Avante International Technology, Inc. v. Premier Election Solutions, Inc., et al
Avante International Technology Corporation |
Sequoia Voting Systems, Premier Election Solutions, Inc. and Election Systems & Software, Inc. |
4:2006cv00978 |
June 26, 2006 |
US District Court for the Eastern District of Missouri |
St. Louis Office |
Thomas C Mummert |
Patent |
35 U.S.C. § 271 |
Both |
Docket Report
This docket was last retrieved on February 10, 2010. A more recent docket listing may be available from PACER.
Document Text |
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ORDER RECEIPT: (see receipt) Docket No: 700. Wed Feb 10 09:56:28 CST 2010 (Berg, Melanie) |
Filing 700 ORDER granting #699 Stipulated Order of Dismissal with Prejudice. Signed by Magistrate Judge Thomas C. Mummert, III on 2/9/10. (KLH) |
Filing 699 NOTICE of Settlement by Avante International Technology Corporation (Smith, Stephen) |
ORDER RECEIPT: (see receipt) Tue Dec 8 10:47:50 CST 2009 (Berg, Melanie) |
Filing 698 ORDER REOPENING CASE Upon motion of the parties and the Court being fully advised of the premises herein: IT IS HEREBY ORDERED: that the summary judgment entered on September 24, 2007 [doc. 301] is hereby VACATED; that the portion of the Markman Order relating to the '730 patent [doc. 276] entered on August 20, 2007 are hereby VACATED; that the summary judgment entered on October 24, 2007 [doc. 314] is hereby VACATED. SO ORDERED by Magistrate Judge Thomas C. Mummert, III. Signed by Magistrate Judge Thomas C. Mummert, III on December 7, 2009. (MCB) |
Filing 697 Minute Entry for proceedings held before Magistrate Judge Thomas C. Mummert, III: Status Conference held on 12/7/2009. (Court Reporter or FTR Gold Operator initials:none.) (MCB) |
Filing 696 ORDERED that the motion for an extension of time to file a notice of appeal in the above-named cause is GRANTED up to and including December 7, 2009. [Doc. #695 ]. Signed by Magistrate Judge Thomas C. Mummert, III on 11/10/09. (KLH) |
ORDER RECEIPT: (see receipt) Tue Nov 10 13:11:58 CST 2009 (Hisaw, Kari) |
Filing 695 Joint MOTION for Extension of Time to File Notice of Appeal ;Extension to file the following: A Notice Of Appeal Pursuant To Fed. R. App. Proc. 4 ;Proposed extension date 12/07/2009 by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 694 Bill of Costs Taxed in amount of $ $51,842.04 in favor of Sequoia Voting Systems and against Avante International Technology, Inc. (MCB) |
Filing 693 Bill of Costs Taxed in amount of $ $58,004.23 in favor of Premier Election Solutions, Inc. and against Avente International Technology, Inc. (MCB) |
Filing 692 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that motion of Avante International Technology, Inc., for amended or additional findings of fact and conclusions of law as to the issue of the obviousness of certain claims in the '944 patent and the '313 patent and the motion for judgment as a matter of law or, alternatively, for a new trial are both DENIED. [Docs. 657, 659] IT IS FURTHER ORDERED that the motion of Premier Election Solutions, Inc., and Sequoia Voting Systems for judgment as a matter of law that the '944 and '313 patentsare unenforceable and their motion for attorney fees are both DENIED. [Docs. 661, 664] IT IS FURTHER ORDERED that the motion of Avante International Technology, Inc., for a hearing is DENIED as moot. [Doc. 675] IT IS FURTHER ORDERED that the Clerk of Court shall tax the following costs in favor of Sequoia Voting Systems and against Avante International Technology, Inc. TOTAL TAXABLE COSTS $51,842.04. IT IS FINALLY ORDERED that the Clerk of Court shall tax the following costs in favor of Premier Election Solutions, Inc., and against Avante International Technology, Inc. TOTAL TAXABLE COSTS $58,004.23.Fees of the clerk $ 300.00Signed by Magistrate Judge Thomas C. Mummert, III on October 7, 2009. (MCB) |
