Lowe v. ShieldMark, Inc. et al
Plaintiff: Clifford A. Lowe and InSite Solutions, LLC
Defendant: ShieldMark, Inc., Advanced Plastics, Inc. and Crown Equipment Corporation
Case Number: 1:2019cv00748
Filed: April 4, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: James S Gwin
Referring Judge: David A Ruiz
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2021 Opinion or Order Acknowledgment from the USCA for the Federal Circuit of receipt of #107 Notice of Appeal (USCA# 21-2164). Date filed in USCA 7/23/21. (H,SP)
July 21, 2021 Opinion or Order Filing 108 Transcript Request by InSite Solutions, LLC(North Carolina limited liability company), Clifford A. Lowe for proceedings held on March 18, 2021 before Judge James S. Gwin, re #107 Notice of Appeal,. Court Reporter: Donnalee Cotone. Transcript required for appeal. (Weber, Ray)
July 21, 2021 Opinion or Order Filing 107 NOTICE OF APPEAL to the U.S. Court of Appeals for the Federal Circuit from the #104 Opinion and Order of 7/16/21, #87 Opinion and Order of 5/19/21, #101 Opinion and Order of 6/21/21, filed by InSite Solutions, LLC, Clifford A. Lowe. (Filing fee $505, receipt number AOHNDC-10943373) (Weber, Ray)
July 20, 2021 Opinion or Order Filing 106 Opinion and Order signed by Judge James S. Gwin on 7/20/21. For reasons set forth in this order, Defendants motion for attorney fees #102 Award is DENIED. (T,A)
July 19, 2021 Opinion or Order Filing 105 Reply in support of #102 Motion for attorney fees and to Declare this Case "Exceptional" by Howard L. Wernow filed by All Defendants. (Wernow, Howard)
July 16, 2021 Opinion or Order Filing 104 Order signed by Judge James S. Gwin on 7/16/21. Accordingly, the Court GRANTS Defendants motion to dismiss their 220 Patent infringement counterclaims and Plaintiffs responding 220 Patent invalidity claim. The Court, however, will condition this dismissal on Defendants continuing consent to the covenant not to sue. Finding that all parties acted reasonably, the Court orders that each party shall bear its own attorney fees. Defendants motion to dismiss for lack of subject matter jurisdiction is DISMISSED AS MOOT. #55 #56 .(T,A)
July 15, 2021 Opinion or Order Filing 103 Opposition to #102 Motion for attorney fees and to Declare this Case "Exceptional" by Howard L. Wernow filed by All Plaintiffs. (Weber, Ray)
July 2, 2021 Opinion or Order Filing 102 Motion for attorney fees and to Declare this Case "Exceptional" by Howard L. Wernow filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc.. (Attachments: #1 Brief in Support, #2 Exhibit A - Wernow Declaration)(Wernow, Howard)
June 21, 2021 Opinion or Order Filing 101 Order signed by Judge James S. Gwin on 6/21/2021. For these reasons, the Court (1) DENIES Plaintiffs motion to strike Defendants supplemental summary judgment briefing, (2) GRANTS Defendants summary judgment motion on Plaintiffs patent infringement claim, (3) DISMISSES WITHOUT PREJUDICE Defendants 664 Patent invalidity counterclaim and Plaintiffs Lanham Act false advertising claim, and (4) DISMISSES AS MOOT Plaintiffs motions to strike Dr. Timothy Jensens expert report and declaration regarding the 664 Patents arguable invalidity.(Related Doc #71 #76 #77 #81 #98 )(S,KM)
June 21, 2021 Opinion or Order IMPORTANT: Notice [non-document] entered by Judge James S. Gwin on 6/21/2021. In light of re #101 Order, the Court terminates previously set hearings. (S,KM)
June 16, 2021 Opinion or Order Filing 100 Minutes of Status Conference before Judge James S. Gwin held on 6/16/2021. The Court orders Defendants to produce the requested sales information for 2019, 2020, and year-to-date 2021 by close of business on June 16, 2021. The discovery dispute referral to Magistrate Judge Ruiz is terminated. (Court Reporter: None;Time: 30 minutes) (S,KM)
June 14, 2021 Opinion or Order Filing 99 Response to #98 Motion to strike a portion of Defendants' supplemental brief (Doc. 95) in support of their motion for summary judgment and, Opposition to #98 Motion to strike a portion of Defendants' supplemental brief (Doc. 95) in support of their motion for summary judgment filed by All Defendants. (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosures, #2 Exhibit 2 - Non-document Order Granting Supplemental Briefing)(Wernow, Howard)
June 10, 2021 Opinion or Order Filing 98 Motion to strike a portion of Defendants' supplemental brief (Doc. 95) in support of their motion for summary judgment filed by InSite Solutions, LLC, Clifford A. Lowe. Related document(s) #95 . (Attachments: #1 Brief in Support)(Weber, Ray)
June 9, 2021 Opinion or Order Filing 97 Brief of Plaintiffs in Support of Their Request Under Local Rule 37.1 for Judicial Assistance in Resolving Discovery Dispute filed by All Plaintiffs. Related document(s) #94 , #91 . (Attachments: #1 Exhibit 1 Ds' Responses to Requests for Admissions, #2 Exhibit 2 Ds' Responses to Document Production) (Weber, Ray)
June 9, 2021 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 6/9/2021 granting #93 Motion for conference IMPORTANT: Status Conference set for 6/16/2021 at 11:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin.(S,KM)
June 4, 2021 Opinion or Order Filing 96 Response to #93 Motion for status conference, filed by All Defendants. (Wernow, Howard)
