Ford Motor Company et al v. Autel US Inc. et al
| Ford Motor Company and Ford Global Technologies, LLC |
| Autel US Inc. and Autel Intelligent Technology Co., Ltd. |
| Launch Tech (USA), Inc., Innova Electronics, Corp., Launch Tech Co., Ltd. and Ieon Chen |
| 4:2014cv13760 |
| September 29, 2014 |
| US District Court for the Eastern District of Michigan |
| Terrence G Berg |
| Michael J Hluchaniuk |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Defendant |
Docket Report
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| Filing 120 NOTICE by All Plaintiffs of withdrawal of #110 MOTION Enforce Settlement Agreement with Prejudice. (Cherry, Jared) |
| Minute Entry for proceedings before Magistrate Judge Mona K. Majzoub: Settlement Conference held on 4/1/2019. Disposition: Settlement reached. (LHos) |
| TEXT-ONLY NOTICE: Motion Hearing on 3/20/2019 is Cancelled per #117 Stipulation and Order and Order of Reference for Settlement Conference. (AChu) |
| Filing 119 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 4/1/2019 at 09:30 AM before Magistrate Judge Mona K. Majzoub in Courtroom 602 (LHos) |
Filing 118
ORDER REFERRING OTHER MATTERS to Magistrate Judge Mona K. Majzoub: Settlement Conference. Signed by District Judge Terrence G. Berg. (AChu)
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Filing 117
STIPULATION AND ORDER Adjourning Plaintiffs' Motion to Enforce Settlement Agreement. Signed by District Judge Terrence G. Berg. (AChu)
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Filing 116
ORDER of Attorney Substitution with stipulation. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 115 SEALED EXHIBIT Exhibits 2, 3 and 8 through 11 re #114 Joint MOTION For Leave to File the Motion to Enforce Settlement Agreement Under Seal and to Remove and Replace Certain Docket Entries Containing Confidential Information re #110 MOTION Enforce Settlement Agreement by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Attachments: #1 Exhibit 2 - Unredacted Motion (Dkt. 110), #2 Exhibit 3 - Unredacted Exhibit A (Dkt. 110-1), #3 Exhibit 8 - Unredacted Version of Exhibit F (Dkt. 110-6), #4 Exhibit 9 - Unredacted Version of Exhibit G (Dkt. 110-7), #5 Exhibit 10 - Unredacted Version of Exhibit H (Dkt. 110-8), #6 Exhibit 11 - Unredacted Version of Exhibit I (Dkt. 110-9)) (Herrmann, Fred) |
| Filing 114 Joint MOTION For Leave to File the Motion to Enforce Settlement Agreement Under Seal and to Remove and Replace Certain Docket Entries Containing Confidential Information re #110 MOTION Enforce Settlement Agreement by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Redacted Replacement Motion (Dkt. 110), #3 Exhibit 4 - Redacted Replacement Exhibit F (Dkt. 110-6), #4 Exhibit 5 - Redacted Replacement Exhibit G (Dkt. 110-7), #5 Exhibit 6 - Redacted Replacement Exhibit H (Dkt. 110-8), #6 Exhibit 7 - Redacted Replacement Exhibit I (Dkt. 110-9)) (Herrmann, Fred) |
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Filing 113
ORDER granting #112 Joint MOTION for Extension of Time to File Response/Reply as to #110 MOTION Enforce Settlement Agreement. Response due by 2/19/2019 Reply due by 3/5/2019. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 112 Joint MOTION for Extension of Time to File Response/Reply as to #110 MOTION Enforce Settlement Agreement by All Plaintiffs. (Phillips, Gregory) |
| Filing 111 NOTICE OF HEARING on #110 MOTION Enforce Settlement Agreement. Motion Hearing set for 3/20/2019 02:00 PM before District Judge Terrence G. Berg (AChu) |
| Filing 110 MOTION Enforce Settlement Agreement by All Plaintiffs. (Attachments: #1 Exhibit A - Placeholder for Sealed Exhibit, #2 Exhibit B - List of 6,715 Identical Files on AuroDiag OtoSys IM600 Product and Autel MaxiSys MS906BT Product related to Ford Vehicles, #3 Exhibit C - Vehicle Coverage of Autel and Auro, #4 Exhibit D - Software Details for Ford V7.24 MaxiSys MS906BT and Software Details for Ford V7.24 AuroDiag OtoSys IM600, #5 Exhibit E - Comparison of P1000_DESC_LINK_1 Mnemonic and Text Displayed on Autel and AuroDiag Products, #6 Exhibit F - Ltr from J Cherry to K Walter dated Oct 10 2018, #7 Exhibit G - Ltr from K Walter to J Cherry dated Nov 7 2018, #8 Exhibit H - Ltr from J Cherry to K Walter dated Nov 8, 2018, #9 Exhibit I - Ltr from K Walter to J Cherry Dated Nov 15 2018.pdf, #10 Exhibit J - Ltr from B Coleman to J Cherry Dated Dec 6 2018) (Phillips, Gregory) |
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Filing 109
ORDER DISMISSING CASE. Motions terminated: #108 Joint MOTION to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 108 Joint MOTION to Dismiss by All Plaintiffs. (Phillips, Gregory) |
