VR Optics LLC v. Peloton Interactive, Inc.
Plaintiff: VR Optics LLC
3Rd Party Plaintiff: Peloton Interactive, Inc.
Interested Party: Thomas C. Rubin Microsoft Corporation and L Catterton
3Rd Party Defendant: Villency Design Group, L.L.C, Joseph Coffey and Eric Villency
Case Number: 1:2016cv06392
Filed: August 11, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: J Paul Oetken
Referring Judge: Analisa Torres
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2021 Opinion or Order ABSTRACT OF JUDGMENT ISSUED on May 25, 2021, in favor of Peloton Interactive, Inc. against Villency Design Group, L.L.C. in the amount of $5,476,898.80. Abstract of Judgment to be Picked up by the Party.(km)
May 24, 2021 Opinion or Order Filing 341 PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-24582349. Abstract of Judgment to be Picked up by the Party. Document filed by Peloton Interactive, Inc.. Document Number of Related Judgment: #333 ..(Schortgen, Steven) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
May 21, 2021 Opinion or Order ABSTRACT OF JUDGMENT ISSUED on May 21, 2021, in favor of Peloton Interactive, Inc. against Villency Design Group, L.L.C. in the amount of $5,476,898.80. Abstract of Judgment to be Picked up by the Party.(km)
May 20, 2021 Opinion or Order Filing 340 PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-24568448. Abstract of Judgment to be Picked up by the Party. Document filed by Peloton Interactive, Inc.. Document Number of Related Judgment: #333 ..(Schortgen, Steven) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
May 4, 2021 Opinion or Order Filing 339 NOTICE OF DOCKETING & USCA Case Number 2021-1918 from the U.S. Court of Appeals, 2nd Circ. assigned to #338 Notice of Appeal to the Federal Circuit, filed by Peloton Interactive, Inc...(nd)
April 29, 2021 Opinion or Order Filing 338 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #332 Memorandum & Opinion,,,,,, #308 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,,,,, #333 Judgment on Attorney Fees,,,. Form 7 and Form 22 are due within 14 days. Document filed by Peloton Interactive, Inc.. Filing fee $ 505.00, receipt number ANYSDC-24472671..(Schortgen, Steven)
April 29, 2021 Opinion or Order Filing 337 USCA Case Number 21-1901 from the U.S. Court of Appeals, Federal Circuit assigned to #335 Notice of Appeal to the Federal Circuit filed by Villency Design Group, L.L.C..(nd)
April 29, 2021 Opinion or Order Filing 336 USCA Case Number 21-1900 from the U.S. Court of Appeals, Federal Circuit assigned to #334 Notice of Appeal to the Federal Circuit, filed by VR Optics LLC..(nd)
April 29, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #338 Notice of Appeal to the Federal Circuit,..(nd)
April 28, 2021 Opinion or Order Filing 335 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #332 Memorandum & Opinion,,,,,, #308 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,,,,, #333 Judgment on Attorney Fees,,,. Form 7 and Form 22 are due within 14 days. Document filed by Villency Design Group, L.L.C. Filing fee $ 505.00, receipt number BNYSDC-24465843..(Doherty, Paul)
April 28, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #335 Notice of Appeal to the Federal Circuit,..(nd)
April 26, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #334 Notice of Appeal to the Federal Circuit, filed by VR Optics LLC were transmitted to the U.S. Court of Appeals. (tp)
April 26, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #334 Notice of Appeal to the Federal Circuit. (tp)
April 23, 2021 Opinion or Order Filing 334 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #112 Memorandum & Opinion, #308 Memorandum & Opinion,,,,,,,,,,,,,,,,,,,,,,, #333 Judgment on Attorney Fees,,,. Form 7 and Form 22 are due within 14 days. Document filed by VR Optics LLC. Filing fee $ 505.00, receipt number ANYSDC-24446875..(Hatten, James)
March 30, 2021 Opinion or Order Filing 333 JUDGMENT FOR ATTORNEY'S FEES AND COSTS in favor of Peloton Interactive, Inc. against VR Optics LLC in the amount of $5,476,898.80. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 30, 2021, Peloton's motion for attorney's fees is GRANTED. VDG must pay Peloton $4,299,163.56, plus nine percent interest calculated from March 15, 2018, in the amount of $1,177,735.24, for the reasonable attorney's fees, costs, and expenses Peloton incurred in defending against VRO's patent infringement claim and bringing its claims seeking declaratory judgment. The pending motions to seal are also GRANTED. All other claims in this case are dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/30/2021) (Attachments: #1 Right to Appeal) (km)
March 30, 2021 Opinion or Order Filing 332 OPINION AND ORDER: re: #311 LETTER MOTION to Seal Letter Motion for Leave to file under Seal Motion and Daubert materials addressed to Judge J. Paul Oetken from Steven G. Schortgen dated April 27, 2020. filed by Peloton Interactive, Inc., #312 LETTER MOTION to Seal Non-Party Microsofts Motion to Seal Its Highly Confidential Business Information addressed to Judge J. Paul Oetken from Jordan N. Malz dated April 27, 2020. filed by Microsoft Corporation, #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. filed by Peloton Interactive, Inc., #309 LETTER MOTION to Seal addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 04/27/2020. filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, Joseph Coffey. For the foregoing reasons, Pelotons motion for attorney's fees is GRANTED. VDG must pay Peloton $4,299,163.56, plus interest, for the reasonable attorney's fees, costs, and expenses Peloton incurred in defending against VROs patent infringement claim and bringing its claims seeking declaratory judgment. The pending motions to seal are also GRANTED. The Clerk of Court is directed to enter final judgment in favor of Peloton Interactive, Inc. against Villency Design Group, L.L.C. in the amount of $4,299,163.56, plus nine percent interest calculated from March 15, 2018. All other claims in this case are dismissed. The Clerk of Court is directed to close the motions at Docket Numbers 309, 311, 312, and 315, and to close this case. So Ordered. (Signed by Judge J. Paul Oetken on 3/30/2021) (js) Transmission to Orders and Judgments Clerk for processing.
March 30, 2021 Opinion or Order Terminate Transcript Deadlines (km)
September 11, 2020 Opinion or Order Filing 331 REPLY MEMORANDUM OF LAW in Support re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. . Document filed by Peloton Interactive, Inc...(Schortgen, Steven)
September 4, 2020 Opinion or Order Filing 330 DECLARATION of Janel Alania, Esq. in Opposition re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs.. Document filed by Villency Design Group, L.L.C..(Doherty, Paul)
September 4, 2020 Opinion or Order Filing 329 MEMORANDUM OF LAW in Opposition re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. . Document filed by Villency Design Group, L.L.C..(Doherty, Paul)
August 17, 2020 Opinion or Order Filing 328 ORDER granting #326 Letter Motion for Extension of Time. GRANTED. THIRD-PARTY DEFENDANT'S DEADLINE FOR FILING A SUBSTANTIVE RESPONSE TO THE MOTION FOR ATTORNEY'S FEES IS HEREBY EXTENDED TO SEPTEMBER 4, 2020. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
August 17, 2020 Opinion or Order Filing 327 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Steven Schortgen dated August 17, 2020 re: #326 LETTER MOTION for Extension of Time to file substantive response addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 08/14/2020. . Document filed by Peloton Interactive, Inc...(Schortgen, Steven)
August 14, 2020 Opinion or Order Filing 326 LETTER MOTION for Extension of Time to file substantive response addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 08/14/2020. Document filed by Villency Design Group, L.L.C..(Doherty, Paul)
August 7, 2020 Opinion or Order Filing 325 ORDER denying #323 Letter Motion for Leave to File Document. DENIED. THE COURT IS IN RECEIPT OF THIRD-PARTY PLAINTIFF'S JUNE 26, 2020, LETTER RESPONDING TO THIRD-PARTY DEFENDANT'S PROCEDURAL ARGUMENTS REGARDING THE MOTION FOR ATTORNEY'S FEES. THE COURT BELIEVES FURTHER BRIEFING ON THE PROCEDURAL ARGUMENTS TO BE UNNECESSARY AT THIS TIME. THIRD-PARTY DEFENDANT SHALL FILE A SUBSTANTIVE RESPONSE TO THE MOTION FOR ATTORNEY'S FEES ON OR BEFORE AUGUST 21, 2020. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
July 7, 2020 Opinion or Order Filing 324 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 07/07/2020 re: #323 LETTER MOTION for Leave to File Sur-sur-reply to Dkt 322 or in the alternative to Strike Dkt 322 addressed to Judge J. Paul Oetken from Steven G. Schortgen dated 7/2/2020. . Document filed by Villency Design Group, L.L.C..(Doherty, Paul)
July 2, 2020 Opinion or Order Filing 323 LETTER MOTION for Leave to File Sur-sur-reply to Dkt 322 or in the alternative to Strike Dkt 322 addressed to Judge J. Paul Oetken from Steven G. Schortgen dated 7/2/2020. Document filed by Peloton Interactive, Inc...(Schortgen, Steven)
June 30, 2020 Opinion or Order Filing 322 RESPONSE to Motion re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. . Document filed by Villency Design Group, L.L.C..(Doherty, Paul)
June 26, 2020 Opinion or Order Filing 321 REPLY to Response to Motion re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. . Document filed by Peloton Interactive, Inc...(Schortgen, Steven)
June 24, 2020 Opinion or Order Filing 320 RESPONSE to Motion re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. . Document filed by Villency Design Group, L.L.C..(Doherty, Paul)
June 16, 2020 Opinion or Order Filing 319 DECLARATION of Hisao Kushi in Support re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Invoice, #2 Exhibit 2 - Invoice, #3 Exhibit 3 - Invoice, #4 Exhibit 4 - Invoice, #5 Exhibit 5 - Invoice, #6 Exhibit 6 - Invoice, #7 Exhibit 7 - Invoice, #8 Exhibit 8 - Invoice, #9 Exhibit 9 - Invoice, #10 Exhibit 10 - Invoice, #11 Exhibit 11 - Invoice, #12 Exhibit 12 - Invoice, #13 Exhibit 13 - Invoice, #14 Exhibit 14 - Invoice, #15 Exhibit 15 - Invoice, #16 Exhibit 16 - Invoice, #17 Exhibit 17 - Invoice, #18 Exhibit 18 - Invoice, #19 Exhibit 19 - Invoice, #20 Exhibit 20 - Invoice, #21 Exhibit 21 - Invoice, #22 Exhibit 22 - Invoice, #23 Exhibit 23 - Invoice, #24 Exhibit 24 - Invoice, #25 Exhibit 25 - Invoice, #26 Exhibit 26 - Invoice, #27 Exhibit 27 - Invoice, #28 Exhibit 28 - Invoice, #29 Exhibit 29 - Invoice, #30 Exhibit 30 - Invoice, #31 Exhibit 31 - Invoice, #32 Exhibit 32 - Invoice, #33 Exhibit 33 - Invoice, #34 Exhibit 34 - Invoice, #35 Exhibit 35 - Invoice, #36 Exhibit 36 - Invoice, #37 Exhibit 37 - Invoice, #38 Exhibit 38 - Invoice, #39 Exhibit 39 - Invoice, #40 Exhibit 40 - Invoice, #41 Exhibit 41 - Invoice, #42 Exhibit 42 - Invoice, #43 Exhibit 43 - Invoice, #44 Exhibit 44 - Invoice, #45 Exhibit 45 - Invoice, #46 Exhibit 46 - Invoice, #47 Exhibit 47 - Invoice, #48 Exhibit 48 - Invoice, #49 Exhibit 49 - Invoice, #50 Exhibit 50 - Invoice, #51 Exhibit 51 - Invoice, #52 Exhibit 52 - Invoice, #53 Exhibit 53 - Invoice, #54 Exhibit 54 - Invoice, #55 Exhibit 55 - Invoice, #56 Exhibit 56 - Invoice, #57 Exhibit 57 - Invoice HO00338818, #58 Exhibit 58 - Invoice HO00343985, #59 Exhibit 59 - Invoice HO00348489, #60 Exhibit 60 - Invoice HO00353238, #61 Exhibit 61 - Invoice SM0101, #62 Exhibit 62 - Invoice SM0102, #63 Exhibit 63 - Invoice SM0103, #64 Exhibit 64 - Invoice SM0104, #65 Exhibit 65 - Invoice 34496, #66 Exhibit 66 - Invoice 35505, #67 Exhibit 67 - Invoice 36042, #68 Exhibit 68 - Invoice 36342, #69 Exhibit 69 - Invoice 36650, #70 Exhibit 70 - Invoice 36948, #71 Exhibit 71 - Invoice 37235).(Schortgen, Steven)
June 16, 2020 Opinion or Order Filing 318 DECLARATION of Jonathan Hangartner in Support re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Invoice, #2 Exhibit 2 - Invoice, #3 Exhibit 3 - Invoice, #4 Exhibit 4 - Invoice, #5 Exhibit 5 - Invoice, #6 Exhibit 6 - Invoice, #7 Exhibit 7 - Invoice, #8 Exhibit 8 - Invoice, #9 Exhibit 9 - Invoice, #10 Exhibit 10 - Invoice, #11 Exhibit 11 - Invoice, #12 Exhibit 12 - Invoice, #13 Exhibit 13 - Invoice, #14 Exhibit 14 - Invoice, #15 Exhibit 15 - Invoice, #16 Exhibit 16 - Invoice, #17 Exhibit 17 - Invoice, #18 Exhibit 18 - Invoice, #19 Exhibit 19 - Invoice, #20 Exhibit 20 - Invoice, #21 Exhibit 21 - Invoice, #22 Exhibit 22 - Invoice, #23 Exhibit 23 - Invoice, #24 Exhibit 24 - Invoice, #25 Exhibit 25 - Invoice, #26 Exhibit 26 - Invoice, #27 Exhibit 27 - Invoice, #28 Exhibit 28 - Summary table).(Schortgen, Steven)
June 16, 2020 Opinion or Order Filing 317 DECLARATION of Steven G. Schortgen in Support re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Invoice, #2 Exhibit 2 - Invoice, #3 Exhibit 3 - Invoice, #4 Exhibit 4 - Invoice, #5 Exhibit 5 - Invoice, #6 Exhibit 6 - Invoice, #7 Exhibit 7 - Invoice, #8 Exhibit 8 - Invoice, #9 Exhibit 9 - Invoice, #10 Exhibit 10 - Invoice, #11 Exhibit 11 - Invoice, #12 Exhibit 12 - Invoice, #13 Exhibit 13 - Invoice, #14 Exhibit 14 - Invoice, #15 Exhibit 15 - Invoice, #16 Exhibit 16 - Invoice, #17 Exhibit 17 - Invoice, #18 Exhibit 18 - Invoice, #19 Exhibit 19 - Invoice, #20 Exhibit 20 - Invoice, #21 Exhibit 21 - Invoice, #22 Exhibit 22 - Invoice, #23 Exhibit 23 - Invoice, #24 Exhibit 24 - Invoice, #25 Exhibit 25 - Invoice, #26 Exhibit 26 - Invoice, #27 Exhibit 27 - Invoice, #28 Exhibit 28 - Invoice, #29 Exhibit 29 - Invoice).(Schortgen, Steven)
June 16, 2020 Opinion or Order Filing 316 MEMORANDUM OF LAW in Support re: #315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. . Document filed by Peloton Interactive, Inc...(Schortgen, Steven)
June 16, 2020 Opinion or Order Filing 315 MOTION for Attorney Fees Notice of Motion Attorney fees and costs. Document filed by Peloton Interactive, Inc...(Schortgen, Steven)
April 27, 2020 Opinion or Order Filing 314 ***SELECTED PARTIES***DECLARATION of Jordan N. Malz re: #312 LETTER MOTION to Seal Non-Party Microsofts Motion to Seal Its Highly Confidential Business Information addressed to Judge J. Paul Oetken from Jordan N. Malz dated April 27, 2020. . Document filed by Microsoft Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit)Motion or Order to File Under Seal: #312 .(Malz, Jordan)
April 27, 2020 Opinion or Order Filing 313 ***SELECTED PARTIES***DECLARATION of Jennifer Ayers in Support re: #311 LETTER MOTION to Seal Letter Motion for Leave to file under Seal Motion and Daubert materials addressed to Judge J. Paul Oetken from Steven G. Schortgen dated April 27, 2020.. Document filed by Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit Doc.197/268 Peloton SOF, #2 Exhibit Doc. 198/269 Pelotom MSJ, #3 Exhibit Doc 228/286, #4 Exhibit Doc227/279, #5 Exhibit Doc 243/295, #6 Exhibit Doc 200/277, #7 Exhibit Doc 201/278, #8 Exhibit Doc 232/305, #9 Exhibit Doc 231/306, #10 Exhibit Doc 246/397, #11 Exhibit Doc 209/270, #12 Exhibit Doc 221/290, #13 Exhibit Doc 225/291, #14 Exhibit Doc 250/273, #15 Exhibit Doc 177/260, #16 Exhibit Doc 220/292, #17 Exhibit Doc 244/296, #18 Exhibit Doc 216/288, #19 Exhibit Doc 215/284, #20 Exhibit Bakewell Rpt part 1 of 3, #21 Exhibit Bakewell Rpt part 2 of 3, #22 Exhibit Bakewell Rpt part 3 of 3, #23 Exhibit Lenz 3/1/2019 rpt, #24 Exhibit Peterson 3/1/19 rpt, #25 Exhibit Rawls 4/1/19 rpt, #26 Exhibit Cofffey Depo excerpts, #27 Exhibit Cortese Depo excerpts, #28 Exhibit Feng Depo excerpts, #29 Exhibit Foley depo excerpts, #30 Exhibit Kushi Depo excerpts, #31 Exhibit Lenz depo excerpts, #32 Exhibit Milstein depo excerpts, #33 Exhibit Peterson depo excerpts, #34 Exhibit Rawls depo excerpts, #35 Exhibit Stanton depo excerpts, #36 Exhibit Villency depo excerpts, #37 Exhibit JJ Doc 204/275, #38 Exhibit PP Doc 204/275, #39 Exhibit 3 Doc 226/276, #40 Exhibit 4 Doc 226/276, #41 Exhibit 6 Doc 226/276, #42 Exhibit L&Q, #43 Exhibit 6 Doc 233/307, #44 Exhibit 9 Doc 233/307, #45 Exhibit 17 Doc 233/307, #46 Exhibit 18 Doc 208/262, #47 Exhibit 19 Doc 208/262, #48 Exhibit 20 Doc 208/262, #49 Exhibit 21 Doc 208/262, #50 Exhibit 22 Doc 208/262, #51 Exhibit 24 Doc 208/262, #52 Exhibit 25 Doc 208/262, #53 Exhibit 26 Doc 208/262, #54 Exhibit 27 Doc 208/262, #55 Exhibit 28 Doc 208/262, #56 Exhibit 29 Doc 208/262, #57 Exhibit 31 Doc 208/262, #58 Exhibit 32 Doc 208/262, #59 Exhibit 33 Doc 208/262, #60 Exhibit 38 Doc 208/262, #61 Exhibit 44 Doc 208/262, #62 Exhibit 48 Doc 208/262, #63 Exhibit 61 Doc 208/262, #64 Exhibit SS Doc 224/293, #65 Exhibit XXX Doc 224/293, #66 Exhibit ZZZ Doc 224/293, #67 Exhibit BBBB Doc 224/293, #68 Exhibit CCCC Doc 224/293, #69 Exhibit FFFF Doc 224/293, #70 Exhibit GGGG Doc 224/293, #71 Exhibit HHHH Doc 224/293, #72 Exhibit IIII Doc 224/293, #73 Exhibit JJJJ Doc 224/293, #74 Exhibit KKKK Doc 224/293, #75 Exhibit LLLL Doc 224/293, #76 Exhibit MMMM Doc 224/293, #77 Exhibit NNNN Doc 224/293, #78 Exhibit OOOO Doc 224/293, #79 Exhibit 1 Doc 253/274, #80 Exhibit 2 Doc 253/274, #81 Exhibit 3 Doc 253/274, #82 Exhibit O Doc 186/261, #83 Exhibit Doc 222/294, #84 Exhibit H Doc 222/294, #85 Exhibit G Doc 240/302, #86 Exhibit H Doc 240/302)Motion or Order to File Under Seal: #311 .(Schortgen, Steven)
