Ethanol Boosting Systems, LLC et al v. Ford Motor Company
Massachusetts Institute of Technology and Ethanol Boosting Systems, LLC |
Ford Motor Company |
1:2020cv00706 |
May 27, 2020 |
US District Court for the District of Delaware |
Colm F Connolly |
Jennifer L Hall |
Patent |
35 U.S.C. § 271 Patent Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 93 ORDER: IT IS ORDERED that this case is stayed and administratively closed until further order of the court. The parties shall promptly notify the court when the IPR proceedings have been resolved so that the case may be reopened and other appropriate action may be taken. Signed by Judge Colm F. Connolly on 12/19/2022. (nmf) |
Filing 92 SO ORDERED, granting #91 STIPULATION to Stay, Case stayed. Signed by Judge Colm F. Connolly on 12/19/2022. (nmf) |
Filing 91 STIPULATION to Stay by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Michael) |
Filing 90 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant to respond to Plaintiffs' Motion to Enter Amended Scheduling Order and (ii) for Plaintiffs to respond to Defendant's Motion to Stay to (i) 12/19/2022 and (ii) 12/21/2022 - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Michael) |
SO ORDERED, re #90 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant to respond to Plaintiffs' Motion to Enter Amended Scheduling Order and (ii) for Plaintiffs to respond to Defendant's Motion to Stay to (i) 12/19/2022 and (ii) 12/21/2022, filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Reset Briefing Schedule: re #83 MOTION to Enter Amended Scheduling Order . Answering Brief due 12/19/2022. Ordered by Judge Colm F. Connolly on 12/8/2022. (kmd) |
Reset Briefing Schedule: re #87 MOTION to Stay Pending Resolution of the Instituted IPRs. Answering Brief due 12/21/2022. (kmd) |
Filing 89 DECLARATION re #87 MOTION to Stay Pending Resolution of the Instituted IPRs -- Declaration of Andrew J. Ligotti -- by Ford Motor Company. (Attachments: #1 Exs. 1-7)(Smith, Rodger) |
Filing 88 OPENING BRIEF in Support re #87 MOTION to Stay Pending Resolution of the Instituted IPRs - filed by Ford Motor Company.Answering Brief/Response due date per Local Rules is 12/14/2022. (Smith, Rodger) |
Filing 87 MOTION to Stay Pending Resolution of the Instituted IPRs - filed by Ford Motor Company. (Smith, Rodger) |
Filing 86 NOTICE requesting Clerk to remove Brian D. Hill as co-counsel. Reason for request: no longer with the firm. (Smith, Rodger) |
Motions No Longer Referred: #83 MOTION to Enter Amended Scheduling Order. The automatic referral to the magistrate judge has been removed for this motion. (nmf) |
Filing 85 PROPOSED ORDER re #83 MOTION to Enter Amended Scheduling Order by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
Filing 84 DECLARATION re #83 MOTION to Enter Amended Scheduling Order of Steven M. Seigel by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Exhibit 1)(Farnan, Brian) |
Filing 83 MOTION to Enter Amended Scheduling Order - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Rule 7.1.1 Certification)Motions referred to Jennifer L. Hall.(Farnan, Brian) |
Filing 82 STATEMENT Plaintiffs' Disclosure Pursuant to The Court's Standing Order Regarding Third-Party Litigation Funding Arrangements by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
Filing 81 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
CASE NO LONGER REFERRED to Magistrate Judge Fallon for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (lih) |
Filing 80 MANDATE of USCA as to #75 Notice of Appeal (Federal Circuit), filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. USCA Decision: VACATED AND REMANDED. (Attachments: #1 Judgment, #2 Opinion)(kmd) |
Filing 79 NOTICE of Change of Address by Brian E. Farnan (Farnan, Brian) |
Filing 78 Official Transcript of Markman hearing held on March 16, 2021 before Judge Connolly. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/24/2021. Redacted Transcript Deadline set for 9/3/2021. Release of Transcript Restriction set for 11/1/2021. (vjg) |
Filing 77 NOTICE requesting Clerk to remove William D. O'Connell as co-counsel.. (Farnan, Brian) |
Filing 76 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #75 Notice of Appeal (Federal Circuit) filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. USCA Case Number 2021-1949. (nmf) |
Filing 75 NOTICE OF APPEAL to the Federal Circuit of #73 SO ORDERED, Judgment, #71 Order . Appeal filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
APPEAL - Credit Card Payment of $505.00 received re #75 Notice of Appeal (Federal Circuit) filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. ( Filing fee $505, receipt number ADEDC-3613537.) (Farnan, Brian) |
Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #75 Notice of Appeal (Federal Circuit). (amf) |
Filing 74 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,708,965 B2 ;US 10,619,580 B2. (Attachments: #1 Stipulated Judgment of Non-Infringement)(nmf) |
Filing 73 SO ORDERED, re #72 STIPULATION of Non-Infringement. JUDGMENT in favor of Ford Motor Company against Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology (CASE CLOSED). Signed by Judge Colm F. Connolly on 4/16/2021. (nmf) |
Filing 72 STIPULATION of Non-Infringement by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Text of Proposed Order)(Farnan, Brian) |
Filing 71 CLAIM CONSTRUCTION ORDER re #70 Letter and Proposed Order. Signed by Judge Colm F. Connolly on 3/25/2021. (nmf) |
Filing 70 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Proposed Claim Construction Order. (Attachments: #1 Text of Proposed Order)(Farnan, Brian) |
Filing 69 NOTICE of Lodging Defendant's Claim Construction Slides by Ford Motor Company (Attachments: #1 Exhibit A)(Streifthau-Livizos, Michelle) |
Filing 68 NOTICE of Lodging Plaintiff's Slides for March 16, 2021 Oral Argument by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology (Attachments: #1 Exhibit A)(Farnan, Brian) |
Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 3/16/2021. (Court Reporter V. Gunning.) (nmf) |
ORAL ORDER: The Markman Hearing set for 3/16/2021 at 09:00 AM before Judge Colm F. Connolly will be held by telephone. Counsel for Plaintiffs shall coordinate the call and email the dial-in information to chambers. If the parties would like to submit slides, they should be emailed to chambers no later than 24 hours in advance of the hearing. Ordered by Judge Colm F. Connolly on 3/12/2021. (nmf) |
Filing 67 Letter to The Honorable Colm F. Connolly from Michael J. Farnan regarding Markman Meet and Confer. (Farnan, Michael) |
Filing 66 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's First Set of Requests for Production Nos. 1-75 filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 65 Joint APPENDIX re #64 Joint Claim Construction Brief by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Farnan, Michael) |
Filing 64 JOINT CLAIM CONSTRUCTION BRIEF filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Michael) |
SO ORDERED, re #63 STIPULATION TO EXTEND TIME to file the Joint Claim Construction Brief to 2/17/2021 filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Signed by Judge Colm F. Connolly on 2/17/2021. (fms) |
Filing 63 STIPULATION TO EXTEND TIME to file the Joint Claim Construction Brief to 2/17/2021 - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Michael) |
Filing 62 NOTICE OF SERVICE of Ethanol Boosting Systems LLC and The Massachusetts Institute of Technology's First Supplemental Objections and Responses to Certain Ford Motor Company EBS I Interrogatories filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 61 REDACTED VERSION of #55 Declaration by Ford Motor Company. (Smith, Rodger) |
Filing 60 REDACTED VERSION of #54 Letter by Ford Motor Company. (Attachments: #1 Exhibits 1-2, #2 Appendix I)(Smith, Rodger) |
Filing 59 NOTICE OF SERVICE of Ford Motor Company's Supplemental Answers and Objections to Plaintiffs' First, Second, and Third Sets of Interrogatories (Nos. 1-19) filed by Ford Motor Company.(Smith, Rodger) |
Pro Hac Vice Attorney Katie Burkhart for Ford Motor Company 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. (kmd) |
Pro Hac Vice Attorney Andrew J. Ligotti for Ford Motor Company 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. (myr) |
Pro Hac Vice Attorneys Natalie C. Clayton and Brian D. Hill for Ford Motor Company 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. (kmd) |
Filing 58 ORAL ORDER: Before the Court is the parties' Motion for Teleconference to Resolve Discovery Disputes (D.I. #50 ). Having reviewed the parties' letters (D.I. 52; D.I. 54) and the Declaration of William Coughlin (D.I. 55) submitted by Defendant, IT IS HEREBY ORDERED that Plaintiffs' request to compel Defendant to produce certain documents for in camera review is DENIED. Whether to conduct in camera review is within the Court's discretion, and Plaintiffs have not made a sufficient showing to justify it. See, e.g., F.T.C. v. Hope Now Modifications, LLC, No. 091204, 2011 WL 2634029, at *5 (D.N.J. July 5, 2011). Plaintiffs point to an equivocal statement in a deposition and a line item in a SEC filing -- both identifying Mr. Coughlin as an executive at Ford -- to suggest that the disputed communications were not made for the purpose of