1:16-cv-03135 - Lifted Limited LLC v. Novelty Inc et al.

Detail

Case Number

1:16-cv-03135

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

Colorado District Court

Plaintiff(s)

Lifted Limited LLC

Operating Company

Defendant(s)

Novelty Inc

Wal Mart Stores Inc

Walmart Inc

Judge

N. Reid NeureiterPhilip A. Brimmer

Filing Date

2016-12-20

Termination Date

2024-04-01

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Dockets
Text
CIVIL DOCKET
Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (agarc, ) (Entered: 12/20/2016)
COMPLAINT and Jury Demand against Lifted Limited, LLC (Filing fee $ 400,Receipt Number 1082-5296181)Attorney Brian Patrick O`Donnell added to party Lifted Limited, LLC(pty:pla), filed by Lifted Limited, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons)(O`Donnell, Brian) (Entered: 12/20/2016)
SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (agarc, ) (Entered: 12/20/2016)
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 12/28/16. Scheduling Conference set for 4/12/2017 10:00 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (lgale, ) (Entered: 12/28/2016)
ANSWER to 1 Complaint, by Novelty Inc.. (Attachments: # 1 Exhibit A, provisional application file wrapper, # 2 Exhibit B, utility application file wrapper)(Miller, Amanda) (Entered: 04/28/2017)
NOTICE of Filing Amended Pleading re 1 Complaint, by Plaintiff Lifted Limited, LLC (Attachments: # 1 Exhibit 1)(ODonnell, Brian) (Entered: 05/18/2017)
AMENDED COMPLAINT against Novelty Inc., filed by Lifted Limited, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(ODonnell, Brian) (Entered: 05/18/2017)
Joint MOTION for Protective Order by Plaintiff Lifted Limited, LLC. (Attachments: # 1 Proposed Order (PDF Only))(ODonnell, Brian) (Entered: 05/19/2017)
ANSWER to 19 Amended Complaint , COUNTERCLAIM against Lifted Limited, LLC by Novelty Inc.. (Attachments: # 1 Exhibit Provisional App. File Wrapper)(Miller, Amanda) (Entered: 06/01/2017)
DECLARATION of Michael P. Sherban regarding MOTION for Partial Summary Judgment 33 by Counter Claimant Novelty Inc., Defendant Novelty Inc.. (Attachments: # 1 Exhibit Ex. 1 - U.S. Patent No. D662,655, # 2 Exhibit Ex. 2 - Provisional Patent App. 61/595,532 File Wrapper, # 3 Exhibit Ex. 3 - Non-Provisional Patent App. 13/760,442 File Wrapper Excerpts)(Sherban, Michael) (Entered: 06/05/2017)
RESTRICTED DOCUMENT - Level 1: by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC.. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2 Part 1, # 4 Exhibit 2 Part 2, # 5 Exhibit B, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13)(ODonnell, Brian) (Entered: 06/26/2017)
MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Partial Summary Judgment by Defendant Novelty Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Miller, Amanda) (Entered: 06/28/2017)
Unopposed MOTION for Leave to Restrict by Plaintiff Lifted Limited, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(ODonnell, Brian) (Entered: 07/05/2017)
REPLY to Response to 33 MOTION for Partial Summary Judgment filed by Defendant Novelty Inc.. (Attachments: # 1 Exhibit A, prosecution statements)(Miller, Amanda) (Entered: 07/20/2017)
MOTION to Strike 44 Reply to Response to Motion for Partial Summary Judgment by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC. (Attachments: # 1 Proposed Order (PDF Only))(ODonnell, Brian) (Entered: 07/24/2017)
RESTRICTED DOCUMENT - Level 1: by Plaintiff Lifted Limited, LLC.. (Attachments: # 1 Affidavit Declaration of Kent T. Dallow in Support of Plaintiffs Motion for Leave to Amend Complaint and Join Additional Party, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(ODonnell, Brian) (Entered: 09/29/2017)
