KNAUF INSULATION, LLC et al v. JOHNS MANVILLE CORPORATION, et al.
Defendant: JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC.
Counter Defendant: KNAUF INSULATION, LLC, KNAUF INSULATION GmbH and KNAUF INSULATION SPRL
Case Number: 1:2015cv00111
Filed: January 27, 2015
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Mark J Dinsmore
Referring Judge: William T Lawrence
2 Judge: Tanya Walton Pratt
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2021 Opinion or Order Filing 784 MOTION for Oral Argument Regarding Defendants' Objections to Magistrate Judge's Order Denying Defendants' Motion to Compel Discovery Regarding the Inventorship of the Asserted D670 Design Patent (Dkt. 747), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
November 5, 2021 Opinion or Order Filing 783 MOTION to Maintain Document Under Seal #782 SEALED Reply in support of Motion to Set Aside Order (Dkt. 747), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
November 5, 2021 Opinion or Order Filing 782 SEALED REPLY in support of Motion re #763 MOTION to Set Aside #747 SEALED Order (Case Participants - doc)Terminate Motions Denying Motion to Compel Discovery Regarding the Inventorship of the Asserted D670 Design Patent , filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
November 5, 2021 Opinion or Order Filing 781 COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (AKH)
November 5, 2021 Opinion or Order Filing 780 SCHEDULING ORDER - Markman Hearing has been set for 6/17/2022 at 9:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. (See Order). Signed by Judge Tanya Walton Pratt on 11/5/2021. (AKH)
November 4, 2021 Opinion or Order Filing 779 NOTICE of FILING of OFFICIAL TRANSCRIPT of Telephonic Status Conference held before Magistrate Judge Mark J. Dinsmore on 10/29/2021 (Moxley, David)
November 4, 2021 Opinion or Order Filing 778 TRANSCRIPT of Telephonic Status Conference held on 10/29/2021 before Magistrate Judge Mark J. Dinsmore. (10 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 416-1749). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 11/26/2021. Release of Transcript Restriction set for 2/2/2022. (Moxley, David)
October 29, 2021 Opinion or Order Filing 777 ORDER: SECOND AMENDED CASE MANAGEMENT ORDER. The Amended Case Management Order as amended (Dkts. #131 , #167 , #338 , #458 , #532 , #578 , #631 , #633 , #666 , & #692 ) is hereby further amended. Dispositive Motions due by 3/4/2022. Discovery due by 2/4/2022. SO ORDERED. *SEE ALL AMENDED DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 10/29/2021. (GD)
October 29, 2021 Opinion or Order Filing 776 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/29/2021. Parties discussed proposed Second Amended Case Management Order, which will be entered by separate order. Parties are ordered to file their next Supplemental Joint Discovery Status Report 11/15/2021 & on each twenty-eighth day thereafter, as set forth in Docket No. #140 at 2. Telephonic Status Conference set for 11/17/2021 at 5:00 PM (Eastern Time) to discuss parties' Supplemental Joint Discovery Status Report. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 11/2/2021 (replaced minute entry w/ corrected date) (GD). (Main Document 776 replaced on 11/2/2021) (GD).
October 29, 2021 Opinion or Order Filing 775 RESPONSE in Opposition re #763 MOTION to Set Aside #747 SEALED Order (Case Participants - doc)Terminate Motions Denying Motion to Compel Discovery Regarding the Inventorship of the Asserted D670 Design Patent , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 1350 - Excerpted for filing Plaintiffs' Responses to Defendants' Eighth Set of Rogs 34-44 (No. 37), #2 Exhibit 2328 - Excerpted for filing Plaintiffs' Responses to Defendants' Tenth Set of Rogs 47-65 (No. 60))(Hartz, Blake)
October 29, 2021 Opinion or Order Filing 774 Statement Authorizing Unsealing of Defendants' Memorandum (ECF No. 764) in Support of Defendants' Objections to Magistrate Judge Dinsmore's Order by All Plaintiffs. (Hartz, Blake)
October 25, 2021 Opinion or Order Filing 772 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/25/2021. Parties discussed possible revisions to case schedule. Telephonic Status Conference set for 10/29/2021 at 11:00 AM (Eastern Time) to further discuss revisions to case scheduled. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 22, 2021 Opinion or Order Filing 771 MOTION for Reconsideration re #749 Order on Motion for Reconsideration, #729 Order on Motion to Seal/Maintain Under Seal Document, #702 Order on Motion to Seal/Maintain Under Seal Document, #700 Order on Motion to Seal/Maintain Under Seal Document , filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Dkt. 675 REDACTED, #2 Dkt. 683 REDACTED, #3 Dkt. 683-1 REDACTED, #4 Dkt. 706 REDACTED, #5 Dkt. 706-1 UNREDACTED, #6 Dkt. 706-11 REDACTED, #7 Dkt. 706-12 REDACTED, #8 Dkt. 706-14 UNREDACTED, #9 Dkt. 706-16 REDACTED, #10 Dkt. 706-18 UNREDACTED, #11 Dkt. 706-19 UNREDACTED, #12 Dkt. 706-21 UNREDACTED, #13 Dkt. 706-22 UNREDACTED, #14 Dkt. 706-23 UNREDACTED, #15 Dkt. 706-24 UNREDACTED, #16 Dkt. 706-26 UNREDACTED, #17 Dkt. 706-27 UNREDACTED, #18 Dkt. 706-28 UNREDACTED, #19 Dkt. 706-29 UNREDACTED, #20 Dkt. 706-33 UNREDACTED, #21 Dkt. 706-34 UNREDACTED, #22 Dkt. 706-35 REDACTED, #23 Dkt. 706-37 UNREDACTED, #24 Dkt. 706-38 UNREDACTED, #25 Dkt. 718-1 REDACTED, #26 Text of Proposed Order)(Verhoeven, Charles)
October 22, 2021 Opinion or Order Filing 770 MOTION for Reconsideration re #697 Order on Motion to Seal/Maintain Under Seal Document , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order, #2 REDACTED JM Brief Dkt 656, #3 Exhibit Att. 1 to Lynch Decl. (Dkt 656-2) REDACTED, #4 Exhibit Att. 2 to Lynch Decl. (Dkt 656-3) REDACTED, #5 Exhibit Att. 3 to Lynch Decl. (Dkt 656-4) REDACTED, #6 Exhibit Att. 4 to Lynch Decl. (Dkt 656-5) REDACTED, #7 Exhibit Att. 5 to Lynch Decl. (Dkt 656-6) REDACTED, #8 Exhibit Att. 6 to Lynch Decl. (Dkt 656-7) REDACTED, #9 Exhibit Att. 7 to Lynch Decl. (Dkt 656-8) REDACTED, #10 Exhibit Att. 11 to Lynch Decl. (Dkt 656-12) REDACTED, #11 Exhibit Att. 12 to Lynch Decl. (Dkt 656-13) REDACTED, #12 Exhibit Att. 15 to Lynch Decl. (Dkt 656-16) REDACTED, #13 Exhibit Att. 21 to Lynch Decl. (Dkt 656-22) REDACTED, #14 Exhibit Att. 22 to Lynch Decl. (Dkt 656-23) REDACTED, #15 Exhibit Att. 23 to Lynch Decl. (Dkt 656-24) REDACTED, #16 Exhibit Att. 24 to Lynch Decl. (Dkt 656-25) REDACTED, #17 Exhibit Att. 25 to Lynch Decl. (Dkt 656-26) REDACTED)(Hartz, Blake)
October 21, 2021 Opinion or Order Filing 768 MOTION for Reconsideration re #699 Order on Motion to Seal/Maintain Under Seal Document , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1139 - Knauf Response to Interrog. 1 (ECF 670-10) REDACTED, #3 Exhibit 1321 - 2007 Email Chain (ECF 670-11) REDACTED, #4 Exhibit 2250 - Swift Depo Excerpts (ECF 670-14) REDACTED, #5 Exhibit 2253 - Jackson Depo Excerpts (ECF 670-17) REDACTED)(Hartz, Blake)
October 21, 2021 Opinion or Order Filing 767 Statement Authorizing Unsealing of Defendants' Reply in Support of Motion to Certify Order for Interlocutory Appeal (ECF No. 681) by All Plaintiffs. (Hartz, Blake)
October 18, 2021 Opinion or Order Filing 766 SCHEDULING ORDER: Telephonic Status Conference set for 10/25/2021 at 10:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status and reestablish case management deadlines. Signed by Magistrate Judge Mark J. Dinsmore on 10/18/2021. *SEE ORDER.* (GD)
October 15, 2021 Opinion or Order Filing 765 MOTION to Maintain Document Under Seal #764 SEALED Document (Case Participants - doc) Memorandum of Law in Support of Defendants' Objections to Magistrate Judge Dinsmore's Order Denying Defendants' Motion to Compel Discovery Regarding the Inventorship of the Asserted D670 Design Patent (Dkt. 747), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
October 15, 2021 Opinion or Order Filing 764 SEALED Memorandum of Law in Support of Defendants' Objections to Magistrate Judge Dinsmore's Order Denying Defendants' Motion to Compel Discovery Regarding the Inventorship of the Asserted D670 Design Patent (Dkt. 747), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
October 15, 2021 Opinion or Order Filing 763 APPEAL - Rule 72 of Magistrate Ruling re #747 SEALED Order (Case Participants - doc)Terminate Motions Denying Motion to Compel Discovery Regarding the Inventorship of the Asserted D670 Design Patent, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles) Modified on 10/18/2021 (AKH).
October 1, 2021 Opinion or Order Filing 762 ORDER - This matter is before the Court on Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order, (Filing No. #754 ). Having reviewed the parties' filings, the Motion is GRANTED and the Court reopens the case and lifts the stay. The parties shall confer and meet with the Magistrate Judge concerning the new case management order. Signed by Judge Tanya Walton Pratt on 10/1/2021. (AKH)
September 30, 2021 Opinion or Order Filing 761 NOTICE of Supplemental Authority, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, re #754 MOTION Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order. (Hartz, Blake)
September 15, 2021 Opinion or Order Filing 760 NOTICE of Supplemental Authority, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., re #754 MOTION Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order. (Attachments: #1 Exhibit 2327) (Verhoeven, Charles)
September 13, 2021 Opinion or Order Filing 759 ORDER granting #758 Motion to Withdraw Attorney Appearance. Attorney Andrew M. Pendexter WITHDRAWN. (See Order). Signed by Judge Tanya Walton Pratt on 9/14/2021. (AKH)
September 13, 2021 Opinion or Order Filing 758 MOTION to Withdraw Attorney Appearance , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Pendexter, Andrew)
September 7, 2021 Opinion or Order Filing 757 NOTICE of Supplemental Authority, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., re #754 MOTION Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order. (Attachments: #1 Exhibit 2326) (Verhoeven, Charles)
September 7, 2021 Opinion or Order Filing 756 REPLY in Support of Motion re #754 MOTION Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
September 1, 2021 Opinion or Order Filing 755 RESPONSE in Opposition re #754 MOTION Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order , filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Brice Lynch, #2 Exhibit 2316, #3 Exhibit 2317, #4 Exhibit 2318, #5 Exhibit 2319, #6 Exhibit 2320, #7 Exhibit 2321, #8 Exhibit 2322, #9 Exhibit 2323, #10 Exhibit 2324, #11 Exhibit 2325)(Verhoeven, Charles)
August 18, 2021 Opinion or Order Filing 754 MOTION Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion to Reopen Case, Lift Stay, and Amend Case Management Order, #2 Exhibit 1A '210 Reexam Certificate, #3 Exhibit Ex. 2A '089 Reexam Certificate, #4 Exhibit Ex. 22A '827 Reexam Certificate, #5 Exhibit Ex. 59A '207 Reexam Certificate, #6 Exhibit Ex. 60A '747 Reexam Certificate, #7 Exhibit Ex. 63A '287 Reexam Certificate, #8 Exhibit Ex. 71A '464 Reexam Certificate, #9 Text of Proposed Order)(Bereveskos, Spiro) Modified on 8/19/2021 - took out duplicate docket text (AKH).
July 22, 2021 Opinion or Order Filing 753 MARGINAL ENTRY - re #752 Notice of Withdrawal of Appearance, APPROVED. Attorney Tina T. Lo terminated. Signed by Judge Tanya Walton Pratt on 7/22/2021.(AKH)
July 21, 2021 Opinion or Order Filing 752 NOTICE of Withdrawal of Appearance by Tina T Lo on behalf of JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Lo, Tina)
June 28, 2021 Opinion or Order Filing 751 MARGINAL ENTRY - re #750 Status Report. ACKNOWLEDGED. The case remains procedurally closed. The parties shall move to reopen this case and lift the stay following the completion of the ex parte reexamination proceedings before the USPTO. Signed by Judge Tanya Walton Pratt on 6/28/2021.(AKH)
June 23, 2021 Opinion or Order Filing 750 STATUS REPORT (Joint Notice Regarding Status of Reexaminations) by All Plaintiffs. (Bereveskos, Spiro)
March 19, 2021 Opinion or Order Filing 749 ORDER granting in part and denying in part #738 Motion for Reconsideration. The Clerk is directed to UNSEAL Docket Nos. 706, 706-11, 706-12, 706-14, 706-16, 706-18, 706-19, 706-21, 706-22, 706-24, 706-26, 706-27, 706-28, 706-29, 706-33, 706-34, 706-35, 706-37, 706-38, 706-48, and 718-1.The Clerk is directed to PERMANENANTLY SEAL Docket Nos. 706-13, 706-15, 706-50, 714-2, and 714-4 (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 3/19/2021. (CBU)
March 19, 2021 Opinion or Order Filing 748 ORDER granting #743 MOTION to Clarify Case Management. The Markman hearing, final pretrial conference and trial date are VACATED. The Clerk is directed to procedurally close this matter. The parties may move to reopen this case and lift the stay following the completion of the ex parte reexamination proceedings before the United States Patent and Trademark Office. Signed by Magistrate Judge Mark J. Dinsmore on 3/19/2021.(CBU)
March 19, 2021 Opinion or Order Filing 747 SEALED Order-Order Denying #655 MOTION to Compel DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT. However, the Court finds that JM's position was substantially justified, although ultimately incorrect, especially in light of the fact that the Dyson case, while not binding precedent, provided strong support for that position. Accordingly, Knauf's request for attorney fees pursuant to Federal Rule of Civil Procedure 37(a)(5) is DENIED (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 3/19/2021.(CBU)
February 12, 2021 Opinion or Order Filing 746 NOTICE OF SUPPLEMENTAL AUTHORITY RELATED TO THE BRIEFING OF KNAUF'S MOTION TO CLARIFY CASE MANAGEMENT (DKT. 743), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., re #744 Response in Opposition to Motion. (Attachments: #1 Exhibit 2314 - 2/11/2021 Office Action Rejection for '210 Patent) (Verhoeven, Charles)
February 11, 2021 Opinion or Order Filing 745 REPLY in Support of Motion re #743 MOTION to Clarify Case Management , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
February 11, 2021 Opinion or Order Filing 744 RESPONSE in Opposition re #743 MOTION to Clarify Case Management , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
February 10, 2021 Opinion or Order Filing 743 MOTION to Clarify Case Management, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Bereveskos, Spiro)
January 29, 2021 Opinion or Order Filing 741 SCHEDULING ORDER - In light of the ongoing ex parte reexamination proceedings before the United States Patent and Trademark Office, which affects this litigation, as well as the rescheduling of the Markman hearing in this matter now set on July 23, 2021, the Court on its own motion vacates the final pretrial conference set for May 26, 2021, and the jury trial set for June 14, 2021. The final pretrial conference is reset on August 4, 2021, at 3:00 p.m., in Room 330, and the jury trial is reset on August 30, 2021 at 9:00 a.m., in Courtroom 344, Birch Bayh Federal Building and United States Courthouse in Indianapolis, Indiana.Signed by Judge Tanya Walton Pratt on 1/29/2021. (NAD)
January 27, 2021 Opinion or Order Filing 740 SCHEDULING ORDER - In light of the parties' January 26, 2021 Joint Notice Regarding Status of Reexaminations (Dkt. #739 ), the Court on its own motion vacates the Markman hearing currently set for February 26, 2021, at 9:00 a.m., and resets the Markman hearing on July 23, 2021, at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Exhibit and witness lists are due no later than July 9, 2021, two weeks before the scheduled Markman hearing. The parties shall again confer and file a joint notice regarding the status of the ex parte reexamination proceedings by no later than June 23, 2021, one month before the scheduled Markman hearing. Signed by Judge Tanya Walton Pratt on 1/27/2021. Copy to David D. Doak via US Mail (NAD)
January 26, 2021 Opinion or Order Filing 739 STATUS REPORT (JOINT NOTICE REGARDING STATUS OF REEXAMINATIONS) by All Plaintiffs. (Hartz, Blake)
January 14, 2021 Opinion or Order Filing 738 MOTION for Reconsideration re #737 Order on Motion to Seal/Maintain Under Seal Document , filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 REDACTION to Dkt. 706, #2 REDACTION to Dkt. 706-11, #3 REDACTION to Dkt. 706-12, #4 REDACTION to Dkt. 706-13, #5 REDACTION to Dkt. 706-14, #6 REDACTION to Dkt. 706-15, #7 REDACTION to Dkt. 706-16, #8 REDACTION to Dkt. 706-18, #9 REDACTION to Dkt. 706-19, #10 UNREDACTED Dkt. 706-21, #11 UNREDACTED Dkt. 706-22, #12 UNREDACTED Dkt. 706-23, #13 REDACTION to Dkt. 706-24, #14 REDACTION to Dkt. 706-26, #15 REDACTION to Dkt. 706-27, #16 REDACTION to Dkt. 706-28, #17 REDACTION to Dkt. 706-29, #18 REDACTION to Dkt. 706-33, #19 REDACTION to Dkt. 706-34, #20 REDACTION to Dkt. 706-35, #21 REDACTION to Dkt. 706-37, #22 REDACTION to Dkt. 706-38, #23 REDACTION to Dkt. 706-50, #24 REDACTION to Dkt. 714-2, #25 REDACTION to Dkt. 714-4, #26 REDACTION to Dkt. 718-1, #27 Text of Proposed Order)(Verhoeven, Charles)
January 11, 2021 Opinion or Order Filing 737 ORDER ON MOTIONS TO SEAL - On November 10, 2020, the Court issued a ruling on several motions to seal. [Dkt. #729 .] In its ruling, the Court took four of the motions. #707 ; Dkt. #712 ; Dkt. #715 ; and Dkt. #719 under advisement and required Defendants (SEE ORDER). Defendants' Motion to Seal [Dkt. #712 ] is GRANTED IN ART and the Clerk is directed to PERMANENTLY SEAL Docket No. 709-24. For the remaining documents, however, Defendants have not filed redacted versions and accordingly have failed to comply with the Court's order. Therefore, [Dkt. #707 , Dkt. #715 ; and Dkt. #719 ] are DENIED IN PART. Having found no cause to unseal Docket No. 709-3, the Court finds good cause to PERMANETLY SEAL Docket No. 731 and GRANTS Defendants' Motion to Seal [Dkt. #733 .] - See Order for documents to remain sealed, documents to unseal and additional information. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 1/11/2021. (SWM)
December 8, 2020 Opinion or Order Filing 736 Submission of Proposed Order Denying JM's Motion to Seal (Dkt. 733), re #733 MOTION to Maintain Document Under Seal #731 SEALED Response to Motion , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
November 18, 2020 Opinion or Order Filing 735 BRIEF/MEMORANDUM in Support re #733 MOTION to Maintain Document Under Seal #731 SEALED Response to Motion , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
November 18, 2020 Opinion or Order Filing 734 REPLY in Support of Motion re #725 MOTION TO SEAL EXHIBIT 828, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
November 11, 2020 Opinion or Order Filing 733 MOTION to Maintain Document Under Seal #731 SEALED Response to Motion , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
November 11, 2020 Opinion or Order Filing 732 RESPONSE in Opposition TO KNAUF'S MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO SEAL EXHIBIT 828 (DKT. 725) OR, ALTERNATIVELY, MOTION FOR RECONSIDERATION OF THE COURT'S ORDER SEALING EXHIBIT NO. 828 (DKT. 729) [REDACTED], filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 2314 - 287 Reexam Rejection)(Verhoeven, Charles)
November 11, 2020 Opinion or Order Filing 731 *** SEALED PER DOCKET #737 *** SEALED RESPONSE TO KNAUF'S MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO SEAL EXHIBIT 828 (DKT. 725) OR, ALTERNATIVELY, MOTION FOR RECONSIDERATION OF THE COURT'S ORDER SEALING EXHIBIT NO. 828 (DKT. 729), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles) Modified on 1/12/2021 (SWM).
November 10, 2020 Opinion or Order Filing 730 REDACTION to #709 SEALED Response to Motion (ECF No. 709-24 Exhibit 2305 Amended Redaction) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
November 10, 2020 Opinion or Order Filing 729 ORDER ON MOTIONS TO SEAL - Plaintiffs' Motions to Seal [Dkt. #707 , #712 #715 ] are GRANTED IN PART AND DENIED IN PART. Defendants' Motions to Seal [Dkt. #680 , #724 ] are GRANTED and [Dkt. #719 ] is GRANTED IN PART. In addition, part of Docket Nos. 707, 715, 719 are taken UNDER ADVISEMENT. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. See Order for documents to unseal, documents to permanently seal and additional information. Signed by Magistrate Judge Mark J. Dinsmore on 11/9//2020. (SWM)
November 6, 2020 Opinion or Order Filing 728 SCHEDULING ORDER - In light of the parties' October 30, 2020 Joint Notice Regarding Status of Reexaminations (Dkt. #727 ), the Court on its own motion vacates the Markman hearing currently set for December 4, 2020 at 9:00 a.m., and resets the Markman hearing on Friday, February 26, 2021 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Exhibit and witness lists are due no later than February 12, 2021. The parties shall again confer and file a joint notice regarding the status of the ex parte reexamination proceedings by no later than January 26, 2021. Copy to Counsel Doak via US Mail. Signed by Judge Tanya Walton Pratt on 11/6/2020.(NAD)
October 30, 2020 Opinion or Order Filing 727 STATUS REPORT (JOINT NOTICE REGARDING STATUS OF REEXAMINATIONS) by All Plaintiffs. (Hartz, Blake)
October 28, 2020 Opinion or Order Filing 726 REDACTION to #709 SEALED Response to Motion to Declassify (Sealed) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 814 (Redacted - ECF No. 709-1), #2 Exhibit 828 (Redacted - ECF No. 709-3), #3 Exhibit 2303 (Redacted - ECF No. 709-22), #4 Exhibit 2304 (Redacted - ECF No. 709-23), #5 Exhibit 2305 (Redacted - ECF No. 709-24), #6 Exhibit 2307 (Redacted - ECF No. 709-26))(Hartz, Blake)
October 28, 2020 Opinion or Order Filing 725 BRIEF/MEMORANDUM in Support re #712 MOTION to Maintain Document Under Seal #709 SEALED Response to Motion to Declassify , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake) Modified on 10/29/2020 - edited for administrative purposes(NAD).
September 22, 2020 Opinion or Order Filing 724 MOTION to Maintain Document Under Seal #723 SEALED Order (Case Participants - doc)Terminate Motions , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Brief in Support of Motion to Seal, #2 Proposed Redacted Order on Motion to Declassify)(Verhoeven, Charles)
September 8, 2020 Opinion or Order Filing 723 SEALED ORDER ON MOTION TO DECLASSIFY - This matter is before the Court on Plaintiffs' Motion to Declassify and Authorize PTO Use. [Dkt. #706 .] For the reasons and to the extent set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. The Court also GRANTS Defendants' related motion to stay. [Dkt. #713 .] Given the confidential information discussed herein, the Court has issued this Order under seal. If JM wishes for portions of the Order to remain under seal, it shall file a proposed public redacted version of the Order and a motion to maintain the order under seal within fourteen days of the date of this Order. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 9/8/2020.(SWM)
September 8, 2020 Opinion or Order Filing 722 BRIEF/MEMORANDUM in Support re #715 MOTION to Maintain Document Under Seal #714 SEALED Reply in support of Motion , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 2313)(Verhoeven, Charles)
September 4, 2020 Opinion or Order Filing 721 RESPONSE in Opposition re #713 MOTION to Stay re #706 SEALED MOTION to Declassify DEFENDANTS CONDITIONAL MOTION FOR A STAY PENDING OBJECTIONS TO RULING ON PLAINTIFFS MOTION TO DECLASSIFY , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
September 1, 2020 Opinion or Order Filing 720 Surreply re #706 SEALED MOTION to Declassify Public Version of JM Sur-Reply and Supporting Documents, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 633, #2 Exhibit 634, #3 Envelope 2312, #4 Redacted Supplemental Declaration of Mark Charbonneau)(Verhoeven, Charles)
September 1, 2020 Opinion or Order Filing 719 MOTION to Maintain Document Under Seal #718 SEALED Response to Motion , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Brief in Support of Motion to Seal, #2 Proposed Order)(Verhoeven, Charles)
September 1, 2020 Opinion or Order Filing 718 *** SEE DKT. NUMBER #718 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED SURREPLY re #706 Plaintiffs' SEALED MOTION to Declassify , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Attachments: #1 Exhibit 2311, #2 Supplemental Declaration of Mark Mark Charbonneau)(Verhoeven, Charles) Modified on 9/2/2020 - edited text to match title of document(NAD). Modified on 11/10/2020 (SWM).
August 31, 2020 Opinion or Order Filing 717 BRIEF/MEMORANDUM in Support re #707 MOTION to Maintain Document Under Seal #706 SEALED MOTION to Declassify , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 2310)(Verhoeven, Charles)
August 27, 2020 Opinion or Order Filing 716 ORDER - The Court has determined that additional briefing on the issues presented in Plaintiffs' motion to declassify [Dkt. #706 ] would be useful. Accordingly, by no later than Tuesday, September 1, 2020, Defendants shall file a surreply that responds to the specific arguments made in Plaintiffs' reply brief, including, but not limited to, the additional redactions suggested by Plaintiffs. Signed by Magistrate Judge Mark J. Dinsmore on 8/27/2020.(SWM)
August 24, 2020 Opinion or Order Filing 715 MOTION to Maintain Document Under Seal #714 SEALED Reply in support of Motion , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
August 24, 2020 Opinion or Order Filing 714 *** SEE DKT. #729 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED REPLY in support of Motion re #706 SEALED MOTION to Declassify , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 658 - U.S. Pub. No. 2013/0327250 A1, #2 Exhibit 892R-2 - Second Redaction to Corporate Research & Development Weekly Report JMIN 00060151 to 00060194, #3 Exhibit 2278R - Redaction to Plaintiffs Responses to Defendants Interrogatory No. 5 Fifth Supplementation (June 25, 2020), #4 Exhibit 2290R - Redactions to Excerpts of Exhibit 1470 Georgene Bauer Johns Manville Lab Notebook, #5 Exhibit 2308 - Email from Lance Wang re declassification, #6 Exhibit 2309 - U.S. Pub. No. 2020/0140655 A1)(Hartz, Blake) Modified on 11/10/2020 (SWM). Modified on 3/11/2021 (SWM).
August 21, 2020 Opinion or Order Filing 713 MOTION to Stay re #706 SEALED MOTION to Declassify DEFENDANTS CONDITIONAL MOTION FOR A STAY PENDING OBJECTIONS TO RULING ON PLAINTIFFS MOTION TO DECLASSIFY, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Proposed Order)(Verhoeven, Charles)
August 21, 2020 Opinion or Order Filing 712 MOTION to Maintain Document Under Seal #709 SEALED Response to Motion to Declassify, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
August 20, 2020 Opinion or Order Filing 711 DECLARATION of Mark Charbonneau In Support Of re #709 SEALED Response to Motion by All Defendants. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9, #10 Attachment 10, #11 Attachment 11, #12 Attachment 12)(Verhoeven, Charles)
August 20, 2020 Opinion or Order Filing 710 DECLARATION of Sabine Schmidy In Support Of re #709 SEALED Response to Motion by All Defendants. (Verhoeven, Charles)
August 20, 2020 Opinion or Order Filing 709 *** SEE DKT. #729 and #737 *** FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED RESPONSE re #706 SEALED MOTION to Declassify , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 814, #2 Exhibit 815, #3 Exhibit 828, #4 Exhibit 922, #5 Exhibit 923, #6 Exhibit 924, #7 Exhibit 925, #8 Exhibit 926, #9 Exhibit 984, #10 Exhibit 985, #11 Exhibit 2291, #12 Exhibit 2292, #13 Exhibit 2293, #14 Exhibit 2294, #15 Exhibit 2295, #16 Exhibit 2296, #17 Exhibit 2297, #18 Exhibit 2299, #19 Exhibit 2300, #20 Exhibit 2301, #21 Exhibit 2302, #22 Exhibit 2303, #23 Exhibit 2304, # *** PERMANENTLY Sealed PERT DKT #737 *** (24) Exhibit 2305, #25 Exhibit 2306, #26 Exhibit 2307, #27 Exhibit 2298)(Verhoeven, Charles) Modified on 11/10/2020 (SWM). Modified on 1/12/2021 (SWM). Modified on 1/12/2021 (SWM). Modified on 3/11/2021 (SWM).
