Interactive Health LLC v. King Kong USA Inc
| Interactive Health LLC, Human Touch LLC and Daito Denki Kogyu K.K. doing business as Daito Electric Machine Industry Company, LTD. |
| King Kong USA Inc, American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay and WFO Imports LLC |
| Kenneth A Krasne |
| 2:2006cv01902 |
| March 29, 2006 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Valerie Baker Fairbank |
| Patent |
| 15 U.S.C. § 1126 |
| Plaintiff |
Docket Report
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| Filing 1044 NOTICE OF CLERICAL ERROR: Due to clerical error: Amended Judgment on Patent Claims, Permanent Injunction and Dismissal of Counterclaim #1043 is missing Attachments A and B. Attachments A and B are attached hereto. In correction, the Clerk has added Attachments A and B to Document No. 1043. (jp) |
| Filing 1043 AMENDED JUDGMENT ON PATENT CLAIMS, PERMANENT INJUNCTION, AND DISMISSAL OF COUNTERCLAIM by Judge Valerie Baker Fairbank. Plaintiffs shall have and recover from Defendant WFO Imports, LLC judgment damages in the principal amount of $1,726,726.56, along with prejudgment interest in the amount of $167,625.00 and taxable costs in the amount of $39,630.00, for a total judgment amount of $1,933,981.56. (kbr) (Additional attachment(s) added on 7/21/2010: #1 Exhibits A and B) (jp). |
| Filing 1042 NOTICE OF RETURN OF APPELLATE MANDATE filed by plaintiffs Daito Denki Kogyu K.K., Interactive Health LLC. (Dukarich, Gary) |
| Filing 1041 MANDATE of Federal Circuit Court filed re: Notice of Appeal to Federal Circuit Court of Appeals #850 , Notice of Appeal #835 , Notice of Appeal to Federal Circuit Court of Appeals, #842 , CCA # 2009-1141, -1155, -1401. The parties move jointly to dismiss and to remand to the United States District Court for the Central District of California due to settlement. Accordingly, It is ordered that: (1)The motion to dismiss is denied. (2)The motion to remand is granted. (3)Each side shall bear its own costs. Mandate received in this district on 7/06/10. (cbr) |
| Filing 1040 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: MOTION TO VACATE CERTAIN ORDERS AND AMEND JUDGMENT #1034 . The Court would GRANT the Stipulation and Joint Motion and sign the Amended Judgment, for the reasons stated herein, assuming the Federal Circuit's mandate returns and this Court has jurisdiction. The Court TAKES OFF-CALENDAR the hearing set for July 12, 2010 at 1:30 p.m. (kbr) |
Filing 1039
APPLICATION AND ORDER to File Exhibit to Declaration Under Seal. Pursuant to Plaintiffs' application and good cause appearing therefor, IT IS ORDERED by Judge Percy Anderson, that the settlement agreement between Plaintiffs Human Touch LLC and Daito Denki Kogyy K.K. and Defendants WFO Imports LLC and Blair Hayes, Exhibit 1 to the Declaration of Gary Dukarich (Dkt. #1035) filed in support of the Joint Motion for Amendment of Judgment and Vacating of Certain Order, be filed Under Seal. (jp)
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| Filing 1038 SEALED DOCUMENT- Exhibit 1 to Declaration of Gary Dukarich in Support of Joint Motion to Vacate Certain Orders and Amend Judgment.(mat) |
| Filing 1037 Amended NOTICE of Manual Filing filed by Plaintiffs Daito Denki Kogyu K.K., Interactive Health LLC of Exhibit 1 to the Declaration of Gary Dukarich #1035 (settlement agreement). (Dukarich, Gary) |
| Filing 1036 NOTICE of Manual Filing filed by Plaintiffs Daito Denki Kogyu K.K., Interactive Health LLC of Exhibit 1 to the Declaration of Gary Dukarich #1035 (settlement agreement). (Dukarich, Gary) |
| Filing 1035 DECLARATION of Gary Dukarich in support of Joint MOTION to AMEND Judgment,,,, #691 , Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines and Hearings #781 , Minutes of In Chambers Order/Directive - no proceeding held #641 Joint MOTION to AMEND Judgment,,,, #691 , Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines and Hearings #781 , Minutes of In Chambers Order/Directive - no proceeding held #641 Joint MOTION to AMEND Judgment,,,, #691 , Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines and Hearings #781 , Minutes of In Chambers Order/Directive - no proceeding held #641 #1034 filed by Plaintiffs Daito Denki Kogyu K.K., Interactive Health LLC. (Attachments: #1 Exhibits 1 - 8)(Dukarich, Gary) |
| Filing 1034 NOTICE OF MOTION AND Joint MOTION to AMEND Judgment,,,, #691 , Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines and Hearings #781 , Minutes of In Chambers Order/Directive - no proceeding held #641 filed by plaintiffs/judgment creditors Daito Denki Kogyu K.K., Interactive Health LLC. Motion set for hearing on 7/12/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Form of Amended Judgment)(Dukarich, Gary) |
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Filing 1033
ORDER FOR DISBURSEMENT OF SECURITY FUNDS DEPOSITED WITH THE COURT by Judge Valerie Baker Fairbank that the security funds previously deposited with the Court by Defendant/Judgment Debtor WFO Imports, LLC shall bedisbursed to Plaintiff/Judgment Creditor Human Touch, LLC; FURTHER ORDERED that the Clerk of the Court is authorized and directed (1) To draw a check on the funds previously posted by WFO Imports, LLC and on deposit with the Registry of the Court, in the principal amount of $50,000.00, plus all interest earned, less administrative fees, made payable to Human Touch, LLC; (2) To notify attorney Dukarich at (949) 476-0757 or gsd@cph.com when said check is available for pickup, or alternatively to mail or otherwise transmit said check to the following address: Human Touch, LLC, c/o Gary Dukarich, Esq., CHRISTIE, PARKER & HALE, LLP 3501 Jamboree Road, Suite 6000, Newport Beach, CA 92660-2960. FURTHER ORDERED that Plaintiffs shall provide the Taxpayer Identification Number of payee Human Touch, LLC to the Clerk of the Court upon request. (jp)
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| Filing 1032 STIPULATION for Disbursement of Funds to Plaintiff/Judgment Creditor Human Touch, LLC filed by plaintiffs/judgment creditors Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 1031 ORIGINAL WRIT of Execution Returned. ***NFPV***. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 1030 ORIGINAL WRIT of Execution Returned as to American Lighting Industry Inc. (jp) |
| Filing 1029 AFFIDAVIT and REQUEST for Issuance of Writ of Execution re Judgment #691 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Issued Writ of Execution). (jp) |
| WRIT of Execution issued. (jp) |
| Filing 1028 NOTIFICATION by Circuit Court of Appellate Docket Number 2009-1401, Federal Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals #835 (cbr) |
| Filing 1027 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: Case should have been closed on entry dated 9/24/2008 #692 . (Made JS-6. Case Terminated.) (jp) |
| Filing 1026 MINUTES OF Motion Hearing held before Judge Valerie Baker Fairbank DENYING #1014 Motion to Amend Order for Turnover/Seizure of Property and Execution Sale, and adopting its Tentative Ruling except in the following respect: the court VACATES its 5/13/09 Execution Sale Order. See document for specific information. Court Reporter: Anne Kielwasser. (se) |
| Filing 1025 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank. The Court, on its own Motion, advances the hearing on Plaintiff/Judgment Creditors Motion for Amended Order from June 4, 2009 at 4:00 p.m. to June 4, 2009 at 3:00 p.m. The Court orders the moving party Plaintiff/Judgment Creditor to give notice of said calendar change to all interested parties within twentyfour (24) hours of this Order. In addition, the Court STAYS its May 13, 2009 Execution Sale Order. (kbr) |
| Filing 1023 DECLARATION of Gary Dukarich (Supplemental) in support of MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Exhibits E - J)(Dukarich, Gary) |
| Filing 1022 REPLY in support of MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 filed by Plaintiff Interactive Health LLC. (Dukarich, Gary) |
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Filing 1024
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #835 filed by American Lighting Industry, Inc., King Kong USA Inc, Bernard Koay, Notice of Appeal to 9th Circuit Court of Appeals #838 filed by American Lighting Industry, Inc., King Kong USA Inc, Bernard Koay, CCA # 08-57063, 08-57067. We grant appellants' unopposed motion to transfer these consolidated appeals from an underlying patent action to the United States Court of Appeals for the Federal Circuit for possible consolidation with appeals No. 2009-1141 and 2009-1155, pending in that court from the same underlying action. The Clerk shall transfer cosolidated appeal Nos. 08-57063 and 08-57067 to the United States Court of Appeal for The Federal Circuit. (cbr)
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| Filing 1021 DECLARATION of Leslie F. Vandale in support of EX PARTE APPLICATION to Shorten Time for Hearing to June 1, 2009 of Motion to Amend Order #1014 #1015 , MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 filed by Defendant King Kong USA Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Vandale, Leslie) |
| Filing 1020 OPPOSITION in opposition to re: EX PARTE APPLICATION to Shorten Time for Hearing to June 1, 2009 of Motion to Amend Order #1014 #1015 , MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 filed by Defendant King Kong USA Inc. (Vandale, Leslie) |
| Filing 1019 MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: COURT ORDER GRANTING, IN PART, PLAINTIFF/JUDGMENT CREDITORS EX PARTE APPLICATION FOR ORDER ACCELERATING BRIEFING AND HEARING #1015 . The Court finds good cause to grant the application as follows: the Court sets the Motion for Amended Order for Turnover/Seizure of Property and Execution Sale #1014 for hearing on 6/4/2009 at 4:00 PM. Defendant Judgment Debtor's opposition papers, if any, shall be filed on or before 5/28/2009. Reply papers, if any, shall be filed on or before 6/1/2009. (jp) |
| Filing 1018 DECLARATION of Leslie F. Vandale in opposition to EX PARTE APPLICATION to Shorten Time for Hearing to June 1, 2009 of Motion to Amend Order #1014 #1015 , MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 IN SUPPORT OF DEFENDANT/JUDGEMENT CREDITOR KINGKONG USA INC'S OPPOSITION TO HUMAN TOUCH LLC'S EX PARTE APPLICATION FOR ORDER ACCELERATING BRIEFING AND HEARING OF ITS MOTION filed by Defendant King Kong USA Inc. (Attachments: #1 Exhibit 1)(Vandale, Leslie) |
| Filing 1017 OPPOSITION in opposition to re: EX PARTE APPLICATION to Shorten Time for Hearing to June 1, 2009 of Motion to Amend Order #1014 #1015 , MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 TO HUMAN TOUCH LLC'S EX PARTE APPLICATION FOR ORDER ACCELERATING BRIEFING AND HEARING OF ITS MOTION filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Vandale, Leslie) |
| Filing 1016 DECLARATION of Gary Dukarich in support of EX PARTE APPLICATION to Shorten Time for Hearing to June 1, 2009 of Motion to Amend Order #1014 #1015 , MOTION to AMEND Order,, #1013 MOTION to AMEND Order,, #1013 #1014 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Exhibits A - D)(Dukarich, Gary) |
| Filing 1015 EX PARTE APPLICATION to Shorten Time for Hearing to June 1, 2009 of Motion to Amend Order #1014 filed by plaintiff/judgment creditor Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 1014 NOTICE OF MOTION AND MOTION to AMEND Order,, #1013 filed by plaintiff/judgment creditor Interactive Health LLC. Motion set for hearing on 6/1/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Dukarich, Gary) |
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Filing 1013
EXECUTION SALE ORDER by Judge Valerie Baker Fairbank, THEREFORE, pursuant to the California Enforcement of Judgments Law and the agreement of Human Touch and King Kong as follows: Inasmuch as a computer identified as part of the Sale Property has been identified as containing the business records of KingKong, KingKong shall forthwith make a complete and usable backup copy of all business records from such computer for purposes of use and/or production of such records as demanded by Plaintiffs or other parties in the present Action. (See attached Order for further details), re Notice of Lodging #1012 . (jp)
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| Filing 1012 NOTICE OF LODGING filed of proposed form of Execution Sale Order, re Order on Application for Order, Motion Hearing,,,,,, #1011 , APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 (Attachments: #1 Proposed Execution Sale Order)(Dukarich, Gary) |
| Filing 1011 MINUTES before Judge Valerie Baker Fairbank: PROCEEDINGS: HEARING ON PLAINTIFF/JUDGMENT CREDITORS APPLICATION for Order After Examination for Turnover/seizure and Sale of Property #980 . Case called. Court's tentative would be the order of the Court. The application, as modified by the parties' agreement and the Court's tentative ruling, is granted. Pursuant to the agreement between the parties, the execution sale would be conducted on the premises by a third party auctioneer. Plaintiff/Judgment Creditors counsel is ordered to prepare a new, revised order consistent with the parties agreement, within three court days. Defendant/Judgment Debtor will then have three court days to review said order. Court Reporter: Katie Thibodeaux. (jp) |
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Filing 1010
ORDER by Magistrate Judge Paul L. Abrams VACATING Judgment Debtor Examination of Bernard Koay #1008 . [See Order for details.] (ch)
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| Filing 1009 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: TENTATIVE RULING on Plaintiff/Judgment Creditor's APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 . (se) |
| Filing 1008 Notice of Withdrawal of Application for Judgment Debtor Exam #972 filed by plaintiffs/judgment creditors Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 1007 NOTICE OF FILING BANKRUPTCY filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. as to Bernard Koay, Bankruptcy Court case number 2:09-bk-20315-ER. (Attachments: #1 Exhibit A - Voluntary Bankruptcy Petition)(Dukarich, Gary) |
| Filing 1006 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank. The parties are hereby notified that the hearing on Plaintiffs Application for Order After Examination for Turnover/Seizure and Sale of Property #980 will take place on Tuesday, May 5, 2009 at 9:30 a.m., before Judge Fairbank. (kbr) |
| Filing 1005 DECLARATION of Gary Dukarich (Supplemental) in support of APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Exhibits E - J)(Dukarich, Gary) |
| Filing 1004 REPLY in support of APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 filed by Plaintiff Interactive Health LLC. (Dukarich, Gary) |
| Filing 1003 NOTICE OF FILING TRANSCRIPT filed for proceedings 07/29/08 8:30 a.m.; 07/29/08 12:56 p.m.; 07/30/08 8:15 a.m.; 07/31/08 8:30 a.m.; 08/01/08 8:30 a.m.; 08/04/08 9:15 a.m.; 08/05/08 8:30 a.m.; 08/06/08 8:30 a.m.; 08/07/08 8:45 a.m.; 08/08/08 8:30 a.m.; 08/12/08 8:30 a.m.; 08/13/08 8:30 a.m.; 08/13/08 11:26 a.m.; 08/14/08 8:30 a.m.; 08/15/08 8:30 a.m.; 08/22/08 8:15 a.m.; 09/19/08 8:40 a.m. (Thibodeaux, Katie) |
| Filing 1002 TRANSCRIPT for proceedings held on 09/19/08 8:40 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 1001 TRANSCRIPT for proceedings held on 08/22/08 8:15 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 1000 TRANSCRIPT for proceedings held on 08/15/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 999 TRANSCRIPT for proceedings held on 08/14/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 998 TRANSCRIPT for proceedings held on 08/13/08 11:26 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 997 TRANSCRIPT for proceedings held on 08/13/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 996 TRANSCRIPT for proceedings held on 08/12/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 995 TRANSCRIPT for proceedings held on 08/08/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 994 TRANSCRIPT for proceedings held on 08/07/08 8:45 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 993 TRANSCRIPT for proceedings held on 08/06/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 992 TRANSCRIPT for proceedings held on 08/05/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 991 TRANSCRIPT for proceedings held on 08/04/08 9:15 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 990 TRANSCRIPT for proceedings held on 08/01/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 989 TRANSCRIPT for proceedings held on 07/31/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 988 TRANSCRIPT for proceedings held on 07/30/08 8:15 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 987 TRANSCRIPT for proceedings held on 07/29/08 12:56 p.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 986 TRANSCRIPT for proceedings held on 07/29/08 8:30 a.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/19/2009. Redacted Transcript Deadline set for 5/29/2009. Release of Transcript Restriction set for 7/27/2009. (Thibodeaux, Katie) |
| Filing 985 OBJECTIONS JUDGMENT DEBTOR BERJARD KOAY'S OBJECTION TO SUBPOENA IN CIVIL CASE filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Vandale, Leslie) |
| Filing 984 DECLARATION of Leslie F. Vandale in opposition to APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 in support of King Kong USA, Inc's Opposition filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Vandale, Leslie) |
| Filing 983 OPPOSITION to APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Vandale, Leslie) |
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Filing 982
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Paul L. Abrams. The Court is in receipt of planitiff/judgment creditor's "Application for Order After Examination for Turnover/Seizure and Sale of Property #980 ," filed on April 15, 2009. Defendant/judgment debtor's opposition to the Application, if any, is due NO LATER THAN APRIL 23, 2009. A hearing on the Application will be held on TUESDAY, MAY 5, 2009, at 9:30 a.m. (ch)
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| Filing 981 DECLARATION of Gary Dukarich in support of APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) #980 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Exhibits A - D)(Dukarich, Gary) |
| Filing 980 APPLICATION for Order for Turnover/Seizure and Sale of Property (Following Judgment Debtor Examination) filed by plaintiff/judgment creditor Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
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Filing 979
MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: DENYING THE PLAINTIFF/JUDGMENT CREDITOR HUMAN TOUCH, LLCS MOTION FOR ORDER OF ASSIGNMENT AND DISPOSITION OF PROPERTY TO BE APPLIED TOWARD SATISFACTION OF JUDGMENT #969 . (kbr)
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| Filing 978 DECLARATION of Gary Dukarich (supplemental) in support of MOTION for Order for Assignment and Disposition of Property to Be Applied Toward Satisfaction of Judgment #969 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Exhibit F)(Dukarich, Gary) |
| Filing 977 REPLY in support of MOTION for Order for Assignment and Disposition of Property to Be Applied Toward Satisfaction of Judgment #969 filed by Plaintiff Interactive Health LLC. (Dukarich, Gary) |
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Filing 976
First Amended Order to Appear For Examination Re Enforcement of Judgment by Magistrate Judge Paul L. Abrams re Amendment to Application for Appearance and Examination Re Enforcement of Judgment #975 . (ch)
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| Filing 975 Amendment to APPLICATION for Judgment Debtor Exam as to Bernard Koay a/k/a Weng Choo Koay #972 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Proposed Amended Order)(Dukarich, Gary) |
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Filing 974
ORDER TO APPEAR FOR EXAMINATION RE; ENFORCEMENT OF JUDGMENT by Magistrate Judge Paul L. Abrams granting #972 Application for Judgment Debtor Exam. Bernard Koay a/k/a Weng Choo Koay is ORDERED to appear personally before the Honorable Paul L. Abrams for a Judgment Debtor Exam set for 5/5/2009, at 10:00 a.m. (ch)
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| Filing 973 OPPOSITION opposition to re: MOTION for Order for Assignment and Disposition of Property to Be Applied Toward Satisfaction of Judgment #969 OPPOSITION TO PLAINTIFF/JUDGMENT CREDITOR'S MOTION FOR ORDER OF ASSIGNMENT filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Vandale, Leslie) |
| Filing 972 APPLICATION for Judgment Debtor Exam as to Bernard Koay a/k/a Weng Choo Koay filed by plaintiff/judgment creditor Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 971 PROOF OF SERVICE filed by plaintiff/judgment creditor Interactive Health LLC, re Declaration (Motion related) #970 , MOTION for Order for Assignment and Disposition of Property to Be Applied Toward Satisfaction of Judgment #969 served on March 23, 2009. (Dukarich, Gary) |
| Filing 970 DECLARATION of Gary Dukarich in support of MOTION for Order for Assignment and Disposition of Property to Be Applied Toward Satisfaction of Judgment #969 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Exhibits A - E)(Dukarich, Gary) |
| Filing 969 NOTICE OF MOTION AND MOTION for Order for Assignment and Disposition of Property to Be Applied Toward Satisfaction of Judgment filed by plaintiff/judgment creditor Interactive Health LLC. Motion set for hearing on 4/13/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Dukarich, Gary) |
| Filing 968 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/19/08 1:55 pm (Nirenberg, Cindy) |
| Filing 967 TRANSCRIPT for proceedings held on 8/19/08 1:55 PM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (Nirenberg, Cindy) |
| Filing 966 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/30/08 11:00 am, 7/31/08 11:25 am, 8/1/08 1:00 pm, 8/6/08 1:00 pm, 8/7/08 12:20 pm, 8/8/08 1:15 pm, 8/12/08 11:54 am, 8/14/08 11:39 am, 8/15/08 11:32 am, 8/19/08 10:05 am (Nirenberg, Cindy) |
| Filing 965 TRANSCRIPT for proceedings held on 8/19/08 10:05 AM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 964 TRANSCRIPT for proceedings held on 8/15/08 11:32 AM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 963 TRANSCRIPT for proceedings held on 8/14/08 11:39 AM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 962 TRANSCRIPT for proceedings held on 8/12/08 11:54 AM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 961 TRANSCRIPT for proceedings held on 8/8/08 1:15 PM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 960 TRANSCRIPT for proceedings held on 8/7/08 12:20 PM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 959 TRANSCRIPT for proceedings held on 8/6/08 1:00 PM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 958 TRANSCRIPT for proceedings held on 8/1/08 1:00 PM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 957 TRANSCRIPT for proceedings held on 7/31/08 11:25 AM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 956 TRANSCRIPT for proceedings held on 7/30/08 11:00 AM. Court Reporter: Cindy Nirenberg, www.cindynirenberg.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2009. Redacted Transcript Deadline set for 4/12/2009. Release of Transcript Restriction set for 6/10/2009. (Nirenberg, Cindy) |
| Filing 955 APPELLANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OBJECTION TO PLAINTIFFS'-APPELLEES' RESPONSE TO DOCKETING STATEMENT filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc re: Objections - non-motion, #954 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vandale, Leslie) |
| Filing 954 OBJECTIONS to Appeals Docketing Statement (A-11a) #933 , Appeals Docketing Statement (A-11a) #932 Appellants Objection to Plaintiffs-Appellee's Response to Docketing Statement filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Vandale, Leslie) |
| Filing 953 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Transcript (CV), Transcript (CV), Transcript (CV) #951 , Transcript (CV), Transcript (CV), Transcript (CV) #949 , Transcript (CV), Transcript (CV), Transcript (CV) #950 , Notice of Filing Transcript (G-46) #952 (Valine, Victoria) |
| Filing 952 NOTICE OF FILING TRANSCRIPT filed for proceedings 08/20/2008 @ 10:05 a.m (Volume 2); 08/20/2008 @ 2:00 p.m. (Volume 4); 08/21/2008 @ 8:00 A.M. (Volume 1) (Valine, Victoria) |
| Filing 951 TRANSCRIPT for proceedings held on August 21, 2008 @ 8:00 A.M. (Volume 1). Court Reporter: Victoria L. Valine, CSR, RMR, CRR, contact at www.victoriavalinecsr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/25/2009. Redacted Transcript Deadline set for 4/4/2009. Release of Transcript Restriction set for 6/2/2009. (Valine, Victoria) |
| Filing 950 TRANSCRIPT for proceedings held on Wednesday, August 20, 2008 @ 2:00 P.M. (Volume 4). Court Reporter: Victoria L. Valine, CSR, RMR, CRR, contact at www.victoriavalinecsr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/25/2009. Redacted Transcript Deadline set for 4/4/2009. Release of Transcript Restriction set for 6/2/2009. (Valine, Victoria) |
| Filing 949 TRANSCRIPT for proceedings held on Wednesday, August 20, 2008 @ 10:05 A.M. (Volume 2). Court Reporter: Victoria L.Valine, CSR, RMR, CRR, contact at: www.victoriavalinecsr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/25/2009. Redacted Transcript Deadline set for 4/4/2009. Release of Transcript Restriction set for 6/2/2009. (Valine, Victoria) |
| Filing 948 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank DENYING EX PARTE APPLICATION for Order for Redaction of Transcripts #943 . (se) |
| Filing 947 SUPPLEMENT to EX PARTE APPLICATION for Order for Redaction of Transcripts #943 (re non-opposition) filed by Counter Defendant Interactive Health LLC, Plaintiff Interactive Health LLC. (Dukarich, Gary) |
| Filing 946 PROOF OF SERVICE filed by plaintiff/counterdefendant Interactive Health LLC, re Declaration (Motion related), Declaration (Motion related) #944 , Notice of Manual Filing (G-92) #945 (Exhibit B filing under seal) served on February 17, 2009. (Dukarich, Gary) |
| Filing 945 NOTICE of Manual Filing filed by Counter Defendant Interactive Health LLC, Plaintiff Interactive Health LLC of under seal Exhibit B to the Declaration of Gary Dukarich #944 . (Dukarich, Gary) |
| Filing 944 DECLARATION of Gary Dukarich in support of EX PARTE APPLICATION for Order for Redaction of Transcripts #943 filed by Counter Defendant Interactive Health LLC, Plaintiff Interactive Health LLC. (Attachments: #1 Exhibit A - Transcript Redaction Request, #2 Exhibit B - (under seal) Undredacted Transcript Pages)(Dukarich, Gary) |
| Filing 943 EX PARTE APPLICATION for Order for Redaction of Transcripts filed by plaintiff/counterdefendant Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 942 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/22/08; 3:30 p.m. (Montero, Bridget) |
| Filing 941 TRANSCRIPT for proceedings held on 8/22/08; 3:30 p.m. Court Reporter/Electronic Court Recorder: Bridget Montero, phone number www.bridgetmontero.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/6/2009. Redacted Transcript Deadline set for 3/16/2009. Release of Transcript Restriction set for 5/14/2009. (Montero, Bridget) |
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Filing 935
ORDER by Judge Valerie Baker Fairbank that the amount of prejudgment interest awarded in favor of Plaintiff Human Touch, LLC and against Defendant KingKong USA, Inc. in the Courts judgment entered on 9/25/2008 (Docket #692) is hereby determined to be in the amount of $265,790. FURTHER ORDERED that this Order shall be entered nunc pro tunc as of 9/25/2008. Related to MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 . (jp)
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| Filing 934 NOTICE OF CLERICAL ERROR: Due to clerical error Counsel docketed the Appeals Docketing Statements under the wrong event. The documents were re docketed with the correct event and were assigned docket numbers: 932 and 933. Re: Response (non-motion), Response (non-motion) #868 , Response (non-motion), Response (non-motion) #869 (cbr) |
| Filing 931 SUPPLEMENT to MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 filed per Court's Order #900 , filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Gary Dukarich, #2 Proposed Order)(Dukarich, Gary) |
| Filing 930 NOTICE of Intent to Request Redaction from Court Reporter Leandra Amber filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K., re Transcript #911 , #903 , #909 , #905 , #907 . (Dillard, David) |
| Filing 929 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/20/2008 @ 10:00 A.M.; 8/20/2008 @ 2:00 P.M. and 8/21/2008 @ 8:00 A.M. (Valine, Victoria) |
| Filing 928 TRANSCRIPT for proceedings held on August 21, 2008 @ 8:00 A.M.. Court Reporter: Victoria L. Valine, CSR, RMR, CRR, contact at: www.victoriavalinecsr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/26/2009. Redacted Transcript Deadline set for 3/8/2009. Release of Transcript Restriction set for 5/6/2009. (Valine, Victoria) |
| Filing 927 TRANSCRIPT for proceedings held on August 20, 2008 @ 2:00 P.M.. Court Reporter: Victoria L. Valine, CSR, RMR, CRR, contact at: www.victoriavalinecsr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/26/2009. Redacted Transcript Deadline set for 3/8/2009. Release of Transcript Restriction set for 5/6/2009. (Valine, Victoria) |
| Filing 926 TRANSCRIPT for proceedings held on August 20, 2008 10:05 A.M.. Court Reporter: Victoria L. Valine, CSR, RMR, CRR, contact at: www.victoriavalinecsr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/26/2009. Redacted Transcript Deadline set for 3/8/2009. Release of Transcript Restriction set for 5/6/2009. (Valine, Victoria) |
| Filing 925 PROOF OF SERVICE filed by plaintiff Human Touch LLC, upon Weng Choo Koay aka Weng C. Koay aka Weng Koay aka Bernard Koay served on 1/16/2009, The Notice of Levy, Writ of Execution, and Exemptions from Enforcement. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 924 PROOF OF SERVICE BY MAIL filed by plaintiff Interactive Health LLC, upon Weng Choo Koay aka Weng C. Koay aka Weng Koay aka Bernard Koay served on 1/16/2009, the Notice of Levy Writ of Execution, and Exemptions from Enforcement. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 923 PROCESS RECEIPT AND RETURN (USM-285) returned Writ of Execution executed upon Bank of America. Please levy on any and all accounts that exist in the same of judgment debtor Weng Choo Koay aka Weng C Koay aka Weng Koay aka Bernard Koay. This service will be performed by a Registered Process Server. Remarks: Served on 1/15/2009 and Mailed on 1/16/2009. (jp) |
| Filing 922 PROOF OF SERVICE filed by plaintiff Interactive Health LLC, upon Bank of America served on 1/15/2009, the Notice of Levy, Memorandum of Garnishee, Writ of Execution by Personal service upon Sylvia Mefferd, Authorized Office. (jp) |
| Filing 921 PROOF OF SERVICE BY MAIL filed by plaintiff Interactive Health LLC, upon Weng Choo Koay aka Weng C. Loay aka Weng Koay aka Bernard Koay served on 1/16/2009, the Notice of Levy, Writ of Execution, Exemptions from Enforcement. (jp) |
| Filing 920 PROOF OF SERVICE BY MAIL filed by plaintiff HealthFirst LLC, served on Kingkong USA, Inc. on 1/16/09. (se) |
| Filing 919 PROOF OF SERVICE filed by plaintiff Interactive Health LLC, served on Wells Fargo Bank on 1/15/09: Notice of Levy, Memorandum of Garnishee, Writ of Execution. (se) |
| Filing 918 PROOF OF SERVICE filed by plaintiff Interactive Health LLC, served by mail on 1/16/09: Notice of Levy, Writ of Execution, Exemptions from Enforcement. (se) |
| Filing 917 PROOF OF SERVICE BY MAIL filed by plaintiff Interactive Health LLC, served on Notice of Levy, Writ of Execution, Exemptions from Enforcement uopn Kingkong USA Inc. (jp) |
| Filing 916 PROCESS RECEIPT AND RETURN (USM-285) returned Writ of Execution executed upon Wells Fargo Bank; Levy on any and all accounts that exist is the same of judgment debtor Weng Choa Koay aka Weng C. Koay aka Weng Koay aka Bernard Koay. This service will be performed by a Registered Process Server. Remarks: served on 1/15/209 and Mailed on 1/16/2009. (jp) |
| Filing 915 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 08-12-08, 08-13-08, 08-14-08, 08-15-08, 08-19-08, 08-20-08, 08-21-08, 08-22-08; Court Reporter: Katie Thibodeau, Cindy Nirenberg, Victoria Valine and Bridget Montero; Court of Appeals Case Number: 08-57863, 08-57867; Re: #838 , #835 (Attachments: #1 Exhibit Additional Transcript Designations)(Vandale, Leslie) |
| Filing 914 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-21-08, 1:14 p.m. (Amber, Leandra) |
| Filing 913 TRANSCRIPT for proceedings held on 08-21-08, 11:14 p.m. Court Reporter: Leandra Amber, phone number (213) 613-0179. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (Amber, Leandra) |
| Filing 912 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-20-08, 4:40 p.m. (Amber, Leandra) |
| Filing 911 TRANSCRIPT for proceedings held on 08-20-08, 4:40 p.m. Court Reporter: Leandra Amber, phone number (213) 613-0179. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (Amber, Leandra) |
| Filing 910 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-20-08, 11:54 a.m. (Amber, Leandra) |
| Filing 909 TRANSCRIPT for proceedings held on 08-20-08, 11:54 a.m.. Court Reporter: Leandra Amber, phone number (213) 613-0179. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (Amber, Leandra) |
| Filing 908 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-20-08, 8:22 a.m. (Amber, Leandra) |
| Filing 907 TRANSCRIPT for proceedings held on 08-20-08, 8:22 a.m. Court Reporter Leandra Amber, phone number (213) 613-0179. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (Amber, Leandra) |
| Filing 906 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-19-08, 11:50 a.m. (Amber, Leandra) |
| Filing 905 TRANSCRIPT for proceedings held on 08-19-08, 11:50 a.m. Court Reporter: Leandra Amber, phone number (213) 613-0179. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (Amber, Leandra) |
| Filing 904 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-19-08, 8:32 a.m. (Amber, Leandra) |
| Filing 903 TRANSCRIPT for proceedings held on 08-19-08, 8:32 a.m. Court Reporter: Leandra Amber, phone number (213) 613-0179. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (Amber, Leandra) |
| Filing 902 ABSTRACT of Judgment issued in favor of Plaintiff Daito Denki Kogyu K.K. and against King Kong USA Inc in the principal amount of $400,000.00 and interest in the amount of $317.59 for a total of $400,317.59. (mg) (jp). (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 901 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 08/13/2008, Vol. 2; Court Reporter: Katie Thibodeaux; Court of Appeals Case Number: 2009-1141; Re: #850 (Dillard, David) |
