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Case number 1:21-cv-07803

Theragun, Inc. v. Tzumi Electronics LLC et al > Documents

Date Field Doc. No.Description (Pages)
Oct 5, 2023 140 LETTER addressed to Judge Paul G. Gardephe from Marc Pensabene dated October 5,2023 re: Dkt. 139 (Amended Order of Reference to a Magistrate Judge). Document filed by Therabody, Inc...(Pensabene, Marc) (Entered: 10/05/2023) (1)
Sep 29, 2023 138 MEMORANDUM OPINION & ORDER re: 84 MOTION to Dismiss . filed by Tzumi Electronics LLC, 67 MOTION for Summary Judgment . filed by Tzumi Electronics LLC. For the reasons stated above, Defendant Tzumi's motion for summary judgment and motion to dismiss are denied. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 67, 84). (Signed by Judge Paul G. Gardephe on 9/29/2023) (ate) (Entered: 09/29/2023) (40)
Sep 29, 2023 139 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Dkt. Nos. 131-134. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/29/23) (yv) (Entered: 10/02/2023) (1)
Aug 28, 2023 137 STATUS REPORT. Document filed by Therabody, Inc...(Pensabene, Marc) (Entered: 08/28/2023) (1)
Jun 27, 2023 136 STATUS REPORT. Document filed by Therabody, Inc.(a Delaware corporation)..(Pensabene, Marc) (Entered: 06/27/2023) (1)
Apr 28, 2023 135 STATUS REPORT. Document filed by Therabody, Inc.(a Delaware corporation)..(Pensabene, Marc) (Entered: 04/28/2023) (2)
Mar 14, 2023 134 REPLY re: 131 Claim Construction Statement (Corrected). Document filed by Therabody, Inc.. (Attachments: # 1 Appendix to Plaintiff Therabody, Inc.'s Reply Claim Construction Brief, # 2 Exhibit I - United States Patent No.10,642,443 ("the '443 Patent"), # 3 Exhibit J - International Patent Application No. WO 2020/072965 ("the '965 Application").(Williamson, Brett) (Entered: 03/14/2023) (0)
Mar 10, 2023 133 REPLY re: 131 Claim Construction Statement . Document filed by Therabody, Inc.. (Attachments: # 1 Appendix to Plaintiff Therabody, Inc.'s Reply Claim Construction Brief, # 2 Exhibit I - United States Patent No.10,642,443 ("the '443 Patent"), # 3 Exhibit J - International Patent Application No. WO 2020/072965 ("the '965 Application").(Williamson, Brett) (Entered: 03/10/2023) (0)
Mar 3, 2023 131 AMENDED CLAIM CONSTRUCTION STATEMENT. Document filed by Tzumi Electronics LLC(a New York company), Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 03/03/2023) (30)
Mar 3, 2023 132 DECLARATION of Scott D. Stimpson in Support re: 131 Claim Construction Statement. Document filed by Tzumi Electronics LLC(a New York company), Tzumi Electronics LLC. (Attachments: # 1 Exhibit 1 U.S. Patent No. 10,702,448, # 2 Exhibit 2 U.S. Patent No. 10,857,064, # 3 Exhibit 3 U.S. Patent No. 10,918,565, # 4 Exhibit 4 U.S. Patent No. 11,160,722, # 5 Exhibit 5 September 8, 2021 Applicant Response to the Office Action, # 6 Exhibit 6 July 28, 2022 Applicant Response to the Office Action, # 7 Exhibit 7 February 10, 2021 Applicant Opinion on the Reason for Refusal, # 8 Exhibit 8 July 30, 2021 Applicant Response to the First Office Action, # 9 Exhibit 9 Non-Final Office Action dated January 24, 2020, # 10 Exhibit 10 April 17, 2020 Applicant Response to the Non-Final Office Action, # 11 Exhibit 11 May 28, 2020 Notice of Allowability, # 12 Exhibit 12 September 22, 2020 Non-Final Office Action, # 13 Exhibit 13 December 17, 2020 Amendment and Response to the Non-Final Office Action, # 14 Exhibit 14 January 8, 2021 Notice of Allowability, # 15 Exhibit 15 Therabody Infringement Contentions, # 16 Exhibit 16 transcript of Oral Argument held on November 16, 2022, # 17 Exhibit 17 definition of grasp in the American Heritage Dictionary, Second College Edition (1982), # 18 Exhibit 18 definition of grasp and handle in the American Heritage Dictionary of English Language Third Edition (1992), # 19 Exhibit 19 definition of handle in the New International Websters Comprehensive Dictionary of the English Language, Encyclopedic Edition, # 20 Exhibit 20 definition of handle in the Websters Ninth New Collegiate Dictionary (1990), # 21 Exhibit 21 correspondence dated April 29, 2022, # 22 Exhibit 22 June 9, 2020 Applicant-Initiated Interview Summary, # 23 Exhibit 23 U.S. Patent No. 10,945,915, # 24 Exhibit 24 November 22, 2021 Joint Claim Construction Chart in Theragun v. Echelon).(Stimpson, Scott) (Entered: 03/03/2023) (0)
Mar 1, 2023 129 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Marc J. Pensabene dated 03/01/2023 re: Response regarding Claim Construction briefing (Dkt# 127). Document filed by Therabody, Inc...(Pensabene, Marc) (Entered: 03/01/2023) (3)
Mar 1, 2023 130 MEMO ENDORSEMENT on re: 127 Letter filed by Tzumi Electronics LLC. ENDORSEMENT: Tzumi's request to amend its claim construction brief to include discussion of the Chinese patent history is granted. Therabody may have commensurate additional pages in its reply, and may request additional time for its reply if needed as a result. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/1/2023) (tg) (Entered: 03/01/2023) (3)
Feb 27, 2023 128 STATUS REPORT. Document filed by Therabody, Inc...(Pensabene, Marc) (Entered: 02/27/2023) (2)
Feb 24, 2023 127 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated 2/24/2023 re: Claim Construction briefing. Document filed by Tzumi Electronics LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stimpson, Scott) (Entered: 02/24/2023) (0)
Feb 10, 2023 125 CLAIM CONSTRUCTION STATEMENT. Document filed by Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 02/10/2023) (30)
Feb 10, 2023 126 DECLARATION of Scott D. Stimpson in Support re: 125 Claim Construction Statement. Document filed by Tzumi Electronics LLC. (Attachments: # 1 Exhibit 1 - U.S. Patent No. 10,702,448, # 2 Exhibit 2 - U.S. Patent No. 10,857,064, # 3 Exhibit 3 - U.S. Patent No. 10,918,565, # 4 Exhibit 4 - U.S. Patent No. 11,160,722, # 5 Exhibit 5 - September 8, 2021, Applicant Response to the Office Action, # 6 Exhibit 6 - February 10, 2021, Applicant Opinion on the Reason for Refusal, # 7 Exhibit 7 - July 28, 2022, Applicant Response to the Office Action, # 8 Exhibit 8 - Non-Final Office Action dated January 24, 2020, # 9 Exhibit 9 - April 17, 2020, Applicant Response to the Non-Final Office Action, # 10 Exhibit 10 - May 28, 2020, Notice of Allowability, # 11 Exhibit 11 - September 22, 2020, Non-Final Office Action, # 12 Exhibit 12 - December 17, 2020, Amendment and Response to the Non-Final Office Action, # 13 Exhibit 13 - January 8, 2021, Notice of Allowability, # 14 Exhibit 14 - Therabody Infringement Contentions, # 15 Exhibit 15 - Transcript of Oral Argument held on November 16, 2022, # 16 Exhibit 16 - Definition of grasp in the American Heritage Dictionary, Second College Edition (1982), # 17 Exhibit 17 - Definition of grasp and handle in the American Heritage Dictionary of English Language Third Edition (1992), # 18 Exhibit 18 - Definition of handle in the New International Websters Comprehensive Dictionary of the English Language, Encyclopedic Edition, # 19 Exhibit 19 - Definition of handle in the Websters Ninth New Collegiate Dictionary (1990), # 20 Exhibit 20 - June 9, 2020, Applicant-Initiated Interview Summary, # 21 Exhibit 21 - U.S. Patent No. 10,945,915, # 22 Exhibit 22 - November 22, 2021, Joint Claim Construction Chart in Theragun v. Echelon).(Stimpson, Scott) (Entered: 02/10/2023) (0)
