Ford Motor Company et al v. Thermoanalytics, Inc.
| Ford Motor Company and Ford Global Technologies, LLC |
| Thermoanalytics, Inc. |
| 2:2014cv13992 |
| October 16, 2014 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| Wayne |
| Gershwin A Drain |
| R Steven Whalen |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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This docket was last retrieved on September 11, 2017. A more recent docket listing may be available from PACER.
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Filing 94
Trademark Report Sent To Washington (SSch)
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Filing 93
ORDER Granting #92 Motion to Dismiss. Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 92
Joint MOTION to Dismiss by All Plaintiffs. (Phillips, Gregory)
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Set Deadlines/Hearings: Status Conference set for 11/14/2016 03:30 PM before District Judge Gershwin A. Drain: TIME CHANGE ONLY. (TBan)
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TEXT-ONLY NOTICE: Bench Trial on 11/14/16 is Cancelled. (TBan)
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Set Deadlines/Hearings: Bench Trial reset for 11/14/2016 09:00 AM before District Judge Gershwin A. Drain (TBan)
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Filing 91
NOTICE TO APPEAR: Status Conference set for 11/14/2016 10:30 AM before District Judge Gershwin A. Drain (TBan)
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TEXT-ONLY NOTICE: Final Pretrial Conference on 10/25/16 is Cancelled. (TBan)
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Filing 90
ORDER GRANTING re #88 MOTION for Withdrawal of Attorney Kara Tertzag Lividini filed by Ford Global Technologies, LLC, Ford Motor Company. Signed by District Judge Gershwin A. Drain. (SSch)
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Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Post Settlement Status Conference held on 8/17/2016. (CCie)
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Filing 89
NOTICE by All Defendants Joint Notice Reporting on the Status of Settlement (Sendek, Bruce)
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Filing 88
MOTION for Withdrawal of Attorney Kara Tertzag Lividini by Ford Global Technologies, LLC, Ford Motor Company. (Phillips, Gregory)
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Filing 87
Notice of E-mail Delivery Failure as to attorney Kara Tertzag Lividini. Bounced NEF for #85 Order, Terminate Motions, Set Deadlines/Hearings,,,. (SSch)
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Filing 86
Notice of E-mail Delivery Failure as to attorney Kara Tertzag Lividini. Bounced NEF for #84 Joint MOTION to Adjourn Deadlines. (SSch)
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Filing 85
ORDER. (Final Pretrial Conference set for 10/25/2016 02:00 PM before District Judge Gershwin A. Drain, Bench Trial set for 11/1/2016 09:00 AM before District Judge Gershwin A. Drain) Signed by District Judge Gershwin A. Drain. (SBur)
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Filing 84
Joint MOTION to Adjourn Deadlines by All Plaintiffs. (Cherry, Jared)
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Filing 83
TRANSCRIPT of Statement of Conditional Settlement held on July 7th, 2016. (Court Reporter/Transcriber: Joan L. Morgan) (Number of Pages: 17) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/24/2016. Redacted Transcript Deadline set for 9/6/2016. Release of Transcript Restriction set for 11/1/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Morgan, J)
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Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Settlement Conference held on 7/7/2016 - Disposition: Settlement reached conditionally. (Court Reporter: Digitally Recorded) (CCie)
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Filing 82
OPINION and ORDER Granting in Part and Denying in Part Defendant's Motion for Partial Summary Judgment #67 . Signed by District Judge Gershwin A. Drain. (DPar)
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Filing 81
REPLY to Response re #67 MOTION for Partial Summary Judgment filed by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Merriam-Webster Dictionary, Definition of Royalty, #3 Exhibit B - Responses to Fords Fourth Document Requests) (McGinty, Brian)
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Filing 80
SUPPLEMENTAL BRIEF re Motion Hearing,, regarding Jury Demand filed by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Comparison re First Amended Complaint, #3 Exhibit B - Excerpt from the Keith Johnson deposition transcript) (Sendek, Bruce)
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Filing 79
SUPPLEMENTAL BRIEF re Motion Hearing,, re Defendant's Jury Demand filed by All Plaintiffs. (Attachments: #1 Exhibit A - Complaint (redlined)) (Phillips, Gregory)
