Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 1 of 8
`
`U.S. District Court [LIVE]
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE #: 6:20−cv−00081−ADA
`
`PATENT
`
`H−E−B, LP v. Wadley Holdings, LLC, dba nICE Coolers et al
`Assigned to: Judge Alan D Albright
`Cause: 35:100 Patent Infringement
`
`Date Filed: 01/31/2020
`Jury Demand: Both
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`Date Filed
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`# Docket Text
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`01/31/2020
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`01/31/2020
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`01/31/2020
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`01/31/2020
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`01/31/2020
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`01/31/2020
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`01/31/2020
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`01/31/2020
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`02/01/2020
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`02/01/2020
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`02/03/2020
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`02/03/2020
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`02/03/2020
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`02/03/2020
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`1 COMPLAINT ( Filing fee $ 400 receipt number 0542−13153006). No Summons
`requested at this time, filed by H−E−B, LP. (Attachments: # 1 Civil Cover
`Sheet)(Millikan, Thomas) (Entered: 01/31/2020)
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`2 REQUEST FOR ISSUANCE OF SUMMONS by H−E−B, LP. to Wadley Holdings,
`LLC, d.b.a. nICE Coolers (Millikan, Thomas) (Entered: 01/31/2020)
`
`3 REQUEST FOR ISSUANCE OF SUMMONS by H−E−B, LP. to Southern Sales &
`Marketing Group, Inc. (Millikan, Thomas) (Entered: 01/31/2020)
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`4 REQUEST FOR ISSUANCE OF SUMMONS by H−E−B, LP. to Ningbo Kuer Plastic
`Technology Co., Ltd. (Millikan, Thomas) (Entered: 01/31/2020)
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`5 REQUEST FOR ISSUANCE OF SUMMONS by H−E−B, LP. to Ningbo Kuer Kayak
`Co., Ltd. (Millikan, Thomas) (Entered: 01/31/2020)
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`6 REQUEST FOR ISSUANCE OF SUMMONS by H−E−B, LP. to Ningbo Kuer
`Outdoor Products Co., Ltd. (Millikan, Thomas) (Entered: 01/31/2020)
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`7 REQUEST FOR ISSUANCE OF SUMMONS by H−E−B, LP. to The Home Depot,
`Inc. (Millikan, Thomas) (Entered: 01/31/2020)
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`8 NOTICE Report on the Filing or Determination of an Action Regarding a Patent or
`Trademark by H−E−B, LP (Millikan, Thomas) (Entered: 01/31/2020)
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`9 MOTION to Appear Pro Hac Vice by Thomas N. Millikan for Joseph P. Reid ( Filing
`fee $ 100 receipt number 0542−13153065) by on behalf of H−E−B, LP. (Attachments:
`# 1 Proposed Order)(Millikan, Thomas) (Entered: 02/01/2020)
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`10 MOTION to Appear Pro Hac Vice by Thomas N. Millikan for Kyle R. Canavera (
`Filing fee $ 100 receipt number 0542−13153066) by on behalf of H−E−B, LP.
`(Attachments: # 1 Proposed Order)(Millikan, Thomas) (Entered: 02/01/2020)
`
`Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE
`INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE
`INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN
`THIS CASE. (am) (Entered: 02/03/2020)
`
`11 Summons Issued as to Wadley Holdings, LLC, dba nICE Coolers. (am) (Entered:
`02/03/2020)
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`12 Summons Issued as to Southern Sales & Marketing Group, Inc.. (am) (Entered:
`02/03/2020)
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`13 Summons Issued as to Ningbo Kuer Plastic Technology Co., Ltd.. (am) (Entered:
`02/03/2020)
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`02/03/2020
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`14 Summons Issued as to Ningbo Kuer Kayak Co., Ltd.. (am) (Entered: 02/03/2020)
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`02/03/2020
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`15 Summons Issued as to Ningbo Kuer Outdoor Products Co., Ltd.. (am) (Entered:
`02/03/2020)
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`02/03/2020
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`16 Summons Issued as to The Home Depot, Inc.. (am) (Entered: 02/03/2020)
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`Intel Exhibit 1023 - 1
`
`

