AptusTech LLC v. Trimfoot Co., LLC
Plaintiff: AptusTech LLC
Defendant: Trimfoot Co., LLC
Interested Party: Scott Woloson
Case Number: 4:2020cv00478
Filed: April 3, 2020
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Ronnie L White
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2020 Filing 66 Case transferred in from District of Texas Eastern; Case Number 4:19-cv-00133. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
April 3, 2020 Filing 65 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (baf, )
April 3, 2020 Case Opening Notification: Judge Assigned: U.S. District Judge Ronnie L. White. (BAK)
April 3, 2020 Interdistrict transfer to the EASTERN District of MISSOURI, EASTERN Division. (baf, )
March 12, 2020 Opinion or Order Filing 64 MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendant's Motion to Dismiss for Improper Venue (Dkt. #9 ) is hereby GRANTED in part. The Court finds that venue is improper in the Eastern District of Texas and this case is hereby transferred to the United States District Court for theEastern District of Missouri, Eastern Division. Signed by District Judge Amos L. Mazzant, III on 3/12/2020. (baf, )
March 5, 2020 Opinion or Order Filing 63 ORDER - GRANTING in part and DENYING in part #62 Agreed MOTION to Amend/Correct #23 Scheduling Order, Set Hearings, filed by AptusTech LLC. Discovery Deadline 7/1/2020. Dispositive Motions and any other motions that may require a hearing due by 4/17/2020. Signed by District Judge Amos L. Mazzant, III on 3/5/2020. (baf, )
March 4, 2020 Filing 62 Agreed MOTION to Amend/Correct #23 Scheduling Order,,, Set Hearings,, by AptusTech LLC. (Attachments: #1 Text of Proposed Order)(Williams, Steven)
March 2, 2020 Filing 61 RESPONSE to #60 Notice (Other), #9 Motion to Dismiss filed by AptusTech LLC. (Williams, Steven)
February 28, 2020 Filing 60 NOTICE by Trimfoot Co., LLC re #9 MOTION to Dismiss of Supplemental Authority in Support of Motion (Attachments: #1 Exhibit In re: Google LLC, No. 2019-126 (Fed.Cir. 2-13-2020))(Kahn, Michael)
February 19, 2020 Opinion or Order Filing 59 ORDER. The Court hereby ORDERS the parties to appropriately divide and pay $16,815.57 to the Law Office of Scott Woloson, P.C., 1431 Wirt Road #141, Houston, TX 77055 [Account No. 12.0001] within thirty (30) days from the entry of this Order. Signed by District Judge Amos L. Mazzant, III on 2/19/2020. (baf, )
February 18, 2020 Opinion or Order Filing 58 CLAIM CONSTRUCTION MEMORANDUM AND ORDER. The Court adopts the constructions set forth in this opinion for the disputed terms of the patents-in-suit. The parties are ordered that they may not refer, directly or indirectly, to each other's claim construction positions in the presence of the jury. Likewise, the parties are ordered to refrain from mentioning any portion of this opinion, other than the actual definitions adopted by the Court, in the presence of the jury. Any reference to claim construction proceedings is limited to informing the jury of the definitions adopted by the Court. Signed by District Judge Amos L. Mazzant, III on 2/18/2020. (baf, )
February 13, 2020 Filing 57 PAPER TRANSCRIPT REQUEST by AptusTech LLC for proceedings held on 2-07-20 Markman Hearing before Judge A. Mazzant. (Williams, Steven) (Forwarded to court reporter, Kelli Ann Willis, on 2/14/2020) (slo)
February 7, 2020 Filing 56 Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Markman Hearing held on 2/7/2020 at 9:05 a.m. Winston Huff and Steven Williams appeared on behalf of Plaintiff. Reid Bumgarner and Michael Kahn appeared on behalf of Defendant. Court adjourned at 11:58 a.m. (Court Reporter, Kelli Ann Willis.) (kkc)
February 6, 2020 Filing 55 Amended Joint Claim Construction Chart by Trimfoot Co., LLC. (Bumgarner, J)
January 14, 2020 Filing 54 NOTICE by AptusTech LLC re #44 Order Compliance by Submitting Claim Construction Materials #52 #53 to Technical Advisor Scott Woloson (Williams, Steven)
January 13, 2020 Filing 53 Joint Claim Construction Chart (P.R. 4-5(d)) by AptusTech LLC. (Huff, Winston)
January 10, 2020 Filing 52 REPLY to #39 Claim Construction Brief, filed by AptusTech LLC. (Williams, Steven)
January 7, 2020 Filing 51 NOTICE by Trimfoot Co., LLC OF COMPLIANCE WITH COURT ORDER (Bumgarner, J)
January 3, 2020 Filing 50 TRIMFOOT'S CLAIM CONSTRUCTION RESPONSE BRIEF to #39 Claim Construction Brief, filed by Trimfoot Co., LLC . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Bumgarner, J)
January 2, 2020 Opinion or Order Filing 49 ORDER - GRANTING #48 Motion for Extension of Time to File a Joint Claim Construction Chart. Signed by District Judge Amos L. Mazzant, III on 1/2/2020. (baf, )
December 31, 2019 Filing 48 Unopposed MOTION for Extension of Time to File Parties' Joint Claim Construction Chart under P.R. 4-5(d) by Trimfoot Co., LLC. (Attachments: #1 Text of Proposed Order)(Bumgarner, J) (Attachment 1 replaced on 12/31/2019) (baf, ).
