Hayden AI Technologies Inc v. Seon Design USA Corp
| Hayden AI Technologies, Inc. |
| Seon Design USA Corp |
| 1:2023cv06142 |
| August 11, 2023 |
| U.S. District Court for the Eastern District of New York |
| James R Cho |
| Eric R Komitee |
| Orelia E Merchant |
| Taryn A Merkl |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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| Incomplete ACO Case Termination/Statistical/Non Reportable Closing RE: Electronic Order dated 10/13/2023. (TT) |
| Case Consolidated. Associated Cases: 1:23-cv-03471-EK-JRC, 1:23-cv-06142-EK-JRC(TT) |
| Cases associated. (TT) |
Order and Minute Entry for Initial Conference proceedings held in Case No. 23-cv-6142 on 10/13/2023 before Magistrate Judge James R. Cho. Appearances by Nicholas Klenow, Retley G. Locke, Jr., and James S. Trainor, Jr. for plaintiff; Michael Bonella, Aakash Patel, and Coraleine Kitt for defendants. Discussion held regarding procedural posture of two related cases, Hayden AI Technologies, Inc. v. Safe Fleet Holdings LLC et al., Case No. 23-cv-3471 (first-filed case) and Hayden AI Technologies Inc. v. Seon Design USA Corp, Case No. 23-cv-6142 (second-filed case). Based on a review of the underlying Amended Complaint (Case No. 23-cv-3471) and Complaint (Case No. 23-cv-6142), and on consent of all parties, the Court finds that these cases involve common questions of law and fact warranting consolidation. See Fed. R. Civ. P. 42(a). The Court grants the motions to consolidate (Dkt. 67 in Case No. 23-cv-3471; Dkt. 34 in Case No. 23-cv-6142). Accordingly, Case No. 23-cv-6142 is consolidated into the first-filed case, Case No. 23-cv-3471, as related actions. It is further ordered that Case No. 23-cv-6142 be administratively closed and all further entries be made in the first-filed case, Case No. 23-cv-3471, only.On consent of the parties and in light of the consolidation, by 11/13/2023, plaintiff shall file a consolidated amended complaint in Case No. 23-cv-3471. By 12/4/2023, defendants shall answer, move or otherwise respond to the consolidated amended complaint. Plaintiff agrees that defendants may reassert their counterclaims in response to the consolidated amended complaint. By 10/13/2023, defendants shall file a letter withdrawing as moot and without prejudice their pending requests for a pre-motion conference (Dkts. 63, 66 in Case No. 23-cv-3471).By 11/27/2023, the parties shall file a status report that includes, if necessary, an amended discovery schedule. Ordered by Magistrate Judge James R. Cho on 10/13/2023 (AT&T Conference Bridge). (TT)
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| Filing 34 MOTION to Consolidate Cases (Unopposed) by Seon Design USA Corp. (Attachments: #1 Safe Fleet and Seon's Memorandum In Support of Motion to Consolidate, #2 Certificate of Service) (Bonella, Michael) |
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SCHEDULING ORDER: The in-person initial conference previously scheduled for 10/13/2023 is converted to a telephonic initial conference set for 10/13/2023 at 12:00 p.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 10/12/2023. (TT)
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| Filing 33 Proposed Scheduling Order by Hayden AI Technologies, Inc. (Trainor, James) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B) (Trainor, James) |
| Filing 31 NOTICE of Appearance by Coraleine Kitt on behalf of All Defendants (notification declined or already on case) (Attachments: #1 Certificate of Service) (Kitt, Coraleine) |
| Filing 30 NOTICE by Seon Design USA Corp re #27 MOTION to Appear Pro Hac Vice of Coraleine J. Kitt Filing fee $ 150, receipt number ANYEDC-17082119 (Kitt, Coraleine) |
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Filing 29
SCHEDULING ORDER: An in-person initial conference scheduled for 10/13/2023 at 12:00 p.m. in Courtroom 11-D South before Magistrate Judge James R. Cho. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with counsel for the defendant. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 10/11/2023. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 9/25/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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ORDER granting #27 Motion for Leave to Appear Pro Hac Vice. Attorney Coraleine J. Kitt shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 9/25/2023. (TT)
