Nike, Inc. v. Lululemon USA Inc. et al
| Nike, Inc. |
| Lululemon Athletica Inc., CURIOUSER PRODUCTS INC. D/B/A MIRROR, Curiouser Products Inc. doing business as Mirror and Lululemon USA Inc. |
| 1:2022cv00082 |
| January 5, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Alison J Nathan |
| Ona T Wang |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
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Filing 104
MEMO ENDORSEMENT granting #98 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. SO ORDERED. Attorney Jennifer Jeanne Schmidt terminated.. (Signed by Magistrate Judge Ona T. Wang on 2/14/2023) (rro)
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Filing 103
DECLARATION of Aaron P. Bowling in Opposition re: #95 MOTION to Stay Pending Inter Partes Review.. Document filed by Nike, Inc.. (Attachments: #1 Exhibit A - Affidavit of Service, #2 Exhibit B - 2022-07-18 Defendants' Preliminary Invalidity Contentions, #3 Exhibit C - NIKE 2022 10-K, #4 Exhibit D - lululemon 2021 10-K, #5 Exhibit E - www.nj.com_lululemon to enter footwear industry, #6 Exhibit F - grewallevymarketing.com).(Bowling, Aaron)
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Filing 102
MEMORANDUM OF LAW in Opposition re: #95 MOTION to Stay Pending Inter Partes Review. . Document filed by Nike, Inc...(Bowling, Aaron)
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Filing 101
DECLARATION of Forrest McClellen re: #100 Brief . Document filed by Curiouser Products Inc., Lululemon USA Inc.. (Attachments: #1 Exhibit 1- Excerpts from the deposition transcript of Scott G. McLean, Ph.D, dated Dec. 6, 2022, #2 Exhibit 2 - Excerpts from the image file wrapper for U.S. Patent Application No. 13/909,832, an application data sheet and the original asfiled specification, claims, abstract, and drawings, dated June 4, 2013, #3 Exhibit 3 - Excerpts from the image file wrapper for U.S. Patent Application No. 13/909,832, an Amendment to Accompany Request for Continued Examination under 37 CFR 1.114, dated Sept. 25, 2015, #4 Exhibit 4 - Excerpts from Plaintiffs Supplemental Preliminary Disclosure of Asserted Claims and Infringement Contentions, dated August 25, 2022, #5 Exhibit 5 - Excerpts from a document bearing bates numbers MIRROR_SDNY82_00000451-510, which lululemon produced to Nike in this litigation, dated Mar. 30, 2021).(McClellen, Forrest)
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Filing 100
BRIEF Curiouser Products Inc., and Lululemon USA Inc,'s Answering Claim Construction Brief. Document filed by Curiouser Products Inc., Lululemon USA Inc...(Mooney, Kyle)
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Filing 99
DECLARATION of Jennifer J. Schmidt in Support re: #98 MOTION for Jennifer J. Schmidt to Withdraw as Attorney .. Document filed by Curiouser Products Inc., Lululemon Athletica Inc.. (Attachments: #1 Text of Proposed Order granting withdrawal).(Schmidt, Jennifer)
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Filing 98
MOTION for Jennifer J. Schmidt to Withdraw as Attorney . Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Schmidt, Jennifer)
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Filing 97
DECLARATION of Kyle D. Friedland in Support re: #95 MOTION to Stay Pending Inter Partes Review.. Document filed by Curiouser Products Inc., Lululemon USA Inc.. (Attachments: #1 Exhibit A - United States Patent and Trademark Office PTAB Trial Statistics FY22, #2 Exhibit B - Article titled MIRROR Launches the First Connected Fitness System to Bring an Immersive Studio Experience In-Home).(Friedland, Kyle)
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Filing 96
MEMORANDUM OF LAW in Support re: #95 MOTION to Stay Pending Inter Partes Review. . Document filed by Curiouser Products Inc., Lululemon USA Inc...(Mooney, Kyle)
