Orion IP, LLC. v. Home Depot USA, Inc. et al

Federal Civil Lawsuit Texas Eastern District Court, Case No. 2:05-cv-00306
District Judge Leonard Davis, presiding
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District Judge Leonard Davis
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Summary

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Parties
No Logo Orion IP, LLC, Plaintiff

Represented by Capshaw DeRieux, LLP

Name Phone Fax E-Mail
TERMINATED: 10/05/2005 Sidney Calvin Capshaw, III +1 903 233 4826 +1 903 236 8787 ccapshaw@capshawlaw.com
TERMINATED: 10/05/2005 Elizabeth L DeRieux +1 903 233 4826 +1 903 236 8787 ederieux@capshawlaw.com

Represented by Ireland Carroll & Kelley

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Otis W Carroll, Jr. +1 903 561 1600 +1 903 581 1071 Fedserv@icklaw.com

Represented by Jones & Jones - Marshall

Represented by Parker, Bunt & Ainsworth, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Christopher Bunt +1 903 531 3535 +1 903 533 9687 rcbunt@pbatyler.com

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James A Jorgensen +1 214 981 3302 +1 202 736 8711 jjorgensen@sidley.com
v.
No Logo Harley-davidson, Inc., Defendant

Represented by Collins Edmonds & Pogorzelski PLLC

Toyota Motor North America, Inc. Toyota Motor North America, Inc., Defendant
Officially listed as "Toyota Motor Sales, USA, Inc.,"

Represented by Lee Hong Degerman Kang & Waimey, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael G Oleinik +1 213 623 2221 moleinik@lhlaw.com

Represented by McDermott, Will & Emery, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marc E. Brown +1 310 277 4730 +1 310 277 4730 meb@mwe.com
ATTORNEY TO BE NOTICED Tiffany M Scurry +1 949 757 7190 +1 949 851 9348 tscurry@mwe.com

Represented by Oppenheimer Wolff & Donnelly, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Cynthia A Lock +1 310 788 5000 +1 310 788 5100
PRO HAC VICE, ATTORNEY TO BE NOTICED Mark Philip Wine +1 310 788 5000 +1 310 277 1297

