Astute Imaging LLC v. Shoulder Innovations Inc et al
| Shoulder Innovation, Inc., Genesis Innovation Group, LLC, Genesis Software Innovation, LLC and Shoulder Innovations, Inc. |
| Astute Imaging, LLC |
| 1:2023cv01209 |
| November 15, 2023 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Jane M Beckering |
| Phillip J Green |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 39 CERTIFICATE OF SERVICE by defendants Genesis Software Innovation, LLC, Shoulder Innovations, Inc. re Amended Answer to Complaint #38 (Harvill, Allison) |
| Filing 38 AMENDED ANSWER to complaint #36 and Counterclaim filed by counter-claimants Genesis Software Innovation, LLC, Shoulder Innovations, Inc., defendants Genesis Software Innovation, LLC, Shoulder Innovations, Inc. (Biller, Anthony) |
Filing 37
ORDER striking answer #36 ; Defendants shall file a corrected answer no later than 7 days from the date of this Order; signed by District Judge Jane M. Beckering (rmw)
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| Copy of Order #37 sent via U.S. Mail to William Burnside, Abigail St. Hilair, and Nathaniel L. Taylor (mg) |
| Filing 36 (STRICKEN) ANSWER to Amended Complaint, #35 with affirmative defenses , COUNTERCLAIM against Astute Imaging, LLC by Genesis Software Innovation, LLC, Shoulder Innovation, Inc. (Biller, Anthony) Modified text 1/3/2024; stricken per #37 (mg). |
| Filing 35 FIRST AMENDED COMPLAINT for Willful Trademark Infringement, Unfair Competition, and Unfair Business Practices, and Demand for Jury Trial against Genesis Software Innovation, LLC, Shoulder Innovation, Inc. filed by Astute Imaging, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A - U.S. Trademark Registration No. 2,203,108, #3 Exhibit B - U.S. Trademark Application No. 97,643,213) (Turchyn, Matthew) Modified text on 12/19/2023 (slk). |
| ATTORNEY Syed M. Abedi ADMITTED to practice in the Western District of Michigan (mkc) |
| Filing 34 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Nathaniel L. Taylor; attorney admission deadline set for 1/11/2024; (mkc) |
| Filing 33 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Abigail St. Hilaire; attorney admission deadline set for 1/11/2024; (mkc) |
| Filing 32 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney William Burnside; attorney admission deadline set for 1/11/2024; (mkc) |
| Filing 31 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Hozaifa Y. Cassubhai; attorney admission deadline set for 1/11/2024; (mkc) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew John Turchyn on behalf of plaintiff Astute Imaging, LLC (Turchyn, Matthew) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Allison Joelle Harvill on behalf of defendants Genesis Innovation Group, LLC, Genesis Software Innovation, LLC, Shoulder Innovation, Inc. (Harvill, Allison) |
| Filing 30 ATTORNEY ADMISSION LETTER sent to attorney Nathaniel L. Taylor; attorney admission deadline set for 12/13/2023; (mg) |
| Filing 29 ATTORNEY ADMISSION LETTER sent to attorney Abigail St. Hilaire; attorney admission deadline set for 12/13/2023; (mg) |
| Filing 28 ATTORNEY ADMISSION LETTER sent to attorney William Burnside; attorney admission deadline set for 12/13/2023; (mg) |
| Filing 27 ATTORNEY ADMISSION LETTER sent to attorney Syed M. Abedi; attorney admission deadline set for 12/13/2023; (mg) |
| Filing 26 ATTORNEY ADMISSION LETTER sent to attorney Hozaifa Y. Cassubhai; attorney admission deadline set for 12/13/2023; (mg) |
| Filing 25 REPORT from the Clerk, WDMI, to the Director of the U.S. Patent and Trademark Office on the filing of a TRADEMARK ACTION (Attachments: #1 Attachment Complaint) (mg) |
| Filing 24 NOTICE of receipt of case (mg) |
| Filing 23 CASE TRANSFERRED IN from Washington Western, their case number 2:23-cv-01097; the documents listed above were electronically transferred to the Western District of Michigan (mg) |
| Copy of Receipt of Case Notice #24 sent via U.S. Mail to Abigail St. Hilaire, Hozaifa Y Cassubhai, Nathaniel L. Taylor, Syed M Abedi, and William Burnside (mg) |
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Filing 22
ORDER granting Parties' #21 Stipulated MOTION. The Clerk shall transfer this matter to the Southern Division of the Western District of Michigan. Plaintiff is GRANTED leave to amend the complaint and shall file an amended complaint, if any, no later than 11/27/2023. Defendants shall respond and/or answer the operative complaint no later than 12/18/2023. Defendants' motion to dismiss (Dkt. #16 ) is DENIED as moot. Signed by Judge Marsha J. Pechman. (KRA) [Transferred from Washington Western on 11/15/2023.]
