Trade Associates Inc v. Fusion Technologies Inc
Trade Associates Inc |
Fusion Technologies Inc |
3:2009cv05804 |
December 31, 2009 |
US District Court for the Western District of Washington |
Tacoma Office |
Pierce |
Robert J Bryan |
Patent |
35 U.S.C. § 145 |
Plaintiff |
Docket Report
This docket was last retrieved on March 20, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Filing 220 MANDATE of FEDERAL CIRCUIT (12-1176, 1177) as to #219 Notice of Appeal filed by Fusion Technologies Inc. The parties jointly move to voluntarily dismiss their appeals. IT IS ORDERED THAT: The motion to dismiss is GRANTED. (SA) |
USCA Case Number for Federal Circuit 12-1176 for #219 Notice of Appeal filed by Fusion Technologies Inc. (LMK) |
APPEAL NOTIFICATION packet sent to FEDERAL CIRCUIT Court of Appeals re #219 Notice of Appeal. (SA) |
Filing 219 NOTICE OF APPEAL (12-1176) as to #209 Order on Motion for Attorney Fees by Counter Claimant Fusion Technologies Inc. Filing Fee $455, Receipt number 0981-2686889. (Whitaker, John) Modified on 2/3/2012; Added CCA for Fed. Circuit. (LMK). |
NOTICE of Docket Text Modification re #218 Notice of Appeal, : PROCESSED TO FEDERAL CIRCUIT COURT OF APPEALS. (SA) |
APPEAL NOTIFICATION packet sent to FEDERAL CIRCUIT Court of Appeals re #218 Notice of Appeal. (SA) |
Filing 218 NOTICE OF APPEAL (12-35034) as to #192 Order on Motion for Miscellaneous Relief, #193 Judgment by Court, #216 Order on Motion for New Trial, Order on Motion for Judgment, Order on Motion to Amend Judgment by Plaintiff Trade Associates Inc. Filing Fee $455, Receipt number 0981-2676835. (Meiklejohn, Paul) Modified on 1/11/2012, add CCA# (SA). |
Filing 217 ORDER granting in part and denying in part #197 Defendant's Motion for Bill of Costs by Deputy in Charge Joe Whiteley.(JW) |
Filing 216 ORDER denying #200 Motion for New Trial; denying #201 Motion for Judgment; denying #202 Motion to Amend Judgment. Signed by Judge Robert J. Bryan. (JL) |
Filing 215 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #200 MOTION for New Trial (Attachments: #1 Declaration of W. Turnbull, #2 Exhibit)(Meiklejohn, Paul) |
Filing 214 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #201 MOTION for Judgment as a Matter of Law (Attachments: #1 Second Declaration of R. Meyer, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Meiklejohn, Paul) |
Filing 213 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #202 MOTION to Amend Judgment (Attachments: #1 Declaration of W. Turnbull, #2 Exhibit, #3 Proposed Order)(Meiklejohn, Paul) |
Filing 212 RESPONSE, by Counter Claimant Fusion Technologies Inc, to #202 MOTION to Amend Judgment. (Attachments: #1 Exhibit 1 - Letter Re: first check, #2 Exhibit 2 - Letter Re: return of checks)(Whitaker, John) |
Filing 211 RESPONSE, by Counter Claimant Fusion Technologies Inc, to #201 MOTION for Judgment as a Matter of Law. (Whitaker, John) |
Filing 210 RESPONSE, by Counter Claimant Fusion Technologies Inc, to #200 MOTION for New Trial. (Whitaker, John) |
Filing 209 ORDER denying #195 Motion for Attorney Fees. Signed by Judge Robert J. Bryan. (JL) |
Filing 208 RESPONSE, by Plaintiff Trade Associates Inc, to #197 BILL OF COSTS by Defendant Fusion Technologies Inc. (Attachments: #1 Proposed Order)(Meiklejohn, Paul) |
Filing 207 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 5 held on 9/16/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Kristin Triboulet at 3641 N. Pearl St., #D, Tacoma, WA 98407. . Release of Transcript Restriction set for 2/27/2012, (SA) |
Filing 206 DECLARATION of Philip P. Mann filed by Counter Claimant Fusion Technologies Inc re #195 MOTION for Attorney Fees (Attachments: #1 Exhibit 7 - Email exchange "copy costs")(Whitaker, John) |
Filing 205 Second DECLARATION of John Whitaker filed by Counter Claimant Fusion Technologies Inc re #195 MOTION for Attorney Fees (Attachments: #1 Exhibit 1 - Turnbull excerpts, #2 Exhibit 2 - Turnbull errata, #3 Exhibit 3 - Heather Copeland subpoena, #4 Exhibit 4 - Email exchange "virtually identical", #5 Exhibit 5 - Miracle Turnbull information, #6 Exhibit 6 - Fusion comments)(Whitaker, John) |
Filing 204 REPLY, filed by Counter Claimant Fusion Technologies Inc, TO RESPONSE to #195 MOTION for Attorney Fees (Whitaker, John) |
Filing 203 RESPONSE, by Plaintiff Trade Associates Inc, to #195 MOTION for Attorney Fees. Oral Argument Requested. (Attachments: #1 Declaration of C. Turnbull, #2 Proposed Order, #3 Declaration of P. Meiklejohn, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Meiklejohn, Paul) |
Filing 202 MOTION to Amend Judgment by Plaintiff Trade Associates Inc. (Attachments: #1 Declaration of R. Meyer, #2 Exhibit, #3 Proposed Order) Noting Date 12/9/2011, (Meiklejohn, Paul) |
Filing 201 MOTION for Judgment as a Matter of Law by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Appendix, #2 Declaration of R. Meyer, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proposed Order) Noting Date 12/9/2011, (Meiklejohn, Paul) |
Filing 200 MOTION for New Trial by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Declaration of W. Turnbull, #2 Declaration of P. Meiklejohn, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order) Noting Date 12/9/2011, (Meiklejohn, Paul) |
Filing 199 ORDER GRANTING PLAINTIFF'S MOTION TO FILE OVER-LENGTH BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR ATTORNEYS FEES, granting #198 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Bryan. (JL) |
Filing 198 MOTION for Leave to File Excess Pages in Brief in Opposition to Defendant Fusion's Motion for Attorney Fees by Plaintiff Trade Associates Inc. (Attachments: #1 Proposed Order) Noting Date 11/18/2011, (Meiklejohn, Paul) |