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`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 2 of 8
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`02/03/2020
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`02/03/2020
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`02/08/2020
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`02/08/2020
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`02/12/2020
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`02/12/2020
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`02/12/2020
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`02/21/2020
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`02/22/2020
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`02/24/2020
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`02/25/2020
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`02/26/2020
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`17 Pursuant to the Standing Order Regarding Patent Trademark Cases effective December
`9, 2019, Attorneys filing Patent/Trademark cases in TXWD − Waco Division must
`complete the form AO−120 and e−file upon opening of the case using the event
`NOTICE OF FILING OF PATENT/TRADEMARK FORM. (am) (am). (Entered:
`02/03/2020)
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`18 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the
`Director of the U.S. Patent and Trademark Office. (Millikan, Thomas) (Entered:
`02/03/2020)
`
`Text Order GRANTING 9 Motion to Appear Pro Hac Vice. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion
`for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic
`Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 02/08/2020)
`
`Text Order GRANTING 10 Motion to Appear Pro Hac Vice. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion
`for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic
`Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 02/08/2020)
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`19 SUMMONS Returned Executed by H−E−B, LP. The Home Depot, Inc. served on
`2/4/2020, answer due 2/25/2020. (Millikan, Thomas) (Entered: 02/12/2020)
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`20 SUMMONS Returned Executed by H−E−B, LP. Wadley Holdings, LLC served on
`2/4/2020, answer due 2/25/2020. (Millikan, Thomas) (Entered: 02/12/2020)
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`21 SUMMONS Returned Executed by H−E−B, LP. Southern Sales & Marketing Group,
`Inc. served on 2/4/2020, answer due 2/25/2020. (Millikan, Thomas) (Entered:
`02/12/2020)
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`22 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by The
`Home Depot, Inc.. (Attachments: # 1 Proposed Order)(Selinger, Jerry) (Entered:
`02/21/2020)
`
`Text Order GRANTING 22 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is
`unopposed, the Court GRANTS the Motion. Defendant shall have up to and including
`March 26, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a
`text−only entry generated by the court. There is no document associated with this
`entry.) (jy) (Entered: 02/22/2020)
`
`Reset Deadlines: The Home Depot, Inc. answer due 3/26/2020. (am) (Entered:
`02/24/2020)
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`23 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by
`Southern Sales & Marketing Group, Inc., Wadley Holdings, LLC. (Johnson, Jeffrey)
`(Entered: 02/25/2020)
`
`Text Order GRANTING 23 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Before the Court is Defendants Southern Sales & Marketing Group,
`Inc. and WadleyHoldings, LLC's (Southern Sales Defendants) unopposed motion to
`extend the time by which the Southern Sales Defendants are required to answer or
`otherwise respond to Plaintiff H−E−B, LP's complaint. The Court GRANTS the
`motion. It is therefore ORDERED that the Southern Sales Defendants shall answer or
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`Intel Exhibit 1023 - 2
`
`

