Innovention Toys, LLC v. MGA Entertainment, Inc. et al
Plaintiff: Innovention Toys, LLC
Defendant: MGA Entertainment, Inc., Wal-Mart Stores Inc and Toys "R" Us, Inc.
Petitioner: Matthew B Lowrie and Robert J Silverman
Case Number: 2:2007cv06510
Filed: October 5, 2007
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Livingston
Presiding Judge: Susie Morgan
Referring Judge: Michael North
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Filing 823 Record of Disposal of Exhibits. Signed by Clerk.(bwn)
April 19, 2019 Filing 822 Notice of Disposal of Exhibits. Signed by Clerk. (Attachments: #1 Trial Exhibit List)(bwn)
November 13, 2018 Opinion or Order Filing 821 ORDER granting #817 Motion for Disbursement of Funds from the Registry of the Court. IT IS FURTHER ORDERED that the clerk is authorized and directed to draw checks on the funds on deposit in the registry of this court in the principal amount of $1,048,182.88 payable to Innovention Toys, LLC, and thereafter in the principal amount of $243,101.24 plus interest earned less the assessment fee, payable to MGA Entertainment, Inc. Signed by Judge Susie Morgan on 11/13/2018. (jls)
November 13, 2018 Opinion or Order Filing 820 JUDGMENT: IT IS SO ORDERED, ADJUDGED AND DECREED that judgment is entered as follows: Judgment in favor of Plaintiff Innovention Toys, LLC and against Defendants MGA Entertainment, Inc., Wal-Mart Stores, Inc., and Toys "R" Us, Inc. that Innovention should be awarded additional attorney's fees and costs pursuant to 35 U.S.C. 285 in the amount of $1,048,182.88. Signed by Judge Susie Morgan on 11/13/2018.(jls)
November 13, 2018 Opinion or Order Filing 819 ORDER granting #815 Motion for Attorney Fees: IT IS ORDERED that, Innovention is awarded additional attorney's fees and costs in the total amount of $1,048,182.88. Signed by Judge Susie Morgan on 11/13/2018. (jls)
November 13, 2018 Filing 818 Correction of Docket Entry by Clerk re #816 Submission of Proposed Form of Judgment. **The title of the attached proposed judgment should not include the word 'Proposed' but only reflect Judgment' on the actual document.** (sbs)
November 9, 2018 Filing 817 EXPARTE/CONSENT Third MOTION for Disbursement of Funds From the Registry of the Court by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Caine, David)
November 9, 2018 Filing 816 Submission of Proposed Form of Judgment by Innovention Toys, LLC (Attachments: #1 Proposed Judgment)(Caine, David) Modified text on 11/13/2018 (sbs).
November 9, 2018 Filing 815 EXPARTE/CONSENT MOTION for Final Award of Attorney's Fees and Costs Under 35 U.S.C. Sec. 285 by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Manual Attachment)(Caine, David) Modified text on 11/13/2018 (sbs). (Additional attachment(s) added on 11/17/2018: #4 Fourth Supplemental Declaration of Barry W. Ashe, #5 Declaration of David A. Caine pt. 1, #6 Declaration of David A. Caine pt 2) (bwn).
November 2, 2018 Opinion or Order Filing 814 ORDER granting #812 Motion to Withdraw as Attorney. Attorney Lesli D. Harris terminated. Signed by Judge Susie Morgan on 11/2/18. (sbs)
November 1, 2018 Filing 813 Correction of Docket Entry by Clerk re #812 MOTION to Withdraw Lesli Harris as Attorney. **Filing attorney did not include a Proposed Order. Proposed Order subsequently provided to Clerk and has now been attached to the motion.** (sbs)
October 31, 2018 Filing 812 EXPARTE/CONSENT MOTION to Withdraw Lesli Harris as Attorney by Innovention Toys, LLC. (Bullock, Stephen) (Additional attachment(s) added on 11/1/2018: #1 Proposed Order) (sbs).
October 25, 2018 Opinion or Order Filing 811 ORDER - IT IS ORDERED that the #798 motion for partial disbursement of funds is GRANTED IN PART. IT IS FURTHER ORDERED that the clerk is authorized and directed to draw a check on the funds on deposit in the registry of this Court in the total amount of $5,024,376.03. This represents the amount of principal, $4,947,905.19, plus post-judgment interest through October 25, 2018 in the amount of $76,470.84. The check shall be made payable to Innovention Toys, LLC, and the clerk shall mail or deliver the check to Stephen Bullock, Esq., Stone Pigman Walther Whittmann LLC, 546 Carondelet Street, New Orleans, Louisiana 70130. Signed by Judge Susie Morgan. (bwn) (Main Document 811 replaced on 10/26/2018 to reflect after hours certification by the Court's Financial Unit) (bwn). Modified on 10/26/2018 (bwn).
October 24, 2018 Filing 810 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Conference held on 10/24/2018. The parties discussed the status of the case and the pending motion for partial disbursement of funds. Counsel for Plaintiff will file into the record a supplemental memorandum in support of its motion for partial disbursement of funds, including a calculation of the post-judgment interest on September 25, 2018; September 26, 2018; and October 25, 2018. (bwn)
October 24, 2018 Filing 809 Supplemental Memorandum Regarding Disbursement of Principal by Innovention Toys, LLC to #798 Second MOTION for Disbursement of Funds From the Registry of the Court. (Caine, David) Modified text on 10/25/2018 (sbs).
October 23, 2018 Opinion or Order Filing 808 ORDER - IT IS ORDERED that a telephone status conference be held on Wednesday, October 24, 2018, at 10:30 a.m. The Court will provide the parties with the call-in instructions necessary to participate in the conference via telephone. Signed by Judge Susie Morgan.(bwn)
October 16, 2018 Filing 807 Sur-Reply filed by Innovention Toys, LLC, in Opposition of #798 Second MOTION for Disbursement of Funds From the Registry of the Court. (Attachments: #1 Exhibit)(sbs)
October 16, 2018 Opinion or Order Filing 806 ORDER granting #805 Motion for Leave to File Sur-Reply. Signed by Judge Susie Morgan on 10/16/18. (sbs)
October 15, 2018 Filing 805 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Opposition to #798 Innovention's Second Motion for Partial Disbursement of Funds From the Registry of the Court by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores Inc. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading Exhibit, #3 Proposed Order)(Patron, David) Modified text on 10/16/2018 (sbs).
October 12, 2018 Filing 804 REPLY to Response to Motion filed by Innovention Toys, LLC re #798 Second MOTION for Disbursement of Funds From the Registry of the Court. (sbs)
October 12, 2018 Opinion or Order Filing 803 ORDER granting #801 Motion for Leave to File Reply. Signed by Judge Susie Morgan on 10/12/18. (sbs)
October 12, 2018 Filing 802 Correction of Docket Entry by Clerk re #801 MOTION for Leave to File Reply Memorandum in Support of #798 Second Motion for Partial Disbursement of Funds from the Registry of the Court. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and removed submission date.** (sbs)
October 11, 2018 Filing 801 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #798 Second Motion for Partial Disbursement of Funds from the Registry of the Court by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Submission, #3 Proposed Pleading)(Caine, David) Modified text on 10/12/2018 (sbs).
October 10, 2018 Filing 800 Correction of Docket Entry by Clerk re #799 Response to Motion. **Filing attorney selected incorrect event. Correct event is 'Response/Memorandum in Opposition.' Clerk took corrective action by changing the event. (sbs)
October 9, 2018 Filing 799 RESPONSE/MEMORANDUM in Opposition filed by by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores Inc re #798 Second MOTION for Disbursement of Funds From the Registry of the Court. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Patron, David) Modified event on 10/10/2018 (sbs).
September 26, 2018 Filing 798 Second MOTION for Disbursement of Funds From the Registry of the Court by Innovention Toys, LLC. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Notice of Submission)(Caine, David)
September 17, 2018 Filing 797 MANDATE re Notice of Appeal from the U.S. Court of Appeals for the Federal Circuit. In accordance with the judgment of this Court, entered August 09, 2018, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. Issued by Clerk of Court. (bwn)
September 6, 2018 Filing 796 Judgment re Notice of Appeal from the U.S. Court of Appeals for the Federal Circuit. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED by PROST, Chief Judge, TARANTO and CHEN, Circuit Judges. (Attachments: #1 Notice from U.S. Court of Appeals for the Federal Circuit)(jls)
August 23, 2017 Filing 795 NOTICE of Change of Address by Barry W. Ashe on behalf of Innovention Toys, LLC. (Ashe, Barry)
August 17, 2017 Filing 794 Transmission and Receipt of Transmission of certified copy of docket entries and proof of fee payment to the US Court of Appeals for the Federal Circuit. (These documents were also sent by mail to the US Court of Appeals for the Federal Circuit on 8/17/17)re #791 Notice of Interlocutory Appeal,. USFC Case Number 17-2320. (adp)
August 16, 2017 Filing 793 US Court of Appeals for the Federal Circuit Appeal Fee paid as to MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores Inc (Filing fee $ 505) re #791 Notice of Interlocutory Appeal, filed by MGA Entertainment, Inc, Wal-Mart Stores Inc, Toys "R" Us, Inc. (djg)
August 3, 2017 Filing 792 Receipt of transmission of certified copy of docket entries and proof of fee payment to the US Court of Appeals for the Federal Circuit. (These documents were also sent by mail to the US Court of Appeals for the Federal Circuit on 7/28/17). (sek)
July 28, 2017 Filing 791 NOTICE OF INTERLOCUTORY APPEAL to the United States Court of Appeals for the Federal Circuit by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores Inc. (FEE PREVIOUSLY PAID per Rec. Doc. #785) (clc) Modified text on 7/28/2017 (clc).
June 26, 2017 Filing 790 NOTICE from the U.S. Court of Appeals for the Federal Curcuit re #785 Notice of Appeal. (clc)
June 13, 2017 Opinion or Order Filing 789 ORDER of USCA as to #785 Notice of Appeal filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.: The court has dismissed this case as erroneously docketed. The Notice of Appeal will be returned to the district court with instructions to transmit the Notice of Appeal to the Federal Circuit. (cc: Federal Circuit) (clc) Modified text on 7/28/2017 (sek).
June 13, 2017 Filing 788 APPEAL TRANSCRIPT REQUEST by MGA Entertainment, Inc. re #785 Notice of Appeal. (Transcript is already on file) (Patron, David)
June 9, 2017 Filing 787 USCA Case Number 17-30454 appealed to U.S. Court of Appeals, 5th Circuit for #785 Notice of Appeal filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (clc)
May 31, 2017 Filing 785 NOTICE OF APPEAL to the United States Court of Appeals for the Federal Circuit by Defendants MGA Entertainment, Inc., Wal-Mart Stores, Inc., and Toys "R" Us, Inc. as to #768 Order, #777 Order, #778 Judgment, #761 Order. (Filing fee $ 505, receipt number 053L-6183756.) (Patron, David) Modified text on 7/28/201(sek).
May 26, 2017 Filing 786 NOTICE from the U.S. Court of Appeals for the Federal Curcuit re #785 Notice of Appeal. (clc)
May 26, 2017 Opinion or Order Filing 784 ORDER granting #782 Motion for Disbursement of Funds to Innovention Toys, LLC in the amount of $ 1,925,972.95. Signed by Judge Susie Morgan on 5/26/2017. (cc: Financial) (clc)
May 24, 2017 Filing 783 Correction of Docket Entry by Clerk re #782 Amended MOTION for Disbursement of Funds .** Motion and Memorandum in Support were incorrectly filed as one PDF. The Memorandum should have been filed as attachment to the Motion. All future filings should be entered this way. Clerk took corrective action. No further action is necessary.** (clc)
May 23, 2017 Filing 782 EXPARTE/CONSENT Amended MOTION for Disbursement of Funds by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Caine, David) (Main Document 782 replaced on 5/24/2017) (clc). (Additional attachment(s) added on 5/24/2017: #2 Memorandum in Support) (clc). Modified on 5/24/2017 (clc). (Main Document 782 replaced on 5/26/2017 to include that this filing is unopposed) (tsf).
May 23, 2017 Filing 781 **FILED IN ERROR- See Rec. Doc. #782 for corrected filing** MOTION for Disbursement of Funds by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Caine, David) Modified text on 5/24/2017 (clc).
May 15, 2017 Filing 780 TRANSCRIPT of Motion Hearing held on November 16, 2016 before Judge Susie Morgan. Court Reporter/Recorder Mary Thompson, Telephone number 504-589-7783. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 8/14/2017. (rsg)
May 3, 2017 Opinion or Order Filing 779 ORDER denying #769 Motion to Clarify #768 Order Granting Innovention's Conditional Supplemental Motion for an Award of Attorneys' Fees and Costs and the Form of Judgment. Signed by Judge Susie Morgan on 5/3/2017. (clc)
May 2, 2017 Opinion or Order Filing 778 JUDGMENT entered in favor of Innovention Toys, LLC against MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc as set out herein. FURTHER ORDERED that the permanent injunction set forth in the Court's May 7, 2014 Judgment be continued in place as set forth herein. Signed by Judge Susie Morgan on 5/2/2017.(clc)
May 2, 2017 Opinion or Order Filing 777 ORDERED that the Court finds that certification pursuant to 28 U.S.C. 1292(b), 1292(c)(1) of its #768 Order and Reasons granting supplemental attorneys' fees to Innovention is appropriate. Certification will facilitate a single appeal of all issues in the case, except for quantification of the supplemental award of fees and costs. Signed by Judge Susie Morgan on 5/2/2017.(clc)
April 25, 2017 Filing 776 RESPONSE to Motion filed by All Defendants re #769 MOTION to Clarify Order Granting Innovention's Conditional Supplemental Motion for an Award of Attorneys' Fees and Costs and the Form of Judgment . (Patron, David)
April 20, 2017 Filing 775 Response by Innovention Toys, LLC to #771 Response to #766 Proposed Form of Judgment and Calculation of Pre-Judgment Interest. (clc)
April 20, 2017 Opinion or Order Filing 774 ORDER granting #773 Motion for Leave to File Response to Defendants' Response to Innovention's Proposed Form of Judgment and Calculation of Pre-Judgment. Signed by Judge Susie Morgan on 4/20/2017. (clc)
April 18, 2017 Filing 773 MOTION for Leave to File Response in Support of Innovention's Proposed Form of Judgment and Calculation of Pre-Judgment Interest by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Caine, David)
April 17, 2017 Filing 772 **DEFICIENT** Response/Reply by Innovention Toys, LLC to #771 Response/Reply, #766 Response/Reply (INNOVENTION TOYS, LLC'S RESPONSE RE PRE-JUDGMENT INTEREST AND THE FORM OF JUDGMENT) (Caine, David) Modified on 4/18/2017 (clc).
April 13, 2017 Filing 771 Response to #766 Proposed Form of Judgment and Calculation of Pre-Judgment Interest by All Defendants filed as directed by #763 Status Conference. (Attachments: #1 Proposed Judgment)(Patron, David) Modified on 4/14/2017 to edit docket text (bwn). (Main Document 771 and Attachment 1 replaced on 4/20/2017 to correct links to citations) (tsf).
April 13, 2017 Filing 770 Correction of Docket Entry by Clerk re #769 MOTION to Clarify Order Granting Innovention's Conditional Supplemental Motion for an Award of Attorneys' Fees and Costs and the Form of Judgment.**The title of the attached proposed order should not include the word Proposed but onlyreflect Order on the actual document.** (clc)
April 12, 2017 Filing 769 MOTION to Clarify #768 Order Granting Innovention's Conditional Supplemental Motion for an Award of Attorneys' Fees and Costs and the Form of Judgment by Innovention Toys, LLC. Motion(s) will be submitted on 5/3/2017. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Caine, David) Modified text on 4/13/2017 (clc).
April 5, 2017 Opinion or Order Filing 768 ORDER AND REASONS re #740 Supplemental MOTION for Attorney Fees. ORDERED that Innovention's supplemental motion for an award of attorneys' fees and costs under 35 U.S.C. 285 is GRANTED. Innovention is entitled to supplemental fees and costs incurred on appeal, including fees and costs incurred in the preparation of its motion for supplemental attorneys' fees. The Court DEFERS ruling on the amount of attorneys' fees to be awarded. Signed by Judge Susie Morgan on 4/5/2017.(clc)
April 3, 2017 Opinion or Order Filing 767 ORDER granting #765 Motion to Seal. Signed by Judge Susie Morgan on 4/3/2017. (ajn)
March 31, 2017 Filing 766 Response/Reply by Innovention Toys, LLC (SUBMISSION OF [PROPOSED] FORM OF JUDGMENT AND SUPPORTING DECLARATION OF STEVEN B. BOYLES) (Caine, David) (Additional attachment(s) added on 4/3/2017: #1 SEALED Attachment B) (ajn).
March 31, 2017 Filing 765 EXPARTE/CONSENT MOTION to Seal the Declaration of Steven B. Boyles and Attached Exhibits in Support of Innovention's [Proposed] Judgment in a Civil Case by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Caine, David) (Additional attachment(s) added on 4/3/2017: #3 SEALED Manual Attachment) (ajn).
March 31, 2017 Filing 764 NOTICE of Change of Address by David A. Caine on behalf of Innovention Toys, LLC. (Caine, David)
March 24, 2017 Filing 763 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Status Conference held on 3/24/2017. Within one week, Plaintiff's counsel will present its calculations of pre-judgment interest through March 8, 2017 and its proposed form of judgment. The Defendants will have two weeks to object to the Plaintiff's pre-judgment interest calculations and to provide their own proposed form of judgment. (clc)
March 10, 2017 Opinion or Order Filing 762 ORDER - IT IS ORDERED that a telephone status conference be held on Friday, March 24, 2017, at 2:00 p.m. The Court will provide the parties with the call-in instructions necessary to participate in the conference via telephone. Signed by Judge Susie Morgan on 3/10/2017.(cg)
March 8, 2017 Opinion or Order Filing 761 ORDER AND REASONS regarding #727 Order of USCA, as stated herein. FURTHER ORDER that the injunction set forth in the final #690 Judgment is continued in place. Signed by Judge Susie Morgan on 3/8/2017.(cg)
December 7, 2016 Filing 760 Reply in Support filed by Innovention Toys, LLC re #740 Supplemental MOTION for Attorney Fees and Costs Under U.S.C Section 285. (Attachments: #1 Caine Declaration)(cg)
December 7, 2016 Opinion or Order Filing 759 ORDER granting #757 Motion for Leave to File Reply in Support of its Conditional Supplemental Motion for an Award of Fees and costs under 35 U.S.C. 285. Signed by Judge Susie Morgan on 12/7/2016. (cg)
December 6, 2016 Filing 758 **FILED IN ERROR - SEE REC DOC. 757***Amendment/Supplement to Document by Innovention Toys, LLC re #757 MOTION for Leave to File Reply (Caine, David) Modified on 12/7/2016 (cg).
December 6, 2016 Filing 757 MOTION for Leave to File Reply in Support of its Conditional Supplemental Motion for an Award of Fees and costs under 35 U.S.C. 285 by Innovention Toys, LLC. (Attachments: #1 Exhibit (Reply), #2 Exhibit (Caine Declaration w/exhibits), #3 Proposed Order)(Caine, David) (Attachment 3 replaced on 12/7/2016) (cg).
December 5, 2016 Opinion or Order Filing 756 ORDER granting #751 Motion to Appear Pro Hac Vice as to Alaina Lakawicz.. Signed by Judge Susie Morgan on 11/29/2016. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
November 30, 2016 Filing 755 SEALED Memorandum in Opposition to Innovention's Conditional Supplemental Motion for An Award of Attorney Fees and Costs Under 35 U.S.C. Section 285 by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (cg) (Main Document 755 replaced on 4/4/2017 to correct links to citations) (tsf).
November 30, 2016 Opinion or Order Filing 754 ORDER granting #752 Motion for Leave to File Under Seal Defendants' Memorandum in Opposition to Innovention's Conditional Supplemental Motion for an Award of Attorney Fees 35 U.S.C. 285, including Exhibit A (Halo's petition for a writ of certiorari), Exhibit B (Vance expert report), and Exhibit C (Exhibit 3 to Vance expert report). Signed by Judge Susie Morgan on 11/30/2016. (cg)
November 30, 2016 Filing 753 Manual Attachment Received re #752 MOTION for Leave to File Under Seal Defendants' Memorandum in Opposition to Innovention's Conditional Supplemental Motion for An Award of Attorney Fees and Costs Under 35 U.S.C. Section 285 filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (cg)
November 30, 2016 Filing 752 EXPARTE/CONSENT MOTION for Leave to File Under Seal Defendants' Memorandum in Opposition to Innovention's Conditional Supplemental Motion for An Award of Attorney Fees and Costs Under 35 U.S.C. Section 285 by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Patron, David)
November 28, 2016 Filing 751 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alaina Lakawicz (Filing fee $ 100 receipt number 053L-5825174) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Patron, David)
November 22, 2016 Opinion or Order Filing 750 ORDER resetting submission date on #740 Supplemental MOTION for Attorney Fees : The deadline for filing the opposition is extended to November 30, 2016 at 5:00 p.m. The submission date for Plaintiffs motion is continued to December 8, 2016. Signed by Judge Susie Morgan on 11/21/2016.(cg)
November 16, 2016 Filing 749 Minute Entry for proceedings held before Judge Susie Morgan on 11/16/2016. HEARING ON THE ISSUE OF THE COURT'S AWARD OF ENHANCED DAMAGES AND ATTORNEYS FEES (#727). Argument held and motion taken under submission by the Court. (Court Reporter Mary Thompson.) (cg)
November 8, 2016 Filing 747 NOTICE: Because R. Docs. 734 and 735 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by clerk.(cbn)
November 7, 2016 Filing 746 Response/Reply by All Defendants to #731 Order,, Regarding Enhanced Damages and Attorneys' Fees (Attachments: #1 Exhibit F)(Patron, David)
November 4, 2016 Filing 748 MANDATE of USCA Fed Cir re #727 USCA Order. Signed by Peter R. Marksteiner, Clerk on 11/4/2016.(cg)
November 4, 2016 Opinion or Order Filing 745 ORDER granting #744 Motion to Continue Submission Date of Plaintiffs' Conditional Supplemental Motion for Award of Attorney's Fees to November 30, 2016. Signed by Judge Susie Morgan on 11/4/2016. (tsf)
November 3, 2016 Filing 744 EXPARTE/CONSENT MOTION to Continue Submission Date of Plaintiff's Conditional Supplemental Motion for Award of Attorney's Fees (Unopposed) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Patron, David)
November 3, 2016 Filing 743 Memorandum by Innovention Toys, LLC Innovention's Response re Enhanced Damages and Attorney Fees (Attachments: #1 Affidavit Declaration of David A. Caine, #2 Exhibit A to Caine Declaration, #3 Exhibit B to Caine Declaration, #4 Exhibit C to Caine Declaration)(Caine, David)
November 2, 2016 Opinion or Order Filing 742 ORDER granting #739 Motion to Seal Document. Signed by Judge Susie Morgan on 11/2/2016. (cg)
November 2, 2016 Filing 741 Manual Attachment Received re #739 MOTION to Seal Document (ExParte Motion for Leave to File Under Seal Innovention's Conditional Supplemental Motion for an Award of Attorney Fees and Costs Under 35 U.S.C. Section 285 & Supporting Declarations) filed by Innovention Toys, LLC. (cg)
November 1, 2016 Filing 740 Supplemental MOTION for Attorney Fees and Costs Under U.S.C Section 285 by Innovention Toys, LLC. Motion(s) will be submitted on 11/16/2016. (Attachments: #1 Notice of Manual Attachment, #2 Notice of Submission)(Caine, David) (Additional attachment(s) added on 11/16/2016: #3 Proposed Pleading, #4 Declaration of Ashe, #5 Declaration of Hammitte, #6 Declaration of Otteson pt. 1, #7 Declaration of Otteson pt. 2, #8 Declaration of Otteson pt. 3, #9 Declaration of Otteson pt. 4) (cg). (Attachment 3 replaced on 4/3/2017 to correct links to citations) (tsf).
