Delaware District Court
Judge:John Campbell Barker
Case #: 1:24-cv-00502
Nature of Suit830 Property Rights - Patent
Cause35:271 Patent Infringement
Case Filed:Apr 22, 2024
Last checked: Saturday Oct 19, 2024 5:19 AM EDT
Defendant
HighLevel, Inc.
Represented By
Jeffery Baxter
contact info
Alexandra M. Joyce
Mccarter & English, LLP
contact info
Timothy S. Durst
contact info
Daniel M. Silver
Mccarter & English, LLP
contact info
Khanh Leon
contact info
Robert F. Shaffer
contact info
Patric M. Reinbold
contact info
Plaintiff
Etison LLC
Represented By
Michael J. Flynn
Morris, Nichols, Arsht & Tunnell LLP
contact info


Docket last updated: 12/20/2024 11:59 PM EST
Wednesday, November 27, 2024
32 32 order Oral Order 1 - Terminate Hearings ~Util - Set Hearings Wed 11/27 11:22 AM
ORAL ORDER: The parties' joint motion (Doc.31 ) is granted. Accordingly, the hearing on defendant's motion to dismiss is rescheduled for January 24, 2025 at 9:00 a.m. CST / 10:00 a.m. EST. All other details and instructions concerning the hearing (Doc.30 ) remain in effect. Signed by District Judge John Campbell Barker on 11/27/2024. (mpb)
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Monday, November 25, 2024
31 31 motion Miscellaneous Relief Mon 11/25 4:21 PM
Joint MOTION and [Proposed] Order to Reschedule Hearing - filed by HighLevel, Inc..(Silver, Daniel)
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Att: 1 Text of Proposed Order
Wednesday, November 20, 2024
30 30 2 pgs order Order ~Util - Set Hearings Wed 11/20 3:44 PM
ORDER: A hearing on defendant's motion to dismiss is set for December 4, 2024, at 3:00 p.m. CST / 4:00 p.m. EST. The undersigned will preside by teleconference from his courtroom in Tyler, Texas, Counsel may likewise appear by teleconference from their respective offices. Any party appearing by teleconference must utilize a landline. The public will have access to an audio broadcast of the teleconference, but listeners will not be allowed to participate or communicate with the court. Dial-in instructions will be emailed to the parties directly. The public audio broadcast details are as follows: Audio Dial-in Number: (302)353-2301; Access Code: 915010891 (SEE ORDER FOR FURTHER DETAILS). Signed by District Judge John Campbell Barker on 11/20/2024. (jfm)
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Wednesday, September 11, 2024
29 29 misc Request for Oral Argument Wed 09/11 12:34 PM
REQUEST for Oral Argument by Etison LLC re21 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint . (Flynn, Michael)
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Tuesday, September 10, 2024
28 28 15 pgs respm Brief - Reply Tue 09/10 3:14 PM
REPLY BRIEF re21 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by HighLevel, Inc.. (Silver, Daniel)
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Friday, August 30, 2024
order SO ORDERED ~Util - Terminate Motions ~Util - Set Briefing Schedule - open,ans,reply,surreply Tue 09/03 7:53 AM
SO ORDERED re [Doc.27 ] STIPULATION and [Proposed] Order to Extend Time. The time for defendant HighLevel, Inc., to file a reply in support of its MOTION to Dismiss for Failure to State a Claim [Doc.21 ] shall be extended through and including September 10, 2024. Ordered by District Judge John Campbell Barker on 8/30/24. Signed by District Judge John Campbell Barker on 8/30/2024. (mpb)
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Thursday, August 29, 2024
utility Add Attorneys - PHV only Thu 08/29 1:05 PM
Pro Hac Vice Attorney Patric M. Reinbold for HighLevel, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (cdd)
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Wednesday, August 28, 2024
27 27 motion Stipulation to EXTEND Time Wed 08/28 12:52 PM
STIPULATION TO EXTEND TIME the deadline to file a Reply Brief in support of its Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) to September 10, 2024 - filed by HighLevel, Inc.. (Joyce, Alexandra)
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order Order on Motion to Appear Pro Hac Vice Wed 08/28 2:18 PM
ORDER: Motion for pro hac vice appearance of Patric M. Reinbold25 is granted. Ordered by District Judge J. Campbell Barker on 8/28/2024. (oam)
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Tuesday, August 27, 2024
26 26 misc -District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment Tue 08/27 5:01 PM
Pro Hac Vice Fee - Credit Card Payment received for Patric M. Reinbold. ( re25 MOTION for Pro Hac Vice Appearance of Attorney Patric M. Reinbold )( Payment of $ 50, receipt number ADEDC-4485837).(Silver, Daniel)
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25 25 motion Appear Pro Hac Vice Tue 08/27 4:56 PM
MOTION for Pro Hac Vice Appearance of Attorney Patric M. Reinbold - filed by HighLevel, Inc..(Silver, Daniel)
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Att: 1 Certification of Patric M. Reinbold
Monday, August 26, 2024
