TruSun Technologies, LLC et al v. Eaton Corporation et al
| John F Johnston, TruSun Technologies, LLC d/b/a TruSolis Technologies, The Johnston Family Trust, John F. Johnston and TruSun Technologies, LLC doing business as TruSolis Technologies |
| Cooper Lighting, LLC doing business as Cooper Lighting Solutions |
| Cooper Lighting, LLC, Eaton Corporation and Signify Holding B.V. |
| TruSun Technologies, LLC |
| 6:2019cv00656 |
| November 12, 2019 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Text Order GRANTING #61 Motion for Leave to File entered by Judge Alan D Albright. The Court hereby grants leave for the filing of Plaintiffs' Third Amended Complaint, previously filed by Plaintiffs without leave of Court as Dkt. No. 58 (This is a text-only entry generated by the court. There is no document associated with this entry.) (re)
|
| Filing 61 Joint MOTION for Leave to File Third Amended Complaint by Cooper Lighting, LLC, Eaton Corporation, Signify Holding B.V.. (Attachments: #1 Proposed Order Granting Leave to File)(Simpson, Amy) |
| Filing 60 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Greene, Gilbert) |
| Filing 59 Attorneys filing Amended Complaints adding patents-in-dispute must update the form AO120, FLATTEN, and e-file using the "Notice of Filing of Patent/Trademark Form" event. Specifically, please add patents 10,154,560; 10,182,485; 10,539,310; 10,371,345; 10,502,399; 10,517,153; 10,470,270; 10,136,501; 10,492,266; 10,117,303; 10,502,400; 10,631,377; and 10,701,778 to the patents in suit in this case (lad) |
| Filing 58 AMENDED COMPLAINT (Third) against All Defendants amending, filed by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Exhibit 1-42)(Greene, Gilbert) |
| Filing 57 Plaintiffs ANSWER to #56 Answer to Complaint,, Counterclaim, by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC.(Greene, Gilbert) |
|
Text Order GRANTING #55 Motion to Withdraw as Attorney entered by Judge Alan D Albright. It is hereby ORDERED that Jun Zheng of the Duane Morris LLP law firm be allowed to withdraw and is hereby withdrawn as counsel for Plaintiffs in the above matter. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re)
|
| Filing 56 First Amended ANSWER to Complaint with Jury Demand , COUNTERCLAIM against The Johnston Family Trust, TruSun Technologies, LLC by Eaton Corporation, Signify Holding B.V., Cooper Lighting, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Simpson, Amy) |
| Filing 55 Unopposed MOTION to Withdraw as Attorney Jun Zheng by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Proposed Order)(Greene, Gilbert) |
|
Filing 54
PROTECTIVE ORDER. Signed by Judge Alan D Albright. (lad)
|
|
Filing 53
ORDER GRANTING #52 Motion for Protective Order. Signed by Judge Alan D Albright. (am)
|
| Filing 52 Joint MOTION for Protective Order (Stipulated) by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Proposed Order)(Greene, Gilbert) |
|
Text Order MOOTING #18 Motion to Dismiss for Failure to State a Claim entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re)
|
| Filing 51 Transcript filed of Proceedings held on September 17, 2020, Proceedings Transcribed: Videoconference Markman Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/3/2020, Redacted Transcript Deadline set for 12/14/2020, Release of Transcript Restriction set for 2/10/2021, (lr) |
| Filing 50 Transcript filed of Proceedings held on July 29, 2020, Proceedings Transcribed: Videoconference Motion Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/3/2020, Redacted Transcript Deadline set for 12/14/2020, Release of Transcript Restriction set for 2/10/2021, (lr) |
|
Filing 49
AMENDED SCHEDULING ORDER: Joinder of Parties due by 11/30/2020, Amended Pleadings due by 12/10/2020, Dispositive/Daubert Motions due by 10/8/2021, Pretrial Conference set for 12/16/2021 before Judge Alan D Albright, Jury Trial set for 1/10/2022 before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad)
|
| Filing 48 Proposed Scheduling Order (Joint Motion to Enter Agreed Scheduling Order) by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Proposed Order)(Greene, Gilbert) |
| Filing 47 ANSWER to #43 Answer to Amended Complaint,, Counterclaim, by TruSun Technologies, LLC.(Greene, Gilbert) |
| Filing 46 Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing held on 9/17/2020. Case called for Markman Hearing. Parties discussed claim terms that are at issue. The Defendants did not agree with some of the constructions and the Court reserved their right for objection on the record. The Court maintained it's preliminary constructions for the claim terms - plain and ordinary meaning. The Court and parties conferred and the Jury Trial date is set for January 10, 2022. Discovery can begin tomorrow morning. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(am) |
