Tellabs Operation, Inc. |
Fujitsu Limited and Fujitsu Network Communications, Inc. |
Tellabs, Inc. and Tellabs North America, Inc. |
1:2008cv03379 |
June 11, 2008 |
US District Court for the Northern District of Illinois |
Patent Office |
Du Page |
James F Holderman |
Plaintiff |
Federal Question |
Both |
This docket was last retrieved on December 11, 2014. A more recent docket listing may be available from PACER.
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Filing 597 ANNOUNCEMENT OF SETTLEMENT BY PARTIES OF ALL CLAIMS, COUNTERCLAIMS, THIRD-PARTY CLAIMS AND APPEALS. Signed by the Honorable James F. Holderman on 12/11/2014.Notice mailed by judge's staff (ntf, ) |
Filing 596
TRANSCRIPT OF PROCEEDINGS held on 8/17/2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 595
TRANSCRIPT OF PROCEEDINGS held on 7/19/2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 594
TRANSCRIPT OF PROCEEDINGS held on 7/16/2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 593 STIPULATED THIRD AMENDED PROTECTIVE Order. Signed by the Honorable James F. Holderman on 3/12/13. Notice mailed by judge's staff (ntf, ) |
Filing 592 TRANSMITTED to the Federal Circuit the short record on notice of appeal #591 . Notified counsel (dj ) Modified on 3/11/2013 (dj, ). |
Filing 591 NOTICE of appeal by Fujitsu Limited regarding orders #577 Filing fee $ 455, receipt number 0752-8125410. (Van Dyke, David) |
Filing 590 Federal Circuit Form 22. Transcript Purchase Order by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. submitted to Chief Judge James F. Holderman's Court Reporter Colleen Conway (Bradley, James) |
Filing 589 NOTICE OF DOCKETING by United States Court of Appeals for the Federal Circuit. (ea, ) |
Filing 588 RE-TRANSMITTED Federal Circuit infomation sheet. (dj ) |
Filing 587 TRANSMITTED to the Federal Circuit the short record on notice of appeal #586 . Notified counsel (dj ) |
Filing 586 NOTICE of appeal by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. regarding orders #577 Filing fee $ 455, receipt number 0752-8077458. (Bradley, James) |
Filing 585 MAILED Patent report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Minute Order Dated 2/19/13)(ea, ) |
Filing 584 ORDER. Signed by the Honorable James F. Holderman on 2/19/13.Notice mailed by judge's staff (ntf, ) |
Filing 583 MINUTE entry before Honorable James F. Holderman: Status hearing held. Motion hearing held. Tellabs' motion to dismiss (1) Tellabs' Claim of Infringement of U.S. Patent No. 7,369,772 with Prejudice & (2) Fujitsu Limited's & Fujitsu Network Communications, Inc.'s First, Second & Third Counterclaims Without Prejudice #580 is granted. Terminate case. Enter Order. [For further details see separate order.] Notice mailed by judge's staff (ntf, ) |
Filing 582 STATUS Report Regarding Reexamination of U.S. Patent No. 7,369,772 by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Attachments: #1 Exhibit)(Bradley, James) |
Filing 581 NOTICE of Motion by James Patrick Bradley for presentment of motion to dismiss, #580 before Honorable James F. Holderman on 2/19/2013 at 09:00 AM. (Bradley, James) |
Filing 580 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Tellabs Operation, Inc. to dismiss (1) Tellabs' Claim of Infringement of U.S. Patent No. 7,369,772 with Prejudice & (2) Fujitsu Limited's & Fujitsu Network Communications, Inc.'s First, Second & Third Counterclaims Without Prejudice (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Bradley, James) |
Filing 578 MINUTE entry before Honorable James F. Holderman: In light of recent court orders in Case No. 08 C 3379, Case No. 09 C 4530, and Case No. 12 C 3229, the parties are once again encouraged to discuss settlement. Status hearing set for 2/19/13 at 9:00 a.m., at which time counsel should be prepared to report on the progress of any settlement discussions and the need, if any, to schedule trial dates for the remaining patent at issue in Case No. 08 C 3379 (the '772 Patent). Notice mailed by judge's staff (ntf, ) |
Filing 579 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held. Discovery ended quite some time ago and no motion was made by either party prior to the close of discovery raising any issue of discovery noncompliance by the other side. Consequently, even if the parties had some specific discovery controversy, which they do not,any motion at this time would be untimely and would be denied. In re Sulfuric Acid Antitrust Litigation, 231 F.R.D. 331, 333 (N.D.Ill. 2005). Finally, this case is not settleable. Hence, all matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to Chief Judge Holderman.Mailed notice (jms, ) |
Filing 577 MEMORANDUM Opinion and Order. For the reasons set forth in the accompanying MEMORANDUM OPINION AND ORDER DENYING PARTIES' RESPECTIVE REQUESTS FOR JUDGMENT AS A MATTER OF LAW AND DENYING FUJITSU LIMITED'S REQUEST FOR A NEW TRIAL REGARDING FUJITSU LIMITED'S '681 PATENT, "Fujitsu's Renewed Motion for Judgment as a Matter of Law that Tellabs Infringes Claims 6, 7, and 8 of U.S. Patent No. 7,228,681, Notwithstanding the Jury Verdict of Non-Infringement; or, Alternatively Motion for a New Trial" (Case No. 09 C 4530, Dkt. No. 962 ) and "Tellabs, Inc.'s, Tellabs Operations, Inc.'s, and Tellabs North America, Inc.'s Renewed Motion for Judgment as a Matter of Law that U.S. Patent No. 7,227,681 Is Invalid" (Case No. 08 C 3379, Dkt. No. #566 ) are both denied in their entirety. Tellabs' original "Motion for Judgment as a Matter of Law that U.S. Patent No. 7,227,681 Is Invalid" (Case No. 08 C 3379, Dkt. No. #557 ) and Tellabs' "Motion for Judgment as a Matter of Law Based on Fujitsu Limited's Failure to Prove Infringement of Claims 6-8" (Case No. 08 C 3379, Dkt. Nos. #547 , #552 , #555 (renewed)) are denied as moot. [For further details see attached order.] Signed by the Honorable James F. Holderman on 1/24/2013:Notice mailed by judge's staff (ntf, ) |
Filing 576 MINUTE entry before Honorable James F. Holderman: Plaintiff Tellabs Operation, Inc.'s motion To Cite Additional Authority At Oral Argument #474 is dismissed as moot. Notice mailed by judge's staff (ntf, ) |
Filing 575 SUR-REPLY by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to motion for judgment, #566 (Van Dyke, David) |
Filing 574 MINUTE entry before Honorable Jeffrey Cole:Telephonic discovery conference with counsel for the parties regarding the turnover of nine documents pursuant to my orders and Chief Judge Holderman's affirmance of my decision in Tellabs Operations, Inc. v. Fujitsu Ltd., _F.Supp.2d_, 2012 WL 3731497 (N.D.Ill. 2012). It was Fujitsu's position that nine documents identified on the privilege log were irrelevant and the request was made that I review the documents in camera. Tellabs took the position that the documents were clearly relevant and contended that prior relevancy objections had been shown to be untrue once the documents had been turned over. In addition to the relevancy objection, there was at least some allusion to some attorney/client privilege claim, although that was unclear. The dominant, if not exclusive objection, was relevancy. I declined the invitation to review the documents in camera given the history of the case, Fujitsu's shifting positions on the question of the turn over of the 2006 inspection reports -- cf. Campbell v. Clarke, 481 F.3d 967, 969 (7th Cir.2007)(litigants who play fast and loose with a court's orders "cannot expect favorable treatment on matters of discretion.") -- and most importantly, the existence of an attorneys' eyes only protective order in this case. If, in fact, the information sought to be withheld is so demonstratively irrelevant, Tellabs' lawyers will have no use for it. There is ample material of significance in this case that there is no need and no motivation to resort to documents that, according to Fujitsu, manifestly are unrelated to the case. The oral motion of Fujitsu for an in camera inspection is denied.Mailed notice (tlp, ) |
Filing 573 REPLY by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. to motion for judgment, #566 In Support of its Renewed Motion for Judgment As A Matter of Law that Claims 6, 7, and 8 of U.S. Patent No. 7,227,681 are Invalid (Bradley, James) |
Filing 572 MINUTE entry before Honorable Jeffrey Cole: Telephonic status conference held with the parties on 10/31/12 and again on 11/1/12. In yesterday's conference call, counsel for Tellabs indicated the possibility of Tellabs filing a motion for attorneys' fees in connection with its attempts to obtain discovery of the documents relating to the 2006 inspection -- a matter that has been the subject of two lengthy opinions. The inquiry that was made by Tellabs was whether the matter should be filed before me or Judge Holderman. I expressed the view that even though in this circuit at least, Magistrate Judges do not have the authority to impose monetary sanctions under Rule 37 or Rule 11 -- and they have no inherent powers under the decisions of all the Circuits -- and can only issue a report and recommendation to be reviewed de novo by the district court in such situations, see Jeffrey Cole, Federal Civil Practice, Chap. 10 Practicing Before United States Magistrate Judges (2012 Supp., 10.16)(Illinois Institute for Continuing Legal Education)(collecting cases), it seemed to me that Judge Holderman's referral was broad enough to encompass the question of fees that might be sought by Tellabs. Having fully considered the matter I have concluded that while Tellabs of course has the right to file any motion it deems proper, it will not be allowed to do so at this time as a matter of judicial efficiency and in order to properly conserve the parties' time and resources which should be devoted at this juncture exclusively to either resolving the case or preparing for trial. Finally, it seems to me that the issues relating to the shifting of attorneys' fees in connection with Tellabs' efforts to obtain disclosure of the results of Fujitsu's 2006 inspection of the Tellabs' optical scanner ought perhaps to be separated into two component parts: the first being the efforts that culminated in this court's opinion in Tellabs Operations, Inc. v. Fujitsu Ltd,, 2012 WL 1520333 (N.D.Ill. 2012), the second relating to the post-opinion period that resulted in Tellabs Operations, Inc. v. Fujitsu Ltd, _F.Supp.2d_, 2012 WL 3731497 (N.D.Ill. 2012). The issues relating to whether Fujitsu's position was substantially justified in the earlier period may be different than those which are plainly involved in the events coming after the first opinion. In any event, there will be time after the decision on the merits of the case to deal with this issue. Nothing in this order or in the informal phone calls of yesterday and today should be construed as indicating my having made any determination about the merits of Tellabs' position or Fujitsu's opposition. Those are obviously matters that can be determined only after full adversary briefing.Mailed notice (jms, ) |
Filing 571 TRANSCRIPT OF PROCEEDINGS held on 8/3/12 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Tracey D. McCullough, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/21/2013. (Mccullough, Tracey) |
Filing 570
TRANSCRIPT OF PROCEEDINGS held on 5-3-12 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 569 TRANSCRIPT OF PROCEEDINGS held on 06-25-12 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/21/2012. Release of Transcript Restriction set for 1/21/2013. (Warren, Pamela) Modified on 10/22/2012 (ea, ). |
Filing 568 RESPONSE by Fujitsu Network Communications, Inc.in Opposition to MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for judgment Renewed Motion for Judgment as a Matter of Law that U.S. Patent No. 7,227,681 is Invalid #566 (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)(Van Dyke, David) |
Filing 567 NOTICE of Motion by James Patrick Bradley for presentment of motion for judgment, #566 before Honorable James F. Holderman on 10/9/2012 at 09:00 AM. (Bradley, James) |
Filing 566 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for judgment Renewed Motion for Judgment as a Matter of Law that U.S. Patent No. 7,227,681 is Invalid (Attachments: #1 Declaration of Kelley Conaty, #2 Exhibit A to Conaty Decl., #3 Text of Proposed Order)(Bradley, James) |
Filing 565 NOTICE of Correction regarding #562 . (ea, ) |
Filing 562 ENTERED IN ERROR(ea, ). |
Filing 564 FINAL JURY Verdict. (RESTRICTED) (ea, ) |
Filing 563 FINAL JURY Instructions. (ea, ) |
Filing 561 MINUTE entry before Honorable James F. Holderman: Jury trial held and concluded. Jury returns its verdict. Judgment is ordered entered pursuant to Federal Rule of Civil Procedure 54(b) in favor of Tellabs on Fujitsu's claim for infringement of the '681 Patent and in favor of Fijitsu on Tellabs' claim for invalidity of the '681 Patent. Jury poll confirmed verdict was unanimous. Enter Judgment. Parties post-trial motions shall be filed by 10/5/12. Responses shall be field by 10/19/12. Replies shall be field by 11/2/12. The final verdict form signed by all the jurors will be scanned (with the jurors' signatures redacted) into the court record as the verdict of the jury. The document referred to as the "original" form on which the jurors made "extraneous marks" is ordered destroyed along with the notes of the jurors as they are not a part of the official record. Notice mailed by judge's staff (ntf, ) |
Filing 560 MINUTE entry before Honorable James F. Holderman: Jury Trial held and continued to 9/7/2012 at 09:00 a.m. Notice mailed by judge's staff (ntf, ) |
Filing 559 MINUTE entry before Honorable James F. Holderman: Jury Trial held and continued to 9/6/2012 at 09:00 a.m. Notice mailed by judge's staff (ntf, ) |
Filing 558 NOTICE of Motion by James Patrick Bradley for presentment of motion for judgment, #557 before Honorable James F. Holderman on 9/5/2012 at 11:30 AM. (Bradley, James) (Docket text modified by Clerk's Office.) (ea) |
Filing 557 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for judgment as a Matter of Law that U.S. Patent No. 7,227,681 is Invalid (Attachments: #1 Declaration of Kelley Conaty, #2 Exhibit A, #3 Text of Proposed Order)(Bradley, James) |
Filing 556 NOTICE of Motion by James Patrick Bradley for presentment of motion for judgment, #555 before Honorable James F. Holderman on 9/5/2012 at 11:30 AM. (Bradley, James) |
Filing 555 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for judgment as a Matter of Law Based On Fujitsu Limiteds Failure to Prove Infringement of Claims 6-8 (Renewed) (Attachments: #1 Declaration of Kelley Conaty, #2 Exhibit A, #3 Text of Proposed Order)(Bradley, James) |
Filing 554 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc.Objection to the Courts Preliminary Jury Instructions On Patent Law and Final Jury Instructions (Bradley, James) |
Filing 553 MINUTE entry before Honorable James F. Holderman: Jury Trial held and continued to 9/5/2012 at 09:00 AM. Notice mailed by judge's staff (ntf, ) |
Filing 552 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for judgment as a Matter of Law Based on Fujitsu Limiteds Failure to Prove Infringement of Claims 6 8 [Docket No. 547], dated 8/30/2012, with SEALED designation removed (Bradley, James) |
Filing 551 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held. Parties report that all discovery has been completed and that settlement is not feasible. All matters relating to the referral of this case having been completed, the case is returned to the district judge. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, ) |
Filing 550 MINUTE entry before Honorable James F. Holderman: Jury trial held on 8/31/2012 and is continued for 9/4/2012 at 9:00 AM. Mailed notice (am) |
Filing 549 MINUTE entry before Honorable James F. Holderman: Jury trial held on 8/30/2012 and is continued for 8/31/2012 at 9:00 AM. Mailed notice (am) |
Filing 548 NOTICE of Motion by James Patrick Bradley for presentment of Sealed motion, #547 before Honorable James F. Holderman on 8/30/2012 at 02:00 PM. (Bradley, James) |
Filing 547 SEALED MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Motion For Judgment As A Matter of Law Based on Fujitsu Limiteds Failure To Prove Infringement of Claims 6-8 (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 546 MINUTE entry before Honorable James F. Holderman: Jury trial held on 8/29/2012 and is continued for 8/30/2012 at 9:00 AM. Mailed notice (am) |
Filing 545 MINUTE entry before Honorable Jeffrey Cole: Status hearing is set for 8/31/2012 at 08:15 AM.Mailed notice (jms, ) |
Filing 544 MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey Cole on 8/29/2012:Mailed notice(jms, ) |
Filing 543 MINUTE entry before Honorable Jeffrey Cole:Enter Memorandum Opinion and Order pursuant to Minute Order of 8/21/12 [#897]. The Memorandum Opinion and Order moots Tellabs Motion to Compel Production of Documents Related to Fujitsus 2006 Inspection of Tellabs Equipment Because Fujitsu Has Waived its Arguments Regarding Attorney-Client Privilege. [#674]. Mailed notice (jms, ) |
Filing 542 MINUTE entry before Honorable James F. Holderman: Jury trial held on 8/28/2012 and is continued for 8/29/2012 at 9:00 AM. Mailed notice (am) |
Filing 541 MINUTE entry before Honorable James F. Holderman: Jury trial begun on 8/27/2012 and is continued for 8/28/2012 at 9:00 AM. Mailed notice (am) |
Filing 538 MINUTE entry before Honorable Jeffrey Cole: The time for filing objections to the order of 8/21/2012 #526 will not begin to run until entry of the memorandum opinion and order.Mailed notice (jms, ) |
Filing 540 Final Pretrial Order. Signed by the Honorable James F. Holderman on 8/24/2012: Mailed notice (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 Cover, #9 Exhibit H Tab 1, #10 Exhibit H Tab 2, #11 Exhibit I J K L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q)(am) |
Filing 539 MINUTE entry before Honorable James F. Holderman:ENTER FINAL PRETRIAL ORDER. Mailed notice (am) |
Filing 537 MINUTE entry before Honorable James F. Holderman: Final pretrial conference held on 8/23/2012. Mailed notice (am) |
Filing 536 MINUTE entry before Honorable Jeffrey Cole: In 2006, Fujitsu conducted an extensive inspection of a Tellabs optical scanner purchased on eBay along with confidential manuals that accompanied the scanner. Almost from the beginning, the content and results of that inspection have been the source of a heated and continuing dispute, with Tellabs contending that it was entitled to the documents prepared in connection with that inspection by Fujitsu's engineers and Fujitsu adamantly resisting production. The somewhat complicated but singularly important background of the dispute is told in the extensive Memorandum Opinion and Order of 5/1/12. 647 . See Tellabs Operations, Inc. v. Fujitsu Ltd., 2012 WL 1520333 (N.D.Ill. 2012). In brief, the Opinion concluded that the 2006 inspection was done for competitive and economic reasons and that Fujitsu was simply responding to its loss to Tellabs of an extraordinarily lucrative bid by Verizon. Fujitsu made a conscious decision not to file objections to that opinion and order with Chief Judge Holderman. Thereafter, it contended, notwithstanding the Memorandum Opinion and Order that the 2006 inspection was protected by the attorney/client privilege. What the parties did not dispute, however, was that if Dr. Willner, Fujitsu's expert, saw or considered either the 2006 inspection or the 2008 invalidity infringement contentions of Tellabs, then the 2006 inspections would have to be produced. Indeed, Mr. Brooks, one of the counsel for Tellabs, repeatedly made that representation. Mr. Brooks also represented on various occasions that Dr. Willner, in fact, had not seen the 2008 invalidity contentions. See Tellabs's Brief Regarding Dr. Willner's Consideration of Fujitsu's July 2008 Infringement Contentions. [852, Attachment A]. Recently, it was learned that Dr. Willner, in fact, had in his possession the 2008 infringement contentions and his expert report of April 16, 2012, explicitly stated in varying places that he had "reviewed and considered the very things this court was assured he would never see, let alone consider. I sua sponte ordered an evidentiary hearing in response to the filing of Tellabs's recent brief. 852 . At the hearing, Dr. Willner testified, as did Gino Cheng, the managing associate for the Orrick form in California, who helped prepare Dr. Willner's expert report. In brief, Dr. Willner and Mr. Cheng, while acknowledging that the Willner report stated unequivocally that Dr. Willner had indeed reviewed and considered the prohibited materials, claimed that Dr. Willner had not reviewed or considered the materials and that Dr. Willner's statement of what he had considered and reviewed was "mistaken As explained more fully in the Memorandum Opinion and Order that I shall be entering in the next few days, that testimony was implausible, but more importantly, was contradicted by the undisputed evidence in the case. In short, I reject the claim of mistake and the claim that Dr. Willner did not review and consider the very information his expert report avows he did. Dr. Willner and Mr. Cheng may well be certain that their recollection of events is accurate. But as Justice Holmes said, "certitude is not the test of certainty." More recently, Judge Easterbrook put it this way: Memory often plays tricks.... People may remember what they want to remember, whether it happened or not, and the lack of correlation between the strength and accuracy of ones recollection is one of the most important findings of the psychology of memory. Jarad v. Gonzales, 461 F.3d 867, 871 (7th Cir. 2006). Given the pendency of the trial before Judge Holderman, I thought it important to at least set forth my conclusion in advance of the Memorandum Opinion and Order so that the parties and Judge Holderman could assess whether there will be any impact on the upcoming trial. The bottom line is that Tellabs is entitled to all of the documents generated in connection with the 2006 inspection of Tellabs's three modules. This holding moots Fujitsu's claim of attorney/client privilege regarding the 2006 inspection -- as Mr. Brooks effectively realized would occur if this information ere somehow considered by Dr. Willner. See Ex. A to Tellabs's Brief.Mailed notice (jms, ) |
Filing 535 MINUTE entry before Honorable Jeffrey Cole:Evidentiary hearing held re: Dr. Willner's report. Tellab's Motion regarding Dr. Willner's consideration of the July 2008 infringement contentions is taken under advisement. Mailed notice (jms, ) |
Filing 534 MINUTE entry before Honorable James F. Holderman: Pretrial conference held. Notice mailed by judge's staff (ntf, ) |
Filing 533 TRIAL Brief by Fujitsu Limited, Fujitsu Network Communications, Inc. (Attachments: #1 Exhibit List of Evidence Cited in Willner Expert Report Secs II - VII)(Van Dyke, David) |
Filing 532 MINUTE entry before Honorable Jeffrey Cole: Telephone conference held with counsel regarding the pending motion for production of documents related to the 2006 inspection by Fujitsu of Tellabs' optical scanner. It is Tellabs' position that Dr. Willner, Fujitsu's expert in fact relied upon preliminary invalidity contentions which, in turn, implicated or were, in part, based on the 2006 inspections, contrary to the repeated assurances that those inspections would play absolutely no role in Dr. Willner's assessment of the issues on which he will be testifying in this case. If, in fact, those representations have been breached, whether intentionally or not, the consequences are obvious. Fujitsu adamantly denies that Dr. Willner relied on those invalidity contentions even though his expert report said he did. It was, Fujitsu insists, a mistake. Perhaps it was -- Fujitsu has claimed other mistakes that have been discussed in earlier Opinions of the court. At this point, of course, no determination can be made without an evidentiary hearing at which Dr. Wilner and the lawyers who were involved in the preparation of the expert report can testify. Generally, and most assuredly in the context of the present controversy, there is no substitute for live testimony. Accordingly, there will be an evidentiary hearing on August 17, 2012 at 8:30 a.m. The witnesses will be those discussed in the telephone conference. The parties are to submit immediately to chambers the materials they plan to use at the hearing, which shall include Dr. Wilner's entire report, the relevant portions of which each side may call to the court's attention by highlighting them and any portions of depositions the parties think relevant. Mailed notice (jms, ) |
