Mobile Tech, Inc. v. InVue Security Products, Inc.
| Mobile Tech, Inc. |
| InVue Security Products Inc. |
| 3:2018cv00505 |
| September 17, 2018 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Robert J Conrad |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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Filing 20
ORDER granting (60) Motion to Consolidate Cases for DiscoveryTrial. All further pleadings to be electronically filed to: 3:18cv52 only. Member Case: 3:18cv505 to be administratively closed in case 3:18-cv-00052-RJC-DSC. Signed by District Judge Robert J. Conrad, Jr on 10/2/2018. (eef)
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| Cases associated: Create association to 3:18-cv-00052-RJC-DSC. (eef) |
| Filing 19 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs by InVue Security Products Inc.. (Attachments: #1 Exhibit US8698617, #2 Exhibit US8698618, #3 Exhibit US9786140, #4 Exhibit MTI Website - Founded in 1977, #5 Exhibit MTI Website - 40 Years, #6 Exhibit Press Release from MTI Website, #7 Exhibit ECF 346 - Final Judgment by Consent and Permanent Injunction, #8 Exhibit ECF 1 - Complaint for Conte, #9 Exhibit June 15 2009 Press Release, #10 Exhibit ECF 34- Declaration of Thaine Allison - October 20 2010, #11 Exhibit 20100621 File History 12819944 - EAR, #12 Exhibit Patent Assignment, #13 Exhibit 20100621 File History 12819944 IDS of 3 19 2014, #14 Exhibit 12888107 File History for US 8698618 - EAR, #15 Exhibit 12888107 File History for US 8698618 - EAR IDS, #16 Exhibit File History of 12888107 Office Action of 12 17 2012, #17 Exhibit 12888107 File History - IDS of March 19 2014, #18 Exhibit 20131127 File History 14092845 - EAR, #19 Exhibit 14092845-ADS, #20 Exhibit 20131127 File History 14092845 - RCE - EAR, #21 Exhibit File History 14092845 - Notice of Allowability of September 16, 2015, #22 Exhibit 20160727 File History 15221497 - EAR, #23 Exhibit 20160727 File History 15221497 - Office Action of 12 2 2016, #24 Exhibit 20170302 File History 15221497 - Response of Volk, #25 Exhibit 20160727 File History 15221497 - Notice of Allowance and Detailed Action, #26 Exhibit 0160727 File History 15221497 - I, #27 Exhibit Application Data Sheet for '017 application - rev, #28 Exhibit 15826017 Eight Declarations, #29 Exhibit MTI Marking Webpage, #30 Exhibit 15826017 - IDS of 11 29 2017, #31 Exhibit 15826017 - Office Action of March 7 2018, #32 Exhibit 15826017 - Response to Office Action of April 20, 2018, #33 Exhibit 12351837 - Application Data Sheet 1-10-09, #34 Exhibit 12351837 - Notice to File Missing Parts 2-3-09, #35 Exhibit 12351837 - Notice of Abandonment 10-9-09, #36 Exhibit 20170804 File History 12341837 - POA to Thompson Coburn, #37 Exhibit 20170717 File History 12351837 - Petition for Revival, #38 Exhibit 20170717 File History 12351837 - Kaser Declaration, #39 Exhibit TM App 74584388 - Change to Gilman Address, #40 Exhibit Kaser District Court Filing - 04.08.11 - WDWA 2.11cv603, #41 Exhibit TM App 76595748 - Notice Sent to Gilman Address, #42 Exhibit TM App 76595748 - Kaser Responds to Notice, #43 Exhibit 20170717 File History 12351837 - Transmittal Letter)(Wilson, J.) |
| Filing 18 NOTICE of Filing of Motion for Consolidation of Cases re: Case Nos. 3:18-cv-00052 (Wilson, J.) |
| Filing 17 Notice of Substitution of Counsel by J. Mark Wilson on behalf of InVue Security Products Inc., Attorney Howard L. Wernow terminated. (Wilson, J.) |
| Filing 16 NOTICE of Appearance by Eric H. Cottrell on behalf of Mobile Tech, Inc. (Cottrell, Eric) |
| Filing 15 Case transferred in from District of Ohio Northern; Case Number 1:18-cv-01646. Original electronic file and docket sheet received. |
| Set/Reset Deadlines: InVue Security Products Inc. answer due 9/26/2018. (rth) |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Notice to Alan H. Norman, David Bergstrand Jinkins, Matthew A. Braunel, Steven Edward Garlock, Howard L. Wernow: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 9/24/2018. (rth) |
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Filing 14
Order of Transfer This action is transferred to the United States District Court for the Western District of North Carolina for further proceedings. Signed by Judge Dan Aaron Polster on 9/14/2018. Related document #13 . (W,CM) [Transferred from Ohio Northern on 9/17/2018.]
