Innovention Toys, LLC v. MGA Entertainment, Inc.
| TOYS "R" US, INC., WAL-MART STORES, INC. and MGA ENTERTAINMENT, INC. |
| INNOVENTION TOYS, LLC |
| 17-2204 |
| June 22, 2017 |
| U.S. Court of Appeals, Federal Circuit |
| Patent Infringement (Fed. Question) |
Docket Report
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| Filing 49 Mandate issued to the United States District Court for the Eastern District of Louisiana. Service as of this date by the Clerk of Court. [550195] [17-2204, 17-2320] [JAB] [Entered: 09/17/2018 10:22 AM] |
| Filing 48 OPINION and JUDGMENT filed. The judgment or decision is: Affirmed. (FCR 36). (For the Court: Prost, Chief Judge; Taranto, Circuit Judge and Chen, Circuit Judge). [541655] [17-2204, 17-2320] [SJ] [Entered: 08/09/2018 09:04 AM] |
| Filing 47 Submitted after ORAL ARGUMENT by Allen Marcel Sokal for Wal-Mart Stores, Inc., MGA Entertainment, Inc. and Toys "R" Us, Inc. and Mr. David A. Caine for Innovention Toys, LLC. Panel: Judge: Prost , Judge: Taranto , Judge: Chen. [540884] [JCP] [Entered: 08/06/2018 11:23 AM] |
| Filing 46 CORRECTED ENTRY: RESPONSE of Appellee Innovention Toys, LLC to the supplemental authority [ # 45 ] filed by Appellants Wal-Mart Stores, Inc., MGA Entertainment, Inc. and Toys "R" Us, Inc. in 17-2204. Service: 07/13/2018 by email. [535931]--[Edited 07/16/2018 by SMJ - Reason: to correct event] [David Caine] [Entered: 07/13/2018 06:03 PM] |
| Filing 45 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc.. Service: 07/11/2018 by email. [535029] [17-2204] [Allen Sokal] [Entered: 07/11/2018 09:48 AM] |
| Filing 44 Response to oral argument order from the Appellee Innovention Toys, LLC. Designating David A. Caine to argue.. Designating 15 minutes for argument. [17-2204] [David Caine] [Entered: 07/09/2018 08:05 PM] |
| Filing 43 Response to oral argument order from the Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc.. Designating Allen M. Sokal to argue.. Designating 11 minutes for argument. Reserving 4 minutes for rebuttal. [17-2204] [Allen Sokal] [Entered: 07/09/2018 10:07 AM] |
| Filing 42 NOTICE OF CALENDARING. Panel: 1808B. Case scheduled Aug 06, 2018 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 402. Response to oral argument order due: 07/16/2018. Arguing counsel is required to check-in with the Clerk's Office, 4th Floor, Room 401, between 8:30 a.m. and 9:30 a.m. on the day of argument. Please review the # Oral Argument Order. [531189] [JAB] [Entered: 06/21/2018 12:24 PM] |
| Filing 41 Notice from Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. regarding conflicts with oral argument (September 4, 2018 - September 7, 2018). Service: 04/10/2018 by email. [512054] [17-2204] [Allen Sokal] [Entered: 04/10/2018 12:44 PM] |
| Filing 40 Notice from Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc. Updated Notice of Conflicts. Service: 04/10/2018 by email. [512051] [17-2204] [Allen Sokal] [Entered: 04/10/2018 12:32 PM] |
| Filing 39 Notice from Appellee Innovention Toys, LLC regarding conflicts with oral argument (February 8-9, 2018 April 9, 2018). Service: 12/27/2017 by email. [485949] [David Caine] [Entered: 12/27/2017 09:01 PM] |
| Filing 37 Pursuant to Practice Note 34, counsel should advise the clerk of court of scheduling conflicts for the next three court weeks [MAR, APR, MAY], or thereafter. When filing the notice of conflicts, counsel should docket the Notice Regarding Conflicts with Argument Dates event, which is found in the Calendar event category. The notice of conflict with oral argument is due on or before 12/27/2017. [484408] [MJL] [Entered: 12/20/2017 04:00 PM] |
| Filing 38 6 paper copies of the Joint Appendix in 3 Volumes [ # 35 ] received from Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. [484762] [JCP] [Entered: 12/21/2017 12:41 PM] |
| Filing 36 Notice from Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. regarding conflicts with oral argument (February 8, 2018 February 9, 2018 February 12, 2018). Service: 12/19/2017 by email. [483836] [Allen Sokal] [Entered: 12/19/2017 03:00 PM] |
