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 94 |
Filed: 4/27/2011, Entered: None |
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True copy of mandate from the USCA for the Federal Circuit: Reversing the judgment of the District Court and vacating the fee award re 90 Notice of Appeal (USCA# 2010-1247). Date issued as mandate 4/22/11 (Related document 93 (H,SP) (Entered: 04/27/2011)
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| 93 |
Filed: 3/23/2011, Entered: None |
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Information copy of opinion from the USCA for the Federal Circuit: Reversing the judgment of the District Court and the award of attorney fees is vacated re 90 Notice of Appeal (USCA# 2010-1247). This is not a mandate order. Circuit Judges: Newman, Mayer and Bryson. Date issued by USCA 3/16/11 (H,SP) (Entered: 03/23/2011)
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| 92 |
Filed: 6/28/2010, Entered: None |
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Order granting Plaintiff's Motion for an Order approving Escrow and Staying Enforcement of Judgment pending Appeal (Related Doc # 91 ). Signed by Judge David D. Dowd, Jr. on 6/28/2010. (M,De) Modified text on 6/29/2010 (P,G). (Entered: 06/28/2010)
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| 91 |
Filed: 6/25/2010, Entered: None |
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Unopposed Motion for Approval of Escrow and for Stay of Enforcement filed by Plaintiff Old Reliable Wholesale, Inc.. Related document(s) 89 , 88 . (Attachments: # 1 Exhibit A - Escrow Agreement, # 2 Exhibit B - Deposit Info)(McCue, Shannon) (Entered: 06/25/2010)
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| 90 |
Filed: 3/2/2010, Entered: None |
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NOTICE OF APPEAL to the Federal Circuit Court of Appeals from the 88 Memorandum of Opinion and 89 Judgment Entry of 2/2/10, filed by Old Reliable Wholesale, Inc. (Filing fee of $455 paid, receipt number 0647-3979026) (Gaum, R.) Modified text on 3/3/2010 (H,SP). (Entered: 03/02/2010)
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| 89 |
Filed: 2/2/2010, Entered: None |
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Judgment that for the reasons set forth in the Memorandum Opinion (ECF # 88 ), filed contemporaneously with this Judgment Entry, judgment is awarded to Cornell Corporation and against Old Reliable Wholesale in the amount of $196,628.64. Signed by Judge David D. Dowd, Jr. on 2/2/2010. (M,De) (Entered: 02/02/2010)
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| 88 |
Filed: 2/2/2010, Entered: None |
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Memorandum Opinion and Order regarding 79 Motion for attorney fees and to amend the Court's judgment to include an award of attorney fees. Cornell's motion for an award of attorney fees is granted in part and denied in part. Judgment will be entered for the defendant and against the plaintiff for the total sum of $196,628.64 which includes fees for Brouse McDowell in the sum of $1,638.82, plus attorney fees in the sum of $176,991.75 for fees for Severson, Sheldon, Dougherty and Molenda, $4,886.54 for travel expenses and out of pocket expenses incurred by Severson, Sheldon, Dougherty and Molenda, and costs in the sum of $13,111.53. Signed by Judge David D. Dowd, Jr. on 2/2/2010. (M,De) (Entered: 02/02/2010)
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| 87 |
Filed: 1/22/2010, Entered: None |
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True copy of mandate from the USCA for the Federal Circuit: Affirming the judgment of the District Court as to 84 Notice of Appeal (USCA# 09-1328). Date issued as mandate 1/19/10 (H,SP) (Entered: 01/22/2010)
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| 86 |
Filed: 5/8/2009, Entered: None |
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Reply to response to 79 Motion for attorney fees pursuant to 35 U.S.C. 285 and to amend judgment to insert award of attorney fees by Matthew J. Schaap filed by Cornell Corporation. (Attachments: # 1 Affidavit Declaration of Matthew J. Schaap (Second), # 2 Exhibit 1 to Declaration of Matthew J. Schaap (Second), # 3 Exhibit 2 to Declaration of Matthew J. Schaap (Second), # 4 Exhibit 3 to Declaration of Matthew J. Schaap (Second))(Schaap, Matthew) (Entered: 05/08/2009)
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| 85 |
Filed: 5/1/2009, Entered: None |
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Opposition to 79 Motion for attorney fees pursuant to 35 U.S.C. 285 and to amend judgment to insert award of attorney fees by Matthew J. Schaap filed by Old Reliable Wholesale, Inc.. (Attachments: # 1 Affidavit Declaration of R. Eric Gaum, # 2 Affidavit Declaration of Anthony J. Crookston, III, # 3 Exhibit 1 - August 14 2006 - Letter from Gaum to Coughlin, # 4 Exhibit 2 - 1986-87 Cornell Brochures from Coughlin, # 5 Exhibit 3 - July 10 2006 Letter from Gaum to Cornell, # 6 Exhibit 4 - U S Patent No 5069950, # 7 Exhibit 5 - August 30 2006 Letter from Gaum to Coughlin, # 8 Exhibit 6 - October 3 2006 Letter from Gaum to Coughlin, # 9 Exhibit 7 - January 26 2007 Letter from Gaum to Huusko, # 10 Exhibit 8 - Deposition of Richard Dauphinais, # 11 Exhibit 9 - Cornell VT-1 and VT-2 Brochure, # 12 Exhibit 10 - Cornell's Patent Application, # 13 Exhibit 11 - February 27 1987 Information Disclosure Statement, # 14 Exhibit 12 - MSDS VT1 VT2 TCal, # 15 Exhibit 13 - MSDS VTX1 VTX2 TCalX, # 16 Exhibit 14 - September 1 1987 Amendment and Response, # 17 Exhibit 15 - Cornell's Responses to ORW's Second Set of Admissions, # 18 Exhibit 16 - Cornell's Petition for Reexamination, # 19 Exhibit 17 - PTO Transaction History for Reexamination, # 20 Exhibit 18 - Deposition of Lawrence Crookston)(Gaum, R.) (Entered: 05/01/2009)