ORDER RECEIPT: (see receipt) Wed Oct 7 14:16:03 CDT 2009 (Berg, Melanie) |
ORDER RECEIPT: (see receipt) Wed Oct 7 15:23:19 CDT 2009 (Berg, Melanie) |
ORDER RECEIPT: (see receipt) Wed Oct 7 15:19:30 CDT 2009 (Berg, Melanie) |
Filing 691 NOTICE of Firm Name Change for SimmonsCooper LLC: by Counter Defendant Avante International Technology Corporation, Plaintiff Avante International Technology Corporation (Pollock, Jo) |
Filing 690 ORDER re #689 MOTION to Sever filed by Avante International Technology Corporation. IT IS HEREBY ORDERED that Plaintiff Avante International Technology, Inc.' s motion to sever in Case No. 4:06cv0978 and to Stay Case No. 4:08cv1367 is DENIED. [Docs. 689 in 4:06cv0978, 51 in 4:08cv1367] Signed by Mag Judge Thomas C. Mummert, III on June 16, 2009. (MCB) |
ORDER RECEIPT: (see receipt) Tue Jun 16 15:21:19 CDT 2009 (Berg, Melanie) |
Filing 689 MOTION to Sever by Plaintiff Avante International Technology Corporation. (Per chambers, this motion should be filed in the lower case as well) (MCB) |
Filing 688 ORDER granting #684 Motion for Extension of Time to File Response/Reply re #664 MOTION for Attorney Fees. Replies due by 5/8/2009. Signed by Mag Judge Thomas C. Mummert, III on 5/11/09. (RJD) |
ORDER RECEIPT: (see receipt) Mon May 11 11:46:36 CDT 2009 (Douglas, Ronald) |
Filing 687 REPLY (to termed motion) re #664 MOTION for Attorney Fees filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Evans, Robert) |
Filing 686 SEALED DOCUMENT re #685 Reply (to termed motion) Exhibit A - Avante's Answers to Sequoia's 3rd Set of Interrogatories by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 685 REPLY re #666 MOTION for Bill of Costs, #667 MOTION for Bill of Costs filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 684 MOTION for Extension of Time to File Response/Reply as to #664 MOTION for Attorney Fees by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 683 MEMORANDUM in Opposition re #664 MOTION for Attorney Fees filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A -Declaration of Kevin Chung, #2 Exhibit B - E-mail from Jennifer Hoekel to Jo Anna Pollock)(Smith, Stephen) |
Filing 682 OBJECTION to #666 Sequoia Voting Systems' Bill of Costs and #667 Premier Election Solutions, Inc.'s Bill of Costs, filed by Plaintiff Avante International Technology Corporation. (Pollock, Jo) Modified text on 4/28/2009 (KLH). |
ORDER RECEIPT: (see receipt) Mon Apr 27 08:24:18 CDT 2009 (Berg, Melanie) |
Filing 681 ORDER granting #680 Motion for Extension of Time to File Response/Reply re #666 MOTION for Bill of Costs, #667 MOTION for Bill of Costs, #664 MOTION for Attorney Fees Responses due by 4/27/2009 Signed by Mag Judge Thomas C. Mummert, III on 04/24/09. (MGB) |
Filing 680 Consent MOTION for Extension of Time to File Response/Reply as to #666 MOTION for Bill of Costs, #667 MOTION for Bill of Costs, #664 MOTION for Attorney Fees by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 679 NOTICE Deposition Videos Played at Trial: by Plaintiff Avante International Technology Corporation, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems (Attachments: #1 Exhibit A - Larry Hyer, #2 Exhibit B - John Hanna, #3 Exhibit C - Stephen Knecht, #4 Exhibit D - Brian Clubb, #5 Exhibit E - Frank Kaplan, #6 Exhibit F - Dr. Kevin Chung, #7 Exhibit G - Luis Diaz, #8 Exhibit H - Mauro Rivero, #9 Exhibit I - Brian Clubb, #10 Exhibit J - Herman Deutsch, #11 Exhibit K - Eric Wall)(Gillette, Sara Weilert) |
Filing 678 REPLY (to termed motion) re #661 MOTION for Judgment as a Matter of Law that the '944 and '313 patents are unenforceable filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 677 MEMORANDUM in Opposition re #675 MOTION for Hearing filed by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 676 ORDER granting #674 Motion for Extension of Time to File Response/Reply. Response(s) due by 4/23/2009. Signed by Mag Judge Thomas C. Mummert, III on 04/17/09. (MGB) |
