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Bedgear, LLC v. Fredman Bros. Furniture Co., Docket No. 18-02082 (Fed. Cir. Jun 18, 2018), Court Docket
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Bedgear, LLC v. Fredman Bros. Furniture Co.

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Court Dockets
cafc
U.S. Court of Appeals for the Federal Circuit
Docket for Case #: 18-2082

Bedgear, LLC v. Fredman Bros. Furniture Co.

DOCKET INFORMATION
Minimize
Date Filed: Jun 18, 2018
Status: Closed
Original Cases:
IPR2017-00350 on 2016-12-01, United States Patent and Trademark Office
District: PATO
IPR2017-00351 on 2016-12-01, United States Patent and Trademark Office
District: PATO
IPR2017-00352 on 2016-12-01, United States Patent and Trademark Office
District: PATO

Parties and Attorneys

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 Appellant
BEDGEAR, LLC
Appellant
Representation
Joseph J. Richetti, Attorney
Bryan Cave Leighton Paisner LLP
1290 Avenue of the Americas
New York, NY 10104
Personal: 212-541-1092
[LD NTC Retained]
K. Lee Marshall, Attorney
Bryan Cave Leighton Paisner LLP
Three Embarcadero Center
7th Floor
San Francisco, CA 94111
Personal: 415-675-3444
[COR NTC Retained]
Alexander David Walden, Attorney
Bryan Cave Leighton Paisner LLP
1290 Avenue of the Americas
New York, NY 10104
Personal: 212-541-2395
[COR NTC Retained]

 Appellee
FREDMAN BROS. FURNITURE COMPANY, INC.
Appellee
Representation
Jason R. Mudd
Erise IP, P.A.
7015 College Boulevard
Suite 700
Overland Park, KS 66211
Personal: 913-777-5600
[LD NTC Retained]
Eric Allan Buresh
Erise IP, P.A.
7015 College Boulevard
Suite 700
Overland Park, KS 66211
Personal: 913-777-5610
[COR NTC Retained]