`

`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 3 of 8
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`02/26/2020
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`03/23/2020
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`03/24/2020
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`03/24/2020
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`03/25/2020
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`04/15/2020
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`04/16/2020
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`04/16/2020
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`04/17/2020
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`04/18/2020
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`04/20/2020
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`04/21/2020
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`04/23/2020
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`05/07/2020
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`otherwise respond to Plaintiff's complaint by March 26, 2020. (This is a text−only
`entry generated by the court. There is no document associated with this entry.) (jy)
`(Entered: 02/26/2020)
`
`Reset Deadlines: Southern Sales & Marketing Group, Inc. answer due 3/26/2020;
`Wadley Holdings, LLC answer due 3/26/2020. (am) (Entered: 02/26/2020)
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`24 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint (Second
`Unopposed Motion) by The Home Depot, Inc.. (Attachments: # 1 Proposed
`Order)(Selinger, Jerry) (Entered: 03/23/2020)
`
`Text Order GRANTING 24 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Before the Court is Defendant The Home Depot, Inc.'s (THD) second
`unopposed motion to extend the time within which THD is required to answer or
`otherwise respond to Plaintiff's Complaint. The Court GRANTS the motion. It is
`therefore ORDERED that the time in which THD is required to answer or otherwise
`respond to Plaintiff's Complaint be and is extended through and including April 16,
`2020. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 03/24/2020)
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`25 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled
`civil hearings. (tada) (Entered: 03/25/2020)
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`Reset Deadlines: The Home Depot, Inc. answer due 4/16/2020. (am) (Entered:
`03/25/2020)
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`26 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint (Third
`Unopposed Motion) by The Home Depot, Inc.. (Attachments: # 1 Proposed
`Order)(Selinger, Jerry) (Entered: 04/15/2020)
`
`Text Order GRANTING 26 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is
`unopposed, the Court GRANTS the Motion. Defendant shall have up to and including
`May 7, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a
`text−only entry generated by the court. There is no document associated with this
`entry.) (jy) (Entered: 04/16/2020)
`
`Reset Deadlines: The Home Depot, Inc. answer due 5/7/2020. (lad) (Entered:
`04/17/2020)
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`27 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by
`H−E−B, LP. (Attachments: # 1 Proposed Order)(Canavera, Kyle) (Entered:
`04/17/2020)
`
`Text Order GRANTING 27 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Before the Court is Plaintiff's Unopposed Motion for Extension of
`Time within which Defendants Southern Sales & Marketing Group, Inc. and Wadley
`Holdings, LLC (collectively, Southern Sales Defendants) are required to answer or
`otherwise respond to H−E−B's Complaint. The Court GRANTS the motion. It is
`therefore ORDERED that the time in which Southern Sales & Marketing Group, Inc.
`and Wadley Holdings, LLC are required to answer or otherwise respond to H−E−B's
`Complaint be and is extended through and including May 7, 2020. (This is a text−only
`entry generated by the court. There is no document associated with this entry.) (jy)
`(Entered: 04/18/2020)
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`Reset Deadlines: Southern Sales & Marketing Group, Inc. answer due 5/7/2020;
`Wadley Holdings, LLC answer due 5/7/2020. (am) (Entered: 04/20/2020)
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`28 STIPULATION To Substitute Parties And Change Case Caption by H−E−B, LP.
`(Canavera, Kyle) (Entered: 04/21/2020)
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`29 JOINT STIPULATION AND ORDER TO SUBSTITUTE PARTIES AND CHANGE
`CASE CAPTION. Signed by Judge Alan D Albright. (am) (Entered: 04/23/2020)
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`30 ANSWER to 1 Complaint with Jury Demand , COUNTERCLAIM against H−E−B,
`LP by Home Depot U.S.A., Inc., Home Depot Product Authority, LLC.(Selinger,
`Jerry) (Entered: 05/07/2020)
`
`Intel Exhibit 1023 - 3
`
`

