2020-1616 - Daikin Industries Ltd v. United States Patent & Trademark Office et al.Report Error
Detail
Case Number
2020-1616Current Status
closedCause of Action
N/ARelated Case(s)
N/ACourt
Court of Appeals for the Federal CircuitPlaintiff(s)
Daikin Industries Ltd
Defendant(s)
United States Patent & Trademark Office
Andrei Iancu, Under Secretary Of Commerce For Intellectual Property & Director Of The United States Patent & Trademark OfficeTerminated: 02
The Chemours Company FC LLC
Judge
CHRISTOPHER C. KENNEDYERICA A. FRANKLINJO-ANNE M. KOKOSKIFiling Date
2020-03-26Termination Date
2021-02-24Dockets
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| **TEXT ONLY** ORDER granting motion to extend time to file brief [16] filed by Appellant Daikin Industries, Ltd. The opening brief is due 07/27/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [709971] [LMN] [Entered: 07/24/2020 01:41 PM] |
| **TEXT ONLY** ORDER granting motion to extend time to file brief [21] filed by Appellee Chemours Company FC, LLC. The response brief is due 09/21/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [717372] [EKD] [Entered: 08/25/2020 01:44 PM] |
| CLERKS OFFICE QUALITY CONTROL MESSAGE: ERROR: Upon review of Appellants brief [18] for compliance with the Rules, it appears the brief may raise an argument falling under Fed. R. App. P. 44. CORRECTION: Counsel is reminded to submit the required notice if Fed. R. App. P. 44 applies. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [725900] [KMH] [Entered: 10/01/2020 02:45 PM] |
| **TEXT ONLY** ORDER granting motion to extend time to file brief [28] filed by Appellant Daikin Industries, Ltd. The reply brief is due 11/02/2020. Service as of this date by the Clerk of Court. [726891] [KMH] [Entered: 10/06/2020 11:14 AM] |
| CLERKS OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [28], ERROR: The motion does not include a certificate of compliance. CORRECTION: For future filings, pursuant to FRAP 32(g), please include a certificate of compliance with the exact word count. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [726893] [KMH] [Entered: 10/06/2020 11:17 AM] |
| Notice to counsel: The Clerks Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before December 9, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [738438] [KMH] [Entered: 11/25/2020 01:15 PM] |
| Notice from Intervenor Andrei Iancu regarding conflicts with oral argument. None. Service: 11/30/2020 by email. [738970] [20-1616] [Robert McBride] [Entered: 11/30/2020 07:38 PM] |
| 6 paper copies of Doc. No. [32] received from Chemours Company FC, LLC. [740355] [MJL] [Entered: 12/04/2020 01:48 PM] |
| 6 paper copies of Doc. No. [18] received from Appellant Daikin Industries, Ltd.. [741139] [VDW] [Entered: 12/08/2020 02:55 PM] |
| 6 paper copies of Doc. No. [37], [38] received from Appellant Daikin Industries, Ltd.. [741141] [VDW] [Entered: 12/08/2020 02:57 PM] |
| 6 paper copies of Doc. No. [25] received from Intervenor Andrei Iancu. [741147] [VDW] [Entered: 12/08/2020 03:01 PM] |
| Submitted ON THE BRIEFS to Panel: Lourie, Circuit Judge; Wallach, Circuit Judge and Chen, Circuit Judge. [753006] [JCP] [Entered: 02/01/2021 11:41 AM] |
| Appeal docketed. Received: 03/20/2020. [682041] Entry of Appearance is due 04/09/2020. Certificate of Interest is due on 04/09/2020. Docketing Statement is due 04/09/2020. Certified List is due on 05/05/2020. [LMN] [Entered: 03/26/2020 01:41 PM] |
| Entry of appearance for Michael R. Houston as principal counsel for Appellant Daikin Industries, Ltd.. Service: 04/08/2020 by email. [685271] [20-1616] [Michael Houston] [Entered: 04/08/2020 01:35 PM] |
| Certificate of Interest for Appellant Daikin Industries, Ltd.. Service: 04/08/2020 by email. [685274] [20-1616] This document is non-compliant. See Doc No.[10] [Michael Houston] [Entered: 04/08/2020 01:38 PM] |
| Docketing Statement for the Appellant Daikin Industries, Ltd.. Service: 04/08/2020 by email. [685277] [20-1616] This document is non-compliant. See Doc No.[10] [Michael Houston] [Entered: 04/08/2020 01:40 PM] |
| Entry of appearance for Michael D. Kaminski as of counsel for Appellant Daikin Industries, Ltd.. Service: 04/08/2020 by email. [685281] [20-1616] [Michael Kaminski] [Entered: 04/08/2020 01:44 PM] |
