Skechers U.S.A., Inc. et al v. L.L. Bean, Inc. et al
| New York Southern District Court | |
| Judge: | Margaret M Garnett |
| Case #: | 1:24-cv-05336 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | Jul 15, 2024 |
| Terminated: | Dec 26, 2024 |
| Last checked: Saturday Jan 11, 2025 4:39 AM EST |
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Defendant
Does
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Defendant
L.L. Bean, Inc.
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Represented By
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Plaintiff
Skechers U.S.A., Inc.
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Represented By
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Plaintiff
Skechers U.S.A., Inc. II
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Represented By
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| Docket last updated: 05/23/2025 11:59 PM EDT |
| Thursday, December 26, 2024 | ||
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1
pgs
misc
AO 120 Form Patent - Case Terminated - Submitted
Thu 12/26 12:35 PM
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 12/26/2024 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (mml) |
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3
pgs
order
Permanent Injunction
Thu 12/26 12:18 PM
INJUNCTION AND DISMISSAL: Based thereon, the Court ORDERS, ADJUDGES, and DECREES that: 1. LLB and those in active concert or participation with LLB who receive actual notice of this order, are enjoined from the manufacture, use, offer for sale, and/or sale within the United States and/or from importing into the United States (1) the accused Freeport shoe, representative images of which appear below, and (2) any shoe falling within the scope of the Heel Cup Patents until expiration of the last to expire of U.S. Pat. Nos. D992,888 and D992,888. 2. Upon entry of this injunction, this case is dismissed with prejudice, provided, however, that the Court expressly retains jurisdiction over this action and over LLB in order to enforce this injunction as needed. 3. As between Skechers and LLB, each party shall bear its own costs, expenses, and attorneys' fees. IT IS SO ORDERED, ADJUDGED, and DECREED. (Signed by Judge Margaret M. Garnett on 12/26/2024) (mml) |
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| Monday, December 23, 2024 | ||
| 31 | 31
misc
Proposed Stipulation and Order
Mon 12/23 5:21 PM
PROPOSED STIPULATION AND ORDER. Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Ligotti, Andrew) |
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Att: 1
Exhibit Proposed Injunction and Dismissal
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| Thursday, October 10, 2024 | ||
| 30 | 30
order
Case Management Plan ~Util - Set Deadlines/Hearings
Thu 10/10 4:01 PM
CIVIL CASE PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. Depositions pursuant to Fed. R. Civ. P. 30 and 31 shall be completed by the date set forth in Paragraph 5(e). This case is to be tried to a jury. As further set forth by this Order. SO ORDERED. ( Brief due by 4/2/2025., Deposition due by 3/5/2025., Expert Discovery due by 3/19/2025., Fact Discovery due by 3/5/2025., Reply to Response to Brief due by 5/7/2025., Responses to Brief due by 4/30/2025, Estimate length of trial 6 days. Claim Construction Hearing set for 6/4/2025 at 10:00 AM before Judge Margaret M. Garnett.) (Signed by Judge Margaret M. Garnett on 10/10/2024) (tg) |
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| Wednesday, October 09, 2024 | ||
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minutes
Pretrial Conference - Initial
Tue 10/15 10:53 AM
Minute Entry for proceedings held before Judge Margaret M. Garnett: Initial Pretrial Conference held on 10/9/2024. Counsel for Plaintiffs and Defendants were present. (Court Reporter Carly Davis) (kv) |
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| Thursday, October 03, 2024 | ||
| 29 | 29
2
pgs
order
Order on Motion for Conference
Thu 10/03 3:58 PM
ORDER granting28 Letter Motion for Conference Request GRANTED. The Initial Pretrial Conference on Wednesday, October 9, 2024 at 11:00 a.m. will be held as a video conference via Microsoft Teams. The Teams information is below, and a direct link to the video conference will be sent to counsel in advance of the conference. Counsel are referred to Rule II(A)(2) of the Court's Individual Rules & Practices regarding remote conferences. Microsoft Teams Meeting ID: 274 277 061 180 // Passcode: eLFXfHThe Clerk of Court is directed to terminate Dkt. No. 28.SO ORDERED.. (Signed by Judge Margaret M. Garnett on 10/3/2024) (jca) |
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| Wednesday, October 02, 2024 | ||
| 28 | 28
motion
Conference
Wed 10/02 3:37 PM
JOINT LETTER MOTION for Conference to Conduct Conference Remotely addressed to Judge Margaret M. Garnett from Robert L. Lee & Timothy P. Heaton dated 10/2/2024. Document filed by L.L. Bean, Inc...(Heaton, Timothy) |
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| 27 | 27
misc
Letter
Wed 10/02 3:32 PM
JOINT LETTER addressed to Judge Margaret M. Garnett from Robert L. Lee & Timothy P. Heaton dated 10/2/2024 re: Joint Submission of Proposed Case Management Plan and Scheduling Order. Document filed by L.L. Bean, Inc...(Heaton, Timothy) |
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Att: 1
Supplement Joint Proposed Civil Case Management Plan
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| Friday, September 06, 2024 | ||
| 26 | 26
12
pgs
answer
