Blue Spike, LLC v. Caterpillar, Inc. et al
| Blue Spike, LLC |
| Caterpillar, Inc, Nook Digital, LLC, Caterpillar, Inc., Barnesandnoble.com LLC, Pantech Wireless, Inc., Polaroid Corporation and Barnes & Noble, Inc. |
| William Joseph Cornelius |
| 6:2016cv01361 |
| December 7, 2016 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Anderson |
| John D Love |
| Robert W Schroeder |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on November 15, 2017. A more recent docket listing may be available from PACER.
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Filing 113
ORDER granting #112 Motion to Dismiss. It is ORDERED that Blue Spike, LLC's claims against Nook Digital, LLC and Nook Digital, LLC's counterclaims against Blue Spike, LLC are DISMISSED WITH PREJUDICE with each party to bear its own attorneys' fees and costs. Signed by District Judge Robert W. Schroeder, III on 11/15/2017. (rlf)
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| Filing 112 Joint MOTION to Dismiss with Prejudice by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 111 Notice of Filing of Patent/Trademark Form (AO 120)AFTER DISPOSITION. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (rlf) |
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Filing 110
FINAL JUDGMENT. It is therefore ORDERED, ADJUDGED and DECREED that the parties take nothing and that all pending motions are DENIED AS MOOT. All costs are to be borne by the party that incurred them. It is further ORDERED, ADJUDGED and DECREED that all claims, counterclaims, and third-party claims in the instant suit be DISMISSED in their entirety. The Clerk of the Court is directed to close this case. Signed by Judge Robert W. Schroeder, III on 9/19/2017. (rlf)
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Filing 109
ORDER ADOPTING #97 REPORT AND RECOMMENDATIONS of United States Magistrate Judge. IT IS ORDERED that the Report and Recommendation filed on July 28, 2017 is ADOPTED in its entirety as the findings of this Court. Accordingly, #100 Blue Spike's Motion to Reconsider is DENIED. Furthermore, #86 Nook Digital's Motion to Dismiss or, in the Alternative, to Transfer is GRANTED and Blue Spike's Complaint is DISMISSED WITHOUT PREJUDICE. Any motion not previously ruled on is DENIED. Signed by Judge Robert W. Schroeder, III on 9/19/2017. (rlf)
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| Filing 108 Agreed MOTION to Amend/Correct #107 Order on Motion to Amend/Correct by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
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Filing 107
AMENDED DOCKET CONTROL ORDER. Granting #106 Motion to Amend. Signed by Magistrate Judge John D. Love on 9/6/2017. (rlf)
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| Filing 106 Unopposed MOTION to Amend/Correct #99 Order on Motion to Amend/Correct (the Docket Control Order) by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 105 CLAIM CONSTRUCTION BRIEF filed by Blue Spike, LLC. (Attachments: #1 Exhibit 1 - U.S. Patent 5,745,569, #2 Exhibit 2 - U.S. Patent 8,930,719, #3 Exhibit 3 - Apple II Copy Protection, #4 Exhibit 4 - History of Copy Protection, #5 Exhibit 5 - 1996 PC Magazine article, #6 Exhibit 6 - Cheating, Copyright and Pokemon Go - Plagiarism Today, #7 Exhibit 7 - Pokemon Go creators update game to be able to issue cheats with permanent ban - ABC News, #8 Exhibit 8 - Apple loses big in DRM ruling_ jailbreaks are fair use, #9 Exhibit 9 - Memorandum Claim Construction Order, #10 Exhibit 10 - Microsoft Computer Dictionary, #11 Exhibit 11 - USPTO Examiner's Answer, #12 Exhibit 12 - Toshiba Claim Construction Order, #13 Exhibit 13 - Failure Diagnosis of Discrete Information Faults, #14 Exhibit 14 - Reasons for Never and Intermittent Completion in Cancer Screenings, #15 Exhibit 15 - How to Investigate Intermittent Problems, #16 Exhibit 16 - IBM Systems Reference Library, #17 Exhibit 17 - The Boot Process and Operating Systems, #18 Affidavit of R. Sekar, #19 Exhibit A - Dr. Sekar's CV)(Garteiser, Randall) |
