Ripmax Ltd v. Horizon Hobby Inc
| Ripmax Ltd |
| Horizon Hobby Inc |
| 2:2007cv02133 |
| July 16, 2007 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Champaign |
| David G Bernthal |
| Michael P McCuskey |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on May 4, 2011. A more recent docket listing may be available from PACER.
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| Remark: Due to the Plaintiff not responding to #202 Letter re returning Plaintiff's exhibits, the Clerk shredded the Plaintiff's exhibits referenced in document #174 Exhibit List. (VB, ilcd) |
| Filing 203 Receipt signed by representative for Webber & Thies for Horizon Hobby trial exhibits included on document #173 . (KM, ilcd) |
| Filing 202 Letter from Clerk, to Counsel of Record, regarding returning Plaintiff's and Defendant's exhibits from the Jury Trial held 6/1/09 through 6/5/09. If the Clerk has not heard from Counsel by 4/27/11, the Plaintiff's and Defendant's exhibits will be destroyed by the Clerk. (VB, ilcd) |
| Filing 201 MANDATE from the United States Court of Appeals for the Federal Circuit. Copy mailed to the U.S. Court of Appeals for the Federal Circuit, 717 Madison Pl. N.W., Washington, DC 20439. (DE, ilcd) |
| Filing 200 NOTICE of Change of Address by Laura E Krawczyk (Krawczyk, Laura) |
| Filing 199 NOTICE from Federal Circuit Court of Appeals: Case No re #192 Notice of Appeal by Ripmax is 2010-1098; Case No re #195 Notice of Cross Appeal by Horizon Hobby is 2010-1099. (SP, ilcd) |
| Filing 198 TRANSCRIPT REQUEST by Horizon Hobby Inc (Krawczyk, Laura) |
| Filing 197 TRANSCRIPT REQUEST by Ripmax Ltd (McNamara, Stephen) |
| Filing 196 NOTICE - SHORT RECORD of Appeal re #195 Notice of Cross Appeal certified and sent to Clerk of Court, U S Court of Appeals for the Federal Cricuit, 717 Madison Place, NW, Washington, DC 20439. (SP, ilcd) |
| Filing 195 NOTICE OF CROSS APPEAL by Horizon Hobby Inc. Filing fee $ 455. (Krawczyk, Laura) |
| USCA Appeal Fees received $ 455 receipt number 24626001390 re #195 Notice of Cross Appeal filed by Horizon Hobby Inc (SP, ilcd) |
| Filing 194 Remark: Clerk was notified by the Court of Appeals in Chicago, IL that the Short Record on appeal should be sent to the Federal Cicuit Court of Appeals. A Short Record will be mailed to Federal Circuit U S Court of Appeals, National Courts Bldg, 717 Madison Place NW, Washington, DC 20439, on this date. (VB, ilcd) |
| USCA Appeal Fees received $ 455 receipt number 24626001355 re #192 Notice of Appeal filed by Ripmax Ltd (SP, ilcd) |
| Filing 193 Short Record of Appeal Sent to US Court of Appeals re #192 Notice of Appeal (VB, ilcd) |
| Filing 192 NOTICE OF APPEAL by Ripmax Ltd. (McNamara, Stephen) |
| Filing 191 AMENDED JUDGMENT in favor of Horizon Hobby Inc against Ripmax Ltd. Costs are taxed against Ripmax Ltd and awarded to Horizon Hobby Inc in the amount of $83,555.33. (SP, ilcd) |
| Costs Taxed in amount of $ $83,555.33 against Ripmax Ltd (SP, ilcd) |
| Filing 190 OPINION entered by Chief Judge Michael P. McCuskey on 10/15/2009. Ripmax's Renewed Motion for Judgment as a Matter of Law #181 is DENIED. Horizon Hobby's Motion for Costs and Bill of Costs #186 is GRANTED in part and DENIED in part. Costs are awarded to Horizon Hobby in the total amount of $83,555.33. See written opinion. (SP, ilcd) |
| Filing 189 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(White, Benjamin) |
| Filing 188 MEMORANDUM in Opposition re #181 MOTION for Judgment as a Matter of Law and Memorandum in Support Thereof filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Attachments: #1 Exhibit Exhibit A)(Heaton, Timothy) |
| Filing 187 +++ SEALED DOCUMENT.. (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 (part 1 of 3), #11 Exhibit J (part 2 of 3), #12 Exhibit J (part 3 of 3), #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V (part 1 of 2), #25 Exhibit V (part 2 of 2), #26 Bill of Costs)(Krawczyk, Laura) |
| Filing 186 MOTION for Bill of Costs by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 7/27/2009 (Krawczyk, Laura) |
| Filing 185 Transcript of Proceedings JURY TRIAL held on June 5, 2009, before Chief Judge Michael P. McCuskey. Court Reporter/Transcriber LC, Telephone number 217-384-2290. Transcript purchased by: Plaintiff and Defendant. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. (SP, ilcd) |
| Filing 184 Transcript of Proceedings JURY TRIAL held on June 4, 2009, before Chief Judge Michael P. McCuskey. Court Reporter/Transcriber LC, Telephone number 217-384-2290. Transcript purchased by: Plaintiff and Defendant. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. (SP, ilcd) |
| Filing 183 Transcript of Proceedings JURY TRIAL held on June 3, 2009, before Chief Judge Michael P. McCuskey. Court Reporter/Transcriber LC, Telephone number 217-384-2290. Transcript purchased by: Plaintiff and Defendant. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. (SP, ilcd) Modified on 7/1/2009 (SP, ilcd). |
| Filing 182 Transcript of Proceedings JURY TRIAL held on June 2, 2009, before Chief Judge Michael P. McCuskey. Court Reporter/Transcriber LC, Telephone number 217-384-2290. Transcript purchased by: Plaintiff and Defendant. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. (SP, ilcd) Modified on 7/1/2009 to correct typographical error. (SP, ilcd) |
| Filing 181 MOTION for Judgment as a Matter of Law and Memorandum in Support Thereof by Plaintiff Ripmax Ltd. Responses due by 7/9/2009 (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Benjamin) |
| Filing 180 REPORT on the filing or determination of an action regarding patent. (Forwarded to Director of US Patent and Trademark Office with a copy of the complaint, minutes from 6/5/09, verdict and judgment.) (SP, ilcd) |
| Filing 178 JUDGMENT in favor of Horizon Hobby Inc against Ripmax Ltd. (SP, ilcd) |
| Filing 177 JURY VERDICT entered in favor of Horizon Hobby, Inc and against Ripmax Ltd. (SP, ilcd) |
| Filing 176 Jury Notes - Court's answers to jury questions.(SP, ilcd) |
| Filing 175 Jury Notes - Jury questions during deliberation.(SP, ilcd) |
