Boston Fog LLC v. Ryobi Technologies, Inc. et al
Plaintiff: Boston Fog LLC
Defendant: Techtronic Industries North America, Inc., One World Technologies, Inc. and Ryobi Technologies Inc.
Case Number: 1:2019cv02310
Filed: December 20, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2020 Filing 34 ANSWERING BRIEF in Opposition re #33 MOTION for Leave to File a Sur-Reply to Defendants' Motion to Dismiss First Amended Complaint filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc..Reply Brief due date per Local Rules is 2/21/2020. (Dudash, Amy)
February 7, 2020 CORRECTING ENTRY: Corrected motion added to D.I. 33 per request of counsel. (ntl)
February 7, 2020 Opinion or Order SO ORDERED, re #32 MOTION for Pro Hac Vice Appearance of Attorney Brendan M. Shortell and Gary E. Lambert filed by Boston Fog LLC. Signed by Judge Leonard P. Stark on 2/7/20. (ntl)
February 6, 2020 Filing 33 MOTION for Leave to File a Sur-Reply to Defendants' Motion to Dismiss First Amended Complaint - filed by Boston Fog LLC. (Attachments: #1 Exhibit Exhibit 1 - Proposed Surreply)(Pearson, Tracy) (Main Document 33 replaced on 2/7/2020) (ntl).
February 6, 2020 Filing 32 MOTION for Pro Hac Vice Appearance of Attorney Brendan M. Shortell and Gary E. Lambert - filed by Boston Fog LLC. (Attachments: #1 Exhibit Certification of Counsel to be Admitted Pro Hac Vice-Brendan M. Shortell, #2 Exhibit Certification of Counsel to be Admitted Pro Hac Vice-Gary E. Lambert)(Pearson, Tracy)
February 6, 2020 Opinion or Order Filing 31 ORAL ORDER: Pursuant to 28 U.S.C. 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Jennifer L. Hall: Motion to Dismiss (D.I. #22 ). ORDERED by Judge Leonard P. Stark on 2/6/2020.(ntl)
January 31, 2020 Filing 30 REQUEST for Oral Argument by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc. re #22 MOTION to Dismiss for Failure to State a Claim . (Dudash, Amy)
January 31, 2020 Filing 29 REPLY to Response to Motion re #22 MOTION to Dismiss for Failure to State a Claim filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc.. (Dudash, Amy)
January 29, 2020 Pro Hac Vice Attorney Jason C. White for One World Technologies, Inc., Ryobi Technologies Inc. and Techtronic Industries North America, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
January 29, 2020 Opinion or Order SO ORDERED, re #28 MOTION for Pro Hac Vice Appearance of Attorney Jason C. White filed by Techtronic Industries North America, Inc., One World Technologies, Inc., Ryobi Technologies Inc. Signed by Judge Leonard P. Stark on 1/29/20. (ntl)
January 28, 2020 Filing 28 MOTION for Pro Hac Vice Appearance of Attorney Jason C. White - filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc.. (Attachments: #1 Certification of Jason C. White)(Dudash, Amy)
January 27, 2020 Opinion or Order SO ORDERED, re #25 MOTION for Extension of Time to File Response as to #22 MOTION to Dismiss for Failure to State a Claim (Assented-To) filed by Boston Fog LLC. Signed by Judge Leonard P. Stark on 1/27/20. (ntl)
January 27, 2020 Opinion or Order SO ORDERED, re #27 Joint STIPULATION TO EXTEND TIME for Defendants to File Reply Brief in Support of Their Motion to Dismiss to January 31, 2020 filed by Techtronic Industries North America, Inc., One World Technologies, Inc., Ryobi Technologies Inc. Signed by Judge Leonard P. Stark on 1/27/20. (ntl)
January 23, 2020 Filing 27 Joint STIPULATION TO EXTEND TIME Defendants to File Reply Brief in Support of Their Motion to Dismiss to January 31, 2020 - filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc.. (Dudash, Amy)
January 21, 2020 Filing 26 ANSWERING BRIEF in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by Boston Fog LLC.Reply Brief due date per Local Rules is 1/28/2020. (Pearson, Tracy)
January 21, 2020 Filing 25 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Failure to State a Claim (Assented-To) - filed by Boston Fog LLC. (Pearson, Tracy)
