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Case number 2018-2224

Valencell, Inc. v. Fitbit, Inc. > Documents

Date Field Doc. No.Description (Pages)
Apr 23, 2021 0 VALENCELL, INC. v. FITBIT, INC. [OPINION - NONPRECEDENTIAL] [nonprecedential] (0)
Nov 4, 2019 72 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [646803] [18-2224, 18-2225] [MJL] [Entered: 11/04/2019 04:36 PM] (0)
Sep 26, 2019 70 OPINION filed for the court by Taranto, Circuit Judge; Chen, Circuit Judge and Stoll, Circuit Judge. Nonprecedential Opinion. [638368] [18-2224, 18-2225] [JAB] [Entered: 09/26/2019 09:25 AM] (0)
Sep 26, 2019 71 JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [638369] [18-2224, 18-2225] [JAB] [Entered: 09/26/2019 09:25 AM] (0)
Sep 4, 2019 69 Submitted after ORAL ARGUMENT by Mr. Daniel Fletcher Olejko for Valencell, Inc. and Mr. Kevin P.B. Johnson for Fitbit, Inc. Panel: Judge: Taranto , Judge: Chen , Judge: Stoll. [632988] [JCP] [Entered: 09/04/2019 11:11 AM] (0)
Aug 15, 2019 66 Response to notice of oral argument from the Appellee Fitbit, Inc.. [628627] [18-2224] [Kevin Johnson] [Entered: 08/15/2019 03:22 PM] (0)
Aug 15, 2019 67 Entry of appearance for Ognjen Zivojnovic as of counsel for Appellee Fitbit, Inc.. Service: 08/15/2019 by email. [628644] [18-2224] [Ognjen Zivojnovic] [Entered: 08/15/2019 03:34 PM] (0)
Aug 15, 2019 68 Response to notice of oral argument from the Appellant Valencell, Inc.. [628700] [18-2224] [Daniel Olejko] [Entered: 08/15/2019 04:43 PM] (0)
Jul 22, 2019 65 NOTICE OF ORAL ARGUMENT. Panel: 1909F. Case scheduled September 04, 2019 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 203. Response to Notice of Oral Argument due: 08/15/2019. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [622561] [JAB] [Entered: 07/22/2019 03:03 PM] (0)
May 14, 2019 64 The following conflict dates submitted by Attorney Daniel Fletcher Olejko for Appellant Valencell, Inc. have been accepted by the court: 08/05/2019, 08/06/2019, 08/07/2019, 08/08/2019, 08/09/2019. [607052] [JAB] [Entered: 05/14/2019 08:54 AM] (0)
May 14, 2019 63 The following conflict dates submitted by Attorney Kevin P.B. Johnson for Appellee Fitbit, Inc. have been accepted by the court: 09/05/2019, 09/06/2019, 10/01/2019, 10/02/2019, 12/02/2019, 12/03/2019, 12/04/2019, 12/05/2019, 12/06/2019. [607051] [JAB] [Entered: 05/14/2019 08:53 AM] (0)
May 13, 2019 62 Notice from Appellant Valencell, Inc. regarding conflicts with oral argument. Service: 05/13/2019 by email. [607015] [18-2224] [Justin Kimble] [Entered: 05/13/2019 05:43 PM] (4)
May 13, 2019 61 Notice from Appellee Fitbit, Inc. regarding conflicts with oral argument. Service: 05/13/2019 by email. [606998] [18-2224] [Kevin Johnson] [Entered: 05/13/2019 04:30 PM] (4)
May 9, 2019 60 6 paper copies of the Corrected Joint Appendix Brief (Vol. I - III) [54] received from Appellant Valencell, Inc.. [606164] [CJF] [Entered: 05/09/2019 10:40 AM] (0)
May 9, 2019 59 6 paper copies of the Corrected Reply Brief [53] received from Appellant Valencell, Inc.. [606161] [CJF] [Entered: 05/09/2019 10:39 AM] (0)
May 9, 2019 58 6 paper copies of the Corrected Opening Brief [43] received from Appellant Valencell, Inc.. [606160] [CJF] [Entered: 05/09/2019 10:38 AM] (0)
May 8, 2019 57 6 paper copies of the Opening Response Brief [46] received from Appellee Fitbit, Inc.. [605925] [CJF] [Entered: 05/08/2019 03:04 PM] (0)
