Berkheimer v. Hewlett-Packard Company
| Steven E. Berkheimer |
| Hewlett-Packard Company |
| 1:2012cv09023 |
| November 9, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| John Z Lee |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 313
ENTERED JUDGMENT Signed by the Courtroom Deputy on 3/29/22.(ca, )
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Filing 312
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 3/29/22.(ca, )
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Filing 311
MINUTE entry before the Honorable John Z. Lee: For the reasons stated in the memorandum opinion and order, the Court holds that claims 4, 5, 6 and 7 of the '713 Patent are invalid for indefiniteness under 112. Accordingly, HP's motion for summary judgment #283 is granted. Because this holding is dispositive, Berkheimer's motion for summary judgment #288 is denied. Judgment is entered in HP's favor, and this case is terminated. (ca, )
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Filing 310
MINUTE entry before the Honorable John Z. Lee:Motions for leave to file under seal #302 #303 are granted. Mailed notice (air, )
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Filing 309
REPLY by Plaintiff Steven E. Berkheimer BERKHEIMER'S LOCAL RULE 56.1(a) REPLY TO HP'S STATEMENT OF ADDITIONAL FACTS REQUIRING DENIAL OF SUMMARY JUDGMENT (Hanrath, James)
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Filing 308
REPLY by Plaintiff Steven E. Berkheimer BERKHEIMER'S REPLY MEMORANDUM IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT OF LIABILITY ON THE ISSUE OF INDUCED INFRINGEMENT (Hanrath, James)
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Filing 307
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer BERKHEIMER'S LOCAL RULE 56.1(a) REPLY TO HP'S STATEMENT OF ADDITIONAL FACTS REQUIRING DENIAL OF SUMMARY JUDGMENT (Hanrath, James)
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Filing 306
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer BERKHEIMER'S REPLY MEMORANDUM IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT OF LIABILITY ON THE ISSUE OF INDUCED INFRINGEMENT (Hanrath, James)
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Filing 305
SEALED RESPONSE by Hewlett-Packard Company to Response,, #300 HP's Response to Plaintiff's Statement of Additional Facts (White, Jason)
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Filing 304
SEALED REPLY by Hewlett-Packard Company to MOTION by Defendant Hewlett-Packard Company for summary judgment Hewlett-Packard Company's Motion for Summary Judgment #283 , memorandum in support of motion #284 Defendant HP's Reply In Support of its Motion for Summary Judgment (White, Jason)
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Filing 303
MOTION by Defendant Hewlett-Packard Company for leave to file Hewlett-Packard Company's Unopposed Motion to Seal Pursuant to Local Rule 26.2 (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 302
MOTION by Plaintiff Steven E. Berkheimer for leave to file Plaintiff Steven E. Berkheimer's Unopposed Motion For Leave to File Under Seal (Hanrath, James)
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Filing 301
MINUTE entry before the Honorable John Z. Lee: The parties' motions for leave to file under seal #293 #295 are granted. (ca, )
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Filing 300
RESPONSE by Plaintiff Steven E. Berkheimer Berkheimer's Local Rule 56.1(b) Response To HP's Statement of Undisputed Material Facts In Support Of It's Motion For Summary Judgment And Statement Of Additional Facts Requiring Denial Of Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Errata 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Hanrath, James)
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Filing 299
MEMORANDUM by Steven E. Berkheimer in Opposition to motion for summary judgment #283 Berkheimer's Memorandum In Opposition To HP's Motion For Summary Judgment (Hanrath, James)
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Filing 298
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer Berkheimer's Local Rule 56.1(b) Response To HP's Statement of Undisputed Material Facts In Support Of It's Motion For Summary Judgment And Statement Of Additional Facts Requiring Denial Of Summary Judgment (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 14, #12 Exhibit 15)(Hanrath, James)
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Filing 297
SEALED DOCUMENT by Defendant Hewlett-Packard Company HP'S RESPONSE TO PLAINTIFF'S STATEMENT OF UNDISPUTED MATERIAL FACTS IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit A)(White, Jason)
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Filing 296
SEALED DOCUMENT by Defendant Hewlett-Packard Company DEFENDANT HP'S BRIEF IN OPPOSITION TO PLAINTIFF STEVEN E. BERKHEIMER'S MOTION FOR SUMMARY JUDGMENT (White, Jason)
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Filing 295
MOTION by Defendant Hewlett-Packard Company for leave to file UNOPPOSED MOTION TO SEAL PURSUANT TO LOCAL RULE 26.2 (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 294
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer Berkheimer's Memorandum In Opposition To HP's Motion For Summary Judgment (Hanrath, James)
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Filing 293
MOTION by Plaintiff Steven E. Berkheimer for leave to file Plaintiff Steven E. Berkheimer Unopposed Motion For Leave to File Exhibits Under Seal (Hanrath, James)
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Filing 292
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 6/30/21; The parties agree on the following briefing schedule; responses #283 #288 to motion for summary judgments are due by 7/30/21; replies are due by 8/20/21. (ca, )
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Filing 291
MINUTE entry before the Honorable John Z. Lee: The parties' unopposed motions for leave to file under seal #281 #282 are granted. (ca, )
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Filing 290
Plaintiff's Statement of Undisputed Facts In Support of his Motion For Summary Judgment of Liability on the Issue of Induced Infringement STATEMENT by Steven E. Berkheimer (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Hanrath, James)
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Filing 289
MEMORANDUM Memorandum In Support of Motion For Summary Judgment of Liability on the Issue of Induced Infringement (Hanrath, James)
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Filing 288
MOTION by Plaintiff Steven E. Berkheimer for summary judgment Motion for Summary Judgment of Liability on the Issue of Induced Infringement (Hanrath, James)
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Filing 287
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer Memorandum In Support of Motion For Summary Judgment of Liability on the Issue of Induced Infringement (Hanrath, James)
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Filing 286
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15)(Hanrath, James)
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Filing 285
RULE 56 Statement by Hewlett-Packard Company regarding motion for summary judgment #283 , Sealed motion, #282 HP's Statement of Undisputed Material Facts In Support Of Its Motion For Summary Judgment (White, Jason)
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Filing 284
MEMORANDUM by Hewlett-Packard Company in support of motion for summary judgment #283 , Sealed motion, #282 Defendant HP's Brief In Support of its Motion for Summary Judgment (White, Jason)
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Filing 283
MOTION by Defendant Hewlett-Packard Company for summary judgment Hewlett-Packard Company's Motion for Summary Judgment (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 282
SEALED MOTION by Defendant Hewlett-Packard Company Hewlett-Packard Company's Unopposed Motion to Seal Pursuant to Local Rule 26.2 (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(White, Jason)
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Filing 281
MOTION by Plaintiff Steven E. Berkheimer for leave to file exhibits under seal (Attachments: #1 Text of Proposed Order)(Hanrath, James)
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Filing 280
MINUTE entry before the Honorable John Z. Lee:Motion for extension of time to complete expert depositions to 6/2/21 and file dispositive motions to 6/28/21 #279 is granted. The status hearing set for 6/16/21 is reset to 6/30/21 at 9:15 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, )
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Filing 279
MOTION by Plaintiff Steven E. Berkheimer for extension of time - Joint Motion to Extend Time - (Hanrath, James)
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Filing 278
MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion to withdraw Jonathan Loew as counsel #277 is granted. The Clerk of Court shall terminate counsel's appearance on behalf of Plaintiff, who remains represented by other counsel. (ca, )
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Filing 277
MOTION by Attorney Jonathan L. Loew to withdraw as attorney for Steven E. Berkheimer, Steven E. Berkheimer. No party information provided (Loew, Jonathan)
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Filing 276
MINUTE entry before the Honorable John Z. Lee: The Court has reviewed the status report. In accordance with the parties' request, the deadline for the completion of expert witness depositions under LPR 5.2 is 5/19/21. The date on which dispositive motions under LPR 6.1 are due is 6/14/21. The Court sets a telephonic status hearing on 6/16/21 at 9:00 a.m. to set a briefing schedule on the motions. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw== Mailed notice (ags)
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Filing 275
STATUS Report - Joint Status Report by Steven E. Berkheimer (Hanrath, James)
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Filing 274
MINUTE entry before the Honorable John Z. Lee:Defendant's unopposed motion for extension of time until 3/31/21 to file a petition for reasonable attorneys' fees #273 is granted. (ca, )
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Filing 273
MOTION by Defendant Hewlett-Packard Company for extension of time to file Consent Motion For Extension Of Time For Defendant To File Petition For Reasonable Attorney's Fee (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 272
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 2/11/21 is stricken. The Court orders the parties to file a joint written status report by 3/30/21 as to the status of remand expert discovery. (ca, )
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Filing 271
ORDER : For the following reasons, HP Inc.'s ("HP," formerly known as Hewlett-Packard Co.) motion to strike Steven E. Berkheimer's remand supplemental expert report on economic damages #249 #250 is granted. Signed by the Honorable John Z. Lee on 2/10/21. [For further details see order]. (ca, )
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Filing 270
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 1/14/21 is reset to 2/11/21 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==MMailed notice (ca, )
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Filing 269
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 12/14/20 is reset for 1/14/21 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, )
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Filing 268
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 10/19/20 is reset to 12/14/20 at 9:00 a.m., the dial in number remains the same.Mailed notice (ca, )
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Filing 267
