Orion IP, LLC v. THULE AB et al

Federal Civil Lawsuit Texas Eastern District Court, Case No. 6:07-cv-00286
District Judge Leonard Davis, presiding
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District Judge Leonard Davis
Last Updated December 24, 2016 at 11:13 PM EST (8.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Orion IP, LLC, Plaintiff

Represented by Albritton Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Eric M. Albritton +1 903 757 8449 +1 903 758 7397 ema@emafirm.com

Represented by Amerson Law Firm, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED J Mike Amerson +1 713 434 6677 +1 713 434 6671 mike@amersoniplaw.com

Represented by Law Office of David Pridham

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Michael Pridham +1 401 633 7247 +1 401 633 7247 david@PridhamIPLaw.com

Represented by Suite 125

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John J Edmonds +1 713 364 5291 +1 832 415 2535 jedmonds@ip-lit.com

Represented by WARD SMITH & HILL PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Thomas John Ward, Jr. +1 903 757 6400 +1 903 758 7397 jw@wsfirm.com

Represented by Williams Morgan, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Terry D Morgan +1 713 934 4050 +1 713 934 7011 tmorgan@wmalaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Danny L. Williams +1 713 934 7000 +1 713 934 7011 dwilliams@wmalaw.com
No Logo Thule, Inc., Counter-Claimant

Represented by Novak Druce, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Henry A Petri, Jr. +1 202 380 1174 +1 202 659 0105 henry.petri@novakdruce.com
No Logo Thule Towing Systems, LLC, Counter-Claimant

Represented by Novak Druce, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Henry A Petri, Jr. +1 202 380 1174 +1 202 659 0105 henry.petri@novakdruce.com
No Logo THULE USA INC, Counter-Claimant

Represented by Novak Druce, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Henry A Petri, Jr. +1 202 380 1174 +1 202 659 0105 henry.petri@novakdruce.com
No Logo Yakima Products, Inc., Counter-Claimant

Represented by Kane Russell Coleman & Logan, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Unknown Attorney bflowers@krcl.com
v.
No Logo Danaher Corporation, Defendant

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
No Logo Delta Consolidated Industries, Inc., Defendant

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
No Logo Thule Ab, Defendant
No Logo THULE HOLDING AB, Defendant
No Logo Thule Holding, Inc., Defendant

Represented by Novak Druce, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Henry A Petri, Jr. +1 202 380 1174 +1 202 659 0105 henry.petri@novakdruce.com
No Logo Thule, Inc., Defendant
No Logo THULE MANAGEMENT LLC, Defendant
No Logo Thule Towing Systems, LLC, Defendant
No Logo Thule Trailers, Inc., Defendant

Represented by Novak Druce, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Henry A Petri, Jr. +1 202 380 1174 +1 202 659 0105 henry.petri@novakdruce.com
No Logo THULE USA INC, Defendant
No Logo Tracrac Inc., Defendant

Represented by Law Offices of Robert Tauler

Name Phone Fax E-Mail
Space David Tippetts +1 713 244 0800 david.tippetts@wtllaw.com
No Logo Yakima Products, Inc., Defendant

