TMC AEROSPACE INC VS ELBIT SYSTEMS LIMITED ET AL
Case Summary
Case Details
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Case Number:
****2627
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Filing Date:
04/18/2018
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Case Status:
Disposed - Other Disposed
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Case Type:
Other - Declaratory Judgment
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Courthouse:
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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
6/16/2018: PROOF OF SERVICE OF SUMMONS
6/18/2018: Proof of Service
6/19/2018: PROOF OF SERVICE SUMMONS
6/19/2018: NOTICE OF CASE MANAGEMENT CONFERENCE
6/27/2018: Proof of Service
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
7/10/2018: CASE MANAGEMENT STATEMENT
7/10/2018: Proof of Service
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
7/25/2018: CASE MANAGEMENT ORDER
7/25/2018: Minute 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
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
9/5/2018: FIRST AMENDED COMPLAINT
9/5/2018: PROOF OF SERVICE
9/5/2018: PLAINTIFF TMC AEROSPACE, INC.'S NOTICE OF MOTION AND MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT UNDER SEAL
10/5/2018: Notice of Removal to Federal Court
10/5/2018: Notice of Removal to Federal Court
Docket Entries
- 06/11/2019
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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
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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
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DocketMinute Order ( (Final Status Conference)); Filed by Clerk
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- 10/24/2018
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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
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DocketMinute Order ((Legacy Event Type : Motion for Leave)); Filed by Clerk
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- 10/24/2018
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DocketMinute order entered: 2018-10-24 00:00:00; Filed by Clerk
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- 10/05/2018
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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
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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
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DocketPROOF OF SERVICE
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- 09/05/2018
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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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- 06/27/2018
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DocketProof of Service (not Summons and Complaint); Filed by TMC Aerospace, Inc. (Plaintiff)
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- 06/19/2018
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DocketPROOF OF SERVICE SUMMONS
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- 06/19/2018
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DocketNOTICE OF CASE MANAGEMENT CONFERENCE
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- 06/19/2018
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DocketNotice of Case Management Conference; Filed by Clerk
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- 06/18/2018
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DocketProof of Service (not Summons and Complaint); Filed by TMC Aerospace, Inc. (Plaintiff)
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- 06/18/2018
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DocketProof of Service
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- 06/16/2018
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DocketPROOF OF SERVICE OF SUMMONS
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- 04/18/2018
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DocketSUMMONS
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- 04/18/2018
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DocketComplaint; Filed by TMC Aerospace, Inc. (Plaintiff)
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- 04/18/2018
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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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