Case: 6:20-CV-00663-ADA AS of: 12/07/2020 09:42 AM CST 1 0f 7
`
`U.S. District Court [LIVE]
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE #: 6:20-cv-00663-ADA
`
`PATENT
`
`Date Filed: 07/22/2020
`KOSS Corporation v. Plantronics, Inc., et. a1.
`Jury Demand: Both
`Assigned to: Judge Alan D Albright
`Related Case:W Nature of Suit: 830 Patent .
`Cause: 35:271 Patent Infringement
`Jur1sd1ct1on: Federal Question
`Plaintiff
`
`KOSS Corporation
`
`represented by Gina A Johnson
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`(312) 327—1 121
`Fax: (312) 827-8000
`Email: gina,jghnsgn@klgate§,ggm
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`James A. Shimota
`
`K7L Gates, LLP
`70 W. Madison St. #3100
`
`Chicago, IL 60602
`312-807-4299
`Fax: 312-827-8000
`
`Email: jim,shimgm@klg_a;§s,ggm
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Benjamin E. Weed
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`(312) 327—1 121
`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: erfl<,haly§r§gn@klgate§,ggm
`ATTORNEY TO BE NOTICED
`
`Peter E. Soskin
`K&L Gates LLP
`
`Four Embarcadero Center, Suite 1200
`San Francisco, CA 94111
`415—882-8200
`Fax: 415—882-8220
`
`Email: peter. soskin@lglgates.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Philip A. Kunz
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`
`Bose Exhibit 1074
`
`Bose V. Koss
`
`

`

`Case: 6:20-cv-00663-ADA As of: 12/07/2020 09:42 AM CST 2 of 7
`
`V.
`Defendant
`Plantronics, Inc.
`
`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
`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
`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
`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
`ATTORNEY TO BE NOTICED
`
`Defendant
`Polycom, Inc.
`
`represented by Eimeric Reig−Plessis
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Katherine Kelly Vidal
`(See above for address)
`
`

`

`Case: 6:20-cv-00663-ADA As of: 12/07/2020 09:42 AM CST 3 of 7
`
`Counter Plaintiff
`Plantronics, Inc.
`
`Counter Plaintiff
`Polycom, Inc.
`
`V.
`Counter Defendant
`KOSS Corporation
`
`ATTORNEY TO BE NOTICED
`
`Katrina Gallagher Eash
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Samantha M. Lerner
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Eimeric Reig−Plessis
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Katherine Kelly Vidal
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Katrina Gallagher Eash
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Samantha M. Lerner
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Eimeric Reig−Plessis
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Katherine Kelly Vidal
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Katrina Gallagher Eash
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Samantha M. Lerner
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Gina A Johnson
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`James A. Shimota
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Benjamin E. Weed
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Erik J. Halverson
`
`

`

`Case: 6:20-cv-00663-ADA As of: 12/07/2020 09:42 AM CST 4 of 7
`
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Peter E. Soskin
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Philip A. Kunz
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Darlene Ghavimi
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`# Docket Text
`
`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
`
`07/22/2020
`
`12 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 0542−13787940), 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 REQUEST FOR ISSUANCE OF SUMMONS by KOSS Corporation. (Ghavimi,
`Darlene) (Main Document 2 replaced on 7/23/2020) (am). (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 Certificate of Interested Parties by KOSS Corporation. (Ghavimi, Darlene) (Entered:
`07/22/2020)
`
`6 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Benjamin J. Weed ( Filing
`fee $ 100 receipt number 0542−13787960) by on behalf of KOSS Corporation.
`(Ghavimi, Darlene) (Entered: 07/22/2020)
`
`7 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Philip A. Kunz ( Filing fee
`$ 100 receipt number 0542−13787964) by on behalf of KOSS Corporation. (Ghavimi,
`Darlene) (Entered: 07/22/2020)
`
`8 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Erik Halverson ( Filing fee
`$ 100 receipt number 0542−13787966) by on behalf of KOSS Corporation. (Ghavimi,
`Darlene) (Entered: 07/22/2020)
`
`9 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Peter E. Soskin ( Filing fee
`$ 100 receipt number 0542−13787967) by on behalf of KOSS Corporation. (Ghavimi,
`Darlene) (Entered: 07/22/2020)
`
`07/23/2020
`
`10 Summons Issued as to Plantronics, Inc.. (am) (Entered: 07/23/2020)
`
`07/23/2020
`
`11 Summons Issued as to Polycom, Inc.. (am) (Entered: 07/23/2020)
`
`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)
`
`

`

`Case: 6:20-cv-00663-ADA As of: 12/07/2020 09:42 AM CST 5 of 7
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`07/24/2020
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`07/24/2020
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`07/24/2020
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`07/24/2020
`
`07/28/2020
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`07/28/2020
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`08/11/2020
`
`08/11/2020
`
`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)
`
`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: 07/24/2020)
`
`13 SUMMONS Returned Executed by KOSS Corporation. Plantronics, Inc. served on
`7/27/2020, answer due 8/17/2020. (Ghavimi, Darlene) (Entered: 07/28/2020)
`
`14 SUMMONS Returned Executed by KOSS Corporation. Polycom, Inc. served on
`7/27/2020, answer due 8/17/2020. (Ghavimi, Darlene) (Entered: 07/28/2020)
`
`15 MOTION to Appear Pro Hac Vice by Darlene Ghavimi on behalf of Gina A. Johnson (
`Filing fee $ 100 receipt number 0542−13849158) by on behalf of KOSS Corporation.
`(Attachments: # 1 Proposed Order)(Ghavimi, Darlene) (Entered: 08/11/2020)
`
`Text Order GRANTING 15 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
`
`

