This case was last updated from Los Angeles County Superior Courts on 07/11/2019 at 02:24:22 (UTC).

TMC AEROSPACE INC VS ELBIT SYSTEMS LIMITED ET AL

Case Summary

On 04/18/2018 TMC AEROSPACE INC filed an Other - Declaratory Judgment lawsuit against ELBIT SYSTEMS LIMITED. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DANIEL S. MURPHY. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2627

  • Filing Date:

    04/18/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Declaratory Judgment

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DANIEL S. MURPHY

 

Party Details

Plaintiff

TMC AEROSPACE INC.

Defendants

ELBIT SYSTEMS OF AMERICA LLC

ELBIT SYSTEMS LIMITED

Attorney/Law Firm Details

Plaintiff Attorney

KYLE JOHN S.

 

Court Documents

PROOF OF SERVICE OF SUMMONS

6/16/2018: PROOF OF SERVICE OF SUMMONS

Proof of Service

6/18/2018: Proof of Service

PROOF OF SERVICE SUMMONS

6/19/2018: PROOF OF SERVICE SUMMONS

NOTICE OF CASE MANAGEMENT CONFERENCE

6/19/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

Proof of Service

6/27/2018: Proof of Service

STIPULATION TO EXTEND DEFENDANTS ELBIT SYSTEMS LIMITED AND ELBIT SYSTEMS OF AMERICA, LLC'S DEADLINE TO RESPOND TO THE SUMMONS AND COMPLAINT; ORDER

7/3/2018: STIPULATION TO EXTEND DEFENDANTS ELBIT SYSTEMS LIMITED AND ELBIT SYSTEMS OF AMERICA, LLC'S DEADLINE TO RESPOND TO THE SUMMONS AND COMPLAINT; ORDER

CASE MANAGEMENT STATEMENT

7/10/2018: CASE MANAGEMENT STATEMENT

Proof of Service

7/10/2018: Proof of Service

STIPULATION TO EXTEND DEFENDANTS ELBIT SYSTEMS LIMITED AND ELBIT SYSTEMS OF AMERICA, LLC'S DEADLINE TO RESPOND TO THE SUMMONS AND COMPLAINT; ORDER

7/24/2018: STIPULATION TO EXTEND DEFENDANTS ELBIT SYSTEMS LIMITED AND ELBIT SYSTEMS OF AMERICA, LLC'S DEADLINE TO RESPOND TO THE SUMMONS AND COMPLAINT; ORDER

CASE MANAGEMENT ORDER

7/25/2018: CASE MANAGEMENT ORDER

Minute Order

7/25/2018: Minute Order

STIPULATION TO EXTEND DEFENDANTS ELBIT SYSTEMS LIMITED AND ELBIT SYSTEMS OF AMERICA, LLC?S DEADLINE TO RESPOND TO THE SUMMONS AND COMPLAINT; LUEDJ ORDER

8/28/2018: STIPULATION TO EXTEND DEFENDANTS ELBIT SYSTEMS LIMITED AND ELBIT SYSTEMS OF AMERICA, LLC?S DEADLINE TO RESPOND TO THE SUMMONS AND COMPLAINT; LUEDJ ORDER

DECLARATION OF JOHN S. KYLE, ESQ. IN SUPPORT OF PLAINTIFF TMC AEROSPACE, INC.'S MOTION FOR ORDER, GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNDEK SEAL

9/5/2018: DECLARATION OF JOHN S. KYLE, ESQ. IN SUPPORT OF PLAINTIFF TMC AEROSPACE, INC.'S MOTION FOR ORDER, GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNDEK SEAL

FIRST AMENDED COMPLAINT

9/5/2018: FIRST AMENDED COMPLAINT

PROOF OF SERVICE

9/5/2018: PROOF OF SERVICE

PLAINTIFF TMC AEROSPACE, INC.'S NOTICE OF MOTION AND MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNDER SEAL

9/5/2018: PLAINTIFF TMC AEROSPACE, INC.'S NOTICE OF MOTION AND MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNDER SEAL

Notice of Removal to Federal Court

10/5/2018: Notice of Removal to Federal Court

Notice of Removal to Federal Court

10/5/2018: Notice of Removal to Federal Court

10 More Documents Available

 

