throbber
3/12/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`
`PATENT
`
`U.S. District Court [LIVE]
`
`Western District of Texas (Waco)
`
`CIVIL DOCKET FOR CASE #: 6:20-cv-00662-ADA
`
`KOSS Corporation v. PEAG LLC dba JLAB AUDIO
`Assigned to: Judge Alan D Albright
`
`Related Case: 6:20-cv-00665-ADA
`Cause: 35:271 Patent Infringement
`Plaintiff
`KOSS Corporation
`
`Date Filed: 07/22/2020
`
`Jury Demand: Plaintiff
`
`Nature of Suit: 830 Patent
`
`Jurisdiction: Federal Question
`
`represented by Gina A Johnson
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`(312) 327-1121
`Fax: (312) 827-8000
`Email: gina.johnson@klgates.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`James A. Shimota
`K&L Gates LLP
`70 W. Madison Street, Suite 3300
`Chicago, IL 60602
`(312) 807-4299
`Fax: (312) 827-8000
`Email: jim.shimota@klgates.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`Benjamin E. Weed
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`(312) 327-1121
`Fax: (312) 827-8000
`Email: benjamin.weed@klgates.com
`ATTORNEY TO BE NOTICED
`
`Erik J. Halverson
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`312- 807-4240
`Fax: 312- 345-8529
`Email: erik.halverson@klgates.com
`ATTORNEY TO BE NOTICED
`
`Peter E. Soskin
`K&L Gates LLP
`Four Embarcadero Center, Suite 1200
`San Francisco, CA 94111
`415-882-8200
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?132211570176107-L_1_0-1
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Fax: 415-882-8220
`Email: peter.soskin@klgates.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`V.
` Defendant
`PEAG LLC dba JLAB AUDIO
`
`Philip A. Kunz
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`312-807-4294
`Fax: 312-345-9983
`Email: philip.kunz@klgates.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Darlene Ghavimi
`K&L Gates
`2801 Via Fortuna
`Suite 350
`Austin, TX 78746
`512 482-6919
`Fax: 512 482-6859
`Email: darlene.ghavimi@klgates.com
`ATTORNEY TO BE NOTICED
`
`represented by Eimeric Reig-Plessis
`Winston & Strawn LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
`Fax: (650) 858-6550
`Email: ereigplessis@winston.com
`LEAD ATTORNEY
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Katherine Kelly Vidal
`Winston & Strawn LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`(650) 858-6500
`Fax: (650) 858-6550
`Email: kvidal@winston.com
`LEAD ATTORNEY
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Katrina Gallagher Eash
`Winston & Strawn LLP
`2121 N. Pearl Street, Suite 900
`Dallas, TX 75201
`214-453-6500
`Fax: 214-453-6400
`Email: keash@winston.com
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?132211570176107-L_1_0-1
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`IPR2021-00297
`
`

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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Samantha M. Lerner
`Winston & Strawn LLP
`35 W. Wacker Drive, Ste. 4100
`Chicago, IL 60601
`(312) 558-5600
`Fax: (312) 558-5700
`Email: slerner@winston.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Date Filed
`03/24/2020
`
`07/22/2020
`
`07/22/2020
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`07/23/2020
`07/23/2020
`
`07/24/2020
`
`# Docket Text
`10 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil
`hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Supplemental Standing Order from
`Chief Judge Garcia re COVID19 Court Procedures)(mc5) (Entered: 07/24/2020)
`1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13787928), filed by KOSS Corporation.
`(Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, #
`6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Ghavimi, Darlene)
`(Attachment 1 replaced on 7/23/2020) (am). (Entered: 07/22/2020)
`2 Certificate of Interested Parties by KOSS Corporation. (Ghavimi, Darlene) (Entered: 07/22/2020)
`3 REQUEST FOR ISSUANCE OF SUMMONS by KOSS Corporation. (Ghavimi, Darlene) (Main
`Document 3 replaced on 7/23/2020) (am). (Entered: 07/22/2020)
`4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the
`U.S. Patent and Trademark Office. (Ghavimi, Darlene) (Main Document 4 replaced on 7/23/2020)
`(am). (Entered: 07/22/2020)
`5 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Benjamin J. Weed ( Filing fee $ 100
`receipt number 0542-13787970) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`6 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Philip A. Kunz ( Filing fee $ 100
`receipt number 0542-13787971) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`7 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Erik Halverson ( Filing fee $ 100
`receipt number 0542-13787972) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`8 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Peter E. Soskin ( Filing fee $ 100
`receipt number 0542-13787973) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`9 Summons Issued as to PEAG LLC dba JLAB AUDIO. (am) (Entered: 07/23/2020)
`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:
`07/23/2020)
`Text Order GRANTING 5 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
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?132211570176107-L_1_0-1
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`IPR2021-00297
`
`

