K-fee System GmbH v. Nespresso USA, Inc. et al

2:21-cv-03402 | California Central District Court

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Division Los Angeles (Western Division)
Judge Judge George H Wu
Filed April 21, 2021
Case Flags ACCO, (AGRx), AO120, CONSOLTR, DISCOVERY, MANADR, PPP, PROTORD, and REOPENED
Magistrate Magistrate Judge Alicia G. Rosenberg
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
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10 Days
  • 4/1/2025
Jury Trial set for 4/1/2025 09:00 AM before Judge George H Wu.
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3 Months
  • 7/2/2025
with a joint status report to be filed by noon on July 2, 2025.
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3 Months
  • 7/7/2025
Status Conference October 10, 2024 8:30 a.m. Status Conference July 7, 2025 8:30 a.m. Final Pretrial Conference August 7, 2025 a.m. Jury Trial August 19, 2025 9:00 a.m. (See document for additional deadlines).
The Court sets a status conference re PTAB decision for July 7, 2025 at 8:30 a.m.
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4 Months
  • 8/7/2025
Status Conference October 10, 2024 8:30 a.m. Status Conference July 7, 2025 8:30 a.m. Final Pretrial Conference August 7, 2025 a.m. Jury Trial August 19, 2025 9:00 a.m. (See document for additional deadlines).
The Court sets the following in those matters: Pretrial Conference August 7, 2025 at 8:30 a.m. Jury Trial August 19, 2025 at 9:00 a.m. The Court sets a status conference for October 10, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on October 7, 2024.
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4 Months
  • 8/19/2025
Status Conference October 10, 2024 8:30 a.m. Status Conference July 7, 2025 8:30 a.m. Final Pretrial Conference August 7, 2025 a.m. Jury Trial August 19, 2025 9:00 a.m. (See document for additional deadlines).
The Court sets the following in those matters: Pretrial Conference August 7, 2025 at 8:30 a.m. Jury Trial August 19, 2025 at 9:00 a.m. The Court sets a status conference for October 10, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on October 7, 2024.
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Filing Date # Docket Text
3/12/2025Sealed Declaration in Support
3/12/2025Leave to File Document Under Seal
3/12/2025Reply (Motion related)
3/11/2025Sealed Document
3/10/2025Leave to File Document Under Seal
3/6/2025Sealed Declaration in Support
3/6/2025Leave to File Document Under Seal
3/6/2025Reply (Motion related)
3/3/2025Substitute Attorney
3/1/2025Sealed Declaration in Support
3/1/2025Leave to File Document Under Seal
3/1/2025Response in Opposition to Motion
2/27/2025Response in Opposition to Motion
2/26/2025Substitute Attorney (G-01)
2/18/2025Leave
2/18/2025Declaration (Motion related)
2/10/2025Response By Court to Notice of Deficiencies (G-112B) - optional html form
2/10/2025Deficiency in Filed Documents (G-112A) - optional html form
2/8/2025Miscellaneous Document
2/8/2025Sealed Declaration in Support
2/8/2025Leave to File Document Under Seal
2/8/2025Compel
1/30/2025Order
1/29/2025Leave
1/29/2025Notice of Filing Transcript
1/29/2025-Transcript
1/27/2025-Transcript
1/27/2025-Transcript Order Form (G-120)
1/27/2025Appear Pro Hac Vice
1/25/2025Appear Pro Hac Vice (G-64)
1/24/2025-Transcript Order Form (G-120)
1/23/2025Telephone Conference, ~Util - Set/Reset Motion Hearing and R&R Deadlines, For Order re Discovery Matter
1/22/2025Appear Pro Hac Vice
1/22/2025Order re Discovery Matter
1/21/2025Text Only Scheduling Notice
1/21/2025Appear Pro Hac Vice (G-64)
1/3/2025Minutes of In Chambers Order/Directive - no proceeding held
12/29/2024Notice of Filing Transcript
12/29/2024-Transcript
11/8/2024Brief (non-motion non-appeal)
11/8/2024Brief (non-motion non-appeal)
9/20/2024Sealed Document
9/20/2024Leave to File Document Under Seal
9/20/2024Non-Opposition to Motion
9/19/2024Sealed Declaration in Support
9/19/2024Leave to File Document Under Seal
9/19/2024Leave
8/7/2024ORDER by Judge George H Wu. AND NOW, this 7th day of August 2024, upon consideration of the parties' Joint Stipulation regarding proposed deadlines in the timetable set forth in attached Exhibit A for the above-referenced consolidated action, IT IS HEREBY ORDERED that said Stipulation is GRANTED. Status Conference October 10, 2024 8:30 a.m. Status Conference July 7, 2025 8:30 a.m. Final Pretrial Conference August 7, 2025 a.m. Jury Trial August 19, 2025 9:00 a.m. (See document for additional deadlines). RE: STIPULATION for Order regarding proposed case deadlines 312 . (aco) (Entered: 08/08/2024)
8/7/2024 STIPULATION for Order regarding proposed case deadlines filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Carsten, Douglas) (Entered: 08/07/2024)
7/8/2024LETTER ROGATORY ISSUED signed by Magistrate Judge Alicia G. Rosenberg. (hr) (Entered: 07/08/2024)
7/8/2024ORDER by Magistrate Judge Alicia G. Rosenberg: granting 296 MOTION for Issuance of Letter of Request for International Judicial Assistance. (see document for details) (hr) (Entered: 07/08/2024)
7/3/2024309SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the court's own motion, the video hearing re: K-FEE SYSTEM GMBH'S UNOPPOSED NOTICE OF MOTION AND MOTION FOR ISSUANCE OF A REQUEST FOR JUDICIAL ASSISTANCE (LETTER OF REQUEST) UNDER THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS (Dkts. 296 & 297) scheduled for Tuesday, July 9, 2024 at 10:00 a.m. PT is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 07/03/2024)
7/1/2024 MINUTES OF NESPRESSO USA, INC.'S MOTION TO CONSOLIDATE 293 Hearing held before Judge George H Wu. The Court's Tentative Ruling on Defendant's Motion 293 was issued on July 1, 2024 307 . Court and counsel confer. The Tentative Ruling is adopted as the Court's Final Ruling. Defendant's Motion is GRANTED as follows. The Court consolidates this action with K-fee System GmbH v. Nespresso USA, Inc., CV 22-525-GW-AGRx and Nespresso USA, Inc. v. K-fee System GmbH, CV 22-9295-GW-AGRx, for trial purposes. Counsel are directed to make all future filings in the CV 21-3402-GW-AGRx, which will be the lead case. The Clerk's Office is directed to add the parties and counsel in CV 21-3402-GWAGRx. The Court sets the following in those matters: Pretrial Conference August 7, 2025 at 8:30 a.m. Jury Trial August 19, 2025 at 9:00 a.m. The Court sets a status conference for October 10, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on October 7, 2024. The Court sets a status conference re PTAB decision for July 7, 2025 at 8:30 a.m., with a joint status report to be filed by noon on July 2, 2025. The parties will meet and confer, and submit a stipulation as to remaining deadlines and hearing dates.; granting 293 MOTION to Consolidate Cases, as to 2:21-cv-3402; 2:22-cv-00525; 2:22-cv-9295. Court Reporter: Terri A. Hourigan. (aco) (Entered: 07/01/2024)
7/1/2024MINUTE ORDER - IN CHAMBERS by Judge George H Wu: Attached is the Courts Tentative Ruling on Defendants Motion 293 set for hearing on July 1, 2024 at 8:30 a.m. (jag) (Entered: 07/01/2024)
6/27/2024306TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: Counsel may appear telephonically for the MOTION HEARING 293 set on Monday, July 1, 2024 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 06/27/2024)
6/26/2024ORDER by Judge George H Wu. DENIED BY ORDER OF THE COURT.; denying 302 REQUEST for Leave to file Sur-Reply regarding Nespresso's Motion to Consolidate (Dkt. 293). (aco) (Entered: 06/27/2024)
6/26/2024 OPPOSITION to re: REQUEST for Leave to file Sur-Reply regarding Nespresso's Motion to Consolidate (Dkt. 293) 302 filed by Defendant Nespresso USA, Inc.. (Ranney, Christine) (Entered: 06/26/2024)
6/25/2024Notice of Supplemental Authority filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Carsten, Douglas) (Entered: 06/25/2024)
6/25/2024 REQUEST for Leave to file Sur-Reply regarding Nespresso's Motion to Consolidate (Dkt. 293) filed by Plaintiff K-fee System GmbH. Request set for hearing on 7/29/2024 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Proposed Order) (Carsten, Douglas) (Entered: 06/25/2024)
6/17/2024REPLY in support of NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-3402; 2:22-cv-00525; 2:22-cv-9295, 293 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Reply Decl. of C. Ranney, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11)(Ranney, Christine) (Entered: 06/17/2024)
6/10/2024MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-3402; 2:22-cv-00525; 2:22-cv-9295, 293 filed by Plaintiff K-fee System GmbH. (Carsten, Douglas) (Entered: 06/10/2024)
6/5/2024299NOTICE OF FILING TRANSCRIPT filed for proceedings 3/25/2024 8:30 a.m. re Transcript 298 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 06/05/2024)
6/5/2024TRANSCRIPT for proceedings held on 3/25/2024 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/26/2024. Redacted Transcript Deadline set for 7/8/2024. Release of Transcript Restriction set for 9/3/2024. (Hourigan, Terri) (Entered: 06/05/2024)
6/5/2024297SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the court's own motion, the hearing re: K-FEE SYSTEM GMBH'S UNOPPOSED NOTICE OF MOTION AND MOTION FOR ISSUANCE OF A REQUEST FOR JUDICIAL ASSISTANCE (LETTER OF REQUEST) UNDER THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS (Dkt. 296 ) scheduled for Tuesday, July 9, 2024 at 10:00 a.m. PT will be held by video using Zoom Webinar. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 06/05/2024)
6/5/2024 NOTICE OF MOTION AND MOTION for Issuance of Letter of Request for International Judicial Assistance filed by Plaintiff K-fee System GmbH. Motion set for hearing on 7/9/2024 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Proposed Order, # 2 Carsten Declaration, # 3 Exhibit 1, # 4 Exhibit 2) (Carsten, Douglas) (Entered: 06/05/2024)
6/4/2024RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION for Issuance of a Letter of Request for International Judicial Assistance 292 by Judge George H Wu. Docket No. 292 is stricken for the reason(s) stated in the Notice 294 filed on June 3, 2024. The Motion is referred to Judge Rosenberg for her determination.. (aco) (Entered: 06/04/2024)
6/3/2024NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: NOTICE OF MOTION AND MOTION for Issuance of a Letter of Request for International Judicial Assistance 292 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. The motion and hearing should be set before the Magistrate Judge. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) (Entered: 06/03/2024)
5/31/2024 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:21-cv-3402; 2:22-cv-00525; 2:22-cv-9295, filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 7/1/2024 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Memo of Points and Authorites, # 2 Decl. of C. Ranney, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Proposed Order) (Ranney, Christine) (Entered: 05/31/2024)
5/31/2024[DOCUMENT STRICKEN PER ORDER ON 06/04/2024, SEE DOC NO. 295] NOTICE OF MOTION AND MOTION for Issuance of a Letter of Request for International Judicial Assistance filed by Plaintiff K-fee System GmbH. Motion set for hearing on 7/1/2024 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Proposed Order, # 2 Carsten Declaration, # 3 Exhibit 1, # 4 Exhibit 2) (Carsten, Douglas) Modified on 6/4/2024 (aco). (Entered: 05/31/2024)
4/24/2024ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE 289 by Judge George H Wu. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel. Granting 289 Non-Resident Attorney Kavya Rallabhandi (rolm) (Entered: 04/25/2024)
4/23/2024ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H Wu. APPLICATION of Attorney Joshua Revilla to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel is GRANTED.; granting 288 Non-Resident Attorney Joshua Revilla. (aco) (Entered: 04/24/2024)
4/23/2024 APPLICATION of Non-Resident Attorney Kavya Rallabhandi to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37337792) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Pappas, Katherine) (Entered: 04/23/2024)
4/22/2024 APPLICATION of Non-Resident Attorney Joshua Revilla to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37332288) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Pappas, Katherine) (Entered: 04/22/2024)
4/18/2024ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H Wu. APPLICATION of Attorney Mark N Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc., designating Andrew Philip Blythe as local counsel is GRANTED.; granting 285 Non-Resident Attorney Mark N Reiter (aco) Modified on 4/18/2024 (aco). (Entered: 04/18/2024)
