Nested Bean, Inc. v. Dreamland Baby Co.
| California Northern District Court | |
| Judge: | James Donato |
| Case #: | 3:20-cv-07546 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | Oct 27, 2020 |
| Terminated: | Aug 23, 2021 |
| Last checked: Sunday Apr 25, 2021 3:18 AM PDT |
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Defendant
Dreamland Baby Co.
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Represented By
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Plaintiff
Nested Bean, Inc.
131 Coolidge Street Suite 102
Hudson, MA 01749 |
Represented By
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| Docket last updated: 5 hours ago |
| Tuesday, October 05, 2021 | ||
| 47 | 47
order
Order ~Util - Terminate Motions
Tue 10/05 9:48 AM
ORDER. At the parties' joint request, Dkt. No. 46, the conditional dismissal, Dkt. No. 45, is extended to November 12, 2021. Signed by Judge James Donato on 10/5/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) |
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| Monday, October 04, 2021 | ||
| 46 | 46
motion
Stipulation and Proposed Order
Mon 10/04 12:27 PM
STIPULATION WITH PROPOSED ORDER re45 Order, Terminate Motions Joint Stipulation to Continue to Stay Litigation filed by Nested Bean, Inc..(Smith, Craig) |
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Att: 1
Proposed Order
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| Monday, August 23, 2021 | ||
| 45 | 45
1
pgs
order
Order ~Util - Terminate Motions
Mon 08/23 3:58 PM
ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge James Donato on 8/23/2021. (jdlc3S, COURT STAFF) |
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| Thursday, August 19, 2021 | ||
| 44 | 44
motion
Stipulation and Proposed Order
Thu 08/19 11:34 AM
STIPULATION WITH PROPOSED ORDER to Stay Litigation Pending Settlement filed by Dreamland Baby Co..(Day, Margaret) |
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Att: 1
Proposed Order
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| Monday, July 19, 2021 | ||
| 43 | 43
order
Order on Administrative Motion per Civil Local Rule 7-11
Mon 07/19 3:17 PM
Order. Defendant's request for construction of an additional 7 claims, Dkt. No. 38 , is denied. Construction is limited to 10 claims. Entered by Judge James Donato. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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| Tuesday, July 13, 2021 | ||
| 42 | 42
misc
Claim Construction Statement
Tue 07/13 9:11 PM
CLAIM CONSTRUCTION STATEMENT filed by Nested Bean, Inc.. (Carnevale, Eric) |
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| Tuesday, July 06, 2021 | ||
| 41 | 41
oth_sup
Declaration in Support
Tue 07/06 1:16 PM
Declaration of Eric P. Carnevale in Support of40 Opposition/Response to Motion, Declaration of Eric Carnevale In Support of Nested Bean's Opposition to Dreamland's Administrative Motion filed byNested Bean, Inc.. (Smith, Craig) |
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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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| 40 | 40
respm
Opposition/Response to Motion
Tue 07/06 1:04 PM
OPPOSITION/RESPONSE Nested Bean's Opposition to Dreamland's Motion For Administrative Relief filed byNested Bean, Inc.. (Smith, Craig) |
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| Tuesday, June 29, 2021 | ||
| 39 | 39
oth_sup
Declaration in Support
Tue 06/29 8:00 PM
Declaration of Brian N. Platt in Support of38 ADMINISTRATIVE MOTION to Allow Construction of Additional Claim Terms filed byDreamland Baby Co.. (Platt, Brian) |
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Att: 1
Exhibit A - Dreamland Baby Co.'s Patent LR 4-1 Disclosure of Terms for Construction,
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Att: 2
Exhibit B - Dreamland Baby Co.'s Supplemental Preliminary Invalidity Contentions,
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Att: 3
Exhibit C - Defendant Dreamland Baby Co.'s Preliminary Claim Constructions,
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Att: 4
Exhibit D - Nested Bean's Patent LR 4-2 Disclosure of Preliminary Claim Constructions
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| 38 | 38
motion
Administrative Motion per Civil Local Rule 7-11
Tue 06/29 7:57 PM
ADMINISTRATIVE MOTION to Allow Construction of Additional Claim Terms filed by Dreamland Baby Co.. Responses due by 7/6/2021. (Platt, Brian) |
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| Friday, March 05, 2021 | ||
| 37 | 37
misc
Report of Rule 26(f) Planning Meeting
Fri 03/05 1:26 PM
REPORT of Rule 26(f) Planning Meeting Rule 26(f) Joint Statement . (Smith, Craig) |
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| Tuesday, February 23, 2021 | ||
| 36 | 36
answer
Answer to Complaint
Tue 02/23 3:07 PM
ANSWER to Complaint with Jury Demand byDreamland Baby Co.. (Platt, Brian) |
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| Tuesday, February 09, 2021 | ||
| 35 | 35
order
Order ~Util - Terminate Motions
Tue 02/09 4:45 PM
ORDER. The motion to dismiss, Dkt. No. 29 , is suitable for decision without oral argument, Civil L.R. 7-1(b), and is denied. In the main, the motion is directed to arguing that plaintiff Nested Bean disclaimed "quilted-weighted" garments during patent prosecution, and so its infringement claim must fail. Dkt. No. 29 at 1. This portion of the motion relies heavily on prosecution history documents outside the complaint, and raises disputes about claim construction that are "not suitable for resolution on a motion to dismiss." Nalco Co. v. Chem-Mod, LLC , 883 F.3d 1337, 1349 (Fed. Cir. 2018). Even assuming that a heightened pleading standard applies, Nested Bean has also pleaded its two unfair competition claims with sufficient particularity under Federal Rule of Civil Procedure 9(b). See, e.g. , Harris v. R.J. Reynolds Vapor Co. , No. 15-CV-04075-JD, 2017 WL 3617061, at *1 (N.D. Cal. Aug. 23, 2017). The motion hearing on February 11, 2021, is vacated. Signed by Judge James Donato on 2/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) |
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| Wednesday, January 27, 2021 | ||
| 34 | 34
respm
Reply to Opposition/Response
Wed 01/27 9:53 AM
