Verbovszky et al v. Goodbaby International Holdings Limited
| Verbovszky, Esther A.L. Verbovszky and Hug Me Joey, LLC |
| Goodbaby International Holdings Limited and GoodBaby (Hong Kong) Limited |
| 1:2016cv02382 |
| September 27, 2016 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Patent |
| 15 U.S.C. § 1126 |
| Plaintiff |
Docket Report
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| Filing 28 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (K,Ca) |
Filing 27
Order: Joint Stipulation for Dismissal of All Claims is So Ordered. Judge Patricia A. Gaughan on 3/7/18. (LC,S) re #26 Modified on 3/8/2018 (LC,S).
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| Filing 26 Joint Proposed Stipulation for Dismissal of All Claims filed by GoodBaby (Hong Kong) Limited. (Mueller, John) |
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Order [non-document]: Plaintiffs' Motion for 45 day extension of time to submit expert report on liability and, in the alternative, Motion for Voluntary Dismissal without Prejudice is GRANTED. All remaining deadlines are extended by 45 days. There will be no further extensions. Telephonic Status Conference of 2/15/18 is continued to 3/29/18 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 1/30/18. (LC,S) re #25
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| Filing 25 Motion for 45 day extension of time to submit expert report on liability and, in the alternative, Motion for Voluntary Dismissal without Prejudice filed by Plaintiff Hug Me Joey, LLC. (Gugliotta, John) Modified text on 1/16/2018 (P,WL). |
| Minutes/Order [non-document]: Status Conference was held. The deadlines are extended as follows: Exchange of opening expert reports - 1/15/18; Exchange of responsive expert reports - 2/15/18; Completion of expert discovery - 3/15/18; Dispositive motion deadline - 3/15/18. Telephonic Status Conference is set 2/15/18 at 9:15 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 11/15/17. (LC,S) Time: 30 mins. |
| Filing 24 Stipulated Protective Order. Judge Patricia A. Gaughan on 11/14/17. (LC,S) re #23 |
| Filing 23 Proposed Stipulated Patent Protective Order filed by GoodBaby (Hong Kong) Limited. (Mueller, John) |
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Order [non-document] Plaintiff's motion to extend dates by 30 days is unopposed and granted as follows: Plaintiff to serve final infringement contentions - 10/16/17; Close of fact discovery - 11/01/17; Defendant to serve final non-infringement contentions and final invalidity and unenforceability contentions - 11/01/17; Plaintiff to serve final validity and enforceability contentions - 11/15/17; Exchange of opening expert reports - 12/01/17; Exchange of responsive expert reports - 1/01/18; Completion of expert discovery - 2/11/18; Dispositive motion deadline - 2/01/18; Telephonic Status Conference of 10/06/17 is continued to 11/15/17 at 9:00 a.m. #21 Judge Patricia A. Gaughan on 9/25/17.(D,Ma)
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| Filing 22 Final Infringement Contentions filed by All Plaintiffs. (Attachments: #1 Exhibit 1 (claim # 1 chart), #2 Exhibit 2 (claim # 23 chart))(Welling, David) |
| Filing 21 Motion for extension of all remaining case schedule dates until 30 days filed by Plaintiff Esther A.L. Verbovszky. (Welling, David) Modified text on 9/11/2017 (P,WL). |
| Filing 20 Memorandum of Opinion and Order: This matter is before the Court upon the parties' Claim Construction Briefs (Docs. #14 , #15 ). For the foregoing reasons, the court construes the disputed terms as set forth herein. As requested by the parties in their Report of Parties' Planning Meeting, the Court orders the following: Plaintiff to serve final infringement contentions - September 16, 2017; Close of fact discovery - October 1, 2017; Defendant to serve final non-infringement contentions and final invalidity and unenforceability contentions - October 1, 2017; Plaintiff to serve final validity and enforceability contentions - October 15, 2017; Exchange of opening expert reports - November 1, 2017; Exchange of responsive expert reports - December 1, 2017; Completion of expert discovery - January 11, 2018; Dispositive motion deadline - January 21, 2018. Judge Patricia A. Gaughan on 9/1/17. (LC,S) |
| Filing 19 Joint Claim Construction and Prehearing Statement filed by GoodBaby (Hong Kong) Limited. (Mueller, John) Modified text on 8/14/2017 (P,WL). |
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Order [non-document] Joint Stipulated Extension of Time for Parties to Submit Joint Claim Construction and Prehearing Statement is granted to 8/08/17. Related document(s) #16 . Judge Patricia A. Gaughan on 7/31/17. (D,Ma) Modified link on 8/3/2017 (P,WL).
