Rosco, Inc. v. Safety Vision, LLC et al
| Rosco Inc |
| Shenzhen Germid Electronic Technology Development Co. Ltd., John Doe Corporation, Global Media Industry Group Co. Ltd. and Safety Vision LLC |
| 4:2020cv03376 |
| September 30, 2020 |
| US District Court for the Southern District of Texas |
| Vanessa D Gilmore |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 101 ANSWER to #95 Answer to Amended Complaint, Counterclaim with Jury Demand by Rosco Inc, filed.(Hartunian, Richard) |
| Filing 100 NOTICE of Appearance by Jonathan M. Hyman on behalf of Rosco Inc, filed. (Hyman, Jonathan) |
| Filing 99 NOTICE of Appearance by Jonathan M. Hyman on behalf of Rosco Inc, filed. (Hyman, Jonathan) |
| Filing 98 NOTICE of Appearance by Eric Tautfest on behalf of Rosco Inc, filed. (Tautfest, Eric) |
Filing 97
ORDER granting #96 Motion for Andrew Case to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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| Filing 96 MOTION for Andrew Case to Appear Pro Hac Vice by Rosco Inc, filed. Motion Docket Date 12/9/2020. (Hartunian, Richard) |
| Filing 95 ANSWER to #52 Amended Complaint/Counterclaim/Crossclaim etc.,,, with Jury, COUNTERCLAIM against All Plaintiffs by Shenzhen Germid Electronic Technology Development Co. Ltd., Safety Vision LLC, filed.(McGettigan, Patrick) |
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Filing 94
ORDER granting #91 Motion for Thomas Rammer II to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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Filing 93
ORDER granting #90 Motion for Sailesh Patel to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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Filing 92
ORDER granting #89 Stipulation. Defendants shall have until 11/3/2020 to Answer the Second Amended Complaint. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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| Filing 91 MOTION for Thomas A Rammer, II to Appear Pro Hac Vice by Safety Vision LLC, Shenzhen Germid Electronic Technology Development Co. Ltd., filed. Motion Docket Date 11/20/2020. (McGettigan, Patrick) |
| Filing 90 MOTION for Sailesh Patel to Appear Pro Hac Vice by Safety Vision LLC, Shenzhen Germid Electronic Technology Development Co. Ltd., filed. Motion Docket Date 11/20/2020. (McGettigan, Patrick) |
| Filing 89 STIPULATION by Safety Vision LLC, Shenzhen Germid Electronic Technology Development Co. Ltd., filed. (Attachments: #1 Proposed Order)(McGettigan, Patrick) |
| Filing 88 CERTIFICATE OF INTERESTED PARTIES by Safety Vision LLC, filed.(McGettigan, Patrick) |
| Filing 87 CERTIFICATE OF INTERESTED PARTIES by Rosco Inc, filed.(Hartunian, Richard) |
| Filing 86 NOTICE of Appearance by Richard S. Hartunian on behalf of Rosco Inc, filed. (Hartunian, Richard) |
| Filing 85 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (ChristopherSarratadi, 4) |
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Filing 84
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/22/2021 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(ChristopherSarratadi, 4)
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| Filing 83 Case electronically transferred in from New York Southern. Case Number 1:19-cv-08933. (ltien, 4) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Texas.(tro) |
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Filing 82
MEMORANDUM OPINION AND ORDER re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas: For the foregoing reasons, Safety Vision's motion to transfer this case to the Southern District of Texas is GRANTED. Additionally, the Court approves the redactions temporarily approved at ECF Nos. 67 and 69, for substantially the reasons stated at ECF Nos. 65 and 68 and because the Court did not need to rely on the redacted material to decide the underlying motion. The Clerk of Court is directed to terminate ECF No. 32, to transfer this case to the Southern District of Texas, and to close the case in this District. (Signed by Judge Jesse M. Furman on 9/18/2020) (jwh) Transmission to Office of the Clerk of Court for processing.
