1:20-cv-00903 - Stephen Thaler v. Mitchell Apper et al.

Detail

Case Number

1:20-cv-00903

Current Status

closed

Cause of Action

Other

Related Case(s)

2021-2347

Court

Virginia Eastern District Court

Plaintiff(s)

Stephen Thaler

Defendant(s)

Mitchell Apper

Andrei Iancu

United States Patent & Trademark Office

Judge

Leonie M. Brinkema

Filing Date

2020-08-06

Termination Date

2021-09-02

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Dockets
Text
CIVIL DOCKET
Final Civil Docket 09-02-2021
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Theresa Carroll Buchanan. (dvanm, ) (Entered: 08/07/2020)
Notice of Correction re 18 MOTION for Summary Judgment. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) (Entered: 01/19/2021)
Notice of Correction re 3 Motion to appear Pro Hac Vice by Ryan Abbott and Certification of Local Counsel Filing fee $ 75, receipt number 0422-7343216. Filing user notified to refile document after saving/printing to PDF. (dvanm, ) (Entered: 08/10/2020)
Reset Deadlines as to 23 MOTION for Summary Judgment , 18 MOTION for Summary Judgment . Motion Hearing set for 4/6/2021 at 10:00 AM in Alexandria Telephonically before District Judge Leonie M. Brinkema. (klau, ) (Entered: 03/24/2021)
Set Deadlines as to 18 MOTION for Summary Judgment . Motion Hearing set for 3/29/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 01/21/2021)
Set Deadlines as to 23 MOTION for Summary Judgment . Motion Hearing set for 3/29/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 02/25/2021)
Complaint ( Filing fee $ 400, receipt number 0422-7340551.), filed by Stephen Thaler. (Attachments: # 1 Civil Cover Sheet)(Neri, Geoffrey) (Entered: 08/06/2020)
Summons Issued as to United States Patent and Trademark Office. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 08/27/2020)
Summons Issued as to Andrei Iancu, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice to Attorney)(choy, ) (Entered: 09/08/2020)
NOTICE by Andrei Iancu, United States Patent and Trademark Office of Submission of Administrative Record (Attachments: # 1 Certification/Table of Contents, # 2 A1-253, # 3 A254-478, # 4 A479-531)(Barghaan, Dennis) (Entered: 11/30/2020)
MOTION for Summary Judgment by Stephen Thaler. (Attachments: # 1 Proposed Order)(Neri, Geoffrey) (Entered: 01/18/2021)
Consent MOTION for Extension of Time by Andrei Iancu, United States Patent and Trademark Office. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 02/12/2021)
MOTION to Take Leave to Accept Attached Amiscus Curiae Memorandum Opposing MSJ by Mitchell Apper. (Attachments: # 1 Memorandum)(shea) (Entered: 02/24/2021)
Proposed Summons re 1 Complaint by Stephen Thaler. (Neri, Geoffrey) (Entered: 08/07/2020)
Motion to appear Pro Hac Vice by Ryan Abbott and Certification of Local Counsel Filing fee $ 75, receipt number 0422-7343216. by Stephen Thaler. (Neri, Geoffrey) (Main Document 3 replaced on 8/10/2020) (dvanm, ). (Entered: 08/09/2020)
Proposed Summons re AG by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/04/2020)
Proposed Summons re DA by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/04/2020)
Proposed Summons re USPTO by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/04/2020)
AFFIDAVIT of Service for Summons served on States Attorney for the Eastern District of Virginia on 09/03/2020, filed by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/24/2020)
AFFIDAVIT of Service for Summons served on Andrei Iancu on 09/14/2020, filed by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/24/2020)
AFFIDAVIT of Service for Summons served on Attorney General of the United States Main Justice Building on 09/11/2020, filed by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/24/2020)
