Bettcher Industries, Inc. v. Hantover, Inc. et al
| Bettcher Industries, Inc. |
| Hantover, Inc. and Heartland Fabrication & Machine, Inc. |
| 3:2014cv00406 |
| February 21, 2014 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Erie |
| Jeffrey J Helmick |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on February 22, 2019. A more recent docket listing may be available from PACER.
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Filing 100
Order of Case Dismissal with prejudice. Judge Jeffrey J. Helmick on 2/22/2019. (S,AL)
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| Filing 99 Stipulated Notice of Dismissal Under FRCP 41(a)(1) With Prejudice filed by Hantover, Inc.. (Hurd, Michael) |
| Filing 98 Marginal Entry Order granting the defendant's motion to exceed page limitations. Motions for summary judgment not to exceed 60 pages; oppositions not to exceed 40 pages; reply not to exceed 20 pages. (Related Doc #97 ) Judge Jeffrey J. Helmick on 2/19/2019.(S,AL) |
| Filing 97 Motion for leave to exceed page limitations filed by Counter-Claimant Hantover, Inc., Defendant Hantover, Inc.. (Gangel, Todd) |
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Order: (non document) this case is deemed a complex case. Judge Jeffrey J. Helmick on 2/14/2019. (S,AL)
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Filing 96
Order: Having considered the proposed schedules and related arguments submitted by the parties, it hereby is ordered that the case shall proceed according to the following deadlines: Discovery due by 12/10/2018. Dispositive Motions due by 2/21/2019; Responses due by 3/31/2019; Replies due by 4/4/2019. Final Pretrial Conference set for 6/3/2019 at 10:00 AM in Chambers 210 before Judge Jeffrey J. Helmick. Jury Trial set for 6/10/2019 at 09:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick. See order for full details and further deadlines. re #94 . Judge Jeffrey J. Helmick on 10/26/2018. (SG,D)
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| Filing 95 Memorandum Opinion and Order: I conclude the proper construction of the term inner bearing face as used in the '548 patent is area of the radially inner side of the body mounting structure that is located axially between the blade supporting section and the projection bearing faces and is capable of supporting mutual contact between the body mounting structure and the blade housing. Judge Jeffrey J. Helmick on 10/26/2018. (SG,D) |
| Filing 94 Joint Status Report of the Parties filed by Bettcher Industries, Inc.. Related document(s) #93 .(Shunk, Thomas) |
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Filing 93
Order: the parties shall file a joint status report on or before August 31, 2018, proposing new discovery and dispositive motion deadlines, as well as a trial date. If the parties do not agree on one or more of these dates, they shall provide a brief statement in support of their respective positions. Judge Jeffrey J. Helmick on 8/23/2018. (S,AL)
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| Filing 92 Memorandum Opinion and Order: Hantover's motion for reconsideration is denied. re #72 Judge Jeffrey J. Helmick on 8/22/2018. (S,AL) |
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Filing 91
Order: I clarify my May 11, 2018 Order by stating that the deadline proposed in the Local Patent Rules did not take immediate effect upon the lifting of the stay in that Order. I will propose revised deadlines to the parties for discussion following the issuance of my decision on Defendant's motion for reconsideration. re #89 Status Report filed by Bettcher Industries, Inc. Judge Jeffrey J. Helmick on 7/11/2018. (SG,D)
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| Filing 90 Appeal Order from the US Court of Appeals for the Federal Circuit: Denying the petition for a writ of mandamus re #88 (USCA# 2018-138). Circuit Judges: Moore, Wallach, and Taranto. (H,SP) |
| Filing 89 Joint Status Report of the Parties filed by Bettcher Industries, Inc.. Related document(s) #87 .(Shunk, Thomas) |
| Filing 88 Appeal Remark from the Court of Appeals for the Federal Circuit: A petition for writ of mandamus has been filed (USCA# 18-138) (H,SP) |
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Filing 87
Order of Telephone Conference held on 5/10/2018. Previous stay on all deadlines is lifted. The parties shall file a joint status report with proposed dates, including a trial date by 5/18/18. Time: 20 minutes Judge Jeffrey J. Helmick on 5/11/2018. (S,AL)