November 1, 2016 Filing 739 EXPARTE/CONSENT MOTION to Seal Document (ExParte Motion for Leave to File Under Seal Innovention's Conditional Supplemental Motion for an Award of Attorney Fees and Costs Under 35 U.S.C. Section 285 & Supporting Declarations) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Caine, David)
November 1, 2016 Opinion or Order Filing 738 ORDER granting #737 Motion to Withdraw as Attorney. Attorney George Denegre, Jr and Sherman Gene Fendler terminated. Signed by Judge Susie Morgan on 11/1/2016. (cg)
October 31, 2016 Filing 737 EXPARTE/CONSENT MOTION to Withdraw S. Gene Fendler, George Denegre, and Liskow & Lewis Law Firm as Attorney by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
October 28, 2016 Opinion or Order Filing 736 ORDER - re #735 Request for oral argument filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. IT IS ORDERED that the request for oral argument is GRANTED. Argument is set for November 16, 2016 at 10:00 a.m. Each side will be allowed twenty (20) minutes to argue. Signed by Judge Susie Morgan on 10/28/2016.(cg)
October 27, 2016 Filing 735 Request by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. for Oral Argument (Patron, David)
October 27, 2016 Filing 734 Memorandum by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #731 Order,, (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Patron, David)
October 27, 2016 Opinion or Order Filing 733 ORDER granting #732 Motion to Enroll Attorney David Patron as Additional Counsel of Record for MGA Entertainment, Inc., Toys "R" Us, Inc., and Wal-Mart Stores, Inc. Signed by Judge Susie Morgan. (bwn)
October 27, 2016 Filing 732 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record David L. Patron by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)Attorney David Patron added to party MGA Entertainment, Inc.(pty:dft), Attorney David Patron added to party Toys "R" Us, Inc.(pty:dft), Attorney David Patron added to party Wal-Mart Stores, Inc.(pty:dft).(Patron, David)
October 13, 2016 Opinion or Order Filing 731 ORDER - IT IS ORDERED that, in light of the Supreme Courts decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), Defendants shall file a memorandum by October 27, 2016 at 5:00 p.m. briefing its arguments with respect to the award of enhanced damages and attorneys fees.Plaintiffs shall file a response to Defendants memorandum by November 3, 2016 at 5:00 p.m. Defendants may file a reply to Plaintiffs response, not to exceed five pages, by November 7, 2016 at 5:00 p.m. Signed by Judge Susie Morgan on 10/13/2016.(cg)
October 10, 2016 Filing 730 NOTICE by Innovention Toys, LLC re #729 Order Innovention's Notice re Resolution of Federal Circuit Appeal. (Attachments: #1 Exhibit A)(Caine, David)
September 1, 2016 Opinion or Order Filing 729 IT IS ORDERED that the Courts September 1, 2016 Order (R. Doc. 728) is hereby VACATED. The parties shall promptly notify the Court once rehearing issues are resolved. Signed by Judge Susie Morgan on 9/1/16.(cg)
September 1, 2016 Opinion or Order Filing 728 IT IS ORDERED defendants shall file a memorandum by Thursday, September 15, 2016 at 5:00 p.m. briefing its arguments with respect to the award of enhanced damages and attorneys fees. Plaintiffs shall file a response to Defendants memorandum by Thursday, September 22, 2016 at 5:00 p.m. as stated per herein. Signed by Judge Susie Morgan on 9/1/16.(cg)
August 15, 2016 Opinion or Order Filing 727 ORDER of USCA for the Federal Circuit as to #712 Notice of Appeal, filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.; Affirmed in part and vacated and remanded in part. USCA Judge Name: LOURIE, PLAGER, TARANTO (lag)
September 28, 2015 Opinion or Order Filing 726 ORDER denying #720 Motion to Reduce Deposit. IT IS ORDERED that Defendants Motion to Reduce Deposit is DENIED WITHOUT PREJUDICE as premature because the Federal Circuits decision is not final and unappealable. Signed by Judge Susie Morgan. (bwn)
September 18, 2015 Filing 725 REPLY to Response to Motion filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #720 MOTION Reduce Deposit . (bwn)
September 18, 2015 Opinion or Order Filing 724 ORDER granting #723 Motion for Leave to File Reply Memorandum in Support of Motion to Reduce Deposit. Signed by Judge Susie Morgan. (bwn)
September 17, 2015 Filing 723 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Reduce Deposit by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Fendler, Sherman)
September 15, 2015 Filing 722 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #720 MOTION Reduce Deposit filed by Defendants. (Ashe, Barry)
August 31, 2015 Filing 721 MANDATE of USCA as to #718 USCA JUDGMENT. (bwn)
August 21, 2015 Filing 720 MOTION Reduce Deposit by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion(s) will be submitted on 9/23/2015. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Fendler, Sherman)
May 26, 2015 Opinion or Order Filing 719 ORDER denying without prejudice #716 Motion to Reduce Deposit. Signed by Judge Susie Morgan. (bwn)
May 12, 2015 Filing 717 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #716 MOTION Reduce Deposit . (Ashe, Barry)
May 11, 2015 Filing 718 USCA JUDGMENT as to #712 Notice of Appeal. Affirmed in Part, Reversed in Part, and Vacated and Remanded in Part as noted herein. USCA judge name: Lourie, Plager, and Taranto. (Attachments: #1 Notice from USCA 5th Circuit)(bwn)
May 4, 2015 Filing 716 MOTION Reduce Deposit by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 5/20/2015 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Fendler, Sherman)
December 19, 2014 Filing 715 APPEAL TRANSCRIPT of Evidentiary Hearing held on October 15, 2013 before Judge Alma L. Chasez. Court Reporter/Recorder Arlene Movahed, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 3/19/2015. (rsg)
August 14, 2014 Filing 713 USCA Case Number 14-30924 appealed to USCA 5th Circuit for #712 Notice of Appeal, filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (bwn)
August 5, 2014 Filing 712 NOTICE OF APPEAL by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. as to #711 Order on Motion for Judgment as a Matter of Law, #634 Order on Motion for Miscellaneous Relief, Order on Motion for Attorney Fees,,,,,, #689 Order on Motion to Amend/Correct, #342 Order on Motion for Summary Judgment, #681 Order Adopting Report and Recommendations, #690 Judgment. (Filing fee $ 505, receipt number 053L-4545319.) (Fendler, Sherman)
July 7, 2014 Opinion or Order Filing 711 ORDER AND REASONS denying #699 Motion for Judgment as a Matter of Law or, Alternatively, New Trial. Signed by Judge Susie Morgan. (bwn)
July 2, 2014 Filing 710 CORRECTED RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #699 MOTION for Judgment as a Matter of Law or, Alternatively, New Trial. (bwn)
July 2, 2014 Opinion or Order Filing 709 ORDER granting #708 Motion for Leave to File Corrected Opposition to Defendants' Renewed Motion for Judgment as a Matter of Law or, Alternatively, New Trial. Signed by Judge Susie Morgan. (bwn)
July 1, 2014 Filing 708 EXPARTE/CONSENT MOTION for Leave to File Corrected Opposition to Defendants' Renewed Motion for Judgment as a Matter of Law or, Alternatively, New Trial by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Caine, David)
June 24, 2014 Filing 707 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #699 MOTION for Judgment as a Matter of Law or, Alternatively, New Trial Plaintiff Innovention Toys, LLC's Opposition to Defendants' Renewed Motion for Judgment as a Matter of Law or, Alternatively, New Trial. (Otteson, James)
June 13, 2014 Filing 706 NOTICE of Deposit by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc., as directed by #700 Order. (Fendler, Sherman)
June 9, 2014 Opinion or Order Filing 705 ORDER granting #702 Motion for Leave to File Excess Pages. Signed by Judge Susie Morgan. (cml)
June 9, 2014 Opinion or Order Filing 704 ORDER granting #701 MOTION for Extension of Submission Deadline. The hearing on #699 MOTION for Judgment as a Matter of Law or, Alternatively, New Trial is CONTINUED for 7/2/2014 before Judge Susie Morgan. Signed by Judge Susie Morgan.(cml)
June 9, 2014 Filing 703 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #702 MOTION for Leave to File Excess Pages Innovention's Ex Parte Application for Additional Pages to Respond to MGA's Oversized Memorandum . (Fendler, Sherman)
June 6, 2014 Filing 702 EXPARTE/CONSENT MOTION for Leave to File Excess Pages Innovention's Ex Parte Application for Additional Pages to Respond to MGA's Oversized Memorandum by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Otteson, James)
June 5, 2014 Filing 701 EXPARTE/CONSENT MOTION for Extension of Submission Deadline re #695 Defendants' Renewed Motion for Judgment as a Matter of Law by Innovention Toys, LLC. (Otteson, James)
June 5, 2014 Opinion or Order Filing 700 ORDER re #692 MOTION for Leave to Make Deposit in Court Registry and Stay Execution of Judgment. MGA may deposit into the registry of the Court the amount of the judgment ($6,868,027.58) plus 20% ($1,373,605.52), for a total of $8,241,633.10. The check in that amount should made payable to "Clerk U.S. District Court." Upon deposit of that amount, execution of the Judgment shall be stayed pending resolution of post-judgment proceedings and any appeals. Disbursement of the fund held in the registry of the Court shall be made only by an order of the Court on motion filed by either party pursuant to Local Rule 67.3. Signed by Judge Susie Morgan. (bwn)(NEF Financial)
June 3, 2014 Filing 699 MOTION for Judgment as a Matter of Law or, Alternatively, New Trial by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 6/18/2014 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Fendler, Sherman)
June 3, 2014 Filing 698 REPLY to Response to Motion filed by MGA Entertainment, Inc. re #692 MOTION to Deposit Funds , MOTION to Stay Judgment. (Attachments: #1 Exhibit)(caa)
June 3, 2014 Opinion or Order Filing 697 ORDER denying #695 Motion for Leave to File Excess Pages. Signed by Judge Susie Morgan on 6/3/2014. (caa)
June 3, 2014 Opinion or Order Filing 696 ORDER granting #694 Motion for Leave to File reply memorandum. Signed by Judge Susie Morgan on 6/3/2014. (caa)
June 2, 2014 Filing 695 EXPARTE/CONSENT MOTION for Leave to File Motion for Judgment as a Matter of Law or, Alternatively, New Trial with Memorandum in Support in Excess of 25 Pages by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Proposed Pleading)(Fendler, Sherman)
June 2, 2014 Filing 694 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Its Motion for Leave to Make Deposit in Court and Stay Execution of Judgment by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit)(Fendler, Sherman)
May 27, 2014 Filing 693 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #692 MOTION for Leave to Make Deposit in Court Registry and Stay Execution of Judgment (Otteson, James)
May 16, 2014 Filing 692 MOTION for Leave to Make Deposit in Court Registry and Stay Execution of Judgment by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 6/4/2014 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order, #4 Notice of Submission)(Fendler, Sherman)
May 7, 2014 Filing 691 AO 120 Final Report Regarding Patent & Trademark (bwn)
May 7, 2014 Filing 690 JUDGMENT entered in favor of Innovention Toys, LLC against MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. Signed by Judge Susie Morgan on 5/7/2014.(bwn)
May 6, 2014 Opinion or Order Filing 689 ORDER AND REASONS granting in part and denying in part #659 Motion for (1) Correction of June 17, 2013 Order (R.Doc. 634), (2) Award of Supplemental Fees and Costs, (3) Award of Pre-Judgment Interest, (4) Entry of Permanent Injunction, and (5) Entry of Final Judgment, as stated herein. Signed by Judge Susie Morgan on 5/6/2014. (tsf)
April 21, 2014 Filing 688 REPLY to Response to Motion filed by Innovention Toys, LLC re #659 MOTION for (1) Correction of June 17, 2013 Order (R.Doc. 634), (2) Award of Supplemental Fees and Costs, (3) Award of Pre-Judgment Interest, (4) Entry of Permanent Injunction, and (5) Entry of Final Judgment. (Attachments: #1 Affidavit)(bwn)
April 21, 2014 Opinion or Order Filing 687 ORDER granting #686 Motion for Leave to File Reply Memorandum in Support of its Omnibus Motion. Signed by Judge Susie Morgan. (bwn)
April 18, 2014 Filing 686 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of its Omnibus Motion by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Exhibit)(Otteson, James)
April 16, 2014 Opinion or Order Filing 685 ORDER granting #683 Motion for Leave to File Under Seal Exhibit 1 to MGA's Response to Plaintiff's Omnibus Motion. Signed by Judge Susie Morgan. (bwn)
April 15, 2014 Filing 684 Correction of Docket Entry by Clerk re #683 MOTION for Leave to File to File Under Seal Exhibit 1 to MGA's Response to Plaintiff's Omnibus Motion, #682 Response/Memorandum in Opposition to Motion - Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section "A" Judge Susie Morgan and Magistrate Judge (5) Michael B. North. (bwn)
April 15, 2014 Filing 683 EXPARTE/CONSENT MOTION for Leave to File to File Under Seal Exhibit 1 to MGA's Response to Plaintiff's Omnibus Motion by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Fendler, Sherman)
April 15, 2014 Filing 682 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc. re #659 MOTION for (1) Correction of June 17, 2013 Order (R.Doc. 634), (2) Award of Supplemental Fees and Costs, (3) Award of Pre-Judgment Interest, (4) Entry of Permanent Injunction, and (5) Entry of Final Judgment . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fendler, Sherman) (Attachment 1 replaced on 4/17/2014) (bwn). Modified on 4/17/2014 (bwn).
March 27, 2014 Opinion or Order Filing 681 ORDER AND REASONS - The Court modifies and adopts the Magistrate Judge's report and recommendation as set forth herein and awards Innovention attorneys' fees in the amount of $1,612,514.44 (without prejudice to Innovention's right to pursue additional fees for which it becomes liable in the Massachusetts case), and $219,552.52 in costs. Upon entry of the final judgment in this case, post-judgment interest will accrue on these amounts. Signed by Judge Susie Morgan.(bwn)
March 27, 2014 Filing 678 Correction of Docket Entry by Clerk re #677 MOTION for Leave to File MGA's Sur-Reply to Innoventions Objections to the Magistrate Judges Report and Recommendation Regarding Fees and Costs - Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge Michael B. North. (bwn)
March 26, 2014 Filing 680 SUR-REPLY filed by MGA Entertainment, Inc. re #657 OBJECTION TO REPORT AND RECOMMENDATIONS. (bwn)
March 26, 2014 Opinion or Order Filing 679 ORDER granting #677 Motion for Leave to File a Sur-Reply to Innovation's Objections to the Magistrate Judge's Report and Recommendation. Signed by Judge Susie Morgan on 3/26/2014. (bwn)
March 26, 2014 Filing 677 EXPARTE/CONSENT MOTION for Leave to File MGA's Sur-Reply to Innoventions Objections to the Magistrate Judges Report and Recommendation Regarding Fees and Costs by MGA Entertainment, Inc.. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Fendler, Sherman)
March 24, 2014 Filing 676 Reply in Support by Innovention Toys, LLC to #657 OBJECTION TO REPORT AND RECOMMENDATIONS (bwn)
March 24, 2014 Opinion or Order Filing 675 ORDER granting #673 MOTION for Leave to File Reply Memorandum in Support of its Objections to Magistrate Judge's Report and Recommendation Regarding Fees and Costs. Signed by Judge Susie Morgan on 3/24/2014. (bwn)
March 24, 2014 Filing 674 Correction of Docket Entry by Clerk re #673 MOTION for Leave to File Innovention's Motion For Leave to File Reply Memorandum in Support of its Objections to Magistrate Judge's Report and Recommendation Regarding Fees and Costs - Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk modified docket text to reflect 'Exparte'. (bwn)
March 21, 2014 Filing 673 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of its Objections to Magistrate Judge's Report and Recommendation Regarding Fees and Costs by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Otteson, James) Modified on 3/24/2014 to edit text (bwn).
March 20, 2014 Opinion or Order Filing 672 ORDER granting #668 Motion for Leave to File Exhibit D Under Seal. Signed by Judge Susie Morgan. (bwn)
March 19, 2014 Filing 671 Manual Attachment Received re #667 Response/Reply filed by MGA Entertainment, Inc. (Exhibit D - DVD) (bwn)
March 18, 2014 Filing 670 Corrected Exhibit A by Innovention Toys, LLC re #657 OBJECTION TO REPORT AND RECOMMENDATIONS (Corrected Exhibit A to Declaration of James C. Otteson ISO Innovention's Objections to Report and Recommendation of Magistrate Judge Regarding Fees and Costs to 35 U.S.C. Section 285 - R. Doc 653) (Otteson, James)
March 17, 2014 Filing 669 Response/Reply by Innovention Toys, LLC to #656 OBJECTION TO REPORT AND RECOMMENDATIONS (Otteson, James)
March 17, 2014 Filing 668 EXPARTE/CONSENT MOTION for Leave to File Exhibit D Under Seal by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Fendler, Sherman)
March 17, 2014 Filing 667 Response/Reply by MGA Entertainment, Inc. to #657 OBJECTION TO REPORT AND RECOMMENDATIONS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Sealed Exhibit D)(Fendler, Sherman) Modified on 3/21/2014 (bwn).
March 13, 2014 Opinion or Order Filing 666 ORDER - IT IS ORDERED that the motion to expedite is GRANTED. Furthermore, considering the possible effect of resolution of the objections to the Magistrate Judge's report and recommendation on the Omnibus Motion, IT IS ORDERED that the motion to continue the submission date for the Omnibus Motion is GRANTED and the Court will take that motion under submission on April 23, 2014. Signed by Judge Susie Morgan.(bwn)
March 12, 2014 Filing 665 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #662 MOTION to Continue Hearing on Plaintiff's Omnibus Motion [Dkt. No. 659] . (Otteson, James)
March 12, 2014 Filing 664 Correction of Docket Entry by Clerk re #662 MOTION to Continue Hearing on Plaintiff's Omnibus Motion [Dkt. No. 659] - Filing attorney selected incorrect submission/hearing date. Correct date is 4/9/2014. Clerk took corrective action. (bwn)
March 12, 2014 Filing 663 EXPARTE/CONSENT MOTION to Expedite Motion to Continue Hearing #662 by MGA Entertainment, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Fendler, Sherman)
March 12, 2014 Filing 662 MOTION to Continue Hearing on Plaintiff's Omnibus Motion #659 by MGA Entertainment, Inc. Motion set for 4/9/2014 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Fendler, Sherman) Modified on 3/12/2014 to edit hearing info (bwn).
March 12, 2014 Opinion or Order Filing 661 ORDER granting #658 Motion for Leave to File Under Seal Exhibit I to the Second Supplemental Declaration of James C. Otteson re Attorney Fees and Costs. Signed by Judge Susie Morgan. (bwn)
March 12, 2014 Filing 660 Correction of Docket Entry by Clerk re #659 MOTION for (1) Correction of June 17, 2013 Order (R.Doc. 634), (2) Award of Supplemental Fees and Costs, (3) Award of Pre-Judgment Interest, (4) Entry of Permanent Injunction, and (5) Entry of Final Judgment - Filing attorney should have entered Submission Date and selected the correct hearing Judge. Clerk took corrective action to set motion for submission on 3/26/2014 before Judge Morgan. No further action is necessary. (bwn)
March 11, 2014 Filing 659 MOTION for (1) Correction of June 17, 2013 Order (R.Doc. 634), (2) Award of Supplemental Fees and Costs, (3) Award of Pre-Judgment Interest, (4) Entry of Permanent Injunction, and (5) Entry of Final Judgment by Innovention Toys, LLC. Motion set for 3/26/2014 10:00 AM before Judge Susie Morgan. (Attachments: #1 Supplemental Declaration of Michael Larson, #2 Second Supplemental Declaration of Barry W. Ashe, #3 Second Supplemental Declaration of James C. Otteson re Attorney Fees and Costs, #4 Confidential Exhibit I #5 Exhibit J, #6 Declaration of Steven B. Boyles, #7 Notice of Submission)(Otteson, James) Modified on 3/12/2014 to add hearing information (bwn). (Attachment 4 replaced on 3/12/2014) (bwn). Modified on 3/12/2014 (bwn).
March 11, 2014 Filing 658 EXPARTE/CONSENT MOTION for Leave to File Under Seal Exhibit I to the Second Supplemental Declaration of James C. Otteson re Attorney Fees and Costs by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Exhibit)(Otteson, James) (Attachment 2 replaced on 3/12/2014) (cbn, ).
March 10, 2014 Filing 657 OBJECTIONS by Innovention Toys, LLC re #653 REPORT AND RECOMMENDATIONS re #602 MOTION for Attorney Fees. (Attachments: #1 Declaration of James C. Otteson, #2 Declaration of Michael Larson)(Otteson, James)
March 10, 2014 Filing 656 OBJECTION to #653 Report and Recommendations by MGA Entertainment, Inc. (Fendler, Sherman)
March 6, 2014 Opinion or Order Filing 655 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Michael North for all further proceedings. Magistrate Judge Alma L. Chasez no longer assigned to case. Signed by Judge Susie Morgan.(jjs, )
February 26, 2014 Opinion or Order Filing 654 ORDER re #653 Report and Recommendations - IT IS ORDERED that any objections to this report and recommendations shall be filed on or before Monday, March 10, 2014. Any responses to those objections shall be filed on or before Monday, March 17, 2014. Signed by Judge Susie Morgan on 2/24/2014.(bwn)
February 24, 2014 Filing 653 REPORT AND RECOMMENDATIONS re #602 MOTION for Attorney Fees. It is recommended that plaintiff's request for attorneys' fees and costs be granted in part. Objections to R&R due by 3/10/2014. Signed by Magistrate Judge Alma L. Chasez.(gec, )
November 15, 2013 Filing 652 TRANSCRIPT of Evidentiary Hearing held on October 31, 2013 before Magistrate Judge Alma L. Chasez. Court Reporter/Recorder Rebecca S. Gonzalez, Telephone number 504-589-7724. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/13/2014. (rsg)
November 8, 2013 Filing 651 Post-Trial Brief Regarding Plaintiff's Attorneys' Fees and Costs by MGA Entertainment, Inc.. (Fendler, Sherman) Modified on 11/12/2013 (gbw, ).
November 8, 2013 Filing 650 Post Trial Hearing Brief concerning award of attorney fees and taxable and non-taxable costs by Innovention Toys, LLC. (Attachments: #1 Appendix A)(Ashe, Barry) Modified on 11/12/2013 (gbw, ).
October 31, 2013 Filing 649 Trial Exhibit List. (lag, )
October 31, 2013 Filing 648 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Evidentiary Hearing held on 10/31/2013. Post-trial briefs due 11/8/2013. (Court Reporter Rebecca Gonzalez.) (lag, )
October 17, 2013 Filing 647 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Telephone Conference held on 10/17/2013. Evidentiary Hearing continued to 10/31/2013 11:00 AM before Magistrate Judge Alma L. Chasez. (lag, )
October 15, 2013 Filing 646 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Evidentiary Hearing held on 10/15/2013. Evidentiary Hearing continued to 10/21/2013 10:00 AM before Magistrate Judge Alma L. Chasez. (Court Reporter Arlene Movahed.) (Attachments: #1 Exhibit A, #2 Notice for Removal of Exhibits) (lag, )
October 4, 2013 Filing 645 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Telephone Conference held on 10/4/2013. Evidentiary Hearing CONTINUED to 10/15/2013 10:00 AM before Magistrate Judge Alma L. Chasez. (lag, )
September 19, 2013 Filing 644 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 9/19/2013. (lag, )
September 17, 2013 Opinion or Order Filing 643 ORDER : Telephone Status Conference set for 9/19/2013 11:00 AM before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez.(lag, )
August 15, 2013 Filing 642 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 8/15/2013 re request for attorneys fees and costs. Attorneys are to pursue private mediation as set forth in document. If necessary, an Evidentiary Hearing is set for 10/7/2013 10:00 AM before Magistrate Judge Alma L. Chasez. (lag, )
July 19, 2013 Filing 641 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 7/19/2013; Oral Argument re #602 MOTION for Attorney Fees set for 8/15/2013 02:00 PM before Magistrate Judge Alma L. Chasez. (lag, )
June 25, 2013 Opinion or Order Filing 640 ORDER granting #638 Motion for relief from Court Order as stated herein. Signed by Judge Susie Morgan. (cbn)
June 24, 2013 Filing 639 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #638 MOTION For Relief From Court Order Pursuant to Federal Rule of Civil Procedure Rule 60(a). (Attachments: #1 Proposed Order)(Otteson, James) Modified on 6/25/2013 (gbw, ).
June 24, 2013 Filing 638 MOTION For Relief From Court Order Pursuant to Federal Rule of Civil Procedure Rule 60(a) by MGA Entertainment, Inc.. Motion set for 7/17/2013 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Fendler, Sherman)
June 21, 2013 Filing 637 **DEFICIENT** MOTION For Relief From Court Order Pursuant to Federal Rule of Civil Procedure Rule 60(a) by MGA Entertainment, Inc. Motion set for 7/17/2013 10:00 AM before Judge Susie Morgan. (Attachments: #1 Notice of Submission, #2 Proposed Order)(Fendler, Sherman) Modified on 6/24/2013 (caa, ).
June 20, 2013 Opinion or Order Filing 636 ORDER: Status Conference reset for 7/19/2013 04:00 PM before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez.(lag, )
June 18, 2013 Opinion or Order Filing 635 ORDER: Status Conference set for 6/27/2013 04:30 PM before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 6/17/2013.(lag, )
June 17, 2013 Opinion or Order Filing 634 ORDER denying #598 Motion to Have the Court Enter Judgment That MGA's Infringement of the Patent was not Willful Under 35 USC 284, as stated herein. FURTHER ORDER denying in part, granting in part and deferring ruling in part on #602 Motion by Plaintiff for Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Attorneys Fees, Costs, Expert Fees and Interest, as stated herein. FURTHER ORDER that the amount of attorneys' fees to be awarded and a determination of reasonable amounts for exemplification and copying costs, interpreters' costs, and non-taxable costs is REFERRED to the assigned U.S. Magistrate Judge for a report and recommendation. FURTHER ORDER that Innovention shall provide proposed language for the injunction to the Court. Signed by Judge Susie Morgan on 6/17/2013. (NEF: MJ Chasez) (tsf)
April 18, 2013 Opinion or Order Filing 633 ORDER granting #631 Motion to Enroll as Counsel of Record Allen M. Sokal for MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. Signed by Judge Susie Morgan on 4/12/13. (cbn)
April 10, 2013 Filing 632 Minute Entry for proceedings held before Judge Susie Morgan: Oral argument held on 4/10/2013 re #598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284 filed by MGA Entertainment, Inc., #602 MOTION for Attorney Fees. Motions submitted. (Court Reporter Karen Ibos) (cbn)
April 9, 2013 Filing 631 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Pro Hac Vice Allen M. Sokal by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Fendler, Sherman)
February 28, 2013 Opinion or Order Filing 630 ORDER: Oral argument will be held as to #598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284, #602 MOTION for Attorney Fees on 4/10/13 at 10:00 a.m. Signed by Judge Susie Morgan.(cbn)
February 5, 2013 Opinion or Order Filing 629 ORDER granting #627 Motion to Seal Document. Signed by Judge Susie Morgan on 2/1/13. (cbn)
February 5, 2013 Filing 628 Pla's reply brief in support of attys fess, costs and expert fees. (Attachments: #1 2nd supplemental declaration of James C. Otteson) (cbn)
January 30, 2013 Filing 627 EXPARTE/CONSENT MOTION to Seal Document (Reply Brief, Second Supplemental Declaration of James C. Otteson, and Motion for Leave to File Reply Brief) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Otteson, James)
January 30, 2013 Filing 626 BRIEF of MGA in reponse to plaintiff's supplemental memorandum in support of #602 motion for attys fees (cbn) Modified on 1/30/2013 (cbn).
