Automated Merchandising Systems, Inc. v. Rea et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:13-cv-01289
District Judge Anthony J Trenga, presiding
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District Judge Anthony J Trenga
Last Updated January 24, 2017 at 6:38 AM EST (9.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Automated Merchandising Systems, Inc., Plaintiff

Represented by DAVIDSON BERQUIST JACKSON & GOWDEY LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Daniel Berquist +1 703 894 6402 +1 703 894 6430 jay.berquist@davidsonberquist.com
ATTORNEY TO BE NOTICED Donald Lee Jackson +1 703 894 6403 +1 703 894 6430 djackson@dbjg.com
v.
No Logo TERESA STANEK REA, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimere Jane Kimball +1 703 299 3700 kimere.kimball@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Moskowitz +1 703 299 3700 david.moskowitz@usdoj.gov
No Logo United States Patent and Trademark Office, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kimere Jane Kimball +1 703 299 3700 kimere.kimball@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Moskowitz +1 703 299 3700 david.moskowitz@usdoj.gov
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 51 Filed: 6/22/2015, Entered: None Unknown Document Type
USCA Mandate re 43 Notice of Appeal. In accordance with the judgment of this Court, entered 4/10/2015, and pursuant to Rule 41(a) of FRAP, the formal mandate is hereby issued. (rban, ) (Entered: 06/22/2015)
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Legal Document (Payment Possibly Required) 50 Filed: 4/10/2015, Entered: None Unknown Document Type
USCA JUDGMENT as to 43 Notice of Appeal filed by Automated Merchandising Systems, Inc. The mandate will be issued in due course. (rban, ) (Entered: 04/10/2015)
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Legal Document (Payment Possibly Required) 49 Filed: 4/10/2015, Entered: None Unknown Document Type
Opinion of USCA, decided 4/10/2015 re 43 Notice of Appeal, Affirmed. (rban, ) (Entered: 04/10/2015)
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Legal Document (Payment Possibly Required) 48 Filed: 9/3/2014, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of proceedings for dates of 6/27/14 (Cross-Motions for Summary Judgment), before Judge Anthony J. Trenga, re 46 USCA Case Number Court Reporter/Transcriber Rhonda Montgomery, Telephone number 703-299-4599. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Does this satisfy all appellate orders for this reporter? y Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/3/2014. Redacted Transcript Deadline set for 11/3/2014. Release of Transcript Restriction set for 12/2/2014.(montgomery, rhonda) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 8/26/2014, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Automated Merchandising Systems, Inc. before Judge Trenga, re 43 Notice of Appeal Transcript due by 8/22/2014. (Berquist, James) (Entered: 08/26/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 8/21/2014, Entered: None Unknown Document Type
USCA Case Number 14-1728 Federal Circuit for 43 Notice of Appeal filed by Automated Merchandising Systems, Inc. (rban, ) (Entered: 08/21/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 8/18/2014, Entered: None Unknown Document Type
Transmission of Notice of Appeal to US Federal Circuit re 43 Notice of Appeal. (nhall ) (Entered: 08/18/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 8/13/2014, Entered: None Unknown Document Type
CERTIFICATE of Service re 43 Notice of Appeal by James Daniel Berquist on behalf of Automated Merchandising Systems, Inc. (Berquist, James) (Entered: 08/13/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 8/8/2014, Entered: None Unknown Document Type
NOTICE OF APPEAL as to 41 Order on Motion for Summary Judgment, 42 Clerk's Judgment by Automated Merchandising Systems, Inc.. Filing fee $ 505, receipt number 0422-4070872. (Berquist, James) (Entered: 08/08/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 8/7/2014, Entered: None Unknown Document Type
CLERK'S JUDGMENT in favor of the Defendants, Teresa Stanek Rea and United States Patent and Trademark Office and against the Plaintiff, Automated Merchandising Systems, Inc. (Entered by Clerk pursuant to FRCP 58). (nhall) (Entered: 08/07/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 8/6/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 35 Motion for Summary Judgment; denying 31 Motion for Summary Judgment. (See Order For Details). Signed by District Judge Anthony J Trenga on 8/6/14. (nhall) (Entered: 08/06/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 6/27/2014, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before District Judge Anthony J Trenga:Motion Hearing held on 6/27/2014 re 31 MOTION for Summary Judgment to Terminate Inter Partes Reexaminations filed by Automated Merchandising Systems, Inc., and 35 MOTION for Summary Judgment filed by Teresa Stanek Rea, United States Patent and Trademark Office. Appearances of Counsel for Pltf. and Deft.Matter argued and TAKEN UNDER ADVISEMENT.Order to follow. (Court Reporter R. Montgomery.)(jall) (Entered: 06/27/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 6/24/2014, Entered: None Unknown Document Type
RESPONSE in Support re 35 MOTION for Summary Judgment filed by Teresa Stanek Rea, United States Patent and Trademark Office. (Attachments: # 1 DEX D)(Moskowitz, David) (Entered: 06/24/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 6/12/2014, Entered: None Unknown Document Type
