Hyper Ice, Inc. et al v. MerchSource, LLC
Plaintiff: Hyper Ice, Inc. and Hyperice IP Subco, LLC
Defendant: MerchSource, LLC doing business as Sharper Image
Case Number: 1:2024cv00056
Filed: January 16, 2024
Court: US District Court for the District of Delaware
Presiding Judge: Jennifer L Hall
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2024 Filing 14 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,857,482; D956,253. (Attachments: #1 Notice of Dismissal)(ceg)
February 28, 2024 CASE CLOSED per #13 Notice of Dismissal. (ceg)
February 27, 2024 Filing 13 NOTICE of Dismissal Without Prejudice Pursuant to Rule 41(a)(l)(A) by Hyper Ice, Inc., Hyperice IP Subco, LLC. (Ralli, Andrew) Modified on 2/28/2024 (ceg).
February 15, 2024 Filing 12 Pro Hac Vice Fee - Credit Card Payment received for Mark C. Johnson, Sarah L. Boone, and Kyle B. Fleming. ( re #11 MOTION for Pro Hac Vice Appearance of Attorney Mark C. Johnson, Sarah L. Boone and Kyle B. Fleming )( Payment of $ 150, receipt number ADEDC-4338877).(Flynn, Michael)
February 15, 2024 CORRECTING ENTRY: The pdf for the Motion found at D.I. #8 has been replaced with a corrected version per counsel's request. The corrected version reflects the proper Judge's initials. (ceg)
February 15, 2024 DEFICIENCY NOTICE by the Court issued to Defendant re #11 Motion for Leave to Appear Pro Hac Vice. Per the December 21, 2023 Standing Order, the fee of $50.00 shall be paid upon the filing of a motion. For Pro Hac Vice payments via CM/ECF, local counsel can pay by credit card using the appropriate event code from the Pro Hac Vice Fee Menu in the case the motion is being filed in. (ceg)
February 15, 2024 Opinion or Order SO ORDERED, re #11 Motion for Pro Hac Vice Appearance of Attorney Mark C. Johnson, Sarah L. Boone and Kyle B. Fleming filed by MerchSource, LLC. Ordered by Judge Jennifer L. Hall on 2/15/2024. (ceg)
February 14, 2024 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Mark C. Johnson, Sarah L. Boone and Kyle B. Fleming - filed by MerchSource, LLC. (Flynn, Michael)
February 14, 2024 Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent 360 Holdings III Corp., Other Affiliate 360 Holdings II Corp., Other Affiliate 360 Holdings I Corp. for MerchSource, LLC filed by MerchSource, LLC. (Flynn, Michael)
February 14, 2024 Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss for Failure to State a Claim filed by MerchSource, LLC.Answering Brief/Response due date per Local Rules is 2/28/2024. (Flynn, Michael)
February 14, 2024 Filing 8 MOTION to Dismiss for Failure to State a Claim - filed by MerchSource, LLC. (Flynn, Michael) (Main Document 8 replaced on 2/15/2024) (ceg).
February 14, 2024 Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb)
February 13, 2024 Filing 7 Letter to The Honorable Colm F. Connolly from Michael Flynn regarding Related Cases. (Flynn, Michael)
January 24, 2024 Filing 6 STANDING ORDER REGARDING BRIEFING IN ALL CASES (nmf)
January 24, 2024 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
January 16, 2024 Filing 5 Summons Issued as to MerchSource, LLC on 1/16/2024. (apk)
January 16, 2024 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hyper Ice, Inc., Corporate Parent Hyperice IP Topco, LLC for Hyperice IP Subco, LLC filed by Hyper Ice, Inc., Hyperice IP Subco, LLC. (apk)
January 16, 2024 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,857,482; D956,253. (apk)
January 16, 2024 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
January 16, 2024 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against MerchSource, LLC ( Filing fee $ 405, receipt number ADEDC-4315713.) - filed by Hyper Ice, Inc., Hyperice IP Subco, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(apk)

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Plaintiff: Hyper Ice, Inc.
Represented By: Andrew Ralli
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Plaintiff: Hyperice IP Subco, LLC
Represented By: Andrew Ralli
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Defendant: MerchSource, LLC doing business as Sharper Image
Represented By: Michael J. Flynn
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