Filing 197 BILL OF COSTS by Defendant Fusion Technologies Inc. Noting Date 12/2/2011, (Attachments: #1 Exhibit Court Clerk Fees, #2 Exhibit eDiscovery Invoice, #3 Exhibit Deposition Invoice, #4 Exhibit Deposition Invoice, #5 Exhibit Deposition Invoice, #6 Exhibit Document Copy Expenses)(Whitaker, John) |
Filing 196 DECLARATION of John Whitaker filed by Counter Claimant Fusion Technologies Inc, Defendant Fusion Technologies Inc re #195 MOTION for Attorney Fees (Attachments: #1 Exhibit A - Excerpts of Wollenberg Dep, #2 Exhibit B - Excerpts of Stockman Dep, #3 Exhibit C- Excerpts of Lin Dep, #4 Exhibit D - Email exchanges, #5 Exhibit E - List of changes, #6 Exhibit F - Deposition Notices of Counsel)(Whitaker, John) |
Filing 195 MOTION for Attorney Fees by Counter Claimant Fusion Technologies Inc. Noting Date 11/25/2011, (Whitaker, John) |
Filing 194 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney James Fearon Brown for Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 193 JUDGMENT BY COURT in favor of Fusion Technologies Inc against Trade Associates Inc (DK) |
Filing 192 ORDER AWARDING UNPAID ROYALTIES AND PREJUDGMENT INTEREST, granting #183 . Signed by Judge Robert J. Bryan. (JL) |
Filing 191 Second DECLARATION of John Whitaker filed by Defendant Fusion Technologies Inc re #183 MOTION Motion for Prejudgment Interest re #180 Stipulation, #181 Request (Attachments: #1 Exhibit A - Revised Schedule of Unpaid Royalties with Prejudgment Interest)(Whitaker, John) |
Filing 190 REPLY, filed by Defendant Fusion Technologies Inc, TO RESPONSE to #183 MOTION Motion for Prejudgment Interest re #180 Stipulation, #181 Request (Whitaker, John) |
Filing 189 RESPONSE, by Plaintiff Trade Associates Inc, to #183 MOTION Motion for Prejudgment Interest re #180 Stipulation, #181 Request. (Attachments: #1 Declaration of R. Meyer, #2 Exhibit, #3 Proposed Order)(Meyer, Ryan) |
Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol. IV held on 9/15/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 1/11/2012, (SA) |
Filing 187 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol. III held on 9/14/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 1/11/2012, (SA) |
Filing 186 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol. II held on 9/13/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 1/11/2012, (SA) |
Filing 185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol I held on 9/12/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 1/11/2012, (SA) |
Filing 184 DECLARATION of John Whitaker filed by Counter Claimant Fusion Technologies Inc re #183 MOTION Motion for Prejudgment Interest re #180 Stipulation, #181 Request (Attachments: #1 Exhibit A - Schedule of Unpaid Royalties With PJI, #2 Exhibit B - Schedule of Unpaid Royalties)(Whitaker, John) |
Filing 183 MOTION Motion for Prejudgment Interest re #180 Stipulation, #181 Request by Counter Claimant Fusion Technologies Inc. Noting Date 10/21/2011, (Whitaker, John) |
Filing 182 NOTICE of intent to dispute including prejudgment interest in judgment ; filed by Plaintiff Trade Associates Inc. (Meyer, Ryan) |
Filing 181 REQUEST by Counter Claimant Fusion Technologies Inc for Prejudgment Interest In Damages Calculation re #180 Stipulation. (Attachments: #1 Exhibit A - Schedule of Unpaid Royalties)(Whitaker, John) |
Filing 180 STIPULATION regarding the total unpaid royalties by parties. (Meyer, Ryan) |
Filing 179 STIPULATION AND ORDER, granting an extension of time until October 5, 2011 to provide the stipulated damages number. Signed by Judge Robert J. Bryan. (JL) |
Filing 178 STIPULATION AND PROPOSED ORDER regarding submission of accounting information by parties. (Meiklejohn, Paul) |
Filing 177 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Shawn Copeland-Volume 2 held on 9/15/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 12/27/2011, (LMK) |
Filing 176 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Shawn Copeland-Volume 1 held on 9/14/2001 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 12/27/2011, (LMK) |
Filing 175 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Recross-Examination of William N. Turnbull held on 9/13/2009 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 12/27/2011, (LMK) |
Filing 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Excerpt from Direct Examination of Shawn Copeland held on 9/13/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 12/27/2011, (LMK) |
Filing 173 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing held on 6/9/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 12/27/2011, (LMK) |
Filing 172 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Neil Stockman served on 9/8/11 (2:45 p.m.) (CMG) |
Filing 171 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Neil Stockman served on 9/6/11. (CMG) |
Filing 170 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Skye Wollenberg served on 9/8/11. (CMG) |
Filing 169 Deadline for for parties to file accounting information re: entry of jgm following jury trial. Noting Date 9/29/2011. (DK) |
Filing 168 MINUTE ORDER Regarding Jury Meal: It is the order of the Court that the Jury in the above-captioned case be committed to the custody of a duly sworn bailiff, and the Clerk, U.S. District Court, is ordered to pay for the meals of said jurors on 9/19/10 at the expense of the United States Courts. Authorized by Judge Robert J. Bryan. (DK) |
Filing 167 Exhibit List (DK) |
Filing 166 Witness List (DK) |
Filing 165 Jury Notes (DK) |
Filing 163 JURY VERDICT (DK) |
