FCX Solar, LLC v. FTC Solar, Inc.
Plaintiff: FCX SOLAR, LLC
Defendant: FTC SOLAR, INC.
Case Number: 1:2021cv08766
Filed: October 27, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Ronnie Abrams
Referring Judge: Paul A Crotty
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2021 Opinion or Order Filing 34 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have already filed initial disclosures in this case (21-cv-03556-RA), but the parties had not yet filed initial disclosures in the W.D. Tex. patent-infringement case recently transferred to this Court and consolidated with this case. Fact-witness depositions shall be completed by July 11, 2022, or 60 days after the Court issues its claim construction order, whichever is later. On May 11, 2022, or another date at the Courts convenience, the Court will hear argument on claim construction. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by September 23, 2022, or 30 days after the deadline for rebuttal expert reports, whichever is later. The Court will conduct a post-discovery telephone conference on October 7, 2022 at 10:30 a.m. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. The parties have conferred and their present best estimate of the length of trial is ten days. The post-discovery conference scheduled for February 4, 2022 is hereby adjourned. Responses due by 4/6/2022. Replies due by 4/13/2022. Deposition due by 9/23/2022. Fact Discovery due by 7/11/2022. Expert Discovery due by 9/23/2022. Discovery due by 9/23/2022. Telephone Conference set for 10/7/2022 at 10:30 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/29/2021) Filed In Associated Cases: 1:21-cv-03556-RA-DCF, 1:21-cv-08766-RA (ate)
November 19, 2021 Opinion or Order Filing 33 ORDER granting (49) Letter Motion to Consolidate Cases 1:21-cv-3556 (as Lead Case) with 1:21-cv-8766 in case 1:21-cv-03556-RA-DCF. Application granted. The Clerk of Court is respectfully requested to consolidate 21-cv-3556 and 21-cv-8766 under the master file of 21-cv-3556. (Signed by Judge Ronnie Abrams on 11/19/2021) Filed In Associated Cases: 1:21-cv-03556-RA-DCF, 1:21-cv-08766-RA (ate)
November 19, 2021 Opinion or Order CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-03556-RA-DCF. (ate)
November 9, 2021 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:21-cv-03556-RA. Notice of Assignment to follow. (aea)
November 9, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Paul A. Crotty is no longer assigned to the case. (aea)
November 9, 2021 Opinion or Order Magistrate Judge Debra C. Freeman is so redesignated. (aea)
October 29, 2021 Opinion or Order Filing 32 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-03556-RA. Document filed by FCX SOLAR, LLC..(Moffa, Matthew)
October 27, 2021 Opinion or Order Filing 31 CASE TRANSFERRED IN from the United States District Court - District of Texas Western; Case Number: 6:21-cv-00548. Original file certified copy of transfer order and docket entries received.
October 27, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Crotty. 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. (sjo)
October 27, 2021 Opinion or Order Magistrate Judge Ona T. Wang 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. (sjo)
October 27, 2021 Opinion or Order Case Designated ECF. (sjo)
October 27, 2021 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
October 25, 2021 Opinion or Order Filing 30 ORDER GRANTING #13 Motion to Transfer Case. Signed by Judge Alan D Albright. (jc5) [Transferred from Texas Western on 10/27/2021.]
October 25, 2021 Opinion or Order Case transferred to District of Southern New York. (jc5) [Transferred from Texas Western on 10/27/2021.]
October 18, 2021 Opinion or Order Filing 29 ORDER CANCELLING DISCOVERY HEARING on Monday, October 18, 2021 at 10:00 AM is herebyCANCELLED until further order of the court. Signed by Judge Alan D Albright. (klw) [Transferred from Texas Western on 10/27/2021.]
October 8, 2021 Opinion or Order Filing 28 Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. [Transferred from Texas Western on 10/27/2021.]
September 16, 2021 Opinion or Order Filing 27 SCHEDULING ORDER: Markman Hearing set for 1/20/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 3/3/2022. Motions due by 10/27/2022. Pretrial Conference set for 1/5/2023 before Judge Alan D Albright. Jury Selection set for 1/26/2023 before Judge Jeffrey C. Manske. Jury Trial set for 1/26/2023 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5) [Transferred from Texas Western on 10/27/2021.]
