Adams, et al v. Gateway

Federal Court Proceeding Utah District Court, Case No. Unknown
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Parties
No Logo Phillip M. Adams, Plaintiff

Represented by HOWARD ANDERSEN HANSEN & EVES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kevin A Howard +1 801 366 7471

Represented by Phillips Ryther & Winchester LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gregory D Phillips +1 801 366 7471 +1 801 366 7706 gdp@prwlawfirm.com
ATTORNEY TO BE NOTICED Cody Z Winchester scv@prwlawfirm.com
No Logo Phillip M. Adams & Associates LLC, Plaintiff

Represented by HOWARD ANDERSEN HANSEN & EVES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kevin A Howard +1 801 366 7471

Represented by Phillips Ryther & Winchester LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gregory D Phillips +1 801 366 7471 +1 801 366 7706 gdp@prwlawfirm.com
ATTORNEY TO BE NOTICED Cody Z Winchester scv@prwlawfirm.com
No Logo Gateway, Counter-Claimant

Represented by adlerandmccabe.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joseph Covey +1 801 532 7840

Represented by Chapman & Cutler LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David M. Connors +1 801 320 6700

Represented by FOURTH DISTRICT COURT

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer A. Brown +1 435 623 0901

Represented by SAVAGE YEATES & WALDRON PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED E. Scott Savage +1 801 328 2200 ssavage@sywlaw.com

Represented by Simpson Thacher & Bartlett LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jeffrey Eric Ostrow +1 650 251 5030 +1 650 251 5002 jostrow@stblaw.com
v.
No Logo Gateway, Defendant

Represented by adlerandmccabe.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joseph Covey +1 801 532 7840

Represented by Buether Joe & Carpenter

Name Phone Fax E-Mail
PRO HAC VICE Brian Andrew Carpenter +1 214 466 1273 +1 214 635 1829 brian.carpenter@BJCIPlaw.com

Represented by Chapman & Cutler LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David M. Connors +1 801 320 6700

Represented by FOURTH DISTRICT COURT

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer A. Brown +1 435 623 0901

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John R. Posthumus +1 303 572 6572 +1 303 572 6540 posthumusj@gtlaw.com

Represented by LeBoeuf Lambe Greene & MacRae, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David G. Hetzel +1 860 293 3509
ATTORNEY TO BE NOTICED Dennis F. Kerrigan +1 203 293 3500

Represented by Merchant & Gould, PC

Name Phone Fax E-Mail
PRO HAC VICE George G. Matava +1 303 357 1670 +1 303 357 1671 gmatava@merchantgould.com

Represented by SAVAGE YEATES & WALDRON PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED E. Scott Savage +1 801 328 2200 ssavage@sywlaw.com

Represented by Simpson Thacher & Bartlett LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jeffrey Eric Ostrow +1 650 251 5030 +1 650 251 5002 jostrow@stblaw.com
No Logo Phillip M. Adams, Counter-Defendant

Represented by HOWARD ANDERSEN HANSEN & EVES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kevin A Howard +1 801 366 7471

Represented by Phillips Ryther & Winchester LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gregory D Phillips +1 801 366 7471 +1 801 366 7706 gdp@prwlawfirm.com
No Logo Phillip M. Adams & Associates LLC, Counter-Defendant

Represented by HOWARD ANDERSEN HANSEN & EVES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kevin A Howard +1 801 366 7471

Represented by Phillips Ryther & Winchester LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gregory D Phillips +1 801 366 7471 +1 801 366 7706 gdp@prwlawfirm.com
Other Parties
No Logo Compaq Computers, Interested Party

Represented by Stoel Rives, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED JOHN A. ANDERSON +1 801 578 6930 +1 801 578 6999 jaanderson@stoel.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin B. Palmer +1 801 328 3131 jbpalmer@stoel.com
Dell, Inc. Dell, Inc., Movant
Officer/Director, Dell International L.l.c.
Dell Computer Corporation Officer/Director, Dell Computer Corporation
Officer/Director, Perot Systems Corp
Officer/Director, Quest Software, Inc.
VMware, Inc. Officer/Director, VMware, Inc.

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
TERMINATED: 07/25/2006, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Reginald J. Hill +1 312 222 9350 rhill@jenner.com

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darren K. Nelson +1 801 532 7840
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Terry E. Welch +1 801 532 7840
No Logo Fujitsu Computer Systems, Movant

Represented by Holland & Hart LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Janna Lewis +1 801 799 5937

Represented by Maschoff Brennan Laycock Gilmore Israelsen & Wright, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sterling A. Brennan +1 949 202 1900 +1 949 453 1104 sbrennan@mabr.com
ATTORNEY TO BE NOTICED David R. Wright +1 435 252 1360 dwright@mabr.com

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Allen Jacobs +1 415 268 7000 +1 415 268 7522 mjacobs@mofo.com

Represented by Pittam, John David

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Parisa Jorjani +1 415 268 7000
No Logo Fujitsu Ltd., Movant
Officially listed as "Fujitsu Limited"

Represented by Holland & Hart LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Janna Lewis +1 801 799 5937

Represented by Maschoff Brennan Laycock Gilmore Israelsen & Wright, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sterling A. Brennan +1 949 202 1900 +1 949 453 1104 sbrennan@mabr.com
ATTORNEY TO BE NOTICED David R. Wright +1 435 252 1360 dwright@mabr.com

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Allen Jacobs +1 415 268 7000 +1 415 268 7522 mjacobs@mofo.com

Represented by Pittam, John David

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Parisa Jorjani +1 415 268 7000
Hewlett-Packard Company Hewlett-Packard Company, Movant
Officially listed as "Hewlett Packard"
Officer/Director, Navisite, Inc.
Officer/Director, E-cruiter.com Inc.
Officer/Director, Novadigm, Inc.

Represented by Drinker Biddle & Reath LLP

Name Phone Fax E-Mail
TERMINATED: 05/14/2004, ATTORNEY TO BE NOTICED Patricia Proctor +1 215 988 2700

Represented by Morgan, Lewis & Bockius, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John F. Schultz +1 215 963 5385 +1 215 963 5001 john.schultz@morganlewis.com

Represented by Stoel Rives, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED JOHN A. ANDERSON +1 801 578 6930 +1 801 578 6999 jaanderson@stoel.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin B. Palmer +1 801 328 3131 jbpalmer@stoel.com
Intel Corporation Intel Corporation, Movant
VMware, Inc. Officer/Director, VMware, Inc.
Officer/Director, Clearwire Corp
Officer/Director, New Clearwire CORP
Officer/Director, Intel Capital (cayman) Corp
Officer/Director, Synacor, Inc.
Officer/Director, Cloudera, Inc.
Officer/Director, Vuzix Corp
Officer/Director, Intel Pacific Inc
Officer/Director, Wind River Systems, Inc.
Officer/Director, McAfee Corp.
Officer/Director, Intel Americas, Inc.

Represented by DLA Piper (US) LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Randall Evan Kay +1 619 669 2800 +1 619 764 6700 randy.kay@dlapiper.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Megan Whyman Olesek +1 650 833 2000

Represented by Edizone, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Casey K. McGarvey +1 801 936 1039

Represented by Ito, Hidenobu (nmi)

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Aaron Wainscoat +1 650 833 2000

Represented by SAVAGE YEATES & WALDRON PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED E. Scott Savage +1 801 328 2200 ssavage@sywlaw.com

Represented by Simpson Thacher & Bartlett LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jeffrey Eric Ostrow +1 650 251 5030 +1 650 251 5002 jostrow@stblaw.com
International Business Machines Corporation International Business Machines Corporation, Movant
Officer/Director, Unison Software, Inc.
Officer/Director, Crossworlds Software, Inc.

Represented by THIRD DISTRICT COURT

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Todd M. Shaughnessy +1 801 238 7300
No Logo Lenovo (United States), Movant

Represented by Kuntzman, Michael Louis

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Catherine Agnoli +1 801 532 1234
No Logo MPC Computers, Movant

Represented by Ray, Quinney & Nebeker-SLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Arthur B. Berger +1 801 532 1500
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Rick B. Hoggard +1 801 532 1500
National Semiconductor Corporation National Semiconductor Corporation, Movant

Represented by WASATCH-IP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Charles L. Roberts +1 801 292 5300

Represented by Weil Gotshal & Manges LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Brian E. Ferguson +1 202 682 7516 +1 202 857 0940

Represented by Workman Nydegger, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Matthew A Barlow +1 801 533 9800 mbarlow@wnlaw.com
Sony Electronics, Inc. Sony Electronics, Inc., Movant
Officially listed as "Sony Electronics"

Represented by Ray, Quinney & Nebeker-SLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Arthur B. Berger +1 801 532 1500
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Rick B. Hoggard +1 801 532 1500
United States of America United States of America, Notice Party

Represented by Law Offices of Eric A. Overby

Name Phone Fax E-Mail
TERMINATED: 01/20/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Eric A. Overby +1 801 325 3233

