STIPULATION of Dismissal STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (McDevitt, Larry) (Entered: 05/25/2011)
TRANSCRIPT of PRETRIAL CONFERENCE held on 5/4/11 before Judge Martin Reidinger. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/15/2011. (Reporter: Karen Miller, 828-771-7217) (Entered: 05/17/2011)
SEALED ORDER (Sealed - Attorney): (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.). Signed by District Judge Martin Reidinger on 5/13/2011. (pdf) (Entered: 05/13/2011)
ORDER that this matter is hereby stayed pending further Order of the Court. Signed by District Judge Martin Reidinger on 5/13/2011. (pdf) (Entered: 05/13/2011)
RESPONSE by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. re 259 Proposed Voir Dire RESPONSE AND OBJECTIONS TO HONEYWELL'S PROPOSED VOIR DIRE (McDevitt, Larry) Modified TYPE OF EVENT on 5/11/2011 (jhg). (Entered: 05/11/2011)
MOTION to Seal Document 251 Trial Brief & 254 Sealed Exhibits to Kaiser Decl by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..Responses due by 5/27/2011. (Attachments: # 1 Memorandum)(Barkan, David) (Entered: 05/10/2011)
Unopposed MOTION to Seal by Honeywell International, Inc..Responses due by 5/26/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 05/09/2011)
ORDER granting 239 Motion for Leave to Appear Pro Hac Vice added Michael Eugene Florey for BorgWarner, Inc., Borgwarner Turbo Systems, Inc. Signed by District Judge Martin Reidinger on May 9, 2011. (jhg) (Entered: 05/09/2011)
Joint MOTION for Extension of Time to File Agreed Verdict Form by BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc..Responses due by 5/23/2011. (Barkan, David) (Entered: 05/06/2011)
Unopposed MOTION Requesting Juror Information Pursuant to LCvR 47.1 (A) by Honeywell International, Inc..Responses due by 5/23/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 05/06/2011)
MOTION for Leave to Appear Pro Hac Vice as to Michael Eugene Florey Filing fee $ 250, receipt number 0419-1353925. by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry) (Entered: 05/06/2011)
Unopposed MOTION to Seal Documents by Honeywell International, Inc..Responses due by 5/19/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 05/02/2011)
MOTION to Seal Document by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..Responses due by 5/19/2011. (Attachments: # 1 Memorandum)(Barkan, David) (Entered: 05/02/2011)
MOTION to Seal Documents by Honeywell International, Inc..Responses due by 5/16/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 04/27/2011)
SEALED RESPONSE (Sealed - Attorney) to Motion re: 214 Motion in Limine by Plaintiffs BorgWarner Inc. & BorgWarner Turbo Systems Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) Replies due by 5/9/2011. (Barkan, David) (Entered: 04/27/2011)
MOTION to Seal Document by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..Responses due by 5/16/2011. (Attachments: # 1 Memorandum)(Barkan, David) (Entered: 04/27/2011)
Unopposed MOTION to Seal by Honeywell International, Inc..Responses due by 5/13/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 04/26/2011)
STIPULATION re Use & Admissibility of Depo Testimony & Preclusion of Evidence re Post-Suit Settlement Negotiations by BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc. (Barkan, David) (Entered: 04/20/2011)
MOTION in Limine Nos. 1-11 by Honeywell International, Inc..Responses due by 5/9/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 04/20/2011)
MOTION to Seal Documents by Honeywell International, Inc..Responses due by 5/9/2011. (Attachments: # 1 Proposed Order)(Cohen, Marc) (Entered: 04/20/2011)
DECLARATION of Erin E. Kaiser re 210 Sealed Document, Plaintiffs' Motions in Limine filed by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B & C, Ntc of Filing Under Seal, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, G, H, & I, Ntc of Filing Under Seal, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, Ntc of Filing Under Seal, # 9 Exhibit M)(Barkan, David) (Entered: 04/20/2011)
Sealed Document (Sealed - Attorney): Plaintiffs' Motions in Limine by BorgWarner, Inc. & BorgWarner Turbo Systems Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Frank W. Bullock, Jr, Jonathan R. Harkavy, Honeywell International, Inc.) (Barkan, David) (Entered: 04/20/2011)
