Kamstrup A/S v. Axioma Metering UAB
Plaintiff: Kamstrup A/S
Defendant: Axioma Metering UAB
Case Number: 1:2019cv01669
Filed: June 10, 2019
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Referring Judge: William J Martinez
Nature of Suit: Patent
Cause of Action: 35:183
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2019 Opinion or Order Filing 51 ORDER granting #29 Defendant's Motion to Stay Pending Inter Partes Review, by Judge William J. Martinez on 11/25/2019. (wjmlc1)
November 25, 2019 Opinion or Order Filing 50 ORDER denying #24 Plaintiff's Motion for Preliminary Injunction, by Judge William J. Martinez on 11/25/2019. (wjmlc1)
November 15, 2019 Filing 49 STIPULATION for Extension of Time for Defendant's Response to Plaintiff's First Set of Interrogatories and Requests for Production by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Aldrich, David)
November 4, 2019 Opinion or Order Filing 48 ORDER: This matter is before the Court on Plaintiff's Motion for Leave to File Response to Surreply #47 . The Court considers the briefing on Plaintiff's Motion for Preliminary Injunction #24 to have been closed with the filing of Defendant's Surreply #44 , and will accept no further briefing in respect to the Motion for Preliminary Injunction. As a consequence Plaintiffs instant Motion #47 is DENIED. SO ORDERED by Judge William J. Martinez on 11/04/2019. Text Only Entry (wjmlc1)
November 1, 2019 Filing 47 MOTION for Leave to file response to Surreply (ECF44) by Plaintiff Kamstrup A/S. (Attachments: #1 Exhibit A - Response to Surreply)(Johnson, Mark)
October 29, 2019 Filing 46 DECLARATION of David W. Aldrich (Supplemental) regarding Reply to Response to Motion #45 by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Attachments: #1 Exhibit Ex. L - Infringement Contentions, #2 Exhibit Ex. M - Hunter Douglas docket report, #3 Exhibit Ex. N - Hunter Douglas ECF 157, #4 Exhibit Ex. O - Hunter Douglas ECF 90, #5 Exhibit Ex. P - Hunter Douglas ECF 153)(Aldrich, David)
October 29, 2019 Filing 45 REPLY to Response to #29 MOTION to Stay Pending Inter Partes Review filed by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Aldrich, David)
October 25, 2019 Filing 44 SURREPLY re #24 MOTION for Preliminary Injunction filed by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Attachments: #1 Affidavit Supp. Declaration of Marijus Jankauskas, #2 Affidavit Supp. Declaration of David W. Aldrich)(Aldrich, David)
October 17, 2019 Opinion or Order Filing 43 ORDER: This matter is before the Court on Plaintiff's Motion for Preliminary Injunction #24 , along with Defendant's response #33 and Plaintiff's reply #40 . Defendant is ORDERED, on or before October 25, 2019, to file a surreply of no more than 5 pages addressing the following: (1) Plaintiff's reply argument that the "Will" reference is distinguishable or irrelevant because Will was seeking to solve the problem of reflecting ultrasonic signals, and so allegedly fails to disclose, or teaches away from, the housing and flow tube cast in one piece or a through-going straight flow section; (2) whether the Accused Product is currently for sale in the United States, and if not, when Defendant plans to begin selling it in the United States; and (3) whether Defendant manufactures the Accused Product in the United States, or whether Defendant instead imports it. The latter two items must be supported by affidavit(s) or declaration(s) from an individual or individuals with personal knowledge. After receiving Defendant's surreply, the Court will determine whether an evidentiary hearing is needed. SO ORDERED by Judge William J. Martinez on 10/17/2019. Text Only Entry (wjmlc1)
October 15, 2019 Filing 42 BRIEF in Opposition to #29 MOTION to Stay filed by Plaintiff Kamstrup A/S. (Attachments: #1 Affidavit Kyle B Fleming, #2 Exhibit Pegram, IPR Survival Rates)(Fleming, Kyle)
