Triumph IP LLC v. Tait North America, Inc.
| Triumph IP LLC |
| Tait North America, Inc. |
| 1:2022cv00223 |
| February 22, 2022 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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| Filing 41 NOTICE OF SERVICE of Plaintiff's Initial Disclosures, Paragraph 3 Disclosures, and Paragraph 4(a) Disclosures filed by Triumph IP LLC.(Chong, Jimmy) |
| Filing 40 Joint Local Rule 81.2 STATEMENT by Triumph IP LLC. (Chong, Jimmy) Modified on 4/14/2022 (dlw). |
Filing 39
SCHEDULING ORDER: Joinder of Parties due by 4/28/2022. Amended Pleadings due by 4/28/2022. Fact Discovery completed by 9/16/2023. Opening Expert Reports due by 3/24/2023. Rebuttal Expert Reports due by 4/21/2023. Reply Expert Reports due by 5/19/2023. Expert Discovery due by 6/9/2023. Dispositive Motions due by 7/7/2023. Claim Construction Opening Brief served by 11/18/2022. Claim Construction Answering Brief served by 12/16/2022. Claim Construction Reply Brief served by 1/6/2023. Claim Construction Surreply Brief served by 1/20/2023. Joint Claim Construction Brief filed by 1/27/2023. A Markman Hearing is set for 2/23/2023 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 12/11/2023 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 12/18/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 4/12/2022. (dlw)
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| Filing 38 MOTION for Scheduling Order - filed by Tait North America, Inc.. (Attachments: #1 Exhibit Proposed Scheduling Order)(Anderson, Jeremy) |
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Filing 37
ORAL ORDER - IT IS HEREBY ORDERED that counsel shall submit the requisite Local Rule 81.2 statement no later than 4/18/2022. ORDERED by Judge Maryellen Noreika on 4/11/2022. (dlw)
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| Filing 36 NOTICE OF SERVICE of Plaintiff's Disclosure of Proposed Terms/Phrases for Construction filed by Triumph IP LLC.(Chong, Jimmy) |
| Pro Hac Vice Attorney Lance E. Wyatt, Neil J. McNabnay, Philip G. Brown, and Rodeen Talebi for Tait 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. (mpb) |
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SO ORDERED re #35 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, Lance E. Wyatt, Rodeen Talebi and Philip G. Brown filed by Tait North America, Inc. ORDERED by Judge Maryellen Noreika on 3/25/2022. (dlw)
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| Filing 35 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, Lance E. Wyatt, Rodeen Talebi and Philip G. Brown - filed by Tait North America, Inc.. (Anderson, Jeremy) |
| Filing 34 NOTICE of Appearance by Jeremy Douglas Anderson on behalf of Tait North America, Inc. (Anderson, Jeremy) |
| Pro Hac Vice Attorney David R. Bennett for Triumph IP 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. (srs) |
| Filing 33 MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett - filed by Triumph IP LLC. (Attachments: #1 Affidavit)(Chong, Jimmy) |
| Filing 32 NOTICE of Appearance by Jimmy C. Chong on behalf of Triumph IP LLC (Chong, Jimmy) |
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SO ORDERED re #33 MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett filed by Triumph IP LLC. ORDERED by Judge Maryellen Noreika on 3/7/2022. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 31 Local Counsel Letter sent. Notice of Compliance deadline set for 3/24/2022. (apk) |
| Filing 30 Record of case transferred in from District of Texas Southern; Case Number in Other District: 4:21-cv-02779. Copy of Docket Sheet and original file |
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Filing 29
ORDER TO TRANSFER CASE to District of Delaware. This action is TRANSFERRED to the District of Delaware. 28 USC 1404(a). The Clerk shall give any notice necessary to effectuate this transfer.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.]
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| Filing 28 Letter from Defendant Tait North America, Inc. re: consent to personal jurisdiction in the District of Delaware., filed. (jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.] |
| Interdistrict transfer to District of Delaware. Case transferred electronically. Case terminated on 02/16/2022., filed. (jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.] |
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Filing 27
MINUTE ENTRY and ORDER: Minute entry for proceedings before Judge Charles Eskridge on February 2, 2022. INITIAL CONFERENCE AND MOTION HEARING. All parties present by videoconference and represented by counsel. The Court addressed the parties joint discovery/case management plan. Dkt 22. The parties' proposed scheduling and docket control order was approved with separate order to enter in that regard. Dkt 23. The Court addressed several related cases currently pending before Judge Maryellen Noreika in the District of Delaware involving the same patent-in-suit. See Dkt 22 at 12. Defendant Tait North America Inc must advise by February 16th as to whether it will consent to personal jurisdiction before the District of Delaware. The Court heard argument on the motion by Tait North America for judgment on the pleadings. Dkt 18. The parties were instructed to submit by email to the Case Manager copies of slides presented during oral argument. The motion was taken under advisement. Appearances: David R Bennett f/ Plaintiff; Lance Eric Wyatt, Jr, Rodeen Talebi f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.]
