Westinghouse Air Brake Technologies Corporation v. Siemens Mobility, Inc.
| Westinghouse Air Brake Technologies Corporation |
| Siemens Industry Inc. and Siemens Mobility Inc. |
| 1:2017cv01687 |
| November 21, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Christopher J Burke |
| Leonard P Stark |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 297 NOTICE to Take Deposition of Carl G. Degen on September 18, 2019 (Amended) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 296 NOTICE to Take Deposition of Allan M. Zarembski on September 16, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 295 NOTICE to Take Deposition of Carl G. Degen on September 18, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 294 NOTICE to Take Deposition of Dr. Shukri Souri on September 13, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 293 NOTICE to Take Deposition of John Loud, MSEE on September 12, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 292 NOTICE to Take Deposition of Douglass Locke, Ph.D. on September 5, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 291 Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding Request for Teleconference regarding Siemens' Motion to Strike and to Compel - re #286 MOTION to Strike Wabtec's Supplemental Response to Interrogatory No. 3 and MOTION to Compel Wabtec to Further Supplement Its Response to Interrogatory No. 25. (Kraftschik, Stephen) |
| Filing 290 [SEALED] Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding Reply in Support of Siemens' Motion to Strike and to Compel - re #286 MOTION to Strike Wabtec's Supplemental Response to Interrogatory No. 3 and MOTION to Compel Wabtec to Further Supplement Its Response to Interrogatory No. 25. (Attachments: #1 Exhibit O)(Kraftschik, Stephen) |
| Filing 289 NOTICE to Take Deposition of Andrew W. Carter on August 28, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 288 [SEALED] Letter to Chief Judge Stark from Steven L. Caponi regarding Opposition to Siemens Mobility, Inc.'s Motion to Strike Wabtec's Supplemental Response to Interrogatory No. 3 and to Compel Wabtec to Further Supplement Its Response to Interrogatory No. 25 - re #287 Letter, #286 MOTION to Strike Wabtec's Supplemental Response to Interrogatory No. 3 and MOTION to Compel Wabtec to Further Supplement Its Response to Interrogatory No. 25. (Attachments: #1 Exhibit A-D)(Caponi, Steven) |
| Filing 287 [SEALED] Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding Motion to Strike and to Compel - re #286 MOTION to Strike Wabtec's Supplemental Response to Interrogatory No. 3 and MOTION to Compel Wabtec to Further Supplement Its Response to Interrogatory No. 25. (Attachments: #1 Exhibits A-Q)(Kraftschik, Stephen) |
| Filing 286 MOTION to Strike Wabtec's Supplemental Response to Interrogatory No. 3 and, MOTION to Compel Wabtec to Further Supplement Its Response to Interrogatory No. 25 - filed by Siemens Mobility Inc.. (Kraftschik, Stephen) |
SO ORDERED, re #285 STIPULATION TO EXTEND TIME regarding Expert Discovery to various (see stipulation) filed by Siemens Mobility Inc. Signed by Judge Leonard P. Stark on 8/15/19. (ntl)
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| Filing 285 STIPULATION TO EXTEND TIME regarding Expert Discovery to various (see stipulation) - filed by Siemens Mobility Inc.. (Kraftschik, Stephen) |
| Filing 284 NOTICE OF SERVICE of Rebuttal Expert Report of C. Douglass Locke, Ph.D., Regarding Validity Of Westinghouse's Asserted Patents filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 283 NOTICE OF SERVICE of (1) Rebuttal Expert Report of John Loud, MSEE on Non-Infringement; (2) Rebuttal Expert Report of Dr. Shukri Souri regarding Trainguard PTC Source Code; (3) Rebuttal Expert Report of Andrew W. Carter filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 282 NOTICE OF SERVICE of Siemens' Third Supplemental Responses to Wabtec's First Set of Interrogatories (No. 6) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 281 NOTICE OF SERVICE of First Supplemental Responses and Objections to Defendant Siemens Industry, Inc.'s First Set of Interrogatories (Nos. 1-7) and First Supplemental Responses and Objections to Defendant Siemens Mobility, Inc.s Third Set of Interrogatories (Nos. 21-25) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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Filing 280
ORAL ORDER: Having reviewed Siemens' motion for leave to amend its defenses and counterclaims (D.I. 261) and the accompanying letter briefs (D.I. 262, 267, 270), IT IS HEREBY ORDERED that the motion is DENIED. While the Court finds good cause for the timing of Siemens' motion, the proposed claims of inequitable conduct and improper inventorship would not survive a motion to dismiss for failure to state a claim on which relief may be granted and, therefore, the proposed amendment is futile. Siemens has failed to allege with adequate particularity facts from which it would be reasonable for the Court to infer that any of the involved individuals acted with a specific intent to defraud the PTO by failing to disclose specified prior art. Siemens' allegations of specified individuals' knowledge of the prior art through previous work related to those technologies does not reasonably and plausibly support the inference that those individuals intentionally concealed the prior art from the PTO. The Court's finding of futility extends to the improper inventorship claims as they, like the inequitable conduct claims, attempt to rely on "deceptive intent," which the Court finds is not adequately pled. ORDERED by Judge Leonard P. Stark on 7/18/19. (ntl)
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| Filing 279 NOTICE to Take Deposition of Volker Knollmann (Amended) on July 11, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 278 NOTICE OF SERVICE of Expert Report of Dr. Allan M. Zarembski regarding Infringement of Westinghouse's Asserted Patents, Expert Report of C. Douglas Locke, Ph.D. regarding Trainguard PTC Source Code and Expert Report of C. Degen filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 277 NOTICE OF SERVICE of Opening Expert Report of John Loud, MSEE on Validity filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 276 NOTICE to Take Deposition of Ed Tilley on July 2, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 275 NOTICE to Take Deposition of Ann Grimm on June 14, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 274 MOTION for Pro Hac Vice Appearance of Attorney Erik J. Halverson - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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SO ORDERED, re #274 MOTION for Pro Hac Vice Appearance of Attorney Erik J. Halverson filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Leonard P. Stark on 6/13/19. (ntl)
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| Filing 273 NOTICE to Take Deposition of Robert Bourg (30(b)(6)) on June 11, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 272 NOTICE to Take Deposition of Filip Kowalewski on June 12, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Pro Hac Vice Attorney Gina A. Johnson (nee Jenero) for Westinghouse Air Brake Technologies Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg) |
| Filing 271 Letter to The Honorable Leonard P. Stark from Karen Jacobs regarding Request for Teleconference - re #261 MOTION for Leave to File Siemens' Second Amended Answer, Defenses and Counterclaims. (Jacobs, Karen) |
| Filing 270 [SEALED] Letter to The Honorable Leonard P. Stark from Karen Jacobs regarding Reply in Support of Siemens' Motion for Leave to Amend Its Answer - re #261 MOTION for Leave to File Siemens' Second Amended Answer, Defenses and Counterclaims. (Attachments: #1 Exhibits 3-5)(Jacobs, Karen) |
| Filing 269 REDACTED VERSION of #261 MOTION for Leave to File Siemens' Second Amended Answer, Defenses and Counterclaims by Siemens Mobility Inc.. (Kraftschik, Stephen) |
| Filing 268 NOTICE OF SERVICE of Siemens Mobility, Inc.'s Amended Final Invalidity Contentions filed by Siemens Mobility Inc..(Jacobs, Karen) |
| Filing 267 Letter to the Honorable Leonard P. Stark from Steven L. Caponi regarding Opposition to Siemens Mobility, Inc.'s Motion for Leave to Amend Its Answer - re #261 MOTION for Leave to File Siemens' Second Amended Answer, Defenses and Counterclaims. (Caponi, Steven) |
| Filing 266 NOTICE OF SERVICE of Siemens' Response to WABTEC's Amended Second Set of Interrogatories (Nos. 10-23) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 265 NOTICE OF SERVICE of Responses and Objections to Defendant Siemens Mobility, Inc.'s First Set of Requests for Admission (Nos. 1-47); and Responses and Objections to Defendant Siemens Mobility, Inc.'s Third Set of Interrogatories (Nos. 21-25) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 264 NOTICE OF SERVICE of Siemens' Second Supplemental Responses to Wabtec's First Set of Interrogatories (No. 6) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 263 NOTICE to Take Deposition of Ed Tilley on July 2, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
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SO ORDERED, re #259 STIPULATION TO EXTEND TIME regarding Certain Case Deadlines to various dates (see Stipulation) filed by Siemens Mobility Inc. Signed by Judge Leonard P. Stark on 5/20/19. (ntl)
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| Filing 262 Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding Opening Letter Brief in Support of Defendant Siemens Mobility, Inc.'s Motion for Leave to Amend Its Answer - re #261 MOTION for Leave to File Siemens' Second Amended Answer, Defenses and Counterclaims. (Kraftschik, Stephen) |
| Filing 261 [SEALED] MOTION for Leave to File Siemens' Second Amended Answer, Defenses and Counterclaims - filed by Siemens Mobility Inc.. (Attachments: #1 Exhibit 1, Second Amended Answer, #2 Exhibits A-E to Second Amended Answer, #3 Exhibit 2, Redline)(Kraftschik, Stephen) |