January 29, 2013 Opinion or Order Filing 625 ORDER granting #619 Motion for Leave to File Brief under seal. Signed by Judge Susie Morgan. (cbn)
January 29, 2013 Filing 624 Sur Reply Brief of plaintiff in opposition re #598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284; Plaintiff's reply brief in support of #602 MOTION for Attorney Fees. (Attachments: #1 Declaration of David A. Caine, #2 Exhibit A to declaration of David Caine)(cbn)
January 29, 2013 Opinion or Order Filing 623 ORDER granting #622 Motion for Leave to File Memorandum. Signed by Judge Susie Morgan. (cbn)
January 25, 2013 Filing 622 EXPARTE/CONSENT MOTION for Leave to File Innovention's Motion for Leave to File Consolidated Reply Brief (1) in Support of its Motion for Finding of Objective Willfulness (R. Doc. 602), and (2) Responding MGA's Reply Brief Urging That its Infringement Was Not Willful (R. Doc. 611-2) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Affidavit Declaration of David A. Caine, #4 Exhibit A to Caine Declaration)(Otteson, James)
January 25, 2013 Filing 621 Correction of Docket Entry by Clerk re #618 MOTION for Leave to File Brief in Response to Innovention's Supplemental Memorandum in Support of Motion for Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Attorney Fees, Costs, Expert Fees and Interest. Document was filed in error and refiled as Doc. #619. No further action is necessary. (gbw, )
January 25, 2013 Filing 620 Request/Statement of Oral Argument by MGA Entertainment, Inc. regarding #598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284, #602 MOTION for Attorney Fees (Fendler, Sherman)
January 25, 2013 Filing 619 EXPARTE/CONSENT MOTION for Leave to File Under Seal MGA's Brief in Response to Innovention's Supplemental Memorandum in Support of Motion for Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Attorney Fees, Costs, Expert Fees and Interest by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
January 25, 2013 Filing 618 ERROR: DOCUMENT REFILED AS DOC. #619** EXPARTE/CONSENT MOTION for Leave to File Brief in Response to Innovention's Supplemental Memorandum in Support of Motion for Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Attorney Fees, Costs, Expert Fees and Interest by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Fendler, Sherman) Modified on 1/25/2013 (gbw, ).
January 22, 2013 Filing 617 REPLY BRIEF filed by MGA Entertainment, Inc. re #598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284. (cbn)
January 22, 2013 Opinion or Order Filing 616 ORDER granting #611 Motion for Leave to File. Signed by Judge Susie Morgan. (cbn)
January 22, 2013 Filing 615 Correction of Docket Entry by Clerk re #614 Response/Memorandum in Opposition to Motion. Document contains no Magistrate Judge. All future pleadings must reflect Section E and Magistrate Judge 5. (gbw, )
January 19, 2013 Filing 614 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #611 MOTION for Leave to File Reply Brief Innovention's Opposition to MGA's Motion for Leave to File a Reply Brief. (Otteson, James)
January 18, 2013 Filing 613 SEALED Supplemental Memorandum filed by Innovention Toys, LLC, in support of #602 MOTION for Attorney Fees. (cbn) (Additional attachment(s) added on 1/18/2013: #1 Sealed declaration of James Otteson, #2 Sealed declaration of Barry Ashe, #3 Sealed declaration of Michael Larson) (tsf).
January 18, 2013 Opinion or Order Filing 612 ORDER granting #610 Motion for leave to file supplemental memorandum. Signed by Judge Susie Morgan on 1/17/13. (cbn)
January 18, 2013 Filing 611 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Its Pre-Judgment Motion to Have the Court Enter Judgment That MGA's Infringement of the '242 Patent Was Not Willful Under 35 U.S.C. Sec. 284 by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading (Fendler, Sherman) Modified on 1/22/2013 (gbw, ).
January 17, 2013 Filing 610 MOTION for leave to file supplemental memorandum by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(cbn)
January 16, 2013 Opinion or Order Filing 609 ORDER granting #608 Motion to Seal Document. Signed by Judge Susie Morgan. (cbn)
January 14, 2013 Filing 608 EXPARTE/CONSENT MOTION to Seal Document (Supplemental Memorandum & Supporting documents) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Otteson, James)
January 8, 2013 Filing 607 Opposition filed by MGA Entertainment, Inc. re #602 MOTION for finding of objective willfulness, enhanced damages, exceptional case, attys fees, costs, expert fees and interest. (cbn) (Additional attachment(s) added on 1/8/2013: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (cbn, ).
January 7, 2013 Opinion or Order Filing 606 ORDER granting #604 Motion to Seal Document. Signed by Judge Susie Morgan on 1/4/13. (cbn)
January 4, 2013 Filing 605 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284. (Attachments: #1 Affidavit Declaration of James C. Otteson ISO of Opposition, #2 Exhibit A to J. Otteson Declaration, #3 Exhibit B to J. Otteson Declaration)(Otteson, James) Modified on 1/7/2013 (gbw, ).
January 4, 2013 Filing 604 EXPARTE/CONSENT MOTION to Seal Opposition to Innovention's Motion for a Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Attorney Fees, Costs, Expert Fees and Interest and Exhibits 2, 3, and 4 Thereto by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman) Modified on 1/7/2013 (gbw, ).
December 18, 2012 Opinion or Order Filing 603 ORDER granting #600 Motion to Seal Document. Signed by Judge Susie Morgan. (cbn)
December 18, 2012 Filing 602 MOTION by plaintiff for finding of objective willfulness, enhanced damages, exceptional case, attys fees, costs, expert fees and interest. (Attachments: #1 Ashe Declaration, #2 Boyles Declaration, #3 Larson Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Otteson Declaration, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E, #14 Exhibit F) (cbn) (Main Document 602 replaced on 12/18/2012) (cbn, ). (Additional attachment(s) added on 12/18/2012: #15 Exhibit G) (cbn, ). Modified on 12/18/2012 (cbn, ). (Additional attachment(s) added on 12/18/2012: #16 Errata) (cbn, ).
December 18, 2012 Opinion or Order Filing 601 ORDER granting #597 Motion to Seal Document. Signed by Judge Susie Morgan on 12/17/12. (cbn)
December 17, 2012 Filing 600 EXPARTE/CONSENT MOTION to Seal Document #599 MOTION for Attorney Fees (for Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Costs, Expert Fees and Interest) [Corrected Brief] by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment (brief), #3 Errata, #4 Notice of Manual Attachment (errata))(Caine, David)
December 14, 2012 Filing 599 MOTION for Attorney Fees (for Finding of Objective Willfulness, Enhanced Damages, Exceptional Case, Costs, Expert Fees and Interest) by Innovention Toys, LLC. (Caine, David)
December 14, 2012 Filing 598 MOTION to have the Court enter judgment that MGA's infringement of the patent was not willfully under 35 USC 284 by MGA Entertainment, Inc.. (Attachments: #1 Memorandum in Support)(Fendler, Sherman) Modified on 1/7/2013 (gbw, ).
December 14, 2012 Filing 597 EXPARTE/CONSENT MOTION to Seal Document (Motion for Finding of Willfulness, Enhanced Damages, Exceptional Case, Attorney Fees, Interest and Permanent Injunction; Declaration of James C. Otteson and all attached exhibits, Declaration of Barry W. Ashe and all attached exhibits; Declaration of Michael Larson and all attached exhibits; and Declaration of Steven B. Boyles and all attached exhibits) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Otteson, James)
December 8, 2012 Opinion or Order Filing 596 ORDER granting #595 Motion for Extension of Deadlines. Signed by Judge Susie Morgan on 12/7/12. (cbn)
December 6, 2012 Filing 595 EXPARTE/CONSENT MOTION for Extension of Deadlines by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman) Modified on 12/7/2012 (gbw, ).
November 29, 2012 Filing 594 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 11/29/2012. (caa, )
November 29, 2012 Opinion or Order Filing 593 ORDER DENYING defendants' request for leave to file their written objections to the final jury verdict form. Signed by Judge Susie Morgan.(cbn)
November 28, 2012 Filing 592 TRANSCRIPT of Trial, afternoon session-verdict, held on November 9, 2012 before Judge Susie Morgan. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 591 TRANSCRIPT of Trial, afternoon session, held on November 9, 2012 before Judge Susie Morgan. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 590 TRANSCRIPT of Trial, morning session held on November 9, 2012 before Judge Susie Morgan. Court Reporter/Recorder Karen Ibos, Telephone number 504-589-7776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg) Modified docket text on 11/29/2012 (jtd).
November 28, 2012 Filing 589 TRANSCRIPT of Trial, afternoon session, held on November 8, 2012 before Judge Susie Morgan. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 588 TRANSCRIPT of Trial, morning session, held on November 8, 2012 before Judge Susie Morgan. Court Reporter/Recorder Karen Ibos, Telephone number 504-589-7776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 587 TRANSCRIPT of Trial, afternoon session, held on November 7, 2012 before Judge Susie Morgan. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 586 TRANSCRIPT of Trial, morning session, held on November 7, 2012 before Judge Susie Morgan. Court Reporter/Recorder Karen Ibos, Telephone number 504-589-7776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 585 TRANSCRIPT of Trial, afternoon session, held on November 6, 2012 before Judge Susie Morgan. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 584 TRANSCRIPT of Trial, morning session, held on November 6, 2012 before Judge Susie Morgan. Court Reporter/Recorder Karen Ibos, Telephone number 504-589-7776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 583 TRANSCRIPT of Trial, afternoon session, held on November 5, 2012 before Judge Susie Morgan. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 28, 2012 Filing 582 TRANSCRIPT of Trial, morning session, held on November 5, 2012 before Judge Susie Morgan. Court Reporter/Recorder Karen Ibos, Telephone number 504-589-7776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/26/2013. (rsg)
November 27, 2012 Opinion or Order Filing 581 ORDER regarding #580 MOTION For A Briefing Schedule for Remaining Issues Before Entry of Final Judgment. Signed by Judge Susie Morgan on 11/26/12.(cbn)
November 19, 2012 Filing 580 EXPARTE/CONSENT MOTION For A Briefing Schedule for Remaining Issues Before Entry of Final Judgment by Innovention Toys, LLC, MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
November 19, 2012 Filing 579 Response by Innovention Toys, LLC to Defendants' Untimely Objections to the Final Jury Verdict Form (Attachments: #1 Exhibit A)(Otteson, James) Modified on 11/20/2012 (gbw, ).
November 16, 2012 Opinion or Order Filing 578 ORDER: Status Conference set for 11/29/2012 04:00 PM before Magistrate Judge Alma L. Chasez re determination of monetary sanctions. Signed by Magistrate Judge Alma L. Chasez on 11/15/2012.(lag, )
November 15, 2012 Filing 577 OBJECTIONS by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #574 Jury Trial - Completed to the Final Jury Verdict Form (Fendler, Sherman)
November 15, 2012 Opinion or Order Filing 576 ORDERED that this matter is referred to Mag. Judge Chasez for determination of the amount of monetary sanctions that defendants owe to plaintiff regarding categories 1 through 4 as set forth in order. Signed by Judge Susie Morgan on 11/14/12. (NEF: Mag. Judge Chasez)(cbn)
November 14, 2012 Filing 575 INSTRUCTIONS READ TO THE JURY(cbn)
November 10, 2012 Filing 570 Proposed Jury Verdict Form by Innovention Toys, LLC. (Otteson, James)
November 10, 2012 Filing 569 Proposed Post-Trial Jury Instructions by Innovention Toys, LLC. (Otteson, James) Modified on 11/13/2012 (gbw, ).
November 9, 2012 Filing 574 Minute Entry: Jury trial continued from 11/8/12. Witnesses called, evidence entered, verdict reached. (Court Reporter Karen Ibos/Susan Ziellie.) (Attachments: #1 Exhibit list #2 Jury questions, #3 Jury verdict) (cbn) (Attachment 2 replaced on 11/28/2012) (cbn, ). (Attachment 3 replaced on 11/28/2012) (cbn, ).
November 9, 2012 Filing 568 Proposed Jury Instructions by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
November 9, 2012 Filing 567 Proposed Jury Verdict Form by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
November 8, 2012 Filing 573 Minute Entry: Jury trial continued from 11/7/12. Witnesses heard, evidence entered. Continued to 11/9/12. (Court Reporter Karen Ibos/Susan Ziellie.) (cbn)
November 7, 2012 Filing 572 Minute Entry: Jury trial continued from 11/6/12. Court granted #564 MOTION for Issue Sanctions for Discovery Abuse and Misrepresentations to the court filed by Innovention Toys, LLC. Trial continued to 11/8/12. (Court Reporter Karen Ibos/SusanZiellie.) (cbn)
November 7, 2012 Filing 565 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #564 MOTION for Issue Sanctions for Discovery Abuse and Misrepresentations to the court. (Fendler, Sherman) Modified on 11/8/2012 (gbw, ).
November 7, 2012 Filing 564 MOTION for Issue Sanctions for Discovery Abuse and Misrepresentations to the court by Innovention Toys, LLC. (Otteson, James) Modified on 11/8/2012 (gbw, ). Modified on 11/8/2012 (gbw, ).
November 7, 2012 Filing 561 DEFICIENT** MOTION for Sanctions Plaintiff Innovention's Motion for Issue Sanctions for Discovery Abuse and Misrepresentations to the Court by Innovention Toys, LLC. (Otteson, James) Modified on 11/7/2012 (gbw, ).
November 6, 2012 Filing 571 Minute Entry: Jury trial continued from 11/5/12.Court orally granted motions to admit Michael Nicodema, and Matthew Levinstein pro hac vice. Trial continued to 11/7/12. (Court Reporter Karen Ibos/Susan Ziellie.) (cbn)
November 6, 2012 Filing 563 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Michael A. Nicodema (Filing fee $ 100) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Affidavit & Certificate)(gbw, )
November 6, 2012 Filing 562 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Matthew J. Levinstein (Filing fee $ 100) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Affidavit & Certificate)(gbw, )
November 6, 2012 Opinion or Order Filing 560 ORDER: The Court has reviewed documents from defendants for in camera review and finds that they are responsive to plaintiff's request number 33 and plaintiff's interrogatory number 16. These documents are to be produced to counsel for plaintiff by 11/6/12 at 9:00 p.m. CST. Signed by Judge Susie Morgan.(cbn)
November 6, 2012 Filing 559 MOTION in Limine No. 6 to Exclude "Opinions of Counsel" and All Reference Thereto or, in the Alternative, to Preclude Testimony Regarding Stricken Material by Innovention Toys, LLC. (Otteson, James) Modified on 11/7/2012 (gbw, ).
November 6, 2012 Filing 558 DEFICIENT** EXPARTE/CONSENT MOTION for Reconsideration re #556 Order ; by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman) Modified on 11/7/2012 (gbw, ).
November 5, 2012 Filing 566 Minute Entry: Jury trial began before Judge Susie Morgan. Jury selection held, witnesses called. Continued to 11/6/12. (Court Reporter Karen Ibos/Susan Ziellie.) (cbn)
November 5, 2012 Filing 557 Supplemental Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
November 4, 2012 Opinion or Order Filing 556 ORDER AND REASONS re #503 Objections to Defendants Exhibits filed by Innovention Toys, LLC, as stated herein. Signed by Judge Susie Morgan on 11/4/12. (tsf, )
November 4, 2012 Opinion or Order Filing 555 ORDER re #548 Objections to Plaintiff's Supplemental Exhibits filed by MGA Entertainment, Inc., Toys "R" Us, Inc., and Wal-Mart Stores, Inc., as stated herein. Signed by Judge Susie Morgan on 11/4/2012. (tsf, )
November 4, 2012 Opinion or Order Filing 554 ORDER re #510 Objections to Plaintiff's Exhibits filed by MGA Entertainment, Inc., Toys "R" Us, Inc., and Wal-Mart Stores, Inc., as stated herein. Signed by Judge Susie Morgan on 11/4/2012. (tsf, )
November 4, 2012 Opinion or Order Filing 553 ORDER granting in part and denying in part re #484 Request for Enforcement of Rule 37(c) filed by Innovention Toys, LLC, as stated herein. Signed by Judge Susie Morgan on 11/04/2012. (tsf, )
November 3, 2012 Opinion or Order Filing 552 ORDER AND REASONS granting #469 Motion in Limine No. 1, as stated herein. Signed by Judge Susie Morgan on 11/03/2012. (tsf, )
November 3, 2012 Filing 551 Response by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. to Plaintiff's Objections to Defendants' Supplemental Exhibits (Fendler, Sherman) Modified on 11/5/2012 (gbw, ).
November 3, 2012 Filing 550 Response/Reply by Innovention Toys, LLC to Defendants' Objections to Trial Exhibits 372 and 373 (Otteson, James) Modified on 11/5/2012 (gbw, ).
November 2, 2012 Filing 549 Supplemental Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
November 2, 2012 Filing 548 OBJECTIONS by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #526 Exhibit List (Fendler, Sherman)
November 2, 2012 Filing 547 Response by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. to #484 Request by Innovention Toys, LLC for Enforcement of Rule 37(c) (Fendler, Sherman) Modified on 11/5/2012 (gbw, ).
November 2, 2012 Filing 546 OBJECTIONS by Innovention Toys, LLC to Defendants' Demonstratves, Exhibits and Arguments Concerning the Federal Circuit's Opinion (Otteson, James) Modified on 11/5/2012 (gbw, ).
November 2, 2012 Filing 545 OBJECTIONS by Innovention Toys, LLC to Defendants' Supplemental Exhibits (Otteson, James) Modified on 11/5/2012 (gbw, ).
November 2, 2012 Filing 544 Correction of Docket Entry by Clerk re #543 Objections. Wrong Document filed. Document to be re-filed by attorney. (gbw, )
November 2, 2012 Filing 543 ERROR: WRONG DOCUMENT FILED, TO BE REFILED** OBJECTIONS by Innovention Toys, LLC Plaintiff Innovention's Objections to Defendants' Supplemental Exhibits (Otteson, James) Modified on 11/2/2012 (gbw, ).
November 2, 2012 Opinion or Order Filing 542 ORDER AND REASONS granting in part and denying in part #473 Motion in Limine No. 5, as stated herein. Signed by Judge Susie Morgan on 11/02/2012. (tsf, )
November 2, 2012 Opinion or Order Filing 541 ORDER granting in part and denying in part Plaintiff's #501 Objections to Defendants' Deposition Counter-Designations, as stated herein. Signed by Judge Susie Morgan on 11/02/2012. (tsf, )
November 2, 2012 Opinion or Order Filing 540 ORDER granting in part and denying in part Defendants' #499 OBJECTIONS to Plaintiff's Deposition Designations, as stated herein. Signed by Judge Susie Morgan on 11/02/2012. (tsf, )
November 2, 2012 Opinion or Order Filing 539 ORDER AND REASONS denying #471 Motion in Limine No. 2 with respect to Phillips' testimony on the meaning of terms set out in footnote 5. With respect to Plaintiff's broader request precluding any evidence, claim or argument regarding any claim construction not previously provided by Judge Feldman, the Court will address such issues, if they arise, at trial. Signed by Judge Susie Morgan. (cbn)
November 2, 2012 Filing 538 Joint Submission re Statement of the Case Innovention's Proposed Statement by Innovention Toys, LLC, MGA Entertainment, Inc., Wal-Mart Stores, Inc., Toys "R" US, Inc. (Otteson, James) Modified on 11/5/2012 (gbw, ).
November 2, 2012 Filing 537 Joint Proposed Initial Jury Instructions by Innovention Toys, LLC, Wal-Mart Stores, Inc., Toys "R" Us, Inc., MGA Entertainment, Inc. (Otteson, James) Modified on 11/5/2012 (gbw, ).
November 2, 2012 Opinion or Order Filing 535 ORDER denying in part and deferring ruling in part re #472 Motion in Limine No. 4, as stated herein. Signed by Judge Susie Morgan on 11/01/2012. (tsf, )
November 2, 2012 Opinion or Order Filing 534 ORDER granting #470 Motion in Limine No. 3 as written, but also clarifying the testimony that defendants will be allowed to introduce, as stated herein. Signed by Judge Susie Morgan on 11/01/2012. (tsf, )
November 1, 2012 Filing 536 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Status Conference held on 11/1/2012. ORDER that the parties shall observe the deadlines in preparation for trial as stated herein and attend an In Chambers Status Conference set for 11/5/2012 08:30 AM before Judge Susie Morgan in room C-508. (tsf, )
November 1, 2012 Filing 533 Supplemental Brief by Innovention Toys, LLC in support of #484 Request for Enforcement. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Otteson, James) Modified on 11/2/2012 (gbw, ).
November 1, 2012 Opinion or Order Filing 532 ORDER AND REASONS denying #481 Motion in Limine No. 5, as stated herein. Signed by Judge Susie Morgan on 11/01/2012. (tsf, )
November 1, 2012 Opinion or Order Filing 531 ORDER granting #479 Motion in Limine No. 4, as stated herein. Signed by Judge Susie Morgan on 11/01/2012. (tsf, )
November 1, 2012 Opinion or Order Filing 530 ORDER granting #478 Motion in Limine No. 3, as stated herein. Signed by Judge Susie Morgan on 11/01/2012. (tsf, )
November 1, 2012 Opinion or Order Filing 529 ORDER AND REASONS granting in part and denying in part #477 Motion in Limine No. 2, as stated herein. Signed by Judge Susie Morgan on 11/01/2012. (tsf, )
November 1, 2012 Opinion or Order Filing 528 ORDER AND REASONS granting in part and denying in part #480 Motion in Limine No. 1, as stated herein. Signed by Judge Susie Morgan. (cbn)
November 1, 2012 Filing 527 Manual Attachment Received on CD re #525 Exhibit List, filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (gbw, )
October 31, 2012 Filing 526 Supplemental Exhibit List by Innovention Toys, LLC. (Attachments: #1 Trial Exhibit 371, #2 Trial Exhibit 372)(Otteson, James)
October 31, 2012 Filing 525 Supplemental Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Notice of Manual Attachment)(Fendler, Sherman)
October 31, 2012 Filing 524 Disclosure by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. of charts, graphs, demonstratives for use at the opening statement and/or closing argument. (Fendler, Sherman) Modified on 11/1/2012 (gbw, ).
October 31, 2012 Filing 523 List & Description of Charts & Graphs to be used during opening & closing arguments by Innovention Toys, LLC (Otteson, James) Modified on 11/1/2012 (gbw, ).
October 31, 2012 Filing 522 Response by Innovention Toys, LLC to defendant's objections to plaintiff's exhibits (Otteson, James) Modified on 11/1/2012 (gbw, ).
October 31, 2012 Filing 521 Response by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. to plaintiff Inovation's objections to defendants' exhibits (Fendler, Sherman) Modified on 11/1/2012 (gbw, ).
October 31, 2012 Filing 520 Manual Attachment Exhibits 364 & 365 on two CDs Received re #518 Exhibit List filed by Innovention Toys, LLC. (gbw, )
October 30, 2012 Filing 519 Manual Attachment Exhibit A on CD Received on re #515 Exhibit List filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (gbw, )
October 30, 2012 Filing 518 Supplemental Exhibit List by Innovention Toys, LLC. (Attachments: #1 Trial Exhibit 362, #2 Trial Exhibit 363, #3 Notice of Manual Attachment)(Otteson, James)
October 30, 2012 Opinion or Order Filing 517 ORDERED that the status Conference set for 10/31/12 at 5:00 p.m. is reset to 11/1/2012 09:00 AM before Judge Morgan. Signed by Judge Susie Morgan.(cbn)
October 30, 2012 Filing 516 NOTICE: The trial set 11/5/12 will be held in Courtroom C-414. Signed by Judge Susie Morgan.(cbn)
October 30, 2012 Filing 515 Supplemental Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Notice of Manual Attachment, #2 Exhibit)(Fendler, Sherman)
October 29, 2012 Filing 514 Proposed Jury Instructions by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fendler, Sherman)
October 29, 2012 Filing 513 Proposed Voir Dire by Innovention Toys, LLC. (Otteson, James)
October 29, 2012 Filing 512 Proposed Jury Instructions by Innovention Toys, LLC. (Otteson, James)
October 29, 2012 Filing 511 Proposed Jury Verdict Form by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
October 29, 2012 Filing 510 OBJECTIONS by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. to Plaintiff's Exhibits (Fendler, Sherman)
October 29, 2012 Filing 509 Response by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. to plaintiff's objections to defendants' deposition counter-designations (Fendler, Sherman) Modified on 10/30/2012 (gbw, ).
October 29, 2012 Filing 508 Statement of the Case by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (Fendler, Sherman) Modified on 10/30/2012 (gbw, ).
October 29, 2012 Filing 507 Proposed Voir Dire by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
October 29, 2012 Filing 506 Statement of the Case by Innovention Toys, LLC (Otteson, James) Modified on 10/30/2012 (gbw, ).
October 29, 2012 Filing 505 Proposed Jury Verdict Form by Innovention Toys, LLC. (Otteson, James)
October 29, 2012 Filing 504 Memorandum by Innovention Toys, LLC in Response to Defendants' Objections to Plaintiff's Deposition Designations (Otteson, James) Modified on 10/30/2012 (gbw, ).
October 29, 2012 Filing 503 OBJECTIONS by Innovention Toys, LLC to Defendants' Exhibit (replacing DKT. 502) (Attachments: #1 Exhibit A, #2 Exhibit B)(Otteson, James) Modified on 10/29/2012 (gbw, ).
October 29, 2012 Filing 502 DOCUMENT REFILED AS DOC. #503** OBJECTIONS by Innovention Toys, LLC TO DEFENDANTS' EXHIBITS (Otteson, James) Modified on 10/29/2012 (gbw, ).
October 26, 2012 Filing 501 OBJECTIONS by Innovention Toys, LLC to Defendants' Deposition Counter-Designations (Otteson, James) Modified on 10/29/2012 (gbw, ).
October 26, 2012 Filing 500 Memorandum in Opposition Innovention's Request by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #484 Request for Enforcement of Rule 37(c) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fendler, Sherman) Modified on 10/29/2012 (gbw, ).
October 26, 2012 Filing 499 OBJECTIONS to Plaintiff's Deposition Designations by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (Fendler, Sherman) Modified on 10/29/2012 (gbw, ).
