Case number 1:19-cv-12125
iRobot Corporation v. SharkNinja Operating LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 14, 2023 | 185 | Judge Allison D. Burroughs: ORDER entered APPROVING 184 Proposed Scheduling Order.(Folan, Karen) (Entered: 08/14/2023) (3) |
| Aug 14, 2023 | 186 | ELECTRONIC NOTICE of Hearing. Status Conference set for 3/13/2024 09:15 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 08/14/2023) (0) |
| Aug 11, 2023 | 184 | JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit A - Proposed First Amended Scheduling Order)(McEldowney, Sean) (Entered: 08/11/2023) (0) |
| Aug 1, 2023 | 183 | Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall file a joint proposed schedule for the remaining false advertising claim by 8/11/2023 and indicate whether they object to the court setting a schedule on the written submission. (McManus, Caetlin) (Entered: 08/01/2023) (0) |
| Jul 28, 2023 | 182 | STATUS REPORT [JOINT] by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company. (Lipton, Alissa) (Entered: 07/28/2023) (4) |
| Jul 14, 2023 | 181 | Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall file a joint status report by July 28, 2023 to advise the Court of the status of the case. Associated Cases: 1:19-cv-12125-ADB, 1:19-cv-12236-ADB (McManus, Caetlin) (Entered: 07/14/2023) (0) |
| Feb 16, 2023 | 180 | NOTICE of Withdrawal of Appearance by Alissa K. Lipton of Pro Hac Vice Counsel Doris Johnson Hines (Lipton, Alissa) (Entered: 02/16/2023) (2) |
| Jun 1, 2021 | 179 | Notice of Withdrawal of Appearance (3) Docket Text: NOTICE of Withdrawal of Appearance by Anders P. Fjellstedt (Withdrawal of James Lomeo) (Fjellstedt, Anders) |
| Jan 27, 2021 | N/A | Notice Cancelling Hearing (0) Docket Text: ELECTRONIC NOTICE Canceling Status conference originally set for 2/4/21. Associated Cases: 1:19-cv-12125-ADB, 1:19-cv-12236-ADB(Folan, Karen) |
| Jan 22, 2021 | 177 | Order on Motion to Stay (1) Docket Text: Judge Allison D. Burroughs: ORDER entered Counts II and III of iRobot's Second Amended Complaint (D.I. 84), which allege Defendants' infringement of U.S. Patent Nos. 9,492,048 (the " '048 patent") and 8,950,038 (the " '038 patent") are dismissed with prejudice. This case is stayed and all deadlines and proceedings are suspended until any one of U.S. Patent Nos. 9,550,294, 10,045,676 or 8,418,303 concludes its respective Inter Partes Review (including any associated appeals) with patent claims asserted in the present litigation surviving such concluded Inter Partes Review, or until further order of the Court. SO ORDERED. (McDonagh, Christina) |
| Jan 14, 2021 | 173 | Memorandum & ORDER (30) Docket Text: Judge Allison D. Burroughs: MEMORANDUM AND ORDER on Claim Construction entered. (McDonagh, Christina) |
| Jan 14, 2021 | N/A | Order on Motion to Stay (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. SharkNinja's motion for stay pending IPR, [ECF No. [13]9], is DENIED. The Court has the inherent power to manage its docket by staying proceedings, including pending IPR. Landis v. N. Am. Co., 299 U.S. 248, 25455 (1936); Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1426-27 (Fed. Cir. 1988). The decision to grant a stay is discretionary. ACQIS, LLC v. EMC Corp., 109 F. Supp. 3d 352, 356 (D. Mass. 2015). Courts consider three factors, looking at the totality of the circumstances, to determine whether a stay is appropriate: "(1) the stage of the litigation, including whether discovery is complete and a trial date has been set; (2) whether a stay will simplify the issues in question and the trial of the case; and (3) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving party." Id. (quoting SurfCast, Inc. v. Microsoft Corp., No. 12-cv-00333, 2014 WL 6388489, at *1 (D. Me. Nov. 14, 2014)). With regard to the first two factors, given the advanced status of this litigation (the Court has recently issued its order on claim construction after a Markman hearing) and the fact that iRobot's claims are not limited to patent disputes, the Court finds that staying the case pending resolution of SharkNinja's recently filed IPRs is unlikely to result in efficiencies by simplifying issues. As to the third factor, although the parties are direct competitors, iRobot would be able to seek the same relief after a stay, rendering the third factor neutral. See Teva Pharm. Int'l GMBH v. Eli Lilly & Co., No. 18-cv-12029, 2019 U.S. Dist. LEXIS 67575, at *18-19 (D. Mass. Apr. 22, 2019). Viewing the totality of the circumstances, the Court finds that a stay is not warranted in this case. (McDonagh, Christina) |
