Breathe Technologies, Inc. v. New Aera, Inc. et al
Plaintiff: Breathe Technologies, Inc.
Defendant: New Aera, Inc., Silverbow Development LLC, Todd W. Allum and Inogen, Inc.
Case Number: 5:2019cv07691
Filed: November 21, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Susan van Keulen
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2020 Filing 19 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 2/10/2020. Initial Case Management Conference set for 2/20/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 1/2/2020)
January 2, 2020 Opinion or Order Filing 18 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila and Magistrate Judge Susan van Keulen for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 01/02/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 1/2/2020)
December 30, 2019 Filing 17 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 12/30/2019)
December 23, 2019 Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Breathe Technologies, Inc... (Hankins, Stephen) (Filed on 12/23/2019)
December 9, 2019 Filing 15 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/23/2019. (ig, COURT STAFF) (Filed on 12/9/2019)
December 3, 2019 Opinion or Order Filing 14 ORDER by Magistrate Judge Donna M. Ryu granting #12 Michael H. Fleck's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 12/3/2019)
December 3, 2019 Opinion or Order Filing 13 ORDER by Magistrate Judge Donna M. Ryu granting #11 Louis A. Klapp III's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 12/3/2019)
December 2, 2019 Filing 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13939319.) filed by Breathe Technologies, Inc.. (Fleck, Michael) (Filed on 12/2/2019)
December 2, 2019 Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13939271.) filed by Breathe Technologies, Inc.. (Klapp, Louis) (Filed on 12/2/2019)
November 22, 2019 Filing 10 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/12/2020. Initial Case Management Conference set for 2/19/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 11/22/2019)
November 22, 2019 Filing 9 REPORT on the filing of an action regarding patent infringement(cc: form mailed to register). (jmlS, COURT STAFF) (Filed on 11/22/2019)
November 22, 2019 Filing 8 Summons Issued as to Todd W. Allum, Inogen, Inc., New Aera, Inc., Silverbow Development LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons)(jmlS, COURT STAFF) (Filed on 11/22/2019)
November 22, 2019 Filing 7 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/6/2019. (ajsS, COURT STAFF) (Filed on 11/22/2019)
November 21, 2019 Filing 6 Proposed Summons. (Hankins, Stephen) (Filed on 11/21/2019)
November 21, 2019 Filing 5 Proposed Summons. (Hankins, Stephen) (Filed on 11/21/2019)
November 21, 2019 Filing 4 Proposed Summons. (Hankins, Stephen) (Filed on 11/21/2019)
November 21, 2019 Filing 3 Proposed Summons. (Hankins, Stephen) (Filed on 11/21/2019)
November 21, 2019 Filing 2 Corporate Disclosure Statement by Breathe Technologies, Inc. identifying Corporate Parent Hill-Rom Company, Inc., Corporate Parent Hill-Rom Holdings, Inc. for Breathe Technologies, Inc.. (Hankins, Stephen) (Filed on 11/21/2019)
November 21, 2019 Filing 1 COMPLAINT with jury demand against All Defendants. Filed by Breathe Technologies, Inc. (Filing Fee $400; Receipt No. 0971-13916040) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Hankins, Stephen) (Filed on 11/21/2019) Modified on 11/22/2019 (ajsS, COURT STAFF). Modified on 11/22/2019 (jmlS, COURT STAFF).

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Plaintiff: Breathe Technologies, Inc.
Represented By: Stephen Maxwell Hankins
Represented By: Michael Harrington Fleck
Represented By: Louis Anding Klapp, III
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Defendant: New Aera, Inc.
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Defendant: Silverbow Development LLC
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Defendant: Todd W. Allum
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Defendant: Inogen, Inc.
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