Unopposed MOTION for Leave to Restrict by Plaintiff Lifted Limited, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(ODonnell, Brian) (Entered: 10/02/2017)
MOTION for Leave to Restrict by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC. (Attachments: # 1 Exhibit A)(LaFrance, Andrea) (Entered: 11/03/2017)
AMENDED COMPLAINT against Lifted Limited, LLC, filed by Lifted Limited, LLC. (Attachments: # 1 Exhibit 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8)(LaFrance, Andrea) (Entered: 11/20/2017)
SECOND AMENDED COMPLAINT against Novelty Inc., filed by Lifted Limited, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(LaFrance, Andrea) Modified on 11/21/2017 to correct document title. (sphil, ). (Entered: 11/20/2017)
MOTION to Vacate 31 Scheduling Order and Reschedule Claim Construction Proceedings by Defendant Novelty Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Miller, Amanda) (Entered: 12/05/2017)
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 67 Amended Complaint, by Defendant Novelty Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Miller, Amanda) (Entered: 12/12/2017)
Claim Construction Brief . Responses due by 1/2/2018 (Attachments: # 1 Exhibit A, 655 Design Patent, # 2 Exhibit B, Provisional Utility Application, # 3 Exhibit C, Non-provisional Utility Application)(Miller, Amanda) (Entered: 12/12/2017)
ANSWER to 67 SECOND Amended Complaint, , COUNTERCLAIM against Lifted Limited, LLC by Novelty Inc.. (Attachments: # 1 Exhibit A, Provisional Application File Wrapper, # 2 Exhibit B, Utility Application File Wrapper)(Miller, Amanda) Modified on 12/18/2017 to correct document title (sphil, ). (Entered: 12/15/2017)
RESPONSE to 85 Claim Construction Brief filed by Plaintiff Lifted Limited, LLC, Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(LaFrance, Andrea) (Entered: 01/02/2018)
Joint MOTION for Leave to Appear Telephonically at Status Conference by Defendant Wal-Mart Stores, Inc. (Attachments: # 1 Proposed Order (PDF Only))(Rhoades, Meshach) (Entered: 01/18/2018)
Joint MOTION to Amend/Correct/Modify 31 Scheduling Order by Defendant Wal-Mart Stores, Inc. (Attachments: # 1 Proposed Order (PDF Only))(Rhoades, Meshach) (Entered: 03/05/2018)
Unopposed MOTION to Withdraw Kent T. Dallow and Brian P. ODonnell as Counsel by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (Attachments: # 1 Proposed Order (PDF Only))(LaFrance, Andrea) (Entered: 03/06/2018)
Unopposed MOTION for Order to Amend Case Caption by Defendant Wal-Mart Stores, Inc. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Rhoades, Meshach) (Entered: 03/29/2018)
Claim Construction Brief of Defendant Walmart Inc.. Responses due by 4/23/2018 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1, # 4 Exhibit C, Part 2, # 5 Exhibit C, Part 3, # 6 Exhibit D, # 7 Exhibit E)(Rhoades, Meshach) (Entered: 03/30/2018)
Joint STIPULATION and Joint Motion for Entry of a Stipulated [Proposed] Amended Protective Order by Plaintiff Lifted Limited, LLC. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Proposed Amended Protective Order)(Bradford, Aaron) Modified on 4/11/2018 to change event type.(sphil, ). (Entered: 04/10/2018)
RESPONSE to 121 Claim Construction Brief, filed by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(LaFrance, Andrea) (Entered: 04/27/2018)
MOTION to Withdraw as Attorney by Counter Claimant Novelty Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Sherban, Michael) (Entered: 05/02/2018)
REPLY to 121 Claim Construction Brief, by Defendant Walmart Inc.. (Attachments: # 1 Exhibit A)(Rhoades, Meshach) (Entered: 05/11/2018)
