Theragun, Inc. v. Echelon Fitness Multimedia, LLC et al

Docket(#1) COMPLAINT FOR TRADE DRESS AND PATENT INFRINGEMENT - filed with Jury Demand against DOES 1 through 10, Echelon Fitness Multimedia, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3536815.) - filed by Theragun, Inc.. (Attachments: #1 Exhibit 1-6, #2 Civil Cover Sheet)(mal) (Entered: 02/23/2021)

Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 02/23/2021)

Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D869, 387 S ;D879, 958 S ;D880, 714 S ;D880, 715 S ;10,702,448, B2 ;10,857,067 B2. (mal) (Entered: 02/23/2021)

Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Theragun, Inc.. (mal) (Entered: 02/23/2021)

Docket(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) (Entered: 02/23/2021)

Docket(#6) SUMMONS Returned Executed by Theragun, Inc.. Echelon Fitness Multimedia, LLC served on 2/23/2021, answer due 3/16/2021. (Egan, Brian) (Entered: 02/23/2021)

DocketCase Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) (Entered: 02/24/2021)

Docket(#7) MOTION for Pro Hac Vice Appearance of Attorney Stanley M. Gibson, Rod S. Berman, Shenel Ozisik and Gregory S. Cordrey - filed by Theragun, Inc.. (Moshos, Andrew) (Entered: 02/26/2021)

DocketSO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Stanley M. Gibson, Rod S. Berman, Shenel Ozisik and Gregory S. Cordrey filed by Theragun, Inc. Signed by Judge Colm F. Connolly on 2/26/2021. (fms) (Entered: 02/26/2021)

Docket(#8) STIPULATION TO EXTEND TIME for the defendants to answer or otherwise respond to the Complaint to April 15, 2021 - filed by Theragun, Inc.. (Egan, Brian) (Entered: 03/01/2021)

DocketSO ORDERED, re #8 STIPULATION TO EXTEND TIME for the defendants to answer or otherwise respond to the Complaint to April 15, 2021 filed by Theragun, Inc. Set/Reset Answer Deadlines: Echelon Fitness Multimedia, LLC answer due 4/15/2021. Signed by Judge Colm F. Connolly on 3/2/2021. (fms) (Entered: 03/02/2021)

Docket(#9) ANSWER to #1 Complaint, with Jury Demand by Echelon Fitness Multimedia, LLC.(Schladweiler, Benjamin) (Entered: 04/15/2021)

Docket(#10) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Echelon Fitness Multimedia, LLC. (Schladweiler, Benjamin) (Entered: 04/15/2021)

Docket(#11) Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 5/19/2021 at 03:30 PM before Judge Colm F. Connolly. Counsel for Plaintiff shall coordinate the call and email the dial-in information to chambers. If there are no issues about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 4/20/2021. (nmf) (Entered: 04/20/2021)

Docket(#12) PROPOSED ORDER -- Scheduling Order -- re #11 Order Setting Scheduling Conference, by Theragun, Inc.. (Attachments: #1 Letter to The Honorable Colm F. Connolly)(Egan, Brian) (Entered: 05/14/2021)

DocketThe 5/19/2021 Scheduling Conference is canceled per the filing of the unopposed scheduling order. (nmf) (Entered: 05/17/2021)

Docket(#13) SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 9/27/2021. Amended Pleadings due by 9/27/2021. Fact Discovery completed by 5/31/2022. Expert Discovery due by 10/10/2022. Dispositive Motions due by 11/30/2022. Joint Claim Construction Brief due by 2/21/2022. A Markman Hearing is set for 3/22/2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Proposed Pretrial Order due by 3/8/2023. A Final Pretrial Conference is set for 3/29/2023 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 4/17/2023 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 5/18/2021. (nmf) (Entered: 05/18/2021)

DocketCASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) (Entered: 05/19/2021)

Docket(#14) NOTICE OF SERVICE of Theragun, Inc.'s Initial Disclosures filed by Theragun, Inc..(Egan, Brian) (Entered: 06/02/2021)

Docket(#15) NOTICE OF SERVICE of Defendant Echelon Fitness Multimedia LLC's Initial Disclosures filed by Echelon Fitness Multimedia, LLC.(Schladweiler, Benjamin) (Entered: 06/02/2021)