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| Filing 13 Consent Motion to transfer venue pursuant to 28 U.S.C. 1404 and Motion for extension of time to answer complaint filed by Defendant InVue Security Products, Inc.. Related document(s) #1 . (Attachments: #1 Proposed Order)(Wernow, Howard) Modified text/added motion event on 9/14/2018 (M,S). [Transferred from Ohio Northern on 9/17/2018.] |
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Order [non-document] granting Defendant's #13 Motion for Extension of Time to Answer until 9/25/2018. InVue Security Products, Inc. answer due 9/25/2018. Approved by Judge Dan Aaron Polster on 9/14/2018.(W,CM) [Transferred from Ohio Northern on 9/17/2018.]
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| Filing 12 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Mobile Tech, Inc.. (Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Alan H. Norman for Mobile Tech, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #11 ). Approved by Judge Dan Aaron Polster on 8/21/2018.(K,K) [Transferred from Ohio Northern on 9/17/2018.]
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| Filing 11 Motion for attorney Alan H. Norman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8865051, filed by Plaintiff Mobile Tech, Inc.. (Attachments: #1 Exhibit A - Affidavit of Alan H. Norman in Support of Motion to Appear Pro Hac Vice, #2 Certificates of Good Standing for Alan H. Norman)(Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 10 Joint Motion for extension of time until 9/17/2018 to answer or otherwise respond filed by Defendant InVue Security Products, Inc.. Related document(s) #1 . (Attachments: #1 Proposed Order granting the motion for extension of time to answer or otherwise respond)(Wernow, Howard) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 9 Motion for attorney Matthew A. Braunel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8853369, filed by Plaintiff Mobile Tech, Inc.. (Attachments: #1 Exhibit A - Affidavit of Matthew A. Braunel in Support of Motion to Appear Pro Hac Vice, #2 Matthew A. Braunel's Certificates of Good Standing)(Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 8 Motion for attorney Steven E. Garlock to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8853350, filed by Plaintiff Mobile Tech, Inc.. (Attachments: #1 Exhibit A - Affidavit of Steven E. Garlock in Support of Motion to Appear Pro Hac Vice, #2 Steven E. Garlock's Certificates of Good Standing)(Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 7 Motion for attorney David B. Jinkins to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8853329, filed by Plaintiff Mobile Tech, Inc.. (Attachments: #1 Exhibit A - Affidavit of David B. Jinkins in Support of Motion to Appear Pro Hac Vice, #2 David B. Jinkins' Certificates of Good Standing)(Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
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Order [non-document] granting Motion for appearance pro hac vice by attorney David B. Jinkins, Steven E. Garlock, and Matthew A. Braunel for Mobile Tech, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # #7 , #8 , #9 ). Approved by Judge Dan Aaron Polster on 8/13/2018.(K,K) [Transferred from Ohio Northern on 9/17/2018.]
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| Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the #AO121 Copyright Report Form or #AO120 Patent and Trademark Report Form by 8/23/2018. (K,Ca) [Transferred from Ohio Northern on 9/17/2018.] |
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Order [non-document] granting #10 Joint Motion for extension of time until 9/17/2018 to answer or otherwise respond. InVue Security Products, Inc. answer due 9/17/2018. Approved by Judge Dan Aaron Polster on 8/13/2018.(K,K) [Transferred from Ohio Northern on 9/17/2018.]
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| Filing 6 Return of Service by certified mail executed upon InVue Security Products, Inc. on 7/25/2018, filed on behalf of Mobile Tech, Inc. (Attachments: #1 Return of Service of Summons and Complaint on Defendant)(Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 5 Original Summons issued to counsel for service upon InVue Security Products, Inc.. (M,S) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 4 Praecipe for issuance of Original Summons to Invue Security Products, Inc. filed by Mobile Tech, Inc.. (Attachments: #1 Summons to Invue Security Products, Inc.)(Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 3 Corporate Disclosure Statement filed by Mobile Tech, Inc.. (Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (D,Ky) [Transferred from Ohio Northern on 9/17/2018.] |
| Judge Dan Aaron Polster assigned to case. (D,Ky) [Transferred from Ohio Northern on 9/17/2018.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (D,Ky) [Transferred from Ohio Northern on 9/17/2018.] |
| Notice by Clerk that Mobile Tech, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (D,Ky) [Transferred from Ohio Northern on 9/17/2018.] |
| Filing 1 Complaint for injunction and damages for patent infringement with jury demand against InVue Security Products, Inc. Filing fee paid $ 400, Receipt number 0647-8809690. Filed by Mobile Tech, Inc. (Attachments: #1 Exhibit A - U.S. Patent 10,026,281, #2 Exhibit B - Patent Application, #3 Civil Cover Sheet) (Norman, Forrest) [Transferred from Ohio Northern on 9/17/2018.] |
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