Honeywell International Inc. et al v. Zebra Technologies Corporation
| Honeywell International Inc., Hand Held Products, Inc. and Metrologic Instruments, Inc. |
| Zebra Technologies Corporation |
| 2:2022cv03428 |
| June 9, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 59 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Order Dismissing Case) (Cubano, Jazmin) |
Filing 58
ORDER DISMISSING CASE: The Clerk of the Court is directed to close this case - Case closed. So Ordered by Judge Gary R. Brown on 7/1/2022. (Cubano, Jazmin)
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| Filing 57 STIPULATION of Dismissal by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc. (Fields, Breanna) |
| Filing 56 STATUS REPORT by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc. (Fields, Breanna) |
| Filing 55 NOTICE of Appearance by Breanna Elizabeth Fields on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc. (aty to be noticed) (Fields, Breanna) |
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STATUS REPORT ORDER: In light of this matter being reassigned to the undersigned, the parties are to file a joint status report letter within one week of this Order. Ordered by Judge Gary R. Brown on 6/17/2022. c/ecf (Cowan, Timothy)
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| Filing 54 Notice of Report on the filing of an action regarding a Patent or Trademark. (Cox, Dwayne) |
| Filing 53 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. (Cox, Dwayne) |
| Filing 52 Case transferred in from District of Texas Western; Case Number 6:21-cv-01010. Original file certified copy of transfer order and docket sheet received. |
| The case of Honeywell International Inc. et al v. Zebra Technologies Corporation, has been transferred from U.S. District Court, Western District of Texas to the Eastern District of New York. The new case number is 22-cv-3428-GRB-ARL. 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. (Cox, Dwayne) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. Magistrate Judge Arlene R. Lindsay 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 6/10/2022. Motions referred to Steven Tiscione. (Davis, Kimberly)
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Filing 51
Sealed Order. Signed by Judge Alan D Albright. (sv) [Transferred from Texas Western on 6/10/2022.]
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Filing 50
ORDER STAYING CASE; pending resolution of the Motion to Transfer #24 . Signed by Judge Alan D Albright. (sv) [Transferred from Texas Western on 6/10/2022.]
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| Filing 49 STATUS REPORT Regarding Zebra's Motion to Transfer by Zebra Technologies Corporation. (Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 48 Joint Claim Construction Brief or Statement by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 47 BRIEF (Sur-Reply Claim Construction Brief) regarding #44 Claim Construction Brief, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 46 Reply Claim Construction Brief by Zebra Technologies Corporation. (Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 45 STATUS REPORT Regarding Zebra's Motion to Transfer by Zebra Technologies Corporation. (Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 44 Opening Claim Construction Brief by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
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Filing 43
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. [Transferred from Texas Western on 6/10/2022.]
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| Filing 42 Opening Claim Construction Brief by Zebra Technologies Corporation. (Attachments: #1 Pearson Declaration, #2 U.S. Patent No. 7,527,206, #3 U.S. Patent No. 9,578,269, #4 U.S. Patent No. 10,171,767, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F)(Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 41 RESPONSE in Support, filed by Zebra Technologies Corporation, re #24 MOTION to Transfer Case to the Eastern District of New York filed by Defendant Zebra Technologies Corporation (Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 40 Redacted Copy of #33 Sealed Document, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 39 NOTICE of Attorney Appearance by Patrick D. Curran on behalf of Zebra Technologies Corporation. Attorney Patrick D. Curran added to party Zebra Technologies Corporation(pty:dft) (Curran, Patrick) [Transferred from Texas Western on 6/10/2022.] |
| Filing 38 NOTICE of Attorney Appearance by Jun Zheng on behalf of Zebra Technologies Corporation. Attorney Jun Zheng added to party Zebra Technologies Corporation(pty:dft) (Zheng, Jun) [Transferred from Texas Western on 6/10/2022.] |
| Filing 37 ATTACHMENT Non-Confidential Exhibits 41 to 46 to #33 Sealed Document, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 36 ATTACHMENT Non-Confidential Exhibits 31 to 40 to #33 Sealed Document, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 35 ATTACHMENT Non-Confidential Exhibits 16 to 30 to #33 Sealed Document, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 34 ATTACHMENT Non-Confidential Exhibits 3 to 15 to #33 Sealed Document, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 33 Sealed Document: Plaintiffs' Opposition to Defendant's of #24 MOTION to Transfer Case to the Eastern District of New York by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc. (Attachments: #1 Montgomery Declaration, #2 Guaragna Declaration, #3 Exhibit 1, #4 Exhibit 2) (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) [Transferred from Texas Western on 6/10/2022.] |
| Filing 32 RULE 7 DISCLOSURE STATEMENT filed by Zebra Technologies Corporation. (Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
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Filing 31
SCHEDULING ORDER:Markman Hearing set for 6/6/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 7/18/2022. Amended Pleadings due by 9/26/2022. Dispositive Motions due by 3/13/2023. Pretrial Conference set for 5/15/2023 before Judge Alan D Albright. Jury Selection set for 6/5/2023 before Judge Jeffrey C. Manske. Jury Trial set for 6/5/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5) [Transferred from Texas Western on 6/10/2022.]
