This case was last updated from PACER on 06/06/2016 at 10:17:22 (UTC).

Western Plastics, Inc. v. DuBose Strapping, Inc.

Case Summary

On 07/02/2015 Western Plastics, Inc filed an Intellectual Property - Patent lawsuit against DuBose Strapping, Inc. This case was filed in U.S. District Courts, North Carolina Eastern District. The Judge overseeing this case is Chief Judge James C. Dever, III. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:15-CV-00294

  • Filing Date:

    07/02/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    North Carolina Eastern District

Judge Details

Judge

Chief Judge James C. Dever, III

 

Party Details

Plaintiff and Counter Defendant

Western Plastics, Inc.

Defendant and Counter Claimant

DuBose Strapping, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Lynne A. Borchers

Attorney at Myers, Bigel, Sibley & Sajovec, P.A.

P.O. Box 37428, 4140 Parklake Ave., Suite 600

Raleigh, NC 27627

J. Bradley Luchsinger

Attorney at Harness, Dickey & Pierce, P.L.C.

5445 Corporate Drive

Troy, MI 48084

Glenn E. Forbis

Attorney at Harness, Dickey & Pierce, P.L.C.

5445 Corporate Drive

Troy, MI 48084

Anthony Paul DeRosa

Attorney at Myers, Bigel, Sibley & Sajovec, P.A.

P.O. Box 37428, 4140 Parklake Ave., Suite 600

Raleigh, NC 27627

Defendant and Counter Claimant Attorneys

Anthony J. Biller

Attorney at Coats & Bennett, PLLC

1400 Crescent Green, Suite 300

Cary, NC 27518

G. Thomas Williams

Attorney at McGarry Bair PC

32 Market Avenue Sw, Suite 500

Grand Rapids, MI 49503

 

Court Documents

#1

(#1) COMPLAINT against DuBose Strapping, Inc. ( Filing fee $ 400 receipt number 0417-3342451.), filed by Western Plastics, Inc.. (Attachments: # 1 Exhibit A - U.S. Patent No. 8,080,304, # 2 Exhibit B - Photograph of the Accused Product, # 3 Exhibit C - April 15, 2015 Letter from Western Plastics to DuBose, # 4 Exhibit D - October 27, 2010 Letter from Jeffrey Kellermann to Western Plastics, # 5 Civil Cover Sheet, # 6 Proposed Summons) (DeRosa, Anthony) (Entered: 07/02/2015)

#2

(#2) FINANCIAL DISCLOSURE STATEMENT by Western Plastics, Inc. (DeRosa, Anthony) (Entered: 07/02/2015)

#3

(#3) Notice of Appearance filed by Anthony Paul DeRosa on behalf of Western Plastics, Inc.. (DeRosa, Anthony) (Entered: 07/02/2015)

#4

(#4) Notice of Appearance filed by Lynne A. Borchers on behalf of Western Plastics, Inc.. (Borchers, Lynne) (Entered: 07/02/2015)

#5

(#5) Summons Issued as to DuBose Strapping, Inc. Counsel is reminded to print the summons and effect service. (O'Brien, C.) (Entered: 07/07/2015)

#6

(#6) PATENT REPORT: Copy of report and complaint forwarded to the Director of the U.S. Patent and Trademark Office at P.O. Box 1450, Alexandria, VA 22313-1450 via first class mail on 7/7/2015. (Felder, J) (Entered: 07/07/2015)

#7

(#7) AFFIDAVIT of Service for Summons, Complaint & Civil Cover Sheet served on Charles DuBose on 7/7/2015, filed by Western Plastics, Inc.. (DeRosa, Anthony) (Entered: 07/09/2015)

#8

(#8) Notice of Appearance filed by Anthony J. Biller on behalf of DuBose Strapping, Inc.. (Biller, Anthony) (Entered: 07/23/2015)

#9

(#9) Consent MOTION for Extension of Time to File Answer regarding 1 Complaint, filed by DuBose Strapping, Inc.. (Attachments: # 1 Text of Proposed Order) (Biller, Anthony) (Entered: 07/23/2015)

#22

(#22) ORDER REFERRING MOTION: 20 MOTION Joint Motion for Entry of Stipulated Protective Order and Stipulated Order Relating to the Discovery of Electronically Stored Information filed by Western Plastics, Inc. Signed by Chief Judge James C. Dever III on 2/26/2016. Motions referred to James E. Gates. (Briggeman, N.) (Entered: 02/26/2016)