MOTION to Seal Document by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..Responses due by 5/9/2011. (Attachments: # 1 Memorandum in Support of Motion to File Under Seal)(Barkan, David) (Entered: 04/20/2011)
TEXT ORDER granting joint motion to modify case management order re 47 Scheduling Order, 207 Stipulation. Signed by direction of District Judge Martin Reidinger on 4/18/2011. (pdf) Modified on 4/18/2011 to modify text (pdf). (Entered: 04/18/2011)
ORDER granting 192 Motion for Leave to Appear Pro Hac Vice added Christopher Nalevanko for Honeywell International, Inc. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg) (Entered: 03/30/2011)
ORDER granting 195 Motion for Leave to Appear Pro Hac Vice added Gregg LoCascio for Honeywell International, Inc. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg) (Entered: 03/30/2011)
ORDER granting 193 Motion for Leave to Appear Pro Hac Vice added Erin Kolter for Honeywell International, Inc. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg) (Entered: 03/30/2011)
ORDER granting 197 Motion for Leave to Appear Pro Hac Vice added Zhuanjia Gu for Honeywell International, Inc. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg) (Entered: 03/29/2011)
ORDER granting 194 Motion for Leave to Appear Pro Hac Vice added Lov Kumar Goel for Honeywell International, Inc. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg) (Entered: 03/29/2011)
ORDER granting 196 Motion for Leave to Appear Pro Hac Vice added Harper Siems Batts for Honeywell International, Inc. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg) (Entered: 03/29/2011)
CERTIFICATE OF SERVICE by Honeywell International, Inc. re 195 MOTION for Leave to Appear Pro Hac Vice as to Gregg LoCascio Filing fee $ 250, receipt number 0419-1309211., 193 MOTION for Leave to Appear Pro Hac Vice as to Erin Kolter Filing fee $ 250, receipt number 0419-1309195., 196 MOTION for Leave to Appear Pro Hac Vice as to Harper Siems Batts Filing fee $ 250, receipt number 0419-1309220., 194 MOTION for Leave to Appear Pro Hac Vice as to Lov Kumar Goel Filing fee $ 250, receipt number 0419-1309203., 197 MOTION for Leave to Appear Pro Hac Vice as to Zhuanjia Gu Filing fee $ 250, receipt number 0419-1309221., 192 MOTION for Leave to Appear Pro Hac Vice as to Christopher Nalevanko Filing fee $ 250, receipt number 0419-1309182. (Ferrell, Forrest) (Entered: 03/29/2011)
ORDER denying 191 Motion to reschedule the pretrial conference. Signed by District Judge Martin Reidinger on March 23, 2011. (jhg) (Entered: 03/23/2011)
MOTION for Leave to Appear Pro Hac Vice as to Zhuanjia Gu Filing fee $ 250, receipt number 0419-1309221. by Honeywell International, Inc.. (Ferrell, Forrest) (Entered: 03/22/2011)
MOTION for Leave to Appear Pro Hac Vice as to Harper Siems Batts Filing fee $ 250, receipt number 0419-1309220. by Honeywell International, Inc.. (Ferrell, Forrest) (Entered: 03/22/2011)
MOTION for Leave to Appear Pro Hac Vice as to Gregg LoCascio Filing fee $ 250, receipt number 0419-1309211. by Honeywell International, Inc.. (Ferrell, Forrest) (Entered: 03/22/2011)
MOTION for Leave to Appear Pro Hac Vice as to Lov Kumar Goel Filing fee $ 250, receipt number 0419-1309203. by Honeywell International, Inc.. (Ferrell, Forrest) (Entered: 03/22/2011)
MOTION for Leave to Appear Pro Hac Vice as to Erin Kolter Filing fee $ 250, receipt number 0419-1309195. by Honeywell International, Inc.. (Ferrell, Forrest) (Entered: 03/22/2011)
MOTION for Leave to Appear Pro Hac Vice as to Christopher Nalevanko Filing fee $ 250, receipt number 0419-1309182. by Honeywell International, Inc.. (Ferrell, Forrest) (Entered: 03/22/2011)
TRANSCRIPT of MOTIONS HEARING held on 9/1/10 before Judge Martin K. Reidinger. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 1/10/2011. (Reporter: Karen Miller, 828-771-7217) (Entered: 10/12/2010)
ORDER denying 100 Motion for Summary Judgment ; denying 109 Motion for Summary Judgment of Invalidity of the Patents-In-Suit. Signed by District Judge Martin Reidinger on 9/25/2010. (pdf) (Entered: 09/27/2010)
