Port-a-Pour, Inc. v. Peak Innovations, Inc. et al
Plaintiff: Port-a-Pour, Inc.
Defendant: Peak Innovations, Inc. and Mark E. Nelson
Case Number: 1:2013cv01511
Filed: June 12, 2013
Court: US District Court for the District of Colorado
Office: Denver Office
County: Larimer
Presiding Judge: Boyd N. Boland
Presiding Judge: Wiley Y. Daniel
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 3, 2016 Opinion or Order Filing 290 MINUTE ORDER Granting in part and Denying in part 288 Plaintiffs Emergency Motion for Leave to Vacate and Continue Final Pretrial Conference and Reschedule Expert Disclosure and Discovery. The Final Trial Preparation Conference set Thursday, June 30, 2016, is VACATED and RESET Final Trial Preparation Conference RESET for 7/7/2016 at 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel, by Judge Wiley Y. Daniel on 5/3/2016.(evana, )
April 26, 2016 Opinion or Order Filing 281 ORDER granting 272 Defendant's Emergency Motion for Leave To Disclose Expert Witness, by Magistrate Judge Nina Y. Wang on 04/26/16.(nmarb, )
April 13, 2016 Opinion or Order Filing 275 ORDER that Defendants Motion for Declaration of Exceptional Case Warranting Attorneys Fees Under 35 U.S.C. § 285 or in the Alternative for an Award of Attorneys Fees Under the Courts Inherent Authority ECF No. 257 is DENIED, by Judge Wiley Y. Daniel on 4/13/2016.(evana, )
April 4, 2016 Opinion or Order Filing 266 ORDER Denying 245 Plaintiffs Motion to Dismiss Defendants Patent Invalidity Counterclaims for Lack of Subject Matter Jurisdiction Under Fed.R.Civ.P. Rule 12(b)(1), by Judge Wiley Y. Daniel on 4/4/2016.(evana, )
March 31, 2016 Opinion or Order Filing 265 ORDER that Port-a-Pours Motion to Strike filed January 22, 2016 ECF No. 246 is GRANTED. Defendants Answer to Revised Second Amended Complaint, Affirmative Defenses, and Counterclaims of Peak Innovations, Inc. and Mark E. Nelson filed January 12, 2 016 ECF No. 244 is STRICKEN. It is FURTHER ORDERED that Defendants shall, on or before Friday, April 8, 2016, file a responsive pleading without the addition of any new defenses or counterclaims, by Judge Wiley Y. Daniel on 3/31/2016.(evana, )
February 22, 2016 Opinion or Order Filing 256 MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Motion Hearing held on 2/22/2016. Granting 250 Motion to Amend/Correct/Modify. Dispositive Motions due by 4/11/2016. Jury Trial set for 8/8/2016 08:30 AM in Courtroom A1002 befor e Judge Wiley Y. Daniel. Jury Trial set for 8/9/2016 09:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Jury Trial set for 8/10/2016 09:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Jury Trial set for 8/11/2016 09:00 AM in Courtroo m A1002 before Judge Wiley Y. Daniel. Jury Trial set for 8/12/2016 09:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Trial Preparation Conference and motion hearing set for 6/30/2016 at 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Defendants responses to previously filed motions in limine shall be filed not later than Friday, April 15, 2016. Court Reporter: Mary George. (rkeec)
December 17, 2015 Opinion or Order Filing 242 ORDER that the Unopposed Motion for Leave to Amend Under Rule 15(a)(2) ECF No. 238 is GRANTED. The Revised Second Amended Complaint and Jury Demand ECF No. 239 is accepted for filing. It is ORDERED that Plaintiffs previously filed Motion to Amen d Complaint to Withdraw Patent Infringement Claims ECF No. 215 and Motion to Accept Revised Second Amended Complaint ECF No. 234 are DENIED AS MOOT. It is FURTHER ORDERED that the Recommendation of United States Magistrate Judge regarding Plai ntiffs previously filed Motion to Amend Complaint to Withdraw Patent Infringement Claims ECF No. 226 is REJECTED AS MOOT. Finally, it is ORDERED that Defendants Objection to Recommendation of United States Magistrate Judge ECF # 226 Dated July 28, 2015 is DENIED AS MOOT, by Judge Wiley Y. Daniel on 12/17/2015.(evana, )