April 27, 2020 Opinion or Order Filing 312 LETTER MOTION to Seal Non-Party Microsofts Motion to Seal Its Highly Confidential Business Information addressed to Judge J. Paul Oetken from Jordan N. Malz dated April 27, 2020. Document filed by Microsoft Corporation. (Attachments: #1 Hoggard Declaration).(Malz, Jordan)
April 27, 2020 Opinion or Order Filing 311 LETTER MOTION to Seal Letter Motion for Leave to file under Seal Motion and Daubert materials addressed to Judge J. Paul Oetken from Steven G. Schortgen dated April 27, 2020. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Chart of Sealed Materials).(Schortgen, Steven)
April 27, 2020 Opinion or Order Filing 310 ***SELECTED PARTIES***DECLARATION of Paul S. Doherty III, Esq. in Support re: #309 LETTER MOTION to Seal addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 04/27/2020.. Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-Peloton Statement, #2 Exhibit 2-Peloton Mem. of Law, #3 Exhibit 3-Peloton Counterstatement, #4 Exhibit 4-VDG Counterstatement, #5 Exhibit 5-Pages from Ex. G, #6 Exhibit 6A-Ex JJ-1, #7 Exhibit 6B-Ex JJ-2, #8 Exhibit 7-Ex OO, #9 Exhibit 8-Ex PP, #10 Exhibit 9-Ex ZZ, #11 Exhibit 10-Ex AAA, #12 Exhibit 11-Ex BBB, #13 Exhibit 12-Ex CCC, #14 Exhibit 13-Ex DDD, #15 Exhibit 14-Ex EEE, #16 Exhibit 15-Excerpts from Report, #17 Exhibit 16-Excerpts from Report, #18 Exhibit 17-Agreement, #19 Exhibit 18-Agreement, #20 Exhibit 19-Agreement)Motion or Order to File Under Seal: #309 .(Doherty, Paul)
April 27, 2020 Opinion or Order Filing 309 LETTER MOTION to Seal addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 04/27/2020. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C..(Doherty, Paul)
April 2, 2020 Opinion or Order Filing 308 OPINION AND ORDER: re: #223 LETTER MOTION to Seal Document #220 Memorandum of Law in Opposition to Motion, #222 Declaration in Opposition to Motion,,,, addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 1, 2019. filed by VR Optics LLC, #207 MOTION for Summary Judgment . filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, Joseph Coffey, #229 LETTER MOTION to Seal Document #211 Response in Opposition to Motion, #224 Declaration in Opposition to Motion,, #217 Declaration in Opposition to Motion,,,,, #212 Declaration in Opposition to Motion,, #214 Declaration in Opposition to Mot filed by Peloton Interactive, Inc., #195 LETTER MOTION to Seal Document #192 Memorandum of Law in Support of Motion, #193 Declaration in Support of Motion,,,,, addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. filed by VR Optics LLC, #178 LETTER MOTION to Seal Document #174 Memorandum of Law in Support of Motion, #175 Declaration in Support of Motion, addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. filed by VR Optics LLC, #254 LETTER MOTION to Seal Document #249 Reply Memorandum of Law in Support of Motion, #243 Reply Memorandum of Law in Support of Motion, #246 Response, #244 Reply Memorandum of Law in Support of Motion, #251 Reply Memorandum of Law in Support filed by Peloton Interactive, Inc., #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. filed by Peloton Interactive, Inc., #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. filed by Peloton Interactive, Inc., #189 LETTER MOTION to Seal Document #184 Memorandum of Law in Support of Motion, #179 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 07/01/2019. filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, Joseph Coffey, #230 LETTER MOTION to Seal Document #226 Declaration in Opposition to Motion,, #228 Counter Statement to Rule 56.1, #227 Memorandum of Law in Opposition to Motion, addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 08/01/ filed by Villency Design Group, L.L.C, Eric Villency, Joseph Coffey, #256 LETTER MOTION to Seal Document #250 Reply Memorandum of Law in Support of Motion, #253 Declaration in Support of Motion,, addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 08/15/2019. filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, Joseph Coffey, #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. filed by Peloton Interactive, Inc., #234 LETTER MOTION to Seal Document #231 Memorandum of Law in Opposition to Motion, #233 Declaration in Opposition to Motion,,,,, #232 Counter Statement to Rule 56.1 addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 1 filed by VR Optics LLC, #185 LETTER MOTION to Seal Document #182 Declaration in Support of Motion, #181 Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. filed by VR Optics LLC, #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. filed by Peloton Interactive, Inc., #219 LETTER MOTION to Seal Document #218 Declaration in Opposition to Motion,,, #216 Memorandum of Law in Opposition to Motion addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 1, 2019. filed by VR Optics LLC, #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. filed by VR Optics LLC, #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin. filed by VR Optics LLC, #203 LETTER MOTION to Seal Document #201 Memorandum of Law in Support of Motion, #186 Declaration in Support of Motion, #188 Memorandum of Law in Support of Motion, #191 Declaration in Support of Motion, #202 Declaration,, #200 Rule 56.1 Stat filed by Peloton Interactive, Inc., #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. filed by VR Optics LLC, #241 LETTER MOTION to Seal Document #239 Reply Memorandum of Law in Support of Motion, #240 Declaration in Support of Motion,,, addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 15, 2019. filed by VR Optics LLC, #255 LETTER MOTION to Seal Document #252 Declaration in Support of Motion, #248 Reply Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 15, 2019. filed by VR Optics LLC. For the foregoing reasons, Defendants motion for summary judgment of noninfringement and invalidity is GRANTED. Defendant's motion to exclude the testimony of Steven Lenz is GRANTED in part and DENIED in part as moot. Third-Party Plaintiff's motion for summary judgment is GRANTED in part and DENIED in part. Third-Party Defendants' motion for summary judgment is GRANTED in part and DENIED in part. The remaining evidentiary motions are DENIED as moot. The motions to seal are DENIED without prejudice to renewal. The Clerk of Court is directed to close the motions at Docket Numbers 172, 173, 178, 180, 185, 187, 189, 190, 195, 196, 199, 203, 207, 219, 223, 229, 230, 234, 241, 254, 255, and 256. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/2/2020) (js)
March 4, 2020 Opinion or Order Filing 307 ***SELECTED PARTIES***DECLARATION of James B. Hatten in Opposition re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit 1 - Excerpts of Deposition of Yony Feng, #2 Exhibit 2 - Excerpts of Deposition of Steven M. Lenz, #3 Exhibit 3 - Excerpts of Deposition of Tom Cortese, #4 Exhibit 4 - Expert Report of R. Lee Rawls, #5 Exhibit 5 - Excerpts of Deposition of R. Lee Rawls, #6 Exhibit 6 - Bates# Peloton109031, #7 Exhibit 7 - Correct Copy of Exhibit to Hisao Kushi Depo, #8 Exhibit 8 - Correct Copy of Excerpts to Graham Stanton Depo, #9 Exhibit 9 - Bates# Peloton021992, #10 Exhibit 10 - Bates# Peloton220860, #11 Exhibit 12 - Correct Copy of Expert Report of Steven M. Lenz - Part 1, #12 Exhibit 12 - Correct Copy of Expert Report of Steven M. Lenz - Part 2, #13 Exhibit 16 - Bates# Peloton107910, #14 Exhibit 17 - Bates# Peloton286558)Motion or Order to File Under Seal: #234 .(Hatten, James)
March 4, 2020 Opinion or Order Filing 306 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #234 .(Gannon, Michael)
March 4, 2020 Opinion or Order Filing 305 ***SELECTED PARTIES***COUNTER STATEMENT TO #200 Rule 56.1 Statement. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #234 .(Gannon, Michael)
March 4, 2020 Opinion or Order Filing 304 ***SELECTED PARTIES***DECLARATION of James B. Hatten in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A- Excerpts of the Deposition of R. Lee Rawls, #2 Exhibit B- Excerpts of the Deposition of Steven Lenz)Motion or Order to File Under Seal: #255 .(Hatten, James)
March 4, 2020 Opinion or Order Filing 303 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #255 .(Gannon, Michael)
March 4, 2020 Opinion or Order Filing 302 ***SELECTED PARTIES***DECLARATION of Charles C. Carson in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A- Excerpts of the Deposition of Christopher Bakewell, #2 Exhibit B- Excerpts of the Deposition of Mark Peterson, #3 Exhibit C- Excerpts of the Deposition of Geoff Hoggard, #4 Exhibit D- Excerpts of the Deposition of Thomas Cortese, #5 Exhibit E- Excerpts of the Deposition of Hisao Kushi, #6 Exhibit F- Excerpts of the Deposition of John Foley, #7 Exhibit G- Document Bearing Bates Number PELOTON0286633-34, #8 Exhibit H- Document Bearing Bates Number PELOTON0286674)Motion or Order to File Under Seal: #241 .(Carson, Charles)
March 4, 2020 Opinion or Order Filing 301 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #241 .(Gannon, Michael)
March 3, 2020 Opinion or Order Filing 300 ***SELECTED PARTIES***DECLARATION of Paul S. Doherty III, Esq. in Support re: #207 MOTION for Summary Judgment .. Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-Patent Settlement and License Agreement, #2 Exhibit 2-Confidential Settlement and Release Agreement, #3 Exhibit 3-Email from John Foley, #4 Exhibit 4-Excerpts from Foley Deposition, #5 Exhibit 5-Excerpts from Kushi Deposition, #6 Exhibit 6-First Amended Complaint for Patent Infringement)Motion or Order to File Under Seal: #256 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 299 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #254 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 298 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #254 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 297 ***SELECTED PARTIES*** RESPONSE re: #232 Counter Statement to Rule 56.1 . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #254 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 296 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #254 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 295 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #254 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 294 ***SELECTED PARTIES***DECLARATION of Charles C. Carson in Opposition re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A - Expert Report of Mark Peterson, #2 Exhibit B - Excerpts of Deposition of Mark Peterson, #3 Exhibit C - Expert Report of Seven M. Lenz - Part 1, #4 Exhibit C - Expert Report of Steven M. Lenz - Part 2, #5 Exhibit D - Excerpts of Deposition of Steven M. Lenz, #6 Exhibit F - Documents Bearing Bates Numbers Peloton0286635-Peloton0286673, #7 Exhibit G - Excerpts of Deposition of Thomas Cortese, #8 Exhibit H - Peterson Deposition)Motion or Order to File Under Seal: #223 .(Carson, Charles)
March 3, 2020 Opinion or Order Filing 293 ***SELECTED PARTIES***DECLARATION of Jennifer Ayers in Opposition re: #207 MOTION for Summary Judgment .. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit PPP - Coffey depo excerpts, #2 Exhibit RRR - Milstein Depo excerpts, #3 Exhibit SSS - Milstein dep ex 6, #4 Exhibit TTT - Stanton depo excerpts, #5 Exhibit UUU - Foley depo excerpts, #6 Exhibit VVV - Villency depo excerpts, #7 Exhibit XXX, #8 Exhibit YYY, #9 Exhibit ZZZ, #10 Exhibit AAAA, #11 Exhibit BBBB, #12 Exhibit CCCC, #13 Exhibit DDDD - Cortese depo excerpts, #14 Exhibit EEEE, #15 Exhibit FFFF - Milstein dep ex 11, #16 Exhibit GGGG - Cortese Dep Ex 18, #17 Exhibit HHHH - Milstein dep ex 5, #18 Exhibit IIII, #19 Exhibit JJJJ, #20 Exhibit KKKK, #21 Exhibit LLLL, #22 Exhibit MMMM, #23 Exhibit NNNN, #24 Exhibit OOOO, #25 Exhibit QQQQ - Hoggard depo excerpts, #26 Exhibit RRRR - Rawls Invalidity rpt)Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 292 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #223 .(Gannon, Michael)
March 3, 2020 Opinion or Order Filing 291 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #207 MOTION for Summary Judgment . . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 290 ***SELECTED PARTIES***COUNTER STATEMENT TO #209 Rule 56.1 Statement. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 289 ***SELECTED PARTIES***DECLARATION of Charles C. Carson in Opposition re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A- Expert Report of Steven M. Lenz, #2 Exhibit B- Excerpts of the Deposition of Steven M. Lenz, #3 Exhibit C- Excerpts of the Expert Report of R. Lee Rawls, #4 Exhibit D- Excerpets of the Deposition of Steven M. Lenz, #5 Exhibit E- Part 1 Expert Report of Steven M. Lenz, #6 Exhibit E- Part 2, #7 Exhibit F- Excerpts of the Deposition of R. Lee Rawls)Motion or Order to File Under Seal: #219 .(Carson, Charles)
March 3, 2020 Opinion or Order Filing 288 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #219 .(Gannon, Michael)
March 3, 2020 Opinion or Order Filing 287 ***SELECTED PARTIES***DECLARATION of Jennifer Ayers in Opposition re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit 1 - McClure depo excerpts, #2 Exhibit 3 - McClure Agmt, #3 Exhibit 4 - Microsoft Agmt, #4 Exhibit 5 - Hoggard depo excerpts, #5 Exhibit 6 - Hoggard Ex 8, #6 Exhibit 7 - Hoggard Ex 5, #7 Exhibit 8 - Ovidian email, #8 Exhibit 9 - Ovidian email, #9 Exhibit 11 - Villency Depo excerpts, #10 Exhibit 12 - Villency dep ex 18, #11 Exhibit 13 - Villency dep ex 20, #12 Exhibit 14 - Coffey dep ex 8, #13 Exhibit 15 - Foley depo excerpts, #14 Exhibit 16 - Coffey depo excerpts, #15 Exhibit 18 - Microsoft email, #16 Exhibit 19 - Coffey dep ex 12, #17 Exhibit 20 - Hoggard Dep Ex 12, #18 Exhibit 21 - Hoggard Dep Ex 17, #19 Exhibit 22 - Hoggard Dep Ex 16, #20 Exhibit 23 - Hoggard Dep Ex 18, #21 Exhibit 24 - Hoggard Dep Ex 19, #22 Exhibit 25 - Hoggard Dep Ex 29, #23 Exhibit 26 - Hoggard Dep Ex 25, #24 Exhibit 27 - Hoggard Dep Ex 31, #25 Exhibit 28 - Microsoft email, #26 Exhibit 29 - Coffey Dep ex 15, #27 Exhibit 30 - Bakewell depo excerpts, #28 Exhibit 31 - Peterson expert rpt w/o exhibits)Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 286 ***SELECTED PARTIES***COUNTER STATEMENT TO #197 Rule 56.1 Statement. Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C, Peloton Interactive, Inc., VR Optics LLC(a Delaware corporation). Motion or Order to File Under Seal: #230 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 285 ***SELECTED PARTIES***DECLARATION of James B. Hatten in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A - Expert Witness Report of R. Lee Rawls, #2 Exhibit C - Excerpts of Deposition of R. Lee Rawls, #3 Exhibit D - Excerpts of Deposition of R. Lee Rawls, #4 Exhibit U - Excerpts of Deposition of Richard M. Goodin)Motion or Order to File Under Seal: #195 .(Hatten, James)
March 3, 2020 Opinion or Order Filing 284 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. . Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 283 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #195 .(Gannon, Michael)
