Diebold, Incorporated et al v. Nautilus Hyosung Inc. et al
Plaintiff: Diebold Self-Service Systems, Diebold, Incorporated and Diebold Nixdorf, Inc.
Defendant: Nautilus Hyosung Inc., Nautilus Hyosung America Inc. and Hyosung TNS Inc.
Case Number: 1:2019cv01695
Filed: September 11, 2019
Court: US District Court for the District of Delaware
Office: Wilmington Office
Presiding Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2019 Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Keith E. Broyles - filed by Diebold Nixdorf, Inc., Diebold Self-Service Systems. (Smith, Rodger)
October 4, 2019 Filing 40 MOTION for Pro Hac Vice Appearance of Attorney David S. Frist and Joshua M. Weeks - filed by Diebold Nixdorf, Inc., Diebold Self-Service Systems. (Smith, Rodger)
October 4, 2019 Filing 39 STIPULATION TO EXTEND TIME re: Defendants Answer to 1st Amended Complaint to through and including November 12, 2019 - filed by Hyosung TNS Inc., Nautilus Hyosung America Inc.. (Farnan, Kelly)
October 4, 2019 Opinion or Order SO ORDERED, re #41 MOTION for Pro Hac Vice Appearance of Attorney Keith E. Broyles filed by Diebold Nixdorf, Inc., Diebold Self-Service Systems. Signed by Judge Leonard P. Stark on 10/4/19. (ntl)
October 4, 2019 Opinion or Order SO ORDERED, re #39 STIPULATION TO EXTEND TIME re: Defendants Answer to 1st Amended Complaint to through and including November 12, 2019 filed by Nautilus Hyosung America Inc., Hyosung TNS Inc. Signed by Judge Leonard P. Stark on 10/4/19. (ntl)
October 4, 2019 Opinion or Order SO ORDERED, re #40 MOTION for Pro Hac Vice Appearance of Attorney David S. Frist and Joshua M. Weeks filed by Diebold Nixdorf, Inc., Diebold Self-Service Systems. Signed by Judge Leonard P. Stark on 10/4/19. (ntl)
September 27, 2019 Filing 38 First AMENDED COMPLAINT against Nautilus Hyosung America Inc., Hyosung TNS Inc.- filed by Diebold, Incorporated, Diebold Self-Service Systems, Diebold Nixdorf, Inc.. (Attachments: #1 Exhibits A-E, #2 Exhibits F-G, #3 Exhibits H-J, #4 Exhibit K, #5 Exhibit L)(Smith, Rodger)
September 27, 2019 Filing 37 NOTICE of Appearance by Rodger Dallery Smith, II on behalf of Diebold Self-Service Systems, Diebold Nixdorf, Inc. (Smith, Rodger)
September 18, 2019 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
September 11, 2019 Filing 36 Local Counsel Letter sent. Notice of Compliance deadline set for 10/11/2019. (amf)
September 11, 2019 Filing 35 Record of case transferred in from District of Ohio Northern; Case Number in Other District: 1:15-cv-02153. Copy of Docket Sheet and original file
September 9, 2019 Filing 34 Memorandum Opinion and Order. For the reasons set forth above, Plaintiffs' Motions to Lift Stay (or to Reinstate the Case) (ECF #27 ) and to Transfer Venue to the District of Delaware (ECF #28 ) are granted. This case is hereby reinstated and the Clerk of Courts is directed to transfer this matter to the United States District Court for the District of Delaware. IT IS SO ORDERED. Judge Donald C. Nugent on 9/9/2019. (M,S) [Transferred from Ohio Northern on 9/11/2019.]
August 28, 2019 Filing 33 Reply in support of #28 Motion to change/transfer venue to the District of Delaware filed by Diebold Self-Service Systems, Diebold, Incorporated. (Frist, David) [Transferred from Ohio Northern on 9/11/2019.]
