This case was last updated from U.S. District Courts on 01/08/2022 at 08:49:35 (UTC).

Social Positioning Input Systems, LLC v. Nexcelerate, LLC

Case Summary

On 11/09/2021 Social Positioning Input Systems, LLC filed an Intellectual Property - Patent lawsuit against Nexcelerate, LLC. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Philip M. Halpern. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:21-CV-09247

  • Filing Date:

    11/09/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Philip M. Halpern

 

Party Details

Plaintiff and Counter Defendant

Social Positioning Input Systems, LLC

Defendants

Nexcelerate, LLC d/b/a Btracking.Com

Nexcelerate, LLC doing business as Btracking.Com

Counter Claimant

Nexcelerate, LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorney

Jay B. Johnson

Attorney at Kizzia Johnson PLLC

1910 Pacific Ave. Suite 13000

Dallas, TX 75180

Defendant and Counter Claimant Attorneys

Excylyn Janaize Hardin-Smith

Attorney at Fish & Richardson

7 Times Square, 20Th Floor

New York, NY 10036

Neil J. McNabnay

Attorney at Fish & Richardson P.C. (Dallas)

1717 Main Street, Suite 5000

Dallas, TX 75201

 

Court Documents

#18

(#18) JOINT STIPULATION AND ORDER OF DISMISSAL: Plaintiff Social Positioning Input Systems, LLC, and Defendant Nexcelerate, LLC d/b/a Btracking.com, by their respective undersigned counsel, hereby STIPULATE and AGREE as follows: 1. All claims asserted by the Plaintiff in this Action are dismissed with prejudice and all counter-claims asserted by the Defendant in this Action are dismissed without prejudice under Fed. R. Civ. P. 41(a)(l)(A)(ii); 2. Each party shall bear its own costs and attorneys' fees with respect to the matters dismissed hereby; This Stipulation and Order shall finally resolve the Action between the parties. (Signed by Judge Philip M. Halpern on 12/20/2021) (jca) (Entered: 12/20/2021)

#17

(#17) PROPOSED STIPULATION AND ORDER. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay) (Entered: 12/17/2021)

#16

(#16) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Nexcelerate, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Social Positioning Input Systems, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Johnson, Jay) Modified on 12/17/2021 (dt). (Entered: 12/17/2021)

15 #3

Text of Proposed Order

15 #2

Exhibit Certificate of Good Standing from the Supreme Court of Texas

15 #1

Affidavit Declaration of Neil J. McNabnay

15 #15

Main Document

#14

(#14) NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 3/3/2022 at 11:00 AM before Judge Philip M. Halpern. (jca) (Entered: 12/07/2021)

#13

(#13) ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Social Positioning Input Systems, LLC. Document filed by Nexcelerate, LLC..(Hardin-Smith, Excylyn) (Entered: 12/06/2021)

#12

(#12) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nexcelerate, LLC..(Hardin-Smith, Excylyn) (Entered: 12/06/2021)

#11

(#11) NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Nexcelerate, LLC..(Hardin-Smith, Excylyn) (Entered: 12/06/2021)

#5

(#5) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Johnson, Jay) (Entered: 11/09/2021)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Patent Asset Management, LLC for Social Positioning Input Systems, LLC. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay) (Entered: 11/09/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Nexcelerate, LLC d/b/a Btracking.com, re: #1 Complaint. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay) (Entered: 11/09/2021)

#2

(#2) CIVIL COVER SHEET filed..(Johnson, Jay) (Entered: 11/09/2021)

1 #1

Exhibit A

1 #1

Main Document

15 More Documents Available

 

Docket Entries

  • 12/20/2021
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  • Docket(#18) JOINT STIPULATION AND ORDER OF DISMISSAL: Plaintiff Social Positioning Input Systems, LLC, and Defendant Nexcelerate, LLC d/b/a Btracking.com, by their respective undersigned counsel, hereby STIPULATE and AGREE as follows: 1. All claims asserted by the Plaintiff in this Action are dismissed with prejudice and all counter-claims asserted by the Defendant in this Action are dismissed without prejudice under Fed. R. Civ. P. 41(a)(l)(A)(ii); 2. Each party shall bear its own costs and attorneys' fees with respect to the matters dismissed hereby; This Stipulation and Order shall finally resolve the Action between the parties. (Signed by Judge Philip M. Halpern on 12/20/2021) (jca) (Entered: 12/20/2021)

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  • 12/17/2021
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  • Docket(#17) PROPOSED STIPULATION AND ORDER. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay) (Entered: 12/17/2021)

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  • 12/17/2021
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  • Docket***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Johnson, Jay to RE-FILE Document #16 Stipulation of Voluntary Dismissal. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Before refiling add SO ORDERED at the bottom of Signature page with signature line. (dt) (Entered: 12/17/2021)

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  • 12/17/2021
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  • Docket(#16) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Nexcelerate, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Social Positioning Input Systems, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Johnson, Jay) Modified on 12/17/2021 (dt). (Entered: 12/17/2021)

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  • 12/17/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for NEIL J. MCNABNAY to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25480239. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 12/17/2021)

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  • 12/16/2021
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  • Docket(#15) MOTION for NEIL J. MCNABNAY to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25480239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nexcelerate, LLC. (Attachments: #1 Affidavit Declaration of Neil J. McNabnay, #2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(McNabnay, Neil) (Entered: 12/16/2021)

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  • 12/07/2021
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  • Docket(#14) NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 3/3/2022 at 11:00 AM before Judge Philip M. Halpern. (jca) (Entered: 12/07/2021)

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  • 12/06/2021
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  • Docket(#13) ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Social Positioning Input Systems, LLC. Document filed by Nexcelerate, LLC..(Hardin-Smith, Excylyn) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#12) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nexcelerate, LLC..(Hardin-Smith, Excylyn) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#11) NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Nexcelerate, LLC..(Hardin-Smith, Excylyn) (Entered: 12/06/2021)

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6 More Docket Entries
  • 11/10/2021
  • DocketCase Designated ECF. (pc) (Entered: 11/10/2021)

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  • 11/10/2021
  • DocketMagistrate Judge Judith C. McCarthy 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: 11/10/2021)

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  • 11/10/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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: 11/10/2021)

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  • 11/10/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jay B. Johnson. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) (Entered: 11/10/2021)

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  • 11/10/2021
  • Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jay B. Johnson. The party information for the following party/parties has been modified: Nexcelerate, LLC d/b/a Btracking.Com. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) (Entered: 11/10/2021)

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  • 11/09/2021
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  • Docket(#5) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Johnson, Jay) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Patent Asset Management, LLC for Social Positioning Input Systems, LLC. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Nexcelerate, LLC d/b/a Btracking.com, re: #1 Complaint. Document filed by Social Positioning Input Systems, LLC..(Johnson, Jay) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#2) CIVIL COVER SHEET filed..(Johnson, Jay) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#1) COMPLAINT against Nexcelerate, LLC d/b/a Btracking.Com. (Filing Fee $ 402.00, Receipt Number ANYSDC-25307469)Document filed by Social Positioning Input Systems, LLC. (Attachments: #1 Exhibit A).(Johnson, Jay) (Entered: 11/09/2021)

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