August 26, 2021 Opinion or Order Filing 26 Proposed Scheduling Order by FCX Solar, LLC. (Moffa, Matthew) [Transferred from Texas Western on 10/27/2021.]
August 18, 2021 Opinion or Order Filing 25 MOTION to Appear Pro Hac Vice by M. Craig Tyler for Gene W. Lee ( Filing fee $ 100 receipt number 0542-15130660) by on behalf of FCX Solar, LLC. (Attachments: #1 Proposed Order)(Tyler, M.) [Transferred from Texas Western on 10/27/2021.]
August 18, 2021 Opinion or Order Text Order GRANTING #25 Motion to Appear Pro Hac Vice for Attorney Gene W. Lee for FCX Solar, LLC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) [Transferred from Texas Western on 10/27/2021.]
August 16, 2021 Opinion or Order Filing 24 STATUS REPORT REGARDING MOTION TO TRANSFER by FTC Solar, Inc.. (Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
August 12, 2021 Opinion or Order Filing 23 REPLY to Response to Motion, filed by FTC Solar, Inc., re #13 MOTION to Transfer Case filed by Defendant FTC Solar, Inc. (Attachments: #1 Declaration of Noelle M. Reed, #2 Exhibit 1, #3 Exhibit 2)(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
August 10, 2021 Opinion or Order Filing 22 ANSWER to #18 Amended Complaint for Patent Infringement by FTC Solar, Inc..(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
August 5, 2021 Opinion or Order Filing 21 Memorandum in Opposition to Motion, filed by FCX Solar, LLC, re #13 MOTION to Transfer Case filed by Defendant FTC Solar, Inc. (Attachments: #1 Declaration of Matthew J. Moffa, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Moffa, Matthew) [Transferred from Texas Western on 10/27/2021.]
July 29, 2021 Opinion or Order Text Order GRANTING #20 Motion to Appear Pro Hac Vice for Attorney James F. Valentine for FCX Solar, LLC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) [Transferred from Texas Western on 10/27/2021.]
July 29, 2021 Opinion or Order Filing 20 MOTION to Appear Pro Hac Vice by M. Craig Tyler for James F. Valentine ( Filing fee $ 100 receipt number 0542-15065709) by on behalf of FCX Solar, LLC. (Attachments: #1 Proposed Order)(Tyler, M.) [Transferred from Texas Western on 10/27/2021.]
July 29, 2021 Opinion or Order Filing 19 STATUS REPORT / Case Readiness Status Report by FCX Solar, LLC. (Moffa, Matthew) [Transferred from Texas Western on 10/27/2021.]
July 27, 2021 Opinion or Order Filing 18 AMENDED COMPLAINT against FTC Solar, Inc. amending #1 Complaint., filed by FCX Solar, LLC.(Moffa, Matthew) [Transferred from Texas Western on 10/27/2021.]
July 27, 2021 Opinion or Order Filing 17 NOTICE of Attorney Appearance by Matthew J Moffa on behalf of FCX Solar, LLC. Attorney Matthew J Moffa added to party FCX Solar, LLC(pty:pla) (Moffa, Matthew) [Transferred from Texas Western on 10/27/2021.]
July 27, 2021 Opinion or Order Text Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Alan D Albright. IT IS HEREBY ORDERED that Defendant FTC Solar, Inc.'s time to move or otherwise respond to Plaintiff's Complaint for Patent Infringement (Dkt. 1) is extended to Friday, July 23, 2021. Accordingly, the Answer was timely filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) [Transferred from Texas Western on 10/27/2021.]
July 27, 2021 Opinion or Order Text Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Marc W. Vander Tuig for FTC Solar, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) [Transferred from Texas Western on 10/27/2021.]
July 27, 2021 Opinion or Order Text Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Joseph J. Gribbin for FTC Solar, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) [Transferred from Texas Western on 10/27/2021.]