MINUTE entry before the Honorable John Z. Lee: Defendant's unopposed motion to file exhibits under seal #265 is granted. No appearance is required on the motion. Mailed notice (ca, )
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Filing 266
NOTICE of Motion by Jason C. White for presentment of Sealed motion, #265 before Honorable John Z. Lee on 9/23/2020 at 09:15 AM. (White, Jason)
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Filing 265
SEALED MOTION by Defendant Hewlett-Packard Company Hewlett-Packard Company's Unopposed Motion To Seal Pursuant To Local Rule 26.2 (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 (SEALED), #3 Exhibit 2 (SEALED))(White, Jason)
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Filing 264
MINUTE entry before the Honorable John Z. Lee: Defendant's motion to file exhibits under seal #263 is stricken for failure to comply with the Court's standing order regarding motion practice. Per that order, before filing any motion, movant's counsel must ask opposing counsel whether there is an objection to the motion, and should identify whether the motion is opposed or unopposed in the title and body of the motion. Defendant may refile the motion in compliance with the Court's standing order. Mailed notice (ca, )
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Filing 263
SEALED MOTION by Defendant Hewlett-Packard Company Hewlett-Packard Company's Motion to Seal Pursuant to Local Rule 26.2 (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 (SEALED), #3 Exhibit 2 (SEALED))(White, Jason)
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Filing 262
REPLY by Defendant Hewlett-Packard Company to Sealed motion, #249 , motion to strike, #250 Defendants' Reply In Support of its Motion to Strike The Supplemental Expert Report of Melissa C. Snelson Concerning Economic Damages of U.S. Patent 7,447,713 (Attachments: #1 Exhibit 1 (SEALED), #2 Exhibit 2 (SEALED))(White, Jason)
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Filing 261
MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion for leave to file exhibits under seal #258 is granted. Mailed notice (ca, )
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Filing 260
RESPONSE by Plaintiff Steven E. Berkheimer to Sealed motion, #249 , motion to strike, #250 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hanrath, James)
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Filing 259
SEALED DOCUMENT by Plaintiff Steven E. Berkheimer (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hanrath, James)
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Filing 258
MOTION by Plaintiff Steven E. Berkheimer for leave to file exhibits under seal (Attachments: #1 Text of Proposed Order Proposed Order)(Hanrath, James)
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Filing 257
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 8/24/20. For the reasons stated on the record, Defendant's motion to extend the deadlines and to set expedited briefing schedule #253 is granted in part. Defendant's remand rebuttal expert report is due fourteen days after the Court issues its ruling on the pending motion to strike #249 . Mailed notice (ca, )
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Filing 256
REPLY by Defendant Hewlett-Packard Company to extension of time #253 Hewlett-Packard Company's Reply In Support of Motion to Extend Deadlines (White, Jason)
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Filing 255
RESPONSE by Steven E. Berkheimerin Opposition to MOTION by Defendant Hewlett-Packard Company for extension of time Motion to Extend Deadlines And To Set Expedited Briefing Schedule #253 (Hanrath, James)
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Filing 254
MINUTE entry before the Honorable John Z. Lee: Hearing on Defendant's motion to extend deadlines is set for 8/24/20 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (ca, )
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Filing 253
MOTION by Defendant Hewlett-Packard Company for extension of time Motion to Extend Deadlines And To Set Expedited Briefing Schedule (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 252
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 8/13/20 is reset to 10/19/20 at 9:15 a.m. The dial in number remains the same.Mailed notice (ca, )
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Filing 251
MINUTE entry before the Honorable John Z. Lee:Defendant's motion for leave to file portions of its motion to strike the supplemental expert report of Melissa Snelson, as well as Exhibits A, B, and C thereto is granted #248 . Defendant shall email unredacted versions to Judge Lee's Courtroom Deputy Carmen Acevedo by 8/13/20. No courtesy copies shall be delivered to chambers. Plaintiff's response to the motion to strike is due 9/2/20; Defendants' reply is due 9/16/20.Mailed notice (ca, )
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Filing 250
MOTION by Defendant Hewlett-Packard Company to strike Defendant's [REDACTED] Motion to Strike The Supplemental Expert Report of Melissa C. Snelson Concerning Economic Damages of U.S. Patent 7,447,713 (Attachments: #1 Exhibit A (REDACTED), #2 Exhibit B (REDACTED), #3 Exhibit C (REDACTED))(White, Jason)
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Filing 249
SEALED MOTION by Defendant Hewlett-Packard Company Defendant's Motion to Strike the Supplemental Expert Report of Melissa C. Snelson Concerning Economic Damages of U.S. Patent 7,447,713 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(White, Jason)
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Filing 248
MOTION by Defendant Hewlett-Packard Company to seal Hewlett Packard Company's Motion to Seal Pursuant to Local Rule 26.2 (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 247
MINUTE entry before the Honorable John Z. Lee:In light of the pending motion in 20-cv-2037, the status hearing set for 7/29/20 is reset to 8/13/20 at 9:15 a.m., the dial in number remains the same.Mailed notice (ca, )
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Filing 246
MINUTE entry before the Honorable John Z. Lee: Telephone Conference set for 7/29/20 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (ca, )
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Filing 245
STATUS Report (Joint Status Report) by Steven E. Berkheimer (Hanrath, James)
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Filing 244
MINUTE entry before the Honorable John Z. Lee: In light of the schedule already adopted by the Court, the status hearing set for 7/16/20 is stricken.Mailed notice (ca, )
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Filing 243
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
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Filing 242
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 7/9/20 is reset to a telephone conference for 7/16/20 at 8:45 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (ca, )
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Filing 241
MINUTE entry before the Honorable John Z. Lee: The Court orders the parties to file a joint status report by July 21, 2020. The report, which shall be as concise as possible, shall address: (1) the progress of discovery; (2) the status of briefing on any unresolved motions; (3) for cases without any future court dates, an agreed proposed schedule for the next 60 days; (4) for cases that have future court dates, an agreed revised schedule if the current schedule needs revision; (5) a request for any agreed action that the Court can take without a hearing; (6) whether the parties believe a telephonic hearing or in-person hearing is necessary in the immediate future, and, if so, the issue(s) that warrants discussion.Mailed notice (ca, )
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Filing 240
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
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Filing 239
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 6/9/20 is reset to 7/9/20 at 9:00 a.m.Mailed notice (ca, )
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Filing 238
STATUS Report Joint Status Report by Steven E. Berkheimer (Hanrath, James)
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Filing 237
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
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Filing 236
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, )
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Filing 235
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (docket1, )
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Filing 234
MINUTE entry before the Honorable John Z. Lee:The Court approves the case management schedule: The deadline for limited Re-opening of Fact Discovery upon Remand is 2/3/20; Close of fact discovery upon remand is 4/30/20.; Snelson expert witness supplemental report addressing remand discovery is 5/15/20; Malakowski expert witness supplemental report addressing remand discovery is due by 5/29/20; the deadline for the completion of expert witness deposition is 7/17/20; Dispositive motions are due by 8/7/20. Mailed notice (ca, )
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Filing 233
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 2/13/20 is reset to 6/9/20 at 9:00 a.m.Mailed notice (ca, )
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Filing 232
ATTORNEY Appearance for Plaintiff Steven E. Berkheimer, Counter Defendant Steven E. Berkheimer by Steven P. Blonder (Blonder, Steven)
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Filing 231
STATUS Report Joint Status Report and Proposal For Case Management Schedule for Re-Opening of Fact Discovery by Hewlett-Packard Company (White, Jason)
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Filing 230
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 10/16/19. The parties report that the Supreme Court is still considering the petition for certiorari. Status hearing set for 2/13/20 at 9:00 a.m. Mailed notice (ca, )
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Filing 229
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 7/2/19. The parties report that the Supreme Court is still considering the motion for certiorari. Status hearing set for 10/16/19 at 9:00 a.m.Mailed notice (ca, )
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Filing 228
ORDER : For the reasons provided herein, the Court overrules Plaintiff's objections to Magistrate Judge Jeffrey T. Gilbert's Memorandum Opinion and Order denying Plaintiff leave to supplement his expert report on damages #176 . The Court also denies Plaintiff's motion for limited reopening of fact discovery #220 without prejudice to its refiling after the Supreme Court rules on whether to accept certiorari. Signed by the Honorable John Z. Lee on 7/1/19. [For further details see order].Mailed notice(ca, )
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Filing 227
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 6/18/19 is reset to 7/2/19 at 9:00 a.m.Mailed notice (ca, )
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Filing 226
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 3/7/19. The parties report that the Supreme Court will likely decide the petition for certiorari by June. The Court will rule on the pending objection to the magistrate judge's discovery order and the motion for additional discovery by the next status date. Status hearing set for 6/18/19 at 9:00 a.m.Mailed notice (ca, )
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Filing 225
OPPOSITION by Defendant Hewlett-Packard Company to Berkheimer's Motion to Reopen Discovery #220 . (White, Jason) Docket Text Modified by Clerk's Office on 2/25/2019 (jh, ).