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Filing 95
MOTION to Stay Pending Inter Partes Review. Document filed by Curiouser Products Inc., Lululemon USA Inc...(Mooney, Kyle)
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Filing 94
ORDER: The Court is in receipt of ECF 44. Application GRANTED. Defendants' Opening Brief will be filed no later than January 30, 2023; Plaintiff's Opposition Brief will be filed within fourteen (14) calendar days of Defendants' Opening Brief; and Defendants' Reply Brief will be filed within seven (7) calendar days of Plaintiff's Opposition Brief. ( Brief due by 1/30/2023.) (Signed by Magistrate Judge Ona T. Wang on 1/30/2023) (rro)
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Filing 93
RESPONSE re: 92 Order,, (Joint Proposed Briefing Schedule). Document filed by Nike, Inc...(Bowling, Aaron)
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Filing 92
ORDER. The Court is in receipt of ECF 91, the joint status report for tomorrow's status conference. Most of the deadlines discussed in the status report concern scheduling of matters that would be before the District Judge in this case. The Court further notes that Defendants "intend to seek a stay of this action" but have not yet so moved. Accordingly, by January 27, 2023, the parties are directed to submit a proposed briefing schedule on the motion to stay or inform the Court whether such a stay would be on consent. The status conference scheduled for 1/24/2023 is hereby adjourned sine die. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (jhw)
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Filing 91
STATUS REPORT. (Joint Status Report) Document filed by Nike, Inc.. (Attachments: #1 Exhibit A - Joint Letter to Judge Abrams).(Renk, Christopher)
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Filing 90
ORDER OF WITHDRAWAL OF DIEK O. VAN NORT AS COUNSEL OF RECORD granting #88 MOTION for Diek O. Van Nort to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Diek O. Van Nort and the Declaration in Support, dated January 17, 2023, it is, ORDERED that Diek O. Van Nort, be withdrawn as counsel of record for Defendants and it is further, ORDERED that the clerk is directed to remove Mr. Van Nort from the Court's electronic service list. The Clerk of Court is also directed to remove the gavel from ECF 88. SO ORDERED. Attorney Diek Van Nort terminated. (Signed by Magistrate Judge Ona T. Wang on 1/18/2023) (jca)
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Filing 89
DECLARATION of Diek O. Van Nort in Support re: #88 MOTION for Diek O. Van Nort to Withdraw as Attorney .. Document filed by Curiouser Products Inc., Lululemon Athletica Inc., Lululemon USA Inc...(Van Nort, Diek)
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Filing 88
MOTION for Diek O. Van Nort to Withdraw as Attorney . Document filed by Curiouser Products Inc., Lululemon Athletica Inc., Lululemon USA Inc.. (Attachments: #1 Exhibit Text of proposed order).(Van Nort, Diek)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Diek Van Nort to RE-FILE Document #87 MOTION for Diek O. Van Nort to Withdraw as Attorney .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Select Declaration in Support of Motion found under the Event List. Only the Proposed Order and/or a Certificate of Service should be attached to this Motion. (kj)
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Filing 87
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Diek O. Van Nort to Withdraw as Attorney . Document filed by Curiouser Products Inc., Lululemon USA Inc.. (Attachments: #1 Affidavit of Diek O. Van Nort, #2 Text of Proposed Order to Withdraw as Counsel of Record).(Van Nort, Diek) Modified on 1/18/2023 (kj).
