Healthier Choices Management Corp. v. Philip Morris USA, Inc. et al
| Healthier Choices Management Corp. |
| Philip Morris USA, Inc. and Philip Morris Products S.A. |
| 1:2020cv04816 |
| November 30, 2020 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Patent |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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) |
| 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) |
| 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) |
| Filing 29 NOTICE of Appearance by Michael Coleman Gretchen on behalf of Philip Morris Products S.A. (Gretchen, Michael) |
| 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. |
| 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. |
| Filing 26 NOTICE of Appearance by Henry D. Fellows, Jr on behalf of Philip Morris Products S.A. (Fellows, Henry) |
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)
|
| 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) |
| 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. |
|
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)
|
| Filing 22 Unopposed MOTION for Extension of Time to File Answer by Philip Morris USA, Inc.. (Attachments: #1 Text of Proposed Order)(Pannell, Charles) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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. |
| 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. |
| 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) |
|
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)
|
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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. |
| 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. |
| 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. |
| 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) |
| 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) |
| 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) |
| Filing 10 AO Form 120 forwarded to Commissioner. (dmb) |
|
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)
|
| Filing 8 Electronic Summons Issued as to Philip Morris Products S.A.. (dmb) |
| 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) |
| Filing 6 PROPOSED SUMMONS filed by Healthier Choices Management Corp. for Philip Morris Products S.A. (Moss, Alycen) |
| Filing 5 Electronic Summons Issued as to Philip Morris USA, Inc. (rsh) |
| Filing 4 PROPOSED SUMMONS filed by Healthier Choices Management Corp. for Philip Morris USA, Inc. (Moss, Alycen) |
| Filing 3 PROPOSED AO 120 . (Moss, Alycen) |
|
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)
|
| 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. |
| 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