August 28, 2019 Filing 32 Reply in support of #27 Motion to lift stay Pending ITC Investigation filed by Diebold Self-Service Systems, Diebold, Incorporated. (Frist, David) [Transferred from Ohio Northern on 9/11/2019.]
August 27, 2019 Filing 31 Response to #28 Motion to change/transfer venue to the District of Delaware filed by All Defendants. (Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
August 27, 2019 Filing 30 Response to #27 Motion to lift stay Pending ITC Investigation filed by All Defendants. (Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
August 13, 2019 Filing 29 Supplement to Motion to lift stay Pending ITC Investigation filed by Diebold Self-Service Systems, Diebold, Incorporated. Related document(s) #27 . (Attachments: #1 Exhibit 1-Mandate)(Frist, David) [Transferred from Ohio Northern on 9/11/2019.]
August 13, 2019 Filing 28 Motion to change/transfer venue to the District of Delaware filed by Diebold Self-Service Systems, Diebold, Incorporated. (Attachments: #1 Memorandum in Support)(Frist, David) [Transferred from Ohio Northern on 9/11/2019.]
August 13, 2019 Filing 27 Motion to lift stay Pending ITC Investigation filed by Diebold Self-Service Systems, Diebold, Incorporated. Related document(s) #12 . (Attachments: #1 Memorandum in Support)(Frist, David) [Transferred from Ohio Northern on 9/11/2019.]
December 12, 2018 Filing 26 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (K,Ca) [Transferred from Ohio Northern on 9/11/2019.]
November 19, 2018 Filing 25 Marginal Entry Order granting Motion to continue status conference in view of statutory stay. Motion granted inasmuch as counsel has requested an indefinite stay, case will be dismissed without prejudice and parties will be permitted to petition the Court to reinstate case, if they wish, upon completion of ITC investigation. (Related Doc #24 ). Judge Donald C. Nugent on 11/18/18.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
November 15, 2018 Filing 24 Motion to continue December 12, 2018 Status Conference filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc. (Attachments: #1 Exhibit 1 - Initial Determination, #2 Exhibit 2 - Commission Opinion, #3 Exhibit 3 - Notice of Docketing)(Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
November 15, 2018 IMPORTANT: Notice (non-document) of Status Conference set for 12/12/2018 at 9:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) [Transferred from Ohio Northern on 9/11/2019.]
June 12, 2018 Opinion or Order Order [non-document]granting Defendants' Motion to continue status conference(Related Doc #23 ). Judge Donald C. Nugent on 6/12/18.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
June 8, 2018 Filing 23 Motion to continue Status Conference Scheduled for June 13, 2018, in View of Statutory Stay filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc.. (Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
February 12, 2018 Opinion or Order Order (non-document) granting Motion to continue status conference scheduled for February 16, 2018.(Related Doc #22 ). Status conference is re-scheduled 6/13/18 at 9:00 a.m. Judge Donald C. Nugent on 2/12/18.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
February 8, 2018 Filing 22 Motion to continue February 16, 2018 Status Conference filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc.. (Attachments: #1 Exhibit 1 - Initial Determination, #2 Exhibit 2 - Final Determination, #3 Exhibit 3 - Notice of Docketing)(Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
February 8, 2018 Filing 21 Notice of Withdrawal of Appearance of Jackob Ben-Ezra filed by All Defendants. (Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
February 8, 2018 Filing 20 Address Change Notice of Kevin C. Wheeler by Scott D. Simpkins filed by on behalf of All Defendants. (Simpkins, Scott) [Transferred from Ohio Northern on 9/11/2019.]
February 6, 2018 IMPORTANT: Notice (non-document)of Status Conference set for 2/16/2018 at 9:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) [Transferred from Ohio Northern on 9/11/2019.]
