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Case number 4:19-cv-08044

Zircon Corporation v. Stanley Black and Decker, Inc. > Documents

Date Field Doc. No.Description (Pages)
May 5, 2023 58 ORDER: The court thanks counsel for the update on proceedings before the Federal Circuit. The case remains stayed. Per Docket 55, the parties shall promptly notify the court within two weeks of the termination of the Federal Circuit appeal. Signed by Chief Magistrate Judge Donna M. Ryu on 5/5/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 5/5/2023) (Entered: 05/05/2023) (0)
May 5, 2023 57 STATUS REPORT Re Pending ITC Appeal by Stanley Black & Decker Inc.. (Sweeney, Dianne) (Filed on 5/5/2023) (Entered: 05/05/2023) (3)
Apr 24, 2023 56 ORDER to File Joint Status Report. Signed by Chief Magistrate Judge Donna M. Ryu on 4/24/2023. (dmrlc1, COURT STAFF) (Filed on 4/24/2023) (Entered: 04/24/2023) (1)
May 2, 2022 55 Order by Magistrate Judge Donna M. Ryu granting 54 Stipulation to Continue to Stay the Case as modified. Signed on 5/2/2022.(dmrlc1, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022) (3)
Apr 29, 2022 54 STIPULATION WITH PROPOSED ORDER TO CONTINUE TO STAY THE CASE filed by Zircon Corporation. (Farooqui, Omair) (Filed on 4/29/2022) (Entered: 04/29/2022) (4)
Apr 25, 2022 53 ORDER re: 52 Notice filed by Stanley Black & Decker Inc.: The parties shall meet and confer regarding any continuance of the stay of this action. By no later than 4/29/2022, the parties shall file either a stipulation regarding the stay or a joint letter that does not exceed two pages setting forth their positions on the stay. Signed by Magistrate Judge Donna M. Ryu on 4/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 4/25/2022) (Entered: 04/25/2022) (0)
Apr 20, 2022 52 NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court (Sweeney, Dianne) (Filed on 4/20/2022) (Entered: 04/20/2022) (2)
Mar 18, 2022 51 NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court re ITC Commission Opinion (Attachments: # 1 Exhibit A)(Sweeney, Dianne) (Filed on 3/18/2022) (Entered: 03/18/2022) (0)
Mar 1, 2022 50 NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court Re ITC's Notice of Terminated ITC Proceedings and Expected Upcoming Appeal (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sweeney, Dianne) (Filed on 3/1/2022) (Entered: 03/01/2022) (0)
Oct 5, 2020 49 Order by Magistrate Judge Donna M. Ryu granting 48 Stipulation to Stay the Case pending the ITC Proceeding. Signed on 10/5/2020.(dmrlc1, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020) (5)
Oct 2, 2020 48 STIPULATION WITH PROPOSED ORDER to Stay the Case filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). (Entered: 10/02/2020) (5)
Oct 2, 2020 47 Statement on Whether to Withdraw Motion to Stay re 46 Order,,,, by Stanley Black & Decker Inc.. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). (Entered: 10/02/2020) (2)
Sep 30, 2020 46 ORDER re 42 MOTION to Stay the Proceedings filed by Stanley Black & Decker Inc.: Defendant filed a motion to stay the proceedings pending the outcome of Plaintiff's International Trade Commission ("ITC") filing. Under the Local Rules, any opposition or statement of non-opposition to the motion was due by 9/28/2020. While Plaintiff indicated in its response to Defendant's motion to shorten time that it does not oppose the motion after the ITC institutes an investigation, it did not file a response to the motion to stay. Therefore, the parties shall immediately meet and confer regarding the motion to stay, including addressing whether Defendant agrees to withdraw the motion to stay and the parties agree to stipulate to a stay of this action if the ITC accepts the claim for investigation. Defendant shall file a statement indicating whether it will withdraw the motion to stay by no later than 10/5/2020. Signed by Magistrate Judge Donna M. Ryu on 9/30/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 9/30/2020) (Entered: 09/30/2020) (0)
Sep 24, 2020 45 Order by Magistrate Judge Donna M. Ryu denying 43 Motion to Shorten Time. Signed on 9/24/2020.(dmrlc1, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020) (1)
Sep 18, 2020 44 OPPOSITION/RESPONSE (re 43 MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions ) filed byZircon Corporation. (Farooqui, Omair) (Filed on 9/18/2020) (Entered: 09/18/2020) (3)
Sep 13, 2020 43 MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions filed by Stanley Black & Decker Inc.. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) (Entered: 09/13/2020) (0)
Sep 13, 2020 42 MOTION to Stay the Proceedings in Light of Zircon's ITC filing filed by Stanley Black & Decker Inc.. Motion Hearing set for 10/22/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) (Entered: 09/13/2020) (0)
Aug 28, 2020 41 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held by Zoom on 8/28/2020. Case did not settle. FTR Time: n/a. Plaintiff Attorney: : Omair Farooqui; representatives: Ronald Bourque, Robert Wyler. Defendant Attorney: Bryan Collins, Dianne Sweeney, Theresa Roozen; representative: Stephen Valancius. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 8/28/2020) (Entered: 08/28/2020) (0)
Jul 20, 2020 40 Order by Magistrate Judge Donna M. Ryu granting 39 Stipulation Modifying Deadline for Patent Local Rule 3-1 and 3-2 Disclosures. Signed on 7/20/2020.(dmrlc1, COURT STAFF) (Filed on 7/20/2020) (Entered: 07/20/2020) (4)
Jul 17, 2020 39 STIPULATION WITH PROPOSED ORDER For Modifying Deadline For Plaintiff's Patent Local Rule 3-1 and 3-2 Disclosures filed by Zircon Corporation ad Stanley Black & Decker, Inc.. (Farooqui, Omair) (Filed on 7/17/2020) Modified on 7/20/2020 (jmlS, COURT STAFF). (Entered: 07/17/2020) (4)
Jun 29, 2020 38 CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE. A Settlement Conference is hereby set for August 28, 2020 09:30 AM in San Jose, by Zoom, before Magistrate Judge Virginia K. DeMarchi. A Pre-Settlement Telephone Conference call with counsel only is set for August 24, 2020 10:00AM. The parties shall comply with Judge DeMarchi's Standing Order re Settlement Conference Procedures at http://www.cand.uscourts.gov/vkdorders, which includes instructions and deadlines for the submission of Settlement Conference Statements and Confidential Settlement Letters in advance of the conference.Zoom and Conference Call information will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) Settlement Conference set for 8/28/2020 09:30 AM. Telephone Conference set for 8/24/2020 10:00 AM before Magistrate Judge Virginia K. DeMarchi. (pmcS, COURT STAFF) (Filed on 6/29/2020) (Entered: 06/29/2020) (0)
Jun 15, 2020 37 CASE MANAGEMENT SCHEDULING ORDER AND ORDER REFERRING CASE to Magistrate Judge Virginia K. DeMarchi for Settlement Conference which shall be completed by 12/17/2020. Tutorial Hearing set for 3/18/2021 01:00 PM.Claims Construction Hearing set for 3/25/2021 01:00 PM. Pretrial Conference set for 11/23/2022 03:00 PM; Jury Selection and Jury Trial (10 days) set for 12/5/2022 09:00 AM before Magistrate Judge Donna M. Ryu. See Order for all dates set by the court. Signed by Magistrate Judge Donna M. Ryu on 6/15/2020. (Attachments: # 1 Trial Exhibit Markers)(ig, COURT STAFF) (Filed on 6/15/2020) (Entered: 06/15/2020) (0)
Jun 11, 2020 36 Letter from Zircon Corporation & Stanley Black & Decker Inc. Regarding ADR. (Farooqui, Omair) (Filed on 6/11/2020) Modified on 6/12/2020 (jmlS, COURT STAFF). (Entered: 06/11/2020) (2)
Jun 3, 2020 35 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 6/3/2020. Updated Joint Case Management Statement due by 10/14/2020. Further Case Management Conference set for 10/21/2020 01:30 PM. Last day to hear Dispositive and Daubert Motions: 8/25/2022 01:00 PM. FTR Time: Recorded via Zoom. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/3/2020) (Entered: 06/04/2020) (1)
