Eclipse IP LLC v. McKinley Equipment Corporation
Plaintiff: Eclipse IP LLC
Defendant: McKinley Equipment Corporation
Case Number: 8:2014cv00742
Filed: May 13, 2014
Court: US District Court for the Central District of California
Presiding Judge: Andrew J Wistrich
Referring Judge: George H Wu
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 7, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2014 Filing 31 NOTIFICATION by Circuit Court of Appellate Docket Number 15-1024, FEDERAL Notice of Appeal to Federal Circuit Court of Appeals #29 as to Appellant Eclipse IP LLC. (mat)
October 3, 2014 TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #29 . (dmap)
October 1, 2014 Filing 30 REPRESENTATION STATEMENT re Notice of Appeal to Federal Circuit Court of Appeals #29 . (Woods, Tyler)
October 1, 2014 Filing 29 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Eclipse IP LLC. Appeal of Order Dismissing Case, #26 (Appeal fee of $505 receipt number 0973-14550324 paid.) (Woods, Tyler)
October 1, 2014 Filing 28 TRANSCRIPT for proceedings held on 9/4/14 8:57 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number www.katiethibodeaux.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/22/2014. Redacted Transcript Deadline set for 11/1/2014. Release of Transcript Restriction set for 12/30/2014. (Thibodeaux, Katie)
September 8, 2014 Filing 27 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 CO) (pj)
September 4, 2014 Filing 26 RULING ON MOTION TO DISMISS FOR LACK OF PATENTABLE SUBJECT MATTER by Judge George H. Wu, #25 For the foregoing reasons, the Court would GRANT the Motion and DISMISS the case because681 Patent claims 1, 3, 4, and 6, 716 Patent claims 1, 2, 4, 6, 7, 18, 19, 20, 41, 43, 44, 45, and 46, and 110 Patent claims 1, 2, 7, and 8 fail to satisfy 35 U.S.C. Section 101. Case Terminated. Made JS-6. (pj) Modified on 9/8/2014 (pj).
September 4, 2014 Filing 25 MINUTES OF DEFENDANT MCKINLEY EQUIPMENT CORPORATION'SMOTION TO DISMISS #22 Motion to Dismiss Case ; Motion Hearing held before Judge George H. Wu: The Courts Tentative Ruling is circulated. Court hears oral argument. For reasons stated on the record, Defendants motion is GRANTED. Court to issue its ruling.Court Reporter: Katie Thibideaux. (pj)
August 21, 2014 Filing 24 REPLY MOTION to Dismiss Case for failure to state a claim upon which relief can be granted #22 filed by Defendant McKinley Equipment Corporation. (Durie, Daralyn)
August 14, 2014 Filing 23 MEMORANDUM in Opposition to MOTION to Dismiss Case for failure to state a claim upon which relief can be granted #22 filed by Plaintiff Eclipse IP LLC. (Attachments: #1 Declaration of D. McClure)(Woods, Tyler)
July 25, 2014 Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case for failure to state a claim upon which relief can be granted filed by Defendant McKinley Equipment Corporation. Motion set for hearing on 9/4/2014 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum in Support of Defendant's Motion to Dismiss, #2 Proposed Order granting Defendant's Motion to Dismiss)(Durie, Daralyn)
July 7, 2014 Filing 21 MINUTES OF TELEPHONIC Status Conference held before Judge George H. Wu:, The above-entitled action is consolidated with Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV14-154-GW(AJWx) for all pretrial proceedings. Parties are advised that all subsequent filings will be filed in Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV 14-154-GW(AJWx)Court and counsel confer re order issued on July 3, 2014 #19 . Parties will meet and confer re scheduling and file a proposed schedule filed by July 11, 2014.The Court sets the Markman Hearing for December 8, 2014 at 8:30 a.m. Court Reporter: Katie Thibideaux. (pj)
July 7, 2014 Filing 20 NOTICE of Related Case(s) filed by Defendant McKinley Equipment Corporation. Related Case(s): 14-5206 (Durie, Daralyn)
July 3, 2014 Opinion or Order Filing 19 MINUTE ORDER RE JULY 7, 2014 STATUS CONFERENCE (IN CHAMBERS) by Judge George H. Wu: **SEE DOCUMENT FOR DETAILS** (jag)
June 30, 2014 Filing 18 REQUEST for Order for ORDER Coordinating and Staying Cases Request for telephonic appearance filed by Defendant McKinley Equipment Corporation. Request set for hearing on 7/7/2014 at 08:30 AM before Judge George H. Wu. (Durie, Daralyn)
June 26, 2014 Filing 17 Certification and Notice of Interested Parties filed by Defendant McKinley Equipment Corporation, identifying ServiceMax (Third Party Supplier of Accused Product). (Klein, Elizabeth)
June 26, 2014 Filing 16 NOTICE of Appearance filed by attorney Elizabeth O Klein on behalf of Defendant McKinley Equipment Corporation (Attorney Elizabeth O Klein added to party McKinley Equipment Corporation(pty:dft))(Klein, Elizabeth)
June 26, 2014 Filing 15 CORPORATE DISCLOSURE STATEMENT MADE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 filed by Defendant McKinley Equipment Corporation (Durie, Daralyn)
