Hypertherm, Inc. v. American Torch Tip Company

 
Case Number: 1:2005cv00373
Filed: October 21, 2005
 
Court: New Hampshire District Court
Office: Concord Office
Presiding Judge: Joseph A. DiClerico
 
Nature of Suit: Patent
Cause of Action: 28:1338 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
September 11, 2008 308 Opinion or Order of the Court ///SEALED ORDER denying 200 Motion for Summary Judgment Dismissing Hyperthems Claims Under U.S. Patent No. 5,310,988; granting 204 Motion for Summary Judgment on ATTC's Affirmative Defenses of Laches, Estoppel, Acquiesc ence, Waiver, and Unclean Hands at Level I. Defendant's affirmative defenses of laches, estoppel, acquiescence, waiver, and unclean hands are dismissed. Signed by Judge Joseph A. DiClerico, Jr. (dae) Modified on 3/16/2009 to unseal document per order 3/13/09. (dae).
October 16, 2008 335 Opinion or Order of the Court ORDER granting 309 Motion for Leave to File Reply to Plaintiff's Objection to Defendant's Motion to Reconsider Court's Order of 7/24/08. Plaintiff to file memo within 10 days. Hypertherm is granted leave to file a surreply. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
November 5, 2008 349 Opinion or Order of the Court SEALED ORDER denying 281 Motion for Reconsideration of Order dated July 24, 2008, Doc. #279. The July 24, 2008 order is amended to incorporate the notice of corrections filed by the plaintiff on March 11, 2008, at docket no. 158. Signed by Judge Joseph A. DiClerico, Jr. (dae) Modified on 3/16/2009 to unseal document per order 3/13/09. (dae).
November 17, 2008 362 Opinion or Order of the Court SEALED ORDER denying 323 Motion for Reconsideration of 308 Sealed Order, Grantion Plaintiff's Motion for Summary Judgment on ATTC's Affirmative Defenses at Level I. Signed by Judge Joseph A. DiClerico, Jr. (dae) Modified on 3/16/2009 to unseal document per order 3/13/09. (dae).
November 19, 2008 364 Opinion or Order of the Court ORDER - parties to file joint notice specifying parts of pending motions that have been resolved or changed in any respect by July 24, 2008 order by 11/26/08. ( Notice of Compliance Deadline set for 11/26/2008.) Signed by Judge Joseph A. DiClerico, Jr. (dae)
December 15, 2008 381 Opinion or Order of the Court ORDER re: 377 Motion for Hearing, 376 Objection to Magistrate Judge's Decision (Rule 72(a)). Deposition scheduled for 12/17 shall be canceled and may be rescheduled, if allowed, after the court rules on the pending objection. Signed by Chief Judge Steven J. McAuliffe. (dae)
December 23, 2008 393 Opinion or Order of the Court ORDER denying as moot 373 Motion for Protective Order; terminating 376 Objection to Magistrate Judge's Decision (Rule 72(a)) - magistrate judge's order is vacated; granting 377 Motion for Hearing re 376 Objecti on to Magistrate Judge's Decision (Rule 72(a)) ; denying as moot 382 Motion to Quash ; denying as moot 384 Motion for Protective Order; denying as moot 385 Motion for Protective Order; Motions to compel 368 and 370 denied without prejudice to renew if appropriate after patent claims are resolved. So Ordered by Judge Joseph A. DiClerico, Jr. (dae) Modified on 12/24/2008 to add relationship to Docs 368 and 370.(dae).
December 29, 2008 395 Opinion or Order of the Court ORDER granting in part and denying in part 321 Motion for Protective Order; granting 343 Motion to Compel. So Ordered by Judge Joseph A. DiClerico, Jr. (kad)
December 29, 2008 396 Opinion or Order of the Court ///ORDER granting in part and denying in part 175 Motion for Summary Judgment. So Ordered by Judge Joseph A. DiClerico, Jr. (kad) Modified on 1/5/2009 to add: /// (dae).
December 29, 2008 398 Opinion or Order of the Court ORDER re: 367 Notice. The parties joint notice filed on November 26, 2008, is rejected because the parties failed to comply with the courts order. On or before January 12, 2009, the parties shall file a joint notice specifyin g in detail which parts of the pending motions have now been resolved or changed by the orders that have been issued to date. If the parties cannot agree as to the effect of the courts orders, they shall file separate notices with thorough explanatio ns for their disagreement and for their reasonable view of the effect of the courts orders. Disagreement with an order is not a reasonable basis to avoid its effect on other pending motions. Any response that fails to comply with this order or fails to provide detail as to the parts of pending motions that have been resolved or changed by intervening orders may result in sanctions, which could include dismissal of affected claims or defenses. Signed by Judge Joseph A. DiClerico, Jr. (kad)
January 7, 2009 406 Opinion or Order of the Court ///ORDER granting as outlined 202 Motion for Summary Judgment. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
January 16, 2009 418 Opinion or Order of the Court ORDER denying 411 Motion for Reconsideration Re: 396 Order on Motion for Summary Judgment. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
January 29, 2009 458 Opinion or Order of the Court ORDER - Trial scheduled for February 18, 2009 must be rescheduled to provide time to resolve pending matters. Trial period of 4/21/09 is open and available. Court to meet with counsel on February 3, 2009 to discuss scheduling and other matters. Counsel to review and be prepared to discuss at 2/3 conference the attached Proposed Procedural Order. Signed by Judge Joseph A. DiClerico, Jr. (Attachments: # 1 Proposed Procedural Order)(dae)
