FUJIFILM CORPORATION v. EASTMAN KODAK COMPANY

2:24-cv-04017 | New Jersey District Court

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Division Newark
Judge Judge Madeline Cox Arleo
Filed March 20, 2024
Case Flags SCHEDO
Magistrate Magistrate Judge Jessica S. Allen
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
2/27/2025Letter
2/27/2025Transcript
2/19/2025Order on Motion to Dismiss
2/12/2025Letter
1/23/2025~Util - Set Hearings, Status Conference, Order
1/13/2025Letter
12/4/2024Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney THOMAS R. CURTIN and KATHLEEN N. FENNELLY terminated. (FENNELLY, KATHLEEN) (Entered: 12/04/2024)
11/27/2024NOTICE of Appearance by TIMOTHY P. GONZALEZ on behalf of EASTMAN KODAK COMPANY (GONZALEZ, TIMOTHY) (Entered: 11/27/2024)
11/27/2024NOTICE of Appearance by NANCY ANN DEL PIZZO on behalf of EASTMAN KODAK COMPANY (DEL PIZZO, NANCY) (Entered: 11/27/2024)
11/27/2024NOTICE of Appearance by GREGORY D. MILLER on behalf of EASTMAN KODAK COMPANY (MILLER, GREGORY) (Entered: 11/27/2024)
11/25/2024LETTER ORDER granting Defendant's request that its deadline to serve its contentions be extended by one-week to Monday, December 2, 2024, and that Plaintiff receive a similar extension of its deadline to respond to Defendant's Invalidity contentions, with the new deadline set for Friday, December 27, 2024. Signed by Magistrate Judge Jessica S. Allen on 11/25/2024. (ld, ) (Entered: 11/26/2024)
11/22/2024Letter from Kathleen N. Fennelly Requesting With Consent of Plaintiff Extension of Deadline to File Invalidity/Noninfringement Contentions. (FENNELLY, KATHLEEN) (Entered: 11/22/2024)
11/21/2024LETTER ORDER: Status Conference by Videoconference is adjourned until 1/23/2025 at 12:30 PM before Magistrate Judge Jessica S. Allen. A joint status letter is due on or before January 16, 2025. Signed by Magistrate Judge Jessica S. Allen on 11/21/2024. (ld) (Entered: 11/21/2024)
11/20/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 11/20/2024)
11/5/202463TEXT ORDER: Please be advised that the 12/13/24 Video Status Conference at 4:00 p.m. is rescheduled for 12/17/24 at 2:15 p.m. The parties are instructed to use the Teams video link emailed to them. So Ordered by Magistrate Judge Jessica S. Allen on 11/5/2024. (nic, ) (Entered: 11/05/2024)
10/23/2024LETTER ORDER: Status Conference by Videoconference rescheduled for 12/13/2024 at 04:00 PM before Magistrate Judge Jessica S. Allen. The conference connection information shall be provided in advance. Signed by Magistrate Judge Jessica S. Allen on 10/23/2024. (ld, ) (Entered: 10/23/2024)
10/18/2024AGREEMENT AND ORDER ON DOCUMENT AND E-DISCOVERY. Signed by Magistrate Judge Jessica S. Allen on 10/18/2024. (ld, ) (Entered: 10/18/2024)
10/18/2024 Transcript of Video Status Conference held on September 13, 2024, before Magistrate Judge Jessica S. Allen. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 11/8/2024. Redacted Transcript Deadline set for 11/18/2024. Release of Transcript Restriction set for 1/16/2025. (mfr) (Entered: 10/18/2024)
10/18/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 10/18/2024)
10/15/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 10/15/2024)
9/30/2024Stipulated Discovery Confidentiality Order. Signed by Magistrate Judge Jessica S. Allen on 9/30/2024. (ld, ) (Entered: 09/30/2024)
9/30/2024LETTER ORDER that the deadline for the parties to submit a proposed ESI Order is hereby extended from October 1, 2024 to October 15, 2024. Signed by Magistrate Judge Jessica S. Allen on 9/30/2024. (ld, ) (Entered: 09/30/2024)
9/27/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 09/27/2024)
9/27/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 09/27/2024)