obtaining/providing legal advice. That supposition is contradicted by the declaration of Mr. Coughlin. (D.I. 55, para. 8-14.) Moreover, having reviewed Exhibit B to Plaintiffs' letter (D.I. 54, Ex. B), the Court is unpersuaded that Defendant is using privilege as a sword and a shield. Plaintiffs also accuse Defendant of applying a per se rule claiming privilege over all communications involving Mr. Coughlin, but Plaintiffs then go on to apply their own -- erroneous -- per se rule that e-mail communications can never be privileged/protected in a federal patent case unless they CC a lawyer. On the other hand, Defendant has both made a showing in support of its privilege claims with respect to the individual communications and has represented that it will produce a number of the documents with redactions. (D.I. 54 at 3; D.I. 54, App. I.) With the understanding that Defendant will produce the documents that it has represented it will produce (see D.I. 54, App. I), Plaintiff's request is DENIED. The discovery dispute teleconference scheduled for February 11, 2021 is CANCELLED. ORDERED by Judge Jennifer L. Hall on 2/9/2021. (ceg) |
Filing 57 NOTICE OF SERVICE of Ford Motor Company's Sur-Reply Claim Construction Brief filed by Ford Motor Company.(Streifthau-Livizos, Michelle) |
Filing 56 NOTICE to Take Deposition of Tom McCarthy on 3/19/2021 filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 55 DECLARATION re #54 Letter -- Declaration of William Coughlin -- by Ford Motor Company. (Smith, Rodger) ***Sealed on 2/16/2021 per filing party's request*** (ceg). |
Filing 54 [SEALED] Letter to The Honorable Jennifer L. Hall from Rodger D. Smith II regarding Discovery Dispute - re #52 Letter,. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Appendix I)(Smith, Rodger) |
Filing 53 REDACTED VERSION of #52 Letter, by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Exhibits A-G)(Farnan, Brian) |
Filing 52 [SEALED] Letter to The Honorable Jennifer L. Hall from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Farnan, Brian) (Attachment 1 replaced on 2/1/2021 per filing party's request) (ceg). |
Filing 51 ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Discovery Dispute (D.I. #50 ). A discovery dispute teleconference is scheduled for February 11, 2021 at 2:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than January 29, 2021, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than February 5, 2021, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 1/22/2021. (ceg) |
Filing 50 MOTION for Teleconference to Resolve Discovery Disputes - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. Motions referred to Jennifer L. Hall.(Farnan, Brian) |
Filing 49 ORAL ORDER: A Motion for Teleconference to Resolve Discovery Dispute should be filed if counsel finds they are unable to resolve a discovery matter. The suggested text for this motion can be found in Judge Hall's portion of the Court's website, in the "Forms" tab, under the heading "Motion for Teleconference to Resolve Discovery/Protective Order Disputes." The dispute will thereafter be addressed in accordance with Judge Hall's discovery dispute procedures. ORDERED by Judge Jennifer L. Hall on 1/20/2021. (ceg) |
Filing 48 NOTICE OF SERVICE of Ford Motor Company's First Set of Requests for Production filed by Ford Motor Company.(Smith, Rodger) |
ORAL ORDER REFERRING CASE to Magistrate Judge Jennifer L. Hall for all disputes related to discovery and the protective order. The 2/10/2021 Discovery Conference scheduled before Judge Connolly is canceled. Ordered by Judge Colm F. Connolly on 1/19/2021. (nmf) |
Set Hearings: A Telephonic Discovery Conference is set per request of counsel for 2/10/2021 at 02:00 PM before Judge Colm F. Connolly. Counsel shall coordinate the call and email the dial-in information to chambers. (nmf) |
Filing 47 Letter to The Honorable Colm F. Connolly from Rodger D. Smith II regarding withdraw of pending Motion to Stay - re #12 MOTION to Stay . (Smith, Rodger) |
Filing 46 NOTICE OF SERVICE of Ford Motor Company's Answering Claim Construction Brief filed by Ford Motor Company.(Smith, Rodger) |
Filing 45 NOTICE OF SERVICE of Ethanol Boosting Systems LLC and The Massachusetts Institute of Technology's Supplemental Objections and Responses to Ford Motor Company's EBS I Interrogatories Nos. 1, 4, 14, and 15 filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 44 NOTICE OF SERVICE of Responses and Objections to Plaintiffs Ethanol Boosting Systems LLC and Massachusetts Institute of Technology's Selected Set of Interrogatories filed by Ford Motor Company.(Smith, Rodger) |