Filing 162 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer; Def Counsel: Philip Mann/John Whitaker; CR: Julaine Ryen; Jury Trial completed on 9/19/2011. 11:25 & 1:25 Jury notes addressed on the record; 2:30 Jury Verdict - jury finds for Dft on claims 1-3 & for Pltf on claim 4; jury polled & released; counsel to file necessary accounting information within ten (10) days in order for final judgment to be entered; post-trial motions should be filed in accord to the local rules. (DK) |
Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of William N. Turnbull held on 9/12/2011 before Judge Robert J. Bryan.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Julaine Ryen by telephone at 253-882-3832. . Release of Transcript Restriction set for 12/19/2011, (LMK) |
Filing 164 Court's Instructions to the Jury(DK) |
Filing 161 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer; Def Counsel: Philip Mann/John Whitaker; CR: Kristine Triboulet,Vernon & Assoc/Julaine Ryan @ 4:25 session; Jury Trial DAY 5 held on 9/16/2011. Pltf calls rebuttal witness Clifford Turnbull; Pltf rests; outside presence of jury both parties renew their motions for jgm as matter of law - DENIED, as stated orally on the record; jury excused until 1:30 pm; instructions addressed with counsel; noon break. Formal exceptions to jury instructions; 1:37 jury instructed; closing arguments; 3:55 jury retires to commence deliberations; 4:25 jury instructed & will return @ 9:30 am on 9/19/11 to continue deliberations. (DK) |
Filing 160 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer; Def Counsel: Philip Mann/John Whitaker; CR: Julaine Ryen; Jury Trial DAY 4 held on 9/15/2011.Shawn Copeland resumes testimony; Dft calls William Turnbull and Skye Wollenberg; noon break. Mr. Wollenberg resumes testimony; 8/24/10 deposition of Sky Wollenberg used for impeachment purposes; Dft calls Neil Stockman, Joan Turnbull (Interpreter Hsiu-Li Laura McGilvra, Delicate Chinese Translations Inc. Note: Interpreter not used.); Dft rests. Outside presence of jury, Pltf moves for jgm as a matter of law re: counter-claims - DENIED, as stated orally on the record; jury returns & Pltf calls rebuttal witness William Turnbull; outside presence of jury, rebuttal witness Clifford Turnbull discussed; jury excused for day/recess. (DK) |
Filing 158 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer; Def Counsel: Philip Mann/John Whitaker; CR: Julaine Ryen; Jury Trial Day 3 held on 9/14/2011. Shawn Copeland resumes testimony; 2/26/10 deposition of Shawn Copeland used for impeachment purposes; deposition testimony of Peter Shen, Frank Shen and Sophie Bae used in lieu of live testimony; noon break; offer of proof by Pltf re Exh #33 - admittance of Exh #33 is DENIED; jury returns and deposition testimony in lieu of live testimony of Bang Fang Lin<; Pltf rests. Argument re dfts motion for dismissal/judgment as matter of law (outside the presence of the jury). Pltfs repudiation claim is DISMISSED, claims as to total failure of consideration and misrepresentation may proceed, as stated orally on the record. Juy returns and Dft calls Shawn Copeland; recess. (DK) |
Filing 157 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer; Def Counsel: Philip Mann/John Whitaker; CR: Julaine Ryen; Jury Trial DAY 2 held on 9/13/2011. Exh #33 argued-ruling RESERVED; jury, returns and William Turnbull resumes testimony; outside presence of jury, counsel present argument re Exh #41 and #57 - both exhibits ADMITTED; noon break; Exh #33 discussed; jury returns and Mr. Turnbull resumes testimony; pltf calls Shawn Copeland; trial schedule discussed; recess. (DK) |
Filing 156 Preliminary Jury Instructions (DK) |
Filing 155 Jury List (DK) |
Filing 154 Jury Peremptory Challenges (DK) |
Filing 153 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer w/William Turnbull; Def Counsel: Philip Mann/John Whitaker w/Shawn Copeland; CR: Julaine Ryen; Jury Trial DAY 1 on 9/12/2011. Preliminary matters addressed re Dfts objection to exhibits, jury instructions and potential conflict of interest; jury selection/voir dire; jury sworn & preliminarily instructed; noon break; argument re Exh #33 - not admissible; jury returns & counsel present opening statements; Pltf calls William Turnbull; 4:30 jury excused for day; argument re Exh #2, #54; recess. (DK) |
Filing 152 NOTICE Submission of Deposition Testimony to be Read at Trial ; filed by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 151 Witness List by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 150 Witness List by Defendant Fusion Technologies Inc. (Whitaker, John) |
Filing 149 Proposed Jury Instructions by Defendant Fusion Technologies Inc (Whitaker, John) |
Filing 148 Proposed Jury Instructions by Plaintiff Trade Associates Inc (Meiklejohn, Paul) |
Filing 147 Proposed Special Jury Verdict Form by Defendant Fusion Technologies Inc. (Whitaker, John) |
Filing 146 TRIAL BRIEF by Defendant Fusion Technologies Inc. (Whitaker, John) |
Filing 145 TRIAL BRIEF by Plaintiff Trade Associates Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Meiklejohn, Paul) |
Filing 144 Proposed Jury Verdict Form by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 143 Proposed Voir Dire by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 142 PRETRIAL ORDER. Signed by Judge Robert J. Bryan. (JL) |
Filing 141 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Jean Boring; Pla Counsel: Paul Meiklejohn, Ryan Meyer; Def Counsel: Philip Mann, John Whitaker; CR: Debbie Zurn; Pretrial Conference held on 9/1/2011. Counsel advise the Court that settlement was unsuccessful. Counsel to advise if further discussions with a settlement judge would be helpful. Trial Schedule and length of trial discussed. Counsel advise this trial to last 6 to 8 days; This trial is likely to go out on 9/12 as scheduled but may trail a few days if CR case doesn't resolve. Court directs counsel to submit bench copies of trial exhibits and designation of witnesses expected to testify at trial by 4:30 9/8/2011; Trial briefs & jury instructions shall be submitted by 4:30 9/7/2011; Counsel shall work together regarding how they will present the evidence to the jury and present evidence for the Court. Should Joan Turnbull need an interp (Mandarin), plaintiff shall have one available and on standby during trial. Court reviews Jury Selection/Voir Dire process with counsel. 8 jurors to be selected. Conference concluded. (JAB) |