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SO ORDERED, re #258 MOTION for Pro Hac Vice Appearance of Attorney Katherine L. Allor filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Leonard P. Stark on 5/16/19. (ntl)
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| Filing 260 NOTICE to Take Deposition of Dr. Remo Ferrari on May 17, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 259 STIPULATION TO EXTEND TIME regarding Certain Case Deadlines to various dates (see Stipulation) - filed by Siemens Mobility Inc.. (Kraftschik, Stephen) |
| Filing 258 MOTION for Pro Hac Vice Appearance of Attorney Katherine L. Allor - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 257 NOTICE to Take Deposition of Filip Kowalewski on May 24, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 256 NOTICE to Take Deposition of James Heintz (Amended) on May 31, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 255 NOTICE of Subpoena to James Heintz by Westinghouse Air Brake Technologies Corporation (Caponi, Steven) |
| Filing 254 NOTICE of Subpoena to Gianni Minutoli by Westinghouse Air Brake Technologies Corporation (Caponi, Steven) |
| Filing 253 NOTICE OF SERVICE of First Supplemental Responses and Objections to Defendant Siemens Mobility, Inc.'s Second Set of Interrogatories (Nos. 8-20) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 252 NOTICE to Take Deposition of Laura Loyd on May 17, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 251 NOTICE to Take Deposition of Wendy Hausler on May 17, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 250 NOTICE to Take Deposition of Denise Lyle on May 16, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 249 NOTICE to Take Deposition of Nick D'Alessandro on May 14, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 248 NOTICE to Take Deposition of Jim Krietemeyer on May 15, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 247 NOTICE to Take Deposition of Dr. Remo Ferrari on May 17, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 246 NOTICE of Subpoenas on BNSF Railway Company and Ed Tilley by Siemens Mobility Inc. (Kraftschik, Stephen) |
| Filing 245 NOTICE OF SERVICE of Objections and Responses to Defendant Siemens Mobility, Inc.'s First Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 244 NOTICE of Subpoena on Alaska Railroad Corporation by Siemens Mobility Inc. (Attachments: #1 Exhibit 1)(Kraftschik, Stephen) |
| Filing 243 NOTICE to Take Deposition of Robert Kull on May 8, 2019 (AMENDED) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 242 NOTICE to Take Deposition of Jeffrey G. Knott on May 2, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 241 NOTICE to Take Deposition of Stephen R. Graham on April 30, 2019 (Amended) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 240 NOTICE OF SERVICE of Siemens' Response to Wabtec's Third Set of Requests for Production of Documents and Things (No. 108) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 239 NOTICE OF SERVICE of Siemens' Response to Wabtec's First Request to Permit Entry onto Land or Other Property filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 238 NOTICE OF SERVICE of Amended Second Set of Interrogatories to Defendant Siemens Mobility, Inc. (Nos. 10-23) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 237 NOTICE of Subpoena to the Webb Law Firm by Siemens Mobility Inc. (Attachments: #1 Exhibit 1)(Kraftschik, Stephen) |
| Filing 236 NOTICE OF SERVICE of 1) Defendant Siemens Mobility, Inc.'s Third Set of Interrogatories (Nos. 21-25), 2) Defendant Siemens Mobility, Inc.'s First Set of Requests for Admission (Nos. 1-47) and 3) Defendant Siemens Mobility, Inc.'s Fifth Set of Requests for Production (Nos. 117) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 235 NOTICE to Take Deposition of Frank Wilson on April 24, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 234 NOTICE to Take Deposition of Jeffrey D. Kernwein on April 25, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 233 NOTICE to Take Deposition of Ann K. Grimm on April 26, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 232 NOTICE to Take Deposition of Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation on May 1, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 231 NOTICE OF SERVICE of Plaintiff Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Responses and Objections to Siemens Mobility, Inc.'s Second Set of Interrogatories (Nos. 8-20) and Plaintiff Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Responses and Objections to Siemens Mobility, Inc.'s Fourth Set of Requests for Production (Nos. 107-116) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 230 NOTICE to Take Deposition of Jacob Street (Amended) on May 9, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 229 NOTICE OF SERVICE of Plaintiff Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Amended Final Infringement Contentions filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 228 NOTICE OF SERVICE of Third Set of Requests for Production of Documents and Things (No. 108) to Defendant Siemens Mobility, Inc. filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 227 NOTICE OF SERVICE of Siemens Mobility, Inc.'s Final Invalidity Contentions filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 226 NOTICE of Subpoena to Denise Lyle by Westinghouse Air Brake Technologies Corporation (Caponi, Steven) |
| Filing 225 NOTICE of Subpoena to Laura Loyd by Westinghouse Air Brake Technologies Corporation (Caponi, Steven) |
| Filing 224 NOTICE of Subpoena to Wendy Hausler by Westinghouse Air Brake Technologies Corporation (Caponi, Steven) |
| Filing 223 NOTICE to Take Deposition of Nick D'Alessandro (Amended) on March 27, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 222 NOTICE to Take Deposition of Eryn Devola (Amended) on March 28, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 221 NOTICE OF SERVICE of First Request to Permit Entry Onto Land or Other Property to Defendant Siemens Mobility, Inc. filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 220 NOTICE to Take Deposition of James H. Moore (Amended) on March 14, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 219 NOTICE to Take Deposition of Mike Nolan (Amended) on March 20, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 218 NOTICE OF SERVICE of First Amended Initial Disclosures filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 217 Official Transcript of Case Management Conference held on February 5, 2019 before Judge Christopher J. Burke. Court Reporter/Transcriber John Donnelly of Veritext, Telephone (302) 571-0510. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/27/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/4/2019. (bpg) |
| Filing 216 NOTICE OF SERVICE of (1) Siemens' First Supplemental Responses to Wabtec's First Set of Interrogatories (Nos. 1-9), (2) Defendant Siemens Mobility, Inc.'s Second Set of Interrogatories (Nos. 8-20), (3) Defendant Siemens Mobility, Inc.'s Fourth Set of Requests for Production (Nos. 107-116) and (4) Amended Initial Disclosures of Defendant Siemens Mobility, Inc. Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 215 NOTICE OF SERVICE of Final Infringement Contentions filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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SO ORDERED, re #213 Stipulation and Order to extend deadlines filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Leonard P. Stark on 2/25/19. (ntl)
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Filing 214
ORAL ORDER: Pursuant to the Court's January 29, 2019 Memorandum Order, (D.I. 188), the Court HEREBY ORDERS that: (1) the amended counterclaims are hereby severed; and (2) Plaintiff's motion to dismiss the amended counterclaims, (D.I. 148), is hereby DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 2/22/19. (ntl)
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| Filing 213 STIPULATION Extend Discovery Deadlines by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 212 NOTICE of Subpoena to Nathan J. Prepelka by Siemens Mobility Inc. (Kraftschik, Stephen) |
| Filing 211 NOTICE of Subpoena to The Webb Law Firm by Siemens Mobility Inc. (Kraftschik, Stephen) |
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Filing 210
CORRECTED ORDER re #186 Order, #185 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 2/14/19. (ntl)
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| Filing 209 Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding the Court's Claim Construction Memorandum Opinion and Order - re #186 Order, #185 Memorandum Opinion. (Kraftschik, Stephen) |