June 3, 2021 Opinion or Order Filing 95 Supplemental Brief in Support of Their Motion for Summary Judgment filed by All Defendants. Related document(s) #77 . (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosures, #2 Exhibit 2 - Plaintiffs Responses to ShieldMarks First Set of Interrogatories, #3 Exhibit 3 - Plaintiffs Responses to Defendants Requests for Admissions) (Wernow, Howard)
June 2, 2021 Opinion or Order Filing 94 Defendants' Response and Opposition to Plaintiffs' Letter Request for Judicial Assistance in Resolving Discovery Dispute filed by All Defendants. Related document(s) #91 , #92 . (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosures) (Wernow, Howard)
June 2, 2021 Opinion or Order Filing 93 Motion for conference/hearing filed by InSite Solutions, LLC, Clifford A. Lowe. (Attachments: #1 Brief in Support)(Weber, Ray)
June 2, 2021 Opinion or Order Filing 92 Order referring case to Magistrate Judge David A. Ruiz for Discovery Dispute signed by Judge James S. Gwin on 6/2/2021. re #91 Letter(S,KM)
May 27, 2021 Opinion or Order Filing 91 Request under Local Rule 37.1 for Judicial Assistance in Resolving Discovery Dispute, filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - discovery requests, #2 Exhibit 2 - discovery requests and protective order, #3 Exhibit 3 - email dated 8-15-19, #4 Exhibit 4 - email dated 8-16-19, #5 Exhibit 5 - email dated 11-13-20, #6 Exhibit 6 - letter, #7 Exhibit 7 - email dated 11-19-20, #8 Exhibit 8 - letter dated 1-5-21). (Weber, Ray)
May 27, 2021 Opinion or Order Filing 90 Supplemental Response Brief in Opposition to Defendants' Motion for Summary Judgment of Non-Infringement and Invalidity of the Lowe Patent, filed by All Plaintiffs. Related document(s) #80 , #77 , #88 . (Weber, Ray)
May 27, 2021 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 5/27/2021 granting Motion for leave to file supplement brief and gives defendant 2 weeks to file supplemental briefing of its own. (Related Doc #88 )(S,KM)
May 26, 2021 Opinion or Order Filing 89 Response and Opposition to #88 Motion for leave to file supplemental response brief in opposition to Defendants' Motion for Summary Judgment of Non-Infringement and Invalidity of the Lowe Patent, filed by All Defendants. (Wernow, Howard)
May 25, 2021 Opinion or Order Filing 88 Motion for leave to file supplemental response brief in opposition to Defendants' Motion for Summary Judgment of Non-Infringement and Invalidity of the Lowe Patent, filed by InSite Solutions, LLC, Clifford A. Lowe. Related document(s) #77 , #82 . (Attachments: #1 Brief in Support, #2 Proposed Supplemental Brief)(Weber, Ray)
May 19, 2021 Opinion or Order Filing 87 Order signed by Judge James S. Gwin on 5/19/2021 setting forth Markman findings and granting Motion to supplement the joint claim construction and prehearing statement (Related Doc #68 )(S,KM)
May 17, 2021 Opinion or Order Filing 86 Reply to Defendants' Response in Opposition (Doc. 85) and in Support of Its Motion to Strike (Doc. 81) Paragraphs 10, 11, 16-36 of the Jensen Declaration (Doc. 82-5) filed by All Plaintiffs. (Weber, Ray)
May 10, 2021 Opinion or Order Filing 85 Response to #81 Motion to strike Paragraphs 10-11 and 16-36 of Jensen Declaration (Doc. 77-5) Filed in Support of Defendants' Motion for Summary Judgment (Doc. 77) and, Opposition to #81 Motion to strike Paragraphs 10-11 and 16-36 of Jensen Declaration (Doc. 77-5) Filed in Support of Defendants' Motion for Summary Judgment (Doc. 77) filed by All Defendants. (Wernow, Howard)
May 10, 2021 Opinion or Order Filing 84 Reply in support of #77 Motion for summary judgment of Non-Infringement and Invalidity of the Lowe Patent filed by All Defendants. (Wernow, Howard)
May 10, 2021 Opinion or Order Filing 83 Reply to response to #76 Motion for summary judgment on the claim of infringement of the '664 patent, and defenses of invalidity and unenforceability to the claim of infringement of the '220 patent filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Remarks, #2 Exhibit 2 - Allowance)(Weber, Ray)
May 3, 2021 Opinion or Order Filing 82 Response and opposition to #76 Motion for summary judgment on the claim of infringement of the '664 patent, and defenses of invalidity and unenforceability to the claim of infringement of the '220 patent, filed by All Defendants. (Attachments: #1 Exhibit 1 - U.S. Patent No. 10,214,664, #2 Exhibit 2 - Plaintiffs' Responses to Crown Equipment Corporation's First Set of Request for Admissions, #3 Exhibit 3 - Declaration of Thomas R. Goecke, #4 Exhibit 4 - USPTO Decision Denying Institution of Post-Grant Review, #5 Exhibit 5 - Declaration of Timothy B. Jensen, Ph.D., #6 Exhibit 6 - U.S. Patent No. 10,738,220, #7 Exhibit 7 - October 18, 2005 USPTO Office Action, #8 Exhibit 8 - Pages from August 30, 2013 Deposition of Jerry M. Serra, Ph.D., #9 Exhibit 9 - Pages from April 25, 2013 Deposition of Thomas R. Goecke, #10 Exhibit 10 - April 8, 2019 Appeal Brief, #11 Exhibit 11 - September 13, 2019 USPTO Office Action, #12 Exhibit 12 - DEF005935-5965 Examiner Considered References from '220 Patent File Wrapper, #13 Exhibit 13 - DEF3569-3623 - Creative Safety Supply Motion for Summary Judgment, #14 Exhibit 14 - DEF009430-9435 - June 11, 2013 IDS from '480 Patent ReExam File Wrapper, #15 Exhibit 15 - DEF004735-4755 - Written Report of R. Eric Gaum, #16 Exhibit 16 - DEF009267-9270 - September 3, 2013 IDS from '480 Patent ReExam File Wrapper)(Wernow, Howard).
