ILC Dover LP v. FloodBarrier, Inc.
| ILC Dover LP |
| FloodBarrier, Inc. |
| 1:2020cv21350 |
| March 27, 2020 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Patent |
| 15 U.S.C. § 1126 |
| Plaintiff |
Docket Report
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Filing 39
ORDER granting #24 Defendant's MOTION for Entitlement to Attorneys' Fees and Costs, and to Stay Proceedings, Pursuant to Fed. R. Civ. P. 41(d). This action is STAYED and ADMINISTRATIVELY CLOSED. All pending motions are denied as moot. Signed by Judge Cecilia M. Altonaga on 7/15/2020. See attached document for full details. (wc)
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| Filing 38 AFFIDAVIT signed by: John R. Lane re #37 Response in Opposition to Motion by ILC Dover LP (Attachments: #1 Exhibit A: Press Release of 01/10/2011, #2 Exhibit B: Email from R. Oakes to O. Ruiz of 06/25/20, #3 Exhibit C: Redacted copy of the 05/29/1979 agreement between C. Sandy and ILC Industries, Inc., #4 Exhibit D: Redacted copy of the 06/10/1985 agreement between McKee and ILC Industries, Inc., #5 Exhibit E: Redacted copy of the 09/22/1986 agreement between Cadogan and ILC Industries, Inc., #6 Exhibit F: Redacted copy of the 05/19/1995 agreement between Mckee and ILC Industries, Inc., #7 Exhibit G: Redacted copy of the 05/05/1999 agreement between Knoll and ILC Industries, Inc., #8 Exhibit H: Redacted copy of the 11/28/2005 agreement between Elgesem and ILC Industries, Inc., #9 Exhibit I: Redacted copy of the 06/11/2007 agreement between Hinkle and ILC Industries, Inc., #10 Exhibit J: 07/14/2008 agreement between Roushey and ILC Industries, LP, #11 Exhibit K: Redacted copy of the 12/23/2010 Transfer and Distribution Agreement, and its exhibits, between ILC Holdings, Inc., ILC Industries, Inc., ILC Industries, LLC and New ILC Dover, Inc., #12 Exhibit L: E-mail from J. Lane to O. Ruiz of 05/08/2020, #13 Exhibit M: Email from J. Lane to O. Ruiz of 05/22/2020, #14 Exhibit N: Email from J. Lane to O. Ruiz of 06/02/2020, #15 Exhibit O: Email from O. Ruiz to J. Lane of 06/08/2020, #16 Exhibit P: Email from O. Ruiz to J. Lane of 06/12/2020, #17 Exhibit Q: Excerpts of hearing transcript of 06/17/2020 [ECF No. 35], #18 Exhibit R: Emails between J. Lane O. Ruiz dated 06/30/2020 to 07/06/2020, #19 Exhibit S: Redline changes between Plaintiffs 05/08/2020 initially proposed Protective Order and the parties final 07/06/2020 agreed Protective Order, #20 Exhibit T: 10/18/1978 Pennsylvania incorporation record for ILC Industries, Inc., #21 Exhibit U: U.S. Patent No. 9,453,316, #22 Exhibit V: U.S. Patent No. 9,303,423, #23 Exhibit W: U.S. Patent No. 9,453,314)(Brafman, David) |
| Filing 37 RESPONSE in Opposition re #33 Defendant's MOTION to Dismiss for Lack of Jurisdiction #30 Amended Complaint, filed by ILC Dover LP. Replies due by 7/20/2020. (Brafman, David) |
| Filing 36 NOTICE by ILC Dover LP re #17 Order Joint Notice of Proposed Protective Order (Attachments: #1 Text of Proposed Order on Joint Notice of Protective Order) (Brafman, David) |
| Filing 35 TRANSCRIPT of the Telephonic Motion Hearing held on 06/17/2020, before Judge Cecilia M. Altonaga, 1-25 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/28/2020. Redacted Transcript Deadline set for 8/7/2020. Release of Transcript Restriction set for 10/5/2020. (smn) |
| Filing 34 REPLY to Response to Motion re #24 Defendant's MOTION for Entitlement to Attorneys' Fees and Costs, and to Stay Proceedings, Pursuant to Fed. R. Civ. P. 41(d) re #19 Amended Complaint, #1 Complaint,, MOTION to Stay filed by FloodBarrier, Inc.. (Attachments: #1 Exhibit A: written stipulation between the parties that FloodBarrier did not waive any right to relief under Rule 41(d))(Woodard, Jonathan) |
| Filing 33 Defendant's MOTION to Dismiss for Lack of Jurisdiction #30 Amended Complaint, by FloodBarrier, Inc.. Responses due by 7/13/2020 (Attachments: #1 Exhibit A: Issue Fee Payment, #2 Exhibit B: March 20, 2014 Security Agreement, #3 Exhibit C: December 28, 2017 Security Agreement (Adams), #4 Exhibit D: December 28, 2017 Security Agreement (Antares), #5 Exhibit E: January 31, 2020 Security Release and Reassignment, #6 Exhibit F: Trademark Registrations, #7 Exhibit G: Product Brochures, #8 Exhibit H: ILC Holdings to New ILC, #9 Exhibit I: New ILC Dover Inc. to ILC Dover, LP, #10 Exhibit J: ILC Dover 1, LLC to ILC Dover, LP, #11 Exhibit K: ILC Dover 2, LLC to ILC Dover, LP, #12 Exhibit L: Documents pertaining to Named Inventors, #13 Exhibit M: Delaware Documents, #14 Exhibit N: January 31, 2020 Security Agreement, #15 Exhibit O: Plaintiff's initial disclosures in the First Action, #16 Exhibit P: Plaintiff's initial disclosures in the instant action)(Woodard, Jonathan) |