| Filing 107 STIPULATION of Dismissal with Prejudice regarding Innova by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 106 NOTICE by All Plaintiffs re #105 Order Joint Notice of Settlement (Phillips, Gregory) |
| TEXT-ONLY NOTICE: Motion Hearing on 3/6/2017 is Cancelled per #106 Notice of Settlement. Briefing deadlines contained within Dkts. #103 and #105 are suspended. (AChu) |
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Filing 105
ORDER. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 104 NOTICE of Joinder/Concurrence in #46 MOTION to Dismiss Autel's Counterclaims filed by Ford Global Technologies, LLC, Ford Motor Company, #63 Reply to Response to Motion filed by Ford Global Technologies, LLC, Ford Motor Company by Innova Electronics, Corp. (Hulliberger, Kristopher) |
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Filing 103
ORDER DENYING #94 Autel's Ex Parte Motion for Leave to Exceed the Page Limit in Opposition to Ford's Motion for Summary Judgment, STRIKING #95 Response Filed in Excess of Page Limit, and REQUIRING Re-filing of Response. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 102 NOTICE OF HEARING on #48 MOTION for Partial Summary Judgment , #82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims, #46 MOTION to Dismiss Autel's Counterclaims. Motion Hearing set for 3/6/2017 10:00 AM before District Judge Terrence G. Berg, IN DETROIT, Courtroom 858 (AChu) |
| Filing 101 EXHIBIT 15 - McAlinden Exhibit 57 re #96 Declaration,,,, by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 100 DECLARATION by Hal L. Poret re #95 Sealed Response to Motion, Declaration of Hal L. Poret filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 99 DECLARATION by Peter Sullivan re #95 Sealed Response to Motion, Declaration of Peter Sullivan filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 98 DECLARATION by Qilin Wang re #95 Sealed Response to Motion, Declaration of Qilin Wang filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 97 SEALED EXHIBIT Exhibits 1-4 and 12 to Coleman Declaration re #96 Declaration,,,, by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Attachments: #1 Exhibit 1 - Excerpts of the Deposition of Peter Tassie dated February 2, 2017, #2 Exhibit 2 - Excerpts of the Deposition of Kevin Brady dated February 3, 2017, #3 Exhibit 3 - Excerpts of the deposition of Ken McAlinden dated February 13, 2017, #4 Exhibit 4 - Excerpts of the Deposition of Gary DeLuca dated January 19, 2017, #5 Exhibit 12 - Ford Deposition Exhibit 46) (Walter, Keith) |
| Filing 96 DECLARATION by Bruce A. Coleman re #95 Sealed Response to Motion, Declaration of Brian A. Coleman in Support of Defendants' Opposition to Ford's Motion for Summary Judgment filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Attachments: #1 Exhibit 5 - Ford deposition Exhibit 9, #2 Exhibit 6 - Ford deposition Exhibit 11, #3 Exhibit 7 - Ford deposition Exhibit 14, #4 Exhibit 8 - Ford deposition Exhibit 15, #5 Exhibit 9 - Ford deposition Exhibit 16, #6 Exhibit 10 - Ford deposition Exhibit 17, #7 Exhibit 11 - Ford deposition Exhibit 28, #8 Exhibit 13 - Ford deposition Exhibit 54, #9 Exhibit 14 - deposition McAlinden Exhibit 57, #10 Exhibit 16 - deposition McAlinden Exhibit 66, #11 Exhibit 17 - deposition McAlinden Exhibit 67, #12 Exhibit 18 - Ford Response to Autel's Request for Admissions Nos. 1-22, #13 Exhibit 19 - Copyright Office Correspondence regarding Ford's registration of its CALID deposit) (Walter, Keith) |
| Filing 95 [STRICKEN] SEALED RESPONSE re #48 Motion for Partial Summary Judgment,,,,,,,,,,, Defendants/Counterclaim Plaintiffs' Response in Opposition to Ford's Motion for Summary Judgment by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) Modified on 2/24/2017 (AChu). |
| Filing 94 Ex Parte MOTION for Leave to File Defendants' Unopposed Ex Parte Motion for Leave to Exceed the Page Limit in Opposition to Ford's Motion for Summary Judgment by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Minute Entry for proceedings before Magistrate Judge Mona K. Majzoub: Settlement Conference held on 2/15/2017. Disposition: No settlement reached (LBar) Modified on 2/16/2017 (LBar). |
| Minute Entry for proceedings before Magistrate Judge Mona K. Majzoub: Settlement Conference held on 2/14/2017. Disposition: Continued to 2/15/2017. (LBar) Modified on 2/16/2017 (LBar). |
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Filing 93
OPINION AND ORDER GRANTING #57 , #65 Ieon Chens' and Launch Tech Co. LTD's Motions to Dismiss for Lack of Personal Jurisdiction. Signed by District Judge Terrence G. Berg. (AChu)
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Filing 92