| Jan 14, 2021 | N/A | Notice of Hearing (0) Docket Text: ELECTRONIC NOTICE of Hearing. Status Conference set for 2/4/2021 10:00 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Dec 10, 2020 | 168 | Letter/request (non-motion) (7) Docket Text: Letter of request from Honorable Allison D. Burroughs for international judicial assistance. (adminn, ) |
| Dec 9, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [162] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Dec 9, 2020 | 169 | Transcript (63) Docket Text: Transcript of Motion Hearing held on December 4, 2020, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com. Redaction Request due 12/30/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/9/2021. (Coppola, Katelyn) |
| Dec 9, 2020 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Dec 8, 2020 | 162 | Motion to Seal (3) Docket Text: MOTION to Seal by iRobot Corporation.(Fjellstedt, Anders) |
| Dec 8, 2020 | 163 | Letter/request (non-motion) (5) Docket Text: Letter/request (non-motion) from Doris Johnson Hines re supplemental memoranda on git repository issue. (Hines, Doris) |
| Dec 4, 2020 | N/A | Order on Motion to Compel (0) Docket Text: Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held via video on 12/4/2020 re [131] MOTION to Compel filed by iRobot Corporation, [117] MOTION to Compel filed by iRobot Corporation, [123] MOTION for Issuance of Letters Rogatory filed by iRobot Corporation. Regarding #[117], iRobot's motion to compel. The court hears argument from the parties. The motion is allowed in part and denied in part. Rule 30(b)(1) fact depositions of Ms. Sutter and Mr. Richardson will proceed within the next two weeks if possible, or if not, as soon as possible after that. SharkNinja and iRobot will confer regarding individual drawings of modified products and what further information iRobot requires concerning the drawings. With regard to the sales of modified products, SharkNinja will provide whatever information it has about the production and sales of modified products as requested by iRobot. Concerning the git repository issue, the court takes this issue under advisement. If the parties wish to file any supplemental memoranda concerning this issue in light of what was said at the argument today, they may do so no later than Tuesday, December 8.Regarding #[123], iRobot's motion for letters rogatory, after hearing argument from the parties, the court allows the motion. iRobot will make the changes as ordered at the hearing to the Letter of Request to the Ontario Superior Court of Justice, will re-submit a proposed letter, and the court will review it and allow it.Regarding #[131], iRobot's motion to compel, electronic discovery concerning the four custodians in issue, the motion is denied without prejudice and the court orders the parties to further confer about this issue. If the parties cannot reach agreement they may notify the court by December 15, 2020, by memoranda filed on the docket, and the court will reconsider the issues raised. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Anders P. Fjellstedt, C. Alex Shank, Gregg F Locascio, Peter E. Gelhaar for plaintiff and Brian A. Rosenthal, Doris Johnson Hines, Alissa K. Lipton for defendants) (Belmont, Kellyann) |
| Nov 23, 2020 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [149] Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Nov 19, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [157] Motion to Seal. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Nov 18, 2020 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [153] Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Nov 18, 2020 | N/A | Notice of Hearing on Motion (0) Docket Text: ELECTRONIC NOTICE Setting Hearing on Motion [131] MOTION to Compel , [123] MOTION for Issuance of Letters Rogatory , [117] MOTION to Compel : Motion Hearing set for 12/4/2020 12:00 PM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Nov 18, 2020 | 157 | Motion to Seal (3) Docket Text: MOTION to Seal regarding D.I. 156 by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Hines, Doris) |
| Nov 6, 2020 | 151 | Motion to Seal (4) Docket Text: MOTION to Seal by iRobot Corporation.(Fjellstedt, Anders) |
| Nov 6, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [151] Motion to Seal. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McDonagh, Christina) |