| Filing 900 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 . The Court finds that oral argument is not necessary and that this matter is appropriate for decision without oral argument. The hearing on this Motion calendared for January 26, 2009 at 1:30 pm is hereby vacated and the matter taken offcalendar. (kbr) |
| Filing 899 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: APPLICATION to Certify Judgments #808 . Finding good cause shown, the Court hereby grants the Application and certifies both judgments noted above against WFO and KingKong pursuant to 28 U.S.C. 1963. (kbr) |
| Filing 898 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: MOTION to Stay pending Appeal to the Court of Appeals for the Federal Circuit #861 . The Court finds that oral argument is not necessary and that this matter is appropriate for decision without oral argument. The hearing on this Motion calendared for January 26, 2009 at 1:30 pm is hereby vacated and the matter taken offcalendar. After reading the papers and considering the record of proceedings, the Court grants the Motion to the extent WFO seeks a stay pending appeal. The Court, however, denies WFOs request as to the attendant security. WFOs evidence regarding its financial condition and its financial resources was insufficient. The Court grants the Motion on the condition that WFO post a $631,000 supersedeas bond. (kbr) |
| Filing 897 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: Court DENIES Plaintiffs' MOTION for Disbursement of Funds Comprising Posted Cash Security Following Expiration of Secured Post-Trial-Motions-Period Stay #864 . Motion hearing on 1/26/09 is vacated and the matter taken off calendar. (se) |
| Filing 887 REPLY in support of MOTION to Stay pending Appeal to the Court of Appeals for the Federal Circuit #861 filed by Defendant WFO Imports LLC. (Attachments: #1 Declaration of Peter J. Korneffel Submitted in Support of Defendant WFO Imports LLC's Reply in Support of Its Motion to Stay Execution of Judgment on the Patent Claims Pending Appeal to the Court of Appeals for the Federal Circuit, #2 Exhibit 1 to the Declaration of Peter J. Korneffel, #3 Exhibit 2 to the Declaration of Peter J. Korneffel)(Korneffel, Peter) |
| Filing 891 WRIT of Execution Returned Executed as to Bernard Koay re #692 . (jp) |
| Filing 886 REPLY in support of MOTION for Disbursement of Funds Comprising Posted Cash Security Following Expiration of Secured Post-Trial-Motions-Period Stay #864 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 885 REPLY in support of MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 884 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #838 as to Defendant American Lighting Industry, Inc.; Receipt Number: 114933, Paid in the amount of $455. (lr) |
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Filing 883
ORDER CONTINUING EXAMINATION OF KING KONG USA, INC., RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Paul L. Abrams re Stipulation to Continue, #878 . IT IS HEREBY ORDERED that the Examination of KingKong USA, Inc. re Enforcement of Judgment shall be continued until January 27, 2009 at 10:00 a.m. at the offices of Plaintiffs' counsel at 3501 Jamboree Road, Suite 6000, Newport Beach, CA 92660. [See Order for details.] (ch)
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| Filing 882 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 07/29, 07/30, 07/31, 08/01, 08/04, 08/05, 08/06, 08/07, 08/08, 08/12, 08/13, 08/14, 08/15, 08/19, 08/20, 08/21, 08/22, 09/19/2008; Court Reporter: Katie Thibodeaux, Cindy Nirenberg, Leandra Amber, Victoria Valine, Bridget Montero; Court of Appeals Case Number: 2009-1141; Re: #850 (Dillard, David) |
| Filing 896 PROOF OF SERVICE filed by plaintiff Human Touch LLC fka Interactive Health LLC, upon Bernard Koay by Mailed on 12/4/2008 to American Lighting Industry Inc in Reiverside, CA. The Earnings Withholding Order, Writ of Execution, Employers Return, Employees Instruction, and Exemptions from Enforcement upon Paul Chen, Security Guard. (jp) |
| Filing 895 PROOF OF SERVICE filed by plaintiff Human Touch LLC fka Interactive Health LLC upon Kingkong USA, Inc., served on 12/4/2008. The Earnings Witholding Order, Writ of Exeuction, Employers Return, Employers Instruction, and Exemptions from Enforcement by Personal service upon Paul Chen, Security Guard. (jp) |
| Filing 894 PROOF OF SERVICE filed by plaintiff Interactive Health LLC, as to Notice of Levy, Writ of Execution, Memorandum of Garnishee served on United Commercial bank on 12/3/08. (se) |
| Filing 893 PROOF OF SERVICE filed by plaintiff Interactive Health LLC, re Notice of Levy, Writ of execution and Memorandum of Garnishee served on 12/3/08 upon United Commercial Bank. (se) |
| Filing 892 PROCESS RECEIPT AND RETURN (USM-285) - Return Executed writ of Execution upon United Commercial Bank served on 12/3/08; levy on any and all accounts that exist in the name of judgment debtor American Lighting Industry Inc. This service is to be performed by a Registered Process Server. Remarks: Mailed 12/5/08. (se) |
| Filing 890 PROCESS RECEIPT AND RETURN (USM-285) - Returned Execute Writ of Execution upon United Comerical Bank. Remarks: Served on 12/3/2008; Mailed on 12/5/2008. (jp) |
| Filing 889 PROCESS RECEIPT AND RETURN (USM-285) returned executed Writ of Execution upon King Kong USA Inc. Remarks: served on 12/4/2008. (jp) |
| Filing 888 PROCESS RECEIPT AND RETURN (USM-285) returned executed Writ of Execution - Wage Levy upon American Lighting Industry, Inc. Remarks: Served on 12/4/2008. (jp) (jp). (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 881 Proof OF SERVICE filed by defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, re Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) #876 , Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) #877 served on 1/14/2009. (Vandale, Leslie) |
| Filing 880 DECLARATION of Peter J. Korneffel re Objection/Opposition (Motion related) #879 filed by Defendant WFO Imports LLC. (Attachments: #1 Exhibit 1)(Korneffel, Peter) |
| Filing 879 Opposition re: MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 filed by Defendant WFO Imports LLC. (Korneffel, Peter) |
| Filing 878 STIPULATION to Continue Examination of KingKong USA, Inc. re Enforcement of Judgment from January 13, 2009 to January 27, 2009 at 10 a.m. Re: Judgment Debtor Exam, #874 filed by plaintiff Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 877 NOTICE of Change of Attorney Information for attorney Leslie F Vandale counsel for Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Adding Leslie F. Vandale as attorney as counsel of record for KINGKONG USA, INC., AMERICAN LIGHTING INDUSTRY, INC., and BERNARD KOAY for the reason indicated in the G-06 Notice. Filed by defendant KINGKONG USA, INC., AMERICAN LIGHTING INDUSTRY, INC., and BERNARD KOAY (Vandale, Leslie) |
| Filing 876 NOTICE of Change of Attorney Information for attorney Leslie F Vandale counsel for Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Chris D. Greinke will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Chris D. Greinke is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendant KINGKONG USA, INC., AMERICAN LIGHTING INDUSTRY, INC., and BERNARD KOAY (Vandale, Leslie) |
| Filing 875 Opposition re: MOTION for Disbursement of Funds Comprising Posted Cash Security Following Expiration of Secured Post-Trial-Motions-Period Stay #864 filed by Defendant WFO Imports LLC. (Korneffel, Peter) |
| Filing 874 MINUTES OF Judgment Debtor Exam held before Magistrate Judge Paul L. Abrams. Case called. Parties made appearances. Charles Chandler, Assistant to the Chairman of the Board of King Kong U.S.A., Inc., appeared and sworn. Court adjourned. Court Smart: CS 1/13/09. (ch) |
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Filing 873
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #835 filed by American Lighting Industry, Inc., King Kong USA Inc, Bernard Koay, Notice of Appeal to 9th Circuit Court of Appeals #838 filed by American Lighting Industry, Inc., King Kong USA Inc, Bernard Koay, CCA # 08-57063, 08-57067. The court sua sponte consolidate the above appeals. The appeal fee for no. 08-57067 remain due. Within 21 days after the date of this order, appellant shall pay to the District Court $455.00 filing and docketing fees. Brief schedule set. (cbr)
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| Filing 872 OPPOSITION OPPOSITION re: MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 filed by Defendant King Kong USA Inc. (Schiffer, Eric) |
| Filing 871 DECLARATION of Gary Dukarich in opposition to MOTION to Stay pending Appeal to the Court of Appeals for the Federal Circuit #861 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A & B)(Dukarich, Gary) |
| Filing 870 OPPOSITION to MOTION to Stay pending Appeal to the Court of Appeals for the Federal Circuit #861 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 933 Civil Appeals Docketing Statement received from Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #838 (cbr) |
| Filing 932 Civil Appeals Docketing Statement received from Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #835 (cbr) |
| Filing 869 RESPONSE filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.to Response (non-motion), Response (non-motion) #868 , Appeals Docketing Statement (A-11a) #840 , 9th CCA Assigned Case Number Notice #844 , Appeals Docketing Statement (A-11a) #837 , Appeals Docketing Statement (A-11a) #841 , 9th CCA Assigned Case Number Notice #845 Case No. 57067 (Dillard, David) |
| Filing 868 RESPONSE filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.to Appeals Docketing Statement (A-11a) #840 , 9th CCA Assigned Case Number Notice #844 , Appeals Docketing Statement (A-11a) #837 , Appeals Docketing Statement (A-11a) #841 , 9th CCA Assigned Case Number Notice #845 (Dillard, David) |
| Filing 867 AFFIDAVIT and REQUEST for Issued of Writ of Execution re Judgment #815 filed by Plaintiffs Human Touch LLC and Daito Denki Kogyu K.K. (Attachments: # 1 Writ of Execution Issued). (jp) (jp). (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 864 NOTICE OF MOTION AND MOTION for Disbursement of Funds Comprising Posted Cash Security Following Expiration of Secured Post-Trial-Motions-Period Stay filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 1/26/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Dukarich, Gary) |
| Filing 863 DECLARATION of Gary Dukarich in support of MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments #862 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A - C)(Dukarich, Gary) |
| Filing 862 NOTICE OF MOTION AND MOTION for Order for Determination of Prejudgment Interest Amounts on Judgments filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 1/26/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Dukarich, Gary) |
| Filing 861 NOTICE OF MOTION AND MOTION to Stay pending Appeal to the Court of Appeals for the Federal Circuit filed by Defendant WFO Imports LLC. Motion set for hearing on 1/26/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Declaration of Peter J. Korneffel Submitted in Support of Defendant WFO Imports, LLC's Motion for Judgment as a Matter of Law and Motion to Stay Execution of Judgment on the Patent Claims, #2 Exhibit 2 to Declaration of Peter J. Korneffel)(Korneffel, Peter) |
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Filing 860
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Paul L. Abrams. The Court has reviewed judgment debtor King Kong U.S.A.'s ex parte application for an order continuing the judgment debtor examination currently set for 1/6/09 #847 . The application is GRANTED IN PART. The judgment debtor examination is CONTINUED TO 1/13/09, at 10:00 a.m. Judgment debtor shall produce -- in person -- all documents and things subpoenaed by plaintiff ON OR BEFORE 5:00 p.m. 1/9/09. [See Order for details.] (ch) Modified on 1/5/2009 (ch).
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| Filing 859 NOTICE of Change of Attorney Information for attorney Stephen D Byers counsel for Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Stephen D. Byers will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Stephen D. Byers is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants and Counterclaimants KingKong USA, Inc., American Lighting Industry, Inc. and Bernard Koay (Byers, Stephen) |
| Filing 858 USCCA Federal Circuit Information Sheet filed as to Defendant WFO Imports LLC re Notice of Appeal to Federal Circuit Court of Appeals, #842 . (dmap) |
| Filing 857 FILING FEE LETTER issued as to Defendant American Lighting Industry, Inc., re Notice of Appeal to 9th Circuit Court of Appeals #838 . (dmap) |
| Filing 856 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals #838 as to defendant American Lighting Industry, Inc.. (dmap) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Notice of Appeal to Federal Circuit Court of Appeals, #842 . (dmap) |
| Filing 855 DECLARATION of Gary Dukarich in opposition to First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents)First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents) #847 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A & B)(Dukarich, Gary) |
| Filing 854 OPPOSITION to First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents)First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents) #847 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 865 APPEAL FEE PAID: re Notice of Appeal to Federal Circuit Court of Appeals #850 as to Plaintiff Interactive Health LLC; Receipt Number: 114463, Paid in the amount of $455. (lr) |
| Filing 853 FILING FEE LETTER issued as to Plaintiff Interactive Health LLC, re Notice of Appeal to Federal Circuit Court of Appeals #850 . (dmap) |
| Filing 852 USCCA Federal Circuit Information Sheet filed as to Plaintiff Interactive Health LLC re Notice of Appeal to Federal Circuit Court of Appeals #850 . (dmap) |
| Filing 851 NOTICE OF CLERICAL ERROR: Due to clerical error incorrect event used. Attorney David Dillard's office has been contacted and a new appeal will be filed. Re: Notice (Other) #849 . (dmap) |
| Filing 850 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit, #2 Exhibit)(Dillard, David) |
| Filing 849 NOTICE of Appeal filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit, #2 Exhibit)(Dillard, David) |
| Filing 848 DECLARATION of Kelly Andrew Beall in support of First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents)First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents) #847 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 847 First EX PARTE APPLICATION to Continue Judgment Debtor Examination from January 6, 2009 Re: Order on Application for Judgment Debtor Exam, #804 , Minutes of In Chambers Order/Directive - no proceeding held, #832 , Proof of Service (subsequent documents) #833 filed by defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.(Schiffer, Eric) |
| Filing 846 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals #835 as to Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (car) |
| Filing 845 NOTIFICATION by Circuit Court of Appellate Docket Number 08-57063, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #835 as to Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (car) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Notice of Appeal to Federal Circuit Court of Appeals #850 . (dmap) |
| Filing 866 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #835 as to Defendant American Lighting Industry, Inc.; Receipt Number: 114434, Paid in the amount of $455. (lr) |
| Filing 844 NOTIFICATION by Circuit Court of Appellate Docket Number 08-57067, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #838 as to Defendant American Lighting Industry, Inc., Blair Hayes, King Kong USA Inc. (cbr) |
| Filing 842 NOTICE OF APPEAL to the Federal Circuit filed by Defendant WFO Imports LLC. Appeal of Judgment,,,, #691 , Minutes of In Chambers Order/Directive - no proceeding held,, #780 , Minutes of In Chambers Order/Directive - no proceeding held, #210 Filing fee $455, receipt number 09730000000004701536. (Korneffel, Peter) |
| Filing 841 Civil Appeals Docketing Statement received from defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #838 re orders (Schiffer, Eric) |
| Filing 840 Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #838 re Orders (Schiffer, Eric) |
| Filing 839 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #838 . (Schiffer, Eric) |
| Filing 838 NOTICE OF APPEAL to the 9th CCA filed by defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 837 Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #835 Re Judgment (Schiffer, Eric) |
| Filing 836 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #835 . (Schiffer, Eric) |
| Filing 835 NOTICE OF APPEAL to the 9th CCA filed by defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
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Filing 834
ORDER VACATING JUDGMENT DEBTOR EXAMINATIONS OF AMERICAN LIGHTING INDUSTRY, INC. AND BERNARD KOAY by Magistrate Judge Paul L. Abrams. (jm)
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| Filing 833 PROOF OF SERVICE filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K., re Order on Application for Judgment Debtor Exam, #804 of KingKong USA, Inc. served on December 17, 2008. (Dukarich, Gary) |
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Filing 843
NOTICE OF DISCREPANCY AND ORDER: by Judge Valerie Baker Fairbank, ORDERING Proof of Service of Order to Appear for Examination submitted by Plaintiff Interactive Health LLC received on 12/22/08 is not to be filed but instead rejected. Denial based on: Pursuant to GO 08-02 case is designated for electronic filing. (mg)
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| Filing 832 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: ORDER DENYING PLAINTIFFS EX PARTE APPLICATION for an Order Confirming the Court Injunction, or in the alternative, for Temporary Injunction Order and Order to Show Cause re Permanent Injunction #788 . (jp) |
| Filing 831 NOTICE of Change of Attorney Information for attorney Richard H Zaitlen counsel for Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Richard H. Zaitlen will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Richard H. Zaitlen is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant and Counterclaimant KingKong USA, Inc., American Lighting Industry, Inc. and Bernard Koay (Zaitlen, Richard) |
| Filing 830 DECLARATION of Gary Dukarich (supplemental) in support of APPLICATION to Certify Judgments #808 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A & B)(Dukarich, Gary) |
| Filing 829 REPLY in support of APPLICATION to Certify Judgments #808 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order (revised))(Dukarich, Gary) |
| Filing 828 REPLY in support of EX PARTE APPLICATION for Preliminary Injunction re and Order to Show Cause re Permanent Injunction, or to Confirm Injunction, Against Asset Transfer or Encumbrance Without Notice #788 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order (revised))(Dukarich, Gary) |
| Filing 827 NOTICE of Change of Attorney Information for attorney Jenna F Leavitt counsel for Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Jenna F. Leavitt will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Jenna F. Leavitt is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants and Counterclaimants KingKong USA, Inc., American Lighting Industry, Inc. and Bernard Koay (Leavitt, Jenna) |
| Filing 826 Notice of Withdrawal of Application for Judgment Debtor Exam #763 , Application for Judgment Debtor Exam #765 filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 825 NOTICE of PARTIAL WITHDRAWAL, AS TO DEFENDANT AMERICAN LIGHTING INDUSTRY, INC., OF APPLICATION TO CERTIFY JUDGMENTS (Dkt. #808) filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 824 NOTICE of PARTIAL WITHDRAWAL, AS AGAINST DEFENDANT AMERICAN LIGHTING INDUSTRY, INC., OF APPLICATION FOR INJUNCTION (Dkt. #788) filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 823 NOTICE OF FILING BANKRUPTCY filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. as to American Lighting Industry, Inc., Bankruptcy Court case number 6:08-bk-28237-BB. (Attachments: #1 Exhibit A - Involuntary Bankruptcy Petition)(Dukarich, Gary) |
| Filing 822 Opposition re: APPLICATION to Certify Judgments #808 filed by Defendant WFO Imports LLC. (Attachments: #1 Declaration of Peter J. Korneffel Submitted in Support of Defendant WFO Imports, LLC's Opposition to Plaintiffs' Application to Certify Judgments)(Korneffel, Peter) |
| Filing 821 Objection opposition re: APPLICATION to Certify Judgments #808 Evidentiary Objections to Plaintiff's Application to Register Judgments filed by Defendants American Lighting Industry, Inc., King Kong USA Inc. (Schiffer, Eric) |
| Filing 820 MEMORANDUM in Opposition to APPLICATION to Certify Judgments #808 filed by Defendants American Lighting Industry, Inc., King Kong USA Inc. (Schiffer, Eric) |
| Filing 819 DECLARATION of Craig A. Welin Regarding the Declaration of Kenneth Krasne in Response to Plaintiff's Ex Parte Application for an Order Confirming the Court's Injunction (Attachments: #1 Certificate of Service)(Welin, Craig) |
| Filing 818 OPPOSITION Opposition re: EX PARTE APPLICATION for Preliminary Injunction re and Order to Show Cause re Permanent Injunction, or to Confirm Injunction, Against Asset Transfer or Encumbrance Without Notice #788 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 815 JUDGMENT, PERMANENT INJUNCTION AND DISMISSAL OF CLAIMS AND COUNTERCLAIMS by Judge Valerie Baker Fairbank: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this Court has jurisdiction over the parties and of the subject matter ofthis action. Venue is proper in this judicial district. U.S. Patent No. 6,629,940 (the "'940 Patent") is valid and enforceable as to the KKUI Defendants and each of them. The KKUI Defendants, their principals, employees, agents and other persons who are in active concert or participation with any of the foregoing are hereby immediately and permanently enjoined (see document for further details). Plaintiffs shall have and recover from the KKUI Defendants judgment in the principal amount of $400,000. (jp) |
| Filing 814 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re MOTION to Enforce Settlement Agreement #759 : The motion is taken under submission and 12/15/08 hearing date is off calendar. Separate ruling will issue. (se) |
| Filing 813 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank DENYING Plaintiffs' APPLICATION for Disbursement of Funds Posted as Cash Security for Stay, Following Expiration of Stay #807 . The stay lifted automaticaly when the Court ruled on post-trial motions (see DE 754). (se) |
| Filing 812 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: The Court has received and considered Plaintiffs' APPLICATION to Certify Judgments #808 . The Application is not captioned as a noticed motion, and it is unclear whether Plaintiffs seek ex parte relief. Having considered 28 USC 1963, the Court orders that any opposition to the Application be filed no later than 12/18/2008. (jp) |
| Filing 811 WRIT of Execution Returned Executed as to Bernard Koay aka Weng Choo Koay aka WengC. Koay aka Weng Koay re Judgment #692 . (jp) (jp). (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
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Filing 817
APPLICATION AND ORDER to File Under Seal Exhibit B to the Supplemental Declaration of Gary Dukarich in support of Plaintiffs Motion to Enforce Settlement Agreement by Judge Valerie Baker Fairbank. (jp)
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| Filing 816 SEALED DOCUMENT- Exibit B Supplemental Declaration of Gray Dukarich in Support of Plaintiffs' Motion. (mat) |
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Filing 809
ORDER by Judge Valerie Baker Fairbank that the order scheduling a hearing on Plaintiffs APPLICATION #771 , #778 and the hearing thereby scheduled for 12/29/2008 at 1:30 PM., thereon be, and are VACATED. However, this Order shall not affect any other hearings in this Action scheduled for that date and time. (jp)
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| Filing 808 APPLICATION to Certify Judgments filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Gary Dukarich, #2 Proposed Order)(Dukarich, Gary) |
| Filing 807 APPLICATION for Disbursement of Funds Posted as Cash Security for Stay, Following Expiration of Stay filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
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Filing 810
NOTICE OF DISCREPANCY AND ORDER by Judge Valerie Baker Fairbank as to Declaration of Receiver: Document not to be filed, but instead rejected and ordered returned to counsel. (se)
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Filing 806
ORDER by Magistrate Judge Paul L. Abrams Granting Application for Appearance and Examination Re: Enforcement of Judgment. Bernard Koay is ordered to appear for a Judgment Debtor Exam set for 1/13/2009 10:00 AM before Magistrate Judge Paul L. Abrams. (ch)
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Filing 805
ORDER by Magistrate Judge Paul L. Abrams Granting Application for Appearance and Examination Re: Enforcement of Judgment, hereby ORDERS the Application GRANTED. American Lighting Industry, Inc. is ordered to appear for a Judgment Debtor Exam set for 1/6/2009 10:00 AM before Magistrate Judge Paul L. Abrams. (ch)
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Filing 804
ORDER by Magistrate Judge Paul L. Abrams Granting Application for Appearance and Examination Re: Enforcement of Judgment. King Kong USA, Inc. IS ORDERED TO APPEAR for a Judgment Debtor Exam set for 1/6/2009 10:00 AM before Magistrate Judge Paul L. Abrams. (ch)
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| Filing 802 Notice of Withdrawal of Application for Order #771 , Minutes of In Chambers Order/Directive - no proceeding held,, Set Deadlines/Hearings, #778 filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 801 NOTICE OF SERVICE filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K., re Notice of Manual Filing (G-92) #800 , Declaration (Motion related) #799 , Supplement(Motion related) #798 served on December 8, 2008. (Dukarich, Gary) |
| Filing 800 NOTICE of Manual Filing filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. of Exhibit B to the Supplemental Declaration of Gary Dukarich (Dkt. #799). (Dukarich, Gary) |
| Filing 799 DECLARATION of Gary Dukarich in support of MOTION to Enforce Settlement Agreement #759 (Supplemental) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits (public))(Dukarich, Gary) |
| Filing 798 SUPPLEMENT to MOTION to Enforce Settlement Agreement #759 (Re: Defendant Bernard Koay's Aliases) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Form of Judgment)(Dukarich, Gary) |
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Filing 803
ORDER by Magistrate Judge Paul L. Abrams RESCHEDULING/CONTINUING JUDGMENT DEBTOR EXAMINATIONS #785 . [See Order for details.] (ch)
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| Filing 797 MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: Proceedings: Order DENYING Kingkong Defendants' Motion for a New Trial or, in the Alternative, for a Partial New Trial, or, in the Alternative, for an Order of Remittitur #706 . The hearing on this Motion calendared for December 8, 2008 at 1:30 pm is hereby vacated and the matter taken off calendar. (mg) |
| Filing 796 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: EX PARTE APPLICATION Confirming the Court's Injunction, or inthe Alternative, for Temporary Injunction Order and OSC re Permanent Injunction #788 . The Court denies the Application for failure to establish emergency grounds. The Court will hold a hearing on this matter on December 29, 2008, at 1:30pm. Any opposition by the KingKong Defendants shall be filed no later December 15, 2008. Any reply by Plaintiffs shall be filed by December 22, 2008. (kbr) |
| Filing 795 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) #702 . The Court GRANTS the Motion to Amend the Judgment and Vacate the monetary, damages, award against Defendant Bernard Koay, pursuant to grounds stated; and (2) DENIES the remainder of the Motion. The hearing on this Motion calendared for December 8, 2008 at 1:30 pm is hereby vacated and the matter taken offcalendar. (kbr) |
| Filing 794 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: Renewed Motion for Judgment as a Matter of Law #704 . Court Grants in part and Denies in part. The hearing on this Motion calendared for December 8, 2008 at 1:30 pm is hereby vacated and the matter taken offcalendar. (kbr) |
| Filing 793 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: re: MOTION to Enforce Settlement Agreement #759 . On its own motion, the Court hereby continues the Hearing for Plaintiffs Motion to Enforce Settlement Agreement from December 8, 2008, at 1:30pm, to December 15, 2008, at 1:30 pm. (kbr) |
| Filing 789 DECLARATION of Gary Dukarich in support of EX PARTE APPLICATION for Preliminary Injunction re and Order to Show Cause re Permanent Injunction, or to Confirm Injunction, Against Asset Transfer or Encumbrance Without Notice #788 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A - C)(Dukarich, Gary) |
| Filing 788 EX PARTE APPLICATION for Preliminary Injunction re and Order to Show Cause re Permanent Injunction, or to Confirm Injunction, Against Asset Transfer or Encumbrance Without Notice filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 787 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution re Judgment #692 filed by Plaintiff Interactive Health LLC. Issued Writ of Execution. (jp) Modified on 2/2/2009 (jp). (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| WRIT of Execution issued. (jp) |
| Filing 786 REPLY in support of MOTION to Enforce Settlement Agreement #759 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Gary Dukarich, #2 Declaration of Syed A. Hasan)(Dukarich, Gary) |
| Filing 785 Amendment to REQUEST to Reschedule Judgment Debtor Examinations #779 (in response to Opposition), filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order, #2 Rescheduled Appearance Order - American Lighting, #3 Rescheduled Appearance Order - KingKong USA, #4 Rescheduled Appearance Order - B. Koay)(Dukarich, Gary) |
| Filing 784 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank DENYING Plaintiffs' MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 . Motion hearing calendared for 12/8/08 at 1:30 pm is vacated and off calendar. (se) |
| Filing 783 Opposition To Request To Reschedule/Continue Judgment Debtor Examinations re: REQUEST to Reschedule Judgment Debtor Examinations #779 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 779 REQUEST to Reschedule Judgment Debtor Examinations filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order, #2 Rescheduled Appearance Order - American Lighting, #3 Rescheduled Appearance Order - KingKong USA, #4 Rescheduled Appearance Order - B. Koay)(Dukarich, Gary) |
| Filing 782 DECLARATION of John Yeh in opposition to MOTION to Enforce Settlement Agreement #759 filed by non-party John Yeh. (se) |
| Filing 781 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: Cpourt DENIES Plaintiffs' MOTION for Judgment as a Matter of Law on the basis of Claims 8 and 9 of '940 Patent Are Valid #710 . (se) |
| Filing 780 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER DENYING THE MOTION OF DEFENDANT WFO IMPORTS, LLC (WFO) for Judgment as a Matter of Law #698 and alternative MOTION for New Trial #709 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, thecourt finds that this matter is appropriate for decision without oral argument. The hearing on this Motion calendared for December 8, 2008 at 1:30 pm is hereby vacated and the matter taken off calendar (see document for further details). (jp) |
| Filing 778 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re APPLICATION for Order for APPROVAL OF AFFIDAVIT OF IDENTITY REGARDING DEFENDANT BERNARD KOAY #771 : Application set for hearing on 12/29/2008 at 01:30 PM before Judge Valerie Baker Fairbank. Opposition due 12/16/08; reply, if any, due 12/22/08. (se) |
| Filing 774 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank DENYING PLAINTIFF HUMAN TOUCH'S MOTION for New Trial AGAINST WFO DEFENDANTS AND MOTION FOR MODIFICATION OF COURTS RULING GRANTING WFO DEFENDANTS MOTION TO PRECLUDE DAMAGES EVIDENCE #709 . The hearing on this motion calendared for 12/8/08 is vacated and taken off calendar. (se) |
| Filing 773 DECLARATION of RICHARD H. ZAITLEN IN OPPOSTION TO MOTION to Enforce Settlement Agreement #759 or Order to Show Cause filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Leavitt, Jenna) |
| Filing 772 OPPOSITION to MOTION to Enforce Settlement Agreement #759 or Order to Show Cause filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Exhibit A - [Proposed] Judgment)(Leavitt, Jenna) |
| Filing 771 APPLICATION for Order for APPROVAL OF AFFIDAVIT OF IDENTITY REGARDING DEFENDANT BERNARD KOAY filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Affidavit of Identity, #2 Proposed Order)(Dukarich, Gary) |
| Filing 792 ABSTRACT of Judgment issued in favor of Plaintiff Human Touch LLC and against Weng Choo Koay aka Bernard Koay aka Weng C. Koay and aka Weng Loay in the principal amount of $ 425,005.00, interest in the amount of $ 0.00, costs of $ 14,076.25, attorneys fees of $ 0.00. Post-judgment interest has accrued in the amount of $1,240.13 through November 25, 2008 and continues to accrue at the rate of $20.33 per day. RE: Judgment #692 . (jp) (jp). (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 791 ABSTRACT of Judgment issued in favor of Plaintiff Human Touch LLC Interactive Health LLC and against King Kong USA Inc in the principal amount of $ 2,833,371.00, interest in the amount of $ 0.00, costs of $ 14,076.25 attorneys fees of $ 0.00. Post-judgment interest has accrued in the amount of $8,042.28 through November 25, 2008 and continues to accrue at the rate of $113.84 per day. RE: Judgment #692 . (jp) |
| Filing 790 ABSTRACT of Judgment issued in favor of Plaintiff Human Touch LLC Interactive and against American Lighting Industry, Inc., in the principal amount of $ 4,555,250.00, interest in the amount of $ 0.00, costs of $ 14,076.25, attorneys fees of $ 0.00. Post-judgment interest has accrued in the amount of $12,905.53 through November 25, 2008 and continues to accrue at the rate of $211.57 per day. RE: Judgment #692 (jp) |
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Filing 769
ORDER by Magistrate Judge Paul L. Abrams Granting APPLICATION for Judgment Debtor Exam as to King Kong USA, Inc. #764 Judgment Debtor Exam set for 1/27/2009 10:00 AM before Magistrate Judge Paul L. Abrams. (ch)
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Filing 768
