Pemberton v. Jack In The Box Inc.
Plaintiff: KIRK PEMBERTON
Defendant: JACK IN THE BOX INC.
Case Number: 26-1434
Filed: February 13, 2026
Court: U.S. Court of Appeals, Federal Circuit
Nature of Suit: Patent Infringement (Fed. Qst.)
Docket Report

This docket was last retrieved on July 20, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2026 Filing 28 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Kirk Pemberton. Service: 07/20/2026 by email. [1180270] --[Edited 07/27/2026 by MMA - Reason: compliance review complete] [Matthew Wawrzyn] [Entered: 07/20/2026 12:32 PM]
July 16, 2026 Filing 27 NOTICE OF NON-COMPLIANCE: The submission of Appellant Kirk Pemberton, Appendix [ # 24 ], is not in compliance with the rules of this court (see attached). Compliant document due on 07/23/2026. Service as of this date by the Clerk of Court. [1179812] [MMA] [Entered: 07/16/2026 02:26 PM]
July 15, 2026 Filing 26 RESPONSE of Appellant Kirk Pemberton to Doc No. [ # 25 ]. Service: 07/15/2026 by email. [1179458] [26-1434] [Matthew Wawrzyn] [Entered: 07/15/2026 11:12 AM]
July 14, 2026 Filing 25 MOTION of Appellee Jack In The Box Inc. leave to file a supplemental appendix. Service: 07/14/2026 by email. [1179325] [26-1434] [Theodore Kwong] [Entered: 07/14/2026 03:38 PM]
July 7, 2026 Filing 24 APPENDIX FILED by Appellant Kirk Pemberton. Service: 07/07/2026 by email. [1178028] [26-1434] This document is non-compliant. See Doc No. [ # 27 ] [Matthew Wawrzyn] [Entered: 07/07/2026 04:13 PM]
June 30, 2026 Filing 23 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Kirk Pemberton. Service: 06/30/2026 by email. [1176874] --[Edited 07/08/2026 by MMA - Reason: compliance review complete] [Matthew Wawrzyn] [Entered: 06/30/2026 04:49 PM]
June 11, 2026 Filing 22 Amended Certificate of Interest for Appellee Jack In The Box Inc.. Service: 06/11/2026 by email. [1173283] [26-1434] [Theodore Kwong] [Entered: 06/11/2026 11:02 AM]
June 10, 2026 Filing 21 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 20 ], ERROR: Section 4 of the certificate of interest in Appellee's brief does not match the version filed on the docket. CORRECTION: For future filings, please ensure the certificate of interest in a filing matches the version previously filed on the docket. If an updated version is required, please file an amended certificate of interest as necessary. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [1173161] [GWK] [Entered: 06/10/2026 04:11 PM]
June 9, 2026 Filing 20 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Jack In The Box Inc. Service: 06/09/2026 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [1172956] --[Edited 06/10/2026 by GWK - Reason: compliance review complete] [Theodore Kwong] [Entered: 06/09/2026 09:41 PM]
May 20, 2026 Filing 19 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 17 ], ERROR: The party designations used on the caption in Appellee's motion do not match the official caption provided by the clerk, and Appellee's motion does not contain a certificate of compliance. CORRECTION: For future filings, please ensure the caption used on the document matches the caption provided by the clerk, and that the motion contains a certificate of compliance as required by Fed. R. App. P. 32(g)(1). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [1168307] [GWK] [Entered: 05/20/2026 10:18 AM]
May 20, 2026 Filing 18 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 17 ] filed by Appellee Jack In The Box Inc. The response brief is due 06/09/2026. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [1168305] [GWK] [Entered: 05/20/2026 10:15 AM]
May 18, 2026 Filing 17 MOTION of Appellee Jack In The Box Inc. to extend the time to 06/09/2026 to file brief. Service: 05/18/2026 by email. [1167884] [26-1434] [Theodore Kwong] [Entered: 05/18/2026 07:00 PM]
April 20, 2026 Filing 16 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Kirk Pemberton. Service: 04/20/2026 by email. [1160869] --[Edited 04/20/2026 by GWK - Reason: compliance review complete] [Matthew Wawrzyn] [Entered: 04/20/2026 11:31 AM]
