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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 1530 |
Filed: 4/24/2012, Entered: None |
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MEMORANDUM OPINION & ORDER: (1) GRANTING Static Control's 1473 MOTION for Wrongful Injunction Damages in Case No 5:02-cv-571; (2) the clerk of the court is directed to release the security bond in the amount of $250,000 posted by Lexmark on 2/11/03 to Static Control; (3) DENYING Static Control's 1509 MOTION for Hearing; (4) DENYING Lexmark's 1527 MOTION for Leave to File Supplemental Exhibits in Support of Lexmark's Opposition to SCC's Motion for Wrongful Injunction Damages in Case No. 5:02-CV-571-GFVT. Signed by Gregory F. VanTatenhove on 4/24/12.(KJR)cc: COR,Finance
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 1519 |
Filed: 7/23/2010, Entered: None |
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ORDER: (1) The 1518 Motion for Withdrawal of Hanly A. Ingram as Atty of Record is GRANTED. (2) Hanly A. Ingram is permitted to withdraw as counsel of record for Lexmark International, Inc. Signed by Gregory F. VanTatenhove on July 23, 2010. (AWD) cc: COR (Entered: 07/26/2010)
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 Request |
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| 1518 |
Filed: 7/21/2010, Entered: None |
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MOTION to Withdraw as Attorney by Lexmark International, Inc. Hanly A. Ingram (Attachments: # 1 Exhibit A - Consent to Withdraw, # 2 Proposed Order)(Loy, Steven) (Entered: 07/21/2010)
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Request |
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| 1517 |
Filed: 6/8/2010, Entered: None |
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NOTICE of Change of Address by Mickey T. Webster (Webster, Mickey) (Entered: 06/08/2010)
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Request |
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| 1516 |
Filed: 6/8/2010, Entered: None |
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RESPONSE to 1515 To Lexmark's Second Notice of Authority filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 06/08/2010)
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| 1515 |
Filed: 6/7/2010, Entered: None |
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NOTICE by Lexmark International, Inc. (Second) of Authority Interpreting Quanta Computer, Inc. v. LG Electronics, Inc. (Attachments: # 1 Exhibit A - Fujifilm Corp. v. Jack C. Benun et al.)(Loy, Steven) (Entered: 06/07/2010)
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Request |
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| 1514 |
Filed: 3/12/2010, Entered: None |
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REPLY to Response to Motion re 1509 MOTION for Hearing re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 by Static Control Components, Inc. MOTION for Hearing re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 by Static Control Components, Inc. filed by Static Control Components, Inc.. (Robertson, W.) (Entered: 03/12/2010)
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Request |
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| 1513 |
Filed: 3/2/2010, Entered: None |
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RESPONSE in Opposition re 1509 MOTION for Hearing re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 by Static Control Components, Inc. MOTION for Hearing re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 by Static Control Components, Inc. filed by Lexmark International, Inc.. (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 03/02/2010)
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Request |
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| 1512 |
Filed: 3/2/2010, Entered: None |
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STATIC CONTROL COMPONENTS, INC.'S RESPONSE to 1511 LEXMARK'S SURREPLY filed by Static Control Components, Inc. FILED PER ORDER 1510 . (GLD) (Entered: 03/02/2010)
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Request |
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| 1511 |
Filed: 3/2/2010, Entered: None |
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LEXMARK'S SUR-REPLY TO STATIC CONTROL'S REPLY MEMORANDUM IN SUPPORT OF 1473 MOTION by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571. FILED PER ORDER 1510 . (GLD) (Entered: 03/02/2010)
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Request |
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| 1510 |
Filed: 3/2/2010, Entered: None |
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ORDER: (1)Lexmark's Motion For Leave to File Sur-Reply 1507 is GRANTED; (2) Clerk directed to file Lexmark's tendered Sur-Reply 1507 in record as date of entry of this Order; (3) Static Control's Motion For Leave to File a Response to Lexmark's Sur-Reply 1508 is GRANTED; (4) Clerk directed to file Static Control's tendered Response 1508 in record as of date of entry of this Order; (5) Static Control's Motion For Wrongful Injunction Damages in Case No. 5:02-cv-571 1473 stands submitted to Court. Signed by Gregory F. VanTatenhove on 3/2/2010.(GLD)cc: COR (Entered: 03/02/2010)
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Request |
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| 1509 |
Filed: 2/18/2010, Entered: None |
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MOTION for Hearing re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 by Static Control Components, Inc. Motions referred to James B Todd. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 02/18/2010)
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Request |
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| 1508 |
Filed: 2/18/2010, Entered: None |
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MOTION for Leave by Static Control Components, Inc. to File a Response to Lexmark's Sur-Reply re Motion for Injunction Damages Motions referred to James B Todd. (Attachments: # 1 Response to Lexmark's Sur-Reply re Motion for Injunction Damages, # 2 Proposed Order)(Webster, Mickey) (Entered: 02/18/2010)
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Request |
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| 1507 |
Filed: 2/3/2010, Entered: None |
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MOTION for Leave by Lexmark International, Inc. to File a Sur-reply in Opposition to Static Control's Motion for Wrongful Injunction Damages in Case No. 5:02-CV-571-GFVT [D.E. 1473] Motions referred to James B Todd. (Attachments: # 1 Exhibit A - Lexmark's Sur-reply to SCC's Reply Memorandum in Support of Motion for Injunction Damages in Case No. 5:02-CV-571-GFVT, # 2 Proposed Order)(Ingram, Hanly) (Entered: 02/03/2010)
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Request |
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| 1506 |
Filed: 1/29/2010, Entered: None |
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REPLY to Response to Motion re 1472 MOTION for Attorney Fees by Static Control Components, Inc. and Full Costs as Prevailing Party Against Lexmark Copyright Claims filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 01/29/2010)
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Request |
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| 1505 |
Filed: 1/29/2010, Entered: None |
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REPLY to Response to Motion re 1474 MOTION for Attorney Fees by Static Control Components, Inc. and Costs Under 35 U.S.C. Sec. 285 in the 04 Action filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 01/29/2010)
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Request |
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 1504 |
Filed: 1/29/2010, Entered: None |
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SEALED DOCUMENT received on behalf of Static Control re 1503 Reply to Response to Motion. (MAINTAINED IN PAPER as a SEALED DOCUMENT IN THE CLERK'S OFFICE) (GLD) (Entered: 01/29/2010)
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| 1503 |
Filed: 1/29/2010, Entered: None |
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REPLY to Response to Motion re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 filed by Static Control Components, Inc.. (Attachments: # 1 Exhibit A - Swartz Affidavit, # 2 Exhibit B - Hearing Transcript Filed Under Seal)(Webster, Mickey) (EXHIBIT B RECEIVED IN CLERK'S OFFICE AND MAINTAINED IN PAPER.) Modified on 2/1/2010 (GLD). (Entered: 01/29/2010)
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| 1502 |
Filed: 1/29/2010, Entered: None |
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REPLY to Response to Motion re 1458 MOTION for New Trial by Lexmark International, Inc. and Memorandum in Support filed by Lexmark International, Inc.. (Ingram, Hanly) (Entered: 01/29/2010)
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Request |
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| 1501 |
Filed: 1/28/2010, Entered: None |
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AGREED ORDER EXTENDING PAGE LIMITS FOR REPLY MEMORANDUM IN SUPPORT OF LEXMARK'S MOTION FOR NEW TRIAL 1458 . Signed by Gregory F. VanTatenhove on 1/28/2010.(GLD)cc: COR (Entered: 01/29/2010)
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Request |
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| 1500 |
Filed: 1/28/2010, Entered: None |
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Proposed Agreed Order/Stipulation Extending Page Limits for Reply Memorandum in Support of Lexmark's Motion for New Trial 1458 by Lexmark International, Inc., Static Control Components, Inc.. (Ingram, Hanly) (Entered: 01/28/2010)
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Request |
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| 1499 |
Filed: 1/13/2010, Entered: None |
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AGREED ORDER EXTENDING STATIC CONTROL'S PAGE LIMIT FOR ITS REPLY IN SUPPORT OF BILLS OF COSTS - Static Control Components, Inc. is given leave to file a combined reply up to & including 30 pages in support of it's Bill of Costs filed in association w/02-CV-571 1462 & Bill of Costs filed in association w/04-CV-84 1463 . Signed by Gregory F. VanTatenhove on 01/13/2010.(RJD)cc: COR (Entered: 01/13/2010)
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Request |
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| 1498 |
Filed: 1/11/2010, Entered: None |
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REPLY to 1463 , 1462 Bill of Cost filed by Static Control Components, Inc.. (Attachments: # 1 Exhibit 1 - Correspondence re file format)(Webster, Mickey) (Entered: 01/11/2010)
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Request |
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| 1497 |
Filed: 1/8/2010, Entered: None |
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RESPONSE in Opposition re 1474 MOTION for Attorney Fees by Static Control Components, Inc. and Costs Under 35 U.S.C. Sec. 285 in the 04 Action, 1472 MOTION for Attorney Fees by Static Control Components, Inc. and Full Costs as Prevailing Party Against Lexmark Copyright Claims filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit A - SCC's First Amended Counterclaims, # 2 Exhibit B - 10/15/03 Order, # 3 Proposed Order)(Ingram, Hanly) (Entered: 01/08/2010)
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Request |
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| 1496 |
Filed: 1/8/2010, Entered: None |
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AGREED ORDER EXTENDING LEXMARK'S PAGE LIMITS FOR RESPONDING TO STATIC CONTROL'S MOTIONS FOR ATTORNEYS' FEES AND COSTS 1472 1474 : Lexmark is given leave to file a combined response up to and including 60 pgs to Static Control's Motions 1472 and 1474 . Signed by Gregory F. VanTatenhove on 1/8/2010.(GLD)cc: COR (Entered: 01/08/2010)
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Request |
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| 1495 |
Filed: 1/7/2010, Entered: None |
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RESPONSE in Opposition re 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit A - SCC's Final Reply Brief, # 2 Exhibit B - SCC's Final Brief, # 3 Proposed Order)(Ingram, Hanly) (Entered: 01/07/2010)
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Request |
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| 1494 |
Filed: 1/6/2010, Entered: None |
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Proposed Agreed Order/Stipulation Extending Page Limit for Static Reply in Support of Bill of Costs by Lexmark International, Inc., Static Control Components, Inc.. (Webster, Mickey) (Entered: 01/06/2010)
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Request |
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| 1493 |
Filed: 1/5/2010, Entered: None |
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Proposed Agreed Order/Stipulation Extending Lexmark's Page Limits for Responding to Static Control's Motions for Attorneys' Fees & Costs [R. 1472 & 1474] by Lexmark International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 01/05/2010)
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Request |
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| 1492 |
Filed: 12/16/2009, Entered: None |
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AGREED ORDER EXTENDING TIMES FOR STATIC CONTROL AND LEXMARK TO FILE REPLY MEMORANDA IN SUPPORT OF PENDING MOTIONS: (1)Static Control shall have until 1/11/2010 to file reply in support of Bill of Costs 1462 1463 ; (2) Static Control shall have until 1/29/2010 to file Reply Memoranda in support of Motions 1474 1472 1473 ; (3) Lexmark shall have until 1/29/2010 to file Reply to 1458 . Signed by Gregory F. VanTatenhove on 12/16/09.(GLD)cc: COR (Entered: 12/17/2009)
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Request |
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| 1491 |
Filed: 12/16/2009, Entered: None |
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Proposed Agreed Order/Stipulation Extending Times to File Reply Memoranda in Support of Pending Motions by Lexmark International, Inc., Static Control Components, Inc.. (Robertson, W.) (Entered: 12/16/2009)
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Request |
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| 1490 |
Filed: 12/14/2009, Entered: None |
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RESPONSE to 1463 , 1462 (Combined) in Opposition to Static Control Components, Inc.'s Bills of Costs filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit A - 2/28/03 First Amended Complaint, # 2 Exhibit B - 10/15/03 Order, # 3 Proposed Order)(Ingram, Hanly) (Entered: 12/14/2009)
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Request |
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| 1489 |
Filed: 12/11/2009, Entered: None |
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RESPONSE in Opposition re 1458 MOTION for New Trial by Lexmark International, Inc. and Memorandum in Support filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 12/11/2009)
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Request |
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| 1488 |
Filed: 12/4/2009, Entered: None |
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LETTER from 6CCA, assigning Case No. 09-6449, a cross appeal to 09-6287 and 09-6288. HELD IN ABEYANCE until ruling on attached district court motion. (Attachments: # 1 USDC DE 1458 Lexmark Motion for New Trial)(GLD) (Entered: 12/04/2009)
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Request |
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| 1487 |
Filed: 12/3/2009, Entered: None |
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ORDER: IT IS ORDERED that Motion to Withdraw Melise R. Blakeslee as Attorney by Static Control Components, Inc. 1484 is GRANTED and Melise R. Blakeslee is withdrawn as attorney of record for Static Control in this action. Signed by Gregory F. VanTatenhove on 12/3/09.(GLD)cc: COR (Entered: 12/03/2009)
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Request |
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| 1486 |
Filed: 12/2/2009, Entered: None |
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AGREED ORDER EXTENDING PAGE LENGTH AND TIME TO RESPOND TO MOTION FOR NEW TRIAL: Static Control shall have up to and including 12/11/2009 to respond to Lexmark's Motion for New Trial by Lexmark International, Inc. 1458 . Static Control's response may be up to 50 pgs. Signed by Gregory F. VanTatenhove on 12/02/09.(GLD)cc: COR (Entered: 12/03/2009)
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Request |
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| 1485 |
Filed: 12/2/2009, Entered: None |
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Proposed Agreed Order/Stipulation Extending Page Length and Time to Respond to Motion for New Trial by Lexmark International, Inc., Static Control Components, Inc.. (Robertson, W.) (Entered: 12/02/2009)
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Request |
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| 1484 |
Filed: 12/1/2009, Entered: None |
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MOTION to Withdraw as Attorney by Static Control Components, Inc. (Melise R. Blakeslee) (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 12/01/2009)
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Request |
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| 1483 |
Filed: 11/24/2009, Entered: None |
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MINUTE ENTRY ORDER FOR TELEPHONIC STATUS HEARING held on 11/24/09 before Gregory F. VanTatenhove: (1) Lexmark's Motion For Extension of Time 1481 is GRANTED; (2) Lexmark shall respond to Static Control's Motion for Attorneys' Fees 1474 , Motion for Costs 1472 & Motion for Wrongful Injunction Damages 1473 by 1/8/2010; (3) Lexmark shall respond to Static Control's Bills of Costs 1462 & 1463 by 12/14/09. (Court Reporter Sandy Wilder.) Signed by Gregory F. Van Tatenhove. (GLD)cc: COR (Entered: 11/25/2009)
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Request |
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| 1482 |
Filed: 11/24/2009, Entered: None |
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NOTICE OF APPEAL as to 1461 Order,,,,,, 1454 Judgment,,,,,,, by Lexmark International, Inc.. Filing fee $ 455, receipt number 1629876. (Loy, Steven) (Entered: 11/24/2009)
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Request |
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| 1481 |
Filed: 11/23/2009, Entered: None |
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MOTION for Extension of Time to File Response/Reply as to 1463 BILL OF COSTS Submitted in Case 04-CV-84, 1474 MOTION for Attorney Fees by Static Control Components, Inc. and Costs Under 35 U.S.C. Sec. 285 in the 04 Action, 1473 MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571, 1472 MOTION for Attorney Fees by Static Control Components, Inc. and Full Costs as Prevailing Party Against Lexmark Copyright Claims, 1462 BILL OF COSTS Submitted for Case 02-CV-00571 by Lexmark International, Inc. Motions referred to James B Todd. (Attachments: # 1 Exhibit A - Email series between counsel, # 2 Proposed Order)(Ingram, Hanly) (Entered: 11/23/2009)
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Request |
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| 1480 |
Filed: 11/23/2009, Entered: None |
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ORDER: IT IS ORDERED that Motion to Withdraw Jennifer E. Heisinger 1478 is GRANTED and Jennifer E. Heisinger is withdrawn as attorney of record for Static Control Components, Inc. Signed by Gregory F. VanTatenhove on 11/23/09.(GLD)cc: COR (Entered: 11/23/2009)
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Request |
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| 1479 |
Filed: 11/23/2009, Entered: None |
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ORDER: (1)Scheduled for Telephonic Status Conference on 11/24/2009 at 10:00 AM in LONDON before Gregory F. VanTatenhove; (2) Parties shall join by dialing 866-215-3606; (3) Clerk to provide un-redacted copy of this Order by facsimile to W. Craig Robertson, III, Esq. and Steven B. Loy. Signed by Gregory F. VanTatenhove on 11/23/09.(GLD)cc: COR, London diary (Entered: 11/23/2009)
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Request |
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| 1478 |
Filed: 11/18/2009, Entered: None |
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MOTION to Withdraw as Attorney by Static Control Components, Inc. (Jennifer E. Heisinger) (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 11/18/2009)
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Request |
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| 1477 |
Filed: 11/17/2009, Entered: None |
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LETTER from Sixth Circuit Court of Appeals to counsel. Case #09-6287 held in abeyance until ruling on pending motion DE 1458 . (Attachments: # 1 USDC Motion DE 1458 )(GLD) (Entered: 11/17/2009)
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Request |
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| 1476 |
Filed: 11/17/2009, Entered: None |
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LETTER from Sixth Circuit Court of Appeals to counsel. Case #09-6288 held in abeyance until ruling on pending motion DE 1458 . (Attachments: # 1 Lexmark Combined Motion For New Trial filed in USDC Case #5:04-cv-84, DE 1458 ).(GLD) (Entered: 11/17/2009)
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Request |
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| 1475 |
Filed: 11/17/2009, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. re 1474 MOTION for Attorney Fees by Static Control Components, Inc. and Costs Under 35 U.S.C. Sec. 285 in the 04 Action Amended Certificate of Service (Attachments: # 1 Exhibit A - Amended Certificate of Service)(Webster, Mickey) (Entered: 11/17/2009)
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Request |
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| 1474 |
Filed: 11/17/2009, Entered: None |
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MOTION for Attorney Fees by Static Control Components, Inc. and Costs Under 35 U.S.C. Sec. 285 in the 04 Action (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Webster, Mickey) (Additional attachment(s) added on 11/18/2009: # 3 Amended Certificate of Service) (GLD). (Entered: 11/17/2009)
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Request |
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| 1473 |
Filed: 11/16/2009, Entered: None |
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MOTION for Order by Static Control Components, Inc. for Wrongful Injunction Damages in Case No 5:02-cv-571 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Webster, Mickey) (Entered: 11/16/2009)
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Request |
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| 1472 |
Filed: 11/13/2009, Entered: None |
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MOTION for Attorney Fees by Static Control Components, Inc. and Full Costs as Prevailing Party Against Lexmark Copyright Claims (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Oct 27, 2004 Letter, # 3 Exhibit 2 - Feb 23, 2005 Letter, # 4 Exhibit 3 - Oct. 20, 2005 Letter, # 5 Exhibit 4 - Oct. 31, 2005 Letter, # 6 Declaration of Seth Greenstein, # 7 Proposed Order)(Robertson, W.) Modified on 11/16/2009 (GLD). SEALED EXHIBIT #6 DECLARATION OF SETH GREENSTEIN RECEIVED AND MAINTAINED IN CLERK'S OFFICE. (Entered: 11/13/2009)
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Request |
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| 1471 |
Filed: 11/12/2009, Entered: None |
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AGREED ORDER: (1) Clerk shall not tax costs pursuant to 1415 , 1462 OR 1463 ; (2) Lexmark shall respond to bill of costs by 12/7/2009; (3) Status Control shall file reply in support by 12/21/2009. Signed by Gregory F. VanTatenhove on 11/12/2009.(STB)cc: COR (Entered: 11/13/2009)
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Request |
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| 1470 |
Filed: 11/12/2009, Entered: None |
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AGREED ORDER EXTENDING TIME TO RESPOND: Static Control shall have until 12/4/2009 to file response to Lexmark's 1458 MOTION for New Trial. Signed by Gregory F. VanTatenhove on 11/12/2009.(STB)cc: COR (Entered: 11/12/2009)
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Request |
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| 1469 |
Filed: 11/12/2009, Entered: None |
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AGREED ORDER CLARIFYING ENTRY OF FINAL JUDGMENT: entry of the Amended Final Judgment 1461 did not dispose of or otherwise affect Lexmark's pending Motion for New Trial 1458 which remains outstanding pending further orders of the Court. Signed by Gregory F. VanTatenhove on 11/12/2009.(STB)cc: COR (Entered: 11/12/2009)
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Request |
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| 1468 |
Filed: 11/12/2009, Entered: None |
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Proposed Agreed Order/Stipulation regarding Bill of Costs by Lexmark International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 11/12/2009)
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Request |
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| 1467 |
Filed: 11/11/2009, Entered: None |
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Proposed Agreed Order/Stipulation Extending Time to Respond to Lexmark's Motion for New Trial by Lexmark International, Inc., Static Control Components, Inc.. (Robertson, W.) (Entered: 11/11/2009)
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Request |
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| 1466 |
Filed: 11/10/2009, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. First Amended Notice of Appeal in Case 5:04-CV-84 (Robertson, W.) (Entered: 11/10/2009)
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Request |
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| 1465 |
Filed: 11/10/2009, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. re 1457 Notice of Filing Second Amended Notice of Appeal in Case 5:02-CV-571 (Robertson, W.) (Entered: 11/10/2009)
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Request |
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| 1464 |
Filed: 11/9/2009, Entered: None |
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Proposed Agreed Order/Stipulation Clarifying That the Entry of Amended Final Judgment Did Not Deny Pending Motion for New Trial by Lexmark International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 11/09/2009)
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Request |
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| 1463 |
Filed: 11/5/2009, Entered: None |
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BILL OF COSTS Submitted in Case 04-CV-84. (Attachments: # 1 Exhibit A - Bill of Costs Spreadsheet, # 2 Exhibit B - Invoices to Support Bill of Costs (under seal), # 3 Exhibit C - Attorney Affidavits, # 4 Exhibit D - Memorandum in Support)(Robertson, W.) (Entered: 11/05/2009)
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Request |
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| 1462 |
Filed: 11/5/2009, Entered: None |
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BILL OF COSTS Submitted for Case 02-CV-00571. (Attachments: # 1 Exhibit A - Bill of Costs Spreadsheet, # 2 Exhibit B - Supporting Invoices (under seal), # 3 Exhibit C - Attorney Affidavits, # 4 Exhibit D - Memorandum in Support)(Robertson, W.) (Entered: 11/05/2009)
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Request |
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| 1461 |
Filed: 10/27/2009, Entered: None |
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AMENDED FINAL JUDGMENT: IT IS ORDERED AND ADJUDGED THAT: LEXMARK CLAIMS FOR COMPLAINT 5:02-cv-571: (1) Ct 1 dismissed on merits; (2) Ct 2 dismissed on merits; (3) Ct 3 dismissed on merits. STATIC COUNTERCLAIMS IN 02-CV-571: (4) First Claim for Relief dismissed (5) Second Claim for Relief dismissed on merits; (6) Third Claim for Relief dismissed on merits; (7) Fourth Claim for Relief dismissed on merits; (8) Fifth Claim for Relief dismissed on merits; (9) Sixth Claim for Relief dismissed on merits; (10) Seventh Claim for Relief dismissed on merits. LEXMARK CLAIMS IN AMENDED REPLY & COUNTERCLAIMS 02-CV-571: (11) Ct 1 dismisssed on merits; (12) Ct V dismissed on merits; (13) Ct VI dismissed on merits; (14) Ct VII dismissed on merits. STATIC CONTROL'S CLAIMS ON COMPLAINT IN 04-CV-84: (15) Ct I in favor of Static Control; (16) Ct II in favor of Static Control; (17) Ct III dismissed w/o prejudice as moot; LEXMARK'S COUNTERCLAIMS IN 04-84: (18) Ct 1 dismissed on merits; (19) Ct II dismissed on merits except Para. 91 adjudged in favor of Lexmark; (20) Ct V dismissed on merits; (21) Ct VI dismissed on merits; (22) Ct VII dismissed on merits. OTHER MATTERS: (23) all pending motions DENIED as moot; (24) Court's prior rulings & orders are merged herein; (25) Neither Lexmark nor Static Control waives any appeal or other rights; (26) All claims merged herein are dismissed on merits; (27) Judgment is ENTERED with respect to all issues raised; (28) FINAL AND APPEALABLE JUDGMENT and no just cause for delay;(29) this matter is STRICKEN from Court's active docket; (30) parties will submit motions of costs & attorneys fees w/in 30 days of entry of this Judgment. Signed by Gregory F. VanTatenhove on 10/27/09.(GLD)cc: COR (Entered: 10/27/2009)
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Request |
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| 1460 |
Filed: 10/27/2009, Entered: None |
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ORDER: IT IS ORDERED THAT (1) 1459 JOINT MOTION to Amend Final Judgment is GRANTED; (2) Amended Final Judgment is filed contemporaneously with this Order. Signed by Gregory F. VanTatenhove on 10/27/09.(GLD)cc: COR (Entered: 10/27/2009)
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Request |
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| 1459 |
Filed: 10/27/2009, Entered: None |
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JOINT MOTION to Amend/Correct 1454 Judgment,,,,,,, by Lexmark International, Inc., Static Control Components, Inc. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order Amended Final Judgment)(Webster, Mickey) (Entered: 10/27/2009)
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Request |
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| 1458 |
Filed: 10/26/2009, Entered: None |
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MOTION for New Trial by Lexmark International, Inc. and Memorandum in Support (Attachments: # 1 Exhibit 1 - Laserdynamics v. Quanta Order, # 2 Exhibit 2 - ACRA Opinions, # 3 Exhibit 5 - Lucent Tech Jury Instruction, # 4 Exhibit 6 - Federal Circuit Bar Assoc Model Patent Jury Instruction, # 5 Exhibit 7 - AIPLA Model Patent Jury Instruction, # 6 Appendix of Documents Filed Under Seal, # 7 Proposed Order)(Ingram, Hanly) Modified on 10/27/2009 (GLD). (EXHIBITS #3 & #4 RECEIVED IN CLERK'S OFFICE AND MAINTAINED UNDER SEAL PURSUANT TO PROTECTIVE ORDER.) (Entered: 10/26/2009)