October 25, 2012 Filing 498 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #473 MOTION in Limine #5 to Preclude Any Evidence, Claim or Argument that Patent Applications are Secret After Publication or that Innovention was Obligated to Inform Defendants of Prosecution Events (Motion in Limine No. 5) . (Fendler, Sherman)
October 25, 2012 Filing 497 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #472 MOTION in Limine #4 to Preclude Any Evidence, Claim or Argument Regarding Opinions of Defendants' Experts Not Included in Their Reports (Motion in Limine No. 4) . (Fendler, Sherman)
October 25, 2012 Filing 496 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #470 MOTION in Limine #3 to Preclude Any Evidence, Claim or Argument that Innovention had an Obligation to Disclose the Laser Chess Articles to the U.S. Patent and Trademark Office (Motion in Limine No. 3) . (Fendler, Sherman)
October 25, 2012 Filing 495 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #471 MOTION in Limine #2 to Preclude Any Evidence, Claim or Argument Regarding Any Claim Construction Not Previously Provided by Judge Feldman (Motion in Limine No. 2) . (Attachments: #1 Exhibit 1)(Fendler, Sherman)
October 25, 2012 Filing 494 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #469 MOTION in Limine #1 to Preclude Any Evidence, Claim or Argument that the Federal Circuit has Already Decided Anything About the Differences Between Swift and the Laser Chess Articles and the Asserted Claims (Motion in Limine No. 1) . (Fendler, Sherman)
October 25, 2012 Filing 493 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #481 MOTION in Limine #5 to Preclude unsubstantiated, unreliable hearsay testimony & argument regarding supposed conversations between plaintiff & (i) retail buyers at the 2006 New York Toy Fair & (2) Robert Schlomoff, an allegedly potential investor . (Otteson, James)
October 25, 2012 Filing 492 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #479 MOTION in Limine #4 to Preclude evidence, testimony & argument regarding other litigation in which any defendant is a party Plaintiff Innovention's Response to MGA's Motion in Limine No. 4 to Preclude Evidence of Other Litigation in Which Any Defendant is a Party. (Otteson, James)
October 25, 2012 Filing 491 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #478 MOTION in Limine #3 to preclude lay witness opinion testimony regarding (i) gaming industry royalty rates, (ii) U.S. Patent Office Practices & Procedures, and/or (iii) any purported effect on plaintiff's sales from alleged product quality Plaintiff Innovention's Response to MGA's Motion in Limine No. 3 to Preclude Lay Witness Opinion Testimony Regarding (i) Royalty Rates, (ii) U.S. PTO Procedures, and/or (iii) Any Effect on Plaintiff's Sales From Product Quality Differences. (Otteson, James)
October 25, 2012 Filing 490 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #477 MOTION in Limine #2 to Preclude from trial irrevelant & prejudicial evidence, testimony, and argument relating to (i) Hurricane Katrina, (ii) the recently released Khet 2.0, (iii) the vacated permanent injunction, and (iv) the overall revenues . (Attachments: #1 Exhibit A)(Otteson, James)
October 25, 2012 Filing 489 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #476 MOTION in Limine #1 to Preclude evidence, testimony, and argument that defendants have been found to infringe the 242 patent & that the court has sanctioned the parties Plaintiff Innovention's Opposition to Defendants' Motion in Limine No. 1. (Attachments: #1 Exhibit A, #2 Exhibit B)(Otteson, James)
October 24, 2012 Filing 488 NOTICE by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. Counter-Deposition Designations. (Fendler, Sherman)
October 24, 2012 Filing 487 Final Witness List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
October 24, 2012 Filing 486 Final Witness List by Innovention Toys, LLC. (Otteson, James)
October 24, 2012 Filing 485 TRANSCRIPT of Motion Hearing held on September 28, 2012 before Judge Susie Morgan. Court Reporter/Recorder Cindy Usner, Telephone number 504-589-7723. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 1/22/2013. (rsg)
October 24, 2012 Filing 484 Request by Innovention Toys, LLC for Enforcement of Rule 37(c) (Otteson, James)
October 22, 2012 Opinion or Order Filing 483 PRETRIAL ORDER. Signed by Judge Susie Morgan on 10/9/12.(cbn)
October 22, 2012 Opinion or Order Filing 482 ORDER granting #475 Motion to Seal exhibits B and C to the Omnibus Declaration of Thomas T. Carmack. Signed by Judge Susie Morgan. (cbn)
October 18, 2012 Filing 481 EXPARTE/CONSENT MOTION in Limine #5 to Preclude unsubstantiated, unreliable hearsay testimony & argument regarding supposed conversations between plaintiff and (i) retail buyers at the 2006 New York Toy Fair and (2) Robert Schlomoff, an allegedly potential investor in plaintiff by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Fendler, Sherman) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 480 EXPARTE/CONSENT MOTION in Limine #1 to Preclude evidence, testimony & argument that defendants have been found to infringe the 242 Patent & that the court has sanctioned the parties by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Proposed Order)(Fendler, Sherman) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 479 EXPARTE/CONSENT MOTION in Limine #4 to Preclude evidence, testimony & argument regarding other litigation in which any defendant is a party by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Proposed Order)(Fendler, Sherman) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 478 EXPARTE/CONSENT MOTION in Limine #3 to Preclude lay witness opinion testimony regarding (i) gaming industry royalty rates, (ii) U.S. Patent Office Practices & Procedures, and/or (iii) any purported effect on plaintiff's sales from alleged product quality differences by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Fendler, Sherman) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 477 EXPARTE/CONSENT MOTION in Limine #2 to Preclude from trial irrevelant & prejudicial evidence, testimony, and argument relating to (i) Hurricane Katrina, (ii) the recently released Khet 2.0, (iii) the vacated permanent injunction, and (iv) the overall revenues, profits or wealth of any of the defendants relative to plaintiff by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Fendler, Sherman) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 476 ERROR: DUPLICATE DOCUMENT FILED, SAME AS DOC. #480** EXPARTE/CONSENT MOTION in Limine #1 to Preclude evidence, testimony, and argument that defendants have been found to infringe the 242 patent & that the court has sanctioned the parties by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Fendler, Sherman) Modified on 10/19/2012 (gbw, ). Modified on 10/31/2012 (gbw, ).
October 18, 2012 Filing 475 EXPARTE/CONSENT MOTION to Seal Document #474 Declaration, (to Seal Exhibits B and C to Declaration of Thomas T. Carmack in Support of Motion in Limine Nos. 2, 4, and 5) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Otteson, James)
October 18, 2012 Filing 474 Declaration by Innovention Toys, LLC (Omnibus Declaration of Thomas T. Carmack in Support of Plaintiff Innovention's Motion in Limine Nos. 2, 4 and 5) (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Notice of Manual Attachment)(Otteson, James) (Additional attachment(s) added on 10/22/2012: #4 Exhibit B (SEALED), #5 Exhibit C (SEALED)) (tsf, ).
October 18, 2012 Filing 473 MOTION in Limine #5 to Preclude Any Evidence, Claim or Argument that Patent Applications are Secret After Publication or that Innovention was Obligated to Inform Defendants of Prosecution Events by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support)(Otteson, James) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 472 MOTION in Limine #4 to Preclude Any Evidence, Claim or Argument Regarding Opinions of Defendants' Experts Not Included in Their Reports by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support)(Otteson, James) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 471 MOTION in Limine #2 to Preclude Any Evidence, Claim or Argument Regarding Any Claim Construction Not Previously Provided by Judge Feldman by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support)(Otteson, James) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 470 MOTION in Limine #3 to Preclude Any Evidence, Claim or Argument that Innovention had an Obligation to Disclose the Laser Chess Articles to the U.S. Patent and Trademark Office by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support)(Otteson, James) Modified on 10/19/2012 (gbw, ).
October 18, 2012 Filing 469 MOTION in Limine #1 to Preclude Any Evidence, Claim or Argument that the Federal Circuit has Already Decided Anything About the Differences Between Swift and the Laser Chess Articles and the Asserted Claims by Innovention Toys, LLC. (Attachments: #1 Memorandum in Support)(Otteson, James) Modified on 10/19/2012 (gbw, ). Modified on 10/19/2012 (gbw, ).
October 17, 2012 Opinion or Order Filing 468 ORDER granting in part and denying in part #418 Motion in Limine and #425 Motion in Limine as set forth herein. Signed by Judge Susie Morgan on 10/17/2012. (caa, )
October 15, 2012 Opinion or Order Filing 467 ORDER denying #423 Motion for Summary Judgment. Signed by Judge Susie Morgan. (cbn)
October 11, 2012 Filing 466 Minute Entry: Final Pretrial Conference held on 10/11/2012. Counsel shall comply with all deadlines set forth in order. Status Conference set for 10/31/2012 05:00 PM before Judge Susie Morgan. (Attachments: #1 Pretrial Notice Form) (cbn)
October 4, 2012 Opinion or Order Filing 465 ORDER denying #415 Motion to Stay. Signed by Judge Susie Morgan. (cbn)
October 2, 2012 Opinion or Order Filing 464 ORDER denying #420 Motion for Summary Judgment; denying #434 Motion for Summary Judgment. Signed by Judge Susie Morgan. (cbn)
October 2, 2012 Opinion or Order Filing 463 ORDER denying #411 Motion for leave to conduct discovery. Signed by Judge Susie Morgan. (cbn)
September 28, 2012 Filing 462 Minute Entry: oral argument held before Judge Susie Morgan: re #423 MOTION for Summary Judgment of No Willful Infringement filed by MGA Entertainment, Inc., #434 MOTION for Summary Judgment of obviousness filed by MGA Entertainment, Inc., #420 MOTION for Summary Judgment of Nonobviousness filed by Innovention Toys, LLC, #418 MOTION in Limine to Exclude the Proposed Testimony of Plaintiff's Technical Expert David Eimerl Regarding Commercial Secondary Considerations of Nonobviousness filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc., #425 MOTION in Limine to Plaintiff Innovention's Motion in Limine to Exclude the Testimony and Report of Samuel Phillips filed by Innovention Toys, LLC. Motions taken under submission. (Court Reporter Cindy Usner.) (cbn, )
September 20, 2012 Opinion or Order Filing 461 ORDER granting #456 Motion to Appear Pro Hac Vice as to Brandon D. Baum. Signed by Judge Susie Morgan. (cbn)
September 14, 2012 Filing 460 RESPONSE of MGA to pla's local Rule 56.2 statement of additional facts in support of its oppo to MGA's mtn for summary judgment of no willful infringement.(cbn)
September 14, 2012 Opinion or Order Filing 459 ORDER granting #455 Motion for Leave to File. Signed by Judge Susie Morgan. (cbn)
September 14, 2012 Filing 458 RESPONSE of MGA to pla's Local Rule 56.2 statement of additional facts in support of its oppo to MGA's mtn for summary judgment of obviousness. (cbn)
September 14, 2012 Opinion or Order Filing 457 ORDER granting #454 Motion for Leave to File. Signed by Judge Susie Morgan. (cbn)
September 14, 2012 Filing 456 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Brandon Baum (Filing fee $ 100 receipt number 053L-3659501) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit)(Ashe, Barry)
September 12, 2012 Filing 455 EXPARTE/CONSENT MOTION for Leave to File MGA's Response to Innovention's Local Rule 56.2 Statement of Additional Facts in Support of Its Opposition to MGA's Motion for Summary Judgment of No Willful Infringement by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Fendler, Sherman)
September 12, 2012 Filing 454 EXPARTE/CONSENT MOTION for Leave to File MGA's Response to Innovention's Local Rule 56.2 Statement of Additional Facts in Support of Its Opposition to Defendants' Motion for Summary Judgment of Obviousness by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Fendler, Sherman)
September 12, 2012 Opinion or Order Filing 453 ORDER: Oral argument will be held re: #418 MOTION in Limine to Exclude the Proposed Testimony of Plaintiff's Technical Expert David Eimerl Regarding Commercial Secondary Considerations of Nonobviousness, #434 MOTION for Summary Judgment, #420 MOTION for Summary Judgment of Nonobviousness, #423 MOTION for Summary Judgment of No Willful Infringement, #425 MOTION in Limine to Plaintiff Innovention's Motion in Limine to Exclude the Testimony and Report of Samuel Phillips, on 9/28/12 at 10:00 a.m. Signed by Judge Susie Morgan on 9/11/12.(cbn)
September 10, 2012 Filing 452 Correction of Docket Entry by Clerk re #441 Affidavit in Opposition to Motion. Document should be filed as an attachment to Opposition instead of a separate docket entry. Clerk took corrective action by attaching this document to Rec. Doc. 450. (clm, )
September 10, 2012 Filing 451 OPPOSITION of pla to #423 MOTION of dft for summary judgment of no willful infringement. (cbn)
September 10, 2012 Filing 450 OPPOSITION of pla to dft's #434 MOTION for summary judgment of obviousness. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B) (cbn)
September 10, 2012 Opinion or Order Filing 449 ORDER granting #438 Motion to Seal Document. Signed by Judge Susie Morgan. (cbn)
September 10, 2012 Opinion or Order Filing 448 ORDER granting #437 Motion to Seal Document. Signed by Judge Susie Morgan. (cbn)
September 10, 2012 Opinion or Order Filing 447 ORDER granting #436 Motion to Seal Document. Signed by Judge Susie Morgan on 9/10/12. (cbn)
September 10, 2012 Opinion or Order Filing 446 ORDER granting #421 Motion to Seal Document. Signed by Judge Susie Morgan on 9/7/12. (cbn)
September 10, 2012 Opinion or Order Filing 445 ORDER granting #417 Motion to Seal. Signed by Judge Susie Morgan on 9/7/12. (cbn)
September 10, 2012 Filing 444 EXPARTE/CONSENT MOTION to Continue Oral Argument Set for September 26, 2012 by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
September 7, 2012 Filing 443 Request/Statement of Oral Argument by Innovention Toys, LLC regarding #425 MOTION in Limine to Plaintiff Innovention's Motion in Limine to Exclude the Testimony and Report of Samuel Phillips . (Otteson, James) Modified text on 9/10/2012 (clm, ).
September 7, 2012 Filing 442 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #418 MOTION in Limine to Exclude the Proposed Testimony of Plaintiff's Technical Expert David Eimerl Regarding Commercial Secondary Considerations of Nonobviousness . (Otteson, James) Modified text on 9/10/2012 (clm, ).
September 7, 2012 Filing 441 **ERROR: DOCUMENT INCORRECTLY FILED AS A SEPARATE ENTRY; SEE REC DOC 450** Affidavit in Opposition Affiant Thomas T. Carmack re #434 MOTION for Summary Judgment of Obviousness by Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ashe, Barry) Modified on 9/10/2012 (clm, ). Modified on 9/10/2012 (clm, ).
September 7, 2012 Filing 440 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc. re #425 MOTION in Limine to Plaintiff Innovention's Motion in Limine to Exclude the Testimony and Report of Samuel Phillips . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4)(Fendler, Sherman) (Additional attachment(s) added on 9/10/2012: #4 Exhibit 3 - SEALED) (cbn, ).
September 7, 2012 Filing 439 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc. re #420 MOTION for Summary Judgment of Nonobviousness . (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)(Fendler, Sherman) (Additional attachment(s) added on 9/10/2012: #9 Statement of Contested/Uncontested Facts SEALED) (cbn, ).
September 7, 2012 Filing 438 EXPARTE/CONSENT MOTION to Seal Document /Expert Report of Plaintiff;s Technical Expert David Eimerl and MGAS Local Rule 56.2 Response to Innovention's Local Rule 56.1 Statement of Undisputed Material Facts in Support to Its Motion for Summary Judgment of Nonobviousness by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
September 7, 2012 Filing 437 EXPARTE/CONSENT MOTION to Seal Document by Innovention Toys, LLC. (Attachments: #1 Notice of Manual Attachment (Innovention's Opposition to Defendants' Motion for Summary Judgment of No Willful Infringement, Statement of Facts in support of same, and Declaration of James C. Otteson), #2 Proposed Order)(Ashe, Barry)
September 7, 2012 Filing 436 EXPARTE/CONSENT MOTION to Seal Document by Innovention Toys, LLC. (Attachments: #1 Notice of Manual Attachment (Innovention's Opposition to Defendants' Renewed Motion for Summary Judgment of Obviousness and Statement of Facts in support of same), #2 Proposed Order)(Ashe, Barry)
September 7, 2012 Filing 435 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #415 MOTION to Stay Claims Against Wal-Mart and Toys 'R' Us Opposition to Defendants' Motion to Stay Proceedings. (Attachments: #1 Exhibit A, #2 Proposed Order)(Otteson, James)
September 7, 2012 Filing 434 MOTION for Summary Judgment of obviousness by MGA Entertainment, Inc. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Proposed Order, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10)(cbn) Modified on 9/13/2012 to edit mtn text (bbc, ).
September 7, 2012 Opinion or Order Filing 433 ORDER granting #429 Motion for Leave to File Excess Pages. Signed by Judge Susie Morgan on 9/6/12. (cbn)
September 7, 2012 Opinion or Order Filing 432 ORDER granting in part and denying in part #416 Motion to Continue. Signed by Judge Susie Morgan on 9/6/12. (cbn)
September 6, 2012 Opinion or Order Filing 431 ORDER setting Oral Argument re #418 MOTION in Limine to Exclude the Proposed Testimony of Plaintiff's Technical Expert David Eimerl Regarding Commercial Secondary Considerations of Nonobviousness; #420 MOTION for Summary Judgment of Nonobviousness; #423 MOTION for Summary Judgment of No Willful Infringement; and #429 MOTION for Leave to File Excess Pages. Deadlines as stated herein. Motion Hearing with Oral Argument Requested, set for 9/26/2012 10:00 AM. Signed by Judge Susie Morgan on 9/6/12. (tsf,)
September 6, 2012 Opinion or Order Filing 430 ORDER dismissing as moot #412 Motion for Extension of Deadlines. Signed by Judge Susie Morgan. (cbn)
September 6, 2012 Filing 429 EXPARTE/CONSENT MOTION for Leave to File Excess Pages by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Statement of Contested/Uncontested Facts, #5 Notice of Submission, #6 Proposed Order, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10)(Fendler, Sherman)
September 5, 2012 Filing 428 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #411 MOTION To Conduct Discovery Limited to Plaintiff's Malpractice Claim in the Related L&A Litigation . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Otteson, James) Modified on 9/6/2012 (clm, ).
September 4, 2012 Filing 427 Correction of Docket Entry by Clerk re documents 415-423. The Proposed Order should not include the word Proposed but only reflect Order on the actual document. In addition, Document contains incorrect Section Judge. All future pleadings must reflect Section "E", Section Judge Susie Morgan (clm, )
September 4, 2012 Filing 426 Correction of Docket Entry by Clerk re #416 MOTION to Continue Filing Date, and for Additional Pages. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (clm, )
August 31, 2012 Filing 425 MOTION in Limine to Exclude the Testimony and Report of Samuel Phillips by Innovention Toys, LLC. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Notice of Submission, #2 Memorandum in Support , #3 Affidavit , #4 Exhibit A, #5 Exhibit B )(Otteson, James) Modified text on 9/4/2012 (clm, ).
August 31, 2012 Filing 424 Request/Statement of Oral Argument by MGA Entertainment, Inc. regarding #419 MOTION for Summary Judgment of Obviousness, #423 MOTION for Summary Judgment of No Willful Infringement, #418 MOTION in Limine to Exclude the Proposed Testimony of Plaintiff's Technical Expert David Eimerl Regarding Commercial Secondary Considerations of Nonobviousness . (Fendler, Sherman)
August 31, 2012 Filing 423 MOTION for Summary Judgment of No Willful Infringement by MGA Entertainment, Inc.. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Proposed Order, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16)(Fendler, Sherman)
August 31, 2012 Filing 422 Request/Statement of Oral Argument by Innovention Toys, LLC regarding #420 MOTION for Summary Judgment of Nonobviousness . (Ashe, Barry) Modified on 9/4/2012 (clm, ).
August 31, 2012 Filing 421 EXPARTE/CONSENT MOTION to Seal Document (Memorandum in Support and Statement of Material Facts ) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment )(Ashe, Barry) Modified text on 9/4/2012 (clm, ).
August 31, 2012 Filing 420 MOTION for Summary Judgment of Nonobviousness by Innovention Toys, LLC. Motion set for 9/12/2013 10:00 AM before Judge Susie Morgan. (Attachments: #1 Notice of Manual Attachment:Memorandum in Support of Motion and Statement of Material Facts ), #2 Notice of Submission, #3 Affidavit )(Ashe, Barry) Modified on 9/4/2012 (clm, ). (Additional attachment(s) added on 9/10/2012: #4 Memorandum in Support SEALED) (cbn, ).
August 31, 2012 Filing 419 **DEFICIENT** MOTION for Summary Judgment of Obviousness by MGA Entertainment, Inc.. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Proposed Order, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10)(Fendler, Sherman) Modified on 9/4/2012 (clm, ).
August 31, 2012 Filing 418 MOTION in Limine to Exclude the Proposed Testimony of Plaintiff's Technical Expert David Eimerl Regarding Commercial Secondary Considerations of Nonobviousness by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit 2, #5 Exhibit 3)(Fendler, Sherman) (Additional attachment(s) added on 9/10/2012: #6 Exhibit 1 - SEALED) (cbn, ).
August 31, 2012 Filing 417 EXPARTE/CONSENT MOTION to Seal Document /Exhibit 1 to Defendants' Motion in Limine to Exclude Proposed Testimony of David Eimerl by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
August 31, 2012 Filing 416 EXPARTE/CONSENT MOTION to Continue Filing Date, and for Additional Pages by Innovention Toys, LLC. (Attachments: #1 Proposed Order )(Otteson, James) Modified on 9/4/2012 (clm, ).
August 31, 2012 Filing 415 MOTION to Stay Claims Against Wal-Mart and Toys 'R' Us by Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5)(Fendler, Sherman)
August 31, 2012 Filing 414 Correction of Docket Entry by Clerk re #413 MOTION for Extension of Deadlines for filing of non-evidentiary pre-trial motions and motions in limine regarding admissibility of expert testimony; **This is a duplicate filing of document 412 and will be noted as such. No further action is necessary.** (plh, )
August 27, 2012 Filing 413 **ERROR: DUPLICATE ENTRY TO RECORD DOC 412** EXPARTE/CONSENT MOTION for Extension of Deadlines for filing of non-evidentiary pre-trial motions and motions in limine regarding admissibility of expert testimony by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman) Modified on 8/31/2012 (plh, ).
August 27, 2012 Filing 412 EXPARTE/CONSENT MOTION for Extension of Deadlines for filing of non-evidentiary pre-trial motions and motions in limine regarding admissibility of expert testimony by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Fendler, Sherman)
August 24, 2012 Filing 411 MOTION To Conduct Discovery Limited to Plaintiff's Malpractice Claim in the Related L&A Litigation by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9a, #13 Exhibit 9b)(Fendler, Sherman)
August 16, 2012 Filing 410 Minute Entry: Status conference held before Judge Susie Morgan on 8/16/12. Counsel shall comply with the deadlines set forth herein. Pretrial conference set 10/11/12 at 2:00 p.m. 4 day jury trial set 11/5/12 beginning at 9:00 a.m. (cbn)
May 4, 2012 Opinion or Order Filing 409 SCHEDULING ORDER: Final Pretrial Conference set for 10/11/2012 02:00 PM before Judge Susie Morgan. Status Conference set for 8/16/2012 03:30 PM before Judge Morgan. 4 day Jury Trial set for 11/5/2012 09:00 AM before Judge Morgan. Signed by clerk. (Attachments: #1 Pretrial Notice Form)(cbn, )
April 17, 2012 Filing 408 NOTICE Scheduling Conference set for 4/27/2012 10:00 AM before courtroom deputy by telephone.(cbn, )
April 4, 2012 Opinion or Order Filing 407 ORDER TRANSFERRING CASE. Case transferred to Judge Susie Morgan for all further proceedings. Judge Martin L.C. Feldman no longer assigned to case. Signed by Judge Martin L.C. Feldman on 4/4/2012.(caa, )
February 22, 2012 Opinion or Order Filing 406 ORDER AND REASONS granting #386 Motion for Leave to Serve Rebuttal Report; denying #386 MOTION Order Confirming Schedule for Disclosure of Rebuttal Expert Report; dismissing #388 Motion for Summary Judgment of Obviousness; and dismissing #400 Motion for Summary Judgment of Nonobviousness. FURTHER ORDER that final pre-trial and trial dates are continued and will be reset by the court, as stated herein. Signed by Judge Martin L.C. Feldman on 2/22/2012. (tsf, )
February 22, 2012 Opinion or Order Filing 405 ORDER denying #401 Motion for Leave to Reply. Signed by Judge Martin L.C. Feldman on 2/22/2012. (tsf, )
February 22, 2012 Opinion or Order Filing 404 ORDER granting #399 MOTION to Seal Document (Plaintiff's Memorandum in Support of Motion for Summary Judgment of Nonobviousness and Statement of Material Facts for which Innovention Contends There Is No Genuine Issue). Signed by Judge Martin L.C. Feldman on 2/22/2012. (tsf, )
February 22, 2012 Filing 403 Correction of Docket Entry by Clerk re 402 Correction of Docket Entry by Clerk. Upon further review, submission date selected for document deemed valid on date of filing. Motion set for 3/7/2012. (tsf, )
February 22, 2012 Filing 402 Correction of Docket Entry by Clerk re #400 MOTION for Summary Judgment of Nonobviousness. Filing attorney selected incorrect submission date. Correct date is 3/28/2012. Clerk took corrective action. (tsf, )
February 17, 2012 Filing 401 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Innovention's Motion to Confirm Schedule for Disclosure of Rebuttal Expert Report on Nonobviousness or, in the alternative, for Leave to Serve Rebuttal Report on Nonobviousness by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Declaration of James C. Otteson)(Ashe, Barry) Modified on 2/22/2012 (tsf, ).
February 17, 2012 Filing 400 MOTION for Summary Judgment of Nonobviousness by Innovention Toys, LLC. Motion set for 3/7/2012 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Ashe, Barry) (Attachment 1 replaced on 2/22/2012) (tsf, ). (Additional attachment(s) added on 2/22/2012: #3 Statement of Contested/Uncontested Facts) (tsf, ). Modified on 2/22/2012 (tsf, ).
