Dental Choice Holdings LLC. v. New Age Performance Inc.
| Dental Choice Holdings LLC. |
| New Age Performance Inc. |
| 3:2023cv00458 |
| September 5, 2023 |
| US District Court for the Western District of Kentucky |
| Regina S Edwards |
| David J Hale |
| Patent |
| 28 U.S.C. § 1338 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 26 MEMORANDUM OF HEARING for proceedings held before Judge David J. Hale. Evidentiary Hearing held on 10/10/2023. The Court took the motions under advisement and will set a litigation schedule by subsequent order. (Court Reporter: Dena Legg.) cc: counsel (DeW) |
| Filing 25 NOTICE of Filing Exhibit Descriptions by Dental Choice Holdings LLC re #21 Response to Motion (Cecil, Philip) |
| Filing 24 NOTICE of Filing Exhibit Listing by New Age Performance Inc. re #20 Response to Motion (Duncan, Kevin) |
| Filing 23 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction filed by Dental Choice Holdings LLC (Attachments: #1 Exhibit 1 - New Age's Patent Owner-Supplied Information, #2 Exhibit 2 - New Age Original Claims, #3 Exhibit 3 - New Age Amendment to Claims, #4 Index) (Cecil, Philip) |
| Filing 22 REPLY to Response to Motion re #15 MOTION to Quash Summons filed by New Age Performance Inc. (Attachments: #1 Proposed Order Revised Order) (Duncan, Kevin) |
| Filing 21 RESPONSE to Motion re #15 MOTION to Quash Summons filed by Dental Choice Holdings LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Cronkhite, R.J.) |
| Filing 20 RESPONSE to Motion re #8 MOTION for Preliminary Injunction filed by New Age Performance Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Duncan, Kevin) |
Filing 19
ORDER signed by Judge David J. Hale on 9/26/2023 re #15 MOTION to Quash Summons. Plaintiff Dental Choice Holdings LLC shall file its response to the motion to quash (Docket No. #15 ) on or before 9/29/2023. cc: Counsel (SMJ)
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Filing 18
ORDER for proceedings held before Magistrate Judge Regina S. Edwards: Telephonic Conference held on 9/21/2023. Defendant shall substantively respond to Plaintiff's #8 Motion for Preliminary Injunction by 9/27/2023. Plaintiff shall file any reply, including any argument regarding the service of process issue, by 10/2/2023. A hearing on Plaintiff's #8 Motion for Preliminary Injunction is scheduled for 10/10/2023 at 10:00 AM in Louisville Courtroom before Judge David J. Hale. (Court Reporter: Digitally Recorded.) cc: Counsel (DLW)
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Filing 17
TEXT ORDER Signed by Judge David J. Hale on 9/21/2023 granting #6 Motion for R.J. Cronkhite to Appear Pro Hac Vice; granting #7 Motion for Mark D. Schneider to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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| Filing 16 RESPONSE to Motion re #9 Emergency MOTION to Expedite Briefing ScheduleEmergency MOTION for Hearing re #8 MOTION for Preliminary Injunction filed by New Age Performance Inc. (Duncan, Kevin) |
| Filing 15 MOTION to Quash Summons by Defendant New Age Performance Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Duncan, Kevin) |
| Filing 14 CERTIFICATE OF SERVICE by Dental Choice Holdings LLC. re #1 Complaint, (Cecil, Philip) |
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Filing 13
TEXT ORDER by Magistrate Judge Regina S. Edwards on 9/20/2023. A Telephonic Conference is scheduled for 9/21/2023 at 10:00 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
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Filing 12
ORDER by Judge David J. Hale on 9/18/2023: This matter is hereby REFERRED to United States Magistrate Judge Regina S. Edwards for full pretrial/non-dispositive matters. cc: Counsel, RSE-CM (DLW)
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| Filing 11 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by New Age Performance Inc. (Duncan, Kevin) |
| Filing 10 NOTICE of Appearance by Kevin T. Duncan on behalf of New Age Performance Inc. (Duncan, Kevin) |
| Filing 9 Emergency MOTION to Expedite Briefing Schedule, Emergency MOTION for Hearing re #8 MOTION for Preliminary Injunction by Plaintiff Dental Choice Holdings LLC. (Attachments: #1 Proposed Order Exhibit 1 - Proposed Order, #2 Exhibit 2 - Proof of Service) (Cecil, Philip) |
| Filing 8 MOTION for Preliminary Injunction by Plaintiff Dental Choice Holdings LLC. (Attachments: #1 Proposed Order Exhibit 1 - Proposed Preliminary Injunction, #2 Exhibit 2 - New Age Claim Comparison Chart, #3 Exhibit 3 - 23.05.26 New Age Demand Letter, #4 Exhibit 4 - 23.06.20 DCH Response to Demand Letter, #5 Exhibit 5 - 23.06.26 New Age Reply Letter, #6 Exhibit 6 - 2023.09.12 Amazon Notice of Deactivation, #7 Exhibit 7 - Amazon Account Health Rating, #8 Exhibit 8 - 23.06.16 Demand Letter to Rogue Fitness, #9 Exhibit 9 - New Age Patent '903, #10 Exhibit 10 - New Patent '225, #11 Exhibit 11 - 23.06.08 Take-Down Notice re CLTD, #12 Exhibit 12 - 23.06.12 Take-Down Notice re 4K5J (Janine), #13 Exhibit 13 - 23.06.13 Take-Down Notice re 4K5J (T. Wright), #14 Exhibit 14 - 23.06.27 Amazon Acknowledgement of 4k5j Appeal, #15 Exhibit 15 - 23.07.01 Amazon Acknowledge Reinstating CLTD, #16 Exhibit 16 - Amazon Search Results for AIRWAAV, #17 Exhibit 17 - 23.08.21 Take-Down Notice re All 7 Accused Products, #18 Exhibit 18 - Affidavit of Bob Molhoek, #19 Exhibit 19 - Patent Cease and Desist - Mitchell Hooper, #20 Index of Exhibits) (Cecil, Philip) |
| Filing 7 MOTION for Mark D. Schneider to Appear Pro Hac Vice (Filing fee $150, receipt number AKYWDC-3883809) by Plaintiff Dental Choice Holdings LLC. (Attachments: #1 Affidavit, #2 Exhibit Michigan Certificate of Good Standing, #3 Proposed Order) (Cecil, Philip) |
| Filing 6 MOTION for R.J. Cronkhite to Appear Pro Hac Vice (Filing fee $150, receipt number AKYWDC-3883770) by Plaintiff Dental Choice Holdings LLC. (Attachments: #1 Affidavit, #2 Exhibit Illinois Certificate of Good Standing, #3 Exhibit Michigan Certificate of Good Standing, #4 Proposed Order) (Cecil, Philip) |
| Filing 5 Summons Issued as to New Age Performance Inc. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DeW) |
| Filing 3 NOTICE of Filing or Determination re: Patent or Trademark re #1 Complaint. (DeW) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (DeW) |
| Filing 4 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Delta Dental of Kentucky, Inc. for Dental Choice Holdings LLC. by Dental Choice Holdings LLC. (DeW) |
| Filing 1 COMPLAINT filed by Dental Choice Holdings LLC. against New Age Performance Inc. (Filing fee $402, receipt number AKYWDC-3876579.) (Attachments: #1 Exhibit 1 - 903 Patent, #2 Exhibit 2 - Demand letter, #3 Summons TENDERED, #4 Cover Sheet) (DeW) |
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