| Filing 174 Exhibit List by Ripmax Ltd. (SP, ilcd) |
| Filing 173 Exhibit List by Horizon Hobby Inc. (SP, ilcd) |
| Minute Entry for proceedings held before Chief Judge Michael P. McCuskey: Jury Trial continued on 6/5/2009. Same appearances. Jury deliberation continues. Jury questions discussed; answers from the Court given to jury. Jury in with verdict. Verdict read into the record; jury finds for Horizon Hobby Inc on all claims. Jury excused, trial completed. (Court Reporter LC) (SP, ilcd) |
| Notice of Docket Text or Event Modification re #171 Jury Instructions - CLEAN COPY. The Clerk changed the filing date of this document from 6/5/09 to the correct date of 6/4/09. (VB, ilcd) |
| Filing 172 Jury Note to the Court on 6/4/09 re continuing to deliberate on 6/5/09. (VB, ilcd) Modified on 6/5/2009 to correct the filing date from 6/5/09 to the correct date of 6/4/09 (VB, ilcd). |
| Filing 171 Jury Instructions - CLEAN COPY. (VB, ilcd) Modified on 6/5/2009 to correct filing date from 6/5/09 to 6/4/09 (VB, ilcd). |
| Filing 170 Jury Instructions - GIVEN. (VB, ilcd) |
| Filing 169 MOTION for Judgment as a Matter of Law by Ripmax Ltd. Responses due by 6/22/2009 (VB, ilcd) |
| Filing 168 TRIAL Exhibits for Jury Deliberation by Horizon Hobby Inc. (VB, ilcd) |
| Filing 167 Jury Notes - Questions from Jurors filed on 6/4/09. (VB, ilcd) |
| Minute Entry for proceedings held before Chief Judge Michael P. McCuskey. Jury Trial continued on 6/4/2009. Same appearances. Verdict form discussed. Trial exhibits for jury deliberation by Horizon submitted. Jury present and evidence continues for Defendant. Jury questions asked by the Court and answered by the witness. Defendant rests. Jury out until 1:00. Plaintiff orally moves for judgment as a matter of law. Motion is denied. Defendant files written motion for judgment as a matter of law. Motion is denied. Jury instructions conference held. Jury now present, and jury instructions are given to the jury. Closing arguments held by Horizon. Jury out. Court reconvenes with jurors present. Closing arguments held by Ripmax. Rebuttal by Horizon. Court Security Officer sworn. Jury out to deliberate at 3:38 PM. Court reconvenes, and the Jury is present in open court at 4:40 PM. The Jury is out until 6/5/09 at 8:30 AM. Court is in recess until 6/5/09 at 8:30 AM.(Court Reporter L C.) (VB, ilcd) |
| Filing 179 Exhibit List by Ripmax Ltd. (SP, ilcd) |
| Filing 166 AMENDED TRIAL Exhibit List by Horizon Hobby Inc. (VB, ilcd) |
| Filing 165 Proposed Jury Instruction to follow ABA 2.2.3 (Court's Instruction 14) by Horizon Hobby Inc. (SP, ilcd) Modified on 6/4/2009 to correct filing date to 6/3/2009. (SP, ilcd) |
| Filing 164 Jury Notes - Questions from the jury to witnesses on 6/3/2009. (SP, ilcd) |
| Filing 163 NOTICE - Horizon Hobby, Inc's Deposition Designation Summary (SP, ilcd) |
| Minute Entry for proceedings held before Chief Judge Michael P. McCuskey: Jury Trial continued on 6/3/2009; same appearances. Discussion regarding exhibits. Exhibits admitted over objection by agreement of parties. Jury in; evidence for plaintiff continued. Witnesses sworn, testimony heard. Juror questions for witness. Juror questions asked by the court and answered by witness. Plaintiff rests. Evidence for defendant. Witness sworn, testimony heard. Questions from the jury; no objection. Questions asked by the court and answered by the witness. Evidence continues. Jury trial continued; jurors to report at 9:30 a.m. on 6/4/2009. Jury instruction conference held. Court in recess until 9:00 a.m. on 6/4/2009. (Court Reporter LC) (SP, ilcd) |
| Minute Entry for proceedings held before Chief Judge Michael P. McCuskey: Jury Trial continued on 6/2/2009. Same appearances. Discussion regarding demonstration of products; Court denies demonstration. Opinion #162 read into the record by the Court. Jury present in open court. Preliminary instructions read to the jury. Opening statements heard. Stipulation of uncontested material facts read to the jury. Evidence for the plaintiff. Witnesses sworn; testimony heard. Jury trial continued; jurors to report at 9:00 a.m. on 6/3/2009. Court in recess until 8:45 a.m. on 6/3/2009. (Court Reporter LC.) (SP, ilcd) |
| Filing 162 OPINION entered by Chief Judge Michael P. McCuskey on 06/2/2009. IT IS THEREFORE ORDERED THAT: Horizon's Motion for Clarification on Proposed Jury Instruction 2.2.3 #160 is GRANTED. This court construes the phrase "periodically repeated time frame," included in claim 1 of the '128 patent, to mean "control data is transmitted continuously in repeated frames without interruption." This court's construction will be included in Jury Instruction 2.2.3. See written opinion. (SP, ilcd) |
| Minute Entry for proceedings held on 6/1/2009 before Chief Judge Michael P. McCuskey: Appearance of Stephen McNamara, Steven Simonis, Benjamin White and Andrew Bequette as counsel and Nick Moss as managing director for Ripmax Ltd. Appearance of James Bollinger, Timothy Heaton, Laura Krawczyk and John Thies as counsel and Steve Hall as vice president for Horizon Hobby Inc. Jury Trial began. Jurors sworn as to qualifications; voir dire held. Statement of the case read. Jury empaneled and sworn to try the case. Jurors excused until 6/2/2009 at 9:00 a.m. Discussion held regarding demonstrative exhibits; objections heard. Recess until 8:30 a.m. on 6/2/2009. (Court Reporter LC) (SP, ilcd) |
| Filing 160 MOTION Clarification re #155 Proposed Jury Instructions by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 6/15/2009 (Heaton, Timothy) |
| Notice of Docket Text or Event Modification re #157 Final Pretrial Order. The Clerk corrected the Exhibits to indicate that the Exhibits attached to the Final Pretrial Order are A-C and F-L, as Exhibits D and E are the Witness Lists of the parties. (VB, ilcd) |
Filing 157
PRETRIAL ORDER entered by Chief Judge Michael P. McCuskey on 5/28/09. (Attachments: #1 Exhibit A-C and F-L)(VB, ilcd) Modified on 5/29/2009 to correct the exhibits in Pretrial Order (VB, ilcd).
