Ford Motor Company et al v. Launch Tech Co. Ltd. et al
| Ford Global Technologies, LLC and Ford Motor Company |
| Launch Tech (USA), Inc. and Launch Tech Co. Ltd. |
| 2:2017cv12906 |
| September 1, 2017 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| Wayne |
| David R. Grand |
| Nancy G Edmunds |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Defendant |
Docket Report
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| Filing 123 Trademark Report Sent To Washington (SSch) |
Filing 122
STIPULATED ORDER DISMISSING CASE (see document #121 for stipulation) - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 121 NOTICE of Voluntary Dismissal by All Plaintiffs (Phillips, Gregory) |
| Filing 120 NOTICE OF HEARING on #17 MOTION for Preliminary Injunction . Motion Hearing set for 7/12/2018 @ 10:00 AM before District Judge Nancy G. Edmunds (**Please note new courtroom number 811) (LBar) |
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Filing 119
ORDER Regarding Procedures for #118 Preliminary Injunction Hearing Scheduled for July 12, 2018 @ 10:00 am - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 118 NOTICE OF HEARING on #17 MOTION for Preliminary Injunction. Motion Hearing re-set for 7/12/2018 @ 10:00 AM before District Judge Nancy G. Edmunds (LBar) |
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TEXT-ONLY ORDER Granting #116 Joint Motion to Seal Exhibits C and D to Ford's Reply in Support of Motion for Preliminary Injunction - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 117 SEALED EXHIBIT re #116 Joint MOTION to Seal Exhibits C and D to Ford's Reply in Support of Motion for Preliminary Injunction by All Plaintiffs. (Phillips, Gregory) |
| Filing 116 Joint MOTION to Seal Exhibits C and D to Ford's Reply in Support of Motion for Preliminary Injunction by All Plaintiffs. (Phillips, Gregory) |
| Filing 115 REPLY to Response re #17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A - Summary of Operating Income and Diagnostic Tool Sales from Launchs Annual Reports 2014-2017, #2 Exhibit B - Hearing Transcript re Motion to Strike, #3 Exhibit C - 500 Examples of Identically Duplicated Mnemonics in LC 0000051 - Version 46.80 - REDACTED, #4 Exhibit D - 100 Examples of Entries with Minor Alterations in Mnemonics and LC 0000051 - Version 46.80 - REDACTED) (Phillips, Gregory) |
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TEXT-ONLY ORDER granting #114 Motion for Leave to File Excess Pages - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 114 Joint MOTION for Leave to File Excess Pages by All Plaintiffs. (Phillips, Gregory) |
| Filing 113 SEALED Declaration of Yanqing Xiong and Confidential Exhibit re #104 Response to Motion,, by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit A - filed under seal) (Jamberdino, Kristin) |
| Filing 112 SEALED Declaration of Dan Smith and Confidential Exhibits re #104 Response to Motion,, by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit B - filed under seal, #2 Exhibit E - filed under seal, #3 Exhibit F - filed under seal, #4 Exhibit G - filed under seal, #5 Exhibit H - filed under seal, #6 Exhibit I - filed under seal, #7 Exhibit J - filed under seal, #8 Exhibit K - filed under seal) (Jamberdino, Kristin) |
| Filing 111 SEALED RESPONSE re #17 Motion for Preliminary Injunction,,,, by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit 1 - Filed Under Seal) (Jamberdino, Kristin) |
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TEXT-ONLY ORDER granting in part and denying in part #108 Motion for Leave to File Excess Pages (Brief in Support of Response to Motion for Preliminary Injunction May NOT be any Longer than 35 Pages) - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER Granting #109 Motion for Leave to FileUnder Seal - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY AMENDED ORDER Granting #108 Ex Parte MOTION for Leave to File Excess Pages - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 110 SEALED EXHIBIT 2 re #109 MOTION for Leave to File Under Seal (Agreed) by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 109 MOTION for Leave to File Under Seal (Agreed) by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit 1) (Jamberdino, Kristin) |
