| Save 25% on a pre-paid one year subscription. |
|
|
173 |
Filed: 3/2/2012, Entered: None |
|
|
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) CHF Industries Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Park B. Smith, Ltd..(Phillips, Peter) (Entered: 03/02/2012)
|
|
Request |
 |
|
|
172 |
Filed: 2/7/2012, Entered: None |
|
|
STATUS REPORT. Document filed by Park B. Smith, Ltd..(Phillips, Peter) (Entered: 02/07/2012)
|
|
Request |
 |
|
|
171 |
Filed: 1/25/2012, Entered: None |
 |
|
STATUS REPORT ORDER: The parties are directed to electronically submit a joint status report on or before February 7, 2012 concerning the progress of the proceedings and informing the Court how they wish to proceed in the instant litigation. (Signed by Judge Andrew L. Carter, Jr on 1/25/2012) (djc) (Entered: 01/25/2012)
|
|
Request |
 |
|
|
170 |
Filed: 12/29/2011, Entered: None |
 |
|
NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Lawrence M. McKenna is no longer assigned to the case. (sjo) (Entered: 12/30/2011)
|
|
Request |
 |
|
|
169 |
Filed: 8/31/2011, Entered: None |
 |
|
SO ORDERED JOINT DISCOVERY PLAN: The parties propose the following discovery plan in this action: Fact Discovery due by 8/30/2012. Expert Depositions due by 12/10/2012. Case Dispositive Motions due by 1/15/2013. Responses due by 2/5/2013. Replies due by 2/20/2013. (Signed by Judge Lawrence M. McKenna on 8/31/2011) (ft) (Entered: 08/31/2011)
|
|
Request |
 |
|
|
168 |
Filed: 7/12/2011, Entered: None |
 |
|
MEMORANDUM AND ORDER re: 141 MOTION to Dismiss, filed by CHF Industries Inc., 143 MOTION to Substitute Party, filed by Park B. Smith Inc., 75 MOTION for Summary Judgment of Noninfringement, filed by CHF Industries Inc. and 125 MOTION for Leave to File Amended Complaint, filed by Park B. Smith Inc. For the reasons set forth within, PBS Inc.' s motion to substitute is GRANTED; CHF's motion to dismiss is DENIED; CHF's motion for summary judgment is DENIED; and PBS Inc.' s motion for leave to file an amended complaint is DENIED. (Signed by Judge Lawrence M. McKenna on 7/12/2011) (ab) (Entered: 07/12/2011)
|
|
|
 |
|
|
167 |
Filed: 5/18/2011, Entered: None |
 |
|
MEMO ENDORSEMENT on 165 MOTION OF PLAINTIFF PARK B. SMITH, INC. FOR LEAVE TO FILE A SUR-REPLY MEMORANDUM IN SUPPORT OF MOTION TO RATIFY, OR IN THE ALTERNATIVE, SUBSTITUTE THE REAL PARTY IN INTEREST. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 5/18/2011) (jpo) (Entered: 05/18/2011)
|
|
Request |
 |
|
|
166 |
Filed: 11/24/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 165 MOTION for Leave to File Proposed Sur-Reply Memorandum in Support of Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest.. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 11/24/2010)
|
|
Request |
 |
|
|
165 |
Filed: 11/24/2010, Entered: None |
|
|
MOTION for Leave to File Proposed Sur-Reply Memorandum in Support of Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest. Document filed by Park B. Smith Inc..(Phillips, Peter) (Entered: 11/24/2010)
|
|
Request |
 |
|
|
164 |
Filed: 10/18/2010, Entered: None |
 |
|
ORDER granting 161 Motion for Leave to File Document. (Signed by Judge Lawrence M. McKenna on 10/18/10) (cd) (Entered: 10/18/2010)
|
|
Request |
 |
|
|
163 |
Filed: 8/30/2010, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Todd P. Taylor on behalf of CHF Industries Inc.. New Address: Manatt, Phelps & Phillips, LLP, 700 12th Street N.W., Washington, D.C., USA 20005, 202.585.6500. (Taylor, Todd) (Entered: 08/30/2010)
|
|
Request |
 |
|
|
162 |
Filed: 8/19/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 161 MOTION for Leave to File Sur-Reply Memorandum in Further Opposition To Plaintiff Park B. Smith, Inc.'s Motion to Ratify, Or in the Alternative, Substitute the Real Part in interest. Defendant CHF Industries, Inc.'s Proposed Sur-Reply Memorandum in Further Opposition to Plaintiff Park B. Smith, Inc.'s Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit A)(Sulzer, Stephen) (Entered: 08/19/2010)
|
|
Request |
 |
|
|
161 |
Filed: 8/19/2010, Entered: None |
|
|
MOTION for Leave to File Sur-Reply Memorandum in Further Opposition To Plaintiff Park B. Smith, Inc.'s Motion to Ratify, Or in the Alternative, Substitute the Real Part in interest. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Sulzer, Stephen) (Entered: 08/19/2010)
|
|
Request |
 |
|
|
160 |
Filed: 8/10/2010, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 143 MOTION to Substitute Party. Old Party: Park B. Smith, Inc., New Party: Park B. Smith, Ltd.. Reply Memorandum Of Plaintiff Park B. Smith, Inc. In Response To Sur-Reply Memorandum of Defendant CHR Industries, Inc. In Further Opposition To Plaintiff Park B. Smith, Inc.'s Motion To Ratify, Or In The Alternative, Substitute The Real Party In Interest, and Second Supplemental Declaration Of Park B. Smith. Document filed by Park B. Smith Inc.. (Attachments: # 1 Affidavit)(Phillips, Peter) (Entered: 08/10/2010)
|
|
Request |
 |
|
|
159 |
Filed: 8/2/2010, Entered: None |
 |
|
ORDER granting 157 Motion for Leave to File Document (Sur-Reply Memorandum in Further Opposition to Plaintiff Park B. Smith, Inc.'s Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest; and the already-filed Sur-Reply is accepted. Plaintiff may file a response (not to exceed 10 pages) to such Sur-Reply. (Signed by Judge Lawrence M. McKenna on 8/2/10) (djc) (Entered: 08/02/2010)
|
|
Request |
 |
|
|
158 |
Filed: 7/30/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 157 MOTION for Leave to File Proposed Sur-Reply Memorandum in Further Opposition to Plaintiff Park B. Smith, Inc.'s Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest. Defendant CHF Industries, Inc.'s Proposed Sur-Reply Memorandum in Further Opposition to Plaintiff Park B. Smith, Inc.'s Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest. Document filed by CHF Industries Inc.. (Taylor, Todd) (Entered: 07/30/2010)
|
|
Request |
 |
|
|
157 |
Filed: 7/30/2010, Entered: None |
|
|
MOTION for Leave to File Proposed Sur-Reply Memorandum in Further Opposition to Plaintiff Park B. Smith, Inc.'s Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Taylor, Todd) (Entered: 07/30/2010)
|
|
Request |
 |
|
|
156 |
Filed: 7/26/2010, Entered: None |
 |
|
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Rudolf E. Hutz is admitted to practice pro hac vice as counsel for CHF Industries Inc. in the above captioned case in the United States District for the Southern District of New York. granting 152 Motion for Rudolf E. Hutz to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 7/26/10) (rjm) (Entered: 07/26/2010)
|
|
Request |
 |
|
|
155 |