| Oct 26, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [144] Motion for Extension of Time (Folan, Karen) |
| Oct 16, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [141] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Oct 15, 2020 | 139 | Motion to Stay (3) Docket Text: MOTION to Stay Case Pending IPR by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Hines, Doris) |
| Oct 15, 2020 | 141 | Motion to Seal (6) Docket Text: MOTION to Seal regarding D.I. 140 by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Hines, Doris) |
| Oct 13, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [136] Plaintiff iRobot Corporation's Motion for Impoundment of Confidential Information. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Oct 9, 2020 | N/A | Order Referring Motion (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. REFERRING MOTION [131] MOTION to Compel filed by iRobot Corporation to Chief Magistrate Judge Kelley(Folan, Karen) Motions referred to M. Page Kelley. |
| Oct 9, 2020 | N/A | Order on Motion for Leave to File (0) Docket Text: Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [133] Plaintiff iRobot Corporation's Motion for Leave to File a Reply; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Oct 9, 2020 | 136 | Motion to Seal (5) Docket Text: MOTION to Seal by iRobot Corporation.(Fjellstedt, Anders) |
| Oct 8, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [126] Sharkninja's Unopposed Motion to File under Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Oct 8, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [128] Plaintiff iRobot Corporation's Motion for Impoundment, which is unopposed. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Oct 7, 2020 | 128 | Motion to Seal (5) Docket Text: MOTION to Seal by iRobot Corporation.(Fjellstedt, Anders) |
| Oct 5, 2020 | N/A | Notice requesting courtesy copy (0) Docket Text: ELECTRONIC NOTICE issued requesting courtesy copies of [117] and attached exhibits, [118] and attached exhibits, and [125] and attached exhibits. Counsel who filed these documents are requested to submit courtesy copies of these documents to the Clerk's Office by October 9, 2020. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (MacDougall, Patricia) |
| Oct 2, 2020 | 126 | Motion to Seal (4) Docket Text: MOTION to Seal regarding D.I. 125 by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Hines, Doris) |
| Sep 25, 2020 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge M. Page Kelley Referred for: Events Only (e). Motions referred: [117] MOTION to Compel , [123] MOTION for Issuance of Letters Rogatory . (Folan, Karen) Motions referred to M. Page Kelley. |
| Sep 11, 2020 | 122 | Redacted Document (8) Docket Text: REDACTION to[118] Response to Motion,,,, Exhibit 19 bySharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company. (Hines, Doris) |
| Sep 10, 2020 | 121 | Reply to Response to Motion (3) Docket Text: REPLY to Response to [117] MOTION to Compel filed by iRobot Corporation. (Fjellstedt, Anders) |
| Sep 9, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [119] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Sep 8, 2020 | 119 | Motion to Seal (5) Docket Text: MOTION to Seal regarding D.I. 118 by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Hines, Doris) |
| Sep 1, 2020 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant's response to Plaintiff's letter/request is due on September 8, 2020. (McDonagh, Christina) |
| Aug 31, 2020 | 115 | Letter/request (non-motion) (1) Docket Text: Response Letter/request (non-motion) from Dori Hines . (Hines, Doris) |
| Aug 27, 2020 | 113 | Motion to Seal (3) Docket Text: MOTION to Seal by iRobot Corporation.(Fjellstedt, Anders) |
| Aug 27, 2020 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [113] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Aug 6, 2020 | N/A | Markman Hearing (0) Docket Text: Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Markman Hearing held on 8/6/2020. Oral arguments by the parties. Court takes matter under advisement. