1:21-cv-00607 - Hypertherm Inc v. Wenzhou Ruixia E-Commerce Co Ltd Doing Business AS Jack & Dave

Detail

Case Number

1:21-cv-00607

Current Status

closed

Cause of Action

Patent Infringement

Related Case(s)

N/A

Court

New Hampshire District Court

Plaintiff(s)

Hypertherm Inc

Operating Company

Defendant(s)

Wenzhou Ruixia E-Commerce Co Ltd Doing Business AS Jack & Dave

Judge

Paul J. Barbadoro

Filing Date

2021-07-20

Termination Date

2021-11-22

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Dockets
Text
NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2139522 filed by Hypertherm, Inc.. (Attachments: # 1 Exhibit Ex. A - 7,829,816, # 2 Exhibit Ex. B - 7,989,727, # 3 Exhibit Ex. C - 8,115,136, # 4 Exhibit Ex. D - 8,513,565, # 5 Exhibit Ex. E - 8,541,712, # 6 Exhibit Ex. F - 8,546,718, # 7 Exhibit Ex. G - 8,835,796, # 8 Exhibit Ex. H - 8,884,179, # 9 Exhibit Ex. I - 9,462,670, # 10 Exhibit Ex. J - '816 Claim Chart, # 11 Exhibit Ex. K - '727 Claim Chart, # 12 Exhibit Ex. L - '136 Claim Chart, # 13 Exhibit Ex. M - '565 Claim Chart, # 14 Exhibit Ex. N - '712 Claim Chart, # 15 Exhibit Ex. O - '718 Claim Chart, # 16 Exhibit Ex. P - '796 Claim Chart, # 17 Exhibit Ex. Q - '179 Claim Chart, # 18 Exhibit Ex. R - '670 Claim Chart, # 19 Civil Cover Sheet, # 20 Summons - Waiver)(Quillen, Henry) (Entered: 07/20/2021)
NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2139522 filed by Hypertherm, Inc.. (Attachments: # 1 Exhibit Ex. A - 7,829,816, # 2 Exhibit Ex. B - 7,989,727, # 3 Exhibit Ex. C - 8,115,136, # 4 Exhibit Ex. D - 8,513,565, # 5 Exhibit Ex. E - 8,541,712, # 6 Exhibit Ex. F - 8,546,718, # 7 Exhibit Ex. G - 8,835,796, # 8 Exhibit Ex. H - 8,884,179, # 9 Exhibit Ex. I - 9,462,670, # 10 Exhibit Ex. J - `816 Claim Chart, # 11 Exhibit Ex. K - `727 Claim Chart, # 12 Exhibit Ex. L - `136 Claim Chart, # 13 Exhibit Ex. M - `565 Claim Chart, # 14 Exhibit Ex. N - `712 Claim Chart, # 15 Exhibit Ex. O - `718 Claim Chart, # 16 Exhibit Ex. P - `796 Claim Chart, # 17 Exhibit Ex. Q - `179 Claim Chart, # 18 Exhibit Ex. R - `670 Claim Chart, # 19 Civil Cover Sheet, # 20 Summons - Waiver)(Quillen, Henry) (Entered: 07/20/2021)
CIVIL DOCKET
Final Civil Docket 11-22-2021
Summons issued electronically as to Wenzhou Ruixia E-Commerce CO., Ltd. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF) (mc) (Entered: 07/27/2021)
AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark forwarded this date to the Commissioner on Patents and Trademarks, Washington, DC.(mc) (Entered: 07/29/2021)
MOTION Motion for an Order Authorizing Electronic Service filed by Hypertherm, Inc..Follow up on Objection on 8/31/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Declaration of James Anderson, # 3 Exhibit Exhibit A-Intellectual Property for Rights Owners, # 4 Exhibit Exhibit B-Email from Amazon.com, # 5 Exhibit Exhibit C-Customer Questions & Answers (1), # 6 Exhibit Exhibit D-Customer Questions & Answers (2), # 7 Proposed Order)(Quillen, Henry) (Entered: 08/17/2021)
ORDER granting 5 Motion for Authorizing Electronic Service under Fed. R. Civ. P. 4(f)(3). So Ordered by Magistrate Judge Andrea K. Johnstone.(vln) (Entered: 08/20/2021)
Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:21-cv-607-PB. Please show this number with the judge designation on all future pleadings. (mc) (Entered: 07/27/2021)
ENDORSED ORDER RE: 10 Motion for Default Judgment. Text of Order: In the motion for default judgment, plaintiff`s counsel indicated he had been in contact with outside counsel for the defendant - Jenny Liu of Liu & Associates - and that the parties had engaged in preliminary settlement talks. Doc. no. 10. In light of the upcoming damages hearing, scheduled for November 19, 2021, the parties shall, by November 10, 2021, notify the court of the following: (1) a status update on any settlement discussions or other communications with defendant`s counsel; (2) and whether the upcoming damages should be continued to facilitate further settlement discussions. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln) (Entered: 11/08/2021)