ORDER granting in part and denying in part 104 and 118 . Motion to Exclude from Evidence Expert Testimony of Christopher Reed, John T. Goolkasian, and Brent Robinson [Doc. 104] is GRANTED with respect to the expert testimony of Brent Robinson; GRANTED with respect to any opinion testimony from Christopher Reed regarding the automation of the tool used to manufacture the Holset Wheel;and GRANTED with respect to the opinion testimony of John T. Goolkasian regarding the issues of validity and intent. In all other respects, the Plaintiffs Motion [Doc. 104] is DENIED. IT IS FURTHER ORDERED that the Defendant's Motion to Exclude Certain Expert Opinions of Dr. J.C. Poindexter, Paul Novak, and Dr. John Thorne [Doc. 118] is GRANTED with respect to any opinion testimony from Paul Novak and Dr. John Thorne regarding the ultimate issues of infringement and invalidity and GRANTED with respect to any opinion testimony from Paul Novak regarding the inventorship of the patents-insuit. In all other respects, the Defendants Motion [Doc. 118] is DENIED Signed by District Judge Martin Reidinger on 9/25/2010. (pdf) Modified on 9/27/2010 to correct docket entry text(pdf). NEF regenerated. (Entered: 09/27/2010)
ORDER re 163 Notice (Other), denying Notice (Other) that the Defendant Honeywell seeks to assert in its Notice additional grounds in support of its motion for summary judgment and/or seeks to renew its request for a stay of these proceedings. Signed by District Judge Martin Reidinger on 9/25/2010. (pdf) (Entered: 09/27/2010)
NOTICE by Honeywell International, Inc. re 109 MOTION for Summary Judgment of Invalidity of the Patents-in-Suit (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ferrell, Forrest) (Entered: 08/26/2010)
ORDER granting 183 Motion for Leave to Appear Pro Hac Vice added Leeron G. Kalay for BorgWarner, Inc., Borgwarner Turbo Systems, Inc. Signed by District Judge Martin Reidinger on July 15, 2010. (jhg) (Entered: 07/15/2010)
MOTION for Leave to Appear Pro Hac Vice as to Leeron G. Kalay Filing fee $ 250, receipt number 0419-1109943. by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry) (Entered: 07/13/2010)
DECLARATION of Erin E. Kaiser re 177 Sealed Response to Motion Opposition to Honeywell's Supplemental Brief filed by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (McDevitt, Larry) (Entered: 04/09/2010)
Sealed Document (Sealed - Attorney): Declaration of Philip T. Chen ISO Honeywell's Supplemental Brief ISO Its Motion To Exclude Certain Expert Opinions (Dkt. 118) re: 173 Sealed Document, 118 MOTION to Exclude Certain Expert Opinions by Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-Part 1, # 5 Exhibit D-Part 2, # 6 Exhibit D-Part 3, # 7 Exhibit D-Part 4, # 8 Exhibit E, # 9 Exhibit F)(Chen, Philip) (Entered: 03/26/2010)
173
Filed: 3/26/2010, Entered: None
Sealed Document (Sealed - Attorney): Honeywell's Supplemental Brief In Support Of Its Motion To Exclude Certain Expert Opinions (Dkt. 118) re: 118 MOTION to Exclude Certain Expert Opinions by Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Chen, Philip) (Entered: 03/26/2010)
ORDER (Sealed - Attorney) granting 167 Sealed Motion; granting 169 Motion to Amend/Correct. Signed by District Judge Martin Reidinger on 3/13/1020. (pdf) (Entered: 03/15/2010)
RESPONSE re 163 Notice (Other), Notice (Other) Reply in Support of Honeywell's Notice by Honeywell International, Inc.. (Attachments: # 1 Exhibit)(Ferrell, Forrest) (Entered: 02/19/2010)
DECLARATION of Corrin Drakulich re 154 Sealed Reply to Response to Motion filed by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (McDevitt, Larry) (Entered: 12/21/2009)
ORDER granting 127 Motion to Seal; granting 127 Motion to Seal Document ; granting 139 Motion to Seal. Signed by District Judge Martin Reidinger on December 11, 2009. (pdf) (Entered: 12/14/2009)
DECLARATION of Philip T. Chen re 143 Sealed Document, ISO Honeywell's Opposition to BorgWarner's Motion for Summary Judgment filed by Honeywell International, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-G [Notice of Sealed Exhibits], # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K-O [Notice of Sealed Exhibits], # 7 Exhibit P, # 8 Exhibit Q-R [Notice of Sealed Exhibits], # 9 Exhibit S, # 10 Exhibit T [Notice of Sealed Exhibit])(Cohen, Marc) (Entered: 12/10/2009)
Sealed Document (Sealed - Attorney): Honeywell's Opposition to BorgWarner's Motions to Exclude From Evidence Expert Testimony of Christopher Reed, John T. Goolkasian, and Brent Robinson re: 104 MOTION TO EXCLUDE FROM EVIDENCE EXPERT TESTIMONY OF CHRISTOPHER REED, JOHN T. GOOLKASIAN, AND BRENT ROBINSON by Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Chen, Philip) (Entered: 12/10/2009)
