Winthrop Tackle, LLC v. Carbon Fishing, LLC
| Winthrop Tackle, LLC |
| Carbon Fishing, LLC |
| 3:2021cv00947 |
| July 9, 2021 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Omar A Williams |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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Filing 60
ORDER granting ECF No. #59 , Motion to Modify the Scheduling Order. The deadlines proposed by the parties in the motion hereby are adopted. It is so ordered. Signed by Judge Omar A. Williams on 8/3/23. (Wagner, Rebecca)
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| Filing 59 Joint MOTION to Amend/Correct 27 Scheduling Order,,,,,,,,,, by Carbon Fishing, LLC.Responses due by 8/22/2023 (Attachments: #1 Text of Proposed Order)(Schlosser, Brian) |
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Filing 58
ORDER regarding mediation: ORDER regarding settlement: Counsel timely reported that their efforts toward settlement are continuing. They agree that further mediation would not be productive at this time. If there comes a time when mediation might be helpful, counsel are welcome to contact Judge Martinez. In any event, in view of the fact that discovery closes on 8/25/23, counsel shall submit a joint confidential report on the status of settlement discussions to Judge Martinez (DFM_SETTLEMENT@ctd.uscourts.gov) by no later than 8/30/23. Signed by Judge Donna F. Martinez on 7/1/23.(Martinez, Donna)
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Filing 57
ORDER regarding settlement: Counsel reported that their efforts toward settlement are continuing. They agree that further mediation would not be productive at this time. If there comes a time when mediation might be helpful, counsel are welcome to contact Judge Martinez. In any event, by no later than 6/30/23, counsel shall submit a joint confidential report on the status of settlement discussions to Judge Martinez (DFM_SETTLEMENT@ctd.uscourts.gov). Signed by Judge Donna F. Martinez on 3/38/23.(Martinez, Donna)
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Filing 56
ORDER granting ECF No. #55 , Motion to Modify the Scheduling Order. Discovery shall be completed on or before August 25, 2023, and any interim discovery deadlines hereby are approved and adopted. Any interim discovery deadlines may be modified without notice to the court provided all parties consent to the modification and the modification does not delay the final discovery deadline. Dispositive motions shall be filed on or before September 22, 2023. The parties shall submit their joint trial memorandum on or before October 20, 2023, if no dispositive motions are filed, or within the time period provided by the court upon its disposition of any dispositive motions that are filed. The court will thereafter set a jury selection date, and the parties should be prepared to proceed to trial on December 20, 2023. Signed by Judge Omar A. Williams on 2/21/23. (Wagner, Rebecca)
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| Set Deadlines/Hearings: Discovery due by 8/25/2023 Dispositive Motions due by 9/22/2023 Trial Brief due by 10/20/2023 Trial Ready Date 12/20/2023 (Wagner, Rebecca) |
| Filing 55 Joint MOTION for Extension of Time to Modify The Scheduling Order by Winthrop Tackle, LLC. (Attachments: #1 Text of Proposed Order)(Rye, Michael) |
| Filing 54 Minute Entry for proceedings held before Judge Donna F. Martinez: Settlement Conference held on 1/26/2023. Case not settled. The parties are encouraged to continue discussions. By no later than 2/24/23, counsel shall submit a joint report on the parties' progress to Judge Martinez (DFM_SETTLEMENT@ctd.uscourts.gov). If at any time counsel agree that another mediation session might be helpful, they may make that request by contacting Judge Martinez. Total Time: 2 hours (Martinez, Donna) |
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Filing 53
ORDER scheduling mediation: At the request of counsel, this case is scheduled for mediation on 1/26/23 at 1pm via Zoom, details for which shall be emailed to counsel. Ex parte submissions are due by 1/19/23. Clients with authority must attend. Participants shall be prepared to spend the rest of the day in mediation, if necessary. SEE ATTACHED for further important instructions. Signed by Judge Donna F. Martinez on 1/11/23.(Martinez, Donna)
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Filing 52
ORDER regarding mediation: This case has been referred to Judge Martinez for mediation. To aid in scheduling, by no later than 1/13/23, counsel shall email to DFM_SETTLEMENT@ctd.uscourts.gov three (3) agreed-upon proposed dates when counsel and clients (and/or client representatives) with authority are available. Unless otherwise ordered, the court intends to hold mediation via Zoom beginning at 1pm. Clients (and/or their representatives) with authority are required to attend and participate. Participants shall be prepared to spend the remainder of the day in mediation. Signed by Judge Donna F. Martinez on 1/6/23.(Martinez, Donna)
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Filing 51
ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Settlement Conference. Signed by Judge Omar A. Williams on 1/5/23. (Velez, F.)