May 3, 2021 Opinion or Order Filing 81 Motion to strike Paragraphs 10-11 and 16-36 of Jensen Declaration (Doc. 77-5) Filed in Support of Defendants' Motion for Summary Judgment (Doc. 77), filed by InSite Solutions, LLC, Clifford A. Lowe. Related document(s) #77 . (Attachments: #1 Brief in Support). (Weber, Ray)
May 3, 2021 Opinion or Order Filing 80 Response to #77 Motion for summary judgment of Non-Infringement and Invalidity of the Lowe Patent filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - definition of portion, #2 Exhibit 2 - definition of edge, #3 Exhibit 3 - definition of lateral, #4 Exhibit 4 - 2021 Mighty Line web ad, #5 Exhibit 5 - DuraStripe ads_ISL000045-54, #6 Exhibit 6 - blue & yellow tape, #7 Exhibit 7 - 2019 Mighty Line web ad, #8 Exhibit 8 - Mighty Line product language ISL000165, #9 Exhibit 9 - Frankland Declaration, #10 Exhibit 10 - Lowe Declaration, #11 Exhibit 11 - 2019 Mighty Line edge profiles)(Weber, Ray)
April 29, 2021 Opinion or Order Filing 79 Expert Report pursuant to Rule 26 of James D. Frankland filed by All Plaintiffs. (Attachments: #1 Exhibit Expert Report James D. Frankland, #2 Exhibit 1 - Curriculum Vitae, #3 Exhibit 2 - Publications, #4 Exhibit 3 - Testimony, #5 Exhibit 4 - Items considered, #6 Exhibit 5 - DuraStripe, #7 Exhibit 6 - Mighty Line)(Weber, Ray)
April 29, 2021 Opinion or Order Filing 78 Plaintiffs' Notice of Disclosure of Witness Under Fed.R.Civ.P. 26(a)(2)(C) filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Validity Contentions 2-24-21)(Weber, Ray)
April 19, 2021 Opinion or Order Filing 77 Motion for summary judgment of Non-Infringement and Invalidity of the Lowe Patent, filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc. (Attachments: #1 Brief in Support, #2 Exhibit 1 - US Patent 6,120,395 Dorenbusch, #3 Exhibit 2 - Supplemental Initial Infringement Contentions, #4 Exhibit 3 - US Patent 10,214,644 Lowe, #5 Exhibit 4 - Declaration of Timothy B. Jensen Ph.D., #6 Exhibit 5 - File Wrapper for US Patent 10,214,644, #7 Exhibit 6 - USPTO Decision Denying Institution of PGR, #8 Exhibit 7 - Declaration of Thomas R. Goecke, #9 Exhibit 8 - Objections and Responses to Defendant ShieldMark's First Set of Request for Admissions, #10 Exhibit 9 - Objections and Responses to Advanced Plastics, Inc.'s First Set of Requests for Admission, #11 Exhibit 10 - Responses to Advanced Plastics Inc.'s Second Set of Interrogatories, #12 Exhibit 11 - Responses to Crown Equipment Corporation's First Set of Request for Admission, #13 Exhibit 12 - Gloss Test Report, #14 Exhibit 13 - Exhibit A to Plaintiffs' Validity and Enforceability Contentions)(Wernow, Howard).
April 16, 2021 Opinion or Order Filing 76 Motion for summary judgment on the claim of infringement of the '664 patent, and defenses of invalidity and unenforceability to the claim of infringement of the '220 patent, filed by InSite Solutions, LLC, Clifford A. Lowe. (Attachments: #1 Brief in Support, #2 Affidavit of Clifford A. Lowe, #3 Exhibit 1 - SJR Research Report, #4 Exhibit 2 - Ergomat damage disclaimer, #5 Exhibit 3 - Goecke Patent 8,088,480, #6 Exhibit 4 - Bull-nosed edge, #7 Exhibit 5 - Duck-billed edge, #8 Exhibit 6 - Supplemental Infringement. Contentions, #9 Exhibit 7 - 2 photos booth & table, #10 Exhibit 8 - Decision 3-9-20 Deny Institution Post-Grant Review, #11 Exhibit 9 - Decision 9-4-20_Deny Request for Rehearing,Grant LateFiling, #12 Exhibit 10 - Serra Deposition Transcript 8-30-13, #13 Exhibit 11 - Goecke Patent 8,343,292, #14 Exhibit 12 - Goecke Deposition TR. 4-25-13, #15 Exhibit 13 - Invalidity Contentions Chart, #16 Exhibit 14 - Nye Deposition Transcript 5-31-13, #17 Exhibit 15 - Goecke PTO Action 2-12-15, #18 Exhibit 16 - 3M Tech. Data Sheet, #19 Exhibit 17 - Mueller Patent 6180228, #20 Exhibit 18 - PCT WO9718947, #21 Exhibit 19 - EPO0488526B1, #22 Exhibit 20 - Goecke PTO Action 11-2-15, #23 Exhibit 21 - Goecke Deposition Transcript 6-27-13, #24 Exhibit 22 - PVC_Affidavit Creative Safety) (Weber, Ray).