DECLARATION of Corrin Drakulich re 136 Sealed Document, in Support of BorgWarner's Motion to Exclude Certain Expert Opinions filed by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (McDevitt, Larry) (Entered: 12/10/2009)
MEMORANDUM in Support re 127 MOTION to Seal OPPOSITION PAPERS MOTION to Seal Document by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry) (Entered: 12/10/2009)
MOTION to Seal OPPOSITION PAPERS, MOTION to Seal Document by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..Responses due by 12/28/2009. (McDevitt, Larry) (Entered: 12/10/2009)
ORDER granting 108 Motion to FILE UNDER Seal certain pleadings. Signed by District Judge Martin Reidinger on November 24, 2009. (jhg) (Entered: 11/25/2009)
Sealed Document (Sealed - Attorney): Confidential Exhibits to Declaration of Erin C. Kolter ISO Honeywell's Motion to Exclude Certain Expert Opinions re: 120 Declaration, 118 MOTION to Exclude Certain Expert Opinions by Defendant, Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Index, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 30 - Part 1 of 2, # 5 Exhibit 30 - Part 2 of 2, # 6 Exhibit 31, # 7 Exhibit 32, # 8 Exhibit 33, # 9 Exhibit 34, # 10 Exhibit 35, # 11 Exhibit 36, # 12 Exhibit 37, # 13 Exhibit 38)(Chen, Philip) (Entered: 11/23/2009)
123
Filed: 11/23/2009, Entered: None
Sealed Document (Sealed - Attorney): Confidential Exhibits to Declaration of Erin C. Kolter ISO Honeywell's Motion to Exclude Certain Expert Opinions re: 120 Declaration, 118 MOTION to Exclude Certain Expert Opinions by Defendant, Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Index of Exhibits, # 2 Exhibit 27 - Part 1 of 5, # 3 Exhibit 27 - Part 2 of 5, # 4 Exhibit 27 - Part 3 of 5, # 5 Exhibit 27 - Part 4 of 5, # 6 Exhibit 27 - Part 5 of 5)(Chen, Philip) (Entered: 11/23/2009)
122
Filed: 11/23/2009, Entered: None
Sealed Document (Sealed - Attorney): Confidential Exhibits to Declaration of Erin C. Kolter ISO Honeywell's Motion to Exclude Certain Expert Opinions re: 120 Declaration, 118 MOTION to Exclude Certain Expert Opinions by Defendant, Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Index of Exhibits, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23, # 9 Exhibit 24, # 10 Exhibit 26)(Chen, Philip) (Entered: 11/23/2009)
121
Filed: 11/23/2009, Entered: None
Sealed Document (Sealed - Attorney): Confidential Exhibits to Declaration of Erin C. Kolter ISO Honeywell's Motion to Exclude Certain Opinions re: 120 Declaration, 118 MOTION to Exclude Certain Expert Opinions by Defendant, Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Index of Exhibits, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16)(Chen, Philip) (Entered: 11/23/2009)
DECLARATION of Erin C. Kolter re 118 MOTION to Exclude Certain Expert Opinions filed by Honeywell International, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3-24 [Notice of Sealed Exhibits], # 5 Exhibit 25, # 6 Exhibit 26-38 [Notice of Sealed Exhibits])(Chen, Philip) (Entered: 11/23/2009)
Sealed Document (Sealed - Attorney): Brief in Support of Honeywell's Motion to Exclude Certain Expert Opinions re: 118 MOTION to Exclude Certain Expert Opinions by Defendant, Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Chen, Philip) (Entered: 11/23/2009)
MOTION to Exclude Certain Expert Opinions by Honeywell International, Inc..Responses due by 12/10/2009. (Attachments: # 1 Proposed Order)(Chen, Philip) (Entered: 11/23/2009)
DECLARATION of Philip T. Chen re 109 MOTION for Summary Judgment of Invalidity of the Patents-in-Suit filed by Honeywell International, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-F [Notice of Sealed Exhibits], # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M [Notice of Sealed Exhibit}, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P)(Cohen, Marc) (Entered: 11/23/2009)
Sealed Document (Sealed - Attorney): Brief In Support of Honeywell's Motion for Summary Judgment of Invalidity of the Patents-In-Suit re: 109 MOTION for Summary Judgment of Invalidity of the Patents-in-Suit by Defendant, Honeywell International, Inc.; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Exhibit 1)(Cohen, Marc) (Entered: 11/23/2009)