October 11, 2019 Filing 41 DECLARATION of Mark C. Johnson regarding Reply to Response to Motion,, #40 , MOTION for Preliminary Injunction #24 by Plaintiff Kamstrup A/S. (Johnson, Mark)
October 11, 2019 Filing 40 REPLY to Response to #24 MOTION for Preliminary Injunction (Corrected) filed by Plaintiff Kamstrup A/S. (Attachments: #1 Exhibit N - Chart Illustrating EPO Treatment of Will and Uecki, #2 Exhibit O - EP2336732A1 (Publication of EP 09179317), #3 Exhibit P - June 17, 2010 EPO Search Report for EP 09179317, #4 Exhibit Q - June 14, 2011 ISR PCT DK2010 050339, #5 Exhibit R - Chart Regarding Citations To Will, #6 Exhibit S - June 11, 2014 Written Opinion PCT DK2010 050339, #7 Exhibit T - May 10, 2012 IPRP PCT DK2010 050339, #8 Exhibit U- April 18, 2014 Notice of Allowance, #9 Exhibit Ex. V - V - FTC Evolving Marketplace)(Johnson, Mark)
October 11, 2019 Filing 39 REPLY to Response to #24 MOTION for Preliminary Injunction filed by Plaintiff Kamstrup A/S. (Attachments: #1 Exhibit N - Chart Illustrating EPO Treatment of Will and Uecki, #2 Exhibit O - EP2336732A1 (Publication of EP 09179317), #3 Exhibit P - 20100617 EPO Search Report for EP 09179317, #4 Exhibit Q - 20110614 ISR PCT DK2010 050339, #5 Exhibit R - Chart Comparison of Citations to Will, #6 Exhibit S - 20110614 Written Opinion PCT DK2010 050339, #7 Exhibit T - 20120510 IPRP PCT DK2010 050339, #8 Exhibit U- 20140418 Notice of Allowance, #9 Exhibit V - FTC Evolving Marketplace)(Johnson, Mark)
October 9, 2019 Opinion or Order Filing 38 STIPULATED PROTECTIVE ORDER by Magistrate Judge S. Kato Crews on 10/9/2019. (jgonz, )
October 9, 2019 Opinion or Order Filing 37 ORDER Regarding Production, Including Production of Electronically Stored Information, by Magistrate Judge S. Kato Crews on 10/9/2019. (jgonz, )
October 9, 2019 Opinion or Order Filing 36 ORDER granting #28 Motion for Protective Order and Order Regarding Electronically Stored Information, by Magistrate Judge S. Kato Crews on 10/9/2019. Text Only Entry(jgonz, )
October 8, 2019 Opinion or Order Filing 35 MEMORANDUM regarding #28 MOTION for Protective Order filed by Kamstrup A/S. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 10/8/2019. Text Only Entry (wjmsec, )
September 27, 2019 Filing 34 DECLARATION of David W. Aldrich regarding Brief in Opposition to Motion #33 by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Attachments: #1 Exhibit A - IPR Petition, #2 Exhibit B - EU Search Report, #3 Exhibit C - EU abandonment, #4 Exhibit D - Int'l Search Report, #5 Exhibit E - Chapter II docs, #6 Exhibit F - Claim Chart (Will), #7 Exhibit G - Prior Art (Will), #8 Exhibit H - Prior Art (Will trans), #9 Exhibit I - Claim Chart (Hiss), #10 Exhibit J - Prior Art (Hiss), #11 Exhibit K - Prior Art (Hiss trans), #12 Exhibit L - Claim Chart (Ueki), #13 Exhibit M - Prior Art (Ueki), #14 Exhibit N - Claim Chart (Buckberry), #15 Exhibit O - Prior Art (Buckberry), #16 Exhibit P - FrostSullivan, #17 Exhibit Q - StatPlan Report, #18 Exhibit R - Mordor Report, #19 Exhibit S - Master Meter, #20 Exhibit T - Badger Meter, #21 Exhibit U - Neptune, #22 Exhibit V - Sensus, #23 Exhibit W - Axioma datasheet, #24 Exhibit X - Axioma catalog, #25 Exhibit Y - Axioma leaflet, #26 Exhibit Z - Kamstrup datasheet, #27 Exhibit AA - Kamstrup brochure 1, #28 Exhibit BB - Kamstrup brochure 2, #29 Exhibit CC - Kamstrup user guide, #30 Exhibit DD - Kamstrup tech, #31 Exhibit EE - 957 PAIR, #32 Exhibit FF - Prior Art (Bignell), #33 Exhibit GG - Prior Art (Drachmann), #34 Exhibit HH - Prior Art (Goertz), #35 Exhibit II - Prior Art (Goertz trans), #36 Exhibit JJ - Prior Art (Elson), #37 Exhibit KK - Prior Art (Barker), #38 Exhibit LL - Expert Dec)(Aldrich, David)