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Filing 224
MINUTE entry before the Honorable John Z. Lee:Status and motion hearing held on 2/1/19. Defendant's response to Plaintiff's motion for limited reopening of fact discovery upon remand #220 shall be due by 2/22/19. Status hearing set for 3/7/19 at 9:15 a.m.Mailed notice (ca, )
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Filing 223
MINUTE entry before the Honorable John Z. Lee: In light of the expected weather conditions, the status and motion hearing set for 1/31/19 is reset to 2/1/19 at 9:00 a.m.Mailed notice (ca, )
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Filing 222
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 12/18/18. Plaintiff's motion for limited reopening of fact discovery upon remand from the Federal Circuit and for leave to amend or supplement the expert report on damages #220 is entered and continued for 1/31/19 at 9:00 a.m. Status hearing set for 1/31/19 at 9:00 a.m. Mailed notice (ca, )
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Filing 221
NOTICE of Motion by James P. Hanrath for presentment of before Honorable John Z. Lee on 12/18/2018 at 09:15 AM. (Hanrath, James)
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Filing 220
Motion for limited reopening of fact discovery upon remand from the Federal Circuit and for leave to amend or supplement expert report on damages by Steven E. Berkheimer (Attachments: #1 Exhibit Motion Exhibit 1, #2 Exhibit Motion Exhibit 2, #3 Exhibit Motion Exhibit 3, #4 Exhibit Motion Exhibit 4)(Hanrath, James)
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Filing 219
MINUTE entry before the Honorable John Z. Lee:By agreement of the parties, the status hearing set for 12/12/18 is reset to 12/18/18 at 9:15 a.m.Mailed notice (ca, )
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Filing 218
MINUTE entry before the Honorable John Z. Lee: Status hearing set for 12/12/18 at 9:15 a.m.Mailed notice (ca, )
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Filing 217
MANDATE of Federal Circuit dated 6/7/18 regarding notice of appeal #192 ;USCA No.17-1437 ; In accordance with the judgment of this Court, entered February 08, 2018, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. (ek, )
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Filing 216
USCA for the Federal Circuit ORDER dated 2/8/2018 Appeal # 2017-1437 Decided 2/8/2018 For the foregoing reasons, we affirm the district court's decision that claims 1019 of the '713 patent are invalid as indefinite and its grant of summary judgment that claims 13 and 9 of the '713 patent are ineligible under 35 U.S.C. 101. We vacate the district court's grant of summary judgment that claims 47 are ineligible under 101 and remand for further proceedings. AFFIRMED-IN-PART, VACATED-IN-PART, AND REMANDED (nsf, )
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Filing 215
MINUTE entry before the Honorable John Z. Lee:Joint motion to defer the deadline to file a motion for attorneys' fees and non-taxable costs until 45 days after the date the mandate is issued #213 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 214
NOTICE of Motion by Jason C. White for presentment of before Honorable John Z. Lee on 3/15/2017 at 09:00 AM. (White, Jason)
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Filing 213
MOTION by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company - Joint Motion to Defer The Deadline to File A Motion for Attorneys' Fees and Non-Taxable Costs (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 212
MINUTE entry before the Honorable John Z. Lee:Defendant's motion to seal #210 is granted. Defendant's joint statement and supporting exhibit may be filed under seal. No appearance is required on the motion.Mailed notice (ca, )
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Filing 211
NOTICE of Motion by Jason C. White for presentment of motion to seal #210 before Honorable John Z. Lee on 3/9/2017 at 09:00 AM. (White, Jason)
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Filing 210
MOTION by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company to seal Hewlett Packard Company's Motion to Seal Pursuant to Local Rule 26.2 (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 209
SEALED DOCUMENT by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company Joint Statement Pursuant to LR 54.3 (Attachments: #1 Exhibit)(White, Jason)
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Filing 208
MINUTE entry before the Honorable John Z. Lee:Joint motion for extension of time #206 is granted. Pursuant to Local Rule 54.3, the parties shall file a joint statement regarding attorney's fees by 3/3/17 and a corresponding motion for attorney's fees and related expenses by 3/23/17. No appearance is required on the motion.Mailed notice (ca, )
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Filing 207
NOTICE of Motion by Jason C. White for presentment of before Honorable John Z. Lee on 3/1/2017 at 09:00 AM. (White, Jason)
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Filing 206
MOTION by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company for extension of time Joint Motion for Extension of Time (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 205
RESPONSE by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company to bill of costs, #197 , objections #203 - Defendant Hewlett-Packard Company's Response to Plaintiff Steven E. Berkheimer's Objections to Defendant's Bill of Costs (Attachments: #1 Affidavit Declaration of Jason White In Support of HP's Resp to Pltff's Objs. to Def.'s Bill of Costs, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(White, Jason)
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Filing 204
MINUTE entry before the Honorable John Z. Lee:Defendant's response to Plaintiff's objections #203 are due by 2/7/17.Mailed notice (ca, )
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Filing 203
OBJECTIONS Plaintiff's Objections to Defendant's Bill of Costs and Incorporated Brief in Support (Loew, Jonathan)
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Filing 202
MINUTE entry before the Honorable John Z. Lee:Motion hearing held on 1/17/17. For the reasons stated on the record, Defendant's motion to seal pursuant to Local Rule 26.2 #199 is denied. Mailed notice (ca, )
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Filing 201
ATTORNEY Appearance for Plaintiff Steven E. Berkheimer, Counter Defendant Steven E. Berkheimer by Jonathan L. Loew Appearance of Jonathan L. Loew (Loew, Jonathan)
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Filing 200
NOTICE of Motion by Jason C. White for presentment of motion to seal document, motion for relief,,,, #199 before Honorable John Z. Lee on 1/17/2017 at 09:00 AM. (White, Jason)
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Filing 199
MOTION by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company to seal document bill of costs, #197 , sealed document, #198 Hewlett-Packard Company's Motion to Seal Pursuant to Local Rule 26.2 re ECF Nos. 197 and 198, SEALED Exhibits A, H, I and K to Defendant HP's Bill of Costs (Attachments: #1 Text of Proposed Order, #2 Notice of Filing)(White, Jason)
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Filing 198
SEALED DOCUMENT by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company SEALED Exhibits A, H, I and K in Support of ECF No. 197, Defendant HP's Bill of Costs (FILED UNDER SEAL) (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit K)(White, Jason)
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Filing 197
BILL of Costs Defendant HP's Bill of Costs - (Attachments: #1 Affidavit Declaration of Jason White In Support of the Submission of Bill of Costs for Defendant, #2 Exhibit A (UNDER SEAL), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H (UNDER SEAL), #10 Exhibit I (UNDER SEAL), #11 Exhibit J, #12 Exhibit K (UNDER SEAL))(White, Jason)
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Filing 196
USCA Notice of Docketing for the Federal Circuit; 17-1437. (bg, )
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Filing 195
NOTICE of Correction regarding #193 , #194 (ek, )
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Filing 194
TRANSMITTED to the Federal Circuit the short record on notice of appeal #192 . Notified counsel (ek, )
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Filing 193
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #192 (ek, )
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Filing 192
NOTICE of appeal by Steven E. Berkheimer regarding orders #188 , #123 , #187 , #122 , #189 Filing fee $ 505, receipt number 0752-12701339. (Hanrath, James)
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Filing 191
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the District Judge's dismissal of this case #187 , all matters relating to the referral of this case have been resolved. Referral terminated. Mailed notice (ber, )
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Filing 190
MAILED Patent report with certified copy of minute order dated 12/12/2016 to Patent Trademark Office, Alexandria VA. (Attachments: #1 certified copy of minute order, #2 memorandum) (bg, )
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Filing 189
ENTERED JUDGMENT Signed by the Courtroom Deputy on 12/12/16.Mailed notice(ca, ).
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Filing 188
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 12/12/16. Mailed notice(ca, ).
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Filing 187
MINUTE entry before the Honorable John Z. Lee: For the reasons stated in the memorandum opinion and order, the Court finds that Claims 1-7 and 9 of the '713 Patent are invalid for lack of patent eligibility under 35 U.S.C. 101. Defendant Hewlett-Packard Company's motion for summary judgment #155 is therefore granted. The status hearing set for 12/13/16 is stricken. This case is hereby terminated. [For further details see memorandum opinion and order.]Mailed notice (ca, ) Modified on 12/12/2016 (ca, ).