Filed: 7/22/2010, Entered: None |
|
|
DECLARATION of Park B. Smith in Support re: 143 MOTION to Substitute Party. Old Party: Park B. Smith, Inc., New Party: Park B. Smith, Ltd... Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 07/22/2010)
|
|
Request |
 |
|
|
154 |
Filed: 7/22/2010, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 143 MOTION to Substitute Party. Old Party: Park B. Smith, Inc., New Party: Park B. Smith, Ltd... Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 07/22/2010)
|
|
Request |
 |
|
|
153 |
Filed: 7/22/2010, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 141 MOTION to Dismiss. Reply Memorandum of Law In Support of Defendant CHF Industries, Inc.'s Motion for Involuntary Dismissal with Prejudice. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit A)(Taylor, Todd) (Entered: 07/22/2010)
|
|
Request |
 |
|
|
152 |
Filed: 7/20/2010, Entered: None |
|
|
MOTION for Rudolf E. Hutz to Appear Pro Hac Vice. Document filed by CHF Industries Inc.(mbe) (Entered: 07/21/2010)
|
|
Request |
 |
|
|
151 |
Filed: 7/15/2010, Entered: None |
 |
|
NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER. IT IS HEREBY STIPULATED AND AGREED that Wiggin and Dana LLP, 450 Lexington Avenue, Suite 3800, New York, New York 10017, be and hereby is substituted for Sheppard Mullin Richter & Hampton LLP, 30 Rockefeller Plaza, 24th Floor, New York, New York 10112, as attorneys for Defendant CHF Industries Inc. in the above-captioned matter. Attorney Joseph V. Saphia for CHF Industries Inc. added. Attorney Alison Joy Arnold terminated. (Signed by Judge Lawrence M. McKenna on 7/15/10) (rjm) (Entered: 07/15/2010)
|
|
Request |
 |
|
|
150 |
Filed: 7/14/2010, Entered: None |
|
|
NOTICE of Substitution of Attorney. Old Attorney: A. Joy Arnold, New Attorney: Joseph V. Saphia, Address: Wiggin and Dana LLP, 450 Lexington Avenue, Suite 3800, New York, New York, USA 10017, 212-490-1700. Document filed by CHF Industries Inc.. (Saphia, Joseph) (Entered: 07/14/2010)
|
|
Request |
 |
|
|
149 |
Filed: 7/12/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: 141 MOTION to Dismiss.. Document filed by Park B. Smith Inc.. (Attachments: # 1 Certificate of Service, # 2 Declaration of Peter J. Phillips)(Phillips, Peter) (Entered: 07/12/2010)
|
|
Request |
 |
|
|
148 |
Filed: 7/12/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: 143 MOTION to Substitute Party. Old Party: Park B. Smith, Inc., New Party: Park B. Smith, Ltd.. Defendant CHF Industries, Inc.'s Memorandum in Opposition to Park B. Smith, Inc.'s Motion to Ratify, or in the Alternative, Substitute the Real Party in Interest. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C Part 1 of 2, # 4 Exhibit Exhibit C Part 2 of 2, # 5 Exhibit Exhibit D)(Taylor, Todd) (Entered: 07/12/2010)
|
|
Request |
 |
|
|
147 |
Filed: 6/25/2010, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Stephen L. Sulzer on behalf of CHF Industries Inc.. New Address: Manatt, Phelps & Phillips, LLP, One Metro Center, 700 12th St. NW Suite 1100, Washington, DC, USA 20005, 202-585-6500. (Sulzer, Stephen) (Entered: 06/25/2010)
|
|
Request |
 |
|
|
146 |
Filed: 6/16/2010, Entered: None |
 |
|
ORDER: 1. Plaintiff's opposition to the Motion for Involuntary Dismissal (Docket No. 141) is to be filed by July 12, 2010, and Defendant's reply is to be filed by July 22, 2010. 2. Defendant's opposition to the Motion to Ratify (Docket No. 143) is to be filed by July 12, 2010, and Plaintiffs reply is to be filed by July 22, 2010. Set Deadlines as to 143 MOTION to Substitute Party. Old Party: Park B. Smith, Inc., New Party: Park B. Smith, Ltd. 141 MOTION to Dismiss: Responses due by 7/12/2010, Replies due by 7/22/2010.) (Signed by Judge Lawrence M. McKenna on 6/16/10) (db) (Entered: 06/16/2010)
|
|
Request |
 |
|
|
145 |
Filed: 6/15/2010, Entered: None |
|
|
MOTION for Extension of Time. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order Proposed order)(Sulzer, Stephen) (Entered: 06/15/2010)
|
|
Request |
 |
|
|
144 |
Filed: 6/4/2010, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 125 MOTION for Leave to File Amended Complaint.. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 06/04/2010)
|
|
Request |
 |
|
|
143 |
Filed: 6/4/2010, Entered: None |
|
|
MOTION to Substitute Party. Old Party: Park B. Smith, Inc., New Party: Park B. Smith, Ltd.. Document filed by Park B. Smith Inc.. (Attachments: # 1 Declaration of Park B. Smith, # 2 Declaration of Richard A. DE Palma, # 3 Declaration of Thomas J. Parker)(Phillips, Peter) (Entered: 06/04/2010)
|
|
Request |
 |
|
|
142 |
Filed: 6/3/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 141 MOTION to Dismiss.. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Sulzer, Stephen) (Entered: 06/03/2010)
|
|
Request |
 |
|
|
141 |
Filed: 6/3/2010, Entered: None |
Motion to Dismiss |
|
MOTION to Dismiss. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sulzer, Stephen) (Entered: 06/03/2010)
|
|
Request |
 |
|
|
140 |
Filed: 5/21/2010, Entered: None |
 |
|
ORDER: IT IS HEREBY ORDERED that Plaintiff's reply is to be filed on June 4, 2010. (Signed by Judge Lawrence M. McKenna on 5/21/2010) (jfe) (Entered: 05/21/2010)
|
|
Request |
 |
|
|
139 |
Filed: 5/20/2010, Entered: None |
|
|
MOTION for Extension of Time to File Response/Reply as to 125 MOTION for Leave to File Amended Complaint.. Document filed by Park B. Smith Inc.. (Attachments: # 1 Text of Proposed Order)(Phillips, Peter) (Entered: 05/20/2010)
|
|
Request |
 |
|
|
138 |
Filed: 5/7/2010, Entered: None |
|
|
DECLARATION of Catherine Sadler in Opposition re: 125 MOTION for Leave to File Amended Complaint.. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 05/07/2010)
|
|
Request |
 |
|
|
137 |
Filed: 5/7/2010, Entered: None |
|
|
DECLARATION of Maria Kole in Opposition re: 125 MOTION for Leave to File Amended Complaint.. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 05/07/2010)
|
|
Request |
 |
|
|
136 |
Filed: 5/7/2010, Entered: None |
|
|
DECLARATION of Frank Foley in Opposition re: 125 MOTION for Leave to File Amended Complaint.. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 05/07/2010)
|
|
Request |
 |
|
|
135 |
Filed: 5/7/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: 125 MOTION for Leave to File Amended Complaint.. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sulzer, Stephen) (Entered: 05/07/2010)
|
|
Request |
 |
|
|
134 |
Filed: 5/6/2010, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stephen L. Sulzer dated 5/6/2010 re: Counsel respectfully request an additional 5 pages to address the many issues raised by Park B Smith, Inc's arguments for adding a new U.S. patent, an unfair competition claim, and two new parties to the case. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 5/6/2010) (jfe) (Entered: 05/07/2010)