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Filing 81
ORDER: denying #76 Letter Motion for Leave to File Document. Application DENIED. The Court will advise the parties if, upon closer view of the parties' submissions, it concludes a further response is warranted and appropriate. The Clerk of Court is directed to terminate ECF No. 76. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/27/2020) (ama)
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Filing 80
ORDER: granting #77 Letter Motion for Extension of Time to Answer. Application GRANTED. Plaintiff shall serve a copy of this order on Defendant Shenzen Germid and shall file proof of such service on the docket within two business days. The Clerk of Court is directed to terminate ECF No. 77. SO ORDERED Shenzhen Germid Electronic Technology Development Co. Ltd. answer due 9/28/2020. (Signed by Judge Jesse M. Furman on 8/27/2020) (ama)
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| Filing 79 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Andrew Case dated 8/27/2020 re: #76 LETTER MOTION for Leave to File Response to Plaintiffs Adverse Inference Request addressed to Judge Jesse M. Furman from Sailesh K. Patel dated August 26, 2020. . Document filed by Rosco, Inc.. (Attachments: #1 Exhibit A - 30(b)(6) Notice, #2 Exhibit B - Deposition Excerpts).(Case, Andrew) |
| Filing 78 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Andrew Case dated 8/27/2020 re: #76 LETTER MOTION for Leave to File Response to Plaintiffs Adverse Inference Request addressed to Judge Jesse M. Furman from Sailesh K. Patel dated August 26, 2020. . Document filed by Rosco, Inc., Safety Vision, LLC. (Attachments: #1 Exhibit A - 30(b)(6) Notice, #2 Exhibit B - Deposition Excerpts)Motion or Order to File Under Seal: #69 .(Case, Andrew) |
| Filing 77 LETTER MOTION for Extension of Time to File Answer re: #52 Amended Complaint,,, by Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. addressed to Judge Jesse M. Furman from Jason Xu dated 8/27/2020. Document filed by Rosco, Inc...(Case, Andrew) |
| Filing 76 LETTER MOTION for Leave to File Response to Plaintiffs Adverse Inference Request addressed to Judge Jesse M. Furman from Sailesh K. Patel dated August 26, 2020. Document filed by Safety Vision, LLC. (Attachments: #1 Exhibit Exhibit A - Email Chain, #2 Exhibit Exhibit B - Roscos 30(b)(6) notice).(Patel, Sailesh) |
| Filing 75 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. (redacted pursuant to Dkt No. 69). Document filed by Safety Vision, LLC. (Attachments: #1 Rammer Decl ISO Supplemental Brief re Venue, #2 Ex. A - REDACTED Deposition Transcript of Bruce Smith, August 18, 2020, #3 Ex. B - REDACTED Deposition Transcript of Brandon Blood, August 17, 2020, #4 Ex. C - Safety Vision LLC's response to Rosco's Venue Related Interrogatories. August 11, 2020, #5 Ex. D - Brandon Blood Business Card, #6 Ex. E - Brandon Blood E-mail Signature).(Sadeghi, Kayvan) |
| Filing 74 ***SELECTED PARTIES***SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. . Document filed by Safety Vision, LLC, Rosco, Inc.. (Attachments: #1 Rammer Decl ISO Supplemental Brief re Venue, #2 Ex. A - Highly Confidential Deposition Transcript of Bruce Smith, August 18, 2020, #3 Ex. B - Highly Confidential Deposition Transcript of Brandon Blood, August 17, 2020, #4 Ex. C - Safety Vision LLC's response to Rosco's Venue Related Interrogatories. August 11, 2020, #5 Ex. D - Brandon Blood Business Card, #6 Ex. E - Brandon Blood E-mail Signature)Motion or Order to File Under Seal: #69 .(Sadeghi, Kayvan) |
| Filing 73 DECLARATION of Andrew Case (supplemental) (redacted) in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas.. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit A - Deposition Excerpts, #2 Exhibit B - Deposition Excerpts, #3 Exhibit C - 30(b)(6) Notice, #4 Exhibit D - LinkedIn of Eric Storey, #5 Exhibit E - LinkedIn of Frank Bowden, #6 Exhibit F- LinkedIn of Eric Fritz, #7 Exhibit G - Exhibit 1 to the depositions of Brandon Blood and Bruce Smith, #8 Exhibit H - Exhibit 2 to the depositions of Brandon Blood and Bruce Smith, #9 Exhibit I - Exhibit 3 to the depositions of Brandon Blood and Bruce Smith, #10 Exhibit J - Exhibit 4 to the depositions of Brandon Blood and Bruce Smith, #11 Exhibit K - Exhibit 5 to the depositions of Brandon Blood and Bruce Smith, #12 Exhibit L - Ring Central Website, #13 Exhibit M - Exhibit 13 to the deposition of Bruce Smith, #14 Exhibit N - Exhibit 7 to the depositions of Brandon Blood and Bruce Smith).(Case, Andrew) |