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| Minute Entry for proceedings held 5/28/09 before Chief Judge Michael P. McCuskey. Appearance of Attorneys Steven Simonis, Stephen McNamara, and Andrew Bequette for plaintiff. Appearance of Attorney James Bollinger and John Thies for defendant. Final Pretrial Conference held. Voir dire questions discussed. Proposed pretrial order discussed. Pretrial Order entered by the Court. Proposed jury instructions discussed. Attorneys are to appear in Court at 8:45 a.m. on 6/1/09. (Court Reporter L C.) (VB, ilcd) |
| Filing 156 Proposed Jury Instructions by Ripmax Ltd. (Attachments: #1 Proposed Verdict Form)(McNamara, Stephen) |
| Filing 155 Proposed Jury Instructions by Horizon Hobby Inc. (Attachments: #1 Proposed Verdict Form)(Krawczyk, Laura) |
| Filing 154 Proposed Pretrial Order by Ripmax Ltd, Horizon Hobby Inc. (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)(Krawczyk, Laura) |
| Notice of Docket Text or Event Modification regarding Final Pretrial Conference. Clerk corrected the Minute Entry of 5/12/09 to set the Final Pretrial Conference to 5/28/09 at 9:30 AM. See Minute Entry of 5/12/09. (SLJ, ilcd) |
| Minute Entry for proceedings held before Chief Judge Michael P. McCuskey. Final Pretrial Conference held on 5/12/2009. Appearance of Counter/plaintiff by James Bollinger/Laura Krawczyk/John Thies/Timothy Heaton. Appearance of Counter/defendant by Steven Simonis/Andrew Bequette/Stephen McNamara. Final Pretrial Order is due 5/26/09. All agreed upon instructions, plaintiff's instructions; defendant's objections to plaintiff's instructions due by 5/26/09. Final Pretrial Conference set for 5/28/2009 at 9:30 AM by telephone from Urbana (court will place call) before Chief Judge Michael P. McCuskey. Clerk to call Steven Simonis; Andrew Bequette; Stephen McNamara;James Bollinger and John Thies for 5/26/09 hearing. Ripmax to file additional instructions or objections by 5/29/09. Plaintiff to file Statement of Case by 5/29/09. Jury Trial remains set at 9:00 AM on 6/1/09. (Court Reporter LC.) (SLJ, ilcd) Modified on 5/13/2009 to correct date Final Pretrial Conference is set. (SLJ, ilcd). |
| Set/Reset Hearings: Final Pretrial Conference set for 5/28/2009 at 9:30 AM by telephone from Urbana (court will place call) before Chief Judge Michael P. McCuskey. See Minute Entry of 5/12/09 for all other information. (SLJ, ilcd) |
| Filing 153 OPINION entered by Chief Judge Michael P. McCuskey on 5/11/09. IT IS THEREFORE ORDERED THAT: (1) Horizon's Motion for Summary Judgment of Inequitable Conduct #103 is DENIED. (2) Ripmax's Cross Motion for Summary Judgment of No Inequitable Conduct #109 is GRANTED. Judgment is entered in favor of Ripmax and against Horizon on Horizon's First Amended Counterclaim #100 as to Horizon's claim of inequitable conduct. (3) Horizon's Motion in Limine to Alter Order of Proofs #123 is GRANTED. (4) Horizon's Motion in Limine to Preclude Evidence of Infringement, Damages, and Secondary Considerations of Nonobviousness based on Defendant's Products #124 is GRANTED. (5) Ripmax's Motion in Limine Precluding Defendant's Use of Translations to Prove Inequitable Conduct #126 is MOOT. (6) Ripmax's Motion in Limine Precluding Use of the Futaba Drivelink Manuals as Prior Art to the 128 Patent #127 is DENIED. (7) Ripmax's Motion in Limine to Exclude Trial Exhibits 578 and 648 from the Jury #140 is GRANTED. (8) Ripmax's Motion to Preclude Testimony by Thomas Fuja, Ph.D. Regarding Patent Prosecution Practice and Patent Office Procedure #141 is MOOT. (9) Ripmax's Motion in Limine for Bench Trial on Issues of Unenforceability and Inequitable Conduct #142 is MOOT. (10) Horizon's Motion for Leave to Amend the Scheduling Order #143 is MOOT. (11) Horizons Second Motion for Summary Judgment of Non-infringement #101 remains pending. (12) This case remains scheduled for a final pretrial conference on May 12, 2009, at 1:30 p.m. and a jury trial on June 1, 2009, at 9:00 a.m. solely on the issue of the invalidity of the 128 patent. See written Order. (VB, ilcd) |
| Filing 152 Proposed Voir Dire by Ripmax Ltd, Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 151 REPLY to Response to Motion re #143 MOTION for Leave to Amend the Scheduling Order to Permit Legal Expert Richard Killworth filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 150 REPLY to Response to Motion re #140 MOTION in Limine To Exclude Trial Exhibits 578 and 648 From The Jury filed by Plaintiff Ripmax Ltd. (McNamara, Stephen) |
| Filing 149 REPLY to Response to Motion re #142 MOTION in Limine For Bench Trial On Issues Of Unenforceability and Inequitable Conduct filed by Plaintiff Ripmax Ltd. (McNamara, Stephen) |
| Filing 148 MEMORANDUM in Opposition re #140 MOTION in Limine To Exclude Trial Exhibits 578 and 648 From The Jury filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 147 MEMORANDUM in Opposition re #142 MOTION in Limine For Bench Trial On Issues Of Unenforceability and Inequitable Conduct filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 146 MEMORANDUM in Opposition re #141 MOTION in Limine To Preclude Testimony By Thomas Fuja, PH.D Regarding Patent Prosecution Practice and Patent Office Procedure filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Heaton, Timothy) |
| Filing 145 MEMORANDUM in Opposition re #143 MOTION for Leave to Amend the Scheduling Order filed by Plaintiff Ripmax Ltd. (Attachments: #1 Exhibit 1)(McNamara, Stephen) |
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Filing 144
ORDER entered by Magistrate Judge David G. Bernthal on 3/10/09. Accordingly, the Motion and Memorandum in Support for Sanctions and Fees #79 is DENIED. See written Order. (VB, ilcd)
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| NOTICE OF HEARING: At the request of counsel, the final pretrial conference set for 5/15/2009 at 1:30 PM is RESET for 5/12/2009 at 1:30 PM in Courtroom A before Chief Judge Michael P. McCuskey. (MB, ilcd) |
| Filing 143 MOTION for Leave to Amend the Scheduling Order by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 3/19/2009 (Krawczyk, Laura) |
| Filing 142 MOTION in Limine For Bench Trial On Issues Of Unenforceability and Inequitable Conduct by Plaintiff Ripmax Ltd. Responses due by 3/19/2009 (McNamara, Stephen) |
