Maxill Inc. v. Loops, LLC et al
| Maxill Inc. |
| Loops, LLC and Loops Flexbrush LLC. |
| 2:2017cv01825 |
| December 5, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Whatcom |
| Thomas S. Zilly |
| Patent |
| 35 U.S.C. ยง 145 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
175
MINUTE ORDER: The Court ORDERS that this matter shall remain stayed and DIRECTS the parties to file another Joint Status Report within fourteen (14) days after the proceedings in Canada, including any appeals, have concluded, or by June 30, 2024, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (LH)
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Filing
167
MINUTE ORDER: The Court hereby STAYS this case pending further order. The parties shall file a Joint Status Report within fourteen (14) days after the proceedings in Canada, including any appeals, have concluded, or by June 30, 2022, whichever occurs earlier. Authorized by Judge Thomas S. Zilly. (SR)
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Filing
160
MINUTE ORDER: Mandate having been issued by the United States Court of Appeals for the Federal Circuit, see docket no. 159 , this case is returned to the Court's active docket, and the parties are DIRECTED to file a Joint Status Report withi n fourteen (14) days of the date of this Minute Order indicating when they will be prepared to proceed to trial, how long any trial will likely last, and whether they agree to conduct the trial virtually, and setting forth any issues that might affect the case schedule. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
150
MINUTE ORDER: The motion for reconsideration, docket no. 126 , brought by Loops, L.L.C. and Loops Flexbrush L.L.C. is DENIED; The motion for attorney's fees, docket no. 128 , brought by Maxill Inc., an Ohio corporation, and Maxill Inc., a Canadian corporation, is also DENIED. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
145
MINUTE ORDER: The unopposed motion to seal, docket no. 127 , brought by Maxill Inc., an Ohio corporation, and Maxill Inc., a Canadian corporation, is GRANTED. The unredacted version of Maxill's motion for attorney's fees, docket no. [ 128], and supporting materials, docket no. 129 , shall remain under seal. Maxill's motion for attorney's fees, docket no. 128 , is RENOTED to 1/31/2020, and will be considered after the Court rules on the pending motion for reconside ration, docket no. 126 . Maxill's motion, docket no. 135 , for extension of time to tax costs is GRANTED. Maxill's motion to tax costs, docket no. 136 , which was filed one day late, will be considered timely submitted. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
139
ORDER granting in part and denying in part Loops, LLC and Loops Flexbrush, LLC's 138 Motion for Extension of Time to file Notice of Appeal: In light of the intervening holidays, an extension is GRANTED. Any notice of appeal shall be filed within fourteen (14) days of the date of this Minute Order. The request to extend the time to file a notice of appeal until Saturday, 2/1/2020, is DENIED. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
134
MINUTE ORDER RENOTING Loops, L.L.C. and Loops Flexbrush, L.L.C.'S 126 MOTION for Reconsideration. The motion is renoted to 1/31/2020; Loops to file supplemental brief on or before 1/3/2020; Response to motion and supplemental brief due 1/27/2020; Any reply due by new noting date. Authorized by Judge Thomas S. Zill; (PM)
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Filing
133
MINUTE ORDER: Maxill's motion to seal, docket no. 127 , which was improperly noted for the day before it was filed, is RENOTED to the third Friday after filing, i.e., 1/3/2020. Maxill has filed a motion for attorney's fees in both unre dacted and redacted form, docket nos. 128 and 130 , respectively, and has noted both versions as motions. The redacted version, docket no. 130 , is STRICKEN as duplicative. Authorized by Judge Thomas S. Zilly. (MW) (Main Document 133 replaced on 12/18/2019) (MW).