August 19, 2020 Opinion or Order Filing 708 ORDER: This matter comes before the Court on #703 Defendants' Motion for Extension of Time to Oppose Knauf's Motion to Declassify Documents. The Court notes that Plaintiffs' motion to Declassify only addresses 49 documents, which is less than four documents for each of the multiple attorneys who have appeared for Defendants in this matter. The Court is confident in Defendants' ability to respond within the time period originally provided. Accordingly, Defendants' motion is DENIED. Signed by Magistrate Judge Mark J. Dinsmore on 8/19/2020. (GD)
August 17, 2020 Opinion or Order Filing 707 MOTION to Maintain Document Under Seal #706 SEALED MOTION to Declassify , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
August 17, 2020 Opinion or Order Filing 706 *** SEE DKT. #729 and #737 FOR DOCUMENTS TO REMAIN SEALED AND DCOUMENTS TO UNSEAL *** SEALED MOTION to Declassify, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 575Knauf FF Binder Chemistry Maillard Reaction, Kia Alavi, November 20, 2008, JMIN 00073633 to 00073643, #3 Exhibit 576Knauf ECOSE-Bonded Product, Product Evaluation JMIN 00296561 to 00296566, #4 Exhibit 578E-mail and Attachment, Subject: Presentation, dated May 5, 2011 JMIN 00152041 to 00152058, #5 Exhibit 644E-mail Chain, Subject: Knauf Formaldehyde Free, dated September 30, 2008 JMIN 00044406 to 00044407, #6 Exhibit 646E-mail and Attachment, Subject: Knauf patents, dated January 24, 2012 JMIN 00139593 to 00139595 and JMIN 00139653 to 00139657, #7 Exhibit 711RE-mail Chain, Subject: Updated: Discussion of trial Gen 4.5 in INN this yr, dated September 8, 2010, to September 10, 2010, #8 Exhibit 772-1Color Photographs JMIN 03725820 to 03725856, #9 Exhibit 772-2Color Photographs JMIN 03725857 to 03725889, #10 Exhibit 786RSales Product Review, November 12 and 13, 2013 JMIN 01805600 to 01805614, #11 Exhibit 798RAlternative Binder Technology: Cleburne Assets, January 16, 2012, IS Review JMIN 00330769 to 00330794, #12 Exhibit 879RGen IV (Non-Acrylic) FF Binder, Kia Alavi, October 25, 2007 JMIN 00506268 to 00506277, #13 Exhibit 892RCorporate Research & Development Weekly Report, Week Ending December 5, 2008 JMIN 00060151 to 00060194, #14 Exhibit 1099E-mail to Reed Larson from Rick Packard, 11/20/08, with attachment, Bates JMIN 01389045 to -9052, #15 Exhibit 1200ECOBATT R-15 Chemical Analyses (updated 12/4/08_) Bates JMIN 00010069, #16 Exhibit 1201E-mail to Reed Larson from Richard Clark, 12/8/08, Bates JMIN 01389039, #17 Exhibit 1214Knauf Insulation Product Audit, March 20, 2012, Bates JMIN 00010075 to -121, #18 Appendix 1483Memo Report, Knauf Patent Mixture and Knauf Products, 7/15/10, Bates document JMIN 00156044-6080, #19 Exhibit 1486Memo Report, Gen 4.5 Development, 7/13/10, Bates document JMIN 01833420-3421, #20 Exhibit 1611RE-mail to Tim Swales from Jawed Asrar, 1/10/13, JMIN_00053344, #21 Exhibit 1636Final Draft Report Search for Formaldehyde-free Fiberglass Binders, 10/20/04, JMIN_00231519, #22 Exhibit 1644Johns Manville PowerPoint, Formaldehyde-Free Binders, JMIN_00282892, #23 Exhibit 1665E-mail to Jawed Asrar to Kia Alavi, 10/1/04, JMIN_00282891, #24 Exhibit 2008RE-mail to Kurt Lintelmann from Monroe Shumate, 8/17/10, Bates documents JMIN-2981299 to 1300, #25 Exhibit 2265Excerpts from Urna Lester Johns Manville Lab Notebook 7189 JMIN 00010371-10372, 10379-10380, #26 Exhibit 2266E-mail to Richard James Clark from Kia Alavi, 2/16/15, Bates document JMIN 00192408, #27 Exhibit 2267E-mail to Jawed Asrar from Tim Swales, 1/30/15, JMIN 00192375, #28 Exhibit 2268E-mail to Kelly Sandin from Phil Miele, 2/4/15, Bates document JMIN 00366260-6261, #29 Exhibit 2271E-mail to Mandy Schweitzer from Kia Alavi, 7/17/17, JMIN 00083103, #30 Exhibit 2272Defendants Objections and Responses to Plaintiffs Sixth Set of Interrogatories (Nos. 71-73, 75-76), #31 Exhibit 2273Binder Processing, JMIN 00016757, #32 Exhibit 2274Letter to Laura Fisher from Adam Willett, 2/22/16, JMIN 00017696, #33 Exhibit 2275E-mail to Jawed Asrar from Phil Miele, 12/18/13, JMIN 00175962, #34 Exhibit 2276Defendants Supplemental Objections and Responses to Plaintiffs Third Requests for Admission (Nos. 17-18), 4/30/20, #35 Exhibit 2277Plaintiffs Responses to Defendants Third Set of Interrogatories (No. 14) Seventh Supplement, 3/13/20, #36 Exhibit 2278Plaintiffs Responses to Defendants Interrogatory No. 5 Fifth Supplementation (June 25, 2020), #37 Exhibit 2279E-mail to Leonardo Alvarez from Kia Alavi, 3/28/12, JMIN 00159342-9343, #38 Exhibit 2280Memo Report, Resins by Pyro/GC/MS, 7/16/11, JMIN 00165880-5884, #39 Exhibit 2281Redacted Excerpts of Financial Documents JMIN 03745635 and JMIN 03745636, #40 Exhibit 2282Excerpts of deposition transcript of Kiarash Alavi, 8/29/19, #41 Exhibit 2283Excerpts of deposition transcript of Uranchimeg Lester, 8/14/19, #42 Exhibit 2284Excerpts of deposition transcript of JM 30(b)(6), Kiarash Alavi, 6/19/20, #43 Exhibit 2285Excerpts of deposition transcript of James William Cottier, 9/11/19, #44 Exhibit 2286Excerpts of deposition transcript of Georgene Bauer, 6/2/20, #45 Exhibit 2287Excerpts of deposition transcript of Jawed Asrar, 6/5/20, #46 Exhibit 2288Defendants April 25, 2019 Supplemental Responses to Plaintiffs Sixth Set of Interrogatories (No. 62), 4/25/19, #47 Exhibit 2289Defendants Objections and Responses to Plaintiffs Sixth Set of Interrogatories (Nos. 41-85), 3/22/19, #48 Exhibit 2290Excerpts of Exhibit 1470 Georgene Bauer Johns Manville Lab Notebook 7082 Bates document JMIN 03745208-5285, #49 Exhibit 2269The Johns Manville News, JM Introduces Bio-Based, Formaldehyde-Free Binder, 5/13, JMIN 00010157-10160, #50 Exhibit 2270Non Acrylic Formaldehyde Free Binder Development (Asrar / Alavi), JMIN 00071360)(Hartz, Blake) Modified on 11/10/2020 (SWM). Modified on 1/12/2021 (SWM). Modified on 3/11/2021 (SWM). (Attachment 43 replaced on 5/18/2021) (JD).
August 17, 2020 Opinion or Order Filing 705 RESPONSE in Opposition re #703 MOTION for Extension of Time to 8/27/2020 TO OPPOSE KNAUFS MOTION TO DECLASSIFY DOCUMENTS , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
August 14, 2020 Opinion or Order Filing 704 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 8/13/2020. At Defendants' request, on July 24, 2020, this matter was stayed pending the resolution of ex parte reexamination proceedings before the United States Patent and Trademark Office ("PTO") #694 . Plaintiffs requested this conference to address their ability to offer documents produced by Defendants pursuant to the protective order in this matter in the PTO proceeding. The Court's prior orders make clear that documents produced in this matter pursuant to the protective order may be used in related proceedings before the PTO, and as demonstrated by Defendants' motion to stay, the current ex parte reexamination proceedings are clearly related to this case. ( #84 at 6-7 & #85 at 4, 9-10.) Knauf seeks leave, notwithstanding the stay, to file a motion seeking redesignation of certain documents produced by Defendants under the protective order. Plaintiffs are directed to file any such motion on or before August 17, 2020; Defendants shall respond to any such motion on or before August 20, 2020, and Plaintiffs shall file any reply in support of the motion by no later than August 24, 2020. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 14, 2020 Opinion or Order Filing 703 MOTION for Extension of Time to 8/27/2020 TO OPPOSE KNAUFS #403 MOTION TO DECLASSIFY DOCUMENTS, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Memo In Support Of Motion to Extend Time, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Verhoeven, Charles) Modified on 8/17/2020 - added link to #403 (NAD).
August 6, 2020 Opinion or Order Filing 702 ORDER ON MOTIONS TO MAINTAIN DOCUMENT UNDER SEAL - The Court DENIES WITHOUT PREJUDICE Defendants' Motion [Dkt. #682 ]; within 21 days of the stay being lifted, Plaintiffs are ordered to file the appropriate brief and the redacted version of the document. The Clerk is directed to maintain under seal Docket No. #681 until further order of the Court. The Court DENIES WITHOUT PREJUDICE Plaintiffs' Motion [Dkt. #686 ]; the parties shall have 21 days after the stay is lifted to file the appropriate brief and redacted versions of these documents. The Clerk is directed to maintain under seal Docket Nos. 683 and 683-1 until further order of the Court. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 8/6/2020. (SWM)
August 4, 2020 Opinion or Order Filing 701 ORDER denying Defendants' #678 Motion to Maintain Document Under Seal. See Order for documents to unseal. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days following the lifting of the stay of this matter [Dkt. #694 ] absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 8/4/2020. (SWM)
July 24, 2020 Opinion or Order Filing 700 ORDER denying Defendants' #676 Motion to Maintain Document Under Seal. The Clerk is directed to UNSEAL Docket No. 675. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days following the lifting of the stay of this matter [Dkt. #694 ] absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2020. (SWM)
July 24, 2020 Opinion or Order Filing 699 ORDER granting in part and denying in part Plaintiffs' #671 Motion to Maintain Document Under Seal. The Clerk is directed to permanently SEAL Docket No. 670. The Clerk is directed to UNSEAL Docket Nos. 670-10, 670-11, 670-14, and 670-17. 3 Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days following the lifting of the stay of this matter [Dkt. #694 ] absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2020. (SWM) Modified on 7/27/2020 (SWM).
July 24, 2020 Opinion or Order Filing 698 ORDER granting Plaintiffs' #662 Motion to Maintain Document Under Seal. The Clerk is directed to permanently SEAL Docket No. 660. Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2020. (SWM)
July 24, 2020 Opinion or Order Filing 697 ORDER denying Defendants' #657 Motion to Maintain Document Under Seal. the Clerk is directed to UNSEAL Docket Nos. 656 and 656-1 through 656-27. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days following the lifting of the stay of this matter [Dkt. #694 ] absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2020. (SWM)
July 24, 2020 Opinion or Order Filing 696 ORDER granting Defendants' #653 Motion to Maintain Document Under Seal. The Clerk is directed to permanently SEAL Docket No. 652. Signed by Magistrate Judge Mark J. Dinsmore on 7/23/2020. (SWM)
July 24, 2020 Opinion or Order Filing 695 ORDER granting Plaintiff Knauf's #647 Motion to Maintain Document Under Seal. The Clerk is directed to permanently SEAL Docket Nos. 646-1 and 646-2. Docket No. 646, a cover sheet, was also filed under seal. No party seeks to seal that document and the Court finds that Docket No. 646 does not contain any confidential information; accordingly, the Clerk is directed to UNSEAL Docket No. 646. Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2020. (SWM)
July 24, 2020 Opinion or Order Filing 694 ENTRY ON DEFENDANTS' MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND MOTION TO STAY CASE. The Defendants' Motion to Certify Order for Interlocutory Appeal, (Filing No. #664 ), is DENIED and the Motion to Stay Case, (Filing No. #674 ), is GRANTED. This case is stayed during the pendency of the ex parte reexamination proceedings before the PTO or until otherwise lifted by the Court. The parties shall confer and file a joint notice regarding the status of the ex parte reexamination proceedings by no later than October 31, 2020. (See Order). Signed by Judge Tanya Walton Pratt on 7/24/2020. (MAC)
July 22, 2020 Opinion or Order Filing 693 REPLY in Support of Motion re #674 MOTION to Stay , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Lo, #2 Exhibit 2264)(Verhoeven, Charles)
July 21, 2020 Opinion or Order Filing 692 ORDER granting #691 Motion FOR ONE WEEK EXTENSION OF DEADLINE FOR D670 PATENT LIABILITY EXPERT REPORTS - SEE ORDER. Signed by Judge Tanya Walton Pratt on 7/21/2020. (JRB)
July 20, 2020 Opinion or Order Filing 691 Joint MOTION FOR ONE WEEK EXTENSION OF DEADLINE FOR D670 PATENT LIABILITY EXPERT REPORTS, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Proposed Order)(Verhoeven, Charles)
July 20, 2020 Opinion or Order Filing 690 REDACTION to #677 SEALED Reply in support of Motion to Compel Discovery Responses Regarding Inventorship of the D'670 Patent by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 29 - Swift Deposition Excerpts)(Clark, Briana)
July 20, 2020 Opinion or Order Filing 689 BRIEF/MEMORANDUM in Support re #682 MOTION to Maintain Document Under Seal #677 REPLY in support of Motion re #655 MOTION to Compel filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana) Modified on 7/24/2020 (TRG).
July 15, 2020 Opinion or Order Filing 688 ENTRY REGARDING MOTION TO STAY - The Court takes note of the Motion to Stay Case filed by Defendants in this matter. [Dkt. #674 .] The parties are reminded that a case is not stayed by the filing of such a motion, and that all deadlines in this matter remain in full force and effect unless and until Defendants' motion to stay is granted. Signed by Magistrate Judge Mark J. Dinsmore on 7/15/2020.(SWM) Modified on 8/6/2020 (GD).
July 15, 2020 Opinion or Order Filing 687 BRIEF/MEMORANDUM in Support re #686 MOTION to Maintain Document Under Seal #683 SEALED Document (Case Participants - doc) Response in Opposition to Motion to Stay and Exhibit 1 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
July 15, 2020 Opinion or Order Filing 686 MOTION to Maintain Document Under Seal #683 SEALED Document (Case Participants - doc) Response in Opposition to Motion to Stay and Exhibit 1, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
July 15, 2020 Opinion or Order Filing 685 REDACTION to #683 SEALED Document (Case Participants - doc) Response in Opposition to Motion to Stay by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
July 15, 2020 Opinion or Order Filing 684 EXHIBIT re #683 SEALED Document (Case Participants - doc) 2 - Ltr from Yang to Hartz re AEO Material by All Plaintiffs. (Clark, Briana)
July 15, 2020 Opinion or Order Filing 683 *** SEALED PER DKT. #702 *** SEALED Response in Opposition, re #674 Motion to Stay, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 1 - Knauf's Response to Interrogatory No. 5)(Clark, Briana) Modified on 8/7/2020 (SWM).
July 14, 2020 Opinion or Order Filing 682 MOTION to Maintain Document Under Seal #681 SEALED Reply in support of Motion TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Proposed Order)(Verhoeven, Charles)
July 14, 2020 Opinion or Order Filing 681 *** SEALED PER DKT. #702 *** SEALED REPLY in support of Motion re #664 MOTION for Leave to Appeal Defendants' Motion to Certify Order for Interlocutory Appeal , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles) Modified on 8/7/2020 (SWM).
July 9, 2020 Opinion or Order Filing 680 MOTION to Maintain Document Under Seal #652 SEALED Response to Motion, #668 SEALED Order (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Memorandum in support of Motion to Seal, #2 Proposed Redacted Order, #3 Proposed Redacted Touslee Declaration, #4 Proposed Redacted Exhibit 2, #5 Proposed Order)(Baily, Melissa)
July 7, 2020 Opinion or Order Filing 679 RESPONSE in Opposition re #664 MOTION for Leave to Appeal Defendants' Motion to Certify Order for Interlocutory Appeal , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit A - Excerpts from Farmer Dep., #2 Exhibit B - Align Tech II Case)(Clark, Briana)
July 6, 2020 Opinion or Order Filing 678 MOTION to Maintain Document Under Seal #677 SEALED Reply in support of Motion To Compel Discovery Responses Regarding Inventorship of the D'670 Patent, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Baily, Melissa)
July 6, 2020 Opinion or Order Filing 677 *** SEE DKT. 701 FOR DOCUMENTS TO UNSEAL AND DOCUMENTS TO REMAIN SEALED *** SEALED REPLY in support of Motion re #655 MOTION to Compel DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Lynch Declaration, #2 Attachment 27, #3 Attachment 28, #4 Attachment 29)(Baily, Melissa) Modified on 8/19/2020 (SWM).
July 1, 2020 Opinion or Order Filing 676 MOTION to Maintain Document Under Seal #675 SEALED Document (Case Participants - doc) Exhibit 2257 (JM's Response to Interrogatory No. 4), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Text of Proposed Order)(Verhoeven, Charles)
July 1, 2020 Opinion or Order Filing 675 *** UNSEALED PER DKT. #700 *** SEALED Exhibit 2257 (JM's Response to Interrogatory No. 4), re #674 Motion to Stay, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles) Modified on 8/19/2020 (SWM).
July 1, 2020 Opinion or Order Filing 674 MOTION to Stay , filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Brief in Support of Motion to Stay, #2 Affidavit of Catherine R. Lacey, #3 Exhibit 2256 (Ex Parte Reexam Stats), #4 Exhibit 2258 (IPR Institution Decision), #5 Exhibit 2259 (Excerpts 210 File History), #6 Exhibit 2260 (Excerpts Reexam File History), #7 Exhibit 2261 (207 Reexam Request), #8 Exhibit 2262 (287 Reexam Request), #9 Exhibit 2263 (464 Reexam Request), #10 Text of Proposed Order)(Verhoeven, Charles)
June 26, 2020 Opinion or Order Filing 673 REDACTION to #670 SEALED Response to Motion by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
June 26, 2020 Opinion or Order Filing 672 BRIEF/MEMORANDUM in Support re #671 MOTION to Maintain Document Under Seal #670 SEALED Response to Motion to Compel , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
June 26, 2020 Opinion or Order Filing 671 MOTION to Maintain Document Under Seal #670 SEALED Response to Motion to Compel, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
June 26, 2020 Opinion or Order Filing 670 *** SEE DKT. NUMBER 699 FOR DOCUMENTS TO PERMANENTLY SEAL AND DOCUMENTS TO UNSEAL *** SEALED RESPONSE re #655 MOTION to Compel DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit #126-IPR Final Decision, #2 Exhibit #138-Appley Declaration, #3 Exhibit #977-Knauf Response to Interrog. No. 25, #4 Exhibit #978-Photograph, #5 Exhibit #979-Photograph, #6 Exhibit #980-Photograph, #7 Exhibit #981-Photograph, #8 Exhibit #982-Photograph, #9 Exhibit #983-Request for Certificate of Correction, #10 Exhibit 1139-Knauf Response to Interrog. No. 1, #11 Exhibit #1321-2007 email chain, #12 Exhibit #1333-Photograph, #13 Exhibit #1334-Photograph, #14 Exhibit #2250-Swift Depo Excerpts, #15 Exhibit #2251-Swift Employment Agmt, #16 Exhibit #2252-Swife Confirm Pat Assign, #17 Exhibit #2253-Jackson Depo Excerpts, #18 Exhibit #2254-UK Patents Act, #19 Exhibit #2255-Select Metadata for Knauf Production)(Hartz, Blake) Modified on 7/27/2020 (SWM).
June 26, 2020 Opinion or Order Filing 669 BRIEF/MEMORANDUM in Support re #657 MOTION to Maintain Document Under Seal #656 SEALED MOTION MEMORANDUM OF LAW IN SUPPORT OF DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
June 25, 2020 Opinion or Order Filing 668 SEALED Order granting Plaintiff's #644 Motion to Compel Defendants' Data from Laboratory Testing. Signed by Magistrate Judge Mark J. Dinsmore on 6/25/2020.(SWM)
June 24, 2020 Opinion or Order Filing 667 BRIEF/MEMORANDUM in Support re #647 MOTION to Maintain Document Under Seal #646 SEALED Document (Case Participants - doc) Exhibits 4 and 7 in support of Motion to Compel Testing Results , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Baily, Melissa)
June 23, 2020 Opinion or Order Filing 666 ORDER granting Parties' #663 Joint Motion for Two Week Extension of Deadline for Liability Expert Reports. Section II(C) of the Case Management Order as amended [Dkts. #131 , #167 , #338 , #458 , #532 , #578 , #631 , & #633 ] is hereby further amended as follows: The party with the burden of proof as to any liability issue must disclose the name, address, and vita of any expert witness on liability, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before July 24, 2020. The responding party must disclose the name, address, and vita of any expert witness, and must serve the report required by Fed. R. Civ. P. 26(a)(2) on or before August 24, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 6/23/2020. (SWM)
June 23, 2020 Opinion or Order Filing 665 BRIEF/MEMORANDUM in Support re #664 MOTION for Leave to Appeal Defendants' Motion to Certify Order for Interlocutory Appeal , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
June 23, 2020 Opinion or Order Filing 664 MOTION for Leave to Appeal Defendants' Motion to Certify Order for Interlocutory Appeal, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
June 16, 2020 Opinion or Order Filing 663 STIPULATION and Joint Motion for Two Week Extension of Deadline for Liability Expert Reports, re #631 Order on MotionScheduling, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles) Modified on 6/17/2020 - edited for administrative purposes(NAD).
June 15, 2020 Opinion or Order Filing 662 MOTION to Maintain Document Under Seal #660 SEALED Document (Case Participants - doc) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, Counter Defendants KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
June 15, 2020 Opinion or Order Filing 661 REDACTION to #660 SEALED Document (Case Participants - doc) Answer to Amended Counterclaims by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
June 15, 2020 Opinion or Order Filing 660 *** SEALED PERMANENTLY SEALED PER DKT. #698 *** SEALED Answer to Amended Counterclaims, re #503 SEALED Document (Case Participants - doc), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, Counter Defendants KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake) Modified on 7/27/2020 (SWM).
June 15, 2020 Opinion or Order Filing 659 REPLY in Support of Motion re #644 MOTION to Compel Defendants' Data from Laboratory Testing , filed by Plaintiff KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 1878, #2 Exhibit 1879, #3 Exhibit 1880)(Clark, Briana)
June 12, 2020 Opinion or Order Filing 658 ENTRY ON DEFENDANTS' OBJECTION TO THE MAGISTRATE JUDGES ORDER AND REQUEST FOR INTERLOCUTORY APPEAL - For the foregoing reasons, the Defendants' Objection to the Magistrate Judge's Order is OVERRULED and their Request for Interlocutory Appeal is DENIED without prejudice to refile (Filing No. #585 ). (See Order.) Copy to Counsel Doak via US Mail Signed by Judge Tanya Walton Pratt on 6/12/2020. (NAD)
June 12, 2020 Opinion or Order Filing 657 MOTION to Maintain Document Under Seal #656 SEALED MOTION MEMORANDUM OF LAW IN SUPPORT OF DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT , filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Baily, Melissa)
June 12, 2020 Opinion or Order Filing 656 SEALED MEMORANDUM OF LAW IN SUPPORT OF DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Brice Lynch In Support of JM Motion to Compel, #2 Lynch Decl. - Attachment 1, #3 Lynch Decl. - Attachment 2, #4 Lynch Decl. - Attachment 3, #5 Lynch Decl. - Attachment 4, #6 Lynch Decl. - Attachment 5, #7 Lynch Decl. - Attachment 6, #8 Lynch Decl. - Attachment 7, #9 Lynch Decl. - Attachment 8, #10 Lynch Decl. - Attachment 9, #11 Lynch Decl. - Attachment 10, #12 Lynch Decl. - Attachment 11, #13 Lynch Decl. - Attachment 12, #14 Lynch Decl. - Attachment 13, #15 Lynch Decl. - Attachment 14, #16 Lynch Decl. - Attachment 15, #17 Lynch Decl. - Attachment 16, #18 Lynch Decl. - Attachment 17, #19 Lynch Decl. - Attachment 18, #20 Lynch Decl. - Attachment 19, #21 Lynch Decl. - Attachment 20, #22 Lynch Decl. - Attachment 21, #23 Lynch Decl. - Attachment 22, #24 Lynch Decl. - Attachment 23, #25 Lynch Decl. - Attachment 24, #26 Lynch Decl. - Attachment 25, #27 Lynch Decl. - Attachment 26)(Baily, Melissa) Modified on 6/15/2020 - edited for administrative purposes; brief in support and not a motion filing (NAD).
June 12, 2020 Opinion or Order Filing 655 MOTION to Compel DISCOVERY REGARDING THE INVENTORSHIP OF THE ASSERTED D670 DESIGN PATENT, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Baily, Melissa)
June 10, 2020 Opinion or Order Filing 654 REDACTION to #652 SEALED Response to Motion to Compel Defendants' Data from Laboratory Testing by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
June 10, 2020 Opinion or Order Filing 653 MOTION to Maintain Document Under Seal #652 SEALED Response to Motion to Compel Defendants' Data from Laboratory Testing, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Brief In Support Of Motion to Seal)(Verhoeven, Charles)
June 10, 2020 Opinion or Order Filing 652 *** PERMANENTLY SEALED PER DKT. #696 *** SEALED RESPONSE re #644 MOTION to Compel Defendants' Data from Laboratory Testing , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Decl. of Touslee, #2 Decl. of Lynch, #3 Exhibit 1, #4 Exhibit 2)(Verhoeven, Charles) Modified on 7/27/2020 (SWM).
June 9, 2020 Opinion or Order Filing 651 ORDER granting #650 Motion to Appear pro hac vice. Attorney David D. Doak for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, David D. Doak is ordered to register within ten (10) days of the entry of this order. Copy to David D. Doak via U S Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/9/2020. (SWM)
June 5, 2020 Opinion or Order Filing 650 MOTION for Attorney(s) David D. Doak to Appear pro hac vice (Filing fee $100, receipt number 0756-6020787), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of David Doak, #2 Text of Proposed Order)(Riley, James)
June 1, 2020 Opinion or Order Filing 649 SCHEDULING ORDER - This matter comes before the Court on Plaintiffs' Motion to Compel Defendants' Data from Laboratory Testing. [Dkt. 644.] Any response to the Motion is due on or before June 10, 2020. Any reply in support of the Motion is due on or before June 15, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 6/1/2020.(SWM)
June 1, 2020 Opinion or Order Filing 648 ORDER ON PLAINTIFFS' #514 MOTION TO DISMISS COUNTERCLAIMS III (IN PART), IV, AND VI. For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Knauf's Motion to Dismiss (Filing No. #514 ). The Motion is granted with respect to Counterclaim III as to the '464 Patent, and Counterclaim VI for bad faith assertion of patent infringement. These claims are dismissed with prejudice. The Motion is denied as to Counterclaim IV for false marking survives dismissal at this stage of the litigation. (See Order.) Signed by Judge Tanya Walton Pratt on 6/1/2020. (NAD)
May 29, 2020 Opinion or Order Filing 647 MOTION to Maintain Document Under Seal #646 SEALED Document (Case Participants - doc) Exhibits 4 and 7 in support of Motion to Compel Testing Results, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
May 29, 2020 Opinion or Order Filing 646 *** SEE DKT. 695 FOR DOCUMENTS TO PERMANENTLY SEALED AND DOCUMENT TO UNSEAL *** SEALED Exhibits 4 and 7 in support of Motion to Compel Testing Results, re #645 Brief/Memorandum in Support, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 4 - Clawed Back Testing Documents, #2 Exhibit 7 - AEO Letter re Leach Testing)(Clark, Briana) Modified on 7/27/2020 (SWM).
May 29, 2020 Opinion or Order Filing 645 BRIEF/MEMORANDUM in Support re #644 MOTION to Compel Defendants' Data from Laboratory Testing , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 1 - Patent 8940089, #2 Exhibit 2 - Knauf's 6th Interrogatories to JM, #3 Exhibit 3 - Knauf's 3rd Requests for Production to JM, #4 Exhibit 5 - Privilege Log Documents, #5 Exhibit 6 - Letter from Bereveskos to Mayle re Deficiencies, #6 Exhibit 8 - Letter from Cox to Mayle re Leach Testing)(Clark, Briana)
May 29, 2020 Opinion or Order Filing 644 MOTION to Compel Defendants' Data from Laboratory Testing, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
May 1, 2020 Opinion or Order Filing 643 ORDER granting #640 Motion to Appear pro hac vice. Attorney Ellas K. Hallwass for Defendants added. Signed by Magistrate Judge Mark J. Dinsmore on 5/1/2020 (dist made) (CBU)
April 30, 2020 Opinion or Order Filing 642 ORDER granting #639 Motion to Appear pro hac vice. Attorney Tina T. Lo for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Tina T. Lo is ordered to register within ten (10) days of the entry of this order. Copy to Tina T. Lo via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 4/30/2020. (SWM)
April 30, 2020 Opinion or Order Filing 641 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 4/30/2020. Parties were authorized to file motions to compel with regard to issues raised in their submissions prior to conference. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
April 30, 2020 Opinion or Order Filing 640 MOTION for Attorney(s) Ella K. Hallwass to Appear pro hac vice (Filing fee $100, receipt number 0756-5974933), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Ella K. Hallwass, #2 Text of Proposed Order)(Riley, James)
April 29, 2020 Opinion or Order Filing 639 MOTION for Attorney(s) Tina T. Lo to Appear pro hac vice (Filing fee $100, receipt number 0756-5973523), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Tina Lo, #2 Text of Proposed Order)(Riley, James)
April 23, 2020 Opinion or Order Filing 638 MARGINAL ENTRY - Approving #636 Notice of Withdrawal of Appearance. Attorney David E. Sipiora withdrawn. Signed by Judge Tanya Walton Pratt on 4/24/2020.(NAD)
April 10, 2020 Opinion or Order Filing 637 CONTENTIONS Invalidity Contentions by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC... (Verhoeven, Charles)
April 6, 2020 Opinion or Order Filing 636 NOTICE of Withdrawal of Appearance by David Sipiora on behalf of All Defendants (Sipiora, David)
April 6, 2020 Opinion or Order Filing 635 ORDER granting #634 Motion to Appear pro hac vice. Attorney Kristopher L. Reed for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Kristopher L. Reed is ordered to register within ten (10) days of the entry of this order. Copy to Kristopher L. Reed via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 4/6/2020. (SWM)
April 3, 2020 Opinion or Order Filing 634 MOTION for Attorney(s) Kristopher L. Reed to Appear pro hac vice (Filing fee $100, receipt number 0756-5938622), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A - Certification of Kristopher Reed, #2 Text of Proposed Order)(Riley, James)
March 26, 2020 Opinion or Order Filing 633 ORDER granting Defendants' #632 Motion to Extend Deadline for Invalidity Contentions. Section III(D)(1) of the Case Management Order as amended [Dkts. 131, 167, 338, 458, 532, 578, & 631] is hereby further amended as follows. See Order for established deadlines. Signed by Magistrate Judge Mark J. Dinsmore on 3/26/2020. (SWM)
March 25, 2020 Opinion or Order Filing 632 Unopposed MOTION for Extension of Time to April 10, 2020 for Defendants' invalidity Contentions, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
March 24, 2020 Opinion or Order Filing 631 ORDER denying Parties' #627 Joint Stipulation Regarding Stay in Light of Coronavirus Pandemic. However, the Court, sua sponte, hereby further amends the Case Management Order as amended [Dkts. 131, 167, 338, 458, 532, & 578] as follows: See Order for established deadlines and additional information. Signed by Magistrate Judge Mark J. Dinsmore on 3/24/2020.(SWM)
March 20, 2020 Opinion or Order Filing 630 ORDER DENYING DEFENDANTS' MOTION FOR ORAL ARGUMENT REGARDING DEFENDANTS' OBJECTION AND MOTION FOR REVIEW OF NON-DISPOSITIVE ORDER FROM THE MAGISTRATE JUDGE (DKT. #579 ) - Upon consideration of Defendants' Motion for Oral Argument Regarding Defendants' Objection and Motion for Review of Non-Dispositive Order from the Magistrate Judge (Dkt. #579 ), in lieu of the General Orders of the Court and closure of the building due to COVID-19 pandemic, oral argument is DENIED. The Court will rule on Defendants' Objection and Motion for Review of Non-Dispositive Order from the Magistrate Judge in due course. Signed by Judge Tanya Walton Pratt on 3/20/2020. (NAD)
March 16, 2020 Opinion or Order Filing 629 MARGINAL ENTRY - Approving #625 Notice of Withdrawal of Appearance. Signed by Judge Tanya Walton Pratt on 3/16/2020.(NAD)
March 13, 2020 Opinion or Order Filing 628 CONTENTIONS (Infringement) by All Plaintiffs.. (Hartz, Blake)
March 13, 2020 Opinion or Order Filing 627 STIPULATION (Joint) Regarding Stay in Light of Coronavirus Pandemic, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order Granting Stay)(Verhoeven, Charles) Modified on 3/16/2020 - Edited for administrative purposes(NAD).