ORDER by Magistrate Judge Paul L. Abrams Granting APPLICATION for Judgment Debtor Exam as to American Lighting Industry, Inc. #763 Judgment Debtor Exam set for 1/27/2009 10:00 AM before Magistrate Judge Paul L. Abrams. (ch)
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Filing 767
ORDER by Magistrate Judge Paul L. Abrams APPOINTING PROCESS SERVERS #758 . [See Order for details.] (ch)
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Filing 766
ORDER by Magistrate Judge Paul L. Abrams GRANTING APPLICATION for Judgment Debtor Exam as to Bernard Koay #765 Judgment Debtor Exam set for 1/27/2009 10:00 AM before Magistrate Judge Paul L. Abrams. (ch)
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| Filing 777 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution re Judgment #692 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Issued Writ of Execution). (jp) |
| Filing 776 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution re Judgment #692 filed by Plaintiff Interactive Health LLC. (Attachments: #1 Issued Writ of Execution). (jp) |
| Filing 775 AFFIDAVIT AND REQUEST for issuance of Writ of Execution re Judgment #691 filed by Plaintiff Human Touch LLC. (Attachments: #1 Issued Writ of Execution). (jp) |
| WRIT of Execution issued. (jp) |
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Filing 770
ORDER Accelerating Briefing and Hearing of Plaintiff's Motion to Enforce Settlement by Judge Valerie Baker Fairbank. 1) Defendants Opposition or other response to the Motion shall be filed on or before December 1, 2008; 2) Plaintiffs Reply or other response to Defendants filing shall be filed on or before December 3, 2008; 3) The hearing on the Motion, currently scheduled for December 29, 2008 at 1:30 p.m., shall be, and hereby is, accelerated and moved to December 8, 2008 at 1:30 p.m. (kbr)
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| Filing 765 APPLICATION for Judgment Debtor Exam as to Bernard Koay filed by plaintiff Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 764 APPLICATION for Judgment Debtor Exam as to King Kong USA, Inc. filed by plaintiff Interactive Health LLC. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 763 APPLICATION for Judgment Debtor Exam as to American Lighting Industry, Inc. filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 762 STIPULATION to Reschedule Briefing and Hearing of Plaintiffs' Motion to Enforce Settlement Agreement filed by plainitffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 761 DECLARATION of David A. Dillard in support of APPLICATION to Shorten Time for hearing re MOTION to Enforce Settlement Agreement #759 to December 8, 2008 (EX PARTE), or FOR ISSUANCE OF OSC APPLICATION to Shorten Time for hearing re MOTION to Enforce Settlement Agreement #759 to December 8, 2008 (EX PARTE), or FOR ISSUANCE OF OSC #760 , MOTION to Enforce Settlement Agreement #759 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A - H)(Dukarich, Gary) |
| Filing 760 APPLICATION to Shorten Time for hearing re MOTION to Enforce Settlement Agreement #759 to December 8, 2008 (EX PARTE), or FOR ISSUANCE OF OSC filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order, #2 Proposed OSC)(Dukarich, Gary) |
| Filing 759 NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 12/29/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Judgment)(Dukarich, Gary) |
| Filing 758 APPLICATION for Order for Appointment of Process Servers filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 757 NOTICE OF DEPOSIT of Funds Into Account submits a cashier's check in the amount of $50,000 directed to Clerk, United States District Court filed by defendants Blair Hayes, WFO Imports LLC. (jp) |
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Filing 756
ORDER by Judge Valerie Baker Fairbank, GRANTING Continuance of Hearing on the Parties Post-Trial Motions #755 . The Parties, through their respective counsel and subject to the approval of this Honorable Court, have stipulated to further continue the hearing on the Parties' post-trial MOTIONS #702 , #698 , #709 , #710 of 12/1/2008 at 1:30 PM., to 12/8/2008 at 01:30 PM. (jp)
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| Filing 755 Joint STIPULATION to Continue HEARING ON PARTIES' POST-TRIAL MOTIONS from December 1, 2008 at 1:30 p.m. to December 8, 2008 at 1:30 p.m. Re: Minutes of In Chambers Order/Directive - no proceeding held, Set Motion and R&R Deadlines, Terminate Hearings,,,,,,,,, #747 filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dillard, David) |
| Filing 754 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank GRANTING Motion for Stay #707 and GRANTING MOTION for Stay of Execution of Judgment on Patent Claims #699 . (se) |
| Filing 747 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER VACATING HEARING ON MOTIONS TO STAY EXECUTION OF JUDGEMENT AND CONTINUING HEARINGS ON ALL OTHER POSTTRIAL MOTIONS. Court continues the hearing on all post-trial motions #698 , #699 , #702 , #709 , #710 (other than the two, above-mentioned Motions to Stay) from 11/3/2008, 1:30 PM to 12/1/2008 at 01:30 PM. The parties are hereby ordered to file paper copies of the above-identified missing filings no later than 10/31/2008 at 5:00PM. The parties are also hereby ordered to file, by the same time, a second (i.e., additional) paper courtesy copy of all post-trial motion, opposition, and reply papers (except those pertaining to the two, abovementioned Motions to Stay), exclusive of exhibits. (jp) |
| Filing 753 SEALED DOCUMENT - DECLARATION of GARY DUKARICH IN SUPPORT OF PLAINTIFF'S MOTION FOR AWARD OF Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims. (Attachments: #1 PART 2, #2 PART 3, #3 PART 4, #4 PART 5, #5 PART 6)(lra) |
| Filing 752 SEALED DOCUMENT - APPLICATION AND ORDER TO FIL CONFIDENTIAL DECLARATION OF GARY DUKARICH UNDER SEAL. (lra) |
| Filing 751 SEALED DOCUMENT - APPLICATION AND ORDER TO FILE UNDER Seal THE CONFIDENTIAL SUPPLEMENTAL DECLARATION OF GARY DUKARICH IN SUPPORT OF PLAINTIFFS MOTION FOR AWARD OF ATTORNEYS' FEES AND NONTAXABLE COSTS. (lra) |
| Filing 750 SEALED DOCUMENT - EXHIBIT 1 TO THE DECLARATION OF PETER J. KORNEFFEL Filed (Attachments: #1 PART 2, #2 PART 3)(lra) |
| Filing 749 SEALED DOCUMENT - DECLARATION of GARY DUKARICH IN SUPPORT OF PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES AND Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims. (lra) |
| Filing 748 APPLICATION AND ORDER TO FILE UNDER SEAL, PURSUANT TO L.R. 79-5.1 AND IV.C OF THE DECEMBER 12, 2006 PROTECTIVE ORDER (DOCKET nO. 28) eXHIBIT 1 TO DECLARATION OF PETER J. KORNEFFEL (lra) |
| Filing 746 DECLARATION of Gary Dukarich in support of MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 (SECOND SUPPLEMENTAL), filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits J - M)(Dukarich, Gary) |
| Filing 745 REPLY in support of MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 744 REPLY Plaintiffs' Reply to WFO Defendants' Opposition to Plaintiffs' MOTION for New Trial #709 and Motion for Modification of Court's Ruling Granting WFO's Motion to Preclude Damages Evidence filed by Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration Supplemental Declaration of Tiffany A. Parcher in Support of Plaintiffs' Reply to Motion for New Trial and Motion for Modification of Courts' Ruling Granting WFO's Motion to Preclude Damages Evidence)(Dillard, David) |
| Filing 743 REPLY Plaintiffs' Reply in Support of Its Renewed MOTION for Judgment as a Matter of Law on the basis of: Claims 8 and 9 of '940 Patent Are Valid #710 , or in the Alternative, to Vacate the Court's Holding that Claims 8 and 9 are Invalid for Obviousness filed by Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 742 REPLY Reply to Plaintiffs' Opposition to the KingKong Defendants' Renewed Rule 50(b) Motion for Judgment as a Matter of Law #704 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration Declaration of Eric M. Schiffer, #2 Exhibit 1-2 of Declaration of Eric M. Schiffer)(Schiffer, Eric) |
| Filing 741 REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR A NEW TRIAL MOTION for New Trial #709 THE KINGKONG DEFENDANTS' REPLY TO PLAINTIFFS' OPPOSITION TO KINGKONG DEFENDANTS' MOTION FOR A NEW TRIAL, OR IN THE ALTERNATIVE, FOR A PARTIAL NEW TRIAL OR, IN THE ALTERNATIVE, FOR AN ORDER OF REMITTITUR filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration OF ERIC M. SCHIFFER IN SUPPORT OF THE KINGKONG DEFENDANTS' REPLY TO PLAINTIFFS' OPPOSITION TO KINGKONG DEFENDANTS' MOTION FOR A NEW TRIAL OR, IN THE ALTERNATIVE, FOR A PARTIAL NEW TRIAL OR, IN THE ALTERNATIVE, FOR AN ORDER OF REMITTITUR, #2 Exhibit 1-3 OF DECLARATION OF ERIC M. SCHIFFER)(Schiffer, Eric) |
| Filing 740 REPLY REPLY TO PLAINTIFF'S OPPOSITION MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) #702 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration DECLARATION OF ERIC M. SCHIFFER IN SUPPORT OF REPLY IN SUPPORT OF THE KINGKONG DEFENDANTS' MOTION TO AMEND THE JUDGMENT UNDER FED. R. CIV. P. 59(e), #2 Exhibit EXHIBIT 1-4 OF DECLARATION OF ERIC M. SCHIFFER IN SUPPORT OF REPLY IN SUPPORT OF THE KINGKONG DEFENDANTS' MOTION TO AMEND THE JUDGMENT UNDER FED. R. CIV. P. 59(e))(Schiffer, Eric) |
| Filing 739 REPLY in support of MOTION for Stay of Execution of Judgment on Patent Claims #699 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 738 REPLY in support of MOTION for Judgment as a Matter of Law #698 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 736 BILL OF COSTS. Costs Taxed in amount of $14076.25 in favor of Plaintiff, Human Touch, LLC and against Defendant King Kong USA, Inc.. RE: Request to the Clerk to Tax Costs #717 (kr) |
| Filing 737 BILL OF COSTS. Costs Taxed in amount of $39630 in favor of Plaintiff Human Touch, LLC and against Defendant WFO Imports, LLC. RE: Request to the Clerk to Tax Costs, Request for Relief #718 (kr) |
| Filing 735 MEMORANDUM in Opposition Plaintiffs' Opposition to the KingKong Defendants' Renewed Rule 50(b) Motion for Judgment as a Matter of Law filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of David A. Dillard in Support of Plaintiffs' Opposition to the KingKong Defendants' Renewed Rule 50(b) Motion for Judgment as a Matter of Law (Part 1 of 4), #2 Exhibit Exh D-E of D. Dillard Declaration, #3 Exhibit Exh F-O of D. Dillard Declaration, #4 Exhibit Exh. P-AA of DAD Decl)(Dillard, David) |
| Filing 734 OPPOSITION to MOTION for Stay of Execution of Judgment on Patent Claims #699 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Gary Dukarich)(Dukarich, Gary) |
| Filing 733 OPPOSITION to EX PARTE APPLICATION to Shorten Time for Hearing #708 , OPPOSING KINGKONG DEFENDANTS' MOTION TO STAY PROCEEDINGS TO ENFORCE THE JUDGMENT #707 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 732 MEMORANDUM in Opposition to MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) #702 Plaintiffs' Opposition to KingKong Defendants' Rule 59(E) Motion to Amend the Judgment filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Patrick J. Orme in Support of Plaintiff's Opposition to the KingKong Defendants' Rule 59(E) Motion to Amend the Judgment)(Dillard, David) |
| Filing 731 MEMORANDUM in Opposition to KingKong Defendants' Motion for a New Trial, Or in the Alternative, For a Partial New Trial, or, In the Alternative, For an Order of Remittur filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Tiffany A. Parcher In Support of Plaintiffs' Opposition to KKUI Defendants' Motion for a New Trial)(Dillard, David) |
| Filing 730 OPPOSITION to MOTION for Judgment as a Matter of Law #698 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Tiffany A. Parcher In Support of Plaintiffs' Opposition to WFO Defendants' Motion for Judgment as a Matter of Law with Exhs A-D (1 of 3), #2 Exhibit M-L of Decl of T Parcher ISO Pltf Opp to WFO Defendants Motion for Judgment as a Matter of Law (Part 2 of 3), #3 Exhibit M-P of T Parcher Declaration In Support of Plaintiffs' Opposition to WFO Defendants Motion for Judgment as a Matter of Law (Part 3 of 3))(Dillard, David) |
| Filing 729 OPPOSITION re: MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 OPPOSITION TO PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES AND NONTAXABLE COSTS AGAINST DEFENDANTS KING KONG USA, INC. AND BERNARD KOAY ON TRADEMARK AND TRADE DRESS CLAIMS filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 728 Opposition re: MOTION for New Trial #709 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Declaration of Peter J. Korneffel Submitted in Support of Defendant WFO Imports, LLC's and Blair Hayes' Opposition to Plaintiffs' Motion for Modification of Court's Ruling Granting WFO's Motion to Preclude Damages Evidence, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Korneffel, Peter) |
| Filing 727 Opposition to re: MOTION for Judgment as a Matter of Law on the basis of: Claims 8 and 9 of '940 Patent Are Valid #710 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Declaration of Peter J. Korneffel Submitted in Support of Defendant WFO Imports, LLC's and Blair Hayes' Opposition to Plaintiffs' Motion for Judgment as a Matter of Law that Claims 8 and 9 of the '940 Patent are Valid, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Korneffel, Peter) |
| Filing 726 OBJECTION Opposition re: Request to the Clerk to Tax Costs,, Request for Relief, #717 OBJECTIONS TO PLAINTIFF'S AMENDED BILL OF COSTS AND AMENDED ITEMIZATION OF COSTS filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 725 OBJECTIONS to Plaintiffs' Amended Bill of Costs and Amended Itemization of Costs filed by Defendant WFO Imports LLC. (Korneffel, Peter) |
| Filing 724 NOTICE of Manual Filing filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. of Confidential Supplemental Dukarich Declaration in Support of Motion for Attorneys' Fees and of Application and Proposed Order to File Same Under Seal. (Dukarich, Gary) |
| Filing 723 SUPPLEMENT to MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 722 NOTICE of Filing of Amended Bill of Costs Against WFO Imports, LLC filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Amended Bill of Costs)(Dukarich, Gary) |
| Filing 721 NOTICE of Filing of Amended Bill of Costs Against KingKong Defendants filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Amended Bill of Costs)(Dukarich, Gary) |
| Filing 720 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER DENYING THE KINGKONG DEFENDANTS'EX PARTE APPLICATION EX PARTE APPLICATION for an Order Shortening Time to Hear the Kingkong Defendants Motion to Stay Proceedings to Enforce the judgment #708 . The circumstances do not present an emergency, and there is insufficient showing of irreparable prejudice. (jp) |
| Filing 719 REPLY Reply In Support Of EX PARTE APPLICATION to Shorten Time for Hearing #708 Motion To Stay Proceedings To Enforce the Judgment filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 718 REQUEST to the Clerk to Tax Costs against Blair Hayes, WFO Imports LLC re: Judgment,,,, #691 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. Request set for hearing on 10/23/2008 at 11:00 AM before Judge Valerie Baker Fairbank. (Attachments: #1 Supplement Bill of Costs)(Dillard, David) |
| Filing 717 REQUEST to the Clerk to Tax Costs against American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc re: Judgment,,,,,, #692 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. Request set for hearing on 10/23/2008 at 11:00 AM before Judge Valerie Baker Fairbank. (Attachments: #1 Supplement Bill of Costs)(Dillard, David) |
| Filing 716 REPLY Opposition EX PARTE APPLICATION to Shorten Time for Hearing #708 KingKong Defendants' Motion to Stay Proceedings to Enforce the Judgment filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of David A. Dillard In Support of Plaintiffs' Reply to Ex Parte Application for an Order Shortening Time to Hear KingKong Defendants Motion to Stay Proceedings to Enforce the Judgment)(Dillard, David) |
| Filing 715 DECLARATION of Supplemental of Peter J. Korneffel filed by Defendant WFO Imports LLC. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11)(Korneffel, Peter) |
| Filing 714 DECLARATION of ERIC M. SCHIFFER in support RENEWED MOTION for Judgment as a Matter of Law on the basis of: Claims 8 and 9 of '940 Patent Are Valid #710 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (jp) |
| Filing 713 DECLARATION of ERIC M. SCHIFFER in support of MOTION Amend the Judgment Pursuant to Rule 59(e) #702 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (jp) |
| Filing 712 DECLARATION of Gary Dukarich in support of MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit F - Trial Exhibit, #2 Exhibit G - Attorney Biographies)(Dukarich, Gary) |
| Filing 711 MEMORANDUM in Support of MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims #696 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 710 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Claims 8 and 9 of '940 Patent Are Valid filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Plaintiffs' [Renewed] Motion for Judgment as a Matter of Law That Claims 8 and 9 of the '940 Patent Are Valid or, In the Alternative, To Vacate the Court's Holdg That Clms 8&9 Not Invalid for Obviousness, #2 Declaration of David A. Dillard In Support of Pltfs Renewed Mtn for JMOL that Clms 8&9 of '940 Patent are Valid or in the Alternative, to Vacate Cts Holding that Clms 8&9 Not Invalid for Obviousness, #3 Proposed Order Vacating Prior Order Holding Clms 8&9 Invalid for Obviousness and Optional: Granting JMOL that Clms 8&9 of '940 Patent Are Not Obvious)(Dillard, David) |
| Filing 709 NOTICE OF MOTION AND MOTION for New Trial filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Supplement Motion for Renewed Trial Against WFO Defendants and Motion for Modification of Court's Ruling Granting WFO's Motion to Preclude Damages Evidence, #2 Declaration of Tiffany A. Parcher In Support of Motion for New Trial Against WFO Defendants and Motion for Modification of Court's Ruling Granting WFO Defendants' Motion to Preclude Damages Evidence, #3 Proposed Order Granting New Trial Against WFO Defendants and Modification of Court's Ruling Granting WFO's Motion to Preclude Damages Evidence)(Dillard, David) |
| Filing 708 EX PARTE APPLICATION to Shorten Time for Hearing filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Memorandum of Points and Authorities In Support Of Ex Parte Application For An Order Shortening Time To Hear Defendants' Motion To Stay Proceedings To Enforce The Judgment; Declaration Of Chris D. Greinke In Support Thereof; [Proposed] Order, #2 Declaration Declaration of Chris D. Greinke In Support Of Ex Parte Application For An Order Shortening Time To Hear The KingKong Defendants' Motion To Stay Proceedings To Enforce The Judgment, #3 Proposed Order Granting Defendants' Ex Parte Application For An Order Shortening Time To Hear The KingKong Defendants' Motion To Stay Proceedings To Enforce The Judgment)(Schiffer, Eric) |
| Filing 707 NOTICE Notice of Motion And Motion To Stay Proceedings To Enforce The Judgment Under Fed. R. Civ. P. 62(b); Memorandum Of Points And Authorities In Support Thereof; Declaration Of Eric M. Schiffer In Support Thereof; [Proposed] Order filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration Of Eric M. Schiffer In Support Of Motion To Stay Proceedings To Enforce The Judgment Under Fed. R. Civ. P. 62(b), #2 Proposed Order Granting The King Kong Defendants' Motion To Stay Proceedings To Enforce The Judgment Under Fed. R. Civ. P. 62(b))(Schiffer, Eric) |
| Filing 706 NOTICE Notice Of Motion And Motion For A New Trial Or, In The Alternative, For A Partial New Trial Or, In The Alternative, For An Order Of Remittitur; Memorandum Of Points And Authorities In Support Thereof; Declaration Of Eric M. Schiffer filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration Declaration Of Eric M. Schiffer In Support Of Motion For A New Trial Or, In The Alternative, For A Partial New Trial Or, In The Alternative, For An Order Of Remittitur)(Schiffer, Eric) |
| Filing 705 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Declaration Of Eric M. Schiffer In Support Of Renewed Motion For Judgment As A Matter Of Law Under Fed. R. Civ. P. 50(b). (Schiffer, Eric) |
| Filing 704 NOTICE of Motion and Renewed Motion for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(b) filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration of Eric M. Schiffer in Support of Renewed Motion for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(b), #2 Exhibit Defendants Index of Exhibits in Support of Renewed Motion for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(b))(Schiffer, Eric) |
| Filing 703 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Declaration of Eric M. Schiffer In Support of Motion to Amend the Judgment Under Fed. R. Civ. P. 59(e). (Schiffer, Eric) |
| Filing 702 NOTICE OF MOTION AND MOTION for Judgment Amending the Judgment Pursuant to Rule 59(e) filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Declaration Declaration of Eric M. Schiffer In Support of Motion to Amend the Judgment Under Fed. R. Civ. P. 59(e), #2 Exhibit Index of Exhibits in Support of Rule 59(e) Motion to Amend Judgment)(Schiffer, Eric) |
| Filing 701 NOTICE of Manual Filing filed by Defendant WFO Imports LLC of Exhibit 1 to Declaration of Peter J. Korneffel Submitted in Support of Motion for Judgment as a Matter of Law and Motion for Stay of Execution of Judgment on Patent Claims. (Korneffel, Peter) |
| Filing 700 DECLARATION of Peter J. Korneffel re MOTION for Judgment as a Matter of Law #698 , MOTION for Stay of Execution of Judgment on Patent Claims #699 filed by Defendant WFO Imports LLC. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Peter J. Korneffel, #2 Exhibit Exhibit 2 to Declaration of Peter J. Korneffel)(Korneffel, Peter) |
| Filing 699 NOTICE OF MOTION AND MOTION for Stay of Execution of Judgment on Patent Claims filed by Defendant WFO Imports LLC. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Korneffel, Peter) |
| Filing 698 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law filed by Defendant WFO Imports LLC. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Korneffel, Peter) |
| Filing 697 NOTICE of Manual Filing filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. of Confidential Dukarich Declaration in Support of Motion for Attorneys' Fees and of Application and Proposed Order to File Same Under Seal. (Dukarich, Gary) |
| Filing 696 NOTICE OF MOTION AND MOTION for Attorney Fees and Nontaxable Costs Against Defendants KingKong USA, Inc. and Bernard Koay on Trademark and Trade Dress Claims filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Dukarich, Gary) |
| Filing 692 JUDGMENT ON CLAIMS AGAINST KING KONG USA, INC., AMERICAN LIGHTING INDUSTRY, INC. AND BERNARD KOAY, AND THE COUTNERCLAIMS OF DEFENDANT KING KONG USA, INC., by Judge Valerie Baker Fairbank (see document for further details). FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff shall have and recover from Defendant American Lighting Industry, Inc., judgment in the principal amount of $4,555,250, post-judgment interest in accordance with 28 USC 1961, and costs; Plaintiff shall have and recover from Defendant KingKong USA, Inc., judgment in the principal amount of $2,833,371.00, along with prejudgment interest, post-judgment interest in accordance with 28 USC 1961, and costs; Plaintiff shall have and recover from Defendant Bernard Koay judgment in the principal amount of $425,005.00, along with prejudgment interest, post-judgment interest in accordance with 28 USC 1961, and costs. FURTHER ORDERED, ADJUDGED, AND DECREED that the counterclaims of Counterclaimant KingKong USA, Inc. for non-infringement, invalidity, unenforceability and cancellation of Plaintiff's trademarks and trade dress is dismissed with prejudice, that Counterclaimant shall take nothing thereby, and that costs for the counterclaim are taxed against Counterclaimant and awarded to Counterdefendant Human Touch, LLC. FURTHER ORDERED, ADJUDGED, AND DECREED that the KKUI Defendants, their principals, employees, and/or agents and anyone actingin concert with any of them, including any entity controlled by any of the KKUIDefendants, or any host of a website over which any of the KKUI Defendants controls the content, are PERMANENTLY ENJOINED (see document for further details). (jp) |
| Filing 691 JUDGMENT by Judge Valerie Baker Fairbank: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that claims 1, 4, 5 and 6 of United States Patent No. 6,629,940 ("'940 patent"), entitled "Lower Leg Massager and Chair Type Massaging Apparatus Using the Same," issued October 7, 2003 to the late Nobuzo Shimizu, are valid and infringed by WFO Imports ("WFO"); Claims 8 and 9 of the '940 patent are invalid for obviousness, and no inequitable conduct occurred during the prosecution of the application which issued as the '940 patent. FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs Human Touch, LLC and Daito Denki Kogyu K.K. shall have and recover from Defendant WFO Imports, LLC judgment damages in the principal amount of 1,726,726.56. FURTHER ORDERED, ADJUDGED, AND DECREED that the Plaintiffs claims for permanent injunctive relief on the patent claims againstWFO and Mr. Hayes are denied. FURTHER ORDERED, ADJUDGED, AND DECREED that WFO, their principals, employees, and/or agents and any entity controlled byWFO, or any host of a website over which WFO controls the content, are permanently enjoined (see document for further details). (jp) |
| Filing 693 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE KING KONG DEFENDANTS Objections to Plaintiff's Proposed Judgment; Defendants WFO Imports LLC and Blair Hayes Objections to Plaintiffs' Form of Judgment; Plaintiffs' Bench Memo re Prejudigment Interest; Defendants King Kong USA, Inc., and Bernard Koay's Brief Regarding Prejudgment Interest #690 . The court finds the issue is not necessary or appropriate to consider at this time. The parties may re-raise the issue within the context of an appropriate post-judgment motion (see document for details). (jp) |
| Filing 690 OBJECTIONS TO PLAINTIFF'S PROPOSED JUDGMENT ON TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, AND UNFAIR COMPETITION INFRINGEMENT CLAIMS filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 689 OBJECTIONS of Defendants WFO Imports, LLC and Blair Hayes to Plaintiffs' Form of Judgment on the Patent Claims filed by Defendant Blair Hayes. (Korneffel, Peter) |
| Filing 688 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect document attached to the docket entry; proposed Judgment should be lodged RE: Notice of Offer of Judgment, #682 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se) |
| Filing 687 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect document attached to docket entry; Proposed Judgement should be lodged RE: Notice of Offer of Judgment #684 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se) |
| Filing 685 STIPULATION for Permanent Injunction as to Against Defendant WFO Imports, LLC filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Supplement Part 2 of 3, #2 Supplement Part 3 of 3)(Dillard, David) |
| Filing 684 NOTICE of Offer of Judgment filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. on Trademark Infringement, Trade Dress Infringement, and Unfair Competition Claims and Dismissing Counterclaim (Dillard, David) |
| Filing 683 Bench Memo Re Prejudgment Interest filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Dillard, David) |
| Filing 682 NOTICE of Offer of Judgment filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. on Patent Claims and Dismissing Counterclaim (Attachments: #1 Exhibit A, #2 Exhibit B (1 of 3), #3 Exhibit B to PT Judgment, #4 Exhibit B to PT Judgment (3 of 3))(Dillard, David) |
| Filing 681 BRIEF filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. DEFENDANTS KING KONG USA, INC'S AND BERNARD KOAY'S BRIEF REGARDING PREJUDGMENT INTEREST (Schiffer, Eric) |
| Filing 695 AMENDED DOCUMENT Amendment to Minutes of Bench Trial - One Day only #680 . (kbr) |
| Filing 680 MINUTES OF Court Trial (1st Day) held and completed before Judge Valerie Baker Fairbank: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff shall file proposed Judgment. See reporter's notes.Court Reporter: Katie Thibodeaux. (se) |
| Filing 679 MINUTES OF Show Cause Hearing held before Judge Valerie Baker Fairbank: Court hears oral argument and orders the Order to Show Cause re Failure to Prosecute Claims for Injunctive Relief DISCHARGED. Order for Injunctive Relief will be included in the Judgment re trial.Court Reporter: Katie Thibodeaux. (se) Modified on 9/22/2008 (kbr). |
| Filing 678 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (jp) |
| Filing 677 STIPULATED PERMANENT INJUNCTION by Judge Valerie Baker Fairbank that WFO, its principal, employees, and/or agents and any entity controlled by WFO, or any host of a website over which WFO contrals the content, are permanently enjoined (see document for further details). This Court shall retain jurisdiction converning enforcemen of this Stipulated Permanent Injunction #669 . (jp) |
| Filing 676 LIST OF EXHIBITS AND WITNESSES at trial. (jp) |
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Filing 675
ORDER by Judge Valerie Baker Fairbank re Stipulated for Permanent Injunction as to Against KKUI Defendants re Trademark, Trade Dress and Unfair Competition #669 . It is hereby ORDERED, ADJUDGED AND DECREED as follows: 1) This Court has jurisdiction over the parties and of the subject matter of this action. 2) Venue is proper in this judicial district. 3) The KKUI Defendants, their principals, employees, and/or agents and anyone acting in concert with any of them, including any entity controlled by any of the KKUI Defendants, or any host of a website over which any of the KKUI Defendants controls the content, are permanently enjoined (jp)
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| Filing 674 WITNESS TESTIMONY SUMMARIES filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 673 Witness List filed by Defendants Blair Hayes, WFO Imports LLC.. (Korneffel, Peter) |
| Filing 672 Exhibit List for Court Trial re Injunctive Relief filed by Defendants Blair Hayes, WFO Imports LLC.. (Korneffel, Peter) |
| Filing 686 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE TRIALS ON INJUNCTIVE RELIEF. This court finds insufficient grounds to dismiss Plaintiffs' claims for injunctive relief for lack of prosecution. Accordingly, in addition to the court trial on injunctive relief on Plaintiff's non-Patent Claims against WFO, the court intends to proceed with a court trial on injunctive relief on the Plaintiffs' Patent Claims against the WFO Defendants and the court trial on injunctive relief on the Trademark, Trade Dress and Unfair Competition Claims as to the KKUI Defendants on 9/19/2008. (jp) |
| Filing 671 Witness List filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 670 (Court Trial Re Injunctive Relief) Exhibit List filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 669 STIPULATION for Permanent Injunction as to Against KKUI Defendants re Trademark, Trade Dress and Unfair Competition filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dillard, David) |
| Filing 668 RESPONSE filed by Defendants Blair Hayes, WFO Imports LLC to Order to Show Cause (Korneffel, Peter) |
| Filing 667 RESPONSE filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc to Order to Show Cause (Schiffer, Eric) |
| Filing 666 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 665 RESPONSE filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.to Minutes of In Chambers Order/Directive - no proceeding held,,,, Set Deadlines/Hearings,,, #653 Order to Show Cause (Attachments: #1 Declaration of David A. Dillard In Support of Plaintiffs' Response to Order to Show Cause)(Dillard, David) |
| Filing 653 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE PLAINTIFFS PROPOSED JUDGMENTS; ORDER TO SHOW CAUSE RE INJUNCTIVE RELIEF. As to Plaintiff's requests for injunctive relief against WFO on the Patent Claims and against King Kong on the Trademark, Trade Dress and Unfair Competition Claims, the court sets an Order to Show Cause as to why these claims for injunctive relief should not be dismissed for failure to prosecute. Plaintiff's written response to this OSC shall be filed and served by 4:00 pm on 9/15/2008. Defendants' written responses shall be filed and served by 4:00 pm on 9/17/2008. A hearing on the OSC and on the proposed Judgments shall be held on 9/19/2008 at 8:30 AM. The previously requested and set trial on the Plaintiff's claim for injunctive relief against WFO on the Non-Patent Claims remains. (jp) |
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Filing 652
Order Regarding Status of Judgment filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Schiffer, Eric)
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| Filing 651 Stipulation Regarding Status of Judgment filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Attachments: #1 Proposed Order)(Schiffer, Eric) |
| Filing 650 OBJECTIONS TO PLAINTIFFS' FORMS OF JUDGMENT ON TRADEMARK, TRADE DRESS, AND UNFAIR COMPETITION CLAIMS filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 646 NOTICE OF LODGING filed of Alternative Forms of Trademark, Trade Dress, and Unfair Competition Claims Judgment re Jury Trial - Held and Continued, #643 , Jury Trial - Held and Continued, #631 , Jury Trial - Completed,, #644 , Jury Trial - Held and Continued, #630 , Jury Trial - Held and Continued, #633 , Jury Trial - Held and Continued, #632 (Attachments: #1 Integrated Judgment Form (takes exhibit), #2 Self-Contained Judgment Form (no exhibit), #3 Proposed Memorandum Opinion, #4 Exhibit Set (Exhibit A))(Dukarich, Gary) |
| Filing 645 OBJECTIONS to Supplement (non-motion) #642 , Notice of Lodging, #639 re Plaintiffs' Forms of Judgment on Patent Claims filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 642 SUPPLEMENT to Notice of Lodging, #639 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Updated Memorandum Opinion)(Dukarich, Gary) |
| Filing 639 NOTICE OF LODGING filed of Alternative Forms of Patent Claims Judgment; with RESPONSE TO COURT'S ORDER re Minutes of In Chambers Order/Directive - no proceeding held #637 (Attachments: #1 Attachment 1 -- Integrated Judgment Form (takes exhibits), #2 Attachment 2 -- Self-Contained Judgment Form (no exhibits), #3 Attachment 3 -- Proposed Memorandum Opinion, #4 Attachment 4 -- Exhibit Set (Exhibits A through E))(Dukarich, Gary) |
| Filing 638 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: Court Trial for Human Touch v. WFO Imports set for 9/19/2008 at 08:30 AM before Judge Valerie Baker Fairbank. (se) |