| Filing 108 Ex Parte MOTION for Leave to File Excess Pages by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 107 DECLARATION by James Jiang re #104 Response to Motion,, filed by Launch Tech Co. Ltd. (Jamberdino, Kristin) |
| Filing 106 DECLARATION by Yanqing Xiong re #104 Response to Motion,, filed by Launch Tech Co. Ltd. (Attachments: #1 Exhibit A) (Jamberdino, Kristin) |
| Filing 105 DECLARATION by Dan Smith re #104 Response to Motion,, filed by Launch Tech Co. Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Jamberdino, Kristin) |
| Filing 104 RESPONSE to #17 MOTION for Preliminary Injunction filed by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Index of Exhibits) (Jamberdino, Kristin) |
| Filing 103 DECLARATION by Kelly W. Cunningham re #101 Response to Motion for Preliminary Injunction filed by Launch Tech (USA), Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 to Declaration of Kelly W. Cunningham, #3 Exhibit 2 to Declaration of Kelly W. Cunningham, #4 Exhibit 3 to Declaration of Kelly W. Cunningham, #5 Exhibit 4 to Declaration of Kelly W. Cunningham, #6 Exhibit 5 to Declaration of Kelly W. Cunningham) (Cunningham, Kelly) |
| Filing 102 DECLARATION by Joe Li re #101 Response to Motion for Preliminary Injunction filed by Launch Tech (USA), Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 to Declaration of Joe Li) (Cunningham, Kelly) |
| Filing 101 RESPONSE to #17 MOTION for Preliminary Injunction filed by Launch Tech (USA), Inc.. (Cunningham, Kelly) |
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Filing 100
ORDER granting #84 Motion to seal. Signed by Magistrate Judge David R. Grand. (DPer)
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| Filing 98 TRANSCRIPT of Defendant's Motion To Strike and/or Disqualify Jared Cherry held on 04/23/2018. (Court Reporter/Transcriber: Leann S. Lizza) (Number of Pages: 24) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/15/2018. Redacted Transcript Deadline set for 5/25/2018. Release of Transcript Restriction set for 7/23/2018. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) |
| Minute Entry for proceedings before Magistrate Judge David R. Grand: Telephonic Motion Hearing held on 4/23/2018 re #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry filed by Launch Tech Co. Ltd. Disposition: Motion denied order to follow. (Court Reporter: Digitally Recorded) (EBut) |
| Filing 97 RENOTICE OF HEARING BY TELEPHONE on #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry, #69 SEALED MOTION to Strike Jared Cherry Declaration, or in the Alternative, to Disqualify Jared Cherry re Order on Motion for Leave to File by Launch Tech Co. Ltd... Motion Hearing set for 4/23/2018 10:00 AM before Magistrate Judge David R. Grand (EBut) |
| Filing 96 AMENDED ANSWER to Complaint #16 Amended Complaint,,,,, with Affirmative Defenses with Jury Demand by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Minute Entry for proceedings before Magistrate Judge David R. Grand: Settlement Conference held on 4/12/2018 Disposition: On April 12, 2018, the Court conducted a lengthy settlement conference. At the conclusion of that conference, all parties agreed to keep their immediate focus on settlement negotiations. Accordingly, the parties and their counsel shall continue their settlement negotiations in good faith. In the event the parties do not reach a resolution, Defendants shall have until April 27, 2018 to file a response to Ford's motion for preliminary injunction, and Ford shall have until May 3, 2018 to file a reply. No additional extensions of those dates will be granted. If this case has not resolved by Monday, April 23, 2018 at 10:00 a.m., the Court will hold a hearing on that date and time on Launch China's motion to strike (Doc. #71). Counsel may participate in that hearing by telephone if they so desire. (EBut) |
| Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing not held on 4/12/2018 re #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry filed by Launch Tech Co. Ltd. (EBut) |
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Filing 95
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #92 Joint MOTION to Seal #91 Declaration, #90 Declaration - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER GRANTING #92 Joint MOTION to Seal #91 Declaration, #90 Declaration filed by Ford Global Technologies, LLC, Ford Motor Company. Entered by Magistrate Judge David R. Grand. (EBut)
