Case number 1:20-cv-03958
Think Products, Inc. v Acco Brands Corporation et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 3, 2023 | 161 | MINUTE entry before the Honorable Andrea R. Wood: The parties having filed a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) 160 , this case is dismissed with prejudice and with each party to bear its own costs, expenses and attorneys' fees. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice (lma, ) (Entered: 08/03/2023) (1) |
| Aug 1, 2023 | 160 | STIPULATION of Dismissal Filed by Plaintiff Think Products, Inc. and Defendants ACCO Brands Corporation and ACCO Brands USA LLC (Schindler, Edwin) (Entered: 08/01/2023) (2) |
| Jul 28, 2023 | 159 | MINUTE entry before the Honorable Gabriel A. Fuentes: With discovery having closed on or about 4/10/23, and no expressed interest in a renewed settlement conference, all matters within the scope of the referral are concluded, and the referral is terminated. Judge Honorable Gabriel A. Fuentes no longer referred to the case. Mailed notice. (lxk, ) (Entered: 07/28/2023) (1) |
| Jun 20, 2023 | 158 | STATUS Report and Joint Claim Construction Statement by Acco Brands Corporation, Acco Brands USA LLC Presented before Presiding Judge (Lucas, John) (Entered: 06/20/2023) (4) |
| Jun 12, 2023 | 157 | REPLY by Defendants Acco Brands Corporation, Acco Brands USA LLC to other,,, 152 ACCO Reply Claim Construction Brief (US Patent No. 10,704,299 B2) (Weiner, Michael) (Entered: 06/12/2023) (20) |
| May 31, 2023 | 156 | MINUTE entry before the Honorable Gabriel A. Fuentes: The parties are directed to review and comply with the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website and revised as of 5/31/23, with the most recent revisions concerning the use of generative artificial intelligence in the preparation of documents filed with the magistrate judge under any applicable referral, or all filed documents if the matter is before the magistrate judge on consent. Mailed notice. (lxk, ) (Entered: 05/31/2023) (1) |
| May 22, 2023 | 154 | MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to strike other,,, 152 Motion to Strike Responsive Brief Presented before Presiding Judge (Weiner, Michael) (Entered: 05/22/2023) (2) |
| May 22, 2023 | 155 | RESPONSE by Think Products, Incin Opposition to MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to strike other,,, 152 Motion to Strike Responsive Brief Presented before Presiding Judge 154 Including Motion to Enlarge the Page Limit of Plaintiff Think Products, Inc.'s Claim Construction Brief 152 , Nunc Pro Tunc, and Consent to Enlarge Page Limitation for Defendants' Reply Claim Construction Brief (Schindler, Edwin) (Entered: 05/22/2023) (2) |
| May 15, 2023 | 152 | CLAIM CONSTRUCTION BRIEF for Construing Independent Claims 1 and 9 of U.S. Patent No. 10,704,299, As Reexamined, by Think Products, Inc (Attachments: # 1 BRIEF EXHIBIT 1: Joao Bock Transaction Systems, LLC v. First National Bank, Civil Action No. 1:11-cv-06472, Memorandum Opinion and Order (Document No. 255) (N.D. Ill, June 24, 2013) (unpublished), # 2 BRIEF EXHIBIT 2: Endo Pharmaceuticals Inc. v. Watson Laboratories, Inc., Civil Action No. 2:13-cv-00192-JRG, Memorandum Opinion and Order (Document No. 69) (E.D. Tex, June 23, 2014), # 3 BRIEF EXHIBIT 3: Teva Pharmaceuticals International GmbH v. Eli Lilly and Co., Civil Action No. 1:18-cv-12029-ADB, Memorandum and Order on Claim Construction (Document No. 101) (D. Mass., Feb. 24, 2021))(Schindler, Edwin) (Entered: 05/15/2023) (0) |
| May 15, 2023 | 153 | DECLARATION of EDWIN D. SCHINDLER IN SUPPORT OF PLAINTIFF THINK PRODUCTS, INC.'S CLAIM CONSTRUCTION BRIEF 152 (Attachments: # 1 EXHIBIT 1: U.S. Patent No. 10,704,299 B2, as issued July 7, 2020, # 2 EXHIBIT 2: Reexamination Certificate, issued December 15, 2021, for U.S. Patent No. 10,704,299 C1, # 3 EXHIBIT 3: Defendants ACCO Brands Corporation's and ACCO Brands USA LLC's Request for Reexamination of U.S. Patent No. 10,704,299, filed in the United States Patent and Trademark Office on May 26, 2021, # 4 EXHIBIT 4: First Office Action in Ex Parte Reexamination, issued September 8, 2021, in the reexamination of U.S. Patent No. 10,704,299, # 5 EXHIBIT 5: Sevier, IV, U.S. Patent No. 6,796,536 B1, Prior Art Reference Applied in First Office Action in Ex Parte Reexamination of U.S. Patent No. 10,704,299, # 6 EXHIBIT 6: Amendment in Response to the First Office Action in Ex Parte Reexamination, filed by Plaintiff Think Products, Inc. on September 10, 2021, # 7 EXHIBIT 7: Definition of "Arm," as Defined by the Oxford Languages Dictionary, as Downloaded from Google.com, # 8 EXHIBIT 8: Definition of "Movable," as Defined by the Oxford Languages Dictionary, as downloaded from Google.com, # 9 EXHIBIT 9: Definition of "Coupled," as Defined by the Oxford Languages Dictionary, as Downloaded from Google.com, # 10 EXHIBIT 10: Definition of "Lock," as Defined by the Oxford Languages Dictionary, as Downloaded from Google.com)(Schindler, Edwin) (Entered: 05/15/2023) (0) |
| Apr 17, 2023 | 151 | Defendants' Opening Claim Construction Brief by Acco Brands Corporation, Acco Brands USA LLC (Attachments: # 1 Appendix AA0001-0041, # 2 Appendix AA0042-0075, # 3 Appendix JA0001-0003, # 4 Appendix JA0004-0056, # 5 Appendix JA0057-0620, # 6 Appendix JA0621-1078)(Weiner, Michael) (Entered: 04/17/2023) (0) |
| Mar 30, 2023 | 150 | TRANSCRIPT OF PROCEEDINGS held on 1/18/2023 before the Honorable Sharon Johnson Coleman. Order Number: 45185. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/20/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/28/2023. (Mccullough, Tracey) (Entered: 03/30/2023) (15) |
| Mar 22, 2023 | 149 | MINUTE entry before the Honorable Sharon Johnson Coleman: In light of the reassignment to Judge Wood, status hearing set for 3/27/2023 is stricken. Mailed notice. (ym, ) (Entered: 03/22/2023) (1) |
| Mar 16, 2023 | 147 | MINUTE entry before the Honorable Gabriel A. Fuentes: For the reasons stated in the accompanying Memorandum Opinion and Order, plaintiff's motion to strike defendants' affirmative defense of invalidity (doc. # 126 ) is denied on the parties' joint consent (doc. # 142 ) to have the magistrate judge decide this motion. Enter Memorandum Opinion and Order. Mailed notice. (lxk, ) (Entered: 03/16/2023) (1) |
| Mar 16, 2023 | 148 | MEMORANDUM Opinion and Order. Signed by the Honorable Gabriel A. Fuentes on 3/16/2023. Mailed notice. (lxk, ) (Entered: 03/16/2023) (14) |
| Mar 15, 2023 | 145 | REPLY by Think Products, Inc to response in opposition to motion, 144 , MOTION by Plaintiff Think Products, Inc to strike Defendants' Affirmative Defense of Invalidity Based Upon Prior Art under 35 U.S.C. §§102 and 103, and for An Award of Plaintiff's Expenses, Including Reasonable Attorneys Fees, 126 (Attachments: # 1 Exhibit 1: Munive v. Town of Cicero, Civil Action No. 1:12-cv-05481, Report and Recommendation (Document No. 533) (N.D. Ill., Oct. 14, 2016), # 2 Exhibit 2: Physicians Healthsource, Inc. v. A-S Medication Solutions, LLC, Civil Action No. 1:12-cv-05105, Memorandum Opinion &Order (Document No. 259) (N.D. Ill., Sept. 7, 2017), # 3 Exhibit 3: United States v. Panter, Civil Action No. 1:11-cv-03052, Report &Recommendation (Document No. 91) (D. Ore., Mar. 14, 2012))(Schindler, Edwin) (Entered: 03/15/2023) (0) |
| Mar 13, 2023 | 146 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Honorable Sharon Johnson Coleman no longer assigned to the case. Signed by Executive Committee on 3/13/23.(rp, ) (Entered: 03/15/2023) (1) |
| Mar 10, 2023 | 144 | RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to strike Defendants' Affirmative Defense of Invalidity Based Upon Prior Art under 35 U.S.C. §§102 and 103, and for An Award of Plaintiff's Expenses, Including Reasonable Attorneys Fees, 126 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weiner, Michael) (Entered: 03/10/2023) (0) |
| Mar 9, 2023 | 143 | MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the status report (doc. #36 in 21 C 3071, doc. # 141 in 20 C 3958, and doc. #149 in 19 C 6978), no adjustments are made to the discovery schedule, with discovery set to close on 4/10/23, and no mutual interest is expressed at this time in a renewed settlement conference. Mailed notice. (lxk, ) (Entered: 03/09/2023) (1) |
| Mar 8, 2023 | 141 | STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) (Entered: 03/08/2023) (3) |
| Mar 8, 2023 | 142 | JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (vodopia, john) (Entered: 03/08/2023) (1) |
| Mar 7, 2023 | 139 | MINUTE entry before the Honorable Sharon Johnson Coleman: The parties represented at the 3/1/23 status hearing that they have no objection to Magistrate Judge Fuentes ruling on Plaintiff's motion to strike affirmative defenses 126 . The parties are instructed to memorialize this consent by filing with the Court a limited consent for Magistrate Judge to rule on the motion by 3/10/23. Mailed notice. (ym, ) (Entered: 03/07/2023) (1) |
| Mar 7, 2023 | 140 | JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Schindler, Edwin) (Entered: 03/07/2023) (1) |
| Mar 3, 2023 | 137 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion (doc. # 135 ) for certain relief from the Court's briefing order is granted, insofar as Plaintiff now has supplied authority for its additional arguments on Interrogatory Nos. 26 and 27, when such authority and arguments (doc. # 136 ) were not included in plaintiff's opening brief (doc. # 129 ) might otherwise have been waived or forfeited. The Court will consider the motion to compel on these two interrogatories in due course. In any event, the Court is concerned that some of its language in the earlier briefing order (doc. # 134 ) was unnecessarily harsh, so in granting the motion, the Court vacates that order and enters an Amended Order concerning the briefing. Enter Amended Order. Mailed notice. (lxk, ) (Entered: 03/03/2023) (1) |
| Mar 3, 2023 | 138 | AMENDED Order Signed by the Honorable Gabriel A. Fuentes on 3/3/2023. Mailed notice. (lxk, ) (Entered: 03/03/2023) (4) |
| Mar 2, 2023 | 133 | MINUTE entry before the Honorable Gabriel A. Fuentes: On referral for discovery supervision and decision of plaintiff's motion to strike (doc.#s 22 , 132 ), the Court orders, on the motion to strike (doc. # 126 ), that defendants file their response by noon on 3/10/23 and that plaintiff files its reply by noon on 3/17/23, per the Court's questions and instructions in the accompanying briefing order. Enter Order. Mailed notice. (lxk, ) (Entered: 03/02/2023) (1) |
| Mar 2, 2023 | 134 | ORDER Signed by the Honorable Gabriel A. Fuentes on 3/2/2023. Mailed notice. (lxk, ) (Entered: 03/02/2023) (5) |
| Mar 2, 2023 | 135 | MOTION by Plaintiff Think Products, Inc to amend/correct order 134 re: "PLAINTIFF THINK PRODUCTS' MOTION DIRECTED TO THE MAGISTRATE JUDGE FOR AN AMENDMENT TO THE BRIEFING ORDER, ENTERED MARCH 2, 2023" (Schindler, Edwin) (Entered: 03/02/2023) (2) |
