Predator International, Inc. v. Gamo Outdoor USA, Inc.
Plaintiff: Predator International, Inc.
Defendant: Gamo Outdoor USA, Inc.
Case Number: 1:2009cv00970
Filed: April 28, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Philip A. Brimmer
Presiding Judge: Kathleen M. Tafoya
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 0101 (35:101 Patent Infringement)
Jury Demanded By: Both
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Date Filed Document Text
August 5, 2015 Opinion or Order Filing 599 ORDER. ORDERED that the Court's January 17, 2014 Order 439 is VACATED. ORDERED that the Motion for Sanctions Pursuant to Fed. R. Civ. P. 11 and 28 U.S.C. § 1927 filed by defendant Gamo Outdoor USA, Inc. and former defendant Industrias El Gamo S.A. 66 is DENIED. Entered by Judge Philip A. Brimmer on 08/05/15. (jhawk, )
August 14, 2014 Opinion or Order Filing 590 ORDER denying 587 Motion Under Fed. R. Civ. P. 59 by Judge Philip A. Brimmer on 08/14/14.(jhawk, )
June 25, 2014 Opinion or Order Filing 584 ORDER denying 582 Joint Motion to Dismiss by Judge Philip A. Brimmer on 06/25/14.(jhawk, )
June 16, 2014 Opinion or Order Filing 579 ORDER. Ordered that the Joint Motion to Vacate Sanctions Order and Withdraw Motion for Sanctions 578 is Denied by Judge Philip A. Brimmer on 06/16/14.(jhawk, )
April 21, 2014 Opinion or Order Filing 576 MINUTE ORDER granting 571 Motion to Stay Responses. ORDERED that designations of deposition testimony for the trial set to begin on August 19, 2014 shall be filed on or before Tuesday, June 17, 2014. Counterdesignations shall be filed on or before Wednesday, July 2, 2014. ORDERED that witness and exhibit lists shall be filed on or before Monday, July 14, 2014 by Judge Philip A. Brimmer on 04/21/14.(jhawk, )
February 7, 2014 Opinion or Order Filing 548 ORDER SETTING CASE FOR TRIAL. Six-day Jury Trial set for 8/19/2014 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 8/4/2014 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 2/7/14. (mfiel, ) Modified on 2/7/2014 to correct text (mfiel, ).
February 3, 2014 Opinion or Order Filing 542 MINUTE ORDER. Defendant's 334 Motion In Limine #1 to Bar Evidence and Testimony Regarding Irrelevant Alleged Similarities Between Red Fire and Polymag Pellets is denied as moot. Defendant's 336 Motion in In Limine #3 to Bar Irrelev ant, Prejudicial,and Speculative Testimony and Evidence is denied as moot. Defendant's 337 Motion In Limine #4 to Bar Evidence and Testimony Regarding the Court's October 22, 2009 Stipulated Preliminary Injunction Order is denied as moot. By Judge Philip A. Brimmer on 2/3/14.(mfiel, )
January 31, 2014 Opinion or Order Filing 538 ORDER. Plaintiff's Motion In Limine No. 1 Re: Lou Riley 471 is GRANTED in part as set forth in the attached Order; Plaintiff's Motion In Limine No. 2 Re: Lee Phillips 472 is GRANTED in part as set forth in the attached Order; Plaintiff 's Motion In Limine No. 3 Re: Telephone Testimony for Regina Valladares 473 is DENIED; Plaintiff's Motion in Limine No. 4 Re: Telephone Testimony for Jennifer Apple, Now Jennifer Nunley 474 is DENIED; Plaintiff's Motion in Limine No. 5 Re: State Court Proceedings 475 is DENIED; Plaintiff's Motion In Limine No. 6 Re: Summaries 476 is DENIED; the exhibits cited therein are inadmissible at trial; Plaintiff's Motion in Limine No. 7 Re: Demonstrative Exhibits 477 is DENIED; the exhibits cited therein are inadmissible at trial; Plaintiff's Motion In Limine No. 9 Re: Pre-Judgment Interest 479 is DENIED; Plaintiff's Motion in Limine No. 10 Re: Damages 480 is DENIED. By Judge Philip A. Brimmer on 1/31/14.(pabsec)