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| Filing 94 SEALED EXHIBIT A and B to Supplemental Declaration of Jared L Cherry re #92 Joint MOTION to Seal #91 Declaration, #90 Declaration , #91 Declaration, by All Plaintiffs. (Phillips, Gregory) |
| Filing 93 SEALED Unredacted Declaration of Kevin Brady re #92 Joint MOTION to Seal #91 Declaration, #90 Declaration by All Plaintiffs. (Phillips, Gregory) |
| Filing 92 Joint MOTION to Seal #91 Declaration, #90 Declaration by All Plaintiffs. (Phillips, Gregory) |
| Filing 91 DECLARATION by Jared L. Cherry re #17 MOTION for Preliminary Injunction filed by All Plaintiffs (Attachments: #1 Exhibit Exhibit A - Excerpt from LC000042 - Redacted, #2 Exhibit Exhibit B - Excerpt from LC000032 - Redacted) (Phillips, Gregory) |
| Filing 90 DECLARATION by Kevin Brady re #17 MOTION for Preliminary Injunction filed by All Plaintiffs (Phillips, Gregory) |
| Filing 89 REPLY to Response re #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry filed by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit 1 - Email) (Jamberdino, Kristin) |
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Filing 88
ORDER granting #86 Motion to remove exhibits D,F, and G from #78 Response. Signed by Magistrate Judge David R. Grand. (DPer)
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Filing 87
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #86 Joint MOTION for Order to Remove Dkt. Nos. 78-4, 78-6, and 78-7, #84 Joint MOTION to Seal Exhibits B-G to Ford's Opposition to Launch China's Motion to Strike - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 86 Joint MOTION for Order to Remove Dkt. Nos. 78-4, 78-6, and 78-7 by All Plaintiffs. (Cherry, Jared) |
| Filing 85 SEALED EXHIBIT re #84 Joint MOTION to Seal Exhibits B-G to Ford's Opposition to Launch China's Motion to Strike by All Plaintiffs. (Cherry, Jared) |
| Filing 84 Joint MOTION to Seal Exhibits B-G to Ford's Opposition to Launch China's Motion to Strike by All Plaintiffs. (Attachments: #1 Index of Exhibits A - Index of Exhibits, #2 Exhibit B - Redacted Exhibit - Screen Captures of Launch's Data Files Showing FF Data File Names, #3 Exhibit C - Redacted Exhibit - Excerpt from Screen Captures Showing XXXX Catchword, #4 Exhibit D - Blank Cover Page - Comparison of Ordering of Columns in Launch's FORD_02_XML File and Ford's CALID_VIDQID_REC Copyright Registration, #5 Exhibit E - Redacted Exhibit - Excerpts from Screen Captures Showing Search Results for Tick in Launchs TEXT_EN_TXT File, #6 Exhibit F - Blank Cover Page - Excerpts from Screen Captures Showing Programmer Comments Referring to IDS100 and IDS104, #7 Exhibit G - Blank Cover Page - Excerpts from Screen Captures Showing Identification of the terms TEST and DUMMY in Launchs Source Code) (Cherry, Jared) |
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Filing 83
AMENDED ORDER GRANTING DEFENDANTS EMERGENCY MOTION FOR ANEXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION FORPRELIMINARY INJUNCTION #62 AND GRANTING PLAINTIFFS MOTIONFOR AN EXTENSION UNTIL MARCH 28, 2018 TO RESPOND TODEFENDANTS MOTION TO STRIKE #71 . Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 82
ORDER GRANTING DEFENDANTS EMERGENCY MOTION FOR ANEXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION #62 AND GRANTING PLAINTIFFS MOTIONFOR AN EXTENSION UNTIL MARCH 28, 2018 TO RESPOND TODEFENDANTS MOTION TO STRIKE #71 . Signed by Magistrate Judge David R. Grand. (EBut)
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| Filing 81 NOTICE OF HEARING on #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry. Motion Hearing set for 4/12/2018 02:00 PM before Magistrate Judge David R. Grand (EBut) |
| Filing 80 NOTICE TO APPEAR: Settlement Conference set for 4/12/2018 09:30 AM before Magistrate Judge David R. Grand (EBut) |
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Filing 79
