The JM Smucker Company v. Lodsys LLC
Federal Civil Lawsuit Wisconsin Eastern District Court, Case No. 2:12-cv-00012
District Judge Charles N Clevert, Jr, presiding

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No Logo The J.m. Smucker Company, Plaintiff

Toggle Switch Represented by Rothwell, Figg, Ernst & Manbeck, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jenny Leigh Colgate +1 202 783 6040 +1 202 783 6031 jcolgate@rfem.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven M Lieberman +1 202 783 6040 +1 202 783 6031 slieberman@rfem.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian Rosenbloom +1 202 783 6040 +1 202 783 6031 brosenbloom@rfem.com

Toggle Switch Represented by Whyte Hirschboeck Dudek, SC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Eugenia G. Carter +1 608 234 6058 +1 608 258 7138 gcarter@whdlaw.com
v.
No Logo Lodsys, LLC, Defendant
Unknown Role, Lodsys Holdings, LLC

Toggle Switch Represented by Andrus, Sceales, Starke & Sawall, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ryann H. Beck +1 414 271 7590 +1 414 271 7550 rbeck@andruslaw.com

Toggle Switch Represented by Kelley Donion Gill Huck & Goldfarb PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher M. Huck +1 206 452 0260 +1 206 397 3062 huck@kdg-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kit W Roth +1 206 452 0260 +1 206 397 3062 roth@kdg-law.com

