American GNC Corporation v. GoPro, Inc. et al
American GNC Corporation |
Robert Bosch GmbH, Bosch Sensortec GmbH and GoPro, Inc. |
4:2018cv06778 |
November 9, 2018 |
US District Court for the Northern District of California |
Haywood S Gilliam |
Donna M Ryu |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on February 19, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 64 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for February 5, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 29, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:18-cv-06778-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/13/2018) |
Filing 63 ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Executive Committee on 12/3/2018. (jmlS, COURT STAFF) (Filed on 12/3/2018) |
Filing 62 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. (jjbS, COURT STAFF) (Filed on 11/29/2018) |
Filing 61 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American GNC Corporation.. (Berten, David) (Filed on 11/29/2018) |
Filing 60 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by GoPro, Inc... (Brausa, Adam) (Filed on 11/29/2018) |
Filing 59 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bosch Sensortec GmbH, Robert Bosch GmbH.. (Rutowski, Diana) (Filed on 11/29/2018) |
Filing 58 NOTICE of Appearance by David Powers Berten (Berten, David) (Filed on 11/29/2018) |
Filing 57 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants 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 11/29/2018. (ig, COURT STAFF) (Filed on 11/15/2018) |
Filing 55 Case transferred in from District of California Southern; Case Number 3:18-cv-00968. Original file certified copy of transfer order and docket sheet received. |
Filing 54 ORDER: (1) DENYING DEFENDANT RB GmbH's RULE 12(b)(2) MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION #32 , #39 ; (2) GRANTING DEFENDANTS GOPRO AND BOSCH SENSORTEC'S MOTION TO TRANSFER VENUE #37 AND (3) TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA. Case transferred to the United States District Court, Northern District of California. Files transferred electronically to: District of Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102. Signed by Judge Cynthia Bashant on 11/6/2018. (Attachments: #1 Transfer Order) (sjm) |
Filing 53 DOCKETED IN ERROR. ORDER: (1) DENYING DEFENDANT RB GmbH's RULE 12(b)(2) MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION #32 , #39 ; (2) GRANTING DEFENDANTS GOPRO AND BOSCH SENSORTEC'S MOTION TO TRANSFER VENUE #37 AND (3) TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA. Case transferred to the United States District Court, Northern District of California. Files transferred electronically to: District of Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102. Signed by Judge Cynthia Bashant on 11/6/2018. (sjm) (Additional attachment(s) added on 11/7/2018: #1 Order) (sjm). Modified on 11/7/2018 (sjm). |
Filing 52 STIPULATED ORDER Governing Discovery of Electronically Stored Information in Patent Cases granting #51 Joint Motion for Production of Electronically Stored Information (ESI). Signed by Magistrate Judge Barbara Lynn Major on 10/22/2018. (jah) |
Filing 51 Joint MOTION for Production of Electronically Stored Information (ESI) by Bosch Sensortec GmbH. (Rutowski, Diana). Modified on 10/22/2018 - No pdf for Motion, attached pdf is Proposed Order. Text has double wording. Proof of Service has s/ of staff. QC Email sent re L.R 7.1 and ECF 2.h, and to file Corrected Proof of Service. Removed duplicate text (jah). |
Filing 50 NOTICE of Appearance by Frances Sargent Cheever on behalf of Bosch Sensortec GmbH (Cheever, Frances). Attorney Frances Sargent Cheever added to party Bosch Sensortec GmbH (pty:dft). (jah). |
Filing 49 NOTICE of Appearance by Diana Marie Rutowski on behalf of Bosch Sensortec GmbH (Rutowski, Diana). Attorney Diana Marie Rutowski added to party Bosch Sensortec GmbH (pty:dft). (jah). |
