Smart Wearable Technologies Inc. v. TomTom, Inc.
| Smart Wearable Technologies Inc. |
| TomTom, Inc. |
| Director of the U.S. Patent and Trademark Office |
| 1:2017cv11652 |
| September 1, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| XX US, Outside State |
| F Dennis Saylor |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2018. A more recent docket listing may be available from PACER.
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| Filing 58 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #57 Motion to Dismiss (Halley, Taylor) |
| Filing 57 Assented to MOTION to Dismiss with Prejudice by Smart Wearable Technologies Inc.. (Attachments: #1 Text of Proposed Order)(Gannon, Kevin) |
| Filing 56 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: granting #55 Motion to Stay; Status Conference held on 2/2/2018; ( Status Conference set for 8/9/2018 03:10 PM in Courtroom 2 before Judge F. Dennis Saylor IV.). (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Vowell, Gannon, Carson, Anderson, Swain) (Pezzarossi, Lisa) |
| Filing 55 Assented to MOTION to Stay Renewed Motion to Stay by TomTom, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Swain, Philip) |
| Filing 54 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #53 Motion for Leave to Appear Pro Hac Vice Added Michael E. Anderson, John P. Corrado. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) |
| Filing 53 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of John P. Corrado and Michael E. Anderson Filing fee: $ 200, receipt number 0101-6983113 by TomTom, Inc..(Swain, Philip) |
| Filing 52 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #51 Motion for Leave to Appear Pro Hac Vice Added Corby R. Vowell. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) |
| Filing 51 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Corby R. Vowell Filing fee: $ 100, receipt number 0101-6976932 by Smart Wearable Technologies Inc.. (Attachments: #1 Affidavit of Corby R. Vowell)(Gannon, Kevin) |
| Filing 50 ELECTRONIC NOTICE of Hearing. Status Conference set for 2/2/2018 03:10 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Pezzarossi, Lisa) |
| Filing 49 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. The motion of defendant TomTom Inc. for a stay pending the outcome of Inter Partes Review (Docket No. 37) is DENIED without prejudice to its renewal. The Patent Trial and Appeal Board (PTAB) has not yet determined whether to institute Inter Partes Review (IPR). It appears that the PTAB must decide whether to do so by February 2018, assuming no extension of time is granted. If it decides to institute IPR, defendant may renew its motion within 14 days of that decision. The clerk is directed to set a status conference with counsel after January 1, 2018 to review the status of the proceeding and discuss potential future steps. Counsel may participate by telephone upon notification to the clerk. (Pezzarossi, Lisa) |
| Filing 48 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #47 Motion for Leave to Appear Pro Hac Vice Added Charles C. Carson of Baker & Hostetler LLP. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pezzarossi, Lisa) |
| Filing 47 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Charles C. Carson Filing fee: $ 100, receipt number 0101-6851771 by TomTom, Inc..(Swain, Philip) |
| Filing 46 REPLY to Response to #36 MOTION to Stay filed by TomTom, Inc.. (Swain, Philip) |
| Filing 45 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #44 Assented to MOTION for Leave to File by TomTom, Inc.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pezzarossi, Lisa) |
| Filing 44 Assented to MOTION for Leave to File by TomTom, Inc.. (Attachments: #1 Exhibit Proposed Reply Brief in Support of Motion to Stay, #2 Text of Proposed Order Proposed Order Granting Motion to File Reply Brief)(Swain, Philip) |