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| Filing 86 Reply in Support of Second Supplemental Claim Construction Brief filed by Hantover, Inc. Related document(s) #81 . (Hurd, Michael) |
| Filing 85 Supplemental Markman Brief - Plaintiff's Response To Defendant's Second Supplemental Claim Construction Brief filed by Bettcher Industries, Inc.. Related document(s) #81 , #82 ,. (Attachments: #1 Exhibit A - Virnetx v. Cisco claim construction order, #2 Exhibit B - Plaintiff's Third Amended Infringement Contentions)(Shunk, Thomas) |
| Filing 84 Transcript of Oral Argument held on March 13, 2018 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [77 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/2/2018. Redaction Request due 5/16/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/24/2018. (N,A) |
| Filing 83 Judgment Entry: For the reasons stated in the Memorandum Opinion filed contemporaneously, Hantover's motion to amend its answer, and motion for dismissal or transfer (Doc. #57 ) is denied. re #82 Judge Jeffrey J. Helmick on 4/25/2018. (S,AL) |
| Filing 82 Memorandum Opinion and Order: Hantover's motion to amend its answer and for dismissal or transfer is denied. re #57 Telephone Conference set for 5/10/2018 at 10:30 AM before Judge Jeffrey J. Helmick. The Court will initiate the call. Judge Jeffrey J. Helmick on 4/25/2018. (S,AL) |
| Notice [Non Document]: The telephone status conference scheduled for April 24, 2018 vacated pending adjudication of the pending motion. (S,AL) |
| Filing 81 Second Supplemental Claim Construction Brief, filed by Hantover, Inc. (Hurd, Michael) Modified text on 4/16/2018 (R,Ke). |
| Filing 80 Non-Appeal Transcript Order Form for proceedings held on 03/13/2018 before Judge Helmick, Court Reporter: A. Nixon. Requested completion date: ordinary delivery filed by Hantover, Inc.. (Hurd, Michael) |
| Filing 79 Letter Previously Sent To The Court Dated 01/19/2018 Responding To Letter Of 01/18/2018 From Defendant filed by Bettcher Industries, Inc.. Related document(s) #69 , #68 , #59 , #57 , #62 ,. (Shunk, Thomas) |
| Filing 78 Notice Of Filing Slides Used At Hearing filed by Bettcher Industries, Inc.. (Attachments: #1 Exhibit Oral Argument Slides from 3/13/2018 Hearing)Related document(s) #72 , #69 , #59 , #62 , #73 , #68 , #74 , #57 ,.(Shunk, Thomas) |
| Filing 77 Non-Appeal Transcript Order Form for proceedings held on 03/13/2018 before Judge Helmick, re Oral Argument - Final. Court Reporter: Angela Nixon. Requested completion date: ordinary delivery, filed by Bettcher Industries, Inc. (Shunk, Thomas) |
| Minutes of proceedings[non-document] before Judge Jeffrey J. Helmick. Oral Argument held on 3/13/2018. Arguments heard. Defendant to file supplemental brief by 4/12/18; response due 4/26/18; reply due 5/3/18. Telephone Conference set for 4/24/2018 at 6:00 PM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873.(Court Reporter: Angela Nixon.)Time: 1 hours 45 minutes. (S,AL) |
| Filing 76 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Christopher W. Dawson for Defendant Hantover, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #75 ). Judge Jeffrey J. Helmick on 3/1/2018.(SG,D) |
| Filing 75 Motion for attorney Christopher W. Dawson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8577105, filed by Defendant Hantover, Inc. (Attachments: #1 Declaration in Support of Motion to Appear) (Solomon, Steven - s/ by Christopher T. Meta). Modified text on 3/1/2018 (D,JJ). |
| Notice [Non Document]: Oral Argument set for 3/6/2018 vacated and rescheduled for 3/13/2018 at 1:00 PM in Courtroom 204 before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 74 Reply in support of #72 Motion for reconsideration of a Portion of The Court's Claim Construction Order filed by Hantover, Inc.. (Attachments: #1 Exhibit A - Jan 16 2018 emails, #2 Exhibit B - Jan 17 2018 letter)(Hurd, Michael) |
| Filing 73 Response to #72 Motion for reconsideration of a Portion of The Court's Claim Construction Order filed by Bettcher Industries, Inc.. (Shunk, Thomas) |
| Filing 72 Motion for reconsideration of a Portion of The Court's Claim Construction Order filed by Defendant Hantover, Inc.. (Attachments: #1 Memorandum in Support)(Hurd, Michael) |
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Filing 71