Filing 531 DECLARATION of Michael D. Owens regarding Response #530 to Tellabs Motion for Clarification Regarding Making in Claim 6 of U.S. Patent No. 7,227,681 (Attachments: #1 Exhibit 1 - Request for Certificate of Correction and Certificate of Correction for US Patent No. 7,227,681 issued June 5, 2007 to Sugaya, et al., #2 Exhibit 2 - Amendment dated February 28, 2006 for US Patent No. 7,227,681 issued June 5, 2007 to Sugaya, et al., #3 Exhibit 3 - Chart Summarizing Selected Apparatus Claims Containing Active Language in Some of the U.S. Patents Issued to Tellabs Operations, Inc.)(Van Dyke, David) |
Filing 530 RESPONSE by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to motion to clarify, #526 Regarding Making in Claim 6 of U.S. Patent No. 7,227,681 (Van Dyke, David) |
Filing 529 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held. Status hearing held. Fujitsu and Tellabs's oral cross motions to take the depositions of Julian Larikova, Gary Eslary, and Eisuke Maruhashi are granted. Fujitsu represents that they will promptly issue the checks to cover the costs and expenses of the depositions for the London personnel required to appear in the United States.Mailed notice (jms, ) |
Filing 528 MINUTE entry before Honorable James F. Holderman: Motion hearing held on 7/31/2012. On Tellabs' motion for clarification #526 , response due by 8/3/2012; said motion is taken under advisement and the Court will rule electronically. Motion hearing date of 8/9/2012 is stricken. Mailed notice (am) |
Filing 527 NOTICE of Motion by James Patrick Bradley for presentment of motion to clarify, #526 before Honorable James F. Holderman on 8/9/2012 at 09:00 AM. (Bradley, James) |
Filing 526 MOTION by Counter Claimants Tellabs North America, Inc., Tellabs Operation, Inc., Plaintiff Tellabs Operation, Inc. to clarify the Courts July 27, 2012 Opinion granting-in-part and denying-in-part Fujitsu Limiteds Motion Regarding U.S. Patent No. 7,227,681: Active Versus Passive Claim Terms (Bradley, James) |
Filing 525 TRANSCRIPT OF PROCEEDINGS held on May 10, 2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Carolyn Cox, 312-435-5639, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012. (Cox, Carolyn) |
Filing 524 WRITTEN Opinion entered by the Honorable James F. Holderman on 7/27/2012: Tellabs, Inc.'s, Tellabs Operations, Inc.'s and Tellabs North America, Inc.'s Motion for Summary Judgment of Invalidity of U.S. Patent No. 7,227,681 #444 is denied in light of disputed questions of material fact regarding the date when the invention disclosed by the '681 Patent was reduced to practice. Signed by the Honorable James F. Holderman on 7/27/2012: Mailed notice (am) |
Filing 523 MINUTE entry before Honorable Jeffrey Cole:7:00 am Magistrate Judge Status hearing held regarding information considered by Fujitsu's expert. It is Tellabs' contention that Fujitsu's expert considered certain preliminary invalidity contentions raised in the infringement action in Texas and that those contentions were at least in part based upon the 2006 inspection/examination conducted by Fujitsu and that is discussed at some length in Tellabs Operations, Inc. v. Fujitsju Ltd., _F.R.D._, 2012 WL 1520333 (N.D.Ill. 2012). It is Fujitsu's position that the disclosure of the information considered in Dr. Wellner's report is mistaken. Mistakes are inherent in the human condition. All judges make them, as Judge Posner has acknowledged, Fujisawa Pharmaceutical Co.., Ltd. v. Kapoor, 115 F.3d 1332 (1997); cf. Rodriguez v. Chandler, 492 F.3d 863 (7th Cir.2007) (Easterbrook, J.) (Our original opinions' failure to keep these subjects distinct may have influenced the parties' briefing choices on appeal.), and as the Supreme Court has unhesitatingly acknowledged. See Illinois v. Allen, 397 U.S. 337, 346347 (1970). And so we shall have to wait to see whether, in fact, there has been a mistake in Dr. Wellner's report or not. Fujitsu has made claims of mistake before. See Tellabs, 2012 WL 1520333, n.11. Fujitsu regards the matter as serious and indeed it is especially in light of the earlier representations made to the court by Fujitsu that none of the reports or results of the 2006 inspection of Tellabs' optical scanners would be even shown to or discussed with Fujitsu's experts. I gave leave to Tellabs to promptly take the deposition of Dr. Wellner and of those lawyers and non-lawyer personnel involved in any way in providing information to Dr. Wellner and in assembling the expert report and the materials provided to Dr. Wellner. Any future status dates are canceled and the parties will call the court immediately upon the conclusion of the inquiry that was the subject of this morning's hearing.Mailed notice (jms, ) |
Filing 522 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 7/23/2012 at 09:30 AM. Oral argument regarding the pending motion regarding the 2006 engineering report prepared by Fujitsu is set for 7/23/2012 at 9:30 am. Fujitsu's motion regarding the depositions of Mr. Segora and Dr. Shikama is granted over the objections of Tellabs. The depositions shall proceed with the costs to be paid by Fujitsu on the two dates specified by Mr. Van Dyke as being the only dates the two witnesses were available. Tellabs' oral motion to postpone the deposition of the two deponents discussed in court today until the eve of the upcoming trial before Judge Holderman is denied. Tellabs' oral motion re: waiver of any attorney/client or work-product privilege regarding the 2006 engineering report,Tellabs Operations, Inc. v. Fujitsu Ltd., _F.R.D._. 2012 WL 1520333, 1 (N.D.Ill. 2012), is entered and continued to consider the statement in Fujitsu's expert report of Alan Wilner, which Tellabs believes contradicts repeated representations made to the court that the 2006 engineering report and its results would never be showed to or shared in any way with Fujitsu's expert. There shall be a further status regarding this issue on 7/19/2012 at 7:00 am. Representations by lawyers that certain things will and will not occur are matters of significance and have consequences. See In re Sulfuric Acid Antitrust Litigation, 231 F.R.D. 351, 361 (N.D.Ill.2005)(discussing significance of attorney's promise to entertain certain discovery requests); In re Sulfuric Acid Antitrust Litigation, 231 F.R.D. 331, 341 (N.D.Ill.2005)(representation that there would be prompt compliance with discovery if motion to dismiss were denied was an enforceable promise).Mailed notice (jms, ) |
Filing 521
TRANSCRIPT OF PROCEEDINGS held on 05-03-2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 520
TRANSCRIPT OF PROCEEDINGS held on 06-25-2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx.
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Filing 519 MINUTE entry before Honorable Jeffrey Cole:Telephonic scheduling/discovery conference held regarding the timing of the depositions of the parties' damage experts. The parties are in the process of agreeing on dates for the depositions and will provide to the court's proposed order minute box a schedule for the depositions.Mailed notice (jms, ) |
Filing 518 MINUTE entry before Honorable Jeffrey Cole:Telephone discovery conference held. The parties are directed to call chambers at 312-435-5601, on 7/2/2012 at 11:00 am to provide the court with a discovery schedule for the taking of damage experts' depositions.Mailed notice (jms, ) |
Filing 517 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 7/16/2012 at 09:15 AM. Tellab's motion to compel 644 has been improperly filed in its totality under seal. The cases are consistent in demanding that litigation be conducted in public to the maximum extent, consistent with respecting trade secrets and other facts that should be held in confidence. See, e.g., Baxter International, Inc. v. Abbott Laboratories, 297 F.3d 544 (7th Cir.2002); Grove Fresh Distributors, Inc. v. Everfresh Juice Co., 24 F.3d 893 (7th Cir.1994). This means that both judicial opinions and litigants' briefs must be in the public record, if necessary in parallel versions-one full version containing all details, and another redacted version with confidential information omitted. Hicklin Engineering, L.C. v. Bartell, 439 F.3d 346, 348 (7th Cir.2006). As things now stand, the motion to compel is not part of the public record even though in the main, it is simply nothing more than a routine brief with legal arguments supported by case law. The public has an interest in knowing what the judicial system is doing, an interest frustrated when any part of litigation is conducted in secret. Doe v. Smith, 429 F.3d 706, 710 (7th Cir.2005). Openness in judicial proceedings assures the public that procedural rights are respected, and that justice is afforded equally. Closed proceedings breed suspicion of prejudice and arbitrariness, which in turn spawns disrespect for law. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 595 (1980).Tellab shall re-file the motion in redacted form with only the confidential portions redacted. It shall provide the court with an unredacted version pointing out those portions that on the public record have been redacted. See United Auto. Ins. Co. v. Veluchamy, 2010 WL 889980, 2 -3 (N.D.Ill. 2010). Fujitsu's unopposed oral motion to extend expert discovery to 7/31/2012 is granted. Status hearing dates of 7/6/2012 and 7/9/2012 are reset to 7/16/2012 at 9:15 am. The parties are directed to call chambers at 312-435-5601 if any issues arise during depositions.Mailed notice (jms, ) |
Filing 516 MINUTE entry before Honorable James F. Holderman: Status and motion hearing held on 5/31/12. The parties report that they have not reached a settlement. A preliminary trial preparation conference is set for 8/16/12 at 3:00 p.m. The final pretrial conference presently set for 8/23/12 at 3:00 p.m. to stand. A status report with regard to issues to be presented at the trial to be filed by 6/13/12. A status report with regard to claims to be presented at the trial to be filed by 7/12/12. Parties to submit additional proposed trial dates by 7/13/12. Trial is set for 8/27/12 at 9:00 a.m. Proposed final pretrial order is to be submitted through the proposed order e-mail system at Proposed_Order_Holderman@ilnd.uscourts.gov on or before 7/26/12. Motions in limine, to be filed separate from one another and separate from the proposed final pretrial order, are to be filed by 7/26/12. Responses to be filed by 8/2/12. Replies to be filed by 8/9/12. (For further details see statement) Judicial staff mailed notice (gl, ) |
Filing 515 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 7/6/2012 at 08:30 AM. If this date is inconvenient or unnecessary, the parties should contact the court and the date will be rescheduled.Mailed notice (jms, ) |
Filing 514 MINUTE entry before Honorable James F. Holderman:Motion hearing held on 5/24/12. Joint Motion to reassign case no. 12 C 3229, Fujitsu Limited v. Tellabs to the calendar of Chief Judge Holderman is granted. #511 .Judicial staff mailed notice (gl, ) |
Filing 512 NOTICE of Motion by James Patrick Bradley for presentment of motion to reassign case, #511 before Honorable James F. Holderman on 5/31/2012 at 01:00 PM. (Bradley, James) |
Filing 511 MOTION by Plaintiff Tellabs Operation, Inc. to reassign case 1:12-cv-03229, to Chief Judge James F. Holderman (Attachments: #1 Exhibit A to Joint Motion to Reassign, #2 Exhibit B to Joint Motion to Reassign, #3 Exhibit C to Joint Motion to Reassign, #4 Text of Proposed Order)(Bradley, James) |
Filing 513 MINUTE entry before Honorable James F. Holderman: Status hearing held on 5/22/2012 and is continued for 5/31/2012 at 1:00 PM.Jury Trial is reset for 8/27/2012 at 9:00 AM. Final Pretrial Conference set for 8/23/2012 at 3:00 PM. Mailed notice (am) |
Filing 510 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 5/31/2012 at 01:30 PM after Judge Holderman's call.Mailed notice (jms, ) |
Filing 509 MINUTE entry before Honorable Jeffrey Cole: The order of 5/10/2012 #507 is corrected as follows: Magistrate Judge Status hearing held and continued to 5/22/2012 at 10:00 am after Judge Holderman's call.. It is Tellabs' position, however, that the attorney/client privilege issue has been waived by virtue of the manner of presentation of the issues in the briefs that led to the May 1st Memorandum Opinion and Order. That question will be addressed pursuant to the following briefing schedule: Tellab's motion and supporting memoranda shall be filed by 5/31/2012. Fujitsu's' response is to be filed by 6/21/2012. Tellab's reply is to be filed by 7/5/2012. The joint oral motion to extend expert discovery to 6/29/2012 is granted. Status hearing is set for 7/9/2012 at 10:00 am. The order shall stand in all other respects.Mailed notice (jms, ) |
Filing 508 MINUTE entry before Honorable James F. Holderman: Status hearing held on 5/10/2012 and is continued for 5/22/2012 at 10:00 AM. Mailed notice (am) |
Filing 507 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 6/22/2012 at 10:00 am. Fujitsu advises the court that they will not be filing objections to this court's Memorandum Opinion and Order of 5/1/2012. Those documents to which Tellabs will not be claiming attorney/client privilege will be submitted to Tellabs by 5/17/2012 with production to the court will be made by 5/18/2012. It is Fujitsu's position, however, that most of the documents generated in connection with the 2006 examination of Tellabs scanners are protected by the attorney/client privilege and need not be turned over pursuant to the 5/1/12 Opinion. Counsel for Tellabs and for Fujitsu have agreed that resolution of that issue will be determined following further adversarial briefing and that not filing objections to the May 1 Memorandum Opinion shall not be deemed a waiver of any objections on the attorney/client privilege issue that will be resolved by separate opinion at some point in the future.It is Tellabs' position, however, that the attorney/client privilege issue has been waived by virtue of the manner of presentation of the issues in the briefs that led to the May 1st Memorandum Opinion and Order. That question will be addressed pursuant to the following briefing schedule: Fujitsu's motion and supporting memoranda shall be filed by 5/31/2012. Tellabs' Response is to be filed by 6/21/2012. Fujitsu's reply is to be filed by 7/5/2012. Any objections to the Memorandum Opinion resolving the issue raised in these briefs will be subject to the 14 day rule in Rule 72 and will begin to run from the date of the receipt of the Memorandum Opinion. Tellabs' oral agreed motion to extend expert discovery to 6/29/2012 is granted. Status hearing is set for 7/9/2012 at 7:30 am. Tellabs's oral motion to redepose Mr. Van Ryn re: Tellabs' 2005 presentation to Verizon is denied.Mailed notice (jms, ) |
Filing 506 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge status hearing held and continued to 5/10/12 after the parties appear before Chief Judge Holderman. Fujitsu's oral motion for leave to file its rebuttal expert report instanter is granted. The issue regarding Paul Monathan's website materials will be discussed on 5/10/12. Mailed notice (tlp, ) |
Filing 505 MINUTE entry before Honorable Jeffrey Cole:The minute order of 5/1/2012, document #503 is amended to reflect: The case is set for status 5/3/12, after the parties appear before Chief Judge Holderman. Mailed notice (tlp, ) |
Filing 504 MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey Cole on 5/1/2012:Mailed notice(jms, ) |
Filing 503 MINUTE entry before Honorable Jeffrey Cole:Pursuant to Memorandum Opinion and Order entered this day, Fujitsu's motion for protective order #330 is denied. The case is set for status 5/2/12, after the parties appear before Chief Judge Holderman. Mailed notice (jms, ) |
Filing 502 SEALED REPLY by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. to sealed response, #487 Fujitsu's Opposition to Tellabs Motion for Summary Judgment of Invalidity of the 681 patent #444 (Bradley, James) |
Filing 501 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 5/10/2012 at 09:30 AM after Judge Holderman's call. The parties are directed to have a face to face conference to resolve the issue regarding the 30(b) depositions that Fujitsu seeks to take regarding licensing agreements between Tellabs and those entities discussed in court.Mailed notice (jms, ) |
Filing 500 TRANSCRIPT OF PROCEEDINGS held on 2/21/2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: ALEXANDRA ROTH (312)408-5038, alexandra_roth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/2/2012. Redacted Transcript Deadline set for 5/14/2012. Release of Transcript Restriction set for 7/10/2012. (Roth, Alexandra) |
Filing 499 NOTICE by All Defendants re sealed document #496 , sealed document #497 , sealed document #498 (Van Dyke, David) |
Filing 498 SEALED DOCUMENT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. 4.15.09 Deposition Transcript of Susumu Kinoshita (Van Dyke, David) |
Filing 497 SEALED DOCUMENT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. 5.17.10 Deposition Transcript of Uri Ghera (Van Dyke, David) |
Filing 496 SEALED DOCUMENT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. 3.30.12 Deposition Transcript of Bruce Buckman (Van Dyke, David) |
Filing 495 SEALED DOCUMENT by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibits D-1, D-4, D-6 and D-7 to the Declaration of Gino Cheng in Support of Opposition to Tellabs' Motion for Summary Judgment re '681 Patent (Wang, David) |
Filing 494 DECLARATION of Gino Cheng regarding motion for summary judgment #444 (in Support of Opposition to Tellabs' Motion for Summary Judgment re '681 Patent) (Attachments: #1 Exhibit D-2, D-3, D-5 and D-8)(Wang, David) |
Filing 493 EXHIBITS by Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibits A-7 to A-9 to the Declaration of Dr. Willner in Support of Opposition to Tellabs' Motion for Summary Judgment re '681 Patent (Wang, David) Modified on 4/11/2012 (ea, ). |
Filing 492 EXHIBITS by Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibits A-1, A-2, A-5 and A-6 to the Declaration of Dr. Willner in Support of Opposition to Tellabs' Motion for Summary Judgment re '681 Patent (Wang, David) |
Filing 491 SEALED DOCUMENT by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc. Declaration of Dr. Willner in Support of Opposition to Tellabs' Motion for Summary Judgment of Invalidity of '681 Patent (Attachments: #1 Exhibit A-3, #2 Exhibit A-4 Part 1, #3 Exhibit A-4 Part 2)(Wang, David) |
Filing 490 SEALED DOCUMENT by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc. Declaration of Sugaya re '681 Patent (Attachments: #1 Exhibit B-1 to B-9)(Wang, David) |
Filing 489 SEALED DOCUMENT by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc. Declaration of Chikama re '681 Patent (Attachments: #1 Exhibit C-1 to C-15, #2 Exhibit C-16 to C-18)(Wang, David) |
Filing 488 RESPONSE by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc. to Rule 56 statement #446 (Wang, David) |
Filing 487 SEALED RESPONSE by Fujitsu Limited, Fujitsu Network Communications, Inc. to MOTION by Plaintiff Tellabs Operation, Inc., Counter Claimant Tellabs, Inc., Counter Defendant Tellabs North America, Inc. for summary judgment OF INVALIDITY OF U.S. PATENT NO. 7,227,681 #444 (Wang, David) |
Filing 486 MINUTE entry before Honorable Jeffrey Cole:Fujitsu's motion for entry of a protective order #330 is denied. The basis of the ruling will be set forth in a Memorandum Opinion and Order to follow. Fujitsu's time to file objections to the Order will not begin to run until the Memorandum Opinion and Order is filed.Mailed notice (jms, ) |
Filing 485 ATTORNEY Appearance for Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc., Counter Claimants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. by Robert Douglas Leighton (Leighton, Robert) |
Filing 484 MINUTE entry before Honorable James F. Holderman: Fujitsu's agreed motion for extension of time to file response to Tellab's motion for summary judgment of invalidity of U.S. Patent No. 7,227,681 #480 is granted. On Tellab's motion for summary judgment of invalidity of U.S. Patent No. 7,227,681 #444 , response due by 4/5/2012; reply due by 4/26/2012. The Court to rule electronically. Mailed notice (am) |
Filing 483 TRANSCRIPT OF PROCEEDINGS held on 03/14/12 before the Honorable James F. Holderman. Oral Arguments on Motion for Reconsideration. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/25/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 7/3/2012. (Conway, Colleen) |
Filing 482 MINUTE entry before Honorable Jeffrey Cole: Status conference held and motion hearing held. There is presently pending before Judge Holderman a motion to strike. It is Fujitsu's position that until that motion is resolved certain 30(b)(6) depositions Tellabs seeks to take regarding the use and acquisition of confidential documents identified in the 16th notice of Rule 30(b)(6) depositions should not proceed and it has asked for entry of an order staying the depositions. It is Tellabs' position that regardless of the outcome of the motion, the evidence being sought will nonetheless be relevant in the case. Of course, if the motion is granted by Judge Holderman, making the evidence irrelevant for one purpose, it does not follow that the evidence will be inadmissible for other purposes. See Geldon v. South Milwaukee School District, 414 F.3d 817 (7th Cir. 2005). After hearing oral argument, Fujitsu's oral motion to stay discovery on the issue until Judge Holderman rules, is denied. As the first step, Fujitsu must provide immediately the names of all those in the United States who have knowledge of the matters in the disputed 30(b)(6) notices. And, it must undertake to ascertain who in Japan has such knowledge. The dates for the various rebuttal reports of the experts are extended as discussed with the parties, who will provide an order setting forth the actual dates. The dates for taking depositions is extended to 4/20/12. The status date of 4/17/12 at 9:30 a.m. shall stand. Mailed notice (ntf, ) |
Filing 481 NOTICE of Motion by David C. Van Dyke for presentment of motion for extension of time to file response/reply, motion for relief #480 before Honorable James F. Holderman on 4/5/2012 at 09:00 AM. (Van Dyke, David) |
Filing 480 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for extension of time to file response/reply as to motion for summary judgment #444 (Van Dyke, David) |
Filing 479 Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 3/21/2012: Mailed notice (am) |
