`
`U.S. District Court [LIVE]
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE #: 6:20-cv-00664-ADA
`
`PATENT
`
`Date Filed: 07/22/2020
`KOSS Corporation v. Skullcandy, Inc.
`Jury Demand: Plaintiff
`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 G t
`,LLP
`,
`_
`70 W. 33136513011 Street, Bose Exh1b1t 1075
`Bose V. Koss
`
`
`
`Case: 6:20-cv-00664-ADA As of: 12/07/2020 09:41 AM CST 2 of 5
`
`V.
`Defendant
`Skullcandy, 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 Barry K. Shelton
`Shelton Coburn LLP
`311 RR 620 S
`Suite 205
`Austin, TX 78734−4775
`512−263−2165
`Fax: 512−263−2166
`Email: bshelton@sheltoncoburn.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Bradley Dalton Coburn
`Shelton Coburn LLP
`311 Ranch Road 620 S
`Suite 205
`Austin, TX 78734−4775
`(512) 263−2165
`Fax: 512−263−2166
`Email: coburn@sheltoncoburn.com
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`# Docket Text
`
`03/24/2020
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`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 fromChief Judge Garcia re COVID19 Court Procedures)(mc5)
`(Entered: 07/24/2020)
`
`1 COMPLAINT ( Filing fee $ 400 receipt number 0542−13787947), 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, # 11 Exhibit J, # 12 Exhibit K)(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)
`
`
`
`Case: 6:20-cv-00664-ADA As of: 12/07/2020 09:41 AM CST 3 of 5
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`07/22/2020
`
`5 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Benjamin J. Weed ( Filing
`fee $ 100 receipt number 0542−13787954) 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 0542−13787955) 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 0542−13787956) 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 0542−13787957) by on behalf of KOSS Corporation. (Ghavimi,
`Darlene) (Entered: 07/22/2020)
`
`07/23/2020
`
`9 Summons Issued as to Skullcandy, Inc.. (am) (Entered: 07/23/2020)
`
`07/23/2020
`
`07/24/2020
`
`07/24/2020
`
`07/24/2020
`
`07/24/2020
`
`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 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
`
`
`
`Case: 6:20-cv-00664-ADA As of: 12/07/2020 09:41 AM CST 4 of 5
`
`08/11/2020
`
`08/11/2020
`
`08/13/2020
`
`08/14/2020
`
`08/19/2020
`
`08/31/2020
`
`08/31/2020
`
`09/08/2020
`
`09/08/2020
`
`09/22/2020
`
`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 0542−13849172) 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 0542−13861528) 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 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 SUMMONS Returned Executed by KOSS Corporation. Skullcandy, Inc. served on
`8/19/2020, answer due 9/9/2020. (Ghavimi, Darlene) (Entered: 08/19/2020)
`
`14 NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Skullcandy, Inc..
`Attorney Barry K. Shelton added to party Skullcandy, Inc.(pty:dft) (Shelton, Barry)
`(Entered: 08/31/2020)
`
`15 NOTICE of Attorney Appearance by Bradley Dalton Coburn on behalf of Skullcandy,
`Inc.. Attorney Bradley Dalton Coburn added to party Skullcandy, Inc.(pty:dft)
`(Coburn, Bradley) (Entered: 08/31/2020)
`
`16 MOTION to Dismiss for Improper Venue Under Rule 12(b)(3) by Skullcandy, Inc..
`(Attachments: # 1 Affidavit of Autumn Hindman, # 2 Exhibit A to Hindman
`Declaration)(Shelton, Barry) (Entered: 09/08/2020)
`
`17 RULE 7 DISCLOSURE STATEMENT filed by Skullcandy, Inc.. (Shelton, Barry)
`(Entered: 09/08/2020)
`
`18 Response in Opposition to Motion, filed by KOSS Corporation, re 16 MOTION to
`Dismiss for Improper Venue Under Rule 12(b)(3) filed by Defendant Skullcandy, Inc.
`(Attachments: # 1 Proposed Order, # 2 Exhibit A − Declaration and attachments, # 3
`Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E−1 Proposed discovery, # 7
`Exhibit E−2 Proposed discovery)(Ghavimi, Darlene) (Entered: 09/22/2020)
`
`09/28/2020
`
`19 REPLY to Response to Motion, filed by Skullcandy, Inc., re 16 MOTION to Dismiss
`for Improper Venue Under Rule 12(b)(3) filed by Defendant Skullcandy, Inc.
`(Attachments: # 1 Affidavit of Autumn Hindman)(Shelton, Barry) (Entered:
`09/28/2020)
`
`
`
`Case: 6:20-cv-00664-ADA As of: 12/07/2020 09:41 AM CST 5 of 5
`
`10/13/2020
`
`11/09/2020
`
`11/30/2020
`
`20 STATUS REPORT re Case Readiness by KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 10/13/2020)
`
`21 Updated Standing Order Governing Proceedings Patent Cases. Signed by Judge Alan
`D Albright. (jkda) (Entered: 11/10/2020)
`
`22 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 before Judge
`Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 11/30/2020)
`
`