Nike, Inc. v. Lululemon USA Inc.

Nike, Inc. v. Lululemon USA Inc.

Plaintiff:	Nike, Inc.
Defendant:	Lululemon USA Inc.
Case Number:	1:2023cv00771
Filed:	January 30, 2023
Court:	US District Court for the Southern District of New York
Presiding Judge:	J Paul Oetken
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 271 Patent Infringement
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on October 3, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 24, 2023	Filing 41 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent lululemon athletica inc. for Lululemon USA Inc.. Document filed by Lululemon USA Inc...(Razai, Ali)
March 24, 2023	Filing 40 ORDER granting #39 Letter Motion for Extension of Time to Answer: Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa)
March 24, 2023	Filing 39 LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Ali S. Razai dated March 24, 2023. Document filed by Lululemon USA Inc...(Razai, Ali)
March 24, 2023	Filing 38 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Nike, Inc.. Document filed by Lululemon USA Inc...(Razai, Ali)
March 24, 2023	Filing 37 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Lululemon USA Inc...(Razai, Ali) Modified on 3/24/2023 (lb).
March 24, 2023	***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Ali S. Razai to RE-FILE Document No. #37 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
March 20, 2023	Filing 36 ORDER granting #34 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
March 20, 2023	Filing 35 ORDER granting #31 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
March 17, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Lindsey C. Staubach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27478106. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
March 16, 2023	Filing 34 MOTION for Lindsey C. Staubach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27478106. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit of Lindsey C. Staubach, #2 Text of Proposed Order re Lindsey C. Staubach).(Staubach, Lindsey)
March 15, 2023	Filing 33 ORDER: Counsel for the parties are directed to appear for a telephone conference on Tuesday, April 18, 2023 at 2:30 PM in reference to Plaintiff's motion at ECF No. 23. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (aa)
March 14, 2023	Filing 32 NOTICE OF APPEARANCE by Kathleen Patricia Duffy on behalf of Nike, Inc...(Duffy, Kathleen)
March 9, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Paul A. Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27441913. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
March 8, 2023	Filing 31 MOTION for Paul A. Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27441913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lululemon USA Inc.. (Attachments: #1 Affidavit - Declaration of Paul A. Stewart, #2 Exhibit - Certificate of Good Standing, #3 Text of Proposed Order - Proposed Order on Motion).(Stewart, Paul)
March 8, 2023	Filing 30 ORDER granting #27 Letter Motion to Seal: Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (aa)
March 7, 2023	Filing 29 MEMORANDUM OF LAW in Opposition re: #23 LETTER MOTION for Leave to File Motion to Disqualify addressed to Judge J. Paul Oetken from Christopher J. Renk dated February 23, 2023. (Redacted). Document filed by Lululemon USA Inc.. (Attachments: #1 Affidavit - Declaration of Melanie Seelig, #2 Affidavit - Declaration of Philip M. Nelson, #3 Affidavit - Declaration of Craig S. Summers).(Stewart, Paul)
March 7, 2023	Filing 28 *SELECTED PARTIES* MEMORANDUM OF LAW in Opposition re: #23 LETTER MOTION for Leave to File Motion to Disqualify addressed to Judge J. Paul Oetken from Christopher J. Renk dated February 23, 2023. . Document filed by Lululemon USA Inc., Nike, Inc.. (Attachments: #1 Affidavit - Declaration of Melanie Seelig, #2 Affidavit - Declaration of Philip M. Nelson, #3 Affidavit - Declaration of Craig S. Summers)Motion or Order to File Under Seal: #27 .(Stewart, Paul)
March 7, 2023	Filing 27 LETTER MOTION to Seal Letter Brief and Declarations in Opposition to Motion to Disqualify #23 addressed to Judge J. Paul Oetken from Paul A. Stewart dated March 7, 2023. Document filed by Lululemon USA Inc...(Stewart, Paul)
February 28, 2023	Filing 26 ORDER granting #22 Letter Motion for Leave to File Document: Plaintiff Nike is hereby granted leave to file its letter motion seeking disqualification. Defendant shall respond to the letter motion seeking disqualification on or before March 7, 2023. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
