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Case number 1:22-cv-00931

WFR IP LLC v. GN Audio USA Inc. > Documents

Date Field Doc. No.Description (Pages)
May 9, 2023 32 ORAL ORDER: Having reviewed Plaintiff WFR IP, LLC's March 28, 2023 letter to the Court, which self-imposed "an additional 30-days to locate [new Delaware local] counsel," see D.I. 27, and noting that this self-imposed deadline has since passed, IT IS HEREBY ORDERED that, by no later than May 12, 2023, Plaintiff shall file a status report explaining Plaintiff's efforts to retain new Delaware local counsel as required by Delaware Local Rule 83.5(d). ORDERED by Judge Gregory B. Williams on 5/9/23. (ntl) (Entered: 05/09/2023) (0)
Mar 28, 2023 31 Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 03/28/2023) (2)
Mar 27, 2023 30 NOTICE of Voluntary Dismissal by WFR IP LLC as to GN Audio USA Inc (Chong, Jimmy) (Entered: 03/27/2023) (2)
Mar 24, 2023 29 ORAL ORDER: Having reviewed Plaintiff WFR IP, LLC's unopposed Motion for Withdrawal of Jimmy Chong, Esq. as Counsel for Plaintiff (D.I. 11) pursuant to Delaware Local Rule 83.7, IT IS HEREBY ORDERED that, by no later than March 28, 2023, Plaintiff shall file a status report updating the Court on Plaintiff's efforts to retain new Delaware local counsel as required by Delaware Local Rule 83.5(d). ORDERED by Judge Gregory B. Williams on 3/24/23. (ntl) (Entered: 03/24/2023) (0)
Feb 1, 2023 28 ORAL ORDER: Plaintiff WFR IP, Inc. ("WFR") filed its Original Complaint on July 12, 2022. D.I. 1. Defendant GN Audio USA, Inc. ("GN") filed a Partial Motion to Dismiss for Failure to State a Claim on September 6, 2022, D.I. 13, and WFR filed a Motion for Leave to File Amended Complaint on September 20, 2022, D.I. 17. Federal Rule of Civil Procedure 15(a)(1) provides that a party "may amend its pleading once as a matter of course within:... 21 days after service of a motion under Rule 12(b)...." Here, WFR was within the Rule 15(a)(1) window, as GN explains. See D.I. 18 at 1-2. Thus, IT IS HEREBY ORDERED that WFR's Motion for Leave to File Amended Complaint (D.I. 17) is GRANTED and GN's Partial Motion to Dismiss for Failure to State a Claim (D.I. 13) is DENIED as MOOT without prejudice to renew. ORDERED by Judge Gregory B. Williams on 2/1/23. (ntl) (Entered: 02/01/2023) (0)
Jan 27, 2023 27 NOTICE OF SERVICE of Defendant GN Audio USA Inc.'s production of core technical documents and sales figures for the accused products, pursuant to Paragraph 3(b) of the Scheduling Order filed by GN Audio USA Inc..(Wilson, Samantha) (Entered: 01/27/2023) (2)
Jan 20, 2023 26 NOTICE OF SERVICE of Defendant GN Audio USA Inc.'s Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by GN Audio USA Inc..(Wilson, Samantha) (Entered: 01/20/2023) (2)
Dec 27, 2022 25 PROPOSED ORDER Protective Order by GN Audio USA Inc.. (Wilson, Samantha) (Entered: 12/27/2022) (29)
Dec 16, 2022 24 NOTICE OF SERVICE of Defendant GN Audio USA Inc.'s Initial Disclosures Pursuant to Fed. Civ. P. 26(a)(1) filed by GN Audio USA Inc..(Gaza, Anne) (Entered: 12/16/2022) (2)
Dec 9, 2022 23 SCHEDULING ORDER: Fact Discovery completed by 2/16/2024. Status Report due by 11/3/2023. Dispositive Motions due by 7/19/2024. Joint Claim Construction Brief due by 6/13/2023. A Markman Hearing is set for 8/2/2023 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. A Pretrial Conference is set for 1/9/2025 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Jury Trial is set for 1/21/2025 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Signed by Judge Gregory B. Williams on 12/8/2022. (etg) Modified on 12/9/2022 to correct signature date (etg). (Entered: 12/09/2022) (17)
Dec 2, 2022 22 Amended PROPOSED ORDER Scheduling Order re 21 Order,,,,,, by GN Audio USA Inc.. (Wilson, Samantha) (Entered: 12/02/2022) (17)
