022. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 21, 2022 122 Main Document (3)
Docket Text: DECLARATION of Lenny Holden in Opposition to Defendant's Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Redacted), # (2) Exhibit 2 (Redacted), # (3) Exhibit 3).(Arbaugh, Natalie)
Jan 21, 2022 122 Exhibit 1 (Redacted) (122)
Jan 21, 2022 122 Exhibit 2 (Redacted) (33)
Jan 21, 2022 122 Exhibit 3 (4)
Jan 21, 2022 123 Main Document (19)
Docket Text: DECLARATION of Wendy Lang Kaplowitz in Support of Plaintiffs' Opposition to Defendants Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7 (Filed Under Seal), # (8) Exhibit 8 (Filed Under Seal)).(Arbaugh, Natalie)
Jan 21, 2022 123 Exhibit 1 (3)
Jan 21, 2022 123 Exhibit 2 (2)
Jan 21, 2022 123 Exhibit 3 (4)
Jan 21, 2022 123 Exhibit 4 (2)
Jan 21, 2022 123 Exhibit 5 (9)
Jan 21, 2022 123 Exhibit 6 (7)
Jan 21, 2022 123 Exhibit 7 (Filed Under Seal) (1)
Jan 21, 2022 123 Exhibit 8 (Filed Under Seal) (1)
Jan 21, 2022 124 Declaration in Support of Motion (2)
Docket Text: DECLARATION of Brigitte Kleine in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 21, 2022 125 Main Document (4)
Docket Text: DECLARATION of Social Media Information, LLC in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3).(Arbaugh, Natalie)
Jan 21, 2022 125 Exhibit 2 (4)
Jan 21, 2022 125 Exhibit 3 (4)
Jan 21, 2022 126 Main Document (3)
Docket Text: DECLARATION of David T. Neal in Support re: [120] MOTION for Summary Judgment on Defendant's Counterclaim and Certain Affirmative Defenses and Cross-Motion for Summary Judgment on Non-Functionality.. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 (Redacted), # (2) Exhibit 2 (Redacted)).(Arbaugh, Natalie)
Jan 21, 2022 126 Exhibit 1 (Redacted) (48)
Jan 21, 2022 126 Exhibit 2 (Redacted) (38)
Jan 19, 2022 119 Memo Endorsement (3)
Docket Text: MEMO ENDORSEMENT on re: [118] Letter, filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: Application granted in part. Each party may file up to ten declarations, and the declarations may not exceed 200 pages in total. Each party may file up to a total of 225 pages of exhibits without limitations to the number of exhibits or the number of pages of each exhibit. (Signed by Judge Lorna G. Schofield on 1/19/2022) (mml)
Jan 18, 2022 118 Letter (3)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 18, 2022 re: Request to Exceed Limits of Exhibits and Affidavits in Support of Summary Judgment. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 14, 2022 117 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT: on re: [116] Letter filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: The parties are advised that there are no formal page limits for Responses to the moving party's Rule 56.1 Statements. (Signed by Judge Lorna G. Schofield on 1/14/2022) (ama)
Jan 13, 2022 114 Response (1)
Docket Text: RESPONSE re: [113] Letter . Document filed by Olem Shoe Corp...(Kaufman, Mark)
Jan 13, 2022 115 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [113] Letter filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: Application GRANTED. Plaintiffs' and Defendant's total page numbers for the cross-summary judgment motions shall not exceed seventy-five pages. Plaintiffs may file exhibits described in this letter in excess of fifteen pages. So Ordered. (Signed by Judge Lorna G. Schofield on 1/13/2022) (mml)
Jan 13, 2022 116 Letter (2)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 13, 2022 re: Request for Clarification on Rule 56.1 Statement. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 12, 2022 113 Letter (2)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 12, 2022 re: Permission to Exceed Page Restriction. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Dec 17, 2021 106 Letter (1)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated December 17, 2021 re: Status Letter. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Dec 17, 2021 107 Motion for Summary Judgment (3)
Docket Text: MOTION for Summary Judgment . Document filed by Olem Shoe Corp.. Responses due by 12/21/2022.(Kaufman, Mark)
Dec 17, 2021 108 Memorandum of Law in Support of Motion (28)
Docket Text: MEMORANDUM OF LAW in Support re: [107] MOTION for Summary Judgment . . Document filed by Olem Shoe Corp...(Kaufman, Mark)
Dec 17, 2021 109 Main Document (3)
Docket Text: DECLARATION of Bernardo Burstein in Support re: [107] MOTION for Summary Judgment .. Document filed by Olem Shoe Corp.. (Attachments: # (1) Exhibit A - Bernardo Moolah Sandal, # (2) Exhibit B - Nordstrom Response to Subpoena, # (3) Exhibit C - Lily-13 sandal, # (4) Exhibit D - Limit sandals, # (5) Exhibit E - Julio Acosta depo and "born" dates of sandal designs, # (6) Exhibit F - Limit 24 and Limit 28 sandals, # (7) Exhibit G - Dupes of Tory Burch Miller sandal, # (8) Exhibit H - Amazon reviews of Pierre Dumas sandals, # (9) Exhibit i - excerpts from USPTO application file for Olem's medallion design).(Kaufman, Mark)
Dec 17, 2021 109 Exhibit A - Bernardo Moolah Sandal (6)
Dec 17, 2021 109 Exhibit B - Nordstrom Response to Subpoena (13)
Dec 17, 2021 109 Exhibit C - Lily-13 sandal (2)
Dec 17, 2021 109 Exhibit D - Limit sandals (9)
Dec 17, 2021 109 Exhibit E - Julio Acosta depo and "born" dates of sandal designs (6)
Dec 17, 2021 109 Exhibit F - Limit 24 and Limit 28 sandals (3)
Dec 17, 2021 109 Exhibit G - Dupes of Tory Burch Miller sandal (13)
Dec 17, 2021 109 Exhibit H - Amazon reviews of Pierre Dumas sandals (9)
Dec 17, 2021 109 Exhibit i - excerpts from USPTO application file for Olem's medallion desig (14)
Dec 17, 2021 110 Brief (22)
Docket Text: BRIEF re: [107] MOTION for Summary Judgment . Statement of Facts Pursuant to Rule 56. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Dec 17, 2021 111 Declaration in Support of Motion (3)
Docket Text: DECLARATION of Chekyiu Ng on behalf of Jack Rogers LLC in Support re: [107] MOTION for Summary Judgment .. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Dec 17, 2021 112 Declaration in Support of Motion (7)
Docket Text: DECLARATION of Maria Baez de Hicks, on behalf of Wal-Mart Inc. in Support re: [107] MOTION for Summary Judgment .. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Dec 10, 2021 105 Answer to Counterclaim (6)
Docket Text: ANSWER to [104] Counterclaim. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Nov 19, 2021 104 Answer to Amended Complaint (21)
Docket Text: ANSWER to [102] Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Nov 17, 2021 103 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated November 17, 2021 re: Status Letter. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Nov 5, 2021 102 Main Document (35)
