Ball Metal Beverage Container v. Crown Packaging Technology
| BALL METAL BEVERAGE CONTAINER CORPORATION |
| CROWN CORK & SEAL USA, INC. and CROWN PACKAGING TECHNOLOGY, INC. |
| REXAM BEVERAGE CAN CO. |
| 20-1212 |
| December 6, 2019 |
| U.S. Court of Appeals, Federal Circuit |
| Patent Infringement (Fed. Question) |
Opinions
We have the following opinions for this case:
| Description |
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| BALL METAL BEVERAGE CONTAINER v. CROWN PACKAGING TECHNOLOGY |
Docket Report
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Filing 55
Mandate issued to the United States District Court for the Southern District of Ohio. Service as of this date by the Clerk of Court. [754507] [JCP] [Entered: 02/08/2021 01:43 PM]
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Filing 54
JUDGMENT. VACATED AND REMANDED. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [746162] [MJL] [Entered: 12/31/2020 09:39 AM]
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Filing 53
OPINION filed for the court by Wallach, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Nonprecedential Opinion. [746161] [MJL] [Entered: 12/31/2020 09:38 AM]
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Filing 52
Submitted after ORAL ARGUMENT to Panel: Wallach, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Arguing counsel: John Frank Murphy for Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. and John David Luken for Rexam Beverage Can Co. and Ball Metal Beverage Container Corporation. Oral Argument Audio available # here . [741088] [JAB] [Entered: 12/08/2020 12:21 PM]
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Filing 51
Clerk's letter to Appellants Crown Cork & Seal USA, Inc., Crown Packaging Technology, Inc. and Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [736895] [JAB] [Entered: 11/19/2020 11:23 AM]
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Filing 50
Response to notice of oral argument from Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 11/11/2020 by email. [734914] [20-1212] [John Luken] [Entered: 11/11/2020 12:35 PM]
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Filing 49
Response to notice of oral argument from Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 11/04/2020 by email. [733505] [20-1212] [John Murphy] [Entered: 11/04/2020 09:50 AM]
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Filing 48
NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2012F. Case scheduled December 8, 2020. Response to Notice of Oral Argument due: 11/16/2020. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . Service as of this date by the Clerk of Court. [730580] [JAB] [Entered: 10/21/2020 02:18 PM]
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Filing 44
The following conflict dates submitted by John Frank Murphy for Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. have been accepted by the court: 03/01/2021, 03/02/2021, 03/03/2021, 03/04/2021, 03/05/2021. [721862] [JAB] [Entered: 09/15/2020 03:56 PM]
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Filing 43
Notice from Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc. regarding conflicts with oral argument. Service: 09/15/2020 by email. [721825] [20-1212] [John Murphy] [Entered: 09/15/2020 02:24 PM]
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Filing 42
Notice from Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc. regarding conflicts with oral argument. None. Service: 08/24/2020 by email. [716874] [20-1212] [John Murphy] [Entered: 08/24/2020 11:23 AM]
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Filing 41
Notice from Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. regarding conflicts with oral argument. None. Service: 08/21/2020 by email. [716516] [20-1212] [John Luken] [Entered: 08/21/2020 12:20 PM]
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Filing 40
Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [715145] [JAL] [Entered: 08/17/2020 10:40 AM]
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Filing 39
Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before August 31, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [715144] [JAL] [Entered: 08/17/2020 10:40 AM]
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Filing 38
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 08/13/2020 by email. [714759] [20-1212] [John Luken] [Entered: 08/13/2020 02:49 PM]
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Filing 37
MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED for Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. and Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. Number of Pages: 1161. Service: 08/13/2020 by email. [714757]--[Edited 08/14/2020 by JAL - Compliance review complete] [John Murphy] [Entered: 08/13/2020 02:48 PM]
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Filing 36
MODIFIED ENTRY: APPENDIX FILED for Appellants Crown Cork & Seal USA, Inc.and Crown Packaging Technology, Inc. and Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. Number of Pages: 1136. Service: 08/13/2020 by email. [714744] --[Edited 08/14/2020 by JAL - Compliance review complete] [John Murphy] [Entered: 08/13/2020 02:17 PM]