Jun 1, 2020 34 CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 6/3/2020 01:30 PM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to dmrcrd@cand.uscourts.gov by no later than 6/2/2020 09:00 AM.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://us02web.zoom.us/j/88174373749?pwd=Z0ZsalZpUm52V3M4cXNrUzBpY0ZMZz09Meeting ID: 881 7437 3749Password: 681510Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Initial Case Management Conference set for 6/3/2020 01:30 PM. (Related document(s) 25 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 6/1/2020). (Entered: 06/01/2020) (0)
May 27, 2020 33 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Zircon Corporation and Black & Decker, Inc.. (Farooqui, Omair) (Filed on 5/27/2020) Modified on 5/28/2020 (jmlS, COURT STAFF). (Entered: 05/27/2020) (18)
May 11, 2020 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options [Zircon Corporation] (Farooqui, Omair) (Filed on 5/11/2020) (Entered: 05/11/2020) (1)
May 11, 2020 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Stanley Black & Decker, Inc. (Roozen, Theresa) (Filed on 5/11/2020) (Entered: 05/11/2020) (1)
May 8, 2020 30 ANSWER to Amended Complaint (Demand for Jury Trial) byStanley Black & Decker Inc.. (Collins, Bryan) (Filed on 5/8/2020) (Entered: 05/08/2020) (27)
May 1, 2020 28 ORDER by Magistrate Judge Donna M. Ryu granting 26 Bryan P. Collins's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/03/2020) (1)
May 1, 2020 29 ORDER by Magistrate Judge Donna M. Ryu granting 27 Theresa Ann Roozen's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/03/2020) (1)
May 1, 2020 27 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429986.) filed by Stanley Black & Decker Inc.. (Attachments: # 1 Certificate of Good Standing)(Roozen, Theresa) (Filed on 5/1/2020) (Entered: 05/01/2020) (0)
May 1, 2020 26 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429938.) filed by Stanley Black & Decker Inc.. (Attachments: # 1 Certificate of Good Standing)(Collins, Bryan) (Filed on 5/1/2020) (Entered: 05/01/2020) (0)
Apr 24, 2020 25 ORDER by Magistrate Judge Donna M. Ryu granting 24 Stipulation: Joint Case Management Statement due by 5/27/2020. Initial Case Management Conference continued to 6/3/2020 01:30 PM. (ig, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020) (5)
Apr 23, 2020 24 STIPULATION WITH PROPOSED ORDER Resetting Initial Case Management Conference and Certain Deadlines) re 11 Order on Administrative Motion per Civil Local Rule 7-11, 14 Stipulation, filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 4/23/2020) Modified on 4/24/2020 (jmlS, COURT STAFF). (Entered: 04/23/2020) (5)
Apr 10, 2020 23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stanley Black & Decker Inc... (Sweeney, Dianne) (Filed on 4/10/2020) (Entered: 04/10/2020) (1)
Mar 31, 2020 22 Corporate Disclosure Statement by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) (Entered: 03/31/2020) (1)
Mar 31, 2020 21 Certificate of Interested Entities by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) (Entered: 03/31/2020) (1)
Mar 30, 2020 20 Statement of Certification of Interested Parties Pursuant to L.R. 3-15 by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) (Entered: 03/30/2020) (1)
Mar 30, 2020 19 Statement Corporate Disclosure by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) (Entered: 03/30/2020) (1)
Mar 27, 2020 18 CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/10/2020. (ig, COURT STAFF) (Filed on 3/27/2020) (Entered: 03/27/2020) (2)
Mar 27, 2020 17 Certificate of Interested Entities by Stanley Black & Decker Inc. identifying Other Affiliate Black & Decker (U.S.) Inc. for Stanley Black & Decker Inc.. re Electronic Filing Error, (Sweeney, Dianne) (Filed on 3/27/2020) (Entered: 03/27/2020) (2)
Mar 26, 2020 16 Certificate of Interested Entities by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) (Entered: 03/26/2020) (2)
Mar 26, 2020 15 Corporate Disclosure Statement by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) (Entered: 03/26/2020) (1)
Mar 26, 2020 14 STIPULATION re 12 Amended Complaint Extending Time to Answer or Otherwise Respond to Complaint filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 3/26/2020) Modified on 3/27/2020 (jmlS, COURT STAFF). (Entered: 03/26/2020) (2)
Mar 13, 2020 13 CERTIFICATE OF SERVICE of First Amended Complaint and Case Management Conference Order on Stanley Black & Decker, Inc. by Zircon Corporation. (Farooqui, Omair) (Filed on 3/13/2020) Modified on 3/16/2020 (cjlS, COURT STAFF). (Entered: 03/13/2020) (1)
Mar 4, 2020 12 Amended Complaint* (1)
Feb 28, 2020 11 ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 10 Administrative Motion to continue the Initial Case Management Conference and ADR Deadlines: Joint Case Management Statement due by 5/13/2020. Initial Case Management Conference continued to 5/20/2020 01:30 PM. Upont receipt of this Order, Plaintiff shall serve the Defendant with a copy of this Order and file a proof of service with the court. (ig, COURT STAFF) (Filed on 2/28/2020) (Entered: 02/28/2020) (3)
Feb 26, 2020 10 ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation. Responses due by 3/4/2020. (Farooqui, Omair) (Filed on 2/26/2020) (Entered: 02/26/2020) (3)
Jan 15, 2020 9 Summons Issued as to Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 1/15/2020) (Entered: 01/15/2020) (2)
Jan 14, 2020 8 Proposed Summons. (Farooqui, Omair) (Filed on 1/14/2020) (Entered: 01/14/2020) (2)
Jan 14, 2020 7 Civil Cover Sheet by Zircon Corporation [CORRECTED]. (Farooqui, Omair) (Filed on 1/14/2020) (Entered: 01/14/2020) (2)
Jan 14, 2020 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Zircon Corporation.. (Farooqui, Omair) (Filed on 1/14/2020) (Entered: 01/14/2020) (1)
Dec 31, 2019 5 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/14/2020. (ig, COURT STAFF) (Filed on 12/31/2019) (Entered: 12/31/2019) (2)
Dec 10, 2019 4 REPORT on the filing of an action regarding patent infringement (cc: form mailed to register). (jmlS, COURT STAFF) (Filed on 12/10/2019) (Entered: 12/10/2019) (1)
Dec 10, 2019 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/11/2020. Initial Case Management Conference set for 3/18/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 12/10/2019) (Entered: 12/10/2019) (2)
Dec 9, 2019 2 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/23/2019. (bwS, COURT STAFF) (Filed on 12/9/2019) (Entered: 12/10/2019) (0)
Dec 9, 2019 1 Complaint (Civil Cover Sheet) (2)
Docket Text: COMPLAINT with jury demand against Stanley Black & Decker Inc. Filed by Zircon Corporation. (Filing fee paid of $400.00, Receipt No. 0971-13963759) (Attachments: # (1) Summons, # (2) Civil Cover Sheet)(Farooqui, Omair) (Filed on 12/9/2019) Modified on 12/10/2019 (bwS, COURT STAFF). Modified on 12/10/2019 (jmlS, COURT STAFF). 2 Filed: 12/09/2019 Entered: 12/10/2019 Case Assigned by Intake Docket Text: Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/23/2019. (bwS, COURT STAFF) (Filed on 12/9/2019) Filed & Entered: 12/10/2019 Electronic Filing Error Docket Text: Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet JS 44 (Rev. 28/19) used at case opening. Please complete and re-file as a s eparate docket entry current Civil Cover Sheet JS-CAND 44 (Rev. 07/19) re [1]. [2] Complaint, filed by Zircon Corporation (bwS, COURT STAFF) (Filed on 12/10/2019) Filed & Entered: 12/10/2019 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101] The correct event is Proposed Summons. The summons should NOT be filed as an attachment to the Complaint. The correct event can be found at Civil Events > Other Filings > Other Documents > Proposed Summons. Please re-file the SUMMONS ONLY in its entirety.Re:[1-1] Summons, filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 12/10/2019) 3 Filed & Entered: 12/10/2019 Initial Case Management Scheduling Order with ADR Deadlines Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/11/2020. Initial Case Management Conference set for 3/18/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 12/10/2019) 4 Filed & Entered: 12/10/2019 Patent/Trademark Report Docket Text: REPORT on the filing of an action regarding patent infringement (cc: form mailed to