Filing 478 MINUTE entry before Honorable James F. Holderman: ENTER MEMORANDUM OPINION AND ORDER: "Plaintiff Tellabs Operations, Inc.'s Motion and Memorandum in Support of its Motion to Sever and Stay Claims Involving the '772 Patent" (Case No. 08 C 3379, Dkt. No. 453) is denied, except to the extent that the court will stay any issues related to the '772 patent that remain after this court issues its summary judgment ruling. The court gives Tellabs until May 21, 2012, to file its response to Fujitsu's Motion for Summary Judgment of Non-infringement of the '772 patent. (Case No. 09 C 4530, Dkt. No. 421.) Fujitsu's reply will be due June 4, 2012. Additionally, "Plaintiff Tellabs Operations, Inc.'s Motion and Memorandum in Support of its Motion for Reconsideration" (Case No. 08-3379, Dkt. No. 432) is denied. Mailed notice (am) |
Filing 477 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 4/17/2012 at 09:30 AM.Mailed notice (jms, ) |
Filing 476 MINUTE entry before Honorable James F. Holderman: Oral argument on Tellabs' motion for reconsideration of this court's Sept. 29, 2011 claim construction order held on 3/14/2012. Mailed notice (am) |
Filing 475 NOTICE of Motion by James Patrick Bradley for presentment of motion for miscellaneous relief #474 before Honorable James F. Holderman on 3/15/2012 at 09:00 AM. (Bradley, James) |
Filing 474 MOTION by Plaintiff Tellabs Operation, Inc.To Cite Additional Authority At Oral Argument (Attachments: #1 Exhibit A)(Bradley, James) |
Filing 473 MINUTE entry before Honorable James F. Holderman: Attorney Vijay D. Desai's application to appear pro hac vice on behalf of Tellabs #461 is granted. Fujitsu's agreed motion for an extension of time to file response to Tellab's motion for summary judgment on invalidity of U.S. Patent No. 7,227,681 #464 is granted. On Tellab's motion for summary judgment on invalidity of U.S. Patent No. 7,227,681 #444 , responses due by 3/27/2012; reply due by 4/16/2012. The Court to rule electronically. Attorney Jamie L. Secord's motion to withdraw as attorney for Tellabs #467 is granted. Attorney Jamie L Secord terminated. Mailed notice (am) |
Filing 472 MINUTE entry before Honorable Jeffrey Cole: By agreement of the parties: 1. Initial expert reports shall now be due on March 12, 2012, except for the expert damages reports which have another agreed deadline, 2. The expert rebuttal reports shall now be due on April 9, 2012, and 3. Expert discovery shall close on May 7, 2012.Mailed notice (jms, ) |
Filing 471 MINUTE entry before Honorable Jeffrey Cole: Telephonic conference held regarding deposition issues.Mailed notice (jms, ) |
Filing 470 NOTICE of Correction regarding #469 (ea, ) |
Filing 469 ENTERED IN ERROR (ea, ). |
Filing 468 NOTICE of Motion by Jamie L Secord for presentment of motion to withdraw as attorney, #467 before Honorable James F. Holderman on 3/6/2012 at 09:00 AM. (Secord, Jamie) |
Filing 467 MOTION by counsel for Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. to withdraw as attorney (Attachments: #1 Exhibit A - Request to Withdraw Jamie Secord as Attorney of Record for Tellabs, Inc., Tellabs Operations, Inc., and Tellabs North America)(Secord, Jamie) |
Filing 466 MINUTE entry before Honorable James F. Holderman: The court grants Tellabs' request for oral argument [Dkt. No. #439 , pg. 1] on its Motion for Reconsideration of this court's Sept. 29, 2011 Claim Construction Order #432 . The oral argument is set for March 14, 2012 at 10:15 a.m., with each side given 20 minutes for argument. Mailed notice (am) |
Filing 465 NOTICE of Motion by David C. Van Dyke for presentment of motion for extension of time to file response/reply, motion for relief #464 before Honorable James F. Holderman on 3/6/2012 at 09:00 AM. (Van Dyke, David) |
Filing 464 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for extension of time to file response/reply as to motion for summary judgment #444 (Van Dyke, David) |
Filing 463 MINUTE entry before Honorable Jeffrey Cole: Status hearing held regarding the deposition of Mr. Udo (phonetic) in Orange County. Counsel for Tellabs is ordered to make immediate arrangements to travel to Orange County to begin the deposition tomorrow morning on those 30(b)(6) topics that are not affectedby or relate to the 600 pages of documents in Japanese which were only turned over to Tellabs on either Friday or Saturday. If the deposition must be resumed as a consequence of that belated turnover, the deponent will have to reappear in the United States at Fujitsus own cost, absent some circumstance that is not presently apparent.Mailed notice (jms, ) |
Filing 462 REPLY by Tellabs Operation, Inc. to response to motion #437 , MOTION by Plaintiff Tellabs Operation, Inc. for reconsideration and Memorandum in Support of Its Motion for Reconsideration #432 (Dodd, Mark) |
Filing 461 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6798271. (Desai, Vijay) |
Filing 460 NOTICE by All Defendants re response in opposition to motion, #459 (Van Dyke, David) |
Filing 459 RESPONSE by Fujitsu Limited, Fujitsu Network Communications, Inc.in Opposition to SEALED MOTION by Plaintiff Tellabs Operation, Inc. Motion And Memorandum In Support Of Its Motion To Sever And Stay Claims Involving The '772 Patent #453 (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Dyke, David) |
Filing 458 MINUTE entry before Honorable James F. Holderman: Motion hearing held on 1/24/2012. On Tellab's motion to sever and stay claims involving the '772 patent #453 , response due by 1/31/2012; reply due by 2/7/2012.The Court to rule electronically. Mailed notice (am) |
Filing 457 TRANSCRIPT OF PROCEEDINGS held on 01/10/12 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/14/2012. Redacted Transcript Deadline set for 2/24/2012. Release of Transcript Restriction set for 4/23/2012. (Conway, Colleen) |
Filing 456 TRANSCRIPT OF PROCEEDINGS held on 11/15/11 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/14/2012. Redacted Transcript Deadline set for 2/24/2012. Release of Transcript Restriction set for 4/23/2012. (Conway, Colleen) |
Filing 455 TRANSCRIPT OF PROCEEDINGS held on 10/20/11 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/14/2012. Redacted Transcript Deadline set for 2/24/2012. Release of Transcript Restriction set for 4/23/2012. (Conway, Colleen) |
Filing 454 NOTICE of Motion by James Patrick Bradley for presentment of Sealed motion #453 before Honorable James F. Holderman on 1/24/2012 at 09:00 AM. (Bradley, James) |
Filing 453 SEALED MOTION by Plaintiff Tellabs Operation, Inc. Motion And Memorandum In Support Of Its Motion To Sever And Stay Claims Involving The '772 Patent (Bradley, James) |
Filing 452 DECLARATION of Dr. A. Bruce Buckman IN SUPPORT OF TELLABS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,227,681 #444 with Exhibits 1 and 2 (Attachments: #1 Exhibit 3 Part I of Buckman Declaration, #2 Exhibit 3 Part II of Buckman Declaration, #3 Exhibit 3 Part III of Buckman Declaration, #4 Exhibit 4-5 of Buckman Declaration, #5 Exhibit 6 of Buckman Declaration, #6 Exhibit 7 of Buckman Declaration, #7 Exhibit 8-12 of Buckman Declaration)(Bradley, James) |
Filing 451 MINUTE entry before Honorable James F. Holderman: The Clerk is directed to place the declaration of Dr. A. Bruce Buckman in support of Tellabs' motion forsummary judgment of invalidity of U.S. Patent No. 7,227,681 #447 under the sealed function. Plaintiffs to file a re-file a redacted or corrected copy of said document. Mailed notice. (ea, ) |
Filing 450 MINUTE entry before Honorable James F. Holderman: Motion hearing held on 1/10/2012. On Plaintiff Tellabs Operation, Inc., Counter Claimant Tellabs, Inc., Counter Defendant Tellabs North America, Inc.'s motion for summary judgment OF INVALIDITY OF U.S. PATENT NO. 7,227,681 #444 , response due by 2/28/2012; reply due by 3/30/2012. The Court to rule electronically. Mailed notice (am) |
Filing 449 NOTICE of Motion by James Patrick Bradley for presentment of motion for summary judgment #444 before Honorable James F. Holderman on 1/10/2012 at 09:00 AM. (Bradley, James) |
Filing 448 DECLARATION of Mark A. Dodd IN SUPPORT OF TELLABS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,227,681 with Exhibits 1-3 (Bradley, James) |
Filing 447 DECLARATION of Dr. A. Bruce Buckman IN SUPPORT OF TELLABS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,227,681 with Exhibits 1-2 (Attachments: #1 Exhibit 3 Part I of Buckman Declaration, #2 Exhibit 3 Part II of Buckman Declaration, #3 Exhibit 3 Part III of Buckman Declaration, #4 Exhibit 4-5 of Buckman Declaration, #5 Exhibit 6 of Buckman Declaration, #6 Exhibit 7 of Buckman Declaration, #7 Exhibit 8-12 of Buckman Declaration)(Bradley, James) |
Filing 446 RULE 56.1(a)(3) Statement TELLABS, INC.S, TELLABS OPERATIONS, INC.S, AND TELLABS NORTH AMERICA, INC.S STATEMENT OF MATERIAL FACTS IN SUPPORT OF TELLABS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,227,681 (Bradley, James) |
Filing 445 MEMORANDUM OF LAW IN SUPPORT OF TELLABS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,227,681 (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 444 MOTION by Plaintiff Tellabs Operation, Inc., Counter Claimant Tellabs, Inc., Counter Defendant Tellabs North America, Inc. for summary judgment OF INVALIDITY OF U.S. PATENT NO. 7,227,681 (Bradley, James) |
Filing 443 SUR-REPLY by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to reply #439 in Opposition to Tellabs' Motion for Reconsideration (Van Dyke, David) |
Filing 442 MINUTE entry before Honorable James F. Holderman: Defendants Fujitsu Limited, Fujitsu Network Communications, Inc.'s agreed motion for leave to file a sur-reply in opposition to Tellabs' motion for reconsideration #440 is granted. Mailed notice (am) |
Filing 441 NOTICE of Motion by David C. Van Dyke for presentment of motion for leave to file #440 before Honorable James F. Holderman on 12/22/2011 at 09:00 AM. (Van Dyke, David) |
Filing 440 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file a Sur-Reply in Opposition to Tellabs' Motion for Reconsideration (Attachments: #1 Exhibit A)(Van Dyke, David) |
Filing 439 REPLY by Plaintiff Tellabs Operation, Inc. to motion for reconsideration #432 In Support of its Motion for Reconsideration (Attachments: #1 Declaration of Kelley Conaty with Exhibits 1-6)(Bradley, James) |
Filing 438 CERTIFICATE of Service by David C. Van Dyke on behalf of All Defendants regarding response to motion #437 (Van Dyke, David) |
Filing 437 RESPONSE by Fujitsu Limited, Fujitsu Network Communications, Inc. to MOTION by Plaintiff Tellabs Operation, Inc. for reconsideration and Memorandum in Support of Its Motion for Reconsideration #432 (Van Dyke, David) |
Filing 436 ATTORNEY Appearance for Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. by Joseph Watson Barber (Barber, Joseph) |
Filing 435 MINUTE entry before Honorable James F. Holderman:Motion hearing held on 11/3/2011. On plaintiff's motion for reconsideration #432 , response due by 11/17/2011; reply due by 12/8/2011. The Court to rule electronically and will set further dates, if needed. Magistrate Judge Cole is referred the authority to set both fact and expert discovery closure dates. Mailed notice (am) |
Filing 434 EXHIBIT by Plaintiff Tellabs Operation, Inc. Corrected Ex. 3 of Declaration of Benjamin B. Kelly regarding MOTION by Plaintiff Tellabs Operation, Inc. for reconsideration and Memorandum in Support of Its Motion for Reconsideration #432 (Bradley, James) |
Filing 433 NOTICE of Motion by James Patrick Bradley for presentment of motion for reconsideration #432 before Honorable James F. Holderman on 11/3/2011 at 09:00 AM. (Bradley, James) |
Filing 432 MOTION by Plaintiff Tellabs Operation, Inc. for reconsideration and Memorandum in Support of Its Motion for Reconsideration (Attachments: #1 Declaration of Benjamin Kelly with Exhibits 1-3)(Bradley, James) |
Filing 431 ATTORNEY Appearance for Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. by Thomas Jefferson Ramsdell, III (Ramsdell, Thomas) |
Filing 430 MINUTE entry before Honorable James F. Holderman: Attorney Mark J. Shean's application to appear pro hac vice on behalf of Fujitsu #399 is granted. Attorney Robert M. Isackson's application to appear pro hac vice on behalf of Fujitsu #418 is granted. Attorney Glen Liu's application to appear pro hac vice on behalf of Fujitsu #420 is granted. Attorney Thomas S. McConville's application to appear pro hac vice on behalf of Fujitsu #421 is granted. Mailed notice (am) |
Filing 429 MINUTE entry before Honorable James F. Holderman: Status hearing held on 10/20/2011. Jury Trial date of 1/17/2012 is reset for 7/16/2012 at 9:00 AM. Mailed notice (am) |
Filing 428 NOTICE by David C. Van Dyke of Change of Address (Van Dyke, David) |
Filing 427 Memorandum Opinion and Order. Signed by the Honorable James F. Holderman on 9/29/2011: Mailed notice (am) |
Filing 426 MINUTE entry before Honorable James F. Holderman: ENTER MEMORANDUM OPINION AND ORDER: The court has provided its claim constructions for the disputed claim terms in the '418, '772, '773, '163, and '681 Patents. A status is set for October 20, 2011 at 9:00 A.M., to set further dates. The parties are strongly encouraged to discuss settlement. Mailed notice (am) |
Filing 425 TRANSCRIPT OF PROCEEDINGS held on 08/11/11 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/3/2011. Redacted Transcript Deadline set for 10/13/2011. Release of Transcript Restriction set for 12/12/2011. (Conway, Colleen) |
Filing 424 TRANSCRIPT OF PROCEEDINGS held on 04/26/11 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/3/2011. Redacted Transcript Deadline set for 10/13/2011. Release of Transcript Restriction set for 12/12/2011. (Conway, Colleen) |
Filing 423 STATUS Report REGARDING REEXAMINATION OF USPN 7369772 by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Attachments: #1 Exhibit)(Bradley, James) |
Filing 422 TRANSCRIPT OF PROCEEDINGS held on 08/22/11 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Gayle A. McGuigan, (312) 435-6047, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/16/2011. Redacted Transcript Deadline set for 9/26/2011. Release of Transcript Restriction set for 11/25/2011. (McGuigan, Gale) |
Filing 421 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6233180. (Mcconville, Thomas) |
Filing 420 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6210629. (Liu, Glen) |
Filing 419 NOTICE by David E. Wang of Change of Address re: removal of Misasha Suzuki (Wang, David) |
Filing 418 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6164857. 08-CV-3379 (Isackson, Robert) |
Filing 417 MINUTE entry before Honorable Jeffrey Cole: Status hearing held. Counsel are instructed to discuss their schedules and contact my courtroom deputy, Gwen Rosegay (312-408-5178), to set a further status hearing date. Mailed notice (gmr, ) |
Filing 416 MINUTE entry before Honorable Jeffrey Cole: Tellabs has just sent 20 cases and related correspondence in relation to Tellabs' Supporting Documentation Regarding (1) Fujitsu's Failure Adequately to Answer Interrogatories Nos. 4 and 23; (2) Tellabs' Repeated Requests to Obtain Fujitsu's Financial Documents in Readable Native Format; and (3) Additional Authority on Proof Requirement for Application of Entire Market Value Rule (Re Interrogatory No. 4). While I have told the parties that they are free to submit these informal presentations, this particular submission must be filed in a formalized motion to which Fujitsu can adequately respond. Having said that, the matter can certainly be discussed at the status hearing tomorrow. If the parties can come to some resolution of these issues, so much the better. Mailed notice (gmr, ) |
Filing 415 TRANSCRIPT OF PROCEEDINGS held on 6/21/2011 before the Honorable Jeffrey Cole. Status Conference. Court Reporter Contact Information: APRIL METZLER, 312-408-5154, April_Metzler@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (Metzler, April) |
Filing 414 MINUTE entry before Honorable Jeffrey Cole: Status hearing held. Status hearing remains set for 6/30/2011 at 9:30 a.m. to discuss the possible privilege issues involving the reverse engineering undertaken by Fujitsu. The parties shall continue their discussions regarding the issues raised in court today, including the pending requests to admit and interrogatories regarding the "entire market value" rule. Tellabs has objected to what it claims is the inadequacy of Fujitsu's response to Interrogatory #4, which seeks information regarding Fujitsu's claim that the measure of damages is the entire market value of certain products sold. Fujitsu has supplemented its answer to that interrogatory and has provided documents in further response apparently pursuant to Rule 33(d), Federal Rules of Civil Procedure. Fujitsu, however, claims that it need go no further and that the interrogatory is premature and that all the information sought will eventually be disclosed during expert discovery. That, it says, is time enough since the trial will not be until January 17, 2012. While under certain circumstances, damage theories ought to await the close of discovery, in most instances, damage contention interrogatories are perfectly proper during discovery. See discussion in U.S. ex rel. Tyson v. Amerigroup Illinois, Inc., 230 F.R.D. 538, 544 (N.D.Ill. 2005). Of course, the responding party may be required to supplement its responses pursuant to Rule 26(e), Federal Rules of Civil Procedure. But even the likelihood of supplementation is not an automatic bar to discovery that is otherwise appropriate. Finally, the parties are reminded that resort to Rule 33(d) is only appropriate where "the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served....." See the discussion in In re Sulfuric Acid Antitrust Litigation 231 F.R.D. 351, 366 -367 (N.D.Ill. 2005). Mailed notice (gmr, ) |
Filing 413 MINUTE entry before Honorable James F. Holderman: Status hearing held on 6/21/2011. Fujitsu's response to Tellabs' oral motion due by 7/12/2011; reply due by 7/26/2011. The Court to rule electronically. Mailed notice (am) |
Filing 412 MINUTE entry before Honorable Jeffrey Cole: Status hearing held and continued to June 30, 2011 at 9:30 a.m. Today, I conducted an extensive discussion with counsel regarding a discovery issue that they have not been able to resolve, but which each side considers significant. It appears that Fujitsu has conducted some sort of reverse engineering on Tellabs' equipment that it purchased on eBay. Tellabs has sought discovery relating to the results of those endeavors. Fujitsu has resisted, claiming attorney/client privilege and work-product protection even for the results and observations of those endeavors. The reverse engineering was apparently undertaken by engineers who are employed by Fujitsu and by an outside Ph.D. The protections afforded by Rule 26(b)(4)(B), now 26(b)(4)(D), were not raised in the written objections filed by Fujitsu, although they were discussed at today's hearing. It was Tellabs' position that Fujitsu has injected the issue of reverse engineering into the case and thereby had waived any protection that otherwise even arguably, might have covered the results of the reverse engineering. Fujitsu disagreed, contending that it had not done so, but conceding that it if had put at issue the reverse engineering, the waiver doctrine would be properly invoked. This is the familiar waiver by implication doctrine. See e.g., Willy v. Administrative Review Bd., 423 F.3d 483, 497 (5th Cir. 2005); Flowers v. Owens, _F.R.D._, 2011 WL 1547142, 5 (N.D.Ill. 2011); United Auto Insurance Co. v. Veluchamy, 747 F.Supp.2d 1021, 1029 (N.D.Ill. 2010) At an earlier hearing when these issues were discussed, I inquired why the results of the reverse engineering should be deemed protected, since, under Hickman v. Taylor, facts are not within the work-product protection, and the attorney/client privilege as consistently enunciated for more than a century protects confidential "communications" from a client to its lawyer seeking legal advice. At my request, the parties provided me informally with cases that they believe supported their respective positions. Tellabs ultimately took the position that it wanted until June 30th to decide whether it would be relying on the reverse engineering results at trial. If it chose not to do so, then, it contended, discovery would be on a matter that was not relevant. Fujitsu disputed that contention. Viewed solely from the vantage point of Fujitsu's affirmative case, the argument had at least arguable merit. Nothing would prohibit Fujitsu from withdrawing from consideration a component of its proof or an issue that would thereby render discovery on that issue irrelevant. See the discussion in Kronenberg v. Baker & McKenzie LLP, 747 F.Supp.2d 983 (N.D.Ill. 2010). However, Fujitsu raised the possibility that it might not use the reverse engineering that had already been completed, but it might use a new outside expert to conduct further reverse engineering tests for use at trial. Of course, it is free to do so. But that may then leave in play the issue that might otherwise be mooted if the reverse engineering issue plays no role in Fujitsu's case, and if Tellabs cannot make a case for independent relevance in connection with any claim or defense it has. None of these are questions that need be answered now or that indeed are appropriate to even suggest the answer to. June 30th will be here soon enough. If, however, that day comes and there has not been a definitive answer with regard to Fujitsu's plans, Tellabs will be free to file whatever formal motion it deems appropriate. Of course, Fujitsu will have ample time to respond. Finally, I declined to review in camera an affidavit appeared by Mr. Wong, one of Fujitsu's counsel that purported to justify the claim of attorney/client privilege advanced in the objections to certain of Tellabs' discovery requests since I expressed concern about utilizing attorney/client protected statements which I was told were contained in Mr. Wong's affidavit in order to make the case for the attorney/client privilege covering whatever Tellabs engineers and outside Ph.D did in connection with their reverse engineering undertakings. Mailed notice (gmr, ) |
Filing 411 STATUS Report Regarding Reexamination of U.S. Patent No. 7,369,772 by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Attachments: #1 Exhibit A)(Bradley, James) |
Filing 409 ANSWER to counterclaim Answer to Third Amended Counterclaims of Fujitsu Limited, COUNTERCLAIM filed by Tellabs North America, Inc. against Fujitsu Limited. by Tellabs North America, Inc.(Bradley, James) |
Filing 408 ANSWER to counterclaim Answer to Third Amended Counterclaims of Fujitsu Limited, COUNTERCLAIM filed by Tellabs, Inc. against Fujitsu Limited. by Tellabs, Inc.(Bradley, James) |
Filing 407 ANSWER to Counterclaim by Tellabs Operation, Inc. re #395 Answer to Third Amended Counterclaims of Fujitsu Limited and Counterclaims Against Fujitsu Limited (Bradley, James) |
Filing 406 ANSWER to counterclaim Answer to Third Amended Counterclaims of Fujitsu Network Communications, Inc. by Tellabs Operation, Inc.(Bradley, James) |
Filing 410 MINUTE entry before Honorable Jeffrey Cole: Status hearing held and continued to 6/1/2011 at 9:30 a.m. to further discuss the issues addressed at the conference this morning. Counsel are ordered to immediately exchange case authority with each other regarding the matters discussed at todays conference that each side contends support its respective position. And counsel are requested to provide citations to those cases to the court by email as they are exchanged. The court wishes to thank counsel for their willingness to continue meeting with each other to discuss the current dispute. Finally, the parties should feel free to take the depositions discussed today in my courtroom. They need only make arrangements with my courtroom deputy, Gwen Rosegay (312-408-5178). Mailed notice (gmr, ) |
Filing 405
TRANSCRIPT OF PROCEEDINGS held on 10/28/09 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, pswcsr@aol.com, 312-294-8907.