Intervenor
UNITED STATES
Intervenor

Docket Entries

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EntryFiledPDFDescription
BL-1Jun 18, 2018ViewAppeal docketed. Received: 06/14/2018. [530088] <br>Entry of Appearance due 07/02/2018. Certificate of Interest due 07/02/2018. Docketing Statement due 07/02/2018. Certified List due 07/30/2018. [MJL]
BL-2Jun 21, 2018RequestORDER consolidating appeal 18-2082 with 18-2083 and 18-2084. The revised official caption is reflected in the order. The certified lists are due 07/30/2018. Service as of this date by the Clerk of Court. [531061] [18-2082, 18-2083, 18-2084] [MJL]
BL-3Jun 21, 2018RequestNote to file: The following cases are consolidated: 18-2082 (Lead) with 18-2083, -2084 (Members). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [531064] [18-2082, 18-2083, 18-2084] [MJL]
BL-4Jul 2, 2018RequestEntry of appearance for Jason R. Mudd as principal counsel for Appellee Fredman Bros. Furniture Company, Inc.. Service: 07/02/2018 by email. [533255] [18-2082] [Jason Mudd]
BL-5Jul 2, 2018RequestCertificate of Interest for the Appellee Fredman Bros. Furniture Company, Inc.. Service: 07/02/2018 by email. [533256] [18-2082] [Jason Mudd]
BL-6Jul 2, 2018RequestDocketing Statement for the Appellee Fredman Bros. Furniture Company, Inc.. Service: 07/02/2018 by email. [533258] [18-2082] [Jason Mudd]
BL-7Jul 2, 2018RequestEntry of appearance for Eric A. Buresh as of counsel for Appellee Fredman Bros. Furniture Company, Inc.. Service: 07/02/2018 by email. [533259] [18-2082] [Eric Buresh]
BL-8Jul 2, 2018RequestEntry of appearance for Joseph J. Richetti as principal counsel for Appellant Bedgear, LLC. Service: 07/02/2018 by email. [533267] [18-2082] [Joseph Richetti]
BL-9Jul 2, 2018RequestEntry of appearance for K. Lee Marshall as of counsel for Appellant Bedgear, LLC. Service: 07/02/2018 by email. [533268] [18-2082] [Joseph Richetti]
BL-10Jul 2, 2018RequestEntry of appearance for Alexander D. Walden as of counsel for Appellant Bedgear, LLC. Service: 07/02/2018 by email. [533269] [18-2082] [Joseph Richetti]
BL-11Jul 2, 2018RequestCertificate of Interest for the Appellant Bedgear, LLC. Service: 07/02/2018 by email. [533270] [18-2082] [Joseph Richetti]
BL-12Jul 2, 2018ViewDocketing Statement for the Appellant Bedgear, LLC. Service: 07/02/2018 by email. [533271] [18-2082] [Joseph Richetti]
BL-13Jul 3, 2018RequestCLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The contact information included on the entries of appearance (EOA) for K. Lee Marshall does not match the information in the attorneys' user accounts. CORRECTION: Pursuant to FCR 47.3(c)(1), please update as needed to ensure the contact information on the EOAs and in the user accounts matches. [533287] [MJL]
BL-14Jul 3, 2018RequestNOTICE OF DEFICIENCY: The certificate of interest [5] filed by Appellee Fredman Bros. Furniture Company, Inc. in 18-2082 is incomplete and therefore cannot be accepted for filing at this time. Item #4 was left blank. You are being afforded the opportunity to correct the deficiency. Please ensure all items are filled out. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [533288] [MJL]
BL-15Jul 3, 2018RequestCLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellant's documents were not text-searchable. CORRECTION: Pursuant to FCR 25(c)(1)(K) and 25(d), documents must be text-searchable in their entirety. Please ensure future filings are text-searchable. [533291] [MJL]
BL-16Jul 3, 2018RequestCorrected Certificate of Interest for the Appellee Fredman Bros. Furniture Company, Inc.. Service: 07/02/2018 by email. [533373] [18-2082] [Jason Mudd]
BL-17Jul 30, 2018RequestCertified list from the United States Patent and Trademark Office. Service: 07/30/2018 by email. Appellant's brief due 09/28/2018. [539289] [MJL]
BL-18Sep 19, 2018RequestMOTION of Appellant Bedgear, LLC to extend the time to 10/12/2018 to file the Appellant's Brief. [Consent: unopposed]. Service: 09/19/2018 by email. [551168] [18-2082] [Joseph Richetti]
BL-19Sep 24, 2018Request**TEXT ONLY** ORDER granting motion to extend time to file appellant's opening brief filed by Appellant Bedgear, LLC. The brief is due 10/12/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [552019] [MJL]
BL-20Sep 24, 2018RequestCLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellant's motion did not include a certificate of compliance. CORRECTION: Pursuant to FRAP 32(g)(1), motions must contain a certificate of compliance with the word count. Please ensure future motions include the certificate of compliance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [552022] [MJL]
