National Products, Inc v. Wireless Accessory Solutions, LLC
| National Products, Inc. |
| Wireless Accessory Solutions, LLC and Wireless Accessory Solutions, LLC doing business as IBolt - Wireless Accessory Solutions, LLC |
| 2:2018cv03505 |
| April 25, 2018 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Fernando M Olguin |
| Suzanne H Segal |
| Michael R Wilner |
| Patent |
| 35 U.S.C. § 145 |
| Both |
Docket Report
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This docket was last retrieved on April 15, 2019. A more recent docket listing may be available from PACER.
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Filing 53
ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 7/9/2018 at 9:00 am. (lb)
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| Filing 52 Notice of Electronic Filing re Transferring Case purs GO 16-05 (Related Case)(CV 34), #51 e-mailed to jsowers@riddellwilliams.com bounced due to 550 5.1.10 RESOLVER.ADR.RecipientNotFound; Recipient not found by SMTP address lookup. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY |
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Filing 51
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:18-cv-02936 AG(SSx). Case transferred from Judge Fernando M. Olguin and Magistrate Judge Michael R. Wilner to Judge Andrew J. Guilford and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-03505 AG(SSx). Signed by Judge Andrew J. Guilford (rn)
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| Filing 50 APPLICATION of Non-Resident Attorney Jessica M. Kaempf to Appear Pro Hac Vice on behalf of Plaintiff National Products, Inc., Counter Defendant National Products, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21697676) filed by Plainti ff National Products, Inc.. (Attachments: #1 Proposed Order Approving Pro Hac Vice Application of Jessica M. Kaempf) (FitzGibbon, Thomas) |
| Filing 49 APPLICATION of Non-Resident Attorney Ewa M. Davison to Appear Pro Hac Vice on behalf of Plaintiff National Products, Inc., Counter Defendant National Products, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21697672) filed by Plaintiff National Products, Inc.. (Attachments: #1 Proposed Order Granting Application of Eva Davison to Appear Pro Hac Vice) (FitzGibbon, Thomas) |
| Filing 48 APPLICATION of Non-Resident Attorney David K. Tellekson to Appear Pro Hac Vice on behalf of Plaintiff National Products, Inc., Counter Defendant National Products, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21697669) filed by Plaint iff National Products, Inc.. (Attachments: #1 Proposed Order Approving Pro Hac Vice Application of David K. Tellekson) (Attorney Thomas N FitzGibbon added to party National Products, Inc.(pty:pla), Attorney Thomas N FitzGibbon added to party National Products, Inc.(pty:cd)) (FitzGibbon, Thomas) |
| Filing 47 RESPONSE filed by Pro Hac Vice attorney James E Breitenbucher on behalf of Counter Claimant Wireless Accessory Solutions, LLC, Defendant Wireless Accessory Solutions, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 46 NOTICE OF PENDENCY OF OTHER PROCEEDINGS filed by Defendant Wireless Accessory Solutions, LLC. (Karish, Marc) |
| Filing 45 NOTICE of Related Case(s) filed by Defendant Wireless Accessory Solutions, LLC. Related Case(s): 2:18-cv-02936-AG(SSx) (Karish, Marc) |
| Filing 44 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James Erik Breitenbucher. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 43 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jayson W Sowers. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 42 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David K Tellekson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ewa M. Davison. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 37 ORIGINAL file, certified copy of transfer order and docket sheet received from Washington Western |
| Filing 40 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 39 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Michael R. Wilner. (lh) |
| Filing 38 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:15-cv-02024-JLR, from U.S. District Court United States District Court for the Western District of Washington (Seattle). The above-referenced case has been transferred to this district and assigned the above civil case number 2:18-cv-03505-FMO(MRWx). (lh) |
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Filing 36
ORDER granting Plaintiff's #29 Motion to Seal Documents Related to Its Response to Order to Show Cause. Signed by Judge James L. Robart. (PM) [Transferred from Washington Western on 4/26/2018.]
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Filing 35
ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA signed by Judge James L. Robart. The court concludes that it should transfer all of NPI's claims against iBolt--both the patent and non-patent claims--to the Central District of California. Accordingly, the court DIRECTS the Clerk to transfer this case to the Central District of California. (PM) [Transferred from Washington Western on 4/26/2018.]
