High Energy Ozone LLC et al v. Far UV Technologies
| High Energy Ozone LLC doing business as Far-UV Sterilray and S Edward Neister |
| Far UV Technologies |
| High Energy Ozone LLC |
| 3:2022cv00280 |
| February 4, 2022 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Barbara M G Lynn |
| Property Rights: Patent |
| 15 U.S.C. § 1126 |
| Both |
Docket Report
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This docket was last retrieved on April 4, 2022. A more recent docket listing may be available from PACER.
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Filing 53
ORDER granting 74 Joint MOTION to Extend Time to Conduct Claim Construction Exchanges. (Ordered by Chief Judge Barbara M. G. Lynn on 4/4/2022) (jmg)
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| Filing 52 SECOND AMENDED COMPLAINT WITH JURY DEMAND against Far UV Technologies filed by High Energy Ozone LLC, S Edward Neister. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13) (Ray, Brent) |
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Filing 51
ORDER: Before the Court are a Motion to Dismiss for Failure to State a Claim (ECF No. 22) and a Motion for Judgment on the Pleadings (ECF No. 24) filed by Far UV Technologies. The Motions are rendered moot by the First Amended Complaint (ECF No. 39) and therefore are DENIED. (Ordered by Chief Judge Barbara M. G. Lynn on 3/25/2022) (jmg)
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Filing 50
ORDER: Before the Court is Plaintiffs Unopposed Motion for Leave to File Amended Complaints Against Defendants Far UV Technologies and Eden Park Illumination, Inc. (ECF No. 69 ). The Motion is GRANTED. Plaintiffs should promptly file their Second Amended Complaint against Defendant Far UV and their First Amended Complaint against Defendant Eden Park. (Ordered by Chief Judge Barbara M. G. Lynn on 3/25/2022) (jmg)
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Filing 49
ORDER CONSOLIDATING CASES: Member cases 3:22-cv-425 and 3:22-cv-280 consolidated with lead case 3:21-cv-1166 for pretrial matters. (Ordered by Chief Judge Barbara M. G. Lynn on 3/8/2022) (mla)
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Filing 48
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Barbara M. G. Lynn for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 3/7/2022) (ndt)
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| Filing 47 Joint STATUS REPORT filed by High Energy Ozone LLC. (Parsons, Abby) |
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Filing 46
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 2/8/2022) (mla)
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| Filing 45 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ndt) |
| Filing 44 New Case Notes: A filing fee is not due for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 43 Case electronically transferred in from District of Missouri Western; Case Number 4:21-cv-00345. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 42
ORDER granting #41 motion to transfer case to Northern District of Texas. Signed on 2/4/22 by District Judge Gary A. Fenner. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 41 Joint MOTION to reassign/transfer case to the Northern District of Texas filed by Abby Parsons on behalf of High Energy Ozone LLC, S. Edward Neister. Suggestions in opposition/response due by 2/11/2022 unless otherwise directed by the court. (Parsons, Abby) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 40 Far UV's ANSWER to #39 Amended Complaint, , Amended COUNTERCLAIM against All Plaintiffs on behalf of Far UV Technologies.(Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 39 AMENDED COMPLAINT against Far UV Technologies filed by Brent P. Ray on behalf of S. Edward Neister, High Energy Ozone LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Ray, Brent) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 38
ORDER granting #37 motion to amend/correct pleadings. Signed on 1/19/22 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 37 Joint MOTION to amend/correct Pleadings Pursuant to Fed. R. Civ. P. 15(a) Without Prejudice filed by Abby Parsons on behalf of High Energy Ozone LLC, S. Edward Neister. Suggestions in opposition/response due by 1/31/2022 unless otherwise directed by the court. (Parsons, Abby) [Transferred from Missouri Western on 2/4/2022.] |
| Status Report due by 2/2/2022. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 36 STATUS REPORT [Joint] by High Energy Ozone LLC. (Parsons, Abby) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 35 STATUS REPORT [Joint] by High Energy Ozone LLC, S. Edward Neister. (Attachments: #1 Exhibit A)(Parsons, Abby) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 34
ORDER granting #33 motion to stay. Parties directed to file a joint status on or before December 2, 2021 and every 30 days thereafter pending transfer of this case. Signed on 11/2/21 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 33 Joint MOTION to stay filed by Abby Parsons on behalf of High Energy Ozone LLC, S. Edward Neister. Suggestions in opposition/response due by 11/15/2021 unless otherwise directed by the court. (Parsons, Abby) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 32
ORDER granting #31 Motion for Extension of Time to Answer re #31 MOTION for extension of time to file answer re #30 Counterclaim , #30 Counterclaim All Plaintiffs answer to counterclaim due 11/15/21. Signed on 10/27/21 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 31 MOTION for extension of time to file answer re #30 Counterclaim filed by Brent P. Ray on behalf of High Energy Ozone LLC, S. Edward Neister. Suggestions in opposition/response due by 11/10/2021 unless otherwise directed by the court. (Related document(s) #30 ) (Ray, Brent) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 30 Amended COUNTERCLAIM against High Energy Ozone LLC, S. Edward Neister(Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 29
ORDER granting #28 motion for extension of time to file response/reply re #28 MOTION for extension of time to file response/reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #24 MOTION for judgment on the pleadings , #21 Answer to Complaint, Counterclaim Unopposed Motion for Extension, #24 MOTION for judgment on the pleadings Suggestions in opposition/response due by 11/2/2021 unless otherwise directed by the court. Signed on 10/12/21 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 28 MOTION for extension of time to file response/reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #24 MOTION for judgment on the pleadings , #21 Answer to Complaint, Counterclaim Unopposed Motion for Extension of Time to Answer filed by Brent P. Ray on behalf of High Energy Ozone LLC, S. Edward Neister. Suggestions in opposition/response due by 10/22/2021 unless otherwise directed by the court. (Related document(s) #22 , #24 , #21 ) (Ray, Brent) [Transferred from Missouri Western on 2/4/2022.] |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 27