Renewed MOTION for Partial Summary Judgment by Defendant Novelty Inc.. (Attachments: # 1 Exhibit A - Defendant Novelty, Inc.s Motion for Partial Summary Judgment, # 2 Exhibit B - Declaration of Michael P. Sherban in Support of Noveltys Motion for Partial Summary Judgment, # 3 Exhibit C - Plaintiff Lifted Limited, LLCs Response in Opposition to Defendants Motion for Partial Summary Judgment - Redacted Public Version Previously Granted Such Status by the Court, # 4 Exhibit D - Defendant Novelty, Inc.s Reply in Support of Motion for Partial Summary Judgment)(Shah, Kalpesh) (Entered: 06/25/2018)
Unopposed MOTION to Withdraw as Attorney Andrea M. LaFrance by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Bradford, Aaron) (Entered: 01/24/2019)
Unopposed MOTION to Withdraw as Attorney by Defendant Novelty Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Shah, Kalpesh) (Entered: 06/25/2020)
Unopposed MOTION for Extension of Time to Extend Deadline by Defendant Walmart Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Harris, Alec) (Entered: 08/05/2020)
NOTICE of Service of Discovery by Plaintiff Lifted Limited, LLC (Attachments: # 1 Exhibit Pls 1st Set of Requests for Admission, # 2 Exhibit Pls 2d Set of Interrogs)(Kieffer, Mishele) (Entered: 08/31/2020)
CORPORATE DISCLOSURE STATEMENT. (O`Donnell, Brian) (Entered: 12/20/2016)
Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (agarc, ) (Entered: 12/20/2016)
NOTICE of Entry of Appearance by Kent Thomas Dallow on behalf of Lifted Limited, LLCAttorney Kent Thomas Dallow added to party Lifted Limited, LLC(pty:pla) (Dallow, Kent) (Entered: 12/21/2016)
SUMMONS Returned Executed by All Plaintiffs. Novelty Inc. served on 3/17/2017, answer due 4/7/2017. (ODonnell, Brian) (Entered: 03/20/2017)
NOTICE of Entry of Appearance by Kalpesh K. Shah on behalf of Novelty Inc.Attorney Kalpesh K. Shah added to party Novelty Inc.(pty:dft) (Shah, Kalpesh) (Entered: 04/03/2017)
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Novelty Inc.. Novelty Inc. answer due 4/28/2017. (Miller, Amanda) (Entered: 04/03/2017)
Joint MOTION to Continue Scheduling Conference by Defendant Novelty Inc.. (Miller, Amanda) (Entered: 04/03/2017)
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/5/17. Joint Motion to Reschedule Scheduling Conference 11 is GRANTED. IT IS FURTHER ORDERED that the Scheduling Conference set for April 12, 2017, at 10:00 a.m. is VACATED and RESET to May 30, 2017, at 9:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (lgale, ) (Entered: 04/05/2017)
NOTICE of Entry of Appearance by Michael P. Sherban on behalf of Novelty Inc.Attorney Michael P. Sherban added to party Novelty Inc.(pty:dft) (Sherban, Michael) (Entered: 04/19/2017)
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Lifted Limited, LLC All parties do not consent.. (Dallow, Kent) (Entered: 05/12/2017)
MINUTE ORDER re: 15 Consent/Non-Consent to Jurisdiction of Magistrate Judge filed by Lifted Limited, LLC. This case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 5/15/2017 (jgonz, ) (Entered: 05/15/2017)
MINUTE ORDER granting 20 Joint Stipulation and Motion forEntry of A Stipulated [Proposed] Protective Order, by Magistrate Judge Kristen L. Mix on 5/23/2017. (jgonz, ) (Entered: 05/23/2017)
STIPULATED PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 5/23/2017. (jgonz, ) (Entered: 05/23/2017)
Proposed Scheduling Order by Plaintiff Lifted Limited, LLC. (ODonnell, Brian) (Entered: 05/23/2017)
NOTICE re 27 Minute Order,,, of Appearance by Telephone by Defendant Novelty Inc. (Shah, Kalpesh) (Entered: 05/26/2017)
SCHEDULING ORDER IN A PATENT CASE: Status Conference set for 12/4/2017 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. (jgonz, ) (Entered: 06/01/2017)
MOTION for Partial Summary Judgment by Counter Claimant Novelty Inc., Defendant Novelty Inc.. (Miller, Amanda) (Entered: 06/05/2017)