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Jul 31, 2020 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has reviewed the parties' contentions regarding iRobot's submission of a technology tutorial. [ECF Nos. [105], [107], [108]]. While the Local Rules do require leave of Court before parties may submit tutorials, such permission was conferred through the scheduling order. See [ECF No. [95]]. If there was confusion on the part of Shark, it should have raised the issue in a more timely fashion. Further, Shark could have acted more cooperatively to arrive at a tutorial that it did not find to be overly argumentative. Nonetheless, to ensure a fair process, the Court will give both parties until August 10, 2020 to submit tutorials for the Court's review. Shark may submit its own tutorial, while iRobot may make adjustments, if any, to theirs. The Court will wait until that deadline, after the Markman hearing, to review the parties' tutorials unless Shark indicates to the Court their intent not to submit any tutorials and iRobot elects not to amend its current submission. To the extent Shark feels constrained by this deadline, the Court reiterates that Shark could have raised its objections to iRobot's submission or sought the Court's guidance in determining whether submission was proper over a week ago, when iRobot docketed its tutorial. (McDonagh, Christina) |
| Jul 30, 2020 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant's petition to increase the number of claim terms for construction from 10 to 12 as provided under Local Rule 16.6(e)(1)(C), [ECF No. [96]], is GRANTED. Given the complexity of the patented technology and the number of asserted claims and patents, Defendant has shown good cause for the increase.(McDonagh, Christina) |
| Jul 30, 2020 | 108 | Response (3) Docket Text: Response by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company to [107] Response, [105] Letter/request (non-motion) . (Lipton, Alissa) |
| Jul 29, 2020 | 105 | Letter/request (non-motion) (4) Docket Text: Letter/request (non-motion) from Alissa K. Lipton regarding iRobot's Technology Tutorial. (Lipton, Alissa) |
| Jul 23, 2020 | N/A | Notice requesting courtesy copy (0) Docket Text: ELECTRONIC NOTICE issued requesting TWO courtesy copies of each for [102] Reply to Preliminary Claim Construction Briefs, [97] Markman Brief, [98] Preliminary Claim Construction Briefs, [101] Markman Brief, [96] Joint Claim Construction and Prehearing Statement. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 7/28/2020. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (McDonagh, Christina) |
| Jun 1, 2020 | N/A | Notice of Duplicate Filing Fee and Credit for Refund (0) Docket Text: ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $300.00 paid on 05/29/2020, receipt number 0101-8261626. (Tran, Henry) |
| May 29, 2020 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [99] Motion for Leave to Appear Pro Hac Vice Added Brian Andrea, Wendy W. Cai and Kyanna Sabanoglu. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Apr 30, 2020 | 96 | Joint Claim Construction and Prehearing Statement (10) Docket Text: Joint Claim Construction and Prehearing Statement by iRobot Corporation. (Fjellstedt, Anders) |
| Jan 27, 2020 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING in part Plaintiff's motion for scheduling order or scheduling conference, [ECF No. [85]]. The parties' joint proposed Scheduling Order, Protective Order, and ESI Order [ECF No. [94]] are APPROVED. (Pacho, Arnold) |
| Jan 23, 2020 | 92 | Transcript (25) Docket Text: Transcript of Scheduling Conference held on January 16, 2020, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/13/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/22/2020. (Scalfani, Deborah) |
| Jan 23, 2020 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Jan 16, 2020 | N/A | Scheduling Conference (0) Docket Text: Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Scheduling Conference held on 1/16/2020, ( Markman Hearing set for 8/5/2020 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs with a backup date of 8/12/20) (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Fjellstedt, Locascio, Donnelly, McCammon, Rosenthal, Lipton) (Folan, Karen) |
| Jan 6, 2020 | 89 | Notice of Scheduling Conference (1) Docket Text: NOTICE of Scheduling Conference Scheduling Conference set for 1/16/2020 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Dec 11, 2019 | 87 | Answer to Amended Complaint (18) Docket Text: ANSWER to [84] Amended Complaint,, by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Lipton, Alissa) |
| Dec 9, 2019 | 84 | Amended Complaint* (1) |
| Dec 9, 2019 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [80] Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Dec 9, 2019 | N/A | Order on Motion to Dismiss (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [81] Motion for Partial Voluntary Dismissal Re: '586 Patent (Folan, Karen) |
