Explore the details of the The Toro Company v. Daye North America Inc. et al case under case number 3:2025cv00163 . Review key information about the parties involved, the patents in question, and the docket entries.

Case Details

Case Number
3:2025cv00163
Filing Date
Mar 7, 2025
Cause of Action
-
Status
OPEN
Case Link
View Case
Nature of Suit
830

Plaintiffs

The following plaintiffs are involved in this case, with their respective legal representatives for the case.

CompanyRepresented By
The Toro Company
150 South Fifth Street
Merchant & Gould
Wilkerson Justus PLLC

Defendants

The following defendants are involved in this case, with their respective legal representatives for the case.

CompanyRepresented By
Daye North America Inc.
Husch Blackwell, LLP
Parker, Poe, Adams & Bernstein LLP
Ningbo Daye Garden Machinery Co., Ltd.
Husch Blackwell, LLP
Parker, Poe, Adams & Bernstein LLP

Patents Involved in the Case

There is a single patent involved in this case.

Application NumberPatent Number
13312433US8539745B2

Docket Entries

The Docket Entries section provides a chronological list of all significant filings and court actions in this case.

DateDocket EntryType

Set alerts for critical docket entry

Apr 24, 2025ORDER denying 41 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge David Keesler on 4/23/2025. (add) (Entered: 04/24/2025)ORDER
Apr 23, 2025REPLY to Response to Motion re 41 MOTION for Leave to File Excess Pages by The Toro Company. (Wilkerson, David) (Entered: 04/23/2025)REPLY
Apr 23, 2025ORDER granting 43 Motion for Leave to Appear Pro Hac Vice. Added Rudolph A. Telscher, Jr for Daye North America Inc. and Ningbo Daye Garden Machinery Co., Ltd.. Signed by US Magistrate Judge David Keesler on 4/23/2025. (add) (Entered: 04/23/2025)ORDER
Apr 23, 2025MOTION for Leave to Appear Pro Hac Vice as to Rudolph A. Telscher, Jr. Filing fee $ 300, receipt number ANCWDC-6945364. by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. (Lee, Nicholas). Motions referred to David Keesler. (Entered: 04/23/2025)MOTION
Apr 22, 2025RESPONSE in Opposition re 41 MOTION for Leave to File Excess Pages by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. Replies due by 4/29/2025 (Fussner, Kara) (Entered: 04/22/2025)RESPONSE
Apr 22, 2025 MOTION for Leave to File Excess Pages by The Toro Company. Responses due by 5/6/2025 (Wilkerson, David). Motions referred to David Keesler. (Entered: 04/22/2025)MOTION
Apr 21, 2025ANSWER to 1 Complaint, with Jury Demand Affirmative Defenses and, COUNTERCLAIM S against The Toro Company by Ningbo Daye Garden Machinery Co., Ltd., Daye North America Inc..(Fussner, Kara) (Entered: 04/21/2025)ANSWER
Apr 21, 2025ORDER granting 36 Motion for Extension of Time to File Response/Reply re 25 MOTION for Preliminary Injunction Replies due by 5/2/2025. Signed by US Magistrate Judge David Keesler on 4/21/2025. (add) (Entered: 04/21/2025)ORDER
Apr 21, 2025REPLY to Response to Motion re 36 MOTION for Extension of Time to File Response/Reply re: 25 MOTION for Preliminary Injunction by The Toro Company. (Wilkerson, David) (Entered: 04/21/2025)REPLY
Apr 21, 2025RESPONSE to Motion re 36 MOTION for Extension of Time to File Response/Reply re: 25 MOTION for Preliminary Injunction by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. Replies due by 4/28/2025 (Fussner, Kara) (Entered: 04/21/2025)RESPONSE
Apr 18, 2025 MOTION for Extension of Time to File Response/Reply re: 25 MOTION for Preliminary Injunction by The Toro Company. Responses due by 5/2/2025 (Attachments: # 1 Proposed Order) (Wilkerson, David). Motions referred to David Keesler. (Entered: 04/18/2025)MOTION
Apr 17, 2025DECLARATION of JUSTIN ANDRIKANICH re 34 Memorandum in Opposition to Motion (Redacted Version) filed by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. (Lee, Nicholas) (Entered: 04/17/2025)DECLARATION
Apr 17, 2025MEMORANDUM in Opposition re 25 MOTION for Preliminary Injunction (Redacted Version) by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. Replies due by 4/24/2025 (Lee, Nicholas) (Entered: 04/17/2025)MEMORANDUM
Apr 17, 2025ORDER granting 32 Motion to Seal Document. Document Nos. 26, 30, and 30-2 shall remain under SEAL until otherwise ordered by this Court. Publicly available redacted version due April 25, 2025. Signed by US Magistrate Judge David Keesler on 4/17/2025. (add) (Entered: 04/17/2025)ORDER
