Case 4:17-cv-03745-PJH Document 16 Filed 06/29/17 Page 1 of 3
`CLOSED,CASREF,PATENT
`
`U.S. District Court
`District of Delaware (Wilmington)
`CIVIL DOCKET FOR CASE #: 1:17−cv−00051−LPS−CJB
`
`Fisher−Price, Inc. et al v. Dynacraft BSC, Inc.
`Assigned to: Judge Leonard P. Stark
`Referred to: Judge Christopher J. Burke
`Cause: 35:145 Patent Infringement
`
`Plaintiff
`
`Fisher−Price, Inc.
`
`Plaintiff
`
`Mattel, Inc.
`
`V.
`
`Defendant
`
`Dynacraft BSC, Inc.
`
`Date Filed: 01/17/2017
`Date Terminated: 06/28/2017
`Jury Demand: Plaintiff
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`represented by Karen L. Pascale
`Young, Conaway, Stargatt & Taylor LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571−6600
`Email: kpascale@ycst.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Pilar Gabrielle Kraman
`Young, Conaway, Stargatt & Taylor LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 576−3586
`Email: pkraman@ycst.com
`ATTORNEY TO BE NOTICED
`
`represented by Karen L. Pascale
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Pilar Gabrielle Kraman
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by John C. Phillips , Jr.
`Phillips, Goldman, McLaughlin & Hall, P.A.
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 655−4200
`Email: jcp@pgmhlaw.com
`LEAD ATTORNEY
`
`

`

`Case 4:17-cv-03745-PJH Document 16 Filed 06/29/17 Page 2 of 3
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`# Docket Text
`
`01/17/2017
`
`01/17/2017
`
`01/17/2017
`
`01/17/2017
`
`Ï 1 COMPLAINT filed with Jury Demand against Dynacraft BSC, Inc. − Magistrate Consent Notice to
`Pltf. ( Filing fee $ 400, receipt number 0311−2066590.) − filed by Mattel, Inc., Fisher−Price, Inc..
`(Attachments: # 1 Exhibit A−I, # 2 Civil Cover Sheet)(jcs) (Entered: 01/18/2017)
`
`Ï 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) (Entered:
`01/18/2017)
`
`Ï 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. No.
`7,222,684; U. S. No. 7,487,850; U.S. No. 7,621,543; U.S. No. 7,950,978. (jcs) (Entered:
`01/18/2017)
`
`Ï 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Mattel, Inc. for
`Fisher−Price, Inc. Mattel, Inc. has no corporate parent(s). filed by Fisher−Price, Inc., Mattel, Inc.
`(jcs) Modified on 1/18/2017 (jcs). (Entered: 01/18/2017)
`
`01/18/2017
`
`Ï No Summons Issued. (jcs) (Entered: 01/18/2017)
`
`01/25/2017
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`01/31/2017
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`02/07/2017
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`02/07/2017
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`04/12/2017
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`04/18/2017
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`04/26/2017
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`04/26/2017
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`Ï Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the
`case number on all documents filed. (rjb) (Entered: 01/25/2017)
`
`Ï 5 ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for
`Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT
`IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a
`Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay,
`and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed,
`are referred to Judge Burke for disposition or report and recommendation, to the full extent
`permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this
`Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's
`website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 1/31/17. (ntl)
`(Entered: 01/31/2017)
`
`Ï 6 PROPOSED ORDER − Procedures Order − by Fisher−Price, Inc., Mattel, Inc.. (Pascale, Karen)
`(Entered: 02/07/2017)
`
`Ï SO ORDERED D.I. 6 Proposed Procedures Order filed by Mattel, Inc., Fisher−Price, Inc. Ordered
`by Judge Christopher J. Burke on 2/7/2017. (dlk) (Entered: 02/07/2017)
`
`Ï Summons Issued with Magistrate Consent Notice attached as to Dynacraft BSC, Inc. on 4/12/2017.
`(lmm) (Entered: 04/12/2017)
`
`Ï 7 SUMMONS Returned Executed by Mattel, Inc., Fisher−Price, Inc.. Dynacraft BSC, Inc. served on
`4/14/2017, answer due 5/5/2017. (Pascale, Karen) (Entered: 04/18/2017)
`
`Ï 8 MOTION for Extension of Time to answer, move or otherwise respond to the Complaint
`[Unopposed] − filed by Fisher−Price, Inc., Mattel, Inc.. (Attachments: # 1 Text of Proposed
`Order)(Pascale, Karen) (Entered: 04/26/2017)
`
`Ï SO ORDERED D.I. 8 MOTION for Extension of Time to answer, move or otherwise respond to the
`Complaint [Unopposed] filed by Mattel, Inc., Fisher−Price, Inc. Ordered by Judge Christopher J.
`Burke on 4/26/2017. (dlk) (Entered: 04/26/2017)
`
`06/05/2017
`
`Ï 9 MOTION to Dismiss for Improper Venue − filed by Dynacraft BSC, Inc.. (Attachments: # 1 Text of
`Proposed Order)(Phillips, John) (Entered: 06/05/2017)
`
`

