| Date Filed | Doc # | Docket Text |
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| 2022-04-25 | 1 | COMPLAINT against U.S. PATENT AND TRADEMARK OFFICE (Filing fee $ 402) filed by SMARTFLASH, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(rj) (Entered: 04/25/2022) |
| 2022-04-25 | 2 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael R. Casey, Filing fee $ 100. Fee Status: Fee Paid. by SMARTFLASH, LLC. (Attachments: # 1 Affidavit Declaration of Michael R. Casey, # 2 Text of Proposed Order)(Neustadt, Arthur) (Entered: 04/25/2022) |
| 2022-04-25 | 3 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elissa L. Sanford, Filing fee $ 100. Fee Status: Fee Paid. by SMARTFLASH, LLC. (Attachments: # 1 Affidavit Declaration of Elissa Sanford, # 2 Text of Proposed Order)(Neustadt, Arthur) (Entered: 04/25/2022) |
| 2022-04-25 | 4 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SMARTFLASH, LLC (rj) (Entered: 04/25/2022) |
| 2022-04-25 | 5 | REQUEST FOR SUMMONS TO ISSUE filed by SMARTFLASH, LLC.(rj) (Entered: 04/25/2022) |
| 2022-04-26 | | Payment for 1 Complaint,. ($402; Receipt number ADCDC-9195481). (Neustadt, Arthur) (Entered: 04/26/2022) |
| 2022-04-28 | | NOTICE OF ERROR re 1 Complaint; emailed to aneustadt@oblon.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, ) (Entered: 04/28/2022) |
| 2022-04-28 | | NOTICE OF ERROR re 2 , 3 Motion for Leave to Appear Pro Hac Vice; emailed to aneustadt@oblon.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Declaration missing wet signature on Pro Hac Vice. Please submit an errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, ). (Entered: 04/28/2022) |
| 2022-04-28 | 6 | ERRATA by SMARTFLASH, LLC. (Attachments: # 1 Exhibit Corrected Complaint)(Neustadt, Arthur) (Entered: 04/28/2022) |
| 2022-04-28 | 7 | REQUEST FOR SUMMONS TO ISSUE filed by SMARTFLASH, LLC.(Neustadt, Arthur) (Entered: 04/28/2022) |
| 2022-04-28 | 8 | ERRATA by SMARTFLASH, LLC. (Attachments: # 1 Exhibit Declaration of Michael R. Casey)(Neustadt, Arthur) (Entered: 04/28/2022) |
| 2022-04-28 | 9 | ERRATA by SMARTFLASH, LLC. (Attachments: # 1 Exhibit Declaration of Elissa L. Sanford)(Neustadt, Arthur) (Entered: 04/28/2022) |
| 2022-05-02 | | Case Assigned to Chief Judge Beryl A. Howell. (zjm) (Entered: 05/02/2022) |
| 2022-05-02 | 10 | SUMMONS (3) Issued Electronically as to U.S. PATENT AND TRADEMARK OFFICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 05/02/2022) |
| 2022-05-02 | 11 | STANDING ORDER. Signed by Chief Judge Beryl A. Howell on May 2, 2022. (lcbah4) (Entered: 05/02/2022) |
| 2022-05-02 | | MINUTE ORDER (paperless) GRANTING plaintiff's 2 Motion for Admission of Attorney Pro Hac Vice . Mr. Michael R. Casey may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Chief Judge Beryl A. Howell on May 2, 2022. (lcbah4) (Entered: 05/02/2022) |
| 2022-05-02 | | MINUTE ORDER (paperless) GRANTING plaintiff's 3 Motion for Admission of Attorney Pro Hac Vice . Ms. Elissa L. Sanford may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Chief Judge Beryl A. Howell on May 2, 2022. (lcbah4) (Entered: 05/02/2022) |
| 2022-05-13 | 12 | NOTICE of Appearance by Michael Raymond Casey on behalf of SMARTFLASH, LLC (Casey, Michael) (Entered: 05/13/2022) |
| 2022-05-13 | 13 | NOTICE of Appearance by Elissa Sanford on behalf of SMARTFLASH, LLC (Sanford, Elissa) (Entered: 05/13/2022) |
| 2022-05-26 | 14 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2022. (Neustadt, Arthur) (Entered: 05/26/2022) |
| 2022-05-26 | 15 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. PATENT AND TRADEMARK OFFICE served on 5/16/2022 (Neustadt, Arthur) (Entered: 05/26/2022) |
| 2022-05-26 | 16 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/18/2022. (Neustadt, Arthur) (Entered: 05/26/2022) |
| 2022-06-15 | 17 | NOTICE of Appearance by Paul Cirino on behalf of U.S. PATENT AND TRADEMARK OFFICE (Cirino, Paul) (Entered: 06/15/2022) |
| 2022-06-15 | 18 | ANSWER to 1 Complaint, by U.S. PATENT AND TRADEMARK OFFICE.(Cirino, Paul) (Entered: 06/15/2022) |
| 2022-06-29 | 19 | Joint STATUS REPORT by U.S. PATENT AND TRADEMARK OFFICE. (Cirino, Paul) (Entered: 06/29/2022) |
| 2022-06-29 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to file, by September 27, 2022, a joint status report indicating whether any issues remain and, if so, a proposed schedule to govern future proceedings in this matter. Signed by Chief Judge Beryl A. Howell on June 29, 2022. (lcbah4) (Entered: 06/29/2022) |
