Trackthings LLC v. Netgear, Inc.
| Trackthings LLC |
| Netgear Inc. |
| 1:2022cv00981 |
| July 27, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Jennifer L Hall |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 74 MOTION for Pro Hac Vice Appearance of Attorney Vaibhav Madhav Sharma - filed by Trackthings LLC. (Silver, Daniel) |
SO ORDERED, re #74 MOTION for Pro Hac Vice Appearance of Attorney Vaibhav Madhav Sharma, filed by Trackthings LLC. Signed by Judge Richard G. Andrews on 9/23/2022. (nms)
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| Pro Hac Vice Attorney Reuben H. Chen for Netgear 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) |
| Pro Hac Vice Attorney Vaibhav M. Sharma for Trackthings 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. (mpb) |
| Pro Hac Vice Attorney Christopher M. Gerson for Trackthings 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. (mpb) |
| Filing 73 NOTICE OF SERVICE of Defendant NETGEAR, Inc.'s Rule 26(a)(1) Disclosures filed by Netgear Inc..(Hallowell, Taylor) |
| Filing 72 NOTICE OF SERVICE of Plaintiff's Rule 26(a)(1) Initial Disclosures filed by Trackthings LLC.(Joyce, Alexandra) |
| Pro Hac Vice Attorney Joseph Drayton for Netgear 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) |
| Pro Hac Vice Attorney Naina Soni for Netgear 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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Filing 71
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 9/2/2022. (ceg)
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Filing 70
ORAL ORDER: The Rule 16(b) Conference scheduled for 9/6/2022, is CANCELED. Ordered by Judge Richard G. Andrews on 9/2/2022. (nms)
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Filing 69
SCHEDULING ORDER: Case referred to the Magistrate Judge Jennifer L. Hall for discovery disputes. Joinder of Parties due by 11/10/2022. Amended Pleadings due by 11/10/2022. Fact Discovery completed by 10/6/2023. Dispositive Motions due by 3/28/2024. Answering Brief due 4/25/2024. Reply Brief due 5/16/2024. Joint Claim Construction Brief due by 5/18/2023. A Markman Hearing is set for 6/21/2023, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 8/23/2024, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 9/9/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/2/2022. (nms)
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| Filing 68 Letter to the Honorable Richard G. Andrews, from Daniel M. Silver, Esq., regarding Scheduling Conference. (Silver, Daniel) Modified on 9/2/2022 (nms). |
| Filing 67 PROPOSED Scheduling Order, by Trackthings LLC. (Joyce, Alexandra) Modified on 9/2/2022 (nms). |
| Filing 66 MOTION for Pro Hac Vice Appearance of Attorney Naina Soni, Joseph Drayton and Reuben Chen - filed by Netgear Inc.. (Sharp, Melanie) |
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Filing 65
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 9/6/2022, at 9:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 8/19/2022. (nms)
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SO ORDERED, re #66 MOTION for Pro Hac Vice Appearance of Attorney Naina Soni, Joseph Drayton and Reuben Chen, filed by Netgear Inc.. Signed by Judge Richard G. Andrews on 8/19/2022. (nms)
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| Filing 64 ANSWER to #1 Complaint, with Jury Trial Demand by Netgear Inc..(Sharp, Melanie) |
| Filing 63 Joint Statement Pursuant to Local Rule 81.2, by Trackthings LLC. (Silver, Daniel) Modified on 8/17/2022 (nms). |
| Pro Hac Vice Attorney Binni N. Shah and Ryan Jay Singer for Trackthings 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. (mpb) |
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SO ORDERED, re #62 MOTION for Pro Hac Vice Appearance of Attorney Timothy Kelso Gilman, Binni N. Shah, Christopher Michael Gerson and Ryan J. Singer filed by Trackthings LLC. Signed by Judge Richard G. Andrews on 8/15/2022. (lak)
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| Filing 62 MOTION for Pro Hac Vice Appearance of Attorney Timothy Kelso Gilman, Binni N. Shah, Christopher Michael Gerson and Ryan J. Singer - filed by Trackthings LLC. (Silver, Daniel) |
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SO ORDERED granting #61 Stipulation and Proposed Order Extending Time to Respond to the Complaint to August 17, 2022. Signed by Judge Richard G. Andrews on 8/12/2022. (lak)
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| Set/Reset Answer Deadlines: Netgear Inc. answer due 8/17/2022. (lak) |
| Filing 61 STIPULATION and Proposed Order Extending Time to Respond for to Respond to the Complaint to August 17, 2022 - filed by Netgear Inc.. (Hallowell, Taylor) Modified on 8/11/2022 (nms). |