| Filing 141 MOTION in Limine To Preclude Testimony By Thomas Fuja, PH.D Regarding Patent Prosecution Practice and Patent Office Procedure by Plaintiff Ripmax Ltd. Responses due by 3/19/2009 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(White, Benjamin) |
| Filing 140 MOTION in Limine To Exclude Trial Exhibits 578 and 648 From The Jury by Plaintiff Ripmax Ltd. Responses due by 3/19/2009 (McNamara, Stephen) |
| Filing 139 +++ SEALED DOCUMENT.. (McNamara, Stephen) |
| Filing 138 Proposed Pretrial Order by Ripmax Ltd. (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)(McNamara, Stephen) |
| Filing 137 BRIEF Defendants Memorandum of Law in Response to Ripmax Ltd.s Objection to Horizon Hobbys Proposed Jury Instruction on Inequitable Conduct re #136 Objection by Horizon Hobby Inc. (Krawczyk, Laura) |
| Minute Entry for proceedings held 1/23/09 before Chief Judge Michael P. McCuskey. Appearance of Attorney Steven Simonis/Attorney Andrew Bequette/ Stephen McNamara for plaintiff. Appearance of James Bollinger/Laura Krawczyk/John Thies/Timothy Heaton for defendant. Final Pretrial Conference held. Proposed Final Pretrial Order filed and the parties are to e-file proposed Pretrial Order. Jury Trial set on 2/2/09 is vacated. Final Pretrial Conference set for 5/15/2009 at 1:30 PM in Courtroom A before Chief Judge Michael P. McCuskey. Jury Selection/Jury Trial set for 6/1/2009 at 9:00 AM in Courtroom A before Chief Judge Michael P. McCuskey. Any Motions are due by 3/2/2009. Responses due by 3/16/2009. Replies due by 3/30/2009. Any voir dire questions are due by miscellaneous deadline of 5/1/2009. Any objections to voir dire questions are due by other deadline of 5/8/2009. (VB, ilcd) |
| Filing 136 OBJECTION to Horizon Hobby, Inc.'s Proposed Jury Instructions on Inequitable Conduct by Ripmax Ltd. (Attachments: #1 Exhibit A)(White, Benjamin) |
| Filing 135 NOTICE of Appearance of Attorney by Stephen P McNamara on behalf of Ripmax Ltd (McNamara, Stephen) |
| Filing 134 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit D (Sealed))(Krawczyk, Laura) |
| Filing 133 REPLY to Response to Motion re #127 MOTION in Limine Precluding Use Of The Futaba Drivelink Manuals As Prior Art To the '128 Patent filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J)(Krawczyk, Laura) |
| Filing 132 RESPONSE to Motion re #126 MOTION in Limine Precluding Horizon's Use Of Translations to Prove Inequitable Conduct filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Attachments: #1 Exhibit A)(Heaton, Timothy) |
| Filing 131 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit O, #2 Exhibit P)(Krawczyk, Laura) |
| Filing 130 REPLY to Response to Motion re #101 Second MOTION for Summary Judgment OF NON-INFRINGEMENT OF U.S. PATENT NO. 6,983,128 filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Attachments: #1 Exhibit N, #2 Exhibit Q)(Krawczyk, Laura) |
| Filing 129 RESPONSE to Motion re #124 MOTION in Limine to Preclude Evidence of Infringement, Damages, and Secondary Considerations of Nonobviousness Based on Horizons Products filed by Plaintiff Ripmax Ltd. (White, Benjamin) |
| Filing 128 RESPONSE to Motion re #123 MOTION in Limine To Alter Order of Proofs filed by Plaintiff Ripmax Ltd. (White, Benjamin) |
| Filing 127 MOTION in Limine Precluding Use Of The Futaba Drivelink Manuals As Prior Art To the '128 Patent by Plaintiff Ripmax Ltd. Responses due by 1/16/2009 (Attachments: #1 Memorandum In Support of Motion in Limine Precluding Use of the Futaba Drivelink Manuals)(Simonis, Steven) |
| Filing 126 MOTION in Limine Precluding Horizon's Use Of Translations to Prove Inequitable Conduct by Plaintiff Ripmax Ltd. Responses due by 1/16/2009 (Attachments: #1 Memorandum in Support of Ripmax's Motion in Limine Precluding Horizon's Use of Translations, #2 Affidavit of Steven B. Simonis in Support of Ripmax's Motion in Limine Precluding Horizon's Use of Translation, #3 Exhibit A to Declaration of Steven B. Simonis)(Simonis, Steven) |
| Filing 125 +++ SEALED DOCUMENT.. (Krawczyk, Laura) |
| Filing 124 MOTION in Limine to Preclude Evidence of Infringement, Damages, and Secondary Considerations of Nonobviousness Based on Horizons Products by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 1/16/2009 (Krawczyk, Laura) |
| Filing 123 MOTION in Limine To Alter Order of Proofs by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 1/16/2009 (Attachments: #1 Exhibit A)(Krawczyk, Laura) |
| Filing 122 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Todd M. Oberdick in Support of Response to Second Motion for Summary Judgment)(Oberdick, Todd) |
| Filing 121 RESPONSE to Motion re #101 Second MOTION for Summary Judgment OF NON-INFRINGEMENT OF U.S. PATENT NO. 6,983,128 filed by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. (Attachments: #1 Affidavit of Todd M. Oberdick In Response to Def. Second Motion for Summary Judgment)(Oberdick, Todd) |
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TEXT ORDER granting #120 Motion for Extension of Time to File Motions in Limine. The parties are allowed until 12/30/2008 to file their Motions in Limine. Entered by Chief Judge Michael P. McCuskey on 12/23/2008. (DK2, ilcd)
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| Filing 120 Joint MOTION for Extension of Time to File Motions in Limine by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 1/8/2009 (Simonis, Steven) |
| Filing 119 OPINION Entered by Chief Judge Michael P. McCuskey on 12/18/08. Plaintiff's Motion for Leave to File a Reply Memorandum #114 is DENIED. Plaintiff's Reply Memorandum #113 is hereby stricken. Plaintiff's Motion for Clarification #107 is DENIED, in part, and GRANTED, in part. The Motion is granted only to the extent that this court clarifies that Defendant's second Motion for Summary Judgment on the issue of non-infringement #101 remains pending and will be decided by this court. In addition, Defendant's Motion for Summary Judgment on the issue of inequitable conduct #103 , filed under seal as a Memorandum in Support of Motion for Summary Judgment, remains pending. Defendant's Motion for Sanctions and Fees #79 also remains pending.(5) This case remains scheduled for a final pretrial conference on January 23, 2009, at 3:30 p.m., and a jury trial on February 2, 2009, at 9:00 a.m. See written Opinion. (SLJ, ilcd) |
