Kimberly-Clark Worldwide Inc et al v. First Quality Baby Products LLC et al
| Kimberly-Clark Worldwide Inc and Kimberly-Clark Global Sales LLC |
| First Quality Baby Products LLC and First Quality Retail Services LLC |
| 1:2009cv00916 |
| September 21, 2009 |
| US District Court for the Eastern District of Wisconsin |
| Green Bay Office |
| Winnebago |
| William C Griesbach |
| Plaintiff |
| 35 U.S.C. ยง 145 Patent Infringement |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
829
DECISION AND ORDER denying 817 Motion for Partial Reconsideration and Request for Leave to Supplement is denied, signed by Chief Judge William C Griesbach on 02/06/2013. (cc: all counsel) (Griesbach, William)
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Filing
814
DECISION AND ORDER granting 604 Motion for Summary Judgment of non-infringement of the '221 Patent, signed by Chief Judge William C Griesbach on 11/27/2012. See Decision and Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
805
DECISION AND ORDER DENYING 592 K-C's Motion for Summary Judgment of infringement of the '119 Patent; DENYING 596 K-C's Motion for Summary Judgment that the '119 Patent is not anticipated; GRANTING 622 First Quality's Motion for Summary Judgment of invalidity of the '119 Patent, signed by Judge William C Griesbach on 09/28/2012. (cc: all counsel) (Griesbach, William)
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Filing
803
DECISION AND ORDER GRANTING 532 Motion (FQ) for Summary Judgment of invalidity of the 751 Patent; denying 588 Motion (KC) for Summary Judgment of infringement of the '751 Patent, signed by Judge William C Griesbach on 09/12/2012. The 751 Patent is invalid because it is anticipated by prior art, the Kling patent. See Decision for full detail. (cc: all counsel) (Griesbach, William)
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Filing
780
ORDER granting 733 Motion to Strike and striking 706 and 713 Motions for Summary Judgment; signed by Judge William C Griesbach on 04/20/2012. (cc: all counsel) (Griesbach, William)
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Filing
655
DECISION AND ORDER DENYING 454 Motion for Partial Summary Judgment and GRANTING 494 Cross-Motion for Summary Judgment, signed by Judge William C Griesbach on 12/03/2011. The presumption of validity is overcome and Claims 1 and 9 of the 451 Paten t are invalid under 35 U.S.C. § 102(b) as anticipated by Weyenberg. Claims 4 -6 and 12-13, which depend from those claims are invalid for the same reasons. K-Cs motion for summary judgment asserting validity, Docket 454, is DENIED and First Qualitys cross motion for summary judgment declaring the 451 Patent invalid, Docket 494, is GRANTED. (cc: all counsel) (Griesbach, William)
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Filing
585
ORDER granting 524 MOTION for Reconsideration of Order 518 and denying as moot 527 MOTION to Intervene filed by Sutherland Asbill & Brennan LLP; Sutherland Asbill & Brennan LLP terminated. Signed by Judge William C Griesbach on 11/18/2011. (cc: all counsel)(Griesbach, William)
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Filing
550
ORDER GRANTING 524 MOTION to Stay this Court's September 14, 2011 Order (ECF No. 518) pending Reconsideration Thereof, signed by Judge William C Griesbach on 10/18/2011. This Court stays its Order 518 pending its determination on the Motion for Reconsideration 524 . That motion will be decided upon receipt of First Qualitys Reply. (cc: all counsel)(Griesbach, William)
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Filing
528
ORDER granting 519 Motion to Compel an additional deposition day for each of the two defense experts, signed by Judge William C Griesbach on 09/21/2011. The ruling is intended only to insure that both parties are essentially on a level playing field in completing discovery of the expert opinions each intends to offer. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
518
ORDER denying 501 Motion to clarify, signed by Judge William C Griesbach on 09/14/2011. First Quality must turn over to K-C the documents listed in the log in compliance with this Courts original order. (cc: all counsel) (Griesbach, William)
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Filing
516
ORDER denying 473 Motion for Sanctions, signed by Judge William C. Griesbach on 08/31/2011. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
487
ORDER granting 402 Motion to Compel, signed by Judge William C Griesbach on 08/09/2011. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
482
ORDER granting 396 Motion to Compel, signed by Judge William C. Griesbach on 07/28/2011. First Quality is ordered to produce Mr. Couchs sales evaluation files to the extent they relate to training pants. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
481
ORDER denying 438 Motion for Reconsideration and the Court's stay (Dkt.444) is lifted. First Quality is directed to produce its company-wide financial documents in response to K-C's Requests Nos. 30-34, 39-41 and 238-42 within the next seven days. Signed by Judge William C Griesbach on 07/27/2011. (cc: all counsel) (Griesbach, William)
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Filing
480
ORDER denying 451 Motion to Continue; signed by Judge William C Griesbach on 07/26/2011. (cc: all counsel) (Griesbach, William)
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Filing
435
ORDER GRANTING 411 Motion to Compel. First Quality is directed to produce its company-wide financial documents in response to K-C's Request Nos. 30-34, 39-41 and 238-42 within the next seven days, signed by Judge William C Griesbach on July 1, 2011. (cc: all counsel) (Griesbach, William)
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Filing
434
ORDER granting in part and denying in part 408 Motion to Compel, signed by Judge William C Griesbach on 06/29/2011. Within seven days of the date of this Order K-C shall produce for deposition a corporate witness knowledgeable about Topic 27 in First Qualitys March 2, 2011 Rule 30(b)(6) notice. Such deposition will be limited to the LIBRA and EZ-On projects. (cc: all counsel) (Griesbach, William)
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Filing
433
ORDER denying 389 Motion to Compel; signed by Judge William C Griesbach on 06/24/2011. SEE ORDER FOR FULL DETAILS. (cc: all counsel) (Griesbach, William)
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Filing
417