`

`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 4 of 8
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`05/07/2020
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`05/27/2020
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`05/28/2020
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`06/12/2020
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`06/13/2020
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`06/15/2020
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`06/17/2020
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`06/17/2020
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`06/17/2020
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`06/17/2020
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`06/17/2020
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`06/19/2020
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`06/19/2020
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`31 RULE 7 DISCLOSURE STATEMENT filed by Home Depot Product Authority, LLC,
`Home Depot U.S.A., Inc.. (Selinger, Jerry) (Entered: 05/07/2020)
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`32 ORDER GOVERNING PROCEEDINGS PATENT CASE, Telephone Conference set
`for 6/19/2020 02:00 PM before Judge Alan D Albright. Signed by Judge Alan D
`Albright. (am) (Entered: 05/27/2020)
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`33 H−E−B's ANSWER to 30 Answer to Complaint, Counterclaim by H−E−B,
`LP.(Canavera, Kyle) (Entered: 05/28/2020)
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`34 MOTION to Appear Pro Hac Vice by Daniel F. Shank ( Filing fee $ 100 receipt
`number 0542−13662435) by on behalf of Southern Sales & Marketing Group, Inc.,
`Wadley Holdings, LLC. (Attachments: # 1 Proposed Order)(Shank, Daniel) (Entered:
`06/12/2020)
`
`Text Order GRANTING 34 Motion to Appear Pro Hac Vice. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion
`for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic
`Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 06/13/2020)
`
`35 Unopposed MOTION for Extension of Time to File Answer THIRD UNOPPOSED
`MOTION FOR EXTENSION OF TIME FOR DEFENDANTS SOUTHERN SALES &
`MARKETING GROUP, INC. AND WADLEY HOLDINGS, LLC TO ANSWER OR
`OTHERWISE RESPOND TO COMPLAINT by Southern Sales & Marketing Group,
`Inc., Wadley Holdings, LLC. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Shank,
`Daniel) (Entered: 06/15/2020)
`
`Text Order GRANTING 35 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Came on for consideration is Defendants Southern Sales &
`Marketing Group, Inc. and Wadley Holdings, LLC's Motion. Noting that it is
`unopposed, the Court GRANTS the Motion. Defendants shall have up to and including
`June 18, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a
`text−only entry generated by the court. There is no document associated with this
`entry.) (jy) (Entered: 06/17/2020)
`
`Reset Deadlines: Southern Sales & Marketing Group, Inc. answer due 6/18/2020. (am)
`(Entered: 06/17/2020)
`
`Reset Deadlines: Wadley Holdings, LLC answer due 6/18/2020. (am) (Entered:
`06/17/2020)
`
`36 MOTION to Withdraw as Attorney for Southern Sales & Marketing Group, Inc. and
`Wadley Holdings, LLC by Southern Sales & Marketing Group, Inc., Wadley Holdings,
`LLC. (Johnson, Jeffrey) (Entered: 06/17/2020)
`
`37 ANSWER to 1 Complaint with Jury Demand and COUNTERCLAIM against H−E−B,
`LP by Southern Sales & Marketing Group, Inc. and Wadley Holdings, LLC.(am)
`(Entered: 06/18/2020)
`
`38 ORDER. Telephone Conference set for 6/19/2020 01:30 PM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (bw) (Entered: 06/19/2020)
`
`39 Minute Entry for proceedings held before Judge Alan D Albright: Telephone
`Conference held on 6/19/2020. Case called for telephonic scheduling conference. The
`parties have reached an agreed Markman Hearing date of November 20, 2020. Parties
`discussed discovery issues and service of foreign defendants. (Minute entry documents
`are not available electronically.). (Court Reporter Kristie Davis.)(am) (Entered:
`06/19/2020)
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`06/20/2020
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`Text Order GRANTING 36 Motion to Withdraw as Attorney. entered by Judge Alan
`D Albright. Before the Court is Defendants Southern Sales & Marketing Group, Inc.
`
`Intel Exhibit 1023 - 4
`
`

