MMT INC v. HYDRO INTERNATIONAL INC, et al
Plaintiff: MMT INC doing business as STORMTREE
Defendant: HIL TECHNOLOGY, HYDRO INTERNATIONAL PLC and HYDRO INTERNATIONAL INC
Case Number: 2:2021cv00079
Filed: March 23, 2021
Court: US District Court for the District of Maine
Office: Portland Office
Presiding Judge: JON D LEVY
Referring Judge: JOHN C NIVISON
Nature of Suit: Patent
Cause of Action: 35:145
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2021 Opinion or Order Filing 26 ORDER terminating #24 Order to Show Cause By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
April 15, 2021 Filing 25 CERTIFICATION for Admission Pro Hac Vice of Alan F. Feeney filed by TIMOTHY ZERILLO on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2478954.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (ZERILLO, TIMOTHY)
April 7, 2021 Opinion or Order Filing 24 ORDER TO SHOW CAUSE. Show Cause Response due by 4/16/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
March 30, 2021 Opinion or Order Filing 23 CASE MANAGEMENT ORDER Set Deadlines: stipulated proposed procedural order due by 6/28/2021. By JUDGE JON D. LEVY. (aks)
March 30, 2021 Filing 22 Minute Entry for proceedings held via ZOOM Video Conference before JUDGE JON D. LEVY: Conference of Counsel held. Order to follow. (Court Reporter: Lori Dunbar) (aks) Modified on 3/30/2021 to add Zoom information (aks).
March 26, 2021 Filing 21 NOTICE of Appearance by EVIANA ENGLERT on behalf of All Defendants (ENGLERT, EVIANA)
March 26, 2021 Filing 20 NOTICE of Hearing: Conference of Counsel set for 3/30/2021 11:00 AM via ZOOM Video Conference before JUDGE JON D. LEVY. (aks)
March 25, 2021 Set Deadlines : Pro Hac Vice Certificate of Attorney ALAN F. FEENEY due by 3/31/2021. The Certification for Admission Pro Hac Vice form can be downloaded from our website at #http://www.med.uscourts.gov/forms. (aks)
March 24, 2021 Filing 19 Case transferred in from District of Rhode Island; Case Number 1:21-cv-00027.
March 23, 2021 Opinion or Order Filing 18 ORDER granting #9 Motion to Dismiss and transferring this case to the United States District Court for the District of Maine- So Ordered by Chief Judge John J. McConnell, Jr. on 3/23/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
March 10, 2021 Opinion or Order TEXT ORDER granting #17 Motion for Leave to File Sur-reply - So Ordered by Chief Judge John J. McConnell, Jr. on 3/10/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
March 9, 2021 Filing 17 MOTION for Leave to File Document Sur Reply filed by MMT, Inc.. Responses due by 3/23/2021. (Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.]
March 8, 2021 Filing 16 SUR-REPLY to Reply to Motion Response re #14 Reply to Response filed by MMT, Inc.. (Feeney, Alan) (Additional attachment(s) added on 3/9/2021: #1 Exhibit) (Barletta, Barbara). [Transferred from Rhode Island on 3/24/2021.]
March 1, 2021 Filing 15 REPLY to Response re #10 Response to Motion, filed by MMT, Inc.. (Attachments: #1 Affidavit Inventor's Response to Fink Declaration, #2 Exhibit Defendants' Patent, #3 Exhibit Nonfinal Office Action for the '392 Patent, #4 Exhibit Notice of Allowance for '392 Patent, #5 Exhibit Final Office Action for '392 Patent, #6 Exhibit Screen Capture of Filewrapper for '392 Patent, #7 Exhibit Inurl Google Search for Tree Box Filters Article Cited by Defendants, #8 Exhibit USPTO TESS Record for STORMTREE Trademark, #9 Exhibit USPTO TESS Record for STORMSCAPE Trademark, #10 Exhibit State of Rhode Island Corporate Record for MMT, Inc., #11 Exhibit USPTO TESS Record for BIOINFILTRATOR Trademark, #12 Exhibit U Pennsylvania Law Review Article Discussing Consumer Surveys in Trademark Infringement Lawsuits, #13 Exhibit Biography for Examiner Upton, #14 Exhibit April 2 2018 Office Action issued against Hydro Patent)(Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.]