RESPONSE in Opposition re 35 MOTION for Summary Judgment and Reply in Support of 31 AMS's Motion for Summary Judgment to Terminate the Inter Partes Reexamination Proceedings filed by Automated Merchandising Systems, Inc.. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39)(Jackson, Donald) (Entered: 06/12/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 5/27/2014, Entered: None Unknown Document Type
Notice of Hearing Date set for 06/27/2014 re 35 MOTION for Summary Judgment (Moskowitz, David) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 5/27/2014, Entered: None Unknown Document Type
Memorandum in Support re 35 MOTION for Summary Judgment filed by Teresa Stanek Rea, United States Patent and Trademark Office. (Attachments: # 1 DEX A, # 2 DEX B, # 3 DEX C)(Moskowitz, David) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 5/27/2014, Entered: None Unknown Document Type
MOTION for Summary Judgment by Teresa Stanek Rea, United States Patent and Trademark Office. (Moskowitz, David) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 34 Filed: 5/27/2014, Entered: None Unknown Document Type
NOTICE by Teresa Stanek Rea, United States Patent and Trademark Office Filing of Supplemental Administrative Record (Attachments: # 1 Supplemental Administrative Record (A1971-A2131))(Moskowitz, David) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 4/30/2014, Entered: None Unknown Document Type
Notice of Hearing Date set for 6/27/2014 re 31 MOTION for Summary Judgment to Terminate Inter Partes Reexaminations (Jackson, Donald) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 4/30/2014, Entered: None Unknown Document Type
Memorandum in Support re 31 MOTION for Summary Judgment to Terminate Inter Partes Reexaminations filed by Automated Merchandising Systems, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(Jackson, Donald) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 31 Filed: 4/30/2014, Entered: None Unknown Document Type
MOTION for Summary Judgment to Terminate Inter Partes Reexaminations by Automated Merchandising Systems, Inc.. (Attachments: # 1 Certificate of Service, # 2 Proposed Order)(Jackson, Donald) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 4/25/2014, Entered: None Unknown Document TypeCourt Filing
AGREED ORDER. Accordingly, for good cause shown, it is hereby ORDERED that the scheduling order entered in this action on December 23, 2013 is SUPERSEDED and that the final pretrial conference date is VACATED. (See Order For Details). Signed by District Judge Anthony J Trenga on 4/25/14. (nhall ) (Entered: 04/25/2014)
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Legal Document (Payment Possibly Required) 29 Filed: 1/17/2014, Entered: None Unknown Document Type
NOTICE by Teresa Stanek Rea, United States Patent and Trademark Office Filing of Administrative Record (Attachments: # 1 A1-A215, # 2 A216-A435, # 3 A436-A655, # 4 A656-A855, # 5 A856-A1035, # 6 A1036-A1255, # 7 A1256-A1475, # 8 A1476-A1715, # 9 A1716-A1944, # 10 A1945-A1970)(Moskowitz, David) (Entered: 01/17/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 1/15/2014, Entered: None Unknown Document TypeCourt Filing
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that - Upon consideration of the representations made by the parties in their Joint Discovery Plan (Docket no.26), at the initial pretrial conference held on Wednesday, January 15, 2014, and taking note of the Scheduling Order entered in this case (Docket no. 25), the court makes the following rulings: 1. The court defers ruling on whether discovery is appropriate at this time. To the extent discovery is appropriate, the provisions contained herein shall apply. 2. all discovery shall be concluded by May 9, 2014. 3. Counsel do not anticipate using any expert witnesses in this case. To the extent that any party elects to present the testimony of an expert in this case, expert disclosures shall be governed by the schedule set forth in Local Civil Rule 26(D). SEE ORDER FOR MORE SPECIFIC DETAILS. Signed by Magistrate Judge John F. Anderson on 01/15/2013. (nbla, ) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 1/15/2014, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Initial Pretrial Conference held on 1/15/2014. Appearances; of counsel. ORDER TO ISSUE. (nbla, ) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 1/8/2014, Entered: None Unknown Document Type
Discovery Plan by Automated Merchandising Systems, Inc., Teresa Stanek Rea, United States Patent and Trademark Office.(Berquist, James) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 12/23/2013, Entered: None Unknown Document TypeCourt Filing
Scheudling Order- Initial Pretrial Conference set for 1/15/2014 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 5/13/2014 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 5/9/2014. Signed by District Judge Anthony J Trenga on 12/23/13. (gwalk, ) (Entered: 12/23/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 12/20/2013, Entered: None Unknown Document Type
ANSWER to 1 Complaint by Teresa Stanek Rea, United States Patent and Trademark Office.(Moskowitz, David) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 12/20/2013, Entered: None Unknown Document Type
NOTICE of Appearance by David Moskowitz on behalf of Teresa Stanek Rea, United States Patent and Trademark Office (Moskowitz, David) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 12/11/2013, Entered: None Unknown Document Type