Order of Telephone Conference held on 1/22/2018. Bettcher's motion for oral argument on the pending motions is granted. (Doc. No. 61). Oral Argument set for 3/6/2018 at 01:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick. Counsel to submit a joint proposed agenda for the hearing no later than the close of business on 3/2/2018. Pursuant to L.P.R. 1.5, all deadlines subject to the Northern District of Ohio's Local Patent Rules are stayed until further order of this Court. Motions terminated: #61 Motion for oral argument on pending motions and to schedule trial and trial preparation dates filed by Bettcher Industries, Inc. Judge Jeffrey J. Helmick on 1/23/2018. Time: 20 minutes (SG,D)
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| Notice [Non Document]: Telephone Conference set for 1/22/2018 at 10:30 AM is moved to 4:00 PM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 123187. (S,AL) |
| Filing 70 Memorandum Opinion and Order: Frustoconical having the shape of a portion of the exterior surface of a cone with the narrow end or tip removed; a cone being a solid generated by a straight line, one end of which remains fixed while the other end moves around a closed curve.(First and second) bearing surface-the area of a part capable of supporting mutual contact with another part. Bearing location-the area of a part capable of supporting mutual contact with another part. Area of scoring-surface having lines made upon it or onto it. I find it unnecessary to construe the terms "line of bearing contact" or "annular bearing race," and decline to do so. Finally, both parties are granted leave to amend their infringement contentions within 20 days from the date of this Order. Judge Jeffrey J. Helmick on 1/9/2018. (S,AL) |
| Notice [Non Document]: Telephone Conference set for 1/22/2018 at 10:00 AM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 123187. (S,AL) |
| Filing 69 Response To Notice Of Authority filed by Bettcher Industries, Inc.. Related document(s) #68 , #61 , #57 . (Shunk, Thomas) |
| Filing 68 Notice of New Controlling Authority filed by Hantover, Inc.. (Attachments: #1 Exhibit A - In re Micron Technology)(Hurd, Michael) |
| Filing 67 Sur-Reply in opposition to motion for oral argument and status conference filed by defendant. Related document(s) #61 . (S,AL) |
| Filing 66 Marginal Entry Order granting defendant's motion for leave to file a sur-reply. (Related Doc #65 ). Judge Jeffrey J. Helmick on 10/2/2017.(S,AL) |
| Filing 65 Motion for leave to file a Surreply in Opposition to #61 Motion for Oral Argument and Status Conference to Set Dates filed by Defendant Hantover, Inc. (Attachments: #1 Proposed Surreply in Opposition to Motion for Oral Argument)(Hurd, Michael) Modified text on 9/28/2017 (R,Ke). |
| Filing 64 Reply in support of #61 Motion for oral argument on pending motions and to schedule trial and trial preparation dates filed by Bettcher Industries, Inc.. (Shunk, Thomas) |
| Filing 63 Opposition to #61 Motion for oral argument on pending motions and to schedule trial and trial preparation dates filed by Hantover, Inc.. (Hurd, Michael) |
| Filing 62 Reply in support of #57 Motion to Amend the Answer and Motion to dismiss or Transfer for Improper Venue filed by Hantover, Inc. (Hurd, Michael) Modified text on 9/13/2017 (R,Ke). |
| Filing 61 Motion for oral argument on pending motions and to schedule trial and trial preparation dates filed by Plaintiff Bettcher Industries, Inc.. Related document(s) #34 , #59 , #57 , #31 , #33 . (Shunk, Thomas) |
| Filing 60 SEALED Document:Declaration of Thomas H. Shunk in support of Opposition to Motion To Dismiss re Venue filed by Bettcher Industries, Inc. Related document(s) #19 , #57 , #59 . (Attachments: #1 Exhibit A - Hantover Doc HANT0027952, #2 Exhibit B - Hantover Doc HANT0039430)(Shunk, Thomas) Modified to add link on 9/1/2017 (R,Ke). |
| Filing 59 Opposition to #57 Motion to dismiss or Transfer for Improper Venue filed by Bettcher Industries, Inc. (Attachments: #1 Exhibit Slip Opinion, In re Nintendo)(Shunk, Thomas) Modified text on 9/1/2017 (R,Ke). |
| Filing 58 Amended #57 -2 Affidavit of Bernard Huff filed by Hantover, Inc. Related document(s) #57 . (Hurd, Michael) Modified link on 8/9/2017 (R,Ke). |