9/16/2024PRETRIAL SCHEDULING ORDER: Status Conference by Videoconference set for 12/10/2024 at 03:00 PM before Magistrate Judge Jessica S. Allen. Amended Pleadings due by 10/8/2024. Fact Discovery due by 12/23/2024. Joinder of Parties due by 10/8/2024.. Signed by Magistrate Judge Jessica S. Allen on 9/16/2024. (ld, ) (Entered: 09/16/2024)
9/13/202453Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Video Status Conference held on 9/13/2024. (Court Reporter, Teams recording.) (nic, ) (Entered: 09/20/2024)
9/10/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 09/10/2024)
9/9/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 09/09/2024)
9/9/2024Letter from Thomas R. Curtin, Esq. re 47 Letter. (CURTIN, THOMAS) (Entered: 09/09/2024)
9/6/2024Letter re 47 Letter. (FLAX, MELISSA) (Entered: 09/06/2024)
9/5/2024Letter from John M. Agnello to Hon. Madeline Cox Arleo, U.S.D.J. re 46 Reply Brief to Opposition to Motion. (Attachments: # 1 Proposed Sur-Reply)(FLAX, MELISSA) (Entered: 09/05/2024)
8/26/2024REPLY BRIEF to Opposition to Motion filed by EASTMAN KODAK COMPANY re 40 MOTION to Dismiss First Amended Complaint (Attachments: # 1 Certificate of Service)(CURTIN, THOMAS) (Entered: 08/26/2024)
8/9/2024LETTER ORDER granting request for a two-week extension of time for Kodak to file its reply papers in further support of its Motion to Dismiss the Amended Complaint (D.E. 40) from August 12, 2024 to August 26, 2024. Signed by Magistrate Judge Jessica S. Allen on 8/9/2024. (ld, ) (Entered: 08/09/2024)
8/8/2024Letter from Kathleen N. Fennelly Requesting With Consent of Plaintiff Extension of Time to File Reply Brief. (FENNELLY, KATHLEEN) (Entered: 08/08/2024)
8/5/2024BRIEF in Opposition filed by FUJIFILM CORPORATION re 40 MOTION to Dismiss First Amended Complaint (FLAX, MELISSA) (Entered: 08/05/2024)
7/18/2024Letter from Kathleen N. Fennelly Advising Court of Motions Filed to Date. (FENNELLY, KATHLEEN) (Entered: 07/18/2024)
7/18/2024Set Deadlines as to 40 MOTION to Dismiss First Amended Complaint. Motion set for 8/19/2024 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) (Entered: 07/18/2024)
7/17/2024LETTER ORDER: Initial Conference set for 9/13/2024 at 2:00 PM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 7/17/24. (jbb) (Entered: 07/17/2024)
7/15/2024 MOTION to Dismiss First Amended Complaint by EASTMAN KODAK COMPANY. Responses due by 8/5/2024. (Attachments: # 1 Brief In Support of Motion to Dismiss First Amended Complaint, # 2 Text of Proposed Order, # 3 Certificate of Service)(CURTIN, THOMAS) (Entered: 07/15/2024)
6/26/2024ORDER withdrawing 25 Motion to Dismiss; The time within which Kodak must answer, move or otherwise respond to the Amended Complaint is hereby extended through and including July 15, 2024. Signed by Magistrate Judge Jessica S. Allen on 6/26/2024. (ld, ) (Entered: 06/27/2024)
6/24/2024Letter from Kathleen N. Fennellly forwarding Proposed Consent Order Withdrawing Motion to Dismiss and Extending Time to Respond to Amended Complaint re 37 Order,. (Attachments: # 1 Text of Proposed Order (Consent Order))(FENNELLY, KATHLEEN) (Entered: 06/24/2024)
6/20/2024Pro Hac Vice counsel, JOSH A. KREVITT, ESQ., LAURA CORBIN, ESQ., ERIC A. MENIST, ESQ., ALLYSON PARKS, ESQ., MICHELLE J. ZHU, ESQ., and CLAIRE SANTIAGO, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) (Entered: 06/20/2024)
6/20/202437TEXT ORDER: The Court is in receipt of Plaintiff's Amended Complaint (ECF No. 30 ). Defendant Eastman Kodak Company is directed to file a response on or before 6/27/24, addressing its position regarding whether Plaintiff's filing of the Amended Complaint has any impact on Defendant's pending Motion to Dismiss (ECF No. 25 ). See GEICO v. Mount Prospect, et al., 98 F.4th 463, 473 (3d Cir. 2024). So Ordered by Magistrate Judge Jessica S. Allen on 6/20/24. (jbb) (Entered: 06/20/2024)
6/17/2024Notice of Request by Pro Hac Vice Claire Santiago to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15452962.) (FENNELLY, KATHLEEN) (Entered: 06/17/2024)