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TEXT ORDER granting #115 Motion to Amend/Correct. Entered by Chief Judge Michael P. McCuskey on 12/17/2008. (DK2, ilcd)
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Filing 118
ORDER entered by Chief Judge Michael P. McCuskey on 12/15/08. Final Pretrial Conference is set for 1/23/2008 at 3:30 PM in Courtroom A before Chief Judge Michael P. McCuskey. See written Order. (VB, ilcd)
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| Set/Reset Hearings: Due to a typographical error, the Clerk reset the Final Pretrial Conference correctly for 1/23/2009 at 3:30 PM in Courtroom A before Chief Judge Michael P. McCuskey. (VB, ilcd) |
| Filing 117 RESPONSE to Motion re #114 MOTION for Leave to File A Reply Memorandum In Support Of Its Motion for Reconsideration (Docket No. 113 and 113-2 filed on November 20, 2008) MOTION for Leave to File A Reply Memorandum In Support Of Its Motion for Reconsideration (Docket No. 113 and 113-2 filed on November 20, 2008) filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 116 RESPONSE to Motion re #115 MOTION to Amend/Correct #112 Sealed Document filed by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. (Bequette, Andrew) |
| Filing 115 MOTION to Amend/Correct #112 Sealed Document by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 12/11/2008 (Krawczyk, Laura) |
| Filing 114 MOTION for Leave to File A Reply Memorandum In Support Of Its Motion for Reconsideration (Docket No. 113 and 113-2 filed on November 20, 2008) by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 12/8/2008 (Attachments: #1 Exhibit 1)(Simonis, Steven) |
| Filing 113 STRICKEN REPLY to Response to Motion re #107 MOTION for Reconsideration re #106 Order on Motion for Summary Judgment, Order on Motion for Leave to File,,, filed by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. (Attachments: #1 Exhibit Exhibit A)(Simonis, Steven) Modified on 12/18/2008 STRIKING document pursuant to Opinion entered 12/18/08. (SLJ, ilcd) |
| Filing 112 +++ SEALED DOCUMENT.. (Krawczyk, Laura) |
| Filing 111 MEMORANDUM in Opposition re #107 MOTION for Reconsideration re #106 Order on Motion for Summary Judgment, Order on Motion for Leave to File,,,,,,,,,, filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 110 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Text of Proposed Order)(White, Benjamin) |
| Filing 109 +++ SEALED DOCUMENT.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(White, Benjamin) |
| Filing 108 MEMORANDUM in Support of re #107 MOTION for Reconsideration re #106 Order on Motion for Summary Judgment, Order on Motion for Leave to File,,,,,,,,,, by Ripmax Ltd. (Simonis, Steven) |
| Filing 107 MOTION for Reconsideration re #106 Order on Motion for Summary Judgment, Order on Motion for Leave to File,,,,,,,,,, by Plaintiff Ripmax Ltd. Responses due by 11/10/2008 (Simonis, Steven) |
| Filing 106 OPINION entered by Chief Judge Michael P. McCuskey on 10/7/08. IT IS THEREFORE ORDERED THAT: (1) Plaintiff's Motion to File Surreply #95 is DENIED. (2) Defendant's Motion for Summary Judgment #60 is GRANTED in part and DENIED in part. (3) Defendant's Motion #60 is GRANTED on the issue of non-infringement. Accordingly, judgment is entered in favor of Defendant and against Plaintiff on Plaintiffs Complaint #1 and on Defendant's First Amended Counterclaim #100 as to Defendant's request for a declaration that the claims of the '128 patent are not infringed by Defendant. (4) Defendant's Motion #60 is DENIED on the issue of invalidity. Defendant's claim that the '128 patent is invalid remains pending. In addition, Defendant's claim that the '128 patent is unenforceable due to inequitable conduct and Defendant's request for injunctive relief and attorney's fees, which are included in Defendant's First Amended Counterclaim #100 , remain pending. (5) Defendant's Motion for Sanctions and Fees #79 also remains pending. (6) This case remains scheduled for a final pretrial conference on January 23, 2009, and a jury trial on February 2, 2009. (7) This case is referred to Judge Bernthal for further proceedings. See written Opinion. (VB, ilcd) |
| Filing 105 Response by Ripmax Ltd re #100 Answer to Complaint Response to Amended Counterclaim. (White, Benjamin) |
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Filing 104
ORDER entered by Magistrate Judge David G. Bernthal on 9/30/08. For the reasons stated, the Court DENIES Defendant's motion #75 for the sanction of a negative inference and DENIES Defendant's motion #75 to compel production of Ms Harper's pre-deposition notes. In addition, the Court directs Ripmax to complete its response to requests for evidence related to the autotrim, autopilot, and receiver on a chip projects within seven days of the filing date of this Order. See written Order. (VB, ilcd) Modified on 9/30/2008 to reflect that this Order is an Opinion (VB, ilcd).
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| Filing 103 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A - O, #2 Exhibit P - Z, #3 Text of Proposed Order)(Krawczyk, Laura) |
| Filing 102 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit C, J, K, M (UNDER SEAL))(Krawczyk, Laura) |
| Filing 101 Second MOTION for Summary Judgment OF NON-INFRINGEMENT OF U.S. PATENT NO. 6,983,128 by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 10/23/2008 (Attachments: #1 Exhibit A, B, D, E, F, G, #2 Exhibit H, I, L, #3 Text of Proposed Order)(Krawczyk, Laura) |
| Filing 100 First Amended ANSWER to #1 Complaint , Defenses and Counterclaim by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc.(Thies, John) |
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Filing 99
ORDER entered by Magistrate Judge David G. Bernthal on 9/23/08. Defendant's motion #66 is GRANTED. Defendant is directed to electronically file its first amended answer and counterclaim within seven days of the date of this Order. See written Order. (VB, ilcd) Modified on 9/23/2008 to reflect that this is an Opinion (VB, ilcd). Modified on 9/23/2008 to correct the Judge's name from Harold A. Baker to David G. Bernthal (VB, ilcd).