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Filing 404
TRANSCRIPT OF PROCEEDINGS held on 7/21/09 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, pswcsr@aol.com, 312-294-8907.
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Filing 403
TRANSCRIPT OF PROCEEDINGS held on 07/08/09 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, pswcsr@aol.com, 312-294-8907.
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Filing 402
TRANSCRIPT OF PROCEEDINGS held on 4/10/09 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, pswcsr@aol.com, 312-294-8907.
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Filing 401
TRANSCRIPT OF PROCEEDINGS held on 4/09/09 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, pswcsr@aol.com, 312-294-8907.
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Filing 400
TRANSCRIPT OF PROCEEDINGS held on 2/19/09 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, pswcsr@aol.com, 312-294-8907.
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Filing 399 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6030604. (Shean, Mark) |
Filing 398 ATTORNEY Appearance for Counter Claimants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. by Richard Francis O'Malley (O'Malley, Richard) |
Filing 397 MINUTE entry before Honorable James F. Holderman:Motion hearing held on 5/12/2011, regarding Fujitsu Limited's and Fujitsu Network Communications, Inc.'s motion for leave to file #392 third amended answer and affirmative defenses and amended counterclaim is granted. Contentin to interrogatories to be provided by 6/16/11. Status hearing set for 6/21/2011 at 09:00 AM.Judicial staff mailed notice (gl, ) |
Filing 396 Fujitsu Network Communications, Inc's Third Amended ANSWER to Complaint with Jury Demand and Affirmative Defenses, Fujitsu Network Communications, Inc.'s Third Amended COUNTERCLAIM filed by Fujitsu Network Communications, Inc. against All Plaintiffs. by Fujitsu Network Communications, Inc. (Attachments: #1 Exhibit A - K, #2 Exhibit L - Q, #3 Exhibit R (Part I), #4 Exhibit R (Part II))(Van Dyke, David) |
Filing 395 Fujitsu's Third Amended ANSWER to Complaint with Jury Demand and Affirmative Defenses, Fujitsu's Third Amended COUNTERCLAIM filed by Fujitsu Limited against Tellabs North America, Inc., Tellabs, Inc.. by Fujitsu Limited (Attachments: #1 Exhibit A - K, #2 Exhibit L - Q, #3 Exhibit R (Part I), #4 Exhibit R (Part II), #5 Exhibit S - T)(Van Dyke, David) |
Filing 394 ATTORNEY Appearance for Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. by Lea Ann Chambers Fracasso (Fracasso, Lea Ann) |
Filing 393 NOTICE of Motion by David C. Van Dyke for presentment of motion for leave to file #392 before Honorable James F. Holderman on 5/12/2011 at 09:00 AM. (Van Dyke, David) |
Filing 392 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file Third Amended Answer and Affirmative Defenses and Amended Counterclaims (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Dyke, David) |
Filing 391 MINUTE entry before Honorable James F. Holderman: Attorney Misasha C. Suzuki's application to appear pro hac vice #388 is granted. Defendants Fujitsu Limited and Fujitsu Network Communications' motion to withdraw the appearances of Robert W. Dickerson, Allan W. Jansen, Jeffrey A. Miller, Mark Stirrat, Michael Tonkingso, Jae H. Kim, Kevin Jones and Ann M. Meckstroth #389 is granted. Attorney Jae-Hwan Kim; Ann Marie Meckstroth; Jeffrey A. Miller; Mark Stirrat; Michael Tonkinson; Robert W. Dickerson and Allan W Jansen terminated.Mailed notice (am) |
Filing 390 NOTICE of Motion by David C. Van Dyke for presentment of motion to withdraw #389 before Honorable James F. Holderman on 5/12/2011 at 09:00 AM. (Van Dyke, David) |
Filing 389 MOTION by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc., Counter Defendant Fujitsu Limited to withdraw (Attachments: #1 Exhibit A - E)(Van Dyke, David) |
Filing 388 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5949760. (Suzuki, Misasha) |
Filing 387 Fujitsu Network Communications, Inc.'s Second Amended ANSWER to Complaint with Jury Demand and Affirmative Defenses, Fujitsu Network Communications, Inc.'s Second Amended COUNTERCLAIM filed by Fujitsu Network Communications, Inc. against Tellabs Operation, Inc.. by Fujitsu Network Communications, Inc. (Attachments: #1 Exhibit A - K, #2 Exhibit L - Q, #3 Exhibit R (Part I of II), #4 Exhibit R (Part II of II))(Van Dyke, David) |
Filing 386 Fujitsu Limited's Second Amended ANSWER to Complaint with Jury Demand and Affirmative Defenses, Fujitsu Limited's Second Amended COUNTERCLAIM filed by Fujitsu Limited against Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc.. by Fujitsu Limited (Attachments: #1 Exhibit A - K, #2 Exhibit L - Q, #3 Exhibit R (Part I of II), #4 Exhibit R (Part II of II), #5 Exhibit S - T)(Van Dyke, David) |
Filing 385 MINUTE entry before Honorable James F. Holderman:Attorney Steven C. Maling's application to appear pro hac vice on behalf of Tellabs #378 is granted. Attorney Michael D. Owens' application to appear pro hac vice on behalf of Fujitsu #379 is granted. Attorney Christopher A. Hivick's application to appear pro hac vice on behalf of Fujitsu #380 is granted. Fujitsu Limited and Fujitsu Network Communications, Inc.'s motion for leave to file second amended answer and affirmative defenses and amended counterclaims #382 is granted. Tellabs' response to the second amended answer and affirmative defenses and amended counterclaims due by 5/10/2011; reply due by 5/24/2011. The Court to rule electronically and will set further dates at the time of ruling. Mailed notice (am) |
Filing 384 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5938514. (Caridis, Alyssa) |
Filing 383 NOTICE of Motion by David C. Van Dyke for presentment of motion for leave to file, #382 before Honorable James F. Holderman on 4/26/2011 at 09:00 AM. (Van Dyke, David) |
Filing 382 MOTION by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file Second Amended Answer and Affirmative Defenses and Counterclaims (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Dyke, David) |
Filing 380 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5919421. (Hivick, Chris) |
Filing 379 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5917815. (Owens, Michael) |
Filing 378 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5904166. (Attachments: #1 Attachment A - Courts Admitted to, #2 Attachment B - Change of Status in California)(Malin, Steven) |
Filing 377 MINUTE entry before Honorable James F. Holderman: Attorney James C. Brooks' application to appear pro hac vice on behalf of Fujitsu Limited and Fujitsu Network Communications, Inc. #370 is granted. Attorney Mark Philip Wine's application to appear pro hac vice on behalf of Fujitsu Limited #371 is granted. Mailed notice (am) |
Filing 381 MINUTE entry before Honorable Jeffrey Cole: Telephone conference hearing held and continued to 5/24/2011 at 9:30 a.m. Counsel shall contact my courtroom deputy with dial-in instructions prior to the telephone conference. Mailed notice (gmr, ) |
Filing 376 TRANSCRIPT OF PROCEEDINGS held on 12/07/10 before the Honorable James F. Holderman. Markman Hearing, Volume 5, Pages 554-765. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (Conway, Colleen) |
Filing 375 TRANSCRIPT OF PROCEEDINGS held on 12/03/10 before the Honorable James F. Holderman. Markman Hearing, Volume 4, Pages 388-553. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (Conway, Colleen) |
Filing 374 TRANSCRIPT OF PROCEEDINGS held on 12/02/10 before the Honorable James F. Holderman. Markman Hearing, Volume 3, Pages 295-387. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (Conway, Colleen) |
Filing 373 TRANSCRIPT OF PROCEEDINGS held on 12/01/10 before the Honorable James F. Holderman. Markman Hearing, Volume 2, Pages 93-294. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (Conway, Colleen) |
Filing 372 TRANSCRIPT OF PROCEEDINGS held on 11/30/10 before the Honorable James F. Holderman. Markman Hearing, Volume 1, Pages 1-92. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (Conway, Colleen) |
Filing 371 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5880676. (Attachments: #1 Attachment)(Wine, Mark) |
Filing 370 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5875236. (Brooks, James) |
Filing 369 MEMORANDUM Opinion and Order Signed by the Honorable James F. Holderman on 3/31/2011:Judicial staff mailed notice(gl, ) |
Filing 368 MINUTE entry before Honorable James F. Holderman: For the reasons set forth in the accompanying Memorandum Opinion and Order, the court finds that the specification for U.S. Patent No. 5,533,006 ("006 Patent") does not disclose any structures corresponding to the means-plus-function claim term controlling means,"which appears in all the independent claims of the '006 Patent. Consequently, the 006 Patent is invalid for indefiniteness under 112, paragraph 6. Tellabs's "Motion for Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006" #305 is granted. In a separate opinion issued today, this court denied "Tellabs' Motion for Summary Judgment of Invalidity Based on Indefiniteness of All Asserted Claims (1 and 6-9) of U.S. Patent No. 5,386,418 (Case No. 09-4530, Dkt. No. 165), and granted Fujitsu's "Motion for Summary Judgment for Judicial Correction of And to A in Claim 1 of U.S. Patent 5,386,418" (Case No. 09-4530, Dkt. No. 202). The claim constructions for the 418, 163, 737, 681, and 772 Patents remain under advisement. The parties are encouraged to discuss settlement.Judicial staff mailed notice (gl, ) |
Filing 367 NOTICE by Jeffrey A. Miller of Change of Address (Miller, Jeffrey) |
Filing 366 NOTICE by Mark Stirrat of Change of Address (Stirrat, Mark) |
Filing 365 NOTICE by Allan W Jansen of Change of Address (Jansen, Allan) |
Filing 364 MINUTE entry before Honorable Jeffrey Cole: Status hearing held. Telephone conference hearing set for 4/11/2011 at 9:30 a.m. Counsel shall contact my courtroom deputy with dial-in instructions prior to the telephone conference. To the extent that any difficulties or issues may arise during the course of the depositions, counsel are encouraged to call chambers to resolve those issues (312-435-5601). Counsel are to be commended for the cooperative spirit in which they have approached the discovery issues in the case and the professionalism with which they have conducted themselves at all times. Mailed notice (gmr, ) |
Filing 363 NOTICE by Robert W. Dickerson of Change of Address (Dickerson, Robert) |
Filing 362 MINUTE entry before Honorable Jeffrey Cole: Status hearing held and continued 2/23/2011 at 9:30 a.m. Out-of-town counsel may appear by telephone and shall contact my courtroom deputy, Gwen Rosegay (312-408-5178), with dial-in instructions. Mailed notice (gmr, ) |
Filing 361 TRANSCRIPT OF PROCEEDINGS held on 11/16/10 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (Conway, Colleen) |
Filing 360 TRANSCRIPT OF PROCEEDINGS held on 09/21/10 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (Conway, Colleen) |
Filing 359 TRANSCRIPT OF PROCEEDINGS held on 08/31/10 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (Conway, Colleen) |
Filing 358 TRANSCRIPT OF PROCEEDINGS held on 06/22/10 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (Conway, Colleen) |
Filing 357 MINUTE entry before Honorable James F. Holderman: Marking hearing held on 12/7/2010. Mailed notice (am) |
Filing 356 MINUTE entry before Honorable James F. Holderman:Attorney Michael Tonkinson's application to appear pro hac vice on behalf of Fujitsu Limited and Fujitsu Network Communications #354 is granted. Minute entry # 355 is corrected to read... Markman hearing is continued for 12/7/2010 at 9:30 AM. Mailed notice (am) |
Filing 355 MINUTE entry before Honorable James F. Holderman: Markman hearing held on 12/3/2010 and is continued for 12/6/2010 at 9:30 AM. Mailed notice (am) |
Filing 354 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5481530. (Tonkinson, Michael) |
Filing 353 MINUTE entry before Honorable James F. Holderman: Markman hearing held on 12/2/2010 and is continued for 12/3/2010 at 9:30 AM. Mailed notice (am) |
Filing 352 MINUTE entry before Honorable James F. Holderman:Attorney Gino Cheng's application to appear pro hac vice on behalf of Fujitsu Limited and Fujitsu Network Communications, Inc. #349 is granted. Mailed notice (am) |
Filing 351 MINUTE entry before Honorable James F. Holderman:Markman hearing held on 12/1/2010 and is continued for 12/2/2010 at 10:00 AM. Mailed notice (am) |
Filing 350 MINUTE entry before Honorable James F. Holderman:Claims construction hearing held on 11/30/201 and is continued for 12/1/2010 at 9:30 AM. Mailed notice (am) |
Filing 349 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5460980. (Cheng, Gino) |
Filing 348 MINUTE entry before Honorable James F. Holderman: Status hearing held on 11/16/2010. Claim construction hearing set to begin on 11/30/2010 at 10:00 AM. Jury Trial set for 1/17/2012 at 9:30 AM. Mailed notice (am) |
Filing 347 MINUTE entry before Honorable Jeffrey Cole: Status hearing held and continued to 1/12/2011 at 9:15 a.m. Mailed notice (gmr, ) |
Filing 346 MINUTE entry before Honorable Jeffrey Cole: The status hearing before the assigned judge having been reset, status hearing set for 11/16/2010 at 9:00 a.m., the parties to report immediately following the status before Chief Judge Holderman. Mailed notice (gmr, ) |
Filing 345 MINUTE entry before Honorable James F. Holderman: Status hearing date of 11/18/2010 is reset for 11/16/2010 at 9:00 AM. Mailed notice (am) |
Filing 344 ATTORNEY Appearance for Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. by Kimberly Michelle Hume (Hume, Kimberly) |
Filing 343 MINUTE entry before Honorable James F. Holderman: Motion to withdraw appearance of Joseph A. Panatera as attorney for Fujitsu defendants #341 is granted. The Court on further review of counsel's proposed dates, sets the Markman Hearing for 12/1/2010 at 9:00 AM and 12/2/2010 at 10:00 AM. Status hearing date of 9/9/2010 is reset for 11/18/2010 at 9:00 AM. Attorney Joseph A. Panatera terminated. Mailed notice (am) |
Filing 342 NOTICE of Motion by Joseph A. Panatera for presentment of motion to withdraw as attorney, #341 before Honorable James F. Holderman on 8/31/2010 at 09:30 AM. (Panatera, Joseph) |
Filing 341 MOTION by counsel for Counter Defendants Fujitsu Limited, Fujitsu Limited, Fujitsu Limited, Fujitsu Limited, Fujitsu Limited, Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Limited, Fujitsu Network Communications, Inc., Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to withdraw as attorney (Panatera, Joseph) |
Filing 340 TRANSCRIPT OF PROCEEDINGS held on March 30, 2010 before the Honorable James F. Holderman. Court Reporter Contact Information: Carolyn Cox, 312-435-5639, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/13/2010. Redacted Transcript Deadline set for 9/23/2010. Release of Transcript Restriction set for 11/22/2010. (Cox, Carolyn) |
Filing 339 MINUTE entry before Honorable James F. Holderman:Tellabs Operations, Inc. and Tellabs North America, INc.'s unopposed Motion for leave to file its reply to motion for summary judgment in excess of page limits and to permit Tellab to file its reply brief in its entirety is granted. Motion terminated. The motion hearing set for 8/17/10 is stricken. Judicial staff mailed notice (gl, ) |
Filing 338 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit B-34 regarding reply, #335 (Van Dyke, David) |
Filing 337 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit B-28 regarding reply, #335 (Van Dyke, David) |
Filing 336 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit B-27 regarding reply, #335 (Van Dyke, David) |
Filing 335 REPLY by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to other,, #298 Reply Brief RE Construction of Claim Terms in Tellabs' U.S. Patent '772 (Attachments: #1 Exhibit B-26 - B-37, C-1, C-2)(Van Dyke, David) |
Filing 334 REPLY by Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. to statement in support, #328 (Bradley, James) |
Filing 333 REPLY by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. to SEALED MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Motion and Memorandum of Law in Support of Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 #305 (Attachments: #1 Declaration of Kristoffer Leftwich, #2 Declaration of Andrew C. Singer)(Bradley, James) |
Filing 332 NOTICE of Motion by James Patrick Bradley for presentment of motion for leave to file excess pages, #331 before Honorable James F. Holderman on 8/17/2010 at 09:00 AM. (Bradley, James) |
Filing 331 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. for leave to file excess pages Tellabs Unopposed Motion for Leave to File its Reply Motion for Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 Brief in Excess of Page Limits (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 330 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit C-13 regarding response in opposition to motion,,, #327 (Van Dyke, David) |
Filing 329 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit C-8 regarding response in opposition to motion,,, #327 (Van Dyke, David) |
Filing 328 STATEMENT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc.in Support of SEALED MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Motion and Memorandum of Law in Support of Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 #305 refiled with leave of court Doc. #211 in 09 CV 4530 related case (Van Dyke, David) |
Filing 327 RESPONSE by Fujitsu Limited, Fujitsu Network Communications, Inc.in Opposition to SEALED MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Motion and Memorandum of Law in Support of Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 #305 (refiled with leave of court Doc. #211 in 09 CV 4530 related case) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1 through C-8, #4 Exhibit C-9 through C-13, #5 Exhibit C-14 through C-25, #6 Exhibit C-26 through C-35, #7 Exhibit D-1 through D-5, #8 Exhibit D-6 through D-8, #9 Exhibit D-9 through D-10, #10 Exhibit E (Part I), #11 Exhibit E (Part II))(Van Dyke, David) |
Filing 326 ATTORNEY Appearance for Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. by Benjamin B. Kelly (Kelly, Benjamin) |
Filing 325 ATTORNEY Appearance for Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. by Kristoffer B Leftwich (Leftwich, Kristoffer) |
Filing 324 MINUTE entry before Honorable James F. Holderman: Plaintiff's motion to withdraw Brian C. Bianco as attorney #307 is granted. Attorney Benjamin B. Kelly's Application to appear pro hac vice on behalf of Tellabs #313 is granted. Attorney Kristoffer B. Leftwich's Application to appear pro hac vice on behalf of Tellabs #314 is granted. Plaintiffs' unopposed motion for leave to file its responsive claim construction brief in excess of page limits #320 is granted. Attorney Brian Christopher Bianco terminated. Mailed notice (am) |
Filing 323 SEALED DOCUMENT by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Tellabs' Responsive Brief on Claim Construction [regarding docket no. 298] (Attachments: #1 Exhibit 18 to Mark Dodd's Declaration, #2 Exhibit 27 to Mark Dodd's Declaration)(Bradley, James) |
Filing 322 Tellabs' Responsive Brief on Claim Construction [regarding docket no. 298] by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Attachments: #1 Declaration of Mark Dodd with Exhibits 1-12, #2 Exhibit 13-23 to Mark Dodd's Declaration, #3 Exhibit 24-34 to Mark Dodd's Declaration, #4 Exhibit 35-42 to Mark Dodd's Declaration, #5 Declaration of Kim Winick with Exhibits 1-2, #6 Exhibit 3-5 to Kim Winick's Declaration)(Bradley, James) |
Filing 321 NOTICE of Motion by James Patrick Bradley for presentment of motion for leave to file, #320 before Honorable James F. Holderman on 7/27/2010 at 09:00 AM. (Bradley, James) |
Filing 320 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for leave to file Tellabs' Unopposed Motion for Leave to File Its Responsive Claim Construction Brief in Excess of Page Limits (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 319 MINUTE entry before Honorable Jeffrey Cole: Motion hearing held. Tellabs North America, Inc., Tellabs, Inc., and Tellabs Operation, Inc. Motion to Compel Interrogatory Responses #310 is moot in light of the court's ruling on the motion in case 09C4530. Tellabs Operation, Inc. and Tellabs, Inc. Motion for Order to Remove Docket Entry No. 310 #316 is granted. Mailed notice (ea, ) |