| Filing 104 RESPONSE to Motion re #100 MOTION for Reconsideration re #97 Report and Recommendations filed by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 103 NOTICE by Blue Spike, LLC Notice of Compliance with Preliminary Election of Asserted Claims (Garteiser, Randall) |
| Filing 102 Joint Claim Construction Chart by Blue Spike, LLC and Nook Digital, LLC (Garteiser, Randall) |
| Filing 101 Additional Attachments to Main Document: #100 MOTION for Reconsideration re #97 Report and Recommendations .. (Attachments: #1 Corrected Motion for Reconsideration, #2 Corrected Ex. 6)(Garteiser, Randall) |
| Filing 100 MOTION for Reconsideration re #97 Report and Recommendations by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Shared Director, #3 Exhibit 2 - Shared Director, #4 Exhibit 3 - Shared Director, #5 Exhibit 4 - Nook Digital's formation, #6 Exhibit 5 - Tyler B&N advertising Nook, #7 Exhibit 6 - Email to opposing counsel)(Garteiser, Randall) |
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Filing 99
AMENDED DOCKET CONTROL ORDER, granting #98 Motion to Amend. Signed by Magistrate Judge John D. Love on 8/7/2017. (rlf)
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| Filing 98 Joint MOTION to Amend/Correct #94 Order on Motion to Amend/Correct by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 97 REPORT AND RECOMMENDATIONS recommending that #86 Nook Digital, LLC's Motion to Dismiss or, in the Alternative, Transfer be GRANTED. Signed by Magistrate Judge John D. Love on 7/28/2017. (rlf) |
| Filing 96 NOTICE of Attorney Appearance by Jeffrey Randall Roeser on behalf of Nook Digital, LLC (Roeser, Jeffrey) |
| Filing 95 REPLY to Response to Motion re #86 MOTION to Dismiss or, in the Alternative, to Transfer filed by Nook Digital, LLC. (Attachments: #1 Ebisike Decl., #2 Eiseman Decl., #3 Exhibit 1 to Eiseman Decl., #4 Exhibit 2 to Eiseman Decl., #5 Exhibit 3 to Eiseman Decl.)(Doan, Jennifer) |
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Filing 94
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 7/24/2017. (rlf)
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| Filing 93 Joint MOTION to Amend/Correct #83 Order by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
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Filing 92
ORDER granting #91 Motion for Extension of Time to File Response/Reply re #86 MOTION to Dismiss ; Replies due by 7/24/2017. Signed by Magistrate Judge John D. Love on 07/21/17. (mll, )
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| Filing 91 Agreed MOTION for Extension of Time to File Response/Reply as to #86 MOTION to Dismiss by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 90 Additional Attachments to Main Document: #89 Response in Opposition to Motion.. (Attachments: #1 Exhibit 1 - Email indicating Nook filed its MTD within hours of adverse claim construction, #2 Exhibit 2 - Elbit Systems v. Hughes Network Systems)(Garteiser, Randall) |
| Filing 89 RESPONSE in Opposition re #86 MOTION to Dismiss filed by Blue Spike, LLC . (Attachments: #1 Text of Proposed Order)(Garteiser, Randall) |
| Filing 88 NOTICE by Blue Spike, LLC of Motion requesting MDL transfer pursuant to 1407 (Attachments: #1 Motion requesting MDL transfer, #2 Brief in support of Motion requesting MDL transfer)(Garteiser, Randall) |
| Filing 87 NOTICE by Nook Digital, LLC re #83 Order (Notice of No Disputes Regarding Plaintiff's Privilege Log) (Doan, Jennifer) |
| Filing 86 MOTION to Dismiss by Nook Digital, LLC. (Attachments: #1 Affidavit of David Eiseman in Support of Nook Digital's Motion, #2 Exhibit A, #3 Affidavit of Josh Gluck in Support of Nook Digital's Motion, #4 Exhibit 1, #5 Text of Proposed Order)(Eiseman, David) (Additional attachment(s) added on 6/30/2017: #6 Revised Proposed Order) (rlf, ). |
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Filing 85
ORDER OF PARTIAL DISMISSAL. The Court DISMISSES Blue Spike's claims against Caterpillar WITH PREJUDICE. Neither Caterpillar, Inc. nor Bullitt Mobile, Ltd. shall seek recovery of any legal fees or costs incurred in the Bullitt Action (6:17-cv-131) or the Caterpillar Action. Judgment is entered in favor of Caterpillar. Costs shall be borne by the party incurring the same. Signed by Judge Robert W. Schroeder, III on 6/28/2017. (rlf)