May 6, 2019 56 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The notice of conflict with oral argument is due on or before 05/13/2019. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [605261] [TAM] [Entered: 05/06/2019 03:31 PM] (1)
May 6, 2019 55 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [605258] [TAM] [Entered: 05/06/2019 03:27 PM] (0)
May 2, 2019 54 MODIFIED ENTRY: CORRECTED JOINT APPENDIX FILED for Valencell, Inc.. Number of Pages: 1382. Service: 05/02/2019 by email. [604783]--[Edited 05/06/2019 by TAM - compliance review complete] [Daniel Olejko] [Entered: 05/02/2019 11:49 PM] (1328)
May 2, 2019 53 MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED for Appellant Valencell, Inc.. Number of Pages: 31. Service: 05/02/2019 by email. [604782]--[Edited 05/06/2019 by TAM - compliance review complete] [Daniel Olejko] [Entered: 05/02/2019 11:43 PM] (41)
May 2, 2019 52 Notice of Correction to the Brief Doc No. [50], Reply Brief Doc No. [50], Brief Doc No. [51] for Appellant Valencell, Inc.. Service: 05/02/2019 by email. [604781] [18-2224] [Daniel Olejko] [Entered: 05/02/2019 11:40 PM] (4)
Apr 29, 2019 51 FILED from Appellant Valencell, Inc.. Title: JOINT APPENDIX. Service: 04/29/2019 by email. [603832] [18-2224] This brief has been corrected. See Doc No.[54] [Daniel Olejko] [Entered: 04/29/2019 11:37 PM] (1318)
Apr 22, 2019 50 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Valencell, Inc. Number of Pages: 31. Service: 04/22/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [602167] --[Edited 04/24/2019 by TAM - compliance review complete] This brief has been corrected. See Doc No.[53] [Jeffrey Bragalone] [Entered: 04/22/2019 11:37 PM] (42)
Apr 8, 2019 49 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellee Fitbit, Inc.. Service: 04/08/2019 by email. [598552] [18-2224] [Harper Batts] [Entered: 04/08/2019 06:56 PM] (3)
Mar 27, 2019 48 Amended Certificate of Interest for the Appellee Fitbit, Inc.. Service: 03/27/2019 by email. [595825] [18-2224] [Harper Batts] [Entered: 03/27/2019 12:08 PM] (3)
Mar 27, 2019 47 REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [CLERK'S NOTE: The certificate of interest included in the response brief filed for Appellee Fitbit, Inc. does not match the certificate of interest that was previously filed in this case. An amended certificate of interest must be filed promptly.][595819] [TAM] [Entered: 03/27/2019 11:44 AM] (0)
Mar 18, 2019 46 MODIFIED ENTRY: RESPONSE BRIEF FILED for Appellee Fitbit, Inc. Number of Pages: 58. Service: 03/18/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [593737] --[Edited 03/27/2019 by TAM - compliance review complete] [Harper Batts] [Entered: 03/18/2019 10:17 PM] (67)
Mar 4, 2019 45 **TEXT ONLY** ORDER granting motion to extend time to file response and reply brief [44] filed by Appellee Fitbit, Inc. and Appellant Valencell, Inc. Appellee Fitbit, Inc.'s brief is due 03/18/2019. Appellant Valencell, Inc.'s brief is due 04/22/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [590035] [TAM] [Entered: 03/04/2019 01:22 PM] (0)
Feb 27, 2019 44 MODIFIED ENTRY: MOTION of Appellee Fitbit, Inc. and Appellant Valencell, Inc. to extend the time to 03/18/2019 to file Response/Reply. Any response is due within 10 days of service [Consent: unopposed]. Service: 02/27/2019 by email. [589199] [18-2224]--[Edited 03/04/2019 by CAB to add correct relief] [Harper Batts] [Entered: 02/27/2019 07:23 PM] (14)