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Filing 78
OPINION AND ORDER GRANTING IN PART PLAINTIFFS' MOTION TO PRECLUDE PORTIONS OF EXPERT TESTIMONY UNDER FEDERAL RULE OF CIVIL PROCEDURE 37(c) #64 AND GRANTING PLAINTIFFS' MOTION TO PRECLUDE TESTIMONY REGARDING TOPICS ALREADY ADJUDICATED ON SUMMARY JUDGMENT #65 . Signed by District Judge Gershwin A. Drain. (TBan)
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Set/Reset Deadlines as to #67 MOTION for Partial Summary Judgment . Motion Hearing reset for 6/1/2016 10:30 AM before District Judge Gershwin A. Drain (TBan)
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Filing 77
RESPONSE to #67 MOTION for Partial Summary Judgment CORRECTED in Response to Order #76 filed by All Plaintiffs. (Attachments: #1 Exhibit A - Invoices for Module sales under the RADTHERM trademark during the term of the License Agreement, #2 Exhibit B - Invoices for Module sales under the RADTHERM trademark after termination of the License Agreement, #3 Exhibit C - Invoices for Module sales under the RADTHERM trademark after TAI represented to the Court that it had rebranded the RadTherm software, #4 Exhibit D - Representative promotional materials for the Modules using the RADTHERM Trademark, #5 Exhibit E - Excerpts from End User License Agreement for RadTherm 10, #6 Exhibit F - Excerpts from End User License Agreement for RadTherm 11, #7 Exhibit G - Excerpts from End User License Agreement for RadTherm 8, #8 Exhibit H - Excerpts from End User License Agreement for RadTherm 9, #9 Exhibit I - Excerpts from deposition of Keith Johnson, #10 Exhibit J - Excerpts from deposition of Craig Makens, #11 Exhibit K - OEM License Agreement dated October 24, 2006, between TAI and EXA, #12 Exhibit L - Memorandum of Understanding dated June 19, 2006, between TAI and EXA, #13 Exhibit M - PowerTherm Copyright Notices, #14 Exhibit N - Expert Report of Dr. Jeffrey Miller, #15 Exhibit O - Excerpts from deposition of Dr. Allen Curran, #16 Exhibit P - Fords Fourth Set of Requests for Production, #17 Exhibit Q - TAIs Third Set of Requests for Production, #18 Exhibit R - Fords Responses to TAIs Second Set of Interrogatories, #19 Exhibit S - Fords Responses to TAIs Third Set of Requests for Admission, #20 Exhibit T - Fords Subpoena to EXA, #21 Exhibit U - Fords Notice of Deposition of TAI, #22 Exhibit V - Excerpts from deposition of Cynthia Curry, #23 Exhibit W - Invoices from TAI to Ford showing purchase of Human Thermal Comfort Licenses and RadTherm Volume Solids Annual Licenses, #24 Exhibit X - Excerpts from deposition of James Woods, #25 Exhibit Y - Diagram illustrating Relationships between TAI products) (Phillips, Gregory)
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Filing 76
ORDER striking #75 Response and ordering new response brief to be filed. Signed by District Judge Gershwin A. Drain. (DPer)
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Filing 75
[STRICKEN PER 04/12/16 ORDER] RESPONSE to #67 MOTION for Partial Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit A - Invoices for Module sales under the RADTHERM trademark during the term of the License Agreement, #2 Exhibit B - Invoices for Module sales under the RADTHERM trademark after termination of the License Agreement, #3 Exhibit C - Invoices for Module sales under the RADTHERM trademark after TAI represented to the Court that it had rebranded the RadTherm software, #4 Exhibit D - Representative promotional materials for the Modules using the RADTHERM Trademark, #5 Exhibit E - Excerpts from End User License Agreement for RadTherm 10, #6 Exhibit F - Excerpts from End User License Agreement for RadTherm 11, #7 Exhibit G - Excerpts from End User License Agreement for RadTherm 8, #8 Exhibit H - Excerpts from End User License Agreement for RadTherm 9, #9 Exhibit I - Excerpts from deposition of Keith Johnson, #10 Exhibit J - Excerpts from deposition of Craig Makens, #11 Exhibit K - OEM License Agreement dated October 24, 2006, between TAI and EXA, #12 Exhibit L - Memorandum of Understanding dated June 19, 2006, between TAI and EXA, #13 Exhibit M - PowerTherm Copyright Notices, #14 Exhibit N - Expert Report of Dr. Jeffrey Miller, #15 Exhibit O - Excerpts from deposition of Dr. Allen Curran, #16 Exhibit P - Fords Fourth Set of Requests for Production, #17 Exhibit Q - TAIs Third Set of Requests for Production, #18 Exhibit R - Fords Responses to TAIs Second Set of Interrogatories, #19 Exhibit S - Fords Responses to TAIs Third Set of Requests for Admission, #20 Exhibit T - Fords Subpoena to EXA, #21 Exhibit U - Fords Notice of Deposition of TAI, #22 Exhibit V - Excerpts from deposition of Cynthia Curry, #23 Exhibit W - Invoices from TAI to Ford showing purchase of Human Thermal Comfort Licenses and RadTherm Volume Solids Annual Licenses, #24 Exhibit X - Excerpts from deposition of James Woods) (Phillips, Gregory) Modified on 4/12/2016 (DPer).