| 2022-06-30 | | Set/Reset Deadlines: Joint Status Report due by 9/27/2022. (ztg) (Entered: 06/30/2022) |
| 2022-07-22 | 20 | NOTICE of Appearance by Siddhesh Pandit on behalf of SMARTFLASH, LLC (Pandit, Siddhesh) (Entered: 07/22/2022) |
| 2022-08-03 | 21 | Unopposed MOTION to Withdraw as Attorney Arthur I. Neustadt and Elissa L. Sanford by SMARTFLASH, LLC. (Neustadt, Arthur) (Entered: 08/03/2022) |
| 2022-08-03 | | MINUTE ORDER (paperless) GRANTING the 21 Unopposed Motion to Withdraw as Counsel for Plaintiff filed by Mr. Arthur I. Neustadt and Ms. Elissa L. Sanford as former counsel for plaintiff. Signed by Chief Judge Beryl A. Howell on August 3, 2022. (lcbah4) (Entered: 08/03/2022) |
| 2022-08-19 | 22 | NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of U.S. PATENT AND TRADEMARK OFFICE Substituting for attorney Paul Cirino (Hammond, Derek) (Entered: 08/19/2022) |
| 2022-09-27 | 23 | Joint STATUS REPORT by U.S. PATENT AND TRADEMARK OFFICE. (Hammond, Derek) (Entered: 09/27/2022) |
| 2022-09-28 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to file, by October 3, 2022, their proposed schedule to govern future proceedings in this matter. Signed by Chief Judge Beryl A. Howell on September 28, 2022. (lcbah4) (Entered: 09/28/2022) |
| 2022-09-29 | | Set/Reset Deadlines: Response to Order of the Court due by 10/3/2022. (ztg) (Entered: 09/29/2022) |
| 2022-09-30 | 24 | Joint STATUS REPORT and Proposed Schedules by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Hammond, Derek) (Entered: 09/30/2022) |
| 2022-10-05 | | MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 24 Joint Status Report and Proposed Schedules, and over plaintiff's objection, given that plaintiff has shown no prejudice from adoption of the longer briefing schedule, the following SCHEDULING ORDER: (1) by November 15, 2022, defendant shall file any motion for summary judgment; (2) by December 13, 2022, plaintiff shall file its response to defendant's motion for summary judgment and any cross-motion for summary judgment; (3) by January 3, 2023, defendant shall file its reply in support of its motion and any response to plaintiff's cross-motion; and (4) by January 24, 2023, plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on October 5, 2022. (lcbah4) (Entered: 10/05/2022) |
| 2022-10-05 | | Set/Reset Deadlines: Summary judgment motion due by 11/15/2022; cross-motion and opposition to motion for summary judgment due by 12/13/2022; opposition to cross-motion and reply to opposition to summary judgment motion due by 1/3/2023; reply to opposition to cross-motion due by 1/24/2023. (ztg) (Entered: 10/05/2022) |
| 2022-11-15 | 25 | MOTION for Extension of Time to File by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 11/15/2022) |
| 2022-11-16 | 26 | Memorandum in opposition to re 25 Motion for Extension of Time to File Summary Judgment Motion filed by SMARTFLASH, LLC. (Attachments: # 1 Text of Proposed Order)(Pandit, Siddhesh) (Entered: 11/16/2022) |
| 2022-11-17 | | NOTICE OF ERROR re 26 Memorandum in Opposition; emailed to svp@maierandmaier.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. FYI: DO NOT REFILE. Attorney signature must match login/password in all future filings. (zed, ) (Entered: 11/17/2022) |
| 2022-11-17 | | MINUTE ORDER (paperless) GRANTING, in part, the government's 25 Motion for Extension of Time; and AMENDING the SCHEDULING ORDER previously entered on October 5, 2022, as follows: (1)By November 23, 2022, the government shall file any motion for summary judgment; (2)By December 21, 2022: plaintiff shall file its response to the governments motion for summary judgment and any cross-motion for summary judgment; (3)By January 11, 2023: the government shall file its reply in support of its motion and any response to plaintiffs cross-motion; (4)By February 1, 2023: plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on November 17, 2022. (lcbah4) (Entered: 11/17/2022) |
| 2022-11-18 | | Set/Reset Deadlines: Government's motion for summary judgment due by 11/23/2022; plaintiff's response to the governments motion for summary judgment and any cross-motion for summary judgment due by 12/21/2022; government's reply in support of its motion and any response to plaintiffs cross-motion due by 1/11/2023; plaintiff's reply in support of its cross-motion due by 2/1/2023. (ztg) (Entered: 11/18/2022) |
