MCS Industries Inc. v. ALDI INC.
| MCS Industries Inc. |
| ALDI INC. |
| 5:2021cv03828 |
| August 27, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| JEFFREY L SCHMEHL |
| Property Rights: Patent |
| 35 U.S.C. ยง 271 |
| Both |
Docket Report
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This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 ANSWER to Complaint together with To Complaint with Affirmative Defenses and Counterclaims , COUNTERCLAIM against MCS Industries Inc. by ALDI INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(GILLY, RICHARD) |
| Filing 10 NOTICE of Appearance by TREVOR J. COONEY on behalf of ALDI INC. with Certificate of Service(COONEY, TREVOR) |
| Filing 9 AFFIDAVIT of Service by Sandra Quinones re: served Summons and Complaint upon Donna Moch by Personal on 09/01/2021 (LENTZ, GAVIN) |
Filing 8
STIPULATION AND ORDER OF 9/22/21 THAT THE DEFENDANT'S TIME TO ANSWER PLAINTFF'S COMPLAINT IS HEREBY EXTENDED UNTIL OCTOBER 25, 2021. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/22/21. 9/22/21 ENTERED AND COPIES E-MAILED. (DT)
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| A COPY OF DOC. NO. #6 WAS MAILED TO UNREP ON 9/15/21. (amas, ) |
| Filing 7 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL. A Telephone Conference was held on 9/7/21 Not on the record. (DT) |
| The sum of $ 5000 deposited into the Registry of the Court. (sbt, ) |
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Filing 6
ORDER FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF OF 9/7/21 THAT UPON CONSIDERATION OF THE PLAINTFF'S VERIFIED COMPLAINT AND MOTION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF PURSUANT TO FRCP 65, IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: DEFENDANT WAS GIVEN WRITTEN NOTICE OF THE BASIS FOR PLAINTIFF'S REQUEST FOR EMERGENCY INJUNCTIVE RELIEF ON AUGUST 27, 2021, VIA E-MAIL. A REVIEW OF THE VERIFIED ALLEGATIONS IN PLAINTFF'S COMPLAINT DEMONSTRATES THAT PLAINTIFF HAS SHOWN A LIKELIHOOD OF SUCCESS ON THE MERITS AND THAT PLAINTIFF WILL BE IRREPARABLY HARMED UNLESS DEFENDANT IS ENJOINED FROM SELLING THE ACCUSED PRODUCT, WHICH INFRINGES ON PLAINTFF'S UNITED STATES PATENT NO. 10,959,546 AND UNITED STATES PATENT NO. 11,033,125 (COLLECTIVELY, "THE PATENTS-IN-SUIT"), ON BALANCE, THE GRANTING OF THE REQUEST FOR INJUNCTIVE RELIEF WILL NOT RESULT IN ANY SIGNIFICANT HARM TO THE DEFENDANT AND IT IS IN THE PUBLIC INTEREST TO ENFORCE PATENT RIGHTS. IN ORDER TO PRESERVE THE "STATUS QUO" AND TO PRVENT IRREPARABLE HARM TO PLAINTFF'S PATENT RIGHTS UNDER PATENT NUMBERS 10,959,546, AND 11,033,125, DEFENDANT IS HEREBY ENJOINED FROM MARKETING, SELLING, ADVERTISING OR DISTRIBUTING THE ACCUSED OVER THE DOOR MIRROR PRODUCT UNTIL FURTHER ORDER OF THIS COURT. DEFENDANT SHALL NOT RETURN THE OVER THE DOOR MIRROR PRODUCT TO ITS SUPPLIER, TO PREVENT THE INFRINGING PRODUCTS FORM BEING MARKETED OR SOLD ELSEWHERE BY THE SUPPLIER. DEFENDANT SHALL FURTHER REFRAIN FROM ORDERING ANY FURTHER INFRINGING OVER THE DOOR MIRROR PRODUCTS. WITHIN SEVEN (7) DAYS OF THE DATE OF THIS ORDER, DEFENDANT SHALL PRODUCE A COMPLETE LIST OF THE CURRENT INVENTORY AND LOCATIONS OF ANY REMAINING INFRINGING OVER THE DOOR MIRROR PRODUCTS. PLAINTFF SHALL POST SECURITY WITH THE CLERK OF COURT IN THE AMOUNT OF $5,000.00. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/7/21. 9/7/21 ENTERED AND COPIES E-MAILED. (DT)(COPY NOT MAILED TO UNREP DEFENDANT)
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Filing 5
ORDER OF 9/1/21 THAT A TELEPHONIC CONFERENCE SHALL BE HELD ON SEPTEMBER 7 2021 AT 11:00AM. ETC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/1/21. 9/1/21 ENTERED AND COPIES E-MAILED. (DT0 Modified on 9/1/2021 (dt, ).
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| Summons Issued as to ALDI INC.. E-MAILED To: COUNSEL on 8/30/21 (bw, ) Modified on 9/16/2021 (bw, ). |
| Filing 4 MOTION for Temporary Restraining Order filed by MCS Industries Inc..Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order, #5 Certificate of Service)(LENTZ, GAVIN) |
| Filing 3 NOTICE of Appearance by PETER R. BRYANT on behalf of MCS Industries Inc. (BRYANT, PETER) |
| Filing 2 Disclosure by MCS Industries Inc..(LENTZ, GAVIN) |
| Filing 1 COMPLAINT against ALDI INC. ( Filing fee $ 402 receipt number APAEDC-15366531.), filed by MCS Industries Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Designation Form)(LENTZ, GAVIN) |
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| Plaintiff: MCS Industries Inc. | |
| Represented By: | PETER R. BRYANT |
| Represented By: | GAVIN P. LENTZ |
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| Defendant: ALDI INC. | |
| Represented By: | RICHARD P. GILLY |
| Represented By: | TREVOR J. COONEY |
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