Docket Text: THIRD AMENDED COMPLAINT amending [52] Amended Complaint,, against Olem Shoe Corp. with JURY DEMAND.Document filed by Tory Burch LLC, River Light V, L.P.. Related document: [52] Amended Complaint,,. (Attachments: # (1) Exhibit 1 - Tory Burch Registered Trademarks, # (2) Exhibit 2 - Tory Burch on Oprah, # (3) Exhibit 3 - Tory Burch Gossip Girl, # (4) Exhibit 4 - Instagram Facebook Twitter, # (5) Exhibit 5 - Trimmed Stars wear Tory Burch, # (6) Exhibit 6 - Michelle Obama Tory Burch Tie-Dye Dress, # (7) Exhibit 7 - Royals wear Tory Burch, # (8) Exhibit 8 - Tory Burch Awards and Recognitions, # (9) Exhibit 9 - TB Media, # (10) Exhibit 10 - Miller Media, # (11) Exhibit 11 Instagram).(Arbaugh, Natalie)
Nov 5, 2021 102 Exhibit 1 - Tory Burch Registered Trademarks (7)
Nov 5, 2021 102 Exhibit 2 - Tory Burch on Oprah (7)
Nov 5, 2021 102 Exhibit 3 - Tory Burch Gossip Girl (3)
Nov 5, 2021 102 Exhibit 4 - Instagram Facebook Twitter (4)
Nov 5, 2021 102 Exhibit 5 - Trimmed Stars wear Tory Burch (12)
Nov 5, 2021 102 Exhibit 6 - Michelle Obama Tory Burch Tie-Dye Dress (4)
Nov 5, 2021 102 Exhibit 7 - Royals wear Tory Burch (3)
Nov 5, 2021 102 Exhibit 8 - Tory Burch Awards and Recognitions (8)
Nov 5, 2021 102 Exhibit 9 - TB Media (49)
Nov 5, 2021 102 Exhibit 10 - Miller Media (74)
Nov 5, 2021 102 Exhibit 11 Instagram (6)
Oct 28, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Amended Pleadings due by 11/5/2021. Motions due by 12/17/2021. Responses due by 1/21/2022 Replies due by 2/25/2022. (tg)
Oct 28, 2021 101 Order on Motion for Leave to File Document (2)
Docket Text: SCHEDULING ORDER granting [99] Motion for Leave to File Document. It is hereby ORDERED that Plaintiffs motion for leave to file the TAC is GRANTED. It is further ORDERED that Plaintiffs shall file the TAC by November 5, 2021. Defendant shall answer or otherwise respond to the TAC by November 19, 2021. Plaintiffs shall file an answer to any counterclaim by December 10, 2021. Defendant shall file any motion for summary judgment, not to exceed thirty (30) pages, by December 17, 2021. Plaintiffs shall file their opposition and cross-motion for summary judgment, not to exceed forty-five (45) pages, by January 21, 2022. Defendant shall file its reply and opposition to Plaintiffs cross-motion for summary judgment, not to exceed thirty (30) pages, by February 10, 2022. Plaintiffs shall file their reply in support of their cross-motion, not to exceed fifteen (15) pages, by February 25, 2022. It is further ORDERED that the parties may allocate the page numbers for the cross-summary judgment motions as they deem appropriate, so long as no party exceeds sixty (60) pages of briefing in total. It is further ORDERED that all other briefing deadlines are hereby CANCELLED. It is further ORDERED that the parties shall otherwise comply with the Courts Individual Rules in filing their motions and supporting papers. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 99.. (Signed by Judge Lorna G. Schofield on 10/28/2021) (tg)
Oct 27, 2021 99 Motion for Leave to File Document (2)
Docket Text: MOTION for Leave to File Third Amended Complaint (Unopposed) and Joint Motion to Modify Summary Judgment Briefing Schedule. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Oct 27, 2021 100 Main Document (5)
Docket Text: MEMORANDUM OF LAW in Support re: [99] MOTION for Leave to File Third Amended Complaint (Unopposed) and Joint Motion to Modify Summary Judgment Briefing Schedule. . Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit A - [Proposed] Third Amended Complaint, # (2) Exhibit B - Redlined [Proposed] Third Amended Complaint).(Arbaugh, Natalie)
Oct 27, 2021 100 Exhibit A - [Proposed] Third Amended Complaint (36)
Oct 27, 2021 100 Exhibit B - Redlined [Proposed] Third Amended Complaint (37)
Oct 18, 2021 98 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated October 18, 2021 re: status letter. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Oct 8, 2021 97 Answer to Counterclaim (5)
Docket Text: ANSWER to [58] Counterclaim. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 23, 2021 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 9/23/2021. (jcs)
Sep 23, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Cross Motions due by 12/2/2021. Motions due by 10/28/2021. Responses due by 12/22/2021 Replies due by 1/7/2022. (cf)
Sep 23, 2021 95 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Bernardo Burstein on behalf of Olem Shoe Corp...(Burstein, Bernardo)
Sep 23, 2021 96 Order on Motion to Dismiss (2)
Docket Text: SCHEDULING ORDER denying without prejudice [73] Motion to Dismiss; granting [76] Letter Motion for Conference re: [73] MOTION to Dismiss Defendant Olem Shoe Corp.'s First Counterclaim to its Amended Answer to Plaintiffs' Second Amended Complaint (ECF No. 58)., [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021., [77] LETTER MOTION for Conference re Tory Burch request to file a motion for summary judgment regarding Def Olem's remaining First Counterclaim and certain of Olem's 22 purported affirmative defenses addressed to Judge Lorna G. Schofiel ; granting [77] Letter Motion for Conference re: [73] MOTION to Dismiss Defendant Olem Shoe Corp.'s First Counterclaim to its Amended Answer to Plaintiffs' Second Amended Complaint (ECF No. 58)., [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021., [77] LETTER MOTION for Conference re Tory Burch request to file a motion for summary judgment regarding Def Olem's remaining First Counterclaim and certain of Olem's 22 purported affirmative defenses addressed to Judge Lorna G. Schofield.A conference having been held before the Court on September 23, 2021, and the parties having stated their intentions to file cross-motions for summary judgment, it is hereby ORDERED that Plaintiff's motion to dismiss Defendant's First Counterclaim (Dkt. No. 73) is DENIED without prejudice. It is further ORDERED that the parties applications for a pre-motion conference for summary judgment (Dkt. Nos. 76, 77) are GRANTED. It is further ORDERED that Defendant shall file any motion for summary judgment, not to exceed thirty (30) pages, by October 28, 2021. Plaintiffs shall file their opposition and cross-motion for summary judgment, not to exceed forty-five (45) pages, by December 2, 2021. Defendant shall file its reply and opposition to Plaintiff's cross-motion for summary judgment, not to exceed thirty (30) pages, by December 22, 2021. Plaintiffs shall file their reply in support of their cross-motion, not to exceed fifteen (15) pages, by January 7, 2022. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the motions at Docket Numbers 73, 76 and 77. (Signed by Judge Lorna G. Schofield on 9/23/2021) (cf)
Sep 22, 2021 93 Letter (1)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated September 22, 2021 re: Plaintiffs' Letter in Response to Defendant's Letter Requesting Pre-Motion Conference on Summary Judgment. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 22, 2021 94 Order (1)
Docket Text: ORDER: WHEREAS, a conference in this matter is scheduled for September 23, 2021, at 11:30 a.m. It is hereby ORDERED that the conference is rescheduled to September 23, 2021, at 11:00 a.m. The parties shall use the following conference call line: 888-363-4749; access code: 558-3333. ( Telephone Conference set for 9/23/2021 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/22/2021) (cf)
