Artec Europe S.A.R.L. v. Schenzen Creality 3D Technology Co., LTD. et al
| Artec Europe S.A.R.L. |
| Schenzen Creality 3D Technology Co., LTD. and Kickstarter PBC |
| 1:2022cv01676 |
| March 25, 2022 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Vera M Scanlon |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 44 Letter Dated: 5/23/2022 to Hon. William F. Kuntz, II re: Response to Plaintiffs' letter to the court on May 20, 2022 Dkt. #43 by Kickstarter PBC (Rosenfeld, James) |
| Filing 43 Letter by Artec Europe S.A.R.L. (DE Bodo, Richard) |
Filing 42
ORDER : In light of the letter filed by Defendant Kickstarter, PBC at ECF No. #41 , the Court hereby DENIES as moot the motion for injunctive relief filed by Plaintiff at ECF No. #3 . See Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) (holding a dispute becomes moot "when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome."). SO Ordered by Judge William F. Kuntz, II on 5/20/2022. (Tavarez, Jennifer)
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| Filing 41 Letter to Hon. William F. Kuntz, II re: Status Update For the Court by Kickstarter PBC (Rosenfeld, James) |
| Filing 40 Letter regarding the request for a temporary restraining order by Schenzen Creality 3D Technology Co., LTD. (DeVincenzo, Michael) |
| Filing 39 ANSWER to #1 Complaint, , CROSSCLAIM against Schenzen Creality 3D Technology Co., LTD. by Kickstarter PBC. (Rosenfeld, James) |
| Filing 38 Letter to Judge Kuntz re protecting the funds in dispute. (Yu, Stephanie) |
| Filing 37 Letter MOTION for Extension of Time to File Answer to Complaint from May 2, 2022 to 14 days from the date that the Court issues decision on Plaintiff's Motion by Kickstarter PBC. (Rosenfeld, James) |
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ORDER denying #37 Letter MOTION for Extension of Time to File Answer. So Ordered by Judge William F. Kuntz, II on 4/26/2022. (Changfong-Hagen, Kelley)
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ORDER granting #34 Motion for Extension of Time to Answer #1 Complaint. Kickstarter PBC shall move, answer, or otherwise respond by May 2, 2022. So Ordered by Judge William F. Kuntz, II on 4/18/2022. (Changfong-Hagen, Kelley)
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| Filing 36 SUMMONS Returned Executed by Artec Europe S.A.R.L.. Kickstarter PBC served on 3/29/2022, answer due 4/19/2022. (DE Bodo, Richard) |
| Filing 35 SUMMONS Returned Executed by Artec Europe S.A.R.L.. Kickstarter PBC served on 3/28/2022, answer due 4/18/2022. (DE Bodo, Richard) |
| Filing 34 Letter MOTION for Extension of Time to File Answer re #1 Complaint, until and including May 2, 2022 with consent of the parties, by Kickstarter PBC. (Rosenfeld, James) |
| Filing 33 RESPONSE to Motion re #30 Letter MOTION for Leave to File Document Plaintiff's Post-Hearing Brief filed by Artec Europe S.A.R.L.. (Attachments: #1 Declaration Declaration of Amanda Greenspon, #2 Exhibit A-1, #3 Exhibit A-2, #4 Declaration Declaration of Hailong Tang, #5 Exhibit B-1, #6 Exhibit B-2, #7 Declaration Supplemental Declaration of Alexander Osipov, #8 Exhibit C-1, #9 Exhibit C-2, #10 Exhibit C-3) (DE Bodo, Richard) |
| Filing 32 MEMORANDUM in Opposition re #5 Memorandum in Support filed by Schenzen Creality 3D Technology Co., LTD.. (Attachments: #1 Declaration of Luowei, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (DeVincenzo, Michael) |
| Filing 31 Letter MOTION to Continue today's show cause hearing by Artec Europe S.A.R.L.. (DE Bodo, Richard) |
| Filing 30 Letter MOTION for Leave to File Document by Schenzen Creality 3D Technology Co., LTD.. (Attachments: #1 Declaration Declaration of Luowei) (DeVincenzo, Michael) |