Docket(#16) PROPOSED ORDER -- Proposed Protective Order -- by Theragun, Inc.. (Egan, Brian) (Entered: 06/08/2021)

Docket(#17) PROTECTIVE ORDER Signed by Judge Colm F. Connolly on 6/10/2021. (nmf) (Entered: 06/11/2021)

DocketORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (#daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 6/16/2021. (Taylor, Daniel) (Entered: 06/16/2021)

Docket(#18) NOTICE OF SERVICE of Defendant Echelon Fitness Multimedia LLCs Amended Initial Disclosures and Defendant Echelon Fitness Multimedia LLCs Paragraph 3 Disclosures filed by Echelon Fitness Multimedia, LLC.(Schladweiler, Benjamin) (Entered: 07/13/2021)

Docket(#19) NOTICE OF SERVICE of Theragun, Inc.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery - filed by Theragun, Inc..(Egan, Brian) (Entered: 07/13/2021)

Docket(#20) STIPULATION and [Proposed] Order Adopting District of Delaware Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") - by Theragun, Inc.. (Egan, Brian) (Entered: 07/13/2021)

Docket(#21) SO ORDERED, re #20 STIPULATION and Order Adopting District of Delaware Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI"). Signed by Judge Colm F. Connolly on 7/15/2021. (nmf) (Entered: 07/16/2021)

Docket(#22) NOTICE OF SERVICE of Plaintiff Theragun, Inc.'s Disclosure of Asserted Claims and Initial Infringement Contentions filed by Theragun, Inc..(Moshos, Andrew) (Entered: 07/27/2021)

Docket(#23) NOTICE of Withdrawal of Counsel (Andrew M. Moshos) by Theragun, Inc. (Moshos, Andrew) (Entered: 09/24/2021)

Docket(#24) NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Echelon Fitness Multimedia, LLC.(Schladweiler, Benjamin) (Entered: 11/04/2021)

Docket(#25) NOTICE OF SERVICE of Defendant's List of Claim Terms/Phrases Needing Construction and Proposed Claim Constructions filed by Echelon Fitness Multimedia, LLC.(Schladweiler, Benjamin) (Entered: 11/15/2021)

Docket(#26) NOTICE OF SERVICE of Plaintiff Theragun, Inc.'s Disclosure of Proposed Claim Terms and Constructions for U.S. Patent Nos. D869,387; D879,985; D880,714; D880,715; 10,702,448; and 10,857,064 filed by Theragun, Inc..(Egan, Brian) (Entered: 11/16/2021)

Docket(#27) CLAIM Construction Chart by Theragun, Inc.. (Attachments: #1 Exhibit A - '387 Patent, #2 Exhibit B - '985 Patent, #3 Exhibit C - '714 Patent, #4 Exhibit D - '715 Patent, #5 Exhibit E - '448 Patent, #6 Exhibit F - '064 Patent)(Egan, Brian) (Entered: 11/22/2021)

Docket(#28) MOTION Adopt Claim Construction Positions Set Forth in the Joint Claim Construction Chart re #25 Notice of Service - filed by Echelon Fitness Multimedia, LLC. (Schladweiler, Benjamin) (Entered: 11/22/2021)

Docket(#29) MOTION Claim Construction re #27 Claim Construction Chart, - filed by Theragun, Inc.. (Egan, Brian) (Entered: 11/22/2021)

Docket(#30) STIPULATION and [PROPOSED] Order to Stay Deadlines Pending Settlement by Echelon Fitness Multimedia, LLC. (Schladweiler, Benjamin) (Entered: 12/07/2021)

Docket(#31) STIPULATION AND ORDER to Stay Deadlines Pending Settlement. Signed by Judge Colm F. Connolly on 12/8/2021. (kmd) (Entered: 12/08/2021)

Docket(#32) STIPULATION and [PROPOSED] Order to Stay Deadlines Pending Settlement by Echelon Fitness Multimedia, LLC. (Schladweiler, Benjamin) (Entered: 01/31/2022)

Docket(#33) STIPULATION AND ORDER to Stay Deadlines Pending Settlement. Signed by Judge Colm F. Connolly on 2/1/2022. (kmd) (Entered: 02/01/2022)