1:20-cv-06389 - Stored Energy Systems LLC v. Brunswick Corp et al.

Detail

Case Number

1:20-cv-06389

Current Status

closed

Cause of Action

Patent Infringement

Related Case(s)

N/A

Court

Illinois Northern District Court

Plaintiff(s)

Stored Energy Systems LLC

Operating Company

Defendant(s)

Brunswick Corp

Power Products LLC

Judge

Honorable John F. Kness

Filing Date

2020-10-28

Termination Date

2021-10-14

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Dockets
Text
CIVIL DOCKET
Final Civil Docket 10-14-2021
SUMMONS Issued as to Defendants Brunswick Corporation, Power Products LLC. (lxk, ) (Entered: 12/08/2020)
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (gw, ) (Entered: 10/28/2020)
COMPLAINT for Patent Infringement filed by Stored Energy Systems LLC; Jury Demand. Filing fee $ 400, receipt number 0752-17588062. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Nelson, Bradley) (Entered: 10/28/2020)
MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC to strike Initial and Supplemental Infringement Contentions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Text of Proposed Order)(Conrad, David) (Entered: 05/05/2021)
RESPONSE by Stored Energy Systems LLCin Opposition to MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC to strike Initial and Supplemental Infringement Contentions 23 (Attachments: # 1 Affidavit Affidavit of Ian R. Walsworth pursuant to Rule 56(d))(Walsworth, Ian) (Entered: 05/28/2021)
SEALED MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC , MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC for leave to file DEFENDANTS UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL DEFENDANTS` REPLY BRIEF IN SUPPORT OF THEIR MOTION TO STRIKE (Attachments: # 1 Exhibit Defendants Reply Brief, # 2 Exhibit P, # 3 Exhibit Q, # 4 Text of Proposed Order)(Conrad, David) (Entered: 06/04/2021)
REPLY by Brunswick Corporation, Power Products LLC to SEALED MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC for leave to file DEFENDANTS UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL DEFENDANTS` REPLY BRIEF IN SUPPORT OF THEIR MO 28 , MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC to strike Initial and Supplemental Infringement Contentions 23 (Attachments: # 1 Exhibit P, # 2 Exhibit Q)(Conrad, David) (Entered: 06/04/2021)
MOTION by Plaintiff Stored Energy Systems LLC, Counter Defendant Stored Energy Systems LLC for leave to file surreply to Motion to Strike (Attachments: # 1 Exhibit Proposed Surreply)(Walsworth, Ian) (Entered: 06/11/2021)
MOTION by Plaintiff Stored Energy Systems LLC, Counter Defendant Stored Energy Systems LLC to stay pending supplemental examination of U.S. Patent No. 9,148,125 (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Walsworth, Ian) (Entered: 06/14/2021)
SEALED MOTION by Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC For Leave to File Under Seal Defendants` First Amended Answer, Affirmative Defenses, and Counterclaims to Plaintiff`s Complaint (Attachments: # 1 SEALED Defendants` First Amended Answer, # 2 Exhibit A - SEALED, # 3 Exhibit B - SEALED, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Conrad, David) (Entered: 06/15/2021)
AMENDED Answer by Brunswick Corporation, Power Products LLC to complaint 1 , COUNTERCLAIM filed by Brunswick Corporation, Power Products LLC against Stored Energy Systems LLC . (Attachments: # 1 Exhibit A - Filed Separately Under Seal, # 2 Exhibit B - Filed Separately Under Seal, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Conrad, David) (Entered: 06/15/2021)
SEALED MOTION by Defendants Brunswick Corporation, Power Products LLC, Counter Claimants Brunswick Corporation, Brunswick Corporation, Power Products LLC, Power Products LLC (Attachments: # 1 Sealed Opposition, # 2 Exhibit A - Confidential, # 3 Exhibit B-Confidential, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Conrad, David) (Entered: 06/28/2021)
