BTG International Ltd. v. Kappos

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:12-cv-00682-AJT-TRJ
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Parties
No Logo Btg International Ltd., Plaintiff

Represented by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Corinne Miller LaGosh +1 202 408 4465 +1 202 408 4400 corinne.lagosh@finnegan.com
v.
No Logo David J. Kappos, Defendant

Represented by United States Attorney's Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kevin J. Mikolashek +1 703 299 3700 kevin.mikolashek@usdoj.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Dennis Carl Barghaan, Jr. +1 703 299 3700 dennis.barghaan@usdoj.gov
No Logo TERESA STANEK REA, Defendant

Represented by United States Attorney's Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kevin J. Mikolashek +1 703 299 3700 kevin.mikolashek@usdoj.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Dennis Carl Barghaan, Jr. +1 703 299 3700 dennis.barghaan@usdoj.gov
Attributes
Citation Section 35 U.S.C. § 145
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (60) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 60 Filed: 4/15/2013, Entered: None Court Filing
So Ordered re 59 Stipulation of Dismissal filed by Teresa Stanek Rea, BTG International Ltd. Signed by District Judge Anthony J Trenga on 4/15/13. (nhall) (Entered: 04/15/2013)
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Legal Document (Payment Possibly Required) 59 Filed: 4/12/2013, Entered: None
STIPULATION of Dismissal with Prejudice by BTG International Ltd., Teresa Stanek Rea. (Miller, Corinne) (Entered: 04/12/2013)
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Legal Document (Payment Possibly Required) 58 Filed: 3/19/2013, Entered: None
NOTICE by BTG International Ltd., Teresa Stanek Rea re 51 MOTION for Protective Order (Barghaan, Dennis) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 3/15/2013, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Motion Hearing held on 3/15/2013 re 51 MOTION for Protective Order filed by BTG International Ltd. Appearances of counsel. Parties to meet and confer on Monday 03/18/13. Briefs to be submitted if matters are still in dispute. Matter continued for further proceedings. Motion Hearing set for 3/20/2013 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. (Tape #FTR.)(cmar, ) (Entered: 03/15/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 3/14/2013, Entered: None
REPLY to Response to Motion re 51 MOTION for Protective Order filed by BTG International Ltd.. (Miller, Corinne) (Entered: 03/14/2013)
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Legal Document (Payment Possibly Required) 55 Filed: 3/13/2013, Entered: None
Memorandum in Opposition re 51 MOTION for Protective Order filed by David J. Kappos. (Attachments: # 1 Exhibits A-B, # 2 Exhibits C-D, # 3 Exhibits E-F, # 4 Exhibits G-H)(Barghaan, Dennis) (Entered: 03/13/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 3/12/2013, Entered: None
NOTICE by David J. Kappos of Substitution (Barghaan, Dennis) (Entered: 03/12/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 3/8/2013, Entered: None
Notice of Hearing Date set for March 15, 2013 re 51 MOTION for Protective Order (Miller, Corinne) (Entered: 03/08/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 3/8/2013, Entered: None
Memorandum in Support re 51 MOTION for Protective Order filed by BTG International Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Miller, Corinne) (Entered: 03/08/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 3/8/2013, Entered: None
MOTION for Protective Order by BTG International Ltd.. (Attachments: # 1 Proposed Order)(Miller, Corinne) (Entered: 03/08/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 1/14/2013, Entered: None Court Filing
ORDER. For the reasons stated in the parties' motion and for good cause shown, it is hereby ORDERED that the expert witness disclosure deadlines are adjusted. (See Order For Details). Signed by Magistrate Judge Thomas Rawles Jones, Jr on 1/14/13. (nhall) (Entered: 01/15/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 1/9/2013, Entered: None
Joint MOTION for Extension to Serve Expert Witness Reports by BTG International Ltd., David J. Kappos. (Attachments: # 1 Proposed Order)(Mikolashek, Kevin) (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 48 Filed: 12/17/2012, Entered: None Court Filing
Supplemental Rule 16(b) Order. For the reasons stated in a telephone conference on December 17, 2012, it is ORDERED that the pretrial schedule is amended. (See Order For Details). Signed by Magistrate Judge Thomas Rawles Jones, Jr on 12/17/12. (nhall) (Entered: 12/18/2012)
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Legal Document (Payment Possibly Required) 46 Filed: 11/28/2012, Entered: None Court Filing