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Filing 50
ORDER. The court having been informed by the Courtroom Deputy that Plaintiff's counsel called to request a settlement conference with a United States Magistrate Judge, this action hereby is referred for that purpose. The Clerk of Court is asked, respectfully, to please assign a Magistrate Judge. Signed by Judge Omar A. Williams on 1/4/23. (Wagner, Rebecca)
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| Filing 49 Minute Entry for proceedings held before Judge Omar A. Williams: Markman Hearing held on 11/16/2022. Discussed document 42: description of figure 3 on pg. 9, specifically items noted as 34, 76, and 78; discussed the terms "slidingly engage", "locking pin", "continuous wall", and "hinge pin". The Court will consider the arguments raised today; thanks the parties for clarification, and will issue a written ruling. Time: 58 minutes (Court Reporter Catherine Cullen.) (Velez, F.) |
| NOTICE regarding hearing via Zoom: The Markman Hearing scheduled for 11/16/2022 at 11:00 a.m. will now be a hybrid hearing. The video link to join is https://www.zoomgov.com/j/1616160105?pwd=eEdJU1kwVWFMUkYybTNIZnRvanc3UT09, and the call in numbers are:+1 669 254 5252 US (San Jose); +1 646 828 7666 US (New York); +1 669 216 1590 US (San Jose). Meeting ID: 161 616 0105 Meeting Password: 844990Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Velez, F.) Modified on 11/15/2022 to correct date (Velez, F.). |
| Docket Entry Correction re Notice Regarding Hearing Via Zoom: corrected date to reflect 11/16/22. (Velez, F.) |
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Filing 48
ORDER granting ECF No. #47 , Motion to Modify the Scheduling Order. Discovery shall be completed on or before April 26, 2023, and any interim discovery deadlines hereby are approved and adopted. Any interim discovery deadlines may be modified without notice to the court provided all parties consent to the modification and the modification does not delay the final discovery deadline. Dispositive motions shall be filed on or before May 26, 2023. The parties shall submit their joint trial memorandum on or before July 3, 2023, if no dispositive motions are filed, or within the time period provided by the court upon its disposition of any dispositive motions that are filed. The court will thereafter set a jury selection date, and the parties should be prepared to proceed to trial on September 20, 2023.The hearing currently set for November 16, 2022, shall proceed as scheduled. Signed by Judge Omar A. Williams on 11/3/22. (Wagner, Rebecca)
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| Set Deadlines/Hearings: Discovery due by 4/26/2023 Dispositive Motions due by 5/26/2023 Trial Brief due by 7/3/2023 Trial Ready Date 9/20/2023 (Wagner, Rebecca) |
| Filing 47 Consent MOTION for Extension of Time until New Dates in Proposed Order Scheduling Order 27 Scheduling Order,,,,,,,,,, by Carbon Fishing, LLC. (Attachments: #1 Text of Proposed Order)(Curcio, Robert) |
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Filing 46
ORDER resetting hearing. Due to unforeseen changes in the court's schedule, the Markman hearing currently set for October 19, 2022, at 11 a.m. hereby is reset for November 16, 2022, at 11 a.m. The court thanks the parties for their understanding. It is so ordered. Signed by Judge Omar A. Williams on 10/12/22. (Wagner, Rebecca)