RESPONSE by Brunswick Corporation, Power Products LLCin Opposition to MOTION by Plaintiff Stored Energy Systems LLC, Counter Defendant Stored Energy Systems LLC to stay pending supplemental examination of U.S. Patent No. 9,148,125 32 (Attachments: # 1 Exhibit A - Filed separately under seal, # 2 Exhibit B - Filed separately under seal, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Conrad, David) (Entered: 06/28/2021)
REPLY by Counter Defendants Stored Energy Systems LLC, Stored Energy Systems LLC to motion to stay, 32 (Attachments: # 1 Affidavit Affidavit of William Kaewert)(Walsworth, Ian) (Entered: 07/06/2021)
MOTION by Defendants Brunswick Corporation, Power Products LLC to amend/correct order 20 Scheduling Order (Attachments: # 1 Text of Proposed Order)(Conrad, David) (Entered: 08/11/2021)
Opening Claim Construction Brief Regarding U.S. Patent No. 9,948,125 by Brunswick Corporation, Power Products LLC (Attachments: # 1 Appendix Joint Appendix, # 2 Appendix Defendants` Appendix Index, # 3 Appendix 0001-0014, # 4 Appendix 0015-0020, # 5 Appendix 0021-0166, # 6 Appendix 0167-0172, # 7 Appendix 0173-0175, # 8 Appendix 0176-0188, # 9 Appendix 0189-0195, # 10 Appendix 0196-0207, # 11 Appendix 0208-0217)(Conrad, David) (Entered: 08/13/2021)
REPLY by Defendants Brunswick Corporation, Power Products LLC to other, 49 (Attachments: # 1 Appendix)(Conrad, David) (Entered: 09/24/2021)
LPR 4.2(f) Joint Statement STATEMENT by Stored Energy Systems LLC(a Colorado limited liability company) (Attachments: # 1 Exhibit LPR 4.2(f) Joint Claim Construction Chart)(Walsworth, Ian) (Entered: 10/01/2021)
CIVIL Cover Sheet (Nelson, Bradley) (Entered: 10/28/2020)
ATTORNEY Appearance for Plaintiff Stored Energy Systems LLC by Bradley Paul Nelson (Nelson, Bradley) (Entered: 10/28/2020)
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Stored Energy Systems LLC (Nelson, Bradley) (Entered: 10/28/2020)
NOTICE by Stored Energy Systems LLC Notice of Claims Involving Patent (Nelson, Bradley) (Entered: 10/28/2020)
MAILED patent report to Patent Trademark Office, Alexandria VA (rp, ) (Entered: 10/29/2020)
SUMMONS Returned Executed filed by Plaintiff Stored Energy Systems LLC regarding Summons and Complaint served on Brunswick Corp. on 12/09/2020 (Nelson, Bradley) (Docket Text Modified by Clerks Office on 12/15/2020) (ec, ). (Entered: 12/14/2020)
SUMMONS Returned Executed filed by Plaintiff Stored Energy Systems LLC regarding Summons and Complaint served on Power Products LLC on 12/09/2020 (Nelson, Bradley) (Docket Text Modified by Clerks Office on 12/15/2020) (ec, ). (Entered: 12/14/2020)
ATTORNEY Appearance for Defendants Brunswick Corporation, Power Products LLC by Neil J. Mcnabnay (Mcnabnay, Neil) (Entered: 12/30/2020)
ATTORNEY Appearance for Defendants Brunswick Corporation, Power Products LLC by David Brandon Conrad (Conrad, David) (Entered: 12/30/2020)
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Brunswick Corporation, Power Products LLC (Conrad, David) (Entered: 12/30/2020)
ANSWER to Complaint with Jury Demand , Affirmative Defenses and, COUNTERCLAIM filed by Power Products LLC, Brunswick Corporation against Stored Energy Systems LLC . by Power Products LLC, Brunswick Corporation(Conrad, David) (Entered: 12/30/2020)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17787355. (Patel, Sarika) (Entered: 12/30/2020)
ATTORNEY Appearance for Counter Claimants Brunswick Corporation, Power Products LLC, Defendants Brunswick Corporation, Power Products LLC by Jason C. White (White, Jason) (Entered: 12/31/2020)
MINUTE entry before the Honorable John F. Kness: Attorney Sarika Patel`s motion for leave to appear pro hac vice 13 is granted. Mailed notice (ma,) (Entered: 01/08/2021)
ANSWER to counterclaim by Stored Energy Systems LLC(Nelson, Bradley) (Entered: 01/20/2021)
