Leaper Footwear v. Nike et al Featured Case

Plaintiff Leaper Footwear, LLC alleged that defendants Nike, Inc. and Apple, Inc. developed and marketed a "Nike + iPod Sport Kit" that infringed on U.S. Patent No. 5,720,200 entitled "Performance Measuring Footwear."

Plaintiff: Leaper Footwear
Defendant: Nike and Apple
Case Number: 2:2007cv00740
Filed: October 1, 2007
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: Dee Benson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 0271 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2008 Opinion or Order Filing 43 ORDER granting 42 Motion to Dismiss. All claims for relief asserted against Apple Inc. and Nike Inc. by Leaper Footwear, LLC and against Leaper Footwear, LLC by Apple and Nike are DISMISSED WITH PREJUDICE. All attorneys' fees, costs and expenses shall be borne by each party incurring the same. Case Closed. Signed by Judge Dee Benson on 4/28/2008. (rlr)
April 25, 2008 Filing 42 Stipulated MOTION to Dismiss With Prejudice filed by Plaintiff Leaper Footwear. (Attachments: # 1 Text of Proposed Order)(Belshe, James)
January 9, 2008 Opinion or Order Filing 41 SCHEDULING ORDER: Initial Pretrial Hearing set for 1/23/2008 vacated.Amended Pleadings due by 4/30/2008. Joinder of Parties due by 4/30/2008. Fact Discovery due by 11/4/2008. Expert Discovery due by 2/17/2009. Dispositive Motions due by 3/31/2009. Final Pretrial Conference set for 9/1/2009 02:30 PM in Room 246 before Judge Dee Benson. 10 day Jury Trial set to Begin 9/14/2009 08:30 AM in Room 246 before Judge Dee Benson. Signed by Judge David Nuffer on 1/9/2008. (rlr)
January 8, 2008 Filing 40 ERRATA to 39 Attorney Planning Meeting filed by Plaintiff Leaper Footwear. (Attachments: # 1 Exhibit A)(Belshe, James)
January 4, 2008 Filing 39 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order)(Belshe, James)
December 27, 2007 Filing 38 NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 12/10/2007 32 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlInitial Pretrial Conference set for 1/23/2008 10:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab) (tab)
December 26, 2007 Filing 37 Plaintiff's ANSWER to Counterclaim of Defendant Apple, Inc. filed by Leaper Footwear.(Belshe, James)
December 26, 2007 Filing 36 Plaintiff's ANSWER to Counterclaim of Defendant Nike, Inc. filed by Leaper Footwear.(Belshe, James)
December 26, 2007 Filing 35 NOTICE OF DEFICIENCY re 33 Response (NOT to motion), 34 Response (NOT to motion). The documents were filed as Responses rather than Answers. The clerk requests the filer of the original documents to refile the pleadings using the correct event found under the category of Answers to Complaints. The new pleadings will receive new document numbers on the docket. (rlr)
December 20, 2007 Filing 34 RESPONSE re 21 Answer to Amended Complaint, Counterclaim, by Nike filed by Plaintiff Leaper Footwear. (Belshe, James)
December 20, 2007 Filing 33 RESPONSE re 26 Answer to Amended Complaint, Counterclaim, by Apple filed by Plaintiff Leaper Footwear. (Belshe, James)
December 10, 2007 Filing 32 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlInitial Pretrial Conference set for 1/23/2008 10:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab)
December 3, 2007 Opinion or Order Filing 31 ORDER granting 20 Motion for Admission Pro Hac Vice of Thomas K. Pratt for Nike. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/3/2007. (rlr)
December 3, 2007 Opinion or Order Filing 30 ORDER granting 18 Motion for Admission Pro Hac Vice of Christopher J. Renk for Nike. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/3/2007. (rlr)
December 3, 2007 Opinion or Order Filing 29 ORDER granting 19 Motion for Admission Pro Hac Vice of Michael Harris for Nike. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/3/2007. (rlr)
December 3, 2007 Opinion or Order Filing 28 ORDER granting 24 Motion for Admission Pro Hac Vice of Robert D. Fram for Apple. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/3/2007. (rlr)
December 3, 2007 Opinion or Order Filing 27 ORDER granting 25 Motion for Admission Pro Hac Vice of Winlsow B. Taub for Apple. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/3/2007. (rlr)
November 30, 2007 Filing 26 ANSWER to Amended Complaint with Jury Demand, COUNTERCLAIM against Leaper Footwear filed by Apple.(Hatch, Brent)
November 30, 2007 Filing 25 MOTION for Admission Pro Hac Vice of Winslow B. Taub, Registration fee $ 15, receipt number 609480, filed by Defendant Apple. (Attachments: # 1 Exhibit Pro Hac Vice Application# 2 Exhibit ECF Registration# 3 Text of Proposed Order)(Hatch, Brent)
November 30, 2007 Filing 24 MOTION for Admission Pro Hac Vice of Robert D. Fram, Registration fee $ 15, receipt number 609476, filed by Defendant Apple. (Attachments: # 1 Exhibit Pro Hac Vice Application# 2 Exhibit ECF Registration# 3 Text of Proposed Order)(Hatch, Brent)
November 30, 2007 Filing 23 NOTICE of Appearance by Brent O. Hatch on behalf of Apple (Hatch, Brent)