March 17, 2015 Opinion or Order Filing 209 ORDER Scheduling Conference regarding patent claims set for 4/6/2015 01:30 PM before Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 3-17-15. (nywlc2)
March 9, 2015 Opinion or Order Filing 207 ORDER that Plaintiffs requests in its Notice of Withdrawal of Patent Infringement Claims and Election to Proceed to Trial ECF No. 205 to dismiss the patent infringement with prejudice and proceed to trial on May 4, 2015, are DENIED. It is FURTHER ORDERED that the eight day jury trial set to commence on May 4, 2015 and the Final Trial Preparation conference set April 16, 2015, at 11:00 a.m. are VACATED. Finally, it is ORDERED that the parties are directed to contact Magistrate Judge Wang by Monday, March 16, 2015, for a scheduling conference regarding the patent claims, by Judge Wiley Y. Daniel on 3/9/2015. (evana, )
February 10, 2015 Opinion or Order Filing 197 ORDER ON SUMMARY JUDGMENT MOTIONS: Plaintiff Port-a-Pour Inc, Jerome J. Doherty and Neil Oberg's 30 Motion for Partial Summary Judgment is DENIED. Defendants' 144 Corrected Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED IN PART as to Plaintiff's breach of contract claim, and DENIED as to all other claims. By Judge Wiley Y. Daniel on 2/10/2015. (alowe)
January 20, 2015 Opinion or Order Filing 184 ORDER Defendants Motion for Judgment on the Pleadings as to Attorney Fees Prayer for Relief in First Amended Complaint filed June 20, 2014 ECF No. 125 is DENIED. It is FURTHER ORDERED that Plaintiffs Motion for Order to Take Judicial Notice and A ffirm Standing Port-a-Pour to Enforce Patents filed August 27, 2014 ECF No. 162 is GRANTED. Finally, it is ORDERED that Plaintiffs Motion for Rule 11 Sanctions Against Peak Innovations, Inc., Mark Nelson and Their Counsel of Record filed September 29, 2014 ECF No. 171 is DENIED, by Judge Wiley Y. Daniel on 1/20/2015.(evana, )
January 14, 2015 Opinion or Order Filing 180 ORDER Striking 176 Plaintiffs Motion for an Order of Civil Contempt Against Peak Innovations, Inc., Mark Nelson, and Drew Nelson. This is without prejudice to Plaintiffs ability to refile the motion, but the motion must contain a proper Rule 7.1(a) certification or it will be stricken with prejudice, by Judge Wiley Y. Daniel on 1/14/2015.(evana, )
August 5, 2014 Opinion or Order Filing 148 MINUTE ORDER In light of the filing of Defendants Corrected Motion for Partial Summary Judgment ECF No. 144 , Defendants Motion for Partial Summary Judgment ECF No. 141 is DENIED AS MOOT, by Judge Wiley Y. Daniel on 8/5/2014.(evana, )
July 28, 2014 Opinion or Order Filing 146 MINUTE ORDER granting 128 Defendants Unopposed Motion for Magistrate Judge Conducted Settlement Conference, by Judge Wiley Y. Daniel on 7/28/2014.(evana, )
July 14, 2014 Opinion or Order Filing 133 ORDER the Motion of Port-a-Pour, Inc., Jerome J. Doherty and Neil G. Oberg to Correct Caption and Designation of Parties and Claims ECF No. 52 is GRANTED;.FURTHER ORDERED that Counter Claim Defendants Port-a-Pour, Inc., Jerome J. Doherty, and Neil G. Obergs Partial Rule 12(b)(6) Motion to Dismiss Counterclaims for Failure to State a Claim Upon Which Relief Can Be Granted and Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction ECF No. 33 is GRANTED. It is FURTHER ORDER ED that Defendants Motion to Dismiss Plaintiffs First and Second Claims ECF No. 99 is DENIED. Finally, it is ORDERED that Plaintiffs Request for Judicial Notice and Authentication ECF No. 118 is DENIED, by Judge Wiley Y. Daniel on 7/14/2014.(evana, )
June 17, 2014 Opinion or Order Filing 122 Findings of Fact and Conclusions of Law. Order granting in part and denying in part 35 Motion for Preliminary Injunction. ORDERED that Plaintiff shall post a $10,000 bond before the preliminary injunction takes effect by Judge Wiley Y. Daniel on 06/17/14.(jhawk, )