Sep 17, 2021 91 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated September 17, 2021 re: joint status letter. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 17, 2021 92 Memo Endorsement (3)
Docket Text: MEMO ENDORSEMENT on re: [88] Letter filed by Tory Burch LLC, River Light V, L.P., Motions terminated: [84] LETTER MOTION to Seal limited portions of Plaintiffs' Letter in Response to Defendant's Letter Requesting Pre-Motion Conference on Summary Judgment, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated September 10, 2 filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: Application GRANTED. Plaintiff's letter at Dkt. No. 90 shall remain under seal with access restricted to parties identified in the Appendix to this filing for the reasons identified in this letter. The Clerk of Court is respectfully directed close Dkt. No. 84. So Ordered. (Signed by Judge Lorna G. Schofield on 9/17/2021) (ate)
Sep 16, 2021 88 Letter (3)
Docket Text: SUPPLEMENTAL LETTER addressed to Judge Lorna G. Schofield from Plaintiffs dated September 16, 2021 re: (87) ORDER with respect to (84) Letter Motion to Seal. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 16, 2021 89 Response in Opposition to Motion (4)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Plaintiffs dated September 10, 2021 re: [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021. (Redacted). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 13, 2021 87 Order on Motion to Seal (2)
Docket Text: ORDER with respect to [84] Letter Motion to Seal. In the Court's decision regarding whether a document may be filed under seal, the three-part test in Lugosch -- not the Parties' Protective Order -- controls. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Plaintiffs shall file a supplemental letter by September 16, 2021, identifying the basis for sealing the redacted portions in accordance with the three-part test in Lugosch. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/13/2021) (mml)
Sep 10, 2021 83 Pre-Conference Statement (4)
Docket Text: PRE-CONFERENCE STATEMENT in response to Plaintiffs' pre-conference statement for summary judgment as to Olem Shoe's counterclaim and affirmative defenses. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Sep 10, 2021 84 Motion to Seal (2)
Docket Text: LETTER MOTION to Seal limited portions of Plaintiffs' Letter in Response to Defendant's Letter Requesting Pre-Motion Conference on Summary Judgment, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated September 10, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 10, 2021 85 Response in Opposition to Motion (4)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated September 10, 2021 re: [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021. . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 9, 2021 82 Reply to Response to Motion (6)
Docket Text: REPLY to Response to Motion re: [73] MOTION to Dismiss Defendant Olem Shoe Corp.'s First Counterclaim to its Amended Answer to Plaintiffs' Second Amended Complaint (ECF No. 58). . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 3, 2021 81 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text: ORDER granting [80] Letter Motion for Extension of Time to File Response/Reply re [80] LETTER MOTION for Extension of Time to File Response/Reply as to [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman d. Application GRANTED. Both parties shall file their responses to the pre-motion conference for summary judgment letters by September 10, 2021. SO ORDERED. Responses due by 9/10/2021. (Signed by Judge Lorna G. Schofield on 9/3/2021) (tg)
Sep 2, 2021 79 Memorandum of Law in Opposition to Motion (12)
Docket Text: MEMORANDUM OF LAW in Opposition re: [73] MOTION to Dismiss Defendant Olem Shoe Corp.'s First Counterclaim to its Amended Answer to Plaintiffs' Second Amended Complaint (ECF No. 58). . Document filed by Olem Shoe Corp...(Kaufman, Mark)
Sep 2, 2021 80 Motion for Extension of Time to File Response/Reply (1)
Docket Text: LETTER MOTION for Extension of Time to File Response/Reply as to [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021., [78] Order on Motion for Conference,,,,,,,,,,, [77] LETTER MOTION for Conference re Tory Burch request to file a motion for summary judgment regarding Def Olem's remaining First Counterclaim and certain of Olem's 22 purported affirmative defenses addressed to Judge Lorna G. Schofiel addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated September 2, 2021. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Aug 30, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Responses due by 9/7/2021 (jca)
Aug 30, 2021 78 Order on Motion for Conference (4)
Docket Text: ORDER with respect to [76] Letter Motion for Conference re: [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021., [77] LETTER MOTION for Conference re Tory Burch request to file a motion for summary judgment regarding Def Olem's remaining First Counterclaim and certain of Olem's 22 purported affirmative defenses addressed to Judge Lorna G. Schofiel ; with respect to [77] Letter Motion for Conference re: [76] LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021., [77] LETTER MOTION for Conference re Tory Burch request to file a motion for summary judgment regarding Def Olem's remaining First Counterclaim and certain of Olem's 22 purported affirmative defenses addressed to Judge Lorna G. Schofield. Plaintiff shall file a response to Defendant's pre-motion letter (Dkt. No. 76) by September 7, 2021. Defendant shall file a response to Plaintiff's pre-motion letter (Dkt. No. 77) by September 7, 2021. The proposed motions will be discussed at the conference already scheduled for September 23, 2021, at 11:30 A.M. So Ordered. (Signed by Judge Lorna G. Schofield on 8/27/2021) (jca)
Aug 26, 2021 76 Motion for Conference (3)
Docket Text: LETTER MOTION for Conference re: Defendant's request for pre-motion conference for Summary Judgment addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 26, 2021. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Aug 26, 2021 77 Motion for Conference (4)
Docket Text: LETTER MOTION for Conference re Tory Burch request to file a motion for summary judgment regarding Def Olem's remaining First Counterclaim and certain of Olem's 22 purported affirmative defenses addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated August 26, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Aug 20, 2021 75 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated August 20, 2021 re: status letter. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Aug 19, 2021 73 Motion to Dismiss (2)
