Whoop, Inc. v. Finerpoint, Inc.
| Whoop, Inc. |
| Finerpoint, Inc. d/b/a/ Bevel |
| 1:2026cv00289 |
| March 17, 2026 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Patent |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 42 NOTICE OF SERVICE of Plaintiff Whoop, Inc.'s Responses and Objections to Defendant's First Set of Requests for Production (Nos. 1-93) and Plaintiff Whoop, Inc.'s Responses and Objections to Defendant's First Set of Interrogatories (Nos. 1-12) filed by Whoop, Inc..(Dudash, Amy) |
| Filing 41 NOTICE OF SERVICE of Defendant Finerpoint, Inc. d/b/a Bevel's Objections and Responses to Plaintiff's First Set of Interrogatories (Nos. 1-13) and Defendant Finerpoint, Inc. d/b/a Bevel's Objections and Responses to Plaintiff's First Set of Requests for Production of Documents and Things (Nos. 1-71) filed by Finerpoint, Inc..(Bilson, David) |
| Filing 40 NOTICE OF SERVICE of Plaintiff Whoop, Inc.'s Amended Initial ESI Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery filed by Whoop, Inc..(Dudash, Amy) |
| Filing 39 NOTICE OF SERVICE of Plaintiff Whoop, Inc.'s Initial ESI Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery filed by Whoop, Inc..(Dudash, Amy) |
| Filing 38 NOTICE OF SERVICE of Defendant Finerpoint, Inc. d/b/a Bevel's Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Finerpoint, Inc..(Phillips, John) |
Filing 37
STIPULATION AND PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 8/3/2026. (dlw)
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| Filing 36 NOTICE OF SERVICE of Plaintiff's Disclosure of Asserted Patents, Accused Products, Patent Damages Model, and Prosecution Histories filed by Whoop, Inc..(Dudash, Amy) |
| Filing 35 STIPULATION and [Proposed] Protective Order - filed by Whoop, Inc.. (Dudash, Amy) |
| Filing 34 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories (Nos. 1-13) and Plaintiff's First Set of Requests for Production of Documents and Things (Nos. 1-71) filed by Whoop, Inc..(Dudash, Amy) |
| Filing 33 NOTICE OF SERVICE of Defendant Finerpoint, Inc. d/b/a Bevel's First Set of Interrogatories (Nos. 1-12) and Defendant Finerpoint, Inc. d/b/a Bevel's First Set of Requests for Production (Nos. 1-93) filed by Finerpoint, Inc..(Bilson, David) |
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SO ORDERED re #32 STIPULATION TO EXTEND TIME to submit an agreed upon Protective Order to July 31, 2026. ORDERED by Judge Maryellen Noreika on 7/29/2026. (dlw)
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| Filing 32 STIPULATION TO EXTEND TIME to submit an agreed upon Protective Order to July 31, 2026 - filed by Whoop, Inc.. (Dudash, Amy) |
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SO ORDERED re #31 STIPULATION TO EXTEND TIME for Parties to Submit Proposed Protective Order to July 29, 2026. ORDERED by Judge Maryellen Noreika on 7/21/2026. (dlw)
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| Filing 31 Joint STIPULATION TO EXTEND TIME for Parties to Submit Proposed Protective Order to July 29, 2026 - filed by Whoop, Inc.. (Dudash, Amy) |
| Pro Hac Vice Attorney Anna Johnson for Whoop, 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. (oam) |
| Pro Hac Vice Attorney Tessa R. Rose for Whoop, 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. (oam) |
| Pro Hac Vice Attorney Katherine W. Soule for Whoop, 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. (oam) |
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SO ORDERED re #29 MOTION for Pro Hac Vice Appearance of Attorney Anna Johnson, Tessa Rose, Katherine Soule. Ordered by Judge Maryellen Noreika on 7/16/2026. (as)
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| Filing 30 Pro Hac Vice Fee - Credit Card Payment received for Anna Johnson, Tessa Rose, and Katherine Soule. ( re #29 MOTION for Pro Hac Vice Appearance of Attorney Anna Johnson, Tessa Rose, Katherine Soule )( Payment of $ 150, receipt number ADEDC-5017124).(Dudash, Amy) |
