Case number 1:21-cv-03071
Think Products Inc v. ACCO Brands Corp. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 2, 2023 | 47 | MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the Stipulation of Dismissal 46 , this case is hereby dismissed with prejudice, with each party to bear its own costs, expenses, and attorneys' fees. Civil case terminated. (rao, ) (Entered: 08/02/2023) (1) |
| Aug 1, 2023 | 46 | 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 | 45 | 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) |
| Jul 17, 2023 | 44 | MINUTE entry before the Honorable Martha M. Pacold: Claim construction hearing set for 4/18/2024 at 10:00 a.m. (rao, ) (Entered: 07/17/2023) (1) |
| Jun 20, 2023 | 43 | STATUS Report and Joint Claim Construction Statement by ACCO Brands Corp., Acco Brands USA LLC Presented before Presiding Judge (Lucas, John) (Entered: 06/20/2023) (3) |
| Jun 12, 2023 | 42 | REPLY by Defendants ACCO Brands Corp., Acco Brands USA LLC to other, 39 ACCO Reply Claim Construction Brief (US Patent No. 7,315,443) (Weiner, Michael) (Entered: 06/12/2023) (18) |
| May 31, 2023 | 41 | 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 15, 2023 | 40 | DECLARATION of EDWIN D. SCHINDLER IN SUPPORT OF PLAINTIFF THINK PRODUCTS, INC.'S CLAIM CONSTRUCTION BRIEF 39 (Attachments: # 1 EXHIBIT 1: U.S. Patent No. 7,315,443 B2, as issued January 1, 2008, # 2 EXHIBIT 2: Definition of "Movable," as Defined by the Oxford Languages Dictionary, as Downloaded from Google.com, # 3 EXHIBIT 3: First Office Action, dated May 25, 2007, for U.S. Patent Application Serial No. 11/038,591, which issued as U.S. Patent No. 7,315,443, # 4 EXHIBIT 4: Amendment in Response to the First Office Action, filed September 25, 2007, in reply to the first Office Action, dated May 25, 2007, # 5 EXHIBIT 5: Definition of "Pivot," as Defined by the Oxford Languages Dictionary, as Downloaded from Google.com)(Schindler, Edwin) (Entered: 05/15/2023) (0) |
| May 15, 2023 | 39 | CLAIM CONSTRUCTION BRIEF for Construing Independent Claim 1 of U.S. Patent No. 7,315,443 by Think Products Inc (Attachments: # 1 BRIEF EXHIBIT 1: 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) (unpublished))(Schindler, Edwin) (Entered: 05/15/2023) (0) |
| Apr 17, 2023 | 38 | Defendants' Opening Claim Construction Brief by ACCO Brands Corp., Acco Brands USA LLC (Attachments: # 1 Appendix AA0001-0045, # 2 Appendix AA0046-0049, # 3 Appendix AA0050-0072, # 4 Appendix AA0073-0075, # 5 Appendix AA0076-0082, # 6 Appendix AA0083-0139, # 7 Appendix AA0140-0196, # 8 Appendix AA0197-0400, # 9 Appendix AA0401-0854, # 10 Appendix JA0001-0305)(Weiner, Michael) (Entered: 04/17/2023) (0) |
| Mar 9, 2023 | 37 | 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 | 36 | STATUS Report Joint Status Report by ACCO Brands Corp., Acco Brands USA LLC (Lucas, John) (Entered: 03/08/2023) (3) |
| Jan 25, 2023 | 35 | 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 12, 2023 | 34 | STATUS Report (Joint) by ACCO Brands Corp., Acco Brands USA LLC (Lucas, John) (Entered: 01/12/2023) (3) |
| Dec 29, 2022 | 33 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/30/2022) (1) |
| Dec 5, 2022 | 32 | 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 2, 2022 | 31 | 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 17, 2022 | 30 | 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) |
| Aug 29, 2022 | 29 | status report (3) Docket Text: STATUS Report Joint Status Report by ACCO Brands Corp., Acco Brands USA LLC (Lucas, John) |
| Jul 1, 2022 | 28 | order (5) Docket Text: AGREED SCHEDULING ORDER. Signed by the Honorable Gabriel A. Fuentes on 7/1/2022.Mailed notice.(jj, ) |
| Jul 1, 2022 | 27 | text entry (1) Docket Text: MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Scheduling Order.Mailed notice. (jj, ) |
| Jun 28, 2022 | 26 | terminate deadlines (2) 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, ) |
| Jun 24, 2022 | 25 | status report (7) Docket Text: STATUS Report Joint Status Report by ACCO Brands Corp., Acco Brands USA LLC (Weiner, Michael) |
| Jun 9, 2022 | 24 | terminate deadlines (1) 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, ) |