| Filing 60 NOTICE of Appearance by Melanie K. Sharp on behalf of Netgear Inc. (Sharp, Melanie) |
| Filing 59 NOTICE of Appearance by Alexandra M. Joyce on behalf of Trackthings LLC (Joyce, Alexandra) |
| Filing 58 NOTICE of Appearance by Daniel M. Silver on behalf of Trackthings LLC (Silver, Daniel) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 57 Local Counsel Letter sent. Notice of Compliance deadline set for 8/26/2022. (smg) |
| Filing 56 Record of case transferred in from District of New York Southern; Case Number in Other District: 1:21-cv-05440. Copy of Docket Sheet and original file |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware.(rro) [Transferred from New York Southern on 7/27/2022.] |
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Filing 55
OPINION AND ORDER re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. filed by Netgear, Inc. For the foregoing reasons, Defendant's motions to dismiss this case for improper venue and transfer this case to the Northern District of California are DENIED. However, because venue is improper in this District, the Court, in its discretion, TRANSFERS this case to the District of Delaware in the interest of justice. The Clerk of Court is respectfully directed to transfer this case to the District of Delaware. (Signed by Judge Katherine Polk Failla on 7/20/2022) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/27/2022.]
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Filing 54
ORDER granting #49 Letter Motion to Seal. Application GRANTED. Defendant shall be permitted to file the above-specified portions of its reply submission under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 49. (Signed by Judge Katherine Polk Failla on 12/20/2021) (rro) [Transferred from New York Southern on 7/27/2022.]
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Filing 53
ORDER terminating #52 Letter Motion for Oral Argument. The Court is in receipt of Defendant's request for oral argument concerning its Motion to Dismiss. If the Court determines that oral argument would be useful, it will promptly reach out to the parties. The Clerk of Court is directed to terminate the pending motion at docket entry 52. (Signed by Judge Katherine Polk Failla on 12/20/2021) (rro) [Transferred from New York Southern on 7/27/2022.]
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| Filing 52 LETTER MOTION for Oral Argument in connection with NETGEAR's Motion to Dismiss for Improper Venue, or in the Alternative, Transfer (Dkt. 32). addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated December 17, 2021. Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 51 ***SELECTED PARTIES***DECLARATION of Winnie Wong in Support re: #46 Reply Memorandum of Law in Support of Motion. Document filed by Netgear, Inc., Trackthings LLC. (Attachments: #1 Exhibit A - Accounts Payable System Report [Under Seal], #2 Exhibit B - Accounts Payable System Report [Under Seal])Motion or Order to File Under Seal: #49 .(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 50 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. . Document filed by Netgear, Inc., Trackthings LLC. Motion or Order to File Under Seal: #49 .(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 49 LETTER MOTION to Seal seal portions of NETGEAR's Reply in Support of its Motion to Dismiss for Improper Venue or, in the Alternative, Transfer and to seal all of Exhibits A and B, attached to Winnie Wong's Declaration in Support of NETGEAR's Reply addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated December 17, 2021. Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 48 DECLARATION of Naina Soni in Support re: #46 Reply Memorandum of Law in Support of Motion. Document filed by Netgear, Inc.. (Attachments: #1 Exhibit xx - Excerpts from the transcript of the October 1, 2021 remote pre-motion conference).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 47 DECLARATION of Winnie Wong in Support re: #46 Reply Memorandum of Law in Support of Motion. Document filed by Netgear, Inc.. (Attachments: #1 Exhibit A - Accounts Payable System Report [Under Seal], #2 Exhibit B - Accounts Payable System Report [Under Seal]).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. . Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 45 MEMO ENDORSEMENT on re: #40 Letter filed by Trackthings LLC. ENDORSEMENT: Application GRANTED. The unredacted version of Plaintiff's opposition brief may be filed under seal, viewable only to the parties and the Court. (Signed by Judge Katherine Polk Failla on 12/6/2021) (rro) [Transferred from New York Southern on 7/27/2022.] |