REPLY filed byDreamland Baby Co.. (Platt, Brian) |
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| Wednesday, January 20, 2021 | ||
| 33 | 33
oth_sup
Declaration in Support
Wed 01/20 3:04 PM
Declaration of Eric P. Carnevale in Support of32 Opposition/Response to Motion Declaration of Eric Carnevale In Support Of Nested Bean's Opposition to Defendant's Motion to Dismiss filed byNested Bean, Inc.. (Smith, Craig) |
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Att: 1
Exhibit A
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| 32 | 32
respm
Opposition/Response to Motion
Wed 01/20 3:00 PM
OPPOSITION/RESPONSE Nested Bean's Opposition to the Motion to Dismiss filed byNested Bean, Inc..(Smith, Craig) |
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Att: 1
Proposed Order
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| Wednesday, January 06, 2021 | ||
| 31 | 31
oth_sup
Request for Judicial Notice
Wed 01/06 8:16 AM
Request for Judicial Notice re30 Declaration in Support,29 MOTION to Dismiss filed byDreamland Baby Co.. (Platt, Brian) |
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| 30 | 30
oth_sup
Declaration in Support
Wed 01/06 8:15 AM
Declaration of Brian N. Platt in Support of29 MOTION to Dismiss filed byDreamland Baby Co.. (Platt, Brian) |
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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
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G
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| 29 | 29
motion
Dismiss
Wed 01/06 8:12 AM
MOTION to Dismiss filed by Dreamland Baby Co.. Motion Hearing set for 2/11/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 1/20/2021. Replies due by 1/27/2021.(Platt, Brian) |
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Att: 1
Proposed Order
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| 28 | 28
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Wed 01/06 8:07 AM
Certificate of Interested Entities by Dreamland Baby Co. (Platt, Brian) |
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| Tuesday, January 05, 2021 | ||
| 27 | 27
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Tue 01/05 12:30 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Platt, Brian) |
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| 26 | 26
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Tue 01/05 11:42 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Plaintiff's ADR Certification by Parties and Counsel (Smith, Craig) |
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| Monday, January 04, 2021 | ||
| 25 | 25
1
pgs
order
Order on Motion for Pro Hac Vice
Mon 01/04 11:31 AM
ORDER by Judge James Donato granting 24 Motion for Pro Hac Vice as to Brian N. Platt. (lrcS, COURT STAFF) |
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| Monday, December 28, 2020 | ||
| 24 | 24
motion
Pro Hac Vice
Mon 12/28 1:50 PM
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15371777.) filed by Dreamland Baby Co.. (Platt, Brian) |
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| Wednesday, December 02, 2020 | ||
| 23 | 23
1
pgs
order
Order on Motion for Pro Hac Vice
Wed 12/02 9:51 AM
ORDER by Judge James Donato granting 22 Motion for Pro Hac Vice as to Eric P. Carnevale. (lrcS, COURT STAFF) |
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| Tuesday, December 01, 2020 | ||
| 22 | 22
motion
Pro Hac Vice
Tue 12/01 11:14 AM
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15258061.) filed by Nested Bean, Inc.. (Carnevale, Eric) |
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| 21 | 21
1
pgs
order
Order on Motion for Pro Hac Vice
Tue 12/01 10:17 AM
ORDER by Judge James Donato granting 20 Motion for Pro Hac Vice as to Craig R. Smith. (lrcS, COURT STAFF) |
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| Monday, November 30, 2020 | ||
| 20 | 20
motion
Pro Hac Vice
Mon 11/30 10:09 AM
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15251634.) filed by Nested Bean, Inc.. (Smith, Craig) |
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| Wednesday, November 25, 2020 | ||
| 19 | 19
notice
Notice of Appearance
Wed 11/25 10:34 AM
NOTICE of Appearance by Marc Christopher Belloli (Belloli, Marc) |
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| Tuesday, November 24, 2020 | ||
| 18 | 18
1
pgs
order
Order Reassigning Case ~Util - Case Assigned/Reassigned
Tue 11/24 9:35 AM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed by Clerk.(bwS, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| 17 | 17
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Tue 11/24 8:00 AM
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmcS, COURT STAFF) |
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| 16 | 16
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Tue 11/24 7:54 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dreamland Baby Co... (Day, Margaret) |
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| 15 | 15
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Tue 11/24 7:52 AM
Certificate of Interested Entities by Dreamland Baby Co. (Day, Margaret) |
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| Tuesday, October 27, 2020 | ||
| 5 | 5
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Tue 10/27 7:02 PM
Corporate Disclosure Statement by Nested Bean, Inc. (Olesek, Megan Rae) |
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| 4 | 4
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Tue 10/27 6:56 PM
Certificate of Interested Entities by Nested Bean, Inc. (Olesek, Megan Rae) |
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| 3 | 3
misc
Patent/Trademark Report
Tue 10/27 6:52 PM
REPORT on the filing or determination of an action regarding (cc: form mailed to register). (Olesek, Megan Rae) |
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| 2 | 2
misc
Proposed Summons
Tue 10/27 6:47 PM
Proposed Summons. (Olesek, Megan Rae) |
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| 1 | 1
cmp
Complaint
Tue 10/27 6:43 PM
COMPLAINT against Dreamland Baby Co.. Filed byNested Bean, Inc..(Olesek, Megan Rae) |
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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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