| Filing 72 ***SELECTED PARTIES***DECLARATION of Andrew Case (supplemental) in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas.. Document filed by Rosco, Inc., Safety Vision, LLC. (Attachments: #1 Exhibit A - Deposition Excerpts, #2 Exhibit B - Deposition Excerpts, #3 Exhibit C - 30(b)(6) Notice, #4 Exhibit D - LinkedIn of Eric Storey, #5 Exhibit E - LinkedIn of Frank Bowden, #6 Exhibit F- LinkedIn of Eric Fritz, #7 Exhibit G - Exhibit 1 to the depositions of Brandon Blood and Bruce Smith, #8 Exhibit H - Exhibit 2 to the depositions of Brandon Blood and Bruce Smith, #9 Exhibit I - Exhibit 3 to the depositions of Brandon Blood and Bruce Smith, #10 Exhibit J - Exhibit 4 to the depositions of Brandon Blood and Bruce Smith, #11 Exhibit K - Exhibit 5 to the depositions of Brandon Blood and Bruce Smith, #12 Exhibit L - Ring Central Website, #13 Exhibit M - Exhibit 13 to the deposition of Bruce Smith, #14 Exhibit N - Exhibit 7 to the depositions of Brandon Blood and Bruce Smith)Motion or Order to File Under Seal: #69 .(Case, Andrew) |
| Filing 71 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. (redacted pursuant to Dkt No. 69). Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 70 ***SELECTED PARTIES***SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. . Document filed by Rosco, Inc., Safety Vision, LLC. Motion or Order to File Under Seal: #69 .(Hartunian, Richard) |
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Filing 69
ORDER granting #68 Letter Motion to Seal: The motion to seal is granted temporarily following Safety Vision's broader proposal. The Court will decide whether and to what extent to keep the documents at issue redacted when deciding the underlying motion. To the extent that they have not already done so, the parties are instructed to file redacted and highlighted, unredacted versions of the documents at issue on ECF (conforming to Safety Vision's proposal), in accordance with the Court's Individual Rules and Practices 7(C)(ii)-(iii). The Clerk of Court is directed to terminate ECF No. 68. (Signed by Judge Jesse M. Furman on 8/24/2020) (jwh)
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| Filing 68 JOINT LETTER MOTION to Seal deposition transcripts addressed to Judge Jesse M. Furman from Richard S. Hartunian and Sailesh Patel dated August 24, 2020. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit A - Deposition Excerpts, #2 Exhibit B - Deposition Excerpts, #3 Exhibit C - 8/21/2020 Email, #4 Exhibit D - 8/21/2020 Email, #5 Exhibit E - Deposition Exhibit, #6 Exhibit F - Deposition Exhibit).(Hartunian, Richard) |
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Filing 67
STIPULATED PROTECTIVE ORDER FOR VENUE RELATED DISCOVERY...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/13/20) (yv)
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Filing 66
ORDER granting #64 Motion for Patrick McGettigan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 65 PROPOSED PROTECTIVE ORDER. Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 64 MOTION for Patrick McGettigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safety Vision, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Sadeghi, Kayvan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Patrick McGettigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 63 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Patrick McGettigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-21102797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safety Vision, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Sadeghi, Kayvan) Modified on 8/11/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #63 MOTION for Patrick McGettigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-21102797. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from TEXAS SUPREME COURT;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) |
| Filing 62 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. Shenzhen Germid Electronic Technology Development Co. Ltd. served on 8/7/2020, answer due 8/28/2020. Service was accepted by XIAOCUI WANG, a/k/a Selina Wang. Service was made by EMail at selina@germid.cn, selina730519@gmail.com and Carbon@germid.cn, pursuant to Court Order. Document filed by Rosco, Inc...(Case, Andrew) |