| Filing 208 NOTICE to Take Deposition of Stephan Klein on March 19, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 207 NOTICE to Take Deposition of Michael Thompson on March 20, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 206 NOTICE to Take Deposition of Mike Nolan on March 21, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 205 NOTICE to Take Deposition of Jim Krietemeyer on March 22, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 204 NOTICE to Take Deposition of Nick D'Alessandro on March 26, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 203 NOTICE to Take Deposition of Eryn Devola on March 27, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 202 NOTICE to Take Deposition of Jacob Street on March 28, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 201 NOTICE to Take Deposition of Volker Knollman on March 29, 2019 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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ORAL ORDER: The Court, having reviewed the parties' joint motion regarding discovery disputes, involving two disputes raised by Defendant, (D.I. #182 ), the briefing associated therewith, (D.I. 183; D.I. 187), and having discussed the issues during a February 5, 2019 teleconference with the parties, hereby resolves the second dispute as follows. As to that dispute, the only live issue is whether Defendant can require Plaintiff to produce relevant discovery that is in possession of Plaintiff's wholly-owned subsidiary, Xorail Group. The Court DENIES this request without prejudice. The Court agrees with Plaintiff that pursuant to Rule 34, Defendant has the burden to show that such documents are in the control of Plaintiff. Princeton Dig. Image Corp. v. Konami Dig. Entm't Inc., 316 F.R.D. 89, 90-91 (D. Del. Aug. 31, 2016). However, the Court does not believe that the parties (including Plaintiff) have addressed the correct legal standard regarding this showing of control. See Gerling Int'l Ins. Co. v. C.I.R., 839 F.2d 131, 140 (3d Cir. 1988) ("Where the litigating corporation is the parent of the corporation possessing the records, courts have found the requisite control where a subsidiary corporation acts as a direct instrumentality of and in direct cooperation with its parent corporation, and where the properties and affairs of the two [were]... inextricably confused as to a particular transaction[.]") (internal quotation marks and citations omitted). Moreover, the Court is unconvinced that Defendant has mustered enough evidence to meet the relevant standard at this time. The Court's decision is without prejudice to Defendant's ability to re-raise the issue later in the case if it can then make a better record.Ordered by Judge Christopher J. Burke on 2/7/2019. (mlc)
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ORAL ORDER: The Court, having reviewed the parties' joint motion regarding discovery disputes, involving two disputes raised by Defendant, (D.I. #182 ), the briefing associated therewith, (D.I. 183; D.I. 187), and having discussed the issues during a February 5, 2019 teleconference with the parties, hereby resolves the first dispute as follows. This dispute involves Defendant's request that Plaintiff produce documents "with a Relevant Time Period going back to 2006." (D.I. 183 at 1) The Court DENIES this request without prejudice. Defendant has not sufficiently explained to the Court why pre-2010 discovery (excluding those categories of documents that Plaintiff has agreed to produce from 2008 on), (D.I. 187 at 2 n.3), is relevant to its antitrust counterclaims. See Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 352 (1978) ("it is proper to deny discovery of matter that is relevant only... to events that occurred before an applicable limitations period, unless the information sought is otherwise relevant to issues in the case"). Here, Defendant did not well explain why discovery relating to the time period at issue (2006-2010) helps to demonstrate why, for example, Plaintiff has engaged in anti-competitive behavior. Indeed, the only portions of the counterclaims that Defendant points to in this regard, (D.I. 143 at 32-33) do not seem on their face to be addressing any wrongful conduct of Plaintiff that is said to give rise to the counterclaims. Moreover, it is notable that Defendant did not offer a competing product for sale until 2010. (D.I. 187 at 2 n.2) The Court's decision is without prejudice to Defendant's ability to later re-raise the issue, particularly after Defendant has filed a new Complaint regarding the substance of these counterclaims. Ordered by Judge Christopher J. Burke on 2/7/2019. (mlc)
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| Filing 200 NOTICE to Take Deposition of Robert Kull on March 19, 2019 filed by Siemens Mobility Inc..(Jacobs, Karen) |
| Filing 199 NOTICE of Appearance by Matthew B. Goeller on behalf of Westinghouse Air Brake Technologies Corporation (Goeller, Matthew) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 2/5/2019. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 182), and will issue an order. (Court Reporter John Donnelly (Veritext).)APPEARANCES: M. Goeller, K. Wallace, L. Gradel for Plaintiffs; K. Jacobs, K. Gardiner, S. Namiri-Kalantari for Defendant. (mlc) |
| Filing 198 NOTICE to Take Deposition of Frank Wilson on March 15, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 197 NOTICE to Take Deposition of Jeffrey D. Kernwein on March 14, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 196 NOTICE to Take Deposition of Ann K. Grimm on March 13, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 195 NOTICE to Take Deposition of Jeffrey G. Knott on March 12, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 194 NOTICE to Take Deposition of Stephen R. Graham on March 11, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 193 NOTICE to Take Deposition of James H. Moore on March 7, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 192 NOTICE to Take Deposition of Scott A. Sollars on March 5, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 191 NOTICE to Take Deposition of Kevin J. Angel on March 4, 2019 filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 190 NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute by Siemens Mobility Inc. (Kraftschik, Stephen) |
| Filing 189 REDACTED VERSION of #187 Letter by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit A)(Caponi, Steven) |
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Filing 188
MEMORANDUM ORDER GRANTING D.I. #146 MOTION to Sever Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Sever Pursuant to Fed. R. Civ. P. 21 filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Christopher J. Burke on 1/29/2019. (mlc)
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| Filing 187 [SEALED] Letter to The Honorable Christopher J. Burke from Steven L. Caponi, Esq. regarding Discovery Disputes Presented to the Court on January 22, 2019 - re #183 Letter. (Attachments: #1 Exhibit A)(Caponi, Steven) |
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Filing 186
ORDER re #185 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 1/25/19. (ntl)
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| Filing 185 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 1/25/19. (ntl) |
| Filing 184 NOTICE OF SERVICE of (1) Defendant Siemens Mobility, Inc.'s Objections and Responses to Plaintiff Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Second Set of Interrogatories (Nos. 10-18) and (2) Defendant Siemens Mobility, Inc.'s Objections and Responses to Plaintiff Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s First Set of Requests for Admission filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 183 [SEALED] Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding Discovery Dispute. (Attachments: #1 Exhibits A-N)(Jacobs, Karen) |
| Filing 182 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Siemens Mobility Inc.. (Kraftschik, Stephen) |
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Filing 181
ORAL ORDER: Regarding the Referral Order to Judge Burke (D.I. 38), IT IS HEREBY ORDERED that the Order is modified and Discovery is also referred to Judge Burke, including the currently-pending discovery dispute scheduled for a teleconference on January 22, 2019 at 4:30 p.m. ORDERED by Judge Leonard P. Stark on 1/8/19. (ntl)
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Filing 180
MEMORANDUM ORDER DENYING D.I. #156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Christopher J. Burke on 1/8/2019. (mlc)
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ORAL ORDER: The Court HEREBY ORDERS as follows regarding the discovery dispute scheduled for a teleconference on January 22, 2019: (1) The teleconference is rescheduled to 2/5/2019 at 03:00 PM before Judge Christopher J. Burke. Counsel for the party seeking relief shall initiate the teleconference to 302-573-4595.; (2) By no later than January 22, 2019, the parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (3) By no later than January 22, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than January 25, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/8/2019. (mlc)
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Filing 179
ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for January 22, 2019 at 4:30 p.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than January 15, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than January 17, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 1/2/19. (ntl)
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| Filing 178 NOTICE OF SERVICE of First Set of Requests for Admission and Second Set of Interrogatories (Nos. 10-18) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 177 NOTICE OF SERVICE of Siemens Mobility, Inc.'s Response to Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Second Set of Requests for Documents and Things (Nos. 51-107) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 176 Letter to Honorable Leonard P. Stark from Karen Jacobs regarding Requesting the Scheduling of Discovery Teleconference. (Jacobs, Karen) |
| Filing 175 Official Transcript of Claim Construction Hearing held on November 26, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/24/2018. Redacted Transcript Deadline set for 1/3/2019. Release of Transcript Restriction set for 3/4/2019.(bpg) |
| Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 11/26/2018. (Court Reporter B. Gaffigan.) (ntl) |
| Filing 174 REPLY BRIEF re #156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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Filing 173
ORAL ORDER: IT IS HEREBY ORDERED that the hearing on November 26 will take place in Courtroom 6A. ORDERED by Judge Leonard P. Stark on 11/20/18. (ntl)
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| Filing 172 REDACTED VERSION of #170 Answering Brief in Opposition, to Motion for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever by Siemens Mobility Inc.. (Kraftschik, Stephen) |
| Filing 171 DECLARATION re #170 Answering Brief in Opposition, to Motion for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever by Karen Jacobs by Siemens Mobility Inc.. (Attachments: #1 Exhibits A-B)(Jacobs, Karen) |