ORDER denying 27 Motion for Partial Summary Judgment. (See Order For Details). Signed by District Judge Anthony J Trenga on 11/28/12. (nhall) (Entered: 11/28/2012)
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Legal Document (Payment Possibly Required) 45 Filed: 11/9/2012, Entered: None Court Filing
Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 11/9/2012 re 27 MOTION for Partial Summary Judgment filed by David J. Kappos. Appearances of counsel for pltf and deft. Motion argued and TAKEN UNDER ADVISMENT. Counsel to provide copy of The Board decision and Final Order. Order to follow. (Court Reporter R. Montgomery)(jcor) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 44 Filed: 11/9/2012, Entered: None
REPLY to Response to Motion re 27 MOTION for Partial Summary Judgment filed by David J. Kappos. (Mikolashek, Kevin) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 43 Filed: 11/7/2012, Entered: None
Response to 32 Response in Opposition to Motion for Partial Summary Judgment filed by BTG International Ltd.. (Miller, Corinne) (Entered: 11/07/2012)
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Legal Document (Payment Possibly Required) 42 Filed: 11/6/2012, Entered: None Court Filing
ORDER granting 33 Motion for Leave to File. (See Order For Details). Signed by Magistrate Judge Thomas Rawles Jones, Jr on 11/6/12. (nhall) (Entered: 11/07/2012)
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Legal Document (Payment Possibly Required) 41 Filed: 11/6/2012, Entered: None Court Filing
ORDER, it is hereby ORDERED that Defendant's Consent Motion for Two-Day Enlargement of Time to File Reply Memorandum and to Continue Hearing Date [Doc. Nos. 38 & 39] be, and the same hereby is, GRANTED in part and DENIED in part. The Motion is GRANTED to the extent that defendant's reply shall be filed on or before 10:00 a.m. on November 9, 2012, and the hearing on Defendant's Motion for Partial Summary Judgment [Doc. No. 27] will take place on November 9, 2012, at 2:00 p.m; and the Motion is otherwise DENIED. (See Order For Details). Signed by District Judge Anthony J Trenga on 11/6/12. (nhall) (Entered: 11/07/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 11/6/2012, Entered: None
Memorandum in Support re 39 Consent MOTION for Extension of Time to File Response/Reply as to 28 Memorandum in Support, 38 Consent MOTION to Continue Hearing Date filed by David J. Kappos. (Attachments: # 1 Proposed Order)(Mikolashek, Kevin) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 11/6/2012, Entered: None
Consent MOTION for Extension of Time to File Response/Reply as to 28 Memorandum in Support by David J. Kappos. (Mikolashek, Kevin) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 11/6/2012, Entered: None
Consent MOTION to Continue Hearing Date by David J. Kappos. (Mikolashek, Kevin) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 11/6/2012, Entered: None Court Filing
ORDER, it is hereby ORDERED that defendant's Amended Notice of Hearing Date be, and the same hereby is, STRIKEN and the hearing on the defendant's motion for partial summary judgment shall proceed, as originally notice, on November 9, 2012, at 10:00 a.m. (See Order For Details). Signed by District Judge Anthony J Trenga on 11/6/12. (nhall) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 11/5/2012, Entered: None
Notice of Hearing Date set for 11/16/2012 re 27 MOTION for Partial Summary Judgment (Mikolashek, Kevin) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 35 Filed: 11/5/2012, Entered: None
Waiver of re 33 MOTION for Leave to File Supplement to Its Opposition to Defendant's Motion for Partial Summary Judgment by BTG International Ltd. (Miller, Corinne) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 11/5/2012, Entered: None
Memorandum in Support re 33 MOTION for Leave to File Supplement to Its Opposition to Defendant's Motion for Partial Summary Judgment filed by BTG International Ltd.. (Attachments: # 1 Exhibit A)(Miller, Corinne) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 11/5/2012, Entered: None
MOTION for Leave to File Supplement to Its Opposition to Defendant's Motion for Partial Summary Judgment by BTG International Ltd.. (Attachments: # 1 Proposed Order)(Miller, Corinne) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 11/2/2012, Entered: None
RESPONSE in Opposition re 27 MOTION for Partial Summary Judgment filed by BTG International Ltd.. (Miller, Corinne) (Entered: 11/02/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 10/31/2012, Entered: None Court Filing