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| 1457 |
Filed: 10/21/2009, Entered: None |
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Corrected First Amended Notice of Appeal by Static Control Components, Inc. re 1455 Notice of Appeal (Webster, Mickey) Modified docket text on 10/22/2009 (GLD). (Entered: 10/21/2009)
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Request |
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| 1456 |
Filed: 10/16/2009, Entered: None |
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NOTICE OF APPEAL in Case of 5:04-cv-84 as to 1454 Judgment, by Static Control Components, Inc.. Filing fee $ 455, receipt number 1601365. (Webster, Mickey) Modified on 10/19/2009 (GLD). (Entered: 10/16/2009)
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Request |
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| 1455 |
Filed: 10/16/2009, Entered: None |
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FIRST AMENDED NOTICE OF APPEAL in 5:02-cv-571 case as to 1454 Judgment, by Static Control Components, Inc.. Filing fee $ 455, receipt number 1601360. (Webster, Mickey) Modified on 10/19/2009 (GLD). (Entered: 10/16/2009)
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Request |
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| 1454 |
Filed: 10/16/2009, Entered: None |
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FINAL JUDGMENT: IT IS ORDERED AND ADJUDGED THAT: LEXMARK CLAIMS FOR COMPLAINT 5:02-cv-571: (1) Ct 1 dismissed on merits; (2) Ct 2 dismissed on merits; (3) Ct 3 0 dismissed on merits. STATIC COUNTERCLAIMS IN 02-CV-571: (4) First Claim for Relief dismissed on merits; (5) Second Claim for Relief dismissed on merits; (6) Third Claim for Relief dismissed on merits; (7) Fourth Claim for Relief dismissed on merits; (8) Fifth Claim for Relief dismissed on merits; (9) Sixth Claim for Relief dismissed on merits; (10) Seventh Claim for Relief dismissed on merits. LEXMARK CLAIMS IN AMENDED REPLY & COUNTERCLAIMS 02-CV-571: (11) Ct 1 dismisssed on merits; (12) Ct V dismissed on merits; (13) Ct VI dismissed on merits; (14) Ct VII dismissed on merits. STATIC CONTROL'S CLAIMS ON COMPLAINT IN 04-CV-84: (15) Ct I in favor of Static Control; (16) Ct II in favor of Static Control; (17) Ct III dismissed w/o prejudice as moot; LEXMARK'S COUNTERCLAIMS IN 04-84: (18) Ct 1 dismissed on merits; (19) Ct II dismissed on merits except Para. 91 adjudged in favor of Lexmark; (20) Ct V dismissed on merits; (21) Ct VI dismissed on merits; (22) Ct VII dismissed on merits. OTHER MATTERS: (23) all pending motions DENIED as moot; (24) Court's prior rulings & orders are merged herein; (25) Neither Lexmark nor Static Control waives any appeal or other rights; (26) All claims merged herein are dismissed on merits; (27) Judgment is ENTERED with respect to all issues raised; (28) FINAL AND APPEALABLE JUDGMENT and no just cause for delay; (29) all issues properly resolved, this action is DISMISSED WITH PREJUDICE; (30) matter is STRICKEN from Court's docket; (31) parties will submit motions for bills of costs & attorneys fees w/in 30 days of entry of this Judgment. Signed by Gregory F. VanTatenhove on 10/15/09 (GLD)cc: COR (Entered: 10/16/2009)
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Request |
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| 1453 |
Filed: 9/28/2009, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc., Static Control Components, Inc. re 1448 Memorandum Opinion & Order, Terminate Motions,, Proposed Judgment (Attachments: # 1 Proposed Final Judgment)(Loy, Steven) (Entered: 09/28/2009)
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Request |
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| 1452 |
Filed: 9/16/2009, Entered: None |
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AGREED ORDER EXTENDING TIME TO TENDER PROPOSED JUDGMENT(S): IT IS ORDERED AND ADJUDGED that Lexmark and Static Control shall have an extension of time to and including 9/28/09 to tender proposed Judgment. Signed by Gregory F. Van Tatenhove on 9/16/09.(GLD)cc: COR (Entered: 09/16/2009)
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Request |
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| 1451 |
Filed: 9/15/2009, Entered: None |
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Proposed Agreed Order/Stipulation Extending Time to Tender Proposed Judgment(s) by Lexmark International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 09/15/2009)
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Request |
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| 1450 |
Filed: 9/10/2009, Entered: None |
 |
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AGREED ORDER EXTENDING TIME TO TENDER PROPOSED JUDGMENT(S): Ordered and adjudged that Lexmark and Static Control shall have an extension of time to and including 9/21/2009 w/in which to tender proposed Judgment(s) as previously order in DE 1448 . Signed by Judge Gregory F. Van Tatenhove on 9/10/2009.(SCD)cc: COR (Entered: 09/11/2009)
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Request |
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| 1449 |
Filed: 9/10/2009, Entered: None |
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Proposed Agreed Order/Stipulation Extending Time to Tender Proposed Judgment(s) by Lexmark International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 09/10/2009)
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Request |
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| 1448 |
Filed: 8/13/2009, Entered: None |
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MEMORANDUM OPINION & ORDER: (1) Static Control's Motion to Dismiss 1432 is DENIED; (2) parties shall w/in 30 days of date of entry of this Order, exchange draft judgments consistent with representations made by counsel during teleconference held on 4/14/09, and submit to Court a proposed Final Judgment for entry in the record. Signed by Gregory F. Van Tatenhove on 8/13/09.(GLD)cc: COR (Entered: 08/13/2009)
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Request |
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| 1447 |
Filed: 4/15/2009, Entered: None |
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ORDER: IT IS ORDERED that MOTION to Withdraw Allen E. Hoover as Attorney 1445 is GRANTED and Allen E. Hoover is withdrawn as attorney of record for Lexmark International, Inc. Signed by Gregory F. Van Tatenhove on 04/15/2009.(GLD)cc: COR (Entered: 04/15/2009)
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Request |
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| 1446 |
Filed: 4/14/2009, Entered: None |
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MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 04/14/2009 before Gregory F. Van Tatenhove: (1)IT IS ORDERED that parties shall w/in 30 days of Court's ruling on Pla's Motion to Dismiss 1432 exchange draft judgments consistent with representations made by counsel on record and submit to Court a proposed Final Judgment for entry in the record. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter SANDY WILDER.) (GLD)cc: COR (Entered: 04/14/2009)
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Request |
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| 1445 |
Filed: 4/13/2009, Entered: None |
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MOTION to Withdraw as Attorney by Lexmark International, Inc. (Allen E. Hoover) (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 04/13/2009)
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Request |
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| 1444 |
Filed: 4/8/2009, Entered: None |
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ORDER: (1)IT IS ORDERED that this matter is scheduled for a telephonic status conference set for 4/13/2009 at 4:00 PM EST before Judge Gregory F. Van Tatenhove; (2) parties shall join said conference by dialing in at (866)215-3606; (3) Clerk is directed to provide un-redacted copy of this Order by fax to W. Craig Robertson, III, Esq. and Steven B. Loy, Esq. Signed by Gregory F. Van Tatenhove on 04/08/2009.(GLD)cc: COR,D (Entered: 04/08/2009)
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Request |
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| 1443 |
Filed: 3/31/2009, Entered: None |
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MEMORANDUM OPINION & ORDER: (1)Static Control's Motion to Reconsider the Interlocutory Order 1008 1422 is GRANTED; (2)Court finds Lexmark's Prebate terms are not enforceable under patent law; (3)Court to schedule a telephonic status conference in this matter by subsequent order. Signed by Gregory F. Van Tatenhove on 03/31/2009.(RJD)cc: COR (Entered: 03/31/2009)
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Request |
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| 1442 |
Filed: 3/27/2009, Entered: None |
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ORDER: The 1441 Motion to Withdraw Mark T. Banner as Attorney for Lexmark International, Inc. is GRANTED. Signed by Gregory F. Van Tatenhove on March 27, 2009. (AWD) cc: COR (Entered: 03/27/2009)
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Request |
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| 1441 |
Filed: 3/25/2009, Entered: None |
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MOTION to Withdraw as Attorney by Lexmark International, Inc. (Mark T. Banner) (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 03/25/2009)
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Request |
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| 1440 |
Filed: 3/11/2009, Entered: None |
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RESPONSE to 1439 Lexmark's Reply Regarding Notice of Authority filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 03/11/2009)
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Request |
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| 1439 |
Filed: 3/11/2009, Entered: None |
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REPLY to 1438 , 1437 Static Control Components, Inc.'s Response to Lexmark's Notice of Authority Interpreting Quanta Computer, Inc. v. LG Electronics, Inc. filed by Lexmark International, Inc.. (Loy, Steven) (Entered: 03/11/2009)
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Request |
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| 1438 |
Filed: 3/10/2009, Entered: None |
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RESPONSE to 1437 Lexmark's Notice of Authority filed by Static Control Components, Inc.. (Gold, Sharon) (Entered: 03/10/2009)
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Request |
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| 1437 |
Filed: 3/5/2009, Entered: None |
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NOTICE by Lexmark International, Inc. of Authority Interpreting Quanta Computer, Inc. v. LG Electronics, Inc. (Attachments: # 1 Exhibit A - Monsanto Opinion, # 2 Exhibit B - Monsanto Briefs)(Loy, Steven) (Entered: 03/05/2009)
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Request |
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| 1436 |
Filed: 12/24/2008, Entered: None |
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RESPONSE to 1435 Lexmark's Notice of Authority filed by Static Control Components, Inc.. (Robertson, W.) (Entered: 12/24/2008)
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Request |
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| 1435 |
Filed: 12/22/2008, Entered: None |
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NOTICE by Lexmark International, Inc. of Authority Concerning Lexmark's Claim of Inducement of Patent Infringement (Attachments: # 1 Exhibit A - Rentrop v. The Spectranetics Corp.)(Ingram, Hanly) (Entered: 12/22/2008)
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Request |
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| 1434 |
Filed: 11/14/2008, Entered: None |
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REPLY to 1432 Motion to Dismiss Lexmark's Claim for Direct Infringement of the '015 Patent filed by Static Control Components, Inc.. (Robertson, W.) (Entered: 11/14/2008)
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Request |
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| 1433 |
Filed: 11/3/2008, Entered: None |
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RESPONSE in Opposition re 1432 MOTION to Dismiss by Static Control Components, Inc. Lexmark's Claim of Direct Infringement of the '015 Patent Under FRCP 41(B) filed by Lexmark International, Inc.. (Attachments: # 1 Proposed Order)(Shull, Jason) (Entered: 11/03/2008)
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Request |
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| 1432 |
Filed: 10/15/2008, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss by Static Control Components, Inc. Lexmark's Claim of Direct Infringement of the '015 Patent Under FRCP 41(B) (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 10/15/2008)
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Request |
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| 1431 |
Filed: 10/14/2008, Entered: None |
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TRANSCRIPT of Proceedings: Motion Hearing held on 9/29/2008 before Judge Judge Gregory F. Van Tatenhove. Court Reporter: SANDY C. WILDER, Telephone number 859-516-4114. Transcript ordered by: Steven B. Loy. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. Redaction Request due 11/4/2008. Redacted Transcript Deadline set for 11/14/2008. Release of Transcript Restriction set for 1/12/2009. (GLD) (Entered: 10/14/2008)
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Request |
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| 1430 |
Filed: 10/3/2008, Entered: None |
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MEMORANDUM OPINION: (1) For reasons set forth in this Memorandum Opinion, Lexmark's Renewed Motion for Judgment as a Matter of Law Regarding Direct Infringement, Inducement of Infringement and Patent Exhaustion 1383 is DENIED; Lexmark International Motion that the Court should not Rule on Static Control's Affirmative Equitable Defenses 1385 is GRANTED; Renewed Motion for Judgment as a Matter of Law regarding patent misuse 1381 is DENIED AS MOOT; Renewed Motion For Judgment As Matter Of Law regarding laches, equiptable estoppel and statute of limitations 1384 is DENIED AS MOOT IN PART AND OTHERWISE DENIED. 1429 . Signed by Gregory F. Van Tatenhove on 10/03/2008.(GLD)cc: COR (Entered: 10/06/2008)
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Request |
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| 1429 |
Filed: 9/30/2008, Entered: None |
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ORDER: 1. Lexmark's Renewed Motion for Judgment as a Matter of Law Regarding Direct Infringement, Inducement to Infringe and Patent Exhaustion 1383 is DENIED; 2. Lexmark International Motion that the Court should not Rule on Static Control's Affirmative Equitable Defenses 1385 is GRANTED; 3. Lexmark's Renewed Motion for Judgment as a Matter of Law Regarding Patent Misuse 1381 is DENIED AS MOOT; 4. Lexmark International's Renewed Motion for Judgment as a Matter of Law Regarding Equitable Estoppel, Laches, and Statute of Limitations 1384 is DENIED as moot in part and otherwise DENIED; 5. Static Control's Motion for Bill of Costs 1415 is DENIED WITHOUT PREJUDICE; and 6. Static Controls Motion for Attorney Fees 1416 is DENIED WITHOUT PREJUDICE. Signed by Gregory F. Van Tatenhove on 9/30/08. (MJY)cc: COR (Entered: 09/30/2008)
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Request |
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| 1428 |
Filed: 9/30/2008, Entered: None |
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MINUTE ENTRY ORDER FOR MOTION HEARING held on 9/29/2008 re 1422 Motion for Reconsideration re 1008 before Gregory F. Van Tatenhove: Hearing held in London, KY; Court heard arguments on Static Control Components, Inc.'s Motion To Reconsider; This matter stands SUBMITTED to Court for decision; A separate order will be issued setting forth Court's ruling. (Court Reporter SANDY WILDER.)Signed by Judge Gregory F. Van Tatenhove. (GLD)cc: COR Modified to correct date of hearing on 9/30/2008 (GLD). (Entered: 09/30/2008)
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Request |
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| 1427 |
Filed: 9/30/2008, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Lexmark's PowerPoint Presentation Made at September 29, 2008 Hearing (Attachments: # 1 PowerPoint Presentation)(Ingram, Hanly) (Entered: 09/30/2008)
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Request |
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| 1426 |
Filed: 9/18/2008, Entered: None |
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ORDER: IT IS ORDERED that upon Court's own motion, a Hearing will be held on 9/29/2008 at 10:00 a.m. in London, KY before Judge Gregory F. Van Tatenhove; Court will hear arguments on Static Control Components, Inc. Motion To Reconsider 1422 . Signed by Gregory F. Van Tatenhove on 09/18/2008.(GLD)cc: COR, London Diary (Entered: 09/18/2008)
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Request |
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| 1425 |
Filed: 7/8/2008, Entered: None |
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REPLY to 1422 Motion for Reconsideration filed by Static Control Components, Inc.. (Attachments: # 1 Exhibit A - Brief of the United States as Amicus Curiae in Support of Petitioners)(Webster, Mickey) (Entered: 07/08/2008)
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Request |
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| 1424 |
Filed: 7/1/2008, Entered: None |
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RESPONSE in Opposition re 1422 MOTION for Reconsideration re 1008 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File Excess Pages, Order on Motion to Strike filed by Lexmark International, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Becker, Matthew) Modified text (text clean-up) on 7/2/2008 (CBD). (Entered: 07/01/2008)
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Request |
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| 1423 |
Filed: 6/13/2008, Entered: None |
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RESPONSE in Opposition re 1383 MOTION for Judgment as a Matter of Law by Lexmark International, Inc. (Supplemental Response) filed by Static Control Components, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Quanta Supreme Court Opinion, # 3 Exhibit 2 - Rodriguez v. Tenn. Laborers Health & Welfare Fund, # 4 Proposed Order)(Robertson, W.) (Entered: 06/13/2008)
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Request |
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| 1422 |
Filed: 6/13/2008, Entered: None |
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MOTION for Reconsideration re 1008 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,,,,, Order on Motion for Leave to File Excess Pages, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, by Static Control Components, Inc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Quanta Supreme Court Opinion, # 3 Exhibit 2 - Rodriguez v. Tenn. Laborers Health & Welfare Fund, # 4 Proposed Order)(Robertson, W.) (Entered: 06/13/2008)
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Request |
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| 1421 |
Filed: 5/5/2008, Entered: None |
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ORDER of USCA as to 1414 Notice of Appeal, filed by Static Control Components, Inc. The appeal is dismissed sua sponte for lack of appellate jurisdiction. (Attachments: # 1 Cover Letter)(JMW) (Entered: 05/07/2008)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 1420 |
Filed: 12/20/2007, Entered: None |
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ORDER (1) Static Control's Bill of Costs 1415 and Motion for full Costs and Reasonable Attorneys' Fees 1416 are STAYED pending agreement by the parties as to a briefing schedule in connection with these matters; and (2) Said stay me be lifted upon motion of either party or the Court. Signed by Gregory F. Van Tatenhove on 12/20/07.(JMW)cc: COR, LGW (Entered: 12/20/2007)
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Request |
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| 1419 |
Filed: 12/11/2007, Entered: None |
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NOTICE OF FILING Proposed Agreed Order by Lexmark International, Inc., Static Control Components, Inc. re 1416 MOTION for Attorney Fees by Static Control Components, Inc. and for Costs regarding Lexmark Copyright Claim, 1415 MOTION for Bill of Costs by Static Control Components, Inc. regarding the 2002 case Agreed Order Staying Bill of Costs and Motion for Attorneys Fees (Webster, Mickey) Modified text on 12/12/2007 to indicate proposed agreed order (JMW). (Entered: 12/11/2007)
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Request |
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| 1418 |
Filed: 12/7/2007, Entered: None |
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ORDER re 1415 Motion for Bill of Costs by Static Control Components, Inc. (1) By 1/4/08, Lexmark may file a response to the Bill of Costs with supporting memorandum; and (2) Static Control shall have 14 days from the filing by Lexmark of a response, if any, to file their reply. Signed by Clerk of Court, Leslie G. Whitmer on 12/7/07.(JMW)cc: COR, LGW (Entered: 12/07/2007)
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Request |
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| 1417 |
Filed: 12/6/2007, Entered: None |
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ORDER (1) Static Control's Motion for Bill of Costs, record 282 and Motion for Attorney Fees, record 283, filed in Civil Action No. 5:02-571, are DENIED AS MOOT; (2) the parties are reminded that all filings in this matter shall be filed under the caption above and only in Civil Action No. 5:04-84; and (3) the Clerk is directed to file a copy of this Order in both Civil Actions, 5:02-571 and 5:04-84. Signed by Gregory F. Van Tatenhove on 12/6/07.(JMW)cc: COR, Leslie G. Whitmer-Clerk of Court (Entered: 12/06/2007)
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Request |
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| 1416 |
Filed: 11/28/2007, Entered: None |
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MOTION for Attorney Fees by Static Control Components, Inc. and for Costs regarding Lexmark Copyright Claim (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Correspondence dated 10/27/04, # 3 Exhibit 2 - Correspondence dated 2/23/05, # 4 Exhibit 3 - Correspondence dated 10/20/05, # 5 Exhibit 4 - Correspondence dated 10/31/05, # 6 Proposed Order, # 7 Declaration of Seth Greenstein (filed under seal)(Robertson, W.) Modified text on 11/29/2007 to indicate the sealed Declaration of Seth Greenstein was received by the Clerk and is maintained in paper under seal (JMW). (Entered: 11/28/2007)
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| 1415 |
Filed: 11/28/2007, Entered: None |
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MOTION for Bill of Costs by Static Control Components, Inc. regarding the 2002 case (Attachments: # 1 Exhibit A - Bill of Costs Spreadsheet, # 2 Exhibit B - Invoices (filed under seal), # 3 Exhibit C - Affidavits of Robertson, Greenstein and Barrett, # 4 Memorandum in Support Exhibit D)(Robertson, W.) Modified text on 11/29/2007 to indicate sealed Exhibit B to this entry was received by the Clerk and is maintained in paper under seal (JMW). (Entered: 11/28/2007)
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| 1414 |
Filed: 11/14/2007, Entered: None |
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NOTICE OF APPEAL as to 1008 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File Excess Pages, Order on Motion to Strike, 392 Order, 1359 Jury Trial Minutes, 1081 Memorandum Opinion & Order, 1259 Order on Motion for Reconsideration, Order on Motion to Amend/Correct, by Static Control Components, Inc. Filing fee $ 455, receipt number 1068913. (Robertson, W.) Modified on 11/15/2007 to clean up text (Wells, J. Michelle). (Entered: 11/14/2007)
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Request |
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| 1413 |
Filed: 11/2/2007, Entered: None |
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|
COPY of ORDER TO SHOW CAUSE: MARK S. GLAZER, shall SHOW CAUSE in writing by 11/16/2007 why his case(s) should not be dismissed or for sanctions against the attorney, including suspension of the right to practice in this court for failure to comply with an order of the court. Signed by Judge Jennifer B Coffman. (STB)cc: COR (Entered: 11/02/2007)
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Request |
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| 1412 |
Filed: 10/3/2007, Entered: None |
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|
COPY of ORDER: HOWARD B. ROCKMAN, shall become an ECF registered filing user within 60 days on or before 12/3/2007. The attorney shall advise the Clerk of Court of steps taken to become registered as an ECF filing user within time allowed. Failure to initiate immediate steps to become registered may result in the issuance of Show Cause Orders and/or orders to terminate the attorney's right to practice before this Court. Signed by Judge Joseph M. Hood. (STB)cc: COR (Entered: 10/03/2007)
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Request |
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| 1411 |
Filed: 9/4/2007, Entered: None |
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COPY of ORDER: MARK S. GLAZER, shall become an ECF registered filing user within 60 days on or before 10/31/2007. The attorney shall advise the Clerk of Court of steps taken to become registered as an ECF filing user within time allowed. Failure to initiate immediate steps to become registered may result in the issuance of Show Cause Orders and/or orders to terminate the attorney's right to practice before this Court. Signed by Judge Joseph M. Hood. (STB)cc: COR (Entered: 09/04/2007)
|
|
Request |
|
|
|
| 1410 |
Filed: 8/29/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. New Authority Regarding Standards for Willful Patent Infringement (Attachments: # 1 Seagate Technology Case)(Webster, Mickey) (Entered: 08/29/2007)
|
|
Request |
|
|
|
| 1409 |
Filed: 8/23/2007, Entered: None |
|
|
REPORT on the filing or determination of an action regarding a copyright. cc: form mailed to Copyright Register. (Attachments: # 1 Lexmark's First Amended Answer & Counterclaims)(JMW) (Entered: 08/23/2007)
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|
Request |
|
|
|
| 1408 |
Filed: 8/10/2007, Entered: None |
|
|
REPLY to 1384 renewed JMOLs for estoppel, laches, and statute of limitations filed by Lexmark International, Inc.. (Krashin, Michael) (Entered: 08/10/2007)
|
|
Request |
|
|
|
| 1407 |
Filed: 8/9/2007, Entered: None |
|
|
REPLY to 1383 renewed JMOLs for direct infringe., induc. infringe., and exhaust. filed by Lexmark International, Inc.. (Krashin, Michael) (Entered: 08/09/2007)
|
|
Request |
|
|
|
| 1406 |
Filed: 8/6/2007, Entered: None |
|
|
CERTIFIED MAIL RECEIPT to Steven Loy re 1394 Order to return Lexmark's toner cartridge exhibit to Lexmark's local counsel, Steven Loy. (JMW) (Entered: 08/06/2007)
|
|
Request |
|
|
|
| 1405 |
Filed: 8/3/2007, Entered: None |
|
|
RECEIPT re 1404 Order: Sealed Transcripts of Aldo Deluca and Sagie Shanun released to authorized representative of Wyatt, Tarrant & Combs, Hillary Dabney for delivery to W. Craig Robertson, III, counsel of record for Static Control in this matter. (Attachments: # 1 Letter from W. Craig Robertson, III dated 8/3/07)(JMW) (Entered: 08/03/2007)
|
|
Request |
|
|
|
| 1404 |
Filed: 8/3/2007, Entered: None |
|
|
ORDER re 1401 MOTION for Order to Obtain Copies of Sealed Transcripts by Static Control Components, Inc. (1) said motion is GRANTED; (2) Clerk shall deliver to W. Craig Robertson, III, counsel of record for Static Control, the transcripts of the Aldo Deluca and Sagie Shanun video depositions that were played to the jury in this matter as indicated on pages 36-37 of the 5/29/07 trial transcript 1235 , which deposition transcripts were filed in the record under seal 1234 ; (3) Static Control shall bear any costs associated with such services performed by the Clerk's Office; and (4) said transcripts shall be treated in accordance with the Court's Protective Order at Record No. 1153 . Signed by Judge Gregory F. Van Tatenhove. JMWcc: COR (Entered: 08/03/2007)
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|
Request |
|
|
|
| 1403 |
Filed: 8/2/2007, Entered: None |
|
|
REPLY BRIEF to 1381 in Support of Renewed Motion for Judgment Re Patent Misuse filed by Lexmark International, Inc.. (Haulsee, Hada) (Entered: 08/02/2007)
|
|
Request |
|
|
|
| 1402 |
Filed: 8/2/2007, Entered: None |
|
|
REPLY to 1385 Motion that the Court Should Not Rule on SCC's Affirmative Equit. Defs. filed by Lexmark International, Inc.. (Krashin, Michael) (Entered: 08/02/2007)
|
|
Request |
|
|
|
| 1401 |
Filed: 8/2/2007, Entered: None, Terminated: 8/3/2007 |
|
|
MOTION for Order by Static Control Components, Inc. to obtain copies of sealed transcripts of depositions of DeLuca and Shanun (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 08/02/2007)
|
|
Request |
|
|
|
| 1400 |
Filed: 8/2/2007, Entered: None |
|
|
ORDER re 1358 MOTION for Judgment as a Matter of Law on Lexmark's "Good Faith" Defense Patent Misuse by Static Control Components, Inc. (1) said motion is DENIED as MOOT. In the Motion, Static Control states that is "file[d] this Motion in case the Court determines that the jury should be charged with instructions on a 'Good Faith' defense to patent misuse." The Court gave no such instruction. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 08/02/2007)
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|
Request |
|
|
|
| 1399 |
Filed: 8/1/2007, Entered: None |
|
|
RECEIPT re 1397 Order: Sealed Transcripts of Aldo Deluca and Sagie Shanun released to authorized representative of Stoll Keenon Ogden, Patrick Rouse for delivery to Steven B. Loy, counsel of record for Lexmark in this matter. (Attachments: # 1 Letter from Steven B. Loy dated 8/1/07)(JMW) (Entered: 08/01/2007)
|
|
Request |
|
|
|
| 1398 |
Filed: 8/1/2007, Entered: None |
|
|
NOTICE OF ERROR Re: PDF DOCUMENT: Error: INCOMPLETE document attached to docket entry by docket clerk; Judge's electronic signature was not yet attached to Order re 1397 Order; Document is attached to this entry containing electronic signature of Judge Van Tatenhove. cc: COR (JMW) (Entered: 08/01/2007)
|
|
Request |
|
|
|
| 1397 |
Filed: 7/31/2007, Entered: None |
|
|
ORDER re 1374 MOTION for Order to Obtain Copies of Sealed Transcripts of Depositions of DeLuca & Shanun by Lexmark International, Inc. (1) said motion is GRANTED; (2) Clerk shall deliver to Steven B. Loy, counsel of record for Lexmark, the transcripts of the Aldo Deluca and Sagie Shanun video depositions that were played to the jury in this matter as indicated on pages 36-37 of the 5/29/07 trial transcript 1235 , which deposition transcripts were filed in the record under seal 1234 ; (3) Lexmark shall bear any costs associated with such services performed by the Clerk's Office; and (4) said transcripts shall be treated in accordance with the Court's Protective Order at Record No. 1153 . Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR Additional attachment(s) added on 8/1/2007 (Wells, J. Michelle). (Entered: 08/01/2007)