BL-21Oct 12, 2018RequestTENDERED from Appellant Bedgear, LLC. Title: OPENING BRIEF. Service: 10/12/2018 by email. . [Joseph Richetti]
BL-22Oct 23, 2018RequestNOTICE OF NON-COMPLIANCE: The submission of Appellant Bedgear, LLC, Opening Brief , is not in compliance with the rules of this court (see attached). Compliant brief due 10/30/2018. Fredman Bros. Furniture Company, Inc.'s brief is due 11/21/2018. Service as of this date by the Clerk of Court. [559436] [MJL]
BL-23Oct 26, 2018RequestTENDERED from Appellant Bedgear, LLC. Title: CORRECTED OPENING BRIEF. Service: 10/26/2018 by email. [560677] [18-2082] [Joseph Richetti]
BL-24Oct 26, 2018ViewCORRECTED BRIEF FILED for Appellant Bedgear, LLC . Number of Pages: 67. Service: 10/26/2018 by email. The paper copies of the brief should be received by the court on or before 11/08/2018. [561988] [MJL]
BL-25Nov 1, 2018RequestCLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Upon review of Appellant's brief for compliance with the Rules, it appears the brief may raise an argument falling under FRAP 44. CORRECTION: Counsel is reminded to submit the required notice if FRAP 44 applies. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [561991] [MJL]
BL-26Nov 6, 2018ViewNotice from Appellant Bedgear, LLC of Constitutional Challenge to Federal Statute. Service: 11/06/2018 by email. [563124] [18-2082] [Joseph Richetti]
BL-27Nov 7, 2018Request6 paper copies of the Corrected Opening Brief received from Appellant Bedgear, LLC. [563230] [CJF]
BL-28Nov 13, 2018RequestMOTION of Appellee Fredman Bros. Furniture Company, Inc. to extend the time to 12/21/2018 to file the Appellee's Response Brief. [Consent: unopposed]. Service: 11/12/2018 by email. [564151] [18-2082] [Jason Mudd]
BL-29Nov 16, 2018RequestCLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellee's motion does not include a certificate of compliance or declaration. CORRECTION: Pursuant to FRAP 32(g)(1), motions must contain a certificate of compliance with the word count. Pursuant to FCR 26(b)(5), a motion for an extension exceeding 14 days must be accompanied by a declaration or affidavit. Please ensure future motions comply with these rules. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [565923] [MJL]
BL-30Nov 20, 2018ViewORDER filed. Notice of the appellant's constitutional challenge is denied as moot. Service: 11/20/2018 by clerk. [566787] [LMS]
BL-31Dec 20, 2018RequestNotice from United States of America Intervention per 28 U.S.C. 2403. Service: 12/20/2018 by email. [573496] [18-2082] [Melissa Patterson]
BL-32Dec 21, 2018RequestORDER filed. The United States is added as an intervenor. The revised official caption is reflected in the order. The stay is hereby lifted. The United States shall file an entry of appearance no more than 14 days from the issuance of this order. The United States shall filed a docketing statement no more than 30 days from the issuance of this order. The appellee's and the intervenor's respective response briefs are due within 40 days from the date of filing of this order. Service as of this date by the Clerk of Court. [574072] [JAL]
BL-33Dec 26, 2018RequestEntry of appearance for Melissa N. Patterson as principal counsel for Intervenor US. Service: 12/26/2018 by email. [574475] [18-2082] [Melissa Patterson]
BL-34Dec 28, 2018RequestEntry of appearance for Joseph Matal as of counsel for Intervenor US. Service: 12/28/2018 by email. [575031] [18-2082] [Joseph Matal]
BL-35Dec 28, 2018RequestEntry of appearance for Thomas W. Krause as of counsel for Intervenor US. Service: 12/28/2018 by email. [575032] [18-2082] [Thomas Krause]
BL-36Dec 28, 2018RequestEntry of appearance for Farheena Y. Rasheed as of counsel for Intervenor US. Service: 12/28/2018 by email. [575033] [18-2082] [Farheena Rasheed]
BL-37Jan 16, 2019RequestMOTION of Appellee Fredman Bros. Furniture Company, Inc. to extend the time to 02/13/2019 to file the Appellee Response Brief. [Consent: unopposed]. Service: 01/16/2019 by email. [578669] [18-2082] [Jason Mudd]
BL-38Jan 16, 2019RequestNotice of Appointment of New Solicitor for the U.S. Patent and Trademark Office. Service: 01/22/2019 by clerk. [579573] [17-2257, 17-2304, 17-2323, 17-2593, 17-2621, 18-1047, 18-1048, 18-1070, 18-1105, 18-1163, 18-1302, 18-1311, 18-1368, 18-1385, 18-1438, 18-1443, 18-1485, 18-1489, 18-1659, 18-1768, 18-1772, 18-1876, 18-1883, 18-1901, 18-1925, 18-1933, 18-1944, 18-1968, 18-2000, 18-2031, 18-2032, 18-2069, 18-2082, 18-2106, 18-2170, 18-2236, 18-2271, 18-2329, 19-1049, 19-1117, 19-1334] [MJL]
BL-39Jan 17, 2019Request**TEXT ONLY** ORDER granting motion to extend time to file brief filed by Appellee Fredman Bros. Furniture Company, Inc. Appellee's brief due 02/13/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [579125] [JAL]
