2021-1025 - O'Keeffe's Inc et al. v. United States Patent & Trademark Office et al.

Detail

Case Number

2021-1025

Current Status

closed

Cause of Action

N/A

Related Case(s)

PGR2019-00025

Court

Court of Appeals for the Federal Circuit

Plaintiff(s)

O'Keeffe's Inc

William F. O''KEEFFE

Defendant(s)

United States Patent & Trademark Office

Ely Holdings Ltd

Judge

HUBERT C. LORINMICHAEL W. KIMROBERT A. POLLOCK

Filing Date

2020-10-08

Termination Date

2022-03-15

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Dockets
Text
Final Civil Docket 03-15-2022
Initial Civil Docket 10-08-2020
**TEXT ONLY** ORDER granting motion to extend time to file brief [18] filed by Appellant OKeeffes, Inc. The opening brief is due 02/16/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [744995] [CAB] [Entered: 12/23/2020 10:01 AM]
Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [815960] [KMH] [Entered: 12/02/2021 04:27 PM]
6 paper copies of Doc. No. [36] received from Intervenor Andrew Hirshfeld. [816854] [VDW] [Entered: 12/07/2021 02:10 PM]
6 paper copies of Doc. No. [41], [40], [31] received from Appellant OKeeffes, Inc.. [817194] [VDW] [Entered: 12/08/2021 03:29 PM]
The following conflict date submitted by Michael S. Forman for Andrew Hirshfeld has been accepted by the court: 03/08/2022. [817261] [MJL] [Entered: 12/08/2021 04:34 PM]
Notice to Andrew Hirshfeld: The record of this case indicates that the required Certification of Compliance with Revised Protocols for In-Person Argument (Form 33A) has not been filed (see Doc. No. [49]). Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Please file the certification no later than 02/18/2022. Service as of this date by the Clerk of Court. [831090] [MJL] [Entered: 02/15/2022 08:43 AM]
IMPORTANT NOTE to counsel scheduled to argue in-person at the Federal Circuit in March 2022: Arguing counsel and any accompanying individual will be required to (1) show proof of vaccination, (2) show proof of a negative PCR COVID-19 test taken within the past 72 hours, and (3) wear an approved mask. See Revised Protocols for In-Person Argument. No later than 12:00 p.m. (Eastern) on Friday, March 4, 2022, in-person arguing counsel must file either a letter acknowledging these requirements or an amended Certification of Compliance with Revised Protocols for In-Person Argument electing to appear remotely instead. Failure to timely file or failure to adhere to these protocols when entering the building may result in the inability to appear in person. [834370] [MJL] [Entered: 03/02/2022 01:32 PM]
Submitted after ORAL ARGUMENT to Panel: Prost, Circuit Judge; Bryson, Circuit Judge and Stoll, Circuit Judge. Arguing counsel: Theodore J. Bielen, Jr. for OKeeffes, Inc. and Michael S. Forman for Andrew Hirshfeld. Oral Argument Audio available here. [835802] [MJL] [Entered: 03/09/2022 02:17 PM]
Appeal docketed. Received: 10/02/2020. [727704] Entry of Appearance is due on 10/22/2020. Certificate of Interest is due on 10/22/2020. Docketing Statement is due on 10/22/2020. Certified List is due on 11/17/2020. [KMH] [Entered: 10/08/2020 03:49 PM]
Certificate of Interest for Appellant William F. OKeeffe. Service: 10/22/2020 by email. [730892] [21-1025] This document is non-compliant. See Doc No. [8] [Justin Krieger] [Entered: 10/22/2020 04:40 PM]
Entry of appearance for Theodore J. Bielen, Jr.; Neil A. Smith; John C. Alemanni as counsel for Appellant William F. OKeeffe. Service: 10/22/2020 by email. [730895] [21-1025] This document is non-compliant. See Doc No. [8] [Justin Krieger] [Entered: 10/22/2020 04:44 PM]
