Minnesota District Court
Judge:Jeffrey M Bryan
Referred: Douglas L Micko
Case #: 0:23-cv-00443
Nature of Suit830 Property Rights - Patent
Cause35:271 Patent Infringement
Case Filed:Feb 22, 2023
Terminated:May 17, 2024
Last checked: Saturday Aug 26, 2023 5:34 AM CDT
Counter Claimant
Fireaway Inc.
Represented By
Michael P. Adams
Dykema Gossett PLLC
contact info
Michael R Carey
Dykema Gossett, PLLC
contact info
Robert Daniel Garza
Dykema Gossett PLLC
contact info
Jack Daniel Harkins
Dykema Gossett PLLC
contact info
Counter Defendant
Nano Fire LLC
Represented By
David Hecht
Hecht Partners LLP
contact info
Shannon L Bjorklund
Dorsey & Whitney LLP
contact info
Delphine Winthrop Knight Brown
Hecht Partners LLP
contact info
Edward B Magarian
Dorsey & Whitney LLP
contact info
Defendant
Fireaway Inc.
Represented By
Michael P. Adams
Dykema Gossett PLLC
contact info
Michael R Carey
Dykema Gossett, PLLC
contact info
Robert Daniel Garza
Dykema Gossett PLLC
contact info
Jack Daniel Harkins
Dykema Gossett PLLC
contact info
Plaintiff
Nano Fire LLC
Represented By
David Hecht
Hecht Partners LLP
contact info
Shannon L Bjorklund
Dorsey & Whitney LLP
contact info
Delphine Winthrop Knight Brown
Hecht Partners LLP
contact info
Edward B Magarian
Dorsey & Whitney LLP
contact info


Docket last updated: 03/18/2025 11:59 PM CDT
Friday, May 17, 2024
45 45 order Judgment (Clerk's Office Only) Fri 05/17 12:13 PM
JUDGMENT(MMP)
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Att: 1 Civil Notice - appeal
44 44 1 pgs order Order Dismissing Case Fri 05/17 11:58 AM
ORDER DISMISSING CASE Signed by Judge Jeffrey M. Bryan on 5/17/2024. (LIA)
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Thursday, May 16, 2024
43 43 misc Proposed Order to Judge re Stipulation Thu 05/16 10:36 AM
PROPOSED ORDER TO JUDGE re42 Stipulation of Dismissal. (Bjorklund, Shannon)
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42 42 misc Stipulation of Dismissal Thu 05/16 10:35 AM
STIPULATION of Dismissal with Prejudice by Nano Fire LLC. Jointly Signed by Fireaway Inc.. (Bjorklund, Shannon)
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Tuesday, March 26, 2024
41 41 order Order Cancelling Deadline & Hearing Tue 03/26 10:17 AM
(Text-Only) ORDER. The Court has received notice from the parties that this matter has settled. The parties are directed to file a Stipulation for Dismissal or a joint update on the settlement finalization process on or before April 26, 2024. Pending filing of a Stipulation for Dismissal or status update, all deadlines in this case are stayed. The Settlement Conference set for March 27, 2024, is hereby CANCELED. Ordered by Magistrate Judge Douglas L. Micko on 3/26/2024. (jme)
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Thursday, January 11, 2024
40 40 17 pgs misc Joint Claim Construction Statement Thu 01/11 8:02 PM
Joint Claim Construction Statement by Nano Fire LLC. (Knight Brown, Delphine)
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Monday, January 08, 2024
39 39 notice Notice to Attorney - New Judge JMB Case Reassigned Mon 01/08 4:52 PM
(Text-Only) CLERK'S NOTICE OF REASSIGNMENT. Due to the appointment of Judge Jeffrey M. Bryan, this case is reassigned to him. Judge Katherine M. Menendez is no longer assigned to the case. NOTE: the new case number is 23-cv-443 JMB/DLM . Please use this case number for all subsequent pleadings. . Note: any current hearings or conferences before the district judge in this case are canceled unless otherwise indicated by the new DJ courtroom deputy. (kt)
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Tuesday, January 02, 2024
38 38 minutes Status Conference Tue 01/02 3:35 PM
(Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Douglas L. Micko on 1/2/2024: Status Conference. No Digital Recording St. Paul Courthouse, Zoom Audio Conference Time: 2:00pm-2:31pm Total Time: 31 minutes APPEARANCES: For Plaintiff: Delphine Knight Brown; Shannon Bjorklund For Defendant: Mike Adams; Karen Poppel PROCEEDINGS: The Court held a status conference to discuss the parties' Joint Statement Regarding Claim Construction Hearing, received on December 21, 2023 and on file with chambers. In their Joint Statement, Defendant requests that the Court delay the claim construction hearing until after a decision on an as-yet unfiled motion to compel related to Plaintiff's objections to Defendant's invalidity contentions. The Court construes Defendant's request as a motion to modify the scheduling order as it relates to claim construction and, finding no good cause to do so, DENIES the motion. (jme)