Represented by The Heartfield Law Firm

Other Parties
No Logo Michael Philip Patterson, Mediator

Represented by Mike Patterson Mediation

Name Phone Fax E-Mail
Space Michael Philip Patterson +1 903 592 4433 mike@mikepattersonmediation.com
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 11/23/2005, Entered: None Court Filing
TRANSCRIPT of Scheduling Conference and Motion hearing held on October 4, 2005 before Judge Leonard Davis. Court Reporter: Shea Sloan. (ehs, ) (ehs, ). (Entered: 11/29/2005)
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Legal Document (Payment Possibly Required) 44 Filed: 11/21/2005, Entered: None Court Filing
ORDER DISMISSING CASE without prejudice. All claims dismissed, all attorneys' fees and costs are to be born by the party incurring them. This action is now dismissed. Signed by Judge Leonard Davis on 11/21/05. (ehs, ) (Entered: 11/22/2005)
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Legal Document (Payment Possibly Required) 43 Filed: 10/18/2005, Entered: None Motion to Dismiss
MOTION to Dismiss Defendant Harley-Davidson, Inc. by Orion IP, LLC.. (Williams, Danny) Additional attachment(s) added on 10/19/2005 (sm, ). (Entered: 10/18/2005)
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Blank 42 Filed: 10/7/2005, Entered: None Court Filing
ORDER granting 6 Motion to Dismiss. All allegations against Toyota in this case are dismissed. Signed by Judge Leonard Davis on 10/7/05. (ehs, ) (Entered: 10/07/2005)
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Legal Document (Payment Possibly Required) 41 Filed: 10/7/2005, Entered: None Court Filing
ORDER REFERRING CASE to Mediator. Michael Philip Patterson added as Mediator. Signed by Judge Leonard Davis on 10/7/05. (ehs, ) (Entered: 10/07/2005)
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Legal Document (Payment Possibly Required) 40 Filed: 10/5/2005, Entered: None Court Filing
ORDER that the deft's in 2:04cv313, 2:04cv418, 2:04cv449 and 2:05cv306 cases are to submit their Markman briefing no later than thirty days after the Court issues its Markman opinion in 2:04cv297. Signed by Judge Leonard Davis on 10/5/05. (ehs, ) (Entered: 10/05/2005)
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Legal Document (Payment Possibly Required) 39 Filed: 10/5/2005, Entered: None Court Filing
ORDER granting 33 Motion to defer consideration of motion to dismiss or stay. Parties to inform the Court within two weeks time whether motion is moot or should be considered. Signed by Judge Leonard Davis on 10/5/05. (ehs, ) (Entered: 10/05/2005)
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Legal Document (Payment Possibly Required) 38 Filed: 10/5/2005, Entered: None Court Filing
ORDER granting 36 Motion to Withdraw as Attorney. Attorney Sidney Calvin Capshaw, III and Elizabeth L DeRieux terminated . Signed by Judge Leonard Davis on 10/5/05. (ehs, ) (Entered: 10/05/2005)
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Legal Document (Payment Possibly Required) 37 Filed: 10/4/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge Leonard Davis : STATUS CONFERENCE & Motion Hearing re 33 Joint MOTION to Defer Consideration of Motion to Dismiss or Stay re 11 MOTION to Dismiss or Stay, 12 MOTION to Stay re 31 Notice of Rule 11 Agreement by Orion IP, LLC and filed by Harley-Davidson, Inc., 10 MOTION to Stay or Dismiss filed by Toyota Motor Sales, USA, Inc. 36 MOTION to Withdraw as Attorney (Brown McCarroll, LLP's Motion to Withdraw as Attorneys of Records for Plaintiff Orion IP, LLC) filed by Orion IP, LLC. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 10/04/2005)
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Legal Document (Payment Possibly Required) 36 Filed: 10/4/2005, Entered: None
MOTION to Withdraw as Attorney (Brown McCarroll, LLP's Motion to Withdraw as Attorneys of Records for Plaintiff Orion IP, LLC) by Orion IP, LLC.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 10/04/2005)
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Legal Document (Payment Possibly Required) 35 Filed: 10/3/2005, Entered: None
NOTICE of Attorney Appearance by James A Jorgensen on behalf of Orion IP, LLC. (Jorgensen, James) (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 34 Filed: 10/3/2005, Entered: None
FILED IN ERROR - PLEASE IGNORE, RE#35 - NOTICE of Attorney Appearance by Danny Lloyd Williams on behalf of Orion IP, LLC. (Williams, Danny) Modified on 10/4/2005 (sm, ). (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 33 Filed: 10/3/2005, Entered: None
Joint MOTION to Defer Consideration of Motion to Dismiss or Stay re 11 MOTION to Dismiss or Stay, 12 MOTION to Stay re 31 Notice of Rule 11 Agreement by Orion IP, LLC and by Harley-Davidson, Inc.. (Attachments: # 1 Text of Proposed Order Granting Agreed Motion to Defer Consideration of Motion to Dismiss or Stay)(Edmonds, John) (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 32 Filed: 9/30/2005, Entered: None
NOTICE by Harley-Davidson, Inc., Toyota Motor Sales, USA, Inc., Defendants' Joint Submission Concerning Coordination of the Above Captioned Cases [2:04cv297; 2:04cv313; 2:04cv449; 2:04cv418; 2:05cv306] (Gardner, Allen) (Entered: 09/30/2005)