Feb 8, 2023 124 ORDER denying without prejudice 120 Letter Motion for Discovery. Tzumi's motion to compel and for sanctions (Dkt. 120) is denied without prejudice. The parties shall continue to meet and confer. If they reach a legitimate impasse by February 15, 2023, either party may seek relief accordingly and shall provide the appropriate certification in any such application SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/8/23) (yv) (Entered: 02/08/2023) (1)
Feb 7, 2023 123 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Marc J. Pensabene dated February 7, 2023 re: 120 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated 2/2/2023. . Document filed by Therabody, Inc.(a Delaware corporation). (Attachments: # 1 Exhibit H - Marc J. Pensabene email, dated 01/06/23, # 2 Exhibit I - Cameron W. Westin email, dated 09/15/22, # 3 Exhibit J - Marc J. Pensabene email, dated 12/14/22).(Pensabene, Marc) (Entered: 02/07/2023) (0)
Feb 6, 2023 121 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated 2/6/2023. Document filed by Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 02/06/2023) (2)
Feb 6, 2023 122 ORDER granting 121 Letter Motion for Leave to File Excess Pages. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/6/2023) (tg) (Entered: 02/06/2023) (2)
Feb 2, 2023 120 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated 2/2/2023. Document filed by Tzumi Electronics LLC. (Attachments: # 1 Exhibit A 2/2/23 Email Correspondence, # 2 Exhibit B Therabodys Responses to First Set of Document Requests, # 3 Exhibit C 4/9/22 Letter, # 4 Exhibit D Therabodys Responses to Second Set of Document Requests, # 5 Exhibit E 6/28/22 Email Correspondence, # 6 Exhibit F 4/12/22 Email Correspondence, # 7 Exhibit G 12/15/22 Email).(Stimpson, Scott) (Entered: 02/02/2023) (0)
Feb 1, 2023 119 LETTER addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated 2/1/2023 re: Response to pre-motion letter by Therabody.. Document filed by Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 02/01/2023) (4)
Jan 27, 2023 118 LETTER MOTION for Conference re: 117 Amended Answer to Complaints, Counterclaim,,,, addressed to Judge Paul G. Gardephe from Marc J. Pensabene dated January 27, 2023. Document filed by Therabody, Inc.. (Attachments: # 1 Exhibit A - Tzumi's Amended Answer, Affirmative Defenses, and Counterclaims, # 2 Exhibit B - Subpoena to Walmart Inc.).(Pensabene, Marc) (Entered: 01/27/2023) (0)
Jan 23, 2023 117 AMENDED ANSWER to 53 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against Therabody, Inc.. Document filed by Tzumi Electronics LLC. (Attachments: # 1 Exhibit 1 - Warning Letter, # 2 Exhibit 2 - Korean Office Action Response, # 3 Exhibit 3 - Certified Translation, # 4 Exhibit 4 - EPO Office Action Response, # 5 Exhibit 5 - '448 Claim Chart, # 6 Exhibit 6 - '565 Claim Chart, # 7 Exhibit 7 - '064 Claim Chart, # 8 Exhibit 8 - '722 Claim Chart, # 9 Exhibit 9 - Walmart Subpoena).(Stimpson, Scott) (Entered: 01/23/2023) (0)
Jan 11, 2023 116 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/11/2023) (mml) (Entered: 01/11/2023) (17)
Jan 10, 2023 115 LETTER addressed to Judge Paul G. Gardephe from Marc J. Pensabene dated 1/10/2023 re: Submitting their proposed Stipulated Confidentiality Agreement and Proposed Protective Order. Document filed by Therabody, Inc.. (Attachments: # 1 Exhibit A- Therabody Tzumi Proposed Protective Order, # 2 Exhibit B- Redline).(Pensabene, Marc) (Entered: 01/10/2023) (0)
Jan 9, 2023 114 MEMO ENDORSEMENT on re: 113 Notice (Other) filed by Therabody, Inc., ENDORSEMENT: The application is granted. The Clerk of Court will remove Thomas McClinton Harris as counsel for Plaintiff Therabody, Inc. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/9/2023) Attorney Thomas McClinton Harris terminated. (ks) (Entered: 01/09/2023) (2)
Jan 4, 2023 112 REPLY MEMORANDUM OF LAW in Support re: 104 Objection to Report and Recommendations . Document filed by Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 01/04/2023) (4)
Jan 4, 2023 113 NOTICE of Withdraw of Counsel. Document filed by Therabody, Inc...(Williamson, Brett) (Entered: 01/04/2023) (2)
Jan 3, 2023 111 ANSWER to 53 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against Therabody, Inc.. Document filed by Tzumi Electronics LLC. (Attachments: # 1 Exhibit Exhibit 1 - Warning Letter, # 2 Exhibit Exhibit 2 - '448 Claim Chart, # 3 Exhibit Exhibit 3 - '565 Claim Chart, # 4 Exhibit Exhibit 4 - '064 Claim Chart, # 5 Exhibit Exhibit 5 - '722 Claim Chart, # 6 Exhibit Exhibit 6 - Subpoena).(Stimpson, Scott) (Entered: 01/03/2023) (0)
Dec 29, 2022 110 MEMO ENDORSEMENT on re: 109 Letter filed by Tzumi Electronics LLC. ENDORSEMENT: The Application is granted. SO ORDERED. ( Replies due by 1/4/2023.) (Signed by Judge Paul G. Gardephe on 12/29/2022) (ate) (Entered: 12/29/2022) (1)
Dec 28, 2022 109 LETTER addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated December 28, 2022 re: Request leave to file a three-page reply in support of Tzumi's Rule 72 Objections. Document filed by Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 12/28/2022) (1)
Dec 27, 2022 108 STATUS REPORT. Document filed by Therabody, Inc...(Ragosa, Diane) (Entered: 12/27/2022) (2)
Dec 23, 2022 106 RESPONSE re: 104 Objection to Report and Recommendations PLAINTIFF THERABODY, INC.'S RESPONSE TO DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION DENYING PARTIAL MOTION FOR SUMMARY JUDGMENT. Document filed by Therabody, Inc...(Williamson, Brett) (Entered: 12/23/2022) (8)
Dec 23, 2022 107 CLAIM CONSTRUCTION STATEMENT. Document filed by Therabody, Inc.. (Attachments: # 1 Appendix to Plaintiff Therabody, Inc.'s Opening Claim Construction Brief, # 2 Exhibit A - Definition of "grasp", # 3 Exhibit B - Definition of "handle", # 4 Exhibit C - Definition of "portion", # 5 Exhibit D - Email correspondence, # 6 Exhibit E - Definition of "height", # 7 Exhibit F - Definition of "width", # 8 Exhibit G - Definition of "thickness", # 9 Exhibit H - Definition of "transverse").(Williamson, Brett) (Entered: 12/23/2022) (0)
Dec 19, 2022 105 REPORT AND RECOMMENDATION TO HON. PAUL G. GARDEPHE: MOTION TO DISMISS re: 84 MOTION to Dismiss filed by Tzumi Electronics LLC. For the foregoing reasons, I recommend Tzumi's motion be DENIED. To the extent not discussed herein, the Court has considered all of Tzumi's arguments and determined them to be without merit. Copies transmitted to all counsel of record. Objections to R&R due by 1/3/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 12/19/2022) (mml) (Entered: 12/19/2022) (30)
Dec 12, 2022 104 OBJECTION to 97 Report and Recommendations Document filed by Tzumi Electronics LLC..(Stimpson, Scott) (Entered: 12/12/2022) (12)
Dec 9, 2022 102 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 11/16/2022 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023. (js) (Entered: 12/09/2022) (76)
Dec 9, 2022 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 11/16/2022 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....(js) (Entered: 12/09/2022) (30)
Dec 7, 2022 100 LETTER MOTION for Extension of Time to File the Opening Claim Construction Brief addressed to Magistrate Judge Robert W. Lehrburger from Diane C. Ragosa dated 12/7/2022. Document filed by Therabody, Inc...(Ragosa, Diane) (Entered: 12/07/2022) (2)