| Filing 170 [SEALED] ANSWERING BRIEF in Opposition re #156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever filed by Siemens Mobility Inc..Reply Brief due date per Local Rules is 11/20/2018. (Jacobs, Karen) |
| Filing 169 DECLARATION re #168 Reply Brief Declaration of Kate Wallace by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit A)(Caponi, Steven) |
| Filing 168 REPLY BRIEF re #146 MOTION to Sever Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Sever Pursuant to Fed. R. Civ. P. 21 filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 167 REPLY BRIEF re #148 MOTION to Dismiss for Failure to State a Claim Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Dismiss Amended Counterclaims filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 166 NOTICE OF SERVICE of Responses and Objections to Defendant Siemens Mobility, Inc.'s Third Set of Requests for Production (Nos. 80-106) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 165 NOTICE OF SERVICE of Second Set of Requests for Documents and Things (Nos. 51-107) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 164 REDACTED VERSION of #159 Answering Brief in Opposition, by Siemens Mobility Inc.. (Jacobs, Karen) |
| Filing 163 NOTICE OF MOTION by Westinghouse Air Brake Technologies Corporation re #156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever ; Requesting the following Motion Day: at the earliest time convenient to the Court (Caponi, Steven) |
| Filing 162 REDACTED VERSION of #159 Answering Brief in Opposition, by Siemens Mobility Inc.. (Jacobs, Karen) |
| Filing 161 STIPULATION TO EXTEND TIME File Motion to Sever Pursuant to Fed. R. Civ. P. 21 and Motion to Dismiss Amended Counterclaims Reply Briefs to November 12, 2018 - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| MOTION REFERRED: #156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever Motion referred to Christopher J. Burke.(dlb) |
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SO ORDERED D.I. #161 STIPULATION TO EXTEND TIME File Motion to Sever Pursuant to Fed. R. Civ. P. 21 and Motion to Dismiss Amended Counterclaims Reply Briefs to November 12, 2018 filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 11/6/2018. (dlb)
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| Pro Hac Vice Attorney Sima Namiri-Kalantari,Kent A. Gardiner,John S. Gibson,Chahira Solh for Siemens Mobility Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
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Filing 160
ORAL ORDER REFERRING MOTION: #146 MOTION to SeverPursuant to Fed. R. Civ. P. 21 filed by Westinghouse Air Brake Technologies Corporation is hereby referred to Judge Christopher J. Burke. ORDERED by Judge Leonard P. Stark on 11/2/18. (ntl)
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| CORRECTING ENTRY: The correct brief was added to D.I. 158 per request of counsel. (ntl) |
| Filing 159 [SEALED] ANSWERING BRIEF in Opposition re #148 MOTION to Dismiss for Failure to State a Claim Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Dismiss Amended Counterclaims filed by Siemens Mobility Inc..Reply Brief due date per Local Rules is 11/8/2018. (Jacobs, Karen) |
| Filing 158 ANSWERING BRIEF in Opposition re #146 MOTION to Sever Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Sever Pursuant to Fed. R. Civ. P. 21 filed by Siemens Mobility Inc..Reply Brief due date per Local Rules is 11/8/2018. (Jacobs, Karen) (Main Document 158 replaced on 11/2/2018) (ntl). |
| CORRECTING ENTRY: Corrected motion added to D.I. 156 per request of counsel. (ntl) |
| Filing 157 OPENING BRIEF in Support re #156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever filed by Westinghouse Air Brake Technologies Corporation.Answering Brief/Response due date per Local Rules is 11/13/2018. (Attachments: #1 Exhibit A)(Caponi, Steven) |
| Filing 156 MOTION for Protective Order and Stay of Discovery Pending Resolution of Motions to Dismiss and Sever - filed by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Text of Proposed Order, #2 7.1.1 Certification)(Caponi, Steven) (Main Document 156 replaced on 10/31/2018) (ntl). |
| Filing 155 NOTICE OF SERVICE of Responses and Objections to Defendant Siemens Industry, Inc.'s Second Set of Requests for Production (Nos. 71-79) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 154 NOTICE OF MOTION by Westinghouse Air Brake Technologies Corporation re #148 MOTION to Dismiss for Failure to State a Claim Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Dismiss Amended Counterclaims ; Requesting the following Motion Day: at the earliest time convenient to the Court (Caponi, Steven) |
| MOTION REFERRED: #148 MOTION to Dismiss for Failure to State a Claim Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Dismiss Amended Counterclaims Motion referred to Christopher J. Burke.(dlb) |
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Filing 153
ORAL ORDER: IT IS HEREBY ORDERED that each side will be allocated thirty (30) minutes for argument at the Markman Hearing scheduled for November 26, 2018. ORDERED by Judge Leonard P. Stark on 10/24/18. (ntl)
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| Filing 152 CLAIM CONSTRUCTION REPLY BRIEF re #149 Opening Brief in Support, filed by Siemens Mobility Inc.. (Jacobs, Karen) |
| Filing 151 CLAIM CONSTRUCTION ANSWERING BRIEF Wabtec's Responsive Claim Construction Brief filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 150 Letter to The Honorable Leonard P. Stark from Steven L. Caponi, Esq. regarding Format of Claim Construction Hearing. (Caponi, Steven) |
| Filing 149 OPENING BRIEF in Support re #148 MOTION to Dismiss for Failure to State a Claim Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Dismiss Amended Counterclaims filed by Westinghouse Air Brake Technologies Corporation.Answering Brief/Response due date per Local Rules is 11/1/2018. (Caponi, Steven) |
| Filing 148 MOTION to Dismiss for Failure to State a Claim Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Dismiss Amended Counterclaims - filed by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Text of Proposed Order)(Caponi, Steven) |
| Filing 147 OPENING BRIEF in Support re #146 MOTION to Sever Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Sever Pursuant to Fed. R. Civ. P. 21 filed by Westinghouse Air Brake Technologies Corporation.Answering Brief/Response due date per Local Rules is 11/1/2018. (Caponi, Steven) |
| Filing 146 MOTION to Sever Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Sever Pursuant to Fed. R. Civ. P. 21 - filed by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certificate)(Caponi, Steven) |
| Filing 145 NOTICE OF SERVICE of Defendant Siemens Mobility, Inc.'s Third Set of Requests for Production (Nos. 80-106) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
| Filing 144 REDACTED VERSION of #143 Amended Answer to Complaint, Counterclaim by Siemens Mobility Inc.. (Attachments: #1 Exhibits A-C)(Kraftschik, Stephen) |
| Filing 143 [SEALED] AMENDED ANSWER to #14 Amended Complaint,,, COUNTERCLAIM against Westinghouse Air Brake Technologies Corporation by Siemens Mobility Inc.. (Attachments: #1 Exhibits A-C)(Kraftschik, Stephen) |
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Filing 142
ORAL ORDER: Having reviewed the parties' letters relating to Siemens' motion for leave to amend to assert antitrust counterclaims and related request to begin discovery relating to such counterclaims (see D.I. 108, 117, 120, 140, 141), IT IS HEREBY ORDERED that Siemens' motion (D.I. 107) is GRANTED. Leave to amend is to be freely granted and denied only in limited circumstances, which are not present here. The motion is timely, as it was filed before the scheduled deadline to amend pleadings and within a reasonable time after Siemens learned in discovery of the purported basis (and evidence) for its claim; the Court does not agree with Wabtec's characterization that Siemens waited ten years to file and has failed to explain its timing. Wabtec has not shown that the proposed counterclaims are futile and would not survive a motion to dismiss. Nor will the addition of the counterclaims unfairly prejudice Wabtec - instead, their addition to this case, which still has ample time left for discovery, is more likely to promote the just, speedy, and relatively inexpensive resolution of the parties' disputes than would the initiation of yet another case between these parties. Wabtec may, if it wishes, file a motion to sever under Rule 21, motion to dismiss under Rule 12, or particularized objections to requested discovery, but discovery on all claims and counterclaims will proceed unless and until any such motion is granted or other relief is ordered. ORDERED by Judge Leonard P. Stark on 10/3/18. (ntl)
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| Filing 141 Letter to The Honorable Leonard P. Stark from Steven L. Caponi, Esq. regarding Siemens' letter regarding its motion for leave to amend to assert antitrust counterclaims - re #140 Letter,. (Caponi, Steven) |
| Filing 140 Letter to The Honorable Leonard P. Stark from Karen Jacobs regarding Siemens' motion for leave to amend to assert antitrust counterclaims (D.I. 107) - re #107 MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims --. (Jacobs, Karen) |
| CORRECTING ENTRY: Stipulation filed at D.I. 142 was removed from the docket (filed in wrong case). (ntl) |
| Filing 139 NOTICE OF SERVICE of Defendant Siemens Mobility, Inc.'s Second Set of Requests for Production (Nos. 71-79) filed by Siemens Mobility Inc..(Kraftschik, Stephen) |
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SO ORDERED, re #138 MOTION for Pro Hac Vice Appearance of Attorney Scott L. Bittman filed by Siemens Mobility Inc. Signed by Judge Leonard P. Stark on 9/25/18. (ntl)