February 17, 2012 Filing 399 EXPARTE/CONSENT MOTION to Seal Document (Plaintiff's Memorandum in Support of Motion for Summary Judgment of Nonobviousness and Statement of Material Facts for which Innovention Contends There Is No Genuine Issue) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Ashe, Barry)
February 16, 2012 Opinion or Order Filing 398 ORDER Resetting Hearing on #388 MOTION for Summary Judgment of Obviousness : Motion CONTINUED for 3/7/2012 10:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman on 2/16/2012.(blg)
February 15, 2012 Filing 397 RESPONSE/MEMORANDUM in Opposition to #388 Motion for Summary Judgment of Obviousness by Innovention Toys, LLC. (Attachments: #1 Statement of Facts, #2 Rebuttal Expert Report and Declaration of David Eimerl, #3 Declaration of Michael C. Larson, #4 Exhibit 1 - 7, #5 Notice of Manual Attachment, #6 Exhibit 10 Part I, #7 Exhibit 10 Part II, #8 Exhibit 11 - 17, #9 Declaration of David A. Caine, #10 Exhibit 1 - 7, #11 Exhibit 8, #12 Exhibit 9 - 12, #13 Exhibit 13 - 18) (caa, )
February 15, 2012 Opinion or Order Filing 396 ORDER granting #393 Motion to Seal Document Opposition to Defendants' Motion for Summary Judgment of Obviousness, Declaration of Michael Larson and exhibits thereto, Declaration of David A. Caine and exhibits thereto, Confidential Rebuttal Expert Report and Declaration of David Eimerl, and Statement of Facts. Signed by Judge Martin L.C. Feldman on 2/15/2012. (caa, )
February 14, 2012 Filing 395 Manual Attachment Received re #393 EXPARTE/CONSENT MOTION to Seal Document. (tsf, )
February 14, 2012 Filing 394 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #386 MOTION Order Confirming Schedule for Disclosure of Rebuttal Expert Report. (Fendler, Sherman)
February 14, 2012 Filing 393 EXPARTE/CONSENT MOTION to Seal Document (Opposition to Defendants' Motion for Summary Judgment of Obviousness, Declaration of Michael Larson and exhibits thereto, Declaration of David A. Caine and exhibits thereto, Confidential Rebuttal Expert Report and Declaration of David Eimerl, and Statement of Facts) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Ashe, Barry)
February 8, 2012 Filing 392 Witness and Exhibit List by Innovention Toys, LLC. (Caine, David)
February 8, 2012 Filing 391 Witness and Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
February 6, 2012 Opinion or Order Filing 390 ORDER granting #387 Motion for Thomas T. Carmack to Appear Pro Hac Vice for Innovention Toys, LLC. Signed by Judge Martin L.C. Feldman on 2/3/2012. (tsf, )
February 3, 2012 Filing 389 Request/Statement of Oral Argument by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. regarding #388 MOTION for Summary Judgment of Obviousness (Fendler, Sherman)
February 3, 2012 Filing 388 MOTION for Summary Judgment of Obviousness by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion set for 2/22/2012 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I)(Fendler, Sherman)
February 2, 2012 Filing fee paid from Innovention Toys, LLC for THOMAS MCCORMACK re #387 Motion to Appear Pro Hac Vice, (Filing fee $ 100) (jmd, )
February 1, 2012 Filing 387 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Thomas Carmack (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit)(Harris, Lesli) Modified on 2/1/2012 (caa, ). Modified on 2/2/2012 (caa, ).
January 25, 2012 Filing 386 MOTION Order Confirming Schedule for Disclosure of Rebuttal Expert Report or, in the Alternative, for Leave to Serve Rebuttal Report by Innovention Toys, LLC. Motion set for 2/22/2012 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Affidavit in Support of Motion to Confirm, #13 Notice of Submission)(Ashe, Barry) Modified on 1/26/2012 (tsf, ).
December 9, 2011 Filing 385 Witness and Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
November 21, 2011 Opinion or Order Filing 384 ORDER TRANSFERRING CASE. Case transferred to Judge Martin L.C. Feldman for all further proceedings. Judge Nannette Jolivette Brown no longer assigned to case. Signed by Judge Nannette Jolivette Brown on 11/21/2011.(cms, ) (NEF Judge Feldman, Case Manager)
November 10, 2011 Opinion or Order Filing 383 ORDER re Disclosure as stated herein. Signed by Judge Nannette Jolivette Brown on 11/9/2011.(cms, ) (NEF: Clerk of Court)
October 27, 2011 Opinion or Order Filing 382 ORDER granting #380 Motion to Substitute Attorney. Added attorney Lesli D. Harris for Innovention Toys, LLC, Attorney Mary Bubbett Jackson terminated. Signed by Judge Nannette Jolivette Brown on 10/25/11. (plh, )
October 20, 2011 Filing 381 Correction of Docket Entry by Clerk re #380 MOTION to Enroll as Counsel of Record; Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section G and Magistrate Judge 5. Also, name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (cms, )
October 19, 2011 Filing 380 EXPARTE/CONSENT MOTION to Substitute Attorney by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Harris, Lesli) Modified event on 10/27/2011 (plh, ).
October 7, 2011 Opinion or Order Filing 379 ORDER TRANSFERRING CASE. Case transferred to Judge Nannette Jolivette Brown for all further proceedings. Judge Martin L.C. Feldman no longer assigned to case. Signed by Judge Martin L.C. Feldman on 10/07/2011.(tsf, )
September 19, 2011 Opinion or Order Filing 378 SCHEDULING ORDER: Final Pretrial Conference set for 4/11/2012 01:30 PM and Jury Trial set for 4/30/2012 09:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman. (Attachments: #1 Pretrial Notice Form)(tsf, )
August 31, 2011 Opinion or Order Filing 377 ORDER granting #375 Motion to Withdraw as Attorney Monica Mucchetti Eno terminated. Signed by Judge Martin L.C. Feldman on 8/31/11. (caa, )
August 31, 2011 Filing 376 Correction of Docket Entry by Clerk re #375 MOTION to Withdraw Monica Mucchetti Eno as Attorney MOTION FOR LEAVE TO WITHDRAW AS COUNSEL. Filing attorney should have selected Yes at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button; Attachment has duplicate description; and Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text; This motion will be decided by the district judge. Clerk modified docket text to reflect 'Exparte'. No further action necessary at this time.(tsf, )
August 30, 2011 Filing 375 EXPARTE/CONSENT MOTION to Withdraw Monica Mucchetti Eno as Attorney by Innovention Toys, LLC. (Attachments: #1 Proposed Order )(Eno, Monica) Modified on 8/31/2011 (tsf, ).
July 19, 2011 Filing 374 Supplemental Memorandum filed by Innovention Toys, LLC, in opposition of #366 MOTION to Strike MOTION for Sanctions. (caa, )
July 19, 2011 Opinion or Order Filing 373 ORDER granting #371 Motion for Leave to File Surreply in Opposition. Signed by Judge Martin L.C. Feldman on 7/19/2011. (caa, )
July 19, 2011 Opinion or Order Filing 372 ORDER AND REASONS granting in part & denying in part #366 MOTION to Strike & MOTION for Sanctions filed by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc. FURTHER ORDER that the Court will only consider conducting a settlement conference upon joint motion. FURTHER ORDER that a Scheduling Conference will be conducted 9/6/2011 03:30 PM before courtroom deputy by phone. Signed by Judge Martin L.C. Feldman on 7/19/2011.(caa, )
July 18, 2011 Filing 371 EXPARTE/CONSENT MOTION for Leave to File Surreply in Opposition to Motion to Strike Plaintiff's June 16, 2011 Letter to the Court and for Sanctions by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading Surreply in Opposition to Motion to Strike)(Ashe, Barry)
July 15, 2011 Filing 370 REPLY in Support filed by MGA Entertainment, Inc., Toys "R" Us, Inc.and Wal-Mart Stores, Inc. re #366 MOTION to Strike Plaintiff's 6/16/2011 letter to the Court and MOTION for Sanctions to stop plaintiff from conducting further improper Ex Parte Communications. (cab)
July 15, 2011 Opinion or Order Filing 369 ORDER granting #368 Motion for Leave to File Defendants' Reply In Support of Their Motion to Strike Plaintiff's June 16, 2011 Letter to the Court and for Sanctions to Stop Plaintiff From Conducting Further Improper Ex Parte Communications. Signed by Judge Martin L.C. Feldman on 7/15/2011. (cab)
July 14, 2011 Filing 368 EXPARTE/CONSENT MOTION for Leave to File Defendants' Reply In Support of Their Motion to Strike Plaintiff's June 16, 2011 Letter to the Court and for Sanctions to Stop Plaintiff From Conducting Further Improper Ex Parte Communications by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Fendler, Sherman)
July 12, 2011 Filing 367 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #366 MOTION to Strike MOTION for Sanctions. (Ashe, Barry)
June 21, 2011 Filing 365 Correction of Docket Entry by Clerk re #364 MOTION to Strike Plaintiff's 6/6/2011 Letter to the Court & for Sanctions to Stop Plaintiff From Conducting Further Improper Ex Parte Communications. Filing attorney selected only 1 relief for a multiple-relief motion. To select multiple reliefs, you must select all applicable reliefs by pressing the 'control key' & clicking the additional reliefs before clicking the Next button. Clerk took corrective action by re-docketing the doc using the reliefs Strike & Sanctions.(caa, )
June 20, 2011 Filing 366 MOTION to Strike Plaintiff's 6/16/2011 letter to the Court and MOTION for Sanctions to stop plaintiff from conducting further improper Ex Parte Communications by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. Motion set for 7/20/2011 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(caa, )
June 20, 2011 Filing 364 **ERROR: MOTION WITH MULTIPLE RELIEFS FILED AS ONE RELIEF** MOTION to Strike Plaintiff's June 16, 2011 Letter to the Court and for Sanctions to Stop Plaintiff From Conducting Further Improper Ex Parte Communications by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. Motion set for 7/20/2011 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Fendler, Sherman) Modified on 6/21/2011 (caa, ).
May 2, 2011 Filing 363 USCA JUDGMENT issued as mandate on 4/27/2011; ordered and adjudged affirmed in part, vacated in part and remanded, USCA for the Federal Circuit judge name: Rader, Lourie and Whyte. (Attachments: #1 Opinion) (NEF: Chambers)(caa, )
March 31, 2011 Opinion or Order Filing 362 ORDER that counsel participate in an In-Person Status Conference set for 4/21/2011 10:30 AM. Signed by Judge Martin L.C. Feldman on 3/31/2011.(caa, )
March 28, 2011 Opinion or Order Filing 361 ORDER that the pre-trial conference and jury trial are hereby continued, to be reset by the Court. Signed by Judge Martin L.C. Feldman on 3/28/2011.(caa, )
March 25, 2011 Opinion or Order Filing 360 ORDER of USCA as to #227 Notice of Appeal; affirmed in part, vacated in part and remanded district court's grant of summary judgment. USCA Judge Name: Rader, Lourie and Whyte (Attachments: #1 Opinion)(caa, )
March 17, 2011 Opinion or Order Filing 359 ORDER AND REASONS granting #346 MOTION for Reconsideration re #342 ORDER AND REASONS on Motion for Summary Judgment filed by Innovention Toys, LLC. FURTHER ORDER that the Court's #342 Order and Reasons is amended to reflect the finding in this Order that defendants' motion for summary judgment on lost profits is DENIED. Signed by Judge Martin L.C. Feldman on 3/17/2011.(caa, )
March 2, 2011 Opinion or Order Filing 358 ORDER Resetting Hearing on #346 MOTION for Reconsideration re #342 ORDER AND REASONS on Motion for Summary Judgment for 3/16/2011 on the papers. Signed by Judge Martin L.C. Feldman on 3/2/2011.(caa, )
February 25, 2011 Opinion or Order Filing 357 ORDER granting #355 Motion to Appear Pro Hac Vice as to David A. Caine. Signed by Judge Martin L.C. Feldman on 2/25/2011. (caa, )
February 24, 2011 Filing 356 REPLY to Response to Motion filed by Innovention Toys, LLC re #346 MOTION for Reconsideration re #342 ORDER AND REASONS on Motion for Summary Judgmen. (caa, )
February 24, 2011 Filing 355 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of David A. Caine (Filing fee $ 100 receipt number 053L-2832374) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Affidavit of David A. Caine, #3 Certificate of Good Standing)(Bubbett, Mary)
February 23, 2011 Opinion or Order Filing 354 ORDER granting #352 Motion for Leave to File Reply Brief. Signed by Judge Martin L.C. Feldman on 2/23/2011. (caa, )
February 23, 2011 Filing 353 Correction of Docket Entry by Clerk re #352 MOTION for Leave to File Reply Brief In Support of Plaintiff's Motion for Reconsideration. Filing attorney should have selected Yes at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button AND Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. Clerk modified docket text to reflect 'Exparte'. No further action is necessary at this time. (caa, )
February 22, 2011 Filing 352 EXPARTE/CONSENT MOTION for Leave to File Reply Brief In Support of Plaintiff's Motion for Reconsideration by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Eno, Monica) Modified on 2/23/2011 (caa, ).
February 17, 2011 Filing 351 RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #346 MOTION for Reconsideration re #342 ORDER AND REASONS on Motion for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fendler, Sherman) Modified on 2/18/2011 (caa, ).
February 15, 2011 Opinion or Order Filing 350 ORDER granting #345 Motion for Leave to File Under Seal. Signed by Judge Martin L.C. Feldman on 2/15/2011. (caa, )
February 15, 2011 Filing 349 Correction of Docket Entry by Clerk re #346 MOTION for Reconsideration re #345 MOTION for Leave to File Under Seal Plaintiffs' Declarations of In Support of Motion for Reconsideration of Court's Grant of Summary Judgment in Favor of Defendants on Issued of Lost Profit Damages. Filing attorney incorrectly linked document to document #345 . Clerk properly linked document to document #342 . (caa, )
February 15, 2011 Filing 348 Correction of Docket Entry by Clerk re #345 MOTION for Leave to File Under Seal Plaintiffs' Declarations In Support of Motion for Reconsideration of Court's Grant of Summary Judgment in Favor of Defendants on Issued of Lost Profit Damages. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.(caa, )
February 15, 2011 Filing 347 Manual Attachment Received re #345 MOTION for Leave to File Under Seal Plaintiffs' Declarations In Support of Motion for Reconsideration of Court's Grant of Summary Judgment in Favor of Defendants on Issued of Lost Profit Damages filed by Innovention Toys, LLC. (caa, )
February 14, 2011 Filing 346 MOTION for Reconsideration re #342 ORDER AND REASONS on Motion for Summary Judgment by Innovention Toys, LLC. Motion set for 3/2/2011 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Notice of Manual Attachment)(Otteson, James) Modified on 2/15/2011 (caa, ). Modified on 2/18/2011 (caa, ).
February 14, 2011 Filing 345 EXPARTE/CONSENT MOTION for Leave to File Under Seal Plaintiffs' Declarations of In Support of Motion for Reconsideration of Court's Grant of Summary Judgment in Favor of Defendants on Issued of Lost Profit Damages by Innovention Toys, LLC. (Attachments: #1 Notice of Manual Attachment, #2 Proposed Order)(Otteson, James) Modified on 2/15/2011 (caa, ).
February 4, 2011 Filing 344 Witness and Exhibit List by Innovention Toys, LLC. (Eno, Monica)
February 4, 2011 Filing 343 Witness and Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
February 3, 2011 Opinion or Order Filing 342 ORDER AND REASONS granting in part and denying in part #256 Motion for Summary Judgment. Signed by Judge Martin L.C. Feldman on 2/3/2011. (caa, )
February 2, 2011 Opinion or Order Filing 341 ORDER granting #338 Motion to Withdraw as Attorney. Attorney Sid Pandit; Edward A. Pennington; Theodore J. Folkman and William P. Gibbens terminated. Signed by Judge Martin L.C. Feldman on 2/2/2011. (caa, )
February 1, 2011 Filing 340 Supplemental Memorandum filed by All Defendants, in support of #256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages. (Attachments: #1 Exhibit)(caa, )
February 1, 2011 Opinion or Order Filing 339 ORDER granting #337 Motion for Leave to File Reply. Signed by Judge Martin L.C. Feldman on 2/1/2011. (caa, )
February 1, 2011 Filing 338 EXPARTE/CONSENT MOTION to Withdraw William P. Gibbens, Edward A. Pennington, Theodore J. Folkman, Sid Pandit as Attorney by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Gibbens, William)
January 31, 2011 Filing 337 EXPARTE/CONSENT MOTION for Leave to File to File Defendants' Reply Brief in Support of Their Motion for Summary Judgment As To Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Brief, #3 Exhibit A)(Fendler, Sherman)
January 31, 2011 Filing 336 **DEFICIENT** RESPONSE/MEMORANDUM in Support filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages. (Attachments: #1 Exhibit "A")(Fendler, Sherman) Modified on 1/31/2011 (caa, ).
January 24, 2011 Opinion or Order Filing 335 ORDER granting #332 Motion to Seal Document (exhibits 1, 6 and 7 to Surreply Declaration of Monica Eno). Signed by Judge Martin L.C. Feldman on 1/24/2011. (caa, )
January 24, 2011 Filing 334 Correction of Docket Entry by Clerk re #331 Supplemental Memorandum. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. No further action is necessary at this time.(caa, )
January 24, 2011 Filing 333 Manual Attachment Received re #331 Supplemental Memorandum and #332 MOTION to Seal Document #331 Supplemental Memorandum, Exhibits 1, 6 and 7 to its Surreply Declaration of Monica Eno filed by Innovention Toys, LLC. (caa, )
January 21, 2011 Filing 332 EXPARTE/CONSENT MOTION to Seal Document #331 Supplemental Memorandum, Exhibits 1, 6 and 7 to its Surreply Declaration of Monica Eno by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Otteson, James) Modified on 1/24/2011 (caa, ). Modified on 1/24/2011 (caa, ).
January 21, 2011 Filing 331 Supplemental Memorandum filed by Innovention Toys, LLC, in Opposition of #256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages. (Attachments: #1 Affidavit Surreply Declaration of Monica Mucchetti Eno, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, # 6 Notice of Manual Attachment re Exhs 1, 6 & 7)(Otteson, James) Modified on 1/24/2011 (caa, ). Modified on 1/24/2011 (caa, ). (Additional attachment(s) added on 1/24/2011: #7 Exhibit 1, #8 Exhibit 6, #9 Exhibit 7) (caa, ).
January 18, 2011 Filing 330 Manual Attachment Received re #327 Supplemental Memorandum filed by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. (caa, )
January 13, 2011 Filing 329 Correction of Docket Entry by Clerk re #328 Response/Reply. Document was incorrectly filed as a separate document instead of an attachment to document #327 . Clerk took corrective action. No further action is needed at this time.(caa, )
January 12, 2011 Filing 328 **ERROR: DOCKETED AS SEPARATE DOCUMENT** Response/Reply by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. to #325 Sealed Document, (Response to Plaintiff's Local Rule 56.2 Statement of Allegedly Disputed Material Facts in Opposition to Motion for Summary Judgment) (Fendler, Sherman) Modified on 1/13/2011 (caa, ).
January 12, 2011 Filing 327 Supplemental Memorandum filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc., in in support of #256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 4, #4 Exhibit 5, #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, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Notice of Manual Attachment)(Fendler, Sherman) (Additional attachment(s) added on 1/13/2011: #22 Statement of Contested/Uncontested Facts) (caa, ).
January 3, 2011 Opinion or Order Filing 326 ORDER Resetting Hearing on #256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages for 2/2/2011 on the papers. FURTHER ORDER that defendants submit, no later than 1/12/2011, supplemental papers, no longer than 15 pages. FURTHER ORDER that any supplemental papers the plaintiff submits in opposition to defendants' motion must be no more than 15 pages in length and filed no later than 1/21/2011. Signed by Judge Martin L.C. Feldman on 1/3/2011.(caa, )
December 29, 2010 Filing 325 Opposition to Motion for Summary Judgment as to Plaintiff's Claims for Lost Profits and Provisional Rights Damages. (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Declaration of Dr. Michael Larson, #3 Exhibit A - K, #4 Exhibit L - P, #5 Declaration of Xiang Long, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D - F) (caa, )
December 29, 2010 Opinion or Order Filing 324 ORDER granting #322 Motion for Leave to File Under Seal Plaintiff's Opposition to Defendants' Motion for Summary Judgment. Signed by Judge Martin L.C. Feldman on 12/29/2010. (caa, )
December 28, 2010 Filing 323 Manual Attachment Received. (caa, )
December 28, 2010 Filing 322 EXPARTE/CONSENT MOTION to Seal Document (Plaintiff's Opposition to Defendants' Motion for Summary Judgment as to Plaintiff's Claims for Lost Profits and Provisional Rights Damages, Statement of Disputed Facts, Declaration of Dr. Michael Larson and exhibits thereto, and Declaration of Xiang Long and exhibits attached thereto) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Ashe, Barry)
November 8, 2010 Opinion or Order Filing 321 ORDER granting #317 Motion to Withdraw as Attorney. Attorney Thomas P. McNulty terminated. Signed by Judge Martin L.C. Feldman. (gec, )
November 8, 2010 Opinion or Order Filing 320 ORDER granting #316 Motion to Withdraw as Attorney. Attorney Ann Lamport Hammitte terminated. Signed by Judge Martin L.C. Feldman. (gec, )
November 8, 2010 Opinion or Order Filing 319 ORDER granting #315 Motion to Withdraw as Attorney. Attorney John L. Welch terminated. Signed by Judge Martin L.C. Feldman. (gec, )
November 8, 2010 Filing 318 Correction of Docket Entry by Clerk re #316 MOTION to Withdraw Ann Lamport Hammitte as Attorney, #317 MOTION to Withdraw Thomas P. McNulty as Attorney, #315 MOTION to Withdraw John L. Welch as Attorney. Filing attorney did not include proposed orders. Proposed Orders subsequently provided to Clerk and have now been attached to the motions. (gec, )
November 5, 2010 Filing 317 EXPARTE/CONSENT MOTION to Withdraw Thomas P. McNulty as Attorney by Innovention Toys, LLC. (McNulty, Thomas) (Additional attachment(s) added on 11/8/2010: #1 Proposed Order) (gec, ).
November 5, 2010 Filing 316 EXPARTE/CONSENT MOTION to Withdraw Ann Lamport Hammitte as Attorney by Innovention Toys, LLC. (McNulty, Thomas) (Additional attachment(s) added on 11/8/2010: #1 Proposed Order) (gec, ).
November 5, 2010 Filing 315 EXPARTE/CONSENT MOTION to Withdraw John L. Welch as Attorney by Innovention Toys, LLC. (McNulty, Thomas) (Additional attachment(s) added on 11/8/2010: #1 Proposed Order) (gec, ).
November 1, 2010 Filing 314 **DEFICIENT** NOTICE by Innovention Toys, LLC of Withdrawal. (McNulty, Thomas) Modified on 11/1/2010 (caa, ).
November 1, 2010 Filing 313 **DEFICIENT** NOTICE by Innovention Toys, LLC of Withdrawal. (McNulty, Thomas) Modified on 11/1/2010 (caa, ).
November 1, 2010 Filing 312 **DEFICIENT** NOTICE by Innovention Toys, LLC of Withdrawal. (McNulty, Thomas) Modified on 11/1/2010 (caa, ).
October 27, 2010 Opinion or Order Filing 311 ORDER granting #309 MOTION to Continue filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Innovention Toys, LLC and Wal-Mart Stores, Inc., Resetting Hearing on #256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages for 1/5/2011, on the papers, unless otherwise ordered. Signed by Judge Martin L.C. Feldman on 10/27/2010.(caa, )
October 27, 2010 Filing 310 Correction of Docket Entry by Clerk re #309 Joint MOTION for Extension of Time to Complete Discovery. Filing attorney selected incorrect event. Correct event is Motion to Continue. Clerk took corrective action by changing the event.(caa, )
October 26, 2010 Filing 309 EXPARTE/CONSENT Joint MOTION to Continue by Innovention Toys, LLC, MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order)(Fendler, Sherman) Modified on 10/27/2010 (caa, ).
October 25, 2010 Opinion or Order Filing 308 ORDER granting #302 Motion to Appear Pro Hac Vice as to James C. Otteson. Signed by Judge Martin L.C. Feldman on 10/25/2010. (caa, )
October 25, 2010 Opinion or Order Filing 307 ORDER granting #301 Motion to Appear Pro Hac Vice as to Xiang Long. Signed by Judge Martin L.C. Feldman on 10/25/2010. (caa, )
October 25, 2010 Opinion or Order Filing 306 ORDER granting #300 Motion to Appear Pro Hac Vice as to Monica Mucchetti Eno. Signed by Judge Martin L.C. Feldman on 10/25/2010. (caa, )
October 25, 2010 Filing 305 **DEFICIENT** NOTICE by Innovention Toys, LLC of Withdrawal of Counsel. (McNulty, Thomas) Modified on 10/26/2010 (caa, ).
October 25, 2010 Filing 304 **DEFICIENT** NOTICE by Innovention Toys, LLC of Withdrawal of Counsel. (McNulty, Thomas) Modified on 10/26/2010 (caa, ).
October 25, 2010 Filing 303 **DEFICIENT** NOTICE by Innovention Toys, LLC of Withdrawal of Counsel. (McNulty, Thomas) Modified on 10/26/2010 (caa, ).