January 7, 2020 Pro Hac Vice Attorney Nicholas A. Restauri for One World Technologies, Inc., Ryobi Technologies Inc. and Techtronic Industries North America, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
January 6, 2020 Opinion or Order SO ORDERED, re #24 MOTION for Pro Hac Vice Appearance of Attorney Nicholas A. Restauri filed by Techtronic Industries North America, Inc., One World Technologies, Inc., Ryobi Technologies Inc. Signed by Judge Leonard P. Stark on 1/6/20. (ntl)
January 3, 2020 Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Nicholas A. Restauri - filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc.. (Attachments: #1 Certification of Nicholas A. Restauri)(Dudash, Amy)
January 3, 2020 Filing 23 OPENING BRIEF in Support re #22 MOTION to Dismiss for Failure to State a Claim filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc..Answering Brief/Response due date per Local Rules is 1/17/2020. (Dudash, Amy)
January 3, 2020 Filing 22 MOTION to Dismiss for Failure to State a Claim - filed by One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss with Prejudice)(Dudash, Amy)
January 2, 2020 Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
December 27, 2019 Filing 21 NOTICE of Appearance by Amy Michele Dudash on behalf of One World Technologies, Inc., Ryobi Technologies Inc., Techtronic Industries North America, Inc. (Dudash, Amy)
December 26, 2019 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
December 20, 2019 Filing 20 Local Counsel Letter sent. Notice of Compliance deadline set for 1/21/2020. (apk)
December 20, 2019 Filing 19 Record of case transferred in from District of New Hampshire; Case Number in Other District: 1:19-cv-01076. Copy of Docket Sheet and original file
December 20, 2019 Opinion or Order ENDORSED ORDER granting #18 Motion to Change Venue. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(vln) [Transferred from New Hampshire on 12/20/2019.]
December 17, 2019 Filing 18 Assented to MOTION to Change Venue filed by Boston Fog LLC. (Attachments: #1 Memorandum of Law)(Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]
November 22, 2019 Filing 17 NOTICE of Attorney Appearance by Nicholas Restauri on behalf of One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. Attorney Nicholas Restauri added to party One World Technologies, Inc.(pty:dft), Attorney Nicholas Restauri added to party Ryobi Technologies, Inc.(pty:dft), Attorney Nicholas Restauri added to party Techtronic Industries North America, Inc. (pty:dft).(Restauri, Nicholas) [Transferred from New Hampshire on 12/20/2019.]
November 22, 2019 Filing 16 NOTICE of Attorney Appearance by Jason C White on behalf of One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. Attorney Jason C White added to party One World Technologies, Inc.(pty:dft), Attorney Jason C White added to party Ryobi Technologies, Inc.(pty:dft), Attorney Jason C White added to party Techtronic Industries North America, Inc. (pty:dft).(White, Jason) [Transferred from New Hampshire on 12/20/2019.]
November 21, 2019 Opinion or Order ENDORSED ORDER granting #14 Motion to Extend Time to Answer re #1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. (vln) [Transferred from New Hampshire on 12/20/2019.]
November 21, 2019 Opinion or Order ENDORSED ORDER granting #12 Motion for Jason C. White to Appear Pro Hac Vice; granting #13 Motion for Nicholas A. Restauri to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln) [Transferred from New Hampshire on 12/20/2019.]
November 19, 2019 Filing 15 Disclosure Statement by One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (George, Wayne) [Transferred from New Hampshire on 12/20/2019.]
November 19, 2019 Filing 14 Assented to MOTION to Extend Time to Answer to December 19, 2019 filed by One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Attachments: #1 Proposed Order Proposed Order)(George, Wayne) [Transferred from New Hampshire on 12/20/2019.]