April 7, 2021 Opinion or Order Filing 75 Reply to Defendants' Response (Doc. #72) to Plaintiffs' Motion (Doc. #68) to Supplement Joint Claim Construction and Pre-hearing Statement (Doc. #61) filed by All Plaintiffs. (Attachments: #1 Exhibit 1 MPEP SEC. 804, #2 Exhibit 2 US Patent 8,883,290)(Weber, Ray)
April 1, 2021 Opinion or Order Filing 74 Reply in support of #71 Motion to strike and Objection to Defendants' Expert Report With Confirmation From the Court that LPR 5.1, 5.2 Apply filed by All Plaintiffs. (Weber, Ray)
April 1, 2021 Opinion or Order Filing 73 Opposition to #71 Motion to strike and Objection to Defendants' Expert Report With Confirmation From the Court that LPR 5.1, 5.2 Apply filed by All Defendants. (Attachments: #1 Exhibit 1 - Notice of Identification of New Expert Witness)(Wernow, Howard)
March 31, 2021 Opinion or Order Filing 72 Response to #68 Motion to Supplement Joint Claim Construction and Prehearing Statement filed by All Defendants. (Attachments: #1 Exhibit 1 - November 19 2015 Office Action, #2 Exhibit 2 - Terminal Disclaimer To Obviate Double Patenting Rejection Over A Prior Patent) (Wernow, Howard)
March 31, 2021 Opinion or Order Filing 71 Motion to strike and Objection to Defendants' Expert Report With Confirmation From the Court that LPR 5.1, 5.2 Apply filed by InSite Solutions, LLC, Clifford A. Lowe. Related document(s) #67 . (Attachments: #1 Brief in Support)(Weber, Ray)
March 31, 2021 Opinion or Order Filing 70 Reply in Support of #66 Motion to Dismiss filed by ShieldMark, Inc.(an Ohio corporation). Related document(s) #66 . (Attachments: #1 Exhibit 1 - Printout of stop-painting.com - Superior Mark Floor Tape, #2 Exhibit 2 - Defendants' Validity and Enforceability Contentions) (Wernow, Howard)
March 31, 2021 Opinion or Order Filing 69 Reply in Support of Defendant ShieldMark's Motion to Dismiss, with Prejudice, its Counterclaim Count Four for Infringement of US Patent No. 10,738,220 filed by ShieldMark, Inc.(an Ohio corporation). Related document(s) #65 . (Attachments: #1 Exhibit 1 - Printout of stop-painting.com - Superior Mark Floor Tape, #2 Exhibit 2 - Defendants' Validity and Enforceability Contentions) (Wernow, Howard)
March 30, 2021 Opinion or Order Filing 68 Motion to supplement Joint Claim Construction and Prehearing Statement filed by InSite Solutions, LLC, Clifford A. Lowe. Related document(s) #61 . (Attachments: #1 Exhibit 1 PROPOSED Memorandum in Support, #2 Brief in Support)(Weber, Ray)
March 30, 2021 Opinion or Order Filing 67 Expert Report pursuant to Rule 26 of Timothy B. Jensen, Ph.D. filed by All Defendants. (Attachments: #1 Exhibit 1 Curriculum vitae (CV) of Timothy B. Jensen, Ph.D., #2 Exhibit 2 List of Materials Considered, #3 Exhibit 3 - U.S. Patent No. 10,214,664 (the Lowe Patent), #4 Exhibit 4 USPTO File Wrapper of U.S. Patent No. 10,214,664, #5 Exhibit 5 USPTO File Wrapper of US Patent Application Serial No. 14537490, #6 Exhibit 6 August 20, 2019 Declaration of Thomas Goecke, #7 Exhibit 7 Photograph of Die used to make Durastripe, #8 Exhibit 8 RS Tool invoice for purchase of beveled edge die, #9 Exhibit 9 Ergomat Sales Invoices, #10 Exhibit 10 September 14, 2012 Declaration of Thomas Goecke, #11 Exhibit 11 - Response of Plaintiffs/Counterclaim Defendants Clifford A. Lowe and Insite Solutions, LLC to Defendant/Counterclaim Plaintiff Crown Equipment Corporations First Set of Requests For Admission, Dated January 7, 2021, #12 Exhibit 12 - U.S. Patent No. 6,120,395, #13 Exhibit 13 - Great Britain Patent No. 692,038, #14 Exhibit 14 - Japan Patent No. 0287208 and its machine translation, #15 Exhibit 15 - U.S. Patent No. 4,806,400, #16 Exhibit 16 - Plaintiffs opening Claim construction brief, #17 Exhibit 17 PTAB Decision denying institution of Post Grant Review (PGR), #18 Exhibit 18 - Photograph comparison of Durastripe and Mighty Line DEF008761, #19 Exhibit 19 Lowes Validity Contentions, #20 Exhibit 20 Gloss Test Report of ShieldMarks Mighty Line Tape)(Wernow, Howard)
March 26, 2021 Opinion or Order Filing 66 Opposition to #56 Motion to dismiss count three of the third amended complaint for lack of subject matter jurisdiction filed by All Plaintiffs. (Weber, Ray)
March 26, 2021 Opinion or Order Filing 65 Response to #55 Motion to dismiss its counterclaim count four for infringement of U.S. Patent No. 10,738,220 with prejudice filed by All Plaintiffs. (Attachments: #1 Exhibit A_Lowe,InSite Initial Invalidity, Unenforceability Contentions, #2 Exhibit B_TO BE FILED UNDER SEAL AT COURT'S REQUEST, #3 Exhibit C_TO BE FILED UNDER SEAL AT COURT'S REQUEST, #4 Exhibit D_02-16-2021 email Sebolt to Weber, #5 Exhibit E_02-18-2021 email Wernow to Weber, #6 Exhibit F_Research re counterclaims, #7 Exhibit G_ShieldMark Req for Production_Lowe,InSite Responses, #8 Exhibit H_Initial Noninfringement Contentions of Lowe, InSite, #9 Exhibit I_Lowe,InSite Claim Constructions, #10 Exhibit J_PublicPair '220 Pat.ProsecutionHistory)(Weber, Ray)
March 21, 2021 Opinion or Order Filing 64 Transcript of Markman Hearing Proceedings held on 3/18/2021 before Judge James S. Gwin. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 216-357-7078 or email donnalee_cotone@ohnd.uscourts.gov. [63 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/29/2021. Redaction Request due 4/12/2021. Redacted Transcript Deadline set for 4/21/2021. Release of Transcript Restriction set for 6/21/2021. Related document(s) #63 , #62 . (C,Do)
March 19, 2021 Opinion or Order Filing 63 Expedited Non-Appeal Transcript Order Form for proceedings held on 03/18/2021 before Judge James S. Gwin, Court Reporter: Donnalee Cotone. Requested completion date: 03/22/2021 filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc.. (Wernow, Howard)