Docket Text: MOTION to Dismiss Defendant Olem Shoe Corp.'s First Counterclaim to its Amended Answer to Plaintiffs' Second Amended Complaint (ECF No. 58). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Aug 19, 2021 74 Memorandum of Law in Support of Motion (11)
Docket Text: MEMORANDUM OF LAW in Support re: [73] MOTION to Dismiss Defendant Olem Shoe Corp.'s First Counterclaim to its Amended Answer to Plaintiffs' Second Amended Complaint (ECF No. 58). . Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Aug 18, 2021 72 Letter (1)
Docket Text: LETTER addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated August 18, 2021 re: Defendant consents to strike paragraph 131 of Answer. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Aug 17, 2021 70 Transcript (12)
Docket Text: TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. 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. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/17/2021. Release of Transcript Restriction set for 11/15/2021..(Moya, Goretti)
Aug 17, 2021 71 Notice of Filing Transcript (1)
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
Aug 5, 2021 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 8/5/2021. (Court Reporter Present) (jcs)
Aug 5, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Motions due by 8/19/2021. Responses due by 9/2/2021. Replies due by 9/9/2021. (va)
Aug 5, 2021 69 Order on Motion for Conference (2)
Docket Text: ORDER granting [61] Letter Motion for Conference re: Plaintiffs' Request for a Pre-Motion Conference to Strike or, in the Alternative, to Dismiss Counterclaims, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated July 1, 2021. It is hereby ORDERED that the Second Counterclaim for damages is dismissed. It is further ORDERED that, by August 19, 2021, the Plaintiffs' and Defendant respectively shall file a letter, not to exceed two singled-spaced pages, addressing whether a motion to strike paragraph 131 of the Amended Answer should be granted. It is further ORDERED that a conference is scheduled for September 23, 2021, at 11:30 A.M., for an oral decision. The parties shall call (888) 363-4749 and use Access Code 558-3333. It is further ORDERED that, by August 19, 2021, Plaintiffs shall file their motion to dismiss the First Counterclaim for a declaratory judgment with a memorandum of law not to exceed ten pages. Defendant shall file a response not to exceed ten pages by September 2, 2021. Plaintiff shall file a reply not to exceed five pages by September 9, 2021. Telephone Conference set for 9/23/2021 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/5/2021) (va) Modified on 8/12/2021 (va).
Aug 4, 2021 68 Order (1)
Docket Text: ORDER: It is hereby ORDERED that the conference scheduled for August 5, 2021, at 10:30 A.M., is rescheduled to August 5, 2021, at 11:10 A.M. The parties shall call (888) 353-4749 and use Access Code 558-3333. (Telephone Conference set for 8/5/2021 at 11:10 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/4/2021) (jca)
Jul 21, 2021 67 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated July 21, 2021 re: status. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jul 16, 2021 65 Motion to Continue (1)
Docket Text: LETTER MOTION to Continue pre-motion conference set for July 22, 2021 addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated July 16, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jul 16, 2021 66 Order on Motion to Continue (1)
Docket Text: ORDER granting [65] Letter Motion to Continue. The application is GRANTED. The pre-motion conference scheduled for July 22, 2021, at 10:30 A.M. is hereby adjourned to August 5, 2021, at 10:30 A.M. The parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. Telephone Conference set for 8/5/2021 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/16/2021) (cf)
Jul 13, 2021 64 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [63] Response to Motion, filed by Olem Shoe Corp. ENDORSEMENT: On July 22, 2021, at 10:30 A.M. the parties shall attend a pre-motion conference to discuss Plaintiffs' request to strike or, in the alternative, to dismiss Defendant's counterclaims. The parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. ( Telephone Conference set for 7/22/2021 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/13/2021) (cf)
Jul 9, 2021 63 Response to Motion (3)
Docket Text: LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated July 9, 2021 re: [61] LETTER MOTION for Conference re: Plaintiffs' Request for a Pre-Motion Conference to Strike or, in the Alternative, to Dismiss Counterclaims, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated July 1, 2021. . Document filed by Olem Shoe Corp...(Kaufman, Mark)
Jul 2, 2021 62 Memo Endorsement (4)
Docket Text: MEMO ENDORSEMENT on re: [61] LETTER MOTION for Conference re: Plaintiffs' Request for a Pre-Motion Conference to Strike or, in the Alternative, to Dismiss Counterclaims, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated July 1, 2021. filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: By July 9, 2021, Defendant shall file a response to this letter not to exceed 3 single-spaced pages. ( Responses due by 7/9/2021) (Signed by Judge Lorna G. Schofield on 7/2/2021) (cf)
Jul 1, 2021 61 Motion for Conference (4)
Docket Text: LETTER MOTION for Conference re: Plaintiffs' Request for a Pre-Motion Conference to Strike or, in the Alternative, to Dismiss Counterclaims, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated July 1, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jun 30, 2021 60 Order (1)
Docket Text: ORDER: It is hereby ORDERED that, the pre-motion conference on July 8, 2021, is canceled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/30/2021) (cf)
Jun 22, 2021 59 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated June 22, 2021 re: joint status ltr. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jun 18, 2021 58 Amended Answer to Complaints (22)
Docket Text: AMENDED ANSWER to [52] Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against River Light V, L.P., Tory Burch LLC. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Jun 7, 2021 N/A Order on Motion to Appear Pro Hac Vice (0)
Docket Text: ORDER granting [55] Motion for Francie N. Berger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
Jun 4, 2021 56 Answer to Amended Complaint (23)
Docket Text: ANSWER to [52] Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Jun 3, 2021 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [55] MOTION for Francie N. Berger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24620654. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
Jun 2, 2021 55 Main Document (1)
Docket Text: MOTION for Francie N. Berger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24620654. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Declaration of Francie N. Berger, with Certificates, # (2) Text of Proposed Order).(Berger, Francie)
Jun 2, 2021 55 Declaration of Francie N. Berger, with Certificates (3)