| Dec 9, 2019 | 85 | Motion for Miscellaneous Relief (11) Docket Text: MOTION Entry of Scheduling Order by iRobot Corporation.(Madden, Timothy) (Main Document 85 replaced on 12/10/2019) (McDonagh, Christina). |
| Dec 6, 2019 | 81 | Motion to Dismiss (3) Docket Text: MOTION to Dismiss Partial Voluntary Dismissal Re: '586 Patent by iRobot Corporation.(Madden, Timothy) |
| Nov 27, 2019 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: AMENDED ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on Plaintiff's motion for preliminary injunction [ECF No. 2 ] under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than,December 6, 2019, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket.(Folan, Karen) |
| Nov 26, 2019 | 77 | Order (16) Docket Text: Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. iRobot's motion for a preliminary injunction [ECF No. [2]] is DENIED. SO ORDERED. (McDonagh, Christina) |
| Nov 26, 2019 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on Plaintiff's motion for preliminary injunction [ECF No. [2]] under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than December 13, 2019, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket.(McDonagh, Christina) |
| Nov 20, 2019 | 75 | Transcript (126) Docket Text: Transcript of Hearing held on November 13, 2019, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kathleen Silva at kathysilva@verizon.net Redaction Request due 12/11/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/18/2020. (Scalfani, Deborah) |
| Nov 20, 2019 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Nov 13, 2019 | N/A | Hearing (Other) (0) Docket Text: Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Hearing held on 11/13/2019. Colloquy re: motion for preliminary injunction. Oral arguments by the parties. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Fjellstedt, Locascio, McCue, Shank, Gelhaar, Arner, Hines, Lyon, McCammon, Rosenthal, Lipton) (Folan, Karen) |
| Nov 12, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [68] Motion for Leave to Appear Pro Hac Vice Added Kathleen A. Daley and Jaysen S. Chung. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Nov 12, 2019 | N/A | Order on Motion to Compel (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. SharkNinja seeks to re-depose iRobot's expert, Dr. Charles Reinholtz, on the opinions expressed in his reply expert report [ECF No. [69]] on the ground that the report contains "new infringement and validity opinions." [ECF No. [70] at 2]. Although new opinions may be a basis for reopening an expert deposition following a rebuttal report, SharkNinja has not established that the opinions expressed in Dr. Reinholtz's reply report are in fact new or that they were not already the subject of Dr. Reinholtz's deposition. See Presidio Components, Inc. v. Am. Tech. Ceramics Corp., No. 08-cv-00335, 2009 WL 861733, at *5 (S.D. Cal. Mar. 25, 2009) (finding no good cause for second deposition of expert following submission of rebuttal report that "addresse[d] the '356 patentthe same subject about which he gave a declaration and deposition previously); see also Bentley v. Highlands Hosp. Corp., No. 7:15-CV-97-ART-EBA, 2016 WL 7976041, at *1 (E.D. Ky. June 23, 2016) (noting that a second deposition of a previously deposed witness who was later designated as an expert was "presumptively duplicative... where Plaintiff has not identified any specific fact or opinion in [the expert's] subsequent disclosure which remains uncovered or was not addressed during his deposition"). Similarly, SharkNinja's vague and generic assertion that the reply expert report contains "new infringement and validity opinions" is also not grounds for striking the report. [ECF No. [70] at 4]. Accordingly, SharkNinja's motion to compel [ECF No. [70]] is DENIED without prejudice. (McDonagh, Christina) |
| Nov 8, 2019 | 67 | Amended Complaint* (1) |
| Nov 8, 2019 | 63 | Motion to Seal (3) Docket Text: MOTION to Seal Exhibits 1 and 2 to Reply in Support of Plaintiff's Motion for Preliminary Injunction by iRobot Corporation.(Madden, Timothy) |
| Nov 8, 2019 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [63] Motion to Seal (Folan, Karen) |
| Nov 8, 2019 | 65 | Reply to Response to Motion (16) Docket Text: REPLY to Response to [2] MOTION for Preliminary Injunction filed by iRobot Corporation. (Madden, Timothy) |