| Filing 694 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: WFO DEFENDANTS' MOTION IN LIMINE to Preclude Damages Evidence #603 . First, the WFO Defendants' Motion to preclude the damages testimony of Dr. Luna regarding lost profits, accounting based upon unjust enrichment, and reasonable royalty pursuant to Federal Rule of Evidence 702 is granted. This court also finds the Plaintiff is estopped from asserting that its damages were caused by something other than WFOs Patent Infringement. The court also sustains the Defendants objections to the newlydisclosed evidence regarding corrective advertising pursuant to Rule 37. The Plaintiff has failed to demonstrate the failure to disclose this evidence is harmless. Finally, to the extent the Plaintiff seeks to elicit evidence of damages from Mr. Hayes regarding other massage chair models, the court sustains the WFO Defendants' objections pursuant to Rule 37 and Rule 26(a). The court finds that the Plaintiff's Rule 26(a) disclosure on damages was not adequate, and the Plaintiff has not demonstrated that failure to disclose the evidence is harmless. (jp) |
| Filing 664 SPECIAL VERDICT FORM. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 663 Jury Notes # 1 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 648 LIST OF EXHIBITS AND WITNESSES at trial (Trademark phase). (kbr) |
| Filing 644 MINUTES OF Jury Trial - 17th (Trademark - Day 5) Day held and Completed by jury verdict/submitted to court before Judge Valerie Baker Fairbank: Closing arguments made by plaintiff and defendant. Court instructs jury. Bailiff(s) sworn. Jury Verdict in favor of plaintiff. Polling waived. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Court and counsel discuss exhibits, jury instructions, and verdict form. See Reporters notes. Court Reporter: Leandra Amber/Katie Thibodeaux. (jp) |
| Filing 637 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re Court order re Plaintiff's First Amended Proposed form of Patent Claims Judgment #612 : see document for deadlines and specific information. (se) |
| Filing 636 PROPOSED FINAL SPECIAL JURY VERDICT filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Final Special Verdict Form)(Dukarich, Gary) |
| Filing 635 PROPOSED JURY INSTRUCTIONS (Final Clean set) filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 643 MINUTES OF Jury Trial - 16th Day held before Judge Valerie Baker Fairbank. Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiffs and Defendants rest. Jury Trial set for 8/22/2008 at 8:30 AM before Judge Valerie Baker Fairbank. Court Reporter: Leandra Amber/ Katie Thibodeaux. (kbr) |
| Filing 634 PROPOSED SPECIAL JURY VERDICT filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Special Verdict Form)(Dukarich, Gary) |
| Filing 629 PROPOSED JURY INSTRUCTIONS filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Attachments: #1 Proof of Service)(Schiffer, Eric) |
| Filing 628 PROPOSED JURY INSTRUCTIONS (Clean set) filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 627 PROPOSED JURY INSTRUCTIONS (Joint Annotated set) filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 626 PROPOSED JURY VERDICT filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 625 PROPOSED JURY INSTRUCTIONS filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Schiffer, Eric) |
| Filing 624 Exhibit List Defendants KingKong USA, Inc., American Lighting Industry, Inc., and Bernard Koay's Requested Exhibits to Admit into Evidence filed by DEFENDANT American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Schiffer, Eric) |
| Filing 623 OBJECTIONS TO EXHIBIT filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 622 Exhibit List and Request for Admission into Evidence filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 633 MINUTES OF Jury Trial - 15th Day (Trademark - Day 4) held before Judge Valerie Baker Fairbank. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 8/21/2008 at 8:00 AM before Judge Valerie Baker Fairbank. Court Reporters: Leandra Amber/Victoria Valine. (kbr) |
| Filing 620 PROPOSED JURY INSTRUCTIONS (Disputed and Annoted set) filed by Defendants American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC, King Kong USA Inc.. (Byers, Stephen) |
| Filing 619 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendants American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC, King Kong USA Inc.. (Byers, Stephen) |
| Filing 617 TRIAL BRIEF Pocket Brief Regarding Allegations against Defendant American Lighting filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Schiffer, Eric) |
| Filing 616 TRIAL BRIEF re damages issues filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K... (Attachments: #1 Exhibit A)(Dukarich, Gary) |
| Filing 614 DECLARATION of Gary Dukarich re Trial Brief #613 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit A - Yeh Trial Testimony, #2 Exhibit B - Koay Deposition)(Dukarich, Gary) |
| Filing 613 TRIAL BRIEF re trademark, trade dress, and unfair competition claims against Defendant American Lighting Industry, Inc. filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 632 MINUTES OF Jury Trial - 14th Day held before Judge Valerie Baker Fairbank. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 8/20/2008 at 8:30 AM before Judge Valerie Baker Fairbank. Court Reporters: Leandra Amber/Cindy Nirenberg. (kbr) |
| Filing 612 NOTICE OF LODGING filed of first amended proposed form of patent claims and counterclaim JUDGMENT re Jury Trial - Held and Continued, #588 , Jury Trial - Begun, #540 , Jury Trial - Held and Continued, #587 , Jury Trial - Held and Continued #599 , Jury Trial - Held and Continued, #605 , Jury Trial - Held and Continued,, #608 , Notice of Lodging, #600 , Jury Trial - Held and Continued,, #610 , Jury Trial - Held and Continued, #609 (Attachments: #1 Proposed Judgment)(Dukarich, Gary) |
| Filing 611 JOINT (FINAL) INDEX OF OBJECTIONS TO Exhibit List for Trademark/Trade Dress Trial filed by plaintiffs/counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Attachments: #1 Objections Index)(Dukarich, Gary) |
| Filing 607 PROPOSED Plaintiffs' [Proposed] Special Verdict Form JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 606 JOINT (PRELIMINARY) INDEX OF OBJECTIONS TO Exhibit List for Trademark/Trade Dress Trial filed by plaintiffs/counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Attachments: #1 Preliminary Objections Index)(Dukarich, Gary) |
| Filing 604 DECLARATION of Richard B. Benenson in support of MOTION IN LIMINE to Preclude (1) Dr. Luna from Testifying as to Trademark, Unfair Competition, and False Advertising Damages, and (2) Plaintiff from Seeking Double Recovery of the Patent Damages in the Trademark Trial MOTION IN LIMINE to Preclude (1) Dr. Luna from Testifying as to Trademark, Unfair Competition, and False Advertising Damages, and (2) Plaintiff from Seeking Double Recovery of the Patent Damages in the Trademark Trial #603 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Korneffel, Peter) |
| Filing 603 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude (1) Dr. Luna from Testifying as to Trademark, Unfair Competition, and False Advertising Damages, and (2) Plaintiff from Seeking Double Recovery of the Patent Damages in the Trademark Trial filed by Defendants Blair Hayes, WFO Imports LLC.(Korneffel, Peter) |
| Filing 602 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Defendants. (Korneffel, Peter) |
| Filing 601 Plaintiffs' Trial Deposition Designations filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Dillard, David) |
| Filing 600 NOTICE OF LODGING filed of proposed Patent Claims Judgment form re Jury Trial - Held and Continued, #588 , Jury Trial - Begun, #540 , Jury Trial - Held and Continued, #587 , Jury Trial - Held and Continued #599 (Attachments: #1 Proposed Judgment)(Dukarich, Gary) |
| Filing 631 MINUTES OF Jury Trial - 13th Day held before Judge Valerie Baker Fairbank. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 8/19/2008 at 8:30 AM before Judge Valerie Baker Fairbank. Court Reporters: Katie Thibodeaux/Cindy Nirenberg. (kbr) |
| Filing 662 SPECIAL VERDICT FORM. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 661 Jury Notes # 5 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 660 Jury Notes # 4 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 659 Jury Notes # 3 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 658 Jury Notes # 2 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 647 LIST OF EXHIBITS AND WITNESSES at trial. (kbr) |
| Filing 630 MINUTES OF Jury Trial - 12th Day (Trademark - Day 1) held before Judge Valerie Baker Fairbank. Jury empanelled and sworn. Jury Trial set for 8/15/2008 at 8:30 AM before Judge Valerie Baker Fairbank.Court Reporters: Katie Thibodeaux/Cindy Nirenberg. (kbr) |
| Filing 598 Defendants WFO Imports, LLC and Blair Hayes' Designation of Deposition Testimony for Trial Regarding Steven Newman filed by Defendants Blair Hayes, WFO Imports LLC (Korneffel, Peter) |
| Filing 597 Defendants WFO Imports, LLC and Blair Hayes' Designation of Deposition Testimony for Trial Regarding Steven Schwartz filed by Defendants Blair Hayes, WFO Imports LLC (Korneffel, Peter) |
| Filing 596 [Proposed] Joint Statement of the Case filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Schiffer, Eric) |
| Filing 595 Witness List filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Schiffer, Eric) |
| Filing 594 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Schiffer, Eric) |
| Filing 593 Joint Trial Exhibit List - Trademark Trial Exhibit List filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 657 Jury Notes # 1 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 621 MINUTES OF Jury Trial - 11th (Phase III) Day Held and Continued before Judge Valerie Baker Fairbank: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Closing arguments made by plaintiff and defendant. Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Jury Verdict in favor of defendant is read and filed. Filed jury notes. Motion for Judgment/Directed Verdict by Defendant is DENIED. Case continued to 8/14/2008 at 8:30 AM. Court and counsel discuss exhibits. See Reporters notes. Court Reporter: Katie Thibodeaux/Cindy Nirenberg. (jp) |
| Filing 592 Supplemental Deposition Transcript Index for Shinichi Shimizu (Attachments: #1 Supplemental Designations and Objections Index)(Schiffer, Eric) |
| Filing 591 The KingKong Defendants' Designation of Deposition Testimony For Trial Regarding Shinichi Shimizu (Schiffer, Eric) |
| Filing 590 OBJECTIONS To Plaintiffs' Additional Trial Exhibits filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 939 Jury Note # 1 filed. (kbr) |
| Filing 656 SPECIAL VERDICT FORM. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 618 MINUTES OF Jury Trial - 10th (Phase II completed and Phase III begins) Day Held and Continued before Judge Valerie Baker Fairbank: Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Verdict in favor of defendant(s) is read and filed. Filed jury notes. Motion for mistrial by Defendant (Ph. II) is DENIED. Case continued to 8/13/2008 at 8:30 AM. Court and counsel discuss exhibits. See Reporters notes. Court Reporter: Katie Thibodeaux/Cindy Nirenberg. (jp) |
| Filing 586 PROPOSED Special Verdict Form JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 585 The KingKong Defendants' Designation of Deposition Testimony For Trial Regarding Steven Schwartz filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Schiffer, Eric) |
| Filing 584 The KingKong Defendants' Designation of Deposition Testimony for Trial Regarding Steven Newman filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Schiffer, Eric) |
| Filing 583 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. in Support of Plaintiffs' Objections to Exhibits 1555, 1556, 1557 and 1558 (Dillard, David) |
| Filing 582 OBJECTIONS OF DEFENDANT BERNARD KOAY TO PLAINTIFFS' REVISED MEMORANDUM OF CONTENTIONS REGARDING CAUSES OF ACTION filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 581 OBJECTIONS OF DEFENDANT AMERICAN LIGHTING INDUSTRY, INC. TO PLAINTIFFS' REVISED MEMORANDUM OF CONTENTIONS REGARDING CAUSES OF ACTION filed by Defendants Bernard Koay, King Kong USA Inc, Counter Claimant American Lighting Industry, Inc.. (Schiffer, Eric) |
| Filing 655 Jury Notes # 2 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 654 Jury Notes # 1 filed. (jp) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 615 MINUTES OF Jury Trial - 9th Day Held and Continued before Judge Valerie Baker Fairbank: Bailiff(s) sworn. Jury retires to deliberate. Filed jury notes. Case continued to 8/12/2008 AT 8:30 AM. Court trial on inequitable defenses continues. Court and counsel confer re exhibits and witnesses. See reporters notes. Court Reporter: Katie Thibodeaux/Cindy Nirenberg. (jp) |
| Filing 579 TRIAL BRIEF Plaintiffs' Trial Brief Regarding Inequitable Conduct filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 578 PROPOSED JURY INSTRUCTIONS (DISPUTED Jury Instructions for Phase III of the Patent Issues set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 577 PROPOSED JURY INSTRUCTIONS (Joint Proposed Jury Instructions for Phase III of the Patent Issues set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 576 PROPOSED JURY INSTRUCTIONS (Disputed Jury Instructions for Phase III of the Patent Issues set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 575 PROPOSED JURY INSTRUCTIONS (Instructions for Phase III of the Patent Issues set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 640 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: Rule 50 Motion re Wilfulness granted in part and denied in part. (se) |
| Filing 610 MINUTES OF Jury Trial - 8th Day Held and Continued before Judge Valerie Baker Fairbank: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Closing arguments made by plaintiff and defendant. Filed jury notes. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Case continued to 8/8/2008 at 8:15 AM. Defendant moves for judgment as a matter of law as to active inducement, which is denied by court. Court grants Defendants judgment as a matter of law as to wilfulness. See reporters notes. Court Reporter: Katie Thibodeaux/Cindy Nirenberg. (jp) |
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Filing 580
ORDER RE CPOURT TRIAL ON EQUITABLE ISSUES by Judge Valerie Baker Fairbank: Court advises counsel to be prepared to continue with the court trial on equitable issues on 8/8/08 while the jury is deliberating. (se)
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| Filing 574 PROPOSED JURY INSTRUCTIONS (Joint Proposed Jury Instructions for Phase Two of the Patent Issues set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 573 PROPOSED Special Verdict Form JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 569 TRIAL BRIEF on Inequitable Conduct filed by Defendants Blair Hayes, WFO Imports LLC.. (Korneffel, Peter) |
| Filing 568 PROPOSED Special Verdict Form JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 567 PROPOSED JURY INSTRUCTIONS (Joint Proposed Jury Instructions for Phase Two of the Patent Issues set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 609 MINUTES OF Jury Trial - 7th Day Held and Continued before Judge Valerie Baker Fairbank. Opening statements made by Plaintiffs and Defendants (as to Phase II of the Trial). Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 8/7/2008 at 8:30 AM. Court Trial on Inequitable Defense begins. Court and counsel confer regarding exhibits and witnesses. See reporters notes. Court Reporter: Katie Thibodeaux/Cindy Nirenberg. (jp) |
| Filing 564 MEMORANDUM of Points and Authorities in Support filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. Regarding Plaintiffs' Objections to Exhibits 1058 and 1415 (Dukarich, Gary) |
| Filing 563 PROPOSED JURY INSTRUCTIONS (Phase III Disputed (with Objections) set) filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 562 PROPOSED JURY INSTRUCTIONS (Phase III General Clean set) filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 561 PROPOSED JURY INSTRUCTIONS (Joint Phase III General Executed set) filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 560 PROPOSED JURY INSTRUCTIONS (Phase III Preliminary Disputed (with Objections) set) filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 559 PROPOSED JURY INSTRUCTIONS (Phase III Joint Preliminary - Clean set) filed by Plaintiffs/Counterclaimant Interactive Health LLC, Daito Denki Kogyu K.K... (Dukarich, Gary) |
| Filing 940 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (jp) |
| Filing 938 Jury Note # 3 filed. (kbr) |
| Filing 649 SPECIAL VERDICT FORM. ***NOT FOR PUBLIC VIEW***. (kbr) (Not for Public View pursuant to the E-Government Act of 2002) (dd). Modified on 6/9/2015 (dd). |
| Filing 641 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re: Defendants' Rule 50 Motion Re Obviousness of Claims 8 and 9 of the '940 Patent. (se) |
| Filing 608 MINUTES OF Jury Trial - 6th Day held and continued before Judge Valerie Baker Fairbank: Jury Verdict in favor of Plaintiff(s). Jury Resumes deliberation. Polling waived. Filed jury notes. Motion for Judgment/Directed Verdict by Defendant WFO is SUBMITTED. Settlement reached and placed on the record. (Settlement between Plaintiffs and King Kong Defendants only) Settlement. Case continued to 8/6/2008 at 8:30 AM. Defendants WFO requests Courts decision of obviousness defense as matter of law. Court takes it under submission. See reporters notes. Court Reporter: Katie Thibodeaux. (jp) |
| Filing 572 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: RULING ON A SUBMITTED MATTER: OBVIOUSNESS OF CLAIMS 1, 4, 5 AND 6. The court finds that the Defendants have failed to carry their burden to establishClaims 1, 4, 5 and 6 are invalid as obvious under 35 USC 103. First, the court notes that the jury's verdict implies the jury resolved some factual findings in favor of the Plaintiffs. However, as set forth below, even if this court were not to consider this, the Defendants have failed to carry their burden (see document for further details). (jp) |
| Filing 566 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: Court reminds counsel to file joint jury instructions and proposed verdict form prior to trial. Trial Setting Conference re non-patent claims advanced to 8/8/2008 at 08:30 AM before Judge Valerie Baker Fairbank. (se) |
| Filing 565 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: From 11:30 am to 2:30 pm on Wednesday, August 6, 2008, the court will proceed withthe trial on equitable defenses. Counsel should be prepared to proceed on those issues promptly after the jury is excused. The WFO Defendants shall file and serve by 12:00 pm Thursday, August 7, a five page trial brief on its equitable defenses. This brief should cite to specific evidence and identify the specific authority this court should look to in deciding the equitable defenses. The Plaintiffs shall file and serve a responsive brief by 12:00 pm Friday, August 8. (se) |
| Filing 558 PROPOSED SPECIAL JURY VERDICT filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 557 Plaintiffs' Amended Designation of Deposition Testimony for Phase II of the Patent Trial filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. re: Miscellaneous Document #555 (Dillard, David) |
| Filing 556 Witness List filed by All Parties for Phase 3 King Kong USA Inc, Interactive Health LLC, Daito Denki Kogyu K.K., American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 937 Jury Note # 2 filed. (kbr) |
| Filing 936 Jury Notes # 1 filed. (kbr) |
| Filing 605 MINUTES OF Jury Trial - 5th Day held and continued before Judge Valerie Baker Fairbank: Bailiff(s) sworn. Jury retires to deliberate. Court instructs jury. Case continued to 8/5/2008 at 8:30 AM. Court and counsel confer re exhibits and witnesses. See reporter's notes. Court Reporter: Katie Thibodeaux. (jp) |
| Filing 555 Plaintiffs' Designation of Deposition Testimony for Phase II of the Patent Trial filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Dillard, David) |
| Filing 554 Phase 2 Exhibit List for the Defendants filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 553 Witness List filed by All Parties King Kong USA Inc, Interactive Health LLC, Daito Denki Kogyu K.K., American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 546 Plaintiffs' Objections to Defendants' Identified Trial Exhibits for Phase II Exhibit List filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 545 PROPOSED JURY INSTRUCTIONS (Clean (conforming to admitted evidence) set) filed by All Parties King Kong USA Inc, Interactive Health LLC, Daito Denki Kogyu K.K., American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 544 PROPOSED SPECIAL (old 8/01/08 version) JURY VERDICT filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC. (Leavitt, Jenna) |
| Filing 543 PROPOSED JURY INSTRUCTIONS (Clean set) filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Blair Hayes, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 599 MINUTES OF Jury Trial - 4th Day held before Judge Valerie Baker Fairbank. Witnesses called, sworn and testified. Jury Trial set for 8/4/2008 at 9:00 AM before Judge Valerie Baker Fairbank.Court Reporters: Katie Thibodeaux/Cindy Nirenberg. (kbr) |
| Filing 542 PROPOSED Plaintiffs Proposed Special JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 541 PROPOSED Revised Proposed Special JURY VERDICT filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 539 PROPOSED JURY INSTRUCTIONS filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.. (Byers, Stephen) |
| Filing 588 MINUTES OF Jury Trial - THIRD Day held before Judge Valerie Baker Fairbank. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 8/1/2008 08:15 AM before Judge Valerie Baker Fairbank. Court Reporters: Kathie Thibodeaux/Cindy Nirenberg. (kbr) |
| Filing 589 MINUTES OF IN CHAMBERS RULING ON SUBMITTED MATTER; PLAINTIFFS' RULE 50 MOTION before Judge Valerie Baker Fairbank: The Court GRANTED the Plaintiffs' Rule 50 Motion with respect to anticipation of Claim 8 of the '940 Patent. The court took the Motion UNDER SUBMISSION as to anticipation of Claims 5 and 6. The Motion in all other respects was DENIED (see document for further details). (jp) |
| Filing 587 MINUTES OF Jury Trial - Day 2 held before Judge Valerie Baker Fairbank. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 7/31/2008 at 08:20 AM before Judge Valerie Baker Fairbank. Court Reporters: Katie Thibodeaux/Cindy Nirenberg. (kbr) |
| Filing 538 PROPOSED JURY INSTRUCTIONS (Clean set) filed by All Parties King Kong USA Inc, Interactive Health LLC, Daito Denki Kogyu K.K., American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 537 NOTICE OF LODGING filed re Objections - non-motion, #471 (Attachments: #1 Exhibit 1 Enclosure Letter, #2 Exhibit 2 Subpoena, #3 Exhibit 3 Waiver of Service)(Korneffel, Peter) |
| Filing 540 MINUTES OF Jury Trial - 1st Day held and Continued before Judge Valerie Baker Fairbank Jury empanelled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued 7/30/2008 at 8:15 AM. Court and counsel confer re exhibits and witnesses. See reporter's notes. Court Reporter: Katie Thibodeaux. (jp) |
| Filing 534 PROPOSED SPECIAL JURY VERDICT filed by DEFENDANTS King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay. (Leavitt, Jenna) |
| Filing 533 FIRST AMENDED INDEX of designations and objections for the deposition transcript of Shinichi Shimizu filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Attachments: #1 Index List)(Dukarich, Gary) |
| Filing 532 INDEX of designations and objections for the deposition transcript of Steven Schwartz (Attachments: #1 Index List)(Dukarich, Gary) |
| Filing 531 INDEX of designations and objections for deposition transcript of Steven Newman filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Attachments: #1 Index List)(Dukarich, Gary) |
| Filing 571 MINUTES OF Pretrial Conference held before Judge Valerie Baker Fairbank: The court refers to its previous orders regarding proposed jury instructions with objections, and briefs on standing (see document for further details). The court further advises the parties to lodge a revised statement of the case recognizing the phasing of the trial. The court finds that as the Defendants bear the burden in the first phase, they shall proceed first. The court and counsel confer regarding the witnesses that shall be called. The court finds it will advise the jury the claims have been construed, and further that, if appropriate, counsel may request the court instruct the jury on the meaning of a particular term. The court hears argument on the WFO Defendants objection to the deposition testimony of Mr. Shimizu. The court takes the matter under submission. On Plaintiff's MOTION IN LIMINE (#1) #380 the court finds its tentative to deny the Motion without prejudice is the order of the court. The court advises the Defendants, however, that a proper foundation will have to be laid outside of presence of the jury before Mr. Prepelka will be allowed to testify; The court finds its tentatives to Plaintiffs MOTION IN LIMINE (#3) #382 and KKUI Defendants MOTION IN LIMINE (#14) #352 is the order of the court. The court clarifies its ruling to the KKUI Defendants MOTION IN LIMINE #16 #352 . Counsel are toinstruct their witnesses not to use the words "knock off." However, there is no duty to redact exhibits which may use that term. The court hears argument on Plaintiffs MOTION IN LIMINE (#2) #381 . The court takes the matter under submission. The court hears argument on Defendants Motion to Designate Two Additional Witnesses After the Discovery Cutoff. The court finds the court's tentative is the order of the court. As for all remaining motions in limine, the court finds its tentative will be the order of the court. (jp) |
| Filing 549 SEALED DOCUMENT - CONFIDENTIAL DECLARATION OF RICHARD H. ZAITLEN IN SUPPORT OF THE KINGKONG DEFENDANT' TRIAL BRIEF REGARDING STANDING. (cbr) (Main Document 549 replaced on 9/21/2015) (eb). |
| Filing 548 SEALED DOCUMENT - THE KINGKONG DEFENDANTS' CONFIDENTIAL TRIAL BRIEF REGARDING STANDING. (cbr) (Main Document 548 replaced on 9/21/2015) (eb). |
| Filing 547 APPLICATION AND ORDER TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL (cbr) |
| Filing 535 PROOF OF SERVICE of Application and Proposed Order to Filed Confidential Documents Under Seal; The Kingkong Defendants Confidential Trial Brief regarding Standing; and Confidential Declaration of Richard H. Zaitlen in support of the Kingkong Defendants Trial Brief regarding Standing served on 7/28/2008 filed by defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (jp) |
| Filing 530 AMENDED DOCUMENT filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K., Defendants American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC, King Kong USA Inc. Amendment to Witness List #527 Joint Witness List For Phase One (Trial 1) of the Patent Issues (Leavitt, Jenna) |
| Filing 529 PROPOSED JURY INSTRUCTIONS (Clean set) filed by All Parties Joint Proposed Jury Instructions For Phase One (Trial 1) of the Patent Issues King Kong USA Inc, Interactive Health LLC, Daito Denki Kogyu K.K., American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 528 STATEMENT of the Case filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K., Defendants American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC, King Kong USA Inc Proposed Joint Statement of the Case (Leavitt, Jenna) |
| Filing 527 Witness List filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay.. (Leavitt, Jenna) |
| Filing 526 PROPOSED JURY INSTRUCTIONS (Clean set) filed by All Parties Jointly Proposed Preliminary Jury Instructions King Kong USA Inc, Interactive Health LLC, Daito Denki Kogyu K.K., American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC.. (Leavitt, Jenna) |
| Filing 525 AMENDED JOINT Exhibit List for Patent Trial filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K... (Attachments: #1 Exhibit List)(Dukarich, Gary) |
| Filing 524 NOTICE OF LODGING filed re Trial Brief #505 (Attachments: #1 Proposed Order Permitting The KingKong Defendants to Bring Supplies and Equipment to Courthouse for Trial)(Leavitt, Jenna) |
| Filing 523 INDEX of designations and objections for transcript of deposition of Shinichi Shimizu filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. re: Notice of Lodging #522 (Attachments: #1 Designations and Objections Index)(Dukarich, Gary) |
| Filing 522 NOTICE OF LODGING filed Condensed Transcript of Shinichi Shimizu re Order,,, #521 (Dillard, David) |
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Filing 521
ORDER by Judge Valerie Baker Fairbank that counsel for Plaintiffs may bring to the Courthouse such supplies and equipment as are necessary or advisable for presentation of Plaintiffs case, such materials and exhibits to include without limitation: Massage chairs; Massage chair mechanisms; Tools and power supplies; Boxes containing notebooks, documents, and office supplies; Library carts for binder storage; Easels and other display devices; Any other miscellaneous trial preparation or presentation items Court personnel, including security personnel and personnel on the Courthouse loading dock, are directed to permit Plaintiffs counsel to bring such supplies and equipment into the Courthouse, and to assist Plaintiffs counsel as appropriate in their efforts to transfer such supplies and equipment. (jp)
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| Filing 520 PROPOSED Plaintiffs' CORRECTED Revised [Proposed] Special JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 519 TRIAL BRIEF Regarding Patent Standing filed by Defendants Blair Hayes, WFO Imports LLC.. (Korneffel, Peter) |
| Filing 518 PROPOSED Plaintiffs' Revised [Proposed] SPECIAL JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 517 NOTICE of Manual Filing filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Declaration of Richard H. Zaitlen in Support of KingKong Defendants' Trial Brief Regarding Standing. (Leavitt, Jenna) |
| Filing 516 NOTICE of Manual Filing filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Trial Brief Regarding Standing. (Leavitt, Jenna) |
| Filing 510 NOTICE OF LODGING filed of Proposed Order Permitting Plaintiffs' Counsel to Bring Supplies and Equipment to Courthouse for Trial re Trial Brief #504 (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 509 BRIEF filed by plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. re: STANDING, filed per court's order (Dukarich, Gary) |
| Filing 570 MINUTES OF Pretrial Conference held before Judge Valerie Baker Fairbank: Case called, and counsel make their appearance. As stated more fully on the record: The court and counsel review the schedule for trial (see document for further details). The Court finds the trial should be severed, and that the Patent Claims shall be heard first. The court hears further argument on the phasing of the Patent Trial. The court takes the matter of phasing under submission. The court also orders the Parties by Monday, July 28 to meet and confer regarding jury instructions and verdict forms. For those jury instructions on which the parties disagree, the parties must, along with the disputed instructions, set forth grounds for the dispute and the pertinent authorities the court should consider. Out of an abundance of caution, the court requests additional briefing re: the standing of Plaintiff Human Touch. The briefing must be filed and served by Monday, July 28, 2008 at noon. The court refers to its Tentative Orders re: the parties motions in limine and the Defendants'Motion to Appoint Additional Experts After the Discovery Cutoff. The court revises its tentative re: Plaintiffs Motion in Limine #1, and tentatively finds that the dispute regarding Mr. Prepelka's qualifications goes to the weight of the testimony, not the admissibility. Court Reporter: Katie Thibodeaux. (jp) |
| Filing 536 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE: PHASING OF TRIAL ON PATENT ISSUES. The Court orders the following: As stated at the hearing, the court finds the Patent Claims shall be severed from the remaining claims, and that the Patent Claims shall be tried first. The court further finds the Patent jury trial shall be trifurcated. The issue of invalidity shall be tried first. While the jury is deliberating, the equitable issues shall be tried before the court. The jury trial shall then proceed to the issues of infringement and willfulness, followed by a damages phase. (jp) |
| Filing 515 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: TENTATIVE RULINGS ON DEFENDANTS WFO IMPORTS AND BLAIR HAYES MOTION IN LIMINE to Exclude Any reference to WFO's 2030 Chair by Plaintiff's Damages Expert or by Any Other Representative of Plaintiffs #365 is DENIED without prejudice, except tot he extent the evidence should be excluded per FRE 407; MOTION IN LIMINE to Exclude Emails About "Clone" Massage Chairs #366 is GRANTED without prejudice; MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion #371 is DENIED without prejudice (see document for further details). (jp) |
| Filing 514 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: TENTATIVE RULINGS ON PLAINTIFFS MOTIONS IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka #380 , MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery #381 , MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) #382 (see document for further details). (jp) |
| Filing 513 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: TENTATIVE RULINGS ON DEFENDANTS KING KONG USA, AMERICAN LIGHTING INDUSTRY INC. AND BERNARD KOAY MOTIONS IN LIMINE Nos. 10, 17 and 19 DEFERRING RULING ON KKUI DEFENDANTS MOTION IN LIMINE 11 #352 . All of the rulings set forth below are without prejudice to the parties' right to re-raise the issue or to make evidentiary objections at trial; KKUI Motion In Limine #10. The court defers ruling except as follows: the court precludes the mention of and testimony regarding Plaintiffs' market share until a proper foundation is laid outside of the jury's presence. KKUI Motion in Limine #11. The Court defers ruling on this motion at this time; KKUI Motion in Limine #17. DENIED without prejudice, i.e., to the parties right to raise the issue again viaa Rule 50 Motion; KKUI Motion in Limine #19. DENIES without prejudice (see document for further details). (jp) |