register). (jmlS, COURT STAFF) (Filed on 12/10/2019) 5 Filed & Entered: 12/31/2019 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/14/2020. (ig, COURT STAFF) (Filed on 12/31/2019) 6 Filed & Entered: 01/14/2020 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Zircon Corporation.. (Farooqui, Omair) (Filed on 1/14/2020) 7 Filed & Entered: 01/14/2020 Civil Cover Sheet Docket Text: Civil Cover Sheet by Zircon Corporation [CORRECTED]. (Farooqui, Omair) (Filed on 1/14/2020) 8 Filed & Entered: 01/14/2020 Proposed Summons Docket Text: Proposed Summons. (Farooqui, Omair) (Filed on 1/14/2020) 9 Filed & Entered: 01/15/2020 Summons Issued Docket Text: Summons Issued as to Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 1/15/2020) 10 Filed & Entered: 02/26/2020Terminated: 02/28/2020 Administrative Motion per Civil Local Rule 7-11 Docket Text: ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation. Responses due by 3/4/2020. (Farooqui, Omair) (Filed on 2/26/2020) Filed & Entered: 02/27/2020 Electronic Filing Error Docket Text: Electronic filing error. Judge initials are missing. Counsel need not re-file the document, but should reference the judge initials on future filings. Re:[10] ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 2/27/2020) 11 Filed & Entered: 02/28/2020 Order on Administrative Motion per Civil Local Rule 7-11 Docket Text: ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting [10] Administrative Motion to continue the Initial Case Management Conference and ADR Deadlines: Joint Case Management Statement due by 5/13/2020. Initial Case Management Conference continued to 5/20/2020 01:30 PM. Upont receipt of this Order, Plaintiff shall serve the Defendant with a copy of this Order and file a proof of service with the court. (ig, COURT STAFF) (Filed on 2/28/2020) 12 Filed & Entered: 03/04/2020 Amended Complaint Docket Text: AMENDED COMPLAINT (First) against All Defendants. Filed byZircon Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Farooqui, Omair) (Filed on 3/4/2020) 13 Filed & Entered: 03/13/2020 Certificate of Service Docket Text: CERTIFICATE OF SERVICE of First Amended Complaint and Case Management Conference Order on Stanley Black & Decker, Inc. by Zircon Corporation. (Farooqui, Omair) (Filed on 3/13/2020) Modified on 3/16/2020 (cjlS, COURT STAFF). Filed: 03/26/2020 Entered: 03/27/2020 Electronic Filing Error Docket Text: Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re:[16] Certificate of Interested Entities filed by Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 3/26/2020) 14 Filed & Entered: 03/26/2020 Stipulation Docket Text: STIPULATION re [12] Amended Complaint Extending Time to Answer or Otherwise Respond to Complaint filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 3/26/2020) Modified on 3/27/2020 (jmlS, COURT STAFF). 15 Filed & Entered: 03/26/2020 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) 16 Filed & Entered: 03/26/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) 17 Filed & Entered: 03/27/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Stanley Black & Decker Inc. identifying Other Affiliate Black & Decker (U.S.) Inc. for Stanley Black & Decker Inc.. re Electronic Filing Error, (Sweeney, Dianne) (Filed on 3/27/2020) 18 Filed & Entered: 03/27/2020 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/10/2020. (ig, COURT STAFF) (Filed on 3/27/2020) Filed: 03/30/2020 Entered: 03/31/2020 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101] The correct event is Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. The correct event can be found at: Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re:[19] Statement filed by Zircon Corporation, [20] Statement filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 3/30/2020) 19 Filed & Entered: 03/30/2020 Statement Docket Text: Statement Corporate Disclosure by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) 20 Filed & Entered: 03/30/2020 Statement Docket Text: Statement of Certification of Interested Parties Pursuant to L.R. 3-15 by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) 21 Filed & Entered: 03/31/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) 22 Filed & Entered: 03/31/2020 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) 23 Filed & Entered: 04/10/2020 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stanley Black & Decker Inc... (Sweeney, Dianne) (Filed on 4/10/2020) 24 Filed & Entered: 04/23/2020Terminated: 04/24/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER Resetting Initial Case Management Conference and Certain Deadlines) re [11] Order on Administrative Motion per Civil Local Rule 7-11, [14] Stipulation, filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 4/23/2020) Modified on 4/24/2020 (jmlS, COURT STAFF). 25 Filed & Entered: 04/24/2020 Order on Stipulation Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [24] Stipulation: Joint Case Management Statement due by 5/27/2020. Initial Case Management Conference continued to 6/3/2020 01:30 PM. (ig, COURT STAFF) (Filed on 4/24/2020) 26 Filed & Entered: 05/01/2020Terminated: 05/01/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429938.) filed by Stanley Black & Decker Inc.. (Attachments: # (1) Certificate of Good Standing)(Collins, Bryan) (Filed on 5/1/2020) 27 Filed & Entered: 05/01/2020Terminated: 05/01/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429986.) filed by Stanley Black & Decker Inc.. (Attachments: # (1) Certificate of Good Standing)(Roozen, Theresa) (Filed on 5/1/2020) 28 Filed: 05/01/2020 Entered: 05/03/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [26] Bryan P. Collins's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) 29 Filed: 05/01/2020 Entered: 05/03/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [27] Theresa Ann Roozen's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) 30 Filed & Entered: 05/08/2020 Answer to Amended Complaint Docket Text: ANSWER to Amended Complaint (Demand for Jury Trial) byStanley Black & Decker Inc.. (Collins, Bryan) (Filed on 5/8/2020) 31 Filed & Entered: 05/11/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Stanley Black & Decker, Inc. (Roozen, Theresa) (Filed on 5/11/2020) 32 Filed & Entered: 05/11/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options [Zircon Corporation] (Farooqui, Omair) (Filed on 5/11/2020) 33 Filed & Entered: 05/27/2020 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Zircon Corporation and Black & Decker, Inc.. (Farooqui, Omair) (Filed on 5/27/2020) Modified on 5/28/2020 (jmlS, COURT STAFF). 34 Filed & Entered: 06/01/2020 Clerk's Notice Setting Zoom Hearing. Docket Text: CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 6/3/2020 01:30 PM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to dmrcrd@cand.uscourts.gov by no later than 6/2/2020 09:00 AM.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://us02web.zoom.us/j/88174373749?pwd=Z0ZsalZpUm52V3M4cXNrUzBpY0ZMZz09Meeting ID: 881 7437 3749Password: 681510Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Initial Case Management Conference set for 6/3/2020 01:30 PM. (Related document(s) [25]) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 6/1/2020). 35 Filed: 06/03/2020 Entered: 06/04/2020 Terminate Hearings Docket Text: Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 6/3/2020. Updated Joint Case Management Statement due by 10/14/2020. Further Case Management Conference set for 10/21/2020 01:30 PM. Last day to hear Dispositive and Daubert Motions: 8/25/2022 01:00 PM. FTR Time: Recorded via Zoom. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/3/2020) 36 Filed & Entered: 06/11/2020 Letter Docket Text: Letter from Zircon Corporation & Stanley Black & Decker Inc. Regarding ADR. (Farooqui, Omair) (Filed on 6/11/2020) Modified on 6/12/2020 (jmlS, COURT STAFF). 