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| Filing 18 Response to Plaintiffs' Opening Claim Construction Submission filed by GoodBaby (Hong Kong) Limited. (Mueller, John) Modified text on 7/28/2017 (P,WL). |
| Filing 17 Responsive Claim Construction Submission filed by All Plaintiffs. (Welling, David) Modified text on 7/28/2017 (P,WL). |
| Filing 16 Joint Proposed Stipulation for Extension of Time for Parties to Submit Joint Claim Construction and Prehearing Statement filed by GoodBaby (Hong Kong) Limited. (Mueller, John) |
| Filing 15 Opening Claim Construction Brief filed by All Defendants. (Attachments: #1 Exhibit 840 Patent, #2 Exhibit Goodbaby Final Proposed Constructions) (Mueller, John) Modified text on 7/6/2017 (P,WL). |
| Filing 14 Opening Claim Construction Submission per L.P.R. 4.4(a) filed by All Plaintiffs. (Welling, David) Modified text on 7/6/2017 (P,WL). |
| Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 10/6/17 at 8:45 a.m. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax at (216) 357-7215. Judge Patricia A. Gaughan on 6/29/17. (LC,S) Time: 30 mins. |
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Order [non-document] Joint stipulated extension of time for parties to submit opening claim constructions to 7/05/17 is SO ORDERED. Judge Patricia A. Gaughan on 6/13/17. (D,Ma)
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| Filing 13 Joint Proposed Stipulation for extension of time until July 5, 2017 for parties to submit opening claim constructions filed by GoodBaby (Hong Kong) Limited. (Mueller, John) Modified text on 6/13/2017 (P,WL). |
| Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 6/28/17 at 9:00 a.m. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax at (216) 357-7215. Judge Patricia A. Gaughan on 5/1/17. (LC,S) Time: 30 mins. |
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Order [non-document]: Telephonic Status Conference of 5/1/17 has been changed to 8:30 a.m. with the Court initiating the call. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax at (216) 357-7215. Judge Patricia A. Gaughan on 4/27/17. (LC,S)
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| Filing 12 Corporate Disclosure Statement identifying Corporate Parent Goodbaby International Holdings Limited for GoodBaby (Hong Kong) Limited filed by GoodBaby (Hong Kong) Limited. (Mueller, John) |
| Filing 11 Answer to #6 Amended complaint, filed by GoodBaby (Hong Kong) Limited. (Mueller, John) |
| Filing 10 Case Management Order: Case Management Conference was held on 1/5/17. Case is assigned to the complex track. Case is not suitable for ADR at this time by may be after discovery. Schedule Through Claim Construction: 1/13/17-FRCP 26(a)(1) Initial Disclosures; 1/31/17- Plaintiff to serve infringement contentions and accompanying document production. (L.P.R. 3.1, 3.2) (15 days from responsive pleading); 3/02/17- Defendant to serve non-infringement contentions and accompanying document production. (L.P.R. 3.3-3.4) (30 days later); 4/06/17- Defendant to serve invalidity and unenforceability contentions and accompanying document production. (L.P.R.3.5- 3.6) (80 days from responsive pleading); 4/21/17- Exchange of initial claim terms for construction. (L.P.R. 4.1(a)) (95 days from responsive pleading); 4/26/17- Patent Validity and Enforceability Contentions (Plaintiffs) (L.P.R. 3.7) (20 days from invalidity/unenforceability contentions); 5/08/17- Disclosure of claim constructions(s) expert and report(s), if any (L.P.R 4.3(a)) (15 days from preliminary claim constructions); 5/11/17- Exchange of final claim terms for construction.