March 3, 2020 Opinion or Order Filing 282 ***SELECTED PARTIES***DECLARATION of Galyn Gafford in Opposition re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls.. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A - Lenz 3/1/19 expert rpt, #2 Exhibit B - Rawls depo excerpts, #3 Exhibit D - Lenz 4/18/19 depo excerpts, #4 Exhibit E - Lenz 5/1/19 depo excerpts)Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 281 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. per Judge's order docket 259. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #229 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 280 ***SELECTED PARTIES***DECLARATION of Galyn Gafford in Support re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity.. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit C - Lenz 3/1/19 expert rpt, #2 Exhibit D - Lenz 4/18/19 depo excerpts, #3 Exhibit E - Lenz 5/1/19 depo excerpts, #4 Exhibit L - parts list, #5 Exhibit M - Cortese depo excerpts, #6 Exhibit N - Feng Depo excerpts, #7 Exhibit R - Lenz 4/1/19 rebuttal rpt)Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 279 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. . Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C, Peloton Interactive, Inc., VR Optics LLC(a Delaware corporation). Motion or Order to File Under Seal: #230 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 278 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. per Judge's order dkt 259. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 277 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 276 ***SELECTED PARTIES***DECLARATION of Paul S. Doherty III, Esq. in Opposition re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY.. Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-Cortese Deposition Excerpts, #2 Exhibit 2-Milstein Deposition Excerpts, #3 Exhibit 3-Email, #4 Exhibit 4-Email, #5 Exhibit 5-Letter, #6 Exhibit 6-Email)Motion or Order to File Under Seal: #230 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 275 ***SELECTED PARTIES***DECLARATION of Steven G. Schortgen in Support re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY.. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A - Foley Depo excerpts, #2 Exhibit B - Cortese Depo excerpts, #3 Exhibit C -Cortese Ex 2, #4 Exhibit D - Kushi Depo excerpts, #5 Exhibit E - Villency Depo excerpts, #6 Exhibit G - part 1 of 2, #7 Exhibit G - part 2 of 2, #8 Exhibit H - Coffey Depo excerpts, #9 Exhibit P - Lenz 3/1/19 expert rpt, #10 Exhibit S - Villency Ex 18, #11 Exhibit T - Villency Ex 20, #12 Exhibit U - Coffey Ex 8, #13 Exhibit V - Coffey Ex 9, #14 Exhibit X - Coffey Ex 11, #15 Exhibit Y - Coffey Ex 12, #16 Exhibit Z - Coffey Ex 13, #17 Exhibit AA - Coffey Ex 13A, #18 Exhibit BB - Coffey Ex 14, #19 Exhibit CC - Coffey Ex 15, #20 Exhibit DD - Hoggard Depo excerpts, #21 Exhibit EE - Coffey Ex 16, #22 Exhibit FF - Microsoft email, #23 Exhibit GG - confidential email, #24 Exhibit HH - confidential email, #25 Exhibit II - NDA, #26 Exhibit JJ - confidential email, #27 Exhibit KK - confidential email, #28 Exhibit LL - confidential email, #29 Exhibit MM - confidential email, #30 Exhibit NN - confidential email, #31 Exhibit OO - confidential email, #32 Exhibit PP - confidential email, #33 Exhibit QQ - confidential email, #34 Exhibit RR - ltr from counsel, #35 Exhibit SS - confidential email, #36 Exhibit TT - confidential email, #37 Exhibit UU - confidential email, #38 Exhibit VV - confidential email, #39 Exhibit WW - confidential email, #40 Exhibit XX - confidential email, #41 Exhibit YY - Ltr from counsel, #42 Exhibit ZZ - Balance sheet, #43 Exhibit AAA - Balance Sheet, #44 Exhibit BBB - Balance sheet, #45 Exhibit CCC - Balance sheet, #46 Exhibit DDD - Balance sheet, #47 Exhibit EEE - Coffey Ex 21, #48 Exhibit FFF - Coffey Ex 17, #49 Exhibit HHH - Lenz 4/18/19 Depo excerpts, #50 Exhibit MMM - Feng Depo excerpts, #51 Exhibit NNN - Peterson 3/1/19 expert Rpt)Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 274 ***SELECTED PARTIES***DECLARATION of Paul S. Doherty III, Esq. in Support re: #207 MOTION for Summary Judgment .. Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-Patent Settlement and License Agreement, #2 Exhibit 2-Confidential Settlement and Release Agreement, #3 Exhibit 3-Email from John Foley, #4 Exhibit 4-Excerpts from Foley Deposition, #5 Exhibit 5-Excerpts from Kushi Deposition)Motion or Order to File Under Seal: #256 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 273 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #207 MOTION for Summary Judgment . . Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #256 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 272 ***SELECTED PARTIES***DECLARATION of James B. Hatten in Support re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit B- Excerpts of the Deposition of Richard M. Goodin)Motion or Order to File Under Seal: #185 .(Hatten, James)
March 3, 2020 Opinion or Order Filing 271 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #185 .(Gannon, Michael)
March 3, 2020 Opinion or Order Filing 270 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #189 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 269 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. per Judge's order docket 259. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 268 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 267 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #207 MOTION for Summary Judgment . per Judge's Order (Doc. 289). Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #189 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 266 ***SELECTED PARTIES***DECLARATION of James B. Hatten in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A- Part 1 Expert Report of Christopher Bakewell, #2 Exhibit A- Part 2, #3 Exhibit A- Part 3, #4 Exhibit A- Part 4, #5 Exhibit B- Document Bearing Bates Stamp MSFT-00000253_0001 - MSFT-00000253_0002, #6 Exhibit C- Document Bearing Bates Stamp OVIDIAN_000062 - OVIDIAN_000069, #7 Exhibit D- Excerpts of Transcript of Deposition of Christopher Bakewell, #8 Exhibit E- Excerpts of Transcript of the Deposition of Geoffrey Hoggard, #9 Exhibit F- Documents Bearing Bates Stamp MSFT-00000172_0001 - MSFT-00000253_0005)Motion or Order to File Under Seal: #178 .(Hatten, James)
March 3, 2020 Opinion or Order Filing 265 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. . Document filed by VR Optics LLC, Joseph Coffey, Peloton Interactive, Inc., Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #178 .(Gannon, Michael)
March 3, 2020 Opinion or Order Filing 264 ***SELECTED PARTIES***DECLARATION of Galyn Gafford in Support re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz.. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit B - Lenz 4/1/19 Expert Rebuttal Rpt, #2 Exhibit E - Lenz 5/1/19 depo excerpts, #3 Exhibit F - Lenz 3/1/19 expert rpt, #4 Exhibit G - Lenz 4/18/19 depo excerpts, #5 Exhibit H - Foley depo excerpts, #6 Exhibit I - Cortese depo excerpts)Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 263 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. per Judge's order docket 259. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 262 ***SELECTED PARTIES***DECLARATION of Paul S. Doherty III, Esq. in Support re: #207 MOTION for Summary Judgment .. Document filed by Joseph Coffey, Eric Villency, VR Optics LLC(a Delaware corporation), Villency Design Group, L.L.C, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-10, #3 Exhibit 11-15, #4 Exhibit 16-20, #5 Exhibit 21-25, #6 Exhibit 26-30, #7 Exhibit 31-32, #8 Exhibit 33, #9 Exhibit 34-40, #10 Exhibit 41-45, #11 Exhibit 46-50, #12 Exhibit 51-55, #13 Exhibit 56-60, #14 Exhibit 61-65)Motion or Order to File Under Seal: #189 .(Doherty, Paul)
March 3, 2020 Opinion or Order Filing 261 ***SELECTED PARTIES***DECLARATION of Steven G. Schortgen in Support re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson.. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A - 3/1/19 Peterson expert rpt, #2 Exhibit B - Peterson Depo excerpts, #3 Exhibit C - Foley Depo excerpts, #4 Exhibit D - Stanton Depo excertps, #5 Exhibit E - Lenz 3/1/19 expert rpt, #6 Exhibit F - Lenz 4/18/19 Depo excerpts, #7 Exhibit G - Lenz 5/1/19 Depo excerpts, #8 Exhibit I - Hoggard depo excerpts, #9 Exhibit J - Hoggard Ex 5, #10 Exhibit K - Coffey Depo excerpts, #11 Exhibit L - Hoggard Ex. 30, #12 Exhibit M - Coffey Ex. 17, #13 Exhibit N - July 2012 investor pitch, #14 Exhibit O - Member Engagement, #15 Exhibit P - Bain & Co draft rpt, #16 Exhibit Q - Peloton Bike parts list)Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
March 3, 2020 Opinion or Order Filing 260 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. per Judge's order docket 259. Document filed by Peloton Interactive, Inc., Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. Motion or Order to File Under Seal: #203 .(Schortgen, Steven)
February 21, 2020 Opinion or Order Filing 259 ORDER. In light of ECF's new sealed-filing functionality, the Court has updated its Individual Practices. The parties are directed to consult paragraph 2.E of the Court's Individual Practices, as well as Section 6 of the SDNY Electronic Case Filing Rules and Instructions. In accordance with the practices set out therein, the parties are directed to file any proposed redacted documents, in un-redacted form but with proposed redactions highlighted, on ECF. Do not re-file the already pending motions to seal. Instead, file only the proposed redacted or sealed documents, which were previously emailed to chambers, and electronically relate them to the relevant, pending motion. For assistance, the parties may contact the ECF Help Desk at helpdesk@nysd.uscourts.gov or call (212) 805-0136 during business hours. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/21/2020) (rjm)
December 20, 2019 Opinion or Order Filing 258 MEMO ENDORSEMENT on re: #257 Letter, filed by Peloton Interactive, Inc. Peloton respectfully requests a temporary stay of all deadlines in the case, including pre-trial and trial. Counsel for Peloton has met and conferred with counsel for Plaintiff and the Third-Party Defendants. Neither Plaintiff nor the Third-Party Defendants oppose Peloton's request. ENDORSEMENT: The Court does not anticipate setting any new deadlines between now and March 2, 2020. Therefore the request for a "stay" is denied as moot. So ordered. (Signed by Judge J. Paul Oetken on 12/20/2019) (js)
December 10, 2019 Opinion or Order Filing 257 LETTER addressed to Judge J. Paul Oetken from Jennifer Klein Ayers dated December 10, 2019 re: Notice of Medical Leave and Request for Temporary Stay of Deadlines (including pre-trial and trial). Document filed by Peloton Interactive, Inc..(Ayers, Jennifer)
August 15, 2019 Opinion or Order Filing 256 LETTER MOTION to Seal Document #250 Reply Memorandum of Law in Support of Motion, #253 Declaration in Support of Motion,, addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 08/15/2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
August 15, 2019 Opinion or Order Filing 255 LETTER MOTION to Seal Document #252 Declaration in Support of Motion, #248 Reply Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 15, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
August 15, 2019 Opinion or Order Filing 254 LETTER MOTION to Seal Document #249 Reply Memorandum of Law in Support of Motion, #243 Reply Memorandum of Law in Support of Motion, #246 Response, #244 Reply Memorandum of Law in Support of Motion, #251 Reply Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated August 15, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
August 15, 2019 Opinion or Order Filing 253 DECLARATION of Paul S. Doherty, III in Support re: #207 MOTION for Summary Judgment .. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit 1 - Patent Settlement and License Agreement, #2 Exhibit 2 - Confidential Settlement and Release Agreement, #3 Exhibit 3 - Email from John Foley, #4 Exhibit 4 - Excerpts from Foley Deposition, #5 Exhibit 5 - Excerpts from Kushi Deposition, #6 Exhibit 6 - First Amended Complaint for Patent Infringement)(Doherty, Paul)
August 15, 2019 Opinion or Order Filing 252 DECLARATION of James B. Hatten in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A-Excerpts from the Deposition Transcript of R. Lee Rawls (Filed Under Seal), #2 Exhibit B-Excerpts from the Deposition Transcript of Steven Lenz (Filed Under Seal))(Hatten, James)
August 15, 2019 Opinion or Order Filing 251 REPLY MEMORANDUM OF LAW in Support re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 15, 2019 Opinion or Order Filing 250 REPLY MEMORANDUM OF LAW in Support re: #207 MOTION for Summary Judgment . . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
August 15, 2019 Opinion or Order Filing 249 REPLY MEMORANDUM OF LAW in Support re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 15, 2019 Opinion or Order Filing 248 REPLY MEMORANDUM OF LAW in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. (Redacted). Document filed by VR Optics LLC. (Gannon, Michael)
August 15, 2019 Opinion or Order Filing 247 DECLARATION of Galyn Gafford in Support re: #246 Response. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Y - Portion of Patent Application No. 11/057,541)(Schortgen, Steven)
August 15, 2019 Opinion or Order Filing 246 RESPONSE re: #232 Counter Statement to Rule 56.1 . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 15, 2019 Opinion or Order Filing 245 DECLARATION of James B. Hatten in Support re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A-Excerpts from the May 1, 2019 Deposition Transcript of Richard M. Goodin, #2 Exhibit B-Exhibit LR02, #3 Exhibit C-Exhibit LR201)(Hatten, James)
August 15, 2019 Opinion or Order Filing 244 REPLY MEMORANDUM OF LAW in Support re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 15, 2019 Opinion or Order Filing 243 REPLY MEMORANDUM OF LAW in Support re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. . Document filed by Peloton Interactive, Inc.. (Ayers, Jennifer)
August 15, 2019 Opinion or Order Filing 242 REPLY MEMORANDUM OF LAW in Support re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin. . Document filed by VR Optics LLC. (Gannon, Michael)
August 15, 2019 Opinion or Order Filing 241 LETTER MOTION to Seal Document #239 Reply Memorandum of Law in Support of Motion, #240 Declaration in Support of Motion,,, addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 15, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
August 15, 2019 Opinion or Order Filing 240 DECLARATION of Charles C. Carson in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A-Excerpts from the Deposition Transcript of Christopher Bakewell (Filed Under Seal), #2 Exhibit B-Excerpts from the Deposition Transcript of Mark Peterson (Filed Under Seal), #3 Exhibit C-Excerpts from the Deposition Transcript of Geoff Hoggard (Filed Under Seal), #4 Exhibit D-Excerpts from the Deposition Transcript of Thomas Cortese (Filed Under Seal), #5 Exhibit E-Excerpts from the Deposition Transcript of Hisao Kushi (Filed Under Seal), #6 Exhibit F-Excerpts from the Deposition Transcript of John Foley (Filed Under Seal), #7 Exhibit G-Document Bearing Bates Number PELOTON0286633-34 (Filed Under Seal), #8 Exhibit H-Document Bearing Bates Number PELOTON0286674 (Filed Under Seal))(Carson, Charles)
August 15, 2019 Opinion or Order Filing 239 REPLY MEMORANDUM OF LAW in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. (Redacted). Document filed by VR Optics LLC. (Gannon, Michael)
August 7, 2019 Opinion or Order Filing 238 ORDER granting in part and denying in part #166 Letter Motion to Compel; granting #167 Motion to Seal Document ; granting #169 Motion to Seal Document ; granting #171 Motion to Seal Document. The parties letter motions to file under seal the unredacted versions of their letters (Dkt. Nos. 167, 169, 171) are granted. The Clerk of Court is directed to close the motions at Docket Numbers 166, 167, 169, and 171. So Ordered. (Signed by Judge J. Paul Oetken on 8/6/2019) (js) Transmission to Sealed Records Clerk for processing.