February 3, 2009 480 Opinion or Order of the Court ///SEALED ORDER granting in part and denying in part 171 Hypertherm's Motion for Summary Judgment of Infringement; denying 201 ATTC's Motion for Summary Judgment on Invalidity and Non-Infringement of US Patent Nos. 7,019,255 and 6,946,617; granting to the extent that its three listed parts do not infringe Claims 11 and 12 of the '988 patent and is otherwise denying 203 ATTC's Motion for Summary Judgment on Invalidity and Non-Infringement of the � 39;988 Patent; denying 199 ATTC's Motion for Partial Summary Judgment on Non-Infringement of U.S. Patent No. 6,207,923 at Level I. Signed by Judge Joseph A. DiClerico, Jr. (Attachments: # 1 Exhibit 5)(dae) Modified on 3/30/2009 unseal order per Order of 3/13/09. (dae).
February 3, 2009 483 Opinion or Order of the Court ORDER : Set Hearing as to 401 MOTION to Exclude ATTC's Proffered Technical "Expert" Testimony on Infringement and Invalidity Issues pursuant to Daubert - Motion Hearing set for 2/24/2009 09:30 AM ; Final Pretrial Conference set for 4/17/2009 10:30 AM ; Jury Selection/Trial set for two week period beginning 4/27/2009 09:30 AM before Judge Joseph A. DiClerico Jr.; Notice of Compliance Deadline set for 2/11/2009 - counsel to report back to the court re Doc. No. 403. Telephone Conference tentatively set for 4/3/2009 10:00 AM to review if necessary documents prepared pursuant to the procedural order issued this date. Signed by Judge Joseph A. DiClerico, Jr. (dae)
February 3, 2009 484 Opinion or Order of the Court PROCEDURAL ORDER re filing of glossary, charts, jury instructions, interrogatories and/or verdicts, statement of claims and defenses and exhibits. ( Miscellaneous Deadline set for 3/27/2009 for counsel to file documents as outlined; charts due 4/17/09), ( Exhibit Lists as outlined due by 4/10/2009.) Signed by Judge Joseph A. DiClerico, Jr. (dae)
February 19, 2009 511 Opinion or Order of the Court ORDER granting 421 Motion in Limine to Exclude Evidence of Other Litigation; granting in part and denying in part 429 Motion in Limine to preclude ATTC from offering testimony, argument, opinion or evidence that contradicts the Court's prior rulings ; granting 430 Motion in Limine to preclude ATTC from offering testimony, argument, opinion or evidence regarding claim construction ; granting in part and denying in part 431 Motion in Limine to preclude ATTC from seeking to introduce testimony, argument, opinion, or evidence in contradiction of its stipulation to dismiss unenforceability defense ; granting 432 Motion in Limine to preclude ATTC from seeking to introduce testimony, argument, opinion, or evide nce concerning the obviousness standard ; denying without prejudice 433 Motion in Limine to preclude ATTC from seeking to introduce testimony, argument, opinion, or evidence regarding ATTC patents or patent applications ; granting in part and denyi ng in part without prejudice 435 Motion in Limine No. 7 to preclude evidence re: ATTC counterclaims; denying 436 Motion in Limine No. 8 to preclude evidnece re: settlement negotiations or mediation; granting 446 Motion in Limine to Preclude ATTC from Offering Opinion Testimony from Fact Witnesses. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
February 20, 2009 512 Opinion or Order of the Court SEALED ORDER : denying 399 Motion to Exclude Evidence of Convoyed Sales at Trial ; denying 423 Motion in Limine to Exclude Evidence of Lost Profits; granting to the extent that Christopher Barry will not be permitted to give his opinion about which products constitute convoyed sales, otherwise denying 424 Motion to Exclude Expert Testimony on Convoyed Sales at Level I. Signed by Judge Joseph A. DiClerico, Jr. (dae) Modified on 3/16/2009 to unseal document per order 3/13/09. (dae).
February 27, 2009 515 Opinion or Order of the Court ORDER granting 401 Motion to Exclude ATTC's Profferred Technical "Expert" Testimony on Infringement and Invalidity Issues pursuant to Daubert. So Ordered by Judge Joseph A. DiClerico, Jr. (cmp)
March 4, 2009 518 Opinion or Order of the Court STIPULATED ORDER re 452 Motion in Limine to Enter Stipulation. Signed by Judge Joseph A. DiClerico, Jr. (dae)
March 16, 2009 521 Opinion or Order of the Court ORDER granting to the extent that the newly-disclosed drawings will not be used for any purpose at trial re: 422 Motion in Limine to Exclude Evidence of Recent Modifications; granting 448 Motion in Limine to Preclude ATTC from Using Drawings Belatedly Produced by ATTC on January 16, 2009. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
March 17, 2009 523 Opinion or Order of the Court ORDER granting 517 Motion for Leave to File Motion for Summary Judgment and Memo included as an exhibit to the Motion for Leave; ATTC to respond on or before 3/24/09. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)
April 30, 2009 530 Opinion or Order of the Court ORDER re sealed documents: all documents filed under seal shall remain sealed at this time. Signed by Judge Joseph A. DiClerico, Jr. (dae)
June 1, 2009 532 Opinion or Order of the Court MODIFIED STIPULATED PROTECTIVE ORDER granting 531 Motion for Protective Order. Signed by Judge Joseph A. DiClerico, Jr. (dae)

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