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| Filing 138 MOTION for Pro Hac Vice Appearance of Attorney Scott L. Bittman - filed by Siemens Mobility Inc.. (Kraftschik, Stephen) |
| Filing 137 DECLARATION re #136 Claim Construction Opening Brief (of Mark Supko) by Siemens Industry Inc., Siemens Mobility Inc.. (Attachments: #1 Exhibit 1-4)(Jacobs, Karen) |
| Filing 136 CLAIM CONSTRUCTION OPENING BRIEF filed by Siemens Industry Inc., Siemens Mobility Inc.. (Jacobs, Karen) |
| Filing 135 Letter to The Honorable Leonard P. Stark from Karen Jacobs regarding submission of technology tutorial - re #56 Scheduling Order,,,. (Kraftschik, Stephen) |
| Filing 134 CLAIM CONSTRUCTION OPENING BRIEF Wabtec's Opening Claim Construction Brief filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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Filing 133
ORDER Setting Mediation Conference: A Telephone Conference is set for 2/11/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 9/20/2018. (dlb)
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| Filing 132 CLAIM Construction Chart by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Caponi, Steven) |
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SO ORDERED, re #131 STIPULATION TO EXTEND TIME to meet and confer and the filing of the Joint Claim Construction Chart to September 13, 2018 filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Leonard P. Stark on 9/13/18. (ntl)
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| Filing 131 STIPULATION TO EXTEND TIME to meet and confer and the filing of the Joint Claim Construction Chart to September 13, 2018 - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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Filing 130
ORDER re #126 MOTION to Substitute Party: Siemens Mobility, Inc. to replace Siemens Industry, Inc. - Siemens Mobility Inc. added. Siemens Industry Inc. terminated. Signed by Judge Leonard P. Stark on 9/4/18. (ntl)
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| Filing 129 REDACTED VERSION of #126 MOTION to Substitute Party: Siemens Mobility, Inc. to replace Siemens Industry, Inc. by Siemens Industry Inc.. (Attachments: #1 Exhibit A)(Kraftschik, Stephen) |
| Filing 128 NOTICE OF SERVICE of Siemens' Proposed Claim Constructions filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 127 NOTICE OF SERVICE of List of Proposed Constructions for Claim Terms Previously Identified for Construction filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 126 [SEALED] MOTION to Substitute Party: Siemens Mobility, Inc. to replace Siemens Industry, Inc. - filed by Siemens Industry Inc.. (Attachments: #1 Exhibit A)(Kraftschik, Stephen) |
| Filing 125 Joint STATUS REPORT Joint Interim Status Report by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 8/22/2018. (dlb)
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| Pro Hac Vice Attorney Laura D. Gradel,Kathleen Wallace,John M. Majoras for Westinghouse Air Brake Technologies Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Filing 124 [SEALED] Transcript of Portion of Preliminary Injunction Hearing held on August 1, 2018 before Chief Judge Leonard P. Stark. (bpg) |
| Filing 123 Official Transcript of Preliminary Injunction Hearing held on August 1, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone No. (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/13/2018. Release of Transcript Restriction set for 11/13/2018. (bpg) |
| Filing 122 REDACTED VERSION of #120 Letter, re Reply re Motion for Leave to File Amended Counterclaims by Siemens Industry Inc.. (Kraftschik, Stephen) |
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SO ORDERED, re #115 MOTION for Pro Hac Vice Appearance of Attorney Kathleen Wallace, Laura Diss Gradel, and John M. Majoras filed by Westinghouse Air Brake Technologies Corporation, #119 MOTION for Pro Hac Vice Appearance of Attorney John S. Gibson, Chahira Solh, Kent A. Gardiner, Sima Namiri-Kalantari filed by Siemens Industry Inc.. Ordered by Judge Christopher J. Burke on 8/13/2018. (jcs)
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| Filing 121 Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding Request for Oral Argument - re #107 MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims --. (Kraftschik, Stephen) |
| Filing 120 [SEALED] Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding Reply re Motion for Leave to File Amended Counterclaims - re #107 MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims --. (Kraftschik, Stephen) |
| Filing 119 MOTION for Pro Hac Vice Appearance of Attorney John S. Gibson, Chahira Solh, Kent A. Gardiner, Sima Namiri-Kalantari - filed by Siemens Industry Inc.. (Kraftschik, Stephen) |
| Filing 118 NOTICE OF SERVICE of Responses and Objections to Defendants First Set of Interrogatories (Nos. 1-7) and Responses and Objections to Defendants First Set of Requests for Production (Nos. 1-69) filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 117 RESPONSE to Motion re #107 MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims -- Westinghouse Air Brake Technologies Corporation's (d/b/a Wabtec Corporation) Letter Brief in Opposition to Siemens' Motion to Amend Counterclaims filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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Filing 116
MEMORANDUM ORDER re #48 MOTION for Preliminary Injunction filed by Westinghouse Air Brake Technologies Corporation is DENIED. Signed by Judge Leonard P. Stark on 8/2/18. (ntl)
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| Filing 115 MOTION for Pro Hac Vice Appearance of Attorney Kathleen Wallace, Laura Diss Gradel, and John M. Majoras - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 114 STIPULATION TO EXTEND TIME of Certain Deadlines to various dates (see Stipulation) - filed by Siemens Industry Inc.. (Kraftschik, Stephen) |
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SO ORDERED D.I. #114 STIPULATION TO EXTEND TIME of Certain Deadlines to various dates (see Stipulation) filed by Siemens Industry Inc.. Ordered by Judge Christopher J. Burke on 8/2/2018. (dlb)
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| Minute Entry for proceedings held before Judge Leonard P. Stark - Preliminary Injunction Hearing held on 8/1/2018. (Court Reporter B. Gaffigan.) (ntl) |
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SO ORDERED D.I. #113 Stipulation filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 7/27/2018. (dlb)
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| Filing 113 STIPULATION Governing Defendant's Motion to Amend Counterclaims Stipulation and [Proposed] Order Governing Defendant's Motion to Amend Counterclaims by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 112 REDACTED VERSION of #108 Letter, by Siemens Industry Inc.. (Kraftschik, Stephen) |
| Filing 111 REDACTED VERSION of #107 MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims -- by Siemens Industry Inc.. (Kraftschik, Stephen) |
| CORRECTING ENTRY: Corrected Exhibit A added to D.I. 107 per request of counsel. (ntl) |
| Filing 110 REDACTED VERSION of #105 Declaration of Kathryn L. Clune by Siemens Industry Inc.. (Attachments: #1 Exhibits 33-42)(Kraftschik, Stephen) |
| Filing 109 REDACTED VERSION of #104 Sur-Reply Brief, re Preliminary Injuction Motion by Siemens Industry Inc.. (Kraftschik, Stephen) |
| Filing 108 [SEALED] Letter to The Honorable Leonard P. Stark from Stephen J. Kraftschik regarding motion to amend - re #107 MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims --. (Kraftschik, Stephen) |
| Filing 107 [SEALED] MOTION to Amend/Correct #42 Answer to Complaint, Counterclaim -- Motion for Leave to Amend Counterclaims -- - filed by Siemens Industry Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kraftschik, Stephen) (Attachment 1 replaced on 7/26/2018) (ntl). |
| Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 7/18/2018. (Court Reporter Dale Hawkins.) (ntl) |
| Filing 106 Letter to Judge Stark from Steven L. Caponi, Esq. regarding Pre-Hearing Teleconference. (Caponi, Steven) |
| Pro Hac Vice Attorney Jacob Z. Zambrzycki for Siemens Industry Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Filing 105 [SEALED] DECLARATION re #104 Sur-Reply Brief, of Kathryn L. Clune by Siemens Industry Inc.. (Attachments: #1 Exhibits 33-42)(Kraftschik, Stephen) |
| Filing 104 [SEALED] SUR-REPLY BRIEF re #48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction filed by Siemens Industry Inc.. (Kraftschik, Stephen) |
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Filing 103
ORAL ORDER: IT IS HEREBY ORDERED that the Telephone Conference scheduled for July 18, 2018 will begin at 1:30 p.m. ORDERED by Judge Leonard P. Stark on 7/3/18. (ntl)
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| Filing 102 NOTICE OF SERVICE of (1) Defendant Siemens Industry, Inc.'s First Set of Interrogatories (Nos. 1-8) and (2) Defendant Siemens Industry, Inc.'s First Set of Requests for Production (Nos. 1-69) filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 101 NOTICE OF SERVICE of Wabtec Corporations List of Proposed Claim Terms for Construction filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 100 NOTICE OF SERVICE of Siemens' Identification of Claim Terms to be Construed filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 99 NOTICE to Take Deposition of Frank Wilson on June 26, 2018 filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 98 REDACTED VERSION of #88 Reply Brief, by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit P-LL)(Caponi, Steven) |
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Filing 97
SO ORDERED, re #95 STIPULATION and Order Rescheduling Preliminary Injunction Hearing Date re #48 MOTION for Preliminary Injunction filed by Westinghouse Air Brake Technologies Corporation -- A Preliminary Injunction Hearing is set for 8/1/2018 at 09:00 AM in Courtroom 6B. Signed by Judge Leonard P. Stark on 6/20/18. (ntl) (ntl).