Represented by Tonkon Torp LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED DAVID S. AMAN +1 503 802 2053 +1 503 972 3753 david.aman@tonkon.com
ATTORNEY TO BE NOTICED Steven Marc Wilker +1 503 802 2040 +1 503 972 3740 steven.wilker@tonkon.com
No Logo Orion IP, LLC, Counter-Defendant
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (57) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 57 Filed: 12/21/2007, Entered: None Court Filing
ORDER granting 56 Motion to Dismiss With Prejudice all claims and counterclaims asserted between plaintiff, Orion IP, LLC, and defendant, Yakima Products, Inc., pursuant to the settlement agreement of 11/20/2007. Each party to bear its own costs. Signed by Judge Leonard Davis on 12/21/07. (mjc ) (Entered: 12/21/2007)
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Legal Document (Payment Possibly Required) 56 Filed: 12/20/2007, Entered: None
Consent MOTION to Dismiss Stipulated Motion for Dismissal with Prejudice by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order)(Edmonds, John) (Entered: 12/20/2007)
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Legal Document (Payment Possibly Required) 55 Filed: 12/10/2007, Entered: None Court Filing
NOTICE of Hearing: Scheduling Conference set for 1/10/2008 01:30 PM before Judge Leonard Davis in Tyler. No court appearance required if parties file an agreement notice with the court seven days before the conference date. Proposed Discovery Order is Appendix A; Docket Control Order is Appendix B.(mjc ) (Entered: 12/10/2007)
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Legal Document (Payment Possibly Required) 54 Filed: 10/30/2007, Entered: None Court Filing
ORDER granting 53 Motion to Dismiss With Prejudice all claims and counterclaims between plaintiff, Orion IP, LLC, and defendants Thule, Inc., Thule USA, Inc., Thule Towing Systems, LLC, Thule AB, and/or Thule Holding AB, subject to the terms of the settlement agreement. Each party to bear its own costs. Signed by Judge Leonard Davis on 10/30/07. (mjc ) (Entered: 10/30/2007)
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Legal Document (Payment Possibly Required) 53 Filed: 10/24/2007, Entered: None
MOTION to Dismiss (Stipulated) by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order)(Edmonds, John) (Entered: 10/24/2007)
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Legal Document (Payment Possibly Required) 52 Filed: 10/11/2007, Entered: None Court Filing
ORDER granting 51 Motion to Dismiss With Prejudice all claims and counterclaims between plaintiff Orion IP, LLC, and defendants, Delta Consolidated Industries, Inc., and Danaher Corporation pursuant to the settlement agreement. Each party to bear its own costs. Signed by Judge Leonard Davis on 10/11/07. (mjc ) (Entered: 10/11/2007)
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Legal Document (Payment Possibly Required) 51 Filed: 10/10/2007, Entered: None
MOTION to Dismiss Stipulated Motion for Dismissal with Prejudice by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 10/10/2007)
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Legal Document (Payment Possibly Required) 50 Filed: 9/17/2007, Entered: None Court Filing
ORDER granting 49 Motion for Extension of Time to Answer re 14 Amended Complaint. Accordingly, Defendants Delta Consolidated Industries, Inc. and Danaher Corporation shall have until and including September 26, 2007, to answer or otherwise respond to Plaintiff's First Amended Complaint for Patent Infringement. Signed by Judge Leonard Davis on 9/17/07. (fnt, ) (Entered: 09/17/2007)
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Legal Document (Payment Possibly Required) 49 Filed: 9/14/2007, Entered: None
Second MOTION for Extension of Time to File Answer or Otherwise Respond by Danaher Corporation, Delta Consolidated Industries, Inc.. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 09/14/2007)
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Legal Document (Payment Possibly Required) 48 Filed: 9/10/2007, Entered: None Court Filing
ORDER granting 47 Motion to Dismiss With Prejudice all claims and counterclaims asserted between Plaintiff Orion IP, LLC and Defendant TracRac, Inc., subject to the terms of the settlement agreement. Each party to bear its own costs. Signed by Judge Leonard Davis on 9/10/07. (mjc) (Entered: 09/10/2007)
