MMT INC v. HYDRO INTERNATIONAL INC, et al
| MMT INC doing business as STORMTREE |
| HIL TECHNOLOGY, HYDRO INTERNATIONAL PLC and HYDRO INTERNATIONAL INC |
| 2:2021cv00079 |
| March 23, 2021 |
| US District Court for the District of Maine |
| Portland Office |
| JON D LEVY |
| JOHN C NIVISON |
| Patent |
| 35 U.S.C. § 145 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.
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Filing 26
ORDER terminating #24 Order to Show Cause By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 25 CERTIFICATION for Admission Pro Hac Vice of Alan F. Feeney filed by TIMOTHY ZERILLO on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2478954.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (ZERILLO, TIMOTHY) |
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Filing 24
ORDER TO SHOW CAUSE. Show Cause Response due by 4/16/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Filing 23
CASE MANAGEMENT ORDER Set Deadlines: stipulated proposed procedural order due by 6/28/2021. By JUDGE JON D. LEVY. (aks)
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| Filing 22 Minute Entry for proceedings held via ZOOM Video Conference before JUDGE JON D. LEVY: Conference of Counsel held. Order to follow. (Court Reporter: Lori Dunbar) (aks) Modified on 3/30/2021 to add Zoom information (aks). |
| Filing 21 NOTICE of Appearance by EVIANA ENGLERT on behalf of All Defendants (ENGLERT, EVIANA) |
| Filing 20 NOTICE of Hearing: Conference of Counsel set for 3/30/2021 11:00 AM via ZOOM Video Conference before JUDGE JON D. LEVY. (aks) |
| Set Deadlines : Pro Hac Vice Certificate of Attorney ALAN F. FEENEY due by 3/31/2021. The Certification for Admission Pro Hac Vice form can be downloaded from our website at #http://www.med.uscourts.gov/forms. (aks) |
| Filing 19 Case transferred in from District of Rhode Island; Case Number 1:21-cv-00027. |
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Filing 18
ORDER granting #9 Motion to Dismiss and transferring this case to the United States District Court for the District of Maine- So Ordered by Chief Judge John J. McConnell, Jr. on 3/23/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
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TEXT ORDER granting #17 Motion for Leave to File Sur-reply - So Ordered by Chief Judge John J. McConnell, Jr. on 3/10/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 17 MOTION for Leave to File Document Sur Reply filed by MMT, Inc.. Responses due by 3/23/2021. (Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 16 SUR-REPLY to Reply to Motion Response re #14 Reply to Response filed by MMT, Inc.. (Feeney, Alan) (Additional attachment(s) added on 3/9/2021: #1 Exhibit) (Barletta, Barbara). [Transferred from Rhode Island on 3/24/2021.] |
| Filing 15 REPLY to Response re #10 Response to Motion, filed by MMT, Inc.. (Attachments: #1 Affidavit Inventor's Response to Fink Declaration, #2 Exhibit Defendants' Patent, #3 Exhibit Nonfinal Office Action for the '392 Patent, #4 Exhibit Notice of Allowance for '392 Patent, #5 Exhibit Final Office Action for '392 Patent, #6 Exhibit Screen Capture of Filewrapper for '392 Patent, #7 Exhibit Inurl Google Search for Tree Box Filters Article Cited by Defendants, #8 Exhibit USPTO TESS Record for STORMTREE Trademark, #9 Exhibit USPTO TESS Record for STORMSCAPE Trademark, #10 Exhibit State of Rhode Island Corporate Record for MMT, Inc., #11 Exhibit USPTO TESS Record for BIOINFILTRATOR Trademark, #12 Exhibit U Pennsylvania Law Review Article Discussing Consumer Surveys in Trademark Infringement Lawsuits, #13 Exhibit Biography for Examiner Upton, #14 Exhibit April 2 2018 Office Action issued against Hydro Patent)(Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 14 REPLY to Response re #11 Response to Motion,,,, filed by All Defendants. (Attachments: #1 Supplemental Declaration of Mongeau, #2 Exhibit A to Mongeau Decl., #3 Exhibit B to Mongeau Decl.)(Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.] |
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TEXT ORDER granting #13 Motion for Extension of Time to File Reply to #9 MOTION to Dismiss for Improper Venue and Lack of Personal Jurisdiction ; Reset Deadlines: Reply due by 3/1/2021.- So Ordered by Chief Judge John J. McConnell, Jr. on 2/26/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 13 Consent MOTION for an Extension of Time to File Response/Reply as to #11 Response to Motion,,,, filed by All Defendants. Responses due by 3/11/2021. (Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.] |