January 29, 2014 Opinion or Order Filing 526 ORDER. Plaintiff's 478 Motion In Limine No. 8 Re: Fed. R. Evid. 404 and 406 is denied. Predator may not introduce evidence at trial of the two lawsuits discussed in Docket No. 478. Defendant's 485 Motion In Limine #6 to Exclude Test imony and/or Evidence that the Phrase "Unsurpassed Performance" in and of Itself is a Registered Copyright is granted. The phrase "unsurpassed performance" is not subject to copyright. Predator shall provide the Court with updated information at the February 3, 2014 trial preparation conference regarding the amount of time it anticipates will be required for trial. By Judge Philip A. Brimmer on 1/29/14.(mfiel, )
January 17, 2014 Opinion or Order Filing 462 MINUTE ORDER striking 441 , 442 , 443 , 444 , 445 , 446 , 447 , 448 , 449 , 450 Motions in Limine for failure to comply with Local Rule 7.1. By Judge Philip A. Brimmer on 1/17/14.(mnfsl, )
January 10, 2014 Opinion or Order Filing 434 ORDER granting in part 399 Gamo's Motion to Withdraw its Jury Demand and to Strike Predator's Jury Demand. It is granted with respect to Gamo USA's request to withdraw its jury demand. It is denied with respect to the request to strike the jury demand of plaintiff Predator International, Inc. By Judge Philip A. Brimmer on 1/10/14.(pabsec)
October 17, 2013 Opinion or Order Filing 418 MINUTE ORDER denying without prejudice 416 Plaintiff's Motion for Order under Rule 26(e)(1)(B). The Clerk of Court is directed to place Exhibits 2 and 3 (Doc. Nos. 416-2 & 416-3) under Level 1 restriction. Consistent with D.C.COLO.LCivR 7.2D, these exhibits will be held under restriction until October 31, 2013, by Magistrate Judge Kathleen M. Tafoya on 10/17/13.(sgrim)
October 10, 2013 Opinion or Order Filing 415 COURTROOM MINUTES for Motion Hearing held on 10/10/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff's Motion for Relief from Protective Order (Doc. 71) 318 is GRANTED IN PART. Plaintiffs Supplement to Motion for Relief from Protective Order (Doc. 318) 325 will be henceforth held under Level 1 restriction and the attached documents shall be designated as "confidential" instead of "attorneys eyes only" but still subject to the parties' P rotective Order. Plaintiff's Motion to Compel Production 404 is DENIED. The Court does not find any grounds for the production of documents requested by Plaintiff as the requests were untimely, not formally made, irrelevant, and would create undue burden for the Defendant to produce. FTR: S. Grimm. (sgrim)
August 14, 2013 Opinion or Order Filing 403 ORDER SETTING CASE FOR TRIAL. Seven-day Jury Trial set for 2/18/2014 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 2/3/2014 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 8/14/13. (mnfsl, )
June 25, 2013 Opinion or Order Filing 392 ORDER ACCEPTING 391 MAGISTRATE JUDGE'S RECOMMENDATION. Defendant's 296 Motion for Leave to Amend Counterclaims is granted. The Final Pretrial Order shall be amended to remove defendant's first and second counterclaims. Plaintiff's 286 Motion to Amend Pretrial Order and Defendant's 294 Motion to Strike Plaintiff's Answer to Defendant's Counterclaims are denied as moot. By Judge Philip A. Brimmer on 6/25/13.(mnfsl, )
May 20, 2013 Opinion or Order Filing 384 ORDER denying 383 Motion for an Order Under Fed.R.Civ.P. 54(b) or Other Relief. By Judge Philip A. Brimmer on 5/20/13.(mnfsl, )
May 10, 2013 Opinion or Order Filing 380 USCA ORDER on 5/10/13 re: writ of mandamus filed by Predator International, Inc. (USCA 13-1130) (lswsl )
March 18, 2013 Opinion or Order Filing 379 ORDER granting in part and denying in part 358 Motion Under Fed.R.Civ.P. 59. 351 Order of Dismissal is vacated in part. 352 Final Judgment is vacated. The clerk of the Court is directed to reinstate this action. 363 Motion to Review Bill of Costs is denied as moot.By Judge Philip A. Brimmer on 3/18/13.(dkals, )
July 26, 2012 Opinion or Order Filing 357 MINUTE ORDER granting in part and denying in part 355 Motion for Leave to File Excess Pages. Plaintiff is granted leave to file a 30-page motion. Plaintiff's post-judgment motion 356 is STRICKEN. By Judge Philip A. Brimmer on 7/26/12.(pabsec)