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| 84 |
Filed: 4/22/2009, Entered: None |
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NOTICE OF APPEAL to the Federal Circuit Court of Appeals from the 75 Memorandum Opinion and 76 Judgment Entry of 3/24/09, filed by Old Reliable Wholesale, Inc. (Filing fee of $455 paid, receipt number 06470000000003526619) (Gaum, R.) Modified text on 4/23/2009 (H,SP). (Entered: 04/22/2009)
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| 83 |
Filed: 4/21/2009, Entered: None |
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Bill of costs filed by Cornell Corporation. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant Cornell Corporation's Bill of Costs, # 2 Affidavit /Declaration of Matthew J. Schaap in Support of Cornell Corporation's Bill of Costs, # 3 Exhibit 1 to Declaration of Matthew J. Schaap in Support of Cornell Corporation's Bill of Costs, # 4 Exhibit 2 to Declaration of Matthew J. Schaap in Support of Cornell Corporation's Bill of Costs, # 5 Exhibit 3 to Declaration of Matthew J. Schaap in Support of Cornell Corporation's Bill of Costs, # 6 Exhibit 4 to Declaration of Matthew J. Schaap in Support of Cornell Corporation's Bill of Costs)(Schaap, Matthew) (Entered: 04/21/2009)
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| 82 |
Filed: 4/21/2009, Entered: None |
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Order denying 81 Plaintiff's motion to extend the time to appeal. Signed by Judge David D. Dowd, Jr on 4/21/2009. (M,De) (Entered: 04/21/2009)
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| 81 |
Filed: 4/20/2009, Entered: None |
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Motion for extension of time to Appeal filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. (Gaum, R.) (Entered: 04/20/2009)
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 80 |
Filed: 4/17/2009, Entered: None |
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SEALED Document: Exhibit 7 to Declaration of Matthew Schaap filed by Cornell Corporation. Related document(s) 78 , 79 . (Schaap, Matthew) (Entered: 04/17/2009)
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| 79 |
Filed: 4/17/2009, Entered: None |
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Motion for attorney fees pursuant to 35 U.S.C. 285 and to amend judgment to insert award of attorney fees by Matthew J. Schaap filed by Counter-Claimant Cornell Corporation, Defendant Cornell Corporation. (Attachments: # 1 Brief in Support of Motion for Attorney Fees, # 2 Affidavit /Declaration of Michael Coughlin, # 3 Exhibit 1 to Declaration of Michael Coughlin, # 4 Affidavit /Declaration of John Skeriotis (with Exhibit A), # 5 Affidavit /Declaration of Gary Huusko, # 6 Exhibit 1 to Declaration of Gary Huusko, # 7 Exhibit 2 to Declaration of Gary Huusko, # 8 Exhibit 3 to Declaration of Gary Huusko, # 9 Exhibit 4 to Declaration of Gary Huusko, # 10 Affidavit /Declaration of Matthew Schaap, # 11 Exhibit 1 to Declaration of Matthew Schaap, # 12 Exhibit 2 to Declaration of Matthew Schaap, # 13 Exhibit 3 to Declaration of Matthew Schaap, # 14 Exhibit 4 to Declaration of Matthew Schaap, # 15 Exhibit 5 to Declaration of Matthew Schaap, # 16 Exhibit 6 to Declaration of Matthew Schaap, # 17 Exhibit 7 (filed electronically under seal) to Declaration of Matthew Schaap)(Schaap, Matthew) (Entered: 04/17/2009)
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| 78 |
Filed: 4/17/2009, Entered: None |
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Marginal Entry Order granting Defendant's Motion for leave (Related Doc # 77 ) to file documents under seal. Signed by Judge David D. Dowd, Jr on 4/17/2009.(P,G) (Entered: 04/17/2009)
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| 77 |
Filed: 4/17/2009, Entered: None |
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Motion for leave to File Documents Under Seal filed by Defendant Cornell Corporation. (Attachments: # 1 Proposed Order)(Skeriotis, John) (Entered: 04/17/2009)
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| 76 |
Filed: 3/24/2009, Entered: None |
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Judgment Entry that for the reasons set forth in the Memorandum Opinion 75 filed contemporaneously with this Judgment Entry, 1) Defendant Cornell's motion for summary judgment (ECF 54 ) that the '950 Patent is invalid pursuant to 35 U.S.C. §§ 102 and 103 is Granted; and 2)Plaintiff Old Reliable's motion for summary judgment (ECF 53 ) that defendant infringed the '950 Patent is Denied. Signed by Judge David D. Dowd, Jr. on 3/24/2009. (M,De) (Entered: 03/24/2009)
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| 75 |
Filed: 3/24/2009, Entered: None |
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Memorandum Opinion that Cornell's motion for summary judgment (ECF 54 ) that the '950 Patent is invalid pursuant to 35 U.S.C. §§ 102 and 103 is Granted. Old Reliable's motion for summary judgment (ECF 53 ) that defendant infringed the '950 Patent is Denied. In its counterclaims against Old Reliable, Cornell sought attorney fees pursuant to 35 U.S.C. § 285. (See ECF 8 ). Section 285 gives the Court discretion to award attorney fees to prevailing parties "in exceptional cases." The issue of attorney fees has not been briefed. If Cornell desires to pursue attorney fees, a brief in support of a fee award should be filed by April 17, 2009. Old Reliable may respond by May 1, 2009, and Cornell may reply by May 8, 2009. Signed by Judge David D. Dowd, Jr. on 3/24/2009. (Attachments: # 1 Attachment 1) (M,De) (Entered: 03/24/2009)
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| 74 |
Filed: 9/10/2008, Entered: None |