| Filing 35 APPENDIX FILED for MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. [ # 34 ]. Number of Pages: 1452. Service: 12/11/2017 by email. The paper copies of the appendix should be received by the court on or before 12/22/2017. [482886] [MJL] [Entered: 12/15/2017 09:59 AM] |
| Filing 34 TENDERED from Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Title: JOINT APPENDIX. Service: 12/11/2017 by email. [481806] [Allen Sokal] [Entered: 12/11/2017 07:24 PM] |
| Filing 33 Statement of Compliance with Fed. Cir. R. 33 for Appellants MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. and Appellee Innovention Toys, LLC. Service: 12/11/2017 by email. [481641] [Allen Sokal] [Entered: 12/11/2017 02:42 PM] |
| Filing 32 6 paper copies of the Reply Brief [ # 31 ] received from Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc.. [481350] [MJL] [Entered: 12/08/2017 03:59 PM] |
| Filing 31 REPLY BRIEF FILED for Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. [ # 30 ]. Number of Pages: 31. Service: 12/04/2017 by email. The paper copies of the brief should be received by the court on or before 12/12/2017. Appendix is due 12/11/2017. [480369] [MJL] [Entered: 12/05/2017 02:52 PM] |
| Filing 30 TENDERED from Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Title: REPLY BRIEF. Service: 12/04/2017 by email. [479902]--[Edited 12/05/2017 by clerk to correct type of brief] [Allen Sokal] [Entered: 12/04/2017 01:13 PM] |
| Filing 29 6 paper copies of the Corrected Opening Response Brief [ # 27 ] received from Appellee Innovention Toys, LLC. [473272] [CW] [Entered: 11/06/2017 12:10 PM] |
| Filing 28 **TEXT ONLY** ORDER granting motion to extend time to file reply brief [ # 26 ] filed by Appellants Wal-Mart Stores, Inc., MGA Entertainment, Inc. and Toys "R" Us, Inc. The brief is due 12/04/2017. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [472574] [MJL] [Entered: 11/02/2017 03:49 PM] |
| Filing 27 CORRECTED BRIEF FILED for Appellee Innovention Toys, LLC [ # 25 ]. Number of Pages: 56. Service: 11/02/2017 by email. The paper copies of the brief should be received by the court on or before 11/09/2017. [472572] [MJL] [Entered: 11/02/2017 03:47 PM] |
| Filing 26 MOTION of Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. to extend the time to 12/04/2017 to file the reply brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 11/02/2017 by email. [472549] [Allen Sokal] [Entered: 11/02/2017 03:15 PM] |
| Filing 25 TENDERED from Appellee Innovention Toys, LLC. Title: CORRECTED RESPONSE BRIEF. Service: 11/02/2017 by email. [472523] [Thomas Carmack] [Entered: 11/02/2017 02:46 PM] |
| Filing 24 Corrected Certificate of Interest for the Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 11/02/2017 by email. [472512] [Allen Sokal] [Entered: 11/02/2017 02:23 PM] |
| Filing 23 NOTICE OF REJECTION: The Brief of Appellee Innovention Toys, LLC [ # 22 ] is not in compliance with the rules of this court and is therefore rejected for filing. Corrected brief due 11/14/2017. Appellants' reply brief is due 11/13/2017. Service as of this date by Clerk of Court. [471794] [MJL] [Entered: 10/31/2017 10:04 AM] |
| Filing 22 TENDERED from Appellee Innovention Toys, LLC. Title: RESPONSE BRIEF. Service: 10/30/2017 by email. [471673]. This brief has been rejected. See Doc. No. [ # 23 ]. [Thomas Carmack] [Entered: 10/30/2017 08:06 PM] |
| Filing 21 6 paper copies of the Opening Brief [ # 20 ] received from Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. [462341] [CW] [Entered: 09/20/2017 12:21 PM] |
| Filing 20 BRIEF FILED for Appellants MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. [ # 19 ]. Number of Pages: 57. Service: 09/18/2017 by email. The paper copies of the brief should be received by the court on or before 09/25/2017. Appellee Innovention Toys, LLC's brief is due 10/30/2017. [461824] [MJL] [Entered: 09/18/2017 03:48 PM] |
| Filing 19 TENDERED from Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Title: OPENING BRIEF. Service: 09/18/2017 by email. [461818] [Allen Sokal] [Entered: 09/18/2017 03:37 PM] |
| Filing 18 Corrected Entry of appearance for Benjamin C. Johnson as of counsel for Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 09/14/2017 by email. [460979] [Allen Sokal] [Entered: 09/14/2017 01:10 PM] |