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Filing 35
Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Crown Packaging Technology, Inc., Crown Cork & Seal USA, Inc. and Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 08/13/2020 by email. [714734] [20-1212] [John Murphy] [Entered: 08/13/2020 01:54 PM]
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Filing 34
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 08/13/2020 by email. [714730] [20-1212] [John Murphy] [Entered: 08/13/2020 01:48 PM]
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Filing 33
ORDER granting motion to extend time to file the joint appendix [ # 32 ] filed by Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. The joint appendix is due no later than August 13, 2020. Service as of this date by the Clerk of Court. [711734] [LMS] [Entered: 08/03/2020 07:44 AM]
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Filing 32
MOTION of Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc. to extend the time to 08/13/2020 to file the appendix. [Consent: unopposed]. Service: 07/30/2020 by email. [711377] [20-1212] [John Murphy] [Entered: 07/30/2020 03:42 PM]
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Filing 31
**TEXT ONLY** ORDER granting motion to extend time to file appendix [ # 30 ] filed by Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. The appendix is due 08/06/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [704932] [JAL] [Entered: 07/01/2020 02:05 PM]
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Filing 30
MOTION of Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc. to extend the time to 08/06/2020 to file the appendix. [Consent: unopposed]. Service: 06/30/2020 by email. [704728] [20-1212] [John Murphy] [Entered: 06/30/2020 05:20 PM]
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Filing 29
MODIFIED ENTRY: REPLY BRIEF FILED for Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. Number of Pages: 30. Service: 06/30/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [704726] --[Edited 07/01/2020 by JAL - Compliance review complete] [John Murphy] [Entered: 06/30/2020 05:14 PM]
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Filing 28
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 27 ] filed by Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. The reply brief is due 06/30/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [698388] [JAL] [Entered: 06/01/2020 05:21 PM]
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Filing 27
MOTION of Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc. to extend the time to 06/30/2020 to file the Reply Brief. [Consent: unopposed]. Service: 06/01/2020 by email. [698281] [20-1212] [John Murphy] [Entered: 06/01/2020 02:13 PM]
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Filing 26
MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. Number of Pages: 64. Service: 05/14/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief. See Fed. Cir. R. 31. [694664]--[Edited 05/15/2020 by JAL - Compliance review complete] [John Luken] [Entered: 05/14/2020 03:31 PM]
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Filing 25
Notice of Correction to Doc No. [ # 21 ] for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 05/14/2020 by email. [694663] [20-1212] [John Luken] [Entered: 05/14/2020 03:27 PM]
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Filing 24
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 23 ] filed by Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. The reply brief is due 06/16/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [692711] [JAL] [Entered: 05/07/2020 09:11 AM]
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Filing 23
MOTION of Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc. to extend the time to 06/16/2020 to file the Appellants Reply Brief. [Consent: unopposed]. Service: 05/06/2020 by email. [692541] [20-1212] [John Murphy] [Entered: 05/06/2020 11:19 AM]
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Filing 22
Entry of appearance for John M. Whealan as of counsel for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 05/05/2020 by email. [692431] [20-1212] [John Luken] [Entered: 05/05/2020 11:43 PM]
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Filing 21
MODIFIED ENTRY: RESPONSE BRIEF FILED for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. Number of Pages: 64. Service: 05/05/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [692429] --[Edited 05/06/2020 by JAL - Compliance review complete] This document has been corrected. See Doc No.[ # 26 ] [John Luken] [Entered: 05/05/2020 11:14 PM]
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Filing 20
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 19 ] filed by Appellees Rexam Beverage Can Co. and Ball Metal Beverage Container Corporation. The response brief is due 05/05/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [682223] [JAL] [Entered: 03/27/2020 08:56 AM]