| Filing 29 MOTION for Pro Hac Vice Appearance of Attorney Anna Johnson, Tessa Rose, Katherine Soule - filed by Whoop, Inc.. (Attachments: #1 Certification of Anna Johnson, #2 Certification of Tessa Rose, #3 Certification of Katherine Soule)(Dudash, Amy) |
| Filing 28 NOTICE OF SERVICE of Plaintiff Whoop, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Whoop, Inc..(Dudash, Amy) |
| Filing 27 NOTICE OF SERVICE of Defendant Finerpoint, Inc. d/b/a Bevel's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Finerpoint, Inc..(Bilson, David) |
| Filing 26 REQUEST for Oral Argument by Whoop, Inc. re #17 PARTIAL MOTION to Dismiss for Failure to State a Claim. (Dudash, Amy) Modified on 7/14/2026 (mdb). |
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Filing 25
SCHEDULING ORDER: Joinder of Parties due by 4/2/2027. Amended Pleadings due by 4/2/2027. Fact Discovery completed by 5/14/2027. Opening Expert Reports due by 1/14/2028. Rebuttal Expert Reports due by 2/18/2028. Reply Expert Reports due by 3/10/2028. Expert Discovery due by 3/31/2028. Dispositive Motions due by 4/14/2028. Claim Construction Opening Brief served by 8/27/2027. Claim Construction Answering Brief served by 9/17/2027. Claim Construction Reply Brief served by 10/1/2027. Claim Construction Surreply Brief served by 10/5/2027. Joint Claim Construction Brief filed by 10/20/2027. A Markman Hearing is set for 11/10/2027 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 9/11/2028 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 8-day Jury Trial is set for 9/18/2028 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 7/9/2026. (dlw)
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| Filing 24 REPLY BRIEF re #17 PARTIAL MOTION to Dismiss for Failure to State a Claim filed by Finerpoint, Inc. (Phillips, John) Modified on 7/8/2026 (dlw). |
| Filing 23 PROPOSED ORDER // Scheduling Order by Whoop, Inc. (Dudash, Amy) Modified on 6/30/2026 (dlw). |
| Filing 22 ANSWERING BRIEF in Opposition re #17 PARTIAL MOTION to Dismiss for Failure to State a Claim filed by Whoop, Inc. Reply Brief due date per #21 Stipulation and Order is 7/7/2026. (Attachments: #1 Exhibit 1)(Dudash, Amy) Modified on 6/24/2026 (dlw). |
| Filing 21 STIPULATION TO EXTEND TIME for Plaintiff to file its opposition to Defendant's Motion to Dismiss to June 23, 2026 and deadline for Defendant to file its reply brief extended to July 7, 2026 - filed by Whoop, Inc.. (Dudash, Amy) |
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SO ORDERED re #21 STIPULATION TO EXTEND TIME for Plaintiff to file its opposition to Defendant's Motion to Dismiss to June 23, 2026 and deadline for Defendant to file its reply brief to July 7, 2026 (Set Briefing Schedule: re #17 PARTIAL MOTION to Dismiss for Failure to State a Claim - Answering Brief due 6/23/2026. Reply Brief due 7/7/2026). ORDERED by Judge Maryellen Noreika on 6/3/2026. (dlw)
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Filing 20
ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at https://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/28/2026. (dlw)
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| Filing 19 DECLARATION of Jeremiah S. Helm re #17 PARTIAL MOTION to Dismiss for Failure to State a Claim (Partial), #18 Opening Brief in Support by Finerpoint, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Phillips, John) |
| Filing 18 OPENING BRIEF in Support re #17 PARTIAL MOTION to Dismiss for Failure to State a Claim filed by Finerpoint, Inc. Answering Brief/Response due date per Local Rules is 6/9/2026. (Phillips, John) Modified on 5/26/2026 (dlw). |
| Filing 17 PARTIAL MOTION to Dismiss for Failure to State a Claim - filed by Finerpoint, Inc. (Attachments: #1 Proposed Order)(Phillips, John) Modified on 5/26/2026 (dlw). |
| Pro Hac Vice Attorney Matthew S. Bellinger for Finerpoint, 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. Associated Cases: 1:26-cv-00289-MN, 1:26-cv-00328-MN(scs) |
| Pro Hac Vice Attorney Jeremiah S. Helm for Finerpoint, 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. Associated Cases: 1:26-cv-00289-MN, 1:26-cv-00328-MN(scs) |