Jan 10, 2019 43 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Valencell, Inc. Number of Pages: 67. Service: 01/10/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [577477] --[Edited 01/25/2019 by JAL - Compliance review complete] [Daniel Olejko] [Entered: 01/10/2019 07:47 PM] (284)
Jan 10, 2019 42 Notice of Correction to the Brief Doc No. [41] for Appellant Valencell, Inc.. Service: 01/10/2019 by email. [577476] [18-2224] [Daniel Olejko] [Entered: 01/10/2019 07:40 PM] (5)
Jan 9, 2019 41 FILED from Appellant Valencell, Inc.. Title: OPENING BRIEF. Service: 01/09/2019 by email. [577167] [18-2224] This document has been corrected. See Doc No.[42]--[Edited 02/28/2019 by JAL to reflect notice of correction] [Daniel Olejko] [Entered: 01/09/2019 11:58 PM] (77)
Dec 13, 2018 40 **TEXT ONLY** ORDER granting motion to extend time to file brief [39] filed by Appellant Valencell, Inc. Appellant Valencell, Inc.'s brief is due 01/09/2019. Appellee Fitbit, Inc.'s brief due 03/04/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [571519] [MMA] [Entered: 12/13/2018 10:43 AM] (0)
Dec 3, 2018 39 MOTION of Appellant Valencell, Inc. to extend the time to 01/09/2019 to file the Opening Brief. [Consent: unopposed]. Service: 12/03/2018 by email. [569400] [18-2224] [Justin Kimble] [Entered: 12/03/2018 04:28 PM] (10)
Nov 2, 2018 38 REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [562228] [JB] [Entered: 11/02/2018 11:54 AM] (0)
Oct 29, 2018 37 **TEXT ONLY** ORDER granting motion to extend time to file briefs [35] filed by Appellee Fitbit, Inc. and Appellant Valencell, Inc. Appellant's principal brief is due 12/19/2018. Appellee Fitbit, Inc. response brief due 02/11/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [561005] [SJ] [Entered: 10/29/2018 03:23 PM] (0)
Oct 29, 2018 36 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: motion to extend time to file brief Docket No. [35], ERROR: no cert. of compliance with word count requirement. CORRECTION: future motions must contain this certificate. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [561004] [SJ] [Entered: 10/29/2018 03:21 PM] (0)
Oct 25, 2018 35 MOTION of Appellant Valencell, Inc. and Appellee Fitbit, Inc. to extend the time to 12/19/2018 to Opening Brief: November 19, 2018 to December 19, 2018 to file the Response Brief: 14-Day Extension to February 11, 2019. [Consent: unopposed]. Service: 10/25/2018 by email. [560492] [18-2224] [Justin Kimble] [Entered: 10/25/2018 06:16 PM] (12)
Sep 26, 2018 34 Amended Entry of appearance for Christopher Ponder as of counsel for Appellee Fitbit, Inc.. Service: 09/26/2018 by email. [552731] [18-2224] [Christopher Ponder] [Entered: 09/26/2018 01:27 PM] (2)
Sep 26, 2018 33 Amended Entry of appearance for Harper Batts as principal counsel for Appellee Fitbit, Inc.. Service: 09/26/2018 by email. [552727] [18-2224] [Harper Batts] [Entered: 09/26/2018 01:22 PM] (2)
Sep 18, 2018 32 Certified list from the United States Patent and Trademark Office. Service: 09/18/2018 by email. Appellant/Petitioner's brief is due 11/19/2018. [551315] [18-2224, 18-2225] [JB] [Entered: 09/20/2018 11:22 AM] (149)
Sep 13, 2018 31 ORDER filed. The motion [30] is granted. The revised official caption and short caption are reflected in this order. A copy of this order shall be transmitted to the merits panel assigned to these appeals. Service: 09/13/2018 by clerk. [549390] [18-2224, 18-2225] [LMS] [Entered: 09/13/2018 09:50 AM] (2)