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Filing 61
MEMO ENDORSED ORDER granting #56 Motion to Serve Defendant Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. by Email, pursuant to Fed.R.Civ.P. 4(f)(3). ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 56. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/6/20) (yv)
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| Filing 60 DECLARATION of Gary Balsam in Support re: #56 MOTION to Serve Defendant Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. by Email, pursuant to Fed.R.Civ.P. 4(f)(3).. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - Email Stream).(Case, Andrew) |
| Filing 59 DECLARATION of Alex Timian in Support re: #56 MOTION to Serve Defendant Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. by Email, pursuant to Fed.R.Civ.P. 4(f)(3).. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - Germid Shenzhen's corporate registration in China, #2 Exhibit 2 - Property Records for Diamond Bar, CA Property).(Case, Andrew) |
| Filing 58 DECLARATION of Andrew C. Case in Support re: #56 MOTION to Serve Defendant Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. by Email, pursuant to Fed.R.Civ.P. 4(f)(3).. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - Germid Shenzhen's corporate registration in China, #2 Exhibit 2 - Translator's Statement, #3 Exhibit 3 - English Translation of Germid Shenzhen's registration in China, #4 Exhibit 4 - Property Records for Diamond Bar, CA Property, #5 Exhibit 5 - Affidavit of Service).(Case, Andrew) |
| Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Serve Defendant Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. by Email, pursuant to Fed.R.Civ.P. 4(f)(3). . Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 56 MOTION to Serve Defendant Shenzhen Germid Electronic Technology Development Co. Ltd., a.k.a. Global Media Industry Group Co. Ltd. by Email, pursuant to Fed.R.Civ.P. 4(f)(3). Document filed by Rosco, Inc...(Hartunian, Richard) |
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Filing 55
ORDER granting in part and denying in part #38 Motion for Discovery. The Court concludes that much of the discovery sought by Rosco, Inc. ("Rosco") is disproportionate or irrelevant to the venue inquiry. Accordingly, the Court will allow only the following: (1) depositions of Brandon Blood and of a corporate representative pursuant to Rule 30(b)(6) limited to two hours each and to the topic of venue; and (2) Interrogatories 1, 2, 3, 8, 10, and 15 listed in Rosco's First Set of Interrogatories Related to Venue Discovery, ECF No. 37-6. Safety Vision, LLC shall complete responses to the above-listed Interrogatories no later than August 11, 2020. The above-listed depositions shall be completed no later than August 18, 2020 (and given the current global health crisis, the parties should consider remote options for depositions). Following this limited venue discovery, the parties shall file supplemental briefs on Safety Vision, LLC's motion to dismiss or transfer for improper venue no later than August 25, 2020. The Clerk of Court is directed to terminate ECF No. 38. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/28/20) (yv)
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| Filing 54 ELECTRONIC SUMMONS ISSUED as to Shenzhen Germid Electronic Technology Development Co. Ltd...(pne) |
| Set/Reset Deadlines: Brief due by 8/25/2020. Deposition due by 8/18/2020. (yv) |
| Filing 53 REQUEST FOR ISSUANCE OF SUMMONS as to SHENZHEN GERMID ELECTRONIC TECHNOLOGY DEVELOPMENT CO. LTD., a.k.a. GLOBAL MEDIA INDUSTRY GROUP CO. LTD., re: #52 Amended Complaint,,,. Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 52 SECOND AMENDED COMPLAINT amending #30 Amended Complaint,,, against Safety Vision, LLC, Shenzhen Germid Electronic Technology Development Co. Ltd. with JURY DEMAND.Document filed by Rosco, Inc.. Related document: #30 Amended Complaint,,,. (Attachments: #1 Exhibit 1 - Portion of Safety Vision's website adverting that it has a "satellite office" in New York, #2 Exhibit 2 - Account Executive Info. for Brandon Blood, #3 Exhibit 3- Mr. Blood's LinkedIn, #4 Exhibit 4 - alumni newsletter for the McCoy College of Business, #5 Exhibit 5 - '716 Patent, #6 Exhibit 6 - '429 Patent, #7 Exhibit 7 - '521 Patent, #8 Exhibit 8 - '639 Patent, #9 Exhibit 9 - '802 Patent, #10 Exhibit 10 - Photos of the Accused Device, #11 Exhibit 11 - Side-by-side picture, #12 Exhibit 12 - Photo of of the '429 patent listing).(Hartunian, Richard) |