March 12, 2020 Opinion or Order Filing 626 ORDER: The Court is aware that the parties have scheduled depositions this month which require travel, including international travel. Given current and impending travel restrictions, the parties are advised to work together to reschedule any case activities requiring such travel as needed. The Court will work with the parties to modify the case schedule as necessary to accommodate any such delays. Signed by Magistrate Judge Mark J. Dinsmore on 3/12/2020. (GD)
March 6, 2020 Opinion or Order Filing 625 NOTICE of Withdrawal of Appearance by Lauren Hudson on behalf of All Defendants (Hudson, Lauren)
March 3, 2020 Opinion or Order Filing 624 STATUS REPORT (Joint) by All Plaintiffs. (Clark, Briana)
February 11, 2020 Opinion or Order Filing 623 ORDER VACATING STATUS/DISCOVERY CONFERENCE: Due to the impending inclement weather, the status/discovery conference scheduled on February 13, 2020 is hereby VACATED. In so doing, the Court again reminds the parties that discovery is conducted without court involvement in the VAST majority of cases, and that court resolution of discovery disputes is hardly ever required when parties and their counsel fulfill their discovery obligations in good faith. The parties are also again reminded that the current case deadlines WILL NOT be further enlarged for ANY reason. The parties' next Supplemental Joint Report on the Status of Discovery remains due on March 3, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 2/11/2020. (GD)
February 7, 2020 Opinion or Order Filing 622 NOTICE of Parties' First Extension of Time, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Hudson, Lauren)
February 7, 2020 Opinion or Order Filing 621 NOTICE of Parties' First Extension of Time, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
February 7, 2020 Opinion or Order Filing 620 ORDER: Due to the multitude of discovery disputes identified in the parties' supplemental joint report on the status of discovery filed on February 4, 2020 #619 , the telephonic status conference scheduled for February 7, 2020 is hereby VACATED. The parties shall appear by counsel, for an In-Person Discovery Conference on 2/13/2020 at 8:45 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. The parties shall meet and confer as required by Local Rule 37-1 regarding all pending discovery disputes in advance of the conference and shall bring with them to the conference copies for the Court of all discovery requests and responses at issue in any pending discovery disputes, as well as any other documents required for a complete discussion of those disputes. Signed by Magistrate Judge Mark J. Dinsmore on 2/7/2020. (GD)
February 4, 2020 Opinion or Order Filing 619 STATUS REPORT (Joint Revised) by All Plaintiffs. (Denton, Duane)
February 4, 2020 Opinion or Order Filing 618 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
January 27, 2020 Opinion or Order Filing 616 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Briana Lynn Clark hereby notifies the Clerk of the court of changed contact information. (Clark, Briana)
January 21, 2020 Opinion or Order Filing 615 CONTENTIONS Election of Asserted Prior Art by All Defendants.. (Verhoeven, Charles)
January 10, 2020 Opinion or Order Filing 614 Digital Audio File regarding #613 Telephonic Status Conference held on 1/10/2020 before Magistrate Judge Mark J. Dinsmore. AUDIO FILE SIZE (1.2 MB) (GD)
January 10, 2020 Opinion or Order Filing 613 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/10/2020. Parties discussed status of discovery. Telephonic Status Conference set for 2/7/2020 at 11:00 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 2/4/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
January 7, 2020 Opinion or Order Filing 612 REPORT (Joint Status) by All Plaintiffs. (Denton, Duane)
January 7, 2020 Opinion or Order Filing 611 NOTICE of Plaintiffs' Assertion of Twenty (20) Patent Claims Per Court's Order of September 30, 2019 (ECF No. 578), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC (Bereveskos, Spiro)
December 13, 2019 Opinion or Order Filing 609 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/13/2019. Parties discussed status of discovery. Telephonic Status Conference set for 1/10/2020 at 11:30 AM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 1/7/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 12, 2019 Opinion or Order Filing 607 NOTICE of Appearance by Andrew M. Pendexter on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, Counter Defendants KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Pendexter, Andrew)
December 11, 2019 Opinion or Order Filing 608 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 12/11/2019. Parties discussed dispute regarding Defendants' assertion of privilege as to certain documents. In the event Defendants elect to claw back documents in question, Plaintiffs are authorized to file motion to compel re-production of those documents if appropriate. Parties are reminded that December 13, 2019 telephonic status conference [Dkts. #600 & 605 ] remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 10, 2019 Opinion or Order Filing 606 Joint REPORT on Status of Discovery by All Plaintiffs. (Denton, Duane) Modified on 12/11/2019 - Edited text to match title of document(NAD).
December 5, 2019 Opinion or Order Filing 604 ORDER ON MOTIONS TO SEAL: The Court GRANTS Defendants' Motion [Dkt. #587 ]; and the Clerk is directed to PERMANENTLY SEAL Docket No. 586. The Court DENIES Defendants' Motion to Seal [Dkt. #596 .]; and the Clerk is directed to UNSEAL Docket No. 595. Pursuant to Local Rule 5-11(g), the Clerk is directed to unseal any documents as directed by this order on or after December 27, 2019, absent a Fed. R. Civ. P. 72(a) objection, motion to reconsider, appeal, or further court order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 12/5/2019. (SWM)
November 26, 2019 Opinion or Order Filing 603 REPLY in Support of Motion re #597 MOTION for Oral Argument Regarding Defendants' Objection and Motion for Review of Non-Dispositive Order From Magistrate Judge (Dkt. 579) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
November 19, 2019 Opinion or Order Filing 602 RESPONSE in Opposition re #597 MOTION for Oral Argument Regarding Defendants' Objection and Motion for Review of Non-Dispositive Order From Magistrate Judge (Dkt. 579) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
November 19, 2019 Opinion or Order Filing 601 RESPONSE in Opposition re #596 MOTION to Maintain Document Under Seal #595 SEALED Reply in support of Motion STATEMENT AUTHORIZING UNSEALING OF DOCUMENT, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
November 14, 2019 Opinion or Order Filing 600 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 11/14/2019. The parties appeared by telephone for a Status Conference. The parties discussed the status of discovery. This matter is scheduled for a telephonic status conference on Friday, December 13, 2019 at 9:00 a.m. (Eastern) to discuss case status, as well as the parties next Supplemental Joint Report on the Status of Discovery, which is due December 10, 2019. * see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
November 12, 2019 Opinion or Order Filing 599 REPORT (Joint Status) by All Plaintiffs. (Denton, Duane)
November 6, 2019 Opinion or Order Filing 597 MOTION for Oral Argument Regarding Defendants' Objection and Motion for Review of Non-Dispositive Order From Magistrate Judge (Dkt. 579), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
November 5, 2019 Opinion or Order Filing 596 MOTION to Maintain Document Under Seal #595 SEALED Reply in support of Motion , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
November 5, 2019 Opinion or Order Filing 595 *** UNSEALED PER DKT. NUMBER #604 *** SEALED REPLY in support of Motion re #585 MOTION to Set Aside #579 Order on Motion to Compel JM's Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles) Modified on 1/6/2020 (SWM).
November 4, 2019 Opinion or Order Filing 594 SCHEDULING ORDER - This matter is scheduled for Markman hearing on December 4, 2020 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Parties are allotted 5 hours total. Exhibit and witness lists are due no later than November 20, 2020. Signed by Judge Tanya Walton Pratt on 11/4/2019. (NAD)
October 29, 2019 Opinion or Order Filing 593 RESPONSE in Opposition re #585 MOTION to Set Aside #579 Order on Motion to Compel JM's Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
October 29, 2019 Opinion or Order Filing 592 REDACTION to #586 SEALED MOTION Memorandum in Support of Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
October 29, 2019 Opinion or Order Filing 591 BRIEF/MEMORANDUM in Support re #587 MOTION to Maintain Document Under Seal #586 SEALED MOTION Memorandum in Support of Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
October 17, 2019 Opinion or Order Filing 590 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/17/2019. Parties discussed status of discovery. Telephonic Status Conference set for 11/14/2019 at 3:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 11/12/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 15, 2019 Opinion or Order Filing 589 ORDER granting Plaintiffs' #575 Motion to Seal. The Clerk is directed to PERMANENTLY SEAL Docket No. 552. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/15/2019. (SWM)
October 15, 2019 Opinion or Order Filing 588 ORDER granting Plaintiffs' #507 Motion to Compel Response to Interrogatory No. 63. JM shall serve its response to Interrogatory No. 63, as narrowed to relate to the Chemists, by October 25, 2019. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/15/2109. (SWM) Modified on 10/16/2019 (SWM).
October 15, 2019 Opinion or Order Filing 587 MOTION to Maintain Document Under Seal #586 SEALED MOTION Memorandum in Support of Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Verhoeven, Charles)
October 15, 2019 Opinion or Order Filing 586 *** SEALED PER ORDER DATED 12/5/2019 (Dkt. #604 ) *** SEALED MOTION Memorandum in Support of Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles) Modified on 12/6/2019 (SWM).
October 15, 2019 Opinion or Order Filing 585 MOTION to Set Aside #579 Order on Motion to Compel JM's Objection And Motion For Review of Non-Dispositive Order From the Magistrate Judge (Dkt. 579), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit of Lindsay Cooper in Support of JM's Objection, #2 Exhibit 747, #3 Exhibit 748)(Verhoeven, Charles)
October 15, 2019 Opinion or Order Filing 584 REPORT (Joint Report on Status of Discovery (October 15, 2019)) by All Plaintiffs. (Denton, Duane) Modified on 10/16/2019 - Edited text to match caption (NAD).
October 2, 2019 Opinion or Order Filing 582 ORDER ON MOTIONS TO SEAL: Judge Pratt recently ordered stricken several documents that were the subject of motions to seal. See [Dkt. #578 .] Because those documents are no longer part of the record and thus will not be considered by the Court or underlie any court order, those motions to seal [Dkt. #470 , Dkt. #556 , and Dkt. #559 ] are GRANTED and the Clerk is directed to PERMANENTLY SEAL Docket No. 469, Docket Nos. 554 through 554- 13, and Docket Nos. 555 through 555-27.. The motion to seal [Dkt. #429 ] is GRANTED IN PART. See Order for Docket Nos. to Remain Sealed and Dockets Nos. to Unseal. Signed by Magistrate Judge Mark J. Dinsmore on 10/2/2019. (SWM)
October 1, 2019 Opinion or Order Filing 581 REDACTION to #431 SEALED Document (Case Participants - doc) Per ECF No. 573, REDACTED Dkt. No. 431-13 - Exhibit 437 - Power Point presentation dated 7/5/2007 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
October 1, 2019 Opinion or Order Filing 580 REDACTION to #431 SEALED Document (Case Participants - doc) Per ECF No. 573, REDACTED Dkt. No. 431-2 - Exhibit 426 - Plaintiffs' Fourth Supplemental Response to Defendants' Interrogatory No. 1 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
October 1, 2019 Opinion or Order Filing 579 ORDER denying Defendants' #427 Motion to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2019. (SWM)
September 30, 2019 Opinion or Order Filing 578 ORDER - This matter comes before the Court on Defendants' Expedited Motion for Clarification of the Court's Order Regarding Scope of Claim Construction Process. (Filing No. #574 .) In light of the above amendments to the case management schedule, Docket Nos. #438 , #468 , #469 , #531 , #533 , #534 , #554 , and #555 are hereby STRICKEN without prejudice to their resubmission as appropriate pursuant to the above schedule. The Court assures counsel that their work on these dockets was not for naught, as many of the arguments can be adopted in the claim construction and summary judgment briefing. The October 18, 2019 claim construction hearing (Filing No. #570 ) is hereby VACATED. In light of the above, Defendants' Expedited Motion for Clarification of the Court's Order Regarding Scope of Claim Construction Process (Filing No. #574 ) is GRANTED in part and DENIED in part. It is granted as to the clarifications discussed above and denied as moot regarding the matters not discussed. (See Order.) Signed by Judge Tanya Walton Pratt on 9/30/2019.(NAD)
September 30, 2019 Opinion or Order Filing 577 RESPONSE to Motion re #556 MOTION to Maintain Document Under Seal #555 SEALED Document (Case Participants - doc) STATEMENT AUTHORIZING UNSEALING OF DOCUMENT, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 27, 2019 Opinion or Order Filing 576 REDACTION to #552 SEALED Order (Case Participants - doc)Terminate Motions by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 27, 2019 Opinion or Order Filing 575 MOTION to Maintain Document Under Seal #552 SEALED Order (Case Participants - doc)Terminate Motions , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
September 25, 2019 Opinion or Order Filing 574 MOTION FOR CLARIFICATION OF THE COURTS ORDER REGARDING SCOPE OF CLAIM CONSTRUCTION PROCESS, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Memorandum ISO JM Motion for Clarification, #2 Exhibit 1 - Declaration of L. Yang ISO JM Motion for Clarification, #3 Proposed Order)(Verhoeven, Charles)
September 25, 2019 Opinion or Order Filing 572 NOTICE of Appearance by Jaclyn Michelle Flint on behalf of Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Flint, Jaclyn)
September 24, 2019 Opinion or Order Filing 573 ORDER granting in part and denying in part #432 Motion to Maintain Document Under Seal-within seven days of the date of this Order, Plaintiffs are ordered to file a redacted version of Docket Nos. 431-2 and 431-13; 47- Motion to seal-Within seven days of the date of this order, Defendants are ordered to file a redacted copy of this document. Defendants are reminded of the Court's admonition that over-redaction of documents sought to be maintained under seal may result in the denial of a motion to seal. Order granting #481 Motion to Maintain Document 480 Under Seal except for 480-1, 480-12 and 480-13 ; denying #535 Motion to Maintain Document Under Seal ; denying #540 Motion to Maintain Document Under Seal (See Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 9/24/2019. (CBU)
September 23, 2019 Opinion or Order Filing 571 ORDER granting [404, 416, 462, 501 and 509] Motions to Maintain Document Under Seal. The Clerk is directed to PERMANENTLY SEAL Docket Nos 403, 403-1 through 403-7; 415-2; 461; 500 and 508, 508-1 through 508-3. Signed by Magistrate Judge Mark J. Dinsmore on 9/23/2019. (CBU)
September 23, 2019 Opinion or Order Filing 570 SCHEDULING ORDER - The Court, sua sponte, RESCHEDULES the claim construction hearing set October 4, 2019 to October 18, 2019 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. The parties are allotted a total of five hours. By no later than October 4, 2019, the parties shall file their witness and exhibit lists, if any. Signed by Judge Tanya Walton Pratt on 9/23/2019.(NAD)
September 23, 2019 Opinion or Order Filing 569 ORDER denying as moot #567 Motion to enforce Amended Case Management Order (See Marginal Entry). Signed by Magistrate Judge Mark J. Dinsmore on 9/23/2019. (CBU)
September 21, 2019 Opinion or Order Filing 568 ORDER Regarding Scope of Claim Construction Process - The issue of indefiniteness should be raised by the parties at the summary judgment stage, as appropriate, and/or at trial. Signed by Judge Tanya Walton Pratt on 9/21/2019.(TRG)
September 20, 2019 Opinion or Order Filing 567 MOTION (EXPEDITED) TO ENFORCE AMENDED CASE MANAGEMENT ORDER IN VIEW OF JM'S EARLY SUMMARY JUDGMENT MOTION CONTAINED IN ITS OPENING CLAIM CONSTRUCTION BRIEF, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
September 20, 2019 Opinion or Order Filing 566 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/19/2019. Parties discussed status of discovery. Court & parties also discussed dispute between parties regarding appropriate scope of claim construction process in this case. Magistrate Judge advised District Judge of issue. Telephonic Status Conference set for 10/17/2019 at 3:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 10/15/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
September 20, 2019 Opinion or Order Filing 565 ORDER denying #560 Defendants' Expedited Motion for Relief in View of Knauf's Violation of LR 7-1(e)(1). Briefing shall proceed pursuant to the Court's schedule (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 9/20/2019. (CBU)
September 20, 2019 Opinion or Order Filing 564 NOTICE of Corrected Reply Brief, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., re #563 Reply in Support of Motion. (Attachments: #1 Attachment 1) (Verhoeven, Charles)
September 20, 2019 Opinion or Order Filing 563 REPLY in Support of Motion re #560 MOTION for Relief in View of Knauf's Violation of Local Rule 7-1(e)(1) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Verhoeven, Charles)
September 19, 2019 Opinion or Order Filing 562 RESPONSE in Opposition re #560 MOTION for Relief in View of Knauf's Violation of Local Rule 7-1(e)(1) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
September 18, 2019 Opinion or Order Filing 561 BRIEFING SCHEDULE: This matter comes before the Court on Defendants' Expedited Motion for Relief in View of Knauf's Violation of Local Rule 7-1(e)(1). [Dkt. #560 .] Plaintiffs shall file any response to the motion at or before 4:00 p.m. (Eastern) on September 19, 2019. Defendants shall file any reply in support of the motion at or before 1:00 p.m. (Eastern) on September 20, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 9/18/2019. (GD)
September 17, 2019 Opinion or Order Filing 560 MOTION for Relief in View of Knauf's Violation of Local Rule 7-1(e)(1), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Supporting Memorandum, #2 Text of Proposed Order)(Verhoeven, Charles)
September 17, 2019 Opinion or Order Filing 559 MOTION to Maintain Document Under Seal #554 SEALED Document (Case Participants - doc) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
September 16, 2019 Opinion or Order Filing 558 ORDER granting #471 Sealed Motion for leave to substitute exhibit. The Clerk is directed to show Docket No. 428-26 as WITHDRAWN. Docket No. [471-1] is hereby substituted as Exhibit 422 with Appendix A to Defendants' Memorandum of Law in Support of Motion to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer. Signed by Magistrate Judge Mark J. Dinsmore on 9/16/2019. (MAC)
September 16, 2019 Opinion or Order Filing 556 MOTION to Maintain Document Under Seal #555 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Lacey, Catherine)
September 16, 2019 Opinion or Order Filing 555 *** PERMANENTLY SEALED PER DOCKET NO. #582 ***STRICKEN PER ORDER AT #578 ***SEALED Opening Claim Construction Brief, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 720 - Summary Chart, #2 Exhibit 721 - Excerpts from Strauss Depo, #3 Exhibit 722 - Excerpts from Coates Depo, #4 Exhibit 723 - PTAB Final Decision, #5 Exhibit 724 - Excerpts from '287 Prosecution), #6 Exhibit 725 - Appeal Brief, #7 Exhibit 726 - Excerpt from Reexam, #8 Exhibit 727 - Nursten Excerpt, #9 Exhibit 728 - Hampson Decl., #10 Exhibit 729 - IUPAC, #11 Exhibit 730 - McGraw-Hill, #12 Exhibit 731 - Excerpt from Reexam, #13 Exhibit 732 - Excerpt from Reexam, #14 Exhibit 733 - Excerpt from Reexam, #15 Exhibit 734 - Excerpt from Reexam, #16 Exhibit 735 - Excerpt from Reexam, #17 Exhibit 736 - Excerpt from Reexam, #18 Exhibit 737 - IPR Preliminary Response, #19 Exhibit 738 - IPR Merits Response, #20 Exhibit 739 - US Patent 7,795,354, #21 Exhibit 740 - Wash. State Report, #22 Exhibit 741 - IPR Merits Response, #23 Exhibit 742 - K1009103, #24 Exhibit 743 - '445 Cancellation, #25 Exhibit 744 - '347 Cancellation, #26 Exhibit 745 - Excerpts from '207 Prosecution, #27 Exhibit 746 - Excerpts from '464 Prosecution)(Verhoeven, Charles) Modified on 9/30/2019 (NAD). Modified on 10/3/2019 (SWM).
September 16, 2019 Opinion or Order Filing 554 *** PERMANENTLY SEALED PER DOCKET NO. #582 ***STRICKEN PER ORDER AT #578 ***SEALED Plaintiffs' Opening Claim Construction Brief, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 67-PCT Pub No WO2007/014236, #2 Exhibit 471-JM Powerpoint, #3 Exhibit 492-Email re License cost spreadsheet, #4 Exhibit 575-Maillard Reaction Presentation, #5 Exhibit 660-Response to Office Action and Declaration 37 CFR 1.132, #6 Exhibit 685-Decl Hirsekorn IPR2018-00879, #7 Exhibit 688-CAFC Judgment, #8 Exhibit 712-Hirsekorn Dep. 9-5-19 Excerpts, #9 Exhibit 713-Final Written Decision IPR0015-01453, #10 Exhibit 714-Bide Dep. 9-6-19 Excerpts, #11 Exhibit 715-Alavi Dep. 8-29-19 Excerpts, #12 Exhibit 716-Mat Websters Dictionary, #13 Exhibit 717-ASTM C686 Standard)(Bereveskos, Spiro) Modified on 9/30/2019 (NAD). Modified on 10/3/2019 (SWM). (Attachment 11 replaced on 5/18/2021) (JD).
September 16, 2019 Opinion or Order Filing 553 REPORT (Joint Status) by All Plaintiffs. (Denton, Duane)
September 13, 2019 Opinion or Order Filing 552 *** PERMANENTLY SEALED PER ORDER DATED 10/15/2019 *** SEALED Order- #430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege is DENIED. Because the Order discusses information that has been classified as confidential by the parties, the Court has provisionally sealed the Order. The Order will be unsealed after fourteen days unless a motion to maintain the seal is filed along with a proposed redacted version of the Order to be made publicly available. Signed by Magistrate Judge Mark J. Dinsmore on 9/13/2019.(CBU) Modified on 10/16/2019 (SWM).
September 13, 2019 Opinion or Order Filing 551 NOTICE of Parties' First Extension of Time, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 11, 2019 Opinion or Order Filing 550 ORDER granting Defendants' #538 Motion to Increase the Deposition Limit. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 9/11/2019. (SWM)
September 10, 2019 Opinion or Order Filing 549 REPLY in Support of Motion re #539 SEALED MOTION Sealed Memorandum in Support of JM's Motion To Increase Deposition Limits , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit of Lindsay Cooper in Support of Defendants' Reply, #2 Exhibit 649)(Baily, Melissa)
September 10, 2019 Opinion or Order Filing 548 RESPONSE to Motion re #535 MOTION to Maintain Document Under Seal #534 SEALED Document (Case Participants - doc) STATEMENT AUTHORIZING UNSEALING OF DOCUMENT, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 10, 2019 Opinion or Order Filing 547 Statement AUTHORIZING UNSEALING OF DOCUMENT REGARDING DEFENDANTS MEMORANDUM (ECF Nos. 539, 540) by All Plaintiffs. (Hartz, Blake)
September 6, 2019 Opinion or Order Filing 546 RESPONSE in Opposition re #538 MOTION To Increase Deposition Limits, #539 SEALED MOTION Sealed Memorandum in Support of JM's Motion To Increase Deposition Limits in Part (Partial Opposition), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 5, 2019 Opinion or Order Filing 544 REPLY in Support of Motion re #514 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS III (IN PART), IV, AND VI , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
September 4, 2019 Opinion or Order Filing 545 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 9/4/2019 during deposition of Dr. Carl Strauss. Court & parties discussed Plaintiffs' issues regarding scope of Dr. Strauss' deposition. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
September 4, 2019 Opinion or Order Filing 543 ORDER granting #541 Motion to Appear pro hac vice. Attorney Brice C. Lynch for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC added. If not already registered with the Court's Electronic Filing System, Brice C. Lynch is ordered to register within ten (10) days of the entry of this order. Copy to Brice C. Lynch via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/4/2019. (SWM)
September 3, 2019 Opinion or Order Filing 542 SCHEDULING ORDER - Response Deadline as to #538 MOTION To Increase Deposition Limits due by 9/6/2019. Reply Deadline as to #538 MOTION To Increase Deposition Limits due by 9/10/2019. Signed by Magistrate Judge Mark J. Dinsmore on 9/3/2019.(MAC)
September 3, 2019 Opinion or Order Filing 541 MOTION for Attorney(s) Brice C. Lynch to Appear pro hac vice (Filing fee $100, receipt number 0756-5608981), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A - Certification of Brice C. Lynch, #2 Text of Proposed Order)(Riley, James)
August 30, 2019 Opinion or Order Filing 540 MOTION to Maintain Document Under Seal #539 SEALED MOTION Sealed Memorandum in Support of JM's Motion To Increase Deposition Limits , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion to Seal Dkt. 539)(Baily, Melissa)
August 30, 2019 Opinion or Order Filing 539 SEALED MOTION Sealed Memorandum in Support of JM's Motion To Increase Deposition Limits, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Baily, Melissa) Modified on 9/25/2019 (CBU)***UNSEAL PER ORDER 573***
August 30, 2019 Opinion or Order Filing 538 MOTION To Increase Deposition Limits, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit of Lindsay Cooper in Support of Defendants' Motion to Increase Deposition Limit, #2 Index of Exhibits, #3 Exhibit 645, #4 Exhibit 646, #5 Exhibit 647, #6 Exhibit 648)(Baily, Melissa)
August 29, 2019 Opinion or Order Filing 537 RESPONSE in Opposition re #514 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS III (IN PART), IV, AND VI , filed by Defendant JOHNS MANVILLE CORPORATION, Counter Claimant JOHNS MANVILLE CORPORATION. (Baily, Melissa)
August 28, 2019 Opinion or Order Filing 536 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, James W. Riley, Jr hereby notifies the Clerk of the court of changed contact information. (Riley, James)
August 27, 2019 Opinion or Order Filing 535 MOTION to Maintain Document Under Seal #534 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Lacey, Catherine)
August 27, 2019 Opinion or Order Filing 534 ***STRICKEN PER ORDER AT #578 ***SEALED Exhibit 645 - Declaration of Frederick J. Hirsekorn, re #531 Joint Claim Construction Statement, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Lacey, Catherine) Modified on 9/25/2019 (CBU)***UNSEAL PER ORDER 573*** Modified on 9/30/2019 (NAD).
August 27, 2019 Opinion or Order Filing 533 ***STRICKEN PER ORDER AT #578 ***DECLARATION Exhibit 644 - Declaration of Martin J. Bide re #531 Joint Claim Construction Statement by All Defendants. (Lacey, Catherine) Modified on 9/30/2019 (NAD).
August 26, 2019 Opinion or Order Filing 532 ORDER denying Parties' #529 Joint Motion for One Day Extension of August 26, 2019 Deadline for Expert Disclosures. The parties' motion fails to comply with Local Rule 6- 1 (a)(5), which requires a motion for extension of time to be filed at least three business days prior to the deadline absent extraordinary circumstances. However, the Court, sua sponte, hereby further amends Section III(D)(5) of the Case Management Order as amended [Dkts. 131, 167, 338, & 458] as follows (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 8/26/2019. (SWM)
August 26, 2019 Opinion or Order Filing 531 ***STRICKEN PER ORDER AT #578 ***Joint Claim Construction Statement , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Ex 642-Declaration of Strauss Aug. 26 2019, #2 Ex 643-Declaration of Coates Aug. 26 2019)(Hartz, Blake) Modified on 9/30/2019 (NAD).
August 23, 2019 Opinion or Order Filing 529 Joint MOTION for Extension of Time to August 27, 2019 in which to #458 OrderScheduling Order to Make Claim Construction Expert Disclosures, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Lacey, Catherine)
August 21, 2019 Opinion or Order Filing 530 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/21/2019. Parties discussed status of discovery. Telephonic Status Conference set for 9/19/2019 at 5:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 9/16/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 21, 2019 Opinion or Order Filing 528 ORDER granting #526 Motion to Appear pro hac vice. Attorney Lance Yang for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Lance Yang is ordered to register within ten (10) days of the entry of this order. Copy to Lance Yang via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 8/21/2019. (SWM)
August 20, 2019 Opinion or Order Filing 527 REPLY in Support of Motion re #507 MOTION to Compel RESPONSE TO INTERROGATORY NO. 63 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit #617, Lester Depo. Excerpt)(Bereveskos, Spiro)
August 20, 2019 Opinion or Order Filing 526 MOTION for Attorney(s) Lance Yang to Appear pro hac vice (Filing fee $100, receipt number 0756-5588919), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A: Certification of Lance Yang, #2 Text of Proposed Order)(Riley, James)
August 19, 2019 Opinion or Order Filing 525 REPORT (Joint Status) by All Plaintiffs. (Denton, Duane)
August 16, 2019 Opinion or Order Filing 523 AMENDED ORDER ON MOTION TO SEAL: The Court hereby amends its Order on Plaintiffs' Motion to Seal [Dkt. 425] dated August 16, 2019. [Dkt. 522.] Plaintiffs filed this motion, seeking to seal their Brief in Support of Motion to Compel and the accompanying attachments because they contain information designated as confidential by Defendants. On August 8, 2019, the Court ordered Defendants to file a redacted copy of Exhibits 393 through 396. [Dkt. 517.] Pursuant to Local Rule 5-11, Defendants have filed a publicly accessible, redacted copy of Docket Nos. 442-3 through 442-6, which can be found at Docket No. 521. Having reviewed the sealed and redacted versions, the Court finds good cause exists to maintain the documents under seal. Consequently, the Court GRANTS Plaintiffs' Motion to Seal [Dkt. #425 ]. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 424-3 through 424-6. Signed by Magistrate Judge Mark J. Dinsmore on 8/16/2019.(SWM)
August 16, 2019 Opinion or Order Filing 522 ORDER ON MOTION TO SEAL: This matter is before the Court on Plaintiffs' Motion to Seal [Dkt. 425]. Plaintiffs filed this motion, seeking to seal their Brief in Support of Motion to Compel and the accompanying attachments because they contain information designated as confidential by Defendants. On August 8, 2019, the Court ordered Defendants to file a redacted copy of Exhibits 393 through 396. [Dkt. 517.] Pursuant to Local Rule 5-11, Defendants have filed a publicly accessible, redacted copy of Docket Nos. 442-3 through 442-6, which can be found at Docket No. 521. Having reviewed the sealed and redacted versions, the Court finds good cause exists to maintain the documents under seal. Consequently, the Court GRANTS Plaintiffs' Motion to Seal [Dkt. #425 ]. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 442-3 through 442-6. Signed by Magistrate Judge Mark J. Dinsmore on 8/16/2019.(SWM)
August 15, 2019 Opinion or Order Filing 521 REDACTION to #424 SEALED Document (Case Participants - doc) Plaintiffs' Brief in Support of Plaintiffs' Motion to Compel Response to Interrogatory No. 50, Exhibits 393, 394, 395 and 396 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
August 13, 2019 Opinion or Order Filing 520 RESPONSE in Opposition re #507 MOTION to Compel RESPONSE TO INTERROGATORY NO. 63 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 573, #2 Exhibit 574)(Baily, Melissa)
August 13, 2019 Opinion or Order Filing 519 BRIEF/MEMORANDUM in Support re #509 MOTION to Maintain Document Under Seal #508 SEALED Document (Case Participants - doc) Brief in Support of Motion to Compel Response to Interrogatory No. 63 and Exhibits thereto , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 571 - Redacted, #2 Exhibit 572 - Redacted, #3 Redacted Index of Exhibits, #4 Redacted Brief in Support of Plaintiffs' Motion to Compel Response to Interrogatory No. 63)(Lacey, Catherine)
August 8, 2019 Opinion or Order Filing 518 ORDER: The Court GRANTS Plaintiffs' Motion to Seal [Dkt. #440 ]. The Clerk is directed to PERMANENTLY SEAL Docket No. 439. Additionally, the Court GRANTS Defendants' Motion [Dkt. #487 ]. The Clerk is directed to show Docket No. 467 as WITHDRAWN. Docket Nos. 487-1 and 487- 2 are hereby substituted as Exhibit 522. Signed by Magistrate Judge Mark J. Dinsmore on 8/8/2019. (SWM)
August 8, 2019 Opinion or Order Filing 517 ORDER granting Plaintiffs' #425 Motion to Maintain Document Under Seal; granting Defendants' #444 Motion to Maintain Document Under Seal; granting Defendants' #450 Motion to Maintain Document Under Seal; granting Plaintiffs' #456 Motion to Maintain Document Under Seal; granting Defendants' #478 Motion to Maintain Document Under Seal; granting Defendants' #504 Motion to Maintain Document Under Seal. See Order for documents to remain sealed and documents unsealed. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 8/8/2019. (SWM)
August 8, 2019 Opinion or Order Filing 516 ORDER denying Plaintiffs' #454 Motion for Attorney Fees. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 8/8/2019. (SWM)
August 8, 2019 Opinion or Order Filing 515 BRIEF/MEMORANDUM in Support re #514 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS III (IN PART), IV, AND VI , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
August 8, 2019 Opinion or Order Filing 514 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS III (IN PART), IV, AND VI, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Bereveskos, Spiro)
August 1, 2019 Opinion or Order Filing 513 BRIEF/MEMORANDUM in Support re #504 MOTION to Maintain Document Under Seal #503 SEALED Document (Case Participants - doc) Defendants' First Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
July 31, 2019 Opinion or Order Filing 512 NOTICE of Parties' First Extension of Time, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
July 31, 2019 Opinion or Order Filing 511 REDACTION to #500 SEALED Reply in support of Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
July 31, 2019 Opinion or Order Filing 510 BRIEF/MEMORANDUM in Support re #501 MOTION to Maintain Document Under Seal #500 SEALED Reply in support of Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
July 30, 2019 Opinion or Order Filing 509 MOTION to Maintain Document Under Seal #508 SEALED Document (Case Participants - doc) Brief in Support of Motion to Compel Response to Interrogatory No. 63 and Exhibits thereto, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
July 30, 2019 Opinion or Order Filing 508 SEALED BRIEF IN SUPPORT OF MOTION TO COMPEL RESPONSE TO INTERROGATORY NO. 63, re #507 Motion to Compel, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 571 - Email from Wang re Crosslinked JM 212 and Attachment JM 212 Crosslink Reaction using HFCS.pptx [JMIN 00181927 JMIN 00181929] (Feb. 4, 2014), #3 Exhibit 572 - Email from Miele to Cottier re RE: 4.5 [JMIN 00421981] (June 3, 2011))(Hartz, Blake) Modified on 9/24/2019 (CBU)***508, 508-1 THROUGH 508-3 PERMANENTLY SEALED PER ORDER 571***
July 30, 2019 Opinion or Order Filing 507 MOTION to Compel RESPONSE TO INTERROGATORY NO. 63, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 568 - Alavi Verification of Responses to Interrogatories 41-46, 50-70, 77-83, #3 Exhibit 569 - Letter to T. Mayle from B. Hartz re JMs Response to Interrogatory No. 63 (May 8, 2019), #4 Exhibit 570 - Email from K. Bell re JMs Response to Interrogatory No. 63 (May 14, 2019))(Hartz, Blake)
July 19, 2019 Opinion or Order Filing 506 ORDER: This matter comes before the Court on the parties' #505 Joint Report of Scheduling of Depositions and Request to Vacate the July 22, 2019 Telephonic Status Conference. The Court, being duly advised, hereby GRANTS the motion. The telephonic discovery conference scheduled for July 22, 2019 at 9:30 a.m. is hereby VACATED. The telephonic status conference set for August 21, 2019 at 11:00 a.m. (Eastern) remains on calendar as scheduled, and the parties' next Supplemental Joint Report on the Status of Discovery remains due August 19, 2019 #491 . Signed by Magistrate Judge Mark J. Dinsmore on 7/19/2019. (GD)
July 19, 2019 Opinion or Order Filing 505 MOTION to Vacate Telephonic Status Conference Scheduled for July 22, 2019 at 9:30 a.m., filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
July 18, 2019 Opinion or Order Filing 504 MOTION to Maintain Document Under Seal #503 SEALED Document (Case Participants - doc) Defendants' First Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
July 18, 2019 Opinion or Order Filing 503 *** SEE ORDER DATED 8/8/2019 (DKT. #517 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED Defendants' First Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, re #308 Amended Complaint, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Edward J. Mayle in Support of Defendants' First Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, #2 Exhibit 527 - Email correspondence dated 8/10/2007, #3 Exhibit 528 - Evaluation, #4 Exhibit 529 - Email correspondence dated 6/19/2007, #5 Exhibit 530 - Laboratory Notebook, #6 Exhibit 531 - Email correspondence dated 7/16/2007, #7 Exhibit 532 - Email correspondence dated 7/18/2007, #8 Exhibit 533 - Notebook, #9 Exhibit 534 - Email correspondence dated 7/18/2007, #10 Exhibit 535 - Minutes, #11 Exhibit 536 - Email correspondence dated 7/26/2007, #12 Exhibit 537 - Formula, #13 Exhibit 538 - Order Request, #14 Exhibit 539 - Email correspondence dated 8/01/2007, #15 Exhibit 540 - Memo, #16 Exhibit 541 - Laboratory Notebook, #17 Exhibit 542 - Email correspondence dated 8/02/2007, #18 Exhibit 543 - Test, #19 Exhibit 544 - Email correspondence dated 8/02/2007, #20 Exhibit 545 - Email correspondence dated 8/02/2007, #21 Exhibit 546 - Email correspondence dated 8/03/2007, #22 Exhibit 547 - Email correspondence dated 10/09/2007, #23 Exhibit 548 - Advertising and Marketing Uses for Patents and the Deterrent Factor, #24 Exhibit 549 - Using Patents as a Marketing Tool Good Bad and the Ugly!, #25 Exhibit 550 - The Value of Patents in Your Marketing Strategy, #26 Exhibit 551 - Reasons for Patenting Your Inventions)(Sipiora, David) Modified on 8/12/2019 (SWM).