| Filing 45 NOTICE of Attorney Appearance by M. Craig Tyler on behalf of Cooper Lighting, LLC, Eaton Corporation. Attorney M. Craig Tyler added to party Cooper Lighting, LLC(pty:dft), Attorney M. Craig Tyler added to party Eaton Corporation(pty:dft) (Tyler, M.) |
|
Filing 44
ORDER RESETTING ZOOM MARKMAN HEARING TIME for 9/17/2020 09:03 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad)
|
| Filing 43 ANSWER to #42 Amended Complaint with Jury Demand . Attorney Amy E. Simpson added to party Signify Holding B.V.(pty:dft), COUNTERCLAIM against The Johnston Family Trust, TruSun Technologies, LLC by Eaton Corporation, Signify Holding B.V., Cooper Lighting, LLC.(Simpson, Amy) |
| Filing 42 SECOND AMENDED COMPLAINT against Cooper Lighting, LLC, Eaton Corporation, Signify Holding B.V. amending #15 Amended Complaint, filed by TruSun Technologies, LLC, John F. Johnston, The Johnston Family Trust.(lad) |
|
Text Order GRANTING #40 Motion to Amend Complaint entered by Judge Alan D Albright. Before the Court is Plaintiff's Unopposed Motion for Leave to File a Second Amended Complaint. The Court GRANTS the motion.(This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
|
| Filing 41 STATUS REPORT -Joint Claim Construction Statement by Cooper Lighting, LLC, Eaton Corporation. (Simpson, Amy) |
| Filing 40 Unopposed MOTION to Amend Complaint by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit 1-77)(Greene, Gilbert) |
| Filing 39 Received in Clerk's Office: copies of Defendants' Opening, Responsive and Reply Claim Construction Briefs. (lad) |
| Filing 38 Documents received via FedEx: Plaintiffs' Opening, Responsive and Reply Claim Construction Briefs. (lad) |
| Filing 37 BRIEF by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Greene, Gilbert) |
| Filing 36 BRIEF by Cooper Lighting, LLC, Eaton Corporation. (Simpson, Amy) |
| Filing 35 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 7/29/2020 re #18 Motion to Dismiss for Failure to State a Claim filed by Cooper Lighting, LLC, Eaton Corporation. Case called for Motion Hearing on defendant's motions. The Court determined that, at this time, the motion(s) should be denied. The issue may be further argued in a motion for summary judgment, or be an issue at trial but should not be handled by the Court's ruling at this point in the case. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lad) |
|
Filing 34
ORDER SETTING MOTION HEARING BY ZOOM for 7/29/2020 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad)
|
|
Text Order MOOTING #10 Motion to Dismiss entered by Judge Alan D Albright. In light of ECF No. 18, the Court MOOTS this motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
|
| Filing 33 BRIEF by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Greene, Gilbert) |
| Filing 32 BRIEF by Cooper Lighting, LLC, Eaton Corporation. (Attachments: #1 Affidavit of Dr. Alfonso Ortega)(Simpson, Amy) |
| Filing 31 Thumbdrive received. (lad) |
| Filing 30 BRIEF by Cooper Lighting, LLC, Eaton Corporation. (Attachments: #1 Affidavit of Amy Simpson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 2, #5 Affidavit of Dr. Alfonso Ortega, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H)(Simpson, Amy) |
| Filing 29 BRIEF by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Memo in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Greene, Gilbert) |
| Filing 28 PLAINTIFFS SURREPLY IN OPPOSITION TO #18 DEFENDANTS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT, filed by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC(lad) |
|
Text Order GRANTING #25 Motion for Leave to File entered by Judge Alan D Albright. Before the Court is Plaintiffs' Opposed Motion for Leave to File a Surreply in Opposition to Defendants' Motion to Dismiss. Because good cause exists, the Court GRANTS the motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
|
|
Text Order GRANTING #27 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
|
| Filing 27 MOTION to Appear Pro Hac Vice by Skyler M. Howton for ADAM HESTER ( Filing fee $ 100 receipt number 0542-13611609) by on behalf of Cooper Lighting, LLC, Eaton Corporation. (Attachments: #1 Proposed Order)(Howton, Skyler) |
| Filing 26 Memorandum in Opposition to Motion, filed by Cooper Lighting, LLC, Eaton Corporation, re #25 Opposed MOTION for Leave to File a Surreply in Opposition to Motion to Dismiss filed by Plaintiff John F. Johnston, Plaintiff TruSun Technologies, LLC, Plaintiff The Johnston Family Trust -- DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE A SUR-REPLY -- (Howton, Skyler) |
| Filing 25 Opposed MOTION for Leave to File a Surreply in Opposition to Motion to Dismiss by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Greene, Gilbert) |
| Filing 24 REPLY to Response to Motion, filed by Cooper Lighting, LLC, Eaton Corporation, re #18 Motion to Dismiss for Failure to State a Claim filed by Defendant Cooper Lighting, LLC, Defendant Eaton Corporation -- Defendants' Reply In Support of Its Motion to Dismiss the First Amended Complaint -- (Howton, Skyler) |