Toggle Switch Represented by Leydig Voit & Mayer, Ltd.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED TTAB Attorney Placeholder aarono@andruslaw.com
Citation Section 28 U.S.C. § 2201
Nature of Suit 830 - Property Rights: Patent
  Entries (37) Tab Overlap Calendar Events Tab Overlap Related (1) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 37 Filed: 5/31/2013, Entered: None
Report to the Commissioner of Patents and Trademarks (msc)
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    Legal Document (Payment Possibly Required) 36 Filed: 5/31/2013, Entered: None
    STIPULATION of Dismissal by The JM Smucker Company. (Carter, Eugenia)
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      Legal Document (Payment Possibly Required) 35 Filed: 5/1/2013, Entered: None
      REPORT of Rule 26(f) Plan by The JM Smucker Company. (Carter, Eugenia)
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        Legal Document (Payment Possibly Required) 34 Filed: 4/22/2013, Entered: None
        ANSWER to Counterclaim re 33 filed by The JM Smucker Company. (Carter, Eugenia)
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          Legal Document (Payment Possibly Required) 33 Filed: 3/27/2013, Entered: None
          ANSWER to 32 Amended Complaint, with Jury Demand , COUNTERCLAIM against Lodsys Group LLC filed by Lodsys Group LLC. by Lodsys Group LLC.(Olejniczak, Aaron)
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            Legal Document (Payment Possibly Required) 32 Filed: 3/13/2013, Entered: None
            AMENDED COMPLAINT (third) with Jury Demand against Lodsys LLC filed by The JM Smucker Company. (Attachments: # 1 Exhibit A - U.S. Patent No. 5999908, # 2 Exhibit B - U.S. Patent No. 7222078, # 3 Exhibit C - Letter from Lodsys LLC to The J.M. Smucker Company dated November 9, 2011)(Carter, Eugenia)
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              Legal Document (Payment Possibly Required) 31 Filed: 2/27/2013, Entered: None
              Joint MOTION for Extension of Time to File Amended Complaint by The JM Smucker Company. (Attachments: # 1 Text of Proposed Order)(Carter, Eugenia)
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                Legal Document (Payment Possibly Required) 30 Filed: 2/13/2013, Entered: None
                SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT with Jury Demand against Lodsys LLC filed by The JM Smucker Company.(kah) (Entered: 02/14/2013)
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                  Legal Document (Payment Possibly Required) 29 Filed: 2/13/2013, Entered: None Court Filing
                  NOTICE: TELEPHONIC SCHEDULING CONFERENCE is set for 5/8/13 at 3:00 PM before Judge Charles N Clevert Jr. Joint discovery plan is due 5/1/13. (Attachments: # 1 Case Management Procedures) (cc: all counsel)((cef), C. N. Clevert, Jr.)
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                    Blank 28 Filed: 2/13/2013, Entered: None
                    ORDER Granting Request for Leave to File Second Amended Complaint and Deeming Motion to Dismiss or for More Definite Statement 12 Withdrawn. The clerk is directed to detach the Second Amended Complaint for Declaratory Judgment (Exhibit F to Doc. 14) and file it in the record. Further ordering that Smucker's Motion for Summary Judgment 17 remains stayed until the court conducts a scheduling conference. (cc: all counsel) ((cef), C. N. Clevert, Jr.)
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                      Legal Document (Payment Possibly Required) 27 Filed: 7/31/2012, Entered: None
                      DECLARATION of Jenny Colgate . (Attachments: # 1 Exhibit A - Correspondence dated November 9, 2011, # 2 Exhibit B - Correspondene dated December 7, 2011)(Carter, Eugenia)
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                        Legal Document (Payment Possibly Required) 26 Filed: 7/31/2012, Entered: None
                        BRIEF in Opposition filed by The JM Smucker Company re 22 Rule 7(h) Expedited Non-Dispositive MOTION to Stay (Briefing and Consideration of Plaintiff's Motion for Summary Judgment) . (Carter, Eugenia)
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                          Legal Document (Payment Possibly Required) 25 Filed: 7/27/2012, Entered: None
                          BRIEF in Opposition filed by The JM Smucker Company re 23 Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time . (Carter, Eugenia)
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                            Legal Document (Payment Possibly Required) 24 Filed: 7/26/2012, Entered: None
                            DECLARATION of Christopher M. Huck . (Attachments: # 1 Exhibit A 7/25/2012 email exchange with Smucker counsel)(Beck, Ryann)
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                              Legal Document (Payment Possibly Required) 23 Filed: 7/26/2012, Entered: None
                              Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time by Lodsys LLC. (Attachments: # 1 Text of Proposed Order)(Beck, Ryann)
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                                Legal Document (Payment Possibly Required) 22 Filed: 7/24/2012, Entered: None
                                Rule 7(h) Expedited Non-Dispositive MOTION to Stay (Briefing and Consideration of Plaintiff's Motion for Summary Judgment) by Lodsys LLC. (Attachments: # 1 Text of Proposed Order (Granting Motion to Stay))(Olejniczak, Aaron)
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                                  Legal Document (Payment Possibly Required) 21 Filed: 7/17/2012, Entered: None
                                  DECLARATION of Jenny Colgate In Support of The J.M. Smucker Company's Motion for Summary Judgment. (Attachments: # 1 Exhibit A-Pages for the definitions of commodity, product and unit from Webster's Ninth New Collegiate Dictionary (1990), # 2 Exhibit B-Pages for the definitions of commodity, product and unit from The Random House Dictionary of English Language (1989), # 3 Exhibit C-Pages for the definition of commodity from The Penguin Dictionary of Economics (1992), # 4 Exhibit D-Pages for the definition of commodity from Routledge Dictionary of Economics (1992), # 5 Exhibit E-Pages for the definition of commodity from The New Palgrave - A Dictionary of Economics (1991), # 6 Exhibit F-Pages for the definition of commodity from The MIT DIctionary of Modern Economics (1986), # 7 Exhibit G-Pages for the definition of commodity from A Dictionary of Economics and Commerce (1969), # 8 Exhibit H-Pages for the definition of commodity from Everyman's Dictionary of Economics (1965), # 9 Exhibit I-Pages for the definition of commodity from A Dictionary of Economics (1962), # 10 Exhibit J-Sandra Card's article, TOC/DOC at Caltech: Evolution of Citation Access Online, # 11 Exhibit K-Claim chart comparing the disclosures of Sandra Card's article, # 12 Exhibit L-Subset of the plethora of publicly available articles availabie 1/4/12 describing Lodsys as a patent troll)(Carter, Eugenia)
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                                    Legal Document (Payment Possibly Required) 20 Filed: 7/17/2012, Entered: None
                                    DECLARATION of Chetan Bhargava In Support of The J.M. Smucker Company's Motion for Summary Judgment. (Carter, Eugenia)