#21

(#21) STIPULATION (Joint) Claim Construction Statement by Western Plastics, Inc. (Attachments: # 1 Index of Exhibits to Joint Claim Construction Statement, # 2 Exhibit 1 - Declaration of Dr. Mount, # 3 Exhibit 2 - ExxonMobile Specification, # 4 Exhibit 3 - Declaration of Thomas F. Clarke) (Forbis, Glenn) (Entered: 02/11/2016)

#20

(#20) MOTION Joint Motion for Entry of Stipulated Protective Order and Stipulated Order Relating to the Discovery of Electronically Stored Information filed by Western Plastics, Inc.. (Attachments: # 1 Exhibit A - Stipulated Protective Order, # 2 Exhibit B - Stipulated ESI Order, # 3 Text of Proposed Order Proposed Order Granting Stipulated Protective Order and Stipulated ESI Order) (Luchsinger, J.) (Entered: 01/11/2016)

#19

(#19) SCHEDULING ORDER: Discovery due by 2/8/2017 - Motions due by 3/6/2017. The matter will be set for trial by separate order. Signed by Chief Judge James C. Dever III on 12/15/2015. (Attachments: # 1 Consent to US Magistrate form) (Jenkins, C.) (Entered: 12/15/2015)

#18

(#18) Corrected REPORT of Rule 26(f) Planning Meeting filed by Western Plastics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Forbis, Glenn) Modified on 10/14/2015 to show that the document has been corrected. (Jenkins, C.) (Entered: 10/12/2015)

#17

(#17) REPORT of Rule 26(f) Planning Meeting filed by Western Plastics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Forbis, Glenn) (Entered: 10/09/2015)

#16

(#16) ANSWER to 14 Answer to Complaint, Counterclaim,, by Defendant DuBose Strapping, Inc. by Western Plastics, Inc.. (Forbis, Glenn) (Entered: 09/17/2015)

#15

(#15) ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 8/26/2015. (Jenkins, C.) (Entered: 08/26/2015)

#14

(#14) ANSWER to 1 Complaint, Affirmative Defenses and, COUNTERCLAIM against Western Plastics, Inc. by DuBose Strapping, Inc.. (Attachments: # 1 Exhibit 1 - May 10, 2010 Information Disclosure Statement, # 2 Exhibit 2 - August 12, 2010 Declaration of Thomas Clarke, # 3 Exhibit 3 - Shirrell Letter) (Biller, Anthony) (Entered: 08/24/2015)

10 More Documents Available

 

Docket Entries

  • 02/26/2016
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  • (#22) ORDER REFERRING MOTION: 20 MOTION Joint Motion for Entry of Stipulated Protective Order and Stipulated Order Relating to the Discovery of Electronically Stored Information filed by Western Plastics, Inc. Signed by Chief Judge James C. Dever III on 2/26/2016. Motions referred to James E. Gates. (Briggeman, N.) (Entered: 02/26/2016)

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  • 02/11/2016
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  • (#21) STIPULATION (Joint) Claim Construction Statement by Western Plastics, Inc. (Attachments: # 1 Index of Exhibits to Joint Claim Construction Statement, # 2 Exhibit 1 - Declaration of Dr. Mount, # 3 Exhibit 2 - ExxonMobile Specification, # 4 Exhibit 3 - Declaration of Thomas F. Clarke) (Forbis, Glenn) (Entered: 02/11/2016)

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  • 01/11/2016
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  • (#20) MOTION Joint Motion for Entry of Stipulated Protective Order and Stipulated Order Relating to the Discovery of Electronically Stored Information filed by Western Plastics, Inc.. (Attachments: # 1 Exhibit A - Stipulated Protective Order, # 2 Exhibit B - Stipulated ESI Order, # 3 Text of Proposed Order Proposed Order Granting Stipulated Protective Order and Stipulated ESI Order) (Luchsinger, J.) (Entered: 01/11/2016)

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  • 12/15/2015
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  • (#19) SCHEDULING ORDER: Discovery due by 2/8/2017 - Motions due by 3/6/2017. The matter will be set for trial by separate order. Signed by Chief Judge James C. Dever III on 12/15/2015. (Attachments: # 1 Consent to US Magistrate form) (Jenkins, C.) (Entered: 12/15/2015)