Docket Entries

  • 06/11/2019
  • Docketat 08:37 AM in Department 32, Daniel S. Murphy, Presiding; Non-Jury Trial - Not Held - Vacated by Court

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  • 05/30/2019
  • Docketat 08:37 AM in Department 32, Daniel S. Murphy, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 05/30/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 10/24/2018
  • Docketat 08:37 AM in Department 32, Daniel S. Murphy, Presiding; (Motion for Leave) - Not Held - Taken Off Calendar by Party

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  • 10/24/2018
  • DocketMinute Order ((Legacy Event Type : Motion for Leave)); Filed by Clerk

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  • 10/24/2018
  • DocketMinute order entered: 2018-10-24 00:00:00; Filed by Clerk

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  • 10/05/2018
  • DocketNotice of Removal to Federal Court; Filed by Elbit Systems Limited (Defendant); Elbit Systems Of America, LLC (Defendant)

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  • 10/05/2018
  • DocketNotice of Removal to Federal Court; Filed by Elbit Systems Limited (Defendant); Elbit Systems Of America, LLC (Defendant)

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  • 09/05/2018
  • DocketPROOF OF SERVICE

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  • 09/05/2018
  • DocketPLAINTIFF TMC AEROSPACE, INC.'S NOTICE OF MOTION AND MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNDER SEAL

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17 More Docket Entries
  • 06/27/2018
  • DocketProof of Service (not Summons and Complaint); Filed by TMC Aerospace, Inc. (Plaintiff)

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  • 06/19/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/19/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 06/19/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/18/2018
  • DocketProof of Service (not Summons and Complaint); Filed by TMC Aerospace, Inc. (Plaintiff)

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  • 06/18/2018
  • DocketProof of Service

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  • 06/16/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 04/18/2018
  • DocketSUMMONS

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  • 04/18/2018
  • DocketComplaint; Filed by TMC Aerospace, Inc. (Plaintiff)

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  • 04/18/2018
  • DocketCOMPLAINT FOR DECLARATORY JUDGMENT

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Complaint Information

ORIGINAL | BY FAX.

John'S. Kyle, Esq. (SBN 199196)

KYLE HARRIS LLP

450 B Street, Suite 1410

San Diego, CA 92101

Tel: (619) 600-0086

Fax: (619) 600-5144 r Email: jkyle@klhipbiz.com ey T e:iot%aa%fl 0 Acaigggia Attomeys for Plaintiff ounty of Los ANG

TMC AEROSPACE, INC. .

THC AEROSPACE APR 18 2018

o Ofiicer/Clerk

' r, Exeguliv Sherri R. Car:; /ii,) Depuly

1 AlyArezZ

By = ~ SUPERIOR COURT OF THE STATE OF CALIFORN{:

FOR THE COUNTY OF LOS ANGELES BC702627

TMC AEROSPACE, INC., CASE NO. Plaintiff, COMPLAINT FOR DECLARATORY

JUDGMENT

V. . ELBIT SYSTEMS LIMITED; ELBIT {Unlimited Civil Case]

SYSTEMS OF AMERICA, LLC; and DOES | through 10, mnclusive,

Defendants.

NATURE OF THE ACTION

1. Plaintiff TMC Aerospace, Inc. (“ITMC”) has valuable patents claiming electro- expulsive ice protection technology (“TMC Ice Protection”). TMC Ice Protection is used on aircraft to prevent in-flight icing, which can be catastrophic. Aircraft manufacturers employ TMC Ice Protection. In particular, suppliers of Unmanned Aerial Vehicles (“UAV”) employ TMC Ice Protection on various UAVs, Defendants Elbit Systems Limited and Elbit Systems of America, LLC (collectively “Elbit” or the “Defendants” or the “Elbit Defendants”) manufacture and supply UAVs to buyers around the world. TMC and Elbit settled a patent lawsuit TMC filed against Elbit by entering into a Settlement and Intellectual Property License Agreement (the

{ “License Agreement”). The License Agreement affords TMC audit. rights to ensure Elbit’s

compliance with the License Agreement. This lawsuit concerns TMC’s unsuccessful attempts to

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