InterMetro Industries Corporation v. Rubbermaid Incorporated
| InterMetro Industries Corporation |
| Rubbermaid Incorporated |
| 3:2013cv02857 |
| 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
RSS Track this Docket
This docket was last retrieved on September 18, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 55 STIPULATION of Dismissal with Prejudice by InterMetro Industries Corporation. (Moustakas, George) |
Filing 54
ORDER granting #53 Motion to Stay for a period of 14 days. Signed by Honorable Robert D. Mariani on 8/29/2014 (bg)
|
| Filing 53 Joint MOTION to Stay (2nd Additional) Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Second Additional Stay Pending Execution of Settlement Agreement)(Moustakas, George) |
|
Filing 52
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 fourteen (14) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on any of the other cases identified in the consolidated Stipulated Amended Scheduling Order also entered in this action.Signed by Honorable Robert D. Mariani on 8/21/14 (jfg)
|
| Filing 51 Joint MOTION to Stay (Additional Stay) Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Proposed Order Granting Additional Stay)(Moustakas, George) |
|
Filing 50
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 ofthirty (30) days to provide the parties time to reduce their agreement to writing and execute it. This order shall have no effect on any ofthe other cases identified in the consolidated Stipulated Amended Scheduling Order also entered in this action.Signed by Honorable Robert D. Mariani on 7/18/14 (jfg)
|
| Filing 49 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Leppo, Shawn) |
|
Filing 48
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)
|
| Filing 47 Joint MOTION to Amend/Correct the February 28 Scheduling Order by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion to Amend the February 28 Scheduling Order)(Forbis, Glenn) |
| Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management Conference via Telephone held 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 5/7/2014. Redacted Transcript Deadline set for 5/19/2014. Release of Transcript Restriction set for 7/15/2014. (cr) |
|
Filing 45
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)
|
| Filing 43 Letter from Glenn E. Forbis on behalf of all the parties regarding fact depositions. (Forbis, Glenn) |
|
Filing 42
ORDER granting #38 Motion ESTABLISHING PROTOCOL FOR ELECTRONIC DISCOVERY. Signed by Honorable Robert D. Mariani on 2/26/14 (jfg)
|
|
Filing 41
ORDER granting #37 Motion for Protective Order Signed by Honorable Robert D. Mariani on 2/26/14 (jfg)
|
| Filing 40 REPLY BRIEF re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Willful Infringement Claims) filed by Rubbermaid Incorporated. (Attachments: #1 Unpublished Opinion(s) Exhibit A, #2 Unpublished Opinion(s) Exhibit B, #3 Unpublished Opinion(s) Exhibit C, #4 Unpublished Opinion(s) Exhibit D, #5 Unpublished Opinion(s) Exhibit E, #6 Unpublished Opinion(s) Exhibit F, #7 Unpublished Opinion(s) Exhibit G, #8 Unpublished Opinion(s) Exhibit H, #9 Unpublished Opinion(s) Exhibit I)(Swanson, Derek) |
| Filing 39 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 38 Joint MOTION Joint Motion for Entry of Stipulated Order Establishing Protocol for Electronic Discovery by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Establishing Protocol for Electronic Discovery)(Forbis, Glenn) |
| Filing 37 Joint MOTION for Protective Order (Entry Of) by InterMetro Industries Corporation. (Attachments: #1 Proposed Order for Stipulated Protective Order)(Forbis, Glenn) |
| Filing 36 BRIEF IN OPPOSITION re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (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) E - Unpublished Case Law, #6 Exhibit(s) E - Unpublished Case Law)(Forbis, Glenn) |
| Filing 35 Corporate Disclosure Statement by Rubbermaid Incorporated identifying Corporate Parent Newell Rubbermaid Inc., Other Affiliate Rubbermaid Commercial Products LLC for Rubbermaid Incorporated.. (Swanson, Derek) |
| Filing 34 BRIEF IN SUPPORT re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Willful Infringement Claims) filed by Rubbermaid Incorporated. (Attachments: #1 Unpublished Opinion(s) Exhibit A, #2 Unpublished Opinion(s) Exhibit B, #3 Unpublished Opinion(s) Exhibit C, #4 Unpublished Opinion(s) Exhibit D)(Swanson, Derek) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Willful Infringement Claims) by Rubbermaid Incorporated. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence)(Swanson, Derek) |
|
Filing 32
ORDER granting #30 Motion to Withdraw as Attorney. Attorney John Frank Murphy; Dale M. Heist and John Frank Murphy terminated; granting #31 Motion to Withdraw as Attorney. Attorney John Frank Murphy; Dale M. Heist and John Frank Murphy terminated Signed by Honorable Robert D. Mariani on 1/8/14 (ga)
|
