BEFORE Brands, Inc. v. Prollergy Corporation
| BEFORE Brands, Inc. doing business as SpoonfulONE and The Board of Trustees of Leland Stanford Junior University |
| Prollergy Corporation doing business as Ready, Set, Food! |
| 1:2021cv01706 |
| December 2, 2021 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 37 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,731,003 B2. (dlb) |
| CASE CLOSED (dlb) |
SO ORDERED D.I. #36 Stipulation of Dismissal filed by The Board of Trustees of Leland Stanford Junior University, BEFORE Brands, Inc. Ordered by Judge Christopher J. Burke on 3/2/2023. (dlb)
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| Filing 36 STIPULATION of Dismissal by BEFORE Brands, Inc., The Board of Trustees of Leland Stanford Junior University. (Hoeschen, Nathan) |
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SO ORDERED D.I. #35 Stipulation filed by The Board of Trustees of Leland Stanford Junior University, BEFORE Brands, Inc. Ordered by Judge Christopher J. Burke on 2/23/2023. (dlb)
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| Filing 35 Joint STIPULATION and [Proposed] Order to Stay Case and Status Report by BEFORE Brands, Inc., The Board of Trustees of Leland Stanford Junior University. (Hoeschen, Nathan) |
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SO ORDERED D.I. #34 Stipulation to Stay Case filed by The Board of Trustees of Leland Stanford Junior University, BEFORE Brands, Inc.. Ordered by Judge Christopher J. Burke on 2/15/2023. (dlb)
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| Filing 34 Joint STIPULATION and [Proposed] Order to Stay Case and Status Report by BEFORE Brands, Inc., The Board of Trustees of Leland Stanford Junior University. (Hoeschen, Nathan) |
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SO ORDERED D.I. #33 Stipulation to continue stay and file status report by 2/15/2023 filed by The Board of Trustees of Leland Stanford Junior University, BEFORE Brands, Inc. Ordered by Judge Christopher J. Burke on 1/13/2023. (dlb)
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| Filing 33 Joint STIPULATION and [Proposed] Order to Stay Case and Status Report by BEFORE Brands, Inc., The Board of Trustees of Leland Stanford Junior University. (Hoeschen, Nathan) |
| Filing 32 Joint STIPULATION and [Proposed] Order to Stay Case by BEFORE Brands, Inc., The Board of Trustees of Leland Stanford Junior University. (Keller, Karen) |
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SO ORDERED D.I. #32 Stipulation filed by The Board of Trustees of Leland Stanford Junior University, BEFORE Brands, Inc. Ordered by Judge Christopher J. Burke on 12/2/2022. (dlb)
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Filing 31
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent"; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Scheduling Order can be found on Judge Burke's portion of the District Court's website. Signed by Judge Christopher J. Burke on 11/3/2022. (apk)
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| Remark: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience: http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (apk) |
| Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: https://www.ded.uscourts.gov/sites/ded/files/CJBCC2021.pdf (apk) |
| Filing 30 CONSENT to Jurisdiction by U.S. Magistrate Judge filed by BEFORE Brands, Inc., Prollergy Corporation. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 11/1/2022. (nmf) |
| Filing 29 NOTICE of Appearance by Sara M. Metzler on behalf of Prollergy Corporation (Metzler, Sara) |
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ORAL ORDER: It is HEREBY ORDERED that on or before November 1, 2022, the parties shall either (1) submit to the Clerk of Court an executed Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, indicating their consent to have a United States Magistrate Judge conduct all proceedings in this case including trial, the entry of final judgment, and post-trial proceedings; or (2) file a joint letter indicating that all the parties do not consent to a referral of this action to a Magistrate Judge. The letter should not indicate which party or parties did not consent. If all the parties consent, the case will be referred to Magistrate Judge Burke. Because of the Court's caseload, if the parties do not consent, the Court intends to assign the case to a visiting judge from another district. Ordered by Judge Colm F. Connolly on 10/18/2022. (nmf)
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| Filing 28 REQUEST for Oral Argument by Prollergy Corporation re #22 MOTION to Dismiss for Failure to State a Claim . (Metzler, Sara) |
| Filing 27 REPLY BRIEF re #22 MOTION to Dismiss for Failure to State a Claim filed by Prollergy Corporation. (Farnan, Kelly) |
| Filing 26 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by The Board of Trustees of Leland Stanford Junior University. (Keller, Karen) |
| Filing 25 ANSWERING BRIEF in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by BEFORE Brands, Inc., The Board of Trustees of Leland Stanford Junior University.Reply Brief due date per Local Rules is 9/29/2022. (Keller, Karen) |