| Jun 2, 2022 | 23 | text entry (1) 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, ) |
| Jun 1, 2022 | 22 | Expedited referral to magistrate judge (1) Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) |
| May 31, 2022 | 21 | settlement conference (1) 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, ) |
| May 16, 2022 | 20 | settlement conference (1) 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, ) |
| Feb 16, 2022 | 18 | text entry (1) 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, ) |
| Feb 16, 2022 | 17 | text entry (2) 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, ) |
| Feb 15, 2022 | 19 | assigning/reassigning Case (1) Docket Text: EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Martha M. Pacold for all further proceedings in accordance with the provisions of Local Rule 40.4. Related Case No. 19 C 6978. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Executive Committee on 2/15/22.(gcy, ) |
| Feb 4, 2022 | 16 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff THINK PRODUCTS INC by John Francis Vodopia (Vodopia, John) |
| Feb 3, 2022 | 15 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff THINK PRODUCTS INC by Edwin D. Schindler (Admitted to the General Bar) (Schindler, Edwin) |
| Oct 21, 2021 | 14 | text entry (1) Docket Text: MINUTE entry before the Honorable Charles R. Norgle: Court has reviewed the Joint Status Report [13]. The court agrees with the parties that no scheduling order should be entered by the Court until the aforementioned reexamination proceedings before the USPTO are resolved and the stay of Case 1:19-cv-06978 is lifted. Mailed notice (ewf, ) |
| Oct 21, 2021 | 13 | status report (3) Docket Text: STATUS Report Joint Status Report by ACCO Brands Corp., Acco Brands USA LLC (Lucas, John) |
| Sep 28, 2021 | 12 | terminate deadlines (1) Docket Text: MINUTE entry before the Honorable Charles R. Norgle: Joint Written Status Report is due on 10/21/2021. Mailed notice (ewf, ) |
| Jul 2, 2021 | 11 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants ACCO Brands Corp., Acco Brands USA LLC by Michael R. Weiner (Weiner, Michael) |
| Jul 2, 2021 | 10 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants ACCO Brands Corp., Acco Brands USA LLC by Thomas L. Duston (Duston, Thomas) |
| Jul 2, 2021 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants ACCO Brands Corp., Acco Brands USA LLC by John Joseph Lucas (Lucas, John) |
| Jul 2, 2021 | 8 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ACCO Brands Corp., Acco Brands USA LLC (Weiner, Michael) |
| Jul 2, 2021 | 7 | answer to complaint (9) Docket Text: ANSWER to Complaint with Jury Demand by ACCO Brands Corp., Acco Brands USA LLC(Weiner, Michael) |
| Jun 16, 2021 | 6 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by THINK PRODUCTS INC as to Acco Brands USA LLC on 6/11/2021, answer due 7/2/2021. (Dolgin, Jay) |
| Jun 16, 2021 | 5 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by THINK PRODUCTS INC as to ACCO Brands Corp. on 6/11/2021, answer due 7/2/2021. (Dolgin, Jay) |
| Jun 9, 2021 | 4 | Patent/Trademark report (1) Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA. (gcy, ) |
| Jun 9, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendants ACCO Brands Corp., Acco Brands USA LLC (crl, ) |
| Jun 8, 2021 | 3 | notice of filing (2) Docket Text: NOTICE by THINK PRODUCTS INC re complaint[1], civil cover sheet[2] Plaintiff Think Products Inc.'s Local Rule 3.4 Notice of Claims Involving Patents (Dolgin, Jay) |
| Jun 8, 2021 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Dolgin, Jay) |
| Jun 8, 2021 | 1 | complaint (Exhibit Complaint Exhibits 1-7) (30) Docket Text: COMPLAINT for Patent Infringement filed by THINK PRODUCTS INC; Jury Demand. Filing fee $ 402, receipt number 0752-18330447. (Attachments: # (1) Exhibit Complaint Exhibits 1-7)(Dolgin, Jay) |
| Jun 8, 2021 | 1 | complaint (Main Document) (8) Docket Text: COMPLAINT for Patent Infringement filed by THINK PRODUCTS INC; Jury Demand. Filing fee $ 402, receipt number 0752-18330447. (Attachments: # (1) Exhibit Complaint Exhibits 1-7)(Dolgin, Jay) |
| Jun 8, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jg, ) |