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Filing 74
RESPONSE to #64 MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY (Response to Plaintiffs' Supplemental Filing in Support of Motion to Exclude...) filed by Thermoanalytics, Inc.. (Attachments: #1 Exhibit A - Partial Dep of Allen Curran) (Sendek, Bruce)
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Filing 73
SUPPLEMENTAL BRIEF re #64 MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY filed by All Plaintiffs. (Attachments: #1 Exhibit A - Excerpts from Deposition Transcript of Dr Allen Curran) (Phillips, Gregory)
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Minute Entry for proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 4/7/2016 re #64 MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY filed by Ford Global Technologies, LLC, Ford Motor Company, #65 MOTION TO EXCLUDE TESTIMONY ON TOPICS ADJUDICATED BY THE COURTS SUMMARY JUDGMENT ORDER filed by Ford Global Technologies, LLC, Ford Motor Company Disposition: Motion taken under advisement (Court Reporter: Merilyn Jones) (TBan)
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Filing 72
REPLY to Response re #65 MOTION TO EXCLUDE TESTIMONY ON TOPICS ADJUDICATED BY THE COURTS SUMMARY JUDGMENT ORDER filed by All Plaintiffs. (Attachments: #1 Exhibit A - Index of Exhibits, #2 Exhibit B - Excerpt from Dr. Allen Curran Deposition, #3 Exhibit C - Excerpts from Deposition of Cynthia Curry, #4 Exhibit D - Ford Rebuttal Disclosure) (Phillips, Gregory)
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Filing 71
REPLY to Response re #64 MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY filed by All Plaintiffs. (Attachments: #1 Exhibit A - Rebuttal report of Joseph Gemini in Response to Malec Report) (Phillips, Gregory)
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Filing 70
RESPONSE to #64 MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY filed by Thermoanalytics, Inc.. (Sendek, Bruce)
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Filing 69
RESPONSE to #65 MOTION TO EXCLUDE TESTIMONY ON TOPICS ADJUDICATED BY THE COURTS SUMMARY JUDGMENT ORDER filed by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Expert Report of Dr. Jeffrey Miller, #3 Exhibit B - Hinkle v. Ford Motor Co., No. 3:1124DCR, 2012 WL 5868899 (E.D.Ky. Nov. 20, 2012), #4 Exhibit C - Laukus v. Rio Brands, Inc., 391 F. App'x 416 (6th Cir. 2010), #5 Exhibit D - Email from Bruce Sendek dated March 12, 2016, #6 Exhibit E - First Miller Declaration, #7 Exhibit F - Amended Witness List, #8 Exhibit G - Second Miller Declaration, #9 Exhibit H - First Johnson Declaration, #10 Exhibit I - Johnson Deposition Transcript Excerpts, #11 Exhibit J - Curran Deposition Transcript Excerpts) (Sendek, Bruce)
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Filing 68
NOTICE OF HEARING on #67 MOTION for Partial Summary Judgment . Motion Hearing set for 5/3/2016 02:00 PM before District Judge Gershwin A. Drain (TBan)
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Filing 67
MOTION for Partial Summary Judgment by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Fords License Agreement of December 31, 1998, #3 Exhibit 2 - Termination Letter to Ford dated November 14, 2013, #4 Exhibit 3 - Declaration of Keith Johnson, #5 Exhibit 4 - Fords Response to TAIs Second Set of Requests for Admissions) (Sendek, Bruce)
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Filing 66
NOTICE OF HEARING on #65 MOTION TO EXCLUDE TESTIMONY ON TOPICS ADJUDICATED BY THE COURTS SUMMARY JUDGMENT ORDER , #64 MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY . Motion Hearing set for 4/7/2016 10:00 AM before District Judge Gershwin A. Drain (TBan)
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Filing 65
MOTION TO EXCLUDE TESTIMONY ON TOPICS ADJUDICATED BY THE COURTS SUMMARY JUDGMENT ORDER by All Plaintiffs. (Attachments: #1 Exhibit A - Expert Report of Jeffrey A. Miller, Ph.D., #2 Exhibit B - Excerpts from Deposition of Dr. Allen Curran) (Phillips, Gregory)
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Filing 64