4/18/2024RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37296955) 283 by Judge George H Wu. Docket No. 283 is stricken for the reason(s) stated in the Notice 284 filed on April 18, 2024. (See document for further details). (aco) (Entered: 04/18/2024)
4/18/2024 APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/16/2024, Receipt No. ACACDC-37296955) filed by Defendant and Counter Claimant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order) (Attorney Andrew Philip Blythe added to party Nespresso USA, Inc.(pty:cc), Attorney Andrew Philip Blythe added to party Nespresso USA, Inc.(pty:dft)) (Blythe, Andrew) (Entered: 04/18/2024)
4/18/2024NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37296955) 283 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business. (ak) (Entered: 04/18/2024)
4/16/2024[DOCUMENT STRICKEN PER ORDER ON 04/18/2024, SEE DOC NO. 286] APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37296955) filed by Defendant and Counter Claimant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order) (Hsin, Yu-Chieh) Modified on 4/18/2024 (aco). (Entered: 04/16/2024)
3/27/2024ORDER IN CHAMBERS- SCHEDULING ORDER by Judge George H Wu. Discovery cut-off 8/23/2024. Exhibit List due by 1/30/2025. Witness List due by 1/30/2025. Motions due by 1/13/2025. Motions in Limine to be filed by 1/30/2025. Last date to conduct settlement conference is 10/28/2024. Final Pretrial Conference set for 3/20/2025 08:30 AM before Judge George H Wu., Jury Trial set for 4/1/2025 09:00 AM before Judge George H Wu. Status Conference set for 10/31/2024 08:30 AM before Judge George H Wu. (Made JS-5, Case reopened) (rolm) (Entered: 03/28/2024)
3/25/2024 MINUTES OF Telephonic Conference held before Judge George H Wu. Court and counsel confer. A scheduling order is to issue later this week. Court Reporter: Terri A. Hourigan. (rolm) (Entered: 03/26/2024)
3/20/2024Joint Status Report filed by Plaintiff K-fee System GmbH (Attachments: # 1 Exhibit A)(Carsten, Douglas) (Entered: 03/20/2024)
3/20/2024279TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: Counsel may appear telephonically for the STATUS CONFERENCE set on Monday, March 25, 2024 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/20/2024)
3/12/2024278TEXT-ONLY ENTRY: IN CHAMBERS by Judge George H Wu: The STATUS CONFERENCE previously scheduled for 04/22/2024 is advanced to March 25, 2024 at 8:30 a.m. before Judge George H Wu. The parties are to file a joint report on further proceedings in this matter by March 20, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/12/2024)
3/7/2024MANDATE of Federal Circuit Court of Appeals filed, re: NOTICE OF APPEAL to the Federal Circuit Court of Appeals CCA # 2022-2042 228 . In accordance with the judgment of this Court, entered December 26, 2023, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. [See JUDGMENT 272 REVERSED AND REMANDED](mat) (Entered: 03/08/2024)
2/29/2024ORDER from Federal Circuit Court of Appeals filed. CCA # 2022-2042. Nespresso USA, Inc. filed a combined petition for panel rehearing and rehearing en banc. The petition was referred to the panel that heard the appeal, and thereafter the petition was referred to the circuit judges who are in regular active service. Upon consideration thereof, IT IS ORDERED THAT: The petition for panel rehearing is denied. The petition for rehearing en banc is denied. The mandate of the court will issue March 7, 2024. (mat) (Entered: 03/04/2024)
2/29/2024Notice of Supplemental Authority filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A)(Carsten, Douglas) (Entered: 02/29/2024)
1/17/2024MINUTES IN CHAMBERS - ORDER by Judge George H Wu. The Court GRANTS a temporary stay in all of the K-fee actions pending resolution of Plaintiff's anticipated petition for rehearing in the K-fee I matter. The Court sets a status conference for April 22, 2024 at 8:30 a.m. The parties are to file a joint status report by April 17, 2024. (aco) (Entered: 01/17/2024)
1/3/2024MINUTES IN CHAMBERS - Order Following the Decision in K-fee System GmbH v. Nespresso USA, Inc., F.4th, 2023 WL 8882383 (Fed. Cir. Dec. 26, 2023) by Judge George H Wu. The Court sets a status conference regarding the above matters on January 22, 2024 at 8:30 a.m. The parties are to submit a joint status report covering the referenced topics by noon on January 18, 2024. (See document for further details). (aco) (Entered: 01/03/2024)
12/26/2023JUDGMENT from Federal Circuit Court of Appeals filed. CCA # 2022-2042. THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: REVERSED AND REMANDED (mat) (Entered: 12/27/2023)
12/22/2023OPINION from Federal Circuit Court of Appeals filed. CCA # 2022-2042. We have considered Nespressos other arguments, and we find them unpersuasive. For the foregoing reasons, we reverse the district courts claim construction of barcode and its summary-judgment determination. We remand for further proceedings consistent with this opinion. Costs awarded to K-fee. REVERSED AND REMANDED (mat) (Entered: 12/27/2023)
11/4/2022BILL OF COSTS. Costs Taxed in the amount of $2,622.36 in favor of Defendants, Nespresso USA and against Plaintiffs, K-fee System (rmo) (Entered: 11/04/2022)
9/22/2022ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge George H. Wu: granting 268 Request to Substitute Attorney. (rolm) (Entered: 09/22/2022)
9/19/2022 REQUEST TO WITHDRAW ATTORNEY Yuri Mikulka, Theodore Stevenson, Caleb J. Bean, Shaleen J. Patel, Wade G. Perrin as counsel of record filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 09/19/2022)
8/31/2022AMENDED MINUTES IN CHAMBERS - RULING ON NESPRESSO USA, INC.'S MOTION FOR AWARD OF ATTORNEYS' FEES AND NON-TAXABLE COSTS 225 by Judge George H. Wu. Attached hereto is the Court's (Redacted) Tentative Ruling on Motion for Award of Attorneys' Fees 225 . The Court adopts the Tentative Ruling as its Final ruling. The Court DENIES the Motion. The September 1 hearing is vacated and taken off-calendar. RE: Order on Motion for Attorney Fees, 266 . (Made JS-6. Case Terminated.) (aco) (Entered: 08/31/2022)
8/31/2022MINUTES IN CHAMBERS - RULING ON NESPRESSO USA, INC.'S MOTION FOR AWARD OF ATTORNEYS' FEES AND NON-TAXABLE COSTS 225 by Judge George H. Wu. Attached hereto is the Court's (Redacted) Ruling on Motion for Award of Attorneys' Fees 225 . The Court DENIES the Motion. The September 1 hearing is vacated and taken off-calendar.; denying 225 MOTION for Attorney Fees. (aco) (Entered: 08/31/2022)
8/30/2022265TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 09/01/2022 Motion Hearing 225 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 08/30/2022)
8/29/2022SEALED - MINUTES OF TELEPHONIC HEARING ON NESPRESSO USA, INC.'S MOTION FOR AWARD OF ATTORNEYS' FEES AND NON-TAXABLE COSTS 225 (bm) (Entered: 08/29/2022)
8/25/2022263TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 08/29/2022 Motion Hearing 225 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 08/25/2022)
8/22/2022SEALED DOCUMENT re Order on Motion for Leave to File Document Under Seal, 261 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 SEALED Declaration of M. Meyer)(Barsky, Wayne) (Entered: 08/22/2022)
8/16/2022ORDER GRANTING NESPRESSO USA, INC.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. It is hereby ORDERED that Nespresso's Application for Leave to File Under Seal is GRANTED in its entirety.; granting 255 APPLICATION to file document under seal. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 08/17/2022)
8/15/2022ORDER GRANTING PLAINTIFF K-FEE'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. It is hereby ORDERED that K-fee's Application for Leave to File Under Seal is GRANTED in its entirety.; granting 252 APPLICATION to file document under seal. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 08/16/2022)
8/15/2022259NOTICE OF FILING TRANSCRIPT filed for proceedings 4/14/2022 & 5/16/2022 re Transcript 258 , 257 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY (Entered: 08/16/2022)
8/15/2022TRANSCRIPT for proceedings held on 5/16/2022. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (aa) (Entered: 08/16/2022)
8/15/2022TRANSCRIPT for proceedings held on 4/14/2022. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (aa) (Entered: 08/16/2022)
8/15/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 255 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Unredacted Reply ISO Motion for Attorneys Fees, # 2 Unredacted Decl. of M. Meyer, # 3 Certificate of Service)(Barsky, Wayne) (Entered: 08/15/2022)
8/15/2022 APPLICATION to file document under seal filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Redacted Nespresso's Reply ISO Motion for Attorneys Fees, # 2 Redacted Decl. of M. Meyer, # 3 Proposed Order)(Barsky, Wayne) (Entered: 08/15/2022)
8/15/2022REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs 225 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Redacted Decl. of M. Meyer)(Barsky, Wayne) (Entered: 08/15/2022)
8/12/2022SEALED DOCUMENT K-fee System GmbH's Opposition to Nespresso's Motion for Award of Attorneys' Fees and Non-Taxable Costs re Objection/Opposition (Motion related),,, 251 , Order on Motion for Leave to File Document Under Seal, 246 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Martin Frohlich, # 2 Exhibit 1 ISO Declaration of Martin Frohlich, # 3 Exhibit 4 ISO Declaration of Yuri Mikulka)(Mikulka, Yuri) (Entered: 08/12/2022)
8/12/2022 APPLICATION to file document under seal filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Redacted Document K-fee System GmbH's Opposition to Nespresso's Motion for Award of Attorneys' Fees and Non-Taxable Costs (proposed to be filed under seal), # 2 Declaration of Martin Frohlich (proposed to be filed under seal), # 3 Exhibit 1 ISO Declaration of Martin Frohlich (proposed to be filed under seal), # 4 Exhibit Exhibit 2 ISO Declaration of Yuri Mikulka (proposed to be filed under seal), # 5 Proposed Order)(Mikulka, Yuri) (Entered: 08/12/2022)
8/12/2022 OPPOSITION re: NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs 225 REDACTED K-fee System GmbH's Opposition to Nespresso's Motion for Award of Attorneys' Fees and Non-Taxable Costs (proposed to be filed under seal) filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Martin Frohlich (proposed to be filed under seal), # 2 Exhibit 1 ISO Declaration of Martin Frohlich (proposed to be filed under seal), # 3 Declaration of Yuri Mikulka, # 4 Exhibit 2 ISO Declaration of Yuri Mikulka, # 5 Exhibit 3 ISO Declaration of Yuri Mikulka, # 6 Exhibit 4 ISO Declaration of Yuri Mikulka (proposed to be filed under seal))(Mikulka, Yuri) (Entered: 08/12/2022)
8/10/2022AMENDED ORDER by Judge George H. Wu. It is hereby ORDERED that Nespresso's Application for Leave to File Under Seal is GRANTED in its entirety. It is further ORDERED that Dkts. 243 and 244 are to be placed under seal. The following document will be filed under seal by counsel: Exhibit 1 to the Declaration of Christine Ranney in Support of Nespresso USA, Inc.'s Application for Leave to File Confidential Information Under Seal. RE: Order on Motion for Leave to File Document Under Seal, 249 . (aco) (Entered: 08/11/2022)
8/10/2022ORDER GRANTING NESPRESSO USA, INC.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. Accordingly, it is hereby ORDERED that Nespresso's Application for Leave to File Under Seal is GRANTED in its entirety. It is further ORDERED that Dkts. 243 & 244-1 are to be removed from the public record and to be replaced with the following document: Exhibit 1 to the Declaration of Christine Ranney in Support of Nespresso USA, Inc.'s Application for Leave to File Confidential Information Under Seal.; granting 247 APPLICATION to Seal Document . (aco) (Entered: 08/11/2022)
8/10/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 247 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Certificate of Service)(Barsky, Wayne) (Entered: 08/10/2022)
8/10/2022 APPLICATION to file document under seal filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 REDACTED Exhibit 1, # 2 [Proposed] Order)(Barsky, Wayne) (Entered: 08/10/2022)
8/5/2022ORDER GRANTING PLAINTIFF K-FEES APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL 244 by Judge George H. Wu. Accordingly, it is hereby ORDERED that K-fees Application for Leave to File Under Seal is GRANTED in its entirety. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 08/08/2022)
8/4/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 244 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Unredacted Document K-fee System GmbH's Opposition to Nespresso's Motion for Award of Attorneys' Fees and Non-Taxable Costs (proposed to be filed under seal), # 2 Unredacted Document Declaration of Martin Frohlich (proposed to be filed under seal), # 3 Exhibit 1 ISO Declaration of Martin Frohlich (proposed to be filed under seal), # 4 Exhibit Exhibit 2 ISO Declaration of Yuri Mikulka (proposed to be filed under seal))(Mikulka, Yuri) (Entered: 08/04/2022)
