This case was last updated from U.S. District Courts on 07/29/2021 at 16:55:07 (UTC).

Harmony Licensing LLC v. Durabook Americas Inc.

Case Summary

On 05/26/2021 Harmony Licensing LLC filed an Intellectual Property - Patent lawsuit against Durabook Americas Inc. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is J. Paul Oetken. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-04740

  • Filing Date:

    05/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

J. Paul Oetken

 

Party Details

Plaintiff

Harmony Licensing LLC

Defendant

Durabook Americas Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Nicholas Netram Loaknauth

Attorney at The Law Office of Nicholas Loaknauth, Esq

1460 Broadway

New York, NY 10016

Andrew S. Curfman

Attorney at SAND, SEBOLT & WERNOW CO., LPA

4940 Munson Street, N.W., Aegis Tower - Suite 1100

Canton, OH 44718

 

Court Documents

#14

(#14) STIPULATION AND ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT: IT IS HEREBY STIPULATED by undersigned counsel for Plaintiff, Harmony Licensing LLC, subject to the approval of the Court, that Defendant's time to answer, move or otherwise respond to the Complaint in this action shall be extended up through and including September 2, 2021. The reason for this extension is to allow Defendant additional time to investigate the allegations of the Complaint. The requested extension should not disrupt the schedule in this case or prejudice any party. SO ORDERED this 28th day of July, 2021. Durabook Americas Inc. answer due 9/2/2021., Motions terminated: #13 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. filed by Harmony Licensing LLC. (Signed by Judge J. Paul Oetken on 7/28/2021) (vfr) (Entered: 07/28/2021)

#13

(#13) MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. Document filed by Harmony Licensing LLC..(Curfman, Andrew) (Entered: 07/26/2021)

#12

(#12) LETTER addressed to Judge J. Paul Oetken from Andrew S. Curfman dated 07/26/2021 re: Status of Case. Document filed by Harmony Licensing LLC..(Curfman, Andrew) (Entered: 07/26/2021)

#11

(#11) ORDER re: #9 Affidavit of Service Complaints filed by Harmony Licensing LLC. Defendant was served on June 10, 2021. (Dkt. No. 9.) However, no appearance has been entered on Defendants behalf, and no response to the complaint has been filed in the allotted time. Plaintiff has not moved for a default judgment. Plaintiff is directed to notify the Court whether it intends to move for default judgment, or if it has received any communication from Defendant or its counsel regarding a response to the complaint. If Plaintiff fails by July 27, 2021, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendant, the action may be dismissed for failure to prosecute. Plaintiff is directed to serve a copy of this order by mail on Defendant. (Signed by Judge J. Paul Oetken on 7/12/2021) (ate) (Entered: 07/12/2021)

#9

(#9) AFFIDAVIT OF SERVICE of Summons and Complaint. Durabook Americas Inc. served on 6/10/2021, answer due 7/1/2021. Service was accepted by Nancy Dougherty, Authorized Agent. Document filed by Harmony Licensing LLC..(Loaknauth, Nicholas) (Entered: 06/15/2021)

8 #2

Text of Proposed Order

8 #1

Declaration in Support with Exhibit A-Certificate of Good Standing

8 #8

Main Document

#7

No Description Available

#6

(#6) 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)..(pc) (Entered: 05/27/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Durabook Americas Inc., re: #1 Complaint. Document filed by Harmony Licensing LLC..(Loaknauth, Nicholas) (Entered: 05/26/2021)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harmony Licensing LLC..(Loaknauth, Nicholas) (Entered: 05/26/2021)

#3

(#3) CIVIL COVER SHEET filed..(Loaknauth, Nicholas) (Entered: 05/26/2021)

#2

(#2) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Loaknauth, Nicholas) (Entered: 05/26/2021)

4 More Documents Available

 