ORDER, it is hereby ORDERED that the consent motion is GRANTED; and it is further ORDERED that plaintiff is authorized to file its opposition to defendant's motion for partial summary judgment on November 2, 2012. (See Order For Details). Signed by District Judge Anthony J Trenga on 10/31/12. (nhall) (Entered: 11/01/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 10/31/2012, Entered: None
Consent MOTION for Extension of Time to File Response in Opposition to Defendant's Motion for Partial Summary Judgment by BTG International Ltd.. (Attachments: # 1 Proposed Order)(Miller, Corinne) (Entered: 10/31/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 10/15/2012, Entered: None
Notice of Hearing Date set for November 9, 2012 re 27 MOTION for Partial Summary Judgment (Mikolashek, Kevin) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 10/15/2012, Entered: None
Memorandum in Support re 27 MOTION for Partial Summary Judgment filed by David J. Kappos. (Mikolashek, Kevin) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 10/15/2012, Entered: None
MOTION for Partial Summary Judgment by David J. Kappos. (Mikolashek, Kevin) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 10/15/2012, Entered: None
Amended ANSWER to 1 Complaint by David J. Kappos.(Mikolashek, Kevin) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 10/10/2012, Entered: None Court Filing
ORDER granting 24 Motion for Extension of Time to File. (See Order For Details). Signed by Magistrate Judge Thomas Rawles Jones, Jr on 10/10/12. (nhall) (Entered: 10/11/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 10/10/2012, Entered: None
Consent MOTION for Extension of Time to File Administrative Record by David J. Kappos. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 10/10/2012, Entered: None
NOTICE by David J. Kappos of Submission of the Administrative Record (Attachments: # 1 Certification, # 2 Table of Contents, # 3 A1-A201, # 4 A202-A402, # 5 A403-A603, # 6 A604-A804, # 7 A805-A1005, # 8 A1006-A1206, # 9 A1207-A1407, # 10 A1408-A1608, # 11 A1609-A1706)(Barghaan, Dennis) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 10/3/2012, Entered: None Court Filing
ORDER granting 21 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 10/3/12. (nhall) (Entered: 10/04/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 10/1/2012, Entered: None
Motion to appear Pro Hac Vice by Carla Mouta and Certification of Local Counsel Corinne L. Miller Filing fee $ 75, receipt number 0422-3226368. by BTG International Ltd.. (Miller, Corinne) (Entered: 10/01/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 9/19/2012, Entered: None Court Filing
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: a. Parties shall deliver to my chambers (not to the Clerk's office) a copy of every non-dispositive motion and every document relating to such a motion within one business day of filing it. b. Rule 26(a) disclosures, depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. c. No "general objection" may be asserted in response to any discovery demand except for one that preserves the attorney-client privilege and work product protection. d. Any motion to amend the pleadings shall be made as soon as possible after counsel becomes aware of the grounds for the motion. e. Rule 26(a)(1) disclosures shall be completed by ten days after the court rules on pretrial summary judgement. f. The final pretrial conference is continued to January 17, 2013 at 10:00a.m. g. Paragraph 9 of the Proposed Joint Discovery Plan shall govern service. h. Defendant has leave to file an amended answer adding the affirmative defense of waiver. i. Defendant shall file his motion for partial summary judgment by October 15, 2012, and notice it for hearing on November 9, 2012. The opposition is due on October 31, 2012, and the reply on November 7, 2012. j. A supplemental Rule 16(b) conference will be conducted after the ruling on partial summary judgment. (SEE ORDER FOR FURTHER DETAILS.) Signed by Magistrate Judge Thomas Rawles Jones, Jr on 09/19/12. (cmar, ) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 9/19/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Initial Pretrial Conference held on 9/19/2012. Appearances of counsel. Administrative record to be filed by 10/09/12. Amended answer to be filed by the govt (no motion for leave to file needed.) Paragraph nine (9) of the discovery plan approved. Final pretrial conference will be rescheduled. Briefing schedule for motion for partial summary judgment re: waiver issue set: Govt's motion to be filed by 10/15/12. Pltf's opposition due 10/31/12. Govt's reply due by noon on 11/07/12. Motion to be noticed for hearing on 11/09/12. Resumed Rule 16(b) proceedings to be scheduled after the motion is heard and ruled on. (Chambers to contact parties to schedule.) Order to issue. (cmar, ) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 9/12/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Initial Pretrial Conference held on 9/12/2012. Appearances of counsel. Judge Jones to recommend to Judge Trenga that the administrative record be filed and the the govt file a motion for summary judgment in re: waiver issue. Matter continued for further proceedings. Initial Pretrial Conference set for 9/19/2012 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. (cmar, ) (Entered: 09/12/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 9/7/2012, Entered: None Court Filing