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                                      Legal Document (Payment Possibly Required) 19 Filed: 7/17/2012, Entered: None
                                      STATEMENT OF FACT by The JM Smucker Company To Which The J.M. Smucker Company Contends There Is No Genuine Issue. (Carter, Eugenia)
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                                        Legal Document (Payment Possibly Required) 18 Filed: 7/17/2012, Entered: None
                                        BRIEF in Support filed by The JM Smucker Company re 17 MOTION for Summary Judgment . (Carter, Eugenia)
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                                          Legal Document (Payment Possibly Required) 17 Filed: 7/17/2012, Entered: None Motion for Summary Judgment
                                          MOTION for Summary Judgment by The JM Smucker Company. (Carter, Eugenia)
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                                            Legal Document (Payment Possibly Required) 16 Filed: 6/5/2012, Entered: None
                                            NOTICE of Change of Address by Aaron T Olejniczak (Olejniczak, Aaron)
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                                              Legal Document (Payment Possibly Required) 15 Filed: 5/16/2012, Entered: None
                                              REPLY BRIEF in Support filed by Lodsys LLC re 12 MOTION to Dismiss Under FRCP 12(b)(6) or in the Alternative MOTION for More Definite Statement Under FRCP 12(e) . (Olejniczak, Aaron)
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                                                Legal Document (Payment Possibly Required) 14 Filed: 5/2/2012, Entered: None
                                                BRIEF in Opposition filed by The JM Smucker Company re 12 MOTION to Dismiss Under FRCP 12(b)(6) or in the Alternative MOTION for More Definite Statement Under FRCP 12(e) . (Attachments: # 1 Exhibit A - Transcript, # 2 Exhibit B - Prior Art, # 3 Exhibit C - Prior Art, # 4 Exhibit D - Teirstein v. AGA Med. Corp, # 5 Exhibit E - Elan Pharma Intl Ltd. v. Lupin Ltd., # 6 Exhibit F - Proposed Second Amended Complaint)(Carter, Eugenia)
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                                                  Legal Document (Payment Possibly Required) 13 Filed: 4/16/2012, Entered: None
                                                  BRIEF in Support filed by Lodsys LLC re 12 MOTION to Dismiss Under FRCP 12(b)(6) or in the Alternative MOTION for More Definite Statement Under FRCP 12(e) . (Olejniczak, Aaron)
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                                                    Legal Document (Payment Possibly Required) 12 Filed: 4/16/2012, Entered: None Motion to Dismiss
                                                    MOTION to Dismiss Under FRCP 12(b)(6) or in the Alternative, MOTION for More Definite Statement Under FRCP 12(e) by Lodsys LLC. (Attachments: # 1 Text of Proposed Order)(Olejniczak, Aaron)
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                                                      Legal Document (Payment Possibly Required) 11 Filed: 3/19/2012, Entered: None
                                                      Unopposed MOTION for Extension of Time to File Answer by Lodsys LLC. (Attachments: # 1 Text of Proposed Order)(Olejniczak, Aaron)
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                                                        Legal Document (Payment Possibly Required) 10 Filed: 3/16/2012, Entered: None
                                                        AMENDED COMPLAINT with Jury Demand against Lodsys LLC filed by The JM Smucker Company. (Attachments: # 1 Exhibit A - US Patent No 5999908, # 2 Exhibit B - US Patent No 7222078, # 3 Exhibit C - Letter from Lodsys LLC to The J M SmuckerCompany dated November 9 2011)(Carter, Eugenia)
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                                                          Legal Document (Payment Possibly Required) 9 Filed: 2/27/2012, Entered: None
                                                          Second MOTION for Extension of Time to File Answer (Unopposed) by Lodsys LLC. (Attachments: # 1 Text of Proposed Order)(Olejniczak, Aaron)
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                                                            Legal Document (Payment Possibly Required) 8 Filed: 1/31/2012, Entered: None Court Filing
                                                            Refusal to Jurisdiction by US Magistrate Judge by Lodsys LLC. (Olejniczak, Aaron)
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                                                              Legal Document 7 Filed: 1/31/2012, Entered: None
                                                              DISCLOSURE Statement by Lodsys LLC. (Olejniczak, Aaron)
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                                                                Legal Document (Payment Possibly Required) 6 Filed: 1/25/2012, Entered: None
                                                                MOTION for Extension of Time to File Answer (Unopposed) by Lodsys LLC. (Attachments: # 1 Text of Proposed Order)(Olejniczak, Aaron)
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                                                                  Legal Document (Payment Possibly Required) 5 Filed: 1/25/2012, Entered: None Court Filing
                                                                  Refusal to Jurisdiction by US Magistrate Judge by The JM Smucker Company. (Carter, Eugenia)
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                                                                    Legal Document (Payment Possibly Required) 4 Filed: 1/10/2012, Entered: None
                                                                    SUMMONS Returned Executed by The JM Smucker Company. Lodsys LLC served on 1/6/2012, answer due 1/27/2012. (Carter, Eugenia)
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                                                                      Legal Document (Payment Possibly Required) 3 Filed: 1/4/2012, Entered: None
                                                                      Report to the Commissioner of Patents and Trademarks (kah)
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                                                                        Legal Document (Payment Possibly Required) 2 Filed: 1/4/2012, Entered: None
                                                                        DISCLOSURE Statement by The JM Smucker Company. (Carter, Eugenia)
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                                                                          Legal Document (Payment Possibly Required) 1 Filed: 1/4/2012, Entered: None
                                                                          COMPLAINT with Jury Demand; against Lodsys LLC by The JM Smucker Company. ( Filing Fee PAID $350 receipt number 0757-1414096) (Attachments: # 1 Exhibit A - Patent #5,999,908, # 2 Exhibit B - Patent #7,133,834, # 3 Exhibit C - Patent #7,222,078, # 4 Exhibit D - Patent #7,620,565, # 5 Exhibit E - Letter dated 11/9/11, # 6 Summons, # 7 Civil Cover Sheet)(Carter, Eugenia)
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