July 5, 2012 Opinion or Order Filing 351 ORDER OF DISMISSAL. Defendant Gamo USA is entitled to summary judgment on Predator's copyright claim. The remaining portion of Predator's CCPA claim is dismissed without prejudice. Defendant's 323 motion to strike is denied. Defendan t's 334 , 335 , 336 , 337 motions in limine are denied as moot. Final judgment shall enter and this case shall be closed in its entirety. The trial preparation conference scheduled for 7/13/2012 and the trial scheduled to commence on 7/23/2012 are vacated. By Judge Philip A. Brimmer on 7/5/12.(mnfsl, )
June 5, 2012 Opinion or Order Filing 308 ORDER granting Defendant's Motion to Clarify 293 . Upon entry of final judgment in this case, judgment shall enter in favor of Gamo USA and against Predator on Predators copyright claim to the extent it seeks statutory damages and attorneys fees. It is further ORDERED that, on or before Monday, June 11, 2012, Predator shall show cause why its copyright claim should not be dismissed as moot. By Judge Philip A. Brimmer on 6/5/12.(pabcd)
April 10, 2012 Opinion or Order Filing 300 ORDER. In light of the parties' 292 stipulation, Gamo Spain's counterclaims are dismissed without prejudice and Gamo Spain shall be dismissed from this action as a counter claimant. By Judge Philip A. Brimmer on 4/10/12. (mnfsl, )
March 26, 2012 Opinion or Order Filing 290 ORDER. The 239 Recommendation of United States Magistrate Judge is accepted. The 227 Motion to File a Supplemental Complaint and for Other Relief is denied. By Judge Philip A. Brimmer on 3/26/12.(mnfsl, )
December 5, 2011 Opinion or Order Filing 265 ORDER Settlement Conference set for 2/23/2012 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 12/5/2011. (kmtcd)
November 28, 2011 Opinion or Order Filing 262 ORDER SETTING CASE FOR TRIAL. Six-day Jury Trial set for 7/23/2012 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 7/13/2012 at 09:00 AM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 11/28/11. (mnfsl, )
October 21, 2011 Opinion or Order Filing 250 MINUTE ORDER granting 248 Plaintiff's Motion to Appear at 11/1/11 Final Pretrial Conference, by Magistrate Judge Kathleen M. Tafoya on 10/21/11.(gmssl, )
October 6, 2011 Opinion or Order Filing 246 MINUTE ORDER granting 243 Unopposed Motion for Leave to File Response to Predator's Third, Fourth, and Fifth Claims in its Fourth Amended Complaint [D/E 161] Instanter. Defendants' 244 Answer to Plaintiff's Third, Fourth and Fifth Claims in its Fourth Amended Complaint and Additional Affirmative Defenses is accepted as filed as of 10/5/2011. By Magistrate Judge Kathleen M. Tafoya on 10/6/11.(mnfsl, )
August 26, 2011 Opinion or Order Filing 238 ORDER. Defendants' 165 joint motion to dismiss Predator's third, fourth, and fifth claims pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted in part and denied in part. To the extent Predator's unfair competition claim is based upon the improper use of copyrighted material, it is dismissed. Defendants' motion to dismiss is otherwise denied. By Judge Philip A. Brimmer on 8/26/11.(mnf, )
July 21, 2011 Opinion or Order Filing 231 MINUTE ORDER. Final Pretrial Conference reset for 11/1/2011 at 09:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Plaintiff's 229 Motion to Appear at July 28, 2011 Final Pretrial Conference by Telephone is denied as moot. By Magistrate Judge Kathleen M. Tafoya on 7/21/11.(mnf, )
October 5, 2010 Opinion or Order Filing 170 MINUTE ORDER re: 168 Joint Motion to Amend Minute Order to Extend Dates. Discovery due by 1/18/2011. Dispositive Motions due by 2/28/2011. Deadline for expert designations is 11/22/10. Deadline for rebuttal expert designations is 12/31/10, by Magistrate Judge Kathleen M. Tafoya on 10/5/10.(ebs, )
September 15, 2010 Opinion or Order Filing 163 MINUTE ORDER denying as moot 113 , 123 , and 134 Motions to Dismiss, by Judge Philip A. Brimmer on 9/15/10.(ebs, )