| Mar 2, 2023 | 136 | MEMORANDUM by Think Products, Inc in support of motion to amend/correct 135 (Attachments: # 1 Exhibit 1: Robax Corporation v. Professional Parks, Inc., Civil Action No. 3:07-cv-01399-D, "Memorandum Opinion and Order" (Document No. 29) (N.D. Tex., Aug. 8, 2008) (unpublished)(Schindler, Edwin) (Entered: 03/02/2023) (0) |
| Mar 1, 2023 | 132 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 3/1/2023. Because plaintiff's motion to strike defendants' affirmative defense of invalidity based upon prior art under 35 U.S.C. §§102 and 103, and for an award of plaintiff's expenses, including reasonable attorney fees, pursuant to Fed.R.Civ. 37(a)(5) 126 deals with discovery and this matter is referred to Magistrate Judge Fuentes for discovery supervision, the motion is to be noticed up before Judge Fuentes. In-person status hearing set for 3/27/2023 at 10:30 AM to stand. Mailed notice. (ym, ) (Entered: 03/01/2023) (1) |
| Feb 28, 2023 | 131 | MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion to strike defendants' affirmative defense of invalidity based upon prior art under 35 U.S.C. §§102 and 103, and for an award of plaintiff's expenses, including reasonable attorney fees, pursuant to Fed.R.Civ. 37(a)(5) 126 set for 3/1/2023 at 10:45 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym, ) (Entered: 02/28/2023) (1) |
| Feb 23, 2023 | 130 | MINUTE entry before the Honorable Sharon Johnson Coleman: Think Product's motion to consolidate cases 19-cv-06978 and 20-cv-3958 for pretrial discovery 14 is stricken as moot. In accordance with Judge Pacold's order (Dkt. 69, 19-cv-06978), the cases have been consolidated for discovery purposes. Mailed notice. (ym, ) (Entered: 02/23/2023) (1) |
| Feb 21, 2023 | 126 | MOTION by Plaintiff Think Products, Inc to strike Defendants' Affirmative Defense of Invalidity Based Upon Prior Art under 35 U.S.C. §§102 and 103, and for An Award of Plaintiff's Expenses, Including Reasonable Attorneys Fees, Pursuant to Fed.R.Civ.P. 37(a)(5) (Schindler, Edwin) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 127 | NOTICE of Motion by Edwin D. Schindler for presentment of motion to strike, 126 before Honorable Sharon Johnson Coleman on 3/1/2023 at 10:45 AM. (Schindler, Edwin) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 128 | AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike Defendants' Affirmative Defense of Invalidity Based Upon Prior Art under 35 U.S.C. §§102 and 103, and for An Award of Plaintiff's Expenses, Including Reasonable Attorneys Fees, 126 , "DECLARATION OF EDWIN D. SCHINDLER IN SUPPORT OF PLAINTIFF THINK PRODUCTS, INC.'S MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES OF INVALIDITY BASED UPON PRIOR ART UNDER 35 U.S.C. §§102 AND 103, AND FOR AN AWARD OF PLAINTIFF'S EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, PURSUANT TO FED.R.CIV. 37(a)(5)" (Attachments: # 1 Exhibit 1: Defendants' Final Invalidity Contentions, Served January 30, 2023, # 2 Exhibit 2: Transcript of Proceedings Before the Hon. Gabriel A. Fuentes, Magistrate Judge, Conducted July 6, 2022, # 3 Exhibit 3: Defendants' Second Supplemental Responses to Plaintiff's Requests for Admission Nos. 10 thru 14, 18, 19, and 23 thru 27, Served February 13, 2023)(Schindler, Edwin) (Entered: 02/21/2023) (0) |
| Feb 21, 2023 | 129 | MEMORANDUM by Think Products, Inc in support of motion to strike, 126 , Defendants' Affirmative Defense of Invalidity Based Upon Prior Art under 35 U.S.C. §§102 and 103, and for An Award of Plaintiff's Expenses, Including Reasonable Attorneys Fees, Pursuant to Fed.R.Civ.P. 37(a)(5) (Schindler, Edwin) (Entered: 02/21/2023) (18) |
| Feb 1, 2023 | 125 | MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for summary judgment 119 is stricken as premature. The parties came before the Court on 1/18/23, at which time Plaintiff requested that the Court enter a briefing schedule on a partial motion for summary judgment. Plaintiff contended that a ruling on the issue would resolve this and the related matters. Defendant disagreed the motion would be dispositive or aid settlement. The Court denied Plaintiff's request to enter the advanced (or expedited) briefing schedule 117 . Nonetheless, Plaintiff filed the motion on 1/30/23, asking that a "standard" briefing schedule be set if the Court would not enter an "expedited" one. If the prior minute order was unclear, the Court declines to expedite the deadlines set in the parties' agreed scheduling order 88 . Because the Court has already entered a dispositive motions schedule, Plaintiff's motion for summary judgment is premature. See Fed. R. Civ. P. 56(b) (Permitting the filing of summary judgment motions at any time "unless... the court orders otherwise"). Presentment of the motion on 2/3/2023 is stricken. Mailed notice. (ym, ) (Entered: 02/01/2023) (1) |
| Jan 31, 2023 | 124 | MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion for partial summary judgment 119 set for 2/3/2023 at 9:30 AM is reset to 11:30 AM (NOTE TIME CHANGE ONLY) and will proceed as an in-person hearing. Mailed notice. (ym, ) (Entered: 01/31/2023) (1) |
| Jan 30, 2023 | 119 | MOTION by Plaintiff Think Products, Inc for partial summary judgment on Whether the Preamble of Claim 1 of U.S. Patent No. 10,704,299 Is, or Is Not, a Limitation on Independent Claim 1, Pursuant to Federal Rule of Civil Procedure 56 (Schindler, Edwin) (Entered: 01/30/2023) (2) |
| Jan 30, 2023 | 120 | NOTICE of Motion by Edwin D. Schindler for presentment of motion for partial summary judgment, 119 before Honorable Sharon Johnson Coleman on 2/3/2023 at 09:30 AM. (Schindler, Edwin) (Entered: 01/30/2023) (2) |
| Jan 30, 2023 | 121 | AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc for partial summary judgment on Whether the Preamble of Claim 1 of U.S. Patent No. 10,704,299 Is, or Is Not, a Limitation on Independent Claim 1, Pursuant to Federal Rule of Civil Procedure 56 119 (Attachments: # 1 Exhibit 1: U.S. Patent No. 10,704,299 B2, as issued July 7, 2020, # 2 Exhibit 2: Defendants ACCO Brands Corporation's and ACCO Brands USA LLC's Request for Reexamination filed in the United States Patent and Trademark Office on May 26, 2021, # 3 Exhibit 3: First Office Action in Ex Parte Reexamination, issued September 8, 2021, in the Reexamination of U.S. Patent No. 10,704,299, # 4 Exhibit 4: Sevier, IV, U.S. Patent No. 6,796,536 B1, Prior Art Reference Applied in First Office Action in Ex Parte Reexamination in the Reexaminationof U.S. Patent No. 10,704,299, # 5 Exhibit 5: Amendment in Response to the First Office Action in Ex Parte Reexamination, filed by Plaintiff Think Products, Inc. on September 10, 2021, # 6 Exhibit 6: Reexamination Certificate, issued December 15, 2021, for U.S. Patent No. 10,704,299 C1)(Schindler, Edwin) (Entered: 01/30/2023) (0) |
| Jan 30, 2023 | 122 | RULE 56 Statement by Think Products, Inc regarding motion for partial summary judgment, 119 , "STATEMENT OF MATERIAL FACTS FOR WHICH THERE IS NO GENUINE FACTUAL DISPUTE IN SUPPORT OF PLAINTIFF THINK PRODUCTS, INC.'s MOTION FOR PARTIAL SUMMARY JUDGMENT ON WHETHER THE PREAMBLE OF CLAIM 1 OF U.S. PATENT NO. 10,704,299 IS, OR IS NOT, A LIMITATION ON INDEPENDENT CLAIM 1, PURSUANT TO LOCAL CIVIL RULE LR56.1(a)(3)" (Schindler, Edwin) (Entered: 01/30/2023) (8) |
| Jan 30, 2023 | 123 | MEMORANDUM by Think Products, Inc in support of motion for partial summary judgment, 119 , on Whether the Preamble of Claim 1 of U.S. Patent No. 10,704,299 Is, or Is Not, a Limitation on Independent Claim 1, Pursuant to Federal Rule of Civil Procedure 56 (Schindler, Edwin) (Entered: 01/30/2023) (21) |
| Jan 25, 2023 | 118 | MINUTE entry before the Honorable Gabriel A. Fuentes: After reviewing the parties' joint status report for case numbers 19 C 6978 (doc. #147), 20 C 3958 (doc. # 116 ), and 21 C 3071 (doc. #34), the Court orders the parties to submit their next joint status report by noon on 3/8/23, in which they will report on the status of discovery, progress with respect to filing deadlines pursuant to the Court's scheduling order, and whether there is any renewed interest in a settlement conference. Mailed notice. (lxk, ) (Entered: 01/25/2023) (1) |
| Jan 18, 2023 | 117 | MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 1/18/23. Plaintiff requested an expedited briefing schedule for its motion for partial summary judgment. At this time, the Court declines to enter such a briefing schedule. The deadlines entered by Magistrate Judge Fuentes 88 stand. In-person status hearing set for 3/27/23 at 10:30 AM. Mailed notice. (ym, ) (Entered: 01/19/2023) (1) |
| Jan 12, 2023 | 116 | STATUS Report (Joint) by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) (Entered: 01/12/2023) (3) |
| Jan 6, 2023 | 115 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) (Entered: 01/06/2023) (2) |
| Dec 13, 2022 | 114 | MINUTE entry before the Honorable Sharon Johnson Coleman: The joint status report deadline of 12/15/2022 previously entered by Judge Kocoras on 11/10/2022 104 is stricken. Mailed notice. (ym, ) (Entered: 12/13/2022) (1) |
| Dec 5, 2022 | 112 | MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic status hearing held. Off-the-record discussion held in the form of a telephonic settlement conference to update the Court on settlement status. On the record, the Court noted that based on the settlement update, the Court is ordering a joint written status report by noon on 1/12/23 (or earlier if there is a significant development to report) on discovery and settlement status in the three matters before the magistrate judge, with the parties ordered to update Judges Coleman and Rowland in the ordinary course on that status of the matters before those judges. Mailed notice. (lxk, ) (Entered: 12/05/2022) (1) |
| Dec 5, 2022 | 113 | MINUTE entry before the Honorable Sharon Johnson Coleman: The in-person status hearing set for 12/9/2022 is stricken and reset to 1/18/2023 at 10:00 AM. Mailed notice. (ym, ) (Entered: 12/05/2022) (1) |
| Dec 2, 2022 | 111 | MINUTE entry before the Honorable Gabriel A. Fuentes: To clear up any confusion, the hearings set for these matters on 12/5/22 all will take place at 9:30 a.m. The parties are advised that going forward, in-person hearings are likely except on request, and in cases such as this, leave for out-of-town counsel to appear telephonically or by video will be freely granted. Mailed notice. (exr, ) (Entered: 12/02/2022) (1) |
| Nov 30, 2022 | 110 | MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been reassigned to the calendar of Judge Sharon Johnson Coleman. An in-person status hearing is set for 12/9/2022 at 9:45 AM in courtroom 1241. Mailed notice. (ym, ) (Entered: 11/30/2022) (1) |