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| Pursuant to LCR 3(i), this case will be sent to the U.S. District Court for the Central District of California by electronic transfer 14 days after the #35 Order Transferring Case is filed. (PM) [Transferred from Washington Western on 4/26/2018.] |
| Filing 34 UNREDACTED SEALED #32 Declaration (non motion),,,, by Plaintiff National Products, Inc (Attachments: #1 Exhibit D - [FUS] Brassard 30(b)(6) Wireless (Conf. & AEO) 02-01-2018 (Excerpts) (31 pp), #2 Exhibit E - [FUS] Brassard 30(b)(6) 121 (7 pp), #3 Exhibit F - [FUS] Brassard 30(b)(6) 101 [Lindner 101-annotated] (15 pp), #4 Exhibit G - [FUS] Lindner - 02-01-2018 (Excerpts) (7 pp), #5 Exhibit H - [FUS] Brassard 30(b)(6) 120 (23 pp), #6 Exhibit J - [FUS] Brassard 30(b)(6) 122 (90 pp))(McMichael, Jonathan) [Transferred from Washington Western on 4/26/2018.] |
| Filing 33 UNREDACTED SEALED #31 Response to Order to Show Cause, by Plaintiff National Products, Inc (McMichael, Jonathan) [Transferred from Washington Western on 4/26/2018.] |
| Filing 32 DECLARATION of Jonathan T. McMichael re #31 Response to Order to Show Cause by Plaintiff National Products, Inc (Attachments: #1 Exhibit A - 2018 01 03 Order Granting Defendant's Motion to Dismiss (7 pp), #2 Exhibit B - 2017 09 07 Declaration of Jeffrey D. Carnevali (3 pp), #3 Exhibit C - 2018 01 09 NPI's Amended Initial Disclosures (iBolt) (10 pp), #4 Exhibit D - [REDACTED] Brassard 30(b)(6) Wireless (Conf. & AEO) 02-01-2018 (Excerpts) (1 pp), #5 Exhibit E - [REDACTED] Brassard 30(b)(6) 121 (1 pp), #6 Exhibit F - [REDACTED] Brassard 30(b)(6) 101 [Lindner 101-annotated] (1 pp), #7 Exhibit G - [REDACTED] Lindner - 02-01-2018 (Excerpts) (1 pp), #8 Exhibit H - [REDACTED] Brassard 30(b)(6) 120 (1 pp), #9 Exhibit I - Brassard 30(b)(6) 128 (4 pp), #10 Exhibit J - [REDACTED] Brassard 30(b)(6) 122 (1 pp))(McMichael, Jonathan) [Transferred from Washington Western on 4/26/2018.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff National Products, Inc (McMichael, Jonathan) [Transferred from Washington Western on 4/26/2018.] |
| Filing 30 DECLARATION of Jonathan T. McMichael filed by Plaintiff National Products, Inc re #29 MOTION to Seal Documents Related to Its #31 Response to Order to Show Cause (McMichael, Jonathan) Modified on 4/4/2018 to add document relationship to #31 Response (PM). [Transferred from Washington Western on 4/26/2018.] |
| Filing 29 MOTION to Seal Documents Related to Its Response to Order to Show Cause, filed by Plaintiff National Products, Inc. (Attachments: #1 Proposed Order) Noting Date 4/13/2018, (McMichael, Jonathan) [Transferred from Washington Western on 4/26/2018.] |
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Defendant Wireless Accessory Solutions, LLC (Breitenbucher, James) [Transferred from Washington Western on 4/26/2018.] |
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Filing 27
ORDER directing NPI and iBolt to SHOW CAUSE within 10 days of the filing of this order why the court should not transfer the non-patent claims along with the patent claim; GRANTING Defendants Arkon's and High Gear's (Dkt. #107, 109 in C15-1984JLR) Rule 12 venue Motions and transfers NPI's patent case against Arkon to the Central District of California and NPI's patent case against High Gear to the Middle District of Florida. The court also GRANTS iBolt's Rule 12 venue motion (Dkt. # 111 in C15-1984JLR) but defers transferring NPI's patent claim against iBolt to the Central District of California until the court receives iBolt's and NPI's responses to the court's order to show cause. The court ORDERS iBolt to file its response to the court's order to show cause in docket number C15-2024JLR. Further, the court ORDERS the parties in NPI's two remaining cases against iBolt and Bracketron, Inc. (Bracketron) to file any further submissions under each case's original filing number. Specifically, the parties in the iBolt matter should file any new submissions under docket number C15-2024JLR and the parties in the Bracketron matter should file any new submissions under docket number C16-0109JLR. Signed by Judge James L. Robart. (PM) [Transferred from Washington Western on 4/26/2018.]