MINUTE entry before the Honorable John F. Kness: Initial status hearing set for March 1, 2021, at 10:30 a.m. by phone. Counsel are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than three business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court`s model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx /nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. Mailed notice (ma,) (Entered: 01/21/2021)
Joint Initial Status Report by Stored Energy Systems LLC (Nelson, Bradley) (Entered: 02/24/2021)
MINUTE entry before the Honorable John F. Kness: Before the Court is the parties` joint initial status report 18 , in which the parties propose a schedule to govern this litigation. Because the schedule is reasonable, the Court adopts the parties` proposed schedule. Enter scheduling order. The initial status hearing set for 3/1/2021 is stricken. A status hearing is set for 5/12/2021 at 09:30 AM. The parties shall use the same call-in information 17 . Mailed notice (ef, ) (Entered: 02/26/2021)
SCHEDULING ORDER UNDER RULE 16(b) signed by the Honorable John F. Kness on 2/26/2021. Mailed notice(ef, ) (Entered: 02/26/2021)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17977104. (Walsworth, Ian) (Entered: 03/01/2021)
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice 21 is granted. Mailed notice (ef, ) (Entered: 03/02/2021)
STATEMENT by Brunswick Corporation, Power Products LLC Regarding Proposed Briefing Schedule on Defendants` Motion to Strike Initial and Supplemental Infringement Contentions (Conrad, David) (Entered: 05/07/2021)
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants` motion to strike 23 : Plaintiff shall respond on or before 5/28/2021 and Defendants shall reply on or before 6/4/2021. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, ) (Entered: 05/10/2021)
MINUTE entry before the Honorable John F. Kness: Status hearing held on 5/12/2021. All parties represented that Defendants` pending Motion to Strike 23 does not affect the Court`s previously-set deadlines. Accordingly, the current scheduling order 20 remains in place. A status hearing is set for 6/29/2021 at 11:00 AM. The parties shall use the same call-in information 19 . Mailed notice (ef, ) (Entered: 05/12/2021)
MINUTE entry before the Honorable John F. Kness: Defendants` Unopposed Motion for leave to file document under seal 28 is granted. Mailed notice (ef, ) (Entered: 06/11/2021)
Statement for briefing schedule on Plaintiff`s Motion for Leave to file Surreply to Defendants` Motion to Strike STATEMENT by Brunswick Corporation, Power Products LLC, Stored Energy Systems LLC(a Colorado limited liability company) (Walsworth, Ian) (Entered: 06/15/2021)
MINUTE entry before the Honorable John F. Kness: By agreement of the parties, the Court sets the following briefing schedule on Plaintiff`s Motion for Leave to File Surreply 31 : Defendants must respond on or before 6/22/2021 and Plaintiff must reply on or before 6/27/2021. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, ) (Entered: 06/16/2021)
Statement for briefing schedule on Plaintiff`s Motion to Stay (Nelson, Bradley) Docket Text Modified by Judicial Staff on 6/22/2021 (ef, ). (Entered: 06/16/2021)
RESPONSE by Brunswick Corporation, Power Products LLCin Opposition to MOTION by Plaintiff Stored Energy Systems LLC, Counter Defendant Stored Energy Systems LLC for leave to file surreply to Motion to Strike 31 (Conrad, David) (Entered: 06/22/2021)
MINUTE entry before the Honorable John F. Kness: By agreement of the parties, the Court sets the following briefing schedule on Plaintiff`s motion to stay 32 : Defendants must respond on or before 6/28/2021 and Plaintiff must reply on or before 7/6/2021. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, ) (Entered: 06/22/2021)
REPLY by Stored Energy Systems LLC(a Colorado limited liability company) to MOTION by Plaintiff Stored Energy Systems LLC, Counter Defendant Stored Energy Systems LLC for leave to file surreply to Motion to Strike 31 (Walsworth, Ian) (Entered: 06/27/2021)
