Ideal Innovations, Inc. v. US
| ROBERT KOCHER, THE RIGHT PROBLEM, LLC and IDEAL INNOVATIONS, INC. |
| GENERAL DYNAMICS LAND SYSTEMS, INC., GENERAL DYNAMICS LAND SYSTEMS - FORCE PROTECTION, INC., FORCE PROTECTION, INC., OSHKOSH CORPORATION and UNITED STATES |
| 20-2065 |
| July 27, 2020 |
| U.S. Court of Appeals, Federal Circuit |
| Patent |
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Filing 71
Mandate issued to the United States Court of Federal Claims. Service as of this date by the Clerk of Court. [826759] [MVH] [Entered: 01/25/2022 11:56 AM]
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Filing 70
NOTICE OF CHANGE OF ADDRESS for Appellee Oshkosh Corporation. Service: 01/14/2022 by email. [824856] [20-2065] [Salvatore Tamburo] [Entered: 01/14/2022 06:01 PM]
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Filing 69
JUDGMENT. REVERSED 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 . Service as of this date by the Clerk of Court. [816047] [MJL] [Entered: 12/03/2021 09:36 AM]
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Filing 68
OPINION filed for the court by Reyna, Circuit Judge; Hughes, Circuit Judge and Stoll, Circuit Judge. Concurring opinion filed by Circuit Judge Hughes. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [816046] [MJL] [Entered: 12/03/2021 09:35 AM]
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Filing 67
Submitted after ORAL ARGUMENT to Panel: Reyna, Circuit Judge; Hughes, Circuit Judge and Stoll, Circuit Judge. Arguing counsel: Mr. Ahmed Jamal Davis for Ideal Innovations, Inc., Right Problem, LLC and Robert Kocher, Mr. Alex Hanna for US and Salvatore P. Tamburo for Oshkosh Corporation. Oral Argument Audio available # here . [779115] [JCP] [Entered: 06/08/2021 04:08 PM]
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Filing 66
Clerk's Note to the File: The telephonic oral argument scheduled for 06/08/2021 will now occur at 11:00 a.m. (EDT). [775190] [MJL] [Entered: 05/14/2021 04:38 PM]
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Filing 65
Corrected Entry of appearance for Holmes J. Hawkins, III; Britton Davis as counsel for Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 04/29/2021 by email, US mail. [772200] [20-2065] [Holmes Hawkins] [Entered: 04/29/2021 05:15 PM]
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Filing 64
NOTICE OF NON-COMPLIANCE: The submission of Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc., and General Dynamics Land Systems, Inc., Entry of Appearance [ # 63 ], is not in compliance with the rules of this court (see attached). Compliant document due 05/06/2021. Service as of this date by the Clerk of Court. [771953] [MJL] [Entered: 04/29/2021 09:26 AM]
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Filing 63
Amended Entry of appearance for Holmes J. Hawkins, III; Britton F. Davis as counsel for Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 04/28/2021 by email, US mail. [771902] [20-2065]. This document is non-compliant. See Doc. No. [ # 64 ]. [Holmes Hawkins] [Entered: 04/28/2021 06:17 PM]
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Filing 62
Response to notice of oral argument from Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 04/23/2021 by email, US mail. [770970] [20-2065] [Britton Davis] [Entered: 04/23/2021 03:43 PM]
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Filing 61
Response to notice of oral argument from Appellee Oshkosh Corporation. Service: 04/23/2021 by email, US mail. [770960] [20-2065] [Salvatore Tamburo] [Entered: 04/23/2021 03:23 PM]
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Filing 60
Response to notice of oral argument from Appellants Ideal Innovations, Inc., Right Problem, LLC and Robert Kocher. Service: 04/23/2021 by email. [770855] [20-2065] [Ahmed Davis] [Entered: 04/23/2021 01:02 PM]
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Filing 59
Response to notice of oral argument from Appellee US. Service: 04/22/2021 by email. [770704] [20-2065] [Alex Hanna] [Entered: 04/22/2021 09:01 PM]
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Filing 58
NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2106F. Case scheduled June 8, 2021. Response to Notice of Oral Argument due: 05/17/2021. 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 . The Counsel Telephonic Argument Orientation Information can be found # here . Service as of this date by the Clerk of Court. [770375] [JCP] [Entered: 04/21/2021 06:12 PM]
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Filing 57
6 paper copies of Doc. No. [ # 35 ] received from Appellee Oshkosh Corporation. [769238] [VDW] [Entered: 04/16/2021 11:24 AM]
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Filing 54
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 04/13/2021 by email, US mail. [768427] [20-2065] [Holmes Hawkins] [Entered: 04/13/2021 06:49 PM]
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Filing 53