| Filing 44 RESPONSE in Opposition to Motion re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. . Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 43 DECLARATION of Thaddeus Gabara in Opposition re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer.. Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 42 DECLARATION of Ryan J Singer in Opposition re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer.. Document filed by Trackthings LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X).(Singer, Ryan) [Transferred from New York Southern on 7/27/2022.] |
| Filing 41 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. . Document filed by Trackthings LLC, Netgear, Inc.. Motion or Order to File Under Seal: #40 .(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 40 LETTER addressed to Judge Katherine Polk Failla from Timothy K. Gilman dated December 3, 2021 re: Request for Leave to File Under Seal. Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
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Filing 39
ORDER granting #36 Letter Motion to Seal. Application GRANTED. The redacted portions of Defendant's materials referenced above may be filed under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 36. (Signed by Judge Katherine Polk Failla on 11/8/2021) (rro) [Transferred from New York Southern on 7/27/2022.]
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| Filing 38 ***SELECTED PARTIES***DECLARATION of Paul Friday in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer., #36 LETTER MOTION to Seal Portions of NETGEARs Memorandum in Support of its Motion to Dismiss for Improper Venue or, in the Alternative, Transfer and to seal all of Exhibits A and C-G, attached to Paul Fridays Declaration in Support of NETGEAR's. Document filed by Netgear, Inc., Trackthings LLC. (Attachments: #1 Exhibit A - Showfield Agreement [Under Seal], #2 Exhibit B - Showfields Emails, #3 Exhibit C - November 2017 Agreement [Under Seal], #4 Exhibit D - March 2018 Agreement [Under Seal], #5 Exhibit E - May 2019 Agreement [Under Seal], #6 Exhibit F - September 2019 Agreement [Under Seal], #7 Exhibit G - September 2019 Exhibit [Under Seal])Motion or Order to File Under Seal: #36 .(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 37 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer., #36 LETTER MOTION to Seal Portions of NETGEARs Memorandum in Support of its Motion to Dismiss for Improper Venue or, in the Alternative, Transfer and to seal all of Exhibits A and C-G, attached to Paul Fridays Declaration in Support of NETGEAR's . Document filed by Netgear, Inc., Trackthings LLC. Motion or Order to File Under Seal: #36 .(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 36 LETTER MOTION to Seal Portions of NETGEARs Memorandum in Support of its Motion to Dismiss for Improper Venue or, in the Alternative, Transfer and to seal all of Exhibits A and C-G, attached to Paul Fridays Declaration in Support of NETGEAR's Motion. addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated November 5, 2021. Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 35 DECLARATION of Naina Soni in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer.. Document filed by Netgear, Inc.. (Attachments: #1 Exhibit i - Singer Email, #2 Exhibit ii - Gerson Email, #3 Exhibit iii - US9603153, #4 Exhibit iv - US10891022, #5 Exhibit v - US10945018, #6 Exhibit vi - Jordan Cooperman LinkedIn, #7 Exhibit vii - Vladimir Vukicevic LinkedIn, #8 Exhibit viii - Jerry Hu LinkedIn, #9 Exhibit ix - Or Baron LinkedIn, #10 Exhibit x - PC Mag Trapeze Mobility Exchange MX-8 2004, #11 Exhibit xi - Trapeze Partners with Nortel, #12 Exhibit xii - TPE to SFO flights, #13 Exhibit xiii - TPE to LGA flights, #14 Exhibit xiv - TPE to JFK flights, #15 Exhibit xv - US8818322, #16 Exhibit xvi - Stan Chesnutt LinkedIn, #17 Exhibit xvii - James Murphy LinkedIn, #18 Exhibit xviii - Gary Morain _ LinkedIn, #19 Exhibit xix - Federal Court Management Statistics).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 34 DECLARATION of Paul Friday in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer.. Document filed by Netgear, Inc.. (Attachments: #1 Exhibit A - Showfield Agreement [Under Seal], #2 Exhibit B - Showfields Emails, #3 Exhibit C - November 2017 Agreement [Under Seal], #4 Exhibit D - March 2018 Agreement [Under Seal], #5 Exhibit E - May 2019 Agreement [Under Seal], #6 Exhibit F - September 2019 Agreement [Under Seal], #7 Exhibit G - September 2019 Exhibit [Under Seal]).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 33 DECLARATION of Karen Wu in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer.. Document filed by Netgear, Inc.. (Attachments: #1 Exhibit 1 - 625 Broadway Sublease, #2 Exhibit 2 - Lease Non-Renewal Letter).