| Filing 43 MEMORANDUM in Opposition re #36 MOTION to Stay filed by Smart Wearable Technologies Inc.. (Gannon, Kevin) |
| Filing 42 NOTICE of Appearance by Aaron S. Jacobs on behalf of Smart Wearable Technologies Inc. (Jacobs, Aaron) |
| Filing 41 NOTICE of Appearance by Kevin Gannon on behalf of Smart Wearable Technologies Inc. (Gannon, Kevin) |
| Filing 40 NOTICE of Appearance by Paul J. Hayes on behalf of Smart Wearable Technologies Inc. (Hayes, Paul) |
| Filing 39 Judge F. Dennis Saylor, IV: ORDER entered granting #38 Motion for Extension of Time. Plaintiff shall have until October 6, 2017 to file its Opposition to TomTom's Motion to Stay Proceedings Pending the Outcome of Inter Partes Review, and TomTom shall have until October 19, 2017 to file a motion for leave to file a Reply in Support of its Motion to Stay Proceedings Pending the Outcome of Inter Partes Review. (Pezzarossi, Lisa) |
| Filing 38 MOTION for Extension of Time to October 6, 2017 to Respond to Motion to Stay by TomTom, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion for Extension for Plaintiff's Opposition to Defendant's Motion to Stay)(Swain, Philip) |
| Filing 37 MEMORANDUM in Support re #36 MOTION to Stay filed by TomTom, Inc.. (Attachments: #1 Exhibit Exhibit A - '882 patent, #2 Exhibit Exhibit B - Carson 9-1-16 letter, #3 Exhibit Exhibit C - Anderson 3-27-17 email, #4 Exhibit Exhibit D - Anderson 4-18-17 email, #5 Exhibit IPR Petition 2017-01826)(Swain, Philip) |
| Filing 36 MOTION to Stay by TomTom, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendant TomTom Inc.'s Motion to Stay)(Swain, Philip) |
| Filing 35 NOTICE of Appearance by Philip C. Swain on behalf of TomTom, Inc. (Swain, Philip) |
| Filing 34 ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (DaSilva, Carolina) |
| Filing 33 Case transferred in from District of Virginia Western; Case Number 3:16-cv-00049. |
Filing 32
Order granting the motion to transfer venue and transferring case to District of Massachusetts. Signed by District Judge Glen E. Conrad on 08/31/2017. (ssm)
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| Filing 31 MEMORANDUM OPINION. Signed by District Judge Glen E. Conrad on 08/31/2017. (ssm) |
| Filing 30 REPLY to Response to Motion re #27 MOTION to Transfer Case for Improper Venue . filed by TomTom, Inc.. (Anderson, Michael) |
| Filing 29 Brief / Memorandum in Opposition re #27 MOTION to Transfer Case for Improper Venue . filed by Smart Wearable Technologies Inc.. (Obenshain, Mark) |
| Filing 28 Brief / Memorandum in Support re #27 MOTION to Transfer Case for Improper Venue . filed by TomTom, Inc.. (Attachments: #1 Exhibit A)(Anderson, Michael) |
| Filing 27 MOTION to Transfer Case for Improper Venue by TomTom, Inc.. (Anderson, Michael) |
| Filing 26 NOTICE by TomTom, Inc. of Filing of Inter Partes Review Petition with the United States Patent and Trademark Office (Anderson, Michael) |
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Filing 25
PROTECTIVE ORDER. Signed by District Judge Glen E. Conrad on 6/6/17. (jcj)
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| Filing 24 Joint MOTION for Protective Order by Smart Wearable Technologies Inc.. (Attachments: #1 Text of Proposed Order)(Obenshain, Mark) |
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Filing 23
SCHEDULING ORDER with summary of deadlines. Signed by District Judge Glen E. Conrad on 4/7/17. (jcj)
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| Filing 22 NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for 10/15-10/19/2018 09:30 AM in Charlottesville before District Judge Glen E. Conrad. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Scheduling Order to be submitted by counsel. (ssm) |
| Filing 21 Minute Entry for proceedings held before District Judge Glen E. Conrad: Court Hearing held on 2/10/2017. (Court Reporter Sonia Ferris.) (ssm) |