RULE 16 NOTICE. Proposed scheduling order due by 11/11/2021. Rule 26 conference due by 11/1/2021. Signed on 9/27/21 by District Judge Gary A. Fenner. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 26 DISCLOSURE OF CORPORATE INTERESTS of FarUV Technologies, Inc filed by Benjamin Allen Stelter-Embry on behalf of Defendant Far UV Technologies.(Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 25 SUGGESTIONS in support re #24 MOTION for judgment on the pleadings filed by Benjamin Allen Stelter-Embry on behalf of Defendant Far UV Technologies. (Related document(s) #24 ) (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 24 MOTION for judgment on the pleadings filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. Suggestions in opposition/response due by 10/12/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 23 SUGGESTIONS in support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin Allen Stelter-Embry on behalf of Defendant Far UV Technologies. (Related document(s) #22 ) (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. Suggestions in opposition/response due by 10/12/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 21 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against All Plaintiffs on behalf of Far UV Technologies.(Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 20
ORDER granting #19 motion to withdraw as attorney. Attorney Julia Kolibachuk terminated. Signed on 9/8/21 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 19 MOTION to withdraw as attorney (Julia Kolibachuk) filed by Brent P. Ray on behalf of High Energy Ozone LLC, S. Edward Neister. Suggestions in opposition/response due by 9/21/2021 unless otherwise directed by the court. (Ray, Brent) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 18 RETURN OF SERVICE of complaint executed by All Plaintiffs. Far UV Technologies served on 7/23/2021, answer due 9/27/2021. (Pospisil, Michael) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 17
ORDER granting #10 motion for leave to appear as local counsel. Signed on 8/17/21 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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Filing 16
ORDER granting #12 Motion for Extension of Time to Answer. Far UV Technologies answer due 9/27/21..Signed on 8/4/21 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) [Transferred from Missouri Western on 2/4/2022.]
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Filing 15
ORDER granting #11 , #13 and #14 motion to appear pro hac vice entered by Clerk of Court. Attorney David B. Conrad, Lance E. Wyatt and Collin J. Marshall for Far UV Technologies allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 14 Motion to allow Collin J. Marshall to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7522299) filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 13 Motion to allow Lance E. Wyatt to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7522287) filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 12 MOTION for extension of time to file answer to Complaint filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. Suggestions in opposition/response due by 8/18/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 11 Motion to allow David B. Conrad to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7522248) filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. (Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 10 MOTION for leave to appear AS LOCAL COUNSEL filed by Benjamin Allen Stelter-Embry on behalf of Far UV Technologies. Suggestions in opposition/response due by 8/18/2021 unless otherwise directed by the court. (Attorney Benjamin Allen Stelter-Embry added to party Far UV Technologies(pty:dft))(Stelter-Embry, Benjamin) [Transferred from Missouri Western on 2/4/2022.] |
| SUMMONS ISSUED as to Far UV Technologies. (Crocker, Susan) [Transferred from Missouri Western on 2/4/2022.] |
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Filing 9
ORDER granting #3 , #4 , and #5 motions to appear pro hac vice entered by Clerk of Court. Attorneys Brent P. Ray, Abby L. Parsons, and Julia Kolibachuk allowed to appear pro hac vice for High Energy Ozone LLC, S. Edward Neister. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) [Transferred from Missouri Western on 2/4/2022.]
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| Filing 8 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 7 Report on the filing of an action regarding patent number(s) 8,975,605 and 9,700,642. Plaintiff(s): High Energy Ozone LLC et al Lead Attorney for Plaintiff(s): Matthew Swift Pospisil Swift LLC 1600 Genessee St. Suite 340 Kansas City, MO 64102 816-895-6440 Fax: 816-895-9161 Email: mts@pslawkc.com Defendant(s): Far UV Technologies The civil complaint is attached. (Attachments: #1 Complaint) (Woods, Gloria) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 6 NOTICE of appearance by Matthew Swift on behalf of All Plaintiffs (Attorney Matthew Swift added to party High Energy Ozone LLC d/b/a Far-UV Sterilray(pty:pla), Attorney Matthew Swift added to party S. Edward Neister(pty:pla))(Swift, Matthew) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 5 Motion to allow Julia Kolibachuk to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7419268) filed by Michael Dale Pospisil on behalf of All Plaintiffs. (Pospisil, Michael) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 4 Motion to allow Abby L. Parsons to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7419267) filed by Michael Dale Pospisil on behalf of All Plaintiffs. (Pospisil, Michael) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 3 Motion to allow Brent P. Ray to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7419266) filed by Michael Dale Pospisil on behalf of All Plaintiffs. (Pospisil, Michael) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Michael Dale Pospisil on behalf of Plaintiff High Energy Ozone LLC d/b/a Far-UV Sterilray.(Pospisil, Michael) [Transferred from Missouri Western on 2/4/2022.] |
| Filing 1 COMPLAINT against All Defendants filed by Michael Dale Pospisil on behalf of All Plaintiffs. Filing fee $402, receipt number 917155. Service due by 8/16/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Pospisil, Michael) (Additional attachment(s) added on 5/18/2021: #16 Civil Cover Sheet) (Woods, Gloria). [Transferred from Missouri Western on 2/4/2022.] |
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