|
|
Request |
 |
|
|
133 |
Filed: 4/30/2010, Entered: None |
 |
|
ORDER: that Defendant's opposition to the Motion is to be filed by May 7, 2010, and Plaintiffs reply is to be filed by May 21, 2010. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 4/30/2010) (tve) Modified on 5/17/2010 (tve). (Entered: 05/04/2010)
|
|
Request |
 |
|
|
132 |
Filed: 4/29/2010, Entered: None |
|
|
JOINT MOTION for Extension of Time to File. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Sulzer, Stephen) (Entered: 04/29/2010)
|
|
Request |
 |
|
|
131 |
Filed: 4/23/2010, Entered: None |
 |
|
ORDER: IT IS HEREBY ORDERED that Defendant's opposition to the Motion is to be filed by April 30, 2010, and Plaintiffs reply is to be filed by May 14, 2010. (Signed by Judge Lawrence M. McKenna on 4/23/2010) (jfe) (Entered: 04/23/2010)
|
|
Request |
 |
|
|
130 |
Filed: 4/21/2010, Entered: None |
|
|
JOINT MOTION for Extension of Time. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sulzer, Stephen) (Entered: 04/21/2010)
|
|
Request |
 |
|
|
129 |
Filed: 4/5/2010, Entered: None |
 |
|
ORDER: that Defendant's opposition to the Motion is to be filed by April 26, 2010, and Plaintiffs reply is to be filed by May 10, 2010. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 4/5/2010) (tve) (Entered: 04/05/2010)
|
|
Request |
 |
|
|
128 |
Filed: 4/2/2010, Entered: None |
|
|
JOINT MOTION for Extension of Time. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Sulzer, Stephen) (Entered: 04/02/2010)
|
|
Request |
 |
|
|
127 |
Filed: 3/26/2010, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 75 MOTION for Summary Judgment of Noninfringement, or in the Alternative, Invalidity of U.S. Patent Nos. Des. 505,039 and Des. 493,651.. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C Part 1, # 4 Exhibit C Part 2, # 5 Exhibit D)(Sulzer, Stephen) (Entered: 03/26/2010)
|
|
Request |
 |
|
|
126 |
Filed: 3/26/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 125 MOTION for Leave to File Amended Complaint.. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 03/26/2010)
|
|
Request |
 |
|
|
125 |
Filed: 3/26/2010, Entered: None |
|
|
MOTION for Leave to File Amended Complaint. Document filed by Park B. Smith Inc.. (Attachments: # 1 Proposed Amended Complaint And Jury Demand, # 2 US Patent No. D493,651, # 3 US Patent No. D505,039, # 4 Us Patent No. D499,596)(Phillips, Peter) (Entered: 03/26/2010)
|
|
Request |
 |
|
|
124 |
Filed: 3/25/2010, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stephen L. Sulzer dated 3/24/10 re: counsel for defendant requests an additional ten pages to address the numerous claim construction, non infringement and invalidity issues raised in plaintiff Park B. Smith, Inc.'s opposition brief. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 3/25/10) (dle) (Entered: 03/25/2010)
|
|
Request |
 |
|
|
123 |
Filed: 3/19/2010, Entered: None |
|
|
DEPOSITION of Ori Katzin taken on 01/13/2010.Document filed by Park B. Smith Inc.. (Attachments: # 1 01132010 transcript_part 2, # 2 Errata)(Phillips, Peter) (Entered: 03/19/2010)
|
|
Request |
 |
|
|
122 |
Filed: 3/19/2010, Entered: None |
|
|
DEPOSITION of Ori Katzin taken on 01/12/2010.Document filed by Park B. Smith Inc.. (Attachments: # 1 transcript_part 2, # 2 transcript_part 3, # 3 Errata)(Phillips, Peter) (Entered: 03/19/2010)
|
|
Request |
 |
|
|
121 |
Filed: 3/8/2010, Entered: None |
 |
|
REVISED SCHEDULING ORDER: CHF Industries, Inc.'s Reply is due by 3/26/2010. (Signed by Judge Lawrence M. McKenna on 3/8/2010) (jar) (Entered: 03/08/2010)
|
|
Request |
 |
|
|
120 |
Filed: 3/5/2010, Entered: None |
|
|
MOTION for Extension of Time to File Response/Reply. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Sulzer, Stephen) (Entered: 03/05/2010)
|
|
Request |
 |
|
|
119 |
Filed: 3/3/2010, Entered: None |
|
|
DEPOSITION of Leo F. Kavanaugh taken on 09/22/2009.Document filed by Park B. Smith Inc.. (Attachments: # 1 Errata Sheet, # 2 Exhibit no. 14, # 3 Exhibit no. 16, # 4 Exhibit no. 17, # 5 Exhibit no. 18, # 6 Exhibit no. 19)(Phillips, Peter) (Entered: 03/03/2010)
|
|
Request |
 |
|
|
118 |
Filed: 3/3/2010, Entered: None |
|
|
DEPOSITION of Nancy Ciaschini taken on 09/22/2009.Document filed by Park B. Smith Inc.. (Attachments: # 1 Errata Sheet)(Phillips, Peter) (Entered: 03/03/2010)
|
|
Request |
 |
|
|
117 |
Filed: 2/11/2010, Entered: None |
|
|
COUNTER STATEMENT TO 77 Rule 56.1 Statement, 25 Rule 56.1 Statement. Document filed by Park B. Smith Inc.. (Attachments: # 1 Certificate of Service Statement of Material Facts Rule 56.1)(Phillips, Peter) (Entered: 02/11/2010)
|
|
Request |
 |
|
|
116 |
Filed: 2/11/2010, Entered: None |
|
|
COUNTER STATEMENT TO 77 Rule 56.1 Statement, 25 Rule 56.1 Statement. Document filed by Park B. Smith Inc.. (Attachments: # 1 Certificate of Service Response to Rule 56.1 Statement)(Phillips, Peter) (Entered: 02/11/2010)
|
|
Request |
 |
|
|
115 |
Filed: 2/11/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: 75 MOTION for Summary Judgment of Noninfringement, or in the Alternative, Invalidity of U.S. Patent Nos. Des. 505,039 and Des. 493,651.. Document filed by Park B. Smith Inc.. (Attachments: # 1 Supplemental Declaration of Lindan Johnson Smith, # 2 Certificate of Service of Memorandum in Opposition to Motion and Supplemental Declaration of Linda Johnson Smith)(Phillips, Peter) (Entered: 02/11/2010)
|
|
Request |
 |
|
|
114 |
Filed: 2/11/2010, Entered: None |
|
|
CERTIFICATE OF SERVICE of Notice of Appearance served on CHF Industries, Inc. on February 11, 2010. Service was made by electronic mail. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 02/11/2010)
|
|
Request |
 |
|
|
113 |
Filed: 2/11/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Peter J. Phillips on behalf of Park B. Smith Inc. (Phillips, Peter) (Entered: 02/11/2010)
|
|
Request |
 |
|
|
112 |
Filed: 1/28/2010, Entered: None |
 |
|
MEMO ENDORSED granting re: 75 MOTION for Summary Judgment of Noninfringement, or in the Alternative, Invalidity of U.S. Patent Nos. Des. 505,039 and Des. 493,651, filed by CHF Industries Inc. ( Reply due by 3/12/2010. Response due by 2/10/2010) (Signed by Judge Lawrence M. McKenna on 1/28/10) (cd) (Entered: 01/28/2010)
|
|
Request |
 |
|
|
111 |
Filed: 1/27/2010, Entered: None |
|
|
REPLY to Response to Motion re: 109 MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment of Non-Infringement, or in the Alternative, Invalidity. Plaintiff's Reply to Defendant's Opposition to Motion #109. Document filed by Park B. Smith Inc.. (Attachments: # 1 Certificate of Service)(Phillips, Peter) (Entered: 01/27/2010)