April 20, 2026 Filing 15 Corrected Entry of Appearance for Matthew Wawrzyn as counsel for Appellant Kirk Pemberton. Service: 04/20/2026 by email. [1160838] [26-1434] [Matthew Wawrzyn] [Entered: 04/20/2026 10:51 AM]
April 15, 2026 Filing 14 NOTICE OF NON-COMPLIANCE: The submission of Appellant Kirk Pemberton, Opening Brief, Entry of Appearance [ # 12 ], [ # 13 ], is not in compliance with the rules of this court (see attached). Compliant document due on 04/22/2026. 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. [1159948] [GWK] [Entered: 04/15/2026 01:04 PM]
April 13, 2026 Filing 13 Amended Entry of Appearance for Matthew Wawrzyn as counsel for Appellant Kirk Pemberton. Service: 04/13/2026 by email. [1159263] [26-1434] This document is non-compliant. See Doc No. [ # 14 ] [Matthew Wawrzyn] [Entered: 04/13/2026 03:46 PM]
April 13, 2026 Filing 12 OPENING BRIEF FILED by Appellant Kirk Pemberton. Service: 04/13/2026 by email. [1159245] [26-1434] This document is non-compliant. See Doc No. [ # 14 ] [Matthew Wawrzyn] [Entered: 04/13/2026 03:24 PM]
March 2, 2026 Filing 11 Certificate of Interest for Appellee Jack In The Box Inc.. Service: 03/02/2026 by email. [1150400] [26-1434] [Theodore Kwong] [Entered: 03/02/2026 03:16 PM]
March 2, 2026 Filing 10 Notice to Appellee Jack In The Box Inc.: The record of this case indicates that no Certificate of Interest under FCR 47.4 has been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [1150199] [GWK] [Entered: 03/02/2026 10:29 AM]
February 26, 2026 Filing 9 Entry of Appearance for Theodore Kwong as counsel for Appellee Jack In The Box Inc.. Service: 02/26/2026 by email. [1149659] [26-1434] [Theodore Kwong] [Entered: 02/26/2026 11:24 AM]
February 25, 2026 Filing 8 Corrected Certificate of Interest for Appellant Kirk Pemberton. Service: 02/25/2026 by email. [1149377] [26-1434] [Matthew Wawrzyn] [Entered: 02/25/2026 09:14 AM]
February 24, 2026 Filing 7 NOTICE OF NON-COMPLIANCE: The submission of Appellant Kirk Pemberton, Certificate of Interest [ # 6 ], is not in compliance with the rules of this court (see attached). Compliant document due on 03/03/2026. Service as of this date by the Clerk of Court. [1149214] [GWK] [Entered: 02/24/2026 01:45 PM]
February 20, 2026 Filing 6 Certificate of Interest for Appellant Kirk Pemberton. Service: 02/20/2026 by email. [1148320] [26-1434] This document is non-compliant. See Doc No. [ # 7 ] [Matthew Wawrzyn] [Entered: 02/20/2026 11:00 AM]
February 18, 2026 Filing 5 NOTICE OF NON-COMPLIANCE: The submission of Appellant Kirk Pemberton, Certificate of Interest [ # 3 ], is not in compliance with the rules of this court (see attached). Compliant document due on 02/25/2026. Service as of this date by the Clerk of Court. [1147936] [IMH] [Entered: 02/18/2026 02:06 PM]
February 15, 2026 Filing 4 Docketing Statement for the Appellant Kirk Pemberton. Service: 02/15/2026 by email. [1147496] [26-1434] [Matthew Wawrzyn] [Entered: 02/15/2026 04:50 PM]
February 15, 2026 Filing 3 Certificate of Interest for Appellant Kirk Pemberton. Service: 02/15/2026 by email. [1147495] [26-1434] This document is non-compliant. See Doc No.[ # 5 ] [Matthew Wawrzyn] [Entered: 02/15/2026 04:48 PM]
February 15, 2026 Filing 2 Entry of Appearance for Matthew M. Wawrzyn as counsel for Appellant Kirk Pemberton. Service: 02/15/2026 by email. [1147494] [26-1434] [Matthew Wawrzyn] [Entered: 02/15/2026 04:47 PM]
February 13, 2026 Filing 1 Appeal docketed. Received: 02/09/2026. [1147163] Entry of Appearance due 02/27/2026. Certificate of Interest is due on 02/27/2026. Docketing Statement due 02/27/2026. Appellant's brief is due 04/14/2026. [GWK] [Entered: 02/13/2026 09:21 AM]

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Plaintiff: KIRK PEMBERTON
Represented By: Matthew Michael Wawrzyn
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Defendant: JACK IN THE BOX INC.
Represented By: Theodore Kwong
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