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Filing 51
ORDER granting #45 Motion to Amend/Correct. In light of the foregoing, Plaintiffs motion to amend the complaint, ECF No. 45, is GRANTED. By July 23, 2020, Plaintiff shall file its second amended complaint naming Shenzhen Germid Electronic Technology Development Co. Ltd. as a defendant. Defendants' non-opposition to the motion does not constitute waiver of any arguments made with respect to transfer, and the pending motion to transfer or dismiss will be treated as applicable to the newly amended complaint. The Clerk of Court is directed to terminate ECF No. 45. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2020) (ks)
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| Set/Reset Deadlines: Amended Pleadings due by 7/23/2020. (ks) |
| Filing 50 LETTER addressed to Judge Jesse M. Furman from Sailesh K. Patel dated July 22, 2020 re: #45 Motion to Amend/Correct. Document filed by Safety Vision, LLC..(Patel, Sailesh) |
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Filing 49
ORDER with respect to #45 Motion to Amend/Correct: No later than July 22, 2020, Defendants shall file a letter indicating whether they would oppose the motion for leave to amend if the Court were to deem such non-opposition not to waive any arguments they have made with respect to transfer (and if the Court were to treat the pending motion to transfer or dismiss as applicable to the newly amended complaint). If they would oppose the motion even with those understandings, they shall file their formal opposition no later than July 27, 2020; any reply would then be due by July 31, 2020. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 48 DECLARATION of Andrew C. Case in Support re: #45 MOTION to Amend/Correct #30 Amended Complaint,,, .. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - Proposed Second Amended Complaint, #2 Exhibit 2 - Redline Comparison of Second Amended Complaint, #3 Exhibit 3 - November 5, 2019 Email from Sailesh Patel, #4 Exhibit 4 - December 6, 2019 Email from Mr. Hartunian to Mr. Patel, #5 Exhibit 5 - December 7, 2019 Email from Mr. Patel to Mr. Hartunian, #6 Exhibit 6 - December 18, 2019 Email from Mr. Patel to Mr. Hartunian, #7 Exhibit 7 - July 11, 2020 Email from Mr. Patel to Mr. Hartunian).(Case, Andrew) |
| Filing 47 DECLARATION of Benjamin Englander in Support re: #45 MOTION to Amend/Correct #30 Amended Complaint,,, .. Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION to Amend/Correct #30 Amended Complaint,,, . . Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 45 MOTION to Amend/Correct #30 Amended Complaint,,, . Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 44 ELECTRONIC SUMMONS ISSUED as to John Doe Corporation..(pc) |
| Filing 43 REQUEST FOR ISSUANCE OF SUMMONS as to JOHN DOE CORPORATION, re: #30 Amended Complaint,,,. Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 42 DECLARATION of Andrew Case in Support re: #38 CROSS MOTION for Discovery (venue based/jurisdictional).. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - Defendant's "About Us" webpage as of 2/27/20, #2 Exhibit 2 - Defendant's website as of 2/27/20).(Case, Andrew) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: #38 CROSS MOTION for Discovery (venue based/jurisdictional). . Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 40 REPLY MEMORANDUM OF LAW in Support re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. . Document filed by Safety Vision, LLC. (Attachments: #1 Second Declaration of Bruce H. Smith ISO Motion to Dismiss or Transfer, #2 Declaration of Sailesh K. Patel ISO Motion to Dismiss or Transfer, #3 Letter dated December 18, 2019 to Judge Judge Furman, #4 Exhibit Plaintiff Rosco, Inc.'s First set of Interrogatories to Defendant Safety Vision, LLC, #5 Exhibit B. Plaintiff Rosco, Inc.'s First set of Requests for Production to Defendant Safety Vision, LLC).(Sadeghi, Kayvan) |
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Filing 39