37 Filed & Entered: 06/15/2020 Case Management Scheduling Order Docket Text: CASE MANAGEMENT SCHEDULING ORDER AND ORDER REFERRING CASE to Magistrate Judge Virginia K. DeMarchi for Settlement Conference which shall be completed by 12/17/2020. Tutorial Hearing set for 3/18/2021 01:00 PM.Claims Construction Hearing set for 3/25/2021 01:00 PM. Pretrial Conference set for 11/23/2022 03:00 PM; Jury Selection and Jury Trial (10 days) set for 12/5/2022 09:00 AM before Magistrate Judge Donna M. Ryu. See Order for all dates set by the court. Signed by Magistrate Judge Donna M. Ryu on 6/15/2020. (Attachments: # (1) Trial Exhibit Markers)(ig, COURT STAFF) (Filed on 6/15/2020) Filed & Entered: 06/16/2020 Case Referred to Magistrate Judge for Settlement Docket Text: CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Settlement (ahm, COURT STAFF) (Filed on 6/16/2020) 38 Filed & Entered: 06/29/2020 Clerk's Notice Docket Text: CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE. A Settlement Conference is hereby set for August 28, 2020 09:30 AM in San Jose, by Zoom, before Magistrate Judge Virginia K. DeMarchi. A Pre-Settlement Telephone Conference call with counsel only is set for August 24, 2020 10:00AM. The parties shall comply with Judge DeMarchi's Standing Order re Settlement Conference Procedures at http://www.cand.uscourts.gov/vkdorders, which includes instructions and deadlines for the submission of Settlement Conference Statements and Confidential Settlement Letters in advance of the conference.Zoom and Conference Call information will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) Settlement Conference set for 8/28/2020 09:30 AM. Telephone Conference set for 8/24/2020 10:00 AM before Magistrate Judge Virginia K. DeMarchi. (pmcS, COURT STAFF) (Filed on 6/29/2020) 39 Filed & Entered: 07/17/2020Terminated: 07/20/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER For Modifying Deadline For Plaintiff's Patent Local Rule 3-1 and 3-2 Disclosures filed by Zircon Corporation ad Stanley Black & Decker, Inc.. (Farooqui, Omair) (Filed on 7/17/2020) Modified on 7/20/2020 (jmlS, COURT STAFF). 40 Filed & Entered: 07/20/2020 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [39] Stipulation Modifying Deadline for Patent Local Rule 3-1 and 3-2 Disclosures. Signed on 7/20/2020.(dmrlc1, COURT STAFF) (Filed on 7/20/2020) 41 Filed & Entered: 08/28/2020 Settlement Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held by Zoom on 8/28/2020. Case did not settle. FTR Time: n/a. Plaintiff Attorney: : Omair Farooqui; representatives: Ronald Bourque, Robert Wyler. Defendant Attorney: Bryan Collins, Dianne Sweeney, Theresa Roozen; representative: Stephen Valancius. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 8/28/2020) 42 Filed & Entered: 09/13/2020Terminated: 10/05/2020 Motion to Stay Docket Text: MOTION to Stay the Proceedings in Light of Zircon's ITC filing filed by Stanley Black & Decker Inc.. Motion Hearing set for 10/22/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) 43 Filed & Entered: 09/13/2020Terminated: 09/24/2020 Motion to Shorten Time Docket Text: MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions filed by Stanley Black & Decker Inc.. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Exhibit B, # (4) Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) 44 Filed & Entered: 09/18/2020 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [43] MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions ) filed byZircon Corporation. (Farooqui, Omair) (Filed on 9/18/2020) 45 Filed & Entered: 09/24/2020 Order on Motion to Shorten Time Docket Text: Order by Magistrate Judge Donna M. Ryu denying [43] Motion to Shorten Time. Signed on 9/24/2020.(dmrlc1, COURT STAFF) (Filed on 9/24/2020) 46 Filed & Entered: 09/30/2020 Order Docket Text: ORDER re [42] MOTION to Stay the Proceedings filed by Stanley Black & Decker Inc.: Defendant filed a motion to stay the proceedings pending the outcome of Plaintiff's International Trade Commission ("ITC") filing. Under the Local Rules, any opposition or statement of non-opposition to the motion was due by 9/28/2020. While Plaintiff indicated in its response to Defendant's motion to shorten time that it does not oppose the motion after the ITC institutes an investigation, it did not file a response to the motion to stay. Therefore, the parties shall immediately meet and confer regarding the motion to stay, including addressing whether Defendant agrees to withdraw the motion to stay and the parties agree to stipulate to a stay of this action if the ITC accepts the claim for investigation. Defendant shall file a statement indicating whether it will withdraw the motion to stay by no later than 10/5/2020. Signed by Magistrate Judge Donna M. Ryu on 9/30/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 9/30/2020) 47 Filed & Entered: 10/02/2020 Statement Docket Text: Statement on Whether to Withdraw Motion to Stay re [46] Order,,,, by Stanley Black & Decker Inc.. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). 48 Filed & Entered: 10/02/2020Terminated: 10/05/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER to Stay the Case filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). 49 Filed & Entered: 10/05/2020 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [48] Stipulation to Stay the Case pending the ITC Proceeding. Signed on 10/5/2020.(dmrlc1, COURT STAFF) (Filed on 10/5/2020) 50 Filed & Entered: 03/01/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court Re ITC's Notice of Terminated ITC Proceedings and Expected Upcoming Appeal (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Sweeney, Dianne) (Filed on 3/1/2022) 51 Filed & Entered: 03/18/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court re ITC Commission Opinion (Attachments: # (1) Exhibit A)(Sweeney, Dianne) (Filed on 3/18/2022) 52 Filed & Entered: 04/20/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court (Sweeney, Dianne) (Filed on 4/20/2022) 53 Filed & Entered: 04/25/2022 Order Docket Text: ORDER re: [52] Notice filed by Stanley Black & Decker Inc.: The parties shall meet and confer regarding any continuance of the stay of this action. By no later than 4/29/2022, the parties shall file either a stipulation regarding the stay or a joint letter that does not exceed two pages setting forth their positions on the stay. Signed by Magistrate Judge Donna M. Ryu on 4/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 4/25/2022) 54 Filed & Entered: 04/29/2022Terminated: 05/02/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER TO CONTINUE TO STAY THE CASE filed by Zircon Corporation. (Farooqui, Omair) (Filed on 4/29/2022) 55 Filed & Entered: 05/02/2022 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [54] Stipulation to Continue to Stay the Case as modified. Signed on 5/2/2022.(dmrlc1, COURT STAFF) (Filed on 5/2/2022)
Dec 9, 2019 1 Complaint (Summons) (2)
Docket Text: COMPLAINT with jury demand against Stanley Black & Decker Inc. Filed by Zircon Corporation. (Filing fee paid of $400.00, Receipt No. 0971-13963759) (Attachments: # (1) Summons, # (2) Civil Cover Sheet)(Farooqui, Omair) (Filed on 12/9/2019) Modified on 12/10/2019 (bwS, COURT STAFF). Modified on 12/10/2019 (jmlS, COURT STAFF). 