March 18, 2021 Opinion or Order Filing 62 Expedited Non-Appeal Transcript Order Form for proceedings held on 03/18/2021 before Judge James S. Gwin, re Markman Hearing. Court Reporter: Donnalee Cotone. Requested completion date: 03/22/2021 filed by All Plaintiffs. (Weber, Ray)
March 18, 2021 Opinion or Order Minutes of Markman Hearing[non-document] before Judge James S. Gwin held on 3/18/2021 (Court Reporter: D. Cotone;Time: 1 hour 45 minutes) (S,KM)
March 15, 2021 Opinion or Order Filing 61 Joint Markman Brief Joint Claim Construction and Prehearing Statement filed by All Plaintiffs. (Weber, Ray)
March 11, 2021 Opinion or Order IMPORTANT: Notice [non-document] of Markman Hearing set for 3/18/2021 at 01:30 PM to be held by video conference (Cleveland) before Judge James S. Gwin. (S,KM)
March 9, 2021 Opinion or Order Filing 60 Defendants' Response to Plaintiffs' Opening Claim Construction Brief filed by All Defendants. Related document(s) #54 . (Attachments: #1 Exhibit 17 - Previous Markman Hearing Transcript, #2 Exhibit 18 - Plaintiffs Responses to Defendants Request for Admission, #3 Exhibit 19 - Dictionary definition of Smooth, #4 Exhibit 20 - dictionary definition of Rough) (Wernow, Howard)
March 9, 2021 Opinion or Order Filing 59 Notice of Intent to Oppose ShieldMark's Motion to Dismiss Count Three of Third Amended Complaint for Lack of Subject Matter Jurisdiction filed by All Plaintiffs. Related document(s) #56 .(Weber, Ray)
March 9, 2021 Opinion or Order Filing 58 Notice of Intent to File a Response to ShieldMark's Motion to Dismiss Its Counterclaim Count Four for Infringement of US Patent 10,738,220 With Prejudice filed by All Plaintiffs. Related document(s) #55 .(Weber, Ray)
March 9, 2021 Opinion or Order Filing 57 Brief Plaintiffs' Responsive Claim Construction Brief filed by All Plaintiffs. Related document(s) #53 . (Attachments: #1 Exhibit 7 Decision Denying Petitioner's Request for Rehearing, #2 Exhibit 8 Definition of DISPOSE_TheFreeDictionary.Com) (Weber, Ray)
March 8, 2021 Opinion or Order Filing 56 Motion to dismiss count three of the third amended complaint for lack of subject matter jurisdiction filed by Counter-Claimant ShieldMark, Inc., Defendant ShieldMark, Inc.. Related document(s) #44 . (Attachments: #1 Brief in Support, #2 Exhibit A - Covenant Not To Sue, #3 Exhibit B - Lowe's noninfringement contentions, #4 Proposed Order)(Wernow, Howard)
March 8, 2021 Opinion or Order Filing 55 Motion to dismiss count four for infringement of U.S. Patent No. 10,738,220 with prejudice filed by Counter-Claimant ShieldMark, Inc., Defendant ShieldMark, Inc.. Related document(s) #46 . (Attachments: #1 Brief in Support, #2 Exhibit A - Lowe's noninfringement contentions, #3 Proposed Order)(Wernow, Howard)
February 23, 2021 Opinion or Order Filing 54 Opening Claim Construction Brief filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Patent No. 10,214,664_Lowe, #2 Exhibit 2 - Patent No. 10,738,220_Goecke, #3 Exhibit 3 - Goecke Deposition., #4 Exhibit 4 - Lowe Deposition., #5 Exhibit 5 - Decision denying post grant review, #6 Exhibit 6 - ASTM D523)(Weber, Ray)
February 23, 2021 Opinion or Order Filing 53 Opening Claim Construction Brief filed by All Defendants. Related document(s) #51 . (Attachments: #1 Exhibit 1 - PTAB Decision, #2 Exhibit 2 - U.S. Pat. No. 10,214,664, #3 Exhibit 3 - Lowe POPR, #4 Exhibit 4 - Lowe's Response to AP's RFAs, #5 Exhibit 5 - Goecke Declaration, #6 Exhibit 6 - Lowe's Response to Crown's RFAs, #7 Exhibit 7 - U.S. Pat. No. 10,738,220, #8 Exhibit 8 - Mitchell Ellis v. Agrinomix, #9 Exhibit 9 - HealthSpot v. Computerized Screening, #10 Exhibit 10 - Game and Tech v. Blizzard, #11 Exhibit 11 - Lowe's final claim constructions, #12 Exhibit 12 - DEF009177, #13 Exhibit 13 - DEF009179, #14 Exhibit 14 - DEF009180, #15 Exhibit 15 - DEF009189, #16 Exhibit 16 - PSTC101 method)(Wernow, Howard)
February 3, 2021 Opinion or Order Filing 52 Joint Proposed Stipulation Regarding Plaintiffs' Withdrawal of Their Claim for Provisional Remedies Under 35 U.S.C. 154(d) filed by All Defendants. (Wernow, Howard)
January 7, 2021 Opinion or Order Filing 51 Minutes of Status Conference before Judge James S. Gwin held on 1/7/2021 by video conference. The Court modifies dates. Preliminary Claim Construction due 2/1/21 withFinal Claim Construction due 2/16/21. Opening Markman Briefs due 2/23/21 with responses due 3/9/21. Markman Hearing: 3/18/21 at 1:30 p.m. in Courtroom 18A. Dispositive Motion Deadline of 4/19/21 with responses due 5/3/21 and replies due 5/10/21. The Court sets Final Pretrial Conference for 6/22/21 at 12:00 PM in Chambers 18A. Trial assigned on a two week stand-by basis beginning on 6/28/21(Court Reporter: None; Time: 45 minutes) (S,KM)
December 31, 2020 Opinion or Order IMPORTANT: Notice [non-document] of Status Conference set for 1/7/2021 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. (S,KM)
November 24, 2020 Opinion or Order Filing 50 Reply and Affirmative Defenses to Defendant Crown Equipment Corporation's Counterclaims Raised in its Answer to Plaintiffs' Third Amended Complaint filed by All Plaintiffs. Related document(s) #44 , #47 . (Weber, Ray)
November 24, 2020 Opinion or Order Filing 49 Reply and Affirmative Defenses to Defendant ShieldMark's Counterclaims Raised in its Answer to Plaintiffs' Third Amended Complaint filed by All Plaintiffs. Related document(s) #44 , #46 . (Weber, Ray)