ORDER REFERRING OTHER MATTERS to Magistrate Judge Grand: Settlement Conference - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 78 RESPONSE to #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry, #69 SEALED MOTION to Strike Jared Cherry Declaration, or in the Alternative, to Disqualify Jared Cherry re Order on Motion for Leave to File by Launch Tech Co. Ltd.. filed by All Plaintiffs. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit B - Screen Captures of Launch's Data Files Showing FF Data File Names, #3 Exhibit C - Excerpt from Screen Captures Showing XXXX Catchword, #4 Exhibit D - Comparison of Ordering of Columns in Launch's FORD_02_XML File and Ford's CALID_VIDQID_REC Copyright Registration, #5 Exhibit E - Excerpts from Screen Captures Showing Search Results for Tick in Launchs TEXT_EN.TXT File, #6 Exhibit F - Excerpts from Screen Captures Showing Programmer Comments Referring to IDS100 and IDS104, #7 Exhibit G - Excerpts from Screen Captures Showing Identification of the terms TEST and DUMMY in Launchs Source Code) (Phillips, Gregory)[EXHIBITS D, F AND G REMOVED PER 04/09/18 ORDER][EXHIBITS B-G PLACED UNDER SEAL PURSUANT TO 04/25/18 ORDER] Modified on 4/9/2018 (DPer). |
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Filing 77
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #71 MOTION for Extension of Time to File Response to Motion to Strike/Disqualify, #59 MOTION to Strike #19 Declaration of Jared Cherry or, in the Alternative, to Disqualify Jared Cherry, #69 SEALED MOTION to Strike Jared Cherry Declaration, or in the Alternative, to Disqualify Jared Cherry, #62 MOTION for Extension of Time to File Response as to #17 MOTION for Preliminary Injunction, #59 MOTION to Strike #19 Declaration of Jared Cherry or, in the Alternative, to Disqualify Jared Cherry - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 76 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 75 AMENDED ANSWER to Complaint #16 Amended Complaint,,,,, with Affirmative Defenses by Launch Tech (USA), Inc.. (Cunningham, Kelly) |
| Filing 74 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Launch Tech (USA), Inc. (Cunningham, Kelly) |
| Filing 73 ANSWER to Amended Complaint by Launch Tech (USA), Inc.. (Cunningham, Kelly) |
| Filing 72 REPLY to Response re #62 MOTION for Extension of Time to File Response/Reply as to #17 MOTION for Preliminary Injunction filed by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit A - Email) (Jamberdino, Kristin) |
| Filing 71 MOTION for Extension of Time to File Response/Reply as to #66 Order on Motion to Expedite, #59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry by All Plaintiffs. (Attachments: #1 Exhibit A - Ford's Written Request for Extension of Time) (Cherry, Jared) |
| Filing 70 TRANSCRIPT of Motion for Expedited Discovery held on 03/15/2018. (Court Reporter/Transcriber: Marie Metcalf) (Number of Pages: 69) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 4/12/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/20/2018. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Metcalf, M) |
| Filing 69 SEALED MOTION to Strike Jared Cherry Declaration, or in the Alternative, to Disqualify Jared Cherry re Order on Motion for Leave to File by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit A - NDA) (Bacon, Laura) |
| Filing 68 RESPONSE to #62 MOTION for Extension of Time to File Response/Reply as to #17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A - Letter to counsel for Launch Defendants dated March 10, 2018 re Ford's Production of Documents, #2 Exhibit B - Email message from counsel for Launch China cancelling review of Ford's source code, #3 Exhibit C - Email message from counsel for Launch China declining to depose Kevin Brady on March 13, 2018, #4 Exhibit D - Letter to counsel for Launch Defendants noting Ford's agreement to produce information and documents in fifteen categories requested by the Launch Defendants) (Phillips, Gregory) |
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Filing 67
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 66
ORDER granting in part and denying in part #18 Motion to Expedite. Signed by Magistrate Judge David R. Grand. (EBut)
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| Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing held on 3/15/2018 re #18 MOTION to Expedite Discovery and for Order Compelling Production filed by Ford Global Technologies, LLC, Ford Motor Company Disposition: Motion granted in part and denied in part (Court Reporter: Digitally Recorded) (EBut) |