| Filing 32 AFFIDAVIT Declaration of John R. Lane in Support of Plaintiff ILC Dover LP's Response to Defendant FloodBarrier, Inc.'s Motion for Entitlement to Fees and Costs and to Stay Proceedings signed by: John R. Lane re #31 Response in Opposition to Motion, by ILC Dover LP (Attachments: #1 Exhibit A. Docket in S.D. Fla. Case No. 1:19-cv-22760-KMW, #2 Exhibit B. Joint Stipulation of Dismissal without Prejudicein S.D. Fla. Case No. 1:19-cv-22760-KMW, #3 Exhibit C. IPR2019-01543 Paper 12, #4 Exhibit D. Scheduling Order in S.D. Fla. Case No. 1:19-cv-22760-KMW, #5 Exhibit E. Press Release dated 02/03/2020, #6 Exhibit F. Email from J. Lane to P. Doran of 02/07/2020, #7 Exhibit G. FloodBarrier's Objections to Initial Disclosures, #8 Exhibit H. Notice of Voluntary Dismissal in S.D. Fla. Case No. 9:17-cv-81070, #9 Exhibit I. Order of Dismissal without Prejudice S.D. Fla. Case No. 9:17-cv-81070, #10 Exhibit J. Notice of Voluntary Dismissal in D. Conn. Case No. 3:17-cv-00307, #11 Exhibit K. Docket in D. Conn. Case No. 3:17-cv-00307)(Brafman, David) |
| Filing 31 RESPONSE in Opposition re #24 Defendant's MOTION for Entitlement to Attorneys' Fees and Costs, and to Stay Proceedings, Pursuant to Fed. R. Civ. P. 41(d) re #19 Amended Complaint, #1 Complaint,, MOTION to Stay filed by ILC Dover LP. Replies due by 7/6/2020. (Brafman, David) |
| Filing 30 Second AMENDED COMPLAINT against FloodBarrier, Inc., filed by ILC Dover LP. (Attachments: #1 Exhibit 1: Patent No.: US 9.453,314, #2 Exhibit 2: Patent No.: US 9.453,316, #3 Exhibit 3: Patent No.: US 9,303,423, #4 Exhibit 4: Printout of FloodBarrier, Inc.'s website describing example of Accused Products, #5 Exhibit 5: Letter of August 15, 2018, #6 Exhibit 6: Miscellaneous pictures)(Brafman, David) |
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Filing 29
ORDER that Plaintiff, ILC Dover LP, shall file a second amended complaint by June 24, 2020; denying as moot #21 Motion to Dismiss; denying as moot #22 Motion to Dismiss for Lack of Jurisdiction; Plaintiff has until June 29, 2020 to respond to Defendant's Motion for Entitlement to Fees and Costs, and to Stay Proceedings, Pursuant to Fed. R. Civ. P. 41(d) [ECF No. 24]. Signed by Judge Cecilia M. Altonaga on 6/17/2020. See attached document for full details. (wc)
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| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Status Conference held on 6/17/2020. Total time in court: 40 minutes. Attorney Appearance(s): Oliver Alan Ruiz, Jonathan Ray Woodard, John R. Lane, David S Brafman, Robert M. Oakes, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ab01) |
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Filing 27
ORDER granting #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert M. Oakes. Signed by Judge Cecilia M. Altonaga on 6/17/2020. See attached document for full details. (ps1)
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| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert M. Oakes. Filing Fee $ 200.00 Receipt # AFLSDC-13038599 by ILC Dover LP. Responses due by 6/30/2020 (Attachments: #1 Certification of Robert M. Oakes, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing)(Brafman, David) |
| Filing 25 Clerks Notice to Filer re #24 Defendant's MOTION for Entitlement to Attorneys' Fees and Costs, and to Stay Proceedings, Pursuant to Fed. R. Civ. P. 41(d) re #19 Amended Complaint, #1 Complaint,, . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk) |
| Filing 24 Defendant's MOTION for Entitlement to Attorneys' Fees and Costs, re #19 Amended Complaint, #1 Complaint,, by FloodBarrier, Inc.. (Attachments: #1 Exhibit A: Plaintiff's original complaint in ILC Dover I (the 2019 Lawsuit), #2 Exhibit B: Plaintiff's Amended Complaint in the instant lawsuit, #3 Exhibit C: Notice of Voluntary Dismissal in Moskowitz v. American Savings Bank, No. 17-00307)(Woodard, Jonathan). Added MOTION to Stay Proceedings, Pursuant to Fed. R. Civ. P. 41(d) on 6/16/2020 (lk). |
