This case was last updated from PACER on 06/23/2020 at 08:59:15 (UTC).

Swirlate IP LLC v. Badger Meter, Inc.

Case Summary

On 04/24/2020 Swirlate IP LLC filed an Intellectual Property - Patent lawsuit against Badger Meter, Inc. This case was filed in U.S. District Courts, Colorado District. The Judges overseeing this case are Daniel D. Domenico and S. Kato Crews. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-01165

  • Filing Date:

    04/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Colorado District

Judge Details

Presiding Judge

Daniel D. Domenico

Referral Judge

S. Kato Crews

 

Party Details

Plaintiff

Swirlate IP LLC

Defendant

Badger Meter, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

David R. Bennett

Attorney at Direction IP Law

P.O. Box 14184

Chicago, IL 60614

Defendant Attorneys

Michael Thomas Griggs

Attorney at Boyle Fredrickson

840 N Plankinton Avenue

Milwaukee, WI 53203

Joseph John Bronesky

Attorney at Sherman & Howard LLC-Denver

633 17Th Street, Suite 3000

Denver, CO 80202-3622

William R. Reed

Attorney at Sherman & Howard LLC-Denver

633 17Th Street, Suite 3000

Denver, CO 80202-3622

 

Court Documents

#12

(#12) Unopposed MOTION to Continue the Scheduling Conference by Plaintiff Swirlate IP LLC. (Bennett, David) (Entered: 06/17/2020)

#11

(#11) CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Swirlate IP LLC All parties do not consent.. (Bennett, David) (Entered: 06/17/2020)

#9

(#9) Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Badger Meter, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Reed, William) (Entered: 06/09/2020)

#8

(#8) NOTICE of Entry of Appearance by Joseph John Bronesky on behalf of Badger Meter, Inc.Attorney Joseph John Bronesky added to party Badger Meter, Inc.(pty:dft) (Bronesky, Joseph) (Entered: 06/05/2020)

#7

(#7) NOTICE of Entry of Appearance by William R. Reed on behalf of Badger Meter, Inc.Attorney William R. Reed added to party Badger Meter, Inc.(pty:dft) (Reed, William) (Entered: 06/05/2020)

#5

(#5) SUMMONS Returned Executed by Swirlate IP LLC. Badger Meter, Inc. served on 4/29/2020, answer due 5/20/2020. (Bennett, David) (Entered: 04/30/2020)

4 #1

Magistrate Judge Consent Form

#4

(#4) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cmadr, ) (Entered: 04/27/2020)

#2

(#2) Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cmadr, ) Modified to correct filing date on 4/27/2020 (cmadr, ). (Entered: 04/27/2020)

1 #5

Summons

1 #4

Civil Cover Sheet

1 #3

Exhibit C - Resp to Office Action Appl. No. 11/633,421 (U.S. Patent No. 7,567,62

1 #2

Exhibit B - U.S. Patent No. 7,567,622

1 #1

Exhibit A - U.S. Patent No. 7,154,961

#1

(#1) COMPLAINT for Patent Infringement against Badger Meter, Inc. (Filing fee $ 400,Receipt Number 1082-7267359)Attorney David R. Bennett added to party Swirlate IP LLC(pty:pla), filed by Swirlate IP LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,154,961, #2 Exhibit B - U.S. Patent No. 7,567,622, #3 Exhibit C - Resp to Office Action Appl. No. 11/633,421 (U.S. Patent No. 7,567,622), #4 Civil Cover Sheet, #5 Summons)(Bennett, David) (Entered: 04/24/2020)

8 More Documents Available

 

Docket Entries

  • 06/18/2020
  • Docket(#16) ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 6/18/2020. Text Only Entry (dddlc2, ) (Entered: 06/18/2020)

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  • 06/18/2020
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  • Docket(#15) CASE REASSIGNED pursuant to #11 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 20-cv-01165-DDD. (Text Only Entry) (jgonz, ) (Entered: 06/18/2020)