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. . Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 31 MOTION to Dismiss for Improper Venue or, in the Alternative, Transfer. Document filed by Netgear, Inc.. (Attachments: #1 Text of Proposed Order).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for Netgear, Inc.. Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 29 MEMO ENDORSEMENT on re: #26 Letter filed by Netgear, Inc. ENDORSEMENT: For substantially the same reasons outlined by Defendant, the Court will not be setting a schedule for the parties' contentions and claim construction at this time. The parties shall continue to adhere to the briefing schedule that was set at the pre-motion conference for Defendant's motion to dismiss for improper venue. (Signed by Judge Katherine Polk Failla on 10/15/2021) (rro) [Transferred from New York Southern on 7/27/2022.] |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/1/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) [Transferred from New York Southern on 7/27/2022.] |
| Filing 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/1/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or 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 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022..(Moya, Goretti) [Transferred from New York Southern on 7/27/2022.] |
| Filing 26 LETTER addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated 10/8/21 re: Schedule. Document filed by Netgear, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 10/1/2021. Attorneys Timothy Kelso Gilman, Binni N. Shah, and Ryan Jay Singer representing Plaintiff present. Attorneys Joseph Michael Drayton and Reuben Ho-Yen Chen representing Defendant present. Defendant's motion is due by 11/5/2021; Opposition is due by 12/3/2021; and Reply is due by 12/17/2021. (tn) [Transferred from New York Southern on 7/27/2022.] |
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE granting #24 Motion for Naina Soni to Appear Pro Hac Vice. The Clerk of Court is hereby directed to terminate the pending motion at docket entry24. (Signed by Judge Katherine Polk Failla on 9/29/2021) (rro) [Transferred from New York Southern on 7/27/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Naina Soni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25121557. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/27/2022.] |
| Filing 24 MOTION for Naina Soni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25121557. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Netgear, Inc.. (Attachments: #1 Declaration of Naina Soni, #2 Certificate of Good Standing (NY), #3 Certificate of Good Standing (DC), #4 Text of Proposed Order).(Soni, Naina) [Transferred from New York Southern on 7/27/2022.] |
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Reuben Chen to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 9/28/2021) (rro) [Transferred from New York Southern on 7/27/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Reuben H. Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25109923. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/27/2022.] |
| Filing 22 MOTION for Reuben H. Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25109923. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Netgear, Inc.. (Attachments: #1 Declaration of Reuben Chen, #2 Certificate of Standing, #3 Text of Proposed Order).(Chen, Reuben) [Transferred from New York Southern on 7/27/2022.] |
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Filing 21
ORDER terminating #16 Letter Motion for Conference re: #16 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated August 26, 2021. The Court has reviewed the parties' submissions regarding Defendant's anticipated motion to dismiss and transfer. (Dkt. #16, 20). After reviewing these pre-motion letters, the Court wishes to convene a conference prior to setting a briefing schedule for Defendant's anticipated motion. Accordingly, the initial pretrial conference currently scheduled for October 1, 2021, at 3:30 p.m. (see Dkt. #14), shall be converted into a pre-motion conference to discuss Defendant's desired motion. The conference will be held telephonically, with the following dial-in information: At 3:30 p.m., the parties are to call (888) 363-4749 and enter access code 5123533. Please note, the conference line will not be available prior to 3:30 p.m. The Clerk of Court is directed to terminate the pending motion at docket entry 16. (Signed by Judge Katherine Polk Failla on 9/3/2021) (ate) [Transferred from New York Southern on 7/27/2022.]