| Minute Entry for proceedings held before Judge William F. Kuntz, II: Show Cause Hearing held on 4/8/2022. Case called. Counsel Richard de Bodo appeared on behalf of the Plaintiff. Counsel Michael S. DeVincenzo appeared on behalf of Defendant Schenzen Creality 3D Technology Co., LTD. Counsel Adams Rich and James Rosenfeld appeared on behalf of Defendant Kickstarter PBC. Oral Arguments held. The Court direct the parties to submit post hearing briefing by Wednesday, April 13, 2022 at 5 P.M. on ECF. (Court Reporter Michele Lucchese.) (Yu, Stephanie) |
| Filing 29 REPLY in Support re #26 Reply in Support, filed by Artec Europe S.A.R.L.. (DE Bodo, Richard) |
| Filing 28 NOTICE by Artec Europe S.A.R.L. re #26 Reply in Support, (Attachments: #1 Declaration Corrected Declaration of Alexander Osipocv, #2 Declaration Corrected Declaration of Amanda Greenspon) (DE Bodo, Richard) |
| Filing 27 NOTICE of Appearance by Amanda Kate Greenspon on behalf of Artec Europe S.A.R.L. (aty to be noticed) (Greenspon, Amanda) |
| Filing 26 REPLY in Support Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction filed by Artec Europe S.A.R.L.. (Attachments: #1 Declaration Declaration of Hailong Tang, #2 Declaration Declaration of Gleb Gusev, #3 Declaration Declaration of Amanda Greenspon, #4 Declaration Declaration of George Edwards, Ph.D., #5 Declaration Declaration of Alexander Osipov) (DE Bodo, Richard) |
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Filing 25
ORDER granting #24 Motion for Leave to File Excess Pages. So Ordered by Judge William F. Kuntz, II on 4/5/2022. (Yu, Stephanie)
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| Filing 24 Letter MOTION for Leave to File Excess Pages (additional five pages for reply) by Artec Europe S.A.R.L.. (Alexander, Barry) |
| Filing 23 MEMORANDUM in Opposition re #1 Complaint, S..R.L.S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Kickstarter PBC. (Rosenfeld, James) |
| Filing 22 AFFIDAVIT/AFFIRMATION re #20 Memorandum in Opposition by Schenzen Creality 3D Technology Co., LTD. (DeVincenzo, Michael) |
| Filing 21 AFFIDAVIT/AFFIRMATION re #20 Memorandum in Opposition by Schenzen Creality 3D Technology Co., LTD. (DeVincenzo, Michael) |
| Filing 20 MEMORANDUM in Opposition re #5 Memorandum in Support filed by Schenzen Creality 3D Technology Co., LTD.. (DeVincenzo, Michael) |
| Filing 19 Corporate Disclosure Statement by Schenzen Creality 3D Technology Co., LTD. (DeVincenzo, Michael) |
| Filing 18 NOTICE of Appearance by Michael S. DeVincenzo on behalf of Schenzen Creality 3D Technology Co., LTD. (aty to be noticed) (DeVincenzo, Michael) |
| Filing 17 Corporate Disclosure Statement by Kickstarter PBC (Rosenfeld, James) |
| Filing 16 NOTICE of Appearance by James Eric Rosenfeld on behalf of Kickstarter PBC (aty to be noticed) (Rosenfeld, James) |
| Filing 15 NOTICE of Appearance by Adam Ivan Rich on behalf of Kickstarter PBC (aty to be noticed) (Rich, Adam) |
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ORDER granting #8 and #9 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorneys shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/29/2022. (Quinlan, Krista)
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Filing 14
ORDER TO SHOW CAUSE FOR A TEMPORARY RETRAINING ORDER AND A PRELIMINARY INJUNCTION: Upon the declaration of Gleb Gusev, Plaintiff Artec Europe S.A.R.L's Memorandum of Law in support of Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction (the Application), and the Plaintiff's Complaint, it is hereby; ORDERED that Defendants Kickstarter PBC and Shenzhen Creality 3D Technology Co., Ltd. (collectively Defendants) show cause before this Court at 3:00 P.M. on Friday, April 8, 2022, in Courtroom 6H North at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, 11201, why an order should not