Schmeisser GmbH v. AC-Unity d.o.o et al
| Schmeisser GmbH |
| RTG Parts LLC and AC-Unity d.o.o |
| 0:2021cv00024 |
| February 12, 2021 |
| US District Court for the District of Wyoming |
| Kelly H Rankin |
| Scott W Skavdahl |
| Patent |
| 35 U.S.C. § 145 |
| Both |
Docket Report
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| Document Text |
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| Filing 47 ANSWER to #41 Answer to Complaint, Counterclaim by Schmeisser GmbH. (Hike, J. Blake) |
| Filing 46 FILED INCORRECTLY - SEE DOCKET ENTRY #44 - AFFIDAVIT of Patrick J. Schilling re #44 MOTION for Reconsideration re #40 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, , filed by Defendant RTG Parts LLC. (Gillette, Sara Weilert) Modified on 4/12/2021 (Court Staff, stbd). |
| Filing 45 MEMORANDUM in Support of #44 Motion for Reconsideration filed by Defendant RTG Parts LLC. (Gillette, Sara Weilert) |
| Filing 44 MOTION for Reconsideration re #40 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, , filed by Defendant RTG Parts LLC. (Attachments: #1 Exhibit A (Declaration of Caleb Watkins))(Gillette, Sara Weilert) (Additional attachment(s) added on 4/12/2021: #2 Exhibit Affidavit of Patrick Schilling) (Court Staff, stbd). |
| Filing 43 NOTICE by Counter Defendant Schmeisser GmbH, Plaintiff Schmeisser GmbH of Attorney Withdrawal (Stedillie, Alaina) |
| Filing 42 NOTICE of Attorney Appearance by Hampton K O'Neill on behalf of Schmeisser GmbH (O'Neill, Hampton) |
| Filing 41 ANSWER to Complaint with Affirmative Defenses, with Jury Demand and, COUNTERCLAIM with Jury Demand against Counter-Defendant Schmeisser GmbH by RTG Parts LLC. (Gillette, Sara Weilert) |
Filing 40
ORDER by the Honorable Scott W Skavdahl granting #6 Motion for Preliminary Injunction against RTG Parts, LLC; denying #28 Motion for Temporary Restraining Order against AC-Unity d.o.o. See Order for details. (Copy of Order sent to finance on 4/1/21) (Court Staff, skb) (Main Document 40 replaced on 3/19/2021 to correct time on file stamp.) (Court Staff, skb). Modified on 3/19/2021 (Court Staff, skb). Modified on 4/1/2021 (Court Staff, skb).
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| Filing 39 SUPPLEMENTAL MEMORANDUM in Opposition to #6 Motion for Preliminary Induction filed by Defendant RTG Parts LLC. (Attachments: #1 Exhibit J-3 (Preliminary Invalidity Claim Chart for US 10,866,045 Pufgun Quad-Stack Magazine), #2 Exhibit L (U.S. Patent Publication 20100269389 Laparra)) (Gillette, Sara Weilert) Modified text on 3/16/2021 (Court Staff, skb). |
| Filing 38 Post-Hearing BRIEF filed by Plaintiff Schmeisser GmbH. (Attachments: #1 Exhibit 50, #2 Exhibit 51) (Masterson, John) |
| Filing 37 SECOND AFFIDAVIT of Robert L. Johnson -DECLARATION UNDER PENALTY OF PERJURY- filed by Defendant RTG Parts LLC. (Attachments: #1 Exhibit J-2 (additional photos of PUFGUN Russian AK74 60rd Quad Stack Magazine)) (Gillette, Sara Weilert) Modified text on 3/10/2021 (Court Staff, skb). |
| Filing 36 Minute ORDER denying without prejudice #19 Motion to Dismiss. Minute Entry: Motion Hearing held on 3/8/2021. Motion for Preliminary Injunction #6 taken under advisement. Proceedings held before Honorable Scott W Skavdahl. (Court Reporter Megan Strawn.) (Attachments: #1 Schmeisser Admitted Exhibits, #2 RTG Admitted Exhibits Part 1, #3 RTG Admitted Exhibits Part 2) (Court Staff, skb) Parties shall supplement the Court with briefing as to the preliminary injunction on or before end of business on Friday, March 12, 2021. Supplements are limited to 15 pages, double spaced. Modified text on 3/9/2021 (Court Staff, skb). |
| Filing 35 Notice of Pro Hac Vice Attorney Appearance by Chad Nitta on behalf of RTG Parts LLC Filing fee $ 100, receipt number AWYDC-1904045. (Nitta, Chad) |
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Filing 34
ORDER by the Honorable Kelly H Rankin granting #33 Motion for Chad T. Nitta to appear pro hac vice. (Email sent to counsel.) (Court Staff, skb) Modified text on 3/5/2021 (Court Staff, skb).