April 3, 2017 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney David S. Frist, Esq, for Diebold Self-Service Systems and Diebold, Incorporated. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #16 ). Judge Donald C. Nugent on 4/3/17.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
February 6, 2017 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Keith E. Broyles, Esq. for Diebold Self-Service Systems and Diebold, Incorporated. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #19 ). Judge Donald C. Nugent on 2/6/17.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
February 6, 2017 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Patrick J. Flinn, Esq. for Diebold Self-Service Systems,Patrick J. Flinn for Diebold, Incorporated. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #18 ). Judge Donald C. Nugent on 2/6/17.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
February 2, 2017 Filing 19 Motion for attorney Keith E. Broyles to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8008865, filed by Diebold Self-Service Systems, Diebold, Incorporated. (Attachments: #1 Affidavit)(Gaum, R.) Modified text on 2/3/2017 (G,CA). [Transferred from Ohio Northern on 9/11/2019.]
February 2, 2017 Filing 18 Motion for attorney Patrick J. Flinn to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8007582, filed by Diebold Self-Service Systems, Diebold, Incorporated. (Attachments: #1 Affidavit)(Gaum, R.) Modified text on 2/2/2017 (G,CA). [Transferred from Ohio Northern on 9/11/2019.]
February 1, 2017 Filing 17 Marginal Entry Order granting Motion to continue status conference set for 2/6/17.(Related Doc #15 )Counsel shall notify the Court at conclusion of ITC proceedings. Judge Donald C. Nugent on 1/31/17.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
January 31, 2017 Filing 16 Motion for attorney David S. Frist to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8004416, filed by Diebold Self-Service Systems, Diebold, Incorporated. (Attachments: #1 Affidavit)(Gaum, R.) Modified text on 2/1/2017 (G,CA). [Transferred from Ohio Northern on 9/11/2019.]
January 30, 2017 Filing 15 Notice of Appearance and Motion to continue February 6, 2017 Status Conference filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc. (Simpkins, Scott) Modified text on 1/31/2017 (S,SR). [Transferred from Ohio Northern on 9/11/2019.]
January 26, 2017 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Kevin C. Wheeler, Esq. for Nautilus Hyosung America Inc., and Nautilus Hyosung Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #13 ) Judge Donald C. Nugent on 1/26/17.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
January 25, 2017 Filing 14 Supplement to #13 Motion for attorney Kevin C. Wheeler to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7994815, filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc. (Ben-Ezra, Jackob) Modified text on 1/25/2017 (P,WL). [Transferred from Ohio Northern on 9/11/2019.]
January 24, 2017 Filing 13 Motion for attorney Kevin C. Wheeler to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7994815, filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc. (Attachments: #1 Affidavit)(Ben-Ezra, Jackob) Modified on 1/25/2017. Attorney to file affidavit with original signature.(G,CA). [Transferred from Ohio Northern on 9/11/2019.]
January 12, 2017 IMPORTANT: Notice (non-document)of Status Conference set for 2/6/2017 at 9:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) [Transferred from Ohio Northern on 9/11/2019.]
March 22, 2016 Filing 12 Marginal Entry Order granting Motion to stay (Related Doc #7 ). Counsel to notify Court within 30 days after final disposition at the "ITC". Judge Donald C. Nugent on 3/21/16.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
March 15, 2016 Filing 11 Case Management Conference Scheduling Order with case management conference to be held on 4/19/2016 at 10:30 AM at Courtroom 15A before Judge Donald C. Nugent 3/15/16. (C,KA) [Transferred from Ohio Northern on 9/11/2019.]
January 15, 2016 Filing 10 Return of Service executed upon Nautilus Hyosung Inc., (South Korea) on December 8, 2015 filed on behalf of Diebold Self-Service Systems, Diebold, Incorporated (Gaum, R.) Modified text incorrect event used on 1/15/2016 (E,P). [Transferred from Ohio Northern on 9/11/2019.]
January 15, 2016 Filing 9 Returned of Service executed upon Nautilus Hyosung America Inc. on December 8, 2015 filed on behalf of Diebold Self-Service Systems, Diebold, Incorporated (Gaum, R.) Modified text incorrect event used on 1/15/2016 (E,P) [Transferred from Ohio Northern on 9/11/2019.]
