NovaSparks SA v. EnyxFPGA, Inc. et al
Plaintiff: NovaSparks SA
Defendant: EnyxFPGA, Inc. and Enyx SA
Case Number: 1:2017cv07745
Filed: October 10, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: George B Daniels
Referring Judge: Henry B Pitman
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 256
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2018 Filing 54 AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 12/20/2018 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (km)
December 20, 2018 Filing 53 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Enyx SA, EnyxFPGA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by NovaSparks SA. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Sullivan, Peter)
December 20, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Peter Sullivan. RE-FILE Document No. #52 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): The stipulation needs to have handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (km)
December 20, 2018 Terminate Transcript Deadlines (km)
December 19, 2018 Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Enyx SA, EnyxFPGA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by NovaSparks SA. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Sullivan, Peter) Modified on 12/20/2018 (km).
November 13, 2018 Opinion or Order Filing 51 MEMO ENDORSEMENT on #50 denying without prejudice as moot #47 Letter Motion to Compel; denying without prejudice as moot #48 Letter Motion for Discovery. ENDORSEMENT: DOCKET ITEMS 47 AND 48 ARE DENIED WITHOUT PREJUDICE AS MOOT. THE CLERK OF THE COURT IS DIRECTED TO MARK DOCKET ITEMS 47 AND 48 AS CLOSED. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 11/13/2018) (ne)
November 12, 2018 Filing 50 LETTER addressed to Magistrate Judge Henry B. Pitman from Kenneth J. Sheehan dated 11/12/18 Document filed by Enyx SA, EnyxFPGA, Inc..(Sheehan, Kenneth)
October 23, 2018 Opinion or Order Filing 49 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement), Specific Non-Dispositive Motion/Dispute: Letter motion to Compel (ECF No.47) Referred to Magistrate Judge Henry B. Pitman. SO ORDERED. Motions referred to Henry B. Pitman. (Signed by Judge George B. Daniels on 10/23/2018) (jca)
October 22, 2018 Filing 48 LETTER MOTION for Discovery in Opposition to Request to Allow Inspection of Source Code addressed to Judge George B. Daniels from Kenneth Sheehan dated October 22, 2018. Document filed by Enyx SA, EnyxFPGA, Inc..(Sheehan, Kenneth)
October 17, 2018 Filing 47 LETTER MOTION to Compel Defendants EnyxFPGA, Inc. and Enyx SA to allow inspection of source code addressed to Judge George B. Daniels from Peter A. Sullivan dated October 17, 2018. Document filed by NovaSparks SA. (Attachments: #1 Affidavit of P. Sullivan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Sullivan, Peter)
October 10, 2018 Minute Entry for proceedings held before Judge George B. Daniels: Interim Pretrial Conference held on 10/10/2018. Plaintiff Counsel: Peter Sullivan; Defense Counsel: Kenneth Sheehan and Court Reporter present. The subsequent conference is scheduled for January 16, 2019 at 9:45 a.m. (Vega, Elizabeth)
October 9, 2018 Filing 46 LETTER addressed to Judge George B. Daniels from Peter A. Sullivan dated October 9, 2018 re: Updated Civil Case Management Plan and Scheduling Order. Document filed by NovaSparks SA. (Attachments: #1 Text of Proposed Order Updated Civil Case Management and Scheduling Order)(Sullivan, Peter)
September 20, 2018 Opinion or Order Filing 45 MEMORANDUM DECISION AND ORDER: denying #29 Motion to Stay ; granting #29 Motion to Dismiss. Defendants' motion, (ECF No. 29), is GRANTED as to the dismissal of Plaintiffs patent ownership and trade secret misappropriation claims, but DENIED as to the stay of Plaintiff's patent inventorship claim. The Clerk of Court is directed to close the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 9/20/2018) (ama)
August 6, 2018 Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/19/18 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...(Siwik, Christine)