August 2, 2019 Opinion or Order Filing 237 DECLARATION of James R. Hatten (Corrected) in Opposition re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit 1 - Excerpts from the transcript from the deposition of Yony Feng (Filed Under Seal), #2 Exhibit 2 - Excerpts from the transcript from the deposition of Steven M. Lenz (Filed Under Seal), #3 Exhibit 3 - Excerpts from the transcript from the deposition of Tom Cortese (Filed Under Seal), #4 Exhibit 4 - Expert Witness Report of R. Lee Rawls (Filed Under Seal), #5 Exhibit 5 - Excerpts of the deposition of R. Lee Rawls (Filed Under Seal), #6 Exhibit 6 - PELOTON109031 (Filed Under Seal), #7 Exhibit 7 - Exhibit 1 to the deposition of Hisao Kushi (Filed Under Seal), #8 Exhibit 8 - Excerpts from the transcript of the deposition of Graham Stanton (Filed Under Seal), #9 Exhibit 9 - PELOTON021966 (Filed Under Seal), #10 Exhibit 10 - PELOTON220860 (Filed Under Seal), #11 Exhibit 11 - 12-4-2018-VR- Extracted McClure Deposition Transcripts, #12 Exhibit 12 - Opening Expert Report of Steven M. Lenz (Filed Under Seal), #13 Exhibit 13 - EX 0001 Daniel R. McClure 120418, #14 Exhibit 14 - MC13-001358, #15 Exhibit 15 - 1-29-19-VR-Extracted Stewart Deposition Transcript, #16 Exhibit 16 - PELOTON265379 (Filed Under Seal), #17 Exhibit 17 - PELOTON0286558 (Filed Under Seal))(Hatten, James)
August 2, 2019 Opinion or Order Filing 236 DECLARATION of Galyn Gafford in Opposition re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Ex. A - Stewart Dep Excerpts, #2 Exhibit Ex. B - Stewart Dep. Ex. 2, #3 Exhibit Ex. C - Stewart Dep. Ex. 5, #4 Exhibit Ex. D - FitCentric Web page, #5 Exhibit Ex. E - Stewart subpoena, #6 Exhibit Ex. F - Goodin Expert Rpt, #7 Exhibit Ex. G - Goodin Dep excerpts, #8 Exhibit Ex. H - 5.3.19 Brown email to VRO, #9 Exhibit Ex. I - 5.6.19 Carson email to Peloton)(Ayers, Jennifer)
August 2, 2019 Opinion or Order Filing 235 RESPONSE in Opposition to Motion re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin. . Document filed by Peloton Interactive, Inc.. (Ayers, Jennifer)
August 2, 2019 Opinion or Order Filing 234 LETTER MOTION to Seal Document #231 Memorandum of Law in Opposition to Motion, #233 Declaration in Opposition to Motion,,,,, #232 Counter Statement to Rule 56.1 addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 1, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
August 2, 2019 Opinion or Order Filing 233 DECLARATION of James R. Hatten in Opposition re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit 1 - Excerpts from the transcript from the deposition of Yony Feng (Filed Under Seal), #2 Exhibit 2 - Excerpts from the transcript from the deposition of Steven M. Lenz (Filed Under Seal), #3 Exhibit 3 - Excerpts from the transcript from the deposition of Tom Cortese (Filed Under Seal), #4 Exhibit 4 - Expert Witness Report of R. Lee Rawls (Filed Under Seal), #5 Exhibit 5 - Excerpts of the deposition of R. Lee Rawls (Filed Under Seal), #6 Exhibit 6 - PELOTON109031 (Filed Under Seal), #7 Exhibit 7 - Exhibit 1 to the deposition of Hisao Kushi (Filed Under Seal), #8 Exhibit 8 - Excerpts from the transcript of the deposition of Graham Stanton (Filed Under Seal), #9 Exhibit 9 - PELOTON021966 (Filed Under Seal), #10 Exhibit 10 - PELOTON220860 (Filed Under Seal), #11 Exhibit 11 - 12-4-2018-VR- Extracted McClure Deposition Transcripts, #12 Exhibit 12 - Opening Expert Report of Steven M. Lenz (Filed Under Seal), #13 Exhibit 13 - EX 0001 Daniel R. McClure 120418, #14 Exhibit 14 - MC13-001358, #15 Exhibit 15 - 1-29-19-VR-Extracted Stewart Deposition Transcript, #16 Exhibit 16 - PELOTON265379 (Filed Under Seal), #17 Exhibit 17 - PELOTON0286558 (Filed Under Seal))(Hatten, James)
August 2, 2019 Opinion or Order Filing 232 COUNTER STATEMENT TO #200 Rule 56.1 Statement. Document filed by VR Optics LLC. (Gannon, Michael)
August 1, 2019 Opinion or Order Filing 231 MEMORANDUM OF LAW in Opposition re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. . Document filed by VR Optics LLC. (Gannon, Michael)
August 1, 2019 Opinion or Order Filing 230 LETTER MOTION to Seal Document #226 Declaration in Opposition to Motion,, #228 Counter Statement to Rule 56.1, #227 Memorandum of Law in Opposition to Motion, addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 08/01/2019. Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
August 1, 2019 Opinion or Order Filing 229 LETTER MOTION to Seal Document #211 Response in Opposition to Motion, #224 Declaration in Opposition to Motion,, #217 Declaration in Opposition to Motion,,,,, #212 Declaration in Opposition to Motion,, #214 Declaration in Opposition to Motion,, #215 Response in Opposition to Motion, #221 Counter Statement to Rule 56.1, #213 Response in Opposition to Motion, #225 Response in Opposition to Motion addressed to Judge J. Paul Oetken from Steven Schortgen dated August 1, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
August 1, 2019 Opinion or Order Filing 228 COUNTER STATEMENT TO #197 Rule 56.1 Statement. Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
August 1, 2019 Opinion or Order Filing 227 MEMORANDUM OF LAW in Opposition re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. . Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
August 1, 2019 Opinion or Order Filing 226 DECLARATION of Paul S. Doherty, III in Opposition re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY.. Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit 1 - Cortese Deposition Excerpts (Redacted), #2 Exhibit 2 - Milstein Deposition Excerpts (Redacted), #3 Exhibit 3 - Email (Redacted), #4 Exhibit 4 - Email (Redacted), #5 Exhibit 5 - Letter (Redacted), #6 Exhibit 6 - Email (Redacted))(Doherty, Paul)
August 1, 2019 Opinion or Order Filing 225 RESPONSE in Opposition to Motion re: #207 MOTION for Summary Judgment . . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 1, 2019 Opinion or Order Filing 224 DECLARATION of Jennifer Ayers in Opposition re: #207 MOTION for Summary Judgment .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit PPP, #2 Exhibit QQQ, #3 Exhibit RRR, #4 Exhibit SSS, #5 Exhibit TTT, #6 Exhibit UUU, #7 Exhibit VVV, #8 Exhibit WWW, #9 Exhibit XXX, #10 Exhibit YYY, #11 Exhibit ZZZ, #12 Exhibit AAAA, #13 Exhibit BBBB, #14 Exhibit CCCC, #15 Exhibit DDDD, #16 Exhibit EEEE, #17 Exhibit FFFF, #18 Exhibit GGGG, #19 Exhibit HHHH, #20 Exhibit IIII, #21 Exhibit JJJJ, #22 Exhibit KKKK, #23 Exhibit LLLL, #24 Exhibit MMMM, #25 Exhibit NNNN, #26 Exhibit OOOO, #27 Exhibit PPPP, #28 Exhibit QQQQ)(Schortgen, Steven)
August 1, 2019 Opinion or Order Filing 223 LETTER MOTION to Seal Document #220 Memorandum of Law in Opposition to Motion, #222 Declaration in Opposition to Motion,,,, addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 1, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
August 1, 2019 Opinion or Order Filing 222 DECLARATION of Charles C. Carson in Opposition re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A - Expert Report of Mark Peterson, served on March 1, 2019 (Filed Under Seal), #2 Exhibit B - Excerpts from the deposition transcript of Mark Peterson, dated April 16, 2019 (Filed Under Seal), #3 Exhibit C - Expert Report of Steven M. Lenz, dated March 1, 2019 (Filed Under Seal), #4 Exhibit D - Excerpts from the deposition transcript of Steven M. Lenz dated April 18, 2019 (Filed Under Seal), #5 Exhibit E- Amended Flywheel Complaint EDTexas 18-cv-00390, #6 Exhibit F - The Bain Study (Filed Under Seal), #7 Exhibit G - Excerpts from the deposition transcript of Thomas Cortese, dated January 9, 2019 (Filed Under Seal), #8 Exhibit H - Peterson Deposition Ex. 3 (Filed Under Seal), #9 Exhibit I - Weil, et.al Litigation Services Handbook The Role of the Financial Expert, 5th Ed.)(Carson, Charles)
August 1, 2019 Opinion or Order Filing 221 COUNTER STATEMENT TO #209 Rule 56.1 Statement. Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 1, 2019 Opinion or Order Filing 220 MEMORANDUM OF LAW in Opposition re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. . Document filed by VR Optics LLC. (Gannon, Michael)
August 1, 2019 Opinion or Order Filing 219 LETTER MOTION to Seal Document #218 Declaration in Opposition to Motion,,, #216 Memorandum of Law in Opposition to Motion addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 1, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
August 1, 2019 Opinion or Order Filing 218 DECLARATION of Charles C. Carson in Opposition re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A - Expert Report of Steven M. Lenz, dated April 1, 2019 (Filed Under Seal), #2 Exhibit B - Excerpts from the deposition transcript of Steven M. Lenz dated May1, 2019 ( Filed Under Seal), #3 Exhibit C - Excerpts of the Expert Report of R. Lee Rawls dated April 1, 2019 (Filed Under Seal), #4 Exhibit D - Excerpts from the deposition transcript of Steven M. Lenz dated April 18, 2019 (Filed Under Seal), #5 Exhibit E - Expert Report of Steven M. Lenz, dated March 1, 2019 (Filed Under Seal), #6 Exhibit F - Excerpts from the deposition transcript of R. Lee Rawls dated April 25-26, 2019 (Filed Under Seal))(Carson, Charles)
August 1, 2019 Opinion or Order Filing 217 DECLARATION of Jennifer Ayers in Opposition re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - McClure Dep excerpts, #2 Exhibit 2 - Patent, #3 Exhibit 3 - McClure Agmt, #4 Exhibit 4 - Microsoft Agmt, #5 Exhibit 5 - Hoggard Dep Excerpts, #6 Exhibit 6 - Hoggard Dep Ex. 8, #7 Exhibit 7 - Hoggard Dep Ex. 5, #8 Exhibit 8 - Ovidian_000004, #9 Exhibit 9 - Ovdian_000062, #10 Exhibit 10 - Hoggard Dep Ex. 4, #11 Exhibit 11 - Villency Dep excerpts, #12 Exhibit 12 - Villency Dep.Ex. 18, #13 Exhibit 13 - Villency Dep. Ex 20, #14 Exhibit 14 - Coffey Dep. Ex. 8, #15 Exhibit 15 - Foley Dep excerpts, #16 Exhibit 16 - CoffeyDep excerpts, #17 Exhibit 17 - Coffey Dep. Ex. 10, #18 Exhibit 18 - MSFT-00000031, #19 Exhibit 19 - Coffey Dep. Ex. 12, #20 Exhibit 20 - Hoggard Dep. Ex. 12, #21 Exhibit 21 - Hoggard Dep. Ex. 17, #22 Exhibit 22 - Hoggard Dep. Ex. 16, #23 Exhibit 23 - Hoggard Dep. Ex.18, #24 Exhibit 24 - Hoggard Dep. Ex.19, #25 Exhibit 25 - Hoggard Dep. Ex.29, #26 Exhibit 26 - Hoggard Dep. Ex.25, #27 Exhibit 27 - Hoggard Dep. Ex. 31, #28 Exhibit 28 - MSFT-00000072, #29 Exhibit 29 - Coffey Dep Ex 15, #30 Exhibit 30 - Bakewell Dep excerpts, #31 Exhibit 31 - Peterson Expert Rpt)(Ayers, Jennifer)
August 1, 2019 Opinion or Order Filing 216 MEMORANDUM OF LAW in Opposition re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. . Document filed by VR Optics LLC. (Gannon, Michael)
August 1, 2019 Opinion or Order Filing 215 RESPONSE in Opposition to Motion re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. . Document filed by Peloton Interactive, Inc.. (Ayers, Jennifer)
August 1, 2019 Opinion or Order Filing 214 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #236 Declaration) - DECLARATION of Galyn Gafford in Opposition re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Stewart Dep excerpts, #2 Exhibit B - Stewart Dep. Ex. 2, #3 Exhibit C - Stewart Dep. Ex. 5, #4 Exhibit D - FitCentric Web page, #5 Exhibit E - Stewart subpoena, #6 Exhibit F - Goodin Expert Rpt, #7 Exhibit G - Gooden Dep excerpts, #8 Exhibit H - 5.3.19 Brown email to VRO, #9 Exhibit I - 5.6.19 Carson email to Peloton)(Ayers, Jennifer) Modified on 8/5/2019 (db).
August 1, 2019 Opinion or Order Filing 213 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #235 Response) - RESPONSE in Opposition to Motion re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. . Document filed by Peloton Interactive, Inc.. (Ayers, Jennifer) Modified on 8/5/2019 (db).
