Juul Labs, Inc. v. WeVapeUSA
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Sanket J Bulsara |
| Case #: | 1:20-cv-03097 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | Jul 10, 2020 |
| Terminated: | Jan 07, 2021 |
| Last checked: Wednesday Jan 06, 2021 5:34 AM EST |
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Defendant
WeVapeUSA
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Plaintiff
Juul Labs, Inc.
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Represented By
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| Docket last updated: 7 hours ago |
| Thursday, January 14, 2021 | ||
| 19 | 19
notice
Notice of Report Patent or Trademark AO120
Thu 01/14 12:41 PM
Notice of Report on the filing of an action regarding a Patent or Trademark. (Hong, Loan) |
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Att: 1
Electronic order dismissing case
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| Thursday, January 07, 2021 | ||
| 18 | 18
notice
Notice of Voluntary Dismissal
Thu 01/07 4:54 PM
NOTICE of Voluntary Dismissal by Juul Labs, Inc. (Maroulis, Victoria) |
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order
Order Dismissing Case
Thu 01/07 5:03 PM
ORDER DISMISSING CASE: The18 Notice of Voluntary Dismissal is So Ordered. Ordered by Judge Pamela K. Chen on 1/7/2021. (Larson, Emma) |
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| Friday, December 11, 2020 | ||
| 17 | 17
service
Affidavit of Service
Fri 12/11 2:39 PM
AFFIDAVIT of Service for Default Request, Declaration and Proposed Certificate Draft served on by mail on David Alfih on November 30, 2020, filed by Juul Labs, Inc.. (Pease, Thomas) |
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| Monday, December 07, 2020 | ||
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order
1 - Terminate Deadlines
Mon 12/07 2:39 PM
ORDER: The Court's 12/3/2020 order supersedes the Court's 10/22/2020 order. The portion of the 10/22/2020 order that relates to the timing of the default judgment motion is vacated. Per Judge Chen's order, the motion for default judgment shall be filed by 2/1/2021 . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/7/2020. (Altreuter, Sylvia) |
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| Thursday, December 03, 2020 | ||
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order
Scheduling Order
Thu 12/03 8:08 AM
ORDER: Plaintiff is directed to file a motion for default judgment by February 1, 2021. Ordered by Judge Pamela K. Chen on 12/3/2020. (Larson, Emma) |
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| Tuesday, December 01, 2020 | ||
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order
Order Reassigning Case
Tue 12/01 10:41 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 12/1/2020. (Bowens, Priscilla) |
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| Monday, November 30, 2020 | ||
| 16 | 16
order
Clerks Entry of Default
Mon 11/30 11:09 AM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant WeVapeUSA has failed to appear or otherwise defend this action, the default of defendant WeVapeUSA is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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| Monday, November 23, 2020 | ||
| 15 | 15
misc
Request for Certificate of Default
Mon 11/23 4:51 PM
Request for Certificate of Default by Juul Labs, Inc. (Pease, Thomas) |
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Att: 1
Declaration of Thomas Pease in Support,
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Att: 2
Proposed Certificate of Default Form
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| Monday, October 26, 2020 | ||
| 14 | 14
service
Acknowledgment of Service
Mon 10/26 12:07 PM
ACKNOWLEDGMENT OF SERVICE Executed as to Order Acknowledgement filed by Juul Labs, Inc.. (Pease, Thomas) |
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| Friday, October 23, 2020 | ||
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order
Order(Other)
Fri 10/23 11:15 AM
ORDER: Counsel for Plaintiff is directed to serve a copy of this Court's order dated October 22, 2020, on Defendant and file proof of service on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/23/2020. (Altreuter, Sylvia) |
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order
Order(Other)
Fri 10/23 11:15 AM
ORDER: Counsel for Plaintiff is directed to serve a copy of this Court's order dated October 22, 2020, on Defendant and file proof of service on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/23/2020. (Altreuter, Sylvia) |
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| Thursday, October 22, 2020 | ||
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order
Order(Other) 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines
Thu 10/22 12:24 PM
ORDER: In light of the failure for counsel for the defendant corporation to make an appearance in this case, the initial conference scheduled for 10/23/2020 is adjourned sine die . Plaintiff shall seek a certificate of default by 11/23/2020 , and file any motion for default judgment by 1/22/2021 . Failure to take action consistent with these deadlines will lead to the closure of this case and dismissal of the complaint without prejudice. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/22/2020. (Manson, Eddie) |
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| Friday, September 11, 2020 | ||
| 13 | 13
service