|
|
Request |
|
|
|
| 1396 |
Filed: 7/31/2007, Entered: None |
|
|
ORDER re 1386 MOTION to Withdraw Attorney Adrian M. Mendiondo as Attorney of Record filed by Lexmark International, Inc. (1) the Court GRANTS said motion and ORDERS that Adrian M. Mendiondo is permitted to withdraw as attorney of record for Lexmark International, Inc. in this matter; and (2) the Clerk is further ORDERED to remove Mr. Mendiondo from the distribution list for notices and orders in this case. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 08/01/2007)
|
|
Request |
|
|
|
| 1395 |
Filed: 7/31/2007, Entered: None |
|
|
NOTICE OF MANDATORY ECF DIRECTED TO Mark S. Glazer & Howard B. Rockman, non-registered attorneys re 1394 Order, which had to be MAILED TO non-registered attorneys, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (JMW) (Entered: 07/31/2007)
|
|
Request |
|
|
|
| 1394 |
Filed: 7/31/2007, Entered: None |
|
|
ORDER (1) the Clerk is DIRECTED to return Lexmark's demonstrative exhibit (Lexmark toner cartridge) to Lexmark's local counsel, Steven B. Loy, at his address of record; and (2) the Clerk is FURTHER DIRECTED to file as an attachment to this Order the letter dated 12/18/06, sent from Lexmark to the undersigned's chambers. Signed by Judge Gregory F. Van Tatenhove. (Attachments: # 1 Letter to Judge Van Tatenhove dated 12/18/06)(JMW)cc: COR (Entered: 07/31/2007)
|
|
Request |
|
|
|
| 1393 |
Filed: 7/27/2007, Entered: None |
|
|
RESPONSE in Opposition re 1381 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.Regarding Patent Misuse filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 07/27/2007)
|
|
Request |
|
|
|
| 1392 |
Filed: 7/27/2007, Entered: None |
|
|
RESPONSE in Opposition re 1384 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.Regarding Renewed JMOL: Estoppel and Laches Defs. & Statute of Limits. filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 07/27/2007)
|
|
Request |
|
|
|
| 1391 |
Filed: 7/27/2007, Entered: None |
|
|
RESPONSE in Opposition re 1383 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.Regarding Renewed JMOL: Direct Infringe., Induc. Infringe. & Exhaustion filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 07/27/2007)
|
|
Request |
|
|
|
| 1390 |
Filed: 7/27/2007, Entered: None |
|
|
RESPONSE in Opposition re 1385 MOTION That the Court should not rule on SCC's Affirmative Equitable Defenses because such defenses are moot by Lexmark International, Inc. filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 07/27/2007)
|
|
Request |
|
|
|
| 1389 |
Filed: 7/26/2007, Entered: None |
|
|
Proposed Findings of Fact and Conclusions of Law by Lexmark International, Inc. (Haulsee, Hada) Modified text on 7/27/2007 (Wells, J. Michelle). (Entered: 07/26/2007)
|
|
Request |
|
|
|
| 1388 |
Filed: 7/26/2007, Entered: None |
|
|
Proposed Findings of Fact and Conclusions of Law on all Equitable Issues by Static Control Components, Inc. (Robertson, W.) Modified text on 7/27/2007 (Wells, J. Michelle). (Entered: 07/26/2007)
|
|
Request |
|
|
|
| 1387 |
Filed: 7/26/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. Agreed Findings of Fact (Haulsee, Hada) (Entered: 07/26/2007)
|
|
Request |
|
|
|
| 1386 |
Filed: 7/25/2007, Entered: None |
|
|
MOTION to Withdraw as Attorney by Lexmark International, Inc. of Adrian M. Mendiondo as Attorney of Record (Attachments: # 1 Exhibit A - Consent of Lexmark International, Inc.# 2 Proposed Order)(Ingram, Hanly) (Entered: 07/25/2007)
|
|
Request |
|
|
|
| 1385 |
Filed: 7/9/2007, Entered: None |
|
|
MOTION That the Court should not rule on SCC's Affirmative Equitable Defenses because such defenses are moot by Lexmark International, Inc. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Krashin, Michael) (Entered: 07/09/2007)
|
|
Request |
|
|
|
| 1384 |
Filed: 7/9/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memo for Renewed JMOL: Estoppel and Laches Defs. & Statute of Limits. (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 07/09/2007)
|
|
Request |
|
|
|
| 1383 |
Filed: 7/9/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memo for Renewed JMOL: Direct Infringe., Induc. Infringe. & Exhaustion (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 07/09/2007)
|
|
Request |
|
|
|
| 1382 |
Filed: 7/9/2007, Entered: None |
|
|
JOINT REPORT Joint Report Regarding Procedure for Entry of Judgment by Lexmark International, Inc., Static Control Components, Inc. (Loy, Steven) Modified text on 7/10/2007 (Wells, J. Michelle). (Entered: 07/09/2007)
|
|
Request |
|
|
|
| 1381 |
Filed: 7/9/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. (Combined Renewed Motions Regarding Patent Misuse) (Attachments: # 1 Proposed Order)(Haulsee, Hada) (Entered: 07/09/2007)
|
|
Request |
|
|
|
| 1380 |
Filed: 7/4/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: Trial held on June 22, 2007 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (STB) (Entered: 07/06/2007)
|
|
Request |
|
|
|
| 1379 |
Filed: 7/4/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: Trial held on June 21, 2007 (Part B) before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (STB) (Entered: 07/06/2007)
|
|
Request |
|
|
|
| 1378 |
Filed: 7/4/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: Trial held on June 21, 2007 (Part A) before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (STB) (Entered: 07/06/2007)
|
|
Request |
|
|
|
| 1377 |
Filed: 7/4/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: Trial held on June 20, 2007 (Part B) before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (STB) (Entered: 07/06/2007)
|
|
Request |
|
|
|
| 1376 |
Filed: 7/4/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: Trial held on June 20, 2007 (Part A) before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (STB) (Entered: 07/06/2007)
|
|
Request |
|
|
|
| 1375 |
Filed: 7/4/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: Trial held on 6/19/2007 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (STB) (Entered: 07/06/2007)
|
|
Request |
|
|
|
| 1374 |
Filed: 7/5/2007, Entered: None, Terminated: 7/31/2007 |
|
|
MOTION for Order by Lexmark International, Inc. to Obtain Copies of Sealed Transcripts of Depositions of DeLuca & Shanun (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 07/05/2007)
|
|
Request |
|
|
|
| 1373 |
Filed: 6/26/2007, Entered: None |
|
|
NOTICE OF MANDATORY ECF DIRECTED TO Mark S. Glazer, a non-registered attorney re 1372 Post Trial Scheduling Order, which had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (JMW) (Entered: 06/26/2007)
|
|
Request |
|
|
|
| 1372 |
Filed: 6/26/2007, Entered: None |
|
|
POST TRIAL SCHEDULING ORDER (1) each party shall file "Proposed Findings of Facts and Conclusions of Law", which shall include those findings of facts and conclusions of law that are necessary to a final determination on all equitable issues in this matter; (2) each party's "Proposed Findings of Facts and Conclusions of Law" shall not exceed thirty (30) pages in length; (3) each party may only file ONE (1) "Proposed Findings of Facts and Conclusions of Law"; (4) parties shall also submit a joint list of those findings of facts and conclusions of law to which they agree and that this list shall address ONLY those findings and conclusions to which the parties agree and otherwise no objections or responses to the other party's "Proposed Findings of Facts and Conclusions of Law" shall be necessary or permitted; (5) the "Proposed Findings of Facts and Conclusions of Law" and the joint list shall be due no more than THIRTY DAYS (30) from the date of entry of this Order; and (6) this Order does not alter any additional time requirements set forth for the filing of post-trial motions under the Federal Rules of Civil Procedure. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 06/26/2007)
|
|
Request |
|
|
|
| 1371 |
Filed: 6/25/2007, Entered: None |
|
|
NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCOMPLETE document attached to docket entry by docket clerk; clerk failed to attach pdf image re 1367 Jury Notes; Correct document attached to this entry. cc: COR (CBD) (Entered: 06/25/2007)
|
|
Request |
|
|
|
| 1370 |
Filed: 6/25/2007, Entered: None |
|
|
Exhibit and Witness List for Jury Trial. (CBD) (Entered: 06/25/2007)
|
|
Request |
|
|
|
| 1369 |
Filed: 6/25/2007, Entered: None |
|
|
Jury Seating Arrangement. (CBD) (Entered: 06/25/2007)
|
|
Request |
|
|
|
| 1368 |
Filed: 6/22/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL completed on 6/22/2007, before Judge Gregory F. Van Tatenhove: Jury returned for further deliberations. Remainder of Static's Mtn to Exclude Evidence, Argument and Jury Instructions re "good faith" patent misuse rebutttal 1351 which Court had taken under advisement is DENIED AS MOOT. Any further briefing or filings requested of parties by the Court will be addressed by subsequent Order. Jury retires to deliberate at 9:35 am. Jury returns at 3:45 pm. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR Modified file date on 6/25/2007 (Dearborn, Christy). (Entered: 06/25/2007)
|
|
Request |
|
|
|
| 1367 |
Filed: 6/25/2007, Entered: None |
|
|
Jury Note. (CBD) Additional attachment(s) added on 6/25/2007 (Dearborn, Christy). (Entered: 06/25/2007)
|
|
Request |
|
|
|
| 1366 |
Filed: 6/22/2007, Entered: None |
|
|
SPECIAL VERDICT FORM. (CBD) (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1365 |
Filed: 6/22/2007, Entered: None |
|
|
Jury Instructions. (CBD) (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1364 |
Filed: 6/22/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/21/2007 before Judge Gregory F. Van Tatenhove : Jury Charge Conf resumed and concluded. Jury retires to deliberate at 7:05 pm. Jury returns at 10:30 pm. Cont to 6/22/2007 at 9:30 am for further jury deliberation. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1363 |
Filed: 6/22/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. (Attachments: # 1 Certificate of Service for DE 1315 )(Hicks, Jason) (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1362 |
Filed: 6/22/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/20/2007, before Judge Gregory F. Van Tatenhove : For reasons stated on record, Lexmark's Motion for Jgm as Matter of Law that Static directly infringes Lexmark's '015 Patent 1306 is GRANTED. Lexmark's Mtn for Leave to remove certain witnesses from the Final Witness List 1357 GRANTED. Pursuant to parties agreement, parties directed to take photos of their printer cartridges and story board previously ent into evidence and substitute those photographs as evidence to preserve the record as it relates to those exhibits. Parties further directed to maintain their respective exhibits until conclusion of all appeals, should there by any. Lexmark's Mtns in Limine to exclude the survey evidence of Philliip Johnson 800 and to exclude reference to content of the Prel. Inj. Opinions 896 and Mtn to Quash Trial Subpoenas served upon Vincent J. Cole 1184 are DENIED AS MOOT. Lexmark's Mtn for Jgm as Matter of Law on Static's alleged "Fraud" defense 1299 GRANTED. Pursuant to Rule 52, Lexmark's Mtn for Jgm as Matter of Law re: Laches and Estoppel 1308 is DENIED. Lexmark's Mtns for Jgm as Matter of Law on Static's misuse of defense re Lexmark re-manufactured cartridges 1321 and for Static's misuse defense re: new non-prebate bartridges/IBM Green Program Cartridges 1322 are DENIED. Lexmark's Mtn for Jgm as Matter of Law on Static's misuse defense re: Lexmark "Ship with Equipment" cartridges 1325 is GRANTED. Static's Mtn for Jgm as Matter of Law on "Good Faith" defense to patent misuse 1324 is DENIED. Static's Mtn for Jgm as Matter of Law on Static's misuse defense for failure to prove Relevant Mark/Market Power 132 is DENIED. Jury Charge Conf held but not concluded.Rebuttal evidence resumed and concluded. Cont to 6/21/2007 at 8:00 am for further trial. (CBD)cc: COR (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1361 |
Filed: 6/22/2007, Entered: None |
|
|
Proposed Corrections Jury Instructions by Lexmark International, Inc., Static Control Components, Inc. Filed per Order 1360 (CBD) (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1360 |
Filed: 6/22/2007, Entered: None |
|
|
ORDER: Clerk DIRECTED to file attached communications that parties jointly made to Court during process of finalizing jury instructions. Signed by Judge Gregory F. Van Tatenhove. (Attachments: # 1 Joint Proposed Corrections to Jury Instructions)(CBD)cc: COR (Entered: 06/22/2007)
|
|
Request |
|
|
|
| 1359 |
Filed: 6/21/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/19/2007, before Judge Gregory F. Van Tatenhove: Lexmark's Mtn for Jgm as a Matter of Law re Statute of Limitations 1297 is GRANTED IN PART AND DENIED IN PART, as set forth in the record. For reasons stated on the record, Static Control Components Mtn for Summary Jgm 1251 and Mtns to Amend Pleadings to add Fraud Claim and Reinstate Counterclaims 1317 an d 1318 are DENIED. Static Control Components Mtn to Exclude evidence, Argument & Jury Instruction re "good Faith" patent misuse rebuttal 1351 is DENIED IN PART and TAKEN UNDER ADVISEMENT in part. Mtn is denied to extent that Lexmark may present evidence in its rebuttal case re good faith. Intro of evidence for dft resumed and concluded. Rebuttal evidence began but not concluded. Cont to 6/20/2007 @ 8:30 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/21/2007)
|
|
Request |
|
|
|
| 1358 |
Filed: 6/20/2007, Entered: None, Terminated: 8/2/2007 |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. re Lexmark "Good Faith" Defense to Patent Misuse (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/20/2007)
|
|
Request |
|
|
|
| 1357 |
Filed: 6/19/2007, Entered: None |
|
|
MOTION for Leave by Lexmark International, Inc. to Remove Certain Witnesses from Final Witness List (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 06/19/2007)
|
|
Request |
|
|
|
| 1356 |
Filed: 6/19/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 06/18/2007, before Gregory F. Van Tatenhove: Except as otherwise advised in open court w/ respect to cross exam of Dr. Vistnes, Lexmark's Mtn 1344 to Exclude the testimony of Dr. Vistnes in light of his depo testimony is DENIED. Lexmark's Mtn 1300 for Jgm as a Matter of Law as it relates to claims not barred by the statute of frauds is GRANTED. Lexmark's Mtn 1307 for Jgm as a Matter of Law as it relates to Static Control Component's defense of exhaustion is DENIED. Lexmark's Mtn for Jgm as Matter of Law 1297 re Statute of Limitations is TAKEN UNDER ADVISEMENT. Lexmark's Mtn for Jgm as Matter of Law 1298 re Direct Infringement is DENIED. Lexmark's Mtns for Jgm as Matter of Law 1303 1304 1305 are GRANTED. Court finds Static Control Components has not introduced evidence on its affirmative defenses that Lexmark's patents in suit are invalid under 35 U.S.C. 102, 103 and 112. With respect to US Patent No. 6, 397, 015, it is ORDERED that this patent is not invalid. Lexmark's Mtn for Jgm as Matter of Law that Statis Control Components directly infringes '015 Patent 1306 is TAKEN UNDER ADVISEMENT. Lexmark's Mtn for Jgm as Matter of Law re Inducing Infringement 1301 is DENIED. Static Control Component's Mtn for Leave to Amend the pleadings to add Fraud Claim and Reinstate Countreclaims 1317 1318 and Lexmark's mtn for Jgm as Matter of Law 1299 are TAKEN UNDER ADVISEMENT. Lexmark's Mtn for Jgm as Matter of Law re Laches and Estoppel defenses 1308 is TAKEN UNDER ADVISEMENT. Lexmark's Mtn for Jgm as Matter of Law re Static Control Component's alleged affirmative defenses Antitrust, Illegality & Unclean Hands 1320 is GRANTED. Static Control Component's Mtn for Sum Jgm 1251 is TAKEN UNDER ADVISEMENT. Lexmark's Mtn for Jgm as Matter of Law 1302 that there is no Failure of Consideration is GRANTED. Intro of evidence for dft resumed but not concluded. Cont to June 19, 2007 at 8:30 for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/19/2007)
|
|
Request |
|
|
|
| 1355 |
Filed: 6/19/2007, Entered: None |
|
|
RESPONSE in Opposition re 1351 MOTION to Exclude by Static Control Components, Inc.Evidence, Argument, & Jury Instruct. re Good Faith Rebuttal to Pat. Misuse filed by Lexmark International, Inc.. (Attachments: # 1 Proposed Order)(Hicks, Jason) (Entered: 06/19/2007)
|
|
Request |
|
|
|
| 1354 |
Filed: 6/19/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/18/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/19/2007)
|
|
Request |
|
|
|
| 1353 |
Filed: 6/19/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. of Its Resp. to SCC's Cont. that the Jury Should Decide Equitable Issues (Krashin, Michael) (Entered: 06/19/2007)
|
|
Request |
|
|
|
| 1352 |
Filed: 6/18/2007, Entered: None |
|
|
ORDER: Objections to the deposition testimony designated for use during rebuttal testimony: 1. Deposition of Gruebela. Page 192, Line15 - Page 195, Line 15 - Overruled.b. Page 220, Line 22 - Page 221, Line 15 - Overruled.c. Page 221, Line 16 - Page 222, Line 7 - Overruled.2. Deposition of Mizrahiea. Page 59, Line 22 - Page 60, Line 8 - Overruled.b. Page 75, Line 16 - Page 76, Line 12 - Overruled.3. Deposition of Rycusa. Page 27, Lines 5 - 8 - Overruled.b. Page 27, Lines 16 - 18 - Overruled.c. Page 27, Line 21 - Page 32, Line 15 - Overruled.d. Page 104, Lines 1 - 11 - Overruled.e. Page 105, Lines 18 - 23 - Overruled.f. Page 106, Lines 5 - 23 - Overruled.g. Page 106, Line 24 - Page 107, Line 7 - Overruled.h. Page 125, Line 21 - Page 126, Line 10 - Overruled.i. Page 127, Line 5 - Page 128, Line 4 - Overruled.j. Page 129, Line 21 - Page 130, Line 1 - Overruled.k. Page 131, Line 5 - Page 131, Line 19 - Overruled.l. Page 131, Line 20 - Page 133, Line 5 - Overruled.4. Deposition of Shanuna. Page 58, Line 24 - Page 59, Line 14 - Overruled.5. Deposition of Vogelsang, 06/15/2006a. Page 95, Line 25 - Page 96, Line 6 - Overruled.b. Page 141, Lines 12 - 14 - Overruled.c. Page 164, Line 15 - Page 165, Line 4 - Overruled.d. Page 169, Lines 22 - 25 - Overruled.e. Page 170, Lines 3 - 15 - Overruled.f. Page 175, Lines 6 - 13 - Overruled.g. Page 175, Line 15 - Page 176, Line 5 - Overruled.h. Page 176, Lines 7 - 11 - Overruled.i. Page 178, Lines 4 - 6 - Overruled.j. Page 178, Lines 18 - 19 - Overruled.k. Page 259, Lines 5 - 7 - Overruled.l. Page 263, Lines 18 - 21 - Overruled.m. Page 263, Line 22 - Page 264, Line 2 - Overruled.6. Deposition of Vogelsang, 10/03/2006a. Page 25, Lines 1 -19 - Overruled.b. Page 25, Line 22 - Page 26, Line 1 - Overruled.7. Deposition of Yoel Wazanaa. Page 49, Line 13 - Page 50, Line 4 - Overruled.b. Page 56, Line 9 - Page 59, Line 11 - Overruled.8. Deposition of Obuchowskia. Page 9, Line 24 - Page 10, Line 3 - Overruled.b. Page 20, Line 25 - Page 21, Line 2 - Overruled.9. Deposition of Pendla. Page 113, Line 23 - Page 114, Line 2 - Overruled.10. Deposition of Avi Wazanaa. Page 162, Lines 8 - 11 - Overruled.b. Page 194, Line 22 - Page 195, Line 2 - Overruled.c. Page 263, Line 25 - Page 264, Line 11 - Overruled.11. Deposition of Weltona. Page 78, Lines 3 - 24 - Overruled.12. Deposition of Goldena. Page 154, Line 23 - Page 155, Line 4 - Sustained.b. Page 155, Lines 16 - 18 - Overruled.c. Page 157, Line 24 - Page 159, Line 14 - Overruled. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Note: Copies to Mark Glazer & Howard Rockman via US Mail) (Entered: 06/18/2007)
|
|
Request |
|
|
|
| 1351 |
Filed: 6/18/2007, Entered: None |
|
|
MOTION to Exclude by Static Control Components, Inc. Evidence, Argument & Jury Instruct. re "good faith" patent misuse rebuttal (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/18/2007)
|
|
Request |
|
|
|
| 1350 |
Filed: 6/18/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. of Consolidated Run Time Reports (Attachments: # 1 Exhibit A - Run Time Report for James Gruebel# 2 Exhibit B - Run Time Report for Oren Mizrahie# 3 Exhibit C - Run Time Report for Paul Rycus# 4 Exhibit D - Run Time Report for Sagie Shanun# 5 Exhibit E - Run Time Report for Jeffrey Vogelsang# 6 Exhibit F - Run Time Report for Yoel Wazana# 7 Exhibit G - Run Time Report for Lisa Obuchowski# 8 Exhibit H - Run Time Report for Gary Pendl# 9 Exhibit I - Run Time Report for Avi Wazana# 10 Exhibit J - Run Time Report for Mike Welton# 11 Exhibit K - Run Time Report for Chad Golden# 12 Exhibit L - Parties' Objections)(Krashin, Michael) (Entered: 06/18/2007)
|
|
Request |
|
|
|
| 1349 |
Filed: 6/18/2007, Entered: None |
|
|
NOTICE OF MANDATORY ECF DIRECTED TO Mark S. Glazer and Howard B. Rockman, non-registered attorneys re 1348 Order on Motion for Sanctions had to be MAILED TO non-registered attorneys, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (CBD) (Entered: 06/18/2007)
|
|
Request |
|
|
|
| 1348 |
Filed: 6/18/2007, Entered: None |
|
|
ORDER: Lexmark's Motion 891 for Sanctions Under Rule 37(b) and for Finding of Civil Contempt against Static Control Components, Inc. is DENIED. Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR (Entered: 06/18/2007)
|
|
Request |
|
|
|
| 1347 |
Filed: 6/17/2007, Entered: None |
|
|
RESPONSE to 1318 SCC's Motion To Amend Under Rule 15(b) filed by Lexmark International, Inc.. (Hicks, Jason) (Entered: 06/17/2007)
|
|
Request |
|
|
|
| 1346 |
Filed: 6/17/2007, Entered: None |
|
|
RESPONSE in Opposition re 1317 MOTION for Leave by Static Control Components, Inc.Under Fed. R. Civ. P. 15(b) to Amend the Pleadings to Add Fraud Claim filed by Lexmark International, Inc.. (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 06/17/2007)
|
|
Request |
|
|
|
| 1345 |
Filed: 6/17/2007, Entered: None |
|
|
RESPONSE to 1324 SCC's Motion For Judgment As A Matter Of Law Re Its Patent Misuse Defense filed by Lexmark International, Inc.. (Hicks, Jason) (Entered: 06/17/2007)
|
|
Request |
|
|
|
| 1344 |
Filed: 6/17/2007, Entered: None |
|
|
MOTION to Exclude by Lexmark International, Inc. The Testimony Of Vistnes In Light Of His Deposition Testimony (Attachments: # 1 Index of Restricted Exhibits # 2 Proposed Order)(Hicks, Jason) Modified on 6/18/2007 to indicate sealed exhibits are maintained on paper under seal in the Clerk's Office. (Wells, J. Michelle). (Entered: 06/17/2007)
|
|
Request |
|
|
|
| 1343 |
Filed: 6/16/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. Supplemental List of Exhibits To Be Used Week of June 18 (Hicks, Jason) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1342 |
Filed: 6/16/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. of Dep. Designations for Curtis-Young Pursuant to Section II.D of the P.O. (Krashin, Michael) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1341 |
Filed: 6/16/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. re 1338 Response in Opposition to Motion, of Exhibit A (Attachments: # 1 Exhibit A - Exhibits and Testimony related to prebate terms and conditions)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1340 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1298 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Direct Infringement filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1339 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1321 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Misuse Defense re Lexmark's Remanufactured Cartridges filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1338 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1322 MOTION for Judgment as a Matter of Law by Lexmark International, Inc., 1325 MOTION for Judgment as a Matter of Law by Lexmark International, Inc. Re: Misuse for Non-Prebate Cartridges and Ship With Equipment Cartridges filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Gold, Sharon) Additional attachment(s) added on 6/18/2007 (Wells, J. Michelle). (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1337 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1307 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re SCC Defense of Exhaustion filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1336 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1323 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Misuse Defense re New Non-Prebate/IBM Green filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1335 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1320 MOTION for Judgment as a Matter of Law by Lexmark International, Inc. Re: SCC's Alleged Affirmative Defenses of Antitrust, Illegality & Unclean Hands filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Gold, Sharon) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1334 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1301 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Inducement filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1333 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1299 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.Re: Static Control's Fraud Defense filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Gold, Sharon) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1332 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1308 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Laches and Estoppel filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1331 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1306 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Direct Infringement of '015 Patent filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1330 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE in Opposition re 1297 MOTION for Judgment as a Matter of Law by Lexmark International, Inc.re Statute of Limitations filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1329 |
Filed: 6/16/2007, Entered: None |
|
|
RESPONSE to 1302 Lexmark Motion re Defense of Failure of Consideration filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/16/2007)
|
|
Request |
|
|
|
| 1328 |
Filed: 6/15/2007, Entered: None |
|
|
RESPONSE in Opposition re 1304 MOTION for Judgment as a Matter of Law by Lexmark International, Inc., 1303 MOTION for Judgment as a Matter of Law by Lexmark International, Inc., 1305 MOTION for Judgment as a Matter of Law by Lexmark International, Inc. filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1327 |
Filed: 6/15/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. List of Witnesses and Exhibits for Week of June 18, 2007 (Webster, Mickey) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1326 |
Filed: 6/15/2007, Entered: None |
|
|
RESPONSE in Opposition re 1300 MOTION for Judgment as a Matter of Law by Lexmark International, Inc. filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1325 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. On SCC's Misuse Defense Regarding Lexmark "Ship With Equipment" Cartridges (Attachments: # 1 Proposed Order)(Hicks, Jason) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1324 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. Regarding Its Patent Misuse Defense (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1323 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. On SCC's Misuse Defense For Failure To Prove Relevant Market/Market Power (Attachments: # 1 Proposed Order)(Hicks, Jason) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1322 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. SCC's Misuse Defense Re New Non-Prebate Cartridges/IBM Green Program Cart. (Attachments: # 1 Exhibit A - Lexmark Non-Prebate Cartridge Labels# 2 Proposed Order)(Loy, Steven) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1321 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. on SCC's Misuse Defense Regarding Lexmark Remanufactured Cartridges (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 1320 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. SCC's Alleged Affirmative Defenses of Antitrust, Illegality & Unclean Hands (Attachments: # 1 Proposed Order)(Loy, Steven) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1319 |
Filed: 6/15/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. re 1317 MOTION for Leave by Static Control Components, Inc. Proposed Order (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1318 |
Filed: 6/15/2007, Entered: None |
Motion to Amend/Correct |
|
MOTION to Amend/Correct by Static Control Components, Inc. Pleadings to Conform to Evidence Under FRCP 15(b) (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Exhibit A - Third Amended Answer & Counterclaim# 4 Exhibit B - Proposed Jury Instructions)(Webster, Mickey) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1317 |
Filed: 6/15/2007, Entered: None |
|
|
MOTION for Leave by Static Control Components, Inc. to Amend the Pleadings to Add Fraud Claim and Memorandum in Support Thereof (Attachments: # 1 Exhibit A - Proposed Final Jury Instructions on Fraud)(Webster, Mickey) Additional attachment(s) added on 6/18/2007 (Wells, J. Michelle). (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1316 |
Filed: 6/15/2007, Entered: None |
|
|
Proposed Jury Instructions by Static Control Components, Inc.. (Robertson, W.) (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1315 |
Filed: 6/15/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. Lexmark's Proposed Patent Misuse Final Jury Instructions For Phase 1 (Hicks, Jason) Additional attachment(s) added on 6/25/2007 (Wells, J. Michelle). (Entered: 06/15/2007)
|
|
Request |
|
|
|
| 1314 |
Filed: 6/14/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. List Of Witnesses and Exhibits For Week Of June 18, 2007 (Hicks, Jason) (Entered: 06/14/2007)
|
|
Request |
|
|
|
| 1313 |
Filed: 6/14/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/13/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/14/2007)
|
|
Request |
|
|
|
| 1312 |
Filed: 6/13/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. Of Mem. Of Law That Was Presented To The Court On June 13, 2007 (Attachments: # 1 Exhibit Memorandum of Law# 2 Exhibit Demonstratives)(Hicks, Jason) (Entered: 06/13/2007)
|
|
Request |
|
|
|
| 1311 |
Filed: 6/13/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/13/2007 before Judge Gregory F. Van Tatenhove: Intro of evidence for dft resumed but not concluded. Cont to 6/18/2007 for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/13/2007)
|
|
Request |
|
|
|
| 1310 |
Filed: 6/13/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/12/2007, before Judge Gregory F. Van Tatenhove : Statis Control's Motion 1290 for Leave to Remove Certain Witnesses from the Final Witness List is GRANTED. Intro of evidence for dft resumed but not concluded. Cont to 6/13/2007 for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/13/2007)
|
|
Request |
|
|
|
| 1309 |
Filed: 6/13/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/12/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/13/2007)
|
|
Request |
|
|
|