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| NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 10/19/2022 -- Markman Hearing set for 11/16/2022 at 11:00 AM in Courtroom One, 450 Main St., Hartford, CT before Judge Omar A. Williams. (Velez, F.) |
| Filing 45 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Markman Hearing set for 10/19/2022 at 11:00 AM in Courtroom One, 450 Main St., Hartford, CT before Judge Omar A. Williams. (Velez, F.) |
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Filing 44
ORDER setting hearing. The parties having submitted their claim construction briefs, see ECF Nos. #42 and #43 , a Markman hearing hereby is set for October 19, 2022, at 11 a.m. Note that this hearing will be held in lieu of the discovery status conference currently set for the same day. The parties may bring any other issues or disputes to the court's attention at this hearing. Signed by Judge Omar A. Williams on 9/2/22. (Wagner, Rebecca)
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| Filing 43 Claim Construction Statement Answering Claim Construction Brief (Attachments: #1 Exhibit A USPTO Office Action dated 04-15-2021, #2 Exhibit B Amendment and Remarks to Office Action, #3 Exhibit C Frederick Malcarne Testimony)(Schlosser, Brian) |
| Filing 42 Claim Construction Statement (Opening Claim Construction Brief) (Attachments: #1 Exhibit A - Dictionary Scans, #2 Exhibit B - Stirling Testimony, #3 Exhibit C - Megson Reference)(Rye, Michael) |
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Filing 41
ORDER granting ECF No. #40 , Motion to Modify the Scheduling Order. Plaintiff shall file its opening claim construction brief on or before June 8, 2022. Defendant shall file its answering claim construction brief on or before July 13, 2022. It is so ordered. Signed by Judge Omar A. Williams on 5/16/22. (Wagner, Rebecca)
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| Filing 40 Joint MOTION for Extension of Time until June 8, 2022 and July 13, 2022 Plaintiff's Opening Claim Construction Brief and Defendant's Answering Claim Construction Brief 38 Order on Motion to Amend/Correct by Winthrop Tackle, LLC. (Attachments: #1 Text of Proposed Order)(Rye, Michael) |
| Filing 39 Joint Claim Construction Statement (Attachments: #1 Exhibit A)(Rye, Michael) |
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Filing 38
ORDER granting ECF No. #37 , Motion to Modify the Scheduling Order. All proposed revised deadlines laid out in the motion are hereby APPROVED and ADOPTED. It is so ordered. Signed by Judge Omar A. Williams on 3/14/22. (Wagner, Rebecca)
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| Filing 37 Joint MOTION to Amend/Correct #26 Report of Rule 26(f) Planning Meeting, 27 Scheduling Order,,,,,,,,,, by Carbon Fishing, LLC.Responses due by 3/29/2022 (Attachments: #1 Text of Proposed Order)(Curcio, Robert) |
| Filing 36 Joint STATUS REPORT by Winthrop Tackle, LLC. (Rye, Michael) |
| Filing 35 NOTICE of Appearance by Joseph Curtis Edmondson on behalf of Carbon Fishing, LLC (Edmondson, Joseph) |
| Filing 34 NOTICE of Appearance by Robert Curcio on behalf of Carbon Fishing, LLC for J. Curtis Edmondson (Pro Hac Vice) (Curcio, Robert) |
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Filing 33
ORDER. The parties shall file a Joint Status Report in accordance with the attached Order. Signed by Judge Omar A. Williams on 12/28/21.(Wagner, Rebecca)
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Filing 32
ORDER OF TRANSFER. Case reassigned to Judge Omar A. Williams for all further proceedings. Signed by Clerk on 12/14/2021.(Hushin, Z.)