| Nov 29, 2022 | 109 | TRANSCRIPT OF PROCEEDINGS held on 07/06/22 before the Honorable Gabriel A. Fuentes. Order Number: 43675. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023. (Mullen, Patrick) (Entered: 11/29/2022) (23) |
| Nov 23, 2022 | 108 | Answer and Defenses, to the First Amended Complaint for Patent Infringement 105 by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) (Entered: 11/23/2022) (7) |
| Nov 17, 2022 | 107 | MINUTE entry before the Honorable Gabriel A. Fuentes: A telephonic status hearing is set in these cases for 9:30 a.m. on 12/5/22 to discuss overall discovery status and progress. Mr. Dolgin is directed to participate. The call-in number is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (kl, ) (Entered: 11/17/2022) (1) |
| Nov 14, 2022 | 106 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings pursuant to 28:294(b). Honorable Charles P. Kocoras no longer assigned to the case. Signed by Executive Committee on 11/14/22. (rp, ) (Entered: 11/17/2022) (2) |
| Nov 10, 2022 | 1 | Amended Complaint* (1) |
| Nov 10, 2022 | 104 | MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint 95 is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation 98 is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) (Entered: 11/10/2022) (1) |
| Nov 10, 2022 | 105 | AMENDED complaint 1 (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 104 ) (Attachments: # 1 Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # 2 Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # 3 Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # 4 Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) (Entered: 11/10/2022) (0) |
| Oct 4, 2022 | 103 | REPLY by Plaintiff Think Products, Inc to response in opposition to motion, 100 , memorandum in support of motion,, 96 re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint 95 (Attachments: # 1 Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # 2 Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # 3 Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # 4 Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) (Entered: 10/04/2022) (0) |
| Sep 28, 2022 | 102 | MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 101 is granted. Mailed notice (vcf, ) (Entered: 09/28/2022) (1) |
| Sep 27, 2022 | 100 | RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) 95 ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lucas, John) (Entered: 09/27/2022) (0) |
| Sep 27, 2022 | 101 | MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint 95 , in Response to Defendants' Opposition 100 (Schindler, Edwin) (Entered: 09/27/2022) (2) |
| Sep 15, 2022 | 98 | MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) (Entered: 09/15/2022) (2) |
| Sep 15, 2022 | 99 | MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # 1 Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # 2 Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # 3 Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) (Entered: 09/15/2022) (0) |
| Sep 13, 2022 | 97 | MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint 95 is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) (Entered: 09/13/2022) (1) |
| Sep 9, 2022 | 95 | MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # 1 Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) (Entered: 09/09/2022) (0) |
| Sep 9, 2022 | 96 | MEMORANDUM by Think Products, Inc in support of motion to amend/correct, 95 Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # 1 Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # 2 Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # 3 Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) (Entered: 09/09/2022) (0) |
| Aug 29, 2022 | 94 | STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) (Entered: 08/29/2022) (3) |
| Jul 12, 2022 | 90 | MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, 89 , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) (Entered: 07/12/2022) (2) |
| Jul 12, 2022 | 91 | MEMORANDUM by Think Products, Inc in support of motion for hearing, 90 , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # 1 Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # 2 Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) (Entered: 07/12/2022) (0) |
| Jul 12, 2022 | 92 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. # 90 ) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) (Entered: 07/12/2022) (1) |
| Jul 12, 2022 | 93 | ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) (Entered: 07/12/2022) (5) |
| Jul 6, 2022 | 89 | MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. # 82 ). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) (Entered: 07/06/2022) (1) |
| Jul 1, 2022 | 87 | MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) (Entered: 07/01/2022) (1) |
| Jul 1, 2022 | 88 | AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) (Entered: 07/01/2022) (5) |
| Jun 28, 2022 | 82 | MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order 72 to Explain Timeliness of Motion) (Schindler, Edwin) (Entered: 06/28/2022) (4) |
| Jun 28, 2022 | 83 | AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 82 , and for an Award of Fees/Expenses (Attachments: # 1 Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # 2 Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # 3 Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # 4 Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # 5 Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # 6 Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # 7 Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # 8 Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) (Entered: 06/28/2022) (0) |
| Jun 28, 2022 | 84 | MEMORANDUM by Think Products, Inc in support of motion to strike, 82 , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) (Entered: 06/28/2022) (20) |
| Jun 28, 2022 | 85 | MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. # 81 in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) (Entered: 06/28/2022) (2) |
| Jun 28, 2022 | 86 | MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. # 82 ), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) (Entered: 06/28/2022) (1) |
| Jun 24, 2022 | 81 | STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) (Entered: 06/24/2022) (7) |
| Jun 9, 2022 | 80 | MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) (Entered: 06/09/2022) (1) |
| Jun 2, 2022 | 79 | MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) (Entered: 06/02/2022) (1) |
| May 31, 2022 | 78 | MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) (Entered: 05/31/2022) (1) |
| May 16, 2022 | 77 | MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) (Entered: 05/18/2022) (1) |
| Apr 25, 2022 | 75 | MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) (Entered: 04/25/2022) (1) |
| Apr 25, 2022 | 76 | MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) (Entered: 04/25/2022) (1) |
| Apr 21, 2022 | 74 | MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) (Entered: 04/21/2022) (1) |
| Feb 16, 2022 | 72 | MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. # 66 ) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and # 67 in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. # 69 in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) (Entered: 02/16/2022) (2) |
| Feb 16, 2022 | 73 | MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) (Entered: 02/16/2022) (1) |
| Feb 15, 2022 | 69 | motion to strike (2) Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Main Document) (3) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admis) (30) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Conte) (30) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15,) (30) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defe) (30) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 5: "Defendants' Objections and Response to Plaintiff's F) (14) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counse) (4) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 7: "Defendants' Supplemental Objections and Response to Plain) (15) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 70 | affidavit in support of motion (Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v) (15) Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[69] , and for an award of fees/expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' counsel to ACCO Brands' counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 71 Filed & Entered: 02/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [69] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) 72 Filed & Entered: 02/16/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having entered an order (doc. #127 in no. 19 C 6978) consolidating matter no. 21 C 3071 (Judge Norgle) with matter no. 19 C 6978 (Judge Pacold), which already is consolidated for discovery purposes with no. 20 C 3958 (Judge Kocoras), per the discovery and settlement referral (doc. #'s 29, 71 in no. 19 C 6978) the magistrate judge directs as follows: (1) the scheduling order entered recently in nos. 19 C 6978 (doc. #125) and 20 C 3958 (doc. #[66]) is now the discovery schedule for matter no. 21 C 3071, and (2) the magistrate judge assumes that matter no. 21 C 3071 will be included in the parties' mutual efforts to settle these matters at the settlement conference set for 4/26/22 (doc. #126 in no. 19 C 6978 and #[67] in no. 20 C 3958), and the parties are invited to so confirm in their mediation statements due in April 2022. The parties are also directed to confer promptly about whether a dismissal of matter no. 21 C 6757, Think Products v. Microsoft (Judge Rowland) will be discussed as among the potential settlement terms at the 4/26/22 settlement conference, given that Microsoft is seeking to stay the Microsoft action as a suit against a manufacturer's customer (Microsoft) under the Federal Circuit's stated preference for prioritizing patent infringement actions against manufacturers over suits filed against manufacturers' customers. See Tegic Comm's Corp. v. Bd. of Regents of Univ. of Texas Sys., 458 F.3d 1335, 1343 (Fed. Cir. 2006). If the parties in the suits against ACCO Brands wish to include the Microsoft matter in their settlement discussions, they are kindly requested to promptly notify Microsoft's counsel and file a status report in the Microsoft matter by 5:00 p.m. on 3/4/22 to make Judge Rowland aware of their expectations, so that Judge Rowland may consider the same in any actions she wishes to take, upon notice to Microsoft. They should also address any proposed inclusion of the Microsoft matter in their mediation statements. Further, plaintiff's motion in no. 20 C 3958 to have certain request for admission deemed admitted (doc. #[69] in that matter) is denied without prejudice, pending the scheduled