| Docketing Statement for the Appellee The Chemours Company FC, LLC. Service: 04/09/2020 by email. [685735] [20-1616] [Dipu Doshi] [Entered: 04/09/2020 04:46 PM] |
| Certificate of Interest for Appellee The Chemours Company FC, LLC. Service: 04/09/2020 by email. [685737] [20-1616] [Dipu Doshi] [Entered: 04/09/2020 04:51 PM] |
| Entry of appearance for Dipu A. Doshi as principal counsel for Appellee The Chemours Company FC, LLC. Service: 04/09/2020 by email. [685738] [20-1616] [Dipu Doshi] [Entered: 04/09/2020 04:58 PM] |
| Entry of appearance for Jonathan W.S. England as of counsel for Appellee The Chemours Company FC, LLC. Service: 04/09/2020 by email. [685739] [20-1616] [Dipu Doshi] [Entered: 04/09/2020 05:04 PM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellant Daikin Industries, Ltd., Certificate of Interest and Docketing Statement [3], [4], is not in compliance with the rules of this court (see attached). Compliant documents are due on 04/17/2020. Service as of this date by the Clerk of Court. [685816] [LMN] [Entered: 04/10/2020 08:36 AM] |
| Corrected Certificate of Interest for Appellant Daikin Industries, Ltd.. Service: 04/16/2020 by email. [687541] [20-1616] [Michael Houston] [Entered: 04/16/2020 01:12 PM] |
| Corrected Docketing Statement for the Appellant Daikin Industries, Ltd.. Service: 04/16/2020 by email. [687547] [20-1616] [Michael Houston] [Entered: 04/16/2020 01:14 PM] |
| Certified list received. Service: 05/05/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [692477] [LMN] [Entered: 05/06/2020 09:41 AM] |
| MOTION of Appellant Daikin Industries, Ltd. to extend the time to 07/27/2020 to file the 07/06/2020 Appellants opening brief. [Consent: unopposed]. Service: 06/24/2020 by email. [703316] [20-1616] This document is non-compliant. See Doc No. [15] [Michael Houston] [Entered: 06/24/2020 11:33 AM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellant Daikin Industries, Ltd., Motion for extension to file opening brief [14], is not in compliance with the rules of this court (see attached). Compliant document is due on 07/27/2020. Service as of this date by the Clerk of Court. [708457] [LMN] [Entered: 07/20/2020 10:44 AM] |
| MOTION of Appellant Daikin Industries, Ltd. to extend the time to 07/27/2020 to file the 07/06/2020 Appellants Opening Brief. [Consent: unopposed]. Service: 07/24/2020 by email. [709964] [20-1616] [Michael Houston] [Entered: 07/24/2020 01:10 PM] |
| MODIFIED ENTRY: OPENING BRIEF FILED for Appellant Daikin Industries, Ltd. Number of Pages: 68. Service: 07/27/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [710419] --[Edited 07/30/2020 by LMN - compliance review complete] [Michael Houston] [Entered: 07/27/2020 05:52 PM] |
| MOTION of Appellee Chemours Company FC, LLC to extend the time to 09/21/2020 to file Response/Reply [Consent: unopposed]. Service: 08/20/2020 by email. [716320] [20-1616] This document is non-compliant. See Doc No. [20] [Dipu Doshi] [Entered: 08/20/2020 04:28 PM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellee Chemours Company FC, LLC, Motion to Extend Time [19], is not in compliance with the rules of this court (see attached). Compliant document due on 08/28/2020. Service as of this date by the Clerk of Court. [716623] [KMH] [Entered: 08/21/2020 02:39 PM] |
| MOTION of Appellee Chemours Company FC, LLC to extend the time to 09/21/2020 to file the Unopposed Response Brief Deadline revised to September 19, 2020. [Consent: unopposed]. Service: 08/24/2020 by email. [717159] [20-1616] [Dipu Doshi] [Entered: 08/24/2020 05:30 PM] |
| Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 09/21/2020 by email. [723122] [20-1616] [Robert McBride] [Entered: 09/21/2020 12:30 PM] |
| Entry of appearance for Robert E. McBride; Sarah E. Craven; Thomas W. Krause; Farheena Y. Rasheed as counsel for Intervenor - Director, U.S. Patent and Trademark Office. Service: 09/21/2020 by email. [723126] [20-1616] [Robert McBride] [Entered: 09/21/2020 12:35 PM] |
| MODIFIED ENTRY: BRIEF FILED by Intervenor Andrei Iancu. Service: 09/21/2020 by email. [723128] --[Edited 10/21/2020 by KMH - compliance review complete] [Robert McBride] [Entered: 09/21/2020 12:37 PM] |
| RESPONSE BRIEF FILED by Appellee Chemours Company FC, LLC. Service: 09/21/2020 by email. [723392] [20-1616] This document is non-compliant. See Doc No. [29] [Dipu Doshi] [Entered: 09/21/2020 11:05 PM] |
