InterMetro Industries Corporation v. Capsa Solutions, LLC
| InterMetro Industries Corporation |
| Capsa Solutions, LLC |
| 3:2013cv02853 |
| November 22, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Robert D Mariani |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| DOCKET ANNOTATION: document 95 was deleted. To be filed in the correct case. (cl) |
Filing 94
ORDER that all claims in the above-captioned action against Capsa are hereby dismissed with prejudice. Each party is to bear its own fees and costs.Signed by Honorable Robert D. Mariani on 11/3/15. (jfg)
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| Filing 93 STIPULATION of Dismissal with Prejudice by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order Granting Dismissal)(Forbis, Glenn) |
| Filing 92 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Scott D Eads terminated on behalf of Capsa Solutions, LLC. (Budman, Jan) |
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Filing 91
ORDER upon consideration of the parties' Joint Motion for Fifth Additional Stay Pending Execution of Settlement Agreement, the motion is hereby GRANTED. This case and all associated due dates shall be stayed by a period of thirty (30) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on the consolidated Stipulated Amended Scheduling Order as it relates to Enovate Medical, LLC.Signed by Honorable Robert D. Mariani on 10/5/15 (jfg)
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| Filing 90 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Fifth Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 89
ORDER upon consideration of the parties' Joint Motion for Fourth Additional Stay Pending Execution of Settlement Agreement, the motion is hereby GRANTED. This case and all associated due dates shall be stayed by a period of thirty (30) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on the consolidated Stipulated Amended Scheduling Order as it relates to EnovateMedical, LLC.Signed by Honorable Robert D. Mariani on 9/2/15 (jfg)
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| Filing 88 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Fourth Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 87
ORDER upon consideration of the parties' Joint Motion for Third Additional Stay Pending Execution of Settlement Agreement, the motion is hereby GRANTED. This case and all associated due dates shall be stayed by a period of ten (10) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on the consolidated Stipulated Amended Scheduling Order as it relates to Enovate Medical, LLC.Signed by Honorable Robert D. Mariani on 8/20/15 (jfg)
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| Filing 86 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Third Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 85
ORDER granting #84 Motion to Stay - This case and all associated due dates shall be STAYED FOR A PERIOD OF TWENTY-ONE (21) DAYS to provide the parties time to reduce their agreement to writing and execute it. THIS ORDER SHALL HAVE NO EFFECT on the consolidated Stipulated Amended Scheduling Order as it relates to Enovate Medical, LLC. Signed by Honorable Robert D. Mariani on 7/30/15 (rdmsec, ) Modified on 7/31/2015 (rdmsec, ).
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| Filing 84 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Second Additional Stay)(Forbis, Glenn) |
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Filing 83
ORDER upon consideration of the parties' Joint Motion for additional stay pending Execution of Settlement Agreement, the motion is hereby GRANTED. This case and all associated due dates shall be stayed by a period of thirty (30) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on the consolidated Stipulated Amended Scheduling Order as it relates to EnovateMedical, LLC.Signed by Honorable Robert D. Mariani on 6/30/15 (jfg)
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| Filing 82 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 81
ORDER upon consideration of the parties' Joint Motion for Stay Pending Execution of Settlement Agreement, the motion is hereby GRANTED. This case and all associated due dates shall be stayed by a period of thirty (30) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on the consolidated Stipulated Amended Scheduling Order as it relates to EnovateMedical, LLC.Signed by Honorable Robert D. Mariani on 6/3/15 (jfg)
