Execware LLC v. Barneys New York Inc.
Federal Civil Lawsuit Delaware District Court, Case No. 1:14-cv-00230
District Judge Leonard P. Stark, presiding

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Last Updated January 15, 2017 at 11:56 AM ST (4.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Execware, LLC, Plaintiff

Toggle Switch Represented by Bayard, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Stephen B. Brauerman +1 302 429 4232 +1 302 658 6395 sbrauerman@bayardlaw.com
ATTORNEY TO BE NOTICED Sara E. Bussiere +1 302 429 4230 sbussiere@bayardlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard D. Kirk +1 302 429 4208 +1 302 658 6395 rkirk@bayardlaw.com
ATTORNEY TO BE NOTICED Vanessa Ribeiro Tiradentes +1 302 429 4228 vtiradentes@bayardlaw.com

Toggle Switch Represented by Califf T. Cooper

Name Phone Fax E-Mail
TERMINATED: 02/10/2016, PRO HAC VICE, ATTORNEY TO BE NOTICED Califf T. Cooper

Toggle Switch Represented by Larry D. Thompson , Jr.

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Larry D. Thompson, Jr.

Toggle Switch Represented by Matthew J. Antonelli

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Matthew J. Antonelli

Toggle Switch Represented by Peter J. Corcoran

Name Phone Fax E-Mail
TERMINATED: 05/19/2014, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter J. Corcoran

Toggle Switch Represented by Zachariah S. Harrington

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Zachariah S. Harrington
v.
No Logo Barneys New York, Inc., Defendant