Docketing Statement for the Appellant William F. OKeeffe. Service: 10/22/2020 by email. [730896] [21-1025] [Justin Krieger] [Entered: 10/22/2020 04:46 PM]
Docketing Statement for the Appellee Ely Holdings Ltd.. Service: 10/22/2020 by email. [730911] [21-1025] [Elizabeth Shuster] [Entered: 10/22/2020 05:45 PM]
Entry of appearance for Donald R. McPhail; Elizabeth A. Shuster; Ryan O. White as counsel for Appellee Ely Holdings Ltd.. Service: 10/22/2020 by email. [730912] [21-1025] This document is non-compliant. See Doc No.[8] [Elizabeth Shuster] [Entered: 10/22/2020 05:47 PM]
Certificate of Interest for Appellee Ely Holdings Ltd.. Service: 10/22/2020 by email. [730913] [21-1025] [Elizabeth Shuster] [Entered: 10/22/2020 05:48 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant William F. OKeeffe, Entry of Appearance [3] and Certificate of Interest [2] , and Appellee Ely Holdings Ltd., Entry of Appearance [6], are not in compliance with the rules of this court (see attached). Compliant documents due on 11/02/2020. Service as of this date by the Clerk of Court. [731276] [KMH] [Entered: 10/26/2020 09:14 AM]
MOTION of Appellant William F. OKeeffe to modify the official caption. Service: 11/02/2020 by email. [733105] [21-1025] [Justin Krieger] [Entered: 11/02/2020 07:46 PM]
Corrected Certificate of Interest for Appellant William F. OKeeffe. Service: 11/02/2020 by email. [733106] [21-1025]--[Edited 11/04/2020 by KMH to correct party filer] [Justin Krieger] [Entered: 11/02/2020 07:47 PM]
Corrected Entry of appearance for Justin L. Krieger, John C. Alemanni, Neil A. Smith as counsel for Appellant William F. OKeeffe. Service: 11/02/2020 by email. [733107] [21-1025] This document is non-compliant. See Doc No. [12] [Justin Krieger] [Entered: 11/02/2020 07:49 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant William F. OKeeffe, Entry of Appearance [11], is not in compliance with the rules of this court (see attached). Compliant document due on 11/12/2020. Service as of this date by the Clerk of Court. [733584] [KMH] [Entered: 11/04/2020 12:13 PM]
ORDER granting motion to modify the official caption [9] filed by Appellant. The revised official and short captions are reflected in this order. Service as of this date by the Clerk of Court. [734193] [LMS] [Entered: 11/06/2020 11:49 AM]
Corrected Entry of appearance for Theodore J. Bielen, Jr.; Neil A. Smith; Justin L. Krieger; John C. Alemanni as counsel for Appellant OKeeffes, Inc.. Service: 11/12/2020 by email. [735213] [21-1025] [Justin Krieger] [Entered: 11/12/2020 07:56 PM]
Corrected Certificate of Interest for Appellant OKeeffes, Inc.. Service: 11/12/2020 by email. [735214] [21-1025] [Justin Krieger] [Entered: 11/12/2020 07:58 PM]
Corrected Entry of appearance for Donald R. McPhail; Elizabeth A. Shuster; Ryan O. White as counsel for Appellee Ely Holdings Ltd.. Service: 11/13/2020 by email. [735495] [21-1025] [Elizabeth Shuster] [Entered: 11/13/2020 03:56 PM]
Certified list received. Service: 11/17/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [736406] [KMH] [Entered: 11/17/2020 03:24 PM]
MOTION of Appellant OKeeffes, Inc. to extend the time to 02/16/2021 to file brief. Service: 12/19/2020 by email. [744080] [21-1025] [Justin Krieger] [Entered: 12/19/2020 09:46 AM]
MOTION of Appellant OKeeffes, Inc. to extend the time to 04/19/2021 to file brief. Service: 02/02/2021 by email. [753529] [21-1025] [Justin Krieger] [Entered: 02/02/2021 06:45 PM]
ORDER granting motion to extend time to file brief [20] filed by Appellant OKeeffes, Inc. The opening brief is due 04/19/2021. Service as of this date by the Clerk of Court. [754022] [LMS] [Entered: 02/04/2021 02:41 PM]