Filing 43 MOTION for Claim Construction re #41 Claim Construction Chart, - filed by Ford Motor Company. (Smith, Rodger) |
Filing 42 MOTION for Claim Construction - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
Filing 41 CLAIM Construction Chart by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Exhibit 1 - U.S. Patent Application No. 11/100,026, #2 Exhibit 2 - U.S. Patent Application No. 10/991,774, #3 Exhibit 3 - U.S. Patent No. 9,708,965, #4 Exhibit 4 - U.S. Patent No. 10,619,580, #5 Exhibit 5 - U.S. Patent No. 10,781,760, #6 Exhibit 6 - U.S. Patent No. 7,225,787)(Farnan, Brian) |
SO ORDERED, re #40 STIPULATION TO EXTEND TIME to File Joint Claim Construction Chart to December 8, 2020 filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Signed by Judge Colm F. Connolly on 12/8/2020. (fms) |
Filing 40 STIPULATION TO EXTEND TIME to File Joint Claim Construction Chart to December 8, 2020 - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Michael) |
Filing 39 NOTICE OF SERVICE of Responses and Objections to Plaintiffs Ethanol Boosting Systems LLC and Massachusetts Institute of Technology's First Set of Requests for Production filed by Ford Motor Company.(Smith, Rodger) |
Filing 38 NOTICE OF SERVICE of Ford Motor Company's Initial Invalidity Contentions filed by Ford Motor Company.(Smith, Rodger) |
Filing 37 NOTICE OF SERVICE of Plaintiffs' Terms for Construction filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 36 NOTICE OF SERVICE of Ford Motor Company's Disclosure of Claim Construction Terms/Phrases and Proposed Constructions filed by Ford Motor Company.(Smith, Rodger) |
Filing 35 ANSWER to #33 Answer to Amended Complaint, Counterclaim by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Michael) |
Filing 34 NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 33 ANSWER to Amended Complaint, re: #31 Amended Complaint with Jury Demand , COUNTERCLAIM against Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology by Ford Motor Company.(Smith, Rodger) |
Filing 32 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,708,965 B2 ;US 10,619,580 B2 ;US 10,781,760 B2 . (Farnan, Brian) |
Filing 31 First AMENDED COMPLAINT against Ford Motor Company- filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian) |
SO ORDERED, re #30 Stipulation filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Ordered by Judge Colm F. Connolly on 10/16/2020. (fms) |
Filing 30 STIPULATION regarding Filing of Amended Complaint by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian) |
Filing 29 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures under Section 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 28 NOTICE OF SERVICE of Ford Motor Company's Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery, filed by Ford Motor Company.(Smith, Rodger) |
Filing 27 NOTICE OF SERVICE of Plaintiffs' First Amended Disclosure of Asserted Claims and Preliminary Infringement Contentions filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Pro Hac Vice Attorney Michael S. Connor for Ford Motor Company 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. (kmd) |
SO ORDERED, re #26 MOTION for Pro Hac Vice Appearance of Attorney Michael S. Connor, Natalie C. Clayton, Andrew J. Ligotti, Brian D. Hill, and Katie Burkhart filed by Ford Motor Company. Signed by Judge Colm F. Connolly on 10/8/2020. (fms) |
Filing 26 MOTION for Pro Hac Vice Appearance of Attorney Michael S. Connor, Natalie C. Clayton, Andrew J. Ligotti, Brian D. Hill, and Katie Burkhart - filed by Ford Motor Company. (Smith, Rodger) |
Filing 25 DECLARATION re #24 Reply Brief -- Declaration of Rodger D. Smith II -- by Ford Motor Company. (Attachments: #1 Exs. 1-5)(Smith, Rodger) |
Filing 24 REPLY BRIEF re #12 MOTION to Stay - filed by Ford Motor Company. (Smith, Rodger) |
SO ORDERED, re #21 Proposed Protective Order filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Ordered by Judge Colm F. Connolly on 9/18/2020. (fms) |
Filing 23 NOTICE OF SERVICE of Ford Motor Company's Rule 26 Initial Disclosures - filed by Ford Motor Company.(Smith, Rodger) |
Filing 22 NOTICE OF SERVICE of Plaintiffs' Rule 26 Initial Disclosures filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 21 PROPOSED ORDER Proposed Protective Order by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
SO ORDERED, re #20 STIPULATION TO EXTEND TIME for the parties to make their initial disclosures required by Fed. R. Civ. P. 26(a)(1) to Septembrer 16, 2020 filed by Ford Motor Company. Signed by Judge Colm F. Connolly on 9/16/2020. (nmf) |
Filing 20 STIPULATION TO EXTEND TIME for the parties to make their initial disclosures required by Fed. R. Civ. P. 26(a)(1) to Septembrer 16, 2020 - filed by Ford Motor Company. (Smith, Rodger) |
