DELTESS CORPORATION v. RIO BRANDS, INC.
| DELTESS CORPORATION |
| RIO BRANDS, INC. |
| 2:2018cv04006 |
| September 17, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| MICHAEL M BAYLSON |
| GENE EK PRATTER |
| Property Rights: Patent |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 64 STIPULATION of Dismissal by DELTESS CORPORATION. (LEVIN, GARY) |
Filing 63
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b)0. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/9/19. 4/10/19 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 62 Minute Entry for Telephone Conference held on 4/3/19 before Judge Baylson. (mbh, ) |
| Filing 60 NOTICE of Appearance by SAMUEL A. MCMAHON on behalf of DELTESS CORPORATION with Certificate of Service(MCMAHON, SAMUEL) |
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Filing 61
ORDER THAT PLAINTIFF'S MOTION TO COMPEL IS GRANTED AND ALL SUCH DOCUMENTS SHALL BE DELIVERED TO PLAINTIFF'S COUNSEL ON 4/8/19. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/3/19. 4/4/19 ENTERED AND COPIES FAXED AND E-MAILED.(mbh, )
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| Filing 59 RESPONSE to Motion re #55 MOTION to Compel Production of Documents as Required by the Court's Scheduling Order filed by RIO BRANDS, INC.. (POLLACK, JEFFREY) |
| Filing 58 NOTICE of Hearing on Motion #55 MOTION to Compel Production of Documents as Required by the Court's Scheduling Order : TELEPHONE CONFERENCE RE: MOTION TO COMPEL SET FOR 4/3/2019 04:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) |
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Filing 57
ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN CHAMBERS ON 4/18/2019 AT 9:30 AM. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 3/25/19. 3/25/19 ENTERED AND COPIES FAXED AND E-MAILED.(mbh, )
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| Filing 56 RESPONSE to Motion re #52 MOTION to Permit Supplemental Reply Brief on Claim Construction with Substantive Brief [RIO BRANDS, LLCS RESPONSE TO DELTESS SUPPLEMENTAL REPLY BRIEF ON CLAIM CONSTRUCTION] filed by RIO BRANDS, INC.. (POLLACK, JEFFREY) |
| Filing 55 MOTION to Compel Production of Documents as Required by the Court's Scheduling Order filed by DELTESS CORPORATION.Certificate of Service.(BOVARD, KEVIN) |
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Filing 54
ORDER granting #52 MOTION TO PERMIT SUPPLEMENTAL REPLY BRIEF ON CLAIM CONSTRUCTION WITH SUBSTANTIVE BRIEF, WHICH IS UNOPPOSED BY DEFENDANT RIO BRANDS INC. PLAINTIFF'S SUPPLEMENTAL CLAIM CONSTRUCTION BRIEFING SHALL BE CONSIDERED AND THE DEFENDANT HAS UNTIL MARCH 22, 2019 TO FILE A FURTHER RESPONSE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 03/19/2019.03/19/2019 ENTERED AND COPIES MAILED AND E-MAILED.(lds, )
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Filing 53
ORDER **FILED IN ERROR PER CHAMBERS** WILL REISSUE (lds, ) Modified on 3/19/2019 (nd, ).