Acknowledgment of Service
Fri 09/11 3:42 PM
ACKNOWLEDGMENT OF SERVICE Executed Acknowledgement filed by Juul Labs, Inc.. (Pease, Thomas) |
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| Thursday, September 10, 2020 | ||
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order
Order on Motion to Stay Scheduling Order
Thu 09/10 11:49 AM
ORDER: The Motion to stay12 is denied. Defendant WeVapeUSA is apparently a corporation, not an individual; corporations may not proceed pro se in federal court, and corporations who fail to obtain counsel may have a default judgment entered against them. See Premium Sports, Inc. v. Mendes , No. 17-CV-1309, 2018 WL 2078488, at *5 (E.D.N.Y. Mar. 1, 2018) (citing Shapiro, Bernstein & Co. v. Cont'l Record Co. , 386 F.2d 426, 427 (2d Cir. 1967) (per curiam) ("[I]t is settled law that a corporation cannot appear other than by its attorney.")), report and recommendation adopted , Order (Mar. 16, 2018). An initial/telephone conference will be held at 2:30 PM on 10/23/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 2:30 PM conference. The motion to stay may be renewed at the initial conference, assuming Defendant appears via counsel. Counsel for Plaintiff is directed to serve a copy of this order on Defendant and file proof of service on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/10/2020. (Altreuter, Sylvia) |
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| Wednesday, September 09, 2020 | ||
| 12 | 12
motion
Stay
Wed 09/09 7:11 PM
Joint MOTION to Stay Case & Stipulation by Juul Labs, Inc.. (Maroulis, Victoria) |
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Att: 1
Exhibit A - Complaint,
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Att: 2
Exhibit B - Notice of Institution
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| Thursday, August 27, 2020 | ||
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utility
Case Assigned/Reassigned
Thu 08/27 12:02 PM
Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Robert M. Levy no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Lee, Tiffeny) |
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| Wednesday, August 26, 2020 | ||
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order
Patent Pilot Reassignment Order
Wed 08/26 12:45 PM
PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case from the patent pilot wheel. Ordered by Magistrate Judge Robert M. Levy on 8/26/2020. (Marino, Janine) |
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| Tuesday, July 21, 2020 | ||
| 11 | 11
service
Affidavit of Service
Tue 07/21 9:58 AM
AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Notice, Judge Levy's Individual Rules, and Magistrate Judge Matsumoto's served on WeVapeUSA on July 16, 2020, filed by Juul Labs, Inc.. (Pease, Thomas) |
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| Friday, July 17, 2020 | ||
| 10 | 10
notice
Notice of Report Patent or Trademark AO120
Fri 07/17 2:52 PM
Notice of Report on the filing of an action regarding a Patent or Trademark. (Rocco, Christine) |
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Att: 1
complaint
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| Thursday, July 16, 2020 | ||
| 9 | 9
notice
Notice of Appearance
Thu 07/16 3:18 PM
NOTICE of Appearance by Kevin P.B. Johnson on behalf of Juul Labs, Inc. (aty to be noticed) (Johnson, Kevin) |
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| 8 | 8
notice
Notice of Appearance
Thu 07/16 3:01 PM
NOTICE of Appearance by Victoria F. Maroulis on behalf of Juul Labs, Inc. (aty to be noticed) (Maroulis, Victoria) |
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| Monday, July 13, 2020 | ||
| 7 | 7
misc
Quality Control Check - Attorney Case Opening
Mon 07/13 3:08 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 6 | 6
misc
Clerks Notice of Rule 73
Mon 07/13 3:05 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| 5 | 5
service
Summons Issued
Mon 07/13 3:04 PM
Summons Issued as to WeVapeUSA. (Bowens, Priscilla) |
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| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Mon 07/13 2:13 PM
Civil Cover Sheet.. Re1 Complaint, by Juul Labs, Inc. (Pease, Thomas) |
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notice
Notice: Re: Incomplete Civil Cover Sheet
Mon 07/13 12:03 PM
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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utility
Case Assigned/Reassigned
Mon 07/13 2:26 PM
Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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| Friday, July 10, 2020 | ||
| 3 | 3
notice
Notice(Other)
Fri 07/10 7:31 PM
NOTICE by Juul Labs, Inc. (Pease, Thomas) |
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| 2 | 2
misc
Corporate Disclosure Statement
Fri 07/10 7:30 PM
Corporate Disclosure Statement by Juul Labs, Inc. identifying Corporate Parent Altria Group, Inc. for Juul Labs, Inc.. (Pease, Thomas) |
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| 1 | 1
9
pgs
cmp
Complaint
Fri 07/10 7:29 PM
COMPLAINT against WeVapeUSA filing fee $ 400, receipt number ANYEDC-13049500 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Juul Labs, Inc.. (Pease, Thomas) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Civil Cover Sheet,
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Att: 6
Proposed Summons
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