Unique Product Solutions, Limited v. Markwort Sporting Goods Company
Federal Civil Lawsuit Ohio Northern District Court, Case No. 5:10-cv-01770
District Judge David D. Dowd, Jr, presiding

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No Logo Unique Product Solutions, Limited, Plaintiff

Toggle Switch Represented by Buckingham, Doolittle & Burroughs, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David J. Hrina +1 330 643 0212 +1 330 252 5312 dhrina@bdblaw.com
Space Mark J. Skakun +1 330 258 6422 +1 330 258 6422 mskakun@bdblaw.com
v.
No Logo Markwort Sporting Goods Company, Defendant

Represented by Polster, Lieder, Woodruff & Lucchesi, LC

United States of America United States of America, Interested Party

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Adam Hollingsworth +1 216 622 3781 +1 216 522 2404 adam.hollingsworth@usdoj.gov
United States of America United States of America, Intervenor

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven J. Paffilas +1 216 622 3698 +1 216 522 2404 steven.paffilas@usdoj.gov
Citation Section 35 U.S.C. § 183
Nature of Suit 830 - Property Rights: Patent
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Legal Document (Payment Possibly Required) 36 Filed: 9/22/2011, Entered: None Court Filing
Notice and Marginal Entry Order of Voluntary Case Dismissal, without prejudice. Signed by Judge David D. Dowd, Jr. on 9/22/2011. (M,De) (Entered: 09/22/2011)
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    Legal Document (Payment Possibly Required) 35 Filed: 9/20/2011, Entered: None
    Notice of Voluntary Dismissal without Prejudice Under FRCP 41(a)(1) filed by Unique Product Solutions, Limited. (Hrina, David) Modified text on 9/21/2011 (S,He). (Entered: 09/20/2011)
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      Legal Document (Payment Possibly Required) 34 Filed: 3/17/2011, Entered: None Court Filing
      Order granting Relator's Motion to stay (Related Doc # 33 ). Relator is directed to immediately notify the Court when the CAFC rules on the constitutionality of 35 U.S.C § 292(b). Presently pending before the Court are Defendant's motion to dismiss pursuant to Rule 12(b)(6) and its motion to transfer this case to the Eastern District of Missouri. ECF Nos. 13 & 15 , respectively. The Clerk is directed to administratively terminate Defendant's motions. This action is purely administrative, and is without prejudice to Markwort Sporting Goods Company, who may re-file its motion at such time as the stay in this case is lifted by the Court. Signed by Judge David D. Dowd, Jr. on 3/17/2011. (M,De) (Entered: 03/17/2011)
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        Legal Document (Payment Possibly Required) 33 Filed: 2/24/2011, Entered: None
        Relator's Motion to stay filed by Plaintiff Unique Product Solutions, Limited. (Hrina, David) Modified text on 2/28/2011 (R,Sh). (Entered: 02/24/2011)
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          Legal Document (Payment Possibly Required) 32 Filed: 2/22/2011, Entered: None
          Response To Notice of Intervention By The United States filed by Markwort Sporting Goods Company. Related document(s) 31 . (Attachments: # 1 Proposed Order) (Nolte, Nelson) (Entered: 02/22/2011)
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            Legal Document (Payment Possibly Required) 31 Filed: 2/22/2011, Entered: None
            Notice of Intervention by the United States of America filed by United States of America. (Attachments: # 1 Proposed Order)Related document(s) 30 .(Paffilas, Steven) (Entered: 02/22/2011)
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              Legal Document (Payment Possibly Required) 30 Filed: 1/18/2011, Entered: None Court Filing
              Order regarding the United States 28 Motion for Extension of Time until February 23, 2011, to determine if intervention is appropriate. Defendant has filed a response 29 indicating it does not oppose the motion, but asks the Court to extend the current stay on discovery. Both requests are granted. The United States has until February 23, 2011, to determine if intervention is appropriate. Discovery is this matter is stayed until further order of the Court. Signed by Judge David D. Dowd, Jr on 1/18/2011.(P,G) (Entered: 01/18/2011)
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                Legal Document (Payment Possibly Required) 29 Filed: 1/14/2011, Entered: None
                Response to 28 Motion for time to Determine if Intervention is Appropriate filed by Markwort Sporting Goods Company. (Nolte, Nelson) Modified text on 1/18/2011 (H,KR). (Entered: 01/14/2011)