Apr 16, 2025 MOTION to Seal Document 26 Sealed Response to Motion, 30 Sealed Document, by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. Responses due by 4/30/2025 (Lee, Nicholas). Motions referred to David Keesler. (Entered: 04/16/2025)MOTION
Apr 16, 2025DECLARATION of Justin Andrikanich re 26 Sealed Response to Motion, filed by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. (Attachments: # 1 Index of Exhibits, # 2 Exhibit X - Selected screen shots from the engineering design file for the Daye Mower)(Lee, Nicholas) (Entered: 04/16/2025)DECLARATION
Apr 16, 2025Sealed Document (Sealed - Attorney): Declaration of Justin Andrikanich re: 26 Sealed Response to Motion, by Defendants; (available to Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd., The Toro Company) (Attachments: # 1 Index of Exhibits, # 2 Exhibit Y - Spreadsheet of development expenses for the Daye Mower (Filed Under Seal))(Lee, Nicholas) (Entered: 04/16/2025)-
Apr 16, 2025DECLARATION of Kara Fussner re 26 Sealed Response to Motion, filed by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Q - U.S. Patent No. 8,539,745, # 3 Exhibit R - Excerpted portions of U.S. Patent Office file history for U.S. Patent No. 8,539,745, # 4 Exhibit S - Invalidity Analysis Claim Charts for U.S. Patent No. 8,539,745, # 5 Exhibit T - U.S. Patent No. 4,055,036, # 6 Exhibit U - U.S. Patent No. 6,862,875, # 7 Exhibit V - U.S. Patent No. 6,910,324, # 8 Exhibit W - Press release issued by Lowes and Toro, dated September 7, 2023)(Lee, Nicholas) (Entered: 04/16/2025)DECLARATION
Apr 16, 2025DECLARATION of David Chreene re 26 Sealed Response to Motion, filed by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. (Attachments: # 1 Index of Exhibits, # 2 C - Excerpted pages of the Daye North America website, # 3 D -Product listing on homedepot.com featuring the Echo 30 in. (Daye Mower), # 4 E - Product listing on lowes.com featuring the Toro 30 TimeMaster, # 5 F - Product listing on homedepot.com featuring the DeWalt 28-inch mower, # 6 G - Product listing on lowes.com featuring Yardmax 24-inch mower, # 7 H - Product listing on lowes.com featuring Craftsman 28-inch mower, # 8 I - Product listing on drpower.com featuring DR Pro Max 30 mower, # 9 J - Product listing on menards.com featuring Troy-Bilt 23 mower, # 10 K - LinkedIn profile of Mr. Tom Werner, # 11 L - Consumer Product Safety Commission website Toro recall, # 12 M - Reddit forum posting titled 30-inch push mower options discussing Toro TimeMaster, # 13 N - The Lawn Forum posting titled Help! 30 timemaster shredding belts discussing the Toro TimeMaster, # 14 O - Posting on the LawnSite entitled Why you shouldn't buy the timemaster, discussing the Toro TimeMaster, # 15 P - Consumer reviews of the Toro 30" TimeMaster posted on lowes.com)(Lee, Nicholas) (Entered: 04/16/2025)DECLARATION
Apr 16, 2025DECLARATION of David Smith re 26 Sealed Response to Motion, filed by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. (Attachments: # 1 Index of Exhibits, # 2 A - Curriculum Vitae of David Smith, # 3 B - Video IMG_6096.mov featuring testing of the Daye Mower (Submitted by USB to Court))(Lee, Nicholas) (Entered: 04/16/2025)DECLARATION
Apr 16, 2025SEALED RESPONSE (Sealed - Attorney) to Motion re: 25 Motion for Preliminary Injunction, by Defendants; (available to Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd., The Toro Company) Replies due by 4/23/2025 (Attachments: # 1 Index of Exhibits)(Lee, Nicholas) (Entered: 04/16/2025)SEALED RESPONSE
Apr 2, 2025 MOTION for Preliminary Injunction by The Toro Company. Responses due by 4/16/2025 (Attachments: # 1 Memorandum, # 2 Affidavit Werner Declaration, # 3 Affidavit Chad Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Proposed Order) (Wilkerson, David) (Entered: 04/02/2025)MOTION
Mar 25, 2025ORDER granting with modification 23 Motion for Extension of Time to Answer re: 1 Complaint, . Daye North America Inc. answer due 4/21/2025; Ningbo Daye Garden Machinery Co., Ltd. answer due 4/21/2025. Signed by US Magistrate Judge David Keesler on 3/25/2025. (add) (Entered: 03/25/2025)ORDER
Mar 25, 2025 MOTION for Extension of Time to Answer re: 1 Complaint, by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. (Lee, Nicholas). Motions referred to David Keesler. (Entered: 03/25/2025)MOTION