October 22, 2010 Filing 302 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice James Otteson (Filing fee $ 5 receipt number 053L-2670073) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Affidavit and Certificate of Good Standing)(Bubbett, Mary)
October 22, 2010 Filing 301 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Xiang Long (Filing fee $ 5 receipt number 053L-2670064) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Affidavit and Certificate of Good Standing)(Bubbett, Mary)
October 22, 2010 Filing 300 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Monica Eno (Filing fee $ 5 receipt number 053L-2670055) by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Affidavit and Certificate of Good Standing)(Bubbett, Mary)
October 21, 2010 Opinion or Order Filing 299 ORDER - The following constitutes the undersigned's ruling on the Defendants' #287 Motion for Attorney Fees. Defendants are hereby awarded the following fees and costs, to be paid by plaintiff's counsel within thirty days, as follows: 46.15 hours @ $300.00/hour: $13,845.00; 5.60 hours @ $200.00/hour: 1,120.00; Legal research costs: 386.27; Total: $15,351.27. Signed by Magistrate Judge Alma L. Chasez on 10/21/10. (dno, )
October 6, 2010 Filing 298 Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 10/6/2010 re #287 MOTION for Attorney Fees filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. The motion is hereby taken under advisement. (ala, )
October 5, 2010 Opinion or Order Filing 297 SCHEDULING ORDER: Final Pretrial Conference set for 4/8/2011 10:00 AM and Jury Trial set for 4/25/2011 09:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman. (Attachments: #1 Pretrial Notice Form)(caa, )
October 5, 2010 Filing 296 RESPONSE/MEMORANDUM in Support filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #287 MOTION for Attorney Fees. (ala, )
October 5, 2010 Opinion or Order Filing 295 ORDER granting #293 Motion for Leave to File Reply In Support of Motion. Signed by Magistrate Judge Alma L. Chasez on 10/4/10. (ala, )
October 1, 2010 Filing 294 Correction of Docket Entry by Clerk re #293 MOTION for Leave to File To File Defendants' Reply In Support Of Their Motion To Set The Fees and Costs To Be Paid By Plaintiff's Counsel Pursuant to the Court's September 24, 2010 Order. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary at this time.(caa, )
October 1, 2010 Filing 293 EXPARTE/CONSENT MOTION for Leave to File To File Defendants' Reply In Support Of Their Motion To Set The Fees and Costs To Be Paid By Plaintiff's Counsel Pursuant to the Court's September 24, 2010 Order by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Denegre, George)
September 28, 2010 Filing 292 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #287 MOTION for Attorney Fees. (Ashe, Barry)
September 23, 2010 Opinion or Order Filing 291 ORDER granting #290 Motion to Appear Pro Hac Vice as to Jeffrey W. Greene. Signed by Judge Martin L.C. Feldman on 9/23/2010. (caa, )
September 22, 2010 Filing 290 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey W. Greene (Filing fee $ 5 receipt number 053L-2623597) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Denegre, George)
September 21, 2010 Opinion or Order Filing 289 ORDER Setting Oral Hearing on #287 MOTION for Attorney Fees : Motion Hearing set for 10/6/2010 11:00 AM(w/oral argument via telephone) before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 9/20/10.(ala, )
September 20, 2010 Filing 288 Correction of Docket Entry by Clerk re #287 MOTION to Set Fees and Costs To Be Paid By Plaintiff's Counsel Pursuant to the Court's September 14, 2010 Order (Rec. Doc. 285). Filing attorney selected incorrect event. Correct event is Motion for Attorney Fees. Clerk took corrective action by changing the event. (caa, )
September 17, 2010 Filing 287 MOTION for Attorney Fees and Costs Pursuant to the Court's 9/14/2010 Order by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. Motion(s) referred to Alma L. Chasez. Motion Hearing set for 10/6/2010 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration, #3 Notice of Hearing)(Fendler, Sherman) Modified on 9/20/2010 (caa, ).
September 15, 2010 Filing 286 NOTICE Scheduling Conference set for 10/5/2010 03:15 PM before courtroom deputy by telephone, by Clerk. (gec, )
September 14, 2010 Opinion or Order Filing 285 ORDER AND REASONS denying #261 Motion, insofar as it seeks to preclude the plaintiff from using its recently-produced damages evidence, but granting #261 Motion to the extent it alternatively seeks reasonable monetary sanctions (as set forth herein) and to continue the trial to permit discovery on this new document production. Finally, #256 Motion for Summary Judgment is continued to 11/3/2010 on the papers. Signed by Judge Martin L.C. Feldman on 9/14/2010. (caa, )
September 13, 2010 Filing 284 Supplemental Memorandum filed by Innovention Toys, LLC, in opposition of #261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment. (Attachments: #1 Declaration of Michael Larson)(caa, )
September 13, 2010 Opinion or Order Filing 283 ORDER granting #277 Motion for Leave to File Sur-Reply. Signed by Judge Martin L.C. Feldman on 9/13/2010. (caa, )
September 13, 2010 Opinion or Order Filing 282 ORDER Resetting Hearing on #261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment for 9/14/2010 on the papers. Signed by Judge Martin L.C. Feldman on 9/13/2010.(caa, )
September 13, 2010 Filing 281 Manual Attachment Received re #270 MOTION to Seal Document #268 Response/Memorandum in Opposition to Motion, Exhibits to Opposition to Motion to Preclude filed by Innovention Toys, LLC. (caa, )
September 13, 2010 Opinion or Order Filing 280 ORDER granting #260 Motion for Extension of Deadlines. Signed by Judge Martin L.C. Feldman on 9/10/2010. (caa, )
September 12, 2010 Filing 277 EXPARTE/CONSENT MOTION for Leave to File Sur-reply in Opposition to Defendants' Motion to Preclude Plaintiffs From Relying on Late-Produced Damages-Related Documents at Trial or in Response to Defendants' Motion for Summary Judgment by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Affidavit of Michael Larson)(Ashe, Barry) Modified on 9/13/2010 (caa, ).
September 10, 2010 Filing 279 REPLY to Response to Motion filed by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. re #261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment. (Attachments: #1 Notice of Manual Attachment)(caa, )
September 10, 2010 Opinion or Order Filing 278 ORDER granting #272 Motion for Leave to File Reply. Signed by Judge Martin L.C. Feldman on 9/10/2010. (caa, )
September 10, 2010 Filing 276 Witness and Exhibit List by Innovention Toys, LLC. (Ashe, Barry)
September 10, 2010 Filing 275 Witness and Exhibit List by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Fendler, Sherman)
September 10, 2010 Filing 274 Manual Attachment Received re #272 MOTION for Leave to File Defendants' Reply In Support of Motion to Preclude Plaintiff From Relying On Late-Produced Damages-Related Documents at Trial or in Response to Defendants' Pending Motion for Summary Judgment filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (caa, )
September 10, 2010 Opinion or Order Filing 273 ORDER granting #270 Motion to Seal Document. Signed by Judge Martin L.C. Feldman on 9/10/2010. (caa, )
September 10, 2010 Filing 272 EXPARTE/CONSENT MOTION for Leave to File Defendants' Reply In Support of Motion to Preclude Plaintiff From Relying On Late-Produced Damages-Related Documents at Trial or in Response to Defendants' Pending Motion for Summary Judgment by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply in Support of Motion to Preclude, #3 Notice of Manual Attachment)(Fendler, Sherman) Modified on 9/10/2010 (caa, ).
September 9, 2010 Opinion or Order Filing 271 ORDER denying #262 Request/Statement of Oral Argument, filed by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. Signed by Judge Martin L.C. Feldman on 9/8/2010.(caa, )
September 9, 2010 Filing 270 EXPARTE/CONSENT MOTION to Seal Document #268 Response/Memorandum in Opposition to Motion, Exhibits to Opposition to Motion to Preclude by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Bubbett, Mary)
September 8, 2010 Filing 269 **DEFICIENT** EXPARTE/CONSENT MOTION to Seal Document #268 Response/Memorandum in Opposition to Motion, Exhibits C and F to Declaration of Thomas McNulty by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Ashe, Barry) Modified on 9/9/2010 (caa, ).
September 8, 2010 Filing 268 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment. (Attachments: #1 Affidavit Declaration of Thomas McNulty, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C (filed under seal), #5 Exhibit D, #6 Exhibit E, #7 Exhibit F (filed under seal))(Ashe, Barry)
September 1, 2010 Opinion or Order Filing 267 ORDER granting #263 MOTION to Expedite Hearing on Defendants' Motion to Preclude Plaintiff From Replying on Late-Produced Damages-Related Documents at Trial or In Response to Defendants' Pending Motion for Summary Judgment filed by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc., Resetting Hearing on #261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment for 9/13/2010 on the papers. Signed by Judge Martin L.C. Feldman on 9/1/2010.(caa, )
September 1, 2010 Opinion or Order Filing 266 ORDER granting #265 Motion to Enroll as Counsel of Record for Attorney Sherman Gene Fendler for MGA Entertainment, Inc., Toys "R" Us, Inc., and Wal-Mart Stores, Inc. Signed by Judge Martin L.C. Feldman on 9/1/2010. (caa, )
August 31, 2010 Filing 265 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record S. Gene Fendler by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Denegre, George)
August 31, 2010 Filing 264 Correction of Docket Entry by Clerk re #263 MOTION to Expedite Hearing on Defendants' Motion to Preclude Plaintiff From Replying on Late-Produced Damages-Related Documents at Trial or In Response to Defendants' Pending Motion for Summary Judgment. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'.(caa, )
August 30, 2010 Filing 263 EXPARTE/CONSENT MOTION to Expedite Hearing on Defendants' Motion to Preclude Plaintiff From Replying on Late-Produced Damages-Related Documents at Trial or In Response to Defendants' Pending Motion for Summary Judgment by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Denegre, George) Modified on 8/31/2010 (caa, ). (Attachment 1 replaced on 8/31/2010) (caa, ).
August 30, 2010 Filing 262 Request/Statement of Oral Argument by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. regarding #261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment (Denegre, George)
August 30, 2010 Filing 261 MOTION to Preclude Plaintiff From Relying on Late-Produced Damages-Related Documents At Trial or in Response to Defendants' Pending Motion for Summary Judgment by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion Hearing set for 9/22/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Notice of Hearing)(Denegre, George)
August 30, 2010 Filing 260 EXPARTE/CONSENT MOTION for Extension of Deadlines for the Parties to File Witness Lists and Exhibit Lists by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Denegre, George)
August 3, 2010 Opinion or Order Filing 259 ORDER granting #257 Joint MOTION for Extension of Time to File Witness & Exhibit Lists &MOTION to Continue Defs' Motion for Summary Judgment filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Innovention Toys, LLC, Matthew B Lowrie, Robert J Silverman, & Wal-Mart Stores, Inc., Resetting Hearing on #256 MOTION for Summary Judgment as to Pla's Claims for Provisional Rights Damages & Lost Profits Damages for 9/22/2010 on the papers, unless otherwise ordered. Signed by Judge Martin L.C. Feldman on 8/3/2010.(caa, )
August 2, 2010 Filing 258 Correction of Docket Entry by Clerk re #257 Joint MOTION for Extension of Time to File Witness and Exhibit Lists andJoint MOTION for Hearing on Defendants' Motion for Summary Judgment to be Re-Scheduled. Filing attorney selected incorrect event. Correct event is MOTION to Continue. Clerk took corrective action by changing the event.(caa, )
July 30, 2010 Filing 257 EXPARTE/CONSENT Joint MOTION for Extension of Time to File Witness and Exhibit Lists and, MOTION to Continue Defendants' Motion for Summary Judgment by Innovention Toys, LLC, Matthew B Lowrie, MGA Entertainment, Inc., Robert J Silverman, Toys "R" Us, Inc. and Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order)(Denegre, George) Modified on 8/2/2010 (caa, ).
July 26, 2010 Filing 256 MOTION for Summary Judgment as to Plaintiff's Claims for Provisional Rights Damages and Lost Profits Damages by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion Hearing set for 8/25/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Exhibit 'A', #3 Exhibit 'B', #4 Exhibit 'C', #5 Exhibit 'D', #6 Exhibit 'E', #7 Exhibit 'F', #8 Exhibit 'G', # 9 Statement of Contested/Uncontested Facts, #10 Notice of Hearing)(Denegre, George) Modified on 7/27/2010 (caa, ).
June 30, 2010 Opinion or Order Filing 255 SCHEDULING ORDER: Final Pretrial Conference set for 10/6/2010 10:30 AM before Judge Martin L.C. Feldman. Jury Trial set for 10/25/2010 09:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman. (Attachments: #1 Pretrial Notice Form)(gec, )
June 3, 2010 Opinion or Order Filing 254 ORDER that Wal-Mart is to pay the total sum set forth herein to plaintiff within thirty (30) days. Signed by Magistrate Judge Alma L. Chasez on 6/2/10.(ala, )
May 11, 2010 Filing 253 NOTICE - Scheduling Conference set for 6/29/2010 03:15 PM before courtroom deputy by telephone, by Clerk.(caa, )
April 20, 2010 Filing 252 Letter to Parties from USCA for the Federal Circuit (caa, )
April 14, 2010 Opinion or Order Filing 251 ORDERED that #238 Motion to Stay is DENIED; #240 Motion for Rule 16(a) Conference is DENIED as moot. Signed by Judge Martin L.C. Feldman. (gec, )
April 13, 2010 Opinion or Order Filing 250 ORDER denying #239 Request for Oral Argument on defendants' motion to stay further proceedings pending appeal. Signed by Judge Martin L.C. Feldman.(gec, )
April 8, 2010 Filing 249 REPLY to Response to Motion filed by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. re #238 MOTION to Stay Further Proceedings Pending Appeal. (Attachments: #1 Notice of Manual Attachment)(caa, )
April 8, 2010 Opinion or Order Filing 248 ORDER granting #247 Motion for Leave to File Reply Memorandum. Signed by Judge Martin L.C. Feldman on 4/8/2010. (caa, )
April 7, 2010 Filing 247 EXPARTE/CONSENT MOTION for Leave to File To File Defendants' Reply Memorandum in Support of Motion to Stay Further Proceedings Pending Appeal by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading Defendants' Reply in Support of Their Motion to Stay Further Proceedings Pending Appeal, #3 Sealed Document)(Denegre, George) Modified on 4/7/2010 (caa, ). Modified on 4/7/2010 (caa, ).
April 1, 2010 Opinion or Order Filing 246 ORDER Resetting Hearing on #238 MOTION to Stay Further Proceedings Pending Appeal for 4/21/2010 on the papers. Signed by Judge Martin L.C. Feldman on 4/1/2010.(caa, )
March 31, 2010 Filing 245 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #238 MOTION to Stay Further Proceedings Pending Appeal. (Ashe, Barry)
March 31, 2010 Opinion or Order Filing 244 ORDER of USCA as to #227 Notice of Appeal filed by MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc.; IT IS ORDERED that appellants' unopposed motion to transfer the appeal to United States Court of Appeals for the Federal Circuit is GRANTED. USCA, 5th Circuit Judges: Jolly, Wiener, and Elrod. (caa, )
March 18, 2010 Filing 243 TRANSCRIPT REQUEST by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. for proceedings held on September 23, 2009 (Denegre, George)
March 18, 2010 Filing 242 TRANSCRIPT REQUEST by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. for proceedings held on May 13, 2009 (Denegre, George)
March 12, 2010 Filing 241 Correction of Docket Entry by Clerk re #240 Joint MOTION for a Rule 16(a) Conference. Filing attorney selected incorrect event. Correct event is MOTION for Hearing. Clerk took corrective action by changing the event.(caa, )
March 11, 2010 Filing 240 EXPARTE/CONSENT Joint MOTION for Hearing a Rule 16(a) Conference by Innovention Toys, LLC, MGA Entertainment, Inc., Toys "R" Us, Inc. and Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order)(Denegre, George) Modified on 3/12/2010 (caa, ).
March 11, 2010 Filing 239 Request/Statement of Oral Argument by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. regarding #238 MOTION to Stay Further Proceedings Pending Appeal (Denegre, George)
March 11, 2010 Filing 238 MOTION to Stay Further Proceedings Pending Appeal by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. Motion Hearing set for 4/7/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Notice of Hearing)(Denegre, George)
March 10, 2010 Filing 237 REPLY to Response to Motion filed by Innovention Toys, LLC re #222 MOTION for Attorney Fees And Costs. (Attachments: #1 Exhibit, #2 Exhibit)(ala, )
March 10, 2010 Opinion or Order Filing 236 ORDER granting #235 Motion for Leave to File Reply to Defendant Wal-Mart's Response to Innovention's Itemization of Fees and Costs. Signed by Magistrate Judge Alma L. Chasez on 3/10/10. (ala, )
March 9, 2010 Filing 235 EXPARTE/CONSENT MOTION for Leave to File Innovention's Reply to Wal-Mart's Response to Innovention's Itemization of Fees and Costs by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Affidavit (Declaration of Thomas P. McNulty), #4 Exhibit A)(Ashe, Barry) Modified on 3/9/2010 (caa, ).
February 25, 2010 Filing 234 RESPONSE/MEMORANDUM in Opposition filed by Wal-Mart Stores, Inc. re #222 MOTION for Attorney Fees. (Attachments: #1 Exhibit, #2 Exhibit)(Denegre, George)
February 19, 2010 Opinion or Order Filing 232 ORDER granting #230 Motion to Appear Pro Hac Vice as to Kevin J. O'Shea. Signed by Judge Martin L.C. Feldman on 2/19/2010. (caa, )
February 19, 2010 Opinion or Order Filing 231 ORDER granting #229 Motion to Appear Pro Hac Vice as to Mark R. Galis. Signed by Judge Martin L.C. Feldman on 2/19/2010. (caa, )
February 18, 2010 Filing 230 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Kevin O'Shea) (Filing fee $ 5 receipt number 053L-2312403) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Denegre, George)
February 18, 2010 Filing 229 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Mark R. Galis) (Filing fee $ 5 receipt number 053L-2312334) by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Denegre, George)
February 18, 2010 Opinion or Order Filing 228 ORDER granting #226 Motion to Enroll as Counsel of Record for Attorney George Denegre, Jr for MGA Entertainment, Inc., for Toys "R" Us, Inc. and for Wal-Mart Stores, Inc. Signed by Judge Martin L.C. Feldman on 2/17/2010. (caa, )
February 11, 2010 Filing 227 NOTICE OF APPEAL by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. as to #220 Order on Motion for Permanent Injunction. (Filing fee $ 455, receipt number 053L-2305881.) (Gibbens, William)
February 11, 2010 Filing 226 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Gibbens, William)
February 10, 2010 Opinion or Order Filing 225 ORDER AND REASONS denying #222 Motion for Attorney Fees. Signed by Judge Martin L.C. Feldman on 2/10/2010. (caa, )
February 8, 2010 Filing 224 RESPONSE/MEMORANDUM in Opposition filed by MGA Entertainment, Inc., Toys "R" Us, Inc., Wal-Mart Stores, Inc. re #222 MOTION for Attorney Fees. (Gibbens, William)
January 25, 2010 Filing 223 Correction of Docket Entry by Clerk re #222 MOTION for Sanctions (Motion for Costs, Expenses, and Fees). Filing attorney selected incorrect event. Correct event is Attorney Fees. Clerk took corrective action by changing the event.(caa, )
January 25, 2010 Filing 222 MOTION for Attorney Fees (for Costs, Expenses, and Fees) by Innovention Toys, LLC. Motion Hearing set for 2/10/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing)(Ashe, Barry) Modified on 1/25/2010 (caa, ).
January 20, 2010 Filing 221 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 1/20/2010 re #182 MOTION to Compel Production of Documents by Wal-Mart filed by Innovention Toys, LLC. (ala, )
January 13, 2010 Opinion or Order Filing 220 ORDER AND REASONS granting #179 Motion for Permanent Injunction. Signed by Judge Martin L.C. Feldman on 1/13/2009. (caa, ) (Additional attachment(s) added on 1/14/2010: #1 AO Form 120) (caa, ).
January 11, 2010 Filing 219 REPLY to Response to Motion filed by Innovention Toys, LLC re #179 MOTION for Permanent Injunction. (caa, )
January 11, 2010 Opinion or Order Filing 218 ORDER granting #216 Motion for Leave to File Reply. Signed by Judge Martin L.C. Feldman on 1/11/2010. (caa, )
January 11, 2010 Opinion or Order Filing 217 ORDER that oral argument on #179 MOTION for Permanent Injunction filed by Innovention Toys, LLC is hereby canceled. The motion will be heard on the papers. Signed by Judge Martin L.C. Feldman on 1/11/2010.(caa, )
January 8, 2010 Filing 216 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Plaintiff's Motion for Permanent Injunction by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading (Reply in Support of Plaintiff's Motion for a Permanent Injunction)(Ashe, Barry)
January 8, 2010 Opinion or Order Filing 215 ORDER granting as unopposed #211 Motion to Strike and Motion for Summary Judgment. Signed by Judge Martin L.C. Feldman on 1/7/2010. (caa, )
January 6, 2010 Opinion or Order Filing 214 ORDER Setting Hearing on #182 MOTION to Compel Production of Documents by Wal-Mart : Motion Hearing set for 1/20/2010 11:00 AM via telephone before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez.(ala, )
December 17, 2009 Opinion or Order Filing 213 ORDER granting #207 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Alma L. Chasez on 12/16/09. (ala, )
December 16, 2009 Opinion or Order Filing 212 ORDER denying as moot #205 Motion to Continue. Signed by Judge Martin L.C. Feldman on 12/16/2009. (caa, )
December 16, 2009 Filing 210 Correction of Docket Entry by Clerk re #209 MOTION to Strike Affirmative Defenses or, Alternatively, for Summary Judgment. Filing attorney selected only one relief for a multiple-relief motion. To select multiple reliefs, you must select all applicable reliefs by clicking the additional relief(s) under 'Available Events' before clicking the Next button. Clerk took corrective action by re-docketing the document using the reliefs MOTION to Strike and MOTION for Summary Judgment.(caa, )
December 15, 2009 Filing 211 MOTION to Strike remaining affirmative defenses and MOTION for Summary Judgment on the affirmative defenses and counterclaims by Innovention Toys, LLC. Motion Hearing set for 1/13/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Affidavit, #4 Exhibit 1 - 10, #5 Notice of Hearing)(caa, )
December 15, 2009 Filing 209 **ERROR: MOTION WITH MULTIPLE RELIEFS FILED AS ONE RELIEF** MOTION to Strike Affirmative Defenses or, Alternatively, for Summary Judgment by Innovention Toys, LLC. Motion Hearing set for 1/13/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts in Support of Motion to Strike or, Alternatively, for Summary Judgment, #3 Affidavit (Declaration of Thomas P. McNulty in Support of Motion to Strike or, Alternatively, for Summary Judgment), #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Notice of Hearing)(Ashe, Barry) Modified on 12/16/2009 (caa, ).
December 15, 2009 Filing 208 Correction of Docket Entry by Clerk re #207 MOTION for Extension of Time to Complete Discovery. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action.(caa, )
December 15, 2009 Filing 207 EXPARTE/CONSENT MOTION for Extension of Time to Complete Discovery by Wal-Mart Stores, Inc. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Order)(Gibbens, William) Modified on 12/15/2009 (caa, ).
December 15, 2009 Opinion or Order Filing 206 ORDER Scheduling Conference reset for 2/23/2010 02:30 PM. Signed by Judge Martin L.C. Feldman.(caa, )
December 14, 2009 Filing 205 EXPARTE/CONSENT MOTION to Continue Scheduling Conference by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Ashe, Barry) Modified on 12/15/2009 (caa, ).
November 25, 2009 Filing 204 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 11/25/2009 re #182 MOTION to Compel Production of Documents by Wal-Mart filed by Innovention Toys, LLC. Motion Hearing re-set for 1/6/2010 11:00 AM before Magistrate Judge Alma L. Chasez. (ala, )
November 19, 2009 Filing 203 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 11/19/2009 re #182 MOTION to Compel Production of Documents by Wal-Mart filed by Innovention Toys, LLC. Motion Hearing continued to 11/25/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (ala, )
November 18, 2009 Filing 202 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 11/18/2009 re #182 MOTION to Compel Production of Documents by Wal-Mart filed by Innovention Toys, LLC : Motion Hearing re-set for 11/19/2009 02:00 PM before Magistrate Judge Alma L. Chasez. (ala, )
November 18, 2009 Filing 201 Reply to Response to Motion by Innovention Toys, LLC. (Attachments: #1 Exhibit A - B) (caa, )
November 18, 2009 Opinion or Order Filing 200 ORDER granting #192 Motion for Leave to File Under Seal Plaintiff's Reply. Signed by Magistrate Judge Alma L. Chasez on 11/18/09. (ala, )
November 18, 2009 Opinion or Order Filing 199 ORDER AND REASONS denying #181 Motion for Reconsideration. Signed by Judge Martin L.C. Feldman on 11/17/2009. (caa, )
November 17, 2009 Opinion or Order Filing 198 ORDER denying #197 Motion for Expedited Hearing. (caa, )
November 17, 2009 Filing 197 Motion for Expedited Hearing (caa, )
November 17, 2009 Opinion or Order Filing 196 ORDER granting #193 Motion to file under Seal Motion for Expedited Hearing. Signed by Judge Martin L.C. Feldman on 11/17/2009. (caa, )
November 17, 2009 Filing 195 Correction of Docket Entry by Clerk re #192 MOTION to Seal Document and to File Reply Brief Under Seal. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.(caa, )
November 17, 2009 Filing 194 Correction of Docket Entry by Clerk re #191 MOTION for Leave to File Reply Brief. Relief Motion for Leave to File Document should have been filed in conjunction with Motion to Seal Document for this document. Clerk attached document to document #192 . No further action is necessary.(caa, )
November 16, 2009 Filing 193 EXPARTE/CONSENT MOTION to Seal Document and to File Motion to Expedite Hearing on Motion for Injunction Under Seal by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Bubbett, Mary) (Additional attachment(s) added on 11/17/2009: #2 Notice of Manual Attachment) (caa, ).
November 16, 2009 Filing 192 EXPARTE/CONSENT MOTION to Seal Document and to File Reply Brief by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Bubbett, Mary) (Additional attachment(s) added on 11/17/2009: #2 Notice of Manual Attachment) (caa, ). Modified on 11/17/2009 (caa, ).
November 16, 2009 Filing 191 **ERROR: DOCKETED AS SEPARATE DOCUMENT** EXPARTE/CONSENT MOTION for Leave to File Reply Brief by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Order, #2 Notice of Manual Attachment)(Bubbett, Mary) Modified on 11/17/2009 (caa, ).