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Filing 86
NOTICE of of Inter Partes Review of U.S. Patents. Document filed by Curiouser Products Inc., Lululemon USA Inc.. (Attachments: #1 Exhibit A - Petition for Inter Partes Review of U.S. Patent No. 9,259,615, #2 Exhibit B - Petition for Inter Partes Review of U.S. Patent No. 10,923,225, #3 Exhibit C - Petition for Inter Partes Review of U.S. Patent No. 8,620,413, #4 Exhibit D - Petition for Inter Partes Review of U.S. Patent No. 10,188,930).(Mooney, Kyle)
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Filing 85
DECLARATION of Aaron P. Bowling in Support re: #84 Brief. Document filed by Nike, Inc.. (Attachments: #1 Exhibit A - NIKE-LULU-0015196, #2 Exhibit B - Mclean Declaration and Exhibits, #3 Exhibit C - Mclean Depo (excerpted), #4 Exhibit D - 225 Patent IPR Petition (excerpted), #5 Exhibit E - 930 Patent IPR Petition (excerpted, #6 Exhibit F - 930 Patent IPR Petition, Ex. 1002 - Lofi).(Bowling, Aaron)
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Filing 84
BRIEF (NIKE, INC.'S OPENING CLAIM CONSTRUCTION BRIEF). Document filed by Nike, Inc...(Bowling, Aaron)
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Filing 83
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/10/2022 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....(McGuirk, Kelly)
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Filing 82
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/10/2022 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Rebecca Forman, (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 12/27/2022. Redacted Transcript Deadline set for 1/6/2023. Release of Transcript Restriction set for 3/6/2023..(McGuirk, Kelly)
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Filing 81
ORDER OF WITHDRAWAL OF STEFANI E. SHANBERG AS COUNSEL OF RECORD granting #79 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Stefani E. Shanberg and the Declaration in Support, dated December 1, 2022, it is, ORDERED that Stefani E. Shanberg, be withdrawn as counsel of record for Defendants and it is further, ORDERED that the clerk is directed to remove Ms. Shanberg from the Court's electronic service list. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 12/5/2022) Attorney Stefani Elise Shanberg terminated (ks)
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Filing 80
DECLARATION of Stefani E. Shanberg in Support re: #79 MOTION for Stefani E. Shanberg to Withdraw as Attorney .. Document filed by Curiouser Products Inc., Lululemon Athletica Inc.. (Attachments: #1 Text of Proposed Order Proposed order granting withdrawal).(Shanberg, Stefani)
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Filing 79
MOTION for Stefani E. Shanberg to Withdraw as Attorney . Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Shanberg, Stefani)
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Filing 78
MEMO ENDORSEMENT on re: #76 JOINT LETTER MOTION for Extension of Time of Claim construction discovery addressed to Magistrate Judge Ona T. Wang from Aaron P. Bowling dated November 28, 2022. filed by Nike, Inc. ENDORSEMENT: My condolences to Mr. McLean and his family. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/29/2022) (ate)
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Filing 77
ORDER granting #76 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. Discovery due by 12/6/2022.. (Signed by Magistrate Judge Ona T. Wang on 11/29/2022) (rro)
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Filing 76
JOINT LETTER MOTION for Extension of Time of Claim construction discovery addressed to Magistrate Judge Ona T. Wang from Aaron P. Bowling dated November 28, 2022. Document filed by Nike, Inc...(Bowling, Aaron)
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Filing 75
ORDER granting #74 Motion for Forrest M. McClellen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #74 MOTION for Forrest M. McClellen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26996995. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 74
MOTION for Forrest M. McClellen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26996995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Curiouser Products Inc., Lululemon USA Inc.. (Attachments: #1 Affidavit Declaration of Forrest McClellen in Supprot of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission).(McClellen, Forrest)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 11/10/2022. (Quinn, Diane)
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Filing 73
ORDER: The Court held a Status Conference on November 10, 2022. Defendant's motion to vacate the Civil Case Management Plan and Scheduling Order (ECF 61) is DENIED. A status conference is scheduled for January 24, 2023, at 10:30 A.M. in Courtroom 20D at 500 Pearl Street, New York, NY 10007. ( Status Conference set for 1/24/2023 at 10:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/10/2022) (rro)
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Filing 72
NOTICE of Defendants' notice of inter partes review of U.S. Patent Nos. 10,232,220 and 9,278,256. Document filed by Curiouser Products Inc., Lululemon USA Inc.. (Attachments: #1 Exhibit A - IPR Petition for '220 patent, #2 Exhibit b - IPR Petition for '256 patent).(Mooney, Kyle)
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Filing 71
ORDER FOR ADMISSION PRO HAC VICE OF LINDSEY STAUBACH granting #70 Motion for Lindsey Staubach to Appear Pro Hac Vice. (Signed by Magistrate Judge Ona T. Wang on 11/9/2022) (rro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Lindsey Staubach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26928571. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 70
MOTION for Lindsey Staubach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26928571. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit Affidavit of Lindsey Staubach, #2 Text of Proposed Order Text of Proposed Order).(Staubach, Lindsey)