Sep 7, 2018 30 MOTION of Appellee Apple Inc. to withdraw party, Appellee Apple Inc., as a party to this appeal [Consent: unopposed]. Service: 09/07/2018 by email. [548235] [18-2224] [Angela Mitchell] [Entered: 09/07/2018 06:01 PM] (5)
Aug 29, 2018 27 Corrected Docketing Statement for the Appellant Valencell, Inc.. Service: 08/29/2018 by email. [546051] [18-2224] [Jeffrey Bragalone] [Entered: 08/29/2018 10:58 AM] (4)
Aug 29, 2018 29 Entry of appearance for Jonathan H. Rastegar as of counsel for Appellant Valencell, Inc.. Service: 08/29/2018 by email. [546054] [18-2224] [Jeffrey Bragalone] [Entered: 08/29/2018 11:01 AM] (2)
Aug 29, 2018 28 Certificate of Interest for the Appellant Valencell, Inc.. Service: 08/29/2018 by email. [546052] [18-2224] [Jeffrey Bragalone] [Entered: 08/29/2018 10:58 AM] (3)
Aug 28, 2018 26 Corrected Entry of appearance for Christopher Ponder as of counsel for Appellee Fitbit, Inc.. Service: 08/28/2018 by email. [545849] [18-2224] [Christopher Ponder] [Entered: 08/28/2018 02:18 PM] (1)
Aug 28, 2018 25 Corrected Certificate of Interest for the Appellee Fitbit, Inc.. Service: 08/28/2018 by email. [545846] [18-2224] [Harper Batts] [Entered: 08/28/2018 02:13 PM] (2)
Aug 28, 2018 24 Corrected Entry of appearance for Harper Batts as principal counsel for Appellee Fitbit, Inc.. Service: 08/28/2018 by email. [545844] [18-2224] [Harper Batts] [Entered: 08/28/2018 02:12 PM] (1)
Aug 27, 2018 23 NOTICE OF NON-COMPLIANCE: The submission of Appellant Valencell, Inc., Docketing Statement for Valencell [9], is not in compliance with the rules of this court (see attached). Compliant document due on 09/04/2018. Service as of this date by the Clerk of Court. [545545] [SJL] [Entered: 08/27/2018 11:42 AM] (1)
Aug 27, 2018 22 NOTICE OF NON-COMPLIANCE: The submission of Appellee Fitbit, Inc., COI [16] and EOAs for Harper Batts [4], and Christopher Ponder [5], are not in compliance with the rules of this court (see attached). Entry of appearance for Harper Batts and Christopher Ponder due on or before 09/04/2018. Compliant document due on 09/04/2018. Service as of this date by the Clerk of Court. [545535] [SJL] [Entered: 08/27/2018 11:29 AM] (1)
Aug 27, 2018 21 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: ERROR: Attorney Jonathan H. Rastegar [15] is not registered to file with CM/ECF. CORRECTION: Pursuant to FCR 25(a)(2), attorneys who appear before this court must register for the court's CM/ECF system. Please register promptly.. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [545512] [SJL] [Entered: 08/27/2018 10:50 AM] (0)
Aug 23, 2018 20 Entry of appearance for Sam Stake as of counsel for Appellee Fitbit, Inc.. Service: 08/23/2018 by email. [545152] [18-2224] [Kevin Johnson] [Entered: 08/23/2018 07:37 PM] (2)
Aug 23, 2018 19 Entry of appearance for Mark Y. Tung as of counsel for Appellee Fitbit, Inc.. Service: 08/23/2018 by email. [545151] [18-2224] [Kevin Johnson] [Entered: 08/23/2018 07:35 PM] (2)
Aug 23, 2018 18 Entry of appearance for Kevin P.B. Johnson as of counsel for Appellee Fitbit, Inc.. Service: 08/23/2018 by email. [545150] [18-2224] [Kevin Johnson] [Entered: 08/23/2018 07:33 PM] (2)
Aug 23, 2018 17 Docketing Statement for the Appellee Fitbit, Inc.. Service: 08/23/2018 by email. [545126] [18-2224] [Harper Batts] [Entered: 08/23/2018 05:33 PM] (3)
Aug 23, 2018 16 Certificate of Interest for the Appellee Fitbit, Inc.. Service: 08/23/2018 by email. [545124] [18-2224] This document is non-compliant. See Doc. No. [22] [Harper Batts] [Entered: 08/23/2018 05:32 PM] (2)
