Ningbo Futai Electric Limited v. QVC, Inc.
| QVC INC |
| Ningbo Futai Electric Limited |
| 2:2023cv01768 |
| May 8, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| KAI N SCOTT |
| Property Rights: Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 Case transferred in from District of California Central; Case Number 5:22-cv-02015. Original file certified copy of transfer order and docket sheet received. |
| Filing 43 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: DEFENDANT'S MOTION TO TRANSFER AND MOTION FOR JUDGMENT ON THE PLEADINGS #28 , #29 . Defendants motion to transfer the case to the United States District Court for the Eastern District of Pennsylvania is granted. The Court directs the Clerk to effect the transfer and close the case pending in this district. In the interest of comity, the Court declines to adjudicate Defendants motion for judgment on the pleadings in order to give the transferee court the opportunity to resolve themotion. (Entire case electronically sent to USDC Eastern Pennyslvania on 5/8/2023). MD JS-6. Case Terminated.. (lc) [Transferred from California Central on 5/9/2023.] |
| Filing 42 TRANSCRIPT ORDER as to defendant QVC, Inc. for Court Reporter. Court will contact Elizabeth Rubio at erubio@fmglaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 41 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE Motion to Transfer to the Eastern District of Pennsylvania #28 and Motion for Judgment on the Pleadings #29 . Counsel address the Court. The Court takes the Motions UNDER SUBMISSION and a ruling will be issued. Court Recorder: CourtSmart. (lc) Modified on 4/17/2023 (lc). [Transferred from California Central on 5/9/2023.] |
| Filing 40 REPLY in support of Defendant QVC, Inc.'s Motion for Judgement on the Pleadings filed by Defendant QVC, Inc.. (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
Filing 39
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE STIPULATION to Continue Hearing on Motions for Transfer of Venue and For Judgment on the Pleading #37 . The stipulation is DENIED. The parties fail to explain in any detail why they are unable to adhere to the Court's standard briefing schedule. At this time, the hearing for the motions will remain set for April 17, 2023. (lc) [Transferred from California Central on 5/9/2023.]
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| Filing 38 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to on the pleadings #29 filed by Plaintiff Ningbo Futai Electric Limited. (Chen, Alan) [Transferred from California Central on 5/9/2023.] |
| Filing 37 Joint STIPULATION to Continue Hearing on Motions for Transfer of Venue and For Judgment on the Pleading from 04/17/2023 to 05/15/20223 filed by Plaintiff Ningbo Futai Electric Limited. (Attachments: #1 Proposed Order [Proposed] Order Granting Joint Stipulation for Continuance of Hearing on Motions for Transfer of Venue and for Judgment on the Pleading)(Chen, Alan) [Transferred from California Central on 5/9/2023.] |
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Filing 36
ORDER DENYING REQUEST for Leave of John Zaccaria and Brian J. Doyle to Appear Telephonically at scheduling conference on 4/3/2023 10:00 AM filed by defendant QVC, Inc #31 by Judge Mark C. Scarsi. (lc) Modified on 3/22/2023 (lc). [Transferred from California Central on 5/9/2023.]
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Filing 35
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on April 3, 2023 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) [Transferred from California Central on 5/9/2023.]
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| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Filer bypassed the party for whom document was filed. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) [Transferred from California Central on 5/9/2023.] |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: REQUEST for Leave of John Zaccaria and Brian J. Doyle to Appear for Telephonically #31 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Proposed document was not submitted or was not submitted as a separate attachment. 1) Proposed order e-filed within the request as one pdf document, instead of submitting it as a SEPARATE ATTACHMENT to the main document. 2) Filer Erroneous set the request on Judge's Motion calendar for hearing on 4/3/2023 10:00 AM. (no hearing is required for the format used, nor does it appear on the pdf documents) In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) [Transferred from California Central on 5/9/2023.] |
| Filing 32 Joint Rule 26(f) Report (Chen, Alan) [Transferred from California Central on 5/9/2023.] |
| Filing 31 REQUEST for Leave of John Zaccaria and Brian J. Doyle to Appear for Telephonically filed by defendant QVC, Inc.. Request set for hearing on 4/3/2023 at 10:00 AM before Judge Mark C. Scarsi. (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 30 DECLARATION of Allie Bradley in support of Mtn to Transfer NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of Pennsylvania #28 filed by Defendant QVC, Inc.. (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 29 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to on the pleadings filed by Defendant QVC, Inc.. Motion set for hearing on 4/17/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum, #2 Declaration) (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 28 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of Pennsylvania filed by Defendant QVC, Inc.. Motion set for hearing on 4/17/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum ISO Def's Mtn for Transfer, #2 Declaration Decl of Doyle ISO Mtn for Transfer) (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 27 ANSWER to Counterclaim filed by Counterclaim Defendant Ningbo Futai Electric Limited.(Chen, Alan) [Transferred from California Central on 5/9/2023.] |
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Filing 26
ORDER by Judge Mark C. Scarsi: granting #24 Non-Resident Attorney Brian J. Doyle APPLICATION to Appear Pro Hac Vice on behalf of QVC, Inc, designating John K Rubiner as local counsel. (lom) [Transferred from California Central on 5/9/2023.]