Represented by United States Department of Justice

Name Phone Fax E-Mail
TERMINATED: 11/17/2004 Arnold M. Auerhan +1 202 307 0278 +1 202 616 3085 arnold.auerhan@usdoj.gov
TERMINATED: 11/17/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael F. Hertz +1 202 307 0240 +1 202 305 7797 michael.hertz@usdoj.gov
Attributes
Timeline
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Legal Document (Payment Possibly Required) 582 Filed: 7/26/2006, Entered: None
MOTION to Withdraw Motion to Intervene to Have the Record Unsealed filed by Movant Dell, Inc.. (Welch, Terry) (Entered: 07/26/2006)
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Legal Document (Payment Possibly Required) 581 Filed: 7/25/2006, Entered: None Court Filing
ORDER GRANTING MOTION TO WITHDRAW MOTION TO INTERVENE TO HAVE THE RECORD UNSEALED AND DENYING AS MOOT MOTIONS FOR EXTENSION OF TIME-withdrawing 568 Motion to Unseal Case, withdrawing 570 Motion to Unseal Case, denying 575 Motion for Extension of Time to File Response/Reply, denying 576 Motion for Extension of Time to File Response/Reply, denying 577 Motion for Extension of Time to File Response/Reply . Signed by Judge Ted Stewart on 7/25/06.(jmr, ) (Entered: 07/26/2006)
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Legal Document (Payment Possibly Required) 580 Filed: 7/25/2006, Entered: None
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Matthew M. Neumeier, Reginald J. Hill and Benjamin J. Bradford, for Movant Dell, Inc. (kla, ) (Entered: 07/25/2006)
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Legal Document (Payment Possibly Required) 579 Filed: 7/25/2006, Entered: None
NOTICE OF DEFICIENCY re 578 MOTION to Withdraw MOTION TO INTERVERNE TO HAVE THE RECORD UNSEALED. The document was efiled by an attorney that is not admitted Pro Hac Vice in this case. Attorneys are required to be admitted Pro Hac Vice in every case that they intend to appear in. Since Mr. Hill is not admitted in this case he is not allowed to file in this case. Mr. Hill will be removed as a counsel of record in this case until such time as he is admitted Pro Hac Vice. The motion will be terminated as it is not a properly filed motion. (kla, ) (Entered: 07/25/2006)
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Legal Document (Payment Possibly Required) 578 Filed: 7/21/2006, Entered: None
MOTION to Withdraw MOTION TO INTERVERNE TO HAVE THE RECORD UNSEALED filed by Movant Dell, Inc.. (Hill, Reginald) (Entered: 07/21/2006)
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Legal Document (Payment Possibly Required) 577 Filed: 7/14/2006, Entered: None
Fourth MOTION for Extension of Time to File Response/Reply as to 570 MOTION to Unseal Case & [Proposed] Order, 569 Memorandum in Support of Motion, 568 MOTION to Unseal Case Intervene to Have the Record Unsealed filed by Movant Hewlett Packard. (Attachments: # 1)(Palmer, Justin) (Entered: 07/14/2006)
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Legal Document (Payment Possibly Required) 576 Filed: 6/30/2006, Entered: None
Third MOTION for Extension of Time to File Response/Reply as to 569 Memorandum in Support of Motion, 568 MOTION to Unseal Case Intervene to Have the Record Unsealed filed by Movant Hewlett Packard. (Attachments: # 1 Text of Proposed Order Proposed Order)(Palmer, Justin) (Entered: 06/30/2006)
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Legal Document (Payment Possibly Required) 575 Filed: 6/15/2006, Entered: None
Second MOTION for Extension of Time to File Response/Reply to Motion to Intervene to Have the Record Unsealed filed by Movant Hewlett Packard. (Attachments: # 1 Text of Proposed Order Proposed Order Granting the Agreed Motion)(Palmer, Justin) (Entered: 06/15/2006)
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Legal Document (Payment Possibly Required) 574 Filed: 6/14/2006, Entered: None Court Filing
DOCUMENTS LODGED consisting of Letter to Judge Stewart dated 6/7/06 from Counsel. (jmr ) (Entered: 06/14/2006)
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Legal Document (Payment Possibly Required) 573 Filed: 6/6/2006, Entered: None Court Filing
ORDER granting 572 Motion for Extension of Time to File Response/Reply re 570 MOTION to Unseal Case & [Proposed] Order Hewlett-Packard Company and Compaq replies due by 6/16/2006. Signed by Judge Ted Stewart on 6/6/06. (kla, ) (Entered: 06/06/2006)
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Legal Document (Payment Possibly Required) 572 Filed: 6/6/2006, Entered: None
MOTION for Extension of Time to File Response/Reply as to 570 MOTION to Unseal Case & [Proposed] Order Granting the Agreed Motion to Extend Time to Respond to Motion to Intervene to Have Record Unsealed filed by Movant Hewlett Packard. (Attachments: # 1 Text of Proposed Order Granting the Agreed Motion to Extend Time for Hewlett-Packard Company and Compaq to Respond to Motion to Intervene to Have the Record Unsealed)(Palmer, Justin) (Entered: 06/06/2006)
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Legal Document (Payment Possibly Required) 570 Filed: 5/22/2006, Entered: None
MOTION to Unseal Case & [Proposed] Order filed by Movant Fujitsu Limited. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Welch, Terry) (Entered: 05/22/2006)
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Legal Document (Payment Possibly Required) 569 Filed: 5/22/2006, Entered: None
MEMORANDUM in Support re 568 MOTION to Unseal Case Intervene to Have the Record Unsealed filed by Movant Fujitsu Limited. (Welch, Terry) (Entered: 05/22/2006)
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Legal Document (Payment Possibly Required) 568 Filed: 5/22/2006, Entered: None
MOTION to Unseal Case Intervene to Have the Record Unsealed filed by Movant Fujitsu Limited. (Welch, Terry) (Entered: 05/22/2006)
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Legal Document (Payment Possibly Required) 567 Filed: 4/12/2006, Entered: None
DOCUMENTS LODGED consisting of SEALED Notebooks A-G(part of 406) filed as an in camera submission under seal pursuant to 8/19/05 Order-to be retained for permanent storage in sealed room. (jmr ) (Entered: 04/12/2006)
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Blank 566 Filed: 4/4/2006, Entered: None Court Filing
ORDER granting 565 Motion to Dismiss all Claims with Prejudice and Withdrawing Prior Order on Unsealing Record (#555). All parties to bear their own fees and costs. Case Closed . Signed by Judge Ted Stewart on 4/4/06. (kla, ) (Entered: 04/04/2006)
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Legal Document (Payment Possibly Required) 565 Filed: 4/4/2006, Entered: None
Stipulated Joint MOTION to Dismiss all Claims with Prejudice and Withdrawing Prior Order on Unsealing Record filed by Defendant Gateway, Counter Claimant Gateway. (kla, ) (Entered: 04/04/2006)
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Sealed Legal Document 564 Filed: 4/4/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ted Stewart : Bench Trial completed on 4/4/2006. Counsel report that they have reached settlement, and signed documents will be submitted this afternoon. Defendant Gateway requests that documents filed under seal remain sealed. Plaintiff has no objection. The Court negates its Order of last week unsealing documents and defense counsel will include that in their order of dismissal.Attorney for Plaintiff: Gregory Phillips, Attorney for Defendant David Connors, John Posthumus.(Court Reporter Patti Walker.) (slm, ) (Entered: 04/04/2006)
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Legal Document (Payment Possibly Required) 563 Filed: 4/3/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ted Stewart : Bench Trial held on 4/3/2006. Counsel invoke Rule 615 excluding fact witnesses from the courtroom. Opening statements delivered by counsel. After the first break, counsel report to the Court that they have reached a settlement. The Court recesses for the day, telling counsel that if they have a signed agreement by tomorrow morning, the case will be dismissed; if they do not, the trial will continue as scheduled.Attorney for Plaintiff: Gregory Phillips, Attorneys for Defendant David Connors, Greg Call, Brian Carpenter, George Matava.(Court Reporter Ed Young.) (slm, ) (Entered: 04/04/2006)
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Legal Document (Payment Possibly Required) 562 Filed: 3/31/2006, Entered: None
REPLY to Response to Motion re 529 SEALED MOTION UNDER DAUBERT TO EXCLUDE ADAMS' TESTIMONY AS AN EXPERT filed by Defendant Gateway, Counter Claimant Gateway. (kla, ) (Entered: 04/03/2006)
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Legal Document (Payment Possibly Required) 561 Filed: 3/31/2006, Entered: None
RESPONSE re 513 Declaration of Attorneys' Fees and Costs pursuant to 484 Sealed Order, Order on Motion for Miscellaneous Relief, filed by Defendant Gateway. (kla, ) (Entered: 04/03/2006)
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Legal Document (Payment Possibly Required) 560 Filed: 3/31/2006, Entered: None
REPLY to Response to Motion re 497 MOTION for leave to appear as Amicus Curiae MOTION for Leave to File Claim Construction Brief filed by Movants Fujitsu Computer Systems, Fujitsu Limited. (kla, ) (Entered: 04/03/2006)
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Legal Document (Payment Possibly Required) 559 Filed: 4/3/2006, Entered: None Court Filing
ORDER Overruling Gateway's Amended Objection to Magistrate Judge's Amended Order #552 re 558 Sealed Document, filed by Gateway, 556 Memorandum Decision, 551 Order. It is ORDERED that Gateway's Objection to the Magistrate Judge's Amended Order Denying Gateway's Motion to Compel Dr. Adams' Expert Report and Recommendation is OVERRULED . Signed by Judge Ted Stewart on 4/3/06. (kla, ) (Entered: 04/03/2006)
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Sealed Legal Document 558 Filed: 3/31/2006, Entered: None Court Filing
**SEALED DOCUMENT** Defendant's Objections to Magistrate Judge's Amended Order Denying Gateway's Motion to Compel Dr. Adams' Expert Report and Deposition re 551 Order, filed by Defendant Gateway, Counter Claimant Gateway. (kla, ) (Entered: 04/03/2006)
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Legal Document (Payment Possibly Required) 557 Filed: 3/30/2006, Entered: None
Supplement to TRIAL BRIEF by Defendant Gateway, Counter Claimant Gateway. (kla, ) (Entered: 03/31/2006)
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Legal Document (Payment Possibly Required) 556 Filed: 3/31/2006, Entered: None Court Filing
MEMORANDUM DECISION and Order Overruling Gateway's Objection to Magistrate Judge's Amended Decision and Deferring Ruling on Gateway's Motion to Exclude Dr. Adams' Testimony Regarding Patent Claim Analysis. Signed by Judge Ted Stewart on 3/31/06. (kla, ) (Entered: 03/31/2006)
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Legal Document (Payment Possibly Required) 555 Filed: 3/31/2006, Entered: None Court Filing
ORDER on Unsealing Record. No later than April 10, 2006, the parties shall file notices specifying any portion of any sealed document that should be maintained under seal, together with a specific statement of the reason said portion should remain under seal. Counsel should review the Stipulated Confidentiality Protective Order and shall not file any portion of any document under seal unless it is authorized by said order . Signed by Judge Ted Stewart on 3/31/06. (kla, ) (Entered: 03/31/2006)
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Sealed Legal Document 554 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED RESPONSE re 522 Sealed Objections to Order 488 , filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 553 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re 529 SEALED MOTION UNDER DAUBERT TO EXCLUDE ADAMS' TESTIMONY AS AN EXPERT Re: Patent Claim Analysis filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 552 Filed: 3/30/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER DENYING GATEWAY'S MOTION IN LIMINE TO EXCLUDE THE DMR CONSULTING GROUP'S PATENT EVALUATION-It is therefore ORDERED that Gateway's Motion in Limine to Exclude the DMR Consulting Group's Patent Evaluation(Docket No. 533) is DENIED. Signed by Judge Ted Stewart on 3/30/06. (jmr ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 551 Filed: 3/30/2006, Entered: None Court Filing
ORDER amending 488 Order on Motion to Compel, Order on Motion to Exclude, and dealing with issues in 494 Request for Clarification filed by Gateway. The Amended Order expressly determines that Adams will not be subject to separate and further deposition as an expert witness.Signed by Judge David Nuffer on March 30, 2006. (Attachments: # 1 Main Document # 2 Main Document)(Nuffer, David) (Entered: 03/30/2006)
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Sealed Legal Document 550 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re 527 Sealed MOTION in Limine to Exclude Evidence and Argument Under the Doctrine of Equivalents filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 549 Filed: 3/30/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER DENYING GATEWAY'S MOTION IN LIMINE TO EXCLUDE INFRINGEMENT ACCUSATIONS RAISED BY PLAINTIFF'S SUPPLEMENTAL CLAIM CHARTS-It is therefore ORDERED that Gateway's Motion in Limine to Exclude New Infringement Accusations Raised by Plaintiff's Supplemental Claim Charts(Docket No. 535) is DENIED. Signed by Judge Ted Stewart on 3/30/06. (jmr ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 548 Filed: 3/30/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER DENYING GATEWAY'S MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT UNDER THE DOCTRINE OF EQUIVALENTS-It is therefore ORDERED that Gateway's Motion in Limine to Exclude Evidence and Argument Under the Doctrine of Equivalents(Docket No. 527) is DENIED. Signed by Judge Ted Stewart on 3/30/06. (jmr ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 547 Filed: 3/30/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER DENYING GATEWAY'S MOTION IN LIMINE TO EXCLUDE EVIDENCE AND THE ARGUMENT ON TRADE SECRET MISAPPROPRIATION CLAIM-It is therefore ORDERED Gateway's Motion in Limine to Exclude Evidence and Argument on Trade Secret Misappropration(Docket No. 525) is DENIED. Signed by Judge Ted Stewart on 3/30/06. (jmr ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 546 Filed: 3/30/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION IN LIMINE REGARDING OWNERSHIP OF THE PATENTS BY IBM AND ERRORNOT-It is Ordered that Adams' Motion in Limine Regarding Ownership of the Patents by IBM and ErrorNot(Docket No. 520) is GRANTED IN PART and the evidence will be excluded if offered for the purpose of establishing ownership. Adams' Motion in Limine Regarding Ownership of the Patents by IBM and ErrorNot(Docket No. 520) is DENIED IN PART and the evidence may be offered on the issue of prior art. Signed by Judge Ted Stewart on 3/30/06. (jmr, ) (Entered: 03/30/2006)
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Legal Document (Payment Possibly Required) 545 Filed: 3/30/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER DENYING GATEWAY'S MOTION IN LIMINE TO EXCLUDE SOURCE CODE FOR HPFCD.EXE-It is therefore ORDERED that Gateway's Motion in Limine to Exclude Source Code for HPFDC.EXE(Docket No. 531) is DENIED. Signed by Judge Ted Stewart on 3/30/06. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 544 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED RESPONSE re 520 SEALED MOTION IN LIMINE RE: OWNERSHIP OF THE PATENTS BY IBM AND ERRORNOT filed by Defendant Gateway. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 543 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** Sealed Errata re 528 SEALED MEMORANDUM IN SUPPORT re 527 MOTION in Limine to Exclude Evidence and Argument Under the Doctrine of Equivalents filed by Defendant Gateway. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 542 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re 535 SEALED MOTION in Limine to Exclude New Infringement Accusations Raised by Plas' Supplemental Claim Charts filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 541 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re 533 SEALED MOTION in Limine to Exclude the DMR Consulting Group's Patent Evaluation filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 540 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re 531 SEALED MOTION in Limine to Exclude Source Code for HPFDC.EXE filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 539 Filed: 3/29/2006, Entered: None
**SEALED DOCUMENT** SEALED OPPOSITION re 525 MOTION in Limine to Exclude Evidence and Argument on Trade Secret Misappropriation Claim filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr ) (Entered: 03/30/2006)
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Sealed Legal Document 538 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY re 496 Sealed Document/SEALED MARKMAN BRIEF, filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 537 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** GATEWAY'S TRIAL BRIEF filed by Defendant Gateway. (Attachments: # 1 Trial Brief Part 2# 2 Trial Brief Part 3)(jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 536 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM re 535 SEALED MOTION to Exclude New Infringement Accusations Raised by Plas' Supplemental Claim Charts filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 534 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM re 533 SEALED MOTION to Exclude the DMR Consulting Group's Patent Evaluation filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 532 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM re 531 SEALED MOTION in Limine to Exclude Source Code for HPFCD.EXE filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 530 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 529 SEALED MOTION UNDER DAUBERT TO EXCLUDE ADAMS' TESTIMONY AS AN EXPERT filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 528 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 527 MOTION in Limine to Exclude Evidence and Argument Under the Doctrine of Equivalents filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Legal Document (Payment Possibly Required) 527 Filed: 3/27/2006, Entered: None
MOTION in Limine to Exclude Evidence and Argument Under the Doctrine of Equivalents filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 526 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 525 MOTION in Limine to Exclude Evidence and Argument on Trade Secret Misappropriation Claim filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Legal Document (Payment Possibly Required) 525 Filed: 3/27/2006, Entered: None
MOTION in Limine to Exclude Evidence and Argument on Trade Secret Misappropriation Claim filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 524 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED RESPONSE TO re 495 Sealed Document/Claim Construction Brief, filed by Defendant Gateway. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 523 Filed: 3/27/2006, Entered: None
**SEALED DOCUMENT** SEALED PLAINTIFFS' TRIAL BRIEF filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/28/2006)
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Sealed Legal Document 522 Filed: 3/24/2006, Entered: None
**SEALED DOCUMENT** SEALED OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DENYING GATEWAY'S MOTION TO COMPEL DR. ADAMS' EXPERT REPORT AND DEPOSITION re 488 Order on Motion to Compel, Order on Motion to Exclude filed by Defendant Gateway. (jmr ) (Entered: 03/27/2006)
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Legal Document (Payment Possibly Required) 521 Filed: 3/27/2006, Entered: None Court Filing
MOTION/ORDER granting motion for Admission Pro Hac Vice for of Michael A. Jacobs for Fujitsu Computer Systems and Fujitsu Limited, Parisa Jorjani for Fujitsu Computer Systems and Fujitsu Limited.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 3/24/06. (jmr ) (Entered: 03/27/2006)
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Legal Document (Payment Possibly Required) 519 Filed: 3/23/2006, Entered: None
Plaintiff's MEMORANDUM in Opposition re 497 MOTION for leave to appear as Amicus Curiae MOTION for Leave to File Claim Construction Brief filed by Plaintiff Phillip M. Adams. (Phillips, Gregory) (Entered: 03/23/2006)
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Legal Document (Payment Possibly Required) 518 Filed: 3/22/2006, Entered: None Court Filing
MEMORANDUM DECISION, denying 446 Motion for Partial Summary Judgment, denying 448 Motion for Partial Summary Judgment, denying 449 Motion for Partial Summary Judgment, denying 451 Motion for Partial Summary Judgment, denying 453 Motion for Partial Summary Judgment, denying 455 Motion for Partial Summary Judgment. Signed by Judge Ted Stewart on 3/22/06. (jmr ) (Entered: 03/22/2006)
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Legal Document (Payment Possibly Required) 517 Filed: 3/22/2006, Entered: None Court Filing
ORDER DENYING GATEWAY'S MOTION TO MAINTAIN SEAL OF ORDER PENDING COMPLETION OF TRIAL AND ORDER THAT DOCKET NO. 484 BE UNSEALED- re 492 SEALED MOTION filed by Gateway. It is further ORDERED that Docket No. 484 be UNSEALED. Signed by Judge Ted Stewart on 3/22/06. (jmr ) (Entered: 03/22/2006)
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Legal Document (Payment Possibly Required) 516 Filed: 3/22/2006, Entered: None Court Filing
PRETRIAL ORDER Bench Trial set for 4/3/2006 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 3/21/06. (jmr ) (Entered: 03/22/2006)
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Legal Document (Payment Possibly Required) 515 Filed: 3/21/2006, Entered: None Court Filing
TRIAL ORDER with instructions to counsel: TEN day Bench Trial set for 4/3/2006 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 3/21/06. (jmr ) (Entered: 03/22/2006)
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Blank 514 Filed: 3/21/2006, Entered: None Court Filing
ORDER RE: GATEWAY'S SUBMISSION IDENTIFYING DOCUMENTS NOT TO BE PRODUCED UNDER THIS COURT'S ORDER re 484 Sealed Order, Order on Motion for Miscellaneous Relief . Signed by Judge Ted Stewart on 3/21/06. (jmr ) (Entered: 03/22/2006)
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Legal Document (Payment Possibly Required) 513 Filed: 3/21/2006, Entered: None
DECLARATION of Attorneys' Fees and Costs pursuant to 484 Sealed Order,, Order on Motion for Miscellaneous Relief, filed by Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/22/2006)
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Legal Document (Payment Possibly Required) 512 Filed: 3/21/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ted Stewart : Final Pretrial Conference held on 3/21/2006. Counsel report that they are ready for a bench trial scheduled to begin on 4/3/06. Court asks the parties to file any motions they may have rather than making oral motions during trial. Each party submits a proposed trial order for the Court's review. The Court will sign the most accurate order or draft a new one. Court denies the 6 pending motions for summary judgment. All other pending motions will be ruled on as soon as possible. Counsel should review the Court's Trial Order regarding deadlines and the Court's preferences for conducting trial.Attorney for Plaintiff: Gregory Phillips, Kevin Howard, Attorney for Defendant David Connors, Brian Carpenter, George Matava, Greg Call.(Court Reporter Patti Walker.) (slm, ) (Entered: 03/21/2006)
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Legal Document (Payment Possibly Required) 511 Filed: 3/17/2006, Entered: None
RESPONSE to Motion re 497 MOTION for leave to appear as Amicus Curiae MOTION for Leave to File Claim Construction Brief filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Legal Document (Payment Possibly Required) 510 Filed: 3/21/2006, Entered: None Court Filing
NOTICE OF CONVENTIONAL FILING of Plaintiffs' Declaration of Attorneys' Fees and Costs Pursuant to Sealed Memorandum Decision and Order on De Novo Review of Magistrate Judge's Reports and Recommendations and Imposing Sanctions filed by Plaintiff Phillip M. Adams [DKT NO. 484] (Phillips, Gregory) (Entered: 03/21/2006)
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Sealed Legal Document 509 Filed: 3/20/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 455 MOTION for Partial Summary Judgment filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Sealed Legal Document 508 Filed: 3/20/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 453 MOTION for Partial Summary Judgment filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Sealed Legal Document 507 Filed: 3/20/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 451 MOTION for Partial Summary Judgment filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Sealed Legal Document 506 Filed: 3/20/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 449 MOTION for Partial Summary Judgment filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Sealed Legal Document 505 Filed: 3/20/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 448 MOTION for Partial Summary Judgment filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Sealed Legal Document 504 Filed: 3/20/2006, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 446 MOTION for Partial Summary Judgment filed by Defendant Gateway. (jmr ) (Entered: 03/21/2006)