MOTION MOTION TO EXCLUDE PORTIONS OF EXPERT REPORT FROM ANDREW M. MALEC, Ph.D BASED ON DOCUMENTS WITHHELD BY TAI IN DISCOVERY by All Plaintiffs. (Attachments: #1 Exhibit 1 - Expert Report of Andrew M. Malec, Ph.D, #2 Exhibit 2 - Email to B Sendek from J Cherry dated 2016-02-22, #3 Exhibit 3 - Techsavies v WFDA Mktg - 2011 US Dist Lexis 152833, #4 Exhibit 4 - Siemens Medical Solutions v Saint-Gobain Ceramics) (Phillips, Gregory)
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Filing 63
AMENDED NOTICE TO APPEAR: Settlement Conference reset for 7/7/2016 at 01:30 PM before Magistrate Judge R. Steven Whalen. (THac)
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Filing 62
First Amended WITNESS LIST by All Plaintiffs (Cherry, Jared)
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Filing 61
Amended WITNESS LIST by Thermoanalytics, Inc. (McGinty, Brian)
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Filing 60
OPINION AND ORDER DENYING DEFENDANTS MOTION FOR RECONSIDERATION AND DENYING DEFENDANTS REQUEST FOR CERTIFICATION PURSUANT TO 28 U.S.C. 1292(b) #48 . Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 59
STIPULATED ORDER RESOLVING Plaintiffs' #51 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (CCie)
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Filing 58
NOTICE by All Plaintiffs re #54 Notice of Hearing on Motion, Joint List of Unresolved Issues (Phillips, Gregory)
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Filing 57
REPLY to Response re #51 MOTION to Compel PRODUCTION OF DOCUMENTS AND FOR SANCTIONS PURSUANT TO RULE 37 filed by All Plaintiffs. (Attachments: #1 Exhibit A - Excerpts from Deposition Transcript of Cynthia Curry) (Phillips, Gregory)
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Filing 56
NOTICE by All Plaintiffs re #51 MOTION to Compel PRODUCTION OF DOCUMENTS AND FOR SANCTIONS PURSUANT TO RULE 37, #54 Notice of Hearing on Motion, Pursuant to Court Order Regarding Motion to Compel (Phillips, Gregory)
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Filing 55
RESPONSE to #51 MOTION to Compel PRODUCTION OF DOCUMENTS AND FOR SANCTIONS PURSUANT TO RULE 37 filed by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Ford's License Agreement of December 31, 1998, #3 Exhibit B - February 2006 and October 2007 Email Exchange, #4 Exhibit C - Termination Letter to Ford dated November 14, 2013, #5 Exhibit D - TAIs April 22, 2013 Letter to Ford Globals CEO, #6 Exhibit E - TAIs December 11, 2015 Letter, #7 Exhibit F - October 7, 2014 UGM Agenda and List of Attendees, #8 Exhibit G - Dr. Curran Deposition Testimony, #9 Exhibit H - February 11, 2015 Email from Gregory Phillips) (Sendek, Bruce)
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Filing 54
NOTICE OF HEARING on #51 MOTION to Compel PRODUCTION OF DOCUMENTS AND FOR SANCTIONS PURSUANT TO RULE 37. Resolved/Unresolved Issues due by 1/15/2016. Motion Hearing set for 1/19/2016 at 10:00 AM before Magistrate Judge R. Steven Whalen. (THac)
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Filing 53
REPLY to Response re #48 MOTION for Reconsideration re #47 Order on Motion for Partial Summary Judgment or, In the Alternative, for Certification Pursuant to 28 U.S.C. 1292(b) filed by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Johnson Declaration, #3 Exhibit B - 2006-2007 email exchange, #4 Exhibit C - Incontestability Declaration and Notice of Acceptance and Acknowledgment from the USPTO) (Sendek, Bruce)
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Filing 52
ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: #51 MOTION to Compel PRODUCTION OF DOCUMENTS AND FOR SANCTIONS PURSUANT TO RULE 37 filed by Ford Global Technologies, LLC, Ford Motor Company. Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 51
MOTION to Compel PRODUCTION OF DOCUMENTS AND FOR SANCTIONS PURSUANT TO RULE 37 by All Plaintiffs. (Attachments: #1 Exhibit A - EXA Agreement, #2 Exhibit B - EXA Memorandum of Understanding, #3 Exhibit C - PowerTherm Splash Screens, #4 Exhibit D - Excerpts from Deposition of Dr. Curran, #5 Exhibit E - Excerpts from 2014 TAI ESOP Valuation, #6 Exhibit F - TAI Board Meeting Minutes from April 15, 2015, #7 Exhibit G - Excerpts from Deposition of Cynthia Curry, #8 Exhibit H - Ltr to B Sendek re Discovery Issues and Motion to Compel, #9 Exhibit I - Complete text of discovery requests and responses at issue, #10 Exhibit J - Spreadsheet identifying 152 Categories with Discrepancies, #11 Exhibit K - Ltr from B Sendek re Discovery Issues, #12 Exhibit L - MuSES ITAR License, #13 Exhibit M - RadTherm Version History, #14 Exhibit N - First Amendment to EXA License Agreement, #15 Exhibit O - Excertps from Deposition of Craig Makens) (Phillips, Gregory)
