GHJ Holdings, LLC v. True Food Service Equipment, Inc.
| GHJ Holdings, LLC |
| True Food Service Equipment, Inc. |
| U.S. Attorney UNITED STATES OF AMERICA |
| 5:2011cv00005 |
| January 11, 2011 |
| US District Court for the Eastern District of Texas |
| Texarkana Office |
| Bowie |
| Patent |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2011. A more recent docket listing may be available from PACER.
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Filing 40
ORDER granting 31 Motion to Dismiss. Signed by Judge David Folsom on December 28, 2011. (rml, )
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Filing 39
ORDER granting 37 Motion to Intervene ; The United States may file a brief defending the constitutionality of the amendments to 35 U.S.C. 292 made by the America Invents Act within 30 days of the date of this order. Signed by Judge David Folsom on December 5, 2011. (rml, )
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Filing 38
ORDER LIFTING STAY. Signed by Judge David Folsom on 12/2/11. (mrm, )
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| Filing 37 Unopposed MOTION to Intervene for Limited Purpose of Defending the Constitutionality of Amendments to 35 U.S.C. 292 made by the America Invents Act by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Visosky, Bradley) |
| Filing 36 NOTICE by GHJ Holdings, LLC re 35 Order on Motion to Stay, (Attachments: # 1 Exhibit Ex A)(Garteiser, Randall) |
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Filing 35
ORDER granting 12 Motion to Stay; granting 32 Motion to Stay pending the outcome of Wham-O. The parties shall notify the Court when Wham-O has been resolved. Signed by Judge David Folsom on 10/12/11. (mrm, )
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| Filing 34 NOTICE by GHJ Holdings, LLC re 33 Response in Opposition to Motion, [Rule 5.1, Notice of Constitutional Challenge] (Garteiser, Randall) |
| Filing 33 RESPONSE in Opposition re 31 MOTION to Dismiss DEFENDANTS COMBINED MOTION AND MEMORANDUM TO DISMISS FOR LACK OF STANDING (Raises Constitutional Issue Requiring Rule 5.1 Notice) filed by GHJ Holdings, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Garteiser, Randall) |
| Filing 32 MOTION to Stay case for 120 days to obtain guidance on constitutional issues by GHJ Holdings, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Garteiser, Randall) |
| Filing 31 MOTION to Dismiss DEFENDANTS COMBINED MOTION AND MEMORANDUM TO DISMISS FOR LACK OF STANDING by True Food Service Equipment, Inc.. (Attachments: # 1 Exhibit A- H.R. 1249)(Nolte, Nelson) (Additional attachment(s) added on 9/20/2011: # 2 Text of Proposed Order) (bas, ). |
| Filing 30 AMENDED COMPLAINT against All Defendants, filed by GHJ Holdings, LLC. (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 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Garteiser, Randall) |
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Filing 29
STIPULATED PROTECTIVE ORDER. Signed by Judge David Folsom on 8/10/2011. (sm, )
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| Filing 28 Joint MOTION for Protective Order by GHJ Holdings, LLC. (Attachments: # 1 Exhibit A - Proposed Stipulated Protective Order)(Garteiser, Randall) |
| Filing 27 NOTICE of Attorney Appearance by Christopher A Honea on behalf of GHJ Holdings, LLC (Honea, Christopher) |
| Filing 26 NOTICE of Attorney Appearance by Jeff Brandon Atterbury on behalf of GHJ Holdings, LLC (Atterbury, Jeff) |
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Filing 25
ORDER granting in part and denying in part 6 Motion to Dismiss. Signed by Judge David Folsom on 7/20/11. (mrm, )
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Filing 24
STIPULATED PROTECTIVE ORDER. Signed by Judge David Folsom on 7/18/11. (mrm, )
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| Filing 23 Joint MOTION for Protective Order by GHJ Holdings, LLC. (Attachments: # 1 Exhibit A)(Garteiser, Randall) |
| Filing 22 RESPONSE to 21 Trial Brief of USA Defending 35 USC Sec. 292 by True Food Service Equipment, Inc.. (Nolte, Nelson) |
| Filing 21 TRIAL BRIEF Defending the Constitutionality of 35 U.S.C. 292(b) by UNITED STATES OF AMERICA. (Visosky, Bradley) |
| Filing 20 MOTION To Supplement Defendant's Motion to Dismiss to Inform the Court of Recent Case Law re 6 MOTION to Dismiss by True Food Service Equipment, Inc.. (Attachments: # 1 Exhibit A- Rogers v. Tristar Products, Inc., # 2 Text of Proposed Order)(Nolte, Nelson) |
