Caterpillar Paving Products v. Wirtgen America, Inc.
JOSEPH VOGELE AG and WIRTGEN AMERICA, INC. |
CATERPILLAR PAVING PRODUCTS INC. |
ANDREI IANCU, Director, U.S. Patent and Trademark Office, ANDREI IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office and ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office |
20-1261 |
December 17, 2019 |
U.S. Court of Appeals, Federal Circuit |
Other |
Opinions
We have the following opinions for this case:
Description |
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Caterpillar Paving Products, Inc. v. Wirtgen America, Inc. |
CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. |
Docket Report
This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 67 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [766658] [JCP] [Entered: 04/05/2021 11:57 AM] |
Filing 66 JUDGMENT. VACATED AND REMANDED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellee(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [755054] [MJL] [Entered: 02/10/2021 10:57 AM] |
Filing 65 OPINION filed for the court by O'Malley, Circuit Judge; Clevenger, Circuit Judge and Taranto, Circuit Judge. Nonprecedential Opinion. [755053] [MJL] [Entered: 02/10/2021 10:56 AM] |
Filing 64 Submitted after ORAL ARGUMENT to Panel: O'Malley, Circuit Judge; Clevenger, Circuit Judge and Taranto, Circuit Judge. Arguing counsel: Joshua Goldberg for Caterpillar Paving Products Inc. and Tyler Dutton for Wirtgen America, Inc. and Joseph Vogele AG. Oral Argument Audio available # here . [753367] [JCP] [Entered: 02/02/2021 12:13 PM] |
Filing 63 Official caption revised to reflect Andrew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, as intervenor (see attached). Service as of this date by the Clerk of Court. [751192] [JAL] [Entered: 01/22/2021 03:33 PM] |
Filing 62 Clerk's letter to Appellant Caterpillar Paving Products Inc. and Appellees Joseph Vogele AG and Wirtgen America, Inc. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [749780] [JAB] [Entered: 01/15/2021 01:57 PM] |
Filing 61 Response to notice of oral argument from Intervenor Andrei Iancu. Service: 01/14/2021 by email. [749574] [20-1261] [Monica Lateef] [Entered: 01/14/2021 03:46 PM] |
Filing 60 Response to notice of oral argument from Appellees Wirtgen America, Inc. and Joseph Vogele AG. Service: 01/14/2021 by email. [749485] [20-1261] [Tyler Dutton] [Entered: 01/14/2021 12:51 PM] |
Filing 59 Response to notice of oral argument from Appellant Caterpillar Paving Products Inc.. Service: 01/11/2021 by email. [748557] [20-1261] [Joshua Goldberg] [Entered: 01/11/2021 06:15 PM] |
Filing 58 NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2102F. Case scheduled February 2, 2021. Response to Notice of Oral Argument due: 01/15/2021. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . Service as of this date by the Clerk of Court. [743943] [JAB] [Entered: 12/18/2020 03:20 PM] |
Filing 57 6 paper copies of Doc. No. [ # 46 ] received from Appellees Joseph Vogele AG and Wirtgen America, Inc.. [738630] [VDW] [Entered: 11/30/2020 09:57 AM] |
Filing 56 6 paper copies of Doc. No. [ # 38 ], [ # 48 ], [ # 49 ] received from Appellant Caterpillar Paving Products Inc.. [738628] [VDW] [Entered: 11/30/2020 09:56 AM] |
Filing 55 Notice from Appellees Wirtgen America, Inc. and Joseph Vogele AG regarding conflicts with oral argument. Service: 11/05/2020 by email. [734046] [20-1261] [Tyler Dutton] [Entered: 11/05/2020 05:28 PM] |
Filing 54 Notice from Appellant Caterpillar Paving Products Inc. regarding conflicts with oral argument. None. Service: 11/05/2020 by email. [733968] [20-1261] [Joshua Goldberg] [Entered: 11/05/2020 02:14 PM] |
Filing 53 Notice from Intervenor Andrei Iancu regarding conflicts with oral argument. None. Service: 10/30/2020 by email. [732607] [20-1261] [Monica Lateef] [Entered: 10/30/2020 02:56 PM] |
Filing 52 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [732299] [EKD] [Entered: 10/29/2020 01:16 PM] |
Filing 51 Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before November 12, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [732297] [EKD] [Entered: 10/29/2020 01:15 PM] |
Filing 50 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Caterpillar Paving Products Inc.. Service: 10/26/2020 by email. [731515] [20-1261] [Joshua Goldberg] [Entered: 10/26/2020 09:09 PM] |