|
|
Request |
 |
|
|
110 |
Filed: 1/27/2010, Entered: None |
|
|
RESPONSE in Opposition re: 109 MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment of Non-Infringement, or in the Alternative, Invalidity.. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Sulzer, Stephen) (Entered: 01/27/2010)
|
|
Request |
 |
|
|
109 |
Filed: 1/25/2010, Entered: None |
|
|
MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment of Non-Infringement, or in the Alternative, Invalidity. Document filed by Park B. Smith Inc.. (Attachments: # 1 Certificate of Service, # 2 Revised Scheduling Order)(Phillips, Peter) (Entered: 01/25/2010)
|
|
Request |
 |
|
|
108 |
Filed: 10/13/2009, Entered: None |
 |
|
REVISED SCHEDULING ORDER: Plaintiff's opposition to defendant's motion for summary judgment for non infringement or in the alternative, invalidity shall be served and filed on 11/13/09 or 14 days after the last deposition taken by PBS of any of the Four Declarants reperesented by Connolly Bove Lodge & Hurz LLP whichever is later. Defendant's reply to plaintiff's opposition shall be served and filed 30 days after plaintiff files and serves its opposition. (Signed by Judge Lawrence M. McKenna on 10/13/09) (dle) (Entered: 10/13/2009)
|
|
Request |
 |
|
|
107 |
Filed: 10/9/2009, Entered: None |
|
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Proposed Order) - MOTION to Approve Revised Scheduling Order entered July 16, 2009 (Docket No. 88). Document filed by Park B. Smith Inc..(Phillips, Peter) Modified on 10/13/2009 (jar). (Entered: 10/09/2009)
|
|
Request |
 |
|
|
106 |
Filed: 10/9/2009, Entered: None |
|
|
CERTIFICATE OF SERVICE of Stipulation Motion for Extention of Time served on CHF Industries, Inc. on October 9, 2009. Service was made by electronic. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 10/09/2009)
|
|
Request |
 |
|
|
105 |
Filed: 10/9/2009, Entered: None |
|
|
MOTION for Extension of Time to File Opposition To Defendant's Motion for SJ of Non-infringement, or in the alt. Invalidity. Document filed by Park B. Smith Inc..(Phillips, Peter) (Entered: 10/09/2009)
|
|
Request |
 |
|
|
104 |
Filed: 10/8/2009, Entered: None |
 |
|
MEMO ENDORSEMENT on re: 96 Objection (non-motion) filed by CHF Industries Inc. ENDORSEMENT: Objection overruled and 9/3/09 order of Judge Francis affirmed. Defendant has not shown that the 9/3/09 order is clearly erroneous or contrary to law. 28 U.S.C. 636 (a)(1)(a). So Order. (Signed by Judge Lawrence M. McKenna on 10/7/2009) (jfe) (Entered: 10/08/2009)
|
|
Request |
 |
|
|
103 |
Filed: 10/6/2009, Entered: None |
|
|
CERTIFICATE OF SERVICE of Response to Defendant's Objection to Sept 3, 2009 Order Denying Motion to Compel Discovery from Plaintiff served on CHF Industries, Inc. on 10/6/2009. Service was made by US District Court, Southern District of New York's electronic filing system. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 10/06/2009)
|
|
Request |
 |
|
|
102 |
Filed: 10/6/2009, Entered: None |
|
|
RESPONSE re: 96 Objection (non-motion) to Sept 3, 2009 Order Denying Motion to Compel Discovery from Plaintiff. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 10/06/2009)
|
|
Request |
 |
|
|
101 |
Filed: 9/30/2009, Entered: None |
|
|
NOTICE of Declaration. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit A)(Sulzer, Stephen) (Entered: 09/30/2009)
|
|
Request |
 |
|
|
100 |
Filed: 9/30/2009, Entered: None |
|
|
NOTICE of Errata re: 77 Rule 56.1 Statement. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/30/2009)
|
|
Request |
 |
|
|
99 |
Filed: 9/30/2009, Entered: None |
|
|
NOTICE of Errata re: 76 Memorandum of Law in Support of Motion,,. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/30/2009)
|
|
Request |
 |
|
|
98 |
Filed: 9/29/2009, Entered: None |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Errata) - MOTION to Amend/Correct 76 Memorandum of Law in Support of Motion,,. Document filed by CHF Industries Inc..(Sulzer, Stephen) Modified on 9/30/2009 (jar). (Entered: 09/29/2009)
|
|
Request |
 |
|
|
97 |
Filed: 9/29/2009, Entered: None |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Errata) - MOTION to Amend/Correct 77 Rule 56.1 Statement. Document filed by CHF Industries Inc..(Sulzer, Stephen) Modified on 9/30/2009 (jar). (Entered: 09/29/2009)
|
|
Request |
 |
|
|
96 |
Filed: 9/25/2009, Entered: None |
|
|
Objection re: 94 Order on Motion to Compel, Telephone Conference. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/25/2009)
|
|
Request |
 |
|
|
95 |
Filed: 9/24/2009, Entered: None |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Objection) - MOTION for Reconsideration re; 94 Order on Motion to Compel, Telephone Conference. Document filed by CHF Industries Inc..(Sulzer, Stephen) Modified on 9/25/2009 (jar). (Entered: 09/24/2009)
|
|
Request |
 |
|
|
94 |
Filed: 9/3/2009, Entered: None |
 |
|
ORDER: (1) Plaintiff shall respond to each discovery request currently outstanding no later than 30 days after the Court rules on defendant's currently pending summary judgment motion. (2) Defendant's motion to compel discovery (Docket no. 92) is denied without prejudice to renewal following submission of plaintiff's responses as set forth above. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/3/2009) Copies Mailed By Chambers.(tve) Modified on 9/15/2009 (tve). (Entered: 09/08/2009)
|
|
Request |
 |
|
|
93 |
Filed: 8/27/2009, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 92 MOTION to Compel Discovery from Plaintiff Park B. Smith, Inc... Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 08/27/2009)
|
|
Request |
 |
|
|
92 |
Filed: 8/27/2009, Entered: None |
Motion to Compel |
|
MOTION to Compel Discovery from Plaintiff Park B. Smith, Inc.. Document filed by CHF Industries Inc.. (Attachments: # 1 Text of Proposed Order)(Sulzer, Stephen) (Entered: 08/27/2009)
|
|
Request |
 |
|
|
91 |
Filed: 8/3/2009, Entered: None |
|
|
NOTICE of Attorney Withdrawal. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 08/03/2009)
|
|
Request |
 |
|
|
90 |
Filed: 7/16/2009, Entered: None |
 |
|
MEMO ENDORSEMENT ON 83 Motion for Extension of Time: ENDORSEMENT: This motion is resolved as set forth in the Revised Scheduling Order of even date herewith. So ordered. (Signed by Judge Lawrence M. McKenna on 7/16/2009) (rw) (Entered: 07/17/2009)
|
|
Request |
 |
|
|
89 |
Filed: 7/17/2009, Entered: None |
 |
|
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge James C. Francis on 7/17/2009) (tve) (Entered: 07/17/2009)
|
|
Request |
 |
|
|
88 |
Filed: 7/16/2009, Entered: None |
 |
|