December 21, 2015 Opinion or Order Order [non-document]granting #8 Defendant's Unopposed Motion for Extension of Time to Answer until April 1, 2016 as to Nautilus Hyosung America Inc., and Nautilus Hyosung Inc. Judge Donald C. Nugent on 12/21/15.(R,JM) [Transferred from Ohio Northern on 9/11/2019.]
December 16, 2015 Filing 8 Unopposed Motion for extension of time until April 1, 2016 to answer or otherwise plead filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc.. (Attachments: #1 Brief in Support)(Ben-Ezra, Jackob) [Transferred from Ohio Northern on 9/11/2019.]
December 16, 2015 Filing 7 Unopposed Motion to stay the Proceedings Pursuant to 28 U.S.C. 1659 (a) and Proposed Order filed by Nautilus Hyosung America Inc., Nautilus Hyosung Inc. (Attachments: #1 Brief in Support, #2 Exhibit 1 Letters, #3 Exhibit 2 Notice of Institution of Investigation, #4 Exhibit 3 Federal Register 11/20/2015)(Ben-Ezra, Jackob) Modified to add exhibit description on 12/17/2015 (B,R). [Transferred from Ohio Northern on 9/11/2019.]
December 16, 2015 Filing 6 Attorney Appearance by Jackob Ben-Ezra filed by on behalf of Nautilus Hyosung America Inc., Nautilus Hyosung Inc.. (Ben-Ezra, Jackob) [Transferred from Ohio Northern on 9/11/2019.]
October 22, 2015 Filing 5 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Diebold Self-Service Systems, Diebold, Incorporated. (Gaum, R.) [Transferred from Ohio Northern on 9/11/2019.]
October 19, 2015 Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Nautilus Hyosung America Inc. & Nautilus Hyosung Inc. (C,BA) [Transferred from Ohio Northern on 9/11/2019.]
October 19, 2015 Filing 3 Corporate Disclosure Statement identifying Corporate Parent Diebold, Incorporated for Diebold Self-Service Systems filed by Diebold Self-Service Systems. (C,BA) [Transferred from Ohio Northern on 9/11/2019.]
October 19, 2015 Filing 2 Corporate Disclosure Statement filed by Diebold, Incorporated. (C,BA) [Transferred from Ohio Northern on 9/11/2019.]
October 19, 2015 Filing 1 Complaint with jury demand against Nautilus Hyosung America Inc. & Nautilus Hyosung Inc. Filing fee paid, receipt # 14660081158. Filed by Diebold, Incorporated & Diebold Self-Service Systems. (Attachments: #1 Exhibit A - US Patent 6,082,616, #2 Exhibit B - US Patent 7,121,461, #3 Exhibit C - US Patent 7,229,010, #4 Exhibit D - US Patent 7,249,761, #5 Exhibit E - US Patent 7,314,163, #6 Exhibit F - US Patent 7,832,631, #7 Civil Cover Sheet) (C,BA) [Transferred from Ohio Northern on 9/11/2019.]
October 19, 2015 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman. (C,BA) [Transferred from Ohio Northern on 9/11/2019.]
October 19, 2015 This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (C,BA) [Transferred from Ohio Northern on 9/11/2019.]

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Search for this case: Diebold, Incorporated et al v. Nautilus Hyosung Inc. et al
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Defendant: Nautilus Hyosung Inc.
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Defendant: Nautilus Hyosung America Inc.
Represented By: Kelly E. Farnan
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Defendant: Hyosung TNS Inc.
Represented By: Kelly E. Farnan
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Plaintiff: Diebold Self-Service Systems
Represented By: Rodger Dallery Smith, II
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Plaintiff: Diebold, Incorporated
Represented By: Rodger Dallery Smith, II
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Plaintiff: Diebold Nixdorf, Inc.
Represented By: Rodger Dallery Smith, II
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