| 2022-11-23 | 27 | MOTION for Summary Judgment by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Caitlin Trujillo, # 4 Text of Proposed Order)(Hammond, Derek). Added MOTION to Dismiss on 11/28/2022 (zjm). (Entered: 11/23/2022) |
| 2022-12-21 | 28 | RESPONSE re 27 MOTION for Summary Judgment MOTION to Dismiss and Cross-Motion for Summary Judgment and Motion to Strike filed by SMARTFLASH, LLC. (Attachments: # 1 Memorandum in Support of Cross Motion and Motion to Strike and n Opposition to Motion, # 2 Text of Proposed Order, # 3 Plaintiff's Response to Defendant's Material Facts, # 4 Statement of Facts of Plaintiff, # 5 Declaration of Michael R. Casey)(Casey, Michael) (Entered: 12/21/2022) |
| 2022-12-21 | 29 | Cross MOTION for Summary Judgment, MOTION to Strike 27 MOTION for Summary Judgment MOTION to Dismiss by SMARTFLASH, LLC. (See Docket Entry 28 to view document). (zed) (Entered: 12/22/2022) |
| 2023-01-10 | 30 | Unopposed MOTION for Extension of Time to File Response/Reply by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 01/10/2023) |
| 2023-01-10 | | MINUTE ORDER (paperless) GRANTING the government's 30 Unopposed Motion for an Extension of Time, and AMENDING the SCHEDULING ORDER previously entered on November 17, 2022, as follows: (1) By January 18, 2023, the government shall file its reply in support of its 27 Motion for Summary Judgment and any response to plaintiffs 29 Cross-Motion for Summary Judgment; and (2) By February 8, 2023, the plaintiff shall file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on January 10, 2023. (lcbah4) (Entered: 01/10/2023) |
| 2023-01-11 | | Set/Reset Deadlines: Government's reply in support of its 27 Motion for Summary Judgment and any response to plaintiffs 29 Cross-Motion for Summary Judgment due by 1/18/2023; plaintiff's reply in support of its cross-motion due by 2/8/2023. (ztg) (Entered: 01/11/2023) |
| 2023-01-18 | 31 | REPLY to opposition to motion re 27 MOTION for Summary Judgment MOTION to Dismiss filed by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration of Caitlin Trujillo (Second))(Hammond, Derek) (Entered: 01/18/2023) |
| 2023-01-18 | 32 | Memorandum in opposition to re 29 Motion for Summary Judgment, Motion to Strike filed by U.S. PATENT AND TRADEMARK OFFICE. (Attachments: # 1 Declaration of Caitlin Trujillo (Second), # 2 Statement of Facts (Response), # 3 Text of Proposed Order)(Hammond, Derek) (Entered: 01/18/2023) |
| 2023-01-27 | 33 | MOTION for Extension of Time to File Response/Reply by SMARTFLASH, LLC. (Attachments: # 1 Text of Proposed Order)(Casey, Michael) (Entered: 01/27/2023) |
| 2023-01-30 | | MINUTE ORDER (paperless) GRANTING plaintiffs 33 Unopposed Motion for Extension of Time, and DIRECTING plaintiff to file any reply in support of its 29 Cross-Motion for Summary Judgment by February 15, 2023. Signed by Chief Judge Beryl A. Howell on January 30, 2023. (lcbah4) (Entered: 01/30/2023) |
| 2023-01-31 | | Set/Reset Deadlines: Plaintiff's reply in support of its 29 Cross-Motion for Summary Judgment due by 2/15/2023. (ztg) (Entered: 01/31/2023) |
| 2023-02-15 | 34 | REPLY to opposition to motion re 29 MOTION for Summary Judgment MOTION to Strike 27 MOTION for Summary Judgment MOTION to Dismiss filed by SMARTFLASH, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Michael R. Casey with Exhibits A-D)(Casey, Michael) (Entered: 02/15/2023) |
| 2023-05-16 | 35 | NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of U.S. PATENT AND TRADEMARK OFFICE Substituting for attorney Derek S. Hammond (Debrason, B. Kathryn) (Entered: 05/16/2023) |
| 2023-08-17 | 36 | ORDER GRANTING defendant's 27 Motion to Dismiss Or, In the Alternative, For Summary Judgment, and DENYING plaintiff's 28 Cross-Motion for Summary Judgment. The Clerk of the Court is directed to close this case. Signed by Judge Beryl A. Howell on August 17, 2023. (lcbah4) (Entered: 08/17/2023) |
| 2023-08-17 | 37 | MEMORANDUM OPINION regarding defendant's 27 Motion to Dismiss Or, In the Alternative, For Summary Judgment and plaintiff's 28 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on August 17, 2023. (lcbah4) (Entered: 08/17/2023) |
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