June 26, 2014 Filing 14 NOTICE of Appearance filed by attorney Daralyn J Durie on behalf of Defendant McKinley Equipment Corporation (Attorney Daralyn J Durie added to party McKinley Equipment Corporation(pty:dft))(Durie, Daralyn)
June 24, 2014 Filing 13 PROOF OF SERVICE Executed by Plaintiff Eclipse IP LLC, upon Defendant McKinley Equipment Corporation served on 6/13/2014, answer due 7/4/2014. Service of the Summons and Complaint were executed upon Irma Hernandez, Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Woods, Tyler)
June 24, 2014 Filing 12 Filing in Compliance re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings,,,,,,,,,,,,,,,,,,,,,,,, #11 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Woods, Tyler)
June 10, 2014 Opinion or Order Filing 11 MINUTE ORDER IN CHAMBERS ORDER Coordinating and Staying Cases by Judge George H. Wu: The Court was presiding over two cases filed by Eclipse IP LLC ("Eclipse"); Exlipse IP, LLC v. Dolls Kill, Inc., CV13-1855, and Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV14-00154, and has accepted related case transfer of seven cases Eclipse filed involving an overlaping constellation of patents from the same family; Nos. 7,064,681; 7,113,110; 7,119,716; 7,319,414; 7,479,899; 7,482,952; 7,876,239; 8,232,899; 8,531,317; and 7,564,459. Those related cases are: 1. Eclipse IP LLC v. Safeway Inc., CV14-00376, 2. Eclipse IP LLC v. Tri Starr Management Services Inc., CV14-00578, 3. Eclipse IP LLC v. Dogeared Jewels and Gifts LLC, CV14-00643, 4. Eclipse IP LLC v. Vapour Organic Beauty Inc., CV14-00644, 5. Eclipse IP LLC v. Title 9 Sports Inc., CV14-00645, 6. Eclipse IP LLC v. Backcountry.com Inc., CV14-00646, 7. Eclipse IP LLC v. McKinley Equipment Corporation, CV14-00742. These nine related cases are collectively referred to as the "Eclipse Cases." All of the Eclipse cases that remain pending are hereby COORDINATED for case management purposes. The Eclipse Cases are hereby STAYED with the exception of the below-described activity. All pending motions are hereby taken off calendar, and, if appropriate, can be reinstated with any necessary modification once the stay is lifted. Plaintiff is ORDERED to file a status report with the Court no later than 14 days after the filing of this Order, certifying service of this Order (attaching proof of service if not effected through CM/ECF), and providing two summary charts showing which defendants are alleged to infringe which claims of which patents; one organized by defendant, the other by patent and claim. The Court also VACATES the scheduling conference set for June 23, 2014 and sets a Status Conference for the Eclipse Cases on July 7, 2014 at 8:30 a.m. to discuss lifting the stay and future scheduling of matters in the actions. Parties may appear telephonically with advanced arrangement with the Court Clerk. (bp)
June 10, 2014 Opinion or Order Filing 10 Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials by Judge George H. Wu. (See attached document for requirements.) (lom)
June 9, 2014 Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Scott J Ferrell counsel for Plaintiff Eclipse IP LLC. Filed by Plaintiff Eclipse IP LLC. (Ferrell, Scott)
June 6, 2014 Opinion or Order Filing 8 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV 14-00154 GW(AJWx). Case transferred from Judge Andrew J. Guilford and Magistrate Judge Arthur Nakazato to Judge George H. Wu and Magistrate Judge Andrew J. Wistrich for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV 14-00742 GW(AJWx). Signed by Judge George H. Wu (rn) Modified on 6/6/2014 (rn). (Main Document 8 replaced on 6/6/2014) (rn).
May 14, 2014 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (em)
May 14, 2014 Filing 6 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Arthur Nakazato. (em)
May 13, 2014 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (em)
May 13, 2014 Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Eclipse IP LLC identifying Other Affiliate Peter Schoenthaler for Eclipse IP LLC. (em)
May 13, 2014 Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eclipse IP LLC. (em)
May 13, 2014 Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant McKinley Equipment Corporation. (em)
May 13, 2014 Filing 1 COMPLAINT against Defendant McKinley Equipment Corporation. Case assigned to Judge Andrew J. Guilford for all further proceedings. Discovery referred to Magistrate Judge Arthur Nakazato. (Filing fee $400 Paid.) Jury Demanded. Filed by Plaintiff Eclipse IP LLC. (Attachments: #1 Complaint-Part 2) (em)

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Plaintiff: Eclipse IP LLC
Represented By: Scott J Ferrell
Represented By: Tyler J Woods
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Defendant: McKinley Equipment Corporation
Represented By: Elizabeth Offen Brown Klein
Represented By: Daralyn J Durie
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