Kirsch Research and Development LLC v. Continental Materials Inc
Plaintiff: KIRSCH RESEARCH AND DEVELOPMENT, LLC
Defendant: CONTINENTAL MATERIALS, INC.
Case Number: 2:2020cv04033
Filed: August 18, 2020
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: NITZA I QUINONES ALEJANDRO
Nature of Suit: Property Rights: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2020 Filing 57 PLAINTIFF KIRSCH RESEARCH AND DEVELOPMENT, LLCS SURREPLY IN RESPONSE TO DEFENDANT CONTINENTAL MATERIALS, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(6) WITH CERTIFICATE OF SERVICE filed by KIRSCH RESEARCH AND DEVELOPMENT, LLC. (jaa, )
October 14, 2020 Opinion or Order Filing 56 ORDERED THAT THE MOTION IS GRANTED, AND THE SUR-REPLY ATTACHED TO THE UNDERLYING MOTION AS EXHIBIT 1 SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/14/20.10/14/20 ENTERED AND COPIES E-MAILED.(jaa, )
October 13, 2020 Filing 55 MOTION for Leave to File a Surreply in Response to Defendant Continental Materials, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(6) filed by KIRSCH RESEARCH AND DEVELOPMENT, LLC.Memorandum, and Certificate of Service. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(WANG, BENJAMIN)
October 9, 2020 Filing 54 DEFENDANT CONTINENTAL MATERIALS, INC.S REPLY IN SUPPORT OF ITSMOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(6) filed by CONTINENTAL MATERIALS, INC. (jaa, )
October 9, 2020 Opinion or Order Filing 53 ORDERED THAT THE MOTION IS GRANTED, AND THE REPLY ATTACHED TO THE UNDERLYING MOTION AS EXHIBIT 1 SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/9/20.10/9/20 ENTERED AND COPIES E-MAILED.(jaa, )
October 8, 2020 Filing 52 MOTION for Leave to File a Reply Brief in Support of its Motion to Dismiss filed by CONTINENTAL MATERIALS, INC..Memorandum, Certificate of Service. (Attachments: #1 Brief Proposed Reply)(MILLER, RYAN)
October 1, 2020 Filing 51 RESPONSE to Motion re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice filed by KIRSCH RESEARCH AND DEVELOPMENT, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(WANG, BENJAMIN)
September 17, 2020 Filing 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice filed by CONTINENTAL MATERIALS, INC..Brief, Certificate of Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(MILLER, RYAN)
September 15, 2020 Filing 48 NOTICE of Appearance by AUSTEN C. ENDERSBY on behalf of CONTINENTAL MATERIALS, INC. with Certificate of Service(ENDERSBY, AUSTEN)
September 15, 2020 Filing 47 NOTICE of Appearance by JEFF E. SCHWARTZ on behalf of CONTINENTAL MATERIALS, INC. with Certificate of Service(SCHWARTZ, JEFF)
September 14, 2020 Filing 49 NOTICE of Withdrawal of Appearance by Andy Nikolopoulos on behalf of CONTINENTAL MATERIALS, INC.(tjd)
September 10, 2020 Filing 46 NOTICE by CONTINENTAL MATERIALS, INC. of Withdrawal of Appearance of Andy Nikolopoulos (MILLER, RYAN)
September 9, 2020 Filing 45 NOTICE of Appearance by ANDREW DAVID WEISS on behalf of KIRSCH RESEARCH AND DEVELOPMENT, LLC (WEISS, ANDREW)
August 31, 2020 Opinion or Order Filing 44 ORDER THAT THE PRO HAC VICE MOTION FILED BY AUSTEN C. ENDERSBY, ESQ. REQUESTING PERMISSION TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) #41 IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/28/20. 8/31/20 ENTERED & E-MAILED. COPIES NOT MAILED TO ATTYS. ECF APPLICATION NOT MAILED TO ENDERSBY. (fdc)
August 31, 2020 Opinion or Order Filing 43 ORDER THAT THE PRO HAC VICE MOTION FILED BY JEFFREY E. SCHWARTZ, ESQ. REQUESTING PERMISSION TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) #41 IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/28/20. 8/31/20 ENTERED & E-MAILED. COPIES NOT MAILED TO ATTYS. ECF APPLICATION NOT MAILED TO SCHWARTZ. (fdc)
August 31, 2020 DOCS. 37, 40, 43, AND 44 MAILED TO ATTORNEYS WITHOUT EMAIL ADDRESS WITH ECF APPLICATION. (sg, )
August 27, 2020 Filing 42 APPLICATION for Admission Pro Hac Vice of Austen C. Endersby by CONTINENTAL MATERIALS, INC.. ( Filing fee $ 40 receipt number 0313-14526272.). (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(MILLER, RYAN)
August 27, 2020 Filing 41 APPLICATION for Admission Pro Hac Vice of Jeff E. Schwartz by CONTINENTAL MATERIALS, INC.. ( Filing fee $ 40 receipt number 0313-14526195.). (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(MILLER, RYAN)
August 26, 2020 Opinion or Order Filing 40 ORDERED THAT THE MOTION IS GRANTED, AND ELIZABETH L. DERIEUXS APPEARANCE ON BEHALF OF PLAINTIFF IS WITHDRAWN. THE CLERK OF COURT IS DIRECTED TO REMOVE ELIZABETH L. DERIEUX FROM THE LIST FOR CM/ECF NOTICES IN THIS MATTER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/26/20.8/26/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL.(jaa, ) (Main Document 40 replaced on 8/26/2020) (jaa, ).