Mar 17, 2025ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Added Marra Mancina Clay for The Toro Company (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 3/17/2025. (add) (Entered: 03/17/2025)ORDER
Mar 17, 2025ORDER granting 14 Motion for Leave to Appear Pro Hac Vice. Added Taylor R. Stemler for The Toro Company (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 3/17/2025. (add) (Entered: 03/17/2025)ORDER
Mar 17, 2025ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. Added Eric R. Chad for The Toro Company (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 3/17/2025. (add) (Entered: 03/17/2025)ORDER
Mar 17, 2025ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. Added Thomas J. Leach for The Toro Company. Signed by US Magistrate Judge David Keesler on 3/17/2025. (add) (Entered: 03/17/2025)ORDER
Mar 17, 2025ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Added Daisy Manning for Daye North America Inc. and Ningbo Daye Garden Machinery Co., Ltd. Signed by US Magistrate Judge David Keesler on 3/17/2025. (add) (Entered: 03/17/2025)ORDER
Mar 17, 2025ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Added Kara Fussner for Daye North America Inc. and Ningbo Daye Garden Machinery Co., Ltd. Signed by US Magistrate Judge David Keesler on 3/17/2025. (add) (Entered: 03/17/2025)ORDER
Mar 12, 2025ORDER denying 3 Motion for Temporary Restraining Order. Signed by Chief Judge Martin Reidinger on 3/12/2025. (smm) (Entered: 03/12/2025)ORDER
Mar 12, 2025MOTION for Leave to Appear Pro Hac Vice as to Marra Mancina Clay Filing fee $ 300, receipt number ANCWDC-6883875. by The Toro Company. (Wilkerson, David) (Entered: 03/12/2025)MOTION
Mar 12, 2025MOTION for Leave to Appear Pro Hac Vice as to Taylor R. Stemler Filing fee $ 300, receipt number ANCWDC-6883865. by The Toro Company. (Wilkerson, David) (Entered: 03/12/2025)MOTION
Mar 12, 2025MOTION for Leave to Appear Pro Hac Vice as to Eric R. Chad Filing fee $ 300, receipt number ANCWDC-6883854. by The Toro Company. (Wilkerson, David) (Entered: 03/12/2025)MOTION
Mar 12, 2025MOTION for Leave to Appear Pro Hac Vice as to Thomas J. Leach Filing fee $ 300, receipt number ANCWDC-6883851. by The Toro Company. (Wilkerson, David) (Entered: 03/12/2025)MOTION
Mar 11, 2025MOTION for Leave to Appear Pro Hac Vice as to Daisy Manning Filing fee $ 300, receipt number ANCWDC-6883735. by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. (Lee, Nicholas) (Entered: 03/11/2025)MOTION
Mar 11, 2025MOTION for Leave to Appear Pro Hac Vice as to Kara R. Fussner Filing fee $ 300, receipt number ANCWDC-6883729. by Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. (Lee, Nicholas) (Entered: 03/11/2025)MOTION
Mar 11, 2025 Corporate Disclosure Statement by Ningbo Daye Garden Machinery Co., Ltd.. (Lee, Nicholas) (Entered: 03/11/2025)-
Mar 11, 2025 Corporate Disclosure Statement by Daye North America Inc.. (Lee, Nicholas) (Entered: 03/11/2025)-
Mar 11, 2025NOTICE of Appearance by Nicholas H Lee on behalf of Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. (Lee, Nicholas) (Entered: 03/11/2025)NOTICE
Mar 10, 2025SUMMONS Returned Executed by The Toro Company. Daye North America Inc. served on 3/10/2025, answer due 3/31/2025. (Wilkerson, David) (Entered: 03/10/2025)SUMMONS
Mar 7, 2025REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: # 1 Complaint) (cjs) (Entered: 03/07/2025)REPORT
Mar 7, 2025Summons Issued Electronically as to Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: # 1 Summons)(cjs) (Entered: 03/07/2025)-
Mar 7, 2025 MOTION for Temporary Restraining Order by The Toro Company. Responses due by 3/21/2025 (Attachments: # 1 Memorandum, # 2 Affidavit Werner Declaration, # 3 Affidavit Chad Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Proposed Order) (Wilkerson, David) Modified to remove referral on 3/7/2025 (mga). (Entered: 03/07/2025)MOTION
Mar 7, 2025 Corporate Disclosure Statement by The Toro Company. (Wilkerson, David) (Entered: 03/07/2025)-
Mar 7, 2025COMPLAINT against Daye North America Inc., Ningbo Daye Garden Machinery Co., Ltd. with Jury Demand ( Filing fee $ 405 receipt number ANCWDC-6879220), filed by The Toro Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Wilkerson, David) (Entered: 03/07/2025)COMPLAINT