May 29, 2014 Opinion or Order Filing 112 ORDER Plaintiffs Renewed Motion for Temporary Restraining Order and Preliminary Injunction filed May 22, 2014 ECF No. 101 is STRICKEN for failure to comply with D.C.COLO.LCivR 7.1(a); Defendants Emergency Motion for Leave to Subpoena and to Disqu alify Daniel J. Culhane ECF No. 109 is DENIED AS MOOT; It is FURTHER ORDERED that the parties request to amend the dispositive motion deadline set in the Scheduling Order ECF No. 41 is GRANTED, and the May 30, 2014 deadline for dispositive motions is VACATED; it is ORDERED that Plaintiffs Motion for Leave to File Summary Judgment Motion in Excess of Page Limitations filed May 22, 2014 ECF No. 100 is DENIED WITHOUT PREJUDICE. by Judge Wiley Y. Daniel on 5/29/2014.(evana, )
May 2, 2014 Opinion or Order Filing 97 MINUTE ORDER granting 95 Motion to Clarify; and The Order Doc. # 92 establishing the deposition schedule is modified to the following extent: (2)(i) is modified to provide that the deposition of Peak Innovations, Inc., by Rule 30(b)(6) shall occur on May 15, 2014, commencing at 8:30 a.m., at Agren Blando, 216 16th Street, Denver, Colorado, by Magistrate Judge Boyd N. Boland on 5/2/2014.(evana, )
April 21, 2014 Opinion or Order Filing 92 ORDER re: 89 Order,The discovery cut-off is extended to and including May 20, 2014, solely to allow the completion of deposition; All other deadlines and events remain unchanged, including the final pretrial conference which will occur on Augu st 5, 2014, at 8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado; and This order and the case schedule may be modified only on further order of the court, by Magistrate Judge Boyd N. Boland on 4/21/2014. (evana, )
April 17, 2014 Opinion or Order Filing 90 PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 4/17/14. (bsimm)
April 16, 2014 Opinion or Order Filing 88 COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 4/16/2014 before Magistrate Judge Boyd N. Boland. 74 Second Motion to Compel of Counter-Claim Defendant Jerome J. Doherty and for Rule 37(b) Sanctions for Violation of Court Order is GRANTE D. 77 Counter Defendants Motion to Compel is GRANTED. Defendant to provide supplemental information on or before April 23, 2014. 80 Motion to Quash Deposition of Drew Nelson is GRANTED. Parties shall submit a motion to set a schedule for all remaining discovery on or before 5:00 p.m., April 17, 2014. FTR: Courtroom A-401. (bsimm)
February 13, 2014 Opinion or Order Filing 68 ORDER by Magistrate Judge Boyd N. Boland on 2/13/14 re: 62 MOTION to Compel of Counter-Claim Defendant Jerome Doherty. (Simmons, B.)
January 14, 2014 Opinion or Order Filing 61 MINUTE ENTRY for Evidentiary Hearing (Day 3) held on 1/14/2014 proceedings held before Judge Wiley Y. Daniel. Taking under advisement 35 Motion for Preliminary Injunction. Counsel shall file a status report, indicating when the transcripts for th is hearing will be provided to counsel, in not later than seven (7) days of todays date. Parties shall file their proposed findings of fact and conclusions of law not later than ten (10) days after receipt of the transcripts. Court Reporter: Mary George and Tammy Hoffschildt. (wydcd, rrk) Modified on 1/16/2014 to add Day 3 (wydcd, rrk).
June 24, 2013 Opinion or Order Filing 19 ORDER Setting Scheduling Conference for 9/3/2013 10:30 AM before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 06/24/13. (jjhsl, )
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Plaintiff: Port-a-Pour, Inc.
Represented By: Daniel James Culhane
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Defendant: Peak Innovations, Inc.
Represented By: Alan F. Blakley
Represented By: John David Root
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Defendant: Mark E. Nelson
Represented By: Alan F. Blakley
Represented By: John David Root
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