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  • 10/12/2015
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  • (#18) Corrected REPORT of Rule 26(f) Planning Meeting filed by Western Plastics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Forbis, Glenn) Modified on 10/14/2015 to show that the document has been corrected. (Jenkins, C.) (Entered: 10/12/2015)

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  • 10/09/2015
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  • (#17) REPORT of Rule 26(f) Planning Meeting filed by Western Plastics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Forbis, Glenn) (Entered: 10/09/2015)

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  • 09/17/2015
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  • (#16) ANSWER to 14 Answer to Complaint, Counterclaim,, by Defendant DuBose Strapping, Inc. by Western Plastics, Inc.. (Forbis, Glenn) (Entered: 09/17/2015)

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  • 08/26/2015
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  • (#15) ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 8/26/2015. (Jenkins, C.) (Entered: 08/26/2015)

    Read MoreRead Less
  • 08/24/2015
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  • (#14) ANSWER to 1 Complaint, Affirmative Defenses and, COUNTERCLAIM against Western Plastics, Inc. by DuBose Strapping, Inc.. (Attachments: # 1 Exhibit 1 - May 10, 2010 Information Disclosure Statement, # 2 Exhibit 2 - August 12, 2010 Declaration of Thomas Clarke, # 3 Exhibit 3 - Shirrell Letter) (Biller, Anthony) (Entered: 08/24/2015)

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  • 08/24/2015
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  • (#13) Notice of Appearance filed by G. Thomas Williams on behalf of DuBose Strapping, Inc.. (Williams, G.) (Entered: 08/24/2015)

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2 More Docket Entries
  • 07/24/2015
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  • (#10) FINANCIAL DISCLOSURE STATEMENT by DuBose Strapping, Inc. (Biller, Anthony) (Entered: 07/24/2015)

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  • 07/23/2015
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  • (#9) Consent MOTION for Extension of Time to File Answer regarding 1 Complaint, filed by DuBose Strapping, Inc.. (Attachments: # 1 Text of Proposed Order) (Biller, Anthony) (Entered: 07/23/2015)

    Read MoreRead Less
  • 07/23/2015
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  • (#8) Notice of Appearance filed by Anthony J. Biller on behalf of DuBose Strapping, Inc.. (Biller, Anthony) (Entered: 07/23/2015)

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  • 07/09/2015
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  • (#7) AFFIDAVIT of Service for Summons, Complaint & Civil Cover Sheet served on Charles DuBose on 7/7/2015, filed by Western Plastics, Inc.. (DeRosa, Anthony) (Entered: 07/09/2015)

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  • 07/07/2015
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  • (#6) PATENT REPORT: Copy of report and complaint forwarded to the Director of the U.S. Patent and Trademark Office at P.O. Box 1450, Alexandria, VA 22313-1450 via first class mail on 7/7/2015. (Felder, J) (Entered: 07/07/2015)

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  • 07/07/2015
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  • (#5) Summons Issued as to DuBose Strapping, Inc. Counsel is reminded to print the summons and effect service. (O'Brien, C.) (Entered: 07/07/2015)

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  • 07/02/2015
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  • (#4) Notice of Appearance filed by Lynne A. Borchers on behalf of Western Plastics, Inc.. (Borchers, Lynne) (Entered: 07/02/2015)

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  • 07/02/2015
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  • (#3) Notice of Appearance filed by Anthony Paul DeRosa on behalf of Western Plastics, Inc.. (DeRosa, Anthony) (Entered: 07/02/2015)

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  • 07/02/2015
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  • (#2) FINANCIAL DISCLOSURE STATEMENT by Western Plastics, Inc. (DeRosa, Anthony) (Entered: 07/02/2015)

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  • 07/02/2015
  • View Court Documents
  • (#1) COMPLAINT against DuBose Strapping, Inc. ( Filing fee $ 400 receipt number 0417-3342451.), filed by Western Plastics, Inc.. (Attachments: # 1 Exhibit A - U.S. Patent No. 8,080,304, # 2 Exhibit B - Photograph of the Accused Product, # 3 Exhibit C - April 15, 2015 Letter from Western Plastics to DuBose, # 4 Exhibit D - October 27, 2010 Letter from Jeffrey Kellermann to Western Plastics, # 5 Civil Cover Sheet, # 6 Proposed Summons) (DeRosa, Anthony) (Entered: 07/02/2015)

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