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Filing 19
MOTION of Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. to extend the time to 05/05/2020 to file the Appellees' brief. [Consent: unopposed]. Service: 03/26/2020 by email. [682031] [20-1212] [John Luken] [Entered: 03/26/2020 01:30 PM]
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Filing 18
**TEXT ONLY** ORDER granting motion to extend time to file brief [ # 17 ] filed by Appellees Rexam Beverage Can Co. and Ball Metal Beverage Container Corporation. The response brief is due 04/14/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [671349] [JAL] [Entered: 02/14/2020 10:32 AM]
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Filing 17
MOTION of Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co. to extend the time to 04/14/2020 to file the Appellees' Responsive Brief. [Consent: unopposed]. Service: 02/13/2020 by email. [671219] [20-1212] [John Luken] [Entered: 02/13/2020 06:46 PM]
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Filing 16
MODIFIED ENTRY: OPENING BRIEF FILED for Appellants Crown Cork & Seal USA, Inc. and Crown Packaging Technology, Inc. Number of Pages: 67. Service: 02/04/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [668435] --[Edited 02/05/2020 by JAL - Compliance review complete] [John Murphy] [Entered: 02/04/2020 06:10 PM]
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Filing 15
REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [665664] [JAL] [Entered: 01/23/2020 04:48 PM]
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Filing 14
Docketing Statement for the Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658100] [20-1212] [John Luken] [Entered: 12/20/2019 11:44 AM]
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Filing 13
Certificate of Interest for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658096] [20-1212] [John Luken] [Entered: 12/20/2019 11:40 AM]
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Filing 12
Entry of appearance for Oleg Khariton as of counsel for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658093] [20-1212] [John Luken] [Entered: 12/20/2019 11:37 AM]
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Filing 11
Entry of appearance for Lauren E. Ingebritson as of counsel for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658092] [20-1212] [John Luken] [Entered: 12/20/2019 11:34 AM]
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Filing 10
Entry of appearance for Brian S. Sullivan as of counsel for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658090] [20-1212] [John Luken] [Entered: 12/20/2019 11:32 AM]
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Filing 9
Entry of appearance for Joshua A. Lorentz as of counsel for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658088] [20-1212] [John Luken] [Entered: 12/20/2019 11:29 AM]
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Filing 8
Entry of appearance for John D. Luken as principal counsel for Appellees Ball Metal Beverage Container Corporation and Rexam Beverage Can Co.. Service: 12/20/2019 by email. [658085] [20-1212] [John Luken] [Entered: 12/20/2019 11:24 AM]
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Filing 7
Certificate of Interest for Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 12/12/2019 by email. [656053] [20-1212] [John Murphy] [Entered: 12/12/2019 01:37 PM]
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Filing 6
Docketing Statement for the Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 12/12/2019 by email. [656052] [20-1212] [John Murphy] [Entered: 12/12/2019 01:36 PM]
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Filing 5
Entry of appearance for Aaron B. Rabinowitz as of counsel for Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 12/12/2019 by email. [656044] [20-1212] [Aaron Rabinowitz] [Entered: 12/12/2019 01:22 PM]
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Filing 4
Entry of appearance for Daniel J. Goettle as of counsel for Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 12/12/2019 by email. [656041] [20-1212] [Daniel Goettle] [Entered: 12/12/2019 01:15 PM]
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Filing 3
Entry of appearance for Alaina J. Lakawicz as of counsel for Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 12/12/2019 by email. [656040] [20-1212] [Alaina Lakawicz] [Entered: 12/12/2019 01:09 PM]
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Filing 2
Entry of appearance for John F. Murphy as principal counsel for Appellants Crown Packaging Technology, Inc. and Crown Cork & Seal USA, Inc.. Service: 12/12/2019 by email. [656027] [20-1212] [John Murphy] [Entered: 12/12/2019 12:48 PM]
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Filing 1
Appeal docketed. Received: 12/04/2019. [654478] Entry of Appearance is due 12/20/2019. Certificate of Interest is due on 12/20/2019. Docketing Statement is due 12/20/2019. Appellant's brief is due 02/04/2020. [JAL] [Entered: 12/06/2019 09:31 AM]
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