March 1, 2021 Filing 14 REPLY to Response re #11 Response to Motion,,,, filed by All Defendants. (Attachments: #1 Supplemental Declaration of Mongeau, #2 Exhibit A to Mongeau Decl., #3 Exhibit B to Mongeau Decl.)(Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.]
February 26, 2021 Opinion or Order TEXT ORDER granting #13 Motion for Extension of Time to File Reply to #9 MOTION to Dismiss for Improper Venue and Lack of Personal Jurisdiction ; Reset Deadlines: Reply due by 3/1/2021.- So Ordered by Chief Judge John J. McConnell, Jr. on 2/26/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
February 25, 2021 Filing 13 Consent MOTION for an Extension of Time to File Response/Reply as to #11 Response to Motion,,,, filed by All Defendants. Responses due by 3/11/2021. (Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.]
February 22, 2021 Opinion or Order TEXT ORDER granting #12 Motion for Extension of Time to file reply in support of #2 MOTION for Temporary Restraining Order; Reset Deadlines: ( Reply due by 3/1/2021.)- So Ordered by Chief Judge John J. McConnell, Jr. on 2/22/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
February 19, 2021 Filing 12 First MOTION for an Extension of Time assented to extension of time to respond to opposition to preliminary injunction filed by MMT, Inc.. Responses due by 3/5/2021. (Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.]
February 19, 2021 Filing 11 First RESPONSE In Opposition to #9 MOTION to Dismiss for Improper Venue and Lack of Personal Jurisdiction filed by MMT, Inc.. Replies due by 2/26/2021. (Attachments: #1 Affidavit Affidavit of Inventor Iorio, #2 Exhibit A - Joint Marketing Sales... Agreement, #3 Exhibit B1 - UK House of Corporations Record, #4 Exhibit B2 - UK House of Corporations Record, #5 Exhibit B3 - UK House of Corporations Record, #6 Exhibit C1 - Delaware Corporate Records, #7 Exhibit C2 - Delaware Corporate Records, #8 Exhibit C3 - Delaware Corporate Records, #9 Exhibit C4 - Delaware Corporate Records, #10 Exhibit C5 - Delaware Corporate Records, #11 Exhibit C6 - Delaware Corporate Records, #12 Exhibit D1 - State of Delaware Annual Franchise Tax Report, #13 Exhibit D2 - State of Delaware Annual Franchise Tax Report, #14 Exhibit D3 - State of Delaware Annual Franchise Tax Report, #15 Exhibit E - State of Maine Articles of Incorporation for HIL Technology, #16 Exhibit F - State of Indiana Corporate Record for HIL Technology, #17 Exhibit G - Mongeau email to Iorio dated 12/20/2016)(Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.]
February 12, 2021 Filing 10 RESPONSE In Opposition to #2 MOTION for Temporary Restraining Order filed by All Defendants. Replies due by 2/19/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Fink Declaration, #4 Exhibit 1 Fink Decl., #5 Exhibit 2 Part 1 Fink Decl., #6 Exhibit 2 Part 2 Fink Decl., #7 Exhibit 2 Part 3 Fink Decl., #8 Exhibit 3 Fink Decl., #9 Mongeau Declaration)(Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.]
February 5, 2021 Filing 9 MOTION to Dismiss for Improper Venue and Lack of Personal Jurisdiction filed by All Defendants. Responses due by 2/19/2021. (Attachments: #1 Exhibit A - Mongeau Declaration)(Mitchell, Daniel) [Transferred from Rhode Island on 3/24/2021.]
February 1, 2021 Opinion or Order TEXT ORDER granting #8 Motion for Extension of Time to File Response to #2 MOTION for Temporary Restraining Order; Reset Deadlines: Response due by 2/12/2021.- So Ordered by Chief Judge John J. McConnell, Jr. on 2/1/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
January 29, 2021 Filing 8 MOTION for an Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order filed by All Defendants. Responses due by 2/12/2021. (Attachments: #1 Exhibit 1)(Oswald, James)[Transferred from Rhode Island on 3/24/2021.]