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Filing 96
ORAL ORDER: The pre-hearing teleconference scheduled for June 26 at 9:00 AM is CANCELLED and RESCHEDULED for July 18 at 12:45 PM. On July 13, the parties shall file a joint letter regarding issues to be discussed at the pre-hearing teleconference. ORDERED by Judge Leonard P. Stark on 6/20/18. (ntl)
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| Filing 95 STIPULATION Rescheduling Preliminary Injunction Hearing Date re #48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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Filing 94
ORAL ORDER: Having reviewed Defendant's request for expedited consideration of its Motion to Strike or in the Alternative for Leave to File a Sur-Reply and to Extend Hearing Date (D.I. 92, 93), IT IS HEREBY ORDERED that expedited consideration is GRANTED. Plaintiff shall file a letter, not to exceed three pages, responding to Defendant's motion by tomorrow at 11:00 AM. Today's deadline for the parties' joint letter to the Court regarding issues for the pre-hearing teleconference is CONTINUED. ORDERED by Judge Leonard P. Stark on 6/19/18. (ntl)
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| Filing 93 Letter to The Honorable Leonard P. Stark from Karen Jacobs regarding Siemens Industry, Inc.'s Motion to Strike or, in the Alternative, for Leave to File a Sur-Reply and to Extend Hearing Date - re #92 MOTION to Strike #88 Reply Brief, or in the Alternative for Leave to File A Sur-Reply and to Extend Hearing Date. (Attachments: #1 Exhibit A)(Jacobs, Karen) |
| Filing 92 MOTION to Strike #88 Reply Brief, or in the Alternative for Leave to File A Sur-Reply and to Extend Hearing Date - filed by Siemens Industry Inc.. (Jacobs, Karen) |
| Filing 91 Expert Report of M. Frank Wilson filed by Westinghouse Air Brake Technologies Corporation Expert Report of M. Frank Wilson Regarding U.S. Patent No. 8,478,463. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Caponi, Steven) |
| Filing 90 DECLARATION re #88 Reply Brief, Declaration of C. Douglass Locke, Ph.D. in Support of Wabtec's Reply in Support of Its Preliminary Injunction by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit A-B)(Caponi, Steven) |
| Filing 89 DECLARATION re #88 Reply Brief, Declaration of Steven L. Caponi in Support of Westinghouse Airbrake Technologies Corporation (d/b/a Wabtec Corporation)'s Reply in Support of Its Motion for a Preliminary Injunction by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit 1)(Caponi, Steven) |
| Filing 88 [SEALED] REPLY BRIEF re #48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction filed by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit P-U, #2 Exhibit V-Z, #3 Exhibit AA-FF, #4 Exhibit GG-LL, #5 Certificate of Service)(Caponi, Steven) |
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SO ORDERED, re #87 STIPULATION and [Proposed] Order Regarding Page Limits filed by Westinghouse Air Brake Technologies Corporation. Signed by Judge Leonard P. Stark on 6/7/18. (ntl)
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| Filing 87 STIPULATION Stipulation and [Proposed] Order Regarding Page Limits by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 86 NOTICE OF SERVICE of Siemens Industry, Inc.'s Initial Invalidity Contentions filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 85 NOTICE to Take Deposition of John Loud, MSEE (Amended) on June 1, 2018 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 84 REDACTED VERSION of #79 Declaration of Kathryn L. Clune by Siemens Industry Inc.. (Attachments: #1 Exhibits 1-25, #2 Exhibits 26-32)(Kraftschik, Stephen) |
| Filing 83 REDACTED VERSION of #78 Answering Brief in Opposition, to Motion for Preliminary Injunction by Siemens Industry Inc.. (Kraftschik, Stephen) |
| Filing 82 NOTICE to Take Deposition of John Loud, MSEE on June 1, 2018 filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 81 DECLARATION re #78 Answering Brief in Opposition, -- Declaration of John Loud, MSEE (Volume 2 of 2) (Exhibits H-M) -- by Siemens Industry Inc.. (Attachments: #1 Exhibits H-M)(Jacobs, Karen) |
| Filing 80 Third Party DECLARATION re #78 Answering Brief in Opposition, -- Declaration of John Loud, MSEE (Volume 1 of 2) (Exhibits A-G) -- by Siemens Industry Inc.. (Attachments: #1 Exhibits A-G)(Jacobs, Karen) |
| Filing 79 [SEALED] DECLARATION re #78 Answering Brief in Opposition, -- Declaration of Kathryn L. Clune -- by Siemens Industry Inc.. (Attachments: #1 Exhibits 1-25, #2 Exhibits 26-32)(Jacobs, Karen) |
| Filing 78 [SEALED] ANSWERING BRIEF in Opposition re #48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction filed by Siemens Industry Inc..Reply Brief due date per Local Rules is 5/16/2018. (Jacobs, Karen) |
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SO ORDERED, re #77 Stipulation and Order Regarding Page Limits filed by Siemens Industry Inc. Signed by Judge Leonard P. Stark on 5/8/18. (ntl)
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SO ORDERED D.I. #77 Stipulation Regarding Extension of Page Limits for Siemens' Answering Brief re Wabtec's PI Motion filed by Siemens Industry Inc. Ordered by Judge Christopher J. Burke on 5/8/2018. (dlb)
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| Filing 77 STIPULATION Regarding Extension of Page Limits for Siemens' Answering Brief re Wabtec's PI Motion by Siemens Industry Inc.. (Kraftschik, Stephen) |
| Filing 76 NOTICE OF SERVICE of Plaintiff Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)s Initial Infringement Contentions filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 75 NOTICE OF SERVICE of Second Supplemental Responses and Objections to Defendant Siemens Industry, Inc.s First Set of Interrogatories (Nos. 1-12) Related to the Preliminary Injunction Motion filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 74 NOTICE to Take Deposition of Doublass Locke, Ph.D. on May 1, 2018 filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 73 NOTICE to Take Deposition of Robert C. Bourg on April 30, 2018 filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 72 NOTICE to Take Deposition of Tim Wesley on May 1, 2018 filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 71 NOTICE to Take Deposition of Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation on April 30, 2018 (Rule 30(b)(6) Deposition) filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 70 NOTICE OF SERVICE of (1) Siemens' Response to Wabtec's First Set of Interrogatories (Nos. 1-9); and (2) Siemens' Response to Wabtec's First Set of Requests for the Production of Documents and Things (Nos. 1-50) filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 69 NOTICE OF SERVICE of Responses and Objections to Defendant Siemens Industry, Inc.s First Set of Interrogatories (Nos. 1-12) Related to the Preliminary Injunction Motion and Responses and Objections to Defendant Siemens Industry, Inc.s First Set of Requests for Production (Nos. 1-41) Related to the Preliminary Injunction Motion filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 68 NOTICE OF SERVICE of (1) Initial Production of Sales Figures; and (2) Initial Production of Core Technical Documents filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 67 NOTICE OF SERVICE of Initial Disclosures Pursuant to This Courts Default Standard for Discovery filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 66 NOTICE OF SERVICE of Defendant's Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 65 NOTICE OF SERVICE of Responses and Objections to Defendant Siemens Industry, Inc.s First Set of Requests for Admission (No. 1-37) Related to the Preliminary Injunction Motion; Responses and Objections to Defendant Siemens Industry, Inc.s First Set of Requests for Production (Nos. 1-41) Related to the Preliminary Injunction Motion; and Responses and Objections to Defendant Siemens Industry, Inc.s Frist Set of Interrogatories (Nos. 1-12) Related to the Preliminary Injunction Motion filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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SO ORDERED D.I. #62 MOTION for Pro Hac Vice Appearance of Attorney Jacob C. Vannette, Esq. filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 3/21/2018. (dlb)
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| Filing 64 NOTICE OF SERVICE of First Set of Interrogatories to Defendant Siemens Industry, Inc. (Nos. 1-9) and First Set of Requests for Production of Documents and Things (Nos. 150) to Defendant Siemens Industry, Inc. filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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SO ORDERED D.I. #63 Proposed Stipulated Protective Order filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 3/9/2018. (dlb)
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| Filing 63 PROPOSED ORDER [Stipulated] Protective Order by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 62 MOTION for Pro Hac Vice Appearance of Attorney Jacob C. Vannette, Esq. - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 61 NOTICE OF SERVICE of (1) First Set of Interrogatories (Nos. 1-12) Related to the Preliminary Injunction Motion to Plaintiff, (2) First Set of Requests for Production (Nos. 1-37) Related to the Preliminary Injunction Motion to Plaintiff and (3) Requests for Admission (Nos. 1-37) Related to the Preliminary Injunction Motion to Plaintiff filed by Siemens Industry Inc..(Kraftschik, Stephen) |
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SO ORDERED D.I. #59 Proposed Revised Scheduling Order for Motion on Preliminary Injunction re D.I. #55 filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 3/6/2018. (dlb)
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| Filing 60 NOTICE OF SERVICE of Initial Disclosures of Defendant Siemens Industry, Inc. Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Siemens Industry Inc..(Kraftschik, Stephen) |
| Filing 59 Joint PROPOSED ORDER [Revised Proposed] Scheduling Order for Motion on Preliminary Injunction re #55 Letter, by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 58 NOTICE OF SERVICE of Initial Disclosures filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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REVISED ORAL ORDER The Court, having reviewed the parties' joint proposal regarding scheduling issues related to Plaintiff's motion for a preliminary injunction ("PI Motion"), (D.I. 55), and having discussed the parties' positions during today's telephonic Case Management Conference, hereby ORDERS as follows: (1) For the reasons set out on today's teleconference, the Court agrees with Plaintiff that it should be permitted to file the PI Motion and to have that motion adjudicated.; (2) In light of the time it took for Plaintiff to file the PI Motion, the schedule for resolution of that motion need not be as aggressive as in the typical case involving requested preliminary injunctive relief.; (3) The following deadlines should be included in any final proposed schedule regarding the PI Motion that the parties submit to the Court: (a) Defendant's answering brief regarding the PI Motion shall be due on May 9, 2018; (b) Plaintiffs' reply brief shall be due on June 11, 2018; (c) A pre-hearing teleconference will be held on June 26, 2018 at 9:00 am; and (d) the hearing on the PI Motion will be held on July 3, 2018 at 9:00 am.; (4) Defendant may pursue the types of discovery set out in D.I. 55, ex. A at 1; (5) Plaintiff may take depositions of Defendant's declarants (if any), after Defendant's answering brief is filed.; (6) By no later than March 5, 2018, the parties shall submit a revised proposed schedule for the PI Motion that takes into account these decisions, and that addresses any other issues/deadlines necessary. To the extent there are any remaining disputes as to that schedule, the parties shall note them in an accompanying joint letter, which should be no more than two (2) single-spaced pages. Ordered by Judge Christopher J. Burke on 2/26/2018. (dlb) .