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Filing 50
RESPONSE to #48 MOTION for Reconsideration re #47 Order on Motion for Partial Summary Judgment or, In the Alternative, for Certification Pursuant to 28 U.S.C. 1292(b) filed by All Plaintiffs. (Phillips, Gregory)
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Filing 49
ORDER Requiring Response to #48 Motion for Reconsideration. Response due by 12/9/2015; Reply due by 12/17/2015 Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 48
MOTION for Reconsideration re #47 Order on Motion for Partial Summary Judgment or, In the Alternative, for Certification Pursuant to 28 U.S.C. 1292(b) by Thermoanalytics, Inc.. (Attachments: #1 Exhibit 1 - License Agreement, #2 Exhibit 2 - Johnson Declaration, #3 Exhibit 3 - Miller Declaration, #4 Exhibit 4 - 2006/2007 Email Exchange, #5 Exhibit 5 - End User License Agreements, #6 Exhibit 6 - Excerpt from 10-5-2015 Hearing Transcript, #7 Exhibit 7 - U.S. Copyright Office Circular 14) (McGinty, Brian)
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Filing 47
OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT #25 . Signed by District Judge Gershwin A. Drain. (DPar)
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Minute Entry for proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 10/5/2015 re #25 MOTION for Partial Summary Judgment filed by Ford Global Technologies, LLC, Ford Motor Company Disposition: Taken Under Advisement(Court Reporter Merilyn Jones) (TBan)
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Filing 46
NOTICE by All Plaintiffs re #37 Notice (Other), Reply in Support of Plaintiffs' Objection Under Rule 56(h) of the Federal Rules of Civil Procedure to the Declaration of Keith Johnson (Attachments: #1 Exhibit A - Excerpt from Deposition Transcript of Keith Johnson) (Phillips, Gregory)
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Filing 45
NOTICE of Appearance by Brian E. McGinty on behalf of Thermoanalytics, Inc.. (McGinty, Brian)
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Filing 44
NOTICE of Appearance by Jared Cherry on behalf of All Plaintiffs. (Cherry, Jared)
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Filing 43
NOTICE by Thermoanalytics, Inc. re #37 Notice (Other), Response to Plaintiffs' Objection Under Rule 56(h) of the Federal Rules of Civil Procedure to the Declaration of Keith Johnson (Attachments: #1 Exhibit A - Excerpts from deposition testimony of Keith Johnson) (Sendek, Bruce)
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Filing 42
STIPULATED ORDER RESOLVING #27 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (CCie)
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Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Motion Hearing held on 9/24/2015 re #27 MOTION to Compel Production of Documents filed by Ford Global Technologies, LLC, Ford Motor Company - Disposition: MOTION WAS RESOLVED AND PLACED ON THE RECORD/PARTIES WILL SUBMIT A STIPULATED ORDER TO THE COURT WITHIN 7 DAYS.(Court Reporter Digitally Recorded) (CCie)
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Filing 41
STATEMENT of Resolved and Unresolved Issues Response by Thermoanalytics, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 9/21/15 Email, #3 Exhibit B - 9/22/15 Email (confirmation), #4 Exhibit C - 9/22/15 Email, #5 Exhibit D - Email exchanges on 9/22/15 (objections)) (Sendek, Bruce)
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Filing 40
NOTICE by All Plaintiffs re #31 Notice of Hearing on Motion, List of Unresolved Issued (Phillips, Gregory)
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Filing 39
NOTICE by All Plaintiffs re #31 Notice of Hearing on Motion, To Compel Production of Documents (Phillips, Gregory)
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Filing 38