July 17, 2019 Opinion or Order Filing 502 ORDER granting #448 Motion for Leave to File their First Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint and Demand for Jury Trial, in substantially the same form as was attached to Defendants' Motion for Leave to Amend (449-3 at 2-1150 on or before July 19, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 7/17/2019. (CBU)
July 17, 2019 Opinion or Order Filing 501 MOTION to Maintain Document Under Seal #500 SEALED Reply in support of Motion , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Baily, Melissa)
July 17, 2019 Opinion or Order Filing 500 SEALED REPLY in support of Motion re #430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Baily, Melissa) Modified on 9/24/2019 (CBU)***500 PERMANENTLY SEALED PER ORDER AT 571***
July 16, 2019 Opinion or Order Filing 499 REPLY in Support of Motion re #427 MOTION to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Baily, Melissa)
July 16, 2019 Opinion or Order Filing 498 REDACTION to #477 SEALED Response to Motion for Attorney Fees Pursuant to Rule 37(a)(5)(B) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
July 16, 2019 Opinion or Order Filing 497 BRIEF/MEMORANDUM in Support re #478 MOTION to Maintain Document Under Seal #477 SEALED Response to Motion for Attorneys' Fees , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
July 15, 2019 Opinion or Order Filing 496 ORDER granting in part and denying in part Plaintiffs' #423 Motion to Compel Response to Interrogatory No. 50. Signed by Magistrate Judge Debra McVicker Lynch on 7/15/2019. (SWM)
July 15, 2019 Opinion or Order Filing 495 ORDER granting Plaintiffs' #403 Sealed Motion to Reclassify. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 7/15/2019. (SWM)
July 15, 2019 Opinion or Order Filing 494 ORDER: This matter comes before the Court on the parties' #493 Joint Report of Scheduling of Depositions and Request to Continue the July 15, 2019 Telephonic Status Conference for One Week. The Court, being duly advised, hereby GRANTS the motion. The telephonic discovery conference scheduled for July 15, 2019 at 1:00 p.m. is CONTINUED to Monday, July 22, 2019 at 9:30 a.m. (Eastern). All other requirements of the Court's Order dated July 12, 2019 #491 remain in effect, and the teleconference call-in information issued by the Court on July 12, 2019 492 remains unchanged. Signed by Magistrate Judge Mark J. Dinsmore on 7/15/2019. (GD)
July 15, 2019 Opinion or Order Filing 493 MOTION for Continuance of July 15, 2019 Telephonic Status Conference for One Week, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
July 12, 2019 Opinion or Order Filing 491 MINUTE ENTRY FOR JULY 11, 2019 TELEPHONIC STATUS CONFERENCE HON. MARK J. DINSMORE, MAGISTRATE JUDGE - The parties appeared by telephone for a Status Conference. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic discovery conference on Monday, July 15, 2019 at 1:00 p.m. (Eastern). This matter is scheduled for a telephonic status conference on Wednesday, August 21, 2019 at 11:00 a.m. (Eastern) to discuss case status, as well as the parties' next Supplemental Joint Report on the Status of Discovery, which is now due August 19, 2019. (See Entry). Signed by Magistrate Judge Mark J. Dinsmore. (APD)
July 10, 2019 Opinion or Order Filing 490 ORDER granting #485 Motion for Extension of Time to File Reply re #427 MOTION to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer, #430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 7/10/2019. (GD)
July 9, 2019 Opinion or Order Filing 489 REPORT Joint Status by All Plaintiffs. (Denton, Duane)
July 9, 2019 Opinion or Order Filing 488 REPLY in Support of Motion re #454 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(B) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
July 5, 2019 Opinion or Order Filing 487 Unopposed MOTION for Leave to File Substitute Exhibit 522 (ECF #467 ), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Appendix A - Replacement Exhibit 522 - Part 1, #2 Appendix A - Replacement Exhibit 522 - Part 2, #3 Text of Proposed Order)(Bell, Kevin) Modified on 7/8/2019 - Added link to #467 (NAD).
July 3, 2019 Opinion or Order Filing 485 MOTION for Extension of Time to File Reply to July 16, 2019 and July 17, 2019 re #430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege, #427 MOTION to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Lacey, Catherine)
July 3, 2019 Opinion or Order Filing 484 REDACTION to #461 SEALED Reply in support of Motion to Compel Response to Interrogatory No. 50 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
July 3, 2019 Opinion or Order Filing 483 BRIEF/MEMORANDUM in Support re #462 MOTION to Maintain Document Under Seal #461 SEALED Reply in support of Motion to Compel Response to Interrogatory No. 50 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
July 3, 2019 Opinion or Order Filing 482 REDACTION to #480 SEALED Response to Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege ECF 430 and 431 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 556 - Report for Quarter 3, 2007 (redacted for public filing), #2 Exhibit 557 - Email correspondence dated 4-2-2007 (redacted for public filing), #3 Exhibit 558 - Email correspondence dated 4-1-2007 (redacted for public filing), #4 Exhibit 559 - Email correspondence dated 4-23-2007 (redacted for public filing), #5 Exhibit 560 - Memorandum dated 9-11-2007 (redacted for public filing), #6 Exhibit 561 - Email correspondence dated 6-9-2011 (redacted for public filing), #7 Exhibit 562 - Email correspondence dated 4-23-2007 (redacted for public filing), #8 Exhibit 563 - Email correspondence dated 6-25-2007 (redacted for public filing), #9 Exhibit 564 - Power Point presentation (redacted for public filing), #10 Exhibit 565 - Power Point presentation dated 6-28-2007 (redacted for public filing), #11 Exhibit 566 - Email correspondence dated 9-12-2007 (redacted for public filing), #12 Exhibit 567 - Email correspondence dated 5-21-2007 (redacted for public filing))(Hartz, Blake)
July 3, 2019 Opinion or Order Filing 481 MOTION to Maintain Document Under Seal #480 SEALED Response to Motion AND BRIEF IN SUPPORT, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
July 3, 2019 Opinion or Order Filing 480 SEALED RESPONSE re #430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 556 - Report for Quarter 3, 2007 (redacted), #3 Exhibit 557 - Email correspondence dated 4-2-2007 (redacted), #4 Exhibit 558 - Email correspondence dated 4-1-2007 (redacted), #5 Exhibit 559 - Email correspondence dated 4-23-2007 (redacted), #6 Exhibit 560 - Memorandum dated 9-11-2007 (redacted), #7 Exhibit 561 - Email correspondence dated 6-9-2011 (redacted), #8 Exhibit 562 - Email correspondence dated 4-23-2007 (redacted), #9 Exhibit 563 - Email correspondence dated 6-25-2007 (redacted), #10 Exhibit 564 - Power Point presentation (redacted), #11 Exhibit 565 - Power Point presentation dated 6-28-2007 (redacted), #12 Exhibit 566 - Email correspondence dated 9-12-2007 (redacted), #13 Exhibit 567 - Email correspondence dated 5-21-2007 (redacted))(Bereveskos, Spiro) Modified on 9/25/2019 (CBU)***MAINTAIN UNDER SEAL 480, AND 480-2 THROUGH 480-11; UNSEAL 480-1, 480-12 AND 480-13 PER ORDER 573***
July 2, 2019 Opinion or Order Filing 479 RESPONSE in Opposition re #427 MOTION to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 1 - Farmer Declaration, #2 Exhibit 2 - Part V of CDPA, #3 Exhibit 3 - USPTO Roundtable Comments, #4 Exhibit 4 - JM Letter to Court, #5 Exhibit 5 - Astex Opinion, #6 Exhibit 6 - Knauf 4-18-19 Email re Response, #7 Exhibit 7 - April 18-19 Emails Between Knauf and JM, #8 Exhibit 8 - Appendix A to JM Letter)(Denton, Duane)
July 2, 2019 Opinion or Order Filing 478 MOTION to Maintain Document Under Seal #477 SEALED Response to Motion for Attorneys' Fees, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Bell, Kevin)
July 2, 2019 Opinion or Order Filing 477 *** SEALED PER ORDER DATED 8/8/2019 (DKT. #571 *** SEALED RESPONSE re #454 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(B) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 553 - Excerpt of Plaintiffs' Second Privilege Log, #2 Exhibit 554 - Letter from B. Hartz to E. Mayle dated 4-11-2019, #3 Exhibit 555 - Letter from B. Hartz to E. Mayle dated 6-28-2019)(Bell, Kevin) Modified on 8/12/2019 (SWM).
July 1, 2019 Opinion or Order Filing 476 ORDER - granting #474 Joint Motion to continue Trial. The Court now sets the Jury Trial on June 14, 2021 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States District Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The Court allots fifteen days to try this case. The Final Pre-Trial Conference shall be conducted on May 26, 2021 at 10:00 a.m. in Room 330. Prior to the conference, Counsel are urged to review the Case Management Plan (dkt. #131 ; dkt. #338 ; dkt. #458 ) for all pretrial deadlines. Counsel shall be prepared to fully discuss the status of the action, including all matter requiring completion preparatory to trial. Counsel having primary trial responsibility shall attend the final pretrial in person. Signed by Judge Tanya Walton Pratt on 7/1/2019.(NAD)
June 28, 2019 Opinion or Order Filing 475 REPLY in Support of Motion re #448 MOTION for Leave to File Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Mayle, Edward)
June 28, 2019 Opinion or Order Filing 474 Joint MOTION for Continuance of Trial, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
June 28, 2019 Opinion or Order Filing 473 RESPONSE to Motion re #448 MOTION for Leave to File Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
June 28, 2019 Opinion or Order Filing 472 BRIEF/MEMORANDUM in Support re #450 MOTION to Maintain Document Under Seal #449 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law in Support of Defendants' Motion for Leave to Amend Answer and Counterclaims to Plaintiffs' Fifth Amended Compla , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 525 Compare document showing amendment to previous Answer (ECF 449-2 Redacted), #2 Exhibit 526 Defendants Proposed Amended Answer and Counterclaims (ECF 449-3 Redacted), #3 Exhibit 528 Evaluation (ECF 449-5 Redacted), #4 Exhibit 529 Email correspondence dated 6-19-2007 (ECF 449-6 Redacted), #5 Exhibit 530 Laboratory Notebook (ECF 449-7 Redacted), #6 Exhibit 532 Email correspondence dated 7-18-2007 (ECF 449-9 Redacted), #7 Exhibit 533 Notebook (ECF 449-10 Redacted), #8 Exhibit 535 Minutes (ECF 449-12 Redacted), #9 Exhibit 536 Email correspondence dated 7-26-2007 (ECF 449-13 Redacted), #10 Exhibit 537 Formula (ECF 449-14 Redacted), #11 Exhibit 538 Order Request (ECF 449-15 Redacted), #12 Exhibit 539 Email correspondence dated 8-01-2007 (ECF 449-16 Redacted), #13 Exhibit 540 Memo (ECF 449-17 Redacted), #14 Exhibit 541 Laboratory Notebook (ECF 449-18 Redacted), #15 Exhibit 542 Email correspondence dated 8-02-2007 (ECF 449-19 Redacted), #16 Exhibit 543 Test (ECF 449-20 Redacted), #17 Exhibit 545 Email correspondence dated 8-02-2007 (ECF 449-22 Redacted), #18 Exhibit 547 Email correspondence dated 10-09-2007 (ECF 449-24 Redacted), #19 Text of Proposed Order)(Hartz, Blake)
June 27, 2019 Opinion or Order Filing 471 SEALED Defendants' Unopposed Motion for Leave to Substitute Exhibit 422 (Dkt. #428 -26), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: *** UNSEALED PER ORDER DATED 10/2/2019 - DKT. NUMBER #582 *** #1 ***SUBSTITUED EXHIBIT 22 AT [428-26]***Appendix A - Replacement Exhibit 422, #2 Text of Proposed Order)(Mayle, Edward) Modified on 6/28/2019 - Added link to 428; edited for administrative purposes only(NAD). Modified on 9/17/2019 (MAC). Modified on 10/3/2019 (SWM).
June 24, 2019 Opinion or Order Filing 470 MOTION to Maintain Document Under Seal #469 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Brief in Support of Motion to Seal)(Lacey, Catherine)
June 24, 2019 Opinion or Order Filing 469 *** PERMANENTLY SEALED PER DKT NUMBER #582 ***STRICKEN PER ORDER AT #578 ***SEALED Exhibit 552 - Invalidity Contentions, re #468 Notice (Other), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Lacey, Catherine) Modified on 9/30/2019 (NAD). Modified on 10/3/2019 (SWM).
June 24, 2019 Opinion or Order Filing 468 ***STRICKEN PER ORDER AT #578 ***NOTICE Invalidity Contentions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Lacey, Catherine) Modified on 9/30/2019 (NAD).
June 24, 2019 Opinion or Order Filing 467 *** WITHDRAWN PER ORDER DATED 8/8/2019 *** REDACTION to #439 SEALED Document (Case Participants - doc) Exhibit 522 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin) Modified on 8/9/2019 (SWM).
June 24, 2019 Opinion or Order Filing 466 BRIEF/MEMORANDUM in Support re #440 MOTION to Maintain Document Under Seal #439 SEALED Document (Case Participants - doc) Exhibit 522 - Response to Interrogatory No. 14 Sixth Supp. , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
June 21, 2019 Opinion or Order Filing 465 SCHEDULING ORDER - This case is set for a claim construction hearing on October 4, 2019 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. The parties are allotted a total of 5 hours. Signed by Judge Tanya Walton Pratt on 6/21/2019. (NAD)
June 21, 2019 Opinion or Order Filing 464 ORDER granting #463 Motion to Appear pro hac vice. Attorney Lindsay Cooper for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Lindsay Cooper is ordered to register within ten (10) days of the entry of this order. Copy to Lindsay Cooper via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/21/2019. (SWM)
June 20, 2019 Opinion or Order Filing 463 MOTION for Attorney(s) Lindsay Cooper to Appear pro hac vice (Filing fee $100, receipt number 0756-5490077), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
June 20, 2019 Opinion or Order Filing 462 MOTION to Maintain Document Under Seal #461 SEALED Reply in support of Motion to Compel Response to Interrogatory No. 50, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
June 20, 2019 Opinion or Order Filing 461 *** SEALED PER ORDER DATED 8/8/2019 (DKT. #517 *** SEALED REPLY in support of Motion re #423 MOTION to Compel RESPONSE TO INTERROGATORY NO. 50 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake) Modified on 8/12/2019 (SWM). Modified on 9/24/2019 (CBU)***461 PERMANENTLY SEALED PER 571 ORDER***
June 19, 2019 Opinion or Order Filing 460 REDACTION to #431 SEALED Document (Case Participants - doc) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 427 (Redacted) - Binder Development, #2 Exhibit 428 (Redacted) - Report for Quarter 3, 2007, #3 Exhibit 429 (Redacted) - Evaluation, #4 Exhibit 433 (Redacted) - Email correspondence dated 4/2/2007, #5 Exhibit 434 (Redacted) - Email correspondence dated 4/1/2007, #6 Exhibit 435 (Redacted) - Email correspondence dated 4/23/2007, #7 Exhibit 436 (Redacted) - Memorandum dated 9/11/2007, #8 Exhibit 438 (Redacted) - Email correspondence dated 6/9/2011, #9 Exhibit 439 (Redacted) - Third Privilege Log of Guy Farmer, #10 Exhibit 440 (Redacted) - Correspondence between Defendants' Counsel and Plaintiffs' Counsel dated 4/17/2019, #11 Exhibit 446 (Redacted) - Correspondence from Defendants' Counsel to Magistrate Judge Dinsmore dated 4/26/2019, #12 Exhibit 447 (Redacted) - Email correspondence dated 4/23/2007, #13 Exhibit 448 (Redacted) - Email correspondence dated 6/25/2007, #14 Exhibit 449 (Redacted) - Power Point presentation, #15 Exhibit 450 (Redacted) - Power Point presentation dated 6/28/2007, #16 Exhibit 451 (Redacted) - Email correspondence dated 9/12/2007, #17 Exhibit 452 (Redacted) - Email correspondence dated 5/21/2007)(Hartz, Blake)
June 19, 2019 Opinion or Order Filing 459 BRIEF/MEMORANDUM in Support re #432 MOTION to Maintain Document Under Seal #431 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law in Support of Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
June 19, 2019 Opinion or Order Filing 457 REDACTION to #433 SEALED Order (Case Participants - doc)Terminate Motions by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
June 19, 2019 Opinion or Order Filing 456 Unopposed MOTION to Maintain Document Under Seal #433 SEALED Order (Case Participants - doc)Terminate Motions , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
June 18, 2019 Opinion or Order Filing 458 AMENDED CASE MANAGEMENT ORDER: Dispositive Motions due by 9/4/2020. Discovery due by 7/31/2020. On or before July 1, 2019, the parties shall file a motion to continue the trial of this matter until in or after June, 2021. In light of this order, Defendants' motion to amend the case management order [Dkt. #376 ] is DENIED AS MOOT. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 6/18/2019.(SWM)
June 18, 2019 Opinion or Order Filing 455 BRIEF/MEMORANDUM in Support re #454 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(B) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit A - Hartz Declaration, #2 Exhibit B - Woodard Invoice Extracts, #3 Exhibit C - AIPLA Rates, #4 Exhibit D - Clark Declaration, #5 Exhibit E - BGD Invoice)(Denton, Duane)
June 18, 2019 Opinion or Order Filing 454 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(B), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
June 18, 2019 Opinion or Order Filing 453 REDACTION to #428 SEALED Document (Case Participants - doc) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 410 (Redacted) - Review of Active Patent Projects, #2 Exhibit 411 (Redacted) - Review of Active Patent Projects, #3 Exhibit 412 (Redacted) - Email re Testing, #4 Exhibit 413 (Redacted) - Email re Testing, #5 Exhibit 415 (Redacted) - Communication with Counsel, #6 Exhibit 416 (Redacted) - Presentation re Ecose Technology, #7 Exhibit 417 (Redacted) - Presentation re Ecose Technology, #8 Exhibit 418 (Redacted) - Presentation re Ecose Technology, #9 Exhibit 420 (Redacted) - Email re Ecose Meeting)(Denton, Duane)
June 18, 2019 Opinion or Order Filing 452 BRIEF/MEMORANDUM in Support re #429 MOTION to Maintain Document Under Seal #428 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law in Support of Motion to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Fa , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
June 18, 2019 Opinion or Order Filing 451 ORDER granting Plaintiffs' #447 Motion for Extension of Time to File response to Defendants' Motions to Compel. Plaintiffs shall respond to Defendants' Motion to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer on or before July 2, 2019, and Plaintiffs shall respond to Defendants' Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege on or before July 3, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 6/18/2019. (SWM)
June 14, 2019 Opinion or Order Filing 450 MOTION to Maintain Document Under Seal #449 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law in Support of Defendants' Motion for Leave to Amend Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
June 14, 2019 Opinion or Order Filing 449 *** SEE ORDER DATED 8/8/2019 (DKT. #517 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** . [SEALED Defendants' Memorandum of Law in Support of Defendants' Motion for Leave to Amend Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, re #448 Motion for Leave to File, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Edward J. Mayle in Support of Defendants' Motion for Leave to Amend Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, #2 Exhibit 525 - Compare document showing amendment to previous Answer, #3 Exhibit 526 - Defendants' Proposed Amended Answer and Counterclaims, #4 Exhibit 527 - Email correspondence dated 8/10/2007, #5 Exhibit 528 - Evaluation, #6 Exhibit 529 - Email correspondence dated 6/19/2007, #7 Exhibit 530 - Laboratory Notebook, #8 Exhibit 531 - Email correspondence dated 7/16/2007, #9 Exhibit 532 - Email correspondence dated 7/18/2007, #10 Exhibit 533 - Notebook, #11 Exhibit 534 - Email correspondence dated 7/18/2007, #12 Exhibit 535 - Minutes, #13 Exhibit 536 - Email correspondence dated 7/26/2007, #14 Exhibit 537 - Formula, #15 Exhibit 538 - Order Request, #16 Exhibit 539 - Email correspondence dated 8/01/2007, #17 Exhibit 540 - Memo, #18 Exhibit 541 - Laboratory Notebook, #19 Exhibit 542 - Email correspondence dated 8/02/2007, #20 Exhibit 543 - Test, #21 Exhibit 544 - Email correspondence dated 8/02/2007, #22 Exhibit 545 - Email correspondence dated 8/02/2007, #23 Exhibit 546 - Email correspondence dated 8/03/2007, #24 Exhibit 547 - Email correspondence dated 10/09/2007, #25 Exhibit 548 - Advertising and Marketing Uses for Patents and the Deterrent Factor, #26 Exhibit 549 - Using Patents as a Marketing Tool Good Bad and the Ugly!, #27 Exhibit 550 - The Value of Patents in Your Marketing Strategy, #28 Exhibit 551 - Reasons for Patenting Your Inventions)(Sipiora, David) Modified on 8/12/2019 (SWM).
June 14, 2019 Opinion or Order Filing 448 MOTION for Leave to File Amended Answer and Counterclaims to Plaintiffs' Fifth Amended Complaint, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
June 14, 2019 Opinion or Order Filing 447 Unopposed MOTION for Extension of Time to 7/2/19 and 7/3/19 in which to #427 MOTION to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer, #430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
June 13, 2019 Opinion or Order Filing 446 REDACTION to #443 SEALED Response to Motion to Compel Response to Interrogatory No. 50 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
June 13, 2019 Opinion or Order Filing 445 BRIEF/MEMORANDUM in Support re #444 MOTION to Maintain Document Under Seal #443 SEALED Response to Motion to Compel Response to Interrogatory No. 50 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
June 13, 2019 Opinion or Order Filing 444 MOTION to Maintain Document Under Seal #443 SEALED Response to Motion to Compel Response to Interrogatory No. 50, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Bell, Kevin)
June 13, 2019 Opinion or Order Filing 443 *** SEALED PER ORDER DATED 8/8/2019 (DKT. #517 *** SEALED RESPONSE re #423 MOTION to Compel RESPONSE TO INTERROGATORY NO. 50 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 523 - Patent Application Publication, #2 Exhibit 524 - Dr. Kia Alavi Verification page)(Bell, Kevin) Modified on 8/12/2019 (SWM).
June 13, 2019 Opinion or Order Filing 442 REDACTION to #424 SEALED Document (Case Participants - doc) Plaintiffs' Brief in Support of Plaintiffs' Motion to Compel Response to Interrogatory No. 50 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 391 - Redacted (ECF 424-2), #2 Exhibit 392 - Redacted (ECF 424-3), #3 Exhibit 393 - Redacted (ECF 424-4), #4 Exhibit 394 - Redacted (ECF 424-5), #5 Exhibit 395 - Redacted (ECF 424-6), #6 Exhibit 396 - Redacted (ECF 424-7), #7 Exhibit 398 - Redacted (ECF 424-9), #8 Exhibit 399 - Redacted (ECF 424-10))(Bell, Kevin)
June 13, 2019 Opinion or Order Filing 441 BRIEF/MEMORANDUM in Support re #425 MOTION to Maintain Document Under Seal #424 SEALED Document (Case Participants - doc) BRIEF IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL RESPONSE TO INTERROGATORY NO. 50, ECF Nos. 424 and 424-1 through -10 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
June 10, 2019 Opinion or Order Filing 440 MOTION to Maintain Document Under Seal #439 SEALED Document (Case Participants - doc) Exhibit 522 - Response to Interrogatory No. 14 Sixth Supp., filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Gardlik, Matthew)
June 10, 2019 Opinion or Order Filing 439 *** SEALED PER ORDER DATED 8/8/2019 *** SEALED Exhibit 522 - Response to Interrogatory No. 14 Sixth Supp., re #438 Contentions, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. - SEE DKT. NUMBER 487-1 AND 487-2 FOR SUBSTITUTED EXHIBT (Gardlik, Matthew) Modified on 8/9/2019 (SWM). Modified on 8/9/2019 (SWM).
June 10, 2019 Opinion or Order Filing 438 ***STRICKEN PER ORDER AT #578 *** CONTENTIONS Plaintiffs' Infringement Contentions by All Plaintiffs.. (Gardlik, Matthew) Modified on 9/30/2019 (NAD).
June 10, 2019 Opinion or Order Filing 437 ORDER: In light of the parties' Joint Report of Scheduling of the Stephan Deposition #436 , the Court hereby VACATES the telephonic status conference set for 6/10/2019 #436 . Telephonic Status Conference set for 7/11/2019 at 10:00 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery now due 7/9/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 6/10/2019. (GD)
June 7, 2019 Opinion or Order Filing 436 REPORT on Scheduling of Stephan Deposition and Request to Vacate 06/10/19 Telephonic Status Conference by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Riley, James)
June 6, 2019 Opinion or Order Filing 435 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status Conference held on 6/5/2019. Parties discussed status of discovery & revisions to case schedule, which will be issued by separate order. Telephonic Status Conference set for 6/10/2019 at 1:30 PM (Eastern Time) to schedule deposition of Fred Stephan. Fred Stephan is ordered to appear by telephone for conference. Counsel & Fred Stephan shall attend by calling 877-873-8017, Access Code 7786882, Security Code 150111. Defendants' counsel are ordered to communicate this order to Fred Stephan & to undertake to ensure his appearance for conference. Conference will be vacated if parties advise Court that deposition of Fred Stephan has been scheduled by agreement in advance thereof. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
June 6, 2019 Opinion or Order Filing 434 RESPONSE to Motion re #416 MOTION to Maintain Document Under Seal #415 SEALED Response to Motion to Reclassify , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
June 5, 2019 Opinion or Order Filing 433 *** SEALED PER ORDER DATED 8/8/2019 (DKT. #517 *** SEALED Order denying Defendants' #284 MOTION to Compel and Motion for Discovery Sanctions. Signed by Magistrate Judge Mark J. Dinsmore on 6/5/2019.(SWM) Modified on 8/12/2019 (SWM).
June 5, 2019 Opinion or Order Filing 432 MOTION to Maintain Document Under Seal #431 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law in Support of Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Bell, Kevin)
June 5, 2019 Opinion or Order Filing 431 SEALED Defendants' Memorandum of Law in Support of Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege, re #430 Motion to Compel, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Catherine R. Lacey in Support of Defendants' Memorandum of Law in Support of Motion to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege, #2 Exhibit 426 - Plaintiffs' Fourth Supplemental Response to Defendants' Interrogatory No. 1, #3 Exhibit 427 - Binder Development, #4 Exhibit 428 - Report for Quarter 3, 2007, #5 Exhibit 429 - Evaluation, #6 Exhibit 430 - U.S. Patent No. 6,753,361 B2, #7 Exhibit 431 - Correspondence between Defendants' Counsel and Plaintiffs' Counsel dated 8/29/2018, #8 Exhibit 432 - Correspondence between Plaintiffs' Counsel and Defendants' Counsel dated 8/30/2018, #9 Exhibit 433 - Email correspondence dated 4/2/2007, #10 Exhibit 434 - Email correspondence dated 4/1/2007, #11 Exhibit 435 - Email correspondence dated 4/23/2007, #12 Exhibit 436 - Memorandum dated 9/11/2007, #13 Exhibit 437 - Power Point presentation dated 7/5/2007, #14 Exhibit 438 - Email correspondence dated 6/9/2011, #15 Exhibit 439 - Third Privilege Log of Guy Farmer, #16 Exhibit 440 - Correspondence between Defendants' Counsel and Plaintiffs' Counsel dated 4/17/2019, #17 Exhibit 441 - Correspondence between Plaintiffs' Counsel and Defendants' Counsel dated 4/17/2019, #18 Exhibit 442 - Correspondence between Defendants Counsel and Plaintiffs' Counsel dated 4/22/2019, #19 Exhibit 443 - Correspondence between Plaintiffs' Counsel and Defendants' Counsel dated 4/23/2019, #20 Exhibit 444 - Correspondence between Plaintiffs' Counsel and Defendants' Counsel dated 4/24/2019, #21 Exhibit 445 - Correspondence from Plaintiffs' Counsel to Magistrate Judge Dinsmore dated 4/25/2019, #22 Exhibit 446 - Correspondence from Defendants' Counsel to Magistrate Judge Dinsmore dated 4/26/2019, #23 Exhibit 447 - Email correspondence dated 4/23/2007, #24 Exhibit 448 - Email correspondence dated 6/25/2007, #25 Exhibit 449 - Power Point presentation, #26 Exhibit 450 - Power Point presentation dated 6/28/2007, #27 Exhibit 451 - Email correspondence dated 9/12/2007, #28 Exhibit 452 - Email correspondence dated 5/21/2007)(Bell, Kevin) Modified on 9/25/2019 (CBU)***PERMANTLY SEAL 431, 431-2 THROUGH 431-5, 431-9 THROUGH 431-12, 431-14 THROUGH 431-16 AND 431-22 THROUGH 431-28; UNSEAL 431-1, 431-6 THROUGH 431-8 AND 431-17 THROUGH 431-12 PER ORDER 573***
June 5, 2019 Opinion or Order Filing 430 MOTION to Compel Production of Documents Concerning Subject Matter Over Which Knauf has Waived Privilege, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Bell, Kevin)
June 4, 2019 Opinion or Order Filing 429 MOTION to Maintain Document Under Seal #428 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law in Support of Motion to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
June 4, 2019 Opinion or Order Filing 428 *** SEE ORDER DATED 10/2/2019 - DKT. NUMBER #582 FOR DOCUMENTS PERMANENTLY SEAELD AND DOCUMENTS UNSEALED *** SEALED Defendants' Memorandum of Law in Support of Motion to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer, re #427 Motion to Compel, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Edward J. Mayle in Support of Defendants' Memorandum of Law in Support of Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer, #2 Appendix A - Privilege Log Entries, #3 Appendix B - Privilege Log Entries, #4 Exhibit 400 - Email correspondence dated 1/15/2009, #5 Exhibit 401 - Subpoena to Testify directed to Guy Farmer, #6 Exhibit 402 - Email correspondence dated 3/28/2018, #7 Exhibit 403 - Objections and Responses to Third-Party Subpoena to Guy Farmer, #8 Exhibit 404 - Correspondence between Plaintiffs' counsel and Defendants' counsel dated 2/13/2019, #9 Exhibit 405 - Email correspondence dated 2/14/2019, #10 Exhibit 406 - Email correspondence dated 3/8/2019, #11 Exhibit 407 - Email correspondence dated 3/27/2019, #12 Exhibit 408 - Defendants' First Set of Requests for Production of Documents and Things to Plaintiffs, #13 Exhibit 409 - Plaintiffs' Responses to Defendants' First Set of Requests for Production of Documents and Things, #14 Exhibit 410 - Power Point Presentation dated 2/2/2012, #15 Exhibit 411 - Power Point Presentation dated 4/17/2013, #16 Exhibit 412 - Email correspondence dated 12/7/2012, #17 Exhibit 413 - Email correspondence dated 12/7/2012, #18 Exhibit 414 - Presentation dated 6/1/2007, #19 Exhibit 415 - Email correspondence dated 6/30/2010, #20 Exhibit 416 - Power Point presentation, #21 Exhibit 417 - Power Point presentation, #22 Exhibit 418 - Power Point presentation, #23 Exhibit 419 - Power Point presentation dated 10/10/2007, #24 Exhibit 420 - Email correspondence dated 11/23/2010, #25 Exhibit 421 - Correspondence between Defendants' counsel and Plaintiffs' counsel dated 4/2/2019, #26 ***ORDERED WITHDRAWN AND SUBSTITUED REFER [471-1]***Exhibit 422 - Correspondence between Plaintiffs' counsel and Defendants' counsel dated 4/19/2019, #27 Exhibit 423 - Correspondence from Plaintiffs' counsel to Magistrate Judge Dinsmore dated 4/25/2019, #28 Exhibit 424 - Correspondence from Defendants' counsel to Magistrate Judge Dinsmore dated 4/26/2019, #29 Exhibit 425 - U.S. Patent No. 7,854,980 B2)(Sipiora, David) Modified on 9/17/2019 (MAC). Modified on 10/3/2019 (SWM).