Filing 140 Proposed Pretrial Order by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 139 NOTICE of Rescheduled Hearing: Final Pretrial Conference RESET for 9/1/2011 at 09:30 AM.(DK) |
Filing 138 AMENDED MINUTE ORDER Correcting TIME of Pretrial Conference: The pretrial conference in this matter is rescheduled for September 8, 2011, at 9:30 a.m.(DK) |
Filing 137 MINUTE ORDER: Pursuant to the #136 Stipulation filed by the parties to reschedule the pretrial conference in this matter, the pretrial conference is RESET for September 8, 2011 at 8:30 am. Authorized by Judge Robert J. Bryan. (DK) |
Set/Reset Hearings: Final Pretrial Conference set for 9/8/2011 at 09:30 AM before Judge Robert J. Bryan. (DK) |
Filing 136 STIPULATION AND PROPOSED ORDER to Reschedule Pretrial Conference to September 6, 2011 by parties. (Meiklejohn, Paul) |
Filing 135 JOINT STIPULATION AND ORDER FOR SCHEDULING ORDER. Signed by Judge Robert J. Bryan. (JL) |
Set/Reset Deadlines & Hearings: Conference of Attorneys completed by 8/22/2011, Proposed pretrial order due by 8/29/2011, Defendants Pretrial Statement due by 8/17/2011, Plaintiffs Pretrial Statement due by 8/8/2011, Voir dire/jury instructions/trial briefs due by 9/2/2011, (JL) |
Filing 134 STIPULATION AND PROPOSED ORDER for Scheduling Order by parties. (Meiklejohn, Paul) |
Filing 133 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Mark S. Carlson for Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 132 MINUTE ORDER: Pursuant to the parties' request during a telephonic conference held this date, the trial date in this matter is continued to September 12, 2011, at 9:30 a.m. A final pretrial conference is set for 9/2/11 at 8:30 a.m. Entered as directed by Judge Robert J. Bryan. (DK) |
Filing 130 RESPONSE, by Counter Claimant Fusion Technologies Inc, Defendant Fusion Technologies Inc, to #109 MOTION for Extension of Time. (Whitaker, John) |
Set/Reset Deadlines & Hearings: Jury Trial is RESET for 9/12/2011 at 09:30 AM. Pretrial Conference set for 9/2/2011 at 08:30 AM. (DK) |
Filing 129 MINUTE ORDER RE MOTIONS, entered as directed by Judge Robert J. Bryan.(DK) |
Filing 128 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn/Ryan Meyer; Def Counsel: Philip Mann/John Whitaker; CR: Julaine Ryen; Pretrial Conference held on 6/9/2011. Court inquires re pending state court case; code of conduct & ex parte communications addressed; Court rules on pending motions; settlement progress, exhibits/witness lists discussed (exhibits which may be offered in case in chief shall be marked); Dft to provide pretrial statement/proposed pretrial order not later than close of business on 6/14/11, and the proposed jury instructions/voir dire & trial briefs due not later than close of business Thursday, 6/16. Parties anticipate trial length to be one week; jury selection/voir dire process reviewed; parties shall collaborate to obtain the deposition of Skye Wollenberg within the next week. (DK) |
Filing 127 NOTICE that the following is RE-NOTED: Filed by Plaintiff Trade Associates Inc. Noting Date 6/17/2011, (Meiklejohn, Paul) |
Filing 126 MOTION for Protective Order by Counter Claimant Fusion Technologies Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) Noting Date 6/17/2011, (Mann, Philip) |
Filing 125 SURREPLY filed by Plaintiff Trade Associates Inc re #109 MOTION for Extension of Time (Meiklejohn, Paul) |
Filing 124 RESPONSE, by Plaintiff Trade Associates Inc, to #111 MOTIONS IN LIMINE. (Attachments: #1 Declaration of Ryan B. Meyer, #2 Exhibit, #3 Proposed Order)(Meyer, Ryan) |
Filing 123 NOTICE of Intent to File CR 7(g) Surreply re #120 Reply to Response to Motion ; filed by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 122 Proposed Pretrial Order by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 121 DECLARATION of John Whitaker filed by Counter Claimant Fusion Technologies Inc re #109 MOTION for Extension of Time (Attachments: #1 Exhibit A-C to Whitaker Declaration)(Whitaker, John) |
Filing 120 REPLY, filed by Counter Claimant Fusion Technologies Inc, TO RESPONSE to #109 MOTION for Extension of Time (Whitaker, John) |
Filing 119 RESPONSE by Plaintiff Trade Associates Inc re #118 Order. (Attachments: #1 Declaration of Paul T. Meiklejohn)(Meiklejohn, Paul) |
Filing 118 ORDER REGARDING FUSION TECHNOLOGY, INC.'S MOTIONS IN LIMINE. Signed by Judge Robert J. Bryan. (JL) |
Filing 117 RESPONSE, by Counter Claimant Fusion Technologies Inc, to #110 MOTIONS IN LIMINE. (Whitaker, John) |
Filing 116 RESPONSE, by Plaintiff Trade Associates Inc, to #111 MOTIONS IN LIMINE. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Declaration of Paul T. Meiklejohn)(Meiklejohn, Paul) |
Filing 115 RESPONSE, by Plaintiff Trade Associates Inc, to #109 MOTION for Extension of Time. Oral Argument Requested. (Attachments: #1 Declaration of Ryan Meyer, #2 Exhibit, #3 Declaration of William Turnbull, #4 Proposed Order)(Meiklejohn, Paul) |
Filing 114 NOTICE of Stricken Motion/OSC Hrg re Contempt on 5/27/2011. (DK) |