Dec 7, 2022 101 ORDER: granting 100 Letter Motion for Extension of Time to File. Extension Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/07/2022) (ama) (Entered: 12/07/2022) (2)
Dec 5, 2022 98 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 11/16/2022 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/27/2022. Redacted Transcript Deadline set for 1/5/2023. Release of Transcript Restriction set for 3/6/2023.(js) (Entered: 12/05/2022) (76)
Dec 5, 2022 99 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 11/16/2022 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....(js) (Entered: 12/05/2022) (1)
Nov 28, 2022 97 REPORT AND RECOMMENDATION TO HON. PAUL G. GARDEPHE: DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT re: 67 MOTION for Summary Judgment filed by Tzumi Electronics LLC. For the foregoing reasons, I recommend Tzumi's motion be DENIED. To the extent not discussed herein, the Court has considered all of Tzumi's arguments and determined them to be without merit. Copies transmitted to all counsel of record. Objections to R&R due by 12/12/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 11/28/2022) (mml) (Entered: 11/28/2022) (30)
Nov 17, 2022 96 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated 11/17/2022 re: Presentation Slides. Document filed by Tzumi Electronics LLC, Tzumi Electronics LLC, Tzumi Inc.(a New York Corporation), Tzumi Inc.(a New York corporation )..(Stimpson, Scott) (Entered: 11/17/2022) (12)
Nov 16, 2022 95 NOTICE of THERABODY, INC.'S FILING OF PRESENTATION IN SUPPORT OF ITS OPPOSITION TO TZUMI'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT re: 70 Memorandum of Law in Opposition to Motion. Document filed by Therabody, Inc.. (Attachments: # 1 Exhibit PowerPoint Presentation).(Williamson, Brett) (Entered: 11/16/2022) (Main Document) (2)
Nov 16, 2022 95 NOTICE of THERABODY, INC.'S FILING OF PRESENTATION IN SUPPORT OF ITS OPPOSITION TO TZUMI'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT re: 70 Memorandum of Law in Opposition to Motion. Document filed by Therabody, Inc.. (Attachments: # 1 Exhibit PowerPoint Presentation).(Williamson, Brett) (Entered: 11/16/2022) (Exhibit PowerPoint Presentation) (30)
Nov 14, 2022 N/A Order on Motion for Oral Argument (0)
Docket Text: ORDER granting [88] Letter Motion for Oral Argument.The oral argument scheduled for Wednesday November 16, 2022 will address both Tzumi's motion for partial summary judgment and its motion to dismiss Therabody's willfulness allegations. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Talmage, Mariel)
Nov 14, 2022 94 ORDER granting 88 Letter Motion for Oral Argument.The oral argument scheduled for Wednesday November 16, 2022 will address both Tzumi's motion for partial summary judgment and its motion to dismiss Therabody's willfulness allegations. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Talmage, Mariel) (Entered: 11/14/2022) (0)
Nov 8, 2022 52 Amended Complaint* (1)
Nov 8, 2022 53 Amended Complaint* (1)
Nov 8, 2022 19 Amended Complaint* (1)
Nov 2, 2022 93 Claim Construction Statement (14)
Docket Text: JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Therabody, Inc...(Ragosa, Diane)
Oct 28, 2022 92 Status Report (2)
Docket Text: STATUS REPORT. Document filed by Therabody, Inc...(Ragosa, Diane)
Oct 17, 2022 N/A Notice of Hearing (0)
Docket Text: NOTICE of Hearing: Oral Argument set for 11/16/2022 at 2:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
Oct 17, 2022 91 Amended Order Referring Case to Magistrate Judge (1)
Docket Text: AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motions: Dkt. Nos. 67, 84. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Paul G. Gardephe on 10/17/2022) (ate)
Sep 22, 2022 89 Letter (1)
Docket Text: LETTER addressed to Judge Paul G. Gardephe from Marc J. Pensabene dated 9/22/2022 re: Dkt. 88 (Tzumis request for oral argument (Motion to Dismiss)). Document filed by Therabody, Inc...(Pensabene, Marc)
Sep 21, 2022 88 Motion for Oral Argument (1)
Docket Text: LETTER MOTION for Oral Argument on Tzumi's Partial Motion to Dismiss Certain Willfulness Claims From the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated September 21, 2022. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Sep 20, 2022 84 Motion to Dismiss (3)
Docket Text: MOTION to Dismiss . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Sep 20, 2022 85 Memorandum of Law in Support of Motion (12)
Docket Text: MEMORANDUM OF LAW in Support re: [84] MOTION to Dismiss . . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Sep 20, 2022 86 Memorandum of Law in Opposition to Motion (18)
Docket Text: MEMORANDUM OF LAW in Opposition re: [84] MOTION to Dismiss . OPPOSITION TO DEFENDANTS' PARTIAL MOTION TO DISMISS CERTAIN WILLFULNESS CLAIMS FROM THE SECOND AMENDED COMPLAINT. Document filed by Therabody, Inc...(Williamson, Brett)
Sep 20, 2022 87 Reply Memorandum of Law in Support of Motion (17)
Docket Text: REPLY MEMORANDUM OF LAW in Support re: [84] MOTION to Dismiss . . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Sep 8, 2022 82 Motion for Extension of Time to File Response/Reply (1)
Docket Text: LETTER MOTION for Extension of Time to File Response/Reply by Tzumi Electronics LLC addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated September 8, 2022. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Sep 8, 2022 83 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text: ORDER granting [82] Letter Motion for Extension of Time to File Response/Reply re [82] LETTER MOTION for Extension of Time to File Response/Reply by Tzumi Electronics LLC addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated September 8, 2022. Extension granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/8/2022) (tg)
Sep 6, 2022 80 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE: granting [65] Motion for Cameron W. Westin to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 9/06/2022) (ama)
Sep 6, 2022 81 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE: granting [66] Motion for Thomas McClinton Harris to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 9/06/2022) (ama)
Aug 29, 2022 77 Amended Order Referring Case to Magistrate Judge (1)
Docket Text: AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motions: Dkt. No. 67. SO ORDERED. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Paul G. Gardephe on 8/29/2022) (ama)
Aug 29, 2022 78 Order on Motion for Oral Argument (1)
Docket Text: ORDER granting [75] Letter Motion for Oral Argument; granting [76] Letter Motion for Oral Argument. The parties' letter motions for oral argument of the summary judgment motion are granted. (See Dkt. 75 and 76.) The Court will schedule oral argument at a later juncture. SO ORDERED.. (Signed by Magistrate Judge Robert W. Lehrburger on 8/29/2022) Copies transmitted this date to all counsel of record. (kv)
Aug 29, 2022 79 Status Report (2)
Docket Text: STATUS REPORT. Document filed by Therabody, Inc...(Ragosa, Diane)
Aug 23, 2022 67 Motion for Summary Judgment (3)
Docket Text: MOTION for Summary Judgment . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Aug 23, 2022 68 Rule 56.1 Statement (Main Document) (6)
Docket Text: RULE 56.1 STATEMENT. Document filed by Tzumi Electronics LLC. (Attachments: # (1) Appendix Exhibits 1, A - P, # (2) Appendix Exhibits Q - T).(Stimpson, Scott)
Aug 23, 2022 68 Rule 56.1 Statement (Appendix Exhibits 1, A - P) (30)
