Main Hastings, LLC v. Sears Holdings Corporation et al

Federal Civil Lawsuit Texas Eastern District Court, Case No. 2:10-cv-00435
District Judge Rodney Gilstrap, presiding
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District Judge Rodney Gilstrap
Last Updated January 23, 2017 at 5:41 AM EST (8.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Main Hastings, LLC, Plaintiff

Represented by Love Law Firm PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory Phillip Love +1 903 690 7100 +1 903 392 2267 greg@lovetrialfirm.com

Represented by NELSON LAW FIRM

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kyle Joseph Nelson +1 903 561 8449 +1 877 534 6769 kyle@knelsonlaw.com

Represented by Stevens Henry, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Scott English Stevens +1 903 753 6760 +1 903 753 6761 scott@stevenshenry.com
v.
No Logo Apex Tool Group, Llc, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward R. Schwartz +1 626 795 9900 +1 626 577 8800 ers@cph.com

Represented by Kilpatrick Townsend & Stockton, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jon Robert Pierce +1 336 607 7503 +1 336 734 2638 jpierce@kilpatricktownsend.com

Represented by Reebok International, Ltd.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J. Steven Gardner +1 336 607 7300 +1 336 607 7500 sgardner@kilpatricktownsend.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Charles Smith +1 903 938 8900 +1 972 767 4620 michaelsmith@siebman.com
No Logo Brush Research Manufacturing Co Inc, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward R. Schwartz +1 626 795 9900 +1 626 577 8800 ers@cph.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Charles Smith +1 903 938 8900 +1 972 767 4620 michaelsmith@siebman.com
No Logo Sears Brands, LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward R. Schwartz +1 626 795 9900 +1 626 577 8800 ers@cph.com

Represented by Kilpatrick Townsend & Stockton, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jon Robert Pierce +1 336 607 7503 +1 336 734 2638 jpierce@kilpatricktownsend.com

Represented by Reebok International, Ltd.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J. Steven Gardner +1 336 607 7300 +1 336 607 7500 sgardner@kilpatricktownsend.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Charles Smith +1 903 938 8900 +1 972 767 4620 michaelsmith@siebman.com
Sears Holdings Corporation Sears Holdings Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward R. Schwartz +1 626 795 9900 +1 626 577 8800 ers@cph.com

Represented by Kilpatrick Townsend & Stockton, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jon Robert Pierce +1 336 607 7503 +1 336 734 2638 jpierce@kilpatricktownsend.com

Represented by Reebok International, Ltd.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J. Steven Gardner +1 336 607 7300 +1 336 607 7500 sgardner@kilpatricktownsend.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Charles Smith +1 903 938 8900 +1 972 767 4620 michaelsmith@siebman.com
Other Parties
United States of America United States of America, Intervenor