Filing 49 MODIFIED ENTRY: APPENDIX FILED by Appellant Caterpillar Paving Products Inc. Service: 10/26/2020 by email. [731514] --[Edited 10/28/2020 by EKD - compliance review complete] [Joshua Goldberg] [Entered: 10/26/2020 09:08 PM] |
Filing 48 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Caterpillar Paving Products Inc. Service: 10/19/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [729989] --[Edited 10/20/2020 by EKD - compliance review complete] [Joshua Goldberg] [Entered: 10/19/2020 06:09 PM] |
Filing 47 Amended Entry of appearance for Joshua L. Goldberg; Daniel C. Cooley as counsel for Appellant Caterpillar Paving Products Inc.. Service: 10/19/2020 by email. [729988] [20-1261] [Joshua Goldberg] [Entered: 10/19/2020 06:07 PM] |
Filing 46 MODIFIED ENTRY: CORRECTED BRIEF FILED by Appellees Joseph Vogele AG and Wirtgen America, Inc. Service: 10/01/2020 by email. [725803] --[Edited 10/06/2020 by EKD - compliance review complete] [Ralph Powers] [Entered: 10/01/2020 11:39 AM] |
Filing 45 NOTICE OF NON-COMPLIANCE: The submission of Appellees Joseph Vogele AG and Wirtgen America, Inc., Response Brief [ # 42 ], is not in compliance with the rules of this court (see attached). Compliant document is due on 10/07/2020. Service as of this date by the Clerk of Court. [725543] [EKD] [Entered: 09/30/2020 02:30 PM] |
Filing 44 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 43 ] filed by Appellant Caterpillar Paving Products Inc. The reply brief is due 10/19/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [722742] [EKD] [Entered: 09/18/2020 11:25 AM] |
Filing 43 MOTION of Appellant Caterpillar Paving Products Inc. to extend the time to 10/19/2020 to file brief. [Consent: unopposed]. Service: 09/18/2020 by email. [722691] [20-1261] [Joshua Goldberg] [Entered: 09/18/2020 09:12 AM] |
Filing 42 FILED from Appellees Wirtgen America, Inc. and Joseph Vogele AG. Title: RESPONSE BRIEF. Service: 09/14/2020 by email. (PENDING COMPLIANCE REVIEW) [721486] [20-1261] [Ralph Powers] [Entered: 09/14/2020 06:56 PM] |
Filing 41 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 40 ] filed by Appellees Wirtgen America, Inc. and Joseph Vogele AG. The response brief is due 09/14/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [717296] [KMH] [Entered: 08/25/2020 10:59 AM] |
Filing 40 MOTION of Appellees Wirtgen America, Inc. and Joseph Vogele AG to extend the time to 09/14/2020 to file the Response to Caterpillar's Opening Brief due 8/31/2020. [Consent: unopposed]. Service: 08/24/2020 by email. [716948] [20-1261] [Ralph Powers] [Entered: 08/24/2020 01:13 PM] |
Filing 39 Letter from Intervenor Andrei Iancu re: Non-Filing of an Intervenor's Brief, but to Remain a Party to Preserve the Director's Right to Participate in any Further Proceedings. Service: 08/18/2020 by email. [715534] [20-1261] [Monica Lateef] [Entered: 08/18/2020 09:52 AM] |
Filing 38 MODIFIED ENTRY: CORRECTED BRIEF FILED for Caterpillar Paving Products Inc. Number of Pages: 37. Service: 07/27/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original brief. See Fed. Cir. R. 31. [710338]--[Edited 07/28/2020 by MJL - compliance review complete] [Joshua Goldberg] [Entered: 07/27/2020 03:52 PM] |
Filing 37 NOTICE OF NON-COMPLIANCE: The submission of Caterpillar Paving Products Inc., Opening Brief [ # 36 ], is not in compliance with the rules of this court (see attached). Compliant brief due 07/30/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [709709] [MJL] [Entered: 07/23/2020 03:45 PM] |
Filing 36 FILED from Appellant Caterpillar Paving Products Inc.. Title: OPENING BRIEF. Service: 07/20/2020 by email. [708713] [20-1261]. This brief is non-compliant. See Doc. No. [ # 37 ]. [Joshua Goldberg] [Entered: 07/20/2020 06:44 PM] |
Filing 35 **TEXT ONLY** ORDER granting Caterpillar Paving Products Inc.'s motion [ # 34 ] to extend the time to file its opening brief by 45 days, until 07/20/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [696403] [MJL] [Entered: 05/21/2020 04:25 PM] |
Filing 34 MOTION of Appellant Caterpillar Paving Products Inc. to extend the time to 07/20/2020 to file the Opening Brief. [Consent: unopposed]. Service: 05/19/2020 by email. [695707] [20-1261] [Joshua Goldberg] [Entered: 05/19/2020 03:13 PM] |