Docket Text: RULE 56.1 STATEMENT. Document filed by Tzumi Electronics LLC. (Attachments: # (1) Appendix Exhibits 1, A - P, # (2) Appendix Exhibits Q - T).(Stimpson, Scott)
Aug 23, 2022 68 Rule 56.1 Statement (Appendix Exhibits Q - T) (30)
Docket Text: RULE 56.1 STATEMENT. Document filed by Tzumi Electronics LLC. (Attachments: # (1) Appendix Exhibits 1, A - P, # (2) Appendix Exhibits Q - T).(Stimpson, Scott)
Aug 23, 2022 69 Memorandum of Law in Support of Motion (22)
Docket Text: MEMORANDUM OF LAW in Support re: [67] MOTION for Summary Judgment . . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Aug 23, 2022 70 Memorandum of Law in Opposition to Motion (30)
Docket Text: MEMORANDUM OF LAW in Opposition re: [67] MOTION for Summary Judgment . . Document filed by Therabody, Inc...(Williamson, Brett)
Aug 23, 2022 71 Counter Statement to Rule 56.1 (Main Document) (29)
Docket Text: COUNTER STATEMENT TO [68] Rule 56.1 Statement. Document filed by Therabody, Inc.. (Attachments: # (1) Appendix Exhibits U-GG).(Williamson, Brett)
Aug 23, 2022 71 Counter Statement to Rule 56.1 (Appendix Exhibits U-GG) (30)
Docket Text: COUNTER STATEMENT TO [68] Rule 56.1 Statement. Document filed by Therabody, Inc.. (Attachments: # (1) Appendix Exhibits U-GG).(Williamson, Brett)
Aug 23, 2022 72 Reply Memorandum of Law in Support of Motion (17)
Docket Text: REPLY MEMORANDUM OF LAW in Support re: [67] MOTION for Summary Judgment . . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Aug 23, 2022 73 Response (5)
Docket Text: RESPONSE re: [71] Counter Statement to Rule 56.1 . Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Aug 23, 2022 74 Declaration in Support of Motion (Main Document) (2)
Docket Text: DECLARATION of Scott D. Stimpson (Reply) in Support re: [67] MOTION for Summary Judgment .. Document filed by Tzumi Electronics LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Stimpson, Scott)
Aug 23, 2022 74 Declaration in Support of Motion (Exhibit A) (4)
Docket Text: DECLARATION of Scott D. Stimpson (Reply) in Support re: [67] MOTION for Summary Judgment .. Document filed by Tzumi Electronics LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Stimpson, Scott)
Aug 23, 2022 74 Declaration in Support of Motion (Exhibit B) (2)
Docket Text: DECLARATION of Scott D. Stimpson (Reply) in Support re: [67] MOTION for Summary Judgment .. Document filed by Tzumi Electronics LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Stimpson, Scott)
Aug 23, 2022 75 Motion for Oral Argument (1)
Docket Text: LETTER MOTION for Oral Argument addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated August 23, 2022. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Aug 23, 2022 76 Motion for Oral Argument (1)
Docket Text: LETTER MOTION for Oral Argument addressed to Judge Paul G. Gardephe from Marc J. Pensabene dated August 23, 2022. Document filed by Therabody, Inc...(Pensabene, Marc)
Aug 2, 2022 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [65] MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
Aug 2, 2022 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [66] MOTION for Thomas McClinton Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26491056. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
Aug 1, 2022 65 Motion to Appear Pro Hac Vice (Main Document) (2)
Docket Text: MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit / Declaration of Cameron W. Westin, # (2) Exhibit - Certificate of Good Standing - California, # (3) Exhibit - Certificate of Good Standing - District of Columbia, # (4) Exhibit - Certificate of Good Standing - Maryland, # (5) Text of Proposed Order ).(Westin, Cameron)
Aug 1, 2022 65 Motion to Appear Pro Hac Vice (Affidavit / Declaration of Cameron W. Westin) (2)
Docket Text: MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit / Declaration of Cameron W. Westin, # (2) Exhibit - Certificate of Good Standing - California, # (3) Exhibit - Certificate of Good Standing - District of Columbia, # (4) Exhibit - Certificate of Good Standing - Maryland, # (5) Text of Proposed Order ).(Westin, Cameron)
Aug 1, 2022 65 Motion to Appear Pro Hac Vice (Exhibit - Certificate of Good Standing - California) (1)
Docket Text: MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit / Declaration of Cameron W. Westin, # (2) Exhibit - Certificate of Good Standing - California, # (3) Exhibit - Certificate of Good Standing - District of Columbia, # (4) Exhibit - Certificate of Good Standing - Maryland, # (5) Text of Proposed Order ).(Westin, Cameron)
Aug 1, 2022 65 Motion to Appear Pro Hac Vice (Exhibit - Certificate of Good Standing - District of Columbia) (1)
Docket Text: MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit / Declaration of Cameron W. Westin, # (2) Exhibit - Certificate of Good Standing - California, # (3) Exhibit - Certificate of Good Standing - District of Columbia, # (4) Exhibit - Certificate of Good Standing - Maryland, # (5) Text of Proposed Order ).(Westin, Cameron)
Aug 1, 2022 65 Motion to Appear Pro Hac Vice (Exhibit - Certificate of Good Standing - Maryland) (1)
Docket Text: MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit / Declaration of Cameron W. Westin, # (2) Exhibit - Certificate of Good Standing - California, # (3) Exhibit - Certificate of Good Standing - District of Columbia, # (4) Exhibit - Certificate of Good Standing - Maryland, # (5) Text of Proposed Order ).(Westin, Cameron)
Aug 1, 2022 65 Motion to Appear Pro Hac Vice (Text of Proposed Order) (2)
Docket Text: MOTION for Cameron W. Westin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26488821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit / Declaration of Cameron W. Westin, # (2) Exhibit - Certificate of Good Standing - California, # (3) Exhibit - Certificate of Good Standing - District of Columbia, # (4) Exhibit - Certificate of Good Standing - Maryland, # (5) Text of Proposed Order ).(Westin, Cameron)
Aug 1, 2022 66 Motion to Appear Pro Hac Vice (Main Document) (2)
Docket Text: MOTION for Thomas McClinton Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26491056. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Exhibit DECLARATION OF THOMAS MCCLINTON HARRIS IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) Exhibit [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE, # (3) Exhibit CERTIFICATE OF GOOD STANDING).(Harris, Thomas)
Aug 1, 2022 66 Motion to Appear Pro Hac Vice (Exhibit DECLARATION OF THOMAS MCCLINTON HARRIS IN SUPPORT OF MOTION FOR ADMISSIO) (2)
Docket Text: MOTION for Thomas McClinton Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26491056. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Exhibit DECLARATION OF THOMAS MCCLINTON HARRIS IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) Exhibit [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE, # (3) Exhibit CERTIFICATE OF GOOD STANDING).(Harris, Thomas)
Aug 1, 2022 66 Motion to Appear Pro Hac Vice (Exhibit [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE) (2)
Docket Text: MOTION for Thomas McClinton Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26491056. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Exhibit DECLARATION OF THOMAS MCCLINTON HARRIS IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) Exhibit [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE, # (3) Exhibit CERTIFICATE OF GOOD STANDING).(Harris, Thomas)