ORDER of Attorney Withdrawal with stipulation, as to Michael J. Barton. Signed by District Judge Terrence G. Berg. (AChu)
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TEXT-ONLY ORDER Granting #90 MOTION for Leave to Appear by at Settlement Conference Via Telephone as to Launch Tech Co., Ltd (ONLY) - Signed by Magistrate Judge Mona K. Majzoub. (LBar)
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| Filing 91 RESPONSE to #90 MOTION re #85 Notice to Appear for Leave to Appear at Settlement Conference Via Telephone filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 90 MOTION re #85 Notice to Appear for Leave to Appear at Settlement Conference Via Telephone by Launch Tech Co., Ltd.. (Morseburg, Douglas) |
| Filing 89 REPLY to Response re #82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 88 REPLY to Response re #82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims filed by Autel US Inc.. (Walter, Keith) |
| Filing 87 RESPONSE to #82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims filed by Ford Global Technologies, LLC, Ford Motor Company. (Attachments: #1 Exhibit A - Excerpts from hearing on November 30, 2016, #2 Exhibit B - Autels Supplemental Objections and Responses to Fords First Set of Interrogatories, #3 Exhibit C - Ltr. from B. Brunda to D. Leitch dated August 19, 2013, #4 Exhibit D - Ltr. from J. Cherry to K. Walter and B. Coleman dated December 7, 2016, #5 Exhibit E - Fords Supplemental Objections and Responses to Autels Interrogatory Nos. 16-17) (Cherry, Jared) |
| Filing 86 RESPONSE to #82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims filed by Innova Electronics, Corp.. (Attachments: #1 Exhibit ETI Corp. Entity Details) (Karmo, Jonathan) |
| Filing 85 AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference re-set for 2/14/2017 @ 09:30 AM before Magistrate Judge Mona K. Majzoub (LBar) |
| Filing 84 TRANSCRIPT of MOTION HEARING held on November 30, 2016. (Court Reporter: Peg L. Goodrich) (Number of Pages: 102) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/19/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/29/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Goodrich, P) |
| Filing 83 Notice of Determination of Motion Without Oral Argument re #82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims (AChu) |
| Filing 82 MOTION for Leave to File Autel.US Inc.'s First Amended Counterclaims by Autel US Inc.. (Attachments: #1 Exhibit A - Autel's First Amended Counterclaims) (Walter, Keith) |
| Filing 81 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 1/9/2017 09:30 AM before Magistrate Judge Mona K. Majzoub (LBar) |
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Filing 80
ORDER REFERRING OTHER MATTERS to Magistrate Judge Mona K. Majzoub: Settlement Conference. Signed by District Judge Terrence G. Berg. (AChu)
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| Minute Entry for proceedings before District Judge Terrence G. Berg: Motion Hearing held on 12/2/2016 re #52 MOTION and Brief to Defer or Deny Plaintiffs' Motion for Partial Summary Judgment filed by Autel Intelligent Technology Co., Ltd., Autel US Inc., #65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6) filed by Launch Tech Co., Ltd., #46 MOTION to Dismiss Autel's Counterclaims filed by Ford Global Technologies, LLC, Ford Motor Company, #57 MOTION to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) filed by Ieon Chen. Disposition: #46 , #57 , #65 taken under advisement. #52 GRANTED. (Court Reporter: Peg Goodrich) (AChu) |
| Filing 79 ATTORNEY APPEARANCE: Thomas A. Matthews appearing on behalf of Launch Tech Co., Ltd. (Matthews, Thomas) |
| Filing 78 REPLY to Response re #65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6) filed by Launch Tech Co., Ltd.. (Morseburg, Douglas) |
| Filing 77 SEALED EXHIBIT 3 to the Declaration of Keith Walter re #76 Declaration, by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 76 DECLARATION by Keith Walter re #75 Response to Motion filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Attachments: #1 Exhibit 1 - Excerpts of Fords Responses to Autels First Set of Interrogatories, #2 Exhibit 2 - Excerpts of Fords Supplemental Responses to Autels First Set of Interrogatories) (Walter, Keith) |
| Filing 75 RESPONSE to #65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6) filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 74 NOTICE of Appearance by Michael J. Barton on behalf of Innova Electronics, Corp.. (Barton, Michael) |
| Filing 73 REPLY to Response re #57 MOTION to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) filed by Ieon Chen. (Hulliberger, Kristopher) |