MOTION for Summary Judgment of Invalidity of the Patents-in-Suit by Honeywell International, Inc..Responses due by 12/10/2009. (Attachments: # 1 Proposed Order)(Chen, Philip) (Entered: 11/23/2009)
MOTION to Seal Documents by Honeywell International, Inc..Responses due by 12/10/2009. (Attachments: # 1 Proposed Order)(Chen, Philip) (Entered: 11/23/2009)
Sealed Document (Sealed - Attorney): DECLARATION OF KATHERINE PRESCOTT IN SUPPORT OF MOTIONS TO EXCLUDE FROM EVIDENCE re: 104 MOTION TO EXCLUDE FROM EVIDENCE EXPERT TESTIMONY OF CHRISTOPHER REED, JOHN T. GOOLKASIAN, AND BRENT ROBINSON by BorgWarner; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, Part 1 of 2, # 6 Exhibit E, Part 2 of 2, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(McDevitt, Larry) (Entered: 11/23/2009)
DECLARATION of Katherine Prescott re 104 MOTION TO EXCLUDE FROM EVIDENCE EXPERT TESTIMONY OF CHRISTOPHER REED, JOHN T. GOOLKASIAN, AND BRENT ROBINSON filed by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (Attachments: # 1 Exhibit B, # 2 Exhibit H, # 3 Exhibit J, # 4 Exhibit K, # 5 Exhibit O)(McDevitt, Larry) (Entered: 11/23/2009)
Sealed Document (Sealed - Attorney): BRIEF IN SUPPORT OF MOTIONS TO EXCLUDE EVIDENCE OF EXPERT TESTIMONY re: 104 MOTION TO EXCLUDE FROM EVIDENCE EXPERT TESTIMONY OF CHRISTOPHER REED, JOHN T. GOOLKASIAN, AND BRENT ROBINSON by BorgWarner; (available to BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc.) (McDevitt, Larry) (Entered: 11/23/2009)
MOTION TO EXCLUDE FROM EVIDENCE EXPERT TESTIMONY OF CHRISTOPHER REED, JOHN T. GOOLKASIAN, AND BRENT ROBINSON by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..Responses due by 12/10/2009. (McDevitt, Larry) (Entered: 11/23/2009)
DECLARATION of Erin Kaiser re 100 MOTION for Summary Judgment filed by BorgWarner, Inc., Borgwarner Turbo Systems, Inc. (Attachments: # 1 Exhibit O, # 2 Exhibit P)(McDevitt, Larry) (Entered: 11/23/2009)
ORDER granting 95 Motion to Amend pretrial order and case management deadlines.. Signed by District Judge Martin Reidinger on September 16, 2009. (pdf) (Entered: 09/17/2009)
ORDER granting 93 Motion to extend motions deadline and stipulation regarding Discovery Schedule and the Pretrial Order and Case Management Plan as follows: Discovery extended to 10/12/09; and motions filing deadline extended to 11/2/2009.. Signed by District Judge Martin Reidinger on 6/11/09. (pdf) (Entered: 06/11/2009)
Joint MOTION to Amend/Correct 90 Order on Motion to Amend/Correct, by Honeywell International, Inc..Responses due by 6/22/2009. (Chen, Philip) (Entered: 06/05/2009)
AMENDED REPLY OF BORGWARNER, INC. AND BORGWARNER TURBO SYSTEMS, INC. TO HONEYWELL INTERNATIONAL, INC.'S FIRST AMENDED ANSWER TO SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT; COUNTERCLAIM FOR DECLARATORY RELIEF ANSWER to 65 Amended Complaint by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..(McDevitt, Larry) (Entered: 05/19/2009)
ORDER granting 88 Motion to Amend/Correct Pretrial Order and Case Management Plan. The DDL for the exchange of opening expert reports is extended to 5/19/09; DDL for the exchange of rebuttal expert reports is extended to 6/25/09; DDL for the completion of discovery is extended to 8/6/09 and DDL for the filing of motions other than motions in limine or motions to continue, is extended to 9/3/09.. Signed by District Judge Martin Reidinger on 4/14/09. (pdf) (Entered: 04/14/2009)
REPLY OF BORGWARNER, INC. AND BORGWARNER TURBO SYSTEMS INC. TO HONEYWELL INTERNATIONAL, INC.'S FIRST AMENDED ANSWER TO SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT; COUNTERCLAIM FOR DECLARATORY RELIEF ANSWER to 87 Amended Answer to Complaint, Counterclaim by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..(McDevitt, Larry) (Entered: 04/09/2009)
FIRST AMENDED ANSWER to Second 65 Amended Complaint, Jury Demanded: Y, COUNTERCLAIM for Declaratory Relief against all plaintiffs by Honeywell International, Inc.. (Chen, Philip) on (Entered: 03/30/2009)
ORDER granting 81 Motion for Leave to Appear Pro Hac Vice added Stuart M. Rosenberg for BorgWarner, Inc. and Borgwarner Turbo Systems, Inc., Corrin N. Drakulich for BorgWarner, Inc. and Borgwarner Turbo Systems, Inc.; granting 82 Motion for Leave to Appear Pro Hac Vice added Stuart M. Rosenberg for BorgWarner, Inc. and Borgwarner Turbo Systems, Inc., Corrin N. Drakulich for BorgWarner, Inc. and Borgwarner Turbo Systems, Inc.. Signed by District Judge Martin Reidinger on March 13, 2009. (pdf) (Entered: 03/13/2009)