Aug 1, 2022 66 Motion to Appear Pro Hac Vice (Exhibit CERTIFICATE OF GOOD STANDING) (1)
Docket Text: MOTION for Thomas McClinton Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26491056. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Therabody, Inc.. (Attachments: # (1) Exhibit DECLARATION OF THOMAS MCCLINTON HARRIS IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) Exhibit [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE, # (3) Exhibit CERTIFICATE OF GOOD STANDING).(Harris, Thomas)
Jul 20, 2022 62 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Brett Johnston Williamson on behalf of Therabody, Inc...(Williamson, Brett)
Jul 20, 2022 63 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Marc Joseph Pensabene on behalf of Therabody, Inc...(Pensabene, Marc)
Jul 20, 2022 64 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Laura Bayne Gore on behalf of Therabody, Inc...(Gore, Laura)
Jul 6, 2022 60 Proposed Order for Substitution of Attorney (Main Document) (1)
Docket Text: PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit DECLARATION OF GREGORY S. CORDREY PURSUANT TO LOCAL RULE 1.4).(Swift, Peter)
Jul 6, 2022 60 Proposed Order for Substitution of Attorney (Affidavit DECLARATION OF GREGORY S. CORDREY PURSUANT TO LOCAL RULE 1.4) (2)
Docket Text: PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Therabody, Inc.. (Attachments: # (1) Affidavit DECLARATION OF GREGORY S. CORDREY PURSUANT TO LOCAL RULE 1.4).(Swift, Peter)
Jul 6, 2022 61 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER SUBSTITUTING ATTORNEYS: The undersigned hereby stipulate and consent to the substitution of the law firm of Parker Ibrahim & Berg LLP, by and through its attorney Diane C. Ragosa in the above-entitled matter and in place and instead of the law firm of Jeffer Mangels Butler & Mitchell LLP, and its attorneys Gregory S. Cordrey and Stanley M. Gibson. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/6/2022) (mml)
Jun 29, 2022 59 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [58] Status Report filed by Therabody, Inc. ENDORSEMENT: Extensions granted. SO ORDERED. (Responses due by 8/26/2022, Replies due by 9/12/2022.) (Signed by Magistrate Judge Robert W. Lehrburger on 6/29/2022) (mml)
Jun 28, 2022 58 Status Report (2)
Docket Text: STATUS REPORT. Joint status report and request for extension Document filed by Therabody, Inc...(Ragosa, Diane)
Jun 2, 2022 57 Order on Motion for Extension of Time (1)
Docket Text: ORDER granting [56] Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/2/2022) (mml)
Jun 1, 2022 56 Motion for Extension of Time (1)
Docket Text: LETTER MOTION for Extension of Time for Therabody to serve its infringement contentions and for Tzumi to serve its invalidity contentions addressed to Magistrate Judge Robert W. Lehrburger from Diane C. Ragosa, Esq. dated June 1, 2022. Document filed by Therabody, Inc...(Ragosa, Diane)
May 26, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Motions due by 6/13/2022. Responses due by 7/15/2022 Replies due by 7/29/2022. (vfr)
May 26, 2022 54 Motion for Extension of Time to File (2)
Docket Text: LETTER MOTION for Extension of Time to File Motion for Partial Summary Judgment addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated May 26, 2022. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
May 26, 2022 55 Order on Motion for Extension of Time to File (2)
Docket Text: ORDER granting [54] Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/26/2022) (vfr)
May 10, 2022 N/A Notice to Attorney Regarding Party Modification (0)
Docket Text: ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Diane Christine Ragosa. The party information for the following party/parties has been modified: Therabody, Inc., a Delaware corporation, Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)
May 9, 2022 53 Amended Complaint (Main Document) (30)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit A, 915 Patent) (16)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit B, 448 Patent) (30)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit C, 565 Patent) (30)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit D, 261 Patent) (8)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit E, 182 Patent) (7)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit F, 943 Patent) (7)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit G, 393 Patent) (7)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit H, 500 Patent) (12)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit I, 490 Patent) (18)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit J, 723 Patent) (16)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit K, 636 Patent) (8)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit L, 404 Patent) (8)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit M, 064 Patent) (30)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 9, 2022 53 Amended Complaint (Exhibit N, 722 Patent) (30)
Docket Text: SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, a New York company, Tzumi Inc., a New York corporation with JURY DEMAND.Document filed by Therabody, Inc., a Delaware corporation. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane)
May 6, 2022 N/A Notice to Attorney Regarding Deficient Pleading (0)
Docket Text: ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Diane Christine Ragosa to RE-FILE re: Document No. [52] Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading (Therabody, Inc. with party text "a Delaware corporation") were not entered on CM ECF; the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
May 6, 2022 52 Amended Complaint (Main Document) (30)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit A, 915 Patent) (16)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit B, 448 Patent) (30)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit C, 565 Patent) (30)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit D, 261 Patent) (8)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit E, 182 Patent) (7)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit F, 943 Patent) (7)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit G, 393 Patent) (7)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit H, 500 Patent) (12)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit I, 490 Patent) (18)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit J, 723 Patent) (16)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit K, 636 Patent) (8)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit L, 404 Patent) (8)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit M, 064 Patent) (30)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 6, 2022 52 Amended Complaint (Exhibit N, 722 Patent) (30)
Docket Text: FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending [19] Amended Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [19] Amended Complaint,. (Attachments: # (1) Exhibit A, 915 Patent, # (2) Exhibit B, 448 Patent, # (3) Exhibit C, 565 Patent, # (4) Exhibit D, 261 Patent, # (5) Exhibit E, 182 Patent, # (6) Exhibit F, 943 Patent, # (7) Exhibit G, 393 Patent, # (8) Exhibit H, 500 Patent, # (9) Exhibit I, 490 Patent, # (10) Exhibit J, 723 Patent, # (11) Exhibit K, 636 Patent, # (12) Exhibit L, 404 Patent, # (13) Exhibit M, 064 Patent, # (14) Exhibit N, 722 Patent).(Ragosa, Diane) Modified on 5/6/2022 (vf).