| Filing 512 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: TENTATIVE RULINGS ON DEFENDANTS KING KONG USA, AMERICAN LIGHTING INDUSTRY INC. AND BERNARD KOAY MOTIONS IN LIMINE #352 . All of the rulings set forth below are without prejudice to the parties right to re-raise the issue or to make evidentiary objections at trial. As indicated below, the court found most of the Motionsin Limine to be improper. The Motions were often not directed toward specific evidence. Some of the Motions constituted belated Motions for Partial Summary Judgment, and asked this court to resolve disputed factual issues. Finally, certain Motions were overly broad or vague. KKUI Motions in Limine 10, 11, 17, and 19 are not included below: KKUI Motions in Limine Nos 1, 2 and 3 are DENIED without prejudice; KKUI Motion in Limine #4 DENIED without prejudice as to Mr. Hamm, most as to Mr. Womack; KKUI Motions in Limine Nos 5, 6 and 7 are DENIED without prejudice; KKUI Motion in Limine #8 DENIED without prejudice, except to the extent the Plaintiffs proffer conclusory statements re: copying; KKUI Motions in Limine Nos 9 and 12 are DENIED without prejudice. KKUI Motion In Limine #13. The court denies the request for blanket exclusion, and grants the motion and excludes evidence of Defendants' personal wealth except during the damages phase of the trial pertaining to unfair competition; KKUI Motion In Limine #14 Denied without prejudice, as the Defendants have failed to carry their burden to establish they are entitled to a finding on this issue as a matter of law; KKUI Motion In Limine #15 Denied without prejudice; KKUI Motion In Limine #16 GRANTED with respect to the term "knock off," and denied without prejudice with respect to the terms "copy" or "imitation."; KKUI Motion In Limine 18 GRANTED to the extent the evidence is offered to prove culpability, including willfulness; otherwise, denied without prejudice (see document for further details). (jp) |
| Filing 511 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: TENTATIVE RULING RE: KING KONG DEFENDANTS MOTION to Designate Scott Ganaja and Dr. Sandra Cogan as Additional Expert Witnesses #367 and permitting those expert witnesses to testify during the trial in this action. The court's tentative ruling is to deny the Motion. First, the Defendants have failed to carry their burden to demonstrate good cause to modify this court's scheduling order. Second, the Defendants have not adequately briefed or supported their assertion this court may use its inherent authority to circumvent the requirements of Rule 16(b). Finally, the court finds that even if it could use its inherent authority, there are insufficient grounds to do so (see document for further details). (jp) |
| Filing 508 MINUTES OF IN CHAMBERS COURT ORDER CONTINUING FINAL PRETRIAL CONFERENCE before Judge Valerie Baker Fairbank: In order to permit the court more time to review the parties pretrial filings, the court, on its own motion, continues the Final Pretrial Conference and hearing on all remaining motions from 7/24/2008 to set for 7/25/2008 at 9:30 AM (see document for further details). The court also advises the parties it is open for Trial, and intends to commence trial in thismatter as scheduled on Tuesday, July 29 at 8:30 AM. (jp) |
| Filing 507 AMENDED DOCUMENT filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Amendment to Trial Brief #505 Table of Authorities attached (Leavitt, Jenna) |
| Filing 506 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER DENYING MOTION for Sanctions against Plaintiffs Human Touch, LLC et, al #350 . Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The court denies the Motion in its entirety. This court need not reach the issue of whether the Defendants violated their discovery obligations, as even if they did, the Defendants have provided insufficient support for the requested sanctions. Most importantly, the Defendants have failed to demonstrate any appreciable level of prejudice arising from the Plaintiffs purported discovery violations (see document for further details). (jp) |
| Filing 505 TRIAL BRIEF filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay.. (Leavitt, Jenna) |
| Filing 504 TRIAL BRIEF Plaintiffs' Trial Brief filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 503 TRIAL BRIEF filed by Defendants Blair Hayes, WFO Imports LLC.. (Korneffel, Peter) |
| Filing 498 DISCLOSURE of Plaintiffs' Graphic or Illustrative Materials for Trial, and Notice of Disclosure filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Attachments: #1 Illustrative Exhibits and Trial Graphics)(Dukarich, Gary) |
| Filing 496 JOINDER filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc joining in Objections - non-motion, #471 . (Leavitt, Jenna) |
| Filing 1045 SEALED DOCUMENT-CONFIDENTIAL REPLY DECLARATION of COLIN T. KEMP IN SUPPORT of the KING KONG Defendants' Motion In Limine filed by Defendants American Lighting Industry, Inc., King Kong USA Inc, Bernard Koay. *LATE DOCKETING DUE TO CLERK'S OFFICE ERROR* (yl) |
| Filing 552 SEALED DOCUMENT - EXHIBIT 2 TO THE DECLARATION OF RICHARD B. BENENSON IN SUPPORT OF DEFENDANTS' OBJECTIONS TO PLAINTIFFS' DEPOSITION DESIGNATION OF MR. SHINICHI SHIMIZU. (cbr) (Main Document 552 replaced on 9/21/2015) (eb). |
| Filing 551 SEALED DOCUMENT - EXHIBIT 1 TO THE DECLARATION OF RICHARD B. BENENSON IN SUPPORT OF DEFENDANTS' OBJECTIONS TO PLAINTIFF DEPOSITION DESIGNATIONS OF MR. SHINICHI SHIMIZU. (cbr) Modified on 8/4/2008 (cbr). (Main Document 551 replaced on 9/21/2015) (eb). |
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Filing 550
APPLICATION AND ORDER by Judge Valerie Baker Fairbank To File Under Seal Pursuant to L.R. 79-5.1 and IV.C of the December 12, 2006 Protective Order Exhibits 1 and 2. (cbr)
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| Filing 502 SEALED DOCUMENT - REPLY IN SUPPORT OF MOTION IN LIMINE No 19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 502 replaced on 9/17/2015) (kyc). |
| Filing 501 SEALED DOCUMENT - REPLY IN SUPPORT OF MOTION IN LIMINE NO. 17 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants Bernard Koay, King Kong USA Inc. (lra) (Main Document 501 replaced on 9/17/2015) (kyc). |
| Filing 500 SEALED DOCUMENT - REPLY MOTION IN LIMINE No. 11 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed(lra) (Main Document 500 replaced on 9/17/2015) (kyc). |
| Filing 499 SEALED DOCUMENT - REPLY IN SUPPORT OF MOTION IN LIMINE No. 10 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 499 replaced on 9/17/2015) (kyc). |
| Filing 497 APPLICATION AND ORDER to File Confidential Documents Under Seal filed (lra) |
| Filing 495 DISCLOSURE of GRAPHIC AND ILLUSTRATIVE MATERIALS TO BE USED AT TRIAL filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Attachments: #1 Trial Graphic 1, #2 Trial Graphic 2, #3 Trial Graphic 3, #4 Trial Graphic 4, #5 Trial Graphic 5, #6 Trial Graphic 6, #7 Trial Graphic 7, #8 Trial Graphic 8, #9 Trial Graphic 9, #10 Trial Graphic 10, #11 Trial Graphic 11, #12 Trial Graphic 12, #13 Trial Graphic 13, #14 Trial Graphic 14, #15 Trial Graphic 15, #16 Trial Graphic 16, #17 Trial Graphic 17, #18 Trial Graphic 18, #19 Trial Graphic 19, #20 Trial Graphic 20, #21 Trial Graphic 21, #22 Trial Graphic 22, #23 Trial Graphic 23, #24 Trial Graphic 24)(Leavitt, Jenna) |
| Filing 494 NOTICE OF ERRATA filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. correcting Notice of Manual Filing (G-92) #361 Re Exhibits E and F to Confidential Declaration of Colin T. Kemp Filed June 30, 2008 in Support of the KingKong Defendants Motions in Limine (Leavitt, Jenna) |
| Filing 492 REPLY in support of MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) #382 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 491 REPLY in support of MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery #381 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 490 REPLY in support of MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka #380 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 489 PROPOSED JURY INSTRUCTIONS (Annotated - Joint Proposed set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 488 STATEMENT Plaintiffs' Counter-Designations of Deposition Testimony filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Dillard, David) |
| Filing 487 Witness List filed by Plaintiff - Joint Witness List Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 486 PROPOSED JURY INSTRUCTIONS (Annotated - Disputed Post Trial set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 485 Proposed Voir Dire Questions filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay.. (Leavitt, Jenna) |
| Filing 484 MEMORANDUM of CONTENTIONS of FACT and LAW (Plaintiffs' Revised set) filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 483 OBJECTIONS to Defendants' Identified Trial Exhibits filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 482 Proposed Voir Dire Questions filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 481 PROPOSED JURY INSTRUCTIONS filed by Defendants American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC, King Kong USA Inc.. (Byers, Stephen) |
| Filing 480 PROPOSED Plaintiffs Proposed Special JURY VERDICT filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 479 STATEMENT Proposed Joint Statement of the Case filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Dillard, David) |
| Filing 478 Final Pre-Trial Conference Order filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (Dillard, David) |
| Filing 477 PROPOSED SPECIAL JURY VERDICT filed by defendant King Kong USA Inc, American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC. (Leavitt, Jenna) |
| Filing 476 THE KINGKONG DEFENDANTS' OBJECTIONS TO PLAINTIFFS' TRIAL EXHIBITS Exhibit List filed by DEFENDANT King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay.. (Leavitt, Jenna) |
| Filing 475 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Exhibits 1 and 2 to Declaration of Richard B. Benenson Submitted in Support of Defendants' Objections to Plaintiffs' Deposition Designations of Mr. Shinichi Shimizu. (Korneffel, Peter) |
| Filing 474 Proposed Voir Dire Questions filed by Defendants Blair Hayes, WFO Imports LLC.. (Attachments: #1 Defendants WFO Imports, LLC and Blair Hayes' Proposed Voir Dire Questions)(Korneffel, Peter) |
| Filing 473 OBJECTIONS to Exhibit List #383 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Exhibit 1 to Defendants WFO Imports, LLC and Blair Hayes' Objections to Plaintiffs' Trial Exhibits)(Korneffel, Peter) |
| Filing 472 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Reply Declaration of Colin Kemp iso the KingKong Defendants Replies iso Motions in Limine. (Byers, Stephen) |
| Filing 471 OBJECTIONS to Witness List #379 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Declaration of Richard B. Benenson Submitted in Support of Defendants' Objections to Plaintiffs' Deposition Designations of Mr. Shinichi Shimizu, #2 Exhibit 1 to Declaration of Richard B. Benenson, #3 Exhibit 2 to Declaration of Richard B. Benenson)(Korneffel, Peter) |
| Filing 470 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Reply in Support of Motion in Limine No. 19. (Byers, Stephen) |
| Filing 469 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Reply in Support of Motion in Limine No. 17. (Byers, Stephen) |
| Filing 468 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Reply in Support of Motion in Limine No. 11. (Byers, Stephen) |
| Filing 467 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Reply in Support of Motion in Limine No. 10. (Byers, Stephen) |
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Filing 493
STIPULATED REQUEST to Continue Time to File/Lodge Final Pretrial Conference Order and Other Documents to July 17, 2008: IT IS SO ORDERED by Judge Valerie Baker Fairbank that the time to file/lodge the below-listed documents be continued pursuant to this Court's Case management Order and for other good cause from 7/14/2008 to 7/17/2008. The parties further agree that by the parties by no later than noon on 7/15/2008, to give the parties time to review and discuss the joint documents (see document for further details). (jp)
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Filing 466
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Paul L. Abrams. The Court has reviewed the additional confidential settlement conference statements submitted by the parties and Nautilus Insurance Company on 7/15/08. Based on the contents fo those statements, the Court does not believe that a further settlement conference with this Court would be meaningful at this time. (ch)
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| Filing 465 REPLY in support of MOTION for Sanctions against Plaintiffs Human Touch, LLC et, al. #350 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 464 REPLY in support of KingKong Defendants' Motion in Limine No. 15 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 460 REPLY in support of the KingKong Defendants' Motion in Limine No. 16 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 459 REPLY in support of the KingKong Defendants' Motion in Limine No. 14 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Koay Decl. iso the King Kong Defendants' Replies re Motions in Limine)(Byers, Stephen) |
| Filing 451 REPLY in support of the KingKong Defendants' Motion in Limine No. 12 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 450 REPLY in support of the KingKong Defendants' Motion in Limine No. 13 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 463 SEALED DOCUMENT - CONFIDENTIAL DECLARATION of COLIN T. KEMP IN SUPPORT OF MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 463 replaced on 9/21/2015) (eb). |
| Filing 462 SEALED DOCUMENT - DECLARATION of ERIC M. SCHIFFER IN SUPPORT MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 462 replaced on 9/21/2015) (eb). |
| Filing 461 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION IN LIMINE No 19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 461 replaced on 9/21/2015) (eb). |
| Filing 458 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION IN LIMINE No 17 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 458 replaced on 9/21/2015) (eb). |
| Filing 457 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION IN LIMINE Nos. 16 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 457 replaced on 9/21/2015) (eb). |
| Filing 456 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION IN LIMINE No 11 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 456 replaced on 9/21/2015) (eb). |
| Filing 455 SEALED DOCUMENT- CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORIES in Support of MOTION IN LIMINE No 10 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 455 replaced on 9/21/2015) (eb). |
| Filing 454 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORITES in Support of MOTION IN LIMINE No. 9 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 454 replaced on 9/21/2015) (eb). |
| Filing 453 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTHORITES in Support of MOTION IN LIMINE No 8 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 453 replaced on 9/21/2015) (eb). |
| Filing 452 SEALED DOCUMENT - CONFIDENTIAL MEMORANDUM OF POINTS AND AUTORITIES in Support of MOTION IN LIMINE Nos. 7 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed (lra) (Main Document 452 replaced on 9/21/2015) (eb). |
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Filing 449
APPLICATION AND ORDER to File Confindential documents Under Seal, Granted by Judge Valerie Baker Fairbank, (lra)
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| Filing 448 REPLY in support of the KingKong Defendants' Motion in Limine No. 18 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 447 REPLY in support of MOTION to Appoint Expert Witnesses After the Expect Discovery Cutoff #367 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 446 REPLY in support of the KingKong Defendants' Motion in Limine No. 9 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 445 REPLY in support of the KingKong Defendants' Motion in Limine No. 8 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 444 REPLY in support of the KingKong Defendants' Motion in Limine No. 7 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 443 REPLY in support of the KingKong Defendants' Motion in Limine No. 6 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 442 REPLY in support of the KingKong Defendants' Motion in Limine No. 5 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 441 REPLY in support of the KingKong Defendants' Motion in Limine No. 4 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration of C. Greinke, #2 Exhibits to Declaration of C. Greinke)(Byers, Stephen) |
| Filing 440 REPLY in support of the KingKong Defendants' Motion in Limine No. 3 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 439 REPLY in support of the KingKong Defendants' Motion in Limine Nos. 1 and 2 of their MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 438 STIPULATION to Continue Time to File/Lodge Final PreTrial Conference Order and Other Documents from 7/14/08 to 7/17/08 filed by Defendants and Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay.(Leavitt, Jenna) |
| Filing 437 REPLY in support of MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion with Memorandum of Points and Authorities #371 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 436 REPLY in support of MOTION IN LIMINE to Exclude Emails About "Clone" Massage Chairs with Memorandum of Points and Authorities #366 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 435 REPLY in support MOTION IN LIMINE to Exclude Any reference to WFO's 2030 Chair by Plaintiff's Damages Expert or by Any Other Representative of Plaintiffs with Memorandum of Points and Authorities #365 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 430 MINUTES OF Settlement Conference held before Magistrate Judge Paul L. Abrams. Settlement conference held. No settlement was reached. NO LATER THAN THE CLOSE OF BUSINESS ON 7/15/08, each party shall submit to chambers a report on the status of further settlement discussions that the Court anticipates will occur betweent 7/10/08, and 7/15/08. The report shall not exceed two (2) pages in length.Court Smart: CS 7/10/08. (ch) |
| Filing 429 Witness List filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay.. (Leavitt, Jenna) |
| Filing 434 SEALED DOCUMENT - DECLARATION of DAVID DILLARD In Support Of Plaintiff's Opposition to Defendants' Motions in Limine filed (lra) (Main Document 434 replaced on 9/17/2015) (kyc). |
| Filing 433 SEALED DOCUMENT - MEMORANDUM Of Points and Authorities in Opposition to Defendant's Motion In LImine No. 11 filed (lra) Modified on 7/14/2008 (lra). (Main Document 433 replaced on 9/17/2015) (kyc). |
| Filing 432 SEALED DOCUMENT - MEMORANDUM Of Points and Authorities in Opposition to Defendant's Motion In LImine No. 10 filed (lra) (Main Document 432 replaced on 9/17/2015) (kyc). |
| Filing 431 SEALED DOCUMENT - APPLICATION AND ORDER to File Confidentail Documents Under Seal filed (lra) (Main Document 431 replaced on 9/17/2015) (kyc). |
| Filing 428 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: The court, on its own motion, continues the Final Pretrial Conference and hearing on all Motions from 7/21/2008 to 7/24/2008 at 1:30 PM. (jp) |
| Filing 426 NOTICE OF RELATION OF PLAINTIFFS' OPPOSITION (DKT. #420) TO TWO OF DEFENDANTS' MOTIONS IN LIMINE (ERRATA) re MOTION IN LIMINE to Exclude Any reference to WFO's 2030 Chair by Plaintiff's Damages Expert or by Any Other Representative of Plaintiffs with Memorandum of Points and Authorities #365 , MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 422 DECLARATION of David A. Dillard in opposition to MOTION to Appoint Expert Witnesses After the Expect Discovery Cutoff #367 , MOTION IN LIMINE to Exclude Any reference to WFO's 2030 Chair by Plaintiff's Damages Expert or by Any Other Representative of Plaintiffs with Memorandum of Points and Authorities #365 , MOTION for Sanctions against Plaintiffs Human Touch, LLC et, al. #350 , MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion with Memorandum of Points and Authorities #371 , MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 , MOTION IN LIMINE to Exclude Emails About "Clone" Massage Chairs with Memorandum of Points and Authorities #366 and in support of Counter Defendant/Plaintiffs' Oppositions thereto, filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A - H, #2 Exhibits I - N)(Dukarich, Gary) |
| Filing 421 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re KKUI Defendants' Motion in Limine No. 19 to Exclude the Testimony of Dr. Barbara C. Luna Regarding Reasonable Royalty Damages for Patent Infringement filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 420 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 18 Re Fed. R. Evid. 407 Exclusion of Subsequent Remedial Measures and to the WFO Defendants' Motion in Limine to Exclude Reference to WFO's 2030 Chair filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 419 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 17 to Exclude Any Reference or Request Damages Based on Convoyed Sales filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 418 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 16 to Preclude Plaintiffs From Referring to KKUI Defendants' Products as "Knock Offs" or the Like filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 417 MEMORANDUM in Opposition to MOTION for Sanctions against Plaintiffs Human Touch, LLC et, al. #350 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 416 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 15 to Exclude Evidence That KKUI Defendants' Patent Infringement Was Willful filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 415 MEMORANDUM in Opposition to MOTION IN LIMINE to Exclude Emails About "Clone" Massage Chairs with Memorandum of Points and Authorities #366 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 414 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 14 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 413 MEMORANDUM in Opposition to MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion with Memorandum of Points and Authorities #371 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 412 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 13 Re Exclusion of Defendants' Net Worth and Imposition of Punitive Damages filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 411 PLAINTIFFS' OPPOSITION TO KKUI DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF KKUI'S MOTIONS IN LIMINE (Dkt. #363) re MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 410 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re KKUI Defendants' Motion in Limine No. 12 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 409 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re KKUI Defendants' Motion in Limine No. 9 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 408 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re KKUI Defendants' Motion in Limine No. 8 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 407 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re KKUI Defendants' Motion in Limine No. 7 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 406 MEMORANDUM in Opposition to MOTION to Appoint Expert Witnesses After the Expect Discovery Cutoff #367 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 405 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re KKUI Defendants' Motion in Limine No. 6 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 404 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 5 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 403 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 Re Defendants' Motion in Limine No. 4 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 402 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 re Defendants Motion In Limine No. 3 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 401 MEMORANDUM in Opposition to MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 re KKUI Defendants Motions in Limine Nos. 1 and 2 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 400 DECLARATION of Colin Kemp in support of the KingKong Defendants' Oppositions to MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka #380 , MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery #381 , MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) #382 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Exhibits A-C, #2 Exhibt D, part 1, #3 Exhibit D, part 2, #4 Exhibit D, part 3, #5 Exhibit D, part 4, #6 Exhibits E-G, #7 Exhibit H, #8 Exhibits I-J, #9 Exhibit K, #10 Exhibit L)(Byers, Stephen) |
| Filing 399 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery #381 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 398 MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) #382 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 397 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka #380 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 396 OPPOSITION to MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) #382 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 395 OPPOSITION to MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery #381 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Declaration of Richard B. Benenson, #2 Exhibit 1 to Declaration of Richard B. Benenson)(Korneffel, Peter) |
| Filing 394 Notice of Manual Filing of Confidential Declaration of David A. Dillard In Support of Plaintiffs' Oppositions to Motions In Limine filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. Notice of Manual Filing of Documents attachments (1) and (2) herewith re: Notice of Manual Filing (G-92) #393 (Attachments: #1 Opposition to Defendant MIL No. 10, #2 Opposition to Defendant MIL No. 11)(Dillard, David) |
| Filing 393 NOTICE of Manual Filing filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. of Application & Proposed Order to File Documents Under Seal. (Dillard, David) |
| Filing 427 SEALED DOCUMENT - EXHIBIT 6 To The Declaration of Peter B. Benenson filed (lra) (Main Document 427 replaced on 9/17/2015) (kyc). |
| Filing 425 SEALED DOCUMENT - EXHIBIT 4 TO THE DECLARATION OF RICHARD B. BENENSON Filed filed (lra) (Main Document 425 replaced on 9/17/2015) (kyc). |
| Filing 424 SEALED DOCUMENT - APPLICATION AND Order for TO FILE UNDER SEAL EXHIBITS 4 AND 6 OF PETER J. KORNEFFEL filed (lra) Modified on 7/8/2008 (lra). (Main Document 424 replaced on 9/17/2015) (kyc). |
| Filing 423 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of EXHIBITS 4 AND 6 TO DECLARATION OF PETER J. KORNEFFEL. (lra) |
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Filing 392
STIPULATION AND ORDER by Judge Valerie Baker Fairbank GRANTING Stipulation for Extension of Time to File Objections to Trial Exhibits #349 to 7/14/08. (se)
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| Filing 389 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank DENYING EX PARTE APPLICATION to Shorten Time for Hearing #364 . (se) |
| Filing 388 REPLY In Support of EX PARTE APPLICATION to Shorten Time for Hearing #364 The King Kong Defendants' Motion to Designate Two Additional Expert Witnesses After the Expert Discovery Cut-Off filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Schiffer, Eric) |
| Filing 391 DECLARATION of ERIC M. SCHIFER in support of MOTION to Designate Two Additional Expert Witnesses After the Expect Discovery Cutoff #367 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Part 2). (jp) |
| Filing 387 OPPOSITION to EX PARTE APPLICATION to Shorten Time for Hearing #364 AND REQUEST TO SUMMARILY DENY UNDERLYING MOTION, filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 386 NOTICE OF ERRATA filed by Defendants Blair Hayes, WFO Imports LLC. correcting MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion with Memorandum of Points and Authorities #371 (Attachments: #1 Proposed Order CORRECTED RE: WFO Imports, LLC and Blair Hayes Motion in Limine)(Korneffel, Peter) |
| Filing 385 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Application and Proposed Order to File Under Seal. (Afrasiabi, Peter) |
| Filing 390 PROOF OF SERVICE filed by defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, served on 6/30/08. (se) |
| Filing 384 DECLARATION of Gary Dukarich in support of MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka #380 , MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery #381 , MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) #382 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibits A - G, #2 Exhibits H - I, #3 Exhibits J - O)(Dukarich, Gary) |
| Filing 383 Joint Trial Exhibit List filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 382 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Certain Irrelevant, Confusing, and Prejudicial Evidence (Fed. R. Evid. 401 - 403) filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank.(Dukarich, Gary) |
| Filing 381 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Evidence Not Disclosed in Discovery filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank.(Dukarich, Gary) |
| Filing 380 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Testimony of Nathan Prepelka filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank.(Dukarich, Gary) |
| Filing 379 Witness List filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K... (Dillard, David) |
| Filing 378 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 377 JOINDER in MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 , specifically Motions in Limine Nos. 10, 11, and 19 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 376 JOINDER in MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 , specifically joining in Motions in Limine Nos. 1, 4 and 12 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 375 Witness List filed by Defendants Blair Hayes, WFO Imports LLC.. (Attachments: #1 Exhibit 1 to Witness List)(Korneffel, Peter) |
| Filing 374 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 373 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Exhibits 4 and 6 to the Declaration of Peter J. Korneffel Submitted In Support of WFO and Blair Hayes' Motions in Limine. (Korneffel, Peter) |
| Filing 372 DECLARATION of Peter J. Korneffel In Support of Defendants WFO Imports, LLC and Blair Hayes' Motions in Limine MOTION IN LIMINE to Exclude Any reference to WFO's 2030 Chair by Plaintiff's Damages Expert or by Any Other Representative of Plaintiffs with Memorandum of Points and Authorities #365 , MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion with Memorandum of Points and Authorities #371 , MOTION IN LIMINE to Exclude Emails About "Clone" Massage Chairs with Memorandum of Points and Authorities #366 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Exhibit 1 to Declaration of Peter Korneffel, #2 Exhibit 2 to Declaration of Peter Korneffel, #3 Exhibit 3 to Declaration of Peter Korneffel, #4 Exhibit 4 to Declaration of Peter Korneffel, #5 Exhibit 5 to Declaration of Peter Korneffel, #6 Exhibit 6 to Declaration of Peter Korneffel, #7 Exhibit 7 to Declaration of Peter Korneffel, #8 Exhibit 8 to Declaration of Peter Korneffel, #9 Exhibit 9 to Declaration of Peter Korneffel)(Korneffel, Peter) |
| Filing 371 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Hearsay and Inadmissable Lay Opinion Testimony of Actual Confusion or Likelihood of Confusion with Memorandum of Points and Authorities filed by defendants Blair Hayes, WFO Imports LLC. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order)(Korneffel, Peter) |
| Filing 370 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 369 Witness List filed by Defendants American Lighting Industry, Inc., HealthFirst LLC, King Kong USA Inc.. (Byers, Stephen) |
| Filing 368 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Declaration of Eric M. Schiffer in Support of Motion to Designate Two Additional Expert Witnesses After the Expert Discovery Cutoff. (Schiffer, Eric) |
| Filing 367 NOTICE OF MOTION AND MOTION to Appoint Expert Witnesses After the Expect Discovery Cutoff filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Motion set for hearing on 7/21/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Designate Two Additiaonal Expert Witnesses After the Expert Discovery Cutoff, #2 Proposed Order [Proposed] Order Granting the King Kong Defendants' motion to Designate Two Additioanl Expert Witnesses After the Expert Discovery Cutoff)(Schiffer, Eric) |
| Filing 366 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Emails About "Clone" Massage Chairs with Memorandum of Points and Authorities filed by defendants Blair Hayes, WFO Imports LLC. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order)(Korneffel, Peter) |
| Filing 365 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Any reference to WFO's 2030 Chair by Plaintiff's Damages Expert or by Any Other Representative of Plaintiffs with Memorandum of Points and Authorities filed by defendant Blair Hayes, WFO Imports LLC. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order, #2 Declaration of Blair Hayes, #3 Exhibit A to Declaration of Blair Hayes)(Korneffel, Peter) |
| Filing 364 EX PARTE APPLICATION to Shorten Time for Hearing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application, #2 Declaration Declaration of Chris D. Greinke in Support of Ex Parte Application, #3 Proposed Order [Proposed} Order Granting The King Kong Defendants' Ex Parte Application)(Schiffer, Eric) |
| Filing 363 REQUEST FOR JUDICIAL NOTICE re MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony #352 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Byers, Stephen) |
| Filing 362 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Confidential Declaration of E. Schiffer in support of the KingKong Defendants' Motions in Limine. (Byers, Stephen) |
| Filing 361 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Delcaration of C. Kemp in support of the KingKong Defendants' Motions in Limine. (Byers, Stephen) |
| Filing 360 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 19. (Byers, Stephen) |
| Filing 359 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 17. (Byers, Stephen) |
| Filing 358 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 16. (Byers, Stephen) |
| Filing 357 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 11. (Byers, Stephen) |
| Filing 356 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 10. (Byers, Stephen) |
| Filing 355 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 9. (Byers, Stephen) |
| Filing 354 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in support of Motion in Limine No. 8. (Byers, Stephen) |
| Filing 353 NOTICE of Manual Filing filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc of Memorandum of Points and Authorities in Support of Motion in Limine No. 7. (Byers, Stephen) |
| Filing 352 NOTICE OF MOTION AND MOTION IN LIMINE Nos. 1-19 to Exclude Plaintiffs' Evidence and Witnesses' Testimony filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order, #2 Memorandum of P&A iso MiL 1, #3 Memorandum of P&A iso MiL 2, #4 Memorandum of P&A iso MiL 3, #5 Memorandum of P&A iso MiL 4, #6 Memorandum of P&A iso MiL 5, #7 Memorandum of P&A iso MiL 6, #8 Memorandum of P&A iso MiL 12, #9 Memorandum of P&A iso MiL 13, #10 Memorandum of P&A iso MiL 14, #11 Memorandum of P&A iso MiL 15, #12 Memorandum of P&A iso MiL 18, #13 Declaration of Eric Schiffer)(Byers, Stephen) |