Docket Entries

  • 07/28/2021
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  • Docket(#14) STIPULATION AND ORDER TO EXTEND TIME TO ANSWER THE COMPLAINT: IT IS HEREBY STIPULATED by undersigned counsel for Plaintiff, Harmony Licensing LLC, subject to the approval of the Court, that Defendant's time to answer, move or otherwise respond to the Complaint in this action shall be extended up through and including September 2, 2021. The reason for this extension is to allow Defendant additional time to investigate the allegations of the Complaint. The requested extension should not disrupt the schedule in this case or prejudice any party. SO ORDERED this 28th day of July, 2021. Durabook Americas Inc. answer due 9/2/2021., Motions terminated: #13 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. filed by Harmony Licensing LLC. (Signed by Judge J. Paul Oetken on 7/28/2021) (vfr) (Entered: 07/28/2021)

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  • 07/26/2021
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  • Docket(#13) MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. Document filed by Harmony Licensing LLC..(Curfman, Andrew) (Entered: 07/26/2021)

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  • 07/26/2021
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  • Docket(#12) LETTER addressed to Judge J. Paul Oetken from Andrew S. Curfman dated 07/26/2021 re: Status of Case. Document filed by Harmony Licensing LLC..(Curfman, Andrew) (Entered: 07/26/2021)

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  • 07/12/2021
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  • Docket(#11) ORDER re: #9 Affidavit of Service Complaints filed by Harmony Licensing LLC. Defendant was served on June 10, 2021. (Dkt. No. 9.) However, no appearance has been entered on Defendants behalf, and no response to the complaint has been filed in the allotted time. Plaintiff has not moved for a default judgment. Plaintiff is directed to notify the Court whether it intends to move for default judgment, or if it has received any communication from Defendant or its counsel regarding a response to the complaint. If Plaintiff fails by July 27, 2021, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendant, the action may be dismissed for failure to prosecute. Plaintiff is directed to serve a copy of this order by mail on Defendant. (Signed by Judge J. Paul Oetken on 7/12/2021) (ate) (Entered: 07/12/2021)

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  • 06/30/2021
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  • Docket(#10) ORDER granting #8 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 06/30/2021)

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  • 06/15/2021
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  • Docket(#9) AFFIDAVIT OF SERVICE of Summons and Complaint. Durabook Americas Inc. served on 6/10/2021, answer due 7/1/2021. Service was accepted by Nancy Dougherty, Authorized Agent. Document filed by Harmony Licensing LLC..(Loaknauth, Nicholas) (Entered: 06/15/2021)

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  • 06/11/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Andrew S Curfman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24659070. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 06/11/2021)

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  • 06/10/2021
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  • Docket(#8) MOTION for Andrew S Curfman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24659070. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harmony Licensing LLC. (Attachments: #1 Declaration in Support with Exhibit A-Certificate of Good Standing, #2 Text of Proposed Order).(Curfman, Andrew) (Entered: 06/10/2021)

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  • 06/08/2021
  • DocketAMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (wb) (Entered: 06/08/2021)

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  • 06/08/2021
  • DocketNOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken, Patent Judge. Judge Andrew L. Carter, Jr is no longer assigned to the case..(wb) (Entered: 06/08/2021)

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1 More Docket Entries
  • 05/27/2021
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  • Docket(#6) 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)..(pc) (Entered: 05/27/2021)

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  • 05/27/2021
  • DocketCase Eligible for Patent Pilot Program. (pc) (Entered: 05/27/2021)

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  • 05/27/2021
  • DocketCase Designated ECF. (pc) (Entered: 05/27/2021)

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  • 05/27/2021
  • DocketMagistrate Judge Sarah Netburn is so designated. 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 05/27/2021)

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  • 05/27/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 05/27/2021)

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  • 05/26/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Durabook Americas Inc., re: #1 Complaint. Document filed by Harmony Licensing LLC..(Loaknauth, Nicholas) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harmony Licensing LLC..(Loaknauth, Nicholas) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#3) CIVIL COVER SHEET filed..(Loaknauth, Nicholas) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#2) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Loaknauth, Nicholas) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#1) COMPLAINT against Durabook Americas Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24594844)Document filed by Harmony Licensing LLC. (Attachments: #1 Exhibit A: US Pat. No. RE42,219, #2 Exhibit B: Claim Chart).(Loaknauth, Nicholas) (Entered: 05/26/2021)

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