`

`3/12/2021
`
`07/24/2020
`
`07/24/2020
`
`07/24/2020
`
`08/11/2020
`
`08/11/2020
`
`08/13/2020
`
`08/14/2020
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`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: 07/24/2020)
`Text Order GRANTING 6 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: 07/24/2020)
`Text Order GRANTING 7 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: 07/24/2020)
`Text Order GRANTING 8 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 $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no document associated with this entry.)
`(jy) (Entered: 07/24/2020)
`11 MOTION to Appear Pro Hac Vice by Darlene Ghavimi on behalf of Gina A. Johnson ( Filing fee
`$ 100 receipt number 0542-13849142) by on behalf of KOSS Corporation. (Attachments: # 1
`Proposed Order)(Ghavimi, Darlene) (Entered: 08/11/2020)
`Text Order GRANTING 11 Motion to Appear Pro Hac Vice for Attorney Gina A Johnson for
`KOSS Corporation. 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.) (sm3) (Entered: 08/11/2020)
`12 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for James A. Shimota ( Filing fee $ 100
`receipt number 0542-13861511) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 08/13/2020)
`Text Order GRANTING 12 Motion to Appear Pro Hac Vice for Attorney James A. Shimota for
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?132211570176107-L_1_0-1
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`4/6
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`Page 4 of 6
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`Koss 2009
`IPR2021-00297
`
`