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Legal Document (Payment Possibly Required) 47 Filed: 9/7/2007, Entered: None
Consent MOTION to Dismiss Defendant TracRac, Inc. by Orion IP, LLC. (Attachments: # 1)(Edmonds, John) (Entered: 09/07/2007)
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Legal Document (Payment Possibly Required) 46 Filed: 8/30/2007, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Steven M Wilker for Yakima Products, Inc. Fee pd., 6-1-10842. Approved 8/31/07. (mjc ) (Entered: 08/31/2007)
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Legal Document (Payment Possibly Required) 45 Filed: 8/30/2007, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney David S Aman for Yakima Products, Inc. Fee pd., 6-1-10842. Approved 8/31/07. (mjc ) (Entered: 08/31/2007)
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Legal Document (Payment Possibly Required) 44 Filed: 8/31/2007, Entered: None
RESPONSE to 34 Answer to Amended Complaint, Counterclaim of Thule, Inc., Thule USA, Inc. and Thule Towing Systems, LLC by Orion IP, LLC. (Edmonds, John) (Entered: 08/31/2007)
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Legal Document (Payment Possibly Required) 43 Filed: 8/31/2007, Entered: None
RESPONSE to 33 Answer to Amended Complaint, Counterclaim of Yakima Products, Inc. by Orion IP, LLC. (Edmonds, John) (Entered: 08/31/2007)
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Legal Document (Payment Possibly Required) 42 Filed: 8/30/2007, Entered: None Court Filing
ORDER re 40 Notice of Voluntary Dismissal filed by Orion IP, LLC, granting dismissal without prejudice of claims against Defendants Thule Trailers, Inc., and Thule Holding, Inc. Signed by Judge Leonard Davis on 8/29/07. (mjc ) (Entered: 08/30/2007)
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Legal Document (Payment Possibly Required) 41 Filed: 8/28/2007, Entered: None
TracRac's Affirmative Defenses and ANSWER to Amended Complaint of Orion IP, LLC by TracRac, Inc..(Tippetts, David) (Entered: 08/28/2007)
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Legal Document (Payment Possibly Required) 40 Filed: 8/28/2007, Entered: None
NOTICE of Voluntary Dismissal by Orion IP, LLC (Attachments: # 1)(Pridham, David) (Entered: 08/28/2007)
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Legal Document (Payment Possibly Required) 39 Filed: 8/16/2007, Entered: None Court Filing
ORDER granting 37 Motion for Extension of Time to Answer re 37 MOTION for Extension of Time to File Answer to First Amended Complaint (for Delta Consolidated Industries, Inc. and Danaher Corporation). Answer due by 9/12/07 . Signed by Judge Leonard Davis on 8/16/07. (mjc ) (Entered: 08/16/2007)
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Legal Document (Payment Possibly Required) 38 Filed: 8/16/2007, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Yakima Products, Inc. (Flowers, Bruce) (Entered: 08/16/2007)
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Legal Document (Payment Possibly Required) 37 Filed: 8/15/2007, Entered: None
MOTION for Extension of Time to File Answer to First Amended Complaint (for Delta Consolidated Industries, Inc. and Danaher Corporation) by Orion IP, LLC. (Attachments: # 1)(Edmonds, John) (Entered: 08/15/2007)
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Legal Document (Payment Possibly Required) 36 Filed: 8/13/2007, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by THULE TOWING SYSTEMS LLC, Thule Holding, Inc., THULE INC, THULE USA INC, THULE TRAILERS INC (Petri, Henry) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 35 Filed: 8/13/2007, Entered: None
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Thule Holding, Inc., THULE TRAILERS INC. (Attachments: # 1 Affidavit Declaration of Mark T. Cohen# 2 Affidavit Declaration of Tim Ryan# 3 Text of Proposed Order)(Petri, Henry) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 34 Filed: 8/13/2007, Entered: None
ANSWER to Amended Complaint, COUNTERCLAIM against Orion IP, LLC by THULE TOWING SYSTEMS LLC, THULE INC, THULE USA INC.(Petri, Henry) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 33 Filed: 8/13/2007, Entered: None
