Abhyanker v. United States Patent & Trademark Office
| California Northern District Court | |
| Judge: | Araceli Martinez-Olguin |
| Case #: | 3:23-cv-00746 |
| Nature of Suit | 895 Other Statutes - Freedom of Information Act |
| Cause | 05:552 Freedom of Information Act |
| Case Filed: | Feb 18, 2023 |
| Last checked: Saturday Aug 19, 2023 4:54 AM PDT |
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Defendant
United States Patent & Trademark Office
Silicon Valley Office 26 S 4th St
San Jose, CA 95112 |
Represented By
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Plaintiff
Raj Abhyanker
1580 West El Camino Real Suite 10
Mountain View, CA 94040 |
Represented By
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GPO
Dec 11 2023
SCHEDULING ORDER. The Court hereby VACATES the case management conference scheduled for December 12, 2023. Signed by Judge Araceli Martinez-Olguin on December 11, 2023. (amolc3, COURT STAFF) (Filed on 12/11/2023) |
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GPO
Aug 19 2024
ORDER GRANTING 35 Defendant USPTO's motion for summary judgment; DENYING Plaintiff's motions to file under seal. Signed by Judge Araceli Martinez-Olguin on August 19, 2024. (amolc3, COURT STAFF) (Filed on 8/19/2024) |
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GPO
Aug 19 2024
JUDGMENT. Signed by Judge Araceli Martinez-Olguin on August 19, 2024. (amolc3, COURT STAFF) (Filed on 8/19/2024) |
| Docket last updated: 2 hours ago |
| Monday, August 19, 2024 | ||
| 42 | 42
order
Judgment
Mon 08/19 5:10 PM
JUDGMENT. Signed by Judge Araceli Martinez-Olguin on August 19, 2024. (amolc3, COURT STAFF) |
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18
pgs
order
Order on Administrative Motion to Consider Whether Another Partys Material Should Be Sealed Order on Administrative Motion to File Under Seal
Mon 08/19 5:09 PM
ORDER GRANTING 35 Defendant USPTO's motion for summary judgment; DENYING Plaintiff's motions to file under seal. Signed by Judge Araceli Martinez-Olguin on August 19, 2024. (amolc3, COURT STAFF) |
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| Thursday, May 09, 2024 | ||
| 40 | 40
minutes
Motion Hearing
Thu 05/09 2:47 PM
Minute Entry for proceedings held before Judge Araceli Martinez-Olguin: Motions Hearing held on 5/9/2024. Argument heard; matter submitted. Court to issue written Order. Total Time in Court: 20 minutes. Court Reporter: Kelly Shainline. Plaintiff Attorney: Raj Vasant Abhyanker. Defendant Attorney: Michael Thomas Pyle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Date Filed: 5/9/2024) |
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| Thursday, March 14, 2024 | ||
| 39 | 39
motion
Administrative Motion to Consider Whether Another Partys Material Should Be Sealed
Thu 03/14 1:58 PM
Administrative Motion to Consider Whether Another Party's Material Should Be Sealed DEFENDANT USPTOS CIVIL LOCAL RULE 79-5(f) MOTION TO CONSIDER WHETHER DOCUMENTS PLAINTIFF HAS STATED ARE CONFIDENITAL SHOULD BE SEALED filed by United States Patent & Trademark Office.(Pyle, Michael) |
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Att: 1
DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
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| Tuesday, March 12, 2024 | ||
| 38 | 38
oth_evt
Clerk's Notice Continuing Motion Hearing ~Util - Set Motion and Deadlines/Hearings
Tue 03/12 4:23 PM
CLERK'S NOTICE CONTINUING MOTION HEARING re28 Administrative Motion to File Under Seal,35 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed. Motion Hearing set for 4/18/2024 IS CONTINUED TO 5/9/2024 at 2:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jlg, COURT STAFF) |
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| Wednesday, February 28, 2024 | ||
| 37 | 37
14
pgs
respm
Opposition/Response to Motion
Wed 02/28 8:09 PM
OPPOSITION/RESPONSE PLAINTIFFS OPPOSITION TO DEFENDANT USPTOS MOTION FOR SUMMARY JUDGMENT filed byRaj Abhyanker. (Abhyanker, Raj) |
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| Thursday, February 08, 2024 | ||
| 36 | 36
respm
Opposition/Response to Motion
Thu 02/08 6:08 PM
OPPOSITION/RESPONSE filed byRaj Abhyanker. (Abhyanker, Raj) |
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| Tuesday, February 06, 2024 | ||
| 35 | 35
motion
Administrative Motion to Consider Whether Another Partys Material Should Be Sealed
Tue 02/06 4:42 PM
Administrative Motion to Consider Whether Another Party's Material Should Be Sealed DEFENDANT USPTOS CIVIL LOCAL RULE 79-5(f) MOTION TO CONSIDER WHETHER DOCUMENTS PLAINTIFF HAS STATED ARE CONFIDENITAL SHOULD BE SEALED filed by United States Patent & Trademark Office.(Pyle, Michael) |
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Att: 1
DEFENDANTS MOTION FOR SUMMARY JUDGMENT,
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Att: 2
Declaration JOHN FERMAN,
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Att: 3
Declaration CAITLIN TRUJILLO,
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Att: 4
Exhibit 1,
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Att: 5
Exhibit 2,
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Att: 6
Exhibit 3,
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Att: 7
Exhibit 4,
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Att: 8
Exhibit 5,
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Att: 9
Exhibit 6,
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Att: 10
Exhibit 7,
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Att: 11
Exhibit 8,