`

`Case: 6:20-cv-00663-ADA As of: 12/07/2020 09:42 AM CST 6 of 7
`
`08/13/2020
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`08/14/2020
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`08/17/2020
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`08/17/2020
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`08/17/2020
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`09/18/2020
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`09/18/2020
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`09/18/2020
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`09/18/2020
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`09/18/2020
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`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)
`
`16 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for James A. Shimota ( Filing
`fee $ 100 receipt number 0542−13861519) by on behalf of KOSS Corporation.
`(Ghavimi, Darlene) (Entered: 08/13/2020)
`
`Text Order GRANTING 16 Motion to Appear Pro Hac Vice for Attorney James A.
`Shimota 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: 08/14/2020)
`
`17 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by KOSS
`Corporation. (Attachments: # 1 Proposed Order)(Ghavimi, Darlene) (Entered:
`08/17/2020)
`
`Text Order GRANTING 17 Unopposed Motion for Extension of Time to Answer
`entered by Judge Alan D Albright. Before the Court is Plaintiff's Motion to extend the
`time for Defendants to Answer. The Court GRANTS the Motion. Defendants shall
`have up to and including October 1, 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.) (as) (Entered: 08/17/2020)
`
`Reset Deadlines: Plantronics, Inc. answer due 10/1/2020; Polycom, Inc. answer due
`10/1/2020. (am) (Entered: 08/17/2020)
`
`18 NOTICE of Attorney Appearance by Katrina Gallagher Eash on behalf of Plantronics,
`Inc., Polycom, Inc.. Attorney Katrina Gallagher Eash added to party Plantronics,
`Inc.(pty:dft), Attorney Katrina Gallagher Eash added to party Polycom, Inc.(pty:dft)
`(Eash, Katrina) (Entered: 09/18/2020)
`
`19 MOTION to Appear Pro Hac Vice by Katrina Gallagher Eash for Katherine Vidal (
`Filing fee $ 100 receipt number 0542−13981708) by on behalf of Plantronics, Inc.,
`Polycom, Inc.. (Attachments: # 1 Proposed Order)(Eash, Katrina) (Entered:
`09/18/2020)
`
`20 MOTION to Appear Pro Hac Vice by Katrina Gallagher Eash for Samantha Lerner (
`Filing fee $ 100 receipt number 0542−13981754) by on behalf of Plantronics, Inc.,
`Polycom, Inc.. (Attachments: # 1 Proposed Order)(Eash, Katrina) (Main Document 20
`replaced on 9/18/2020) (am). (Attachment 1 replaced on 9/18/2020) (am). (Entered:
`09/18/2020)
`
`21 MOTION to Appear Pro Hac Vice by Katrina Gallagher Eash for Eimeric
`Reig−Plessis ( Filing fee $ 100 receipt number 0542−13981782) by on behalf of
`Plantronics, Inc., Polycom, Inc.. (Attachments: # 1 Proposed Order)(Eash, Katrina)
`(Entered: 09/18/2020)
`
`Text Order GRANTING 19 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). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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
`
`

`

`Case: 6:20-cv-00663-ADA As of: 12/07/2020 09:42 AM CST 7 of 7
`
`09/18/2020
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`09/18/2020
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`10/01/2020
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`10/01/2020
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`10/09/2020
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`10/22/2020
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`11/09/2020
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`11/25/2020
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`11/30/2020
`
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (hs) (Entered: 09/18/2020)
`
`Text Order GRANTING 20 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). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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.) (hs) (Entered: 09/18/2020)
`
`Text Order GRANTING 21 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). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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.) (hs) (Entered: 09/18/2020)
`
`22 ANSWER to 1 Complaint, with Jury Demand , Affirmative Defenses,
`COUNTERCLAIM against KOSS Corporation by Plantronics, Inc., Polycom,
`Inc..(Vidal, Katherine) (Entered: 10/01/2020)
`
`23 RULE 7 DISCLOSURE STATEMENT filed by Plantronics, Inc., Polycom, Inc..
`(Vidal, Katherine) (Entered: 10/01/2020)
`
`24 STATUS REPORT re Case Readiness by KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 10/09/2020)
`
`25 Koss Corporation's ANSWER to 22 Answer to Complaint, Counterclaim by KOSS
`Corporation.(Ghavimi, Darlene) (Entered: 10/22/2020)
`
`26 Updated Standing Order Governing Proceedings Patent Cases. Signed by Judge Alan
`D Albright. (jkda) (Entered: 11/10/2020)
`
`27 Proposed Scheduling Order Agreed Proposed Scheduling Order by Plantronics, Inc.,
`Polycom, Inc.. (Vidal, Katherine) (Entered: 11/25/2020)
`
`28 SCHEDULING ORDER: Markman Hearing set for 4/22/2021 09:00 AM before Judge
`Alan D Albright. Joinder of Parties due by 6/3/2021. Amended Pleadings due by
`8/12/2021. Motions due by 1/27/2022. Pretrial Conference set for 3/31/2022 before
`Judge Alan D Albright. Jury Selection and Jury Trial set for 4/18/2022 09:00 AM
`before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered:
`11/30/2020)
`
`