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Filing 31
ORDER granting #30 Motion to Dismiss Count II of Defendant's Counterclaim. The Court, having considered Carbon Fishing, LLC's Joint Stipulation and Consent Motion for Dismissal of Count II of Carbon Fishing LLC's Counterclaim, finds as follows: It is hereby ORDERED that Carbon Fishing, LLC's Joint Stipulation and Consent Motion for Dismissal of Count II of Carbon Fishing LLC's Counterclaim is GRANTED, and ORDERED ADJUDGED AND DECREED as follows: 1. Count II of the Counterclaim in C.A. No. 3:21-cv-00947 only is dismissed, without prejudice. 2. Each Party shall bear its own costs and attorneys' fees. IT IS SO ORDERED. Signed by Judge Vanessa L. Bryant on 10/21/2021. (Nault, James)
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| Filing 30 MOTION to Dismiss Count II of Carbon Fishing LLC's Counterclaim by Carbon Fishing, LLC.Responses due by 11/8/2021 (Attachments: #1 Text of Proposed Order ORDER RE JOINT STIPULATION AND CONSENT MOTION FOR DISMISSAL OF COUNT II OF CARBON FISHING, LLCS COUNTERCLAIM)(Schlosser, Brian) |
| Filing 29 ANSWER to #20 Answer to Complaint,, Counterclaim, by Winthrop Tackle, LLC.(Rye, Michael) |
| Filing 28 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Discovery status teleconference set for 10-19-2022 at 4:00 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are to dial 888-251-2909 and enter 2429024# as the access code. (Shafer, J.) |
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Filing 27
SCHEDULING ORDER: The Court has evaluated the Parties' #26 Joint Rule 26(f) Report and sets the following case management deadlines. The parties shall file their joint disputed claim construction chart by 4/6/2022, Plaintiff's opening Markman brief by 5/11/2022, and Defendant's responsive Markman brief by 6/15/2022. After reviewing the briefing, the Court will schedule a Markman Hearing and issue a claim construction ruling permitting the Parties sufficient time to complete discovery by the discovery deadline. To afford the Court sufficient time to accomplish this, the Court shifts several of the Parties' suggested deadlines, allowing the Parties to complete the schedule in a timely manner. A discovery status teleconference will take place on 10/19/2022 at 04:00 PM. Opening expert reports are shifted to 11/17/2022. Responsive expert reports are shifted to 12/21/2022. All discovery, including but not limited to depositions of expert witnesses, shall be completed by 1/26/2023. Dispositive motions are due by 2/28/2023. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 4/4/2023, and jury selection will take place on 6/20/2023 at 09:30 AM in Courtroom One, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 10/4/2023, and jury selection will take place on 12/19/2023 at 09:30 AM in Courtroom One, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month after jury selection is scheduled to take place. The Parties are directed to closely follow Chambers' Practices #5 -- including the deadlines and format of filings -- when completing and filing the JTM, which shall be accompanied by the voir dire questions, jury instructions, and motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The Parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than 2 weeks before jury selection. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If and/or when the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Signed by Judge Vanessa L. Bryant on 10/8/2021. (Nault, James)
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| Filing 26 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit (Proposed) Stipulated Document Production Protocol)(Rye, Michael) |
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Filing 25
ORDER granting Plaintiff's #24 Consent Motion for Extension of Time until 10/14/2021 to Answer or Otherwise Respond to Defendant's #20 Answer and Counterclaims. Signed by Judge Vanessa L. Bryant on 9/30/2021. (Nault, James)
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| Filing 24 Consent MOTION for Extension of Time until October 14, 2021 To Answer or Otherwise Respond to Counterclaim #20 Answer to Complaint,, Counterclaim, by Winthrop Tackle, LLC. (Rye, Michael) |
| Filing 23 CERTIFICATE OF GOOD STANDING re #17 MOTION for Attorney(s) J. Curtis Edmondson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6639072) by Carbon Fishing, LLC. (Curcio, Robert) |
| Filing 22 NOTICE of Appearance by Brian G Schlosser on behalf of Carbon Fishing, LLC (Schlosser, Brian) |
| Filing 21 26(f) NOTICE: The Court has reviewed the file in this case to monitor compliance with Local Rule 26(f). Local Rule 26(f) provides that, within thirty days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within fourteen days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before 10-6-2021: (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 9-22-2021. (Shafer, J.) |
| Filing 20 Defendant Carbon Fishing LLC ANSWER to #1 Complaint with Affirmative Defenses and Special Defenses with Jury Demand , First COUNTERCLAIM against Winthrop Tackle, LLC by Carbon Fishing, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Curcio, Robert) |
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Filing 19
ORDER denying #16 Motion to Appoint Counsel pro hac vice as moot in light of the Court's Dkt. 18 Order granting Defendant's Motion for Admission pro hac vice. Signed by Judge Vanessa L. Bryant on 9/8/2021. (Nault, James)
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Filing 18
ORDER granting #17 Motion to Appear pro hac vice. Certificate of Good Standing due by 11/7/2021. Signed by Judge Vanessa L. Bryant on 9/8/2021. (Nault, James)
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| Filing 17 MOTION for Attorney(s) J. Curtis Edmondson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6639072) by Carbon Fishing, LLC. (Attachments: #1 Affidavit Declaration of J. Curtis Edmondson)(Curcio, Robert) |
| Filing 16 MOTION to Appoint Counsel pro hac vice by Carbon Fishing, LLC. (Attachments: #1 Affidavit of Attorney J. Curtis Edmondson)(Curcio, Robert) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. Answer is now due by September 9, 2021. Signed by Judge Vanessa L. Bryant on 8-8-2021. (Shafer, J.)