| Filing 57 Motion to Amend the Answer and Motion to dismiss or Transfer for Improper Venue filed by Defendant Hantover, Inc. (Attachments: #1 Brief in Support, #2 Affidavit of Bernard Huff)(Hurd, Michael). Added Motion, Motion to change/transfer venue on 8/7/2017 (R,Ke). |
| Minutes of proceedings (non-document) before Judge Jeffrey J. Helmick. Telephone Conference held on 1/19/2017. Time:.30. (S,AL) |
| Notice [Non Document]: Telephone Conference set for 1/10/2017 vacated and rescheduled for 1/19/2017 at 09:00 AM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Notice [Non Document]: Telephone Conference set for 1/10/2017 at 04:00 PM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Filing 56 Response to Defendant's Notice of Supplemental Authority filed by All Plaintiffs. Related document(s) #55 .(Kitchen, David) Modified text on 11/23/2016 (H,JD). |
| Filing 55 Notice of Supplemental Authority filed by Hantover, Inc.. (Attachments: #1 Exhibit A - Poly-America, L.P. v. API Industries, Inc.)Related document(s) #36 , #41 .(Hurd, Michael) |
| Filing 54 Transcript of Telephone Conference held on 3/31/16 before Judge James R. Knepp, II. To obtain a bound copy of this transcript please contact court reporter Tracy McGurk at 419-213-5520. [30 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/21/2016. Redaction Request due 5/5/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/13/2016. (M,Tl) |
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Filing 53
Order: Telephonic Discovery Dispute conference held on 3/31/2016 with counsel from both sides. In addition to the rulings the Court made on the record and for the reasons stated therein, Plaintiff will provide examples of its responsibility statements to Defendant within a reasonable time frame and prior to a Rule 30(b)(6) deposition of the appropriate individual who can address these and other financial accounting issues. Defendant will be allowed to conduct a follow-up deposition of Plaintiffs Rule 30(b) (6) witness at a later date, without prejudice. Magistrate Judge James R. Knepp, II (Court Reporter: Tracy Spore.)Time: 1 hour. (B,TM)
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| Notice [Non Document]: Telephone Conference set for 4/7/2016 is vacated and rescheduled for 3/31/2016 at 11:00 AM before Magistrate Judge James R. Knepp II. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Filing 52 Transcript of Telephone Conference held on 1/8/16 before Judge James R. Knepp, II. To obtain a bound copy of this transcript please contact court reporter Tracy McGurk at 419-213-5520. [35 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/30/2016. Redaction Request due 4/13/2016. Redacted Transcript Deadline set for 4/25/2016. Release of Transcript Restriction set for 6/21/2016. (M,Tl) |
| Notice [Non Document] of Telephone Conference (Discovery Dispute) set for 4/7/2016 at 01:30 PM before Judge Jeffrey J. Helmick. Counsel should call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
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Filing 51
Order of Telephone Conference held on 1/8/2016. The dispute is resolved and counsel for the parties to comply with the Court's instructions as instructed at the conclusion of the telephonic conference. Time:.40 (Court reporter: Tracy McGurk). Magistrate Judge James R. Knepp, II on 1/11/2016. (S,AL)
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| Notice [Non Document]: The Telephone Conference set for 1/7/2016 is vacated and rescheduled for 1/8/2016 at 2:30 PM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Notice [Non Document] of Telephone Discovery Conference set for 1/7/2016 at 02:30 PM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at (877) 411-9748, access code 1231873. (S,AL) |
| Filing 50 Reply to Amended Counterclaim of Defendant Hantover, Inc. filed by All Plaintiffs. Related document(s) #49 . (Kitchen, David) |
| Filing 49 Amended Answer to #1 Complaint, with Jury Demand, Counterclaim against Bettcher Industries, Inc. filed by Hantover, Inc. (Hurd, Michael) |
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Filing 48
Order granting defendant's Motion for leave to amend the pleadings.(Related Doc #45 ). Judge Jeffrey J. Helmick on 8/28/2015.(S,AL)
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| Filing 47 Reply in Support of Hantover's Supplemental Claim Construction Brief filed by Hantover, Inc.. Related document(s) #44 . (Hurd, Michael) |