September 9, 2010 Opinion or Order Filing 160 ORDER granting 142 Plaintiff's Motion to Amend Third Amended Complaint Under Fed. R. Civ. P. 15(a)(2) to Remove Patent Infringement Claims. Clerk shall file Plaintiff's Fourth Amended Complaint and Demand for Jury Trial. Defendants shall answer the Fourth Amended Complaint by 9/23/10, by Magistrate Judge Kathleen M. Tafoya on 9/9/10.(ebs, )
August 19, 2010 Opinion or Order Filing 159 AMENDED ORDER: Settlement Conference set for 9/10/2010 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 8/19/10. (ebs, )
July 26, 2010 Opinion or Order Filing 158 MINUTE ORDER re: 152 Joint Motion to Amend Minute Order to Extend Dates. Discovery due by 12/1/2010. Dispositive Motions due by 1/14/2011. Deadline for expert designations is extended to 10/6/2010. Deadline for rebuttal expert designations is extended to 11/16/2010, by Magistrate Judge Kathleen M. Tafoya on 7/26/10.(ebs, )
July 19, 2010 Opinion or Order Filing 151 ORDER Settlement Conference set for 9/10/2010 at 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 7/19/10. (lyg, )
March 17, 2010 Opinion or Order Filing 125 MINUTE ORDER denying as moot 81 Defendant Gamo Outdoor USA, Inc.'s Motion to Dismiss Fourth, Fifth and Sixth Claims, by Judge Philip A. Brimmer on 3/17/10.(ebs, )
March 3, 2010 Opinion or Order Filing 112 ORDER granting 84 MOTION for Leave to File Third Amended Complaint by Plaintiff. The Clerk is directed to file the Third Amended Complaint currently attached to the Motion Doc. No. 84-4. Signed by Magistrate Judge Kathleen M. Tafoya on 3/3/2010.(kmtcd, )
November 6, 2009 Opinion or Order Filing 83 MINUTE ORDER Denying as moot 20 defendant Gamo Outdoor USA, Inc.,s Motion to Dismiss, Fourth, Fifth and Sixth Claims. by Judge Philip A. Brimmer on 11/6/09.(erv, )
October 22, 2009 Opinion or Order Filing 77 ORDER re: 64 Plaintiff's Motion for Court to Enter Stipulated Injunction (D/E 32) Nunc Pro Tunc, for Enforcement and Contempt of Stipulated Injunction, and for Sanctions. To the extent the motion seeks entry of the parties' stipulated pr eliminary injunction order, the motion is addressed by a separate order. As for the requests that the order be entered nunc pro tunc and that defendant be found in contempt of that order, the motion 64 is denied, by Judge Philip A. Brimmer on 10/22/09.(ebs, )
October 20, 2009 Opinion or Order Filing 72 ORDER granting 62 MOTION for Leave to File Second 4 Amended Complaint and Add Third Party by Plaintiff. The Clerk is directed to file the Second Amended Complaint and Demand for Jury Trial [currently designated Doc. No. 62-6] by Magistrate Judge Kathleen M. Tafoya on 10/20/09.(kmtcd)
August 14, 2009 Opinion or Order Filing 57 Minute ORDER granting 54 MOTION for Leave to Appear Telephonically at August 17, 2009 Scheduling Conference by Counsel for Counter Claimant Gamo Outdoor USA, Inc. by Magistrate Judge Kathleen M. Tafoya on 8/14/09.(kmtcd)
July 22, 2009 Opinion or Order Filing 47 Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 7/22/2009. Granting 38 Motion for Leave to File Excess Pages. Submitting and taken under advisement 9 Motion for Preliminary Injunction. (Court Reporter Janet Coppock) (pabcd)
June 4, 2009 Opinion or Order Filing 14 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE AND RULE 26(f) PLANNING MEETING: Scheduling Conference set for 8/17/2009 10:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Signed by Magistrate Judge Kathleen M. Tafoya on 6/4/09. (kmtcd)
May 27, 2009 Opinion or Order Filing 12 ORDER SETTING HEARING UNDER FED. R. CIV. P. 16: In Court Hearing set for 7/9/2009 at 02:30 PM in Courtroom A 601 before Judge Philip A. Brimmer. Prior to the hearing, the parties shall meet and confer about the issues set forth in this Order, by Judge Philip A. Brimmer on 5/27/09. (ebs, )
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Plaintiff: Predator International, Inc.
Represented By: John M. Cogswell
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Defendant: Gamo Outdoor USA, Inc.
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