Answer to Complaint
Fri 09/06 4:12 PM
ANSWER to1 Complaint,. Document filed by L.L. Bean, Inc...(Tipescu, Mircea) |
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| 25 | 25
misc
Rule 7.1 Corporate Disclosure Statement
Fri 09/06 4:01 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by L.L. Bean, Inc...(Tipescu, Mircea) |
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| Monday, August 26, 2024 | ||
| 24 | 24
2
pgs
order
Order on Motion to Adjourn Conference Order on Motion for Extension of Time to File
Mon 08/26 4:44 PM
ORDER granting23 Letter Motion to Adjourn Conference; granting23 Letter Motion for Extension of Time to File. Request GRANTED. The Initial Pretrial Conference that was previously scheduled for September 4, 2024, and the deadline for the parties to submit a proposed Case Management Plan and Scheduling Order are ADJOURNED to Wednesday, October 9, 2024 at 11:00 a.m., and October 2, 2024, respectively. The Clerk of Court is directed to terminate Dkt. No. 23. SO ORDERED. ( Initial Conference set for 10/9/2024 at 11:00 AM before Judge Margaret M. Garnett.). (Signed by Judge Margaret M. Garnett on 8/26/2024) (tg) |
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| 23 | 23
motion
Adjourn Conference Extension of Time to File Document
Mon 08/26 2:22 PM
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Margaret M. Garnett from Robert L. Lee and Timothy P. Heaton dated August 26, 2024., JOINT LETTER MOTION for Extension of Time to File Proposed Case Management Plan and Scheduling Order addressed to Judge Margaret M. Garnett from Robert L. Lee and Timothy P. Heaton dated August 26, 2024. Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Lee, Robert) |
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| Wednesday, August 21, 2024 | ||
| 22 | 22
order
Order on Motion to Appear Pro Hac Vice
Wed 08/21 12:55 PM
ORDER granting21 Motion for Manish K. Mehta to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv) |
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motion
Appear Pro Hac Vice
Wed 08/21 11:50 AM
MOTION for Manish K. Mehta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29781334. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by L.L. Bean, Inc...(Mehta, Manish) |
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Att: 1
Affidavit of Manish K. Mehta,
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Att: 2
Supplement Certificate of Good Standing,
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Att: 3
Proposed Order Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Wed 08/21 12:49 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Manish K. Mehta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29781334. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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| Monday, August 19, 2024 | ||
| 20 | 20
order
Order on Motion to Appear Pro Hac Vice
Mon 08/19 12:57 PM
ORDER granting19 Motion for Mircea A. Tipescu to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv) |
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| 19 | 19
motion
Appear Pro Hac Vice
Mon 08/19 10:19 AM
MOTION for Mircea A. Tipescu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29768697. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by L.L. Bean, Inc...(Tipescu, Mircea) |
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Att: 1
Affidavit of Mircea Tipescu,
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Att: 2
Supplement Certificate of Good Standing,
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Att: 3
Proposed Order Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Mon 08/19 12:34 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Mircea A. Tipescu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29768697. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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| Tuesday, August 06, 2024 | ||
| 18 | 18
2
pgs
order
Order on Motion for Extension of Time to Answer
Tue 08/06 11:30 AM
ORDER granting17 Letter Motion for Extension of Time to Answer. Request GRANTED. The deadline for Defendant L.L. Bean, Inc. to answer or respond to the Complaint is now September 6, 2024. The Clerk of Court is directed to terminate Dkt. No. 17. SO ORDERED. L.L. Bean, Inc. answer due 9/6/2024 (Signed by Judge Margaret M. Garnett on 8/6/2024) (mml) |
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| Friday, August 02, 2024 | ||
| 17 | 17
motion
Extension of Time to File Answer
Fri 08/02 4:06 PM
CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Margaret M. Garnett from Timothy Heaton dated 08/02/2024. Document filed by L.L. Bean, Inc...(Heaton, Timothy) |
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| 16 | 16
notice
Notice of Appearance
Fri 08/02 4:01 PM
NOTICE OF APPEARANCE by Timothy Patrick Heaton on behalf of L.L. Bean, Inc...(Heaton, Timothy) |
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| Monday, July 29, 2024 | ||
| 15 | 15
service
Summons Returned Executed
Mon 07/29 1:23 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. L.L. Bean, Inc. served on 7/17/2024, answer due 8/7/2024. Service was accepted by Donna Kalinyak, Authorized Agent. Document filed by Skechers U.S.A., Inc.; Skechers U.S.A., Inc. II..(Ligotti, Andrew) |
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| Wednesday, July 24, 2024 | ||
| 14 | 14
order
Order on Motion to Appear Pro Hac Vice
Wed 07/24 1:30 PM
ORDER granting13 Motion for Robert L. Lee to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv) |