November 13, 2009 Opinion or Order Filing 190 ORDER granting #188 Request/Statement of Oral Argument on #179 MOTION for Permanent Injunction. Motion Hearing continued to 1/13/2010 10:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman.(gec, )
November 12, 2009 Filing 187 Correction of Docket Entry by Clerk re #184 Response/Memorandum in Opposition to Motion. Document does not contain Magistrate Judge. All future pleadings must reflect Magistrate Judge (5). (gec, )
November 10, 2009 Filing 189 Correction of Docket Entry by Clerk re #185 Response/Memorandum in Opposition to Motion. Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and filing it as a separate entry. All future requests for oral argument must be filed separately. (gec, )
November 10, 2009 Filing 188 Request/Statement of Oral Argument by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. regarding #179 MOTION for Permanent Injunction. (gec, )
November 10, 2009 Filing 186 RESPONSE/MEMORANDUM in Opposition filed by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. re #182 MOTION to Compel Production of Documents by Wal-Mart. (Gibbens, William)
November 10, 2009 Filing 185 RESPONSE/MEMORANDUM in Opposition filed by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. re #179 MOTION for Permanent Injunction. (Attachments: #1 Request for Oral Argument, #2 Exhibit A, #3 Exhibit B)(Gibbens, William)
November 10, 2009 Filing 184 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #181 MOTION for Reconsideration re #176 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment . (Ashe, Barry) Modified on 11/12/2009 to edit text. (gec, ).
October 28, 2009 Opinion or Order Filing 183 ORDER Setting Oral Hearing on #182 MOTION to Compel Production of Documents by Wal-Mart : Motion Hearing set for 11/18/2009 11:00 AM(w/oral argument via telephone) before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 10/28/09.(ala, )
October 27, 2009 Filing 182 MOTION to Compel Production of Documents by Wal-Mart by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. Motion Hearing set for 11/18/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Affidavit of Thomas McNulty in Support of Motion to Compel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Rule 37.1 Certificate, #8 Notice of Hearing)(Ashe, Barry)
October 26, 2009 Filing 181 MOTION for Reconsideration re #176 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment; by Toys "R" Us, Inc., MGA Entertainment, Inc. and Wal-Mart Stores, Inc. Motion Hearing set for 11/18/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing)(Gibbens, William) Modified on 10/27/2009 (caa, ).
October 23, 2009 Filing 180 Correction of Docket Entry by Clerk re #179 MOTION for Permanent Injunction. Filing attorney did not select category 'Proposed Order' when attaching proposed order. Clerk took corrective action.(caa, )
October 22, 2009 Filing 179 MOTION for Permanent Injunction by Innovention Toys, LLC. Motion Hearing set for 11/18/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Affidavit of Thomas McNulty, #4 Notice of Hearing)(Ashe, Barry) Modified on 10/23/2009 (caa, ).
October 22, 2009 Filing 178 TRANSCRIPT of Oral Argument held on 09/23/2009 before Judge Martin L.C. Feldman. Court Reporter/Recorder Toni Tusa, Telephone number 504-589-7778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 1/20/2010. (bgh, )
October 15, 2009 Opinion or Order Filing 177 ORDER granting #174 Motion for Leave to File Memorandum. Signed by Judge Martin L.C. Feldman on 10/15/2009. (caa, )
October 14, 2009 Opinion or Order Filing 176 ORDERED that plaintiff's #115 Motion for Summary Judgment on infringement is GRANTED; defendants' #123 Motion for Summary Judgment of non-infringement is DENIED; plaintiff's #154 cross-motion regarding patent validity is GRANTED and #126 defendants cross-motion regarding invalidity is DENIED. Signed by Judge Martin L.C. Feldman. (gec, )
October 14, 2009 Filing 175 Correction of Docket Entry by Clerk re #174 MOTION for Leave to File Memorandum Citing Supplemental Authority. Filing attorney incorrectly selected Toys "R" Us, Inc., and Wal-Mart Stores, Inc. as additional filers. Correct filer is MGA Entertainment, Inc.. Clerk took corrective action (gec, )
October 13, 2009 Filing 174 EXPARTE/CONSENT MOTION for Leave to File Supplemental Authority by MGA Entertainment, Inc. . (Attachments: #1 Exhibit, #2 Proposed Order)(Gibbens, William) Modified on 10/14/2009 (gec, ). Modified on 10/16/2009 (gec, ).
October 8, 2009 Filing 173 TRANSCRIPT of Markman Hearing held on 05/13/2009 before Judge Martin L.C. Feldman. Court Reporter/Recorder Arlene Movahed, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 1/6/2010. (bgh, )
October 6, 2009 Opinion or Order Filing 172 ORDER granting #171 Motion to Continue. Scheduling Conference continued to 12/15/2009 03:30 PM before courtroom deputy by telephone. Signed by Judge Martin L.C. Feldman on 10/6/2009. (caa, )
October 5, 2009 Filing 171 EXPARTE/CONSENT Joint MOTION to Continue Scheduling Conference by Innovention Toys, LLC, Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Gibbens, William)
September 30, 2009 Filing 170 Supplemental Memorandum filed by Innovention Toys, LLC, in Support of #154 Cross MOTION for Summary Judgment of Patent Validity. (Attachments: #1 Exhibit 1)(Ashe, Barry)
September 30, 2009 Filing 169 Supplemental Memorandum filed by all defendants, in opposition of #154 Cross MOTION for Summary Judgment of Patent Validity. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1 of 2), #3 Exhibit B (Part 2 of 2))(Gibbens, William)
September 23, 2009 Filing 168 Minute Order. Proceedings held before Judge Martin L.C. Feldman: taking under submission #115 Motion for Partial Summary Judgment; #123 Motion for Summary Judgment; #126 Motion for Summary Judgment; and #154 Motion for Summary Judgment; Motion Hearing held on 9/23/2009. (Court Reporter Toni Tusa.) (caa, )
September 4, 2009 Filing 167 Manual Attachment Received re #162 Response/Memorandum in Opposition to Motion, and #163 Response/Memorandum in Opposition to Motion, filed by Innovention Toys, LLC. (caa, )
September 4, 2009 Opinion or Order Filing 166 ORDER granting #164 Motion to Seal Document. Signed by Judge Martin L.C. Feldman on 9/4/2009. (caa, )
September 4, 2009 Filing 165 Correction of Docket Entry by Clerk re #162 Response/Memorandum in Opposition to Motion. Filing attorney incorrectly linked document to document 121. Clerk properly linked document to document 123.(caa, )
September 3, 2009 Filing 164 EXPARTE/CONSENT MOTION to Seal Document #162 Response/Memorandum in Opposition to Motion, #163 Response/Memorandum in Opposition to Motion, by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Bubbett, Mary)
September 3, 2009 Filing 163 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #126 MOTION for Summary Judgment of Invalidity. (Attachments: #1 Affidavit Declaration of Larson, #2 Affidavit Declaration of McNulty, #3 Notice of Manual Attachment for Ex. 1 to Declaration of McNulty)(Bubbett, Mary) Modified on 9/4/2009 (caa, ). Modified on 9/10/2009 (caa, ).
September 3, 2009 Filing 162 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #123 MOTION for Summary Judgment of Non-Infringement. (Attachments: #1 Affidavit Declaration of Thomas P. McNulty, #2 Exhibit 1 to Declaration of Thomas P. McNulty, #3 Exhibit 2 to Declaration of Thomas McNulty, #4 Exhibit 3 to Declaration of Thomas McNulty, #5 Exhibit 4 to Declaration of Thomas McNulty, #6 Notice of Manual Attachment in place of Ex. 5 to Declaration of Thomas McNulty)(Bubbett, Mary) Modified on 9/4/2009 (caa, ). Modified on 9/10/2009 (caa, ).
September 3, 2009 Filing 161 RESPONSE/MEMORANDUM in Opposition filed by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. re #154 Cross MOTION for Summary Judgment of Patent Validity. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gibbens, William)
August 21, 2009 Filing 160 RESPONSE/MEMORANDUM in Opposition filed by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. re #115 MOTION for Partial Summary Judgment of Patent Infringement. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gibbens, William)
August 21, 2009 Opinion or Order Filing 159 ORDER granting #155 Request/Statement of Oral Argument filed by Innovention Toys, LLC, Resetting Hearing on #154 Cross MOTION for Summary Judgment of Patent Validity for 9/23/2009 10:30 AM. Signed by Judge Martin L.C. Feldman on 8/20/2009.(caa, )
August 20, 2009 Opinion or Order Filing 158 ORDER granting #113 Motion to Withdraw as Attorney. Attorneys Matthew B. Lowrie and Robert J. Silverman terminated; and granting #157 Motion to Withdraw #118 Response/Memorandum in Opposition to Motion, #142 Supplemental Memorandum and #135 MOTION for Leave to File Surreply in Opposition to Motion to Withdraw as Counsel of Record. Signed by Judge Martin L.C. Feldman on 8/20/2009. (caa, )
August 19, 2009 Filing 157 EXPARTE/CONSENT MOTION to Withdraw Document re #118 Response/Memorandum in Opposition to Motion, #142 Supplemental Memorandum, #135 MOTION for Leave to File Surreply in Opposition to Motion to Withdraw as Counsel of Record by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Ashe, Barry)
August 19, 2009 Filing 156 Correction of Docket Entry by Clerk re #154 Cross MOTION for Summary Judgment of Patent Validity. Filing attorney selected incorrect hearing date and time. Correct hearing date is 9/30/2009 at 10:00 AM. Clerk took corrective action.(caa, )
August 18, 2009 Filing 155 Request/Statement of Oral Argument by Innovention Toys, LLC regarding #154 Cross MOTION for Summary Judgment of Patent Validity. (Ashe, Barry)
August 18, 2009 Filing 154 Cross MOTION for Summary Judgment of Patent Validity by Innovention Toys, LLC. Motion Hearing set for 9/30/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Affidavit of Michael C. Larson, #3 Exhibit 1 to Affidavit of Michael C. Larson, #4 Exhibit 2 to Affidavit of Michael C. Larson, #5 Exhibit 3 to Affidavit of Michael C. Larson, #6 Exhibit 4 to Affidavit of Michael C. Larson, #7 Exhibit 5 to Affidavit of Michael C. Larson, #8 Exhibit 6 to Affidavit of Michael C. Larson, #9 Statement of Contested/Uncontested Facts (Uncontested Facts), #10 Notice of Hearing)(Ashe, Barry) Modified on 8/19/2009 (caa, ).
August 11, 2009 Opinion or Order Filing 153 ORDER Resetting Hearing on #113 MOTION to Withdraw Robert J. Silverman and Matthew B. Lowrie as Attorney for 8/19/2009, on the papers. Signed by Judge Martin L.C. Feldman on 8/11/2009.(caa, )
August 4, 2009 Opinion or Order Filing 152 ORDER granting #150 Motion to Appear Pro Hac Vice for Attorney Sid Pandit for Toys ", R", Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. Signed by Judge Martin L.C. Feldman on 8/4/2009. (caa, )
August 4, 2009 Opinion or Order Filing 151 ORDER re #113 MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney filed by Innovention Toys, LLC: Motion Hearing set for 8/12/2009 before Judge Martin L.C. Feldman on the papers. Signed by Judge Martin L.C. Feldman on 8/4/09.(rll, )
August 3, 2009 Filing 150 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Sid Pandit (Filing fee $5 PAID.) by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Gibbens, William) Modified text on 8/4/2009 (plh, ). Modified to fee paid on 8/6/2009 (gbw, ).
July 23, 2009 Opinion or Order Filing 149 ORDER re #111 Motion to Compel ; Withdrawn at plaintiff's request. Signed by Magistrate Judge Alma L. Chasez. (ala, )
July 22, 2009 Filing 148 NOTICE - Scheduling Conference set for 10/6/2009 02:30 PM before courtroom deputy by telephone, by Clerk.(caa, )
July 22, 2009 Filing 147 REPLY to Response to Motion filed by Innovention Toys, LLC re #111 MOTION to Compel. (caa, )
July 20, 2009 Opinion or Order Filing 146 ORDER granting #143 Motion for Leave to File Reply. Signed by Magistrate Judge Alma L. Chasez on 7/20/2009. (caa, )
July 20, 2009 Opinion or Order Filing 145 ORDER that #114 MOTION to Expedite hearing on Motion to withdraw is DENIED. The #113 MOTION to withdraw will be heard on 8/5/2009, on the papers. FURTHER ORDER that #125 & #127 Request/Statement of Oral Argument filed by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc. are GRANTED. FURTHER ORDER that #116 MOTION to Expedite Hearing on Motion for Summary Judgment of Infringement (Doc. 115) filed by Innovention Toys, LLC, #122 MOTION to Expedite Hearing on Motion for Summary Judgment of Non-Infringement & #128 MOTION to Expedite Hearing on #126 Motion for Summary Judgment of Invalidity filed by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc. are DENIED. Motion Hearing on #115 MOTION for Partial Summary Judgment, #123 MOTION for Summary Judgment of Non-Infringement & #126 MOTION for Summary Judgment of Invalidity set for 9/23/2009 10:30 AM before Judge Martin L.C. Feldman. FURTHER ORDER that all opposition papers must be submitted no later than 9/3/2009. FURTHER ORDER that the pre-trial conference & the jury trial are continued, to be reset during a scheduling conference. Signed by Judge Kurt D. Engelhardt for Judge Martin L.C. Feldman on 7/17/2009.(caa, )
July 17, 2009 Filing 143 EXPARTE/CONSENT MOTION for Leave to File Reply to Opposition to Motion to Compel by Innovention Toys, LLC. Motion referred to Magistrate Judge Alma Chasez. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bubbett, Mary)
July 16, 2009 Filing 142 Supplemental Memorandum filed by Innovention Toys, LLC, in opposition of #113 MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney Robert J. Silverman. (caa, )
July 15, 2009 Opinion or Order Filing 144 ORDER granting #134 Motion to Appear Pro Hac Vice as to Thomas P. McNulty. Signed by Judge Carl Barbier on 7/14/2009. (caa, )
July 15, 2009 Opinion or Order Filing 141 ORDER granting #135 Motion for Leave to File Surreply Memorandum in Opposition. Signed by Judge Kurt D. Engelhardt for Judge Martin L.C. Feldman on 7/15/2009. (caa, )
July 15, 2009 Opinion or Order Filing 140 ORDER granting #133 Motion to Seal Document. Signed by Judge Carl Barbier on 7/14/2009. (caa, )
July 15, 2009 Filing 139 REPLY to Response to Motion filed by Matthew B Lowrie, Robert J Silverman re #113 MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney Robert J. Silverman. (caa, )
July 15, 2009 Opinion or Order Filing 138 ORDER granting #130 Motion for Leave to File Reply Memorandum. Signed by Judge Lance M Africk on 7/13/2009. (caa, )
July 15, 2009 Opinion or Order Filing 137 ORDER granting #129 Motion to Enroll as Counsel of Record for Attorneys John Y. Pearce and Ashley L. Belleau for Matthew B Lowrie and Robert J Silverman. Signed by Judge Lance M Africk on 7/13/2009. (caa, )
July 14, 2009 Filing 136 RESPONSE/MEMORANDUM in Opposition filed by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. re #111 MOTION to Compel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gibbens, William)
July 14, 2009 Filing 135 EXPARTE/CONSENT MOTION for Leave to File Surreply in Opposition to Motion to Withdraw as Counsel of Record by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading Surreply in Opposition to Motion to Withdraw as Counsel of Record)(Ashe, Barry)
July 13, 2009 Filing 134 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $5 PAID.) by Innovention Toys, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Bubbett, Mary) Modified on 7/14/2009 (caa, ). Modified on 7/15/2009 (caa, ).
July 13, 2009 Filing 133 EXPARTE/CONSENT MOTION to Seal Document by Matthew B Lowrie, Robert J Silverman. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Belleau, Ashley) (Additional attachment(s) added on 7/13/2009: #3 Notice of Manual Attachment) (caa, ).
July 10, 2009 Opinion or Order Filing 132 ORDER granting #120 Motion to Appear Pro Hac Vice as to Ann Lamport Hammitte. Signed by Judge Carl Barbier on 7/9/2009. (caa, )
July 10, 2009 Opinion or Order Filing 131 ORDER granting #119 Motion to Appear Pro Hac Vice as to John L. Welch.. Signed by Judge Carl Barbier on 7/9/2009. (caa, )
July 10, 2009 Filing 130 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Further Support of Ex Parte Motion to Withdraw by Matthew B Lowrie, Robert J Silverman. (Attachments: #1 Proposed Pleading Reply Memorandum in Further Support of Ex Parte Motion to Withdraw, #2 Proposed Order)(Belleau, Ashley)
July 10, 2009 Filing 129 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Matthew B Lowrie and Robert J Silverman. (Attachments: #1 Proposed Order)(Belleau, Ashley) Modified on 7/13/2009 (caa, ).
July 9, 2009 Filing 128 EXPARTE/CONSENT MOTION to Expedite Hearing on #126 Motion for Summary Judgment of Invalidity by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Gibbens, William)
July 9, 2009 Filing 127 Request/Statement of Oral Argument by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. regarding #126 MOTION for Summary Judgment of Invalidity (Gibbens, William)
July 9, 2009 Filing 126 MOTION for Summary Judgment of Invalidity by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. Motion Hearing set for 7/29/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Notice of Hearing, #2 Statement of Contested/Uncontested Facts, #3 Memorandum in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T)(Gibbens, William)
July 9, 2009 Filing 125 Request/Statement of Oral Argument by MGA Entertainment, Inc. regarding #123 MOTION for Summary Judgment of Non-Infringement (caa, )
July 9, 2009 Filing 124 Correction of Docket Entry by Clerk re #123 MOTION for Summary Judgment of Non-Infringement. Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately.(caa, )
July 9, 2009 Filing 123 MOTION for Summary Judgment of Non-Infringement by Toys "R" Us, Inc., MGA Entertainment, Inc. and Wal-Mart Stores, Inc. Motion Hearing set for 7/29/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Hearing, #4 Request for Oral Argument, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E)(Gibbens, William) **Request for Oral Argument Docketed Separately** Modified on 7/9/2009 (caa, ).
July 8, 2009 Filing 122 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion for Summary Judgment of Non-Infringement by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Gibbens, William)
July 8, 2009 Filing 121 **DEFICIENT** MOTION for Summary Judgment of Non-Infringement by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. Motion Hearing set for 7/29/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Gibbens, William) Modified on 7/9/2009 (caa, ).
July 8, 2009 Filing 120 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $5 PAID.) by Innovention Toys, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Bubbett, Mary) Modified on 7/9/2009 (caa, ). Modified on 7/10/2009 (caa, ).
July 8, 2009 Filing 119 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $5 PAID.) by Innovention Toys, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Bubbett, Mary) Modified on 7/9/2009 (caa, ). Modified on 7/10/2009 (caa, ).
July 6, 2009 Filing 118 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #113 MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney Robert J. Silverman. (Ashe, Barry)
July 3, 2009 Filing 116 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion for Summary Judgment of Infringement (Doc. 115) by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Ashe, Barry)
July 3, 2009 Filing 115 MOTION for Partial Summary Judgment by Innovention Toys, LLC. Motion Hearing set for 7/29/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Appendix -- Claim Chart, #2 Memorandum in Support, #3 Affidavit of Thomas P. McNulty, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Affidavit of Michael Larson, #17 Statement of Contested/Uncontested Facts (Undisputed Facts), #18 Notice of Hearing)(Ashe, Barry)
July 2, 2009 Filing 117 Correction of Docket Entry by Clerk re #113 MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney, #114 MOTION for Hearing; Filing attorney should have changed 'Y' to 'N' at the question 'Set motion for hearing Y/N?' Exparte/Consent motions are NOT set for hearing. Clerk has removed hearing date. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. No further action is necessary. (blg)
July 2, 2009 Filing 114 EXPARTE/CONSENT MOTION to Expedite re #113 MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney Robert J. Silverman by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Silverman, Robert) Modified on 7/6/2009 (blg).
July 2, 2009 Filing 113 EXPARTE/CONSENT MOTION to Withdraw Robert J. Silverman; Matthew B. Lowrie as Attorney Robert J. Silverman by Innovention Toys, LLC. (Attachments: #1 Notice of Removal, #2 Proposed Order, #3 Declaration of Matthew B. Lowrie, #4 Declaration of Robert J. Silverman)(Silverman, Robert) Modified on 7/6/2009 (blg).
July 2, 2009 Opinion or Order Filing 112 ORDER Setting Oral Hearing on #111 MOTION to Compel : Motion Hearing set for 7/22/2009 11:00 AM (w/oral argument via telephone) before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 7/2/09.(ala, )
July 1, 2009 Filing 111 MOTION to Compel by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. Motion Hearing set for 7/22/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Rule 37.1 Certificate, #17 Notice of Hearing)(Ashe, Barry)
May 21, 2009 Opinion or Order Filing 110 ORDER AND REASONS re #93 Proposed Claim Constructions filed by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc., #102 Claim Construction Memorandum filed by MGA Entertainment, Inc. & Toys "R" Us, Inc., #103 Markman Claim Construction Memorandum filed by Innovention Toys, LLC & Wal-Mart Stores, Inc. & #109 Markman Conference. Signed by Judge Martin L.C. Feldman on 5/21/2009.(caa, )
May 13, 2009 Filing 109 Minute Entry for proceedings held before Judge Martin L.C. Feldman: Markman Conference held on 5/13/2009. (Court Reporter Arlene Movahed.) (caa, )
April 28, 2009 Filing 108 Correction of Docket Entry by Clerk re #106 Response/Reply. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document'. Clerk took corrective action by linking document to document 103.(caa, )
April 27, 2009 Filing 107 Response/Reply by all plaintiffs to #102 Memorandum of Defendants Regarding Claim Construction (Ashe, Barry)
April 27, 2009 Filing 106 Response/Reply by all defendants to #103 Markman Claim Construction Memorandum by Plaintiff's (Gibbens, William) Modified on 4/28/2009 (caa, ).
April 21, 2009 Filing 105 Correction of Docket Entry by Clerk re #102 Memorandum. Filing attorney incorrectly linked document to document 101. Clerk removed link to document 101.(caa, )
April 20, 2009 Opinion or Order Filing 104 ORDER granting #101 Motion for Extension of Time to File opening claim construction briefs and the deadline to file responsive claim construction briefs. Signed by Judge Martin L.C. Feldman on 4/20/2009. (caa, )
April 20, 2009 Filing 103 Markman Claim Construction Memorandum by all plaintiffs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ashe, Barry) Modified on 4/21/2009 (caa, ).
April 20, 2009 Filing 102 CLAIM CONSTRUCTION MEMORANDUM filed by all defendants. (Gibbens, William) Modified on 4/21/2009 (caa, ).
April 17, 2009 Filing 101 EXPARTE/CONSENT Joint MOTION for Extension of Time to File Opening Claim Construction Briefs, Joint MOTION for Extension of Time to File Response/Reply as to #96 Order,, Set Hearings, #100 Order on Motion for Extension of Time to File Responsive Claim Construction Briefs by Innovention Toys, LLC, Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Ashe, Barry)
April 7, 2009 Opinion or Order Filing 100 ORDER granting #98 Motion for Extension of Time to File. Signed by Judge Martin L.C. Feldman on 4/7/2009. (caa, )
April 7, 2009 Filing 99 Correction of Docket Entry by Clerk re #98 Joint MOTION for Extension of Time to File Opening Claim Construction Briefs. Filing attorney did not select Innovention Toys, LLC as a filer. Filing attorney MUST select all parties named on pleading as filers. Clerk added filer. (caa, )
April 6, 2009 Filing 98 EXPARTE/CONSENT Joint MOTION for Extension of Time to File Opening Claim Construction Briefs by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. & Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Gibbens, William) Modified on 4/7/2009 (caa, ).
March 31, 2009 Opinion or Order Filing 97 SCHEDULING ORDER: Final Pretrial Conference set for 7/22/2009 02:00 PM & Jury Trial set for 8/10/2009 09:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman. (Attachments: #1 Pretrial Notice Form)(caa, )
March 31, 2009 Opinion or Order Filing 96 ORDER that parties shall file their opening claim construction briefs no later than 4/8/2009; FURTHER ORDER that parties shall file responsive claim construction briefs no later than 4/21/2009; FURTHER ORDER that Markman Hearing is scheduled for 5/13/2009 10:00 AM. Signed by Judge Martin L.C. Feldman on 3/31/2009.(caa, )
March 27, 2009 Opinion or Order Filing 95 ORDER granting #94 Motion to Substitute Attorney. Added attorney William P. Gibbens for Toys ", R", Us, Inc., MGA Entertainment, Inc. & Wal-Mart Stores, Inc. Attorneys Juan Joseph Lizarraga; Marie Breaux and James K. Irvin terminated. Signed by Judge Martin L.C. Feldman on 3/27/2009. (caa, )
March 26, 2009 Filing 94 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney William P. Gibbens to be substituted in place of Marie Breaux, Juan J. Lizarraga, James K. Irvin by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Gibbens, William)
March 13, 2009 Filing 93 Proposed Claim Constructions by Toys "R" Us, Inc., MGA Entertainment, Inc. & Wal-Mart Stores, Inc. (caa, )
March 13, 2009 Opinion or Order Filing 92 ORDER granting #89 Motion for Leave to File Amended Proposed Claim Constructions. Signed by Judge Kurt D. Engelhardt on 3/13/2009. (caa, )
March 12, 2009 Filing 91 Correction of Docket Entry by Clerk re #89 MOTION for Leave to File Proposed Claim Constructions. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.(caa, )
March 11, 2009 Filing 90 Response/Reply by Innovention Toys, LLC to #80 Order,, Terminate Motions,, Terminate Hearings, Proposal Regarding Claims Construction Proceedings (Ashe, Barry)
March 11, 2009 Filing 89 EXPARTE/CONSENT MOTION for Leave to File Proposed Claim Constructions by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Irvin, James)
March 11, 2009 Filing 88 Correction of Docket Entry by Clerk re #87 Memorandum. Filing attorney selected incorrect event. Correct event is Response/Reply. Clerk took corrective action by changing the event.(caa, )
March 11, 2009 Filing 87 Response/Reply by all defendants re #80 Order, and Proposed Claims Construction as Directed by Order and Reasons dated 2/19/2009 (Breaux, Marie) Modified on 3/11/2009 (caa, ).