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| Filing 80 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
| Filing 79 OMNIBUS ORDER - DEFER RULING re #77 MOTION for Markman Hearing Oral Argument filed by InterMetro Industries Corporation until after the Motions to Dismiss are resolved. Signed by Honorable Robert D. Mariani on 2/20/15. (lh) |
| Filing 78 RESPONSE by InterMetro Industries Corporation to #69 Brief,, Plaintiff's Responsive Brief to Defendants' Opening Claim Construction Brief. (Attachments: #1 Exhibit List, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7)(Forbis, Glenn) |
| Filing 77 MOTION for Markman Hearing Oral Argument by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Plaintiff's Motion For Markman Hearing Oral Argument)(Forbis, Glenn) |
| Filing 76 RESPONSE by Capsa Solutions, LLC to #70 Document Filed,, Defendants' Joint Responsive Claim Construction Brief. (Attachments: #1 Exhibit(s) Table of Contents of Exhibits, #2 Exhibit(s) S, #3 Exhibit(s) T, #4 Exhibit(s) U)(Wolfgang, Jayson) |
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Filing 75
ORDER granting #74 Motion to Extend Word-Count Limit for Responsive Claim Construction Briefs. Signed by Honorable Robert D. Mariani on 2/19/15 (lh)
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| Filing 74 MOTION To Extend Word-Count Limit For Responsive Claim Construction Briefs with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Motion to Extend Word-Count Limit)(Forbis, Glenn) |
| Filing 73 by InterMetro Industries Corporation. Amended Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Amended Joint Claim Construction Chart)(Forbis, Glenn) |
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Filing 72
ORDER upon consideration of the Parties' Joint Motion for Leave to Amend the Joint Claim Construction Chart, it is hereby ORDERED that said Motion is GRANTED. The Parties may submit the Amended Joint Claim Construction Chart identified as Exhibit 1 in the Parties' Joint Motion for Leave to Amend the Joint Claim Construction Chart. Signed by Honorable Robert D. Mariani on 1/16/15 (jfg)
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| Filing 71 Joint MOTION to Amend/Correct the Joint Claim Construction Chart by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order Granting Joint Motion for Leave to Amend the Joint Claim Construction Chart)(Forbis, Glenn) |
| Filing 70 by InterMetro Industries Corporation. InterMetro's Initial Claim Construction Brief. (Attachments: #1 Exhibit(s) Exhibit Table of Contents, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26)(Forbis, Glenn) |
| Filing 69 BRIEF by Capsa Solutions, LLC. Defendants' Joint Opening Claim Construction Brief, filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R)(Wolfgang, Jayson) |
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Filing 68
ORDER upon consideration of Plaintiffs Motion to Extend Word Count Limit for Initial Claim Construction Briefs, it is hereby ORDERED that said Motion is GRANTED. InterMetro's Initial Claim Construction Brief and Defendants' joint Initial Claim Construction Brief shall each have no more than 15,000 words.Signed by Honorable Robert D. Mariani on 1/14/15 (jfg)
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| Filing 67 MOTION To Exceed Word Count Limit on Initial Claim Construction Briefs with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Motion to Exceed Word Count Limit)(Forbis, Glenn) |
| Filing 66 by InterMetro Industries Corporation. Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Claim Chart)(Forbis, Glenn) |
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Filing 65
ORDER DISMISS WITHOUT PREJUDICE THE CLAIMS IN PLAINTIFF INTERMETRO'S FIRST AMENDED COMPLAINT THAT DEFENDANT CAPSA SOLUTIONS, LLC'S ALLEGED PATENT INFRINGEMENT HAS BEEN WILLFUL. Signed by Honorable Robert D. Mariani on 12/19/14. (jfg)
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| Filing 64 STIPULATION re #52 Amended Complaint,,,,,,, Stipulated Order to Dismiss Without Prejudice the Claims in Plaintiff's First Amended Complaint that Defendant's Alleged Patent Infringement Has Been Willful by Capsa Solutions, LLC, filed by Capsa Solutions, LLC. Related document: #52 Amended Complaint,,,,,,, filed by InterMetro Industries Corporation.(Wolfgang, Jayson) |