November 19, 2019 Filing 13 Assented to MOTION for Nicholas A. Restauri to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1894041.) filed by One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Attachments: #1 Exhibit (Affidavit) Restauri Declaration in Support, #2 Proposed Order Proposed Order)(George, Wayne) [Transferred from New Hampshire on 12/20/2019.]
November 19, 2019 Filing 12 Assented to MOTION for Jason C. White to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1894024.) filed by One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Attachments: #1 Exhibit (Affidavit) White Declaration in Support, #2 Proposed Order Proposed Order)(George, Wayne) [Transferred from New Hampshire on 12/20/2019.]
November 19, 2019 Filing 11 NOTICE of Attorney Appearance by Wayne E. George on behalf of One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. Attorney Wayne E. George added to party One World Technologies, Inc.(pty:dft), Attorney Wayne E. George added to party Ryobi Technologies, Inc.(pty:dft), Attorney Wayne E. George added to party Techtronic Industries North America, Inc. (pty:dft).(George, Wayne) [Transferred from New Hampshire on 12/20/2019.]
October 30, 2019 Filing 10 Return of Service Executed as to Ryobi Technologies, Inc. by Boston Fog LLC. Served/Mailed on 10/29/2019. Answer Follow Up on 11/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]
October 30, 2019 Filing 9 Return of Service Executed as to Techtronic Industries North America, Inc. by Boston Fog LLC. Served/Mailed on 10/29/2019. Answer Follow Up on 11/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]
October 30, 2019 Filing 8 Return of Service Executed as to One World Technologies, Inc. by Boston Fog LLC. Served/Mailed on 10/29/2019. Answer Follow Up on 11/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]
October 24, 2019 Filing 7 Summonses issued electronically as to One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ej) [Transferred from New Hampshire on 12/20/2019.]
October 23, 2019 Filing 6 AMENDED COMPLAINT against Ryobi Technologies, Inc., Techtronic Industries North America, Inc., One World Technologies, Inc. with jury demand filed by Boston Fog LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 9414580, #2 Exhibit B - Accused Product, #3 Exhibit C - Claim Chart, #4 Summons - Waiver, #5 Summons - Waiver)(Lambert, Gary) (Additional attachment(s) added on 10/24/2019: #6 Summons - Waiver) (ej). [Transferred from New Hampshire on 12/20/2019.]
October 22, 2019 Filing 5 AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark forwarded this date to the Commissioner on Patents and Trademarks, Washington, DC. (ej) [Transferred from New Hampshire on 12/20/2019.]
October 22, 2019 Filing 4 AO 120 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK by Boston Fog LLC(Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]
October 22, 2019 Filing 3 Disclosure Statement by Boston Fog LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]
October 17, 2019 Filing 2 Summons issued electronically as to Ryobi Technologies, Inc.. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ej) [Transferred from New Hampshire on 12/20/2019.]
October 17, 2019 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ej) [Transferred from New Hampshire on 12/20/2019.]
October 17, 2019 NOTICE re: #1 Complaint - New Case, filed by Boston Fog LLC. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Boston Fog LLC shall file a disclosure statement by October 24, 2019. Disclosure Statement due 10/24/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ej) [Transferred from New Hampshire on 12/20/2019.]
October 15, 2019 Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number 0102-1876608 filed by Boston Fog LLC. (Attachments: #1 Exhibit A - United States Patent No. 9,414,580, #2 Exhibit B - Accused Product, #3 Exhibit C - Claim Chart, #4 Civil Cover Sheet, #5 Summons - Waiver)(Lambert, Gary) [Transferred from New Hampshire on 12/20/2019.]

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Defendant: Techtronic Industries North America, Inc.
Represented By: Amy Michele Dudash
Represented By: Nicholas A. Restauri
Represented By: Jason C. White
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Defendant: One World Technologies, Inc.
Represented By: Amy Michele Dudash
Represented By: Nicholas A. Restauri
Represented By: Jason C. White
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Defendant: Ryobi Technologies Inc.
Represented By: Amy Michele Dudash
Represented By: Nicholas A. Restauri
Represented By: Jason C. White
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Plaintiff: Boston Fog LLC
Represented By: Tracy L. Pearson
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