August 6, 2018 Filing 43 TRANSCRIPT of Proceedings re: Conference held on 7/19/2018 before Judge George B. Daniels. Court Reporter/Transcriber: Vincent Bologna, (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 8/27/2018. Redacted Transcript Deadline set for 9/6/2018. Release of Transcript Restriction set for 11/5/2018.(Siwik, Christine)
July 23, 2018 Filing 42 LETTER addressed to Judge George B. Daniels from Kenneth J. Sheehan dated 7/23/2018 re: Letter regarding July 19, 2018 hearing on Defendant's Motion to Dismiss and/or Stay. Document filed by Enyx SA, EnyxFPGA, Inc.. (Attachments: #1 Declaration of Kenneth J. Sheehan, #2 Exhibit 6)(Sheehan, Kenneth)
July 19, 2018 Opinion or Order Filing 41 PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge George B. Daniels on 7/19/2018) (jwh)
July 19, 2018 Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 7/19/2018 re: #29 MOTION to Stay or. MOTION to Dismiss . filed by EnyxFPGA, Inc., Enyx SA. Plaintiff Counsel: Peter A. Sullivan, Erik Alexander Huestis; Defense Counsel: Kenneth J. Sheehan and Court Reporter present. The subsequent conference is scheduled for October 10, 2018 at 10:00 a.m. (Vega, Elizabeth)
July 10, 2018 Filing 40 LETTER addressed to Judge George B. Daniels from Peter A. Sullivan dated July 10, 2018 re: NovaSparks, SA v. EnyxFPGA, et al., Civil Action No. 1:17-cv-07745-GBD-HBP, Consideration of Proposed Protective Order. Document filed by NovaSparks SA. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Sullivan, Peter)
June 20, 2018 Filing 39 SEALED DOCUMENT placed in vault.(rz)
June 20, 2018 Filing 38 SEALED DOCUMENT placed in vault.(rz)
June 19, 2018 Opinion or Order Filing 37 ORDER granting #33 Motion to Seal Document. SO ORDERED. (Signed by Judge George B. Daniels on 6/19/2018) (ras)
June 19, 2018 Opinion or Order Filing 36 ORDER granting #35 Motion to Seal Document: SO ORDERED. (Signed by Judge George B. Daniels on 6/19/2018) (jwh)
June 18, 2018 Filing 35 LETTER MOTION to Seal Document addressed to Judge George B. Daniels from Michael E. Anderson dated 6/18/2018. Document filed by Enyx SA, EnyxFPGA, Inc..(Anderson, Michael)
June 13, 2018 Filing 34 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Stay or. MOTION to Dismiss . . Document filed by NovaSparks SA. (Sullivan, Peter)
June 13, 2018 Filing 33 LETTER MOTION to Seal Document addressed to Judge George B. Daniels from Peter A. Sullivan dated 6/13/2018. Document filed by NovaSparks SA.(Sullivan, Peter)
June 4, 2018 Opinion or Order Filing 32 MEMO ENDORSEMENT on re: #30 Letter filed by NovaSparks SA. ENDORSEMENT: SO ORDERED. (Set Deadlines/Hearing as to #29 MOTION to Stay or MOTION to Dismiss: Responses due by 6/13/2018, Replies due by 6/20/2018.) (Signed by Judge George B. Daniels on 6/4/2018) (jwh)
June 4, 2018 Opinion or Order Filing 31 ORDER re: #29 MOTION to Stay or MOTION to Dismiss: Oral argument will be held on Defendant's motion to dismiss and or/stay this action, (ECF No. 29), will be held on July 19, 2018 at 10:30 am. (Oral Argument set for 7/19/2018 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/1/2018) (jwh)
June 1, 2018 Filing 30 LETTER addressed to Judge George B. Daniels from Peter Sullivan dated June 1, 2018 re: Briefing Schedule. Document filed by NovaSparks SA.(Sullivan, Peter)
May 23, 2018 Filing 29 MOTION to Stay or., MOTION to Dismiss . Document filed by Enyx SA, EnyxFPGA, Inc..(Anderson, Michael)
May 23, 2018 Filing 28 SEALED DOCUMENT placed in vault.(rz)
May 22, 2018 Opinion or Order Filing 27 ORDER granting #26 Motion to Seal Document: SO ORDERED. (Signed by Judge George B. Daniels on 5/22/2018) (jwh)
May 22, 2018 Filing 26 LETTER MOTION to Seal Document Memorandum in Support of Motion to Dismiss and/or Stay Proceeding addressed to Judge George B. Daniels from Defendants Enyx dated 2018.05.22. Document filed by Enyx SA, EnyxFPGA, Inc..(Anderson, Michael)
April 2, 2018 Opinion or Order Filing 25 ORDER FOR ADMISSION PRO HAC VICE granting #24 Motion for Michael E. Anderson to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/2/2018) (jwh)
