3:20-cv-00995 - Edmonds Outdoors LLC Doing Business AS Gunner Kennels v. Expedite International Inc Doing Business AS Lucky Duck

Detail

Case Number

3:20-cv-00995

Current Status

closed

Cause of Action

Patent Infringement

Related Case(s)

N/A

Court

Wisconsin Western District Court

Plaintiff(s)

Edmonds Outdoors LLC Doing Business AS Gunner Kennels

Operating Company

Defendant(s)

Expedite International Inc Doing Business AS Lucky Duck

Judge

William M. Conley

Filing Date

2020-10-30

Termination Date

2021-12-17

Not a member? Sign up for free!
Dockets
Text
CIVIL DOCKET
Final Civil Docket 12-17-2021
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 1/20/2021 [:10] (cak) (Entered: 01/21/2021)
Pursuant to Fed. R. Civ. P. 41(a)(1), this case is closed without further order of the court. (arw) (Entered: 12/17/2021)
Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 1/20/2021 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (rks) (Entered: 12/23/2020)
Set/Reset Briefing Deadlines as to 46 Motion for Leave to File / Serve its Third Supplemental Infringement Contentions. Brief in Opposition due 11/12/2021. Brief in Reply due 11/19/2021. (jls) (Entered: 11/09/2021)
Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (jls) (Entered: 10/30/2020)
Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (jls) (Entered: 10/30/2020)
** TEXT ONLY ORDER ** ORDER granting 6 Motion to Admit Katherine Fink Pro Hac Vice; granting 7 Motion to Admit John Webb Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 11/5/2020. (lak) (Entered: 11/05/2020)
** TEXT ONLY ORDER ** ORDER granting 9 Motion for Extension of Time to Answer. Expedite International Inc. answer due 12/24/2020. Signed by Magistrate Judge Stephen L. Crocker on 11/20/2020. (rks) (Entered: 11/20/2020)
** TEXT ONLY ORDER ** The parties` stipulated protective order is accepted and entered as the court`s order. Signed by Magistrate Judge Stephen L. Crocker on 3/3/2021. (rks) (Entered: 03/03/2021)
** TEXT ONLY ORDER ** The court is in receipt of plaintiff`s unopposed motion for leave to file a second amended complaint and to amend the schedule (dkt. 25 ), in which it seeks to bring additional claims based on two newly acquired patents. Because there does not appear to be any undue delay, bad faith or dilatory motive, undue prejudice, or futility of amendment, the court will GRANT the motion to amend. See Foman v. Davis, 371 U.S. 178, 182 (1962). Amendments to the schedule will be referred to Magistrate Judge Crocker. Signed by District Judge William M. Conley on 4/16/2021. (rks) (Entered: 04/16/2021)
** TEXT ONLY ORDER ** The parties` proposed revisions to the schedule, set forth on page 3 of dkt. 25 , are accepted by the court. The schedule is amended accordingly. Dates not noted by the parties--including the August 15, 2022 trial date-- remain unchanged. Signed by Magistrate Judge Stephen L. Crocker on 4/16/2021. (rks) (Entered: 04/16/2021)
** TEXT ONLY ORDER ** ORDER granting 41 Motion to Admit Jonathan Pieter van Es Pro Hac Vice; granting 42 Motion to Admit Katie L. Becker Pro Hac Vice; granting 43 Motion to Admit Alexander J. Breuning Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 10/13/2021. (lak) (Entered: 10/13/2021)
COMPLAINT against Expedite International Inc.. ( Filing fee $ 400 receipt number 0758-2775496.), filed by Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit A - Patent US10,709,105, # 2 JS-44 Civil Cover Sheet, # 3 Summons, # 4 Report on Filing Patent/Trademark Action) (Berghammer, Joseph) (Entered: 10/30/2020)
COMPLAINT against Expedite International Inc.. ( Filing fee $ 400 receipt number 0758-2775496.), filed by Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit A - Patent US10,709,105, # 2 JS-44 Civil Cover Sheet, # 3 Summons, # 4 Report on Filing Patent/Trademark Action) (Berghammer, Joseph) (Entered: 10/30/2020)
AMENDED COMPLAINT (FIRST) against Expedite International Inc., filed by Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit A - Patent No. 10,709,105, # 2 Exhibit B - Patent No. 10,881,078) (Berghammer, Joseph) (Entered: 01/06/2021)
Joint Report of Rule 26(f) Planning Meeting (Attachments: # 1 Exhibit A - Agreed Proposed Schedule) (Webb, John) (Entered: 01/15/2021)
