Ollnova Technologies Limited v. Emerson Electric Co. et al
| Ollnova Technologies Limited |
| Emerson Electric Co. and Verdant Environmental Technologies Inc. |
| 4:2022cv01387 |
| December 29, 2022 |
| US District Court for the Eastern District of Missouri |
| John A Ross |
| Stephen R Welby |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 68 MOTION to Amend/Correct the Complaint by Plaintiff Ollnova Technologies Limited. (Attachments: #1 Declaration of Drew Hollander In Support of Plaintiff Ollnova Technologies Ltd. Motion to Amend the Complaint, #2 Exhibit 1 - Amended Complaint for Patent Infringement Against Emerson Electric Co. and Verdant Environmental Technologies, Inc., #3 Exhibit 2 - July 7, 2022 Preliminary Infringement Contentions, #4 Exhibit 3 - Email Exchange Dated June 6-7, 2022, #5 Exhibit 4 - Defendants' Preliminary Identification of Claim Terms for Construction, #6 Exhibit 5 - WDTX Standing Order Governing Proceedings - Patent Cases)(Simon, Anthony) |
Filing 67
Docket Text ORDER: Re: #66 Unopposed MOTION to Amend/Correct #65 Case Management Order - Amended,, by Plaintiff Ollnova Technologies Limited. (Simon, Anthony); ORDERED GRANTED. (Amended/Supplemental Pleadings due by 2/17/2023, Motion to Join Parties due by 2/17/2023.) Signed by District Judge John A. Ross on 2/13/2023. (CLT)
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| Filing 66 Unopposed MOTION to Amend/Correct #65 Case Management Order - Amended,, by Plaintiff Ollnova Technologies Limited. (Simon, Anthony) |
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Filing 65
AMENDED CASE MANAGEMENT ORDER - TRACK 3: COMPLEX: IT IS HEREBY ORDERED that the following schedule shall apply in this case, and will be modified only upon a showing of exceptional circumstances: Claim construction hearing in this action is set for April 13, 2023 at 9:00 a.m. inCourtroom 12N. SEE ORDER FOR DETAILS. (Discovery Completion due by 2/2/2024. Dispositive Motions due by 4/4/2024. Jury Trial set for 9/9/2024 09:00 AM in Courtroom 12N - St. Louis before District Judge John A. Ross. Pretrial Conference set for 9/5/2024 01:30 PM in Courtroom 12N - St. Louis before District Judge John A. Ross.) Signed by District Judge John A. Ross on 2/9/2023. (CLT)
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| Filing 64 JOINT SCHEDULING PLAN by Plaintiff Ollnova Technologies Limited. . (Attachments: #1 Attachment A - Ollnova Proposed Schedule, #2 Attachment B - Defendants Proposed Schedule)(Cooper, Brett) |
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Filing 63
ORDER: Following a status conference with counsel for the parties on January 19, 2023, IT IS HEREBY ORDERED that the stay of the scheduling order (Docs. #28 , 52 ) is lifted and the parties shall proceed with Rule 26(a) disclosures to the extent productive for early mediation. IT IS FURTHER ORDERED that a Markman hearing is set for April 13, 2023, at 9:00 a.m. in Courtroom 12 North. IT IS FURTHER ORDERED that the parties shall confer and shall file, either jointly or separately by February 3, 2023, a proposed scheduling plan for further proceedings, including a trial date. ( Markman Hearing set for 4/13/2023 09:00 AM in Courtroom 12N - St. Louis before District Judge John A. Ross.) (Joint Scheduling Plan due by 2/3/2023.) Signed by District Judge John A. Ross on 1/19/2023. (CLT)
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| Filing 62 ENTRY of Appearance by Paul Tahan for Plaintiff Ollnova Technologies Limited. (Tahan, Paul) |
| Filing 61 ENTRY of Appearance by Anthony G. Simon for Plaintiff Ollnova Technologies Limited. (Simon, Anthony) |
| Filing 60 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Emerson Electric Co., BlackRock, Inc., Alliance Compressors LLC, Anderson Greenwood Crosby Sanmar Limited, Armory Blaise, Aspen Technology, Inc.,, Bitfinder, Inc., doing business as Awair,, Beijing Rosemount Far East Instrument Co., Ltd., Coretigo Ltd., Dragos, Inc., El-O-Matic India Private Limited, Emerson Automation Solutions Final Control France S.C.A., IARD Sensing Solutions Ltd., Mecman Japan Ltd., Nevada Nanotech Systems, Inc., Nippon Fisher Co., Ltd, Redshift Bioanalytics, Inc., Sakhi Raimondi Valve (India) Limited, Terasaki Nelson Limited, Virtual Peaker, Inc., VPE Holdings, LLC, Zededa, Inc... (Hoekel, Jennifer) |
| Filing 59 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Verdant Environmental Technologies Inc., Emerson Electric Co... (Hoekel, Jennifer) |
| Filing 58 ENTRY of Appearance by Brendan G. McDermott for Defendants Emerson Electric Co., Verdant Environmental Technologies Inc.. (McDermott, Brendan) |