March 29, 2018 Filing 24 AMENDED MOTION for Michael E. Anderson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Enyx SA, EnyxFPGA, Inc.. (Attachments: #1 Affidavit of Michael E. Anderson, #2 Exhibit A - Virginia Certificate of Good Standing, #3 Exhibit B - DC Certificate of Good Standing, #4 Text of Proposed Order)(Anderson, Michael)
March 29, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 AMENDED MOTION for Michael E. Anderson 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)
March 16, 2018 Filing 23 ANSWER to #19 Counterclaim. Document filed by NovaSparks SA.(Sullivan, Peter)
March 13, 2018 Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael E. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14806352. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Enyx SA, EnyxFPGA, Inc.. (Attachments: #1 Affidavit of Michael E. Anderson, #2 Exhibit A - VA Certificate of Good Standing, #3 Exhibit B - DC Certificate of Good Standing, #4 Text of Proposed Order)(Anderson, Michael) Modified on 3/13/2018 (bcu).
March 13, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Michael E. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14806352. 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 Supreme Court of Virginia;. 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)
March 2, 2018 Opinion or Order Filing 21 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: An Initial pretrial conference will be held on Wednesday, February 28, 2018 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. Amended Pleadings due by 6/1/2018. Joinder of Parties due by 6/1/2018. Motions due by 3/1/2019. Fact Discovery due by 10/12/2018. Expert Discovery due by 12/14/2018. Dispositive motions are to be served by December 21, 2018. Answering papers are to be served within 28 days. Reply papers are to be served within seven (7) days. Case Management Conference set for 9/14/2018 at 09:45 AM before Judge George B. Daniels. Final Pretrial Conference set for 3/8/2019 at 09:45 AM before Judge George B. Daniels. Pretrial Order due by 2/1/2019. Ready for Trial by 3/29/2019. The estimated trial time is 5 days, and this is a jury trial. (Signed by Judge George B. Daniels on 3/2/2018) (jwh)
March 1, 2018 Filing 20 LETTER addressed to Judge George B. Daniels from Peter A. Sullivan dated 03/01/2018 re: Civil Case Management Plan and Scheduling Order. Document filed by NovaSparks SA. (Attachments: #1 Text of Proposed Order Amended Civil Case Management Plan and Scheduling Order)(Sullivan, Peter)
February 28, 2018 Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 2/28/2018. Plaintiff Counsel: Peter A. Sullivan, Erik Alexander Huestis, Melissa Stewart; Defense Counsel: Kenneth J. Sheehan and Court Reporter present. The subsequent conference is scheduled for September 14, 2018 at 9:45 a.m. (Vega, Elizabeth)
February 23, 2018 Filing 19 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against NovaSparks SA. Document filed by Enyx SA, EnyxFPGA, Inc..(Sheehan, Kenneth)
February 21, 2018 Filing 18 LETTER addressed to Judge George B. Daniels from Peter A. Sullivan dated 02/21/2018 re: Civil Case Management Plan and Scheduling Order. Document filed by NovaSparks SA. (Attachments: #1 Text of Proposed Order)(Sullivan, Peter)
January 3, 2018 Opinion or Order Filing 17 ORDER: granting #15 Letter Motion for Extension of Time. ORDERED, that the Parties joint motion to postpone the Initial pretrial conference be, and it is hereby, GRANTED, and that EnyxFPGA Inc.'s Consent Motion For Extension Of Time To Respond To Plaintiff's Complaint be, and it is hereby, GRANTED. IT IS FURTHER ORDERED, that the Initial pretrial conference be rescheduled for 9:30 AM on February 28, 2018 and that Defendant EnyxFPFA, Inc. and Enyx SA move, plead, or otherwise respond to Novaspark SA's Complaint on or before February 2,3 2018. Initial conference set for 2/28/2018, at 9:30 A.M. Answer due by 2/23/2018. (Signed by Judge George B. Daniels on 1/3/2018) (ap) Modified on 1/8/2018 (ap).