Filing 113 MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Dara Kaleel; Pla Counsel: Paul Meiklejohn; Def Counsel: Philip Mann; (witness Jason Robertson present) CR: Teri Hendrix; Telephone Conference re Mr. Robertson's failure to appear at scheduled deposition/issuance of contempt held on 5/24/2011. Mr. Robertson's deposition is rescheduled for 6/1/11 @ 9:00; Court advises Mr. Robertson regarding his mandatory appearance; the motion hearing regarding this matter scheduled for 5/27/11 @ 11:00 am is STRICKEN; the matter of costs for the first scheduled deposition will be addressed following the second scheduled deposition of 6/1/11. (DK) . |
Filing 112 DECLARATION of Philip P. Mann filed by Counter Claimant Fusion Technologies Inc re #111 MOTIONS IN LIMINE (Whitaker, John) |
Filing 111 MOTIONS IN LIMINE by Counter Claimant Fusion Technologies Inc. Oral Argument Requested. Noting Date 6/9/2011, (Whitaker, John) |
Filing 110 MOTIONS IN LIMINE by Plaintiff Trade Associates Inc. Noting Date 6/9/2011, (Meiklejohn, Paul) |
Filing 109 MOTION for Extension of Time by Defendant Fusion Technologies Inc. (Attachments: #1 Proposed Order, #2 Exhibit Whitaker Declaration) Noting Date 6/3/2011, (Mann, Philip) |
Filing 108 Letter from J. Robertson. (Attachments: #1 Letter)(Mann, Philip) |
Filing 107 NOTICE of Rescheduled Hearing: Due to the court's unavailability on 6/10/11, the Pretrial Conference in this matter is RESET for 6/9/2011 at 08:30 AM before Judge Robert J. Bryan.(DK) |
Filing 106 REPORT from Mediator Louis D. Peterson regarding failure of mediation on 5/17/2011. (Peterson, Louis) |
Filing 105 NOTICE of Hearing re MOTION for Order to Show Cause (Dkt 96). Motion Hearing set for 5/27/2011 at 11:00 AM in Courtroom A before Judge Robert J. Bryan.(DK) |
Filing 104 ORDER TO SHOW CAUSE WHY CONTEMPT SHOULD NOT ISSUE FOR THIRD PARTY'S FAILURE TO APPEAR AT DEPOSITION, granting #96 Motion for Order to Show Cause Show Cause Hearing set for 5/27/2011 at 11:00 AM in A Courtroom before Judge Robert J. Bryan. Signed by Judge Robert J. Bryan. (JL) |
Filing 103 STIPULATION AND ORDER. The listed depositions may be taken during the week of June 6, 2011. Signed by Judge Robert J. Bryan. (JL) |
Filing 102 CERTIFICATE OF SERVICE by Plaintiff Trade Associates Inc re #101 Stipulation. (Meiklejohn, Paul) |
Filing 101 STIPULATION AND PROPOSED ORDER to Extend Time to Take Depositions of Skye Wollenberg and Witnesses in Taiwan by parties. (Meiklejohn, Paul) |
Filing 100 NOTICE of Intent to Rely on Taiwanese Law ; filed by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 99 ORDER denying #98 Motion for Reconsideration. Signed by Judge Robert J. Bryan. (JL) |
Filing 98 MOTION for Reconsideration re #94 Order on Motion for Summary Judgment OF COURTS DECISION DENYING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANTS AFFIRMATIVE DEFENSES OF LACHES AND ESTOPPEL by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 5/2/2011, (Meiklejohn, Paul) |
Filing 97 DECLARATION OF SERVICE of the Motion for Order to Show Cause why Contempt should not issue for Third-Partys Failure to Appear at Deposition; Proposed Order to Show Cause; Declaration of Paul T. Meiklejohn in support of Motion; upon Jason Robertson. (CMG) |
Filing 96 MOTION for Order to Show Cause WHY CONTEMPT SHOULD NOT ISSUE FOR THIRD-PARTY'S FAILURE TO APPEAR AT DEPOSITION by Plaintiff Trade Associates Inc. (Attachments: #1 Declaration of Paul T. Meiklejohn, #2 Proposed Order) Noting Date 5/13/2011, (Meiklejohn, Paul) |
Filing 95 ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO JOINT OR SOLE INVENTORSHIP, denying #86 Motion for Partial Summary Judgment. Signed by Judge Robert J. Bryan. (JL) |
Filing 94 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT'S AFFIRMATIVE DEFENSES, granting in part and denying in part #85 Motion for Summary Judgment. Signed by Judge Robert J. Bryan. (JL) |
Filing 93 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #85 MOTION for Summary Judgment as to Defendant's Affirmative Defenses (Attachments: #1 Declaration of Peter Shen, #2 Declaration of May Chen, #3 Declaration of James Fearon Brown)(Meiklejohn, Paul) |
Filing 92 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #86 MOTION for Partial Summary Judgment Regarding Joint or Sole Inventorship (Attachments: #1 Declaration of May Chen, #2 Declaration of Peter Shen, #3 Declaration of Ryan Meyer)(Meiklejohn, Paul) |
Filing 91 DECLARATION of John Whitaker filed by Counter Claimant Fusion Technologies Inc re #86 MOTION for Partial Summary Judgment Regarding Joint or Sole Inventorship (Whitaker, John) |
Filing 90 RESPONSE, by Counter Claimant Fusion Technologies Inc, to #86 MOTION for Partial Summary Judgment Regarding Joint or Sole Inventorship. (Whitaker, John) |
Filing 89 DECLARATION of John Whitaker filed by Counter Claimant Fusion Technologies Inc re #85 MOTION for Summary Judgment as to Defendant's Affirmative Defenses (Whitaker, John) |
Filing 88 RESPONSE, by Counter Claimant Fusion Technologies Inc, to #85 MOTION for Summary Judgment as to Defendant's Affirmative Defenses. (Whitaker, John) |
Filing 87 ORDER DENYING WITHOUT PREJUDICE MOTION TO COMPEL THIRD-PARTY COMPLIANCE WITH SUBPOENA AND FOR CONTEMPT, denying #80 Motion to Compel. Signed by Judge Robert J. Bryan. (JL) |
Filing 86 MOTION for Partial Summary Judgment Regarding Joint or Sole Inventorship by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Declaration of William Turnbull, #2 Declaration of Ryan Meyer, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order, #7 Proposed Order) Noting Date 4/15/2011, (Meyer, Ryan) |
Filing 85 MOTION for Summary Judgment as to Defendant's Affirmative Defenses by Plaintiff Trade Associates Inc. (Attachments: #1 Declaration of James Fearon Brown, #2 Exhibit, #3 Proposed Order) Noting Date 4/15/2011, (Meiklejohn, Paul) |
