SOMERO ENTERPRISES, INC. v. LIGCHINE INTERNATIONAL CORPORATION
| SOMERO ENTERPRISES, INC. |
| LIGCHINE INTERNATIONAL CORPORATION |
| 4:2021cv00028 |
| February 10, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 58 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Order of Dismissal) (TMC) |
Filing 57
ORDER OF DISMISSAL WITH PREJUDICE - The Court hereby dismisses with prejudice all claims, counterclaims and defenses in this action, with all parties bearing their own costs and attorneys' fees incurred in connection with this litigation, and with this Court retaining jurisdiction to enforce the terms of the Settlement Agreement and Limited Release entered into on February 25, 2021, by and among Somero and Ligchine #56 . Signed by Judge Jane Magnus-Stinson on 3/15/2021.(TMC)
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| Filing 56 STIPULATION of Dismissal with Prejudice (Joint), as to Plaintiff SOMERO ENTERPRISES, INC., Counter Claimant LIGCHINE INTERNATIONAL CORPORATION, Defendant LIGCHINE INTERNATIONAL CORPORATION, Counter Defendant SOMERO ENTERPRISES, INC., filed by SOMERO ENTERPRISES, INC.. (Attachments: #1 Text of Proposed Order)(Larsen, Joshua) |
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Filing 55
ORDER DIRECTING FILING OF A PLEADING AUTHORIZING DISMISSAL - Parties have reported settlement. All that remains to be done is the execution of documents and/or delivery of funds, if so required, in accordance with their agreement. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. Counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal and submit an order for the Court's signature ordering the dismissal (in conformance with the agreement of the parties) no later than April 5, 2021 (See Order). Signed by Judge Jane Magnus-Stinson on 3/4/2021.(TMC)
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Filing 54
ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION - #53 Motion for Extension of Time to File Response is granted. Somero shall have until March 16, 2021, to respond to Ligchine's Motion to Stay, #47 . Signed by Magistrate Judge Debra McVicker Lynch on 3/2/2021. (TMC)
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| Filing 53 Unopposed MOTION for Extension of Time to File Response to March 16, 2021 re #47 MOTION to Stay the Litigation Pending Outcome of Inter Partes Review , filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Text of Proposed Order)(Larsen, Joshua) |
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Filing 52
ORDER granting #50 Motion for Extension of Time to File Response to 3/2/2021 re #47 MOTION to Stay the Litigation Pending Outcome of Inter Partes Review. Signed by Magistrate Judge Debra McVicker Lynch on 2/11/2021. (TMC)
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| Filing 51 Case transferred in from Indianapolis Division on 02/10/2021 Case Number 1:20-cv-2356. Case assigned to Judge Jane Magnus-Stinson and Magistrate Judge Debra McVicker Lynch., filed by SOMERO ENTERPRISES, INC. (MAC) |
| Filing 50 Joint MOTION for Extension of Time to File Response to March 2, 2021 re #47 MOTION to Stay the Litigation Pending Outcome of Inter Partes Review (Unopposed), filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Text of Proposed Order)(Larsen, Joshua) |
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Filing 49
STIPULATED PROTECTIVE ORDER #44 Approved and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 2/4/2021.(SWM)
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| Filing 48 BRIEF/MEMORANDUM in Support re #47 MOTION to Stay the Litigation Pending Outcome of Inter Partes Review , filed by Counter Claimant LIGCHINE INTERNATIONAL CORPORATION, Defendant LIGCHINE INTERNATIONAL CORPORATION. (Theuerkauf, Robert) |
| Filing 47 MOTION to Stay the Litigation Pending Outcome of Inter Partes Review, filed by Counter Claimant LIGCHINE INTERNATIONAL CORPORATION, Defendant LIGCHINE INTERNATIONAL CORPORATION. (Attachments: #1 Memorandum in Support of Motion to Stay Pending IPR, #2 EXHIBIT A-PART 1 - Final Petition for Inter Partes Review US Patent 8,038,366, #3 EXHIBIT A-PART 2 - Final Petition for Inter Partes Review US Patent 8,038,366, #4 EXHIBIT A-PART 3 - Final Petition for Inter Partes Review US Patent 8,038,366, #5 EXHIBIT A-PART 4 - Final Petition for Inter Partes Review US Patent 8,038,366, #6 EXHIBIT B - Claim Chart, #7 EXHIBIT C - Sony Interactive, #8 Proposed Order)(Theuerkauf, Robert) |
| Filing 46 Witness List and Exhibit List (Preliminary), filed by Counter Claimant LIGCHINE INTERNATIONAL CORPORATION, Defendant LIGCHINE INTERNATIONAL CORPORATION. (Theuerkauf, Robert) |
| Filing 45 Witness List Preliminary Witness and Exhibit List, filed by Plaintiff SOMERO ENTERPRISES, INC.. (Taggart, Leigh) |
| Filing 44 Joint MOTION for Protective Order , filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Text of Proposed Order, #2 Appendix - Comparison of Proposed Protective Order to Court's Uniform Protective Order)(Larsen, Joshua) |