be issued granting a temporary restraining order or a preliminary injunction (1) enjoining Defendant Kickstarter PBC from transferring, paying, or sending directly or indirectly to Shenzhen Creality 3D Technology Co., Ltd. or outside of Kickstarter PBC's own account any funds, payments, money, or item of value received in connection with, from, or relating to its campaign with Shenzhen Creality 3D Technology Co., Ltd. involving the CR-Scan Lizard; (2) requiring Defendant Kickstarter PBC to retain and not disburse any and all funds or payments received or collected in connection with its campaign relating to the CR-Scan Lizard; and (3) enjoining Defendants' employees, owners, agents, officers, directors, attorneys, representatives, affiliates, subsidiaries, successors, and assigns, and all those in active concert or participation with them from enabling or assisting Kickstarter PBC in any such transfer or payments; and IT IS FURTHER ORDERED any papers responding to the Application be served and filed on or before Friday, April 1, 2022 at 5:00 P.M. and any reply papers in further support of the Application and Motion be served and filed on or before Wednesday, April 6, 2022 at 5:00 P.M.; and IT IS FURTHER ORDERED, pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure, service via e-mail and FedEx of a copy of this order and the papers upon which it is granted made on the Defendants or their counsel on or before Tuesday, March 29, 2022 at 12:00 Noon shall be deemed good and sufficient service and notice thereof. So Ordered by Judge William F. Kuntz, II on 3/28/2022. (Yu, Stephanie)
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| Filing 13 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 12 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 11 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 10 Summons Issued as to Kickstarter PBC. (Davis, Kimberly) |
| Filing 9 MOTION to Appear Pro Hac Vice for Charles Zerner Filing fee $ 150, receipt number ANYEDC-15412838. by Artec Europe S.A.R.L.. (Attachments: #1 Declaration of Barry S. Alexander, #2 Affidavit of Charles Zerner, #3 Exhibit A to Affidavit of Charles Zerner (Certificate of Good Standing), #4 Proposed Order) (Alexander, Barry) |
| Filing 8 MOTION to Appear Pro Hac Vice for Richard de Bodo Filing fee $ 150, receipt number ANYEDC-15412663. by Artec Europe S.A.R.L.. (Attachments: #1 Declaration of Barry S. Alexander, #2 Declaration of Richard de Bodo, #3 Proposed Order) (Alexander, Barry) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Artec Europe S.A.R.L. (Alexander, Barry) |
| Filing 6 NOTICE by Artec Europe S.A.R.L. re #1 Complaint, Form AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark (Alexander, Barry) |
| Filing 5 MEMORANDUM in Support re #3 MOTION for Order to Show Cause (Proposed Order for a Temporary Restraining Order and Preliminary Injunction) filed by Artec Europe S.A.R.L.. (Alexander, Barry) |
| Filing 4 DECLARATION re #3 MOTION for Order to Show Cause (Proposed Order for a Temporary Restraining Order and Preliminary Injunction) of Gleb Gusev by Artec Europe S.A.R.L. (Alexander, Barry) |
| Filing 3 MOTION for Order to Show Cause (Proposed Order for a Temporary Restraining Order and Preliminary Injunction) by Artec Europe S.A.R.L.. (Alexander, Barry) |
| Filing 2 Corporate Disclosure Statement by Artec Europe S.A.R.L. (Alexander, Barry) |
| Filing 1 COMPLAINT with Request for TRO and Injunctive Relief against All Defendants filing fee $ 402, receipt number BNYEDC-15411148 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Artec Europe S.A.R.L.. (Attachments: #1 Civil Cover Sheet) (Alexander, Barry) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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