September 27, 2019 Filing 33 BRIEF in Opposition to #24 MOTION for Preliminary Injunction filed by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Attachments: #1 Affidavit Marijus Jankauskas)(Aldrich, David)
September 24, 2019 Opinion or Order Filing 32 SCHEDULING ORDER IN A PATENT CASE: by Magistrate Judge S. Kato Crews on 9/24/19. (amont, )
September 24, 2019 Filing 31 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 9/24/2019. The Court adopts the deadlines in the proposed scheduling order. FTR: Courtroom C-201. (amont, )
September 23, 2019 Filing 30 DECLARATION of David W. Aldrich regarding MOTION to Stay #29 by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Attachments: #1 Exhibit Ex. A - Letter, #2 Exhibit Ex. B - IPR Petition, #3 Exhibit Ex. C - Cocona 3-19-18, #4 Exhibit Ex. D - Cocona 6-27-18, #5 Exhibit Ex. E - Cellport 4-17-15, #6 Exhibit Ex. F - Cellport 4-30-15, #7 Exhibit Ex. G - Fiber 7-18-13, #8 Exhibit Ex. H - Realtime docket, #9 Exhibit Ex. I - IPR stats, #10 Exhibit Ex. J - EU search report, #11 Exhibit Ex. K - Intl search report)(Aldrich, David)
September 23, 2019 Filing 29 MOTION to Stay by Defendant Axioma Metering UAB, Counter Claimant Axioma Metering UAB. (Aldrich, David)
September 20, 2019 Filing 28 NOTICE Regarding Proposed Protective Order and Proposed Order Regarding Production and ESI by Plaintiff Kamstrup A/S (Attachments: #1 Proposed Order (PDF Only) Stipulated Protective Order, #2 Proposed Order (PDF Only) Order Regarding Production and ESI)(Johnson, Mark)
September 17, 2019 Filing 27 Proposed Scheduling Order by Plaintiff Kamstrup A/S. (Johnson, Mark)
September 17, 2019 Filing 26 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kamstrup A/S All parties do not consent.. (Johnson, Mark)
September 13, 2019 Opinion or Order Filing 25 ORDER: This matter is before the Court on Plaintiff's Motion for Preliminary Injunction #24 . Defendant shall respond on or before September 27, 2019. Plaintiff shall reply on or before October 11, 2019. After receiving the response and reply, the Court will determine whether an evidentiary hearing is necessary. SO ORDERED by Judge William J. Martinez on 09/13/2019. Text Only Entry (wjmlc1)
September 12, 2019 Filing 24 MOTION for Preliminary Injunction by Plaintiff Kamstrup A/S. (Attachments: #1 Exhibit A - US Pat. No. 8,806,957, #2 Exhibit B - Kamstrup Commended by Frost & Sullivan, #3 Exhibit C - Multical-21 Design Award, #4 Exhibit D - Qalcosonic W1 Datasheet, #5 Exhibit E - Qalcosonic W1 leaflet, #6 Exhibit F - Axioma Press Release, #7 Exhibit G - June 4, 2019 Notice Ltr to Axioma, #8 Exhibit H - Infringement Chart, #9 Exhibit I - WO2009129885A1, #10 Exhibit J - Response Ltr from Axioma, #11 Exhibit K - WO2011/072693 A2, #12 Exhibit L - WO2011/072693 A3, #13 Exhibit M - Claim Chart for Kamstrup Meter, #14 Affidavit July 16, 2019 Declaration of Thomas M. Braxton)(Johnson, Mark)
September 11, 2019 Filing 23 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ICOR UAB for Axioma Metering UAB, Axioma Metering UAB. (Aldrich, David)
September 11, 2019 Filing 22 CORPORATE DISCLOSURE STATEMENT. (Ritter, Kim)
August 12, 2019 Filing 21 ANSWER/REPLY to #20 Answer to Complaint, Counterclaim by Kamstrup A/S.(Johnson, Mark)
July 22, 2019 Filing 20 Defendant Axioma Metering UAB's ANSWER to #1 Complaint,, and, COUNTERCLAIM against Kamstrup A/S by Axioma Metering UAB.(Ritter, Kim)
July 8, 2019 Filing 19 NOTICE of Entry of Appearance by Kyle B. Fleming on behalf of All Plaintiffs Attorney Kyle B. Fleming added to party Kamstrup A/S(pty:pla) (Fleming, Kyle)
June 26, 2019 Opinion or Order Filing 18 ORDER GRANTING #16 Motion for Extension of Time to Answer or Otherwise Respond. Pursuant to D.Colo.LCivR 6.1(a), the parties' stipulation is effective on filing. Accordingly, Defendant Axioma Metering UAB's answer or other responsive pleading is due 7/23/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 6/26/2019. Text Only Entry (skclc2)
