RECOG IP LLC v. Victoria's Secret & Co.
| RECOG IP LLC |
| Victoria's Secret & Co. and Victorias Secret Direct Brand Management, LLC |
| 2:2023cv04247 |
| December 27, 2023 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Michael H Watson |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 REPLY to Response to Motion re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Victoria's Secret & Co., Victorias Secret Direct Brand Management, LLC. (Miller, Richard) |
| Filing 42 NOTICE of Appearance by Michael R Reed for Defendants Victoria's Secret & Co., Victorias Secret Direct Brand Management, LLC (Reed, Michael) |
| Filing 41 RESPONSE in Opposition re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff RECOG IP LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,296,062, #2 Exhibit B - Defendants' Rule 26(a) Initial Disclosures, #3 Exhibit C - Sephora USA, Inc.s Proposed Claim Constructions, served November 27, 2023, C.A. 6:23-cv-324-ADA-DTG (W.D. Texas), #4 Exhibit D - Nordstrom, Inc.s Proposed Claim Constructions, served January 23, 2024, C.A. 6:23-cv-00565-ADA-DTG (W.D. Texas)) (Bennett, David) |
Filing 40
ORDER: PATENT CASE. Local Patent Rules of this Court for Pretrial Proceedings. Joinder of Parties due by 5/3/2024. Motions to Amend due by 5/3/2024. Discovery due by 11/1/2024. Discovery (Fact) due by 4/16/2025. Responses due by 12/13/2024. Primary Expert due by 5/16/2025. Motions due by 3/3/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/30/2024. (vb)
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Filing 39
PRELIMINARY PRETRIAL ORDER: Initial Disclosures due by 1/23/2024. Joinder of Parties/Motions to Amend due by 5/3/2024. Discovery due by 4/16/2025. (If the parties are unable to reach an agreement on any matter related to discovery, they are directed to arrange a conference with the Court). Clawback Agreement Deadline due by 2/26/2024. Dispositive motions due by 10/3/2025. Primary Expert due by 5/16/2025. Rebuttal Expert due by 6/13/2025. Reply Expert Report due by 6/27/2025. Settlement Demand due by 2/2/2024. Mediation Deadline: 1/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/30/2024. (vb)
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| Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 1/30/2024. (sln) |
| Filing 38 RULE 26(f) REPORT by Plaintiff RECOG IP LLC. (Attachments: #1 Proposed Scheduling Order) (Bennett, David) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Victoria's Secret & Co., Victorias Secret Direct Brand Management, LLC. (Miller, Richard) |
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Filing 36
NOTATION ORDER granting #35 Motion for Leave to Appear Pro Hac Vice of David R. Bennett as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/8/2024. (mas)
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| Filing 35 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755588) of David R. Bennett by Plaintiff RECOG IP LLC. (Attachments: #1 Exhibit A-Certificate of Good Standing) (Wernow, Howard) |
| Filing 34 NOTICE of Hearing:Preliminary Pretrial Conference set for 1/30/2024 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
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Filing 33
ORDER finding as moot #15 Motion to Dismiss. Signed by Judge Michael H. Watson on 1/3/24. (ds)
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| Filing 32 NOTICE of Appearance by Howard L. Wernow for Plaintiff RECOG IP LLC (Wernow, Howard) |
| Set/Reset Deadlines: Victoria's Secret & Co. answer due 1/16/2024; Victoria's Secret Direct Brand Management, LLC answer due 1/16/2024. (mas) |
| Filing 31 STIPULATION OF EXTENSION OF TIME FOR DEFENDANTS TO MOVE OR PLEAD by Defendants Victoria's Secret & Co., Victorias Secret Direct Brand Management, LLC. (Miller, Richard) |
| Filing 30 Case transferred in from District of Texas Western; Case Number 6:23-cv-00663. Original file electronic copy of transfer order and docket sheet received. |
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Filing 29
ORDER GRANTING #26 Motion to Transfer Case. Signed by Judge Alan D Albright. (lad) [Transferred from Texas Western on 12/27/2023.]
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| Filing 28 Proposed Order (Corrected) to #26 Joint MOTION to Transfer Case to Southern District of Ohio, Columbus Division by RECOG IP LLC. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 27 DEFICIENCY NOTICE: re #26 Joint MOTION to Transfer Case to Southern District of Ohio, Columbus Division (lad) [Transferred from Texas Western on 12/27/2023.] |
| Filing 26 Joint MOTION to Transfer Case to Southern District of Ohio, Columbus Division by RECOG IP LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 25 Summons Issued as to Victorias Secret Direct Brand Management, LLC. (lad) [Transferred from Texas Western on 12/27/2023.] |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS by RECOG IP LLC. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 23 AMENDED COMPLAINT for Patent Infringement against Victoria's Secret & Co., Victorias Secret Direct Brand Management, LLC amending, filed by RECOG IP LLC. (Attachments: #1 Errata A - U.S. Patent No. 7,296,062)(Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
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Filing 22
ORDER REGARDING DISCOVERY DISPUTES. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 12/27/2023.]