Defendant Yakima Products, Inc.'s ANSWER to Amended Complaint and, COUNTERCLAIM to First Amended Complaint against Orion IP, LLC by Yakima Products, Inc..(Flowers, Bruce) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 32 Filed: 8/13/2007, Entered: None
NOTICE of Attorney Appearance by Terry D Morgan on behalf of Orion IP, LLC (Morgan, Terry) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 31 Filed: 8/13/2007, Entered: None
NOTICE of Attorney Appearance by J Mike Amerson on behalf of Orion IP, LLC (Amerson, J) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 30 Filed: 8/13/2007, Entered: None
NOTICE of Attorney Appearance by Danny Lloyd Williams on behalf of Orion IP, LLC (Williams, Danny) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 29 Filed: 8/9/2007, Entered: None Court Filing
ORDER granting 22 Motion for Extension of Time to Answer re 22 MOTION for Extension of Time to File Answer re 14 Amended Complaint Unopposed Motion for Extension of Time in Which to Answer or Otherwise Respond to Plaintiff's First Amended Complaint for Patent Infringement. TracRac shall answer the Amended Complaint by 8/28/07 . Signed by Judge Leonard Davis on 8/9/07. (mjc) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 28 Filed: 8/7/2007, Entered: None
Return of Service Executed as to TracRac, Inc. on 7/23/2007, answer due: 8/13/2007. (mjc ) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 27 Filed: 8/7/2007, Entered: None
Return of Service Executed as to Thule Holding, Inc. on 7/23/2007, answer due: 8/13/2007. (mjc) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 26 Filed: 8/7/2007, Entered: None
Return of Service Executed as to Delta Consolidated Industries, Inc. on 7/20/2007, answer due: 8/9/2007. (mjc ) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 25 Filed: 8/7/2007, Entered: None
Return of Service Executed as to THULE INC on 7/23/2007, answer due: 8/13/2007. (mjc ) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 24 Filed: 8/7/2007, Entered: None
Return of Service Executed as to THULE USA INC on 7/23/2007, answer due: 8/13/2007. (mjc) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 23 Filed: 8/7/2007, Entered: None
Return of Service Executed as to Yakima Products, Inc. on 7/23/2007, answer due: 8/13/2007. (mjc ) (Entered: 08/09/2007)
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Legal Document (Payment Possibly Required) 22 Filed: 8/8/2007, Entered: None
MOTION for Extension of Time to File Answer re 14 Amended Complaint Unopposed Motion for Extension of Time in Which to Answer or Otherwise Respond to Plaintiff's First Amended Complaint for Patent Infringement by TracRac, Inc.. (Attachments: # 1 Text of Proposed Order Order)(Tippetts, David) (Entered: 08/08/2007)
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Legal Document (Payment Possibly Required) 21 Filed: 8/1/2007, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Orion IP, LLC identifying Plutus IP, LLC as Corporate Parent. (Edmonds, John) (Entered: 08/01/2007)
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Legal Document (Payment Possibly Required) 20 Filed: 7/26/2007, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Orion IP, LLC. THULE TRAILERS INC served by CMRR on 7/23/2007, answer due 8/13/2007. (ch, ) (Entered: 07/30/2007)
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Legal Document (Payment Possibly Required) 19 Filed: 7/26/2007, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Orion IP, LLC. THULE TOWING SYSTEMS LLC served by CMRR on 7/23/2007, answer due 8/13/2007. (ch, ) (Entered: 07/30/2007)
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Legal Document (Payment Possibly Required) 18 Filed: 7/26/2007, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Orion IP, LLC. Danaher Corporation served by CMRR on 7/23/2007, answer due 8/13/2007. (ch, ) (Entered: 07/30/2007)
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Legal Document (Payment Possibly Required) 17 Filed: 7/19/2007, Entered: None