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Thursday, December 28, 2023
37 37 order Order/Notice of Hearing/Deadlines (Setting/Resetting) Thu 12/28 3:51 PM
(Text-Only) ORDER/NOTICE: Status Conference set for 1/2/2024 at 02:00 PM via Zoom Audio-only Conference (no courtroom) before Magistrate Judge Douglas L. Micko. Please go to Zoomgov.com and use the following login information to join the hearing: Meeting URL: https://www.zoomgov.com/j/1605417438?pwd=eDAyM2VPbjcvYlNNTmc5T1grYjFhQT09, Meeting ID: 160 541 7438, Passcode: 340449. Ordered by Magistrate Judge Douglas L. Micko on 12/28/2023. (jme)
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Monday, December 11, 2023
36 36 5 pgs order Order/Notice of Hearing/Deadlines (Setting/Resetting) Mon 12/11 3:47 PM
ORDER FOR SETTLEMENT CONFERENCE: Parties are directed to Meet and Confer by 3/15/2024. Confidential Letter to Court due by 3/20/2024. The Settlement Conference is reset for 3/27/2024 at 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Douglas L. Micko. Signed by Magistrate Judge Douglas L. Micko on 12/11/2023. (jme)
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Friday, July 14, 2023
35 35 8 pgs order Order on Stipulation Fri 07/14 2:40 PM
ORDER ESTABLISHING ESI PROTOCOL. Signed by Magistrate Judge Douglas L. Micko on 7/14/2023. (jme)
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34 34 8 pgs misc Proposed Order to Judge re Stipulation Fri 07/14 12:52 PM
PROPOSED ORDER TO JUDGE re33 Stipulation. (Bjorklund, Shannon)
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33 33 10 pgs misc Stipulation Fri 07/14 12:47 PM
STIPULATION Establishing ESI Protocol by Nano Fire LLC. Jointly Signed by Fireaway Inc.. (Bjorklund, Shannon)
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Thursday, July 13, 2023
32 32 10 pgs misc Stipulation Thu 07/13 2:39 PM
STIPULATION Establishing ESI Protocol by Nano Fire LLC. Jointly Signed by Fireaway Inc.. (Bjorklund, Shannon)
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Wednesday, July 12, 2023
31 31 6 pgs order Protective Order Wed 07/12 10:16 AM
PROTECTIVE ORDER. Signed by Magistrate Judge Douglas L. Micko on 7/12/2023.(jme)
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Tuesday, July 11, 2023
30 30 6 pgs misc Proposed Order to Judge re Stipulation Tue 07/11 12:32 PM
PROPOSED ORDER TO JUDGE re29 Stipulation. (Bjorklund, Shannon)
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29 29 8 pgs misc Stipulation Tue 07/11 12:30 PM
STIPULATION for Protective Order by Nano Fire LLC. Jointly Signed by Fireaway Inc.. (Bjorklund, Shannon)
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Friday, July 07, 2023
28 28 order Order in Response to Letter/Request/E-mail Fri 07/07 11:49 AM
(Text-Only) ORDER in Response to E-mail: Pursuant to a joint request from the parties received via email, the deadline for developing a proposed protective order and ESI protocol are extended to July 13, 2023. Ordered by Magistrate Judge Douglas L. Micko on 7/7/2023. (jme)
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Friday, June 23, 2023
27 27 5 pgs order Order/Notice of Hearing/Deadlines (Setting/Resetting) Fri 06/23 4:20 PM
ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 2/29/2024. Parties are directed to Meet and Confer by 2/27/2024. Settlement Conference set for 3/7/2024 at 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Douglas L. Micko. Signed by Magistrate Judge Douglas L. Micko on 6/23/2023. (jme)
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Thursday, June 22, 2023
26 26 order Order in Response to Letter/Request/E-mail Thu 06/22 9:19 AM