| Nov 5, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [59] Motion for Leave to Appear Pro Hac Vice Added Robin McCue and C. Alex Shank. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Nov 5, 2019 | 61 | Motion for Leave to Appear Pro Hac Vice (9) Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Sean McEldowney, James Lomeo Filing fee: $ 200, receipt number 0101-7956946 by iRobot Corporation.(Madden, Timothy) |
| Nov 5, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [61] Motion for Leave to Appear Pro Hac Vice Added Sean M. McEldowney and James John Lomeo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Nov 4, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [55] Motion for Leave to Appear Pro Hac Vice Added Luke J. McCammon and Daniel C. Tucker. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Nov 4, 2019 | N/A | Order on Motion for Extension of Time to Answer (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [46] Motion for Extension of Time to Answer (Folan, Karen) |
| Nov 4, 2019 | N/A | Order on Motion to Seal (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [54] Motion to Seal (Folan, Karen) |
| Nov 1, 2019 | 46 | Motion for Extension of Time to File Answer (4) Docket Text: Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by iRobot Corporation.(Madden, Timothy) |
| Nov 1, 2019 | 47 | Corporate Disclosure Statement (3) Docket Text: CORPORATE DISCLOSURE STATEMENT by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company identifying Corporate Parent EP Midco LLC for SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.. (Lipton, Alissa) |
| Nov 1, 2019 | 50 | Memorandum in Opposition to Motion (25) Docket Text: MEMORANDUM in Opposition re [2] MOTION for Preliminary Injunction Related to Likelihood of Success filed by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company. (Lipton, Alissa) |
| Oct 30, 2019 | N/A | Order on Motion to Dismiss (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff iRobot Corporation ("iRobot") commenced this patent infringement action against Defendants SharkNinja Operating LLC, SharkNinja Management LLC, and SharkNinja Sales Company (collectively, "SharkNinja") days after SharkNinja initiated a declaratory judgment action in the District of Delaware. On October 18, 2019, SharkNinja moved to dismiss, transfer, or stay this action under the first-to-file rule. [ECF No. 29]. On October 29, 2019, the District of Delaware transferred the declaratory judgment action to this district. [ECF No. 42]. Because both pending cases are now in the District of Massachusetts, SharkNinja's motion to dismiss, transfer, or stay [ECF No. 29] is DENIED as moot. (Folan, Karen) |
| Oct 30, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting in part and denying in part [43] Joint Motion for Extension of Time. SharkNinja's opposition to iRobot's pending motion for preliminary injunction shall be filed by November 1, 2019 and shall not exceed 20 pages. iRobot's reply brief in support of its motion for preliminary injunction shall be filed by November 8, 2019 and shall not exceed 10 pages. (Folan, Karen) |
| Oct 29, 2019 | 43 | Motion for Extension of Time (3) Docket Text: Joint MOTION for Extension of Time to 11/1/2019 and 11/8/2019 to file Preliminary Injunction Briefing and to set page limits by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Lipton, Alissa) |
| Oct 28, 2019 | 40 | Transcript (33) Docket Text: Transcript of Hearing held on October 21, 2019, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Joan Daly at joanmdaly62@gmail.com Redaction Request due 11/18/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/27/2020. (Scalfani, Deborah) |
| Oct 28, 2019 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Oct 25, 2019 | 38 | Sur-Reply to Motion (8) Docket Text: SUR-REPLY to Motion re [29] MOTION to Dismiss , Stay, or Transfer filed by iRobot Corporation. (Madden, Timothy) |
| Oct 24, 2019 | 36 | Reply to Response to Motion (16) Docket Text: REPLY to Response to [29] MOTION to Dismiss , Stay, or Transfer filed by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company. (Lipton, Alissa) |
| Oct 21, 2019 | 32 | Memorandum in Opposition to Motion (25) Docket Text: MEMORANDUM in Opposition re [29] MOTION to Dismiss , Stay, or Transfer filed by iRobot Corporation. (Madden, Timothy) |