8/1/2022242NOTICE OF FILING TRANSCRIPT filed for proceedings 5/2/2022 8:30 a.m. re Transcript 241 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 08/01/2022)
8/1/2022TRANSCRIPT for proceedings held on 5/2/2022 8:30 A.M.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/22/2022. Redacted Transcript Deadline set for 9/1/2022. Release of Transcript Restriction set for 10/31/2022. (Hourigan, Terri) (Entered: 08/01/2022)
7/28/2022TRANSCRIPT ORDER re: Court of Appeals case number 2022-2042, as to Plaintiff K-fee System GmbH for Court Reporter. Court will contact Allison Rolenaitis at arolenaitis@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Pappas, Katherine) (Entered: 07/28/2022)
7/28/2022TRANSCRIPT ORDER re: Court of Appeals case number 2022-2042, as to Plaintiff K-fee System GmbH for Court Smart (CS). Court will contact Allison Rolenaitis at arolenaitis@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Pappas, Katherine) (Entered: 07/28/2022)
7/28/2022TRANSCRIPT ORDER re: Court of Appeals case number 2022-2042, as to Plaintiff K-fee System GmbH for Court Smart (CS). Court will contact Allison Rolenaitis at arolenaitis@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Pappas, Katherine) (Entered: 07/28/2022)
7/26/2022 OBJECTIONS re: APPLICATION to the Clerk to Tax Costs against Plaintiff K-fee System GmbH 226 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 07/26/2022)
7/26/2022ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel.; granting 235 Non-Resident Attorney Ian B. Brooks. (aco) (Entered: 07/26/2022)
7/25/2022 APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500.00 Previously Paid on 7/20/2022, Receipt No. 33664873) filed by Plaintiff, Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) (Entered: 07/25/2022)
7/21/2022ORDER GRANTING JOINT STIPULATION REGARDING CONTINUANCE OF HEARING ON DEFENDANT NESPRESSO USA INC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND NONTAXABLE COSTS by Judge George H. Wu. It is therefore ORDERED that: 1. The hearing on the Motion for Award of Attorneys' Fees and Non- Taxable Costs (Dkt. No. 225) ("Motion") is continued to August 29, 2022 at 8:30 a.m. 2. Plaintiff shall file its opposition to the Motion on August 4, 2022, and Defendant shall file its reply on August 15, 2022. RE: Stipulation to Continue, 229 . (aco) (Entered: 07/21/2022)
7/21/2022RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge George H. Wu. Docket No. 231 is stricken for the reason(s) stated in the Notice 232 filed on July 21, 2022. Pursuant to L.R. 5-4.4.2, email the proposed order in either Word or WordPerfect to Judge Wu's email address at GW_chambers@cacd.uscourts.gov. RE: APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33664873) 231 (aco) (Entered: 07/21/2022)
7/21/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33664873) 231 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) (Entered: 07/21/2022)
7/20/2022[DOCUMENT STRICKEN PER ORDER ON 07/21/2022, SEE DOCKET NO. 233] APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33664873) filed by Plaintiff, Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) Modified on 7/21/2022 (aco). (Entered: 07/20/2022)
7/19/2022NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 2022-2042 assigned to Notice of Appeal to Federal Circuit Court of Appeals, 228 as to Plaintiff and Counter-Defendant K-fee System GmbH. (car) (Entered: 07/19/2022)
7/18/2022Joint STIPULATION to Continue Hearing on Defendant Nespresso USA, Inc.'s Motion for Award of Attorney's Fees and Non-Taxable Costs from August 11, 2022 to August 29, 2022 filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order)(Mikulka, Yuri) (Entered: 07/18/2022)
7/14/2022TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals, 228 .(mat) (Entered: 07/14/2022)
7/14/2022NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by Plaintiff and Counter-Defendant K-fee System GmbH. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, 111 , Order on Motion for Summary Judgment,,, 211 , Minutes of In Chambers Order/Directive - no proceeding held,, 222 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33628151.) (Stevenson, Theodore) (Entered: 07/14/2022)
7/14/2022227SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. The court VACATES the hearing set on July 15, 2022 on Defendants motion for sanctions, Dkt. Nos. 188 , 192 & 218. A minute order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 07/14/2022)
7/12/2022 APPLICATION to the Clerk to Tax Costs against Plaintiff K-fee System GmbH filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit 5, # 3 Exhibit 10(a)) (Barsky, Wayne) (Entered: 07/12/2022)
7/12/2022 NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 8/11/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memo of Points and Authorities, # 2 Decl. of W. Barsky, # 3 Exhibit 1 to Barsky Decl., # 4 Proposed Order) (Barsky, Wayne) (Entered: 07/12/2022)
7/8/2022224SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Per the NOTICE OF WITHDRAWAL OF MOTIONS TO QUASH SERVICE OF SUBPOENAS (Dkt. 223 ), the hearing previously scheduled for Tuesday, July 19, 2022, at 10:00 a.m. PT (Dkt. Nos. 193 , 194 , & 210 ) is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 07/08/2022)
7/7/2022Notice of Withdrawal of Motion to Quash Subpoena,, 194 , Motion to Quash Subpoena,, 193 , Motion to Quash Subpoena,, 210 filed by Non-Parties Nestle Nespresso S.A., Nestle S.A., Societe Des Produits Nestle S A. (Jaeger, Michael) (Entered: 07/07/2022)
6/30/2022Notice of Appearance or Withdrawal of Counsel: for attorney Katherine Pappas counsel for Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Katherine Pappas as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by plaintiff, counter defendant K-fee System GmbH. (Attorney Katherine Pappas added to party K-fee System GmbH(pty:cd), Attorney Katherine Pappas added to party K-fee System GmbH(pty:pla))(Pappas, Katherine) (Entered: 06/30/2022)
6/30/2022Notice of Appearance or Withdrawal of Counsel: for attorney Douglas H Carsten counsel for Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Douglas H. Carsten as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by plaintiff, counter defendant K-fee System GmbH. (Attorney Douglas H Carsten added to party K-fee System GmbH(pty:cd), Attorney Douglas H Carsten added to party K-fee System GmbH(pty:pla))(Carsten, Douglas) (Entered: 06/30/2022)
6/28/2022FINAL JUDGMENT OF NONINFRINGEMENT by Judge George H. Wu. Having granted Defendant Nespresso USA, Inc. (Nespresso)s Motion for Summary Judgment of Noninfringement, and for the reasons stated in the Courts now final ruling (Dkt. No. 209) it is HEREBY ORDERED, ADJUDGED, AND DECLARED that: (1) The Courts June 23, 2022 judgment (Dkt. 214) is vacated; (2) Final judgment of noninfringement of U.S. Patent Nos. 10,858,176, 10,858,177, and 10,870,531 is entered in favor of Nespresso and against Plaintiff K-fee System GmbH (K-fee) on K-fees claims of infringement; (3) Nespressos declaratory judgment counterclaims are hereby dismissed without prejudice as moot; (4) K-fee shall take nothing by its Complaint; and, (5) As the prevailing party, Nespresso is awarded its costs. (rolm) (Entered: 06/28/2022)
6/28/2022218SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the parties, the video conference Re: NESPRESSO USA, INC.'S NOTICE OF MOTION AND MOTION FOR SANCTIONS FOR K-FEE SYSTEM GMBH'S KNOWING VIOLATION OF PROTECTIVE ORDER (Dkt. Nos. 188 & 192 ) is CONTINUED to Friday, July 15, 2022 at 11:00 a.m. PT. The steps to access the Zoom webinar is available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 06/28/2022)
6/24/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Reporter. Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barsky, Wayne) (Entered: 06/24/2022)
6/24/2022216NOTICE OF FILING TRANSCRIPT filed for proceedings 6/16/2022 8:30 a.m. re Transcript 215 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 06/24/2022)
6/24/2022TRANSCRIPT for proceedings held on 6/16/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/15/2022. Redacted Transcript Deadline set for 7/25/2022. Release of Transcript Restriction set for 9/22/2022. (Hourigan, Terri) (Entered: 06/24/2022)
6/23/2022FINAL JUDGMENT OF INFRINGEMENT by Judge George H. Wu. Having granted Defendant Nespresso USA, Inc.s (Nespresso) Motion for Summary Judgment of Noninfringement, and for the reasons stated in the Courts now final ruling (Dkt. No. 209) it is HEREBY ORDERED, ADJUDGED, AND DECLARED that: (1) Final judgment of noninfringement of U.S. Patent Nos. 10,858,176, 10,858,177, and 10,870,531 is entered in favor of Nespresso and against Plaintiff K-fee System GmbH (K-fee); (2) K-fee shall take nothing by its Complaint; and, (3) as the prevailing party, Nespresso is awarded its costs. (rolm) (Entered: 06/23/2022)
6/21/2022NOTICE OF LODGING filed of [Proposed] Final Judgment of Noninfringement re Order on Motion for Summary Judgment,,, 211 (Attachments: # 1 [Proposed] Final Judgment)(Barsky, Wayne) (Entered: 06/21/2022)
6/21/2022REPLY in support of NOTICE OF MOTION AND MOTION for Sanctions for K-fee System GmbH's Knowing Violation of Protective Order 188 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Decl. of Christine Ranney)(Barsky, Wayne) (Entered: 06/21/2022)
6/17/2022MINUTES IN CHAMBERS - FINAL RULING ON NESPRESSO USA, INC.'S MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT 126 by Judge George H. Wu. Attached hereto is the Court's Redacted Ruling on Defendant's motion for summary judgment which came on for hearing on June 16, 2022. See ECF No. 209. Prior thereto, a tentative ruling was provided to the parties. After considering the moving, opposition, and concomitant filings (including the Court's Markman/Claims construction, see ECF No. 111), plus the arguments of counsel at the hearing, the Court adopts its tentative ruling as its final decision and GRANTS the motion for summary judgment. (aco) (Entered: 07/05/2022)
6/17/2022FINAL RULING ON NESPRESSO USA, INC.'S MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT 126 by Judge George H. Wu. Defendants motion for summary judgment came on for hearing on June 16, 2022. See ECF No. 209. Prior thereto, a tentative ruling was provided to the parties. After considering the moving, opposition, and concomitant filings (including the Courts Markman/Claims construction, see ECF No. 111), plus the arguments of counsel at the hearing, the Court adopts its tentative ruling as its final decision and GRANTS the motion for summary judgment. By June 22, 2022: (1) the parties are to indicate if there is any portion of the tentative ruling that contains confidential material that should be redacted before the ruling is publicly filed; and (2) the Defendant is to prepare a proposed judgment. (rolm) (Entered: 06/21/2022)
6/17/2022 NOTICE OF MOTION AND MOTION to Quash Subpoena for Documents and Testimony filed by Non-Party Nestle S.A. Nestle S.A.. Motion set for hearing on 7/19/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Declaration of Michael Jaeger, # 2 Exhibit A to Declaration of M. Jaeger, # 3 Exhibit B to Declaration of M. Jaeger, # 4 Exhibit C to Declaration of M. Jaeger, # 5 Exhibit D to Declaration of M. Jaeger, # 6 Exhibit E to Declaration of M. Jaeger, # 7 Declaration of Justin DeGeorge, # 8 Declaration of David Frick, # 9 Proposed Order, # 10 Proof of Service)(Jaeger, Michael) (Entered: 06/17/2022)
6/16/2022SEALED MINUTES OF TELEPHONIC HEARING ON NESPRESSO USA, INC.'S MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT 126 (bm) (Entered: 06/16/2022)
6/16/2022 Opposition re: NOTICE OF MOTION AND MOTION for Sanctions for K-fee System GmbH's Knowing Violation of Protective Order 188 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka ISO Opposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Mikulka, Yuri) (Entered: 06/16/2022)
6/16/2022TRANSCRIPT ORDER as to Plaintiff K-fee System GmbH for Court Reporter. Court will contact Marsha Boon at marsha.boon@alston.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mikulka, Yuri) (Entered: 06/16/2022)
6/16/2022206NOTICE OF FILING TRANSCRIPT filed for proceedings 6/10/22 1:34 p.m. re Transcript 205 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 06/16/2022)
6/16/2022TRANSCRIPT for proceedings held on 6/10/22 1:34 p.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (apr) (Entered: 06/16/2022)
6/16/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 06/16/2022)
