Beverage Dispensing Solutions, LLC v. Hydration Labs, Inc.
| Beverage Dispensing Solutions, LLC |
| Hydration Labs, Inc. d/b/a Bevi and Hydration Labs, Inc. |
| 1:2019cv05262 |
| June 4, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Filing 27 MEMO ENDORSED letter addressed to Judge Cote from Simon Malko dated 7/22/2019 re: request for an extension of the time to respond to the complaint. ENDORSEMENT: The extension is granted to 8/14/2019. (Signed by Judge Denise L. Cote on 7/23/2019) (gr) |
| Filing 26 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Denise L. Cote from Simon R. Malko dated July 22, 2019. Document filed by Hydration Labs, Inc..(Malko, Simon) |
| Filing 25 NOTICE OF APPEARANCE by Simon Robert Malko on behalf of Hydration Labs, Inc.. (Malko, Simon) |
| Filing 24 NOTICE of Initial Pretrial Conference re: #23 Order for Initial Pretrial Conference,. Document filed by Beverage Dispensing Solutions, LLC. (Grochocinski, Timothy) |
| Filing 23 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 8/16/2019 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 7/15/2019) (gr) |
Filing 22
ORDER granting #18 Motion for Joseph P. Oldaker to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 21
ORDER granting #16 Motion for Timothy E. Grochocinski to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 20 SUMMONS RETURNED EXECUTED. Hydration Labs, Inc. served on 7/2/2019, answer due 7/23/2019. Service was accepted by Lynanne Gares. Document filed by Beverage Dispensing Solutions, LLC. (Grochocinski, Timothy) |
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Filing 19
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)
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| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote, Patent Judge. Judge George B. Daniels is no longer assigned to the case. (wb) |
| ***DELETED DOCUMENT. Deleted document number 17 ORDER FOR ADMISSION PRO HAC VICE. The document was incorrectly filed in this case. (lb) |
| Filing 18 MOTION for Joseph P. Oldaker to Appear Pro Hac Vice Receipt Number- ANYSDC-17051615. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverage Dispensing Solutions, LLC. (Attachments: #1 Exhibit 1- Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Oldaker, Joseph) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Joseph P. Oldaker to Appear Pro Hac Vice Receipt Number- ANYSDC-17051615. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 16 MOTION for Timothy E. Grochocinski to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverage Dispensing Solutions, LLC. (Attachments: #1 Exhibit 1- Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Grochocinski, Timothy) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Timothy E. Grochocinski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17042282. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverage Dispensing Solutions, LLC. (Attachments: #1 Exhibit 1- Certificate of Good Standing, #2 Text of Proposed Order)(Grochocinski, Timothy) Modified on 6/7/2019 (bcu). |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Hydration Labs, Inc.. (jgo) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Timothy E. Grochocinski to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Timothy E. Grochocinski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17042282. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration is missing per local rule 1.3;. 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) |
| Filing 13 AMENDED COMPLAINT amending #1 Complaint against Hydration Labs, Inc. with JURY DEMAND.Document filed by Beverage Dispensing Solutions, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit US8103378, #2 Exhibit Bevi_378_Chart, #3 Exhibit US8290615, #4 Exhibit Bevi_615_Chart, #5 Exhibit US8548624, #6 Exhibit Bevi_624_Chart, #7 Exhibit US9090446, #8 Exhibit Bevi_446_Chart, #9 Exhibit US9090447, #10 Exhibit Bevi_447_Chart, #11 Exhibit US9090449, #12 Exhibit Bevi_449_Chart, #13 Exhibit Bevi-Press-Kit-2018, #14 Exhibit Bevi_Publ_US20180251361A1)(Koerner, Gregory) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Hydration Labs, Inc., re: #1 Complaint. Document filed by Beverage Dispensing Solutions, LLC. (Koerner, Gregory) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Beverage Dispensing Solutions, LLC.(Koerner, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Oliver Koerner to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong district filing court was selected. 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Oliver Koerner to RE-FILE Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): the pleading must be linked to the initial pleading (Doc. 1). Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 10 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #6 Amended Complaint,, against Hydration Labs, Inc. with JURY DEMAND.Document filed by Beverage Dispensing Solutions, LLC. Related document: #6 Amended Complaint,,. (Attachments: #1 Exhibit US8103378, #2 Exhibit Bevi_378_Chart, #3 Exhibit US8290615, #4 Exhibit Bevi_615_Chart, #5 Exhibit US8548624, #6 Exhibit Bevi_624_Chart, #7 Exhibit US9090446, #8 Exhibit Bevi_446_Chart, #9 Exhibit US9090447, #10 Exhibit Bevi_447_Chart, #11 Exhibit US9090449, #12 Exhibit Bevi_449_Chart, #13 Exhibit Bevi-Press-Kit-2018, #14 Exhibit Bevi_Publ_US20180251361A1)(Koerner, Gregory) Modified on 6/6/2019 (jgo). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to HYDRATION LABS, INC., d/b/a BEVI, re: #1 Complaint. Document filed by Beverage Dispensing Solutions, LLC. (Koerner, Gregory) Modified on 6/6/2019 (dnh). |
| Filing 8 CIVIL COVER SHEET filed. (Koerner, Gregory) |
| Filing 7 AO 120 FORM PATENT - CASE OPENING - 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 court action has been 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). (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Gregory Oliver Koerner re: Document No. #2 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney; the Date field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Oliver Koerner. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Oliver Koerner to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; incorrect filing court. 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gregory Oliver Koerner to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Oliver Koerner to RE-FILE Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF must state Amended" Complaint. Re-file the pleading using the event type Amended 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Oliver Koerner. The party information for the following party/parties has been modified: Hydration Labs, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| 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. (sj) |
| Case Eligible for Patent Pilot Program. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gregory Oliver Koerner to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): no signature or s/. (ldi) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - PDF ERROR AMENDED COMPLAINT amending #1 Complaint against Beverage Dispensing Solutions, LLC with JURY DEMAND.Document filed by Beverage Dispensing Solutions, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit US8103378, #2 Exhibit Bevi_378_Chart, #3 Exhibit US8290615, #4 Exhibit Bevi_615_Chart, #5 Exhibit US8548624, #6 Exhibit Bevi_624_Chart, #7 Exhibit US9090446, #8 Exhibit Bevi_446_Chart, #9 Exhibit US9090447, #10 Exhibit Bevi_447_Chart, #11 Exhibit US9090449, #12 Exhibit Bevi_449_Chart, #13 Exhibit Bevi-Press-Kit-2018, #14 Exhibit Bevi_Publ_US20180251361A1)(Koerner, Gregory) Modified on 6/5/2019 (sj). |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to HYDRATION LABS, INC. d/b/a BEVI, re: #1 Complaint. Document filed by Beverage Dispensing Solutions, LLC. (Koerner, Gregory) Modified on 6/5/2019 (sj). |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Beverage Dispensing Solutions, LLC.(Koerner, Gregory) Modified on 6/5/2019 (ldi). |
| Filing 3 FILING ERROR - DEFICIENT CIVIL COVER SHEET - PDF ERROR CIVIL COVER SHEET filed. (Koerner, Gregory) Modified on 6/5/2019 (sj). |
| Filing 2 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review. (Attachments: #1 Supplement AO120 Part 2)(Koerner, Gregory) |
| Filing 1 COMPLAINT against Hydration Labs, Inc. d/b/a Bevi. (Filing Fee $ 400.00, Receipt Number ANYSDC-17017529)Document filed by Beverage Dispensing Solutions, LLC.(Koerner, Gregory) |
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