| Filing 63 REPLY BRIEF re #53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Wolfgang, Jayson) |
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Filing 62
ORDER that the Parties' Joint Motion to Amend Contentions Relating to the Infringement and Validity of Inter Metro's Patents is hereby GRANTED, as follows: (1) Leave is hereby granted for InterMetro's Supplemental Infringement Contentions; (2) Leave is hereby granted for Capsa's First Amended Invalidity Contentions and Capsa's First Amended Noninfringement Contentions; and (3) InterMetro shall serve its response, if any, to Capsa's First Amended Invalidity Contentions by no later than January 19, 2015.The Parties otherwise retain the ability to further amend their respective contentions after a Markman hearing, as set forth in the COUlt's initial case management Order (Doc. 44 10 and 11), or for other good cause.Signed by Honorable Robert D. Mariani on 12/17/14 (jfg)
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| Filing 61 MOTION Joint to Amend Contentions Relating to the Infringement and Validity of Intermetro's Patents, filed by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
| DOCKET ANNOTATION: Document #59, filed 11/24/2014, has been deleted per request of Atty - it has been refiled as Document #60. (rm) |
| Filing 60 BRIEF IN OPPOSITION re #53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint filed by InterMetro Industries Corporation. (Attachments: #1 Certificate of Word Count, #2 Index of Exhibits, #3 Exhibit(s) 1-Unpublished Case Law, #4 Exhibit(s) 2-Unpublished Case Law, #5 Exhibit(s) 3-Unpublished Case Law, #6 Exhibit(s) 4-Unpublished Case Law, #7 Exhibit(s) 5-Unpublished Case Law, #8 Exhibit(s) 6-Unpublished Case Law, #9 Exhibit(s) 7-Unpublished Case Law, #10 Exhibit(s) 8-Unpublished Case Law, #11 Exhibit(s) 9-Unpublished Case Law, #12 Exhibit(s) 10-Unpublished Case Law, #13 Exhibit(s) 11-Unpublished Case Law, #14 Exhibit(s) 12-Unpublished Case Law, #15 Exhibit(s) 13-Unpublished Case Law, #16 Exhibit(s) 14-Unpublished Case Law, #17 Exhibit(s) 15-Unpublished Case Law, #18 Exhibit(s) 16-Unpublished Case Law, #19 Exhibit(s) 17-Unpublished Case Law, #20 Exhibit(s) 18-Unpublished Case Law)(Moustakas, George) |
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Filing 58
ORDER - Plaintiff's Opposition Brief to DefendantCapsa Solutions, LLC's Motion to Dismiss First Amended Complaint andDefendant's Reply Brief in Support of its Motion to Dismiss First AmendedComplaint shall each contain no more than 25 pages or 6,500 words, whichever isgreater.Signed by Honorable Robert D. Mariani on 11/20/14. (jfg)
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| Filing 57 STIPULATION to Exceed Page Limit and Word Count by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order to Exceed Page Count and Word Limit)(Forbis, Glenn) |
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Filing 56
ORDER In connection with the four cases listed above, counsel for Plaintiff InterMetro Industries Corporation and counsel for Defendants Capsa Solutions, LLC ("Capsa"); Enovate Medical, LLC ("Enovate Medical"); Ergotron, Inc. ("Ergotron"); and Howard Industries, Inc. d/b/a/ Howard Medical ("Howard") stipulate and agree to the extend the deadline for InterMetro to file a Brief in Opposition to each Defendant's Motion to Dismiss InterMetro's First Amended Complaint to on or before November 24, 2014 and to extend the deadline for each Defendant to file a Reply Brief in Support of its Motion to Dismiss to on or before December 18, 2014.Signed by Honorable Robert D. Mariani on 11/17/14. (jfg)
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| Filing 55 STIPULATION for Extension of Time by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order For Extension)(Forbis, Glenn) |
| Filing 54 BRIEF IN SUPPORT re #53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K)(Wolfgang, Jayson) |
| Filing 53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint by Capsa Solutions, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence)(Wolfgang, Jayson) |