Represented by U S Attorney's Office - Tyler

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert Austin Wells +1 903 590 1400 +1 903 590 1436 robert.wells3@usdoj.gov
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 39 Filed: 3/23/2012, Entered: None Court Filing
ORDER terminating 30 Motion to enforce settlement agreement ; granting 21 Motion to Dismiss. All other motions and remaining pending matters not otherwise addressed by this Order are hereby DENIED as moot. Signed by Judge Rodney Gilstrap on 3/23/12. (ehs, ) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 12/13/2011, Entered: None
NOTICE of Change of Address by Edward R Schwartz (Schwartz, Edward) (Entered: 12/13/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 10/4/2011, Entered: None Court Filing
MISC. 11-1 ORDER REASSIGNING CASE. Case reassigned to Judge David Folsom for all further proceedings. Judge T. John Ward no longer assigned to case. Signed by Judge David Folsom on 10/3/11. (bga, ) (Entered: 10/04/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 5/24/2011, Entered: None
BRIEF filed Defending the Constitutionality of 35 U.S.C. § 292 by UNITED STATES OF AMERICA. (Wells, Robert) (Entered: 05/24/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 5/17/2011, Entered: None Court Filing
ORDER granting 34 Motion to Intervene. The Court CERTIFIES under 28 U.S.C. § 2403 that the constitutionality of 35 U.S.C. § 292, a statute affecting the public interest, has been called into question by a court paper filed in this case. The United States is permitted to intervene in this case for the limited purpose of defending the constitutionality of 35 U.S.C. § 292. The Clerk is directed to list the United States as an Intervenor on the docket. The Court further ORDERS the parties to serve all notices and pleadings filed in this case upon the United States. The United States may electronically file its brief within fourteen days of the date of this Order.. Signed by Judge T. John Ward on 5/17/11. (ehs, ) (Entered: 05/17/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 5/16/2011, Entered: None
Unopposed MOTION to Intervene by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Wells, Robert) (Entered: 05/16/2011)
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Sealed Legal Document 33 Filed: 5/4/2011, Entered: None
SEALED RESPONSE to Motion re 30 MOTION Enforce Settlement Agreement filed by Apex Tool Group LLC, Brush Research Manufacturing Co Inc, Sears Brands LLC, Sears Holdings Corporation. (Attachments: # 1 Declaration of Edward R. Schwartz in Support of Defendants' Opposition to Plaintiff's Motion to Enforce Settlement Agreement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Schwartz, Edward) (Entered: 05/04/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 5/4/2011, Entered: None Court Filing
ORDER granting 31 Motion to Seal Document Opposition to Plaintiff's Motion to Enforce Settlement Agreement. Signed by Judge T. John Ward on 5/4/11. (ehs, ) (Entered: 05/04/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 5/3/2011, Entered: None
Unopposed MOTION to Seal Document -- Defendants' Unopposed Motion for Leave to File Their Opposition to Plaintiff's Motion to Enforce Settlement Agreement Under Seal by Apex Tool Group LLC, Brush Research Manufacturing Co Inc, Sears Brands LLC, Sears Holdings Corporation. (Attachments: # 1 Text of Proposed Order)(Schwartz, Edward) (Entered: 05/03/2011)
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Sealed Legal Document 30 Filed: 4/21/2011, Entered: None
SEALED MOTION Enforce Settlement Agreement by Main Hastings LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(Stevens, Scott) Modified on 4/22/2011 (ch, ). (Entered: 04/21/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 4/20/2011, Entered: None Court Filing
ORDER granting 27 Motion to Seal. Signed by Judge T. John Ward on 4/20/11. (ehs, ) (Entered: 04/20/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 4/19/2011, Entered: None
REPLY to Response to Motion re 21 MOTION to Dismiss filed by Apex Tool Group LLC, Brush Research Manufacturing Co Inc, Sears Brands LLC, Sears Holdings Corporation. (Schwartz, Edward) (Entered: 04/19/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 4/19/2011, Entered: None
Unopposed MOTION to Seal Motion to Enforce Settlement Agreement by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 04/19/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 4/15/2011, Entered: None
RESPONSE in Opposition re 21 MOTION to Dismiss filed by Main Hastings LLC. (Stevens, Scott) (Entered: 04/15/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 4/11/2011, Entered: None Court Filing
ORDER granting 23 Motion for Extension of Time to File Response/Reply re 21 MOTION to Dismiss Responses due by 4/15/2011. Signed by Judge T. John Ward on 4/11/2011. (ch, ) (Entered: 04/11/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 4/8/2011, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Edward R Schwartz for Apex Tool Group LLC,Edward R Schwartz for Brush Research Manufacturing Co Inc,Edward R Schwartz for Sears Brands LLC,Edward R Schwartz for Sears Holdings Corporation. (APPROVED, FEE PAID 2-433) (ehs, ) (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 3/31/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 03/31/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 3/15/2011, Entered: None
NOTICE by Apex Tool Group LLC, Brush Research Manufacturing Co Inc, Sears Brands LLC, Sears Holdings Corporation of Constitutional Question (Smith, Michael) (Entered: 03/15/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 3/15/2011, Entered: None
MOTION to Dismiss by Apex Tool Group LLC, Brush Research Manufacturing Co Inc, Sears Brands LLC, Sears Holdings Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Smith, Michael) (Entered: 03/15/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 2/10/2011, Entered: None Court Filing
ORDER granting 19 Motion for Extension of Time to Answer. Defendants Sears Holdings Corporation; Sears Brands, LLC; Apex Tool Group, LLC d/b/a KD Tools; and Brush Research Manufacturing Co., Inc.s Answer Due 3/15/11. Signed by Judge T. John Ward on 2/10/11. (ehs, ) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 2/8/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer Unopposed Motion to Extend Defendants' Answer Date by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 02/08/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 1/18/2011, Entered: None
Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Sears Brands LLC.( Gardner, Steven) (Entered: 01/18/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 1/18/2011, Entered: None
Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Sears Holdings Corporation.( Gardner, Steven) (Entered: 01/18/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 1/12/2011, Entered: None
Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Apex Tool Group LLC.( Gardner, Steven) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 12/14/2010, Entered: None
NOTICE of Attorney Appearance by Jon Robert Pierce on behalf of Apex Tool Group LLC, Sears Brands LLC, Sears Holdings Corporation (Pierce, Jon) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 12/10/2010, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Sears Holdings Corporation.( Gardner, Steven) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 12/10/2010, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Sears Brands LLC.( Gardner, Steven) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 12/10/2010, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Apex Tool Group LLC.( Gardner, Steven) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 12/7/2010, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sears Brands LLC.( Gardner, Steven) (Entered: 12/07/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 12/7/2010, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sears Holdings Corporation.( Gardner, Steven) (Entered: 12/07/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 11/11/2010, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Apex Tool Group LLC.( Gardner, Steven) (Entered: 11/11/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 11/2/2010, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings, LLC. Sears Holdings Corporation served on 10/25/2010 by CM RRR through Registered Agent The Corporation Trust Co, answer due 11/15/2010. (ehs, ) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 11/2/2010, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings, LLC. Sears Brands, LLC served on 10/27/2010 by CM RRR through Registered Agent CT Corporation, answer due 11/17/2010. (ehs, ) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 10/27/2010, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings, LLC. Apex Tool Group, LLC d/b/a KD Tools served on 10/21/2010 by CM RRR signed by RPina, answer due 11/12/2010. (ehs, ) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 10/19/2010, Entered: None
E-GOV SEALED SUMMONS Issued as to Apex Tool Group, LLC d/b/a KD Tools, Brush Research Manufacturing Co., Inc., Sears Brands, LLC, Sears Holdings Corporation. (Attachments: # 1 Brush Research, # 2 Sears Brands, # 3 Sears Holdings)(ehs, ) (Entered: 10/19/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 10/15/2010, Entered: None
NOTICE of Attorney Appearance by Gregory Phillip Love on behalf of Main Hastings, LLC (Love, Gregory) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 10/15/2010, Entered: None
NOTICE of Attorney Appearance by Kyle Joseph Nelson on behalf of Main Hastings, LLC (Nelson, Kyle) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 10/15/2010, Entered: None
COMPLAINT against Apex Tool Group, LLC d/b/a KD Tools, Brush Research Manufacturing Co., Inc., Sears Brands, LLC, Sears Holdings Corporation ( Filing fee $ 350 receipt number 0540-2717314.), filed by Main Hastings, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(Stevens, Scott) (Entered: 10/15/2010)
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