June 4, 2019 Opinion or Order Filing 427 MOTION to Compel Production of Certain Documents Relating to Communications with Foreign Patent Agent Guy Farmer, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
June 3, 2019 Opinion or Order Filing 426 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
May 30, 2019 Opinion or Order Filing 425 MOTION to Maintain Document Under Seal #424 SEALED Document (Case Participants - doc) BRIEF IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL RESPONSE TO INTERROGATORY NO. 50, ECF Nos. 424 and 424-1 through -10, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
May 30, 2019 Opinion or Order Filing 424 *** 424, 424-2, 424-3, 424-9 AND 424-10 SEALED PER ORDER DATED 8/8/2019 (DKT. #517 *** SEALED BRIEF IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL RESPONSE TO INTERROGATORY NO. 50, re #423 Motion to Compel, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 391 - Defendants Objections and Responses to Plaintiffs Sixth Set of Interrogatories (Nos. 41-85) (March 22, 2019), #3 Exhibit 392 - Email Subject Name Change (February 16, 2012) (JMIN 00161833-34), #4 Exhibit 393 - JM Corporate Research & Development Weekly Report Week Ending April 13, 2012 (JMIN 00162658-60), #5 Exhibit 394 - JM Innovation Report Week Ending May 25, 2012 (JMIN 00157940-43), #6 Exhibit 395 - JM Corporate Research & Development Weekly Report Week Ending June 29, 2012 (JMIN 00335837-41), #7 Exhibit 396 - JM Innovation Report Week Ending July 27, 2012 (JMIN 00157574-77), #8 Exhibit 397 - Letter to Alberta Environment re: Extended Resin Trial (August 1, 2012) (JMIN 00435019-21), #9 Exhibit 398 - Email Winder JM 212 Conversion Increased Flow Issue (December 16, 2013) (JMIN 00433378-81), #10 Exhibit 399 - Product Emissions Certification Criteria Slide (JMIN 01279201)) *** DOCKET NOS. 424-3 through 424-6 SEALED PER ORDERS DATED 8/8/19 AND 8/16/19 *** (Hartz, Blake) Modified on 8/12/2019 (SWM). Modified on 8/16/2019 (SWM).
May 30, 2019 Opinion or Order Filing 423 MOTION to Compel RESPONSE TO INTERROGATORY NO. 50, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
May 29, 2019 Opinion or Order Filing 422 ORDER granting #411 Motion to Appear pro hac vice. Attorney Lauren Hudson for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Lauren Hudson is ordered to register within ten (10) days of the entry of this order. Copy to Lauren Hudson via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2019. (SWM)
May 29, 2019 Opinion or Order Filing 421 ORDER granting #410 Motion to Appear pro hac vice. Attorney Catherine R. Lacey for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Catherine R. Lacey is ordered to register within ten (10) days of the entry of this order. Copy to Catherine R. Lacey via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2019. (SWM) Modified on 5/30/2019 (SWM).
May 29, 2019 Opinion or Order Filing 420 REPLY in Support of Motion re #403 SEALED MOTION TO RECLASSIFY , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
May 23, 2019 Opinion or Order Filing 419 REDACTION to #415 SEALED Response to Motion to Reclassify, Declaration of Richard Clark in Support of Defendants' Opposition to Plaintiffs' Motion to Reclassify by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 418 BRIEF/MEMORANDUM in Support re #416 MOTION to Maintain Document Under Seal #415 SEALED Response to Motion to Reclassify , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 417 Submission of Proposed Order , re #416 MOTION to Maintain Document Under Seal #415 SEALED Response to Motion to Reclassify, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 416 MOTION to Maintain Document Under Seal #415 SEALED Response to Motion to Reclassify, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 415 SEALED RESPONSE re #403 SEALED MOTION TO RECLASSIFY , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 390, #2 Declaration of Richard Clark in Support of Defendants' Opposition to Plaintiffs' Motion to Reclassify)(Sipiora, David) Modified on 9/24/2019 (CBU)***415-2 PERMANENTLY SEALED PER ORDER 571***
May 23, 2019 Opinion or Order Filing 414 REDACTION to #403 SEALED MOTION TO RECLASSIFY Attachments 1 through 7 (ECF 403-1 through 403-7) by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 413 REDACTION to #403 SEALED MOTION TO RECLASSIFY by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 412 BRIEF/MEMORANDUM in Support re #404 MOTION to Maintain Document Under Seal #403 SEALED MOTION TO RECLASSIFY , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 23, 2019 Opinion or Order Filing 411 MOTION for Attorney(s) Lauren Hudson to Appear pro hac vice (Filing fee $100, receipt number 0756-5444933), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A - Certification of Lauren Hudson, #2 Text of Proposed Order)(Riley, James)
May 23, 2019 Opinion or Order Filing 410 MOTION for Attorney(s) Catherine Lacey to Appear pro hac vice (Filing fee $100, receipt number 0756-5444902), filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Catherine Lacey, #2 Text of Proposed Order)(Riley, James)
May 13, 2019 Opinion or Order Filing 409 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery/Status Conference held on 5/7/2019. Parties discussed status of discovery, including parties' May 3, 2019 Joint Report on Status of Discovery ("Discovery Report"). [Dkt. #401 .] Plaintiffs are authorized to file (1) a motion to compel regarding issues with Defendants' interrogatory responses set forth in section III(a)(1) of Discovery Report [Id. at 4-6]; and (2) declassification of certain documents designated as "Attorneys' Eyes Only" set forth in Section III(a)(2) of Discovery Report [Id. at 6-8]. Defendants are authorized to file motion or motions to compel regarding privilege issues set forth in section III(b)(1) of Discovery Report [Id. at 9-10], to include all alleged privilege waiver issues discussed during conference. In-Person Status Conference set for 6/5/2019 at 9:00 AM (Eastern Time) in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana to discuss case status & parties' next Supplemental Joint Report on Status of Discovery now due June 3, 2019. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
May 10, 2019 Opinion or Order Filing 408 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (NAD)
May 10, 2019 Opinion or Order Filing 407 SCHEDULING ORDER - This matter has been reassigned to District Judge Tanya Walton Pratt. The final pretrial conference set December 29, 2020 at 10:00 a.m. will now be held in Room 330. The jury trial set to commence on January 25, 2021 at 9:00 a.m. will now be held in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 5/10/2019. (NAD)
May 9, 2019 Opinion or Order Filing 406 NOTICE of Reassignment of Case to Judge Tanya Walton Pratt. Judge William T. Lawrence is no longer assigned to this case. Please include the new case number, 1:15-cv-00111-TWP-MJD, on all future filings in this matter. (NLR)
May 9, 2019 Opinion or Order Filing 405 ORDER REASSIGNING CASE. Clerk is directed to randomly reassign case and notify parties of newly assigned District Judge. Signed by Judge William T. Lawrence on 5/9/2019. (NLR)
May 9, 2019 Opinion or Order Filing 404 MOTION to Maintain Document Under Seal #403 SEALED MOTION TO RECLASSIFY , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Lueders, Daniel)
May 9, 2019 Opinion or Order Filing 403 SEALED MOTION TO RECLASSIFY, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5, #6 Exhibit Attachment 6, #7 Exhibit Attachment 7, #8 Text of Proposed Order)(Lueders, Daniel) Modified on 9/24/2019 (CBU)***403 AND 403-1 through 403-7 PERMANENTLY SEALED PER ORDER 571***
May 6, 2019 Opinion or Order Filing 402 NOTICE of Appearance by Matthew M. Gardlik on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Gardlik, Matthew)
May 3, 2019 Opinion or Order Filing 401 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
April 30, 2019 Opinion or Order Filing 400 ENTRY ON MOTION TO DISMISS AND MOTION FOR JUDGMENT ON THE PLEADINGS ; Before the Court are the Plaintiffs' motion to dismiss certain counterclaims and to strike Dkt. No. #323 , and the Defendants' motion for judgment on the pleadings Dkt. No. #327 . The motions are fully briefed, and the Court, being duly advised GRANTS IN PART the Plaintiffs' motion and DENIES the Defendants' motion for the reasons set forth below. The Defendants' request for oral argument on their motion for judgment on the pleadings Dkt. No. #348 is DENIED. The Plaintiffs' motion to dismiss, Dkt. No. [323 ], is GRANTED IN PART, and the Defendants' motion for judgment on the pleadings, Dkt. No. 327, is DENIED. The Defendants' request for oral arguments, Dkt. No. 348, is also DENIED. Signed by Judge William T. Lawrence on 4/30/2019. *** SEE ENTRY *** (CKM) (Main Document 400 replaced on 4/30/2019) (CKM).
April 16, 2019 Opinion or Order Filing 399 ORDER granting Plaintiffs' #344 Motion to Maintain Document Under Seal. Pursuant to Local Rule 5-11(d), Defendants have filed a publicly accessible, redacted copy of Docket No. 343- 1, which can be found at Docket No. 392. Having reviewed the sealed and redacted versions, the Court finds good cause exists to maintain the document under seal. The Clerk is directed to PERMANENTLY SEAL Docket No. 343-1. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2019. (SWM)
April 16, 2019 Opinion or Order Filing 398 ORDER granting Defendants' #335 Motion to Maintain Document Under Seal. Pursuant to Local Rule 5-11(d), Plaintiffs have filed publicly accessible, redacted copies of Docket Nos. 334- 2 and 334-4, which can be found at Docket Nos. 394 and 395, respectively. Having reviewed the sealed and redacted versions, the Court finds good cause exists to maintain the documents under seal. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 334-2 and 334-4. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2019. (SWM)
April 16, 2019 Opinion or Order Filing 397 ORDER granting Defendants' #312 Motion to Maintain Document Under Seal. Pursuant to Local Rule 5-11, Defendants have filed a publicly accessible, redacted copy of Docket No. 311- 3, which can be found at Docket No. 391. Having reviewed the sealed and redacted versions, the Court finds good cause exists to maintain the document under seal. The Clerk is directed to PERMANENTLY SEAL Docket No. 311-3. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2019. (SWM)
April 16, 2019 Opinion or Order Filing 396 ORDER granting Plaintiff's #292 Motion to Maintain Document Under Seal. Pursuant to Local Rule 5-11(d), Plaintiffs have filed a publicly accessible, redacted copy of Docket No. 291-4, which can be found at Docket No. 393. Having reviewed the sealed and redacted versions, the Court finds good cause exists to maintain the document under seal. The Clerk is directed to PERMANENTLY SEAL Docket No. 291-4. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2019. (SWM)
April 15, 2019 Opinion or Order Filing 395 REDACTION to #334 SEALED Response to Motion TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIM COUNTS III (IN PART), IV, V, AND VI, AND MOTION TO STRIKE, Exhibit 291 [ECF 334-4] by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
April 15, 2019 Opinion or Order Filing 394 REDACTION to #334 SEALED Response to Motion TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIM COUNTS III (IN PART), IV, V, AND VI, AND MOTION TO STRIKE, Exhibit 289 [ECF 334-2] by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
April 15, 2019 Opinion or Order Filing 393 REDACTION to #291 SEALED Document (Case Participants - doc) Plaintiffs' Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions, Exhibit 281 [ECF 291-4] by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
April 12, 2019 Opinion or Order Filing 392 REDACTION to #343 SEALED Document (Case Participants - doc) Plaintiffs' Brief in Support of Motion to Compel JM to Reclassify KTS-AR-QC 005064 as Responsive, Exhibit 378 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
April 12, 2019 Opinion or Order Filing 391 REDACTION to #311 SEALED Document (Case Participants - doc) Defendants' Reply Memorandum of Law in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims, Exhibit 287 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
April 11, 2019 Opinion or Order Filing 390 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/10/2019. Parties discussed status of discovery. Parties report that subpoena that is subject of pending motion to quash [Dkt. #340 ] has been withdrawn; accordingly, with parties' agreement, motion to quash [Dkt. #340 ] is DENIED AS MOOT. Following discussion with parties, Court hereby orders all parties to serve signed verification of any interrogatory responses served by no later than third business day following service of interrogatory response. In Person Status/Discovery Conference set for 5/7/2019 at 4:00 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due by no later than 2:00 PM (Eastern Time) on 5/6/2019. Parties should endeavor to resolve all pending discovery disputes in advance of conference, or if resolution is impossible to negotiate to impasse so issues are ripe for discovery conference, in which event parties should forward any documents relevant to discussion of dispute that parties would like to be considered to Magistrate Judge at MJDinsmore@insd.uscourts.gov by no later than 2:00 PM (Eastern Time) on 5/6/2019. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
April 8, 2019 Opinion or Order Filing 389 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
April 8, 2019 Opinion or Order Filing 388 ORDER ON MOTIONS TO SEAL: This matter is before the Court on the parties' pending Motions to Seal. [ Dkt. 300; Dkt. 312; Dkt. 335.] Each motion seeks to permanently seal various filings containing confidential information. The Court GRANTS Defendants' Motion to Seal [Dkt. #300 ]. The Clerk is directed to PERMANENTLY SEAL Docket No. 299. Additionally, the Clerk is directed to UNSEAL Docket Nos. 299-1 and 299- 2. The Court GRANTS IN PART Defendants' Motion to Seal [Dkt. #312 ]. The Clerk is directed to PERMANENTLY SEAL Docket No. 311. Additionally, The Clerk is directed to UNSEAL Docket Nos. 311- 1, 311-2, and 311-4. Defendants' Motion will be maintained under advisement as to permanently sealing Docket No. 311- 3 pending the submission of Defendants' proposed redactions. Defendants' Motion to Seal [Dkt. #335 ] is GRANTED IN PART. The Clerk is directed to PERMANENTLY SEAL Docket No. 334. The Clerk is also directed to UNSEAL Docket Nos. 334-1 and 334-3. Defendants' Motion will be maintained under advisement as to permanently sealing Docket Nos. 334-2 and 334-4 pending the submission of Plaintiffs' proposed redactions. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2019. (SWM)
April 8, 2019 Opinion or Order Filing 387 ORDER ON MOTIONS TO SEAL This matter is before the Court on the parties' pending Motions to Seal. [Dkt. 344; Dkt. 360; Dkt. 367.] Each motion seeks to permanently seal various filings containing confidential information. The Court GRANTS IN PART Plaintiff's Motion to Seal [Dkt. #344 ]. The Clerk is directed to PERMANENTLY SEAL Docket No. 343. Plaintiffs' Motion will be maintained under advisement as to permanently sealing Docket No. 343-1 pending the submission of Defendants' proposed redactions. The Court GRANTS Defendants' Motion to Seal [Dkt. #360 ]. The Clerk is directed to PERMANENTLY SEAL Docket No. 358. Additionally, the Clerk is directed to UNSEAL Docket No. 358-1. The Court GRANTS Plaintiffs' Motion to Seal [Dkt. #367 ]. The Clerk is directed to PERMANENTLY SEAL Docket No. 366. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2019. (SWM)
April 8, 2019 Opinion or Order Filing 386 ORDER ON MOTION TO SEAL: This matter is before the Court on Plaintiffs' Motion to Seal. [Dkt. 292.] Plaintiffs seek to seal their Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions and Exhibits 271, 280, 281, and 283 attached thereto because they include information designated as confidential by the parties under the Court's Protective Order [Dkt. 85]. The Court GRANTS IN PART Plaintiffs' Motion to Seal [Dkt. #292 ]. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 291, 291- 3, and 291-6. The Clerk is directed to UNSEAL Docket Nos. 291-2, 291-5, and 291-7. Plaintiffs' Motion will be maintained under advisement as to permanently sealing Docket No. 291-4 pending the submission of Plaintiffs' proposed redactions. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2019.(SWM)
April 8, 2019 Opinion or Order Filing 385 NOTICE OF WITHDRAWAL OF MOTION, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, re #340 MOTION to Quash Subpoena on Litigation Firm. (Hartz, Blake)
March 25, 2019 Opinion or Order Filing 383 REPLY in Support of Motion re #376 MOTION to Amend/Correct #338 Order on Motion to Limit the Number of Asserted Patent Claims and Amending Case Management Order , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
March 18, 2019 Opinion or Order Filing 382 RESPONSE in Opposition re #376 MOTION to Amend/Correct #338 Order on Motion to Limit the Number of Asserted Patent Claims and Amending Case Management Order , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
March 13, 2019 Opinion or Order Filing 381 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/13/2019. Parties discussed status of discovery. Telephonic Status Conference set for 4/10/2019 at 4:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 4/8/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
March 11, 2019 Opinion or Order Filing 380 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
March 8, 2019 Opinion or Order Filing 378 ORDER: This matter comes before the Court on Plaintiffs' Motion to Compel JM to Reclassify KTS-AR-QC_005064 as Responsive. [Dkt. #342 .] The Court has considered the document in question, as well as the arguments of the parties, and concludes that Plaintiffs' motion should be GRANTED. Defendants are directed to reclassify document KTS-AR- QC_005064 as responsive in the predictive coding process and to formally produce that document to Plaintiffs. With regard to Plaintiffs' motion for its fees in bringing this motion, that request is DENIED. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2019. (SWM)
March 7, 2019 Opinion or Order Filing 377 BRIEF/MEMORANDUM in Support re #376 MOTION to Amend/Correct #338 Order on Motion to Limit the Number of Asserted Patent Claims and Amending Case Management Order , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
March 7, 2019 Opinion or Order Filing 376 MOTION to Amend/Correct #338 Order on Motion to Limit the Number of Asserted Patent Claims and Amending Case Management Order, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
March 4, 2019 Opinion or Order Filing 373 REDACTION to #366 SEALED Document (Case Participants - doc) Plaintiffs' Reply in Support of Motion to Compel by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
March 4, 2019 Opinion or Order Filing 372 BRIEF/MEMORANDUM in Support re #367 MOTION to Maintain Document Under Seal #366 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
March 1, 2019 Opinion or Order Filing 375 ORDER granting #371 Motion to Appear pro hac vice. Attorney Charles Verhoeven for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC., added. If not already registered with the Court's Electronic Filing System, Charles Verhoeven is ordered to register within ten (10) days of the entry of this order. Copy to Charles Verhoeven via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/1/2019. (SWM)
March 1, 2019 Opinion or Order Filing 374 ORDER granting #370 Motion to Appear pro hac vice. Attorney Melissa J. Baily for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Melissa J. Bailey is ordered to register within ten (10) days of the entry of this order. Copy to Melissa J. Baily via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/1/2019. (SWM)
February 28, 2019 Opinion or Order Filing 371 MOTION for Attorney(s) Charles Verhoeven to Appear pro hac vice (Filing fee $100, receipt number 0756-5309336), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Charles Verhoeven, #2 Text of Proposed Order)(Riley, James)
February 28, 2019 Opinion or Order Filing 370 MOTION for Attorney(s) Melissa J. Baily to Appear pro hac vice (Filing fee $100, receipt number 0756-5309290), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Melissa Baily, #2 Text of Proposed Order)(Riley, James)
February 27, 2019 Opinion or Order Filing 369 ORDER granting IN PART Defendants' #202 Motion for Attorney Fees. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 2/27/2019. (SWM)
February 20, 2019 Opinion or Order Filing 368 NOTICE OF EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' WRITTEN DISCOVERY REQUESTS, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Sipiora, David)
February 18, 2019 Opinion or Order Filing 367 MOTION to Maintain Document Under Seal #366 SEALED Document (Case Participants - doc) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
February 18, 2019 Opinion or Order Filing 366 *** SEALED PER ORDER DATED 4/8/2019 (DKT. NUMBER #387 ) *** SEALED Reply in Support, re #342 Motion to Compel, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane) Modified on 4/8/2019 (SWM).
February 15, 2019 Opinion or Order Filing 365 ORDER granting #351 Joint Motion for Continuance; Final Pretrial Conference reset for 12/29/2020 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Jury Trial set for 1/25/2021 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Signed by Judge William T. Lawrence on 2/15/2019. (JDC)
February 13, 2019 Opinion or Order Filing 364 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status Conference held on 2/13/2019. Parties discussed status of discovery. Court discussed need for parties to complete discovery pursuant to current schedule. Defendants were authorized to file motion to compel production of documents by nonparty Guy Farmer. Telephonic Status Conference set for 3/13/2019 at 2:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 3/11/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 13, 2019 Opinion or Order Filing 363 ORDER TO PROVIDE DOCUMENTS FOR IN CAMERA REVIEW: This matter is before the Court on Defendants' Motion for Attorneys' Fees. [Dkt. 202.] Defendants seek an award of reasonable attorneys' fees incurred in pursuing their Motion to Compel [Dkt. 151], which was granted by the Court. To properly evaluate Defendants' Motion, the Court requires an unredacted copy of Attachment 1 to the Declaration of Kevin M. Bell; accordingly, the Court orders Defendants to provide an unredacted version of Attachment 1 [Dkt. 203-2] to the Court for in camera review on or before February 19, 2019. Defendants shall deliver the document to the chambers of Magistrate Judge Dinsmore, Room 257, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Mark J. Dinsmore on 2/13/2019.(SWM)
February 11, 2019 Opinion or Order Filing 362 REDACTION to #358 SEALED Response to Motion Defendants' Opposition to Plaintiffs' Motion to Reclassify KTS-AR-QC_005064 as Responsive by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
February 11, 2019 Opinion or Order Filing 361 BRIEF/MEMORANDUM in Support re #360 MOTION to Maintain Document Under Seal #358 SEALED Response to Motion Defendants' Opposition to Plaintiffs' Motion to Reclassify KTS-AR-QC_005064 as Responsive , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
February 11, 2019 Opinion or Order Filing 360 MOTION to Maintain Document Under Seal #358 SEALED Response to Motion Defendants' Opposition to Plaintiffs' Motion to Reclassify KTS-AR-QC_005064 as Responsive, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
February 11, 2019 Opinion or Order Filing 359 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
February 11, 2019 Opinion or Order Filing 358 *** MAIN DOCUMENT SEALED PER ORDER DATED 4/8/2019 (DOCKET NUMBER #387 ) *** SEALED RESPONSE re #342 MOTION to Compel JM to Reclassify KTS-AR-QC_005064 as Responsive , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: # *** UNSEALED PER DOCKET NO. 387. (1) Exhibit 389 - eShield Specifications Sheet)(Sipiora, David) Modified on 4/8/2019 (SWM). Modified on 6/4/2019 (SWM).
February 11, 2019 Opinion or Order Filing 357 REDACTION to #343 SEALED Document (Case Participants - doc) Knauf's Brief in Support of Motion to Compel JM to Reclassify KTS-AR-AC 005064 as Responsive by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
February 11, 2019 Opinion or Order Filing 356 BRIEF/MEMORANDUM in Support re #344 MOTION to Maintain Document Under Seal #343 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
February 6, 2019 Opinion or Order Filing 355 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Spiro Bereveskos hereby notifies the Clerk of the court of changed contact information. (Bereveskos, Spiro)
February 6, 2019 Opinion or Order Filing 354 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Daniel James Lueders hereby notifies the Clerk of the court of changed contact information. (Lueders, Daniel)
February 6, 2019 Opinion or Order Filing 353 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Blake R. Hartz hereby notifies the Clerk of the court of changed contact information. (Hartz, Blake)
February 5, 2019 Opinion or Order Filing 352 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 2/1/2019. Parties discussed several discovery disputes. Plaintiffs were authorized to file motion to compel with regard to Defendants' response to Plaintiffs' interrogatory no. 37. In-Person Status Conference set for 2/13/2019 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, so discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 2/11/2019. *SEE ORDER FOR ADDITIONAL REQUIREMENTS & DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 4, 2019 Opinion or Order Filing 351 Joint MOTION for Continuance of Trial, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
January 30, 2019 Opinion or Order Filing 350 RESPONSE in Opposition re #340 MOTION to Quash Subpoena on Litigation Firm , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Edward J. Mayle in Support of Defendants' Opposition to Motion to Quash, #2 Exhibit 380 - Subpoena to Guy Farmer, #3 Exhibit 381 - Email exchange between counsel for Defendants and counsel for Plaintiffs, #4 Exhibit 382 - Objections and Responses to Third-Party Subpoena to Guy Farmer, #5 Exhibit 383 - Email exchange between counsel for JM and counsel for Knauf and Farmer, #6 Exhibit 384 - Email exchange between counsel for JM and counsel for Knauf and Farmer, #7 Exhibit 385 - Letter dated 12-21-2018 from counsel for JM to counsel for Knauf and Farmer, #8 Exhibit 386 - Letter dated 1-10-2019 from counsel for Knauf and Farmer to counsel for JM, #9 Exhibit 387 - Letter dated 1-14-2019 from counsel for JM to counsel for Knauf and Farmer, #10 Exhibit 388 - Email exchange between counsel for JM and counsel for Knauf and Farmer)(Sipiora, David)
January 30, 2019 Opinion or Order Filing 349 BRIEF/MEMORANDUM in Support re #335 MOTION to Maintain Document Under Seal #334 SEALED Response to Motion Defendants' Opposition to Plaintiffs' Motion to Strike and Motion to Dismiss Counterclaims III (in part), IV, V, and VI , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Redacted ECF 334 - JM Response to KI Mtn to Dismiss CCs III (in part) IV V and VI and Mtn to Strike)(Hartz, Blake)
January 29, 2019 Opinion or Order Filing 348 MOTION for Oral Argument Regarding Defendants' Renewed Motion for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
January 29, 2019 Opinion or Order Filing 347 REPLY in Support of Motion re #327 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
January 28, 2019 Opinion or Order Filing 346 EXHIBIT re #343 SEALED Document (Case Participants - doc) by All Plaintiffs. (Attachments: #1 Exhibit 379 - Excerpts from Plaintiffs' Requests for Production)(Denton, Duane)
January 28, 2019 Opinion or Order Filing 344 MOTION to Maintain Document Under Seal #343 SEALED Document (Case Participants - doc) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
January 28, 2019 Opinion or Order Filing 343 *** MAIN DOCUMENT UNSEALED PER ORDER DATED 4/8/2019 (DKT. NUMBER #387 ) *** SEALED Brief in Support, re #342 Motion to Compel, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: *** SEALED PER ORDER DATED 4/16/2019 (DKT. NO. #399 ) #1 Exhibit 378 - KTS-AR-QC_005064)(Denton, Duane) Modified on 4/8/2019 (SWM). Modified on 4/17/2019 (SWM).