February 28, 2023	Filing 25 ORDER granting #21 Letter Motion to Seal: Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
February 24, 2023	Filing 24 ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice; granting #16 Motion to Appear Pro Hac Vice; granting #18 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
February 23, 2023	Filing 23 *SELECTED PARTIES* LETTER MOTION for Leave to File Motion to Disqualify addressed to Judge J. Paul Oetken from Christopher J. Renk dated February 23, 2023. Document filed by Nike, Inc., Lululemon USA Inc.. (Attachments: #1 Exhibit A - Feb. 13, 2023 Email from Knobbe to Arnold & Porter, #2 Exhibit B - List of Knobbe Matters for Nike, #3 Exhibit C - Dec. 4, 2018 Email Summers to Saraceni, #4 Exhibit D - Dec. 4, 2018 Knobbe IP Matters Report, #5 Exhibit E - Dec. 4, 2018 Knobbe IP Matters Report, #6 Exhibit F - Oct. 14, 2016 Email Seelig to Staihar, #7 Exhibit G - Oct. 14, 2016 US Patent Heat Map Risk Reduction Techniques, #8 Exhibit H - Oct. 14, 2016 U.S. Product Testing Heat Map, #9 Exhibit I - Jan. 17, 2017 Email Seelig to Stricklin, #10 Exhibit J - Jan. 17, 2017 Public Disclosure Talking Points Memo, #11 Exhibit K - Feb. 16, 2023 Email from Arnold & Porter to Knobbe, #12 Exhibit L - Dec. 7, 2018 Email Summers to Saraceni)Motion or Order to File Under Seal: #21 .(Renk, Christopher)
February 23, 2023	Filing 22 LETTER MOTION for Leave to File Motion to Disqualify (redacted) addressed to Judge J. Paul Oetken from Christopher J. Renk dated February 23, 2023. Document filed by Nike, Inc.. (Attachments: #1 Exhibit A - Feb. 13, 2023 Email from Knobbe to Arnold & Porter, #2 Exhibit B - List of Knobbe Matters for Nike (under seal), #3 Exhibit C - Dec. 4, 2018 Email Summers to Saraceni (under seal), #4 Exhibit D - Dec. 4, 2018 Knobbe IP Matters Report (under seal), #5 Exhibit E - Dec. 4, 2018 Knobbe IP Matters Report (under seal), #6 Exhibit F - Oct. 14, 2016 Email Seelig to Staihar (under seal), #7 Exhibit G - Oct. 14, 2016 US Patent Heat Map Risk Reduction Techniques (under seal), #8 Exhibit H - Oct. 14, 2016 U.S. Product Testing Heat Map (under seal), #9 Exhibit I - Jan. 17, 2017 Email Seelig to Stricklin (under seal), #10 Exhibit J - Jan. 17, 2017 Public Disclosure Talking Points Memo (under seal), #11 Exhibit K - Feb. 16, 2023 Email from Arnold & Porter to Knobbe, #12 Exhibit L - Dec. 7, 2018 Email Summers to Saraceni (under seal)).(Renk, Christopher)
February 23, 2023	Filing 21 LETTER MOTION to Seal Nike, Inc.'s Letter Motion to Disqualify and Supporting Exhibits addressed to Judge J. Paul Oetken from Christopher J. Renk dated February 23, 2023. Document filed by Nike, Inc...(Renk, Christopher)
February 21, 2023	Filing 20 LETTER addressed to Judge J. Paul Oetken from Michael J. Gershoni dated 2/21/2023 re: Letter Response to #17 lululemon's Letter re Extension. Document filed by Nike, Inc.. (Attachments: #1 Exhibit A - Email re Request for Extension).(Gershoni, Michael)
February 21, 2023	Filing 19 ORDER granting #17 Letter Motion for Extension of Time to Answer: Granted to March 23, 2023. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
February 21, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Ali S. Razai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27362416. Motion and supporting papers to be reviewed by Clerk's Office staff.; #18 MOTION for Brandon G. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27362826. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
February 17, 2023	Filing 18 MOTION for Brandon G. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27362826. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lululemon USA Inc.. (Attachments: #1 Affidavit - Declaration of Brandon G. Smith, #2 Exhibit - Certificate of Good Standing, #3 Text of Proposed Order - Proposed Order on Motion).(Smith, Brandon)
February 17, 2023	Filing 17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge J. Paul Oetken from Ali S. Razai dated February 17, 2023. Document filed by Lululemon USA Inc...(Razai, Ali)
February 17, 2023	Filing 16 MOTION for Ali S. Razai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27362416. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lululemon USA Inc.. (Attachments: #1 Affidavit Declaration of Ali S. Razai, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order on Motion).(Razai, Ali)