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Filing 69
STATUS REPORT. Joint Status Report Document filed by Nike, Inc...(Renk, Christopher)
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Filing 68
JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 67
BRIEF re: #66 Notice (Other) , PLAINTIFF NIKE, INC.S RESPONSE TO NOTICE OF SUPPLEMENTAL AUTHORITY. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 66
NOTICE of Supplemental Authority re: #36 MOTION for Judgment on the Pleadings .. Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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Filing 65
ORDER granting #64 Letter Motion for Extension of Time. Proposed Constructions for Disputed Claim Terms is due September 29, 2022. Meeting Regarding Disputed Claim Terms and Proposed Constructions is due October 6, 2022. Final Identification of Disputed Claim Terms and Proposed Constructions is due October 13, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (jhw)
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Filing 64
JOINT LETTER MOTION for Extension of Time Re Claim Construction Dates addressed to Magistrate Judge Ona T. Wang from Kyle W.K. Mooney dated September 20, 2022. Document filed by Curiouser Products Inc., Lululemon USA Inc...(Mooney, Kyle)
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Filing 63
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/10/2022 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....(McGuirk, Kelly)
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Filing 62
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/10/2022 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Eve Giniger, (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 9/23/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 12/1/2022..(McGuirk, Kelly)
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Filing 61
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: On August 10, 2022, the parties appeared for an in-person Status Conference. After review of the joint status report (ECF 59) and for reasons discussed at the conference, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure. Deposition due by 12/1/2022. Discovery due by 12/1/2022. Status Conference set for 11/10/2022 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 8/15/2022) (ate)
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Filing 60
NOTICE OF APPEARANCE by Kyle D. Friedland on behalf of Curiouser Products Inc., Lululemon USA Inc...(Friedland, Kyle)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 8/10/2022. (Quinn, Diane)
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Filing 59
STATUS REPORT. (Joint Status Report) Document filed by Nike, Inc...(Renk, Christopher)
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Filing 58
MEMO ENDORSEMENT granting #57 Motion to Substitute Party. ENDORSEMENT: Application GRANTED. Lululemon USA Inc. added. Lululemon Athletica Inc. terminated. (Signed by Magistrate Judge Ona T. Wang on 7/29/2022) (jca)
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Filing 57
JOINT MOTION to Substitute Party. Old Party: lululemon athletica inc., New Party: lululemon USA inc. . Document filed by Nike, Inc...(Renk, Christopher)
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Filing 56
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a INITIAL CASE MANAGEMENT CONFERENCE proceeding held on 5/11/2022 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... (js)
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Filing 55
TRANSCRIPT of Proceedings re: INITIAL CASE MANAGEMENT CONFERENCE held on 5/11/2022 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. (js)
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Filing 54
REPLY MEMORANDUM OF LAW in Support re: #36 MOTION for Judgment on the Pleadings . . Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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Filing 53
ORDER REGARDING E-DISCOVERY: This Order streamlines the production of email and other electronically-stored information ("ESI") to promote a "just, speedy, and inexpensive determination" of this action, as required by Federal Rule of Civil Procedure 1. This Order may be modified for good cause. If the parties cannot resolve their disagreements regarding any such proposed modifications, the parties shall submit the matter to the Court. Costs will be shifted for disproportionate ESI production requests pursuant to Federal Rule of Civil Procedure 26. Likewise, a party's nonresponsiveor dilatory discovery tactics will be cost-shifting considerations. (Signed by Magistrate Judge Ona T. Wang on 6/2/2022) (rro)
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Filing 52
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 6/2/2022) (rro)
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Filing 51
PROPOSED STIPULATION AND ORDER. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 50
PROPOSED PROTECTIVE ORDER. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time to File Response/Reply re #48 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #45 Memorandum of Law in Opposition to Motion addressed to Judge Ronnie Abrams from Kyle W.K. Mooney dated May 23, 2022. Application granted. SO ORDERED. Replies due by 6/10/2022. (Signed by Judge Ronnie Abrams on 5/24/2022) (ate)
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Filing 48
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #45 Memorandum of Law in Opposition to Motion addressed to Judge Ronnie Abrams from Kyle W.K. Mooney dated May 23, 2022. Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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Filing 47