6/15/2022TRANSCRIPT ORDER as to Plaintiff K-fee System GmbH for Court Smart (CS). Court will contact Marsha Boon at marsha.boon@alston.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Mikulka, Yuri) (Entered: 06/15/2022)
6/14/2022202TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 06/16/2022 Motion Hearing 126 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 06/14/2022)
6/13/2022 REQUEST for Leave to file Sur-reply to address new evidence and arguments submitted by Nespresso USA, Inc. in Its Reply filed by Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 06/13/2022)
6/13/2022RESPONSE filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH K-fee System GmbH's Response to Nespresso USA Inc.'s Request for Evidentiary Ruling on Specified Objections to Singhose Declaration (Mikulka, Yuri) (Entered: 06/13/2022)
6/10/2022 MINUTES OF VIDEO DISCOVERY CONFERENCE settling 197 Joint Agenda; Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that (1) by June 16, 2022, Defendant shall provide deposition dates for Mr. Skipsey and Ms. Buhrmann; (2) by June 17, 2022, Defendant shall serve supplemental responses to Interrogatory No. 8; and (3) by June 17, 2022, defense counsel shall get back to Plaintiff's counsel as to whether Defendant has produced the transfer pricing for the trade channel and as to whether Defendant completed production in response to Document Request No. 9. If already produced and Plaintiff's counsel cannot locate them, Defendant shall make reasonable efforts to provide bates stamp numbers. (see document for further details) Court Recorder: CS 06/10/2022. (hr) (Entered: 06/10/2022)
6/9/2022RESPONSE filed by Defendant Nespresso USA, Inc.to REQUEST for Ruling Request for Evidentiary Ruling on Specified Objections to the Deposition of Alexandre Perentes filed in support of Defendant Nespresso USA, Incs Motion for Summary Judgment 195 (Barsky, Wayne) (Entered: 06/09/2022)
6/9/2022 NOTICE OF MOTION AND MOTION for Order for Discovery Matter filed by Plaintiff K-fee System GmbH. Motion set for hearing on 6/10/2022 at 01:30 PM before Magistrate Judge Alicia G. Rosenberg. (Mikulka, Yuri) (Entered: 06/09/2022)
6/9/2022196SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the Court's own motion, the hearings re: the MOTIONS to Quash Subpoena for Documents and Testimony 193 & 194 scheduled for 10:00 a.m. PT on Tuesday, July 19, 2022 will be held by video using Zoom. The steps to access the Zoom webinar is available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 06/09/2022)
6/8/2022 REQUEST for Ruling Request for Evidentiary Ruling on Specified Objections to the Deposition of Alexandre Perentes filed in support of Defendant Nespresso USA, Incs Motion for Summary Judgment filed by Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 06/08/2022)
6/8/2022 NOTICE OF MOTION AND MOTION to Quash Subpoena for Documents and Testimony filed by Non-Party Nestle Nespresso S.A.. Motion set for hearing on 7/19/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Declaration of Michael Jaeger, # 2 Exhibit A to Declaration of M. Jaeger, # 3 Exhibit B to Declaration of M. Jaeger, # 4 Exhibit C to Declaration of M. Jaeger, # 5 Exhibit D to Declaration of M. Jaeger, # 6 Exhibit E to Declaration of M. Jaeger, # 7 Declaration of Manuela Krampulz, # 8 Proposed Order, # 9 Proof of Service)(Jaeger, Michael) (Entered: 06/08/2022)
6/8/2022 NOTICE OF MOTION AND MOTION to Quash Subpoena for Documents and Testimony filed by Non-Party Societe Des Produits Nestle S A. Motion set for hearing on 7/19/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Declaration of Michael Jaeger, # 2 Exhibit A to Declaration of M. Jaeger, # 3 Exhibit B to Declaration of M. Jaeger, # 4 Exhibit C to Declaration of M. Jaeger, # 5 Exhibit D to Declaration of M. Jaeger, # 6 Exhibit E to Declaration of M. Jaeger, # 7 Declaration of David Mazur, # 8 Proposed Order, # 9 Proof of Service)(Jaeger, Michael) (Entered: 06/08/2022)
6/8/2022RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Sanctions for K-fee System GmbH's Knowing Violation of Protective Order 188 by Magistrate Judge Alicia G. Rosenberg. The hearing date has been rescheduled. Motion set for hearing on 7/7/2022 at 11:00 AM before Magistrate Judge Alicia G. Rosenberg. The hearing will be held by video using Zoom. The steps to access the Zoom webinar is available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). (kl) (Entered: 06/08/2022)
6/8/2022NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Sanctions for K-fee System GmbH's Knowing Violation of Protective Order 188 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (kl) (Entered: 06/08/2022)
6/8/2022190SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the plaintiff, the Court sets a video discovery conference for Friday, June 10, 2022, at 1:30 p.m. PT by Zoom. A joint agenda that lists the discovery issues must be filed on or before noon PT on Thursday, June 9, 2022. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. The steps to access the Zoom webinar is available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 06/08/2022)
6/8/2022NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gregory B Wood has been assigned to serve as Panel Mediator. (lst) (Entered: 06/08/2022)
6/7/2022 NOTICE OF MOTION AND MOTION for Sanctions for K-fee System GmbH's Knowing Violation of Protective Order filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 7/7/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of Christine Ranney, # 2 Exhibit 1 to Ranney Declaration, # 3 Proposed Order) (Barsky, Wayne) (Entered: 06/07/2022)
6/2/2022SEALED REPLY RE NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringement 126 , Order on Motion for Leave to File Document Under Seal, 186 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Response to Statement of Genuine Disputes, # 2 Request for Evidentiary Ruling on Specified Objections, # 3 Response to K-fee's Request for Evidentiary Ruling on Specified Objections, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Certificate of Service)(Barsky, Wayne) (Entered: 06/02/2022)
6/1/2022ORDER GRANTING NESPRESSO USA, INC.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. Accordingly, it is hereby ORDERED that Nespresso's Application for Leave to File Under Seal is GRANTED in its entirety; granting 184 APPLICATION to file document in connection with Nespresso's Reply in Support of Motion for Summary Judgment under seal. (aco) (Entered: 06/02/2022)
5/31/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in connection with Nespresso's Reply in Support of Motion for Summary Judgment under seal 184 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Reply Memorandum ISO Motion for Summary Judgment [Unredacted], # 2 Response to Statement of Genuine Disputes [Unredacted], # 3 Request for Evidentiary Ruling on Specified Objections [Unredacted], # 4 Response to K-fee's Request for Evidentiary Ruling on Specified Objections [Unredacted], # 5 Unredacted Document Exhibit 6, # 6 Unredacted Document Exhibit 7, # 7 Certificate of Service)(Barsky, Wayne) (Entered: 05/31/2022)
5/31/2022 APPLICATION to file document in connection with Nespresso's Reply in Support of Motion for Summary Judgment under seal filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Reply Memorandum ISO Motion for Summary Judgment [Redacted], # 2 Response to Statement of Genuine Disputes [Redacted], # 3 Request for Evidentiary Ruling on Specified Objections [Redacted], # 4 Response to K-fee's Request for Evidentiary Ruling on Specified Objections [Redacted], # 5 Exhibit 6 [Placeholder], # 6 Exhibit 7 [Placeholder], # 7 Proposed Order)(Barsky, Wayne) (Entered: 05/31/2022)
5/31/2022REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringement 126 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Response to Statement of Genuine Disputes [Redacted], # 2 Request for Evidentiary Ruling on Specified Objections [Redacted], # 3 Response to K-fee's Request for Evidentiary Ruling on Specified Objections [Redacted], # 4 Declaration of Wayne Barsky, # 5 Exhibit 6 [Placeholder], # 6 Exhibit 7 [Placeholder], # 7 Exhibit 8, # 8 Exhibit 9)(Barsky, Wayne) (Entered: 05/31/2022)
5/17/2022SEALED DOCUMENT K-fee's Opposition to Nespresso's Motion for Summary Judgment re Order on Motion for Leave to File Document Under Seal, 181 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of William Singhose, # 2 K-fee's Statement of Genuine Disputes, # 3 K-fee's Request for Evidentiary Ruling on Specified Portions of the Jarisch Declaration, # 4 Exhibit 12, # 5 Exhibit 14, # 6 Exhibit 16, # 7 Exhibit 20, # 8 Proof of Service)(Mikulka, Yuri) (Entered: 05/17/2022)
5/17/2022ORDER GRANTING PLAINTIFF K-FEE'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. Accordingly, it is hereby ORDERED that K-fee's Application for Leave to File Under Seal is GRANTED in its entirety; granting 178 APPLICATION to file document under seal. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 05/17/2022)
5/17/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 178 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Unredacted Document K-fee's Opposition to Nespresso's Motion for Summary Judgment, # 2 Unredacted Document Declaration of William Singhose, # 3 Unredacted Document K-fee's Statement of Genuine Disputes, # 4 Unredacted Document K-fee's Request for Evidentiary Ruling, # 5 Unredacted Document Exhibit 12, # 6 Unredacted Document Exhibit 14, # 7 Unredacted Document Exhibit 16, # 8 Unredacted Document Exhibit 20, # 9 Unredacted Document Proof of Service)(Mikulka, Yuri) (Entered: 05/17/2022)
5/16/2022 MINUTES OF VIDEO DISCOVERY CONFERENCE held before Magistrate Judge Alicia G. Rosenberg. The court orders Nespresso to commence Mr. Krüger's deposition on May 18, 2022 as currently scheduled and orders Mr. Krüger to appear for a second day of deposition on a date, time and location to be negotiated by counsel and, failing agreement, to be determined by the court. (See Order for Further Details). Settling Motion for Order 177 . Court Recorder: XTR 05/16/2022. (kl) (Entered: 05/17/2022)
5/16/2022 APPLICATION to file document under seal filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Redacted Document K-fee's Opposition to Nespresso's Motion for Summary Judgment, # 2 Declaration of Yuri Mikulka ISO Opposition, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12 (proposed to be filed under seal), # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16 (proposed to be filed under seal), # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20 (proposed to be filed under seal), # 23 Exhibit 21, # 24 Exhibit 22, # 25 Redacted Document Declaration of William Singhose, # 26 Redacted Document K-fee's Statement of Genuine Disputes, # 27 Redacted Document Request for Evidentiary Ruling, # 28 Proposed Order ISO Application)(Mikulka, Yuri) (Entered: 05/17/2022)
5/16/2022MOTION RE: INFORMAL DISCOVERY DISPUTE (kl) (Entered: 05/16/2022)
5/16/2022176SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the Court's own motion, the video discovery conference previously scheduled for 12:45 p.m. PT is RESCHEDULED to 12:30 p.m. PT on Monday, May 16, 2022, by Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 05/16/2022) (Entered: 05/16/2022)
5/16/2022175SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of Nespresso USA, Inc., the Court sets a video discovery conference for Monday, May 16, 2022, at 12:45 p.m. PT by Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 05/16/2022)
5/12/2022174Text Only Entry - IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg: Plaintiff has notified the court that it withdraws the motion to compel, Dkt Nos. 163, 171. The motion is withdrawn. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY (Entered: 05/12/2022)
5/10/2022173NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (G-120), 172 . The following error(s) was found: Incorrect Dates. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 05/10/2022)
5/10/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 05/10/2022)
5/9/2022RESPONSE filed by Defendant Nespresso USA, Inc.to Report 163 Nespresso's Opposition to K-fee System GmbH's Motion to Compel the Deposition of Alexandre Perentes (Barsky, Wayne) (Entered: 05/09/2022)
5/6/2022 MINUTES OF VIDEO DISCOVERY CONFERENCE held before Magistrate Judge Alicia G. Rosenberg. The court treated K-fee's Report filed on April 28, 2022, as a motion compel Nespresso to produce Mr. Perentes for deposition in the United States. (Dkt. No. 163.) In consultation with counsel, the court set the following briefing schedule: May 9, 2022 - Nespresso's opposition, May 12, 2022 - K-fee's reply. Unless otherwise ordered, the court will take the motion under submission without further oral argument. If the court determines that further oral argument is necessary, it will set the hearing no earlier than May 16, 2022. (See Order for Further Details). Court Recorder: CS 04/29/2022. (kl) (Entered: 05/06/2022)