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TEXT ORDER granting #12 Motion for Extension of Time to file reply in support of #2 MOTION for Temporary Restraining Order; Reset Deadlines: ( Reply due by 3/1/2021.)- So Ordered by Chief Judge John J. McConnell, Jr. on 2/22/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 12 First MOTION for an Extension of Time assented to extension of time to respond to opposition to preliminary injunction filed by MMT, Inc.. Responses due by 3/5/2021. (Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 11 First RESPONSE In Opposition to #9 MOTION to Dismiss for Improper Venue and Lack of Personal Jurisdiction filed by MMT, Inc.. Replies due by 2/26/2021. (Attachments: #1 Affidavit Affidavit of Inventor Iorio, #2 Exhibit A - Joint Marketing Sales... Agreement, #3 Exhibit B1 - UK House of Corporations Record, #4 Exhibit B2 - UK House of Corporations Record, #5 Exhibit B3 - UK House of Corporations Record, #6 Exhibit C1 - Delaware Corporate Records, #7 Exhibit C2 - Delaware Corporate Records, #8 Exhibit C3 - Delaware Corporate Records, #9 Exhibit C4 - Delaware Corporate Records, #10 Exhibit C5 - Delaware Corporate Records, #11 Exhibit C6 - Delaware Corporate Records, #12 Exhibit D1 - State of Delaware Annual Franchise Tax Report, #13 Exhibit D2 - State of Delaware Annual Franchise Tax Report, #14 Exhibit D3 - State of Delaware Annual Franchise Tax Report, #15 Exhibit E - State of Maine Articles of Incorporation for HIL Technology, #16 Exhibit F - State of Indiana Corporate Record for HIL Technology, #17 Exhibit G - Mongeau email to Iorio dated 12/20/2016)(Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 10 RESPONSE In Opposition to #2 MOTION for Temporary Restraining Order filed by All Defendants. Replies due by 2/19/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Fink Declaration, #4 Exhibit 1 Fink Decl., #5 Exhibit 2 Part 1 Fink Decl., #6 Exhibit 2 Part 2 Fink Decl., #7 Exhibit 2 Part 3 Fink Decl., #8 Exhibit 3 Fink Decl., #9 Mongeau Declaration)(Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 9 MOTION to Dismiss for Improper Venue and Lack of Personal Jurisdiction filed by All Defendants. Responses due by 2/19/2021. (Attachments: #1 Exhibit A - Mongeau Declaration)(Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.] |
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TEXT ORDER granting #8 Motion for Extension of Time to File Response to #2 MOTION for Temporary Restraining Order; Reset Deadlines: Response due by 2/12/2021.- So Ordered by Chief Judge John J. McConnell, Jr. on 2/1/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 8 MOTION for an Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order filed by All Defendants. Responses due by 2/12/2021. (Attachments: #1 Exhibit 1)(Oswald, James)[Transferred from Rhode Island on 3/24/2021.] |
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TEXT ORDER: Defendants shall file a response to Plaintiff's #2 MOTION for Temporary Restraining Order filed by MMT, Inc. on or before 2/4/21- So Ordered by Chief Judge John J. McConnell, Jr. on 1/28/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 7 MOTION for Edward J. Sackman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1587155 ) filed by All Defendants. (Oswald, James) [Transferred from Rhode Island on 3/24/2021.] |
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TEXT ORDER granting #7 Motion to Appear Pro Hac Vice of Edward J. Sackman. So Ordered by Chief Judge John J. McConnell, Jr. on 1/25/2021. (Hicks, Alyson) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 6 MOTION for Daniel J. Mitchell to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1586859 ) filed by All Defendants. (Oswald, James) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 5 NOTICE of Appearance by James R. Oswald on behalf of All Defendants (Oswald, James) [Transferred from Rhode Island on 3/24/2021.] |
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TEXT ORDER granting #6 Motion to Appear Pro Hac Vice Daniel J. Mitchell filed by James R. Oswald. - So Ordered by Chief Judge John J. McConnell, Jr. on 1/22/2021. (McGuire, Vickie) [Transferred from Rhode Island on 3/24/2021.]
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| Filing 4 AO FORM 120: REPORT on Filing or Determination of an Action Regarding a Patent or Trademark (Potter, Carrie) (Additional attachment(s) added on 1/21/2021: #1 Comp/Exhibits) (Potter, Carrie). [Transferred from Rhode Island on 3/24/2021.] |
| Filing 3 CASE OPENING NOTICE ISSUED (Potter, Carrie) [Transferred from Rhode Island on 3/24/2021.] |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Potter, Carrie) [Transferred from Rhode Island on 3/24/2021.] |
| Filing 2 MOTION FOR TEMPORARY RESTRAINING ORDER and memorandum in support filed by MMT, Inc. (Feeney, Alan) Modified on 1/28/2021 to correct event (Barletta, Barbara). [Transferred from Rhode Island on 3/24/2021.] |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1584724 ), filed by MMT, Inc.. (Attachments: #1 Exhibit Infringed '885 Patent, #2 Exhibit StormTree Wordmark Registration Certificate, #3 Exhibit StormTree Logo Trademark Registration Certificate, #4 Exhibit Nondisclosure Agreement, #5 Exhibit Hydro Sales Brochure, #6 Exhibit Infringed '392 Patent, #7 Exhibit Hydro Patent, #8 Civil Cover Sheet Civil Cover Sheet)(Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.] |
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