November 30, 2007 Filing 22 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Nike identifying NIKE, Inc. as Corporate Parent. (Bettilyon, Mark)
November 30, 2007 Filing 21 ANSWER to Amended Complaint Affirmative Defenses and, COUNTERCLAIM against Leaper Footwear filed by Nike.(Bettilyon, Mark)
November 30, 2007 Filing 20 MOTION for Admission Pro Hac Vice of Thomas K. Pratt, Registration fee $ 15, receipt number 609177, filed by Defendant Nike. (Attachments: # 1 Exhibit Application# 2 Exhibit cm/ecf Registration# 3 Text of Proposed Order proposed Order)(Bettilyon, Mark)
November 30, 2007 Filing 19 MOTION for Admission Pro Hac Vice of Michael J. Harris, Registration fee $ 15, receipt number 609171, filed by Defendant Nike. (Attachments: # 1 Exhibit Application# 2 Exhibit cm/ecf Registration# 3 Text of Proposed Order proposed Order)(Bettilyon, Mark)
November 30, 2007 Filing 18 MOTION for Admission Pro Hac Vice of Christopher J. Renk, Registration fee $ 15, receipt number 609159, filed by Defendant Nike. (Attachments: # 1 Exhibit Application# 2 Exhibit cm/ecf Registration# 3 Text of Proposed Order proposed Order)(Bettilyon, Mark)
November 30, 2007 Filing 17 NOTICE of Appearance by Mark M. Bettilyon on behalf of Nike (Bettilyon, Mark)
November 30, 2007 Filing 16 NOTICE of Appearance by James S. Jardine on behalf of Nike (Jardine, James)
November 15, 2007 Opinion or Order Filing 15 ORDER granting 14 Motion for Extension of Time to serve responsive pleadings as to Apple, Inc. The date for the filing of Apple's responsive pleadings is extended until on or before 11/30/2007. Signed by Judge Dee Benson on 11/14/07. (rlr)
November 13, 2007 Filing 14 MOTION for Extension of Time Serve Responsive Pleadings as to Apple, Inc. filed by Plaintiff Leaper Footwear. (Attachments: # 1 Text of Proposed Order)(Belshe, James)
November 6, 2007 Filing 13 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Leaper Footwear as to Apple served on 10/5/2007, answer due 10/25/2007. (Belshe, James)
November 6, 2007 ANSWER DEADLINE UPDATED for Apple answer due 10/25/2007. (rlr)
October 31, 2007 Opinion or Order Filing 12 ORDER granting 11 Motion for Extension of Time to Serve Responsive Pleadings as to Nike, Inc. The date for the filing of Nike's responsive pleadings is extended until on or before 11/30/2007. Signed by Judge Dee Benson on 10/30/07. (rlr)
October 29, 2007 Filing 11 MOTION for Extension of Time to Serve Responsive Pleadings as to Defendant Nike, Inc. filed by Plaintiff Leaper Footwear. (Attachments: # 1 Text of Proposed Order)(Belshe, James)
October 15, 2007 Filing 10 AMENDED COMPLAINT against Nike, Apple., filed by Leaper Footwear. (Attachments: # 1 Exhibit A-U.S. Patent 5,720,200)(Belshe, James)
October 11, 2007 Opinion or Order Filing 9 ORDER granting 6 Motion for Admission Pro Hac Vice of C. Dale Quisenberry for Leaper Footwear. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 10/11/07. (rlr)
October 11, 2007 Opinion or Order Filing 8 ORDER granting 7 Motion for Admission Pro Hac Vice of John T. Polasek for Leaper Footwear. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 10/11/07. (rlr)
October 10, 2007 Filing 7 MOTION for Admission Pro Hac Vice of John T. Polasek, Registration fee $ 15, receipt number 581968, filed by Plaintiff Leaper Footwear. (Attachments: # 1 Exhibit A-Application for Admission Pro Hac Vice# 2 Exhibit B-ECF Registration# 3 Text of Proposed Order)(Belshe, James)
October 10, 2007 Filing 6 MOTION for Admission Pro Hac Vice of C. Dale Quisenberry, Registration fee $ 15, receipt number 581950, filed by Plaintiff Leaper Footwear. (Attachments: # 1 Exhibit A-Application for Admission Pro Hac# 2 Exhibit B-ECF Registration# 3 Text of Proposed Order)(Belshe, James)
October 9, 2007 Filing 5 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Leaper Footwear as to Nike served on 10/5/2007, answer due 10/25/2007. (Belshe, James)
October 3, 2007 Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney C. Dale Quisenberry, John T. Polasek, for Plaintiff Leaper Footwear (rpd)
October 3, 2007 Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: # 1 Complaint# 2 Civil Cover Sheet # 3 Exhibit A) (rpd)
October 1, 2007 Filing 2 COMPLAINT against Nike, Apple (Filing fee $ 350, receipt number 577382), filed by Leaper Footwear. (Attachments: # 1 Exhibit A-U.S. Patent 5,720,200# 2 Civil Cover Sheet) Assigned to Judge Dee Benson (Belshe, James)
October 1, 2007 Filing 1 Case has been opened and assigned to Judge Dee Benson. Plaintiff Leaper Footwear is directed to E-File the Complaint (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350 by the end of the business day. (rpd)

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Plaintiff: Leaper Footwear
Represented By: David R. Wright
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Defendant: Nike
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Defendant: Apple
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