Sisvel International S.A. v. Blu Products, Inc.
| Sisvel International S.A. |
| BLU Products, Inc. |
| 1:2020cv20813 |
| February 25, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Patent |
| 35 U.S.C. § 0145 |
| Plaintiff |
Docket Report
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Filing 39
PAPERLESS ORDER: The Court grants #37 the Defendant's unopposed motion for an extension of time to respond to the complaint. The Defendant must file its response to the complaint on or before April 30, 2020. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 38 Clerks Notice to Filer re #37 Unopposed MOTION for Extension of Time to respond to Plaintiff's Complaint re #34 Amended Complaint,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 37 Unopposed Second Motion for Extension of Time to File Response/Reply/Answer as to #34 Amended Complaint,, by BLU Products, Inc.. Responses due by 5/6/2020 (Zilberman, Yanina) Modified Relief on 4/23/2020 (ls). |
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Filing 36
PAPERLESS ORDER: The Court grants #35 the Defendant's unopposed motion to respond to the Plaintiff's amended complaint. The Defendant must respond to the complaint on or before April 22, 2020. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 35 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint re #34 Amended Complaint,, by BLU Products, Inc.. Responses due by 4/22/2020 (Zilberman, Yanina) |
| Filing 34 AMENDED COMPLAINT against BLU Products, Inc., filed by Sisvel International S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Espinosa, Jorge) |
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Filing 33
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 3/12/2020. See attached document for full details. (mdc)
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Filing 32
PAPERLESS ORDER: The Court grants #31 the Defendant's unopposed motion for an extension of time to respond to the complaint. The Defendant must file its response on or before March 24, 2020. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by BLU Products, Inc.. Attorney Yanina Zilberman added to party BLU Products, Inc.(pty:dft). (Zilberman, Yanina) |
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Filing 30
ORDER Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge:, ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 2/27/2020. See attached document for full details. (jbs)
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| Filing 29 Bar Letter re: Admissions sent to attorney Neil A. Benchell, Timothy Devlin, Sean T. O'Kelly, Thomas H. Kramer, mailing date February 25, 2020, (cco) |
| Filing 28 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jua) |
| Filing 27 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 26 Case transferred in from Delaware; Case Number 1:19-cv-01141. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 25
ORAL ORDER re #24 Letter - IT IS HEREBY ORDERED that this case is transferred to the United States District Court for the Southern District of Florida. ORDERED by Judge Maryellen Noreika on 2/25/2020. (dlw)
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| Filing 24 Letter to Honorable Maryellen Noreika from Timothy Devlin regarding Sisvel International S.A., et al. v. Blu Products, Inc. - Case Transfer. (Devlin, Timothy) |
| Case electronically transferred to the United States District Court for the Southern District of Florida. (dlw) |
| Filing 23 Official Transcript of Oral Argument held on 2/7/2020 before Judge Maryellen Noreika. Court Reporter Valerie Gunning. 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 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020. (mdb) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Oral Argument held on 2/7/2020 re #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer filed by BLU Products, Inc. The Motion to Dismiss is GRANTED-IN-PART. The Court will defer determination of whether case will be transferred or dismissed. The parties have 7 days to file a joint status report on the transfer issue. The transcript shall serve as the Courts ruling. (Court Reporter: Valerie Gunning.) (asw) |
| Filing 22 NOTICE of Supplemental Authority by Sisvel International S.A. (Attachments: #1 Exhibit A)(Devlin, Timothy) |
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Filing 21
ORAL ORDER Setting Hearing on (7 in 1:19-cv-01141-MN) MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer, (15 in 1:19-cv-01142-MN) MOTION to Dismiss for Failure to State a Claim, (17 in 1:19-cv-01143-MN) MOTION to Dismiss for Failure to State a Claim, (16 in 1:19-cv-01144-MN) MOTION for Sanctions, (14 in 1:19-cv-01144-MN) MOTION to Dismiss Second Amended Complaint for Failure to State a Claim, (13 in 1:19-cv-01145-MN) MOTION to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED that a Motion Hearing is set for 2/7/2020 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 1/15/2020. (dlw)
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| Filing 20 DECLARATION of Neil A. Benchell re #19 Sur-Reply Brief by Sisvel International S.A. (Attachments: #1 Exhibit 1)(dlw) |
| Filing 19 SUR-REPLY BRIEF re #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer filed by Sisvel International S.A. (dlw) |