Filing 84 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT FUSION TECHNOLOGIES'MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES, granting in part and denying in part #70 Motion to Compel. Signed by Judge Robert J. Bryan. (JL) |
Filing 83 WITHDRAWAL of Motion re #73 MOTION for Protective Order ; by Defendant Fusion Technologies Inc. (Mann, Philip) |
Filing 82 SURREPLY filed by Plaintiff Trade Associates Inc re #70 MOTION to Compel Discovery Responses (Attachments: #1 Proposed Order)(Meiklejohn, Paul) |
Filing 81 ORDER DENYING TRADE ASSOCIATES' MOTION FOR RECONSIDERATION PURSUANT TO LOCAL RULE CR 7(h), denying #75 . Signed by Judge Robert J. Bryan. (JL) |
Filing 80 MOTION to Compel Compliance with Subpoena by Jason Robertson by Plaintiff Trade Associates Inc. (Attachments: #1 Declaration of Paul T. Meiklejohn, #2 Proposed Order, #3 Exhibit, #4 Exhibit) Noting Date 4/1/2011, (Meiklejohn, Paul) |
Filing 79 REPLY, filed by Defendant Fusion Technologies Inc, TO RESPONSE to #70 MOTION to Compel (Mann, Philip) |
Filing 78 STIPULATION AND ORDER re: Discovery. Signed by Judge Robert J. Bryan. (JL) |
Filing 77 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Trade Associates Inc. Noting Date 3/10/2011, (Meiklejohn, Paul) |
Filing 76 NOTICE of Appearance by attorney John E Whitaker on behalf of Defendant Fusion Technologies Inc. (Whitaker, John) |
Filing 75 MOTION for Reconsideration re #71 Order on Motion for Partial Summary Judgment by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Exhibit, #2 Proposed Order) Noting Date 3/9/2011, (Meiklejohn, Paul) |
Filing 74 RESPONSE, by Plaintiff Trade Associates Inc, to #70 MOTION to Compel. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Declaration of William Turnbull, #3 Declaration of Paul T. Meiklejohn, #4 Exhibit, #5 Exhibit)(Meiklejohn, Paul) |
Filing 73 MOTION for Protective Order by Defendant Fusion Technologies Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 3/18/2011, (Mann, Philip) |
Filing 72 NOTICE that the following is RE-NOTED: #70 MOTION to Compel. Filed by Defendant Fusion Technologies Inc. Noting Date 3/11/2011, (Mann, Philip) |
Filing 71 ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO INVENTORSHIP OF UNITED STATES PATENT NO. 6,503,612, denying #67 Motion for Partial Summary Judgment. Signed by Judge Robert J. Bryan. (JL) |
Filing 70 MOTION to Compel by Defendant Fusion Technologies Inc. Oral Argument Requested. (Attachments: #1 Declaration of Philip P. Mann, #2 Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) Noting Date 3/4/2011, (Mann, Philip) |
Filing 69 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #67 MOTION for Partial Summary Judgment As To Inventorship of United States Patent No. 6,503,612 (Attachments: #1 Appendix A, #2 Appendix B, #3 Declaration of Paul T. Meiklejohn)(Meiklejohn, Paul) |
Filing 68 RESPONSE, by Counter Claimant Fusion Technologies Inc, Defendant Fusion Technologies Inc, to #67 MOTION for Partial Summary Judgment As To Inventorship of United States Patent No. 6,503,612. (Attachments: #1 Exhibit First Declaration of Shawn Copeland, #2 Exhibit Second Declaration of Shawn Copeland, #3 Exhibit Declaration of Philip P. Mann, #4 Exhibit Declaration of John Whitaker)(Mann, Philip) |
Filing 67 MOTION for Partial Summary Judgment As To Inventorship of United States Patent No. 6,503,612 by Plaintiff Trade Associates Inc. (Attachments: #1 Declaration of Paul Meiklejohn, #2 Declaration of Bang Fang Lin, #3 Declaration of Frank Chen, #4 Declaration of Peter Shen, #5 Declaration of Sophie Bai, #6 Proposed Order) Noting Date 1/28/2011, (Meiklejohn, Paul) |
Filing 66 JOINT STIPULATION AND ORDER TO AMEND THE SCHEDULING ORDER, granting #65 Stipulated Motion. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/10/2011; Motions due by 2/14/2011; Discovery completed by 3/1/2011; Rebuttal Expert Disclosure/Reports due by 2/10/2011. Signed by Judge Robert J. Bryan. (JL) |
Filing 65 Stipulated MOTION to Amend the Scheduling Order by Plaintiff Trade Associates Inc. Noting Date 12/15/2010, (Meiklejohn, Paul) |
Filing 64 ORDER granting #63 Motion to Withdraw as Attorney. Attorney Dario A Machleidt and Mark P Walters terminated. Signed by Judge Robert J. Bryan. (JL) |
Filing 63 MOTION to Withdraw as Attorney by Defendant Fusion Technologies Inc. (Attachments: #1 Proposed Order) Noting Date 11/4/2010, (Walters, Mark) |
Filing 62 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PROTECTIVE ORDER, granting in part and denying in part #44 Motion for Protective Order & #53 Motion for Protective Order. Signed by Judge Robert J. Bryan. (JL) |
Filing 61 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION, denying #60 Motion for Reconsideration. Signed by Judge Robert J. Bryan. (JL) |
Filing 60 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/13/2010, (Meiklejohn, Paul) |
Filing 59 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #53 MOTION for Protective Order (Attachments: #1 Delcaration of Meiklejohn, #2 Exhibit 14)(Meiklejohn, Paul) |
Filing 58 STIPULATED MOTION AND ORDER TO EXTEND THE DATE FOR PLAINTIFF TO FILE ITS REPLY BRIEF REGARDING ENTRY OF PROTECTIVE ORDER, granting #57 . Reply Brief due 9/10/10. Signed by Judge Robert J. Bryan. (JL) |
Filing 57 Stipulated MOTION to Extend the Date for Plaintiff to File its Reply Brief Re Entry of Protective Order by Plaintiff Trade Associates Inc. Noting Date 9/8/2010, (Meiklejohn, Paul) |