Filing 19 DECLARATION re #18 Answering Brief in Opposition of Steven M. Seigel by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Farnan, Brian) |
Filing 18 ANSWERING BRIEF in Opposition re #12 MOTION to Stay filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.Reply Brief due date per Local Rules is 9/21/2020. (Farnan, Brian) |
Filing 17 NOTICE OF SERVICE of Plaintiffs' Disclosure of Asserted Claims and Preliminary Infringement Contentions filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 16 ORDER Setting Teleconference: plaintiff's counsel shall initiate the call. A Telephone Conference is set for 11/2/2020 at 02:00 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 9/11/2020. (lih) |
CASE REFERRED to Magistrate Judge Sherry R. Fallon for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
Filing 15 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 11/13/2020. Amended Pleadings due by 1/20/2021. Discovery due by 8/20/2021. Dispositive Motions due by 12/3/2021. Answering Brief due 12/23/2021. Reply Brief due 1/7/2022. Joint Claim Construction Brief due by 2/16/2021. A Markman Hearing is set for 3/16/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Proposed Pretrial Order due by 3/24/2022. A Final Pretrial Conference is set for 4/28/2022 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 5/9/2022 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly Signed by Judge Colm F. Connolly on 9/9/2020. (nmf) |
Filing 14 PROPOSED ORDER Proposed Scheduling Order by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Attachments: #1 Letter to The Honorable Colm F. Connolly)(Farnan, Brian) |
The 9/10/2020 Scheduling Conference is canceled as there are no areas of disagreement in the proposed scheduling order. The order will be entered soon. (nmf) |
Filing 13 OPENING BRIEF in Support re #12 MOTION to Stay filed by Ford Motor Company.Answering Brief/Response due date per Local Rules is 9/14/2020. (Attachments: #1 Exs. 1-3)(Smith, Rodger) |
Filing 12 MOTION to Stay - filed by Ford Motor Company. (Smith, Rodger) |
Filing 11 Order Setting Scheduling Conference: A Scheduling Conference is set for 9/10/2020 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. If the parties have no disputes about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 8/17/2020. (nmf) |
Filing 10 ANSWER to #9 Answer to Complaint, Counterclaim by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology.(Farnan, Brian) |
Filing 9 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology by Ford Motor Company.(Smith, Rodger) |
Filing 8 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint for Patent Infringement to July 20, 2020 - filed by Ford Motor Company. (Smith, Rodger) |
SO ORDERED, re #8 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint for Patent Infringement to July 20, 2020 filed by Ford Motor Company. Set/Reset Answer Deadlines: Ford Motor Company answer due 7/20/2020. Signed by Judge Colm F. Connolly on 6/12/2020. (fms) |
SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Matthew R. Berry, Andres C. Healy, Steven M. Seigel, and William D. O'Connell filed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Signed by Judge Colm F. Connolly on 6/8/2020. (nmf) |
Pro Hac Vice Attorney Matthew R. Berry, William D. O'Connell, Andres C. Healy, and Steven M. Seigel for Ethanol Boosting Systems, LLC 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. (sam) |
Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Matthew R. Berry, Andres C. Healy, Steven M. Seigel, and William D. O'Connell - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (Farnan, Brian) |
Filing 6 SUMMONS Returned Executed by Massachusetts Institute of Technology, Ethanol Boosting Systems, LLC. Ford Motor Company served on 5/28/2020, answer due 6/18/2020. (Farnan, Brian) |
Filing 5 Remark: Summons issued as to Defendant Ford Motor Company on 5/27/2020. (Please complete the top portion of the form and print out for use/service.) (amf) |
Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Ethanol Boosting Systems, LLC, Massachusetts Institute of Technology. (amf) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,708,965 B2; US 10,619,580 B2. (amf) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Ford Motor Company - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number ADEDC-2955474) - filed by Massachusetts Institute of Technology and Ethanol Boosting Systems, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(amf) |
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