| 1308 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: laches and estoppel defs. (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1307 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: SCC's defense of exhaustion (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1306 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: SCC Directly Infringes '015 (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1305 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: '015 Patent is Not Invalid (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1304 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: '015 Pat is Not Anticipated (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1303 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: '015 Patent is Not Obvious (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1302 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. & Memorandum for Judgment as a Matter of Law: No Failure of Consideration (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1301 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: Inducing Infringement (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1300 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. Lexmark's Claims are Not Barred by the Statute of Frauds (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1299 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. on Static Control's Alleged "Fraud" Defense & Memorandum of Law in Support (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1298 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: Direct Infringement (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1297 |
Filed: 6/12/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Lexmark International, Inc. and Memorandum for Judgment as a Matter of Law: Statute of Limitations (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1296 |
Filed: 6/12/2007, Entered: None |
|
|
REPLY to 1251 Motion for Summary Judgment re Lexmark Bad Faith Patent Enforcement filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1295 |
Filed: 6/12/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/11/2007 before Judge Gregory F. Van Tatenhove: Intro of evidence for dft resumed but not concluded. Cont to 6/12/2007 @ 9:30 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1294 |
Filed: 6/12/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/11/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1293 |
Filed: 6/12/2007, Entered: None |
|
|
RESPONSE to 1251 SCC's Motion for Summ. Judgment Re Lexmark's Bad Faith Patent Enforcement filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit Goldstein CV# 2 Exhibit Nimmer CV)(Hicks, Jason) Additional attachment(s) added on 6/12/2007 (Wells, J. Michelle). (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1292 |
Filed: 6/12/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. Final Patent Jury Instructions for Phase One of Trial (Attachments: # 1 Exhibit Jury Instructions for Phase I)(Webster, Mickey) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1291 |
Filed: 6/12/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. of Lexmark's Proposed Patent Jury Instructions for Phase 1 (Attachments: # 1 Exhibit Lexmark's Proposed Patent Jury Instructions for Phase 1# 2 Exhibit 06-11-07 E-mail from Freedman to Becker)(Becker, Matthew) (Entered: 06/12/2007)
|
|
Request |
|
|
|
| 1290 |
Filed: 6/11/2007, Entered: None |
|
|
MOTION for Leave by Static Control Components, Inc. To Remove Certain Witnesses from Final Witness List (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1289 |
Filed: 6/11/2007, Entered: None |
|
|
AFFIDAVIT OF HANLY A. INGRAM by Lexmark International, Inc.. (Attachments: # 1 Exhibit A - Dec 22, 2004 Letter# 2 Exhibit B - 12/23/2004 e-mail# 3 Exhibit C - 3/10/2006 Letter)CBD (FILED per Minute Order 1287 ) (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1288 |
Filed: 6/11/2007, Entered: None |
|
|
Jury Notes. (CBD)(FILED per Minute Order 1287 ) Modified w/ keywords on 6/11/2007 (Dearborn, Christy). (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1287 |
Filed: 6/11/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/7/2007 before Judge Gregory F. Van Tatenhove: Clerk file of record Affidavit of Hanly A. Ingram. Further Clerk file the two jury questions of record. Intro of evidence for dft resumed but not concluded. Cont to 6/11/2007 @ 8:30 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1286 |
Filed: 6/8/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/7/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1285 |
Filed: 6/8/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/6/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1284 |
Filed: 6/11/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/6/2007 before Judge Gregory F. Van Tatenhove : Intro of evidence fotr dft resumed but not concluded. Cont to 6/7/2007 @ 8:30 for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/11/2007)
|
|
Request |
|
|
|
| 1283 |
Filed: 6/8/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. of List of Exhibits Expected to Be Used During The Week of June 11, 2007 (Loy, Steven) (Entered: 06/08/2007)
|
|
Request |
|
|
|
| 1282 |
Filed: 6/8/2007, Entered: None |
|
|
ORDER: 1) remainder of Lexmark's Motion pursuant to Rule 615 of Fed. Rules of Evidence, which concerns the Rule 615 exclusion from trial testimony of Dr. Gregory Vistnes 1176 is GRANTED; and 2) SCC's Request to Permit Static Control's Expert Economist, Dr. Gregory Vistnes, to Review Trial Testimony 1280 is DENIED . Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR (Entered: 06/08/2007)
|
|
Request |
|
|
|
| 1281 |
Filed: 6/7/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. Witnesses and Exhibits for Week of June 11, 2007 (Webster, Mickey) (Entered: 06/07/2007)
|
|
Request |
|
|
|
| 1280 |
Filed: 6/6/2007, Entered: None |
|
|
MOTION for Order to Permit Static Control's Expert Economist, Dr. Gregory Vistnes, to Review Trial Testimony by Static Control Components, Inc. (Filed pursuant to QC procedure re 1278 ). (Attachments: # 1 Proposed Order # 2 Exhibit A (Part 1) - Curlander# 3 Exhibit A (Part 2) - Smith# 4 Exhibit A (Part 3) - Vogelsang# 5 Exhibit A (Part 4) - Oatway# 6 Exhibit A (Part 5) - Gruebel# 7 Exhibit A (Part 6) - Ahmed# 8 Exhibit A (Part 7) - Coffey# 9 Exhibit A (Part 8) - Wazana)(JMW) (Entered: 06/07/2007)
|
|
Request |
|
|
|
| 1279 |
Filed: 6/7/2007, Entered: None |
|
|
REPLY to Response to Motion re 1176 MOTION Pursuant to Rule 615 of the Federal Rules of Evidence by Lexmark International, Inc. filed by Lexmark International, Inc.. (Hicks, Jason) (Entered: 06/07/2007)
|
|
Request |
|
|
|
| 1278 |
Filed: 6/6/2007, Entered: None |
|
|
RESPONSE in Opposition re 1176 MOTION Pursuant to Rule 615 of the Federal Rules of Evidence by Lexmark International, Inc.re Sequester of Vistnes and Request for Vistnes to Review Trial Testimony filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit A (Part 1) - Curlander# 3 Exhibit A (Part 2) - Smith# 4 Exhibit A (Part 3) - Vogelsang# 5 Exhibit A (Part 4) - Oatway# 6 Exhibit A (Part 5) - Gruebel# 7 Exhibit A (Part 6) - Ahmed# 8 Exhibit A (Part 7) - Coffey# 9 Exhibit A (Part 8) - Wazana)(Webster, Mickey) (Entered: 06/06/2007)
|
|
Request |
|
|
|
| 1277 |
Filed: 6/6/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/5/07 before Judge Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/06/2007)
|
|
Request |
|
|
|
| 1276 |
Filed: 6/6/2007, Entered: None |
|
|
FURTHER RESPONSE to Motion 1122 for Order to Revive Lexmark's Motions in Limine 800 and 896 re Sixth Circuit Opinion by Lexmark International filed by Static Control Components, Inc. (Attachments: # 1 Declaration of William L. London) CBD (Filed per Minute Order 1275 ) Modified text adding links to revived mtns on 6/6/2007 (Dearborn, Christy). (Entered: 06/06/2007)
|
|
Request |
|
|
|
| 1275 |
Filed: 6/6/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/5/2007 before Judge Gregory F. Van Tatenhove: Clerk file Proffer of Static Control Components in further Response to Lexmark's Mtn and Memo to Revive Lexmark's Motion in Limine re Sixth Circuit Opinion that was tendered in open court today. Intro of evidence for dft resumed but not concluded. Cont to 6/6/2007 @ 8:30 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/06/2007)
|
|
Request |
|
|
|
| 1274 |
Filed: 6/5/2007, Entered: None |
|
|
TENDERED RESPONSE by Static Control Components, Inc. re 1148 Response in Opposition to Motion Static's Proffer to Lexmark's Motion to Revive MIL re Sixth Circuit Opinion (Attachments: # 1 Affidavit Declaration of William London)(Webster, Mickey) Modified text on 6/6/2007 to indicate this entry is a tendered response; The response is FILED of record at DE 1276 (Wells, J. Michelle). (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1273 |
Filed: 6/5/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: TELEPHONE CONFERENCE held on 5/4/07 before Judge Van Tatenhove. Court Reporter: Kelly Smith. (JMW) (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1272 |
Filed: 6/5/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/4/2007 before Judge Gregory F. Van Tatenhove : Intro of evidence for dft began but not concluded. Cont to 6/5/2007 at 8:30 for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1271 |
Filed: 6/5/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/1/2007, before Judge Gregory F. Van Tatenhove : Static's Mtn for Jgm that it has not actively induced infringement of four chemical patents 1246 is GRANTED. Static's Mtn for Jgm that Lexmark's first pre-bate cartridges in the US exhausts all patent rights in those cartridges 1247 is DENIED. Static's Mtn for Jgm that it has not induced infringment of the '015 Patent under the Doctrine of Equivalents 1248 is DENIED. Static's Mtn for Jgm of no direct infringment by anonymous non-party remanufacturers 1252 is DENIED. Static's Mtn for Jgm that Static has not Induced Infringement of Lexmark's Cartridges sold (1) under other OEM's brands or (2) as "Shipped with Equipment" 1253 cartridges is DENIED. Static 's Mtn for Jgm on Lexmark's Claims of Active Inducement of Infringement under 35 U.S.C. 271 1254 is DENIED. Cont. to 6/4/2007 at 8:30 for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1270 |
Filed: 6/5/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 5/31/2007, before Judge Gregory F. Van Tatenhove : Jury is instructed to return 6/4/2007 at 9:00 am. In light of Court's ruling on Lexmark's Renewed Mtn for Sum Jgm 1206 , counsel for Lexmark has advised the Court of their withdrawal for Request 1179 and Renewed Request 1214 for Judicial Notice. Therefore, these requests are DENIED AS MOOT. Dft Wazana's Mtns for Partial Sum Jgm 559 and to Clear Courtroom 1199 are both DENIED AS MOOT in light of Wazana's dismissal from case. Intro of evidence for pltf resumed and concluded. Cont to 6/1/2007 at 1:00 pm for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1269 |
Filed: 6/5/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/4/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1268 |
Filed: 6/5/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 6/5/2007 before Judge Gregory F. Van Tatenhove : Plff evidence resumed; Jury Trial continued to 5/31/2007 at 9:00 AM in Frankfort before Gregory F. Van Tatenhove. (COURT REPORTER: RHONDA SANSOM) (AKR)cc: COR (Entered: 06/05/2007)
|
|
Request |
|
|
|
| 1267 |
Filed: 6/4/2007, Entered: None |
|
|
ORDER: Howard B. Rockman's Motion for Admission Pro Hac Vice is before the Court for consideration. 1264 . Mr. Rockman having satisfied the requirements of Local Rule 83.2(a), the Motion is ORDERED GRANTED. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies to Howard Rockman & Mark Glazer via US Mail. (Entered: 06/04/2007)
|
|
Request |
|
|
|
| 1266 |
Filed: 6/4/2007, Entered: None |
|
|
ORDER: Re: objections to the deposition of Christopher Beckerdite: 1. Deposition of October 13, 2006, a. Page 47, Line 12 - Page 50, Line 3 - Overruled. b. Page 50, Line 25 - Page 51, Line 1 - Overruled. c. Page 116, Lines 12 - 22 - Overruled. d. Page 117, Lines 16 - 25 - Overruled. e. Page 118, Lines 1 - 11 - Overruled. 2. Miscellaneous a. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned depositions, those objections are overruled as moot. b. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark and/or SCC are overruled as moot in light of the parties' updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies mailed to Mark Glazer & Howard Rockman via US mail. (Entered: 06/04/2007)
|
|
Request |
|
|
|
| 1265 |
Filed: 6/4/2007, Entered: None |
|
|
PRO HAC VICE Filing fee received - Howard B. Rockman - $ 65.00, receipt number 129543 (JMW) (Entered: 06/04/2007)
|
|
Request |
|
|
|
| 1264 |
Filed: 6/4/2007, Entered: None |
|
|
MOTION for Howard B. Rockman to Appear Pro Hac Vice by Cardinal Cartridge, Inc. (Attachments: # 1 Affidavit of Howard B. Rockman# 2 Consent# 3 Notice of Filing# 4 Receipt for Fee)(JMW) (Entered: 06/04/2007)
|
|
Request |
|
|
|
| 1263 |
Filed: 6/2/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 6/1/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/04/2007)
|
|
Request |
|
|
|
| 1262 |
Filed: 6/4/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. Consolidated Deposition Designations for Beckerdite & McIntosh (Attachments: # 1 Beckerdite Run-Time Report# 2 McIntosh Run-Time Report)(Webster, Mickey) (Entered: 06/04/2007)
|
|
Request |
|
|
|
| 1261 |
Filed: 6/2/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. Of List Of Exhibits Expected To Be Used During The Week Of June 4, 2007 (Hicks, Jason) (Entered: 06/02/2007)
|
|
Request |
|
|
|
| 1260 |
Filed: 6/1/2007, Entered: None |
|
|
ORDER: Lexmark International, Inc.'s Motion to Limit the Scope of SCC's Affirmative Defenses 1208 is DENIED without prejudice. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies to Mark Glazer & Howard Rockman via US Mail (Entered: 06/01/2007)
|
|
Request |
|
|
|
| 1259 |
Filed: 6/1/2007, Entered: None |
|
|
ORDER: For the reasons set forth herein, it is hereby ORDERED that SCC's Motion for Reconsideration of the Court's Order Dismissing SCC's Claims or, In the Alternative, to Amend Its Pleading 407 is DENIED. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies to Mark Glazer and Howard Rockman via US Mail (Entered: 06/01/2007)
|
|
Request |
|
|
|
| 1258 |
Filed: 6/1/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. List of Expected Witnesses and Exhibits for Week of June 4, 2007 (Webster, Mickey) (Entered: 06/01/2007)
|
|
Request |
|
|
|
| 1257 |
Filed: 6/1/2007, Entered: None |
|
|
RESPONSE in Opposition re 1254 MOTION for Judgment as a Matter of Law by Static Control Components, Inc., 1248 MOTION for Judgment as a Matter of Law by Static Control Components, Inc., 1246 MOTION for Judgment by Static Control Components, Inc., 1247 MOTION for Judgment as a Matter of Law by Static Control Components, Inc., 1252 MOTION for Judgment as a Matter of Law by Static Control Components, Inc., 1253 MOTION for Judgment as a Matter of Law by Static Control Components, Inc. filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit A - IP Law 360 Article# 2 Proposed Order)(Ingram, Hanly) (Entered: 06/01/2007)
|
|
Request |
|
|
|
| 1256 |
Filed: 6/1/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/31/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 06/01/2007)
|
|
Request |
|
|
|
| 1255 |
Filed: 6/1/2007, Entered: None |
|
|
REPLY to Response to Motion re 1208 MOTION for Order by Lexmark International, Inc. to Limit the Scope of SCC's Affirmative Defenses SCC's Opp to Lexmark's Memo Re The Scope Of SCC's Affirmative Defenses filed by Lexmark International, Inc. (Hicks, Jason) Modified text and created link to motion on 6/1/2007 (Wells, J. Michelle). (Entered: 06/01/2007)
|
|
Request |
|
|
|
| 1254 |
Filed: 5/31/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. re Claims of Active Inducement of Infringement (Attachments: # 1 Memorandum in Support # 2 Proposed Order Cardinal Cartridge# 3 Proposed Order Curtis Young# 4 Proposed Order Laser Imaging# 5 Proposed Order Laser Print# 6 Proposed Order NER# 7 Proposed Order Pendl# 8 Proposed Order Wazana# 9 Proposed Order Toner Charge# 10 Proposed Order TTI# 11 Proposed Order West Point)(Webster, Mickey) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1253 |
Filed: 5/31/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. SCC Has Not Induced Infringement of Lexmark Cartridges re OEM or SWE (Attachments: # 1 Memorandum in Support SCC Has Not Induced Infringement# 2 Exhibit A - Trial and Exhibit Excerpts# 3 Exhibit B - Jones Dep.# 4 Exhibit C - Lang Dep# 5 Exhibit D - Smith Dep# 6 Proposed Order)(Webster, Mickey) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1252 |
Filed: 5/31/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. of No Direct Infringement by Anonymous Non-Party Remanufacturers (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Robertson, W.) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1251 |
Filed: 5/31/2007, Entered: None |
Motion for Summary Judgment |
|
MOTION for Summary Judgment by Static Control Components, Inc. regarding Lexmark's Bad Faith Patent Enforcement (Attachments: # 1 Memorandum in Support # 2 Exhibit A - Lexmark Responses to SCC Requests for Admission# 3 Proposed Order)(Robertson, W.) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1250 |
Filed: 5/31/2007, Entered: None |
|
|
REPLY to Response to Motion re 1184 MOTION to Quash by Lexmark International, Inc.Trial Subpoenas Served Upon Vincent J. Cole filed by Lexmark International, Inc.. (Ingram, Hanly) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1249 |
Filed: 5/31/2007, Entered: None |
|
|
RESPONSE in Opposition re 1208 MOTION for Order by Lexmark International, Inc.to Limit the Scope of SCC's Affirmative Defenses filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1248 |
Filed: 5/31/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. of No Infringement or Inducement of Infringement of the '015 Patent (Attachments: # 1 Proposed Order)(Robertson, W.) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1247 |
Filed: 5/31/2007, Entered: None |
|
|
MOTION for Judgment as a Matter of Law by Static Control Components, Inc. Lexmark's First Sale Exhausts all Patent Rights in Cartridges (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1246 |
Filed: 5/31/2007, Entered: None |
|
|
MOTION for Judgment by Static Control Components, Inc. SCC Has Not Actively Induced Infringement Re Four Chemical Patents (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1245 |
Filed: 5/31/2007, Entered: None |
|
|
ORDER: Lexmark International, Inc.'s ("Lexmark") Renewed Motion for Summary Judgment of Active Inducement of Patent Infringement 1206 is GRANTED as follows: (1) Lexmark has satisfied the predicate direct infringement element of its Section 271(b) inducement claim against SCC as a matter of law with regard to Pendl, NER, and Wazana; (2) this Order does not apply to and makes no representations regarding direct infringement with respect to remanufacturers as an enterprise or remanufacturers other than Pendl, NER, and Wazana; (3) this Order does not pertain to any of Lexmark?s patents, other than those nine mechanical patents that were the subject of Lexmark's original Motion for Summary Judgment of Direct Infringement of Nine Patents at Record No. 519; and (4) this Order only pertains Lexmark?s inducement claim against SCC and has no binding effect, including res judicata or collateral estoppel effect, with regard to Wazana, Pendl, or NER, all of which are now non-parties in this matter. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copy to Mark Glazer and Howard Rockman via US Mail. (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1244 |
Filed: 5/31/2007, Entered: None |
|
|
AGREED ORDER OF DISMISSAL BETWEEN LEXMARK INTERNATIONAL, INC AND WAZANA BROTHERS INTERNATIONAL, INC d/b/a MICRO SOLUTIONS ENTERPRISES: all claims between Lexmark Intl, Inc. and Wazana Brothers Intl, Inc. in this action (including claims between Lexmark Intl and Wazana Brothers Intl in Case 02-cv-571) are dismissed, w/ prejudice, each party to bear its own costs and attorneys' fees. Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR Modified text to reflect 571 not 171 on 5/31/2007 (Dearborn, Christy). (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1243 |
Filed: 5/31/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. of List of Its Trial Exhibits Cross-Referenced to Video Deposition Exhibits (Krashin, Michael) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1242 |
Filed: 5/30/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/30/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1241 |
Filed: 5/31/2007, Entered: None |
|
|
Proposed Agreed Order/Stipulation of Dismissal Between Lexmark Int'l Inc. and Wazana Brothers Int'l Inc. by Lexmark International, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1240 |
Filed: 5/31/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. re 1210 Notice of Filing, re Lexmark Request for Responses to Requests for Admissions to be Read (Webster, Mickey) (Entered: 05/31/2007)
|
|
Request |
|
|
|
| 1239 |
Filed: 5/30/2007, Entered: None |
|
|
REPLY to Response to Motion re 1206 MOTION for Summary Judgment by Lexmark International, Inc. for Active Inducement of Infringement filed by Lexmark International, Inc.. (Becker, Matthew) (Entered: 05/30/2007)
|
|
Request |
|
|
|
| 1238 |
Filed: 5/30/2007, Entered: None |
|
|
MINUTE ENTRY FOR JURY TRIAL held on 5/29/2007 before Judge Gregory F. Van Tatenhove: Intro. of evidence for pltf resumed. Cont to 5/30/2007 @ 9:00 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 05/30/2007)
|
|
Request |
|
|
|
| 1237 |
Filed: 5/30/2007, Entered: None |
|
|
REPLY to 1214 Lexmark's Second Request for Judicial Notice filed by Lexmark International, Inc.. (Becker, Matthew) (Entered: 05/30/2007)
|
|
Request |
|
|
|
| 1236 |
Filed: 5/30/2007, Entered: None |
|
|
RESPONSE in Opposition re 1206 MOTION for Summary Judgment by Lexmark International, Inc.of Active Inducement of Patent Infringement filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 05/30/2007)
|
|
Request |
|
|
|
| 1235 |
Filed: 5/30/2007, Entered: None |
|
|
TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/29/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/30/2007)
|
|
Request |
|
|
|
| 1234 |
Filed: 5/30/2007, Entered: None |
|
|
SEALED TRANSCRIPT of Official Proceedings: Deposition Testimony of Aldo DeLuca and Sagie Shanun presented during Jury Trial held on 5/29/2007 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (Sealed pleading will be maintained in Clerk's Ofc) (Entered: 05/30/2007)
|
|
|
|
|
|
| 1233 |
Filed: 5/30/2007, Entered: None |
|
|
RESPONSE in Opposition to 1214 Lexmark 2nd Request for Judicial Notice filed by Static Control Components, Inc. (Webster, Mickey) Modified text on 5/30/2007 (Wells, J. Michelle). (Entered: 05/30/2007)
|
|
Request |
|
|
|
| 1232 |
Filed: 5/29/2007, Entered: None |
|
|
ORDER: re: objections to the deposition testimony of William London: 1. Deposition of William London, May 11, 2006a. Page 33, Line 10 - Page 34, Line 7 - Overruled. b. Page 57, Line 22 - Page 59, Line 7 - Overruled. c. Page 96, Lines 2 - 12 - Overruled. d. Page 104, Line 20 - Page 105, Line 7 - Overruled. e. Page 113, Lines 4 - 24 - Overruled. 2. Deposition of William London, July 6, 2006a. Page 179, Lines 12 - 15 - Overruled.b. Page 182, Line 17 - Page 183, Line 8 - Overruled. c. Page 193, Line 13 - Page 194, Line 1 - Overruled. d. Page 232, Lines 9 - 19 - Overruled. e. Page 233, Lines 13 - 18 - Overruled. 3. Deposition of William London, November 10, 2006a. Page 86, Line 14 - Page 87, Line 6 - Overruled. 4. Deposition of William London, May 11, 2007a. Page 208, Line 23 - Page 209, Line 6 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403.b. Page 209, Line 19 - Page 210, Line 6 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. c. Page 211, Lines 5 - 8 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. d. Page 212, Lines 3 - 15 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. e. Page 213, Lines 10 - 19 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. f. Page 224, Line 24 - Page 225, Line 24 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. g. Page 225, Line 25 - Page 227, Line 3 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. h. Page 231, Lines 10 - 15 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. i. Page 254, Lines 1 - 13 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. j. Page 254, Line 14 - Page 255, Line 7 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. k. Page 255, Line 15 - Page 256, Line 1 - Sustained. l. Page 260, Lines 9 - 13 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. m. Page 261, Lines 4 - 15 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. n. Page 290, Lines 1 - 5 - Sustained. The Court finds that the probative value of this evidence and testimony is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. See F.R.E. 403. o. Page 303, Lines 21 - 25 - Overruled. 5. Miscellaneous a. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned depositions, those objections are overruled as moot. b. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark and/or SCC are overruled as moot in light of the parties' updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies mailed via US Mail to Mark Glazer & Howard Rockman (Entered: 05/29/2007)
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Request |
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| 1231 |
Filed: 5/29/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. Of Supp List Of Exhibits To Be Used During The Week Of May 28, 2007 (Haulsee, Hada) (Entered: 05/29/2007)
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Request |
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| 1230 |
Filed: 5/29/2007, Entered: None |
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ORDER: re: Objections to the deposition testimony of Chad Golden and Avi Wazana: 1. Deposition of Chad Golden, July 11, 2006a. Page 10, Lines 19 - 20 - Overruled. b. Page 11, Lines 13 - 17 - Overruled. c. Page 92, Line 16 - Page 93, Line 9 - Overruled. 2. Deposition of Chad Golden, July 12, 2006a. Page 254, Lines 8 - 11 - Overruled. 3. Deposition of Chad Golden, October 31, 2006a. Page 42, Lines 9 - 23 - Overruled. b. Page 55, Lines 8 - 12 - Overruled. c. Page 113, Line 22 - Page 115, Line 10 - Sustained. d. Page 135, Line 20 - Page 144, Line 21 - Overruled. e. Page 154, Line 25 - Page 155, Line 5 - Overruled. f. Page 155, Line 16 - Page 156, Line 5 - Sustained. g. Page 156, Lines 14 - 17 - Sustained. h. Page 157, Line 24 - Page 159, Line 14 - Sustained. i. Page 163, Lines 8 - 21 - Overruled. j. Page 165, Line 3 - Page 168, Line 6 - Overruled. k. Page 175, Line 7 - Page 177, Line 2 - Overruled. l. Page 185, Line 5 - Page 186, Line 5 - Overruled. m. Page 186, Line 6 - Page 187, Line 21 - Overruled. n. Page 231, Line 6 - Page 232, Line 2 - Overruled. 4. Deposition of Avi Wazana, June 27, 2006a. Page 113, Line 6 - Page 115, Line 8 - Overruled. b. Page 116, Line 7 - Page 117, Line 11 - Overruled. c. Page 132, Line 2 - Page 134, Line 19 - Overruled. d. Page 135, Lines 6 - 22 - Overruled. e. Page 150, Line 25 - Page 151, Line 20 - Overruled. f. Page 167, Line 25 - Page 168, Line 14 - Overruled. g. Page 207, Line 22 - Page 208, Line 4 - Overruled. h. Page 261, Lines 10 - 17 - Overruled. i. Page 275, Line 19 - Page 276, Line 16 - Overruled. j. Page 282, Line 25 - Page 283, Line 21 - Sustained. 5. Deposition of Avi Wazana, November 15, 2006a. Page 44, Lines 6 - 15 - Overruled. b. Page 46, Line 24 - Page 47, Line 10 - Overruled. 6. Miscellaneous a. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned depositions, those objections are overruled as moot. b. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark and/or SCC are overruled as moot in light of the parties' updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies mailed via US mail to Mark Glazer and Howard Rockman (Entered: 05/29/2007)
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Request |
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| 1229 |
Filed: 5/29/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of list of Lexmark exhibits corresponding to SCC's evidentiary objections (Krashin, Michael) (Entered: 05/29/2007)
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Request |
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| 1228 |
Filed: 5/29/2007, Entered: None |
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AFFIDAVIT OF SCRIVENER'S ERROR re 1197 Transcript - Official. (JMW) (Entered: 05/29/2007)
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Request |
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| 1227 |
Filed: 5/29/2007, Entered: None |
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MINUTE ENTRY FOR JURY TRIAL held on 5/25/2007 before Judge Gregory F. Van Tatenhove : Special appr by atty Bill Farrell on behalf of Curtis-Young. With regard to condifential info of depo testimony of Sagie Shanun, Court FINDS the notice to the Court and parties was in accordancee w/ protective order. Further, Court FINDS the right of privacy is outweighed by right of public access to this portion of this trial. Dft Wazana's Motion to Expedite Ruling on Lexmark's Renewed Motion 1155 for Summary Judgment of Direct Infrigement on nine Patents is TAKEN UNDER ADVISEMENT. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 05/29/2007)
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Request |
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| 1226 |
Filed: 5/29/2007, Entered: None |
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MINUTE ENTRY FOR JURY TRIAL held on 5/24/2007 before Judge Gregory F. Van Tatenhove : Intro of evidence for pltf resumed. Cont. to 5/25/2007 @ 8:30 am for further evidence. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 05/29/2007)
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Request |
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| 1225 |
Filed: 5/29/2007, Entered: None |
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MINUTE ENTRY FOR JURY TRIAL held on 5/23/2007 before Judge Gregory F. Van Tatenhove: Juror 84 excused for cause by Court due to medical reasons. Intro of evidence for pltf resumed. Cont. to 5/24/2007, @ 8:30 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 05/29/2007)
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Request |
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| 1224 |
Filed: 5/29/2007, Entered: None |
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MINUTE ENTRY FOR JURY TRIAL held on 5/22/2007, before Judge Gregory F. Van Tatenhove: Lexmark's Motion 1176 Pursuant to Rule 615 of the Federal Rules of Evidence is GRANTED as to all expert witnesses and is reserved as it relates to Dr. Vistnes. Lexmark's Renewed Motion for Summary Judgment 1155 is TAKEN UNDER ADVISEMENT. Introduction of evidence for pltf began. Cont. to 5/23/2007 @ 8:30 am for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR. Modified text on 6/8/2007 to indicate motion is "reserved" not reversed as it relates to Dr. Vistnes (Wells, J. Michelle). (Entered: 05/29/2007)
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Request |
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| 1223 |
Filed: 5/29/2007, Entered: None |
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MINUTE ENTRY FOR JURY TRIAL held on 5/21/2007, before Judge Gregory F. Van Tatenhove : Motion 1170 by Wazana Brothers International, Inc., is DENIED. Counsel for Lexmark & Pendl informed they have reached settlement. Counsel for Lexmark directed to file witness & exhibit list by 9:00 am on 5/23/2007 for following week. Opposing counsel will have until 9:00 am on 5/24/2007, to make cross-designations in terms of potential exhibits. Opening Statements were heard. Jury Trial cont. to 5/22/007 @ 8:30 am for further trial. MOTION One Day Recess by Wazana Brothers International, Inc. filed by (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 05/29/2007)
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Request |
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| 1222 |
Filed: 5/29/2007, Entered: None |