November 24, 2020 Opinion or Order Filing 48 Reply and Affirmative Defenses to Defendant Advanced Plastic's Counterclaims Raised in its Answer to Plaintiffs' Third Amended Complaint filed by All Plaintiffs. Related document(s) #44 , #45 . (Weber, Ray)
November 10, 2020 Opinion or Order Filing 47 Answer to #44 Amended complaint , Counterclaim against All Plaintiffs filed by Crown Equipment Corporation. (Attachments: #1 Exhibit A - Portion of the stop-paiting.com Website from March 8 2004, #2 Exhibit B - Portion of the stop-paiting.com Website from Feb 23 2004, #3 Exhibit C - Portion of the stop-paiting.com Website from Jan 1 2004, #4 Exhibit D - Portion of the stop-paiting.com Website from March 20 2004, #5 Exhibit E - Brochure for Insite Advertises Durastripe Tape)(Wernow, Howard)
November 10, 2020 Opinion or Order Filing 46 Answer to #44 Amended complaint , Counterclaim against All Plaintiffs filed by ShieldMark, Inc. (Attachments: #1 Exhibit A - US10738220, #2 Exhibit B - Portion of the stop-paiting.com Website from March 8 2004, #3 Exhibit C - Portion of the stop-paiting.com Website from Feb 23 2004, #4 Exhibit D - Portion of the stop-paiting.com Website from Jan 1 2004, #5 Exhibit E - Portion of the stop-paiting.com Website from March 20 2004, #6 Exhibit F - Brochure for Insite Advertises Durastripe Tape, #7 Exhibit G - Superior Mark Specification)(Wernow, Howard)
November 10, 2020 Opinion or Order Filing 45 Answer to #44 Amended complaint , Counterclaim against All Plaintiffs filed by Advanced Plastics, Inc. (Attachments: #1 Exhibit A - Portion of the stop-paiting.com Website from March 8 2004, #2 Exhibit B - Portion of the stop-paiting.com Website from Feb 23 2004, #3 Exhibit C - Portion of the stop-paiting.com Website from Jan 1 2004, #4 Exhibit D - Portion of the stop-paiting.com Website from March 20 2004, #5 Exhibit E - Brochure for Insite Advertises Durastripe Tape)(Wernow, Howard)
October 27, 2020 Opinion or Order Filing 44 Third Amended complaint for Infringement of U.S. Patent No. 10,214,664, False Advertising, and Declaratory Judgment of Non-infringement, Invalidity and Unenforceability of U.S. Patent No. 10,738,220 With Jury Trial Demanded against All Defendants. Filed by InSite Solutions, LLC, Clifford A. Lowe. (Attachments: #1 Exhibit 1 - US Patent 10,214,664-Lowe, #2 Exhibit 2 - Internet advertising Mighty Line floor tape, #3 Exhibit 3 - Internet advertising by Crown Equipment, #4 Exhibit 4 - Internet advertising Mighty Line floor tape, #5 Exhibit 5 - Jeka Product Line, #6 Exhibit 6 - 3M Pavement Marking Tape, #7 Exhibit 7 - 3M High Performance Adhesive Transfer Tapes, #8 Exhibit 8 - US Patent 6,180,228 to Mueller, #9 Exhibit 9 - WO1997018947A1, #10 Exhibit 10 - EP0488526B1) (Weber, Ray)
October 27, 2020 Opinion or Order Filing 43 Reply and Affirmative Defenses to Defendant ShieldMark Inc.'s First Amended Counterclaims Raised in its Amended Answer to Plaintiffs' Second Amended Complaint filed by All Plaintiffs. Related document(s) #42 . (Attachments: #1 Exhibit A - U.S. Patent No. 10,738,220, #2 Exhibit B - 3M Pavement Marking Tape, #3 Exhibit C - 3M High Performance Adhesive Transfer Tapes, #4 Exhibit D - US Patent 6,180,228 to Mueller, #5 Exhibit E - WO1997018947A1, #6 Exhibit F - EP0488526B1) (Weber, Ray)
October 13, 2020 Opinion or Order Filing 42 Amended Answer to Plaintiff's Second Amended Complaint, Amended Counterclaim against InSite Solutions, LLC, Clifford A. Lowe filed by ShieldMark, Inc.(an Ohio corporation). Related document(s) #22 . (Attachments: #1 Exhibit A - U.S. Patent No. 10,738,220, #2 Exhibit B - StopPainting.com 2004.03.08, #3 Exhibit C - StopPainting.com 2004.02.23, #4 Exhibit D - StopPainting.com 2004.01.01, #5 Exhibit E - StopPainting.com 2004.03.20, #6 Exhibit F - Insite Catalog selling Durastripe tape as having unique beveled edges in November 2003, #7 Exhibit G - Superior Mark Specification Sheet) (Wernow, Howard)
October 13, 2020 Opinion or Order Filing 41 Order signed by Judge James S. Gwin on 10/13/2020. The Court lifts stay in this case and sets dates and deadlines. Case is assigned to the standard track. Parties to be Joined and Pleading Amendments due by 10/27/2020. Dispositive Motions due by 2/22/2021, with Responses due 3/8/2021 and Replies due by 3/15/2021. Markman Hearing set for 2/25/2021 at 10:00 AM in Courtroom 18A before Judge James S. Gwin. Status Conference set for 1/7/2021 at 12:00 PM and Pretrial Conference set for 3/8/2021 at 12:00 PM, both to be held in Chambers 18A before Judge James S. Gwin. Jury Trial assigned on the two week stand-by basis beginning on 6/14/2021 at 08:00 AM in Courtroom 18A before Judge James S. Gwin.(S,KM)
October 13, 2020 Opinion or Order Filing 40 Minutes of Status/Scheduling Conference before Judge James S. Gwin held on 10/13/2020 by video. (Court Reporter: None;Time: 45 minutes) (S,KM)
October 6, 2020 Opinion or Order IMPORTANT: Notice [non-document] of Status Conference set for 10/13/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. Conference information to be provided by email to counsel. (S,KM)
October 5, 2020 Opinion or Order Filing 39 Motion for leave to file first amended answer and counterclaims filed by ShieldMark, Inc., ShieldMark, Inc., Defendant ShieldMark, Inc. Related document(s) #22 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - US Patent No. 10,738,220, #3 Exhibit 2 - Amended Answer to Second Amended Complaint And Amended Counterclaims, #4 Proposed Order)(Wernow, Howard)
September 30, 2020 Opinion or Order Filing 38 Joint Status Report Regarding Post-Grant Review filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc.(an Ohio corporation). (Wernow, Howard)