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Filing
123
ORDER: The motion for partial summary judgment, docket no. 81 , brought by Loops is DENIED, and the cross-motion for summary judgment, docket nos. 101 & 102 , brought by Maxill is GRANTED. The infringement claim and counterclaim asserted by Lo ops against Maxill-Canada and Maxill-Ohio, respectively, are DISMISSED with prejudice. Maxill's pending motions (i) for partial summary judgment on invalidity and unenforceability, docket no. 84 , and (ii) to strike, docket no. 88 , are STRICKEN as moot. Maxill-Ohio's first and third claims seeking declaratory judgment regarding invalidity and unenforceability are STRICKEN without prejudice as moot. Signed by Judge Thomas S. Zilly.(MW)
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Filing
121
MINUTE ORDER striking Maxill's 108 Motion to Seal. The Court sua sponte DIRECTS that the following materials shall remain under seal: (i) Maxill's unredacted reply brief, docket no. 107 ; (ii) the unredacted declaration of John Shaw and exhibits 26 and 28 thereto, docket no. 109 ; and (iii) the unredacted declaration of Mudit Kakar and exhibits 29 and 31 thereto, docket no. 110 . On or before noon on Thursday, November 14, 2019, the parties shall submit to the Court the followi ng items: (i) a sample of the accused, allegedly infringing device; and (ii) a sample of the patent holder's preferred embodiment. Such materials shall be provided in envelopes marked "COURTESY COPY FOR CHAMBERS OF JUDGE ZILLY" and delivered to the Clerk's Office on the lobby level of the courthouse. Authorized by Judge Thomas S. Zilly. (TH)
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Filing
105
MINUTE ORDER granting Maxill's 82 , 83 Motions to Seal; granting Maxill's 87 Second Motion to Seal; striking improperly noted motions to seal, Dkts. 98 and 100 ; directing Loops to file redacted versions of the materials described (See Minute Order) within seven (7) days of the date of this Minute Order, and to link such documents (in CM/ECF) to both their unredacted counterparts and the motion to which they are responsive. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
80
MINUTE ORDER denying Plaintiff's 65 Motion to Enforce, Maxill having now clarified that its customer list should be treated as "Confidential - Attorneys Eyes Only," all parties and lawyers in this matter shall proceed accordingly. The Court declines to award attorney's fees or costs to either side; denying Loops, LLC and Loops Flexbrush, LLC's 72 Motion to Amend, If Loops wishes to pursue claims relating to United States Patent No. 10,334,940, it may commence a new action and pay the required filing fee. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
79
MINUTE ORDER denying Maxill Inc., a Canadian corporation, and Maxill Inc., an Ohio corporation's 74 Motion for Reconsideration. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
71
CLAIM CONSTRUCTION ORDER by Judge Thomas S. Zilly. (SWT)
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Filing
70
MINUTE ORDER denying Loops, LLC and Loops Flexbrush, LLC's 50 Motion for Protective Order and Stay; granting in part and denying in part Maxill-Canada and Maxill-Ohio's 46 Motion to Compel; reminding counsel of their obligation to pro vide working or courtesy copies of voluminous filings; granting Loops's 63 Motion to Seal: Dkt. 64 shall remain under seal; granting Maxill's 67 Motion to Seal: Dkt. 68 shall remain under seal; reminding counsel that motions to seal shall be noted for the third Friday after filing unless they are unopposed or stipulated. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
61
MINUTE ORDER dismissing Loops, LLC's and Loops Flexbrush, LLC's claims against defendant Does 1-10 ; granting in part and denying in part parties' 54 Stipulated Motion to Extend Certain Deadlines: Expert Witness Disclosure deadline i s extended to 7/19/2019, Rebuttal Expert Disclosure deadline is extended to 8/16/2019 ; granting Maxill Inc., an Ohio corporation, and Maxill Inc., a Canadian corporation's 41 Motion to Seal: Dkts. 42 , 43 , 44 shall remain under seal ; granting Loops's 51 Motion to Seal: Dkt. 52 , 52-1 - 52-5 shall remain under seal ; granting Maxill's 58 Motion to Seal: Dkt. 60 shall remain under seal; denying Maxill's 55 Motion to Strike Loops's Untimely Response to Maxill's Motion to Compel ; granting Maxill's alternative 55 Motion to File a Reply to Loops's Response. Authorized by Judge Thomas S. Zilly.(SWT)(Does 1-10 terminated.)