December 20, 2019 Filing 47 NOTICE by AptusTech LLC re #44 Order of Its Compliance by Providing Technical Advisor with Claim Construction Materials (Williams, Steven)
December 20, 2019 Opinion or Order Filing 46 ORDER - GRANTING #45 Motion to Extend Deadline to Comply with the Court's Scheduling Order. Signed by District Judge Amos L. Mazzant, III on 12/20/2019. (baf, )
December 18, 2019 Filing 45 Agreed MOTION to Amend/Correct #23 Scheduling Order,,, Set Hearings,, Extending Deadlines to File Response and Reply Claim Construction Briefs by AptusTech LLC. (Attachments: #1 Text of Proposed Order)(Huff, Winston)
December 16, 2019 Opinion or Order Filing 44 ORDER APPOINTING TECHNICAL ADVISOR. The Court hereby appoints Scott Woloson to serve as the Technical Advisor for the Courtin this case. Signed by District Judge Amos L. Mazzant, III on 12/16/2019. (baf, )
December 16, 2019 Filing 43 NOTICE by AptusTech LLC re #42 Notice (Other), #23 Scheduling Order,,, Set Hearings,, Notice of Deficiency AptusTech's Technology Tutorial (Attachments: #1 Supplement Technology Tutorial)(Huff, Winston)
December 16, 2019 NOTICE of Deficiency regarding the NOTICE submitted DOCUMENT #42 - DOCUMENT IS NOT IN PLEADING FORM AND NOT SIGNED BY AN ATTORNEY OF RECORD. Correction should be made by ONE BUSINESS DAY (baf, )
December 13, 2019 Filing 42 DEFICIENT DOCUMENT - PLEASE DISREGARD***NOTICE by AptusTech LLC re #23 Scheduling Order,,, Set Hearings,, of Its Technology Tutorial (Williams, Steven) Modified on 12/16/2019 (baf, ).
December 13, 2019 Filing 41 NOTICE by Trimfoot Co., LLC of Defendant's Submission of Technology Synopsis (Bumgarner, J)
December 13, 2019 Opinion or Order Filing 40 ORDER. Claim Construction Hearing RESET for 2/7/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 12/13/2019. (rpc, )
December 6, 2019 Filing 39 CLAIM CONSTRUCTION BRIEF filed by AptusTech LLC. (Attachments: #1 Affidavit Huff Declaration, #2 Exhibit A 1 of 3 (Huff Declaration (284 Pat_File Hist)), #3 Exhibit A 2 of 3 (Huff Declaration (284 Pat_File Hist)), #4 Exhibit A 3 of 3 (Huff Declaration (284 Pat_File Hist)), #5 Exhibit B (Huff Declaration (Definitions)))(Williams, Steven)
November 20, 2019 Filing 38 Claim Construction and Prehearing Statement by AptusTech LLC. and Trimfoot (Attachments: #1 Exhibit A Chart ('284 Patent))(Huff, Winston)
November 13, 2019 Filing 37 NOTICE of Discovery Disclosure by Trimfoot Co., LLC re Compliance with P.R. 4-2 (Bumgarner, J)
November 12, 2019 Filing 36 NOTICE of Discovery Disclosure by AptusTech LLC of Its P.R. 4-2 Disclosure of Proposed Claim Construction and Extrinsic Evidence (Huff, Winston)
October 22, 2019 Filing 35 NOTICE of Discovery Disclosure by AptusTech LLC of Its P.R. 4-1 Disclosures to Trimfoot (Huff, Winston)
October 22, 2019 Filing 34 NOTICE by Trimfoot Co., LLC Re Disclosure of Proposed Terms for Construction under P.R. 4-1 (Bumgarner, J)
October 18, 2019 Filing 33 NOTICE by Trimfoot Co., LLC re #29 Order on Motion to Amend/Correct of No Privilege Disputes (Kahn, Michael)
October 18, 2019 Filing 32 NOTICE by AptusTech LLC re #29 Order on Motion to Amend/Correct AptusTech's Notice of No Privilege Disputes (Williams, Steven)
October 9, 2019 Filing 31 NOTICE of Discovery Disclosure by Trimfoot Co., LLC re Defendants Initial Invalidity Contentions and Document Production pursuant to Local Patent Rules 3-3 and 3-4 (Bumgarner, J)
October 9, 2019 Filing 30 NOTICE by Trimfoot Co., LLC of Disclosure of Trimfoot's Initial Disclosures under Fed. R. Civ. P 26(a)(1) (Bumgarner, J)