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Filing 186
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 10/11/16 is reset to 12/13/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 185
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 8/9/16 is reset to 10/11/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 184
MINUTE entry before the Honorable John Z. Lee:Defendant's motion to seal pursuant to Local Rule 26.2 #180 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 183
REPLY by Steven E. Berkheimer to Response, #179 and in support of Rule 72(a) Objections to the Magistrate's May 25, 2016 Memorandum Opinion and Order (Hanrath, James)
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Filing 182
SEALED EXHIBIT by Defendant Hewlett-Packard Company - Exhibit F regarding Response, #179 (White, Jason)
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Filing 181
NOTICE of Motion by Jason C. White for presentment of motion to seal #180 before Honorable John Z. Lee on 7/14/2016 at 09:00 AM. (White, Jason)
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Filing 180
MOTION by Defendant Hewlett-Packard Company to seal Exhibit F to HP's Response to Berkheimer's Objections to Magistrate Judge Gilbert's Findings (White, Jason)
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Filing 179
RESPONSE by Defendant Hewlett-Packard Company to Plaintiff's Objections to Magistrate Judge Gilbert's Findings (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(White, Jason)
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Filing 178
MINUTE entry before the Honorable John Z. Lee:Defendant's response to Plaintiff's Rule 72(a) objections to the Magistrate's May 25, 2016 memorandum opinion and order #176 shall be due by 7/1/16; reply if any is due by 7/8/16. No appearance is required on the motion.Mailed notice (ca, )
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Filing 177
NOTICE of Motion by James P. Hanrath for presentment of motion for miscellaneous relief,, #176 before Honorable John Z. Lee on 6/21/2016 at 09:00 AM. (Hanrath, James)
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Filing 176
MOTION by Plaintiff Steven E. Berkheimer, Counter Defendant Steven E. BerkheimerPlaintiff's Rule 72(a) Objections To The Magistrate's May 25, 2016 Memorandum Opinion And Order (Attachments: #1 Exhibit Objection Exhibit 1, #2 Exhibit Objection Exhibit 2, #3 Exhibit Objection Exhibit 3, #4 Exhibit Objection Exhibit 4, #5 Exhibit Objection Exhibit 5, #6 Exhibit Objection Exhibit 6, #7 Exhibit Objection Exhibit 7, #8 Exhibit Objection Exhibit 8)(Hanrath, James)
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Filing 175
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 6/7/16 is reset to 8/9/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 174
MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the District Judge's order #173 staying expert discovery pending the Court's ruling on HP's motion for summary judgment, this Court's order #170 setting a deadline for completion of expert depositions is vacated. The Court also strikes the status hearing set for 6/28/16. New dates will be set, if necessary, after the District Judge rules on HP's pending motion for summary judgment. The parties jointly should contact this Court's courtroom deputy after the District Judge decides the summary judgment motion if it is necessary to reset a date for completion of expert depositions. Mailed notice (ber, )
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Filing 173
MINUTE entry before the Honorable John Z. Lee: The joint motion to stay deadlines #171 is granted in part and denied in part. Expert discovery is stayed pending the Court's ruling on HP's motion for summary judgment. However, any objections to Magistrate Judge Gilbert's 5/25/16 order should be filed within 14 days of this order. Any responses to the objections are due 14 days thereafter. No appearance is required on the motion.Mailed notice (ca, )
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Filing 172
JOINT NOTICE of Motion by Jason C. White for presentment of motion to stay #171 before Honorable John Z. Lee on 6/1/2016 at 09:00 AM. (White, Jason)
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Filing 171
MOTION by Defendant Hewlett-Packard Company to stay Pending Resolution of HP's Motion for Summary Judgment - JOINT (White, Jason)
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Filing 170
MINUTE entry before the Honorable Jeffrey T. Gilbert: Consistent with the Court's prior order #153 , expert witness depositions shall be completed by 6/24/16. This matter is set for status hearing on 6/28/16 at 10:15 a.m. Mailed notice (ber, )
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Filing 169
MEMORANDUM Opinion and Order. Signed by the Honorable Jeffrey T. Gilbert on 5/25/2016. Mailed notice (ber, )
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Filing 168
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages [ECF No. 136] is denied. HP's Motion for Leave to File Sur-Reply [ECF No. 145] is granted. Enter Memorandum Opinion and Order. Mailed notice (ber, )
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Filing 167
RESPONSE by Defendant Hewlett-Packard Company to Rule 56 statement, #164 (White, Jason)
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Filing 166
REPLY by Hewlett-Packard Company to response in opposition to motion,,, #163 (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)(White, Jason)
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Filing 165
NOTICE by Steven E. Berkheimer re response in opposition to motion,,, #163 , MOTION by Defendant Hewlett-Packard Company, Counter Claimant Hewlett-Packard Company for summary judgment Hewlett-Packard Company's Motion for Summary Judgment Under 35 U.S.C. 101 #155 Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit Notice Exhibit 1)(Hanrath, James)
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Filing 164
RULE 56 LR56.1(b) Statement by Steven E. Berkheimer regarding motion for summary judgment,, #155 Plaintiff's LR56.1(b) Response and Statement (Attachments: #1 Exhibit 1 - Declaration, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hanrath, James)
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Filing 163
RESPONSE by Steven E. Berkheimerin Opposition to MOTION by Defendant Hewlett-Packard Company, Counter Claimant Hewlett-Packard Company for summary judgment Hewlett-Packard Company's Motion for Summary Judgment Under 35 U.S.C. 101 #155 (Attachments: #1 Exhibit Response Exhibit A, #2 Exhibit Response Exhibit B, #3 Exhibit Response Exhibit C, #4 Exhibit Response Exhibit D, #5 Exhibit Response Exhibit E, #6 Exhibit Response Exhibit F, #7 Exhibit Response Exhibit G, #8 Exhibit Response Exhibit H, #9 Exhibit Response Exhibit I, #10 Exhibit Response Exhibit J, #11 Exhibit Response Exhibit K, #12 Exhibit Response Exhibit L, #13 Exhibit Response Exhibit M, #14 Exhibit Response Exhibit N, #15 Exhibit Response Exhibit O, #16 Exhibit Response Exhibit P, #17 Exhibit Response Exhibit Q, #18 Exhibit Response Exhibit R)(Hanrath, James)
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Filing 162
MINUTE entry before the Honorable John Z. Lee:The status hearing previously set for 5/4/16 is stricken. Mailed notice (ca, )
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Filing 161
MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 4/7/16. Defendant's motion to seal #158 is granted. Plaintiff's response to Defendant's motion for summary judgment #155 is due by 5/5/16; reply due by 5/19/16; ruling will be by mail. A status hearing is set for 6/7/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 160
NOTICE of Motion by Jason C. White for presentment of motion to seal #158 before Honorable John Z. Lee on 4/7/2016 at 09:00 AM. (White, Jason)
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Filing 159
SEALED EXHIBIT by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company [SEALED EXHIBITS C and D to ECF 155] regarding MOTION by Defendant Hewlett-Packard Company, Counter Claimant Hewlett-Packard Company for summary judgment Hewlett-Packard Company's Motion for Summary Judgment Under 35 U.S.C. 101 #155 (Attachments: #1 Exhibit C (SELAED VERSION), #2 Exhibit D (SEALED VERSION))(White, Jason)
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Filing 158
MOTION by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company to seal Hewlett-Packard Company's Motion to Seal Pursuant to Local Rule 26.2 (White, Jason)
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Filing 157
Hewlett-Packard Company's Statement Of Undisputed Material Facts In Support Of Its Motion For Summary Judgment Under 35 U.S.C. 101 STATEMENT by Hewlett-Packard Company [Filed in Support of ECF 155] (Attachments: #1 Exhibit 1)(White, Jason)
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Filing 156
NOTICE of Motion by Jason C. White for presentment of motion for summary judgment,, #155 before Honorable John Z. Lee on 4/7/2016 at 09:00 AM. (White, Jason)
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Filing 155
MOTION by Defendant Hewlett-Packard Company, Counter Claimant Hewlett-Packard Company for summary judgment Hewlett-Packard Company's Motion for Summary Judgment Under 35 U.S.C. 101 (Attachments: #1 Exhibit Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C (Slipsheet Only), #5 Exhibit D (Slipsheet Only), #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Affidavit Declaration of Nicholas A. Restauri)(White, Jason)
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Filing 154
MINUTE entry before the Honorable John Z. Lee: In light of the proceedings before Magistrate Judge Gilbert, the status hearing set for 3/10/16 is reset to 5/4/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 153
MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties' Joint Motion for Extension of Time to Complete Discovery #151 is granted. Depositions of expert witnesses are to be completed by 4/15/16, or within thirty (30) days after the Court's ruling on Berkheimer's Motion #136 , whichever is later in time. The motion hearing noticed for 2/23/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 152
NOTICE of Motion by Jason C. White for presentment of extension of time #151 before Honorable Jeffrey T. Gilbert on 2/23/2016 at 09:15 AM. (White, Jason) Modified on 2/18/2016 (tt, ).