Filing 318 MINUTE entry before Honorable Jeffrey Cole:On 6/22/10, in response to Tellabs' Motion to Compel Interrogatory Responses, I entered a very specific minute order which, in part, reminded the parties of their obligations under Local Rule 37.2 and stated that compliance with the Rule would be required. It also called the parties' attention to my earlier order of 7/21/09, which previously had called the parties attention to the need for compliance with that Rule. It was unnecessary to have done so since all parties in all cases are required to comply with all Local Rules. The order of 6/22/10 also informed the parties that discovery motions would have to comply with the requirements set forth in Autotech Techonologies, Ltd. v. AutomationDirect.com, 2007 WL 2736681 (N.D.Ill. 2007). The order of 6/22/10 concluded by saying that if there was not "full compliance" within seven days with Local Rule 37.2, the order of 7/21/09, and the requirements of the 6/22/10 order, the then-pending Motion to Compel would be denied. Nonetheless, Tellabs has filed a Motion to Compel Interrogatory Responses in this and in case 09 C 04530, which does not comply with Rule 37.2 or the requirements of Autotech. There is simply an opening paragraph which says: "[a]s required by Local Rule 37.2, the parties consulted by telephone, email, and letter correspondence" in an attempt to resolve their differences. Attached to the motions are a series of letters and emails. But as the plain language of Rule 37.2 provides - as pointed out in the order of 6/22/10 -- letters and emails do not count. Moreover, there is not the certificate of compliance required by Autotech. Merely attaching lengthy and complicated letters requires the judge to play archaeologist with the record, contrary to the Seventh Circuit's repeated admonition that "[d]istrict judges are not archaeologists. They need not excavate masses of papers in search of revealing tidbits-not only because the rules of procedure place the burden on the litigants, but also because their time is scarce. Other parties, who live by the rules, have a priority claim on the judge's attention. Lawyers and litigants who decide that they will play by rules of their own invention will find that the game cannot be won." Northwestern Nat. Ins. Co. v. Baltes, 15 F.3d 660, 662 -663 (7th Cir.1994). Accord, DeSilva v. DiLeonardi, 181 F.3d 865, 867 (7th Cir.1999); Jacobs v. Velasco, 41 Fed.Appx. 882, 883, 2002 W.L. 1732577, 1 (7th Cir.2002). Nor are judges "like pigs, hunting for truffles buried in briefs." United States v. Dunkel, 927 F.2d 955, 956 (7th Cir.1991). Accord, Casna v. City of Loves Park, 574 F.3d 420, 424 (7th Cir. 2009); Petts v. Rockledge Furniture LLC., 534 F.3d 715, 722 (7th Cir.2008); Alexander v. City of South Bend, 433 F.3d 550, 552 (7th Cir. 2006); Contilli v. Local 705 Intern. Broth. of Teamsters Pension Fund, 559 F.3d 720, 724 (7th Cir.2009). This is the undeviating rule in other Circuits as well. See e.g., United States v. Hoffecker, 530 F.3d 137, 163 (3d Cir.2008);.Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003); U.S. v. Starnes, 583 F.3d 196, 216 (3d Cir.2009); Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1066 (9th Cir. 2009); Walker v. Prince George's County, MD, 575 F.3d 426, 429 (4th Cir.2009). Any future motion by any party that does not strictly comply with the order of 6/22/10 will be denied with prejudice. Similarly, any counsel for any party who refuses to have the kind of comprehensive Rule 37.2 conference that the Rule mandates will be required to bear the fees and costs associated with the bringing of the motion. Mailed notice (cdh, ) |
Filing 317 NOTICE of Motion by James Patrick Bradley for presentment of motion for order #316 before Honorable Jeffrey Cole on 6/30/2010 at 09:15 AM. (Bradley, James) |
Filing 316 MOTION by Plaintiff Tellabs Operation, Inc., Counter Defendant Tellabs, Inc. for order to Remove Docket Entry No. 310 (Attachments: #1 Text of Proposed Order On Tellab's Motion to Remove Docket Entry No. 310)(Bradley, James) |
Filing 314 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4947875. (Leftwich, Kristoffer) |
Filing 313 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4947788. (Kelly, Benjamin) |
Filing 315 MINUTE entry before Honorable James F. Holderman: Motion hearing held. Defendants' motion to file opening claim construction brief in excess of fifteen pages #293 is granted. Plaintiffs' motion for leave to file its opening brief on claim construction in excess of page limits #294 is granted. Joint claim construction chart to be filed by 8/17/2010. Plaintiffs' motion for leave to file its motion and memorandum of law in support of summary judgment of invalidity based on indefiniteness of all claims of U.S. Patent No. 5,533,006 in excess of page limits #301 is granted. On plaintiffs motion for summary judgment of invalidity based on indefiniteness of all claims of U.S. Patent 5,533,006, response due by 7/20/2010; reply due by 8/3/2010. The Court to rule electronically and will set further dates at the time of ruling. Plaintiffs motion to remove docket entry #308 is granted. The Clerk is directed to remove docket entry # 303 from the electronic docket. Mailed notice (ea, ) Modified on 6/25/2010 (ea, ). |
Filing 312 MINUTE entry before Honorable Jeffrey Cole: Tellabs Operations, Inc. filed today a Motion to Compel Interrogatory Responses #310 . The Motion, which is 15 pages long, with exhibits A through O, was filed under seal in its entirety, even though it contains almost exclusively legal arguments, and the accompanying exhibits consist of interrogatory responses, district court opinions and the kind of exchange of correspondence between counsel that has led Judge Posner to lament that "discovery is the bane of modern litigation." Rossetto v. Pabst Brewing Co., Inc., 217 F.3d 539, 542 (7th Cir. 2000). For the reasons explained in United Auto Ins. Co. v. Veluchamy, 2010 WL 889980 (N.D.Ill. 2010), the filing of the motion under seal, without a parallel filing in the public record with only redactions of information that qualify for under seal treatment, is improper. The cases are consistent in demanding that litigation be conducted in public to the maximum extent, consistent with respecting trade secrets, the identities of undercover agents, and other facts that should be held in confidence. See, e.g., Baxter International, Inc. v. Abbott Laboratories, 297 F.3d 544 (7th Cir.2002); Grove Fresh Distributors, Inc. v. Everfresh Juice Co.,24 F.3d 893 (7th Cir.1994). This means that both judicial opinions and litigants' briefs must be in the public record, if necessary in parallel versions-one full version containing all details, and another redacted version with confidential information omitted. Hicklin Engineering, L.C. v. Bartell, 439 F.3d 346, 348 (7th Cir.2006). The Motion is also improper in that it fails to comply with Local Rule 7.2. That Rule, which is also referred to on my website, provides that:"This court shall hereafter refuse to hear any and all motions for discovery and production of documents under Rules 26 through 37 of the Federal Rules of Civil Procedure, unless the motion includes a statement (1) that after consultation in person or by telephone and good faith attempts to resolve differences they are unable to reach an accord, or (2) counsel's attempts to engage in such consultation were unsuccessful due to no fault of counsel's. Where the consultation occurred, this statement shall recite, in addition, the date, time and place of such conference, and the names of all parties participating therein. Where counsel was unsuccessful in engaging in such consultation, the statement shall recite the efforts made by counsel to engage in consultation."The purpose of the Rule is "[t]o curtail undue delay and expense in the administration of justice." The Rule ultimately rests on what Holmes called the shortness of life and the reality that there is a never ending procession of cases that compete for judicial attention. If the parties can resolve the issue, the court's time is saved and available to be directed to those cases that present issues that cannot be amicably resolved. Each hour needlessly spent on a dispute is an hour squandered. See Chicago Observer, Inc. v. City of Chicago, 929 F.2d 325, 329 (7th Cir.1991) ("Litigation is costly not only for the litigants but also for parties in other cases waiting in the queue for judicial attention."). This is a problem that the Seventh Circuit has repeatedly adverted to. See, e.g., Otto v. Variable Annuity Life Ins. Co.,134 F.3d 841, 854 (7th Cir.1998); Channell v. Citicorp Nat. Services, Inc., 89 F.3d 379, 386 (7th Cir.1996); Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1077 (7th Cir.1987).The Motion, however, does not appear to contain the certification required by L.R. 37.2 or my Order of 7/21/09. It merely adverts to exchanges of letters and emails,which are attached as exhibits. Rule 37.2, however, is not satisfied by an exchange of letters. As its plain terms reflect, there must be consultation in person or by telephone. Finally, the Motion does not comply with my order of 7/21/09 #177 , which requires not only that the Certificate of Compliance comply strictly with Local Rule 37.2, but "in addition shall reflect the items discussed, on an item-by-item basis, stating what was discussed and the response from each party, regarding the particular item, including any concessions offered by a party and an explanation of why that concession was rejected. See Autotech Technologies Ltd. Partnership v. Automation Direct.com., 2007 W.L. 2736681 (N.D. Ill 2007)." The plaintiff shall have seven days to fully comply with Local Rule 37.2 and my order of 7/21/09 and to file "parallel versions" of the Motion to Compel as required by the Seventh Circuit. If there has not been full compliance by that date, the Motion will be denied. The parties need not appear on 6/28/10, the date set for presentment of the Motion to Compel. A status will be held on 6/30/10 at 9:15 a.m. Mailed notice (cdh, ) |
Filing 311 NOTICE of Motion by James Patrick Bradley for presentment of Sealed motion, #310 before Honorable Jeffrey Cole on 6/28/2010 at 08:30 AM. (Bradley, James) |
Filing 310 SEALED MOTION by Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. Motion to Compel Interrogatory Responses (Attachments: # 1 Declaration - Kelley Conaty Declaration with Exhibits A-O, # 2 Text of Proposed Order)(Bradley, James) (Additional attachment(s) added on 7/1/2010: #3 Main Document).(Removed per Court order dated 6/30/10) Modified on 7/1/2010 (ea, ). |
Filing 309 NOTICE of Motion by James Patrick Bradley for presentment of motion for order #308 before Honorable James F. Holderman on 6/22/2010 at 09:00 AM. (Bradley, James) |
Filing 308 MOTION by Plaintiff Tellabs Operation, Inc., Counter Defendant Tellabs, Inc. for order To Remove Docket Entry (Attachments: #1 Text of Proposed Order On Motion to Remove Docket Entry)(Bradley, James) |
Filing 307 MOTION by counsel for Plaintiff Tellabs Operation, Inc. to withdraw as attorney (Bianco, Brian) |
Filing 306 NOTICE of Motion by James Patrick Bradley for presentment of Sealed motion, #305 before Honorable James F. Holderman on 6/22/2010 at 09:00 AM. (Bradley, James) |
Filing 305 SEALED MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Motion and Memorandum of Law in Support of Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 (Attachments: #1 Exhibit A - Leftwich Declaration with Exhibits 1-5, #2 Exhibit B - Singer Declaration with Exhibits A-B, #3 Text of Proposed Order)(Bradley, James) |
Filing 304 SEALED DOCUMENT by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Statement of Material Facts Supporting Tellabs' Motion for Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 Filing Pursuant to LR 56.1(a)(3) (Bradley, James) |
Filing 303 SEALED DOCUMENT by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. Motion and Memorandum of Law in Support of Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 (Attachments: # 1 Exhibit A - Leftwich Declaration with Exhibits 1-5, # 2 Exhibit B - Singer Declaration with Exhibits A-B, # 3 Text of Proposed Order)(Bradley, James) (ea, ).(Removed Per Court Order dated 6/22/10) Modified on 6/25/2010 (ea, ). |
Filing 302 NOTICE of Motion by James Patrick Bradley for presentment of motion for leave to file excess pages, #301 before Honorable James F. Holderman on 6/22/2010 at 09:00 AM. (Bradley, James) |
Filing 301 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. for leave to file excess pages regarding Motion for Summary Judgment of Invalidity Based on Indefiniteness of All Claims of U.S. Patent 5,533,006 (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 300 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. (Exhibit B-18) regarding other,, #298 (Van Dyke, David) |
Filing 299 SEALED EXHIBIT by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. (Exhibit 5) regarding other,, #298 (Van Dyke, David) |
Filing 298 Fujitsu Limited's and Fujitsu Network Communications, Inc.'s Opening Claim Construction Brief Addressing Claim Terms of Tellabs' Patent No. 7,369,772 by Fujitsu Limited, Fujitsu Network Communications, Inc. (Attachments: #1 Exhibit A-1 through A-4, #2 Exhibit A-5 and B-1 through B-4, #3 Exhibit B-5 through B-10, #4 Exhibit B-11, #5 Exhibit B-12 through B-14, #6 Exhibit B-15, #7 Exhibit B-15 (con't) through B-19, #8 Exhibit B-20 through B-25, #9 Exhibit C)(Van Dyke, David) |
Filing 297 NOTICE of Motion by David C. Van Dyke for presentment of motion for leave to file excess pages #293 before Honorable James F. Holderman on 6/22/2010 at 09:00 AM. (Van Dyke, David) |
Filing 296 SEALED DOCUMENT by Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. Opening Brief on Claim Construction (Attachments: #1 Declaration of Kelley Conaty with Exhibits 1 to 15, #2 Declaration of Andrew C. Singer with Exhibits A & B regarding "0006 Patent, #3 Declaration of Andrew C. Singer regarding Patent No. 5,386,418, #4 Declaration of Kenneth J. Rudofski with Exhibit 1, #5 Declaration of A. Bruce Buckman)(Bradley, James) |
Filing 295 NOTICE of Motion by James Patrick Bradley for presentment of motion for leave to file excess pages #294 before Honorable James F. Holderman on 6/22/2010 at 09:00 AM. (Bradley, James) |
Filing 294 MOTION by Counter Defendants Tellabs North America, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. for leave to file excess pages regarding Opening Brief on Claim Construction (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 293 MOTION by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file excess pages (Van Dyke, David) |
Filing 292 APPENDIX (LPR 4.2(B) Joint Appendix Containing Patents in Dispute and Prosecution Histories) (Attachments: #1 Appendix - Part 2, #2 Appendix - Part 3, #3 Appendix - Part 4, #4 Appendix - Part 5, #5 Appendix - Part 6, #6 Appendix - Part 7, #7 Appendix - Part 8, #8 Appendix - Part 9, #9 Appendix - Part 10, #10 Appendix - Part 11)(Bradley, James) |
Filing 291 MINUTE entry before Honorable James F. Holderman: Status hearing held on 5/25/2010 and is continued for 8/31/2010 at 9:00 AM. Mailed notice (am) |
Filing 290 MINUTE entry before Honorable James F. Holderman:Status hearing held on 3/30/2010 and is continued for 5/25/2010 at 9:00 AM to discuss claim terms. Mailed notice (am) |
Filing 289 MINUTE entry before Honorable Jeffrey Cole:Status hearing held. Parties are to contact the court to schedule the next status hearing, after the next status before Judge Holderman.Mailed notice (tlp, ) |
Filing 288 Joint Report Concerning Markman Schedule by Fujitsu Limited, Fujitsu Network Communications, Inc. (Van Dyke, David) |
Filing 287 TRANSCRIPT OF PROCEEDINGS held on 02/23/10 before the Honorable James F. Holderman. Tutorial, Vol.3, Pages 294-511. Court Reporter Contact Information: Colleen Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/16/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/24/2010. (Conway, Colleen) |
Filing 286 TRANSCRIPT OF PROCEEDINGS held on 02/22/10 before the Honorable James F. Holderman. Tutorial, Vol.2, Pages 173-293 (sealed portion not included). Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/16/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/24/2010. (Conway, Colleen) |
Filing 285 MINUTE entry before Honorable Jeffrey Cole: Status hearing held and continued to March 30, 2010 at 9:30 a.m. following the status hearing before Judge Holderman. Mailed notice (ea, ) |
Filing 284 MINUTE entry before Honorable James F. Holderman: Defendants' motion for leave to file application for letter of request for International Judicial Assistance pursuant to The Hague Convention on the taking of evidence abroad in civil or commercial matters to compel evidence from Ornan Gerstel in Isreal #281 is granted. Mailed notice (am) |
LETTERS of Rogatory issued as to Ornan Gerstel. (ea, ) |
Filing 283 Letter to Honorable Chief Judge Holderman by Fujitsu Limited, Fujitsu Network Communications, Inc. enclosing the First Edition of Dr. Ramaswami's book entitled "Optical Networks: A Practical Perspective" per the Court's request during the Technology Tutorial held on February 22-23, 2010 (Van Dyke, David) |
Filing 282 Notice of Motion for Leave to File Application for Letter of Request NOTICE of Motion by Ann Marie Meckstroth for presentment of motion for miscellaneous relief,, #281 before Honorable James F. Holderman on 3/4/2010 at 09:00 AM. (Meckstroth, Ann) |
Filing 281 MOTION by Counter Defendant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc., Counter Claimant Fujitsu Network Communications, Inc.Leave to File Application for Letter of Request for International Judicial Assistance Pursuant to the Hague Convention to Compel Evidence from Ornan Gerstel in Israel (Attachments: #1 Exhibit Application for Letter of Request for International Judicial Assistance Pursuant to Hague Convention to Compel Evidence from Ornan Gerstel in Israel, #2 Exhibit Letter of Request for Judicial Assistance Pursuant to Hague Convention)(Meckstroth, Ann) |
Filing 280 MINUTE entry before Honorable James F. Holderman:Technology tutorial held on 2/23/2010. Status hearing set for 3/30/2010 at 9:00 AM. Mailed notice (am) |
Filing 279 MINUTE entry before Honorable James F. Holderman: Technology tutorial held on 2/22/2010 and is continued to 2/23/2010 at 10:00 AM. Mailed notice (am) |
Filing 278 SEALED DOCUMENT by Counter Defendant Fujitsu Limited, Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. as utilized by Fujitsu during the Technology Tutorial on February 22, 2010 (Van Dyke, David) |
Filing 277 AMENDED other #265 Corrected Page 48 of E-Filed Document No. 265 (Willner, Optical Amplifier Patents '163, '737, and '681) for Technology Tutorial on February 22 and 23, 2010 (Van Dyke, David) |
Filing 276 Excerpts by Fujitsu Limited, Fujitsu Network Communications, Inc. from Rajiv Ramaswami Textbooks (First and Second Editions) as utilized by Fujitsu during the Technology Tutorial on February 22, 2010 (Van Dyke, David) |
Filing 275 Letter by Fujitsu Limited, Fujitsu Network Communications, Inc. to Honorable Chief Judge Holderman and Magistrate Judge Cole enclosing courtesy copies of Doc. Nos. 262, 263, 265, 179 (pages 1-75) and 201-2 (pages 3-4) (Van Dyke, David) |
Filing 274 Letter to Honorable Magistrate Judge Jeffrey Cole by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. related to Doc. nos. 266, 267, 268, 269, 270 and 271 (Dodd, Mark) |
Filing 273 Letter to Honorable Judge James F. Holderman by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. related to Doc. nos. 266, 267, 268, 269, 270 and 271 (Dodd, Mark) |
Filing 272 Letter to Honorable Magistrate Judge Jeffrey Cole by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. related to Doc. no. 264 (Dodd, Mark) |
Filing 271 Technology Presentation (Tutorial) for the '772 Patent by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 270 Technology Presentation (Tutorial) for the '737 Patent by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 269 Technology Presentation (Tutorial) for the '618 Patent by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 268 Technology Presentation (Tutorial) for the '418 Patent by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 267 Technology Presentation (Tutorial) for the '163 Patent by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 266 Technology Presentation (Tutorial) for the '006 Patent by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 265 Tutorial Presentation Materials by Fujitsu Limited, Fujitsu Network Communications, Inc. Fujitsu Tutorial Materials for '163, '737, and '681 Patents (Van Dyke, David) |