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                  Legal Document (Payment Possibly Required) 28 Filed: 1/14/2011, Entered: None
                  Motion for time until February 23, 2011, in order to Determine if Intervention is Appropriate filed by Interested Party United States of America. (Paffilas, Steven) Modified text on 1/18/2011 (H,KR). (Entered: 01/14/2011)
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                    Legal Document (Payment Possibly Required) 27 Filed: 12/8/2010, Entered: None Court Filing
                    Order regarding case management conference held on 12/7/2010. Discovery is stayed to encourage and allow the parties to settle the case. Given that the case is stayed, the Court indicated that no discovery is to occur until February 1, 2011, and that neither party shall submit any additional briefing on any outstanding motions as none will be accepted by the Court. Signed by Judge David D. Dowd, Jr. on 12/8/2010. (M,De) (Entered: 12/08/2010)
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                      Legal Document (Payment Possibly Required) 26 Filed: 12/8/2010, Entered: None Court Filing
                      Case Management Conference Plan/Order. Case is assigned to the standard track. Discovery is stayed until further order of the Court. The Court directed the parties to attempt to settle the case & to advise the Court by 1/31/2011. The Court will defer ruling on the pending motions to dismiss & transfer until 1/31/2011. Signed by Judge David D. Dowd, Jr. on 12/8/2010. (M,De) (Entered: 12/08/2010)
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                        Legal Document (Payment Possibly Required) 25 Filed: 12/6/2010, Entered: None
                        Reply in support of 15 Motion to transfer to the Eastern District of Missouri filed by All Defendants. (Nolte, Nelson) Modified text on 12/8/2010 (S,He). (Entered: 12/06/2010)
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                          Legal Document (Payment Possibly Required) 24 Filed: 12/3/2010, Entered: None
                          Notice of counsel's telephone number for the Case Management Conference on 12/7/2010 filed by Markwort Sporting Goods Company. Related document(s) 23 .(Nolte, Nelson) Modified text on 12/7/2010 (S,He). (Entered: 12/03/2010)
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                            Legal Document (Payment Possibly Required) 23 Filed: 12/2/2010, Entered: None Court Filing
                            Order granting Defendant's Motion for leave to participate at conference by phone (Related Doc # 22 ). Counsel for Defendant must provide the Court with the telephone number at which he can be reached prior to the scheduled Conference. Counsel for Defendant and a party representative with knowledge of the controversy shall both be present on the same telephone line to participate in the Conference. Signed by Judge David D. Dowd, Jr. on 12/2/2010. (M,De) (Entered: 12/02/2010)
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                              Legal Document (Payment Possibly Required) 22 Filed: 12/1/2010, Entered: None
                              Unopposed Motion for leave to attend the Case Management Conference on December 7, 2010 by telephone filed by Defendant Markwort Sporting Goods Company. (Nolte, Nelson) Modified text on 12/2/2010 (P,G). (Entered: 12/01/2010)
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                                Legal Document (Payment Possibly Required) 21 Filed: 11/30/2010, Entered: None
                                Notice of Service of Initial Disclosures filed by Markwort Sporting Goods Company. (Nolte, Nelson) Modified text on 12/2/2010 (S,He). (Entered: 11/30/2010)
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                                  Legal Document (Payment Possibly Required) 20 Filed: 11/29/2010, Entered: None
                                  Notice of Service of Initial Disclosures filed by Unique Product Solutions, Limited. (Hrina, David) (Entered: 11/29/2010)
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                                    Legal Document (Payment Possibly Required) 19 Filed: 11/29/2010, Entered: None Court Filing
                                    Order denying Motion for leave to file a substitute motion to dismiss (Related Doc # 16 ). Signed by Judge David D. Dowd, Jr. on 11/29/2010. (M,De) (Entered: 11/29/2010)