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Filing 43
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 11/12/2021. Discovery due by 9/10/2021. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 1/8/2021. (GD)
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Filing 42
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 1/8/2021. Approved Case Management Plan, with revisions, to be entered by separate order. Telephonic Status Conference set for 3/4/2021 at 4:30 PM (Eastern Time). Settlement Conference set for 9/21/2021 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 41
ORDER REGARDING PROTECTIVE ORDERS. (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 1/8/2021.(MAC)
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| Filing 40 ANSWER to #27 Answer to Amended ComplaintCounterclaim , filed by SOMERO ENTERPRISES, INC..(Taggart, Leigh) |
| Filing 39 REPLY in Support of Motion re #30 MOTION for Intra District Transfer of Venue to New Albany Division , filed by Counter Claimant LIGCHINE INTERNATIONAL CORPORATION, Defendant LIGCHINE INTERNATIONAL CORPORATION. (Attachments: #1 Exhibit ExA - 2020.12.16 General Order suspending jury trials until March 1)(Theuerkauf, Robert) |
| Filing 38 NOTICE of Appearance by Daniel W. Redding on behalf of Counter Claimant LIGCHINE INTERNATIONAL CORPORATION, Defendant LIGCHINE INTERNATIONAL CORPORATION. (Redding, Daniel) |
| Filing 37 PROPOSED PATENT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff SOMERO ENTERPRISES, INC. . (Larsen, Joshua) |
| Filing 35 RESPONSE in Opposition re #30 MOTION for Intra District Transfer of Venue to New Albany Division , filed by Plaintiff SOMERO ENTERPRISES, INC.. (Taggart, Leigh) |
| Filing 34 EXHIBIT in Support of Response in Opposition to Motion re #30 MOTION for Intra District Transfer of Venue to New Albany Division Exhibit A - September 30, 2020 Email from S. Waidelich to R. Theuerkauf, filed by Plaintiff SOMERO ENTERPRISES, INC.. (Taggart, Leigh) |
| Filing 33 NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer and Counterclaim). (MAC) Modified on 12/21/2020 (MAC). (Main Document 33 replaced on 12/21/2020) (MAC). |
| Filing 32 Corporate Disclosure Statement by LIGCHINE INTERNATIONAL CORPORATION. (Theuerkauf, Robert) |
| Filing 31 BRIEF/MEMORANDUM in Support re #30 MOTION for Intra District Transfer of Venue to New Albany Division , filed by Defendant LIGCHINE INTERNATIONAL CORPORATION. (Attachments: #1 Exhibit Declaration of David J. Ring)(Theuerkauf, Robert) |
| Filing 30 MOTION for Intra District Transfer of Venue to New Albany Division, filed by Defendant LIGCHINE INTERNATIONAL CORPORATION. (Attachments: #1 Text of Proposed Order Proposed Order)(Theuerkauf, Robert) |
| Filing 29 NOTICE to File Corporate Disclosure Statement to LIGCHINE INTERNATIONAL CORPORATION. (RAGS) (MAC) |
| Filing 28 MOTION for Intra District Transfer of Venue to NA Division, filed by Defendant LIGCHINE INTERNATIONAL CORPORATION. (Attachments: #1 Exhibit Memo of Law in Support of Motion for Intra District Transfer of Venue, #2 Exhibit ExA Declaration of David J. Ring, #3 Text of Proposed Order Proposed Order on Defendant's Motion for Intra District Transfer of Venue)(Theuerkauf, Robert) |
| Filing 27 ANSWER to #18 Amended Complaint - Second, COUNTERCLAIM against SOMERO ENTERPRISES, INC., filed by LIGCHINE INTERNATIONAL CORPORATION.(Theuerkauf, Robert) |
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Filing 26
ORDER - This matter is before the Court on the parties' Joint Motion for Extensions [Dkt. #24 ], in which the parties seek to extend certain deadlines in order to continue their settlement discussions and participate in private mediation. The Court, being duly advised, GRANTS IN PART and DENIES IN PART the motion. The time for Defendant to respond to the Complaint is enlarged to and including December 18, 2020. The deadline for filing a case management plan will be established by separate order. Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2020. (SWM)
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Filing 25
SCHEDULING ORDER: Initial Pretrial Conference set for 1/8/2021 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the court via email. The parties shall file a proposed Case Management Plan ("CMP") on or before January 6, 2020. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional details). Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2020.(SWM)
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| Filing 24 Joint MOTION for Extension of Time to December 18, 2020 for Defendant to respond to Plaintiff's Second Amended Complaint and to January 18, 2021, for parties to file proposed CMP, filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Text of Proposed Order)(Larsen, Joshua) |