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Filing 65
STIPULATION AND ORDER re #16 Amended Complaint (Responsive Pleading due by 3/26/2018) - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER Granting #60 Motion for Leave to File Under Seal - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 64 REPLY to Response re #18 MOTION to Expedite Discovery and for Order Compelling Production filed by All Plaintiffs. (Phillips, Gregory) |
| Filing 63 DECLARATION by Kristin M. Jamberdino re #62 MOTION for Extension of Time to File Response/Reply as to #17 MOTION for Preliminary Injunction filed by Launch Tech Co. Ltd. (Jamberdino, Kristin) |
| Filing 62 MOTION for Extension of Time to File Response/Reply as to #17 MOTION for Preliminary Injunction by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 61 SEALED EXHIBIT 2 re #60 MOTION for Leave to File Under Seal by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 60 MOTION for Leave to File Under Seal by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit 1 - Redacted) (Jamberdino, Kristin) |
| Filing 59 MOTION to Strike #19 Declaration of Jared Cherry or, In the Alternative, to Disqualify Jared Cherry by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit A - Cover page only) (Jamberdino, Kristin) |
| Filing 58 DECLARATION by Kelly Cunninham filed by Launch Tech (USA), Inc. (Matthews, Thomas) |
| Filing 57 (3/9/2018 STRUCK) STIPULATION of Agreement for Extension of Time to Respond to Amended Complaint by Launch Tech Co. Ltd. (Bacon, Laura) Modified on 3/9/2018 (LBar). |
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TEXT-ONLY ORDER to Strike #57 Stipulation filed by Launch Tech Co. Ltd (Proposed Stipulation and Order to be properly submitted through utilities) - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 56 DECLARATION by Kristin M. Jamberdino re #55 Response to Motion for Expedited Discovery filed by Launch Tech Co. Ltd. (Jamberdino, Kristin) |
| Filing 55 RESPONSE to #18 MOTION to Expedite Discovery and for Order Compelling Production filed by Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 54 NOTICE OF HEARING on #18 MOTION to Expedite Discovery and for Order Compelling Production. Motion Hearing set for 3/15/2018 10:00 AM before Magistrate Judge David R. Grand (EBut) |
| Filing 53 NOTICE of Appearance by Laura Bacon on behalf of Launch Tech Co. Ltd.. (Bacon, Laura) |
| Filing 52 NOTICE of Appearance by Kristin M. Jamberdino on behalf of Launch Tech Co. Ltd.. (Jamberdino, Kristin) |
| Filing 51 NOTICE OF HEARING on #17 MOTION for Preliminary Injunction . Motion Hearing re-set for 5/9/2018 02:00 PM before District Judge Nancy G. Edmunds (LBar) |
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Filing 50
ORDER Denying #33 and #27 Motions to Dismiss; finding as moot #31 Emergency Motion to Stay - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Set/Reset Deadlines as to #18 MOTION to Expedite Discovery and for Order Compelling Production. Response due by 3/5/2018 and Reply due by 3/12/2018 (LBar) |
| Set/Reset Deadlines as to #17 MOTION for Preliminary Injunction . Response due by 3/30/2018 and Reply due by 4/13/2018 (LBar) |
| Filing 49 NOTICE of Appearance by Kelly W. Cunningham on behalf of Launch Tech (USA), Inc.. (LBar) |
| Filing 48 NOTICE of Appearance by Jared Cherry on behalf of All Plaintiffs. (Cherry, Jared) |
| Minute Entry for proceedings before District Judge Nancy G. Edmunds: Motion Hearing held on 2/15/2018 re #27 MOTION to Dismiss Amended Complaint and #33 MOTION to Dismiss. Disposition: Motion taken under advisement (Court Reporter: Suzanne Jacques) (LBar) |
| Filing 47 ATTORNEY APPEARANCE: Laura Bacon appearing on behalf of Launch Tech Co. Ltd. (Bacon, Laura) |
| Filing 46 ATTORNEY APPEARANCE: Kristin M. Jamberdino appearing on behalf of Launch Tech Co. Ltd. (Jamberdino, Kristin) |
| Filing 45 RESPONSE to #33 MOTION to Dismiss filed by Launch Tech (USA), Inc.. (Matthews, Thomas) |
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AMENDED TEXT-ONLY ORDER re #27 and #33 MOTIONS to Dismiss. AMENDING #40 Stipulation and Order. Re-set Motion Deadlines: (Reply(s) due by 1/29/2018) - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER Granting #44 Application for enlargement of 2 pages filed by Launch Tech Co. Ltd. - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 44 APPLICATION for Enlargement of Pages re Appendix by Launch Tech Co. Ltd.. (Kunze, Deanna) |
