Healthier Choices Management Corp. v. Philip Morris USA, Inc. et al
Plaintiff: Healthier Choices Management Corp.
Defendant: Philip Morris USA, Inc. and Philip Morris Products S.A.
Case Number: 1:2020cv04816
Filed: November 30, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Timothy C Batten
Nature of Suit: Patent
Cause of Action: 28 U.S.C. ยง 1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2021 Filing 32 Certificate of Interested Persons and Corporate Disclosure Statement by Philip Morris USA, Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc.. (Pannell, Charles)
February 25, 2021 Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Philip Morris Products S.A., Philip Morris USA, Inc.. (Attachments: #1 Brief, #2 Exhibit Ex. 1 - FDA Scientific Review, #3 Exhibit Ex. 2 - Appl. No. 15_923,848 (Notice of Allowance), #4 Exhibit Ex. 3 - Appl. No. 13_987,851 (11.18.2016 Amendment&Argument))(Pannell, Charles)
February 24, 2021 Filing 30 Certificate of Interested Persons and Corporate Disclosure Statement by Philip Morris Products S.A. identifying Corporate Parent Philip Morris International, Inc. for Philip Morris Products S.A.. (Fellows, Henry)
February 24, 2021 Filing 29 NOTICE of Appearance by Michael Coleman Gretchen on behalf of Philip Morris Products S.A. (Gretchen, Michael)
February 24, 2021 Filing 28 APPLICATION for Admission of Maximilian A. Grant Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10758952).by Philip Morris Products S.A.. (Fellows, Henry) Documents for this entry are not available for viewing outside the courthouse.
February 24, 2021 Filing 27 APPLICATION for Admission of Richard G. Frenkel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10758930).by Philip Morris Products S.A.. (Fellows, Henry) Documents for this entry are not available for viewing outside the courthouse.
February 24, 2021 Filing 26 NOTICE of Appearance by Henry D. Fellows, Jr on behalf of Philip Morris Products S.A. (Fellows, Henry)
January 28, 2021 Opinion or Order Filing 25 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (adg) (ADI)
January 27, 2021 APPROVAL by Clerks Office re: #24 APPLICATION for Admission of Stephen P. Bosco Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10645427). Attorney Stephen P. Bosco added appearing on behalf of Philip Morris USA, Inc. (cdg)
January 25, 2021 Filing 24 APPLICATION for Admission of Stephen P. Bosco Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10645427).by Philip Morris USA, Inc.. (Pannell, Charles) Documents for this entry are not available for viewing outside the courthouse.
January 19, 2021 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to Answer, Philip Morris USA, Inc. Answer due 2/26/2021. Signed by Judge Timothy C. Batten, Sr. on 1/19/2021. (dmb)
January 19, 2021 Filing 22 Unopposed MOTION for Extension of Time to File Answer by Philip Morris USA, Inc.. (Attachments: #1 Text of Proposed Order)(Pannell, Charles)
January 4, 2021 MINUTE ORDER granting Brian E. Ferguson's #20 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
December 31, 2020 APPROVAL by Clerks Office re: #21 APPLICATION for Admission of Elizabeth Weiswasser Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10543729).. Attorney Elizabeth S. Weiswasser added appearing on behalf of Philip Morris USA, Inc. (cdg)
December 31, 2020 APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Brian E. Ferguson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10543466). Attorney Brian E. Ferguson added appearing on behalf of Philip Morris USA, Inc. (cdg)
December 30, 2020 MINUTE ORDER granting Eric Levi and Aaron S. Lukas's #15 and #16 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
December 30, 2020 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Eric Levi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527445).. Attorney Eric Levi added appearing on behalf of Healthier Choices Management Corp. (nmb)
December 29, 2020 Filing 21 APPLICATION for Admission of Elizabeth Weiswasser Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10543729).by Philip Morris USA, Inc.. (Pannell, Charles) Documents for this entry are not available for viewing outside the courthouse.
December 29, 2020 Filing 20 APPLICATION for Admission of Brian E. Ferguson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10543466).by Philip Morris USA, Inc.. (Pannell, Charles) Documents for this entry are not available for viewing outside the courthouse.