October 9, 2019 Opinion or Order Filing 29 ORDER - GRANTING #28 Motion to Extend Deadline to Comply with the Court's Scheduling Order. Signed by District Judge Amos L. Mazzant, III on 10/9/2019. (baf, )
October 8, 2019 Filing 28 Agreed MOTION to Amend/Correct #23 Scheduling Order,,, Set Hearings,, by AptusTech LLC. (Attachments: #1 Text of Proposed Order)(Williams, Steven)
September 30, 2019 Filing 27 NOTICE of Discovery Disclosure by AptusTech LLC of Its FRCP 26(a)(1) Disclosures (Williams, Steven)
September 16, 2019 Filing 26 NOTICE of Discovery Disclosure by AptusTech LLC of Its P.R. 3-1 Asserted Claims and P.R. 3-2 Supporting Documents (Williams, Steven)
September 12, 2019 Opinion or Order Filing 25 ORDER - GRANTING #24 Motion to Withdraw as Attorney. Attorney Lauren R. Cohen terminated. Signed by District Judge Amos L. Mazzant, III on 9/12/2019. (baf, )
September 11, 2019 Filing 24 Unopposed MOTION to Withdraw as Attorney by Lauren R. Cohen by Trimfoot Co., LLC. (Attachments: #1 Text of Proposed Order Order Granting Motion to Withdraw)(Kahn, Michael) (Attachment 1 replaced on 9/11/2019) (baf, ).
September 11, 2019 Opinion or Order Filing 23 SCHEDULING ORDER: Parties' final amended pleadings due by 11/22/2019. Discovery deadline 4/10/2020. Joinder of Parties due by 9/27/2019. Proposed Jury instructions and Form of Verdict due by 8/14/2020. Mediation Completion due by 4/30/2020. Dispositive motions and any other motions that may require a hearing due by 4/17/2020. Joint Final Pretrial Order due by 7/29/2020. Claim construction hearing set for 1/10/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Final Pretrial Conference set for 8/28/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/11/2019. (baf, )
September 6, 2019 Filing 22 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Withdraw as Attorney (Notice of Withdrawal as Counsel - Lauren R. Cohen) by Trimfoot Co., LLC. (Cohen, Lauren) Modified on 9/6/2019 (baf, ).
September 6, 2019 NOTICE of Deficiency regarding the MOTION TO WITHDRAW submitted DOCUMENT #22 - NO CERTIFICATE OF CONFERENCE, THE TITLE OF THE DOCUMENT SHOULD BE MOTION TO WITHDRAW, AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, )
August 19, 2019 In light of the Court's schedule, the August 23, 2019 Scheduling Conference is CANCELED. The Court will enter a Scheduling Order. (tls)
August 9, 2019 Filing 21 REPORT of Rule 26(f) Planning Meeting. (Huff, Winston) (Additional attachment(s) added on 8/13/2019: #1 Text of Proposed Order) (baf, ).
June 17, 2019 Filing 20 SUR-REPLY to Reply to Response to Motion re #9 MOTION to Dismiss (Plaintiff's Opposed Sur-Reply) filed by AptusTech LLC. (Huff, Winston)
June 11, 2019 Opinion or Order Filing 19 ORDER - GRANTING #17 Agreed MOTION for Extension of Time to File Rule 26(f) joint report and to reschedule Initial Rule 16 Management Conference filed by Trimfoot Co., LLC. Initial Rule 16 Management Conference set for 8/23/2019 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 6/11/2019. (baf, )
June 10, 2019 Filing 18 REPLY to Response to Motion re #9 MOTION to Dismiss filed by Trimfoot Co., LLC . (Attachments: #1 Declaration of Michael A. Kahn, #2 Exhibit A to Kahn Decl. (Gorsuch Dep. Excerpts), #3 Exhibit B to Kahn Decl. (Edge Meadow website), #4 Exhibit C to Kahn Decl (Hospital Gift Shop webpage))(Kahn, Michael)
June 7, 2019 Filing 17 Agreed MOTION for Extension of Time to File Rule 26(f) joint report and to reschedule Initial Rule 16 Management Conference by Trimfoot Co., LLC. (Attachments: #1 Text of Proposed Order)(Kahn, Michael) (Attachment 1 replaced on 6/7/2019) (baf, ).