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| Filing 33 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Chad T. Nitta to appear pro hac vice; Check not tendered; filed by Defendant RTG Parts LLC. (Attachments: #1 Exhibit A -- Affidavit of Chad Nitta, #2 Proposed Order)(Koehmstedt, Rick) |
| Filing 32 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by Defendant RTG Parts LLC. (Attachments: #1 Exhibit A (Declaration of Robert L. Johnson), #2 Exhibit B (USPTO File History of the 045 Patent), #3 Exhibit C (U.S. Patent Application Publication 2012/0131831 to Sullivan), #4 Exhibit C-1 (Preliminary Invalidity Claim Chart for US 10,866,045 US 2012/0131831 to Sullivan), #5 Exhibit D (WO 2015/113122 to Haralampiev), #6 Exhibit D-1 (Preliminary Invalidity Claim Chart for US 10,866,045 WO 2015/113122 to Haralampiev), #7 Exhibit E (Russian Patent No. 2,588,558 (original Russian language)), #8 Exhibit E-1 (Google Translate machine translation of Russian Patent No. 2,588,558), #9 Exhibit F (Prior Art Product: Close up pics of the 50 round AK74 mag, 8/19/2012), #10 Exhibit F-1 (Preliminary Invalidity Claim Chart for US 10,866,045 Russian Quad-Stack Magazine), #11 Exhibit G (Prior Art Product: AK Quad Stack Magazine, September 9, 2016), #12 Exhibit G-1 (Archive.org of Prior Art Product: AK Quad Stack Magazine, September 9, 2016), #13 Exhibit H (Preliminary Invalidity Claim Chart for US 10,866,045 SureFire Mag5-60 Quad-Stack Magazine)) (Gillette, Sara Weilert) |
| Filing 31 Minute ORDER denying #23 Motion to Continue (Dispositive);and Minute Entry: Status Conference held on 3/4/2021. Proceedings held before Honorable Scott W Skavdahl: (Court Reporter Megan Strawn.) (Court Staff, skb) |
| Filing 30 Notice of Pro Hac Vice Attorney Appearance by Jon A Bragalone on behalf of Schmeisser GmbH (Bragalone, Jon) |
| Filing 29 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Leave for Representative to Appear Remotely at 16 Hearing on Motion for Preliminary Injunction filed by Plaintiff Schmeisser GmbH. (Attachments: #1 Proposed Order Proposed Order on Motion for Leave for Witness to Appear Remotely)(Hike, J. Blake) Modified text and termed motion on 3/5/2021 (Court Staff, skb). |
| Filing 28 First MOTION for Temporary Restraining Order filed by Plaintiff Schmeisser GmbH. (Attachments: #1 Exhibit 2 - Exhibit 1 - Taylor 2021.01.06 Email Re US Patent., #2 Exhibit 3 - Exhibit 2 - ACU Response, #3 Exhibit 4 - Exhibit 3 - Additional Email to ACU)(Hike, J. Blake) |
| Filing 27 First RESPONSE to #23 MOTION to Continue (Dispositive). Requesting continuance of Hearing on Motion for Preliminary Injunction filed by Plaintiff Schmeisser GmbH. (Attachments: #1 Exhibit 2 - Exhibit 1 - Declaration of A. Schumacher, #2 Exhibit 3 - Exhibit 1A - OP Vereinbarung, #3 Exhibit 4 - Exhibit 1B - April 20, 2017 Agreement Translated, #4 Exhibit 5 - Exhibit 2 - GEIA Section 6, #5 Exhibit 6 - Exhibit 3 - 2020.23.12 Letter, #6 Exhibit 7 - Exhibit 4 - RTG Screenshot.Jan.2019, #7 Exhibit 8 - Exhibit 5 - RTG Screenshot Current, #8 Exhibit 9 - Exhibit 6 - 2021.01.05 - Order from RTG, #9 Exhibit 10 - Exhibit 7 - RTG Screenshot ACU) (Hike, J. Blake) |
| Filing 26 Notice of Pro Hac Vice Attorney Appearance by J. Blake Hike on behalf of Schmeisser GmbH (Hike, J. Blake) |
| Filing 25 NOTICE of Hearing: BY TELEPHONE - All parties shall appear by telephone through the Courts conference call system. Guests call: Toll Free 1-888-278-0296| Access code 7368031# | Join as guest Press # |Security code 2600#. Status Conference set for 3/4/2021 02:00 PM before Honorable Scott W Skavdahl. (Court Staff, skb) |
| Filing 24 MEMORANDUM in Support of #23 Motion to Continue (Dispositive) filed by Defendant RTG Parts LLC. (Koehmstedt, Rick) |
| Filing 23 MOTION to Continue (Dispositive). Requesting continuance of Hearing on Motion for Preliminary Injunction filed by Defendant RTG Parts LLC. (Attachments: #1 Proposed Order Granting Motion to Continue)(Koehmstedt, Rick) |
| Filing 22 Notice of Pro Hac Vice Attorney Appearance by Jason Jackson on behalf of RTG Parts LLC Filing fee $ 100, receipt number AWYDC-1900915. (Jackson, Jason) |
| Filing 21 Notice of Pro Hac Vice Attorney Appearance by Sara Weilert Gillette on behalf of RTG Parts LLC Filing fee $ 100, receipt number AWYDC-1900793. (Gillette, Sara Weilert) |
