Peloton Interactive, Inc. v. Lululemon Athletica Canada Inc.
| Peloton Interactive, Inc. |
| lululemon athletica canada inc. |
| 1:2021cv10071 |
| November 24, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Patent |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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Filing 35
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 9/29/2022 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)..(ate)
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Filing 34
OPINION & ORDER re: #20 MOTION to Dismiss Complaint. filed by Lululemon Athletica Canada Inc., #21 MOTION to Seal Portions of Defendant's Motion to Dismiss Complaint and Declaration of Ashlee Fallon. filed by Lululemon Athletica Canada Inc., #27 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Steven N. Feldman dated January 21, 2022. filed by Peloton Interactive, Inc. For the foregoing reasons, this action is dismissed. The Court also grants both parties' motions to seal. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 20, 21, and 27, and close this case. (Signed by Judge Andrew L. Carter, Jr on 9/29/2022) (ate)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss Complaint. . Document filed by Lululemon Athletica Canada Inc...(Razai, Ali)
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Filing 32
***SELECTED PARTIES***DECLARATION of Julie Whisler in Opposition re: #20 MOTION to Dismiss Complaint.. Document filed by Peloton Interactive, Inc., Lululemon Athletica Canada Inc.. Motion or Order to File Under Seal: #27 .(Feldman, Steven)
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Filing 31
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss Complaint. . Document filed by Peloton Interactive, Inc., Lululemon Athletica Canada Inc.. Motion or Order to File Under Seal: #27 .(Feldman, Steven)
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Filing 30
DECLARATION of Rebekah L. Soule in Opposition re: #20 MOTION to Dismiss Complaint.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Co-branding agreement, #2 Exhibit B - Articles of Incorporation of Lululemon Athletica USA Inc., #3 Exhibit C - Under Armour Complaint, #4 Exhibit D - November 11 letter from lululemon, #5 Exhibit E - Counsel Emails, #6 Exhibit F - November 24 letter from Peloton, #7 Exhibit G - Flight time from British Columbia to New York, #8 Exhibit H - Flight time from British Columbia to Los Angeles, #9 Exhibit I - Distance between San Francisco and Los Angeles, #10 Exhibit J - Albright Complaint, #11 Exhibit K - Albright Docket, #12 Exhibit L - Lululemon v. Doe Complaint, #13 Exhibit M - NY lululemon cases, #14 Exhibit N - Lex Machina Report, #15 Exhibit O - Calvin Klein Complaint, #16 Exhibit P - Cavalier Closeouts Complaint).(Feldman, Steven)
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Filing 29
DECLARATION of Julie Whisler [Redacted] in Opposition re: #20 MOTION to Dismiss Complaint.. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 28
MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss Complaint. [Redacted]. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 27
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Steven N. Feldman dated January 21, 2022. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 26
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent lululemon athletica inc. for Lululemon Athletica Canada Inc.. Document filed by Lululemon Athletica Canada Inc...(Smith, Brandon)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brandon G. Smith to RE-FILE Document #25 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 25
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Lululemon Athletica Canada Inc...(Smith, Brandon) Modified on 1/11/2022 (lb).
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Filing 24
DECLARATION of Ali S. Razai in Support re: #20 MOTION to Dismiss Complaint.. Document filed by Lululemon Athletica Canada Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Razai, Ali)
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Filing 23
***SELECTED PARTIES***DECLARATION of Ashlee Fallon in Support re: #20 MOTION to Dismiss Complaint.. Document filed by Lululemon Athletica Canada Inc., Peloton Interactive, Inc.. Motion or Order to File Under Seal: #21 .(Razai, Ali)
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Filing 22
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss Complaint. . Document filed by Lululemon Athletica Canada Inc., Peloton Interactive, Inc.. Motion or Order to File Under Seal: #21 .(Razai, Ali)
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Filing 21
MOTION to Seal Portions of Defendant's Motion to Dismiss Complaint and Declaration of Ashlee Fallon. Document filed by Lululemon Athletica Canada Inc.. (Attachments: #1 Memorandum of Law in Support of Motion to Seal, #2 Exhibit A - Redacted Version of Defendant's Memo in Support of Motion to Dismiss, #3 Exhibit B - Redacted Version of Fallon Declaration in Support of Motion to Dismiss).(Razai, Ali)
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Filing 20
MOTION to Dismiss Complaint. Document filed by Lululemon Athletica Canada Inc...(Razai, Ali)
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Filing 19
SUMMONS RETURNED EXECUTED. Lululemon Athletica Canada Inc. served on 12/1/2021, answer due 1/31/2022. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 18
MEMO ENDORSEMENT on re: #17 Notice (Other) filed by Lululemon Athletica Canada Inc. ENDORSEMENT: SO ORDERED. ( Motions due by 1/7/2022., Responses due by 1/21/2022, Replies due by 2/1/2022.) (Signed by Judge Andrew L. Carter, Jr on 1/3/2022) (ate)
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Filing 17
NOTICE of JOINT PROPOSED BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO DISMISS. Document filed by Lululemon Athletica Canada Inc...(Razai, Ali)
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Filing 16