| Filing 43 DECLARATION by James Jiang re #41 Reply to Response to Motion, filed by Launch Tech Co. Ltd. (Kunze, Deanna) |
| Filing 42 APPENDIX re: #41 Reply to Response to Motion, filed by Launch Tech Co. Ltd.. by Launch Tech Co. Ltd. (Kunze, Deanna) |
| Filing 41 REPLY to Response re #27 MOTION to Dismiss Amended Complaint filed by Launch Tech Co. Ltd.. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Kunze, Deanna) |
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Filing 40
STIPULATION AND ORDER re #27 MOTION to Dismiss Amended Complaint, #33 MOTION to Dismiss. Set Motion Deadlines: (Reply(s) due by 2/1/2018) - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER to Strike 39 Stipulation filed by Launch Tech (USA), Inc. (Parties need to submit a proposed stipulation and order through utilities) - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 38 RESPONSE to #27 MOTION to Dismiss Amended Complaint, #33 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit A - Excerpts from Launch China's 2013 Annual Report, #2 Exhibit B - X-431 PRO on AutoZone Website, #3 Exhibit Exhibit C- X431.COM Website showing USA FORD Download) (Phillips, Gregory) |
| Filing 37 EXHIBIT CORRECTION: Jiang Declaration Exhibit 2 re #29 Declaration, by Launch Tech Co. Ltd. (Kunze, Deanna) |
| Filing 36 NOTICE OF HEARING on #27 MOTION to Dismiss Amended Complaint, and #33 MOTION to Dismiss. Motion Hearings set for 2/15/2018 @ 10:30 AM before District Judge Nancy G. Edmunds (LBar) |
| TEXT-ONLY NOTICE: Hearing on 1/17/18 at 10:00a.m. before Magistrate Judge Grand is Cancelled re #36 Notice of Hearing on Motion. (EBut) |
| Minute Entry for proceedings before District Judge Nancy G. Edmunds: Telephonic Status Conference held on 1/3/2018. (LBar) |
| Filing 35 RESPONSE to #31 Emergency MOTION to Stay re #22 Notice of Hearing on Motion, #23 Notice of Hearing on Motion, #18 MOTION to Expedite Discovery and for Order Compelling Production, #17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A - Launch 2013 Annual Report, #2 Exhibit B - Launch Tech USA X-431 on AutoZone.com, #3 Exhibit C - Order on Autel's First Motion to Dismiss, #4 Exhibit D - Order on Autel's Second Motion to Dismiss) (Phillips, Gregory) |
| Filing 34 NOTICE TO APPEAR: Status Conference set for 1/3/2018 02:30 PM before District Judge Nancy G. Edmunds (**PLAINTIFF'S COUNSEL GREGORY PHILLIPS TO SET UP CONFERENCE CALL) (LBar) |
| Filing 33 MOTION to Dismiss or in the Alternative to Transfer by Launch Tech (USA), Inc.. (Attachments: #1 Declaration of Eric Wang, #2 Declaration of Jeffrey Sheldon, #3 Declaration of Kelly Cunningham, #4 Proposed Order, #5 Request To Join) (Matthews, Thomas) Modified on 12/27/2017 (LBar). |
| Minute Entry for proceedings before Magistrate Judge David R. Grand: Telephonic Status Conference held on 12/22/2017.Disposition: On December 24, 2017, the Court held a telephonic conference with counsel to the parties to discuss Defendant Launch Tech Co., Ltd.'s ("Launch China") "Emergency Motion to Stay Briefing in Response to Plaintiffs' Motions for Preliminary Injunction and Expedited Discovery." Without commenting on that motion's merits, in light of the briefing deadlines supplied by this Court's Local Rules and the upcoming holidays, the Court hereby GRANTS Launch China's alternative request for an amended briefing schedule with respect to Plaintiffs' Motion for Expedited Discovery. Judge Edmunds has similarly approved the requested extension as to the briefing deadlines on the Motion for Preliminary Injunction. Accordingly, the following briefing deadlines will apply: a) Defendants Response to Motion for Expedited Discovery: Due January 8, 2018; b) Plaintiffs Reply in Support of Motion for Expedited Discovery: Due January 12, 2018; c) Defendants Response to Motion for Preliminary Injunction: Due January 19, 2018; d) Plaintiffs Reply in Support of Motion for Preliminary Injunction: Due February 2, 2018. (EBut) |
