Texas Western District Court
Judge:Alan D Albright
Case #: 6:23-cv-00489
Nature of Suit830 Property Rights - Patent
Cause35:271 Patent Infringement
Case Filed:Jul 07, 2023
Terminated:Jan 14, 2025
Last checked: Wednesday Jan 03, 2024 3:04 AM CST
Counter Defendant
Fleet Connect Solutions, LLC
Represented By
Jonathan L. Hardt
Rozier Hardt Mcdonough PLLC
contact info
Travis E. Lynch
Rozier Hardt Mcdonough PLLC
contact info
Jonathan R. Miller
Rozier Hardt Mcdonough PLLC
contact info
James F. McDonough
Rozier Hardt Mcdonough PLLC
contact info
Counter Plaintiff
USIC Locating Services, LLC
Represented By
Michael S. Forshey
Squire Patton Boggs, LLP
contact info
Rachael Abelson Harris
Squire Patton Boggs (us) LLP
contact info
Steven M. Auvil
Squire Patton Boggs (us) LLP
contact info
Defendant
USIC Locating Services, LLC
Represented By
Michael S. Forshey
Squire Patton Boggs, LLP
contact info
Rachael Abelson Harris
Squire Patton Boggs (us) LLP
contact info
Steven M. Auvil
Squire Patton Boggs (us) LLP
contact info
Plaintiff
Fleet Connect Solutions, LLC
Represented By
Jonathan L. Hardt
Rozier Hardt Mcdonough PLLC
contact info
Travis E. Lynch
Rozier Hardt Mcdonough PLLC
contact info
Jonathan R. Miller
Rozier Hardt Mcdonough PLLC
contact info
James F. McDonough
Rozier Hardt Mcdonough PLLC
contact info


Docket last updated: 4 hours ago
Wednesday, January 15, 2025
49 49 1 pgs order Order Wed 01/15 12:37 PM
ORDER DISMISSING CASE. Signed by Judge Alan D Albright. (cav)
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Tuesday, January 14, 2025
48 48 misc Report on Patent/Trademark (AO-120) Tue 01/14 3:32 PM
Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (r013)
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47 47 misc Stipulation of Dismissal Tue 01/14 1:24 PM
STIPULATION of Dismissal with Prejudice by USIC Locating Services, LLC. (Auvil, Steven)
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Tuesday, December 24, 2024
46 46 motion Stay Case Tue 12/24 12:19 PM
Joint MOTION to Stay Case of All Case Deadlines by Fleet Connect Solutions, LLC, USIC Locating Services, LLC.(Auvil, Steven)
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Att: 1 Proposed Order
Monday, November 25, 2024
45 45 1 pgs order Order on Motion to Stay Case Mon 11/25 10:36 AM
ORDER GRANTING44 Joint MOTION to Stay Case of All Case Deadlines. IT IS ORDERED THAT this case is stayed for an additional 30 days from the date of this Order. Parties are directed to submit a joint update by no later than end of day December 27, 2024. Signed by Judge Alan D Albright. (zv)
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Tuesday, November 19, 2024
44 44 motion Stay Case Tue 11/19 5:21 PM
Joint MOTION to Stay Case of All Case Deadlines by Fleet Connect Solutions, LLC, USIC Locating Services, LLC.(Auvil, Steven)
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Att: 1 Proposed Order
Thursday, October 17, 2024
order Order on Motion for Miscellaneous Relief Thu 10/17 2:30 PM
Text Order GRANTING43 Motion to Extend Stay entered by Judge Alan D Albright. Noting that the motion is joint, the motion is GRANTED. The Court grants an additional 30-day extension to the Stay for negotiations to finalize. Parties will provide a joint update no later than end of day November 18, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cblc)
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Wednesday, October 16, 2024
43 43 motion Miscellaneous Relief Wed 10/16 9:01 AM
Joint MOTION to Extend The Stay Of The Case All Deadlines (30 days requested) re Order on Motion to Stay Case,, by Fleet Connect Solutions, LLC.(McDonough, James)
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Att: 1 Proposed Order
Monday, September 09, 2024
order Order on Motion to Stay Case Mon 09/09 8:32 AM