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| Filing 20 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Timothy K. Gilman dated August 31, 2021 re: #16 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated August 26, 2021. . Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 19 NOTICE OF APPEARANCE by Ryan Jay Singer on behalf of Trackthings LLC..(Singer, Ryan) [Transferred from New York Southern on 7/27/2022.] |
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Filing 18
ORDER granting #17 Letter Motion to Substitute Attorney. Application GRANTED. The Clerk of Court is directed to remove Mr. Christopher Kao as counsel of record for Defendant Netgear, Inc. and approve the substitution of Mr. Joseph Drayton. SO ORDERED. ( Attorney Christopher Kao terminated.) (Signed by Judge Katherine Polk Failla on 8/30/21) (yv) [Transferred from New York Southern on 7/27/2022.]
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| Filing 17 LETTER MOTION to Substitute Attorney. Old Attorney: Christopher Kao, New Attorney: Joseph M. Drayton addressed to Judge Katherine Polk Failla from Christopher Kao dated August 27, 2021. Document filed by Netgear, Inc...(Kao, Christopher) [Transferred from New York Southern on 7/27/2022.] |
| Filing 16 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Joseph M. Drayton dated August 26, 2021. Document filed by Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
| Filing 15 NOTICE OF APPEARANCE by Joseph Michael Drayton on behalf of Netgear, Inc...(Drayton, Joseph) [Transferred from New York Southern on 7/27/2022.] |
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/1/2021 at 03:30 PM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/14/2021) (vfr) [Transferred from New York Southern on 7/27/2022.]
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Katherine Polk Failla from Christopher Kao dated July 12, 2021., #1 Complaint,. Application GRANTED with the understanding that no further extensions will be forthcoming. SO ORDERED. (Netgear, Inc. answer due 8/30/2021.) (Signed by Judge Katherine Polk Failla on 7/13/21) (yv) [Transferred from New York Southern on 7/27/2022.]
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Katherine Polk Failla from Christopher Kao dated July 12, 2021. Document filed by Netgear, Inc...(Kao, Christopher) [Transferred from New York Southern on 7/27/2022.] |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Netgear, Inc. served on 6/23/2021, answer due 7/14/2021. Service was accepted by Casey Pineda, Managing Agent. Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 10 CIVIL COVER SHEET filed..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 9 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo) [Transferred from New York Southern on 7/27/2022.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Netgear, Inc...(jgo) [Transferred from New York Southern on 7/27/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 7/27/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Timothy Kelso Gilman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the second page of the PDF was omitted;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 7/27/2022.] |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 7/27/2022.] |
| Filing 7 NOTICE OF APPEARANCE by Christopher Michael Gerson on behalf of Trackthings LLC..(Gerson, Christopher) [Transferred from New York Southern on 7/27/2022.] |
| Filing 6 NOTICE OF APPEARANCE by Binni N. Shah on behalf of Trackthings LLC..(Shah, Binni) [Transferred from New York Southern on 7/27/2022.] |
| Filing 5 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Netgear, Inc., re: #1 Complaint,. Document filed by Trackthings LLC..(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Gilman, Timothy) Modified on 6/22/2021 (jgo). [Transferred from New York Southern on 7/27/2022.] |
| Filing 1 COMPLAINT against Netgear, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24698638)Document filed by Trackthings LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 9,642,017, #2 Exhibit B - U.S. Patent No. 9,332,442, #3 Exhibit C - U.S. Patent No. 10,107,893).(Gilman, Timothy) [Transferred from New York Southern on 7/27/2022.] |
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