Toggle Switch Represented by Harmon, Edward

Name Phone Fax E-Mail
TERMINATED: 08/20/2015 Julia Heaney +1 302 658 9200

Toggle Switch Represented by Morris, Nichols, Arsht & Tunnell LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jack B. Blumenfeld +1 302 658 9200 jbbefiling@mnat.com
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 34 Filed: 2/26/2016, Entered: None Court Filing
ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for March 11, 2016 at 11:00 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than March 2, 2016, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than March 4, 2016, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 2/26/16. Associated Cases: 1:14-cv-00230-LPS et al. (ntl) (Entered: 02/26/2016)
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    Legal Document (Payment Possibly Required) 33 Filed: 2/23/2016, Entered: None
    Joint Letter to The Honorable Leonard P. Stark from Defendants' counsel regarding request for discovery teleconference re PO. (Anderson, Jeremy) (Entered: 02/23/2016)
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      Legal Document (Payment Possibly Required) 32 Filed: 2/18/2016, Entered: None
      NOTICE OF SERVICE of (i) Defendants' First Set of Common Requests for Production to Plaintiff Execware, LLC (Nos. 1-75) and (ii) Defendants' First Set of Common Interrogatories to Plaintiff (Nos. 1-8) filed by OfficeMax North America Inc..(Lydon, Tiffany) (Entered: 02/18/2016)
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        Legal Document (Payment Possibly Required) 31 Filed: 2/12/2016, Entered: None
        STIPULATION TO EXTEND TIME to submit a joint proposed protective order to February 23, 2016 - filed by OfficeMax North America Inc.. (Lydon, Tiffany) (Entered: 02/12/2016)
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          Legal Document (Payment Possibly Required) 30 Filed: 2/10/2016, Entered: None
          NOTICE requesting Clerk to remove Califf Cooper as co-counsel.. (Brauerman, Stephen) (Entered: 02/10/2016)
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            Legal Document (Payment Possibly Required) 29 Filed: 1/26/2016, Entered: None
            NOTICE OF SERVICE of Rule 26(a)(1) Disclosures filed by Barneys New York Inc..(Flynn, Michael) (Entered: 01/26/2016)
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              Legal Document (Payment Possibly Required) 28 Filed: 1/26/2016, Entered: None
              NOTICE OF SERVICE of (1) PLAINTIFF EXECWARE, LLC'S INITIAL DISCLOSURES; and (2) this NOTICE OF SERVICE filed by Execware LLC.(Bussiere, Sara) (Entered: 01/26/2016)
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                Legal Document (Payment Possibly Required) 27 Filed: 1/21/2016, Entered: None
                PROPOSED ORDER REGARDING DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) by Execware LLC. (Tiradentes, Vanessa) (Entered: 01/21/2016)
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                  Legal Document (Payment Possibly Required) 26 Filed: 1/14/2016, Entered: None
                  STIPULATION TO EXTEND TIME for the parties to submit a joint proposal regarding the scope and schedule of production of ESI to January 21, 2016 - filed by OfficeMax North America Inc.. (Lydon, Tiffany) (Entered: 01/14/2016)
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                    Legal Document (Payment Possibly Required) 25 Filed: 1/6/2016, Entered: None
                    NOTICE OF SERVICE of (1) EXECWARE, LLC'S AMENDED DISCLOSURES PURSUANT TO SECTION 8(a); and (2) this NOTICE OF SERVICE filed by Execware LLC.(Tiradentes, Vanessa) (Entered: 01/06/2016)
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                      Legal Document (Payment Possibly Required) 24 Filed: 1/6/2016, Entered: None Court Filing
                      ORAL ORDER: On or before January 20, 2016, each party or each party group shallemail to Chief Magistrate Judge Thynge, with a copy to her Judicial Administrator, Cathleen Kennedy, the information requested in the attached Order. Ordered by Judge Thynge on 1/6/16. (Attachments: # 1 Order Requesting Information re: ADR) Associated Cases: 1:14-cv-00229-LPS et al.(cak) (Entered: 01/06/2016)
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                        Legal Document (Payment Possibly Required) 23 Filed: 1/5/2016, Entered: None
                        NOTICE OF SERVICE of (1) Execware, LLC's Disclosures Pursuant to Section 8(a); and (2) this Notice of Service filed by Execware LLC.(Bussiere, Sara) (Entered: 01/05/2016)
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                          Legal Document (Payment Possibly Required) 22 Filed: 12/16/2015, Entered: None Court Filing
                          SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 3/16/2017. Status Report due by 12/14/2016. Dispositive Motions due by 7/31/2017. An Oral Argument is set for 9/26/2017 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Status and Trial Scheduling Teleconference is set for 10/27/2017 at 01:30 PM before Judge Leonard P. Stark. Claim Construction Opening Brief due by 9/12/2016. Claim Construction Answering Brief due by 10/3/2016. A Markman Hearing is set for 10/31/2016 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Final Pretrial Conference is set for 12/8/2017 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 11/28/2017. A 5-day Jury Trial is set for 1/8/2018 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 12/15/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 12/16/2015)
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                            Legal Document (Payment Possibly Required) 21 Filed: 12/15/2015, Entered: None Court Filing
                            Official Transcript of Case Management Conference held on December 4, 2015 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. 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 1/5/2016. Redacted Transcript Deadline set for 1/15/2016. Release of Transcript Restriction set for 3/14/2016.(bpg) (Entered: 12/15/2015)
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                              Legal Document (Payment Possibly Required) 20 Filed: 12/11/2015, Entered: None
                              PROPOSED ORDER / [Proposed] Scheduling Order by Execware LLC. (Tiradentes, Vanessa) (Entered: 12/11/2015)
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                                Legal Document (Payment Possibly Required) 19 Filed: 11/25/2015, Entered: None Court Filing
                                ORAL ORDER: Regarding the letter request for various counsel to participate telephonically at the Case Management Conference, IT IS HEREBY ORDERED that the requests are GRANTED. Counsel for Best Buy shall initiate the call to (302) 573-4573. ORDERED by Judge Leonard P. Stark on 11/25/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 11/25/2015)
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                                  Legal Document (Payment Possibly Required) 18 Filed: 11/25/2015, Entered: None