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ORDER: re: Objections to Dale Lewis Deposition: a. Page 8, Line 4 - Page 11, Line 3 - Overruled. b. Page 13, Lines 1 - 19 - Overruled. c. Page 16, Lines 2 - 4 - Overruled. d. Page 17, Lines 6 - 13 - Overruled. e. Page 17, Lines 14 - 24 - Overruled. f. Page 25, Line 3 - Sustained. g. Page 29, Lines 1 - 7 - Overruled. h. Page 29, Line 10 - Overruled. i. Page 30, Lines 2 - 13 - Overruled. j. Page 37, Line 1 - Page 38, Line 12 - Overruled. k. Page 38, Lines 13 - 14 - Overruled. l. Page 39, Line 24 - Page 40, Line 4 - Overruled. m. Page 40, Lines 6 - 7 - Overruled. n. Page 40, Lines 9 - 18 - Overruled. o. Page 51, Lines 1 - 18 - Overruled. p. Page 53, Lines 6 - 23 - Overruled. q. Page 55, Line 24 - Page 56, Line 10 - Overruled. r. Page 56, Lines 15 - 22 - Overruled. s. Page 57, Lines 1 - 4 - Overruled. t. Page 57, Lines 7 - 12 - Overruled. u. Page 59, Line 24 - Page 60, Line 6 - Sustained. v. Page 60, Line 11 - Sustained. w. Page 60, Lines 13 - 21 - Overruled. x. Page 63, Lines 8 - 15 - Overruled. y. Page 82, Lines 10 - 18 - Overruled. z. Page 82, Line 23 - Page 83, Line 16 - Overruled. aa. Page 84, Lines 6 - 25 - Overruled. ab. Page 86, Lines 3 - 13 - Overruled. ac. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned deposition, those objections are overruled as moot. ad. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned deposition by Lexmark and/or SCC are overruled as moot in light of the parties? updated deposition designation. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/29/2007)
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Request |
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| 1221 |
Filed: 5/29/2007, Entered: None |
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Proposed Jury Instructions by Lexmark International, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Becker, Matthew) (Entered: 05/29/2007)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 1220 |
Filed: 5/29/2007, Entered: None |
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ORDER: re: Objections to Jim Coffey deposition: a. Page 14, Lines 16 - 25 - Overruled. b. Page 15, Lines 12 - 15 - Overruled. c. Page 17, Line 21 - Page 18, Line 6 - Overruled. d. Page 23, Line 6 - Page 25, Line 19 - Overruled. e. Page 25, Lines 20 - 24 - Overruled. f. Page 26, Lines 4 - 25 - Overruled. g. Page 27, Line 17 - Page 28, Line 16 - Overruled. h. Page 28, Line 17 - Page 29, Line 25 - Overruled. i. Page 33, Line 23 - Page 34, Line 1 - Sustained. j. Page 34, Lines 4 - 12 - Sustained. k. Page 36, Lines 15 - 18 - Sustained. l. Page 45, Line 15 - Page 46, Line 7 - Overruled. m. Page 53, Line 17 - Page 54, Line 12 - Overruled. n. Page 56, Lines 3 - 8 - Overruled. o. Page 56, Line 9 - Page 58, Line 10 - Sustained on hearsay grounds on page 58, lines 1 through 10 but otherwise overruled. p. Page 58, Lines 11 - 15 - Sustained. q. Page 66, Line 4 - Page 67, Line 13 - Overruled/Sustained. r. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned deposition, those objections are overruled as moot. s. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned deposition by Lexmark and/or SCC are overruled as moot in light of the parties' updated deposition designation. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/29/2007)
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Request |
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| 1219 |
Filed: 5/29/2007, Entered: None |
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ORDER: re: Objections to Walter Blakely's deposition: a. Page 5, Lines 11 - 16 - Overruled. b. Page 5, Lines 17 - 19 - Overruled. c. Page 7, Lines 20 - 21 - Overruled. d. Page 8, Lines 4 - 21 - Overruled. e. Page 10, Line 20 - Page 11, Line 1 - Overruled. f. Page 16, Lines 1 - 25 - Sustained as to lines 1 through 8 and otherwise overruled. g. Page 22, Lines 11 - 12 - Overruled. h. Page 22, Lines 20 - 24 - Overruled.i. Page 23, Lines 3 - 14 - Overruled. j. Page 23, Lines 15 - 21 - Overruled. k. Page 24, Lines 20 - 23 - Overruled. l. Page 24, Line 24 - Page 25, Line 2 - Overruled. m. Page 26, Line 21 - Page 27, Line 1 - Overruled. n. Page 28, Lines 23 - 25 - Overruled. o. Page 30, Lines 5 - 10 - Overruled. p. Page 30, Line 21 - Page 31, Line 24 - Overruled. q. Page 34, Lines 15 - 18 - Overruled. r. Page 34, Line 19 - Page 35, Line 10 - Overruled. s. Page 43, Lines 5 - 16 - Overruled. t. Page 44, Lines 6 - 11 - Overruled. u. Page 44, Line 12 - Page 45, Line 5 - Overruled. v. Page 49, Lines 6 - 13 - Sustained. w. Page 49, Line 15 - Page 50, Line 9 - Sustained. x. Page 55, Lines 5 - 8 - Overruled. y. Page 56, Lines 4 - 6 - Overruled. z. Page 83, Line 14 - Page 84, Line 2 - Sustained. aa. Page 85, Line 21 - Page 86, Line 4 - Overruled. ab. Page 86, Line 16 - Page 87, Line 2 - Overruled. ac. Page 87, Line 3 - Page 88, Line 6 - Sustained. ad. Page 90, Lines 2 - 4 - Sustained. ae. Page 94, Lines 2 - 6 - Sustained. af. Page 95, Lines 2 - 8 - Overruled. ag. Page 96, Line 2 - Page 97, Line 8 - Sustained. ah. Page 97, Line 9 - Page 99, Line 14 - Overruled. ai. Page 105, Lines 12 - 14 - Overruled. aj. Page 120, Line 18 - Page 121, Line 11 - Overruled. ak. Page 122, Lines 12 - 20 - Overruled. al. Page 127, Lines 11 - 14 - Overruled. am. Page 127, Line 15 - Page 128, Line 2 - Overruled. an. Page 137, Lines 10 - 16 - Overruled, except that it is sustained after the word "none" on line 14 through line 16. ao. Page 139, Lines 3 - 25 - Sustained. ap. Page 141, Lines 15 - 23 - Overruled. aq. Page 141, Line 25 - Page 142, Line 4 - Overruled. ar. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned depositions, those objections are overruled as moot. as. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark and/or SCC are overruled as moot in light of the parties? updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/29/2007)
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Request |
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| 1218 |
Filed: 5/29/2007, Entered: None |
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ORDER: re: Objections to Michael Welton's deposition: a. Page 29, Line 7 - Page 30, Line 6 - Overruled. b. Page 30, Lines 14 - 21 - Overruled. c. Page 42, Lines 14 - 25 - Overruled. d. Page 48, Lines 13 - 17 - Overruled. e. Page 93, Lines 1 - 19 - Overruled. f. Page 93, Line 20 - Page 94, Line 4 - Overruled. g. Page 194, Line 20 - Page 198, Line 21 - Sustained. h. Page 205, Lines 16 - 24 - Overruled. i. With respect to any and all objection raised by Pendl, NER, or Wazana to the aforementioned depositions, those objections are overruled as moot. j. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark and/or SCC are overruled as moot in light of the parties' updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/29/2007)
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Request |
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| 1217 |
Filed: 5/29/2007, Entered: None |
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ORDER: re: Objections to Gerald Migley's deposition: a. Page 12, Line 23 - Page 13, Line 3 - Overruled. b. Page 23, Lines 14 - 19 - Overruled. c. Page 32, Lines 4 - 23 - Overruled. ?d. Page 42, Line 17 - Page 43, Line 11 - Overruled. e. Page 53, Line 15 - Page 54, Line 18 - Overruled. f. Page 54, Lines 10 - 20 - Overruled. g. Page 55, Lines 12 - 17 - Overruled. h. Page 60, Line 11 - Page 61, Line 3 - Overruled. i. Page 63, Line 16 - Page 65, Line 17 - Overruled. j. Page 72, Lines 8 - 16 - Overruled. k. Page 73, Line 10 - Page 74, Line 5 - Overruled. l. Page 74, Line 19 - Page 75, Line 4 - Overruled. m. Page 81, Line 18 - Page 82, Line 10 - Sustained. n. Page 83, Line 11 - Page 84, Line 8 - Sustained. o. Page 103, Line 22 - Page 104, Line 8 - Overruled. p. Page 106, Line 4 - Page 107, Line 18 - Overruled. q. Page 111, Line 1 - Page 112, Line 14 - Overruled. r. Page 118, Lines 16 - 24 - Sustained. s. With respect to any and all objection raised by Pendl, NER or Wazana to the aforementioned depositions, those objections are overruled as moot. t. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark and/or SCC are overruled as moot in light of the parties' updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/29/2007)
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Request |
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| 1216 |
Filed: 5/28/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/25/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/29/2007)
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Request |
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| 1215 |
Filed: 5/26/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/24/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/29/2007)
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Request |
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| 1214 |
Filed: 5/29/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. Second Request for Judicial Notice (Becker, Matthew) (Entered: 05/29/2007)
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Request |
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| 1213 |
Filed: 5/29/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. Consolidated Run Time Reports for Messrs. Golden, London, and Wazana (Becker, Matthew) Modified on 5/30/2007 to indicate the Consolidated Run Time Reports are maintained on paper under seal (Wells, J. Michelle). (Entered: 05/29/2007)
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Request |
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| 1212 |
Filed: 5/29/2007, Entered: None |
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RESPONSE in Opposition re 1184 MOTION to Quash by Lexmark International, Inc.Vincent Cole Subpoena filed by Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 05/29/2007)
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Request |
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| 1211 |
Filed: 5/29/2007, Entered: None |
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OBJECTIONS to 1210 Lexmark's Request for Admissions to be Read Into Evidence filed by Static Control Components, Inc.. (Attachments: # 1 Exhibit A - Email from Ingram to Smith)(Webster, Mickey) (Entered: 05/29/2007)
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Request |
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| 1210 |
Filed: 5/28/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Request for Certain Counterclaim Defs.' Admissions to be Read Into Evid. (Attachments: # 1 Exhibit A - MSE's Responses to Lexmark's Second Set of Request for Admissions# 2 Exhibit B - MSE's Augmented Responses to Lexmark's First Set of Requests for Admissions# 3 Exhibit C - Pendl's Responses to Lexmark's Second Set of Requests for Admission# 4 Exhibit D - Pendl's Response to Lexmark's First Set of Requests for Admission# 5 Exhibit E - August 16, 2006 Transcript of Telephone Conference# 6 Exhibit F - NER's Responses to Lexmark's Second Set of Requests for Admission# 7 Exhibit G - SCC's Copyright Office Petition# 8 Exhibit H - May 9, 2003 Anti-Circumvention Rulemaking Hearing# 9 Exhibit I - SCC's First Supplemental Responses to Lexmark's First Set of Requests for Admissions# 10 Exhibit J - NER's Supplemental Responses to Lexmark's First Set of Requests for Admission# 11 Exhibit K - MSE's Supplemental Responses to Lexmark's Second Set of Requests for Admissions# 12 Exhibit L - NER's Responses to Lexmark's First Set of Requests for Admission)(Krashin, Michael) (Entered: 05/28/2007)
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Request |
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| 1209 |
Filed: 5/28/2007, Entered: None |
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|
NOTICE OF FILING by Static Control Components, Inc. Amended list of Exhibits expected to be used during week of May 28, 2007 (Webster, Mickey) (Entered: 05/28/2007)
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Request |
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| 1208 |
Filed: 5/28/2007, Entered: None |
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MOTION for Order by Lexmark International, Inc. to Limit the Scope of SCC's Affirmative Defenses (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Loy, Steven) (Entered: 05/28/2007)
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Request |
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| 1207 |
Filed: 5/28/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Consolidated Run Time Reports for Messrs. Blakey, Coffey, and Lewis (Krashin, Michael) Modified on 5/30/2007 to indicate the Consolidated Run Time Reports are maintained on paper under seal (Wells, J. Michelle). (Entered: 05/28/2007)
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Request |
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| 1206 |
Filed: 5/27/2007, Entered: None |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Lexmark International, Inc. for Active Inducement of Infringement (Attachments: # 1 Proposed Order)(Becker, Matthew) (Entered: 05/27/2007)
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Request |
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| 1205 |
Filed: 5/26/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Revised Dep. Des. for Witnesses Expected to be Played Starting 5/29/07 (Krashin, Michael) Modified on 5/30/2007 to indicate the Revised Dep. Des. are maintained on paper under seal (Wells, J. Michelle). (Entered: 05/26/2007)
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Request |
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| 1204 |
Filed: 5/25/2007, Entered: None |
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TRIAL BRIEF Regarding Presenting Evidence of NER's and Pendl's Direct Infringement by Lexmark International, Inc.. (Krashin, Michael) (Entered: 05/25/2007)
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Request |
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| 1203 |
Filed: 5/25/2007, Entered: None |
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|
ORDER:(1)Lexmark's Renewed Motion for Summary Judgment of Direct Infringement on Nine Patents 1155 is GRANTED in part and DENIED as MOOT in part as follows:(a) with regard to Pendl Companies, Inc., the Motion is DENIED as MOOT; and(b) with regard to Wazana Brothers International, Inc., the Motion is GRANTED and it is ADJUDGED that Wazana Brothers International, Inc. has directly infringed the nine mechanical patents referred to above in this Order, except that this Order makes no judgment regarding whether this infringement results in liability, and this Order does not affect the pending affirmative enforceability defenses, such as misuse and antitrust; and(2) The Court makes no representation in this Order as to how and to what extent, if any, the content of this judgment ought to be referenced to the jury. The Court can take up at trial any issues in that regard, such as whether the jury can be expected to fully comprehend the legal nuance that a finding of direct infringement does not necessarily result in liability. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies mailed to Mark Glazer and Howard Rockman via US mail (Entered: 05/25/2007)
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Request |
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| 1202 |
Filed: 5/25/2007, Entered: None |
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NOTICE by Wazana Brothers International, Inc. of Withdrawal of Objections to Lexmark's Exhibits That Are Now Moot (Dotan, A.) (Entered: 05/25/2007)
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Request |
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| 1201 |
Filed: 5/25/2007, Entered: None |
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RESPONSE to 1155 Lexmark's Renewed Motion for S J of Direct Infringement of 9 Patents filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 05/25/2007)
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Request |
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| 1200 |
Filed: 5/25/2007, Entered: None |
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NOTICE by Lexmark International, Inc. re 1117 Order,of Withdrawal of Mooted Objections to Exhibits (Ingram, Hanly) (Entered: 05/25/2007)
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Request |
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| 1199 |
Filed: 5/25/2007, Entered: None |
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SEALED MOTION Clear the Courtroom by Wazana Brothers International, Inc. While the Videotaped Depo Testimony of Sagie Shanun is Displayed (Enenstein, Darren) Modified on 5/29/2007 to indicate this pleading is maintained on paper under seal(Wells, J. Michelle). (Entered: 05/25/2007)
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| 1198 |
Filed: 5/25/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. List of Withdrawn Objections to Exhibits Which are Now Moot (Webster, Mickey) (Entered: 05/25/2007)
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Request |
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| 1197 |
Filed: 5/24/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/23/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/24/2007)
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Request |
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| 1196 |
Filed: 5/24/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. re 1195 Notice of Filing Notice of Joinder (Dotan, A.) (Entered: 05/24/2007)
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Request |
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| 1195 |
Filed: 5/24/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. Of List of Exhibits for Week of May 28, 2007 (Webster, Mickey) (Entered: 05/24/2007)
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Request |
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| 1194 |
Filed: 5/23/2007, Entered: None |
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ORDER: 1. Deposition of Gary Pendl: a. Page 104, Line 14 - Page 104, Line 22 - Overruled.b. Page 104, Line 23 - Page 105, Line 8 - Overruled.c. Page 105, Lines 4 - 8 - Overruled.d. Page 105, Line 18 - Page 105, Line 21 - Overruled.e. Page 105, Line 23 - Page 106, Line 1 - Overruled.f. Page 106, Lines 6 - Line 9 - Overruled.g. Page 199, Lines 12 - 17 - Overruled.h. Page 209, Lines 6 - 11 - Sustained.i. Page 245, Lines 16 - 22 - Overruled.j. Page 259, Lines 19 - 22 - Overruled.k. Page 259, Line 23 - Page 260, Line 9 - Overruled.l. Page 261, Line 25 - Page 262, Line 3 - Overruled.2. Deposition of Lisa Obuchowski: a. Any and all objections made to Ms. Obuchowski?s deposition by Lexmark, SCC, and/or Wazana are overruled as moot in light of the parties? updated deposition designations. 3. Deposition of Sagie Shanuna. Page 23, Lines 11 - 12 and the answer thereto - Overruled. b. Page 99, Lines 17 - 21 - Overruled. c. Page 99, Line 23 - Page 100, Line 3 - Overruled. d. Page 100, Lines 3 - 16 - Overruled. 4. Deposition of Stephen Oatway: June 22, 2006a. Page 115, Line 13 - Page 116, Line 14 - Overruled. b. Page 117, Lines 20 - 21 - Sustained. c. Page 119, Lines 1 - 10 - Overruled. d. Page 119, Line 13 - Page 121, Line 18 - Overruled. e. Page 139, Line 13 - Page 140, Line 14 - Overruled. f. Page 143, Lines 2 - 13 - Overruled. g. Page 163, Line 21 - Page 164, Line 3 - Overruled. h. Page 198, Lines 3 - 21 - Overruled. i. Page 199, Line 14 - Page 200, Line 11 - Overruled. j. Page 223, Line 19 - Page 224, Line 20 - Overruled. k. Page 224, Lines 1 - 4 - Overruled. l. Page 224, Lines 8 - 15 - Overruled. m. Page 233, Line 13 - Page 234, Line 1 - Sustained. n. Page 235, Lines 15 - 21 - Overruled. o. Page 245, Lines 8 - 22 - Overruled. p. Page 248, Lines 7 - 17 - Sustained. q. Page 248, Line 7 - Page 249, Line 7 - Sustained as to page 248 line 7 through line seventeen and otherwise overruled. r. Page 248, Line 18 - Page 250, Line 3 - Overruled. 5. Deposition of James Gruebela. Page 63, Line 5 - Page 64, Line 11 - Overruled. b. Page 76, Line 17 - Page 77, Line 1 - Overruled. c. Page 148, Line 12 - Page 149, Line 4 - Overruled. c. Page 154, Lines 9 - 19 - Overruled. d. Page 165, Lines 11 - 15 - Overruled. e. Page 212, Line 20 - Page 213, Line 4 - Overruled. f. Page 214, Line 13 - 22 - Overruled. g. Page 214, Line 13 - Page 215, Line 7 - Overruled. h. Page 216, Line 16 - Page 217, Line 1 - Overruled. i. Page 217, Lines 1 - 5 - Overruled. j. Page 217, Lines 8 - 11 - Overruled. k. Page 218, Lines 2 - 6 - Overruled. l. Page 218, Lines 8 - 15 - Overruled. m. Page 218, Line 8 - Page 219, Line 11 - Overruled. 6. Deposition of Oren Mizrahiea. Page 14, Line 16 - Page 16, Line 23 - Overruled. b. Page 18, Lines 8 - 16 - Overruled. c. Page 19, Lines 11 - 16 - Overruled. d. Page 24, Line 21 - Page 25, Line 1 - Overruled. e. Page 25, Lines 2 - 12 - Overruled. f. Page 27, Lines 13 - 23 - Overruled. g. Page 27, Line 24 - Page 28, Line 22 - Overruled. h Page 35, Lines 6 - 12 - Overruled. i. Page 37, Lines 8 - 21- Overruled. j. Page 37, Line 22 - Page 38, Line 6 - Overruled. k. Page 50, Lines 13 - 25 - Overruled. l. Page 51, Lines 1 - 18 - Overruled. m. Page 51, Lines 5 - 20 - Overruled. n. Page 61, Lines 22 - 25 - Overruled. o. Page 71, Line 17 - Page 72, Line 1 - Overruled. p. Page 71, Line 21 - Page 72, Line 1 - Overruled. 7. Deposition of David Snydera. Page 9, Line 15 - Page 10, Line 14 - Overruled. c. Page 13, Lines 8 - 10 - Overruled. d. Page 14, Line 15 - Page 15, Line 1 - Overruled. e. Page 33, Lines 14 - 24 - Overruled with leave to produce document to Court for reconsideration. f. Page 55, Line 15 - Page 56, Line 3 - Overruled. 8. Deposition of Linda Blaira. Page 25, Line 7 - Page 26, Line 1 - Overruled. b. Page 33, Lines 3 - 9 - Overruled. c. Page 33, Lines 21 - 24 - Overruled. d. Page 75, Lines 4 - 14 - Overruled. e. Page 80, Lines 6 - 17 - Overruled. f. Page 80, Lines 19 - 24 - Overruled. g. Page 81, Lines 7 - 13 - Sustained. 9. Miscellaneous a. With respect to any and all objection raised by Pendl or NER to the aforementioned depositions, those objections are overruled as moot. b. Except to the extent that a contrary finding is made herein, any and all objections made to the aforementioned depositions by Lexmark, SCC, and/or Wazana are overruled as moot in light of the parties? updated deposition designations. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR Note: copies sent to Mark Glazer and Howard Rockman via US Mail. (Entered: 05/23/2007)
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Request |
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| 1193 |
Filed: 5/23/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. Of Revised Deposition Counterdesignations To Be Played Starting 05/24/07 (Attachments: # 1 Exhibit Exhibit A)(Webster, Mickey) (Entered: 05/23/2007)
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Request |
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| 1192 |
Filed: 5/23/2007, Entered: None |
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SEALED - DEPOSITION TRANSCRIPT of WILLIAM "SKIP" LONDON taken on 5/11/2007 by Lexmark International, Inc.. (Depo. shall be maintained in paper form in Clerk's Ofc)(CBD) (Entered: 05/23/2007)
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| 1191 |
Filed: 5/23/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Revised Dep. Des. for Witnesses Expected to be Played Starting 5/24/07 (Krashin, Michael) Modified on 5/24/2007 to indicate sealed depo designations maintained on paper under seal (Wells, J. Michelle). (Entered: 05/23/2007)
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Request |
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| 1190 |
Filed: 5/23/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Deposition Transcript of William "Skip" London (Krashin, Michael) Modified on 5/24/2007 to indicate sealed Depo Transcript is Filed at DE 1192 (Wells, J. Michelle). (Entered: 05/23/2007)
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Request |
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| 1189 |
Filed: 5/23/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Supplemental Deposition Designations for William "Skip" London (Krashin, Michael) (Entered: 05/23/2007)
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Request |
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| 1188 |
Filed: 5/23/2007, Entered: None |
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SEALED - RESPONSE IN OPPOSITION TO LEXMARK'S REQUEST FOR JUDICIAL NOTICE filed by Static Control Components, Inc.. (Maintained in paper form in Clerk's Ofc) (CBD) (Entered: 05/23/2007)
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| 1187 |
Filed: 5/23/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/22/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/23/2007)
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Request |
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| 1186 |
Filed: 5/23/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Witnesses to be Called and Exs. to be Used During the Week of 5/28/07 (Krashin, Michael) (Entered: 05/23/2007)
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Request |
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| 1185 |
Filed: 5/23/2007, Entered: None |
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RESPONSE to 1155 Lexmark's Renewed MSJ of Direct Infringement of Nine Patents filed by Wazana Brothers International, Inc.. (Gelhaar, Ned) (Entered: 05/23/2007)
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Request |
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| 1184 |
Filed: 5/23/2007, Entered: None |
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MOTION to Quash by Lexmark International, Inc. Trial Subpoenas Served Upon Vincent J. Cole (Attachments: # 1 Exhibit A - May 21, 2007 Subpoena to Mr. Cole# 2 Exhibit B - May 22, 2007 Subpoena to Mr. Cole# 3 Proposed Order)(Krashin, Michael) (Entered: 05/23/2007)
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Request |
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| 1183 |
Filed: 5/22/2007, Entered: None |
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ORDER: 1. Deposition of Jeffery Vogelsang: June 15, 2006a. Page 15, Line 18 - Page 16, Line 7 - Overruled. b. Page 16, Lines 19 - 24 - Overruled. c. Page 18, Lines 11 - 14 - Overruled. d. Page 18, Line 25 - Page 19, Line 6 - Overruled. e. Page 20, Lines 9 - 15 - Overruled. f. Page 22, Lines 6 - 11 - Overruled. g. Page 23, Lines 3 - 8 - Overruled. h. Page 25, Line 24 - Page 26, Line 5 - Overruled. i. Page 26, Line 13 - 16 - Overruled. j. Page 28, Line 20 - Page 29, Line 5 - Sustained except to the extent that question asked on line 19 is included, and otherwise overruled. k. Page 29, Line 9 - Page 30, Line 19 - Sustained as to page 29, line 23 through page 30 line 19 and otherwise overruled. l. Page 29, Line 23 - Page 30, Line 12 - Sustained. m. Page 32, Line 15 - Page 33, Line 6 - Sustained. n. Page 34, Line 19 - Page 36, Line 10 - Overruled. o. Page 36, Line 23 - Page 37, Line 14 - Overruled. p. Page 45, Line 22 - Page 46, Line 2 - Overruled. q. Page 46, Line 4 - Page 48, Line 1 - Overruled. r. Page 48, Lines 20 - 25 - Sustained. s. Page 49, Lines 1 - 6 - Overruled. t. Page 49, Line 13 - Page 50, Line 10 - Overruled as to page 50, lines 6 through 10 and otherwise sustained. u. Page 50, Lines 11 - 18 - Overruled.v. Page 52, Line 13 - Page 53, Line 25 - Overruled. w. Page 55, Lines 2 - 6 - Overruled. x. Page 58, Lines 4 - 20 - Overruled. y. Page 58, Line 4 - Page 60, Line 1 - Overruled. z. Page 60, Lines 2 - 14 - Overruled. aa. Page 63, Line 8 - Page 64, Line 1 - Overruled. ab. Page 64, Line 2 - 13 - Overruled. ac. Page 83, Lines 4 - 21 - Overruled. ad. Page 95, Line 25 - Page 96, Line 18 - Overruled. ae. Page 107, Line 22 - Page 108, Line 7 - Overruled. af. Page 108, Lines 14 - 18 - Overruled. ag. Page 108, Line 23 - Page 109, Line 2 - Overruled. ah. Page 115, Line 14 - Page 116, Line 4 - Overruled. ai. Page 116, Line 19 - Page 117, Line 1 - Overruled. aj. Page 119, Line 12 - Page 120, Line 6 - Overruled. ak. Page 120, Lines 14 - 18 - Overruled. al. Page 132, Lines 20 - 23 - Overruled.am. Page 133, Lines 4 - 8 - Overruled. an. Page 136, Line 24 - Page 137, Line 8 - Sustained. ao. Page 140, Lines 4 - 15 - Overruled. ap. Page 141, Lines 11 - 13 - Sustained. aq. Page 141, Line 21 - Page 142, Line 2 - Overruled. ar. Page 143, Line 22 - Page 144, Line 9 - Overruled. as. Page 155, Lines 19 - 24 - Sustained. at. Page 155, Line 25 - Page 156, Line 18 - Sustained. au. Page 156, Line 21 - Page 157, Line 20 - Sustained. av. Page 158, Lines 1 - 3 - Overruled. aw. Page 158, Lines 17 - 25 - Overruled. ax. Page 160, Lines 12 - 24 - Sustained. ay. Page 162, Line 10 - Page 163, Line 3 - Overruled. az. Page 163, Lines 4 - 13 - Overruled. ba. Page 164, Line 15 - Page 167, Line 22 - Overruled. bb. Page 166, Lines 3 - 10 - Overruled. bc. Page 166, Line 25 - Page 167, Line 22 - Overruled. bd. Page 168, Line 6 - Page 169, Line 19 - Overruled. be. Page 169, Line 21 - Page 170, Line 20 - Overruled. bf. Page 175, Lines 11 - 16 - Overruled. bg. Page 179, Line 9 - Page 180, Line 25 - Overruled. bh. Page 184, Line 2 - Page 186, Line 18 - Sustained. bi. Page 190, Line 14 - Page 192, Line 12 - Sustained.bj. Page 191, Line 20 - Page 192, Line 16 - Sustained.bk. Page 192, Line 25 - Page 193, Line 12 - Sustained. bl. Page 193, Line 3 - Page 195, Line 15 - Sustained. bm. Page 193, Lines 3 - 11 - Sustained. bn. Page 202, Line 25 - Page 205, Line 1 - Sustained. bo. Page 206, Lines 4 - 13 - Sustained. bp. Page 206, Line 18 - Page 207, Line 10 - Sustained. bq. Page 212, Lines 12 - 14 - Sustained. br. Page 212, Line 25 - Page 213, Line 5 - Sustained. bs. Page 243, Line 6 - Page 244, Line 15 - Overruled. bt. Page 262, Line 13 - Page 263, Line 21 - Overruled. bu. Page 267, Lines 1 - 12 - Overruled. bv. Page 269, Lines 2 - 8 - Overruled. bw. Page 269, Lines 9 - 22 - Overruled. bx. Page 269, Line 24 - Page 270, Line 8 - Overruled. by. Page 270, Lines 17 - 25 - Overruled. bz. Page 271, Lines 1 - 11 - Sustained. ca. Page 279, Line 10 - Page 280, Line 14 - Sustained. cb. Page 282, Lines 2 - 10 - Overruled as to line 2 through 5 but otherwise sustained. 15. Deposition of Jeffery Vogelsang: October 3, 2006a. Page 98, Line 23 - Page 103, Line 8 - Sustained as to page 98, line 23 through page 102, lines 10 with leave to revisit the testimony in phase two and otherwise sustained.b. Page 114, Lines 3 - 7 - Sustained. c. Page 116, Line 15 - Page 117, Line 5 - Sustained. d. Page 116, Line 15 - Page 117, Line 15 - Overruled. e. Page 117, Line 21 - Page 118, Line 6 - Sustained. f. Page 119, Line 16 - Page 121, Line 5 - Sustained. g. Page 121, Line 6 - Page 122, Line 11 - Overruled. h. Page 123, Line 5 - Page 131, Line 14 - Sustained. i. Page 127, Line 24 - Page 128, Line 11 - Sustained. j. Page 128, Line 16 - Page 130, Line 18 - Sustained. 16.?Deposition of Jeffery Vogelsang: May 10, 2007a. Page 42, Lines 2 - 23 - Sustained. b. Page 47, Lines 7 - 15 - Sustained. c. Page 50, Line 17 - Page 52, Line 22 - Sustained. d. Page 53, Line 19 - Page 55, Line 3 - Sustained. e. Page 60, Lines 6 - 20 - Sustained. f. Page 63, Line 4 - Page 64, Line 2 - Overruled. g. Page 67, Line 18 - Page 68, Line 10 - Sustained. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copies to Mark Glazer and Howard Rockman via US Mail (Entered: 05/22/2007)
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Request |
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| 1182 |
Filed: 5/22/2007, Entered: None |