Plaintiffs ANSWER/REPLY to 32 Answer to Amended Complaint, Counterclaim by Lifted Limited, LLC.(ODonnell, Brian) (Entered: 06/22/2017)
RESPONSE to 45 MOTION to Strike 44 Reply to Response to Motion for Partial Summary Judgment filed by Defendant Novelty Inc.. (Miller, Amanda) (Entered: 08/01/2017)
BRIEF in Support of 45 MOTION to Strike 44 Reply to Response to Motion for Partial Summary Judgment filed by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC. (ODonnell, Brian) (Entered: 08/14/2017)
NOTICE of Entry of Appearance by Andrea M. LaFrance on behalf of Lifted Limited, LLCAttorney Andrea M. LaFrance added to party Lifted Limited, LLC(pty:pla), Attorney Andrea M. LaFrance added to party Lifted Limited, LLC(pty:cd) (LaFrance, Andrea) (Entered: 10/19/2017)
NOTICE of Entry of Appearance by Andrea M. LaFrance on behalf of Lifted Limited, LLC (LaFrance, Andrea) (Entered: 10/19/2017)
BRIEF in Opposition to 49 MOTION for Leave to 48 Restricted Document - Level 1, filed by Defendant Novelty Inc.. (Miller, Amanda) (Entered: 10/20/2017)
RESTRICTED DOCUMENT - Level 1: by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC.. (LaFrance, Andrea) (Entered: 11/03/2017)
REPLY to Response to 49 MOTION for Leave to 48 Restricted Document - Level 1, filed by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC. (LaFrance, Andrea) Modified on 11/6/2017 (Public entry for Restricted Document 57 filed on 11/03/2017. (sphil, ). (Entered: 11/03/2017)
ORDER Regarding Plaintiffs Motion to Amend by Magistrate Judge Gordon P. Gallagher on 11/6/2017 GRANTING 49 Plaintiffs Motion to Amend. It is ordered that Plaintiff shall file a second amended complaint consistent with this Order. (tsher, ) . Modified on 11/8/2017 to correct PDF and docket caption. (jgonz, ). (Entered: 11/07/2017)
RESTRICTED DOCUMENT - Level 1: ORDER Regarding Plaintiffs Motion to Amend. (tsher, ) Modified on 11/8/2017 to correct PDF and docket caption (jgonz, ). (Entered: 11/07/2017)
DISREGARD, FILED IN ERROR RECOMMENDATION Regarding the Joint Motion for Approval of Fair Labor Standards Act Settlement Agreement arrangements, by Magistrate Judge Gordon P. Gallagher on 11/5/2017. The Court respectfully recommends that the parties Settlement Agreement (20-1) be approved. (tsher, ) Modified on 11/8/2017. See 17-cv-1994-RM-GPG (jgonz, ). (Entered: 11/07/2017)
Joint Disputed Claim Terms Chart .Claim Construction Brief due 12/12/2017 (LaFrance, Andrea) (Entered: 11/14/2017)
SUMMONS REQUEST as to Wal-Mart Stores, Inc. re 67 Amended Complaint by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC. (LaFrance, Andrea) (Entered: 11/20/2017)
SUMMONS issued by Clerk. (sphil, ) (Entered: 11/20/2017)
MOTION for Leave to Appear by Telephone by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC. (LaFrance, Andrea) (Entered: 11/27/2017)
SUMMONS Returned Executed by Lifted Limited, LLC. Wal-Mart Stores, Inc served on 11/21/2017, answer due 12/12/2017. (LaFrance, Andrea) (Entered: 11/28/2017)
MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Status Conference held on 12/4/2017. Discussion held on continuing this conference until a date after the date for Walmart, Incs answer deadline. The parties concurred with a status conference being set after that answer deadline. Status Conference set for 12/18/2017 09:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher, FTR: Grand Junction-AM. (jgonz, ) (Entered: 12/05/2017)
SUMMONS Returned Executed by Lifted Limited, LLC. Wal-Mart Stores, Inc served on 12/6/2017, answer due 12/27/2017. (LaFrance, Andrea) (Entered: 12/12/2017)
MOTION to Withdraw Document re 76 Memorandum, by Defendant Novelty Inc.. (Miller, Amanda) (Entered: 12/12/2017)
NOTICE of Amended Return of Service by Plaintiff Lifted Limited, LLC, Counter Defendant Lifted Limited, LLC (LaFrance, Andrea) (Entered: 12/12/2017)