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Sur-Surreply In Support of 54 Motion for summary judgment filed by Cornell Corporation. (Attachments: # 1 Exhibit 1 to Sur-Surreply, # 2 Exhibit 2 to Sur-Surreply, # 3 Exhibit 3 to Sur-Surreply)(Schaap, Matthew) Modified text on 9/11/2008 (M,KR). (Entered: 09/10/2008)
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| 73 |
Filed: 9/5/2008, Entered: None |
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Motion for leave to file Sur-Surreply to Plaintiff's Surreply filed by Counter-Claimant Cornell Corporation, Defendant Cornell Corporation. Related document(s) 72 , 71 . (Attachments: # 1 Cornell Corporation's PROPOSED Sur-Surreply, # 2 Exhibit 1 to Sur-Surreply, # 3 Exhibit 2 to Sur-Surreply, # 4 Exhibit 3 to Sur-Surreply)(Schaap, Matthew) (Entered: 09/05/2008)
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| 72 |
Filed: 8/29/2008, Entered: None |
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Exhibit(s) 27,30,31,32,33,34 and 35 filed by Old Reliable Wholesale, Inc. FILED UNDER SEAL, #4540. Related document(s) 71 . (R,Sh) (Entered: 08/29/2008)
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| 71 |
Filed: 8/29/2008, Entered: None |
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Sur-Reply to Defendant Cornell Corporation's 54 Motion for summary judgment of Invalidity filed by Old Reliable Wholesale, Inc.. (Attachments: # 1 Exhibit 27, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 30, # 5 Exhibit 31, # 6 Exhibit 32, # 7 Exhibit 33, # 8 Exhibit 34, # 9 Exhibit 35)(Gaum, Richard) (Entered: 08/29/2008)
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| 70 |
Filed: 8/28/2008, Entered: None |
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Marginal Entry Order granting Old Reliable Wholesale's Motion for leave to file a surreply to defendant Cornell Corp.'s Motion for Summary Judgment (Related Doc # 69 ). Signed by Judge David D. Dowd, Jr. on 8/28/08. (M,De) (Entered: 08/28/2008)
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| 69 |
Filed: 8/27/2008, Entered: None |
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Motion for leave to File Surreply to Defendant Cornell Corporation's Motion for Summary Judgment of Invalidity filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. Related document(s) 59 , 54 , 64 , 62 . (Attachments: # 1 Pleading ORW's proposed surreply, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30, # 6 Exhibit 31, # 7 Exhibit 32, # 8 Exhibit 33, # 9 Exhibit 34, # 10 Exhibit 35)(McCue, Shannon) (Entered: 08/27/2008)
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| 68 |
Filed: 8/19/2008, Entered: None |
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Corrected Reply in Support of Summary Judgment of Patent Infringement filed by Old Reliable Wholesale, Inc. FILED UNDER SEAL #4530. Related document(s) 67 , 53 . (M,KR) (Entered: 08/19/2008)
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| 67 |
Filed: 8/19/2008, Entered: None |
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Corrected Reply to response to 53 Motion for summary judgment of Patent Infringement (Corrected and Filed Under Seal) filed by Old Reliable Wholesale, Inc.. (Attachments: # 1 Exhibit 7 (filed under seal), # 2 Exhibit 8, # 3 Exhibit 9)(Gaum, Richard) Modified text on 8/19/2008 (M,KR). (Entered: 08/19/2008)
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| 66 |
Filed: 8/19/2008, Entered: None |
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Marginal Entry Order granting Plaintiff's Motion for leave to file corrected reply brief (Related Doc # 65 ). Signed by Judge David D. Dowd, Jr. on 8/19/08. (M,De) (Entered: 08/19/2008)
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| 65 |
Filed: 8/18/2008, Entered: None |
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Motion for leave to File Corrected Reply Brief filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. (Gaum, Richard) (Entered: 08/18/2008)
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| 64 |
Filed: 8/15/2008, Entered: None |
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Reply Memorandum In Support of 54 Motion for Summary Judgment on Invalidity and Exhibits 1-3 to Third Declaration of Matthew J. Schaap filed by Cornell Corporation. FILED UNDER SEAL, #4526. Related documents 25 , 26 , 62 . (R,Sh) Modified on 8/18/2008 to create link(Page, Gina). (Entered: 08/15/2008)
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| 63 |
Filed: 8/15/2008, Entered: None |
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Reply to response to 53 Motion for summary judgment of Patent Infringement (filed under seal), filed by Old Reliable Wholesale, Inc. (Attachments: # 1 Exhibit 27 (filed under seal), # 2 Exhibit 28 - A. Crookston III dep, # 3 Exhibit 29 - J Rice dep)(Gaum, Richard) Modified text to add sealed log # 4527 on 8/15/2008, Related document 26 . (R,Sh) (Entered: 08/15/2008)
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| 62 |
Filed: 8/15/2008, Entered: None |
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Reply to response to 54 Motion for summary judgment on patent invalidity (filed manually under seal) filed by Cornell Corporation. (Attachments: # 1 Certificate of Counsel, # 2 Affidavit /Declaration of Matthew J. Schaap (Third), # 3 Exhibit 1 (filed manually under seal) to Declaration of Matthew J. Schaap (Third), # 4 Exhibit 2 (filed manually under seal) to Declaration of Matthew J. Schaap (Third), # 5 Exhibit 3 (filed manually under seal) to Declaration of Matthew J. Schaap (Third), # 6 Exhibit 4 to Declaration of Matthew J. Schaap (Third), # 7 Exhibit 5 to Declaration of Matthew J. Schaap (Third), # 8 Exhibit 6 to Declaration of Matthew J. Schaap (Third), # 9 Exhibit 7 to Declaration of Matthew J. Schaap (Third), # 10 Exhibit 8 to Declaration of Matthew J. Schaap (Third))(Schaap, Matthew) (Entered: 08/15/2008)
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| 61 |