| MOTION of Appellant Daikin Industries, Ltd. to extend the time to 11/02/2020 to file brief.. Service: 10/05/2020 by email. [726719] [20-1616] [Michael Houston] [Entered: 10/05/2020 05:00 PM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellee Chemours Company FC, LLC, Response Brief [26], is not in compliance with the rules of this court (see attached). Compliant document due on 10/14/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [726888] [KMH] [Entered: 10/06/2020 11:01 AM] |
| MODIFIED ENTRY: CORRECTED BRIEF FILED by Appellee Chemours Company FC, LLC. Service: 10/13/2020 by email. [728277] --[Edited 10/21/2020 by KMH - compliance review complete] [Dipu Doshi] [Entered: 10/13/2020 03:57 PM] |
| ORDER filed adding the Director of the United States Patent and Trademark Office as an intervenor. The revised official caption is reflected above. The Directors brief is accepted for filing. The Director is directed to file a docketing statement no later than 14 days from the date of filing of this order. Daikin Industries, Ltd.s reply brief is due within 21 days of the date of filing of this order. Service as of this date by the Clerk of Court. [729154] [LMS] [Entered: 10/15/2020 04:03 PM] |
| Docketing Statement for the Intervenor Andrei Iancu. Service: 10/29/2020 by email. [732261] [20-1616] [Robert McBride] [Entered: 10/29/2020 11:23 AM] |
| REPLY BRIEF FILED by Appellant Daikin Industries, Ltd.. Service: 11/05/2020 by email. [733984] [20-1616] This document is non-compliant. See Doc No. [36] [Michael Houston] [Entered: 11/05/2020 02:45 PM] |
| NOTICE OF NON-COMPLIANCE: The submission of Appellant Daikin Industries, Ltd., Reply Brief [35], is not in compliance with the rules of this court (see attached). Compliant document due on 11/17/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [734432] [KMH] [Entered: 11/09/2020 10:14 AM] |
| MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant Daikin Industries, Ltd. Service: 11/09/2020 by email. [734541] --[Edited 11/10/2020 by KMH - compliance review complete] [Michael Houston] [Entered: 11/09/2020 03:44 PM] |
| MODIFIED ENTRY: APPENDIX FILED by Appellant Daikin Industries, Ltd.. Service: 11/12/2020 by email. [735134] --[Edited 11/17/2020 by KMH - compliance review complete] [Michael Houston] [Entered: 11/12/2020 03:06 PM] |
| Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Daikin Industries, Ltd. and Appellee Chemours Company FC, LLC. Service: 11/12/2020 by email. [735138] [20-1616] [Michael Houston] [Entered: 11/12/2020 03:08 PM] |
| Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [738434] [KMH] [Entered: 11/25/2020 01:12 PM] |
| Notice from Appellee Chemours Company FC, LLC regarding conflicts with oral argument. Service: 12/01/2020 by email. [739376] [20-1616] [Dipu Doshi] [Entered: 12/01/2020 04:37 PM] |
| MODIFIED ENTRY: Notice from Appellant Daikin Industries, Ltd. regarding conflicts with oral argument. None. Service: 12/02/2020 by email. [739785]--[Edited 12/03/2020 by JAL to correct filing event] [Michael Houston] [Entered: 12/02/2020 05:40 PM] |
| NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2102D. Case scheduled February 1, 2021. Response to Notice of Oral Argument due: 01/15/2021. The Clerks Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [743931] [JAB] [Entered: 12/18/2020 03:10 PM] |
| ORDER filed. The oral argument scheduled for February 1, 2021, is canceled. The appeal will be submitted on the briefs without oral argument on that date. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [749412] [JAB] [Entered: 01/14/2021 10:46 AM] |
| Official caption revised to reflect Andrew Hirshfeld as Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (see attached). Service as of this date by the Clerk of Court. [758027] [MJL] [Entered: 02/23/2021 02:37 PM] |
| OPINION filed for the court by Lourie, Circuit Judge; Wallach, Circuit Judge and Chen, Circuit Judge. Nonprecedential Opinion. [758169] [JCP] [Entered: 02/24/2021 09:24 AM] |
| JUDGMENT. AFFIRMED. Terminated on the merits after submission on the briefs. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [758172] [JCP] [Entered: 02/24/2021 09:25 AM] |
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