Ivoclar Vivadent AG et al v. Upcera Dental America Inc.
| Ivoclar Vivadent AG and Ivoclar Vivadent Inc. |
| Upcera Dental America Inc. |
| 1:2023cv01278 |
| December 8, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 5 TEXT ORDER transferring the case from Hon. John L. Sinatra to the Hon. Elizabeth A. Wolford due to a recusal. Signed by Mary C. Loewenguth, Clerk of Court on 12/27/2023. (CGJ) |
| Filing 4 Corporate Disclosure Statement by Ivoclar Vivadent AG, Ivoclar Vivadent Inc.. (Fluskey, Robert) |
| Filing 3 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 Complaint) (TMK) |
| Filing 2 NOTICE Concerning Waiver of Judicial Disqualification: Judge Sinatra is recused in this case because partners at his former law firm, Hodgson Russ, serve as trustees of a defined benefit plan that will pay Judge Sinatra a pension benefit upon retirement. That future pension benefit does not depend on Hodgson Russ for its viability, and investment decisions are made by an independent professional. This disqualification is subject to remittal by the parties: the judge may participate in this case if, in light of this disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. Any such remittal agreement should be incorporated in the record of the proceeding. ACTION REQUIRED: Parties waiving recusal shall mail a letter (sample attached) to the Clerk of Court, US District Court for the Western District of New York, 2 Niagara Square, Buffalo, NY 14202. Clerk to Follow-Up (TMK) |
| ATTENTION ALL 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 Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| 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) |
| 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) |
| Filing 1 COMPLAINT against Upcera Dental America Inc. $ 405 receipt number ANYWDC-5051716, filed by Ivoclar Vivadent AG, Ivoclar Vivadent Inc.. (Attachments: #1 Exhibit 1 - Trademark Registration, #2 Exhibit 2 - 740 Patent, #3 Exhibit 3 - 836 Patent, #4 Exhibit 4 - 948 Patent, #5 Exhibit 5 - 021 Patent, #6 Exhibit 6 - 756 Patent, #7 Exhibit 7 - 639 Patent, #8 Exhibit 8 - 460 Patent, #9 Civil Cover Sheet)(Fluskey, Robert) |
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