| Filing 20 MEMORANDUM in Support of #19 Motion to Dismiss filed by Defendant RTG Parts LLC. (Attachments: #1 Affidavit Declaration of Sara Gillette, #2 Exhibit A, #3 Exhibit B) (Koehmstedt, Rick) |
| Filing 19 MOTION to Dismiss for Failure to Join a Necessary Party filed by Defendant RTG Parts LLC. (Koehmstedt, Rick) |
| FINANCIAL ENTRY: Payment of $200 received for pro hac vice fees for J. Blake Hike and Jon A Bragalone. Receipt CHY034373. (Court Staff, sjk) |
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Filing 18
ORDER by the Honorable Kelly H Rankin granting #17 Motion for Jason S. Jackson and Sara Gillette to appear pro hac vice. (Email sent to counsel.) (Court Staff, skb)
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| Filing 17 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Jason S. Jackson and Sara Gillette to appear pro hac vice; Check not tendered; filed by Defendant RTG Parts LLC. (Attachments: #1 Exhibit A -- Affidavit of Jason Jackson, #2 Exhibit B -- Affidavit of Sara Gillette, #3 Proposed Order)(Koehmstedt, Rick) Modified text on 2/26/2021 (Court Staff, skb). |
| Filing 16 (TEXT-ONLY) NOTICE of Hearing on #6 MOTION for Preliminary Injunction IN-PERSON. Motion Hearing RESET for 3/8/2021 at 08:15 AM in Casper Courtroom No. 2 (Room No. 204) before Honorable Scott W Skavdahl. (Court Staff, skb) |
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Filing 15
ORDER by the Honorable Kelly H Rankin granting #14 Motion for Extension of Time. Defendant's response to Plaintiff's Motion for Preliminary Injunction #6 is due March 4, 2021. (Court Staff, smh)
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| Filing 14 MOTION REFERRED TO Judge Kelly H Rankin. Stipulated MOTION for Extension of Time (Non-Dispositive) requesting extension of Deadline to Respond to Motion for Preliminary Injunction filed by Defendant RTG Parts LLC. (Attachments: #1 Proposed Order Granting Motion to Extend)(Koehmstedt, Rick) |
| Filing 13 NOTICE of Attorney Appearance by Rick L Koehmstedt on behalf of RTG Parts LLC (Koehmstedt, Rick) |
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Filing 12
ORDER by the Honorable Kelly H Rankin granting #10 Motion for J. Blake Hike and Jon A. Bragalone to appear pro hac vice. (Email sent to counsel.) (Court Staff, skb) (Main Document 12 replaced on 2/24/2021 to add judge's signature) (Court Staff, skb).
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| Filing 11 SUMMONS Returned Executed by Schmeisser GmbH. RTG Parts LLC served on 2/18/2021, answer due on 3/11/2021 (Masterson, John) |
| Filing 10 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for J. Blake Hike and Jon A. Bragalone to appear pro hac vice; Check not tendered; filed by Plaintiff Schmeisser GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Masterson, John) |
| Filing 9 (TEXT-ONLY) NOTICE of Hearing on #6 MOTION for Preliminary Injunction IN-PERSON. Motion Hearing set for 3/9/2021 at 01:15 PM in Casper Courtroom No. 2 (Room No. 204) before Honorable Scott W Skavdahl. (Court Staff, skb) |
| Filing 8 NOTICE of Attorney Appearance by Alaina Marie Stedillie on behalf of Schmeisser GmbH (Stedillie, Alaina) |
| Filing 7 MEMORANDUM in Support of #6 Motion for Preliminary Injunction filed by Plaintiff Schmeisser GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 2, #6 Exhibit 3) (Masterson, John) |
| Filing 6 MOTION for Preliminary Injunction filed by Plaintiff Schmeisser GmbH. (Masterson, John) |
| Filing 5 NOTICE of Attorney Appearance by John A Masterson on behalf of Schmeisser GmbH (Masterson, John) |
| Filing 4 Summons Issued to RTG Parts LLC (Court Staff, sbh) |
| Filing 3 Summons Issued to AC-Unity d.o.o (Court Staff, sbh) |
| Filing 2 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Scott W. Skavdahl with a referral to Magistrate Judge Kelly H. Rankin. (Court Staff, sbh) |
| Filing 1 COMPLAINT against AC-Unity d.o.o, RTG Parts LLC with Jury Demand. (Filing fee $ 402,Receipt Number AWYDC-1893113)Attorney John A Masterson added to party Schmeisser GmbH(pty:pla), filed by Schmeisser GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Summons, #5 Summons, #6 Civil Cover Sheet) (Masterson, John) |
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