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| Filing 21 Minute Entry for proceedings held before Judge Derek T. Gilliland: Case called for an Initial Status Conference via Zoom. Parties announced ready. Statements and arguments of counsel heard. The Court went over pending motions, procedures regarding discovery disputes and docket management. The Court provided a Markman Hearing date of Tuesday, May 24, 2024 and a Jury Trial Date of Tuesday, May 27, 2025. Parties are to meet and confer as outlined during the hearing and submit a proposed scheduling order in word version to the Court's Law Clerk at Jacob_Porter@txwd.uscourts.gov within seven (7) days from the date of this hearing. An Order re Discovery Disputes to follow. Hearing concluded. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(lad) [Transferred from Texas Western on 12/27/2023.] |
| Filing 20 NOTICE of Service of Venue Discovery by RECOG IP LLC re #15 MOTION to Dismiss (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 19 STATUS REPORT Case Readiness Status Report by RECOG IP LLC. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
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Filing 18
ORDER SETTING INITIAL STATUS CONFERENCE VIA ZOOM for 12/7/2023 10:00 AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 12/27/2023.]
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Filing 17
ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Richard W. Miller for Victoria's Secret & Co.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 12/27/2023.]
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| Filing 16 Certificate of Interested Parties by Victoria's Secret & Co.. (Ceuninck, Kyle) [Transferred from Texas Western on 12/27/2023.] |
| Filing 15 MOTION to Dismiss by Victoria's Secret & Co.. (Attachments: #1 Affidavit S. Miller Declaration in support of Motion to Dismiss, #2 Proposed Order Proposed Order Granting Motion to Dismiss). Motions referred to Judge Derek T. Gilliland. (Ceuninck, Kyle) [Transferred from Texas Western on 12/27/2023.] |
| Filing 14 MOTION to Appear Pro Hac Vice by Ashley Kissinger for Richard W. Miller ( Filing fee $ 100 receipt number ATXWDC-18137914) by on behalf of Victoria's Secret & Co... Motions referred to Judge Derek T. Gilliland. (Kissinger, Ashley) [Transferred from Texas Western on 12/27/2023.] |
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Filing 13
ORDER GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Kyle A. Ceuninck. Attorney added for Victoria's Secret & Co. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Derek T. Gilliland. (bot2) [Transferred from Texas Western on 12/27/2023.]
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| Filing 12 MOTION to Appear Pro Hac Vice by Ashley Kissinger for Kyle A. Ceuninck ( Filing fee $ 100 receipt number ATXWDC-18122813) by on behalf of Victoria's Secret & Co... Motions referred to Judge Derek T. Gilliland. (Kissinger, Ashley)[Transferred from Texas Western on 12/27/2023.] |
| Reset Deadlines: Victoria's Secret & Co. answer due 11/27/2023. (lad) [Transferred from Texas Western on 12/27/2023.] |
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Text Order GRANTING #9 Motion for Extension of Time to Answer entered by Judge Derek T. Gilliland. Defendant's deadline to answer or otherwise respond to the Complaint is extended to November 27, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jplc) [Transferred from Texas Western on 12/27/2023.]
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| Filing 11 Proposed Order to #9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Victoria's Secret & Co.. (Kissinger, Ashley) [Transferred from Texas Western on 12/27/2023.] |
| Filing 10 DEFICIENCY NOTICE: re #9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (lad) [Transferred from Texas Western on 12/27/2023.] |
| Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Victoria's Secret & Co.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Kissinger, Ashley) [Transferred from Texas Western on 12/27/2023.] |
| Filing 8 DEFICIENCY NOTICE: re #7 Notice (Other) (lad) [Transferred from Texas Western on 12/27/2023.] |
| Filing 7 NOTICE of Extension of Time to Respond to Complaint by Victoria's Secret & Co. re #1 Complaint (Kissinger, Ashley) [Transferred from Texas Western on 12/27/2023.] |
| Filing 6 Summons Issued as to Victoria's Secret & Co.. (lad) [Transferred from Texas Western on 12/27/2023.] |
| Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Derek T. Gilliland. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE (lad) [Transferred from Texas Western on 12/27/2023.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS by RECOG IP LLC. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 4 NOTICE of Related Cases by RECOG IP LLC re #1 Complaint (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by RECOG IP LLC. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
| Filing 1 COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number ATXWDC-17868294), filed by RECOG IP LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,296,062, #2 Civil Cover Sheet)(Bennett, David) [Transferred from Texas Western on 12/27/2023.] |
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