Order Consolidating Cases signed by Judge William C Griesbach on 06/22/11. The Court GRANTS 362 motion to consolidate Case No. 09-C-0916 and Case No.10-C-1118 (Dkt. 362 and Dkt. 29 respectively) for purposes of expert discovery on damages and trial on liability and damages. All future filings by the parties should be filed in the lead case. (cc: all counsel)(Griesbach, William)
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Filing
382
ORDER DENYING as moot 374 Motion to Compel, signed by Judge William C Griesbach on 05/13/2011. First Quality has now turned over its privilege log. K-Cs motion is also denied insofar as it seeks to compel First Quality to identify specific patent numbers corresponding to its communications. (cc: all counsel) (Griesbach, William)
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Filing
369
ORDER denying 357 Motion to Compel, signed by Judge William C. Griesbach on 04/07/2011. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
364
ORDER granting 355 Motion; Judgment of non-infringement of the '374 patent is entered in favor of First Quality. First Quality's Seventeenth counterclaim seeks a declaratory judgment that the '374 patent is invalid is dismissed without prejudice. Each party shall bear its own costs and attorney fees. Signed by Judge William C Griesbach on 4/04/2011. (cc: all counsel) (Griesbach, William)
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Filing
354
ORDER denying 337 Motion for Reconsideration; signed by Judge William C Griesbach on 3/19/2011. (cc: all counsel) (Griesbach, William)
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Filing
339
MEMORANDUM AND ORDER granting 313 Motion to Amend/Correct; 303 Motion to Strike is DENIED in all respects except that the Court GRANTS K-C's motion to strike paragraphs 195-196 from Fist Quality's Second Amended Complaint relating to non-disclosure of EPO statements and GRANTS K-C's motion to strike First Quality's twenty-first affirmative defense. See Order for full details. Signed by Judge William C Griesbach on 2/15/2011. (cc: all counsel) (Griesbach, William)
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Filing
334
CLAIM CONSTRUCTION ORDER signed by Judge William C Griesbach on 1/19/2011. (cc: all counsel)(Griesbach, William)
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Filing
325
ORDER denying 219 Sealed Motion for Preliminary Injunction, signed by Judge William C. Griesbach on 01/07/2010. Because First Quality has changed its process for manufacturing refastenable training pants and is no longer using the allegedly infrin ging process to which K-C's motion is directed, the motion for a preliminary injunction is denied. To the extent K-C seeks to enjoin First Quality from selling existing inventory, the Court denies the motion because there K-C would not suffer ir reparable harm from the sale of the limited amount of previously manufactured product under the changed circumstances. In the event First Quality elects to return to the allegedly infringing process that is the subject of K-Cs motion, First Quality must give K-C and the Court thirty days advance notice so that K-C can renew its request and the Court can rule. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
312
ORDER denying 309 Motion to Modify. Signed by Judge William C Griesbach on 12/02/2010. (cc: all counsel) (Griesbach, William)
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Filing
307
ORDER granting 254 Motion to Quash Subpoena filed by Paolo Pasqualoni, signed by Judge William C. Griesbach on 11/16/2010. Pasqualonis motion for attorneys fees, however, is DENIED. SEE ORDER FOR FULL DETAIL. (cc: all counsel) (Griesbach, William)
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Filing
301
ORDER DENYING 287 Motion to Compel, signed by Judge William C. Griesbach on 11/09/1010. First Qualitys expedited non-dispositive motion to compel is DENIED. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
296
ORDER denying 214 Motion to Stay the action relating to U.S. Patent Nos. 6,849,067 and 6,514,187, signed by Judge William C. Griesbach on 11/04/2010, signed by Judge William C. Griesbach on 11/04/2010. (cc: all counsel) (Griesbach, William)
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Filing
231
ORDER denying 199 Motion to Bifurcate, signed by Judge William C. Griesbach on 09/07/2010. See Order Denying Bifurcation for full detail. (cc: all counsel) (Griesbach, William)
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Filing
213
ORDER denying 167 Motion to Strike, signed by Judge William C. Griesbach on 08/25/2010. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
204
ORDER GRANTING 196 Motion an order permitting K-C to inspect the entirety of First Quality's manufacturing process for refastenable training pants, signed by Judge William C. Griesbach on 07/27/2010. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
182
ORDER denying 179 Motion to Amend Order for Preliminary Injunction, signed by Judge William C. Griesbach on 06/08/2010. There has been no showing ofirreparable harm or the lack of an adequate remedy at law so as to support expansion of the preliminary injunction entered by the Court. Accordingly, K-Cs motion to revise the preliminary injunction is denied. See Order for full detail. (cc: all counsel) (Griesbach, William)
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Filing
172
PRELIMINARY INJUNCTION signed by Judge William C. Griesbach on 05/20/2010. Defendants First Quality Baby Products, LLC, and First Quality Retail Services, LLC (collectively First Quality) are enjoined from making, using, selling or offering to sell in the United States, or importing into the United States the methods of manufacturing disposable training pants with refastenable side seams that infringe on U.S. Patent Nos. 6,514,187, 6,776,316, 6,888,143 and 7,156,939, currently assigned to Plain tiff Kimberly-Clark Worldwide, Inc. (K-C), as described therein. This Order shall be stayed for a period of thirty days to allow First Quality to seek a further stay from the Federal Circuit in the event it chooses to appeal. Prior to the Order taking effect, K-C shall post a bond in the amount of 39 million dollars. (cc: all counsel)(Griesbach, William)
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Filing
66
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DENYING 4 Motion for Preliminary Injunction, signed by Judge William C. Griesbach on 12-11-2009. See Order for full detail. (cc: all counsel) (Griesbach, William)
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