Filed: 8/1/2008, Entered: None |
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Opposition to 53 Motion for summary judgment of Patent Infringement filed by Cornell Corporation. (Attachments: # 1 Certificate of Counsel, # 2 Proposed Order, # 3 Affidavit Declaration of Matthew J. Schaap (Second), # 4 Exhibit 1 to Second Declaration of Matthew J. Schaap, # 5 Exhibit 2 to Second Declaration of Matthew J. Schaap, # 6 Exhibit 3 to Second Declaration of Matthew J. Schaap)(Schaap, Matthew) (Entered: 08/01/2008)
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| 60 |
Filed: 8/1/2008, Entered: None |
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Plaintiff's Brief in Opposition to Defendant's Motion for Summary Judgment of Patent Invalidity and Exhibits 3,9,10,11,12,13,16A and 16B to same filed by Old Reliable Wholesale, Inc. FILED UNDER SEAL, #4509 Related document(s) 25 , 59 . (R,Sh) Modified on 8/4/2008 to create link (Page, Gina). (Entered: 08/01/2008)
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| 59 |
Filed: 8/1/2008, Entered: None |
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Opposition to 54 Motion for summary judgment of patent invalidity filed by Old Reliable Wholesale, Inc.. (Attachments: # 1 Affidavit Declaration of R. Eric Gaum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3 (under seal), # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9 (under seal), # 11 Exhibit 10 (under seal), # 12 Exhibit 11 (under seal), # 13 Exhibit 12 (under seal), # 14 Exhibit 13 (under seal), # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16A (under seal), # 18 Exhibit 16B (under seal), # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26)(Gaum, Richard) Modified text on 8/4/2008 (P,G). (Entered: 08/01/2008)
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| 58 |
Filed: 7/25/2008, Entered: None |
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Marginal Entry Order granting Plaintiff's Motion for leave to file a memorandum in opposition with an additional 10 pages in excess of the 20 page limit and the same extension of the page limit (10 pages) is granted to Cornell Corporation for its reply. (Related Doc # 56 , 57 ) Signed by Judge David D. Dowd, Jr on 7/25/2008.(P,G) (Entered: 07/25/2008)
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| 57 |
Filed: 7/25/2008, Entered: None |
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Amended Motion for leave to extend page limits filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. (McCue, Shannon) (Entered: 07/25/2008)
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| 56 |
Filed: 7/24/2008, Entered: None |
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Unopposed Motion for leave to exceed page limit filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. (McCue, Shannon) (Entered: 07/24/2008)
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| 55 |
Filed: 7/14/2008, Entered: None |
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Affidavit/Declaration Certifying Memorandum in support of Motion for Summary Judgment complies with LR 7.1(f) filed by Old Reliable Wholesale, Inc.. Related document(s) 53 . (McCue, Shannon) (Entered: 07/14/2008)
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| 54 |
Filed: 7/11/2008, Entered: None |
Motion for Summary Judgment |
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Motion for summary judgment filed by Counter-Claimant Cornell Corporation, Defendant Cornell Corporation. (Attachments: # 1 Brief in Support of Cornell Corporations Motion for Summary Judgment on Invalidity, # 2 Proposed Order, # 3 Certificate of Counsel, # 4 Exhibit A (Ray L. Weber Declaration), # 5 Exhibit B (Neil Goodall Declaration), # 6 Exhibit 1 to Exhibit B, # 7 Exhibit 2 to Exhibit B, # 8 Exhibit 3 to Exhibit B, # 9 Exhibit 4 to Exhibit B, # 10 Exhibit 5 to Exhibit B, # 11 Exhibit 6 to Exhibit B, # 12 Exhibit 7 to Exhibit B, # 13 Exhibit 8 to Exhibit B, # 14 Exhibit 9 to Exhibit B, # 15 Exhibit 10 to Exhibit B, # 16 Exhibit 11 to Exhibit B, # 17 Exhibit 12 to Exhibit B, # 18 Exhibit 13 to Exhibit B, # 19 Exhibit 14 to Exhibit B, # 20 Exhibit 15 to Exhibit B, # 21 Exhibit 16 to Exhibit B, # 22 Exhibit 17 to Exhibit B, # 23 Exhibit 18 to Exhibit B, # 24 Exhibit 19 to Exhibit B, # 25 Exhibit 20 to Exhibit B, # 26 Exhibit 21 to Exhibit B, # 27 Exhibit C (David Tonnancour Declaration), # 28 Exhibit 1 to Exhibit C, # 29 Exhibit 2 to Exhibit C, # 30 Exhibit 3 to Exhibit C, # 31 Exhibit 4 to Exhibit C, # 32 Exhibit 5 to Exhibit C, # 33 Exhibit 6 to Exhibit C, # 34 Exhibit 7 to Exhibit C, # 35 Exhibit 8 to Exhibit C, # 36 Exhibit 9 to Exhibit C, # 37 Exhibit 10 to Exhibit C, # 38 Exhibit 11 to Exhibit C, # 39 Exhibit 12 to Exhibit C, # 40 Exhibit 13 to Exhibit C, # 41 Exhibit D (Nadia Z. Strenk Declaration), # 42 Exhibit E (Matthew J. Schaap Declaration), # 43 Exhibit 1 to Exhibit E, # 44 Exhibit 2 to Exhibit E, # 45 Exhibit 3 to Exhibit E, # 46 Exhibit 4 to Exhibit E, # 47 Exhibit 5 to Exhibit E, # 48 Exhibit 6 to Exhibit E, # 49 Exhibit 7 to Exhibit E, # 50 Exhibit 8 to Exhibit E, # 51 Exhibit 9 to Exhibit E, # 52 Exhibit 10 to Exhibit E, # 53 Exhibit 11 to Exhibit E, # 54 Exhibit 12 to Exhibit E, # 55 Exhibit 13 to Exhibit E, # 56 Exhibit 14 to Exhibit E, # 57 Exhibit 15-1 to Exhibit E, # 58 Exhibit 15-2 to Exhibit E, # 59 Exhibit 16-1 to Exhibit E, # 60 Exhibit 16-2 to Exhibit E, # 61 Exhibit 17 to Exhibit E)(Schaap, Matthew) (Entered: 07/11/2008)
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| 53 |
Filed: 7/11/2008, Entered: None |
Motion for Summary Judgment |
