Breathe Technologies, Inc. v. Inogen, Inc.
Plaintiff: Breathe Technologies, Inc.
Defendant: Inogen, Inc.
Case Number: 8:2020cv00630
Filed: March 31, 2020
Court: US District Court for the Central District of California
Presiding Judge: David O Carter
Referring Judge: John D Early
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2020 Filing 31 (Answer to Counterclaim) ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #28 filed by Plaintiff and Counterclaim-Defendant Breathe Technologies, Inc..(Hankins, Stephen)
June 5, 2020 Opinion or Order Filing 30 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 7/27/2020 at 08:30 AM before Judge David O. Carter. (kd)
June 5, 2020 Filing 29 Certification and NOTICE of Interested Parties filed by Defendant Inogen, Inc., (Sganga, John)
June 5, 2020 Filing 28 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against Breathe Technologies, Inc. filed by Defendant Inogen, Inc..(Attorney John B Sganga, Jr added to party Inogen, Inc.(pty:dft))(Sganga, John)
June 4, 2020 Filing 27 SCHEDULING NOTICE by Judge David O. Carter re: Status Report #26 . In view of the foregoing, the parties agree that the stay should not be extended, and that Defendant will answer or otherwise respond to Plaintiffs Complaint on June 5, 2020, per the Courts Order #25 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
June 3, 2020 Filing 26 STATUS REPORT (Joint) Regarding Lifting the Stay on this Action filed by Plaintiff Breathe Technologies, Inc.. (Hankins, Stephen)
April 22, 2020 Opinion or Order Filing 25 ORDER by Judge David O. Carter, Granting Stipulation for Temporary Stay of Lawsuit #24 . SEE DOCUMENT FOR FURTHER INFORMATION. ( Status Report due by 6/3/2020.) (twdb)
April 22, 2020 Filing 24 STIPULATION for Order for a Temporary Stay of Lawsuit filed by Defendant Inogen, Inc.. (Attachments: #1 Proposed Order)(Zovko, Nicholas)
April 22, 2020 Filing 23 STIPULATION Extending Time to Answer the complaint as to Inogen, Inc. answer now due 5/22/2020, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Inogen, Inc..(Attorney Nicholas Matthew Zovko added to party Inogen, Inc.(pty:dft))(Zovko, Nicholas)
April 20, 2020 Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #21 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb)
April 17, 2020 Filing 21 PROOF OF SERVICE Executed by Plaintiff Breathe Technologies, Inc., upon Defendant Inogen, Inc. served on 4/3/2020, answer due 4/24/2020. Service of the Summons and Complaint were executed upon Corporation Service Company the Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Hankins, Stephen)
April 15, 2020 Opinion or Order Filing 20 ORDER by Judge David O. Carter: Granting #7 Non-Resident Attorney Michael H. Fleck APPLICATION to Appear Pro Hac Vice on behalf of Breathe Technologies, Inc. Plaintiff, designating Jennifer R. Steeve as local counsel; granting #15 Non-Resident Attorney Michael H. Fleck APPLICATION to Appear Pro Hac Vice on behalf of Breathe Technologies, Inc. Plaintiff, designating Jennifer R. Steeve as local counsel. (twdb)
April 15, 2020 Opinion or Order Filing 19 ORDER by Judge David O. Carter: Granting #6 Non-Resident Attorney Louis A. Klapp APPLICATION to Appear Pro Hac Vice on behalf of Breathe Technologies, Inc. Plaintiff, designating Jennifer R. Steeve as local counsel; Granting #14 Non-Resident Attorney Louis A. Klapp APPLICATION to Appear Pro Hac Vice on behalf of Breathe Technologies, Inc. Plaintiff, designating Jennifer R. Steeve as local counsel. (twdb)
April 13, 2020 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement, #16 , Supplement, #17 . The following error(s) was/were found: Title page is missing. The Certificate of Good Standing should have been efiled and attached to the Applications as complete set. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
April 10, 2020 Filing 17 SUPPLEMENT to APPLICATION of Non-Resident Attorney Michael H. Fleck to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 4/2/2020, Receipt No. 25946594) #15 filed by Plaintiff Breathe Technologies, Inc.. (Steeve, Jennifer)
April 10, 2020 Filing 16 SUPPLEMENT to APPLICATION of Non-Resident Attorney Louis A. Klapp to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 4/2/2020, Receipt No. 25946361) #14 filed by Plaintiff Breathe Technologies, Inc.. (Steeve, Jennifer)
April 8, 2020 Filing 15 APPLICATION of Non-Resident Attorney Michael H. Fleck to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 4/2/2020, Receipt No. 25946594) filed by Plaintiff Breathe Technologies, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Steeve, Jennifer)
April 8, 2020 Filing 14 APPLICATION of Non-Resident Attorney Louis A. Klapp to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 4/2/2020, Receipt No. 25946361) filed by Plaintiff Breathe Technologies, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Steeve, Jennifer)
April 8, 2020 Filing 13 NOTICE of Appearance filed by attorney Jennifer R Steeve on behalf of Plaintiff Breathe Technologies, Inc. (Attorney Jennifer R Steeve added to party Breathe Technologies, Inc.(pty:pla))(Steeve, Jennifer)
April 3, 2020 Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Louis A. Klapp to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. BCACDC-25946361) #6 , APPLICATION of Non-Resident Attorney Michael H. Fleck to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25946594) #7 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe)
April 3, 2020 Filing 11 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd)
April 2, 2020 Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
April 2, 2020 Filing 9 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge John D. Early. (lh)
April 2, 2020 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Inogen, Inc. (lh)
April 2, 2020 Filing 7 APPLICATION of Non-Resident Attorney Michael H. Fleck to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25946594) filed by Plaintiff Breathe Technologies, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Hankins, Stephen)
April 2, 2020 Filing 6 APPLICATION of Non-Resident Attorney Louis A. Klapp to Appear Pro Hac Vice on behalf of Plaintiff Breathe Technologies, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. BCACDC-25946361) filed by Plaintiff Breathe Technologies, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Hankins, Stephen)
March 31, 2020 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Breathe Technologies, Inc.. (Hankins, Stephen)
March 31, 2020 Filing 4 NOTICE of Interested Parties filed by Plaintiff Breathe Technologies, Inc., identifying Breathe Technologies, Inc.; Hill-Rom, Inc.; and Hill-Rom Holdings, Inc.. (Hankins, Stephen)
March 31, 2020 Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Breathe Technologies, Inc.. (Hankins, Stephen)
March 31, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Breathe Technologies, Inc.. (Hankins, Stephen)
March 31, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25923184 - Fee: $400, filed by Plaintiff Breathe Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Attorney Stephen Maxwell Hankins added to party Breathe Technologies, Inc.(pty:pla))(Hankins, Stephen)

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Plaintiff: Breathe Technologies, Inc.
Represented By: Stephen Maxwell Hankins
Represented By: Jennifer R Steeve
Represented By: Louis A Klapp
Represented By: Michael Harrington Fleck
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Defendant: Inogen, Inc.
Represented By: Nicholas Matthew Zovko
Represented By: John B Sganga, Jr
Represented By: Nicole Rossi Townes
Represented By: Brandon Geoffrey Smith
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