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellee Oshkosh Corporation. Service: 04/13/2021 by email, US mail. [768411] [20-2065] [Salvatore Tamburo] [Entered: 04/13/2021 04:49 PM]
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Filing 52
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 04/13/2021 by email, US mail. [768370] [20-2065] [Ahmed Davis] [Entered: 04/13/2021 03:13 PM]
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Filing 51
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellee US. Service: 04/13/2021 by email. [768338] [20-2065] [Alex Hanna] [Entered: 04/13/2021 02:01 PM]
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Filing 50
The following conflict dates submitted by Ahmed Jamal Davis for Ideal Innovations, Inc., Right Problem, LLC, and Robert Kocher have been accepted by the court: 06/09/2021, 06/10/2021. [768218] [MJL] [Entered: 04/13/2021 10:11 AM]
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Filing 56
6 paper copies of Doc. No. [42], [ # 38 ], [ # 19 ] received from Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. [769237] [VDW] [Entered: 04/16/2021 11:22 AM]
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Filing 49
Notice from Appellee Oshkosh Corporation regarding conflicts with oral argument. None. Service: 04/12/2021 by email, US mail. [768119] [20-2065] [Salvatore Tamburo] [Entered: 04/12/2021 05:19 PM]
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Filing 55
6 paper copies of Doc. No. [ # 34 ] received from Appellee US. [768841] [VDW] [Entered: 04/15/2021 12:02 PM]
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Filing 48
Notice from Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC regarding conflicts with oral argument. Service: 04/08/2021 by email, US mail. [767495] [20-2065] [Ahmed Davis] [Entered: 04/08/2021 12:28 PM]
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Filing 47
Notice from Appellee US regarding conflicts with oral argument. None. Service: 04/07/2021 by email. [767324] [20-2065] [Alex Hanna] [Entered: 04/07/2021 02:42 PM]
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Filing 46
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 April 14, 2021. See Administrative Order No. 20-01 (Mar. 20, 2020). [767156] [LMN] [Entered: 04/07/2021 09:02 AM]
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Filing 45
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 . [767155] [LMN] [Entered: 04/07/2021 08:59 AM]
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Filing 44
Notice to the parties: The record of this case indicates that no Certificate of Compliance pursuant to Fed. Cir. R. 25.1(c)(2)(A) has been filed. If any portion of the record is subject to a protective order, you must file the required certificate using the Certificate of Compliance-Protective Order event. Service as of this date by the Clerk of Court. [767153] [LMN] [Entered: 04/07/2021 08:59 AM]
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Filing 43
MODIFIED ENTRY: APPENDIX FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 03/31/2021 by email. [766059] --[Edited 04/07/2021 by LMN - compliance review complete] [Ahmed Davis] [Entered: 03/31/2021 07:52 PM]
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Filing 42
MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 03/31/2021 by email. [766054]--[Edited 04/07/2021 by LMN - compliance review complete] [Ahmed Davis] [Entered: 03/31/2021 07:46 PM]
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Filing 41
NOTICE OF NON-COMPLIANCE: The submissions of Appellants Ideal Innovations, Inc., Robert Kocher, and Right Problem, LLC, Confidential and Non-Confidential Appendices [39], [ # 40 ], are not in compliance with the rules of this court (see attached). Compliant documents are due on 04/01/2021. Service as of this date by the Clerk of Court. [764653] [EKD] [Entered: 03/25/2021 09:52 AM]
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Filing 40
APPENDIX FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 03/17/2021 by email, US mail. [763121] [20-2065] This document is non-compliant. See Doc No. [ # 41 ] [Ahmed Davis] [Entered: 03/17/2021 07:51 PM]
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Filing 39
CONFIDENTIAL APPENDIX FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 03/17/2021 by email, US mail. [763119] [20-2065] This document is non-compliant. See Doc No. [ # 41 ] [Ahmed Davis] [Entered: 03/17/2021 07:46 PM]
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Filing 38
MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 03/10/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [761390] --[Edited 03/17/2021 by LMN - compliance review complete] [Ahmed Davis] [Entered: 03/10/2021 11:33 AM]
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Filing 37
Entry of appearance for R. Andrew Schwentker as counsel for Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 03/08/2021 by email, US mail. [760923] [20-2065] [Robert Schwentker] [Entered: 03/08/2021 06:02 PM]
