Backertop Licensing LLC v. Justworks, Inc.
| Backertop Licensing LLC |
| Justworks, Inc. |
| 1:2022cv10142 |
| November 29, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Patent |
| 35 U.S.C. § 0001 Establishment of PTO |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 20
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Now comes Plaintiff, Backertop Licensing LLC, by and through its counsel, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), and hereby voluntarily dismisses all of the claims asserted against Defendant Justworks, Inc. in the within action Without Prejudice with each party bearing their own costs and fees. Justworks, Inc. has not served an answer or a motion for summary judgment. Application GRANTED. It is hereby ordered that this case is DISMISSED without prejudice and without costs (including attorneys' fees) to either party. All previously-scheduled deadlines and conferences are CANCELLED. The Clerk of Court is respectfully directed to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/27/2023) (tg)
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| 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 1/26/2023 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)..(tp) |
| Filing 18 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Justworks, Inc.. Document filed by Backertop Licensing LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Loaknauth, Nicholas) |
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Filing 17
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation and are directed to participate in the mediation in good faith. The partiesare directed to notify the Court no later than one week after the conclusion of all mediation whether they were able to settle this case. The Court specifically requests that a mediator with expertise in patent matters be assigned. The Court expects the parties to commence mediationpromptly, and to the extent possible, no later than February 24, 2023. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for January 27, 2023, is hereby ADJOURNED sine die. If mediation is unsuccessful, and Defendant wishes to file a Rule 12 motion to dismiss for lack of patent eligibility, the parties must submit a joint letter with a proposed briefing schedule, no later than one week after the conclusion of all mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/8/2023. (Signed by Judge Valerie E. Caproni on 1/25/2023) (tg)
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| Filing 16 LETTER addressed to Judge Valerie E. Caproni from Nicholas Loaknauth dated 1/24/23 re: Joint Letter. Document filed by Backertop Licensing LLC..(Loaknauth, Nicholas) |
| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Backertop Licensing LLC..(Loaknauth, Nicholas) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Valerie E. Caproni from Krishnan Padmanabhan dated January 18, 2023., #1 Complaint,. Application GRANTED. SO ORDERED. Justworks, Inc. answer due 2/1/2023. (Signed by Judge Valerie E. Caproni on 1/18/2023) (tg)
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| Filing 13 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Valerie E. Caproni from Krishnan Padmanabhan dated January 18, 2023. Document filed by Justworks, Inc...(Padmanabhan, Krishnan) |
| Set/Reset Deadlines: Motions due by 2/1/2023. (tg) |
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Filing 12
MEMO ENDORSEMENT granting #11 Motion for Extension of Time to Answer re #11 MOTION for Extension of Time to File Answer re: #1 Complaint, ., #1 Complaint,. ENDORSEMENT: Application GRANTED. SO ORDERED. Justworks, Inc. answer due 1/18/2023. (Signed by Judge Valerie E. Caproni on 12/21/2022) (tg)
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| Filing 11 MOTION for Extension of Time to File Answer re: #1 Complaint, . Document filed by Justworks, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Padmanabhan, Krishnan) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Karthik K. Murthy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27110287. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Ink Signature Needed When Not Using Own Pacer Account;. Re-file the motion as a 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. (sgz) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Karthik K. Murthy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27110287. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Backertop Licensing LLC. (Attachments: #1 Affidavit Declaration of Karthik K. Murthy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order Proposed Order).(Loaknauth, Nicholas) Modified on 12/21/2022 (sgz). |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Justworks, Inc. served on 12/14/2022, answer due 1/4/2023. Service was accepted by Asia Robinson, Manager. Document filed by Backertop Licensing LLC..(Loaknauth, Nicholas) |
| Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/27/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/1/2022) (tg) |
| 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). (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Justworks, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicholas Netram Loaknauth. The party information for the following party/parties has been modified: Backertop Licensing LLC, Justworks, Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nicholas Netram Loaknauth. The following case opening statistical information was erroneously selected/entered: Cause of Action code 35:271 Patent Infringement. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 35:0001 Establishment of PTO. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| Magistrate Judge Sarah Netburn 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Justworks, Inc., re: #1 Complaint,. Document filed by Backertop Licensing LLC..(Loaknauth, Nicholas) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Backertop Licensing LLC..(Loaknauth, Nicholas) |
| Filing 3 CIVIL COVER SHEET filed..(Loaknauth, Nicholas) |
| Filing 2 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Loaknauth, Nicholas) |
| Filing 1 COMPLAINT against Justworks, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27017556)Document filed by Backertop Licensing LLC. (Attachments: #1 Exhibit 1: US Pat. No. 9,332,385, #2 Exhibit 2: Office Action, #3 Exhibit 3: US Pat. No. 9,654,617).(Loaknauth, Nicholas) |
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| Plaintiff: Backertop Licensing LLC | |
| Represented By: | Nicholas Netram Loaknauth |
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| Defendant: Justworks, Inc. | |
| Represented By: | Krishnan Padmanabhan |
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