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| Filing 52 MOTION to Permit Supplemental Reply Brief on Claim Construction with Substantive Brief filed by DELTESS CORPORATION.Certificate of Service.(LEVIN, GARY) Modified on 3/19/2019 (nd, ). |
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Filing 51
ORDER THAT MAGISTRATE JUDGE DAVID STRAWBRIDGE SHALL CONTACT COUNSEL AS TO WHETHER SETTLEMENT DISCUSSIONS HAVE TAKEN PLACE AND TO SCHEDULE A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/11/19. 3/12/19 ENTERED AND COPIES FAXED AND E-MAILED.(mbh, )
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| Filing 50 Reply Claim Construction Brief by RIO BRANDS, INC. by RIO BRANDS, INC. Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (POLLACK, JEFFREY) Modified on 3/11/2019 (lisad, ). |
| Filing 49 Reply Brief on Claim Construction by DELTESS CORPORATION. Certificate of Service. (LEVIN, GARY) Modified on 3/11/2019 (lisad, ). |
| Filing 48 Opening Claim Construction Brief by RIO BRANDS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (POLLACK, JEFFREY) Modified on 2/25/2019 (lisad, ). |
| Filing 47 Opening Brief on Claim Construction by DELTESS CORPORATION. Certificate of Service. (LEVIN, GARY) Modified on 2/25/2019 (lisad, ). |
| Filing 46 Statement Joint Claim Construction Chart by DELTESS CORPORATION. (LEVIN, GARY) |
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Filing 45
SCHEDULING ORDER: THE JOINT REQUEST FOR BIFURCATION IS GRANTED. FACT DISCOVERY SHALL BE COMPLETED BY 4/12/2019. DISPOSITIVE MOTIONS SHALL BE FILED BY BY 5/1/2019. DATE FOR THE TRIAL POOL IS 7/15/2019. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/10/19. 1/14/19 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 44 NOTICE of Withdrawal of Appearance by HENRIK D. PARKER on behalf of DELTESS CORPORATION(PARKER, HENRIK) |
| Filing 43 Minute Entry for Telephone Conference held on 1/8/19 before Judge Baylson (mbh, ) |
| Filing 42 NOTICE of Withdrawal of Appearance by GARY H. LEVIN on behalf of DELTESS CORPORATION. (FILED IN ERROR; ATTORNEY WITHDRAWING APPEARANCE MUST FILE ON OWN BEHALF). (LEVIN, GARY) Modified on 1/9/2019 (fb). |
| Filing 41 NOTICE of Appearance by KEVIN M. BOVARD on behalf of DELTESS CORPORATION with Certificate of Service(BOVARD, KEVIN) |
| Filing 40 NOTICE by RIO BRANDS, INC. re #36 Notice of Filing of Official Transcript [DEFENDANTS NOTICE REQUESTING REDACTIONS] (POLLACK, JEFFREY) |
| Filing 39 NOTICE of Hearing: TELEPHONE CONFERENCE (RE: REDACTION REQUEST) SET FOR 1/8/2019 03:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THIS TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) |
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Filing 38
ORDER THAT PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION IS DENIED WITHOUT PREJUDICE; PLAINTIFFS UNOPPOSED MOTION TO FILE DOCUMENTS UNDER SEAL (ECF #6 ) IS GRANTED; AND THE DOCUMENTS IDENTIFIED IN THAT MOTION SHALL REMAIN SEALED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/21/18. 12/21/18 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 37 MEMORANDUM RE: MOTION FOR PRELIMINARY INJUNCTION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/21/18. 12/21/18 ENTERED AND COPIES E-MAILED. (va, ) |
| Filing 36 Notice of Filing of Official Transcript with Certificate of Service re #35 Transcript - PDF, 12/11/2018 Entered and Copies Emailed. (sg, ) |
| Filing 35 TRANSCRIPT of ORAL ARGUMENTS held on 11/19/2018, before Judge MICHAEL M. BAYLSON. Court Reporter/Transcriber NEAL GROSS & CO.. 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.. Redaction Request due 12/31/2018. Redacted Transcript Deadline set for 1/10/2019. Release of Transcript Restriction set for 3/10/2019. (sg, ) |
| Filing 34 Minute Entry for Oral Argument held on 11/19/18 before Judge Baylson. Court Reporter: ESR. (mbh, ) |
| Filing 33 ANSWER to #26 Answer to Complaint, Counterclaim by DELTESS CORPORATION.(LEVIN, GARY) |
| Filing 32 Supplemental Reply in Support of Motion for Preliminary Injunction, Certificate of Service. (FILED UNDER SEAL)(mbh, ) (fb, ). |