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Filing 36
MODIFIED ENTRY: CORRECTED NOTICE OF JOINDER FILED by Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc. joining in [ # 34 ] Opening Response Brief submitted by Appellee US in 20-2065. Service: 02/22/2021 by email. [757716]--[Edited 02/26/2021 by LMN - compliance review complete] [Holmes Hawkins] [Entered: 02/22/2021 03:54 PM]
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Filing 35
MODIFIED ENTRY: CORRECTED NOTICE OF JOINDER FILED by Appellee Oshkosh Corporation joining in [ # 34 ] Opening Response Brief submitted by Appellee US in 20-2065. Service: 02/18/2021 by email. [757181]--[Edited 02/26/2021 by LMN - compliance review complete] [Salvatore Tamburo] [Entered: 02/18/2021 06:09 PM]
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Filing 34
MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Appellee US. Service: 02/15/2021 by email. [756044] --[Edited 02/19/2021 by LMN - compliance review complete] [Alex Hanna] [Entered: 02/15/2021 07:48 AM]
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Filing 33
NOTICE OF NON-COMPLIANCE: The submission of Appellee US, Response Brief [ # 27 ], is not in compliance with the rules of this court (see attached). Compliant document is due on 02/22/2021. Service as of this date by the Clerk of Court. [755885] [LMN] [Entered: 02/12/2021 02:45 PM]
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Filing 32
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 31 ] filed by Appellants Ideal Innovations, Inc., Right Problem, LLC, and Robert Kocher. The reply brief is due 03/10/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [755173] [EKD] [Entered: 02/10/2021 02:58 PM]
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Filing 31
MOTION of Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC to extend time. Service: 02/09/2021 by email. [754959] [20-2065] [Ahmed Davis] [Entered: 02/09/2021 07:20 PM]
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Filing 30
Notice from Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC NOTICE OF WITHDRAWAL AS COUNSEL. Service: 02/09/2021 by email. [754958] [20-2065] [Ahmed Davis] [Entered: 02/09/2021 07:09 PM]
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Filing 29
MODIFIED ENTRY: NOTICE OF JOINDER FILED by Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc. joining in [ # 27 ] Brief submitted by Appellee US in 20-2065. Service: 02/03/2021 by email. [753865] --[Edited 02/17/2021 by LMN - compliance review complete] This document has been corrected. See doc. [ # 36 ] [Holmes Hawkins] [Entered: 02/03/2021 11:22 PM]
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Filing 28
MODIFIED ENTRY: NOTICE OF JOINDER FILED by Appellee Oshkosh Corporation joining in [ # 27 ] Brief submitted by Appellee US in 20-2065. Service: 02/03/2021 by email. [753861] --[Edited 02/17/2021 by LMN - compliance review complete] This document has been corrected. See doc. [ # 35 ] [Salvatore Tamburo] [Entered: 02/03/2021 09:18 PM]
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Filing 27
RESPONSE BRIEF FILED by Appellee US. Service: 02/03/2021 by email. [753859] [20-2065] This document is non-compliant. See Doc No. [ # 33 ] [Alex Hanna] [Entered: 02/03/2021 08:06 PM]
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Filing 26
ORDER granting [ # 23 ] the motion. The response briefs are due no later than February 3, 2021. Service as of this date by the Clerk of Court. [745527] [LMS] [Entered: 12/28/2020 03:48 PM]
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Filing 25
Corrected Entry of appearance for Rachel Hicks (Of Counsel) as counsel for Appellee US. Service: 12/22/2020 by email. [744733] [20-2065] [Alex Hanna] [Entered: 12/22/2020 01:31 PM]
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Filing 24
NOTICE OF NON-COMPLIANCE: The submission of Appellee US, Entry of Appearance [ # 22 ], is not in compliance with the rules of this court (see attached). Compliant document due is on 12/30/2020. Service as of this date by the Clerk of Court. [744346] [LMN] [Entered: 12/21/2020 02:02 PM]
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Filing 23
MOTION of Appellee US to extend the time to 02/03/2021 to file brief. Service: 12/21/2020 by email. [744260] [20-2065] [Alex Hanna] [Entered: 12/21/2020 12:33 PM]
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Filing 22
Entry of appearance for Rachel Hicks (Of Counsel) as counsel for Appellee US. Service: 12/21/2020 by email. [744253] [20-2065] This document is non-compliant. See Doc No. [ # 24 ] [Alex Hanna] [Entered: 12/21/2020 12:18 PM]
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Filing 21
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 20 ] filed by Appellee US. The response brief is due 01/06/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [734806] [LMN] [Entered: 11/10/2020 03:32 PM]
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Filing 20