Filing 48 REPLY to Response to Motion re #37 MOTION to Change Venue filed by GoPro, Inc.. (Attachments: #1 Declaration of Chinwuba Ezekwe, #2 Declaration of Timothy Horgan-Kobelski, #3 Index to Exhibits to the Declaration of Timothy Horgan-Kobelski, #4 Exhibit A to Declaration of Timothy Horgan-Kobelski, #5 Exhibit B to Declaration of Timothy Horgan-Kobelski, #6 Exhibit C to Declaration of Timothy Horgan-Kobelski, #7 Exhibit D to Declaration of Timothy Horgan-Kobelski, #8 Exhibit E to Declaration of Timothy Horgan-Kobelski, #9 Exhibit F to Declaration of Timothy Horgan-Kobelski, #10 Exhibit G to Declaration of Timothy Horgan-Kobelski)(Brausa, Adam). (jah). |
Filing 47 ORDER granting with modification #45 Joint Motion for Protective Order. Signed by Magistrate Judge Barbara Lynn Major on 10/10/2018. (jah) |
Filing 46 REPLY to Response to Motion re #39 Corrected MOTION to Dismiss for Lack of Personal Jurisdiction filed by Robert Bosch GmbH. (De Blank, Bas). (jah). |
Filing 45 Joint MOTION for Protective Order by GoPro, Inc.. (Brausa, Adam). Modified on 10/10/2018 - Not properly captioned. Missing filing atty's contact information and pdf is titled as Proposed Order. QC Email sent re L.R. 5.1.j.1 (jah). |
Filing 44 RESPONSE in Opposition re #37 MOTION to Change Venue filed by American GNC Corporation. (Attachments: #1 Exhibit GoPro article, #2 Exhibit GoPro article, #3 Exhibit GoPro article, #4 Exhibit GoPro article, #5 Exhibit GoPro employee profiles, #6 Exhibit GoPro article, #7 Exhibit Bosch Sensortec profile, #8 Exhibit post TC Heartland statistics)(Richards, Alison) |
Filing 43 ORDER granting #42 Joint Motion for Extension of Time to File Reply re #39 Corrected MOTION to Dismiss for Lack of Personal Jurisdiction. Defendant Robert Bosch GmbH shall file reply by 10/9/2018. Signed by Judge Cynthia Bashant on 10/3/2018. (jah) |
Filing 42 Joint MOTION for Extension of Time to File Reply as to #39 Corrected MOTION to Dismiss for Lack of Personal Jurisdiction by Robert Bosch GmbH. (De Blank, Bas). (jah). |
Filing 41 RESPONSE in Opposition re #32 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction filed by American GNC Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Richards, Alison) (aef). |
Filing 40 ORDER Terminating Motion. Defendant Robert Bosch GmbH filed a Corrected Notice #39 for its previously filed Motion to Dismiss #32 . The filings are otherwise identical. Court terminates #32 Motion to Dismiss for Lack of Jurisdiction and construes the corrected filing #39 as timely. The parties are advised that motion hearing date are for briefing purposes only. Signed by Judge Cynthia Bashant on 9/25/2018. (jah) |
Filing 39 CORRECTED MOTION to Dismiss for Lack of Personal Jurisdiction by Robert Bosch GmbH. (De Blank, Bas). Modified on 9/25/2018 - Wrong event, not a Motion. QC Email sent. Corrected entry (jah). |
Filing 38 SCHEDULING ORDER IN A PATENT CASE: Case Management Conference was held on 9/10/2018. The parties must file a joint motion for protective order by 10/9/2018. Any motion to join other parties, to amend the pleadings, or to file additional pleadings must be file by 11/2/2018. The parties must file a joint motion for order governing Electronically Stored Information (ESI) by 10/19/2018. Joint Claim Construction Chart, Worksheet, and Hearing Statement must be filed by 1/25/2019. The deadline for filing, as of right, Amended Infringement Contentions by a party claiming infringement us 1/25/2019. The deadline for filing, as of right, Amended Invalidity Contentions by the party opposing infringement is 2/22/2019. The parties must simultaneously file opening briefs and any evidence supporting their claim construction by 3/8/2019. The parties must simultaneously file briefs responsive to the opposing party's opening brief by 3/22/2019. Claims Construction Hearing set for 4/10/2019 09:30 AM before Judge Cynthia Bashant. Counsel is ordered to contact the Chambers of Judge Major within 3 days of Judge Bashant's ruling on the Claim Construction to set the remaining dates. Signed by Magistrate Judge Barbara Lynn Major on 9/19/2018. (jah) |