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Sealed Legal Document 503 Filed: 3/17/2006, Entered: None
**SEALED DOCUMENT** SEALED NOTICE OF DELIVERY OF DOCUMENTS PURSUANT TO COURT'S 3/6/06 ORDER re 484 Sealed Order, Order on Motion for Miscellaneous Relief, filed by Defendant Gateway. (jmr ) (Entered: 03/20/2006)
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Sealed Legal Document 502 Filed: 3/17/2006, Entered: None
**SEALED DOCUMENT** SEALED Plaintiffs' Supplementation of Newly Discovered Facts about Warning From Outside Counsel re: Gateway's Motion for Partial Summary Judgment filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/20/2006)
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Legal Document (Payment Possibly Required) 501 Filed: 3/17/2006, Entered: None
NOTICE of Appearance by Jennifer A. Brown on behalf of Gateway, Gateway (jmr ) (Entered: 03/20/2006)
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Legal Document (Payment Possibly Required) 500 Filed: 3/17/2006, Entered: None
NOTICE of Change of Firm/Address by David M Connors (jmr ) (Entered: 03/20/2006)
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Legal Document (Payment Possibly Required) 499 Filed: 3/14/2006, Entered: None
MEMORANDUM in Support re 497 MOTION for leave to appear as Amicus Curiae MOTION for Leave to File Claim Construction Brief filed by Movants Fujitsu Computer Systems, Fujitsu Limited. (jmr ) (Entered: 03/15/2006)
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Legal Document (Payment Possibly Required) 498 Filed: 3/15/2006, Entered: None
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Michael A. Jacobs, Parisa Jorjani, for Movants Fujitsu Computer Systems, Fujitsu Limited (jmr ) (Entered: 03/15/2006)
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Legal Document (Payment Possibly Required) 497 Filed: 3/14/2006, Entered: None
MOTION for leave to appear as Amicus Curiae and MOTION for Leave to File Claim Construction Brief . (jmr ) (Entered: 03/15/2006)
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Sealed Legal Document 496 Filed: 3/13/2006, Entered: None
**SEALED DOCUMENT** SEALED DFT'S MARKMAN BRIEF REGARDING CONSTRUCTION OF THE ASSERTED CLAIMS OF THE '414, '002 AND '222 PATENTS filed by Defendant Gateway. (Attachments: # 1 Exhibit B Exhibit C and Exhibit D# 2 Exhibit E, Exhibit F and Exhibit G# 3 Exhibit G Continued# 4 Exhibit G Continued# 5 Exhibit G Continued and Exhibit H and Exhibit I# 6 Exhibit I Continued# 7 Exhibit J, Exhibit K, Exhibit L and Exhibit M)(jmr ) (Entered: 03/15/2006)
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Sealed Legal Document 495 Filed: 3/13/2006, Entered: None
**SEALED DOCUMENT** SEALED PLAINTIFFS' CLAIMS CONSTRUCTION BRIEF filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (Attachments: # 1 Exhibit B and Exhibit C# 2 Exhibit D and Exhibit E# 3 Exhibit E Continued# 4 Exhibit E Continued# 5 Exhibit E Continued# 6 Exhibit E Continued# 7 Exhibit E continued and Exhibit F and G)(jmr ) (Entered: 03/15/2006)
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Legal Document (Payment Possibly Required) 494 Filed: 3/13/2006, Entered: None
REQUEST for Clarification of Memorandum Decision and Order re 488 Order on Motion to Compel, Order on Motion to Exclude filed by Defendant Gateway. (jmr ) (Entered: 03/14/2006)
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Sealed Legal Document 493 Filed: 3/13/2006, Entered: None
**SEALED DOCUMENT** SEALED Submission Identifying Documents Not to be Be Produced Under 484 Sealed Order, filed by Defendant Gateway. (jmr ) (Entered: 03/14/2006)
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Legal Document (Payment Possibly Required) 491 Filed: 3/13/2006, Entered: None
OBJECTIONS to 478 Witness Exhibit List filed by Plaintiff Phillip M. Adams. (Attachments: # 1 Exhibit A - Objection List# 2 Exhibit B - Objection List)(Phillips, Gregory) (Entered: 03/13/2006)
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Legal Document (Payment Possibly Required) 490 Filed: 3/13/2006, Entered: None Court Filing
NOTICE of Plaintiffs' Notice Regarding Sealed Memorandum Decision and Order on De Nova Review of Magistrate Judge's Reports and Recommendations and Imposing Sanctions by Phillip M. Adams [Dkt 484-1] (Phillips, Gregory) (Entered: 03/13/2006)
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Legal Document (Payment Possibly Required) 489 Filed: 3/10/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER GRANTING IN PART GATEWAY'S MOTION TO COMPEL-It is ORDERED that Plaintiffs' Partial Objections ot Magistrate Judge's November 2, 2005 Memorandum Decision and Order Granting in Part Gateway's Motion to Compel(Docket No. 430) are OVERRULED. It is further ORDERED that Magistrate Judge's November 2, 2005 Memorandum Decision and Order Granting in Part Gateway's Motion to Compel(Docket No. 427) is AFFIRMED AND ADOPTED IN FULL . Signed by Judge Ted Stewart on 3/10/06. (jmr, ) (Entered: 03/10/2006)
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Legal Document (Payment Possibly Required) 488 Filed: 3/10/2006, Entered: None Court Filing
ORDER denying 439 Motion to Compel Dr. Adams' Expert Deposition, denying 439 Motion to Exclude Dr. Adams' Expert Testimony. Signed by Judge David Nuffer on March 10, 2006. (Nuffer, David) (Entered: 03/10/2006)
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Sealed Legal Document 487 Filed: 3/6/2006, Entered: None
**SEALED DOCUMENT** SEALED DECLARATION OF PHILLIP M. ADAMS re 485 Sealed Document in opposition to Gateway's Six Motions for Summary Judgment, filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. Document is overlength and has not been scanned. Document will be retained in the sealed room permanently. (jmr ) (Entered: 03/07/2006)
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Sealed Legal Document 486 Filed: 3/6/2006, Entered: None
**SEALED DOCUMENT** SEALED EXHIBITS A THROUGH J 485 TO PLAINTIFFS' SINGLE, COMBINED OPPOSITION TO GATEWAY'S SIX MOTIONS FOR SUMMARY JUDGMENT Sealed Document, filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 03/07/2006)
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Sealed Legal Document 485 Filed: 3/6/2006, Entered: None
**SEALED DOCUMENT** SEALED, SINGLE, COMBINED OPPOSITION TO GATEWAY'S SIX MOTINS FOR SUMMARY JUDGMENT re 455 MOTION for Partial Summary Judgment, 453 MOTION for Partial Summary Judgment, 451 MOTION for Partial Summary Judgment, 446 MOTION for Partial Summary Judgment, 449 MOTION for Partial Summary Judgment, 448 MOTION for Partial Summary Judgment filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr ) (Entered: 03/07/2006)
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Legal Document (Payment Possibly Required) 484 Filed: 3/6/2006, Entered: None Court Filing
UNSEALED MEMORANDUM DECISION AND ORDER ON DE NOVO REVIEW OF MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS AND IMPOSING SANCTIONS- granting in part and denying in part 366 Motion . Signed by Judge Ted Stewart on 3/6/06. (Attachments: # 1 Main Document # 2 Main Document)(jmr ) Modified on 3/22/2006-Unsealed per order number 517 (jmr). (Entered: 03/06/2006)
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Legal Document (Payment Possibly Required) 483 Filed: 3/4/2006, Entered: None Court Filing
ORDER granting 441 Motion to Compel, denying 463 Motion to Stay Compliance with November 2, 2005 Order (docket no. 427).Signed by Judge David Nuffer on March 4, 2006. (Nuffer, David) (Entered: 03/04/2006)
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Legal Document (Payment Possibly Required) 482 Filed: 3/2/2006, Entered: None
NOTICE of Reliance on Prior Art pursuant to 35 USC 282 by Gateway (jmr ) (Entered: 03/03/2006)
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Legal Document (Payment Possibly Required) 481 Filed: 3/1/2006, Entered: None Court Filing
ORDER DENYING ADAMS' MOTION TO STRIKE GATEWAY'S SIX MOTIONS FOR SUMMARY JUDMENT AND SETTING RESPONSE DATE- denying 473 Motion to Strike Six Motions for Summary Judgment. It is further ORDERED that Plaintiffs shall file their responses to the summary judgment motions by 3/6/06 . Signed by Judge Ted Stewart on 3/1/06. (jmr ) (Entered: 03/01/2006)
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Legal Document (Payment Possibly Required) 480 Filed: 3/1/2006, Entered: None Court Filing
MEMORANDUM DECISION AND ORDERR DENYING GATEWAY'S MOTION FOR A MARKMAN HEARING AND SETTING BRIEFING SCHEDULE ON CLAIM CONSTRUCTION- denying 432 Motion for Hearing. It is further ORDERED that in addition to trial briefs, the parties shall file simultaneous memoranda on claims construction on 3/13/06 and simultaneous response memoranda on 3/27/05. Said memoranda shall be no longer than 25 pages exclusive of statements of relevant facts. Signed by Judge Ted Stewart on 3/1/06. (jmr ) (Entered: 03/01/2006)
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Legal Document (Payment Possibly Required) 479 Filed: 2/24/2006, Entered: None
OBJECTIONS to 464 Witness Exhibit List filed by Defendant Gateway. (jmr ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 478 Filed: 2/24/2006, Entered: None
Witness and Exhibit List, filed by Defendant Gateway. (jmr ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 477 Filed: 2/24/2006, Entered: None
AMENDED CERTIFICATE OF SERVICE by Gateway re 475 Response to Motion. (jmr ) (Entered: 02/24/2006)
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Sealed Legal Document 476 Filed: 2/23/2006, Entered: None
**SEALED DOCUMENT** SEALED EXHIBIT A to 475 Response to Motion, filed by Defendant Gateway. (jmr ) (Entered: 02/24/2006)
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Legal Document (Payment Possibly Required) 475 Filed: 2/23/2006, Entered: None
RESPONSE to Motion re 473 MOTION to Strike 455 MOTION for Partial Summary Judgment, 453 MOTION for Partial Summary Judgment, 451 MOTION for Partial Summary Judgment, 446 MOTION for Partial Summary Judgment, 449 MOTION for Partial Summary Judgment, 448 MOTION for Partial Summary Judgment for Violating the 25-Page Limit Set Forth in DUCivR 56(1)(b) filed by Defendant Gateway. (jmr ) (Entered: 02/24/2006)
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Legal Document (Payment Possibly Required) 474 Filed: 2/22/2006, Entered: None
MEMORANDUM in Support re 473 MOTION to Strike 455 MOTION for Partial Summary Judgment, 453 MOTION for Partial Summary Judgment, 451 MOTION for Partial Summary Judgment, 446 MOTION for Partial Summary Judgment, 449 MOTION for Partial Summary Judgment, 448 MOTION for Pa, 451 MOTION for Partial Summary Judgment, 455 MOTION for Partial Summary Judgment, 453 MOTION for Partial Summary Judgment, 446 MOTION for Partial Summary Judgment, 449 MOTION for Partial Summary Judgment, 448 MOTION for Partial Summary Judgment for Violating the 25-Page Limit Set Forth in DUCivR 56(1)(b) filed by Plaintiff Phillip M. Adams. (Attachments: # 1 Exhibit Exhibit A - Westlaw case# 2 Exhibit Exhibit B - Westlaw case)(Phillips, Gregory) (Entered: 02/22/2006)
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Legal Document (Payment Possibly Required) 473 Filed: 2/22/2006, Entered: None
MOTION to Strike 455 MOTION for Partial Summary Judgment, 453 MOTION for Partial Summary Judgment, 451 MOTION for Partial Summary Judgment, 446 MOTION for Partial Summary Judgment, 449 MOTION for Partial Summary Judgment, 448 MOTION for Partial Summary Judgment For Violating The 25-Page Limit Set Forth in DUCivR 56(1)(b) filed by Plaintiff Phillip M. Adams. (Phillips, Gregory) (Entered: 02/22/2006)
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Legal Document (Payment Possibly Required) 472 Filed: 2/21/2006, Entered: None
Modification of Docket: Error: Order pertains to a different case. Correction: Order will be redocketed in the correct case. re 471 Order. (jmr,) (Entered: 02/21/2006)
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Legal Document (Payment Possibly Required) 471 Filed: 2/21/2006, Entered: None Court Filing
This Order was docketed in the wrong case, disregard-ORDER PROHIBITING EX PARTE CONTACT BY DFT BROCKBANK-ORDERDED that dft Stephen Brockbank cease ex parte correspondence with the Court. Signed by Judge Ted Stewart on 2/21/06. (jmr ) Modified on 2/21/2006 (jmr ). (Entered: 02/21/2006)
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Sealed Legal Document 470 Filed: 2/16/2006, Entered: None
**SEALED DOCUMENT** SEALED EXHIBIT 1 re 465 Reply Memorandum/Reply to Response to Motion filed by Defendant Gateway. (jmr ) (Entered: 02/17/2006)
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Sealed Legal Document 469 Filed: 2/17/2006, Entered: None Court Filing
ORDER granting 468 Motion to refile, as a sealed document, Exhibit 1 to Gateway's Reply (docket no. 465). It is hereby ordered that Exhibit 1 to Gateway's Reply to Plaintiffs Opposition to Gateway's Motion to Compel Dr. Adams Expert Report and Deposition or, Alternatively, to Exclude Adams' Expert Testimony shall be removed and the substitute Exhibit 1, appropriately marked as a sealed document, submitted by Defendant shall be filed under seal.Signed by Judge David Nuffer on February 17, 2006. (Nuffer, David) (Entered: 02/17/2006)
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Legal Document (Payment Possibly Required) 468 Filed: 2/16/2006, Entered: None
Ex Parte MOTION to correct inadvertent filing error re 465 Reply Memorandum/Reply to Response to Motion filed by Defendant Gateway. (jmr ) (Entered: 02/17/2006)
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Legal Document (Payment Possibly Required) 467 Filed: 2/15/2006, Entered: None
MEMORANDUM in Opposition re 463 MOTION to Stay re 441 MOTION to Compel Plas' Immediate Compliance with this Court's November 2, 2005 Order(dkt no. 427) filed by Defendant Gateway. (jmr ) (Entered: 02/16/2006)
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Legal Document (Payment Possibly Required) 466 Filed: 2/15/2006, Entered: None
REPLY to Response to Motion re 441 MOTION to Compel Plas' Immediate Compliance with this Court's November 2, 2005 Order(dkt no. 427) filed by Defendant Gateway. (jmr ) (Entered: 02/16/2006)
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Legal Document (Payment Possibly Required) 465 Filed: 2/15/2006, Entered: None
REPLY to Response to Motion re 439 MOTION to Compel Dr. Adams' Expert Report and Deposition or MOTION to Exclude Adams' Expert Testimony filed by Defendant Gateway. (jmr ) Additional attachment(s) added on 2/17/2006 (jmr, ). (Entered: 02/16/2006)
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Legal Document (Payment Possibly Required) 464 Filed: 2/10/2006, Entered: None
Witness and Exhibit List, filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr ) (Entered: 02/13/2006)
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Legal Document (Payment Possibly Required) 463 Filed: 2/3/2006, Entered: None
MOTION to Stay re 441 MOTION to Compel Plas' Immediate Compliance with this Court's November 2, 2005 Order(dkt no. 427) filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (kla, ) (Entered: 02/06/2006)
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Legal Document (Payment Possibly Required) 462 Filed: 2/3/2006, Entered: None
MEMORANDUM in Opposition re 441 MOTION to Compel Plas' Immediate Compliance with this Court's November 2, 2005 Order(dkt no. 427) filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (kla, ) (Entered: 02/06/2006)
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Legal Document (Payment Possibly Required) 461 Filed: 2/3/2006, Entered: None
MEMORANDUM in Opposition re 439 MOTION to Compel Dr. Adams' Expert Report and Deposition or MOTION to Exclude Adams' Expert Testimony filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (kla, ) (Entered: 02/06/2006)
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Legal Document (Payment Possibly Required) 460 Filed: 2/2/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge David Nuffer : Settlement Conference held on 1/31/06. Attorney for Plaintiff: Greg Phillips, Kevin HowardAttorney for Defendant George Matava, John Posthumus. (Nuffer, David) (Entered: 02/02/2006)
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Sealed Legal Document 459 Filed: 1/27/2006, Entered: None
**SEALED DOCUMENT** SEALED DECLARATION OF K.A. Roman re 448 MOTION for Partial Summary Judgment filed by Defendant Gateway. DOCUMENT IS OVERLENGTH AND HAS NOT BEEN SCANNED. (jmr ) (Entered: 02/02/2006)
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Sealed Legal Document 458 Filed: 1/27/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 448 MOTION for Partial Summary Judgment filed by Defendant Gateway. (Attachments: # 1 # 2 # 3 Exhibit D-Exhibit G)(jmr ) (Entered: 02/01/2006)
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Sealed Legal Document 457 Filed: 1/30/2006, Entered: None
**SEALED DOCUMENT** SEALED DECLARATION OF K. ROMAN re 455 MOTION for Partial Summary Judgment, 453 MOTION for Partial Summary Judgment filed by Defendant Gateway. (Attachments: # 1 Exhibit C# 2 Exhibit D-Exhibit E)(jmr ) (Entered: 02/01/2006)
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Sealed Legal Document 456 Filed: 1/30/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 455 MOTION for Partial Summary Judgment on invalidity of Claim 1 of the '414 Patent filed by Defendant Gateway. (jmr ) (Entered: 02/01/2006)
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Legal Document (Payment Possibly Required) 455 Filed: 1/30/2006, Entered: None
MOTION for Partial Summary Judgment on invalidity of Claim 1 of the '414 Patent filed by Defendant Gateway. (jmr ) (Entered: 02/01/2006)
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Sealed Legal Document 454 Filed: 1/30/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 453 MOTION for Partial Summary Judgment filed by Defendant Gateway. (Attachments: # 1 Exhibit C-Exhibit H# 2 Exhibit I-J)(jmr ) (Entered: 02/01/2006)
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Legal Document (Payment Possibly Required) 453 Filed: 1/30/2006, Entered: None
MOTION for Partial Summary Judgment on the invalidity of claims 1,8-10 and 15 of the '002 Patent and Claims 1,2 and 9-11 of the '222 Patent filed by Defendant Gateway. (jmr ) (Entered: 02/01/2006)
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Sealed Legal Document 452 Filed: 1/30/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPPORT re 451 MOTION for Partial Summary Judgment that Winbond Devices Do Not Infringe the '002 and '222 Patents filed by Defendant Gateway. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 Exhibit E-Exhibit G)(jmr) (Entered: 01/31/2006)
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Legal Document (Payment Possibly Required) 451 Filed: 1/30/2006, Entered: None
MOTION for Partial Summary Judgment that Winbond Devices Do Not Infringe the '002 and '222 Patents filed by Defendant Gateway. (jmr) (Entered: 01/31/2006)
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Sealed Legal Document 450 Filed: 1/30/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT re 449 MOTION for Partial Summary Judgment of non-infringmenet of the '002 and '222 Patents because the accused acts occurred outside United States filed by Defendant Gateway. (jmr ) (Entered: 01/31/2006)
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Legal Document (Payment Possibly Required) 449 Filed: 1/30/2006, Entered: None
MOTION for Partial Summary Judgment of non-infringmenet of the '002 and '222 Patents because the accused acts occurred outside United States filed by Defendant Gateway. (jmr) (Entered: 01/31/2006)
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Legal Document (Payment Possibly Required) 448 Filed: 1/27/2006, Entered: None
MOTION for Partial Summary Judgment of Non-Infringement of the '414 Patent filed by Defendant Gateway. (jmr ) (Entered: 01/30/2006)
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Sealed Legal Document 447 Filed: 1/24/2006, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT or 446 MOTION for Partial Summary Judgment filed by Defendant Gateway. (Attachments: # 1 Exhibit 2# 2 Exhibit 3# 3 Exhibit 4-Part 1# 4 Exhibit 4 Part 2)(jmr ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 446 Filed: 1/24/2006, Entered: None
MOTION for Partial Summary Judgment of the Non-Infringement of the '222 Patent filed by Defendant Gateway. (jmr ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 445 Filed: 1/11/2006, Entered: None Court Filing
ORDER Mediation Conference set for 1/31/2006 09:00 AM in Room 405.See order for terms.Signed by Judge David Nuffer on January 11, 2006. (Nuffer, David) (Entered: 01/11/2006)
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Sealed Legal Document 443 Filed: 1/5/2006, Entered: None
**SEALED DOCUMENT** SEALED EXHIBITS C,D and E in support 440 Memorandum in Support of Motion filed by Defendant Gateway. (Attachments: # 1 Part 1# 2 Part 2# 3 Part 3# 4 Part 4# 5 Part 5# 6 Part 6)(jmr ) (Entered: 01/09/2006)
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Sealed Legal Document 442 Filed: 1/4/2006, Entered: None
**SEALED DOCUMENT** SEALED EXHIBIT G re 438 Reply Memorandum/Reply to Response to Motion filed by Defendant Gateway. (Attachments: # 1 Part 2# 2 Part 3# 3 Part 4# 4 Part 5)(jmr ) (Entered: 01/09/2006)
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Legal Document (Payment Possibly Required) 441 Filed: 1/5/2006, Entered: None
MOTION to Compel Plas' Immediate Compliance with this Court's November 2, 2005 Order(dkt no. 427) filed by Defendant Gateway. (jmr ) (Entered: 01/09/2006)
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Legal Document (Payment Possibly Required) 440 Filed: 1/5/2006, Entered: None
MEMORANDUM in Support re 439 MOTION to Compel Dr. Adams' Expert Report and Deposition or in the alternative MOTION to Exclude Adams' Expert Testimony filed by Defendant Gateway. (jmr ) (Entered: 01/09/2006)
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Legal Document (Payment Possibly Required) 439 Filed: 1/5/2006, Entered: None
MOTION to Compel Dr. Adams' Expert Report and Deposition or,Alternatively, MOTION to Exclude Adams' Expert Testimony filed by Defendant Gateway. (jmr ) (Entered: 01/09/2006)
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Legal Document (Payment Possibly Required) 438 Filed: 1/5/2006, Entered: None
REPLY to Response to Motion re 432 MOTION for Hearing re Markman filed by Defendant Gateway. (Attachments: # 1 Part 2)(jmr ) (Entered: 01/05/2006)
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Legal Document (Payment Possibly Required) 437 Filed: 12/28/2005, Entered: None
NOTICE of Change of Address by Casey K McGarvey, Jeffrey E. Ostrow, E Scott Savage (jmr ) (Entered: 12/29/2005)
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Sealed Legal Document 436 Filed: 10/24/2005, Entered: None
**SEALED DOCUMENT** SEALED SUPPLEMENTAL RESPONSE AND REPLY TO PLAS' RENEWED REQUEST FOR TERMINATING SANCTIONS 366 filed by Defendant Gateway. (Attachments: # 1 Exhibits E-G# 2 Exhibits H-Q)(jmr ) (Entered: 12/28/2005)
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Legal Document (Payment Possibly Required) 435 Filed: 12/28/2005, Entered: None Court Filing
ORDER GRANTING 426 SEALED MOTION for Leavve to File Supplemental Response and Reply to Pla's Renewed Request for Terminating Sanctions filed by Gateway . Signed by Judge Ted Stewart on 12/28/05. (jmr ) (Entered: 12/28/2005)
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Legal Document (Payment Possibly Required) 434 Filed: 12/19/2005, Entered: None
MEMORANDUM in Opposition re 432 MOTION for Hearing re Markman filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr ) (Entered: 12/20/2005)
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Legal Document (Payment Possibly Required) 433 Filed: 12/6/2005, Entered: None
NOTICE of Appearance by Casey K McGarvey, Jeffrey E. Ostrow, E Scott Savage on behalf of Intel Corporation (jmr ) (Entered: 12/08/2005)
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Legal Document (Payment Possibly Required) 432 Filed: 11/29/2005, Entered: None
MOTION for Hearing re Markman and Briefing Schedule to Construe Patent Claims filed by Defendant Gateway. (Attachments: # 1 Exhibits)(jmr ) (Entered: 12/01/2005)
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Sealed Legal Document 431 Filed: 11/29/2005, Entered: None
**SEALED DOCUMENT** SEALED RESPONSE to Pla's Partial Objections 430 Sealed Document filed by Defendant Gateway. (jmr ) (Entered: 11/30/2005)
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Sealed Legal Document 430 Filed: 11/14/2005, Entered: None
**SEALED DOCUMENT** SEALED PARTIAL OBJECTIONS re 427 Memorandum Decision, Order on Motion to Compel, filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr ) (Entered: 11/15/2005)
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Sealed Legal Document 429 Filed: 11/4/2005, Entered: None
**SEALED DOCUMENT** SEALED REPLY TO PLA'S NON-RESPONSE TO DFTS' MOTION FOR LEAVE re 426 SEALED MOTION filed by Defendant Gateway. (jmr ) (Entered: 11/07/2005)
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Legal Document (Payment Possibly Required) 428 Filed: 11/3/2005, Entered: None Court Filing
MOTION/ORDER granting motion for Admission Pro Hac Vice for of E Scott Savage for Gateway, Jeffrey E. Ostrow for Gateway.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 11/2/05. (jmr ) (Entered: 11/03/2005)