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| Notice of Docket Text or Event Modification re #99 Order on Motion for Leave to File. The Clerk erred in choosing Judge Harold A. Baker as the Judge, when #99 Order was e-filed. The Clerk has corrected the Judge's name to be Magistrate Judge David G. Bernthal, who entered #99 Order. (VB, ilcd) |
| Filing 98 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Krawczyk, Laura) |
| Filing 97 MEMORANDUM in Opposition re #95 MOTION for Leave to File Surreply to Defendant Horizon Hobby, Inc.'s Motion for Summary Judgment filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
| Filing 96 +++ SEALED DOCUMENT.. (White, Benjamin) |
| Filing 95 MOTION for Leave to File Surreply by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 10/2/2008 (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Exhibit B)(White, Benjamin) |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/12/08. Defendant Horizon Hobby's Motion to File Supplemental Facts in Support For its Motion to Amend Pleadings Under Rule 15(a) #81 is DENIED. (VB, ilcd)
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/10/08. Defendant reported to the Clerk of Court that their document, Defendant Horizon Hobby's Motion for Leave to File Reply to Address New Arguments Raised by Plaintiff Ripmax Ltd. or, in the Alternative, for Oral Argument #93 was missing portions of paragraph 3 and Defendant asked for guidance on rectifying their mistake. Upon instruction from the Court, the Clerk of Court directed Defendant to re file the corrected motion which was filed as #94 . Therefore, this Court strikes #93 as moot. (VB, ilcd)
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/10/08. Defendant Horizon Hobby's (Amended) Motion for Leave to File Reply to Address New Arguments Raised by Plaintiff Ripmax Ltd or, in the Alternative, for Oral Argument #94 is DENIED. (VB, ilcd)
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| Filing 94 MOTION for Leave to File Reply to Address New Arguments Raised by Plaintiff Ripmax Ltd., or, in the Alternative, for Oral Argument by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/26/2008 (Attachments: #1 Exhibit A - Memorandum)(Thies, John) |
| Filing 93 MOTION for Leave to File Reply to Address New Arguments Raised by Plaintiff, Ripmax Ltd, or, in the Alternative for Oral Arguement by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/25/2008 (Attachments: #1 Exhibit A - Memorandum)(Thies, John) |
| Filing 92 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Benjamin) |
| Filing 91 RESPONSE to Motion re #81 MOTION to Supplement #66 MOTION for Leave to File Amended Answer and Counterclaim with Supplemental Facts MOTION to Supplement #66 MOTION for Leave to File Amended Answer and Counterclaim with Supplemental Facts filed by Plaintiff Ripmax Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Benjamin) |
| Filing 90 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(White, Benjamin) |
| Filing 89 MEMORANDUM in Opposition re #75 MOTION to Compel and Order for the Sanction of an Adverse Inference filed by Plaintiff Ripmax Ltd. (Attachments: #1 Affidavit, #2 Affidavit Dec of BCW, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(White, Benjamin) |
| Filing 88 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Sealed Ex H, #2 Exhibit Sealed Ex. L)(White, Benjamin) |
| Filing 87 MEMORANDUM in Opposition re #79 MOTION for Sanctions and Fees PUBLIC VERSION filed by Plaintiff Ripmax Ltd. (Attachments: #1 Affidavit Decl of BCW, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex. D, #6 Exhibit Ex E, #7 Exhibit Ex F, #8 Exhibit Ex G, #9 Exhibit Ex I, #10 Exhibit Ex J, #11 Exhibit Ex K, #12 Exhibit Ex M, #13 Affidavit Aff of Moss)(White, Benjamin) |
| Filing 86 NOTICE of Appearance of Attorney by Todd M Oberdick on behalf of Ripmax Ltd (Oberdick, Todd) |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 8/28/08. Defendant's Motion for a Limited Extension of the Discovery Schedule to Complete Discovery of Futaba, Inc. #85 is GRANTED. The current discovery schedule will be extended 30 days, limited to the completion of Futaba, Inc.'s document collection. (MT, ilcd)
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| Set/Reset Deadlines: Discovery extended to 9/30/2008, limited to completion of Futaba's document collection. (MT, ilcd) |
| Filing 85 MOTION for Extension of Time to Complete Discovery of Futaba by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/12/2008 (Krawczyk, Laura) |
| Filing 84 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. C, #3 Exhibit Exh. D, #4 Exhibit Exh. E, #5 Exhibit Exh. F)(Krawczyk, Laura) |
| Filing 83 REPLY to Response to Motion re #60 MOTION for Summary Judgment of Non-Infringement and Invalidity of U.S. Patent 6,983,128 filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Attachments: #1 Exhibit B)(Krawczyk, Laura) |
| Filing 82 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B)(Krawczyk, Laura) |
| Filing 81 MOTION to Supplement #66 MOTION for Leave to File Amended Answer and Counterclaim with Supplemental Facts by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/2/2008 (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B)(Krawczyk, Laura) |
| Filing 80 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Exh. K, #2 Exhibit Exh. O)(Krawczyk, Laura) |
| Filing 79 MOTION for Sanctions and Fees by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/2/2008 (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Exh. E, #6 Exhibit Exh. F, #7 Exhibit Exh. G, #8 Exhibit Exh. H, #9 Exhibit Exh. I, #10 Exhibit Exh. J, #11 Exhibit Exh. L, #12 Exhibit Exh. M, #13 Exhibit Exh. N, #14 Exhibit Exh. P, #15 Exhibit Exh. Q, #16 Exhibit Exh. R, #17 Text of Proposed Order Proposed Order)(Krawczyk, Laura) |
| Filing 78 NOTICE of Appearance of Attorney by Kara J Wade on behalf of Horizon Hobby Inc (Wade, Kara) |
| Filing 77 NOTICE of Appearance of Attorney by David C Thies on behalf of Horizon Hobby Inc (Thies, David) |
| Filing 76 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Exh. B, #2 Exhibit Exh. H, #3 Exhibit Exh. I, #4 Exhibit Exh. K)(Krawczyk, Laura) |
| Filing 75 MOTION to Compel and Order for the Sanction of an Adverse Inference by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/2/2008 (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. C, #3 Exhibit Exh. D, #4 Exhibit Exh. E, #5 Exhibit Exh. F, #6 Exhibit Exh. G, #7 Exhibit Exh. J, #8 Exhibit Exh. L, #9 Exhibit Exh. M, #10 Exhibit Exh. N, #11 Exhibit Exh. O, #12 Text of Proposed Order Proposed Order)(Krawczyk, Laura) |
| Filing 74 NOTICE of Appearance of Attorney by John E Thies on behalf of Horizon Hobby Inc (Thies, John) |
