Swirlate IP LLC v. Quantela, Inc.

1:22-cv-00235 | Delaware District Court

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Division Wilmington
Judge Judge Colm F. Connolly
Filed Feb. 24, 2022
Case Flags STAYED and PATENT
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
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8 Weeks
  • 5/19/2025
Unless otherwise agreed to by the parties, trial in this case shall begin May 19, 2025.
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Filing Date # Docket Text
8/28/2024 MEMORANDUM ORDER: 1. Swirlate shall submit to the Court no later than September 6, 2024 an unredacted version of the document production it submitted to the Court on March 14, 2024 and any responsive documents it withheld from that March 14, 2024 production. 2. The Court will convene a hearing in Courtroom 4B on September 18, 2024 at 1:00 p.m. to address its concerns that counsel for Swirlate may have failed to comply with the Rules of Professional Conduct; that real parties in interes t, such as IP Edge and Mavexar, may have been hidden from the Court and the defendants; and that Swirlate, its counsel, and those real parties in interest may have perpetrated a fraud on the Court. Dina Gamez and David Bennett shall attend the hearing in person. Signed by Judge Colm F. Connolly on 8/28/2024. Associated Cases: 1:22-cv-00235-CFC, 1:22-cv-00249-CFC(nmf)
3/14/2024Letter
3/14/2024Notice - Other
2/15/2024 MEMORANDUM ORDER. Plaintiff's Motion for Clarification and/or Modification of the Court's January 23, 2024 order and a Request for Extension is GRANTED IN PART AND DENIED IN PART. It is FURTHER ORDERED that this Memorandum Order modifies a nd supersedes the January 23, 2024 Memorandum Order and that any relief sought by the Motion not explicitly addressed by the modified provisions is denied. Swirlate is granted leave to submit under seal responsive documents that it has good cause to believe should be submitted under seal. Signed by Judge Colm F. Connolly on 2/15/2024. Associated Cases: 1:22-cv-00235-CFC, 1:22-cv-00249-CFC(kmd)
1/23/2024 MEMORANDUM ORDER: Plaintiff shall produce to the Court no later than February 22, 2024 copies of the documents and communications listed in this order that are in the possession, custody, and control of Swirlate IP LLC, Dina Gamez, David R. Bennett, Direction IP Law, Jimmy Chong, and the Chong Law Firm. Signed by Judge Colm F. Connolly on 1/23/2024. (nmf)
1/17/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Hearing held on 1/17/2024. (Court Reporter Bonnie Archer.) (nmf) (Entered: 01/17/2024)
12/28/2023ORDER Setting Hearings: A Hearing is set for 1/17/2024 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly. Mr. Chong and Mr. Bennett shall appear in person and be prepared to address the Court's concern. Signed by Judge Colm F. Connolly on 12/28/2023. (nmf) (Entered: 12/28/2023)
12/1/2022Remark: The 12/6/2022 Evidentiary Hearing is canceled per the Court's Order staying the case. Associated Cases: 1:22-cv-00235-CFC, 1:22-cv-00249-CFC(nmf) (Entered: 12/01/2022)
12/1/2022ORAL ORDER: In the interests of judicial economy, it is HEREBY ORDERED that the case is STAYED until such time as the Federal Circuit terminates the stay it issued in connection with the Petition for a Writ of Mandamus filed in In re Nimitz Technologies LLC, Appeal No. 23-103 (Fed. Cir.). Ordered by Judge Colm F. Connolly on 12/1/2022. (nmf) (Entered: 12/01/2022)
11/18/2022 MOTION to Stay - filed by Swirlate IP LLC. (Attachments: # 1 Text of Proposed Order)(Chong, Jimmy) (Entered: 11/18/2022)
10/25/2022STIPULATION of Dismissal by Swirlate IP LLC. (Chong, Jimmy) (Entered: 10/25/2022)
10/5/2022NOTICE OF SERVICE of Plaintiff's Infringement Contentions filed by Swirlate IP LLC.(Chong, Jimmy) (Entered: 10/05/2022)