| Filing 46 Supplemental Markman Brief Plaintiff's Response to Defendant's Supplemental Markman Brief filed by Bettcher Industries, Inc.. Related document(s) #44 . (Attachments: #1 Affidavit of David E. Kitchen)(Kitchen, David) |
| Filing 45 Motion for leave to Amend the Pleadings filed by Defendant Hantover, Inc.. Related document(s) #10 . (Attachments: #1 Brief in Support, #2 Redline of Answer, Defenses and Counterclaims, #3 Proposed Order)(Hurd, Michael) |
| Filing 44 Supplemental Markman Brief filed by Hantover, Inc.. (Attachments: #1 Exhibit H - Hantover's Final List of Claim Terms, #2 Exhibit I - Plaintiff's Final List of Claim Terms, #3 Exhibit J - April 30, 2015 letter, #4 Exhibit K - May 15, 2015 letter, #5 Exhibit L - Claim Chart for U.S. Pat. No. 6,978,548, #6 Exhibit M - Reading U.S. Pat. No. 6,978,548 on Hantover Blade Housing)(Hurd, Michael) |
| Filing 43 Transcript of Markman Hearing held on 7/20/15 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [96 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/31/2015. Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015. Related document(s) #42 . (S,Tr) |
| Filing 42 Daily Non-Appeal Transcript Order Form for proceedings held on July 20, 2015 before Judge Helmick, Court Reporter: Tracy Spore. Requested completion date: July 24, 2015 filed by Hantover, Inc.. (Hurd, Michael) |
| Minutes of proceedings[non-document] before Judge Jeffrey J. Helmick. Markman Hearing held on 7/20/2015. Oral arguments by Thomas Shunk and Michael Hurd given. Matter taken under advisement. (Court Reporter: Tracy Spore.)Time: 2.15. (S,AL) |
| Filing 41 Reply to response to #38 Motion for leave to file Reply Claim Construction Brief filed by Bettcher Industries, Inc.. (Kitchen, David) |
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Filing 40
Order of Telephone Conference held on 7/14/2015. The Markman hearing is confirmed for 7/20/2015 at 03:00 PM in Courtroom 204. Judge Jeffrey J. Helmick on 7/14/2015. Time: 20 min(SG,D)
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Filing 39
Order granting Motion for leave (Related Doc #38 ). Plaintff Bettcher is granted leave to file its proposed Reply Brief. Judge Jeffrey J. Helmick on 6/26/2015.(SG,D)
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| Notice [non-document] of Telephone Conference set for 7/8/2015 at 11:00 AM before Judge Jeffrey J. Helmick. Counsel to call the Court's bridge line at 419-213-5510, access code 551011. (SG,D) |
| Notice [non-document] of Telephone Conference previously set for 7/8/2015 is vacated and rescheduled for 7/14/2015 at 10:00 AM before Judge Jeffrey J. Helmick. Counsel to call the Court's bridge line at 419-213-5510, access code 551011. (SG,D) |
| Filing 38 Motion for leave to file Reply Claim Construction Brief filed by Plaintiff Bettcher Industries, Inc.. Related document(s) #36 . (Attachments: #1 Brief in Support, #2 Reply Brief, #3 Proposed Order)(Kitchen, David) |
| Filing 37 Joint Claim Construction And Prehearing Statement filed by All Plaintiffs. Related document(s) #36 , #34 , #35 , #33 .(Shunk, Thomas) |
| Filing 36 Reply Markman Brief filed by Hantover, Inc.. Related document(s) #34 . (Attachments: #1 Affidavit of Todd A. Gangel, #2 Exhibit D - prosecution history of United States Patent No. 6,769,184, #3 Exhibit D (cont.) - prosecution history of United States Patent No. 6,769,184, #4 Exhibit D (cont.) prosecution history of United States Patent No. 6,769,184, #5 Exhibit E - prosecution history of United States Patent No. 8,074,363, #6 Exhibit F - reexamination file of United States Patent No. 7,000,325, #7 Exhibit F (cont.) - reexamination file of United States Patent No. 7,000,325, #8 Exhibit F (cont.) - reexamination file of United States Patent No. 7,000,325, #9 Exhibit F (cont.) - reexamination file of United States Patent No. 7,000,325, #10 Exhibit G - Dictionary definition of race)(Hurd, Michael) |
| Filing 35 Reply Markman Brief filed by Bettcher Industries, Inc.. Related document(s) #33 . (Attachments: #1 Exhibit N - Opinion in 01 Communique v. Citrix)(Shunk, Thomas) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Settlement discussions held. Progress made but a settlement was not reached. With agreement, Judge Zouhary will continue discussions with counsel by phone over the next several weeks. (6 hrs) (S,Na) |
| Filing 34 Brief Defendant Hantover's Opening Claim Construction Brief filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hurd, Michael) |