Aug 23, 2018 15 Entry of appearance for Jonathan H. Rastegar as of counsel for Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545093] [18-2224] [Jeffrey Bragalone] [Entered: 08/23/2018 04:36 PM] (2)
Aug 23, 2018 14 Entry of appearance for T. William Kennedy as of counsel for Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545089] [18-2224] [Jeffrey Bragalone] [Entered: 08/23/2018 04:35 PM] (2)
Aug 23, 2018 13 Entry of appearance for Daniel F. Olejko as of counsel for Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545088] [18-2224] [Jeffrey Bragalone] [Entered: 08/23/2018 04:35 PM] (2)
Aug 23, 2018 12 Entry of appearance for Justin B. Kimble as of counsel for Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545087] [18-2224] [Jeffrey Bragalone] [Entered: 08/23/2018 04:34 PM] (2)
Aug 23, 2018 11 Entry of appearance for Jeffrey R. Bragalone as principal counsel for Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545086] [18-2224] [Jeffrey Bragalone] [Entered: 08/23/2018 04:34 PM] (2)
Aug 23, 2018 10 Certificate of Interest for the Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545084] [18-2224] [Jeffrey Bragalone] [Entered: 08/23/2018 04:33 PM] (3)
Aug 23, 2018 9 Docketing Statement for the Appellant Valencell, Inc.. Service: 08/23/2018 by email. [545081] [18-2224] This document is non-compliant. See Doc. No. [23] [Jeffrey Bragalone] [Entered: 08/23/2018 04:32 PM] (4)
Aug 23, 2018 8 Docketing Statement for the Appellee Apple Inc.. Service: 08/23/2018 by email. [544998] [18-2224] [Angela Mitchell] [Entered: 08/23/2018 03:08 PM] (3)
Aug 23, 2018 7 Certificate of Interest for the Appellee Apple Inc.. Service: 08/23/2018 by email. [544997] [18-2224] [Angela Mitchell] [Entered: 08/23/2018 03:07 PM] (3)
Aug 23, 2018 6 Entry of appearance for Angela (Angel) D. Mitchell as principal counsel for Appellee Apple Inc.. Service: 08/23/2018 by email. [544996] [18-2224] [Angela Mitchell] [Entered: 08/23/2018 03:05 PM] (2)
Aug 23, 2018 5 Entry of appearance for Christopher Ponder as of counsel for Appellee Fitbit, Inc.. Service: 08/23/2018 by email. [544966] [18-2224] This document is non-compliant. See Doc. No. [22] [Christopher Ponder] [Entered: 08/23/2018 02:00 PM] (1)
Aug 22, 2018 4 Entry of appearance for Harper Batts as principal counsel for Appellee Fitbit, Inc.. Service: 08/22/2018 by email. [544802] [18-2224] This document is non-compliant. See Doc. No. [22] [Harper Batts] [Entered: 08/22/2018 10:42 PM] (1)
Aug 10, 2018 3 Note to file: The following cases are associated:18-2224 (Lead) with 18-2225 (Member). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [542178] [JB] [Entered: 08/10/2018 03:35 PM] (0)
Aug 10, 2018 2 ORDER consolidating appeals (18-1224 (Lead) with 18-1225 (Member)). The certified lists for the consolidated appeals are due no later than September 18, 2018. The consolidated cases and Appeal No. 2018-2223 shall be considered companion cases. Service as of this date by the Clerk of Court. [542173] [18-2224, 18-2223, 18-2225] [JB] [Entered: 08/10/2018 03:27 PM] (2)
Aug 9, 2018 1 Appeal docketed. Received: 08/03/2018. [541808] Entry of Appearance due 08/23/2018. Certificate of Interest is due on 08/23/2018. Docketing Statement due 08/23/2018. Certified List due on 09/18/2018. [JB] [Entered: 08/09/2018 02:37 PM] (8)
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