(Text-Only) ORDER in Response to Plaintiff's request to change its name in the case caption in the19 Rule 26(f) Report, which this Court construes as a motion. The Court directs the Clerk's Office to change the case caption to reflect Plaintiff's legal name Nano Fire LLC. Ordered by Magistrate Judge Douglas L. Micko on 6/22/2023. (AEF)
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Wednesday, June 21, 2023
25 25 17 pgs order Scheduling Order Wed 06/21 12:34 PM
SCHEDULING ORDER: Amended Pleadings due by 10/16/2023. Fact Discovery due by 4/15/2024. Expert Discovery due by 4/29/2024. Motions (non-disp) due 4/29/2024. Motions (disp) due by 7/3/2024. Ready for trial due by 11/4/2024. Signed by Magistrate Judge Douglas L. Micko on 6/21/2023. (AEF)
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24 24 1 pgs minutes Pretrial Conference - Initial Wed 06/21 12:12 PM
Minute Entry for proceedings held before Magistrate Judge Douglas L. Micko: Initial Pretrial Conference held on 6/21/2023. (Court Reporter n/a) (AEF)
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Thursday, June 01, 2023
23 23 3 pgs order Order/Notice of Hearing/Deadlines (Setting/Resetting) Thu 06/01 4:14 PM
ORDER SETTING PRETRIAL CONFERENCE: Pretrial Conference set for 6/21/2023 at 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Douglas L. Micko. Signed by Magistrate Judge Douglas L. Micko on 6/1/2023. (jme)
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Att: 1 Consent Form,
Att: 2 26(f) report template
Monday, May 15, 2023
22 22 6 pgs misc Statement of Case (cv) Mon 05/15 8:32 PM
STATEMENT OF CASE as to Fireaway Inc.. (Carey, Michael)
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21 21 service Certificate of Service Mon 05/15 7:02 PM
CERTIFICATE OF SERVICE by Nanofire LLC re20 Statement of Case (Knight Brown, Delphine)
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20 20 5 pgs misc Statement of Case (cv) Mon 05/15 5:55 PM
STATEMENT OF CASE as to Nanofire LLC. (Knight Brown, Delphine)
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19 19 13 pgs misc Rule 26(f) Report Mon 05/15 5:53 PM
REPORT of Rule 26(f) Planning Meeting. Filed by Nanofire LLC. Jointly Signed by Nano Fire LLC and Fireaway Inc..(Knight Brown, Delphine)
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18 18 notice Notice to Attorney - Case Reassigned to DLM Mon 05/15 11:44 AM
(Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Douglas L. Micko, this case is reassigned to him. Magistrate Judge Leo I. Brisbois is no longer assigned to the case. NOTE: the new case number is 23-cv-443 KMM/DLM . Please use this case number for all subsequent filings. Scheduling orders entered before this case was reassigned will remain in effect unless otherwise ordered by the Court. If a previously scheduled proceeding conflicts with an event already on Magistrate Judge Micko's schedule, the parties will be contacted, and a new date and time agreed upon. Magistrate Judge Micko's [LINK:practice pointers] are available on the Court's website. Please contact Magistrate Judge Micko's chambers, at 651-848-1900, for scheduling or other matters. (CLK)
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Monday, May 01, 2023
17 17 order Order on Motion for Admission Pro Hac Vice Mon 05/01 2:45 PM
(Text-Only) ORDER granting14 Motion for Admission Pro Hac Vice of Attorney Michael P. Adams for Fireaway Inc.; granting15 Motion for Admission Pro Hac Vice of Attorney Robert Daniel Garza for Fireaway Inc.; granting16 Motion for Admission Pro Hac Vice of Attorney Jack Daniel Harkins for Fireaway Inc. Approved by Magistrate Judge Leo I. Brisbois on 5/1/2023. (jam)
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Thursday, April 27, 2023
16 16 2 pgs motion Pro Hac Vice (Filing Attorney is a Minnesota Resident) Thu 04/27 2:30 PM
MOTION for Admission Pro Hac Vice for Attorney J. Daniel Harkins. Filing fee $ 100, receipt number AMNDC-10234276 filed by Fireaway Inc.. (Carey, Michael)
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15 15 2 pgs motion Pro Hac Vice (Filing Attorney is a Minnesota Resident) Thu 04/27 2:28 PM
MOTION for Admission Pro Hac Vice for Attorney Robert Daniel Garza. Filing fee $ 100, receipt number AMNDC-10234255 filed by Fireaway Inc.. (Carey, Michael)