| Filing 33 Brief of Opening Claim Construction filed by Bettcher Industries, Inc.. Related document(s) #31 . (Attachments: #1 Exhibit Summary Chart, #2 Exhibit 184 Patent, #3 Exhibit 325 Patent, #4 Exhibit 363 Patent, #5 Exhibit 452 Patent, #6 Exhibit 548 Patent, #7 Exhibit 2007 Settlement Agreement, #8 Exhibit Trans. from Bunzl Trial, #9 Exhibit J. Zouhary Markman Order, #10 Exhibit Hantover's Proposed Claim Construction, #11 Exhibit Webster's Dictionary, #12 Exhibit Nayler's Dictionary, #13 Exhibit Merriam-Webster Dictionary) (Kitchen, David) |
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Filing 32
Order setting Settlement Conference for 5/22/2015 at 10:00 AM in Chambers 203 before United States District Judge Jack Zouhary. Lead counsel and parties, or a representative with full authority to negotiate and settle, are to appear in person. Each party shall submit an ex parte letter summarizing case background and settlement position to Chambers by e-mail (zouhary_chambers@ohnd.uscourts.gov) at least 3 days before the Conference. Judge Jack Zouhary on 5/1/2015. (D,L)
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Filing 31
Order granting #30 the defendant's motion to amend the schedule on patent discosures and claim construction proceedings. Defendants' Non-infringement, Invalidity and Enforceability Contentions due January 23, 2015. Preliminary Identification of Terms to be construed by January 30, 2015. Plaintiff's Validity and Enforceability Contentions due February 13, 2015. Final Identification of Terms to be Construed February 27, 2015. Preliminary Claim Construction and Supporting Materials due by March 12, 2015. Identify Claim Construction Expert and Produce Report by March 27, 2015. Identify Rebuttal Claim Construction Expert and Produce Report by April 10, 2015. Completion of Claim Construction Expert Discovery April 24, 2015. Exchange Final Claim Construction May 1, 2015. Opening Claim Construction Briefs May 8, 2015. Response Claim Construction Briefs June 12, 2015. Joint Claim Construction Statement by June 19, 2015. Claim Construction Hearing scheduled for 7/20/15 at 1:30 p.m. Close of Fact Discovery due 30 days after Claim Construction Ruling. Judge Jeffrey J. Helmick on 1/21/2015.(S,AL)
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| Filing 30 Motion to amend the schedule on Patent Disclosures and Claim Construction Proceedings filed by Defendant Hantover, Inc. (Attachments: #1 Proposed Order)(Hurd, Michael) Modified text on 1/20/2015 (H,JD). |
| Filing 29 Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, Defendant's motion to dismiss (Doc. No. #8 ) is granted. Defendant Heartland Fabrication & Machine, Inc. is dismissed from this case. Judge Jeffrey J. Helmick on 1/7/2015. (S,AL) |
| Filing 28 Memorandum Opinion and Order : Defendant's motion to dismiss (Doc. No. 8) is granted. Defendant Heartland Fabrication & Machine, Inc. is dismissed from this litigation. (Related Doc #8 ). Judge Jeffrey J. Helmick on 1/7/2015.(S,AL) |
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Filing 27
Scheduling Order: The Court to rule on Motion to Dismissby December 31, 2014. Defendants' Non-infringement, Invalidity and Enforceability Contentions due January 16, 2015. Preliminary Identification of Terms to be construed by January 23, 2015. Plaintiff's Validity and Enforceability Contentions due February 6, 2015. Final Identification of Terms to be Construed February 20, 2015. Preliminary Claim Construction and Supporting Materials due by March 6, 2015. Identify Claim Construction Expert and Produce Report by March 20, 2015. Identify Rebuttal Claim Construction Expert and Produce Report by April 3, 2015. Completion of Claim Construction Expert Discovery April 17, 2015. Exchange Final Claim Construction April 24, 2015. Opening Claim Construction Briefs May 8, 2015. Response Claim Construction Briefs June 5, 2015. Joint Claim Construction Statement by June 12, 2015. Claim Construction Hearing scheduled for 7/20/15 at 1:30 p.m. Close of Fact Discovery due 30 days after Claim Construction Ruling. Judge Jeffrey J. Helmick on 12/15/2014. (S,AL)
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Filing 26
Order of Telephone Conference held on 11/25/2014. Discovery dispute is resolved. Counsel to endeavor to put together a new deadline schedule on patent disclosures and claim construction proceedings. Judge Jeffrey J. Helmick on 11/25/2014. Time: 15 min(SG,D)