May 5, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Brief due by 12/16/2022. Responses to Brief due by 2/3/2023. Reply to Response to Brief due by 3/3/2023. (va)
May 5, 2022 51 Scheduling Order (4)
Docket Text: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting further proceedings before a Magistrate Judge, including dispositive motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Brief due by 12/16/2022. Responses to Brief due by 2/3/2023. Reply to Response to Brief due by 3/3/2023. Plaintiff estimates the length of trial to be 8-10 days. Defendants estimate the length of trial to be 15 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/5/2022) (va) Modified on 5/12/2022 (va).
May 4, 2022 50 Rule 26(f) Discovery Plan Report (4)
Docket Text: RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Theragun, Inc...(Ragosa, Diane)
Apr 29, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Amended Pleadings due by 5/6/2022. Motions due by 6/6/2022. Responses due by. 7/8/2022. Replies due by 7/22/2022. (mml)
Apr 29, 2022 49 Order on Motion for Conference (2)
Docket Text: ORDER terminating [38] LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated March 18, 2022; terminating [23] Letter Motion for Conference re: [38] LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated March 18, 2022. As discussed at the case management conference held on April 28, 2022, the Court orders as follows: 1. Defendants' motion to bifurcate infringement and validity from willfulness and damages is denied for purposes of discovery. The question of whether bifurcation may be appropriate for trial can be addressed at the appropriate juncture. 2. Plaintiff's request to file its further amended complaint is granted. Plaintiff shall file the amended pleading by May 6, 2022. 3. By May 6, 2022, the parties shall jointly file a revised case management plan. The parties may add a total of two months to the combined (fact and expert) discovery period in addition to that set forth in the parties' previously-filed proposed plan (see Dkt 41). Section 9(b) of the revised plan shall allow a period of two months between the parties infringement and invalidity contentions. Section 9(d) of the revised plan shall adopt the schedule for supplemental infringement and invalidity contentions proposed by defendants. 4. If Defendant proceeds with its intended motion for partial summary judgment regarding claim construction and infringement, it shall file the motion by May 31, 2022. Plaintiff shall file its opposition by July 1, 2022. Defendant shall file its reply, if any, by July 15, 2022.5. If Defendant proceeds with its intended motion to dismiss claims of willfulness, it shall file the motion by June 6, 2022. Plaintiff shall file its opposition by July 8, 2022. Defendant shall file its reply, if any, by July 22, 2022.The Clerk of Court is respectfully requested to terminate the letter motions at Dkt. 23 and 38. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 4/29/2022) (mml)
Apr 28, 2022 N/A Case Management Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Case Management Conference held on 4/28/2022 at 12:30 p.m. (rsh)
Apr 28, 2022 48 Memo Endorsement (4)
Docket Text: MEMO ENDORSEMENT on re: [47] Letter, filed by Theragun, Inc. ENDORSEMENT: Request granted. The Court will consider the instant response. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/28/2022) (mml)
Apr 27, 2022 N/A Notice of Hearing (0)
Docket Text: NOTICE of change of time for the Case Management Conference scheduled for 4/28/2022 at 12:30 PM before Magistrate Judge Robert W. Lehrburger. (rsh)
Apr 27, 2022 47 Letter (4)
Docket Text: LETTER addressed to Magistrate Judge Robert W. Lehrburger from Diane C. Ragosa, Esq. dated April 27, 2022 re: request for leave to respond to Tzumi's unauthorized supplemental letter brief (ECF No. 45), and proposed response. Document filed by Theragun, Inc...(Ragosa, Diane)
Apr 26, 2022 45 Letter (12)
Docket Text: LETTER addressed to Magistrate Judge Robert W. Lehrburger from Scott D. Stimpson dated April 26, 2022 re: Updating the Court on a recent development pertaining to Tzumi's pending request that the issues of damages and willfulness be bifurcated from liability in this case involving fourteen patents. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Apr 8, 2022 N/A Notice of Hearing (0)
Docket Text: NOTICE of Hearing: Case Management Conference set for 4/28/2022 at 3:30 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed to the parties one week prior to the conference. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh)
Apr 7, 2022 42 Order (1)
Docket Text: ORDER: The conference in this matter scheduled for April 7, 2022 at 9:15 a.m. is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/7/2022) (ks)
Apr 7, 2022 43 Order Referring Case to Magistrate Judge (1)
Docket Text: ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/7/2022) (ks)
Mar 31, 2022 41 Proposed Case Management Plan (Main Document) (6)
Docket Text: PROPOSED CASE MANAGEMENT PLAN. Document filed by Theragun, Inc.. (Attachments: # (1) Joint Pretrial Conference Letter).(Ragosa, Diane)
Mar 31, 2022 41 Proposed Case Management Plan (Joint Pretrial Conference Letter) (3)
Docket Text: PROPOSED CASE MANAGEMENT PLAN. Document filed by Theragun, Inc.. (Attachments: # (1) Joint Pretrial Conference Letter).(Ragosa, Diane)
Mar 30, 2022 40 Order (1)
Docket Text: ORDER: The conference currently scheduled for April 7, 2022 at 12:00 p.m. will instead take place by telephone on April 7, 2022 at 9:15 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. One day before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/30/2022) ( Telephone Conference set for 4/7/2022 at 09:15 AM before Judge Paul G. Gardephe.) (ks)
Mar 23, 2022 39 Response in Opposition to Motion (Main Document) (8)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Diane C. Ragosa, Esq. dated March 23, 2022 re: [38] LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated March 18, 2022. . Document filed by Theragun, Inc.. (Attachments: # (1) Appendix A, # (2) Appendix B).(Ragosa, Diane)
Mar 23, 2022 39 Response in Opposition to Motion (Appendix A) (1)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Diane C. Ragosa, Esq. dated March 23, 2022 re: [38] LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated March 18, 2022. . Document filed by Theragun, Inc.. (Attachments: # (1) Appendix A, # (2) Appendix B).(Ragosa, Diane)
Mar 23, 2022 39 Response in Opposition to Motion (Appendix B) (1)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Diane C. Ragosa, Esq. dated March 23, 2022 re: [38] LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated March 18, 2022. . Document filed by Theragun, Inc.. (Attachments: # (1) Appendix A, # (2) Appendix B).(Ragosa, Diane)
Mar 18, 2022 38 Motion for Conference (4)
Docket Text: LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated March 18, 2022. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Feb 24, 2022 37 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [36] Status Report filed by Theragun, Inc. ENDORSEMENT: A conference in this case will take place on April 7, 2022 at 12:00 p.m. ( Status Conference set for 4/7/2022 at 12:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 2/24/2022) (rro)