Filing 56 MINUTE ORDER SETTING TRIAL, PRETRIAL DATES AND ORDERING MEDIATION; Length of Trial: *SIX DAYS*. Jury Trial is set for 6/20/2011 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Joinder of Parties due by 11/17/2010, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/22/2010, Motions due by 1/31/2011, Discovery completed by 2/22/2011, Dispositive motions due by 3/22/2011, Settlement conference to be held by 4/21/2011, 39.1 mediation to be completed by 5/23/2011, 39.1 Settlement Report due by 5/31/2011, Motions in Limine due by 5/23/2011, Pretrial Order due by 6/3/2011, Pretrial Conference set for 6/10/2011 at 08:30 AM. Trial briefs to be submitted by 6/10/2011, Proposed voir dire/jury instructions due by 6/10/2011. Authorized by Judge Robert J. Bryan. (DK) |
Filing 55 RESPONSE, by Defendant Fusion Technologies Inc, to #53 MOTION for Protective Order. (Attachments: #1 Appendix Declaration)(Mann, Philip) |
Filing 54 ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, denying #38 .Signed by Judge Robert J. Bryan. (JL) |
Filing 53 MOTION for Protective Order by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Certification Per Local Rule 26(c)(1), #3 Declaration of William Turnbull, #4 Declaration of Paul Meiklejohn, #5 Exhibit, #6 Exhibit) Noting Date 9/10/2010, (Meiklejohn, Paul) |
Filing 52 NOTICE of Appearance by attorney Philip P Mann on behalf of Defendant Fusion Technologies Inc. (Mann, Philip) |
Filing 51 ORDER ON STIPULATED PROTECTIVE ORDER, by Judge Robert J. Bryan: The parties are directed to submit further briefing as follows: Pltf's brief shall be submitted on or before 8/27/10; the response shall be submitted on or before 9/6/10; the reply, if any, shall be submitted on or before 9/9/10. Motion for Entry of Protective Order (Dkt. 44) is renoted for 9/10/2010. (DK) |
Filing 50 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #38 MOTION for Partial Summary Judgment to Dismiss Defendant's Counterclaim of Trademark Ownership (Attachments: #1 Declaration of Paul T. Meiklejohn, #2 Exhibit, #3 Declaration of William Turnbull, #4 Exhibit)(Meiklejohn, Paul) |
Filing 49 DECLARATION of David Bartosh filed by Defendant Fusion Technologies Inc re #38 MOTION for Partial Summary Judgment to Dismiss Defendant's Counterclaim of Trademark Ownership (Attachments: #1 Exhibit A-B)(Walters, Mark) |
Filing 48 DECLARATION of Shawn Copeland filed by Defendant Fusion Technologies Inc re #38 MOTION for Partial Summary Judgment to Dismiss Defendant's Counterclaim of Trademark Ownership (Attachments: #1 Exhibit A-B, #2 Exhibit C-D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G-H)(Walters, Mark) |
Filing 47 RESPONSE, by Defendant Fusion Technologies Inc, to #38 MOTION for Partial Summary Judgment to Dismiss Defendant's Counterclaim of Trademark Ownership. (Walters, Mark) |
Filing 46 RESPONSE, by Plaintiff Trade Associates Inc, to #44 MOTION for Protective Order. (Attachments: #1 Exhibit, #2 Declaration, #3 Declaration)(Meiklejohn, Paul) |
Filing 45 RESPONSE, by Defendant Fusion Technologies Inc, to #44 MOTION for Protective Order. (Walters, Mark) |
Filing 44 MOTION for Protective Order by Plaintiff Trade Associates Inc. (Attachments: #1 Rule 26(c)(1) Certification, #2 Proposed Order) Noting Date 7/30/2010, (Meiklejohn, Paul) |
Filing 43 ORDER GRANTING DEFENDANT FUSION TECHNOLOGIES, INC.'S MOTION FOR RELIEF FROM DEADLINE, IN PART, granting #39 Motion for Relief. It is ORDERED that Trade Associates, Inc.'s motion for partial summary judgment is re-noted for consideration on August 6, 2010, and that Fusion's opposition brief is therefore due August 2, 2010. Signed by Judge Robert J. Bryan. (JL) |
Noting Date Set/Reset re #38 MOTION for Partial Summary Judgment to Dismiss Defendant's Counterclaim of Trademark Ownership : Noting Date 8/6/2010, (JL) |
Filing 42 RESPONSE, by Plaintiff Trade Associates Inc, to #39 MOTION for Relief from Deadline. Oral Argument Requested. (Attachments: #1 Declaration of Paul T. Meiklejohn, #2 Exhibits 1-11, #3 Proposed Order, #4 Contingent Motion, #5 Alternative Proposed Order)(Meiklejohn, Paul) |
Filing 41 DECLARATION of David Zwally filed by Defendant Fusion Technologies Inc re #39 MOTION for Relief from Deadline (Attachments: #1 Exhibit 1-4)(Machleidt, Dario) |
Filing 40 DECLARATION of Dario Machleidt filed by Defendant Fusion Technologies Inc re #39 MOTION for Relief from Deadline (Attachments: #1 Exhibit A)(Machleidt, Dario) |
Filing 39 MOTION for Relief from Deadline by Defendant Fusion Technologies Inc. (Attachments: #1 Proposed Order) Noting Date 7/16/2010, (Machleidt, Dario) |
Filing 38 MOTION for Partial Summary Judgment to Dismiss Defendant's Counterclaim of Trademark Ownership by Plaintiff Trade Associates Inc. Oral Argument Requested. (Attachments: #1 Declaration, #2 Exs. A-J, #3, #4 Exs. K-M, #5 Proposed Order) Noting Date 7/23/2010, (Meiklejohn, Paul) |
Filing 37 ANSWER to #34 Answer to Amended Complaint, Counterclaim by Trade Associates Inc.(Meiklejohn, Paul) |
Filing 36 STATEMENT of Corporate Disclosure per Rule 7.1 by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 35 CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. by Fusion Technologies Inc Filed by Defendant Fusion Technologies Inc.(Walters, Mark) |
Filing 34 ANSWER to #29 Amended Complaint, COUNTERCLAIM against plaintiff Trade Associates Inc by Fusion Technologies Inc. (Attachments: #1 Exhibit A)(Walters, Mark) |
Filing 33 AFFIDAVIT OF SERVICE OF SUBPOENA upon Bank of America served on 5/26/10. (MET) |
Filing 32 ORDER DENYING JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER, denying #28 Stipulated Motion. The parties' Joint Motion for Entry of Amended Stipulated Protective Order Regarding Confidential Information (Dkt. #28 ) is DENIED. Signed by Judge Robert J. Bryan. (JL) |
Filing 31 OBJECTIONS re #30 Notice-Other Response to Fusion's Notice as to Proposed Protective Order by Plaintiff Trade Associates Inc. (Meiklejohn, Paul) |