| Filing 351 MEMORANDUM in Support of MOTION for Sanctions against Plaintiffs Human Touch, LLC et, al. #350 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration of Richard Zaitlen, #2 Exhibit A to Zaitlen Decl., #3 Exhibit B to Zaitlen Decl., #4 Exhibit C to Zaitlen Decl., #5 Exhibit D to Zaitlen Decl., #6 Exhibit E to Zaitlen Decl., #7 Exhibit F to Zaitlen Decl., #8 Exhibit G to Zaitlen Decl., #9 Exhibit H to Zaitlen Decl., #10 Exhibit I to Zaitlen Decl., #11 Exhibit J to Zaitlen Decl., #12 Exhibit K to Zaitlen Decl., #13 Exhibit L to Zaitlen Decl., #14 Exhibit M to Zaitlen Decl.)(Byers, Stephen) |
| Filing 350 NOTICE OF MOTION AND MOTION for Sanctions against Plaintiffs Human Touch, LLC et, al. filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Motion set for hearing on 7/21/2008 at 02:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order)(Byers, Stephen) |
| Filing 349 STIPULATION for Extension of Time to File Objections to Trial Exhibits filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dillard, David) |
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Filing 348
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Paul L. Abrams. A Settlement Conference will be held on 7/10/08, at 8:30 a.m. NO LATER THAN 7/7/08, EACH PARTY SHALL SUBMIT A CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT DIRECTLY TO THE CHAMBERS OF MAGISTRATE JUDGE ABRAMS. [See Order for details.] (ch)
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| Filing 347 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER DIRECTING PARTIES TO PARTICIPATE IN A MEDIATION OR SETTLEMENT CONFERENCE. The court orders that counsel and the parties, or those authorized to settle on behalf of the parties, take part in a mediation or settlement conference by 7/20/2008. The parties are free to retain their own private neutral at their own cost. Counsel should meet and confer within the next week to select the proper forum for the mediation or settlement conference. (jp) |
| Filing 346 NOTICE NOTICE OF CORRESPONDENCE TO COURTROOM DEPUTY CLERK PURSUANT TO JUNE 13, 2008 COURT ORDER filed by Defendant King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay. (Attachments: #1 Exhibit A - Correspondence to Courtroom Deputy Clerk)(Leavitt, Jenna) |
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Filing 345
ORDER by Judge Valerie Baker Fairbank GRANTING Joint Stipulation to Continue #343 , the local Rule 16-2 meeting of counsel be continued to 6/23/2008; that preliminary disclosures required by Local Rule 16-2 be exchanged on or before 6/18/2008; and that Defendant WFO's lead counsel Mr. Peter Kornfeld be permitted to attend the Rule 16-2 meeting of counsel on 6/23/2008 by telephone. (jp)
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| Filing 344 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re COURT ORDER DENYING DEFENDANT KING KONG USA, INC.S MOTION FOR STAY PENDING REEXAMINATION OF THE PATENTINSUIT; OR IN THE ALTERNATIVE, MOTION TO CONTINUE TRIAL, FINAL PRETRIAL CONFERENCE AND ALL IMPOSED CUTOFF DATES FOR A PERIOD OF NOT LESS THAN THIRTY DAYS. (kbr) |
| Filing 343 STIPULATION to Continue Local Rule 16-2 Meeting of Counsel from June 11, 2008 to June 23, 2008 filed by Plaintiff Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dillard, David) |
| Filing 342 RESPONSE IN SUPPORT Defendant KingKong USA, Inc.'s Motion for Stay Pending Reexamination of the Patent-In-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of not Less Than Thirty (30) Days filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 341 REPLY in Support of Defendant KingKong USA, Inc.'s Motion for Stay Pending Reexamination of the Patent-In-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of not Less Than Thirty (30) Days filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration of Jenna F. Leavitt in Support of Defendant KingKong USA, Inc.'s Reply in Support of Motion for Stay; or, in the Alternative, Motion to Continue Trial, #2 Exhibit A to Declaration of Jenna F. Leavitt, #3 Exhibit B to Declaration of Jenna F. Leavitt, #4 Declaration of Duncan Palmatier in Support of Defendant KingKong USA, Inc.'s Reply in Support of Motion for Stay; or, in the Alternative, Motion to Continue Trial)(Leavitt, Jenna) |
| Filing 340 REPLY in Support of Defendant KingKong USA, Inc.'s Motion for Stay Pending Reexamination of the Patent-In-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of not Less Than Thirty (30) Days filed by Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Leavitt, Jenna) |
| Filing 339 MEMORANDUM in Opposition to KKUI Motion to Stay filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration)(Dillard, David) |
| Filing 338 PLAINTIFFS' OPPOSITION TO KKUI DEFENDANTS re EX PARTE APPLICATION to Shorten Time for Hearing to 6/2/08 for Motion for Stay Pending Reexamination of the Patent-in-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of N #333 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration David A. Dillard ISO Opposition to KKUI Defendant Motion to Stay)(Dillard, David) |
| Filing 337 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re: EX PARTE APPLICATION to Shorten Time for Hearing to 6/2/08 #333 . Motion for Stay Pending Reexamination of the Patent-in-Suit set for hearing on 6/16/2008 at 01:30 PM before Judge Valerie Baker Fairbank. The Plaintiffs Opposition shall be filed and served by June 2, 2008. The Defendants Reply, if any, shall be filed and served by June 9, 2008. (kbr) |
| Filing 336 PLAINTIFFS' OPPOSITION TO EX PARTE APPLICATION FOR ORDER SHORTENING TIME re EX PARTE APPLICATION to Shorten Time for Hearing to 6/2/08 for Motion for Stay Pending Reexamination of the Patent-in-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of N #333 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration)(Dillard, David) |
| Filing 335 NOTICE of Change of Attorney Information King Kong USA Inc. (Kemp, Colin) |
| Filing 334 NOTICE OF LODGING filed for Motion for Stay Pending Reexamination of Patent-in-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of Not Less Than Thirty (30) Days (Attachments: #1 Motion for Stay Pending Reexamination of Patent-in-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of Not Less Than Thirty (30) Days#2 Declaration of Richard H. Zaitlen#3 Exhibit A to Declaration of Richard H. Zaitlen#4 Exhibit B to Declaration of Richard H. Zaitlen#5 Exhibit C to Declaration of Richard H. Zaitlen#6 Exhibit D to Declaration of Richard H. Zaitlen#7 Exhibit E to Declaration of Richard H. Zaitlen#8 Declaration of Bernard Koay#9 Proposed Order Granting Motion for Stay)(Leavitt, Jenna) |
| Filing 333 EX PARTE APPLICATION to Shorten Time for Hearing to 6/2/08 for Motion for Stay Pending Reexamination of the Patent-in-Suit; or, in the Alternative, Motion to Continue Trial, Final Pre-Trial Conference and all Imposed Cut-Off Dates for a Period of Not Less Than Thirty (30) Days filed by Defendants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay. (Attachments: #1 Proposed Order Order Shortening Time for Filing and to Hear Motion for Stay#2 Declaration Declaration of Jenna F. Leavitt in Support of Ex Parte Application)(Leavitt, Jenna) |
| Filing 332 NOTICE of Change of Attorney Information for attorney Jenna F Leavitt counsel for Counter Claimants King Kong USA Inc, American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc, Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. Adding Jenna F. Leavitt as attorney as counsel of record for King Kong USA, Inc., American Lighting Industry, Inc. and Bernard Koay for the reason indicated in the G-06 Notice. Filed by Defendants and Counterclaimants King Kong USA, Inc. (Leavitt, Jenna) |
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Filing 331
ORDER by Judge Valerie Baker Fairbank Granting First MOTION to Substitute attorneys Samuel A. Wyman, Eric M Schiffer, Chris D Greinke, Richard H Zaitlen, and Stephen D Byers in place of attorneys Christine YangDuncan Palmatier #327 . (jp)
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Filing 330
ORDER by Judge Valerie Baker Fairbank GRANTING Defendant, Bernard Koay's MOTION to Substitute attorney Samuel A. Wyman et al. in place and stead of the Law Offices of S.J. Christine Yang. (kbr)
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Filing 329
ORDER by Judge Valerie Baker Fairbank Granting Defendant and Counterclaimant, King Kong USA Inc.'s Request for Substitution of Attorney #328 . Substituting attorneys Samuel Arnold Wyman, Eric M Schiffer, Chris D Greinke, Richard H Zaitlen, and Stephen D Byers in place and stead of attorney Christine Yang. (kbr)
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| Filing 328 NOTICE OF MOTION AND First MOTION to Substitute Defendant's Attorney for Defendant's Attorney Samuel A. Wyman, et al. filed by Defendant King Kong USA Inc. (Attachments: #1 Proposed Order On Request for Approval of Substitution of Attorney)(Lamhofer, Eric) |
| Filing 327 NOTICE OF MOTION AND First MOTION to Substitute attorney Samuel A. Wyman, et al. in place of attorney Duncan Palmatier, et al. Motion filed by Defendant American Lighting Industry, Inc.. (Attachments: #1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Lamhofer, Eric) |
| Filing 326 NOTICE OF MOTION AND First MOTION to Substitute attorney Samuel A. Wyman et al. in place of attorney Duncan Palmatier et al. Request filed by Defendants Bernard Koay. (Lamhofer, Eric) |
| Filing 325 DECLARATION of Hans Dehli Response to Order re: Defendants' Motion to Compel Production Relating to Expert MOTION to Compel Production of Documents, Testimony and Expert Report relating to Hans Dehli's Expert Opinions #311 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
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Filing 324
ORDER by Judge Paul L. Abrams RE: DEFENDANTS' MOTION TO COMPEL PRODUCTION RELATING TO EXPERT #311 . The hearing scheduled for 4/15/08, is ORDERED OFF CALENDAR. Defendants' Motion to Compel is GRANTED IN PART and DENIED IN PART. [See Order for details.] (ch)
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| Filing 323 NOTICE OF LODGING filed of previously filed declaration of Gary Dukarich (Docket No. 260) re joint stipulation on Defendants WFO Imports, LLC's and Blair Hayes's refiled motion to compel production (Docket No. 311) (Attachments: #1 Declaration of Gary Dukarich, previously filed (Docket No. 260))(Dukarich, Gary) |
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Filing 322
ORDER TO FILE UNDER SEAL, PURSUANT TO L.R. 79-5.1 AND IV.C OF THE DECEMBER 12, 2006 PROTECTIVE ORDER (Docket No. 28), EXHIBIT 12 TO DECLARATION OF BLAIR HAYES AND EXHIBITS 1, 3 AND 4 TO DECLARATION OF RICHARD BENENSON SUBMITTEDIN SUPPORT OF DEFENDANTS WFOIMPORTS, LLC MOTION FOR PARTIAL SUMMARY ADJUDICATION ON PLAINTIFFS' PATENT CLAIMS AGAINST MR. HAYES by Judge Valerie Baker Fairbank that Exhibits 3 to Declaration of Richard B. Benenson submitted in Support of Defendants WFO Import, LLC and Blair Hayes' Reply Brief shall be filed under seal. (jp)
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| Filing 321 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER DENYING DEFENDANTS WFO AND BLAIR HAYES MOTION for Leave to file Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims Against Mr. Hayes #292 . (jp) |
| Filing 320 SUPPLEMENT to MOTION to Compel Production of Documents, Testimony and Expert Report relating to Hans Dehli's Expert Opinions #311 : L.R. 37-2.3 Supplmental Memorandum of Law filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 319 REPLY In Support of WFO Imports, LLC and Blair Hayes' Motion for Summary Adjudication on Plaintiffs' Patent Claims Against Mr. Hayes filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Statement of Genuine Issues of Material Fact#2 Declaration of Richard B. Benenson#3 Exhibit 1 to the Declaration of Richard B. Benenson#4 Exhibit 2 to the Declaration of Richard B. Benenson#5 Exhibit 3 to the Declaration of Richard B. Benenson#6 Exhibit 4 to the Declaration of Richard B. Benenson#7 Consolidated Proof of Service)(Korneffel, Peter) |
| Filing 318 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Exhibit 3 to the Declaration of Richard Benenson. (Korneffel, Peter) |
| Filing 317 NOTICE OF LODGING filed of Proposed Memorandum of Decision Denying Defendants WFO Imports, LLC's and Blair Hayes's Motion for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 316 NOTICE of Errata re Plaintiffs' Opposition to Defendants' Motion for Summary Adjudication filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 315 DECLARATION of Stacy-Ann Goodwin re Response in Opposition to Motion, #312 (CORRECTED, SIGNED), filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 314 DECLARATION of Stacy-Ann Goodwin re Response in Opposition to Motion, #312 (Supplemental), filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 313 STATEMENT of Genuine Issues in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes (CORRECTED) filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. re: Response in Opposition to Motion, #312 . (Dukarich, Gary) |
| Filing 312 OPPOSITION to Defendants WFO Imports, LLC's and Blair Hayes's Motion for Summary Adjudication of Plaintiffs' Patent claims against Mr. Hayes (CORRECTED) filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 311 NOTICE OF MOTION AND MOTION to Compel Production of Documents, Testimony and Expert Report relating to Hans Dehli's Expert Opinions filed by Defendants Blair Hayes, WFO Imports LLC.Motion set for hearing on 4/15/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Joint Stipulation on Defendants' Motion to Compel#2 Exhibit 1 to Joint Stipulation#3 Exhibit 2 to Joint Stipulation#4 Exhibit 3 to Joint Stipulation)(Korneffel, Peter) |
| Filing 310 PROOF OF SERVICE filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K., re Declaration (non-motion), Declaration (non-motion) #308 , Statement, #307 , Response in Opposition to Motion #305 , Declaration (non-motion), Declaration (non-motion) #309 served on March 25, 2008 at 12:30 a.m.. (Dukarich, Gary) |
| Filing 309 DECLARATION of David A. Dillard re Response in Opposition to Motion #305 for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Dukarich, Gary) |
| Filing 308 DECLARATION of Stacy-Ann Goodwin re Response in Opposition to Motion #305 for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 307 STATEMENT of Genuine Issues in Support of Plaintiffs' Opposition to WFO's Motion for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (CORRECTED) re: Response in Opposition to Motion #305 . (Dukarich, Gary) |
| Filing 306 STATEMENT of Genuine Issues in Support of Plaintiffs' Opposition to WFO's Motion for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. re: Response in Opposition to Motion #305 . (Dukarich, Gary) |
| Filing 305 OPPOSITION to WFO's Motion for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 304 Statement of Uncontroverted Facts and Conclusions of Law and Additional Supplemental Documents in support of WFO Imports, LLC and Blair Hayes' Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims against Mr. Hayes, as previously lodged and deemed filed in accordance with the Court's March 10, 2008 Order re MOTION for Leave to file Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims Against Mr. Hayes, and, Motion to Compel relating to Plaintiffs' Expert Hans Dehli #292 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Declaration of Blair Hayes in support of Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims against Mr. Hayes#2 Exhibit 1 - Declaration of Blair Hayes#3 Exhibit 2 - Declaration of Blair Hayes#4 Exhibit 3 - Declaration of Blair Hayes#5 Exhibit 4 - Declaration of Blair Hayes#6 Exhibit 5 - Declaration of Blair Hayes#7 Exhibit 6 - Declaration of Blair Hayes#8 Exhibit 7 - Declaration of Blair Hayes#9 Exhibit 8 - Declaration of Blair Hayes#10 Exhibit 9 - Declaration of Blair Hayes#11 Exhibit 10 - Declaration of Blair Hayes#12 Exhibit 11 - Declaration of Blair Hayes#13 Exhibit 12 - Declaration of Blair Hayes#14 Declaration of Richard B. Benenson in support of Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims against Mr. Hayes#15 Exhibit 1 - Declaration of Richard Benenson#16 Exhibit 2 - Declaration of Richard Benenson#17 Exhibit 3 - Declaration of Richard Benenson#18 Exhibit 4 - Declaration of Richard Benenson#19 Exhibit 5 - Declaration of Richard Benenson#20 Notice of Manual Filing of Exhibits to Declaration of Blair Hayes and Richard Benenson#21 Proposed Order #22 Consolidated Proof of Service)(Korneffel, Peter) |
| Filing 303 MINUTES OF DEFENDANTS WFO IMPORTS, LLC AND BLAIR HAYES MOTION TOAMEND THE SCHEDULING ORDER [fld 2/18/08]; and Status Conferenceheld before Judge Valerie Baker Fairbank : Case called, and counsel make their appearance. As stated more fully on the record: The court gives its tentative ruling to grant Defendants Motion and permit the Defendant to file both the Motion for Partial Summary Judgment of Plaintiffs Patent Claims against Mr. Hayes and the Motion to Compel. The court hears oral argument and takes the matter under submission. Court Reporter: Gary George. (yl) |
| Filing 302 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE: DEFENDANTS WFO IMPORTS, LLC AND BLAIR HAYES MOTION to Amend The Scheduling Order #292 remains on calendar for March 10, 2008 at 2:00 pm. No other motions shall be argued at this hearing. The court will also set final pretrial conference and trial dates at the hearing. (jp) |
| Filing 301 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE: PLAINTIFFS MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 (filed 1/7/08); PLAINTIFFS MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report #227 (filed 1/7/08); DEFENDANTS MOTION for Partial Summary Judgment that US Patent 6,629,940 Invalid #212 (filed 1/7/8). After review and consideration of all papers, the court finds that this matter is appropriate for decision without oral argument. FRCP 78; L.R. 7-15. The Plaintiffs move the Court for Partial Summary Judgment that Claims 1-15 of U.S.Patent 6,629,940 ("940 Patent") are valid and enforceable. The court DENIES the Motion to Strike as moot. The court also DENIES the parties Cross-Motions for Partial Summary Judgment regarding validity (see document for further details). (jp) |
| Filing 300 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE PLAINTIFFS MOTION for Partial Summary Judgment of Trade Dress Infringement by Defendants KingKong USA Inc and American Lighting Industry, Inc #222 ; DEFENDANTS KING KONG USA, INC., AMERICAN LIGHTING INDUSTRY, INC AND BERNARD KOAY'S MOTION for Partial Summary Judgment That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 , the court finds that this matter is appropriate for decision without oral argument FRCP 78; L.R. 7-15. Defendants KKUI, ALI and Bernard Koay (Defendants) have filed a CROSS-MOTION for Partial Summary Judgment pursuant to FRCP 56(d) that Plaintiffs trade dress is invalid and has not been infringed by the Defendants. Both motions overlap to a significant degree, and are therefore considered together. Both motions are DENIED. There remain numerous questions of material fact (see document for further details). (jp) |
| Filing 299 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE: DEFENDANTS KING KONG USA, INC., AMERICAN LIGHTING, INC AND BERNARD KOAY'S MOTION for Partial Summary Judgment that Plaintiff Human Touch, LLC Asserted Trademarks Were Not Infringed #226 . After reading the Defendants Motion, the Plaintiffs Opposition and the Defendants Reply, the Court finds that this matter is appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. The court DENIES the Motion. (jp) |
| Filing 298 NOTICE OF PLAINTIFFS' PRESENTATION AND DISPLAY TO THE COURT OF PRODUCTS AND PRODUCT MECHANISMS AT MARCH 10, 2008 HEARING ON MOTIONS filed by plaintiffs/counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 297 NOTICE OF LODGING filed MANUALLY of Deposition Transcripts Regarding Motions to Be Heard on March 10, 2008 (Dukarich, Gary) |
| Filing 296 DEPOSITION TRANSCRIPT INDEXES REGARDING MOTIONS TO BE HEARD ON MARCH 10, 2008 re MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION fo #227 , MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 , MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 , MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 , on behalf of all parties, filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 295 REPLY in support of MOTION for Leave to file Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims Against Mr. Hayes, and, Motion to Compel relating to Plaintiffs' Expert Hans Dehli #292 filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
| Filing 294 OPPOSITION to MOTION for Leave to file Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims Against Mr. Hayes, and, Motion to Compel relating to Plaintiffs' Expert Hans Dehli #292 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Gary Dukarich and exhibit thereto)(Dukarich, Gary) |
| Filing 293 NOTICE OF LODGING filed Lodging Motions Subject to WFO Imports, Inc. and Blair Hayes' Motion to Amend the Scheduling Order Or, Alternatively, for Leave to File Beyond the Current Motions Deadline (Attachments: #1 Notice of Motion and Motion for Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes#2 Memorandum and Points of Authorities in Support of Motion for Partial Summary Adjudication of Plaintiffs' Patent Claims Against Mr. Hayes#3 Notice of Motion and Motion to Compel Production of Documents, Testimony and Expert Report Relating to Hans Dehli's Expert Opinions#4 Joint Stipulation on Defendants' Motion to Compel Production of Documents, Testimony and Expert Report relating to Hans Dehli's Expert Opinions)(Korneffel, Peter) |
| Filing 292 NOTICE OF MOTION AND MOTION for Leave to file Motion for Partial Summary Adjudication on Plaintiffs' Patent Claims Against Mr. Hayes, and, Motion to Compel relating to Plaintiffs' Expert Hans Dehli filed by Defendants Blair Hayes, WFO Imports LLC.Motion set for hearing on 3/10/2008 at 02:00 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum in Support of Motion to Amend the Scheduling Order Or, Alternatively, for Leave to File Beyond the Current Motions Deadline#2 Declaration of Richard B. Benenson in Support of Motion to Amend the Scheduling Order Or, Alternatively, for Leave to File Beyond the Current Motions Deadline#3 Proposed Order Granting Motion to Amend the Scheduling Order Or, Alternatively, for Leave to File Beyond the Current Motions Deadline)(Korneffel, Peter) |
| Filing 291 NOTICE OF FIRM NAME CHANGE filed by Defendants Blair Hayes, WFO Imports LLC. (Korneffel, Peter) |
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Filing 287
ORDER by Judge Paul L. Abrams, re MOTION to Compel Production of Documents and Testimony Relating to Hans Dehli's Expert Opinions #266 Defenndant's Motion is denied without prejudice. (jm)
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| Filing 286 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER CONTINUING HEARING DATE FOR PENDING MOTIONS FOR PARTIAL SUMMARY JUDGMENT #221 , #222 , #226 AND VACATING PRETRIAL CONFERENCE AND TRIAL DATES. Due to the number of motions and the issues presented the Court, on its own motion,continues the hearings on the above motions from January 28, 2008 to March 10, 2008 at 2:00 pm. In addition, the Court, on its own motion, vacates the February 15, 2008 Pretrial Conference and March 3, 2008 Trial Date. New Trial and Pretrial Conference Dates will be set at the March 10 hearing. (jp) |
| Filing 285 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: ORDER RE DEFENDANTS WFO IMPORTS, LLC AND BLAIR HAYES MOTION for Summary Adjudication as to ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 . Pursuant to Rule 78 of the FRCP and LR 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 1/28/2008 at 1:30 p.m. is hereby vacated and the matter taken off-calendar. Defendant WFO and Defendant Hayes move the Court for Partial Summary Judgment on Plaintiffs claims for Willful Patent and Trademark Infringement and False Advertising. The Court DENIES the motion as to these claims. Specifically, the Court DENIES the motion with respect to Plaintiffs claims for Willful Patent Infringement, as there are genuine issues of material fact on whether the Defendants were objectively reckless. The Court DENIES the motion with respect to Plaintiffs claims for Willful Trademark Infringement and False Advertising, as there are genuine issues of material fact on whether the Defendants conduct was knowing. Defendant Hayes moves for Partial Summary Judgment on Plaintiff's 7th Claim in the Consolidated Amended Complaint for Inducing Trademark Infringement. The Court GRANTS the motion as to this claim only. To the extent Defendant Hayes seeks Partial Summary Judgment as to other Claims, the motion is DENIED. While the particularity requirement of FRCP 7(b)(1) is flexible, the Court declines to consider those arguments when, as here, the Defendant failed to properly notice this ground for relief in its Caption, Notice of Motion, and in the introductory sentences of its Memorandum of Points and Authorities. (jp) |
| Filing 284 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: ORDER RE DEFENDANT KOAY'S MOTION for Summary Judgment as to Personal Liability #219 (filed 1/7/08), PLAINTIFFS Opposition #255 (filed 1/14/08), DEFENDANT'S Reply #272 (filed 1/21/08). Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 1/28/2008 at 1:30 p.m. is hereby vacated and the matter taken off-calendar. Mr. Koay's motion is DENIED. The Plaintiffs have adduced sufficient evidence to raise a triable issues of fact with respect to Mr. Koay's personal liability for inducing patent infringement under 35 U.S.C. 271(b), and for personal liability for Trademark infringement, Trade Dress Infringement and Unfair Competition. In doing so the Court expresses no opinion on the merits of the motions regarding Trade Dress and Trademark Infringement1 currently pending before the Court. (jp) |
| Filing 283 NOTICE of Presentation and Display to the Court of Products and Product Mechanisms at Hearing on Motions filed by Plaintiffs/Counterdefendant Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 280 SEALED DOCUMENT - EXHIBIT 1 to the Declaration of Richard B Benenson in support of WFO Imports' and Hayes' MOTION for Summary Adjudication ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 filed. (ad) (Main Document 280 replaced on 9/17/2015) (kyc). |
| Filing 278 REPLY in support of MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION fo #227 and Supplemental Evidence re same, filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Declaration of Gary Dukarich in support#2 Exhibit A to Dukarich Declaration#3 Exhibit B to Dukarich Declaration#4 Exhibit C to Dukarich Declaration#5 Exhibit D to Dukarich Declaration#6 Exhibit E to Dukarich Declaration#7 Exhibit F to Dukarich Declaration#8 Exhibit G to Dukarich Declaration)(Dukarich, Gary) |
| Filing 277 REPLY in Support of MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Palmatier, Duncan) |
| Filing 276 NOTICE OF LODGING filed of Proposed Memorandum of Decision Denying Defendants' Motion for Summary Adjudication on Plaintiffs' Claims for Willful Patent and Trademark Infringement, Willful Unfair Competition and False Advertising and Against Mr. Hayes Personally for Inducing Trademark Infringement (Attachments: #1 Memorandum of Decision)(Dukarich, Gary) |
| Filing 275 NOTICE OF LODGING filed of Proposed Memorandum of Decision Denying Defendant Bernard Koay's Motion for Summary Judgment (Attachments: #1 Memorandum of Decision)(Dukarich, Gary) |
| Filing 274 NOTICE OF LODGING filed of Proposed Memorandum of Decision Denying Defendants KingKong USA, Inc., American Lighting, Inc. and Bernard Koay's Motion for Partial Summary Judgment That Plaintiffs' Asserted Trademarks Were Not Infringed (Attachments: #1 Memorandum of Decision)(Dukarich, Gary) |
| Filing 273 NOTICE OF LODGING filed of Proposed Memorandum of Decision Denying Defendants' Motion for Partial Summary Judgment that Plaintiff Human Touch's Claimed Trade Dress Is Invalid and Not Infringed (Attachments: #1 Memorandum of Decision)(Dukarich, Gary) |
| Filing 272 REPLY in Support of MOTION for Summary Judgment as to Personal Liability #219 filed by Defendant Bernard Koay. (Attachments: #1 Supplement Objections to Plaintiffs' Evidence)(Palmatier, Duncan) |
| Filing 271 REPLY in Support of Motion MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration of Duncan Palmatier in Support of Defendants' Motion for Partial Summary Judgment of Non-Infringement of the Asserted Trademarks)(Palmatier, Duncan) |
| Filing 270 REPLY in Support of Motion MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Declaration of Duncan Palmatier in Support of Defendants' Reply in Defendants' Motion for Partial Summary Judgment of Patent Invalidity)(Palmatier, Duncan) |
| Filing 269 REPLY in support of MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 268 REPLY in support of MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 267 REPLY In Support of MOTION for Summary Adjudication as to ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 filed by Defendants Blair Hayes, WFO Imports LLC. (Attachments: #1 Statement of Genuine Issue of Material Fact#2 Declaration of Richard B. Benenson In Support of WFO Imports, LLC and Blair Hayes Reply Brief in Support of Its Motion for Summary Adjudication#3 Exhibit 1 to the Declaration of Richard B. Benenson#4 Exhibit 2 to the Declaration of Richard B. Benenson#5 Exhibit 3 to the Declaration of Richard B. Benenson#6 Exhibit 4 to the Declaration of Richard B. Benenson#7 Exhibit 5 to the Declaration of Richard B. Benenson#8 Consolidated Proof of Service)(Korneffel, Peter) |
| Filing 266 NOTICE OF MOTION AND MOTION to Compel Production of Documents and Testimony Relating to Hans Dehli's Expert Opinions filed by Defendants Blair Hayes, WFO Imports LLC.Motion set for hearing on 2/12/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Joint Stipulation on Defendants' Motion to Compel#2 Exhibit 1 to Joint Stipulation#3 Exhibit 2 to Joint Stipulation)(Korneffel, Peter) |
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Filing 279
ORDER by Judge Valerie Baker Fairbank GRANTING UNOPPOSED MOTION for Leave to Exceed Page Limit of Memorandum of Points and Authorities in Opposition to Plaintiffs Motions for Summary Judgment #262 . Defendants are herebygranted leave to file their Memorandum in Opposition to Motions for SummaryJudgment that are up to twenty-nine (29) pages, including some single-spacedquotations, in excess of the standard twenty-five (25) page limit contained in the local rules for the Central District of California. (jp)
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Filing 265
ORDER by Judge Valerie Baker Fairbank GRANTING JOINT STIPULATION Permitting Filing of Certain Papers in Opposition to Defendants for Summary Judgment or Partial Summary Judgment; Setting Date for Filing Reply Papers; and Withdrawal of Plaintiffs Objection to Defendants Opposition regarding Plaintiffs Motion ofor or Partial Sumary Judgment regarding Trade Dress for Failure to Comply with Certain Local Rules #261 . The parties have also stipulated, subject to the approval of this Honorable Court, that the parties' reply papers associated with their respective pending summary judgment or partial summary judgment motions may be electronically filed on or before Monday, January 21, 2008.** Additionally, Plaintiffs have agreed that their objection to theMemorandum of Points and Authorities in Support of Motion of Defendants King Kong USA, Inc., American Lighting Industry, Inc., and Bernard Koay for Partial Summary Judgment That Plaintiff Human Touch, LLC's Claimed Trade Dress is Invalid and Not Infringed, for failing to comply with Local Rules 11-3.1., 11-3.6 and 11-6 is hereby WITHDRAWN. **January 21, 2008 is a court holiday. Accordingly, replies may be efiled and served by January 22, 2008 by 10:00 a.m. Courtesy copies should be delivered to chambers by that date and time as well. (jp)
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Filing 264
ORDER by Judge Paul L. Abrams : the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Compel Production of Documents and Testimony Relating to Hans Dehli's Expert Opinions #259 , for the following reasons: Local Rule 6.1; Written notice of motion lacking or timeliness of notice incorrect. (ch)
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| Filing 262 UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT IN RESPECT TO DEFENDANTS' JANUARY 14,2008 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT OF TRADE DRESS INFRINGEMENT re MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Proposed Order Order Granting Defendants' Unopposed Motion for Leave to Exceed Page Limit in Respect to their January 14,2008 Memorandum)(Yang, Christine) |
| Filing 290 SEALED DOCUMENT - CONFIDENTIAL DECLARATION of GARY DUKARICH in support of Plaintiffs MOTIONs for Partial Summary Judgment #222 , #221 . (jp) (Main Document 290 replaced on 9/17/2015) (kyc). |
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Filing 263
APPLICATION AND ORDER by Judge Valerie Baker Fairbank that the Confidential Declaration of Gary Dukarich in support of Plaintiffs Motions for Partial Summary Judgment be filed UNDER SEAL. (jp)
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| Filing 261 JOINT STIPULATION PERMITTING FILING OF CERTAIN PAPERS IN OPPOSITION TO DEFENDANTS' FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT; SETTING DATE FOR FILING REPLY PAPERS; AND WITHDRAWAL OF PLAINTIFFS' OBJECTION TO DEFENDANT KINGKONG USA, INC., ET AL.'S OPPOSITION RE PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT RE TRADE DRESS FOR FAILURE TO COMPLY WITH CERTAIN LOCAL RULES re MOTION for Summary Judgment as to Personal Liability #219 , MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 , MOTION for Summary Adjudication as to ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 , MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION fo #227 , MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 , MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 , MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dillard, David) |
| Filing 260 DECLARATION of Gary Dukarich In Connection With Joint Stipulation of Defendants' Motion to Compel Production of Documents and Testimony Relating to Hans Dehli's Expert Opinions MOTION to Compel Production of Documents and Testimony Relating to Hans Dehli's Expert Opinions #259 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 259 NOTICE OF MOTION AND MOTION to Compel Production of Documents and Testimony Relating to Hans Dehli's Expert Opinions filed by Defendants Blair Hayes, WFO Imports LLC.Motion set for hearing on 1/29/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Joint Stipulation on Defendants' Motion To Compel#2 Exhibit 1 to Joint Stipulation#3 Exhibit 2 to Joint Stipulation)(Korneffel, Peter) |