| Filing 73 MEMORANDUM in Opposition re #66 MOTION for Leave to File Amended Answer and Counterclaim filed by Plaintiff Ripmax Ltd. (Attachments: #1 Affidavit Decl. of BCW, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(White, Benjamin) |
| Filing 72 +++ SEALED DOCUMENT.. (White, Benjamin) |
| Filing 71 +++ SEALED DOCUMENT.. (White, Benjamin) |
| Filing 70 +++ SEALED DOCUMENT.. (White, Benjamin) |
| Filing 69 +++ SEALED DOCUMENT.. (White, Benjamin) |
| Filing 68 MEMORANDUM in Opposition re #60 MOTION for Summary Judgment filed by Plaintiff Ripmax Ltd. (Attachments: #1 Affidavit Decl. of BCW, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(White, Benjamin) |
| Filing 67 +++ SEALED DOCUMENT.. (Heaton, Timothy) |
| Filing 66 MOTION for Leave to File Amended Answer and Counterclaim by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 8/4/2008 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Krawczyk, Laura) |
| Filing 65 Response by Ripmax Ltd re #64 Response to Motion,. (Bequette, Andrew) |
| Filing 64 RESPONSE to Motion re #62 First MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Summary JudgmentFirst MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Summary Judgment and Request for Extension for Rebuttal Deadline filed by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (Krawczyk, Laura) |
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TEXT ORDER granting #62 Motion for Extension of Time to File Response re #60 MOTION for Summary Judgment. Plaintiff's Response is due by 8/1/2008. Defendant's Reply is due by 8/15/2008. All other deadlines remain in full force and effect. Entered by Chief Judge Michael P. McCuskey on 06/18/2008. (DK2, ilcd)
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| Filing 63 MEMORANDUM in Support of re #62 First MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Summary JudgmentFirst MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Summary Judgment by Ripmax Ltd. (Bequette, Andrew) |
| Filing 62 First MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Summary Judgment by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 7/7/2008 (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - Letter, #3 Exhibit C - Letter, #4 Exhibit D - Letter, #5 Affidavit Part One, #6 Affidavit Part Two, #7 Exhibit F - Letter, #8 Exhibit G - Letter)(Bequette, Andrew) |
| Filing 61 NOTICE of Appearance of Attorney by Timothy P Heaton on behalf of Horizon Hobby Inc (Heaton, Timothy) |
| Filing 60 MOTION for Summary Judgment by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 7/4/2008 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, part 1, #4 Exhibit C part 2, #5 Exhibit D, #6 Exhibit E, #7 Errata F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Errata k, #13 Text of Proposed Order)(Krawczyk, Laura) |
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Filing 59
REVISED DISCOVERY ORDER entered by Magistrate Judge David G. Bernthal on 5/15/08. The Joint Motion for an Extension of Time #58 is GRANTED. The matter is scheduled for final pretrial conference by personal appearance before the Honorable Michael P. McCuskey, Chief U.S. District Judge, on January 23, 2009 at 3:30 p.m. The matter is scheduled for jury selection and jury trial before the Honorable Michael P, McCuskey, Chief U.S. District Judge, on February 2, 2009, at 9:00 a.m. (approx. 5-6 days) (Case No. 3). See written Order. (VB, ilcd)
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| Set/Reset Deadlines/Hearings: Pursuant to filing of #59 Revised Discovery Order, the following deadlines are set: All discovery, including deposition of experts, is to be completed by 8/26/2008. Defendant`s Expert Disclosure due by 6/3/2008. Plaintiff`s Expert Disclosure due by 6/3/2008. Motions due by 9/29/2008. Final Pretrial Conference set for 1/23/2009 at 3:30 PM in Courtroom A before Chief Judge Michael P. McCuskey. Jury Selection and Jury Trial are set for 2/2/2009 at 9:00 AM in Courtroom A before Chief Judge Michael P. McCuskey. (VB, ilcd) |
| Filing 58 Joint MOTION for Extension of Time to Complete Discovery by Defendant Horizon Hobby Inc. Responses due by 6/2/2008 (Attachments: #1 Exhibit A)(Shugrue, John) |
| Filing 57 Letters Rogatory issued. Returned to Attorney John Shugrue of Law Firm Morgan Lewis & Bockius LLP for service. (VB, ilcd) |
| Filing 56 NOTICE Declaration of Timothy P. Heaton In Support of Horizon Hobby, Inc.'s Application for Issuance of Letters Rogatory re #55 Notice (Other), Notice (Other), #54 Notice (Other), Notice (Other) (Shugrue, John) |
| Filing 55 NOTICE Request for International Judicial Assistance (Letters Rogatory) re #54 Notice (Other), Notice (Other) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Shugrue, John) |
| Filing 54 NOTICE Horizon Hobby's Unopposed Application for the Issuance of Letters Rogatory (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Shugrue, John) |
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Filing 53
ORDER entered by Magistrate Judge David G. Bernthal on 3/27/08. Accordingly, Plaintiff's Motion for Entry of Emergency Protective Orders Pursuant to Fed. R. Civ. P. 26(c) #49 is DENIED. See written Order. (VB, ilcd)
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 3/24/08. Plaintiff's Motion for Leave to File a Reply #52 is DENIED. No reply to a response is permitted according to CDIL-LR 7.1(B)(3). (VB, ilcd)
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| Filing 52 MOTION for Leave to File Reply to Response to Motion by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 4/7/2008 (Attachments: #1 Exhibit A - Reply to Motion, #2 Exhibit 1 - Proposed Order)(Bequette, Andrew) |
| Filing 51 RESPONSE to Motion re #49 MOTION for Protective Order filed by Defendant Horizon Hobby Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shugrue, John) |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 3/13/08. A review of the document docketed as Motion for Protective Order by Plaintiff Ripmax, Ltd. #49 reveals that the document is actually Plaintiff's Motion for Entry of Emergency Protective Orders pursuant to Fed. R. Civ. P. 26(c). The Court has reviewed the motion and determined that it is entitled to an expedited resolution. Accordingly, Defendant is ordered to respond by 3/19/08. (SLJ, ilcd)
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| Filing 50 MEMORANDUM in Support of re #49 MOTION for Protective Order by Ripmax Ltd. (Attachments: #1 Exhibit A - Certification of attempt to resolve dispute)(Bequette, Andrew) |
| Filing 49 MOTION for Protective Order by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 3/21/2008 (Attachments: #1 Exhibit A - Protective Order 1, #2 Exhibit B - Protective Order 2)(Bequette, Andrew) |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/26/07. Attys Bollinger, Krawczyk, Puppa, and Shugrue have satisfied the requirement contained in this Court's 9/7/07 minute entry that they complete admission to CD/IL by 10/1/07. Counsel is reminded that if they haven't already, they must also obtain their electronic filing password.(SLJ, ilcd)