| Filing 52 AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Capsa Solutions, LLC, filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27, #29 Exhibit(s) 28, #30 Exhibit(s) 29, #31 Exhibit(s) 30, #32 Exhibit(s) 31, #33 Exhibit(s) 32, #34 Exhibit(s) 33, #35 Exhibit(s) 34, #36 Exhibit(s) 35, #37 Exhibit(s) 36, #38 Exhibit(s) 37, #39 Exhibit(s) 38, #40 Exhibit(s) 39, #41 Exhibit(s) 40, #42 Exhibit(s) 41, #43 Exhibit(s) 42, #44 Exhibit(s) 43, #45 Exhibit(s) 44, #46 Exhibit(s) 45, #47 Exhibit(s) 46, #48 Exhibit(s) 47, #49 Exhibit(s) 48, #50 Exhibit(s) 49, #51 Exhibit(s) 50, #52 Exhibit(s) 51, #53 Exhibit(s) 52, #54 Exhibit(s) 53, #55 Exhibit(s) 54, #56 Exhibit(s) 55, #57 Exhibit(s) 56, #58 Exhibit(s) 57, #59 Exhibit(s) 58, #60 Exhibit(s) 59, #61 Exhibit(s) 60, #62 Exhibit(s) 61, #63 Exhibit(s) 62, #64 Exhibit(s) 63, #65 Exhibit(s) 64, #66 Exhibit(s) 65, #67 Exhibit(s) 66, #68 Exhibit(s) 67, #69 Exhibit(s) 68, #70 Exhibit(s) 69, #71 Exhibit(s) 70, #72 Exhibit(s) 71, #73 Exhibit(s) 72, #74 Exhibit(s) 73, #75 Exhibit(s) 74, #76 Exhibit(s) 75, #77 Exhibit(s) 76, #78 Exhibit(s) 77, #79 Exhibit(s) 78, #80 Exhibit(s) 79, #81 Exhibit(s) 80, #82 Exhibit(s) 81, #83 Exhibit(s) 82)(Forbis, Glenn) |
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Filing 51
ORDER granting #50 Motion to Amend Scheduling Order. All other provisions of the May 8. 2014 Scheduling Order not modified by this Order shall remain in effect. SEE STIPULATED ORDER FOR DETAILS.Signed by Honorable Robert D. Mariani on 10/14/14 (ao)
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| Filing 50 Joint MOTION to Amend/Correct #47 Order on Motion to Amend/Correct,,,,,,,,, by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order Amending May 8, 2014 Scheduling Order)(Forbis, Glenn) |
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Filing 49
ORDER upon consideration of Defendant Capsa Solutions, LLC's Motion to Dismiss (Doc. 33), IT IS HEREBY ORDERED THAT: 1. The Motion to Dismiss (Doc. 33) is GRANTED. 2. Plaintiffs Willful Infringement claims are DISMISSED WITH LEAVE TO AMEND. 3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to submit an Amended Complaint that cures the defects cited in the Court's Memorandum Opinion.Signed by Honorable Robert D. Mariani on 9/30/14 (jfg)
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| Filing 48 OMNIBUS MEMORANDUM OPINION - For the reasons discussed above, Capsa, Enovate, and Howard's Motions to Dismiss (3:13-CV-02853, Doc. 33; 3:13-CV-02854, Doc. 35; and 3:13-CV-02856, Doc. 29, respectively) are GRANTED. Separate Orders follow. Signed by Honorable Robert D. Mariani on 9/30/14. (jfg) |
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Filing 47
ORDER 1. Motions to amend the pleadings shall be filed no later than December 19, 2014. 2. Defendants shall serve their Invalidity Contentions by July 28, 2014. 3. Each Defendant shall serve its Non-Infringement Contentions by July 28, 2014. 4. Plaintiff shall serve its Validity Contentions by September 30,2014. 5. Motions to amend Infringement and Invalidity Contentions shall be filed no later than December 19, 2014. The parties shall serve responsive Non-Infringement and Validity Contentions within 30 days after such amendments.6. Parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction on October 9,2014. 7. Parties shall exchange their proposed construction of the term(s)/phrase(s) referenced in (6) identified by any party for construction by October 23, 2014. 8. Parties shall meet and prepare a Joint Claim Construction Chart to be filed on December 11,2014.9. Parties shall simultaneously file initial briefs on claim construction issues on January 15, 2015. 10. Parties shall simultaneously file answering/responsive claim construction briefs on February 19, 2015.11.All fact discovery shall be commenced in time to be completed by September 4, 2015, or 90 days after issuance of the court's Claim Construction Order, whichever is later. 12. The party carrying the initial burden of proof on the subject matter shall disclose expert testimony no later than October 5, 2015, or 120 days after issuance of the court's Claim Construction Order, whichever is later. 13. Any rebuttal reports offered to contradict or rebut an opening expert report disclosed by another party are due by December 18, 2015, or 180 days after issuance of the court's Claim Construction Order, whichever is later. 14. All expert discovery shall be commenced in time to be completed by February 18, 2016, or 240 days after issuance of the court's Claim Construction Order, whichever is later. 15. All dispositive motions and Daubert motions shall be filed no later than March 22,2016, or 275 days after issuance of the court's Claim Construction Order, whichever is later.16. Any provision of this Court's February 28 Scheduling Order not directly modified by the amendments above remains fully in effect. Signed by Honorable Robert D. Mariani on 5/8/14 (jfg)