`

`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 5 of 8
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`and Wadley Holdings, LLCs unopposed motion to allow Jeffrey L. Johnson to
`withdraw as counsel of record. The Court GRANTS the motion. The Clerk's Office is
`directed to shall remove Jeffrey L. Johnson's name from the case docket, terminate the
`delivery of all notices of electronic filing addressed to jj@orrick.com, and remove Mr.
`Johnson's name from any applicable service lists. (This is a text−only entry generated
`by the court. There is no document associated with this entry.) (jy) (Entered:
`06/20/2020)
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`06/24/2020
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`40 Proposed Scheduling Order by H−E−B, LP. (Canavera, Kyle) (Entered: 06/24/2020)
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`06/26/2020
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`06/26/2020
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`06/26/2020
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`07/08/2020
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`07/09/2020
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`07/10/2020
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`07/10/2020
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`07/11/2020
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`07/13/2020
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`07/15/2020
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`41 SCHEDULING ORDER: Markman Hearing set for 11/20/2020 before Judge Alan D
`Albright. Joinder of Parties due by 1/1/2021. Amended Pleadings due by 2/12/2021.
`Motions due by 8/27/2021. Pretrial Conference set for 10/29/2021 before Judge Alan
`D Albright. Jury Selection and Jury Trial set for 11/19/2021 before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (am) (Entered: 06/26/2020)
`
`42 Order Setting Markman Hearing for 11/20/2020 09:00 AM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (bot4) (Entered: 06/26/2020)
`
`43 MOTION FOR LEAVE TO EFFECT ALTERNATIVE SERVICE ON DEFENDANTS
`NINGBO KUER KAYAK CO., LTD., NINGBO KUER PLASTIC TECHNOLOGY CO.,
`LTD., AND NINGBO KUER OUTDOOR PRODUCTS CO., LTD. by H−E−B, LP.
`(Attachments: # 1 Declaration of Kyle R. Canavera in support of H−E−Bs Motion For
`Leave To Effect Alternative Service On Defendants Ningbo Kuer Kayak Co., Ltd.,
`Ningbo Kuer Plastic Technology Co., Ltd., and Ningbo Kuer Outdoor Products Co.,
`Ltd., # 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, # 17 Exhibit 16,
`# 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, #
`23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28
`Exhibit 27, # 29 Exhibit 28, # 30 Proposed Order)(Canavera, Kyle) (Entered:
`06/26/2020)
`
`44 ANSWER to 37 Answer to Complaint, Counterclaim by H−E−B, LP.(Canavera, Kyle)
`(Entered: 07/08/2020)
`
`45 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to
`Complaint and Adjustment of Case Schedule by H−E−B, LP. (Attachments: # 1
`Proposed Order)(Canavera, Kyle) (Entered: 07/09/2020)
`
`46 Pro Hac Vice Letter to Thomas Fawell on behalf of Ningbo Kuer Kayak Co., Ltd.,
`Ningbo Kuer Outdoor Products Co., Ltd., and Ningbo Kuer Plastic Technology Co.,
`Ltd.. (am) (Entered: 07/10/2020)
`
`47 Pro Hac Vice Letter to Mauricio Escobar on behalf of Southern Sales & Marketing
`Group, Inc. and Wadley Holdings, LLC. (am) (Entered: 07/10/2020)
`
`48 ORDER GRANTING 45 Motion for Extension of Time to Answer ; Ningbo Kuer
`Kayak Co., Ltd. answer due 9/5/2020; Ningbo Kuer Outdoor Products Co., Ltd.
`answer due 9/5/2020; Ningbo Kuer Plastic Technology Co., Ltd. answer due 9/5/2020.
`It is further ORDERED that the Case Scheduling Order Dkt. 41 is amended. Signed by
`Judge Alan D Albright. (am) (Entered: 07/13/2020)
`
`49 MOTION to Appear Pro Hac Vice by Ningbo Kuer Kayak Co., Ltd., Ningbo Kuer
`Outdoor Products Co., Ltd., Ningbo Kuer Plastic Technology Co., Ltd.. (Attachments:
`# 1 Filing Fee Receipt, # 2 Proposed Order)(am) (Entered: 07/14/2020)
`
`50 NOTICE of Withdraw of Motion for Leave to Effect Alternative Service on Defendants
`Ningbo Kuer Kayak Co., Ltd., Ningbo Kuer Plastic Technology Co., Ltd., and Ningbo
`Kuer Outdoor Products Co., Ltd. by H−E−B, LP (Canavera, Kyle) (Entered:
`07/15/2020)
`
`07/15/2020
`
`51 DEFICIENCY NOTICE: re 50 Notice (Other) (lad) (Entered: 07/15/2020)
`
`07/16/2020
`
`Text Order GRANTING 49 Motion to Appear Pro Hac Vice. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion
`for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`
`Intel Exhibit 1023 - 5
`
`