Proof of Standing to Sue on Claimed Patents by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC (Attachments: # 1 Exhibit A - Notice of Recordation 62/109,606, # 2 Exhibit B - 3.73(b) Statement 62/109,606, # 3 Exhibit C - Assignment - 29/539,652, # 4 Exhibit D - Assignment - 14/452,010, # 5 Exhibit E - Assignment - 15/011,453, # 6 Exhibit F - Assignment - 16/285,095) (Webb, John) (Entered: 02/05/2021)
Joint Motion for Protective Order by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order) (Webb, John) (Entered: 02/24/2021)
Unopposed Motion to Amend 13 Amended Complaint and Amend the Schedule by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. Brief in Opposition due 4/20/2021. Brief in Reply due 4/27/2021. (Attachments: # 1 Attachment A - Proposed Second Amended Complaint with Exhibits Attached, # 2 Attachment B - Redline Showing the Differences Between the First Amended Complaint and the Second Amended Complaint, # 3 Text of Proposed Order) (Webb, John) Modified on 4/14/2021: Added exhibit descriptions. Detailed e-mail sent to counsel. (lak) (Entered: 04/13/2021)
Supplemental Proof of Standing to Sue on Claimed Patents by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC (Attachments: # 1 Exhibit A - Notice of Recordation of Assignment Document - Application Number 62109606, # 2 Exhibit B - Statement Under 37 CFR 3.73(b) - Application 62/109,606, # 3 Exhibit C - Patent Assignment - Application Number 29539652, # 4 Exhibit D - Patent Assignment - Application Number 14452010, # 5 Exhibit E - Patent Assignment - Application Number 15011453, # 6 Exhibit F - Patent Assignment - Application Number 16285095, # 7 Exhibit G - Patent Assignment - Application Number 15427037 and Patent 10,966,408) (Webb, John) (Entered: 04/20/2021)
Motion for Leave to File Supplemental Second Amended Complaint by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit 1 - Supplemental Second Amended Complaint (Clean), # 2 Exhibit A to Supplemental Second Amended Complaint - U.S. Patent No. 10,709,105, # 3 Exhibit B to Supplemental Second Amended Complaint - U.S. Patent No. 10,881,078, # 4 Exhibit C to Supplemental Second Amended Complaint - U.S. Patent No. 10,966,407, # 5 Exhibit D to Supplemental Second Amended Complaint - U.S. Patent No. 10,996,408, # 6 Exhibit 2 - Supplemental Second Amended Complaint (Redline), # 7 Exhibit 3 - Email correspondence between Gunner and Lucky Duck`s counsel (4/22/2021 - 5/4/2021), # 8 Exhibit 4 - Email correspondence between Gunner and Lucky Duck`s counsel (5/21/2021), # 9 Text of Proposed Order) (Webb, John) (Entered: 05/25/2021)
AMENDED COMPLAINT (Third) against Expedite International Inc., filed by Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit A - U.S. Patent No. 10,709,105, # 2 Exhibit B - U.S. Patent No. 10,881,078, # 3 Exhibit C - U.S. Patent No. 10,966,407, # 4 Exhibit D - U.S. Patent No. 10,966,408) (Berghammer, Joseph) (Entered: 06/21/2021)
Motion to Compel Plaintiff to Narrow the Number of Asserted Patent Claims by Defendant Expedite International Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 9/8/2021. (Attachments: # 1 Exhibit A - Infringement Contentions, # 2 Exhibit B - Invalidity Contentions, # 3 Exhibit C - July 15, 2021 Email and Related Chain Regarding Narrowing Number of Asserted Claims, # 4 Exhibit D - August 31, 2021 Email from J. Webb to J. Gregor) (Gregor, Jennifer) (Entered: 09/01/2021)
Motion for Leave to File / Serve its Third Supplemental Infringement Contentions by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Attachments: # 1 Exhibit 1 - Third Supplemental Infringement Contentions (clean version), # 2 Exhibit 2 - Third Supplemental Infringement Contentions (redline version)) (Webb, John) (Entered: 11/04/2021)
Declaration of Alexander C. Lemke filed by Defendant Expedite International Inc. re: 46 Motion for Leave to File, (Sealed Document) (Attachments: # 1 Exhibit A - Report of Steven Carl Visser, # 2 Exhibit B - Plaintiff`s Preliminary Disclosure of Infringement Contentions, # 3 Exhibit C - Plaintiff`s First Supplemental Preliminary Disclosure of Infringement Contentions, # 4 Exhibit D - Plaintiff`s Second Supplemental Preliminary Disclosure of Infringement Contentions, # 5 Exhibit E - Sept. 22, 2021 Plaintiff`s letter to Defendants, # 6 Exhibit F - Nov. 4, 2021 email, # 7 Exhibit G - Plaintiff`s Responses and Objections to Defendant`s First Set of Interrogatories, # 8 Exhibit H - Defendant`s Proposed Construction of Claim Terms, # 9 Exhibit I - Emails between Plaintiff and Defendant, # 10 Exhibit J - Plaintiff`s Response to Defendant`s Identification of Terms For Claim Construction, # 11 Exhibit K - Defendant`s Responsive Proposed Construction of Claim Terms) (Gregor, Jennifer) Modified on 11/15/2021. (lak) (Entered: 11/12/2021)