MOTION of Appellant OKeeffes, Inc. to extend the time to 06/18/2021 to file brief. Service: 03/24/2021 by email. [764440] [21-1025] [Justin Krieger] [Entered: 03/24/2021 11:21 AM]
ORDER granting motion to extend time to file brief [22] filed by Appellant OKeeffes, Inc. No further extensions should be anticipated. The opening brief is due 06/18/2021. Service as of this date by the Clerk of Court. [764867] [LMS] [Entered: 03/26/2021 08:20 AM]
MOTION of Appellant OKeeffes, Inc. to extend the time to 08/17/2021 to file brief. Service: 05/18/2021 by email. [775676] [21-1025] [Justin Krieger] [Entered: 05/18/2021 12:10 PM]
ORDER granting motion to extend time to file brief [24] filed by Appellant OKeeffes, Inc. The opening brief is due 08/17/2021. Service as of this date by the Clerk of Court. [776086] [LMS] [Entered: 05/19/2021 04:39 PM]
MOTION of Appellee Ely Holdings Ltd. to withdraw party, Ely Holdings LTD., as a party to this appeal. Service: 07/30/2021 by email. [789656] [21-1025] [Steven Caloiaro] [Entered: 07/30/2021 02:53 PM]
MOTION of Appellee Ely Holdings Ltd. to withdraw party, Ely Holdings, Ltd., as a party to this appeal. Service: 07/30/2021 by email. [789664] [21-1025] [Donald McPhail] [Entered: 07/30/2021 03:01 PM]
ORDER filed granting motion to withdraw party [27] filed by Appellee Ely Holdings Ltd.; The revised official caption and short caption are reflected in the order. The United States Patent and Trademark Office (“PTO”) is directed to inform this court within 30 days of the date of this order whether it intends to intervene in this appeal. (see order for details) Service as of this date by the Clerk of Court. [792639] [NL] [Entered: 08/13/2021 03:24 PM]
OPENING BRIEF FILED by Appellant OKeeffes, Inc.. Service: 08/17/2021 by email. [793520] [21-1025] This document is non-compliant. See Doc No. [30] [John Alemanni] [Entered: 08/17/2021 06:21 PM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant OKeeffes, Inc., Brief of Appellant OKeeffes Inc. [29], is not in compliance with the rules of this court (see attached). Compliant document due on 09/02/2021. 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. [795504] [CAB] [Entered: 08/26/2021 02:24 PM]
MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant OKeeffes, Inc. Service: 08/27/2021 by email. [795753] --[Edited 08/30/2021 by CAB - compliance review complete] [John Alemanni] [Entered: 08/27/2021 12:27 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: 09/09/2021 by email. [798027] [21-1025] [Michael Forman] [Entered: 09/09/2021 11:52 AM]
Entry of appearance for Michael S. Forman; Mai-Trang Dang; Thomas W. Krause; Farheena Y. Rasheed as counsel for Intervenor, Director - U.S. Patent and Trademark Office. Service: 09/09/2021 by email. [798031] [21-1025] [Michael Forman] [Entered: 09/09/2021 11:56 AM]
ORDER modifying the official caption. The revised official caption and short caption are reflected above to reflect the addition of the intervenor. The intervenor is directed to file its docketing statement in this appeal no later than 14 days from the date of filing of this order. The intervenors brief is due within 40 days from the date of filing this order. OKeeffes, Inc. may file a reply brief no later than 21 days from the date of filing of the intervenors brief. Service as of this date by the Clerk of Court. [798965] [LMS] [Entered: 09/14/2021 08:14 AM]
Docketing Statement for the Intervenor Andrew Hirshfeld. Service: 09/28/2021 by email. [802234] [21-1025] [Michael Forman] [Entered: 09/28/2021 11:40 AM]