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Legal Document (Payment Possibly Required) 427 Filed: 11/2/2005, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER GRANTING IN PART GATEWAY'S MOTION TO COMPEL- granting in part 411 Motion to Compel. IT IS FURTHER ORDERED on or before 11/30/05, Plas shall produce to dft: copies specified in order. Signed by Judge David Nuffer on 11/2/05. (jmr ) (Entered: 11/03/2005)
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Sealed Legal Document 425 Filed: 10/24/2005, Entered: None
**SEALED DOCUMENT** SEALED REPLY IN SUPPORT re 411 MOTION to Compel Plaintiffs to produce documents and testimony filed by Defendant Gateway. (jmr ) (Entered: 11/02/2005)
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Legal Document (Payment Possibly Required) 424 Filed: 10/31/2005, Entered: None Court Filing
SECOND ORDER MODIFYING PROTECTIVE ORDER. Signed by Judge David Nuffer on 10/31/05. (jmr) (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 423 Filed: 10/31/2005, Entered: None
DOCUMENT LODGED consisting of e-mail from counsel regarding amendment to Protective Order, as contemplated in the order of October 11, 2005, docket no. 414. (Nuffer, David) (Entered: 10/31/2005)
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Sealed Legal Document 422 Filed: 10/28/2005, Entered: None
**SEALED DOCUMENT** SEALED REPLY re 366 Motion for Miscellaneous Relief, 366 Response (NOT to motion) filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr) (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 421 Filed: 10/28/2005, Entered: None Court Filing
ORDER overruling 419 Partial Objections filed by National Semiconductor Corporation to 418 Order on Motion for Discovery. The Order 418 does not adjudicate any right to take a deposition of National Semiconductor and does not adjudicate any obligation of National Semiconductor to appear at a deposition, but only extends the time in which such a deposition "may occur." Signed by Judge David Nuffer on 10/28/05. (Nuffer, David) (Entered: 10/28/2005)
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Legal Document (Payment Possibly Required) 420 Filed: 10/25/2005, Entered: None
AMENDED CERTIFICATE OF SERVICE by National Semiconductor Corporation re 419 Partial Objection (jmr ) (Entered: 10/27/2005)
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Legal Document (Payment Possibly Required) 419 Filed: 10/24/2005, Entered: None
Partial OBJECTION to 418 Order on Motion for Discovery filed by Movant National Semiconductor Corporation. (jmr ) (Entered: 10/27/2005)
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Legal Document (Payment Possibly Required) 418 Filed: 10/21/2005, Entered: None Court Filing
ORDER granting 417 Motion for Discovery (Supplemental Scheduling Order). Signed by Judge David Nuffer on 10/21/05. (blk, ) (Entered: 10/24/2005)
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Legal Document (Payment Possibly Required) 417 Filed: 10/19/2005, Entered: None
Joint Stipulation and MOTION for Discovery filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C., Defendant Gateway. (jmr ) (Entered: 10/20/2005)
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Legal Document (Payment Possibly Required) 416 Filed: 10/13/2005, Entered: None
RETURN OF SERVICE Executed for Subpeona served on Intel Corporation on 10/3/05, filed by Defendant Gateway. (jmr ) (Entered: 10/17/2005)
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Sealed Legal Document 415 Filed: 10/11/2005, Entered: None
**SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION to 411 MOTION to Compel Plaintiffs to produce documents and testimony filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr) (Entered: 10/14/2005)
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Legal Document (Payment Possibly Required) 414 Filed: 10/11/2005, Entered: None Court Filing
ORDER GRANTING NATIONAL SEMINCONDUCTOR'S MOTION TO INTERVENE AND GRANTING IN PART NATIONAL SEMICONDUCTOR'S MOTION FOR PROTECTIVE ORDER-finding as moot 283 Motion to Compel, granting in part 351 Motion for Protective Order and granting 354 Motion to Intervene for the purpose of participation in issues related to the NS Materials. See order for additional details. Signed by Judge David Nuffer on 10/11/05. (jmr ) (Entered: 10/11/2005)
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Legal Document (Payment Possibly Required) 413 Filed: 10/11/2005, Entered: None Court Filing
ORDER granting in part and denying in part Intel's 331 Motion to Quash Subpeonas. Signed by Judge David Nuffer on 10/11/05. (jmr ) (Entered: 10/11/2005)
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Sealed Legal Document 412 Filed: 9/19/2005, Entered: None
**SEALED DOCUMENT** re 411 MOTION to Compel Plaintiffs to produce documents and testimony filed by Defendant Gateway. (Attachments: # 1 Exhibits 6-11# 2 Exhibits 12-15# 3 Exhibits 16-20# 4 Exhibit 21-Part 1# 5 Exhibit 21-Part 2)(jmr ) (Entered: 09/20/2005)
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Legal Document (Payment Possibly Required) 411 Filed: 9/19/2005, Entered: None
MOTION to Compel Plaintiffs to produce documents and testimony filed by Defendant Gateway. (jmr ) (Entered: 09/20/2005)
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Sealed Legal Document 410 Filed: 9/13/2005, Entered: None
**SEALED DOCUMENT** SEALED response to 407 Order filed by Defendant Gateway. (jmr) (Entered: 09/14/2005)
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Sealed Legal Document 409 Filed: 9/1/2005, Entered: None
**SEALED DOCUMENT** re 377 Sealed Document-Notice of Filing of Addendum to Exhibit H to Dft's supplemental Accounting-docket no. (377) filed by Defendant Gateway. (jmr ) (Entered: 09/08/2005)
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Legal Document (Payment Possibly Required) 408 Filed: 9/6/2005, Entered: None
OBJECTIONS to 406 Lodged Document/Ex Parte and In Camera Letter and Gateways Submission of All Priveleged Documents filed by Plaintiffs Phillip M. Adams, Phillip M. Adams & Associates, L.L.C.. (jmr ) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 407 Filed: 9/7/2005, Entered: None Court Filing
ORDER-the court finds that materials do not fully comply with the court's directive of 8/19/05. See order for details. Signed by Judge Ted Stewart on 9/6/05. (jmr ) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 406 Filed: 9/6/2005, Entered: None Court Filing
DOCUMENTS LODGED consisting of Letter from Counsel to Judge Stewart dated 8/31/05. (jmr ) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 405 Filed: 8/24/2005, Entered: None
WITHDRAWAL of 373 Opposition/Response to Plas' Declaration of Attys Fees and Costs filed by Defendant Gateway. (jmr ) (Entered: 08/26/2005)
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Legal Document (Payment Possibly Required) 404 Filed: 8/19/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ted Stewart : Motion Hearing held on 8/19/2005 re 176 Motion for Judgment on the PleadingsMotion for Sanctions filed by Phillip M. Adams,, Phillip M. Adams & Associates, L.L.C.,, 366 Motion for Miscellaneous Relief filed by Phillip M. Adams,, Phillip M. Adams & Associates, L.L.C.,, 101 Motion for Judgment on the Pleadings filed by Phillip M. Adams,, Phillip M. Adams & Associates, L.L.C.,. The only motions remaining to be heard at todays hearing are the two magistrate Reports and Recommendations and plaintiffs Renewed Motion for Sanctions. Court informs counsel that orders have been recently issued for several other pending motions. Court orders that within 2 weeks of todays hearing, defendant shall provide to the Court the entirety of the documents that are listed on the Privilege Log, Mr. Holsteins entire 4/15/05 deposition, and any notes by any person or other information relating to the May 2003 meeting with Mr. Holstein and attorney Posthumus, and any other person present. Defendants counsel argues that they concede that mistakes were made, but that they were unintentional and not with evil intent. Counsel asks that the Court delay imposing sanctions until it hears testimony at the bench trial. Plaintiff responds. Court takes the motions under advisement.Attorney for Plaintiff: Gregory Phillips, Kevin Howard, Attorney for Defendant George Matava, Lon Jenkins.(Court Reporter Patti Walker.) (slm, ) (Entered: 08/19/2005)
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Legal Document (Payment Possibly Required) 403 Filed: 8/18/2005, Entered: None Court Filing
ORDER denying 367 Motion for order to show cause hearing why terminating sanctions should not be entered against Gateway . Signed by Judge Ted Stewart on 8/18/05. (jmr ) (Entered: 08/18/2005)
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Legal Document (Payment Possibly Required) 402 Filed: 8/18/2005, Entered: None Court Filing
MEMORANDUM DECISION and ORDER AFFIRMING MAGISTRATE JUDGE'S SEALED ORDER GRANTING IN PART GATEWAY'S MOTIONS TO COMPEL DISCOVERY. Gateway's Objections(Docket no. 299) to Magistrate Judge's 11/16/04 Sealed order Granting in Part Gateway's Motions to Compel Discovery from Plaintiffs(Docket no. 295) are OVERRULED. It is further ORDERED that the Magistrate Judge's 11/16/04 Sealed Order Granting in Part Gateway's Motions to Compel Discovery From Plaintiffs(Docket no. 295) is AFFIRMED AND ADOPTED IN FULL. Signed by Judge Ted Stewart on 8/18/05. (jmr, ) (Entered: 08/18/2005)
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Legal Document (Payment Possibly Required) 401 Filed: 8/17/2005, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER REGARDING EXPENSES AND SANCTIONS. Signed by Judge Ted Stewart on 8/17/05. (jmr) (Entered: 08/17/2005)
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Legal Document (Payment Possibly Required) 400 Filed: 8/17/2005, Entered: None Court Filing
MEMORANDUM DECISION and ORDER AFFIRMING MAGISTRATE JUDGEs ORDER DENYING EXPERT ACCESS TO SOURCE CODE. Signed by Judge Ted Stewart on 8/17/05. (jmr) (Entered: 08/17/2005)
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Legal Document (Payment Possibly Required) 399 Filed: 8/15/2005, Entered: None Court Filing
DOCUMENTS LODGED consisting of Letter to Judge Stewart from counsel dated 8/12/05. (jmr ) (Entered: 08/17/2005)
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Legal Document (Payment Possibly Required) 398 Filed: 8/12/2005, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER OVERRULING GATEWAYS OBJECTIONS TO MAGISTRATE JUDGE NUFFERS ORDER(DKT NO 309)GRANTING MOTION TO AMEND IN PART. Signed by Judge Ted Stewart on 8/12/05. (jmr) (Entered: 08/12/2005)
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Legal Document (Payment Possibly Required) 397 Filed: 7/27/2005, Entered: None Court Filing
ORDER Modifying Protective Order re 47 Protective Order. Signed by Judge David Nuffer on 7/22/05. (jmr) (Entered: 07/27/2005)
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Legal Document (Payment Possibly Required) 396 Filed: 7/27/2005, Entered: None Court Filing
DOCUMENTS LODGED consisting of Email to Judge Nuffer. (Attachments: # 1) (jmr ) (Entered: 07/27/2005)
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Legal Document (Payment Possibly Required) 395 Filed: 7/11/2005, Entered: None Court Filing
NOTICE of Ruling by Judge Coughenour on Intels Motion to Quash Filed in the Western District of Washington by Phillip M. Adams, Phillip M. Adams & Associates, L.L.C. (jmr) (Entered: 07/12/2005)
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Legal Document (Payment Possibly Required) 394 Filed: 7/6/2005, Entered: None Court Filing
Supplemental Scheduling ORDER granting 393 JOINT Motion to Amend/Correct, granting 393 JOINT Motion for Extension of Time upto 10/15/05 for Fact and 1/15/06 for Expert Discovery to Amend Scheduling Order. Dispositive Motions due 1/30/06. Special Atty or Settlement Conference by 3/10/06. TEN Day Jury Trial set for 4/3/06 at 8:30 a.m . Signed by Judge David Nuffer on 7/6/06. (jmr ) (Entered: 07/06/2005)
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Legal Document (Payment Possibly Required) 393 Filed: 7/1/2005, Entered: None
JOINT MOTION to Amend Scheduling Order and JOINT MOTION for Extension of Time upto 1/15/06 to Complete Discovery filed by Plaintiff Phillip M. Adams, Defendant Gateway. (jmr) (Entered: 07/06/2005)
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Legal Document (Payment Possibly Required) 391 Filed: 7/5/2005, Entered: None
Modification of Docket: Error: Incorrect PDF image attached to document no. 370, Report and Recommendation. Correction: Correct image substituted for document no. 370 re 370 Report and Recommendations as to Spoliation Motions. (ce, ) (Entered: 07/05/2005)
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Legal Document (Payment Possibly Required) 390 Filed: 7/4/2005, Entered: None Court Filing
ORDER taking under advisement 331 Motion to Quash. IT IS HEREBY ORDERED that Intel, if this motion is moot, shall file a withdrawal of the motion on on or before July 15, 2005.This is a docket text order and no other document will issue.Signed by Judge David Nuffer on July 4, 2005. (Nuffer, David) (Entered: 07/04/2005)
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Sealed Legal Document 389 Filed: 6/28/2005, Entered: None Court Filing
SEALED ORDER denying 317 Motion for Reconsideration of Order no. 309 filed by Gateway . Signed by Judge David Nuffer on 6/28/05. (jmr ) Modified on 6/28/2005-sealed document only per chambers(DN) (jmr ). (Entered: 06/28/2005)
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Legal Document (Payment Possibly Required) 388 Filed: 6/9/2005, Entered: None Court Filing
MOTION/ORDER granting motion for Admission Pro Hac Vice for of Randall E. Kay for Intel Corporation.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 6/8/05. (kvs, ) (Entered: 06/10/2005)
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Legal Document (Payment Possibly Required) 387 Filed: 6/3/2005, Entered: None Court Filing
NOTICE OF HEARING ON MOTION AMENDED Prior notice failed to give date and time for hearing. re: 101 Motion for Judgment on the Pleadings, 367 Motion for Miscellaneous Relief, 366 Motion for Miscellaneous Relief, 347 Report and Recommendations, 370 Report and Recommendations, 346 Report and Recommendations, 176 Motion for Judgment on the Pleadings Motion for Sanctions, 186 Motion for Miscellaneous Relief, 367 Motion for Hearing, 363 Motion for Hearing: The court will also hear argument on the following motions unless counsel stipulate that they are moot: sealed objections to motions to compel (no. 299), sealed objection (no. 318) to no. 309, sealed objection (no 319) to no. 171 denying access to course codes, objection (no. 360) to no. 346 R&R, objection (no. 316) to no. 347 R&R, and objection (no. 362) to no. 348 attorney fees. Motion Hearing set for 8/19/2005 09:00 AM in Room 142 before Judge Ted Stewart. (slm, ) (Entered: 06/03/2005)
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Legal Document (Payment Possibly Required) 386 Filed: 6/3/2005, Entered: None
NOTICE OF HEARING ON MOTION re: 101 Motion for Judgment on the Pleadings, 367 Motion for Miscellaneous Relief, 366 Motion for Miscellaneous Relief, 347 Report and Recommendations, 370 Report and Recommendations, 346 Report and Recommendations, 176 Motion for Judgment on the PleadingsMotion for Sanctions, 186 Motion for Miscellaneous Relief, 367 Motion for Hearing, 363 Motion for Hearing: Court will also hear argument on sealed objections to motions to compel (no. 299), sealed objection (no. 318) to no. 309, sealed objection (no. 319) to no. 171 denying access to source codes, objection (no. 360) to no. 346 R&R, objection (no. 361) to no., 347 R&R, and objection (no. 362) to 348 attorney fees. (slm, ) (Entered: 06/03/2005)
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Legal Document (Payment Possibly Required) 385 Filed: 5/31/2005, Entered: None Court Filing
ORDER granting 383 Motion to Withdraw as Attorney and granting 384 Motion to Withdraw as Attorney. Signed by Judge David Nuffer on May 31, 2005. (Nuffer, David) (Entered: 05/31/2005)
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Legal Document (Payment Possibly Required) 384 Filed: 5/26/2005, Entered: None
Ex Parte MOTION to Withdraw as Attorney - Dennis F. Kerrigan Jr and the Law Firm of LeBoeuf, Lamb, Greene & MacRae LLP, filed by Defendant Gateway. (ce, ) (Entered: 05/27/2005)
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Legal Document (Payment Possibly Required) 383 Filed: 5/26/2005, Entered: None
Ex Parte MOTION to Withdraw as Attorney - David G. Hetzel and the Firm of LeBoeuf, Lamb, Greene & MacRae LLP, filed by Defendant Gateway. (ce, ) (Entered: 05/27/2005)
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Sealed Legal Document 382 Filed: 5/24/2005, Entered: None
SEALED REPLY to Response to Motion re 366 Motion for Renewed Motion by Phillip M Adams LLC, Phillip M. Adams for terminating sanctions. Document has not been scanned. Document is located in the sealed room. (jmr ) (Entered: 05/25/2005)
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Legal Document (Payment Possibly Required) 381 Filed: 5/23/2005, Entered: None Court Filing
ORDER granting 380 Motion to Amend/Correct, granting 380 Motion for Extension of Time to Complete Discovery upto 8/15/05 for Fact Discovery and 11/15/05 for Expert Discovery. Final Pretrial Set for 3/21/06 at 2:30 p.m. and Ten Day Bench Trial set for 4/3/06 at 8:30 a.m . Signed by Judge David Nuffer on 5/23/05. (jmr ) (Entered: 05/24/2005)
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Legal Document (Payment Possibly Required) 380 Filed: 5/20/2005, Entered: None
JOINT MOTION to Amend/Correct 333 Scheduling Order and JOINT MOTION for Extension of Time to Complete Discovery upto 8/15/05 for for Fact and 11/15/05 for Expert Discovery and PROPOSED ORDER filed by Plaintiff Phillip M. Adams, Defendant Gateway. (jmr) (Entered: 05/23/2005)
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Sealed Legal Document 379 Filed: 5/16/2005, Entered: None
SEALED MEMORANDUM in Opposition re Adams 316 Motion to Amend/Correct/Modify Protective Order filed by Movant Intel Corporation. Not scanned. Located in sealed room. (jmr) (Entered: 05/19/2005)
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Legal Document (Payment Possibly Required) 378 Filed: 5/9/2005, Entered: None Court Filing
Procedural ORDER re: clarification of the procedures applicable for objections to magistrate judge reports and recommendations and other procedural matters . Signed by Judge Ted Stewart on 5/9/05. (jmr) (Entered: 05/09/2005)
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Sealed Legal Document 377 Filed: 4/29/2005, Entered: None
SEALED DOCUMENT entitled Dfts Supplemental Accounting filed by Defendant Gateway.(Document is oversized and has not been scanned; document can be found in the sealed room).(jmr) (Entered: 05/05/2005)
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Legal Document (Payment Possibly Required) 376 Filed: 4/29/2005, Entered: None
RESPONSE re Adams' 369 Memorandum in Opposition to Motion for a protective order precluding further discovery by Adams and Non-Opposition to National's Motion to Intervene filed by Movant National Semiconductor Corporation. (jmr) (Entered: 05/02/2005)
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Sealed Legal Document 375 Filed: 4/27/2005, Entered: None
SEALED Response by Gateway to [368-1] response, [366-1] response, [367-1] motion for order to show cause hearing why terminating sanctions should not be entered against Gateway (jmr) (Entered: 04/29/2005)
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Legal Document (Payment Possibly Required) 374 Filed: 4/29/2005, Entered: None Court Filing
Notice of Hearing filed on ALL PENDING MOTIONS: Motion hearing set for 2:30 p.m. on 6/9/05 for [367-1] motion for order to show cause hearing why terminating sanctions should not be entered against Gateway and ALL OTHER PENDING MOTIONS To be held before Judge Ted Stewart cc:atty ( Ntc generated by: Chambers TS, SM) (jmr) (Entered: 04/29/2005)
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Legal Document (Payment Possibly Required) 373 Filed: 4/26/2005, Entered: None
Response by Gateway to pla's [356-1] declaration of atty's fees and costs pursuant to Order re: Expenses and Sanctions entered 3/29/05. (jmr) (Entered: 04/27/2005)
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Sealed Legal Document 372 Filed: 4/26/2005, Entered: None Court Filing
SEALED Response by Gateway to dft's [362-1] objections to Judge Nuffer's Order re: Expenses and Sanctions(dkt no. 348). (jmr) (Entered: 04/27/2005)
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Legal Document (Payment Possibly Required) 371 Filed: 4/25/2005, Entered: None Court Filing
Order granting [359-1] motion to maintain seal of Mag judge Nuffer's R&R RE: Gateway's possession of Adams' detector software pending ct's decision on dft's obj to same signed by Judge David Nuffer, 4/25/05 cc:atty (jmr) (Entered: 04/26/2005)
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Legal Document (Payment Possibly Required) 370 Filed: 4/25/2005, Entered: None Court Filing
Redacted Unsealed Report and Recommendations by Judge David Nuffer Re: Spoliation Motions: Sanctions are GRANTED re: [101-1] motion for entry of judgment based upon Gateway's Spoliation of Evidence, Sanctions are DENIED [186-1] motion re: requesting inference of patent invalidity and unenforceability pursuant to the spoliation doctrine; Motions no longer referred. Objections to R and R due by 5/9/05 cc: atty. (jmr) Modified on 04/25/2005 Additional attachment(s) added on 7/5/2005 (ce, ). Modified on 7/5/2005 by substituting the original PDF image entered 4/25/05 (ce, ). (Entered: 04/25/2005)
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Sealed Legal Document 369 Filed: 4/22/2005, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [351-1] motion for protective order under Rule 26(c), [351-2] motion to exclude/preclude further discovery by Adams (jmr) (Entered: 04/25/2005)
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Legal Document (Payment Possibly Required) 368 Filed: 4/18/2005, Entered: None
Response by Phillip M Adams LLC, Phillip M. Adams to [359-1] motion to maintain seal of Mag judge Nuffer's R&R RE: Gateway's possession of Adams' detector software pending ct's decision on dft's obj to same (jmr) (Entered: 04/20/2005)
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Legal Document (Payment Possibly Required) 367 Filed: 4/18/2005, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams for Joinder RE: [363-1] motion for Oral Hearing on sealed objections nos. 360-362 (jmr) (Entered: 04/20/2005)
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Sealed Legal Document 366 Filed: 4/18/2005, Entered: None
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to [361-1] objection, [360-1] objection (jmr) (Entered: 04/20/2005)
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Legal Document (Payment Possibly Required) 365 Filed: 4/14/2005, Entered: None
Certificate of service by Natl Semiconduct Cor re: pro hac vice for Brian E. Ferguson. (jmr) (Entered: 04/19/2005)
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Legal Document (Payment Possibly Required) 364 Filed: 4/18/2005, Entered: None Court Filing
Motion and Order signed by Judge Ted Stewart, 4/15/05 Granting motion/PHV for Attorney Brian E Ferguson, Jiri F. Smetana on behalf of movant Natl Semiconduct Cor cc:attys (jmr) (Entered: 04/19/2005)
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Sealed Legal Document 363 Filed: 4/12/2005, Entered: None
SEALED Motion by Gateway for Oral Hearing on sealed objections nos. 360-362 (alt) (Entered: 04/15/2005)
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Sealed Legal Document 362 Filed: 4/12/2005, Entered: None
SEALED Objections by Gateway to [348-1] order re: expenses & sanctions (alt) (Entered: 04/15/2005)
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Sealed Legal Document 361 Filed: 4/12/2005, Entered: None
SEALED Objections by Gateway to [347-1] report and recommendations (alt) (Entered: 04/15/2005)
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Sealed Legal Document 360 Filed: 4/12/2005, Entered: None
SEALED Objections by Gateway to [346-1] report and recommendations (alt) (Entered: 04/15/2005)
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Sealed Legal Document 359 Filed: 4/12/2005, Entered: None
SEALED Motion by Gateway to maintain seal of Mag judge Nuffer's R&R RE: Gateway's possession of Adams' detector software pending ct's decision on dft's obj to same (alt) (Entered: 04/15/2005)
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Legal Document (Payment Possibly Required) 358 Filed: 4/14/2005, Entered: None Court Filing
Order, that all correspondence from counsel re: case will be lodged in case file and hearings will be scheduled based upon motions filed (See order for details) signed by Judge Ted Stewart , 4/13/05 cc:atty (kvs) (Entered: 04/15/2005)
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Legal Document (Payment Possibly Required) 357 Filed: 4/14/2005, Entered: None
Certificate of service by Natl Semiconduct Cor re: application for admission pro hac vice for Jiri F. Smetana (kvs) (Entered: 04/15/2005)
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Legal Document (Payment Possibly Required) 356 Filed: 4/11/2005, Entered: None