Jun 2, 2021 55 Text of Proposed Order (2)
May 27, 2021 54 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated May 27, 2021 re: joint status letter. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
May 24, 2021 53 Order (1)
Docket Text: ORDER: It is hereby ORDERED that, by May 27, 2021, the parties shall file a joint status letter. The next status letter shall be filed by June 22, 2021. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/24/2021) (cf)
May 21, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Amended Pleadings due by 5/24/2021. (vfr)
May 21, 2021 51 Order on Motion for Leave to File Document (3)
Docket Text: ORDER granting [49] Letter Motion for Leave to File Document. The application is GRANTED for substantially the same reasons stated below. By May 24, 2021, Plaintiffs shall file their Second Amended Complaint contained in Dkt. 50, Exhibit A. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/21/2021) (vfr)
May 21, 2021 52 Main Document (35)
Docket Text: SECOND AMENDED COMPLAINT amending [30] Amended Complaint,, against River Light V, L.P., Tory Burch LLC with JURY DEMAND.Document filed by River Light V, L.P., Tory Burch LLC. Related document: [30] Amended Complaint,,. (Attachments: # (1) Exhibit 1 - Tory Burch Registered Trademarks, # (2) Exhibit 2 - Tory Burch on Oprah, # (3) Exhibit 3 - Tory Burch Gossip Girl, # (4) Exhibit 4 - Instagram Facebook Twitter, # (5) Exhibit 5 - Trimmed Stars wear Tory Burch, # (6) Exhibit 6 - Michelle Obama Tory Burch Tie-Dye Dress, # (7) Exhibit 7 - Royals wear Tory Burch, # (8) Exhibit 8 - Tory Burch Awards and Recognitions, # (9) Exhibit 9 - TB Media, # (10) Exhibit 10 - Miller Media, # (11) Exhibit 11 - Instagram).(Arbaugh, Natalie)
May 21, 2021 52 Exhibit 1 - Tory Burch Registered Trademarks (7)
May 21, 2021 52 Exhibit 2 - Tory Burch on Oprah (7)
May 21, 2021 52 Exhibit 3 - Tory Burch Gossip Girl (3)
May 21, 2021 52 Exhibit 4 - Instagram Facebook Twitter (4)
May 21, 2021 52 Exhibit 5 - Trimmed Stars wear Tory Burch (12)
May 21, 2021 52 Exhibit 6 - Michelle Obama Tory Burch Tie-Dye Dress (4)
May 21, 2021 52 Exhibit 7 - Royals wear Tory Burch (3)
May 21, 2021 52 Exhibit 8 - Tory Burch Awards and Recognitions (8)
May 21, 2021 52 Exhibit 9 - TB Media (49)
May 21, 2021 52 Exhibit 10 - Miller Media (74)
May 21, 2021 52 Exhibit 11 - Instagram (6)
May 20, 2021 49 Motion for Leave to File Document (2)
Docket Text: MOTION for Leave to File Second Amended Complaint (Unopposed). Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
May 20, 2021 50 Main Document (3)
Docket Text: MEMORANDUM OF LAW in Support re: [49] MOTION for Leave to File Second Amended Complaint (Unopposed). . Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit A - [Proposed] Second Amended Complaint, # (2) Exhibit B - Redlined [Proposed] Second Amended Complaint).(Arbaugh, Natalie)
May 20, 2021 50 Exhibit A - [Proposed] Second Amended Complaint (36)
May 20, 2021 50 Exhibit B - Redlined [Proposed] Second Amended Complaint (38)
Apr 26, 2021 47 Case Management Plan (5)
Docket Text: THIRD AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). All fact discovery shall be completed no later than 6/4/2021. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 6/4/2021. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 8/30/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. On 9/9/2021 at 10:30 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order.Deposition due by 6/4/2021. Fact Discovery due by 6/4/2021. Expert Discovery due by 8/30/2021. Pre-Motion Conference set for 9/9/2021 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/26/2021) (cf)
Apr 26, 2021 48 Memo Endorsement (3)
Docket Text: MEMO ENDORSEMENT: on re: [46] Letter filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: The application is GRANTED. The revisions to the deposition schedule described below are adopted as an Order of the Court. A Third Amended CMP will issue separately. No further extensions will be granted absent extraordinary circumstances. The Clerk of Court is respectfully directed to close the open motions at Dkt. Nos. 26, 28 and 31 that were resolved by Dkt. Nos. 29, 34 and 35. SO ORDERED., Motions terminated: [28] JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 26, 2021. filed by Tory Burch LLC, River Light V, L.P., [26] JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 18, 2021 filed by Tory Burch LLC, River Light V, L.P., [31] JOINT MOTION for Protective Order filed by Tory Burch LLC, River Light V, L.P. (Signed by Judge Lorna G. Schofield on 4/26/2021) (ama)
Apr 22, 2021 46 Letter (3)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated April 22, 2021 re: updated joint status. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 25, 2021 44 Case Management Plan (5)
Docket Text: SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). All fact discovery shall be completed no later than 6/4/2021. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 6/4/2021. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 7/16/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. On 7/29/2021 at 10:30 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. The parties shall submit additional joint letters, as outlined in Individual Rule IV.A.2, on April 22, 2021 and every 30 days thereafter. Deposition due by 6/4/2021. Fact Discovery due by 6/4/2021. Expert Discovery due by 7/16/2021. Pre-Motion Conference set for 7/29/2021 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/25/2021) (cf)
Mar 25, 2021 45 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [43] Letter, filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: The above schedule for depositions is adopted as an Order of the Court. The parties shall depose the identified persons by the dates listed. The Clerk of Court is respectfully directed to strike the Order at Dkt. No. 42 as it is a duplicate of a prior Order. (Signed by Judge Lorna G. Schofield on 3/25/2021) (cf)
Mar 24, 2021 43 Letter (2)
Docket Text: CONSENT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 24, 2021 re: confirmed deposition dates and will provide any additional deposition scheduling update in next joint report to the Court. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Mar 17, 2021 41 Main Document (1)
Docket Text: CONSENT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 17, 2021 re: 2nd Amended Civil Case Mgt Plan and Scheduling Order. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 2nd Amended Civil Case Mgt Plan and Scheduling Order).(Arbaugh, Natalie)
Mar 17, 2021 41 Exhibit 2nd Amended Civil Case Mgt Plan and Scheduling Order (5)
Mar 15, 2021 40 Memo Endorsement (3)