5/2/2022170NOTICE OF FILING TRANSCRIPT filed for proceedings 4/29/22 11:02 a.m. re Transcript 169 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (Entered: 05/07/2022)
5/2/2022TRANSCRIPT for proceedings held on 4/29/22 11:02 a.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTNG, INC., phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/16/2022. Redacted Transcript Deadline set for 5/26/2022. Release of Transcript Restriction set for 7/25/2022. (ha). (Entered: 05/07/2022)
5/2/2022 MINUTES OF TELEPHONIC HEARING ON K-FEE'S MOTION REGARDING BRIEFING SCHEDULE FOR NESPRESSO'S MOTION FOR SUMMARY JUDGMENT 131 held before Judge George H. Wu. The Court's Tentative Ruling was issued on April 29, 2022 164 . Court and counsel confer. The Tentative Ruling is adopted as the Court's Final Ruling. K'fee's Motion is denied. Plaintiff shall file its response to Defendant's motion for summary judgment no later than May 16, 2022. Defendant's reply is due no later than two weeks after receiving Plaintiff's response, but no later than May 31, 2022. The hearing on the motion is set for June 16, 2022 at 8:30 a.m; denying 131 MOTION for Order for Briefing Schedule. Court Reporter: Terri A. Hourigan. Court Reporter: Terri A. Hourigan. (aco) (Entered: 05/03/2022)
5/2/2022MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S NOTICE OF MOTION TO COMPEL DOCUMENT PRODUCTION (Dkt. No. 90 ) by Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that K-fees motion to compel is GRANTED IN PART as follows. Granting in part and denying in part Motion to Compel 90 . (See Order for Further Details) (kl) (Entered: 05/02/2022)
4/29/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 04/29/2022)
4/29/2022MINUTE ORDER IN CHAMBERS - K-FEE'S MOTION REGARDING BRIEFING SCHEDULE FOR NESPRESSO'S MOTION FOR SUMMARY JUDGMENT 131 by Judge George H. Wu: Attached hereto is the Court's Tentative Ruling on K-fee's Motion set for hearing on May 2, 2022 at 8:30 a.m. (bm) (Entered: 04/29/2022)
4/28/2022 REPORT of re Minute Order re Parties' Meet and Confer Pursuant to Dkt. No. 153 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit 1)(Mikulka, Yuri) (Entered: 04/28/2022)
4/28/2022162NOTICE OF FILING TRANSCRIPT filed for proceedings 4/1/2022 8:30 a.m. re Transcript 161 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 04/28/2022)
4/28/2022TRANSCRIPT for proceedings held on 4/1/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (Hourigan, Terri) (Entered: 04/28/2022)
4/28/2022160TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 05/02/2022 Motion Hearing 131 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 04/28/2022)
4/28/2022PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 158 . (see document for details) (hr) (Entered: 04/28/2022)
4/26/2022Joint STIPULATION for Protective Order filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 [Proposed] Amended Protective Order)(Barsky, Wayne) (Entered: 04/26/2022)
4/25/2022157NOTICE OF FILING TRANSCRIPT filed for proceedings 4-22-22 11:03 a.m. re Transcript 156 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (Entered: 04/25/2022)
4/25/2022TRANSCRIPT for proceedings held on 4-22-22 11:03 a.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTNG, phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/16/2022. Redacted Transcript Deadline set for 5/26/2022. Release of Transcript Restriction set for 7/25/2022. (ha) (Entered: 04/25/2022)
4/22/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 04/22/2022)
4/22/2022154SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Per Judge Rosenberg's Order 153 , a video discovery conference is scheduled for Friday, April 29, 2022 at 11:00 a.m. PT by Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 04/22/2022)
4/22/2022MINUTES OF VIDEO DISCOVERY CONFERENCE held before Magistrate Judge Alicia G. Rosenberg. For the reasons stated on the record, IT IS ORDERED that: A further hearing is set on April 29, 2022 at 11:00 a.m. by zoom. Settling Motion for Order 151 . (See Order for Further Details) Court Recorder: CS 04/22/2022. (kl) (Entered: 04/22/2022)
4/21/2022MINUTE ORDER IN CHAMBERS - ORDER by Judge George H. Wu: On April 1, 2022, defendant Nespresso USA, Inc. filed a motion for summary judgment ("MSJ") which is set for hearing on May 12, 2022 (ECF No. 126). On April 4, 2022, Plaintiff Kfee System GmbH filed a motion re briefing for the MSJ which it set for May 2, 2022 (ECF No. 131). In Plaintiffs motion, it asse1ts that Defendant filed an "early" MSJ at a point when- Plaintiff was still pursuing relevant discovery on issues raised therein. Because the hearng date for Plaintiff's motion is set after Plaintiff's opposition would be due for Plaintiff's MSJ, the Court on its own will take the May 12, 2022 heaiing date for the MSJ off-calendar and will decide on May 2, 2022 when to put it back on calendar. (bm) (Entered: 04/21/2022)
4/21/2022 NOTICE OF MOTION AND MOTION for Order for Joint Agenda for Discovery Conference filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 4/22/2022 at 11:00 AM before Magistrate Judge Alicia G. Rosenberg. Telephone Conference set for 4/22/2022 11:00 AM before Magistrate Judge Alicia G. Rosenberg. (Barsky, Wayne) (Entered: 04/21/2022)
4/20/2022150NOTICE OF FILING TRANSCRIPT filed for proceedings 3/21/2022 8:30 a.m. re Transcript 149 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 04/20/2022)
4/20/2022TRANSCRIPT for proceedings held on 3/21/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/11/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/19/2022. (Hourigan, Terri) (Entered: 04/20/2022)
4/19/2022148SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the parties, the Court sets a video discovery conference for Friday, April 22, 2022, at 11:00 a.m. PT by Zoom. A joint agenda that lists the discovery issues must be filed on or before noon PT on Thursday, April 21, 2022. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 04/19/2022)
4/18/2022ORDER by Judge George H. Wu: granting 146 Non-Resident Attorney Carmine R Zarlenga APPLICATION to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe des Produits Nestle S.A., Nestle S.A., designating Michael Jaeger as local counsel. (bm) (Entered: 04/18/2022)
4/15/2022 APPLICATION of Non-Resident Attorney Carmine R. Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Nestle S.A., Societe Des Produits Nestle S A (Pro Hac Vice Fee - $500 Previously Paid on 4/15/2022, Receipt No. 33135989) filed by Non-parties Nestle Nespresso S.A., Nestle S.A., Societe Des Produits Nestle S A. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing, # 3 Proposed Order) (Jaeger, Michael) (Entered: 04/15/2022)
4/15/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Carmine Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle S.A., Societe Des Produits Nestle S A, Nestle Nespresso S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33135989) 144 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the application. See Instructions for Applicants (1) (G-64). (lt) (Entered: 04/15/2022)
4/15/2022 APPLICATION of Non-Resident Attorney Carmine Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle S.A., Societe Des Produits Nestle S A, Nestle Nespresso S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33135989) filed by Non-parties Nestle S.A., Societe Des Produits Nestle S A, Nestle Nespresso S.A.. (Attachments: # 1 Proposed Order) (Attorney Michael Jaeger added to party Nestle S.A.(pty:dft), Attorney Michael Jaeger added to party Societe Des Produits Nestle S A(pty:dft), Attorney Michael Jaeger added to party Nestle Nespresso S.A.(pty:dft)) (Jaeger, Michael) (Entered: 04/15/2022)
4/15/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Shaleen Patel to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33128186) 140 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) (Entered: 04/15/2022)
4/15/2022ORDER by Judge George H. Wu: granting 140 Non-Resident Attorney Shaleen Patel APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff K-Fee System GmbH, designating Yuri Mikulka as local counsel. (bm) (Entered: 04/15/2022)
4/14/2022MINUTES OF VIDEO DISCOVERY CONFERENCE RE: NESPRESSO'S NOTICE OF MOTION TO COMPEL PRODUCTION OF UNPUBLISHED PATENT APPLICATION FILES (Dkt No. 108.) held before Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that Nespresso's motion to compel production of unpublished patent application files responsive to Document Request No. 18 is GRANTED. Within 7 days after entry of this order, the parties shall file a stipulation and proposed amended protective order to address the issues described above. K-fee shall produce the responsive documents within 14 days after entry of the amended protective order. Granting Motion to Compel 108 . (See Order for Further Details) Court Recorder: CS 04/14/2022. (kl) (Entered: 04/14/2022)
4/14/2022 APPLICATION of Non-Resident Attorney Shaleen Patel to Appear Pro Hac Vice on behalf of Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33128186) filed by Plaintiff and Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 04/14/2022)
4/11/2022 Opposition to re: NOTICE OF MOTION AND MOTION for Order for Briefing Schedule for Nespresso's Motion for Summary Judgment 131 filed by Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 04/11/2022)
4/8/2022RESPONSE filed by Defendant Nespresso USA, Inc.to Report 124 Nespresso's Response to K-fee's March 28, 2022 Report Re Minute Order Re Plaintiff's Motion to Compel and Motion for Issuance of Letter of Request (Barsky, Wayne) (Entered: 04/08/2022)
4/7/2022137SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the Court's own motion, the hearing re: MOTION to Compel Production of Unpublished Patent Application Files 108 is RESCHEDULED to Thursday, April 14, 2022 at 11:00 a.m. PT. The hearing will be held virtually by Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 04/07/2022)
4/6/2022Notice of Appearance or Withdrawal of Counsel: for attorney Darish Huynh counsel for Counter Claimants Nespresso USA, Inc., Nestle Holdings, Inc., Defendants Nespresso USA, Inc., Nestle Holdings, Inc.. Adding Darish Huynh as counsel of record for Nespresso USA, Inc. and Nestle Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Nespresso USA, Inc. and Nestle Holdings, Inc.. (Attorney Darish Huynh added to party Nespresso USA, Inc.(pty:cc), Attorney Darish Huynh added to party Nespresso USA, Inc.(pty:dft), Attorney Darish Huynh added to party Nestle Holdings, Inc.(pty:dft), Attorney Darish Huynh added to party Nestle Holdings, Inc.(pty:cc))(Huynh, Darish) (Entered: 04/06/2022)
4/6/2022SEALED DOCUMENT Nespresso's Motion for Summary Judgment as to Noninfringement re Order on Motion for Leave to File Document Under Seal, 133 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringement 126 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law, # 2 Declaration of C. Jarisch, # 3 Ex. 1 to Decl. of C. Jarisch, # 4 Ex. 2 to Decl. of C. Jarisch, # 5 Ex. 3 to Decl. of C. Jarisch, # 6 Ex. 4 to Decl. of C. Jarisch, # 7 Certificate of Service)(Barsky, Wayne) (Entered: 04/06/2022)
4/5/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Reporter. Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barsky, Wayne) (Entered: 04/05/2022)
4/5/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 04/05/2022)
4/4/2022ORDER GRANTING NESPRESSO USA, INC.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu granting 127 APPLICATION: Accordingly, it is hereby ORDERED that Nespresso's Application for Leave to File Under Seal is GRANTED in its entirety. It is further ORDERED that the following documents are to be filed under seal: (see document for further details) (bm) (Entered: 04/05/2022)
4/4/2022 NOTICE OF MOTION AND MOTION for Order for Briefing Schedule for Nespresso's Motion for Summary Judgment filed by Plaintiff and Counter-Defendant K-fee System GmbH. Motion set for hearing on 5/2/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order) (Mikulka, Yuri) (Entered: 04/04/2022)
4/4/2022STANDING ORDER RE SUMMARY JUDGMENT MOTIONS by Judge George H. Wu: 1. You are instructed to read and to follow the requirements in Fed. R. Civ. P. 56 and Central District of California Local Rules 56-1 through 56-3. (see document for further details) (bm) (Entered: 04/04/2022)
4/1/2022 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu: Court and counsel discuss scheduling. The Court clarifies the dates proposed by parties as follows: (see document for further details) Court Reporter: Terri A. Hourigan. (bm) (Entered: 04/04/2022)