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                                      Legal Document (Payment Possibly Required) 18 Filed: 11/26/2010, Entered: None
                                      Memorandum in Opposition to 15 Motion to transfer to the Eastern District of Missouri filed by Unique Product Solutions, Limited. (Attachments: # 1 Exhibit A - Unofficially Reported Cases)(Hrina, David) Modified text and labeled attachments on 11/30/2010 (S,He). (Entered: 11/26/2010)
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                                        Legal Document (Payment Possibly Required) 17 Filed: 11/22/2010, Entered: None
                                        Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Parties. (Hrina, David) (Entered: 11/22/2010)
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                                          Legal Document (Payment Possibly Required) 16 Filed: 11/12/2010, Entered: None
                                          Motion for leave to file substitute motion to dismiss filed by Defendant Markwort Sporting Goods Company. Related document(s) 13 . (Attachments: # 1 Exhibit 1- Motion to Dismiss, # 2 Exhibit A to Exhibit 1 - Westlaw Unreported Cases)(Nolte, Nelson) Modified to label attachment on 11/15/2010 (S,He). (Entered: 11/12/2010)
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                                            Legal Document (Payment Possibly Required) 15 Filed: 11/12/2010, Entered: None
                                            Motion to transfer to the Eastern District of Missouri (with Memorandum) filed by Defendant Markwort Sporting Goods Company. (Attachments: # 1 Exhibit A - Declaration of H. Markwort, # 2 Exhibit B - Form for Ohio Secretary of State, # 3 Exhibit C - White Pages Results, # 4 Exhibit D - US District Court Judicial Caseload Profile)(Nolte, Nelson) Modified text to label attachments on 11/15/2010 (S,He). (Entered: 11/12/2010)
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                                              Legal Document (Payment Possibly Required) 14 Filed: 11/10/2010, Entered: None
                                              Notice of Constitutional Challenge filed by Markwort Sporting Goods Company. (Nolte, Nelson) Modified text on 11/12/2010 (P,G). (Entered: 11/10/2010)
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                                                Legal Document (Payment Possibly Required) 13 Filed: 11/10/2010, Entered: None Motion to Dismiss
                                                Motion to dismiss and memorandum to dismiss pursuant to Rule 12(b)(6) filed by Defendant Markwort Sporting Goods Company. (Attachments: # 1 Exhibit A, Westlaw citations)(Nolte, Nelson) Modified text on 11/12/2010 (P,G). (Entered: 11/10/2010)
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                                                  Legal Document (Payment Possibly Required) 12 Filed: 10/25/2010, Entered: None
                                                  Corporate Disclosure Statement filed by Markwort Sporting Goods Company. (Nolte, Nelson) (Entered: 10/25/2010)
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                                                    Legal Document (Payment Possibly Required) 11 Filed: 10/19/2010, Entered: None
                                                    Letter to Honorable David D. Dowd, Jr. regarding availability of counsel for Case Management Conference filed by Unique Product Solutions, Limited. Related document(s) 10 . (Skakun, Mark) Modified text on 10/20/2010 (S,He). (Entered: 10/19/2010)
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                                                      Legal Document (Payment Possibly Required) 10 Filed: 10/8/2010, Entered: None Court Filing
                                                      Case Management Conference Scheduling Order with case management conference to be held on 12/2/2010 at 12:30 p.m. in Chambers 402 before Judge David D. Dowd Jr. Signed by Judge David D. Dowd, Jr. on 10/8/2010. (Attachments: # 1 Appendix K, # 2 Discovery Plan, # 3 Local Rule 30.1, # 4 Map) (M,De) (Entered: 10/08/2010)
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                                                        Legal Document (Payment Possibly Required) 9 Filed: 10/8/2010, Entered: None
                                                        Magistrate Consent Package issued. (M,De) (Entered: 10/08/2010)
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                                                          Legal Document (Payment Possibly Required) 8 Filed: 10/7/2010, Entered: None