Filing 33 PRECEDENTIAL ORDER filed. The motion to vacate and remand [ # 18 ] is denied. Caterpillars opening brief is due within 30 days from the date of filing of this order. By: Motions Panel (Per Curiam). Service as of this date by the Clerk of Court. [692462] [JAB] [Entered: 05/06/2020 09:12 AM] |
Filing 32 Docketing Statement for the Intervenor Iancu. Service: 04/02/2020 by email. [683664] [20-1261] [Monica Lateef] [Entered: 04/02/2020 10:15 AM] |
Filing 31 ORDER filed. The Director is added as an intervenor. The revised official caption is reflected in the order. The Director shall file a docketing statement no later than 14 days from the date of this order. Service as of this date by the Clerk of Court. [680168] [MJL] [Entered: 03/19/2020 10:45 AM] |
Filing 30 REPLY of Appellant Caterpillar Paving Products Inc. to response [ # 21 ], response [ # 29 ]. Service: 03/12/2020 by email. [678391] [20-1261] [Daniel Cooley] [Entered: 03/12/2020 05:01 PM] |
Filing 29 RESPONSE from Intervenor, Director of the United States Patent and Trademark Office to the motion [ # 18 ] filed by Appellants Caterpillar Paving Products Inc. and Caterpillar Paving Products Inc.. Service: 03/05/2020 by email. [676625] [20-1261] [Monica Lateef] [Entered: 03/05/2020 02:27 PM] |
Filing 28 Entry of appearance for Daniel Kazhdan as of counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676624] [20-1261] [Daniel Kazhdan] [Entered: 03/05/2020 02:24 PM] |
Filing 27 Entry of appearance for Farheena Y. Rasheed as of counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676621] [20-1261] [Farheena Rasheed] [Entered: 03/05/2020 02:22 PM] |
Filing 26 Entry of appearance for Thomas W. Krause as of counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676619] [20-1261] [Thomas Krause] [Entered: 03/05/2020 02:20 PM] |
Filing 25 Entry of appearance for Monica B. Lateef as principal counsel for Intervenor, Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676616] [20-1261] [Monica Lateef] [Entered: 03/05/2020 02:18 PM] |
Filing 24 Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 03/05/2020 by email. [676615] [20-1261] [Monica Lateef] [Entered: 03/05/2020 02:16 PM] |
Filing 23 ORDER granting motion to extend time [ # 22 ] to the extent that Caterpillar's reply is due no later than March 19, 2020. Service as of this date by the Clerk of Court. [672901] [LMS] [Entered: 02/20/2020 03:21 PM] |
Filing 22 MOTION of Appellant Caterpillar Paving Products Inc. to extend the time to 03/12/2020 to file Response/Reply [Consent: unopposed]. Service: 02/14/2020 by email. [671730] [20-1261] [Daniel Cooley] [Entered: 02/14/2020 09:48 PM] |
Filing 21 RESPONSE of Appellees Wirtgen America, Inc. and Joseph Vogele AG to the motion to terminate appeal [ # 18 ] filed by Appellants Caterpillar Paving Products Inc. and Caterpillar Paving Products Inc.. Service: 02/14/2020 by email. [671574] [20-1261] [Ralph Powers] [Entered: 02/14/2020 02:37 PM] |
Filing 20 ORDER If the United States intends to intervene in this appeal, its response to the motion [ # 18 ] is due no later than March 5, 2020. Service as of this date by the Clerk of Court. [669861] [LMS] [Entered: 02/10/2020 03:17 PM] |
Filing 19 ORDER Notice of Caterpillar's constitutional challenge [ # 15 ] is hereby certified to the Attorney General. No later than 30 days from the date of filing of this order, the Attorney General is directed to inform this court whether the United States intends to intervene in this appeal. Service as of this date by the Clerk of Court. [668398] [LMS] [Entered: 02/04/2020 04:21 PM] |
Filing 18 MODIFIED ENTRY: MOTION of Caterpillar Paving Products Inc. to vacate and remand. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). [Consent: opposed]. Service: 02/04/2020 by email. [668392]--[Edited 02/05/2020 by MJL to correct relief] [Daniel Cooley] [Entered: 02/04/2020 03:57 PM] |
Filing 17 Amended Certificate of Interest for Appellant Caterpillar Paving Products Inc.. Service: 02/03/2020 by email. [668128] [20-1261] [Joshua Goldberg] [Entered: 02/03/2020 06:56 PM] |
Filing 16 Certified list received. Service: 01/23/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [665907] [TAM] [Entered: 01/24/2020 01:46 PM] |
Filing 15 Notice from Appellant Caterpillar Paving Products Inc. under Fed. R. App. P. 44(a). Service: 01/24/2020 by email. [665773] [20-1261] [Joshua Goldberg] [Entered: 01/24/2020 10:36 AM] |