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| Filing 84 NOTICE by Blue Spike, LLC re #76 Order on Sealed Motion Joint Submission of Dismissal Papers as Ordered by the Court, Dkt. 76. (Attachments: #1 NOTICE OF STIPULATED FINAL JUDGMENT IN FAVOR OF DEFENDANT CATERPILLAR)(Garteiser, Randall) |
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Filing 83
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 6/19/2017. (rlf)
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| Filing 82 Joint MOTION to Amend/Correct the Docket Control Order by Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Eiseman, David) |
| Filing 81 NOTICE of Attorney Appearance - Pro Hac Vice by Lindsay M Cooper on behalf of Nook Digital, LLC. Filing fee $ 100, receipt number 0540-6334935. (Cooper, Lindsay) |
| Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 4/25/17, before Judge Love. Court Reporter/Transcriber: Toni Hudson, Telephone number: 361/949-2988. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/1/2017. (dlc, ) |
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Filing 79
ORDER OF PARTIAL DISMISSAL. The Court hereby REMOVES the Default of Polaroid Corporation, and ORDERS that Plaintiff Blue Spike, LLC's claims against Defendant Polaroid Corporation be dismissed without prejudice. Each party will bear all its own attorneys' fees and costs in this case. Signed by Magistrate Judge John D. Love on 5/26/2017. (rlf)
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| Filing 78 RESPONSE TO ORDER TO SHOW CAUSE by Blue Spike, LLC. (Garteiser, Randall) |
| Filing 77 NOTICE of Voluntary Dismissal by Blue Spike, LLC (Attachments: #1 Text of Proposed Order to Remove Default and of Dismissal of Polaroid Corporation)(Garteiser, Randall) |
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Filing 76
ORDER granting #75 Motion to Stay. The parties are ORDERED to file dismissal papers on or before June 20, 2017. Signed by Magistrate Judge John D. Love on 5/22/2017. (rlf)
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| Filing 75 Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement by Caterpillar, Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Gardner, Allen) |
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Filing 74
ORDER granting #73 Motion for Extension of Time to File an Accounting of its costs and fees. Deadline to file: May 19, 2017. Signed by Magistrate Judge John D. Love on 5/18/2017. (rlf)
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| Filing 73 Unopposed MOTION for Extension of Time to File An Accounting Of Its Costs And Fees by Caterpillar, Inc.. (Attachments: #1 Text of Proposed Order)(Gardner, Allen) |
| Filing 72 SUPPLEMENTAL REPORT AND RECOMMENDATION to #43 Report and Recommendations, recommending that the Court assess sanctions against Blue Spike and its counsel (to be shared equally) in the amount of CAT's costs associated with this action as well as CAT's attorneys' fees associated with and from the time of filing of its #17 Motion to Dismiss. CAT shall submit to the Court an accounting of its costs and fees within 7 days. Signed by Magistrate Judge John D. Love on 5/10/2017. (rlf) |
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Filing 71
ORDER ADOPTING REPORT AND RECOMMENDATIONS re #43 Report and Recommendations. It is ORDERED that #17 Motion to Dismiss filed by Caterpillar, Inc. is converted to a motion for summary judgment pursuant to Federal Rule of Civil Procedure 12(d) and ORDERED that summary judgment of non-infringement is GRANTED in favor of Caterpillar. It is ORDERED that #48 Blue Spike's Motion to Dismiss and for Entry of Final Judgment with Respect to Defendant Caterpillar is DENIED. It is ORDERED that this matter is referred to Magistrate Judge Love for determination of whether and in what amount fees should be awarded under Rule 11(b)(3). Signed by Judge Robert W. Schroeder, III on 5/8/2017. (rlf)