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| Filing 28 ANSWER to #23 Answer to Complaint,, Counterclaim, [Plaintiff Hayden AI Technologies, Inc.'s Answer to Defendant's Counterclaim] by Hayden AI Technologies, Inc.. (Trainor, James) |
| Filing 27 MOTION to Appear Pro Hac Vice of Coraleine J. Kitt Filing fee $ 150, receipt number ANYEDC-17082119 by Seon Design USA Corp. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Kitt, Coraleine) |
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ORDER granting #26 Motion to Withdraw as Attorney. Attorney Paul J Bruene and Douglas Anderson Grady terminated. Ordered by Magistrate Judge James R. Cho on 9/13/2023. (TT)
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric R. Komitee and Magistrate Judge James R. Cho (as related to 23-cv-3471) for all further proceedings. Judge Orelia E. Merchant, Magistrate Judge Taryn A. Merkl no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 9/13/2023. Motions referred to James R. Cho. (KD)
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| Filing 26 MOTION to Withdraw as Attorney Douglas A. Grady and Paul Bruene by Seon Design USA Corp. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Bonella, Michael) |
| Filing 25 NOTICE of Appearance by Michael Bonella on behalf of Seon Design USA Corp (notification declined or already on case) (Attachments: #1 Certificate of Service) (Bonella, Michael) |
| Filing 24 NOTICE of Appearance by Aakash Patel on behalf of Seon Design USA Corp (notification declined or already on case) (Attachments: #1 Certificate of Service) (Patel, Aakash) |
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ORDER: The Motions #21 #22 of Michael Bonella and Aakash Patel for Leave to Appear Pro Hac Vice are granted. The attorneys shall register for ECF, if needed; registration is available online at the E.D.N.Y. homepage. Once registered, the attorneys shall file a notice of appearance and ensure that the they receive electronic notification of activity in this case. Also, the attorneys shall ensure that the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 9/7/2023.
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| Filing 23 ANSWER to Complaint , COUNTERCLAIM for Declaratory Judgment of Noninfringement of U.S. Patent No. 11,003,919 against Hayden AI Technologies, Inc. by Seon Design USA Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service) (Lavine, Jordan) |
| Filing 22 MOTION to Appear Pro Hac Vice for Aakash K. Patel Filing fee $ 150, receipt number ANYEDC-17028195 by Seon Design USA Corp. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Patel, Aakash) |
| Filing 21 MOTION to Appear Pro Hac Vice for Michael J. Bonella Filing fee $ 150, receipt number BNYEDC-17025167 by Seon Design USA Corp. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Bonella, Michael) |
| Filing 20 NOTICE of Appearance by Retley G. Locke, Jr on behalf of Hayden AI Technologies, Inc. (aty to be noticed) (Locke, Retley) |
| Filing 19 NOTICE of Appearance by Nicholas Klenow on behalf of Hayden AI Technologies, Inc. (aty to be noticed) (Klenow, Nicholas) |
| Filing 18 NOTICE of Appearance by James S. Trainor, Jr on behalf of Hayden AI Technologies, Inc. (notification declined or already on case) (Trainor, James) |
| Filing 17 Corporate Disclosure Statement by Seon Design USA Corp (Attachments: #1 Certificate of Service) (Lavine, Jordan) |
| Filing 16 NOTICE of Appearance by Jordan Lavine on behalf of Seon Design USA Corp (aty to be noticed) (Attachments: #1 Certificate of Service) (Lavine, Jordan) |
| Filing 15 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint, #2 patent registration) (RC) (Main Document 15 replaced on 8/15/2023) (RC). |
| Filing 14 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. (KD) |
| Filing 13 Case transferred in from District of Washington Western; Case Number 2:23-cv-01011. Original file certified copy of transfer order and docket sheet received. |
| Notice of Related Case: The Transfer Order indicates a related case (23-cv-3471). (KD) |
| The case of Hayden AI Technologies Inc. v. Seon Design USA Corp., has been transferred from Western District of Washington (Seattle) to the Eastern District of New York. The new case number is 23-cv-6142. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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Filing 12
ORDER granting Parties' #10 Stipulated Motion to Transfer to the United States District Court for the Eastern District of New York. Signed by Judge Tana Lin. (MJV) [Transferred from Washington Western on 8/15/2023.]