REVISED SCHEDULING ORDER: Plaintiffs Opposition to Defendant's Motion for Summary Judgment for Non-Infringement, or in the Alternative, Invalidity (Docket No. 75), shall be served and filed on October 13, 2009. Defendant's Reply to Plaintiffs Opposition shall be served and filed on November 12, 2009. (Signed by Judge Lawrence M. McKenna on 7/16/2009) (jpo) (Entered: 07/16/2009)
|
|
Request |
 |
|
|
87 |
Filed: 7/16/2009, Entered: None |
 |
|
NOTICE OF SUBSTITUTION OF COUNSEL: It is hereby stipulated and agreed that Lucas & Mercanti, LLP, 475 Park Ave South, New York, New York 10016, be and hereby is substituted for Thompson Hine LLP, 335 Madison Avenue, 12th Floor, New Vork, New York 10017, as attorneys of record for plaintiff Park B. Smith Inc. in the above-captioned matter. (Signed by Judge Lawrence M. McKenna on 7/16/2009) (jpo) (Entered: 07/16/2009)
|
|
Request |
 |
|
|
86 |
Filed: 7/15/2009, Entered: None |
|
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Protective Order (Stipulated Protective order by Both Parties). Document filed by CHF Industries Inc..(Arnold, Alison) Modified on 7/16/2009 (KA). (Entered: 07/15/2009)
|
|
Request |
 |
|
|
85 |
Filed: 7/15/2009, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Peter J. Phillips on behalf of Park B. Smith Inc.. New Address: Lucas & Mercanti, LLP, 475 Park Avenue South, New York, NY, USA 10016, 212-661-8000. (Phillips, Peter) (Entered: 07/15/2009)
|
|
Request |
 |
|
|
84 |
Filed: 7/15/2009, Entered: None |
|
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time(REVISED SCHEUDLING ORDER). Document filed by Park B. Smith Inc.. (Attachments: # 1 Text of Proposed Order Revised Scheduling Order)(Phillips, Peter) Modified on 7/16/2009 (KA). (Entered: 07/15/2009)
|
|
Request |
 |
|
|
83 |
Filed: 7/15/2009, Entered: None |
|
|
MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment of Non-Infringement or in the Alternative, Invalidity. Document filed by Park B. Smith Inc..(Phillips, Peter) (Entered: 07/15/2009)
|
|
Request |
 |
|
|
82 |
Filed: 7/15/2009, Entered: None |
|
|
NOTICE of Substitution of Attorney. Old Attorney: Richard A. De Palma, New Attorney: Peter J. Phillips, Address: LUCAS & MERCANTI, LLP, 475 Park Ave South, New York, NY, USA 10016, 212-661-8000. Document filed by Park B. Smith Inc.. (Phillips, Peter) (Entered: 07/15/2009)
|
|
Request |
 |
|
|
81 |
Filed: 5/14/2009, Entered: None |
 |
|
MEMO ENDORSEMENT on NOTICE OF MOTION AND UNOPPOSED MOTION OF DEFENDANT CHF INDUSTRIES, INC. TO REINSTATE COUNTERCLAIMS DISMISSED WITHOUT PREJUDICE. ENDORSEMENT: Granted. So ordered. (Signed by Judge Lawrence M. McKenna on 5/13/2009) (jpo) (Entered: 05/14/2009)
|
|
Request |
 |
|
|
80 |
Filed: 5/12/2009, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 79 MOTION to reinstate counterclaims dismissed without prejudice. Document filed by CHF Industries Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sulzer, Stephen) Modified on 5/13/2009 (KA). (Entered: 05/12/2009)
|
|
Request |
 |
|
|
79 |
Filed: 5/12/2009, Entered: None |
|
|
MOTION to reinstate counterclaims dismissed without prejudice. Document filed by CHF Industries Inc.(Sulzer, Stephen) Modified on 5/13/2009 (KA). (Entered: 05/12/2009)
|
|
Request |
 |
|
|
78 |
Filed: 5/5/2009, Entered: None |
 |
|
ORDER TO EXTEND TIME: It is hereby ordered that the Plaintiffs opposition to the Motion is to be served and filed with this Court by ECF filing on July 15, 2009 and Defendant shall serve and file its reply with this Court by ECF on July 29, 2009. (Signed by Judge Lawrence M. McKenna on 5/5/2009) (jpo) Modified on 5/8/2009 (jpo). (Entered: 05/05/2009)
|
|
Request |
 |
|
|
77 |
Filed: 4/16/2009, Entered: None |
|
|
RULE 56.1 STATEMENT. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 04/16/2009)
|
|
Request |
 |
|
|
76 |
Filed: 4/16/2009, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 75 MOTION for Summary Judgment of Noninfringement, or in the Alternative, Invalidity of U.S. Patent Nos. Des. 505,039 and Des. 493,651.. Document filed by CHF Industries Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I, # 18 Exhibit J)(Sulzer, Stephen) (Entered: 04/16/2009)
|
|
Request |
 |
|
|
75 |
Filed: 4/16/2009, Entered: None |
Motion for Summary Judgment |
|
MOTION for Summary Judgment of Noninfringement, or in the Alternative, Invalidity of U.S. Patent Nos. Des. 505,039 and Des. 493,651. Document filed by CHF Industries Inc..(Sulzer, Stephen) (Entered: 04/16/2009)
|
|
Request |
 |
|
|
74 |
Filed: 3/30/2009, Entered: None |
|
|
NOTICE OF APPEARANCE by Rebecca Anne Brazzano on behalf of Park B. Smith Inc. (Brazzano, Rebecca) (Entered: 03/30/2009)
|
|
Request |
 |
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
73 |
Filed: 3/20/2009, Entered: None |
|
|
MOTION for Todd P. Taylor to Appear Pro Hac Vice. Document filed by CHF Industries Inc.(dle) (Entered: 03/27/2009)
|
|
Request |
 |
|
|
72 |
Filed: 3/24/2009, Entered: None |
 |
|
ORDER that the motion is granted and that Todd P. Taylor is admitted to the Bar of this Court pro hac vice. (Signed by Judge Lawrence M. McKenna on 3/24/09) (dle) (Entered: 03/24/2009)
|
|
Request |
 |
|
|
71 |
Filed: 3/17/2009, Entered: None |
 |
|
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Next pretrial conference 9/3/09 at 3:30 p.m. Depositions are not to commence prior to 6/1/09; document discovery may proceed; either side may file a motion for summary judgment without a conference or further permission. (Signed by Judge Lawrence M. McKenna on 3/17/2009) (jfe) (Entered: 03/18/2009)
|
|
Request |
 |
|
|
70 |
Filed: 3/5/2009, Entered: None |
 |
|
SO ORDERED NOTICE OF SUBSTITUTION OF COUNSEL; that Thompson Hine LLP, 335 Madison Avenue, 12th Floor, New York, New York 10017, be and hereby is substituted for Baker & McKenzie LLP, 1114 Avenue of the Americas, 4th Floor, New York, NY 10035, as attorneys for plaintiff Park B. Smith Inc. in the above-captioned matter. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 3/5/2009) (tve) Modified on 3/5/2009 (tve). (Entered: 03/05/2009)
|
|
Request |
 |
|
|
69 |
Filed: 3/4/2009, Entered: None |
|
|
NOTICE of Substitution of Attorney. Old Attorney: Kathryn M. Ryan, New Attorney: Richard A. DePalma, Address: Thompsom Hine LLP, 335 Madison Avenue, 12th Floor, New York, New York, USA 10017, 212-344-5680. Document filed by Park B. Smith Inc.. (De Palma, Richard) (Entered: 03/04/2009)
|
|
Request |
 |
|
|
68 |
Filed: 3/4/2009, Entered: None |
|
|
MANDATE of USCA for the Federal Circuit (Certified Copy) as to 65 Notice of Appeal filed by Park B. Smith Inc., 66 Amended Notice of Appeal to the Federal Circuit, filed by Park B. Smith Inc. USCA Case Number 2008-1320. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED AND REMANDED. Jan Horbaly, Clerk USCA for the Federal Circuit. Issued As Mandate: 2/27/2009. (nd) Modified on 3/4/2009 (nd). (Entered: 03/04/2009)