Filing 264 Letter to Honorable Judge James F. Holderman with Exhibit List and Exhibits A & B by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. (Dodd, Mark) |
Filing 263 Tutorial Presentation Materials by Fujitsu Limited, Fujitsu Network Communications, Inc. John Eaves General Tutorial on Fields of Technology for the '006 and '418 Patents and Related Claim Terms (Van Dyke, David) |
Filing 262 Tutorial Presentation Materials by Fujitsu Limited, Fujitsu Network Communications, Inc. Alan E. Willner's Review of Fujitsu's Tutorial and Claim Construction for the '772 Patent (Van Dyke, David) |
Filing 261 RESPONSE by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc., Counter Claimants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc., Plaintiff Tellabs Operation, Inc. re #258 Motion by Counter Defendant Fujitsu Limited, Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to withdraw motion to compel (Bradley, James) |
Filing 260 MINUTE entry before Honorable Jeffrey Cole:Fujitsu Limited's and Fujitsu Network Communications, Inc.'s Motion to Withdraw without prejudice their Motion to Compel Responses to Fujitsu's Second set of Interrogatories (Nos.2-3 in Civil Action 09cv4530) is granted. No appearance is necessary on Friday, 2/5/2010. Status hearing is set for 3/4/2010 at 8:30 a.m. Mailed notice (cdh, ) Modified on 2/4/2010 (cdh, ). |
Filing 259 NOTICE of Motion by David C. Van Dyke for presentment of motion to withdraw, motion for relief #258 before Honorable Jeffrey Cole on 2/5/2010 at 08:30 AM. (Van Dyke, David) |
Filing 258 MOTION by Counter Defendant Fujitsu Limited, Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to withdraw motion to compel, #247 (Van Dyke, David) |
Filing 257 EXHIBIT by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. EXHIBIT LIST AND EXHIBITS 17-18 REGARDING SEALED SUPPLEMENTAL RESPONSE regarding MOTION by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel Responses to Fujitsu's Second Set of Interrogatories #247 (Bradley, James) |
Filing 256 SEALED RESPONSE by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. to MOTION by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel Responses to Fujitsu's Second Set of Interrogatories #247 SUPPLEMENTAL RESPONSE TO MOTION TO COMPEL (Attachments: #1 Exhibit 16, 19, #2 Text of Proposed Order)(Bradley, James) |
Filing 255 MINUTE entry before Honorable Jeffrey Cole:Motion to continue the hearing until 2/5/2010 at 8:30 a.m. #253 is granted. If the supplemental responses moot the motion the Court requests that Fujitsu's Counsel promptly inform the Court so that the 2/5/2010 hearing date can be canceled. Mailed notice (cdh, ) |
Filing 254 NOTICE of Motion by David C. Van Dyke for presentment of motion to continue, #253 before Honorable Jeffrey Cole on 2/1/2010 at 08:30 AM. (Van Dyke, David) |
Filing 253 MOTION by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to continue hearing on their Motion to Compel Responses to Fujitsu's Second Set of Interrogatories (Nos. 2-3 in Civil Action 1:09-CV-04530) (Attachments: #1 Exhibit 1 (Transcript) and 2 (E-Mail))(Van Dyke, David) |
Filing 252 MINUTE entry before Honorable Jeffrey Cole:Motion hearing held. Fujitsu Limited's and Fujitsu Network Communications, Inc.'s Motion to Compel Responses to Fujitsu's Second Set of Interrogatories (Nos. 2-3 in Civil Action 1:09-CV-04530) #247 is entered and continued to 2/1/2010at 8:30 a.m. Mailed notice (cdh, ) |
Filing 251 EXHIBIT by Counter Defendants Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. List and Exhibits 1 to 13 regarding sealed response, #250 (Bradley, James) |
Filing 250 SEALED RESPONSE by Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, Inc. to MOTION by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel Responses to Fujitsu's Second Set of Interrogatories #247 (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 249 SEALED DOCUMENT by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit I to Fujitsu's Motion to Compel (Doc. #247) (Van Dyke, David) |
Filing 248 NOTICE of Motion by David C. Van Dyke for presentment of motion to compel, #247 before Honorable Jeffrey Cole on 1/15/2010 at 08:30 AM. (Van Dyke, David) |
Filing 247 MOTION by Counter Defendant Fujitsu Limited, Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel Responses to Fujitsu's Second Set of Interrogatories (Nos. 2-3 in Civil Action 1:09-CV-04530) (Attachments: #1 Exhibit A - K (Exhibit I is filed separately under seal))(Van Dyke, David) |
Filing 246 Notice of Ex Parte and Inter Partes Reexamination Requests of the '772 patent by Fujitsu Limited, Fujitsu Network Communications, Inc. (Van Dyke, David) |
Filing 245 MINUTE entry before Honorable Jeffrey Cole:Fujitsu Limited and Fujitsu Network Communications, Inc.'s Amended Motion for Leave to File Amended Motion for Leave to File Amended Application for Amended Letter of Request for International Judicial Assistance Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters to Compel Evidence from Red-C Optical Networks, Limited in Israel #243 is granted without objections by Tellabs Operations, Inc. Defendant's Motion for Leave to File #240 is moot since it was replaced by the Amended Motion #243. No appearance is necessary on 12/16/09. Mailed notice (cdh, ) |
Filing 244 NOTICE of Motion by Trisha K Tesmer for presentment of motion for leave to file,,,, #243 before Honorable Jeffrey Cole on 12/16/2009 at 09:15 AM. (Tesmer, Trisha) |
Filing 243 MOTION by Counter Claimants Fujitsu Limited, Fujitsu Network Communications, Inc., Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file Amended Motion for Leave to File Amended Application for Amended Letter of Request for International Judicial Assistance Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters to Compel Evidence from Red-C Optical Networks, Limited in Israel (Attachments: #1 Amended Application for Amended Letter of Request for International Judicial Assistance Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters to Compel Evidence from Red-C Optical Networks, Limited in Israel, #2 Amended Letter of Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters by the United States District Court for the Northern District of Illinois)(Tesmer, Trisha) |
Filing 242 ATTORNEY Appearance for Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. by Trisha K Tesmer (Tesmer, Trisha) |
Filing 241 NOTICE of Motion by Trisha K Tesmer for presentment of motion for leave to file,,, #240 before Honorable Jeffrey Cole on 12/16/2009 at 09:15 AM. (Tesmer, Trisha) |
Filing 240 MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file Application for Letter of Request for International Judicial Assistance Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters to Compel Evidence From Red-C Optical Networks, Limited in Israel (Attachments: #1 Application for Letter of Request for International Judicial Assistance Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters to Compel Evidence from Red-C Optical Networks, Limited in Israel, #2 Letter of Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters by the United States District Court for the Northern District of Illinois)(Tesmer, Trisha) |
Filing 239 NOTICE of Correction regarding entry no. 238. Document entered in error. Document will be re-filed by counsel. (cdy, ) |
Filing 238 DOCUMENT entered in error (Tesmer, Trisha) . Modified on 12/4/2009 (cdy, ). |
Filing 237 MINUTE entry before the Honorable Jeffrey Cole: By agreement of the parties, the motion to compel #232 is withdrawn without prejudice. Motion hearing date of 12/3/09 is stricken. Mailed notice (lcw, ) |
Filing 236 ATTORNEY Appearance for Counter Defendants Tellabs, Inc., Tellabs North America, Inc., Plaintiff Tellabs Operation, Inc. by Jamie L Secord (Secord, Jamie) |
Filing 235 TRANSCRIPT OF PROCEEDINGS held on 09/29/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/10/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/17/2010. (Conway, Colleen) |
Filing 234 TRANSCRIPT OF PROCEEDINGS held on 09/23/09 before the Honorable James F. Holderman. Vol. 1, Tutorial, Pages 1-171. Court Reporter Contact Information: Colleen Conway@312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/10/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/17/2010. (Conway, Colleen) |
Filing 233 NOTICE of Motion by David C. Van Dyke for presentment of motion to compel #232 before Honorable Jeffrey Cole on 12/3/2009 at 08:30 AM. (Van Dyke, David) |
Filing 232 MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel Depositions (Attachments: #1 Exhibit Exhibits A - L)(Van Dyke, David) |
Filing 231 TRANSCRIPT OF PROCEEDINGS held on 10/28/2009 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Pamela S. Warren, 312.294.8907. pswcsr@aol.com. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (Warren, Pamela) |
Filing 230 MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Fijitsu's Motion to Compel Production of Invoices #223 is granted. The material requested are to be produced in a reasonable amount of time and on a rolling basis. Mailed notice (cdh, ) |
Filing 229 MINUTE entry before the Honorable Jeffrey Cole:Hearing on Fujitsu Network Communication's Motion to Compel #223 set for 10/27/09 at 9:30 a.m. is canceled and reset to Wednesday, 10/28/09 at 8:30 a.m. Mailed and telephoned. (cdh, ) |
Filing 228 SEALED RESPONSE by Tellabs, Inc., Tellabs Operation, Inc., Tellabs North America, Inc. to MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel production of invoices #223 (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 A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Text of Proposed Order)(Bradley, James) |
Filing 227 REPLY by Fujitsu Limited, Fujitsu Network Communications, Inc. to MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel production of invoices #223 , Response #226 to Motion to Compel (Attachments: #1 Exhibit A)(Van Dyke, David) |
Filing 226 RESPONSE by Counter Defendants Tellabs, Inc., Tellabs North America, Inc., Plaintiff Tellabs Operation, Inc. to notice of motion #224 (Attachments: #1 Text of Proposed Order)(Bradley, James) |
Filing 225 SEALED EXHIBIT by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Sealed Exhibit 6 regarding MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel production of invoices #223 (Van Dyke, David) |
Filing 224 NOTICE of Motion by David C. Van Dyke for presentment of motion to compel, #223 before Honorable Jeffrey Cole on 10/27/2009 at 09:30 AM. (Van Dyke, David) |
Filing 223 MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel production of invoices (Attachments: #1 Exhibit 1, 2, 3, 4, 5 and 6 (Exhibit 6 is being filed separately under seal))(Van Dyke, David) |
Filing 222 MINUTE entry before the Honorable Jeffrey Cole:Status hearing set for 10/27/09 is stricken. Mailed notice (cdh, ) |
Filing 221 TRANSCRIPT OF PROCEEDINGS held on September 15, 2009, before the Honorable Jeffrey Cole. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/22/2009. Redacted Transcript Deadline set for 11/2/2009. Release of Transcript Restriction set for 12/30/2009. (Lacien, Laura) |
Filing 220 MINUTE entry before the Honorable James F. Holderman: Status hearing held on 9/29/2009. By agreement of the parties, technology tutorial is continued for 2/22/2010 at 9:00 AM and for 2/23/2010 at 10:00 AM. Hearing dates of 10/6/2009 and 11/10/2009 are stricken. Mailed notice (am) |
Filing 219 MINUTE entry before the Honorable James F. Holderman: Status hearing set for 9/29/2009 at 9:00 AM. Mailed notice (am) |
Filing 218 Technology Presentation (Tutorial) by Tellabs Operation, Inc. for the '418 Patent (Bianco, Brian) |
Filing 217 Technology Presentation (Tutorial) by Tellabs Operation, Inc. for the '163 Patent (Bianco, Brian) |
Filing 216 Technology Presentation (Tutorial) by Tellabs Operation, Inc. for the '737 Patent (Bianco, Brian) |
Filing 215 Technology Presentation (Tutorial) by Tellabs Operation, Inc. for the '681 Patent (Bianco, Brian) |
Filing 214 Technology Presentation (Tutorial) by Tellabs Operation, Inc. for the '006 Patent (Bianco, Brian) |
Filing 213 Technology Presentation (Tutorial) by Tellabs Operation, Inc. for the '772 Patent (Bianco, Brian) |
Filing 212 Technology Presentation (Tutorial) by Tellabs Operation, Inc. OVERVIEW (Bianco, Brian) |
Filing 211 MINUTE entry before the Honorable James F. Holderman:Tellabs Operations, Inc.s (Tellabs) motion for an extension of time to move for reconsideration of District Court Judge Elaine Bucklos order denying Tellabs motion to compel and for sanctions (Case No. 09-4530, Dkt. No. 143) is granted. The deadline for filing Tellabs motion for reconsideration of Judge Bucklos ruling on the privilege log is extended to October 8, 2009. Mailed notice (ef, ) |
Filing 210 MINUTE entry before the Honorable James F. Holderman: Technology tutorial held and continued to October 19, 2009 at 9:00 a.m. Counsel are to apprise the court's courtroom deputy, Alyce Mobley-Morris, of their availability by September 25, 2009. If counsel are not available, status is set for September 29, 2009 at 9:00 a.m. to discuss scheduling. Mailed notice (am) |
Filing 209 AMENDED other #204 Corrected Page 34 of E-Filed Document No. 204 (Dr. Willner, Optical Communications Tutorial) (Van Dyke, David) |
Filing 208 Letter To Judge Holderman Dated 9/21/2009 Re: Technology Tutorial by Tellabs Operation, Inc. (Bianco, Brian) |
Filing 207 Letter To Judge Cole Dated 9/21/2009 Re: Technology Tutorial by Tellabs Operation, Inc. (Bianco, Brian) |
Filing 206 TRANSCRIPT OF PROCEEDINGS held on 09/15/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/13/2009. Redacted Transcript Deadline set for 10/22/2009. Release of Transcript Restriction set for 12/21/2009. (Conway, Colleen) |
Filing 205 TRANSCRIPT OF PROCEEDINGS held on 08/27/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/13/2009. Redacted Transcript Deadline set for 10/22/2009. Release of Transcript Restriction set for 12/21/2009. (Conway, Colleen) |
Filing 204 Dr. Willner, Optical Communications Tutorial by Fujitsu Limited, Fujitsu Network Communications, Inc. (Meckstroth, Ann) |
Filing 203 Dr. Eaves, General Tutorial on Fields of Technology for the 006 and 418 Patents and Related Claim Terms by Fujitsu Limited, Fujitsu Network Communications, Inc. (Meckstroth, Ann) |
Filing 202 MINUTE entry before the Honorable James F. Holderman:Fujitsu Limited and Fujitsu Network Communications, Inc.s motion to consolidate case number 09 C 4530 for all purposes, including trial #192 is granted for discovery purposes only. Tutorial materials will be submitted by the end of the day on Monday, September 21, 2009. Mailed notice (ef, ) |
Filing 201 Fujitsu's Letter to Judge Holderman re: Dr. Eaves by Fujitsu Limited, Fujitsu Network Communications, Inc. (Attachments: #1 Exhibit Exhibits to Letter to Judge Holderman)(Meckstroth, Ann) |
Filing 200 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued Tuesday, 10/27/2009 at 9:00 a.m. Mailed notice (cdh, ) |
Filing 199 REPLY by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to motion to consolidate cases #192 in Support of their Motion to Consolidate for All Purposes, Including Trial (Attachments: #1 Exhibit A (Part I), #2 Exhibit A (Part II), #3 Exhibit B, #4 Exhibit C (Part I), #5 Exhibit C (Part II), #6 Exhibit D, #7 Exhibit E)(Van Dyke, David) |
Filing 198 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to 9/15/09 at 9:30 a.m. Defendants' oral motion to withdraw without prejudice Defendants' Motion to Compel and Answer to Interrogatory No. 5 [#155] is granted. The parties are reminded of the Minute Order of 7/21/09. Mailed notice (cdh, ) |
Filing 197 Letter to Judge Holderman by Tellabs Operation, Inc. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B - Part 1, #4 Exhibit B - Part 2)(Bianco, Brian) |
Filing 196 Re- NOTICE of Motion by David C. Van Dyke for presentment of motion to consolidate cases #192 before Honorable James F. Holderman on 9/15/2009 at 09:00 AM. (Van Dyke, David) |
Filing 195 RESPONSE by Tellabs, Inc., Tellabs Operation, Inc., Tellabs North America, Inc. to MOTION by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to consolidate cases for all purposes, including trial #192 (Attachments: #1 Text of Proposed Order)(Bianco, Brian) |
Filing 194 Re- NOTICE of Motion by Joseph A. Panatera for presentment of motion to consolidate cases #192 before Honorable James F. Holderman on 9/15/2009 at 09:00 AM. (Panatera, Joseph) |
Filing 193 NOTICE of Motion by Joseph A. Panatera for presentment of motion to consolidate cases #192 before Honorable James F. Holderman on 9/10/2009 at 09:00 AM. (Panatera, Joseph) |
Filing 192 MOTION by Counter Claimant Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to consolidate cases for all purposes, including trial (Attachments: #1 Exhibit A, B and C)(Panatera, Joseph) |
Filing 191 MINUTE entry before the Honorable James F. Holderman: Status hearing held on 8/27/2009. Tutorial hearing set for 9/23/2009 at 10:00 AM. Parties' to exchange tutorial personnel's materials by 9/16/2009. Mailed notice (am) |
Filing 190 MINUTE entry before the Honorable Jeffrey Cole:ORAL MOTION by the parties' to reset the status hearing of 8/18/09 to 9/10/09 at 9:30 a.m. is granted. Mailed notice (cdh, ) |
ORAL MOTION by the parties' to reset the status hearing of 8/18/09 to 9/10/09 at 9:30 a.m. (cdh, ) |
Filing 189 MINUTE entry before the Honorable James F. Holderman:The Status hearing set for 8/18/09, before J. Holderman, is reset to 8/27/2009 at 09:00 AM.Judicial staff mailed notice (gl, ) |
Filing 188 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to 8/18/09 at 8:30 a.m. Oral arguments set for August 20, 2009 is stricken. Defendants' Agreed Motion to Stay Their Motion to Compel an Answer Io interrogatory no. 5 #184 is granted. Mailed notice (cdh, ) |
Filing 187 MINUTE entry before the Honorable Jeffrey Cole:Oral motion by plaintiff to reset the motion to stay #184 of 8/7/09 at 8:30 a.m. to 8/7/09 at 11:00 a.m. is granted. Mailed notice (cdh, ) |
ORAL MOTION by Plaintiff to reset the motion hearing of 8/7/09 at 8:30 a.m. to 8/7/09 at 11:00 a.m. (cdh, ) |
Filing 186 TRANSCRIPT OF PROCEEDINGS held on 07/21/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/26/2009. Redacted Transcript Deadline set for 9/8/2009. Release of Transcript Restriction set for 11/3/2009. (Conway, Colleen) |
Filing 185 NOTICE of Motion by Ann Marie Meckstroth for presentment of motion to stay #184 before Honorable Jeffrey Cole on 8/7/2009 at 08:30 AM. (Meckstroth, Ann) |
Filing 184 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to stay their motion to compel an answer to interrogatory no. 5 (agreed) (Meckstroth, Ann) |
Filing 183 STATUS Report on Motions That Were Pending in the Transferred Case, and Attaching Copy of Docket Sheet for that Case by Fujitsu Limited (Panatera, Joseph) |
Filing 182 Letter Regarding Tellabs' Technology Tutorial Materials as Required by 7-21-2009 Order by Tellabs Operation, Inc. (Bianco, Brian) |
Filing 181 ATTORNEY Appearance for Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. by Joseph A. Panatera (Panatera, Joseph) |
Filing 180 Prosecution History for the '163, '737, '418, and '686 patents by Fujitsu Limited, Fujitsu Network Communications, Inc. Bates 998-1114 (Attachments: #1 Exhibit Prosecution History Bates 1115-1237, #2 Exhibit Prosecution History Bates 1238-1357, #3 Exhibit Prosecution History Bates 1358-1469, #4 Exhibit Prosecution History Bates 1544-1669, #5 Exhibit Prosecution History Bates 1670-1792, #6 Exhibit Prosecution History Bates 1793-1921, #7 Exhibit Prosecution History Bates 1922-2048, #8 Exhibit Prosecution History Bates 2049-2173, #9 Exhibit Prosecution History Bates 2174-2299, #10 Exhibit Prosecution History Bates 2300-2418, #11 Exhibit Prosecution History Bates 2419-2535, #12 Exhibit Prosecution History Bates 2536-2655, #13 Exhibit Prosecution History Bates 2656-2763, #14 Exhibit Prosecution History Bates 2764-2870, #15 Exhibit Prosecution History Bates 2871-2990, #16 Exhibit Prosecution History Bates 2991-3088, #17 Exhibit Prosecution History Bates 3089-3180, #18 Exhibit Prosecution History Bates 3181-3282, #19 Exhibit Prosecution History Bates 3283-3367, #20 Exhibit Prosecution History Bates 3368-3487, #21 Exhibit Prosecution History Bates 3488-3609, #22 Exhibit Prosecution History Bates 3610-3730, #23 Exhibit Prosecution History Bates 3731-3855, #24 Exhibit Prosecution History Bates 3856-3976, #25 Exhibit Prosecution History Bates 6468-6536, #26 Exhibit Prosecution History Bates 6537-6591)(Meckstroth, Ann) |