August 1, 2019 Opinion or Order Filing 212 DECLARATION of Galyn Gafford in Opposition re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Lenz 2019.03.01 Rpt, #2 Exhibit B - Rawls Dep excerpts, #3 Exhibit C - ASME application, #4 Exhibit D - Lenz 2019.04.18 Dep excerpts, #5 Exhibit E - Lenz 2019.05.01 Dep excerpts, #6 Exhibit F - UCVR claim chart, #7 Exhibit G - Computrainer claim chart, #8 Exhibit H - Dugan Claim chart, #9 Exhibit I - Ulrich Claim chart, #10 Exhibit J - Stewart Dep. excerpts)(Schortgen, Steven)
August 1, 2019 Opinion or Order Filing 211 RESPONSE in Opposition to Motion re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 15, 2019 Opinion or Order Filing 210 MEMORANDUM OF LAW in Support re: #207 MOTION for Summary Judgment . . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
July 15, 2019 Opinion or Order Filing 209 RULE 56.1 STATEMENT. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
July 15, 2019 Opinion or Order Filing 208 DECLARATION of Paul S. Doherty, III in Support re: #207 MOTION for Summary Judgment .. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit 1 to 10, #2 Exhibit 11 to 20, #3 Exhibit 21 to 30, #4 Exhibit 31 to 32, #5 Exhibit 33 to 40, #6 Exhibit 41 to 50, #7 Exhibit 51 to 65)(Doherty, Paul)
July 15, 2019 Opinion or Order Filing 207 MOTION for Summary Judgment . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
July 15, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paul Schoonmaker Doherty to RE-FILE Document #179 MOTION for Summary Judgment . ERROR(S): Supporting Documents (Declaration in Support w/exhibits) are filed separately, each receiving their own document #'s. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (db)
July 15, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paul Schoonmaker Doherty to RE-FILE Document #184 Memorandum of Law in Support of Motion. ERROR(S): Supporting Documents (Rule 56.1 Statement) are filed separately, each receiving their own document #'s. Rule 56.1 Statement is found under the Event - Other Answers). Refile both documents, then link to Motion when correct version is refiled. (db)
July 11, 2019 Opinion or Order Filing 206 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE in Support of Motion re: #179 MOTION for Summary Judgment . Corrected Exhibits 51 to 65 (Dkt. No 179-8). Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul) Modified on 7/15/2019 (db).
July 2, 2019 Opinion or Order Filing 205 NOTICE of Certificate of Service re: #201 Memorandum of Law in Support of Motion, #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson., #186 Declaration in Support of Motion, #188 Memorandum of Law in Support of Motion, #191 Declaration in Support of Motion, #204 Declaration,,,,,, #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY., #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity., #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz., #202 Declaration,, #200 Rule 56.1 Statement, #198 Memorandum of Law in Support of Motion, #197 Rule 56.1 Statement, #203 LETTER MOTION to Seal Document #201 Memorandum of Law in Support of Motion, #186 Declaration in Support of Motion, #188 Memorandum of Law in Support of Motion, #191 Declaration in Support of Motion, #202 Declaration,, #200 Rule 56.1 Stat, #177 Memorandum of Law in Support of Motion. Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 2, 2019 Opinion or Order Filing 204 DECLARATION of Steven Schortgen re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY., #198 Memorandum of Law in Support of Motion, #197 Rule 56.1 Statement . Document filed by Peloton Interactive, 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, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC, #56 Exhibit DDD, #57 Exhibit EEE, #58 Exhibit FFF, #59 Exhibit GGG, #60 Exhibit HHH, #61 Exhibit III, #62 Exhibit JJJ, #63 Exhibit KKK, #64 Exhibit LLL, #65 Exhibit MMM, #66 Exhibit NNN, #67 Exhibit OOO)(Schortgen, Steven)
July 2, 2019 Opinion or Order Filing 203 FILING ERROR - DEFICIENT DOCKET ENTRY (no signature or s/) - LETTER MOTION to Seal Document #201 Memorandum of Law in Support of Motion, #186 Declaration in Support of Motion, #188 Memorandum of Law in Support of Motion, #191 Declaration in Support of Motion, #202 Declaration,, #200 Rule 56.1 Statement, #198 Memorandum of Law in Support of Motion, #197 Rule 56.1 Statement, #177 Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated 7/1/2019. Document filed by Peloton Interactive, Inc..(Ayers, Jennifer) Modified on 9/5/2019 (db).
July 1, 2019 Opinion or Order Filing 202 DECLARATION of Steven Schortgen in Support of Dkts 199, 200 and 201. Document filed by Peloton Interactive, 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 part 1 of 2, #16 Exhibit O part 1 of 2, #17 Exhibit P, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 201 MEMORANDUM OF LAW in Support re: #199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 200 RULE 56.1 STATEMENT. Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 199 MOTION for Summary Judgment Notice of Motion of Summary Judgment of Non-infringement and Invalidity. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 198 MEMORANDUM OF LAW in Support re: #196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 197 RULE 56.1 STATEMENT. Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 196 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS AGAINST VILLENCY DESIGN GROUP, ERIC VILLENCY AND JOSEPH COFFEY. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 195 LETTER MOTION to Seal Document #192 Memorandum of Law in Support of Motion, #193 Declaration in Support of Motion,,,,, addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 194 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Motion to Exclude Opinions of R. Lee Rawls and Exhibits A,C,D and U to the Declaration of James B. Hatten. Document filed by VR Optics LLC. (Gannon, Michael)
July 1, 2019 Opinion or Order Filing 193 DECLARATION of James B. Hatten in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Expert Witness Report of R. Lee Rawls, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Filed Under Seal, #5 Exhibit E-Peloton's Invalidity Contentions, #6 Exhibit F-Peloton's Supplemental Invalidity Contentions, #7 Exhibit G-Watterson Contentions, #8 Exhibit H-Watterson Report, #9 Exhibit I-Brown Contentions, #10 Exhibit J-Brown Report, #11 Exhibit K-Hickman Contentions, #12 Exhibit L-Hickman Report, #13 Exhibit M-Cuskaden Contentions, #14 Exhibit N-Cuskaden Report, #15 Exhibit O-Studor Contentions, #16 Exhibit P-Rawls Report, #17 Exhibit Q-Peloton Bike Simulator Contentions, #18 Exhibit R-Pelopton Bike Simulator Report, #19 Exhibit S-CycleOps Disclosure, #20 Exhibit T-Excerpts of Transcript of Paul S. Stewart, #21 Exhibit U-Filed Under Seal, #22 Exhibit V-Expert Report of Richard M. Goodin, #23 Exhibit W-Exhibit LR65 - Enablement Chart, #24 Exhibit X-U.S. Patent No. 6,997,852, #25 Exhibit Y-U.S. Patent No. 6,921,351, #26 Exhibit Z-U.S. Patent No. 6,749,536, #27 Exhibit AA-U.S. Patent No. 5,466,200)(Hatten, James)
July 1, 2019 Opinion or Order Filing 192 MEMORANDUM OF LAW in Support re: #190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. . Document filed by VR Optics LLC. (Gannon, Michael)
July 1, 2019 Opinion or Order Filing 191 DECLARATION of Galyn Gafford in Support re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz.. Document filed by Peloton Interactive, 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)(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 190 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of R. Lee Rawls. Document filed by VR Optics LLC.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 189 LETTER MOTION to Seal Document #184 Memorandum of Law in Support of Motion, #179 MOTION for Summary Judgment . addressed to Judge J. Paul Oetken from Paul S. Doherty III, Esq. dated 07/01/2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
July 1, 2019 Opinion or Order Filing 188 MEMORANDUM OF LAW in Support re: #187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 187 MOTION to Preclude The Expert Opinions & Testimony of Steven M. Lenz. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 186 DECLARATION of Steven G. Schortgen in Support re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 185 LETTER MOTION to Seal Document #182 Declaration in Support of Motion, #181 Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 184 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #179 MOTION for Summary Judgment . . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Supplement Rule 56.1 Statement)(Doherty, Paul) Modified on 7/15/2019 (db).
July 1, 2019 Opinion or Order Filing 183 CERTIFICATE OF SERVICE of the Memorandum in Support of Motion to Exclude Opinions of Richard M. Goodin and Exhibit B to Declaration of James B. Hatten. Document filed by VR Optics LLC. (Gannon, Michael)
July 1, 2019 Opinion or Order Filing 182 DECLARATION of James B. Hatten in Support re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A-Expert Report of Richard M. Goodin, #2 Exhibit B-Filed Under Seal)(Hatten, James)
July 1, 2019 Opinion or Order Filing 181 MEMORANDUM OF LAW in Support re: #180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin. . Document filed by VR Optics LLC. (Gannon, Michael)
July 1, 2019 Opinion or Order Filing 180 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Richard M. Goodin. Document filed by VR Optics LLC.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 179 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Affidavit Declaration of Paul S. Doherty III, Esq., #2 Exhibit Exhibits 1 to 10, #3 Exhibit Exhibits 11 to 20, #4 Exhibit Exhibits 21 to 30, #5 Exhibit Exhibits 31 to 32, #6 Exhibit Exhibits 33 to 40, #7 Exhibit Exhibits 41 to 50, #8 Exhibit Exhibits 51 to 65)(Doherty, Paul) Modified on 7/15/2019 (db).
July 1, 2019 Opinion or Order Filing 178 LETTER MOTION to Seal Document #174 Memorandum of Law in Support of Motion, #175 Declaration in Support of Motion, addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. Document filed by VR Optics LLC.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 177 MEMORANDUM OF LAW in Support re: #172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 176 CERTIFICATE OF SERVICE of the Memorandum of Law in Support of Motion to Exclude Testimony of Christopher Bakewell and Exhibits A-F of the Declaration of James B. Hatten. Document filed by VR Optics LLC. (Gannon, Michael)
July 1, 2019 Opinion or Order Filing 175 DECLARATION of James B. Hatten in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell.. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Filed Under Seal, #5 Exhibit E-Filed Under Seal, #6 Exhibit F-Filed Under Sea)(Hatten, James)
July 1, 2019 Opinion or Order Filing 174 MEMORANDUM OF LAW in Support re: #173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. . Document filed by VR Optics LLC. (Gannon, Michael)
July 1, 2019 Opinion or Order Filing 173 MOTION to Preclude Defendant from Offering at Trial the Testimony and Report of Christopher Bakewell. Document filed by VR Optics LLC.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 172 MOTION to Preclude The Expert Opinions & Testimony of Mark A. Peterson. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
July 1, 2019 Opinion or Order Filing 171 LETTER MOTION to Seal Document #170 Letter addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
July 1, 2019 Opinion or Order Filing 170 LETTER addressed to Judge J. Paul Oetken from Michael D. Gannon dated July 1, 2019 re: Response to June 28, 2019 Letter of Peloton. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
June 28, 2019 Opinion or Order Filing 169 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION to Seal Document #168 Response to Motion,, Response to Letter Motion to Compel (Dkt. 166) addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 28, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven) Modified on 8/28/2019 (db).
June 28, 2019 Opinion or Order Filing 168 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 28, 2019 re: #166 LETTER MOTION to Compel (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated June 26, 2019. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - June 21 letter and Production, #2 Exhibit B - Decl. of Hangartner, #3 Exhibit C- Privilege log slipsheet, #4 Exhibit D - Foley Depo Excerpts (redacted))(Schortgen, Steven)
June 27, 2019 Opinion or Order ORDER granting #163 Motion to Seal Document. GRANTED. THE REDACTED PORTIONS OF DOCKET NUMBER 162 SHALL REMAIN UNDER SEAL PENDING FURTHER ORDER FROM THE COURT. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
June 26, 2019 Opinion or Order Filing 167 LETTER MOTION to Seal Document #166 LETTER MOTION to Compel (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated June 26, 2019. addressed to Judge J. Paul Oetken from Michael D. Gannon dated June 26, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
June 26, 2019 Opinion or Order Filing 166 LETTER MOTION to Compel (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated June 26, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A-E-Mail String (Redacted), #2 Exhibit B-E-mail String (Redacted), #3 Exhibit C-Graham Stanton Transcript (Redacted), #4 Exhibit D-John Foley Transcript (Redacted), #5 Exhibit E-Tom Cortese Transcript (Redacted), #6 Exhibit F-Hisao Kushi Transcript (Redacted), #7 Exhibit G-U.S. Patent No. 5,089,960, #8 Exhibit H-Letter (Redacted), #9 Exhibit I-June 14, 2019 Letter, #10 Exhibit J-June 14, 2019 Letter (Redacted), #11 Exhibit K-June 21, 2019 Letter, #12 Exhibit L-December 18, 2018 Letter)(Gannon, Michael)
June 26, 2019 Opinion or Order Filing 165 ORDER granting #162 Letter Motion for Discovery. GRANTED. PLAINTIFF VR OPTICS LLC AND THIRD-PARTY DEFENDANT VILLENCY DESIGN GROUP, LLC SHALL PRODUCE ALL FINANCIAL RECORDS SHOWING THEIR REVENUES, EXPENSES, PROFITS, AND LOSSES, FROM AUGUST 1, 2010, TO PRESENT. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Goldenberg, Jacob)
June 24, 2019 Opinion or Order Filing 164 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Paul Doherty dated June 24, 2019 re: #162 LETTER MOTION for Discovery Letter Motion for Compliance with Court's May 15, 2019 Order addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 20, 2019. . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
June 20, 2019 Opinion or Order Filing 163 LETTER MOTION to Seal Document #162 LETTER MOTION for Discovery Letter Motion for Compliance with Court's May 15, 2019 Order addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 20, 2019. addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 20, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
June 20, 2019 Opinion or Order Filing 162 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Letter Motion for Compliance with Court's May 15, 2019 Order addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 20, 2019. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - J. Coffey Depo excerpts, #2 Exhibit B - E. Villency Depo excerpts, #3 Exhibit C - MSFT-00000193, #4 Exhibit D - V_032011, #5 Exhibit E - V_ 032168, #6 Exhibit F - V_031275, #7 Exhibit G - V_031279)(Schortgen, Steven) Modified on 8/23/2019 (ldi).
June 10, 2019 Opinion or Order Filing 161 ORDER granting #155 Motion to Seal Document. Finally, Peloton has properly sought to redact only the most sensitive information from the relevant filings. The redacted portions of Docket Numbers 155-1 and 155-2 shall remain under seal pending further order from the Court. The Clerk of Court is directed to close the motion at Docket Number 155. SO ORDERED.. (Signed by Judge J. Paul Oetken on 6/10/2019) (ne) Transmission to Sealed Records Clerk for processing.