Text Order GRANTING42 Motion to Stay Case entered by Judge Alan D Albright. Noting that it is a joint motion, the Court GRANTS the Motion. All unreached deadlines in this case are STAYED for thirty-five (35) days from the date of this order up to and including the day of October 15, 2024. Parties will provide notice to the Court of any agreements reached or an update on the status of this case no later than October 17, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cblc)
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Friday, September 06, 2024
42 42 motion Stay Case Fri 09/06 3:40 PM
Joint MOTION to Stay Case by Fleet Connect Solutions, LLC.(McDonough, James)
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Att: 1 Proposed Order
Thursday, August 08, 2024
41 41 order Claim Construction Order Thu 08/08 12:33 PM
FINAL CLAIM CONSTRUCTION ORDER. Signed by Judge Alan D Albright. (lad)
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Friday, May 17, 2024
40 40 minutes Markman (patent claim construction) Hearing Fri 05/17 11:39 AM
Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing held on 5/17/2024. PARTIES ANNOUNCE READY. STATEMENTS AND ARGUMENTS OF COUNSEL HEARD. WRITTEN ORDER FORTHCOMING. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(zv)
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Thursday, April 11, 2024
39 39 misc Claim Construction Brief Thu 04/11 4:05 PM
Joint Claim Construction Brief or Statement by Fleet Connect Solutions, LLC.(McDonough, James)
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Att: 1 Exhibit A - Joint Claim Construction Chart
38 38 notice Notice Thu 04/11 1:48 PM
NOTICE of Unopposed Motion to Amend Scheduling Order by USIC Locating Services, LLC(Auvil, Steven)
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Att: 1 Proposed Order
utility Set/Reset Deadlines Thu 04/11 2:34 PM
Reset Deadlines: Amended Pleadings due by 9/6/2024. Joinder of Parties due by 6/28/2024. (zv)
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Monday, April 08, 2024
37 37 misc Claim Construction Brief Mon 04/08 11:41 PM
Reply Claim Construction Brief regarding35 Claim Construction Brief,34 Claim Construction Brief,,32 Claim Construction Brief by Fleet Connect Solutions, LLC. (McDonough, James)
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Friday, March 29, 2024
36 36 1 pgs order Order Setting/Resetting Markman Hearing Mon 04/01 11:18 AM
ORDER Resetting ZOOM Markman Hearing. Markman Hearing set for 5/17/2024 10:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (cav)
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Monday, March 25, 2024
35 35 misc Claim Construction Brief Mon 03/25 7:53 PM
Reply Claim Construction Brief regarding34 Claim Construction Brief,,32 Claim Construction Brief by USIC Locating Services, LLC. (Auvil, Steven)
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Monday, March 11, 2024
34 34 misc Claim Construction Brief Mon 03/11 8:57 PM
Opening Claim Construction Brief by Fleet Connect Solutions, LLC.(McDonough, James)
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Att: 1 Exhibit A. U.S. Patent No. 7,058,040,
Att: 2 Exhibit B. U.S. Patent No. 7,260,153,
Att: 3 Exhibit C. U.S. Patent No. 7,450,955,
Att: 4 Exhibit D. U.S. Patent No. 7,536,189,
Att: 5 Exhibit E. U.S. Patent No. 7,656,845,
Att: 6 Exhibit F. U.S. Patent No. 7,783,304,
Att: 7 Exhibit G. Claim Construction Order (W.D. Tex. No. 6:21-cv-00987-ADA - Dkt. No. 74),
Att: 8 Affidavit Declaration of Dr. Steven Goldberg
Tuesday, February 20, 2024
33 33 respoth Affidavit in Support Tue 02/20 10:14 PM
AFFIDAVIT in Support of32 Claim Construction Brief Declaration of Bryan J. Jaketic by USIC Locating Services, LLC.(Auvil, Steven)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6,
Att: 7 Exhibit 7,
Att: 8 Exhibit 8,
Att: 9 Exhibit 9,