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| Notice [non-document] Telephone Conference set for 11/25/2014 at 10:30 AM before Judge Jeffrey J. Helmick and the Court will initiate the call. (SG,D) |
| Filing 25 SEALED Document:Reply in Support of Motion to Dismiss filed by Heartland Fabrication & Machine, Inc.. Related document(s) #19 , #8 . (Attachments: #1 Affidavit of Michael B. Hurd, #2 Exhibit A - Hudson Deposition, #3 Exhibit B - Huff Deposition, #4 Exhibit C - Hudson Exh. 6, #5 Exhibit D - Hudson Exh. 5, #6 Exhibit E - Hudson Exh. 26, #7 Exhibit F - Hudson Exh. 27, #8 Exhibit G - Huff Exh. 9, #9 Exhibit H - Hudson Exh. 7, #10 Exhibit I - Hudson Exh. 8, #11 Exhibit J - Hudson Exh. 9)(Hurd, Michael) |
| Filing 24 SEALED Opposition to #8 Motion to dismiss for lack of jurisdiction , filed by Plaintiff Bettcher Industries, Inc.. Related document(s) #8 , #19 . (Attachments: #1 Declaration of David E. Kitchen, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(Kitchen, David) Modified text and security on 8/29/2014 (M,L). |
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Filing 23
Order granting #22 plaintiff's motion for extension of time until 9/17/14 to respond to Hantover Inc's first set of interrogatories and first set of requests for production of documents. Judge Jeffrey J. Helmick on 8/25/2014.(S,AL) Modified text on 8/25/2014 (H,JD).
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| Filing 22 Motion for extension of time until September 17, 2014 to file a Response to Hantover Inc.'s First Set of Interrogatories and First Set of Requests for Production filed by Plaintiff Bettcher Industries, Inc. (Attachments: #1 Brief in Support, #2 Hantover First Interrogatories, #3 Hantover First Requests For Production, #4 Proposed Order)(Kitchen, David) Modified text on 8/19/2014 (H,JD). |
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Filing 21
Order re. Deadlines on Patent Disclosures and Claim Construction Proceedings: Completion of Jurisdictional discovery by August 15, 2014. Completion of Briefing on Motion to Dismiss for Lack of Personal jurisdiction by September 12, 2014. Ruling on Motion to dismiss by October 13, 2014. Defendants' Non-infringement, Invalidity and Enforcability Contentions Due by November 3, 2014. Preliminary Identification of Terms to be Construed by November 10, 2014. Plaintiff's Validity and Enforceability Contentions Due by November 24, 2014. Final Identification of Terms to be construed by December 1, 2014. Preliminary Claim Construction and Supporting Materials by December 15, 2014. Identify Claim Construction Expert and Produce Report by December 29, 2014. Identify Rebuttal Claim Construction Expert and Produce Report by January 12, 2015. Completion of Claim Construction Expert discovery by January 26, 2015. Exchange Final Claim Construction by February 2, 2015. Opening Claim Construction Briefs by February 16, 2015. Response Claim Construction Briefs by March 16, 2015. Joint Claim Construction statement by March 23, 2015. Claim Construction Hearing May 7, 2015 at 9:30 a.m. (including setting a date for the close of fact discovery). Following a ruling on Claim Construction, the Court will schedule a Status Conference to address remaining deadlines. Judge Jeffrey J. Helmick on 8/11/2014. (S,AL)
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Filing 20
Order of Telephone Conference held on 6/27/14. The discovery dispute is resolved. Current deadlines modified, along the lines suggested by Defendants. The Defendants shall submit a proposed order regarding the deadlines which assumes a ruling thirty days following the filing of the reply. Judge Jeffrey J. Helmick on 7/1/14. Time: 30 min (SG,D)
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| Notice [non-document]: Telephone Conference previously set for 6/26/2014 at 2:30 PM is vacated and rescheduled for 6/27/2014 at 11:00 AM. The Court will initiate the call. (SG,D) |
| Filing 19 Stipulated Protective Order (see order for full details) (Related Doc #18 ). Judge Jeffrey J. Helmick on 6/25/2014.(S,AL) |
| Notice [Non Document] of Telephone Conference set for 6/26/2014 at 02:30 PM before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 18 Joint Motion for protective order filed by Plaintiff Bettcher Industries, Inc.. (Attachments: #1 Exhibit Stipulated Protective Order)(Kitchen, David) |