(L. P. R. 4.1(c) (115 days from responsive pleading); 5/23/17- Disclosure of rebuttal claim construction expert(s) and report(s), if any (L.P.R. 4.3(b) (15 days from claim construction experts); 5/26/17- Exchange of proposed constructions and supporting evidence (L.P.R 4.2 (a) and (b)) (15 days from claim terms identification); 6/07/17- Last day to complete expert claim construction depositions (L.P.R 4.3(a)) (15 days from rebuttal experts); 6/12/17- Exchange of final claim constructions (L.P.R 4.2(c) (5 days from claim construction discovery); 6/27/17- Opening claim construction submissions (L.P.R. 4.4(a)). (15 days from final claim constructions); 7/27/17- Responsive claim construction submissions (L.P.R. 4.4 (b)) (30 days from pening claim construction submissions); 8/01/17- Joint claim construction and prehearing statement (L.P.R. 4.5) (5 days from responsive claim construction submissions). The remaining deadlines will be addressed after claim construction is concluded by the Court. Telephonic Status Conference is set for 5/1/17 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact, if necessary. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax to (216) 357-7215. Judge Patricia A. Gaughan on 1/5/17. (LC,S) Time: 30 mins. |
| Filing 9 Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by Esther A.L. Verbovszky. (Welling, David) Modified text on 1/4/2017 (P,WL). |
| Filing 8 Waiver of Service Returned Executed by GoodBaby (Hong Kong) Limited. GoodBaby (Hong Kong) Limited waiver sent on 11/16/2016, answer due 2/14/2017. filed on behalf of GoodBaby (Hong Kong) Limited (Mueller, John) Modified answer due dates per date listed on Waiver on 12/27/2016 (R,Sh). |
| Filing 7 Attorney Appearance by John M. Mueller filed by on behalf of GoodBaby (Hong Kong) Limited. (Mueller, John) |
| Filing 6 First Amended complaint (by written consent of opposing party per Fed. Civ. R. 15(a)(2)) and adding new party defendant(s) GoodBaby (Hong Kong) Limited. Filed by Esther A.L. Verbovszky, Hug Me Joey, LLC. (Attachments: #1 Exhibit 1 ('840 patent), #2 Exhibit 2 (allegedly infringing product box), #3 Exhibit 3 (preliminary claims chart), #4 Exhibit 4 (receipt for sale within judicial district)) (Welling, David) Modified on 12/14/2016 (G,TH). |
| Filing 5 Return of Service by Clerk by certified mail executed upon Goodbaby International Holdings Limited on 11/18/2016, filed on behalf of Esther A.L. Verbovszky; Hug Me Joey, LLC Related document(s) #3 . (R,Sh) |
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Order [non-document]: Case Management Conference of 11/22/16 has been continued to 1/5/17 at 9:00 a.m. as Plaintiff has failed to perfect service. If service has not been perfected by the time allowed by law, case will be dismissed. Case Management Conference will be conducted by telephone with the Court initiating the call. Judge Patricia A. Gaughan on 11/17/16. (LC,S)
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| Service by Clerk. Summons and Complaint addressed to Goodbaby International Holdings Limited placed in U.S. Mail. Type of service: certified mail. Receipt # 7015 0920 0002 3437 3877. (G,CA) |
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Filing 4
Case Management Conference Scheduling Order with case management conference set on 11/22/2016 at 9:45 a.m. at to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 10/12/16. (D,Ma)
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| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Goodbaby International Holdings Limited. (Attachments: #1 Magistrate Consent Form) (S,SR) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by All Plaintiffs. (Gugliotta, John) |
| Filing 1 Complaint against Goodbaby International Holdings Limited. Filing fee paid $ 400, Receipt number 0647-7823208. Filed by Esther A.L. Verbovszky, Hug Me Joey, LLC. (Attachments: #1 Exhibit 1 patent, #2 Exhibit 2 product packaging, #3 Exhibit 3 patent, #4 Exhibit 4 receipt order, #5 Civil Cover Sheet - page 1 completed , #6 Summons) (Gugliotta, John) Modified text on 9/27/2016 (S,SR). |
| 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. (S,SR) |
| Judge Patricia A. Gaughan assigned to case. (S,SR) |
| Notice by Clerk that Hug Me Joey, LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,SR) |
| Remark by Clerk: This case was assigned and processed without the filing of a completed Civil Cover Sheet, which is required by Local Rule 3.13(a). Without the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court. (S,SR) |
| This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (S,SR) |
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