Eurofins Discoverx LLC et al v. Creative Biolabs, Inc. et al
| New York Eastern District Court | |
| Judge: | Sanket J Bulsara |
| Referred: | Arlene R Lindsay |
| Case #: | 2:24-cv-07988 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1121 Trademark Infringement |
| Case Filed: | Nov 18, 2024 |
| Terminated: | May 15, 2025 |
| Last checked: Saturday May 17, 2025 5:09 AM EDT |
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Defendant
Donghai Chen
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Represented By
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Defendant
Creative Biolabs, Inc.
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Represented By
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Defendant
Creative Biomart, Inc.
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Represented By
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Defendant
Creative Dynamics, Inc.
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Represented By
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Defendant
Wenyi Zhang
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Represented By
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Defendant
BOCSCI, Inc.
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Represented By
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Plaintiff
Eurofins Discoverx LLC
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Represented By
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Plaintiff
Eurofins Discoverx Products LLC
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Represented By
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| Docket last updated: 75 minutes ago |
| Thursday, May 15, 2025 | ||
| 23 | 23
5
pgs
order
Order on Motion to Approve Consent Judgment
Thu 05/15 11:12 AM
CONSENT JUDGMENT it is hereby ORDERED, ADJUDGED and DECREED AS FOLLOWS: Please See Judgment For Further Details. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs hereby dismiss the above-captioned action, with prejudice and without assessing costs against any party. So Ordered by Judge Sanket J. Bulsara on 5/15/2025. (GO) |
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order
Order on Motion to Approve Consent Judgment
Fri 05/16 11:24 AM
ORDER: The motion for a consent judgment22 is granted. A signed version of the judgment is attached as DE23 . The Clerk of Court is directed to close this case. So Ordered by Judge Sanket J. Bulsara on 5/15/2025. (YEP) (Modified on 05/16/2025- due to a statistical error, the Order has been deleted and re-docketed; and the Judgment has been re-docketed as a separate entry of Judgment) (GO) |
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| Friday, May 09, 2025 | ||
| 22 | 22
motion
Approve Consent Judgment
Fri 05/09 4:02 PM
Joint MOTION to Approve Consent Judgment by Eurofins Discoverx LLC, Eurofins Discoverx Products LLC. (Kowalski, Thomas) |
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Att: 1
Memorandum in Support of Unopposed Consent Judgment,
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Att: 2
Proposed Judgment Unopposed Consent Judgment
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| Wednesday, April 23, 2025 | ||
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order
Order(Other)
Wed 04/23 5:34 PM
ORDER: In light of the Court's Order dated 4/22/2025 and Defendants' subsequent filing21 , Plaintiffs' motion for leave to file a motion to enforce the settlement agreement and for entry of the consent judgment20 is denied as moot. So Ordered by Judge Sanket J. Bulsara on 4/23/2025. (YEP) |
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| Tuesday, April 22, 2025 | ||
| 21 | 21
misc
Letter
Tue 04/22 5:46 PM
Letter Denying Plaintiffs' Allegations of Bad Faith by BOCSCI, Inc., Donghai Chen, Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc., Wenyi Zhang (Katz, Robert) |
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| 20 | 20
motion
Leave to File Document
Tue 04/22 12:36 PM
Letter MOTION for Leave to File Document [Corrected] (1) A Motion to Enforce Settlement Agreement and for Entry of Consent Judgment, or (2) Motion and Memorandum with entry of the attached Consent Judgment by Eurofins Discoverx LLC, Eurofins Discoverx Products LLC. (Kowalski, Thomas) |
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Att: 1
Exhibit Motion for Entry of Consent Judgment,
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Att: 2
Exhibit Memorandum in Support of Motion for Entry of Consent Judgment,
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Att: 3
Exhibit Consent Judgment
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| 19 | 19
motion
Leave to File Document
Tue 04/22 12:06 PM
Letter MOTION for Leave to File Document (1) A Motion to Enforce Settlement Agreement and for Entry of Consent Judgment, or (2) Motion and Memorandum with entry of the attached Consent Judgment by Eurofins Discoverx LLC, Eurofins Discoverx Products LLC. (Kowalski, Thomas) |
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Att: 1
Exhibit Motion for Entry of Consent Judgment,
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Att: 2
Exhibit Memorandum in Support of Motion for Entry of Consent Judgment,
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Att: 3
Exhibit Consent Judgment
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order
Order on Motion for Protective Order Order on Motion for Pre Motion Conference Order on Motion for Leave to File
Tue 04/22 1:21 PM