9/26/2022PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 9/26/2022. (kmd) (Entered: 09/26/2022)
9/23/2022 PROPOSED ORDER Proposed Protective Order by Swirlate IP LLC. (Chong, Jimmy) (Entered: 09/23/2022)
9/20/2022NOTICE OF SERVICE of Plaintiff's Rule 26(a) Initial Disclosures filed by Swirlate IP LLC.(Chong, Jimmy) (Entered: 09/20/2022)
9/19/2022Pro Hac Vice Attorney Neil J. McNabnay, Ricardo J. Bonilla, and Aaron P. Pirouznia for Quantela, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d). Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) (Entered: 09/19/2022)
9/16/2022 Letter to The Honorable Colm F. Connolly from Jimmy Chong and David R. Bennett regarding In response to Court's Memorandum Order - re (22 in 1:22-cv-00235-CFC, 22 in 1:22-cv-00235-CFC, 26 in 1:22-cv-00249-CFC, 26 in 1:22-cv-00249-CFC) Memorandum and Order,, Set Hearings,. (Chong, Jimmy) (Entered: 09/16/2022)
9/12/2022MEMORANDUM ORDER Setting Hearings: An Evidentiary Hearing is set for 12/6/2022 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly to determine whether the amended corporate disclosure statements and notices of compliance with the Court's standing orders are accurate. The following individuals shall attend the hearing in person: Jimmy Chong; David Bennett; and Dina Gamez. Signed by Judge Colm F. Connolly on 9/12/2022. (nmf) (Entered: 09/12/2022)
9/12/2022SCHEDULING ORDER: Joinder of Parties due by 12/6/2022. Amended Pleadings due by 12/6/2022. Fact Discovery completed by 12/15/2023. Expert Discovery due by 4/12/2024. Dispositive Motions due by 5/10/2024. Answering Brief due 6/7/2024. Reply Brief due 6/21/2024. Joint Claim Construction Brief due by 4/28/2023. A Markman Hearing is set for 6/7/2023 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Proposed Pretrial Order due by 10/10/2024. A Final Pretrial Conference is set for 10/31/2024 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly in 22-235-CFC. A Final Pretrial Conference is set for 10/31/2024 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly in 22-249-CFC. A Jury Trial is set for 11/12/2024 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 9/12/2022. (nmf) (Entered: 09/12/2022)
8/30/2022SO ORDERED, re 20 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, and Aaron P. Pirouznia, filed by Quantela, Inc. Ordered by Judge Colm F. Connolly on 8/30/2022. (kmd) (Entered: 08/30/2022)
8/30/2022MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, and Aaron P. Pirouznia - filed by Quantela, Inc.. (Anderson, Jeremy) (Entered: 08/30/2022)
8/29/2022The 8/30/2022 Rule 16 Scheduling Conference is canceled. Associated Cases: 1:22-cv-00235-CFC, 1:22-cv-00249-CFC(nmf) (Entered: 08/29/2022)
8/26/2022 PROPOSED ORDER Proposed Scheduling Order by Swirlate IP LLC. (Chong, Jimmy) (Entered: 08/26/2022)
8/22/2022 STATEMENT Concerning Third-Party Litigation Funding Arrangements by Quantela, Inc.. (Anderson, Jeremy) (Entered: 08/22/2022)
8/19/2022 NOTICE of Compliance with Standing Orders by Swirlate IP LLC re Oral Order, (Attachments: # 1 Affidavit)(Chong, Jimmy) (Entered: 08/19/2022)
8/18/2022AMENDED DOCUMENT by Swirlate IP LLC. Amendment to 11 Disclosure Statement . (Chong, Jimmy) (Entered: 08/18/2022)
8/16/2022ORAL ORDER: It is HEREBY ORDERED that each party shall certify by a sworn declaration filed with the Court no later than August 22, 2022 that it has complied with the Court's April 18, 2022 Standing Order Regarding Third-Party Litigation Funding Arrangements and with the Court's April 18, 2022 Standing Order Regarding Disclosure Statements Required by Federal Rule of Civil Procedure 7.1. Ordered by Judge Colm F. Connolly on 8/16/2022. (nmf) (Entered: 08/16/2022)