Filing 14 Entry of appearance for Tyler J. Dutton as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659876] [20-1261] [Tyler Dutton] [Entered: 12/31/2019 02:59 PM] |
Filing 13 Entry of appearance for Donald R. Banowit as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659874] [20-1261] [Donald Banowit] [Entered: 12/31/2019 02:57 PM] |
Filing 12 Entry of appearance for Jon E. Wright as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659871] [20-1261] [Jon Wright] [Entered: 12/31/2019 02:55 PM] |
Filing 11 Entry of appearance for Seth R. Ogden as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659869] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:53 PM] |
Filing 10 Entry of appearance for Ryan D. Levy as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659868] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:52 PM] |
Filing 9 Entry of appearance for Mark A. Kilgore as of counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659867] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:51 PM] |
Filing 8 Docketing Statement for the Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659862] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:48 PM] |
Filing 7 Certificate of Interest for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659858] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:46 PM] |
Filing 6 Entry of appearance for Ralph W. Powers III as principal counsel for Appellees Joseph Vogele AG and Wirtgen America, Inc.. Service: 12/31/2019 by email. [659855] [20-1261] [Ralph Powers] [Entered: 12/31/2019 02:44 PM] |
Filing 5 Docketing Statement for the Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658282] [20-1261] [Daniel Cooley] [Entered: 12/20/2019 03:44 PM] |
Filing 4 Certificate of Interest for Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658281] [20-1261] [Daniel Cooley] [Entered: 12/20/2019 03:43 PM] |
Filing 3 Entry of appearance for Daniel C. Cooley as of counsel for Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658280] [20-1261] [Daniel Cooley] [Entered: 12/20/2019 03:42 PM] |
Filing 2 Entry of appearance for Joshua L. Goldberg as principal counsel for Appellant Caterpillar Paving Products Inc.. Service: 12/20/2019 by email. [658277] [20-1261] [Joshua Goldberg] [Entered: 12/20/2019 03:40 PM] |
Filing 1 Appeal docketed. Received: 12/09/2019. [657182] Entry of Appearance due 12/31/2019. Certificate of Interest is due on 12/31/2019. Docketing Statement due 12/31/2019. Certified List due on 01/27/2020. [TAM] [Entered: 12/17/2019 03:09 PM] |
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Appellee: JOSEPH VOGELE AG | |
Represented By: | Ralph Wilson Powers III |
Represented By: | Donald Banowit |
Represented By: | Ryan D. Levy |
Represented By: | Seth R. Ogden |
Represented By: | Jon Wright |
Represented By: | Tyler Dutton |
Represented By: | Mark Andrew Kilgore Ph.D. |
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Appellee: WIRTGEN AMERICA, INC. | |
Represented By: | Ralph Wilson Powers III |
Represented By: | Donald Banowit |
Represented By: | Ryan D. Levy |
Represented By: | Seth R. Ogden |
Represented By: | Jon Wright |
Represented By: | Tyler Dutton |
Represented By: | Mark Andrew Kilgore Ph.D. |
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Appellant: CATERPILLAR PAVING PRODUCTS INC. | |
Represented By: | Joshua Goldberg |
Represented By: | Daniel Craig Cooley |
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Intervenor: ANDREI IANCU, Director, U.S. Patent and Trademark Office | |
Represented By: | Daniel Kazhdan |
Represented By: | Thomas W. Krause |
Represented By: | Farheena Yasmeen Rasheed |
Represented By: | Monica Barnes Lateef |
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Intervenor: ANDREI IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office | |
Represented By: | Daniel Kazhdan |
Represented By: | Thomas W. Krause |
Represented By: | Farheena Yasmeen Rasheed |
Represented By: | Monica Barnes Lateef |
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Intervenor: ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office | |
Represented By: | Daniel Kazhdan |
Represented By: | Thomas W. Krause |
Represented By: | Farheena Yasmeen Rasheed |
Represented By: | Monica Barnes Lateef |
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