January 28, 2021 Opinion or Order TEXT ORDER: Defendants shall file a response to Plaintiff's #2 MOTION for Temporary Restraining Order filed by MMT, Inc. on or before 2/4/21- So Ordered by Chief Judge John J. McConnell, Jr. on 1/28/2021. (Barletta, Barbara) [Transferred from Rhode Island on 3/24/2021.]
January 25, 2021 Opinion or Order TEXT ORDER granting #7 Motion to Appear Pro Hac Vice of Edward J. Sackman. So Ordered by Chief Judge John J. McConnell, Jr. on 1/25/2021. (Hicks, Alyson) [Transferred from Rhode Island on 3/24/2021.]
January 25, 2021 Filing 7 MOTION for Edward J. Sackman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1587155 ) filed by All Defendants. (Oswald, James) [Transferred from Rhode Island on 3/24/2021.]
January 22, 2021 Opinion or Order TEXT ORDER granting #6 Motion to Appear Pro Hac Vice Daniel J. Mitchell filed by James R. Oswald. - So Ordered by Chief Judge John J. McConnell, Jr. on 1/22/2021. (McGuire, Vickie) [Transferred from Rhode Island on 3/24/2021.]
January 22, 2021 Filing 6 MOTION for Daniel J. Mitchell to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1586859 ) filed by All Defendants. (Oswald, James) [Transferred from Rhode Island on 3/24/2021.]
January 22, 2021 Filing 5 NOTICE of Appearance by James R. Oswald on behalf of All Defendants (Oswald, James) [Transferred from Rhode Island on 3/24/2021.]
January 15, 2021 Filing 4 AO FORM 120: REPORT on Filing or Determination of an Action Regarding a Patent or Trademark (Potter, Carrie) (Additional attachment(s) added on 1/21/2021: #1 Comp/Exhibits) (Potter, Carrie). [Transferred from Rhode Island on 3/24/2021.]
January 15, 2021 Filing 3 CASE OPENING NOTICE ISSUED (Potter, Carrie) [Transferred from Rhode Island on 3/24/2021.]
January 15, 2021 Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Potter, Carrie) [Transferred from Rhode Island on 3/24/2021.]
January 14, 2021 Filing 2 MOTION FOR TEMPORARY RESTRAINING ORDER and memorandum in support filed by MMT, Inc. (Feeney, Alan) Modified on 1/28/2021 to correct event (Barletta, Barbara). [Transferred from Rhode Island on 3/24/2021.]
January 14, 2021 Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1584724 ), filed by MMT, Inc.. (Attachments: #1 Exhibit Infringed '885 Patent, #2 Exhibit StormTree Wordmark Registration Certificate, #3 Exhibit StormTree Logo Trademark Registration Certificate, #4 Exhibit Nondisclosure Agreement, #5 Exhibit Hydro Sales Brochure, #6 Exhibit Infringed '392 Patent, #7 Exhibit Hydro Patent, #8 Civil Cover Sheet Civil Cover Sheet)(Feeney, Alan) [Transferred from Rhode Island on 3/24/2021.]

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 Maine District Court's Electronic Court Filings (ECF) System

Search for this case: MMT INC v. HYDRO INTERNATIONAL INC, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HIL TECHNOLOGY
Represented By: DANIEL J. MITCHELL
Represented By: JAMES R. OSWALD
Represented By: EDWARD J. SACKMAN
Represented By: EVIANA ENGLERT
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HYDRO INTERNATIONAL PLC
Represented By: DANIEL J. MITCHELL
Represented By: JAMES R. OSWALD
Represented By: EDWARD J. SACKMAN
Represented By: EVIANA ENGLERT
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HYDRO INTERNATIONAL INC
Represented By: DANIEL J. MITCHELL
Represented By: JAMES R. OSWALD
Represented By: EDWARD J. SACKMAN
Represented By: EVIANA ENGLERT
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: MMT INC doing business as STORMTREE
Represented By: ALAN F. FEENEY
Represented By: TIMOTHY ZERILLO
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?