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Filing 20
ORDER deemed withdrawn #16 Motion for Judgment on the Pleadings. The arguments made in the motion may be renewed at the appropriate time. Signed by District Judge Glen E. Conrad on 2/8/17. (jcj)
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| Filing 19 NOTICE by TomTom, Inc. re #16 MOTION for Judgment on the Pleadings Defendant TomTom Inc.'s Notice of Withdrawal of Its Motion for Judgment on the Pleadings (Anderson, Michael) |
| Filing 18 Response re #16 MOTION for Judgment on the Pleadings . filed by Smart Wearable Technologies Inc.. (Attachments: #1 Declaration in Support by Richard A. Wojcio, Jr., #2 Exhibit A to Wojcio Declaration in Support, #3 Exhibit B to Wojcio Declaration in Support, #4 Exhibit C to Wojcio Declaration in Support)(Obenshain, Mark) |
| Filing 17 Brief / Memorandum in Support re #16 MOTION for Judgment on the Pleadings . filed by TomTom, Inc.. (Attachments: #1 Text of Proposed Order)(Anderson, Michael) |
| Filing 16 MOTION for Judgment on the Pleadings by TomTom, Inc.. (Anderson, Michael) |
| Filing 15 Scheduling Letter (ssm) |
| Filing 14 Magistrate Consent Notice to Parties. (hnw) |
| Filing 13 Positive Corporate Disclosure Statement by TomTom, Inc. (Anderson, Michael) |
| Filing 12 ANSWER to #1 Complaint, by TomTom, Inc..(Anderson, Michael) |
| Filing 11 SUMMONS Returned Executed by Smart Wearable Technologies Inc.. TomTom, Inc. served on 7/22/2016, answer due 8/12/2016.(hnw) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer re #1 Complaint, TomTom, Inc. answer due 9/19/2016.. Signed by District Judge Glen E. Conrad on 8/11/16. (hnw)
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| Filing 9 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Smart Wearable Technologies Inc.. (Attachments: #1 Text of Proposed Order)(Obenshain, Mark) |
| Filing 8 CERTIFICATE OF COMPLIANCE by Smart Wearable Technologies Inc. re #1 Complaint, #2 Summons Issued as to TomTom, Inc. (hnw) |
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Filing 7
ORDER granting #6 MOTION for Jonathan T. Suder, Corby R. Vowell and Richard A. Wojcio, Jr. to Appear Pro Hac Vice Attorney Jonathan T. Suder,Corby R. Vowell,Richard A. Wojcio, Jr for Smart Wearable Technologies Inc. added. Signed by District Judge Glen E. Conrad on 7/18/16. (hnw)
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| Filing 6 MOTION for Jonathan T. Suder, Corby R. Vowell, Richard A. Wojcio, Jr. to Appear Pro Hac Vice. by Smart Wearable Technologies Inc.. (Attachments: #1 Text of Proposed Order)(Obenshain, Mark) |
| Filing 5 Positive Corporate Disclosure Statement by Smart Wearable Technologies Inc. identifying Corporate Parent WILAN Technologies, Corporate Parent WILAN Inc. for Smart Wearable Technologies Inc.. (Obenshain, Mark) |
| Filing 4 Notice of Filing Deficiency - Lack of Corporate Disclosure Statement as to Smart Wearable Technologies Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are now directed to file the above statement with their first appearance, pleading, motion or response. We ask that you comply with this rule change in the future. The corporate disclosure statement form is available on our public website at www.vawd.uscourts.gov. The form is located under forms on this web page. This form should be electronically filed in this matter within three (3) days. (mab) |
| Filing 3 Report on the Filing or Determination of an Action Regarding a Patent or Trademark by the Clerk (mab) |
| Filing 2 Summons Issued as to TomTom, Inc..(jat) |
| Filing 1 COMPLAINT against TomTom, Inc. (Filing & Administrative fee $ 400; receipt number 0423-2490278), filed by Smart Wearable Technologies Inc.. 70 Day Notice due by 9/21/2016 90 Day Service due by 10/11/2016 (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 proposed summons)(mab) |
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