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Filing 70
ORDER granting #69 Motion to Withdraw as Attorney. Attorney Christy Samansky Hawkins terminated. Signed by Magistrate Judge John D. Love on 5/5/2017. (rlf)
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| Filing 69 Unopposed MOTION to Withdraw as Attorney - Christy Samansky Hawkins by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
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Filing 68
ORDER OF PARTIAL DISMISSAL. All claims against Barnes & Noble, Inc., barnesandnoble.com LLC and Nook Digital LLC are DISMISSED without prejudice. Signed by Judge Robert W. Schroeder, III on 5/4/2017. (rlf)
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| Filing 67 PAPER TRANSCRIPT REQUEST by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC for proceedings held on 4/25/17 Scheduling Conference before Judge Love. (Doan, Darby) (To be transcribed by Toni Hudson, Exceptional Reporting) Modified on 4/27/2017 (dlc, ). |
| Filing 66 STIPULATION of Dismissal regarding barnesandnoble.com LLC and Barnes & Noble, Inc. by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Eiseman, David) |
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Filing 65
ORDER TO SHOW CAUSE. Plaintiff shall have 30 days to file a motion for default judgment or SHOW CAUSE why this case should not be dismissed with respect to Polaroid Corporation for want of prosecution. Alternatively, should Plaintiff determine that Polaroid Corporation is in bankruptcy, Plaintiff shall notify the Court so that this matter as to Polaroid may be stayed. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 64
ORDER that Plaintiff and Defendants Barnes & Noble, Inc. and Barnesandnoble.com LLC shall file a stipulation of dismissal with the Court on or before 5-09-2017. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 63
ORDER REFERRING CASE to Mediator. William Cornelius added as Mediator. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 62
DOCKET CONTROL ORDER. Pretrial Conference set for 8/23/2018 09:00 AM before Magistrate Judge John D. Love. Jury Selection set for 9/17/2018 09:00 AM in Tyler Courthouse before Judge Robert W. Schroeder III. Jury Trial set for 9/24/2018 09:00 AM in Tyler Courthouse before Judge Robert W. Schroeder III. First Mediation to be completed by 8-31-2017; Second Mediation Completion due by 6/19/2018. Markman Hearing set for 10/11/2017 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 61
PROTECTIVE ORDER. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 60
ORDER FOCUSING PATENT CLAIMS AND PRIOR ART TO REDUCE COSTS. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 59
E-DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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Filing 58
DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 04/25/17. (mll, )
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| Filing 57 Minute Entry for proceedings held before Magistrate Judge John D. Love: Scheduling Conference held on 4/25/2017. (srb) |
| Filing 56 NOTICE of Attorney Appearance by Catherine Margaret Maness on behalf of Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC (Maness, Catherine) |
| Filing 55 NOTICE of Attorney Appearance by Darby Vincent Doan on behalf of Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC (Doan, Darby) |
| Filing 54 Agreed MOTION for Protective Order by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 53 Agreed MOTION to Enter Phased Limits Order by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 52 Agreed MOTION to Enter E-Discovery Order by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 51 Agreed MOTION to Enter Discovery Order by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 50 Agreed MOTION to Enter Docket Control Order by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 49 RESPONSE to #43 Report and Recommendations, requesting it be withdrawn or considered moot in view of Blue Spike's dismissal of defendant Caterpillar as directed by the R&R filed by Blue Spike, LLC . (Attachments: #1 Test of Proposed ORDER RELATED TO REPORT AND RECOMMENDATION (Dkt. 43))(Garteiser, Randall) |
