Paragon Films, Inc. v. Berry Global, Inc.
Plaintiff: Paragon Films, Inc.
Defendant: Berry Global, Inc.
Case Number: 1:2020cv02440
Filed: June 19, 2020
Court: US District Court for the Western District of Tennessee
Presiding Judge: Jon Phipps McCalla
Referring Judge: Tu M Pham
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Filing 26 AMENDED COMPLAINT against Berry Global, Inc., filed by Paragon Films, Inc.. (Attachments: #1 Exhibit A - U.S. Pat. No. 8100356, #2 Exhibit B - U.S. Pat. No. 8221298, #3 Exhibit C - U.S. Pat. No. 8475349, #4 Exhibit D - U.S. Pat. No. 8777829, #5 Exhibit E - Fortitude Sell Sheet, #6 Exhibit F - Torque Product Sheet)(Woodhouse, Maia)
August 14, 2020 Opinion or Order Filing 25 *TEXT ORDER ONLY* ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 8/14/2020. (mom)
August 11, 2020 Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 6, 2020 before Judge Jon Phipps McCalla. Court Reporter Lashawn Marshall, Alpha Reporting Corporation, Telephone number 901-523-8974. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 8/17/2020. Redaction Request due 9/1/2020. Release of Transcript Restriction set for 11/9/2020. (agj)
August 11, 2020 Filing 23 MOTION for Leave to Appear Pro Hac Vice of Kyle A. Forgue - Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3409276) by Berry Global, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Declaration)(Forgue, Kyle)
August 6, 2020 Filing 22 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Patent Scheduling Conference held on 8/6/2020 via Zoom video conferencing. Raymond Ferrera and Maia Woodhouse appeared for the Plaintiff with Alissa Hurley, General Counsel, Paragon Films, Inc. Adam Baldridge and Mark Hagedorn appeared for the Defendant with Adam Borgman, Senior Counsel for Berry Global, Inc. Video Patent Scheduling conference held. Plaintiff asserts willful infringement of four patients. The Plaintiff filed the case on 6/192020 (ECF No. 1). Defendant filed a motion to dismiss on 7/24/2020 (ECF No. 14). Plaintiff asserted with greater specificity the basis for the claims. Plaintiff presented a technical brief video via Zoom to demonstrate the nature of the product. Plaintiff will submit a video to the court, demonstrating with greater detail the technical nature of the product. The video will be marked as Exhibit 1. Plaintiff will file an Amended Complaint by 8/14/2020. A Joint Protective Order will be filed by noon on 8/21/2020. Defendant presented a technical briefing via a slide demonstration that will be marked Exhibit 2. Initial complaint will be dismissed, and the court will address the amended complaint. Amended complaint is due by 8/14/2020. It is anticipated Court will dismiss initial complaint upon filing of Amended Complaint. Motion for Preliminary Injunction is not anticipated. Case schedule reviewed. Parties will confer to set remaining dates. (Court Reporter: Lashawn Marshall, Alpha Reporting) (jrs)
August 5, 2020 Filing 21 RESPONSE in Opposition re #20 MOTION to be Excused from Compliance with Local Patent Rules 2.1(D)(2), 3.3 and 3.4 - Proposed Order Submitted (Proposed Order Submitted) filed by Paragon Films, Inc.. (Woodhouse, Maia)
August 3, 2020 Filing 20 MOTION to be Excused from Compliance with Local Patent Rules 2.1(D)(2), 3.3 and 3.4 - Proposed Order Submitted by Berry Global, Inc.. (Attachments: #1 Memorandum in Support of Motion for Leave to be Excused from Compliance with Local Patent Rules)(Baldridge, Adam)
August 3, 2020 Filing 19 REPORT of Rule 26(f) Planning Meeting and Proposed Scheduling Order. (Attachments: #1 Exhibit A - Proposed Local Patent Rules Timeline)(Woodhouse, Maia)
July 30, 2020 Filing 18 NOTICE of Appearance by Nicole D. Berkowitz on behalf of Berry Global, Inc. (Berkowitz, Nicole)
July 30, 2020 Opinion or Order Filing 17 ORDER DENYING JOINT MOTION TO RESET PATENT SCHEDULING CONFERENCE AND TO MODIFY REQUIREMENTS UNDER THE LOCAL PATENT RULES. Signed by Judge Jon Phipps McCalla on 7/30/20. (aac)