`

`06/05/2017
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`Case 4:17-cv-03745-PJH Document 16 Filed 06/29/17 Page 3 of 3
`Ï 10 OPENING BRIEF in Support re 9 MOTION to Dismiss for Improper Venue filed by Dynacraft
`BSC, Inc..Answering Brief/Response due date per Local Rules is 6/19/2017. (Phillips, John)
`(Entered: 06/05/2017)
`
`06/05/2017
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`Ï 11 DECLARATION re 10 Opening Brief in Support of David Castrucci by Dynacraft BSC, Inc..
`(Phillips, John) (Entered: 06/05/2017)
`
`06/05/2017
`
`Ï ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in
`person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management
`Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly
`file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware
`Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's
`Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains
`the following: (a) a description of what this case is about; (b) the parties' positions regarding the
`disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other
`than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along
`with a brief description as to what was discussed as to those topics. Thereafter, the Court will
`schedule an in−person Case Management Conference/Rule 16 Scheduling Conference to be held
`with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can
`be found on this Court's website (www.ded.uscourts.gov/judge/chief−judge−leonard−p−stark).
`Ordered by Judge Christopher J. Burke on 6/5/2017. (dlb) (Entered: 06/05/2017)
`
`06/19/2017
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`Ï 12 RESPONSE to Motion re 9 MOTION to Dismiss for Improper Venue filed by Fisher−Price, Inc.,
`Mattel, Inc.. (Pascale, Karen) (Entered: 06/19/2017)
`
`06/19/2017
`
`Ï ORAL ORDER: The Court having reviewed Plaintiffs' Response to Defendant's Motion to Dismiss
`or in the Alternative to Transfer, (D.I. 12 ), IT IS HEREBY ORDERED that by no later than Friday,
`June 23, 2017, the parties shall submit a joint letter of no more than two (2) single−spaced pages,
`informing the Court: (1) whether there remains a dispute between the parties, or whether the parties
`jointly agree that this case should be transferred to the United States District Court for the Northern
`District of California (the "Northern District of California"); and (2) if the parties agree that the case
`should be transferred, whether they waive any right to object to a Report and Recommendation
`recommending transfer to the Northern District of California. Ordered by Judge Christopher J.
`Burke on 6/19/2017. (mlc) (Entered: 06/19/2017)
`
`06/20/2017
`
`Ï 13 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to Your
`Honor's June 19, 2017 oral order − re Oral Order,,,. (Phillips, John) (Entered: 06/20/2017)
`
`06/20/2017
`
`06/26/2017
`
`Ï 14 REPORT AND RECOMMENDATION recommending GRANTING−IN−PART AND
`DENYING−IN−PART D.I. 9 MOTION to Dismiss for Improper Venue filed by Dynacraft BSC,
`Inc. Signed by Judge Christopher J. Burke on 6/20/2017. (mlc) (Entered: 06/20/2017)
`
`Ï 15 ORDER re 14 REPORT AND RECOMMENDATION is ADOPTED; 9 MOTION to Dismiss for
`Improper Venue filed by Dynacraft BSC, Inc. is GRANTED in part and DENIED in part and this
`case is transferred to the Northern District of California. Signed by Judge Leonard P. Stark on
`6/26/17. (ntl) (Entered: 06/26/2017)
`
`06/28/2017
`
`Ï Case electronically transferred to Northern District of California. (ntl) (Entered: 06/28/2017)
`
`