|
|
Request |
 |
|
|
67 |
Filed: 5/6/2008, Entered: None |
 |
|
JOINT STIPULATION AND ORDER OF DISMISSAL that CHF's Counterclaims are hereby voluntarily dismissed without prejudice. Each party shall bear its own Attorneys' fees, expenses, and costs. (Signed by Judge Lawrence M. McKenna on 5/6/08) (pl) Modified on 5/6/2008 (pl). (Entered: 05/06/2008)
|
|
Request |
 |
|
|
66 |
Filed: 4/9/2008, Entered: None |
|
|
AMENDED NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 64 Clerk's Judgment. Document filed by Park B. Smith Inc. Filing fee $ 455.00, receipt number E 647048. ( 65 Notice of Appeal returned from USCA Second Circuit and is being forwarded to Federal Circuit along with this Amended Notice.) (tp) (Entered: 04/22/2008)
|
|
Request |
 |
|
|
65 |
Filed: 4/9/2008, Entered: None |
|
|
NOTICE OF APPEAL from 64 Clerk's Judgment. Document filed by Park B. Smith Inc. Filing fee $ 455.00, receipt number E 647048. (Notice of Appeal deleted in error and now Reentered.) (tp) (Entered: 04/22/2008)
|
|
Request |
 |
|
|
64 |
Filed: 3/10/2008, Entered: None |
|
|
CLERK'S JUDGMENT in favor of CHF Industries Inc. against Park B. Smith Inc.. granting deft's motion for summary judgment for noninfingement and denying pltff's motion (Signed by J. Michael McMahon, Clerk on 3/10/08) (jf) (Additional attachment(s) added on 3/10/2008: # 1 NOTICE OF RIGHT TO APPEAL) (jf). (Entered: 03/10/2008)
|
|
Request |
 |
|
|
63 |
Filed: 3/6/2008, Entered: None |
 |
|
ORDER denying 33 Motion for Summary Judgment; granting 24 Motion for Summary Judgment and defendant's motion for summary judgment of invalidity of the '651 patent is denied. The Clerk is directed to enter judgment in favor of Defendant dismissing the complaint. (Signed by Judge Lawrence M. McKenna on 3/6/08) (cd). (Entered: 03/07/2008)
|
|
Request |
 |
|
|
62 |
Filed: 10/1/2007, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Alison Joy Arnold on behalf of CHF Industries Inc.. New Address: Heller Ehrman LLP, Times Square Tower, 7 Times Square, New York, New York, 10036-6524, (212) 763-7600. (pl) (Entered: 10/02/2007)
|
|
Request |
 |
|
|
61 |
Filed: 9/25/2007, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Alison Joy Arnold on behalf of CHF Industries Inc.. New Address: Heller Ehrman LLP, Times Square Tower, 7 Times Square, New York, New York, USA 10036-6524, (212) 832-8300. (Arnold, Alison) (Entered: 09/25/2007)
|
|
Request |
 |
|
|
60 |
Filed: 5/29/2007, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Stephen L. Sulzer on behalf of CHF Industries Inc.. New Address: Connolly Bove Lodge & Hutz LLP, 1875 Eye Street N.W., Suite 1100, Washington, DC, USA 20006, 202-331-7111. (Sulzer, Stephen) (Entered: 05/29/2007)
|
|
Request |
 |
|
|
59 |
Filed: 5/29/2007, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by James P. Calve on behalf of CHF Industries Inc.. New Address: Connolly Bove Lodge & Hutz LLP, 1875 Eye Street N.W., Suite 1100, Washington, DC, USA 20006, 202-331-7111. (Calve, James) (Entered: 05/29/2007)
|
|
Request |
 |
|
|
58 |
Filed: 11/27/2006, Entered: None |
 |
|
ORDER; that discovery is stayed pending determination of the summary judgment motions currently before Judge Mckenna. Counsel shall advise me promptly when those motions are decided. Additional relief as set forth in this Order. (Signed by Judge James C. Francis on 11/27/06) (pl, ) (Entered: 11/27/2006)
|
|
Request |
 |
|
|
57 |
Filed: 10/3/2006, Entered: None |
|
|
RESPONSE in Support re: 33 CROSS MOTION for Summary Judgment Partial of Infringement. Response to Sur-Reply. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 10/03/2006)
|
|
Request |
 |
|
|
56 |
Filed: 10/3/2006, Entered: None |
 |
|
MEMORANDUM AND ORDER granting 50 Motion to Approve file sur-reply memorandum, granting 53 Motion for Leave to File Document (not to exceed ten (10) pages by 10/3/06). (Signed by Judge Lawrence M. McKenna on 9/18/06) Copies Mailed by Chambers.(db, ) (Entered: 10/03/2006)
|
|
Request |
 |
|
|
55 |
Filed: 9/13/2006, Entered: None |
|
|
RESPONSE in Support re: 53 MOTION for Leave to File Sur-Reply.. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/13/2006)
|
|
Request |
 |
|
|
54 |
Filed: 9/12/2006, Entered: None |
|
|
RESPONSE to Motion re: 53 MOTION for Leave to File Sur-Reply.. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 09/12/2006)
|
|
Request |
 |
|
|
53 |
Filed: 9/12/2006, Entered: None |
|
|
MOTION for Leave to File Sur-Reply. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/12/2006)
|
|
Request |
 |
|
|
52 |
Filed: 9/11/2006, Entered: None |
|
|
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Motion and Motion for Leave to File a Sur-Reply to Plaintiff Park B. Smith, Inc.'s Reply Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment of Infringement re: 50 MOTION to Approve Leave to File a Sur-Reply to Plaintiff Park B. Smith, Inc.'s Reply Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Partial Summary Judgment of Infringement., 51 Reply Memorandum of Law in Oppisition to Motion,. Document filed by CHF Industries Inc.. (Sulzer, Stephen) Modified on 9/12/2006 (gf, ). (Entered: 09/11/2006)
|
|
Request |
 |
|
|
51 |
Filed: 9/11/2006, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Opposition re: 33 CROSS MOTION for Summary Judgment Partial of Infringement. Defendant CHF Industries, Inc.'s Sur-Reply to Plaintiff Park B. Smith, Inc.'s Reply Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Partial Summary Judgment of Infringement. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/11/2006)
|
|
Request |
 |
|
|
50 |
Filed: 9/11/2006, Entered: None |
|
|
MOTION to Approve Leave to File a Sur-Reply to Plaintiff Park B. Smith, Inc.'s Reply Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Partial Summary Judgment of Infringement. Document filed by CHF Industries Inc.. (Sulzer, Stephen) (Entered: 09/11/2006)
|
|
Request |
 |
|
|
49 |
Filed: 9/1/2006, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 33 CROSS MOTION for Summary Judgment Partial of Infringement.. Document filed by Park B. Smith Inc.. (Attachments: # 1 Exhibit 1# 2 Certificate of Service)(Ryan, Kathryn) (Entered: 09/01/2006)
|
|
Request |
 |
|
|
48 |
Filed: 8/24/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Kathryn M. Ryan dated 8/23/06 re: a request a one-week extension of time from 8/25/06 to 9/1/06 to file reply papers. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 8/24/06) (kco, ) (Entered: 08/24/2006)