ORDER granting 15 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 9/7/12. (nhall) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 9/7/2012, Entered: None Court Filing
ORDER granting 14 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 9/7/12. (nhall) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 9/6/2012, Entered: None
Motion to appear Pro Hac Vice by Anthony C. Tridico and Certification of Local Counsel Corinne L. Miller Filing fee $ 75, receipt number 0422-3191247. by BTG International Ltd.. (Miller, Corinne) (Entered: 09/06/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 9/6/2012, Entered: None
Motion to appear Pro Hac Vice by Bryan C. Diner and Certification of Local Counsel Corinne L. Miller Filing fee $ 75, receipt number 0422-3191225. by BTG International Ltd.. (Miller, Corinne) (Entered: 09/06/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 9/5/2012, Entered: None
REPORT of Rule 26(f) Planning Meeting by BTG International Ltd., David J. Kappos. (Miller, Corinne) (Entered: 09/05/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 8/20/2012, Entered: None Court Filing
SCHEDULING ORDER: Initial Pretrial Conference set for 9/12/2012 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 11/19/2012 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 11/9/2012. Signed by District Judge Anthony J Trenga on 8/20/12. (Attachments: # 1 Mag. Consent, # 2 Pretrial Notice)(nhall) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 8/20/2012, Entered: None
ANSWER to 1 Complaint by David J. Kappos.(Mikolashek, Kevin) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 8/20/2012, Entered: None
NOTICE of Appearance by Kevin J. Mikolashek on behalf of David J. Kappos (Mikolashek, Kevin) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 6/25/2012, Entered: None
AFFIDAVIT of Service c/o Office Of The Solicitor re: David J. Kappos. (nhall) (Entered: 06/27/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 6/25/2012, Entered: None
SUMMONS Returned Executed as to Attorney General of the United States. (nhall) (Entered: 06/27/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 6/25/2012, Entered: None
SUMMONS Returned Executed as to David J. Kappos. (nhall) (Entered: 06/27/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 6/25/2012, Entered: None
SUMMONS Returned Executed as to United States Attorney for the Eastern District of Virginia served on 6/19/2012, answer due 8/20/2012. (nhall) (Entered: 06/27/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 6/21/2012, Entered: None
Summons Issued and given for service by Certified Mail as to U.S. Attorney General. (nhall) (Entered: 06/25/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 6/21/2012, Entered: None
Summons Issued and given for service by SPS as to David J. Kappos and U.S. Attorney. (nhall) (Entered: 06/25/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 6/21/2012, Entered: None
Financial Interest Disclosure Statement (Local Rule 7.1) by BTG International Ltd. (nhall) (Entered: 06/25/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 6/21/2012, Entered: None
NOTICE of Appearance by Corinne Lee Miller on behalf of BTG International Ltd. (nhall) (Entered: 06/25/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 6/21/2012, Entered: None
COMPLAINT against David J. Kappos ( Filing fee $ 350, receipt number 14683029548.), filed by BTG International Ltd. (Attachments: # 1 Letter, # 2 Civil Cover Sheet, # 3 Receipt)(nhall) (Entered: 06/25/2012)
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Blank 47 Filed: 12/6/2012, Entered: None Court Filing
MEMORANDUM OPINION, the Court concludes, as a matter of law, that the scope of this action is not limited to the patentability of claim 102 and that BTG is entitled to seek a patent as to any of its claims involved in the Board's decision, separ ate and apart from claim 102, and to present all "competent evidence" in support of the patentability of those claims. The USPTO's Motion for Partial Summary Judgment Limiting This Action to the Representative Claim [Doc. No. 27] is DENIED. (See Order For Details). Signed by District Judge Anthony J Trenga on 12/6/12. (nhall)
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