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Filing 151
MOTION by Defendant Hewlett-Packard Company for extension of time to Complete Expert Discovery - JOINT (White, Jason)
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Filing 150
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Hewlett-Packard Company's Motion to Seal Pursuant to Local Rule 26.2 #143 is granted. Defendant HP is permitted to file under seal Exhibits A and B to Exhibit 1, HP's Sur-Reply in Opposition to Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages. Defendant HP's Motion for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages #145 is taken under advisement. The motion hearing noticed for 2/4/16 at 9:45 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 149
SEALED EXHIBIT by Defendant Hewlett-Packard Company regarding MOTION by Defendant Hewlett-Packard Company for leave to file Sur-Reply to Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages #145 (White, Jason)
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Filing 148
SEALED EXHIBIT by Defendant Hewlett-Packard Company regarding MOTION by Defendant Hewlett-Packard Company for leave to file Sur-Reply to Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages #145 (White, Jason)
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Filing 147
AMENDED NOTICE of Motion by Jason C. White for presentment of motion to seal document #143 before Honorable Jeffrey T. Gilbert on 2/4/2016 at 09:15 AM. (White, Jason)
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Filing 146
NOTICE of Motion by Jason C. White for presentment of motion for leave to file, #145 before Honorable Jeffrey T. Gilbert on 2/4/2016 at 09:15 AM. (White, Jason)
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Filing 145
MOTION by Defendant Hewlett-Packard Company for leave to file Sur-Reply to Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages (Attachments: #1 Exhibit 1 - Sur-Reply to Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages, #2 Exhibit A - Redacted, #3 Exhibit B - Redacted, #4 Exhibit C, #5 Exhibit D)(White, Jason)
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Filing 144
NOTICE of Motion by Jason C. White for presentment of motion to seal document #143 before Honorable John Z. Lee on 2/2/2016 at 09:00 AM. (White, Jason)
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Filing 143
MOTION by Defendant Hewlett-Packard Company to seal document (White, Jason)
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Filing 142
ATTORNEY Appearance for Plaintiff Steven E. Berkheimer by Paul J Skiermont (Skiermont, Paul)
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Filing 141
REPLY by Steven E. Berkheimer to memorandum in opposition to motion #140 , MOTION by Plaintiff Steven E. Berkheimer for leave to file Supplement Expert Report on Damages #136 Reply In Support of Plaintiff's Motion For Leave to Amend or Supplement Expert Report on Damages (Attachments: #1 Exhibit Reply Exhibit 1, #2 Exhibit Reply Exhibit 2)(Hanrath, James)
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Filing 140
MEMORANDUM by Hewlett-Packard Company in Opposition to motion for leave to file, #136 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(White, Jason)
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Filing 139
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court sets the following briefing schedule on Plaintiff's Motion for Leave to Amend or Supplement Expert Report on Damages #136 . Defendant will file its response today, 1/4/16. Plaintiff will reply by 1/11/16. The Court either will rule via the CM/ECF system or set the matter for an in-court hearing. The motion hearing noticed for 1/5/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 138
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Joint Motion for Extension of Time to Complete Expert Discovery #132 is granted. Depositions of expert witness are to be completed by 2/26/16. The motion hearing on Plaintiff's Joint Motion #132 noticed for 1/5/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 137
NOTICE of Motion by James P. Hanrath for presentment of motion for leave to file, #136 before Honorable Jeffrey T. Gilbert on 1/5/2016 at 09:15 AM. (Hanrath, James)
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Filing 136
MOTION by Plaintiff Steven E. Berkheimer for leave to file Supplement Expert Report on Damages (Attachments: #1 Exhibit Motion Exhibit 1, #2 Exhibit Motion Exhibit 2, #3 Exhibit Motion Exhibit 3, #4 Exhibit Motion Exhibit 4, #5 Exhibit Motion Exhibit 5)(Hanrath, James)
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Filing 135
Revised NOTICE of Motion by James P. Hanrath for presentment of extension of time #132 before Honorable Jeffrey T. Gilbert on 1/5/2016 at 09:15 AM. (Hanrath, James)
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Filing 134
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 12/22/15. Plaintiff should notice up the motion for extension of time to complete discovery #132 before Magistrate Judge Gilbert. Any motion to supplement should also be noticed up before Judge Gilbert. Status hearing set for 3/10/16 at 9:00 a.m. No appearance is required on 1/6/16. Mailed notice (ca, )
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Filing 133
Agreed NOTICE of Motion by James P. Hanrath for presentment of extension of time #132 before Honorable John Z. Lee on 1/6/2016 at 09:15 AM. (Hanrath, James)
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Filing 132
MOTION by Plaintiff Steven E. Berkheimer for extension of time to complete expert discovery (joint motion) (Hanrath, James)
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Filing 131
MINUTE entry before the Honorable John Z. Lee: Status hearing set for 12/22/2015 at 9:15 a.m.Mailed notice (ca, )
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Filing 130
MINUTE entry before the Honorable John Z. Lee:Motion for withdrawal of counsel #127 is granted. Daniel Johnson is granted leave to withdraw his appearance. No appearance is required on the motion.Mailed notice (ca, )
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Filing 129
MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties' Joint Motion for Extension of Time to Serve Rebuttal Expert Reports #125 is granted. The deadline for serving rebuttal expert reports is extended to 11/30/15. The motion hearing noticed for 10/27/15 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 128
NOTICE of Motion by Scott D. Sherwin for presentment of motion to withdraw as attorney #127 before Honorable John Z. Lee on 11/3/2015 at 09:00 AM. (Sherwin, Scott)
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Filing 127
MOTION by Attorney Daniel Johnson to withdraw as attorney for Hewlett-Packard Company. No party information provided (Sherwin, Scott)
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Filing 126
Joint NOTICE of Motion by Jason C. White for presentment of extension of time #125 before Honorable Jeffrey T. Gilbert on 10/27/2015 at 09:15 AM. (White, Jason)
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Filing 125
MOTION by Defendant Hewlett-Packard Company for extension of time to Serve Rebuttal Expert Reports - JOINT (White, Jason)
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Filing 124
ATTORNEY Appearance for Defendant Hewlett-Packard Company by Nicholas A. Restauri (Restauri, Nicholas)
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Filing 123
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 8/21/15Mailed notice(ca, ).
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Filing 122
MINUTE entry before the Honorable John Z. Lee: The ten disputed claim terms and the order of steps are construed as set forth in the Memorandum Opinion and Order. [For further details see memorandum opinion and order.] Mailed notice (ca, )
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Filing 121
ORDER: Plaintiff's Motion for Protective Order [ECF 111] is denied. Plaintiff is ordered to produce the documents at issue. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 3/23/2015. Mailed notice (ber, )
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Filing 120
MINUTE entry before the Honorable John Z. Lee: Defendant's Motion to Substitute Exhibit #117 is granted. No appearance is necessary on the motion. Mailed notice (ca, )
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Filing 119
REPLY by Steven E. Berkheimer to response in opposition to motion, #116 for Protective Order (Hanrath, James)
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Filing 118
NOTICE of Motion by Thomas R. Davis for presentment of motion for miscellaneous relief, #117 before Honorable John Z. Lee on 2/10/2015 at 09:00 AM. (Davis, Thomas)
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Filing 117
MOTION by Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard CompanyTo Substitute Exhibit - Agreed Motion By Defendant Hewlett-Packard Company to Substitute Exhibit No. 7 (ECF 116-7) To Its Opposition to Plaintiff's Motion for Protective Order (Attachments: #1 Exhibit No. 7)(Davis, Thomas)
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Filing 116
DEFENDANT Hewlett-Packard Company's Opposition to Plaintiff's Motion for Protective Order. (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)(Levy, David.) Docket Text Modified by Clerks Office on 1/30/2015 (jh, ). Per order entered 2/9/15 Attachment 7 replaced on 3/5/2015.