|
|
Request |
 |
|
|
47 |
Filed: 8/9/2006, Entered: None |
|
|
DECLARATION of Ori Katzin in Support re: 33 CROSS MOTION for Summary Judgment Partial of Infringement., 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 08/09/2006)
|
|
Request |
 |
|
|
46 |
Filed: 8/9/2006, Entered: None |
|
|
DECLARATION of Paul E. Leconte in Support re: 33 CROSS MOTION for Summary Judgment Partial of Infringement., 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 08/09/2006)
|
|
Request |
 |
|
|
45 |
Filed: 8/9/2006, Entered: None |
|
|
COUNTER STATEMENT TO 25 Rule 56.1 Statement. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 08/09/2006)
|
|
Request |
 |
|
|
44 |
Filed: 8/9/2006, Entered: None |
|
|
NOTICE of Appendix to Defendant CH,F, Inc.'s Consolidated Reply Memorandum re: 43 Reply Memorandum of Law in Support of Motion,. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 08/09/2006)
|
|
Request |
 |
|
|
43 |
Filed: 8/9/2006, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 33 CROSS MOTION for Summary Judgment Partial of Infringement., 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 08/09/2006)
|
|
Request |
 |
|
|
42 |
Filed: 8/4/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stephen Sulzer dated 8/2/06 re: counsel for dft requests permission to file hard copies of exhibits. Granted. (Signed by Judge Lawrence M. McKenna on 8/4/06) (dle, ) (Entered: 08/04/2006)
|
|
Request |
 |
|
|
41 |
Filed: 7/27/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. Mckenna from Stephen L. Sulzer dated 7/26/2006 re: requesting an extension of time from 7/31/2006 to 8/9/2006 for CHF to file its reply memorandum in support of its motion for summary judgment ;if PBS receives an extension of time from 8/15/2006 to 8/25/2006 to file its reply memorandum, CHF does not object; CHF also seeks leave to file its submissions in the form of a single consolidated memorandum of law that would combine CHF's reply memorandum in support of its motion for summary judgment with its memorandum in opposition to PBS's cross motion. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/27/2006) (lb, ) (Entered: 07/28/2006)
|
|
Request |
 |
|
|
40 |
Filed: 7/27/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge McKenna from Stephen L. Sulzer dated 7/26/06 re: counsel requests an extension of time from July 31, 1006 to August 9, 2006 for CHF to file its reply memorandum in support of its motion for summary judgment.....; Approved (Signed by Judge Lawrence M. McKenna on 7/27/06) (djc, ) (Entered: 07/27/2006)
|
|
Request |
 |
|
|
39 |
Filed: 7/24/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge James C. Francis from Kathryn Ryan dated 7/10/06 re: Counsel writes to request an informal conference with the Court in advance of Park B. Smith's prospective motion for a protective order against defendant CHF Industries, Inc.'s CHF's First requests for admissions are patently abusive, and plaintiff need not respond to them. So Ordered. (Signed by Judge James C. Francis on 7/20/06) (jco, ) (Entered: 07/24/2006)
|
|
Request |
 |
|
|
38 |
Filed: 6/30/2006, Entered: None |
|
|
RESPONSE to Motion re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office). Response to Local R. 56.1 Statement. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 06/30/2006)
|
|
Request |
 |
|
|
37 |
Filed: 6/30/2006, Entered: None |
|
|
CROSS MOTION for Summary Judgment Certificate of Service. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 06/30/2006)
|
|
Request |
 |
|
|
36 |
Filed: 6/30/2006, Entered: None |
|
|
CROSS MOTION for Summary Judgment Ex. 1 to Brief. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 06/30/2006)
|
|
Request |
 |
|
|
35 |
Filed: 6/30/2006, Entered: None |
|
|
CROSS MOTION for Summary Judgment Brief. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 06/30/2006)
|
|
Request |
 |
|
|
34 |
Filed: 6/30/2006, Entered: None |
|
|
CROSS MOTION for Summary Judgment Loacl Rule 56.1 Statement. Document filed by Park B. Smith Inc.. (Ryan, Kathryn) (Entered: 06/30/2006)
|
|
Request |
 |
|
|
33 |
Filed: 6/30/2006, Entered: None |
|
|
CROSS MOTION for Summary Judgment Partial of Infringement. Document filed by Park B. Smith Inc.. (Attachments: # 1 Affidavit Linda Smith# 2 Affidavit De Palma Declaration# 3 Affidavit Durkin Declaration# 4 Exhibit Exhibit A# 5 Exhibit Exhibit B# 6 Exhibit Exhibit C# 7 Exhibit Exhibit D# 8 Exhibit Exhibit E# 9 Exhibit Exhibit F# 10 Exhibit Exhibit G# 11 Exhibit Exhibit H# 12 Exhibit Exhibit I# 13 Exhibit Exhibit J 1-40# 14 Exhibit Ex. J 41-80# 15 Exhibit Ex. J. 81-125# 16 Exhibit Exhibit J 126-164# 17 Exhibit Exhibit J 165-216# 18 Exhibit Exhibit J 217-278# 19 Exhibit Exhibit J 279-329# 20 Exhibit Exhibit J 330-419# 21 Exhibit Exhibit J 420-478# 22 Exhibit Exhibit K)(Ryan, Kathryn) (Entered: 06/30/2006)
|
|
Request |
 |
|
|
32 |
Filed: 5/1/2006, Entered: None |
|
|
DECLARATION of Jenifer Thoden in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc.. (cd, ) (Entered: 05/02/2006)
|
|
Request |
 |
|
|
31 |
Filed: 5/1/2006, Entered: None |
|
|
DECLARATION of Nancy Ciaschini in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc.. (cd, ) (Entered: 05/02/2006)
|
|
Request |
 |
|
|
30 |
Filed: 5/1/2006, Entered: None |
|
|
DECLARATION of Paul Leconte in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc.. (cd, ) (Entered: 05/02/2006)
|
|
Request |
 |
|
|
29 |
Filed: 5/1/2006, Entered: None |
|
|
DECLARATION of Ori Katzin in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc.. (cd, ) (Entered: 05/02/2006)
|
|
Request |
 |
|
|
28 |
Filed: 5/1/2006, Entered: None |
|
|
DECLARATION of Leo Kavanaugh in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc.. (cd, ) (Entered: 05/02/2006)
|
|
Request |
 |
|
|
27 |
Filed: 5/1/2006, Entered: None |
|
|
DECLARATION of Nari Jal Mehta in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office).. Document filed by CHF Industries Inc.. (cd, ) (Entered: 05/02/2006)
|
|
Request |
 |
|
|
26 |
Filed: 5/1/2006, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office). Corrected Memorandum of Law with Certificate of Service and Errata attached re Memorandum of Law electronically filed as Document No. 22 on April 28. 2006. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Errata to Memorandum of Law)(Arnold, Alison) (Entered: 05/01/2006)
|
|
Request |
 |
|
|
25 |
Filed: 5/1/2006, Entered: None |
|
|
RULE 56.1 STATEMENT. Document filed by CHF Industries Inc., CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 05/01/2006)
|
|
Request |
 |
|
|
24 |
Filed: 5/1/2006, Entered: None |
Motion for Summary Judgment |
|