settlement conference, as plaintiff previously communicated to the Court that the discovery it wished to conduct before the settlement conference related to damages, and the motion is clearly directed at merits discovery. Plaintiff may renew its motion if the settlement conference does not result in a settlement, and in such renewal, the Court kindly asks plaintiff to address why it waited nearly a year to file the motion after completion of the Local Rule 37.2 conferral. The magistrate judge recalls committing time and effort to a settlement conference with these parties pending in mid-2020, only to see it derailed at the last moment (doc. #44 in no. 19 C 6978) by the filing of 20 C 3958 virtually on the eve of the conference, which was cancelled. The parties are asked to please, please, keep the pre-settlement conference litigation antics to a minimum and focus on whether their difference can be resolved at the settlement conference, now that they have entered the settlement portal.Mailed notice. (jj, ) 73 Filed & Entered: 02/16/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Earlier, the Court inadvertently overlooked a proposed scheduling order (for all three cases) provided to the Court on 2/4/22 per Court order, before the district court granted the then- pending ruling on the motion to reassign and consolidate (19 C 6978 doc. #94) on 2/15/22 (19 C 6978 doc. #127). Counsel in these matters are directed to confer and resubmit a superseding joint proposed scheduling order with new dates for all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071) to Judge Fuentes' proposed order box by no later than noon on 2/25/22. Mailed notice. (jj, ) 74 Filed & Entered: 04/21/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported as to their preparedness for the settlement conference set for 4/26/22. Mailed notice. (jj, ) 75 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: As the Court notified counsel telephonically on 4/22/22, the Court regretfully must reschedule the settlement conference set for 4/26/22. The 4/26/22 conference is stricken, and options for a rescheduled video conference include May 5, 16 or 17 at 10:30 a.m. Central. Counsel are kindly requested to confer and advise the Court by one, single joint email to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov by 5 p.m. on 4/27/22 as to which of these three days the parties jointly prefer or whether another day will need to be selected. Mailed notice. (dm, ) 76 Filed & Entered: 04/25/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The video settlement conference in this matter is reset to 10 a.m. Central on 5/16/22. The parties will receive a new set of invitations from court staff in due course. Mailed notice (sxw) 77 Filed: 05/16/2022 Entered: 05/18/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle these matters but agreed to continue negotiating at a renewed video settlement conference on Cisco Webex at 10 a.m. 5/31/22. Mailed notice. (jj, ) 78 Filed & Entered: 05/31/2022 settlement conference Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held. The parties did not reach an agreement to settle the matter but agreed that further negotiation could be productive after certain litigation. The settlement referral(s) remain open, but the parties are directed to file status reports in each of the three ACCO matters, and in Think Products v. Microsoft, No. 21 C 6757, to advise the respective district courts of the parties' proposed next steps for litigation that could place the parties into an improved settlement posture. The status reports are due and to be filed by noon on 6/21/22. The magistrate judge will not be involved further in these matters unless at the direction of the district court or upon being advised that the parties mutually wish to resume settlement discussions. Mailed notice. (jj, ) 79 Filed & Entered: 06/02/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations have begun in another form, under the supervision of the magistrate judge, after the 5/31/22 video settlement conference, continuing through at least 6/9/22. Mailed notice. (jj, ) 80 Filed & Entered: 06/09/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement negotiations concluded on 6/9/22 without an agreement to settle the matter. The referral remains open, but the magistrate judge will not be involved in further settlement negotiations unless contacted by the parties with a request for the negotiations to resume. On discovery, the Court will enter a consolidated discovery scheduling order in all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071), superseding all other scheduling orders and text orders (related to discovery scheduling) in the three cases. Counsel in these matters are directed to confer under Rule 26(f) and file a joint, consolidated status report by noon on 6/24/22 with a proposed contested or agreed discovery schedule for the completion of discovery all three matters (Nos. 19 C 6978, 20 C 3958, and 21 C 3071). Mailed notice. (jj, ) 81 Filed & Entered: 06/24/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) 82 Filed & Entered: 06/28/2022Terminated: 07/06/2022 motion to strike Docket Text: MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Incorporating Response to Magistrate Judge's Order [72] to Explain Timeliness of Motion) (Schindler, Edwin) 83 Filed & Entered: 06/28/2022 affidavit in support of motion Docket Text: AFFIDAVIT by Plaintiff Think Products, Inc in Support of MOTION by Plaintiff Think Products, Inc to strike the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LCC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19[82] , and for an Award of Fees/Expenses (Attachments: # (1) Exhibit 1: "Plaintiff Think Products, Inc.'s First Request for Admissions," served March 18, 2021, # (2) Exhibit 2: "Defendants' Initial Non-Infringement and Invalidity Contentions," served January 18, 2021, # (3) Exhibit 3: "Ex Parte Reexamination Certificate," issued December 15, 2021, for U.S. Patent No. 10,704,299, and ACCO Brands' "Ex Parte Request for Reexamination of U.S. Patent No. 10,704,299, filed May 26, 2021, in the U.S. Patent and Trademark Office, # (4) Exhibit 4: "Plaintiff Think Products, Inc.'s Initial Response to Defendants ACCO Brands' Non-Infringement and Invalidity Contentions, Pursuant to Local Patent Rule 2.5," served February 12, 2021, # (5) Exhibit 5: "Defendants' Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served April 19, 2021, # (6) Exhibit 6: Letter from Think Products' Counsel to ACCO Brands' Counsel, dated April 27, 2021, # (7) Exhibit 7: "Defendants' Supplemental Objections and Response to Plaintiff's First Set of Requests for Admissions (Nos. 1-27)," served May 4, 2021, # (8) Exhibit 8: "Opinion and Order" in Aprile Horse Transportation, Inc. v. Prestige Delivery Services, Inc., Civil Action No. 5:13-cv-00015-GNSLLK (Document No. 96) (W.D. Ky., July 2, 2015) (unpublished))(Schindler, Edwin) 84 Filed & Entered: 06/28/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to strike, [82] , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an Award of Expenses/Fees (Schindler, Edwin) 85 Filed & Entered: 06/28/2022 terminate deadlines Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status reports (doc. # 137 in 19 C 6978, doc. #[81] in No. 20 C 3958, and doc. #25 in No. 21 C 3071), the Court notes that the parties have agreed on a discovery schedule consistent with the local patent rules, including a schedule for the latter-filed of the three cases, No. 21 C 3071. The Court expects to adopt the schedule agreed upon by the parties and kindly requests that the parties submit, by noon on 6/30/22, a proposed, agreed scheduling order reflecting the schedule for the three cases. In view of this schedule, and in view of the pendency of the fourth, most newly filed case in this series (No. 22 C 3183, before Judge Gottschall and in which a status report is due on 8/22/22), the Court kindly directs the parties to notify Judge Gottschall in their 8/22/22 status report of their agreement to a proposed schedule in the other three pending cases consolidated for discovery, with that schedule effectively beginning for No. 21 C 3071 on 8/22/22. In the meantime, the parties further are advised to be prepared to serve each other with their Rule 26(a)(1) disclosures promptly after 8/22/22 in the event that Judge Gottschall wishes No. 22 C 3183 consolidated with the other cases either in full or for purposes of discovery, so that discovery in No. 22 C 3183 may be on roughly the same track as discovery in the other three cases, which are now leaving the station (or have already left) as far as discovery is concerned. Finally, the Court kindly requests that the parties include in their 8/22/22 status report to Judge Gottschall their anticipation as to whether still more cases will be filed involving these parties, as the undersigned judge has a recollection of asking that question earlier in this case and being told "no". A further joint status report in the three matters now before this Court is due and to be filed by noon on 8/29/22 as to discovery progress and the status of the matter before Judge Gottschall. Mailed notice. (jj, ) 86 Filed & Entered: 06/28/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to strike (doc. #[82]), a telephonic motion hearing is set for 9 a.m. on 7/6/22, and the parties should be prepared to orally argue the motion at that time, with no further briefing without leave of court. The call-in number is (888) 684-8852 and the access code is 2006804. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) 87 Filed & Entered: 07/01/2022 text entry Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order. Mailed notice. (jj, ) 88 Filed & Entered: 07/01/2022 order Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022. Mailed notice.(jj, ) 89 Filed & Entered: 07/06/2022 order on motion to strike Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's renewed motion to strike request for admission responses or have requests deemed admitted (doc. #[82]). For the reasons stated on the record, the motion is denied without prejudice, and defendant is ordered to supplement its responses to Request Nos. 10-14, 18-19, and 23-27 by 5 p.m. on 2/13/23, which is 14 days after the due date for defendant's final invalidity contentions.Mailed notice. (jj, ) 90 Filed & Entered: 07/12/2022Terminated: 07/12/2022 motion for hearing Docket Text: MOTION by Plaintiff Think Products, Inc for hearing re order on motion to strike,,, motion hearing,,, terminate motion and R&R deadlines/hearings,, [89] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S MOTION FOR A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE" (Schindler, Edwin) 91 Filed & Entered: 07/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion for hearing, [90] , entitled "PLAINTIFF THINK PRODUCTS, INC.'S OBJECTIONS TO THE DENIAL OF ITS MOTION TO STRIKE AND HAVE DEEMED ADMITTED CERTAIN ADMISSIONS REQUESTS OF DEFENDANTS AND REQUEST FOR CONFERENCE WITH THE MAGISTRATE JUDGE" (Attachments: # (1) Exhibit 1: Abiomed, Inc. v. Maquet Cardiovascular LLC, Civil Action No. 16-10914-FDS (Document No. 903) (D. Mass, July 22, 2020) (unpublished), # (2) Exhibit 2: King Pharmaceuticals, Inc. v. Sandoz, Inc., Civil Action No. 3:08-cv-05974-GEB-DEA (Document No. 125) (D.N.J., May 20, 2010) (unpublished))(Schindler, Edwin) 92 Filed & Entered: 07/12/2022 order on motion for hearing Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion for a telephonic conference with the magistrate judge (doc. #[90]) is construed as a motion to reconsider and is denied for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) 93 Filed & Entered: 07/12/2022 order Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/12/2022. Mailed notice.