| Filing 258 OPPOSITION to MOTION for Summary Judgment as to Personal Liability #219 , MOTION for Summary Adjudication as to ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Supplement Statement of Genuine Issues)(Dillard, David) |
| Filing 257 DECLARATION of David A. Dillard in support of Plaintiffs' opposition to Defendants' motions for partial summary judgment MOTION for Summary Judgment as to Personal Liability #219 , MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 , MOTION for Summary Adjudication as to ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 , MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 , MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 , MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Dillard, David) |
| Filing 256 OPPOSITION to MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 Statement of Genuine Issues to Plaintiff Opposition filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 255 OPPOSITION to MOTION for Summary Judgment as to Personal Liability #219 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Supplement Statement of Genuine Issues)(Dillard, David) |
| Filing 254 DECLARATION of Andrew Cohen in support of Plaintiffs' Oppositions to Defendants' Motions for Partial Summary Judgment MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 , MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 , MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 , MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 , MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit #14 Exhibit)(Dillard, David) |
| Filing 253 DECLARATION of Tiffany A. Parcher in support of Plaintiffs' Oppositions to Defendants' motions for partial summary judgment MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 , MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 , MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 , MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Affidavit Proof of Service)(Dillard, David) |
| Filing 252 OPPOSITION to MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dillard, David) |
| Filing 251 MEMORANDUM in Opposition to MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC #226 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Supplement Statement of Genuine Issues)(Dillard, David) |
| Filing 250 OPPOSITION to MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 , MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Supplement Statement of Genuine Issues#2 Proposed Order)(Dillard, David) |
| Filing 249 STATEMENT of Genuine Issues in Support of Opposition MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Palmatier, Duncan) |
| Filing 248 NON-CONFIDENTIAL DECLARATION of Duncan Palmatier in Opposition to Plaintiffs' Motion re MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Yang, Christine) |
| Filing 247 MEMORANDUM in Opposition to MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION fo #227 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Palmatier, Duncan) |
| Filing 246 DEPOSITION TRANSCRIPTS INDEXES OF DEFENDANTS IN OPPOSITION TO PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT re MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Yang, Christine) |
| Filing 245 NOTICE of Lodging Deposition Transcripts in Opposition to Plaintiffs' Motions for Partial Summary Judgment filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Yang, Christine) |
| Filing 244 NOTICE of Under Seal Filing filed American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Attachments: #1 Proposed Order to File Defendants' Memorandum of Points and Authorities Under Seal#2 Proposed Order Approving Filing Under Seal)(Yang, Christine) |
| Filing 243 MEMORANDUM in Opposition to MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Supplement LR 56-2 Statement of Genuine Issues#2 Declaration Non-Confidential, of Duncan Palmatier in Support of Opposition to Plaintiffs' Motion for Partial Summary Judgment of Patent ValidityMotion)(Palmatier, Duncan) |
| Filing 239 NOTICE OF LODGING filed re Plaintiffs' Motion to Strike Expert Report of Nathan Prepelka (Attachments: #1 Proposed Order striking testimony of Nathan Prepelka)(Dukarich, Gary) |
| Filing 234 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Title of docket entry (Notice of Under Seal Filing) incorrect document is attached (Notice of Manually Filing) and incorrect event used; Should have been used event "Manually Filing (G-92)" under Category: Notice instead "Under Seal Filing": RE Notice of Under Seal Filing #230 . (jp) |
| Filing 233 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: 1) Proposed Document was not submitted as separate attachment; 2) The Proposed Order should be filed as an attachment to the e-filed Notice of Lodging: RE MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION #227 . (jp) |
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Filing 242
ORDER APPROVING FILING UNDER SEAL by Judge Valerie Baker Fairbank that Defendants KingKong USA Inc., AmericanLighting Industry inc and Bernard koay's Memorandum of Points and Authorities in support of Partial Summary Judgment on Trade Dress be filed under seal. (jp)
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Filing 241
APPLICATION AND ORDER TO FILE UNDER SEAL by Judge Valerie Baker Fairbank that the following deposition transcripts be lodged under seal: Dehli, Hans - September 18 & 19, 2007; Cohen, Andrew - November 9, 2007; Shimuzu, Shinichi - August 29, 2007. (jp)
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Filing 240
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Valerie Baker Fairbank. ORDERING Application and Proposed Order to File Under Seal; Order Approving Filing Under Seal; Memorandum of Points and Authorities submitted by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc received on 1/7/2008 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp)
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| APPLICATION and Order to File Under Seal filed by defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (jp) |
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Filing 235
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Valerie Baker Fairbank, ORDERING Application and Order to File Under Seal, Pursuant to Local Rule 79-5.1 and IV.C of the December 12, 2006 Protective Order; Exhibit 12 to Declaration of Blair Hayes and Exhibits 1, 3 and 4 to Declaration of Richard Benenson (see document for further details) submitted by Defendants Blair Hayes, WFO Imports LLC received on 1/7/2008 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp)
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Filing 237
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Valerie Baker Fairbank, ORDERING Notice of Manual Filling submitted by Defendants Blair Hayes, WFO Imports LLC received on 1/8/2008 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp)
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| Filing 232 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Proposed Order should not get filed until the Judge signs the proposed document: RE Motion Related Document #215 . (jp) |
| Filing 231 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Incorrect document is attached to the docket entry; Incorrect event selected. Correct event is Memorandum in support of Motion under Category: Response, Replies/Other Related Documents instead MOTION to Supplement #213 event. (jp) |
| Filing 238 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Exhibit 12 to Declaration of Blair Hayes and Exhibits 1, 3 and 4 to Declaration of Richard Benenson. (jp) |
| Filing 230 NOTICE of Under Seal Filing filed Blair Hayes, WFO Imports LLC (Korneffel, Peter) |
| Filing 229 Amendment to MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 Amended notice of manual filing under seal of confidencial memorandum of points and authorities (docket no. 217) with corrected hearing date filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Yang, Christine) |
| Filing 228 NOTICE of Manual Filing filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. of (1) Confidential Declaration of Gary Dukarich; and (2) Application and Proposed Order to File Declaration Under Seal. (Dukarich, Gary) |
| Filing 227 NOTICE OF MOTION AND MOTION to Strike additional counsel Nathan Prepelka's invalidity argument brief improperly denominated as expert report MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 #213 filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K..Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 memorandum of points and authorities)(Dukarich, Gary) |
| Filing 289 SEALED DOCUMENT - FILED UNDER SEAL - EXHIBIT 12 to the Declaration of Blair Hayes in support of WFO Imports, LLC and Blair Hayes MOTION for Summary Adjudication ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 . (jp) (Main Document 289 replaced on 9/17/2015) (kyc). |
| Filing 288 SEALED DOCUMENT - MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION of Defendants King Kong USA Inc, American Lighting Industry, Inc., and Bernard Koay for Partial Summary Judgment that Plaintiff Human Touch LLC's Claimed Trade Dress is Invalid and Not Infringed of Plaintiff Human Touch, LLC #226 . (jp) (Main Document 288 replaced on 9/17/2015) (kyc). |
| Filing 282 SEALED DOCUMENT - EXHIBIT 4 to the Declaration of Richard B Benenson in support of WFO Imports' and Hayes' MOTION for Summary Adjudication ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 filed. (ad) (Main Document 282 replaced on 9/17/2015) (kyc). |
| Filing 281 SEALED DOCUMENT - EXHIBIT 3 to the Declaration of Richard B Benenson in support of WFO Imports' and Hayes' MOTION for Summary Adjudication ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT #220 filed. (ad) (Main Document 281 replaced on 9/17/2015) (kyc). |
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Filing 236
APPLICATION AND ORDER to File Under Seal Pursuant to L.R. 79-5.1 and Section IV.C of the December 12, 2006 Protective Order (Docket No. 28), EXHIBIT 12 to Declaration of Blair Hayes and EXHIBITS 1, 3, and 4 to Declaration of Richard Benenson submitted in support of Defendants WFO Imports LLC and Blair Hayes Memorandum of Points and Authorities in support of its Motion for Summary Adjudication by Judge Valerie Baker Fairbank. (jp)
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| Filing 226 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Trademark Claims of Plaintiff Human Touch, LLC filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Motion for Partial Summary Judgment that Plaintiff's Asserted Trademarks Were Not Infringed#2 Supplement LR 56-1 Statement of Uncontroverted Facts and Conclusions of Law#3 Declaration of Duncan Palmatier in Support of the Motion#4 Declaration of Bernard Koay in Support of Motion#5 Proposed Order)(Palmatier, Duncan) |
| Filing 225 DECLARATION of Hans Dehli in support of MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 and Exhibits A through K, filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (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#9 Exhibit I#10 Exhibit J#11 Exhibit K)(Dukarich, Gary) |
| Filing 224 DECLARATION of Gary Dukarich (non-confidential) in support of MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 , MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 #221 and Exhibits A through H, filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (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#9 Exhibit I)(Dukarich, Gary) |
| Filing 223 DECLARATION of Andrew Cohen in support of MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. #222 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 222 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc. filed by Plaintiffs/Counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K..Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Partial Summary Judgment of Trade Dress Infringement#2 [Proposed] Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs' Motion for Partial Summary Judgment of Trade Dress Infringement#3 [Proposed] Memorandum of Decision Re Plaintiffs' Motion for Partial Summary Judgment of Trade Dress Infringement by Defendants KingKong USA Inc. and American Lighting Industry, Inc.)(Dukarich, Gary) |
| Filing 221 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Validity of U.S. Patent No. 6,629,940 filed by Plaintiffs/Counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K..Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Partial Summary Judgment of Validity of U.S. Patent 6,629,940#2 [Proposed] Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs' Motion for Partial Summary Judgment of Patent Validity#3 [Proposed Memorandum of Decision Re Plaintiffs' Motion for Partial Summary Judgment of Validity of U.S. Patent 6,629,940)(Dukarich, Gary) |
| Filing 220 NOTICE OF MOTION AND MOTION for Summary Adjudication as to ON PLAINTIFF'S CLAIMS FOR WILLFUL PATENT AND TRADEMARK INFRINGEMENT, WILLFUL UNFAIR COMPETITION AND FALSE ADVERTISING AND AGAINST MR. HAYES PERSONALLY FOR INDUCING TRADEMARK INFRINGEMENT filed by DEFENDANTS Blair Hayes, WFO Imports LLC.Motion set for hearing on 2/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION#2 STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW#3 DECLARATION OF BLAIR HAYES IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION#4 Exhibit #1 TO DECLARATION OF BLAIR HAYES#5 Exhibit #2 TO DECLARATION OF BLAIR HAYES#6 Exhibit #3 TO DECLARATION OF BLAIR HAYES#7 Exhibit #4 TO DECLARATION OF BLAIR HAYES#8 Exhibit #5 TO DECLARATION OF BLAIR HAYES#9 Exhibit #6 TO DECLARATION OF BLAIR HAYES#10 Exhibit #7 TO DECLARATION OF BLAIR HAYES#11 Exhibit #8 TO DECLARATION OF BLAIR HAYES#12 Exhibit #9 TO DECLARATION OF BLAIR HAYES#13 Exhibit #10 TO DECLARATION OF BLAIR HAYES#14 Exhibit #11 TO DECLARATION OF BLAIR HAYES#15 Exhibit #12 TO DECLARATION OF BLAIR HAYES#16 Declaration OF RICHARD B. BENENSON IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION#17 Exhibit #1 TO DECLARATION OF RICHARD B. BENENSON#18 Exhibit #2 TO DECLARATION OF RICHARD B. BENENSON#19 Exhibit #3 TO DECLARATION OF RICHARD B. BENENSON#20 Exhibit #4 TO DECLARATION OF RICHARD B. BENENSON#21 Exhibit #5 TO DECLARATION OF RICHARD B. BENENSON#22 JOINDER IN KING KONG USA INC.'S MOTION FOR PARTIAL SUMMARY ADJUDICATION#23 Proposed Order PROPOSED STATEMENT OF DECISION AND ORDER GRANTING MOTION FOR SUMMARY ADJUDICATION#24 CONSOLIDATED PROOF OF SERVICE)(Korneffel, Peter) |
| Filing 219 NOTICE OF MOTION AND MOTION for Summary Judgment as to Personal Liability filed by Defendant Bernard Koay.Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities in Support of Koay's Motion for Summary Judgment#2 Koay's Statement of Uncontroverted Facts in Support of His Motion for Summary Judgment#3 Proposed Order Granting Motion for Summary Judgment of Defendant Koay)(Yang, Christine) |
| Filing 218 DECLARATION of Duncan Palmatier in Support of Motion MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Attachments: #1 Exhibit L to P)(Yang, Christine) |
| Filing 217 NOTICE of Under Seal Filing filed American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc (Palmatier, Duncan) |
| Filing 216 STATEMENT of Uncontroverted Facts and Conclusions of Law Pursuant to LR 56-1 MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Yang, Christine) |
| Filing 215 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT THAT PLAINTIFFS' CLAIMED TRADE DRESS IS INVALID AND NOT INFRINGED re MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed #214 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (Palmatier, Duncan) |
| Filing 214 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to That Plaintiffs' Claimed Trade Dress is Invalid and Not Infringed filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Supplement Deposition Transcript Index in Support of Motion for Partial Summary Judgment of Trade Dress Invalidity and Non-Infringement#2 Supplement Notice of Lodging CONFIDENTIAL Documents Under Seal#3 Proposed Order to File CONFIDENTIAL Documents Under Seal)(Palmatier, Duncan) |
| Filing 213 NOTICE OF MOTION AND MOTION to Supplement Notice of Motion and Motion for Partial Summary Judgment of Patent Invalidity Docket No. 212 re MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 #212 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 LR 56-1 Statement of Uncontroverted Facts and Conclusions of Law#2 Declaration Duncan Palmatier in Support of Motion for Partial Summary Judgment of Patent Invalidity#3 Declaration Matsutani with Certified Translations of Japanese Prior Art Patent Publications in Support of Motion for Partial Summary Judgment of Patent Invalidity#4 Declaration N. Prepelka in Support of Motion for Partial Summary Judgment of Patent Invalidity#5 Proposed Order in Support of Motion for Partial Summary Judgment of Patent Invalidity)(Yang, Christine) |
| Filing 212 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Invalidity on Patent US 6,629,940 filed by Defendant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.Motion set for hearing on 1/28/2008 at 01:30 PM before Judge Valerie Baker Fairbank. (Yang, Christine) |
| Filing 211 TRANSCRIPT filed for proceedings held on 12/17/07 Court Reporter: Robert E. Killion. (bem, ) |
| Filing 210 MINUTES OF IN CHAMBERS ORDER RULING ON SUBMITTED MATTER RE PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT OF LITERAL INFRINGMENT OF CLAIMS 1,8,9 OF US PATENT 6,629,940; DEFENDANT KING KONG USA INC'S OPPOSITION ; DEFENDANT WFO IMPORS LLC'S OPPOSITION ; PLAINTIFFS REPLY; held before Judge Valerie Baker Fairbank : re: 194], #183 . (SEE ORDER ATTACHED) (mb) |
| Filing 208 MINUTES OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF LITERAL INFRINGEMENT OF CLAIMS 1,8, AND 9 OF U.S. PATENT 6,629,940held before Judge Valerie Baker Fairbank :The Court takes the Motion under submissionCourt Reporter: Bob Killion. (mb) |
| Filing 207 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: TENTATIVE ORDER RE PLAINTIFFS MOTION for Partial Summary Judgment as to of Literal Infringement of Claims 1,8 and 9 of U.S. Patent 6,629,940 176 ; DEFENDANT KING KONG USA INC'S OPPOSITION [fld 12/3/07] #182 ; DEFENDANT WFO IMPORTS LLC'S OPPOSITION [fld 12/3/07] #183 ; PLAINTIFFS REPLY [fld 12/10/07] #194 . The Motion is GRANTED against Defendant WFO with respect to the PHP 2024 for literally infringing Claims 1, 8 and 9; The Motion is GRANTED against Defendant KKUI with respect to the paddle type Caesar brand massage chair (Caesar Chair) for literally infringing Claims 1, 8 and 9; The Motion is GRANTED against defendants with respect to the semi-parallel-type Legacy Deluxe, PHP 2026 (including PHP 2026w), and PHP 2027 brand massage chairs (PHP 2027 Group) for literally infringing Claims 1, 8 and 9; Defendant WFO's Motion to Strike the Declaration of Hans Delhi is DENIED. The Court DENIES Defendant KKUI's objection that Plaintiffs did not comply with Local Rule 7-3 (see document for further details). Therefore, the Defendants have failed to raise a genuine issue of material fact. (jp) |
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Filing 206
ORDER LODGING DEPOSITION TRANSCRIPTS UNDER SEAL by Judge Valerie Baker Fairbank that the following deposition transcripts be lodged under seal: Dehli, Hans September 18, 2007; Dehli, Hans September 19, 2007; Dehli, Hans November 29, 2007; Hayes, Blair October 3, 2007; Koay, Bernard November 7, 2007; Shimuzu, Shinichi August 29, 2007. (jp)
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| Filing 205 NOTICE OF PRESENTATION AND DISPLAY OF ACCUSED DEVICES TO THE COURT AT MOTION HEARING filed by Defendant King Kong USA Inc. (Palmatier, Duncan) |
| Filing 204 NOTICE OF PRESENTATION AND DISPLAY OF ACCUSED DEVICES TO THE COURT AT MOTION HEARING filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 203 NOTICE of Manual Filing filed by Defendant King Kong USA Inc of 12/3/07 Declaration of Bernard Koay, Declaration of Duncan Palmatier, and LR 56-2 Statement of Genuine Issues. (Palmatier, Duncan) |
| Filing 202 DEPOSITION TRANSCRIPT INDEXES re MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit A through H)(Dukarich, Gary) |
| Filing 201 APPLICATION to Seal deposition transcripts filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 200 NOTICE OF LODGING filed of deposition transcripts re Plaintiffs' motion for partial summary adjudication (Dukarich, Gary) |
| Filing 199 NOTICE OF LODGING filed of transcripts of depositions of Jack Zable, preliminarily marked by plaintiffs, and preliminary indexes thereto (Dukarich, Gary) |
| Filing 198 OBJECTIONS to Report #191 , Declaration (Motion related), Declaration (Motion related) #192 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 197 OBJECTIONS to Declaration (Motion related), Declaration (Motion related) #187 , Declaration (Motion related) #186 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 196 RESPONSE filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.to Response in Opposition to Motion,,,, #183 specifically, to WFO's Memorandum re Evidentiary Objections (Dukarich, Gary) |
| Filing 195 DECLARATION of Gary Dukarich re Reply (Motion related), Reply (Motion related) #193 , Reply (Motion related), Reply (Motion related) #194 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Exhibit A through J)(Dukarich, Gary) |
| Filing 194 REPLY to WFO Imports, LLC and Blair Hayes on MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 193 REPLY to KingKong, American Lighting, and Bernard Koay on MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Dukarich, Gary) |
| Filing 192 SEALED DOCUMENT - CONFIDENTIAL DECLARATION of RICHARD B. BENENSON in support of WFO Imports LLC, and Blair Hayes Memorandum of Points and Authorities in Opposition to Plaintiffs MOTION for Partial Summary Judgment of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent 6,629,940 176 . (jp) (Main Document 192 replaced on 9/17/2015) (kyc). (Additional attachment(s) added on 9/17/2015: #1 Document 192 Part 2, #2 Document 192 Part 3) (kyc). |
| Filing 191 EXPERT REPORT of Jack Zable. (Attachments: #1 Part 1 of Expert Report#2 Part 2 of Expert Report#3 Part 3 of Expert Report#4 Part 4 of Expert Report). (jp) |
| Filing 190 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Exhibits 3 through 7 to the Declaration of Richard Benenson. Lodged Proposed Order. (jp) |
| Filing 189 NOTICE of Manual Filing filed by Defendants Blair Hayes, WFO Imports LLC of Exhibit 1 to the Benenson Declaration (The Expert Report of Jack Zable) Pursuant to General Order Regarding Electronic Filing. (jp) |
| Filing 188 CONSOLIDATED PROOF OF SERVICE for Defendants WFO Imports, LLC and Blair Hayes' Opposition to Plaintiffs' Motion for Summary Adjudication on Literal Infringement and Related documens filed by Defendants Blair Hayes, WFO Imports LLC, served on 12/3/07 (see document for further details). (vh) |
| Filing 209 DECLARATION of Bernard Koay in support of defendant King Kong USA Inc., Opposition to plaintiff Human Touch's Motion for Partial Summary Judgment of literal infringement of Claims 1, 8 and 9 of US. Patent 6,629,940 176 filed by Counter Claimants King Kong USA Inc, King Kong USA Inc, Defendant King Kong USA Inc. (mb) |
| Filing 187 DECLARATION of DUNCAN PALMATIER in support of Defendant Opposition to Plaintiff MOTION for Partial Summary Judgment as to of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent 6,629,940 176 filed by Defendant King Kong USA Inc. (jp) Additional attachment(s) added on 12/6/2007 (jp, ). |
| Filing 186 EXPERT REPORT AND DECLARATION of PROFESSOR JACK ZABLE in support of Defendant 176 filed by Defendant King Kong USA Inc. (jp) |
| Filing 185 LOCAL CIVIL RULE 56-2 STATEMENT OF GENUINE ISSUES OF MATERIAL FACT in Opposition to Plaintiff's MOTION for Partial Summary Judgment of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent 6,629,940 176 filed by Defendant King Kong USA Inc. (jp) |
| Filing 184 APPLICATION to Seal Exhibits 1, 3 - 7 of The Confidential Declaration of Richard B. Benenson filed by Defendant WFO Imports LLC.Application set for hearing on 12/17/2007 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Proposed Order)(Benenson, Richard) |
| Filing 183 OPPOSITION to MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Defendant WFO Imports LLC. (Attachments: #1 Defendants WFO Imports, LLC and Blair Hayes' Statement of Genuine Issues of Material Facts#2 Memorandum Regarding Defendants WFO Imports, LLC and Blair Hayes' Evidentiary Objections#3 Declaration Confidential Declaration of Richard Benenson#4 Exhibit 1#5 Exhibit 2#6 Exhibit 3#7 Exhibit 4#8 Exhibit 5#9 Exhibit 6#10 Exhibit 7#11 Exhibit 8#12 Exhibit 9#13 Exhibit 10#14 Exhibit 11#15 Exhibit 12#16 Defendants WFO Imports, LLC and Blair Hayes Notice of Manual Filing of Exhibits 3 through 7 to the Declaration of Richard Benenson#17 Defendants WFO Imports, LLC and Blair Hayes Notice of Manual Filing of Exhibit 1 to Benenson Declaration (The Expert Report of Jack Zable) Purusant to General Order#18 Proposed Order Proposed Statement of Decision and Order#19 Consolidated Proof of Service)(Benenson, Richard) |
| Filing 182 OPPOSITION to MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Defendant King Kong USA Inc. (Palmatier, Duncan) |
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Filing 181
ORDER by Judge Valerie Baker Fairbank, re Stipulation to Reset #180 . Plaintiffs' Motion for Partial Summary Judgment 176 be, and hereby is, continued to 12/17/2007 at 01:30 PM. IT IS FURTHER ORDERED that the briefing schedule and deposition dates be, and hereby are, established as follows: Deposition of Hans Dehli To be scheduled prior to November 30, 2007; Defendants Opposition Papers Due (the Opposition Papers shall address the claim construction and infringement issues) on December 3, 2007; Deposition of Defendants Expert Declarants on December 4-6, 2007; Deposition of Jack L. Zable on December 6, 2007; Plaintiffs Reply Papers Due by 12/10/2007; Hearing on Plaintiffs Motion for Partial Summary Judgment to December 17, 2007 at 1:30 p.m. (jp)
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| Filing 180 STIPULATION to Reset Schedule for briefing of Motion for Partial Summary Judgment and for pertinent depositions filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (Attachments: #1 Proposed Order)(Dukarich, Gary) |
| Filing 179 DECLARATION of Tiffany A. Parcher in support of plaintiff's MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiff Interactive Health LLC. (mb) |
| Filing 178 SUPPLEMENTAL DECLARATION OF HANS DELHI IN SUPPORT OF PLAINTIFFS' MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiff Daito Denki Kogyu K.K.. (mb) |
| Filing 177 MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Partial Summary Judgment as to of Literal Infringement of Claims1,8 and 9 of U.S. Patent 6,629,940 176 filed by Counter Defendants Interactive Health LLC, Interactive Health LLC, Plaintiff Daito Denki Kogyu K.K.. (mb) |
| Filing 176 NOTICE OF MOTION AND MOTION for Partial Summary Judgment of Literal Infringement of Claims 1,8 and 9 of U.S. Patent 6,629,940 filed by Plaintiffs/Counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K..Motion set for hearing on 11/26/2007 at 01:30 PM before Judge Valerie Baker Fairbank. (mb) |
| Filing 173 MINUTES OF IN CHAMBERS by Judge Valerie Baker Fairbank: DEFENDANT KING KONG USA INC'S WRITTEN OBJECTIONS of Plaintiff Human Touch, LLC's Reliance on Testimony and evidence taken at the October 5, 2007 deposition of professor Jack Zable in support of plaintiff's MOTION for summary adjudication of literal infringement 172 (filed 10/18/2007), as well as the Declaration of Proveessor Jack Zable in support of Defendant King Kong USA Inc Opposition to Plaintiff Human Touch's Motion for Summary Adjudication of Literal Infringement 167 (filed October 17, 2007) are procedurally improper and have been disregarded. (see document for further details). Court Reporter: None Present. (jp) |
| Filing 175 Plaintiff Human Touch LLC's Response to King Kong's Objections and request to disregard deposition testimony of Jack L. Zable. MOTION for Summary Adjudication 137 filed by Counter Defendant Interactive Health LLC, Plaintiff Interactive Health LLC. (mb) |
| Filing 174 Plaintiff Human Touch LLC's Objection and request to strike untimely surrebuttal declaration of Jack L. Zable, Local Civil Rule 7-8 Request to cross-examine declaration re same, and evidentiary objections to same; OBJECTIONS re: MOTION for Summary Adjudication 137 filed by Counter Defendant Interactive Health LLC, Plaintiff Interactive Health LLC. (mb) |
| Filing 172 OBJECTIONS of Plaintiff Human Touch, LLC's Reliance on Testimony and evidence taken at the October 5, 2007 deposition of professor Jack Zable in support of plaintiff's motion for summary adjudication of literal infringement re: MOTION for Summary Adjudication 137 filed by Counter Claimant King Kong USA Inc, Defendant King Kong USA Inc. (mb) |
| Filing 171 DECLARATION OF DUNCAN PALMATIER IN SUPPORT OF DEFENDANT KING KONG USA, INC.'S WRITTEN OBJECTION TO PLAINTIFF HUMAN TOUCH'S RELAINCE ON TESTIMONY AND EVIDENCE TAKEN AT THE OCTOBER 5, 2007 DEPOSITION OF PROFESSOR JACK ZABLE IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION OF LITERAL INFRINGEMENT re 137 filed by Counter Claimant King Kong USA Inc, Defendant King Kong USA Inc. (vh) |
| Filing 170 DECLARATION OF CHRISTINE YANG IN SUPPORT OF DEFENDANT KING KONG USA, INC.'S WRITTEN OBJECTION TO PLAINTIFF HUMAN TOUCH'S RELAINCE ON TESTIMONY AND EVIDENCE TAKEN AT THE OCTOBER 5, 2007 DEPOSITION OF PROFESSOR JACK ZABLE IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION OF LITERAL INFRINGEMENT re 137 filed by Counter Claimant King Kong USA Inc, Defendant King Kong USA Inc. (vh) |
| Filing 169 DECLARATION OF CLEMENT CHENG IN SUPPORT OF DEFENDANT KING KONG USA, INC.'S WRITTEN OBJECTION TO PLAINTIFF HUMAN TOUCH'S RELAINCE ON TESTIMONY AND EVIDENCE TAKEN AT THE OCTOBER 5, 2007 DEPOSITION OF PROFESSOR JACK ZABLE IN SUPPORT OF PLAINTIFF'S MOTION OF LITERAL INFRINGEMENT re 137 filed by Counter Claimant King Kong USA Inc, Defendant King Kong USA Inc. (vh) |
| Filing 168 MINUTES OF IN CHAMBERS by Judge Valerie Baker Fairbank: ORDER DENYING, WITHOUT PREJUDICE, THE PLAINTIFF HUMAN TOUCH'S MOTION for Summary Adjudication of Literal Infringement 137 (see document for further details).(jp) |
| Filing 167 DECLARATION of PROFESSOR JACK L. ZABLE in support of Defendant Opposition to Plaintiff MOTION for Summary Adjudication of Literal Infringement 137 filed by Defendant King Kong USA Inc. (jp) |
| Filing 166 JOINDER in Defendant Kingkong USA Inc's Reply to Plaintiff Human Touch LLC's Opposition to MOTION to Strike Plaintiff Human Touch LLC's Evidence in support of Motion for Summary Adjudication of Literal Infringement 153 filed by Defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 165 REPLY to OPPOSITION to MOTION to Strike Plaintiff's Evidence in Support of Motion for Summary Adjudication of Literal Infringement 153 filed by Defendant King Kong USA Inc. (bm) |
| Filing 164 NOTICE OF PRESENTATION AND DISPLY of Accused Product Mechanisms at the October 22, 2007 Hearing on Plaintiff Human Touch's Motion for Summary Adjudication of Literal Infringement 137 filed by Defendants American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc. (jp) |
| Filing 163 NOTICE OF PRESENTATION AND DISPLAY TO THE COURT OF ACCUSED PRODUCT MECHANISMS AT HEARING on MOTION for Summary Adjudication 137 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (jp) |
| Filing 162 JOINDER in Defendant Kingkong USA Inc's MOTION and Supporting Memorandum to Strike Plaintiff Human Touch LLC's Evidence in support of Motion for Summary Adjudication of Literal Infringement 153 filed by Defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 161 NOTICE OF ERRATA Regarding the Declaration of Jack Zable 150 filed by Defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 160 DECLARATION of DAVID A. DILLARD in support of Plaintiffs Replies to its MOTION for Summary Adjudication of Literal Infringement 137 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (jp) |
| Filing 159 PLAINTIFFS OPPOSITION to Defendant Kingkong USA Inc's MOTION to Strike Plaintiff Human Touch LLC's Evidence in support of Motion for Summary Adjudication of Literal Infringement 153 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (jp) |
| Filing 158 PLAINTIFFS EVIDENTIARY OBJECTIONS to Declaration of Jack L. Zable in Opposition to MOTION for Summary Adjudication of Literal Infringement 137 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (jp) |
| Filing 157 PLAINTIFF HUMAN TOUCH LLC'S REPLY to Defendant WFO Import's Opposition to Plaintiff's MOTION for Summary Adjudication of Literal Infringement 137 filed by Plaintiff Interactive Health LLC. (jp) |
| Filing 156 PLAINTIFF HUMAN TOUCH LLC's REPLY to Kingkong USA Inc's Opposition to Plaintiff's MOTION for Summary Adjudication of Literal Infringement 137 filed by Plaintiff Interactive Health LLC. (jp) |
| Filing 154 MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Strike Plaintiff Human Touch LLC's Evidence in support of Motion for Summary Adjudication of Literal Infringement 153 filed by Defendant King Kong USA Inc. (jp) |
| Filing 153 NOTICE OF MOTION AND MOTION to Strike Plaintiff Human Touch LLC's Evidence in support of Motion for Summary Adjudication of Literal Infringement filed by defendant King Kong USA Inc. Motion set for hearing on 10/22/2007 at 01:30 PM before Judge Valerie Baker Fairbank. (jp) |
| Filing 155 NOTICE OF ERRATA filed by Defendants Blair Hayes, WFO Imports LLC. correcting Proof of Service (subsequent documents); 152 (cm) |
| Filing 152 MASTER PROOF OF SERVICE of MEMORANDUM of Points and Authorities in Opposition toPlaintiffs MOTION for Summary Adjudication of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent No. 6,629,940 and Motion Pursuant to FRCP 56(f) 147 , Declarationof JACK ZABELE in support of Memorandum of Points and Authorities in Opposition toPlaintiffs MOTION for Summary Adjudication of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent No. 6,629,940 and Motion Pursuant to FRCP 56(f) 148 , Declaration of RICHARD B. BENENSON in support of Memorandum of Points and Authorities in Opposition toPlaintiffs MOTION for Summary Adjudication of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent No. 6,629,940 and Motion Pursuant to FRCP 56( f) 149 served on 9/26/2007 filed by defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 151 DECLARATION of BERNARD KOAY in support of Kong USA Inc's Opposition to Plaintiff Human Touch's MOTION for Summary Adjudication of Literal Infringement 137 filed by Defendant King Kong USA Inc. (jp) |
| Filing 150 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Plaintiff Human Touch LLC's MOTION for Summary Adjudication of Literal Infringement 137 filed by Defendant King Kong USA Inc. (jp) |