Bill of costs/Declaration of Atty Fees and Costs re: Order entered 3/29/05 from Phillip M Adams LLC, Phillip M. Adams against Gateway (blk) (Entered: 04/12/2005)
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Legal Document (Payment Possibly Required) 355 Filed: 4/11/2005, Entered: None
Memorandum by Natl Semiconduct Cor in support of [354-1] motion to intervene by Natl Semiconduct Cor (blk) (Entered: 04/12/2005)
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Legal Document (Payment Possibly Required) 354 Filed: 4/11/2005, Entered: None
Motion to intervene by Natl Semiconduct Cor (blk) (Entered: 04/12/2005)
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Legal Document (Payment Possibly Required) 353 Filed: 3/31/2005, Entered: None
Declaration of Andy Viger, Esq. in support of: [351-1] motion for protective order under Rule 26(c), [351-2] motion to exclude/preclude further discovery by Adams (jmr) (Entered: 04/01/2005)
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Legal Document (Payment Possibly Required) 352 Filed: 3/31/2005, Entered: None
Memorandum by Natl Semiconduct Cor in support of [351-1] motion for protective order under Rule 26(c), [351-2] motion to exclude/preclude further discovery by Adams (jmr) (Entered: 04/01/2005)
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Legal Document (Payment Possibly Required) 351 Filed: 3/31/2005, Entered: None
Motion by Natl Semiconduct Cor for protective order under Rule 26(c) and to exclude/preclude further discovery by Adams (jmr) (Entered: 04/01/2005)
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Legal Document (Payment Possibly Required) 350 Filed: 3/31/2005, Entered: None
Certificate of service by Compaq Computers re: Non-Party Compaq Computer's Objections to Gateway's Proposed Deposition Topics for Rule 30(B)(6) Deposition of Compaq Computer Corp. (jmr) (Entered: 04/01/2005)
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Legal Document (Payment Possibly Required) 349 Filed: 3/31/2005, Entered: None
Certificate of service by Hewlett Packard re: Non-Party Hewlett-Packard's Objections to Gateway's Proposed Deposition Topics for Rule 30(B)(6) Deposition of Hewlett-Packard Company. (jmr) (Entered: 04/01/2005)
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Legal Document (Payment Possibly Required) 348 Filed: 3/29/2005, Entered: None Court Filing
Order Regarding Expenses and Sanctions; granting expenses including attorney's fees in connection with [80-1] motion to compel and Dft is ordered to pay the sum of $49,000.00 to Plantiffs. It is further ORDERED that by 4/15/05 Adams may also submit an additional affidavit re: expenses and Gateway may file a response fifteen days thereafter. It is further ORDERED that Pla's [87-2] motion for sanctions re: subpeona service is DENIED signed by Judge David Nuffer, 3/29/05 cc:atty (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 347 Filed: 3/29/2005, Entered: None Court Filing
SEALED Report and Recommendations by Judge David Nuffer Re: Spoliation Motions. (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 346 Filed: 3/29/2005, Entered: None Court Filing
SEALED Report and Recommendations by Judge David Nuffer Re: Gateway's Possession of Adams' Detector and Designation of Consulting Experts. (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 345 Filed: 3/29/2005, Entered: None
SEALED E-mail dated 10/6/04 from Pla's Counsel. (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 344 Filed: 3/29/2005, Entered: None
SEALED Drafts of Order Re: Pla's Expedited Motion to Compel and Pla's Motion to Compel. (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 343 Filed: 3/29/2005, Entered: None
SEALED E-mail of John Posthumus Dated 9/10/04 Enclosing Exhibits 1-3 to Gateway's Accounting Re: Detector. (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 342 Filed: 3/29/2005, Entered: None
SEALED Exhibits to Gateway's Statement Re: Consulting Experts, as delivered by e-mail of John Posthumus dated 8/27/04, also included filed. (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 341 Filed: 3/29/2005, Entered: None
SEALED Exhibits to Report and Recommendation re: Gateway's Possession of Adams' Detector And Designation of Consulting Experts filed. (jmr) (Entered: 03/29/2005)
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Legal Document (Payment Possibly Required) 340 Filed: 3/29/2005, Entered: None Court Filing
Order, to file documents re: Gateway's Possession of Adams' Detector And Designation of Consulting Experts under seal. It is further ORDERED that a copy of all the sealed documents shall be served on lead counsel for Adams and lead counsel for Gateway Signed by Judge David Nuffer, 3/28/05 cc:atty (jmr) (Entered: 03/29/2005)
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Sealed Legal Document 339 Filed: 3/28/2005, Entered: None Court Filing
SEALED Reply brief filed by Gateway RE: plas' [322-1] response to Gateway's Objs to Mag Judge Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code (jmr) (Entered: 03/28/2005)
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Sealed Legal Document 338 Filed: 3/28/2005, Entered: None
SEALED Reply by Gateway to response to [317-1] motion for reconsideration of [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 337 Filed: 3/25/2005, Entered: None
Memorandum by Intel Corp in support of [331-1] motion Motion to quash subpeonas (jmr) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 336 Filed: 3/28/2005, Entered: None Court Filing
Order granting [325-1] motion for leave to file replies to plas' responses to Gateway's Objections Order of Magistrate Judge Nuffer signed by Judge Ted Stewart, 3/28/05 cc:atty (jmr) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 335 Filed: 3/28/2005, Entered: None Court Filing
Memorandum Decision denying [252-1] motion for summary judgment against Phillip M. Adams & Assoc on Count II of Plas' Second Amended Complaint, denying [248-1] motion for summary judgment against Phillip M. Adams to Count I of the Second Amended Complaint signed by Judge Stewart on 3/28/05 cc:atty (jmr) (Entered: 03/28/2005)
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Sealed Legal Document 334 Filed: 3/24/2005, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [331-1] motion Motion to quash subpeonas (jmr) (Entered: 03/24/2005)
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Legal Document (Payment Possibly Required) 333 Filed: 3/22/2005, Entered: None Court Filing
Amended Scheduling order Setting ; Deadline for filing of all motions 5:00 10/15/05; Discovery cutoff by 5:00 on 6/15/05 for Fact and by 5:00 on 9/15/05 for Expert ; Special Attorney or Settlement Conference by 3/10/06 ; Final Pretrial Conference for 2:30 3/21/06; Ten Day Bench Trial for 8:30 a.m. on 4/3/06. Signed by Judge David Nuffer on 3/22/05 cc:atty. (jmr) (Entered: 03/22/2005)
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Legal Document (Payment Possibly Required) 332 Filed: 3/21/2005, Entered: None
Memorandum by Intel Corp in support of [331-1] motion Motion to quash subpeonas (jmr) (Entered: 03/22/2005)
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Legal Document (Payment Possibly Required) 331 Filed: 3/21/2005, Entered: None
Notice of Motion by Intel Corp Motion to quash subpeonas (jmr) (Entered: 03/22/2005)
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Legal Document (Payment Possibly Required) 330 Filed: 3/15/2005, Entered: None Court Filing
Order of Reference under 636 (b)(1)(B) that Gateway's Motion Requesting Inference of Patent Invalidity and Uneforceability Pursuant to the Spoliation Doctrine(Docket No. 186) is referred to Magistrate Judge David Nuffer for consideration of the Motion, including oral arguments, evidentiary hearing or other action as deems appropriate and to submit to the undersigned judge a report and recommendation for the proper resolution of the dispositive matters presented. . Case referred to Judge David Nuffer. Signed by Judge Ted Stewart on 3/15/05 (jmr) (Entered: 03/15/2005)
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Legal Document (Payment Possibly Required) 329 Filed: 3/14/2005, Entered: None Court Filing
Order, to file supplemental production binder and related documents under seal signed by Judge David Nuffer, 3/14/05 cc:atty (jmr) (Entered: 03/15/2005)
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Legal Document (Payment Possibly Required) 328 Filed: 3/14/2005, Entered: None
Notice of filing by Hewlett Packard, Compaq Computers re: change of address for atty John F. Schultz. (jmr) (Entered: 03/14/2005)
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Legal Document (Payment Possibly Required) 327 Filed: 3/10/2005, Entered: None
Stipulation by Gateway, Phillip M Adams LLC, Phillip M. Adams to extend time re: discovery , to amend scheduling [306-1] order (jmr) Modified on 03/15/2005 (Entered: 03/11/2005)
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Legal Document (Payment Possibly Required) 326 Filed: 2/16/2005, Entered: None Court Filing
Order denying [297-1] motion for reconsideration of Magistrate Nuffer's [295-1] order re: motions to compel signed by Judge David Nuffer, 2/16/05 cc:atty (jmr) (Entered: 02/16/2005)
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Legal Document (Payment Possibly Required) 325 Filed: 2/14/2005, Entered: None Court Filing
Motion by Gateway for leave to file replies to plas' responses to Gateway's Objections Order of Magistrate Judge Nuffer (jmr) (Entered: 02/15/2005)
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Sealed Legal Document 324 Filed: 2/7/2005, Entered: None
SEALED Memorandum by Gateway in opposition to [316-1] motion to amend [47-1] order in light of Gateway's Reply to Plas' Opposition to Gateway's Designation of Specific Docs Produced Under the Stipulated Confidentiality Protective Order (jmr) (Entered: 02/08/2005)
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Sealed Legal Document 323 Filed: 2/2/2005, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [319-1] objection (jmr) (Entered: 02/02/2005)
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Sealed Legal Document 322 Filed: 2/2/2005, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [317-1] motion for reconsideration of [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 02/02/2005)
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Legal Document (Payment Possibly Required) 321 Filed: 2/2/2005, Entered: None
Answer by Phillip M Adams LLC, Phillip M. Adams to amended counterclaim: [315-1] counter claim (jmr) (Entered: 02/02/2005)
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Legal Document (Payment Possibly Required) 320 Filed: 1/28/2005, Entered: None
Withdrawal of [302-1] motion to compel Gateway to produce GT Stepp, Mike Holstein, and Salah Din for 30(b)(6), [302-2] motion Motion and Memorandum in Support for Sanctions (alt) (Entered: 01/28/2005)
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Sealed Legal Document 319 Filed: 1/18/2005, Entered: None
Sealed Objections by Gateway Magistrate Nuffer's [171-1] order denying Gateway's Expert Access to Adams' Source Code. (jmr) (Entered: 01/19/2005)
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Sealed Legal Document 318 Filed: 1/18/2005, Entered: None
SEALED Objections by Gateway [309-1] order that the revised amended pleading shall be filed on or before 1/14/05 (jmr) (Entered: 01/19/2005)
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Legal Document (Payment Possibly Required) 317 Filed: 1/18/2005, Entered: None
Motion by Gateway for reconsideration of [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 01/19/2005)
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Sealed Legal Document 316 Filed: 1/18/2005, Entered: None
SEALED Request/Motion by Phillip M Adams LLC, Phillip M. Adams to amend [47-1] order in light of Gateway's Reply to Plas' Opposition to Gateway's Designation of Specific Docs Produced Under the Stipulated Confidentiality Protective Order (jmr) (Entered: 01/18/2005)
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Legal Document (Payment Possibly Required) 315 Filed: 1/14/2005, Entered: None
Amended Answer to Second Amended Complaint by Gateway : amends [43-1] complaint answer (jmr) (Entered: 01/18/2005)
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Sealed Legal Document 314 Filed: 1/14/2005, Entered: None
Sealed Reply by Gateway to response to [303-1] motion for Order upholding Gateway's designation of specific docs produced under the stipulated confidentiality protective order (jmr) (Entered: 01/18/2005)
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Sealed Legal Document 313 Filed: 1/5/2005, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [303-1] motion for Order upholding Gateway's designation of specific docs produced under the stipulated confidentiality protective order (jmr) (Entered: 01/06/2005)
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Sealed Legal Document 312 Filed: 1/4/2005, Entered: None Court Filing
SEALED Response by Gateway to Plas' [273-1] response to Gateway's Accounting in Compliance with Judge Nuffer's 8/9/04 Order(doc no. 245). (jmr) (Entered: 01/04/2005)
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Legal Document (Payment Possibly Required) 311 Filed: 1/4/2005, Entered: None Court Filing
Order granting [280-1] motion for leave to file Gateway's Response to Pla's Response to Gateway's accounting in compliance with Magistrate Nuffer's 8/9/04 Order(docket no. 245) signed by Judge David Nuffer, 1/3/05 cc:atty. (jmr) (Entered: 01/04/2005)
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Sealed Legal Document 310 Filed: 1/3/2005, Entered: None
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to [297-1] motion for reconsideration of Magistrate Nuffer's [295-1] order re: motions to compel (jmr) (Entered: 01/04/2005)
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Legal Document (Payment Possibly Required) 309 Filed: 12/30/2004, Entered: None Court Filing
Order granting in part [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit. It is FURTHER ORDERED that the revised amended pleading shall be filed on or before 1/14/05 Signed by Judge David Nuffer, 12/30/04 cc:atty (jmr) (Entered: 01/03/2005)
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Sealed Legal Document 308 Filed: 12/31/2004, Entered: None Court Filing
SEALED Order; denying [257-1] motion for reconsideration of [171-1] order signed by Judge David Nuffer, 12/31/04 cc:atty. (jmr) (Entered: 01/03/2005)
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Legal Document (Payment Possibly Required) 307 Filed: 12/30/2004, Entered: None Court Filing
Order Denying Plas' Motions Regarding Discovery From Intel; denying [162-1] motion to compel Intel Corp to Produce docs pursuant to Subpeona, Memorandum in Support and Statement re: Efforts to Resolve Discovery Dispute, denying [288-1] motion In Camera Review of Docs Withheld by Intel on the Basis of Privilege, denying [288-2] motion For Accounting by Intel re: Intel's Destruction of Intel's Test Utility Software. No costs or attorneys fees are awarded. Signed by Judge David Nuffer, 12/30/04. cc:atty (jmr) (Entered: 12/30/2004)
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Legal Document (Payment Possibly Required) 306 Filed: 12/29/2004, Entered: None Court Filing
Amended Supplemental Scheduling Order granting [305-1] stipulation motion Stip/Joint Request for Clarification re: Supplemental Scheduling Order; The Court ORDERS that the 26(a)(2) deadlines are as follows: 5/16/05 for Plas' and 6/15/05 for Dft's. All other deadlines remain set forth in the Court's 9/9/04 Supplemental Scheduling Order. Signed by Judge David Nuffer, 12/29/04 cc:atty. (jmr) (Entered: 12/29/2004)
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Legal Document (Payment Possibly Required) 305 Filed: 12/16/2004, Entered: None
Stipulation/Joint Request by Gateway, Phillip M Adams LLC, Phillip M. Adams Stip/Joint Request for Clarification re: Supplemental Scheduling Order (jmr) (Entered: 12/17/2004)
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Sealed Legal Document 304 Filed: 12/15/2004, Entered: None
Sealed Memorandum by Gateway in support of [303-1] motion for Order upholding Gateway's designation of specific docs produced under the stipulated confidentiality protective order (jmr) (Entered: 12/16/2004)
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Sealed Legal Document 303 Filed: 12/15/2004, Entered: None
Sealed Motion by Gateway for Order upholding Gateway's designation of specific docs produced under the stipulated confidentiality protective order (jmr) (Entered: 12/16/2004)
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Sealed Legal Document 302 Filed: 12/7/2004, Entered: None
SEALED Expedited Motion by Phillip M Adams LLC, Phillip M. Adams to compel Gateway to produce GT Stepp, Mike Holstein, and Salah Din for 30(b)(6) and Motion and Memorandum in Support for Sanctions (jmr) (Entered: 12/08/2004)
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Sealed Legal Document 301 Filed: 12/2/2004, Entered: None Court Filing
Sealed Enumeration of Deliverables/Memorandum in compliance with Judge Nuffer's [296-1] sealed order filed by Compaq Computers, non party. (jmr) Modified on 12/30/2004 (Entered: 12/03/2004)
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Sealed Legal Document 300 Filed: 12/2/2004, Entered: None Court Filing
Sealed Enumeration of Deliverables/Memorandum in compliance with Judge Nuffer's [296-1] sealed order filed by Hewlett Packard, non party (jmr) Modified on 12/30/2004 (Entered: 12/03/2004)
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Sealed Legal Document 299 Filed: 12/1/2004, Entered: None Court Filing
Sealed Objections by Gateway Magistrate Judge Nuffer's [295-1] order re: Motions to Compel (jmr) (Entered: 12/02/2004)
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Sealed Legal Document 298 Filed: 12/1/2004, Entered: None
Sealed Memorandum by Gateway in support of [297-1] motion for reconsideration of Magistrate Nuffer's [295-1] order re: motions to compel (jmr) (Entered: 12/02/2004)
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Sealed Legal Document 297 Filed: 12/1/2004, Entered: None
SEALED Motion by Gateway for reconsideration of Magistrate Nuffer's [295-1] order re: motions to compel (jmr) (Entered: 12/02/2004)
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Sealed Legal Document 296 Filed: 11/17/2004, Entered: None Court Filing
Sealed Order granting in part, denying in part [219-1] motion to compel HP & Compaq to prod docs & things signed by Judge David Nuffer, 11/17/04 cc:atty. (jmr) (Entered: 11/18/2004)
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Sealed Legal Document 295 Filed: 11/16/2004, Entered: None Court Filing
SEALED Order Granting in Part Gateway's Motions to Compel Disocvery from Plaintiffs; Order granting in part, denying in part [222-1] motion to compel directed at plas re: Gateway's Second Set of Discovery, granting in part, denying in part [231-1] motion to compel plas' responses to interrogatory nos. 2-4 signed by Judge David Nuffer, 11/16/04 cc:atty. (jmr) (Entered: 11/17/2004)
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Legal Document (Payment Possibly Required) 294 Filed: 11/16/2004, Entered: None Court Filing
Minute entry: Counsel appeared to discuss draft orders on the following motions: * Gateway's Motion to Compel HP and Compaq to Produce Documents and Things and for Sanctions, docket no. 219 *Gateway's Motion to Compel Directed at Plaintiffs Regarding Gateway's Second Set of Discovery, docket no. 222 *Gateway's Motion to Compel Plaintiffs' Responses to Interrogatory Nos. 2-4 (of Gateway's First Set of Interrogatories) and for Costs and Attorneys' Fees, docket no. 231 ; Judge: Nuffer Court Reporter: electronic Tape No.: 218, 220 Log No.: 476 - end; 1-3532 Court Deputy: Michelle Peart (mp) (Entered: 11/16/2004)
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Legal Document (Payment Possibly Required) 293 Filed: 11/2/2004, Entered: None
Declaration of Aaron Wainscoat Re: [292-1] opposition memorandum to in camera review of priveleged communications and for accounting (kvs) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 292 Filed: 10/29/2004, Entered: None
Memorandum by Intel Corp in opposition to [288-1] motion In Camera Review of Docs Withheld by Intel on the Basis of Privilege, [288-2] motion For Accounting by Intel re: Intel's Destruction of Intel's Test Utility Software (kvs) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 291 Filed: 11/1/2004, Entered: None
Reply by Phillip M Adams LLC, Phillip M. Adams to response to [288-1] motion In Camera Review of Docs Withheld by Intel on the Basis of Privilege, [288-2] motion For Accounting by Intel re: Intel's Destruction of Intel's Test Utility Software (kvs) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 290 Filed: 10/29/2004, Entered: None
Declaration of Aaron Wainscoat Re: [227-1] opposition memorandum to in camera review of privileged communications and for accounting (jmr) (Entered: 11/01/2004)
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Sealed Legal Document 289 Filed: 10/21/2004, Entered: None
SEALED Reply by Gateway to response to [280-1] motion for leave to file Gateway's Response to Pla's Response to Gateway's accounting in compliance with Magistrate Nuffer's 8/9/04 Order(docket no. 245) (jmr) (Entered: 10/22/2004)
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Legal Document (Payment Possibly Required) 288 Filed: 10/19/2004, Entered: None
Motion/Request by Phillip M Adams LLC, Phillip M. Adams for an In Camera Review of Docs Withheld by Intel on the Basis of Privilege and For Accounting by Intel re: Intel's Destruction of Intel's Test Utility Software (jmr) (Entered: 10/20/2004)
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Sealed Legal Document 287 Filed: 10/18/2004, Entered: None Court Filing
SEALED Order re: Notice of Sealed Hearing Regarding Various Motions, for Hearing signed by Judge David Nuffer, 10/18/04 cc:atty (jmr) (Entered: 10/18/2004)
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Legal Document (Payment Possibly Required) 286 Filed: 10/12/2004, Entered: None Court Filing
Order granting [229-1] motion for Order requiring Factual Contentions in Motions and Other Submissions to the Court to be Supported by Evidentiary Citations, and clarifying use of email signed by Judge David Nuffer, 10/12/04 cc:atty (alt) (Entered: 10/13/2004)
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Sealed Legal Document 285 Filed: 10/12/2004, Entered: None
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to [280-1] motion for leave to file Gateway's Response to Pla's Response to Gateway's accounting in compliance with Magistrate Nuffer's 8/9/04 Order(docket no. 245) (jmr) (Entered: 10/12/2004)
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Legal Document (Payment Possibly Required) 284 Filed: 10/8/2004, Entered: None
Request for hrg filed by Phillip M Adams LLC, Phillip M. Adams re: [162-1] motion to compel Intel Corp to Produce to produce docs pursuant to Subpeona, Memorandum in Support and Statements re: Efforts to Resolve Discovery Dispute. (jmr) Modified on 10/19/2004 (Entered: 10/08/2004)
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Legal Document (Payment Possibly Required) 283 Filed: 10/8/2004, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams to compel National Semiconductor to produce docs pursuant to Subpeona and Statement re: Efforts to Resolve Discovery Dispute. (jmr) (Entered: 10/08/2004)
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Legal Document (Payment Possibly Required) 282 Filed: 10/5/2004, Entered: None Court Filing
Order for Further Delivery of Documents, it is hereby ordered that the documents behind Tab A in the Supplemental Production Binder are now available for delivery to Plas at the chambers of the magistrate judge Signed by Judge David Nuffer, 10/5/04 cc:atty (jmr) (Entered: 10/06/2004)
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Legal Document (Payment Possibly Required) 281 Filed: 10/5/2004, Entered: None Court Filing
Order granting [254-1] motion to seal the documents filed as docket entry nos. 45,97,99,100,114 and 241 signed by Judge David Nuffer, 10/5/04 cc:atty (jmr) Modified on 10/06/2004 (Entered: 10/06/2004)
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Sealed Legal Document 280 Filed: 10/1/2004, Entered: None
SEALED Motion by Gateway for leave to file Gateway's Response to Pla's Response to Gateway's accounting in compliance with Magistrate Nuffer's 8/9/04 Order(docket no. 245) (jmr) Modified on 10/04/2004 (Entered: 10/04/2004)
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Legal Document (Payment Possibly Required) 279 Filed: 9/29/2004, Entered: None Court Filing
Notice of filing by Phillip M Adams LLC, Phillip M. Adams entitled Verification of Exhibit B to plas' response to Gateway's statement in compliance with Magistrate Judge Nuffer's 8/6/04 Order(docket no. 242). (jmr) (Entered: 09/30/2004)
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Sealed Legal Document 278 Filed: 9/24/2004, Entered: None
SEALED Reply by Gateway to response to [257-1] motion for reconsideration of [171-1] order (alt) (Entered: 09/27/2004)
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Sealed Legal Document 277 Filed: 9/23/2004, Entered: None Court Filing