| Filing 18 REQUEST for Oral Argument by BLU Products, Inc. re #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer. (O'Kelly, Sean) |
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Filing 17
SO ORDERED - re #16 Consent MOTION for Leave to File Sur-Reply In Opposition to Defendant's Motion to Dismiss for Improper Venue or in the Alternative to Transfer filed by Sisvel International S.A.. Signed by Judge Maryellen Noreika on 8/21/2019. (mdb)
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| Filing 16 Consent MOTION for Leave to File Sur-Reply In Opposition to Defendant's Motion to Dismiss for Improper Venue or in the Alternative to Transfer - filed by Sisvel International S.A. (Attachments: #1 Exhibit A)(Devlin, Timothy) Modified on 8/22/2019 (dlw). |
| Filing 15 DECLARATION of Bernard L. Egozi re #14 Reply Brief by BLU Products, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(O'Kelly, Sean) Modified on 8/22/2019 (dlw). |
| Filing 14 REPLY BRIEF re #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer filed by BLU Products, Inc.. (O'Kelly, Sean) |
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SO ORDERED re #13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer, #11 Answering Brief in Opposition (Set Briefing Schedule: re #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer - Reply Brief due 8/14/2019). ORDERED by Judge Maryellen Noreika on 8/9/2019. (dlw)
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| Pro Hac Vice Attorney Bernard Egozi for BLU Products, 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. (sam) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer, #11 Answering Brief in Opposition - filed by BLU Products, Inc.. (Attachments: #1 Certificate of Compliance Rule 7.1.1)(Kramer, Thomas) |
| Filing 12 DECLARATION re #11 Answering Brief in Opposition to Motion to Dismiss or Transfer by Sisvel International S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Devlin, Timothy) Modified on 8/1/2019 (dlw). |
| Filing 11 ANSWERING BRIEF in Opposition re #7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer filed by Sisvel International S.A..Reply Brief due date per Local Rules is 8/7/2019. (Devlin, Timothy) |
| Filing 10 STATEMENT // Certification Pursuant to Local Rule 7.1.1 by BLU Products, Inc. (O'Kelly, Sean) Modified on 7/25/2019 (dlw). |
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Bernard L. Egozi filed by BLU Products, Inc. ORDERED by Judge Maryellen Noreika on 7/19/2019. (dlw)
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| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Bernard L. Egozi - filed by BLU Products, Inc.. (O'Kelly, Sean) |
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Filing 8
ORAL ORDER re #7 MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer - Defendant's motion to dismiss includes a motion in the alternative requesting "that the Court exercise its discretion and transfer this action to the Southern District of Florida pursuant to 28 U.S.C. 1404(a)," which is a nondispositive motion that, pursuant to Local Rule 7.1.1, requires an averment of counsel that a reasonable effort has been made to reach agreement with Plaintiff on this issue. THEREFORE, IT IS HEREBY ORDERED that, on or before 7/24/2019, Defendant shall file the requisite Rule 7.1.1 Statement regarding their alternative motion to transfer. ORDERED by Judge Maryellen Noreika on 7/17/2019. (dlw)
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| Filing 7 MOTION to Dismiss for Improper Venue or in the Alternative, to Transfer - filed by BLU Products, Inc. (Attachments: #1 Exhibit A)(O'Kelly, Sean) Modified on 7/17/2019 (dlw). |
| Pro Hac Vice Attorney Neil A. Benchell for Sisvel International S.A. 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: 1:19-cv-01140-MN et al.(nmg) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Neil A. Benchell - filed by Sisvel International S.A.. (Devlin, Timothy) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fineur International S.A. for Sisvel International S.A., Sisvel International S.A., Sisvel International S.A., Sisvel International S.A., Sisvel International S.A., Sisvel International S.A. filed by Sisvel International S.A.. (Devlin, Timothy) |
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SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Neil A. Benchell filed by Sisvel International S.A. Ordered by Judge Maryellen Noreika on 6/27/2019. (asw)
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| Filing 4 SUMMONS Returned Executed by Sisvel International S.A.. BLU Products, Inc. served on 6/25/2019, answer due 7/16/2019. (Devlin, Timothy) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:19-cv-01140-MN through 1:19-cv-01145-MN (rjb) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,529,561 B2; US 7,433,698 B2; US 8,364,196 B2; US 7,751,803 B2; and US 7,894,443 B2. (amf) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against BLU Products, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2669396) - filed by Sisvel International S.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(amf) |
| Summons Issued with Magistrate Consent Notice attached as to BLU Products, Inc. on 6/20/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (amf) |
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