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Wal-Mart Stores, Inc.. (Rhoades, Meshach) (Entered: 12/22/2017)
NOTICE of Entry of Appearance by Martin Jose Estevao on behalf of Wal-Mart Stores, IncAttorney Martin Jose Estevao added to party Wal-Mart Stores, Inc(pty:dft) (Estevao, Martin) (Entered: 12/22/2017)
NOTICE of Entry of Appearance AMENDED by Martin Jose Estevao on behalf of Wal-Mart Stores, Inc (Estevao, Martin) (Entered: 12/22/2017)
NOTICE of Entry of Appearance by Michelle Lynne Alamo on behalf of Wal-Mart Stores, IncAttorney Michelle Lynne Alamo added to party Wal-Mart Stores, Inc(pty:dft) (Alamo, Michelle) (Entered: 12/22/2017)
Plaintiffs ANSWER to Defendants Counterclaim 87 Answer to Amended Complaint,, Counterclaim, by Lifted Limited, LLC.(LaFrance, Andrea) Modified on 1/5/2018 to correct document title. (sphil, ). (Entered: 01/04/2018)
REPLY Brief in Support of 85 Claim Construction Brief filed by Defendant Novelty Inc.. (Miller, Amanda) (Entered: 01/09/2018)
ANSWER to 67 Amended Complaint, , COUNTERCLAIM OF DEFENDANT WAL-MART STORES, INC. against Lifted Limited, LLC by Wal-Mart Stores, Inc.(Rhoades, Meshach) (Entered: 01/17/2018)
MOTION to Stay and Memorandum in Support by Defendant Wal-Mart Stores, Inc, Counter Claimant Wal-Mart Stores, Inc. (Rhoades, Meshach) (Entered: 01/19/2018)
MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Status Conference held on 1/25/2018. No Further Orders entered at this time. Hearing concluded. FTR: Grand Jucntion=AM. (jgonz, ) (Entered: 01/26/2018)
Plaintiffs RESPONSE in Opposition to 100 Walmart Motion to Stay and Memorandum in Support by Plaintiff Lifted Limited, LLC. (Bradford, Aaron) Modified on 2/2/2018 to add correct linkage. (sphil, ). (Entered: 02/01/2018)
ORDER denying 100 Defendant Wal-Mart Stores, Inc.s Motion to Stay and Memorandum in Support. By Judge Philip A. Brimmer on 2/6/18. (pabsec) (Entered: 02/06/2018)
Plaintiffs ANSWER/REPLY to 97 Answer to Amended Complaint, Counterclaim by Lifted Limited, LLC(a Colorado limited liability company).(LaFrance, Andrea) (Entered: 02/06/2018)
COURTROOM MINUTES for Claim Construction Hearing held on 2/8/2018 before Judge Philip A. Brimmer. Court Reporter: Janet Coppock. (sgrim) (Entered: 02/08/2018)
ORDER by Judge Philip A. Brimmer on 03/06/2018, re: 45 Plaintiffs Motion to Strike New Arguments Raised in Defendants Reply in Support of its Motion for Partial Summary Judgment is DENIED as moot; 33 Defendant Novelty, Inc.s Motion for Partial Summary Judgment is DENIED without prejudice. (sphil, ) (Entered: 03/06/2018)
ORDER granting 108 Join Motion to Amend Scheduling Order.Claim Construction Brief due 3/30/2018, Response due 4/16/2018, by Magistrate Judge Gordon P. Gallagher on 3/7/2018. (jgonz, ) (Entered: 03/08/2018)
Joint MOTION for Hearing/Conference by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (LaFrance, Andrea) (Entered: 03/29/2018)
CORPORATE DISCLOSURE STATEMENT. (Rhoades, Meshach) (Entered: 03/29/2018)
Amended CORPORATE DISCLOSURE STATEMENT. (Rhoades, Meshach) Modified on 3/30/2018 to add text (athom, ). (Entered: 03/29/2018)
STIPULATION to Extend of Time to File Response Brief by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (LaFrance, Andrea) Modified on 4/11/2018 to change event type. (sphil, ). (Entered: 04/11/2018)
STIPULATED AMENDED PROTECTIVE ORDER by Magistrate Judge Gordon P. Gallagher on 4/11/2018. (jgonz, ) (Entered: 04/11/2018)
MINUTE ORDER by Judge Philip A. Brimmer on 04/16/2018, re: 115 Joint Motion to Set Markman Hearing is GRANTED in part and DENIED in part. ORDERED that a claim construction hearing is set for June 27, 2018 at 1:30 p.m. in Courtroom A 701 before Judge Philip A. Brimmer. ORDERED that the parties shall bring any logistical or evidentiary concernsregarding the claim construction hearing to the Courts attention by April 30, 2018. (sphil, ) (Entered: 04/16/2018)