Feb 22, 2022 36 Status Report (1)
Docket Text: STATUS REPORT. Joint letter re: status of settlement discussions, and request for conference. Document filed by Theragun, Inc...(Ragosa, Diane)
Feb 11, 2022 35 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT: on re: [34] Status Report filed by Theragun, Inc. ENDORSEMENT: The Application is Granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/11/2022) (ama)
Feb 7, 2022 34 Status Report (1)
Docket Text: STATUS REPORT. Joint letter re: status of settlement discussions and request for stay until February 22, 2022. Document filed by Theragun, Inc...(Ragosa, Diane)
Jan 17, 2022 33 Order on Motion to Appear Pro Hac Vice (1)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [32] Motion for Stanley M. Gibson to Appear Pro Hac Vice. The motion of Stanley M. Gibson, for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul G. Gardephe on 1/17/22) (yv)
Jan 14, 2022 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [32] MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
Jan 13, 2022 32 Motion to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Stanley M. Gibson in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Gibson, Stanley)
Jan 13, 2022 32 Motion to Appear Pro Hac Vice (Affidavit of Stanley M. Gibson in Support of Motion to Admit Counsel Pro Hac Vic) (3)
Docket Text: MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Stanley M. Gibson in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Gibson, Stanley)
Jan 13, 2022 32 Motion to Appear Pro Hac Vice (Exhibit Certificate of Good Standing) (1)
Docket Text: MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Stanley M. Gibson in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Gibson, Stanley)
Jan 13, 2022 32 Motion to Appear Pro Hac Vice (Text of Proposed Order) (1)
Docket Text: MOTION for Stanley Martin Gibson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25585938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Stanley M. Gibson in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Gibson, Stanley)
Jan 10, 2022 31 Order on Motion to Appear Pro Hac Vice (1)
Docket Text: MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE granting [28] Motion for Gregory S. Cordrey to Appear Pro Hac Vice. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/10/2022) (ks)
Jan 6, 2022 N/A Pretrial Conference - Initial (0)
Docket Text: Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 1/6/2022. (Court Reporter Eve Giniger) (mr)
Jan 6, 2022 30 Order Staying Case (1)
Docket Text: ORDER: It is hereby ORDERED that this case is stayed until February 7, 2022. The parties will submit a joint letter by February 7, 2022 indicating the status of settlement negotiations. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/6/2022) (ks)
Jan 5, 2022 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [28] MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
Jan 5, 2022 29 Rule 7.1 Corporate Disclosure Statement (1)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Jan 4, 2022 28 Motion to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Gregory S. Cordrey in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Cordrey, Gregory)
Jan 4, 2022 28 Motion to Appear Pro Hac Vice (Affidavit of Gregory S. Cordrey in Support of Motion to Admit Counsel Pro Hac Vi) (3)
Docket Text: MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Gregory S. Cordrey in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Cordrey, Gregory)
Jan 4, 2022 28 Motion to Appear Pro Hac Vice (Exhibit Certificate of Good Standing) (1)
Docket Text: MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Gregory S. Cordrey in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Cordrey, Gregory)
Jan 4, 2022 28 Motion to Appear Pro Hac Vice (Text of Proposed Order) (1)
Docket Text: MOTION for Gregory S. Cordrey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25540767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Theragun, Inc.. (Attachments: # (1) Affidavit of Gregory S. Cordrey in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order).(Cordrey, Gregory)
Dec 30, 2021 27 Proposed Case Management Plan (Main Document) (6)
Docket Text: PROPOSED CASE MANAGEMENT PLAN. Document filed by Theragun, Inc.. (Attachments: # (1) Joint Pretrial Conference Letter).(Ragosa, Diane)
Dec 30, 2021 27 Proposed Case Management Plan (Joint Pretrial Conference Letter) (3)
Docket Text: PROPOSED CASE MANAGEMENT PLAN. Document filed by Theragun, Inc.. (Attachments: # (1) Joint Pretrial Conference Letter).(Ragosa, Diane)
Dec 16, 2021 24 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Diane Christine Ragosa on behalf of Theragun, Inc...(Ragosa, Diane)
Dec 16, 2021 25 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Peter Andrew Swift on behalf of Theragun, Inc...(Swift, Peter)
Dec 16, 2021 26 Response in Opposition to Motion (Main Document) (5)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Diane C. Ragosa, Esq. dated December 16, 2021 re: [23] LETTER MOTION for Conference re: [19] Amended Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated December 13, 2021. . Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A).(Ragosa, Diane)
Dec 16, 2021 26 Response in Opposition to Motion (Exhibit A) (3)
Docket Text: LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Diane C. Ragosa, Esq. dated December 16, 2021 re: [23] LETTER MOTION for Conference re: [19] Amended Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated December 13, 2021. . Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A).(Ragosa, Diane)
Dec 13, 2021 23 Motion for Conference (5)
Docket Text: LETTER MOTION for Conference re: [19] Amended Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated December 13, 2021. Document filed by Tzumi Electronics LLC..(Stimpson, Scott)
Nov 30, 2021 22 Letter (Main Document) (2)
Docket Text: LETTER addressed to Judge Paul G. Gardephe from Zaid Shukri dated November 30, 2021 re: Letter enclosing courtesy copy of First Amended Complaint and Blackline. Document filed by Theragun, Inc.. (Attachments: # (1) Enclosure 1 - First Amended Complaint with Exhibits A - L, # (2) Enclosure 2 - Blackline).(Shukri, Zaid)
Nov 30, 2021 22 Letter (Enclosure 1 - First Amended Complaint with Exhibits A - L) (30)
Docket Text: LETTER addressed to Judge Paul G. Gardephe from Zaid Shukri dated November 30, 2021 re: Letter enclosing courtesy copy of First Amended Complaint and Blackline. Document filed by Theragun, Inc.. (Attachments: # (1) Enclosure 1 - First Amended Complaint with Exhibits A - L, # (2) Enclosure 2 - Blackline).(Shukri, Zaid)
Nov 30, 2021 22 Letter (Enclosure 2 - Blackline) (30)
Docket Text: LETTER addressed to Judge Paul G. Gardephe from Zaid Shukri dated November 30, 2021 re: Letter enclosing courtesy copy of First Amended Complaint and Blackline. Document filed by Theragun, Inc.. (Attachments: # (1) Enclosure 1 - First Amended Complaint with Exhibits A - L, # (2) Enclosure 2 - Blackline).(Shukri, Zaid)