6/17/2024Notice of Request by Pro Hac Vice Michelle J. Zhu to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15452951.) (FENNELLY, KATHLEEN) (Entered: 06/17/2024)
6/17/2024Notice of Request by Pro Hac Vice Allyson Parks to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15452913.) (FENNELLY, KATHLEEN) (Entered: 06/17/2024)
6/17/2024Notice of Request by Pro Hac Vice Eric A. Menist to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15452900.) (FENNELLY, KATHLEEN) (Entered: 06/17/2024)
6/17/2024Notice of Request by Pro Hac Vice Laura Corbin to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15452894.) (FENNELLY, KATHLEEN) (Entered: 06/17/2024)
6/17/2024Notice of Request by Pro Hac Vice Josh A. Krevitt to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15452878.) (FENNELLY, KATHLEEN) (Entered: 06/17/2024)
6/17/2024AMENDED COMPLAINT FOR PATENT INFRINGEMENT against All Defendants All Defendants., filed by FUJIFILM CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(AGNELLO, JOHN) (Entered: 06/17/2024)
6/17/2024Reset Deadlines as to 25 MOTION to Dismiss . Motion set for 7/15/2024 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw, ) (Entered: 06/17/2024)
6/14/2024Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 25 MOTION to Dismiss . (FLAX, MELISSA) (Entered: 06/14/2024)
6/3/2024ORDER granting Leave to Appear Pro Hac Vice as to Josh A. Krevitt, Laura Corbin, Eric A. Menist, Allyson Parks, Michelle J. Zhu, Claire Santiago, and Monica Lin. Signed by Magistrate Judge Jessica S. Allen on 6/3/2024. (ld, ) (Entered: 06/04/2024)
6/3/2024Set Deadlines as to 25 MOTION to Dismiss . Motion set for 7/1/2024 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) (Entered: 06/03/2024)
5/31/2024Letter from Kathleen N. Fennelly Forwarding Consent Applicaiton for Pro Hac Vice Admission. (Attachments: # 1 Declaration of Kathleen N. Fennelly in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 2 Declaration of Josh A. Krevitt in Support of Consent Applicaiton for Pro Hac Vice Admission, # 3 Declaration of Laura Corbin in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 4 Declaration of Eric A. Menist in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 5 Declaration of Allyson Parks in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 6 Declaration of Michelle J. Zhu in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 7 Declaration of Claire Santiago in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 8 Declaration of Monica Lin in Support of Consent Applicaiton for Pro Hac Vice Admissio, # 9 Text of Proposed Order Granting Consent Application for Pro Hac Vice Admission)(FENNELLY, KATHLEEN) (Entered: 05/31/2024)
5/30/2024Corporate Disclosure Statement by EASTMAN KODAK COMPANY. (CURTIN, THOMAS) (Entered: 05/30/2024)
5/30/2024 MOTION to Dismiss by EASTMAN KODAK COMPANY. Responses due by 6/17/2024. (Attachments: # 1 Brief In Support of Motion to Dismiss, # 2 Certification of Thomas R. Curtin in Support of Motion to Dismiss, # 3 Text of Proposed Order, # 4 Certificate of Service)(CURTIN, THOMAS) (Entered: 05/30/2024)
5/30/2024NOTICE of Appearance by BENJAMIN HERSHKOWITZ on behalf of EASTMAN KODAK COMPANY (HERSHKOWITZ, BENJAMIN) (Entered: 05/30/2024)
5/8/2024NOTICE of Appearance by KATHLEEN N. FENNELLY on behalf of EASTMAN KODAK COMPANY (FENNELLY, KATHLEEN) (Entered: 05/08/2024)
5/3/2024LETTER ORDER granting Kodak's 21 request for an additional fourteen day extension of time to respond to the Complaint, through and including May 30, 2024. Signed by Magistrate Judge Jessica S. Allen on 5/3/2024. (ld, ) (Entered: 05/03/2024)
5/2/2024Letter from Thomas R. Curtin, Esq., Requesting On Consent Additional Time to Respond to Complaint. (CURTIN, THOMAS) (Entered: 05/02/2024)