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Filing 115
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 1/27/15. The parties anticipate finishing fact discovery by the current deadline of 1/30/15, subject to the Court's ruling on Plaintiff's Motion for Protective Order #111 . Under the local patent rules, expert disclosures are to be made 30 days after the later of the close of fact discovery or a claim construction ruling. The parties agree that the pending Motion for Protective Order should not affect the close of fact discovery even if Defendant seeks leave to take an additional third party deposition in the event the Motion is not granted. Accordingly, the party with the burden of proof shall make its expert disclosures 30 days after the claim construction ruling. The Court will set a further status hearing date after the order on the claim construction ruling is entered. Mailed notice (ber, )
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Filing 114
MINUTE entry before the Honorable John Z. Lee:Motion for withdrawal of counsel #112 is granted, attorney David N. Patariu is granted leave to withdraw his appearance. No appearance is required on the motion.Mailed notice (ca, )
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Filing 113
NOTICE of Motion by Scott D. Sherwin for presentment of motion to withdraw #112 before Honorable John Z. Lee on 1/29/2015 at 09:00 AM. (Sherwin, Scott)
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Filing 112
MOTION by Defendant Hewlett-Packard Company to withdraw David Patariu as Counsel of Record (Sherwin, Scott)
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Filing 111
MOTION by Plaintiff Steven E. Berkheimer for protective order (Attachments: #1 Exhibit A)(Hanrath, James)
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Filing 110
Notice of Supplemental Authority by Hewlett-Packard Company (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Jason)
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Filing 109
MINUTE entry before the Honorable John Z. Lee:Defendant's motion for withdrawal of counsel #107 is granted, attorney Mansi H Shah is granted leave to withdraw his appearance. No appearance is required on the motion.Mailed notice (ca, )
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Filing 108
NOTICE of Motion by Mansi H Shah for presentment of motion to withdraw as attorney #107 before Honorable John Z. Lee on 1/14/2015 at 09:00 AM. (Shah, Mansi)
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Filing 107
MOTION by counsel for Counter Claimant Hewlett-Packard Company, Defendant Hewlett-Packard Company to withdraw as attorney (Shah, Mansi)
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Filing 106
ATTORNEY Appearance for Defendant Hewlett-Packard Company by Scott D. Sherwin (Sherwin, Scott)
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Filing 105
AGREED ORDER. Signed by the Honorable Jeffrey T. Gilbert on 12/30/2014. Mailed notice (ber, )
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Filing 104
MINUTE entry before the Honorable Jeffrey T. Gilbert: Enter Agreed Order per the Court's Minute Entry dated 12/16/14 #102 . Mailed notice (ber, )
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Filing 103
TRANSCRIPT OF PROCEEDINGS held on 11/7/14 before the Honorable John Z. Lee. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. |
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Filing 102
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 12/16/14 and continued to 1/27/15 at 11:15 a.m. The parties shall meet and confer about the reported common interest privilege issue raise by Plaintiff concerning documents produced by third party Intellectual Ventures. If the issue not resolved, Plaintiff will file a motion for protective order on or before 1/16/15. Plaintiff will submit in-camera the disputed documents with the motion for protective order. Defendant will respond 14 days after. Plaintiff will reply 7 days thereafter. The Court will set the motion for hearing in a future order or rule via CM/ECF. The Court grants the parties' oral request to extend the fact discovery deadline to 1/30/15 for the purpose of allowing the parties to complete the discovery that was discussed on record. The parties shall submit to the Court's proposed order email address by 12/23/14 an agreed order that, consistent with the discussion on the record, identifies the particular discovery tasks that are to be completed by 1/30/15. If there are any disputes about that topic, counsel shall explain the disputes in the email that accompanies the proposed order. Mailed notice (ber, )
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Filing 101
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 11/17/14 and continued to 12/16/14 at 10:30 a.m. Counsel reported on the status of discovery including depositions of parties and third-parties. Fact discovery currently is set to close on 12/19/14. If the parties need more time to finish the depositions they are in in the process of taking and scheduling, they should file an agreed motion and stipulation to extend the fact discovery deadline. The Court will enter an order memorializing the parties' proposed discovery deadline if it is along the lines discussed in open court and reset the next status hearing accordingly. Mailed notice (ber, )
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Filing 100
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the status hearing set for 11/17/14 at 9:45 a.m. is reset to 11/17/14 at 10:00 a.m. This is a change in time only. Mailed notice (ber, )
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Filing 99
MINUTE entry before the Honorable Jeffrey T. Gilbert: The status hearing set for 11/12/14 at 1:15 p.m. is reset to 11/17/14 at 9:45 a.m. Mailed notice (ber, )
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Filing 98
MINUTE entry before the Honorable John Z. Lee: Claim Construction hearing held on 11/7/14.Mailed notice (ca, )
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Filing 97
MINUTE entry before the Honorable John Z. Lee: The previous order regarding the claim construction hearing is amended as follows. After the presentation of the tutorials, the Court will proceed to hear argument from both sides on a term by term basis. Plaintiff Steven Berkheimer will go first and present argument as to the disputed term A, followed by Defendant Hewlett -Packard Co. as to disputed term A, and so on through disputed term E. Defendant Hewlett-Packard will then present argument as to disputed term F, followed by Plaintiff Steven Berkheimer as to disputed term F, and so on. Each side will have up to 60 minutes total to address all of the disputed terms. Time will be kept. There will be a one-hour lunch break at 12:00 p.m. Mailed notice (ca, )
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Filing 96
MINUTE entry before the Honorable John Z. Lee: Having reviewed the claim construction briefs and the LPR 4.2(f) status report, the Court will proceed with the claim construction hearing in two parts. First, each side will be provided up to 15 minutes to present a brief tutorial. Defendant Hewlett -Packard Co. will go first, followed by Plaintiff Steven Berkheimer. After the presentation of the tutorials, the Court will proceed to hear argument from both sides on a term by term basis. Defendant Hewlett-Packard Co. will go first and present its argument as to the first disputed term, followed by Plaintiff Steven Berkheimer. Hewlett-Packard will then address the second disputed term, and so on. Each side will have up to 60 minutes total for this portion of the hearing to address all ten disputed terms. Time will be kept. There will be a one-hour lunch break at 12:00 p.m. Mailed notice (ca, )
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Filing 95
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the status hearing set for 11/6/14 at 10:00 a.m. is reset to 11/12/14 at 1:15 p.m. If this date and time chosen by the Court on its own accord presents an irreconcilable conflict for any party or counsel, then counsel JOINTLY shall call the Court's Courtroom Deputy to reschedule the matter to a date and time convenient for counsel and the Court. Mailed notice (ber, )
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Filing 94
MINUTE entry before the Honorable John Z. Lee: The claim construction hearing scheduled for 11/7/14 will take place in Judge St. Eve's courtroom 1241.Mailed notice (ca, )
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Filing 93
MINUTE entry before the Honorable John Z. Lee: The Court sua sponte reschedules the claim construction hearing previously set for 10/10/14 to 11/7/14 at 10:00 a.m. Mailed notice (ca, )
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Filing 92
MINUTE entry before the Honorable John Z. Lee: The claim construction hearing set for 10/9/14 is reset to 10/10/14 at 1:30 p.m.Mailed notice (ca, )
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Filing 91
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 9/22/14 and continued to 11/6/14 at 10:00 a.m. The Court has reviewed the parties' Joint Status Report #90 . Based upon the parties' agreement on a deposition schedule, fact discovery is extended to 12/19/14. Mailed notice (ber, )
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Filing 90
JOINT STATUS Report by Steven E. Berkheimer and Hewlett-Packard Company. (ber, )
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Filing 89
STATUS Report (Revised Joint Claim Construction Status Report) by Steven E. Berkheimer (Hanrath, James)
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Filing 88
REQUEST for Clerk of Court to refund filing fee in the amount of $100.00, receipt no. 0752-9819089 and 0752-9819158, Defendant Hewlett-Packard Company's Request for the Clerk of Court to Refund Filing Fees (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Levy, David.)
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Filing 87
MINUTE entry before the Honorable John Z. Lee:Motions for leave to appear pro hac vice by Thomas R. Davis #84 , Daniel Johnson, Jr. #85 and David J. Levy #86 are granted. Mailed notice (ca, )
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Filing 86
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9819219. Motion for Leave to Appear Pro Hac Vice, David J. Levy for Defendant Hewlett-Packard Company (Levy, David.)
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Filing 85
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9819126. Motion for Leave to Appear Pro Hac Vice, Daniel Johnson, Jr. for Defendant Hewlett-Packard Company (Johnson, Daniel)
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Filing 84
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9818935. Motion for Leave to Appear Pro Hac Vice, Thomas R. Davis for Defendant Hewlettt-Packard Company (Davis, Thomas)
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Filing 83
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/29/14 and continued to 9/22/14 at 10:00 a.m. The parties reported they have resolved their dispute about the production of the Exstream metadata. Defendant has agreed to produce the metadata as requested by Plaintiff without prejudice to its position that the metadata is not relevant or reasonably calculated to lead to the discovery of admissible evidence and its position with respect to burden and proportionality. Defendant will attempt provide the full metadata download by 9/10/14, or as soon thereafter as possible. Plaintiff and his expert will have access to it thereafter. By 9/19/14, both parties will complete their production of documents to already served requests for production of documents. The parties shall meet and confer by 9/17/14 concerning a proposed schedule for fact depositions. By the close of business on 9/17/14, Plaintiff shall submit to Defendant, with a copy submitted to the Court's chambers, a proposed deposition schedule and a proposed fact discovery close date and Defendant shall submit to Plaintiff, with a copy submitted to the Court's chambers, a proposed schedule for the two depositions it would like to take. The Court anticipates resetting the fact discovery close date on 9/22/14 informed by a schedule for the fact depositions both parties wish to take. Mailed notice (ber, )
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Filing 82
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 8/27/14. The parties report that they are addressing discovery issues with Magistrate Judge Gilbert. The parties should file a revised claim construction status report by 9/19/14. The claim construction hearing set for 9/11/14 is reset to 10/9/14 at 10:00 a.m. Mailed notice (ca, )
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Filing 81
STATUS Report Joint Claim Construction Status Report by Steven E. Berkheimer (Hanrath, James)
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Filing 80
Reply Claim Construction Brief by Hewlett-Packard Company (Attachments: #1 Supplemental Declaration of Dr. Dan Schonfeld)(White, Jason)
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Filing 79
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/12/14 and continued to 8/29/14 at 9:30 a.m. The parties reported on their progress in discovery. By 8/22/14, Defendant will produce the documents it is producing in response to Plaintiff's second request for production of documents and any documents referenced in Defendant's interrogatory responses. At the next status hearing, the parties will report on their progress on the source code metadata issue discussed during this morning's status hearing. Mailed notice (ber, )
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Filing 78
RESPONSE by Plaintiff Steven E. Berkheimer to other, #73 Plaintiff's Responsive Claim Construction (Hanrath, James)
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Filing 77
PROTECTIVE Order Signed by the Honorable Jeffrey T. Gilbert on 7/15/2014. Mailed notice (ber, )
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Filing 76
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone conference held on 7/14/14 concerning the wording in the parties' proposed Protective Order. Enter Protective Order. Mailed notice (ber, )
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Filing 75
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' proposed Protective Order and it has a question concerning the last paragraph on page 7 of that order. A telephone conference is set for 7/14/14 at 9:30 a.m. Counsel shall call each other, and then jointly call chambers at 312-435-5672. Mailed notice (ber, )
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Filing 74
Joint Appendix for Claim Construction by Hewlett-Packard Company (White, Jason)
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Filing 73
Opening Claim Construction Brief by Hewlett-Packard Company (Attachments: #1 Exhibit DX 1, #2 Exhibit DX 2, #3 Exhibit DX 3, #4 Exhibit DX 4, Schonfeld Decl., #5 Exhibit DX 4, Schonfeld Decl., Appendix 1, #6 Exhibit DX 4, Schonfeld Decl., Appendix 2)(White, Jason)
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Filing 72
ORDER: The Court resolved the two remaining issues relating to the entry of a Protective Order that were presented in the parties' Second Joint Status Report Regarding Defendant Hewlett-Packard Company's Motion to Modify the Default Protective Order [DE#68]. This concludes the series of hearings the Court has held on Plaintiff's Motion to Compel Production of Documents [DE#41] and Defendant's Motion to Amend Default Protective Order [DE#48]. The Court now has resolved all of the issues raised in those two Motions. See Docket Entries #41 , #46 , #47 , #48 , #56 , #59 , #60 , #66 , #67 , #68 . Status hearing set for 8/12/14 at 11:00 a.m. for a report on the parties' progress in discovery. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 6/23/2014. Mailed notice (ber, )
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Filing 71
MINUTE entry before the Honorable Jeffrey T. Gilbert: This matter is set for continued hearing on Defendant's Motion to Modify the Default Protective Order #48 and to resolve the issues raised in the parties' Second Joint Status Report Regarding Defendant's Motion to Modify the Default Protective Order #68 on 6/23/14 at 9:30 a.m. Mailed notice (ber, )
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Filing 70
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision.(ca, )Mailed notice.