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Att: 12
Exhibit 9,
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Att: 13
Exhibit 10,
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Att: 14
Exhibit 11,
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Att: 15
Exhibit 12,
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Att: 16
Exhibit 13,
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Att: 17
Exhibit 14,
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Att: 18
Exhibit 15,
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Att: 19
Proposed Order
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| Friday, January 12, 2024 | ||
| 34 | 34
respoth
Answer to Amended Complaint
Fri 01/12 10:15 AM
Answer to Amended Complaint FEDERAL DEFENDANTS ANSWER TO FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATI by United States Patent & Trademark Office. (Pyle, Michael) |
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| Wednesday, January 03, 2024 | ||
| 33 | 33
oth_sup
Declaration in Support
Wed 01/03 7:32 PM
Declaration of Raj Abhyanker in Support of27 Amended Complaint,32 Errata,31 Proposed Order,30 Opposition/Response to Motion, Declaration with Request To Seal Dkt 27-1, - Public Exhibits In Errata, And Request To Seal Opposition Dkt 30 And Proposed Order Dkt 31 thereof filed byRaj Abhyanker. (Abhyanker, Raj) |
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| 32 | 32
misc
Errata
Wed 01/03 7:28 PM
ERRATA re27 Amended Complaint Substitute PUBLIC exhibits by Raj Abhyanker. (Abhyanker, Raj) |
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| 31 | 31
misc
Proposed Order
Wed 01/03 4:38 PM
Proposed Order [PROPOSED] ORDER DENYING PLAINTIFFS ADMINISTRATIVE MOTION TO SEAL by United States Patent & Trademark Office. (Pyle, Michael) |
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| 30 | 30
respm
Opposition/Response to Motion
Wed 01/03 4:37 PM
OPPOSITION/RESPONSE DEFENDANTS OPPOSITION TO PLAINTIFFS ADMINISTRATIVE MOTION TO SEAL filed byUnited States Patent & Trademark Office. (Pyle, Michael) |
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| Monday, January 01, 2024 | ||
| 29 | 29
oth_sup
Declaration in Support
Mon 01/01 1:57 PM
Declaration of Raj Abhyanker in Support of28 Administrative Motion to File Under Seal Exhibits 1-7 to FAC Supplemental Declaration of Raj Abhyanker ISO Plaintiffs Administrative Motion to file Portions of Plaintiffs Exhibits to FAC Under Seal filed byRaj Abhyanker. (Abhyanker, Raj) |
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| Saturday, December 30, 2023 | ||
| 28 | 28
motion
Administrative Motion to File Under Seal
Sat 12/30 2:10 AM
Administrative Motion to File Under Seal Exhibits 1-7 to FAC filed by Raj Abhyanker.(Abhyanker, Raj) |
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Att: 1
Declaration ISO motion - Raj Abhyanker,
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Att: 2
Exhibit SEALED,
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Att: 3
Exhibit PUBLIC
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| 27 | 27
7
pgs
cmp
Amended Complaint
Sat 12/30 1:55 AM
AMENDED COMPLAINT against United States Patent & Trademark Office. Filed by Raj Abhyanker.(Abhyanker, Raj) |
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Att: 1
Exhibit PUBLIC redacted exhibits
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| Thursday, December 28, 2023 | ||
| 26 | 26
4
pgs
order
Order on Stipulation
Thu 12/28 10:32 AM
Order by Judge Araceli Martinez-Olguin granting 25 Stipulation Allowing Filing of Amended Complaint, Setting Date for Answer, and Revising Summary Judgment Briefing Schedule. (ads, COURT STAFF) |
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| 25 | 25
motion
Stipulation and Proposed Order
Thu 12/28 8:47 AM
STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER TO ALLOW FILING OF AMENDED COMPLAINT, SETTING DATE FOR ANSWER, AND REVISING SUMMARY JUDGEMNT BRIEFING SCHEDULE filed by United States Patent & Trademark Office.(Pyle, Michael) |
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Att: 1
Declaration OF MICHAEL T. PYLE
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| Monday, December 11, 2023 | ||
| 24 | 24
2
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order
Order
Mon 12/11 2:31 PM
SCHEDULING ORDER. The Court hereby VACATES the case management conference scheduled for December 12, 2023. Signed by Judge Araceli Martinez-Olguin on December 11, 2023. (amolc3, COURT STAFF) |
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utility
Set Deadlines/Hearings
Mon 12/11 3:32 PM
Set Deadlines/Hearings: Motion for Summary Judgment due by 2/5/2024. Opposition due by 2/19/2024. Reply due by 3/4/2024. Motions Hearing set for 4/18/2024 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (ads, COURT STAFF) |
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| Tuesday, December 05, 2023 | ||
| 23 | 23
misc
Joint Case Management Statement
Tue 12/05 10:16 AM
JOINT CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by United States Patent & Trademark Office. (Pyle, Michael) |
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| Tuesday, November 21, 2023 | ||
| 22 | 22
oth_evt
Clerk's Notice
Tue 11/21 12:22 PM
Clerk's Notice Setting Case Management Conference. Case Management Statement due by 12/5/2023 no later than 12:00 PM PST. Initial Case Management Conference set for 12/12/2023 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) |
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| Thursday, May 25, 2023 | ||