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| Filing 30 Joint MOTION for Entry of Scheduling Order Deadlines (Joint Submission Regarding Disputed Scheduling Order) by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit A)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 29 NOTICE of Attorney Appearance by Richard W. Erwine on behalf of Zebra Technologies Corporation. Attorney Richard W. Erwine added to party Zebra Technologies Corporation(pty:dft) (Erwine, Richard) [Transferred from Texas Western on 6/10/2022.] |
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Filing 28
ORDER GRANTING #26 Motion to Appear Pro Hac Vice for Attorney David R. Knudson. Attorney added for Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, 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. (sjda) [Transferred from Texas Western on 6/10/2022.]
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| Filing 27 NOTICE of Intent to Conduct Venue Discovery by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 26 MOTION to Appear Pro Hac Vice by John Michael Guaragna for David R. Knudson ( Filing fee $ 100 receipt number 0542-15535641) by on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 25 STATUS REPORT (Joint Case Readiness Status Report) by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 24 MOTION to Transfer Case to the Eastern District of New York by Zebra Technologies Corporation. (Attachments: #1 Bob Sanders Declaration In Support of Motion to Transfer, #2 Exhibit 1 - Lack of Honeywell Locations in 5C, #3 Exhibit 2 - Symbol Technologies Company Profile, #4 Exhibit 3 - Motorola to buy Symbol Technologies, #5 Exhibit 4 - Zebra Completes Acquisition of Motorola Solutions' Enterprise, #6 Exhibit 5 - Zebra Rugged Tablet Portfolio, #7 Exhibit 6 - Honeywell Purchases Hand Held Products, #8 Exhibit 7 - Radial Distance to West Windsor, NJ, #9 Exhibit 8 - Radial Distance to Waterbury, CT, #10 Exhibit 9 - Radial Distance to Brookfield, CT, #11 Exhibit 10 - Time to Trial EDNY v. WDTX, #12 Exhibit 11 - Active Patent Cases (Albright), #13 Exhibit 12 - Active Patent Cases (Azrack), #14 Exhibit 13 - Active Patent Cases (Brown), #15 Exhibit 14 - Honeywell NY Office Locations)(Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 23 Zebra Technologies Corporation ANSWER to #1 Complaint,, by Zebra Technologies Corporation.(Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
| Filing 22 NOTICE of Extension of Time to File a Response to Plaintiff's Complaint by Zebra Technologies Corporation re #1 Complaint,, (Pearson, Evan) [Transferred from Texas Western on 6/10/2022.] |
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Filing 21
ORDER GRANTING #19 Motion to Appear Pro Hac Vice for Attorney Kathryn Riley Grasso. Attorney added for Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, 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. (jkda) [Transferred from Texas Western on 6/10/2022.]