| Filing 23 NOTICE of Appearance by Robert John Theuerkauf on behalf of Defendant LIGCHINE INTERNATIONAL CORPORATION. (Theuerkauf, Robert) |
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Filing 22
ORDER granting Parties' Joint #21 Motion for Extension of Time to File Response to Plaintiff's Second Amended Complaint to 11/16/2020. In addition, on or before November 6, 2020, Robert J. Theuerkauf (on whose behalf the motion was filed) shall enter his appearance in this matter on behalf of Defendant. Email copy of Order to Robert J. Theuerkauf sent by CRD. Signed by Magistrate Judge Mark J. Dinsmore on 10/30/2020. (MAC)
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| Filing 21 Joint MOTION for Extension of Time to November 16, 2020 for Defendant to respond to Plaintiff's Second Amended Complaint [Filing No. 18], filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Text of Proposed Order)(Larsen, Joshua) |
| Filing 20 NOTICE of Second Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Second Amended Complaint filed 10/02/2020) (JDH) |
| Filing 19 NOTICE of Parties' First Extension of Time, filed by Plaintiff SOMERO ENTERPRISES, INC.. (Taggart, Leigh) |
| Filing 18 AMENDED COMPLAINT (Second) for Patent Infringement against LIGCHINE INTERNATIONAL CORPORATION, filed by SOMERO ENTERPRISES, INC.. (Attachments: #1 Exhibit A - US 8,038,366, #2 Exhibit B - July 30, 2020 Cease and Desist Letter to D. Ring)(Taggart, Leigh) |
| Filing 17 STIPULATION (Joint), filed by Plaintiff SOMERO ENTERPRISES, INC.. (Taggart, Leigh) |
| Filing 16 NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Amended complaint filed 09/17/2020, #2 Exhibit A - U.S. Patent No. 8,038,366, #3 Exhibit B - 2020-07-30 Cease and Desist Letter) (JDH) |
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Filing 15
ORDER granting #7 Motion to Appear pro hac vice. Attorney Sarah E. Waidelich for SOMERO ENTERPRISES, INC. added. If not already registered with the Court's Electronic Filing System, Sarah E. Waidelich is ordered to register within ten (10) days of the entry of this order. Copy to Sarah E. Waidelich via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/17/2020. (SWM)
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Filing 14
ORDER granting #6 Motion to Appear pro hac vice. Attorney Leigh C. Taggart for SOMERO ENTERPRISES, INC. added. If not already registered with the Court's Electronic Filing System, Leigh C. Taggart is ordered to register within ten (10) days of the entry of this order. Copy to Leigh C. Taggart via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/17/2020. (SWM)
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| Filing 13 AMENDED COMPLAINT for Patent Infringement and Demand for Jury Trial against LIGCHINE INTERNATIONAL CORPORATION, filed by SOMERO ENTERPRISES, INC.. (Attachments: #1 Exhibit A - U.S. Patent No. 8,038,366, #2 Exhibit B - 2020-07-30 Cease and Desist Letter)(Larsen, Joshua) |
| Filing 12 NOTICE of Reassignment of Case to Judge Jane Magnus-Stinson. Judge James R. Sweeney II is no longer assigned to this case. Please include the new case number, 1:20-cv-02356-JMS-MJD, on all future filings in this matter. (REO) |
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Filing 11
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James R. Sweeney II on 9/16/2020. (BRR)
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| Filing 10 RETURN of Service, filed by SOMERO ENTERPRISES, INC.. LIGCHINE INTERNATIONAL CORPORATION served on 9/14/2020. (Larsen, Joshua) |
| Filing 9 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 complaint) (JDC) |
| Filing 8 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (JDC) |
| Filing 7 MOTION for Attorney(s) Sarah E. Waidelich to Appear pro hac vice (Filing fee $100, receipt number 0756-6175942), filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Exhibit A - Certification of Sarah E. Waidelich, #2 Text of Proposed Order)(Larsen, Joshua) |
| Filing 6 MOTION for Attorney(s) Leigh C. Taggart to Appear pro hac vice (Filing fee $100, receipt number 0756-6175926), filed by Plaintiff SOMERO ENTERPRISES, INC.. (Attachments: #1 Exhibit A - Certification of Leigh C. Taggart, #2 Text of Proposed Order)(Larsen, Joshua) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 4 Summons Issued as to LIGCHINE INTERNATIONAL CORPORATION. (DJH) |
| Filing 3 Corporate Disclosure Statement by SOMERO ENTERPRISES, INC.. (Larsen, Joshua) |
| Filing 2 NOTICE of Appearance by Joshua P. Larsen on behalf of Plaintiff SOMERO ENTERPRISES, INC.. (Larsen, Joshua) |
| Filing 1 COMPLAINT for Patent Infringement and Demand for Jury Trial against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-6173667) (Attachments: #1 Exhibit A - U.S. Patent No. 8,038,366, #2 Exhibit B - 2020-07-30 Cease and Desist Letter, #3 Civil Cover Sheet, #4 Proposed Summons)(Larsen, Joshua) |
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