REPLY to Response re #27 MOTION to Compel Production of Documents filed by All Plaintiffs. (Phillips, Gregory)
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Filing 37
NOTICE by All Plaintiffs OBJECTION UNDER RULE 56(h) OF THE FEDERAL RULES OF CIVIL PROCEDURE TO THE DECLARATION OF KEITH JOHNSON (DKT. NO. 33-2) (Attachments: #1 Exhibit A - Excerpts from SBIR Presentation by Keith Johnson, #2 Exhibit B - Excerpts from Keith Johnson Deposition) (Phillips, Gregory)
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Filing 36
REPLY to Response re #25 MOTION for Partial Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit V - Ltr approving demonstration and evaluation license, #2 Exhibit W - Deposition of Keith Johnson) (Phillips, Gregory)
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Set/Reset Deadlines as to #25 MOTION for Partial Summary Judgment . Motion Hearing reset for 10/5/2015 03:30 PM before District Judge Gershwin A. Drain. TIME CHANGE ONLY. (KWin)
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Filing 35
RESPONSE to #27 MOTION to Compel Production of Documents and Certificate of Service filed by Thermoanalytics, Inc.. (Attachments: #1 Index of Exhibits Index, #2 Exhibit A. License Agreement) (Sendek, Bruce)
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Filing 34
ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Sendek, Bruce)
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Filing 33
RESPONSE to #25 MOTION for Partial Summary Judgment filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Declaration of Keith Johnson, #3 Exhibit 2 - License Agreement dated December 31, 1998, #4 Exhibit 3 - RadTherm Registration Certificate, #5 Exhibit 4 - February 2006 and October 2007 E-Mail, #6 Exhibit 5 - Termination Letter, #7 Exhibit 6 - Software Development Supplemental Terms and Conditions, #8 Exhibit 7 - Declaration of Jeffrey A. Miller, Ph.D, #9 Exhibit 8 - Circular 14, U.S. Copyright Office, #10 Exhibit 9 - Laurie DeJack Deposition Transcript) (Sendek, Bruce)
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Filing 32
STIPULATED ORDER FOR EXTENSTION OF TIME Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 31
NOTICE OF HEARING on #27 Ford's MOTION to Compel Production of Documents. Resolved/Unresolved Issues due by 9/22/2015. Motion Hearing set for 9/24/2015 at 10:00 AM before Magistrate Judge R. Steven Whalen. (THac)
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Set/Reset Scheduling Order Deadlines: Discovery due by 12/15/2015; Dispositive Motion Cut-off set for 3/15/2016; Final Pretrial Conference set for 8/11/2016 10:00 AM before District Judge Gershwin A. Drain; Bench Trial set for 8/30/2016 09:00 AM before District Judge Gershwin A. Drain (TBan)
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Filing 30
AMENDED COMPLAINT filed by All Plaintiffs against All Plaintiffs. NO NEW PARTIES ADDED. (Attachments: #1 Exhibit Exhibit A - License Agreement, #2 Exhibit Exhibit B - ThermoAnalytics _ Our Customers, #3 Exhibit Exhibit C - GTMV98 Paper, #4 Exhibit Exhibit D - Termination Notice, #5 Exhibit Exhibit E - Ltr of 2014-02-28 Ltr to Keith Johnson re Termination, #6 Exhibit Exhibit F - Ltr of 2014-03-04, #7 Exhibit Exhibit G - Ltr of 2014-04-17, #8 Exhibit Exhibit H - ThermoAnalytics Webpage Showing Use of RADTHERM Mark, #9 Exhibit Exhibit I - Development Agreement with TAI 1996-1998, #10 Exhibit Exhibit J - Identical Files in TM Tools Library, #11 Exhibit Exhibit K - Unique Files in TM Tools Library v 4.1.1, #12 Exhibit Exhibit L - Files Modified in TM Tools Library in Versions 3.1.0 and 4.1.1, #13 Exhibit Exhibit M - EULA for RadTherm v 6, #14 Exhibit Exhibit N - First Amendment to License Agreement Signed in 2012, #15 Exhibit Exhibit O - Payment of 40000 after License for Climate Control Features, #16 Exhibit Exhibit P - Payment of 135000 for Development of Stratified Natural Convection) (Phillips, Gregory)
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Filing 29
ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT #19 , DENYING DEFENDANTS EX PARTE MOTION FOR LEAVE TO FILE SUR-REPLY #24 AS MOOT, AND ISSUING FIRST AMENDED SCHEDULING ORDER. Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 28
ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: #27 MOTION to Compel Production of Documents filed by Ford Global Technologies, LLC, Ford Motor Company. Signed by District Judge Gershwin A. Drain. (TBan)
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Filing 27
MOTION to Compel Production of Documents by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - TAI's Responses to Ford's Third Set of Requests for Production, #2 Exhibit Exhibit B - Email re Refusal to Produce Documents, #3 Exhibit Exhibit C - Deposition Transcript of Allen Curran) (Phillips, Gregory)
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Filing 26
NOTICE OF HEARING on #25 MOTION for Partial Summary Judgment . Motion Hearing set for 10/5/2015 10:00 AM before District Judge Gershwin A. Drain (TBan)
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Filing 25
MOTION for Partial Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit A - License Agreement, #2 Exhibit B - Development Agreement with TAI 1996-1998, #3 Exhibit C - Payment by Ford to TAI during the year 2000, #4 Exhibit D - Payments by Ford to TAI during the year 2001, #5 Exhibit E - RadTherm Marketing Plan, #6 Exhibit F - Excerpts from Deposition Transcript of Dr. Allen Curran, #7 Exhibit G - TAIs Home Page from March 3, 2000, #8 Exhibit H - TAIs Our Customers Page from February 28, 2002, #9 Exhibit I - Splash Screens of RadTherm Software versions 5, 9, 10, and 11, #10 Exhibit J - First Amendment to License Agreement, #11 Exhibit K - History of Royalty Payments made by TAI to Ford, #12 Exhibit L - Notice of Termination of License Agreement, #13 Exhibit M - Letter to Keith Johnson re post-termination obligations, #14 Exhibit N - Excerpts from Deposition Transcript of Keith Johnson, #15 Exhibit O - RadTherm Version History, #16 Exhibit P - End User License Agreement for version 6.0 of the RadTherm Software, #17 Exhibit Q - Splash.cpp from Version 6.0 of the RadTherm Software, #18 Exhibit R - TAIs First Request for Production of Documents and Other Things, #19 Exhibit S - TAI's Responses to Ford's Second Set of Request for Production, #20 Exhibit T - TAI's Responses to Ford's First Set of Requests for Admission, #21 Exhibit U - Table Summarizing TAIs Breaches of License Agreement) (Phillips, Gregory)
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Filing 24
Ex Parte MOTION for Leave to File Sur-Reply by Thermoanalytics, Inc.. (Attachments: #1 Exhibit A - Proposed Sur-Reply) (McGinty, Brian)
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Filing 23
REPLY to Response re #19 MOTION to Amend/Correct Complaint filed by All Plaintiffs. (Phillips, Gregory)
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Filing 22
RESPONSE to #19 MOTION to Amend/Correct Complaint filed by Thermoanalytics, Inc.. (McGinty, Brian)
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Filing 21
WITNESS LIST by All Plaintiffs (Phillips, Gregory)
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Filing 20
WITNESS LIST by Thermoanalytics, Inc. (Sendek, Bruce)
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Filing 19
MOTION to Amend/Correct Complaint by All Plaintiffs. (Attachments: #1 Exhibit 1 - Proposed First Amended Complaint, #2 Exhibit 1A - License Agreement, #3 Exhibit 1B - Defendant's "Our Customers" Webpage, #4 Exhibit 1C - GTMV98 Paper, #5 Exhibit 1D - Termination Notice, #6 Exhibit 1E - Ltr Dated February 28, 2014, #7 Exhibit 1F - Ltr Dated March 4, 2014, #8 Exhibit 1G - Ltr Dated April 17, 2014, #9 Exhibit 1H - Defendant's Website Page Showing Use of RADTHERM Mark, #10 Exhibit 1I - Software Development Supplemental Terms and Conditions, #11 Exhibit 1J - Identical Files in TM Tools Library, #12 Exhibit 1K - Unique Files in TM Tools Library v 4.1.1, #13 Exhibit 1L - Files Modified in TM Tools Library in Versions 3.1.0 and 4.1.1, #14 Exhibit 1M - Exhibit M - EULA for RadTherm v 6, #15 Exhibit 1N - First Amendment to License Agreement Signed in 2012, #16 Exhibit 1O - Payment of 40000 After License for Climate Control Features, #17 Exhibit 1P - Payment of 135000 for Development of Stratified Natural Convection, #18 Exhibit 2 - Ltr Seeking Stipulation re Amendment, #19 Exhibit 3 - Email re request to file amended complaint) (Phillips, Gregory)