2 Filed: 12/09/2019 Entered: 12/10/2019 Case Assigned by Intake Docket Text: Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/23/2019. (bwS, COURT STAFF) (Filed on 12/9/2019) Filed & Entered: 12/10/2019 Electronic Filing Error Docket Text: Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet JS 44 (Rev. 28/19) used at case opening. Please complete and re-file as a s eparate docket entry current Civil Cover Sheet JS-CAND 44 (Rev. 07/19) re [1]. [2] Complaint, filed by Zircon Corporation (bwS, COURT STAFF) (Filed on 12/10/2019) Filed & Entered: 12/10/2019 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101] The correct event is Proposed Summons. The summons should NOT be filed as an attachment to the Complaint. The correct event can be found at Civil Events > Other Filings > Other Documents > Proposed Summons. Please re-file the SUMMONS ONLY in its entirety.Re:[1-1] Summons, filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 12/10/2019) 3 Filed & Entered: 12/10/2019 Initial Case Management Scheduling Order with ADR Deadlines Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/11/2020. Initial Case Management Conference set for 3/18/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 12/10/2019) 4 Filed & Entered: 12/10/2019 Patent/Trademark Report Docket Text: REPORT on the filing of an action regarding patent infringement (cc: form mailed to register). (jmlS, COURT STAFF) (Filed on 12/10/2019) 5 Filed & Entered: 12/31/2019 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/14/2020. (ig, COURT STAFF) (Filed on 12/31/2019) 6 Filed & Entered: 01/14/2020 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Zircon Corporation.. (Farooqui, Omair) (Filed on 1/14/2020) 7 Filed & Entered: 01/14/2020 Civil Cover Sheet Docket Text: Civil Cover Sheet by Zircon Corporation [CORRECTED]. (Farooqui, Omair) (Filed on 1/14/2020) 8 Filed & Entered: 01/14/2020 Proposed Summons Docket Text: Proposed Summons. (Farooqui, Omair) (Filed on 1/14/2020) 9 Filed & Entered: 01/15/2020 Summons Issued Docket Text: Summons Issued as to Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 1/15/2020) 10 Filed & Entered: 02/26/2020Terminated: 02/28/2020 Administrative Motion per Civil Local Rule 7-11 Docket Text: ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation. Responses due by 3/4/2020. (Farooqui, Omair) (Filed on 2/26/2020) Filed & Entered: 02/27/2020 Electronic Filing Error Docket Text: Electronic filing error. Judge initials are missing. Counsel need not re-file the document, but should reference the judge initials on future filings. Re:[10] ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 2/27/2020) 11 Filed & Entered: 02/28/2020 Order on Administrative Motion per Civil Local Rule 7-11 Docket Text: ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting [10] Administrative Motion to continue the Initial Case Management Conference and ADR Deadlines: Joint Case Management Statement due by 5/13/2020. Initial Case Management Conference continued to 5/20/2020 01:30 PM. Upont receipt of this Order, Plaintiff shall serve the Defendant with a copy of this Order and file a proof of service with the court. (ig, COURT STAFF) (Filed on 2/28/2020) 12 Filed & Entered: 03/04/2020 Amended Complaint Docket Text: AMENDED COMPLAINT (First) against All Defendants. Filed byZircon Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Farooqui, Omair) (Filed on 3/4/2020) 13 Filed & Entered: 03/13/2020 Certificate of Service Docket Text: CERTIFICATE OF SERVICE of First Amended Complaint and Case Management Conference Order on Stanley Black & Decker, Inc. by Zircon Corporation. (Farooqui, Omair) (Filed on 3/13/2020) Modified on 3/16/2020 (cjlS, COURT STAFF). Filed: 03/26/2020 Entered: 03/27/2020 Electronic Filing Error Docket Text: Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re:[16] Certificate of Interested Entities filed by Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 3/26/2020) 14 Filed & Entered: 03/26/2020 Stipulation Docket Text: STIPULATION re [12] Amended Complaint Extending Time to Answer or Otherwise Respond to Complaint filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 3/26/2020) Modified on 3/27/2020 (jmlS, COURT STAFF). 15 Filed & Entered: 03/26/2020 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) 16 Filed & Entered: 03/26/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) 17 Filed & Entered: 03/27/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Stanley Black & Decker Inc. identifying Other Affiliate Black & Decker (U.S.) Inc. for Stanley Black & Decker Inc.. re Electronic Filing Error, (Sweeney, Dianne) (Filed on 3/27/2020) 18 Filed & Entered: 03/27/2020 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/10/2020. (ig, COURT STAFF) (Filed on 3/27/2020) Filed: 03/30/2020 Entered: 03/31/2020 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101] The correct event is Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. The correct event can be found at: Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re:[19] Statement filed by Zircon Corporation, [20] Statement filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 3/30/2020) 19 Filed & Entered: 03/30/2020 Statement Docket Text: Statement Corporate Disclosure by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) 20 Filed & Entered: 03/30/2020 Statement Docket Text: Statement of Certification of Interested Parties Pursuant to L.R. 3-15 by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) 21 Filed & Entered: 03/31/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) 22 Filed & Entered: 03/31/2020 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) 23 Filed & Entered: 04/10/2020 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stanley Black & Decker Inc... (Sweeney, Dianne) (Filed on 4/10/2020) 24 Filed & Entered: 04/23/2020Terminated: 04/24/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER Resetting Initial Case Management Conference and Certain Deadlines) re [11] Order on Administrative Motion per Civil Local Rule 7-11, [14] Stipulation, filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 4/23/2020) Modified on 4/24/2020 (jmlS, COURT STAFF). 25 Filed & Entered: 04/24/2020 Order on Stipulation Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [24] Stipulation: Joint Case Management Statement due by 5/27/2020. Initial Case Management Conference continued to 6/3/2020 01:30 PM. (ig, COURT STAFF) (Filed on 4/24/2020) 26 Filed & Entered: 05/01/2020Terminated: 05/01/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429938.) filed by Stanley Black & Decker Inc.. (Attachments: # (1) Certificate of Good Standing)(Collins, Bryan) (Filed on 5/1/2020) 27 Filed & Entered: 05/01/2020Terminated: 05/01/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429986.) filed by Stanley Black & Decker Inc.. (Attachments: # (1) Certificate of Good Standing)(Roozen, Theresa) (Filed on 5/1/2020) 28 Filed: 05/01/2020 Entered: 05/03/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [26] Bryan P. Collins's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) 29 Filed: 05/01/2020 Entered: 05/03/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [27] Theresa Ann Roozen's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) 30 Filed & Entered: 05/08/2020 Answer to Amended Complaint Docket Text: ANSWER to Amended Complaint (Demand for Jury Trial) byStanley Black & Decker Inc.. (Collins, Bryan) (Filed on 5/8/2020) 31 Filed & Entered: 05/11/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Stanley Black & Decker, Inc. (Roozen, Theresa) (Filed on 5/11/2020) 32 Filed & Entered: 05/11/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options [Zircon Corporation] (Farooqui, Omair) (Filed on 5/11/2020) 33 Filed & Entered: 05/27/2020 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Zircon Corporation and Black & Decker, Inc.. (Farooqui, Omair) (Filed on 5/27/2020) Modified on 5/28/2020 (jmlS, COURT STAFF). 34 Filed & Entered: 06/01/2020 Clerk's Notice Setting Zoom Hearing. Docket Text: CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 6/3/2020 01:30 PM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to dmrcrd@cand.uscourts.gov by no later than 6/2/2020 09:00 AM.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://us02web.zoom.us/j/88174373749?pwd=Z0ZsalZpUm52V3M4cXNrUzBpY0ZMZz09Meeting ID: 881 7437 3749Password: 681510Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Initial Case Management Conference set for 6/3/2020 01:30 PM. (Related document(s) [25]) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 6/1/2020). 35 Filed: 06/03/2020 Entered: 06/04/2020 Terminate Hearings Docket Text: Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 6/3/2020. Updated Joint Case Management Statement due by 10/14/2020. Further Case Management Conference set for 10/21/2020 01:30 PM. Last day to hear Dispositive and Daubert Motions: 8/25/2022 01:00 PM. FTR Time: Recorded via Zoom. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/3/2020) 36 Filed & Entered: 06/11/2020 Letter Docket Text: Letter from Zircon Corporation & Stanley Black & Decker Inc. Regarding ADR. (Farooqui, Omair) (Filed on 6/11/2020) Modified on 6/12/2020 (jmlS, COURT STAFF). 37 Filed & Entered: 06/15/2020 Case Management Scheduling Order Docket Text: CASE MANAGEMENT SCHEDULING ORDER AND ORDER REFERRING CASE to Magistrate Judge Virginia K. DeMarchi for Settlement Conference which shall be completed by 12/17/2020. Tutorial Hearing set for 3/18/2021 01:00 PM.Claims Construction Hearing set for 3/25/2021 01:00 PM. Pretrial Conference set for 11/23/2022 03:00 PM; Jury Selection and Jury Trial (10 days) set for 12/5/2022 09:00 AM before Magistrate Judge Donna M. Ryu. See Order for all dates set by the court. Signed by Magistrate Judge Donna M. Ryu on 6/15/2020. (Attachments: # (1) Trial Exhibit Markers)(ig, COURT STAFF) (Filed on 6/15/2020) Filed & Entered: 06/16/2020 Case Referred to Magistrate Judge for Settlement Docket Text: CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Settlement (ahm, COURT STAFF) (Filed on 6/16/2020) 38 Filed & Entered: 06/29/2020 Clerk's Notice Docket Text: CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE. A Settlement Conference is hereby set for August 28, 2020 09:30 AM in San Jose, by Zoom, before Magistrate Judge Virginia K. DeMarchi. A Pre-Settlement Telephone Conference call with counsel only is set for August 24, 2020 10:00AM. The parties shall comply with Judge DeMarchi's Standing Order re Settlement Conference Procedures at http://www.cand.uscourts.gov/vkdorders, which includes instructions and deadlines for the submission of Settlement Conference Statements and Confidential Settlement Letters in advance of the conference.Zoom and Conference Call information will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) Settlement Conference set for 8/28/2020 09:30 AM. Telephone Conference set for 8/24/2020 10:00 AM before Magistrate Judge Virginia K. DeMarchi. (pmcS, COURT STAFF) (Filed on 6/29/2020) 39 Filed & Entered: 07/17/2020Terminated: 07/20/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER For Modifying Deadline For Plaintiff's Patent Local Rule 3-1 and 3-2 Disclosures filed by Zircon Corporation ad Stanley Black & Decker, Inc.. (Farooqui, Omair) (Filed on 7/17/2020) Modified on 7/20/2020 (jmlS, COURT STAFF). 40 Filed & Entered: 07/20/2020 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [39] Stipulation Modifying Deadline for Patent Local Rule 3-1 and 3-2 Disclosures. Signed on 7/20/2020.(dmrlc1, COURT STAFF) (Filed on 7/20/2020) 41 Filed & Entered: 08/28/2020 Settlement Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held by Zoom on 8/28/2020. Case did not settle. FTR Time: n/a. Plaintiff Attorney: : Omair Farooqui; representatives: Ronald Bourque, Robert Wyler. Defendant Attorney: Bryan Collins, Dianne Sweeney, Theresa Roozen; representative: Stephen Valancius. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 8/28/2020) 42 Filed & Entered: 09/13/2020Terminated: 10/05/2020 Motion to Stay Docket Text: MOTION to Stay the Proceedings in Light of Zircon's ITC filing filed by Stanley Black & Decker Inc.. Motion Hearing set for 10/22/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) 43 Filed & Entered: 09/13/2020Terminated: 09/24/2020 Motion to Shorten Time Docket Text: MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions filed by Stanley Black & Decker Inc.. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Exhibit B, # (4) Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) 44 Filed & Entered: 09/18/2020 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [43] MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions ) filed byZircon Corporation. (Farooqui, Omair) (Filed on 9/18/2020) 45 Filed & Entered: 09/24/2020 Order on Motion to Shorten Time Docket Text: Order by Magistrate Judge Donna M. Ryu denying [43] Motion to Shorten Time. Signed on 9/24/2020.(dmrlc1, COURT STAFF) (Filed on 9/24/2020) 46 Filed & Entered: 09/30/2020 Order Docket Text: ORDER re [42] MOTION to Stay the Proceedings filed by Stanley Black & Decker Inc.: Defendant filed a motion to stay the proceedings pending the outcome of Plaintiff's International Trade Commission ("ITC") filing. Under the Local Rules, any opposition or statement of non-opposition to the motion was due by 9/28/2020. While Plaintiff indicated in its response to Defendant's motion to shorten time that it does not oppose the motion after the ITC institutes an investigation, it did not file a response to the motion to stay. Therefore, the parties shall immediately meet and confer regarding the motion to stay, including addressing whether Defendant agrees to withdraw the motion to stay and the parties agree to stipulate to a stay of this action if the ITC accepts the claim for investigation. Defendant shall file a statement indicating whether it will withdraw the motion to stay by no later than 10/5/2020. Signed by Magistrate Judge Donna M. Ryu on 9/30/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 9/30/2020) 47 Filed & Entered: 10/02/2020 Statement Docket Text: Statement on Whether to Withdraw Motion to Stay re [46] Order,,,, by Stanley Black & Decker Inc.. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). 48 Filed & Entered: 10/02/2020Terminated: 10/05/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER to Stay the Case filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). 49 Filed & Entered: 10/05/2020 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [48] Stipulation to Stay the Case pending the ITC Proceeding. Signed on 10/5/2020.(dmrlc1, COURT STAFF) (Filed on 10/5/2020) 50 Filed & Entered: 03/01/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court Re ITC's Notice of Terminated ITC Proceedings and Expected Upcoming Appeal (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Sweeney, Dianne) (Filed on 3/1/2022) 51 Filed & Entered: 03/18/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court re ITC Commission Opinion (Attachments: # (1) Exhibit A)(Sweeney, Dianne) (Filed on 3/18/2022) 52 Filed & Entered: 04/20/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court (Sweeney, Dianne) (Filed on 4/20/2022) 53 Filed & Entered: 04/25/2022 Order Docket Text: ORDER re: [52] Notice filed by Stanley Black & Decker Inc.: The parties shall meet and confer regarding any continuance of the stay of this action. By no later than 4/29/2022, the parties shall file either a stipulation regarding the stay or a joint letter that does not exceed two pages setting forth their positions on the stay. Signed by Magistrate Judge Donna M. Ryu on 4/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 4/25/2022) 54 Filed & Entered: 04/29/2022Terminated: 05/02/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER TO CONTINUE TO STAY THE CASE filed by Zircon Corporation. (Farooqui, Omair) (Filed on 4/29/2022) 55 Filed & Entered: 05/02/2022 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [54] Stipulation to Continue to Stay the Case as modified. Signed on 5/2/2022.(dmrlc1, COURT STAFF) (Filed on 5/2/2022)
Dec 9, 2019 1 Complaint (Main Document) (30)