AFFIDAVIT of Service for Summons served on General Counsel United States Patent and Trademark Office on 09/14/2020, filed by Stephen Thaler. (Neri, Geoffrey) (Entered: 09/24/2020)
ANSWER to Complaint by Andrei Iancu, United States Patent and Trademark Office.(Barghaan, Dennis) (Entered: 11/13/2020)
ORDERED that, on or before December 1, 2020, defendants shall file the administrative record of proceedings before the USPTO; it is further ORDERED that on or before January 18, 2021, plaintiff shall file his motion for summary judgment, along with a memorandum of law in support of the motion. Signed by District Judge Leonie M. Brinkema on 11/19/2020. (see order for details)(dvanm, ) (Entered: 11/19/2020)
Motion to appear Pro Hac Vice by Ryan Abbott and Certification of Local Counsel by Stephen Thaler. (Neri, Geoffrey) (Entered: 01/07/2021)
ORDER granting 16 Motion for Pro hac vice as to Ryan Abbott. Signed by District Judge Leonie M. Brinkema on 01/11/2021. (dvanm, ) (Entered: 01/11/2021)
Memorandum in Support re 18 MOTION for Summary Judgment filed by Stephen Thaler. (Neri, Geoffrey) (Entered: 01/18/2021)
Notice of Hearing Date set for 03/29/2021 re 18 MOTION for Summary Judgment (Neri, Geoffrey) (Entered: 01/19/2021)
ORDER granting 21 Motion for Extension of Time to File. Signed by District Judge Leonie M. Brinkema on 02/12/2021. (dvanm, ) (Entered: 02/12/2021)
MOTION for Summary Judgment by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) (Entered: 02/24/2021)
Memorandum in Support re 23 MOTION for Summary Judgment filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) (Entered: 02/24/2021)
Memorandum in Opposition re 18 MOTION for Summary Judgment filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) (Entered: 02/24/2021)
Notice of Hearing Date set for 3/29/2021 re 23 MOTION for Summary Judgment (Barghaan, Dennis) (Entered: 02/24/2021)
Reply to Motion re 18 MOTION for Summary Judgment And Opposition to 24 Defendants` Motion for Summary Judgment filed by Stephen Thaler. (Neri, Geoffrey) (Entered: 03/10/2021)
ORDER that the hearing on the parties` cross motions for summary judgment [Dkt. Nos. 18 and 23] be and is RESCHEDULED from March 29, 2021 at 10:00 am to April 6, 2021 at 10:00 am. The hearing will take place by teleconference. ---- (see order for details). Signed by District Judge Leonie M. Brinkema on 3/24/21. (klau, ) (Entered: 03/24/2021)
REPLY to Response to Motion re 23 MOTION for Summary Judgment filed by Andrei Iancu, United States Patent and Trademark Office. (Barghaan, Dennis) (Entered: 03/24/2021)
Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held (via TELECONFERENCE)on 4/6/2021. Appearances of counsel. Pltfs 18 MOTION for Summary Judgment and defts 23 MOTION for Summary Judgment are argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 04/06/2021)
Proof of Service for Amicus Curiae Motion and Memorandum Opposing Motion for Summary Judgment by Mitchell Apper. (kgall) (Entered: 04/16/2021)
MEMORANDUM OPINION re: motions 23 , 18 , and 27 . Signed by District Judge Leonie M. Brinkema on 09/02/2021. (dvanm, ) (Entered: 09/02/2021)
ORDER denying 18 Plaintiff`s Motion for Summary Judgment; granting 23 Defendant`s Motion for Summary Judgment; granting 27 Motion to Take Leave to Accept Attached Amicus Curiae Memorandum Opposing MSJ and Motion to Waive Fees. Signed by District Judge Leonie M. Brinkema on 09/02/2021. (dvanm, ) (Entered: 09/02/2021)
RULE 58 JUDGMENT. Signed by Clerk on 09/02/2021. (dvanm, ) (Entered: 09/02/2021)
Timeline
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Patents In Case