TRANSCRIPT of MARKMAN HEARING held on 9/15/08 before Judge Martin K. Reidinger. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 6/9/2009. (Reporter: Karen Miller, 828-771-7217) (Entered: 03/11/2009)
MOTION for Leave to Appear Pro Hac Vice as to Stuart M. Rosenberg Filing fee $ 250, receipt number 04190000000000737488. by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (Attachments: # 1 Exhibit A, Affidavit of Stuart Rosenberg)(McDevitt, Larry) (Entered: 03/05/2009)
MOTION for Leave to Appear Pro Hac Vice as to Corrin N. Drakulich Filing fee $ 250, receipt number 04190000000000737470. by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (Attachments: # 1 Exhibit A, Affidavit of Corrin D. Drakulich)(McDevitt, Larry) (Entered: 03/05/2009)
Joint MOTION to Amend/Correct 44 Protective Order FOR ADDENDUM TO PROTECTIVE ORDER by BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc..Responses due by 3/20/2009. (McDevitt, Larry) (Entered: 03/03/2009)
ORDER granting 57 Motion for Claim Construction ; granting 58 Motion for Claim Construction. Signed by District Judge Martin Reidinger on 2/20/09. (pdf) (Additional attachment(s) added on 2/20/2009: # 1 Main Document added correct PDF and deleted incorrect PDF) (pdf). Modified on 2/20/2009 (pdf). Regenerated NEF (Entered: 02/20/2009)
ORDER granting 77 Motion for Leave to Appear Pro Hac Vice added Erin E. Kaiser for BorgWarner, Inc., Borgwarner Turbo Systems, Inc. Signed by District Judge Martin Reidinger on December 29, 2008. (jhg) (Entered: 12/29/2008)
MOTION for Leave to Appear Pro Hac Vice as to Erin E. Kaiser Filing fee $ 250, receipt number 04190000000000691929. by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (Attachments: # 1 Exhibit A, Affidavit of Erin E. Kaiser)(McDevitt, Larry) (Entered: 12/23/2008)
ORDER granting 75 Motion for Leave to Appear Pro Hac Vice added Katherine D. Prescott for BorgWarner, Inc., Borgwarner Turbo Systems, Inc. Signed by District Judge Martin Reidinger on 11/25/08. (ejb) (Entered: 11/25/2008)
MOTION for Leave to Appear Pro Hac Vice as to Katherine D. Prescott Filing fee $ 250, receipt number 04190000000000673924. by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (Attachments: # 1 Exhibit A, Affidavit of Katherine D. Prescott)(McDevitt, Larry) (Entered: 11/25/2008)
REPLY OF BORGWARNER, INC. AND BORGWARNER TURBO SYSTEMS, INC TO AMENDED COUNTERCLAIM FOR DECLARATORY RELIEF ANSWER to 70 Answer to Amended Complaint, Counterclaim by BorgWarner, Inc., Borgwarner Turbo Systems, Inc..(McDevitt, Larry) (Entered: 07/11/2008)
ORDER denying 59 Motion to Stay and rescheduling the Markman hearing for Monday, September 15, 2008. Signed by District Judge Martin Reidinger on July 7, 2008. (jhg) (Entered: 07/07/2008)
REPLY to Response to Motion re 59 MOTION to Stay [Renewed] Proceedings Pending Reexamination of the Patents-in-Suit by Honeywell International, Inc.. (Chen, Philip) (Entered: 06/24/2008)
ANSWER to 65 Amended Complaint Second, Amended COUNTERCLAIM for Declaratory Relief against BorgWarner, Inc., Borgwarner Turbo Systems, Inc. by Honeywell International, Inc..(Chen, Philip) (Entered: 06/23/2008)
Exhibit by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. Exhibit to 68 Response in Opposition to Motion TO STAY PROCEEDINGS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, Part 1 of 3, # 7 Exhibit F, Part 2 of 3, # 8 Exhibit F, Part 3 of 3)(McDevitt, Larry) (Entered: 06/19/2008)
RESPONSE in Opposition re 59 MOTION to Stay [Renewed] Proceedings Pending Reexamination of the Patents-in-Suit by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. Replies due by 6/27/2008. (McDevitt, Larry) (Entered: 06/13/2008)
REPLY to Response to Motion re 58 MOTION For Construction Of The Claims by Honeywell International, Inc.. (Attachments: # 1 Declaration of Matthew Hollander, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Chen, Philip) (Entered: 06/11/2008)
REPLY to Response to Motion re 57 MOTION FOR CONSTRUCTION OF THE CLAIMS by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry) (Entered: 06/11/2008)
Supplemental Memorandum by Honeywell International, Inc. as to 59 MOTION to Stay [Renewed] Proceedings Pending Reexamination of the Patents-in-Suit by Honeywell International, Inc.. (Attachments: # 1 Declaration of Philip T. Chen, # 2 Exhibit A, # 3 Exhibit B)(Chen, Philip) (Entered: 06/04/2008)