Filing 179 Dr. Alan Willner: curriculum vitae and three relevant publications by Fujitsu Limited, Fujitsu Network Communications, Inc. (Attachments: #1 Supplement Handbook of Photonics, #2 Supplement Passive Equalization of Non-Uniform EDFA Gain by Optical Filtering for Megameter Transmission of 20 WDM Channels through a Cascade of EDFA's, #3 Supplement Transmission Penalties due to EDFA Gain Transients in Add/Drop Multiplexed WDM Networks)(Meckstroth, Ann) |
Filing 178 SEALED RESPONSE by Tellabs Operation, Inc., Tellabs, Inc., Tellabs North America, Inc. to MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel an Answer to Interrogatory No. 5 #155 (Attachments: #1 Declaration of Kristoffer Leftwich, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(Bradley, James) |
Filing 175 Letter of Brian C. Bianco dated July 21, 2009 by Tellabs Operation, Inc. (Bianco, Brian) |
Filing 177 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held. Status hearing and oral arguments set for Monday, July 27, 2009 at 9:30 a.m. are stricken. Status hearing is reset to August 18, at 9:30 a.m. at which time a date for oral arguments on Defendants Motion to Compel an Answer to Interrogatory #155 shall be set. In the event of future discovery disputes, strict compliance with Local Rule 37.2 will be required. The Certificate of Compliance shall comply precisely with the Rule and shall reflect the items discussed, on an item-by-item basis, stating what was discussed and the response from each party, regarding the particular item, including any concessions offered by a party and an explanation of why that concession was rejected. See Autotech Technologies Ltd. Partnership v. Automation Direct.com., 2007 W.L. 2736681 (N.D. Ill 2007). Further, all future discovery disputes will be considered against the backdrop of Judge Easterbrooks panel opinion in Rickles v City of South Bend, Indiana, 33 F.3d 785, 786 (7th Cir. 1994) (The great operative principle of Rule 37(a)(4) is that the loser pays. Charles Alan Wright & Arthur R. Miller, 8 Federal Practice and Procedure 2288 at 787 (1970). Fee shifting, when the judge must rule on discovery disputes, encourages their voluntary resolution and curtails the ability of litigants to use the legal process to heap detriments on adversaries without regard to the merits of the claim.). Finally, the parties are reminded of Local Rule 5.2(d), which requires that courtesy copies of all filings must be delivered to chambers, and any attached exhibits must be separated by protruding tabs. Failure to provide Chambers with an appropriate courtesy copy may result in the motion, response or reply being stricken. Rule 5.2(e). Mailed notice (ef, ) |
Filing 176 MINUTE entry before the Honorable James F. Holderman: Status hearing held on 7/21/2009 and is continued for 8/18/2009 at 9:00 AM. Counsel to provide the materials discussed in open court by 7/31/2009. Mailed notice (am) |
Filing 174 MINUTE entry before the Honorable Jeffrey Cole:Status hearing and oral arguments on defendants' motion to compel #155 set for Tuesday, July 21, 2009 is reset to Monday, July 27, 2009 at 9:30 a.m. Mailed notice (cdh, ) |
Filing 173 Letter by Tellabs Operation, Inc. DATED July 14, 2009 BY JAMES P. BRADLEY (Bradley, James) |
Filing 172 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit C12 to Document #166 (filed under seal) regarding other, #166 (Van Dyke, David) |
Filing 171 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit C to Document #166 (filed under seal) regarding other, #166 (Van Dyke, David) |
Filing 170 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibits B5 and B7 to Document #166 (filed under seal) regarding other, #166 (Van Dyke, David) |
Filing 169 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit B to Document #166 (filed under seal) regarding other, #166 (Van Dyke, David) |
Filing 168 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit A1 to Document #166 (filed under seal) regarding other, #166 (Van Dyke, David) |
Filing 167 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. Exhibit A to Document #166 (filed under seal) regarding other, #166 (Van Dyke, David) |
Filing 166 Preliminary Identification of Extrinsic Evidence for Claim Construction by Fujitsu Limited, Fujitsu Network Communications, Inc. (Attachments: #1 Exhibit Exhibits A - A4, #2 Exhibit Exhibits A5 - A7, #3 Exhibit Exhibits B - B7, #4 Exhibit Exhibits C - C2, #5 Exhibit Exhibits C3 - C15, #6 Exhibit Exhibits C16 - C21, D, #7 Exhibit Exhibit E)(Van Dyke, David) |
Filing 165 TRANSCRIPT OF PROCEEDINGS held on 06/23/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/31/2009. Redacted Transcript Deadline set for 8/10/2009. Release of Transcript Restriction set for 10/8/2009. (Conway, Colleen) |
Filing 164 MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Defendants emergency motion for this court to issue a letter of request for deposition of Orman Gerstel #162 is granted. (For further details see separate order.) Mailed notice (ef, ) |
Filing 163 Emergency NOTICE of Motion by Ann Marie Meckstroth for presentment of motion for discovery, #162 before Honorable Jeffrey Cole on 7/8/2009 at 11:00 AM. (Meckstroth, Ann) |
Filing 162 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for discovery for this Court to issue a letter of request for the deposition of Ornan Gerstel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Meckstroth, Ann) |
Filing 161 MINUTE entry before the Honorable James F. Holderman: I wish to inform counsel that District Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas telephoned me today and we discussed the issue of the request to transfer the litigation pending before Judge Davis to the Northern District of Illinois. Mailed notice (am) |
Filing 160 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to July 21, 2009 at 9:30 a.m. following the status hearing before Judge Holderman. Motion hearing held. Plaintiffs response to Fujitsu Limiteds and Fujitsu Network Communications, Inc.s Motion to Compel an Answer to Interrogatory No.5 #155 shall be due July 23, 2009; Reply shall be due three weeks from the date of the filing of the plaintiffs response. Oral arguments on defendants motion to compel #155 shall be heard on August 20, 2009 at 9:00 a.m. Mailed notice (ef, ) |
Filing 159 MINUTE entry before the Honorable James F. Holderman: Status hearing held on 6/23/2009 and is continued for 7/21/2009 at 9:00 AM. Parties are to submit their joint compact disc on terminology by 7/14/2009. Mailed notice (am) |
Filing 158 MINUTE entry before the Honorable Jeffrey Cole:No appearance is necessary on June 25, 2009. Mailed notice (cdh, ) |
Filing 157 SEALED EXHIBIT by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. (Exhibits 3 and 4 to Motion to Compel an Answer to Interrogatory No. 5) regarding MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel an Answer to Interrogatory No. 5 #155 (Van Dyke, David) |
Filing 156 Defendants' NOTICE of Motion by David C. Van Dyke for presentment of motion to compel #155 before Honorable Jeffrey Cole on 6/25/2009 at 08:30 AM. (Van Dyke, David) |
Filing 155 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. to compel an Answer to Interrogatory No. 5 (Attachments: #1 Exhibit 1, #2 Exhibit 2 - 4)(Van Dyke, David) |
Filing 154 SEALED EXHIBIT by Counter Defendants Tellabs, Inc., Tellabs North America, Inc., Plaintiff Tellabs Operation, Inc. Sealed Exhibits related to Submission of Extrinsic Evidence for Claim Construction regarding other, #153 (Bianco, Brian) |
Filing 153 Submission of Extrinsic Evidence for Claim Construction by Tellabs, Inc., Tellabs Operation, Inc., Tellabs North America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit A1 & A2, #3 Exhibit A3 to A5, #4 Exhibit A6 to A8, #5 Exhibit A9 to A11, #6 Exhibit A12 to A14, #7 Exhibit A15, #8 Exhibit A16, #9 Exhibit A17, #10 Exhibit A18 to A19, #11 Exhibit A20, #12 Exhibit B, B1 to B5, #13 Exhibit C, C1 to C8)(Bianco, Brian) |
Filing 151 TRANSCRIPT OF PROCEEDINGS held on June 2, 2009 before the Honorable James F. Holderman. Court Reporter Contact Information: Carolyn Cox, 312-435-5639, carolyn_cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/24/2009. Redacted Transcript Deadline set for 7/6/2009. Release of Transcript Restriction set for 9/1/2009. (Cox, Carolyn) |
Filing 152 MINUTE entry before the Honorable James F. Holderman: Plaintiff Tellabs Operation, Inc.'s motion for leave to file its First Supplemental Disclosure of Asserted Claims and Infringement Contentions #148 is granted; counsel to submit literature by 6/16/2009. Status hearing held on 6/2/2009 and is continued for 6/23/2009 at 9:00 AM. Mailed notice (am) |
Filing 150 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to 6/23/2009 at 9:30 a.m. following the status hearing before Judge Holderman. Mailed notice (cdh, ) |
Filing 149 NOTICE of Motion by Brian Christopher Bianco for presentment of motion for leave to file #148 before Honorable James F. Holderman on 6/2/2009 at 09:00 AM. (Bianco, Brian) |
Filing 148 MOTION by Plaintiff Tellabs Operation, Inc. for leave to file its First Supplemental Disclosure of Asserted Claims and Infringement Contentions (Attachments: #1 Exhibit A)(Bianco, Brian) |
Filing 147 MINUTE entry before the Honorable Jeffrey Cole:Joint oral motion by the parties' to reset the status hearing on May 27, 2009 to June 2, 2009 at 9:30 a.m. following the hearing before Judge Holderman is granted. No appearance is necessary on May 27, 2009. Mailed notice (cdh, ) |
JOINT ORAL MOTION by the parties' to reset the status hearing set for May 27, 2009 to June 2, 2009 at 9:30 a.m. following the hearing before Judge Holderman. (cdh, ) |
Filing 145 MEMORANDUM OPINION AND ORDER PRELIMINARY CONSTRUING CERTAIN DISPUTED CLAIM TERMS BASED ON THE INTRINSIC EVIDENCE. Signed by the Honorable James F. Holderman on 5/13/2009: Mailed notice (am) |
Filing 144 MINUTE entry before the Honorable James F. Holderman: ENTER MEMORANDUM OPINION AND ORDER PRELIMINARY CONSTRUING CERTAIN DISPUTED CLAIM TERMS BASED ON THE INTRINSIC EVIDENCE: Based on the reasoning set forth above, the court has fully construed the majority of the disputed claims in the '772 patent, the '681 patent, and the '006 patent, but the court was unable to construe all of the disputed claim terms. Construction of the remaining disputed claim terms will necessitate consideration of extrinsic evidence. The terms requiring extrinsic evidence for the '772 patent are: "transponder," "reside in the same office," and "modular card." The terms requiring extrinsic evidence for the '681 patent are: "gain," "optical attenuator," "controls a level of the amplified WDM optical signal," "controls a level of the first stage amplified WDM optical signal," "substantially even," and "substantially flat." As to the '006 patent, the court will require extrinsic evidence concerning the structure corresponding to the identified function for the terms: "cross connecting means," "path switching means," "controlling means," "said controlling means also controls," "said controlling means determines," "a first alarm indication signal detecting means," "a second alarm indication signal detecting means," "a first unequipment code signal detecting means," "a second unequipment code signal detecting means," and "a determining means." Case set for status on June 2, 2009 at 9:00 a.m. to set a further schedule.Mailed notice (am) |
Filing 146 MINUTE entry before the Honorable James F. Holderman: Defendants Fujitsu Limited, Fujitsu Network Communications, Inc.'s motion for leave to serve Amended Preliminary Invalidity Contentions #137 is granted. Mailed notice (am) |
Filing 143 Fujitsu Limited's Reply to Counterclaim Defendant Tellabs North America's Counterclaim ANSWER to counterclaim by Fujitsu Limited(Van Dyke, David) |
Filing 142 Fujitsu Limited's Reply to Plaintiff Tellabs Operations, Inc's ANSWER to counterclaim (Second Amended Counterclaims) by Fujitsu Limited(Van Dyke, David) |
Filing 141 Fujitsu Limited's Reply to Tellabs, Inc.'s ANSWER to counterclaim (Second Amended) by Fujitsu Limited(Van Dyke, David) |
Filing 140 NOTICE by Fujitsu Limited re summons returned executed #139 (Meckstroth, Ann) |
Filing 139 SUMMONS Returned Executed by Fujitsu Limited as to Tellabs Operation, Inc. on 4/2/2009, answer due 4/22/2009; Tellabs, Inc. on 4/2/2009, answer due 4/22/2009; Tellabs North America, Inc. on 4/2/2009, answer due 4/22/2009. (Meckstroth, Ann) |
Filing 138 Fujitsu Limited's and Fujitsu Network Communications, Inc.'s NOTICE of Motion by David C. Van Dyke for presentment of motion for leave to file #137 before Honorable James F. Holderman on 5/12/2009 at 09:00 AM. (Van Dyke, David) |
Filing 137 MOTION by Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file Amended Preliminary Invalidity Contentions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Van Dyke, David) |
Filing 136 TRANSCRIPT OF PROCEEDINGS held on 03/31/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/14/2009. Redacted Transcript Deadline set for 5/26/2009. Release of Transcript Restriction set for 7/22/2009. (Conway, Colleen) |
Filing 135 REPLY by Counter Claimant Fujitsu Limited Fujitsu Limited's Reply to Counterclaim Defendant Tellabs Amended Counterclaims (Dickerson, Robert) |
Filing 134 REPLY by Defendant Fujitsu Limited Fujitsu Limited's Reply to Plaintiff Tellabs Operations, Inc.'s Amended Counterclaims (Dickerson, Robert) |
Filing 133 ANSWER to counterclaim of Fujitsu Limited, Second Amended COUNTERCLAIM filed by Tellabs Operation, Inc. against Fujitsu Limited. by Tellabs Operation, Inc.(Bradley, James) |
Filing 132 SECOND AMENDED ANSWER to counterclaim by Fujitsu Limited, COUNTERCLAIM filed by Tellabs, Inc. against Fujitsu Limited. by Tellabs, Inc.(Bradley, James) Modified on 4/16/2009 (mb, ). |
Filing 131 ANSWER to counterclaim of Fujitsu Limited, COUNTERCLAIM filed by Tellabs North America, Inc. against Fujitsu Limited. by Tellabs North America, Inc.(Bradley, James) |
Filing 130 ANSWER to counterclaim Answer to Amended Counterclaims of Fujitsu Network Communications, Inc. by Tellabs Operation, Inc.(Bradley, James) |
Filing 129 Letter to Magistrate Judge Jeffrey Cole dated April 9, 2009 by Tellabs Operation, Inc., Tellabs, Inc. (Bradley, James) |
Filing 128 MINUTE entry before the Honorable Jeffrey Cole:Status conference held to discuss the parties' continuing issues over discovery and to report on the defense counsels' consultation with their clients in Japan, regarding these issues. In light of the report made to the court today, the issues of concern appear to have been resolved, and counsel for both sides are to be commended for their diligence and responsiveness. The letters dated 4/9/09 and 4/10/09 from the parties to the court shall be made part of court record. Status hearing set for 4/20/09 is stricken and reset for 5/27/09 at 9:15 a.m. Mailed notice (cdh, ) Modified on 4/13/2009 (cdh, ). |
Filing 127 Fujitsu Limited and Fujitsu Network Communications, Inc.'s Supplemental Preliminary Rebuttal Claim Construction Submission Based Only on Intrinsic Evidence by Fujitsu Network Communications, Inc., Fujitsu Limited (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B)(Van Dyke, David) |
Filing 126 Amended Letter as requested by Magistrate Judge Jeffrey Cole (original letter submitted in open court by David Van Dyke on 04/10/09) from Jeffrey A. Miller to Magistrate Judge Jeffrey Cole outling discussions with Tellabs by Fujitsu Limited, Fujitsu Network Communications, Inc. (Van Dyke, David) |
Filing 125 MINUTE entry before the Honorable Jeffrey Cole:Emergency oral arguments heard on plaintiff's complaints that it has not received certain documents and information that it has previously requested, but not received and that are essential to the upcoming depositions of the inventors of the patent in suit. By 5:00 p.m., today, defendant shall produce the "notebooks" of the inventors that have yet to be produced and which were discussed at length during the hearing today. The defendants shall also endeavor to produce as quickly as possible the materials called for by items (a)-(e) in the January 21st letter from plaintiff to defendants. The defendants shall also produce so much of the information as is possible that has been called for in Requests #105 through #108. The defendants shall also produce any published papers of the inventors as previously requested sufficiently in advance of the upcoming April depositions that they may be translated and that will allow counsel for the plaintiff a reasonable opportunity to study them. Any prioritization of documents discussed today shall not work any kind of estoppel against any future claim by the plaintiff that other documents that have been requested but not produced can and should have been produced by the defendants in advance of the inventor depositions. The case is continued for further status to Friday, 4/10/09 at 9:00 a.m. to report on defense counsel's consultation with their clients regarding the anticipated schedule for document production that has been requested but yet to be produced. Mailed notice (cdh, ) |
Filing 123 SUMMONS issued, 1 original and 1 copy, as to Counter Defendant Tellabs North America, Inc. (tlm) |
Filing 122 REPLY by Counter Claimant Tellabs Operation, Inc. to answer to counterclaim, #72 and Amended Counterclaims against Defendant Fujitsu Limited (Attachments: #1 Exhibit 1 to 5, #2 Exhibit 6 to 8)(Bianco, Brian) |
Filing 121 AMENDED Answer by Counter Defendants Tellabs, Inc., Fujitsu Limited to answer to complaint,, counterclaim, #61 , answer to counterclaim, #70 , COUNTERCLAIM filed by Tellabs, Inc. against Fujitsu Limited. (Attachments: #1 Exhibit 1 to 5, #2 Exhibit 6 to 8)(Bianco, Brian) |
Filing 120 AMENDED Answer by Counter Claimant Fujitsu Network Communications, Inc., Defendant Fujitsu Network Communications, Inc., Counter Defendants Tellabs Operation, Inc., Tellabs North America, Inc., Tellabs, Inc. to Plaintiff's complaint #1 , AMENDED COUNTERCLAIM filed by Fujitsu Network Communications, Inc. against Tellabs Operation, Inc., Tellabs North America, Inc., Tellabs, 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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R - PART I, #19 Exhibit R - PART II, #20 Exhibit R - PART III)(Van Dyke, David) |
Filing 119 AMENDED Answer by Defendant Fujitsu Limited, Counter Defendants Tellabs Operation, Inc., Tellabs, Inc. to Plaintiff's complaint #1 , COUNTERCLAIM filed by Fujitsu Limited against Tellabs North America, Inc., Tellabs Operation, Inc., Tellabs, 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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R - PART I, #19 Exhibit R - PART II, #20 Exhibit R - PART III, #21 Exhibit S, #22 Exhibit T)(Van Dyke, David) |
Filing 118 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to April 20, 2009 at 8:30 a.m. The Defendants are encouraged to inform the Plaintiff of which of the documents produced comprise the 2 inventors "Notebooks". In the event there are difficulties or issues that arise during the course of the depositions of the inventors scheduled in April 2009, counsel should not hesitate to call chambers (312-435-5601). Mailed notice (cdh, ) |
Filing 117 Maps of Disclosed Witnesses by Fujitsu Network Communications, Inc., Fujitsu Limited (Van Dyke, David) |
Filing 116 Status of Document Collection and Productions to Date by Fujitsu Network Communications, Inc., Fujitsu Limited (Van Dyke, David) |
Filing 124 MINUTE entry before the Honorable James F. Holderman: Status hearing held on 3/31/2009. Counter Defendants Tellabs Operation, Inc., Tellabs, Inc., Tellabs Operation, Inc., Plaintiff Tellabs Operation, Inc., Counter Claimants Tellabs, Inc., Tellabs Operation, Inc.'s motion for leave to file an Amended Reply and Amended Answer #108 is granted. Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc.'s motion for leave to file Amended Answer and Amended Counterclaims #113 is granted. Plaintiffs' given until 4/3/2009 to file any supplemental claims construction; any further response due by 4/10/2009. The Court to rule electronically and will set further dates at the time of ruling. Mailed notice (am) |
Filing 115 Letter to Judge Holderman by Tellabs Operation, Inc. (Bianco, Brian) |
Filing 114 NOTICE of Motion by David C. Van Dyke for presentment of motion for leave to file, #113 before Honorable James F. Holderman on 3/31/2009 at 09:00 AM. (Van Dyke, David) |
Filing 113 MOTION by Counter Claimants Fujitsu Network Communications, Inc., Fujitsu Limited, Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. for leave to file Amended Answer and Amended Counterclaims (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - Part I, #5 Exhibit 4 - Part II, #6 Exhibit 4 - Part III, #7 Exhibit 4 - Part IV, #8 Exhibit 4 - Part V, #9 Exhibit 4 - Part VI)(Van Dyke, David) |