Filing 675 MOTION for Hearing by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 674 Consent MOTION for Extension of Time to File Response/Reply To Defendants' Motion For A Finding That The Case Is Exceptional Under 35 U.S.C. 285 And For Attorney Fees On Multiple Grounds by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 673 ORDER granting #671 Motion for Leave to File in Excess of Page Limitation Signed by Mag Judge Thomas C. Mummert, III on April 13, 2009. (MCB) |
ORDER RECEIPT: (see receipt) Mon Apr 13 17:24:00 CDT 2009 (Berg, Melanie) |
Filing 672 MEMORANDUM in Opposition re #659 MOTION for Judgment as a Matter of Law Or, In The Alternative, For A New Trial filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit A - Knecht Deposition Tr., #2 Exhibit B - Kaplan Deposition Tr., #3 Exhibit C - Clubb Deposition Tr., #4 Exhibit D - Rivero Deposition Tr.)(Ewald, Peter) Modified on 4/13/2009 to add Premier Election Solutions a filer (MCB). |
Filing 671 Consent MOTION for Leave to File in Excess of Page Limitation by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 670 MEMORANDUM in Opposition re #657 MOTION for Reconsideration For Amended Or Additional Findings And Conclusions As To The Issue Of Obviousness And Reconsideration Of Summary Judgment With Respect To The '730 Patent filed by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit A - Hanna Trial Transcript, #2 Exhibit B - Hyer Trial Transcript)(Hoekel, Jennifer) |
Filing 669 MEMORANDUM in Opposition re #661 MOTION for Judgment as a Matter of Law that the '944 and '313 patents are unenforceable filed by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 668 MEMORANDUM in Support of Motion re #666 MOTION for Bill of Costs, #667 MOTION for Bill of Costs filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 667 MOTION for Bill of Costs by Defendant Premier Election Solutions, Inc.. (Attachments: #1 Exhibit Fees of the Clerk, #2 Exhibit Depositions Taken by Defendants A, #3 Exhibit Depositions Taken by Defendants B, #4 Exhibit Depositions Taken by Defendants C, #5 Exhibit Depositions taken by Plaintiff, #6 Exhibit Court Transcripts, #7 Exhibit Fees for Witnesses, #8 Exhibit Fees for Exemplification and Copies)(Gillette, Sara Weilert) |
Filing 666 MOTION for Bill of Costs by Counter Claimant Sequoia Voting Systems. (Attachments: #1 Exhibit A - Fees of Clerk, #2 Exhibit B - Fees of Court Reporter (Part 1), #3 Exhibit B - Fees of Court Reporter (Part 2), #4 Exhibit B - Fees of Court Reporter (Part 3), #5 Exhibit B - Fees of Court Reporter (Part 4), #6 Exhibit B - Fees of Court Reporter (Part 5), #7 Exhibit C - Fees for Witnesses, #8 Exhibit D - Fees for Exemplification and Copying)(Ewald, Peter) |
Filing 665 MEMORANDUM in Support of Motion re #664 MOTION for Attorney Fees filed by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit 1 - 2/9/07 letter, #2 Exhibit 2 - Bolton deposition, #3 Exhibit 3- Martin Deposition, #4 Exhibit 4 - RFA Definitions, #5 Exhibit 5- RFA Responses, #6 Exhibit 6 - 9/2008 letter)(Evans, Robert) |
Filing 664 MOTION for Attorney Fees by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems. (Evans, Robert) |
Filing 663 TRANSCRIPT proceedings of Markman Hearing held on June 1, 2007 before Judge Mummert. Court Reporter/Transcriber Teri Hopwood, Telephone number (314) 244-7988. 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 it may be obtained through PACER. Redaction Request due 4/22/2009. Redacted Transcript Deadline set for 5/4/2009. Release of Transcript Restriction set for 6/30/2009. (RJD) |
Filing 662 MEMORANDUM in Support of Motion re #661 MOTION for Judgment as a Matter of Law that the '944 and '313 patents are unenforceable filed by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit A - Hyer Deposition Excerpt, #2 Exhibit B - Hanna Deposition Excerpt)(Evans, Robert) |