(jj, ) 94 Filed & Entered: 08/29/2022 status report Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Lucas, John) 95 Filed & Entered: 09/09/2022Terminated: 11/10/2022 motion to amend/correct Docket Text: MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint for Patent Infringement)(Schindler, Edwin) 96 Filed & Entered: 09/09/2022 memorandum in support of motion Docket Text: MEMORANDUM by Think Products, Inc in support of motion to amend/correct, [95] Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File A First Amended Complalint) (Attachments: # (1) Exhibit 1: Plaintiff Think Products, Inc.'s [Proposed] First Amended Complaint for Patent Infringement, # (2) Exhibit 2: Malicki v. Leman USA, Inc., Civil Action No. 2:17-cv-01674-NJ, Decision and Order on Plaintiff's Motion for Leave to File Amended Complaint (Document No. 42) E.D. Wis., Oct. 31, 2018) (unpublished), # (3) Exhibit 3: Woodson v. 3M Company, Civil Action No. 3:21-cv-50244, Memorandum Opinion and Order (Document No. 52) (N.D. Ill., May 9, 2022) (unpublished))(Schindler, Edwin) 97 Filed & Entered: 09/13/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file a first amended complaint [95] is entered and briefed as follows: Response is due by 9/27/2022. Court will rule by mail. Mailed notice (vcf, ) 98 Filed & Entered: 09/15/2022Terminated: 11/10/2022 motion to reassign case Docket Text: MOTION by Plaintiff Think Products, Inc to reassign case (i.e., a later-filed patent infringement case to this Court on the ground of "relatedness," pursuant to Local Civil Rule 40.4(c), and for consolidation under Federal Rule of Civil Procedure 42(a)) (Schindler, Edwin) 99 Filed & Entered: 09/15/2022 memorandum in support of motion Docket Text: MEMORANDUM IN SUPPORT OF COMBINED MOTION, ON CONSENT, FOR REASSIGNMENT OF A LATER-FILED PATENT INFRINGEMENT CASE TO THIS COURT ON THE GROUND OF RELATEDNESS, PURSUANT TO LOCAL CIVIL RULE 40.4(c), AND FOR CONSOLIDATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 42(a) (Attachments: # (1) Exhibit 1: Complaint in Civil Action No. 1:22-cv-03183, Filed: June 16, 2022, # (2) Exhibit 2: Pactiv Corp. v. Multisorb Technologies, Inc., "Memorandum Opinion," Civil Action No. 1:10-cv-00461 (Document No. 131) (N.D. Ill., 2/15/2011) (unpublished), # (3) Exhibit 3: Velocity Patent LLC v. Mercedes-Benz USA, LLC, "Memorandum Opinion," Civil Action No. 1:13-cv-08413 (Document No. 56) (N.D. Ill., 4/24/2014) (unpublished))(Schindler, Edwin) 100 Filed & Entered: 09/27/2022 response in opposition to motion Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to amend/correct Complaint (i.e., Plaintiff Think Products, Inc.'s Motion for Leave to File a First Amended Complalint)[95] ACCO's Opposition to Think Products' Motion for Leave to File An Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lucas, John) 101 Filed & Entered: 09/27/2022Terminated: 09/28/2022 motion for leave to file Docket Text: MOTION by Plaintiff Think Products, Inc for leave to file a Reply by October 4, 2022, in Support of its Motion to File an Amended Complaint [95], in Response to Defendants' Opposition [100] (Schindler, Edwin) 102 Filed & Entered: 09/28/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file reply memorandum by 10/4/2022 [101] is granted. Mailed notice (vcf, ) 103 Filed & Entered: 10/04/2022 reply Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [100], memorandum in support of motion,, [96] re: Plaintiff Think Products, Inc.'s Motion to Amend its Complaint [95] (Attachments: # (1) Reply Exhibit 1: Plaintiff Think Products, Inc.'s [PROPOSED] First Amended Complaint, As Modified and Limited to Single Count of Patent Infringement Based Upon Defendants' SD7000 Surface Pro Docking Station Product, # (2) Reply Exhibit 2: First Office Action in Reexamination of U.S. Patent No. 10,704,299, Issued September 8, 2021, # (3) Reply Exhibit 3: Patent Owner's (Think Products, Inc.'s) Amendment in Response to the First Office Action in Reexamination, Filed September 10, 2021, # (4) Reply Exhibit 4: Reexamination Certificate Issued for U.S. Patent No. 10,704,299 on December 15, 2021)(Schindler, Edwin) 104 Filed & Entered: 11/10/2022 order on motion to amend/correct Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File an Amended Complaint [95] is granted. Plaintiff is directed to file the single-count proposed amended complaint [103-1] as a separate document. Agreed Motion for Reassignment and Consolidation [98] is granted. Joint Status Report is due by 12/15/22. Mailed notice (vcf, ) 105 Filed & Entered: 11/10/2022 amended document Docket Text: AMENDED complaint[1] (Plaintiff Think Products, Inc.'s "FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT," Pursuant to "MINUTE ENTRY," Entered November 10, 2022 [104]) (Attachments: # (1) Exhibit 1: U.S. Patent No. 10,704,299 B2, Issued July 7, 2020, # (2) Exhibit 2: Notice of Recordation of Assignment of Ownership to Plaintiff Think Products, Inc. of U.S. Patent Application Serial No. 16/595,241, Issued as U.S. Patent No. 10,704,299 B2, # (3) Exhibit 3: U.S. Patent Ex Parte Reexamination Certificate No. 10,704,299 C1, Issued December 15, 2021, # (4) Exhibit 4: U.S. Patent Application Serial No. 16/595,241, Published As U.S. Patent Application Publication No. US 2020/0040615 A1 on February 6, 2020)(Schindler, Edwin) |
| Feb 15, 2022 | 71 | MEMORANDUM by Think Products, Inc in support of motion to strike, 69 , the answers and objections of Defendants ACCO Brands Corporation and ACCO Brands USA LLC to, and have deemed admitted, Plaintiff Think Products' First Request for Admissions Nos. 10-14, 18, 19 and 23-27, and for an award of expenses/fees (Schindler, Edwin) (Entered: 02/15/2022) (20) |
| Feb 8, 2022 | 68 | order on motion for order (1) Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: In light of the order entered on 2/4/2022 [66], motion for entry of scheduling order [19] is denied as moot. Mailed notice (vcf, ) |
| Feb 7, 2022 | 67 | settlement conference (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic status conference held. The parties reported that they are prepared to participate in a settlement conference after additional damages discovery is conducted in March 2022. A video settlement conference is set over Cisco WebEx for 10:30 a.m. on 4/26/22. The parties are further instructed to submit a joint statement in "Word" format by no later than noon on 4/19/22 to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov. The joint statement shall contain a list of all of the participants (for each side who will be participating by video) and the email addresses associated with each name, for the purposes of providing all of the parties with the email invites and the link to connect to the video conference. Parties are instructed to make sure all join the conference from their own email account through the "join meeting" link in their calendar event. Mediation statements in compliance with the Standing Order are due from plaintiff by 5:00 p.m. on 4/5/22 and from defendant by 5:00 p.m. on 4/18/22, to the Court's settlement correspondence mailbox and copied to opposing counsel. A pre-settlement telephonic conference is set for 11:00 a.m. on 4/21/22, and the parties are directed to supply the courtroom deputy with a private call-in bridge in advance of that conference (by no later than noon on 4/19/22). Mailed notice. (jj, ) |
| Feb 4, 2022 | 64 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Think Products, Inc by John Francis Vodopia (Vodopia, John) |
| Feb 4, 2022 | 65 | text entry (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: In entering a scheduling order for the two matters consolidate for discovery (Nos. 19 C 6978 and 20 C 3958), the magistrate judge modified the proposed order to exclude dates proposed for No. 21 C 3071, pending the district court's ruling on the consolidation motion in No. 19C 6978 (doc. #[94]). When and if that motion is granted and No. 21 C 3071 is reassigned, the Court will address scheduling in No. 21 C 3071. Enter Scheduling Order. Mailed notice. (jj, ) |
| Feb 4, 2022 | 66 | order (4) Docket Text: SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 2/4/2022. Mailed notice.(jj, ) |
| Feb 3, 2022 | 63 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Think Products, Inc by Edwin D. Schindler (Admitted to the General Bar) (Schindler, Edwin) |
| Feb 2, 2022 | 62 | transcript (24) Docket Text: TRANSCRIPT OF PROCEEDINGS held on 1/14/22 before the Honorable Gabriel A. Fuentes. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. (Fennell, Kathleen) |
| Jan 28, 2022 | 59 | status report (18) Docket Text: STATUS Report Joint Status Report by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) |
| Jan 28, 2022 | 60 | text entry (2) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed the parties' respective positions in their joint status report ("Status Report") in these matters (doc. #117 in No. 19 C 6978 and doc. #[59] in No. 20 C 3958) as to discovery scheduling until the local patent rules and has concluded that a schedule adhering closely to those rules is appropriate and should not be shortened based on Think Products' contention that "ACCO should require no more than a minimal amount of time, if any, to cite [certain] prior art." See Status Report at 3. Nor does the Court agree that ACCO's assertion of a "double-patenting" defense in No. 19 C 6978 would unfairly delay the prosecution of No. 21 C 3071 if a "standard" patent litigation schedule is entered as to all three cases. See id. at 11. Think Products has filed multiple matters against the same defendant over highly similar patents and alleged infringing uses, and the Court's interest in consolidation and efficient management, see Fed. R. Civ. P. 1., outweighs plaintiff's interest in speeding any one of these matters along. Accordingly, the Court anticipates entering a scheduling order consistent with that contained on pages 7-10 of the Status Report as proposed by ACCO. ACCO is directed to file a proposed order in such form, for the Court's review, no later than noon on 2/4/22. The Court will then take entry of such order under advisement pending discussions concerning settlement, which will be addressed in a separate order. As for plaintiff's counsel's still-unfiled motions for admission pro hac vice, those motions are ordered to be filed forthwith. Mailed notice (ber, ) |