Nov 28, 2022 21 ORAL ORDER: The Court has reviewed the letter from Samantha G. Wilson of November 3, 2022 that requests six (6) changes to the Court's template scheduling order for patent, non-ANDA cases. D.I. 20-1. The Court has also reviewed the provisions of the parties' proposed scheduling order that were identified in the letter (i.e., paragraphs 1, 15, 4(c), 4(e)(i), 13(c), and Form paragraph 24). D.I. 20. The Court will permit the parties to alter the scheduling order as requested in paragraphs 1, 15, 4(c), 4(e)(i), 13(c), and Form paragraph 24, so long as the parties make two changes to their proposed scheduling order: (1) Revise the final sentence of proposed paragraph 13(c), note 1, so that it reads as follows: "These limits do not apply to motions filed pursuant to Federal Rules of Civil Procedure 12(b) and 12(f); the local rules shall pertain to motions filed pursuant to Rule 12(b) and Section 6, supra, shall pertain to motions filed pursuant to Rule 12(f)."; and (2) add the following language to their proposed scheduling order: "The parties understand and expressly agree that the Court will not be responsible to hear and/or resolve any discovery disputes arising from or related to the alteration of the terms of Judge Williams' form scheduling order for patent, non-ANDA cases. With respect to those specific alterations, the parties will be left to resolve any such discovery disputes between themselves." ORDERED by Judge Gregory B. Williams on 11/28/22.(ntl) (Entered: 11/28/2022) (0)
Nov 3, 2022 20 Proposed Order (Letter to Judge Williams from S. Wilson) (2)
Docket Text: PROPOSED ORDER (Scheduling Order) re [19] Order,,, by GN Audio USA Inc.. (Attachments: # (1) Letter to Judge Williams from S. Wilson)(Wilson, Samantha)
Nov 3, 2022 20 Proposed Order (Main Document) (16)
Docket Text: PROPOSED ORDER (Scheduling Order) re [19] Order,,, by GN Audio USA Inc.. (Attachments: # (1) Letter to Judge Williams from S. Wilson)(Wilson, Samantha)
Oct 4, 2022 N/A Order (0)
Docket Text: ORAL ORDER IT IS HEREBY ORDERED that, not later than thirty (30) days from the date of this Order, the parties shall meet and confer and file a joint proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (see Chambers, Judge Williams, Forms), along with a cover letter requesting the Court to enter the joint proposed Scheduling Order (if there are no disputes or other issues concerning scheduling that the Court needs to address) or to schedule the Scheduling Conference. If there are disputes or other issues the Court needs to address in the joint proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint proposed Scheduling Order which those appear. ORDERED by Judge Gregory B. Williams on 10/4/22. Associated Cases: 1:22-cv-00931-GBW, 1:22-cv-00932-GBW (ntl)
Sep 27, 2022 18 Response to Motion (3)
Docket Text: RESPONSE to Motion re [17] MOTION for Leave to File Amended Complaint filed by GN Audio USA Inc.. (Gaza, Anne)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (22)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (13)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (7)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (7)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (6)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (9)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Exhibit) (8)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Text of Proposed Order) (1)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Affidavit Memorandum in Support of Motion for Leave) (6)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 20, 2022 17 Motion for Leave to File (Main Document) (2)
Docket Text: MOTION for Leave to File Amended Complaint - filed by WFR IP LLC. (Attachments: # (1) Affidavit Memorandum in Support of Motion for Leave, # (2) Text of Proposed Order, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Chong, Jimmy)
Sep 9, 2022 16 VAC - Magistrate Non-consent - completed by the parties (1)
Docket Text: VAC Magistrate Non-Consent completed by the parties filed by WFR IP LLC. (Chong, Jimmy)
Sep 8, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)
Sep 7, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Matthew J. Rizzolo, Scott A. McKeown, and Brendan McLaughlin for GN Audio USA Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
Sep 6, 2022 15 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent GN Store Nord A/S for GN Audio USA Inc. filed by GN Audio USA Inc.. (Gaza, Anne)
Sep 6, 2022 14 Opening Brief in Support (Exhibit A - C) (25)
Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss for Failure to State a Claim Defendant GN Audio USA Inc.'s Partial Motion to Dismiss for Failure to State a Claim filed by GN Audio USA Inc..Answering Brief/Response due date per Local Rules is 9/20/2022. (Attachments: # (1) Exhibit A - C)(Gaza, Anne)
Sep 6, 2022 14 Opening Brief in Support (Main Document) (22)
Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss for Failure to State a Claim Defendant GN Audio USA Inc.'s Partial Motion to Dismiss for Failure to State a Claim filed by GN Audio USA Inc..Answering Brief/Response due date per Local Rules is 9/20/2022. (Attachments: # (1) Exhibit A - C)(Gaza, Anne)
Sep 6, 2022 13 Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1)
Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant GN Audio USA Inc.'s Partial Motion to Dismiss - filed by GN Audio USA Inc.. (Attachments: # (1) Text of Proposed Order)(Gaza, Anne)
Sep 6, 2022 13 Motion to Dismiss for Failure to State a Claim (Main Document) (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant GN Audio USA Inc.'s Partial Motion to Dismiss - filed by GN Audio USA Inc.. (Attachments: # (1) Text of Proposed Order)(Gaza, Anne)
Sep 6, 2022 12 Motion for Leave to Appear Pro Hac Vice (6)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Scott A. McKeown, Matthew J. Rizzolo, and Brendan F. McLaughlin - filed by GN Audio USA Inc.. (Wilson, Samantha)
Sep 6, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [12] MOTION for Pro Hac Vice Appearance of Attorney Scott A. McKeown, Matthew J. Rizzolo, and Brendan F. McLaughlin filed by GN Audio USA Inc. ORDERED by Judge Colm F. Connolly on 9/6/22. (ntl)
Aug 24, 2022 11 Motion to Withdraw as Attorney (2)
Docket Text: MOTION for Jimmy Chong to Withdraw as Attorney - filed by WFR IP LLC. (Chong, Jimmy)
Jul 27, 2022 10 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Defendant to move against, answer, or otherwise respond to the Complaint to September 6, 2022 - filed by GN Audio USA Inc.. (Gaza, Anne)
Jul 27, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [10] STIPULATION TO EXTEND TIME for Defendant to move against, answer, or otherwise respond to the Complaint to September 6, 2022 filed by GN Audio USA Inc. Reset Answer Deadlines: GN Audio USA Inc. answer due 9/6/2022. Ordered by Judge Colm F. Connolly on 7/27/2022. (etg)
Jul 21, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney William P. Ramey, III for WFR IP LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
Jul 20, 2022 9 VAC Notice, Consent, Non-Consent, Magistrate Referral (1)
Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral Associated Cases: 1:22-cv-00931-VAC, 1:22-cv-00932-VAC (ntl)
Jul 20, 2022 N/A Order (0)
Docket Text: ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 7/20/2022. Associated Cases: 1:22-cv-00931-VAC, 1:22-cv-00932-VAC (ntl)
Jul 20, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [7] MOTION for Pro Hac Vice Appearance of Attorney William P Ramey, III filed by WFR IP LLC. ORDERED by Judge Maryellen Noreika on 7/20/2022. (dlw)
Jul 20, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:22-cv-00931-VAC, 1:22-cv-00932-VAC (rjb)
Jul 19, 2022 7 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William P Ramey, III - filed by WFR IP LLC. (Chong, Jimmy)
Jul 18, 2022 6 Summons Returned Executed (1)
Docket Text: SUMMONS Returned Executed by WFR IP LLC. GN Audio USA Inc. served on 7/14/2022, answer due 8/4/2022. (Chong, Jimmy)
Jul 12, 2022 5 Summons Issued - Electronic (2)
Docket Text: Summonses Issued (please complete the top portion of the form and print out for use/service). (smg)
Jul 12, 2022 4 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by WFR IP LLC. (smg)
Jul 12, 2022 3 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,438,984; US 7,505,793. (smg)
Jul 12, 2022 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg)
Jul 12, 2022 1 Complaint (Civil Cover Sheet Related Cases) (1)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Civil Cover Sheet) (2)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Exhibit E) (22)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Exhibit D) (13)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Exhibit C) (7)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Exhibit B) (7)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Exhibit A) (6)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint (Main Document) (8)
Docket Text: COMPLAINT filed with Jury Demand against GN Audio USA Inc. ( Filing fee $ 402, receipt number ADEDC-3914055.) - filed by WFR IP LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet, # (7) Civil Cover Sheet Related Cases)(smg)
Jul 12, 2022 1 Complaint* (1)
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