June 7, 2019 Opinion or Order Filing 160 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 06/07/2019 re: #155 LETTER MOTION to Seal Document #147 Response to Motion, and #143 Motion to Compel pursuant to ruling in ECF No. 151 addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 5, 2019. . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
June 6, 2019 Opinion or Order Filing 159 LETTER addressed to Judge J. Paul Oetken from Paul S. Doherty III dated 06/06/2019 re: Filing of Unredacted Documents Pursuant to Court's Order of May 15, 2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit Unredacted Versions of Dkt. No. 130 and Exhibit C; Dkt. No 134; Dkt. No. 139; and Dkt. No. 149.)(Doherty, Paul)
June 6, 2019 Opinion or Order Filing 158 NOTICE of Revised Filing Pursuant to Court's Order at ECF No. 151 re: #141 Response in Opposition to Motion,,. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Supplement Unredacted version of ECF No 141, #2 Exhibit A - Unredacted Exhibit A to ECF 141, #3 Exhibit B - Unredacted Exhibit B to ECF 141, #4 Exhibit C - Unredacted Exhibit C to ECF 141)(Schortgen, Steven)
June 6, 2019 Opinion or Order Filing 157 NOTICE of Revised Filing Pursuant to Court's Order at ECF No. 151 re: #137 LETTER MOTION to Compel Plaintiff VR Optics, LLC, Third-Party Defendants Villency Design Group, LLC, Eric Villency and Joseph Coffey to produce documents addressed to Judge J. Paul Oetken from Steven G. Schortgen dated February 13, 2019.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Supplement Unredacted version of ECF No. 137, #2 Exhibit A to ECF 137, #3 Exhibit B to ECF 137, #4 Exhibit C to ECF 137, #5 Exhibit D to ECF 137, #6 Exhibit E to ECF 137, #7 Exhibit F to ECF 137, #8 Exhibit G - Unredacted Exhibit G to to ECF 137, #9 Exhibit H - Unredacted Exhibit H to ECF 137)(Schortgen, Steven)
June 6, 2019 Opinion or Order Filing 156 NOTICE of of Revised Filing Pursuant to Court's Order at ECF No. 151 re: #132 Response to Motion,. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Supplement Unredacted version of ECF No. 132, #2 Exhibit A - Unredacted Exhibit A to ECF 132)(Schortgen, Steven)
June 5, 2019 Opinion or Order Filing 155 LETTER MOTION to Seal Document #147 Response to Motion, and #143 Motion to Compel pursuant to ruling in ECF No. 151 addressed to Judge J. Paul Oetken from Steven G. Schortgen dated June 5, 2019. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Revised Redacted version of ECF Doc. No. 143, #2 Exhibit 2 - Revised Redacted version of ECF Doc. No. 147)(Schortgen, Steven)
May 24, 2019 Opinion or Order Filing 154 ORDER terminating #152 Letter Motion for Extension of Time to File. So Ordered. (Signed by Judge J. Paul Oetken on 5/23/2019) (js)
May 24, 2019 Opinion or Order Set/Reset Deadlines: ( Discovery due by 5/31/2019., Motions due by 7/1/2019., Responses due by 8/1/2019, Replies due by 8/15/2019.), Set/Reset Hearings: (js)
May 23, 2019 Opinion or Order Filing 153 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated May 23, 2019 re: #152 LETTER MOTION for Extension of Time to File Summary Judgment Motions and Daubert Motions addressed to Judge J. Paul Oetken from Michael D. Gannon and Paul S. Doherty dated May 22, 2019. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
May 22, 2019 Opinion or Order Filing 152 LETTER MOTION for Extension of Time to File Summary Judgment Motions and Daubert Motions addressed to Judge J. Paul Oetken from Michael D. Gannon and Paul S. Doherty dated May 22, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
May 15, 2019 Opinion or Order Filing 151 MEMORANDUM AND ORDER granting #130 Letter Motion to Compel; granting in part and denying in part #137 Letter Motion to Compel; denying #138 Motion to Seal Document ; denying #140 Motion to Seal Document ; denying #142 Motion to Seal Document ; granting #143 Letter Motion to Compel; denying #144 Motion to Seal Document ; denying #148 Motion to Seal Document ; denying #150 Motion to Seal Document. For the foregoing reasons, VRO/VDG's motion at Docket Number 130 to compel Peloton to produce documents reflecting Peloton's communications with its intellectual-property counsel regarding the '513 patent is GRANTED. Peloton's motion at Docket Number 137 to compel the production of various categories of documents that have been withheld by VRO/VDG is GRANTED in part and DENIED in part as set forth above. VRO/VDG's motion at Docket Number 143 to compel the production of documents by non-party L Catterton is GRANTED. The parties' motions for leave to file under seal are DENIED without prejudice. The Clerk of Court is directed to close the motions at Docket Numbers 130, 137, 138, 140, 142, 143, 144, 148, and 150. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/15/2019) (kv)
March 8, 2019 Opinion or Order Filing 150 LETTER MOTION to Seal Document #149 Letter, addressed to Judge J. Paul Oetken from Michael D. Gannon dated March 8, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
March 8, 2019 Opinion or Order Filing 149 LETTER addressed to Judge J. Paul Oetken from Michael D. Gannon dated March 8, 2019 re: Supplemental Letter Brief in Support of Motion to Compel (Redacted Version). Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A-Excerpts of Deposition Transcript (Redacted Version), #2 Exhibit B-Patent Assignment Record)(Gannon, Michael)
March 5, 2019 Opinion or Order Filing 148 LETTER MOTION to Seal Document #147 Response to Motion, , Letter Response to Letter Motion to Compel Production addressed to Judge J. Paul Oetken from Steven G. Schortgen dated March 5, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
March 5, 2019 Opinion or Order Filing 147 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated March 5, 2019 re: #143 LETTER MOTION to Compel Peloton and Non-Party to Produce Documents addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 03/01/2019. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schortgen, Steven)
March 5, 2019 Opinion or Order Filing 146 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Jeffrey Plotkin dated March 5, 2019 re: #143 LETTER MOTION to Compel Peloton and Non-Party to Produce Documents addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 03/01/2019. . Document filed by L Catterton. (Plotkin, Jeffrey)
March 5, 2019 Opinion or Order Filing 145 NOTICE OF APPEARANCE by Jeffrey Plotkin on behalf of L Catterton. (Plotkin, Jeffrey)
March 1, 2019 Opinion or Order Filing 144 LETTER MOTION to Seal Document #143 LETTER MOTION to Compel Peloton and Non-Party to Produce Documents addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 03/01/2019. addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 03/01/2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
March 1, 2019 Opinion or Order Filing 143 LETTER MOTION to Compel Peloton and Non-Party to Produce Documents addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 03/01/2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Doherty, Paul)
February 22, 2019 Opinion or Order Filing 142 LETTER MOTION to Seal Document #141 Response in Opposition to Motion,, supplemental response to Plaintiffs letter motion to compel production of documents, Dkt 130 addressed to Judge J. Paul Oetken from Steven G. Schortgen. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
February 22, 2019 Opinion or Order Filing 141 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen re: #130 LETTER MOTION to Compel Production of Documents Withheld as Privileged (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 1, 2019. Redacted Supplemental Response Letter Brief per Dkt 136. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - redacted, #2 Exhibit B - redacted, #3 Exhibit C - redacted)(Schortgen, Steven)
February 15, 2019 Opinion or Order Filing 140 LETTER MOTION to Seal Document #139 Letter, addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 02/15/2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
February 15, 2019 Opinion or Order Filing 139 LETTER addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated 02/15/2019 re: Opposition to Peloton Motion to Compel. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Doherty, Paul)
February 13, 2019 Opinion or Order Filing 138 LETTER MOTION to Seal Document #137 LETTER MOTION to Compel Plaintiff VR Optics, LLC, Third-Party Defendants Villency Design Group, LLC, Eric Villency and Joseph Coffey to produce documents addressed to Judge J. Paul Oetken from Steven G. Schortgen dated February 13, 2019. addressed to Judge J. Paul Oetken from Steven G. Schortgen dated February 13, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
February 13, 2019 Opinion or Order Filing 137 LETTER MOTION to Compel Plaintiff VR Optics, LLC, Third-Party Defendants Villency Design Group, LLC, Eric Villency and Joseph Coffey to produce documents addressed to Judge J. Paul Oetken from Steven G. Schortgen dated February 13, 2019. Document filed by Peloton Interactive, 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)(Schortgen, Steven)
February 12, 2019 Opinion or Order Filing 136 ORDER: granting #131 Motion to Seal Document #130 LETTER MOTION to Compel Production of Documents Withheld as Privileged (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 1, 2019., #134 Letter #132 Response to Motion; granting #133 Motion to Seal Document; granting #135 Motion to Seal Document. The parties shall submit supplemental briefing in connection with the letter motion to compel production filed by Plaintiff VR Optics LLC and Third-Party Defendants Villency Design Group, LLC, Eric Villency, and Joseph Coffey based on Peloton's alleged waiver of privilege. Peloton shall submit a letter brief up of to ten pages, single-spaced, on or before February 22, 2019. VR Optics shall submit a reply letter brief, subject to the same page constraints, within two weeks of service of Peloton's submission. The parties' letter motions to seal the redacted portions of Docket Numbers 130, 130-3, 132, 132-1, and 134 are GRANTED. The Clerk of Court is directed to close the motions at Docket Numbers 131, 133, and 135. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/08/2019) (ama) Transmission to Sealed Records Clerk for processing.
February 6, 2019 Opinion or Order Filing 135 LETTER MOTION to Seal Document #134 Letter, addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 6, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
February 6, 2019 Opinion or Order Filing 134 LETTER addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 6, 2019 re: Reply in Support of Letter Motion to Compel Production of Documents (Redacted). Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
February 5, 2019 Opinion or Order Filing 133 LETTER MOTION to Seal Document #132 Response to Motion, Letter Response to Letter Motion to Compel addressed to Judge J. Paul Oetken from Steven G. Schortgen dated February 5, 2019. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
February 5, 2019 Opinion or Order Filing 132 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated February 5, 2019 re: #130 LETTER MOTION to Compel Production of Documents Withheld as Privileged (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 1, 2019. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A)(Schortgen, Steven)
February 1, 2019 Opinion or Order Filing 131 LETTER MOTION to Seal Document #130 LETTER MOTION to Compel Production of Documents Withheld as Privileged (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 1, 2019. addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 1, 2019. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Gannon, Michael)
February 1, 2019 Opinion or Order Filing 130 LETTER MOTION to Compel Production of Documents Withheld as Privileged (Redacted) addressed to Judge J. Paul Oetken from Michael D. Gannon dated February 1, 2019. Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A-Privilege Log, #2 Exhibit B-Claw Back Letter, #3 Exhibit C-Deposition Transcript Excerpts (Redacted), #4 Exhibit D-E-Mails)(Gannon, Michael)
January 24, 2019 Opinion or Order Filing 129 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/3/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 24, 2019 Opinion or Order Filing 128 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/3/2019 before Judge J. Paul Oetken. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2019. Redacted Transcript Deadline set for 2/25/2019. Release of Transcript Restriction set for 4/24/2019.(McGuirk, Kelly)
January 3, 2019 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Pretrial Conference held on 1/3/2019. For the reasons stated on the record, defendant's motion for Leave to File Amended Third-Party Complaint is denied. (bh)
December 27, 2018 Opinion or Order Filing 127 ORDER: A telephone conference will be held in this matter on January 3, 2019 at 3:30 p.m. (EST) to address Defendant and Third-Party Plaintiff Peloton Interactive, Inc.'s motion at Docket Number 125 for leave to file an amended third-party complaint. Counsel for the parties are directed to jointly contact chambers at (212) 805-0266 at the scheduled time. SO ORDERED., ( Telephone Conference set for 1/3/2019 at 03:30 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 12/27/2018) (ama)
December 26, 2018 Opinion or Order Filing 126 LETTER addressed to Judge J. Paul Oetken from Paul S. Doherty III dated December 26, 2018 re: Opposition to Third-Party Plaintiff's Motion for Leave to File an Amended Third-Party Complaint. Document filed by Joseph Coffey, VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
December 21, 2018 Opinion or Order Filing 125 LETTER MOTION for Leave to File Amended Third-Party Complaint addressed to Judge J. Paul Oetken from Steven G. Schortgen dated December 21, 2018. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
December 10, 2018 Opinion or Order Filing 124 ORDER granting #122 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
December 10, 2018 Opinion or Order Filing 123 ORDER granting #117 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
December 10, 2018 Opinion or Order Filing 122 MOTION for Jared Alan Brandyberry to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice of Jared Brandyberry, #2 Exhibit A - Certificate of Good Standing from the State of Ohio dated December 6, 2018, #3 Exhibit B - Certificate of Good Standing from the State of Colorado dated December 5, 2018, #4 Text of Proposed Order)(Brandyberry, Jared)
December 10, 2018 Opinion or Order Filing 121 ORDER granting #118 Letter Motion for Extension of Time to Complete Discovery. GRANTED. ALL FACT DISCOVERY SHALL BE COMPLETED BY FEBRUARY 1, 2019. ALL EXPERT DISCOVERY SHALL BE COMPLETED BY MAY 3, 2019. ALL EXPERT DISCLOSURES (INCLUDING EXPERT REPORTS) OF PARTIES BEARING THE BURDEN OF PROOF AS TO ANY ISSUE SHALL BE SERVED BY MARCH 1, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Goldenberg, Jacob)
December 10, 2018 Opinion or Order Filing 120 LETTER REPLY to Response to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated December 10, 2018 re: #118 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Steven G. Schortgen dated December 9, 2018. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A)(Schortgen, Steven)
December 10, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for Jared Alan Brandyberry to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
December 9, 2018 Opinion or Order Filing 119 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Mark A. Berman dated 12/09/2018 re: #118 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Steven G. Schortgen dated December 9, 2018. . Document filed by Joseph Coffey, Peloton Interactive, Inc., VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Berman, Mark)
December 9, 2018 Opinion or Order Filing 118 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Steven G. Schortgen dated December 9, 2018. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
December 4, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #117 AMENDED MOTION for Jason E. Mueller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 3, 2018 Opinion or Order Filing 117 AMENDED MOTION for Jason E. Mueller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Exhibit 2 - Proposed Order)(Mueller, Jason)
December 3, 2018 Opinion or Order Filing 116 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason E. Mueller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15993917. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order)(Mueller, Jason) Modified on 12/3/2018 (bcu).
December 3, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #116 MOTION for Jason E. Mueller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15993917. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Sypreme Court of Texas. We do niot except certificates from State Bar Associations.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
November 30, 2018 Opinion or Order Filing 115 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jared A. Brandyberry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15986099. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC. (Attachments: #1 Affidavit of Jared A. Brandyberry, #2 State of Ohio Certificate of Good Standing for Jared A. Brandyberry, #3 State of Colorado Certificate of Good Standing for Jared A. Brandyberry)(Brandyberry, Jared) Modified on 11/30/2018 (jc).