MOTION of Appellee US to extend the time to 01/06/2021 to file brief. Service: 11/10/2020 by email. [734791] [20-2065] [Alex Hanna] [Entered: 11/10/2020 03:03 PM]
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Filing 19
MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 11/03/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of original submission. See Fed. Cir. R. 31. [733262] --[Edited 11/03/2020 by LMN - compliance review complete] [Ahmed Davis] [Entered: 11/03/2020 11:37 AM]
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Filing 18
NOTICE OF NON-COMPLIANCE: The submission of Appellants Ideal Innovations, Inc. and Robert Kocher, Opening Brief [ # 17 ], is not in compliance with the rules of this court (see attached). Compliant document is due on 11/03/2020. 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. [731681] [LMN] [Entered: 10/27/2020 01:20 PM]
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Filing 17
OPENING BRIEF FILED by Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 10/23/2020 by email. This document has been corrected. See Doc. [ # 19 ] [731196] [20-2065] This document is non-compliant. See Doc No. [ # 18 ]--[Edited 11/03/2020 by LMN] [Ahmed Davis] [Entered: 10/23/2020 05:04 PM]
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| Filing 16 REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [723061] [JAL] [Entered: 09/21/2020 10:58 AM] |
| Filing 15 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 13 ], ERROR: Appellants' motion did not contain the correct caption or a complete certificate of interest. CORRECTION: For future motions, pursuant to FCR 27(a)(1) and (3), please include the complete caption and certificate of interest. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [722397] [JAL] [Entered: 09/17/2020 10:19 AM] |
| Filing 14 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 13 ] filed by Appellants Ideal Innovations, Inc., Right Problem, LLC, and Robert Kocher. The opening brief is due 10/23/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [722391] [JAL] [Entered: 09/17/2020 10:15 AM] |
| Filing 13 MOTION of Appellants Robert Kocher, Ideal Innovations, Inc. and Right Problem, LLC to extend the time to 10/23/2020 to file brief. [Consent: unopposed]. Service: 09/16/2020 by email. [722152] [20-2065] [Jack Wilson] [Entered: 09/16/2020 12:12 PM] |
| Filing 12 Docketing Statement for the Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 08/26/2020 by email. [717746] [20-2065] [Holmes Hawkins] [Entered: 08/26/2020 01:52 PM] |
| Filing 11 Docketing Statement for the Appellee Oshkosh Corporation. Service: 08/26/2020 by email. [717712] [20-2065] [Salvatore Tamburo] [Entered: 08/26/2020 12:34 PM] |
| Filing 10 Docketing Statement for the Appellee US. Service: 08/26/2020 by email. [717707] [20-2065] [Alex Hanna] [Entered: 08/26/2020 12:14 PM] |
| Filing 9 Certificate of Interest for Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 08/11/2020 by email. [714238] [20-2065] [Britton Davis] [Entered: 08/11/2020 03:18 PM] |
| Filing 8 Entry of appearance for Holmes J. Hawkins, III; Britton F. Davis as counsel for Appellees Force Protection, Inc., General Dynamics Land Systems - Force Protection, Inc. and General Dynamics Land Systems, Inc.. Service: 08/11/2020 by email. [714236] [20-2065] [Britton Davis] [Entered: 08/11/2020 03:16 PM] |
| Filing 7 Docketing Statement for the Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 08/10/2020 by email. [713706] [20-2065] [Ahmed Davis] [Entered: 08/10/2020 12:37 PM] |
| Filing 6 Certificate of Interest for Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 08/10/2020 by email. [713704] [20-2065] [Ahmed Davis] [Entered: 08/10/2020 12:35 PM] |
| Filing 5 Entry of appearance for Ahmed J. Davis (Principal Counsel); Stephen A. Marshall (Of Counsel); Jack R. Wilson, IV (Of Counsel) as counsel for Appellants Ideal Innovations, Inc., Robert Kocher and Right Problem, LLC. Service: 08/10/2020 by email. [713703] [20-2065] [Ahmed Davis] [Entered: 08/10/2020 12:33 PM] |
| Filing 4 Certificate of Interest for Appellee Oshkosh Corporation. Service: 08/07/2020 by email. [713429] [20-2065] [Salvatore Tamburo] [Entered: 08/07/2020 03:43 PM] |
| Filing 3 Entry of appearance for Salvatore P. Tamburo; Megan R. Wood as counsel for Appellee Oshkosh Corporation. Service: 08/07/2020 by email. [713426] [20-2065] [Salvatore Tamburo] [Entered: 08/07/2020 03:39 PM] |
| Filing 2 Entry of appearance for Alex Hanna (Principal Counsel); Scott D. Bolden (Of Counsel); Gary L. Hausken (Of Counsel); Lee Perla (Of Counsel) as counsel for Appellee US. Service: 08/06/2020 by email. [713170] [20-2065] [Alex Hanna] [Entered: 08/06/2020 05:48 PM] |
| Filing 1 Appeal docketed. Received: 07/22/2020. [710291] Entry of Appearance is due 08/10/2020. Certificate of Interest is due on 08/10/2020. Docketing Statement is due 08/26/2020. Appellant's brief is due 09/25/2020. [JAL] [Entered: 07/27/2020 02:48 PM] |
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