Nov 24, 2021 20 Exhibit to Pleading (Main Document) (16)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit B [Exhibit A is Main Document]) (30)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit C) (30)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit D) (8)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit E) (7)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit F) (7)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit G) (7)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 20 Exhibit to Pleading (Exhibit H) (12)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit B [Exhibit A is Main Document], # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H).(Zimmerman, Philippe)
Nov 24, 2021 21 Exhibit to Pleading (18)
Docket Text: EXHIBIT TO PLEADING re: [19] Amended Complaint,. Document filed by Theragun, Inc...(Zimmerman, Philippe)
Nov 23, 2021 19 Amended Complaint (Main Document) (30)
Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [1] Complaint,. (Attachments: # (1) I, # (2) J, # (3) K, # (4) L).(Zimmerman, Philippe)
Nov 23, 2021 19 Amended Complaint (I) (18)
Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [1] Complaint,. (Attachments: # (1) I, # (2) J, # (3) K, # (4) L).(Zimmerman, Philippe)
Nov 23, 2021 19 Amended Complaint (J) (16)
Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [1] Complaint,. (Attachments: # (1) I, # (2) J, # (3) K, # (4) L).(Zimmerman, Philippe)
Nov 23, 2021 19 Amended Complaint (K) (8)
Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [1] Complaint,. (Attachments: # (1) I, # (2) J, # (3) K, # (4) L).(Zimmerman, Philippe)
Nov 23, 2021 19 Amended Complaint (L) (8)
Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint, against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc. with JURY DEMAND.Document filed by Theragun, Inc.. Related document: [1] Complaint,. (Attachments: # (1) I, # (2) J, # (3) K, # (4) L).(Zimmerman, Philippe)
Nov 15, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Amended Pleadings due by 11/23/2021. (ks)
Nov 15, 2021 18 Order on Motion for Extension of Time to Answer (2)
Docket Text: ORDER granting [17] Letter Motion for Extension of Time to Answer re [17] LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated November 10, 2021.. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 11/15/2021) (ks)
Nov 10, 2021 17 Motion for Extension of Time to File Answer (2)
Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated November 10, 2021. Document filed by Tzumi Electronics LLC, Tzumi Inc...(Stimpson, Scott)
Oct 15, 2021 16 Order on Motion for Extension of Time to Answer (1)
Docket Text: ORDER granting [15] Letter Motion for Extension of Time to Answer re [15] LETTER MOTION for Extension of Time to File Answer re: [1] Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated October 12, 2021., [1] Complaint. The Application is granted. SO ORDERED. Tzumi Electronics LLC answer due 11/15/2021; Tzumi Inc. answer due 11/15/2021. (Signed by Judge Paul G. Gardephe on 10/15/2021) (tg)
Oct 12, 2021 12 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Katherine Marguerite Lieb on behalf of Tzumi Electronics LLC, Tzumi Inc...(Lieb, Katherine)
Oct 12, 2021 13 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Steven Ze'Ev Luksenberg on behalf of Tzumi Electronics LLC, Tzumi Inc...(Luksenberg, Steven)
Oct 12, 2021 14 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Scott David Stimpson on behalf of Tzumi Electronics LLC, Tzumi Inc...(Stimpson, Scott)
Oct 12, 2021 15 Motion for Extension of Time to File Answer (1)
Docket Text: LETTER MOTION for Extension of Time to File Answer re: [1] Complaint, addressed to Judge Paul G. Gardephe from Scott D. Stimpson dated October 12, 2021. Document filed by Tzumi Electronics LLC, Tzumi Inc...(Stimpson, Scott)
Oct 8, 2021 10 Affidavit of Service Complaints (1)
Docket Text: AFFIDAVIT OF SERVICE. Tzumi Electronics LLC served on 9/23/2021, answer due 10/14/2021. Service was accepted by Angela Mortellaro, Manager. Document filed by Theragun, Inc...(Shukri, Zaid)
Oct 8, 2021 11 Affidavit of Service Complaints (1)
Docket Text: AFFIDAVIT OF SERVICE. Tzumi Inc. served on 9/23/2021, answer due 10/14/2021. Service was accepted by Angela Mortellaro, Manager. Document filed by Theragun, Inc...(Shukri, Zaid)
Sep 27, 2021 9 Mail Patent Form (case opening) (1)
Docket Text: AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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). (vf)
Sep 24, 2021 8 AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1)
Docket Text: AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Zimmerman, Philippe)
Sep 22, 2021 7 Order for Initial Pretrial Conference (2)
Docket Text: NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 1/6/2022 at 10:30 AM before Judge Paul G. Gardephe. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/22/2021) (ks) Modified on 9/22/2021 (ks).
Sep 20, 2021 N/A Notice to Attorney Regarding Party Modification (0)
Docket Text: ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philippe Alain Zimmerman. The party information for the following party/parties has been modified: Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc., Theragun, Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
Sep 20, 2021 N/A Notice to Attorney Regarding Case Opening Statistical Error Correction (0)
Docket Text: ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philippe Alain Zimmerman. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
Sep 20, 2021 N/A Notice to Attorney to Submit AO 120 Form/AO 121 Form (0)
Docket Text: ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Philippe Alain Zimmerman to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf)
Sep 20, 2021 N/A Case Opening Initial Assignment Notice (0)
Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(vf)
Sep 20, 2021 N/A Case Designation (0)
Docket Text: Magistrate Judge Robert W. Lehrburger 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. (vf)
Sep 20, 2021 N/A Case Designated ECF (0)
Docket Text: Case Designated ECF. (vf)
Sep 20, 2021 5 Summons Issued (2)
Docket Text: ELECTRONIC SUMMONS ISSUED as to Tzumi Electronics LLC, Tzumi Inc. (vf)
Sep 20, 2021 6 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Zaid Shukri on behalf of Theragun, Inc...(Shukri, Zaid)
Sep 17, 2021 1 Complaint (Main Document) (30)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit A) (16)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit B) (30)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit C) (30)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit D) (8)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit E) (7)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit F) (7)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit G) (7)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 1 Complaint (Exhibit H) (12)
Docket Text: COMPLAINT against Does 1 - 10, Tzumi Electronics LLC, Tzumi Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25078592)Document filed by Theragun, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H).(Zimmerman, Philippe)
Sep 17, 2021 2 Civil Cover Sheet (2)
Docket Text: CIVIL COVER SHEET filed..(Zimmerman, Philippe)
Sep 17, 2021 3 Request for Issuance of Summons (2)
Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Tzumi Electronics LLC, Tzumi Inc., re: [1] Complaint,. Document filed by Theragun, Inc...(Zimmerman, Philippe)
Sep 17, 2021 4 Rule 7.1 Corporate Disclosure Statement (2)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Theragun, Inc...(Zimmerman, Philippe)
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