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| 13 | 13
motion
Appear Pro Hac Vice
Wed 07/24 11:34 AM
MOTION for Robert L. Lee to Appear Pro Hac Vice /Corrected Motion . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Lee, Robert) |
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Att: 1
Affidavit of Robert L. Lee,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order - Proposed Order
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Wed 07/24 10:24 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for Robert L. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29646049. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from State Bar of Georgia; Must supply either a declaration or a signed and notarized affidavit;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 07/24 12:33 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Robert L. Lee to Appear Pro Hac Vice /Corrected Motion. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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| Tuesday, July 23, 2024 | ||
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respm
Affidavit in Support of Motion
Tue 07/23 6:22 PM
AFFIDAVIT of Robert L. Lee in Support re:11 MOTION for Robert L. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29646049. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Lee, Robert) |
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Att: 1
Exhibit Certificate of Good Standing
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| 11 | 11
motion
Appear Pro Hac Vice
Tue 07/23 6:17 PM
MOTION for Robert L. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29646049. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Lee, Robert) |
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Att: 1
Proposed Order for Admission Pro Hac Vice of Robert L. Lee
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| Tuesday, July 16, 2024 | ||
| 10 | 10
2
pgs
order
Order for Initial Pretrial Conference
Tue 07/16 4:24 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an Initial Pretrial Conference with the Court on Wednesday, September 4, 2024, at 4:00 p.m. The conference will be held in person in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Initial Conference set for 9/4/2024 at 04:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 7/16/2024) (sgz) |
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misc
AO 120 Form Patent - Case Opening - Submitted
Tue 07/16 11:18 AM
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(vf) |
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service
Summons Issued
Tue 07/16 10:56 AM
ELECTRONIC SUMMONS ISSUED as to L.L. Bean, Inc.. (vf) |
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notice
Case Opening Initial Assignment Notice
Tue 07/16 10:54 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Tue 07/16 10:54 AM
Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Tue 07/16 10:54 AM
Case Designated ECF. (vf) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Tue 07/16 11:14 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew James Ligotti to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
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misc
Notice to Attorney Regarding Deficient AO 120/121 Form
Tue 07/16 11:17 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Andrew James Ligotti re: Document No. 5 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) |
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| Monday, July 15, 2024 | ||
| 7 | 7
misc
Rule 7.1 Corporate Disclosure Statement
Mon 07/15 6:02 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Skechers U.S.A., Inc. for Skechers U.S.A., Inc. II. Document filed by Skechers U.S.A., Inc. II..(Ligotti, Andrew) |
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misc
Rule 7.1 Corporate Disclosure Statement
Mon 07/15 5:59 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Skechers U.S.A., Inc...(Ligotti, Andrew) |
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1
pgs
misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Mon 07/15 5:57 PM
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Ligotti, Andrew) |
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| 4 | 4
service
Request for Issuance of Summons
Mon 07/15 5:56 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Does 1-10 inclusive, re:1 Complaint,. Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Ligotti, Andrew) |
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| 3 | 3
service
Request for Issuance of Summons
Mon 07/15 5:54 PM
REQUEST FOR ISSUANCE OF SUMMONS as to L.L. Bean, Inc., re:1 Complaint,. Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Ligotti, Andrew) |
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misc
Civil Cover Sheet
Mon 07/15 5:51 PM
CIVIL COVER SHEET filed..(Ligotti, Andrew) |
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| 1 | 1
13
pgs
cmp
Complaint
Mon 07/15 5:47 PM
COMPLAINT against Does, L.L. Bean, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29606961)Document filed by Skechers U.S.A., Inc., Skechers U.S.A., Inc. II..(Ligotti, Andrew) |
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Att: 1
8 pgs
Exhibit 1 - U.S. Design Patent No. D992,888 S,
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Att: 2
Exhibit 2 - U.S. Design Patent No. D994,312 S,
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Att: 3
4 pgs
Exhibit 3 - Images of an infringing L. L. Bean shoe taken from the L. L. Bean website
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