Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al
| Aviva Sports, Inc. |
| Fingerhut Direct Marketing, Inc., Menard, Inc., Kmart Corporation, Wal-Mart Stores, Inc. and Manley Toys, Ltd. |
| 0:2009cv01091 |
| May 11, 2009 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Ericksen |
| Mayeron |
| Other |
| 15 U.S.C. ยง 1126 Patent Infringement |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1190
ORDER granting in part and denying in part 1151 Liquidators' Motion to Alter/Amend/Correct November 12, 2021 Order (ECF No. 1150 ); granting in part and denying in part 1164 Aviva's Motion for Contempt and Sanctions. (Written Opinion) Signed by Magistrate Judge Hildy Bowbeer on 6/7/2022. (MJA)
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Filing
1150
ORDER granting 1099 Motion to Compel Production of Manley Documents and Enforce the Court's Prior Discovery Order. SEE ENTRY FOR ADDITIONAL DETAILS AND DEADLINES. (Written Opinion) Signed by Magistrate Judge Hildy Bowbeer on 11/12/2021. (MJA)
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Filing
997
ORDER denying 961 Motion for Sanctions. The hearing on January 27, 2017, is cancelled. (Written Opinion) (Please see Order for details.) Signed by Judge Joan N. Ericksen on January 23, 2017. (CBC)
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Filing
894
ORDER re Limited Remand. (Written Opinion) Signed by Judge Joan N. Ericksen on January 27, 2015. (CBC)
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Filing
865
ORDER denying 829 Motion for Attorney Fees and denying 862 Motion for Review of Taxation of Costs. (Written Opinion) Signed by Judge Joan N. Ericksen on February 24, 2014. (CBC)
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Filing
853
ORDER: Manley's Motion to Extend Time to File Notice of Appeal 836 is DENIED. Manley, Fingerhut, Menard, and Kmart's Motion to Amend Final Judgment 837 is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on October 16, 2013. (CBC)
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Filing
826
ORDER: The Clerk of Court is directed to unseal the Order dated August 6, 2013 822 . (Please see order for complete details.) (Written Opinion) Signed by Judge Joan N. Ericksen on August 16, 2013. (CBC)
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Filing
820
ORDER re. sanctions. (Written Opinion) Signed by Judge Joan N. Ericksen on July 23, 2013. (CBC)
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Filing
812
ORDER: The magistrate judge's March 20, 2013 Order 797 is AFFIRMED in part and VACATED in part. The award of sanctions against Defendant Manley is AFFIRMED. The award of sanctions against Lobbin and the Eclipse Group is VACATED. Lobbin and the Eclipse Group are now under notice of the potential sanctions being considered against them. They may submit to the Court any additional evidence or arguments as to why they should not be sanctioned for their role in the failed Rule 30(b)(6) deposition on or before May 17, 2013. Aviva may respond on or before May 24, 2013. (Please see order for complete details.) (Written Opinion) Signed by Judge Joan N. Ericksen on May 3, 2013. (CBC)
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Filing
811
ORDER regarding telephonic conference (please see order for details). (Written Opinion) Signed by Judge Joan N. Ericksen on May 2, 2013. (CBC)
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Filing
785
ORDER granting 770 Aviva's Motion for Voluntary Dismissal and denying as moot 776 Aviva's Motion to Expedite. (SEE ORDER FOR FURTHER DETAILS) (Written Opinion) Signed by Judge Joan N. Ericksen on February 27, 2013. (CBC)
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Filing
737