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| Filing 26 NOTICE of Appearance by Rodeen Talebi on behalf of Tait North America, Inc., filed. (Talebi, Rodeen) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 25 REPLY to Response to #18 MOTION for Judgment on the Pleadings Judgment, filed by Tait North America, Inc.. (Wyatt, Lance) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 24 NOTICE of Resetting. Parties notified. Initial Conference set for 2/2/2022 at 01:30 PM by video before Judge Charles Eskridge, filed. (jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 23 Agreed PROPOSED ORDER - Patent Scheduling Order, filed.(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 22 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Triumph IP LLC, filed.(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 21 RESPONSE in Opposition to #18 MOTION for Judgment on the Pleadings Judgment, filed by Triumph IP LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,177,291)(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
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Filing 20
ORDER granting #19 Agreed MOTION for Extension of Time to Respond and Reply to Motion for Judgement on the Pleadings (Dkt. No. 18). Plaintiff Triumph IP LLC's response to Defendant Tait North America, Inc.'s Rule 12(c) Motion for Judgment on the Pleadings is due on December 14, 2021, and Defendant Tait North America, Inc.'s reply is due on January 4, 2021. ( Initial Conference set for 1/13/2022 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge)(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4) [Transferred from Texas Southern on 2/22/2022.]
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| Filing 19 Agreed MOTION for Extension of Time Response and Reply for Motion for Judgement on the Pleadings (Dkt. No. 18) by Triumph IP LLC, filed. Motion Docket Date 12/1/2021. (Attachments: #1 Proposed Order)(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 18 MOTION for Judgment on the Pleadings Judgment by Tait North America, Inc., filed. Motion Docket Date 11/23/2021. (Attachments: #1 Proposed Order)(McNabnay, Neil) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 17 ANSWER to #15 Answer to Complaint, Counterclaim with Jury Demand by Triumph IP LLC, filed.(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by Tait North America, Inc., filed.(Wyatt, Lance) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 15 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against Triumph IP LLC by Tait North America, Inc., filed.(Wyatt, Lance) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 14 NOTICE of Appearance by Lance Wyatt on behalf of Tait North America, Inc., filed. (Wyatt, Lance) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 13 NOTICE of Appearance by Neil J. McNabnay on behalf of Tait North America, Inc., filed. (McNabnay, Neil) [Transferred from Texas Southern on 2/22/2022.] |
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Filing 12
ORDER granting #11 MOTION for Continuance of the Initial Pretrial Conference. ( Initial Conference reset for 12/3/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge)(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.]
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| Filing 11 MOTION for Continuance of the Initial Pretrial Conference by Triumph IP LLC, filed. Motion Docket Date 10/13/2021. (Attachments: #1 Proposed Order)(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 10 RETURN of Service of SUMMONS Executed as to Tait North America, Inc. served on 9/13/2021, answer due 10/4/2021, filed.(Chaudhari, Papool) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Triumph IP LLC, filed.(Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
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Filing 8
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/14/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) [Transferred from Texas Southern on 2/22/2022.]
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Filing 7
ORDER granting #6 Motion for David R. Bennett to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) [Transferred from Texas Southern on 2/22/2022.]
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| Filing 6 MOTION for David R. Bennett to Appear Pro Hac Vice by Triumph IP LLC, filed. Motion Docket Date 9/16/2021. (Bennett, David) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 5 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (jdavadi, 4) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 4 Summons Issued as to Tait North America, Inc.. Issued summons delivered to plaintiff by NEF, filed.(jdav, 4) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 3 Request for Issuance of Summons as to Tait North America, Inc., filed.(Chaudhari, Papool) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Triumph IP LLC, filed.(Chaudhari, Papool) [Transferred from Texas Southern on 2/22/2022.] |
| Filing 1 COMPLAINT against Tait North America, Inc. (Filing fee $ 402 receipt number 0541-26943770) filed by Triumph IP LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Chaudhari, Papool) [Transferred from Texas Southern on 2/22/2022.] |
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