ORDER: The Court does not hold telephonic conferences. The parties' disagreement about settlement should be addressed by either a request to have a settlement conference or a referral to mediation. The deadline to file a stipulation of dismissal is extended to 5/13/2025 . So Ordered by Judge Sanket J. Bulsara on 4/22/2025. (YEP) |
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| Monday, April 21, 2025 | ||
| 18 | 18
motion
Protective Order Pre Motion Conference
Mon 04/21 4:55 PM
Letter MOTION for Protective Order , Letter MOTION for pre motion conference by BOCSCI, Inc., Donghai Chen, Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc., Wenyi Zhang. (Katz, Robert) |
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| Friday, April 04, 2025 | ||
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order
Order on Motion to Approve Consent Judgment
Fri 04/04 1:35 PM
ORDER: The parties have submitted a proposed consent judgment17 without a memorandum of law or any motion papers that explain what relief the parties are seeking from the Court, or the basis of granting the relief sought. Furthermore, the proposed consent judgment contains findings of fact that should the Court sign, would become Court findings. But the Court has not held a trial in this case and has no basis to make any factual findings. In addition, the consent judgment refers to a settlement agreement, which has not been provided to the Court. The motion to enter a consent judgment17 is denied. Because it appears the parties have settled the case on a private basis, they may submit a stipulation of dismissal by 4/25/2025 . So Ordered by Judge Sanket J. Bulsara on 4/4/2025. (YEP) |
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| Monday, March 31, 2025 | ||
| 17 | 17
motion
Approve Consent Judgment
Mon 03/31 2:39 PM
MOTION to Approve Consent Judgment by Eurofins Discoverx LLC, Eurofins Discoverx Products LLC. (Kowalski, Thomas) |
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| Thursday, February 27, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 02/27 1:53 PM
ORDER re16 : The time for All Defendants to answer, move against or otherwise respond to the Complaint is extended until March 31, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 2/27/2025. c/ecf (RI) |
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| Wednesday, February 26, 2025 | ||
| 16 | 16
motion
Extension of Time to File Answer
Wed 02/26 6:46 PM
Third MOTION for Extension of Time to File Answer re1 Complaint,,,,,, by BOCSCI, Inc., Donghai Chen, Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc., Wenyi Zhang. (Katz, Robert) |
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| Tuesday, January 28, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Tue 01/28 9:07 AM
ORDER granting15 Motion for Extension of Time to Answer. The time for All Defendants to answer, move against or otherwise respond to the Complaint is extended until February 28, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 1/28/2025. (BJ) |
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| Monday, January 27, 2025 | ||
| 15 | 15
motion
Extension of Time to File Answer
Mon 01/27 5:30 PM
Second MOTION for Extension of Time to File Answer re1 Complaint,,,,,, by Creative Biolabs, Inc., Creative Dynamics, Inc., Creative Biomart, Inc., BOCSCI, Inc., Wenyi Zhang, Donghai Chen. (Katz, Robert) |
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| Friday, January 10, 2025 | ||
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utility
Case Assigned/Reassigned
Fri 01/10 6:11 PM
Case Reassigned to Judge Sanket J. Bulsara. Judge Frederic Block no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (ONF) |
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| Thursday, December 26, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 12/26 4:04 PM
ORDER re14 : The time for all defendants to answer, move or otherwise respond to the complaint is extended to and including January 31, 2025. Ordered by Magistrate Judge Arlene R. Lindsay on 12/26/2024. c/ecf (RI) |
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| Monday, December 23, 2024 | ||
| 14 | 14
motion
Extension of Time to File Answer
Mon 12/23 4:09 PM
First MOTION for Extension of Time to File Answer re1 Complaint,,,,,, by Creative Biolabs, Inc., Creative Dynamics, Inc., Creative Biomart, Inc., BOCSCI, Inc., Wenyi Zhang, Donghai Chen. (Katz, Robert) |
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order
Order(Other)
Mon 12/23 4:23 PM
ELECTRONIC ORDER: Referring the defendant's letter application14 to MJ Lindsay to decide. All pre-trial matters, except dispositive motions, should be addressed to MJ Lindsay who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 12/23/2024. (MI) |
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| Thursday, December 19, 2024 | ||
| 13 | 13
service
Summons Returned Executed
Thu 12/19 11:02 AM
SUMMONS Returned Executed by Eurofins Discoverx Products LLC, Eurofins Discoverx LLC. Wenyi Zhang served on 12/12/2024, answer due 1/2/2025. (Kowalski, Thomas) |
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| Monday, December 16, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Mon 12/16 11:27 AM
NOTICE of Appearance by Robert David Katz on behalf of All Defendants (aty to be noticed) (Katz, Robert) |
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| 11 | 11
notice
Notice of Appearance
Mon 12/16 11:25 AM
NOTICE of Appearance by Albert Wai-Kit Chan on behalf of All Defendants (aty to be noticed) (Chan, Albert Wai-Kit) |