| Filing 32 DECLARATION by Deanna Kunze re #31 Emergency MOTION to Stay re #22 Notice of Hearing on Motion, #23 Notice of Hearing on Motion, #18 MOTION to Expedite Discovery and for Order Compelling Production, #17 MOTION for Preliminary Injunction filed by Launch Tech Co. Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Kunze, Deanna) |
| Filing 31 Emergency MOTION to Stay re #22 Notice of Hearing on Motion, #23 Notice of Hearing on Motion, #18 MOTION to Expedite Discovery and for Order Compelling Production, #17 MOTION for Preliminary Injunction by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Kunze, Deanna) |
| Filing 30 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Launch Tech Co. Ltd. (Kunze, Deanna) |
| Filing 29 DECLARATION by James Jiang re #27 MOTION to Dismiss Amended Complaint filed by Launch Tech Co. Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kunze, Deanna) Modified on 1/5/2018 (SSch). [Wrong document attached for exhibit 2. Will re-file the exhibit] |
| Filing 28 APPLICATION for Enlargement of Pages by Launch Tech Co. Ltd.. (Kunze, Deanna) |
| Filing 27 MOTION to Dismiss Amended Complaint by Launch Tech Co. Ltd.. (Attachments: #1 Exhibit A) (Kunze, Deanna) |
| Filing 26 ATTORNEY APPEARANCE: Thomas A. Matthews appearing on behalf of Launch Tech (USA), Inc. (Matthews, Thomas) |
| Filing 25 ATTORNEY APPEARANCE: Thomas A. Matthews appearing on behalf of All Defendants (Matthews, Thomas) [APPEARANCE FOR LAUNCH TECH CO. LTD ONLY] Modified on 12/21/2017 (DPer). |
| Filing 24 NOTICE of Appearance by Deanna R. Kunze on behalf of Launch Tech Co. Ltd.. (Kunze, Deanna) |
| Filing 23 NOTICE OF HEARING on #18 MOTION to Expedite Discovery and for Order Compelling Production. Motion Hearing set for 1/17/2018 10:00 AM before Magistrate Judge David R. Grand (EBut) |
| Filing 22 NOTICE OF HEARING on #17 MOTION for Preliminary Injunction . Motion Hearing set for 2/28/2018 @ 02:00 PM before District Judge Nancy G. Edmunds (LBar) |
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Filing 21
ORDER REFERRING MOTION to Magistrate Judge David R. Grand: #18 MOTION to Expedite Discovery and for Order Compelling Production - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 20 DECLARATION by Kevin Brady re #18 MOTION to Expedite Discovery and for Order Compelling Production, #17 MOTION for Preliminary Injunction filed by All Plaintiffs (Phillips, Gregory) |
| Filing 19 DECLARATION by Jared L. Cherry re #18 MOTION to Expedite Discovery and for Order Compelling Production, #17 MOTION for Preliminary Injunction filed by All Plaintiffs (Phillips, Gregory) |
| Filing 18 MOTION to Expedite Discovery and for Order Compelling Production by All Plaintiffs. (Phillips, Gregory) |
| Filing 17 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit A - Cease and desist letter signed by Launch on January 13, 2012, #2 Exhibit B - Registration Certificates for Trademark Registrations, #3 Exhibit C - Selected pages from Fords 2016 Annual Report, #4 Exhibit D - End User License Agreement governing use of IDS, #5 Exhibit E - Order receipts for IDS Software purchased by Launch, #6 Exhibit F - Letter to D. Kunze from J. Cherry, dated November 15, 2017, #7 Exhibit G - Certificate of Registration for copyrighted work titled CALID_VIDQID_REC, #8 Exhibit H - Certificate of Registration for copyrighted work titled MNEMONICS_ENG, #9 Exhibit I - Email Messages from I. Chen and J. Jiang, dated October 18-19, 2013, #10 Exhibit J - Screen Capture from YouTube, #11 Exhibit K - Purchase History for download of iDiag App from Apple iTunes Store, #12 Exhibit L - Launch X-431 Sell Sheet, #13 Exhibit M - Forbes List of The Worlds Most Valuable Brands, #14 Exhibit N - Comparison of Launch Screen Captures and MNEMONICS_ENG text) (Phillips, Gregory) |