RESPONSE in Opposition re 57 MOTION FOR CONSTRUCTION OF THE CLAIMS by Honeywell International, Inc.. Replies due by 6/9/2008. (Attachments: # 1 Declaration of Matthew H. Hollander, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Chen, Philip) (Entered: 05/28/2008)
DECLARATION of Philip P. Chen re 59 MOTION to Stay [Renewed] Proceedings Pending Reexamination of the Patents-in-Suit filed by Honeywell International, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H - Part 1, # 9 Exhibit H - Part 2, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N - Part 1, # 16 Exhibit N - Part 2, # 17 Exhibit O - Part 1, # 18 Exhibit O - Part 2, # 19 Exhibit P - Part 1, # 20 Exhibit P - Part 2, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U)(Chen, Philip) (Entered: 05/27/2008)
MEMORANDUM in Support re 59 MOTION to Stay [Renewed] Proceedings Pending Reexamination of the Patents-in-Suit by Honeywell International, Inc.. (Attachments: # 1 Proposed Order)(Chen, Philip) (Entered: 05/27/2008)
MOTION to Stay [Renewed] Proceedings Pending Reexamination of the Patents-in-Suit by Honeywell International, Inc..Responses due by 6/13/2008. (Chen, Philip) (Entered: 05/27/2008)
NOTICE by BorgWarner, Inc., Borgwarner Turbo Systems, Inc., Honeywell International, Inc. re 47 Scheduling Order, JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT (McDevitt, Larry) (Entered: 03/26/2008)
DECLARATION of Philip T. Chen re 48 MOTION to Stay Proceedings Pending Reexamination of the Patents-in-Suit filed by Honeywell International, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, part 1, # 8 Exhibit G, part 2, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, part 1, # 14 Exhibit L, part 2, # 15 Exhibit M, part 1, # 16 Exhibit M, part 2, # 17 Exhibit N, part 1, # 18 Exhibit N, part 2, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R)(Chen, Philip) (Entered: 03/21/2008)
MEMORANDUM in Support re 48 MOTION to Stay Proceedings Pending Reexamination of the Patents-in-Suit by Honeywell International, Inc.. (Attachments: # 1 Proposed Order)(Chen, Philip) (Entered: 03/21/2008)
MOTION to Stay Proceedings Pending Reexamination of the Patents-in-Suit by Honeywell International, Inc..Responses due by 4/7/2008. (Chen, Philip) (Entered: 03/21/2008)
Pretrial Order and Case Management Plan: MARKMAN HEARING tentative set for 7/1/2008 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before District Judge Martin Reidinger. All other dates to be set following such hearing. Signed by District Judge Martin Reidinger on 2/11/08. (jhg) Modified on 3/3/2008 (jhg). (Entered: 03/03/2008)
ORDER denying 26 Motion to Change Venue; terminating 38 Memorandum and Recommendations.. Signed by District Judge Martin Karl Reidinger on 2/11/08. (jhg) (Entered: 02/11/2008)
ORDER granting 42 Motion to Withdraw as Attorney. Attorney Nancy Lewis Huegerich terminated. Signed by Judge Dennis Howell on 12/14/07. (jhg) (Entered: 12/14/2007)
MOTION to Withdraw as Attorney on behalf of Nancy Huegerich by Honeywell International, Inc.. (Huegerich, Nancy). Motions referred to Dennis Howell. (Entered: 12/12/2007)
NOTICE of Corrected Image/Document re: 26 Motion to Change Venue by Honeywell International, Inc. (Attachments: # 1 Corrected Declaration of Brent Robinson)(Chen, Philip) (Entered: 11/27/2007)
Miscellaneous Filing by Honeywell International, Inc.. re: 38 Memorandum and Recommendations [Honeywell's Limited Objection to the Magistrate Judge's October 16, 2007 Memorandum and Recommendation] (Huegerich, Nancy) (Entered: 10/30/2007)
MEMORANDUM AND RECOMMENDATIONS re 26 MOTION to Change Venue filed by Honeywell International, Inc. Objections to M&R due by 11/2/2007. Signed by Judge Dennis Howell on 10/16/07. (ejb) (Entered: 10/16/2007)
MOTION to file under Seal by BorgWarner, Inc., Borgwarner Turbo Systems, Inc.. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit B# 4 Exhibit C# 5 Errata D# 6 Exhibit E# 7 Errata F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I)(jhg). Motions referred to Dennis Howell. (Entered: 08/30/2007)
MOTION to file under Seal by Borgwarner, Inc., Borgwarner Turbo Systems, Inc.. (Attachments: # 1 Proposed Order)(jhg). Motions referred to Dennis Howell. (Entered: 08/17/2007)