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| Reset Deadlines: Zebra Technologies Corporation answer due 12/06/2021. (jc5) [Transferred from Texas Western on 6/10/2022.] |
| Filing 20 SUMMONS Returned Executed by Honeywell International Inc., Metrologic Instruments, Inc., Hand Held Products, Inc.. Zebra Technologies Corporation served on 10/4/2021, answer due 10/25/2021. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 19 MOTION to Appear Pro Hac Vice by John Michael Guaragna for Kathryn Riley Grasso ( Filing fee $ 100 receipt number 0542-15330912) by on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 17 NOTICE of Attorney Appearance by Scott L. Cole on behalf of Zebra Technologies Corporation (Cole, Scott) [Transferred from Texas Western on 6/10/2022.] |
| Filing 16 NOTICE of Attorney Appearance by Scott L. Cole on behalf of Zebra Technologies Corporation. Attorney Scott L. Cole added to party Zebra Technologies Corporation(pty:dft) (Cole, Scott) [Transferred from Texas Western on 6/10/2022.] |
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Filing 15
ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Helena D. Kiepura. Attorney added for Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, 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. (jkda) [Transferred from Texas Western on 6/10/2022.]
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Filing 18
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. [Transferred from Texas Western on 6/10/2022.]
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Filing 14
ORDER GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Michael D. Jay. Attorney added for Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, 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. (jkda) [Transferred from Texas Western on 6/10/2022.]
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Filing 13
ORDER GRANTING #9 Motion to Appear Pro Hac Vice for Attorney James Heintz. Attorney added for Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, 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. (jkda) [Transferred from Texas Western on 6/10/2022.]
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Filing 12
ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney Mark D. Fowler. Attorney added for Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, 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. (jkda) [Transferred from Texas Western on 6/10/2022.]
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| Filing 11 MOTION to Appear Pro Hac Vice by John Michael Guaragna for Helena Kiepura ( Filing fee $ 100 receipt number 0542-15311653) by on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 10 MOTION to Appear Pro Hac Vice by John Michael Guaragna for Michael D. Jay ( Filing fee $ 100 receipt number 0542-15301771) by on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 9 MOTION to Appear Pro Hac Vice by John Michael Guaragna for James Heintz ( Filing fee $ 100 receipt number 0542-15300720) by on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 8 MOTION to Appear Pro Hac Vice by John Michael Guaragna for Mark Fowler ( Filing fee $ 100 receipt number 0542-15300718) by on behalf of Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 7 Summons Issued as to Zebra Technologies Corporation. (lad) [Transferred from Texas Western on 6/10/2022.] |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) [Transferred from Texas Western on 6/10/2022.] |
| 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. (lad) [Transferred from Texas Western on 6/10/2022.] |
| Filing 6 RULE 7 DISCLOSURE STATEMENT filed by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc. identifying Corporate Parent Honeywell International, Inc. for Hand Held Products, Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| 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. (Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 3 ATTACHMENT (Additional Attachments) to #1 Complaint,, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit OO, #2 Exhibit UU, #3 Exhibit VV, #4 Exhibit WW, #5 Exhibit XX, #6 Exhibit YY, #7 Exhibit ZZ, #8 Exhibit AAA, #9 Exhibit BBB, #10 Exhibit CCC, #11 Exhibit DDD, #12 Exhibit EEE, #13 Civil Cover Sheet)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 2 ATTACHMENT (Additional Attachments) to #1 Complaint,, by Hand Held Products, Inc., Honeywell International Inc., Metrologic Instruments, Inc.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Exhibit GG, #8 Exhibit HH, #9 Exhibit II, #10 Exhibit JJ, #11 Exhibit KK, #12 Exhibit LL, #13 Exhibit MM, #14 Exhibit NN, #15 Exhibit OO, #16 Exhibit PP, #17 Exhibit QQ, #18 Exhibit RR, #19 Exhibit SS, #20 Exhibit TT)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-15281148), filed by Honeywell International Inc., Metrologic Instruments, Inc., Hand Held Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(Guaragna, John) [Transferred from Texas Western on 6/10/2022.] |
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