| 21 | 21
misc
Joint Case Management Statement
Thu 05/25 1:16 PM
JOINT CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by United States Patent & Trademark Office. (Pyle, Michael) |
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| Thursday, May 11, 2023 | ||
| 20 | 20
utility
Case Assigned/Reassigned
Fri 05/12 11:40 AM
Case reassigned to District Judge Araceli Martinez-Olguin. Judge Vince Chhabria no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (ecg, COURT STAFF) |
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| Wednesday, May 10, 2023 | ||
| 19 | 19
oth_evt
Clerks Notice ADI
Wed 05/10 4:59 PM
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings. 1. All future filings shall bear the initials AMO immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the [LINK:Standing Order for All Judges of the Northern District] . The approved form for such statements can be accessed [LINK:here] . A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) |
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| Monday, April 10, 2023 | ||
| 18 | 18
answer
Answer to Complaint
Mon 04/10 3:28 PM
ANSWER to Complaint Federal Defendant's Answer to Complaint for Declaratory and Injunctive Relief for Violations of The Freedom of Information Act byUnited States Patent & Trademark Office. (Pyle, Michael) |
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| Wednesday, April 05, 2023 | ||
| 17 | 17
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Wed 04/05 9:47 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pyle, Michael) |
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| Tuesday, March 21, 2023 | ||
| 16 | 16
misc
Stipulation without Proposed Order
Tue 03/21 8:29 AM
STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT filed by United States Patent & Trademark Office. (Pyle, Michael) |
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| Wednesday, March 15, 2023 | ||
| 15 | 15
oth_evt
Clerk's Notice ~Util - Teleconference Zoom
Wed 03/15 2:02 PM
REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 5/19/2023. Initial Case Management Conference set for 5/26/2023 at 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, May 19, 2023 by 10:00 AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) |
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| 14 | 14
utility
Case Assigned/Reassigned
Wed 03/15 12:11 PM
Case REASSIGNED to Judge Vince Chhabria 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 Nathanael M. Cousins no longer assigned to the case. Reassignment Order signed by Clerk on 3/15/2023. (bw, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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utility
~Util - Notice Assigning/ Reassigning Case (CRJ)
Wed 03/15 12:04 PM
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at[LINK:https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/] . (bw, COURT STAFF) |
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| 12 | 12
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Wed 03/15 11:54 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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 WILL 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. (lmh, COURT STAFF) |
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| 11 | 11
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Wed 03/15 9:41 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Patent & Trademark Office.. (Pyle, Michael) |
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| Saturday, February 25, 2023 | ||
| 10 | 10
CERTIFICATE OF SERVICE by Raj Abhyanker (Abhyanker, Raj)
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| Wednesday, February 22, 2023 | ||
| 9 | 9
Summons Issued as to United States Patent & Trademark Office (far, COURT STAFF)
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| Tuesday, February 21, 2023 | ||
| 8 | 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Raj Abhyanker.. (Abhyanker, Raj)
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| 7 | 7
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Abhyanker, Raj)
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| 6 | 6
Proposed Summons. (Abhyanker, Raj)
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| 5 | 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/17/2023. Initial Case Management Conference set for 5/24/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (far, COURT STAFF)
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| 4 | 4 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/7/2023. (as, COURT STAFF) | |
| [LINK:Electronic filing error] . ONLY ONE SUMMONS TO BE ISSUED PER CASE, USE AN ATTACHMENT TO SUMMONS IF NEEDED TO LIST ADDITIONAL DEFENDANTS INFORMATION [err201]. This filing will not be processed by the clerks office.Please re-file in its entirety. Re:3 Proposed Summons filed by Raj Abhyanker,2 Proposed Summons filed by Raj Abhyanker (far, COURT STAFF) | ||
| Sunday, February 19, 2023 | ||
| 3 | 3
Proposed Summons. (Abhyanker, Raj)
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| Saturday, February 18, 2023 | ||
| 2 | 2
Proposed Summons. (Abhyanker, Raj)
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| 1 | 1
6
pgs
COMPLAINT regarding FOIA Request No. FP 22-00010 against United States Patent & Trademark Office ( Filing fee $ 402, receipt number ACANDC-18003755.). Filed byRaj Abhyanker.(Abhyanker, Raj)
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2
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