MINUTE entry before the Honorable John F. Kness: In view of the ongoing briefing on Plaintiff`s opposed motion to stay 32 , the status hearing currently set for 6/29/2021 is stricken and reset to 7/13/2021 at 10:15 AM. Mailed notice (ef, ) (Entered: 06/28/2021)
ANSWER to counterclaim First Amended Counterclaim by Stored Energy Systems LLC(a Colorado limited liability company)(Walsworth, Ian) (Entered: 06/29/2021)
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 7/13/2021. For the reasons stated on the record, Plaintiff`s motion for leave to file surreply 31 is denied without prejudice; Plaintiff`s motion 32 to stay pending supplemental examination of Plaintiff`s patent 32 is denied; Defendants` motion for leave to file under seal Defendants` first amended answer, affirmative defenses, and counterclaims 33 is granted; and Defendants` motion for leave to file under seal Defendants` opposition to Plaintiff`s motion to stay pending supplemental examination of U.S. Patent 33 is granted. A written ruling on the pending motion to strike 23 will issue by mail. Status hearing set for 8/5/2021 at 10:45 AM. Mailed notice (ef, ) (Entered: 07/14/2021)
MINUTE entry before the Honorable John F. Kness: The status hearing set for 8/5/2021 is reset to 8/19/2021 at 10:15 AM; the parties shall use the same call-in information 17 . Mailed notice (ef, ) (Entered: 08/03/2021)
MINUTE entry before the Honorable John F. Kness: The status hearing set for 8/19/2021 at 10:15 AM is reset for 8/19/2021 at 09:45 AM. TIME CHANGE ONLY. Mailed notice (ef, ) (Entered: 08/16/2021)
ORDER - Signed by the Honorable John F. Kness on 8/19/2021. [For further details see order] Mailed notice (np, ) (Entered: 08/19/2021)
MINUTE entry before the Honorable John F. Kness: Status and motion hearing held. Defendants` unopposed motion to amend scheduling order 48 is granted. Parties to submit a proposed modified scheduling order to the Court. By agreement of the parties, the claim construction hearing will be held in person. Parties are to contact the Courtroom Deputy next week with proposed dates for the claim construction hearing. Mailed notice (np, ) (Entered: 08/20/2021)
MINUTE entry before the Honorable John F. Kness: By agreement of the parties, an in-person claim construction hearing is set for 10/15/2021 at 09:30 AM. Mailed notice(ef, ) (Entered: 08/25/2021)
RESPONSE by Counter Defendants Stored Energy Systems LLC, Stored Energy Systems LLC to other, 49 Opening Claim Construction Brief of Brunswick Corporation and Power Products, LLC (Walsworth, Ian) (Entered: 09/10/2021)
SETTLEMENT Agreement and Notice of Settlement between Plaintiff and Defendants (Walsworth, Ian) (Entered: 10/04/2021)
MINUTE entry before the Honorable John F. Kness: Before the Court is the parties` "Notice of Settlement" 57 . Because the parties have reported they are finalizing a settlement, all existing deadlines are stricken, the claim construction hearing set for 10/15/2021 is stricken, and the case is stayed pending the filing of a stipulation of dismissal signed by all parties. See Fed. R. Civ. P. Rule 41(a)(1)(A)(ii). A status hearing is set for 11/5/2021 at 09:40 AM; that hearing will be stricken if a stipulation of dismissal is filed in advance. Mailed notice (ef, ) (Entered: 10/06/2021)
STIPULATION of Dismissal (Walsworth, Ian) (Entered: 10/14/2021)
MINUTE entry before the Honorable John F. Kness: On 10/14/2021, the parties filed a jointly-executed stipulation of dismissal. Accordingly, based on the terms of the parties` stipulation and by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, see Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"), the case is dismissed with prejudice as to all claims asserted by Plaintiff, and without prejudice as to all counterclaims asserted by Defendants. Each party is to bear its own fees and costs. Civil case terminated. Mailed notice (ef, ) (Entered: 10/14/2021)
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