November 30, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #115 MOTION for Jared A. Brandyberry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15986099. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificates of Good Standing from Colorado and Ohio. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
November 14, 2018 Opinion or Order Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 8/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 14, 2018 Opinion or Order Filing 113 TRANSCRIPT of Proceedings re: hearing held on 8/2/2018 before Judge J. Paul Oetken. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/5/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/12/2019.(McGuirk, Kelly)
November 5, 2018 Opinion or Order Filing 112 OPINION AND ORDER: For the foregoing reasons, the Court adopts the constructions set forth in this Opinion. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/05/2018) (ama)
October 18, 2018 Opinion or Order Filing 111 ORDER: granting in part and denying in part #106 Letter Motion to Compel; denying #108 Letter Motion for Discovery. Defendant's motion to strike is DENIED. Plaintiff's motion to compel is GRANTED IN PART and DENIED IN PART. With respect to Plaintiff's motion to compel, the Court rules as follows: 1. Plaintiff's motion to compel production of Peloton's technical documents is granted in part. The Court directs a document custodian at Peloton to certify in writing the locations of all paper and electronic documents that Peloton has in its possession and those that it has searched in response to Plaintiff's requests for documents relating to the Leaderboard. 2. Plaintiff's motion to compel production of Peloton's financial documents is denied. The Court concludes that the additional documents sought are not relevant and not proportional to the needs of the case under Federal Rule of Civil Procedure 26(b)(1). 3. Plaintiff's motion to compel production of documents relating to the Peloton Tread is granted. The Clerk of Court is directed to close the motions at Docket Numbers 106 and 108. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/18/2018) (ama)
October 16, 2018 Opinion or Order Filing 110 LETTER addressed to Judge J. Paul Oetken from Michael D. Gannon dated October 16, 2018 re: Response to Peloton Interactive, Inc.'s Letter Motion to Strike the Supplemental Infringement Contentions. Document filed by VR Optics LLC(a Delaware corporation). (Attachments: #1 Exhibit A-VR Optics' First Set of Requests for Production, #2 Exhibit B-March 2, 2018 Letter from Michael Gannon to Counsel for Peloton, #3 Exhibit C-Declaration of Jared A. Brandyberry, #4 Exhibit D-Emails between Counsel for VR Optics and Peloton, #5 Exhibit E-Aug. 2, 2018 Markman Hearing Transcript, #6 Exhibit F-Technology Tutorial, #7 Exhibit G-VR Optics' Supplemental Infringement Contentions, #8 Exhibit H-VR Optics' First Email Production Request, #9 Exhibit I-Oct. 3, 2018 Email from Steven Schortgen to Chuck Carson)(Gannon, Michael)
October 16, 2018 Opinion or Order Filing 109 ORDER granting #102 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
October 12, 2018 Opinion or Order Filing 108 LETTER MOTION for Discovery to Strike Supplemental Infringement Contentions addressed to Judge J. Paul Oetken from Steven G. Schortgen dated 10/12/2018. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schortgen, Steven)
October 11, 2018 Opinion or Order Filing 107 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated 10/11/2018 re: #106 SECOND LETTER MOTION to Compel the Production of Responsive Documents addressed to Judge J. Paul Oetken from Michael D. Gannon dated October 9, 2018. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schortgen, Steven)
October 9, 2018 Opinion or Order Filing 106 SECOND LETTER MOTION to Compel the Production of Responsive Documents addressed to Judge J. Paul Oetken from Michael D. Gannon dated October 9, 2018. Document filed by VR Optics LLC.(Gannon, Michael)
September 28, 2018 Opinion or Order Filing 105 ORDER granting #104 Letter Motion for Extension of Time to Complete Discovery. GRANTED. THE PARTIES SHALL ADHERE TO THE DISCOVERY DEADLINES SET OUT IN THE LETTER AT DOCKET NUMBER 104. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
September 27, 2018 Opinion or Order Filing 104 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken dated September 27, 2018. Document filed by VR Optics LLC.(Gannon, Michael)
September 24, 2018 Opinion or Order Filing 103 ORDER: The Court has reviewed in camera the February 2018 Confidential Settlement and Release and the related patents submitted by Defendant Peloton Interactive, Inc. The Court concludes that the documents are discoverable, on a confidential and for attorneys-eyes-only basis. Defendant is directed to produce the February 2018 Confidential Settlement and Release and the related patents within seven days. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/24/2018) (ama)
September 19, 2018 Opinion or Order Filing 102 MOTION for Charles C. Carson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15591114. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice of Charles C. Carson, #2 Colorado Certificate of Good Standing, #3 Virginia Certificate of Good Standing, #4 District of Columbia Certificate of Good Standing, #5 Text of Proposed Order)(Carson, Charles)
September 19, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 MOTION for Charles C. Carson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15591114. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 30, 2018 Opinion or Order Filing 101 NOTICE of of Compliance with Court Order re: #100 Order on Motion to Compel,,,,,. Document filed by Peloton Interactive, Inc.. (Attachments: #1 cover letter to Court enclosing documents)(Schortgen, Steven)
August 22, 2018 Opinion or Order Filing 100 ORDER: denying #97 Letter Motion to Compel. Plaintiff has filed a letter motion seeking an order compelling the production of certain documents from Defendant and a conference with the Court. The request for a conference is denied. As to Plaintiff's motion to compel, the Court rules as follows: Plaintiff's motion is denied as to Requests for Production 31, 46, and 49. The Court concludes that the additional documents sought are not relevant and not proportional to the needs of the case under Federal Rule of Civil Procedure 26(b)(1). With respect to the patent license agreement that Defendant entered in May 2017, the Court will conduct in camera review of the agreement (and any pertinent related documents, such as the associated patent), to determine whether the license agreement is sufficiently comparable to warrant production. Defendant shall submit such documents for in camera review by August 31, 2018. With respect to Plaintiff's request for a deadline for production of all non-email documents, it is unclear whether Plaintiff has identified specific documents or categories of documents that have not been produced. In any event, the Court orders that production of non-email documents shall be substantially completed by August 31, 2018. The Clerk is directed to close the motion at Docket No. 97. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/21/2018) (ama)
August 21, 2018 Opinion or Order Filing 99 ORDER granting #95 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
August 13, 2018 Opinion or Order Filing 98 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Steven G. Schortgen dated 08/13/2018 re: #97 LETTER MOTION to Compel Production of Documents and to Request an Informal Conference with the Court addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 9, 2018. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
August 9, 2018 Opinion or Order Filing 97 LETTER MOTION to Compel Production of Documents and to Request an Informal Conference with the Court addressed to Judge J. Paul Oetken from Michael D. Gannon dated August 9, 2018. Document filed by VR Optics LLC.(Gannon, Michael)
August 2, 2018 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Markman Hearing held on 8/2/2018. (bh)
July 30, 2018 Opinion or Order Filing 96 NOTICE of Supplemental Authority. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A - Opinion Dated June 1, 2018)(Gannon, Michael)
July 24, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #95 MOTION for James Byron Hatten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 23, 2018 Opinion or Order Filing 95 MOTION for James Byron Hatten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC(a Delaware corporation). (Attachments: #1 Affidavit of James B. Hatten, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Hatten, James)
July 23, 2018 Opinion or Order Filing 94 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James Byron Hatten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15354659. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC(a Delaware corporation). (Attachments: #1 Affidavit of James B. Hatten, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Hatten, James) Modified on 7/23/2018 (jc).
July 23, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #94 MOTION for James Byron Hatten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15354659. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit is missing some of the language required by Local Rule 1.3, i.e. whether the applicant has ever been convicted of a felony. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
July 12, 2018 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Telephone Conference held on 7/12/2018. (bh)
July 11, 2018 Opinion or Order Filing 93 ORDER granting #92 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
July 6, 2018 Opinion or Order Filing 92 MOTION for Robert E. Hough II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15292477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. Return Date set for 7/6/2018 at 03:00 PM. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hough, Robert)
July 6, 2018 Opinion or Order Filing 91 ORDER granting #90 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
July 6, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #92 MOTION for Robert E. Hough II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15292477. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 5, 2018 Opinion or Order Filing 90 MOTION for Galyn Gafford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15286694. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. Return Date set for 7/5/2018 at 12:30 PM. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gafford, Galyn)
July 5, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #90 MOTION for Galyn Gafford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15286694. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 3, 2018 Opinion or Order NOTICE: A TELEPHONE CONFERENCE REGARDING THE SCOPE OF THE 8/2/2018 CLAIM CONSTRUCTION HEARING IS SCHEDULED FOR JULY 12, 2018 AT 11:30 A.M. THE PARTIES ARE DIRECTED TO JOINTLY DIAL CONTACT CHAMBERS AT 212-805-0266. (bh)
June 21, 2018 Opinion or Order Filing 89 ORDER granting #88 Letter Motion for Extension of Time. GRANTED. THE PARTIES SHALL ADHERE TO THE DEADLINES OUTLINED IN THE LETTER. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
June 20, 2018 Opinion or Order Filing 88 JOINT LETTER MOTION for Extension of Time for Certain Deadlines in the Scheduling Order addressed to Judge J. Paul Oetken from Leif R. Sigmond, Jr. dated June 20, 2018. Document filed by VR Optics LLC(a Delaware corporation).(Sigmond, Leif)
May 30, 2018 Opinion or Order Filing 87 ORDER granting #86 Letter Motion for Extension of Time to File. GRANTED. THE CLAIM CONSTRUCTION HEARING PRESENTLY SCHEDULED FOR JUNE 18, 2018, IS ADJOURNED TO AUGUST 2, 2018, AT 9 A.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
May 24, 2018 Opinion or Order Filing 86 JOINT LETTER MOTION for Extension of Time to File Technology Tutorials Related to Claim Construction and to Adjourn the Claim Construction Hearing Currently Scheduled for June 18, 2018 addressed to Judge J. Paul Oetken from Leif R. Sigmond, Jr. dated May 24, 2018. Document filed by VR Optics LLC.(Sigmond, Leif)
May 21, 2018 Opinion or Order Filing 85 NOTICE of Corrected Brief re: #79 Response. Document filed by VR Optics LLC. (Attachments: #1 Plaintiff VR Optics, LLC's Corrected Responsive Claim Construction Brief)(Gannon, Michael)
May 18, 2018 Opinion or Order Filing 84 ORDER: The claim construction hearing presently scheduled for June 6, 2018, is adjourned to June 18, 2018, at 9:00 a.m. SO ORDERED., ( Oral Argument set for 6/18/2018 at 09:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 5/17/2018) (ama)
May 15, 2018 Opinion or Order Filing 83 AGREED ORDER REGARDING ELECTRONIC DISCOVERY: The Court ORDERS as follows: This order supplements all other discovery rules and orders. It streamlines Electronically Stored Information ("ESI") production to promote a "just, speedy, and inexpensive determination" of this action, as required by Federal Rule of Civil Procedure 1. This Order may be modified in the Court's discretion or by agreement of the parties. A party's meaningful compliance with this Order and efforts to promote efficiency and reduce costs will be considered in cost-shifting determinations. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/15/2018) (ama)
May 15, 2018 Opinion or Order Filing 82 STIPULATED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/15/2018) (ama)
May 11, 2018 Opinion or Order Filing 81 RESPONSE re: #75 Brief (Responsive Claim Construction Brief). Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
May 11, 2018 Opinion or Order Filing 80 DECLARATION of Steven M. Lenz, P.E. in Support re: #79 Response. Document filed by VR Optics LLC. (Attachments: #1 Appendix A - Curriculum Vitae)(Gannon, Michael)
May 11, 2018 Opinion or Order Filing 79 RESPONSE re: #77 Brief (Responsive Claim Construction Brief). Document filed by VR Optics LLC. (Gannon, Michael)
April 13, 2018 Opinion or Order Filing 78 DECLARATION of Steven M. Lenz, P.E. re: #75 Brief . Document filed by VR Optics LLC. (Attachments: #1 Appendix A-Curriculum Vitae)(Gannon, Michael)
April 13, 2018 Opinion or Order Filing 77 BRIEF Opening Claim Construction Brief. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit '513 Patent, #2 Exhibit Case law)(Schortgen, Steven)
April 13, 2018 Opinion or Order Filing 76 DECLARATION of Jared A. Brandyberry re: #75 Brief . Document filed by VR Optics LLC. (Attachments: #1 Exhibit 1-U.S. Patent No. 6,902,513, #2 Exhibit 2-Infringement Contentions, #3 Exhibit 3-Asserted Claims of U.S. Patent No. 6,902,513)(Gannon, Michael)
April 13, 2018 Opinion or Order Filing 75 BRIEF Opening Claim Construction Brief. Document filed by VR Optics LLC.(Gannon, Michael)
April 3, 2018 Opinion or Order Filing 74 NOTICE OF APPEARANCE by Paul Wendell Garrity on behalf of Peloton Interactive, Inc.. (Garrity, Paul)
March 29, 2018 Opinion or Order Filing 73 ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: granting #72 Motion to Withdraw as Attorney. The Court, having considered the motion seeking leave pursuant to Local Rule 1.4 for Eric A. Prager and Ravi S. Deol of K&L Gates LLP, to withdraw as counsel for Defendant and Third-party Plaintiff Peloton Interactive, Inc. in the above-captioned action, and it appearing to the Court that the relief requested is appropriate, IT IS HEREBY ORDERED that Eric A. Prager and Ravi S. Deol of K&L Gates LLP are granted leave to withdraw from their representation of Defendant and Third-party Plaintiff Peloton Interactive, Inc. in this action and that such withdrawal is effective immediately. SO ORDERED. Attorney Ravi S. Deol and Eric A. Prager terminated. (Signed by Judge J. Paul Oetken on 3/28/2018) (ama)
March 26, 2018 Opinion or Order Filing 72 MOTION for Eric A. Prager and Ravi S. Deol to Withdraw as Attorney . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Prager, Eric)
March 21, 2018 Opinion or Order Filing 71 NOTICE OF CHANGE OF ADDRESS by Jennifer Klein Ayers on behalf of Peloton Interactive, Inc.. New Address: SHEPPARD, MULLIN, RICHTER & HAMPTON LLP, 2200 Ross Avenue, 24th Floor, Dallas, Texas, USA 75201-6776, 469.391.7400. (Ayers, Jennifer)
March 21, 2018 Opinion or Order Filing 70 NOTICE OF CHANGE OF ADDRESS by Steven Gregory Schortgen on behalf of Peloton Interactive, Inc.. New Address: SHEPPARD, MULLIN, RICHTER & HAMPTON LLP, 2200 Ross Avenue, 24th Floor, Dallas, Texas, USA 75201-6776, 469.391.7400. (Schortgen, Steven)
February 23, 2018 Opinion or Order Filing 69 NOTICE of Joint Disputed Claims Terms Chart. Document filed by VR Optics LLC. (Attachments: #1 Exhibit A. Joint Disputed Claim Terms Chart)(Gannon, Michael)
November 17, 2017 Opinion or Order Filing 68 JOINT LETTER addressed to Judge J. Paul Oetken from the Parties dated 11/17/2017 re: Settlement Conference. Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
November 15, 2017 Opinion or Order NOTICE: THE PARTIES ARE REMINDED TO SUBMIT A LETTER ON THE ISSUE OF WHETHER TO REFER THIS CASE TO MAGISTRATE JUDGE MOSES FOR A SETTLEMENT CONFERENCE. (bh)
November 9, 2017 Opinion or Order Filing 67 ORDER granting #66 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
October 17, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Michael D. Gannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14248926. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 16, 2017 Opinion or Order Filing 66 MOTION for Michael D. Gannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14248926. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC(a Delaware corporation). (Attachments: #1 Affidavit Affidavit ISO Motion for Admission Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Gannon, Michael)
October 5, 2017 Opinion or Order Filing 65 NOTICE OF CHANGE OF ADDRESS by Jennifer M. Kurcz on behalf of VR Optics LLC(a Delaware corporation). New Address: Baker & Hostetler LLP, 191 N. Wacker Drive, Suite 3100, Chicago, Illinois, 60606, (312) 416-6200. (Kurcz, Jennifer)
October 4, 2017 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 10/4/2017. (bh)
October 4, 2017 Opinion or Order Filing 64 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed by November 3, 2017. No later than February 23, 2018, the parties shall file a Joint Disputed Claim Chart. No later than May 25, 2018 the parties may each submit a technology tutorial to the Court. No later than April 13, 2018, the parties must each serve and file an opening claim construction brief and all supporting evidence and testimony. No later than May 11, 2018, the parties must each serve and file a responsive claim construction brief and all supporting evidence and testimony. Oral Argument set for 6/6/2018 at 09:00 AM before Judge J. Paul Oetken. Fact Discovery due by 8/1/2018. All Expert Discovery due by 10/31/2018. All lead trial counsel must meet in person to discuss settlement no later than June 29, 2018, accompanied by a client representative fully authorized to settle all claims. Motions deadline: 11/30/2018. Joint Pretrial Order due by 11/30/2018. Deposition due by 10/31/2018. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is seven Court days. The next Case Management Conference set for 6/6/2018 at 09:00 AM before Judge J. Paul Oetken in conjunction with Markman Hearing. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/04/2017) (ama) Modified on 10/5/2017 (ama).