`

`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 6 of 8
`
`Applicant, if he/she has not already done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic
`Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 07/16/2020)
`
`Text Order MOOTING 43 Motion entered by Judge Alan D Albright. In light of ECF
`No. 50, the Court MOOTS the motion. (This is a text−only entry generated by the
`court. There is no document associated with this entry.) (jy) (Entered: 07/17/2020)
`
`52 MOTION to Appear Pro Hac Vice by Daniel F. Shank ( Filing fee $ 100 receipt
`number 0542−13937303) by on behalf of Southern Sales & Marketing Group, Inc.,
`Wadley Holdings, LLC. (Attachments: # 1 Proposed Order)(Shank, Daniel) (Entered:
`09/04/2020)
`
`53 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to
`Complaint by Ningbo Kuer Kayak Co., Ltd., Ningbo Kuer Outdoor Products Co., Ltd.,
`Ningbo Kuer Plastic Technology Co., Ltd.. (Attachments: # 1 Proposed Order)(Fawell,
`Thomas) (Entered: 09/04/2020)
`
`Text Order GRANTING 52 Motion to Appear Pro Hac Vice. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion
`for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic
`Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 09/05/2020)
`
`Text Order GRANTING 53 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Came on for consideration is Defendants Ningbo Kuer Plastic
`Technology Co., Ltd.; Ningbo Kuer Kayak Co., Ltd.; and NingboKuer Outdoor
`Products Co., Ltd.'s Motion. Noting that it is unopposed, the Court GRANTS the
`Motion. Defendants shall have up to and including September 15, 2020 to answer or
`otherwise respond to Plaintiff's Complaint.(This is a text−only entry generated by the
`court. There is no document associated with this entry.) (jy) (Entered: 09/05/2020)
`
`Reset Deadlines: Ningbo Kuer Kayak Co., Ltd. answer due 9/15/2020; Ningbo Kuer
`Outdoor Products Co., Ltd. answer due 9/15/2020; Ningbo Kuer Plastic Technology
`Co., Ltd. answer due 9/15/2020. (am) (Entered: 09/08/2020)
`
`54 STIPULATION (JOINT) and [Proposed] Order to Dismiss with Prejudice as to Kuer
`Defendants by H−E−B, LP. (Millikan, Thomas) (Entered: 09/15/2020)
`
`55 Opposed MOTION to Preclude Testimony of Plaintiff's Expert by Home Depot
`Product Authority, LLC, Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit A, # 2
`Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Selinger,
`Jerry) (Entered: 09/24/2020)
`
`56 BRIEF by H−E−B, LP. (Attachments: # 1 Affidavit Declaration of Thomas N.
`Millikan in support of H−E−B's Opening Claim Construction Brief, # 2 Exhibit 1, # 3
`Exhibit 2, # 4 Affidavit Declaration of Charles Garris in support of H−E−B's Opening
`Claim Construction Brief)(Millikan, Thomas) (Entered: 09/25/2020)
`
`57 BRIEF by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc., Southern
`Sales & Marketing Group, Inc., Wadley Holdings, LLC. (Attachments: # 1 Exhibit A,
`# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Selinger,
`Jerry) (Entered: 09/25/2020)
`
`07/17/2020
`
`09/04/2020
`
`09/04/2020
`
`09/05/2020
`
`09/05/2020
`
`09/08/2020
`
`09/15/2020
`
`09/24/2020
`
`09/25/2020
`
`09/25/2020
`
`10/05/2020
`
`58 Opposed MOTION to Strike and Opposed Renewed Motion to Preclude Testimony of
`Plaintiff's Expert by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.,
`Southern Sales & Marketing Group, Inc., Wadley Holdings, LLC. (Attachments: # 1
`
`Intel Exhibit 1023 - 6
`
`