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Filing 48
DISCOVERY ORDER entered by Magistrate Judge David G. Bernthal on 9/12/07. Final Pretrial Conference set for 1/23/2009 at 3:30 PM in Courtroom A before Chief Judge Michael P. McCuskey. Jury Selection/Jury Trial set for 2/2/2009 at 9:00 AM in Courtroom A before Chief Judge Michael P. McCuskey. (approx. 5-6 days) (Case No. 3) See written order. (VB, ilcd)
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| ORAL MOTION by attorney Charles Lee to Withdraw as Attorney for Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. (SLJ, ilcd) |
| Minute Entry for proceedings held before Magistrate Judge David G. Bernthal. Rule 16 Scheduling Conference held on 9/7/2007. Appearance of Plaintiff/Counter Defendant Ripmax Ltd by Benjamin White, Richard Basile, Steven Simonis and Andrew Bequette. Appearance of Defendant/Counter Claimant Horizon Hobby Inc by James Bollinger, Thomas Puppa, Laura Krawczyk and John Shugrue. Status of counsel being admitted and registration for electronic filing being submitted discussed. All required oath cards and registration forms to be submitted by 10/1/07. Oral motion for Attorney Charles Lee to be termed from this case. Court granted Oral Motion to Withdraw as Attorney. Attorney Charles T Lee terminated. Plan discussed and approved. Dates set; written order to be entered. ADR options discussed. Consent to proceed before Magistrate Judge offered to all counsel. (Tape #UR-C 1:36 p.m.) (SLJ, ilcd) |
| Filing 47 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Horizon Hobby Inc. (Shugrue, John) |
| Filing 46 CERTIFICATE OF SERVICE by Horizon Hobby Inc (Shugrue, John) |
| Filing 45 CERTIFICATE of Service of Initial Disclosures. (Bequette, Andrew) |
| Filing 44 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Ripmax Ltd. (Bequette, Andrew) |
| Filing 43 CERTIFICATE of Service of Initial Disclosures. (Bequette, Andrew) DOCUMENT STRICKEN. Modified on 9/5/2007 (MT, ilcd). |
| Filing 42 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Ripmax Ltd. (Bequette, Andrew) DOCUMENT STRICKEN. Modified on 9/5/2007 (MT, ilcd). |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 9/5/07. Atty Bequette reports that his recent filings #42 and #43 were filed in error. Therefore, the Court strikes #42 and #43 and Plaintiff is granted leave to refile the corrected documents.(MT, ilcd)
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 8/27/07. Plaintiff's Motion to Convert Hearing from Personal Appearance to Telephonic Conference #41 is GRANTED. The Rule 16 hearing scheduled for 9/7/07 @ 1:30 p.m. is converted from personal appearance to telephone conference. The Court will initiate the call. Counsel is cautioned that electronic filing is mandatory in the CD/IL. Therefore, any counsel that has not completed their admission to practice or have not obtained their electronic filing passwords are ordered to complete that process. The Court will inquire at the 9/7/07 hearing as to the status. (VB, ilcd)
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| Filing 41 First MOTION Telephone Conference conversion from personal appearance by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 9/10/2007 (Bequette, Andrew) |
| Filing 40 REPORT of Rule 26(f) Planning Meeting by Ripmax Ltd. (Bequette, Andrew) |
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Filing 39
STIPULATED PROTECTIVE ORDER entered by Magistrate Judge David G. Bernthal on 8/24/07 granting #38 Motion for Protective Order. See written order. (VB, ilcd)
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| Filing 38 MOTION for Protective Order by Plaintiff Ripmax Ltd, Counter Defendant Ripmax Ltd. Responses due by 9/10/2007 (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Beckett, Chad) |
| Filing 37 MOTION to Withdraw as Attorney Jennifer A Black by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/6/2007. (VB, ilcd) |
| Filing 36 MOTION for Leave of Court to File Motion Conventionally by Defendant Horizon Hobby Inc, Counter Claimant Horizon Hobby Inc. Responses due by 9/6/2007. (VB, ilcd) |
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 8/20/07. Defendant and Counter-Claimant Horizon Hobby, Inc.'s Motion to Withdraw Appearance #37 is GRANTED. The Clerk of Court is directed to terminate Jennifer Ann Black from this case. Attorney Jennifer Ann Black is terminated. (VB, ilcd)
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TEXT ORDER entered by Magistrate Judge David G. Bernthal on 8/20/07. This Court is in receipt of Defendant and Counter-Claimant Horizon Hobby, Inc.'s Motion for Leave of Court to File Motion Conventionally. That motion is GRANTED. The Clerk of Court is directed to conventionally file both the Motion for Leave of Court to File Motion Conventionally and Defendant's Motion to Withdraw Appearance. (VB, ilcd)
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| Filing 35 NOTICE of Appearance of Attorney by John D Shugrue on behalf of Horizon Hobby Inc (Shugrue, John) |
| Filing 34 NOTICE of Appearance of Attorney by Chad S Beckett on behalf of Ripmax Ltd (Beckett, Chad) |
| Filing 33 NOTICE of Appearance of Attorney by Andrew W B Bequette on behalf of Ripmax Ltd (Bequette, Andrew) |
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Filing 32
ORDER entered by Magistrate Judge David G. Bernthal on 8/1/07 setting Rule 16 Scheduling Conference for 9/7/2007 @ 1:30 PM by personal appearance in Courtroom C before Magistrate Judge David G. Bernthal. See written Order. (SLJ, ilcd)
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| Case transferred in from Springfield Division on 07/18/2007; Old case number in Springfield was 3:07-cv-3187. New case number in Urbana is 2:07-cv-2133. Case is assigned to Chief Judge Michael P. McCuskey and Magistrate Judge David G. Bernthal. (VB, ilcd) |
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TEXT ORDER: This case is transferred to the Urbana Division. Entered by Judge Jeanne E. Scott on 7/18/07. (CC, ilcd)
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| Filing 31 Case transferred in from District of Connecticut; Case Number 07-386. Original file with documents numbered 1-30, certified copy of transfer order and docket sheet received.(CC, ilcd) |
| Filing 19 ANSWER to #17 Counterclaim by Ripmax Ltd.(CC, ilcd) |
| Filing 17 ANSWER to #1 Complaint and Affirmative Defenses, COUNTERCLAIM against Ripmax Ltd by Defendant Horizon Hobby Inc(CC, ilcd) |
| Filing 1 COMPLAINT against Defendant Horizon Hobby Inc, filed by Plaintiff Ripmax Ltd. (Attachments: #1 Exhibit A)(CC, ilcd) |
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