| Filing 57 ENTRY of Appearance by Jennifer E. Hoekel for Defendants Emerson Electric Co., Verdant Environmental Technologies Inc.. (Hoekel, Jennifer) |
| Filing 56 ENTRY of Appearance by Rudolph A. Telscher, Jr for Defendants Emerson Electric Co., Verdant Environmental Technologies Inc.. (Telscher, Rudolph) |
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Filing 55
ORDER: IT IS HEREBY ORDERED that this matter is set for a status conference on January 19, 2023, at 1:00 p.m. CST. Call information will be sent to counsel for the parties. (Telephone Conference set for 1/19/2023 01:00 PM in Telephone Conference in Chambers before District Judge John A. Ross.). Signed by District Judge John A. Ross on 1/6/23. (JAB)
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| Filing 54 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Ollnova Technologies Limited. No corporate parents or affiliates identified. (Cooper, Brett) |
| Filing 53 CJRA ORDER (GJL). Pursuant to Local Rule 2.08, a request has been received for random reassignment of this case to a District Judge. IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge Stephen R. Welby to District Judge John A. Ross for all further proceedings. (CBL) |
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Filing 52
Docket Text ORDER: The scheduling order in this matter is stayed and all hearings are vacated pending a status conference to be arranged by the Court at a future date. So Ordered by Judge Stephen R. Welby on 12/30/22. (MCC)
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| Filing 51 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 50 REPORT to Commissioner of filing or determination of an action regarding patent. (JDC) |
| Filing 49 Case transferred in from District of Texas Western; Case Number 6:22-cv-00358. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
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Filing 48
SEALED MEMORANDUM OPINION AND ORDER GRANTING #26 Opposed Sealed Motion SEALED Opposed Motion to Transfer Venue. (NOTE: Original Document 48 not accessible via case transfer. Sealed documents were added on 1/3/2023 to be accessible in EDMO.) Having considered the private and public interest factors, Courts conclusions for each factor is summarized in the following table: (See Document) Three factors are neutral, local interest slightly favors transfer, access to sources of proof slightly favors transfer, cost of attendance for willing witnesses strongly favors transfer, the compulsory process factor weighs slightly against transfer, and the court-congestion factor weighs slightly against transfer. Given the foregoing, the Court finds that Defendants have shown that the EDMO is a clearly more convenient than this District. Defendants' Motion is therefore GRANTED. The Clerk of the Court is hereby ORDERED to transfer this case to the Eastern District of Missouri. Signed by Judge Alan D Albright. (zv) (Additional attachment(s) added on 1/3/2023: #1 Sealed Memorandum and Order) (CBL).
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| Filing 47 STATUS REPORT Status Report Regarding Defendants' Motion to Transfer Under 28 U.S.C. 1404(a) by Emerson Electric Co., Verdant Environmental Technologies Inc.. (Ravel, J.) |
| Case Opening Notification. Judge Assigned: Honorable Stephen R. Welby. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file a Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JDC) |
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Text Order MOOTING #24 Motion for Entry of Scheduling Order entered by Judge Alan D Albright. Because the Court entered #28 , this Motion is hereby MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
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| Filing 46 BRIEF - Joint Claim Construction Statement by Ollnova Technologies Limited. (Cooper, Brett) |
| Filing 45 BRIEF - SUR-REPLY CLAIM CONSTRUCTION BRIEF regarding #43 Claim Construction Brief by Ollnova Technologies Limited. (Cooper, Brett) |
| Filing 44 STATUS REPORT Status Report Regarding Defendants' Motion to Transfer Under 28 U.S.C. 1404(a) by Emerson Electric Co., Verdant Environmental Technologies Inc.. (Ravel, J.) |
| Filing 43 Reply Claim Construction Brief regarding #36 Claim Construction Brief, by Emerson Electric Co., Verdant Environmental Technologies Inc.. (Ravel, J.) |
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Filing 42
ORDER Setting Zoom Markman Hearing for 1/5/2023 09:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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| Filing 41 RESPONSE to #36 Claim Construction Brief, by Ollnova Technologies Limited. (Attachments: #1 Affidavit of Drew Hollander, #2 Exhibit 1)(Cooper, Brett) |