January 3, 2018 Enyx SA answer due 2/23/2018; EnyxFPGA, Inc. answer due 2/23/2018. Initial Conference set for 2/28/2018 at 9:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/3/2018) (ap)
January 2, 2018 Filing 16 NOTICE OF APPEARANCE by Erik Alexander Huestis on behalf of NovaSparks SA. (Huestis, Erik)
December 29, 2017 Filing 15 JOINT MOTION for Extension of Time to postpone Rule 26 Conference and extend time for Defendants to file Answers. Document filed by Enyx SA, EnyxFPGA, Inc..(Sheehan, Kenneth)
December 20, 2017 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Melissa Stewart to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 12/20/2017) (rjm)
December 15, 2017 Filing 13 MOTION for Melissa Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14479621. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NovaSparks SA. (Attachments: #1 Affidavit Local Rule 1.3 Declaration, #2 Supplement Certificate of Admission and Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice)(Stewart, Melissa)
December 15, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Melissa Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14479621. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 31, 2017 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Answer: ORDERED, that Defendant EnyxFPGA Inc.'s Consent Motion For Extension Of Time To Respond To Plaintiff's Complaint be, and it is hereby, GRANTED. IT IS FURTHER ORDERED, that Defendant EnyxFPGA, Inc. move, plead, or otherwise respond to NovaSpark SA's Complaint on or before January 9, 2018. (Signed by Judge George B. Daniels on 10/31/2017) (jwh)
October 30, 2017 Filing 11 CONSENT MOTION for Extension of Time to File Answer . Document filed by EnyxFPGA, Inc..(Sheehan, Kenneth)
October 30, 2017 Filing 10 NOTICE of Corporate Disclosure. Document filed by Enyx SA, EnyxFPGA, Inc.. (Sheehan, Kenneth)
October 30, 2017 Filing 9 NOTICE OF APPEARANCE by Kenneth J. Sheehan on behalf of Enyx SA, EnyxFPGA, Inc.. (Sheehan, Kenneth)
October 26, 2017 Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Enyx SA waiver sent on 10/11/2017, answer due 1/9/2018; EnyxFPGA, Inc. waiver sent on 10/11/2017, answer due 1/9/2018. Document filed by NovaSparks SA. (Sullivan, Peter)
October 13, 2017 Filing 7 AFFIDAVIT OF SERVICE. EnyxFPGA, Inc. served on 10/11/2017, answer due 11/1/2017. Service was accepted by Arnaud Derasse, Founder & CEO. Document filed by NovaSparks SA. (Sullivan, Peter)
October 12, 2017 Opinion or Order Filing 6 INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/10/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 10/11/2017) (jwh)
October 11, 2017 Filing 5 ELECTRONIC SUMMONS ISSUED as to Enyx SA, EnyxFPGA, Inc. (kl)
October 11, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (kl)
October 11, 2017 Case Designated ECF. (kl)
October 11, 2017 Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl)
October 11, 2017 Case Eligible for Patent Pilot Program. (kl)
October 10, 2017 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to EnyxFPGA, Inc.; Enyx SA, re: #1 Complaint. Document filed by NovaSparks SA. (Sullivan, Peter)
October 10, 2017 Filing 3 CIVIL COVER SHEET filed. (Sullivan, Peter)
October 10, 2017 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NovaSparks SA.(Sullivan, Peter)
October 10, 2017 Filing 1 COMPLAINT against Enyx SA, EnyxFPGA, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14225901)Document filed by NovaSparks SA.(Sullivan, Peter)

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Defendant: EnyxFPGA, Inc.
Represented By: Michael Edward Anderson
Represented By: Kenneth J. Sheehan
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Defendant: Enyx SA
Represented By: Michael Edward Anderson
Represented By: Kenneth J. Sheehan
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Plaintiff: NovaSparks SA
Represented By: Peter A. Sullivan
Represented By: Melissa Stewart
Represented By: Erik Alexander Huestis
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