ORDER with respect to #38 Cross-Motion for Discovery. In light of Plaintiff's cross-motion, Defendants are granted until February 21, 2020, to file a single, consolidated memorandum of law in further support of their motion and in opposition to Plaintiff's cross-motion; Plaintiff shall file any reply with respect to its cross-motion, not to exceed five pages, by February 28, 2020. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 38 CROSS MOTION for Discovery (venue based/jurisdictional). Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 37 DECLARATION of Andrew Case in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas.. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - Defendant's About Us webpage as of 12/26/19, #2 Exhibit 2 - Mr. Blood's LinkedIn profile from 12/26/19, #3 Exhibit 3 - Defendant's Pupil Transportation Executives webpage from 12/6/2019, #4 Exhibit 4 - Defendant's Pupil Transportation Executives webpage from 1/10/20, #5 Exhibit 5 - Department of Marketing's January/February 2019 Newsletter published by Texas State Universitys McCoy College of Business, #6 Exhibit 6 - Rosco's First Set of Interrogatories, #7 Exhibit 7 - Rosco's First Set of Requests for Production, #8 Exhibit 8 - Screen Shot from 1/31/20, #9 Exhibit 9 - Screen Shot from 2/3/20, #10 Exhibit 10 Judicial Analytics Report from Bloomberg Law from 1/27/20).(Case, Andrew) |
| Filing 36 DECLARATION of Richard S. Hartunian in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas.. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit A - December 9, 2019 Email Stream, #2 Exhibit B - December 12, 2019 Email Stream, #3 Exhibit C - January 2, 2020 Email Stream).(Hartunian, Richard) |
| Filing 35 DECLARATION of Benjamin Englander in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas.. Document filed by Rosco, Inc...(Hartunian, Richard) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. . Document filed by Rosco, Inc...(Hartunian, Richard) |
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Filing 33
ORDER denying as moot #16 Motion to Dismiss. In light of Defendant's new motion to dismiss, see Docket No. 32, Defendant's earlier motion to dismiss filed at Docket No. 16 is hereby DENIED as moot. Plaintiff's opposition to the new motion to dismiss is due by February 7, 2020. Defendant's reply, if any, is due by February 14, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. The Clerk of Court is directed to terminate Docket No. 16. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/27/20) (yv)
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| Set/Reset Deadlines as to #32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. Responses due by 2/7/2020. Replies due by 2/14/2020. (yv) |
| Filing 32 AMENDED MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. Document filed by Safety Vision, LLC. (Attachments: #1 Memorandum ISO Mot. to Dismiss or Transfer, #2 Smith Decl. ISO Mot. to Dismiss or Transfer, #3 Rammer Decl. ISO Mot. to Dismiss or Transfer, #4 Exhibit Exhibit Rammer Decl. Ex. A)(Sadeghi, Kayvan) |
| Filing 31 EXHIBIT TO PLEADING re: #30 Amended Complaint,,,. Document filed by Rosco, Inc..(Hartunian, Richard) |
| Filing 30 FIRST AMENDED COMPLAINT amending #1 Complaint, against John Doe Corporation, Safety Vision, LLC with JURY DEMAND.Document filed by Rosco, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1 - Portion of Safety Vision's website adverting that it has a "satellite office" in New York, #2 Exhibit 2 - Account Executive Info. for Brandon Blood, #3 Exhibit 3 - Mr. Blood's LinkedIn, #4 Exhibit 4 - alumni newsletter for the McCoy College of Business, #5 Exhibit 5 - '716 Patent, #6 Exhibit 6 - '429 Patent, #7 Exhibit 7 - '521 Patent, #8 Exhibit 8 - '639 Patent, #9 Exhibit 9 - '802 Patent, #10 Exhibit 10 - Photos of the Accused Device, #11 Exhibit 11 - Side-by-side picture, #12 Exhibit 12 - Photo of of the '429 patent listing)(Hartunian, Richard) |
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Filing 29
ORDER granting #28 Letter Motion for Leave to File Document. Application GRANTED. The Court gives Plaintiff leave to refile the First Amended Complaint nunc pro tunc. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/7/2020) (va)