`

`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 7 of 8
`
`10/13/2020
`
`10/16/2020
`
`10/16/2020
`
`10/20/2020
`
`Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
`Exhibit G, # 8 Exhibit H, # 9 Errata I, # 10 Proposed Order)(Selinger, Jerry) (Entered:
`10/05/2020)
`
`59 Response in Opposition to Motion, filed by H−E−B, LP, re 58 Opposed MOTION to
`Strike and Opposed Renewed Motion to Preclude Testimony of Plaintiff's Expert filed
`by Defendant Home Depot U.S.A., Inc., Defendant Home Depot Product Authority,
`LLC, Defendant Southern Sales & Marketing Group, Inc., Defendant Wadley
`Holdings, LLC (Attachments: # 1 Affidavit of Joseph P. Reid, # 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)(Reid, Joseph) (Entered:
`10/13/2020)
`
`60 BRIEF by H−E−B, LP. (Attachments: # 1 Affidavit − Rebuttal Declaration of Charles
`Garris)(Reid, Joseph) (Entered: 10/16/2020)
`
`61 BRIEF regarding 57 Brief, 56 Brief, by Home Depot Product Authority, LLC, Home
`Depot U.S.A., Inc., Southern Sales & Marketing Group, Inc., Wadley Holdings, LLC.
`(Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I)(Selinger, Jerry) (Entered:
`10/16/2020)
`
`62 REPLY to Response to Motion, filed by Home Depot Product Authority, LLC, Home
`Depot U.S.A., Inc., Southern Sales & Marketing Group, Inc., Wadley Holdings, LLC,
`re 58 Opposed MOTION to Strike and Opposed Renewed Motion to Preclude
`Testimony of Plaintiff's Expert filed by Defendant Home Depot U.S.A., Inc.,
`Defendant Home Depot Product Authority, LLC, Defendant Southern Sales &
`Marketing Group, Inc., Defendant Wadley Holdings, LLC (Selinger, Jerry) (Entered:
`10/20/2020)
`
`10/30/2020
`
`63 BRIEF by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc., Southern
`Sales & Marketing Group, Inc., Wadley Holdings, LLC. (Selinger, Jerry) (Entered:
`10/30/2020)
`
`10/30/2020
`
`64 BRIEF regarding 61 Brief, by H−E−B, LP. (Reid, Joseph) (Entered: 10/30/2020)
`
`11/06/2020
`
`11/09/2020
`
`11/17/2020
`
`11/18/2020
`
`11/18/2020
`
`65 STATUS REPORT Joint Claim Construction Statement by H−E−B, LP. (Reid,
`Joseph) (Entered: 11/06/2020)
`
`66 ORDER RESETTING MARKMAN HEARING, Markman Hearing set for 11/20/2020
`09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am)
`(Entered: 11/09/2020)
`
`67 NOTICE of Attorney Appearance by Aaron D. Perkins on behalf of Home Depot
`Product Authority, LLC, Home Depot U.S.A., Inc.. Attorney Aaron D. Perkins added
`to party Home Depot Product Authority, LLC(pty:dft), Attorney Aaron D. Perkins
`added to party Home Depot Product Authority, LLC(pty:cc), Attorney Aaron D.
`Perkins added to party Home Depot U.S.A., Inc.(pty:dft), Attorney Aaron D. Perkins
`added to party Home Depot U.S.A., Inc.(pty:cc) (Perkins, Aaron) (Entered:
`11/17/2020)
`
`Text Order DENYING 58 Motion to Strike entered by Judge Alan D Albright. Came
`on for consideration is Defendants' Opposed Motion to Strike and Renewed Opposed
`Motion to Preclude Testimony of Plaintiff's Expert. After reviewing the relevant
`briefings, the Court DENIES the Motion. Defendants expressed their intent to assert
`indefiniteness arguments as to certain claim terms. In response, Plaintiff disclosed that
`Dr. Garris would provide testimony on the plain and ordinary meaning of those certain
`claim terms. Here, the Court finds that Plaintiff's disclosure of its rebuttal expert's
`opinions was timely, sufficiently informative, and in good faith.(This is a text−only
`entry generated by the court. There is no document associated with this entry.) (hs)
`(Entered: 11/18/2020)
`
`Text Order MOOTING 55 Motion entered by Judge Alan D Albright. In view of the
`Court's text order denying Defendants' Opposed Motion to Strike and Opposed
`Renewed Motion to Preclude Testimony of Plaintiff's Expert (ECF No. 58), the Court
`MOOTS this Motion. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (hs) (Entered: 11/18/2020)
`
`Intel Exhibit 1023 - 7
`
`

`

`Case: 6:20-cv-00081-ADA As of: 01/04/2021 10:59 AM CST 8 of 8
`
`11/20/2020
`
`12/07/2020
`
`68 Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing
`held on 11/20/2020. Case called for Markman Hearing. The Court heard parties
`suggested claim constructions. The Court maintained the preliminary constructions.
`The Court verified that the jury trial date will have to be moved slightly. The Court
`suggested 11/8/2021 and all parties are available for that date. (Minute entry
`documents are not available electronically.). (Court Reporter Kristie Davis.) (am)
`(Entered: 11/20/2020)
`
`69 Transcript filed of Proceedings held on 11−20−20, Proceedings Transcribed: Markman
`hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due 12/28/2020, Redacted Transcript Deadline set for 1/7/2021,
`Release of Transcript Restriction set for 3/8/2021, (kd) (Entered: 12/07/2020)
`
`Intel Exhibit 1023 - 8
`
`