January 28, 2019 Opinion or Order Filing 342 MOTION to Compel JM to Reclassify KTS-AR-QC_005064 as Responsive, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
January 23, 2019 Opinion or Order Filing 341 REPLY in Support of Motion re #323 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIM COUNTS III (IN PART), IV, V, AND VI, AND MOTION TO STRIKE , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 377 - US Patent No. 3513001)(Bereveskos, Spiro)
January 22, 2019 Opinion or Order Filing 340 MOTION to Quash Subpoena on Litigation Firm, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order Granting Motion to Quash, #2 Exhibit 375 - Subpoena to Woodard, Emhardt, Henry, Reeves & Wagner, LLP, #3 Exhibit 376 - Email extending return date)(Bereveskos, Spiro)
January 22, 2019 Opinion or Order Filing 339 RESPONSE in Opposition re #327 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 292 - U.S. Des. Pat. No. D54,152, #3 Exhibit 293 - U.S. Des. Pat. No. D112,233, #4 Exhibit 294 - U.S. Des. Pat. No. D263,424, #5 Exhibit 295 - U.S. Des. Pat. No. D391,404, #6 Exhibit 296 - U.S. Des. Pat. No. D453,129, #7 Exhibit 297 - U.S. Des. Pat. No. D448,180, #8 Exhibit 298 - U.S. Des. Pat. No. D484,707, #9 Exhibit 299 - U.S. Des. Pat. No. D484,708, #10 Exhibit 300 - U.S. Des. Pat. No. D685,997, #11 Exhibit 301 - U.S. Des. Pat. No. D712,161, #12 Exhibit 302 - U.S. Des. Pat. No. D712,667, #13 Exhibit 303 - U.S. Des. Pat. No. D712,671, #14 Exhibit 304 - U.S. Des. Pat. No. D737,577, #15 Exhibit 305 - U.S. Des. Pat. No. D780,337, #16 Exhibit 306 - U.S. Des. Pat. No. D192.676, #17 Exhibit 307 - U.S. Des. Pat. No. D236,824, #18 Exhibit 308 - U.S. Des. Pat. No. D261,435, #19 Exhibit 309 - U.S. Des. Pat. No. D419,778, #20 Exhibit 310 - U.S. Des. Pat. No. D487,976, #21 Exhibit 311 - U.S. Des. Pat. No. D800,926, #22 Exhibit 312 - U.S. Des. Pat. No. D834,837, #23 Exhibit 313 - U.S. Des. Pat. No. D120,262, #24 Exhibit 314 - U.S. Des. Pat. No. D652,630, #25 Exhibit 315 - U.S. Des. Pat. No. D111,192, #26 Exhibit 316 - U.S. Des. Pat. No. D655,515, #27 Exhibit 317 - U.S. Des. Pat. No. D656,742, #28 Exhibit 318 - U.S. Des. Pat. No. D679,099, #29 Exhibit 319 - U.S. Des. Pat. No. D700,440, #30 Exhibit 320 - U.S. Des. Pat. No. D705,954, #31 Exhibit 321 - U.S. Des. Pat. No. D705,955, #32 Exhibit 322 - U.S. Des. Pat. No. D705,956, #33 Exhibit 323 - U.S. Des. Pat. No. D721,665, #34 Exhibit 324 - U.S. Des. Pat. No. D712,666, #35 Exhibit 325 - U.S. Des. Pat. No. D712,668, #36 Exhibit 326 - U.S. Des. Pat. No. D712,669, #37 Exhibit 327 - U.S. Des. Pat. No. D712,670, #38 Exhibit 328 - U.S. Des. Pat. No. D713,154, #39 Exhibit 329 - U.S. Des. Pat. No. D737,057, #40 Exhibit 330 - U.S. Des. Pat. No. D737,058, #41 Exhibit 331 - U.S. Des. Pat. No. D737,576, #42 Exhibit 332 - U.S. Des. Pat. No. D738,115, #43 Exhibit 333 - U.S. Des. Pat. No. D738,630, #44 Exhibit 334 - U.S. Des. Pat. No. D738,631, #45 Exhibit 335 - U.S. Des. Pat. No. D750,905, #46 Exhibit 336 - U.S. Des. Pat. No. D751,298, #47 Exhibit 337 - U.S. Des. Pat. No. D751,299, #48 Exhibit 338 - U.S. Des. Pat. No. D751,300, #49 Exhibit 339 - U.S. Des. Pat. No. D759,385, #50 Exhibit 340 - U.S. Des. Pat. No. D759,386, #51 Exhibit 341 - U.S. Des. Pat. No. D759,387, #52 Exhibit 342 - U.S. Des. Pat. No. D760,501, #53 Exhibit 343 - U.S. Des. Pat. No. D779,686, #54 Exhibit 344 - U.S. Des. Pat. No. D779,687, #55 Exhibit 345 - U.S. Des. Pat. No. D780,333, #56 Exhibit 346 - U.S. Des. Pat. No. D780,335, #57 Exhibit 347 - U.S. Des. Pat. No. D780,336, #58 Exhibit 348 - U.S. Des. Pat. No. D780,339, #59 Exhibit 349 - U.S. Des. Pat. No. D780,341, #60 Exhibit 350 - U.S. Des. Pat. No. D780,343, #61 Exhibit 351 - U.S. Des. Pat. No. D780,344, #62 Exhibit 352 - U.S. Des. Pat. No. D780,345, #63 Exhibit 353 - U.S. Des. Pat. No. D780,953, #64 Exhibit 354 - U.S. Des. Pat. No. D780,954, #65 Exhibit 355 - U.S. Des. Pat. No. D780,955, #66 Exhibit 356 - U.S. Des. Pat. No. D784,566, #67 Exhibit 357 - U.S. Des. Pat. No. D784,569, #68 Exhibit 358 - U.S. Des. Pat. No. D784,570, #69 Exhibit 359 - U.S. Des. Pat. No. D784,571, #70 Exhibit 360 - U.S. Des. Pat. No. D784,572, #71 Exhibit 361 - U.S. Des. Pat. No. D784,573, #72 Exhibit 362 - U.S. Des. Pat. No. D119,920, #73 Exhibit 363 - U.S. Des. Pat. No. D242,801, #74 Exhibit 364 - U.S. Des. Pat. No. D686,350, #75 Exhibit 365 - U.S. Des. Pat. No. D793,097, #76 Exhibit 366 - U.S. Des. Pat. No. D453,629, #77 Exhibit 367 - U.S. Des. Pat. No. D487,848, #78 Exhibit 368 - U.S. Des. Pat. No. D572,846, #79 Exhibit 369 - U.S. Des. Pat. No. D572,909, #80 Exhibit 370 - U.S. Des. Pat. No. D582,061, #81 Exhibit 371 - U.S. Des. Pat. No. D582,681, #82 Exhibit 372 - U.S. Des. Pat. No. D599,119, #83 Exhibit 373 - U.S. Des. Pat. No. D624,668, #84 Exhibit 374 - U.S. Des. Pat. No. D705,455)(Bereveskos, Spiro)
January 22, 2019 Opinion or Order Filing 338 ORDER ON MOTION TO LIMIT THE NUMBER OF ASSERTED PATENT CLAIMS AND AMENDING CASE MANAGEMENT ORDER: Defendants' motion [Dkt. #289 ] is GRANTED IN PART and DENIED IN PART and a deadline for Plaintiffs to limit the number of asserted patent claims is included in the revised schedule set forth below. This matter is also before the Court on the parties' joint proposal to modify the current case deadlines. [Dkt. #330 .] The parties' proposal is GRANTED IN PART and DENIED IN PART and the Case Management Order [Dkt. #131 ] is hereby amended as follows (SEE ORDER FOR ESTABLISHED DEADLINES AND ADDITIONAL INFORMATION). Signed by Magistrate Judge Mark J. Dinsmore on 1/22/2019. (SWM)
January 22, 2019 Opinion or Order Filing 337 NOTICE of Appearance by Briana Lynn Clark on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Clark, Briana)
January 17, 2019 Opinion or Order Filing 336 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/16/2019. Parties discussed status of discovery. Telephonic Discovery Conference set for 2/1/2019 at 8:45 AM (Eastern Time) to address all pending discovery disputes for which parties have met-and-conferred & have reached an impasse. By 9:00 AM (Eastern) on 1/31/2019, parties are to email Court at MJDinsmore@insd.uscourts.gov, with copy to each other, brief outline of disputes, respective positions on issue(s), discovery requests & responses at issue, and any other documents for Court's review in advance of conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
January 16, 2019 Opinion or Order Filing 335 MOTION to Maintain Document Under Seal #334 SEALED Response to Motion Defendants' Opposition to Plaintiffs' Motion to Strike and Motion to Dismiss Counterclaims III (in part), IV, V, and VI, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
January 16, 2019 Opinion or Order Filing 334 *** MAIN DOCUMENT SEALED PER ORDER DATED 4/9/2019 (DKT. NUMBER #388 ) *** SEALED RESPONSE re #323 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIM COUNTS III (IN PART), IV, V, AND VI, AND MOTION TO STRIKE , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. *** 334-1 and 334-3 UNSEALED PER DKT. NUMBER ( #387 ) *** (Attachments: #1 Declaration of Edward J. Mayle In Support of Defendants' Opposition to Plaintiffs' Motion to Strike and Motion to Dismiss Counterclaims III (in part), IV, V, and VI, # *** SEALED PER ORDER DATED 4/16/2019 (DKT. NO. #398 ) (2) Exhibit 289 - Email chain dated between September 6-7, 2001, #3 Exhibit 290 - Chapter 2000 of the USPTO Manual of Patent Examining Procedure, # *** SEALED PER ORDER DATED 4/16/2019 (DKT. NO. #398 )*** (4) Exhibit 291 - Planning Analysis)(Sipiora, David) Modified on 4/8/2019 (SWM). Modified on 4/17/2019 (SWM). Modified on 4/17/2019 (SWM). Modified on 6/4/2019 (SWM).
January 14, 2019 Opinion or Order Filing 333 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
January 11, 2019 Opinion or Order Filing 331 AMENDED SCHEDULING ORDER (TIME ONLY): This matter is currently set for a Telephonic Status Conference on 1/16/2019 at 5:00 PM. The Court hereby changes the time to 2:00 PM (Eastern Time) on that same date. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 1/11/2019. (GD)
January 10, 2019 Opinion or Order Filing 330 Submission Regarding Proposed Modifications to Case Management Order (Joint), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
January 10, 2019 Opinion or Order Filing 329 NOTICE Of Parties First Extension of Time filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC (Hartz, Blake) Modified on 1/11/2019 (JDC).
January 8, 2019 Opinion or Order Filing 328 BRIEF/MEMORANDUM in Support re #327 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
January 8, 2019 Opinion or Order Filing 327 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
January 4, 2019 Opinion or Order Filing 326 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Spiro Bereveskos hereby notifies the Clerk of the court of changed contact information. Change of Firm Name from Woodard, Emhardt, Moriarty, McNett & Henry, LLP to Woodard, Emhardt, Henry, Reeves & Wagner, LLP (Bereveskos, Spiro)
December 26, 2018 Opinion or Order Filing 324 BRIEF/MEMORANDUM in Support re #323 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIM COUNTS III (IN PART), IV, V, AND VI, AND MOTION TO STRIKE , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
December 26, 2018 Opinion or Order Filing 323 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIM COUNTS III (IN PART), IV, V, AND VI, AND MOTION TO STRIKE, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Bereveskos, Spiro)
December 21, 2018 Opinion or Order Filing 325 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/18/2018. The parties discussed the status of and future plans for discovery. Following a discussion with the parties, Plaintiffs were authorized to (1) move to compel the reclassification of document KTS-AR-QC_005064 into the predictive coding seed set; and (2) move to compel a more complete response to Plaintiffs' Interrogatory No. 4.The parties shall file their proposed modifications to the case schedule on or before January 10, 2019. Telephonic Status Conference set for 1/16/2019 at 5:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Report on Status of Discovery due 1/14/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 19, 2018 Opinion or Order Filing 322 RESPONSE to Motion re #312 MOTION to Maintain Document Under Seal #311 SEALED Document (Case Participants - doc) Defendants' Reply Memorandum of Law in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
December 17, 2018 Opinion or Order Filing 321 REPORT Joint Status Report by All Plaintiffs. (Denton, Duane)
December 12, 2018 Opinion or Order Filing 319 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 12/12/2018. Settlement was not achieved. Court sua sponte enlarges time for parties to file next Supplemental Joint Report on Status of Discovery to and including 12:00 PM (Eastern) on 12/17/2018. Telephonic Status Conference set for 12/18/2018 at 4:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 12, 2018 Opinion or Order Filing 318 NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer filed) (JDH)
December 12, 2018 Opinion or Order Filing 317 NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Amended Complaint) (JDH)
December 10, 2018 Opinion or Order Filing 316 NOTICE of FILING of OFFICIAL TRANSCRIPT of Motions Hearing taken by FTR electronic sound recording held before Magistrate Judge Mark J. Dinsmore on 11-21-18 (Knepley, Jean)
December 10, 2018 Opinion or Order Filing 315 TRANSCRIPT of Motions Hearing recorded by FTR electronic sound recording held on 11-21-18 before Magistrate Judge Mark J. Dinsmore. (40 pages.) Court Reporter/Transcriber: Jean Knepley (Telephone: (317) 696-3565). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 12/31/2018. Release of Transcript Restriction set for 3/11/2019. (Knepley, Jean) Released on 3/11/2019 (SWM).
December 7, 2018 Opinion or Order Filing 314 REDACTION to #311 SEALED Document (Case Participants - doc) Reply Memorandum of Law in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
December 7, 2018 Opinion or Order Filing 313 BRIEF/MEMORANDUM in Support re #312 MOTION to Maintain Document Under Seal #311 SEALED Document (Case Participants - doc) Defendants' Reply Memorandum of Law in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
December 7, 2018 Opinion or Order Filing 312 MOTION to Maintain Document Under Seal #311 SEALED Document (Case Participants - doc) Defendants' Reply Memorandum of Law in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
December 7, 2018 Opinion or Order Filing 311 *** MAIN DOCUMENT SEALED PER ORDER DATED 4/9/2019 (DKT. NUMBER #388 ) *** SEALED Reply Memorandum of Law in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims, re #289 Motion (Other), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. *** 311-1, 311-2, 311-4 UNSEALED PER DOCKET NO ( #388 ). (Attachments: #1 Declaration of Edward J. Mayle In Support of Defendants' Reply Memorandum in Further Support of Defendants' Motion to Limit the Number of Asserted Patent Claims, #2 Exhibit 286 - Plaintiffs' Responses to Defendants' Seventh Set of Interrogatories (Nos. 30-33), # *** SEALED PER ORDER DATED 4/16/2019 (DKT. NO. #397 ) *** (3) Exhibit 287 - Defendants' Sixth Supplemental Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-17), #4 Exhibit 288 - Correspondence from K. Bell to S. Bereveskos dated November 30, 2018)(Sipiora, David) Modified on 4/8/2019 (SWM). Modified on 4/17/2019 (SWM). Modified on 6/4/2019 (SWM).
December 4, 2018 Opinion or Order Filing 310 Defendants ANSWER to #308 Amended Complaint (Fifth), COUNTERCLAIM against KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, filed by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC..(Sipiora, David)
December 3, 2018 Opinion or Order Filing 309 BRIEF/MEMORANDUM in Support re #300 MOTION to Maintain Document Under Seal #299 SEALED Document (Case Participants - doc) Defendants' Reply in Further Support of Defendants' Motion to Compel and Motion for Discovery Sanctions , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Redacted Version of Reply Brief ECF 299, #2 Text of Proposed Order)(Hartz, Blake)
December 3, 2018 Opinion or Order Filing 308 AMENDED COMPLAINT (Fifth) against All Defendants, filed by All Plaintiffs.(Hartz, Blake)
November 30, 2018 Opinion or Order Filing 307 ENTRY ON PENDING MOTIONS - Noting that the Plaintiffs do not oppose this motion and because leave is to be freely given, Fed. R. Civ. P. 15, the Court GRANTS the Defendants' Motion to Amend Answer and Counterclaims. Dkt. No. #229 .The Court ORDERS the Plaintiffs to file a fifth amended complaint omitting Count V and the '652 patent within three days of the date of this Entry. No other changes will be made, and the Plaintiffs will not renumber the counts or remaining paragraphs. The Court further ORDERS the Defendants to file their amended answer, counterclaims, and defenses within seven days of the Plaintiffs' filing of their fifth amended complaint. As a result of these amendments, the Court DENIES AS MOOT the Plaintiffs' Motion to Dismiss for Failure to State a Claim as to Counterclaims 3 (In Part) and 4 Dkt. No. #179 , the Defendants' Motion for Judgment on the Pleadings Dkt. No. #186 , the Defendants' Motion for Judicial Notice Dkt. No. #206 , and the Plaintiffs' Motion to Submit a Supplemental Authority Dkt. No. #252 . Signed by Judge William T. Lawrence on 11/30/2018. (CKM)
November 30, 2018 Opinion or Order Filing 306 RESPONSE in Opposition re #289 MOTION to Limit the Number of Asserted Patent Claims , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
November 26, 2018 Opinion or Order Filing 305 REDACTION to #291 SEALED Document (Case Participants - doc) Exhibit 283 (ECF 291-6) by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
November 26, 2018 Opinion or Order Filing 304 BRIEF/MEMORANDUM in Support re #292 MOTION to Maintain Document Under Seal #291 SEALED Document (Case Participants - doc) Plaintiffs' Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions and Exhibits , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
November 26, 2018 Opinion or Order Filing 303 ORDER granting Defendants' #286 Motion to Seal. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 285-2, 285-3, and 285-7. The Clerk is also directed to UNSEAL Docket Nos. 285, 285-1, 285-4, 285-5, and 285-6. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 11/26/2018. (SWM)
November 21, 2018 Opinion or Order Filing 302 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Hearing held on 11/21/2018 re #284 Defendants' Motion to Compel and Motion for Discovery Sanctions. Argument was heard & Defendants' motion was taken under advisement. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
November 21, 2018 Opinion or Order Filing 301 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/16/2018. Parties discussed status of discovery. Parties are reminded their next Supplemental Joint Report on Status of Discovery is due 12/12/2018. Without objection, Court hereby increases number of interrogatories that may be served by each side to 200.Parties are directed to re-read & comply with all requirements of Court's order scheduling settlement conference. [Dkt. #218 at 1-4.] Signed by Magistrate Judge Mark J. Dinsmore. (GD)
November 19, 2018 Opinion or Order Filing 300 MOTION to Maintain Document Under Seal #299 SEALED Document (Case Participants - doc) Defendants' Reply in Further Support of Defendants' Motion to Compel and Motion for Discovery Sanctions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
November 19, 2018 Opinion or Order Filing 299 *** MAIN DOCUMENT UNSEALED PER ORDER DATED 4/8/2019 (DKT. NUMBER #388 ) *** SEALED Defendants' Reply in Further Support of Defendants' Motion to Compel and Motion for Discovery Sanctions, re #284 Motion to Compel, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: ATTACHMENTS UNSEALED PER (DKT. NUMBER #388 ) *** #1 Declaration of Edward J. Mayle In Support of Defendants' Reply in Further Support of Defendants' Motion to Compel and Motion for Discovery Sanctions, #2 Exhibit 285 - Correspondence from K. Bell to S. Bereveskos dated January 17, 2018)(Sipiora, David) Modified on 4/8/2019 (SWM). Modified on 6/4/2019 (SWM).
November 19, 2018 Opinion or Order Filing 298 ORDER granting #294 Motion for Extension of Time to File Response to 12/3/2018 re [289, 290] MOTION to Limit the Number of Asserted Patent Claims. Signed by Magistrate Judge Mark J. Dinsmore on 11/19/2018. (CBU)
November 15, 2018 Opinion or Order Filing 297 BRIEF/MEMORANDUM in Support re #286 MOTION to Maintain Document Under Seal #285 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law In Support of Defendants' Motion to Compel and Motion for Discovery Sanctions and Exhibits, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Redacted ECF 285-2 Exhibit 265 - Letter from K. Bell to S. Bereveskos dated August 17, 2018, #3 Exhibit Redacted ECF 285-3 Exhibit 266 - Letter from T. Mayle to D. Leuders and R. Denton dated August 29, 2018, #4 Exhibit Redacted ECF 285-7 Exhibit 270 - Compare document between Plaintiffs' Fourth and Fifth Supplementation to Defendants' Interrogatory No. 1)(Hartz, Blake)
November 14, 2018 Opinion or Order Filing 295 REPORT on Status of Discovery (Joint) by All Plaintiffs. (Hartz, Blake)
November 14, 2018 Opinion or Order Filing 294 Unopposed MOTION for Extension of Time to File Response to December 3, 2018 re #289 MOTION to Limit the Number of Asserted Patent Claims , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
November 14, 2018 Opinion or Order Filing 293 BRIEF/MEMORANDUM in Support re #292 MOTION to Maintain Document Under Seal #291 SEALED Document (Case Participants - doc) Plaintiffs' Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions and Exhibits , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Redacted ECF 291, Plaintiffs' Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions, #2 Exhibit Redacted ECF 291-3, Exhibit 280 - Plaintiffs Responses to Defendants Interrogatories No. 1 Sixth Supplementation (November 9, 2018))(Hartz, Blake)
November 14, 2018 Opinion or Order Filing 292 MOTION to Maintain Document Under Seal #291 SEALED Document (Case Participants - doc) Plaintiffs' Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions and Exhibits, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
November 13, 2018 Opinion or Order Filing 291 DKT. NUMBER 291, 291-3 AND 291-6 SEALED PER ORDER DATED 4/8/2019 (Docket Number #386 )*** SEALED Plaintiffs' Response in Opposition to Defendants' Motion to Compel and Motion for Discovery Sanctions, re #285 SEALED Document (Case Participants - doc), #284 Motion to Compel, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 279 - 9-7-2018 Letter from Hartz to Mayle, #3 Exhibit 280 - Plaintiffs Responses to Defendants Interrogatories No. 1 Sixth Supplementation (November 9, 2018), # *** SEALED PER ORDER DATED 4/16/2019 (DKT. #396 ) *** (4) Exhibit 281 - Knauf Plaintiffs Second Privilege Log, #5 Exhibit 282 - US D631,670 S with Certificate of Correction, #6 Exhibit 283 - 11-7-2018 Letter from Bell to Plaintiffs counsel, #7 Exhibit 284 - 11-8-2018 Letter from Bell to Plaintiffs counsel)(Hartz, Blake) Modified on 4/8/2019 *** Docket Nos. 291-2, 29105 and 291-7 UNSEALED Per Docket No. 386. (SWM). Modified on 4/17/2019 (SWM). Modified on 6/4/2019 (SWM).
November 12, 2018 Opinion or Order Filing 290 BRIEF/MEMORANDUM in Support re #289 MOTION to Limit the Number of Asserted Patent Claims , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Declaration of Edward J. Mayle in Support of Motion to Limit the Number of Asserted Patent Claims, #2 Exhibit 272 - Terminal Disclaimer of Patent No. 9,464,207, #3 Exhibit 273 - Terminal Disclaimer of Patent No. 9,828,287, #4 Exhibit 274 - Terminal Disclaimer of Patent No. 9,926,464, #5 Exhibit 275 - Terminal Disclaimer of Patent No. 9,040,652, #6 Exhibit 276 - Terminal Disclaimer of Patent No. 9,469,747, #7 Exhibit 277 - Terminal Disclaimer of Patent No. 9,039,827, #8 Exhibit 278 - Commentary on Best Patent Practices)(Sipiora, David)
November 12, 2018 Opinion or Order Filing 289 MOTION to Limit the Number of Asserted Patent Claims, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
November 6, 2018 Opinion or Order Filing 288 SCHEDULING ORDER: This cause comes before the Court on Defendants' Motion to Compel and Motion for Discovery Sanctions. [Dkt. #284 .] Any response to the Motion is due on or before November 13, 2018. Any reply in support of the Motion is due on or before November 19, 2018. This matter is set for a hearing on the above- noted Motion on Wednesday, November 21, 2018 at 10:00 a.m. (Eastern) in Courtroom 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Mark J. Dinsmore on 11/6/2018.(SWM)
November 2, 2018 Opinion or Order Filing 287 Submission of Proposed Order , re #286 MOTION to Maintain Document Under Seal #285 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law In Support of Defendants' Motion to Compel and Motion for Discovery Sanctions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
November 1, 2018 Opinion or Order Filing 286 MOTION to Maintain Document Under Seal #285 SEALED Document (Case Participants - doc) Defendants' Memorandum of Law In Support of Defendants' Motion to Compel and Motion for Discovery Sanctions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
November 1, 2018 Opinion or Order Filing 285 SEALED Memorandum of Law In Support of Defendants' Motion to Compel and Motion for Discovery Sanctions, re #284 Motion to Compel, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. *** 285-2, 285-3 AND 285-7 SEALED PER ORDER DATED 11/27/2018 *** (Attachments: #1 Declaration of Edward J. Mayle In Support of Defendants' Motion to Compel and Motion for Sanctions, #2 Exhibit 265 - Letter from K. Bell to S. Bereveskos dated August 17, 2018, #3 Exhibit 266 - Letter from T. Mayle to D. Leuders and R. Denton dated August 29, 2018, #4 Exhibit 267 - Letter from B. Hartz to K. Bell dated August 30, 2018, #5 Exhibit 268 - Letter from T. Mayle to D. Lueders and R. Denton dated September 7, 2018, #6 Exhibit 269 - Email from T. Mayle to B. Hartz dated October 2, 2018, #7 Exhibit 270 - Compare document between Plaintiffs' Fourth and Fifth Supplementation to Defendants' Interrogatory No. 1)(Sipiora, David) Modified on 11/26/2018 (SWM).
November 1, 2018 Opinion or Order Filing 284 MOTION to Compel and Motion for Discovery Sanctions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
November 1, 2018 Opinion or Order Filing 283 ENTRY REFERRING MOTION TO MAGISTRATE JUDGE - United States Magistrate Judge Mark J. Dinsmore is hereby designated pursuant to 28 U.S.C. sec 636(b)(1)(B) to issue a report and recommendation regarding the appropriate disposition of the Defendants' motion for attorneys' fees Dkt. No. #202 . Signed by Judge William T. Lawrence on 11/1/2018.(JDC)
October 22, 2018 Opinion or Order Filing 282 TRANSCRIPT of FTR recording of Motion to Modify Case Management Order held on 09/21/18 before Magistrate Judge Mark J. Dinsmore. (38 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 11/13/2018. Release of Transcript Restriction set for 1/22/2019. (Howie-Walters, Laura) Released on 1/22/2019 (SWM).
October 22, 2018 Opinion or Order Filing 281 NOTICE of FILING of OFFICIAL TRANSCRIPT from FTR recording of Motion to Modify Case Management Order held before Magistrate Judge Mark J. Dinsmore on 09/21/18 (Howie-Walters, Laura)
October 19, 2018 Opinion or Order Filing 280 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/19/2018. Parties discussed status of discovery. Parties were authorized to file motions to compel with regard to discovery disputes set forth in Section III of October 17, 2018 Joint Report on Status of Discovery. [Dkt. #278 at 5-11.] Telephonic Status Conference set for 11/16/2018 at 11:15 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 11/14/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 19, 2018 Opinion or Order Filing 279 MARGINAL ORDER - Acknowledged on 10/19/2018. Dkt. No. #154 is denied as moot. Signed by Judge William T. Lawrence on 10/19/2018. (APD)
October 17, 2018 Opinion or Order Filing 278 REPORT on Status of Discovery (Joint) by All Plaintiffs. (Hartz, Blake)
October 17, 2018 Opinion or Order Filing 276 NOTICE of Withdrawal of Defendants' Second Motion to Stay Pending Inter Partes Review, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., re #154 MOTION to Stay Defendants Second Motion to Stay Pending Inter Partes Review. (Sipiora, David)
October 16, 2018 Opinion or Order Filing 277 ORDER granting Plaintiffs' #271 Motion to Reconsider. The Clerk is directed to PERMANENTLY SEAL Docket No. 230-5. The Clerk is further directed to immediately unseal Docket Nos. 230, 230- 1 through 230-4, 230-6, and 230-8 for the reasons set forth in the Court's prior order. [Dkt. #268 at 4.]. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/16/2018. (SWM) Modified on 10/17/2018 (SWM).
October 16, 2018 Opinion or Order Filing 275 Submission (Supplemental) Regarding Defendants' Second Motion to Stay Pending Inter Partes Review [ECF 154], filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 261 - Board's Decision Denying Institution of 747 IPR, #2 Exhibit 262 - Board's Decision Denying Institution of 287 IPR, #3 Exhibit 263 - Board's Decision Denying Institution of 207 IPR, #4 Exhibit 264 - Board's Decision Denying Institution of 464 IPR)(Lueders, Daniel)
October 11, 2018 Opinion or Order Filing 273 Statement of Non-Opposition to Plaintiff's Motion for Reconsideration of Court Order Dated September 19, 2018 (Dkt. 268) by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
October 2, 2018 Opinion or Order Filing 272 REDACTION to #230 SEALED Document (Case Participants - doc) EXHIBIT 161 (ECF 230-5) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
October 2, 2018 Opinion or Order Filing 271 MOTION for Reconsideration re #268 Order on Motion to Seal/Maintain Under Seal Document RE EXHIBIT 161 (ECF 230-5), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
September 26, 2018 Opinion or Order Filing 270 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: HEARING & IN PERSON STATUS CONFERENCE held on 9/21/2018. Parties discussed status of discovery. Court & parties also addressed #254 Plaintiffs' Motion to Modify Case Management Order. For reasons set forth more fully on record of hearing, that motion is GRANTED IN PART & DENIED IN PART. Parties shall include deadline for disclosure of opinions of counsel that will be offered as evidence in their proposed revised Case Management Plan, which is anticipated to be filed once electronic discovery has been further developed. Telephonic Status Conference set for 10/19/2018 at 9:00 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 10/17/2018. which is due by October 17, 2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
September 21, 2018 Opinion or Order Filing 269 ORDER granting Plaintiffs' #248 Motion to Maintain Document Under Seal; granting Defendants' #251 Motion to Maintain Document Under Seal. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 247 and 250. Signed by Magistrate Judge Mark J. Dinsmore on 9/21/2018. (SWM)
September 20, 2018 Opinion or Order Filing 267 ORDER granting #240 Motion for Reconsideration re #174 SEALED Response. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 174 and 174-6. Signed by Magistrate Judge Mark J. Dinsmore on 9/20/2018. (CBU)
September 19, 2018 Opinion or Order Filing 268 ORDER granting #210 Motion to Maintain Document Under Seal #209 SEALED Document; granting in part and denying in part #231 Motion to Maintain Document Under Seal #230 SEALED Document; denying #235 Motion to Maintain Document Under Seal #234 SEALED Reply in support of Motion. (See Order for special details). Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2018. (MAC)
September 19, 2018 Opinion or Order Filing 266 REPORT on Status of Discovery (Joint) by All Plaintiffs. (Hartz, Blake)
September 18, 2018 Opinion or Order Filing 265 REDACTION to #250 SEALED Document (Case Participants - doc) Exhibit 192 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 18, 2018 Opinion or Order Filing 264 BRIEF/MEMORANDUM in Support re #251 MOTION to Maintain Document Under Seal #250 SEALED Document (Case Participants - doc) Exhibit 192 - Defendants' Third Supplemental Objections and Responses to Plaintiffs' Third Set of Interrogatories (Nos. 19-25, 29-31) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
September 17, 2018 Opinion or Order Filing 263 REDACTION to #246 Contentions Exhibit 191 - Plaintiffs' Responses to Defendants' Third Set of Interrogatories (No. 14) Fourth Supplement by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
September 17, 2018 Opinion or Order Filing 262 BRIEF/MEMORANDUM in Support re #248 MOTION to Maintain Document Under Seal #247 SEALED Document (Case Participants - doc) Exhibit 191 - Response to Interrogatory No. 14 Fourth Supp. , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
September 17, 2018 Opinion or Order Filing 261 REPLY in Support of Motion re #252 MOTION to Submit Supplemental Authority Supporting Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 12, 2018 Opinion or Order Filing 260 RESPONSE to Motion re #240 MOTION for Reconsideration re #220 Order on Motion to Seal/Maintain Under Seal Document Re ECF No. 174 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 11, 2018 Opinion or Order Filing 259 REPLY in Support of Motion re #254 MOTION to Modify Case Management Order , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
September 10, 2018 Opinion or Order Filing 258 SCHEDULING ORDER: This cause comes before the Court on Plaintiffs' Motion to Modify Case Management Order. [Dkt. #254 .] Any response to the Motion is due on or before September 17, 2018. Any reply in support of the Motion is due on or before September 19, 2018. This matter is set for a hearing on the above-noted Motion on Friday, September 21, 2018 at 4:20 p.m. (Eastern) in Courtroom 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, to be held in conjunction with the in person status conference scheduled for the same date and time. Signed by Magistrate Judge Mark J. Dinsmore on 9/10/2018.(SWM)
September 10, 2018 Opinion or Order Filing 257 AMENDED SCHEDULING ORDER: This matter is currently scheduled for a telephonic Status Conference on Friday, September 21, 2018 at 4:30 p.m. The Court hereby changes the time to 4:20 p.m. (Eastern) and CONVERTS it to an in person status conference in Courtroom 243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. All other requirements of the Court's orders dated August 16, 2018 and September 6, 2018 [Dkts. #238 & #253 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 9/10/2018.(SWM)
September 10, 2018 Opinion or Order Filing 256 RESPONSE in Opposition re #254 MOTION to Modify Case Management Order , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A - Email from K. Bell to D. Lueders dated Sept. 6, 2018)(Sipiora, David)
September 10, 2018 Opinion or Order Filing 255 RESPONSE in Opposition re #252 MOTION to Submit Supplemental Authority Supporting Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
September 7, 2018 Opinion or Order Filing 254 MOTION to Modify Case Management Order, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Lueders, Daniel)
September 6, 2018 Opinion or Order Filing 253 AMENDED SCHEDULING ORDER: The Court sua sponte hereby RESCHEDULES the telephonic Status Conference currently scheduled for September 12, 2018 at 5:00 p.m. (Eastern) to Friday, September 21, 2018 at 4:30 p.m. (Eastern). In addition, the parties' next Supplemental Joint Report on the Status of Discovery shall be due on or before September 19, 2018. All other requirements of the Court's order dated August 16, 2018 [Dkt. #238 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 9/6/2018.(SWM)
September 5, 2018 Opinion or Order Filing 252 MOTION to Submit Supplemental Authority Supporting Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit A, [Proposed] Supplemental Authority, #2 Text of Proposed Order)(Lueders, Daniel)
September 4, 2018 Opinion or Order Filing 251 MOTION to Maintain Document Under Seal #250 SEALED Document (Case Participants - doc) Exhibit 192 - Defendants' Third Supplemental Objections and Responses to Plaintiffs' Third Set of Interrogatories (Nos. 19-25, 29-31), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
September 4, 2018 Opinion or Order Filing 250 *** SEALED PER ORDER DATED 9/21/2018 *** SEALED Exhibit 192 - Defendants' Third Supplemental Objections and Responses to Plaintiffs' Third Set of Interrogatories (Nos. 19-25, 29-31), re #249 Contentions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David) Modified on 9/24/2018 (SWM).
September 4, 2018 Opinion or Order Filing 249 CONTENTIONS Defendants' Invalidity Contentions by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC... (Sipiora, David)
September 4, 2018 Opinion or Order Filing 248 *** SEALED PER ORDER DATED 9/21/2018 *** MOTION to Maintain Document Under Seal #247 SEALED Document (Case Participants - doc) Exhibit 191 - Response to Interrogatory No. 14 Fourth Supp., filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake) Modified on 9/24/2018 (SWM). Modified on 9/24/2018 (SWM).