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  • 06/17/2020
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  • Docket(#14) ORDER GRANTING #12 Motion to Continue. For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that the Rule 16(b) Scheduling Conference is RESET for a Telephonic Scheduling Conference set for 7/20/2020 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The Proposed Scheduling Order is due 7/13/2020 by ECF filing and in word format to Crews_Chambers@cod.uscourts.gov. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 6/17/2020. Text Only Entry (skclc2) (Entered: 06/17/2020)

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  • 06/17/2020
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  • Docket(#13) NOTICE of Entry of Appearance by Michael Thomas Griggs on behalf of All Defendants Attorney Michael Thomas Griggs added to party Badger Meter, Inc.(pty:dft) (Griggs, Michael) (Entered: 06/17/2020)

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  • 06/17/2020
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  • Docket(#12) Unopposed MOTION to Continue the Scheduling Conference by Plaintiff Swirlate IP LLC. (Bennett, David) (Entered: 06/17/2020)

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  • 06/17/2020
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  • Docket(#11) CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Swirlate IP LLC All parties do not consent.. (Bennett, David) (Entered: 06/17/2020)

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  • 06/09/2020
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  • Docket(#10) ORDER GRANTING #9 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. The Court notes that the Motion for Extension of Time was filed after the deadline for which Defendant seeks an extension. Therefore, Defendant must show excusable neglect for failing to request an extension prior to its 5/20/2020 answer deadline. The Motion lacks any attempt to show excusable neglect. The fact that Plaintiff does not oppose the relief does not satisfy Defendant's burden in this regard; however, it does suggest that Plaintiff does not intend to seek default judgment. With this in mind, and taking into consideration Rule 1 of the Federal Rules of Civil Procedure, the Court GRANTS the Motion. IT IS ORDERED that Defendant shall have until 6/30/2020 to file its answer or otherwise responsive pleading. SO ORDERED by Magistrate Judge S. Kato Crews on 6/9/2020. Text Only Entry (skclc2) (Entered: 06/09/2020)

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  • 06/09/2020
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  • Docket(#9) Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Badger Meter, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Reed, William) (Entered: 06/09/2020)

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  • 06/05/2020
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  • Docket(#8) NOTICE of Entry of Appearance by Joseph John Bronesky on behalf of Badger Meter, Inc.Attorney Joseph John Bronesky added to party Badger Meter, Inc.(pty:dft) (Bronesky, Joseph) (Entered: 06/05/2020)

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  • 06/05/2020
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  • Docket(#7) NOTICE of Entry of Appearance by William R. Reed on behalf of Badger Meter, Inc.Attorney William R. Reed added to party Badger Meter, Inc.(pty:dft) (Reed, William) (Entered: 06/05/2020)

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  • 05/18/2020
  • Docket(#6) ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 7/14/2020 at 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 7/7/2020. The Magistrate Judge Consent Form (ECF. #[4-1]) is due 7/7/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 5/18/2020. Text Only Entry (skclc2) (Entered: 05/18/2020)

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  • 04/30/2020
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  • Docket(#5) SUMMONS Returned Executed by Swirlate IP LLC. Badger Meter, Inc. served on 4/29/2020, answer due 5/20/2020. (Bennett, David) (Entered: 04/30/2020)

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  • 04/24/2020
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  • Docket(#4) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cmadr, ) (Entered: 04/27/2020)

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  • 04/24/2020
  • Docket(#3) Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (cmadr, ) (Entered: 04/27/2020)

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  • 04/24/2020
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  • Docket(#2) Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cmadr, ) Modified to correct filing date on 4/27/2020 (cmadr, ). (Entered: 04/27/2020)

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  • 04/24/2020
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  • Docket(#1) COMPLAINT for Patent Infringement against Badger Meter, Inc. (Filing fee $ 400,Receipt Number 1082-7267359)Attorney David R. Bennett added to party Swirlate IP LLC(pty:pla), filed by Swirlate IP LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,154,961, #2 Exhibit B - U.S. Patent No. 7,567,622, #3 Exhibit C - Resp to Office Action Appl. No. 11/633,421 (U.S. Patent No. 7,567,622), #4 Civil Cover Sheet, #5 Summons)(Bennett, David) (Entered: 04/24/2020)

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