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Filing 72
STIPULATION AND ORDER Modifying Briefing Schedule Applicable to Launch Tech CO. LTD.'S #65 Motion to Dismiss, (Response due by 10/26/2016, Reply due by 11/18/2016). Signed by District Judge Terrence G. Berg. (DPar)
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| Filing 71 NOTICE OF HEARING on #65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6). Motion Hearing set for 11/30/2016 02:00 PM before District Judge Terrence G. Berg (AChu) |
| Filing 70 DECLARATION by Keith A. Walter re #69 Response to Motion filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Attachments: #1 Exhibit 1 - Excerpts from Ford interrogatory responses, #2 Exhibit 2 - Excerpts from Ford supplemental interrogatory responses, #3 Exhibit 3 - Exemplary emails and attachments involving Chen and Ford, #4 Exhibit 4 - Exemplary emails and attachments involving Chen and ETI, #5 Exhibit 5 - Exemplary emails and attachments involving Chen and/or retailers, #6 Exhibit 6 - Information from ETI websites, #7 Exhibit 7 - INNOVA 000015-18) (Walter, Keith) |
| Filing 69 RESPONSE to #57 MOTION to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 68 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Launch Tech Co., Ltd. (Morseburg, Douglas) |
| Filing 67 CERTIFICATE OF SERVICE re #66 Declaration, #65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6) by Launch Tech Co., Ltd. (Morseburg, Douglas) |
| Filing 66 DECLARATION by James Jiang re #65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6) filed by Launch Tech Co., Ltd. (Morseburg, Douglas) |
| Filing 65 MOTION to Dismiss Counterclaims Pursuant to FRCP 12(b)(2), 12(b)(5) and 12(b)(6) by Launch Tech Co., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Morseburg, Douglas) |
| Filing 64 NOTICE OF HEARING on #48 MOTION for Partial Summary Judgment , #57 MOTION to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), #52 MOTION and Brief to Defer or Deny Plaintiffs' Motion for Partial Summary Judgment , #46 MOTION to Dismiss Autel's Counterclaims. Motion Hearing set for 11/30/2016 02:00 PM before District Judge Terrence G. Berg (AChu) |
| Filing 63 REPLY to Response re #46 MOTION to Dismiss Autel's Counterclaims filed by Ford Global Technologies, LLC, Ford Motor Company. (Attachments: #1 Exhibit A - FORD07123) (Phillips, Gregory) |
| Filing 62 REPLY to Response re #52 MOTION and Brief to Defer or Deny Plaintiffs' Motion for Partial Summary Judgment filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 61 NOTICE of Voluntary Dismissal by Autel Intelligent Technology Co., Ltd., Autel US Inc. as to Launch Tech (USA), Inc. (Walter, Keith) |
| Filing 60 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Innova Electronics, Corp. (Hulliberger, Kristopher) |
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Filing 59
STIPULATION AND ORDER to Extend Time to Respond to Counterclaim as to Counterclaim Defendant Launch Tech Co., Ltd. (Response due by 9/21/2016). Signed by District Judge Terrence G. Berg. (KJac)
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| Filing 58 RESPONSE to #52 MOTION and Brief to Defer or Deny Plaintiffs' Motion for Partial Summary Judgment filed by All Plaintiffs. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit A - Translated copy of complaint filed by Autel in China, #3 Exhibit B - Fords responses to Autels amended interrogatories 8-17, #4 Exhibit C - Excerpts from transcript of hearing held on January 27, 2016, #5 Exhibit D - Autels responses to Fords requests for admissions (Redacted), #6 Exhibit E - Autels responses to Fords interrogatories (Redacted)) (Phillips, Gregory) |
| Filing 57 MOTION to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) by Ieon Chen. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Ieon Chen in Support of Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2), #3 Exhibit B - August 23, 2013 Email to Bosch, #4 Exhibit C - October 3, 2013 Email to Ford, #5 Exhibit D - August 19, 2013 Letter from Innova to Ford, #6 Exhibit E - Email Chain between Mr. Chen and Fords Attorney, #7 Exhibit F - File Uploaded to FTP Site) (Hulliberger, Kristopher) |
| Filing 56 NOTICE of Appearance by Jonathan F. Karmo on behalf of Innova Electronics, Corp.. (Karmo, Jonathan) |
| Filing 55 ANSWER to Third Party Complaint with Affirmative Defenses with Jury Demand , ANSWER to Counterclaim with Affirmative Defenses by Innova Electronics, Corp.. (Hulliberger, Kristopher) |
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Filing 54
STIPULATED PROTECTIVE ORDER. Signed by District Judge Terrence G. Berg. (KJac) Modified on 9/2/2016 (KJac).