Filing 37 MOTION to Change Venue by Bosch Sensortec GmbH, GoPro, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sandor Barna, #3 Declaration of Stefan Finkbeiner, #4 Declaration of Timothy Horgan-Kobelski, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36)(Brausa, Adam). Modified on 9/19/2018 - Wrong motion event. QC Email sent. Corrected motion event and text (jah). |
Filing 36 NOTICE of Appearance by Timothy Patrick Horgan-Kobelski on behalf of GoPro, Inc. (Horgan-Kobelski, Timothy). Attorney Timothy Patrick Horgan-Kobelski added to party GoPro, Inc. (pty:dft). (jah). |
Filing 35 NOTICE of Appearance by Allyson Roz Bennett on behalf of GoPro, Inc. (Bennett, Allyson). Attorney Allyson Roz Bennett added to party GoPro, Inc. (pty:dft). (jah). |
Filing 34 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Case Management Conference held on 9/10/2018. Case did not settle. Order to follow. (Plaintiff Attorney David Berten). (Defendant Attorney Bas De Blank, Adam Robert Brausa). (no document attached) (bll) |
Filing 33 SUMMONS Returned Executed by American GNC Corporation. Bosch Sensortec GmbH served. (Richards, Alison). Modified on 9/19/2018 - Attached pleading includes copy of Summons #2 translated in German (jah). |
Filing 32 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction by Robert Bosch GmbH. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Rainer Bischof)(De Blank, Bas). Modified on 9/17/2018 - Corrected motion event (jah). |
Filing 31 Corporate Disclosure Statement by Bosch Sensortec GmbH, Robert Bosch GmbH. No Corporate Parents/Interested Parties. (De Blank, Bas). (jah). |
Filing 30 ANSWER to #1 Complaint, with Jury Demand by Bosch Sensortec GmbH.(De Blank, Bas). (jah). |
Filing 29 ORDER granting Defendants' #28 Motion for Extension of Time to Answer re #1 Complaint. Defendants Bosch Sensortec GmbH and Robert Bosch GmbH shall answer to the Complaint by 9/10/2018. Signed by Judge Cynthia Bashant on 9/10/2018. (jah) |
Filing 28 MOTION for Extension of Time to File Answer re #1 Complaint by Bosch Sensortec GmbH, Robert Bosch GmbH. (De Blank, Bas). Modified on 9/10/2018 - Text has double wording. QC Email sent. Removed duplicate text (jah). |
Filing 27 JOINT HEARING STATEMENT by GoPro, Inc.. (Saulsbury, Timothy). (jah). |
Filing 26 ORDER denying Defendants' #24 Ex Parte Motion to Continue Early Neutral Evaluation Conference. Given the status of the case and content of the pleadings, Court finds it inappropriate to convene an ENE at this time. Court vacates the ENE scheduled for 9/10/2018. Telephonic, Attorneys-Only Case Management Conference set for 9/10/2018 02:00 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 8/31/2018. (jah) |
Filing 25 RESPONSE in Opposition to Motion re #24 Ex Parte MOTION to Continue Early Neutral Evaluation Conference by American GNC Corporation, Richards, Alison). Modified on 8/30/2018 - Wrong event. Corrected docket entry (jah). |
Filing 24 Ex Parte MOTION to Continue Early Neutral Evaluation Conference by Bosch Sensortec GmbH, Robert Bosch GmbH re #23 Notice and Order for Early Neutral Evaluation conference, (Attachments: #1Declaration of Diana Rutowski)(De Blank, Bas). Attorney Bas De Blank added to party Bosch Sensortec GmbH(pty:dft), Attorney Bas De Blank added to party Robert Bosch GmbH (pty:dft). Modified on 8/30/2018 - Wrong event, should be Motion. Declaration has s/ of Atty not associated in case. QC Email sent. Changed to Motion. Removed duplicate attachment description (jah). |
Filing 23 NOTICE AND ORDER for Early Neutral Evaluation Conference in Patent Case. Early Neutral Evaluation set for 9/10/2018 01:30 PM before Magistrate Judge Barbara Lynn Major. In the event the case does not settle at the ENE, Court will conduct an Initial Case Management Conference. The parties must file a joint Case Management Statement with Magistrate Judge Major by 9/4/2018. Signed by Magistrate Judge Barbara Lynn Major on 7/24/2018. (jah) |
Filing 22 ANSWER to #1 Complaint, with Jury Demand by GoPro, Inc..(Brausa, Adam). (jah). |
Filing 21 ORDER denying Defendant GoPro, Inc.'s #16 Motion to Stay the Proceedings. Defendant GoPro shall answer to the Complaint in accordance with the existing deadline. This Order is without prejudice to Defendant GoPro seeking a stay at a later point. Signed by Judge Cynthia Bashant on 7/18/2018. (jah) |
