Nuhn Industries Ltd. v. Atlas Ag Services, LLC
Nuhn Industries Ltd. |
Atlas Ag Services, LLC |
1:2023cv00368 |
April 27, 2023 |
US District Court for the Western District of New York |
H Kenneth Schroeder |
John L Sinatra |
Patent |
15 U.S.C. § 1126 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 11 TEXT ORDER re #9 MOTION to Stay pending the outcome of the litigation Nuhn commenced against the real party in interest, Bazooka Farmstar, LLC in the Southern District of Iowa and bearing the caption Nuhn Industries, Ltd. v. Bazooka Farmstar, LLC, No. 3:22-cv-15- filed by Atlas Ag Services, LLC: Responses due by 7/28/2023., Replies due by 8/18/2023.Issued by Hon. H. Kenneth Schroeder Jr. on 6/23/2023. (KER) |
Filing 10 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/23/2023. (KLH) |
Filing 9 MOTION to Stay pending the outcome of the litigation Nuhn commenced against the real party in interest, Bazooka Farmstar, LLC in the Southern District of Iowa and bearing the caption Nuhn Industries, Ltd. v. Bazooka Farmstar, LLC, No. 3:22-cv-15-SMR (S.D. Iowa) (cases consolidated on April 7, 2023) by Atlas Ag Services, LLC. (Attachments: #1 Memorandum in Support)(Scherer, Richard) |
Filing 8 Corporate Disclosure Statement by Atlas Ag Services, LLC. (Scherer, Richard) |
Filing 7 ANSWER to #1 Complaint,,, , COUNTERCLAIM against Nuhn Industries Ltd. by Atlas Ag Services, LLC. (Attachments: #1 Exhibit A - Website Publication, #2 Exhibit B - Manure Manager Publication, #3 Exhibit C - Prior Sales, #4 Exhibit 1 - '557 Patent, #5 Exhibit 2 - Royle Patent, #6 Exhibit 3 - Remley Patent, #7 Exhibit 4 - Puck Patent, #8 Exhibit 5 - Bennett Patent, #9 Exhibit 6 - '557 Patent Prosecution History, #10 Exhibit 7 - '425 Patent, #11 Exhibit 8 - Office Action, #12 Exhibit 9 - '425 Patent Prosecution History, #13 Exhibit 10 - '835 Patent, #14 Exhibit 11 - '835 Patent Prosecution History, #15 Exhibit 12 - Carrier Patent, #16 Exhibit 13 - '708 Patent, #17 Exhibit 14 - '708 Patent Prosecution History, #18 Exhibit 15 - Website Publication, #19 Exhibit 16 - Manure Manager Publication, #20 Exhibit 17 - Prior Sales, #21 Exhibit 18 - Office Acton, #22 Exhibit 19 - Notice of Intent to Reissue)(Scherer, Richard) |
ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
Filing 6 TEXT ORDER granting #5 Consent Motion for Extension of Time to Answer. Defendant Atlas Ag Services, LLC shall answer or otherwise respond to the complaint by 6/22/2023. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/16/2023. (KEF) |
Filing 5 Consent MOTION for Extension of Time to File Answer re #1 Complaint,,, by Atlas Ag Services, LLC.(Scherer, Richard) |
Filing 4 Corporate Disclosure Statement by Nuhn Industries Ltd.. (Bauer, William) |
ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
Filing 3 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 Complaint) (TMK) |
Filing 2 Summons Issued as to Atlas Ag Services, LLC. (TMK) |
Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
Filing 1 COMPLAINT for Patent Infringement against Atlas Ag Services, LLC $ 402 receipt number ANYWDC-4859012, filed by Nuhn Industries Ltd.. (Attachments: #1 Exhibit 1 - '557 BS Patent, #2 Exhibit 2 - '557 Reexamination Certificate, #3 Exhibit 3 - '425 B1 Patent, #4 Exhibit 4 - '425 Reexamination Certificate, #5 Exhibit 5 - '835 Patent, #6 Exhibit 6 - '708 Patent, #7 Exhibit 7 - Atlas Ag Facebook Posts, #8 Exhibit 8 - '557 Infringement Claim Chart, #9 Exhibit 9 - '425 Infringement Claim Chart, #10 Exhibit 10 - '835 Infringement Claim Chart, #11 Exhibit 11 - '708 Infringement Claim Chart, #12 Civil Cover Sheet, #13 Exhibit Proposed Summons)(Bauer, William) |
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Counter defendant: Nuhn Industries Ltd. | |
Represented By: | William G. Bauer |
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Counter claimant: Atlas Ag Services, LLC | |
Represented By: | Richard Mark Scherer, Jr. |
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