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| Filing 53 DECLARATION by Brian A. Coleman re #52 MOTION and Brief to Defer or Deny Plaintiffs' Motion for Partial Summary Judgment filed by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Attachments: #1 Exhibit A - Autel First Interrogatories to Ford, #2 Exhibit B - Autel First Document Requests to Ford, #3 Exhibit C - Ford Responses to Autel's First Set of Interrogatories, #4 Exhibit D - Ford Responses to Autel's First Set of Requests for Production, #5 Exhibit E - Ford Supplemental Responses to Autel's First Set of Interrogatories) (Walter, Keith) |
| Filing 52 MOTION and Brief to Defer or Deny Plaintiffs' Motion for Partial Summary Judgment by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 51 RESPONSE to #46 MOTION to Dismiss Autel's Counterclaims filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Walter, Keith) |
| Filing 50 DECLARATION by Jared L. Cherry re #48 MOTION for Partial Summary Judgment filed by All Plaintiffs (Phillips, Gregory) |
| Filing 49 DECLARATION by Kevin Brady re #48 MOTION for Partial Summary Judgment filed by All Plaintiffs (Phillips, Gregory) |
| Filing 48 MOTION for Partial Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit A - Autels Supplemental Objections & Responses to Fords First Set of Interrogatories, #2 Exhibit B - Autels Response to Fords First Set of RFAs, #3 Exhibit C - IDS Software Invoices from AE Tools, #4 Exhibit D - Letter re Breach of EULA and Termination of License to Use IDS Software, #5 Exhibit E - DS708 Users Manual, #6 Exhibit F - Ford Trademark Registrations, #7 Exhibit G - Ford Oval Registration Certificate, #8 Exhibit H - Ford Motor Company 2015 Annual Report, #9 Exhibit I - Comparison of Exemplary Duplicated CALID Record, #10 Exhibit J - IDS Software EULA Effective during 2009 through September 2012, #11 Exhibit K - IDS Software EULA Effective from September 2012 to June 25, 2014, #12 Exhibit L - IDS Software EULA Effective from June 26, 2014 to Present, #13 Exhibit M - Email Messages Exchanged by Ed Veach and Michael Fink Describing Autels DS708 as OE Modeled Software, #14 Exhibit N - Draft Letter from Charlie Gorman to Autel, #15 Exhibit O - Webpages from Autels User Forum Noting Versions of Autels Products without the Emblems are Inferior because a Ton of Vehicles are Missing and a whole lot of my Features are Not Working Anymore., #16 Exhibit P - Webpages from Autels User Forum Describing How to Get the OEM Type Logos Back, #17 Exhibit Q - Webpages from Autels User Forum Relating to Lawsuit Filed by Ford Motor Company and Noting Autels Use of Fords Logo Gives the Impression of a Ford Endorsement, #18 Exhibit R - Screen Capture of YouTube Video Showing Process for Restoring Logos After Updates, #19 Exhibit S - Screen Capture of AE Tools Website Showing Autel and Ford VCMM Offered for Sale on same Webpage, #20 Exhibit T - Screen Captures Showing Fords Use of the Tick Mark and Autels Use of the Tick Mark, #21 Exhibit U - Representative Webpages and Advertisements Showing Autels Use of Ford Trademarks, #22 Exhibit V - Webpage Showing Autel Milestones, #23 Exhibit W - Forbes List of The Worlds Most Valuable Brands, #24 Exhibit X - Exemplary Advertising Materials Displaying Ford Oval and Touting OE Features, #25 Exhibit Y - Email Exchange Between Joey Hendrich and Gary Deluca Referring as DS708 as an Identical Replica of IDS; Ieon Chen Forwarding Email Noting DS708 includes an Incomplete Rip Off of the Factory Database, #26 Exhibit Z - IDS Frequently Asked Questions, #27 Exhibit AA - TEST PN Records in Autel_01.tab, #28 Exhibit BB - Activation of IDS Serial No M2LX-XGLR-X6VW-GV9T-LZR2, #29 Exhibit CC - Letter to Counsel for Autel re Challenge to AEO Designation, #30 Exhibit DD - Response from Counsel for Autel to Ford's AEO Challenge) (Phillips, Gregory) |
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Filing 47
STIPULATION AND ORDER to Extend Time to Respond to Counterclaim. Response due by 9/7/2016 Signed by District Judge Terrence G. Berg. (AChu)
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| Minute Entry for proceedings before District Judge Terrence G. Berg: Telephonic Scheduling Conference held on 8/2/2016 (AChu) |
| Filing 46 MOTION to Dismiss Autel's Counterclaims by All Plaintiffs. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Motion for TRO, #3 Exhibit C - TRO Memo, #4 Exhibit D - Declaration, #5 Exhibit E - Declaration, #6 Exhibit F - Order re TRO, #7 Exhibit G - Motion to Dismiss, #8 Exhibit H - Order re Motion to Dismiss, #9 Exhibit I - Email) (Phillips, Gregory) |