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| Answer deadline updated to 9-9-2021 per Dkt. 15 Order. (Shafer, J.) |
| Filing 14 Consent MOTION for Extension of Time until 09/09/2021 Answer or Otherwise Respond to Complaint #1 Complaint by Carbon Fishing, LLC. (Curcio, Robert) |
| Filing 13 NOTICE of Appearance by Robert Curcio on behalf of Carbon Fishing, LLC (Curcio, Robert) |
| Filing 12 SUMMONS Returned Executed by Winthrop Tackle, LLC. Carbon Fishing, LLC served on 7/29/2021, answer due 8/19/2021. (Rye, Michael) |
| Filing 11 NOTICE of Appearance by Nicholas Andrew Geiger on behalf of Winthrop Tackle, LLC (Geiger, Nicholas) |
| Filing 10 Corporate Disclosure Statement by Winthrop Tackle, LLC. (Rye, Michael) |
| Filing 9 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Carbon Fishing, LLC* with answer to complaint due within *21* days. Attorney *Michael J. Rye* *Cantor Colburn LLP - Htfd* *20 Church Street, 22nd Floor* *Hartford, CT 06103*. (Velez, F.) |
| Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Order Re: Chambers Practices, #3 Electronic Filing Order, #4 Standing Protective Order, #7 Report on Patent/Trademark Form, #1 Complaint filed by Winthrop Tackle, LLC, #6 Order, #2 Order on Pretrial Deadlines. Signed by Clerk on 7/9/21. (Velez, F.) |
| Filing 7 AO 120 Report on the Filing of an Action re: Patent or Trademark Form Completed. (Attachments: #1 Complaint and Exhibits) (Velez, F.) |
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Filing 6
Standing Order on Patent Cases. Signed by Judge Vanessa L. Bryant on 7/9/21. (Velez, F.)
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Filing 5
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/9/21. (Velez, F.)
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/9/21. (Velez, F.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/9/21. (Velez, F.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 9/7/2021; Discovery due by 1/8/2022; Dispositive Motions due by 2/12/2022. Signed by Clerk on 7/9/21. (Velez, F.)
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| Filing 1 COMPLAINT against CARBON FISHING, LLC ( Filing fee $402 receipt number ACTDC-6571663.), filed by WINTHROP TACKLE, LLC. (Attachments: #1 Exhibit A - US Patent 11,051,500)(Rye, Michael) |
| Request for Clerk to issue summons as to CARBON FISHING, LLC. (Rye, Michael) |
| Judge Vanessa L. Bryant added. (Anastasio, F.) |
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| Plaintiff: Winthrop Tackle, LLC | |
| Represented By: | Michael J. Rye |
| Represented By: | Nicholas Andrew Geiger |
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| Defendant: Carbon Fishing, LLC | |
| Represented By: | Robert Curcio |
| Represented By: | Joseph Curtis Edmondson |
| Represented By: | Brian G Schlosser |
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