Docket Text: COMPLAINT with jury demand against Stanley Black & Decker Inc. Filed by Zircon Corporation. (Filing fee paid of $400.00, Receipt No. 0971-13963759) (Attachments: # (1) Summons, # (2) Civil Cover Sheet)(Farooqui, Omair) (Filed on 12/9/2019) Modified on 12/10/2019 (bwS, COURT STAFF). Modified on 12/10/2019 (jmlS, COURT STAFF). 2 Filed: 12/09/2019 Entered: 12/10/2019 Case Assigned by Intake Docket Text: Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/23/2019. (bwS, COURT STAFF) (Filed on 12/9/2019) Filed & Entered: 12/10/2019 Electronic Filing Error Docket Text: Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet JS 44 (Rev. 28/19) used at case opening. Please complete and re-file as a s eparate docket entry current Civil Cover Sheet JS-CAND 44 (Rev. 07/19) re [1]. [2] Complaint, filed by Zircon Corporation (bwS, COURT STAFF) (Filed on 12/10/2019) Filed & Entered: 12/10/2019 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101] The correct event is Proposed Summons. The summons should NOT be filed as an attachment to the Complaint. The correct event can be found at Civil Events > Other Filings > Other Documents > Proposed Summons. Please re-file the SUMMONS ONLY in its entirety.Re:[1-1] Summons, filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 12/10/2019) 3 Filed & Entered: 12/10/2019 Initial Case Management Scheduling Order with ADR Deadlines Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/11/2020. Initial Case Management Conference set for 3/18/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 12/10/2019) 4 Filed & Entered: 12/10/2019 Patent/Trademark Report Docket Text: REPORT on the filing of an action regarding patent infringement (cc: form mailed to register). (jmlS, COURT STAFF) (Filed on 12/10/2019) 5 Filed & Entered: 12/31/2019 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/14/2020. (ig, COURT STAFF) (Filed on 12/31/2019) 6 Filed & Entered: 01/14/2020 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Zircon Corporation.. (Farooqui, Omair) (Filed on 1/14/2020) 7 Filed & Entered: 01/14/2020 Civil Cover Sheet Docket Text: Civil Cover Sheet by Zircon Corporation [CORRECTED]. (Farooqui, Omair) (Filed on 1/14/2020) 8 Filed & Entered: 01/14/2020 Proposed Summons Docket Text: Proposed Summons. (Farooqui, Omair) (Filed on 1/14/2020) 9 Filed & Entered: 01/15/2020 Summons Issued Docket Text: Summons Issued as to Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 1/15/2020) 10 Filed & Entered: 02/26/2020Terminated: 02/28/2020 Administrative Motion per Civil Local Rule 7-11 Docket Text: ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation. Responses due by 3/4/2020. (Farooqui, Omair) (Filed on 2/26/2020) Filed & Entered: 02/27/2020 Electronic Filing Error Docket Text: Electronic filing error. Judge initials are missing. Counsel need not re-file the document, but should reference the judge initials on future filings. Re:[10] ADMINISTRATIVE MOTION Continuance of CMC & ADR Deadlines filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 2/27/2020) 11 Filed & Entered: 02/28/2020 Order on Administrative Motion per Civil Local Rule 7-11 Docket Text: ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting [10] Administrative Motion to continue the Initial Case Management Conference and ADR Deadlines: Joint Case Management Statement due by 5/13/2020. Initial Case Management Conference continued to 5/20/2020 01:30 PM. Upont receipt of this Order, Plaintiff shall serve the Defendant with a copy of this Order and file a proof of service with the court. (ig, COURT STAFF) (Filed on 2/28/2020) 12 Filed & Entered: 03/04/2020 Amended Complaint Docket Text: AMENDED COMPLAINT (First) against All Defendants. Filed byZircon Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Farooqui, Omair) (Filed on 3/4/2020) 13 Filed & Entered: 03/13/2020 Certificate of Service Docket Text: CERTIFICATE OF SERVICE of First Amended Complaint and Case Management Conference Order on Stanley Black & Decker, Inc. by Zircon Corporation. (Farooqui, Omair) (Filed on 3/13/2020) Modified on 3/16/2020 (cjlS, COURT STAFF). Filed: 03/26/2020 Entered: 03/27/2020 Electronic Filing Error Docket Text: Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re:[16] Certificate of Interested Entities filed by Stanley Black & Decker Inc. (jmlS, COURT STAFF) (Filed on 3/26/2020) 14 Filed & Entered: 03/26/2020 Stipulation Docket Text: STIPULATION re [12] Amended Complaint Extending Time to Answer or Otherwise Respond to Complaint filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 3/26/2020) Modified on 3/27/2020 (jmlS, COURT STAFF). 15 Filed & Entered: 03/26/2020 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) 16 Filed & Entered: 03/26/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Stanley Black & Decker Inc. (Sweeney, Dianne) (Filed on 3/26/2020) 17 Filed & Entered: 03/27/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Stanley Black & Decker Inc. identifying Other Affiliate Black & Decker (U.S.) Inc. for Stanley Black & Decker Inc.. re Electronic Filing Error, (Sweeney, Dianne) (Filed on 3/27/2020) 18 Filed & Entered: 03/27/2020 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/10/2020. (ig, COURT STAFF) (Filed on 3/27/2020) Filed: 03/30/2020 Entered: 03/31/2020 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101] The correct event is Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. The correct event can be found at: Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re:[19] Statement filed by Zircon Corporation, [20] Statement filed by Zircon Corporation (jmlS, COURT STAFF) (Filed on 3/30/2020) 19 Filed & Entered: 03/30/2020 Statement Docket Text: Statement Corporate Disclosure by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) 20 Filed & Entered: 03/30/2020 Statement Docket Text: Statement of Certification of Interested Parties Pursuant to L.R. 3-15 by Zircon Corporation. (Farooqui, Omair) (Filed on 3/30/2020) 21 Filed & Entered: 03/31/2020 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) 22 Filed & Entered: 03/31/2020 Certificate of Interested Entities Docket Text: Corporate Disclosure Statement by Zircon Corporation (Farooqui, Omair) (Filed on 3/31/2020) 23 Filed & Entered: 04/10/2020 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Stanley Black & Decker Inc... (Sweeney, Dianne) (Filed on 4/10/2020) 24 Filed & Entered: 04/23/2020Terminated: 04/24/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER Resetting Initial Case Management Conference and Certain Deadlines) re [11] Order on Administrative Motion per Civil Local Rule 7-11, [14] Stipulation, filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 4/23/2020) Modified on 4/24/2020 (jmlS, COURT STAFF). 25 Filed & Entered: 04/24/2020 Order on Stipulation Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [24] Stipulation: Joint Case Management Statement due by 5/27/2020. Initial Case Management Conference continued to 6/3/2020 01:30 PM. (ig, COURT STAFF) (Filed on 4/24/2020) 26 Filed & Entered: 05/01/2020Terminated: 05/01/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429938.) filed by Stanley Black & Decker Inc.. (Attachments: # (1) Certificate of Good Standing)(Collins, Bryan) (Filed on 5/1/2020) 27 Filed & Entered: 05/01/2020Terminated: 05/01/2020 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14429986.) filed by Stanley Black & Decker Inc.. (Attachments: # (1) Certificate of Good Standing)(Roozen, Theresa) (Filed on 5/1/2020) 28 Filed: 05/01/2020 Entered: 05/03/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [26] Bryan P. Collins's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) 29 Filed: 05/01/2020 Entered: 05/03/2020 Order on Motion for Pro Hac Vice Docket Text: ORDER by Magistrate Judge Donna M. Ryu granting [27] Theresa Ann Roozen's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 5/1/2020) 30 Filed & Entered: 05/08/2020 Answer to Amended Complaint Docket Text: ANSWER to Amended Complaint (Demand for Jury Trial) byStanley Black & Decker Inc.. (Collins, Bryan) (Filed on 5/8/2020) 31 Filed & Entered: 05/11/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Stanley Black & Decker, Inc. (Roozen, Theresa) (Filed on 5/11/2020) 32 Filed & Entered: 05/11/2020 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options [Zircon Corporation] (Farooqui, Omair) (Filed on 5/11/2020) 33 Filed & Entered: 05/27/2020 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Zircon Corporation and Black & Decker, Inc.. (Farooqui, Omair) (Filed on 5/27/2020) Modified on 5/28/2020 (jmlS, COURT STAFF). 34 Filed & Entered: 06/01/2020 Clerk's Notice Setting Zoom Hearing. Docket Text: CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 6/3/2020 01:30 PM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to dmrcrd@cand.uscourts.gov by no later than 6/2/2020 09:00 AM.