| Filing 45 REPORT regarding Defendants' Case Summary and Proposed Discovery Plan by Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 44 CERTIFICATE of Service/Summons Returned Executed. Ieon Chen served on 7/20/2016, answer due 8/10/2016. (Rahmeier, Thatcher) |
| Filing 43 CERTIFICATE of Service/Summons Returned Executed. Innova Electronics, Corp. served on 7/18/2016, answer due 8/8/2016. (Rahmeier, Thatcher) |
| Filing 42 CERTIFICATE of Service/Summons Returned Executed. Launch Tech Co., Ltd. served on 7/18/2016, answer due 8/8/2016. (Rahmeier, Thatcher) |
| Filing 41 CERTIFICATE of Service/Summons Returned Executed. Launch Tech (USA), Inc. served on 7/18/2016, answer due 8/8/2016. (Rahmeier, Thatcher) |
| Set Deadlines/Hearings: TELEPHONIC Scheduling Conference RESET for 8/2/2016 10:45 AM before District Judge Terrence G. Berg (AChu) |
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TEXT-ONLY ORDER GRANTING #40 Motion for Withdrawal of Attorney. Attorney Kara Tertzag Lividini terminated. Issued by District Judge Terrence G. Berg. (AChu)
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| Filing 40 MOTION for Withdrawal of Attorney Kara Tertzag Lividini by All Plaintiffs. (Phillips, Gregory) |
| Filing 39 THIRD-PARTY SUMMONS Issued for *Ieon Chen, Innova Electronics, Corp., Launch Tech (USA), Inc., Launch Tech Co., Ltd.* (DWor) |
| Filing 38 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand , THIRD PARTY COMPLAINT filed by Autel US Inc., Autel Intelligent Technology Co., Ltd. against Launch Tech (USA), Inc., Innova Electronics, Corp., Launch Tech Co., Ltd., Ieon Chen, COUNTERCLAIM filed by Autel US Inc., Autel Intelligent Technology Co., Ltd. against Ford Global Technologies, LLC, Ford Motor Company, Launch Tech (USA), Inc., Innova Electronics, Corp., Launch Tech Co., Ltd., Ieon Chen by Autel US Inc., Autel Intelligent Technology Co., Ltd.. (Walter, Keith) |
| REQUEST for SUMMONS for Ieon Chen, Innova Electronics, Corp., Launch Tech (USA), Inc., Launch Tech Co., Ltd.. (Walter, Keith) |
| Filing 37 NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 8/1/2016 10:00 AM before District Judge Terrence G. Berg (AChu) |
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Filing 36
OPINION AND ORDER granting in part and denying in part #29 Defendants' Partial Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 35 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Cherry, Jared) |
| Filing 34 NOTICE of Appearance by Jared Cherry on behalf of All Plaintiffs. (Cherry, Jared) |
| Filing 33 TRANSCRIPT of Motion Hearing held on January 27, 2016. (Court Reporter: Ronald A. DiBartolomeo) (Number of Pages: 64) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/2/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/10/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter Ronald A. DiBartolomeo, www.transcriptorders.com, before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (DiBartolomeo, R.) |
| Filing 32 REPLY to Response re #29 MOTION to Dismiss Second Amended Complaint filed by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Rahmeier, Thatcher) |
| Filing 31 RESPONSE to #29 MOTION to Dismiss Second Amended Complaint filed by All Plaintiffs. (Attachments: #1 Index of Exhibits A - Index of Exhibits, #2 Exhibit B - Portions of Autels en_text_tab file including mnemonics shown in Table 1, #3 Exhibit C - Comparison of the first 200 mnemonics appearing in Fords MNEMONICS_ENG data and corresponding entries in in the plain-text version of Autels en_text_tab, #4 Exhibit D - Opinion and Order in Tomaydo-Tomahhdo v. Vozary, No. 114-cv-00469, #5 Exhibit E - Letter to Autels counsel offering to clarify Fords Second Amended Complaint, #6 Exhibit F - US Customs and Border Protection records showing quantities of DS708 Product imported to US by Autel) (Phillips, Gregory) |
| Filing 30 NOTICE OF HEARING on #29 MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 1/27/2016 02:30 PM before District Judge Terrence G. Berg (KJac) |
| Filing 29 MOTION to Dismiss Second Amended Complaint by Autel Intelligent Technology Co., Ltd., Autel US Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rahmeier, Thatcher) |