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Legal Document (Payment Possibly Required) 31 Filed: 9/30/2005, Entered: None
NOTICE by Harley-Davidson, Inc. re 11 MOTION to Dismiss or Stay, 12 MOTION to Stay of Notice of Rule 11 Agreement and Agreed Motion to Defer Consideration of Motion to Dismiss or Stay (Attachments: # 1 Text of Proposed Order Granting Agreed Motion to Defer Consideration of Motion to Dismiss or Stay)(Edmonds, John) (Entered: 09/30/2005)
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Legal Document (Payment Possibly Required) 30 Filed: 9/26/2005, Entered: None
Consent MOTION for Extension of Time to File (Motion for Extension of Time for Plaintiff to File its Reply to Defendant Toyota's Response to Plaintiff's Motion to Compel Production of Documents and Deposition Testimony (DOC.227 AND 234)) by Orion IP, LLC.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 09/26/2005)
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Legal Document (Payment Possibly Required) 29 Filed: 9/26/2005, Entered: None Court Filing
ORDER Having recently acquired cases 2:04cv313, 2:04cv418, and 2:04cv449 from Judge Ward, the Court cancels the previously set Scheduling Conference on 9/27/05 and sets all five cases for status conference 10/4/05 at 1:30 p.m. in Judge Davis's courtroom at the Tyler Courthouse. Prior to attending the status conference, in the interests of the Court's and parties' economies, the parties are ORDERED to confer regarding the possibility of, and proposed dates related to, coordinating the cases for pretrial matters and/or for trial to the extent possible. Status Conference set for 10/4/2005 01:30 PM before Judge Leonard Davis. Signed by Judge Leonard Davis on 9/26/05. (mpv, ) (Entered: 09/26/2005)
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Legal Document (Payment Possibly Required) 28 Filed: 9/21/2005, Entered: None
RESPONSE in Opposition re 10 MOTION to Stay or Dismiss (Plaintiff Orion IP, LLC's Response to Harley-Davidson, Inc.'s Motion to Dismiss or Stay) filed by Orion IP, LLC.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 27 Filed: 9/20/2005, Entered: None Court Filing
ORDER granting 26 Motion for Extension of Time to File Response to deft's Harley-Davidson, Inc.'s motion to dismiss or stay Responses due by 9/26/2005. Signed by Judge Leonard Davis on 9/19/05. (ehs, ) (Entered: 09/20/2005)
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Legal Document (Payment Possibly Required) 26 Filed: 9/20/2005, Entered: None
Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss or Stay, 12 MOTION to Stay (Unopposed Motion for Extension of Time for Plaintiff to File its Response to Defendant Harley-Davidson, Inc.'s Motion to Dismiss or Stay (Doc. 11 and 12)) by Orion IP, LLC.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 09/20/2005)
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Legal Document (Payment Possibly Required) 25 Filed: 9/12/2005, Entered: None
RESPONSE to Motion re 10 MOTION to Stay or Dismiss (Plaintiff Orion IP, LLCs Sur-Reply Regarding Toyotas Motion To Dismiss Or Stay) filed by Orion IP, LLC.. (Attachments: # 1 Exhibit Exh A - 2005_U_S_Dist_Lexis_4586)(Williams, Danny) (Entered: 09/12/2005)
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Legal Document (Payment Possibly Required) 24 Filed: 9/2/2005, Entered: None
NOTICE of Attorney Appearance by Otis W Carroll, Jr on behalf of Orion IP, LLC. (Carroll, Otis) (Entered: 09/02/2005)
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Legal Document (Payment Possibly Required) 23 Filed: 9/1/2005, Entered: None
REPLY to Response to Motion re 10 MOTION to Stay or Dismiss, 6 MOTION to Dismiss or Stay filed by Toyota Motor Sales, USA, Inc.,. (Heartfield, J) (Entered: 09/01/2005)
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Legal Document (Payment Possibly Required) 22 Filed: 8/25/2005, Entered: None
RESPONSE to Motion re 10 MOTION to Stay or Dismiss, 6 MOTION to Dismiss or Stay filed by Orion IP, LLC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Bunt, Robert) (Entered: 08/25/2005)
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Legal Document (Payment Possibly Required) 21 Filed: 8/12/2005, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Cynthia A Lock for Toyota Motor Sales, USA, Inc.,. (ch, ) (Entered: 08/22/2005)
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Legal Document (Payment Possibly Required) 20 Filed: 8/12/2005, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Marc E Brown for Toyota Motor Sales, USA, Inc.,. (ch, ) (Entered: 08/22/2005)
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Legal Document (Payment Possibly Required) 19 Filed: 8/12/2005, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Mark P Wine for Toyota Motor Sales, USA, Inc.,. (ch, ) (Entered: 08/22/2005)
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Legal Document (Payment Possibly Required) 18 Filed: 8/12/2005, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Michael G Oleinik for Toyota Motor Sales, USA, Inc.,. (ch, ) (Entered: 08/22/2005)
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Legal Document (Payment Possibly Required) 17 Filed: 8/12/2005, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney Tiffany M Scurry for Toyota Motor Sales, USA, Inc.,. (ch, ) (Entered: 08/22/2005)