| Filing 48 Unopposed MOTION to Dismiss Just Defendant Caterpillar and entry of final judgment for Caterpillar by Blue Spike, LLC. Responses due by 4/28/2017 (Attachments: #1 TEXT OF PROPOSED ORDER GRANTING UNOPPOSED MOTION TO DISMISS ONLY DEFENDANT CATERPILLAR WITH PREJUDICE AND ENTRY OF FINAL JUDGMENT WITH RESPECT TO DEFNEDANT CATERPILLAR)(Garteiser, Randall) |
| Filing 47 RESPONSE to #46 Response to Order to Show Cause,, filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A - AFG Email to Honea, #2 Exhibit B - Honea Email to Allen, #3 Exhibit C - ECF Notation on Bullitt, #4 Exhibit D - Blue Spike Pleading table)(Gardner, Allen) |
| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE by Blue Spike, LLC. (Attachments: #1 Declaration of Randall Garteiser in support of BLUE SPIKES RESPONSE TO THE COURTS ORDER TO SHOW CAUSE, #2 Exhibit 1 - A true and correct copy of the email chain dated February 17, 2017 between counsel for Blue Spike and counsel for Caterpillar., #3 Exhibit 2 - A true and correct copy of the Adobe Acrobat attachment to the communication in Exhibit 1 from counsel for Blue Spike to counsel for Caterpillar. The advertising//marketing release indicated that the two design teams [of Caterpillar and Bullitt Group] worked side by side.")(Garteiser, Randall) |
| Filing 45 RESPONSE to #16 Answer to Amended Complaint, Counterclaim of Defendant Caterpillar, Inc. (In addition to a motion to dismiss, Caterpillar also filed an answer.) by Blue Spike, LLC. (Garteiser, Randall) |
| Filing 44 RESPONSE to #23 Answer to Amended Complaint, Counterclaim of Defendants Barnes & Noble, Inc., barnesandnoble.com LLC, and Nook Digital, LLC (collectively, Barnes & Noble or Defendant) by Blue Spike, LLC. (Garteiser, Randall) |
| Filing 43 REPORT AND RECOMMENDATIONS, recommending that #17 MOTION to Dismiss filed by Caterpillar, Inc. be granted as summary judgment and that Blue Spike LLC's claims be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge John D. Love on 4/1/2017. (rlf) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mll, ) |
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Filing 42
ORDER setting Scheduling Conference for 4/25/2017 10:30 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 03/22/17. (mll, )
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| Filing 41 SUR-REPLY to Reply to Response to Motion re #17 MOTION to Dismiss [Surreply to Caterpillar's MTD] filed by Blue Spike, LLC . (Garteiser, Randall) |
| Filing 40 NOTICE of Attorney Appearance by Ian Nicholas Ramage on behalf of All Plaintiffs (Ramage, Ian) |
| Filing 39 NOTICE of Attorney Appearance by Kirk Anderson on behalf of All Plaintiffs (Anderson, Kirk) |
| Filing 38 NOTICE of Attorney Appearance by Christopher A Honea on behalf of All Plaintiffs (Honea, Christopher) |
| Filing 37 SUMMONS Returned Executed by Blue Spike, LLC. Nook Digital, LLC served on 2/21/2017, answer due 3/14/2017. (mjc, ) |
| Filing 36 REPLY to Response to Motion re #17 MOTION to Dismiss filed by Caterpillar, Inc.. (Attachments: #1 EX A - Supplemental Skinner Declaration)(Gardner, Allen) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Reply. The deadline for Defendant Caterpillar Inc. to file a reply is extended up to and through March 7, 2017. Signed by Magistrate Judge John D. Love on 3/1/2017. (rlf)
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| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss by Caterpillar, Inc.. (Attachments: #1 Text of Proposed Order)(Gardner, Allen) |