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Filing 26
ORDER granting (Dkt. #73 in C15-1984 JLR) Stipulated Motion for Revised Schedule as follows: Joint Claim Construction and Prehearing Statement (LPR 132) due 7/10/2017, Simultaneous Opening Markman Briefs (LPR 134) due 7/20/2017, Simultaneous Responsive Markman Briefs (LPR 134) due 8/10/2017, Markman Hearing set for 9/19/2017 at 9:00 a.m., Reports from expert witnesses under FRCP 26(a)(2) due 12/1/2017, Rebuttal expert reports due 12/22/2017, Discovery Motions due by 1/26/2018, Discovery completed by 2/1/2018. Signed by Judge James L. Robart. (PM) [Transferred from Washington Western on 4/26/2018.]
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| Filing 25 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: David Tellekson, Jonathan McMichael; Def Counsel: James Wendell, Marc Karish (by telephone); CR: Nickie Drury; Status Conference held on 4/7/2016. This court will handle all cases through the conclusion of discovery/Markman matters. All current scheduling orders/deadlines are vacated. All pleadings shall be filed in C15-1984JLR. The deadline for joining of additional parties is May 23, 2016. The court adopts the parties' Joint Memorandum Regarding Consolidation. (CC) [Transferred from Washington Western on 4/26/2018.] |
| Filing 24 MEMORANDUM re #23 Minute Order, Regarding Consolidation (JOINT) by Plaintiff National Products, Inc, Counter Defendant National Products, Inc (Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 23 MINUTE ORDER - The parties are directed to file joint or separate memorandums regarding suggested ways to handle the consolidated cases. Joint or separate memorandums are due by April 4, 2016. A status conference is scheduled Thursday, April 7, 2016, at 10:30 a.m. (CC) [Transferred from Washington Western on 4/26/2018.] |
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Filing 22
ORDER REASSIGNING CASE. Case reassigned to Judge James L. Robart for purposes of all discovery and pretrial motions. Case will be reassigned back to Judge Marsha J. Pechman for trial; by Judge Marsha J. Pechman. cc: JLR.(RM) [Transferred from Washington Western on 4/26/2018.]
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| Filing 21 NOTICE OF RELATED CASE ; filed by Plaintiff National Products, Inc, Counter Defendant National Products, Inc. (Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 20 JOINT STATUS REPORT signed by all parties estimated Trial Days: 5 days. (Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 19 NOTICE OF ORDER REGARDING STIPULATED MOTION TO CONSOLIDATE CASES re #18 Notice-Other, ; filed by Plaintiff National Products, Inc, Counter Defendant National Products, Inc. (Attachments: #1 Exhibit A - ORDER Denying Mtn to Consolidate Cases (3 pp))(Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 18 NOTICE OF FILING OF STIPULATED MOTION TO CONSOLIDATE CASES ; filed by Plaintiff National Products, Inc, Counter Defendant National Products, Inc. (Attachments: #1 Exhibit A - Stipulated Mtn and Prpsd Order to Consolidate Cases)(Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 17 NOTICE of Related Case(s) 2:15-cv-01984-RAJ; 2:15-cv-01985-JLR; 2:16-cv-00109-JLR, by Plaintiff National Products, Inc, Counter Defendant National Products, Inc. (Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
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Filing 16
STANDING ORDER FOR PATENT CASES by Judge Marsha J. Pechman. (RM) [Transferred from Washington Western on 4/26/2018.]