                                                          Consented Motion for extension of time until 11-10-2010 to answer complaint 1 filed by Defendant Markwort Sporting Goods Company. (Nolte, Nelson) Modified on 10/8/2010 to create link(P,G). (Entered: 10/07/2010)
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                                                            Legal Document (Payment Possibly Required) 7 Filed: 10/5/2010, Entered: None
                                                            Amended Motion for attorney Nelson Darin Nolte to Appear Pro Hac Vice filed by Defendant Markwort Sporting Goods Company. Related document(s) 5 , 6 . (Attachments: # 1 Amended Affidavit)(S,He) (Entered: 10/05/2010)
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                                                              Legal Document (Payment Possibly Required) 6 Filed: 9/29/2010, Entered: None Court Filing
                                                              Order regarding 5 Motion for attorney Nelson Darin Nolte to Appear Pro Hac Vice. As submitted, the motion for admission does not entirely satisfy Local Rule 83.5(h) with respect to the required statement as to "whether the attorney has ever been disbarred or suspended from practice before any court, department, bureau or commission of any State or the United States, or has ever received any reprimand from any such court, department, bureau or commission pertaining to conduct or fitness as a member of the bar. The Court grants leave to supplement the motion for admission pro hac vice to satisfy the requirements of the recently amended Local Rule. Signed by Judge David D. Dowd, Jr. on 9/29/2010. (M,De) (Entered: 09/29/2010)
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                                                                Legal Document (Payment Possibly Required) 5 Filed: 9/27/2010, Entered: None
                                                                Motion for attorney Nelson Darin Nolte to Appear Pro Hac Vice. Filing fee $ 100, receipt number 54660003000, filed by Defendant Markwort Sporting Goods Company. (Attachments: # 1 Affidavit, # 2 Proposed Order)(S,HR) (Entered: 09/27/2010)
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                                                                  Legal Document (Payment Possibly Required) 4 Filed: 9/9/2010, Entered: None
                                                                  Waiver of Service Returned Executed by Markwort Sporting Goods Company. Markwort Sporting Goods Company waiver sent on 8/12/2010, answer due 10/11/2010. filed on behalf of Markwort Sporting Goods Company (Hrina, David) (Entered: 09/09/2010)
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                                                                    Legal Document (Payment Possibly Required) 3 Filed: 8/11/2010, Entered: None
                                                                    Original Summons and Magistrate Consent Form issued for service upon Markwort Sporting Goods Company. (Attachments: # 1 Magistrate Consent Form) (P,G) (Entered: 08/11/2010)
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                                                                      Legal Document (Payment Possibly Required) 2 Filed: 8/11/2010, Entered: None
                                                                      Corporate Disclosure Statement filed by Unique Product Solutions, Limited. (Hrina, David) (Entered: 08/11/2010)
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                                                                        Legal Document (Payment Possibly Required) 1 Filed: 8/11/2010, Entered: None
                                                                        Complaint with jury demand against Markwort Sporting Goods Company. Filing fee paid $ 350, Receipt number 0647-4231180. Filed by Unique Product Solutions, Limited. (Attachments: # 1 Exhibit A - U.S. Patent 4,880,233, # 2 Exhibit B - Catalog, # 3 Exhibit C - U.S. Patent 4,755,948, # 4 Exhibit D - U.S. Patent 4,461,043, # 5 Exhibit E - U.S. Patent 4,128,238, # 6 Exhibit F - U.S. Patent 4,819,935, # 7 Exhibit G - Catalog, # 8 Exhibit H - U.S. Patent 4,867,451, # 9 Exhibit I - U.S. Patent 4,723,779, # 10 Exhibit J - U.S. Patent 5,000,447, # 11 Exhibit K - U.S. Patent D283,557, # 12 Exhibit L - U.S. Patent 4,887,811, # 13 Civil Cover Sheet, # 14 Summons) (Hrina, David) (Entered: 08/11/2010)
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