MODIFIED ENTRY: INTERVENOR BRIEF FILED by Intervenor Andrew Hirshfeld. Service: 10/25/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [807962] --[Edited 10/27/2021 by KMH - compliance review complete] [Michael Forman] [Entered: 10/25/2021 01:30 PM]
MODIFIED ENTRY: REPLY BRIEF FILED by Appellant OKeeffes, Inc.. Service: 11/15/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [812370] --[Edited 11/16/2021 by KMH - compliance review complete] This document is non-compliant. See Doc No. [39] [John Alemanni] [Entered: 11/15/2021 04:06 PM]
APPENDIX FILED by Intervenor Andrew Hirshfeld and Appellant OKeeffes, Inc.. Service: 11/22/2021 by email. [814020] [21-1025] This document is non-compliant. See Doc No. [39] [John Alemanni] [Entered: 11/22/2021 11:24 AM]
NOTICE OF NON-COMPLIANCE: The submission of Appellant OKeeffes, Inc., Appendix, [38], and upon further review, Reply brief [37], are not in compliance with the rules of this court (see attached). Compliant documents due on 12/06/2021. Service as of this date by the Clerk of Court. [815029] [KMH] [Entered: 11/29/2021 01:22 PM]
MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant OKeeffes, Inc.. Service: 11/16/2021 by email. [815401]--[Edited 12/02/2021 by KMH - compliance review complete] [John Alemanni] [Entered: 11/30/2021 04:08 PM]
MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant OKeeffes, Inc.. Service: 11/30/2021 by email. [815402] --[Edited 12/02/2021 by KMH - compliance review complete] [John Alemanni] [Entered: 11/30/2021 04:10 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. [815958] [KMH] [Entered: 12/02/2021 04:25 PM]
Notice from Intervenor Andrew Hirshfeld regarding conflicts with oral argument. Service: 12/03/2021 by email. [816074] [21-1025] [Michael Forman] [Entered: 12/03/2021 10:30 AM]
Notice from Appellant OKeeffes, Inc. regarding conflicts with oral argument. Service: 12/09/2021 by email. [817607] [21-1025] [John Alemanni] [Entered: 12/09/2021 08:27 PM]
NOTICE OF ORAL ARGUMENT. Panel: 2203E. Case scheduled March 9, 2022. Response to Notice of Oral Argument due: 02/04/2022. 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. [826078] [JCP] [Entered: 01/21/2022 03:12 PM]
Response to notice of oral argument from Intervenor Andrew Hirshfeld. Service: 02/04/2022 by email. [829092] [21-1025] [Michael Forman] [Entered: 02/04/2022 02:17 PM]
Response to notice of oral argument from Appellant OKeeffes, Inc.. Service: 02/04/2022 by email. [829142] [21-1025] [John Alemanni] [Entered: 02/04/2022 04:03 PM]
Response to notice of oral argument from Intervenor Andrew Hirshfeld. Service: 02/15/2022 by email. [831249] [21-1025] [Michael Forman] [Entered: 02/15/2022 12:51 PM]
ORDER Counsel for Appellant will be allowed to appear remotely at argument. Service as of this date by the Clerk of Court. [832071] [JCP] [Entered: 02/17/2022 03:14 PM]
Letter from Intervenor Andrew Hirshfeld Acknowledging In-Person Oral Argument Requirements. Service: 03/02/2022 by email. [834408] [21-1025] [Michael Forman] [Entered: 03/02/2022 02:29 PM]
OPINION filed for the court by Prost, Circuit Judge; Bryson, Circuit Judge and Stoll, Circuit Judge. Nonprecedential Per Curiam Opinion. Service as of this date by the Clerk of Court. [836840] [MVH] [Entered: 03/15/2022 09:53 AM]
JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. 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. Service as of this date by the Clerk of Court. [836842] [MVH] [Entered: 03/15/2022 09:54 AM]
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