Att: 10 Exhibit 10,
Att: 11 Exhibit 11,
Att: 12 Exhibit 12,
Att: 13 Exhibit 13,
Att: 14 Exhibit 14,
Att: 15 Exhibit 15,
Att: 16 Exhibit 16,
Att: 17 Exhibit 17,
Att: 18 Exhibit 18,
Att: 19 Exhibit 19,
Att: 20 Exhibit 20,
Att: 21 Exhibit 21,
Att: 22 Exhibit 22
32 32 misc Claim Construction Brief Tue 02/20 10:09 PM
Opening Claim Construction Brief by USIC Locating Services, LLC. (Auvil, Steven)
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Tuesday, January 23, 2024
misc Remark (No Doc#) Thu 01/25 10:03 AM
Parties shall comply with Judge Albright's updated[LINK:Standing Order Governing Proceedings - Patent Cases] available by clicking the hyperlink. (bot1)
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Friday, January 12, 2024
31 31 1 pgs order Order on Motion to Appear Pro Hac Vice Fri 01/12 2:52 PM
ORDER GRANTING30 Motion to Appear Pro Hac Vice for Attorney Bryan J. Jaketic for USIC Locating Services, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (zv)
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Thursday, January 11, 2024
30 30 motion Appear Pro Hac Vice Thu 01/11 3:50 PM
MOTION to Appear Pro Hac Vice by Michael S. Forshey on behalf of Bryan J. Jaketic ( Filing fee $ 100 receipt number ATXWDC-18296741) by on behalf of USIC Locating Services, LLC. (Forshey, Michael)
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Tuesday, December 12, 2023
29 29 answer Answer to Counterclaim Tue 12/12 6:49 PM
ANSWER to24 Answer to Amended Complaint, Counterclaim by Fleet Connect Solutions, LLC.(Hardt, Jonathan)
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Wednesday, November 29, 2023
28 28 order Scheduling Order Wed 11/29 11:39 AM
SCHEDULING ORDER: Markman Hearing set for 4/22/2024 09:00 AM before Judge Alan D Albright. Amended Pleadings due by 8/12/2024. Joinder of Parties due by 6/3/2024. Dispositive Motions due by 1/27/2025. Final Pretrial Conference set for 3/31/2025 before Judge Alan D Albright. Jury Selection set for 4/21/2025 before Judge Derek T. Gilliland. Jury Trial set for 4/21/2025 before Judge Alan D Albright. Signed by Judge Alan D Albright. (zv)
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Tuesday, November 28, 2023
27 27 misc Scheduling Recommendations/Proposed Scheduling Order Tue 11/28 4:48 PM
Proposed Scheduling Order submitted on behalf of All Parties by Fleet Connect Solutions, LLC. (McDonough, James)
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26 26 misc Scheduling Recommendations/Proposed Scheduling Order Tue 11/28 3:22 PM
Proposed Scheduling Order submitted on behalf of All Parties by Fleet Connect Solutions, LLC. (McDonough, James)
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Tuesday, November 21, 2023
25 25 misc Disclosure Statement (Rule 7) Tue 11/21 4:36 PM
RULE 7 DISCLOSURE STATEMENT filed by USIC Locating Services, LLC identifying Corporate Parent USIC, LLC, Corporate Parent USIC Holdings, Inc., Corporate Parent Locate Intermediate, Inc., Corporate Parent Locate Holdings, Inc., Corporate Parent Onecall Holdings, Inc., Corporate Parent KPOCH Buyer, Inc., Corporate Parent KPOCH Intermediate, Inc., Corporate Parent KPOCH Holdings, LP for USIC Locating Services, LLC, USIC Locating Services, LLC. (Forshey, Michael)
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24 24 answer Answer to Amended Complaint Counterclaim Tue 11/21 4:25 PM
ANSWER to20 Amended Complaint, Additional Defenses, and , COUNTERCLAIM against Fleet Connect Solutions, LLC by USIC Locating Services, LLC.(Forshey, Michael)
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Wednesday, November 01, 2023
order Order on Motion to Dismiss for Failure to State a Claim Wed 11/01 3:52 PM