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Filing 18
NOTICE TO APPEAR: Settlement Conference set for 3/8/2016 at 01:30 PM before Magistrate Judge R. Steven Whalen. (THac)
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Filing 17
PROTECTIVE ORDER Signed by District Judge Gershwin A. Drain. (Bankston, T)
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Filing 16
ORDER REFERRING CASE to Mediation. Final Pretrial Conference set for 4/11/2016 10:00 AM before District Judge Gershwin A. Drain; Bench Trial set for 4/26/2016 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Bankston, T)
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Filing 15
ORDER REFERRING OTHER MATTERS to Magistrate Judge Whalen : Settlement Conference. Signed by District Judge Gershwin A. Drain. (Bankston, T)
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Filing 14
SCHEDULING ORDER: Discovery due by 8/14/2015; Dispositive Motion Cut-off set for 11/15/2015; Final Pretrial Conference set for 4/11/2016 10:00 AM before District Judge Gershwin A. Drain; Bench Trial set for 4/26/2016 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (Bankston, T)
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Minute Entry for proceedings before District Judge Gershwin A. Drain: Scheduling Conference held on 1/27/2015 (Bankston, T)
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Text-Only Order of reassignment from Magistrate Judge Paul J. Komives to to Magistrate Judge R. Steven Whalen pursuant to Administrative Order 15-AO-010. (SSch)
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Filing 13
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Phillips, Gregory) Modified on 1/15/2015 (DWor). [DOCUMENT ENTITLED "REPORT OF THE PARTIES' PLANNING MEETING"]
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Filing 12
NOTICE TO APPEAR: Scheduling Conference set for 1/27/2015 10:00 AM before District Judge Gershwin A. Drain (Bankston, T)
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Filing 11
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Thermoanalytics, Inc. (Sendek, Bruce)
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Filing 10
ANSWER to Complaint with Affirmative Defenses by Thermoanalytics, Inc.. (Sendek, Bruce)
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Filing 9
NOTICE of Appearance by Kara Tertzag Lividini on behalf of Ford Global Technologies, LLC, Ford Motor Company. (Lividini, Kara)
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Filing 8
STIPULATED ORDER to Extend Time to RESPONSE re #1 Complaint, filed by Ford Global Technologies, LLC, Ford Motor Company. Response due by 12/4/2014 Signed by District Judge Gershwin A. Drain. (Bankston, T)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. Thermoanalytics, Inc. served on 10/23/2014, answer due 11/13/2014. (Phillips, Gregory)
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Filing 6
NOTICE of Appearance by Bruce L. Sendek on behalf of Thermoanalytics, Inc.. (Sendek, Bruce)
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Filing 5
ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge David M. Lawson to District Judge Gershwin A. Drain. (SSch)
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Filing 4
SUMMONS Issued for *Thermoanalytics, Inc.* (DWor)
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Filing 3
Trademark Report Sent To Washington (Phillips, Gregory)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DWor)
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Filing 2
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Phillips, Gregory)
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Filing 1
COMPLAINT filed by Ford Motor Company, Ford Global Technologies, LLC against Thermoanalytics, Inc.. Plaintiff requests summons issued. Receipt No: 0645-4861173 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Houghton. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A - License Agreement, #2 Exhibit B - Website Screenshot, #3 Exhibit C - GTMV98 Paper, #4 Exhibit D - Termination Notice, #5 Exhibit E - Letter, #6 Exhibit F - Letter, #7 Exhibit G - Letter, #8 Exhibit H - Website Screenshot) (Phillips, Gregory)
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