| Jan 28, 2022 | 61 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The referral in this case having included settlement, and the parties having indicated in their joint status report in these matters (doc. #117 in No. 19 C 6978 and doc. #[59] in No. 20 C 3958) that they have interest in a settlement conference with the magistrate judge, the magistrate judge sets a pre-settlement telephonic conference with counsel for 11 a.m. on 2/7/22 to discuss the format and scheduling of a video settlement conference, including the mediator's expectations as to good-faith negotiations. Counsel should be prepared with available settlement conference dates for counsel and clients in March and April 2022. Counsel should contact the magistrate judge at the time of the pre-settlement conference on the number to be provided to them by the courtroom deputy, or, in the alternative, counsel may jointly supply the deputy with a private call-in bridge. Counsel are further directed to review the Court's Standing Order for Settlement Conferences and Top Ten Ways to Defeat Settlement, both available on the Court's website. Plaintiff's counsel Mr. Dolgin is directed to attend this pre-settlement conference. Mailed notice (ber, ) |
| Jan 14, 2022 | 58 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic status and motion hearing held on plaintiff's consolidated motions in No. 19 C 6978 (doc. #114) and No. 20 C 3958 (doc. #[56]) to lift the discovery stay. For the reasons stated on the record, the motions are granted in view of the completion of the U.S. PTO re-examinations of the patents at issue. As for next steps, a joint written status report is due by noon on 1/28/22. The report should address: (1) the parties' views on whether the discovery consolidation in these two matters should be extended to include No. 21 C 3071 pending before Judge Norgle; (2) an outline for remaining discovery (as anticipated by the respective parties) and proposed contested or agreed schedules for remaining discovery and claim construction, including schedules for a scenario in which these two matters are consolidated with No. 21 C 3071 for discovery (or for all purposes, if that later occurs); and (3) whether the parties have mutual interest in exploring a settlement conference with the magistrate judge in these two matters or other related matters. Mailed notice. (jj, ) |
| Jan 11, 2022 | 57 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On Plaintiff's consolidated motion to lift the stay in case nos. 19 C 6978 (doc. #114) and 20 C 3958 (doc. #[56]), the Court orders a telephonic motion and status hearing for 1:00 p.m. on 1/14/22. Among the issues the parties should be prepared to address are: (1) the foregoing motion to lift the stay and whether such motion is opposed; (2) the impact of the reported re-examination results on the litigation and on other pending matter nos. 21 C 3071 and 20 C 6757 in this district; (3) remaining discovery and next steps in 19 C 6978 and 20 C 3958; and (4) off the record, the parties' views about the viability of a settlement conference at this time and the potential scope of such a conference. The call-in number for the hearing is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) |
| Jan 4, 2022 | 56 | motion for miscellaneous relief (Main Document) (5) Docket Text: MOTION by Plaintiff Think Products, Inc Consolidated Motion to Lift the Stay in Each of the Foregoing Cases in View of the Conclusion of Reexaminations Affirming the Validity of the Patents Asserted Against Defendants (Attachments: # (1) Exhibit Ex. 1: Ex Parte Reexamination Certificate No. 10,704,299 C1, issued 12/15/2021, # (2) Exhibit Ex. 2: Ex Parte Reexamination Certificate No. 10,443,274 C1, issued 12/30/21)(Dolgin, Jay) |
| Jan 4, 2022 | 56 | motion for miscellaneous relief (Exhibit Ex. 1: Ex Parte Reexamination Certificate No. 10,704,299 C1, issued 12/1) (4) Docket Text: MOTION by Plaintiff Think Products, Inc Consolidated Motion to Lift the Stay in Each of the Foregoing Cases in View of the Conclusion of Reexaminations Affirming the Validity of the Patents Asserted Against Defendants (Attachments: # (1) Exhibit Ex. 1: Ex Parte Reexamination Certificate No. 10,704,299 C1, issued 12/15/2021, # (2) Exhibit Ex. 2: Ex Parte Reexamination Certificate No. 10,443,274 C1, issued 12/30/21)(Dolgin, Jay) |
| Jan 4, 2022 | 56 | motion for miscellaneous relief (Exhibit Ex. 2: Ex Parte Reexamination Certificate No. 10,443,274 C1, issued 12/3) (4) Docket Text: MOTION by Plaintiff Think Products, Inc Consolidated Motion to Lift the Stay in Each of the Foregoing Cases in View of the Conclusion of Reexaminations Affirming the Validity of the Patents Asserted Against Defendants (Attachments: # (1) Exhibit Ex. 1: Ex Parte Reexamination Certificate No. 10,704,299 C1, issued 12/15/2021, # (2) Exhibit Ex. 2: Ex Parte Reexamination Certificate No. 10,443,274 C1, issued 12/30/21)(Dolgin, Jay) |
| Aug 5, 2021 | 55 | order on motion for hearing (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's "Letter Stating That the Parties Never 'Agreed' To Any Proposed Schedule Modification And Plaintiff's Request for Oral Argument on Defendant's Stay Motions" (doc. #[48]) is construed as a motion for oral argument on the stay motions, and is denied as moot, the stay motions having been granted. Further, the Court kindly informs the parties that "letters" to the Court are generally not permitted, and material submitted via surresponse or surreply on a pending motion should be filed only with leave of court via a CM-ECF motion, rather than via informal email or telephonic communications with court staff. Mailed notice. (jj, ) |
| Aug 3, 2021 | 52 | order on motion to stay (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Motions by defendant ACCO to stay litigation in these patent litigation matters (No. 19 C 6978, doc. #91, and No. 20 C 3958, doc. #[37]) are granted for the reasons stated in the accompanying order. Enter Order. Mailed notice. (jj, ) |
| Aug 3, 2021 | 53 | order (11) Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 8/3/2021. Mailed notice.(jj, ) Modified on 8/3/2021 (jj, ). |
| Aug 3, 2021 | 54 | notice of correction (1) Docket Text: NOTICE of Correction (doc. #[53]) (jj, ) |
| Jul 22, 2021 | 51 | notice of filing (Main Document) (2) Docket Text: NOTICE by Acco Brands Corporation, Acco Brands USA LLC re MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination[37] NOTICE OF PATENT OFFICE DECISION (Attachments: # (1) Exhibit A)(Weiner, Michael) |
| Jul 22, 2021 | 51 | notice of filing (Exhibit A) (14) Docket Text: NOTICE by Acco Brands Corporation, Acco Brands USA LLC re MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination[37] NOTICE OF PATENT OFFICE DECISION (Attachments: # (1) Exhibit A)(Weiner, Michael) |
| Jul 13, 2021 | 50 | other (Main Document) (2) Docket Text: Plaintiff Think Products Inc.'s Responsive Letter to Defendants Acco Brands' Contention that the Parties "Agreed" to a Schedule Modification by Think Products, Inc (Attachments: # (1) Exhibit Think Products Exhibit 1 - E-Mail from Michael Weiner re: Scheduling and Seeking Agreement (6-25-2021))(Dolgin, Jay) |
| Jul 13, 2021 | 50 | other (Exhibit Think Products Exhibit 1 - E-Mail from Michael Weiner re: Scheduling and) (1) Docket Text: Plaintiff Think Products Inc.'s Responsive Letter to Defendants Acco Brands' Contention that the Parties "Agreed" to a Schedule Modification by Think Products, Inc (Attachments: # (1) Exhibit Think Products Exhibit 1 - E-Mail from Michael Weiner re: Scheduling and Seeking Agreement (6-25-2021))(Dolgin, Jay) |
| Jul 12, 2021 | 49 | Response (Main Document) (2) Docket Text: RESPONSE by Defendants Acco Brands Corporation, Acco Brands USA LLC to other, [48] Defendants' Response to Plaintiff Think Products' Letter (Attachments: # (1) Exhibit A)(Weiner, Michael) |
| Jul 12, 2021 | 49 | Response (Exhibit A) (9) Docket Text: RESPONSE by Defendants Acco Brands Corporation, Acco Brands USA LLC to other, [48] Defendants' Response to Plaintiff Think Products' Letter (Attachments: # (1) Exhibit A)(Weiner, Michael) |
| Jul 9, 2021 | N/A | motion for hearing (0) Docket Text: ORAL MOTION by Plaintiff Think Products, Inc for oral argument (doc. #[48]) on Defendants' Stay Motions. (jj, ) |
| Jul 9, 2021 | 48 | other (3) Docket Text: Plaintiff Think Products' Inc.'s Letter Stating That The Parties Never "Agreed" to any Proposed Schedule Modification of the Deadline for Compliance with Local Patent Rule 3.2, and Plaintiff's Request for Oral Argument on Defendants' Stay Motions by Think Products, Inc (Dolgin, Jay) |
| Jul 8, 2021 | 47 | reply to response to motion (11) Docket Text: REPLY by Acco Brands Corporation, Acco Brands USA LLC to MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination[37] Defendants' Consolidated Reply in Support of Motions to Stay Pending Reexamination (Weiner, Michael) |
| Jun 25, 2021 | 46 | other (Main Document) (24) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 1) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 2) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 3) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 4) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 5) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 6) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 7) (7) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 8) (3) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 9) (8) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 10) (7) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 11) (30) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 12) (15) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 13) (12) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 14) (13) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 15) (8) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 16) (8) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 17) (15) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 25, 2021 | 46 | other (Exhibit Exhibit 18) (10) Docket Text: Plaintiff Think Products, Inc.'s Consolidated Memorandum in Opposition to Defendants' Motions to Stay Actions Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17, # (18) Exhibit Exhibit 18)(Dolgin, Jay) |