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Motion for summary judgment of Patent Infringement filed by Plaintiff Old Reliable Wholesale, Inc.. (Attachments: # 1 Brief in Support ORW's Memorandum of Law in Support of Its Motion for Summary Judgment of Patent Infringement, # 2 Affidavit Declaration of R. Eric Gaum, # 3 Exhibit 1 - U.S. Patent 5,069,950, # 4 Exhibit 2 - Assignment, # 5 Exhibit 3 - Cornell's Responses to Plaintiff's Second Set of Requests for Admissions and Corresponding Answers to Plaintifff's Interrogatories, # 6 Exhibit 4 - MSDS, # 7 Exhibit 5 - Brochure for Cornell's Vent-Top ThermaCal 1, # 8 Exhibit 6 - Brochure for Cornell's Vent-Top ThermaCal X1)(Gaum, Richard) (Entered: 07/11/2008)
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| 52 |
Filed: 6/26/2008, Entered: None |
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Order granting Joint Motion to stay proceedings and continue trial pending a ruling on upcoming summary judgment motions (Related Doc # 51 ). Signed by Judge David D. Dowd, Jr on 6/26/08.(M,De) (Entered: 06/26/2008)
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| 51 |
Filed: 6/25/2008, Entered: None |
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Joint Motion to stay proceedings and continue trial pending a ruling on upcoming summary judgment motions filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Claimant Cornell Corporation, Counter-Defendant Old Reliable Wholesale, Inc., Defendant Cornell Corporation. (McCue, Shannon) Modified text on 6/26/2008 (P,G). (Entered: 06/25/2008)
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| 50 |
Filed: 6/4/2008, Entered: None |
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Trial Order scheduling jury trial on a standby basis for the two-week period beginning 11/3/2008 with final joint stipulation to be filed by 10/27/2008. Signed by Judge David D. Dowd, Jr on 6/4/2008. (M,De) (Entered: 06/04/2008)
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| 49 |
Filed: 6/4/2008, Entered: None |
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Memorandum Opinion and Order directing Plaintiff to file proper responses to Requests 44-46, 49-57, and 76-79 no later than Friday, June 13th, 2008. The delay in this case caused by the discovery dispute has necessitated a revision of the dispositive motion schedule and rescheduling of the trial date. Dispositive motions are now due on July 11, 2008, responses are due by August 1, 2008, and replies by August 15, 2008. The trial date is rescheduled on a standby basis for the two week period beginning November 3, 2008. A revised Trial Order will be separately published. Signed by Judge David D. Dowd, Jr on 6/4/2008. (M,De) (Entered: 06/04/2008)
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| 48 |
Filed: 4/16/2008, Entered: None |
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Old Reliable Wholesale's Reply to Cornell Corporation's Supplemental Discovery Position Statement filed by Old Reliable Wholesale, Inc.. Related document(s) 47 , 45 . (McCue, Shannon) (Entered: 04/16/2008)
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| 47 |
Filed: 4/16/2008, Entered: None |
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Order granting plaintiff Old Reliable Wholesale's Motion for leave to reply to defendant's supplemental position statement 45 . (Related Doc # 46 ). The Clerk will not automatically file the reply attached to plaintiff's motion. It is plaintiff's responsibility to file a clean copy now that the Court has granted leave. Signed by Judge David D. Dowd, Jr on 4/16/08. (M,De) (Entered: 04/16/2008)
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| 46 |
Filed: 4/15/2008, Entered: None |
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Motion for leave to file Reply filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. (Attachments: # 1 Pleading Reply to Cornell's Supplemental Position Statement)(McCue, Shannon) (Entered: 04/15/2008)
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| 45 |
Filed: 4/11/2008, Entered: None |
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Supplemental Discovery Position Statement filed by Cornell Corporation. Related document(s) 42 . (Attachments: # 1 Exhibit No. 1)(Schaap, Matthew) Modified docket text on 4/14/2008 (B,IE). (Entered: 04/11/2008)
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| Save 25% on a pre-paid one year subscription. |
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| 44 |
Filed: 4/4/2008, Entered: None |
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Order re 42 Letter filed by Cornell Corporation, and 43 Response, filed by Old Reliable Wholesale, Inc. The Court intends to resolve this discovery dispute based on the submissions requested from the parties. While unsure as to why Cornell did not provide its full analysis in response to the Court's Order 41 , Cornell is granted leave until April 11, 2008, to do so. Signed by Judge David D. Dowd, Jr on 4/3/08. (M,De) (Entered: 04/04/2008)
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| 43 |
Filed: 3/28/2008, Entered: None |
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Response to Cornell's Position on Discovery Dispute filed by Old Reliable Wholesale, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (McCue, Shannon) Modified text on 3/31/2008 (M,TL). (Entered: 03/28/2008)
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Request |
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| 42 |
Filed: 3/28/2008, Entered: None, Terminated: 4/4/2008 |
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Position Statement pursuant to Local Rule 37.1(a)(3) filed by Cornell Corporation. (Schaap, Matthew) Modified text on 3/31/2008 (M,TL). (Entered: 03/28/2008)
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Request |
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| 41 |
Filed: 3/12/2008, Entered: None |