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| Filing 28 LETTER MOTION for Leave to File Amended Complaint nunc pro tunc or for a correction to Docket No. 27 addressed to Judge Jesse M. Furman from Richard S. Hartunian dated January 6, 2020. Document filed by Rosco, Inc..(Hartunian, Richard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Samuel Hartunian to RE-FILE re: Document No. #27 Amended Complaint,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; the pleading was filed incorrectly on the due date set by the Court, therefore consent from the opposing party/parties or Court's leave will be required before re-filing the Amended Complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne) |
| Filing 27 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint, against Rosco, Inc., John Doe Corporation with JURY DEMAND.Document filed by Rosco, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1 - Portion of Safety Vision website adverting that it has a "satellite office" in New York, #2 Exhibit 2 - Account Executive Info for Brandon Blood, #3 Exhibit 3 - Mr. Blood's LinkedIn, #4 Exhibit 4 - alumni newsletter for the McCoy College of Business, #5 Exhibit 5 - '716 Patent, #6 Exhibit 6 - '429 Patent, #7 Exhibit 7 - '521 Patent, #8 Exhibit 8 - '639 Patent, #9 Exhibit 9 - '802 Patent, #10 Exhibit 10 - Photos of the Accused Device, #11 Exhibit 11 - Side-by-side picture, #12 Exhibit 12 - Photo of of the '429 patent listing)(Hartunian, Richard) Modified on 1/6/2020 (pne). |
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Filing 26
ORDER denying #24 Letter Motion for Local Rule 37.2 Conference. Upon review of the parties' letters, the Court concludes that whether venue-related discovery is appropriate should be briefed, and decided, in connection with the motion to dismiss or transfer. That is, Plaintiff should address the basis for venue-related discovery in its opposition to the motion. That said, the parties are encouraged to continue their discussions regarding the production of limited venue-related discovery on a voluntary basis, if only because it may avoid delay later if the Court decides that venue-related discovery is warranted; if the parties agree on venue-related discovery and it warrants modification of the motion deadline, they should advise the Court by letter motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 25 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Sailesh K. Patel dated December 18, 2019 re: #24 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Richard S. Hartunian dated December 13, 2019. . Document filed by Safety Vision, LLC. (Attachments: #1 Exhibit Ex A - Rosco_s First Set of Interrogatories - Venue 12-9-19, #2 Exhibit Ex B - Rosco_s First Set of Requests for Production - Venue 12-9-19)(Patel, Sailesh) |
| Filing 24 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Richard S. Hartunian dated December 13, 2019. Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - http://www.safetyvision.com/about-us, #2 Exhibit 2 - http://www.safetyvision.com/pupil-transportation-industry, #3 Exhibit 3 - https://www.linkedin.com/in/brandon-blood-69634370/, #4 Exhibit 4 - https://gato-docs.its.txstate.edu/jcr:dd72877c-04d6-4ca6-9dbe-91bc7334ba61/January% 20&%20February%202019%20Newsletter.pdf)(Hartunian, Richard) |
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Filing 23
ORDER granting #21 Motion for Thomas A. Rammer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 22
ORDER granting #20 Motion for Sailesh K. Patel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Thomas A. Rammer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18264232. Motion and supporting papers to be reviewed by Clerk's Office staff., #20 MOTION for Sailesh K. Patel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18264186. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 21 MOTION for Thomas A. Rammer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18264232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safety Vision, LLC. (Attachments: #1 Affidavit Rammer LR 1.3 Affidavit., #2 Text of Proposed Order Rammer Proposed Order for Admission Pro Hac Vice.)(Rammer, Thomas) |
| Filing 20 MOTION for Sailesh K. Patel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18264186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safety Vision, LLC. (Attachments: #1 Affidavit Patel LR 1.3 Affidavit, #2 Patel Proposed Order for Admission Pro Hac Vice)(Patel, Sailesh) |
| Set/Reset Deadlines: Responses due by 1/3/2020. (va) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate Docket No. 18. SO ORDERED. Amended Pleadings due by 1/3/2020. (Signed by Judge Jesse M. Furman on 12/10/2019) (va) Modified on 12/11/2019 (va).