ORDER DENYING REQUEST FOR PRE-MOTION CONFERENCE AND GRANTING LEAVE TO FILE A MOTION TO DISMISS denying #8 Letter Motion for Conference re: #8 LETTER MOTION for Conference (Defendants Request for Pre-Motion Conference regarding its planned Motion to Dismiss) addressed to Judge Andrew L. Carter, Jr. from Ali S. Razai dated December 13, 2021. The Court is in receipt of the Parties' submissions regarding Defendant's request for a pre-motion conference regarding an anticipated motion to dismiss. ECF Nos. 8, 12. Defendant's request is hereby DENIED. Defendant is GRANTED leave to file a motion to dismiss. The Parties shall submit a proposed briefing schedule to the Court for approval no later than December 29, 2021. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 8. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/22/2021) (tg)
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Filing 15
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE: granting #11 Motion for Craig S. Summers to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/17/2021) (ama)
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Filing 14
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #10 MOTION for Brandon G. Smith to Appear Pro Hac Vice.IT IS HEREBY ORDERED that Brandon G. Smith is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York for defendant lululemon athletica canada inc. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 12/17/2021) (jca)
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Filing 13
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE: granting #9 Motion for Ali S. Razai to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/17/2021) (ama)
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Filing 12
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Steven N. Feldman dated December 16, 2021 re: #8 LETTER MOTION for Conference (Defendants Request for Pre-Motion Conference regarding its planned Motion to Dismiss) addressed to Judge Andrew L. Carter, Jr. from Ali S. Razai dated December 13, 2021. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Ali S. Razai to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-25474162. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Brandon G. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25475133. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Craig S. Summers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25475144. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 11
MOTION for Craig S. Summers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25475144. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lululemon Athletica Canada Inc.. (Attachments: #1 Exhibit A - [Proposed] Order, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Affidavit).(Summers, Craig)
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Filing 10
MOTION for Brandon G. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25475133. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lululemon Athletica Canada Inc.. (Attachments: #1 Exhibit A - [Proposed] Order, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Affidavit).(Smith, Brandon)
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Filing 9
MOTION for Ali S. Razai to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-25474162. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lululemon Athletica Canada Inc.. (Attachments: #1 Exhibit A - [Proposed] Order, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Affidavit).(Razai, Ali)
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Filing 8
LETTER MOTION for Conference (Defendants Request for Pre-Motion Conference regarding its planned Motion to Dismiss) addressed to Judge Andrew L. Carter, Jr. from Ali S. Razai dated December 13, 2021. Document filed by Lululemon Athletica Canada Inc...(Razai, Ali)
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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)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Lululemon Athletica Canada Inc...(sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(sj)
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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. (sj)
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Case Designated ECF. (sj)
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Filing 5
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Feldman, Steven)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to lululemon athletica canada inc., re: #1 Complaint,,,,. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 2
CIVIL COVER SHEET filed..(Feldman, Steven)
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Filing 1
COMPLAINT against lululemon athletica canada inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25385801)Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Letter, #2 Exhibit 2 - U.S. Design Patent D709,668, #3 Exhibit 3 - U.S. Design Patent D759,942, #4 Exhibit 4 - U.S. Design Patent D798,539, #5 Exhibit 5 - U.S. Design Patent D836,291, #6 Exhibit 6 - U.S. Design Patent D903,233, #7 Exhibit 7 - U.S. Design Patent D923,914, #8 Exhibit 8 - U.S. Design Patent D635,329, #9 Exhibit 9 - U.S. Design Patent D668,839, #10 Exhibit 10 - Website, #11 Exhibit 11 - Website, #12 Exhibit 12 - Website, #13 Exhibit 13 - U.S. Design Patent D798,536, #14 Exhibit 14 - Website, #15 Exhibit 15 - Website, #16 Exhibit 16 - Website, #17 Exhibit 17 - Website, #18 Exhibit 18 - Website, #19 Exhibit 19 - Website, #20 Exhibit 20 - Website, #21 Exhibit 21 - Website, #22 Exhibit 22 - Website, #23 Exhibit 23 - Website).(Feldman, Steven)
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| Plaintiff: Peloton Interactive, Inc. | |
| Represented By: | Steven Nathaniel Feldman |
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| Defendant: lululemon athletica canada inc. | |
| Represented By: | Ali S. Razai |
| Represented By: | Brandon G. Smith |
| Represented By: | Craig Steven Summers |
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