`

`3/12/2021
`
`09/22/2020
`11/18/2020
`
`11/19/2020
`
`12/07/2020
`
`12/11/2020
`
`12/11/2020
`
`12/11/2020
`
`12/17/2020
`
`12/17/2020
`
`12/17/2020
`
`12/17/2020
`
`12/21/2020
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`KOSS Corporation. 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.) (sm3) (Entered: 08/14/2020)
`13 Standing Order Regarding Notice of Readiness in Patent Cases (Entered: 10/05/2020)
`14 MOTION to Extend Time to Serve Complaint by KOSS Corporation. (Attachments: # 1 Proposed
`Order)(Ghavimi, Darlene) (Entered: 11/18/2020)
`15 SUMMONS Returned Executed by KOSS Corporation. PEAG LLC dba JLAB AUDIO served on
`11/18/2020, answer due 12/9/2020. (Ghavimi, Darlene) (Entered: 11/19/2020)
`16 Unopposed MOTION for Extension of Time to File Answer (for Defendant) by KOSS
`Corporation. (Attachments: # 1 Proposed Order)(Ghavimi, Darlene) (Entered: 12/07/2020)
` Text Order MOOTING 14 Motion entered by Judge Alan D Albright. Came on for consideration
`is Plaintiff's Motion to Extend Time to Serve Complaint by KOSS Corporation. 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: 12/11/2020)
` Text Order GRANTING 16 Motion for Extension of Time to Answer entered by Judge Alan D
`Albright. Came on for consideration is Plaintiff's Motion to extend the time for Defendants to
`Answer. The Court GRANTS the Motion. Defendants shall have up to and including December
`23, 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.) (hs) (Entered:
`12/11/2020)
` Reset Deadlines: PEAG LLC dba JLAB AUDIO answer due 12/23/2020. (am) (Entered:
`12/11/2020)
`17 NOTICE of Attorney Appearance by Katrina Gallagher Eash on behalf of PEAG LLC dba JLAB
`AUDIO. Attorney Katrina Gallagher Eash added to party PEAG LLC dba JLAB AUDIO(pty:dft)
`(Eash, Katrina) (Entered: 12/17/2020)
`18 MOTION to Appear Pro Hac Vice by Katrina Gallagher Eash on behalf of Katherine Vidal (
`Filing fee $ 100 receipt number 0542-14299566) by on behalf of PEAG LLC dba JLAB AUDIO.
`(Attachments: # 1 Proposed Order)(Eash, Katrina) (Entered: 12/17/2020)
`19 MOTION to Appear Pro Hac Vice by Katrina Gallagher Eash on behalf of Eimeric Reig-Plessis (
`Filing fee $ 100 receipt number 0542-14299678) by on behalf of PEAG LLC dba JLAB AUDIO.
`(Attachments: # 1 Proposed Order)(Eash, Katrina) (Entered: 12/17/2020)
`20 MOTION to Appear Pro Hac Vice by Katrina Gallagher Eash on behalf of Samantha M. Lerner (
`Filing fee $ 100 receipt number 0542-14300170) by on behalf of PEAG LLC dba JLAB AUDIO.
`(Attachments: # 1 Proposed Order)(Eash, Katrina) (Entered: 12/17/2020)
` Text Order GRANTING 18 Motion to Appear Pro Hac Vice for Attorney Katherine Kelly Vidal
`for PEAG LLC dba JLAB AUDIO. 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
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?132211570176107-L_1_0-1
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`5/6
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`Koss 2009
`IPR2021-00297
`
`

`

`3/12/2021
`
`12/21/2020
`
`12/21/2020
`
`12/23/2020
`
`01/13/2021
`
`02/12/2021
`
`02/16/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`generated by the court. There is no document associated with this entry.) (mm6) (Entered:
`12/21/2020)
` Text Order GRANTING 19 Motion to Appear Pro Hac Vice for Attorney Eimeric Reig-Plessis for
`PEAG LLC dba JLAB AUDIO. 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.) (mm6) (Entered:
`12/21/2020)
` Text Order GRANTING 20 Motion to Appear Pro Hac Vice for Attorney Samantha M. Lerner for
`PEAG LLC dba JLAB AUDIO. 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.) (mm6) (Entered:
`12/21/2020)
`21 MOTION to Dismiss for Improper Venue Under Rule 12(b)(3) or in the Alternative Motion to
`Transfer Venue Pursuant to 28 U.S.C. § 1404(a) by PEAG LLC dba JLAB AUDIO.
`(Attachments: # 1 Affidavit Declaration of Winthrop Cramer)(Vidal, Katherine) (Entered:
`12/23/2020)
`22 STATUS REPORT re Case Readiness by KOSS Corporation. (Ghavimi, Darlene) (Entered:
`01/13/2021)
`24 Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases.
`Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/24/2021)
`23 Proposed Scheduling Order (Agreed) by KOSS Corporation. (Ghavimi, Darlene) (Entered:
`02/16/2021)
`
`PACER Service Center
`Transaction Receipt
`03/12/2021 07:55:31
`
`PACER
`Login:
`
`kl0204:2581655:0 Client Code:
`
`0942556.00401/00509
`
`Description: Docket Report
`
`Billable
`Pages:
`
`6
`
`Search
`Criteria:
`
`Cost:
`
`6:20-cv-00662-ADA
`
`0.60
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?132211570176107-L_1_0-1
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`IPR2021-00297
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`

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