| Filing 149 DECLARATION of RICHARD B. BENENSON in support of Memorandum of Points and Authorities in Opposition toPlaintiffs MOTION for Summary Adjudication of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent No. 6,629,940 and Motion Pursuant to FRCP 56(f) 137 filed by Defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 148 DECLARATION of JACK ZABELE in support of Memorandum of Points and Authorities in Opposition toPlaintiffs MOTION for Summary Adjudication of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent No. 6,629,940 and Motion Pursuant to FRCP 56(f) 137 filed by Defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 147 MEMORANDUM OF POINTS ANDAUTHORITIES in Opposition to Plaintiffs MOTION for Summary Adjudication of Literal Infringement of Claims 1, 8 and 9 of U.S. Patent No. 6,629,940 and Motion Pursuant to FRCP 56(f) 137 filed by Defendants Blair Hayes, WFO Imports LLC. (jp) |
| Filing 146 NON-CONFIDENTIAL DECLARATION of DUNCAN PALMATIER in support of Defendant King Kong USA Inc Opposition to Plaintiff Human Touch's MOTION for Summary Adjudication of Literal Infringement 137 filed by Defendant King Kong USA Inc. (jp) |
| Filing 145 STATEMENT of GENUINE ISSUES in suport of their Opposition to Plaintiff Human Touch's MOTION for Summary Adjudication of Literal Infringement 137 filed by Defendant King Kong USA Inc. (jp) |
| Filing 144 OBJECTIONS to Plaintiff's Evidence in support of MOTION for Summary Judgment 137 filed by Defendant King Kong USA Inc. (jp) |
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Filing 143
JOINT STIPULATION AND ORDER CONTINUING THE HEARING ON PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF LITERAL INFRINGEMENT AND SETTING CERTAIN BRIEF AND DEPOSITION DATES: The parties, through their respective counsel and subject to the approval of this Honorable Court, hereby stipulate to the following revised briefing and hearing scheduled for Plaintiff MOTION for Summary Adjudication of Literal Infringement and to the following dates pertinent to Plaintiffs Motion: Deposition of Hans Delhi on 9/18/2007; Deposition of WFO pursuant to Rule 30(b)(6) FRCP on 10/3/2007; Deposition of Blair Hayes on 10/3/2007; Plaintiff's Reply papers due 10/8/2007; Hearing on Plaintiffs Motion for Summary Adjudication 137 on 10/22/2007 at 01:30 PM. IT IS SO ORDERED by Judge Valerie Baker Fairbank. (jp)
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Filing 141
ORDER ON APPLICATION of Non-Resident Attorney to Appear in a Specific Case by Richard B Benenson as counsel for Defendants Blair Hayes, WFO Imports LLC, designating Peter R Afrasiabi as local counsel is GRANTED by Judge Valerie Baker Fairbank. (jp)
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| Filing 142 APPLICATION of Richard B. Benenson for Leave to Appear Pro Hac Vice. FEE PAID. filed by defendants Blair Hayes, WFO Imports LLC. Lodged Order. (ca) |
| Filing 140 DECLARATION of Hans Delhi in Support re MOTION for Summary Adjudication 137 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (vm) |
| Filing 139 DECLARATION of Gary Dukarich in Support re MOTION for Summary Adjudication 137 filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (vm) |
| Filing 138 MEMORANDUM of Points and Authorities in Support of filed by plaintiffs/counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.. Re: MOTION for Summary Adjudication 137 (vm) |
| Filing 137 NOTICE OF MOTION AND MOTION for Summary Adjudication of Literal Infringement filed by plaintiff Interactive Health LLC, Daito Denki Kogyu K.K..Motion set for hearing on 9/24/2007 at 01:30 PM before Judge Valerie Baker Fairbank. Lodged proposed order. (vm) |
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Filing 136
ORDER by Judge Valerie Baker Fairbank,, Set/Reset Deadlines/Hearings:Jury Trial set for 3/4/2008 08:30 PM before Judge Valerie Baker Fairbank.,Pretrial Conference set for 2/15/2008 02:30 PM before Judge Valerie Baker Fairbank. Fact Discovery cut-off 11/9/2007; Initial Expert Disclosures 11/23/2007; Rebuttal Expert Disclosures 12/21/2007; Expert Discovery cut off 1/11/2008; Motion hearing cut off 1/30/2008.(yc)
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Filing 135
ORDER by Judge Valerie Baker Fairbank, re APPLICATION of Kathryn R. Rothman for Leave to Appear Pro Hac Vice 134 is granted. (yc)
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| Filing 134 APPLICATION of non-resident Attorney Kathryn R. Rothman to appear in a specifiv case. filed by defendant Blair Hayes, WFO Imports LLC. Lodged order. (yc) |
| Filing 133 REPLY to Counterclaims of Defendant Kingkong USA, Inc 7 , filed by Plaintiffs and Counterdefendants Interactive Health, LLC, Daito Denki Kogyu K.K.. (yca) |
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Filing 128
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Valerie Baker Fairbank ORDERING Reply to counterclaim of WFO Imports & Blair Hayes submitted by Plaintiff Daito Denki Kogyu K.K. received on 6/20/2007 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc)
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| Filing 132 Reply to Counterclaim of Defendants WFO Imports LLC and Blair Hayes to Plaintiffs' Consolidated Amended Complaint filed by Plaintiffs/Counterdefendants Interactive Health LLC, Daito Denki Kogyu K.K.(ib) |
| Filing 131 SEALED DOCUMENT - REVISED CONFIDENTIAL DECLARATION of David A Dillard in support of MOTION for Leave to to file a consolidated amended complaint 82 . (ad) (kyc). |
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Filing 130
APPLICATION and ORDER to File Revised Confidential Declaration of David A Dillard by Judge Valerie Baker Fairbank: IT IS SO ORDERED.(ad)
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| Filing 129 REVISED NON-CONFIDENTIAL DECLARATION of David A Dillard in support of MOTION for Leave to to file a consolidated amended complaint 82 filed by Plaintiffs, Counter Defendants Interactive Health LLC, Daito Denki Kogyu K.K. (ad) |
| Filing 126 MINUTES OF (In Chambers) CLAIMS CONSTRUCTION ORDER held before Judge Valerie Baker Fairbank: The Court rejects King Kong's construction. The Court also finds that the patent language depiting a "cam surface inclined with respect to the revolving shaft," when taken in the context of the entire patent including the specification and drawing of the preferred embodiment, is clear enough to need no clarifying construction. Court Reporter: None Present.(ca) |
| Filing 124 MINUTES OF Markman Hearing held before Judge Valerie Baker Fairbank : Court hears oral argument and the matter is taken under submission. With respect to plaintiff's pursuant to the showing made by plaintiff and counsel for King Kong, the court will allow the mentioned declaration to be filed under seal. See Reported Notes. Court Reporter: Bob Killion.(yc) |
| Filing 122 ANSWER to second Amended Complaint, 105 , and COUNTERCLAIM against Interactive Health LLC filed by defendant and counterclaimant American Lighting Industry, Inc., Bernard Koay, King Kong USA Inc.(yc) |
| Filing 121 CERTIFICATION of Interested Parties filed by Defendant King Kong USA Inc. (yc) |
| Filing 120 CERTIFICATION of Interested Parties filed by Defendant King Kong USA Inc. (yc) |
| Filing 119 CERTIFICATION of Interested Parties filed by Defendant King Kong USA Inc. (yc) |
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Filing 118
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Valerie Baker Fairbank ORDERING Answer; Counterclaim to fFirst Amended Complaint submitted by Defendants Blair Hayes, WFO Imports LLC received on 5/252007 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ca)
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| Filing 117 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank : RE: Disputed term 5 and 6. (see minutes_. Accordingly the court construes a pretetermined distance"to mead"distance determined beforehand and not changed during uses, measured between the points on the revolvin gshaft where the opposing massage members are mounted. (yc, ) |
| Filing 127 ANSWER to second Amended Complaint, 105 and counterclaim first amended complaint. filed by defendants Blair Hayes, WFO Imports LLC.(yc) |
| Filing 123 CERTIFICATION of Interested Parties filed by Defendant WFO Imports LLC. (yc) |
| Filing 116 PROOF OF SERVICE Executed upon American Lighting Industry, Inc. served on 5/10/2007, answer due 5/30/2007. The Summons and Complaint were served by Substitute Serivce service, by Federal statute, upon Nicole w. Person in charge (white, female, 25 yrs, 5;2" 120 lbs blonde). Due Dilligence declaration NOT attached. Original Summons NOT returned. (yc, ) |
| Filing 115 PROOF OF SERVICE Executed upon Bernard Koay served on 5/10/2007, answer due 5/30/2007. The Summons and Complaint were served by Substituted, By leaving copies service, by Federal statute, upon Nicole w. Person in charge (white, Female, 25yrs, 5'2" 120lbs Blonde). Due Dilligence declaration NOT attached. Original Summons NOT returned. Paper were mail on 5/11/2007. (yc, ) |
| Filing 114 PROOF OF SERVICE filed by defendant King Kong USA Inc, re Supplement (non-motion) 113 , was served on 5/14/2007. (yc, ) |
| Filing 113 SUPPLEMENT, claim construction filed by Defendant King Kong USA Inc. (yc, ) |
| Filing 112 DECLARATION of David A. DIllard in support of plaintiffs supplemental claim construction brief. filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (yc, ) |
| Filing 111 SUPPLEMENT claim construction brief. filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K.. (yc, ) |
| Filing 110 SUPPLEMENT claim construction brief. filed by Defendant King Kong USA Inc. (yc, ) |
| Filing 109 SUPPLEMENT brief relating to the claim construction of United States patent No 6,629,940 filed by Defendant WFO Imports LLC. (yc, ) |
| Filing 108 SUPPLEMENT claim construction declaration., filed by Defendant King Kong USA Inc. (yc, ) |
| Filing 104 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank : Court on own motion continues Markman Hearing to 5/31/2007 at 03:00 PM.Court Reporter: none. (lc, ) |
| Filing 107 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (ca ) |
| Filing 106 CORPORATE DISCLOSURE STATEMENT filed by Counter Defendant Interactive Health LLC, Plaintiffs Interactive Health LLC, Daito Denki Kogyu K.K. (ca ) |
| Filing 105 SECOND AMENDED COMPLAINT against defendants American Lighting Industry, Inc., Blair Hayes, HealthFirst LLC, Bernard Koay, WFO Imports LLC, King Kong USA Inc amending Complaint - (Discovery) 1 , filed by plaintiffs/counterdefendants Daito Denki Kogyu K.K., Interactive Health LLC, Interactive Health LLC. (ca ) |
| Filing 100 MINUTES ( IN CHAMBERS ) held before Judge Valerie Baker Fairbank :, Resetting hearing as to EX PARTE APPLICATION for Hearing 87 The court CONTINUES THE MARKMAN HEARING TO FRIDAY, MAY 25TH, 2007 AT 2:3O p.m. Briefs shall be filed and served personally or by fax NO LATER THAN MONDAY 5/14/2007. Courtesy copies shall also be left at the box outside chambers no later than 5/14/2007. Motion set for hearing on 5/25/2007 at 02:30 PM before Judge Valerie Baker Fairbank.Court Reporter: None Present. (yc, ) |
| Filing 99 MINUTES before Judge Valerie Baker Fairbank :, RE: MOTION for Leave to to file a consolidated amended complaint 82 The court GRANTS plaintiff's motion for leave to amended and DENIES defendants' motion to dismiss.Court Reporter: None Present. (yc, ) |
| Filing 103 NOTICE of compliance with the 4/18/2007 order of Magistrate Judge paul L. Abrams filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 102 SUPPLEMENT claim construction declaration filed by Defendant King Kong USA Inc. (yc, ) |
| Filing 101 REPLY to defendants joint response in opposition to plaintiff's MOTION for Leave to to file a consolidated amended complaint 82 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 98 MINUTES OF Markman Hearing held before Judge Valerie Baker Fairbank : Court hears oral argument and the mnatter is taken under submission. Court Reporter: Sheri Kleeger. (yc, ) |
| Filing 125 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank: Tentative Claim Construction Order. *see document for further details* (pbap) |
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Filing 95
ORDER by Judge Paul L. Abrams : re fees and costs. NO LATER THAN ONE WEEK FROM THE DATE OF THIS ODER, defendant shlal provide plaintiff with payment in the amount of $10,941.71.(yc, )
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| Filing 96 JOINT RESPONSE in opposition to plaintiff's MOTION for Leave to to file a consolidated amended complaint 82 filed by Defendants WFO Imports and Blair Hayes. (yc, ) |
| Filing 92 DECLARATION of David A Dillard in support of plaintiffs opposition EX PARTE APPLICATION for Hearing 87 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 91 OPPOSITION to EX PARTE APPLICATION for Hearing 87 filed by plaintiff /counterdefendants Interactive Health LLC. (yc, ) |
| Filing 90 DECLARATION of Clement Cheng regarding service re EX PARTE APPLICATION for Hearing 87 filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 93 MINUTES ORDER REQUIRING DEFENDANT TO SERVE NOTICE ON DEFENDANT WFO IMPORTS LLC AND BLAIR HAYES. (IN CHAMBERS ORDER )before Judge Valerie Baker Fairbank :, RE: 87 Opposition papers shall be filed by 4:00pm on 4/12/2007. Counsel are ordered to deliver courtesy copies to the chambers of Judge Fairbank immediately upon filing such papers. Court Reporter: None Present. (yc, ) |
| Filing 89 MEMORANDUM of points and authorities and Declartion of Clement Cheng in support of EX PARTE APPLICATION for Hearing 87 filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 88 DECLARATION of Clement Cheng in support EX PARTE APPLICATION for Hearing 87 filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 87 EX PARTE APPLICATION to extend time for Marking Hearing. filed by defendant and counterclaimant King Kong USA Inc. Lodged PROPOSED ORDER. (yc, ) |
| Filing 86 NOTICE OF ERRATA filed by Defendant King Kong USA Inc. Response (non-motion) 80 (yc, ) |
| Filing 85 NON-CONFIDENTIAL DECLARATION OF David A Dillard in support of plaintiff MOTION for Leave to to file a consolidated amended complaint 82 filed by Plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 84 NOTICE OF LODGING OF PROPOSED re MOTION for Leave to to file a consolidated amended complaint 82 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 83 MEMORANDUM in Support of MOTION for Leave to to file a consolidated amended complaint 82 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 82 NOTICE OF MOTION AND MOTION for Leave to file a consolidated amended complaint filed by plaintiff/counterdefendant Interactive Health LLC. Motion set for hearing on 4/30/2007 at 01:30 PM before Judge Valerie Baker Fairbank. Lodged PROPOSED ORDER & 1st amended complaint. (yc, ) |
| Filing 81 DECLARATION of Clement Cheng filed by Defendant King Kong USA Inc in support of defendant KingKong, USA INc response to plaintiff's request for fees and costs. (yc, ) |
| Filing 80 RESPONSE to plaintiff's request for fees and costs. filed by Defendant King Kong USA Inc (yc, ) |
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Filing 76
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Valerie Baker Fairbank ORDERING Notice of change of Atty Info. submitted by Plaintiff Interactive Health LLC received on 2/22/2007 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, )
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| Filing 97 SECOND AMENDED NOTICE OF DOMPLIANCE WIHT THE MARCH 8, 2007 ORDER OF MAGISTRATE JUDGE PAUL L. ABRAMS. filed by Counter Claimant King Kong USA Inc, Defendant King Kong USA Inc. (yc, ) |
| Filing 75 MINUTES OF Telephone Conference held before Judge Valerie Baker Fairbank : Court and counsel confer re Markman Hearing set for 4/20/2007 at 1:30pm. The Markman hearing remains set for 4/20/2007 at 1:30pm. Counsel are ordered to appear.Court Reporter: bob Killion. (yc, ) |
| Filing 77 MINUTES ORDER held before Judge Valerie Baker Fairbank :, Set Hearings: Telephone Conference set for 4/3/2007 09:00 AM before Judge Valerie Baker Fairbank.Court Reporter: Court Reporter. (yc, ) |
| Filing 94 AMENDED NOTICE of Compliance with the March 8, 2007 Order, filed by defendant and counterclaimant King Kong USA Inc. (gg, ) |
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Filing 74
ORDER by Judge Valerie Baker Fairbank granting Stipulated Request to Continue Trial and Pretrial Dates 73 . Resetting Hearings and Deadlines as to Fact Discovery cut-off 8/17/2007. Initial Expert Disclosures 8/31/2007. Rebuttal Expert Disclosures 10/1/2007. Expert Discovery Cut-Off 10/19/2007. Motion Hearing Cut-Off 11/5/2007. Final Pretrial Conference continued to 11/19/2007 02:30 PM before Judge Valerie Baker Fairbank. Jury Trial continued to 12/3/2007 08:30 AM before Judge Valerie Baker Fairbank.(gk, )
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| Filing 73 STIPULATED REQUEST to Continue Trial and Pretrial Dates. Lodged Proposed Order. (gk, ) |
| Filing 78 DECLARATION of GARY DUKARICH for Fees and Costs, Pursuant to this Court March 8, 2007 Order #61 filed by Plaintiff Interactive Health LLC. (jp) |
| Filing 72 MINUTES IN CHAMBERS before Judge Valerie Baker Fairbank: MARKMAN HEARING. The Markman Hearing previously set for 2/26/2007 at 10:00 AM., has been RESET for 4/20/2007 at 01:30 PM. IT IS SO ORDERED. Court Reporter: None Present. (jp) |
| Filing 71 SEALED DOCUMENT-DECLARATION of Gary Dukarich re MOTION to Compel 53 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ). (kyc). |
| Filing 63 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank : On the Courts own motion, the Telephonic Status Conference set for 4/26/07 at 5:00 pm is vacated.Court Reporter: none present. (bg, ) |
| Filing 62 MINUTES: (IN CHAMBERS) TRANSFER OF CASE TO JUDGE FAIRBANK: This action has been reassigned to the Honorable Valerie Baker Fairbank, United States District Judge. The Magistrate judges assignment remains the same. Please substitute the initials VBF in place of the initials MMM. Case number will now read CV06-1902 VBF(PLAx). As documents are routed using the judges initials, it is important to use the correct initials on all subsequent filings. Judge Fairbank Courtroom Deputy Clerk, Rita Sanchez, can be reached at 213-894-0066 or at rita_sanchez@cacd.uscourts.gov. Judge Fairbank is located in Courtroom 9 on the Spring Street level of the US Courthouse at 312 North Spring Street. Additional information about Judge Fairbank procedures and schedule can be found on the court website at www.cacd.uscourts.gov by Judge Valerie Baker Fairbank Court Reporter: None Present (klg, ) |
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Filing 61
ORDER by Judge Paul L. Abrams RE: PLAINTIFF'S MOTION TO COMPEL 53 PRODUCTION, FOR SANCTIONS, AND TO DETERMINE PRODUCTION TERMS. The hearing scheduled for 3/13/07, is ORDERED OFF CALENDAR. Plaintiff's Motion is GRANTED IN PART. NO LATER THAN 3/22/07, if plaintiff is seeking to receive its reasonable expenses in connection with bringing this Motion, it shall file with the Court a declaration setting forth those expenses. NO LATER THAN 4/5/07, defendant may file a response to plaintiff's declaration. [See Order for further details.] (ch, )
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| Filing 70 OBJECTIONS to Declaration (non-motion) 67 filed by Plaintiff Interactive Health LLC. (yc, ) |
| Filing 69 NOTICE regarding standing issues of interactive Health filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
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Filing 60
APPLICATION AND ORDER by Judge Paul L. Abrams,FILE CONFIDENTIAL. Declaration of Gary Dukarich under seal. IT IS HEREBY ORDERED that the confidential declaration of Gary dukarich filed in support of interactive health motion to compel productions for sanctions and to determine production terms along with its exhibits be filed under seal. (yc, )
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| Filing 68 OBJECTIONS to Exhibit 4 of Dukarich Declaration 66 filed by Defendant King Kong USA Inc. (jp) |
| Filing 67 DECLARATION of BERNARD KOAY filed by Defendant King Kong USA Inc. (jp) |
| Filing 66 DECLARATION of Gary Dukarich in Support of Motion to Compel Production, for Sanctions, and to Determine Production Terms 53 filed by Plaintiff/Counterdefendant Interactive Health LLC. (gk, ) |
| Filing 65 SUPPLEMENTAL MEMORANDUM Re Its Motion to Compel, etc. 53 filed by Plaintiff/Counterdefendant Interactive Health LLC. (gk, ) |
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Filing 59
ORDER OF THE CHIEF JUDGE (#07-045) approved by Chief District Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Judge Valerie Baker Fairbank, this case is transfered from Judge Margaret M. Morrow to the calendar of Judge Valerie Baker Fairbank for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-1902 VBF (PLAx).(rn, )
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| Filing 64 NOTICE regarding Standing of Plaintiff Relating to United States Patent Number 6,629,940 filed by Defendants WFO Imports LLC, and Blair Hayes (ir, ) |
| Filing 57 MINUTES held before Judge Margaret M. Morrow : In light of the impending transfer of this case to the Honorable Judge Valerie Baker Fairbank, the court vacates the Markman Hearing currently set for 2/26/2007 at 10:00am. The hearing will be reset by Judge Fairbank at a time convenient to her calendar. Court Reporter: Not Available. (yc, ) |
| Filing 56 DECLARATION of Gary Dukarich re MOTION to Compel 53 filed by Plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 55 JOINT STIPULATION FOR PLAINTIFF re MOTION to Compel 53 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 54 DECLARATION of Lisa Case re MOTION to Compel 53 filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 53 NOTICE OF MOTION AND MOTION to Compel production, for sanctions and to determine production terms. filed by plaintiff/counterdefendant Interactive Health LLC. Motion set for hearing on 3/13/2007 at 10:00 AM before Judge Paul L. Abrams. (yc, ) Modified on 3/7/2007 (ch, ). |
| Filing 52 NOTICE OF CLERICAL ERROR: Due to clerical error Re: In Chambers Order/Directive - no proceeding held 51 was docket on wrong case number. this minute should have been on case number 06-612-GPS(FMOx) (yc, ) |
| Filing 51 MINUTES held before Judge George P. Schiavelli : The court therefore deems the action stipulation a dismissal of the entire action and the order to show cause issued 1/29/2007 is vacated as being moot. Court Reporter: Not Present. (yc, ) |
| Filing 50 JOINT filed by Plaintiff Interactive Health LLC cliam construction claim chart (Non-Motion) 39 . (yc, ) |
| Filing 58 MINUTES ORDER held before Judge Margaret M. Morrow : The court concludes that the case involve common issued of law or fact that warrant consolidation under rule 42(a) of the Federal Rules of Civil Procedure. As th ecases has been place don similar schedules, further consolidation will not result in delay to any party. Accordingly, the court orders CV06-3499 MMM(FMOx) and CV06-1902 MMM(PLAx) consolidated for all purposes.Court Reporter: Not Available. (yc, ) |
| Filing 46 MINUTES held before Judge Margaret M. Morrow : The parties are directed to file a JOINT claim construction chart by 2/9/2007 setting forth the disputed claims and each party's proposed construction of the claims. The parties must deliver a conformed courtesty copy of the chart to CHAMBERS in the ROYBAL BUILDING by 5:00pm. on the day of filing. Court Reporter: Not Available. (yc, ) |
| Filing 49 RESPONSIVE CLAIM CONSTRUCTON BRIEF. filed by Plaintiff Interactive Health LLC (yc, ) |
| Filing 48 REPLY to plaintiff constructin brief. filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 47 RESPONSE Brief relating to the claims construction of United States patent No. 6,629,940 filed by Defendant King Kong USA Inc (yc, ) |
| Filing 79 NOTICE of Association of Counsel associating attorney Christine Yang on behalf of Defendant King Kong USA Inc. Filed by defendants King Kong USA, Inc (bb, ) |
| Filing 43 MINUTES held before Judge Margaret M. Morrow : regarding order directing parties to consolidate discovery and briefing of the alleged invalidity of United states Patent No 6,629,940. The court understands that some parties contend that consolidation of the cases for trial would be inappropriate. it will consider the parties positions regarding further consolidation of the cases at a later date.Court Reporter: Not Available. (yc, ) |
| Filing 42 JOINT STATUS REPORT concerning consolidation of issues relating to the invalidity of United Statees patent No 6,629,940. filed by WFO Imports and Blair Hayes. (yc, ) |
| Filing 41 DECLARATION of Hans Dehli re Brief (non-motion non-appeal) 38 filed by Plaintiff Interactive Health LLC. (yc, ) |
| Filing 40 DECLARATION of Gary Dukarich re Brief (non-motion non-appeal) 38 filed by Plaintiff Interactive Health LLC. (yc, ) |
| Filing 39 AMENDED CLAIMCONSTRUCTION CLAIM CHART filed by Plaintiff Interactive Health LLC. 38 (yc, ) |
| Filing 38 OPENING CLAIM CONSTRUCTION BRIEF FILED filed by plaintiff/counterdefendant Interactive Health LLC. 36 . (yc, ) |
| Filing 45 Clement Cheng's declaration relating to King Kong USA, Inc.'s claim construction brief filed by Defendant King Kong USA Inc. (bp, ) |
| Filing 44 OPPOSITION to plaintiff Interactive Health, LLC's claim construction brief filed by Defendant King Kong USA Inc. (bp, ) |
| Filing 37 DECLARATION of Tim Walker in supporrt of opening brief relating to the claim constuction of United States Patent No 6,629,40 34 filed by Defendant King Kong USA Inc. (yc, ) |
| Filing 36 OPENING BRIEF relaing to the claim construction of United States Patent No 6,629,940. FILED filed by defendants King Kong USA Inc 35 . (yc, ) |
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Filing 33
ORDER by Judge Margaret M. Morrow, re MOTION to Amend/Correct 20 is granted. If despite these orders, KingKong nonetheless wishes to fiel an amended answser, it must do so no later than 1/30/2007.(yc, )
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| Filing 32 FIRST AMENDED COMPLAINT against defendant King Kong USA Inc amending Complaint - (Discovery) 1 demandfor jury trial.,filed by plaintiff/counterdefendant Interactive Health LLC (yc, ) |
| Filing 35 CLAIM CONSTRUCTION CHART filed by Counter Defendant, Plaintiff Interactive Health LLC(jj, ) |
| Filing 34 CLAIM CONSTRUCTION CHART filed by Counter Claimant, Defendant King Kong USA Inc(jj, ) |
| Filing 31 MINUTES Hearing before Judge Margaret M. Morrow :, RE: MOTION to Amend/Correct 20 The hearing calendared for 1/8/2007 is hereby vacated and the motion taken off calendar. The matter will be deemed submitted on the vacated hearing date, and the clerk will notify the parties when the court has reached a decison. Court Reporter: Not Available. (yc, ) |
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Filing 28
STIPULATION AND ORDER by Judge Paul L. Abrams :, PROTECTIVE ORDER IT IS HEREBY ORDERED that this protective order shall govern the disclosure of certain information as defined in Section 1(b) herein, belonging to or provided in the action by any party to the action or any third party. (see file)(yc, )
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| Filing 30 DECLARATION of Gary Dukarich re MOTION to Amend/Correct 20 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 29 REPLY to MOTION to Amend/Correct 20 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 26 INITIAL DISCLOSURE under rule 26(a) (1) filed by Counter Claimant King Kong USA Inc, Defendant King Kong USA Inc. (et) |
| Filing 25 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Michael R. Diliberto may serve as Attorney Settlement Officer for a Local Rule 16-14 Settlement Conference.(yc, ) |
| PLACED IN FILE - NOT USED re Stipulated protective order re confidentiality and stipulation therefor submitted by plaintiff Interactive Health LLC. (yc, ) |
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Filing 19
MEMORANDUM AND ORDER by Judge Paul L. Abrams,RE PARTIES STIPULATED PROTECTIVE ORDER. The court is unable to adopt the protective order as stipulated to by the parties for the following reasons. (see file for details) (yc, )
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| Filing 24 OPPOSITION to MOTION to Amend/Correct 20 filed by defendant and counterclaimant King Kong USA Inc. (yc, ) |
| Filing 18 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow : Any opposition by defendant King Kong (USA) Inc must be filed no later than 11/20/2006. Any reply by plaintiff must be filed no later than 12/11/2006. The court requests that the parties deliver a conformed courtesy copy to Chamber in the Royal Building on the day of filing. Court Reporter: Not Available. (yc, ) |
| Filing 23 NOTICE OF LODGING proposed first amended complaint filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 22 DECLARATION of Gary Dukarich in support of MOTION to Amend/Correct 20 filed by plaintiff/counterdefendant Interactive Health LLC. (yc, ) |
| Filing 21 MEMORANDUM of points and authorities in Support of MOTION to Amend/Correct 20 filed by plaintiff/countertdefendant Interactive Health LLC. (yc, ) |
| Filing 20 NOTICE OF MOTION AND MOTION for leave to Amend and supplement complaint. filed by plaintiff/counterdefendant Interactive Health LLC. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Margaret M. Morrow. (yc, ) |
| Filing 17 PLAINTIFF INTERACTIVE HEALTH LLC'S RESPONSE TO ORDER TO SHOW CAUSE RE CONSOLIDATION #11 filed by Counter Defendant Interactive Health LLC, Plaintiff Interactive Health LLC(shb, ) |
| Filing 27 CONTINUED SCHEDULING CONFERENCE held before Judge Margaret M. Morrow. Final Pretrial Conference set for 7/23/2007 09:00 AM. Jury Trial set for 8/28/2007 08:30 AM. Further Telephone Conference set for 4/26/2007 05:00 PM. Deadline to file motions/stipulations seeking amendment of pleadings: 10/23/2006. Claim construction opening briefs 01/08/2007. Claim construction responsive briefs 01/22/2007. Claim construction hearing 02/12/2007 @ 10:00 AM. Fact discovery cut-off 05/25/2007. Initial expert disclosures 03/23/2007. Rebuttal expert disclosures 04/20/2007. Expert discovery cut-off 05/25/2007. Motions hearing cut-off 06/25/2007 @ 10:00 AM. The parties are directed to the Attorney Settlement Officer Panel for settlement conference to be completed no later than 06/15/2007. (See Order/Referral to ADR Pilot Program). Court Reporter: Mark Schweitzer. (ah) |
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Filing 16
ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Margaret M. Morrow. Case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference. Settlement conference shall be completed no later than 06/15/2007. (ah)
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| Filing 15 Joint Report of Counsel for Continued Scheduling Conference. (gk, ) |
| Filing 12 MINUTES OF Scheduling Conference held before Judge Margaret M. Morrow: The Court and the parties discuss the status of the case. The Court CONTINUES the Scheduling Conference to 9/25/2006 at 09:00 AM. and directs the following: The defendant is directed to provide preliminary sales data to plaintiff no later than 9/5/2006. Defendant shall provide final sales data to plaintiff no later than 9/18/2006. Counsel are directed to meet and confer regarding provisions of information, whether the product has been withdrawn from the market. A joint report regarding the status of the case shall be filed no later than 9/21/2006. Said report shall indicate whether or not the case has been resolved. If the case does not resolve, said report shall set forth a proposed Claim Construction schedule for the filing of Claim Construction chart briefs. The Markman Hearing shall be set for 1/22/2007 at 10:00 AM. Court Reporter: Mark Schweitzer. (jp) |
| Filing 14 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10 court days. (kks ) |
| Filing 13 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney Gary S Dukarich, Duncan M Palmatier(kks ) |
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Filing 11
STIPULATION AND ORDER by Judge Margaret M. Morrow :, IT IS HEREBY ORDERED that responses to this court's OSC dated 6/13/2006 by the parties in this action and by the defendant in case CV06-3499 shall be submitted no later than fifteen days after the defendant in case CV06-3499 appears. IT IS FURTHER ORDERED that Interactive Health LLC shall serve a copy of this court's OSC dated 6/13/2006 and a copy of the present order on the defendant in case CV06-3499 along with the summons and complaint serve in that case.(yc, )
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| Filing 10 MINUTES held before Judge Margaret M. Morrow :, Set Hearings: Scheduling Conference set for 8/28/2006 09:00 AM before Judge Margaret M. Morrow. Counsel are directed to comply with rule 26(f) of the Federal Rules of civil procedure i a timely fashion and to file a joint rule 26(f) report on or before 8/18/2006.Court Reporter: Not Available. (yc, ) |
| Filing 9 MINUTES held before Judge Margaret M. Morrow :,Accordingly the parties are ordered to show cause on or before 6/20/2006, why consolidation should not be ordered. If the parties do not oppose consolidation, they are directed to submit a proposed stipulation and order consolidating the cases on or before 1/20. The cour will consider the stipulation to be an adequate response to the oder to show cause. Court Reporter: Not Available. (yc, ) |
| Filing 8 ANSWER to Counterclaim 7 filed by plaintiff/counterdefendant Interactive Health LLC.(yc, ) |
| Filing 7 ANSWER to Complaint - (Discovery) 1 and COUNTERCLAIM against Interactive Health LLC filed by Defendant and counterclaimiant King Kong USA Inc.(yc, ) |
| Filing 6 certification of Interested Parties filed by Defendant King Kong USA Inc. (yc, ) |
| Filing 5 PROOF OF SERVICE Executed upon King Kong USA Inc served on 5/10/2006, answer due 5/30/2006. The Summons and Complaint were served by delivering to and leaving with service, by Statue not indicated statute, upon Eunice Griffith, Executive assistant to president. Due Dilligence declaration not attached. Original Summons not returned. (yc, ) |
| Filing 4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jag, ) |
| Filing 3 NOTICE of Related Case(s) filed by plaintiff Interactive Health LLC. (jag, ) |
| Filing 2 CERTIFICATION of Interested Parties filed by Plaintiff Interactive Health LLC. (jag, ) |
| Filing 1 COMPLAINT against defendant King Kong USA Inc. (Filing fee $250) Jury Demand. filed by plaintiff Interactive Health LLC.(jag, ) |
| 20-Day Summons Issued re Complaint - (Discovery) 1 as to King Kong USA Inc. (jag, ) |
| REPORT ON THE FILING OF AN ACTION REGARDING PATENTS (cc: form mailed to Washington, D.C.) (Opening) (jag, ) |
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