September 29, 2017 Opinion or Order Filing 63 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Peloton Interactive, Inc..(Schortgen, Steven)
September 26, 2017 Opinion or Order Filing 62 NOTICE OF CHANGE OF ADDRESS by Leif R. Sigmond on behalf of VR Optics LLC(a Delaware corporation). New Address: Baker & Hostetler LLP, 191 North Wacker Drive, Suite 3100, Chicago, Illinois, USA 60606, 312-416-6200. (Sigmond, Leif)
September 8, 2017 Opinion or Order Filing 61 ORDER: Initial Conference set for 10/4/2017 at 10:45 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 9/8/2017) (cf)
September 1, 2017 Opinion or Order Filing 60 AMENDED ANSWER to #41 Amended Answer to Complaints, Counterclaim. Document filed by VR Optics LLC(a Delaware corporation). (Berman, Mark)
September 1, 2017 Opinion or Order Filing 59 ANSWER to #42 Amended Third Party Complaint,. Document filed by Joseph Coffey, Eric Villency, Villency Design Group, L.L.C.(Berman, Mark)
September 1, 2017 Opinion or Order Filing 58 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Villency Design Group, L.L.C.(Berman, Mark)
August 18, 2017 Opinion or Order Filing 57 OPINION AND ORDER: re: #46 MOTION to Dismiss Amended Third-Party Complaint and Count Three of Amended Counterclaims filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, #34 MOTION to Dismiss Third-Party Complaint and Count Three of Counterclaims filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, #37 MOTION to Dismiss Third-Party Complaint filed by Joseph Coffey, #49 MOTION to Dismiss Amended Third-Party Complaint filed by Joseph Coffey. For the foregoing reasons, Movants' motion to dismiss is DENIED. The Clerk of Court is directed to close the motions at Docket Numbers 34, 37, 46, and 49. SO ORDERED (Signed by Judge J. Paul Oetken on 8/18/2017) (ama)
May 23, 2017 Opinion or Order Filing 56 NOTICE OF CHANGE OF ADDRESS by Mark Allan Berman on behalf of Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. New Address: HARTMANN DOHERTY ROSA BERMAN & BULBULIA, LLC, 666 FIFTH AVENUE, 28TH FLOOR, NEW YORK, NY, USA 10103, 212-344-4619. (Berman, Mark)
February 10, 2017 Opinion or Order Filing 55 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss Amended Third-Party Complaint and Count Three of Amended Counterclaims., #49 MOTION to Dismiss Amended Third-Party Complaint. . Document filed by Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Affidavit Reply Declaration of Paul S. Doherty, Esq., #2 Exhibit Ex. A to Reply Declaration of Paul S. Doherty, Esq.)(Berman, Mark)
February 10, 2017 Opinion or Order Filing 54 NOTICE OF APPEARANCE by Mark Allan Berman on behalf of Joseph Coffey, VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Berman, Mark)
February 3, 2017 Opinion or Order Filing 53 MEMORANDUM OF LAW in Opposition re: #46 MOTION to Dismiss Amended Third-Party Complaint and Count Three of Amended Counterclaims., #49 MOTION to Dismiss Amended Third-Party Complaint. . Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
January 23, 2017 Opinion or Order Filing 52 ORDER granting #44 Motion for Ravinder Singh Deol to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
January 20, 2017 Opinion or Order Filing 51 DECLARATION of Paul S. Doherty, III in Support re: #49 MOTION to Dismiss Amended Third-Party Complaint.. Document filed by Joseph Coffey. (Attachments: #1 Exhibit A, #2 Exhibit B)(Doherty, Paul)
January 20, 2017 Opinion or Order Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss Amended Third-Party Complaint. . Document filed by Joseph Coffey. (Doherty, Paul)
January 20, 2017 Opinion or Order Filing 49 MOTION to Dismiss Amended Third-Party Complaint. Document filed by Joseph Coffey.(Doherty, Paul)
January 20, 2017 Opinion or Order Filing 48 DECLARATION of Paul S. Doherty, III in Support re: #46 MOTION to Dismiss Amended Third-Party Complaint and Count Three of Amended Counterclaims.. Document filed by VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B)(Doherty, Paul)
January 20, 2017 Opinion or Order Filing 47 MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss Amended Third-Party Complaint and Count Three of Amended Counterclaims. . Document filed by VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
January 20, 2017 Opinion or Order Filing 46 MOTION to Dismiss Amended Third-Party Complaint and Count Three of Amended Counterclaims. Document filed by VR Optics LLC(a Delaware corporation), Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
January 20, 2017 Opinion or Order Filing 45 ANSWER to #41 Counterclaim. Document filed by VR Optics LLC(a Delaware corporation).(Doherty, Paul)
January 19, 2017 Opinion or Order Filing 44 MOTION for Ravinder Singh Deol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13215214. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Deol, Ravi)
January 19, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Ravinder Singh Deol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13215214. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
January 18, 2017 Opinion or Order Filing 43 NOTICE OF APPEARANCE by Jonathan Hangartner on behalf of Peloton Interactive, Inc.. (Hangartner, Jonathan)
December 30, 2016 Opinion or Order Filing 42 AMENDED THIRD PARTY COMPLAINT amending #17 Third Party Complaint against Joseph Coffey, Eric Villency, Villency Design Group, L.L.C.Document filed by Peloton Interactive, Inc.. Related document: #17 Third Party Complaint filed by Peloton Interactive, Inc..(Schortgen, Steven)
December 30, 2016 Opinion or Order Filing 41 AMENDED ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against VR Optics LLC. Document filed by Peloton Interactive, Inc.. (Schortgen, Steven)
December 23, 2016 Opinion or Order Filing 40 NOTICE of Intent to File Amended Third-Party Complaint and Counterclaims. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
December 9, 2016 Opinion or Order Filing 39 MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss Third-Party Complaint. . Document filed by Joseph Coffey. (Doherty, Paul)
December 9, 2016 Opinion or Order Filing 38 DECLARATION of Paul S. Doherty, III in Support re: #37 MOTION to Dismiss Third-Party Complaint.. Document filed by Joseph Coffey. (Attachments: #1 Exhibit A, #2 Exhibit B)(Doherty, Paul)
December 9, 2016 Opinion or Order Filing 37 MOTION to Dismiss Third-Party Complaint. Document filed by Joseph Coffey.(Doherty, Paul)
December 9, 2016 Opinion or Order Filing 36 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Third-Party Complaint and Count Three of Counterclaims. . Document filed by VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Doherty, Paul)
December 9, 2016 Opinion or Order Filing 35 DECLARATION of Paul S. Doherty, III in Support re: #34 MOTION to Dismiss Third-Party Complaint and Count Three of Counterclaims.. Document filed by VR Optics LLC, Eric Villency, Villency Design Group, L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B)(Doherty, Paul)
December 9, 2016 Opinion or Order Filing 34 MOTION to Dismiss Third-Party Complaint and Count Three of Counterclaims. Document filed by VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
December 9, 2016 Opinion or Order Filing 33 ANSWER to #14 Counterclaim. Document filed by VR Optics LLC.(Doherty, Paul)
December 9, 2016 Opinion or Order Filing 32 ORDER granting #30 Motion for Jennifer Klein Ayers to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
December 9, 2016 Opinion or Order Filing 31 ORDER granting #29 Motion for Steven Gregory Schortgen to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
December 8, 2016 Opinion or Order Filing 30 MOTION for Jennifer Klein Ayers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order)(Ayers, Jennifer)
December 8, 2016 Opinion or Order Filing 29 MOTION for Steven Gregory Schortgen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13073927. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order)(Schortgen, Steven)
December 8, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Steven Gregory Schortgen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13073927. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 8, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Jennifer Klein Ayers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 8, 2016 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #30 MOTION for Jennifer Klein Ayers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number 0208-13074053, paid on 12/8/2016. (wb)
November 28, 2016 Opinion or Order Filing 28 STIPULATION AND ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that the time within which Plaintiff may answer, move or otherwise plead or defend as to Defendant's Counterclaims is hereby extended to and including December 9, 2016. IT IS FURTHER STIPULATED AND AGREED that the time within which Third-Party Defendants may answer, move or otherwise plead or defend as to Third-Party Plaintiff's Complaint is hereby extended to and including December 9, 2016. The Clerk of Court is directed to close the motions at Docket Number 26 and 27. SO ORDERED., Joseph Coffey answer due 12/9/2016; VR Optics LLC answer due 12/9/2016; Eric Villency answer due 12/9/2016; Villency Design Group, L.L.C answer due 12/9/2016., Motions terminated: #26 FIRST LETTER MOTION for Extension of Time to File Answer re: #14 Answer to Complaint, Counterclaim, #17 Third Party Complaint addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated November 22, 2016. filed by VR Optics LLC, Villency Design Group, L.L.C, Eric Villency, #27 FIRST LETTER MOTION for Extension of Time to File Answer re: #17 Third Party Complaint addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated November 22, 2016. filed by Joseph Coffey. (Signed by Judge J. Paul Oetken on 11/28/2016) (ama) Modified on 11/28/2016 (ama).
November 22, 2016 Opinion or Order Filing 27 FIRST LETTER MOTION for Extension of Time to File Answer re: #17 Third Party Complaint addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated November 22, 2016. Document filed by Joseph Coffey.(Doherty, Paul)
November 22, 2016 Opinion or Order Filing 26 FIRST LETTER MOTION for Extension of Time to File Answer re: #14 Answer to Complaint, Counterclaim, #17 Third Party Complaint addressed to Judge J. Paul Oetken from Paul S. Doherty, III dated November 22, 2016. Document filed by VR Optics LLC, Eric Villency, Villency Design Group, L.L.C.(Doherty, Paul)
November 16, 2016 Opinion or Order Filing 25 ACKNOWLEDGMENT OF SERVICE of Summons on a Third - Party Complaint, Third - Party Complaint and Interpleader, Individual Practices in Civil Cases (of Judge J. Paul Oetken), Individual Practices of Magistrate Judge, Barbara Moses, (SDNY) Electronic Case Filing Rules & Instructions served on Joseph Coffey on 11/11/2016. Service was accepted by Paul Schoonmaker, III, Esq.. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 16, 2016 Opinion or Order Filing 24 ACKNOWLEDGMENT OF SERVICE of Summons on a Third - Party Complaint, Third - Party Complaint and Interpleader, Individual Practices in Civil Cases (of Judge J. Paul Oetken), Individual Practices of Magistrate Judge, Barbara Moses, (SDNY) Electronic Case Filing Rules & Instructions served on Eric Villency on 11/11/2016. Service was accepted by Paul Schoonmaker, III, Esq.. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 16, 2016 Opinion or Order Filing 23 ACKNOWLEDGMENT OF SERVICE of Summons on a Third-Party Complaint, Third Party Complaint and Interpleader, Individual Practices in Civil Cases (of Judge J. Paul Oetken), Individual Practices of Magistrate Judge Barbara Moses, (SDNY) Electronic Case Filing Rules & Instructions served on Villency Design Group, L.L.C. on 11/11/2016. Service was accepted by Paul Schoonmaker Doherty, III, Esq.. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 16, 2016 Opinion or Order Filing 22 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Joseph Coffey served on 11/11/2016, answer due 12/2/2016. Service was accepted by Paul Schoonmaker Doherty, III, Attorney. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 16, 2016 Opinion or Order Filing 21 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Eric Villency served on 11/11/2016, answer due 12/2/2016. Service was accepted by Paul Schoonmaker Doherty, III, Attorney. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 16, 2016 Opinion or Order Filing 20 SUMMONS RETURNED EXECUTED Summons and Third Party Complaint served. Villency Design Group, L.L.C served on 11/11/2016, answer due 12/2/2016. Service was accepted by Paul Schoonmaker Doherty, III, Attorney. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 10, 2016 Opinion or Order Filing 19 ELECTRONIC SUMMONS ISSUED as to Joseph Coffey, Eric Villency, Villency Design Group, L.L.C. (dgo)
November 10, 2016 Opinion or Order Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Villency Design Group, L.L.C., Eric Villency, Joseph Coffey, re: #17 Third Party Complaint. Document filed by Peloton Interactive, Inc.. (Prager, Eric)
November 10, 2016 Opinion or Order Filing 17 THIRD PARTY COMPLAINT against Joseph Coffey, Eric Villency, Villency Design Group, L.L.C.Document filed by Peloton Interactive, Inc..(Prager, Eric)
November 9, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eric A. Prager. The party information for the following party/parties has been modified: ThirdParty Defendant Villency Design Group. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (dgo)
November 9, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric A. Prager to RE-FILE Document No. #15 Third Party Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Villency Design Groupwas originally created when the Third Party Complaint was filed, however, that is not the exact party that is stated on the caption of the Third Amended Complaint. Re-file the pleading using the event type Third Party Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo)
November 9, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): Filed against and caption error. Villency Design Group is not the proper party, Villency Design Group, L.L.C is. Please edit the caption and body of the summons. Also, properly enter the name(s) when filing the summons on ECF;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)
November 7, 2016 Opinion or Order Filing 16 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERRORREQUEST FOR ISSUANCE OF SUMMONS as to Villency Design Group, Eric Villency, Joseph Coffey, re: #15 Third Party Complaint. Document filed by Peloton Interactive, Inc.. (Prager, Eric) Modified on 11/9/2016 (dgo).
November 7, 2016 Opinion or Order Filing 15 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERRORTHIRD PARTY COMPLAINT against Villency Design Group, Eric Villency, Joseph Coffey.Document filed by Peloton Interactive, Inc..(Prager, Eric) Modified on 11/9/2016 (dgo).
November 7, 2016 Opinion or Order Filing 14 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against VR Optics LLC. Document filed by Peloton Interactive, Inc..(Prager, Eric)
November 7, 2016 Opinion or Order Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peloton Interactive, Inc..(Prager, Eric)
November 7, 2016 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Eric A. Prager on behalf of Peloton Interactive, Inc.. (Prager, Eric)
September 13, 2016 Opinion or Order Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Peloton Interactive, Inc. waiver sent on 9/7/2016, answer due 11/7/2016. Document filed by VR Optics LLC. (Doherty, Paul)
September 12, 2016 Opinion or Order Filing 10 ORDER granting #9 Motion for Jennifer Marie Kurcz to Appear Pro Hac Vice. Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
September 12, 2016 Opinion or Order Filing 9 MOTION for Jennifer Marie Kurcz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12747960. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VR Optics LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Kurcz, Jennifer)
September 12, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Jennifer Marie Kurcz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12747960. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 24, 2016 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Leif R. Sigmond on behalf of VR Optics LLC. (Sigmond, Leif)
August 16, 2016 Opinion or Order Filing 7 AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (wb)
August 16, 2016 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken, Patent Judge. Judge Analisa Torres is no longer assigned to the case. (wb)
August 12, 2016 Opinion or Order Filing 6 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Doherty, Paul)
August 12, 2016 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Peloton Interactive, Inc.. (rch)
August 12, 2016 Opinion or Order Case Eligible for Patent Pilot Program. (rch)
August 12, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Schoonmaker Doherty, III. The party information for the following party/parties has been modified: VR Optics LLC . The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (rch)
August 12, 2016 Opinion or Order ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Paul Schoonmaker Doherty, III to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (rch)
August 12, 2016 Opinion or Order Magistrate Judge Barbara C. Moses is so designated. (rch)
August 12, 2016 Opinion or Order Case Designated ECF. (rch)
August 12, 2016 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
August 11, 2016 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Peloton Interactive, Inc., re: #1 Complaint,. Document filed by VR Optics LLC. (Doherty, Paul)
August 11, 2016 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by VR Optics LLC.(Doherty, Paul)
August 11, 2016 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Doherty, Paul)
August 11, 2016 Opinion or Order Filing 1 COMPLAINT against Peloton Interactive, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12640884)Document filed by VR Optics LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Doherty, Paul)

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Search for this case: VR Optics LLC v. Peloton Interactive, Inc.
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3rd party plaintiff: Peloton Interactive, Inc.
Represented By: Jason E. Mueller
Represented By: Robert Hough, II
Represented By: Steven Gregory Schortgen
Represented By: Jennifer Klein Ayers
Represented By: Ravi S. Deol
Represented By: Paul Wendell Garrity
Represented By: Eric A. Prager
Represented By: Galyn Gafford
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Plaintiff: VR Optics LLC
Represented By: Mark Allan Berman
Represented By: Charles C Carson
Represented By: Leif R. Sigmond
Represented By: Paul Schoonmaker Doherty, III
Represented By: Michael D. Gannon
Represented By: Jared Brandyberry
Represented By: Jennifer M. Kurcz
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Interested party: Thomas C. Rubin Microsoft Corporation
Represented By: Jordan Nathaniel Malz
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Interested party: L Catterton
Represented By: Jeffrey Plotkin
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3rd party defendant: Villency Design Group, L.L.C
Represented By: Mark Allan Berman
Represented By: Paul Schoonmaker Doherty, III
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3rd party defendant: Joseph Coffey
Represented By: Mark Allan Berman
Represented By: Paul Schoonmaker Doherty, III
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3rd party defendant: Eric Villency
Represented By: Mark Allan Berman
Represented By: Paul Schoonmaker Doherty, III
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