MOTION for Summary Judgment of Infringement ( Document no. 20 re-filed as directed by notice from the Clerk's Office). Document filed by CHF Industries Inc., CHF Industries Inc.. Responses due by 5/12/2006 (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 05/01/2006)
|
|
Request |
 |
|
|
23 |
Filed: 4/28/2006, Entered: None |
|
|
CERTIFICATE OF SERVICE of Memorandum of Law in Support of Defendant CHF Industries, Inc.'s Motion for Entry of Summary Judgment of Noninfringement of U.S. Patent Nos. Des. 505,039 and 493,651 and Invalidity of Des. 493,651 served on Park B. Smith Inc. on 04/28/2006. Document filed by CHF Industries Inc., CHF Industries Inc.. (Arnold, Alison) (Entered: 04/28/2006)
|
|
Request |
 |
|
|
22 |
Filed: 4/28/2006, Entered: None |
|
|
FILING ERROR -DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment of Noninfringement. Document filed by CHF Industries Inc., CHF Industries Inc. (Arnold, Alison) (Entered: 04/28/2006)
|
|
Request |
 |
|
|
21 |
Filed: 4/28/2006, Entered: None |
|
|
CERTIFICATE OF SERVICE of Notice of Motion and Motion of Defendant CHF Industries, Inc. for Entry of Summary Judgment of Noninfringement of U.S. Patent Nos. Des. 505,039 and Des. 493,651 and Invalidity of Des. 493,651 and Statement of Material Facts served on Park B. Smith Inc. on 04/28/2006. Document filed by CHF Industries Inc., CHF Industries Inc.. (Arnold, Alison) (Entered: 04/28/2006)
|
|
Request |
 |
|
|
20 |
Filed: 4/28/2006, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment of Noninfringement. Document filed by CHF Industries Inc., CHF Industries Inc. Responses due by 5/12/2006 (Attachments: # 1 Statement of Material Facts)(Arnold, Alison) Modified on 5/1/2006 (kg). (Entered: 04/28/2006)
|
|
Request |
 |
|
|
19 |
Filed: 4/13/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stephen Sulzer dated 4/11/06 re: counsel requests permission to file the exhibits to the declarations in support of summary judgment motion as hard copies. Approved and so ordered. (Signed by Judge Lawrence M. McKenna on 4/12/06) (dle, ) (Entered: 04/14/2006)
|
|
Request |
 |
|
|
18 |
Filed: 4/13/2006, Entered: None |
|
|
REPLY re: 15 Answer to Complaint, Counterclaim. Document filed by Park B. Smith Inc., Park B. Smith Inc.. (Attachments: # 1 Certificate of Service)(Ryan, Kathryn) (Entered: 04/13/2006)
|
|
Request |
 |
|
|
17 |
Filed: 4/5/2006, Entered: None |
 |
|
LETTER addressed to Judge Lawrence M. McKenna from Stephen L. Sulzer dated 4/3/06 re: response to plaintiff's 3/31/06 letter. Document filed by CHF Industries Inc.(db, ) (Entered: 04/06/2006)
|
|
Request |
 |
|
|
16 |
Filed: 4/3/2006, Entered: None |
 |
|
ENDORSED LETTER: addressed to Judge Larence M. Mckenna from Richard De Palma dated 3/31/2006 re: respectfully requesting that the Court grant an adjournment of the conference. ENDORSEMENT: Conference adjourned to 4/17/2006 at 4:30 p.m. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/3/2006) (lb, ) (Entered: 04/03/2006)
|
|
Request |
 |
|
|
15 |
Filed: 3/24/2006, Entered: None |
|
|
ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Park B. Smith Inc.. Document filed by CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 03/24/2006)
|
|
Request |
 |
|
|
14 |
Filed: 3/24/2006, Entered: None |
|
|
RULE 7.1 DISCLOSURE STATEMENT. Document filed by CHF Industries Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 03/24/2006)
|
|
Request |
 |
|
|
13 |
Filed: 3/20/2006, Entered: None |
 |
|
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for GENERAL PRETRIAL. Referred to Magistrate Judge James C. Francis. (Signed by Judge Lawrence M. McKenna on 3/14/06) (kco, ) (Entered: 03/21/2006)
|
|
Request |
 |
|
|
12 |
Filed: 3/20/2006, Entered: None |
 |
|
CASE MANAGEMENT PLAN and SCHEDULING ORDER: Discovery due by 11/30/2006. (Signed by Judge Lawrence M. McKenna on 3/14/06) (kco, ) (Entered: 03/21/2006)
|
|
Request |
 |
|
|
11 |
Filed: 3/1/2006, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from A. Joy Arnold dated 2/22/2006 re: defendant requests that this case be returned to the Clerk's office. ENDORSEMENT: Denied. Judge Batts has declined to accept the case as related. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 3/1/2006) (kco, ) (Entered: 03/01/2006)
|
|
Request |
 |
|
|
10 |
Filed: 2/27/2006, Entered: None |
 |
|
ORDER that the motion is granted and that James P. Calve is admitted to the Bar of this Court pro hac vice. (Signed by Judge Lawrence M. McKenna on 2/27/2006) (jmi, ) (Entered: 02/27/2006)
|
|
Request |
 |
|
|
9 |
Filed: 2/27/2006, Entered: None |
 |
|
ORDER that the motion is granted and that Stephen is admitted to the Bar of this Court pro hac vice. (Signed by Judge Lawrence M. McKenna on 2/27/2006) (jmi, ) (Entered: 02/27/2006)
|
|
Request |
 |
|
|
8 |
Filed: 2/23/2006, Entered: None |
 |
|
ORDER granting 4 Motion for Stephen L. Sulzer to Appear Pro Hac Vice . (Signed by Judge Lawrence M. McKenna on 2/23/06) (js, ) (Entered: 02/24/2006)
|
|
Request |
 |
|
|
7 |
Filed: 2/23/2006, Entered: None |
 |
|
ORDER granting 5 Motion for James P. Calve to Appear Pro Hac Vice . (Signed by Judge Lawrence M. McKenna on 2/23/06) (js, ) (Entered: 02/24/2006)
|
|
Request |
 |
|
|
6 |
Filed: 2/23/2006, Entered: None |
 |
|
STIPULATION AND ORDER; that the time within which dft. CHF Industries, Inc. must answer, move, or otherwise respond to the Complaint and Jury Demand of Plaintiff Park B. Smith shall be extended to 3/24/06. (Signed by Judge Lawrence M. McKenna on 2/23/06) (pl, ) (Entered: 02/23/2006)
|
|
Request |
 |
|
|
5 |
Filed: 2/22/2006, Entered: None |
|
|
MOTION for an order, admitting James P. Calve to Appear Pro Hac Vice. Document filed by CHF Industries Inc.. (sac, ) (Entered: 02/23/2006)
|
|
Request |
 |
|
|
4 |
Filed: 2/22/2006, Entered: None |
|
|
MOTION for an order, admitting Stephen L. Sulzer to Appear Pro Hac Vice. Document filed by CHF Industries Inc.. (sac, ) (Entered: 02/23/2006)
|
|
Request |
 |
|
|
3 |
Filed: 2/8/2006, Entered: None |
|
|
AFFIDAVIT OF SERVICE of Summons and Complaint. CHF Industries Inc. served on 2/3/2006, answer due 2/23/2006. Service was accepted by Camillo Faraone, Chief Financial Officer. Document filed by Park B. Smith Inc.. (Bush, Lindsay) (Entered: 02/08/2006)
|
|
Request |
 |
|
|
2 |
Filed: 2/3/2006, Entered: None |
|
|
RULE 7.1 DISCLOSURE STATEMENT. Document filed by Park B. Smith Inc..(js, ) Additional attachment(s) added on 2/6/2006 (laq, ). (Entered: 02/03/2006)
|
|
Request |
 |
|
|
1 |
Filed: 2/3/2006, Entered: None |
|
|
COMPLAINT against CHF Industries Inc.. (Filing Fee $ 250.00, Receipt Number 569225)Document filed by Park B. Smith Inc..(js, ) Additional attachment(s) added on 2/6/2006 (laq, ). (Entered: 02/03/2006)
|
|
Request |
 |