June 4, 2019 Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits. (tls)
June 3, 2019 Filing 16 RESPONSE in Opposition re #9 MOTION to Dismiss filed by AptusTech LLC. (Attachments: #1 Affidavit Huff Declaration, #2 Exhibit A Store Locator, #3 Exhibit B Gorsuch Rough Draft Depo Excerpt (5-20-19), #4 Exhibit C-1 Morgan, Abbigail 1505 Judson Rd Longview, TX, #5 Exhibit C-2 1105 Central Expy N Allen, TX Hospitals - MapQuest, #6 Exhibit D Gorsuch Rough Draft Depo Excerpt (5-20-19), #7 Exhibit E Gorsuch Rough Draft Depo Excerpt (5-20-19), #8 Text of Proposed Order)(Williams, Steven)
May 22, 2019 Opinion or Order Filing 15 ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 7/19/2019 at 2:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 6/20/2019. Signed by District Judge Amos L. Mazzant, III on 5/21/2019. (baf, )
May 15, 2019 Opinion or Order Filing 14 AGREED PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 5/15/2019. (baf, )
May 13, 2019 Filing 13 Agreed MOTION for Protective Order by AptusTech LLC. (Attachments: #1 Text of Proposed Order Protective Order)(Williams, Steven)
May 8, 2019 Opinion or Order Filing 12 ORDER - GRANTING #10 Motion for Extension of Time to File Response re #10 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss And to Take Limited Venue-Related Discovery. Responses due by 6/3/2019. Signed by District Judge Amos L. Mazzant, III on 5/8/2019. (baf, )
May 8, 2019 Filing 11 NOTICE of Readiness for Scheduling Conference by AptusTech LLC (Williams, Steven)
May 6, 2019 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss And to Take Limited Venue-Related Discovery by AptusTech LLC. (Attachments: #1 Text of Proposed Order)(Williams, Steven)
April 22, 2019 Filing 9 MOTION to Dismiss by Trimfoot Co., LLC. (Attachments: #1 Exhibit A -- Declaration of Gary Gorsuch, #2 Text of Proposed Order Proposed Order Dismissing Case)(Kahn, Michael) (Attachment 2 replaced on 4/22/2019) (baf, ).
March 22, 2019 Filing 8 NOTICE of Attorney Appearance - Pro Hac Vice by Lauren R. Cohen on behalf of Trimfoot Co., LLC. Filing fee $ 100, receipt number 0540-7192776. (Cohen, Lauren)
March 20, 2019 Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Michael A. Kahn on behalf of Trimfoot Co., LLC. Filing fee $ 100, receipt number 0540-7188133. (Kahn, Michael)
March 19, 2019 Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Trimfoot Co., LLC to 4/22/2019. 30 Days Granted for Deadline Extension.( baf, )
March 18, 2019 Filing 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Aptustech LLC v Trimfoot Co., LLC.(Bumgarner, J)
March 1, 2019 Filing 5 SUMMONS Returned Executed by AptusTech LLC. Trimfoot Co., LLC served on 2/27/2019, answer due 3/20/2019. (Williams, Steven)
February 26, 2019 Filing 4 SUMMONS Issued as to Trimfoot Co., LLC. (baf, )
February 22, 2019 Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, )
February 22, 2019 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )
February 22, 2019 Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Williams, Steven)
February 22, 2019 Filing 2 CORPORATE DISCLOSURE STATEMENT filed by AptusTech LLC (Williams, Steven)
February 22, 2019 Filing 1 COMPLAINT against Trimfoot Co., LLC ( Filing fee $ 400 receipt number 0540-7152931.), filed by AptusTech LLC. (Attachments: #1 Exhibit A ('284 Patent), #2 Civil Cover Sheet)(Williams, Steven)

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Plaintiff: AptusTech LLC
Represented By: Winston Oliver Huff
Represented By: Steven Nelson Williams
Represented By: William Zachary Duffy
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Defendant: Trimfoot Co., LLC
Represented By: J Reid Bumgarner
Represented By: Michael A. Kahn
Represented By: Lauren R. Cohen
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Interested party: Scott Woloson
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