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| Filing 46 Joint MOTION to Amend/Correct #44 Order,,,,,,,,,,,,, by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Proposed Order Granting Joint Motion for Entry of Stipulated Order Amending February 28 2014 Scheduling Order)(Forbis, Glenn) |
| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CMC by way of teleconference on 2/26/14 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. 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. Redaction Request due 5/2/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/10/2014. (cr) |
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Filing 44
ORDER 1. Motions to join additional parties shall be filed no later than April 24, 2014. 2. Motions to amend the pleadings shall be filed no later than October 27,2014. 3. Excluding experts, Plaintiff may take up to 231 hours of fact depositions and no more than 49 hours of fact depositions (including its current or former employees) of anyone Defendant. 4. Excluding experts, Defendants may collectively take up to 231 hours of fact depositions. 5.Plaintiff shall serve its Infringement Contentions on each Defendant by March27,2014. 6. Defendants shall serve their Invalidity Contentions by May 29,2014.7. Each Defendant shall serve its Non-Infringement Contentions by May 29,2014.8. Plaintiff shall serve its Validity Contentions by July 2,2014.9. Motions to amend Infringement and Validity Contentions shall be filed no later than October 27,2014. The parties shall serve responsive Non-Infringement and Validity Contentions within 30 days after such amendments.10.Plaintiff may further amend its Infringement Contentions within 30 days after issuance of the Markman Order to the extent that any such amendments are predicated on the Court's adoption of aconstruction for aclaim term that differs from Plaintiff's proposed construction. 11. Each Defendant may amend its Invalidity Contentions within 60 days after issuance of the Markman Order to the extent that any such amendments are predicated on the court's adoption of aconstruction for aclaim term that differs from the Defendants' proposed construction and/or within 30 days after any amendment or supplement by Plaintiff of InterMetro's Infringement Contentions. 12. Parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction on July 11, 2014. 13. Parties shall exchange their proposed construction of the terrn(s)/phrase(s) referenced in (13) identified by any party for construction by July 25,2014. 14. Parties shall meet and prepare aJoint Claim Construction Chart to be filed on September 12, 2014. 15. Parties shall simultaneously file initial briefs on claim construction issues on October 1, 2014. 16.Parties shall simultaneously file answering/responsive claim construction briefs on October 31,2014. 17. All fact discovery shall be commenced in time to be completed by June 1, 2015, or 90 days after issuance of the court's Claim Construction Order, whichever is later. 18. The party carrying the initial burden of proof on the subject matter shall disclose expert testimony no later than July 1, 2015, or 120 days after issuance of the court's Claim Construction Order, whichever is later. 19. Any rebuttal reports offered to contradict or rebut an opening expert report disclosed by another party are due by August 27, 2015, or 180 days after issuance of the court's Claim Construction Order, whichever is later. 20. All expert discovery shall be commenced in time to be completed by October 29, 2015, or 240 days after issuance of the court's Claim Construction Order, whichever is later. 21.All dispositive motions and Daubert motions shall be filed no later than December 3, 2015, or 275 days after issuance of the court's Claim Construction Order, whichever is later. Signed by Honorable Robert D. Mariani on 2/28/14. (jfg)
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| Filing 42 REPLY BRIEF re #33 MOTION to Dismiss Willful Infringement Claims of Plaintiff Memorandum in Reply to Intermetro's Opposition to Capsa's Motion to Dismiss filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Beel, Bryan) |
| Filing 41 Letter from Glenn E. Forbis on behalf of all the parties regarding fact depositions. (Forbis, Glenn) |