| Jun 21, 2021 | 44 | motion for miscellaneous relief (5) Docket Text: MOTION by Plaintiff Think Products, IncThink Products, Inc.'s Motion for Modification of the Magistrate Judge's Order for Plaintiff to File a Single Consolidated Brief in Opposition to Defendants' Motions in Each of the Foregoing Cases Seeking a Stay (Dolgin, Jay) |
| Jun 21, 2021 | 45 | order on motion for miscellaneous relief (2) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motions to modify the magistrate judge order consolidating the briefing (doc. #[44] in 20 C 3958 and doc. #95 in 19 C 6978) are denied. The fact that ACCO Brands filed its motion to stay in 19 C 6978, upending the briefing schedule the Court had set in 20 C 3958, prompted the Court to consolidate the briefing, and for good reason. There is no reason why the Court ought to sort through four separate briefs to resolve these very similar stay motions raising a common procedural issue wholly separate from the substance of the patent disputes: Should the matter(s) be stayed pending the USPTO re-examination of the key patent(s) in suit. As plaintiffs' motions note, the defendants' briefs in support of their respective motions to stay in the two actions are "essentially the same." (D.E. [44] at 2.) The Court actually has read them. They present exactly the same authorities and arguments for a stay, large portions of the briefs are identically worded, and the only real difference is the different patents in suit. The Court appreciates plaintiff's contention that the two matters involve different patents and prior art, but consolidated briefing will best serve judicial economy in these matters, as well as cost-savings for the parties. Going forward in these matters, the parties respectfully are requested to consider the additional cost and burden their litigation tactics place on their clients and adversaries by, for example, forcing the filing of multiple, nearly identical briefs on common procedural issues, or by filing motions seeking permission to file such separate briefs. This style of practicing law is not in the public interest. It is of no moment that plaintiff's counsel "had already completed its opposition brief" by the time of the Court's order suspending the briefing. The Court will expand the page limit to 20 pages for the consolidated opposition response and defendant's consolidated reply. Plaintiff is put to no prejudice whatsoever by addressing its opposition to the respective stay motions in a single, consolidated brief, with the additional space granted in this order. Mailed notice. (jj, ) |
| Jun 17, 2021 | 42 | other (Main Document) (21) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 1) (30) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 2) (30) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 3) (30) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 4) (7) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 5) (3) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 6) (8) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 7) (7) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 8) (30) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 9) (15) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 10) (13) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 11) (8) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 12) (8) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 13) (15) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 42 | other (Exhibit Opposition to Stay Motion Ex. 14) (10) Docket Text: Plaintiff Think Products, Inc.'s Memorandum in Opposition to Defendants' Motion to Stay Action Pending Reexamination by Think Products, Inc (Attachments: # (1) Exhibit Opposition to Stay Motion Ex. 1, # (2) Exhibit Opposition to Stay Motion Ex. 2, # (3) Exhibit Opposition to Stay Motion Ex. 3, # (4) Exhibit Opposition to Stay Motion Ex. 4, # (5) Exhibit Opposition to Stay Motion Ex. 5, # (6) Exhibit Opposition to Stay Motion Ex. 6, # (7) Exhibit Opposition to Stay Motion Ex. 7, # (8) Exhibit Opposition to Stay Motion Ex. 8, # (9) Exhibit Opposition to Stay Motion Ex. 9, # (10) Exhibit Opposition to Stay Motion Ex. 10, # (11) Exhibit Opposition to Stay Motion Ex. 11, # (12) Exhibit Opposition to Stay Motion Ex. 12, # (13) Exhibit Opposition to Stay Motion Ex. 13, # (14) Exhibit Opposition to Stay Motion Ex. 14)(Dolgin, Jay) |
| Jun 17, 2021 | 43 | terminate deadlines (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The briefing schedule on the motion for a stay pending re-examination (doc. #[37]) is modified as follows: plaintiff is to file a response by 5:00 p.m. on 6/25/21, and defendant is to file a reply by 5:00 p.m. on 7/09/21. The briefing is to be consolidated with briefs due on the same dates on the similar motion pending in Case No. 19 C 6978. Further, because the Court planned on consolidating the briefing, the Court suspended the briefing schedule in an order dated 6/16/21 (doc. #[41]), after the Court noted the filing of the stay motion in Case No. 19 C 6978. The Court notes that today, plaintiff filed their brief (doc. #[42]) anyway. That brief (doc. #[42]) is stricken. Plaintiff should refile its brief as a consolidated response to the motions in both the cases, as directed herein. Mailed notice. (jj, ) |
| Jun 16, 2021 | 41 | text entry (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The briefing schedule on the motion for a stay pending re-examination (doc. #[37]) is suspended pending further order of court. A new schedule will be entered promptly. Mailed notice. (jj, ) |
| Jun 4, 2021 | 39 | status report (2) Docket Text: STATUS Report Joint Proposed Schedule by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) |
| Jun 4, 2021 | 40 | order on motion to stay (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The motion for a stay pending re-examination (doc. #[37]) is taken under advisement before the magistrate judge. Per the parties' joint proposal for a briefing schedule (doc. #[39]), plaintiff is to file a response by 5:00 p.m. on 6/18/21, and defendant is to file a reply by 5:00 p.m. on 7/02/21. Mailed notice. (jj, ) |
| May 26, 2021 | 37 | motion to stay (Main Document) (2) Docket Text: MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination (Attachments: # (1) Memorandum in Support of Motion to Stay Pending Reexamination, # (2) Exhibit A: Request for Ex Parte Reexamination, # (3) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| May 26, 2021 | 37 | motion to stay (Memorandum in Support of Motion to Stay Pending Reexamination) (13) Docket Text: MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination (Attachments: # (1) Memorandum in Support of Motion to Stay Pending Reexamination, # (2) Exhibit A: Request for Ex Parte Reexamination, # (3) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| May 26, 2021 | 37 | motion to stay (Exhibit A: Request for Ex Parte Reexamination) (30) Docket Text: MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination (Attachments: # (1) Memorandum in Support of Motion to Stay Pending Reexamination, # (2) Exhibit A: Request for Ex Parte Reexamination, # (3) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| May 26, 2021 | 37 | motion to stay (Exhibit B: USPTO Ex Parte Reexam Filing Data) (3) Docket Text: MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC to stay Pending Reexamination (Attachments: # (1) Memorandum in Support of Motion to Stay Pending Reexamination, # (2) Exhibit A: Request for Ex Parte Reexamination, # (3) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| May 26, 2021 | 38 | memorandum in support of motion (Main Document) (13) Docket Text: MEMORANDUM by Acco Brands Corporation, Acco Brands USA LLC in support of motion to stay, [37] (Corrected) (Attachments: # (1) Exhibit A: Request for Ex Parte Reexamination, # (2) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| May 26, 2021 | 38 | memorandum in support of motion (Exhibit A: Request for Ex Parte Reexamination) (30) Docket Text: MEMORANDUM by Acco Brands Corporation, Acco Brands USA LLC in support of motion to stay, [37] (Corrected) (Attachments: # (1) Exhibit A: Request for Ex Parte Reexamination, # (2) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| May 26, 2021 | 38 | memorandum in support of motion (Exhibit B: USPTO Ex Parte Reexam Filing Data) (3) Docket Text: MEMORANDUM by Acco Brands Corporation, Acco Brands USA LLC in support of motion to stay, [37] (Corrected) (Attachments: # (1) Exhibit A: Request for Ex Parte Reexamination, # (2) Exhibit B: USPTO Ex Parte Reexam Filing Data)(Weiner, Michael) |
| Apr 30, 2021 | 33 | order on motion for protective order (2) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The parties respective agreed motions for entry of a protective order in these two matters (doc. #[32] in 20 C 3958 and doc. #86 in 19 C 6978) is granted, and the Court will enter the orders as proposed by the parties. Enter Protective Orders. The Court further directs the parties' attention to the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, and in particular the section on protective orders. In addition to the language in Paragraph 6 of the Protective Orders entered here today, the parties are advised that motions to seal will not be granted as to documents filed with the court unless the request complies with the common law of this Circuit. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that public "has a presumptive right to access discovery materials that are filed with the court"); Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that filed discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) are entitled to be kept secret"); Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). Parties moving to seal are directed to review the foregoing case law, and any motion to seal will be taken by the Court as a certification that the movant has read the applicable case law and has ensured that it is making a good-faith argument that the document in question qualifies for sealing under the Seventh Circuit's stringent standards. Mailed notice. (jj, ) |
| Apr 30, 2021 | 34 | protective order (10) Docket Text: PROTECTIVE Order. Signed by the Honorable Gabriel A. Fuentes on 4/30/2021. (Exhibits). Mailed notice.(jj, ) |
| Apr 30, 2021 | 35 | protective order (1) Docket Text: ENTERED IN ERROR. (jj, ). Modified on 4/30/2021 (jj, ). |
| Apr 30, 2021 | 36 | notice of correction (1) Docket Text: NOTICE of Correction regarding [35]. (jj, ) |
| Apr 29, 2021 | 32 | motion for protective order (Main Document) (2) Docket Text: MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC for protective order Joint Motion for Entry of Protective Order (Attachments: # (1) Text of Proposed Order)(Weiner, Michael) |