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| Filing 57 NOTICE OF SERVICE of Initial Identification of Accused Products, Asserted Patents, and Damages Model filed by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
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Filing 56
SCHEDULING ORDER: Joinder of Parties due by 8/24/2018. Amended Pleadings due by 8/24/2018. Discovery due by 4/5/2019. Opening Expert Reports due by 5/3/2019. Rebuttal Expert Reports due by 6/7/2019. Expert Discovery due by 8/30/2019. Status Report due by 8/24/2018. Dispositive Motions due by 9/30/2019. A Motion Hearing is set for 12/3/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 9/5/2018. Claim Construction Answering Brief due by 10/5/2018. A Markman Hearing is set for 11/26/2018 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 3/27/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 4/13/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 2/26/2018. (dlb)
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ORAL ORDER: The Court, having reviewed the parties' joint proposal regarding scheduling issues related to Plaintiff's motion for a preliminary injunction ("PI Motion"), (D.I. 55), and having discussed the parties' positions during today's telephonic Case Management Conference, hereby ORDERS as follows: (1) For the reasons set out on today's teleconference, the Court agrees with Plaintiff that it should be permitted to file the PI Motion and to have that motion adjudicated.; (2) In light of the time it took for Plaintiff to file the PI Motion, the schedule for resolution of that motion need not be as aggressive as in the typical case involving requested preliminary injunctive relief.; (3) The following deadlines should be included in any final proposed schedule regarding the PI Motion that the parties submit to the Court: (a) Plaintiff's answering brief regarding the PI Motion shall be due on May 9, 2018; (b) Plaintiffs' reply brief shall be due on June 11, 2018; (c) A pre-hearing teleconference will be held on June 26, 2018 at 9:00 am; and (d) the hearing on the PI Motion will be held on July 3, 2018 at 9:00 am.; (4) Plaintiff may pursue the types of discovery set out in D.I. 55, ex. A at 1; (5) Defendant may take depositions of Plaintiff's declarants (if any), after Plaintiff's answering brief is filed.; (6) By no later than March 5, 2018, the parties shall submit a revised proposed schedule for the PI Motion that takes into account these decisions, and that addresses any other issues/deadlines necessary. To the extent there are any remaining disputes as to that schedule, the parties shall note them in an accompanying joint letter, which should be no more than two (2) single-spaced pages. Ordered by Judge Christopher J. Burke on 2/26/2018. (dlb)
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| CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 2/26/2018. The Court gave the parties key dates for the schedule and will enter the Proposed Scheduling Order shortly. The Court also discussed with the parties the parties positions regarding the schedule for the Preliminary Injunction motion and proceedings. This matter is taken under advisement. The Court will issue a separate Oral Order as to this matter. (Clerk, D. Benyo) APPEARANCES: S. Caponi, A. Barry, D. Beane for Plaintiff; K. Jacobs, K. Clune for Defendant. (Court Reporter Valerie Gunning.) (dlb) |
| Filing 55 Joint Letter to The Honorable Christopher J. Burke from All Parties regarding Scheduling Issues Related to Plaintiff's Motion for a Preliminary Injunction. (Attachments: #1 Exhibit A - Proposed Scheduling Order for Preliminary Injunction Motion)(Caponi, Steven) |
| CORRECTING ENTRY: Exhibit A added to D.I. #51 per request of counsel. (ntl) |
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ORAL ORDER: The Court, having reviewed the parties' recent letters regarding Plaintiff's Motion for a Preliminary Injunction ("PI Motion") and the Case Management Conference ("CMC") scheduled for February 26, 2018 at 1:30 p.m., hereby ORDERS as follows: (1) The CMC will be held telephonically, and both outside counsel and Delaware for each side shall appear by phone.; (2) By no later than Friday, February 23, 2018, the parties shall meet and confer regarding a proposed schedule relating to discovery and briefing for the PI Motion (assuming that the Court permits the PI Motion to go forward).; (3) By no later than the same date---February 23, 2018--- the parties shall submit a joint letter, of no more than four (4) single-spaced pages, setting out either an agreed-upon PI Motion schedule, or their respective differing proposed schedules.; (4) During the CMC, the Court will discuss with the parties whether to schedule proceedings on the PI Motion, and if so, what procedures and schedule should apply.; and (5) Defendant's deadline to file an answering brief to the PI Motion is stayed, until further order of the Court.. Ordered by Judge Christopher J. Burke on 2/20/2018. (mlc)
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| Filing 54 Letter to The Honorable Christopher J. Burke from Steven L. Caponi, Esq. regarding Siemens' letter of February 14, 2018 - re #53 Letter,. (Caponi, Steven) |
| Filing 53 Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding the motion for preliminary injunction that Plaintiff filed last Friday, February 9, 2018 (D.I. 48) - re #48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction. (Attachments: #1 Exhibit A)(Jacobs, Karen) |
| Filing 52 [SEALED] DECLARATION re #49 Opening Brief in Support, Declaration of Timothy Wesley in Support of Wabtec's Motion for Preliminary Injunction by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 51 [SEALED] DECLARATION re #49 Opening Brief in Support, Declaration of Robert Bourg in Support of Wabtec's Motion for Preliminary Injunction by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Exhibit 1-3)(Caponi, Steven) (Additional attachment(s) added on 2/22/2018: #2 Exhibit A) (ntl). |
| Filing 50 [SEALED] Expert Report of C. Douglass Locke, Ph.D. filed by Westinghouse Air Brake Technologies Corporation Expert Report of C. Douglass Locke, Ph.D. Regarding the Infringement of U.S. Patent No. 8,478,463. (Attachments: #1 Exhibit 1, #2 Appendix A-D)(Caponi, Steven) |
| Filing 49 [SEALED] OPENING BRIEF in Support re #48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction filed by Westinghouse Air Brake Technologies Corporation.Answering Brief/Response due date per Local Rules is 2/23/2018. (Attachments: #1 Exhibit A-O)(Caponi, Steven) |
| Filing 48 MOTION for Preliminary Injunction Westinghouse Air Brake Technologies Corporation (d/b/a Wabtec Corporation)'s Motion for a Preliminary Injunction - filed by Westinghouse Air Brake Technologies Corporation. (Attachments: #1 Text of Proposed Order)(Caponi, Steven) |
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Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 2/26/2018 at 01:30 PM before Judge Christopher J. Burke. Because the proposed order is without any disputes, only Delaware counsel should appear in person. Outside counsel may participate telephonically. Ordered by Judge Christopher J. Burke on 1/17/2018. (dlb)
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| Filing 47 PROPOSED ORDER [Proposed] Scheduling Order re #46 Letter by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 46 Letter to The Honorable Christopher J. Burke from Steven L. Caponi, Esq. regarding Submission of Case Management Checklist. (Attachments: #1 Case Management Checklist)(Caponi, Steven) |
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SO ORDERED D.I. #45 Stipulation Regarding Cross-Use Agreement filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 1/12/2018. (dlb)
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| Filing 45 STIPULATION Stipulation Regarding Cross-Use Agreement by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Pro Hac Vice Attorney Alan L. Barry for Westinghouse Air Brake Technologies Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
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SO ORDERED D.I. #43 MOTION for Pro Hac Vice Appearance of Attorney Alan L. Barry, Jason A. Engel, Benjamin E. Weed, Devon Curtis Beane, and Gina A. Jenero filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 1/9/2018. (dlb)
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| Filing 44 ANSWER to #42 Answer to Complaint, Counterclaim Wabtec's Answer to Siemens' Counterclaims by Westinghouse Air Brake Technologies Corporation.(Caponi, Steven) |
| Filing 43 MOTION for Pro Hac Vice Appearance of Attorney Alan L. Barry, Jason A. Engel, Benjamin E. Weed, Devon Curtis Beane, and Gina A. Jenero - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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SO ORDERED D.I. #39 MOTION for Pro Hac Vice Appearance of Attorney Mark M. Supko, Kathryn L. Clune, Vincent J. Galluzzo, Joshua M. Rychlinski and Jacob Z. Zambrzycki filed by Siemens Industry Inc. Ordered by Judge Christopher J. Burke on 12/20/2017. (dlb)
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| Filing 42 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against Westinghouse Air Brake Technologies Corporation by Siemens Industry Inc..(Jacobs, Karen) |
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ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 12/15/2017. (dlb)
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| Filing 41 Joint STATEMENT Pursuant to D. Del. LR 81.2 by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
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SO ORDERED D.I. #40 STIPULATION TO EXTEND TIME Respond to Complaint to December 15, 2017 filed by Westinghouse Air Brake Technologies Corporation. Ordered by Judge Christopher J. Burke on 12/6/2017. (dlb)