4/12/2024ORDER EXTENDING TIME TO RESPOND TO COMPLAINT; that the time for Kodak to respond to the Complaint be and is hereby extended up to and including May 16, 2024.. Signed by Magistrate Judge Jessica S. Allen on 4/12/2024. (ld, ) (Entered: 04/12/2024)
4/11/2024NOTICE of Appearance by JOHN MICHAEL AGNELLO on behalf of FUJIFILM CORPORATION (AGNELLO, JOHN) (Entered: 04/11/2024)
4/11/2024NOTICE of Appearance by JAMES E. CECCHI on behalf of FUJIFILM CORPORATION (CECCHI, JAMES) (Entered: 04/11/2024)
4/11/2024Letter from John M. Agnello to Hon. Jessica S. Allen, U.S.M.J.. (FLAX, MELISSA) (Entered: 04/11/2024)
4/11/2024NOTICE of Appearance by MELISSA ELLEN FLAX on behalf of FUJIFILM CORPORATION (FLAX, MELISSA) (Entered: 04/11/2024)
4/3/2024AO120 Patent Form filed. (Attachments: # 1 Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 6, # 7 Exhibit 7) (ld, ) (Entered: 04/03/2024)
3/27/2024SUMMONS Returned Executed by FUJIFILM CORPORATION. EASTMAN KODAK COMPANY served on 3/26/2024, answer due 4/16/2024. (HARPER, RICHARD) (Entered: 03/27/2024)
3/26/2024Pro Hac Vice counsel, ROBERT L. MAIER, ESQ., JENNIFER C. TEMPESTA, ESQ., MEGAN LADRIERE WHITE, ESQ., ZHENGMAO ZHU, ESQ., STEPHANIE KATO, ESQ., BOYANG ZHANG, ESQ., and LU YAN, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Lu Yan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15212033.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Boyang Zhang to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15212016.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Stephanie Kato to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15211984.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Zhengmao Zhu to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15211936.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Megan LaDriere White to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15211912.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Jennifer C. Tempesta to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15211890.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/26/2024Notice of Request by Pro Hac Vice Robert L. Maier to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15211874.) (HARPER, RICHARD) (Entered: 03/26/2024)
3/25/2024SUMMONS ISSUED as to EASTMAN KODAK COMPANY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) (Entered: 03/25/2024)
3/22/2024ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Robert L. Maier, Esq., Jennifer C. Tempesta, Esq., Megan LaDriere White, Esq., Zhengmao Zhu, Esq., Stephanie C. Kato, Esq., Boyang Zhang, Esq., and Lu Yan, Esq.. Signed by Magistrate Judge Jessica S. Allen on 3/22/2024. (ld, ) (Entered: 03/22/2024)
3/22/2024Case Assigned to Magistrate Judge Jessica S. Allen. (ak, ) (Entered: 03/22/2024)
3/21/2024Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice of R. Maier, J. Tempesta, M. White, Z. Zhu, S. Kato, B. Zhang and L. Yan. Motion set for 4/15/2024 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 03/21/2024)
3/20/2024 MOTION for Leave to Appear Pro Hac Vice of R. Maier, J. Tempesta, M. White, Z. Zhu, S. Kato, B. Zhang and L. Yan by FUJIFILM CORPORATION. (Attachments: # 1 Declaration of R. Maier, # 2 Declaration of J. Tempesta, # 3 Declaration of M. White, # 4 Declaration of Z. Zhu, # 5 Declaration of S. Kato, # 6 Declaration of B. Zhang, # 7 Declaration of L. Yan, # 8 Text of Proposed Order)(HARPER, RICHARD) (Entered: 03/20/2024)
3/20/2024NOTICE of Appearance by RICHARD B. HARPER on behalf of FUJIFILM CORPORATION (HARPER, RICHARD) (Entered: 03/20/2024)
3/20/2024Corporate Disclosure Statement by FUJIFILM CORPORATION identifying FUJIFILM Holdings Corporation as Corporate Parent.. (HARPER, RICHARD) (Entered: 03/20/2024)
3/20/2024COMPLAINT against EASTMAN KODAK COMPANY ( Filing and Admin fee $ 405 receipt number ANJDC-15196501) with JURY DEMAND, filed by FUJIFILM CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Civil Cover Sheet, # 23 Summons)(HARPER, RICHARD) (Entered: 03/20/2024)