ENDORSED ORDER granting 13 Assented to MOTION for Judgment Assented to Motion for Entry of Judgment. Text of Order: Granted. The November 19, 2021 damages hearing is canceled. So Ordered by Magistrate Judge Andrea K. Johnstone.(kad) (Entered: 11/18/2021)
ENDORSED ORDER granting 13 Motion for Judgment. Text of Order: Granted. Proposed judgment shall issue. All pending motions are denied. So Ordered by Judge Paul J. Barbadoro.(vln) (Entered: 11/19/2021)
ENDORSED ORDER granting 9 Motion to Extend Time to 10/13/2021 Plaintiff`s Motion for Extension of Time to Move for Default Judgment. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln) (Entered: 10/07/2021)
Minute Entry for proceedings held before Magistrate Judge Andrea K. Johnstone. STATUS CONFERENCE via video held on 11/15/2021. (Court Reporter: Susan Bateman) (Pltfs Atty: Henry Clay Quillen & Colin G. Cabral)(Total Hearing Time: 6 Minutes) (bt) (Entered: 11/15/2021)
NOTICE of Hearing. Status Conference via Video set for 11/15/2021 02:30 PM before Magistrate Judge Andrea K. Johnstone.(kad) (Entered: 10/25/2021)
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc) (Entered: 07/27/2021)
ORAL ORDER granting 12 MOTION for Colin G. Cabral to Appear Pro Hac Vice. Text of Order: Granted So Ordered by Magistrate Judge Andrea K. Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bt) (Entered: 11/15/2021)
RESCHEDULING NOTICE of Motion Hearing re: 10 MOTION for Default Judgment as to patent infringement for each of the accused products Motion Hearing via Video reset for 11/19/2021 10:00 AM before Magistrate Judge Andrea K. Johnstone.(kad) (Entered: 10/25/2021)
Updated Civil Docket 03-09-2021
Updated Civil Docket 18-10-2021
MOTION for Default as to Failing to Respond to the Complaint filed by Hypertherm, Inc..Follow up on Objection on 9/28/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Colin Cabral in Support of Plaintiff`s Motion for Clerk to Enter Default, # 2 Exhibit Ex A Electronic Mail, # 3 Exhibit Ex B Link to Public Website)(Quillen, Henry) (Entered: 09/14/2021)
MOTION for Default Judgment as to patent infringement for each of the accused products filed by Hypertherm, Inc..Follow up on Objection on 10/27/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Colin Cabral in Support of Plaintiff`s Motion for Default Judgment, # 2 Proposed Order Proposed Judgment)(Quillen, Henry) (Entered: 10/13/2021)
MOTION for Colin G. Cabral to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2183757.) filed by Hypertherm, Inc..Follow up on Objection on 11/29/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Affidavit of Colin G. Cabral in Support of Motion for Pro Hac Vice Admission)(Quillen, Henry) (Entered: 11/15/2021)
Assented to MOTION for Judgment Assented to Motion for Entry of Judgment filed by Hypertherm, Inc.. (Attachments: # 1 Exhibit Ex A - Final Consent Judgment)(Quillen, Henry) (Entered: 11/18/2021)
AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark forwarded this date to the Commissioner on Patents and Trademarks, Washington, DC. (Attachments: # 1 Judgment)(vln) (Entered: 11/22/2021)
Disclosure Statement by Hypertherm, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. Disclosure Statement Local Rule 7.1.1 (Quillen, Henry) (Entered: 07/20/2021)
///ORDER granting 7 Motion for Entry of Default. So Ordered by Daniel J. Lynch, Clerk of Court.Motions due by 10/6/2021. Damages Hearing set for 10/27/2021 10:00 AM before Magistrate Judge Andrea K. Johnstone.(vln) (Entered: 09/15/2021)
MOTION to Extend Time to 10/13/2021 Plaintiff`s Motion for Extension of Time to Move for Default Judgment filed by Hypertherm, Inc..Follow up on Objection on 10/20/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Quillen, Henry) (Entered: 10/06/2021)
STATUS REPORT by Hypertherm, Inc. : Update on Settlement Discussions(Quillen, Henry) (Entered: 11/10/2021)
FINAL CONSENT JUDGMENT. So Ordered by Judge Paul J. Barbadoro.(vln) (Entered: 11/19/2021)
JUDGMENT is hereby entered in accordance with 14 Final Consent Judgment, 8 Order on Motion for Default. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (vln) (Entered: 11/22/2021)
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