24 24 respm Brief - Answering Brief in Opposition Mon 08/26 12:42 PM
ANSWERING BRIEF in Opposition re21 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by Etison LLC.Reply Brief due date per Local Rules is 9/3/2024. (Flynn, Michael)
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Thursday, August 01, 2024
utility Case Assigned/Reassigned Thu 08/01 5:01 PM
Case Reassigned to District Judge John Campbell Barker of the United States District Court for the Eastern District of Texas. Please include the initials of the Judge (JCB) after the case number on all documents filed. (rjb)
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Wednesday, July 31, 2024
23 23 motion Stipulation to EXTEND Time Wed 07/31 1:14 PM
STIPULATION TO EXTEND TIME for Plaintiff Etison LLC d/b/a ClickFunnels to file its opposition to Defendant HighLevel, Inc.'s Motion to Dismiss (D.I. 21) to August 26, 2024 - filed by Etison LLC. (Flynn, Michael)
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order SO ORDERED ~Util - Set Briefing Schedule - open,ans,reply,surreply Wed 07/31 2:21 PM
SO ORDERED, re23 STIPULATION TO EXTEND TIME for Plaintiff Etison LLC d/b/a ClickFunnels to file its opposition to Defendant HighLevel, Inc.'s Motion to Dismiss (D.I. 21) to August 26, 2024 filed by Etison LLC,21 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by HighLevel, Inc., Set Briefing Schedule: re21 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint . (Answering Brief due 8/26/2024.) Signed by Judge Colm F. Connolly on 7/31/2024. (nmf)
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Monday, July 29, 2024
22 22 27 pgs respm Brief - Opening Brief in Support Mon 07/29 3:32 PM
OPENING BRIEF in Support re21 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by HighLevel, Inc..Answering Brief/Response due date per Local Rules is 8/12/2024.(Joyce, Alexandra)
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Att: 1 Exhibit A,
Att: 2 Certificate of Compliance
21 21 2 pgs motion Dismiss/Fail to State Claim Mon 07/29 3:26 PM
MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint - filed by HighLevel, Inc..(Joyce, Alexandra)
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Att: 1 Certificate of Compliance,
Att: 2 Proposed Order
Wednesday, July 10, 2024
20 20 motion Stipulation to EXTEND Time Wed 07/10 12:10 PM
STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Amended Complaint (D.I. 19) to July 29, 2024 - filed by HighLevel, Inc.. (Joyce, Alexandra)
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order SO ORDERED ~Util - Set/Reset Answer Deadline Wed 07/10 2:11 PM
SO ORDERED, re20 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Amended Complaint (D.I. 19) to July 29, 2024 filed by HighLevel, Inc., Set/Reset Answer Deadlines: HighLevel, Inc. answer due 7/29/2024. Signed by Judge Colm F. Connolly on 7/10/2024. (nmf)
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Monday, July 01, 2024
19 19 cmp Complaint - Amended Mon 07/01 4:33 PM
AMENDED COMPLAINT against HighLevel, Inc.- filed by Etison LLC.(Flynn, Michael)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D
Thursday, June 27, 2024
18 18 misc Disclosure Statement - Rule 7.1 Thu 06/27 10:14 AM
Amended Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by HighLevel, Inc.. (Joyce, Alexandra)
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Tuesday, June 25, 2024
order SO ORDERED Tue 06/25 8:14 AM
SO ORDERED, re16 MOTION for Pro Hac Vice Appearance of Attorney John M. Hintz, filed by Etison LLC. Ordered by Judge Colm F. Connolly on 6/25/2024. (kmd)
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Monday, June 24, 2024
17 17 misc -District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment Mon 06/24 6:12 PM
Pro Hac Vice Fee - Credit Card Payment received for John M. Hintz. ( re16 MOTION for Pro Hac Vice Appearance of Attorney John M. Hintz )( Payment of $ 50, receipt number ADEDC-4437223).(Flynn, Michael)
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16 16 motion Appear Pro Hac Vice Mon 06/24 6:10 PM
MOTION for Pro Hac Vice Appearance of Attorney John M. Hintz - filed by Etison LLC. (Flynn, Michael)
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Friday, June 21, 2024
utility Add Attorneys - PHV only Fri 06/21 11:17 AM
Pro Hac Vice Attorney Khanh Leon,Timothy S. Durst for HighLevel, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)
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Thursday, June 20, 2024
utility Add Attorneys - PHV only Thu 06/20 9:23 AM
Pro Hac Vice Attorney Robert F. Shaffer for HighLevel, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)
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utility Add Attorneys - PHV only Thu 06/20 9:25 AM
Pro Hac Vice Attorney Jeffery Baxter for HighLevel, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)
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Tuesday, June 18, 2024