| Filing 31 RESPONSE in Support re #4 MOTION for Preliminary Injunction Supplemental Reply in Support ofMotion for Preliminary Injunction filed by DELTESS CORPORATION. (Attachments: #1 Attachment A to Supplemental Reply, #2 Attachment B to Supplemental Repy, #3 Declaration Supplemental Declaration of David D'Alessandro, #4 Exhibit A to Supplemental Declaration of David D'Alessandro, #5 Exhibit B to Supplemental Declaration of David D'Alessandro, #6 Exhibit C to Supplemental Declaration of David D'Alessandro, #7 Exhibit D to Supplemental Declaration of David D'Alessandro)(LEVIN, GARY) |
| Filing 30 Defendant RIO BRANDS INC's Supplemental Brief in Opposition to Plaintiff's Motion for Preliminary Injunction and Exhibits (FILED UNDER SEAL) (mbh, ) (Additional attachment(s) added on 10/30/2018: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3) (fb, ). |
| Filing 29 Redacted Supplemental Brief in Opposition re #4 MOTION for Preliminary Injunction [SUPPLEMENTAL] filed by RIO BRANDS, INC. (Attachments: #1 Exhibit 1 to Defendant's Supplemental Opposition to Motion for Preliminary Injunction, #2 Exhibit 2 Second Declaration of Ira Cohen in Support of Defendant's Opposition to Motion for Preliminary Injunction, #3 Exhibit A to Second Declaration of Ira Cohen in Support of Defendant's Opposition to Motion for Preliminary Injunction, #4 Exhibit B to 2 Second Declaration of Ira Cohen in Support of Defendant's Opposition to Motion for Preliminary Injunction, #5 Exhibit 3 to Defendant's Supplemental Opposition to Motion for Preliminary Injunction)(POLLACK, JEFFREY) Modified on 10/31/2018 (tjd). |
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Filing 28
ORDER THAT THE JOINT MOTION TO FILE DOCUMENTS UNDER SEAL IS GRANTED. RIO'S SUPPLEMENTAL RESPONSE TO DELTESS' MOTION FOR PRELIMINARY INJUNCTION AND ALL EVIDENTIARY MATERIALS DUE 10/26/18. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/25/18. 10/26/18 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 27 Joint MOTION to Seal Document filed by RIO BRANDS, INC..Memorandum. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(POLLACK, JEFFREY) |
| Filing 26 ANSWER to #1 Complaint AFFIRMATIVE DEFENSES AND, COUNTERCLAIM against DELTESS CORPORATION by RIO BRANDS, INC.. (Attachments: #1 Exhibit A)(POLLACK, JEFFREY) |
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Filing 25
STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT RIO BRANDS, INC. TO RESPOND TO PLAINTIFF'S COMPLAINT IS EXTENDED TO 10/22/2018. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/16/18. 10/17/18 ENTERED AND COPIES E-MAILED.(mbh, ).
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Filing 24
ORDER THAT DEFENDANT SHALL RESPOND TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION NO LATER THAN 10/26/18. THE COURT WILL SCHEDULE A HEARING FOR 11/19/18 AT 9:00 AM IN COURTROOM 3A. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/16/18. 10/17/18 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 23 Minute Entry for Telephone Conference held on 10/16/18 before Judge Baylson. (mbh, ) |
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Filing 22
STIPULATION and Order for Extention of Time to Respond to Plaintiff's Complaint by RIO BRANDS, INC.. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL). (POLLACK, JEFFREY) Modified on 10/16/2018 (fb).
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| Filing 21 Minute Entry for Telephone Conference held on 10/12/18 before Judge Baylson. (mbh, ) |
| Filing 20 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 10/16/2018 11:30 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) |
| Filing 19 RESPONSE in Support re #9 MOTION for Preliminary Injunction filed by DELTESS CORPORATION. (LEVIN, GARY) |
| Filing 18 *AMENDED* NOTICE of Hearing (new date/time): TELEPHONE CONFERENCE (ON-THE-RECORD) RESCHEDULED FOR 10/12/2018 02:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) |
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Filing 17
ORDER THAT THE APPLICATION OF ANTHONY J. FITZPATRICK, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/10/18. 10/10/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Main Document 17 replaced on 10/10/2018) (mbh, ).