August 25, 2020 Filing 39 Consent MOTION to Withdraw as Attorney filed by KIRSCH RESEARCH AND DEVELOPMENT, LLC.Certificate of Service. (Attachments: #1 Text of Proposed Order)(WOLSKI, THOMAS)
August 25, 2020 Filing 38 NOTICE of Appearance by THOMAS C. WOLSKI on behalf of KIRSCH RESEARCH AND DEVELOPMENT, LLC (WOLSKI, THOMAS)
August 24, 2020 Opinion or Order Filing 37 ORDERED THAT THE MOTION IS GRANTED. ACCORDINGLY, DEFENDANT SHALL HAVE UNTILSEPTEMBER 17, 2020, TO ANSWER OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/24/20.8/24/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL.(jaa, )
August 24, 2020 Filing 36 Consent MOTION for Extension of Time to File Answer re #31 Amended Complaint,, Or Otherwise Respond filed by CONTINENTAL MATERIALS, INC..Certificate of Counsel, Certificate of Service.(MILLER, RYAN)
August 19, 2020 Filing 35 NOTICE of Appearance by RYAN NORTH MILLER on behalf of CONTINENTAL MATERIALS, INC. with Certificate of Service(MILLER, RYAN)
August 19, 2020 Filing 34 Case transferred in from District of Texas Northern; Case Number 3:20-cv-01025. Original file certified copy of transfer order and docket sheet received.
August 17, 2020 Opinion or Order Filing 33 ELECTRONIC ORDER TRANSFERRING TO ANOTHER DISTRICT: Before the Court is the Parties' Stipulation to transfer case to the Eastern District of Pennsylvania [Doc. No. 32]. Therefore, this case is hereby TRANSFERRED to the Eastern District of Pennsylvania. Defendant's Motion to Dismiss is DENIED as moot. (Ordered by Judge Ed Kinkeade on 8/17/2020) (chmb) Modified on 8/17/2020 (chmb). [Transferred from Texas Northern on 8/19/2020.]
August 17, 2020 Filing 32 Joint STIPULATION to Transfer Case to the Eastern District of Pennsylvania by Kirsch Research and Development LLC. (Attachments: #1 Proposed Order) (Wang, Benjamin) [Transferred from Texas Northern on 8/19/2020.]
August 17, 2020 Filing 31 AMENDED COMPLAINT WITH JURY DEMAND for Patent Infringement against Continental Materials Inc filed by Kirsch Research and Development LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Wang, Benjamin) [Transferred from Texas Northern on 8/19/2020.]
July 27, 2020 Filing 30 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Continental Materials Inc. (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
July 27, 2020 Filing 29 Appendix in Support filed by Continental Materials Inc re #28 Brief/Memorandum in Support of Motion to Dismiss (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
July 27, 2020 Filing 28 Brief/Memorandum in Support filed by Continental Materials Inc re #27 MOTION to Dismiss (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
July 27, 2020 Filing 27 MOTION to Dismiss filed by Continental Materials Inc (Attachments: #1 Exhibit(s)) (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
July 27, 2020 Filing 26 NOTICE of Attorney Appearance by Andy Nikolopoulos for Jeff Schwartz and Austen Endersby on behalf of Continental Materials Inc. (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Opinion or Order Filing 25 ELECTRONIC ORDER granting #24 Motion for Extension of Time to File Answer or Respond. Continental Materials Inc answer or response due 7/27/2020. (Ordered by Judge Ed Kinkeade on 6/16/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
June 16, 2020 Filing 24 Second Motion for Extension of Time to File Answer or Respond filed by Continental Materials Inc (Attachments: #1 Proposed Order) (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
May 20, 2020 Opinion or Order Filing 23 ELECTRONIC ORDER granting Applications for Admission Pro Hac Vice for K. Andrew Kent, Jonathan Ma, and Theresa M. Troupson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g) in case 3:20-cv-01024-K; 3:20-cv-01025-K; 3:20-cv-01028-K; 3:20-cv-01029-K; and in case 3:20-cv-01030-K. (Ordered by Judge Ed Kinkeade on 5/20/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
May 20, 2020 Opinion or Order Filing 22 ELECTRONIC ORDER granting Application for Admission Pro Hac Vice of Amy E. Hayden. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g) in case 3:20-cv-01024-K; 3:20-cv-01025-K; 3:20-cv-01028-K; 3:20-cv-01029-K; and in case 3:20-cv-01030-K. (Ordered by Judge Ed Kinkeade on 5/20/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
May 19, 2020 Filing 21 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Theresa M. Troupson (Filing fee $100; Receipt number 0539-10850484) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
May 19, 2020 Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan Ma (Filing fee $100; Receipt number 0539-10850482) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
May 19, 2020 Filing 19 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney K. Andrew Kent (Filing fee $100; Receipt number 0539-10850478) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
May 19, 2020 Filing 18 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Amy E. Hayden (Filing fee $100; Receipt number 0539-10850474) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
May 18, 2020 Opinion or Order Filing 17 ELECTRONIC ORDER granting #16 Unopposed Motion to Extend Time for Defendant to Answer or Respond. Continental Material Inc.'s answer or response due no later than 6/25/2020. (Ordered by Judge Ed Kinkeade on 5/18/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
May 18, 2020 Filing 16 Unopposed MOTION to Extend Time For Defendant to Answer or Respond filed by Continental Materials Inc (Attachments: #1 Proposed Order)Attorney Andy Nikolopoulos added to party Continental Materials Inc(pty:dft) (Nikolopoulos, Andy) [Transferred from Texas Northern on 8/19/2020.]