Docket Text: MEMO ENDORSEMENT on re: [39] JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 11, 2021. filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: By March 18, 2021, the parties shall file a joint proposed Second Amended CMP with deadlines, including those in Paragraph 8, that are consistent with the proposals in the below letter. The parties shall amend Paragraph 8(g) so that the parties may not change the dates in Paragraph 8 by more than one week, and may not change at all the final deadline for fact discovery in Paragraph 8(a). In Paragraph 13 of the proposed Second Amended CMP, the parties shall include status letters due every 30 days. By March 24, 2021, the parties shall file a list of expected deponents and their roles. For the deponents the parties know they will depose, the parties shall include dates for their depositions agreeable to counsel and the witnesses, which the court will so order. (Signed by Judge Lorna G. Schofield on 3/15/2021) (cf)
Mar 11, 2021 39 Motion for Discovery (3)
Docket Text: JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated March 11, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Feb 23, 2021 N/A Order on Motion to Appear Pro Hac Vice (0)
Docket Text: ORDER granting [37] Motion for Diana Hughes Leiden to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
Feb 17, 2021 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [37] MOTION for Diana Hughes Leiden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23973282. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
Feb 17, 2021 37 Main Document (1)
Docket Text: MOTION for Diana Hughes Leiden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23973282. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Declaration of Diana Hughes Leiden, with Certificate, # (2) Text of Proposed Order).(Leiden, Diana)
Feb 17, 2021 37 Declaration of Diana Hughes Leiden, with Certificate (2)
Feb 17, 2021 37 Text of Proposed Order (2)
Feb 12, 2021 36 Answer to Amended Complaint (17)
Docket Text: ANSWER to [30] Amended Complaint,, with JURY DEMAND. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Feb 1, 2021 N/A Notice to Attorney Regarding Deficient Proposed Order (0)
Docket Text:***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Natalie Arbaugh to RE-FILE Document No. [32] Proposed Order. The filing is deficient for the following reason(s): the document and docket entry do not match. The document should be labeled a proposed order. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km)
Feb 1, 2021 N/A Notice to Court Regarding Proposed Order (0)
Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [33] Proposed Order was reviewed and approved as to form. (km)
Feb 1, 2021 33 Proposed Order (12)
Docket Text: PROPOSED ORDER. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) Proposed Order to be reviewed by Clerk's Office staff.
Feb 1, 2021 34 Order (12)
Docket Text: ORDER REGARDING PROTOCOL FOR THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION: The Parties jointly submit this Protocol for the Discovery of Electronically Stored Information (the "ESI Protocol"), and hereby agree that the following shall govern the production of paper records and electronically stored information ("ESI") by the Parties in the above-captioned adversary proceeding on or after January 29, 2021 (the "Effective Date"". The ESI Protocol shall also govern productions made by any third party who is subpoenaed in this action on or after the Effective Date, unless otherwise agreed to by the issuing Party and the third party. Accordingly, the ESI Protocol shall be attached to any subpoena issued in this action on or after the Effective Date. The Parties shall meet and confer in good faith during the course of fact discovery regarding the contents of any privilege log or to address any dispute arising out of this Protocol. Privilege logs shall be served in accordance with the deadline for close of fact discovery. The inadvertent production of privileged or confidential ESI shall be addressed pursuant to the Agreed Motion for Entry of Protective Order (Pending the Court's Approval; Filed ECF No. 31) entered in this matter. The production of ESI shall not constitute a waiver of attorney-client privilege or work-product protection if the disclosure was inadvertent and the Party making the claim of privilege or protection shall promptly take reasonable steps to recover the ESI. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/1/2021) (jca)
Feb 1, 2021 35 Protective Order (14)
Docket Text: AGREED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The above Agreed Protective Order is adopted as an Order of the Court except that the parties are advised that the Court retains unfettered discretion whether or not to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. (Signed by Judge Lorna G. Schofield on 2/1/2021) (nb)
Jan 29, 2021 29 Scheduling Order (5)
Docket Text: FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). This case is not to be tried to a jury. Deposition due by 5/4/2021. Fact Discovery due by 5/4/2021. Expert Discovery due by 6/18/2021. Status Conference set for 7/8/2021 at 10:30 AM before Judge Lorna G. Schofield. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. he parties shall submit two additional joint status letters, as Outlined in Individual Rule IV.A.2, by March 11, 2021, and April 22, 2021. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/29/2021) (ks)
Jan 29, 2021 30 Main Document (35)
Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint,, against Olem Shoe Corp. with JURY DEMAND.Document filed by River Light V, L.P., Tory Burch LLC. Related document: [1] Complaint,,. (Attachments: # (1) Exhibit 1 - Tory Burch Registered Trademarks, # (2) Exhibit 2 - Tory Burch on Oprah, # (3) Exhibit 3 - Tory Burch Gossip Girl, # (4) Exhibit 4 - Instagram, Facebook, Twitter, # (5) Exhibit 5 - Trimmed Stars wear Tory Burch, # (6) Exhibit 6 - Michelle Obama Tory Burch Tie-Dye Dress, # (7) Exhibit 7 - Royals wear Tory Burch, # (8) Exhibit 8 - Tory Burch Awards and Recognitions, # (9) Exhibit 9 - TB Media, # (10) Exhibit 10 - Miller Media, # (11) Exhibit 11 - Instagram).(Arbaugh, Natalie)
Jan 29, 2021 30 Exhibit 1 - Tory Burch Registered Trademarks (7)
Jan 29, 2021 30 Exhibit 2 - Tory Burch on Oprah (7)
Jan 29, 2021 30 Exhibit 3 - Tory Burch Gossip Girl (3)
Jan 29, 2021 30 Exhibit 4 - Instagram, Facebook, Twitter (4)
Jan 29, 2021 30 Exhibit 5 - Trimmed Stars wear Tory Burch (12)
Jan 29, 2021 30 Exhibit 6 - Michelle Obama Tory Burch Tie-Dye Dress (4)
Jan 29, 2021 30 Exhibit 7 - Royals wear Tory Burch (3)
Jan 29, 2021 30 Exhibit 8 - Tory Burch Awards and Recognitions (8)
Jan 29, 2021 30 Exhibit 9 - TB Media (49)
Jan 29, 2021 30 Exhibit 10 - Miller Media (74)
Jan 29, 2021 30 Exhibit 11 - Instagram (6)
Jan 29, 2021 31 Main Document (2)
Docket Text: JOINT MOTION for Protective Order . Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 - Agreed Protective Order).(Arbaugh, Natalie)
Jan 29, 2021 31 Exhibit 1 - Agreed Protective Order (15)
Jan 29, 2021 32 Proposed Order (12)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/1/2021 (km).