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Filing 17
Order: The Court conducted a telephonic discovery dispute conference on May 13, 2014. Based upon my review of the submissions and discussion with counsel for the parties, I will allow limited discovery as requested by the Plaintiff. Upon completion of this discovery, Plaintiff shall have fourteen (14) days to file its opposition to Heartland's motion to dismiss. Thereafter, Heartland is granted fourteen (14) days to submit its reply. Judge Jeffrey J. Helmick on 5/19/2014. (S,AL)
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| Filing 16 Reply To CounterClaim of Defendant Hantover, Inc. filed by All Plaintiffs. Related document(s) #10 . (Kitchen, David) |
| Filing 15 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Todd A. Gangel for Hantover, Inc. and Heartland Fabrication & Machine, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #14 ). Judge Jeffrey J. Helmick on 5/14/2014.(S,AL) |
| Minutes of proceedings before Judge Jeffrey J. Helmick.Telephone Discovery Dispute Conference held on 5/12/104. Time:.30. (S,AL) |
| Notice [Non Document] of Telephone Discovery Conference set for 5/13/2014 at 01:30 PM before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 14 Motion for attorney Todd A. Gangel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6536576, filed by Hantover, Inc., Heartland Fabrication & Machine, Inc.. (Attachments: #1 Affidavit Affidavit of Todd Gangel)(Meta, Christopher) |
| Filing 13 Joint Case Management Notice - LPR 1.5 filed by Bettcher Industries, Inc.. (Shunk, Thomas) |
| Filing 12 Corporate Disclosure Statement filed by Heartland Fabrication & Machine, Inc. (Hurd, Michael) |
| Filing 11 Corporate Disclosure Statement filed by Hantover, Inc. (Hurd, Michael) |
| Filing 10 Answer to #1 Complaint with jury demand, defenses, and Counterclaim against Bettcher Industries, Inc. filed by Hantover, Inc. (Hurd, Michael) Modified as to text on 4/22/2014 (H,JD). |
| Filing 9 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Michael B. Hurd for Defendants Heartland Fabrication & Machine, Inc. and Hantover, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #7 ). Judge Jeffrey J. Helmick on 4/17/14.(SG,D) |
| Filing 8 Motion to dismiss for lack of jurisdiction filed by Defendant Heartland Fabrication & Machine, Inc.. (Attachments: #1 Brief in Support Memorandum in support of motion, #2 Affidavit Declaration of Michael Hudson, #3 Proposed Order Proposed order granting motion)(Solomon, Steven) |
| Filing 7 Motion for attorney Michael B. Hurd to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6500056, filed by Hantover, Inc., Heartland Fabrication & Machine, Inc.. (Attachments: #1 Affidavit Affidavit of Michael B. Hurd)(Solomon, Steven) |
| Filing 6 Waiver of Service Returned Executed by Bettcher Industries, Inc.. Heartland Fabrication & Machine, Inc. waiver sent on 2/25/2014, answer due 4/28/2014. filed on behalf of Bettcher Industries, Inc. (Shunk, Thomas) |
| Filing 5 Waiver of Service Returned Executed by Bettcher Industries, Inc. Hantover, Inc. waiver sent on 2/25/2014, answer due 4/28/2014. Filed on behalf of Bettcher Industries, Inc. (Shunk, Thomas) Modified text on 3/5/2014 (M, S). |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Hantover, Inc., Heartland Fabrication & Machine, Inc. (Attachments: #1 Magistrate Consent Form) (M,L) |
| Filing 3 Corporate Disclosure Statement filed by Bettcher Industries, Inc.. (Shunk, Thomas) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Bettcher Industries, Inc.. (Shunk, Thomas) |
| Filing 1 Complaint with jury demand against Hantover, Inc., Heartland Fabrication & Machine, Inc.. Filing fee paid $ 400, Receipt number 0647-6416413. Filed by Bettcher Industries, Inc.. (Attachments: #1 Exhibit A - '184 Patent, #2 Exhibit B - '325 Patent, #3 Exhibit C - '363 Patent, #4 Exhibit D - '452 Patent, #5 Exhibit E - '548 Patent, #6 Exhibit F - 2007 Settlement Agreement, #7 Civil Cover Sheet, #8 Summons re Hantover, Inc., #9 Summons re Heartland Fabrication) (Shunk, Thomas) |
| Judge Jeffrey J. Helmick assigned to case. (M,L) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerks office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (M,L) |
| This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (M,L) |
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