Filing 112 MINUTE entry before the Honorable James F. Holderman: The court has reviewed the "Parties' Amended Joint Report Concerning a Discovery Schedule" #111 . Counsel should proceed to comply with the deadlines agreed to by both sides. The court will resolve any further scheduling disagreements at the status report to be set after the court issues its preliminary Markman determinations, which will be based on the submissions previously provided to the court by the partiesJudicial staff mailed notice (gl, ) |
Filing 111 Parties' Amended Joint Report Concerning a Discovery Schedule by Tellabs, Inc., Tellabs Operation, Inc., Fujitsu Limited, Fujitsu Network Communications, Inc. (Bradley, James) |
Filing 110 Parties' Joint Report Concerning a Discovery Schedule by Fujitsu Network Communications, Inc., Tellabs Operation, Inc., Tellabs, Inc., Fujitsu Limited (Bianco, Brian) |
Filing 109 Notice of claims involving United States Patent Numbers 7,369,772 and 5,533,006, and 7,227,681 STATEMENT by Fujitsu Network Communications, Inc., Fujitsu Limited (Attachments: #1 Exhibit A)(Meckstroth, Ann) |
Filing 108 MOTION by Counter Defendants Tellabs Operation, Inc., Tellabs, Inc., Tellabs Operation, Inc., Plaintiff Tellabs Operation, Inc., Counter Claimants Tellabs, Inc., Tellabs Operation, Inc. for leave to file an Amended Reply and Amended Answer (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Bianco, Brian) |
Filing 107 NOTICE of Motion by Brian Christopher Bianco for presentment of before Honorable James F. Holderman on 3/31/2009 at 09:00 AM. (Bianco, Brian) |
Filing 106 MINUTE entry before the Honorable Jeffrey Cole:Status hearing set for 3/31/09 is reset to 4/1/2009 at 9:15 a.m. Mailed notice (cdh, ) |
Filing 105 MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Plaintiff's motion to compel #101 is withdrawn. Status hearing set for 3/31/2009 at 8:30 a.m. Mailed notice (cdh, ) |
Filing 104 MEMORANDUM of Law In Support of Fujitsu Limited's Opposition to Tellabs, Inc.'s and Tellabs Operations, Inc.'s Motion to Compel Fujitsu Limited to Produce Named Inventors for Deposition In Illinois (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)(Miller, Jeffrey) |
Filing 103 MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Plaintiffs Motion to Compel Fujitsu Limited to Produce Named Inventors for Deposition in Illinois #101 is entered and continued to 2/19/09 at 9:30 a.m. to report on whether the parties can come to an agreement regarding the plaintiffs motion to compel. Fujitsu Limited oral motion for leave to file a response brief by 2/17/09 to the motion to compel is granted. Mailed notice (cdh, ) |
ORAL MOTION by Defendant Fujitsu Limited for leave to file a response brief by 2/17/09 to the motion to compel. (cdh, ) |
Filing 102 NOTICE of Motion by James Patrick Bradley for presentment of motion to compel, #101 before Honorable Jeffrey Cole on 2/13/2009 at 08:30 AM. (Bradley, James) |
Filing 101 MOTION by Counter Defendants Tellabs Operation, Inc., Tellabs, Inc., Tellabs Operation, Inc., Counter Claimants Tellabs, Inc., Tellabs Operation, Inc. to compel Fujitsu Limited to Produce Named Inventors for Deposition in Illinois (Bradley, James) |
Filing 100 MEMORANDUM in Support of Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Bianco, Brian) Modified on 2/10/2009 (ef, ). |
Filing 99 DOCUMENT Entered in Error.(Bianco, Brian) Modified on 2/10/2009 (ef, ). |
Filing 98 TRANSCRIPT OF PROCEEDINGS held on 01/20/09 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/2/2009. Redacted Transcript Deadline set for 3/12/2009. Release of Transcript Restriction set for 5/11/2009. (Conway, Colleen) |
Filing 97 MINUTE entry before the Honorable Jeffrey Cole:Status hearing set for 3/31/2009 at 9:30 a.m. following the status hearing before Judge Holderman. Mailed notice (cdh, ) |
Filing 96 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery disputes and settlement conference. (am) Mailed notice. |
Filing 95 STIPULATED SECOND AMENDED PROTECTIVE ORDER. Signed by the Honorable James F. Holderman on 1/20/2009: Mailed notice (am) |
Filing 94 STIPULATED SECOND AMENDED PROTECTIVE ORDER. (Unsigned): Mailed notice (am) Modified on 1/23/2009 (am). |
Filing 93 MINUTE entry before the Honorable James F. Holderman: Status hearing held and is continued to 3/31/2009 at 9:00 AM. Parties are to file a joint schedule regarding discovery by 3/17/2009. Fact Discovery Ordered Closed 8/7/2009. Plaintiff and counterclaim defendants' agreed motion for entry of a second amended protective order #87 is granted. ENTER STIPULATED SECOND AMENDED PROTECTIVE ORDER regarding confidential information. Mailed notice (am) |
Filing 92 Fujitsu Limited and Fujitsu Network Communications, Inc.'s Preliminary Rebuttal Claim Construction Submission Based Only on Intrinsic Evidence by Fujitsu Network Communications, Inc., Fujitsu Limited (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Dyke, David) |
Filing 91 Tellabs' Response to Fujitsu Limited and Fujitsu Network Communications, Inc.'s Preliminary Claim Constructions by Tellabs Operation, Inc., Tellabs, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bianco, Brian) |
Filing 90 Preliminary Claim Constructions Based Only On Intrinsic Evidence by Fujitsu Network Communications, Inc., Fujitsu Limited (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Van Dyke, David) |
Filing 89 Proposed Terms For Claim Construction and Supporting Intrinsic Evidence by Tellabs Operation, Inc., Tellabs, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bianco, Brian) |
Filing 88 NOTICE of Motion by Brian Christopher Bianco for presentment of motion for protective order, #87 before Honorable James F. Holderman on 1/20/2009 at 09:00 AM. (Bianco, Brian) |
Filing 87 MOTION by Counter Defendants Tellabs Operation, Inc., Tellabs, Inc., Tellabs Operation, Inc., Plaintiff Tellabs Operation, Inc., Counter Claimants Tellabs, Inc., Tellabs Operation, Inc. for protective order (Attachments: #1 Exhibit Stipulated Second Amended Protective Order)(Bianco, Brian) |
Filing 86 MINUTE entry before the Honorable James F. Holderman: Motion to Withdraw Appearance of Matthew W. Miller as counsel for Defendant Fujitsu Limited #84 is granted. Attorney Matthew W Miller terminated. Mailed notice (am) |
Filing 85 NOTICE of Motion by Ann Marie Meckstroth for presentment of motion to withdraw as attorney, #84 before Honorable James F. Holderman on 11/25/2008 at 09:00 AM. (Meckstroth, Ann) |
Filing 84 MOTION by counsel for Defendant Fujitsu Limited to withdraw as attorney Motion to Withdraw Appearance of Matthew W. Miller, MOTION by Defendant Fujitsu Limited to withdraw (Miller, Matthew) |
Filing 83 TRANSCRIPT OF PROCEEDINGS held on 10/21/08 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/25/2008. Redacted Transcript Deadline set for 12/5/2008. Release of Transcript Restriction set for 2/2/2009. (Conway, Colleen) |
Filing 82 TRANSCRIPT OF PROCEEDINGS held on 08/19/08 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/26/2009. (Conway, Colleen) |
Filing 81 MINUTE entry before the Honorable James F. Holderman: Status hearing held on 10/21/2008 and is continued for 1/20/2009 at 9:00 AM. Both sides to provide infringement contentions no later than 11/4/2008. As stated in open court, parties have until 12/16/2008 to identify the claim terms that need construction; responses due by 1/9/2009. Mailed notice (am) |
Filing 80 Notice of Initial Disclosure by Fujitsu Network Communications, Inc., Fujitsu Limited (Van Dyke, David) |
Filing 79 REPORT of Rule 26(f) Planning Meeting (Bianco, Brian) |
Filing 78 Notice of Submittal to Judge Holderman by Tellabs Operation, Inc., Tellabs, Inc. (Bianco, Brian) |
Filing 77 NOTICE by Tellabs Operation, Inc., Tellabs, Inc. of service of Initial Disclosures under Rule 26(a)(1) (Bianco, Brian) |
Filing 76 TRANSCRIPT OF PROCEEDINGS held on 09/23/08 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway @ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/22/2008. Redacted Transcript Deadline set for 11/3/2008. Release of Transcript Restriction set for 12/30/2008. (Conway, Colleen) |
Filing 75 MINUTE entry before the Honorable James F. Holderman:Attorney Jae-Hwan Kim is given leave to appear pro hac vice on behalf of Fujitsu Network Communications., Inc. #40 . Mailed notice (ef, ) |
Filing 74 AMENDED PROTECTIVE ORDER. Signed by the Honorable James F. Holderman on 9/23/2008: Mailed notice (am) |
Filing 73 MINUTE entry before the Honorable James F. Holderman: Status hearing held and is continued to 10/21/2008 at 9:00 AM. Parties are to provide prosecution history by 10/10/2008. Plaintiff's Rule 26(a)(1) initial disclosures are to be provided by 10/8/2008; defendants' Rule 26(a)(1) initial disclosures are to be provided by 10/15/2008. Parties are to file a revised Form 35 by 10/14/2008. Plaintiff's motion for protective order #66 is granted. ENTER AMENDED PROTECTIVE ORDER regarding confidential information. Mailed notice (am) |
Filing 72 Plaintiff Tellabs Operations, Inc. ANSWER to counterclaim of Defendant Fujitsu Limited, COUNTERCLAIM filed by Tellabs Operation, Inc. against Fujitsu Limited. by Tellabs Operation, Inc.(Bradley, James) |
Filing 71 Plaintiff Tellabs Operations, Inc. ANSWER to counterclaim of Defendant Fujitsu Network Communications, Inc. by Tellabs Operation, Inc.(Bradley, James) |
Filing 70 Counterclaim Defendant Tellabs, Inc. ANSWER to counterclaim filed by Fujitsu Limited, COUNTERCLAIM filed by Tellabs, Inc. against Fujitsu Limited. by Tellabs, Inc.(Bradley, James) |
Filing 69 MINUTE entry before the Honorable James F. Holderman: Status hearing is reset for 9/23/2008 at 10:30 AM instead of 9:00 AM. Plaintiff Tellabs Operation, Inc.'s motion for protective order #66 is reset for 9/23/2008 at 10:30 AM instead of 9:00 AM. Mailed notice (am) |
Filing 68 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fujitsu Network Communications, Inc., Fujitsu Limited (Van Dyke, David) |
Filing 67 NOTICE of Motion by Brian Christopher Bianco for presentment of motion for protective order #66 before Honorable James F. Holderman on 9/23/2008 at 09:00 AM. (Bianco, Brian) |
Filing 66 MOTION by Plaintiff Tellabs Operation, Inc. for protective order (Attachments: #1 Exhibit Proposed Protective Order)(Bianco, Brian) |
Filing 65 SUMMONS Returned Executed by Fujitsu Limited as to Tellabs, Inc. on 9/9/2008, answer due 9/29/2008. (Van Dyke, David) |
Filing 64 REPORT of Rule 26(f) Planning Meeting (Dodd, Mark) |
Filing 63 SUMMONS Issued as to Counter Defendant Tellabs, Inc. (aac, ) |
Filing 62 NOTICE by Fujitsu Limited re answer to complaint,, counterclaim, #61 and jury demand (Van Dyke, David) |
Filing 61 Fujitsu Limited's ANSWER to Complaint with Jury Demand and Affirmative Defenses, Fujitsu Limited's COUNTERCLAIM filed by Fujitsu Limited against Tellabs, Inc., Tellabs Operation, Inc.. by Fujitsu Limited (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Dyke, David) |
Filing 60 NOTICE by Fujitsu Network Communications, Inc. re answer to complaint,, counterclaim, #59 affirmative defenses and jury demand (Van Dyke, David) |
Filing 59 Defendant Fujitsu Network Communications, Inc.'s ANSWER to Complaint with Jury Demand and Affirmative Defenses, Defendant Fujitsu Network Communication Inc.'s COUNTERCLAIM filed by Fujitsu Network Communications, Inc. against Tellabs Operation, Inc.. by Fujitsu Network Communications, Inc.(Van Dyke, David) |
Filing 58 ATTORNEY Appearance for Defendant Fujitsu Limited by Mark Stirrat (Attachments: #1 Certificate of Service re Appearance for Fujitsu Limited)(Stirrat, Mark) |
Filing 57 ATTORNEY Appearance for Defendant Fujitsu Limited by Robert W. Dickerson (Attachments: #1 Certificate of Service re Appearance for Fujitsu Limited)(Dickerson, Robert) |
Filing 56 ATTORNEY Appearance for Defendant Fujitsu Limited by David E. Wang (Attachments: #1 Certificate of Service re Appearance for Fujitsu Limited)(Wang, David) |
Filing 55 ATTORNEY Appearance for Defendant Fujitsu Limited by Jeffrey A. Miller (Attachments: #1 Certificate of Service re Appearance for Fujitsu Limited)(Miller, Jeffrey) |
Filing 54 CERTIFICATE of Service by Defendant Fujitsu Limited of appearance (Meckstroth, Ann) |
Filing 53 ATTORNEY Appearance for Defendant Fujitsu Limited by Ann Marie Meckstroth (Meckstroth, Ann) |
Filing 52 ATTORNEY Appearance for Defendant Fujitsu Limited by Matthew W Miller (Miller, Matthew) |
Filing 51 CERTIFICATE of Service by Defendant Fujitsu Network Communications, Inc. of appearance (Meckstroth, Ann) |
Filing 50 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by Ann Marie Meckstroth (Meckstroth, Ann) |
Filing 49 ATTORNEY Appearance for Defendant Fujitsu Limited by David C. Van Dyke (Van Dyke, David) |
Filing 48 MINUTE entry before the Honorable James F. Holderman:Status hearing and motion hearing held on 8/19/08. Fujitsu Network Communications, Inc.'s motion for an extension of time for Fujitsu Limited to respond to plaintiffs' complaint (Doc. No. 38) is granted. Motion terminated. For the reasons set forth in open court, defendant Fujitsu Network Communications, Inc.'s motion for a more definite statement; or, in the alternative, motion to dismiss, or, motion to strike infringement allegations (Doc. No. 41) is denied. Both defendants, Fujitsu Limited, and Fujitsu Network Communications, Inc., are granted an extension of time of no later than 9/5/08 to file an answer to plaintiffs' complaint. Defendants are to file their appearance by 8/26/08. Counsel are to hold a Rule 26 conference and file a jointly completed Form 35, signed by counsel for each party, on or before 9/11/08. Counsel are requested to submit a courtesy copy of the Form 35 to Chambers on the day of filing. This case is set for a further report on status on 9/23/08 at 9:00 a.m.(gl, ) |
Filing 47 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by Mark Stirrat (Stirrat, Mark) |
Filing 46 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by Robert W. Dickerson (Dickerson, Robert) |
Filing 45 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by David E. Wang (Wang, David) |
Filing 44 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by Jeffrey A. Miller (Miller, Jeffrey) |
Filing 43 Defendant, Fujitsu Network Communications, Inc.'s NOTICE of Motion by David C. Van Dyke for presentment of motion for more definite statement #41 before Honorable James F. Holderman on 8/19/2008 at 09:00 AM. (Van Dyke, David) |
Filing 42 MEMORANDUM by Fujitsu Network Communications, Inc. in support of motion for more definite statement #41 (Van Dyke, David) |
Filing 41 MOTION by Defendant Fujitsu Network Communications, Inc.for more definite statement or, in the alternative, motion to dismiss, or, motion to strike infringement allegations (Van Dyke, David) |
Filing 40 MOTION for Leave to Appear Pro Hac Vice by Jae-Hwan Kim. Filing fee $ 50, receipt number 4624006999. (ef, ) |
Filing 39 Fujitsu Network Communications, Inc.'s NOTICE of Motion by David C. Van Dyke for presentment of extension of time #38 before Honorable James F. Holderman on 8/19/2008 at 09:00 AM. (Van Dyke, David) |
Filing 38 MOTION by Defendant Fujitsu Network Communications, Inc. for extension of time for Fujitsu Limited to Respond to Plaintiff's Complaint (Van Dyke, David) |
Filing 37 MINUTE entry before the Honorable James F. Holderman: The applications of David Edward Wang, Jeffrey A. Miller, Robert W. Dickerson, Allan W. Jansen and Mark Stirrat to appear pro hac vice #32 #33 #34 #35 #36 are granted. Mailed notice (am) |
Filing 36 MOTION by Mark Stirrat for Leave to Appear Pro Hac Vice Filing fee $ 50; Receipt number 4624006556. (ef, ) |
Filing 35 MOTION by Allan W. Jansen for Leave to Appear Pro Hac Vice Filing fee $ 50; Receipt number 4624006556. (ef, ) |
Filing 34 MOTION by Robert W. Dickerson for Leave to Appear Pro Hac Vice Filing fee $ 50; Receipt number 4624006556. (ef, ) |
Filing 33 MOTION by Jeffrey A. Miller for Leave to Appear Pro Hac Vice Filing fee $ 50; Receipt number 4624006556. (ef, ) |
Filing 32 MOTION by David Edward Wang for Leave to Appear Pro Hac Vice Filing fee $ 50; Receipt number 4624006556. (ef, ) Modified on 8/12/2008 (lcw, ). |
Filing 31 NOTICE of Correction regarding #27 . (amb, ) |
Filing 30 ATTORNEY Appearance for Plaintiff Tellabs Operation, Inc. by Mark Alan Dodd (Dodd, Mark) |
Filing 29 ATTORNEY Appearance for Plaintiff Tellabs Operation, Inc. by Kelley A. Conaty (Conaty, Kelley) |
Filing 28 ATTORNEY Appearance for Plaintiff Tellabs Operation, Inc. by James Patrick Bradley (Bradley, James) |
Filing 26 MINUTE entry before the Honorable James F. Holderman: The applications of James P. Bradley, Mark A. Dodd and Kelley A. Conaty to appear pro hac vice #21 #22 #23 are granted. Mailed notice (am) |
Filing 25 TRANSCRIPT OF PROCEEDINGS held on 07/10/08 before the Honorable James F. Holderman. Court Reporter Contact Information: Colleen Conway@ 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov. Under Quick Links select Electronic Transcript Procedures. Redaction Request due 8/5/2008. Redacted Transcript Deadline set for 8/15/2008. Release of Transcript Restriction set for 10/14/2008. (Conway, Colleen) |
Filing 27 FED EX tracking sheet (copy) as to #14 alias summons Issued as to Fujitsu Limited c/o Mr. Kuniaki Nozoe (Fed Ex Airbill 859711143852), Fujitsu Limited c/o Masanobu Katoh (Fed Ex Airbill 859711143841) executed on 7/3/08, answer due 7/23/08. (amb, ) Modified on 7/22/2008 (amb, ). |
Filing 24 MINUTE entry before the Honorable James F. Holderman: Defendant Fujitsu Network Communications, Inc.'s motion for extension of time to respond to complaint #18 is granted; defendant is given until 8/11/2008 to answer or otherwise plead to the complaint. If a motion is filed, it should be noticed to heard on 8/19/2008 at 9:00 AM; if an answer is filed, parties shall meet and prepare Form 35 for filing by 8/14/2008. Status hearing set for 8/19/2008 at 9:00 AM to set schedule. Mailed notice (am) |
Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000002911281. (Conaty, Kelley) |
Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000002911252. (Dodd, Mark) |
Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000002911216. (Bradley, James) |
Filing 19 Defedant, Fujitsu Network Communictions, Inc. NOTICE of Motion by David C. Van Dyke for presentment of motion for extension of time to file answer #18 before Honorable James F. Holderman on 7/10/2008 at 09:00 AM. (Van Dyke, David) |
Filing 18 MOTION by Defendant Fujitsu Network Communications, Inc. for extension of time to file answer (Van Dyke, David) |
Filing 17 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by Matthew W Miller (Miller, Matthew) |
Filing 16 NOTICE by Fujitsu Network Communications, Inc. re attorney appearance #15 (Van Dyke, David) |
Filing 15 ATTORNEY Appearance for Defendant Fujitsu Network Communications, Inc. by David C. Van Dyke (Van Dyke, David) |
Filing 14 ALIAS Summons Issued as to Fujitsu Limited c/o Mr. Kuniaki Nozoe (Fed Ex Airbill 859711143852), Fujitsu Limited c/o Masanobu Katoh (Fed Ex Airbill 859711143841). (ef, ) |
Filing 13 NOTICE of Correction regarding alias summons #12 . Tracking sheet does not reflect that summons was sent via registered mail. Tracking sheet and entry corrected to reflect that summons was sent via registered mail. (cem, ) |
Filing 12 ALIAS Summons Issued as to Fujitsu Limited c/o Mr. Masanobu and Fujitsu Limited c/o New York Representative Office via registered mail #RB365040024US. (ef, ) ( Modified on 6/24/2008 (cem, ). |
Filing 11 SUMMONS Returned Executed by Tellabs Operation, Inc. as to Fujitsu Network Communications, Inc. on 6/12/2008, answer due 7/2/2008. (Attachments: #1 Affidavit Affidavit of Service by Process Server)(Pritikin, David) |
Filing 9 SUMMONS Issued, two originals as to Defendants Fujitsu Limited, Fujitsu Network Communications, Inc. (ca, ) |
Filing 7 DISCLOSURE STATEMENT and Notification as to Affiliates by Tellabs Operations, Inc. (ca, ) |
Filing 6 NOTICE OF CLAIMS involving United States Patent Number 7,369,772 by Tellabs Operations, Inc. (ca, ) |
Filing 5 ATTORNEY Appearance for Plaintiff Tellabs Operation, Inc. by Brian Christopher Bianco. (ca, ) |
Filing 4 ATTORNEY Appearance for Plaintiff Tellabs Operation, Inc. by Richard A. Cederoth. (ca, ) |
Filing 3 ATTORNEY Appearance for Plaintiff Tellabs Operation, Inc. by David T. Pritikin. (ca, ) |
Filing 2 CIVIL Cover Sheet. (ca, ) |
Filing 1 COMPLAINT filed by Tellabs Operation, Inc.; Jury Demand. Filing fee $ 350 (Exhibits).(ca, ) |
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