Jan 26, 2021 28 Motion for Discovery (4)
Docket Text: JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 26, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Jan 19, 2021 27 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [26] JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 18, 2021. filed by Tory Burch LLC, River Light V, L.P. ENDORSEMENT: By January 26, 2021, the parties shall file a joint letter stating (1) the status of any ESI protocol, and if it is not final, the date when it will be completed; (2) the date document production (including ESI) will begin and when it will be concluded; (3) the date when answers to interrogatories will be served; (4) when the parties will be in a position to identify deponents and the time alloted for depositions and any follow-up, and (5) any other deadlines necessary for the parties to meet their proposed date to complete fact discovery to avoid further requests for extension and ensure that the case moves forward expeditiously. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/19/2021) (ks)
Jan 18, 2021 26 Motion for Discovery (2)
Docket Text: JOINT LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated January 18, 2021. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Dec 21, 2020 N/A Order on Motion to Appear Pro Hac Vice (0)
Docket Text: ORDER granting [22] Motion for Bernardo Burstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
Nov 18, 2020 23 Rule 7.1 Corporate Disclosure Statement (1)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Nov 18, 2020 24 Answer to Complaint (16)
Docket Text: ANSWER to [1] Complaint,,. Document filed by Olem Shoe Corp...(Kaufman, Mark)
Nov 16, 2020 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [22] MOTION for Bernardo Burstein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
Nov 16, 2020 22 Main Document (1)
Docket Text: MOTION for Bernardo Burstein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # (1) Affidavit Declaration of Mark S. Kaufman dated 11/16/2020, # (2) Affidavit Declaration of Bernardo Burstein, dated 11/15/2020, # (3) Exhibit A to Burstein Declaration (Florida Supreme Court certificate of good standing), # (4) Text of Proposed Order).(Kaufman, Mark)
Nov 16, 2020 22 Affidavit Declaration of Mark S. Kaufman dated 11/16/2020 (2)
Nov 16, 2020 22 Affidavit Declaration of Bernardo Burstein, dated 11/15/2020 (2)
Nov 16, 2020 22 Exhibit A to Burstein Declaration (Florida Supreme Court certificate of good sta (2)
Nov 16, 2020 22 Text of Proposed Order (1)
Nov 13, 2020 20 Case Management Plan (5)
Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). No additional parties may be joined after or Amended Pleadings may be filed until 1/29/2021. All fact discovery shall be completed no later than 3/19/2021. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 5/4/2021. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 5/3/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 days. On 5/20/2021 at 10:30 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Amended Pleadings due by 1/29/2021. Joinder of Parties due by 1/29/2021. Deposition due by 5/4/2021. Fact Discovery due by 3/19/2021. Expert Discovery due by 5/3/2021. Pre-Motion Conference set for 5/20/2021 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/13/2020) (cf) Modified on 12/2/2020 (cf).
Nov 13, 2020 21 Order (2)
Docket Text: ORDER: WHEREAS, no significant issues were raised in the parties' joint letter or proposed case management plan ("CMP") (Dkt. 19); it is hereby ORDERED that the November 19, 2020, initial pretrial conference is cancelled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/13/2020) (cf) Modified on 11/16/2020 (cf).
Nov 12, 2020 19 Main Document (4)
Docket Text: JOINT LETTER addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh and Mark S. Kaufman dated November 12, 2020 re: November 19, 2020 Initial Pretrial Conference, pursuant to September 23, 2020 Order (ECF No. 11). Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Proposed Civil Case Management Plan and Scheduling Order).(Arbaugh, Natalie)
Nov 12, 2020 19 Proposed Civil Case Management Plan and Scheduling Order (5)
Nov 5, 2020 18 Certificate of Service Complaints (3)
Docket Text: CERTIFICATE OF SERVICE of Summons and Complaint,,. Olem Shoe Corp. served on 10/28/2020, answer due 11/18/2020. Service was accepted by Julio Acosta, Director. Document filed by River Light V, L.P.; Tory Burch LLC..(Arbaugh, Natalie)
Nov 2, 2020 N/A Notice Regarding Deficient Motion to Appear Pro Hac vice (0)
Docket Text:>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [17] MOTION for Bernardo Burstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-22418375. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
Nov 2, 2020 16 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Mark S. Kaufman on behalf of Olem Shoe Corp...(Kaufman, Mark)
Nov 2, 2020 17 Main Document (1)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bernardo Burstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-22418375. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Olem Shoe Corp.. (Attachments: # (1) Affidavit Declaration of Mark S. Kaufman dated 11/2/2020, # (2) Affidavit Declaration of Bernardo Burstein, dated 11/2/2020, # (3) Exhibit A to Burstein Declaration (Florida Bar certificate of good standing), # (4) Text of Proposed Order).(Kaufman, Mark) Modified on 11/2/2020 (vba).