December 29, 2020 Filing 19 WAIVER OF SERVICE Returned Executed by Healthier Choices Management Corp.. Philip Morris Products S.A. waiver mailed on 12/28/2020, answer due 2/26/2021. (Moss, Alycen)
December 29, 2020 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer, Philip Morris USA, Inc. Answer due 1/27/2021. Signed by Judge Timothy C. Batten, Sr. on 12/28/2020. (dmb)
December 29, 2020 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Aaron S. Lukas Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527446).. Attorney Eric Levi added appearing on behalf of Healthier Choices Management Corp. (nmb)
December 29, 2020 MINUTE ORDER granting Barry P. Golob's #14 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
December 29, 2020 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Aaron S. Lukas Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527446).. Attorney Aaron S. Lukas added appearing on behalf of Healthier Choices Management Corp. (nmb)
December 29, 2020 APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Barry P. Golob Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527429).. Attorney Barry P. Golob added appearing on behalf of Healthier Choices Management Corp. (nmb)
December 23, 2020 Filing 17 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Philip Morris USA, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order on Consent Motion for Extension of Time)(Pannell, Charles)
December 23, 2020 Filing 16 APPLICATION for Admission of Aaron S. Lukas Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527446).by Healthier Choices Management Corp.. (Moss, Alycen) Documents for this entry are not available for viewing outside the courthouse.
December 23, 2020 Filing 15 APPLICATION for Admission of Eric Levi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527445).by Healthier Choices Management Corp.. (Moss, Alycen) Documents for this entry are not available for viewing outside the courthouse.
December 23, 2020 Filing 14 APPLICATION for Admission of Barry P. Golob Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10527429).by Healthier Choices Management Corp.. (Moss, Alycen) Documents for this entry are not available for viewing outside the courthouse.
December 21, 2020 Filing 13 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Aaron S. Lukas. Clerk to follow-up by 12/31/2020. (nmb)
December 21, 2020 Filing 12 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Eric Levi. Clerk to follow-up by 12/31/2020. (nmb)
December 21, 2020 Filing 11 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Barry P. Golob. Clerk to follow-up by 12/31/2020. (nmb)
December 14, 2020 Filing 10 AO Form 120 forwarded to Commissioner. (dmb)
December 9, 2020 Opinion or Order Filing 9 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI)
December 7, 2020 Filing 8 Electronic Summons Issued as to Philip Morris Products S.A.. (dmb)
December 7, 2020 Filing 7 Return of Service Executed by Healthier Choices Management Corp.. Philip Morris USA, Inc. served on 12/4/2020, answer due 12/28/2020. (Moss, Alycen)
December 4, 2020 Filing 6 PROPOSED SUMMONS filed by Healthier Choices Management Corp. for Philip Morris Products S.A. (Moss, Alycen)
December 4, 2020 Filing 5 Electronic Summons Issued as to Philip Morris USA, Inc. (rsh)
December 3, 2020 Filing 4 PROPOSED SUMMONS filed by Healthier Choices Management Corp. for Philip Morris USA, Inc. (Moss, Alycen)
November 30, 2020 Filing 3 PROPOSED AO 120 . (Moss, Alycen)
November 30, 2020 Opinion or Order Filing 2 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/20. (eop)
November 30, 2020 Filing 1 COMPLAINT with Jury Demand filed by Healthier Choices Management Corp.. (Filing fee $400.00, receipt number AGANDC-10426189) (Attachments: #1 Exhibit -A - (Patent No. US10561170), #2 Exhibit -B -(FDA News Release), #3 Exhibit -C -(FDA Marketing Order), #4 Exhibit -D -(Store Locator -Defendants' Locations in Atlanta Region), #5 Exhibit -E -(Store Locator of Lenox Square), #6 Exhibit -F -(Lenox Square Map), #7 Exhibit -G -(Store Locator -Defendants' Locations in Atlanta Region), #8 Exhibit -H -(Mall of Georgia Map), #9 Exhibit -I -(June 2020 Store Opening Status), #10 Exhibit -J -(MRTPA section 2.7 Executive Summary), #11 Exhibit -K -(IQOS Quick Start Guide), #12 Exhibit -L -(IQOS User Guide), #13 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
November 30, 2020 Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (eop)

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Plaintiff: Healthier Choices Management Corp.
Represented By: Alycen A. Moss
Represented By: Lynnette D. Espy-Williams
Represented By: Eric Lawrence Levi
Represented By: Barry P. Golob
Represented By: Aaron S. Lukas
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Defendant: Philip Morris USA, Inc.
Represented By: Brian E. Ferguson
Represented By: Stephen P. Bosco
Represented By: Elizabeth S. Weiswasser
Represented By: Charles Adam Pannell, III
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Defendant: Philip Morris Products S.A.
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