| Filing 23 PAPERLESS NOTICE of Status Conference, re: #21 Defendant's MOTION to Dismiss with Prejudice #19 Amended Complaint, and more specifically, because the Amended Complaint constitutes an impermissible Shotgun-Pleading in violation of the Federal Rules of Civil Procedure, including Rule 8 & : Telephonic Status Conference set for 6/17/2020 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above and wait for your case to be called. The access code is 3156459 and the security code is 5510. FOR CLARITY, PLEASE DO NOT USE A SPEAKER PHONE, AND AVOID USING A CELL PHONE IF POSSIBLE. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (ps1) |
| Filing 22 Defendant's MOTION to Dismiss for Lack of Jurisdiction #19 Amended Complaint, by FloodBarrier, Inc.. Responses due by 6/29/2020 (Attachments: #1 Exhibit A: Issue Fee Payment, #2 Exhibit B: May 20, 2014 Security Agreement, #3 Exhibit C: December 28, 2017 Security Agreement (Adams), #4 Exhibit D: December 28, 2017 Security Agreement (Antares), #5 Exhibit E: January 31, 2020 Security Release and Reassignment, #6 Exhibit F: Trademark Registrations, #7 Exhibit G: Product Brochures, #8 Exhibit H: ILC Holdings, Inc. to New ILC Dover Inc., #9 Exhibit I: New ILC Dover Inc. to ILC Dover LP, #10 Exhibit J: ILC Dover 1, LLC to ILC Dover LP, #11 Exhibit K: ILC Dover 2, LLC to ILC Dover LP, #12 Exhibit L: Combined Inventors, #13 Exhibit M: ILC Industries, Inc. (State of Delaware records), #14 Exhibit N: January 31, 2020 Security Agreement)(Woodard, Jonathan) |
| Filing 21 Defendant's MOTION to Dismiss with Prejudice #19 Amended Complaint, and more specifically, because the Amended Complaint constitutes an impermissible Shotgun-Pleading in violation of the Federal Rules of Civil Procedure, including Rule 8 & 10 by FloodBarrier, Inc.. Responses due by 6/29/2020 (Attachments: #1 Exhibit A: the defendant's motion to dismiss the amended complaint in Joseph v. Bernstein, No. 13-24355-CIV-ALTONAGA (S.D. Fla. May 21, 2014), where the same law firm that represents ILC Dover LP argued that dismissal should be with prejudice because the amended complaint "failed to incorporate any of the general allegations into each of the individual causes of action", #2 Exhibit B: the plaintiff's amended complaint in Joseph v. Bernstein, No. 13-24355-CIV-ALTONAGA (S.D. Fla. April 28, 2014), which was dismissed with prejudice on shotgun-pleading grounds, and affirmed by the 11th Circuit in Joseph v. Bernstein, 612 F. App'x 551 (11th Cir. 2015), #3 Exhibit C: the plaintiff's amended pleading in Embree v. Wyndham Worldwide, 2018 U.S. Dist. LEXIS 140968 (M.D. Fla. Aug. 16, 2018), which was dismissed with prejudice on shotgun-pleading grounds, and affirmed in Embree v. Wyndham Worldwide, 779 F. App'x 658 (11th Cir. 2019))(Woodard, Jonathan) |
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Filing 20
ORDER Scheduling Mediation before Harry Schafer, Esq.; Mediation Hearing set for 10/20/2020 09:30 AM. Signed by Judge Cecilia M. Altonaga on 6/9/2020. See attached document for full details. (ps1)
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| Filing 19 AMENDED COMPLAINT FOR PATENT INFRINGEMENT against FloodBarrier, Inc., filed by ILC Dover LP. (Attachments: #1 Exhibit 1: United States Patent No. 9,453,314, #2 Exhibit 2: United States Patent No. 9,453,316, #3 Exhibit 3: United States Patent No. 9,303,423, #4 Exhibit 4: Examples of Acused Products, #5 Exhibit 5: Letter of August 15, 2018, #6 Exhibit 6: Miscellaneous pictures)(Brafman, David) |
| Filing 18 Joint NOTICE of Mediator Selection and Hearing. Notice of Filing Proposed Order Scheduling Mediation Selected/Added Harry Schafer as Mediator. Mediation Hearing set for 10/20/20 at 9:30 a.m.. (Attachments: #1 Text of Proposed Order Scheduling Mediation)(Brafman, David) |
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Filing 17
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/2/2020. See attached document for full details. (fbn)
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Filing 16