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Filing 16
ORDER THAT THE APPLICATION OF CAROLYN A. ALENCI, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/10/18. 10/10/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
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| Filing 15 NOTICE of Hearing: TELEPHONE CONFERENCE (ON THE RECORD) SET FOR 10/11/2018 11:30 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(lds, ) |
| Filing 14 Application for Admission Pro Hac Vice of ANTHONY J. FITZPATRICK by RIO BRANDS, INC., Certificate of Service. (fee paid on 10/9/18) (mbh, ) |
| Filing 13 Application for Admission Pro Hac Vice of CAROLYN A. ALENCI, ESQUIRE filed by RIO BRANDS, INC., Certificate of Service. (fee paid on 10/9/18) (mbh, ) |
| Filing 12 RESPONSE to Motion re #6 MOTION TO FILE DOCUMENTS UNDER SEAL filed by RIO BRANDS, INC.. (POLLACK, JEFFREY) |
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Filing 11
ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE GENE E.K. PRATTER TO THE CALENDAR OF THE HONORABLE MICHAEL M. BAYLSON. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/5/18. 10/5/18 ENTERED AND COPIES E-MAILED.(mbh, )
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| Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by RIO BRANDS, INC.(SEE PAPER #10 FOR PDF)(md) |
| Filing 10 Statement of Corporate Disclosure by RIO BRANDS, INC.. (Attachments: #1 Certificate of Service COS)(POLLACK, JEFFREY) |
| Filing 9 RESPONSE TO MOTION for Preliminary Injunction filed by RIO BRANDS, INC..Brief in Opposition to Motion for Preliminary Injunction. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Text of Proposed Order Proposed Order, #6 Certificate of Service COS)(POLLACK, JEFFREY) Modified on 10/5/2018 (rab, ). |
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Filing 8
ORDER THAT DEFENDANT RIO BRANDS INC. SHALL RESPOND TO PLAINTIFF'S MOTION TO FILE DOCUMENTS UNDER SEAL BY 10/5/18. SIGNED BY HONORABLE GENE E.K. PRATTER ON 9/26/18. 9/27/18 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mbh, )
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| Filing 7 AFFIDAVIT of Service by Michael Doyle re: served Summons and Complaint upon Nancy Galonski by Personal on 9/24/208 (LEVIN, GARY) |
| Filing 6 PLAINTIFF'S MOTION FILED UNDER SEAL.(mbh, ) (Additional attachment(s) added on 9/21/2018: #1 Memorandum, #2 Declaration Tesser, #3 Declaration D'Alessandro, #4 Certificate of Service, #5 Text of Proposed Order) (fb, ). |
| Filing 5 NOTICE of Appearance by HENRIK D. PARKER on behalf of DELTESS CORPORATION with Certificate of Service(PARKER, HENRIK) |
| Filing 4 MOTION for Preliminary Injunction filed by DELTESS CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Memorandum filed under seal, #2 Text of Proposed Order, #3 Declaration Parker, #4 Declaration Tesser- filed under seal, #5 Declaration D'Alessandro- filed under seal, #6 Certificate of Service)(LEVIN, GARY) |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 by DELTESS CORPORATION.(ahf) |
| Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 6,854,807 B2. (ahf) |
| Filing 1 COMPLAINT against RIO BRANDS, INC. ( Filing fee $ 400 receipt number 184831.), filed by DELTESS CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(ahf) |
| Summons Issued as to RIO BRANDS, INC.. 1 Forwarded To: Counsel on 9/17/2018 (ahf) |
| DEMAND for Trial by Jury by DELTESS CORPORATION. (ahf, ) |
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