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| Case transferred to the District of Western District of Michigan by electronic case transfer on 11/14/2023. (KRA) [Transferred from Washington Western on 11/15/2023.] |
| Filing 21 Stipulated MOTION and Proposed Order Transferring Matter to the Western District of Michigan and Denying Defendants' Motion to Dismiss as Moot, filed by Plaintiff Astute Imaging LLC. Noting Date 11/13/2023, (Cassubhai, Hozaifa) [Transferred from Washington Western on 11/15/2023.] |
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Filing 20
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 12/6/2023, FRCP 26(f) Conference Deadline is 11/22/2023, Initial Disclosure Deadline is 11/29/2023. Signed by Judge Marsha J. Pechman. (GC) [Transferred from Washington Western on 11/15/2023.]
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| Filing 19 DECLARATION of Nathan Estruth filed by All Defendants re #16 MOTION to Dismiss for Lack of Personal Jurisdiction (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 18 DECLARATION of R. Sean Churchill filed by All Defendants re #16 MOTION to Dismiss for Lack of Personal Jurisdiction (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 17 DECLARATION of Robert Ball filed by All Defendants re #16 MOTION to Dismiss for Lack of Personal Jurisdiction (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 16 MOTION to Dismiss for Lack of Personal Jurisdiction, filed by All Defendants. (Attachments: #1 Proposed Order) Noting Date 11/17/2023, (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
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Filing 15
ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anthony J Biller for Defendants Genesis Innovation Group LLC, Genesis Software Innovation LLC, and Shoulder Innovations Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 11/15/2023.]
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| Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Genesis Investment Holdings, LLC, Other Affiliate Cultivate (MD) Capital Fund II, LP for Genesis Software Innovation LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Genesis Software Innovation LLC. (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Robert Ball, Other Affiliate Don Running, Other Affiliate Jeff Ondrla for Genesis Innovation Group LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Genesis Innovation Group LLC. (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Shoulder Innovations Inc. (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 11 NOTICE of Appearance by attorney Nathaniel L Taylor on behalf of Defendants Genesis Innovation Group LLC, Genesis Software Innovation LLC, Shoulder Innovations Inc. (Taylor, Nathaniel) [Transferred from Washington Western on 11/15/2023.] |
| Filing 10 APPLICATION OF ATTORNEY Anthony J. Biller FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Genesis Innovation Group LLC, Genesis Software Innovation LLC, Shoulder Innovations Inc (Fee Paid) Receipt No. AWAWDC-8187688 (St Hilaire, Abigail) [Transferred from Washington Western on 11/15/2023.] |
| Filing 9 NOTICE of Appearance by attorney Abigail Jane St Hilaire on behalf of Defendants Genesis Innovation Group LLC, Genesis Software Innovation LLC, Shoulder Innovations Inc. (St Hilaire, Abigail) [Transferred from Washington Western on 11/15/2023.] |
| Reset Deadlines: FRCP 26(f) Conference Deadline is 10/9/2023. (GC) [Transferred from Washington Western on 11/15/2023.] |
| Filing 8 WAIVER OF SERVICE of Summons upon defendant All Defendants (Abedi, Syed) [Transferred from Washington Western on 11/15/2023.] |
| Case Reassigned to Judge Marsha J. Pechman. Judge Jamal N Whitehead no longer assigned to the case. (DS) [Transferred from Washington Western on 11/15/2023.] |
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Filing 7
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT FRCP 26(f) Conference Deadline is 9/11/2023, Initial Disclosure Deadline is 9/25/2023, Joint Status Report due by 10/2/2023. Signed by Judge Jamal N Whitehead. (GC) [Transferred from Washington Western on 11/15/2023.]
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| Filing 6 NOTICE of Appearance by attorney William Burnside on behalf of Plaintiff Astute Imaging LLC. (Burnside, William) [Transferred from Washington Western on 11/15/2023.] |
| Filing 5 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Astute Imaging LLC. (Abedi, Syed) [Transferred from Washington Western on 11/15/2023.] |
| Filing 4 Summons(es) Electronically Issued as to defendant(s) Genesis Innovation Group LLC, Genesis Software Innovations LLC, Shoulder Innovations Inc. (Attachments: #1 Summons, #2 Summons) (MG) [Transferred from Washington Western on 11/15/2023.] |
| Filing 3 REPORT on the filing or determination of an action. Emailed to the US Patent Office (MG) [Transferred from Washington Western on 11/15/2023.] |
| Filing 2 Notice of Filing Deficiency ***Action Required*** Improper Signature - Secondary Attorney(s).See attached letter for more information and instructions. cc Attorney William R. Burnside (MG)[Transferred from Washington Western on 11/15/2023.] |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff(s) must file a Corporate Disclosure Statement by 7/28/2023. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (MG) [Transferred from Washington Western on 11/15/2023.] |
| Judge Jamal N Whitehead added. (MG) [Transferred from Washington Western on 11/15/2023.] |
| Filing 1 COMPLAINT for Trademark Infringement against All Defendants with JURY DEMAND (Receipt # BWAWDC-8095507) filed by Astute Imaging LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons Shoulder Innovations, #5 Summons Genesis Innovation Group, #6 Summons Genesis Software Innovation, #7 Report on Patents and Trademarks (AO Form 120))(Abedi, Syed) [Transferred from Washington Western on 11/15/2023.] |
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