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://us02web.zoom.us/j/88174373749?pwd=Z0ZsalZpUm52V3M4cXNrUzBpY0ZMZz09Meeting ID: 881 7437 3749Password: 681510Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Initial Case Management Conference set for 6/3/2020 01:30 PM. (Related document(s) [25]) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 6/1/2020). 35 Filed: 06/03/2020 Entered: 06/04/2020 Terminate Hearings Docket Text: Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 6/3/2020. Updated Joint Case Management Statement due by 10/14/2020. Further Case Management Conference set for 10/21/2020 01:30 PM. Last day to hear Dispositive and Daubert Motions: 8/25/2022 01:00 PM. FTR Time: Recorded via Zoom. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/3/2020) 36 Filed & Entered: 06/11/2020 Letter Docket Text: Letter from Zircon Corporation & Stanley Black & Decker Inc. Regarding ADR. (Farooqui, Omair) (Filed on 6/11/2020) Modified on 6/12/2020 (jmlS, COURT STAFF). 37 Filed & Entered: 06/15/2020 Case Management Scheduling Order Docket Text: CASE MANAGEMENT SCHEDULING ORDER AND ORDER REFERRING CASE to Magistrate Judge Virginia K. DeMarchi for Settlement Conference which shall be completed by 12/17/2020. Tutorial Hearing set for 3/18/2021 01:00 PM.Claims Construction Hearing set for 3/25/2021 01:00 PM. Pretrial Conference set for 11/23/2022 03:00 PM; Jury Selection and Jury Trial (10 days) set for 12/5/2022 09:00 AM before Magistrate Judge Donna M. Ryu. See Order for all dates set by the court. Signed by Magistrate Judge Donna M. Ryu on 6/15/2020. (Attachments: # (1) Trial Exhibit Markers)(ig, COURT STAFF) (Filed on 6/15/2020) Filed & Entered: 06/16/2020 Case Referred to Magistrate Judge for Settlement Docket Text: CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Settlement (ahm, COURT STAFF) (Filed on 6/16/2020) 38 Filed & Entered: 06/29/2020 Clerk's Notice Docket Text: CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE. A Settlement Conference is hereby set for August 28, 2020 09:30 AM in San Jose, by Zoom, before Magistrate Judge Virginia K. DeMarchi. A Pre-Settlement Telephone Conference call with counsel only is set for August 24, 2020 10:00AM. The parties shall comply with Judge DeMarchi's Standing Order re Settlement Conference Procedures at http://www.cand.uscourts.gov/vkdorders, which includes instructions and deadlines for the submission of Settlement Conference Statements and Confidential Settlement Letters in advance of the conference.Zoom and Conference Call information will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) Settlement Conference set for 8/28/2020 09:30 AM. Telephone Conference set for 8/24/2020 10:00 AM before Magistrate Judge Virginia K. DeMarchi. (pmcS, COURT STAFF) (Filed on 6/29/2020) 39 Filed & Entered: 07/17/2020Terminated: 07/20/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER For Modifying Deadline For Plaintiff's Patent Local Rule 3-1 and 3-2 Disclosures filed by Zircon Corporation ad Stanley Black & Decker, Inc.. (Farooqui, Omair) (Filed on 7/17/2020) Modified on 7/20/2020 (jmlS, COURT STAFF). 40 Filed & Entered: 07/20/2020 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [39] Stipulation Modifying Deadline for Patent Local Rule 3-1 and 3-2 Disclosures. Signed on 7/20/2020.(dmrlc1, COURT STAFF) (Filed on 7/20/2020) 41 Filed & Entered: 08/28/2020 Settlement Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held by Zoom on 8/28/2020. Case did not settle. FTR Time: n/a. Plaintiff Attorney: : Omair Farooqui; representatives: Ronald Bourque, Robert Wyler. Defendant Attorney: Bryan Collins, Dianne Sweeney, Theresa Roozen; representative: Stephen Valancius. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 8/28/2020) 42 Filed & Entered: 09/13/2020Terminated: 10/05/2020 Motion to Stay Docket Text: MOTION to Stay the Proceedings in Light of Zircon's ITC filing filed by Stanley Black & Decker Inc.. Motion Hearing set for 10/22/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) 43 Filed & Entered: 09/13/2020Terminated: 09/24/2020 Motion to Shorten Time Docket Text: MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions filed by Stanley Black & Decker Inc.. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Exhibit B, # (4) Proposed Order)(Sweeney, Dianne) (Filed on 9/13/2020) 44 Filed & Entered: 09/18/2020 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [43] MOTION to Shorten Time on Briefing and Hearing re Motion to Stay and Extend Time to Serve Invalidity Contentions ) filed byZircon Corporation. (Farooqui, Omair) (Filed on 9/18/2020) 45 Filed & Entered: 09/24/2020 Order on Motion to Shorten Time Docket Text: Order by Magistrate Judge Donna M. Ryu denying [43] Motion to Shorten Time. Signed on 9/24/2020.(dmrlc1, COURT STAFF) (Filed on 9/24/2020) 46 Filed & Entered: 09/30/2020 Order Docket Text: ORDER re [42] MOTION to Stay the Proceedings filed by Stanley Black & Decker Inc.: Defendant filed a motion to stay the proceedings pending the outcome of Plaintiff's International Trade Commission ("ITC") filing. Under the Local Rules, any opposition or statement of non-opposition to the motion was due by 9/28/2020. While Plaintiff indicated in its response to Defendant's motion to shorten time that it does not oppose the motion after the ITC institutes an investigation, it did not file a response to the motion to stay. Therefore, the parties shall immediately meet and confer regarding the motion to stay, including addressing whether Defendant agrees to withdraw the motion to stay and the parties agree to stipulate to a stay of this action if the ITC accepts the claim for investigation. Defendant shall file a statement indicating whether it will withdraw the motion to stay by no later than 10/5/2020. Signed by Magistrate Judge Donna M. Ryu on 9/30/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 9/30/2020) 47 Filed & Entered: 10/02/2020 Statement Docket Text: Statement on Whether to Withdraw Motion to Stay re [46] Order,,,, by Stanley Black & Decker Inc.. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). 48 Filed & Entered: 10/02/2020Terminated: 10/05/2020 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER to Stay the Case filed by Stanley Black & Decker Inc. and Zircon Corporation. (Sweeney, Dianne) (Filed on 10/2/2020) Modified on 10/5/2020 (jmlS, COURT STAFF). 49 Filed & Entered: 10/05/2020 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [48] Stipulation to Stay the Case pending the ITC Proceeding. Signed on 10/5/2020.(dmrlc1, COURT STAFF) (Filed on 10/5/2020) 50 Filed & Entered: 03/01/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court Re ITC's Notice of Terminated ITC Proceedings and Expected Upcoming Appeal (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Sweeney, Dianne) (Filed on 3/1/2022) 51 Filed & Entered: 03/18/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court re ITC Commission Opinion (Attachments: # (1) Exhibit A)(Sweeney, Dianne) (Filed on 3/18/2022) 52 Filed & Entered: 04/20/2022 Notice (Other) Docket Text: NOTICE by Stanley Black & Decker Inc. - Joint Update to the Court (Sweeney, Dianne) (Filed on 4/20/2022) 53 Filed & Entered: 04/25/2022 Order Docket Text: ORDER re: [52] Notice filed by Stanley Black & Decker Inc.: The parties shall meet and confer regarding any continuance of the stay of this action. By no later than 4/29/2022, the parties shall file either a stipulation regarding the stay or a joint letter that does not exceed two pages setting forth their positions on the stay. Signed by Magistrate Judge Donna M. Ryu on 4/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 4/25/2022) 54 Filed & Entered: 04/29/2022Terminated: 05/02/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER TO CONTINUE TO STAY THE CASE filed by Zircon Corporation. (Farooqui, Omair) (Filed on 4/29/2022) 55 Filed & Entered: 05/02/2022 Order on Stipulation Docket Text: Order by Magistrate Judge Donna M. Ryu granting [54] Stipulation to Continue to Stay the Case as modified. Signed on 5/2/2022.(dmrlc1, COURT STAFF) (Filed on 5/2/2022)
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