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| Filing 18 LETTER MOTION for Extension of Time to amend the complaint or oppose Defendant's motion to dismiss addressed to Judge Jesse M. Furman from Richard S. Hartunian dated December 9, 2019. Document filed by Rosco, Inc..(Hartunian, Richard) |
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Filing 17
ORDER: terminating #16 Motion to Dismiss. Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by December 18, 2019. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by December 18, 2019. In light of the holidays, Defendants' reply, if any, shall be filed by January 3, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for December 17, 2019, is adjourned sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/02/2019) (ama)
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| Filing 16 MOTION to Dismiss or in the alternative to Transfer to the Southern District of Texas. Document filed by Safety Vision, LLC. (Attachments: #1 Memorandum ISO Mot. to Dismiss or Transfer, #2 Smith Decl. ISO Mot. to Dismiss or Transfer, #3 Rammer Decl. ISO Mot. to Dismiss or Transfer, #4 Exhibit Rammer Decl. Ex. A)(Sadeghi, Kayvan) Modified on 12/19/2019 (yv). |
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Filing 15
ORDER granting #14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Jesse M. Furman from Andrew C. Case dated 11/5/2019. Document filed by Rosco, Inc. Application GRANTED. Defendant's deadline to respond to Plaintiff's complaint is extended until November 27, 2019. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED. Safety Vision, LLC answer due 11/27/2019. (Signed by Judge Jesse M. Furman on 11/6/2019) (rjm)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Jesse M. Furman from Andrew C. Case dated 11/5/2019. Document filed by Rosco, Inc.. (Attachments: #1 Text of Proposed Order Previously Submitted via ECF Dkt No. 13)(Case, Andrew) |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Rosco, Inc.. (Case, Andrew) |
| Filing 12 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Safety Vision, LLC. (sj) |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/17/2019 at 03:45 PM in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/29/2019) (mro) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Safety Vision, LLC, re: #1 Complaint,. Document filed by Rosco, Inc.. (Hartunian, Richard) |
| Filing 8 CIVIL COVER SHEET filed. (Hartunian, Richard) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Samuel Hartunian to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard Samuel Hartunian to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF 'To' section is not a party of record;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Eligible for Patent Pilot Program. (jgo) |
| Filing 7 NOTICE OF APPEARANCE by Andrew Claude Case on behalf of Rosco, Inc.. (Case, Andrew) |
| Filing 6 NOTICE OF APPEARANCE by Irah Hyman Donner on behalf of Rosco, Inc.. (Donner, Irah) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rosco, Inc..(Hartunian, Richard) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Safety Vision, LLC, re: #1 Complaint,. Document filed by Rosco, Inc.. (Hartunian, Richard) Modified on 9/27/2019 (jgo). |
| Filing 3 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Hartunian, Richard) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Hartunian, Richard) Modified on 9/27/2019 (jgo). |
| Filing 1 COMPLAINT against John Doe Corporation, Safety Vision, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17665181)Document filed by Rosco, Inc.. (Attachments: #1 Exhibit 1 - '716 Patent, #2 Exhibit 2 - '429 Patent, #3 Exhibit 3 - '521 Patent, #4 Exhibit 4 - '639 Patent, #5 Exhibit 5 - '802 Patent, #6 Exhibit 6 - Accused Device, #7 Exhibit 7 - side-by-side picture, #8 Exhibit 8 - picture of '429 patent listing)(Hartunian, Richard) |
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