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Filing 19
ORDER granting 17 Motion for USA to Intervene. Signed by Judge David Folsom on 6/6/2011. (sm, )
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| Filing 18 SUR-REPLY to Reply to Response to Motion re 12 Opposed MOTION to Stay PENDING DECISION BY THE FEDERAL CIRCUIT REGARDING THE CONSTITUTIONALITY OF 35 U.S.C. 292 filed by GHJ Holdings, LLC. (Attachments: # 1 Exhibit A)(Garteiser, Randall) |
| Filing 17 Unopposed MOTION to Intervene for Limited Purpose of Defending Constitutionality of 35 U.S.C. 292(b) by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Visosky, Bradley) |
| Filing 16 RESPONSE in Support re 12 Opposed MOTION to Stay PENDING DECISION BY THE FEDERAL CIRCUIT REGARDING THE CONSTITUTIONALITY OF 35 U.S.C. 292 filed by True Food Service Equipment, Inc.. (Attachments: # 1 Exhibit A- Court of Appeals timeline)(Nolte, Nelson) |
| Filing 15 RESPONSE in Opposition re 12 Opposed MOTION to Stay PENDING DECISION BY THE FEDERAL CIRCUIT REGARDING THE CONSTITUTIONALITY OF 35 U.S.C. 292 filed by GHJ Holdings, LLC. (Garteiser, Randall) |
| Filing 14 SUR-REPLY to Reply to Response to Motion re 6 MOTION to Dismiss filed by GHJ Holdings, LLC. (Garteiser, Randall) |
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Filing 13
SCHEDULING ORDER: Final Pretrial Conference set for 2/6/2012 in Ctrm 319 (Texarkana) before Judge David Folsom. Amended Pleadings due by 9/6/2011. Discovery due by 11/4/2011. Joinder of Parties due by 8/5/2011. Jury instructions due by 1/25/2012 Jury Selection set for 2/7/2012 in Ctrm 319 (Texarkana) before Judge David Folsom. Mediation Completion due by 9/16/2011. Proposed Pretrial Order due by 1/25/2012. Signed by Judge David Folsom on 5/3/11. (mrm, )
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| Filing 12 Opposed MOTION to Stay PENDING DECISION BY THE FEDERAL CIRCUIT REGARDING THE CONSTITUTIONALITY OF 35 U.S.C. 292 by True Food Service Equipment, Inc.. (Attachments: # 1 Exhibit A- unreported cases cited in brief, # 2 Text of Proposed Order)(Nolte, Nelson) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A - Joint Proposed Scheduling Order)(Garteiser, Randall) |
| Filing 10 REPLY to Response to Motion re 6 MOTION to Dismiss filed by True Food Service Equipment, Inc.. (Nolte, Nelson) |
| Filing 9 RESPONSE in Opposition re 6 MOTION to Dismiss filed by GHJ Holdings, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Garteiser, Randall) |
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Filing 8
ORDER TO CONDUCT RULE 26(f) CONFERENCE, ( Rule 26 Meeting Report due by 4/29/2011.). Signed by Judge David Folsom on 3/30/11. (mrm, )
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| Filing 7 NOTICE by True Food Service Equipment, Inc. OF CONSTITUTIONAL CHALLENGE (Nolte, Nelson) |
| Filing 6 MOTION to Dismiss by True Food Service Equipment, Inc.. (Attachments: # 1 Exhibit A- Articles of Organization of GHJ Holdings, LLC, # 2 Exhibit B- In Re BP Lubricants USA Inc., # 3 Exhibit C- Stauffer v. Brooks Brothers, Inc. et al., # 4 Exhibit D- Unique Products v. Hy-Grade Valve Inc. dated 2/23/11, # 5 Exhibit E- Unique Products v. Hy-Grade Valve Inc. dated 3/14/11)(Nolte, Nelson) (Additional attachment(s) added on 3/30/2011: # 6 Text of Proposed Order) (bas, ). |
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Filing 5
ORDER granting 4 Motion for Extension of Time to Answer; Defendant's Motions for extension of time (d/e 4) is hereby extended until fourteen (14) days up to and including Thursday, March 29, 2011. Signed by Judge David Folsom on 3/16/11. (mrm, )
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| Filing 4 Consent MOTION for Extension of Time to File Answer by True Food Service Equipment, Inc.. (Nolte, Nelson) (Additional attachment(s) added on 3/16/2011: # 1 Text of Proposed Order) (bas, ). |
| Filing 3 APPLICATION to Appear Pro Hac Vice by Attorney Nelson D Nolte for True Food Service Equipment, Inc.(RECEIPT 1-1132). (rml, ) |
| Filing 2 WAIVER OF SERVICE Returned Executed by GHJ Holdings, LLC. True Food Service Equipment, Inc. waiver sent on 1/14/2011, answer due 3/15/2011. (sm, ) |
| Filing 1 COMPLAINT For False Patent Marking against True Food Service Equipment, Inc. ( Filing fee $ 350 receipt number 0540-2838931.), filed by GHJ Holdings, LLC. (Attachments: # 1 Civil Cover Sheet)(Garteiser, Randall) |
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