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Filing
40
MINUTE ORDER directing Loops, L.L.C. and Loops Flexbrush, L.L.C. to SHOW CAUSE by 5/31/2019, why defendants Does 1-10 should not be dismissed for failure to identify and join such entities; regarding parties' 32 , 34 First Submission Under L CR 37, and parties' 35 , 37 Second Submission Under LCR 37, See Minute Order for details. Except as granted in Paragraphs 2 and 3, (See Minute Order), the LCR 37 submissions are DENIED. The Court DECLINES to award attorneys' fees or c osts in connection with either of the parties' LCR 37 submissions. Expert Witness Disclosure/Reports under FRCP 26(a)(2) deadline extended to 6/28/2019. Motions related to expert witnesses deadline extended to 10/10/2019. Pretrial Order due by 1/10/2020, Rebuttal Expert Disclosure/Reports deadline extended to 7/26/2019. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
39
MINUTE ORDER granting parties' 33 Stipulated Motion to Seal; granting parties' 36 Stipulated Motion to Seal; terminating plaintiff Maxill Inc's 37 Unredacted Version of Second LCR 37 Submission; directing parties to provide co urtesy copies of their first and second LCR 37 submissions and related materials within three (3) days of the date of this minute Order; directing parties to also provide courtesy copies of their claim construction briefing and supporting documents within seven (7) days of the date of this Minute Order. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
25
PROTECTIVE ORDER re parties' 24 Joint MOTION for Protective Order, by Judge Thomas S. Zilly. (SWT)
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Filing
23
MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES. Length of trial: 5 days; Jury Trial is set for 1/27/2020 at 09:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. Statement of asserted claims and preliminary infringement contentions due 9/12/2018, Statement of preliminary invalidity contentions due 10/12/2018, Opening claim construction briefs due 3/11/2019, Responsive claim construction briefs due 3/26/2019, Discovery completed by 8/1/2019, Dispositive motions due by 10/3/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/24/2019, Joint claim chart due 1/15/2019, Reports from expert witnesses regarding Markman issues due 1/15/2019, Rebuttal expert reports regarding Markman issues due 2/14/2019, Motions due by 7/3/2019, Motions in Limine due by 12/26/2019, Rebuttal Expert Disclosure/Reports due by 6/24/2019, Pretrial Conference set for 1/17/2020 at 10:00 AM before Judge Thomas S. Zilly. Pretrial Order due by 1/10/2020, Trial briefs and Proposed voir dire/jury instructions due by 1/10/2020. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
19
MINUTE ORDER directing the Clerk to disregard plaintiff Maxill Inc.'s 18 Praecipe. The caption of this case shall remain as indicated. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
17
MINUTE ORDER granting parties' stipulated motion to consolidate cases (Dkt. 15 , in C17-1825 TSZ). C17-1825 TSZ and C18-1026 TSZ are hereby CONSOLIDATED for all purposes. All future pleadings, motions, briefs, and other papers shall be filed only in Case No. C17-1825 TSZ. Attorney Kent M. Walker, who has appeared as counsel of record for Loops, LLC and Loops Flexbrush, LLC in C17-1825 TSZ, need not file another application to proceed pro hac vice with respect to C18-1026 TSZ. Attor ney Karthik Nadesan must file a pro hac vice application in C17-1825 TSZ within 14 days if Mr. Nadesan wishes to continue as counsel of record for Loops, LLC and Loops Flexbrush. Similarly, if counsel representing Maxill Inc. in Utah will participate in this matter following its transfer, they must file appropriate applications to proceed pro hac vice. The 7/30/2018 Deadline for a Joint Status Report is stricken. Parties to file a revised Joint Status Report within 21 days of this Minute Order. Authorized by Judge Thomas S. Zilly. (PM) cc: Karthik Nadesan, Kimberly Neville, Bryon J. Benevento via ECF ad hoc by Judge Thomas S. Zilly. (PM)
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Filing
14
MINUTE ORDER staying this matter pending resolution of Bob Barker Company, Inc.'s and Maxill Inc.'s motions to dismiss the complaint in the Utah case. Within fourteen (14) days after resolution or by 7/30/2018 the parties shall file an updated Joint Status Report. Authorized by Judge Thomas S. Zilly. (SWT)
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