Redaction to 48 Declaration, by Defendant Expedite International Inc. (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Plaintiff`s Preliminary Disclosure of Infringement Contentions, # 3 Exhibit C - Plaintiff`s First Supplemental Preliminary Disclosure of Infringement Contentions, # 4 Exhibit D - Plaintiff`s Second Supplemental Preliminary Disclosure of Infringement Contentions, # 5 Exhibit E - Sept. 22, 2021 Plaintiff`s letter to Defendants, # 6 Exhibit F - Nov. 4, 2021 email, # 7 Exhibit G - Plaintiff`s Responses and Objections to Defendant`s First Set of Interrogatories, # 8 Exhibit H - Defendant`s Proposed Construction of Claim Terms, # 9 Exhibit I - Emails between Plaintiff and Defendant, # 10 Exhibit J - Plaintiff`s Response to Defendant`s Identification of Terms For Claim Construction, # 11 Exhibit K - Defendant`s Responsive Proposed Construction of Claim Terms) (Gregor, Jennifer) Modified on 11/15/2021. (lak) (Entered: 11/12/2021)
Declaration of John A. Webb filed by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC re: 50 Motion to Strike, (Sealed Document) (Attachments: # 1 Exhibit 1 - Lucky Duck`s Invalidity Contentions, # 2 Exhibit 2 - Lucky Duck`s Amended Invalidity Contentions, # 3 Exhibit 3 - Excerpt of Lucky Duck`s Supplemental Responses to 1st Set of Interrogatories, # 4 Exhibit 4 - Lucky Duck`s Expert Report of Lance Rake, # 5 Exhibit 5 - Table summarizing Obviousness Combinations in Expert Report of Lance Rake) (Webb, John) (Entered: 11/17/2021)
Redaction to 51 Declaration of John A. Webb by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC (Attachments: # 1 Exhibit 1 - Lucky Duck`s Invalidity Contentions, # 2 Exhibit 2 - Lucky Duck`s Amended Invalidity Contentions, # 3 Exhibit 3 - Excerpt of Lucky Duck`s Supplemental Responses to 1st Set of Interrogatories, # 4 Exhibit 4 - Lucky Duck`s Expert Report of Lance Rake, # 5 Exhibit 5 - Table summarizing Obviousness Combinations in Expert Report of Lance Rake) (Webb, John) (Entered: 11/17/2021)
Corporate Disclosure Statement by Plaintiff Edmonds Outdoors, LLC. (Berghammer, Joseph) (Entered: 10/30/2020)
Report on Filing of Patent or Trademark Action. Copy provided to the US Patent and Trademark Office electronically. (jls) (Entered: 10/30/2020)
Summons Issued as to Expedite International Inc. (jls) (Entered: 10/30/2020)
Summons Returned Executed. Expedite International Inc. served on 11/3/2020, answer due 11/24/2020. (Berghammer, Joseph) (Entered: 11/04/2020)
Motion to Admit Katherine Fink Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2778688.) by Plaintiff Edmonds Outdoors, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Fink, Katherine) (Entered: 11/05/2020)
Motion to Admit John Webb Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2778715.) by Plaintiff Edmonds Outdoors, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Webb, John) (Entered: 11/05/2020)
Unopposed Motion for Extension of Time to File Answer - Unopposed Motion to Extend Time to Respond to Plaintiff`s Complaint by Defendant Expedite International Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Gregor, Jennifer) (Entered: 11/20/2020)
ANSWER with Jury Demand, COUNTERCLAIM against Edmonds Outdoors, LLC by Defendant Expedite International, Inc. (Gregor, Jennifer) Modified on 12/22/2020. (lak) (Entered: 12/22/2020)
Corporate Disclosure Statement by Defendant Expedite International Inc.. (Gregor, Jennifer) (Entered: 12/22/2020)
Answer to 11 Counterclaim by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Berghammer, Joseph) (Entered: 01/12/2021)
ANSWER to Amended Complaint , COUNTERCLAIM against Edmonds Outdoors, LLC by Defendant Expedite International Inc. (Gregor, Jennifer) Modified on 1/20/2021 (voc). (Entered: 01/20/2021)
Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 1/21/2021. (rks) (Entered: 01/21/2021)
Notice of Appearance filed by Ernest W. Grumbles, III for Counter Claimant Expedite International Inc., Defendant Expedite International Inc.. (Grumbles, Ernest) (Entered: 01/22/2021)
Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Proof of Standing to sue on claimed patents due 2/5/2021. Preliminary Disclosure of Infringement Contentions due 3/5/2021. Preliminary Disclosure of Invalidity and Unenforceability Contentions due 5/14/2021. Motions Requesting Claims Construction due 6/18/2021. Claims Construction Response Brief due 7/16/2021. Dispositive Motions due 10/15/2021. Settlement Letters due 6/3/2022. Motions in Limine due 6/17/2022. Response to Motion due 7/1/2022. Final Pretrial Conference set for 7/26/2022 at 04:00 PM. Jury Selection and Trial set for 8/15/2022 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 1/21/2021. (rks) (Entered: 01/22/2021)
Reply to Counterclaim by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Webb, John) (Entered: 02/03/2021)
Notice of Appearance filed by Alexander Lemke for Defendant Expedite International Inc. (Lemke, Alexander) (Entered: 03/26/2021)
ANSWER with Jury Demand, COUNTERCLAIM against Edmonds Outdoors, LLC by Expedite International, Inc. (Gregor, Jennifer) Modified on 5/6/2021. (lak) (Entered: 05/06/2021)
Answer to 29 Counterclaim by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Webb, John) (Entered: 05/20/2021)
Brief in Opposition by Defendant Expedite International Inc. re: 31 Motion for Leave to File,,, filed by Edmonds Outdoors, LLC - Response to Plaintiff`s Motion for Leave to File A "Supplemental Second Amended Complaint " (Gregor, Jennifer) (Entered: 06/01/2021)
Brief in Reply by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC in Support of 31 Motion for Leave to File,,, Supplemental Second Amended Complaint (Webb, John) (Entered: 06/02/2021)
ORDER granting 31 Motion for Leave to File Supplemental Second Amended Complaint. Signed by District Judge William M. Conley on 6/21/2021. (rks) (Entered: 06/21/2021)
ANSWER to Amended Complaint (Third), Affirmative Defenses, and COUNTERCLAIM against Edmonds Outdoors, LLC by Expedite International Inc. (Gregor, Jennifer) Modified on 7/2/2021. (lak) (Entered: 07/02/2021)
Reply to Counterclaim by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. (Webb, John) (Entered: 07/12/2021)
Notice of Appearance filed by Matthew M Wuest for Counter Claimant Expedite International Inc., Defendant Expedite International Inc.. (Wuest, Matthew) (Entered: 09/08/2021)
Stipulation Regarding Asserted Patent Claims and Resolving Defendant`s Motion to Compel (Dkt. 38) by Defendant Expedite International Inc. (Gregor, Jennifer) (Entered: 09/08/2021)
Motion to Admit Jonathan Pieter van Es Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2948328.) by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (van Es, Jonathan) (Entered: 10/12/2021)
Motion to Admit Katie L. Becker Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2948339.) by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Becker, Katie) (Entered: 10/12/2021)
Motion to Admit Alexander J. Bruening Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2948344.) by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Bruening, Alexander) (Entered: 10/12/2021)
Stipulation Regarding Amended Invalidity Contentions by Defendant Expedite International Inc. (Gregor, Jennifer) (Entered: 10/22/2021)
Brief in Opposition by Defendant Expedite International Inc. re: 46 Motion for Leave to File, filed by Edmonds Outdoors, LLC. (Request for Expedited Consideration). (Gregor, Jennifer) (Entered: 11/12/2021)
Motion to Strike Portions of Expedite International, Inc.`s Expert Report of Lance Rake by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC. Brief in Opposition due 12/1/2021. Brief in Reply due 12/8/2021. (Webb, John) (Entered: 11/17/2021)
Brief in Reply by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC in Support of 46 Motion for Leave to File, / Serve Third Supplemental Infringement Contentions (Webb, John) (Entered: 11/19/2021)
Brief in Opposition by Defendant Expedite International Inc. re: 50 Motion to Strike, filed by Edmonds Outdoors, LLC (Gregor, Jennifer) (Entered: 12/01/2021)
Brief in Reply by Plaintiff Edmonds Outdoors, LLC, Counter Defendant Edmonds Outdoors, LLC in Support of 50 Motion to Strike, Portions of Expedite International, Inc.`s Expert Report Of Lance Rake (Webb, John) (Entered: 12/08/2021)
STIPULATION of Dismissal (Webb, John) (Entered: 12/16/2021)
Timeline
filed_date
closed_date
Oct
Nov
Dec
2021
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2022
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2023
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Patents In Case

Not a member? Sign up for free!