4/1/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in support of Nespresso's Motion for Summary Judgment of noninfringement under seal 127 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Unredacted version of Memo of Points and Authorities ISO MSJ, # 2 Unredacted version of Statement of Uncontroverted Facts and Conclusions of Law [UnRedacted], # 3 Unredacted version of Decl. of Christian Jarisch, # 4 Unredacted Ex. 1 to Decl. of C. Jarisch, # 5 Unredacted Ex. 2 to Decl. of C. Jarisch, # 6 Unredacted Ex. 3 to Decl. of C. Jarisch, # 7 Unredacted Ex. 4 to Decl. of C. Jarisch, # 8 Certificate of Service)(Barsky, Wayne) (Entered: 04/01/2022)
4/1/2022 APPLICATION to file document in support of Nespresso's Motion for Summary Judgment of noninfringement under seal filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Memo of Points and Authorities ISO MSJ [Redacted], # 2 Statement of Uncontroverted Facts and Conclusions of Law [Redacted], # 3 Decl. of Christian Jarisch [Redacted], # 4 Ex. 1 to Decl. of C. Jarisch [Redacted], # 5 Ex. 2 to Decl. of C. Jarisch [Redacted], # 6 Ex. 3 to Decl. of C. Jarisch [Redacted], # 7 Ex. 4 to Decl. of C. Jarisch [Redacted], # 8 [Proposed] Order)(Barsky, Wayne) (Entered: 04/01/2022)
4/1/2022 NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringement filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 5/12/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities [Redacted], # 2 Statement of Uncontroverted Facts and Conclusions of Law [Redacted], # 3 Decl. of Christian Jarisch [Redacted], # 4 Ex. 1 to Decl. of C. Jarisch [Redacted], # 5 Ex. 2 to Decl. of C. Jarisch [Redacted], # 6 Ex. 3 to Decl. of C. Jarisch [Redacted], # 7 Ex. 4 to Decl. of C. Jarisch [Redacted], # 8 Ex. 5 to Decl. of C. Jarisch, # 9 [Proposed] Judgment) (Barsky, Wayne) (Entered: 04/01/2022)
3/29/2022REPLY in support of MOTION to Compel Production of Unpublished Patent Application Files 108 filed by Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 03/29/2022)
3/28/2022 REPORT of Re Minute Order Re Plaintiff's Motion to Compel and Motion for Issuance of Letter of Request filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mikulka, Yuri) (Entered: 03/28/2022)
3/23/2022RESPONSE filed by Defendant Nespresso USA, Inc.to Status Report 120 Nespresso's Response to K-fee's Report Re Minute Order Re Plaintiff's Motion to Compel and Motion for Issuance of Letter of Request (Barsky, Wayne) (Entered: 03/23/2022)
3/22/2022MEMORANDUM in Opposition to MOTION to Compel Production of Unpublished Patent Application Files 108 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/22/2022)
3/21/2022 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu: Court and counsel confer. The Court adopts the dates in the Joint Report Regarding Proposed Further Litigation Dates 119 , including the following: Pretrial Conference: November 17, 2022 at 8:30 a.m. Jury Trial: December 6, 2022 at 9:00 a.m. A Post-Mediation Status Conference is set for September 15, 2022 at 8:30 a.m. The Court allows the parties to file early summary judgment motions as indicated on the record. Court Reporter: Terri A. Hourigan. (bm) (Entered: 03/21/2022)
3/18/2022STATUS REPORT Re Minute Order Re Motion to Compel and Letter of Request filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mikulka, Yuri) (Entered: 03/18/2022)
3/17/2022 JOINT REPORT of PROPOSED FURTHER LITIGATION DATES filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/17/2022)
3/17/2022Notice of Appearance or Withdrawal of Counsel: for attorney Christine Ranney counsel for Defendants Nespresso USA, Inc., Nestle Holdings, Inc.. Adding Christine L. Ranney as counsel of record for Defendants Nespresso USA, Inc. and Nestle Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Nespresso USA, Inc. and Nestle Holdings, Inc.. (Attorney Christine Ranney added to party Nespresso USA, Inc.(pty:dft), Attorney Christine Ranney added to party Nestle Holdings, Inc.(pty:dft))(Ranney, Christine) (Entered: 03/17/2022)
3/17/2022117TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 03/21/2022 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/17/2022)
3/17/2022116NOTICE OF FILING TRANSCRIPT filed for proceedings 3/7/2022 re Transcript 115 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 03/17/2022)
3/17/2022TRANSCRIPT for proceedings held on 3/7/2022. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC, phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (apr) (Entered: 03/17/2022)
3/15/2022114NOTICE OF FILING TRANSCRIPT filed for proceedings 2/15/2022 re Transcript 113 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 03/16/2022)
3/15/2022TRANSCRIPT for proceedings held on 2/15/2022. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC, phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/5/2022. Redacted Transcript Deadline set for 4/15/2022. Release of Transcript Restriction set for 6/13/2022. (apr) (Entered: 03/16/2022)
3/14/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 03/14/2022)
3/10/2022MINUTE ORDER IN CHAMBERS - FINAL ORDER ON CLAIM CONSTRUCTION by Judge George H. Wu: Attached hereto is the Court's Final Order on Claim Construction. A scheduling conference is set for March 21, 2022 at 8:30 a.m. The parties shall submit a joint report by March 17, 2022 setting forth their proposed dates for the remaining schedule in this case. (bm) (Entered: 03/11/2022)
3/9/2022110NOTICE OF FILING TRANSCRIPT filed for proceedings 3/3/2022 10:00 a.m. re Transcript 109 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 03/09/2022)
3/9/2022TRANSCRIPT for proceedings held on 3/3/2022 10:00 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/30/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/7/2022. (Hourigan, Terri) (Entered: 03/09/2022)
3/9/2022 NOTICE OF MOTION AND MOTION to Compel Production of Unpublished Patent Application Files filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 4/12/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Memorandum of Law ISO Motion to Compel)(Barsky, Wayne) (Entered: 03/09/2022)
3/7/2022 MINUTES OF VIDEO DISCOVERY CONFERENCE RE: PLAINTIFF K-FEE SYSTEM GMBH'S MOTION TO COMPEL DOCUMENT PRODUCTION; Motion Hearing held before Magistrate Judge Alicia G. Rosenberg, re: Motion to Compel 90 . IT IS ORDERED that, on or before March 14, 2022, Nespresso shall respond to K-fee's counsel regarding a proposed date for Mr. Perentes' deposition. IT IS FURTHER ORDERED that, on or before March 14, 2022 or a date mutually agreed by counsel, Nespresso shall advise K-fee's counsel whether SPN agrees to voluntarily produce some or all of the design and inventorship related documents requested by K-fee and, if so, an estimated date for production. IT IS FURTHER ORDERED that, on or before March 18, 2022, counsel shall advise the Court Clerk whether the parties were able to resolve K-fee's pending motion to compel. The court will reserve its ruling until after March 18, 2022. (see document for further details) Court Recorder: CS 03/07/2022. (hr) (Entered: 03/08/2022)
3/4/2022SEALED DOCUMENT Memorandum of Law in Support of K-fee System GmbH's Motion to Compel Document Production re MOTION to Compel Document Production 90 , Order on Motion for Leave to File Document Under Seal 102 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit 5 to MTC, # 2 Exhibit 15 to MTC, # 3 Exhibit 19 to MTC, # 4 Exhibit 20 to MTC, # 5 Exhibit 21 to MTC, # 6 Exhibit 25 to MTC)(Mikulka, Yuri) (Entered: 03/04/2022)
3/4/2022SEALED REPLY RE MOTION to Compel Document Production 90 , Order on Motion for Leave to File Document Under Seal 103 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH.(Mikulka, Yuri) (Entered: 03/04/2022)
3/4/2022ORDER GRANTING K-FEE SYSTEM GMBH'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Magistrate Judge Alicia G. Rosenberg: granting 98 APPLICATION to Seal Document(s). (see document for details) (hr) (Entered: 03/04/2022)
3/4/2022ORDER GRANTING K-FEE SYSTEM GMBH'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Magistrate Judge Alicia G. Rosenberg: granting 91 APPLICATION to Seal Document(s). (see document for details) (hr) (Entered: 03/04/2022)
3/3/2022 MINUTES OF CLAIM CONSTRUCTION HEARING held before Judge George H. Wu: Hearing is held by video teleconference. The Court's Tentative Ruling was issued on March 1, 2022 96 . Oral argument is held. For reasons stated on the record, the Claim Construction Hearing is taken under submission. Court Reporter: Terri A. Hourigan. (bm) (Entered: 03/04/2022)
3/3/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Reporter. Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barsky, Wayne) (Entered: 03/03/2022)
3/3/2022100SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Per Judge Rosenberg's Order 88 a video discovery conference regarding K-FEE SYSTEM GMBH'S MOTION TO COMPEL DOCUMENT PRODUCTION 90 is set for Monday, March 7, 2022, at 11:00 a.m. PT by Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 03/03/2022)
3/2/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document K-fee System GmbH's Reply Brief in further support of Its Motion to Compel Document Production under seal 98 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Unredacted Document Reply Brief)(Mikulka, Yuri) (Entered: 03/02/2022)
3/2/2022 APPLICATION to file document K-fee System GmbH's Reply Brief in further support of Its Motion to Compel Document Production under seal filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order, # 2 Redacted Document Reply Brief)(Mikulka, Yuri) (Entered: 03/02/2022)
3/2/2022REPLY in further support MOTION to Compel Document Production 90 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/02/2022)
3/1/2022MINUTE ORDER IN CHAMBERS - TENTATIVE ORDER ON CLAIM CONSTRUCTION by Judge George H. Wu: Attached hereto is the Court's Tentative Order on Claim Construction, presently set for hearing on March 3, 2022 at 10:00 a.m. (bm) (Entered: 03/01/2022)
2/28/202295TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The time to appear at the CLAIM CONSTRUCTION HEARING, presently set for hearing on March 3, 2022, is confirmed for 10:00 a.m. and will be held by Zoom Conference. CRD to provide information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 02/28/2022)
2/23/2022 Opposition to re: MOTION to Compel Document Production 90 Nespresso's Brief in Opposition to K-fee's Motion to Compel Document Production filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Declaration of Christine Ranney, # 2 Ex. 1 to Decl. of C. Ranney, # 3 Declaration of Justin DeGeorge)(Barsky, Wayne) (Entered: 02/23/2022)
2/17/2022ORDER by Judge George H. Wu: granting 87 Non-Resident Attorney Wendy W Cai APPLICATION to Appear Pro Hac Vice on behalf of Defendant Nespresso USA, Inc., designating Wayne Barsky as local counsel. (bm) (Entered: 02/17/2022)
2/16/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 91 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Unredacted Document Memorandum of Points and Authorities ISO Motion to Compel, # 2 Exhibit 5 (proposed to be filed under seal), # 3 Exhibit 15 (proposed to be filed under seal), # 4 Exhibit 19 (proposed to be filed under seal), # 5 Exhibit 20 (proposed to be filed under seal), # 6 Exhibit 21 (proposed to be filed under seal), # 7 Exhibit 25 (proposed to be filed under seal))(Mikulka, Yuri) (Entered: 02/16/2022)
2/16/2022 APPLICATION to file document under seal filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka ISO Application, # 2 Proposed Order, # 3 Redacted Document Memorandum of Points and Authorities ISO Motion to Compel, # 4 Exhibit 5 (proposed to be filed under seal), # 5 Exhibit 15 (proposed to be filed under seal), # 6 Exhibit 19 (proposed to be filed under seal), # 7 Exhibit 20 (proposed to be filed under seal), # 8 Exhibit 21 (proposed to be filed under seal), # 9 Exhibit 25 (proposed to be filed under seal))(Mikulka, Yuri) (Entered: 02/16/2022)
2/16/2022 NOTICE OF MOTION AND MOTION to Compel Document Production filed by Plaintiff K-fee System GmbH. Motion set for hearing on 3/7/2022 at 11:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Redacted Document Memorandum of Points and Authorities, # 2 Declaration of Yuri Mikulka, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5 (proposed to be filed under seal), # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15 (proposed to be filed under seal), # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19 (proposed to be filed under seal), # 22 Exhibit 20 (proposed to be filed under seal), # 23 Exhibit 21 (proposed to be filed under seal), # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25 (proposed to be filed under seal), # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30)(Mikulka, Yuri) (Entered: 02/16/2022)