| Filing 33 RESPONSE to Motion re #17 MOTION to Dismiss pursuant to Rule 12(b)(6) only filed by Blue Spike, LLC . (Attachments: #1 Text of Proposed Order Denying Caterpillar's MTD, #2 Declaration of Kirk Anderson in support of Blue Spike's opposition to Caterpillar's MTD based on Rule 12(b)(6), #3 Exhibit 1 - Amazon.com screenshot of S60 Rugged CAT Phone, #4 Exhibit 2 - WalMart.com screenshot of S60 Rugged CAT Phone, #5 Exhibit 3 - CATphones.com screenshot of S60 Rugged CAT Phone, #6 Exhibit 4 - CATphones.com Contact Us page, #7 Exhibit 5 - WHOIS listing ownership of CATphones.com, #8 Exhibit 6 - CATphones.com S60 purchase page, #9 Exhibit 7 - CATphones.com shopping cart, #10 Exhibit 8 - CATphones.com's "An Insanely Durable Smartphone from Caterpillar? You Read It Right." by CNNMoney, #11 Exhibit 9 - EquipmentWorld's "The Design Process of Caterpillar's Rugged Smartphone", #12 Exhibit 10 - CATphones.com's Distributor Login page, #13 Exhibit 11 - WSJ's "Compal, Wingtech to Produce New Models in Midprice Desire Series", #14 Exhibit 12 - UberGizmo.com's "Samsung to Outsource Low-End Smartphone Production, Make Premium Devices [Rumor]", #15 Exhibit 13 - Memorandum Opinion and Order from Autobytel v InsWeb, #16 Exhibit 14 - screenshot of a local Tyler Caterpillar dealership, #17 Exhibit 15 - screenshot showing Caterpillar products for sale in Tyler, #18 Exhibit 16 - Memorandum Opinion and Order from Script Security Solutions v Amazon.com)(Garteiser, Randall) |
| NOTICE of Deficiency regarding the Response in Opposition submitted, entry #32 . Incorrect Document Filed. Correction should be made by 1 Business Day (gsg) |
| Filing 32 ***DEFICIENT FILING. DISREGARD.*** RESPONSE in Opposition re #17 MOTION to Dismiss pursuant to Rule 12(b)(6) only filed by Blue Spike, LLC . (Attachments: #1 Text of Proposed order Denying Caterpillar's MTD, #2 Declaration of Kirk Anderson in support of Blue Spike's opposition to Caterpillar's MTD based on Rule 12(b)(6) ---includes description of Exhibits 1-16., #3 Ex. 1, #4 Ex. 2, #5 Ex. 3, #6 Ex. 4, #7 Ex. 5, #8 Ex. 6, #9 Ex. 7, #10 Ex. 8, #11 Ex. 9, #12 Ex. 10, #13 Ex. 11, #14 Ex. 12, #15 Ex. 13, #16 Ex. 14, #17 Ex. 15, #18 Ex. 16)(Garteiser, Randall) Modified on 2/22/2017 (gsg). |
| Filing 31 ***REMOVED PER ORDER #79 .***Clerk's ENTRY OF DEFAULT as to Polaroid Corporation. (rlf) Modified on 5/26/2017 (rlf). |
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Filing 30
ORDER granting #29 Unopposed MOTION for Extension of Time to File Response as to #17 MOTION to Dismiss. The response is due by 2/21/2017. Signed by Magistrate Judge John D. Love on 2/16/2017. (rlf)
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| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss [Blue Spike's Motion for Extension to Respond to Caterpillar, Inc.'s Motion to Dismiss] by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Garteiser, Randall) |
| Filing 28 Request by Blue Spike, LLC for Clerk's Entry of Default against Polaroid Corporation. (Attachments: #1 Exhibit A-Declaration of Colin Jensen, #2 Exhibit B-Proof of Summons, #3 Text of Proposed Order)(Garteiser, Randall) |
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Filing 27
ORDER TO SHOW CAUSE. Plaintiff shall have 30 days to move for entry of default or show cause why this case should not be dismissed for want of prosecution with respect to Polaroid Corporation. Signed by Magistrate Judge John D. Love on 02/14/17. (mll, )
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| Filing 26 SUMMONS Issued as to Nook Digital, LLC, and emailed to pltf for service. (mll, ) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT filed by Nook Digital, LLC identifying Corporate Parent Barnes & Noble, Inc., Corporate Parent Barnes & Noble Booksellers, Inc. for Nook Digital, LLC. (Doan, Jennifer) |
| Filing 24 DEMAND for Trial by Jury by Barnes & Noble, Inc., Barnesandnoble.com LLC, Nook Digital, LLC. (Doan, Jennifer) |
| Filing 23 ANSWER to #12 Amended Complaint,, , COUNTERCLAIM against Blue Spike, LLC by Nook Digital, LLC, Barnes & Noble, Inc., Barnesandnoble.com LLC.(Doan, Jennifer) |
| Filing 22 NOTICE of Attorney Appearance by David Eiseman, IV on behalf of Nook Digital, LLC (Eiseman, David) |
| Filing 21 NOTICE of Attorney Appearance by Christy Samansky Hawkins on behalf of Nook Digital, LLC (Hawkins, Christy) |
| Filing 20 NOTICE of Attorney Appearance by Jennifer Haltom Doan on behalf of Nook Digital, LLC (Doan, Jennifer) |