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Filing 40
ORDER granting #37 Motion for ESTABLISHING PROTOCOL FOR ELECTRONIC DISCOVERY.Signed by Honorable Robert D. Mariani on 2/26/24 (jfg)
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Filing 39
ORDER granting #36 Motion for Protective Order. Signed by Honorable Robert D. Mariani on 2/26/14 (jfg)
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| Filing 38 CASE MANAGEMENT PLAN (JOINT) by InterMetro Industries Corporation. (Attachments: #1 Appendix A - Stipulated Order Establishing Protocol for Electronic Discovery, #2 Appendix B - Stipulated Protective Order)(Forbis, Glenn) |
| Filing 37 Joint MOTION for Entry of Stipulated Order Establishing Protocol for Electronic Discovery by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Order Establishing Protocol for Electronic Discovery)(Forbis, Glenn) |
| Filing 36 Joint MOTION for Protective Order (Entry of) by InterMetro Industries Corporation. (Attachments: #1 Proposed Order for Stipulated Protective Order)(Forbis, Glenn) |
| Filing 35 BRIEF IN OPPOSITION re #33 MOTION to Dismiss Willful Infringement Claims of Plaintiff InterMetro filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) A - Unpublished Case Law, #3 Exhibit(s) B - Unpublished Case Law, #4 Exhibit(s) C - Unpublished Case Law, #5 Exhibit(s) D - Unpublished Case Law, #6 Exhibit(s) E - Unpublished Case Law)(Forbis, Glenn) |
| Filing 34 BRIEF IN SUPPORT re #33 MOTION to Dismiss Willful Infringement Claims of Plaintiff filed by Capsa Solutions, LLC. (Attachments: #1 Unpublished Opinion(s), #2 Unpublished Opinion(s), #3 Unpublished Opinion(s), #4 Unpublished Opinion(s))(Wolfgang, Jayson) |
| Filing 33 MOTION to Dismiss Willful Infringement Claims of Plaintiff by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
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Filing 32
ORDER granting all #25 , #23 , #29 , #30 Motions to Withdraw as Attorney. ; Dale M. Heist and John Frank Murphy terminated; Signed by Honorable Robert D. Mariani on 1/8/2013 (rm)
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Filing 31
ORDER upon consideration of oncurred-in Motion for Further Extension ofDefendant Capsa Solutions, LLC's Time in Which to File a Pleading or Motion in Response to Plaintiff's Complaint, it is hereby ORDERED that said Motion is GRANTED. Defendant shall have until January 24, 2014, to file a pleading or motion in response to Plaintiff's Complaint.Signed by Honorable Robert D. Mariani on 1/8/14 (jfg)
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| Filing 30 MOTION to Withdraw as Attorney with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Murphy, John) |
| Filing 29 MOTION to Withdraw with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Heist, Dale) |
| Filing 28 MOTION for Further Extension of Time Concurred-In Motion for Further Extension of Time, filed by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
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Filing 27
ORDER: Case Management Conference set for 2/26/2014 11:00 AM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 1/2/14. (jfg)
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| Filing 26 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Capsa Solutions, LLC. (Wolfgang, Jayson) |
| Filing 25 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Murphy, John) |
| Filing 23 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Heist, Dale) |
| DOCKET ANNOTATION: At the request of Counsel Doc. 24 deleted and to be refiled. (ams) |
| Filing 22 NOTICE of Appearance by Harvey Freedenberg on behalf of InterMetro Industries Corporation (Freedenberg, Harvey) |
| Filing 21 NOTICE of Appearance by Shawn K. Leppo on behalf of InterMetro Industries Corporation (Leppo, Shawn) |
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Filing 20
ORDER granting #15 Motion to Extend Time. Defendant shall have until January 7, 2014 to file a pleading or motion in response to Plaintiff's complaint. Signed by Honorable Robert D. Mariani on 12/19/13 (lh)
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| Filing 19 SPECIAL ADMISSIONS FORM APPROVED as to Scott EadsSigned by Honorable Robert D. Mariani on 12/19/13. (lh) |
| Filing 18 SPECIAL ADMISSIONS FORM APPROVED as to Bryan BeelSigned by Honorable Robert D. Mariani on 12/19/13. (lh) |