May 11, 2020 Filing 15 SUMMONS Returned Executed as to Continental Materials Inc ; served on 5/4/2020. (Wang, Benjamin) [Transferred from Texas Northern on 8/19/2020.]
May 4, 2020 Filing 14 NOTICE of Attorney Appearance by Marc A Fenster on behalf of Kirsch Research and Development LLC. (Filer confirms contact info in ECF is current.) (Fenster, Marc) [Transferred from Texas Northern on 8/19/2020.]
May 4, 2020 Opinion or Order Filing 13 ELECTRONIC ORDER granting (11) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01024-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01025-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01028-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01029-K; granting (12) Application for Admission Pro Hac Vice of Benjamin T. Wang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). in case 3:20-cv-01030-K (Ordered by Judge Ed Kinkeade on 5/4/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
May 1, 2020 Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Benjamin T. Wang (Filing fee $100; Receipt number 0539-10809314) filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 29, 2020 Opinion or Order Filing 11 ELECTRONIC ORDER granting (9) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01024-K; granting (9) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01025-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01028-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01029-K; granting (10) Motion for Leave to Proceed Without Local Counsel in case 3:20-cv-01030-K. The Court may at anytime require Plaintiff to designate local counsel. (Ordered by Judge Ed Kinkeade on 4/29/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
April 29, 2020 Opinion or Order Filing 10 ORDER REASSIGNING CASE. This case is hereby TRANSFERRED to the docket of the Honorable Ed Kinkeade. All future pleadings shall subsequently be filed under Civil Action No. 3:20-cv-01025-K. (Ordered by Chief Judge Barbara M. G. Lynn on 4/29/2020) (chmb) [Transferred from Texas Northern on 8/19/2020.]
April 28, 2020 Filing 9 MOTION for Leave to Proceed Without Local Counsel filed by Kirsch Research and Development LLC (Attachments: #1 Proposed Order) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 27, 2020 Chief Judge Barbara M. G. Lynn added as presiding judge per Special Order 3-287. Judge Karen Gren Scholer no longer assigned to the case. (ctf) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 8 Summons Issued as to Continental Materials Inc. (hml) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 7 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (hml) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 6 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (hml) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 5 Request for Clerk to issue Summons filed by Kirsch Research and Development, LLC. (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 4 NOTICE of Report on the Filing or Determination of an Action Regarding a Patent or Trademark filed by Kirsch Research and Development, LLC. (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 3 NOTICE of Related Case filed by Kirsch Research and Development, LLC (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kirsch Research and Development, LLC. (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 Filing 1 COMPLAINT WITH JURY DEMAND against Continental Materials, Inc. filed by Kirsch Research and Development, LLC. (Filing fee $400; Receipt number 0539-10792678) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Cover Sheet) (DeRieux, Elizabeth) [Transferred from Texas Northern on 8/19/2020.]
April 24, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Apr 24 16:22:04 CDT 2020 (crt) [Transferred from Texas Northern on 8/19/2020.]

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Search for this case: Kirsch Research and Development LLC v. Continental Materials Inc
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Defendant: CONTINENTAL MATERIALS, INC.
Represented By: Andy Nikolopoulos
Represented By: Austen C Endersby
Represented By: Jeff E Schwartz
Represented By: RYAN NORTH MILLER
Represented By: AUSTEN C. ENDERSBY
Represented By: JEFF E. SCHWARTZ
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Plaintiff: KIRSCH RESEARCH AND DEVELOPMENT, LLC
Represented By: THERESA M. TROUPSON
Represented By: BENJAMIN T. WANG
Represented By: MARC A. FENSTER
Represented By: JONATHAN MA
Represented By: MATTHEW D. AICHELE
Represented By: Elizabeth L DeRieux
Represented By: AMY E. HAYDEN
Represented By: K. ANDREW KENT
Represented By: ANDREW DAVID WEISS
Represented By: THOMAS C. WOLSKI
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