Wonderland Switzerland AG v. Evenflo Company, Inc.
| Wonderland Switzerland AG |
| Evenflo Company, Inc. |
| 1:2023cv00354 |
| March 28, 2023 |
| US District Court for the District of Delaware |
| Jon P McCalla |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 Official Transcript of Scheduling Conference held on 5/24/2023 before Judge Jon P McCalla. (Court Reporter/Transcriber: Tina DuBose Gibson, Tina_Gibson@tnwd.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 6/14/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/22/2023. (twk) |
Filing 22
SCHEDULING ORDER: Joinder of Parties due by 7/24/2023. A Status Conference is set for 6/26/2023 at 11:00 AM in Virtually before Judge Jon P McCalla (PLEASE SEE ORDER FOR FURTHER DETAILS). Signed by Judge Jon P McCalla on 5/24/2023. (apk)
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| Minute Entry for proceedings held before Judge Jon P McCalla - Scheduling Conference held on 5/24/2023. Shamita Etienne-Cummings, Karen Elizabeth Keller, and James Gagen appeared for the plaintiff. Lauren Douville, Aaron Hankel, and Jeremy Tigan. This is an action under United States patent law, 35 U.S.C. Sections 100 et seq. Plaintiff Wonderland Switzerland AG ("Wonderland") alleges that Defendant Evenflo Company, Inc.'s ("Evenflo") ALL4ONE and ALL4ONE DLX 4-in-1 Convertible Car Seats infringe its patent. (ECF No. #1 62-90.) The Court discussed whether additional specific discovery will likely be needed given recent related litigation, and whether parties will require a Claims Construction ruling. The Court reviewed the proposed joint scheduling order. The Court will focus on the pending motion to stay #17 . The Court sets a Video Status Conference for Monday, June 26, 2023 at 10:00 AM. (Court Reporter: Tina Gibson). (twk) |
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Filing 21
STIPULATION AND ORDER regarding D.I. #20 . Signed by Judge Jon P McCalla on 5/23/2023. (apk)
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| Filing 20 PROPOSED ORDER [Proposed] Protective Order by Wonderland Switzerland AG. (DiBenedetto, Emily) |
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Filing 19
ORDER granting #18 MOTION for Pro Hac Vice Appearance of Attorney B. Trent Webb, Lauren Douville and Aaron E. Hankel. Signed by Judge Jon P McCalla on 5/23/2023. (twk)
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| Filing 18 MOTION for Pro Hac Vice Appearance of Attorney B. Trent Webb, Lauren Douville and Aaron E. Hankel - filed by Evenflo Company, Inc.. (Tigan, Jeremy) |
| Filing 17 MOTION to Stay Pending Appeal of Related Case - filed by Evenflo Company, Inc.. (Tigan, Jeremy) |
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Filing 16
SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Shamita D. Etienne-Cummings filed by Wonderland Switzerland AG. Signed by Judge Jon P McCalla on 5/23/2023. (mpb)
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| Pro Hac Vice Attorney Alan M. Billharz and James P. Gagen for Wonderland Switzerland AG 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 Shamita D. Etienne-Cummings for Wonderland Switzerland AG 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. (mkr) |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Shamita D. Etienne-Cummings - filed by Wonderland Switzerland AG. (DiBenedetto, Emily) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (DiBenedetto, Emily) |
| Filing 13 NOTICE OF SERVICE of 1. Plaintiff's First Set of Requests for the Production of Documents to Defendant Evenflo Company, Inc. (Nos. 1-6) 2. Plaintiff's First Set of Interrogatories to Defendant Evenflo Company, Inc. (Nos. 1-3) filed by Wonderland Switzerland AG.(DiBenedetto, Emily) |
| Filing 12 NOTICE OF SERVICE of Plaintiff Wonderland Switzerland AG's Initial Infringement Contentions filed by Wonderland Switzerland AG.(Keller, Karen) |
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Filing 11
ORDER granting #10 MOTION for Pro Hac Vice Appearance of Attorney James P. Gagen and Alan M. Billharz. Signed by Judge Jon P McCalla on 5/8/2023. (twk)
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| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney James P. Gagen and Alan M. Billharz - filed by Wonderland Switzerland AG. (DiBenedetto, Emily) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Goodbaby International Holdings Limited for Evenflo Company, Inc. filed by Evenflo Company, Inc.. (Tigan, Jeremy) |
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Filing 8
Order: A video scheduling conference pursuant to Fed. R. Civ. P. 16(b) will be held on Wednesday, May 24, 2023 at 10:00 A.M. (CT) / 11:00 A.M. (ET). Email invitations will be sent at least one day prior to the conference. The parties are directed to confer before the Patent Scheduling Conference pursuant to LPR 2.1(b) and submit a Joint Planning Report and Proposed Scheduling Order pursuant to LPR 2.1(c). (See Order for further details) Signed by Judge Jon P McCalla on 04/19/2023. (smg)
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| Filing 7 ANSWER to #1 Complaint,, with Jury Demand by Evenflo Company, Inc..(Tigan, Jeremy) |
| Case Assigned to Judge Jon P McCalla of the United States District Court for the Western District of Tennessee (due to related case). Please include the initials of the Judge (JPM) after the case number on all documents filed. (rjb) |
| Filing 6 SUMMONS Returned Executed by Wonderland Switzerland AG.Evenflo Company, Inc. served on 3/29/2023, answer due 4/19/2023. (Keller, Karen) |
| CORRECTING ENTRY: Exhibit T replaced with redacted version of the names of jurors, per counsels' request. (vfm) |
| Filing 5 Summons Issued as to Evenflo Company, Inc. on 3/28/2023. (mpb) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Wonderland International AG for Wonderland Switzerland AG filed by Wonderland Switzerland AG. (mpb) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,625,043 B2. (mpb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 1 COMPLAINT filed with Jury Demand against Evenflo Company, Inc. ( Filing fee $ 402, receipt number ADEDC-4099640.) - filed by Wonderland Switzerland AG. (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 Civil Cover Sheet)(mpb) (Attachment 20 replaced on 3/29/2023) (vfm). |
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