SUMMONS Returned Executed Dana J. Boente, served on 10/21/2012. (nhall) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 12/11/2013, Entered: None Unknown Document Type
SUMMONS Returned Executed United States Patent and Trademark Office served on 10/23/2013, answer due 12/23/2013. (nhall) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 12/11/2013, Entered: None Unknown Document Type
SUMMONS Returned Executed Teresa Stanek Rea served on 10/23/2013, answer due 12/23/2013. (nhall) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 11/25/2013, Entered: None Unknown Document TypeCourt Filing
So Ordered re 18 Withdrawal of Motion filed by Automated Merchandising Systems, Inc. Signed by District Judge Anthony J Trenga on 11/25/13. (nhall) (Entered: 11/25/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 11/21/2013, Entered: None Unknown Document Type
Withdrawal of Motion by Automated Merchandising Systems, Inc. re 8 MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings (Jackson, Donald) (Entered: 11/21/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 11/13/2013, Entered: None Unknown Document Type
NOTICE of Appearance by Kimere Jane Kimball on behalf of Teresa Stanek Rea, United States Patent and Trademark Office (Kimball, Kimere) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 11/12/2013, Entered: None Unknown Document Type
CERTIFICATE of Service (Proposed Order re Preliminary Injunction Motion) re 11 NOTICE by Donald Lee Jackson on behalf of Automated Merchandising Systems, Inc. (Jackson, Donald) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 11/12/2013, Entered: None Unknown Document Type
CERTIFICATE of Service (Berquist Declaration) re 10 Affidavit in Support of Motion,,, by Donald Lee Jackson on behalf of Automated Merchandising Systems, Inc. (Jackson, Donald) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 11/12/2013, Entered: None Unknown Document Type
CERTIFICATE of Service re 8 MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings by Donald Lee Jackson on behalf of Automated Merchandising Systems, Inc. (Jackson, Donald) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 11/12/2013, Entered: None Unknown Document Type
Notice of Hearing Date set for 12/6/2013 re 8 MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings (Jackson, Donald) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 11/12/2013, Entered: None Unknown Document Type
NOTICE of Appearance by Donald Lee Jackson on behalf of Automated Merchandising Systems, Inc. (Jackson, Donald) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 11/8/2013, Entered: None Unknown Document Type
NOTICE by Automated Merchandising Systems, Inc. re 8 MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings (Proposed Order) (Jackson, Donald) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 11/8/2013, Entered: None Unknown Document Type
AFFIDAVIT in Support re 8 MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings (Berquist Declaration) filed by Automated Merchandising Systems, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27)(Jackson, Donald) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 11/8/2013, Entered: None Unknown Document Type
Memorandum in Support re 8 MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings filed by Automated Merchandising Systems, Inc.. (Jackson, Donald) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 11/8/2013, Entered: None Unknown Document Type
MOTION for Preliminary Injunction Precluding USPTO From Taking Further Action in Inter Partes Re-Examination Proceedings by Automated Merchandising Systems, Inc.. (Jackson, Donald) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 11/8/2013, Entered: None Unknown Document Type
NOTICE of Appearance by Donald Lee Jackson on behalf of Automated Merchandising Systems, Inc. (Jackson, Donald) (Main Document 7 replaced on 11/12/2013) (nhall, ). (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 10/21/2013, Entered: None Unknown Document Type
Summons Issued as to Teresa Stanek Rea, United States Patent and Trademark Office, U.S. Attorney and U.S. Attorney General by SPS. (gwalk, ) (Entered: 10/22/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 10/22/2013, Entered: None Unknown Document Type
Report on the filing or determination of an action regarding patents 6,384,402; 6,794,634; 7,191,915 and 7,343,220. (gwalk, ) (Entered: 10/22/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 10/18/2013, Entered: None Unknown Document Type
Summons Returned Unexecuted by Automated Merchandising Systems, Inc. as to Teresa Stanek Rea, United States Patent and Trademark Office. (gwalk, ) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 10/16/2013, Entered: None Unknown Document Type
Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General by certified mail. (gwalk, ) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 10/16/2013, Entered: None Unknown Document Type
Financial Interest Disclosure Statement (Local Rule 7.1) by Automated Merchandising Systems, Inc.. (gwalk, ) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 10/16/2013, Entered: None Unknown Document Type
COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 14683039535.), filed by Automated Merchandising Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Receipt)(gwalk, ) (Entered: 10/21/2013)
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