7/20/2022Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 8/30/2022 at 11:30 AM Telephonically before Judge Colm F. Connolly. Unless otherwise agreed to by the parties, trial in this case shall begin May 19, 2025. If the parties have no disputes about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 7/20/2022. (nmf) (Entered: 07/20/2022)
7/8/2022 NOTICE of Coordination by Swirlate IP LLC re (11 in 1:22-cv-00234-CFC, 11 in 1:22-cv-00234-CFC, 12 in 1:22-cv-00249-CFC, 12 in 1:22-cv-00249-CFC, 12 in 1:22-cv-00235-CFC, 12 in 1:22-cv-00235-CFC, 23 in 1:21-cv-01499-CFC, 23 in 1:21-cv-01499-CFC) Order,,, Set Deadlines,, (Chong, Jimmy) (Entered: 07/08/2022)
6/10/2022 ANSWER to 9 Answer to Complaint, Counterclaim by Swirlate IP LLC.(Chong, Jimmy) (Entered: 06/10/2022)
6/6/2022ORDER: IT IS ORDERED that, on or before July 8, 2022, counsel for plaintiff shall inform the court as to whether the need for coordinated discovery and/or Markman proceedings is anticipated as to these cases and, if so, when a joint scheduling conference might most efficiently be conducted. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 7/8/2022.) Signed by Judge Colm F. Connolly on 6/6/2022. Associated Cases: 1:21-cv-01499-CFC, 1:22-cv-00234-CFC, 1:22-cv-00235-CFC, 1:22-cv-00249-CFC(nmf) (Entered: 06/06/2022)
5/20/2022Amended Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Swirlate IP LLC. (Chong, Jimmy) (Entered: 05/20/2022)
5/20/2022 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Quantela, Inc.. (Anderson, Jeremy) (Entered: 05/20/2022)
5/20/2022 ANSWER to 1 Complaint, with Jury Demand and, COUNTERCLAIM against Swirlate IP LLC by Quantela, Inc..(Anderson, Jeremy) (Entered: 05/20/2022)
4/22/2022SO ORDERED, re 8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to May 22, 2022, filed by Quantela, Inc. Reset Answer Deadlines: Quantela, Inc. answer due 5/22/2022. Ordered by Judge Colm F. Connolly on 4/22/2022. (kmd) (Entered: 04/22/2022)
4/22/2022 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to May 22, 2022 - filed by Quantela, Inc.. (Anderson, Jeremy) (Entered: 04/22/2022)
3/8/2022 SUMMONS Returned Executed by Swirlate IP LLC. Quantela, Inc. served on 3/2/2022, answer due 3/23/2022. (Chong, Jimmy) (Entered: 03/08/2022)
3/7/2022Pro Hac Vice Attorney David R. Bennett for Swirlate IP LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:22-cv-00234-CFC, 1:22-cv-00235-CFC, 1:22-cv-00237-CFC, 1:22-cv-00249-CFC(srs) (Entered: 03/07/2022)
3/7/2022SO ORDERED, re 6 MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett, filed by Swirlate IP LLC.Ordered by Judge Colm F. Connolly on 3/7/2022. Associated Cases: 1:22-cv-00234-CFC, 1:22-cv-00235-CFC, 1:22-cv-00237-CFC, 1:22-cv-00249-CFC(kmd) (Entered: 03/07/2022)
3/4/2022MOTION for Pro Hac Vice Appearance of Attorney David R. Bennett - filed by Swirlate IP LLC. (Attachments: # 1 Affidavit)(Chong, Jimmy) (Entered: 03/04/2022)
3/2/2022Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:22-cv-00234-CFC, 1:22-cv-00235-CFC, 1:22-cv-00237-CFC, 1:22-cv-00249-CFC (rjb) (Entered: 03/02/2022)
2/24/2022Summonses Issued (please complete the top portion of the form and print out for use/service). (srs) (Entered: 02/24/2022)
2/24/2022 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Swirlate IP LLC. (srs) (Entered: 02/24/2022)
2/24/2022Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,154,961 ;7,567,622. (srs) (Entered: 02/24/2022)
2/24/2022Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) (Entered: 02/24/2022)
2/24/2022COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Quantela, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3810483.) - filed by Swirlate IP LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Related Cases)(srs) (Entered: 02/24/2022)