SEALED Response/Statement in Compliance by Gateway to Magistrate Nuffer's [270-1] order(9/15/04) sealing: The three-binder set entitled 'Gateway's Production to the Court of Docs as to Which Gateway No Longer Claims Privilege Under the Terms of Mag Judge Nuffer's Sealed Order of 12/15/03 with accompanying index, Docs behind tabs 9.1 and 116.1 in binder delivered to chambers in supp prod on 12/19/04 together with Gateway's Revised Index to Gateway's Production to the Court of Docs dated 2/19/04. It is further ORDERED that the parties shall file and serve a statement on or before 9/23/04 as to whether Court should deliver to Plas the docs behind Index Nos 15,21,22,33,38,39,47,48,49,50,57,58,59,63,77,78,79,81, 82,83,84,85,86,87,88,89,90,91,92,98,99,102,103,104,105,109, 110,114,122,123,132,133,138,139,144,145,146,149,155,156,157 and 170 in the Supplemental Production Binder delivered 2/19/04 as described in Mr. Posthumus's email dated 2/18/04 10:30 p.m. (jmr) (Entered: 09/24/2004)
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Sealed Legal Document 276 Filed: 9/23/2004, Entered: None
SEALED Reply by Gateway to response to [248-1] motion for summary judgment against Phillip M. Adams to Count I of the Second Amended Complaint, [252-1] motion for summary judgment against Phillip M. Adams & Assoc on Count II of Plas' Second Amended Complaint (jmr) (Entered: 09/24/2004)
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Sealed Legal Document 275 Filed: 9/23/2004, Entered: None Court Filing
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to [270-1] order sealing: The three-binder set entitled 'Gateway's Production to the Court of Docs as to Which Gateway No Longer Claims Privilege Under the Terms of Mag Judge Nuffer's Sealed Order of 12/15/03 with accompanying index, Docs behind tabs 9.1 and 116.1 in binder delivered to chambers in supp prod on 12/19/04 together with Gateway's Revised Index to Gateway's Production to the Court of Docs dated 2/19/04. It is further ORDERED that the parties shall file and serve a statement on or before 9/23/04 as to whether Court should deliver to Plas the docs behind Index Nos 15,21,22,33,38,39,47,48,49,50,57,58,59,63,77,78,79,81, 82,83,84,85,86,87,88,89,90,91,92,98,99,102,103,104,105,109, 110,114,122,123,132,133,138,139,144,145,146,149,155,156,157 and 170 in the Supplemental Production Binder delivered 2/19/04 as described in Mr. Posthumus's email dated 2/18/04 10:30 p.m. (jmr) (Entered: 09/23/2004)
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Sealed Legal Document 274 Filed: 9/15/2004, Entered: None
SEALED Reply by Gateway to response to [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 09/20/2004)
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Sealed Legal Document 273 Filed: 9/17/2004, Entered: None Court Filing
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to Gateway's [264-1] document(s)/accounting in compliance with Magistrate Judge Nuffer's 8/9/04 Order (jmr) (Entered: 09/20/2004)
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Sealed Legal Document 272 Filed: 9/15/2004, Entered: None Court Filing
SEALED DOCUMENT entitled Documents 9.1 and 116.1 From Supplemental Production February 19,2004 and 'Revised Index to Gateway's Production to the Court of Documents as to Which Gateway no longer claims privilege under the terms of Magistrate Judge Nuffer's Sealed Order of December 15, 2003'. (jmr) (Entered: 09/15/2004)
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Sealed Legal Document 271 Filed: 9/15/2004, Entered: None
SEALED DOCUMENT entitled Gateway's Production to the Court of Documents as to Which Gateway no Longer Claims Privilege Under the Terms of Magistrate Nuffer's Sealed Order of 12/15/03. (jmr) (Entered: 09/15/2004)
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Legal Document (Payment Possibly Required) 270 Filed: 9/15/2004, Entered: None Court Filing
Order for Delivery of Documents and Filing Under Seal, sealing: The three-binder set entitled 'Gateway's Production to the Court of Docs as to Which Gateway No Longer Claims Privilege Under the Terms of Mag Judge Nuffer's Sealed Order of 12/15/03 with accompanying index, Docs behind tabs 9.1 and 116.1 in binder delivered to chambers in supp prod on 12/19/04 together with Gateway's Revised Index to Gateway's Production to the Court of Docs dated 2/19/04. It is further ORDERED that the parties shall file and serve a statement on or before 9/23/04 as to whether Court should deliver to Plas the docs behind Index Nos 15,21,22,33,38,39,47,48,49,50,57,58,59,63,77,78,79,81, 82,83,84,85,86,87,88,89,90,91,92,98,99,102,103,104,105,109, 110,114,122,123,132,133,138,139,144,145,146,149,155,156,157 and 170 in the Supplemental Production Binder delivered 2/19/04 as described in Mr. Posthumus's email dated 2/18/04 10:30 p.m. signed by Judge David Nuffer, 9/15/04 cc:atty (jmr) (Entered: 09/15/2004)
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Legal Document (Payment Possibly Required) 269 Filed: 9/14/2004, Entered: None Court Filing
Memorandum Decision and Order Affirming Magistrate Judge's Order Regarding Motion for Relief and Denying Gateway's Motion to Strike; affirming Magistrate Nuffer's [171-1] order, denying Gateway's [196-1] motion to strike Plas' [188-1] response to Gateway's Objections to Magistrate Judge Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code, denying and Gateway's [196-2] motion for leave to file reply to pla's response to Gateway's objections to Magistrate Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code. Signed by Judge Ted Stewart on 9/14/04 cc:atty (jmr) (Entered: 09/15/2004)
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Legal Document (Payment Possibly Required) 268 Filed: 9/14/2004, Entered: None Court Filing
Memorandum Decision Affirming Magistrate's Sealed Order Granting Motion to Compel Documents Withheld Based on Privilege, Denying Gateway's Motion to Strike and Denying Adams' Motion to Strike Attachment E; denying as OVERRULED [139-1] objection to 12/15/03 Sealed Order, Affirming and adopting in full [131-1] order, denying Gateway's [191-1] motion to strike Adam's response to its Objection, denying Adams' [147-1] motion to strike eleven pages of legal argument and briefing in attachment E of [139-1] objection, denying Pla's [237-1] motion for Hearing on Gateway's Sealed Objections to Judge Nuffer's Sealed Order Granting Motion to Compel Docs Withheld on the Basis of Privilege, denying Pla's [237-2] motion Suggestion for Adoption of Local Rule re: Objections to Non-Dispositive Discovery Orders. Signed by Judge Ted Stewart on 9/14/04 cc:atty. (jmr) Modified on 09/15/2004 (Entered: 09/14/2004)
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Legal Document (Payment Possibly Required) 267 Filed: 9/13/2004, Entered: None
Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [257-1] motion for reconsideration of [171-1] order (jmr) (Entered: 09/14/2004)
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Legal Document (Payment Possibly Required) 266 Filed: 9/13/2004, Entered: None
Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [248-1] motion for summary judgment against Phillip M. Adams to Count I of the Second Amended Complaint, [252-1] motion for summary judgment against Phillip M. Adams & Assoc on Count II of Plas' Second Amended Complaint (jmr) (Entered: 09/14/2004)
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Sealed Legal Document 265 Filed: 9/10/2004, Entered: None
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to [256-1] document(s) (jmr) Modified on 10/05/2004 (Entered: 09/13/2004)
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Sealed Legal Document 264 Filed: 9/10/2004, Entered: None Court Filing
SEALED DOCUMENT entitled Gateway's Accounting in Compliance with Magistrate Judge David Nuffer's 8/9/04 Order(Dkt No. 246). (jmr) (Entered: 09/13/2004)
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Legal Document (Payment Possibly Required) 263 Filed: 9/9/2004, Entered: None Court Filing
Supplemental Scheduling order Setting ; Deadline for filing of all dispositive motions 8/15/05 ; Fact discovery cutoff 4/15/05 and Expert Discovery cutoff 7/15/05 ; Special Attorney or Settlement Conference by 12/19/05 ; Final Pretrial Conference for 2:30 p.m. on 1/3/06 ; Ten Day Bench Trial for 8:30 a.m. on 1/16/06. Signed by Judge David Nuffer on 9/9/04 cc:atty. (jmr) (Entered: 09/09/2004)
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Legal Document (Payment Possibly Required) 262 Filed: 9/2/2004, Entered: None
Stipulation by Gateway, Phillip M Adams LLC, Phillip M. Adams Stip to extend time for fact discovery deadline to 4/15/05 and to extend time for expert discovery deadline to 7/15/05 (jmr) (Entered: 09/03/2004)
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Sealed Legal Document 261 Filed: 9/1/2004, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 09/02/2004)
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Sealed Legal Document 260 Filed: 8/31/2004, Entered: None
SEALED Exhibits filed by defendant Gateway RE: Designation of Consulting Experts. (jmr) (Entered: 09/01/2004)
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Sealed Legal Document 259 Filed: 8/31/2004, Entered: None Court Filing
Order to Seal Exhibits Regarding Designation of Consulting Experts, sealing email dated 8/27/04 by which the exhibits were delivered to the magistrate judge and the exhibits themselves shall be filed under seal . It is further ORDERED that the email dated 8/27/04 by which the Statement of Compliance was served on Pla's counsel shall be lodged in file signed by Judge David Nuffer, 8/31/04 cc:atty (jmr) (Entered: 09/01/2004)
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Sealed Legal Document 258 Filed: 8/27/2004, Entered: None
SEALED Memorandum by Gateway in support of [257-1] motion for reconsideration of [171-1] order (jmr) (Entered: 08/30/2004)
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Sealed Legal Document 257 Filed: 8/27/2004, Entered: None
SEALED Motion by Gateway for reconsideration of [171-1] order (jmr) (Entered: 08/30/2004)
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Legal Document (Payment Possibly Required) 256 Filed: 8/27/2004, Entered: None Court Filing
Notice of filing by Gateway's SEALED Statement in Compliance with Magistrate Judge Nuffer's 8/6/04 Order. (jmr) (Entered: 08/30/2004)
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Legal Document (Payment Possibly Required) 255 Filed: 8/27/2004, Entered: None
Errata to [251-1] support memorandum filed by Gateway. (jmr) (Entered: 08/30/2004)
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Legal Document (Payment Possibly Required) 254 Filed: 8/24/2004, Entered: None
Motion by Hewlett Packard, Compaq Computers to seal docket entry nos. 45,97,99,100,114 and 241 (jmr) (Entered: 08/30/2004)
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Sealed Legal Document 253 Filed: 8/17/2004, Entered: None
SEALED Memorandum by Gateway in support of [252-1] motion for summary judgment against Phillip M. Adams & Assoc on Count II of Plas' Second Amended Complaint (jmr) (Entered: 08/18/2004)
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Legal Document (Payment Possibly Required) 252 Filed: 8/17/2004, Entered: None
Motion by Gateway for summary judgment against Phillip M. Adams & Assoc on Count II of Plas' Second Amended Complaint (jmr) (Entered: 08/18/2004)
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Legal Document (Payment Possibly Required) 251 Filed: 8/17/2004, Entered: None
Memorandum by Gateway in support of [250-1] motion to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 08/18/2004)
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Legal Document (Payment Possibly Required) 250 Filed: 8/17/2004, Entered: None
Motion by Gateway to amend [23-1] complaint answer and counterclaim to second amended complaint based on IBM's Ownership of the Patents-In-Suit (jmr) (Entered: 08/18/2004)
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Sealed Legal Document 249 Filed: 8/13/2004, Entered: None
SEALED Memorandum by Gateway in support of [248-1] motion for summary judgment against Phillip M. Adams to Count I of the Second Amended Complaint (jmr) (Entered: 08/16/2004)
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Legal Document (Payment Possibly Required) 248 Filed: 8/13/2004, Entered: None
Motion by Gateway for summary judgment against Phillip M. Adams to Count I of the Second Amended Complaint (jmr) (Entered: 08/16/2004)
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Legal Document (Payment Possibly Required) 247 Filed: 8/10/2004, Entered: None
Reply by Gateway to response to [231-1] motion to compel plas' responses to interrogatory nos. 2-4 (jmr) (Entered: 08/11/2004)
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Legal Document (Payment Possibly Required) 246 Filed: 8/10/2004, Entered: None
Reply by Gateway to response to [229-1] motion for Order requiring Factual Contentions in Motions and Other Submissions to the Court to be Supported by Evidentiary Citations (jmr) (Entered: 08/11/2004)
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Legal Document (Payment Possibly Required) 245 Filed: 8/9/2004, Entered: None Court Filing
Order RE: Failure to Disclose Detector: denying [218-1] motion for order to show cause hearing re: how Gateway obtained stolen detector, Gateway to file detailed account of the detector software file by 9/3/04 , Gateway to file and serve statements under oath from each person re: detector software file . It is further ORDERED that if Gateway claims any of the statements or docs required under subparagraph b are protected by privilege that by 9/3/04 it shall file those materials under seal and serve other parties with memo outlining its claims of privilege . It is further ORDERED that Adams may respond to any such memo on or before 9/17/04 See order for details. Signed by Judge David Nuffer, 8/9/04 cc:atty (jmr) (Entered: 08/11/2004)
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Sealed Legal Document 244 Filed: 8/6/2004, Entered: None
SEALED Exhibits filed by defendant Gateway pursuant to Order no. 214 (alt) (Entered: 08/09/2004)
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Legal Document (Payment Possibly Required) 243 Filed: 8/6/2004, Entered: None Court Filing
Order filing and sealing exhibits rec'd from Gateway on 5/28/04 in response to order no. 214 signed by Judge David Nuffer, 8/6/04 cc:atty (alt) (Entered: 08/09/2004)
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Legal Document (Payment Possibly Required) 242 Filed: 8/6/2004, Entered: None Court Filing
Order Gateway to prepare/submit a list of consulting experts for in camera review and file/serve a stmt re: determination of expert status oob 8/27/04 , Adams has leave to file responsive stmt oob 9/10/04 signed by Judge David Nuffer, 8/6/04 cc:atty (alt) (Entered: 08/06/2004)
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Sealed Legal Document 241 Filed: 7/30/2004, Entered: None
SEALED Reply by Gateway to response to [219-1] motion to compel HP & Compaq to prod docs & things, [219-2] motion for sanctions(Sealed per Order no. 281). (jmr) Modified on 10/06/2004 (Entered: 08/02/2004)
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Sealed Legal Document 240 Filed: 7/30/2004, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [231-1] motion to compel plas' responses to interrogatory nos. 2-4 (jmr) (Entered: 08/02/2004)
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Sealed Legal Document 239 Filed: 7/30/2004, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [229-1] motion for Order requiring Factual Contentions in Motions and Other Submissions to the Court to be Supported by Evidentiary Citations (jmr) (Entered: 08/02/2004)
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Sealed Legal Document 238 Filed: 7/29/2004, Entered: None
SEALED Reply by Gateway to response to [222-1] motion to compel directed at plas re: Gateway's Second Set of Discovery (jmr) (Entered: 07/30/2004)
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Legal Document (Payment Possibly Required) 237 Filed: 7/26/2004, Entered: None Court Filing
Motion by Phillip M Adams LLC, Phillip M. Adams for Hearing on Gateway's Sealed Objections to Judge Nuffer's Sealed Order Granting Motion to Compel Docs Withheld on the Basis of Privlege and Suggestion for Adoption of Local Rule re: Objections to Non-Dispositive Discovery Orders (jmr) (Entered: 07/26/2004)
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Legal Document (Payment Possibly Required) 236 Filed: 7/22/2004, Entered: None Court Filing
Order granting [233-1] stipulation motion to extend time upto 7/30/04 for Gateway to reply to Hewlett-Packard's and Compaq's Response to Gateway's Motion to Compel signed by Judge David Nuffer, 7/22/04 cc:atty. (jmr) (Entered: 07/26/2004)
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Legal Document (Payment Possibly Required) 235 Filed: 7/22/2004, Entered: None Court Filing
Order granting [234-1] motion to seal plas' reply in support of plas' request for order to show cause hearing re: how Gateway obtained stolen detector(document no. 226) signed by Judge David Nuffer, 7/22/04 cc:atty. (jmr) (Entered: 07/26/2004)
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Legal Document (Payment Possibly Required) 234 Filed: 7/20/2004, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams to seal plas' reply in support of plas' request for order to show cause hearing re: how Gateway obtained stolen detector(document no. 226) (jmr) (Entered: 07/21/2004)
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Legal Document (Payment Possibly Required) 233 Filed: 7/19/2004, Entered: None
Stipulation by Gateway, Hewlett Packard, Compaq Computers Stip to extend time upto 7/30/04 for Gateway to reply to Hewlett-Packard's and Compaq's Response to Gateway's Motion to Compel (jmr) (Entered: 07/20/2004)
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Legal Document (Payment Possibly Required) 232 Filed: 7/15/2004, Entered: None
Memorandum by Gateway in support of [231-1] motion to compel plas' responses to interrogatory nos. 2-4, [231-2] motion for costs and attorney fees (jmr) (Entered: 07/16/2004)
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Legal Document (Payment Possibly Required) 231 Filed: 7/15/2004, Entered: None
Motion by Gateway to compel plas' responses to interrogatory nos. 2-4 and for costs and attorney fees (jmr) (Entered: 07/16/2004)
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Sealed Legal Document 230 Filed: 7/15/2004, Entered: None
SEALED Memorandum by Gateway in support of [229-1] motion for Order requiring Factual Contentions in Motions and Other Submissions to the Court to be Supported by Evidentiary Citations (jmr) (Entered: 07/16/2004)
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Legal Document (Payment Possibly Required) 229 Filed: 7/15/2004, Entered: None
Motion by Gateway for Order requiring Factual Contentions in Motions and Other Submissions to the Court to be Supported by Evidentiary Citations (jmr) (Entered: 07/16/2004)
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Sealed Legal Document 228 Filed: 7/14/2004, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [222-1] motion to compel directed at plas re: Gateway's Second Set of Discovery (jmr) (Entered: 07/15/2004)
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Sealed Legal Document 227 Filed: 7/8/2004, Entered: None
SEALED Memorandum by Hewlett Packard, Compaq Computers in opposition to [219-1] motion to compel HP & Compaq to prod docs & things (jmr) (Entered: 07/09/2004)
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Sealed Legal Document 226 Filed: 7/8/2004, Entered: None
SEALED Reply by Phillip M Adams LLC, Phillip M. Adams to response to [218-1] motion for order to show cause hearing re: how Gateway obtained stolen detector (jmr) Modified on 07/26/2004 (Entered: 07/09/2004)
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Legal Document (Payment Possibly Required) 225 Filed: 7/6/2004, Entered: None
Response by Gateway to [218-1] motion for order to show cause hearing re: how Gateway obtained stolen detector (jmr) (Entered: 07/07/2004)
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Legal Document (Payment Possibly Required) 224 Filed: 6/28/2004, Entered: None Court Filing
Order granting [221-1] motion to extend time for Hewlett-Packard and Compaq to respond to Gateway's Motion to Compel HP and Compaq to Produce docs and things and for sanctions signed by Judge David Nuffer, 6/30/04 cc:atty (alt) (Entered: 07/02/2004)
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Sealed Legal Document 223 Filed: 6/25/2004, Entered: None
SEALED Memorandum by Gateway in support of [222-1] motion to compel directed at plas re: Gateway's Second Set of Discovery (jmr) (Entered: 06/28/2004)
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Legal Document (Payment Possibly Required) 222 Filed: 6/25/2004, Entered: None
Motion by Gateway to compel directed at plas re: Gateway's Second Set of Discovery (jmr) (Entered: 06/28/2004)
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Legal Document (Payment Possibly Required) 221 Filed: 6/25/2004, Entered: None
Agreed Motion by Hewlett Packard, Compaq Computers, Gateway to extend time for Hewlett-Packard and Compaq to respond to Gateway's Motion to Compel HP and Compaq to Produce docs and things and for sanctions (jmr) (Entered: 06/28/2004)
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Sealed Legal Document 220 Filed: 6/16/2004, Entered: None
SEALED Memorandum by Gateway in support of [219-1] motion to compel HP & Compaq to prod docs & things, [219-2] motion for sanctions (alt) (Entered: 06/17/2004)
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Sealed Legal Document 219 Filed: 6/16/2004, Entered: None
SEALED Motion by Gateway to compel HP & Compaq to prod docs & things , for sanctions (alt) (Entered: 06/17/2004)
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Legal Document (Payment Possibly Required) 218 Filed: 6/15/2004, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams for order to show cause hearing re: how Gateway obtained stolen detector (jmr) (Entered: 06/16/2004)
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Legal Document (Payment Possibly Required) 217 Filed: 5/14/2004, Entered: None Court Filing
Order granting [216-1] motion for Patricia Proctor to withdraw as attorney for Hewlitt Packard and Compaq Computer (Terminated attorney Patricia Proctor for Hewlett Packard) Signed by Judge Ted Stewart, 5/14/04 cc:atty. (jmr) (Entered: 05/14/2004)
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Legal Document (Payment Possibly Required) 216 Filed: 5/12/2004, Entered: None
Motion by Hewlett Packard, Compaq Computers for Patricia Proctor to withdraw as attorney for Hewlitt Packard and Compaq Computer (jmr) (Entered: 05/13/2004)
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Legal Document (Payment Possibly Required) 215 Filed: 5/11/2004, Entered: None Court Filing
Order of Reference under 636 (b)(1)(B) and the rules of this Court, counterclaim Adams' Motion for Entry of Judgment Based Upon Failure to Disclose and Deceptive Use of Privilege Log is referred to Magistrate Judge David Nuffer for consideration of the Motion, including oral arguments, evidentiary hearing or other action as he deems appropriate, and to submit to the undersigned judge a report and recommendation for the proper resolution of the dispositive matters presented. Signed by Judge Ted Stewart on 5/11/04. (jmr) (Entered: 05/12/2004)
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Legal Document (Payment Possibly Required) 214 Filed: 5/7/2004, Entered: None Court Filing
Order granting [197-1] ex parte motion for expedited in camera review of email attaching stolen detector & surrounding email and it is further ORDERED that Gateway shall produce to the magistrate judge on or before 5/28/04 for further in camera review and consideration on Pla's Motion for Jgm and Sanctions Based Upon Failure to Disclose Stolen Detector and Deceptive Use of Consulting Expert Designation Privilege Logs signed by Judge David Nuffer , 5/7/04 cc:atty (jmr) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 213 Filed: 5/7/2004, Entered: None Court Filing
Order denying [191-1] motion to strike plas' ex parte communications with the Court, denying [191-2] motion for sanctions against Adams for his improper ex parte communications. Signed by Judge David Nuffer, 5/7/04 cc:atty (jmr) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 212 Filed: 5/7/2004, Entered: None
Surreply Brief by Gateway re: [87-1] motion to compel compliance with Rule 45(b)(1), [87-2] motion for sanctions (jmr) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 211 Filed: 5/7/2004, Entered: None Court Filing
Order granting Gateway's [192-1] motion for leave to file sur-reply bringing to the Court's attention Adams' misrepresentation regarding an Intel subpeona allegedly served by Gateway. Signed by Judge David Nuffer, 5/7/04 cc:atty. (jmr) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 210 Filed: 5/7/2004, Entered: None
Withdrawal of [161-1] motion to compel Gateway to respond to Pla's Second Set of Discovery Requests, [161-2] motion Plas move for sanctions and memorandum in support of. (jmr) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 209 Filed: 5/4/2004, Entered: None Court Filing