ORDER denying as moot #15 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 6/8/2020. Signed by Judge Cecilia M. Altonaga on 6/1/2020. See attached document for full details. (ps1)
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| Filing 15 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by FloodBarrier, Inc.. Attorney Jonathan Ray Woodard added to party FloodBarrier, Inc.(pty:dft). Responses due by 6/12/2020 (Woodard, Jonathan) |
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Filing 14
ORDER Setting Trial and Pre-trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: (Jury Trial set for 5/24/2021 before Judge Cecilia M. Altonaga., Calendar Call set for 5/18/2021 at 09:00 AM before Judge Cecilia M. Altonaga.),. (Mediation Deadline 2/1/2021.), REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 5/18/2020. See attached document for full details. (jbs)
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| Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by ILC Dover LP (Attachments: #1 Text of Proposed Order A: Plaintiff's Proposed Order Setting Trial and Pretrial Schedule, #2 Text of Proposed Order B: Defendant's Proposed Order Setting Trial and Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge)(Brafman, David) |
| Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by FloodBarrier, Inc. (Ruiz, Oliver) |
| Filing 11 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by ILC Dover LP identifying Corporate Parent ILC Dover 2 LLC, Corporate Parent New ILC Dover, Inc., Corporate Parent Astronaut Parent, Inc., Corporate Parent New Mountain Capital, Corporate Parent ILC Dover 1 LLC for ILC Dover LP (Brafman, David) |
| Filing 10 NOTICE by ILC Dover LP re #1 Complaint,, Notice of Filing Amended Civil Cover Sheet (Attachments: #1 Civil Cover Sheet Amended Civil Cover Sheet with re-filed case information) (Brafman, David) |
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Filing 9
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES (Joint Scheduling Report and certificate of interested due by 5/15/2020) Signed by Judge Cecilia M. Altonaga on 4/6/2020. See attached document for full details. (ail)
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| Filing 8 WAIVER OF SERVICE Returned Executed by ILC Dover LP. FloodBarrier, Inc. waiver sent on 3/30/2020, answer due 5/29/2020. (Brafman, David) |
| Filing 7 Plaintiff's Corporate Disclosure Statement by ILC Dover LP identifying Corporate Parent ILC Dover 2 LLC, Corporate Parent New ILC Dover, Inc., Corporate Parent Astronaut Parent, Inc., Corporate Parent New Mountain Capital, Corporate Parent ILC Dover 1 LLC for ILC Dover LP (Brafman, David) |
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Filing 6
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John R. Lane. Filing Fee $ 200.00 Receipt # AFLSDC-12679848 by ILC Dover LP. Responses due by 4/14/2020 (Attachments: #1 Certification of John R. Lane, #2 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Brafman, David) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (amb) |
| Filing 3 Summons Issued as to FloodBarrier, Inc.. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (amb) |
| Filing 1 COMPLAINT for Patent Infringement, Unfair Competition and Related State Law Claim against FloodBarrier, Inc.. Filing fees $ 400.00 receipt number AFLSDC-12665147, filed by ILC Dover LP. (Attachments: #1 Exhibit 1: Patent No.: US 9.453,314, #2 Exhibit 2: Patent No.: US 9.453,316, #3 Exhibit 3: Patent No.: US 9,303,423, #4 Exhibit 4: Printout of FloodBarrier, Inc.'s website describing example of Accused Products, #5 Exhibit 5: Letter to FloodBarrier, Inc., dated August 15, 2018, #6 Exhibit 6: Various photographs, #7 Civil Cover Sheet, #8 Summon(s))(Brafman, David) |
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| Defendant: FloodBarrier, Inc. | |
| Represented By: | Oliver Alan Ruiz |
| Represented By: | Jonathan Ray Woodard |
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| Plaintiff: ILC Dover LP | |
| Represented By: | Amy Price |
| Represented By: | David S Brafman |
| Represented By: | John R. Lane |
| Represented By: | Robert M. Oakes |
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