Golden Rule Fasteners, Inc. v. Oatey, Co.
| Golden Rule Fasteners, Inc. |
| Oatey, Co. and Oatey Co. |
| 1:2019cv00341 |
| February 14, 2019 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Patent |
| 35 U.S.C. § 145 |
| Both |
Docket Report
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| Filing 21 Memorandum of Opinion and Order For the reasons set forth herein, Defendant/Counter-Claimant Oatey Co.'s Motion to Stay Proceedings pending the USPTO ex parte reexamination of certain patent claims (ECF No. #16 ) is granted. The case shall be administratively closed for the duration of the reexamination period, subject to reopening on the parties' written motion. The case management conference scheduled for 7/22/2019 is cancelled. Judge Benita Y. Pearson on 5/31/2019. (JLG) |
| Filing 20 Reply memorandum in support of #16 Motion to stay the patent infringement claims against it pending ex parte reexaminations of the patent-in-suit filed by Oatey Co.. (Attachments: #1 Exhibit Procter And Gamble Company v Conopco Inc (S.D. Ohio 2014))(Clark, Brendan) |
| Filing 19 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 7/22/2019 at 2:00 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 5/22/2019. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
| Filing 18 Opposition to #16 Motion to stay the patent infringement claims against it pending ex parte reexaminations of the patent-in-suit filed by Golden Rule Fasteners, Inc.. (Attachments: #1 Exhibit A - ex parte Reexamination Certificate for U.S. Patent No. 7,124,088, #2 Exhibit B - ex parte Reexamination Certificate for U.S. Patent No. 7,877,269)(Lynch, Travis) |
| Filing 17 Answer, Affirmative Defenses and Counterclaim to #13 Amended complaint against Golden Rule Fasteners, Inc. filed by Oatey, Co. (Clark, Brendan) |
| Filing 16 Motion to stay the patent infringement claims against it pending ex parte reexaminations of the patent-in-suit filed by Defendant Oatey, Co. (Attachments: #1 Memorandum in Support of Motion to Stay, #2 Declaration of Michael Farrell in Support of Motion to Stay, #3 Exhibit 1 to Michael Farrell's Declaration in Support of Motion to Stay (Response to Office Action in Reissue Proceeding No 14/856,534), #4 Exhibit 2 to Michael Farrell's Declaration in Support of Motion to Stay (Order Granting Request for Ex Parte Reexamination 8464475), #5 Exhibit 3 to Michael Farrell's Declaration in Support of Motion to Stay (Order Granting Request for Ex Parte Reexamination 8141303), #6 Exhibit 4 to Michael Farrell's Declaration in Support of Motion to Stay (Order Granting Request for Ex Parte Reexamination 8534002), #7 Exhibit 5 to Michael Farrell's Declaration in Support of Motion to Stay (Manual of Patent Examining Procedure Sec. 2261), #8 Exhibit 6 to Michael Farrell's Declaration in Support of Motion to Stay (Manual of Patent Examining Procedure Sec. 2258), #9 Exhibit 7 to Michael Farrell's Declaration in Support of Motion to Stay (Manual of Patent Examining Procedure Sec. 2283), #10 Exhibit 8 to Michael Farrell's Declaration in Support of Motion to Stay (Patent Office's Ex Parte Reexamination Filing Data statistics as of 9/30/18), #11 Exhibit 9 to Michael Farrell's Declaration in Support of Motion to Stay (Email Correspondence between 3/1/19 and 4/8/19))(Clark, Brendan) |
| Filing 15 Attorney Appearance by Brendan E. Clark and Michael K. Farrell filed by on behalf of All Defendants. (Clark, Brendan) |
Order [non-document] granting Defendant's #14 Consented to Motion for Extension of Time until 5/15/2019 to Answer or Otherwise Respond to Complaint. Judge Benita Y. Pearson on 4/15/2019. (JLG)
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| Filing 14 Consented to Motion for extension of time until May 15, 2019 to answer or otherwise respond to Complaint filed by Defendant Oatey, Co.. (Rollinson, James) |
| Filing 13 Amended Complaint with jury demand against Oatey, Co. Filed by Golden Rule Fasteners, Inc. (Attachments: #1 Exhibit A - US Patent 8464475, #2 Exhibit B - EMC Master Flash, #3 Exhibit C - Photos) (Lynch, Travis) |
| Filing 12 Return of Service by personal service executed upon Oatey, Co. on 2/21/2019, filed on behalf of Golden Rule Fasteners, Inc. Related document(s) #1 . (Lynch, Travis) |
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Filing 11
Order Defendant has appeared, and based on its representations, it seems it was served with process on or about 2/21/2019. See ECF No. #9 . Pursuant to Fed. R. Civ. P. 4(l), Plaintiff is obligated to make proof of service to the Court by filing an affidavit of the server. No later than 10 days from the date of this Order, Plaintiff shall file such an affidavit on the docket. Defendant's Motion for Extension of Time to Answer (ECF No. #9 ) is granted. Judge Benita Y. Pearson on 3/8/2019. (JLG)
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Filing 10
Order granting Plaintiff's Motion for appearance pro hac vice by attorney James F. McDonough, III and Travis E. Lynch for Golden Rule Fasteners, 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 , #7 .) Judge Benita Y. Pearson on 3/7/2019.(S,Ke)
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| Filing 9 Motion for extension of time until April 15, 2019 to answer or otherwise respond to Complaint filed by Defendant Oatey, Co. (Rollinson, James) |
| Filing 8 Attorney Appearance by James H. Rollinson filed by on behalf of Oatey, Co.. (Rollinson, James) |
| Filing 7 Motion for attorney Travis E. Lynch to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9185123, filed by Plaintiff Golden Rule Fasteners, Inc.. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit Certificate of Good Standing)(Collins, Gregory) |
| Filing 6 Motion for attorney James F. McDonough, III to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9185082, filed by Plaintiff Golden Rule Fasteners, Inc.. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit Certificate of Good Standing)(Collins, Gregory) |
| Filing 5 Corporate Disclosure Statement filed by Golden Rule Fasteners, Inc.. (Collins, Gregory) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Oatey, Co. (Attachments: #1 Magistrate Consent Form) (S,SR) |
| Filing 3 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Golden Rule Fasteners, Inc.. (Collins, Gregory) |
| Filing 2 Supplement (Civil Cover Sheet) to Complaint filed by Golden Rule Fasteners, Inc.. Related document(s) #1 . (Collins, Gregory) |
| Filing 1 Complaint with jury demand against Oatey, Co.. Filing fee paid $ 400, Receipt number 0647-9148603. Filed by Golden Rule Fasteners, Inc. (Attachments: #1 Exhibit A - US8141303, #2 Exhibit B - US8464475, #3 Exhibit C - US8534002, #4 Exhibit D - EMC Master Flash, #5 Exhibit E - Photos, #6 Exhibit F - Installation, #7 Exhibit G - EMC MF Flyer, #8 Exhibit H - Aztec Master Flash, #9 Civil Cover Sheet-first page, #10 Summons, #11 FILING ERROR-to be resubmitted using correct event) (Collins, Gregory) Modified text on 2/14/2019 (S,SR). |
| Judge Benita Y. Pearson assigned to case, (S,SR) |
| Notice by Clerk that Golden Rule Fasteners, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (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) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,SR) |
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