Text Order MOOTING18 Motion to Dismiss for Failure to State a Claim entered by Judge Alan D Albright. Came on for consideration is Defendant's motion. In light of the filing of Amended Complaint20 , the Court hereby MOOTS the motion. See Good River Farms, LP v. TXI Operations, LP , No. 1:17-cv-1117-RP, 2018 WL 1770494, at *3 (W.D. Tex. Apr. 12, 2018) ("When a plaintiff files an amended complaint while a motion to dismiss is pending, courts often dismiss the motion to dismiss as moot."). (This is a text-only entry generated by the court. There is no document associated with this entry.) (kylc)
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Monday, October 30, 2023
23 23 misc Status Report Mon 10/30 9:38 PM
STATUS REPORT by the Parties re: Case Readiness by Fleet Connect Solutions, LLC. (McDonough, James)
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22 22 notice Notice Mon 10/30 1:45 PM
NOTICE of an Unopposed Extension of Time to File Responsive Pleading by USIC Locating Services, LLC re20 Amended Complaint, (Auvil, Steven)
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utility Set/Reset Answer Deadline Mon 10/30 2:13 PM
Reset Deadlines: USIC Locating Services, LLC answer due 11/21/2023. (zv)
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Tuesday, October 24, 2023
21 21 respm Response in Opposition to Motion Tue 10/24 5:34 PM
Response in Opposition to Motion, filed by Fleet Connect Solutions, LLC, re18 Motion to Dismiss for Failure to State a Claim filed by Defendant USIC Locating Services, LLC (as mooted due to the filing of Plaintiff's First Amended Complaint - see Dkt. No. 20) (Miller, Jonathan)
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20 20 cmp Amended Complaint Tue 10/24 5:00 PM
AMENDED COMPLAINT for Patent Infringement against All Defendants amending1 Complaint,., filed by Fleet Connect Solutions, LLC.(Hardt, Jonathan)
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Att: 1 Exhibit A. U.S. Patent No. 7,656,845,
Att: 2 Exhibit B. U.S. Patent No. 7,450,955,
Att: 3 Exhibit C. U.S. Patent No. 7,260,153,
Att: 4 Exhibit D. U.S. Patent No. 7,536,189,
Att: 5 Exhibit E. U.S. Patent No. 7,783,304,
Att: 6 Exhibit F. U.S. Patent No. 7,058,040
Tuesday, October 10, 2023
19 19 notice Notice Tue 10/10 10:14 AM
NOTICE Jointly of Dismissal of Claims of Indirect and Willful Infringement by USIC Locating Services, LLC re1 Complaint, (Auvil, Steven)
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18 18 motion Dismiss for Failure to State a Claim Tue 10/10 10:07 AM
Motion to Dismiss for Failure to State a Claim by USIC Locating Services, LLC. (Auvil, Steven)
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Monday, September 25, 2023
17 17 1 pgs order Order on Motion to Appear Pro Hac Vice Mon 09/25 3:12 PM
ORDER GRANTING16 Motion to Appear Pro Hac Vice for Attorney Rachael Abelson Harris for USIC Locating Services, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (ad3)
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Friday, September 22, 2023
16 16 motion Appear Pro Hac Vice Fri 09/22 2:22 PM
MOTION to Appear Pro Hac Vice by Michael S. Forshey on behalf of Rachael Harris ( Filing fee $ 100 receipt number ATXWDC-17912600) by on behalf of USIC Locating Services, LLC. (Forshey, Michael)
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Wednesday, September 13, 2023
15 15 1 pgs order Order on Motion to Appear Pro Hac Vice Wed 09/13 4:07 PM
ORDER GRANTING13 Motion to Appear Pro Hac Vice for Attorney Steven M. Auvil for USIC Locating Services, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (zv)
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Tuesday, September 12, 2023
14 14 motion Amend/Correct (Not Judgment) Tue 09/12 2:26 PM
Correction to13 MOTION to Appear Pro Hac Vice by Steven M. Auvil ( Filing fee $ 100 receipt number ATXWDC-17872171) by USIC Locating Services, LLC. (Auvil, Steven) Modified on 9/12/2023 (lad)