| Filing 40 Redacted Public Version Defendants' Reply In Support of Their Motion to Transfer Venue Under 28 U.S.C. 1404(A) of #38 Sealed Document, by Emerson Electric Co.. (Ravel, J.) |
| Filing 39 Redacted Public Version of #38 Sealed Document, by Emerson Electric Co., Verdant Environmental Technologies Inc.. (Attachments: #1 Exhibit P)(Ravel, J.) |
| Filing 38 Sealed Document: DEFENDANTS SEALED REPLY IN SUPPORT OF THEIR MOTION TO TRANSFER VENUE UNDER 28 U.S.C. 1404(A) of #26 Opposed Sealed Motion SEALED Opposed Motion to Transfer Venue by Emerson Electric Co., Verdant Environmental Technologies Inc. by Emerson Electric Co., Verdant Environmental Technologies Inc. (Attachments: #1 Affidavit of Richards, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P) (Ravel, J.) |
| Filing 37 Redacted Copy OLLNOVA RESPONSE TO EMERSON ELECTRIC CO. AND VERDANT ENVIRONMENTAL TECHNOLOGIES INC.'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF MISSOURI of #35 Sealed Document,,, by Ollnova Technologies Limited. (Cooper, Brett) |
| Filing 36 Opening Claim Construction Brief by Emerson Electric Co., Verdant Environmental Technologies Inc.. (Attachments: #1 Exhibit A (Neikirk Declaration), #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F)(Ravel, J.) |
| Filing 35 Sealed Document: OLLNOVA RESPONSE TO EMERSON ELECTRIC CO. AND VERDANT ENVIRONMENTAL TECHNOLOGIES INC.'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF MISSOURI of #26 Opposed Sealed Motion SEALED Opposed Motion to Transfer Venue by Emerson Electric Co., Verdant Environmental Technologies Inc. by Ollnova Technologies Limited (Attachments: #1 Affidavit of Jonathan Yim, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18) (Cooper, Brett) |
| Filing 34 NOTICE of Attorney Appearance by Jonathan Randy Yim on behalf of Ollnova Technologies Limited . Attorney Jonathan Randy Yim added to party Ollnova Technologies Limited (pty:pla) (Yim, Jonathan) |
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Text Order GRANTING #33 Motion. Upon consideration of Plaintiff Ollnovas Unopposed Motion to Withdraw and Substitute Counsel, the Court is of the opinion that the Motion should be granted.IT IS THEREFORE ORDERED that Marc Fenster, Reza Mirzaie, Paul A. Kroeger, and Russ August & Kabat LLP is withdrawn as counsel of record and substituted with Brett Cooper, Seth Hasenour, Drew Hollander, and BC Law Group, P.C. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
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| Filing 33 Unopposed MOTION to Withdraw and Substitute Counsel re #32 Notice (Other) by Ollnova Technologies Limited. (Attachments: #1 Exhibit A - Consent Order Cooper, #2 Exhibit B - Consent Order Hasenour, #3 Exhibit C - Consent Order Hollander, #4 Proposed Order)(Cooper, Brett) |
| Parties shall comply with Judge Albright's updated #standing orders available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Governing Proceedings Patent Cases,2. #Amended Standing Order On Pretrial Procedures and Requirements in Civil Cases. (bot4) |
| Filing 32 NOTICE OF CHANGE OF FIRM AFFILIATION AND CHANGE OF ADDRESS FOR PLAINTIFF'S ATTORNEYS by Ollnova Technologies Limited (Cooper, Brett) |
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Filing 31
PROTECTIVE ORDER. Signed by Judge Alan D Albright. (sm3)
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| Filing 30 Joint MOTION for Entry of Confidentiality and Protective Order by Ollnova Technologies Limited. (Attachments: #1 Exhibit A - Agreed Protective Order)(Cooper, Brett) |
| Filing 29 NOTICE of Pending Venue Discovery by Ollnova Technologies Limited re #26 Opposed Sealed Motion SEALED Opposed Motion to Transfer Venue by Emerson Electric Co., Verdant Environmental Technologies Inc. (Cooper, Brett) |
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Filing 28
SCHEDULING ORDER: Markman Hearing set for 1/3/2023 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 2/9/2023. Amended Pleadings due by 4/20/2023. Motions due by 10/5/2023. Pretrial Conference set for 12/7/2023 before Judge Alan D Albright. Jury Selection and Jury Trial set for 1/2/2024 before Judge Alan D Albright. Signed by Judge Alan D Albright. (sm3)
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| Filing 27 Redacted Public Version of #26 Opposed Sealed Motion SEALED Opposed Motion to Transfer Venue by Emerson Electric Co., Verdant Environmental Technologies Inc. by Emerson Electric Co., Verdant Environmental Technologies Inc.. (Attachments: #1 Affidavit Richards Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Ravel, J.) |