| DOCKET ANNOTATION: Verified PA bar status for Jayson Wolfgang as active. (lh) |
| DOCKET ANNOTATION: Oregon State Bar record verified for Attys Scott D. Eads and Bryan D. Beel. (ao) |
| Filing 17 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jayson R. Wolfgang on behalf of Capsa Solutions, LLC Filing fee $ 50, receipt number 0314-2967260.. (Wolfgang, Jayson) |
| Filing 16 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jayson R. Wolfgang on behalf of Capsa Solutions, LLC Filing fee $ 50, receipt number 0314-2967252.. (Wolfgang, Jayson) |
| Filing 15 MOTION for Extension of Time to Concurred-In Motion for Extension of Time in Which to File a Pleading or Motion in Response to Plaintiff's Complaint by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
| Filing 14 NOTICE of Appearance by Jayson R. Wolfgang on behalf of Capsa Solutions, LLC. (Wolfgang, Jayson) |
| Filing 13 NOTICE of Appearance by John Frederick Murphy on behalf of InterMetro Industries Corporation (Murphy, John) |
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Filing 12
ORDER re #9 Petition for Special Admission - Pro Hac Vice filed by InterMetro Industries Corporation Special Admission granted for Neal Sanborn.Signed by Honorable Robert D. Mariani on 12/6/13. (jfg)
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Filing 11
ORDER re #8 Petition for Special Admission - Pro Hac Vice filed by InterMetro Industries Corporation Special Admission granted for Glenn Forbis. Signed by Honorable Robert D. Mariani on 12/5/13. (jfg)
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Filing 10
ORDER re #7 Petition for Special Admission - Pro Hac Vice filed by InterMetro Industries Corporation Special Admission granted for George D. Moustakas.Signed by Honorable Robert D. Mariani on 12/5/13. (jfg)
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| Filing 9 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Neal D Sanborn on behalf of InterMetro Industries Corporation Attorney Neal D. Sanborn is seeking special admission. Filing fee $ 50, receipt number 0314-2956263.. (Sanborn, Neal) |
| Filing 8 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Glenn E Forbis on behalf of InterMetro Industries Corporation Attorney Glenn E. Forbis is seeking special admission. Filing fee $ 50, receipt number 0314-2956218.. (Forbis, Glenn) |
| Filing 7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by George D Moustakas on behalf of InterMetro Industries Corporation Attorney George D. Moustakas is seeking special admission. Filing fee $ 50, receipt number 0314-2956181.. (Moustakas, George) |
| DOCKET ANNOTATION: Attys George Moustakas, Glenn E. Forbis and Neal D. Sanborn active and in good standing with Michigan State Bar (ts) |
| Filing 6 SUMMONS Returned Executed by InterMetro Industries Corporation. Capsa Solutions, LLC served on 11/26/2013, answer due 12/17/2013. (Heist, Dale) |
| Filing 5 LETTER - The above-referenced action has been assigned to me. To ensure that the Case Management Conference is conducted in a timely manner, you are directed to file a written report within thirty (30) days as to whether servicehas been effected or a waiver of service obtained. The report will not be required if an affidavit of service has been filed within that time period. In addition, you are advised to refrain from entering into agreements for extensions of time for filing an answer or other Responsive pleading to the complaint without court approval.Signed by Honorable Robert D. Mariani on 11-25/13. (jfg) |
| SPECIAL ADMISSION FORM SENT to George Moustakas. (pjr) |
| SPECIAL ADMISSION FORM SENT to Neal Sanborn. (pjr) |
| SPECIAL ADMISSION FORM SENT to John Murphy. (pjr) |
| SPECIAL ADMISSION FORM SENT to Glenn Forbis. (pjr) |
| Filing 4 Summons Issued as to Capsa Solutions, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (lh) |
| Filing 3 REPORT to Commissioner of filing or determination of an actionPATENT. (lh) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by InterMetro Industries Corporation identifying Corporate Parent Emerson Electric Co. for InterMetro Industries Corporation. (lh) |
| Filing 1 COMPLAINT against Capsa Solutions, LLC ( Filing fee $400, Receipt Number 0314-2945530), filed by InterMetro Industries Corporation. (Attachments: #1 Civil Cover Sheet, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24)(lh) |
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