August 25, 2020 Opinion or Order Filing 37 Joint Status Report Regarding Post-Grant Review filed by All Plaintiffs. (Weber, Ray)
June 24, 2020 Opinion or Order Filing 36 Joint Status Report Regarding Post-Grant Review filed by All Plaintiffs. (Weber, Ray)
April 23, 2020 Opinion or Order Filing 35 Joint Status Report Regarding Post-Grant Review filed by All Plaintiffs. (Weber, Ray)
February 18, 2020 Opinion or Order Filing 34 Joint Status Report Regarding Post Grant Review filed by All Defendants. (Wernow, Howard)
February 3, 2020 Opinion or Order LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 10, 2020 Opinion or Order IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
December 18, 2019 Opinion or Order Filing 33 Joint Status Report Regarding Post-Grant Review filed by All Plaintiffs. (Weber, Ray)
October 23, 2019 Opinion or Order Filing 32 Joint Status Report Regarding Post Grant Review filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc.(an Ohio corporation). (Megley, Richard)
August 29, 2019 Opinion or Order Filing 31 Marginal Entry Order signed by Judge James S. Gwin on 8/29/19 granting defendants' unopposed motion to stay. The parties shall file a status report every 2 months and shall give notice when the Patent Trial and Appeal Board decides whether it will institute a post grant review. (Related Doc. #28 ) (D,MA)
August 28, 2019 Opinion or Order Filing 30 Supplement to Unopposed Motion to stay proceedings pending post grant review - SUPPLEMENT TO THE BRIEF IN SUPPORT OF DEFENDANT SHIELDMARKS UNOPPOSED MOTION TO STAY PROCEEDINGS PENDING POST GRANT REVIEW, filed by ShieldMark, Inc.. Related document(s) #28 . (Attachments: #1 Exhibit A - Petition for PGR, #2 Exhibit B - Defendants Initial Invalidity & Unenforceability Contentions, #3 Exhibit C - US Patent No. 10,214,664, #4 Exhibit D - Declaration of Thomas R. Goecke, #5 Exhibit E - Declaration of Clifford A. Lowe)(Beoglos, Laura)
August 28, 2019 Opinion or Order Filing 29 Proposed Order Granting Unopposed Motion to Stay Proceedings filed by ShieldMark, Inc.. Related document(s) #28 . (Beoglos, Laura)
August 27, 2019 Opinion or Order Filing 28 Unopposed Motion to stay proceedings pending post grant review filed by Defendant ShieldMark, Inc.. (Attachments: #1 Brief in Support of Unopposed Motion to Stay Proceedings Pending Post Grant Review)(Beoglos, Laura)
August 8, 2019 Opinion or Order Filing 27 Answer and Affirmative Defenses to Counterclaims of Defendant ShieldMark filed by All Plaintiffs. Related document(s) #24 . (Weber, Ray)
July 22, 2019 Opinion or Order Filing 26 Answer to the Second Amended Complaint filed by Crown Equipment Corporation. Related document(s) #22 . (Wernow, Howard)
July 22, 2019 Opinion or Order Filing 25 Answer to the Second Amended Complaint filed by Advanced Plastics, Inc. Related document(s) #22 . (Wernow, Howard)
July 22, 2019 Opinion or Order Filing 24 Answer to Second Amended Complaint, Counterclaim against InSite Solutions, LLC and Clifford A. Lowe filed by ShieldMark, Inc.. (Related document(s) #22 ) (Wernow, Howard)
July 10, 2019 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 7/10/19 granting the motion to appear pro hac vice of Attorney Richard B. Megley, Jr., on behalf of defendants. 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. #23 )(D,MA)
July 9, 2019 Opinion or Order Filing 23 Motion for attorney Richard B. Megley, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9405356, filed by Defendant ShieldMark, Inc.. (Attachments: #1 Affidavit)(Wernow, Howard)
July 8, 2019 Opinion or Order Filing 22 Second Amended complaint for patent infringement and false advertising against All Plaintiffs. Filed by InSite Solutions, LLC, Clifford A. Lowe. (Attachments: #1 Exhibit 1 - US Patent 10,214,664, #2 Exhibit 2 - Internet advertising Mighty Line floor tape, #3 Exhibit 3 - Internet advertising by Crown Equipment, #4 Exhibit 4 - Internet advertising Mighty Line floor tape) (Weber, Ray)
June 18, 2019 Opinion or Order Filing 21 Answer and Affirmative Defenses to Counterclaims of Defendant ShieldMark filed by All Plaintiffs. Related document(s) #13 . (Weber, Ray)
June 12, 2019 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 6/12/19. IMPORTANT: The Court amends its 6/10/19 Case Management Plan/Order to correct a typographical error as follows: initial noninfringement contentions due 7/12/19. All other deadlines and hearings remain unchanged. (Related Doc. #19 ) (D,MA)
June 10, 2019 Opinion or Order Filing 20 Order signed by Judge James S. Gwin on 6/10/19 that plaintiff shall identify experts by 7/29/19 and defendants shall identify experts by 8/12/19. (D,MA)
June 10, 2019 Opinion or Order Filing 19 Case Management Conference Plan/Order signed by Judge James S. Gwin on 6/10/19. Case is assigned to the standard track. Parties to be joined and pleadings amended by 7/8/19. Dispositive motions to be filed by 1/13/20 with responses due 1/27/20 and replies due 2/3/20. All discovery to be completed by 4/6/20. Status conference set for 9/5/19 at 2:00 p.m., and final pretrial conference set for 4/14/20 at 4:00 p.m., both in Chambers 18A. Jury trial is assigned on a two-week standby basis beginning 4/27/20 at 8:00 a.m., Courtroom 18A.IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix A: Proposed Final Pretrial Order, #2 Appendix B: Exhibit List, #3 Appendix C: Witness List) (D,MA)
June 5, 2019 Opinion or Order Filing 18 Minutes of case management conference before Judge James S. Gwin on 6/5/19. (Court Reporter: None; Time: 2 hr. 8 min.) (D,MA)