2/16/2022TRANSCRIPT ORDER as to Plaintiff K-fee System GmbH for Court Smart (CS). Court will contact Marsha Boon at marsha.boon@alston.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Mikulka, Yuri) (Entered: 02/16/2022)
2/15/2022 MINUTES OF VIDEO DISCOVERY CONFERENCE (ZOOM) settling 86 Joint Agenda; Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. 1. With respect to K-fee's motion to compel Nespresso to produce responsive documents from foreign affiliated companies, the court set the following briefing and hearing schedule in consultation with counsel. February 16, 2022: K-fee files motion to compel; February 23, 2022: Nespresso filed opposition; March 2, 2022: K-fee files reply; March 7, 2022 at 11:00 a.m.: Hearing by zoom. (see document for further details) Court Recorder: CS 02/15/2022. (hr) (Entered: 02/16/2022)
2/15/2022 APPLICATION of Non-Resident Attorney Wendy W. Cai to Appear Pro Hac Vice on behalf of Defendants Nespresso USA, Inc., Nestle Holdings, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32795243) filed by Defendant Nespresso USA, Inc., Nestle Holdings, Inc.. (Attachments: # 1 Proposed Order) (Barsky, Wayne) (Entered: 02/15/2022)
2/14/2022 NOTICE OF MOTION AND MOTION for Order for Joint Agenda for Discovery Conference filed by Plaintiff K-fee System GmbH. Motion set for hearing on 2/15/2022 at 01:30 PM before Magistrate Judge Alicia G. Rosenberg. (Mikulka, Yuri) (Entered: 02/14/2022)
2/11/202285SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the parties, the Court sets a video discovery conference for Tuesday, February 15, 2022, at 1:30 p.m. PT by Zoom. A joint agenda that lists the discovery issues must be filed on or before noon PT on Monday, February 14, 2022. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 02/11/2022)
2/3/2022FURTHER ORDER RE: NESPRESSO'S NOTICE OF MOTION TO COMPEL DOCUMENT PRODUCTION AND CORRECTION TO ORDER DATED JANUARY 20, 2022 by Magistrate Judge Alicia G. Rosenberg, re MOTION to Compel 61 , Order on Motion to Compel 74 . IT IS ORDERED that Nespressos motion to compel production of documents responsive to Document Request No. 33 is GRANTED IN PART AND DENIED IN PART as follows: (see document for further details). (hr) (Entered: 02/03/2022)
2/2/2022 Nespresso's Responsive Claim Construction Brief BRIEF filed by Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 02/02/2022)
2/2/2022 K-fee's Responsive Claim Construction Brief BRIEF filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 16)(Mikulka, Yuri) (Entered: 02/02/2022)
1/27/2022MEMORANDUM in Support of MOTION to Compel Document Production 61 Nespresso's Supplemental Memorandum in Support of Motion to Compel Document Production (RFP No. 33) filed by Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 01/27/2022)
1/27/2022MEMORANDUM in Opposition to MOTION to Compel Document Production 61 Second Supplemental Memorandum in Opposition to Nespresso's Motion to Compel Document Production filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Mikulka, Yuri) (Entered: 01/27/2022)
1/25/2022TRANSCRIPT ORDER as to Plaintiff K-fee System GmbH for Court Smart (CS). Court will contact Crystal Batson at crystal.batson@alston.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Mikulka, Yuri) (Entered: 01/25/2022)
1/25/2022LETTERS ROGATORY ISSUED re: 52 MOTION for Issuance of a Request for Judicial Assistance (Letter of Request) under the Hague Convention of the Taking of Evidence Abroad in Civil or Commercial Matters. Letters Rogatory signed by Magistrate Judge Alicia G. Rosenberg. (hr) (Entered: 01/25/2022)
1/24/202277NOTICE OF FILING TRANSCRIPT filed for proceedings 1/20/22 re Transcript 76 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 01/24/2022)
1/24/2022TRANSCRIPT for proceedings held on 1/20/22. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC, phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/14/2022. Redacted Transcript Deadline set for 2/24/2022. Release of Transcript Restriction set for 4/25/2022. (apr) (Entered: 01/24/2022)
1/21/2022 STATUS REPORT of RE: Minute Order Re Plaintiff's Motion For Issuance Of Letter Of Request filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Letter of Request)(Mikulka, Yuri) (Entered: 01/21/2022)
1/21/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Smart (CS). Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Barsky, Wayne) (Entered: 01/21/2022)
1/20/2022MINUTES OF TELEPHONIC DISCOVERY CONFERENCE RE: NESPRESSO'S NOTICE OF MOTION TO COMPEL DOCUMENT PRODUCTION granting in part 61 Motion to Compel; Telephonic Hearing held before Magistrate Judge Alicia G. Rosenberg. Document Request No. 7: Nespresso's motion to compel is GRANTED as to Document Request No. 7 as narrowed by the court. Document Request Nos. 14 and 16: The court ordered counsel to confer by February 11, 2022 regarding search terms that would encompass the creation and development of the inventions described in the Asserted Patents. Nespresso's motion to compel is GRANTED to this extent. Document Request No. 33: The parties may file second supplemental memoranda on or before January 27, 2022. Other Matters: K-fee agreed to provide the identity of the proposed Swiss Commissioner to defense counsel today for purposes of the Letter of Request. (See Dkt. Nos. 52, 68.) The court will issue a separate order on the miscellaneous matter. (see document for further details) Court Recorder: CS 01/20/2022. (hr) (Entered: 01/21/2022)
1/20/2022ORDER by Judge George H. Wu: granting 69 Non-Resident Attorney Wade G Perrin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff K-Fee System GmbH, designating Yuri Mikulka as local counsel. (bm) (Entered: 01/20/2022)
1/19/2022 BRIEF filed by Defendant Nespresso USA, Inc.. Nespresso's Opening Claim Construction Brief (Attachments: # 1 Decl. of C. Ranney, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Barsky, Wayne) (Entered: 01/19/2022)
1/19/2022 BRIEF filed by Plaintiff K-fee System GmbH. K-fee's Opening Claim Construction Brief (Attachments: # 1 Expert Declaration of William Singhose, # 2 Declaration of Yuri Mikulka, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Mikulka, Yuri) (Entered: 01/19/2022)
1/19/2022 APPLICATION of Non-Resident Attorney Wade G. Perrin to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32648506) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 01/19/2022)
1/18/2022MINUTES (In Chambers) FURTHER PROCEEDINGS ON PLAINTIFF'S MOTION FOR ISSUANCE OF LETTER OF REQUEST by Magistrate Judge Alicia G. Rosenberg, re: MOTION for Issuance of a Request for Judicial Assistance (Letter of Request) under the Hague Convention of the Taking of Evidence Abroad in Civil or Commercial Matters 52 . IT IS ORDERED that counsel promptly engage in an additional conference to ascertain whether they can agree on a Swiss Commissioner and advise the court regarding the outcome by January 21, 2022. (see document for further details) (hr) (Entered: 01/18/2022)
1/14/2022RESPONSE filed by Defendant Nespresso USA, Inc.to Report 66 Nespresso's Response to K-Fee's Report Re Minute Order Re Plaintiff's Motion for Issuance of Letter of Request (Barsky, Wayne) (Entered: 01/14/2022)
1/13/2022 REPORT of Report re Minute Order re Plaintiff's Motion for Issuance of Letter of Request filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mikulka, Yuri) (Entered: 01/13/2022)
1/12/202265SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg re: NOTICE OF MOTION AND MOTION for Issuance of a Request for Judicial Assistance (Letter of Request) under the Hague Convention of the Taking of Evidence Abroad in Civil or Commercial Matters 52 . At the Court's own motion, the hearing regarding NOTICE OF MOTION AND MOTION FOR ISSUANCE OF A REQUEST FOR JUDICIAL ASSISTANCE (LETTER OF REQUEST) UNDER THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS 52 scheduled for Thursday, January 13, 2022 at 8:30 a.m. PST is hereby VACATED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY (Entered: 01/12/2022)
1/12/202264SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the Court's own motion, the hearing regarding NESPRESSO'S NOTICE OF MOTION TO COMPEL DOCUMENT PRODUCTION 61 scheduled for Thursday, January 20, 2022 at 10:00 a.m. PST will be held by telephone before Magistrate Judge Alicia G. Rosenberg. Participants are to contact Judge Rosenberg's Courtroom Deputy, Karl Lozada, at agr_chambers@cacd.uscourts.gov for the call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 01/12/2022)
1/6/2022MEMORANDUM in Opposition to MOTION to Compel Document Production 61 filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka, # 2 Exhibit A ISO Declaration)(Mikulka, Yuri) (Entered: 01/06/2022)
1/6/2022SUPPLEMENT to MOTION to Compel Document Production 61 Nespresso's Supplemental Memorandum in Support of Motion to Compel Document Production filed by Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 01/06/2022)
12/30/2021 NOTICE OF MOTION AND MOTION to Compel Document Production filed by Defendants and Counterclaimants Nespresso USA, Inc., Nestle Holdings, Inc.. Motion set for hearing on 1/20/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Stipulation, # 2 Declaration of C. Ranney, # 3 Exhibit 1, Ranney Dec., # 4 Exhibit 2, Ranney Dec., # 5 Exhibit 3, Ranney Dec., # 6 Exhibit 4, Ranney Dec., # 7 Exhibit 5, Ranney Dec., # 8 Exhibit 6, Ranney Dec., # 9 Exhibit 7, Ranney Dec.)(Barsky, Wayne) (Entered: 12/30/2021)
12/29/2021NOTICE OF CLERICAL ERROR: Due to clerical error Re: Response By Court to Notice of Deficiencies (G-112B) - optional html form 57 . See Response issued by District Judge Wu on December 27, 2021 (Dkt. No. 58.) (et) (Entered: 12/29/2021)
12/28/2021MINUTES (In Chambers) MINUTE ORDER RE PLAINTIFF'S MOTION FOR ISSUANCE OF LETTER OF REQUEST (Dkt. No. 52 ) by Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that: Counsel for the parties confer on or before January 7, 2022, regarding an appropriate Swiss Commissioner and any other changes to the proposed Letter of Request. Plaintiff revise the proposed Letter of Request with a signature line for Magistrate Judge Alicia G. Rosenberg and any other changes agreed by the parties. (et) (Entered: 12/28/2021)
12/28/2021[NOTICE OF CLERICAL ERROR ISSUED ON 12/29/2021, SEE DOCKET ENTRY NO. 60 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Compel Document Production Nespresso's Notice of Motion to Compel Document Production 54 by Magistrate Judge Alicia G. Rosenberg. The hearing date has been rescheduled. Motion set for hearing on 1/20/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. The hearing will be held by telephone. Participants are to contact Judge Rosenberg's Courtroom Deputy, Karl Lozada, at agr_chambers@cacd.uscourts.gov for the call-in information. (kl) Modified on 12/29/2021 (et). (Entered: 12/28/2021)
12/27/2021RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Compel Document Production Nespresso's Notice of Motion to Compel Document Production 54 by Clerk of Court to Judge George H. Wu. Docket No. 54 is stricken for the reason(s) stated in the Notice 56 filed on December 27, 2021. (jp) (Entered: 12/28/2021)
12/27/2021NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Compel Document Production 54 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Motion should be noticed in front of the Magistrate Judge. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 12/27/2021)
12/23/2021REPLY to NOTICE OF MOTION AND MOTION for Issuance of a Request for Judicial Assistance (Letter of Request) under the Hague Convention of the Taking of Evidence Abroad in Civil or Commercial Matters 52 Nespresso's Response to K-Fees Motion for a Request for Judicial Assistance (Letter of Request) under The Hague Conventions on the Taking of Evidence Abroad in Civil or Commercial Matters filed by Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 12/23/2021)
12/23/2021[DOCUMENT STRICKEN PER DOCKET ENTRY NO. 58 ] - NOTICE OF MOTION AND MOTION to Compel Document Production Nespresso's Notice of Motion to Compel Document Production filed by Defendant Nespresso USA, Inc.. Motion set for hearing on 1/20/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Christine Ranney, # 3 Ex. 1 to Decl. of C. Ranney, # 4 Ex. 2 to Decl. of C. Ranney, # 5 Ex. 3 to Decl. of C. Ranney, # 6 Ex. 4 to Decl. of C. Ranney, # 7 Ex. 5 to Decl. of C. Ranney, # 8 Ex. 6 to Decl. of C. Ranney, # 9 Ex. 7 to Decl. of C. Ranney)(Barsky, Wayne) Modified on 12/29/2021 (jp). (Entered: 12/23/2021)
12/21/2021STATEMENT Joint Claim Construction and Prehearing Statement filed by Plaintiff K-fee System GmbH (Attachments: # 1 Exhibit 1)(Mikulka, Yuri) (Entered: 12/21/2021)