February 8, 2023	Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Lululemon USA Inc. served on 1/31/2023, answer due 2/21/2023. Service was accepted by Ana Gomes - Agent. Document filed by Nike, Inc...(Renk, Christopher)
February 7, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Christopher J. Renk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27301310. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
February 6, 2023	Filing 14 MOTION for Christopher J. Renk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27301310. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit of Christopher J. Renk, #2 Text of Proposed Order re Christopher J. Renk).(Renk, Christopher)
February 6, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Bridgette C. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27295476. Motion and supporting papers to be reviewed by Clerk's Office staff.; #12 MOTION for Michael J. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27295393. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
February 3, 2023	Filing 13 MOTION for Bridgette C. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27295476. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit of Bridgette C. Gershoni, #2 Text of Proposed Order re Bridgette C. Gershoni).(Gershoni, Bridgette)
February 3, 2023	Filing 12 MOTION for Michael J. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27295393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit of Michael J. Gershoni, #2 Text of Proposed Order re Michael J. Gershoni).(Gershoni, Michael)
February 2, 2023	Filing 11 ORDER granting #9 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
February 2, 2023	Filing 10 ORDER granting #8 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
February 1, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Michael J. Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27276864. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
February 1, 2023	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Aaron P. Bowling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27276891. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
January 31, 2023	Filing 9 MOTION for Aaron P. Bowling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27276891. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit of Aaron P. Bowling, #2 Text of Proposed Order re Aaron P. Bowling).(Bowling, Aaron)
January 31, 2023	Filing 8 MOTION for Michael J. Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27276864. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nike, Inc.. (Attachments: #1 Affidavit of Michael J. Harris, #2 Text of Proposed Order re Michael J. Harris).(Harris, Michael)
January 31, 2023	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)..(jgo)
January 31, 2023	Filing 6 ELECTRONIC SUMMONS ISSUED as to Lululemon USA Inc...(jgo)
January 31, 2023	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)
January 31, 2023	Magistrate Judge Robert W. Lehrburger 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)
January 31, 2023	Case Designated ECF. (jgo)
January 30, 2023	Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc...(Sebba, Michael)
January 30, 2023	Filing 4 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Sebba, Michael)
January 30, 2023	Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Lululemon USA Inc., re: #1 Complaint,. Document filed by Nike, Inc...(Sebba, Michael)
January 30, 2023	Filing 2 CIVIL COVER SHEET filed..(Sebba, Michael)
January 30, 2023	Filing 1 COMPLAINT against Lululemon USA Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27269404)Document filed by Nike, Inc.. (Attachments: #1 Exhibit 1 US Pat. No. 8,266,749, #2 Exhibit 2 US Pat. No. 9,375,046, #3 Exhibit 3 US Pat. No. 9,730,484, #4 Exhibit 4 '749 Patent Chart, #5 Exhibit 5 '046 Patent Chart, #6 Exhibit 6 '484 Patent Chart).(Sebba, Michael)

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Plaintiff: Nike, Inc.
Represented By:	Michael Jonathan Sebba
Represented By:	Christopher J. Renk
Represented By:	Aaron Patrick Bowling
Represented By:	Bridgette Gershoni
Represented By:	Kathleen Patricia Duffy
Represented By:	Lindsey Staubach
Represented By:	Michael Joshua Gershoni
Represented By:	Michael J Harris
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Defendant: Lululemon USA Inc.
Represented By:	Ali S. Razai
Represented By:	Brandon G. Smith
Represented By:	Paul A. Stewart
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