February 25, 2009 Opinion or Order Filing 86 ORDER granting #84 Motion to Appear Pro Hac Vice for Attorneys Edward A. Pennington & Theodore J. Folkman for Toys ", R", Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. Signed by Judge Martin L.C. Feldman on 2/25/2009. (caa, )
February 25, 2009 Opinion or Order Filing 85 ORDER Scheduling Conference set for 3/31/2009 03:00 PM before courtroom deputy by telephone, by Clerk.(caa, )
February 23, 2009 Filing 84 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $10.) by MGA Entertainment, Inc. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Breaux, Marie) Modified on 2/25/2009 (caa, ). Modified on 2/26/2009 (caa, ).
February 19, 2009 Opinion or Order Filing 83 ORDER denying as moot #79 Motion for Leave to File. Signed by Judge Martin L.C. Feldman on 2/19/2009. (caa, )
February 19, 2009 Opinion or Order Filing 82 ORDER denying as moot #78 Motion for Leave to File. Signed by Judge Martin L.C. Feldman on 2/19/2009. (caa, ) (Corrected Image added on 2/20/2009: #1 Main Document) (caa, ). Modified on 2/20/2009 (caa, ).
February 19, 2009 Opinion or Order Filing 80 ORDER AND REASONS denying without prejudice #35 MOTION for Summary Judgment of Patent Validity and Infringement filed by Innovention Toys, LLC & #45 MOTION for Summary Judgment filed by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc. FURTHER ORDERED that the pre-trial conference & jury trial are continued, to be reset at a scheduling conference, set by the Court. Signed by Judge Martin L.C. Feldman on 2/19/2009.(caa, )
February 18, 2009 Filing 81 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 2/18/2009 re #59 MOTION to Compel Responses to Discovery filed by Innovention Toys, LLC - See document for ruling. (dno, )
February 18, 2009 Filing 79 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum Regarding Innovention's Motion for Summary Judgment of Patent Validity and Infringement by Innovention Toys, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading Innovention's Reply Memorandum Regarding its Motion for Summary Judgment of Patent Validity and Infringement)(Ashe, Barry)
February 17, 2009 Filing 78 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Defendants' Motion for Summary Judgment by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order Granting Leave to File Reply Brief in Support of Defendants' Motion for Summary Judgment, #2 Reply Brief Attached to Motion for Leave, #3 Exhibit 1 to Reply Brief Attached to Motion for Leave, #4 Exhibit 2 to Reply Brief attached to Motion for Leave)(Breaux, Marie)
February 17, 2009 Opinion or Order Filing 77 ORDER denying #73 Request/Statement of Oral Argument filed by MGA Entertainment, Inc., Toys "R" Us, Inc. & Wal-Mart Stores, Inc. Signed by Judge Martin L.C. Feldman on 2/17/2009.(caa, )
February 17, 2009 Filing 75 Correction of Docket Entry by Clerk re #74 Request/Statement of Oral Argument. Filing attorney selected incorrect event. Correct event is Response/Reply. Clerk took corrective action by re-docketing the event. (caa, )
February 16, 2009 Filing 76 Response/Reply by Innovention Toys, LLC to #73 Request/Statement of Oral Argument (caa, )
February 16, 2009 Filing 74 **ERROR: WRONG EVENT SELECTED** Request/Statement of Oral Argument by Innovention Toys, LLC regarding #45 MOTION for Summary Judgment, #35 MOTION for Summary Judgment of Patent Validity and Infringement. (Ashe, Barry) Modified on 2/17/2009 (caa, ).
February 16, 2009 Filing 73 Request/Statement of Oral Argument by all defendants regarding #45 MOTION for Summary Judgment (Breaux, Marie)
February 16, 2009 Filing 72 **DEFICIENT** REPLY to Response to Motion filed by all defendants re #45 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1 ABA Journal Article, #2 Exhibit 2 Order from Bratz litigation)(Breaux, Marie) Modified on 2/17/2009 (caa, ). Modified on 2/17/2009 (caa, ).
February 12, 2009 Filing 71 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #45 MOTION for Summary Judgment of Defendants (CORRECTED). (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Affidavit of Robert Silverman in Opposition to Defendants' Motion for Summary Judgment, #3 Exhibit 1 to Declaration of Robert Silverman, #4 Exhibit 2 to Declaration of Robert Silverman, #5 Exhibit 3 to Declaration of Robert Silverman, #6 Affidavit of Michael Larson in Opposition to Defendants' Motion for Summary Judgment)(Ashe, Barry)
February 10, 2009 Filing 70 **DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #45 MOTION for Summary Judgment of Defendants. (Attachments: #1 Affidavit of Robert Silverman in Opposition to MGA's Motion for Summary Judgment, #2 Exhibit 1 to Declaration of Robert Silverman, #3 Exhibit 2 to Declaration of Robert Silverman, #4 Exhibit 3 to Declaration of Robert Silverman, #5 Affidavit of Michael Larson in Opposition to MGA's Motion for Summary Judgment, #6 Statement of Contested/Uncontested Facts)(Ashe, Barry) Modified on 2/11/2009 (gec, ).
February 10, 2009 Filing 69 RESPONSE/MEMORANDUM in Opposition filed by all defendants re #46 MOTION to Compel filed by Plaintiff Innovention. (Breaux, Marie)
February 10, 2009 Filing 68 RESPONSE/MEMORANDUM in Opposition filed by all defendants re #35 MOTION for Summary Judgment of Patent Validity and Infringement filed by Plaintiff Innovention. (Attachments: #1 Appendix Comparison Chart: '242 Patent / Laser Battle, #2 Statement of Contested/Uncontested Facts, #3 Exhibit "S" Validity and Infringement Analysis Chart, #4 Exhibit T Initial Disclosures by Defendants, #5 Exhibit U Redacted Answers to Interrogatories by Plaintiff, #6 Exhibit V Instructions for Laser Battle Game, #7 Exhibit W Declaration of Ami Shapiro)(Breaux, Marie)
February 5, 2009 Opinion or Order Filing 67 ORDER granting #64 Joint MOTION to Continue Hearings on #45 MOTION for Summary Judgment and #35 MOTION for Summary Judgment of Patent Validity and Infringement. Motion Hearings continued to 2/18/2009 on the papers. Signed by Judge Martin L.C. Feldman on 2/4/09.(gec, )
February 5, 2009 Opinion or Order Filing 66 ORDERED that the #65 First MOTION to Continue Hearing on Plaintiff's Motion to Compel filed by MGA Entertainment, Inc. is granted and the hearing on the #59 MOTION to Compel Responses to Discovery is continued until 2/18/2009 at 11:00 AM before Magistrate Judge Alma L. Chasez by telephone. Signed by Magistrate Judge Alma L. Chasez on 2/4/09.(dno, )
February 3, 2009 Filing 65 EXPARTE/CONSENT First MOTION to Continue Hearing on Plaintiff's Motion to Compel by MGA Entertainment, Inc.. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Order granting continuance to February 18, 2009)(Breaux, Marie)
February 3, 2009 Filing 64 EXPARTE/CONSENT Joint MOTION to Continue Hearings on Motions for Summary Judgment by Innovention Toys, LLC, Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Bubbett, Mary)
January 28, 2009 Filing 63 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 1/28/2009 re #47 MOTION to Strike filed by MGA Entertainment, Inc., #32 MOTION for Contempt #46 MOTION to Compel filed by MGA Entertainment, Inc. (ala, ) Modified on 2/4/2009 (ala, ).
January 28, 2009 Filing 62 EXPARTE/CONSENT MOTION for Leave to File Memorandum in Opposition to Innovention's Statement of Costs in Connection with its Motion for Contempt by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Breaux, Marie)
January 27, 2009 Filing 61 **DEFICIENT** MEMORANDUM filed by MGA Entertainment, Inc. re #32 MOTION for Sanctions in opposition to Innovention's Statement of Costs. (Breaux, Marie) Modified on 1/28/2009 (caa, ).
January 27, 2009 Opinion or Order Filing 60 ORDER Setting Oral Hearing on #59 MOTION to Compel Responses to Discovery : Motion Hearing set for 2/11/2009 11:00 AM (w/oral argument via telephone) before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 1/26/09.(ala, )
January 23, 2009 Filing 59 MOTION to Compel Responses to Discovery by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. Motion Hearing set for 2/11/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Rule 37.1 Certificate, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Notice of Hearing)(Bubbett, Mary)
January 21, 2009 Filing 57 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 1/21/2009 re #32 MOTION for Sanctions filed by Innovention Toys, LLC. Motion Hearing continued to 1/28/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (ala, )
January 20, 2009 Opinion or Order Filing 58 ORDER granting #50 Motion to supplement and attach document under seal. Signed by Magistrate Judge Alma L. Chasez on 1/20/09. (dno, )
January 20, 2009 Filing 56 RESPONSE/MEMORANDUM in Opposition filed by Innovention Toys, LLC re #47 MOTION to Strike, #46 MOTION to Compel. (Bubbett, Mary)
January 20, 2009 Opinion or Order Filing 55 ORDER granting #54 MOTION to Continue Hearing on Defendants' Motion for Summary Judgment filed by Innovention Toys, LLC, Resetting Hearing on #35 MOTION for Summary Judgment of Patent Validity and Infringement & #45 MOTION for Summary Judgment. Motion Hearing reset for 2/11/2009, on the papers, unless otherwise ordered. Signed by Judge Martin L.C. Feldman on 1/20/2009.(caa, )
January 16, 2009 Filing 54 EXPARTE/CONSENT MOTION to Continue Hearing on Defendants' Motion for Summary Judgment by Innovention Toys, LLC. (Attachments: #1 Proposed Order)(Ashe, Barry)
January 15, 2009 Filing 53 Correction of Docket Entry by Clerk re #50 MOTION to Amend/Correct #46 MOTION to Compel. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (caa, )
January 15, 2009 Filing 52 Correction of Docket Entry by Clerk re #50 MOTION to Amend/Correct #46 MOTION to Compel. Filing attorney selected incorrect event. Correct event is MOTION for Miscellaneous Relief. Clerk took corrective action by changing the event. (caa, )
January 15, 2009 Opinion or Order Filing 51 ORDER Setting Oral Hearing on #47 MOTION to Strike : Motion Hearing set for 1/28/2009 11:00 AM(w/oral argument via telephone) before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 1/14/09.(ala, )
January 15, 2009 Filing 50 EXPARTE/CONSENT MOTION to supplement and attach document under seal by MGA Entertainment, Inc. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Order)(Breaux, Marie) Modified on 1/15/2009 (caa, ).
January 14, 2009 Filing 49 Correction of Docket Entry by Clerk re #47 MOTION to Strike. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary at this time. (caa, )
January 14, 2009 Filing 48 Correction of Docket Entry by Clerk re #46 MOTION to Compel. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary at this time. (caa, )
January 13, 2009 Filing 47 MOTION to Strike by MGA Entertainment, Inc.. Motion Hearing set for 1/28/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing)(Breaux, Marie) (Additional attachment(s) added on 1/14/2009: #3 Exhibit) (caa, ).
January 13, 2009 Filing 46 MOTION to Compel by MGA Entertainment, Inc.. Motion(s) referred to Alma L. Chasez. Motion Hearing set for 1/28/2009 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing)(Breaux, Marie) (Additional attachment(s) added on 1/14/2009: #3 Exhibit A, #4 Exhibit B, Part 1, #5 Exhibit B, Part 2, #6 Exhibit B, part 3) (caa, ).
January 13, 2009 Filing 45 MOTION for Summary Judgment by Toys "R" Us, Inc., MGA Entertainment, Inc. & Wal-Mart Stores, Inc. Motion Hearing set for 1/28/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing, #3 Statement of Contested/Uncontested Facts, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J COMPUTE! 1987, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit M (PART 2), #18 Exhibit N, #19 Exhibit O, #20 Exhibit P, #21 Exhibit Q, #22 Exhibit R, #23 List of Exhibits)(Breaux, Marie) Modified on 1/14/2009 (caa, ).
January 7, 2009 Filing 44 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 1/7/2009 re #32 MOTION for Sanctions filed by Innovention Toys, LLC, as to #32 MOTION for Sanctions. Motion continued until 1/21/2009 at 11:00 AM before Magistrate Judge Alma L. Chasez as set forth. (dno, )
January 7, 2009 Opinion or Order Filing 43 ORDER granting #42 MOTION to Continue and for Extension of Time to File Response/Reply as to #35 MOTION for Summary Judgment of Patent Validity and Infringement. Motion Hearing continued to 1/28/2009 before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman on 1/7/2009.(caa, )
January 6, 2009 Filing 42 EXPARTE/CONSENT MOTION to Continue Hearing and for Extension of Time to File Response/Reply as to #35 MOTION for Summary Judgment of Patent Validity and Infringement by MGA Entertainment, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(caa, )
January 6, 2009 Filing 41 Correction of Docket Entry by Clerk re #40 First MOTION to Continue Hearing on Plaintiff's Motion for Summary Judgment. Filing attorney selected only one relief for a multiple-relief motion and Attachments have duplicate description. To select multiple reliefs, you must select all applicable reliefs by clicking the additional relief(s) under 'Available Events' before clicking the Next button and for attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action by re-docketing the document using the reliefs MOTION to Continue and MOTION for Extension of Time to File Response/Reply. (caa, )
January 6, 2009 Filing 40 **ERROR: MOTION WITH MULTIPLE RELIEFS FILED AS ONE RELIEF** EXPARTE/CONSENT First MOTION to Continue Hearing on Plaintiff's Motion for Summary Judgment by MGA Entertainment, Inc.. (Attachments: #1 Proposed Order Proposed Order granting continuance of motion to January 28, 2009, #2 Memorandum in Support Memo in Support of Motion to Continue)(Breaux, Marie) Modified on 1/6/2009 (caa, ).
December 30, 2008 Filing 39 RESPONSE/MEMORANDUM in Opposition filed by all defendants re #32 MOTION for Sanctions. (Breaux, Marie)
December 30, 2008 Filing 38 Correction of Docket Entry by Clerk re #36 Witness and Exhibit List. Multiple PDF's were incorrectly filed as one. The attachment should have been filed as attachment to Witness and Exhibit List. All future filings should be entered this way. Clerk took corrective action. No further action is necessary. (caa, )
December 29, 2008 Filing 37 Witness and Exhibit List by Innovention Toys, LLC. (Bubbett, Mary)
December 29, 2008 Filing 36 Witness and Exhibit List by all defendants. (Breaux, Marie) (Corrected Image(s) added on 12/30/2008: #1 Main Document, #2 Attachment) (caa, ). Modified on 12/30/2008 (caa, ).
December 29, 2008 Filing 35 MOTION for Summary Judgment of Patent Validity and Infringement by Innovention Toys, LLC. Motion Hearing set for 1/14/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing, #3 Statement of Contested/Uncontested Facts, #4 Appendix to Memorandum in Support of Motion for Summary Judgment, #5 Affidavit, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9A, #15 Exhibit 9B, #16 Exhibit 9C, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21)(Ashe, Barry) Modified on 12/29/2008 (caa, ).
December 24, 2008 Filing 34 **DEFICIENT** MOTION for Summary Judgment of Patent Validity and Infringement by Innovention Toys, LLC. Motion Hearing set for 1/14/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: #1 Memorandum in Support, #2 Notice of Hearing, #3 Appendix to Memorandum in Support of Motion for Summary Judgment, #4 Affidavit in Support of Motion for Summary Judgment, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9A, #14 Exhibit 9B, #15 Exhibit 9C, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13, #20 Exhibit 14, #21 Exhibit 15, #22 Exhibit 16, #23 Exhibit 17, #24 Exhibit 18, #25 Exhibit 19, #26 Exhibit 20, #27 Exhibit 21)(Ashe, Barry) Modified on 12/29/2008 (caa, ).
December 9, 2008 Opinion or Order Filing 33 ORDER Setting Oral Hearing on #32 MOTION for Sanctions : Motion Hearing set for 1/7/2009 11:00 AM (w/oral argument)before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 12/9/08.(ala, )
December 5, 2008 Filing 32 MOTION for Sanctions by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. Motion Hearing set for 12/24/2008 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Hearing)(Bubbett, Mary)
November 19, 2008 Filing 31 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Settlement Conference held on 11/19/2008. (ala, )
October 14, 2008 Opinion or Order Filing 30 ORDER - Settlement Conference set for 11/19/2008 02:30 PM before Magistrate Judge Alma L. Chasez. Signed by Magistrate Judge Alma L. Chasez on 10/14/08.(ala, )
July 29, 2008 Opinion or Order Filing 29 ORDER granting #28 Motion for Protective Order. Signed by Magistrate Judge Alma L. Chasez on 7/29/08. (ala, )
June 27, 2008 Filing 28 EXPARTE/CONSENT Joint MOTION for Protective Order by Innovention Toys, LLC. Motion(s) referred to Alma L. Chasez. (Attachments: #1 Proposed Pleading #2 Proposed Order)(Bubbett, Mary) Modified on 6/30/2008 (dno, ).
March 26, 2008 Opinion or Order Filing 27 SCHEDULING ORDER: Final Pretrial Conference set for 2/26/2009 01:45 PM & Jury Trial set for 3/16/2009 09:00 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman. (Attachments: #1 Pretrial Notice Form)(caa, )
January 31, 2008 Opinion or Order Filing 26 ORDER granting #24 Motion to Appear. Signed by Judge Ivan L. R. Lemelle for Judge Martin L.C. Feldman on 1/31/2008. (caa, )
January 30, 2008 Filing 25 Correction of Docket Entry by Clerk re #24 MOTION to Appear as Counsel of Record. Motion no longer deemed deficient. (caa, )
January 30, 2008 Filing 24 EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc. (Attachments: #1 Proposed Order)(Irvin, James) Modified on 1/30/2008 (caa, ). Modified on 1/30/2008 (caa, ).
January 24, 2008 Opinion or Order Filing 23 AMENDED ORDER Scheduling Conference set for 3/20/2008 10:00 AM, in Courtroom C551, Section "F". Signed by Judge Martin L.C. Feldman.(caa, )
January 23, 2008 Opinion or Order Filing 22 ORDER Scheduling Conference set for 3/28/2008 10:00 AM, in Courtroom C551, Section "F". Signed by Judge Martin L.C. Feldman.(caa, )
January 9, 2008 Filing 21 ANSWER to Counterclaim of MGA and Wal-Mart, ANSWER to Counterclaim of MGA, Wal-Mart and Toys R US by Innovention Toys, LLC.(Bubbett, Mary)
December 26, 2007 Filing 20 ANSWER to Amended Complaint with Jury Demand, COUNTERCLAIM against Innovention Toys, LLC by Toys "R" Us, Inc., MGA Entertainment, Inc., Wal-Mart Stores, Inc..(Lizarraga, Juan)
December 13, 2007 Filing 19 SUMMONS Returned Executed; MGA Entertainment, Inc. served on 12/10/2007, answer due 12/31/2007. (Bubbett, Mary)
December 13, 2007 Filing 18 SUMMONS Returned Executed; Wal-Mart Stores, Inc. served on 12/6/2007, answer due 12/26/2007. (Bubbett, Mary)
December 13, 2007 Filing 17 SUMMONS Returned Executed; Toys "R" Us, Inc. served on 12/6/2007, answer due 12/26/2007. (Bubbett, Mary)
December 5, 2007 Filing 16 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Innovention Toys, LLC by MGA Entertainment, Inc., Wal-Mart Stores, Inc..(Breaux, Marie)
December 5, 2007 Opinion or Order Filing 15 ORDER granting #8 Motion to Appear Pro Hac Vice as to Matthew B. Lowrie. Signed by Judge Martin L.C. Feldman on 12/4/2007. (caa, )
December 5, 2007 Filing 12 Correction of Docket Entry by Clerk re #11 Amended Complaint. Filing attorney added Party twice; completed address information on Party Information Screen; & Document does not contain Section and/or Magistrate Judge. When adding parties to case the party is added ONLY once; on the Party Information Screen filing attorney will complete ONLY the party name and role, NEVER enter any address information; & all future pleadings must reflect Section F and Magistrate Judge 5. Clerk took corrective action. (caa, )
December 4, 2007 Filing 14 Summons Issued as to Toys "R" Us, Inc., MGA Entertainment, Inc. & Wal-Mart Stores, Inc. (caa, )
December 4, 2007 Filing 13 Request of Summons Issued as to Toys "R" Us, Inc., MGA Entertainment, Inc. & Wal-Mart Stores, Inc. filed by Innovention Toys, LLC re #11 Amended Complaint. (caa, )
December 4, 2007 Filing 11 AMENDED COMPLAINT with Jury Demand against all defendants filed by Innovention Toys, LLC.(Bubbett, Mary)
November 29, 2007 Opinion or Order Filing 10 ORDER granting #9 Motion to Appear Pro Hac Vice as to Robert J. Silverman. Signed by Judge Martin L.C. Feldman on 11/28/2007. (caa, )
November 27, 2007 Filing 9 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Robert Silverman (Filing fee $5.) by Innovention Toys, LLC. (Attachments: #1 Proposed Order #2 Affidavit #3 Certificate of Good Standing)(Bubbett, Mary) Modified on 11/27/2007 (caa, ). Modified on 11/30/2007 (caa, ).
November 26, 2007 Filing 8 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Matthew Lowrie (Filing fee $5.) by Innovention Toys, LLC. (Attachments: #1 Proposed Order #2 Affidavit #3 Certificate of Good Standing)(Bubbett, Mary) Modified on 11/27/2007 (caa, ). Modified on 11/30/2007 (caa, ).
November 26, 2007 Filing 7 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $5.) by Innovention Toys, LLC. (Attachments: #1 Proposed Order #2 Affidavit #3 Certificate of Good Standing)(Bubbett, Mary) Modified on 11/27/2007 (caa, ).
November 5, 2007 Filing 6 SUMMONS Returned Executed; MGA Entertainment, Inc. served on 10/26/2007, answer due 11/15/2007. (Bubbett, Mary)
October 30, 2007 Filing 5 SUMMONS Returned Executed; Wal-Mart Stores, Inc. served on 10/25/2007, answer due 11/14/2007. (Bubbett, Mary)
October 24, 2007 Filing 4 Summons Re-Issued as to MGA Entertainment, Inc. (caa, )
October 24, 2007 Filing 3 Request of Summons Re-Issued as to MGA Entertainment, Inc. filed by Innovention Toys, LLC re #1 Complaint. (caa, )
October 5, 2007 Filing 2 Summons Issued as to MGA Entertainment, Inc. & Wal-Mart Stores, Inc. (caa, )
October 5, 2007 Filing 1 COMPLAINT with Jury Demand against MGA Entertainment, Inc. & Wal-Mart Stores, Inc. (Filing fee $ 350.) filed by Innovention Toys, LLC. (Attachments: #1 Exhibit #2 Civil Cover Sheet)(caa, )

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Defendant: MGA Entertainment, Inc.
Represented By: Edward A. Pennington
Represented By: Sherman Gene Fendler
Represented By: James K. Irvin
Represented By: David Patron
Represented By: Mark R. Galis
Represented By: George Denegre, Jr.
Represented By: William P. Gibbens
Represented By: Allen M. Sokal
Represented By: Alaina Lakawicz
Represented By: Theodore J. Folkman
Represented By: Siddhesh V Pandit
Represented By: Michael A. Nicodema
Represented By: Jeffrey W. Greene
Represented By: Juan Joseph Lizarraga
Represented By: Kevin J. O'Shea
Represented By: Matthew J. Levinstein
Represented By: Marie Breaux
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Defendant: Wal-Mart Stores Inc
Represented By: Edward A. Pennington
Represented By: Sherman Gene Fendler
Represented By: James K. Irvin
Represented By: David Patron
Represented By: Mark R. Galis
Represented By: George Denegre, Jr.
Represented By: William P. Gibbens
Represented By: Allen M. Sokal
Represented By: Alaina Lakawicz
Represented By: Theodore J. Folkman
Represented By: Siddhesh V Pandit
Represented By: Michael A. Nicodema
Represented By: Jeffrey W. Greene
Represented By: Juan Joseph Lizarraga
Represented By: Kevin J. O'Shea
Represented By: Matthew J. Levinstein
Represented By: Marie Breaux
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Defendant: Toys "R" Us, Inc.
Represented By: Edward A. Pennington
Represented By: Sherman Gene Fendler
Represented By: James K. Irvin
Represented By: David Patron
Represented By: Mark R. Galis
Represented By: George Denegre, Jr.
Represented By: William P. Gibbens
Represented By: Allen M. Sokal
Represented By: Alaina Lakawicz
Represented By: Siddhesh V Pandit
Represented By: Michael A. Nicodema
Represented By: Theodore J. Folkman
Represented By: Jeffrey W. Greene
Represented By: Juan Joseph Lizarraga
Represented By: Kevin J. O'Shea
Represented By: Matthew J. Levinstein
Represented By: Marie Breaux
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Plaintiff: Innovention Toys, LLC
Represented By: Monica Mucchetti Eno
Represented By: Stephen G. Bullock
Represented By: David A. Caine
Represented By: Ann Lamport Hammitte
Represented By: Matthew B. Lowrie
Represented By: Robert J. Silverman
Represented By: Xiang Long
Represented By: Brandon D. Baum
Represented By: John L. Welch
Represented By: Thomas P. McNulty
Represented By: James C. Otteson
Represented By: Thomas T. Carmack
Represented By: Barry W. Ashe
Represented By: Lesli D. Harris
Represented By: Mary Bubbett Jackson
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Petitioner: Matthew B Lowrie
Represented By: Ashley L. Belleau
Represented By: John Y. Pearce
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Petitioner: Robert J Silverman
Represented By: Ashley L. Belleau
Represented By: John Y. Pearce
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