| Filing 28 AMENDED COMPLAINT SECOND (CORRECTED) filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits A-Index of Exhibits, #2 Exhibit B-Registration Certificates of Trademark Registrations for AUTEL (U.S. Reg. No. 3,488,418), MAXIDAS (U.S. Reg. No. 3,603,906), MAXISYS (U.S. Reg. No. 4,570,810), and MAXISYS PRO (U.S. Reg. No. 4,610,708), #3 Exhibit C-WhoIs record for the Internet domain name www.auteltech.com, #4 Exhibit D-Registration Certificates of Trademark Registrations for the FORD OVAL Trademark (U.S. Reg. No. 3,657,597); the FORD Trademark (U.S. Reg. No. 3,046,211); and the FORD STYLIZED Trademark (U.S. Reg. No. 2,034,370), #5 Exhibit E-Copyright registration from the United States Copyright Office for CALID_VIDQID_REC, #6 Exhibit F-Cover letter sent to counsel for Autel along with the automated digital comparison between Fords CALID_VIDQID_REC data and included in the plain text autel_01.tab file, #7 Exhibit G-Document indicating the process by which the PARSEALL.EXE program accesses proprietary and confidential information stored in Fords IDS Software, #8 Exhibit H-Printout of the list of ETI members on October 10, 2015, #9 Exhibit I-Printout of a search for the term Autel on ETIs Active participant webpage, #10 Exhibit J-End-User License Agreement associated with Fords IDS Software, #11 Exhibit K-Fords notice of notice to Autel of breach of EULA and termination of Autels license to use IDS Software, #12 Exhibit L-Autels refusal to comply with termination provisions of EULA, #13 Exhibit M-Copyright Registration Certificate for Mnemonics_Eng) (Phillips, Gregory) |
| Filing 27 AMENDED COMPLAINT Second filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits A - Index of Exhibits, #2 Exhibit B - Registration Certificates of Trademark Registrations forAUTEL (U.S. Reg. No. 3,488,418), MAXIDAS (U.S. Reg. No. 3,603,906), MAXISYS (U.S. Reg. No. 4,570,810), and MAXISYS PRO (U.S. Reg. No. 4,610,708), #3 Exhibit C - WhoIs record for the Internet domain name www.auteltech.com, #4 Exhibit D - Registration Certificates of Trademark Registrations forthe FORD OVAL Trademark (U.S. Reg. No. 3,657,597); the FORD Trademark (U.S. Reg. No. 3,046,211); and the FORD STYLIZED Trademark (U.S. Reg. No. 2,034,370), #5 Exhibit E - Copyright registration from the United States Copyright Office for CALID_VIDQID_REC, #6 Exhibit F - Cover letter sent to counsel for Autel along with the automated digital comparison between Fords CALID_VIDQID_REC data and included in the plain text autel_01.tab file, #7 Exhibit G - Document indicating the process by which the PARSEALL.EXE program accesses proprietary and confidential information stored in Fords IDS Software, #8 Exhibit H - Printout of the list of ETI members on October 15, 2015, #9 Exhibit I - Printout of a search for the term Autel on ETIs Active participant webpage, #10 Exhibit J - End-User License Agreement associated with Fords IDS Software, #11 Exhibit K - Ford's notice of notice to Autel of breach of EULA and termination of Autels license to use IDS Software, #12 Exhibit L - Autels refusal to comply with termination provisions of EULA, #13 Exhibit M - Copyright Registration Certificate for Mnemonics_Eng) (Phillips, Gregory) |
| Filing 26 NOTICE of Appearance by Brian Arthur Coleman on behalf of All Defendants. (Coleman, Brian) |
| Filing 25 AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits A - Index of Exhibits, #2 Exhibit B - Registration Certificates of Trademark Registrations forAUTEL (U.S. Reg. No. 3,488,418), MAXIDAS (U.S. Reg. No. 3,603,906), MAXISYS (U.S. Reg. No. 4,570,810), and MAXISYS PRO (U.S. Reg. No. 4,610,708), #3 Exhibit C - WhoIs record for the Internet domain name www.auteltech.com, #4 Exhibit D - Registration Certificates of Trademark Registrations forthe FORD OVAL Trademark (U.S. Reg. No. 3,657,597); the FORD Trademark (U.S. Reg. No. 3,046,211); and the FORD STYLIZED Trademark (U.S. Reg. No. 2,034,370), #5 Exhibit E - Copyright registration from the United States Copyright Office for CALID_VIDQID_REC, #6 Exhibit F - Cover letter sent to counsel for Autel along with the automated digital comparison between Fords CALID_VIDQID_REC data and included in the plain text autel_01.tab file, #7 Exhibit G - Document indicating the process by which the PARSEALL.EXE program accesses proprietary and confidential information stored in Fords IDS Software, #8 Exhibit H - Printout of the list of ETI members on October 15, 2015, #9 Exhibit I - Printout of a search for the term Autel on ETIs Active participant webpage, #10 Exhibit J - End-User License Agreement associated with Fords IDS Software, #11 Exhibit K - Fords notice of notice to Autel of breach of EULA and termination of Autels license to use IDS Software, #12 Exhibit L - Autels refusal to comply with termination provisions of EULA) (Phillips, Gregory) |
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Filing 24