June 4, 2019 Opinion or Order Filing 17 Corporate Disclosure Statement filed by InSite Solutions, LLC. (Weber, Ray)
May 31, 2019 Opinion or Order Filing 16 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Weber, Ray)
May 28, 2019 Opinion or Order Filing 15 Answer to #11 Amended complaint, filed by Crown Equipment Corporation. (Wernow, Howard)
May 28, 2019 Opinion or Order Filing 14 Answer to #11 Amended complaint, filed by Advanced Plastics, Inc. (Wernow, Howard)
May 28, 2019 Opinion or Order Filing 13 Answer to #11 Amended complaint, , Counterclaim against All Plaintiffs filed by ShieldMark, Inc. (Wernow, Howard)
May 17, 2019 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 5/17/19 granting the parties' joint motion to continue the 5/23/19 case management conference due to scheduling conflicts. IMPORTANT: Said conference reset to 6/5/19 at 9:00 a.m., Chambers 18A. (Related Doc. #12 ) (D,MA)
May 15, 2019 Opinion or Order Filing 12 Joint Motion for extension of time to Reset the May 23,2019 Case Management Conference filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc.. Related document(s) #10 . (Wernow, Howard)
May 14, 2019 Opinion or Order Filing 11 First Amended complaint for patent infringement with jury trial demanded against All Defendants and adding new party plaintiff(s) InSite Solutions, LLC. Filed by Clifford A. Lowe. (Attachments: #1 Exhibit 1 - US Patent 10,214,664, #2 Exhibit 2 - Internet advertising Mighty Line floor tape, #3 Exhibit 3 - Internet advertising by Crown Equipment) (Weber, Ray)
May 1, 2019 Opinion or Order Filing 10 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 5/1/19 setting a conference for 5/23/19 at 8:30 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Civil Rule 30.1)(D,MA)
May 1, 2019 Opinion or Order Filing 9 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 5/1/19. (D,MA)
May 1, 2019 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 5/1/19 granting defendants' unopposed motion for an extension of time until 5/15/19 to file a response to plaintiff's complaint. The Court requires the filing of an answer. (Related Doc. #5 ) (D,MA)
April 26, 2019 Opinion or Order Filing 8 Corporate Disclosure Statement filed by Crown Equipment Corporation. (Wernow, Howard)
April 26, 2019 Opinion or Order Filing 7 Corporate Disclosure Statement filed by Advanced Plastics, Inc.. (Wernow, Howard)
April 26, 2019 Opinion or Order Filing 6 Corporate Disclosure Statement filed by ShieldMark, Inc.. (Wernow, Howard)
April 26, 2019 Opinion or Order Filing 5 Unopposed Motion for extension of time of 14 days until 05/15/2019 to answer filed by Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc. Related document(s) #1 . (Wernow, Howard)
April 16, 2019 Opinion or Order Filing 4 Return of Service by Clerk by certified mail executed upon Crown Equipment Corporation on 4/10/2019; ShieldMark, Inc. on 4/10/2019, Advanced Plastics, Inc. on 4/10/2019 no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Clifford A. Lowe Related document(s) #3 . (P,G)
April 15, 2019 Opinion or Order This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (Y,A)
April 15, 2019 Opinion or Order Random Reassignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (Y,A)
April 8, 2019 Opinion or Order Service by Clerk. Summons and Complaint addressed to Advanced Plastics, Inc., Receipt # 7000 0600 0027 0176 2525. Crown Equipment Corporation, Receipt # 7000 1670 0013 8525 0409. ShieldMark, Inc., Receipt # 7000 0600 0027 0176 2532 placed in U.S. Mail. Type of service: certified mail. (P,G)
April 4, 2019 Opinion or Order Filing 3 Original Summons and Magistrate Consent Form issued for service upon Advanced Plastics, Inc., Crown Equipment Corporation, ShieldMark, Inc. (Attachments: #1 Magistrate Consent Form) (Y,A)
April 4, 2019 Opinion or Order Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by All Plaintiffs. (Weber, Ray)
April 4, 2019 Opinion or Order Filing 1 Complaint with jury demand for patent infringement against All Defendants. Filing fee paid $400, Receipt number 0647-9237640. Filed by Clifford A. Lowe. (Attachments: #1 Exhibit 1 - US Patent 10,214,664, #2 Exhibit 2 - Internet advertising Mighty Line floor tape, #3 Exhibit 3 - Internet advertising by Crown Equipment, #4 Civil Cover Sheet, #5 Summons) (Weber, Ray)
April 4, 2019 Opinion or Order FILING ERROR 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. (Y,A) Modified on 4/17/2019 (Y,A).
April 4, 2019 Opinion or Order Judge James S. Gwin assigned to case, (Y,A)

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Search for this case: Lowe v. ShieldMark, Inc. et al
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Plaintiff: Clifford A. Lowe
Represented By: Ray L. Weber
Represented By: Laura J. Gentilcore
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Plaintiff: InSite Solutions, LLC
Represented By: Ray L. Weber
Represented By: Laura J. Gentilcore
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Defendant: ShieldMark, Inc.
Represented By: Howard L. Wernow
Represented By: Laura L. Beoglos
Represented By: Joseph A. Sebolt
Represented By: Richard B. Megley, Jr.
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Defendant: Advanced Plastics, Inc.
Represented By: Howard L. Wernow
Represented By: Laura L. Beoglos
Represented By: Joseph A. Sebolt
Represented By: Richard B. Megley, Jr.
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Defendant: Crown Equipment Corporation
Represented By: Howard L. Wernow
Represented By: Laura L. Beoglos
Represented By: Joseph A. Sebolt
Represented By: Richard B. Megley, Jr.
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