ORDER ADOPTING REPORT AND RECOMMENDATION 722 - IT IS ORDERED THAT: (1) Avivas Motion for Sanctions 635 is GRANTED in part and DENIED in part. (2) Default judgment is entered in Avivas favor on its claims under the Lanham Act and Minnesota Decept ive Trade Practices Act, for an amount to be determined by this Court upon proof of damages, and attorneys fees and costs at the Courts discretion. (3) Aviva shall submit to the Court proof of its damages on its Lanham Act claims. Manley is not per mitted to oppose this submission. (4)Judgment is entered in favor of Aviva and against Manley in the amount of $362,438.00, in addition to any amounts Aviva may be awarded for damages, fees, and costs associated with Avivas claims under the Lanham Act and Minnesota Deceptive Trade Practices Act. (Written Opinion) Signed by Judge Joan N. Ericksen on February 6, 2013. (CBC)
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Filing
717
ORDER granting 686 Motion for Partial Summary Judgment. (Written Opinion) Signed by Judge Joan N. Ericksen on December 3, 2012. (CBC)
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Filing
714
ORDER granting in part and denying in part 616 Motion for Summary Judgment (Written Opinion). Signed by Judge Joan N. Ericksen on November 7, 2012. (CBC)
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Filing
668
ORDER denying 624 Motion for Summary Judgment (Written Opinion). Signed by Judge Joan N. Ericksen on August 6, 2012. (slf)
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Filing
664
MARKMAN ORDER (Written Opinion). Signed by Judge Joan N. Ericksen on July 18, 2012. (slf)
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Filing
537
ORDER re 510 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 508 Order on Motion to Alter/Amend/Correct Other Orders.IT IS ORDERED THAT:1.The magistrate judges January 3, 2012 Order [Docket No. 508] is AFFIRMED. (Written Opinion). Signed by Judge Joan N. Ericksen on February 28, 2012. (slf)
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Filing
503
ORDER : IT IS ORDERED THAT:1.Manleys Motion for Summary Judgment [Docket No. 425] is GRANTED IN PART and DENIED IN PART.2.Summary judgment in favor of Manley is GRANTED as to Avivas recovery of actual damages, but is DENIED in all other respects.3.Ma nleys Motion to Exclude the Expert Testimony of Hal Poret [Docket No. 433] is DENIED.4.Manleys Motion to Exclude the Expert Testimony of Dr. Michael J. Houston [Docket No. 431] is GRANTED.5.Manleys Motion to Exclude the Expert Testimony of Dr. David A. Krauss [Docket No. 440] is DENIED.6.Manleys Motion to Exclude the Expert Testimony of Frances McCloskey [Docket No. 438] is GRANTED IN PART and DENIED IN PART.7.Manleys Motion to Exclude the Expert Testimony of Frances McCloskey is GRANTED as to M cCloskeys opinions regarding Avivas monetary damages, but is DENIED as to McCloskeys opinions regarding Manleys profits.8.Avivas Motion to Exclude the Expert Testimony of Manleys Rebuttal Experts [Docket No. 436] is DENIED. (Written Opinion). Signed by Judge Joan N. Ericksen on November 8, 2011. (slf)
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Filing
485
ORDER : IT IS ORDERED THAT:1.Defendants Motion for Summary Judgment [Docket No. 418] is GRANTED IN PART.2.Summary judgment is granted in favor of Defendants Fingerhut, Menard, and Kmart and against Aviva as to Count Three, the Lanham Act claim, and Count Four, the Minnesota UDTPA claim, of the Amended Complaint. (Written Opinion). Signed by Judge Joan N. Ericksen on September 23, 2011. (slf)
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Filing
408
ORDER : IT IS ORDERED THAT:1.Avivas Motion for Permanent Injunction [Docket No. 353] is DENIED.LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion) Signed by Judge Joan N. Ericksen on June 27, 2011. (slf)
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Filing
215
ORDER : IT IS ORDERED THAT:1.Movants Motion for Stay Pending Interlocutory Review [Docket No. 180] is DENIED.2.Movants Motion to Certify Order for Interlocutory Review [Docket No. 184] is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on September 23, 2010. (slf)
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Filing
156
ORDER denying 73 Motion to Dismiss; denying 104 Motion for Preliminary Injunction (Written Opinion). Signed by Judge Joan N. Ericksen on May 25, 2010. (slf)
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