OPINION AND ORDER granting in part and denying in part #14 Defendants' Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 23 RESPONSE to #14 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Depiction of Ford's Diagnostic Tool, #2 Exhibit 2 - Depiction of Autel's Access to FFData File) (Phillips, Gregory) |
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TEXT-ONLY ORDER: #18 Plaintiffs' Response to #14 Motion to Dismiss fails to comply with E.D. Mich. Local Rule 5.1(a)(3) which requires that all papers contain at least 14 point font and limits briefs to less than 25 pages. As a result, #18 Plaintiffs' Response is STRICKEN. Plaintiff shall file a Response in accordance with the Local Rule by 9/17/15. SO ORDERED. (Response due by 9/17/2015) Issued by District Judge Terrence G. Berg. (DPar)
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| Filing 22 Notice of Determination of Motion Without Oral Argument re #14 MOTION to Dismiss (Chubb, A) |
| TEXT-ONLY NOTICE: Motion Hearing on 4/8/2015 is Cancelled. (Chubb, A) |
| Motions Taken Under Advisement: #14 MOTION to Dismiss (Chubb, A) |
| Filing 21 REPLY to Response re #14 MOTION to Dismiss filed by All Defendants. (Attachments: #1 Exhibit A - Li Declaration) (Herrmann, Fred) |
| Filing 20 DECLARATION by Kevin Brady re #18 Response to Motion to Dismiss filed by Ford Motor Company (Attachments: #1 Exhibit A - ETI Member Companies) (Phillips, Gregory) |
| Filing 19 DECLARATION by Jason Kosofsky re #18 Response to Motion to Dismiss filed by Ford Motor Company (Attachments: #1 Exhibit A - Trademark Registrations, #2 Exhibit B - Auteltech.com Screenshots, #3 Exhibit C - Auteltech.com WhoIs, #4 Exhibit D - Autelcn.com Screenshots) (Phillips, Gregory) |
| Filing 18 [STRICKEN PER TEXT ONLY ORDER DATED 9/14/2015] RESPONSE to #14 MOTION to Dismiss filed by Ford Motor Company. (Phillips, Gregory) Modified on 9/14/2015 (DPar). |
| Filing 17 NOTICE OF HEARING on #14 MOTION to Dismiss. Motion Hearing set for 4/8/2015 03:00 PM before District Judge Terrence G. Berg **IN FLINT** (Chubb, A) |
| Filing 16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Autel US Inc. identifying Corporate Parent Autel Intelligent Technology Co., Ltd. for Autel US Inc.. (Herrmann, Fred) |
| Filing 15 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Autel Intelligent Technology Co., Ltd. (Herrmann, Fred) |
| Filing 14 MOTION to Dismiss by All Defendants. (Attachments: #1 Exhibit A -- Li Declaration) (Herrmann, Fred) |
| Filing 13 ATTORNEY APPEARANCE: Thatcher A. Rahmeier appearing on behalf of Autel Intelligent Technology Co., Ltd., Autel US Inc. (Rahmeier, Thatcher) |
| Filing 12 ATTORNEY APPEARANCE: Keith A. Walter appearing on behalf of Autel Intelligent Technology Co., Ltd., Autel US Inc. (Walter, Keith) |
| Filing 11 ATTORNEY APPEARANCE: Zhun Lu appearing on behalf of Autel Intelligent Technology Co., Ltd., Autel US Inc. (Lu, Zhun) |
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Filing 10
STIPULATION AND ORDER to Extend Time to Respond re #1 Complaint.Response due by 1/30/2015 Signed by District Judge Terrence G. Berg. (Chubb, A)
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| Filing 9 ATTORNEY APPEARANCE: Anna Valk appearing on behalf of Autel Intelligent Technology Co., Ltd., Autel US Inc. (Valk, Anna) |
| Filing 8 NOTICE of Appearance by Kara Tertzag Lividini on behalf of Ford Global Technologies, LLC, Ford Motor Company. (Lividini, Kara) |
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Filing 7
STIPULATION AND ORDER Extending Time to Respond re #1 Complaint.Response due by 1/9/2015 Signed by District Judge Terrence G. Berg. (Chubb, A) Modified on 11/14/2014 (Chubb, A).
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| Filing 6 ATTORNEY APPEARANCE: Fred K. Herrmann appearing on behalf of Autel Intelligent Technology Co., Ltd., Autel US Inc. (Herrmann, Fred) |
| Filing 5 CERTIFICATE of Service/Summons Returned Executed. Autel US Inc. served on 10/24/2014, answer due 11/14/2014. (Phillips, Gregory) |
| Filing 4 SUMMONS Issued for *Autel US Inc.* (TMcg) |
| Filing 3 SUMMONS Issued for *Autel Intelligent Technology Co., Ltd.* (TMcg) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (TMcg) |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Global Technologies, LLC, Ford Motor Company (Phillips, Gregory) |
| Filing 1 COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4836990 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A - Copyright Registration Certificate, #2 Exhibit B - Ford Registration Certificate) (Phillips, Gregory) |
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