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Order that the parties are granted leave until March 28, 2008, to submit in writing a description of the nature of the discovery dispute and their respective positions. All dates and deadlines previously established in the case are vacated, including the trial date. A revised case management plan will be established upon resolution of the discovery dispute. (Related document 40 ). Signed by Judge David D. Dowd, Jr on 3/12/08. (M,De) (Entered: 03/12/2008)
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Request |
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| 40 |
Filed: 3/11/2008, Entered: None |
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Letter Reqesting Telephone Conference Pursuant to Local Rule 37.1 (with Certificate of Service) filed by Cornell Corporation. (Schaap, Matthew) (Entered: 03/11/2008)
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Request |
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| 39 |
Filed: 12/26/2007, Entered: None |
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Trial Order scheduling case for trial on a standby basis for the two-week period beginning 9/8/2008. Final Joint Stipulation due 9/2/2008. Signed by Judge David D. Dowd, Jr on 12/21/2007. (M,De) (Entered: 12/26/2007)
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Request |
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| 38 |
Filed: 12/26/2007, Entered: None |
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Order setting Discovery cutoff as 3/7/2008. Defendant's expert report with respect to its defense of invalidity shall be served by January 18, 2008. Plaintiff shall have until February 15, 2008 to serve a rebuttal report, if any. Any depositions of experts must be completed by March 7, 2008. Summary judgment motions are due on March 28, 2008, with responses due on April 18, 2008 and replies, if any, due by May 1, 2008. Jury Trial set for 9/8/2008 at 8:30 a.m. on a standby basis before Judge David D. Dowd Jr. Signed by Judge David D. Dowd, Jr on 12/21/2007. (M,De) (Entered: 12/26/2007)
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Request |
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| 37 |
Filed: 12/14/2007, Entered: None |
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Memorandum Opinion and Order construing the patent claim terms (Related Doc # 30 , 31 ); the Markman hearing is cancelled and the court will instead hold a telephonic status conference on 12/21/2007 at 09:00 AM to discuss further proceedings, including motions on the merits, alternative dispute resolution, and a trial date; counsel for plaintiff shall arrange the call. Signed by Judge David D. Dowd, Jr on 12/14/2007. (Attachments: # 1 Patent drawings) (D,S) (Entered: 12/14/2007)
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Request |
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| 36 |
Filed: 12/11/2007, Entered: None |
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Surreply to 31 Cornell Corporation's Replay Markman Brief filed by Old Reliable Wholesale, Inc. (McCue, Shannon) Modified docket text and document relationship on 12/14/2007 (Baez, Ivonne). (Entered: 12/11/2007)
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Request |
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| 35 |
Filed: 12/10/2007, Entered: None |
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Motion for leave to file surreply filed by Plaintiff Old Reliable Wholesale, Inc., Counter-Defendant Old Reliable Wholesale, Inc.. (Attachments: # 1 Pleading Surreply)(McCue, Shannon) (Entered: 12/10/2007)
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Request |
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| 34 |
Filed: 12/5/2007, Entered: None |
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Affidavit/Declaration of Matthew J. Schaap filed by Cornell Corporation. Related document(s) 33 . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Schaap, Matthew) (Entered: 12/05/2007)
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Request |
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| 33 |
Filed: 12/5/2007, Entered: None |
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Answering Brief in Response to ORW Opening Claim Construction Brief (Related Document # 30 ) filed by Cornell Corporation. (Schaap, Matthew) Modified text and added link on 12/6/2007 (P, S) (Entered: 12/05/2007)
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Request |
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| 32 |
Filed: 12/5/2007, Entered: None |
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Response to Markman Brief filed by Old Reliable Wholesale, Inc. Related document(s) 30 , 31 . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McCue, Shannon) Modified document descriptions and docket entry relationships on 12/6/2007 (B,IE). Modified text on 12/6/2007 (P, S). (Entered: 12/05/2007)
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Request |
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| 31 |
Filed: 11/21/2007, Entered: None |
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Markman Brief (incorporating Appendix) filed by Cornell Corporation. (Skeriotis, John) (Entered: 11/21/2007)
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Request |
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| 30 |
Filed: 11/21/2007, Entered: None |
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Markman Brief filed by Old Reliable Wholesale, Inc.. (Attachments: # 1 Affidavit of R. Eric Gaum, # 2 Exhibit 1 to Gaum Declaration, # 3 Exhibit 2 to Gaum Declaration, # 4 Exhibit 3 to Gaum Declaration, # 5 Exhibit 4 to Gaum Declaration, # 6 Exhibit 5 to Gaum Declaration)(McCue, Shannon) (Entered: 11/21/2007)
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Request |
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| 29 |
Filed: 10/26/2007, Entered: None |
