Shop*TV, Inc. v. Bed Bath & Beyond, Inc. et al
| Shop*TV, Inc. |
| Bed Bath & Beyond, Inc. and Eagle Home Products, Inc. |
| 1:2009cv00057 |
| January 14, 2009 |
| US District Court for the District of Colorado |
| Patent Office |
| Denver |
| Robert E. Blackburn |
| Craig B Shaffer |
| Plaintiff |
| Federal Question |
| 35:271 Patent Infringement |
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Filing
111
ORDER OF DISMISSAL. The Stipulation of Dismissal of Claims and Counterclaims 110 is APPROVED. This action is Dismissed With Prejudice with the parties to pay their own attorney fees and costs. By Judge Robert E. Blackburn on 02/17/2010. (sah, )
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Filing
104
(WITHDRAWN) ORDER. The Recommendation of United States Magistrate Judge 86 filed 01/19/2010, is APPROVED AND ADOPTED IN PART as an order of this court and is REJECTED IN PART. The Recommendation is APPROVED AND ADOPTED insofar asit recommends that defendants motion for summary judgment be granted as toplaintiffs First Claim for Relief for patent infringement. The Recommendation further is APPROVED AND ADOPTED insofar as it recommends that plaintiffs motion for partial summary judgment be denie d. The Recommendation is respectfully REJECTED insofar as it recommends that defendants motion for summary judgment be denied as to plaintiffs Second Claim for Relief for trade dress infringement. Plaintiffs objections stated in Plaintiffs Objectio ns to the Recommendation of United States Magistrate Judge 91 filed 01/29/2010are OVERRULED. Defendants objections stated in Defendants Objection toRecommended Decision 93 filed 01/29/2010, is OVERRULED IN PART andSUSTAINED IN PART. Defendants Mo tion for Summary Judgment 49 filed 10/30/2009 GRANTED IN PART and DENIED IN PART. Plaintiffs Motion for Partial Summary Judgment 50 filed 10/30/2009, is DENIED. By Judge Robert E. Blackburn on 02/03/2010.(sah, ) Modified on 2/17/2010 to WITHDRAW pursuant to the Order dated 02/17/2010 (sah, ).
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Filing
86
Recommendation of United States Magistrate Judge. It is RECOMMENDED that Defendants Motion for Summary Judgment 49 be GRANTED IN PART and summary judgment be entered in favor of Defendants and against Plaintiff on the First Claim for Relief for pa tent infringement and DENIED IN PART on the Second Claim for Relief for trade dress infringement and that Plaintiffs Motion for Partial Summary Judgment 50 be DENIED. IT IS ORDERED that Plaintiffs Motion to Strike Portions of the Second Declaratio n of Robert Chemtob [54-9] 61 is DENIED without prejudice as the court did not consider paragraphs 8-11 of Robert Chemtobs Second Declaration (doc. # 54-9) in evaluating ShopTVs Motion for Partial Summary Judgment. By Magistrate Judge Craig B. Shaffer on 01/19/2010. (sah, )
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Filing
75
COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 12/18/2009 regarding # 49 Motion for Summary Judgment, # 50 Motion for Partial Summary Judgment, and # 61 Motion to Strike Portions of the Second Declaration of Robert Chemtob. Motions are taken under advisement by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
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Filing
66
COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Final Pretrial Conference held on 12/8/2009. ORDERED: Defendant's Unopposed, Combined Motion # 58 for (1) Leave to File a Supplement Brief in Oppos ition to Plaintiff's Motion for Partial Summary Judgment is GRANTED; and (2) Leave to reopen the Depositions of Kenneth A. Bagus and Lee G. Meyer is GRANTED. ORDERED: A Motions Hearing is set for DECEMBER 18, 2009 at 11:00 a.m. in Courtroom A40 2 before Magistrate Judge Craig B. Shaffer to hear arguments on Defendants' Motion for Summary Judgment, # 49 ; Plaintiff's Motion for Partial Summary Judgment, # 50 ; and Plaintiff's Motion to Strike Portions of the Second Declaration of Robert Chemtob (Dkt. 54-9), # 61 . ORDERED: A Settlement Conference is set for DECEMBER 18, 2009 at 1:30 p.m. in Courtroom A402 before Magistrate Judge Craig B. Shaffer. Confidential Updated Settlement Statements are due on or before DECEMBER 15, 2009 by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
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Filing
45
MINUTE ORDER granting 43 Defendants Unopposed Motion for Leave to File SecondAmended Answer and Counterclaims. Defendants Second Amended Answer and Counterclaims (doc no. 43-2), tendered to the court on 10/29/2009, is accepted for filing as of the date of this order. By Magistrate Judge Craig B. Shaffer on 10/30/2009.(sah, )
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Filing
37
ORDER. The Recommendation of United States Magistrate Judge 35 , filed 06/15/2009, is APPROVED AND ADOPTED. That U.S. Design Patent D564,219 is construed as follows: The design for a travel kit, used as a transparent, sealable receptacle for the included containers of specific configuration and volumetric capacity, as demonstrated in Figures 1 through 7. By Judge Robert E. Blackburn on 07/08/2009.(sah, )
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Filing
35
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. That the 1 219 patent be construed as: "The design for a travel kit, used as a transparent, sealable receptacle for the included containers of specific configuration and volumetric capacity, as demonstrated in Figures 1 through 7". By Magistrate Judge Craig B. Shaffer on 06/15/2009. (sah, )
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Filing
25
MINUTE ORDER granting 23 Defendants Unopposed Motion to File Amended Answer and Counterclaims. Defendants Amended Answer and Counterclaims (doc no. 23-2), tendered to the court on 04/24/2009, is accepted for filing as of the date of this order by Magistrate Judge Craig B. Shaffer on 04/24/2009.(sah, )
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Filing
22
STIPULATED PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer on 04/10/2009. (sah, )
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Filing
14
TRIAL PREPARATION CONFERENCE ORDER: Five (5) Day Jury Trial set for 2/8/2010 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 1/22/2010 at 09:30 AM in Courtroom A1001 before Judge Robert E. Blackburn by Judge Robert E. Blackburn on 03/20/2009. (sah, )
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Filing
7
ORDER. A Scheduling and Planning Conference is set for 3/20/2009 10:45 AM in Courtroom A 402. Signed by Magistrate Judge Craig B Shaffer on 01/26/2009. (sah, )
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