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Filing 69
MINUTE entry before the Honorable John Z. Lee: In light of the continuing proceedings before Judge Gilbert, the status hearing previously set for 6/17/14 is reset to 8/27/14 at 9:00 a.m. This case is referred to Magistrate Judge Gilbert for discovery supervision.Mailed notice (ca, )
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Filing 68
STATUS Report re Motion to Modify Default Protective Order by Hewlett-Packard Company (Attachments: #1 Text of Proposed Order Ex. A HP's Version of the Protective Order, #2 Text of Proposed Order Ex. B Berkheimer's Redlined Version of the Protective Order)(White, Jason)
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Filing 67
MINUTE entry before the Honorable Jeffrey T. Gilbert: Continued hearing held on 6/2/14 with respect to the form of the protective order to be entered in this case, specifically with respect to the appropriate protocol for viewing and printing copies of portions of the source code relating to Defendant's Exstream product in accordance with the Court's order of 4/7/14. Defendant shall submit to Plaintiff a revised draft protective order by 6/4/14 consistent with the Court's rulings this morning. The parties shall submit a revised proposed protective order consistent with the Court's rulings to the Court's proposed order email by 6/11/14. If there are still disagreements, the parties shall file a joint statement with respect to each party's position on 6/11/14. The Court will set a hearing concerning those disagreements as necessary before entering the protective order. Motion hearing held on Plaintiff Steven E. Berkheimer's Motion for Extension of Time to Complete Discovery and Compel Depositions #61 . For the reasons stated on the record, Plaintiff's Motion Compel Depositions is denied without prejudice. Plaintiff's Motion for Extension of Time to Complete Discovery is granted for the reasons stated on the record. The discovery cut-off date is extended to 9/26/14. Mailed notice (ber, )
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Filing 66
STATUS Report re Motion to Modify the Default Protective Order by Hewlett-Packard Company (White, Jason)
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Filing 65
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion for Extension of Time to Complete Fact Discovery and Compel Depositions #61 has been referred to Magistrate Judge Gilbert. Motion hearing set for 6/2/14 at 9:45 a.m. Mailed notice (ber, )
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Filing 64
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: Motion for extension of time to complete discovery #61 .(ca, ). Mailed notice.
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Filing 63
MINUTE entry before the Honorable John Z. Lee:Motion to extend fact discovery and compel productions #61 is referred to Magistrate Judge Gilbert. Judge Gilbert may modify any discovery deadlines if he deems it necessary and appropriate. No appearance is required on the motion. Mailed notice (ca, )
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Filing 62
NOTICE of Motion by James P. Hanrath for presentment of motion for extension of time to complete discovery #61 before Honorable John Z. Lee on 5/27/2014 at 09:00 AM. (Hanrath, James)
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Filing 61
MOTION by Plaintiff Steven E. Berkheimer for extension of time to complete discovery and Compel Depositions (Attachments: #1 Exhibit A)(Hanrath, James)
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Filing 60
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the status hearing set for 5/16/14 is stricken and reset to 6/2/14 at 9:45 a.m. By 5/28/14, the parties shall file a status report concerning the parties' respective positions concerning the form of protective order to be entered in this case relating to Defendant's source code for its Exstream product in accordance with the Court's order of 4/7/14 #56 after the parties complete the procedure established by the Court's order on 4/16/14 #59 . Mailed notice (ber, )
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Filing 59
MINUTE entry before the Honorable Jeffrey T. Gilbert: Continued hearing held on 4/16/14 with respect to the form of the protective order to be entered in this case relating to Defendant's source code for its Exstream product in accordance with the Court's order of 4/7/14 #56 . Defendant shall make available to Plaintiff's counsel and expert(s) as soon as practicable the source code for Defendant's Exstream product on a standalone computer in the offices of Defendant's counsel as discussed at the conclusion of today's hearing. No printing, copying, note taking or work on the expert report shall occur during this initial viewing. The purpose of this viewing is (1) to see whether the tools Defendant proposes to install on the computer for viewing and searching the source code are acceptable to Plaintiff's expert(s), and (2) to get input from the expert(s) on what the expert(s) need(s) to do to analyze effectively the source code and prepare a report. That information, in turn, can be factored into an appropriate protocol for viewing, and printing copies of portions of, the source code in the modified protective order that the Court will enter in this case. Continued hearing set for 5/16/14 at 1:15 p.m. Mailed notice (ber, )
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Filing 58
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the hearing on Defendant's Motion Modify the Default Protective Order set for 4/15/14 at 10:45 a.m. is reset to 4/16/14 at 10:15 a.m. Mailed notice (ber, )
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Filing 57
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 4/8/14. The parties report that they are proceeding with discovery and depositions are scheduled. Status hearing set for 6/17/14 at 9:00 a.m.Mailed notice (ca, )
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Filing 56
ORDER: Defendant's Motion to Modify the Default Protective Order #48 is granted. The Court is inclined to enter Defendant's proposed protective order in large part but, as discussed in the Statement attached, it has questions about the protocol for printing, copying and using copies that are made of the source code. Accordingly, Defendant's Motion to Modify the Default Protective Order is set for hearing on that issue on 4/15/14 at 10:45 a.m. See Statement attached for further details. Signed by the Honorable Jeffrey T. Gilbert on 4/7/2014. Mailed notice (ber, )
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Filing 55
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Hewlett-Packard Companys Motion to Amend Default Protective Order #48 is taken under advisement. The Court will either rule via CM-ECF or set this matter for ruling at a later date. Motion hearing set for 4/1/14 at 10:45 a.m. is stricken with no appearance required. Mailed notice (ber, )
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Filing 54
REPLY by Defendant Hewlett-Packard Company to response in opposition to motion #53 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(White, Jason)
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Filing 53
RESPONSE by Steven E. Berkheimerin Opposition to MOTION by Defendant Hewlett-Packard Company for protective order #48 (Attachments: #1 Appendix Response Appendix 1)(Hanrath, James)
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Filing 52
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: Defendant's motion to amend default protective order #48 .(ca, ).Mailed notice.