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Order approving the claim construction schedule jointly proposed by the parties. Signed by Judge David D. Dowd Jr. on 10/26/2007. (Attachments: # 1 Schedule) (D,S) (Entered: 10/26/2007)
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Request |
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| 28 |
Filed: 10/25/2007, Entered: None |
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Jointly Proposed Claim Construction Schedule filed by all parties. (McCue, Shannon) Modified text on 10/26/2007 (Baez, Ivonne). (Entered: 10/25/2007)
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Request |
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| 27 |
Filed: 7/23/2007, Entered: None |
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Attorney Appearance by Shannon V. McCue filed by Old Reliable Wholesale, Inc.. (McCue, Shannon) Modified text on 7/24/2007 (S, T). (Entered: 07/23/2007)
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Request |
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| 26 |
Filed: 6/27/2007, Entered: None |
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Stipulated Protective Order. Signed by Judge David D. Dowd Jr. on 6/26/2007.(M,De) (Entered: 06/27/2007)
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Request |
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| 25 |
Filed: 6/27/2007, Entered: None |
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Order re 24 Stipulation filed by Cornell Corporation and Old Reliable Wholesale, Inc. The Court has approved the Protective Order with an additional paragraph. Signed by Judge David D. Dowd Jr. on 6/26/2007.(M,De) (Entered: 06/27/2007)
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Request |
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| 24 |
Filed: 6/25/2007, Entered: None |
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Proposed stipulated protective order filed by Old Reliable Wholesale, Inc., Cornell Corporation. (Crooks, Walter) Modified text on 6/26/2007 (S, T). (Entered: 06/25/2007)
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Request |
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| 23 |
Filed: 5/1/2007, Entered: None |
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Case Management Conference Plan/Order placing case on Standard Track. Status Conference set for 10/19/2007 at 12:00 noon in Chambers 402 before Hon. David D. Dowd Jr. Discovery due by 10/12/2007. Signed by Judge David D. Dowd Jr. on 4/30/07.(M,De) (Entered: 05/01/2007)
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Request |
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| 22 |
Filed: 4/27/2007, Entered: None |
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Order regarding case management conference held on 4/27/07. All discovery and proceedings are stayed until 5/25/07. If case has not settled by then, fact discovery due by 10/12/2007. If experts will be used for Markman purposes, their reports to be served by 8/3/07 and after expert reports are completely exchanged, expert depositions may be conducted and completed by 10/12/07. Status Conference set for 10/19/2007 at 12:00 noon in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 4/27/07.(M,De) (Entered: 04/27/2007)
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Request |
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| 21 |
Filed: 4/26/2007, Entered: None |
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Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Cornell Corporation. (Schaap, Matthew) (Entered: 04/26/2007)
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Request |
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| 20 |
Filed: 4/26/2007, Entered: None |
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Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Old Reliable Wholesale, Inc.. (Gaum, Richard) (Entered: 04/26/2007)
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Request |
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| 19 |
Filed: 4/20/2007, Entered: None |
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Notice of Service of Cornell Corporation's Fed. R. Civ. P. 26(a)(1) Disclosures filed by Cornell Corporation. (Schaap, Matthew) (Entered: 04/20/2007)
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Request |
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| 18 |
Filed: 4/20/2007, Entered: None |
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Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b)(3). Parties do not consent to this case being assigned to the magistrate judge. filed by Old Reliable Wholesale, Inc., Cornell Corporation. (Gaum, Richard) (Entered: 04/20/2007)
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Request |
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| 17 |
Filed: 4/18/2007, Entered: None |
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Notice of Service of Old Reliable Wholesale Inc.'s Initial Disclosures filed by Old Reliable Wholesale, Inc.. (Gaum, Richard) (Entered: 04/18/2007)
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Request |
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| 16 |
Filed: 3/19/2007, Entered: None |
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Answer to Cornell Corporation's Counterclaims filed by Old Reliable Wholesale, Inc.. Related document(s) 8 . (Crooks, Walter) (Entered: 03/19/2007)
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Request |
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| 15 |
Filed: 3/13/2007, Entered: None |
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Order granting Motions for appearance pro hac vice by attorneys Gary L. Huusko, Matthew J. Schaap, and Robert B. Bauer for Cornell Corporation (Related Doc # 12 , 13 , 14 ). Signed by Judge David D. Dowd Jr. on 3/13/2007. (D,S) (Entered: 03/13/2007)