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| Filing 40 STIPULATION TO EXTEND TIME Respond to Complaint to December 15, 2017 - filed by Westinghouse Air Brake Technologies Corporation. (Caponi, Steven) |
| Filing 39 MOTION for Pro Hac Vice Appearance of Attorney Mark M. Supko, Kathryn L. Clune, Vincent J. Galluzzo, Joshua M. Rychlinski and Jacob Z. Zambrzycki - filed by Siemens Industry Inc.. (Kraftschik, Stephen) |
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Filing 38
ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 11/30/17. (ntl)
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| CORRECTING ENTRY: Corrected document added to D.I. #37 per request of counsel. (ntl) |
| Filing 37 NOTICE OF WITHDRAWAL OF COUNSEL -- G. Richard Murphy, Andrew K. Fletcher, and the law firm of Pepper Hamilton LLP Withdraw as Attorneys for Siemens Industry Inc. (Kraftschik, Stephen) (Main Document 37 replaced on 11/30/2017) (ntl). Modified on 11/30/2017 (ntl). |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 36 Local Counsel Letter sent. Notice of Compliance deadline set for 12/27/2017. (crb) |
| Filing 35 Record of case transferred in from District of Pennsylvania Western; Case Number in Other District: 2:17-cv-01184. Copy of Docket Sheet and original file |
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Filing 34
ORDER indicating that in accordance with the foregoing Memorandum Opinion #33 , it is hereby ordered that Defendant Siemens Industry, Inc.'s Motion to Transfer #19 is granted; that the Clerk of Court is directed to CLOSE this case and transfer it to the U.S. District Court for the District of Delaware, forthwith; and that Plaintiff Westinghouse Air Brake Technologies Corporation's Motion to Expedite Discovery #15 is denied, without prejudice. Signed by Judge Nora Barry Fischer on 11/20/17. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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Filing 33
MEMORANDUM OPINION indicating that, for reasons more fully stated within, Siemens' motion to transfer #19 is granted and this matter will be transferred to the District Court for the District of Delaware, forthwith. Wabtec's motion for expedited discovery #15 is denied, without prejudice, to it raising such issues in the transferee forum. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 11/20/17. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 32 REPLY BRIEF re #19 Motion to Transfer Case Pursuant to the First-Filed Rule filed by SIEMENS INDUSTRY, INC. (Attachments: #1 Exhibit A) (Fletcher, Andrew) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 31
ORDER granting #30 Motion for Leave to File Reply Brief in Support of Motion to Transfer Pursuant to the First-Filed Rule by SIEMENS INDUSTRY, INC. and that Defendant's Reply shall be filed by 11/9/17. Signed by Judge Nora Barry Fischer on 11/7/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 30 MOTION for Leave to File Reply Brief in Support of Motion to Transfer Pursuant to the First-Filed Rule by SIEMENS INDUSTRY, INC.. (Attachments: #1 Exhibit Reply Brief In Support of Motion to Transfer, #2 Proposed Order) (Fletcher, Andrew) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 29 RESPONSE IN OPPOSITION to #19 Motion to Transfer Case, filed by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Verdini, Christopher) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 28
ORDER granting #27 Plaintiff's Motion for Leave to File Excess Pages in Response to Defendant's Motion to Transfer; Accordingly, Plaintiff may file a response to Defendant's Motion to Transfer #19 of no more than 10 pages. Signed by Judge Nora Barry Fischer on 10/31/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 27 MOTION for Leave to File Excess Pages in Response to Defendant's Motion to Transfer by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Proposed Order) (Verdini, Christopher) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 26
ORDER granting #24 Motion for Joshua M. Rychlinski, Esq. to Appear Pro Hac Vice. Signed by Judge Nora Barry Fischer on 10/23/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) [Transferred from Pennsylvania Western on 11/21/2017.]
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Filing 25
ORDER granting #23 Motion for Mark M. Supko, Esq. to Appear Pro Hac Vice. Signed by Judge Nora Barry Fischer on 10/23/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 24 MOTION for attorney Joshua M. Rychlinski to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4505081) by SIEMENS INDUSTRY, INC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Rychlinski, Joshua) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 23 MOTION for attorney Mark M. Supko to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4505038) by SIEMENS INDUSTRY, INC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Supko, Mark) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 22 RESPONSE IN OPPOSITION to #15 Motion to Expedite, filed by SIEMENS INDUSTRY, INC. (Fletcher, Andrew) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 21
ORDER ON MOTIONS PRACTICE (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 10/20/2017. (bdk) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 20 BRIEF in Support re #19 Motion to Transfer Case Pursuant to the First-Filed Rule filed by SIEMENS INDUSTRY, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Fletcher, Andrew) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 19 MOTION to Transfer Case Pursuant to the First-Filed Rule by SIEMENS INDUSTRY, INC. (Attachments: #1 Proposed Order) (Fletcher, Andrew) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 18
ORDER Response/Briefing Schedule re #15 Plaintiff's Motion for Expedited Discovery: Defendant's Response to said Motion is due by 10/20/17. Signed by Judge Nora Barry Fischer on 0/13/17. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 17 NOTICE of Appearance by G. Richard Murphy on behalf of SIEMENS INDUSTRY, INC. (Murphy, G. Richard) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 16 NOTICE of Appearance by Andrew K. Fletcher on behalf of SIEMENS INDUSTRY, INC. (Fletcher, Andrew) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 15 MOTION for Expedited Discovery by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order, #5 Certificate of Conferral) (Verdini, Christopher) Modified on 10/6/2017. (jsp) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 14 First AMENDED COMPLAINT for Patent Infringement against SIEMENS INDUSTRY, INC., filed by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (Verdini, Christopher) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 13
ORDER granting #12 Motion for Jason A. Engel, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 9/19/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 12 MOTION for attorney Jason A. Engel to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4467280) by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Engel, Jason) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 11
ORDER granting #9 Motion for Devon C. Beane, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 9/19/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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Filing 10
ORDER granting #8 Motion for Alan L. Barry, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 9.19/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 9 MOTION for attorney Devon C. Beane to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4467262) by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Beane, Devon) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 8 MOTION for attorney Alan L. Barry to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4467231) by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Barry, Alan) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 7 NOTICE of Appearance by Christopher M. Verdini on behalf of WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Verdini, Christopher) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. SIEMENS INDUSTRY, INC. waiver sent on 9/13/2017, answer due 11/13/2017. (Ranjan, J.) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 5 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) [Transferred from Pennsylvania Western on 11/21/2017.] |
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Filing 4
ORDER Declining Assignment of Patent Case, in accordance with Section 1(a)(1)(C) of Public Law 111-349, Pilot Program in Certain District Courts. Signed by Judge Arthur J. Schwab on 9/12/17. (lck) [Transferred from Pennsylvania Western on 11/21/2017.]
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| Filing 3 PATENT/TRADEMARK DOCUMENTS ISSUED. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L Part 1, #15 Exhibit L Part 2, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Summons as to Siemens Industry Inc., #22 Report on the Filing or Determination of an Action Regarding a Patent or Trademark, #23 Disclosure Statement) (jv) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (jv) [Transferred from Pennsylvania Western on 11/21/2017.] |
| Filing 1 COMPLAINT against SIEMENS INDUSTRY, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-4456674), filed by WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L Part 1, #14 Exhibit L Part 2, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Summons as to Siemens Industry Inc, #21 Report on the Filing or Determination of an Action Regarding a Patent or Trademark) (jv). [Transferred from Pennsylvania Western on 11/21/2017.] |
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