AFFIDAVIT/RETURN of Service for Subpoena to Produce Documents of Spero, LLC upon Forde Aley on April 10, 2018, filed by Plaintiff Lifted Limited, LLC (Bradford, Aaron) (Entered: 04/25/2018)
OBJECTIONS to 131 Affidavit/Return of Service by Interested Party Forde Aley. (sphil, ) Modified on 4/27/2018 to change the event type. (sphil, ). (Entered: 04/27/2018)
Joint Disputed Claim Terms Chart . (LaFrance, Andrea) (Entered: 05/04/2018)
AFFIDAVIT/RETURN of Service of Subpoena to Produce Documents upon Spero LLC on May 8, 2018, filed by Plaintiff Lifted Limited, LLC (Bradford, Aaron) (Entered: 05/10/2018)
NOTICE of Entry of Appearance by Marc Wade Vander Tuig on behalf of Walmart Inc.Attorney Marc Wade Vander Tuig added to party Walmart Inc.(pty:dft) (Vander Tuig, Marc) (Entered: 06/13/2018)
NOTICE of Entry of Appearance by Elizabeth Ann Batts on behalf of Novelty Inc.Attorney Elizabeth Ann Batts added to party Novelty Inc.(pty:dft) (Batts, Elizabeth) (Entered: 06/26/2018)
COURTROOM MINUTES for Markman Hearing held on 6/27/2018 before Judge Philip A. Brimmer. Court Reporter: Janet Coppock. (sgrim) (Entered: 06/27/2018)
NOTICE of Withdrawal of Appearance of Andrea M. LaFrance by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC (Bradford, Aaron) (Entered: 01/23/2019)
NOTICE of Entry of Appearance by Susan Elizabeth McNulty on behalf of Lifted Limited, LLC(a Colorado limited liability company)Attorney Susan Elizabeth McNulty added to party Lifted Limited, LLC(pty:cd), Attorney Susan Elizabeth McNulty added to party Lifted Limited, LLC(pty:pla), Attorney Susan Elizabeth McNulty added to party Lifted Limited, LLC(pty:cd), Attorney Susan Elizabeth McNulty added to party Lifted Limited, LLC(pty:cd) (McNulty, Susan) (Entered: 01/24/2019)
Joint Motion for Determination by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (Bradford, Aaron) (Entered: 04/25/2019)
NOTICE of Entry of Appearance by Mishele Nicole Kieffer on behalf of Lifted Limited, LLC(a Colorado limited liability company)Attorney Mishele Nicole Kieffer added to party Lifted Limited, LLC(pty:cd), Attorney Mishele Nicole Kieffer added to party Lifted Limited, LLC(pty:pla), Attorney Mishele Nicole Kieffer added to party Lifted Limited, LLC(pty:cd), Attorney Mishele Nicole Kieffer added to party Lifted Limited, LLC(pty:cd) (Kieffer, Mishele) (Entered: 04/03/2020)
NOTICE of Entry of Appearance by Nina E. Prevot on behalf of Lifted Limited, LLC(a Colorado limited liability company)Attorney Nina E. Prevot added to party Lifted Limited, LLC(pty:cd), Attorney Nina E. Prevot added to party Lifted Limited, LLC(pty:pla), Attorney Nina E. Prevot added to party Lifted Limited, LLC(pty:cd), Attorney Nina E. Prevot added to party Lifted Limited, LLC(pty:cd) (Prevot, Nina) (Entered: 04/03/2020)
Unopposed MOTION to Withdraw as Attorney Martin J. Estevao by Defendant Walmart Inc.. (Rhoades, Meshach) (Entered: 05/13/2020)
Unopposed MOTION to Withdraw as Attorney Michelle Alamo by Defendant Walmart Inc.. (Alamo, Michelle) (Entered: 05/14/2020)
ORDER by Chief Judge Philip A. Brimmer on 5/27/2020, 153 parties Joint Motion for Determination is GRANTED. ORDERED that the 655 Patent is construed as follows: An ornamental design for a lighter holder and tool as shown in Figures 1-7. Any purely functional features, such as the size and shape of the central lighter recess, should not be considered in determining infringement, except to the extent that those features contribute to the overall appearance of the claimed design. (sphil, ) (Entered: 05/27/2020)