Reply by Gateway to response to [196-1] motion to strike Plas' [188-1] response to Gateway's Objections to Magistrate Judge Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code (jmr) (Entered: 05/05/2004)
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Legal Document (Payment Possibly Required) 208 Filed: 5/4/2004, Entered: None
Reply by Gateway to response to [196-2] motion for leave to file reply to pla's response to Gateway's objections to Magistrate Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code, [192-1] motion for leave to file sur-reply bringing to the Court's attention Adams' misrepresentation regarding an Intel subpeona allegedly served by Gateway (jmr) (Entered: 05/05/2004)
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Legal Document (Payment Possibly Required) 207 Filed: 5/4/2004, Entered: None
Reply by Gateway to response to [191-1] motion to strike plas' ex parte communications with the Court, [191-2] motion for sanctions against Adams for his improper ex parte communications (jmr) (Entered: 05/05/2004)
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Legal Document (Payment Possibly Required) 206 Filed: 5/3/2004, Entered: None
Response by Gateway to [197-1] ex parte motion for expedited in camera review of email attaching stolen detector & surrounding email (jmr) (Entered: 05/04/2004)
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Legal Document (Payment Possibly Required) 205 Filed: 4/29/2004, Entered: None
Return of service executed re: Subpeona served on William Giffin c/o Kathleen Giffin, spouse on 4/26/04. (jmr) (Entered: 04/30/2004)
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Legal Document (Payment Possibly Required) 204 Filed: 4/29/2004, Entered: None
Certificate of service by Gateway re: Subpoena in a Civil case served on William Giffin. (jmr) (Entered: 04/30/2004)
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Sealed Legal Document 203 Filed: 4/27/2004, Entered: None
Sealed Reply by Gateway to response to [186-1] motion requesting inference of patent invalidity and unenforceability pursuant to the spoliation doctrine (jmr) (Entered: 04/28/2004)
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Legal Document (Payment Possibly Required) 202 Filed: 4/23/2004, Entered: None Court Filing
Response by Phillip M Adams LLC, Phillip M. Adams to [192-1] motion for leave to file sur-reply bringing to the Court's attention Adams' misrepresentation regarding an Intel subpeona allegedly served by Gateway, [196-1] motion to strike Plas' [188-1] response to Gateway's Objections to Magistrate Judge Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code, [196-2] motion for leave to file reply to pla's response to Gateway's objections to Magistrate Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code (jmr) Modified on 05/12/2004 (Entered: 04/26/2004)
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Legal Document (Payment Possibly Required) 201 Filed: 4/21/2004, Entered: None
Declaration of Phillip M. Adams in support of: [200-1] response reply (jmr) (Entered: 04/22/2004)
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Legal Document (Payment Possibly Required) 200 Filed: 4/21/2004, Entered: None
Reply by Phillip M Adams LLC, Phillip M. Adams to response to [176-1] motion for entry of judgment based upon failure to disclose and deceptive use of privilege logs, [176-2] motion for sanctions based on failure to disclose and deceptive use of privilege logs (jmr) (Entered: 04/22/2004)
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Sealed Legal Document 199 Filed: 4/16/2004, Entered: None
SEALED Exhibits filed by plaintiff Phillip M Adams LLC, plaintiff Phillip M. Adams RE: [198-1] opposition memorandum (jmr) (Entered: 04/19/2004)
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Legal Document (Payment Possibly Required) 198 Filed: 4/16/2004, Entered: None
Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [186-1] motion requesting inference of patent invalidity and unenforceability pursuant to the spoliation doctrine (jmr) (Entered: 04/19/2004)
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Sealed Legal Document 197 Filed: 4/15/2004, Entered: None
SEALED Ex parte motion by Phillip M. Adams, Phillip M Adams LLC for expedited in camera review of email attaching stolen detector & surrounding email (alt) (Entered: 04/16/2004)
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Legal Document (Payment Possibly Required) 196 Filed: 4/14/2004, Entered: None Court Filing
Motion by Gateway to strike Plas' [188-1] response to Gateway's Objections to Magistrate Judge Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code or in the alternative for leave to file reply to pla's response to Gateway's objections to Magistrate Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code (jmr) Modified on 04/26/2004 (Entered: 04/15/2004)
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Sealed Legal Document 195 Filed: 4/12/2004, Entered: None
SEALED Exhibits A thru N filed by defendant Gateway RE: [193-1] opposition memorandum (jmr) (Entered: 04/13/2004)
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Legal Document (Payment Possibly Required) 194 Filed: 4/12/2004, Entered: None
Declaration of John R. Posthumus. (jmr) (Entered: 04/13/2004)
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Legal Document (Payment Possibly Required) 193 Filed: 4/12/2004, Entered: None
Response/Memorandum by Gateway in opposition to [176-1] motion for entry of judgment based upon failure to disclose and deceptive use of privilege logs (jmr) Modified on 04/13/2004 (Entered: 04/13/2004)
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Legal Document (Payment Possibly Required) 192 Filed: 4/9/2004, Entered: None
Motion by Gateway for leave to file sur-reply bringing to the Court's attention Adams' misrepresentation regarding an Intel subpeona allegedly served by Gateway (jmr) (Entered: 04/12/2004)
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Legal Document (Payment Possibly Required) 191 Filed: 4/9/2004, Entered: None
Motion by Gateway to strike plas' ex parte communications with the Court and for sanctions against Adams for his improper ex parte communications (jmr) (Entered: 04/12/2004)
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Legal Document (Payment Possibly Required) 190 Filed: 4/9/2004, Entered: None Court Filing
Order granting [189-1] motion to extend time upto 4/12/04 for dft Gateway to file its respond to Plas' Motion for Jgm signed by Judge David Nuffer, 4/9/04 cc:atty. (jmr) (Entered: 04/09/2004)
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Legal Document (Payment Possibly Required) 189 Filed: 4/7/2004, Entered: None
Motion by Gateway to extend time upto 4/12/04 for dft Gateway to file its respond to Plas' Motion for Jgm (jmr) (Entered: 04/08/2004)
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Sealed Legal Document 188 Filed: 4/5/2004, Entered: None
SEALED Response by Phillip M Adams LLC, Phillip M. Adams to Gateway's [182-1] objection (jmr) (Entered: 04/06/2004)
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Legal Document (Payment Possibly Required) 187 Filed: 4/5/2004, Entered: None Court Filing
Order granting [185-1] motion to extend time upto 4/7/04 for Gateway to file its response to Pla's Motion for Judgment(docket no. 176) signed by Judge Ted Stewart, 4/5/04 cc:atty (jmr) (Entered: 04/06/2004)
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Sealed Legal Document 186 Filed: 4/1/2004, Entered: None
SEALED Motion by Gateway requesting inference of patent invalidity and unenforceability pursuant to the spoliation doctrine (ce) (Entered: 04/02/2004)
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Legal Document (Payment Possibly Required) 185 Filed: 3/30/2004, Entered: None
Unnopposed Motion by Gateway to extend time upto 4/7/04 for Gateway to file its response to Pla's Motion for Judgment(docket no. 176) (jmr) (Entered: 03/31/2004)
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Legal Document (Payment Possibly Required) 184 Filed: 3/26/2004, Entered: None Court Filing
Amended Scheduling order Setting; Deadline for filing of all dispositive motions 5:00 p.m. on 2/15/05 ; Fact Discovery cutoff by 5:00 p.m. on 10/15/04 and Expert Discovery cutoff 5:00 p.m. on 1/15/05 ; Special Attorney or Settlement Conference by 6/30/05 ; Final Pretrial Conference for 2:30 p.m. on 7/5/05 ; Ten Day Bench Trial for 8:30 a.m. on 7/18/05. Granting motion no. 180 to amend/extend scheduling order. Signed by Judge David Nuffer on 3/26/04 cc:atty. (jmr) (Entered: 03/29/2004)
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Legal Document (Payment Possibly Required) 183 Filed: 3/25/2004, Entered: None Court Filing
Protective Order Regarding HP Documents and Testimony; granting [181-1] motion Agreed Motion for protective order. See order for details. Signed by Judge David Nuffer, 3/25/04 cc:atty (jmr) (Entered: 03/26/2004)
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Legal Document (Payment Possibly Required) 182 Filed: 3/23/2004, Entered: None
Objections by Gateway [171-1] Magistrate Nuffer's Order Denying Gateway's Expert Access to Adams' Source Code. (jmr) (Entered: 03/24/2004)
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Legal Document (Payment Possibly Required) 181 Filed: 3/22/2004, Entered: None
Agreed Motion by Hewlett Packard, Gateway Agreed Motion for protective order (jmr) (Entered: 03/23/2004)
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Legal Document (Payment Possibly Required) 180 Filed: 3/19/2004, Entered: None
Joint Motion/Stipulation by Gateway, Phillip M Adams LLC, Phillip M. Adams Stip to extend time upto 10/15/04 for fact discovery and upto 1/15/05 for expert discovery and Stip to amend proposed scheduling order (jmr) (Entered: 03/22/2004)
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Legal Document (Payment Possibly Required) 179 Filed: 3/18/2004, Entered: None Court Filing
Protective Order Regarding Intel Documents and Testimony. See order for details. Signed by Judge David Nuffer on 3/18/04 cc: atty. (jmr) (Entered: 03/18/2004)
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Sealed Legal Document 178 Filed: 3/16/2004, Entered: None
SEALED Exhibits filed by plaintiff Phillip M Adams LLC, plaintiff Phillip M. Adams RE: [176-1] motion for entry of judgment based upon failure to disclose and deceptive use of privilege logs (jmr) (Entered: 03/16/2004)
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Legal Document (Payment Possibly Required) 177 Filed: 3/16/2004, Entered: None
Memorandum by Phillip M Adams LLC, Phillip M. Adams in support of [176-1] motion for entry of judgment based upon failure to disclose and deceptive use of privilege logs, [176-2] motion for sanctions based on failure to disclose and deceptive use of privilege logs (jmr) (Entered: 03/16/2004)
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Legal Document (Payment Possibly Required) 176 Filed: 3/16/2004, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams for entry of judgment based upon failure to disclose and deceptive use of privilege logs and for sanctions based on failure to disclose and deceptive use of privilege logs (jmr) (Entered: 03/16/2004)
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Legal Document (Payment Possibly Required) 175 Filed: 3/12/2004, Entered: None
Certificate of service by Hewlett Packard re: response to Gateways Subpoena (kvs) (Entered: 03/15/2004)
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Legal Document (Payment Possibly Required) 174 Filed: 3/10/2004, Entered: None
Notice of filing by Gateway Supplemental Notebook with Documents to Which Gateway Does Not Claim Privilege Pursuant to the Court's 12/15/03 Order (Court's Set 1 of 2). (jmr) Modified on 03/22/2004 (Entered: 03/11/2004)
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Legal Document (Payment Possibly Required) 173 Filed: 3/10/2004, Entered: None
Notice of filing by Gateway of SEALED Supplemental Notebook with Privileged Documents.(Court's Set 1 of 2). (jmr) (Entered: 03/11/2004)
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Legal Document (Payment Possibly Required) 172 Filed: 3/10/2004, Entered: None
Notice of filing by Gateway: Narrative argument date 3/10/04 delivered to Magistrate Nuffer's Chambers. (jmr) (Entered: 03/11/2004)
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Legal Document (Payment Possibly Required) 171 Filed: 3/9/2004, Entered: None Court Filing
Order Regarding Motion for Relief Under the Protective Order. Denying [165-1] file notice, Gateway's request for Ahearn to have access to Pla's source code. It is hereby Ordered that Gateway shall not, without further leave of court, provide Plas' source code to its expert Ahearn. Signed by Judge David Nuffer, 3/9/04 cc:atty (jmr) Modified on 03/24/2004 (Entered: 03/09/2004)
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Legal Document (Payment Possibly Required) 170 Filed: 3/8/2004, Entered: None Court Filing
Protective Order Regarding Compaq Documents and Testimony. See order for details. Signed by Judge David Nuffer on 3/8/04 cc: atty (jmr) (Entered: 03/09/2004)
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Legal Document (Payment Possibly Required) 169 Filed: 2/23/2004, Entered: None Court Filing
Motion and Order signed by Judge Ted Stewart, 2/23/04. Granting motion/PHV for Attorney Megan R. Whyman, Aaron Wainscoat on behalf of movant Intel Corp cc:attys (jmr) (Entered: 02/24/2004)
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Legal Document (Payment Possibly Required) 168 Filed: 2/23/2004, Entered: None
Declaration of Brian A. Carpenter pursuant to: [154-1] order It is further Ordered that all parties shall comply with the service requirements of FRCP 45(b)(1) by serving a copy of any subpeona on the other party at the time the subpeona is issued and sent for service, and that Gateqay shall within 20 days of this order file an affidavit identifying all subpoenas it has issued in this action and stating that it has served Adams a copy of all documents it has received from parties named in such subpeonas. A copy of the affidavit shall be sent directly to the magistrate judge. (jmr) (Entered: 02/24/2004)
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Sealed Legal Document 167 Filed: 2/13/2004, Entered: None
SEALED DOCUMENT. (jmr) (Entered: 02/17/2004)
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Legal Document (Payment Possibly Required) 166 Filed: 2/13/2004, Entered: None
Notice of filing by Phillip M Adams LLC, Phillip M. Adams re: Source Code pursuant to Order Granting Motion for Relief Under the Protective Code. (jmr) (Entered: 02/17/2004)
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Legal Document (Payment Possibly Required) 165 Filed: 2/13/2004, Entered: None
Notice of filing by Gateway re: Need for Expert to Examine Source Code. (jmr) (Entered: 02/17/2004)
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Legal Document (Payment Possibly Required) 164 Filed: 2/12/2004, Entered: None
Response by Phillip M Adams LLC, Phillip M. Adams to [160-1] declaration of Brian A. Carpenter (jmr) (Entered: 02/12/2004)
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Legal Document (Payment Possibly Required) 163 Filed: 2/9/2004, Entered: None
Certificate of service [161-1] motion to compel Gateway to respond to Pla's Second Set of Discovery Requests, [161-2] motion Plas move for sanctions, [161-1] support memorandum by Phillip M Adams LLC, Phillip M. Adams (jmr) (Entered: 02/09/2004)
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Legal Document (Payment Possibly Required) 162 Filed: 2/6/2004, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams to compel Intel Corp to Produce docs pursuant to Subpeona, Memorandum in Support and Statement re: Efforts to Resolve Discovery Dispute (jmr) (Entered: 02/09/2004)
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Legal Document (Payment Possibly Required) 161 Filed: 2/6/2004, Entered: None
Expedited Motion by Phillip M Adams LLC, Phillip M. Adams to compel Gateway to respond to Pla's Second Set of Discovery Requests and Plas move for sanctions (jmr) (Entered: 02/06/2004)
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Legal Document (Payment Possibly Required) 160 Filed: 2/4/2004, Entered: None
Declaration of Brian A. Carpenter pursuant to : [154-1] Order It is further Ordered that all parties shall comply with the service requirements of FRCP 45(b)(1) by serving a copy of any subpeona on the other party at the time the subpeona is issued and sent for service, and that Gateqay shall within 20 days of this order file an affidavit identifying all subpoenas it has issued in this action and stating that it has served Adams a copy of all documents it has received from parties named in such subpeonas. A copy of the affidavit shall be sent directly to the magistrate judge. The court will then determine any sanctions (jmr) (Entered: 02/05/2004)
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Legal Document (Payment Possibly Required) 159 Filed: 1/29/2004, Entered: None Court Filing
Order granting [112-1] motion for relief under the protective order to the extent that it may provide materials to the proposed Technical Advisor upon supplying Adams with a copy of the Disclosure Agreement the expert must execute under the Protective Order; provided that Gateway shall not provide any source code to the expert until further order of the court. It is further ordered, that on or before 2/13//04 the parties shall file and serve additional information regarding industry and litigation practices on disclosure and use of source code See order for additional details. Signed by Judge David Nuffer, 1/29/04 cc:atty (jmr) (Entered: 01/30/2004)
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Legal Document (Payment Possibly Required) 158 Filed: 1/28/2004, Entered: None
Reply by Phillip M Adams LLC, Phillip M. Adams to response to [147-1] motion to strike eleven pages of legal argument and briefing in attachment E of [139-1] objection (jmr) (Entered: 01/29/2004)
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Legal Document (Payment Possibly Required) 157 Filed: 1/20/2004, Entered: None Court Filing
Order granting [126-1] motion for Eric Overby to withdraw as attorney for the plas (Terminated attorney Eric A. Overby for USA signed by Judge David Nuffer , 1/16/04 cc:atty (tsh) (Entered: 01/21/2004)
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Legal Document (Payment Possibly Required) 156 Filed: 1/20/2004, Entered: None
Response by Gateway to [147-1] motion to strike eleven pages of legal argument and briefing in attachment E of [139-1] objection (tsh) (Entered: 01/21/2004)
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Legal Document (Payment Possibly Required) 155 Filed: 1/20/2004, Entered: None
Motion by Gateway to strike [146-1] response to dft's objections to Sealed Order Granting Motion to Compel Docs Withheld on the Basis of Privilege , or in the alternative for leave to file reply brief to [146-1] response (tsh) (Entered: 01/21/2004)
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Legal Document (Payment Possibly Required) 154 Filed: 1/16/2004, Entered: None Court Filing
Order granting [87-1] motion to compel compliance with Rule 45(b)(1), It is further Ordered that all parties shall comply with the service requirements of FRCP 45(b)(1) by serving a copy of any subpeona on the other party at the time the subpeona is issued and sent for service, and that Gateqay shall within 20 days of this order file an affidavit identifying all subpoenas it has issued in this action and stating that it has served Adams a copy of all documents it has received from parties named in such subpeonas. A copy of the affidavit shall be sent directly to the magistrate judge. The court will then determine any sanctions Signed by Judge David Nuffer, 1/15/04 cc:atty (jmr) (Entered: 01/16/2004)
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Legal Document (Payment Possibly Required) 153 Filed: 1/14/2004, Entered: None Court Filing
Order granting [79-1] motion to compel Compaq (no further relief specified), denying [78-1] motion to compel Intervenor HP to provide full and complete responses to Dft's Interrogatories and Requests for Production, It is further Ordered that Compaq, Adams and Gateway shall meet and confer within 10 days of this order to draft a protective order covering documents produced under the Compaq subpeona. They shall, within 20 days of this order, submit the agreed draft of the protective order, or failing agreement, Compaq, Adams and Gateway shall each submit their variant forms of the protective order. All submissions shall be in word perfect format emailed to utmj_nuffer@utd.uscourts.gov, with copies to other counsel , It is further ordered that Compaq shall provide documents in response to the subpoena, as provided in this order, within 10 days of the issuance of the above protective order, In answering the discovery, Compaq must identify any documents withheld on the basis of privilege with a valid privilege log , It is further Ordered that following the production required by the subpeona and any 30(b)(6) depo(s), if any more relevance is developed for documents not ordered to be produced at this time, Gateway may move for reconsideration of the limitations this order has placed on discovery No atty's fees or other expenses will be awarded. Signed by Judge David Nuffer, 1/14/04 cc:atty (jmr) (Entered: 01/15/2004)
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Legal Document (Payment Possibly Required) 152 Filed: 1/12/2004, Entered: None
Reply brief filed by Phillip M Adams LLC, Phillip M. Adams RE: Gateway's [151-1] response to plas' declaration of atty's fees and costs re plas' motion to compel re the issue of submitting time and billing records. (jmr) (Entered: 01/12/2004)
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Legal Document (Payment Possibly Required) 151 Filed: 1/9/2004, Entered: None
Response by Gateway to plas' [135-1] declaration of atty's fees and costs re pla's motion to compel (jmr) (Entered: 01/12/2004)
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Sealed Legal Document 150 Filed: 11/25/2003, Entered: None
Sealed In Camera Exhibits filed (ce) (Entered: 01/07/2004)
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Legal Document (Payment Possibly Required) 149 Filed: 1/6/2004, Entered: None Court Filing
Order granting [144-1] ex parte motion for leave to file overlength memo in support of Objection to Magistrate's Order Granting Pla's Motion to Compel Production Docs withheld on the basis of privilege signed by Judge Ted Stewart, 1/5/04 cc:atty. (jmr) (Entered: 01/06/2004)
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Legal Document (Payment Possibly Required) 148 Filed: 1/5/2004, Entered: None Court Filing
Memorandum Decision denying [137-1] motion to stay of order granting plas' motion to compel production documents withheld on the basis of privilege signed by Judge Ted Stewart on 1/5/04 cc:atty. (jmr) (Entered: 01/05/2004)
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Legal Document (Payment Possibly Required) 147 Filed: 1/5/2004, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams to strike eleven pages of legal argument and briefing in attachment E of [139-1] objection (jmr) (Entered: 01/05/2004)
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Legal Document (Payment Possibly Required) 146 Filed: 1/5/2004, Entered: None
Response by Phillip M Adams LLC, Phillip M. Adams to [139-1] objections to sealed order granting motion to compel docs (jmr) (Entered: 01/05/2004)
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Legal Document (Payment Possibly Required) 145 Filed: 12/30/2003, Entered: None
Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [137-1] motion to stay of order granting plas' motion to compel production documents withheld on the basis of privilege (jmr) (Entered: 12/31/2003)
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Legal Document (Payment Possibly Required) 144 Filed: 12/30/2003, Entered: None
Ex parte motion by Gateway for leave to file overlength memo in support of Objection to Magistrate's Order Granting Pla's Motion to Compel Production Docs withheld on the basis of privilege (jmr) (Entered: 12/31/2003)
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Sealed Legal Document 143 Filed: 12/30/2003, Entered: None
SEALED Ex Parte Brief in response to [131-1] order filed by Gateway regarding motion to compel documents withheld on the basis of privilege. (jmr) (Entered: 12/31/2003)
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Sealed Legal Document 142 Filed: 12/30/2003, Entered: None
SEALED Declaration of Ron Naves. (jmr) (Entered: 12/31/2003)
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Sealed Legal Document 141 Filed: 12/30/2003, Entered: None
SEALED Declaration of Mike Holstein. (jmr) (Entered: 12/31/2003)
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Sealed Legal Document 140 Filed: 12/30/2003, Entered: None
SEALED Fourth Declaration of Mark S. Walker. (jmr) (Entered: 12/31/2003)
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Sealed Legal Document 139 Filed: 12/30/2003, Entered: None
SEALED Objections by Gateway [131-1] order sealed re: Motion to compel documents withheld on the basis of privilege. (jmr) (Entered: 12/31/2003)
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Sealed Legal Document 138 Filed: 12/30/2003, Entered: None