15 15 misc Disclosure Statement - Rule 7.1 Tue 06/18 2:29 PM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by HighLevel, Inc.. (Joyce, Alexandra)
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14 14 26 pgs respm Brief - Opening Brief in Support Tue 06/18 2:26 PM
OPENING BRIEF in Support re13 MOTION to Dismiss for Failure to State a Claim filed by HighLevel, Inc..Answering Brief/Response due date per Local Rules is 7/2/2024.(Joyce, Alexandra)
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Att: 1 Certificate of Compliance,
Att: 2 Exhibit A
13 13 2 pgs motion Dismiss/Fail to State Claim Tue 06/18 2:23 PM
MOTION to Dismiss for Failure to State a Claim - filed by HighLevel, Inc..(Joyce, Alexandra)
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Att: 1 Certificate of Compliance,
Att: 2 Text of Proposed Order
Monday, June 17, 2024
12 12 misc -District Court Pro Hac Vice Fee - 04 Attorneys Credit Card Payment Mon 06/17 3:51 PM
Pro Hac Vice Fee - Credit Card Payment received for Robert F. Shaffer, Timothy S. Durst, Jeffery Baxter, and Khanh Leon. ( re11 MOTION for Pro Hac Vice Appearance of Attorney Robert F. Shaffer, Timothy S. Durst, Jeffery Baxter, and Khanh Leon )( Payment of $ 200, receipt number ADEDC-4432039).(Silver, Daniel)
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11 11 motion Appear Pro Hac Vice Mon 06/17 3:48 PM
MOTION for Pro Hac Vice Appearance of Attorney Robert F. Shaffer, Timothy S. Durst, Jeffery Baxter, and Khanh Leon - filed by HighLevel, Inc..(Silver, Daniel)
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Att: 1 Certifications for Robert F. Shaffer, Timothy S. Durst, Jeffery Baxter, and Khanh Leon
order SO ORDERED Mon 06/17 3:57 PM
SO ORDERED, re11 MOTION for Pro Hac Vice Appearance of Attorney Robert F. Shaffer, Timothy S. Durst, Jeffery Baxter, and Khanh Leon, filed by HighLevel, Inc. Ordered by Judge Colm F. Connolly on 6/17/2024. (kmd)
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Tuesday, April 30, 2024
10 10 notice Notice of Appearance Tue 04/30 2:29 PM
NOTICE of Appearance by Alexandra M. Joyce on behalf of HighLevel, Inc. (Joyce, Alexandra)
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Monday, April 29, 2024
9 9 motion Stipulation to EXTEND Time Mon 04/29 3:09 PM
STIPULATION TO EXTEND TIME to Answer, Move or Otherwise Respond to the Complaint to and including June 28, 2024 - filed by HighLevel, Inc.. (Silver, Daniel)
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order SO ORDERED ~Util - Set/Reset Answer Deadline Mon 04/29 3:28 PM
SO ORDERED, re9 STIPULATION TO EXTEND TIME to Answer, Move or Otherwise Respond to the Complaint to and including June 28, 2024 filed by HighLevel, Inc., Set/Reset Answer Deadlines: HighLevel, Inc. answer due 6/28/2024. Signed by Judge Colm F. Connolly on 4/29/2024. (nmf)
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Thursday, April 25, 2024
8 8 misc Disclosure Statement - Rule 7.1 Thu 04/25 2:04 PM
Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SuccessEtc.com, LLC, Corporate Parent Spontent LLC, Corporate Parent Monopolize, Inc., Corporate Parent Ardden Web, LLC, Corporate Parent ABC Rocket, LLC, Corporate Parent BC Investment Capital, LLC for Etison LLC filed by Etison LLC. (Flynn, Michael)
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Wednesday, April 24, 2024
7 7 2 pgs order Order Wed 04/24 11:27 AM
STANDING ORDER REGARDING BRIEFING IN ALL CASES (nmf)
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utility Case Assigned/Reassigned Wed 04/24 9:24 AM
Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (nms)
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Tuesday, April 23, 2024
6 6 service Summons Returned Executed Tue 04/23 12:12 PM
SUMMONS Returned Executed by Etison LLC.HighLevel, Inc. served on 4/23/2024, answer due 5/14/2024. (Flynn, Michael)
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Monday, April 22, 2024
5 5 service Summons Issued Mon 04/22 3:39 PM
Summons Issued as to HighLevel, Inc. on 4/22/2024. (oam)
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4 4 misc Disclosure Statement - Rule 7.1 Mon 04/22 3:37 PM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Etison LLC. (oam)
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3 3 misc Patent/Trademark Report to Commissioner of Patents Mon 04/22 3:31 PM
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,846,357 B2; 11,361,047 B2. (oam)
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2 2 misc Magistrate Consent Forms Mon 04/22 3:27 PM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (oam)
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1 1 5 pgs cmp Complaint Mon 04/22 3:26 PM
COMPLAINT filed for PATENT INFRINGEMENT with Jury Demand against HighLevel, Inc. ( Filing fee $ 405, receipt number ADEDC-4389905.) - filed by Etison LLC.(oam)
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Att: 1 153 pgs Exhibit A-D,
Att: 2 1 pgs Civil Cover Sheet