BL-40Jan 23, 2019RequestDocketing Statement for the Intervenor US. Service: 01/23/2019 by email. [580190] [18-2082] [Thomas Krause]
BL-41Jan 23, 2019RequestMOTION of Intervenor US to extend the time to Restoration of appropriations to the Department of Justice, with an extension thereafter by the number of days of the lapse in appropriations to file the United States' Intervenor Brief [Consent: opposed]. Service: 01/23/2019 by email. [580361] [18-2082] [Farheena Rasheed]
BL-42Jan 28, 2019RequestORDER filed granting motion to extend time to file brief filed by Intervenor US to the extent that Intervenor's brief is due on 02/13/2019. Service as of this date by the Clerk of Court. [581256] [JAL]
BL-43Feb 6, 2019RequestMOTION of Intervenor US to extend the time to 03/15/2019 to file the Intervenor's and Appellee's Briefs. [Consent: opposed]. Service: 02/06/2019 by email. [583765] [18-2082] [Melissa Patterson]
BL-44Feb 8, 2019RequestEntry of appearance for Courtney L. Dixon as of counsel for Intervenor US. Service: 02/08/2019 by email. [584611] [18-2082] [Courtney Dixon]
BL-45Feb 13, 2019RequestORDER filed. The motion is granted. Intervenors and Appellees briefs are due no later than March 15, 2019. Service: 02/13/2019 by clerk. [585559] [NL]
BL-46Mar 15, 2019ViewMODIFIED ENTRY: BRIEF FILED for Appellee Fredman Bros. Furniture Company, Inc. Number of Pages: 64. Service: 03/15/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [593268] --[Edited 03/19/2019 by MMA - Reason: compliance review complete] [Jason Mudd]
BL-47Mar 15, 2019ViewLetter from Intervenor US Letter re: United States' Response. Service: 03/15/2019 by email. [593363] [18-2082] [Courtney Dixon]
BL-48Mar 21, 2019RequestORDER filed. The United States is removed as a party. The revised official caption is reflected in the order. Service: 03/21/2019 by clerk. [594635] [NL]
BL-49Mar 21, 2019RequestMOTION of Appellant Bedgear, LLC to extend the time to 04/05/2019 to file the Appellant's Reply Brief. [Consent: unopposed]. Service: 03/21/2019 by email. [594803] [18-2082] [Joseph Richetti]
BL-50Mar 25, 2019RequestORDER denying as moot motion to extend time to file brief filed by Appellant Bedgear, LLC. Service as of this date by the Clerk of Court. [595147] [MMA]
BL-51Apr 5, 2019ViewMODIFIED ENTRY: REPLY BRIEF FILED for Appellant Bedgear, LLC. Number of Pages: 31. Service: 04/05/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [598268] --[Edited 04/08/2019 by MMA - Reason: compliance review complete] [Joseph Richetti]
BL-52Apr 12, 2019RequestMODIFIED ENTRY: APPENDIX FILED for Bedgear, LLC and Fredman Bros. Furniture Company, Inc. Number of Pages: 731. Service: 04/12/2019 by email. . [Joseph Richetti]
BL-53Apr 16, 2019RequestOutstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [600529] [MMA]
BL-54Apr 16, 2019RequestNotice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The notice of conflict with oral argument is due on or before 04/23/2019. The Response to Notice to Advise of Scheduling Conflicts can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/Response_to_Notice_to_Advise_of_Scheduling_Conflicts_Form.pdf">here</a>. The Oral Argument Guide can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/OralArgumentGuide.pdf">here</a>. [600530] [MMA]
BL-55Apr 16, 2019Request6 paper copies of the Opening Response Brief received from Appellee Fredman Bros. Furniture Company, Inc.. [600713] [CJF]
BL-56Apr 19, 2019Request6 paper copies of the Reply Brief received from Appellant Bedgear, LLC. [601551] [CJF]
BL-57Apr 19, 2019Request6 paper copies of the Appendix Brief (Vol. I - II) received from Appellant Bedgear, LLC and Appellee Fredman Bros. Furniture Company, Inc.. [601553] [CJF]
BL-58Apr 19, 2019RequestNotice from Appellant Bedgear, LLC regarding conflicts with oral argument. Service: 04/19/2019 by email. [601745] [18-2082] [K. Marshall]
BL-59Apr 22, 2019RequestThe following conflict dates submitted by Attorney K. Lee Marshall for Appellant Bedgear, LLC have been accepted by the court: 08/05/2019, 08/06/2019, 08/07/2019, 08/08/2019, 08/09/2019, 10/01/2019, 10/02/2019, 10/03/2019, 10/04/2019. [601753] [JAB]
BL-60Apr 23, 2019RequestNotice from Appellee Fredman Bros. Furniture Company, Inc. regarding conflicts with oral argument. Service: 04/23/2019 by email. [602393] [18-2082] [Jason Mudd]
BL-61Apr 24, 2019RequestThe following conflict dates submitted by Attorney Jason R. Mudd for Appellee Fredman Bros. Furniture Company, Inc. have been accepted by the court: 08/05/2019, 08/06/2019, 08/07/2019, 08/08/2019, 08/09/2019, 09/05/2019. [602431] [JAB]