SEALED Index to Gateway Documents For In Camera Review by Gateway (jmr) (Entered: 12/31/2003)
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Legal Document (Payment Possibly Required) 137 Filed: 12/29/2003, Entered: None
Expedited Motion by Gateway to stay of order granting plas' motion to compel production documents withheld on the basis of privilege (jmr) (Entered: 12/31/2003)
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Legal Document (Payment Possibly Required) 136 Filed: 12/30/2003, Entered: None Court Filing
Order granting [80-1] motion to compel documents improperly withheld on the basis of privilege signed by Judge David Nuffer, 12/30/03 cc:atty. (jmr) (Entered: 12/30/2003)
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Legal Document (Payment Possibly Required) 135 Filed: 12/29/2003, Entered: None
Declaration of Attys' fees and costs Plas' Re: plas' motion to compel documents improperly withheld on the basis of privilege (jmr) (Entered: 12/30/2003)
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Legal Document (Payment Possibly Required) 134 Filed: 12/29/2003, Entered: None Court Filing
Order denying Gateway's [133-1] motion for stay of order granting plas' motion to compel production documents withheld on the basis of privilege signed by Judge David Nuffer, 12/29/03 cc:atty (jmr) (Entered: 12/30/2003)
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Legal Document (Payment Possibly Required) 133 Filed: 12/29/2003, Entered: None
Motion by Gateway for stay of order granting plas' motion to compel production documents withheld on the basis of privilege (jmr) (Entered: 12/30/2003)
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Legal Document (Payment Possibly Required) 132 Filed: 12/15/2003, Entered: None
Notice of filing: Index to Sealed Exhibits filed as docket no. 118 re: to sealed order regarding motion to compel documents withheld on basis of privilege. (jmr) Modified on 12/16/2003 (Entered: 12/15/2003)
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Sealed Legal Document 131 Filed: 12/15/2003, Entered: None Court Filing
SEALED Order granting [80-1] motion to compel documents improperly withheld on the basis of privilege, filed 9/3/03. Other relief specified in sealed order. Signed by Judge David Nuffer, 12/15/03 cc:atty (jmr) Modified on 12/30/2003 (Entered: 12/15/2003)
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Legal Document (Payment Possibly Required) 130 Filed: 12/12/2003, Entered: None Court Filing
Supplemental Scheduling order Setting; Deadline for filing of all dispositive motions 4:30 p.m. on 8/15/04 ; Fact Discovery cutoff by 4:30 p.m. on 4/15/04 and Expert Discovery cutoff by 4:30 p.m. on 7/15/04 ; Special Attorney or Settlement Conference by 12/17/04 ; Final Pretrial Conference for 2:30 p.m. on 1/4/05 ; Ten Day Bench Trial for 8:30 a.m. on 1/18/05. Signed by Judge David Nuffer on 12/12/03 cc:atty. (jmr) (Entered: 12/12/2003)
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Legal Document (Payment Possibly Required) 129 Filed: 12/10/2003, Entered: None
Joint Stipulation by Gateway, Phillip M Adams LLC, Phillip M. Adams Stip to amend scheduling order (jmr) (Entered: 12/10/2003)
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Legal Document (Payment Possibly Required) 128 Filed: 12/10/2003, Entered: None Court Filing
Order denying [94-1] motion to bifurcate discovery of liability and damages signed by Judge Ted Stewart, 12/10/03 cc:atty (jmr) (Entered: 12/10/2003)
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Legal Document (Payment Possibly Required) 127 Filed: 12/10/2003, Entered: None Court Filing
Order of Reference as authorized by 28 USC 636(b)(1)(B) and the rules of this Court, the following motion is referred to the magistrate judge: Pla's Motion for Entry of Judgment Based Upon Gateway's Spoilation. The magistrate judge is directed to consider the Motion, hear oral argument, conduct evidentiary hearings as deemed appropriate, and to submit to the undersigned judge a report and recommendation for the proper resolution of the dispositive matter presented. Signed by Judge Ted Stewart on 12/10/03. (jmr) Modified on 12/11/2003 (Entered: 12/10/2003)
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Legal Document (Payment Possibly Required) 126 Filed: 12/8/2003, Entered: None
Motion by Phillip M Adams LLC, Phillip M. Adams for Eric Overby to withdraw as attorney for the plas (jmr) Modified on 12/11/2003 (Entered: 12/08/2003)
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Sealed Legal Document 125 Filed: 12/5/2003, Entered: None
SEALED Reply brief filed by Gateway to Pla's Opposition to Gateway's Motion for Relief under the Protective Order. (jmr) Modified on 12/05/2003 (Entered: 12/05/2003)
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Sealed Legal Document 124 Filed: 12/3/2003, Entered: None
SEALED Ex Parte Supplemental Brief RE: Sealed [116-1] order filed by Gateway (jmr) (Entered: 12/04/2003)
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Legal Document (Payment Possibly Required) 123 Filed: 12/3/2003, Entered: None
Supplemental Reply by Phillip M Adams LLC, Phillip M. Adams to response to [80-1] motion to compel documents improperly withheld on the basis of privilege (jmr) (Entered: 12/04/2003)
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Legal Document (Payment Possibly Required) 122 Filed: 12/3/2003, Entered: None Court Filing
Order Regarding Gateway's Expedited Motion for Sanctions for Violation of Protective Order, Gateway's motion that Adams appear and show cause why he should not be held in contempt for his violation of the Protective Order is denied , Gateway's Motion for sanctions is also denied , Gateway may file, a motion to enjoin all Plas from filing any legal actions relating to Any Byte Defect under All Writs Act by 9/19/03 and Plas shall respond by 9/26/03 A hearing on Plas' Motion to Compel Docs is scheduled for 10/21/03. See order for additional details. Signed by Judge David Nuffer , 12/2/03 cc:atty (jmr) (Entered: 12/03/2003)
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Legal Document (Payment Possibly Required) 121 Filed: 12/2/2003, Entered: None Court Filing
Minute entry. Counsel present via telephone conference. Discussion heard on the order resolving Gateway's motion for sanctions for violation of protective order and for modification of the protective order (Doc. 81), and the objections to such order. Court and counsel resolved such conflicts. Court adjourned. ; Judge: David Nuffer Court Reporter: Electronic Tape No.: 102 Log No.: 2908-4946 Court Deputy: A Bowers (asb) (Entered: 12/02/2003)
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Legal Document (Payment Possibly Required) 120 Filed: 11/21/2003, Entered: None Court Filing
Order Modifying Deadlines, amending [117-1] order The deadlines for filing and service are: Mark Walker 11/25/03, Ron Naves 11/25/03, Mike Holstein 11/25/03. It further memoranda on this motion, with any supporting exhibits, on or before 12/3/03 , It is further ordered that in light of the numerous extensions previously granted and the need to resolve the issues as to which these materials are relevant, that no late filed documents will be considered Signed by Judge David Nuffer , 11/21/03 cc:atty (jmr) (Entered: 11/24/2003)
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Sealed Legal Document 119 Filed: 11/18/2003, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in opposition to [112-1] motion for protective order. (jmr) (Entered: 11/20/2003)
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Sealed Legal Document 118 Filed: 11/17/2003, Entered: None
SEALED DOCUMENT/Exhibits (ce) (Entered: 11/18/2003)
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Legal Document (Payment Possibly Required) 117 Filed: 11/14/2003, Entered: None Court Filing
Order re: [80-1] motion to compel documents improperly withheld on the basis of privilege, It is ORDERED that Gateway shll submit declarations supporting its privilege claims to the court, with supporting exhibits, for in camera review, serving on Adams' counsel (a) redacted copies of the declarations, (b) such exhibits as to which no privilege is claimed, and (c) a list of all exhibits submitted, with a complete description of the documents, and a reference to where each such document is listed on the Privilege Logs. The deadlines for filing and service are: Mark Walker 11/20/03, Ron Naves 11/21/03, Mike Holstein 11/26/03. It is further ORDERED that Gateway and Adams may file and serve further memoranda on this motion, with any supporting exhibits, on or before 11/26/03. Gateway shall serve Adams with documents as to which it no longer claims privilege on or before 11/18/03. The hearing set for 11/18-19/03 is STRICKEN signed by Judge David Nuffer , 11/14/03 cc:atty (blk) (Entered: 11/17/2003)
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Sealed Legal Document 116 Filed: 11/14/2003, Entered: None Court Filing
Sealed ex parte order signed by Judge David Nuffer, 11/13/03 cc:atty. (jmr) (Entered: 11/14/2003)
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Legal Document (Payment Possibly Required) 115 Filed: 11/5/2003, Entered: None
Reply by Phillip M Adams LLC, Phillip M. Adams to response to [101-1] motion for entry of judgment based upon Gateway's Spoliation of Evidence (jmr) (Entered: 11/06/2003)
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Sealed Legal Document 114 Filed: 11/3/2003, Entered: None
SEALED Reply by Hewlett Packard to response to [94-1] motion to bifurcate discovery of liability and damages.(Sealed per Order no. 281). (jmr) Modified on 10/06/2004 (Entered: 11/04/2003)
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Legal Document (Payment Possibly Required) 113 Filed: 10/31/2003, Entered: None
Reply by Phillip M Adams LLC, Phillip M. Adams to response to [87-1] motion to compel compliance with Rule 45(b)(1), [87-2] motion for sanctions (jmr) (Entered: 11/03/2003)
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Legal Document (Payment Possibly Required) 112 Filed: 10/24/2003, Entered: None
Motion by Gateway for protective order (jmr) (Entered: 10/27/2003)
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Legal Document (Payment Possibly Required) 111 Filed: 10/21/2003, Entered: None Court Filing
Minute entry: Counsel present for parties. Mr. Posthumus and Mr. Phillips addressed the Court's e-mail correspondence re: motion to compel documents improperly withheld on the basis of privilege. Court allowed Mr. Phillips to pull six documents from the privilege log for Court's review. Mr. Posthumus pulled four documents for dispute/explanation. Court marked such documents as Defendant's Exhibits A-H. Mr. Posthumus requested that Mr. Adams not be present during the proposed privilege documents discussions. Mr. Adams excused. Discussion heard on each of the exhibits, to assist the Court to define parameters of privilege. Court continued this matter for further discussions on 11/18-19/03 for evidentiary hearing. Counsel to have their witnesses present. Court directed Mr. Posthumus to provide further detailed documents and narative of project by 10/28/03. Court adjourned. [80-1] motion to compel documents improperly withheld on the basis of privilege taken under advisement ; Judge: David Nuffer Court Reporter: Electronic Tape No.: 83,84,85 Log No.: 1915-End, 0-End, 0-1324 Court Deputy: A Bowers (asb) (Entered: 10/24/2003)
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Legal Document (Payment Possibly Required) 110 Filed: 10/22/2003, Entered: None Court Filing
Order [80-1] motion to compel documents improperly withheld on the basis of privilege taken under advisement, Is is hereby Ordered that Gateway shall file by 10/28/03 any further docs to the court which support is claim of privilege for the docs marked as Exhibits A through F and also provide a list of the docs to Pla. The documents shall not be provided to Pla , It is further Ordered that the parties shall reserve the dates of 11/18 and 11/19/03 at 9:00 a.m. for further hearings if needed , Exhibits A through G are sealed pending resolution of this motion Signed by Judge David Nuffer, 10/22/03 cc:atty (jmr) (Entered: 10/23/2003)
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Sealed Legal Document 109 Filed: 10/20/2003, Entered: None
SEALED Reply by Phillip M Adams LLC, Phillip M. Adams to response to [80-1] motion to compel documents improperly withheld on the basis of privilege (jmr) (Entered: 10/20/2003)
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Sealed Legal Document 108 Filed: 10/17/2003, Entered: None
SEALED Memorandum by Gateway in opposition to [94-1] motion to bifurcate discovery of liability and damages (jmr) (Entered: 10/20/2003)
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Legal Document (Payment Possibly Required) 107 Filed: 10/17/2003, Entered: None
Response by Gateway to Plas' [101-1] motion for entry of judgment based upon Gateway's Spoliation of Evidence (jmr) (Entered: 10/20/2003)
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Sealed Legal Document 106 Filed: 10/14/2003, Entered: None
SEALED Response by Gateway to pla's 80-1] motion to compel documents improperly withheld on the basis of privilege (jmr) (Entered: 10/16/2003)
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Sealed Legal Document 105 Filed: 10/6/2003, Entered: None
SEALED Reply by Gateway to response to [79-1] motion to compel Compaq (no further relief specified) (jmr) (Entered: 10/07/2003)
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Legal Document (Payment Possibly Required) 104 Filed: 10/6/2003, Entered: None
Return of service executed re: Subpoena re: documents served on MSI Computer Corp c/o Amie On, Authorized Agent on 10/1/03. (jmr) (Entered: 10/06/2003)
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Legal Document (Payment Possibly Required) 103 Filed: 10/3/2003, Entered: None
Response by Gateway to Plas' [87-1] motion to compel compliance with Rule 45(b)(1) and [87-2] motion for sanctions (jmr) (Entered: 10/06/2003)
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Sealed Legal Document 102 Filed: 9/26/2003, Entered: None
SEALED Memorandum by Phillip M Adams LLC, Phillip M. Adams in support of [101-1] motion for entry of judgment based upon Gateway's Spoliation of Evidence (jmr) (Entered: 09/29/2003)
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Sealed Legal Document 101 Filed: 9/26/2003, Entered: None
SEALED Motion by Phillip M Adams LLC, Phillip M. Adams for entry of judgment based upon Gateway's Spoliation of Evidence (jmr) (Entered: 09/29/2003)
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Sealed Legal Document 100 Filed: 9/23/2003, Entered: None
SEALED Amended Exhibit D filed by movant Hewlett Packard in support of: Hewlett's [99-1] opposition memorandum to Gateway's motion to compel discovery.(Sealed per Order no. 281). (jmr) Modified on 10/06/2004 (Entered: 09/23/2003)
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Sealed Legal Document 99 Filed: 9/22/2003, Entered: None
SEALED Memorandum by Hewlett Packard in opposition to Gateway's [78-1] motion to compel Intervenor HP to provide full and complete responses to Dft's Interrogatories and Requests for Production.(Sealed by Order no. 281). (jmr) Modified on 10/06/2004 (Entered: 09/23/2003)
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Legal Document (Payment Possibly Required) 98 Filed: 9/22/2003, Entered: None
Response by Hewlett Packard in opposition to [78-1] motion to compel Intervenor HP to provide full and complete responses to Dft's Interrogatories and Requests for Production (jmr) (Entered: 09/23/2003)
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Sealed Legal Document 97 Filed: 9/22/2003, Entered: None
SEALED Memorandum by Compaq Computers in opposition to Gateway's [79-1] motion to compel Compaq (no further relief specified). Sealed by Order no. 281. (jmr) Modified on 10/06/2004 (Entered: 09/23/2003)
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Legal Document (Payment Possibly Required) 96 Filed: 9/22/2003, Entered: None
Response by Compaq Computers in opposition to Gateway's [79-1] motion to compel(discovery from) Compaq (no further relief specified) (jmr) (Entered: 09/23/2003)
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Legal Document (Payment Possibly Required) 95 Filed: 9/22/2003, Entered: None
Memorandum by Hewlett Packard in support of [94-1] motion to bifurcate discovery of liability and damages (jmr) (Entered: 09/23/2003)
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Legal Document (Payment Possibly Required) 94 Filed: 9/22/2003, Entered: None
Motion by Hewlett Packard to bifurcate discovery of liability and damages (jmr) (Entered: 09/23/2003)
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Legal Document (Payment Possibly Required) 93 Filed: 9/17/2003, Entered: None Court Filing
Magistrate Notice of Hearing Motion hearing set for 1:30 p.m. on 10/21/03 for [80-1] motion to compel documents improperly withheld on the basis of privilege To be held before Judge Nuffer cc:atty ( Ntc generated by: Chambers DN.) (jmr) (Entered: 09/17/2003)
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Legal Document (Payment Possibly Required) 92 Filed: 9/15/2003, Entered: None
Notice of filing by USA entitled Statement of Interest regarding Dft's Motion at Docket no. 81. (jmr) (Entered: 09/16/2003)
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Legal Document (Payment Possibly Required) 91 Filed: 9/15/2003, Entered: None Court Filing
Minute entry: This matter comes before the Court on Defendant's Motion for Sanctions for Violation of Protective order and for an Order Modifying the Stipulated Confidentiality Protective Order (docket no. 81). Discussion held with regard to moving the discovery date. Parties agree that the close of discovery will be April 15, 2004. Parties indicate that trial will take between five and 10 days. Parties are to prepare and submit a new stipulation/attorney's planning report. Discussion held regarding Adams intended review of confidential documents for evaluating unrelated claims and that he intended to disclose confidential documents and information to third parties. Discussion held regarding the May, 2003 and July, 2003 emails to non-parties. Defendants request multiple forms of relief, including that Dr. Adams be denied further access to confidential information, that the Plaintiffs retrieve all copies of any confidential information in the possession of Dr. Adams. Dr. Adams was deposed with regard to ongoing non-party contacts and alleged defects. Discussion held with regard to differentiation between defects. Discussion held regarding the dual role of Dr. Adams as party and expert and the problems this may create. Dr. Adams will remain on the case as a technical expert. Discussion held regarding the source codes of the defects. Source code regarding the defects will remain in the hands of Defendant. The Court ordered that a copy of this order be sent to the Department of Justice/U.S. Attorney. The Court orders that no information regarding the "any byte" defect will be procured or retained by Plaintiff. The Court does not deny or grant the motion prohibiting Dr. Adams from filing a federal or state qui tam action. Defendant is to file prepare and submit an additional memorandum by Friday, September 26, 2003 with Plaintiff's response by October 14, 2003. Mr. Phillips is to prepare the order. Neither Dr. Adams nor his counsel are to use information or documents acquired from Gateway in this case in preparing a new federal or state qui tam action by any other party. Other relief is granted by sealed order. The order to show cause is denied. Sanctions are denied. Additional memoranda on privileged documents issues scheduled and hearing tentatively set for October 21, 2003 at 1:30 p.m. It was noted that the following expert witnesses are to be available to appear at that next hearing: Mike Walker, Project Coordinator; Ron Knaves and Dave Harrell. Court adjourned. Granting in part, denying in part [81-1] motion for sanctions for violation of protective order, and for an order modifying the stipulated confidentiality protective order ; Judge: DON Court Reporter: Electronic Tape No.: 75-76 Log No.: 5359-5137 Court Deputy: Kathi Murray (Entered: 09/16/2003)
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Sealed Legal Document 90 Filed: 9/12/2003, Entered: None
SEALED DOCUMENT. (jmr) (Entered: 09/15/2003)
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Legal Document (Payment Possibly Required) 89 Filed: 9/11/2003, Entered: None
Exhibits filed by plaintiff Phillip M. Adams, plaintiff Phillip M Adams LLC RE: [87-1] motion to compel compliance with Rule 45(b)(1), [87-2] motion for sanctions (Entered: 09/12/2003)
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Legal Document (Payment Possibly Required) 88 Filed: 9/11/2003, Entered: None
Memorandum by Phillip M. Adams, Phillip M Adams LLC in support of [87-1] motion to compel compliance with Rule 45(b)(1), [87-2] motion for sanctions (Entered: 09/12/2003)
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Legal Document (Payment Possibly Required) 87 Filed: 9/11/2003, Entered: None
Motion by Phillip M. Adams, Phillip M Adams LLC to compel compliance with Rule 45(b)(1) and for sanctions (Entered: 09/12/2003)
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Sealed Legal Document 86 Filed: 9/10/2003, Entered: None
SEALED Addendum to [81-1] motion for sanctions for violation of protective order, and for an order modifying the stipulated confidentiality protective order filed by Gateway (ce) (Entered: 09/10/2003)
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Legal Document (Payment Possibly Required) 85 Filed: 9/9/2003, Entered: None Court Filing
Order granting [50-2] motion for sanctions, granting [61-1] motion to compel dft to produce certain docs & to resp to certain interrogs signed by Judge David Nuffer , 9/10/03 cc:atty (Entered: 09/10/2003)
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Legal Document (Payment Possibly Required) 84 Filed: 9/10/2003, Entered: None Court Filing
Magistrate Notice of Hearing Motion hearing set for 2:00 9/15/03 for [81-1] motion for sanctions for violation of protective order, and for an order modifying the stipulated confidentiality protective order To be held before Judge Nuffer cc:atty ( Ntc generated by: DON chambers) (Entered: 09/10/2003)
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Sealed Legal Document 83 Filed: 9/3/2003, Entered: None
SEALED Exhibits filed by plaintiff Phillip M. Adams, plaintiff Phillip M Adams LLC RE: [80-1] motion to compel documents improperly withheld on the basis of privilege (Entered: 09/10/2003)
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Sealed Legal Document 82 Filed: 9/3/2003, Entered: None
SEALED Memorandum by Phillip M. Adams, Phillip M Adams LLC in support of [80-1] motion to compel documents improperly withheld on the basis of privilege (Entered: 09/10/2003)
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Sealed Legal Document 81 Filed: 9/3/2003, Entered: None
SEALED Motion by Gateway for sanctions for violation of protective order, and for an order modifying the stipulated confidentiality protective order (kvs) Modified on 09/05/2003 (Entered: 09/05/2003)
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Sealed Legal Document 80 Filed: 9/3/2003, Entered: None
SEALED Motion by Phillip M. Adams, Phillip M Adams LLC to compel documents improperly withheld on the basis of privilege (kvs) (Entered: 09/05/2003)
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Sealed Legal Document 79 Filed: 8/27/2003, Entered: None
SEALED Motion by Gateway to compel Compaq (no further relief specified) (tsh) (Entered: 09/02/2003)
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Legal Document (Payment Possibly Required) 78 Filed: 8/27/2003, Entered: None
Motion by Gateway to compel Intervenor HP to provide full and complete responses to Dft's Interrogatories and Requests for Production (tsh) (Entered: 09/02/2003)
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Legal Document (Payment Possibly Required) 77 Filed: 7/22/2003, Entered: None Court Filing
Protective Order re: Adams/HP Docs: Refers to [31-1] motion for protective order previously granted. Signed by Judge David Nuffer 7/22/03 cc: atty (Entered: 07/23/2003)
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Legal Document (Payment Possibly Required) 76 Filed: 7/21/2003, Entered: None
Return of service executed re: subp served upon MicroStar Intl on 7/16/03 (Entered: 07/22/2003)
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Legal Document (Payment Possibly Required) 75 Filed: 7/21/2003, Entered: None
Return of service executed re: subp served upon Integrated Technology Express on 7/2/03 (Entered: 07/22/2003)
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Legal Document (Payment Possibly Required) 74 Filed: 7/21/2003, Entered: None
Return of service executed re: subp served upon Winbond Electronics Corp on 7/1/03 (Entered: 07/22/2003)
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Legal Document (Payment Possibly Required) 73 Filed: 7/16/2003, Entered: None
Certificate of service by Hewlett Packard re: Compaq Computer Corp's objs to Gateway's subpoena (Entered: 07/18/2003)
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