                                  Letter to The Honorable Leonard P. Stark from Samantha G. Wilson regarding Defendant BestBuy.com, LLC's request for telephonic participation by pro hac vice counsel in the December 4, 2015 Case Management Conference - re (21 in 1:14-cv-00237-LPS, 17 in 1:14-cv-00230-LPS, 21 in 1:14-cv-00245-LPS, 19 in 1:14-cv-00232-LPS, 34 in 1:14-cv-00240-LPS, 24 in 1:14-cv-00242-LPS, 25 in 1:14-cv-00235-LPS, 22 in 1:14-cv-00246-LPS, 32 in 1:14-cv-00234-LPS, 25 in 1:14-cv-00229-LPS, 18 in 1:14-cv-00239-LPS, 31 in 1:14-cv-00233-LPS, 23 in 1:14-cv-00243-LPS) Order Setting Scheduling Conference,. (Wilson, Samantha) (Entered: 11/25/2015)
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                                    Legal Document (Payment Possibly Required) 17 Filed: 11/17/2015, Entered: None Court Filing
                                    ORAL ORDER: IT IS HEREBY ORDERED that the Court will hold a Case Management Conference in Courtroom 6B on December 4, 2015 at 1:30 p.m. No further submissions are needed. ORDERED by Judge Leonard P. Stark on 11/17/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 11/17/2015)
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                                      Legal Document (Payment Possibly Required) 16 Filed: 11/2/2015, Entered: None
                                      PROPOSED ORDER / [Proposed] Scheduling Order by Execware LLC. (Brauerman, Stephen) (Entered: 11/02/2015)
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                                        Legal Document (Payment Possibly Required) 15 Filed: 11/2/2015, Entered: None
                                        Letter to The Honorable Leonard P. Stark from Stephen B. Brauerman, Esquire regarding Proposed Scheduling Order and Checklist Pursuant to the Courts October 2, 2015 Order. (Attachments: # 1 Joint Case Management Checklist)(Brauerman, Stephen) (Entered: 11/02/2015)
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                                          Legal Document (Payment Possibly Required) 14 Filed: 10/2/2015, Entered: None Court Filing
                                          ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). ORDERED by Judge Leonard P. Stark on 10/2/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 10/02/2015)
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                                            Legal Document (Payment Possibly Required) 13 Filed: 8/20/2015, Entered: None
                                            NOTICE requesting Clerk to remove Julia Heaney as co-counsel. Reason for request: No longer with firm. (Heaney, Julia) (Entered: 08/20/2015)
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                                              Legal Document (Payment Possibly Required) 12 Filed: 9/5/2014, Entered: None
                                              NOTICE of Change of Address by Sara E. Bussiere (Bussiere, Sara) (Entered: 09/05/2014)
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                                                Legal Document (Payment Possibly Required) 11 Filed: 5/22/2014, Entered: None
                                                ANSWER to 1 Complaint, with Jury Demand /Plaintiff Execware, LLC's Answer to Counterclaims of Defendant Barneys of New York, Inc. by Execware LLC.(Brauerman, Stephen) (Entered: 05/22/2014)
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                                                  Legal Document (Payment Possibly Required) 10 Filed: 5/19/2014, Entered: None
                                                  Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Perry Capital LLC for Barneys New York Inc. filed by Barneys New York Inc.. (Heaney, Julia) (Entered: 05/19/2014)
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                                                    Legal Document (Payment Possibly Required) 9 Filed: 5/19/2014, Entered: None
                                                    ANSWER to 1 Complaint, with Jury Demand by Barneys New York Inc..(Heaney, Julia) (Entered: 05/19/2014)
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                                                      Legal Document (Payment Possibly Required) 8 Filed: 5/19/2014, Entered: None
                                                      MOTION for Pro Hac Vice Appearance of Attorney Califf T. Cooper - filed by Execware LLC. (Attachments: # 1 Certification of Califf T. Cooper)(Brauerman, Stephen) (Entered: 05/19/2014)
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                                                        Legal Document (Payment Possibly Required) 7 Filed: 5/19/2014, Entered: None
                                                        NOTICE requesting Clerk to remove Peter J. Corcoran, III as co-counsel.. (Brauerman, Stephen) (Entered: 05/19/2014)
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                                                          Legal Document (Payment Possibly Required) 6 Filed: 4/18/2014, Entered: None
                                                          STIPULATION TO EXTEND TIME by which defendant Barneys New York, Inc. may respond to the Complaint to May 19, 2014 - filed by Barneys New York Inc.. (Blumenfeld, Jack) (Entered: 04/18/2014)
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                                                            Legal Document (Payment Possibly Required) 5 Filed: 3/5/2014, Entered: None
                                                            MOTION for Pro Hac Vice Appearance of Attorney Zachariah S. Harrington, Matthew J. Antonelli, Larry D. Thompson, Jr., and Peter J. Corcoran, III - filed by Execware LLC. (Attachments: # 1 Certification of Zachariah S. Harrington, # 2 Certification of Matthew J. Antonelli, # 3 Certification of Larry D. Thompson, Jr., # 4 Certification of Peter J. Corcoran, III)(Brauerman, Stephen) (Entered: 03/05/2014)
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                                                              Legal Document (Payment Possibly Required) 4 Filed: 2/26/2014, Entered: None
                                                              SUMMONS Returned Executed by Execware LLC. Barneys New York Inc. served on 2/25/2014, answer due 3/18/2014. (Brauerman, Stephen) (Entered: 02/26/2014)
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                                                                Legal Document (Payment Possibly Required) 3 Filed: 2/21/2014, Entered: None
                                                                Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,216,139;. (cla, ) (Entered: 02/24/2014)
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                                                                  Legal Document (Payment Possibly Required) 2 Filed: 2/21/2014, Entered: None Court Filing
                                                                  Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (cla, ) (Entered: 02/24/2014)
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                                                                    Legal Document (Payment Possibly Required) 1 Filed: 2/21/2014, Entered: None
                                                                    COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Barneys New York Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1466211.) - filed by Execware LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(cla, ) (Entered: 02/24/2014)
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