Summons Reissued as to THULE TOWING SYSTEMS LLC, THULE AB, Thule Holding, Inc., THULE HOLDING AB, THULE INC, THULE USA INC, THULE TRAILERS INC. (Attachments: # 1 Thule Holding AB Summons# 2 Thule Holding, Inc. Summons# 3 Thule, Inc. Summons # 4 Thule Towing Systems Summons# 5 Thule Trailers Summons# 6 Thule USA Summons)(mjc ) Additional attachment(s) added on 7/19/2007 (mjc, ). (Entered: 07/19/2007)
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Legal Document (Payment Possibly Required) 16 Filed: 7/19/2007, Entered: None
E-GOV SEALED SUMMONS Issued as to Danaher Corporation, Delta Consolidated Industries, Inc., TracRac, Inc., Yakima Products, Inc. (Attachments: # 1 Delta Consolidated Summons# 2 TracRac Summons# 3 Yakima Products Summons)(mjc ) (Entered: 07/19/2007)
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Legal Document (Payment Possibly Required) 15 Filed: 7/18/2007, Entered: None
Summons Reissued as to THULE TRAILERS INC. (rvw, ) (Entered: 07/18/2007)
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Legal Document (Payment Possibly Required) 14 Filed: 7/17/2007, Entered: None
AMENDED COMPLAINT of Plaintiff Orion IP, LLC against all defendants, filed by Orion IP, LLC. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Pridham, David) (Entered: 07/17/2007)
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Legal Document (Payment Possibly Required) 13 Filed: 7/17/2007, Entered: None
NOTICE of Voluntary Dismissal by Orion IP, LLC (Edmonds, John) (Entered: 07/17/2007)
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Legal Document (Payment Possibly Required) 12 Filed: 7/12/2007, Entered: None
NOTICE of Attorney Appearance by John J. Edmonds on behalf of Orion IP, LLC (Edmonds, John) (Entered: 07/12/2007)
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Legal Document (Payment Possibly Required) 11 Filed: 7/2/2007, Entered: None
Return of Service Executed as to THULE USA INC on 6/25/2007, answer due: 7/16/2007. (mjc ) (Entered: 07/05/2007)
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Legal Document (Payment Possibly Required) 10 Filed: 7/2/2007, Entered: None
Return of Service Executed as to THULE INC on 6/28/2007, answer due: 7/18/2007. (mjc ) (Entered: 07/05/2007)
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Legal Document (Payment Possibly Required) 9 Filed: 7/2/2007, Entered: None
Return of Service Executed as to THULE TOWING SYSTEMS LLC on 6/25/2007, answer due: 7/16/2007. (mjc ) (Entered: 07/05/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 7/2/2007, Entered: None
Return of Service Executed as to THULE MANAGEMENT LLC on 6/25/2007, answer due: 7/16/2007. (mjc ) (Entered: 07/05/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 7/2/2007, Entered: None
Return of Service Executed as to THULE HOLDING AB on 6/26/2007, answer due: 7/16/2007. (mjc ) (Entered: 07/05/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 7/3/2007, Entered: None
E-Gov Sealed Summons (Reissued) as to THULE TRAILERS INC. (rvw, ) (Entered: 07/03/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 6/22/2007, Entered: None
NOTICE of Attorney Appearance by Thomas John Ward, Jr on behalf of Orion IP, LLC (Ward, Thomas) (Entered: 06/22/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 6/22/2007, Entered: None
NOTICE of Attorney Appearance by Eric M. Albritton on behalf of Orion IP, LLC (Albritton, Eric) (Entered: 06/22/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 6/21/2007, Entered: None
E-GOV SEALED SUMMONS Issued as to THULE TOWING SYSTEMS LLC, THULE MANAGEMENT LLC, THULE AB, THULE HOLDING AB, THULE INC, THULE USA INC, THULE TRAILERS INC. (fnt, ) (Entered: 06/21/2007)
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Legal Document (Payment Possibly Required) 2 Filed: 6/21/2007, Entered: None
Form mailed to Commissioner of Patents and Trademarks. (fnt, ) (Entered: 06/21/2007)
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Legal Document (Payment Possibly Required) 1 Filed: 6/21/2007, Entered: None
COMPLAINT against THULE TOWING SYSTEMS LLC, THULE MANAGEMENT LLC, THULE AB, THULE HOLDING AB, THULE INC, THULE USA INC, THULE TRAILERS INC (Filing fee $ 350.) , filed by Orion IP, LLC. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C part 1# 5 Exhibit C part 2)(fnt, )(Filing Fee Paid, $350.00,Receipt # 2-1-2705) (Entered: 06/21/2007)
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