| Filing 26 Opposed Sealed Motion SEALED Opposed Motion to Transfer Venue by Emerson Electric Co., Verdant Environmental Technologies Inc. (Attachments: #1 Affidavit Cao Decl, #2 Affidavit Martinez Decl, #3 Affidavit Moreland Decl, #4 Affidavit Ruiz Decl, #5 Affidavit Vasut Decl, #6 Affidavit Wall Decl, #7 Affidavit Richards Decl, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L, #20 Proposed Order) (Ravel, J.) |
| Filing 25 NOTICE of Attorney Appearance by Paul A. Kroeger on behalf of Ollnova Technologies Limited . Attorney Paul A. Kroeger added to party Ollnova Technologies Limited (pty:pla) (Kroeger, Paul) |
| Filing 24 MOTION for Entry of Scheduling Order Deadlines by Ollnova Technologies Limited. (Attachments: #1 Exhibit A - Agreed Scheduling Order)(Hollander, Drew) |
| Filing 23 STATUS REPORT CASE READINESS STATUS REPORT by Ollnova Technologies Limited. (Cooper, Brett) |
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Filing 22
ORDER GRANTING #17 Motion to Appear Pro Hac Vice for Attorney James R. Batchelder. Attorney added for Emerson Electric Co., Verdant Environmental Technologies Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot2)
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Filing 21
ORDER GRANTING #16 Motion to Appear Pro Hac Vice for Attorney James L. Davis Jr. Attorney added for Emerson Electric Co., Verdant Environmental Technologies Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot2)
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| Filing 20 RULE 7 DISCLOSURE STATEMENT filed by Verdant Environmental Technologies Inc.. (Ravel, J.) |
| Filing 19 RULE 7 DISCLOSURE STATEMENT filed by Emerson Electric Co.. (Ravel, J.) |
| Filing 18 ANSWER to #1 Complaint, with Jury Demand by Emerson Electric Co., Verdant Environmental Technologies Inc..(Ravel, J.) |
| Filing 17 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of James R. Batchelder ( Filing fee $ 100 receipt number 0542-16130552) by on behalf of Emerson Electric Co., Verdant Environmental Technologies Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 16 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of James L. Davis, Jr. ( Filing fee $ 100 receipt number 0542-16130523) by on behalf of Emerson Electric Co., Verdant Environmental Technologies Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 15 NOTICE Joint Notice Dismissing Indirect Infringement Claims by Emerson Electric Co., Verdant Environmental Technologies Inc. (Ravel, J.) |
| Filing 14 NOTICE of Appearance of Additional Counsel by Emerson Electric Co., Verdant Environmental Technologies Inc. (Ravel, J.) |
| Filing 13 NOTICE of Attorney Appearance by Andrea L. Fair on behalf of Ollnova Technologies Limited . Attorney Andrea L. Fair added to party Ollnova Technologies Limited (pty:pla) (Fair, Andrea) |
| Filing 12 NOTICE Notice Regarding Agreed Extension to Respond to the Complaint by Emerson Electric Co., Verdant Environmental Technologies Inc. re #1 Complaint, (Ravel, J.) |
| Filing 11 NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Emerson Electric Co., Verdant Environmental Technologies Inc.. Attorney J. Stephen Ravel added to party Emerson Electric Co.(pty:dft), Attorney J. Stephen Ravel added to party Verdant Environmental Technologies Inc.(pty:dft) (Ravel, J.) |
| Set/Reset Deadlines: Emerson Electric Co. answer due 6/13/2022; Verdant Environmental Technologies Inc. answer due 6/13/2022. (sm3) |
| Filing 10 SUMMONS Returned Executed by Ollnova Technologies Limited. Verdant Environmental Technologies Inc. served on 4/14/2022, answer due 5/5/2022. (Mirzaie, Reza) |
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Filing 9
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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| Filing 8 SUMMONS Returned Executed by Ollnova Technologies Limited. Emerson Electric Co. served on 4/8/2022, answer due 4/29/2022. (Mirzaie, Reza) |
| Filing 7 Summons Issued as to Verdant Environmental Technologies Inc. (sv) |
| Filing 6 Summons Issued as to Emerson Electric Co. (sv) |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (sv) |
| All parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ |
| Filing 5 NOTICE OF RELATED CASES by Ollnova Technologies Limited re #1 Complaint, (Mirzaie, Reza) |
| Filing 4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) |
| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by Ollnova Technologies Limited. (Mirzaie, Reza) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Ollnova Technologies Limited. (Mirzaie, Reza) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-15890884), filed by Ollnova Technologies Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Mirzaie, Reza) |
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