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Request |
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| 14 |
Filed: 3/9/2007, Entered: None |
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Motion for attorney Robert B. Bauer to Appear Pro Hac Vice Filing fee 100, receipt number 2369372. filed by Cornell Corporation. (Attachments: # 1 Exhibit A - Declaration of Robert B. Bauer)(Skeriotis, John) (Entered: 03/09/2007)
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Request |
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| 13 |
Filed: 3/9/2007, Entered: None |
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Motion for attorney Matthew J. Schaap to Appear Pro Hac Vice Filing fee 100, receipt number 2369356. filed by Cornell Corporation. (Attachments: # 1 Exhibit A - Declaration of Matthew J. Schaap)(Skeriotis, John) (Entered: 03/09/2007)
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Request |
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| 12 |
Filed: 3/9/2007, Entered: None |
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Motion for attorney Gary L. Huusko to Appear Pro Hac Vice Filing fee 100, receipt number 2369277. filed by Cornell Corporation. (Attachments: # 1 Exhibit A - Declaration of Gary L. Huusko)(Skeriotis, John) (Entered: 03/09/2007)
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Request |
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| 11 |
Filed: 3/6/2007, Entered: None |
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Corporate Disclosure Statement filed by Cornell Corporation. (Skeriotis, John) (Entered: 03/06/2007)
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Request |
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| 10 |
Filed: 3/6/2007, Entered: None |
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|
Case Management Conference Scheduling Order with case management conference to be held on 4/27/2007 at 9:00 a.m. in Chambers 402 before Judge Hon. David D. Dowd Jr., Signed by Judge David D. Dowd Jr. on 3/6/2007. (Attachments: # 1 Discovery Plan# 2 Rule 30.1# 3 Map)(M,De) (Entered: 03/06/2007)
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Request |
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| 9 |
Filed: 3/6/2007, Entered: None |
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|
Notice of Magistrate Consent form. (M,De) (Entered: 03/06/2007)
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Request |
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| 8 |
Filed: 3/5/2007, Entered: None |
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|
Answer to Complaint with Jury Demand (Related Doc # 1 ), Counterclaim against Old Reliable Wholesale, Inc. filed by Cornell Corporation. (Skeriotis, John) Modified text on 3/6/2007 (P, G). (Entered: 03/05/2007)
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Request |
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| 7 |
Filed: 2/16/2007, Entered: None |
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|
Motion for extension of time until March 5, 2007 to answer Complaint filed by Old Reliable Wholesale, Inc.. Related document(s) 6 . (Attachments: # 1 Proposed Order for Motion to Extend Time to Answer)(Crooks, Walter) (Entered: 02/16/2007)
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Request |
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| 6 |
Filed: 2/6/2007, Entered: None |
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|
Return of Service Executed upon Cornell Corporation by personal service on 1-30-07 filed by Old Reliable Wholesale, Inc. Related document(s) 1 . (Crooks, Walter) Modified text on 2/7/2007 (S, T). (Entered: 02/06/2007)
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Request |
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| 5 |
Filed: 2/1/2007, Entered: None |
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Order directing counsel for plaintiff to file documents or show cause by 2/12/2007, why case should not be dismissed for want of prosecution. Signed by Judge David D. Dowd Jr. on 2/1/2007. (M,De) (Entered: 02/01/2007)
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Request |
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| 4 |
Filed: 10/3/2006, Entered: None |
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Corporate Disclosure Statement filed by Old Reliable Wholesale, Inc.. (Gaum, Richard) (Entered: 10/03/2006)
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Request |
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| 3 |
Filed: 10/3/2006, Entered: None |
|
|
Summons and Magistrate Consent Form issued to counsel for service upon Cornell Corporation. (Attachments: # 1 Magistrate Consent Form) (R, N) (Entered: 10/03/2006)
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Request |
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| 2 |
Filed: 10/3/2006, Entered: None |
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Supplement to Complaint (Summons) filed by Old Reliable Wholesale, Inc.. Related document(s) 1 . (Gaum, Richard) (Entered: 10/03/2006)
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Request |
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| 1 |
Filed: 10/3/2006, Entered: None |
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Complaint with jury demand against Cornell Corporation (Filing fee of $350 paid; receipt number 2158257), filed by Old Reliable Wholesale, Inc.. (Attachments: # 1 Exhibit A to Complaint# 2 Exhibit B to Complaint# 3 Exhibit C to Complaint# 4 Civil Cover Sheet)(Gaum, Richard) Modified docket text on 10/3/2006 (R, N). (Entered: 10/03/2006)
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Request |
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