DigiMedia Tech, LLC v. Elite Brands Inc.
Plaintiff: DigiMedia Tech, LLC
Defendant: Elite Brands Inc.
Case Number: 1:2020cv07573
Filed: September 15, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 11, 2020 Filing 19 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 11/11/2020 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)..(rro)
November 11, 2020 Opinion or Order Filing 18 ORDER: It has been reported to the Court that the parties in this case have reached a settlement agreement. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/11/2020) (rro)
October 30, 2020 Opinion or Order Filing 17 ORDER granting #14 Motion for Lance E. Wyatt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
October 30, 2020 Opinion or Order Filing 16 ORDER granting #13 Motion for Ricardo J. Bonilla to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
October 30, 2020 Opinion or Order Filing 15 ORDER granting #12 Motion for Neil J. McNabnay to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
October 30, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Lance E. Wyatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22375322. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Ricardo J. Bonilla to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22375308. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 29, 2020 Filing 14 MOTION for Lance E. Wyatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22375322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elite Brands Inc.. (Attachments: #1 Affidavit Declaration of Lance E. Wyatt, #2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(Wyatt, Lance)
October 29, 2020 Filing 13 MOTION for Ricardo J. Bonilla to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22375308. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elite Brands Inc.. (Attachments: #1 Affidavit Declaration of Ricardo J. Bonilla, #2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(Bonilla, Ricardo)
October 28, 2020 Filing 12 MOTION for Neil J. McNabnay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22356794. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elite Brands Inc.. (Attachments: #1 Affidavit Declaration of Neil J. McNabnay, #2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(McNabnay, Neil)
October 28, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Neil J. McNabnay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22356794. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 15, 2020 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/15/2020) (ks)
October 15, 2020 Set/Reset Deadlines: Elite Brands Inc. answer due 11/13/2020. (ks)
October 12, 2020 Filing 10 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Vernon S. Broderick from Excylyn J. Hardin-Smith dated 10/12/2020. Document filed by Elite Brands Inc...(Hardin-Smith, Excylyn)
October 12, 2020 Filing 9 NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Elite Brands Inc...(Hardin-Smith, Excylyn)
September 16, 2020 Filing 8 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)..(jgo)
September 16, 2020 Filing 7 ELECTRONIC SUMMONS ISSUED as to Elite Brands Inc...(jgo)
September 16, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
September 16, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Daniel A. Kent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21669290. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 16, 2020 Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
September 16, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Kent. 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;. (jgo)
September 16, 2020 Case Designated ECF. (jgo)
September 16, 2020 Case Eligible for Patent Pilot Program. (jgo)
September 15, 2020 Filing 6 MOTION for Daniel A. Kent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21669290. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DigiMedia Tech, LLC. (Attachments: #1 Declaration of Daniel A. Kent, #2 Certificate of Good Standing Dated Sept 10, 2020 by Georgia Supreme Court, #3 Proposed Order).(Kent, Daniel)
September 15, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Elite Brands Inc., re: #1 Complaint,,. Document filed by DigiMedia Tech, LLC..(Kent, Daniel)
September 15, 2020 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Brainbox Innovations, LLC for DigiMedia Tech, LLC. Document filed by DigiMedia Tech, LLC..(Kent, Daniel)
September 15, 2020 Filing 3 CIVIL COVER SHEET filed..(Kent, Daniel)
September 15, 2020 Filing 2 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Kent, Daniel)
September 15, 2020 Filing 1 COMPLAINT against Elite Brands Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21668891)Document filed by DigiMedia Tech, LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 6,914,635, #2 Exhibit B - U.S. Patent No. 6,545,706, #3 Exhibit C - U.S. Patent No. 7,715,476, #4 Exhibit D - Claim Chart 635 v BH, #5 Exhibit E - Claim Chart 635 v Minolta, #6 Exhibit F - Claim Chart 706 v BH, #7 Exhibit G - Claim Chart 706 v Minolta, #8 Exhibit H - Claim Chart 476 v BH, #9 Exhibit I - Claim Chart 476 v Minolta).(Kent, Daniel)

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Plaintiff: DigiMedia Tech, LLC
Represented By: Daniel Kent
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Defendant: Elite Brands Inc.
Represented By: Lance E. Wyatt, Jr
Represented By: Neil J. McNabnay
Represented By: Ricardo Bonilla
Represented By: Excylyn Janaize Hardin-Smith
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