DECLARATION of Michael Sebba in Opposition re: #36 MOTION for Judgment on the Pleadings .. Document filed by Nike, Inc.. (Attachments: #1 Exhibit 1-'256 patent applicant initiated interview summary, #2 Exhibit 2-'256 patent amended claims and arguments 9-24-2015).(Sebba, Michael)
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Filing 46
DECLARATION of Scott McLean in Opposition re: #36 MOTION for Judgment on the Pleadings .. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 45
MEMORANDUM OF LAW in Opposition re: #36 MOTION for Judgment on the Pleadings . . Document filed by Nike, Inc...(Renk, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Case Management Conference held on 5/11/2022. (Quinn, Diane)
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Filing 44
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Christopher J. Renk and Kyle Mooney dated May 4, 2022 re: Scheduling and Case Management Disputes. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 43
PROPOSED CASE MANAGEMENT PLAN. Document filed by Nike, Inc.. (Attachments: #1 Exhibit - Proposed Case Schedule).(Renk, Christopher)
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Filing 42
ORDER granting #40 Motion for Amy DeWitt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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Filing 41
ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply re #39 LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Judgment on the Pleadings . addressed to Judge Ronnie Abrams from Christopher J. Renk dated April 27, 2022. Application granted. SO ORDERED. Responses due by 5/20/2022. (Signed by Judge Ronnie Abrams on 4/28/2022) (ate)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Amy DeWitt to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26064958. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 40
MOTION for Amy DeWitt to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26064958. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 District of Columbia - Certificate of Good Standing, #3 Text of Proposed Order).(Dewitt, Amy)
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Filing 39
LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Judgment on the Pleadings . addressed to Judge Ronnie Abrams from Christopher J. Renk dated April 27, 2022. Document filed by Nike, Inc...(Renk, Christopher)
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Filing 38
ORDER: This case has been reassigned to me for all purposes. The referral to Judge Wang for general pretrial matters remains in effect. (Signed by Judge Ronnie Abrams on 4/25/2022) (ate)
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Filing 37
MEMORANDUM OF LAW in Support re: #36 MOTION for Judgment on the Pleadings . . Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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Filing 36
MOTION for Judgment on the Pleadings . Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Paul A. Crotty is no longer assigned to the case. (laq)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Alison J. Nathan is no longer assigned to the case. (vba)
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Filing 35
ANSWER to #34 Amended Complaint,,, with JURY DEMAND. Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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Filing 34
AMENDED COMPLAINT amending #1 Complaint,, against Curiouser Products Inc., Lululemon Athletica Inc. with JURY DEMAND.Document filed by Nike, Inc.. Related document: #1 Complaint,,. (Attachments: #1 Exhibit 1 - Fogarty Letter, #2 Exhibit 2 - Van Nort Letter, #3 Exhibit 3 - US Patent No. 8620413, #4 Exhibit 4 - US Patent No. 9278256, #5 Exhibit 5 - US Patent No. 9259615, #6 Exhibit 6 - US Patent No. 10188930, #7 Exhibit 7 - US Patent No. 10232220, #8 Exhibit 8 - US Patent No. 10923225, #9 Exhibit 9 - Mirror Website - Accessories, #10 Exhibit 10 - Mirror Website - App and TV, #11 Exhibit 11 - Mirror Website - Classes and programs, #12 Exhibit 12 - Mirror Website - Mirror Troubleshoots, #13 Exhibit 13 - Mirror Website - Product information and Tech Specs, #14 Exhibit 14 - Mirror Website - Using The Mirror).(Renk, Christopher)
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Filing 33
NOTICE OF APPEARANCE by Kathleen Patricia Duffy on behalf of Nike, Inc...(Duffy, Kathleen)
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Filing 32
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/11/2022 at 12:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 2/3/2022) (tg)
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Filing 31
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). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/26/2022) (vfr)
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Filing 30
ORDER granting #24 Motion for Bonnie Phan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 29
ORDER granting #23 Motion for Bridgette C. Boyd to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 28
ORDER granting #22 Motion for Michael J. Gershoni to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 27
ORDER granting #21 Motion for Diek O. Van Nort to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 26
ORDER granting #20 Motion for Jennifer J. Schmidt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 25
ORDER granting #19 Motion for Stefani E. Shanberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Bonnie Phan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25619752. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Bridgette C. Boyd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25618236. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 24
MOTION for Bonnie Phan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25619752. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Phan, Bonnie)
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Filing 23