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| Thursday, December 12, 2024 | ||
| 10 | 10
service
Summons Returned Executed
Thu 12/12 2:05 PM
SUMMONS Returned Executed by Eurofins Discoverx Products LLC, Eurofins Discoverx LLC. Donghai Chen served on 12/10/2024, answer due 1/2/2025. (Kowalski, Thomas) |
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| 9 | 9
service
Summons Returned Executed
Thu 12/12 2:03 PM
SUMMONS Returned Executed by Eurofins Discoverx Products LLC, Eurofins Discoverx LLC. Creative Dynamics, Inc. served on 12/10/2024, answer due 1/2/2025. (Kowalski, Thomas) |
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| 8 | 8
service
Summons Returned Executed
Thu 12/12 2:00 PM
SUMMONS Returned Executed by Eurofins Discoverx Products LLC. Creative Biomart, Inc. served on 12/10/2024, answer due 1/2/2025. (Kowalski, Thomas) |
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| 7 | 7
service
Summons Returned Executed
Thu 12/12 1:59 PM
SUMMONS Returned Executed by Eurofins Discoverx Products LLC. Creative Biolabs, Inc. served on 12/10/2024, answer due 1/2/2025. (Kowalski, Thomas) |
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| 6 | 6
service
Summons Returned Executed
Thu 12/12 1:57 PM
SUMMONS Returned Executed by Eurofins Discoverx Products LLC. BOCSCI, Inc. served on 12/10/2024, answer due 1/2/2025. (Kowalski, Thomas) |
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| Monday, November 18, 2024 | ||
| 5 | 5
service
Summons Issued
Mon 11/18 1:35 PM
Summons Issued as to All Defendants. (LJ) |
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| 4 | 4
notice
Notice of Report Patent or Trademark AO120
Mon 11/18 1:31 PM
Notice of Report on the filing of an action regarding a Trademark. (LJ) |
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Att: 1
Complaint,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit K,
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Att: 13
Exhibit L,
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Att: 14
Exhibit M,
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Att: 15
Exhibit N,
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Att: 16
Exhibit O,
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Att: 17
Exhibit P,
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Att: 18
Exhibit Q
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| 3 | 3
misc
Clerks Notice of Rule 73
Mon 11/18 1:24 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (LJ) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Mon 11/18 1:20 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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| 1 | 1
43
pgs
cmp
Complaint
Mon 11/18 11:09 AM
COMPLAINT (Verified) against BOCSCI, Inc. (aka BOC Sciences or Best of Chemicals Sciences), Donghai Chen, Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc., Wenyi Zhang filing fee $ 405, receipt number ANYEDC-18502995 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Eurofins Discoverx Products LLC, Eurofins Discoverx LLC. (Kowalski, Thomas) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Exhibit A - 2nd Amended Complaint in Beijing Abace Biotech Co., Ltd. v. ADV Biolabs, Inc. (CD CA),
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Att: 4
Exhibit B - Brookhaven Agreement,
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Att: 5
Exhibit C - Form App. for Fin'l Assistance dated 8-9-22,
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Att: 6
Exhibit D - PathHunter-Arrestin Assay for GPCR Cell Lines,
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Att: 7
Exhibit E - Copy of U.S. Patent No. 8,211,655,
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Att: 8
Exhibit F - Complaint in CSL Limited v. Creative Biolabs Inc. (EDNY),
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Att: 9
Exhibit G - Complaint in The University of Southern Denmark v. Creative Biolabs Inc. (EDNY),
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Att: 10
Exhibit H - Complaint of Adienne Pharma & Biotech S.A. v. Creative Biolabs, Inc. (EDNY),
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Att: 11
Exhibit I - Creative Biolabs Discover MP -Arrestin Assay Protocol,
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Att: 12
Exhibit J - Creative Biomart's Website,
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Att: 13
Exhibit K - PathHunter CHO-K1 GPR75 -Arrestin Orphan GPCR Cell Line Datasheet,
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Att: 14
Exhibit L - US Trademark No. 3338495 Registration Certificate,
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Att: 15
Exhibit M - Declaration of Sailaja Kuchibhatla,
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Att: 16
Exhibit N - Change of Name Assignment Cover Sheet and Change of Name filed for recordal,
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Att: 17
Exhibit O - Assignment filed for recordal at the USPTO on 11-11-24,
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Att: 18
Exhibit P - Eurofins DiscoverX Corp.'s name change to Eurofins DiscoverX, LLC,
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Att: 19
Exhibit Q - US Trademark No. 3338495 Registration assignment
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utility
Case Assigned/Reassigned
Mon 11/18 1:23 PM
Case Assigned to Judge Frederic Block and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
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