| Filing 31 MOTION to Withdraw as Attorney with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Murphy, John) |
| Filing 30 MOTION to Withdraw as Attorney with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Heist, Dale) |
|
Filing 29
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)
|
| Filing 28 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Murphy, John) |
| Filing 27 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Heist, Dale) |
|
Filing 26
ORDER granting #25 Motion for Extension of Time to Answer. Rubbermaid Incorporated answer due 1/24/2014. Signed by Honorable Robert D. Mariani on 12/23/2013 (bg)
|
| Filing 25 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Rubbermaid Incorporated. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Swanson, Derek) |
| Filing 24 NOTICE of Appearance by Harvey Freedenberg on behalf of InterMetro Industries Corporation (Freedenberg, Harvey) |
| Filing 23 NOTICE of Appearance by Shawn K. Leppo on behalf of InterMetro Industries Corporation (Leppo, Shawn) |
|
Filing 22
ORDER re #17 Petition for Special Admission - Pro Hac Vice filed by Rubbermaid Incorporated Special admission grnated for Derek Swanson.Signed by Honorable Robert D. Mariani on 12/13/13. (jfg)
|
|
Filing 21
ORDER re #18 Petition for Special Admission - Pro Hac Vice filed by Rubbermaid Incorporated Special Admission granted for Chadwick Welch.Signed by Honorable Robert D. Mariani on 12/13/13. (jfg)
|
|
Filing 20
ORDER re #19 Petition for Special Admission - Pro Hac Vice filed by Rubbermaid Incorporated Special Admission granted for David Finkelson.Signed by Honorable Robert D. Mariani on 12/13/13. (jfg)
|
| Filing 19 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David E Finkelson on behalf of Rubbermaid Incorporated Attorney David Finkelson is seeking special admission. Filing fee $ 50, receipt number 0314-2963646.. (Finkelson, David) |
| Filing 18 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Chadwick M Welch on behalf of Rubbermaid Incorporated Attorney Chadwick Welch is seeking special admission. Filing fee $ 50, receipt number 0314-2963470.. (Welch, Chadwick) (ao). |
| Filing 17 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Derek H Swanson on behalf of Rubbermaid Incorporated Attorney Derek Swanson is seeking special admission. Filing fee $ 50, receipt number 0314-2963465.. (Swanson, Derek) (ao). |
|
Filing 16
ORDER This matter is before the Court upon the Motion of Defendant Rubbermaid Incorporated d/b/a Rubbermaid Healthcare (formerly d/b/a Rubbermaid Medical Solutions) ("Rubbermaid") for an Extension of Time in Which to File a Responsive Pleading to Plaintiffs Complaint. For good cause shown, the Motion is GRANTED. It is hereby ORDERED that Rubbermaid shall have until January 7,2014 in which to file a responsive pleading to Plaintiffs Complaint.Signed by Honorable Robert D. Mariani on 12/11/13 (jfg)
|
| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Rubbermaid Incorporated. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Lange, Laura) |
| Filing 14 NOTICE of Appearance by Laura A. Lange on behalf of Rubbermaid Incorporated (Lange, Laura) |
| Filing 13 NOTICE of Appearance by John Frank Murphy on behalf of InterMetro Industries Corporation (Murphy, John) |
|
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)
|
|
Filing 11
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)
|
|
Filing 10
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)
|
| 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 0314-2956311.. (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 0314-2956250.. (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 0314-2956214.. (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. Rubbermaid Incorporated served on 11/26/2013, answer due 12/17/2013. (Heist, Dale) |
|
Filing 5
ORDER 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 service has 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 Neal Sanborn, George Moustakas, Glenn Forbis and John Murphy. (pjr) |
| Filing 4 REPORT to Commissioner of filing or determination of an actionPATENT. (bg) |
| Filing 3 Summons Issued as to Rubbermaid Incorporated 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) (bg) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by InterMetro Industries Corporation identifying Corporate Parent Emerson Electric, Co for InterMetro Industries Corporation. (bg) |
| Filing 1 COMPLAINT against Rubbermaid Incorporated ( Filing fee $400, Receipt Number 2945902), filed by InterMetro Industries Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) Index, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8, #11 Exhibit(s) 9, #12 Exhibit(s) 10, #13 Exhibit(s) 11, #14 Exhibit(s) 12, #15 Exhibit(s) 13, #16 Exhibit(s) 14, #17 Exhibit(s) 15, #18 Exhibit(s) 16, #19 Exhibit(s) 17, #20 Exhibit(s) 18)(bg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