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Legal Document (Payment Possibly Required) 16 Filed: 8/19/2005, Entered: None
NOTICE of Attorney Appearance by Franklin Jones, Jr on behalf of Orion IP, LLC. (Jones, Franklin) (Entered: 08/19/2005)
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Legal Document (Payment Possibly Required) 15 Filed: 8/19/2005, Entered: None Court Filing
STIPULATION/ORDER extending deadlines as set forth herein. Signed by Judge Leonard Davis on 8/19/05. (ehs, ) (Entered: 08/19/2005)
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Legal Document (Payment Possibly Required) 14 Filed: 8/18/2005, Entered: None
STIPULATION extending due date for Orion to file its response to Toyota's Motion to Dismiss or Stay and Toyota to file its Reply to Orion's Response by Orion IP, LLC., Toyota Motor Sales, USA, Inc.,. (Bunt, Robert) (Entered: 08/18/2005)
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Legal Document (Payment Possibly Required) 13 Filed: 8/18/2005, Entered: None
NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Orion IP, LLC. (Bunt, Robert) (Entered: 08/18/2005)
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Legal Document (Payment Possibly Required) 12 Filed: 8/18/2005, Entered: None
MOTION to Stay by Harley-Davidson, Inc.. (Attachments: # 1 Order Granting Stay)(Edmonds, John) Modified on 8/18/2005 (fal, ). (Entered: 08/18/2005)
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Legal Document (Payment Possibly Required) 11 Filed: 8/17/2005, Entered: None Motion to Dismiss
MOTION to Dismiss by Harley-Davidson, Inc.. (Attachments: # 1Order Granting Dismissal)(Edmonds, John) Additional attachment(s) added on 8/18/2005 (fal, ). (Entered: 08/17/2005)
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Legal Document (Payment Possibly Required) 10 Filed: 8/4/2005, Entered: None
See also Documents #7, #8, and #9 for Exhibits.MOTION to Stay or Dismiss by Toyota Motor Sales, USA, Inc.,. (Attachments: # 1 Proposed Order)(Heartfield, J) Modified on 8/4/2005 (fal, ). (Entered: 08/04/2005)
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Legal Document (Payment Possibly Required) 9 Filed: 8/3/2005, Entered: None
Additional Attachments to Main Document: 6 MOTION to Dismiss and 10 MOTION to Stay. (Attachments: # 1 Exhibit E part 8 of 11# 2 Exhibit E part 9 of 11# 3 Exhibit E part 10 of 11# 4 Exhibit E part 11 of 11# 5 Exhibit F# 6 Exhibit G)(Heartfield, J) Modified on 8/4/2005 (fal, ). (Entered: 08/03/2005)
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Legal Document (Payment Possibly Required) 8 Filed: 8/3/2005, Entered: None
Additional Attachments to Main Document: 6 MOTION to Dismiss and 10 MOTION to Stay. (Attachments: # 1 Exhibit E part 2 of 11# 2 Exhibit E part 3 of 11# 3 Exhibit E part 4 of 11# 4 Exhibit E part 5 of 11# 5 Exhibit E part 6 of 11)(Heartfield, J) Modified on 8/4/2005 (fal, ). (Entered: 08/03/2005)
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Legal Document (Payment Possibly Required) 7 Filed: 8/3/2005, Entered: None
Additional Attachments to Main Document: 6 MOTION to Dismiss and 10 MOTION to Stay. (Attachments: # 1 Exhibit A part 1 of 2# 2 Exhibit A part 2 of 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Heartfield, J) Modified on 8/4/2005 (fal, ). (Entered: 08/03/2005)
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Blank 6 Filed: 8/3/2005, Entered: None Motion to Dismiss
MOTION to Dismiss or Stay by Toyota Motor Sales, USA, Inc.,. (Attachments: # 1 Proposed Order)(Heartfield, J) (Entered: 08/03/2005)
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Legal Document (Payment Possibly Required) 5 Filed: 8/1/2005, Entered: None Court Filing
ORDER granting 3 Motion to Dismiss Home Depot USA, Inc. without prejudice. All attorneys fees and costs are to be borne by the party incurring same . Signed by Judge Leonard Davis on 8/1/05. (ehs) (Entered: 08/01/2005)
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Legal Document (Payment Possibly Required) 4 Filed: 7/28/2005, Entered: None
Return of Personal Service Executed as toToyota Motor Sales, USA, Inc., on 7/15/2005, answer due: 8/4/2005. (ch, ) (Entered: 08/01/2005)
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Legal Document (Payment Possibly Required) 3 Filed: 7/28/2005, Entered: None Motion to Dismiss
MOTION to Dismiss Defendant Home Depot USA, Inc. by Orion IP, LLC.. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: 07/28/2005)
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Legal Document (Payment Possibly Required) 2 Filed: 7/8/2005, Entered: None
Form mailed to Commissioner of Patents and Trademarks. (ch, ) (Entered: 07/08/2005)
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Legal Document (Payment Possibly Required) 1 Filed: 7/7/2005, Entered: None
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT WITH JURY DEMAND against Home Depot USA, Inc., Harley-Davidson, Inc., Toyota Motor Sales, USA, Inc., (Filing fee $ 250.) , filed by Orion IP, LLC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit B Continues# 4 Civil Cover Sheet)(ch, ) (Entered: 07/08/2005)
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