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ORDER (1) Except to the extent a contrary finding is contained in this Order, the Objections to Lexmark's Supplement to its Trial Exhibit List 1147 and the Objections to SCC's Supplement to its Trial Exhibit List 1158 are OVERRULED, and all exhibits are DECLARED admissible, except for those exhibits for which there is an objection based on relevance and/or lack of foundation. Relevance and/or foundational objections are reserved for the trial court's consideration at the time evidence is offered for introduction into the record; (2) The Objections to Pendl's Supplemental Exhibit List and Addendum to its Exhibit List 1159 are based primarily on hearsay and lack of foundation. Despite the settlement between Pend and Lexmark, the parties indicated the potential for use of some Pendl exhibits. Therefore, these Objections 1159 are RESERVED for the trial court's consideration at the time such evidence is offered for introduction into the record; and (3) In light of the settlement between Lexmark and Pendl, and the representations of the parties, the Objections 1149 are DENIED as moot. Signed by Judge James B Todd. (JMW)cc: COR, JBT (Entered: 05/22/2007)
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Request |
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| 1181 |
Filed: 5/22/2007, Entered: None |
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AGREED ORDER OF DISMISSAL BETWEEN LEXMARK INTERNATIONAL, INC. AND PENDL COMPANIES, INC.: all claims between Lexmark Intl Inc and Pendl Co. Inc in this action (including claims between Lexmark and Pendl in Case No 5:02-cv-571) are dismissed, w/ prejudice, each party to bear its own costs and attys'fees. Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR (Entered: 05/22/2007)
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Request |
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| 1180 |
Filed: 5/22/2007, Entered: None |
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ORDER: Matter is before Court on objections to Fred McIntosh's depo testimony designated for use at trial. Court ORDERS as follows: a) Pg 16, Lines 7-23 Overruled b) Pg 27, Line 12 - Pg 28, Line 7 Overruled c) Pg 27, Line 21 - Pg 28, Line 7 Overruled d) Pg 29, Line 7 - Pg 30, Line 7 Overruled e) Pg 33, Line 21 - Pg 34, LIne 4 Overruled f) Pg 43, Line 24 - Pg 44, Line 4 Overruled g) Pg 47, Lines 11-16 Overruled h) Pg 49, Lines 3-10 Overruled i) Pg 56, Line 11 - Pg 57,Line 13 Overruled j) Pg 70, Lines 17-21 Overruled k) Pg 76, Lines 22-23 Overruled l) Pg 80, Lines 1-14 Overruled m) Pg 82, Line 24 - Pg 83, LIne 4 Overruled n) Pg 83, Line 25 - Pg 85, Line 8 Sustained o) Pg 85, Lines 17-24 Overruled p) Pg 86, Line 16 - Pg 87, Line 5 Sustained q) Pg 87, Lines 9-24 Sustained r) Pg 89, Line 13 - Pg 90, Line 1 Overruled s) Pg 92, Lines 23-25 Overruled t) Pg 93, Lines 4-7 Overruled u) Pg 93, Line 10 Overruled . Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR (Entered: 05/22/2007)
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Request |
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| 1179 |
Filed: 5/22/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. Request for Judicial Notice (Becker, Matthew) (Entered: 05/22/2007)
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Request |
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| 1178 |
Filed: 5/22/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/21/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/22/2007)
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Request |
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| 1177 |
Filed: 5/22/2007, Entered: None |
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Proposed Agreed Order/Stipulation Agreed Order Dismissing Pendl Companies by Lexmark International, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Loy, Steven) (Entered: 05/22/2007)
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Request |
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| 1176 |
Filed: 5/22/2007, Entered: None |
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MOTION Pursuant to Rule 615 of the Federal Rules of Evidence by Lexmark International, Inc. (Attachments: # 1 Proposed Order)(Krashin, Michael) (Entered: 05/22/2007)
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Request |
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| 1175 |
Filed: 5/21/2007, Entered: None |
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PROTECTIVE ORDER AGAINST UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION AT TRIAL: parties to comply with items I through VII.. Signed by Judge Gregory F. Van Tatenhove. (Attachments: # 1 Exhibit 1 - List of confidential information)(AKR)cc: COR (Entered: 05/21/2007)
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Request |
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| 1174 |
Filed: 5/21/2007, Entered: None |
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ORDER (1) all Objections to SCC, Wazana, and Pendl's Exhibits 1139 are RESERVED for the trial court's consideration at the time such evidence is offered for introduction into the record. Signed by Judge James B Todd. (JMW)cc: COR, JBT (Entered: 05/21/2007)
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Request |
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| 1173 |
Filed: 5/21/2007, Entered: None |
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SUR-REPLY in Opposition to 891 MOTION for Sanctions Under 37(B) and for a finding of civil contempt against Statis Control Components, Inc. by Lexmark International, Inc. filed by Static Control Components, Inc.. See DE 1089 for Exhibits A-O FILED per Minute Order 1172 (CBD) Modified text to add link to Exhibits on 5/21/2007 (Dearborn, Christy). (Entered: 05/21/2007)
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Request |
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| 1172 |
Filed: 5/21/2007, Entered: None |
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MINUTE ENTRY FOR DOCKET CALL held on 5/18/2007, before Judge Gregory F. Van Tatenhove : Court held Charge Conf outside presence of jury. SCC's & NER's Motions 530 and 549 for Summary Judgment are DENIED AS MOOT. SCC's Motion 1089 for Leave to file Sur-Reply in Opposiiton to Lexmark's Motion 891 for Sanctions is GRANTED. SCC's Motion 407 for Reconsideration of Court's Order 392 shall be ruled on by forthcoming Memorandum Opinion and Order. Wananza Brothers Intl, Inc.'s Motion 498 for Expedited Rule 16 Conf is DENIED AS MOOT. SCC's Motion 674 for Leave to file Reply Memo DE. 540 in excess of page limit is DENIED AS MOOT. Lexmark's Motion 1122 for Order to revive Motions in Limine 896 and 800 is GRANTED. Motions 896 and 800 shall be reopened for further consideration. Court will allow jurors to take notes during presentationof evidence. To extent parties will agree, Court will allow a exhibit notebook as long as parties agree on keeping a running supplementation of the exhibits to be used in trial. Parties are on notice of a "rolling 72 hour process" where at beginning of a given day, counsel is required to i.d. those depo.s they intend to use in their case. Invocation of Rule 615, as it relates to separation of witnesses, shall apply to opening stmts as well as during presentation of evidence. The rule shall apply to expert witnesses as well, unless parties agree otherwise. Introduction of evidence shall begin pursuant to Scheduling Order 1117 ent 5/16/2007. Cont. to 5/21/2007 @ 9:00 am, counsel present at 8:30 am, for further trial. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR (Entered: 05/21/2007)
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Request |
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| 1171 |
Filed: 5/19/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/18/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/21/2007)
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Request |
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| 1170 |
Filed: 5/21/2007, Entered: None |
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MOTION One Day Recess by Wazana Brothers International, Inc. Motion for One Day Recess of Trial (Attachments: # 1 Proposed Order)(Dotan, A.) (Entered: 05/21/2007)
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Request |
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| 1169 |
Filed: 5/21/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. Notice of Filing of Affidavits of its Designated Corporate Representatives (Attachments: # 1 Exhibit A - Affidavit of Avi Wazana# 2 Exhibit B - Affidavit of Gil Wazana)(Dotan, A.) (Entered: 05/21/2007)
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Request |
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| 1168 |
Filed: 5/21/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. Of Affidavits Of Its Corporate Representatives (Attachments: # 1 Exhibit Exhibit A Swartz Affidavit# 2 Exhibit Exhibit B London Affidavit)(Webster, Mickey) (Entered: 05/21/2007)
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Request |
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| 1167 |
Filed: 5/20/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Affidavits of Its Designated Corporate Reps. and In-House Counsel (Attachments: # 1 Exhibit A - Affidavit of Janet M. Smith# 2 Exhibit B - Affidavit of Keith Jones# 3 Exhibit C - Affidavit of Vincent J. Cole# 4 Exhibit D - Affidavit of Robert J. Patton)(Krashin, Michael) (Entered: 05/20/2007)
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Request |
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| 1166 |
Filed: 5/20/2007, Entered: None |
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Proposed Agreed Order/Stipulation Protective Order for Trial by Lexmark International, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Attachments: # 1 Exhibit 1 - Categories of Confidential Information)(Webster, Mickey) (Entered: 05/20/2007)
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Request |
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| 1165 |
Filed: 5/20/2007, Entered: None |
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ORDER: For the reasons set forth herein, it is hereby ORDERED that Lexmark's Motion to Preclude Certain Patent Misuse Allegations From Being Presented to the Jury 1137 is DENIED. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Copy of this order sent via fax & US Mail to Mark Glazer and Howard Rockman (Entered: 05/20/2007)
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Request |
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| 1164 |
Filed: 5/20/2007, Entered: None |
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NOTICE OF FILING by Pendl Companies, Inc. of Opening Designations of May 2 Deposition of Robert Becker (Beres, Joel) (Entered: 05/20/2007)
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Request |
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| 1163 |
Filed: 5/20/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. re 1161 Notice of Filing MSE's Joinder in Static Control's Objections [D.E. 1161] (Dotan, A.) (Entered: 05/20/2007)
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Request |
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| 1162 |
Filed: 5/20/2007, Entered: None |
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NOTICE by Pendl Companies, Inc. re 1161 Notice of Filing Pendl's Joinder in Static's objections to preliminary jury instructions (MacKay, Alexandra) (Entered: 05/20/2007)
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Request |
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| 1161 |
Filed: 5/20/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. of Static Control's Objections to the Preliminary Jury Instructions (Attachments: # 1 Exhibit Exhibit A Proposed Instruction #29)(Webster, Mickey) (Entered: 05/20/2007)
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Request |
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| 1160 |
Filed: 5/19/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. Proposed Section 3.7 for Insertion into the Preliminary Jury Instructions (Ingram, Hanly) (Entered: 05/19/2007)
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Request |
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| 1159 |
Filed: 5/19/2007, Entered: None |
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OBJECTIONS to 1141 , 1036 Pendl's Supplemental Exhibit List and Addendum to Its Exhibit List filed by Lexmark International, Inc.. (Krashin, Michael) (Entered: 05/19/2007)
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Request |
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| 1158 |
Filed: 5/19/2007, Entered: None |
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OBJECTIONS to 1099 Static Control Components, Inc.'s Supplement to Its Trial Exhibit List filed by Lexmark International, Inc.. (Krashin, Michael) (Entered: 05/19/2007)
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Request |
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| 1157 |
Filed: 5/19/2007, Entered: None |
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REPLY to Response to Motion re 1137 MOTION for Order by Lexmark International, Inc.to Preclude Certain Patent Misuse Allegations from Being Presented to the Jury filed by Lexmark International, Inc.. (Ingram, Hanly) (Entered: 05/19/2007)
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Request |
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| 1156 |
Filed: 5/19/2007, Entered: None |
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RESPONSE in Opposition re 1137 MOTION for Order by Lexmark International, Inc.MSE's Separate Response to Motion to Preclude Misuse Allegations filed by Wazana Brothers International, Inc.. (Perez, Geronimo) (Entered: 05/19/2007)
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Request |
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| 1155 |
Filed: 5/19/2007, Entered: None |
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RENEWED MOTION for Summary Judgment by Lexmark International, Inc. for Direct Infringement on Nine Patents (Attachments: # 1 Proposed Order)(Becker, Matthew) Modified text on 5/21/2007 (Wells, J. Michelle). (Entered: 05/19/2007)
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Request |
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| 1154 |
Filed: 5/18/2007, Entered: None |
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ORDER (Claim Construction) said claim limitations in issue are construed or the issues pertaining thereto otherwise disposed of in accordance with the above table re: 919 1025 1010 966 949 1007 1023 . Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Note: A copy of this order was faxed and mailed via US Mail this date to Mark Glazer and Howard Rockman (Entered: 05/18/2007)
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Request |
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| 1153 |
Filed: 5/18/2007, Entered: None |
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ORDER (Trial Protective Order) 1.The Joint Motion for Protective Order Against Unauthorized Use or Disclosure of Confidential Information at Trial filed by all parties in the above-styled action. 1079 is GRANTED in part and DENIED in part, consistent with this Order; 2. The parties shall prepare a Protective Order, signed by the parties, for the Court?s consideration, consistent with this Order, and including the agreed-upon provisions which have not been altered by the Court. This Protective Order shall be filed no later than 9:00 a.m. on Monday, May 21, 2007. In addition, a courtesy copy shall be transmitted electronically to gfvt_chambers@kyed.uscourts.gov.; 3. The parties are directed to have their designated corporate representative(s) and/or in-house counsel complete a sworn affidavit, in accordance with the language contained in the Joint Motion, and file those affidavits in the record no later than May 21, 2007, at 9:00 a.m.; 4. The parties shall advise the Court at least 48 hours in advance of disclosing any information or testimony which could reasonably be the type sought to be protected by Cardinal Cartridge, Inc, MB Sales, Image Projections West, Inc., and/or Curtis-Young Corporation in their Motions at Docket Entries 1100 , 1101 , 1104 , 1105 , and 1107 ; 5. The Motion by Cardinal Cartridge, Inc. For a Protective Order 1100 is DENIED without prejudice;6. MB Sales' Objection to the Use and Disclosure of its Confidential Materials at Trial 1101 is DENIED without prejudice; 7. Image Projections West, Inc.'s Motion for Enforcement of Protective Order, and Motion for Hearing Regarding the Disclosure of Confidential Material and Deposition Testimony at Trial 1104 is DENIED without prejudice; 8. Nonparty Curtis-Young Corporation's Objection to the Use of its Confidential Information at Trial and Motion for Protective Order with Supporting Memorandum 1105 , 1107 is DENIED without prejudice; 9. Nonparty Curtis-Young Corporation's Motion for Teleconference with the Court regarding the Court's May 16, 2007 Scheduling Order 1117 with respect to the Hearing on its Motion for Protective Order 1107 is DENIED Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Note: A copy of this order was faxed and Mailed via US Mail to Mark S. Glazer and Howard Rockman this date. (Entered: 05/18/2007)
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Request |
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| 1152 |
Filed: 5/18/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. RE WITHDRAWAL OF THE FOURTH CHALLENGED REPRESENTATION UNDER THE LANHAM ACT (Dotan, A.) (Entered: 05/18/2007)
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Request |
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| 1151 |
Filed: 5/18/2007, Entered: None |
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ORDER (1) Except to the extent a contrary finding is contained in this Order, all objections to Lexmark's Exhibits 1138 and 1135 are OVERRULED, and all exhibits are DECLARED admissible, except for those exhibits for which there is an objection based on relevance and/or lack of foundation. Relevance and/or foundational objections are reserved for the trial court's consideration at the time such evidence is offered for introduction into the record. The following rulings are made with respect to the specific evidence identified herein: (1) To the extent Lexmark seeks to utilize SCC0027, SCC0031, SCC0049, SCC0175, SCC0276, SCC0627, SCC1154, and SCC1194 in its presentation of the case, any objections made by Lexmark to those exhibits are deemed waived and hereby OVERRULED; (2) The hearsay objection to LXK0225-LXK0225A are SUSTAINED. Expert reports are generally inadmissable hearsay. In the event an appropriate hearsay exception can be identified at the trial, or the evidence is offered for some other non-hearsay purpose, this matter may be revisited at that time; and (3) The hearsay objection to LXK1142, LXK1224, LXK1277, LXK1278, LXK1283, LXK1442, LXK1511, LXK1607, LXK1608A are SUSTAINED. In the event an appropriate hearsay exception can be identified at the trial, or the evidence is offered for some other non-hearsay purpose, this matter may be revisited at that time. Signed by Judge James B Todd. (JMW)cc: COR, JBT (Entered: 05/18/2007)
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Request |
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| 1150 |
Filed: 5/18/2007, Entered: None |
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REPLY to Response to Motion re 1114 MOTION for Reconsideration re 1032 Order, Terminate Motions,, by Pendl Companies, Inc. re Pendl's Motion for Sanctions against Lexmark filed by Pendl Companies, Inc.. (Beres, Joel) (Entered: 05/18/2007)
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Request |
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| 1149 |
Filed: 5/18/2007, Entered: None |
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NOTICE by Pendl Companies, Inc. re 1147 Objections of Joinder in Static's Objections to Lexmark's Suppleental Trial Exhibits (Beres, Joel) (Entered: 05/18/2007)
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Request |
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| 1148 |
Filed: 5/18/2007, Entered: None |
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RESPONSE in Opposition re 1122 MOTION for Order by Lexmark International, Inc.to Revive Withdrawn Motions In Limine filed by Pendl Companies, Inc.. (Attachments: # 1 Proposed Order Denying Lexmark's Motion)(Beres, Joel) (Entered: 05/18/2007)
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Request |
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| 1147 |
Filed: 5/18/2007, Entered: None |
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OBJECTIONS to 1129 Lexmark's Supplement To Its Trial Exhibit List (DE 1129) filed by Static Control Components, Inc.. (Attachments: # 1 Exhibit Exhibit A - Table of Objections)(Webster, Mickey) (Entered: 05/18/2007)
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Request |
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| 1146 |
Filed: 5/18/2007, Entered: None |
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RESPONSE to Motion re 1137 MOTION for Order by Lexmark International, Inc. filed by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Attachments: # 1 Proposed Order)(Beres, Joel) (Entered: 05/18/2007)
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Request |
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| 1145 |
Filed: 5/18/2007, Entered: None |
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NOTICE OF FILING by Curtis-Young Corporation re 1142 Notice of Filing, (Attachments: # 1 Proposed Order for Telephone Conference)(Papastavros, Nicholas) (Entered: 05/18/2007)
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Request |
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| 1144 |
Filed: 5/18/2007, Entered: None |
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NOTICE TO ATTORNEY Howard B. Rockman by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83, Attorney Admission Application and copy of Mandatory ECF General Order & ECF Registration form. (JMW) (Entered: 05/18/2007)
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Request |
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| 1143 |
Filed: 5/18/2007, Entered: None |
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OBJECTIONS and Counterdesignation of Witness Testimony by Deposition by Pendl Companies, Inc. re 1097 Notice of Filing Objections and Counterdesignations for Individuals Recently Deposed (Beres, Joel) Modified text on 5/21/2007 (Wells, J. Michelle). (Entered: 05/18/2007)
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Request |
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| 1142 |
Filed: 5/18/2007, Entered: None |
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NOTICE OF FILING by Curtis-Young Corporation re 1107 MOTION for Protective Order by Curtis-Young Corporation, 1117 Order, (Attachments: # 1 Exhibit Motion for Telephone Conference# 2 Proposed Order for Telephone Conference)(Papastavros, Nicholas) Additional attachment(s) added on 5/21/2007 (Wells, J. Michelle). (Entered: 05/18/2007)
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Request |
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| 1141 |
Filed: 5/18/2007, Entered: None |
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Exhibit List of Supplemental Trial Exhibits from April 26, 2007 Deposition of Gary Pendl by Pendl Companies, Inc... (Beres, Joel) Modified on 5/21/2007 to indicate Sealed cd of Supplemental Trial Exhibits maintained on paper under seal (Wells, J. Michelle). (Entered: 05/18/2007)
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Request |
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| 1140 |
Filed: 5/18/2007, Entered: None |
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RESPONSE in Opposition re 1114 MOTION for Reconsideration re 1032 Order, by Pendl Companies, Inc. filed by Lexmark International, Inc. (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 05/18/2007)
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Request |
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| 1139 |
Filed: 5/18/2007, Entered: None |
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Exhibit List Filed Jointly by Static Control Components, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc... (Attachments: # 1 Exhibit A; Joint List of Exhibits to Be Used During Week of May 21, 2007)(Beres, Joel) (Entered: 05/18/2007)
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Request |
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| 1138 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. re 1135 Notice of Filing, Its Amended List of Exhibits to Be Used During the Week of May 21, 2007 (Attachments: # 1 Exhibit 1 - Lexmark's Amended List of Exhibits to Be Used During the Week of May 21, 2007)(Ingram, Hanly) (Entered: 05/17/2007)
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Request |
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| 1137 |
Filed: 5/17/2007, Entered: None |
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MOTION for Order by Lexmark International, Inc. to Preclude Certain Patent Misuse Allegations From Being Presented to Jury (Attachments: # 1 Exhibit B - 6/2/06 Email from Wheeler# 2 Appendix of Documents Filed Under Seal# 3 Proposed Order)(Ingram, Hanly) Modified on 5/21/2007 to indicate sealed Exhibit A is maintained on paper under seal (Wells, J. Michelle). (Entered: 05/17/2007)
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| 1136 |
Filed: 5/17/2007, Entered: None |
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ORDER: 1. Deposition of Farook Ahmed a. Page 15, Line 1-Page 19, Line 11-Overruled. As president and CEO, Mr. Ahmed clearly has personal knowledge with respect to the activities of his company. b. Page 20, Lines 2-9-Overruled. As president and CEO, Mr. Ahmed clearly has personal knowledge with respect to the activities of his company. c. Page 21, Line 11-Page 23, Line 9-Overruled. As president and CEO, Mr. Ahmed clearly has personal knowledge with respect to the activities of his company. d. Page 24, Line 15-Page 26, Line 15-Overruled. e. Page 30, Lines 4-8-Overruled. f. Page 31, Lines 3-22-Overruled. g. Page 32, Lines 2-20-Overruled. h. Page 34, Lines 15-21-Overruled. i. Page 36, Line 22-Page 37, Line 8-Overruled. j. Page 40, Line 15-Page 41, Line 17-Overruled if page 39, line 22 through page 40, line 14 are included in the testimony and otherwise sustained. k. Page 41, Line 18-Page 42, Line 4-Overruled. l. Page 47, Lines 11-22-Overruled.m. Page 51, Lines 7-14-Sustained on relevance grounds. n. Page 53, Lines 4-15-Sustained as to lines 13 through 15 and otherwise overruled. o. Page 53, Lines 10-12-Overruled. p. Page 54, Line 7-Page 55, Line 12-Overruled. q. Page 57, Lines 1-4-Overruled. r. Page 58, Lines 2-8-Overruled. s. Page 64, Line 3-Page 65, Line 9-Overruled. t. Page 78, Line 10-Page 80, Line 12-Overruled. u. Page 81, Line 12-Page 82, Line 14-Sustained. v. Page 83, Line 8-Page 84, Line 5-Overruled. w. Page 83, Line 17-Page 84, Line 1-Overruled x. Page 84, Line 6-Page 85, Line 7-Sustained. y. Page 86, Line 17-Page 88, Line 4-Overruled. z. Page 88, Line 5-Page 89, Line 7-Sustained. aa. Page 90, Line 11-Page 93, Line 20-Overruled. bb. Page 94, Line 15-Page 95, Line 9-Overruled. cc. Page 95, Line 19-Page 96, Line 3-Sustained. dd. Page 96, Lines 4-10-Overruled. ee. Page 96, Lines 12-19-Overruled. 2. Deposition of Thomas Day a. Page 15, Line 8-Page 16, Line 2-Overruled. b. Page 16, Lines 3-8-Overruled. c. Page 18, Line 15-Page 19, Line 21-Overruled. d. Page 20, Lines 5-12-Sustained. e. Page 20, Line 5-Page 21, Line 11-Sustained. f. Page 29, Lines 6-23-Overruled. g. Page 31, Lines 4-11-Overruled. h. Page 32, Line 24-Page 33, Line 14-Sustained. i. Page 38, Line 16-Page 39, Line 9-Overruled. j. Page 40, Line 23-Page 42, Line 12-Overruled. k. Page 110, Line 13-Page 111, Line 12-Overruled. l. Page 112, Line 11-Page 114, Line 19-Overruled. m. Page 116, Lines 14-18-Overruled. n. Page 117, Lines 6-9- Overruled. o. Page 117, Line 20-Page 118, Line 6-Overruled. p. Page 118, Line 21-Page 119, Line 1-Sustained. 3. Deposition of Aldo Deluca a. Page 23, Line 8-Page 26, Line 10-Overruled. b. Page 31, Lines 13-22-Overruled. c. Page 31, Line 23-Page 35, Line 4-Overruled. Mr. Deluca is clear as to the limits of his understanding of the subject matter. d. Page 35, Line 5-Page 37, Line 18-Overruled. e. Page 35, Line 5-Page 37, Line 21-Overruled. f. Page 40, Lines 12-15-Overruled. g. Page 47, Line 18-Page 48, Line 2-Overruled. h. Page 48, Lines 16-21-Overruled. i. Page 50, Lines 1-8-Overruled. j. Page 51, Lines 11-23-Overruled. k. Page 56, Line 22-Page 58, Line 8-Overruled. l. Page 61, Line 18-Page 63, Line 13-Overruled. m. Page 63, Lines 14-25-Overruled. n. Page 64, Lines 14-18-Overruled. o. Page 67, Line 5-Page 70, Line 13-Overruled. p. Page 74, Line 25-Page 76, Line 24-Overruled. q. Page 76, Lines 15-24-Overruled. r. Page 77, Line 21-Page 78, Line 10-Overruled. s. Page 80, Line 2-Page 81, Line 2-Overruled. t. Page 82, Lines 4-18-Overruled. 4. Deposition of Lee Ferry, a. Page 13, Lines 3-23-Overruled. The Court will require, however, the designation to include the testimony which introduces or explains the referenced exhibit. b. Page 13, Line 8 - Page 14, Line 2 - Overruled. The Court will require, however, the designation to include the testimony which introduces or explains the referenced exhibit. c. Page 13, Line 23 - Page 14, Line 2 - Overruled. The Court will require, however, the designation to include the testimony which introduces or explains the referenced exhibit. d. Page 14, Lines 3 - 12 - Overruled. The Court will require, however, the designation to include the testimony which introduces or explains the referenced exhibit. e. Page 14, Lines 12 - 15 - Overruled. The Court will require, however, the designation to include the testimony which introduces or explains the referenced exhibit. f. Page 15, Lines 17 - 22 - Overruled. The Court will require, however, the designation to include the testimony which introduces or explains the referenced exhibit. g. Page 16, Line 3 - Page 19, Line 3 - Overruled. h. Page 20, Line 11 - Page 20, Line 15 - Sustained. i. Page 22, Lines 8 - 11 - Overruled. j. Page 23, Line 17 - Page 24, Line 5 - Overruled. k. Page 31, Line 18 - Page 32, Line 16 - Overruled. l. Page 36, Lines 4 - 19 - Overruled. m. Page 36, Lines 20 - 23 - Overruled. n. Page 36, Line 24 - Page 39, Line 4 - Overruled. o. Page 39, Line 5 - Page 40, Line 10 - Overruled. p. Page 40, Line 15 - Page 41, Line 8 - Overruled. q. Page 41, Line 9 - Page 43, Line 13 - Overruled. r. Page 43, Line 19 - Page 44, Line 9 - Overruled. s. Page 44, Line 10 - Overruled. t. Page 44, Line 17 - Page 45, Line 9 - Overruled. u. Page 45, Line 11 - Page 46, Line 12 - Overruled. v. Page 46, Lines 19 - 22 - Overruled. w. Page 47, Line 12 - 19 - Overruled. x. Page 47, Line 21 - Page 48, Line 2 - Overruled. y. Page 51, Lines 8 - 14 - Overruled. z. Page 51, Line 11 - Page 53, Line 6 - Sustained as to page 51, line 19 through page 52, line 7 but otherwise overruled. aa. Page 53, Lines 7 - 13 - Overruled. bb. Page 53, Line 21 - Page 55, Line 14 - Overruled. cc. Page 56, Line 8 - Page 57, Line 8 - Overruled. dd. Page 57, Lines 12 - 14 - Overruled. ee. Page 59, Line 21 - Page 61, Line 4 - Sustained. ff. Page 59, Lines 5 - 11 - Overruled. gg. Page 61, Line 19 - Page 62, Line 1 - Overruled. hh. Page 62, Lines 2 - 11 - Sustained. ii. Page 62, Lines 12 - 20 - Sustained. jj. Page 62, Line 22 - Page 63, Line 1 - Overruled. kk. Page 63, Line 17 - Page 64, Line 19 - Overruled. 11. Page 65, Lines 8 - 14 - Overruled. mm. Page 65, Line 8 - Page 68, Line 10 - Overruled. nn. Page 66, Line 5 - Page 67, Line 14 - Overruled. oo. Page 69, Line 22 - Page 70, Line 7 - Overruled. pp. Page 70, Lines 8 - 16 - Overruled. qq. Page 70, Line 21 - Page 71, Line 8 - Overruled. rr. Page 71, Lines 10 - 23 - Overruled. ss. Page 72, Line 14 - Page 73, Line 4 - Overruled. tt. Page 73, Lines 4 - 9 - Overruled. uu. Page 74, Line 17 - Page 77, Line 1 - Overruled. vv. Page 78, Lines 5 - 9 - Overruled. ww. Page 83, Line 12 - Page 84, Line 6 - Overruled. xx. Page 84, Line 7 - Page 85, Line 1 - Overruled. yy. Page 85, Line 7 - Page 87, Line 8 - Sustained. zz. Page 90, Lines 8 - 23 - Sustained. aaa. Page 92, Lines 5 - 20 - Sustained. bbb. Page 93, Lines 15 - 18 - Overruled. ccc. Page 97, Line 16 - Page 98, Line 7 - Overruled. ddd. Page 98, Line 8 - Page 99, Line 4 - Sustained. eee. Page 99, Line 2 - Page 100, Line 3 - Sustained. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/17/2007)