| Filing 16 AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits A - Index of Exhibits, #2 Exhibit B - ETI Member Companies including Launch Tech, #3 Exhibit C - Launch Tech Active ETI Participants, #4 Exhibit D - Mr. Harlan Siegels LinkedIn Profile, #5 Exhibit E - Letter from Counsel for Launch USA dated August 22, 2017, #6 Exhibit F - WHOIS Information for x431.com, #7 Exhibit G - Launch China Trademark Registration Certificates, #8 Exhibit H - History purchases of Fords IDS Software by L aunch, #9 Exhibit I - Ford Trademark Registration Certificates, #10 Exhibit J - Cease and Desist Agreement Signed by Launch USA, #11 Exhibit K - Email Message re Launch Diagun Product from U.S. Customs, #12 Exhibit L - Copyright Registration Certificate for CALID_VIDQID_REC, #13 Exhibit M - Copyright Registration Certificate for MNEMONICS_ENG, #14 Exhibit N - Comparison of Launch Screen Captures and Mnemonics Text, #15 Exhibit O - Letter to Counsel for Launch China dated November 15, 2017, #16 Exhibit P - Email message from James Jiang, #17 Exhibit Q - Email message from Ieon Chen re PARSEALL.EXE, #18 Exhibit R - Document Describing PARSEALL.EXE, #19 Exhibit S - IDS Software EULA) (Phillips, Gregory) |
| Filing 15 NOTICE TO APPEAR: Scheduling Conference set for 1/3/2018 @ 02:30 PM before District Judge Nancy G. Edmunds (LBar) |
| Minute Entry for proceedings before Magistrate Judge Mona K. Majzoub: Settlement Conference held on 11/28/2017. Disposition: No settlement reached. (LHos) |
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TEXT-ONLY ORDER Amended Complaint to be filed on or before November 30, 2017. Responsive Pleading to be filed on or before 12/21/2017 (See Stipulation #14 ) - Signed by District Judge Nancy G. Edmunds. (LBar)
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| Filing 14 STIPULATION Regarding Amended Complaint and Deadline to Respond to Amended Complaint by Launch Tech Co. Ltd. (Bacon, Laura) |
| Filing 13 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 11/28/2017 at 09:30 AM before Magistrate Judge Mona K. Majzoub in Courtroom 642 (LHos) |
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Filing 12
ORDER REFERRING OTHER MATTERS to Magistrate Judge Mona K. Majzoub : Settlement Conference. Signed by District Judge Nancy G. Edmunds. (CBet)
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TEXT-ONLY ORDER re #11 granting Stipulation for extension of time until 11/21/17 for deft to plead. Signed by District Judge Nancy G. Edmunds. (CBet)
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| Filing 11 STIPULATION Re: Deadline to Respond to Complaint by Launch Tech Co. Ltd. (Hudson, Jeffrey) |
| Filing 10 ATTORNEY APPEARANCE: Jeffrey L. Hudson appearing on behalf of Launch Tech Co. Ltd. (Hudson, Jeffrey) |
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TEXT-ONLY ORDER re #9 granting Stipulation for extension of time for deft Launch Tech, USA to plead by 11/21/17. Signed by District Judge Nancy G. Edmunds. (CBet)
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| Filing 9 STIPULATION REGARDING ACCEPTANCE OF SERVICE ON BEHALF OF DEFENDANT LAUNCH TECH (USA), INC. AND STIPULATION REGARDING DEADLINE TO RESPOND TO COMPLAINT by All Plaintiffs (Phillips, Gregory) |
| Filing 8 CERTIFICATE of Service/Summons Returned Executed. Launch Tech Co. Ltd. served on 9/21/2017, answer due 10/12/2017. (Phillips, Gregory) |
| Filing 7 CERTIFICATE of Service/Summons Returned Executed. Launch Tech (USA), Inc. served on 9/20/2017, answer due 10/11/2017. (Phillips, Gregory) |
| Filing 6 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Motor Company (Phillips, Gregory) |
| Filing 5 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Global Technologies, LLC (Phillips, Gregory) |
| Filing 4 Trademark Report Sent To Washington (Phillips, Gregory) |
| Filing 3 SUMMONS Issued for *Launch Tech Co. Ltd.* (DWor) |
| Filing 2 SUMMONS Issued for *Launch Tech (USA), Inc.* (DWor) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DWor) |
| Filing 1 COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-6381447 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Out of Country. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A - Index of Exhibits, #2 Exhibit B - Trademark Certificates, #3 Exhibit C - WhoIs Record, #4 Exhibit D - List of ETI Member Companies, #5 Exhibit E - List of ETI Active Participants, #6 Exhibit F - Letter, #7 Exhibit G - Ford Purchase History Report, #8 Exhibit H - Trademark Certificates, #9 Exhibit I - Signed Letter Agreement, #10 Exhibit J - Email, #11 Exhibit K - Copyright Registration, #12 Exhibit L - Copyright Registration, #13 Exhibit M - Table of Comparisons, #14 Exhibit N - Email, #15 Exhibit O - Email, #16 Exhibit P - Document, #17 Exhibit Q - End User License Agreement) (Phillips, Gregory) |
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