Filing 30 NOTICE Regarding Stipulated Motion for Protective Order (Docket Entry No. 28) ; filed by Defendant Fusion Technologies Inc. (Walters, Mark) |
Filing 29 AMENDED COMPLAINT against defendant(s) Fusion Technologies Inc with JURY DEMAND, filed by Trade Associates Inc.(Meiklejohn, Paul) |
Filing 28 Joint Stipulated MOTION for Entry of Amended Stipulated Protective Order Regarding Confidential Information by Plaintiff Trade Associates Inc. (Attachments: #1 Proposed Order) Noting Date 5/28/2010, (Meiklejohn, Paul) |
Filing 27 ORDER ON JOINT MOTION FOR PROTECTIVE ORDER, denying #26 Stipulated Motion. Signed by Judge Robert J. Bryan. (JL) |
Filing 26 Joint Stipulated MOTION for Entry of Stipulated Protective Order regarding Confidential Information and Notice of Withdrawal of Plaintiff Trade Associates Inc.'s Motion for Entry of Protective Order by Plaintiff Trade Associates Inc. (Attachments: #1 Proposed Order)(Meiklejohn, Paul) |
Filing 25 JOINT STATUS REPORT signed by all parties estimated Trial Days: 6.. (Meiklejohn, Paul) |
Filing 24 MOTION for Protective Order by Plaintiff Trade Associates Inc. (Attachments: #1 Certificate, #2 Declaration, #3 Exhibits 1 - 10, #4 Proposed Order) Noting Date 5/14/2010, (Meiklejohn, Paul) |
Set/Reset Deadlines: Pursuant to request the request for extension of time to file by Pltf's counsel, the Joint Status Report is due by 5/7/2010. (DK) |
Filing 23 ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT AND DENYING DEFENDANT'S MOTION TO DISMISS, denying #9 Motion to Dismiss; granting #12 Motion to Amend. Signed by Judge Robert J. Bryan. (JL) |
Filing 22 REPLY, filed by Plaintiff Trade Associates Inc, TO RESPONSE to #12 MOTION to Amend Complaint (Meiklejohn, Paul) |
Filing 21 REPLY, filed by Defendant Fusion Technologies Inc, TO RESPONSE to #9 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Failure to State a Claim (Walters, Mark) |
Filing 20 RESPONSE, by Plaintiff Trade Associates Inc, to #9 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Failure to State a Claim. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Paul T. Meiklejohn Declaration, #3 Exhibit)(Meiklejohn, Paul) |
Filing 19 DECLARATION of Mark P. Walters in Support of Defendant'sOpposition to Plaintiff's Motion to Amend Complaint filed by Defendant Fusion Technologies Inc re #12 MOTION to Amend Complaint (Attachments: #1 Exhibit A)(Walters, Mark) |
Filing 18 RESPONSE, by Defendant Fusion Technologies Inc, to #12 MOTION to Amend Complaint. Oral Argument Requested. (Walters, Mark) |
Filing 17 ANSWER to #1 Complaint by Fusion Technologies Inc.(Walters, Mark) |
Filing 16 NOTICE of Change of Address of Attorney Mark P Walters. Filed by Defendant Fusion Technologies Inc. (Walters, Mark) |
Filing 15 ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO EXTEND CERTAIN DEADLINES, granting #13 Motion for Extension of Time. Signed by Judge Robert J. Bryan. (JL) |
Set/Reset Deadlines & Hearings: FRCP 26f Conference Deadline is 4/15/2010, Initial Disclosure Deadline is 4/22/2010, Joint Status Report due by 4/29/2010, (JL) |
Noting Date Set/Reset re #12 MOTION to Amend Complaint, #9 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Failure to State a Claim : Noting Date 4/16/2010, (JL) |
Filing 14 PRAECIPE re #12 MOTION to Amend Complaint by Plaintiff Trade Associates Inc. (Attachments: #1 Corrected Cert of Service)(Meiklejohn, Paul) |
Filing 13 MOTION for Extension of Time to Extend Certain Deadlines (Unopposed) by Defendant Fusion Technologies Inc. (Attachments: #1 Proposed Order) Noting Date 3/15/2010, (Walters, Mark) |
Filing 12 MOTION to Amend Complaint by Plaintiff Trade Associates Inc. (Attachments: #1 Exhibit Exh. 1, #2 Proposed Order) Noting Date 3/26/2010, (Meiklejohn, Paul) |
Filing 11 NOTICE that the following is RE-NOTED: #9 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Failure to State a Claim. Filed by Defendant Fusion Technologies Inc. Noting Date 3/19/2010, (Walters, Mark) |
Filing 10 DECLARATION of Mark P. Walters filed by Defendant Fusion Technologies Inc re #9 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Failure to State a Claim (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Walters, Mark) |
Filing 9 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Failure to State a Claim by Defendant Fusion Technologies Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 3/25/2010, (Walters, Mark) |
Filing 8 REPORT on the filing or determination of an action. E-mailed to the US Patent Office. (Attachments: #1 Report on Patents and Trademarks (AO Form120) Complaint) (DK) |
Filing 7 ORDER granting #6 Motion for Extension of Time to Answer. It is hereby ORDERED that Fusion Technologies, Inc.'s time to file a response to the complaint is extended to February 25, 2010. Signed by Judge Robert J. Bryan. (JL) |
Filing 6 Agreed MOTION for Extension of Time to File Answer by Defendant Fusion Technologies Inc. (Attachments: #1 Proposed Order) Noting Date 1/27/2010, (Walters, Mark) |
Filing 5 NOTICE of Appearance by attorney Mark P Walters on behalf of Defendant Fusion Technologies Inc. (Walters, Mark) |
Filing 4 SERVICE OF SUMMONS and Complaint returned executed upon defendant Fusion Technologies Inc on 1/6/2010 (MET) |
Filing 3 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. FRCP 26f Conference Deadline is 3/22/2010; Initial Disclosure Deadline is 3/29/2010; Joint Status Report due by 4/5/2010. Authorized by Judge Robert J. Bryan. (JL) |
Filing 2 ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) |
JSR due 4/5/2010. (JL) |
Filing 1 COMPLAINT against defendant Fusion Technologies Inc (Summons(es) issued)(Receipt # S-31467), filed by Trade Associates Inc. (Attachments: #1 Civil Cover Sheet)(JL) |
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