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| Case sent to US District Court, Eastern District of New York by electronic case transfer on 8/11/2023. (MJV) [Transferred from Washington Western on 8/15/2023.] |
| Filing 11 MOTION Praecipe (Filing a Corrected Document) re #10 Stipulated MOTION to Transfer Case to the United States District Court for the Eastern District of New York , filed by Defendant Seon Design USA Corp. (Attachments: #1 Stipulated Motion to Transfer Case to the United States District Court for the Eastern District of New York, #2 Proposed Order re: Stipulated Motion to Transfer Case to the United States District Court for the Eastern District of New York) Noting Date 8/10/2023, (Grady, Douglas) [Transferred from Washington Western on 8/15/2023.] |
| Filing 10 Stipulated MOTION to Transfer Case to the United States District Court for the Eastern District of New York, filed by Defendant Seon Design USA Corp. (Attachments: #1 Proposed Order) Noting Date 8/10/2023, (Grady, Douglas) [Transferred from Washington Western on 8/15/2023.] |
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Filing 9
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT FOR PATENT CASES by Judge Tana Lin. FRCP 26(f) Conference Deadline is 8/30/2023, Initial Disclosure Deadline is 9/13/2023, Joint Status Report due by 9/27/2023. (KMP) [Transferred from Washington Western on 8/15/2023.]
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| Notice of Re-Setting Deadline(s) re Parties' #8 Stipulated Notice. Pursuant to section III(A) of Judge Lin's Standing Order, the Time to Serve a Responsive Pleading is now 9/1/2023. (MJV) [Transferred from Washington Western on 8/15/2023.] |
| Filing 8 NOTICE -- Stipulated Notice Resetting Time to Serve a Responsive Pleading to September 1, 2023 ; filed by Defendant Seon Design USA Corp. (Grady, Douglas) [Transferred from Washington Western on 8/15/2023.] |
| Filing 7 NOTICE of Appearance by attorney Paul J Bruene on behalf of Defendant Seon Design USA Corp. (Bruene, Paul) [Transferred from Washington Western on 8/15/2023.] |
| Filing 6 NOTICE of Appearance by attorney Douglas Anderson Grady on behalf of Defendant Seon Design USA Corp. (Grady, Douglas) [Transferred from Washington Western on 8/15/2023.] |
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Filing 5
STANDING ORDER REGARDING 28 U.S.C. 455 AND CANON 3 OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Tana Lin. (KMP) [Transferred from Washington Western on 8/15/2023.]
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| MINUTE ORDER (text only) made at the direction of Judge Tana Lin: The Court has posted Chambers Procedures at #https://www.wawd.uscourts.gov/judges/lin-procedures. All counsel and unrepresented ("pro se") parties are DIRECTED to review them, if they have not already done so. Failure to follow the requirements set forth in the Chambers Procedures may result in the imposition of sanctions. (KMP) [Transferred from Washington Western on 8/15/2023.] |
| Filing 4 Summons Electronically Issued as to defendant Seon Design USA Corp (CR) [Transferred from Washington Western on 8/15/2023.] |
| Filing 3 REPORT on the filing or determination of an action. Emailed to the US Patent Office (CR) [Transferred from Washington Western on 8/15/2023.] |
| Judge Tana Lin added. (CR) [Transferred from Washington Western on 8/15/2023.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Hayden AI Technologies, Inc.. (Tellekson, David) [Transferred from Washington Western on 8/15/2023.] |
| Filing 1 COMPLAINT for Patent Infringement against defendant(s) Seon Design (USA) Corp. with JURY DEMAND (Receipt # AWAWDC-8078688) Attorney David K Tellekson added to party Hayden AI Technologies, Inc.(pty:pla) filed by Hayden AI Technologies, Inc.. (Attachments: #1 Exhibit A - US Patent No. 11,003,919, #2 Summons for Seon Design (USA) Corp., #3 Civil Cover Sheet, #4 Report on Patents and Trademarks (AO Form 120))(Tellekson, David) [Transferred from Washington Western on 8/15/2023.] |
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