| Filing 17 NOTICE OF DEFICIENCY: The entry of appearance for Benjamin C. Johnson [16] filed by Appellants cannot be accepted for filing at this time. Reasons: see attached. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice [460949] [MJL] [Entered: 09/14/2017 12:20 PM] |
| Filing 16 Entry of appearance for Benjamin C. Johnson as of counsel for Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 09/14/2017 by email. [460947] [Allen Sokal] [Entered: 09/14/2017 12:14 PM] |
Filing 15
ORDER filed. The appellants are directed to pay the $505 docketing fee for Appeal No. 2017-2320 no later than 30 days from the date of filing of this order. Service: 08/14/2017 by clerk. [453578] [17-2204, 17-2320] [LMS] [Entered: 08/14/2017 09:58 AM]
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| Filing 14 Note to file: The following cases are consolidated: 17-2204 (Lead) with 17-2320 (Member). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [447968] [17-2204, 17-2320] [MJL] [Entered: 07/20/2017 02:58 PM] |
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Filing 13
ORDER filed. The petition for permission to appeal [ # 430977-2 ] is granted. The appeal to be docketed related to 2017-120 and appeal no. 2017-2204 are consolidated. MGA's opening brief is due no later than 60 days from the date of this order. (Per Curiam). Service: 07/20/2017 by clerk. [447849] [17-120, 17-2204] [LMS] [Entered: 07/20/2017 10:19 AM]
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| Filing 12 Entry of appearance for Alaina J. Lakawicz as of counsel for Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 06/27/2017 by email. [442296] [Allen Sokal] [Entered: 06/27/2017 09:38 AM] |
| Filing 11 Entry of appearance for Allen M. Sokal as principal counsel for Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 06/27/2017 by email. [442295] [Allen Sokal] [Entered: 06/27/2017 09:37 AM] |
| Filing 10 Certificate of Interest for the Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 06/27/2017 by email. [442294] [Allen Sokal] [Entered: 06/27/2017 09:35 AM] |
| Filing 9 Docketing Statement for the Appellants MGA Entertainment, Inc., Toys R Us, Inc. and Wal-Mart Stores, Inc.. Service: 06/27/2017 by email. [442292] [Allen Sokal] [Entered: 06/27/2017 09:34 AM] |
| Filing 8 Corrected Docketing Statement for the Appellee Innovention Toys, LLC. Service: 06/26/2017 by email. [442031] [David Caine] [Entered: 06/26/2017 01:54 PM] |
| Filing 7 Corrected Certificate of Interest for the Appellee Innovention Toys, LLC. Service: 06/26/2017 by email. [442022] [David Caine] [Entered: 06/26/2017 01:36 PM] |
| Filing 6 NOTICE OF DEFICIENCY: The certificate of interest Document No. [4], and docketing statement Document No. [5] filed by Appellee Innovention Toys, LLC in 17-2204 were not compliant, and therefore cannot be accepted for filing at this time. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [CLERK'S NOTE: The certificate of interest was without a proper/complete proof of service. The docketing statement was incomplete (On page 2, the question requesting an explanation as to why the case is or is not amenable to mediation was not completed.)] [441997] [CAB] [Entered: 06/26/2017 12:31 PM] |
| Filing 5 Docketing Statement for the Appellee Innovention Toys, LLC. Service: 06/23/2017 by email. [441866] [David Caine] [Entered: 06/23/2017 06:25 PM] |
| Filing 4 Certificate of Interest for the Appellee Innovention Toys, LLC. Service: 06/23/2017 by email. [441865] [David Caine] [Entered: 06/23/2017 06:25 PM] |
| Filing 3 Entry of appearance for Thomas T. Carmack as of counsel for Appellee Innovention Toys, LLC. Service: 06/23/2017 by email. [441864] [David Caine] [Entered: 06/23/2017 06:23 PM] |
| Filing 2 Entry of appearance for David A. Caine as principal counsel for Appellee Innovention Toys, LLC. Service: 06/23/2017 by email. [441863] [David Caine] [Entered: 06/23/2017 06:21 PM] |
| Filing 1 Appeal docketed. Received: 06/19/2017. [441346] Entry of Appearance due 07/06/2017. Certificate of Interest due 07/06/2017. Docketing Statement due 07/06/2017. Appellants' brief due 08/21/2017. [MJL] [Entered: 06/22/2017 11:40 AM] |
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