Filing 20 PRO HAC APPROVED: Alison A. Richards appearing for Plaintiff American GNC Corporation.(no document attached) (jrd) |
Filing 19 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11418629.)(Application to be reviewed by Clerk.)(Richards, Alison)(jrd) |
Filing 18 REPLY to Response to Motion re #16 MOTION to Stay filed by GoPro, Inc.. (Brausa, Adam). (jah). |
Filing 17 RESPONSE in Opposition re #16 MOTION to Stay filed by American GNC Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Markow, Gregory). Modified on 7/3/2018 - Proof of Service has s/ of different atty. QC Email sent re ECF signature policy (jah). |
Filing 16 MOTION to Stay by GoPro, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A)(Brausa, Adam). Modified on 6/29/2018 - Double wording in text. QC Email sent. Removed duplicate text (jah). |
Filing 15 ORDER granting Defendant GoPro's #14 Unopposed Motion for Extension of Time to Answer re #1 Complaint. Defendant GoPro, Inc. shall answer to Plaintiff's Complaint by 7/20/2018. Signed by Judge Cynthia Bashant on 6/7/2018. (jah) |
Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint by GoPro, Inc.. (Brausa, Adam). Modified on 6/8/2018 - Wrong event. QC Email sent. Corrected motion relief and added link to Complaint (jah). |
Filing 13 NOTICE of Party With Financial Interest by GoPro, Inc.. No Parties With Financial Interest. (Brausa, Adam). (jah). |
Filing 12 NOTICE of Appearance by Adam Robert Brausa on behalf of GoPro, Inc. (Brausa, Adam). Attorney Adam Robert Brausa added to party GoPro, Inc. (pty:dft). (jah). |
Filing 11 NOTICE of Appearance by Timothy Chen Saulsbury on behalf of GoPro, Inc. (Saulsbury, Timothy). Attorney Timothy Chen Saulsbury added to party GoPro, Inc. (pty:dft). (jah). |
Filing 10 NOTICE of Appearance by Mark A. Lemley on behalf of GoPro, Inc. (Lemley, Mark). Attorney Mark A. Lemley added to party GoPro, Inc.(pty:dft). (jah). |
Filing 9 ORDER granting in part and denying in part Plaintiff's #6 Motion for Leave to Serve Summons and Complaint by Alternative Service. Court denies Plaintiff's request to the extent Plaintiff seeks to serve Defendants directly at their German addresses or some other method to which Germany has not consented under Hague Convention. Court grants Plaintiff's request only as to effectuating service under the Hague Convention by proceeding through Germany's Central Authority. Signed by Judge Cynthia Bashant on 6/4/2018. (jah) |
Filing 8 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major for all further proceedings. Judge Gonzalo P. Curiel, Magistrate Judge Karen S. Crawford no longer assigned to case. Create association to 3:17-cv-01090-BAS-BLM. The new case number is 17cv1090-BAS-BLM. Signed by Judge Gonzalo P. Curiel on 6/1/18. Signed by Judge Cynthia Bashant on 5/17/18.(dlg) |
Filing 7 SUMMONS Returned Executed by American GNC Corporation. GoPro, Inc. served. (Markow, Gregory) (dlg). |
Filing 6 MOTION for Leave to Serve Summons and Complaint by Alternative Service by American GNC Corporation. (Markow, Gregory) (jdt). |
Filing 5 NOTICE OF RELATED CASE(S) by American GNC Corporation of case(s) 3:17-CV-1090 and 4:17-cv-620 in the Eastern District of Texas. (Markow, Gregory) Proposed LNO prepared (dlg). |
Filing 4 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *6,311,555*, *6,456,939*, *6,508,122*, *6,671,648*, *6,697,758* cc:USPTO (tcf) |
Filing 3 Corporate Disclosure Statement by American GNC Corporation. No Corporate Parents/Interested Parties. (tcf) |
Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (tcf) |
Filing 1 COMPLAINT with Jury Demand against Bosch Sensortec GmbH, GoPro, Inc., Robert Bosch GmbH ( Filing fee $ 400 receipt number 0974-11223588.), filed by American GNC Corporation. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-968-GPC-KSC. Judge Gonzalo P. Curiel and Magistrate Judge Karen S. Crawford are assigned to the case. (Markow, Gregory)(tcf) (sjt). |
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