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| Filing 25 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Brian J. Doyle to Appear Pro Hac Vice on behalf of Defendant QVC, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34786328) #24 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Reassignment, dated 12/6/22, Dkt. 13. (lt) [Transferred from California Central on 5/9/2023.] |
| Filing 24 APPLICATION of Non-Resident Attorney Brian J. Doyle to Appear Pro Hac Vice on behalf of Defendant QVC, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34786328) filed by defendant QVC, Inc.. (Attachments: #1 Proposed Order) (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| COUNTERCLAIM against Ningbo Futai Electric Limited filed by counter claimant QVC, Inc. (efiled as one pdf document with Amended Answer See docket no. 22). (lc) [Transferred from California Central on 5/9/2023.] |
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 4/3/2023 at 10:00 AM before Judge Mark C. Scarsi. (smo) [Transferred from California Central on 5/9/2023.]
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| Filing 22 AMENDED ANSWER filed by Defendant QVC, Inc.. (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND , COUNTERCLAIM against Ningbo Futai Electric Limited filed by Defendant QVC, Inc..(Rubiner, John) [Transferred from California Central on 5/9/2023.] |
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Filing 20
ORDER GRANTING APPLICATION of Non-Resident Attorney John Zaccaria to Appear Pro Hac Vice on behalf of Defendant QVC, Inc. and designating John K. Rubiner as local counsel #19 by Judge Mark C. Scarsi. (lc) [Transferred from California Central on 5/9/2023.]
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| Filing 19 APPLICATION of Non-Resident Attorney John Zaccaria to Appear Pro Hac Vice on behalf of Defendant QVC, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/13/2023, Receipt No. 34617200) filed by defendant QVC, Inc.. (Attachments: #1 Proposed Order) (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 18 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney John Zaccaria to Appear Pro Hac Vice on behalf of Defendant QVC, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/13/2023, Receipt No. 34617200) #17 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Reassignment, dated 12/6/22, Dkt. 13. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) [Transferred from California Central on 5/9/2023.] |
| Filing 17 APPLICATION of Non-Resident Attorney John Zaccaria to Appear Pro Hac Vice on behalf of Defendant QVC, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/13/2023, Receipt No. 34617200) filed by defendant QVC, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to QVC, Inc. answer now due 2/6/2023, filed by defendant QVC, Inc..(Attorney John K Rubiner added to party QVC, Inc.(pty:dft))(Rubiner, John) [Transferred from California Central on 5/9/2023.] |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Ningbo Futai Electric Limited, upon Defendant QVC, Inc. served on 12/16/2022, answer due 1/6/2023. Service of the Summons and Complaint were executed upon Michael Deveau, Agent of Process Service in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Chen, Alan) [Transferred from California Central on 5/9/2023.] |
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Filing 14
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) [Transferred from California Central on 5/9/2023.]
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Filing 13
NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Sunshine Suzanne Sykes. Case transferred from Magistrate Judge Kenly Kiya Kato and Judge Sunshine Suzanne Sykes to Judge Mark C. Scarsi and Magistrate Judge Rozella A. Oliver for all further proceedings. Case number now reads 5:22-cv-02015-MCS(RAOx). (ap) [Transferred from California Central on 5/9/2023.]
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Filing 12
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva) [Transferred from California Central on 5/9/2023.]
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| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Certificate/Notice of Interested Parties #9 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): The case number is missing the judge initials. The complete case number is 5:22-cv-02015-SSS (KKx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) [Transferred from California Central on 5/9/2023.] |
| Filing 10 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Ningbo Futai Electric Limited. (Chen, Alan) [Transferred from California Central on 5/9/2023.] |
| Filing 9 CERTIFICATE of Interested Parties filed by Plaintiff Ningbo Futai Electric Limited, identifying Ningbo Futai Electric Limited and QVC, Inc.. (Chen, Alan) [Transferred from California Central on 5/9/2023.] |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): Attachment 11 Civil Cover Sheet should be e-filed separately. The correct event category is located under Civil Events - Other Filings - Miscellaneous Filings. (car) [Transferred from California Central on 5/9/2023.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant QVC, Inc. (car) [Transferred from California Central on 5/9/2023.] |
| Filing 6 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (car) [Transferred from California Central on 5/9/2023.] |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 5/9/2023.] |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 5/9/2023.] |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (car) [Transferred from California Central on 5/9/2023.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Ningbo Futai Electric Limited. (Chen, Alan) [Transferred from California Central on 5/9/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-34321860 - Fee: $402, filed by Plaintiff Ningbo Futai Electric Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet Civil Cover Sheet) (Attorney Alan C Chen added to party Ningbo Futai Electric Limited(pty:pla))(Chen, Alan) [Transferred from California Central on 5/9/2023.] |
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| Counter defendant: Ningbo Futai Electric Limited | |
| Represented By: | Alan C Chen |
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| Defendant: QVC INC | |
| Represented By: | Brian J. Doyle |
| Represented By: | John Zaccaria |
| Represented By: | John K Rubiner |
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