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13 13 motion Appear Pro Hac Vice Tue 09/12 1:44 PM
MOTION to Appear Pro Hac Vice by Steven M. Auvil ( Filing fee $ 100 receipt number ATXWDC-17872171) by on behalf of USIC Locating Services, LLC. (Auvil, Steven)
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notice Deficiency Notice Tue 09/12 2:10 PM
DEFICIENCY NOTICE: re 13 MOTION to Appear Pro Hac Vice by Steven M. Auvil ( Filing fee $ 100 receipt number ATXWDC-17872171). Please be advised that the Certificate of Service is not dated. Please refile corrected Certificate of Service and link to document #13. Thank you.(zv)
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Friday, September 08, 2023
12 12 misc Pro Hac Vice Letter Fri 09/08 10:05 AM
Pro Hac Vice Letter to USIC Locating Services, LLC. for attorney Rachael A. Harris. (zv)
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11 11 misc Pro Hac Vice Letter Fri 09/08 10:04 AM
Pro Hac Vice Letter to USIC Locating Services, LLC. for attorney Steven M. Auvil. (zv)
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10 10 notice Notice Fri 09/08 8:33 AM
NOTICE of an Unopposed Extension of Time to File Responsive Pleading by USIC Locating Services, LLC re1 Complaint, (Forshey, Michael)
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utility Set/Reset Answer Deadline Fri 09/08 9:22 AM
Reset Deadlines: USIC Locating Services, LLC answer due 10/10/2023. (zv)
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Tuesday, August 29, 2023
9 9 service Summons Returned Executed Tue 08/29 12:46 PM
SUMMONS Returned Executed by Fleet Connect Solutions, LLC. USIC Locating Services, LLC served on 8/18/2023, answer due 9/8/2023. (McDonough, James)
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Monday, July 10, 2023
8 8 service Summons Issued Mon 07/10 12:58 PM
Summons Issued as to USIC Locating Services, LLC. (zv)
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7 7 service Request for Issuance of Summons Mon 07/10 12:32 PM
REQUEST FOR ISSUANCE OF SUMMONS by Fleet Connect Solutions, LLC. (Hardt, Jonathan)
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6 6 misc Pro Hac Vice Letter Mon 07/10 12:17 PM
Pro Hac Vice Letter to Fleet Connect Solutions, LLC for attorney C. Matthew Rozier. (zv)
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5 5 service Request for Issuance of Summons Mon 07/10 11:29 AM
REQUEST FOR ISSUANCE OF SUMMONS by Fleet Connect Solutions, LLC. (Hardt, Jonathan)
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misc Remark (No Doc#) Mon 07/10 11:50 AM
Summons request5 filed has the seal and Clerk for the District of Delaware. Please refile with only TXWD Waco information and leave Clerk's name blank. (lad)
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Friday, July 07, 2023
4 4 1 pgs notice Notice of Filing of Patent/Trademark Form (AO 120) Fri 07/07 5:26 PM
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Hardt, Jonathan)
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3 3 misc Disclosure Statement (Rule 7) Fri 07/07 5:18 PM
RULE 7 DISCLOSURE STATEMENT filed by Fleet Connect Solutions, LLC. (Hardt, Jonathan)
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2 2 notice Notice Fri 07/07 5:16 PM
NOTICE of Related Cases by Fleet Connect Solutions, LLC re1 Complaint, (Hardt, Jonathan)
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1 1 cmp Complaint Fri 07/07 5:10 PM
COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number BTXWDC-17634375), filed by Fleet Connect Solutions, LLC.(Hardt, Jonathan)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Civil Cover Sheet,
Att: 8 Supplement Proposed Summons
utility Case Assigned/Reassigned Mon 07/10 11:51 AM
Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad)
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