12/16/2021 NOTICE OF MOTION AND MOTION for Issuance of a Request for Judicial Assistance (Letter of Request) under the Hague Convention of the Taking of Evidence Abroad in Civil or Commercial Matters filed by Plaintiff/ Counter-Defendant K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka, # 2 Exhibit A ISO Declaration, # 3 Exhibit B ISO Declaration, # 4 Exhibit C ISO Declaration, # 5 Exhibit D ISO Declaration, # 6 Exhibit E ISO Declaration, # 7 Proposed Letter of Request, # 8 Exhibit 1 ISO Letter of Request, # 9 Exhibit 2 ISO Letter of Request) (Mikulka, Yuri) (Entered: 12/16/2021)
11/9/2021PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 50 . (see document for details) (hr) (Entered: 11/09/2021)
11/2/2021Joint STIPULATION for Protective Order filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Protective Order)(Mikulka, Yuri) (Entered: 11/02/2021)
9/21/2021ORDER GRANTING JOINT STIPULATION TO ADJUST CASE SCHEDULE by Judge George H. Wu, re Stipulation for Order 48 . The Markman-related deadlines set forth in the Court's Scheduling Order (Dkt. 41) are amended as follows: Event Current Deadline New Deadline Exchange Proposed Claim Terms for Construction is November 2, 2021; Exchange Proposed Constructions is November 9, 2021; Expert Reports is November 23, 2021; Close of Claim Construction Discovery is December 7, 2021; Joint Statement is December 21, 2021. (mrgo) (Entered: 09/22/2021)
9/20/2021Joint STIPULATION for Order Adjust Case Schedule filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order)(Barsky, Wayne) (Entered: 09/20/2021)
8/26/2021MINUTE ORDER (IN CHAMBERS) GRANTING MOTION TO ADJUST CASE SCHEDULE; VACATING HEARING by Judge George H. Wu re: 42 MOTION to Amend/Correct NOTICE OF MOTION AND MOTION to Adjust Case Schedule 42 . The Court has reviewed the motion, Opposition, and Reply papers and concludes that oral argument is unnecessary. See C.D. Cal. L.R. 7-15. The hearing set for September 2, 2021 on this motion is therefore vacated. In line with the foregoing, the Markman hearing in this matter is continued to March 3, 2022, at 8:30 a.m. (See document for details) (mrgo) (Entered: 08/27/2021)
8/19/2021REPLY in support of NOTICE OF MOTION AND MOTION to Adjust Case Schedule 42 filed by Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 08/19/2021)
8/12/2021ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT NESTL HOLDINGS, INC. by Judge George H. Wu, re Stipulation to Dismiss Party 43 . The Court dismisses NESTL HOLDINGS, INC. without prejudice. Nestle Holdings, Inc. terminated. (mrgo) (Entered: 08/12/2021)
8/12/2021 Opposition re: NOTICE OF MOTION AND MOTION to Adjust Case Schedule 42 filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka)(Mikulka, Yuri) (Entered: 08/12/2021)
8/10/2021 STIPULATION to Dismiss Defendant Nestle Holdings, Inc. filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order)(Mikulka, Yuri) (Entered: 08/10/2021)
8/5/2021 NOTICE OF MOTION AND MOTION to Adjust Case Schedule filed by Defendant Nespresso USA, Inc., Nestle Holdings, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order) (Barsky, Wayne) (Entered: 08/05/2021)
7/23/2021MINUTE ORDER IN CHAMBERS by Judge George H. Wu. The Court has read the parties' Joint Rule 26(f) Report and finds it can set the schedule in this matter without hearing further presentations of the parties. The Court will only set dates up to the Markman Hearing. Therefore, the Court takes the July 26, 2021, scheduling conference off calendar pursuant to C.D.Cal. L.R. 7-15, and sets the following dates: (see document for details). (mrgo) (Entered: 07/23/2021)
7/13/2021ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT NESTLE S.A. ONLY 38 by Judge George H. Wu. The Joint Stipulation is Approved. The Court dismisses Nestle S.A. without prejudice. (et) (Entered: 07/13/2021)
7/12/2021JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff K-fee System GmbH.. (Attachments: # 1 Exhibit A)(Mikulka, Yuri) (Entered: 07/12/2021)
7/9/2021 STIPULATION to Dismiss Defendant Nestle S.A. filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order)(Mikulka, Yuri) (Entered: 07/09/2021)
7/7/2021NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim, 36 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): INCORRECT Judge's initials as "AG". 4/26/21 order of reassignment was to Judge George H. Wu, whose initials are "GW". Official case number is to read as: 2:21-cv-03402 GW(AGRx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 07/07/2021)
7/7/2021 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 26 with JURY DEMAND Plaintiff and Counter-Defendant K-Fee System GmbH's Answer to Counterclaims filed by Plaintiff and Counter-Defendant K-fee System GmbH.(Mikulka, Yuri) (Entered: 07/07/2021)
6/29/2021ORDER by Judge George H. Wu: granting 30 Request to Substitute Attorney. Yuri Mikulka is substituted in place of attorney Alan P. Block for Plaintiff K-fee System GmbH. Attorney Alan P. Block terminated. (mrgo) (Entered: 06/30/2021)
6/29/2021ORDER by Judge George H. Wu: granting 31 Request to Substitute Attorney. Yuri Mikulka is substituted in place of attorney Ashley N. Moore, Abigail E. Clark for Plaintiff K-fee System GmbH. Attorney Abigail E. Clark and Ashley N. Moore terminated. (mrgo) (Entered: 06/30/2021)
6/29/2021Notice of Appearance or Withdrawal of Counsel: for attorney Caleb J Bean counsel for Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Caleb J. Bean as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by Plaintiff K-fee System GmbH. (Attorney Caleb J Bean added to party K-fee System GmbH(pty:cd), Attorney Caleb J Bean added to party K-fee System GmbH(pty:pla))(Bean, Caleb) (Entered: 06/29/2021)
6/29/2021NOTICE of Change of Attorney Business or Contact Information: for attorney Theodore Stevenson, III counsel for Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. Changing firm name to Alston & Bird LLP, 2200 Ross Avenue, Suite 2300, Dallas, TX 75201. Changing e-mail to ted.stevenson@alston.com. Filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH. (Stevenson, Theodore) (Entered: 06/29/2021)
6/29/2021 REQUEST TO SUBSTITUTE ATTORNEY Yuri Mikulka in place of attorney Ashley N. Moore, Abigail E. Clark filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 06/29/2021)
6/29/2021 REQUEST TO SUBSTITUTE ATTORNEY Yuri Mikulka in place of attorney Alan P. Block filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Attorney Yuri Mikulka added to party K-fee System GmbH(pty:cd), Attorney Yuri Mikulka added to party K-fee System GmbH(pty:pla)) (Mikulka, Yuri) (Entered: 06/29/2021)
6/21/2021CORPORATE DISCLOSURE STATEMENT AND CERTIFICATION OF INTERESTED PARTIES filed by Counter Claimant Nespresso USA, Inc., Defendants Nespresso USA, Inc., Nestle Holdings, Inc. identifying Nestle S.A. as Corporate Parent. (Barsky, Wayne) (Entered: 06/21/2021)
6/17/2021NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim 26 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) (Entered: 06/17/2021)
6/17/2021MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Rule 26 Meeting Report due by 7/12/2021. Scheduling Conference set for 7/26/2021 at 08:30 AM before Judge George H. Wu.) (mrgo) (Entered: 06/17/2021)
6/16/2021ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND , COUNTERCLAIM against K-fee System GmbH filed by Defendant Nestle Holdings, Inc., Nespresso USA, Inc..(Barsky, Wayne) (Entered: 06/16/2021)
5/18/2021Notice of Appearance or Withdrawal of Counsel: for attorney Wayne Mitchell Barsky counsel for Defendants Nespresso USA, Inc., Nestle Holdings, Inc.. Adding Wayne Mitchell Barsky as counsel of record for Nespresso USA, Inc. and Nestle Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by defendants Nespresso USA, Inc. and Nestle Holdings, Inc.. (Attorney Wayne Mitchell Barsky added to party Nespresso USA, Inc.(pty:dft), Attorney Wayne Mitchell Barsky added to party Nestle Holdings, Inc.(pty:dft))(Barsky, Wayne) (Entered: 05/18/2021)
5/14/2021 STIPULATION Extending Time to Answer the complaint as to Nestle Holdings, Inc. answer now due 6/16/2021; Nespresso USA, Inc. answer now due 6/16/2021, filed by Defendant Nestle Holdings, Inc.; Nespresso USA, Inc..(Hsin, Yu-Chieh) (Entered: 05/14/2021)
5/14/2021 NOTICE of Appearance filed by attorney Yu-Chieh Ernest Hsin on behalf of Defendants Nespresso USA, Inc., Nestle Holdings, Inc. (Attorney Yu-Chieh Ernest Hsin added to party Nespresso USA, Inc.(pty:dft), Attorney Yu-Chieh Ernest Hsin added to party Nestle Holdings, Inc.(pty:dft))(Hsin, Yu-Chieh) (Entered: 05/14/2021)
4/30/2021NOTICE of Lawsuit and Request for Waiver of Service of Summons filed by Plaintiff K-fee System GmbH. (Block, Alan) (Entered: 04/30/2021)
4/29/2021PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Nespresso USA, Inc. served on 4/27/2021, answer due 5/18/2021. Service of the Summons and Complaint were executed upon Gina Martinez, CT Corporation, Register Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Block, Alan) (Entered: 04/29/2021)
4/29/2021PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Nestle Holdings, Inc. served on 4/26/2021, answer due 5/17/2021. Service of the Summons and Complaint were executed upon Daisy Montenegro, CT Corporation, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Block, Alan) (Entered: 04/29/2021)
4/27/2021ORDER by Judge George H. Wu: granting 11 Non-Resident Attorney Theodore Stevenson APPLICATION to Appear Pro Hac Vice on behalf of plaintiff K-fee System GmbH, designating Alan P. Block as local counsel. (mrgo) (Entered: 04/28/2021)
4/27/2021ORDER by Judge George H. Wu: granting 10 Non-Resident Attorney Ashley N. Moore APPLICATION to Appear Pro Hac Vice on behalf of plaintiff K-fee System GmbH, designating Alan P. Block as local counsel. (mrgo) (Entered: 04/28/2021)
4/27/2021ORDER by Judge George H. Wu: granting 9 Non-Resident Attorney Abigail E. Clark APPLICATION to Appear Pro Hac Vice on behalf of plaintiff K-fee System GmbH, designating Alan P. Block as local counsel. (mrgo) (Entered: 04/28/2021)
4/27/2021STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See document for details) (mrgo) (Entered: 04/27/2021)
4/26/2021NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Michael W. Fitzgerald. Case transferred from Judge Michael W. Fitzgerald to Judge George H. Wu for all further proceedings. Case number now reads 2:21-cv-03402 GW(AGRx). (rn) (Entered: 04/26/2021)
4/23/2021 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Nespresso USA, Inc., Nestle Holdings, Inc. and Nestle S.A. (Attachments: # 1 Nestle Holdings, # 2 Nestle SA) (jtil) (Entered: 04/23/2021)
4/23/2021NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 04/23/2021)
4/23/2021NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alicia G. Rosenberg. (jtil) (Entered: 04/23/2021)
4/22/2021 APPLICATION of Non-Resident Attorney Theodore Stevenson III to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31161959) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Proposed Order) (Block, Alan) (Entered: 04/22/2021)
4/22/2021 APPLICATION of Non-Resident Attorney Ashley N. Moore to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31161887) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Proposed Order) (Block, Alan) (Entered: 04/22/2021)
4/22/2021 APPLICATION of Non-Resident Attorney Abigail E. Clark to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31161586) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Proposed Order) (Block, Alan) (Entered: 04/22/2021)
4/21/2021Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff K-fee System GmbH. (Block, Alan) (Entered: 04/21/2021)
4/21/2021Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff K-fee System GmbH. (Block, Alan) (Entered: 04/21/2021)
4/21/2021Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff K-fee System GmbH. (Block, Alan) (Entered: 04/21/2021)
4/21/2021REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by K-fee System GmbH. (Block, Alan) (Entered: 04/21/2021)
4/21/2021CORPORATE DISCLOSURE STATEMENT for K-fee System GmbH filed by Plaintiff K-fee System GmbH identifying Kruger GmbH & Co. KG as Corporate Parent. (Block, Alan) (Entered: 04/21/2021)
4/21/2021 Certification and NOTICE of Interested Parties filed by Plaintiff K-fee System GmbH, identifying Kruger GmbH & Co. KG. (Block, Alan) (Entered: 04/21/2021)
4/21/2021 CIVIL COVER SHEET filed by Plaintiff K-fee System GmbH. (Block, Alan) (Entered: 04/21/2021)
4/21/2021COMPLAINT Receipt No: ACACDC-31157852 - Fee: $402, filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Attorney Alan P. Block added to party K-fee System GmbH(pty:pla))(Block, Alan) (Entered: 04/21/2021)