BL-62Aug 21, 2019RequestNOTICE OF ORAL ARGUMENT. Panel: 1910E. Case scheduled September 30, 2019 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to Notice of Oral Argument due: 09/16/2019. Please review the attached Notice. The response to notice of oral argument form can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/Response_to_Notice_of_Oral_Argument_Form.pdf">here</a>. The Oral Argument Guide can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/OralArgumentGuide.pdf">here</a>. [629869] [JAB]
BL-63Sep 4, 2019RequestMODIFIED ENTRY: CORRECTED APPENDIX FILED for Bedgear, LLC. Number of Pages: 729. Service: 09/04/2019 by email. . [Joseph Richetti]
BL-64Sep 4, 2019RequestNotice of Correction to Doc No. . [JAB]
BL-65Sep 16, 2019RequestResponse to notice of oral argument from the Appellee Fredman Bros. Furniture Company, Inc.. [635839] [18-2082] [Jason Mudd]
BL-66Sep 16, 2019RequestResponse to notice of oral argument from the Appellant Bedgear, LLC. [635908] [18-2082] [K. Marshall]
BL-67Sep 30, 2019RequestSubmitted after ORAL ARGUMENT by <br>Mr. K. Lee Marshall, Esq. for Bedgear, LLC and Jason R. Mudd for Fredman Bros. Furniture Company, Inc.<br> Panel: Judge: Newman , Judge: Dyk , Judge: Stoll. [639008] [JCP]
BL-68Nov 7, 2019ViewOPINION filed for the court by Newman, Circuit Judge; Dyk, Circuit Judge and Stoll, Circuit Judge. Opinion concurring in the judgment filed by Circuit Judge Dyk, in which Circuit Judge Newman joins. Nonprecedential Per Curiam Opinion. [647605] [18-2082, 18-2083, 18-2084] [JAB]
BL-69Nov 7, 2019ViewJUDGMENT. VACATED AND REMANDED. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click <a href="http://cafc.uscourts.gov/contact/clerks-office/filing-resources">here</a>. [647607] [18-2082, 18-2083, 18-2084] [JAB]
BL-70Nov 12, 2019ViewERRATA to the Nonprecedential Per Curiam Opinion Doc No.: . Service as of this date by the Clerk of Court. [648516] [18-2082, 18-2083, 18-2084] [JAB]
BL-71Dec 2, 2019ViewMOTION of Appellee Fredman Bros. Furniture Company, Inc. to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 01/08/2020 [Consent: unopposed]. Service: 12/02/2019 by email. [653107] [18-2082] [Jason Mudd]
BL-72Dec 3, 2019RequestORDER filed granting motion to extend time to file petition for rehearing/en banc filed by Appellee Fredman Bros. Furniture Company, Inc. Petition for Rehearing due on or before 01/08/2020. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [653448] [JAB]
BL-73Jan 8, 2020ViewPetition for panel rehearing, for en banc rehearing filed by Appellee Fredman Bros. Furniture Company, Inc.. Service: 01/08/2020 by email. <i>The paper copies of the petition must be filed within two business days (see Fed. Cir. R. 35(c)(4).The required paper copies should be received by the court on or before 01/10/2020</i> [661563] [18-2082] [Jason Mudd]
BL-74Jan 9, 2020ViewThe court invites a response from Appellant Bedgear, LLC to the petition for panel rehearing, for en banc rehearing filed by Appellee in 18-2082. The response is due on or before 01/23/2020. [661802] [JAB]
BL-75Jan 9, 2020Request18 paper copies of the petition for panel rehearing, for en banc rehearing , received from Appellee Fredman Bros. Furniture Company, Inc. [661809] [JAB]
BL-76Jan 23, 2020ViewRESPONSE of Appellant Bedgear, LLC to the petition for panel rehearing filed by Appellee Fredman Bros. Furniture Company, Inc.. Service: 01/23/2020 by email. [665594] [18-2082] [Joseph Richetti]
BL-77Jan 30, 2020RequestNotice to counsel for Appellant Bedgear, LLC: The record of this case indicates that the paper copies of the response to rehearing petition (see Fed. Cir. R. 35(c)(4)) have not been filed. The paper copies must be submitted promptly. Service as of this date by the Clerk of Court. [667227]--[Edited 01/30/2020 by JAB to correct docket text] [JAB]
BL-78Jan 31, 2020Request18 paper copies of the response received from Appellant Bedgear, LLC. [667633] [JAB]
BL-79Jun 12, 2020RequestORDER filed denying petition for panel rehearing, for en banc rehearing filed by Fredman Bros. Furniture Company, Inc. By: En Banc (Per Curiam). Service as of this date by the Clerk of Court. [700704] [JAB]
BL-80Jun 19, 2020RequestMandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [702368] [18-2082, 18-2083, 18-2084] [JAB]
BL-81Sep 30, 2020ViewPetition for writ of certiorari filed on 09/25/2020, and placed on the docket 09/29/2020, in the U.S. Supreme Court. No.: 20-408, Fredman Bros. Furniture Company, Inc. v. Bedgear, LLC. [725611] [18-2170, 18-2082] [JAB]

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