July 23, 2021 Opinion or Order Filing 16 SUPPLEMENT to #12 MOTION to Appear Pro Hac Vice by Noelle M. Reed on behalf of Marc Wade Vander Tuig ( Filing fee $ 100 receipt number 0542-15043084) by FTC Solar, Inc.. (Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
July 23, 2021 Opinion or Order Filing 15 SUPPLEMENT to #11 MOTION to Appear Pro Hac Vice by Noelle M. Reed on behalf of Joseph J. Gribbin ( Filing fee $ 100 receipt number 0542-15043037) by FTC Solar, Inc.. (Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
July 22, 2021 Opinion or Order Filing 14 Sealed Document: Exhibit 3 of #13 MOTION to Transfer Case by FTC Solar, Inc. (Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
July 22, 2021 Opinion or Order Filing 13 MOTION to Transfer Case by FTC Solar, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Noelle M. Reed, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3 - COVER SHEET ONLY FILED UNDER SEAL, #6 Exhibit 4)(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
July 22, 2021 Opinion or Order Filing 12 MOTION to Appear Pro Hac Vice by Noelle M. Reed on behalf of Marc Wade Vander Tuig ( Filing fee $ 100 receipt number 0542-15043084) by on behalf of FTC Solar, Inc.. (Attachments: #1 Proposed Order)(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
July 22, 2021 Opinion or Order Filing 11 MOTION to Appear Pro Hac Vice by Noelle M. Reed on behalf of Joseph J. Gribbin ( Filing fee $ 100 receipt number 0542-15043037) by on behalf of FTC Solar, Inc.. (Attachments: #1 Proposed Order)(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
July 22, 2021 Opinion or Order Filing 10 ANSWER to #1 Complaint with Jury Demand by FTC Solar, Inc..(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
June 16, 2021 Opinion or Order Filing 9 Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. [Transferred from Texas Western on 10/27/2021.]
June 16, 2021 Opinion or Order Filing 8 RULE 7 DISCLOSURE STATEMENT filed by FTC Solar, Inc.. (Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
June 16, 2021 Opinion or Order Filing 7 Unopposed MOTION for Extension of Time to File Answer by FTC Solar, Inc.. (Attachments: #1 Proposed Order)(Reed, Noelle) [Transferred from Texas Western on 10/27/2021.]
June 7, 2021 Opinion or Order Filing 6 SUMMONS Returned Executed by FCX Solar, LLC. FTC Solar, Inc. served on 6/2/2021, answer due 6/23/2021. (Tyler, M.) [Transferred from Texas Western on 10/27/2021.]
June 1, 2021 Opinion or Order Filing 5 Summons Issued as to FTC Solar, Inc.. (lad) [Transferred from Texas Western on 10/27/2021.]
June 1, 2021 Opinion or Order All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) [Transferred from Texas Western on 10/27/2021.]
May 29, 2021 Opinion or Order Filing 4 RULE 7 DISCLOSURE STATEMENT filed by FCX Solar, LLC. (Tyler, M.) [Transferred from Texas Western on 10/27/2021.]
May 29, 2021 Opinion or Order Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Tyler, M.) (Main Document 3 replaced on 6/1/2021) (lad). [Transferred from Texas Western on 10/27/2021.]
May 29, 2021 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by FCX Solar, LLC. (Tyler, M.) (Main Document 2 replaced on 6/1/2021) (lad). [Transferred from Texas Western on 10/27/2021.]
May 29, 2021 Opinion or Order Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-14859600), filed by FCX Solar, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Tyler, M.) [Transferred from Texas Western on 10/27/2021.]
May 28, 2021 Opinion or Order Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) [Transferred from Texas Western on 10/27/2021.]

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Search for this case: FCX Solar, LLC v. FTC Solar, Inc.
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Plaintiff: FCX SOLAR, LLC
Represented By: Gene W. Lee
Represented By: James F. Valentine
Represented By: Matthew J Moffa
Represented By: M. Craig Tyler
Represented By: Andrew R. Podolin
Represented By: Jacob Joseph Taber
Represented By: John Thomas Dixon
Represented By: Matthew Joseph Moffa
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Defendant: FTC SOLAR, INC.
Represented By: Joseph J. Gribbin
Represented By: Marc W Vander Tuig
Represented By: Noelle M. Reed
Represented By: Daniel Mayerfeld
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