ORDER by Chief Judge Philip A. Brimmer on 5/27/2020, re: 143 Defendant Novelty, Inc.s Unopposed Motion to Renew Its Motion for Partial Summary Judgment and Memorandum in Support Thereof is DENIED.(sphil, ) (Entered: 05/27/2020)
NOTICE of Entry of Appearance by Alec Paul Harris on behalf of Walmart Inc.Attorney Alec Paul Harris added to party Walmart Inc.(pty:dft) (Harris, Alec) (Entered: 06/16/2020)
Joint MOTION to Amend/Correct/Modify 114 Order on Motion to Amend/Correct/Modify Scheduling Order and For Case Management Conference by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (Bradford, Aaron) (Entered: 06/23/2020)
MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: granting 168 Motion to Withdraw as Attorney. Attorney Kalpesh K. Shah; Elizabeth Ann Batts and Amanda M Miller terminated; Motion Hearing held on 7/9/2020. Hearing concluded. FTR: Grand Junction-AM. (jgonz, ) (Entered: 07/14/2020)
ORDER by Magistrate Judge Gordon P. Gallagher on 7/6/20 GRANTING 174 Motion for Extension of Time to File. Defendants shall serve their final invalidity contentions on or before October 9, 2020, and shall serve their responses to Plaintiffs final infringement contentions on or before October 23, 2020. (nmarb, ) (Entered: 08/06/2020)
Final Infringement Contentions .Final Invalidity Contentions due 10/9/2020 Motions due by 8/27/2020. (Kieffer, Mishele) (Entered: 08/10/2020)
MOTION to Withdraw as Attorney by Counter Defendants Lifted Limited, LLC, Lifted Limited, LLC, Lifted Limited, LLC, Plaintiff Lifted Limited, LLC. (McNulty, Susan) (Entered: 08/12/2020)
CERTIFICATE of Mailing by Clerk of Court to Novelty, Inc. (jgonz, ) (Entered: 09/02/2020)
Entry of Appearance by Counter Claimants Novelty Inc., Novelty Inc., Defendant Novelty Inc.. (Roberts, John) Modified on 9/16/2020 to edit event type. (sphil, ). (Entered: 09/15/2020)
MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Status Conference held on 9/30/2020. Scheduling Conference set for 10/16/2020 11:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. FTR: Grand Junction-AM. (jgonz, ) (Entered: 10/01/2020)
Joint MOTION to Amend/Correct/Modify Scheduling Order by Plaintiff Lifted Limited, LLC. (Bradford, Aaron) (Entered: 10/13/2020)
ORDER granting in part and denying in part 186 Motion to Amend Scheduling Order. Discovery due by 4/16/2021. Dispositive Motions due by 5/14/2021, by Magistrate Judge Gordon P. Gallagher on 10/14/2020.(jgonz, ) (Entered: 10/14/2020)
Entry of Appearance by Counter Claimants Novelty Inc., Novelty Inc., Defendant Novelty Inc.. (Swartzendruber, Nick) Modified on 10/15/2020 to edit document title. (sphil, ). (Entered: 10/14/2020)
NOTICE of Entry of Appearance by Amy Marie Pauli on behalf of Walmart Inc.Attorney Amy Marie Pauli added to party Walmart Inc.(pty:dft), Attorney Amy Marie Pauli added to party Walmart Inc.(pty:cc) (Pauli, Amy) (Entered: 12/14/2020)
NOTICE of Entry of Appearance by Amber Rose Gonzales on behalf of Walmart Inc.Attorney Amber Rose Gonzales added to party Walmart Inc.(pty:dft), Attorney Amber Rose Gonzales added to party Walmart Inc.(pty:cc) (Gonzales, Amber) (Entered: 12/14/2020)
Timeline
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2017
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2018
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2019
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2020
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2021
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2022
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2023
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2024
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Patents In Case

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