| Filing 19 DEMAND for Trial by Jury by Caterpillar, Inc.. (Gardner, Allen) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT filed by Caterpillar, Inc. (Gardner, Allen) |
| Filing 17 MOTION to Dismiss by Caterpillar, Inc.. (Attachments: #1 EX A J. Skinner Declaration, #2 EX B L. Corbett Declaration, #3 Text of Proposed Order)(Gardner, Allen) |
| Filing 16 ANSWER to #12 Amended Complaint,, , COUNTERCLAIM against Blue Spike, LLC by Caterpillar, Inc..(Gardner, Allen) |
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Filing 15
ORDER of Partial Dismissal Without Prejudice. Plaintiff Blue Spike, LLCs claims against Pantech Wireless, Inc. are dismissed without prejudice. Each party will bear all its own attorneys fees in this case. Pantech Wireless, Inc. terminated. Signed by Magistrate Judge John D. Love on 1/31/2017. (rlf)
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| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Caterpillar, Inc. to 2/2/2017. 30 Days Granted for Deadline Extension.(rlf) |
| Filing 14 NOTICE by Blue Spike, LLC of Voluntary Dismissal of Pantech Wireless (Attachments: #1 Text of Proposed Order)(Garteiser, Randall) |
| Filing 13 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Caterpillar, Inc..( Gardner, Allen) |
| Filing 12 AMENDED COMPLAINT against Barnes & Noble, Inc., Barnesandnoble.com LLC, Caterpillar, Inc., Polaroid Corporation, filed by Blue Spike, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit C3, #6 Exhibit C4, #7 Exhibit D1, #8 Exhibit D2, #9 Exhibit D3, #10 Exhibit D4, #11 Exhibit E1, #12 Exhibit E2, #13 Exhibit E3, #14 Exhibit E4, #15 Exhibit E5, #16 Exhibit E6, #17 Exhibit F1, #18 Exhibit F2, #19 Exhibit F3, #20 Exhibit F4, #21 Exhibit F5, #22 Exhibit F6, #23 Exhibit F7, #24 Exhibit G1, #25 Exhibit G2, #26 Exhibit G3, #27 Exhibit G4)(Garteiser, Randall) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed by Barnes & Noble, Inc., Barnesandnoble.com LLC (Eiseman, David) |
| Filing 10 SUMMONS Returned Executed by Blue Spike, LLC. Polaroid Corporation served on 12/13/2016, answer due 1/3/2017. (gsg) |
| Filing 9 SUMMONS Returned Executed by Blue Spike, LLC. Caterpillar, Inc. served on 12/13/2016, answer due 1/3/2017. (gsg) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Barnesandnoble.com LLC to 2/3/2017; Barnes & Noble, Inc. to 2/3/2017. 30 Days Granted for Deadline Extension.(rlf) |
| Filing 8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Barnes & Noble, Inc., Barnesandnoble.com LLC.( Doan, Jennifer) |
| Filing 7 NOTICE of Attorney Appearance by David Eiseman, IV on behalf of Barnes & Noble, Inc., Barnesandnoble.com LLC (Eiseman, David) |
| Filing 6 NOTICE of Attorney Appearance by Christy Samansky Hawkins on behalf of Barnes & Noble, Inc., Barnesandnoble.com LLC (Hawkins, Christy) |
| Filing 5 NOTICE of Attorney Appearance by Jennifer Haltom Doan on behalf of Barnes & Noble, Inc., Barnesandnoble.com LLC (Doan, Jennifer) |
| Filing 4 SUMMONS Issued as to Barnes & Noble, Inc., Barnesandnoble.com LLC, Caterpillar, Inc., Pantech Wireless, Inc., Polaroid Corporation, and emailed to pltf for service. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es), #4 Summons(es))(mll, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mll, ) |
| Filing 3 CASE REFERRED to Magistrate Judge John D Love. (mll, ) |
| Judge Robert W. Schroeder, III and Magistrate Judge John D. Love added. (mll, ) |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Garteiser, Randall) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6061482.), filed by Blue Spike, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C1, #5 Exhibit C2, #6 Exhibit C3, #7 Exhibit C4, #8 Exhibit D1, #9 Exhibit D2, #10 Exhibit D3, #11 Exhibit D4, #12 Exhibit E1, #13 Exhibit E2, #14 Exhibit E3, #15 Exhibit E4, #16 Exhibit E5, #17 Exhibit E6, #18 Exhibit F1, #19 Exhibit F2, #20 Exhibit F3, #21 Exhibit F4, #22 Exhibit F5, #23 Exhibit F6, #24 Exhibit F7, #25 Exhibit G1, #26 Exhibit G2, #27 Exhibit G3, #28 Exhibit G4)(Garteiser, Randall) |
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