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Request |
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| 1135 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of List of Exhibits Expected to be Used at Trial During the Week of May 21 (Attachments: # 1 Exhibit B - Counterlcaim Defendants' Objection Codes# 2 Appendix of Under Seal Documents)(Krashin, Michael) Modified on 5/18/2007; Sealed Exhibit A to this entry filed at Frankfort Office and maintained on paper under seal (Wells, J. Michelle). Additional attachment(s) (Amended List filed at DE 1138 ) added on 5/18/2007 (Wells, J. Michelle). (Entered: 05/17/2007)
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Request |
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| 1134 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. (Under Seal) Deposition Transcript of Michael Bushman, Vol. II (Attachments: # 1(Dotan, A.) Modified on 5/18/2007; Sealed deposition filed at Frankfort Office and maintained on paper under seal (Wells, J. Michelle). (Entered: 05/17/2007)
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Request |
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| 1133 |
Filed: 5/17/2007, Entered: None |
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OBJECTIONS to 1098 Counterclaim Defendant MSE's Amended Trial Exhibit List filed by Lexmark International, Inc.. (Mendiondo, Adrian) (Entered: 05/17/2007)
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Request |
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| 1132 |
Filed: 5/17/2007, Entered: None |
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DEPOSITION TRANSCRIPT re 1127 of Theresa LeClaire taken on April 24, 2007 by Wazana Brothers International, Inc..(Dotan, A.) Modified to create link on 5/18/2007 (Wells, J. Michelle). (Entered: 05/17/2007)
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Request |
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| 1131 |
Filed: 5/17/2007, Entered: None |
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DEPOSITION TRANSCRIPT re 1127 of David Keskeys taken on April 24, 2007 by Wazana Brothers International, Inc.(Dotan, A.) Modified to create link on 5/18/2007 (Wells, J. Michelle). (Entered: 05/17/2007)
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Request |
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| 1130 |
Filed: 5/17/2007, Entered: None |
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MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/17/2007 before Judge Gregory F. Van Tatenhove: Scheduling Order 1117 ent 5/16/2007, shall be amended to reflect Pendl Companies, Inc., Statis Control Components, Inc. and Wazana Brothers, Intl, Inc. shall have until 9:00 am 5/18/2007, to file list of exhibits that are expected to be introduced or utilized during week of 5/21/2007, and for which there is a pending objection. (COURT REPORTER: RHONDA SANSOM) (CBD)cc: COR Modified text to correct link to 1117 rather than 1124 on 5/17/2007 (Dearborn, Christy). (Entered: 05/17/2007)
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Request |
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| 1129 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING re 759 by Lexmark International, Inc. of Supplement to Lexmark's Trial Exhibit List (Krashin, Michael) Modified to create link on 5/18/2007 (Wells, J. Michelle). (Entered: 05/17/2007)
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Request |
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| 1128 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. MSE's Notice of Filing Trial Exhibits (Dotan, A.) (Entered: 05/17/2007)
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Request |
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| 1127 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. MSE's Notice of Filing Copies of Deposition Transcripts (Dotan, A.) Modified on 5/18/2007 to indicate Keskey depo transcript is filed at DE 1131 and LeClaire depo transcript is filed at DE 1132 (Wells, J. Michelle). (Entered: 05/17/2007)
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Request |
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| 1126 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of List of Witnesses Expected to Testify During the Week of May 21, 2007 (Ingram, Hanly) (Entered: 05/17/2007)
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Request |
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| 1125 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc. of Proposed Order Granting Joint Motion for Telephone Conference [DE 1121] (Beres, Joel) (Entered: 05/17/2007)
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Request |
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| 1124 |
Filed: 5/17/2007, Entered: None |
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SCHEDULING ORDER: parties having filed an Agreed Motion 1121 , it is ORDERED this Motion 1121 is GRANTED, a telephone conference is scheduled for today 5/17/2007 at 10:30 am. Telephone Conf. shall be organized by the parties, and they shall contact the Court to join said docnference. Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR (Entered: 05/17/2007)
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Request |
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| 1123 |
Filed: 5/17/2007, Entered: None |
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NOTICE OF FILING by Pendl Companies, Inc. UNDER SEAL of Depositions of Gary and Randy Pendl, Vogelsang, and Becker (Attachments: # 1 Appendix Depositions Filed Under Seal)(Beres, Joel) Modified on 5/18/2007; Sealed depositions filed at Frankfort Office and maintained on paper under seal (Wells, J. Michelle). (Entered: 05/17/2007)
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| 1122 |
Filed: 5/16/2007, Entered: None |
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MOTION for Order by Lexmark International, Inc. Combined Motion & Memorandum to Revive Motions in Limine [D.E. 896, 800] (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 05/16/2007)
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Request |
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| 1121 |
Filed: 5/16/2007, Entered: None |
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JOINT MOTION (AMENDED) for Telephone Conference re May 16 Order re 1117 Order, by Static Control Components, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc. (Amending and Replacing [DE 1120]) (Beres, Joel) Additional attachment(s) added on 5/18/2007 (Wells, J. Michelle). (Entered: 05/16/2007)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 1120 |
Filed: 5/16/2007, Entered: None |
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JOINT MOTION for Telephone Conference re May 16 Order re 1117 Order, by Static Control Components, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc. (Beres, Joel) Modified on 5/17/2007; See DE 1121 for Amended Joint Motion (Wells, J. Michelle). (Entered: 05/16/2007)
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Request |
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| 1119 |
Filed: 5/16/2007, Entered: None |
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OBJECTIONS to 1073 Counterclaim Defendants' Proposed Preliminary Jury Instructions filed by Lexmark International, Inc.. (Becker, Matthew) (Entered: 05/16/2007)
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Request |
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| 1118 |
Filed: 5/16/2007, Entered: None |
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NOTICE re 1117 Scheduling Order by Lexmark International, Inc. of Compliance with Paragraph 3(b) of the Court's May 16, 2007 Order (Attachments: # 1 Exhibit A - Email from Krashin to Counsel of May 16, 2007)(Krashin, Michael) Modified text to create link on 5/17/2007 (Wells, J. Michelle). (Entered: 05/16/2007)
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Request |
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| 1117 |
Filed: 5/16/2007, Entered: None |
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SCHEDULING ORDER: 1. The preliminary jury instructions and the opening statements will begin Monday, May 21, 2007 at 9:00 am. Counsel shall be present at 8:30am; 2. In its Pretrial and Amended Scheduling Order 855 , this Court established a process in which the parties were required to resolve all objection to exhibits with the Magistrate Judge and to pre-admit all exhibits for trial. See 28 USC 626(b)(1)(A); In order to facilitate this process, the parties shall file a list of witnesses, who the parties have made a good faith determination are expected to testify, either by deposition or live, during the week of May 21, 2007, no later than May 17, 2007, at 12:00 pm Further, the parties also shall file a list of exhibits that the parties have made a good faith determination are expected to be introduced or utilized during the week of May 21, 2007, and for which there is a pending objection, no later than May 17, 2007, at 3:00 pm; Finally, the parties shall file a list of all objections to exhibits which are now moot given the Court's rulings on dispositive and evidentiary motions. This list shall be filed no later than May 25, 2007, at 5:00 pm; In addition to filing with the Clerk of the Court, a courtesy copy of these required filings shall be transmitted electronically to gfvt_chambers@kyed.uscourts.gov.; 3. A hearing will be held on Friday, May 18, 2007, at 1:00 pm regarding the following matters: a. PRELIMINARY JURY INSTRUCTIONS; The Court will distribute the proposed preliminary jury instructions to counsel at the beginning of the hearing. The charge conference on these instructions will be held at the end of the hearing. b. PROTECTIVE ORDER:The parties shall be prepared to discuss issues related to the entry of a protective order, including the agreed protective order and the third party motions and objections. 1079 1100 1101 1104 1105 . In addition, counsel for Lexmark International, Inc. is DIRECTED to send notice of this order to Cardinal Cartridge, Inc., Image Projection West, Inc., MB Sales,and Curtis-Young Corporation; c.DEPOSITION TRANSCRIPTS: The parties are ORDERED to file copies of the following deposition transcripts no later than May 17, 2007, at 5:00 pm: David Keskeys, Theresa LeClaire, Robert Becker, and Randy Pendl. In addition, a courtesy copy shall also be filed in accordance with subsection (d), infra.; and d. FILING SEALED PLEADINGS: For the duration of trial, all sealed, paper filings for the above-styled action shall be made at the United States Federal Building in FRANKFORT, Kentucky. In addition, all courtesy court copies shall also be filed in Frankfort. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR See DE 1130 for Amendment. Modified text w/ language in bold on 5/17/2007 (Dearborn, Christy). (Entered: 05/16/2007)
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Request |
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| 1116 |
Filed: 5/16/2007, Entered: None |
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NOTICE by Pendl Companies, Inc. re 1071 Notice of Filing of Joinder in SCC's Obj. to Lexmark's Counter Designations for Goldstein (Beres, Joel) (Entered: 05/16/2007)
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Request |
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| 1115 |
Filed: 5/16/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. re 1088 Notice of Filing Counter-Deposition Designations and Evidentiary Objections (Attachments: # 1 Lexmark's Counter-Deposition Designations and Evidentiary Objections to MSE's Notice of Supplemental Deposition Designations for Trial for Late-Deposed Witnesses)(Mendiondo, Adrian) (Entered: 05/16/2007)
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Request |
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| 1114 |
Filed: 5/16/2007, Entered: None |
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MOTION for Reconsideration re 1032 Order, by Pendl Companies, Inc. and Combined Memorandum for Partial Reconsideration of Order Mooting Pendl's Motion for Sanctions [DE 522] (Attachments: # 1 Proposed Order Granting Motion)(Beres, Joel) (Entered: 05/16/2007)
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Request |
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| 1113 |
Filed: 5/16/2007, Entered: None |
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MINUTE ENTRY FOR JURY TRIAL held on 5/15/2007, VOIR DIRE AND JURY SELECTION held on 5/15/2007 before Judge Gregory F. Van Tatenhove : Jury is directed to contact Clerk's office on Wed., May 16, 2007 after 6:00 p.m. for time to report for this trial. Counterclm Dfts' obj to showing FJC videotape no. 4342-V/02 1084 is SUSTAINED to extent that video will not be presented to jury. Lexmark shall have 1.5 hrs to present opening statmts. SCC shall have 1.5 hrs for its opening. Pendl & Wazana shall share 2.0 hrs to present their openings in a manner they work out amongst themselves. W/o obj from any party, jurors shall be advised that they are permitted to submit written questions to Court. Any substantive response to any questions shall issue only after the parties have opportunity to address question before Court. Introduction of evidence shall begin pursuant to a Scheduling Order that shall be entered. (COURT REPORTER: RHONDA SANSOM) (AKR)cc: COR (Entered: 05/16/2007)
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Request |
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| 1112 |
Filed: 5/16/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. Proposed Amend. to Final Jury Instructions and Verdict Form (Attachments: # 1 Exhibit - Exhibit A# 2 Exhibit - Exhibit B)(Enenstein, Darren) (Entered: 05/16/2007)
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Request |
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| 1111 |
Filed: 5/16/2007, Entered: None |
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RESPONSE in Opposition re 1089 MOTION for Leave by Static Control Components, Inc.to File a Sur-Reply in Opposition to Lexmark's Motion for Sanctions filed by Lexmark International, Inc.. (Attachments: # 1 Proposed Order)(Ingram, Hanly) (Entered: 05/16/2007)
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Request |
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| 1110 |
Filed: 5/16/2007, Entered: None |
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NOTICE OF FILING by Curtis-Young Corporation re 1107 MOTION for Protective Order by Curtis-Young Corporation (Attachments: # 1 Proposed Order Regarding Nonparty Curtis Young Corporation's Motion for Protective Order Regarding the Use of Its Confidential Information at Trial)(Papastavros, Nicholas) (Entered: 05/16/2007)
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Request |
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| 1109 |
Filed: 5/16/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: JURY TRIAL held on 5/15/07 before Judge Van Tatenhove. Court Reporter: Rhonda Sansom. (JMW) (Entered: 05/16/2007)
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Request |
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| 1108 |
Filed: 5/16/2007, Entered: None |
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ORDER: Mark S. Glazer's Motion 1102 for Admission Pro Hac Vice is CONDITIONALLY GRANTED and dependent upon Mr. Glazer filing written consent pursuant to LR 83.2(4). Upon filing consent, no further order from the Court is necessary for Mr. Glazer's admisison pro hac vice. Signed by Judge Gregory F. Van Tatenhove. (CBD)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to M. Glazer (Entered: 05/16/2007)
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Request |
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| 1107 |
Filed: 5/15/2007, Entered: None |
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MOTION for Protective Order with Supporting Memorandum by Curtis-Young Corporation (Filed pursuant to QC procedure re 1105 ). (Attachments: # 1 Exhibit 1 - Letter to Papastavros from Krashin 5/9/07# 2 Amended Certificate of Service)(JMW) Additional attachment(s) added on 5/17/2007 (Wells, J. Michelle). (Entered: 05/16/2007)
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Request |
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| 1106 |
Filed: 5/15/2007, Entered: None |
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AMENDED DOCUMENT by Curtis-Young Corporation. Amendment to 1105 Objections Amended Certificate of Service. (Papastavros, Nicholas) (Entered: 05/15/2007)
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Request |
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| 1105 |
Filed: 5/15/2007, Entered: None |
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OBJECTIONS to Use of Nonparty Curtis-Young Corp.'s Confidential Information at Trial filed by Curtis-Young Corporation. (Attachments: # 1 Exhibit 1)(Papastavros, Nicholas) Additional attachment(s) added on 5/16/2007 (Wells, J. Michelle). Modified on 5/16/2007; Motion for Protective Order is docketed at DE 1107 (Wells, J. Michelle). (Entered: 05/15/2007)
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Request |
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| 1104 |
Filed: 5/15/2007, Entered: None |
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MOTION for Order by Image Projections West, Inc. for Enforcement of Protective Order, MOTION for Hearing by Image Projections West, Inc. re the Disclosure of Confidential Material and Depo. Testimony at Trial (Attachments: # 1 Exhibit A - Subpoena for Production of Documents# 2 Exhibit B - Interim Order Against Unauthorized Use or Disclosure of Confidential Info# 3 Exhibit C - Letter dated 05-09-07# 4 Exhibit D - Letter dated 05-10-07# 5 Proposed Order granting enforcement of protective order# 6 Proposed Order setting hearing)(Michael, Patrick) (Entered: 05/15/2007)
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Request |
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| 1103 |
Filed: 5/15/2007, Entered: None |
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PRO HAC VICE Filing fee received - Mark S. Glazer - $ 65.00, receipt number 129431 (JMW) (Entered: 05/15/2007)
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Request |
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| 1102 |
Filed: 5/15/2007, Entered: None |
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MOTION w/ Memorandum and Affidavit for Mark S. Glazer to Appear Pro Hac Vice by MB Sales (Attachments: # 1 Proposed Order # 2 Receipt for Fee)(JMW) Modified text on 5/15/2007 (Wells, J. Michelle). (Entered: 05/15/2007)
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Request |
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| 1101 |
Filed: 5/15/2007, Entered: None |
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OBJECTION to the Use and Disclosure of Its Confidential Materials at Trial filed by MB Sales. (JMW) (Entered: 05/15/2007)
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Request |
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| 1100 |
Filed: 5/15/2007, Entered: None |
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MOTION for Protective Order by Cardinal Cartridge, Inc. (Attachments: # 1 Proposed Protective Order# 2 Notice of Filing# 3 Certificate of Service)(JMW) (Entered: 05/15/2007)
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Request |
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| 1099 |
Filed: 5/14/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. re 764 Notice of Supplement To Its Trial Exhibit List (Webster, Mickey) (Entered: 05/14/2007)
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Request |
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| 1098 |
Filed: 5/14/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. MSE's Amended Trial Exhibit List (Dotan, A.) (Entered: 05/14/2007)
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Request |
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| 1097 |
Filed: 5/14/2007, Entered: None |
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NOTICE OF FILING re 729 by Lexmark International, Inc. of Supplement to Its Opening Deposition Designations (Krashin, Michael) Modified text to create link on 5/15/2007 (Wells, J. Michelle). (Entered: 05/14/2007)
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Request |
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| 1096 |
Filed: 5/14/2007, Entered: None |
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STIPULATION of Dismissal between NER and Static Control by NER Data Products, Inc.. (Reinemann, Michael) (Entered: 05/14/2007)
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Request |
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| 1095 |
Filed: 5/14/2007, Entered: None |
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RESPONSE to 1085 Objections to Lexmark's Preliminary Jury Instructions filed by Lexmark International, Inc.. (Becker, Matthew) (Entered: 05/14/2007)
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Request |
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| 1094 |
Filed: 5/14/2007, Entered: None |
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ORDER RE TELEPHONE CONFERENCE held on 5/11/2007 before Judge James B Todd : (1) Mr. Banner is instructed not to replow old ground in questioning Mr. London during the present deposition. If a subject matter has been fully covered in prior depositions, it should not be repeated in the present deposition; (2) Mr. Robertson is directed not to instruct Mr. London not to answer a question, unless a question asked requests privileged information; and (3) the present deposition of Mr. London shall be limited to 7 hours. (COURT REPORTER: NONE) (JMW)cc: COR, JBT (Entered: 05/14/2007)
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Request |
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| 1093 |
Filed: 5/14/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Amended Final Witness List (Krashin, Michael) (Entered: 05/14/2007)
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Request |
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| 1092 |
Filed: 5/14/2007, Entered: None |
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Witness List by NER Data Products, Inc.. (Reinemann, Michael) (Entered: 05/14/2007)
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Request |
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| 1091 |
Filed: 5/14/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. MSE's Amended Final Witness List (Dotan, A.) (Entered: 05/14/2007)
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Request |
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| 1090 |
Filed: 5/14/2007, Entered: None |
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ORDER (1) Lexmark International, NER Data Products, and Wazana Brothers International shall file an amended witness list designating which of their witnesses will be presented via deposition testimony no later than 3:00 p.m. today, MAY 14, 2007. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/14/2007)
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Request |
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| 1089 |
Filed: 5/14/2007, Entered: None |
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MOTION for Leave by Static Control Components, Inc. to File Sur-Reply in Opposition to Lexmark's Motion for Sanctions (Attachments: # 1 Sur-Reply in Opposition to Lexmark's Motion for Sanctions# 2 Proposed Order # 3 Exhibit 1 - Declaration of Alison G. Wheeler# 4 Exhibit A - Lexmark Subpoena to David Harlow# 5 Exhibit B - 10.24.06 e-mail from David Harlow to Alison Wheeler# 6 Exhibit C - Objections of David Harlow to Subpoena# 7 Exhibit D - 1.26.07 letter from Krashin to Harlow# 8 Exhibit E - 1.29.07 e-mail from Steve Martin to Smith# 9 Exhibit F - 1.30.07 letter from Nelson Mullins to Krashin# 10 Exhibit G - 2.2.07 letter from Krashin to Steve Martin# 11 Exhibit H - 2.7.07 letter from Nelson Mullins to Steve Martin# 12 Exhibit I - 2.5.07 e-mail from Steve Martin to Smith# 13 Exhibit J - 2.8.07 e-mail from Steve Martin to Alison Wheeler# 14 Exhibit K - 2.9.07 e-mail from Alison Wheeler to Steve Martin# 15 Exhibit L - 4.10.07 e-mail from Alison Wheeler to Ken Millwood# 16 Exhibit M - 4.27.07 e-mail from Alison Wheeler to Ken Millwood# 17 Exhibit N - 4.27.07 letter from Bartlit Beck to Judge Van Tatenhove# 18 Exhibit O - List of Documents produced to Lexmark on 5.4.07)(Webster, Mickey) (Entered: 05/14/2007)
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Request |
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| 1088 |
Filed: 5/14/2007, Entered: None |
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NOTICE OF FILING by Wazana Brothers International, Inc. MSE's Supplemental Deposition Designations for Late-Deposed Witnesses (Dotan, A.) (Entered: 05/14/2007)
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Request |
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| 1087 |
Filed: 5/14/2007, Entered: None |
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RESPONSE to 1084 Objections to Use of FJC Videotape filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit A - Judge Robinson's Guidelines)(Krashin, Michael) (Entered: 05/14/2007)
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Request |
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| 1086 |
Filed: 5/13/2007, Entered: None |
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NOTICE OF FILING by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc. Proposed Amendments to Preliminary and Final Jury Instructions (Attachments: # 1 Exhibit Exhibit A Proposed Amendments to Preliminary and Final Jury Instructions)(Webster, Mickey) (Entered: 05/13/2007)
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Request |
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| 1085 |
Filed: 5/13/2007, Entered: None |
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OBJECTIONS to 1072 Lexmark's Preliminary Jury Instructions filed by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Webster, Mickey) (Entered: 05/13/2007)
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Request |
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| 1084 |
Filed: 5/13/2007, Entered: None |
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OBJECTIONS to 1070 Use of FJC Videotape filed by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Webster, Mickey) (Entered: 05/13/2007)
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Request |
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| 1083 |
Filed: 5/12/2007, Entered: None |
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ORDER: 1. that Motion in Limine 702 is DENIED; 2. that Motion in Limine 704 is DENIED; 3. that Motion in Limine 705 is DENIED in part as moot and otherwise DENIED; 4. that Motion in Limine 707 is DENIED; 5. that Motion in Limine 722 is DENIED; 6. that Motion in Limine 773 is DENIED; 7. that Motion in Limine 775 is DENIED; 8. that Motion in Limine 806 is DENIED; 9. that Motion in Limine 829 is DENIED; 10. that Motion in Limine 835 is DENIED; 11. that Motion in Limine 836 is DENIED; 12. that Motion in Limine 842 is DENIED; and 13. Pursuant to LR 7.1(f), any and all requests for oral argument as part of the foregoing Motions are DENIED as moot. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/12/2007)
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Request |
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| 1082 |
Filed: 5/11/2007, Entered: None |
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ORDER:1. that Motion in Limine 701 is GRANTED; 2. that Motion in Limine 703 is DENIED as moot; 3. that Motion in Limine 706 is DENIED as moot; 4. that Motion in Limine 708 is DENIED; 5. that Motion in Limine 709 is DENIED; 6. that Motion in Limine 711 is DENIED in part and GRANTED in part; 7. that Motion in Limine 712 is DENIED; 8. that Motion in Limine 713 is DENIED; 9. that Motion in Limine 771 is DENIED as moot; 10. that Motion in Limine 772 is DENIED in part as moot and otherwise DENIED; 11. that Motion in Limine 800 is DENIED as moot; 12. that Motion in Limine 803 is GRANTED in part and DENIED in part; 13. that Motion in Limine 804 is DENIED as moot; 14. that Motion in Limine 821 is DENIED as moot; 15. that Motion in Limine 843 is GRANTED; 16. that Motion in Limine 847 is DENIED; 17. that Motion in Limine 857 is GRANTED; 18. that Motion in Limine 863 is DENIED as moot; 19. that Motion in Limine 894 is DENIED; 20. that Motion in Limine 896 is DENIED as moot; 21. that Motion in Limine 904 is DENIED; 22. that Motion in Limine 905 is GRANTED in part and DENIED in part; 23. that Motion in Limine 906 is GRANTED; 24. that Motion in Limine 908 is DENIED as moot; 25. that Motion in Limine 910 is GRANTED; 26. that Motion in Limine 912 is GRANTED in part and DENIED in part; 27. that Motion in Limine 913 is DENIED as moot; 28. that Motion in Limine 914 is GRANTED in part and DENIED in part; 29. that Motion in Limine 915 is GRANTED; and 30. that Motion in Limine 916 is DENIED. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/11/2007)
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Request |
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| 1081 |
Filed: 5/11/2007, Entered: None |
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MEMORANDUM OPINION AND ORDER: 1. lexmark's Motion for Summary Judgment of Active Inducement of Patent Infringement Against Static Control 532 ; filed at 657 is DENIED; 2. Static Control Component's Motion for Partial Summary Judgment that Certain Cartridges are Not Subject to Any "Single-Use Restriction" 540 is GRANTED in part and DENIED in part as follows: (a) SCC's Motion is GRANTED as follows: Cartridges sold to end users that bear IBM's Green program label pursuant to a contract between Lexmark and IBM, located as Exhibit B to Record No 540 , are not subject to any single-use restriction under patent law. The Court makes no judgment as to whether IBM may enforce its Green program restriction vis-a-vis end users who do not follow the restriction under a theory based on contract; and (b) SCC's Motion is otherwise DENIED. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/11/2007)
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Request |
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| 1080 |
Filed: 5/11/2007, Entered: None |
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NOTICE OF FILING TRIAL EXHIBITS by Lexmark International, Inc. Trial Exhibits (Ingram, Hanly) Modified on 5/14/2007 to indicate sealed trial exhibits are maintained on paper under seal (Wells, J. Michelle). (Entered: 05/11/2007)