MOTION to Change Venue by Honeywell International, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit Declaration of Brent Robinson)(Huegerich, Nancy). Motions referred to Dennis Howell. (Entered: 07/30/2007)
ANSWER to Amended Complaint for Patent Infringement, COUNTERCLAIM for Declaratory Relief against all plaintiffs by Honeywell International, Inc..(Huegerich, Nancy) (Entered: 07/30/2007)
ORDER granting 16 Motion for Leave to Appear Pro Hac Vice added Phillip Chen for Honeywell International, Inc., Marc H. Cohen for Honeywell International, Inc., Robert G. Krupka for Honeywell International, Inc.; granting 17 Motion for Leave to Appear Pro Hac Vice added Phillip Chen for Honeywell International, Inc., Marc H. Cohen for Honeywell International, Inc., Robert G. Krupka for Honeywell International, Inc.; granting 18 Motion for Leave to Appear Pro Hac Vice added Phillip Chen for Honeywell International, Inc., Marc H. Cohen for Honeywell International, Inc., Robert G. Krupka for Honeywell International, Inc.. Signed by Judge Dennis Howell on 6/26/07. (jhg) (Entered: 06/26/2007)
ORDER granting 20 Motion for Extension of Time to Answer Honeywell International, Inc. answer due 7/25/2007.. Signed by Judge Dennis Howell on 6/25/07. (jhg) (Entered: 06/25/2007)
Second MOTION for Extension of Time to File Answer by Honeywell International, Inc.. (Huegerich, Nancy). Motions referred to Dennis Howell. (Entered: 06/22/2007)
Second MOTION for Extension of Time to File Answer by Honeywell International, Inc.. (Ferrell, Forrest). Motions referred to Dennis Howell. (Entered: 06/22/2007)
MOTION for Leave to Appear Pro Hac Vice as to Robert Krupka Filing fee $ 100, receipt number 365334. by Honeywell International, Inc.. (Ferrell, Forrest). Motions referred to Dennis Howell. (Entered: 06/22/2007)
MOTION for Leave to Appear Pro Hac Vice as to Marc Cohen Filing fee $ 100, receipt number 365330. by Honeywell International, Inc.. (Ferrell, Forrest). Motions referred to Dennis Howell. (Entered: 06/22/2007)
MOTION for Leave to Appear Pro Hac Vice as to Philip Chen Filing fee $ 100, receipt number 365320. by Honeywell International, Inc.. (Ferrell, Forrest). Motions referred to Dennis Howell. (Entered: 06/22/2007)
ORDER granting 12 Motion for Leave to Appear Pro Hac Vice added Ralph A. Phillips for Borgwarner, Inc. and Borgwarner Turbo Systems, Inc.. Signed by Judge Dennis Howell on 6/21/07. (jhg) (Entered: 06/21/2007)
ORDER granting 10 Motion for Leave to Appear Pro Hac Vice added David M. Barkan for Borgwarner, Inc. and Borgwarner Turbo Systems, Inc.. Signed by Judge Dennis Howell on 6/21/07. (jhg) (Entered: 06/21/2007)
ORDER granting 11 Motion for Leave to Appear Pro Hac Vice added Joshua A. Griswold for Borgwarner, Inc. and Borgwarner Turbo Systems, Inc.. Signed by Judge Dennis Howell on 6/21/07. (jhg) Modified on 6/22/2007 (Gosnell, Joan). (Entered: 06/21/2007)
MOTION for Leave to Appear Pro Hac Vice as to Ralph A.Phillips Filing fee $ 100, receipt number 363871. by Borgwarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry). Motions referred to Dennis Howell. (Entered: 06/20/2007)
MOTION for Leave to Appear Pro Hac Vice as to Joshua A. Griswold Filing fee $ 100, receipt number 363865. by Borgwarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry). Motions referred to Dennis Howell. (Entered: 06/20/2007)
MOTION for Leave to Appear Pro Hac Vice as to David M. Barkan Filing fee $ 100, receipt number 363838. by Borgwarner, Inc., Borgwarner Turbo Systems, Inc.. (McDevitt, Larry). Motions referred to Dennis Howell. (Entered: 06/20/2007)
ORDER granting 7 Motion for Extension of Time to Answer re 1 Complaint Honeywell International, Inc. answer due 7/5/2007. Signed by Judge Dennis Howell on 6/13/07. (ejb) (Entered: 06/13/2007)
First MOTION for Extension of Time to File Answer by Honeywell International, Inc.. (Huegerich, Nancy). Motions referred to Dennis Howell. (Entered: 06/12/2007)
ERROR: Docketed without the form. SEE NO. 6 - REPORT on the filing or determination of an action regarding patent and/or trademark numbers. See Complaint. (jhg) Modified on 6/1/2007 (Gosnell, Joan). (Entered: 06/01/2007)
SUMMONS Returned Executed by Borgwarner, Inc., Borgwarner Turbo Systems, Inc.. Honeywell International, Inc. served on 5/25/2007, answer due 6/14/2007. (McDevitt, Larry) (Entered: 05/30/2007)