June 25, 2019 Filing 17 MEMORANDUM regarding #16 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, filed by Axioma Metering UAB. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 6/25/2019. Text Only Entry (wjmsec, )
June 25, 2019 Filing 16 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant Axioma Metering UAB. (Attachments: #1 Proposed Order (PDF Only) to Extension of Time to Respond to Complaint)(Ritter, Kim)
June 21, 2019 Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #12 Notice of Entry of Appearance, filed by attorney Kim L. Ritter. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (angar, )
June 21, 2019 Filing 14 NOTICE of Entry of Appearance by David W. Aldrich on behalf of Axioma Metering UABAttorney David W. Aldrich added to party Axioma Metering UAB(pty:dft) (Aldrich, David)
June 21, 2019 Filing 13 NOTICE of Entry of Appearance by Todd Michael Oberdick on behalf of Axioma Metering UABAttorney Todd Michael Oberdick added to party Axioma Metering UAB(pty:dft) (Oberdick, Todd)
June 21, 2019 Filing 12 NOTICE of Entry of Appearance by Kim L. Ritter on behalf of Axioma Metering UABAttorney Kim L. Ritter added to party Axioma Metering UAB(pty:dft) (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document)(Ritter, Kim)
June 17, 2019 Filing 11 SUMMONS Returned Executed by Kamstrup A/S. (Getzoff, Timothy)
June 13, 2019 Filing 10 NOTICE of Entry of Appearance by Timothy Paul Getzoff on behalf of Kamstrup A/SAttorney Timothy Paul Getzoff added to party Kamstrup A/S(pty:pla) (Getzoff, Timothy)
June 13, 2019 Filing 9 NOTICE of Entry of Appearance by Benjamin Nichols Simler on behalf of All Plaintiffs Attorney Benjamin Nichols Simler added to party Kamstrup A/S(pty:pla) (Simler, Benjamin)
June 12, 2019 Filing 8 SUMMONS Returned Executed by Kamstrup A/S. Axioma Metering UAB served on 6/11/2019, answer due 7/2/2019. (Johnson, Mark)
June 12, 2019 Opinion or Order Filing 7 MINUTE ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 9/24/2019 at 10:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 9/17/2019. The Magistrate Judge Consent Form (ECF. #5-1) is due 9/17/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 6/12/2019. Text Only Entry (skclc2)
June 10, 2019 Filing 6 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rroge, )
June 10, 2019 Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rroge, )
June 10, 2019 Opinion or Order Filing 4 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 6/ 10/2019. Text Only Entry (wjmsec, )
June 10, 2019 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 6/10/2019. Text Only Entry (wjmsec, )
June 10, 2019 Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rroge, )
June 10, 2019 Filing 1 COMPLAINT against Axioma Metering UAB (Filing fee $ 400,Receipt Number 1082-6733368)Attorney Mark Cromwell Johnson added to party Kamstrup A/S(pty:pla), filed by Kamstrup A/S. (Attachments: #1 Exhibit A - US8806957, #2 Exhibit B - W1 Data Sheet, #3 Exhibit C - Frost and Sullivan Release, #4 Exhibit D - Axioma ACE 19 Press Release, #5 Exhibit E - Notice Letter to Axioma, #6 Exhibit F - Infringement Charts, #7 Civil Cover Sheet Civil Cover Sheet, #8 Summons Summons)(Johnson, Mark)

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Plaintiff: Kamstrup A/S
Represented By: Mark Cromwell Johnson
Represented By: Benjamin Nichols Simler
Represented By: Timothy Paul Getzoff
Represented By: Kyle B. Fleming
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Defendant: Axioma Metering UAB
Represented By: Todd Michael Oberdick
Represented By: David W. Aldrich
Represented By: Kim L. Ritter
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