July 29, 2020 Filing 16 Joint MOTION to Continue Patent Scheduling Conference and to Modify Requirements under Local Patent Rules (proposed order submitted) by Paragon Films, Inc.. (Woodhouse, Maia)
July 29, 2020 Filing 15 NOTICE by Paragon Films, Inc. LPR 2.1(a) Joint Notice Regarding Patent Scheduling Conference (Woodhouse, Maia)
July 24, 2020 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Berry Global, Inc.. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Baldridge, Adam)
July 21, 2020 Opinion or Order Filing 13 ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 7/21/2020. (aac)
July 20, 2020 Filing 12 MOTION for Leave to Appear Pro Hac Vice - Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3392674) by Berry Global, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Declaration)(Hagedorn, Mark)
July 9, 2020 Filing 11 Corporate Disclosure Statement by Paragon Films, Inc. identifying Corporate Parent PF Group Acquisition Corporation for Paragon Films, Inc... (Woodhouse, Maia)
July 8, 2020 Opinion or Order Filing 10 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 7/8/20. * TEXT ORDER ONLY * (aac)
July 8, 2020 Filing 9 SETTING LETTER: A Video Patent Scheduling Conference is set for Thursday, 8/6/2020 at 9:30 AM before Judge Jon Phipps McCalla. The conference will be conducted by means of Zoom Video Conferencing. Conference invitations will be emailed at least one day prior to the hearing. (jrs)
July 7, 2020 Opinion or Order Filing 8 *TEXT ORDER ONLY* ORDER granting #7 Motion for Extension of Time to Answer. Defendant shall respond to the Complaint by no later than August 14, 2020. Signed by Judge Jon Phipps McCalla on 7/7/2020. (mom)
July 7, 2020 Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, - Proposed Order Submitted by Berry Global, Inc.. (Baldridge, Adam)
July 7, 2020 Filing 6 MOTION for Leave to Appear Pro Hac Vice proposed Order submitted in Word to Chambers (Filing fee $ 150 receipt number ATNWDC-3383138) by Paragon Films, Inc.. (Attachments: #1 Certificate of Good Standing - USDC Southern District of TX, #2 Certificate of Good Standing - State Bar of TX, #3 Proposed Order)(Ferrera, Raymond)
June 25, 2020 Filing 5 SUMMONS Returned Executed by Paragon Films, Inc. as to All Defendants. (Woodhouse, Maia) Modified docket text to correct filing event on 6/25/2020 (mbm).
June 22, 2020 Filing 4 Summons Issued as to Berry Global, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
June 22, 2020 NOTICE to all parties: This case was incorrectly opened in the Western Division of the Western District. It was transferred to the Jackson office and the case number has been modified. Please take notice of the case number, as the only change in the number will be the divisional code at the beginning of the case number. (Ex: 1:XX-cv-XXXX or 2:XX-cv-XXXX). The old case has been closed and will contain a case flag that it is closed. Particular attention should be used when selecting the case number during CN/ECF filing of future pleadings to ensure that you are filing in the correct (open) Case. The new case number is 1:20-cv-2440. Please list the correct case number on all future pleadings.(jld)
June 19, 2020 Filing 3 Judge Jon Phipps McCalla and Chief Magistrate Judge Tu M. Pham added. (jld) (Additional attachment(s) added on 6/22/2020: #1 Judge's Cards) (jld).
June 19, 2020 Filing 2 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8100356; 8221298; 8475349; 8777829; . (Woodhouse, Maia)
June 19, 2020 Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 400 receipt number ATNWDC-3372344), filed by Paragon Films, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summons)(Woodhouse, Maia)

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Defendant: Berry Global, Inc.
Represented By: Mark Alan Hagedorn
Represented By: Adam S. Baldridge
Represented By: Kyle Forgue
Represented By: Nicole D. Berkowitz
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Plaintiff: Paragon Films, Inc.
Represented By: Maia T. Woodhouse
Represented By: Raymond R Ferrera
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