|
Filing 23
AGREED SCHEDULING ORDER. Markman Hearing set for 9/17/2020 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw)
|
| Filing 22 Proposed Scheduling Order (Agreed) by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. (Greene, Gilbert) |
| Filing 21 RESPONSE to Motion, filed by John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC, re #18 Motion to Dismiss for Failure to State a Claim filed by Defendant Cooper Lighting, LLC, Defendant Eaton Corporation (Greene, Gilbert) |
| Filing 20 Minute Entry for proceedings held before Judge Alan D Albright: Case called for telephonic scheduling conference. Parties discuss the possibility of extending the deadline and the timing with the Markman Hearing. The Court stated that the deadlines regarding additional discovery - if parties have not reached an agreement before the Markman Hearing then the issue will be brought up then. Markman Hearing agreed date September 17, 2020 at 1:30 p.m. Court reviewed his Markman Hearing procedures. Defendants suggest that Eaton Corporation is no longer a party in this suit and they suggest it be removed by 12c or a Motion for Summary Judgment. The Court asked the counsel to let the Law Clerk know when the motion to dismiss is ripe so that the Court can issue an Order as quickly as possible. (Minute entry documents are not available electronically.). (Court Reporter Kritsie Davis.)(am) |
|
Filing 19
ORDER RESETTING TELEPHONIC HEARING, Telephone Conference set for 3/26/2020 02:15 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am)
|
| Filing 18 Motion to Dismiss for Failure to State a Claim by Cooper Lighting, LLC, Eaton Corporation. (Attachments: #1 Appendix A - Redline of Complaint)(Howton, Skyler) |
| Filing 17 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada) |
| Filing 16 NOTICE of Attorney Appearance by Joshua B. Long on behalf of John F. Johnston, The Johnston Family Trust, TruSun Technologies, LLC. Attorney Joshua B. Long added to party John F. Johnston(pty:pla), Attorney Joshua B. Long added to party The Johnston Family Trust(pty:pla), Attorney Joshua B. Long added to party TruSun Technologies, LLC(pty:pla) (Long, Joshua) |
| Filing 15 AMENDED COMPLAINT against All Defendants amending, filed by TruSun Technologies, LLC, John F. Johnston, The Johnston Family Trust. (Attachments: #1 Exhibit 1 - 78)(Greene, Gilbert) |
|
Text Order GRANTING #14 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
|
| Filing 14 MOTION to Appear Pro Hac Vice by Skyler M. Howton -- Motion for Admission Pro Hac Vice - Terrence J. Wikberg ( Filing fee $ 100 receipt number 0542-13298505) by on behalf of Cooper Lighting, LLC, Eaton Corporation. (Attachments: #1 Proposed Order Order)(Howton, Skyler) |
|
Filing 13
ORDER GOVERNING PROCEEDINGS PATENT CASE. Case is SET for a telephonic Rule 16 Case Management Conference on Thursday, March 26, 2020 at 4:15 p.m. before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw)
|
|
Text Order GRANTING #12 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
|
| Filing 12 MOTION to Appear Pro Hac Vice by John Russell Hardin - Motion for Admission Pro Hac Vice Amy E. Simpson ( Filing fee $ 100 receipt number 0542-13242584) by on behalf of Cooper Lighting, LLC, Eaton Corporation. (Attachments: #1 Proposed Order)(Hardin, John) |
| Filing 11 Digital copy of #10 Motion to Dismiss received and placed in clerk's office secure storage. (lad) |
| Filing 10 MOTION to Dismiss by Cooper Lighting, LLC, Eaton Corporation. (Howton, Skyler) |
|
Filing 9
ORDER GRANTING #8 Stipulation filed by Cooper Lighting LLC and Eaton Corporation. Eaton Corporation and Cooper Lighting LLC answer due 2/20/2020. Signed by Judge Alan D Albright. (bw)
|
| Filing 8 STIPULATION and [Proposed] Order to Extend Time by Cooper Lighting, LLC, Eaton Corporation. (Howton, Skyler) |
| Filing 7 SUMMONS Returned Executed by TruSun Technologies, LLC, John F. Johnston, The Johnston Family Trust. Cooper Lighting, LLC served on 1/16/2020, answer due 2/6/2020. (Greene, Gilbert) |
| Filing 6 SUMMONS Returned Executed by TruSun Technologies, LLC, John F. Johnston, The Johnston Family Trust. Eaton Corporation served on 1/16/2020, answer due 2/6/2020. (Greene, Gilbert) |
| Filing 5 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (am) |
| Filing 4 Summons Issued as to Cooper Lighting, LLC. (am) |
| Filing 3 Summons Issued as to Eaton Corporation. (am) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by John F Johnston, The Johnston Family Trust, TruSun Technologies, LLC d/b/a TruSolis Technologies. (Greene, Gilbert) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-12831800), filed by TruSun Technologies, LLC d/b/a TruSolis Technologies, John F Johnston, The Johnston Family Trust. (Attachments: #1 Exhibit 1-64, #2 Civil Cover Sheet)(Greene, Gilbert) |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bw) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