| Pro Hac Vice Attorney Michael Forman for Finerpoint, 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. (oam) |
| Filing 16 Pro Hac Vice Fee - Credit Card Payment received for Matthew Bellinger, Jeremiah S. Helm, and Michael S. Forman. ( re #15 MOTION for Pro Hac Vice Appearance of Attorney Matthew Bellinger, Jeremiah S. Helm and Michael S. Forman )( Payment of $ 150, receipt number ADEDC-4973916).(Bilson, David) |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Matthew Bellinger, Jeremiah S. Helm and Michael S. Forman - filed by Finerpoint, Inc.. (Attachments: #1 Certification of Matthew Bellinger, #2 Certification of Jeremiah S. Helm, #3 Certification of Matthew S. Forman)(Bilson, David) |
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SO ORDERED re #15 MOTION for Pro Hac Vice Appearance of Attorney Matthew Bellinger, Jeremiah S. Helm and Michael S. Forman filed by Finerpoint, Inc. ORDERED by Judge Maryellen Noreika on 5/20/2026. (dlw)
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| Filing 14 Pro Hac Vice Fee - Credit Card Payment received for Joshua M. Dalton and Matthew J. Rizzolo. ( re #13 MOTION for Pro Hac Vice Appearance of Attorney Joshua M. Dalton and Matthew J. Rizzolo )( Payment of $ 100, receipt number ADEDC-4946597).(Dudash, Amy) |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Joshua M. Dalton and Matthew J. Rizzolo - filed by Whoop, Inc.. (Attachments: #1 Certification of Joshua M. Dalton, #2 Certification of Matthew J. Rizzolo)(Dudash, Amy) |
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SO ORDERED re #13 MOTION for Pro Hac Vice Appearance of Attorney Joshua M. Dalton and Matthew J. Rizzolo filed by Whoop, Inc. ORDERED by Judge Maryellen Noreika on 4/14/2026. (dlw)
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| Pro Hac Vice Attorney Joshua M. Dalton & Matthew J. Rizzolo for Whoop, 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. (slk) |
| Pro Hac Vice Attorney Hans L. Mayer & Brian C. Horne for Finerpoint, 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. (slk) |
| Filing 12 Pro Hac Vice Fee - Credit Card Payment received for Hans L. Mayer and Brian C. Horne. ( re #11 MOTION for Pro Hac Vice Appearance of Attorney Hans L. Mayer and Brian C. Horne )( Payment of $ 100, receipt number ADEDC-4944029).(Bilson, David) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Hans L. Mayer and Brian C. Horne - filed by Finerpoint, Inc.. (Attachments: #1 Certification of Hans L. Mayer, #2 Certification of Brian C. Horne)(Bilson, David) |
| Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Finerpoint, Inc.. (Phillips, John) |
| Filing 9 NOTICE of Appearance by David A. Bilson on behalf of Finerpoint, Inc. (Bilson, David) |
| Filing 8 NOTICE of Appearance by John C. Phillips, Jr on behalf of Finerpoint, Inc. (Phillips, John) |
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SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Hans L. Mayer and Brian C. Horne filed by Finerpoint, Inc. ORDERED by Judge Maryellen Noreika on 4/10/2026. (dlw)
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| Filing 7 WAIVER OF SERVICE returned executed by Whoop, Inc.: For Finerpoint, Inc. waiver sent on 3/25/2026, answer due 5/26/2026. (Dudash, Amy) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (alb) |
| Filing 6 Summons Issued as to Finerpoint, Inc. on 3/17/2026. (scs) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Whoop, Inc.. (scs) |
| Filing 4 Report to the Register of Copyrights for Copyright Number(s)TX0009436457; TX0009436446; TX0009436447; TX0009436448; TX0009429665; TX0009429660; TX0009436449; TX0009436451; TX0009436452; TX0009450902; TX0009436456. (scs) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,602,279; 11,627,946; 12,220,112; 12,318,226. (scs) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
| Filing 1 COMPLAINT with Jury Demand against Finerpoint, Inc. (Filing fee $ 405, receipt number ADEDC-4925195) - filed by Whoop, Inc.. (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 Civil Cover Sheet)(scs) |
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