September 4, 2018 Opinion or Order Filing 247 SEALED Exhibit 191 - Response to Interrogatory No. 14 Fourth Supp., re #246 Contentions, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 4, 2018 Opinion or Order Filing 246 CONTENTIONS - Plaintiffs' Infringement Contentions by All Plaintiffs.. (Hartz, Blake)
September 4, 2018 Opinion or Order Filing 245 REPLY in Support of Motion re #229 MOTION to Amend/Correct #172 Answer to Amended ComplaintCounterclaim , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 30, 2018 Opinion or Order Filing 244 BRIEF/MEMORANDUM in Support re #231 MOTION to Maintain Document Under Seal #230 SEALED Document (Case Participants - doc) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order on Motion to Seal, #2 Exhibit 163 (Redacted) - Pltfs.' Resp. Interrog. 1 4th Supp., #3 Exhibit 165 (Redacted) - Pltfs.' Resp. Interrog. 1 3d Supp., #4 Exhibit 166 (Redacted) - Pltfs. Resp. Interrogs. 3, 4, 5, 8, 9 1st Supp.)(Hartz, Blake)
August 30, 2018 Opinion or Order Filing 243 NOTICE of Knauf's Statement Authorizing Unsealing of JM's Reply, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, re #234 SEALED Reply in support of Motion, #235 MOTION to Maintain Document Under Seal #234 SEALED Reply in support of Motion for Judicial Notice of Appellate Transcript of Related Proceedings Involving U.S. Design Patent No. D631,670. (Denton, Duane)
August 29, 2018 Opinion or Order Filing 242 REDACTION to #174 SEALED Response to Motion to Dismiss Count V of the Fourth Amended Complaint, Exhibit 108 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 29, 2018 Opinion or Order Filing 241 REDACTION to #174 SEALED Response to Motion to Dismiss Count V of the Fourth Amended Complaint by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 29, 2018 Opinion or Order Filing 240 MOTION for Reconsideration re #220 Order on Motion to Seal/Maintain Under Seal Document Re ECF No. 174, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
August 28, 2018 Opinion or Order Filing 239 RESPONSE to Motion re #229 MOTION to Amend/Correct #172 Answer to Amended ComplaintCounterclaim , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit A - email string between Lueders and Bell)(Lueders, Daniel)
August 17, 2018 Opinion or Order Filing 237 ORDER granting #228 Motion to Appear pro hac vice. Attorney Travis D. Whitsitt for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. If not already registered with the Court's Electronic Filing System, Travis D. Whitsitt is ordered to register within ten (10) days of the entry of this order. Copy to Travis D. Whitsitt via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 8/17/2018. (SWM)
August 17, 2018 Opinion or Order Filing 236 REDACTION to #234 SEALED Reply in support of Motion for Judicial Notice of Appellate Transcript of Related Proceedings Involving U.S. Design Patent No. D631,670 by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 17, 2018 Opinion or Order Filing 235 MOTION to Maintain Document Under Seal #234 SEALED Reply in support of Motion for Judicial Notice of Appellate Transcript of Related Proceedings Involving U.S. Design Patent No. D631,670, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
August 17, 2018 Opinion or Order Filing 234 SEALED REPLY in support of Motion re #206 MOTION for Judicial Notice of Appellate Transcript of Related Proceedings Involving U.S. Design Patent No. D631,670 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 17, 2018 Opinion or Order Filing 233 Submission of Proposed Order , re #231 MOTION to Maintain Document Under Seal #230 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 17, 2018 Opinion or Order Filing 232 Submission of Proposed Order , re #229 MOTION to Amend/Correct #172 Answer to Amended ComplaintCounterclaim , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 16, 2018 Opinion or Order Filing 238 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/15/2018. Parties discussed status of discovery & a number of discovery issues that have arisen. Parties shall request telephonic conference with Magistrate Judge if any of their discovery disputes reach an impasse. Telephonic Status Conference set for 9/12/2018 at 5:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 9/10/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 16, 2018 Opinion or Order Filing 231 MOTION to Maintain Document Under Seal #230 SEALED Document (Case Participants - doc) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 16, 2018 Opinion or Order Filing 230 SEALED Memorandum of Law In Support of Defendants Motion to Amend Answer and Counterclaims, re #229 Motion to Amend/Correct, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A - Declaration of Edward J. Mayle, #2 Exhibit 158 - Redline showing JM proposed Amended Answer and Counterclaims, #3 Exhibit 159 - Jackson Declaration for Utility or Design Application, #4 Exhibit 160 - Plaintiffs' Responses to Defendants' First Set of Interrogatories (Nos. 1-12), #5 Exhibit 161 - Plaintiffs' Responses to Defendants' Interrogatories Nos. 1, 2, and 6 First Supplementation, #6 Exhibit 162 - Plaintiffs' Responses to Defendants' Interrogatories No. 1 Second Supplementation, *** CERTAIN DOCUMENTS SEALED AND UNSEALED PER ORDER DATED 10/16/2017 - Dkt. [277 *** #7 Exhibit 163 - Plaintiffs' Responses to Defendants' Interrogatories No. 1 Fourth Supplementation***ORDERED SEALED PER #168 *** , #8 Exhibit 164 - Plaintiffs' Request for Certificate of Correction, #9 Exhibit 165 - Plaintiffs' Responses to Defendants' Interrogatories No. 1 Third Supplementation***ORDERED SEALED PER #168 *** , #10 Exhibit 166 - Plaintiffs' Responses to Defendants' Interrogatories Nos. 3, 4, 5, 8, 9 First Supplementation)***ORDERED SEALED PER #168 ***(Sipiora, David) Modified on 9/21/2018 (MAC). Modified on 10/17/2018 (SWM).
August 16, 2018 Opinion or Order Filing 229 MOTION to Amend/Correct #172 Answer to Amended ComplaintCounterclaim , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 16, 2018 Opinion or Order Filing 228 MOTION for Attorney(s) Travis D. Whitsitt to Appear pro hac vice (Filing fee $100, receipt number 0756-5021060), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Travis D. Whitsitt, #2 Text of Proposed Order)(Riley, James)
August 15, 2018 Opinion or Order Filing 227 REDACTION to #209 SEALED Document (Case Participants - doc) Exhibit G - Plaintiffs' Responses to Defendants' Third Set of Interrogatories (No. 14) Second Supplement by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 15, 2018 Opinion or Order Filing 226 REDACTION to #209 SEALED Document (Case Participants - doc) Exhibit E - Defendants' First Supplemental Objections and Responses to Plaintiffs' Third Set of Interrogatories (Nos. 19-31) by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 15, 2018 Opinion or Order Filing 225 BRIEF/MEMORANDUM in Support re #210 MOTION to Maintain Document Under Seal #209 SEALED Document (Case Participants - doc) (Partially Unopposed) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 13, 2018 Opinion or Order Filing 224 STATUS REPORT (Joint) by All Plaintiffs. (Denton, Duane)
August 10, 2018 Opinion or Order Filing 222 RESPONSE in Opposition re #206 MOTION for Judicial Notice of Appellate Transcript of Related Proceedings Involving U.S. Design Patent No. D631,670 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 157 - Knauf Appellate Principal Brief)(Lueders, Daniel)
August 9, 2018 Opinion or Order Filing 220 ORDER denying Plaintiffs' #175 Motion to Maintain Document Under Seal. The Clerk is directed to UNSEAL Docket Nos. 174, 174-1, 174-2, 174-3, 174-4, 174-5, 174-6, and 174- 7 on or after August 31, 2018, absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or a further order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 8/9/2018. (SWM)
August 8, 2018 Opinion or Order Filing 221 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 8/8/2018. Court & parties discussed Defendants' issues with Plaintiffs' responses to Defendants' Interrogatory No. 1. Defendants were authorized to file motion for sanctions with regard to those responses if Defendants believe such motion is proper. Telephonic Status Conference set for 8/15/2018 [Dkt. #204 at 1] remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 8, 2018 Opinion or Order Filing 219 REPLY in Support of Motion re #202 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(A) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
August 6, 2018 Opinion or Order Filing 218 SCHEDULING ORDER: Settlement Conference set for 12/12/2018 09:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. On or before five (5) business days before the settlement conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 8/6/2018.(SWM)
August 6, 2018 Opinion or Order Filing 217 ORDER granting Plaintiffs' #216 Motion to Withdraw ECF 214. The Clerk is directed to show Docket No. 214 as WITHDRAWN from the docket and to permanently SEAL Docket No. 214. Signed by Magistrate Judge Mark J. Dinsmore on 8/6/2018. (SWM)
August 2, 2018 Opinion or Order Filing 216 Unopposed MOTION to Withdraw #214 Redacted Document , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
August 2, 2018 Opinion or Order Filing 215 Submission Replacement REDACTED Exhibit F - Knaufs Fourth Supplemental Response to Interrogatory No. 1 (replacement for ECF 214), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
August 1, 2018 Opinion or Order Filing 214 *** WITHDRAWN AND SEALED PER ORDER DATED 8/6/2018 *** REDACTION to #209 SEALED Document (Case Participants - doc) Exhibit F - Knaufs Fourth Supplemental Response to Interrogatory No. 1 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane) Modified on 8/6/2018 (SWM).
August 1, 2018 Opinion or Order Filing 213 REDACTION to #209 SEALED Document (Case Participants - doc) Exhibit B - Redline of Knaufs Third to Fourth Supplemental Response to Interrogatory No. 1 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
August 1, 2018 Opinion or Order Filing 212 REDACTION to #209 SEALED Document (Case Participants - doc) Exhibit A - Redline of Knaufs Second to Third Supplemental Response to Interrogatory No. 1 by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
August 1, 2018 Opinion or Order Filing 211 BRIEF/MEMORANDUM in Support re #210 MOTION to Maintain Document Under Seal #209 SEALED Document (Case Participants - doc) (Partially Unopposed) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
August 1, 2018 Opinion or Order Filing 210 MOTION to Maintain Document Under Seal #209 SEALED Document (Case Participants - doc) (Partially Unopposed), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
August 1, 2018 Opinion or Order Filing 209 SEALED Exhibits A, B, E, F, and G to ***MAIN DOCUMENT UNSEALED PER #168 ***, re #202 Response in Opposition to Motion, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. ***ORDERED SEALED PER #168 *** (Attachments: #1 Exhibit A - Redline of Knaufs Second to Third Supplemental Response to Interrogatory No. 1, #2 Exhibit B - Redline of Knaufs Third to Fourth Supplemental Response to Interrogatory No. 1, #3 Exhibit E - JMs First Supplemental Objections and Responses to Plaintiffs Third Set of Interrogatories (Nos. 19-31), #4 Exhibit F - Knaufs Fourth Supplemental Response to Interrogatory No. 1, #5 Exhibit G - Knaufs Second Supplemental Response to Interrogatory No. 14)(Denton, Duane) Modified on 8/8/2018 (JDC). Modified on 9/21/2018 (MAC).
August 1, 2018 Opinion or Order Filing 208 RESPONSE in Opposition re #202 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(A) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit C - Excerpt from the AIPLA Report of the Economic Survey 2013, #2 Exhibit D - Declaration of Daniel J. Lueders., #3 Exhibit H - Chronological Billing Entries with Breakdown of Pro-Rated Hours, #4 Exhibit I - Chart of Hours By Event, #5 Exhibit J - Email from Denton to Bell Summarizing Call (March 6, 2018))(Denton, Duane)
July 27, 2018 Opinion or Order Filing 207 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME - Plaintiffs' filed their Unopposed Motion for Extension of Time (ECF 205) requesting three additional business days to respond to Defendants' Motion for Attorneys' Fees Pursuant to Rule 37(a)(5)(A) (ECF 202). The Court finds that good cause exist and GRANTS Plaintiffs' motion. It is hereby ORDERED that Plaintiffs' deadline for responding to Defendants' motion for fees is extended to August 1, 2018. Signed by Judge William T. Lawrence on 7/27/2018. (JDC)
July 27, 2018 Opinion or Order Filing 206 MOTION for Judicial Notice of Appellate Transcript of Related Proceedings Involving U.S. Design Patent No. D631,670, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A-Appellate Transcript, #2 Text of Proposed Order)(Sipiora, David)
July 26, 2018 Opinion or Order Filing 205 Unopposed MOTION for Extension of Time to File Response to 8/01/2018 re #202 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(A) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
July 16, 2018 Opinion or Order Filing 204 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 7/13/2018. The Court and parties discussed a number of discovery disputes between the parties. The parties were authorized to file motions to compel regarding all issues addressed during the conference if unable to resolve those disputes in light of the guidance provided. Telephonic Status Conference set for 8/15/2018 at 5:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. (See Entry.) Signed by Magistrate Judge Mark J. Dinsmore. (BRR)
July 13, 2018 Opinion or Order Filing 203 BRIEF/MEMORANDUM in Support re #202 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(A) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A-Declaration of Kevin M. Bell, #2 Attachment 1 to Declaration of Kevin M. Bell)(Sipiora, David)
July 13, 2018 Opinion or Order Filing 202 MOTION for Attorney Fees Pursuant to Rule 37(a)(5)(A), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
July 9, 2018 Opinion or Order Filing 200 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/5/2018. Parties discussed status of discovery. Telephonic Discovery Conference set for 7/13/2018 at 3:45 PM (Eastern). In advance of conference, parties are ordered to meet-and-confer regarding all pending discovery disputes. By no later than 11:00 AM (Eastern) on 7/12/2018, parties are ordered to provide Magistrate Judge (by email to MJDinsmore@insd.uscourts.gov) with copies of all discovery requests and responses that remain in dispute, along with any other documents parties would like Court to review in advance of conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
July 2, 2018 Opinion or Order Filing 199 REPORT on Status of Discovery (Joint) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
June 28, 2018 Opinion or Order Filing 197 ORDER granting Defendants' #151 Motion to Compel. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 6/28/2018. (SWM)
June 27, 2018 Opinion or Order Filing 196 REPLY in Support of Motion re #186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
June 21, 2018 Opinion or Order Filing 195 ORDER withdrawing Plaintiffs' #190 Motion for Extension of Time to File Response re #186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid; granting Plaintiff's #193 Motion to Withdraw Dkt. Number 190. Signed by Magistrate Judge Mark J. Dinsmore on 6/21/2018. (SWM)
June 20, 2018 Opinion or Order Filing 194 Submission of Notice of Manual Filing of Exhibit 139. (JDC)
June 20, 2018 Opinion or Order Filing 193 MOTION to Withdraw #190 Unopposed MOTION for Extension of Time to File Response to 6/27/2018 re #186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
June 20, 2018 Opinion or Order Filing 192 NOTICE of Filing (MANUAL FILING OF EXHIBIT 139, CERTIFIED COPY OF U.S. PATENT NO. D631,670) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC (Hartz, Blake)
June 20, 2018 Opinion or Order Filing 191 RESPONSE in Opposition re #186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 137 - Declaration of James Worden (IPR2015-01453 Exhibit 2008), #3 Exhibit 138 - Declaration of Charles Appley, #4 Exhibit 139 - Manual Filing of Exhibit 139)(Bereveskos, Spiro)
June 19, 2018 Opinion or Order Filing 190 *** WITHDRAWN PER ORDER DATED 6/21/2018 *** Unopposed MOTION for Extension of Time to File Response to 6/27/2018 re #186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake) Modified on 6/22/2018 (SWM).
June 19, 2018 Opinion or Order Filing 189 STIPULATION and Motion Regarding Count V of the Fourth Amended Complaint, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
June 11, 2018 Opinion or Order Filing 188 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/7/2018. Parties discussed status of discovery. Telephonic Status Conference set for 7/5/2018 at 4:20 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 7/2/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
June 6, 2018 Opinion or Order Filing 187 BRIEF/MEMORANDUM in Support re #186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A: Declaration of Edward J. Mayle, #2 Exhibit 125 - D670 prosecution (IPR Exhibit 1002), #3 Exhibit 126 - Final Written Decision in IPR, #4 Exhibit 127 - Decision Granting Institution in IPR, #5 Exhibit 128 - Decision Granting Institution, #6 Exhibit 129 - Chemistry of Browning, #7 Exhibit 130 - MPEP (1948 version), #8 Exhibit 131 - MPEP 1502 (current version), #9 Exhibit 132 - Webster's definition of design, #10 Exhibit 133 - Webster's definition of design (1950), #11 Exhibit 134 - Webster's definition of design (1828), #12 Exhibit 135 - Webster's definition of definite, #13 Exhibit 136 - Webster's definition of random)(Sipiora, David)
June 6, 2018 Opinion or Order Filing 186 MOTION for Judgment on the Pleadings that U.S. Patent No. D631,670 does not Claim a Statutory "Design" Under 35 U.S.C. Section 171 and is Invalid, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
June 5, 2018 Opinion or Order Filing 185 REPLY in Support of Motion re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS 3 (IN PART) AND 4 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 121, IDS considered 1/25/18, #3 Exhibit 122, IDS (other docs) considered 5/15/17, #4 Exhibit 123, IDS & NOA considered 1/25/18, #5 Exhibit 124, CAFC Gen. Dkt. 4/12/18)(Hartz, Blake)
June 4, 2018 Opinion or Order Filing 184 STATUS REPORT (JOINT) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
May 29, 2018 Opinion or Order Filing 182 RESPONSE in Opposition re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS 3 (IN PART) AND 4 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A: Declaration of Edward J. Mayle, #2 Exhibit 111, #3 Exhibit 112, #4 Exhibit 113, #5 Exhibit 114, #6 Exhibit 115, #7 Exhibit 116, #8 Exhibit 117, #9 Exhibit 118, #10 Exhibit 119, #11 Exhibit 120)(Sipiora, David)
May 14, 2018 Opinion or Order Filing 181 REPLY in Support of Motion re #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count V of the Fourth Amended Complaint (Re U.S. Patent No. 9,040,652) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
May 14, 2018 Opinion or Order Filing 180 BRIEF/MEMORANDUM in Support re #179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS 3 (IN PART) AND 4 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 110 - Excerpt from File History for 464 Patent)(Hartz, Blake)
May 14, 2018 Opinion or Order Filing 179 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS TO COUNTERCLAIMS 3 (IN PART) AND 4, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Hartz, Blake)
May 9, 2018 Opinion or Order Filing 178 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/9/2018. Parties discussed status of discovery. Telephonic Status Conference set for 6/7/2018 at 12:30 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 6/4/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
May 8, 2018 Opinion or Order Filing 177 Submission of Proposed Order , re #175 MOTION to Maintain Document Under Seal #174 SEALED Response to Motion TO DISMISS FOR FAILURE TO STATE A CLAIM Count V of the Fourth Amended Complaint (Re U.S. Patent No. 9,040,652), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
May 7, 2018 Opinion or Order Filing 176 REPORT ON STATUS OF DISCOVERY (JOINT) [MAY 7, 2018] by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
May 7, 2018 Opinion or Order Filing 175 MOTION to Maintain Document Under Seal #174 SEALED Response to Motion TO DISMISS FOR FAILURE TO STATE A CLAIM Count V of the Fourth Amended Complaint (Re U.S. Patent No. 9,040,652), filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
May 7, 2018 Opinion or Order Filing 174 SEALED RESPONSE re #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count V of the Fourth Amended Complaint (Re U.S. Patent No. 9,040,652) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. CERTAIN ATTACHMENTS UNSEALED PER DOCKET NO. #220 *** (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 104, #3 Exhibit 105, #4 Exhibit 106, #5 Exhibit 107, #6 Exhibit 108, #7 Exhibit 109)(Lueders, Daniel) ***Modified on 9/20/2018 (CBU)(174 and 174-6 are PERMANENTLY SEALED per order of 9/20/2018*** Modified on 12/17/2018 (SWM).
April 23, 2018 Opinion or Order Filing 172 Defendants ANSWER to #161 Amended Complaint (Fourth), COUNTERCLAIM against KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, filed by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC..(Sipiora, David)
April 23, 2018 Opinion or Order Filing 171 BRIEF/MEMORANDUM in Support re #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count V of the Fourth Amended Complaint (Re U.S. Patent No. 9,040,652) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
April 23, 2018 Opinion or Order Filing 170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count V of the Fourth Amended Complaint (Re U.S. Patent No. 9,040,652), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Proposed Order)(Sipiora, David)
April 23, 2018 Opinion or Order Filing 169 REPLY in Support of Motion re #151 MOTION to Compel Response to Interrogatory No. 1 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
April 20, 2018 Opinion or Order Filing 168 REPLY in Support of Motion re #154 MOTION to Stay Defendants Second Motion to Stay Pending Inter Partes Review , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
April 18, 2018 Opinion or Order Filing 167 ORDER granting Defendants' #162 Motion to Modify Case Management Order. See Order for established deadlines. Signed by Magistrate Judge Mark J. Dinsmore on 4/18/2018.(SWM)
April 16, 2018 Opinion or Order Filing 166 RESPONSE in Opposition re #151 MOTION to Compel Response to Interrogatory No. 1 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 98 - JM Obj and Resp to Knauf Interrogs 19-31 REDACTED, #3 Exhibit 99 - JM Suppl Resp to Knauf Interrogatories 1-7, #4 Exhibit 100- Knauf Resp to Interrogatories 3 4 5 8 and 9-1st supp REDACTED, #5 Exhibit 101 - KI1004598-KI1004600 REDACTED)(Hartz, Blake)
April 16, 2018 Opinion or Order Filing 165 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/11/2018. Parties discussed status of discovery. Plaintiffs' counsel confirmed that Plaintiffs do not oppose Defendants' Motion to Modify Case Management Order #162 , which Court will address by separate order. Telephonic Status Conference set for 5/9/2018 at 9:40 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 5/7/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
April 13, 2018 Opinion or Order Filing 164 RESPONSE in Opposition re #154 MOTION to Stay Defendants Second Motion to Stay Pending Inter Partes Review , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 95 - Petition and RCE for '207 Patent, #2 Exhibit 96 - Email Mullendore to Denton, 11/19/2015, #3 Exhibit 97 - Email from Clark to Bell, 1/30/2018)(Hartz, Blake)
April 11, 2018 Opinion or Order Filing 163 Submission of Proposed Order , re #162 MOTION to Modify Case Management Order, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Bell, Kevin)
April 10, 2018 Opinion or Order Filing 162 MOTION to Modify Case Management Order, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 92 Email correspondence between Kevin M. Bell and Blake R. Hartz)(Bell, Kevin)
April 9, 2018 Opinion or Order Filing 161 AMENDED COMPLAINT (Fourth) against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit 63, PN9,828,287, #2 Exhibit 71, PN9,926,464)(Lueders, Daniel)
April 9, 2018 Opinion or Order Filing 160 STATUS REPORT on Status of Discovery by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
April 5, 2018 Opinion or Order Filing 159 ORDER granting Plaintiffs' #157 Motion for Extension of Time to File Response to 4/16/2018 re #151 MOTION to Compel Response to Interrogatory No. 1. Signed by Magistrate Judge Mark J. Dinsmore on 4/5/2018. (SWM)
April 4, 2018 Opinion or Order Filing 157 MOTION for Extension of Time to File Response to 4/16/2018 re #151 MOTION to Compel Response to Interrogatory No. 1 , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit 91-Emails Between Counsel)(Hartz, Blake)
April 3, 2018 Opinion or Order Filing 156 ORDER granting Plaintiffs' #144 Motion for Leave to File Fourth Amended Complaint. Plaintiffs are directed to refile their Fourth Amended Complaint and Demand for Jury Trial on or before April 9, 2018. Counsel for Plaintiffs are reminded to comply with Local Rule 5-6, which requires that each exhibit must be created as a separate.pdf file, filed as an attachment to the main document, and given a title which describes it content. Signed by Magistrate Judge Mark J. Dinsmore on 4/3/2018. (SWM)
March 30, 2018 Opinion or Order Filing 155 BRIEF/MEMORANDUM in Support re #154 MOTION to Stay Defendants Second Motion to Stay Pending Inter Partes Review , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A- Declaration of Kevin M. Bell in Support of Defendants Second Motion to, #2 Attachment B- Copy of Ceramedic LLC v. Ceramtec GmbH, ECF No. 32, #3 Attachment C- Copy of Medline Indus., Inc. v. C.R. Bard, Inc., ECF No. 107, #4 Attachment D- Copy of Natare Corp. v. Aquatic Renovation Sys., Inc., ECF No. 65, #5 Attachment E- Copy of One No. Corp. v. Google, Inc., ECF No. 37)(Sipiora, David)
March 30, 2018 Opinion or Order Filing 154 MOTION to Stay Defendants Second Motion to Stay Pending Inter Partes Review, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
March 27, 2018 Opinion or Order Filing 153 REPLY in Support of Motion re #144 MOTION for Leave to File Fourth Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 87-email string, #2 Exhibit 88-JM ROG 3 Resp, #3 Exhibit 89-Rog 14 Excerpt REDACTED, #4 Exhibit 90-Spinner ECF 90-main)(Lueders, Daniel)
March 22, 2018 Opinion or Order Filing 152 BRIEF/MEMORANDUM in Support re #151 MOTION to Compel Response to Interrogatory No. 1 , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A, #2 Exhibit 76, #3 Exhibit 77, #4 Exhibit 78, #5 Exhibit 79, #6 Exhibit 80, #7 Exhibit 81, #8 Exhibit 82, #9 Exhibit 83, #10 Exhibit 84, #11 Exhibit 85, #12 Exhibit 86)(Sipiora, David)
March 22, 2018 Opinion or Order Filing 151 MOTION to Compel Response to Interrogatory No. 1, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Proposed Order)(Sipiora, David)
March 22, 2018 Opinion or Order Filing 150 RESPONSE in Opposition re #144 MOTION for Leave to File Fourth Amended Complaint , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Attachment A, #2 Exhibit 73, #3 Exhibit 74, #4 Exhibit 75)(Sipiora, David)
March 14, 2018 Opinion or Order Filing 149 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/14/2018. Parties discussed status of discovery. Defendants were authorized to file motion to compel with regard to Plaintiffs' response to Defendants' Interrogatory No. 1. Court acknowledges submission of parties' amended protocol for production of electronically stored information. [Dkt. #146 -1.] To the extent parties' amended protocol does not contradict any other orders, Court recognizes protocol as discovery stipulation enforceable by either party under Fed. R. Civ. P. 29(b) & therefore denies parties' motion seeking entry of protocol [Dkt. #146 ] as unnecessary.Telephonic Status Conference set for 4/11/2018 at 8:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
March 14, 2018 Opinion or Order Filing 148 NOTICE OF PARTIES FIRST EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' WRITTEN DISCOVERY REQUESTS, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Sipiora, David) Modified on 3/15/2018 (JDC).
March 14, 2018 Opinion or Order Filing 147 SCHEDULING ORDER: This matter comes before the Court on #144 Plaintiff's Motion for Leave to File Fourth Amended Complaint. Any response to the Motion is due on or before 3/22/2018. Any reply in support of the Motion is due on or before 3/27/2018. Signed by Magistrate Judge Mark J. Dinsmore on 3/14/2018. (GD)
March 14, 2018 Opinion or Order Filing 146 Joint MOTION for Entry of Amended Proposed Protocol for Production of ESI, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Denton, Duane)
March 12, 2018 Opinion or Order Filing 145 BRIEF/MEMORANDUM in Support re #144 MOTION for Leave to File Fourth Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 072 Issue Notification 15177442)(Lueders, Daniel)
March 12, 2018 Opinion or Order Filing 144 MOTION for Leave to File Fourth Amended Complaint, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Proposed Fourth Amended Complaint with Exhibits, #2 Exhibit Proposed Fourth Amended Complaint with Track Changes, #3 Text of Proposed Order)(Lueders, Daniel)
March 12, 2018 Opinion or Order Filing 143 REPORT ON STATUS OF DISCOVERY (JOINT) by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
February 15, 2018 Opinion or Order Filing 141 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/14/2018. Parties discussed status of discovery & anticipate filing ESI protocol in near future. Telephonic Status Conference set for 3/14/2018 at 5:00 PM (Eastern Time) to discuss case status & parties' Joint Report on Status of Discovery due 3/12/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 15, 2018 Opinion or Order Filing 140 SCHEDULING ORDER: In order to allow the Court to more effectively monitor the conduct of discovery in this matter, on or before Monday, March 12, 2018, the parties shall jointly file a "Joint Report on the Status of Discovery,". See Order for established deadlines and additional information. Signed by Magistrate Judge Mark J. Dinsmore on 2/15/2018.(SWM)
February 9, 2018 Opinion or Order Filing 138 NOTICE Defendants First Amended Preliminary Witness and Exhibit Lists, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Sipiora, David)
February 2, 2018 Opinion or Order Filing 137 NOTICE Plaintiffs' Supplemental Preliminary Witness and Exhibit Lists, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC (Hartz, Blake)
January 31, 2018 Opinion or Order Filing 136 TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (JDC)
January 31, 2018 Opinion or Order Filing 135 ENTRY - Final Pretrial Conference set for 11/1/2019 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Jury Trial set for 12/2/2019 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Signed by Judge William T. Lawrence on 1/31/2018.(JDC)
January 17, 2018 Opinion or Order Filing 134 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 1/17/2018. Court & parties discussed several discovery-related issues, none of which rose to level of actionable discovery dispute at present time. Conference concluded without further order. Telephonic Status Conference set for 2/14/2018 [Dkt. #132 ] remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
January 4, 2018 Opinion or Order Filing 133 NOTICE OF EXTENSION OF TIME TO RESPOND TO DEFENDANTS' WRITTEN DISCOVERY REQUESTS, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC (Hartz, Blake)
January 2, 2018 Opinion or Order Filing 132 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/2/2018. Parties discussed status of resolution of discovery disputes. Telephonic Status Conference set for 2/14/2018 at 5:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 29, 2017 Opinion or Order Filing 131 ORDER: CASE MANAGEMENT PLAN: Dispositive Motions due by 3/15/2019. Discovery due by 2/8/2019. Signed by Magistrate Judge Mark J. Dinsmore on 12/29/2017.(SWM) Modified on 3/13/2018 (GD).
December 21, 2017 Opinion or Order Filing 129 ORDER granting Defendants' #128 Motion for Continuance. Telephonic Status Conference RESET for 1/2/2018 at 12:40 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's order dated November 30, 2017 [Dkt. #127 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 12/21/2017.(SWM) Modified on 12/26/2017 (GD). (Main Document 129 replaced on 12/26/2017) (GD).
