Tucker Ellis LLP

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Entered
Case
Description
12/10/24
STIPULATION TO EXTEND TIME for Defendant Dyla, LLC to answer the Amended Complaint (D.I. 9) to January 6, 2025 - filed by Dyla, LLC. (Ying, Jennifer) (Entered: 12/10/2024)
12/10/24
ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at https://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 12/10/2024. (dlw) (Entered: 12/10/2024)
12/10/24
Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 12/10/2024 re [13] Motion to Dismiss [9] Amended Complaint for Failure to State a Claim. After hearing arguments, the motion is DENIED. The transcript shall serve as the Court's order. (Court Reporter Susan Migatz - Veritex). (mdb) (Entered: 12/10/2024)
12/10/24
SO ORDERED re [21] STIPULATION TO EXTEND TIME for Defendant Dyla, LLC to answer the Amended Complaint (D.I. 9) to January 6, 2025 (Set/Reset Answer Deadlines: Dyla, LLC answer due 1/6/2025). ORDERED by Judge Maryellen Noreika on 12/10/2024. (dlw) (Entered: 12/10/2024)
11/05/24
NOTICE OF NON-OPPOSITION to Joint NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Infringement, Validity and Enforcement of U.S. Patent Nos. D940,284 and D940,285 [74] Non-Opposition Statement filed by Defendant Vivohome Inc. (Hu, Yitai) (Entered: 11/05/2024)
11/05/24
NOTICE OF ERRATA filed by Defendant Vivohome Inc. correcting Notice of Offer of Judgment [75] Withdrawal of Filing (Hu, Yitai) (Entered: 11/05/2024)
11/05/24
NOTICE of Offer of Judgment filed by defendant Vivohome Inc. (Hu, Yitai) (Entered: 11/05/2024)
10/10/24
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)..(pc) (Entered: 10/10/2024)
08/02/24
STIPULATED ORDER RE PRELIMINARY INJUNCTION by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv) (Entered: 08/02/2024)
08/01/24
Judgment Entry The parties have entered into a Settlement Agreement that resolves all claims at issue in this case. This Court shall retain jurisdiction over any disputes arising under the Settlement Agreement. This case is hereby dismissed with prejudice. See order for details. Judge John R. Adams on 8/1/2024. (E,CK) (Entered: 08/01/2024)