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14 14 2 pgs motion Pro Hac Vice (Filing Attorney is a Minnesota Resident) Thu 04/27 2:25 PM
MOTION for Admission Pro Hac Vice for Attorney Michael P. Adams. Filing fee $ 100, receipt number AMNDC-10234234 filed by Fireaway Inc.. (Carey, Michael)
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Wednesday, April 26, 2023
13 13 9 pgs answer Reply to Counterclaim Wed 04/26 4:17 PM
REPLY to Counterclaim filed by Nanofire LLC. (Hecht, David)
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Tuesday, April 18, 2023
12 12 1 pgs discov Rule 7.1 - Disclosure Statement Tue 04/18 2:18 PM
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Fireaway Inc.. (Carey, Michael)
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Thursday, April 13, 2023
11 11 17 pgs order Scheduling Order Thu 04/13 3:34 PM
PRETRIAL SCHEDULING NOTICE AND ORDER: See Notice and Order for document submission deadlines. Signed by Magistrate Judge Leo I. Brisbois on 4/13/2023.(JLB)
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Att: 1 The Case for Aggressive Civility,
Att: 2 Consent Form
Wednesday, April 05, 2023
10 10 34 pgs answer Answer to Complaint Counterclaim Wed 04/05 5:48 PM
DEFENDANT FIREAWAY, INC.'S ANSWER to Complaint AFFIRMATIVE DEFENSES AND , COUNTERCLAIM against Nanofire LLC. filed by Fireaway Inc.. (Carey, Michael)
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Friday, March 24, 2023
9 9 1 pgs service Summons Returned Executed Fri 03/24 2:41 PM
SUMMONS Returned Executed by Nanofire LLC. Fireaway Inc. served on 3/15/2023, answer due 4/5/2023. (Hecht, David)
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Thursday, February 23, 2023
7 7 2 pgs service Summons Issued Thu 02/23 8:47 AM
Summons Issued as to Fireaway Inc. (CLK)
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notice Notice of Initial Case Assignment Thu 02/23 8:46 AM
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (3rd, 4th - Patent) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 23-cv-443 KMM/LIB. Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (CLK)
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order Order on Motion for Admission Pro Hac Vice Thu 02/23 10:40 AM
(Text-Only) ORDER granting4 Motion for Admission Pro Hac Vice of Attorney David Hecht for Nanofire LLC.; granting5 Motion for Admission Pro Hac Vice of Attorney Delphine Winthrop Knight Brown for Nanofire LLC. Approved by Magistrate Judge Leo I. Brisbois on 2/23/2023. (KMO)
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Wednesday, February 22, 2023
5 5 2 pgs motion Pro Hac Vice (Filing Attorney is a Minnesota Resident) Wed 02/22 6:21 PM
MOTION for Admission Pro Hac Vice for Attorney Delphine W. Knight Brown. Filing fee $ 100, receipt number AMNDC-10094115 filed by Nanofire LLC. (Bjorklund, Shannon)
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4 4 2 pgs motion Pro Hac Vice (Filing Attorney is a Minnesota Resident) Wed 02/22 6:15 PM
MOTION for Admission Pro Hac Vice for Attorney Daivd L. Hecht. Filing fee $ 100, receipt number AMNDC-10094103 filed by Nanofire LLC. (Bjorklund, Shannon)
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3 3 2 pgs discov Rule 7.1 - Disclosure Statement Wed 02/22 6:01 PM
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Nanofire LLC. (Bjorklund, Shannon)
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2 2 1 pgs misc Report on Filing of Patent/Trademark Action (AO 120) Wed 02/22 5:12 PM
REPORT ON FILING OF PATENT/TRADEMARK ACTION (AO 120)(USPTO noticed with filing). (Bjorklund, Shannon)
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1 1 15 pgs cmp Complaint Wed 02/22 5:05 PM
COMPLAINT against Fireaway Inc. (filing fee $ 402, receipt number AMNDC-10094008) filed by Nanofire LLC. Filer requests summons issued. (Bjorklund, Shannon)
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Att: 1 8 pgs Exhibit(s) 1,
Att: 2 6 pgs Exhibit(s) 2,
Att: 3 10 pgs Exhibit(s) 3,
Att: 4 4 pgs Exhibit(s) 4,
Att: 5 5 pgs Exhibit(s) 5,
Att: 6 2 pgs Exhibit(s) 6,
Att: 7 2 pgs Civil Cover Sheet