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Request |
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| 1079 |
Filed: 5/11/2007, Entered: None |
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JOINT MOTION for Protective Order by Lexmark International, Inc., NER Data Products, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc. Against Unauthorized Use or Disclosure of Confidential Information at Trial (Attachments: # 1 Exhibit A - Agreed Upon Provisions# 2 Exhibit B - Lexmark's Proposed List of Confidential Information)(Webster, Mickey) (Entered: 05/11/2007)
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Request |
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| 1078 |
Filed: 5/11/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. DVD containing Static Control's Trial Exhibits (Webster, Mickey) (Entered: 05/11/2007)
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Request |
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| 1077 |
Filed: 5/11/2007, Entered: None |
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NOTICE OF FILING by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc. re 1073 Proposed Jury Instructions, CD-Rom containing Proposed Jury Instructions in WordPerfect format (Webster, Mickey) (Entered: 05/11/2007)
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Request |
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| 1076 |
Filed: 5/11/2007, Entered: None |
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NOTICE OF MANDATORY ECF DIRECTED TO Amy Crosland Sullivan, a non-registered attorney, re 1075 Stipulated Consent Judgment, 1074 Order had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (STB) (Entered: 05/11/2007)
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Request |
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| 1075 |
Filed: 5/11/2007, Entered: None |
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STIPULATED CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE re Lexmark International, Inc. and NER Data Products, Inc. as noted herein. Signed by Judge Gregory F. Van Tatenhove. (STB)cc: COR (Entered: 05/11/2007)
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Request |
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| 1074 |
Filed: 5/11/2007, Entered: None |
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ORDER (1) Lexmark & NER's 917 JOINT MOTION for Entry of Agreed Order of Dismissal and Stipulated Consent Judgment or to Dismiss & Enter Stipulated Consent Judgment is GRANTED; and SCC's 922 Objection is OVERRULED; (2) All claims between Lexmark International, Inc. and NER Data Products, Inc. are DISMISSED with prejudice; (3) Stipulated Consent Judgment is entered contemporaneously herewith. Signed by Judge Gregory F. Van Tatenhove. (STB)cc: COR (Entered: 05/11/2007)
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Request |
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| 1073 |
Filed: 5/10/2007, Entered: None |
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Proposed Jury Instructions by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Attachments: # 1 Proposed Preliminary Jury Instructions# 2 Exhibit A to Proposed Preliminary Jury Instructions# 3 Proposed Final Jury Instructions# 4 Proposed Verdict Forms)(Webster, Mickey) (Entered: 05/10/2007)
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Request |
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| 1072 |
Filed: 5/10/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Lexmark's Proposed Jury Instructions (Attachments: # 1 Exhibit Lexmark's Preliminary Instructions - Phase 1# 2 Exhibit Lexmark's Proposed Final Jury Instructions - Phase 1# 3 Exhibit Lexmark's Proposed Preliminary Jury Instructions - Phase 2# 4 Exhibit Lexmark's Proposed Final Jury Instructions - Phase 2# 5 Exhibit Appendix A to Lexmark's Proposed Preliminary Jury Instructions - Phase 1# 6 Exhibit Lexmark's Proposed Final Jury Instructions - Phase 1 - Appendix B# 7 Exhibit Lexmark's Proposed Final Jury Instructions - Phase 2 - Appendix C)(Becker, Matthew) (Entered: 05/10/2007)
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Request |
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| 1071 |
Filed: 5/9/2007, Entered: None |
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NOTICE OF FILING by Static Control Components, Inc. re 1055 Notice of Filing Objections to Lexmark Counter-Designations of Richard Goldstein (Webster, Mickey) (Entered: 05/09/2007)
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Request |
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| 1070 |
Filed: 5/9/2007, Entered: None |
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FINAL TRIAL SCHEDULING ORDER (1) the Court will play the Federal Judicial Center's videotape, Videotape: An Introduction to the Patent System, for the jury prior to opening statements; (2) while viewing said video, the jurors shall be provided a copy of the Sample Patent, attached hereto; (3) the Clerk is directed to file a copy of the Sample Patent as an attachment hereto; (4) any objections to the use of said video or to the Sample Patent must be filed no later than 5:00 p.m. on 5/14/07; (5) the Joint Motion for Order to Phase Trial into Three Parts 718 is DENIED; and (6) this action SHALL BE PHASED into TWO sections, the first of which will consist of all affirmative claims and defenses and the second of which shall consists of damages-related issues, including willful infringement and indemnification. Signed by Judge Gregory F. Van Tatenhove. (Attachments: # 1 Sample Patent)(JMW)cc: COR (Entered: 05/09/2007)
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Request |
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| 1069 |
Filed: 5/9/2007, Entered: None |
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ORDER (1) Lexmark's Motion for an Expedited Rule 16 Conference 418 is DENIED as moot; (2) Lexmark's Motion to Expedite its Motion for an Expedited Rule 16 Conference 419 is DENIED as moot; (3) Lexmark's Motion Requesting a Hearing on its Motions for Summary Judgment 548 is DENIED as moot; (4) SCC's Motion for Oral Argument on All Pending Motions for Summary Judgment and Partial Summary Judgment 574 is DENIED as moot; (5) Wazana Bros. Motion for Leave to File a Response to Lexmark's Motion for Summary Judgment on the Direct Infringement of Nine Patents Against the Remanufacturers 632 is DENIED as moot; and (6) Wazana Bros. Motion for Leave to File a Response in Excess of the Page Limitation to Lexmark's Motion for Summary Judgment on Remanufacturers' Claims 630 is DENIED as moot. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/09/2007)
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Request |
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| 1068 |
Filed: 5/9/2007, Entered: None |
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ORDER (1) The Court has conducted a document by document in camera review of records that SCC was ordered to produce in camera by Order dated 5/2/07 1029 . All said documents are either (1) irrelevant, (2) do not adequately pertain to SCC's efforts to defeat Lexmark's Prebate program, or (3) are properly considered trial/litigation preparation communications/files for the current litigation. See 927 . Accordingly, SCC does not have to produce to Lexmark any of the documents produced to the Court on May 3 and 4, 2007. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/09/2007)
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Request |
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| 1067 |
Filed: 5/8/2007, Entered: None |
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NOTICE OF FILING by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc. Joint Statement of Case (Dotan, A.) (Entered: 05/08/2007)
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Request |
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| 1066 |
Filed: 5/8/2007, Entered: None |
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NOTICE OF FILING by Lexmark International, Inc. of Proposed Statement of Case (Attachments: # 1 Exhibit Lexmark's Proposed Statement of the Case)(Becker, Matthew) (Entered: 05/08/2007)
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Request |
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| 1065 |
Filed: 5/8/2007, Entered: None |
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NOTICE OF APPEARANCEof Amy Sullivan Cahill by Pendl Companies, Inc..(Beres, Joel) (Entered: 05/08/2007)
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Request |
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| 1064 |
Filed: 5/8/2007, Entered: None |
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PRETRIAL MEMORANDUM - Joint Pretrial Memorandum on Behalf of Pendl and MSE by Pendl Companies, Inc., Wazana Brothers International, Inc. (Beres, Joel) Modified text on 5/9/2007 (Wells, J. Michelle). (Entered: 05/08/2007)
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Request |
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| 1063 |
Filed: 5/8/2007, Entered: None |
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RESPONSE in Opposition to 987 Lexmark's Objection to SCC's Notice of Errata Re: SCC's Trial Exhibit List filed by Static Control Components, Inc. (Attachments: # 1 Proposed Order)(Webster, Mickey) Modified text on 5/9/2007 (Wells, J. Michelle). (Entered: 05/08/2007)
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Request |
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| 1062 |
Filed: 5/8/2007, Entered: None |
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REPLY to 1056 , 1049 in Support of CounterClaim Defendants' Joint Statement of Trial Phasing filed by Static Control Components, Inc.. (Webster, Mickey) (Entered: 05/08/2007)
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Request |
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| 1061 |
Filed: 5/8/2007, Entered: None |
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|
STIPULATION of Entry of Judgment re Declaratory Judgment re Copyright Non-Infringement by Lexmark International, Inc., Static Control Components, Inc.. (Webster, Mickey) (Entered: 05/08/2007)
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Request |
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| 1060 |
Filed: 5/8/2007, Entered: None |
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PRETRIAL MEMORANDUM by Static Control Components, Inc.. (Webster, Mickey) Modified text on 5/9/2007 (Wells, J. Michelle). (Entered: 05/08/2007)
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Request |
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| 1059 |
Filed: 5/8/2007, Entered: None |
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|
MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/4/2007 before Judge Gregory F. Van Tatenhove : (1) this matter is TAKEN UNDER ADVISEMENT, and the Court expects to issue an order during the week of May 7th, regarding the phasing of the trial. (COURT REPORTER: KELLY SMITH) (JMW)cc: COR (Entered: 05/08/2007)
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Request |
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| 1058 |
Filed: 5/7/2007, Entered: None |
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TRANSCRIPT of Official Proceedings: TELEPHONE CONFERENCE held on 5/1/07 before Judge Van Tatenhove. Court Reporter: Kelly Smith. (JMW) (Entered: 05/08/2007)
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Request |
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| 1057 |
Filed: 5/8/2007, Entered: None |
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|
NOTICE OF FILING of a sealed envelope containing Pendl's FOURTH Revised CD of Trial Exhibits Altering Numbering Prefix Per Court, filed by Pendl Companies, Inc. (Said cd is maintained under seal). (JMW) (Entered: 05/08/2007)
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Request |
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| 1056 |
Filed: 5/7/2007, Entered: None |
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|
RESPONSE to 1049 the Remaining Counterclaim Defendants' Joint Statement on Trial Phasing filed by Lexmark International, Inc.. (Krashin, Michael) (Entered: 05/07/2007)
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Request |
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| 1055 |
Filed: 5/7/2007, Entered: None |
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|
NOTICE OF FILING by Lexmark International, Inc. of Deposition Counter-Designations and Evidentiary Objections (Haulsee, Hada) (Entered: 05/07/2007)
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Request |
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| 1054 |
Filed: 5/7/2007, Entered: None |
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|
ORDER re 1052 MOTION for Donald R. Andersen to Appear Pro Hac Vice by Pendl Companies, Inc. (1) said motion is GRANTED and Donald P. Andersen is admitted pro hac vice to represent Pendl in this lawsuit. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR w/ copy of Mandatory ECF General Order and ECF Registration form to Donald R. Andersen (Entered: 05/07/2007)
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Request |
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| 1053 |
Filed: 5/7/2007, Entered: None |
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|
REPLY to Response to Motion re 891 MOTION for Sanctions by Lexmark International, Inc.Under Rule 37(B) and For a Finding of Civil Contempt Against Static Control filed by Lexmark International, Inc.. (Ingram, Hanly) (Entered: 05/07/2007)
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Request |
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| 1052 |
Filed: 5/4/2007, Entered: None, Terminated: 5/7/2007 |
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|
MOTION for Donald R. Andersen to Appear Pro Hac Vice by Pendl Companies, Inc. ( Filing fee $65; receipt number 956661) (Attachments: # 1 Affidavit of Donald R. Andersen# 2 Proposed Order Granting Admission to Donald R. Andersen)(Beres, Joel) (Entered: 05/04/2007)
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Request |
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| 1051 |
Filed: 5/4/2007, Entered: None |
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|
ORDER (1) SCC's motion for partial summary judgment of no direct patent infringement by any non-party 528 is DENIED; and (2) SCC's motion for partial summary judgment of no direct infringement by anonymous remanufacturers 515 is DENIED. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/04/2007)
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Request |
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| 1050 |
Filed: 5/4/2007, Entered: None |
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|
ORDER re 1049 Joint Request for Immediate Rule 16 Telephone Conference by the Remaining Counterclaim Defendants (1) this matter is scheduled for a TELEPHONE CONFERENCE today, 5/4/2007 at 3:00 PM, upon the request of Jennifer L. Kovalcik on behalf of Pendl Companies, Inc., but expressing the parties' joint request, the Counterclaim Defendants' Joint Request is GRANTED. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/04/2007)
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Request |
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| 1049 |
Filed: 5/4/2007, Entered: None, Terminated: 5/4/2007 |
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|
NOTICE by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc. Statement on Trial Phasing and Request for Immediate Rule 16 Conference (Attachments: # 1 Exhibit A - Proposed Joint Stipulation# 2 Exhibit B - Counter-Proposal)(Webster, Mickey) (Entered: 05/04/2007)
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Request |
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| 1048 |
Filed: 5/4/2007, Entered: None |
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|
NOTICE by Static Control Components, Inc. re 1029 Order, of Compliance with May 2, 2007 Order (Attachments: # 1 Exhibit A - B (filed under seal)(Webster, Mickey) Modified on 5/4/2007 to indicate Exhibits A-B are maintained on paper under seal (Wells, J. Michelle). (Entered: 05/04/2007)
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| 1047 |
Filed: 5/3/2007, Entered: None |
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|
JOINT NOTICE by Lexmark International, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc. of Withdrawal of Mooted Matters (Webster, Mickey) Modified text on 5/4/2007 (Wells, J. Michelle). (Entered: 05/03/2007)
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Request |
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| 1046 |
Filed: 5/3/2007, Entered: None |
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|
ORDER: Paragraph (10)(a) of the Court's March 8, 2007 Pretrial and Amended Scheduling Order 807 is AMENDED to read as follows: The parties shall file Agreed Proposed Jury Instructions on May 10, 2007, along with a 3-1/2" diskette or a CD in WordPerfect format, with supporting authorities. The parties shall file both preliminary and final jury instructions. If the parties cannot agree on certain instructions, counsel shall file with the Clerk, shall submit a copy to the Court (with diskette) and shall provide a copy to opposing counsel of their separately proposed instructions with supporting authorities. Whenever applicable and for patent issues, the parties shall substantially conform their instructions to the Federal Circuit Bar Association's Model Patent Jury Instructions. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/03/2007)
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Request |
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| 1045 |
Filed: 5/3/2007, Entered: None |
|
|
NOTICE OF FILING of a sealed envelope containing Pendl's THIRD Revised CD of Trial Exhibits pursuant to DE 1036 , amending DE 766 , filed by Pendl Companies, Inc. (Said cd is maintained under seal). (JMW) (Entered: 05/03/2007)
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Request |
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| 1044 |
Filed: 5/3/2007, Entered: None |
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|
NOTICE of Compliance by Static Control Components, Inc. re 1029 Order, Notice of Compliance with the Court's May 2, 2007 Order (Attachments: # 1 Exhibit 1 - Notice of Privileged Documents Submitted for In Camera Review)(Webster, Mickey) Modified text on 5/4/2007 (Wells, J. Michelle). (Entered: 05/03/2007)
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|
Request |
|
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| 1043 |
Filed: 5/3/2007, Entered: None |
|
|
NOTICE OF FILING by Static Control Components, Inc. Supplemental Deposition Designation for Late-Deposed Witness (Attachments: # 1 Exhibit A - Richard Goldstein Deposition Designation)(Robertson, W.) (Entered: 05/03/2007)
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|
Request |
|
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| 1042 |
Filed: 5/3/2007, Entered: None |
|
|
MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/1/2007 before Judge Gregory F. Van Tatenhove : (1) the Court will TAKE UNDER ADVISEMENT the matter regarding the issue of sanctions and inducement as it relates to the multiple boxes of documents currently in possession of Static Control Components. An order outlining this ruling will be entered herewith. (COURT REPORTER: KELLY SMITH) (JMW)cc: COR (Entered: 05/03/2007)
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|
Request |
|
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| 1041 |
Filed: 5/3/2007, Entered: None |
|
|
ORDER (1) SCC's Motion for Partial Summary Judgment that Lexmark Has Shown No Violation of the Terms of Its ORIGINAL Prebate Label 503 is GRANTED; and (2) it is ADJUDGED that, for the purposes of this litigation, no violation of Lexmark's ORIGINAL Prebate label has occurred. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/03/2007)
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Request |
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| 1040 |
Filed: 5/3/2007, Entered: None |
|
|
AMENDED MEMORANDUM OPINION & ORDER: 1. that Defendant's Motion for Summary Judgment 529 is DENIED in part and GRANTED in part; 2. that Counterclaim-Defendant's Motion for Summary Judgment 534 is DENIED in part and GRANTED in part; 3. that Counterclaim-Defendant's Motion for Hearing 564 on its Motion for Summary Judgment is DENIED as moot; and 4. this Memorandum Opinion and Order is entered as an erratum to replace Docket Entry 1035, and it contains no substantive changes from the previously entered order. The clerk of court is directed to strike Docket Entry Number 1035 from the docket. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/03/2007)
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Request |
|
|
|
| 1039 |
Filed: 5/2/2007, Entered: None |
|
|
FINAL WITNESS LIST by Wazana Brothers International, Inc. MSE's Final Witness List (Dotan, A.) Modified text on 5/3/2007 (Wells, J. Michelle). (Entered: 05/02/2007)
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|
Request |
|
|
|
| 1038 |
Filed: 5/2/2007, Entered: None |
|
|
FINAL WITNESS LIST by Lexmark International, Inc. (Krashin, Michael) Modified text on 5/3/2007 (Wells, J. Michelle). (Entered: 05/02/2007)
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|
Request |
|
|
|
| 1037 |
Filed: 5/2/2007, Entered: None |
|
|
WITNESS LIST: Final "Will Call" Witness List by Static Control Components, Inc. (Webster, Mickey) Modified text on 5/3/2007 (Wells, J. Michelle). (Entered: 05/02/2007)
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|
Request |
|
|
|
| 1036 |
Filed: 5/2/2007, Entered: None |
|
|
WITNESS LIST: Final "Will Call" Witness List and Addendum to Exhibit List by Pendl Companies, Inc. (Beres, Joel) Modified text on 5/3/2007 (Wells, J. Michelle). (Entered: 05/02/2007)
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|
Request |
|
|
|
| 1035 |
Filed: 5/2/2007, Entered: None |
|
|
STRICKEN PER ORDER FILED 5/3/07 1040 . (Entered: 05/02/2007)
|
|
Request |
|
|
|
| 1034 |
Filed: 5/2/2007, Entered: None |
|
|
JOINT MOTION for Extension of Time by Lexmark International, Inc., Static Control Components, Inc., Wazana Brothers International, Inc., Pendl Companies, Inc. to extend deadline to submit proposed jury instructions (Attachments: # 1 Proposed Order)(Webster, Mickey) (Entered: 05/02/2007)
|
|
Request |
|
|
|
| 1033 |
Filed: 5/2/2007, Entered: None |
|
|
NOTICE OF FILING by Pendl Companies, Inc. re 918 Notice of Filing, of Sealed Transcript of Deposition of Richard Goldstein (Attachments: # 1 Exhibit Deposition Transcript of Richard Goldstein (Filed Under Seal)(Beres, Joel) Modified on 5/2/2007 to indicate this transcript is maintained on paper under seal. (Wells, J. Michelle). (Entered: 05/02/2007)
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| 1032 |
Filed: 5/2/2007, Entered: None |
|
|
ORDER (1) the Report and Recommendation filed by MJ Todd on 4/6/07 898 is OVERRULED as MOOT; and (2) Pendl's Motion for Sanctions for Failure to Provide Rule 30(b)(6) Deposition on Tort Claims 522 is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 05/02/2007)
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Request |
|
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|
| 1031 |
Filed: 5/2/2007, Entered: None |
|
|
NOTICE OF SERVICE OF DOCUMENTS TO ALL COUNSEL OF RECORD: DOCUMENT PREVIOUSLY SEALED AND NOW UNSEALED PURSUANT TO ORDER 1029 ; Unsealed Order, DE 1026 and the attached Letter thereto is attached to this entry. cc: COR (Attachments: # 1 SCC's Letter to Judge Van Tatenhove)(JMW) (Entered: 05/02/2007)
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|
Request |
|
|
|
| 1030 |
Filed: 5/2/2007, Entered: None |
|
|
AGREED ORDER TO EXTEND DEADLINE FOR PRETRIAL MEMORANDA: Paragraph 10(b) of the Court's March 8, 2007 807 Pretrial and Amended Scheduling Order is AMENDED to read as follows: The parties shall file pretrial memorandum as referenced in the Scheduling Order dated September 12, 2005, no later than May 8, 2007. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 05/02/2007)
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Request |
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| 1029 |
Filed: 5/2/2007, Entered: None |
|
|
ORDER: (1) SCC shall transmit for in camera review to the U.S. District Courthouse in PIKEVILLE, KY, those documents from Moore & Van Allen and Nelson Mullins which were in SCC's current counsel of record's possession as of May 1, 2007, if SCC asserts a privilege to those documents. These documents shall be delivered to the undersigned's chambers by NO LATER THAN THURSDAY, MAY 3, 2007 at 1 PM, EST. If SCC does not assert a privilege regarding any of these documents and said document(s) is responsive to any of Lexmark's previous discovery requests, SCC shall transmit said document(s) directly to Lexmark in an un-redacted format no later than Thursday, May 3, 2007, at 1 PM, EST; (2) With regard to the aforementioned documents in SCC's counsel of record's possession as of May 1, 2007, these documents may be transmitted to chambers electronically and/or in a scanned format at the e-mail address, GFVT_chambers@kyed.uscourts.gov. If electronically transmitted, said documents shall be readily distinguishable from one another and easily identified by label. SCC shall EXCLUDE from this production any duplicates of documents that the Court has already considered in prior in camera review. If SCC is not sure whether a document is a true duplicate or not, SCC shall produce said document, but label it "duplicate of [relevant privilege log entry];" (3) Regarding the seven to ten bankers' boxes in Nelson Mullins' possession, which SCC's current counsel of record expects to be in its possession today, May 2, SCC shall review those documents' assert any privileges with regards to those documents, and have delivered to the U.S. District Courthouse, Clerk's Office, in LEXINGTON, KY, NO LATER THAN FRIDAY, MAY 4, 2007 at 10 AM, EST any documents on which a privilege is asserted. Any documents on which SCC does not assert a privilege and which are responsive to any of Lexmark?s prior discovery requests shall be produced directly to Lexmark in an un-redacted format no later than Friday, May 4, 2007 at 10 AM, EST; (4) With regard to said bankers' box documents on which a privilege is asserted, electronic transmission to chambers is not acceptable, and SCC shall deliver HARD COPIES (though an exact copy of a document, rather than the original, is acceptable). SCC shall EXCLUDE from this production any duplicates of documents that the Court has already considered in prior in camera review. If SCC is not sure whether a document is a true duplicate or not, SCC shall produce said document, but label it "duplicate of [relevant privilege log entry];" (5) The Court recognizes that it has placed SCC on a very tight time frame for addressing this matter. The Court finds that this time frame is absolutely necessary and just, given the imminency of trial, and further finds that any predicament in which SCC currently finds itself is of its own making; (6) This Order does not address and reserves any issues regarding sanctions; (7) The Clerk is DIRECTED to UNSEAL the Order and attachment thereto dated May 1, 2007, located at Record No. 1026 ; and (8) The Clerk is further DIRECTED to fax a copy of this Order to Alison G. Wheeler and Jennifer E. Heisinger on behalf of SCC at (303) 592-3140. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR, Mailed & faxed to Alison G. Wheeler & Jennifer E. Heisinger (Entered: 05/02/2007)
|
|
Request |
|
|
|
| 1028 |
Filed: 5/1/2007, Entered: None |
|
|
PRETRIAL MEMORANDUM by NER Data Products, Inc. Notice of Filing of Pretrial Memo (Reinemann, Michael) Modified text on 5/2/2007 (Wells, J. Michelle). (Entered: 05/01/2007)
|
|
Request |
|
|
|
| 1027 |
Filed: 5/1/2007, Entered: None |
|
|
SEALED PRETRIAL MEMORANDUM by Lexmark International, Inc. (Maintained on paper under seal). (JMW) (Entered: 05/01/2007)
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|
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|
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| 1026 |
Filed: 5/1/2007, Entered: None |
|
|
ORDER (Previously Sealed): (1) TELEPHONIC STATUS CONFERENCE is set for 5/1/2007 at 4:00 PM before Judge Gregory F. Van Tatenhove; (2) each party shall join said confernce; (3) fax order to attorneys Robertson, Loy, Ingle, Beres and McSwain; and (4) Clerk is DIRECTED to file as an attachment to this Order SCC's letter to the undersigned. Signed by Judge Gregory F. Van Tatenhove. (JMW) Modified on 5/2/2007 to unseal Order per DE 1029 (Wells, J. Michelle). (Entered: 05/01/2007)
|
|
Request |
|
|
|
| 1025 |
Filed: 4/30/2007, Entered: None |
|
|
REPLY BRIEF to 966 in Support of Counterclaim Defendants' Opening Claim Construction Brief filed by Pendl Companies, Inc., Wazana Brothers International, Inc., Static Control Components, Inc.. (Attachments: # 1 Exhibit A. USPTO Official Action# 2 Exhibit B. Amendment filed in the USPTO)(Beres, Joel) (Entered: 04/30/2007)
|
|
Request |
|
|
|
| 1024 |
Filed: 4/30/2007, Entered: None |
|
|
NOTICE OF FILING by Lexmark International, Inc. re 1023 REPLY, of Exhibit to Lexmark's Reply in Support of its Proposed Claim Construction (Patel, Binal) Modified on 5/1/2007 to indicate Exhibit 32 is located in the Clerk's Office on the shelf with other paper records (Wells, J. Michelle). (Entered: 04/30/2007)
|
|
Request |
|
|
|
| 1023 |
Filed: 4/30/2007, Entered: None |
|
|
REPLY to 949 in Support of its Proposed Claim Constructions filed by Lexmark International, Inc.. (Attachments: # 1 Exhibit 33 - 02/24/07 Letter from Patel to Smith# 2 Exhibit 34 - 04/05/07 Email from Meece to Ferrell# 3 Exhibit 35 - Excerpts of File History for '383 Patent)(Patel, Binal) Modified on 5/1/2007; Exhibit 32 to this entry is filed at DE 1024 (Wells, J. Michelle). (Entered: 04/30/2007)
|
|
Request |
|
|
|
| 1022 |
Filed: 4/27/2007, Entered: None |
|
|
Proposed Agreed Order/Stipulation to Extend Deadline to File Pretrial Memoranda by Lexmark International, Inc., Static Control Components, Inc., Pendl Companies, Inc., Wazana Brothers International, Inc., NER Data Products, Inc.. (Beres, Joel) (Entered: 04/27/2007)
|
|
Request |
|
|
|
| 1021 |
Filed: 4/27/2007, Entered: None |
|
|
ORDER re 991 Objections by Static Control Components, Inc. re 967 Memorandum Order. It is ORDERED that said objections are OVERRULED in part and SUSTAINED in part as follows: (1) SCC is excused from having to produce to Lexmark the following privilege log entries: PO4-160, PO4-164, PO4-166, PRIV #1 MVA106-MVA114, PRIV #2 MVA083-MVA085, PRIV #4 MVA 092-MVA102, PRIV #5 MVA086-MVA091, PRIV #6 MVA119-MVA124, PRIV #7, PRIV #8 MVA150-MVA176, PRIV #14, PRIV #14 MVA125-MVA127, PRIV #16 MVA057-MVA065, MVA748, MVA749-MVA760, MVA764-MVA767, MVA768-MVA770, MVA771-MVA775, MVA795-MVA-796, MVA801-MVA803; and (2) SCC's Objections 991 are otherwise OVERRULED and SCC shall produce to Lexmark the following privilege log entries in an un-redacted format on or before 4/30/07: entries which MJ Todd ordered produced by Order at Record No. 967 and which are not otherwise excused from production in this Order. Signed by Judge Gregory F. Van Tatenhove. (JMW)cc: COR (Entered: 04/27/2007)
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Request |
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