| Apr 29, 2021 | 32 | motion for protective order (Text of Proposed Order) (10) Docket Text: MOTION by Defendants Acco Brands Corporation, Acco Brands USA LLC for protective order Joint Motion for Entry of Protective Order (Attachments: # (1) Text of Proposed Order)(Weiner, Michael) |
| Feb 4, 2021 | 30 | text entry (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Corrected Order (Case title only) entered on 2/03/21 (doc. #[29]). Mailed notice. (jj, ) |
| Feb 4, 2021 | 31 | order (2) Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 2/4/2021. Mailed notice.(jj, ) |
| Feb 3, 2021 | 28 | text entry (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the status report (doc. #[27]), the Court enters a further scheduling order for discovery in this case. Enter Order. Mailed notice. (jj, ) |
| Feb 3, 2021 | 29 | order (2) Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 2/3/2021. Mailed notice. (jj, ) |
| Feb 1, 2021 | 27 | status report (3) Docket Text: STATUS Report Joint Updated Proposed Schedule by Acco Brands Corporation, Acco Brands USA LLC (Weiner, Michael) |
| Nov 13, 2020 | 25 | text entry (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery schedule entered per the accompanying order. Enter Order. Mailed notice. (jj, ) |
| Nov 13, 2020 | 26 | order (2) Docket Text: ORDER. Signed by the Honorable Gabriel A. Fuentes on 11/13/2020. Mailed notice. (jj, ) |
| Nov 6, 2020 | 24 | report of rule 26(f) planning meeting (Main Document) (4) Docket Text: REPORT of Rule 26(f) Planning Meeting by Acco Brands Corporation, Acco Brands USA LLC (Attachments: # (1) Appendix A: Proposed Discovery Schedule)(Weiner, Michael) |
| Nov 6, 2020 | 24 | report of rule 26(f) planning meeting (Appendix A: Proposed Discovery Schedule) (3) Docket Text: REPORT of Rule 26(f) Planning Meeting by Acco Brands Corporation, Acco Brands USA LLC (Attachments: # (1) Appendix A: Proposed Discovery Schedule)(Weiner, Michael) |
| Oct 29, 2020 | 23 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: The matter on Case No. 19 C 6978 has been consolidated with Case No. 20 C 3958 for pre-trial discovery purposes only before the magistrate judge (doc. #69). The parties in Case No. 19 C 6978 are currently following the discovery schedule entered by this Court on July 27, 2020 (doc. #52) and have engaged in briefing of the question of a proposed discovery schedule in case 20 C 3958. The parties are directed to confer further under Rule 26(f) and to file a joint written Rule 26(f) report no later than 5:00 p.m. on 11/06/20 containing their proposed discovery schedules for both matters respectively, under the Local Patent Rules, and with an eye to the efficient conclusion of discovery in both cases. The Court will then review the proposed schedule(s) and enter an order or take further action as necessary. Mailed notice. (jj, ) |
| Oct 28, 2020 | 22 | referring case to magistrate judge (1) Docket Text: EXECUTIVE COMMITTEE ORDER: It appearing that the 19 CV 6978, Think Products, Inc. v. Acco Brands Corporation et al., is currently assigned to the Hon. Martha M. Pacold and referred to Magistrate Judge Gabriel A. Fuentes; and It further appearing that 20 CV 3958, Think Products, Inc. v. Acco Brands Corporation et al., is currently pending before the Hon. Hon. Charles P. Kocoras, and the Hon. Young B. Kim as the designated magistrate judge; and It further appearing that Judge Pacold granted to consolidate 19 CV 6978, Think Products, Inc. v. Acco Brands Corporation et al. and 20 CV 3958, Think Products, Inc. v. Acco Brands Corporation et al., for the purpose of pretrial discovery; therefore It is hereby ordered that Magistrate Judge Fuentes is to be the designated magistrate judge in 20 CV 3958, Think Products, Inc. v. Acco Brands Corporation et al; and It is further ordered that Magistrate Judge Fuentes shall be referred 20 CV 3958, Think Products, Inc. v. Acco Brands Corporation et al; for the purpose of pretrial discovery; and It is further ordered that 20 CV 3958, Think Products, Inc. v. Acco Brands Corporation et al., will remain on the calendar of Judge Kocoras to whom it is currently assigned. Signed by Executive Committee on 10/28/2020. (ec) |
| Oct 23, 2020 | 21 | reply (2) Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion[20], motion for order[19] Plaintiff Think Products Reply in Support of Its Motion for Entry of a Scheduling Order (Dolgin, Jay) |
| Oct 22, 2020 | 19 | motion for order (Main Document) (3) Docket Text: MOTION by Plaintiff Think Products, Inc for order Plaintiff Think Products Motion for Entry of a Scheduling Order (Attachments: # (1) Exhibit Think Products Exhibit 1 Proposed Scheduling Order)(Dolgin, Jay) |
| Oct 22, 2020 | 19 | motion for order (Exhibit Think Products Exhibit 1 Proposed Scheduling Order) (2) Docket Text: MOTION by Plaintiff Think Products, Inc for order Plaintiff Think Products Motion for Entry of a Scheduling Order (Attachments: # (1) Exhibit Think Products Exhibit 1 Proposed Scheduling Order)(Dolgin, Jay) |
| Oct 22, 2020 | 20 | response in opposition to motion (2) Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc for order Plaintiff Think Products Motion for Entry of a Scheduling Order[19] (Weiner, Michael) |
| Aug 26, 2020 | 18 | reply (5) Docket Text: REPLY by Plaintiff Think Products, Inc to response in opposition to motion, [17] Plaintiff Think Products, Inc.'s Reply Memorandum in Support of Its Motion to Consolidate for Pretrial Discovery Only, Pursuant to FED.R.CIV.P. 42(a) (Dolgin, Jay) |
| Aug 25, 2020 | 17 | response in opposition to motion (6) Docket Text: RESPONSE by Acco Brands Corporation, Acco Brands USA LLCin Opposition to MOTION by Plaintiff Think Products, Inc to consolidate cases Think Products, Inc.'s Motion to Consolidate Civil Action Nos. 1:19-cv-06978 and 1:20-cv-03958 for Pretrial Discovery Only, Pursuant to Federal Rule of Civil Procedure 42(a)[14] (Weiner, Michael) |
| Aug 19, 2020 | 16 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Motion to consolidate civil action no. 19cv6978 and 20cv3958 for pretrial discovery only, pursuant to Federal Rule of Civil Procedure 42(a) [14], is entered and briefed as follows: Response is due by 8/25/2020. Court will rule by mail. Mailed notice (vcf, ) |
| Aug 17, 2020 | 15 | order on motion to consolidate cases (1) Docket Text: MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff Think Products, Inc.'s motion to consolidate civil action nos. 19cv6978 and 20cv3958 for pretrial discovery only, pursuant to Federal Rule of Civil Procedure 42(a) [14] is granted. Mailed notice (vcf, ) |
| Aug 14, 2020 | 14 | motion to consolidate cases (Main Document) (2) Docket Text: MOTION by Plaintiff Think Products, Inc to consolidate cases Think Products, Inc.'s Motion to Consolidate Civil Action Nos. 1:19-cv-06978 and 1:20-cv-03958 for Pretrial Discovery Only, Pursuant to Federal Rule of Civil Procedure 42(a) (Attachments: # (1) Supplement Think Products, Inc.'s Memorandum in Support of Its Motion to Consolidate for Pretrial Discovery Only, Pursuant to Federal Rule of Civil Procedure 42(a))(Dolgin, Jay) |
| Aug 14, 2020 | 14 | motion to consolidate cases (Supplement Think Products, Inc.'s Memorandum in Support of Its Motion to Co) (5) Docket Text: MOTION by Plaintiff Think Products, Inc to consolidate cases Think Products, Inc.'s Motion to Consolidate Civil Action Nos. 1:19-cv-06978 and 1:20-cv-03958 for Pretrial Discovery Only, Pursuant to Federal Rule of Civil Procedure 42(a) (Attachments: # (1) Supplement Think Products, Inc.'s Memorandum in Support of Its Motion to Consolidate for Pretrial Discovery Only, Pursuant to Federal Rule of Civil Procedure 42(a))(Dolgin, Jay) |
| Jul 30, 2020 | 12 | answer to complaint (11) Docket Text: ANSWER to Complaint with Jury Demand by Acco Brands Corporation, Acco Brands USA LLC(Weiner, Michael) |
| Jul 30, 2020 | 13 | answer to complaint (11) Docket Text: CORRECTED ANSWER to Complaint with Jury Demand by Acco Brands Corporation, Acco Brands USA LLC(Weiner, Michael) |
| Jul 14, 2020 | 11 | notice of filing (Main Document) (2) Docket Text: NOTICE by Think Products, Inc (Attachments: # (1) Exhibit Order from Case No. 19-cv-06978)(Dolgin, Jay) |
| Jul 14, 2020 | 11 | notice of filing (Exhibit Order from Case No. 19-cv-06978) (3) Docket Text: NOTICE by Think Products, Inc (Attachments: # (1) Exhibit Order from Case No. 19-cv-06978)(Dolgin, Jay) |
| Jul 13, 2020 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Acco Brands Corporation, Acco Brands USA LLC by Thomas L. Duston (Duston, Thomas) |
| Jul 13, 2020 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Acco Brands Corporation, Acco Brands USA LLC by Michael R. Weiner (Weiner, Michael) |
| Jul 13, 2020 | 10 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Acco Brands Corporation, Acco Brands USA LLC by John Joseph Lucas (Lucas, John) |
| Jul 10, 2020 | 5 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Think Products, Inc as to Acco Brands Corporation on 7/9/2020, answer due 7/30/2020. (Dolgin, Jay) |
| Jul 10, 2020 | 6 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Think Products, Inc as to Acco Brands USA LLC on 7/9/2020, answer due 7/30/2020. (Dolgin, Jay) |
| Jul 10, 2020 | 7 | order (8) Docket Text: ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) |
| Jul 9, 2020 | 4 | Patent/Trademark report (Main Document) (1) Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Exhibit 1). (smm, ) |
| Jul 9, 2020 | 4 | Patent/Trademark report (Exhibit 1) (30) Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Exhibit 1). (smm, ) |
| Jul 8, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendants Acco Brands Corporation, Acco Brands USA LLC (dxb, ) |
| Jul 7, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (exr, ) |
| Jul 7, 2020 | 1 | complaint (Main Document) (9) Docket Text: COMPLAINT filed by THINK PRODUCTS INC; Jury Demand. Filing fee $ 400, receipt number 0752-17179453. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3)(Dolgin, Jay) |
| Jul 7, 2020 | 1 | complaint (Exhibit Exhibit 1) (30) Docket Text: COMPLAINT filed by THINK PRODUCTS INC; Jury Demand. Filing fee $ 400, receipt number 0752-17179453. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3)(Dolgin, Jay) |
| Jul 7, 2020 | 1 | complaint (Exhibit Exhibit 2) (2) Docket Text: COMPLAINT filed by THINK PRODUCTS INC; Jury Demand. Filing fee $ 400, receipt number 0752-17179453. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3)(Dolgin, Jay) |
| Jul 7, 2020 | 1 | complaint (Exhibit Exhibit 3) (30) Docket Text: COMPLAINT filed by THINK PRODUCTS INC; Jury Demand. Filing fee $ 400, receipt number 0752-17179453. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3)(Dolgin, Jay) |
| Jul 7, 2020 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Dolgin, Jay) |
| Jul 7, 2020 | 3 | other (2) Docket Text: LOCAL RULE 3.4 NOTICE OF CLAIMS INVOLVING PATENTS by THINK PRODUCTS INC (Dolgin, Jay) |