| Oct 21, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [28] Motion for Leave to Appear Pro Hac Vice Added Brian Rosenthal, Hervey Mark Lyon, Doris Johnson Hines and Erika Harmon Arner. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Oct 21, 2019 | N/A | Status Conference (0) Docket Text: Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 10/21/2019. Colloquy re motion for PI and motion to dismiss, stay, or transfer. Defendants will file reply to opposition by Wednesday or Thursday. Opposition to Motion for PI due by 10/31/19. Reply brief due by 11/7/19. Motion Hearing on PI set for 11/13/2019 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Fjellstedt, Locascio, Gelhaar, Hines, Rosenthal, Lipton) (Folan, Karen) |
| Oct 18, 2019 | 23 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Anders Fjellstedt Filing fee: $ 100, receipt number 0101-7929747 by iRobot Corporation.(Gelhaar, Peter) |
| Oct 18, 2019 | 24 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Gregg F. LoCascio Filing fee: $ 100, receipt number 0101-7929756 by iRobot Corporation.(Gelhaar, Peter) |
| Oct 18, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [23] Motion for Leave to Appear Pro Hac Vice Added Anders P. Fjellstedt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Oct 18, 2019 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [24] Motion for Leave to Appear Pro Hac Vice Added Gregg F. LoCascio. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Oct 18, 2019 | 27 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Alissa K. Lipton on behalf of SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company (Lipton, Alissa) |
| Oct 18, 2019 | 29 | Motion to Dismiss (3) Docket Text: MOTION to Dismiss , Stay, or Transfer by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company.(Lipton, Alissa) |
| Oct 18, 2019 | 30 | Memorandum in Support of Motion (15) Docket Text: MEMORANDUM in Support re [29] MOTION to Dismiss , Stay, or Transfer filed by SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company. (Lipton, Alissa) |
| Oct 17, 2019 | 21 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Peter E. Gelhaar on behalf of iRobot Corporation (Gelhaar, Peter) |
| Oct 17, 2019 | 22 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Timothy H. Madden on behalf of iRobot Corporation (Madden, Timothy) |
| Oct 16, 2019 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [3] MOTION to Seal Confidential Information filed by iRobot Corporation. Status Conference set for 10/21/2019 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Plaintiff shall notify counsel for Defendants of the hearing.(Folan, Karen) |
| Oct 16, 2019 | 9 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed SharkNinja Sales Company served on 10/16/2019, answer due 11/6/2019. (Donnelly, T.) |
| Oct 16, 2019 | 10 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed SharkNinja Operating LLC served on 10/16/2019, answer due 11/6/2019. (Donnelly, T.) |
| Oct 16, 2019 | 11 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed SharkNinja Management LLC served on 10/16/2019, answer due 11/6/2019. (Donnelly, T.) |
| Oct 16, 2019 | 16 | Declaration (30) Docket Text: DECLARATION of Dr. Charles Reinholtz by iRobot Corporation. (Donnelly, T.) |
| Oct 16, 2019 | 17 | Declaration (6) Docket Text: DECLARATION of Anders Fjellstedt in Support of Motion for Preliminary Injunction by iRobot Corporation. (Donnelly, T.) |
| Oct 16, 2019 | 18 | Exhibit (5) Docket Text: EXHIBIT 1 to [15] Declaration of Tim Saeger by iRobot Corporation. (Donnelly, T.) |
| Oct 16, 2019 | 19 | Exhibit (3) Docket Text: EXHIBIT 2 to [15] Declaration of Tim Saeger by iRobot Corporation. (Donnelly, T.) |
| Oct 16, 2019 | 20 | Exhibit (4) Docket Text: EXHIBIT 3 to [15] Declaration of Tim Saeger by iRobot Corporation. (Donnelly, T.) |
| Oct 15, 2019 | 1 | Complaint* (1) |
| Oct 15, 2019 | 2 | Motion for Preliminary Injunction (4) Docket Text: MOTION for Preliminary Injunction by iRobot Corporation.(Donnelly, T.) |
| Oct 15, 2019 | 3 | Motion to Seal (5) Docket Text: MOTION to Seal Confidential Information by iRobot Corporation.(Donnelly, T.) |
| Oct 15, 2019 | 4 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by iRobot Corporation identifying Other Affiliate BlackRock, Inc. for iRobot Corporation.. (Donnelly, T.) |
| Oct 15, 2019 | 5 | Report on the filing of patent/trademark case (1) Docket Text: REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Vieira, Leonardo) |
| Oct 15, 2019 | N/A | Notice of Case Assignment (0) Docket Text: ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Oct 15, 2019 | 7 | Summons Issued (2) Docket Text: Summons Issued as to SharkNinja Management LLC, SharkNinja Operating LLC, SharkNinja Sales Company. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