December 20, 2017 Opinion or Order Filing 128 Unopposed MOTION for Continuance of December 27, 2017 Telephonic Status Conference to January 2, 2018, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
November 30, 2017 Opinion or Order Filing 127 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Pretrial Conference held on 11/30/2017. Parties discussed status of & future plans for discovery. Proposed Case Management Plan remains under advisement. Telephonic Status Conference set for 12/27/2017 at 5:10 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
November 30, 2017 Opinion or Order Filing 126 ORDER granting #125 Motion to Appear pro hac vice. Attorney Kevin M. Bell for JOHNS MANVILLE CORPORATION and for JOHNS MANVILLE, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 11/30/2017 (dist made) (CBU)
November 29, 2017 Opinion or Order Filing 125 MOTION for Attorney(s) Kevin M. Bell to Appear pro hac vice (Filing fee $100, receipt number 0756-4649195), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Certification of Kevin Bell, #2 Text of Proposed Order)(Riley, James)
November 22, 2017 Opinion or Order Filing 123 ANSWER (PLAINTIFFS') TO DEFENDANTS' COUNTERCLAIMS ASSERTED IN ITS ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Bereveskos, Spiro)
November 22, 2017 Opinion or Order Filing 122 PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC . (Bereveskos, Spiro)
November 13, 2017 Opinion or Order Filing 121 ORDER denying as moot #117 Motion to Appear pro hac vice. granting #120 Amended Motion to Appear pro hac vice. Attorney Edward J. Mayle for JOHNS MANVILLE CORPORATION and MANVILLE, INC. added. Copy to Edward J. Mayle via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2017. (SWM)
November 10, 2017 Opinion or Order Filing 120 Amended MOTION for Attorney(s) Edward J. Mayle to Appear pro hac vice (No fee paid with this filing), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A. Verification of Edward J. Mayle, #2 Text of Proposed Order)(Riley, James)
November 2, 2017 Opinion or Order Filing 119 Defendants' ANSWER to #100 Amended Complaint , COUNTERCLAIM against KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, filed by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit 1 Product Patent Reference Guide, #2 Exhibit 2 K-BR-ECOSE Brochure WEB, #3 Exhibit 3 New Patented EC)(Riley, James)
October 26, 2017 Opinion or Order Filing 118 ORDER granting Parties' #116 Joint Motion for Continuance. Pretrial Conference RESET for 11/30/2017 12:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's order dated October 16, 2017 [Dkt. 115] remain in effect, and the parties are reminded to file a proposed Case Management Plan no fewer than seven days before the pretrial conference. Signed by Magistrate Judge Mark J. Dinsmore on 10/26/2017.(SWM)
October 25, 2017 Opinion or Order Filing 117 MOTION for Attorney(s) Edward J. Mayle to Appear pro hac vice (Filing fee $100, receipt number 0756-4599857), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
October 25, 2017 Opinion or Order Filing 116 Joint MOTION for Continuance of Pretrial Conference, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
October 16, 2017 Opinion or Order Filing 115 SCHEDULING ORDER: Pretrial Conference set for 11/7/2017 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the call is to reestablish case management deadlines and schedule a settlement conference. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a revised proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/16/2017.(SWM)
October 12, 2017 Opinion or Order Filing 114 ORDER REOPENING CASE: This matter is before the Court on Plaintiffs' Motion to Lift Stay and Reopen Case. Dkt. #102 . For the reasons set forth below, the Court GRANTS Plaintiffs' Motion. Defendants shall respond to the Third Amended Complaint, Dkt. #100 no later than 21 days from the date of this Order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/12/2017.(SWM)
July 27, 2017 Opinion or Order Filing 113 Surreply in opposition re #102 MOTION TO LIFT STAY AND REOPEN CASE, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.(ordered filed this date) (CBU)
July 27, 2017 Opinion or Order Filing 112 ORDER granting #110 Motion for Leave to File surreply as of the date of this order. Signed by Magistrate Judge Mark J. Dinsmore on 7/27/2017. (CBU)
July 20, 2017 Opinion or Order Filing 111 RESPONSE to Motion re #110 MOTION for Leave to File a Surreply to Plaintiffs' Reply in Support of Motion to Lift Stay and Reopen Case [Dkt. 109] , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
July 19, 2017 Opinion or Order Filing 110 MOTION for Leave to File a Surreply to Plaintiffs' Reply in Support of Motion to Lift Stay and Reopen Case [Dkt. 109], filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Defendants' Sur-Reply in Opposition to Motion to Lift Stay and Reopen Case, #2 Text of Proposed Order)(Sipiora, David)
July 12, 2017 Opinion or Order Filing 109 REPLY in Support of Motion re #102 MOTION TO LIFT STAY AND REOPEN CASE , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit A - ECF No 215)(Lueders, Daniel)
July 5, 2017 Opinion or Order Filing 108 RESPONSE in Opposition re #102 MOTION TO LIFT STAY AND REOPEN CASE , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
June 27, 2017 Opinion or Order Filing 107 ORDER granting #105 Motion to Withdraw Attorney Appearance. Attorney Lane C. Womack withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 6/27/2017. (SWM)
June 27, 2017 Opinion or Order Filing 106 ORDER granting #104 Motion to Withdraw Attorney Appearance. Attorney Laura K. Mullendore withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 6/27/2017. (SWM)
June 26, 2017 Opinion or Order Filing 105 Unopposed MOTION to Withdraw Attorney Appearance of Lane Womack, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
June 26, 2017 Opinion or Order Filing 104 Unopposed MOTION to Withdraw Attorney Appearance of Laura Mullendore, filed by Counter Claimants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC., JOHNS MANVILLE, INC., Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
June 20, 2017 Opinion or Order Filing 103 BRIEF/MEMORANDUM in Support re #102 MOTION TO LIFT STAY AND REOPEN CASE , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
June 20, 2017 Opinion or Order Filing 102 MOTION TO LIFT STAY AND REOPEN CASE, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
May 22, 2017 Opinion or Order Filing 101 NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Amended Complaint, #2 Exhibit 59, #3 Exhibit 60) (JDC)
May 10, 2017 Opinion or Order Filing 100 AMENDED COMPLAINT (THIRD) against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit 59-US Patent 9464207, #2 Exhibit 60-US Patent 9469747)(Lueders, Daniel)
May 10, 2017 Opinion or Order Filing 99 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/10/2017. Parties' discussed status of dispute. Defendants' Unopposed Motion for Extension of Time #94 GRANTED: Defendants' Partial Opposition #96 deemed timely filed. Plaintiffs' Motion for Leave to File Third Amended Complaint and Temporarily Lift Administrative Stay #91 GRANTED IN PART and DENIED IN PART: Plaintiffs' Motion to Amend is granted & Plaintiffs directed to file Third Amended Complaint within three days; remainder of Plaintiffs' Motion denied & matter remains stayed & administratively closed. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
May 9, 2017 Opinion or Order Filing 98 REPLY in Support of Motion re #91 MOTION for Leave to File Third Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 61-Defendants' Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-17), #2 Exhibit 62-US 2013/0133548 A1)(Lueders, Daniel)
May 2, 2017 Opinion or Order Filing 96 RESPONSE in Opposition re #91 MOTION for Leave to File Third Amended Complaint , Defendants' Partial Opposition to Plaintiffs' Motion for Leave, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
April 28, 2017 Opinion or Order Filing 95 SCHEDULING ORDER: Status Conference set for 5/10/2017 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 4/28/2017.(SWM)
April 24, 2017 Opinion or Order Filing 94 Unopposed MOTION for Extension of Time to May 2, 2017 in which to #91 MOTION for Leave to File Third Amended Complaint , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Mullendore, Laura)
April 12, 2017 Opinion or Order Filing 93 NOTICE of Withdrawal of Appearance by Jeffrey M. Connor on behalf of All Defendants (Sipiora, David)
April 11, 2017 Opinion or Order Filing 92 BRIEF/MEMORANDUM in Support re #91 MOTION for Leave to File Third Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
April 11, 2017 Opinion or Order Filing 91 MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit Third Amended Complaint, #2 Text of Proposed Order Proposed Order)(Lueders, Daniel)
July 14, 2016 Opinion or Order Filing 90 ORDER granting #89 Motion: It is hereby ORDERED that this case is referred to United States Magistrate Judge Kristen L. Mix of the District of Colorado for mediation. Signed by Judge William T. Lawrence on 7/14/2016. (DW)
July 13, 2016 Opinion or Order Filing 89 Joint MOTION for Referral to Magistrate Judge for Mediation, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Exhibit A - Order Granting in Part Joint Mot. for Referral to Mag. J. for Mediation (No. 1:15-cv-02671-CMA-KLM, D. Colo.), #2 Exhibit B - Order of Reference to Mag. J. for Mediation (No. 1:15-cv-00531-RBJ, D. Colo.), #3 Text of Proposed Order)(Mullendore, Laura)
July 7, 2016 Opinion or Order Filing 88 NOTICE of Filing of Request for Referral to Magistrate Judge for Mediation by All Defendants (Attachments: #1 Exhibit A - Joint Mot. for Referral to Mag. J. for Mediation (No. 1:15-cv-02671-CMA-KLM, D. Colo.)) (Sipiora, David)
February 17, 2016 Opinion or Order Filing 87 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Order) (DW)
December 14, 2015 Opinion or Order Filing 86 CLOSED DISMISSED ADMINISTRATIVELY: On November 13, 2015, the Court stayed this matter pending resolution of an inter partes review of the patents in suit. The Court now instructs the Clerk to administratively close this matter. This matter will be reopened upon the motion of any party following the completion of the inter partes review. Signed by Magistrate Judge Mark J. Dinsmore on 12/14/2015.(SWM)
November 13, 2015 Opinion or Order Filing 85 PROTECTIVE ORDER APPROVED. Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2015.(SWM)
November 13, 2015 Opinion or Order Filing 84 ORDER granting Plaintiff's #54 Motion for Protective Order, with the modifications outlined below (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2015. (SWM)
November 13, 2015 Opinion or Order Filing 83 ORDER denying Defendants' #62 Motion to Bifurcate (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2015. (SWM)
November 13, 2015 Opinion or Order Filing 82 ORDER denying Defendants' #48 Motion for Limitations on Electronic Discovery (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2015. (SWM)
November 13, 2015 Opinion or Order Filing 81 ORDER granting Defendants' #40 Motion to Stay pending inter partes review; denying Defendants' #51 Motion for oral argument on the motion to stay (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2015. (SWM)
October 22, 2015 Opinion or Order Filing 80 RESPONSE to Plaintiffs' Supplemental Submission Regarding Motion to Stay #40 , re #79 Submission, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
October 21, 2015 Opinion or Order Filing 79 Submission (Supplemental) Regarding Motion to Stay, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Decision in IPR2015-01402)(Hartz, Blake)
October 21, 2015 Opinion or Order Filing 78 NOTICE of Appearance by Blake R. Hartz on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Hartz, Blake)
September 29, 2015 Opinion or Order Filing 77 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/28/2015. A discussion was held regarding discovery issues. The Court will schedule a further status conference following a ruling on the pending motions. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
September 25, 2015 Opinion or Order Filing 76 REPLY in Support of Motion re #62 MOTION to Bifurcate Plaintiffs' Claims as to U.S. Patent No. 9,040,652 Pursuant to Federal Rule of Civil Procedure 42(b) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
September 25, 2015 Opinion or Order Filing 75 ORDER denying as moot #74 Motion for Brian Zall to observe the status conference. Signed by Magistrate Judge Mark J. Dinsmore on 9/25/2015. (CBU)
September 25, 2015 Opinion or Order Filing 74 MOTION for Leave for Brian Zall to Observe September 28, 2015 Telephonic Status Conference, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
September 24, 2015 Opinion or Order Filing 73 ANSWER to Defendants' Counterclaims Asserted In Its Answer to Plaintiffs' Second Amended Complaint and Demand for Jury Trial, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
September 21, 2015 Opinion or Order Filing 71 ANSWER to #60 Amended Complaint (Second), COUNTERCLAIM against All Plaintiffs, filed by All Defendants.(Sipiora, David)
September 18, 2015 Opinion or Order Filing 70 Submission of Joint Proposed Protective Order Definitions, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
September 18, 2015 Opinion or Order Filing 69 RESPONSE in Opposition re #62 MOTION to Bifurcate Plaintiffs' Claims as to U.S. Patent No. 9,040,652 Pursuant to Federal Rule of Civil Procedure 42(b) , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
September 17, 2015 Opinion or Order Filing 68 TRANSCRIPT of Hearing on Motion for Protective Order held on 09/10/2015 before Magistrate Judge Mark J. Dinsmore. (108 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 10/8/2015. Release of Transcript Restriction set for 12/16/2015. (Moxley, David) Released on 12/16/2015 (SWM).
September 17, 2015 Opinion or Order Filing 67 NOTICE of FILING of OFFICIAL TRANSCRIPT of Hearing on Motion for Protective Order held before Magistrate Judge Mark J. Dinsmore on 09/10/2015 (Moxley, David)
September 11, 2015 Opinion or Order Filing 66 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Motion Hearing held on 9/10/2015. This matter came before the Court for a hearing on Defendants' Motion for Limitations on Electronic Discovery [Dkt. 48] and Plaintiffs' Motion for Protective Order [Dkt. 54]. Evidence was presented and argument was held and the matter was taken under advisement. The parties will file a proposed definition of what information qualifies for "attorney's eyes only" treatment under the proposed protective order on or before September 18, 2015. This matter is scheduled for a telephonic status conference on Monday, September 28, 2015 at 1:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore. (SWM)
September 10, 2015 Opinion or Order Filing 65 ORDER granting IN PART Defendants' #64 Motion for leave to participate by telephone in the 9/10/2015 hearing. IT IS, THEREFORE, ORDERED that Defendants' General Counsel, Cynthia Ryan, is granted leave to telephonically observe the September 10, 2015 hearing in this matter; however, Ms. Ryan may not participate in any way in the argument to the Court. Counsel for Defendants shall provide the Court's staff with Ms. Ryan's telephone number no later than five minutes prior to the scheduled start time for the hearing and the Court will initiate the call to Ms. Ryan. Signed by Magistrate Judge Mark J. Dinsmore on 9/10/2015. (SWM)
September 9, 2015 Opinion or Order Filing 64 MOTION for Leave to Participate by Telephone in the September 10, 2015 Hearing, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
September 8, 2015 Opinion or Order Filing 63 BRIEF/MEMORANDUM in Support re #62 MOTION to Bifurcate Plaintiffs' Claims as to U.S. Patent No. 9,040,652 Pursuant to Federal Rule of Civil Procedure 42(b) , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of L. Mullendore, #2 Exhibit 56, #3 Exhibit 57, #4 Exhibit 58)(Sipiora, David)
September 8, 2015 Opinion or Order Filing 62 MOTION to Bifurcate Plaintiffs' Claims as to U.S. Patent No. 9,040,652 Pursuant to Federal Rule of Civil Procedure 42(b), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
September 8, 2015 Opinion or Order Filing 61 REPLY in Support of Motion re #54 MOTION for Protective Order , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Attachment A, #2 Attachment B)(Lueders, Daniel)
September 3, 2015 Opinion or Order Filing 60 AMENDED COMPLAINT (SECOND) against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit 22 - US Patent 9039827, #2 Exhibit 23 - US Patent 9040652)(Lueders, Daniel)
September 2, 2015 Opinion or Order Filing 59 RESPONSE in Opposition re #54 MOTION for Protective Order , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of L. Mullendore, #2 Exhibit 51, #3 Exhibit 52, #4 Exhibit 53, #5 Exhibit 54, #6 Exhibit 55, #7 Exhibit Copy of Garmin Case, #8 Exhibit Copy of Bloomberg Case, #9 Exhibit Copy of Microsoft Case)(Sipiora, David)
September 2, 2015 Opinion or Order Filing 58 ORDER granting Plaintiff's #34 Motion for Leave to File Second Amended Complaint. Within three (3) days from the entry of this order Knauf Insulation is ordered to file their Second Amended Complaint (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 9/2/2015. (SWM) (Main Document 58 replaced on 9/2/2015) (SWM).
August 31, 2015 Opinion or Order Filing 57 REPLY in Support of Motion re #48 MOTION for Limitations on Electronic Discovery , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of K. Alavi, #2 Affidavit Declaration of L. Mullendore, #3 Exhibit 50)(Sipiora, David)
August 27, 2015 Opinion or Order Filing 56 SCHEDULING ORDER: This matter comes before the Court on Plaintiffs' Motion for Protective Order [Dkt. 54]. Any response to the motion is due on or before September 2, 2015. Any reply in support of the Motion is due on or before September 8, 2015. This matter is set for a hearing on the above-noted motion on September 10, 2015 at 1:30 p.m. in Room 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. The hearing will be held in conjunction with the hearing on the pending motion to place limitations upon electronic discovery. Signed by Magistrate Judge Mark J. Dinsmore on 8/27/2015.(SWM)
August 26, 2015 Opinion or Order Filing 55 BRIEF/MEMORANDUM in Support re #54 MOTION for Protective Order , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 49, #2 Attachment A)(Lueders, Daniel)
August 26, 2015 Opinion or Order Filing 54 MOTION for Protective Order , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order Attachment A)(Lueders, Daniel)
August 21, 2015 Opinion or Order Filing 53 RESPONSE to Motion re #48 MOTION for Limitations on Electronic Discovery , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Text of Proposed Order)(Denton, Duane)
August 20, 2015 Opinion or Order Filing 52 RESPONSE in Opposition re #51 MOTION for Oral Argument on Motion to Stay Pending Inter Partes Review , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
August 17, 2015 Opinion or Order Filing 51 MOTION for Oral Argument on Motion to Stay Pending Inter Partes Review, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
August 17, 2015 Opinion or Order Filing 50 REPLY in Support of Motion re #40 MOTION to Stay Pending Inter Partes Review , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of L. Mullendore, #2 Exhibit 37, #3 Exhibit 38, #4 Exhibit 39, #5 Exhibit 40, #6 Exhibit 41, #7 Exhibit 42, #8 Exhibit 43, #9 Exhibit 44, #10 Exhibit 45, #11 Exhibit 46, #12 Exhibit 47, #13 Exhibit 48, #14 Exhibit Copy of Oil-Dri v. Nestle Purina Case)(Sipiora, David)
August 7, 2015 Opinion or Order Filing 49 BRIEF/MEMORANDUM in Support re #48 MOTION for Limitations on Electronic Discovery , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of K. Alavi, #2 Affidavit Declaration of L. Mullendore, #3 Exhibit 36, #4 Affidavit Declaration of E. Rugg)(Mullendore, Laura)
August 7, 2015 Opinion or Order Filing 48 MOTION for Limitations on Electronic Discovery, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Mullendore, Laura)
August 3, 2015 Opinion or Order Filing 47 RESPONSE in Opposition re #40 MOTION to Stay Pending Inter Partes Review , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Exhibit 32, Brower Declaration, #2 Exhibit 33, AIA Blog, #3 Exhibit 34, K1000017 11.17.11 E-Mail, #4 Exhibit 35, K1000003 1.29.13 Letter)(Bereveskos, Spiro)
July 23, 2015 Opinion or Order Filing 46 ORDER granting Plaintiffs' #45 Motion for Extension of Time to File Response to 8/3/2015 re #40 MOTION to Stay Pending Inter Partes Review. Signed by Magistrate Judge Mark J. Dinsmore on 7/23/2015. (SWM)
July 22, 2015 Opinion or Order Filing 45 MOTION for Extension of Time to File Response to 08/03/2015 re #40 MOTION to Stay Pending Inter Partes Review and to Extend Defendants' Reply to 08/17/2015, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order)(Bereveskos, Spiro)
July 17, 2015 Opinion or Order Filing 44 ORDER ON BRIEFING SCHEDULE: On July 10, 2015, Defendants filed their Motion to Stay Pending Inter Partes Review. [Dkt. 40.] Any response to Defendants' motion shall be filed on or before July 27, 2015. Any reply in support of the motion shall be filed on or before August 3, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 7/17/2015.(SWM)
July 15, 2015 Opinion or Order Filing 43 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 7/14/2015. A discussion was held regarding the parties' proposed protocol for the production of electronically stored information. The parties have agreed on a number of items, but several key disputes remain. On or before August 7, 2015, Johns Manville Corporation will file a motion seeking to place the limitations upon electronic discovery articulated in the parties proposed the protocol; any response to the motion is due on or before August 21, 2015, and any reply is due on or before August 31, 2015.This matter is scheduled for an evidentiary hearing on the above-noted motion on September 10, 2015 at 1:30 p.m. in room 257, of the United States District Court, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark Dinsmore. The parties are ordered to have available (either in person or by telephone) any individuals upon whom they are relying to support the factual assertions in their briefs, either as to burden, the functionality of the predictive coding or other technology systems at issue, or any other factual assertions set forth in the parties' briefs. The parties may submit detailed declarations of such witnesses which may serve as their direct testimony if desired by either party. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
July 13, 2015 Opinion or Order Filing 42 NOTICE OF NAME CHANGE, filed by Counter Defendant KNAUF INSULATION, LLC, Plaintiff KNAUF INSULATION, LLC (Lueders, Daniel)
July 10, 2015 Opinion or Order Filing 41 BRIEF/MEMORANDUM in Support re #40 MOTION to Stay Pending Inter Partes Review , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of Laura Mullendore, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit Copy of Ceramedic LLC v. Ceramtec GmbH, #7 Exhibit Copy of Medline Indus., Inc. v. C.R. Bard, Inc., #8 Exhibit Copy of Natare Corp. v. Aquatic Renovation Sys., Inc., #9 Exhibit Copy of One No. Corp. v. Google, Inc.)(Sipiora, David)
July 10, 2015 Opinion or Order Filing 40 MOTION to Stay Pending Inter Partes Review, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Sipiora, David)
June 30, 2015 Opinion or Order Filing 39 Submission of Proposed Protocol for Production of ESI with approval of Plaintiffs, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Sipiora, David)
June 22, 2015 Opinion or Order Filing 38 REPLY in Support of Motion re #34 MOTION for Leave to File Second Amended Complaint , filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Lueders, Daniel)
June 12, 2015 Opinion or Order Filing 37 RESPONSE in Opposition re #34 MOTION for Leave to File Second Amended Complaint , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Affidavit Declaration of Laura Mullendore, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit Copy of Hill-Rom Servs., Inc. v. Stryker Corp.)(Sipiora, David)
June 5, 2015 Opinion or Order Filing 36 NOTICE Defendants' Preliminary Witness and Exhibit Lists, filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. (Sipiora, David)
May 27, 2015 Opinion or Order Filing 35 NOTICE Plaintiffs' Preliminary Witness and Exhibit Lists, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC (Bereveskos, Spiro)
May 26, 2015 Opinion or Order Filing 34 MOTION for Leave to File Second Amended Complaint, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Attachments: #1 Text of Proposed Order, #2 Second Amended Complaint and Demand for Jury Trial)(Lueders, Daniel)
May 11, 2015 Opinion or Order Filing 33 NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Plaintiffs' Answer to Defendants' Counterclaims) (BGT)
May 4, 2015 Opinion or Order Filing 32 PLAINTIFFS' ANSWER to #25 Answer to Amended ComplaintCounterclaim OF DEFENDANTS, filed by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC.(Lueders, Daniel)
April 30, 2015 Opinion or Order Filing 31 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 4/29/2015. A discussion was held regarding case management deadlines and an ESI protocol. The court issues the following deadlines, to which the parties agreed, from section III of the parties proposed case management plan: A. The parties must serve their Fed. R. Civ. P. 26 initial disclosures on or before May 27, 2015. B. Plaintiff must file preliminary witness and exhibit lists on or before May 27, 2015. C. Defendants must file preliminary witness and exhibit lists on or before June 5, 2015. D. All motions for leave to amend the pleadings and/or to join additional parties must be filed on or before June 29, 2015. Discovery Conference set for 7/14/2015 at 02:30 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. * see order for additional information and deadlines* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
April 29, 2015 Opinion or Order Filing 30 Submission of ESI Supplement to Patent Case Management Plan (tendered on 4/22/15) with approval of Defendants, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC. (Denton, Duane)
April 22, 2015 Opinion or Order Filing 29 JOINT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC with approval of Defendants. (Bereveskos, Spiro)
April 21, 2015 Opinion or Order Filing 28 ORDER granting #26 Motion to Appear pro hac vice. Attorney Laura K. Mullendore for JOHNS MANVILLE CORPORATION,Laura K. Mullendore for JOHNS MANVILLE CORPORATION,Laura K. Mullendore for JOHNS MANVILLE, INC.,Laura K. Mullendore for JOHNS MANVILLE, INC. added. Copy mailed. Signed by Magistrate Judge Mark J. Dinsmore on 4/21/2015. (MAC)
April 21, 2015 Opinion or Order Filing 27 NOTICE of Answer to Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer to Amended Complaint) (BGT)
April 20, 2015 Opinion or Order Filing 26 MOTION for Attorney(s) Laura K. Mullendore to Appear pro hac vice (Filing fee $30, receipt number 0756-3432048), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
April 17, 2015 Opinion or Order Filing 25 ANSWER to #20 Amended Complaint , COUNTERCLAIM against KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, KNAUF INSULATION, LLC, filed by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC..(Riley, James)
April 6, 2015 Opinion or Order Filing 24 NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Amended Complaint, #2 Attachments to Amended Complaint) (BGT)
March 31, 2015 Opinion or Order Filing 23 ORDER granting #17 Motion to Appear pro hac vice. Attorney Lane C. Womack for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 3/31/2015 (dist made) (CBU)
March 31, 2015 Opinion or Order Filing 22 ORDER granting #16 Motion to Appear pro hac vice. Attorney Jeffrey M. Connor for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 3/31/2015 (dist made) (CBU)
March 31, 2015 Opinion or Order Filing 21 ORDER granting #15 Motion to Appear pro hac vice. Attorney David E. Sipiora for JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 3/31/2015. (CBU)
March 31, 2015 Opinion or Order Filing 20 AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit US Patent 8114210, #2 Exhibit US Patent 8940089, #3 Exhibit US Patent D631670, #4 Exhibit 2012 Sustainability Report, #5 Exhibit Technical Bulletin OEMT13-001, #6 Exhibit JM Website, #7 Exhibit Technical Bulletin IST13-002, #8 Exhibit Marketing Bulletin ISM13-01, #9 Exhibit Marketing Bulletin OEMM13-001, #10 Exhibit Product Info Sheet, #11 Exhibit Product Info Sheet, #12 Exhibit Product Info Sheet, #13 Exhibit Product Info Sheet, #14 Exhibit Product Info Sheet, #15 Exhibit Product Info Sheet, #16 Exhibit Product Info Sheet, #17 Exhibit Product Info Sheet, #18 Exhibit Product Info Sheet, #19 Exhibit Product Info Sheet, #20 Exhibit Product Selector Guide)(Lueders, Daniel)
March 31, 2015 Opinion or Order Filing 19 SCHEDULING ORDER- Initial Pretrial Conference set for 4/29/2015 03:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed CMP no fewer than 7 days before the pretrial conference. Signed by Magistrate Judge Mark J. Dinsmore on 3/31/2015.(CBU)
March 30, 2015 Opinion or Order Filing 18 RECEIPT #IP045165 for PRO HAC VICE fee in the amount of $90.0, paid by Riley, Bennett, Egloff on behalf of David E. Sipiora, Jeffrey M. Connor, and Lane C. Womack. (JRT)
March 30, 2015 Opinion or Order Filing 17 MOTION for Attorney(s) Lane C. Womack to Appear pro hac vice (No fee paid with this filing), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 30, 2015 Opinion or Order Filing 16 MOTION for Attorney(s) Jeffrey M. Connor to Appear pro hac vice (No fee paid with this filing), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 30, 2015 Opinion or Order Filing 15 MOTION for Attorney(s) David E. Sipiora to Appear pro hac vice (No fee paid with this filing), filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 30, 2015 Opinion or Order Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Riley, James)
March 30, 2015 Opinion or Order Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 30, 2015 Opinion or Order Filing 12 Corporate Disclosure Statement by JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC. identifying Corporate Parent BERKSHIRE HATHAWAY INC. for JOHNS MANVILLE CORPORATION.. (Riley, James)
March 30, 2015 Opinion or Order Filing 11 NOTICE of Appearance by James W. Riley, Jr on behalf of Defendants JOHNS MANVILLE CORPORATION, JOHNS MANVILLE, INC.. (Riley, James)
February 16, 2015 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. JOHNS MANVILLE CORPORATION waiver sent on 1/28/2015. (Lueders, Daniel)
February 9, 2015 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. JOHNS MANVILLE, INC. waiver sent on 1/28/2015. (Bereveskos, Spiro)
February 2, 2015 Opinion or Order Filing 8 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Complaint, #2 Exhibit 1 to Complaint, #3 Exhibit 2 to Complaint, #4 Exhibit 3 to Complaint, #5 Exhibit 4 to Complaint, #6 Exhibit 5 to Complaint, #7 Exhibit 6 to Complaint, #8 Exhibit 7 to Complaint, #9 Exhibit 8 to Complaint, #10 Exhibit 9 to Complaint, #11 Exhibit 10 to Complaint, #12 Exhibit 11 to Complaint, #13 Exhibit 12 to Complaint, #14 Exhibit 13 to Complaint, #15 Exhibit 14 to Complaint, #16 Exhibit 15 to Complaint, #17 Exhibit 16 to Complaint, #18 Exhibit 17 to Complaint, #19 Exhibit 18 to Complaint, #20 Exhibit 19 to Complaint, #21 Exhibit 20 to Complaint) (BGT)
January 28, 2015 Opinion or Order Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
January 28, 2015 Opinion or Order Filing 6 Summonses Issued as to JOHNS MANVILLE CORPORATION and JOHNS MANVILLE, INC. (DJH)
January 27, 2015 Opinion or Order Filing 5 NOTICE of Appearance by Spiro Bereveskos on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, Knauf Insulation, LLC. (Bereveskos, Spiro)
January 27, 2015 Opinion or Order Filing 4 NOTICE of Appearance by Duane R. Denton on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, Knauf Insulation, LLC. (Denton, Duane)
January 27, 2015 Opinion or Order Filing 3 Corporate Disclosure Statement by KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, Knauf Insulation, LLC. (Lueders, Daniel)
January 27, 2015 Opinion or Order Filing 2 NOTICE of Appearance by Daniel James Lueders on behalf of Plaintiffs KNAUF INSULATION GmbH, KNAUF INSULATION SPRL, Knauf Insulation, LLC. (Lueders, Daniel)
January 27, 2015 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-3329841) (Attachments: #1 Exhibit Exhibit 1 - US Patent 8114210, #2 Exhibit Exhibit 2 - US Patent 8940089, #3 Exhibit Exhibit 3 - US Patent D631670, #4 Exhibit Exhibit 4 - 2012 Sustainability Report, #5 Exhibit Exhibit 5 - Technical Bulletin OEMT13-001, #6 Exhibit Exhibit 6 - JM Website, #7 Exhibit Exhibit 7 - Technical Bulletin IST13-002, #8 Exhibit Exhibit 8 - Marketing Bulletin ISM13-01, #9 Exhibit Exhibit 9 - Marketing Bulletin OEMM13-001, #10 Exhibit Exhibit 10 - Product Info Sheet, #11 Exhibit Exhibit 11 - Product Info Sheet, #12 Exhibit Exhibit 12 - Product Info Sheet, #13 Exhibit Exhibit 13 - Product Info Sheet, #14 Exhibit Exhibit 14 - Product Info Sheet, #15 Exhibit Exhibit 15 - Product Info Sheet, #16 Exhibit Exhibit 16 - Product Info Sheet, #17 Exhibit Exhibit 17 - Product Info Sheet, #18 Exhibit Exhibit 18 - Product Info Sheet, #19 Exhibit Exhibit 19 - Product Info Sheet, #20 Exhibit Exhibit 20 - Product Selector Guide, #21 Civil Cover Sheet, #22 Proposed Summons)(Lueders, Daniel)

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Search for this case: KNAUF INSULATION, LLC et al v. JOHNS MANVILLE CORPORATION, et al.
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Defendant: JOHNS MANVILLE CORPORATION
Represented By: Brice C. Lynch
Represented By: Catherine R. Lacey
Represented By: Charles Verhoeven
Represented By: David D. Doak
Represented By: David E. Sipiora
Represented By: Edward J. Mayle
Represented By: Ella K. Hallwass
Represented By: Jaclyn Michelle Flint
Represented By: James W. Riley, Jr.
Represented By: Jeffrey M. Connor
Represented By: Kevin M. Bell
Represented By: Kristopher L. Reed
Represented By: Lance Yang
Represented By: Lane C. Womack
Represented By: Laura K. Mullendore
Represented By: Lauren Hudson
Represented By: Lindsay Cooper
Represented By: Melissa J. Baily
Represented By: Tina T. Lo
Represented By: Travis D. Whitsitt
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Defendant: JOHNS MANVILLE, INC.
Represented By: Brice C. Lynch
Represented By: Catherine R. Lacey
Represented By: Charles Verhoeven
Represented By: David D. Doak
Represented By: David E. Sipiora
Represented By: Edward J. Mayle
Represented By: Ella K. Hallwass
Represented By: Jaclyn Michelle Flint
Represented By: James W. Riley, Jr.
Represented By: Jeffrey M. Connor
Represented By: Kevin M. Bell
Represented By: Kristopher L. Reed
Represented By: Lance Yang
Represented By: Lane C. Womack
Represented By: Laura K. Mullendore
Represented By: Lauren Hudson
Represented By: Lindsay Cooper
Represented By: Melissa J. Baily
Represented By: Tina T. Lo
Represented By: Travis D. Whitsitt
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Counter defendant: KNAUF INSULATION, LLC
Represented By: Andrew M. Pendexter
Represented By: Blake R. Hartz
Represented By: Briana Lynn Clark
Represented By: Duane R. Denton
Represented By: Matthew M. Gardlik
Represented By: Spiro Bereveskos
Represented By: Daniel James Lueders
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Counter defendant: KNAUF INSULATION GmbH
Represented By: Andrew M. Pendexter
Represented By: Blake R. Hartz
Represented By: Briana Lynn Clark
Represented By: Duane R. Denton
Represented By: Matthew M. Gardlik
Represented By: Spiro Bereveskos
Represented By: Daniel James Lueders
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Counter defendant: KNAUF INSULATION SPRL
Represented By: Andrew M. Pendexter
Represented By: Blake R. Hartz
Represented By: Briana Lynn Clark
Represented By: Duane R. Denton
Represented By: Matthew M. Gardlik
Represented By: Spiro Bereveskos
Represented By: Daniel James Lueders
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