MOTION for Bridgette C. Boyd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25618236. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Boyd, Bridgette)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Michael J. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25614509. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 22
MOTION for Michael J. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25614509. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Gershoni, Michael)
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Filing 21
MOTION for Diek O. Van Nort to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25597901. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Curiouser Products Inc., Lululemon Athletica Inc.. (Attachments: #1 Declaration of Diek O. Van Nort in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Van Nort, Diek)
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Filing 20
MOTION for Jennifer J. Schmidt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25597801. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Curiouser Products Inc., Lululemon Athletica Inc.. (Attachments: #1 Declaration of Jennifer J. Schmidt in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Schmidt, Jennifer)
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Filing 19
MOTION for Stefani E. Shanberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25597740. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Curiouser Products Inc., Lululemon Athletica Inc.. (Attachments: #1 Declaration of Stefani E. Shanberg in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Shanberg, Stefani)
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Filing 18
ORDER granting #13 Motion for Aaron P. Bowling to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 17
ORDER granting #12 Motion for Michael J. Harris to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 16
ORDER granting #11 Motion for Christopher J. Renk to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Stefani E. Shanberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25597740. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Diek O. Van Nort to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25597901. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Jennifer J. Schmidt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25597801. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 15
ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Curiouser Products Inc., Lululemon Athletica Inc...(Mooney, Kyle)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Michael J. Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25582255. 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. #13 MOTION for Aaron P. Bowling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25582309. 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 Christopher J. Renk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25582141. 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 13
MOTION for Aaron P. Bowling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25582309. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Bowling, Aaron)
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Filing 12
MOTION for Michael J. Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25582255. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Harris, Michael)
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Filing 11
MOTION for Christopher J. Renk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25582141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Renk, Christopher)
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Filing 10
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)..(vf)
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Filing 9
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Sebba, Michael)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Lululemon Athletica Inc.. (sj)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Curiouser Products Inc...(sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Jonathan Sebba. 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)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Jonathan Sebba. The party information for the following party/parties has been modified: Curiouser Products Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party type was entered incorrectly. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 6
CIVIL COVER SHEET filed..(Sebba, Michael)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc...(Sebba, Michael)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to LULULEMON ATHLETICA INC., re: #1 Complaint,,. Document filed by Nike, Inc...(Sebba, Michael)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to CURIOUSER PRODUCTS INC. D/B/A MIRROR, re: #1 Complaint,,. Document filed by Nike, Inc...(Sebba, Michael)
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Filing 2
FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Sebba, Michael) Modified on 1/6/2022 (sj).
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Filing 1
COMPLAINT against CURIOUSER PRODUCTS INC. D/B/A MIRROR, Lululemon Athletica Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25544101)Document filed by Nike, Inc.. (Attachments: #1 1 - Fogarty Letter, #2 2 - Van Nort Letter, #3 3 - US Patent No. 8620413, #4 4 - US Patent No. 9278256, #5 5 - US Patent No. 9259615, #6 6 - US Patent No. 10188930, #7 7 - US Patent No. 10232220, #8 8 - US Patent No. 10923225, #9 9 - Mirror Website - Accessories, #10 10 - Mirror Website - App and TV, #11 11 - Mirror Website - Classes and programs, #12 12 - Mirror Website - Mirror Troubleshoots, #13 13 - Mirror Website - Product information and Tech Specs, #14 14 - Mirror Website - Using The Mirror).(Sebba, Michael)
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