| Filing 24 DECLARATION re #22 MOTION to Dismiss for Failure to State a Claim of Griffin A. Schoenbaum by Prollergy Corporation. (Attachments: #1 Exhibit A-I)(Farnan, Kelly) |
| Filing 23 OPENING BRIEF in Support re #22 MOTION to Dismiss for Failure to State a Claim filed by Prollergy Corporation.Answering Brief/Response due date per Local Rules is 9/22/2022. (Farnan, Kelly) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim - filed by Prollergy Corporation. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly) |
| Filing 21 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,731,003 B2 ;US 11,278,615 B2 . (Keller, Karen) |
| Filing 20 Second AMENDED COMPLAINT against Prollergy Corporation- filed by BEFORE Brands, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Keller, Karen) |
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Filing 19
SO ORDERED, re #18 STIPULATION and ORDER GOVERNING PLAINTIFFS' SECOND AMENDED COMPLAINT. Signed by Judge Colm F. Connolly on 8/17/2022. (nmf)
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| Filing 18 Joint STIPULATION and [Proposed] Order Governing Plaintiffs' Second Amended Complaint by BEFORE Brands, Inc.. (Keller, Karen) |
| Filing 17 REQUEST for Oral Argument by Prollergy Corporation re #10 MOTION to Dismiss for Failure to State a Claim . (Schoenbaum, Griffin) |
| Filing 16 REPLY BRIEF re #10 MOTION to Dismiss for Failure to State a Claim filed by Prollergy Corporation. (Farnan, Kelly) |
| Filing 15 ANSWERING BRIEF in Opposition re #10 MOTION to Dismiss for Failure to State a Claim filed by BEFORE Brands, Inc..Reply Brief due date per Local Rules is 6/21/2022. (Hoeschen, Nathan) |
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Filing 14
SO ORDERED, re #13 Joint STIPULATION TO EXTEND TIME for Plaintiff to submit its Answering Brief to Defendant's Motion to Dismiss to June 13, 2022, filed by BEFORE Brands, Inc., Re-Set Briefing Schedule: re #10 MOTION to Dismiss for Failure to State a Claim: Answering Brief due 6/13/2022. Signed by Judge Colm F. Connolly on 5/5/2022. (kmd)
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| Filing 13 Joint STIPULATION TO EXTEND TIME for Plaintiff to submit its Answering Brief to Defendant's Motion to Dismiss to June 13, 2022 - filed by BEFORE Brands, Inc.. (DiBenedetto, Emily) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Danone Manifesto Ventures, Other Affiliate Danone S.A., Other Affiliate Johnson & Johnson Innovation, Other Affiliate JJDC, Inc. for Prollergy Corporation filed by Prollergy Corporation. (Farnan, Kelly) |
| Filing 11 OPENING BRIEF in Support re #10 MOTION to Dismiss for Failure to State a Claim filed by Prollergy Corporation.Answering Brief/Response due date per Local Rules is 5/12/2022. (Attachments: #1 Exhibit A-C)(Farnan, Kelly) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim - filed by Prollergy Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(Farnan, Kelly) |
| Pro Hac Vice Attorney Elaine H. Blais, Louis L. Lobel, and Alexandra D. Valenti for BEFORE Brands, 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. (mpb) |
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SO ORDERED, re #9 STIPULATION TO EXTEND TIME for Defendant to Answer the Amended Complaint to through and including April 28, 2022, filed by Prollergy Corporation. Reset Answer Deadlines: Prollergy Corporation answer due 4/28/2022. Ordered by Judge Colm F. Connolly on 3/17/2022. (kmd)
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SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Elaine H. Blais, Louis L. Lobel and Alexandra D. Valenti, filed by BEFORE Brands, Inc. Ordered by Judge Colm F. Connolly on 3/17/2022. (kmd)
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| Filing 9 STIPULATION TO EXTEND TIME for Defendant to Answer the Amended Complaint to through and including April 28, 2022 - filed by Prollergy Corporation. (Farnan, Kelly) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Elaine H. Blais, Louis L. Lobel and Alexandra D. Valenti - filed by BEFORE Brands, Inc.. (Hoeschen, Nathan) |
| Filing 7 SUMMONS Returned Executed by BEFORE Brands, Inc.. Prollergy Corporation served on 3/1/2022, answer due 3/22/2022. (Keller, Karen) |
| Filing 6 First AMENDED COMPLAINT against Prollergy Corporation- filed by BEFORE Brands, Inc.. (Attachments: #1 Redline, #2 Exhibit A)(Keller, Karen) |
| 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 5 Summons Issued with Magistrate Consent Notice attached as to Prollergy Corporation on 12/3/2021. (myr) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Nestle Health Science for BEFORE Brands, Inc. filed by BEFORE Brands, Inc. (myr) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,731,003 B2. (myr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Filing 1 COMPLAINT filed with Jury Demand against Prollergy Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3755005.) - filed by BEFORE Brands, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(myr) |
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