Nov 2, 2020 17 Affidavit Declaration of Mark S. Kaufman dated 11/2/2020 (2)
Nov 2, 2020 17 Affidavit Declaration of Bernardo Burstein, dated 11/2/2020 (4)
Nov 2, 2020 17 Exhibit A to Burstein Declaration (Florida Bar certificate of good standing) (2)
Nov 2, 2020 17 Text of Proposed Order (1)
Oct 30, 2020 15 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [13] Response to Motion, filed by Olem Shoe Corp. ENDORSEMENT: Defendant's application is DENIED. The date, time, and dial-in number for the initial pre-trial conference ("IPTC") remain the same. See Dkt. No. 14. Defendant is advised that the Court does not typically adjourn the IPTC to await an Answer. (Signed by Judge Lorna G. Schofield on 10/30/2020) (cf)
Oct 29, 2020 N/A Set/Reset Hearings (0)
Docket Text: Set/Reset Hearings: Initial Conference set for 11/19/2020 at 10:30 AM before Judge Lorna G. Schofield. (ama)
Oct 29, 2020 13 Response to Motion (1)
Docket Text: LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Mark S. Kaufman dated 10/29/2020 re: [12] LETTER MOTION for Extension of Time to File the Initial Pre-Trial Conference Joint Letter and Case Management Plan and for a Continuance of the Initial Pre-Trial Conference, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated . Document filed by Olem Shoe Corp...(Kaufman, Mark)
Oct 29, 2020 14 Order on Motion for Extension of Time (1)
Docket Text: ORDER: granting [12] Letter Motion for Extension of Time. The application is GRANTED. The initial pre-trial conference is hereby adjourned from November 5, 2020, at 10:30 A.M. to November 19, 2020, at 10:30 A.M. By November 12, 2020, the parties shall file on ECF the initial pre-trial materials. For the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/28/2020) (ama)
Oct 27, 2020 12 Motion for Extension of Time (1)
Docket Text: LETTER MOTION for Extension of Time to File the Initial Pre-Trial Conference Joint Letter and Case Management Plan and for a Continuance of the Initial Pre-Trial Conference, addressed to Judge Lorna G. Schofield from Natalie L. Arbaugh dated October 27, 2020. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Sep 23, 2020 11 Order for Initial Pretrial Conference (3)
Docket Text: ORDER: To be held telephonically in accordance with the instructions on the first page of this order. (And as further set forth herein.) Initial Conference set for 11/5/2020 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/23/2020) (jca)
Sep 3, 2020 N/A Order on Motion to Appear Pro Hac Vice (0)
Docket Text: ORDER granting [5] Motion for Natalie L. Arbaugh to Appear Pro Hac Vice; and granting [6] Motion for Chante B. Westmoreland to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
Sep 1, 2020 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [6] MOTION for Chante B. Westmoreland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21415832. Motion and supporting papers to be reviewed by Clerk's Office staff., [5] MOTION for Natalie L. Arbaugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21415658. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
Sep 1, 2020 N/A Case Opening Initial Assignment Notice (0)
Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)
Sep 1, 2020 N/A Case Designation (0)
Docket Text: Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)
Sep 1, 2020 N/A Case Designated ECF (0)
Docket Text: Case Designated ECF. (dnh)
Sep 1, 2020 8 Summons Issued (2)
Docket Text: ELECTRONIC SUMMONS ISSUED as to Olem Shoe Corp...(dnh)
Sep 1, 2020 9 AO 120 Form Trademark - Case Opening - Submitted (1)
Docket Text: AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(dnh)
Aug 31, 2020 1 Main Document (39)
Docket Text: COMPLAINT against Olem Shoe Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21415409)Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Exhibit 1 - Tory Burch Registered Trademarks, # (2) Exhibit 2 - Copyright Registration for TT Logo, # (3) Exhibit 3 - Tory Burch on Oprah, # (4) Exhibit 4 - Tory Burch Gossip Girl, # (5) Exhibit 5 - Instagram, Facebook, Twitter, # (6) Exhibit 6 - Trimmed Stars wear Tory Burch, # (7) Exhibit 7 - Michelle Obama Tory Burch Tie-Dye Dress, # (8) Exhibit 8 - Royals wear Tory Burch, # (9) Exhibit 9 - Tory Burch Awards and Recognitions, # (10) Exhibit 10 - TB Media, # (11) Exhibit 11 - Miller Media, # (12) Exhibit 12 Instagram).(Arbaugh, Natalie)
Aug 31, 2020 1 Exhibit 1 - Tory Burch Registered Trademarks (7)
Aug 31, 2020 1 Exhibit 2 - Copyright Registration for TT Logo (2)
Aug 31, 2020 1 Exhibit 3 - Tory Burch on Oprah (7)
Aug 31, 2020 1 Exhibit 4 - Tory Burch Gossip Girl (3)
Aug 31, 2020 1 Exhibit 5 - Instagram, Facebook, Twitter (4)
Aug 31, 2020 1 Exhibit 6 - Trimmed Stars wear Tory Burch (12)
Aug 31, 2020 1 Exhibit 7 - Michelle Obama Tory Burch Tie-Dye Dress (4)
Aug 31, 2020 1 Exhibit 8 - Royals wear Tory Burch (3)
Aug 31, 2020 1 Exhibit 9 - Tory Burch Awards and Recognitions (8)
Aug 31, 2020 1 Exhibit 10 - TB Media (49)
Aug 31, 2020 1 Exhibit 11 - Miller Media (74)
Aug 31, 2020 1 Exhibit 12 Instagram (6)
Aug 31, 2020 2 Civil Cover Sheet (2)
Docket Text: CIVIL COVER SHEET filed..(Arbaugh, Natalie)
Aug 31, 2020 3 Rule 7.1 Corporate Disclosure Statement (2)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tory Burch LLC for River Light V, L.P.. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Aug 31, 2020 4 Request for Issuance of Summons (2)
Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Olem Shoe Corp., re: [1] Complaint,,. Document filed by River Light V, L.P., Tory Burch LLC..(Arbaugh, Natalie)
Aug 31, 2020 5 Main Document (1)
Docket Text: MOTION for Natalie L. Arbaugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21415658. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Declaration of Natalie L. Arbaugh, with Certificate, # (2) Text of Proposed Order).(Arbaugh, Natalie)
Aug 31, 2020 5 Declaration of Natalie L. Arbaugh, with Certificate (2)
Aug 31, 2020 5 Text of Proposed Order (2)
Aug 31, 2020 6 Main Document (1)
Docket Text: MOTION for Chante B. Westmoreland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21415832. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by River Light V, L.P., Tory Burch LLC. (Attachments: # (1) Declaration of Chante B. Westmoreland, with Certificate, # (2) Text of Proposed Order).(Westmoreland, Chante)
Aug 31, 2020 6 Declaration of Chante B. Westmoreland, with Certificate (2)
Aug 31, 2020 6 Text of Proposed Order (2)
Aug 31, 2020 7 AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1)
Docket Text: AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Arbaugh, Natalie)
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