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Filing 51
MINUTE entry before the Honorable John Z. Lee: Defendant's motion to modify default protective order #48 is referred to Magistrate Judge Gilbert for disposition. No appearance is necessary before this Court on 3/20/14. Mailed notice (ca, )
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Filing 50
NOTICE of Motion by Jason C. White for presentment of motion for protective order #48 before Honorable John Z. Lee on 3/20/2014 at 09:00 AM. (White, Jason)
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Filing 49
MEMORANDUM by Hewlett-Packard Company in support of motion for protective order #48 (Attachments: #1 Appendix A, #2 Appendix 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, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26)(White, Jason)
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Filing 48
MOTION by Defendant Hewlett-Packard Company for protective order (White, Jason)
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Filing 47
MINUTE entry before the Honorable Jeffrey T. Gilbert: Continued motion hearing held on 3/5/14 on Plaintiff Steven E. Berkheimer's Motion to Compel Production of Documents #41 . Defendant reports it has produced certain documents requested in the Motion as referenced on 2/24/14 #46 . The parties have one remaining issue as to that production that it appears they will be able to resolve themselves. The parties have not resolved their dispute concerning an acceptable method for Defendant to produce the source code. On or before 3/14/14, Defendant shall file a motion for protective order on that issue. Plaintiff shall file his response on or before 3/21/14. Defendant shall file its reply on or before 3/25/14. If Defendant's motion for a protective order is referred to Magistrate Judge Gilbert for decision, it will be heard on 4/1/14 at 10:45 a.m. or such other date and time as the Court may set in a future order. Mailed notice (ber, )
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Filing 46
MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 2/24/14 on Plaintiff Steven E. Berkheimer's Motion to Compel Production of Documents #41 . For the reasons stated on the record, Plaintiff's motion is entered and continued to 3/5/14 at 1:15 p.m. Defendant has agreed to produce certain documents requested in the Motion today and others by Friday, 2/28/14. At the next court hearing, the parties will report on whether those documents have been produced and whether the parties have resolved their dispute concerning an acceptable method for Defendant to produce the source code. If the parties have not resolved that dispute, the Court will set short dates for the parties to submit responsive or perhaps cross briefs on that issue. If there is no need for the hearing on 3/5/14 and counsel together so inform the Court's courtroom deputy, then the hearing will be stricken. Mailed notice (ber, )
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Filing 45
MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purpose of holding proceedings related to: Plaintiff's Motion to Compel Production of Documents #41 . Plaintiff's motion will be heard on 2/24/14 at 9:45 a.m. Mailed notice (ber, )
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Filing 44
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: Plaintiff's motion to compel production of documents #41 .(ca, )Mailed notice.
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Filing 43
MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion to compel production of documents #41 is referred to Magistrate Judge Gilbert. No appearance is required on 2/20/14. Mailed notice (ca, )
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Filing 42
NOTICE of Motion by James P. Hanrath for presentment of motion to compel #41 before Honorable John Z. Lee on 2/20/2014 at 09:00 AM. (Hanrath, James)
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Filing 41
MOTION by Plaintiff Steven E. Berkheimer to compel production of documents (Hanrath, James)
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Filing 40
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 1/8/14. The parties report that they are proceeding with discovery. Status hearing set for 4/8/14 at 9:00 a.m. at which time the parties are to report whether they believe a settlement conference will be helpful.Mailed notice (ca, )
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Filing 39
ANSWER to counterclaim by Steven E. Berkheimer(Hanrath, James)
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Filing 38
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hewlett-Packard Company (White, Jason)
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Filing 37
ANSWER to amended complaint , Affimative Defenses, and COUNTERCLAIM filed by Hewlett-Packard Company against Steven E. Berkheimer . by Hewlett-Packard Company(White, Jason)
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Filing 36
SCHEDULING ORDER Signed by the Honorable John Z. Lee on 10/15/13Mailed notice(ca, ).
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Filing 35
MINUTE entry before Honorable John Z. Lee: Status hearing held on 10/10/13. The Court will enter a scheduling order with the dates discussed on the record. Status hearing set for 1/8/14 at 9:00 a.m. Mailed notice (ca, )
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Filing 34
ORDER Signed by the Honorable John Z. Lee on 9/18/13.Mailed notice(ca, )
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Filing 33
MINUTE entry before Honorable John Z. Lee: As set forth in the attached Order, Defendant Hewlett-Packard Company's Motion to Dismiss Plaintiff Steven E. Berkheimer's Amended Complaint #23 is granted in part and denied in part. Status hearing set for 10/10/13 at 9:00 a.m. [For further details see separate order.]Mailed notice (ca, )
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Filing 32
MINUTE entry before Honorable John Z. Lee: In light of the pending motion to dismiss, the status hearing set for 5/21/13 is stricken. The Court will set a new status hearing, if necessary, after it rules on the pending motion. Mailed notice (ca, )
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Filing 31
MINUTE entry before Honorable John Z. Lee: The status hearing set for 3/21/13 is reset for 5/21/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 30
STATUS Report by Steven E. Berkheimer, Hewlett-Packard Company (Hanrath, James)
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Filing 29
RESPONSE by Hewlett-Packard Companyin Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #23 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(White, Jason)
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Filing 28
RESPONSE by Steven E. Berkheimerin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #23 (Attachments: #1 Exhibit Opposition Exhibit A, #2 Exhibit Opposition Exhibit B, #3 Exhibit Opposition Exhibit C, #4 Exhibit Opposition Exhibit D, #5 Exhibit Opposition Exhibit E, #6 Exhibit Opposition Exhibit F, #7 Exhibit Opposition Exhibit G)(Hanrath, James)
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Filing 27
MINUTE entry before Honorable John Z. Lee: By agreement of the parties, the status hearing set for 3/6/13 is reset for 3/21/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 26
MINUTE entry before Honorable John Z. Lee: Plaintiff's response to Hewlett-Packard Company's motion to dismiss #23 is due by 2/28/2013; defendants' reply is due by 3/14/2013. No appearance is required on 2/14/13. Mailed notice (ca, )
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Filing 25
NOTICE of Motion by Jason C. White for presentment of Motion to Dismiss for Failure to State a Claim #23 before Honorable John Z. Lee on 2/14/2013 at 09:00 AM. (White, Jason)
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Filing 24
MEMORANDUM by Hewlett-Packard Company in support of Motion to Dismiss for Failure to State a Claim #23 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(White, Jason)
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (White, Jason)
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Filing 22
MINUTE entry before Honorable John Z. Lee: Status and motion hearing held on 1/16/13. Because Plaintiff filed a amended complaint, Defendant withdraws its motion to dismiss #16 . Defendant's answer or responsive pleading is due by 2/6/13. The parties are to meet and confer regarding a proposed schedule pursuant to the Local Patent Rules and file a joint status report prior to the next status hearing. A status hearing is set for 3/6/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 21
STATUS Report , Joint Initial Status Report, by Steven E. Berkheimer, Hewlett-Packard Company (Hanrath, James)
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Filing 20
First AMENDED complaint by Steven E. Berkheimer against Hewlett-Packard Company (Attachments: #1 Exhibit Amended Complaint Exhibit A)(Hanrath, James)
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Filing 19
MINUTE entry before Honorable John Z. Lee: By agreement of the parties, the status hearing set for 1/9/13 is reset for 1/16/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 18
NOTICE of Motion by Jason C. White for presentment of Motion to Dismiss for Failure to State a Claim #16 before Honorable John Z. Lee on 1/16/2013 at 09:00 AM. (White, Jason)
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Filing 17
MEMORANDUM by Hewlett-Packard Company in support of Motion to Dismiss for Failure to State a Claim #16 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(White, Jason)
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (White, Jason)
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Filing 15
MINUTE entry before Honorable John Z. Lee: Defendant's unopposed motion for extension of time to answer or otherwise plead #11 is granted. Defendant shall answer or otherwise plead by 1/4/13. Mailed notice (ca, )
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Filing 14
ATTORNEY Appearance for Defendant Hewlett-Packard Company by David Nicholas Patariu (Patariu, David)
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Filing 13
ATTORNEY Appearance for Defendant Hewlett-Packard Company by Mansi H Shah (Shah, Mansi)
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Filing 12
NOTICE of Motion by Jason C. White for presentment of motion for extension of time to file answer, motion for relief #11 before Honorable John Z. Lee on 12/6/2012 at 09:00 AM. (White, Jason)
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Filing 11
MOTION by Defendant Hewlett-Packard Company for extension of time to file answer regarding complaint #1 - Agreed (White, Jason)
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Filing 10
ATTORNEY Appearance for Defendant Hewlett-Packard Company by Jason C. White (White, Jason)
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Filing 9
MINUTE entry before Honorable John Z. Lee: Initial status hearing set for 1/9/2013 at 9:30 a.m. Refer to Judge Lee's web-page regarding procedures on initial status conferences. Mailed notice (ca, )
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Filing 8
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Z. Lee for all further proceedings pursuant to the provisions of 28 USC 294(b). Signed by Executive Committee on 11/14/2012.(pcs, )
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Filing 7
MAILED Patent report to Patent Trademark Office, Alexandria VA. (et, )
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Filing 6
SUMMONS Returned Executed by Steven E. Berkheimer as to Hewlett-Packard Company on 11/12/2012, answer due 12/3/2012. (Hanrath, James)
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Filing 5
ATTORNEY Appearance for Plaintiff Steven E. Berkheimer by Michael J. Femal (Femal, Michael)
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Filing 4
ATTORNEY Appearance for Plaintiff Steven E. Berkheimer by James P. Hanrath (Hanrath, James)
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Filing 3
NOTICE by Steven E. Berkheimer of Claim Involving A U.S. Patent (Hanrath, James)
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Filing 2
CIVIL Cover Sheet (Hanrath, James)
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Filing 1
COMPLAINT filed by Steven E. Berkheimer; Jury Demand. Filing fee $ 350, receipt number 0752-7742681. (Attachments: #1 Exhibit Complaint Exhibit A)(Hanrath, James)
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CASE ASSIGNED to the Honorable John F. Grady. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (jn, )
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SUMMONS Issued as to Defendant Hewlett-Packard Company (mmy, )
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