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| Filing 15 NOTICE of Appearance by attorney Jonathan T McMichael on behalf of Plaintiff National Products, Inc, Counter Defendant National Products, Inc. (McMichael, Jonathan) [Transferred from Washington Western on 4/26/2018.] |
| Filing 14 NOTICE of Appearance by attorney Ewa M. Davison on behalf of Plaintiff National Products, Inc, Counter Defendant National Products, Inc. (Davison, Ewa) [Transferred from Washington Western on 4/26/2018.] |
| Filing 13 ANSWER to #8 Answer to Complaint, Counterclaim,, by National Products, Inc.(Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
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Filing 12
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/14/2016, FRCP 26f Conference Deadline is 2/29/2016, Initial Disclosure Deadline is 3/7/2016, by Judge Marsha J. Pechman. (RM) [Transferred from Washington Western on 4/26/2018.]
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| Attorney Jayson W Sowers added for Wireless Accessory Solutions, LLC. per #8 Answer to Complaint, Counterclaim. (PM) [Transferred from Washington Western on 4/26/2018.] |
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Filing 11
ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marc A Karish for Defendant Wireless Accessory Solutions, LLC, and for Counterclaimant Wireless Accessory Solutions, LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 1/26/2016 (DS). [Transferred from Washington Western on 4/26/2018.]
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| Filing 10 APPLICATION OF ATTORNEY Marc A. Karish FOR LEAVE TO APPEAR PRO HAC VICE for Counter Claimant Wireless Accessory Solutions, LLC, Defendant Wireless Accessory Solutions, LLC (Fee Paid) Receipt No. 0981-4313923 (Breitenbucher, James) [Transferred from Washington Western on 4/26/2018.] |
| Filing 9 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Wireless Accessory Solutions, LLC (Breitenbucher, James) [Transferred from Washington Western on 4/26/2018.] |
| Filing 8 ANSWER to #1 Complaint,,, with JURY DEMAND Attorney James Erik Breitenbucher added to party Wireless Accessory Solutions, LLC(pty:dft), COUNTERCLAIM against plaintiff National Products, Inc by Wireless Accessory Solutions, LLC. (Attachments: #1 Exhibit A)(Breitenbucher, James) [Transferred from Washington Western on 4/26/2018.] |
| Filing 7 AFFIDAVIT of Service of Summons and Complaint on Steven V. Hull, Registered Agent for Wireless Accessory Solutions, LLC, d/b/a iBolt - Wireless Accessory Solutions, LLC on 1/4/2016, filed by Plaintiff National Products, Inc. (Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 6 Summons electronically issued as to defendant(s) Wireless Accessory Solutions, LLC. (DJ) [Transferred from Washington Western on 4/26/2018.] |
| Filing 5 REPORT on the filing or determination of an action regarding a Trademark. E-mailed to the US Patent Office. (DJ) [Transferred from Washington Western on 4/26/2018.] |
| Filing 4 REPORT on the filing or determination of an action regarding a Trademark. E-mailed to the US Patent Office. (DJ) PLEASE REFER TO DKT ENTRY #5. [Transferred from Washington Western on 4/26/2018.] |
| Filing 3 REPORT on the filing or determination of an action regarding a Patent E-mailed to the US Patent Office. (DJ) [Transferred from Washington Western on 4/26/2018.] |
| Judge Marsha J. Pechman added. (DJ) [Transferred from Washington Western on 4/26/2018.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by National Products, Inc (Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
| Filing 1 COMPLAINT against defendant(s) Wireless Accessory Solutions, LLC, d/b/a iBolt - Wireless Accessory Solutions, LLC with JURY DEMAND (Receipt # 0981-4283155) Attorney David K Tellekson added to party National Products, Inc(pty:pla), filed by National Products, Inc. (Attachments: #1 Exhibit A - US Pat. 6,585,212 (13 pp), #2 Exhibit B - NPI v Gamber 4.7.05 Am Complaint (11 pp), #3 Exhibit C - NPI v Gamber 10.2.06 Consent Jdgmt (9 pp), #4 Exhibit D - Trade Dress App 85632977(6) (24 pp), #5 Exhibit E - TM Cert. Reg. 4,254,086 (3 pp), #6 Summons, #7 Civil Cover Sheet, #8 Report on Patents and Trademarks (AO Form 120) Re US Patent, #9 Report on Patents and Trademarks (AO Form 120) Re US Trademark)(Tellekson, David) [Transferred from Washington Western on 4/26/2018.] |
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