Filing 661 MOTION for Judgment as a Matter of Law that the '944 and '313 patents are unenforceable by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems. (Evans, Robert) |
Filing 660 MEMORANDUM in Support of Motion re #659 MOTION for Judgment as a Matter of Law Or, In The Alternative, For A New Trial filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Letter from Peter T. Ewald to L. A. Krupnick dated 10-24-08)(Pollock, Jo) |
Filing 659 MOTION for Judgment as a Matter of Law Or, In The Alternative, For A New Trial by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 658 MEMORANDUM in Support of Motion re #657 MOTION for Reconsideration For Amended Or Additional Findings And Conclusions As To The Issue Of Obviousness And Reconsideration Of Summary Judgment With Respect To The '730 Patent filed by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 657 MOTION for Reconsideration For Amended Or Additional Findings And Conclusions As To The Issue Of Obviousness And Reconsideration Of Summary Judgment With Respect To The '730 Patent by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 656 ORDER granting #655 Motion for Extension; Extension date: 4/6/09. Signed by Mag Judge Thomas C. Mummert, III on 3/31/09. (RJD) |
Filing 655 Consent MOTION for Extension of: Time to File Motion for a Finding that the Case is Exceptional Under 35 U.S.C. 285 by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
ORDER RECEIPT: (see receipt) Tue Mar 31 16:22:10 CDT 2009 (Douglas, Ronald) |
Filing 654 ORDER granting #653 Motion to Amend/Correct. (cc: OSU) Signed by Mag Judge Thomas C. Mummert, III on 3/30/09. (RJD) |
ORDER RECEIPT: (see receipt) Mon Mar 30 14:51:51 CDT 2009 (Douglas, Ronald) |
Filing 653 Joint MOTION to Amend/Correct Corporate Name of Plaintiff by Plaintiff Avante International Technology Corporation, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 652 TRANSCRIPT proceedings of Jury Trial held on 2/3/09 before Judge Thomas C. Mummert. Court Reporter/Transcriber S. White, Telephone number 314-244-7966. 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 it may be obtained through PACER. Redaction Request due 4/8/2009. Redacted Transcript Deadline set for 4/20/2009. Release of Transcript Restriction set for 6/16/2009. (KLH) |
Filing 651 JUDGMENT. ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of defendants Premier Election Systems, Inc., and Sequoia Voting Systems and against plaintiff Avante International Technology Corporation on the issues of whether claims 1, 31, 32 and 42 of United States Patent No. 6,892,944 and claims 13, 14, 47 and 48 of United States Patent No. 7,077,313 are obvious and were anticipated by prior art. FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of plaintiff Avante International Technology Corporation and against defendants Premier Election Systems, Inc., and Sequoia Voting Systems on the issue of inequitable conduct. Signed by Mag Judge Thomas C. Mummert, III on 3/17/09. (KLH) |
Filing 650 ORDER, FINDINGS, AND CONCLUSIONS ON THE OBVIOUSNESS OF THE '944 AND '313 PATENTS. For the foregoing reasons, the Court finds that claims 1, 31, 32 and 42 of the '944 patent and claims 13, 14, 47 and 48 of the '313 patent are invalid under 35 U.S.C. 103. Signed by Mag Judge Thomas C. Mummert, III on 3/17/09. (KLH) |
Filing 649 ORDER, FINDINGS, AND CONCLUSIONS ON INEQUITABLE CONDUCT. For the foregoing reasons, the Court finds that Premier Election Systems and Sequoia Voting Systems have failed to show inequitable conduct before the United States Patent and Trademark Office sufficient to declare U.S. Patent Nos. 6,892,944 and 7,077,313 unenforceable. Signed by Mag Judge Thomas C. Mummert, III on 3/17/09. (KLH) |
ORDER RECEIPT: (see receipt) Tue Mar 17 11:35:30 CDT 2009 (Hisaw, Kari) |
ORDER RECEIPT: (see receipt) Tue Mar 17 11:35:37 CDT 2009 (Hisaw, Kari) |
ORDER RECEIPT: (see receipt) Tue Mar 17 13:24:01 CDT 2009 (Hisaw, Kari) |
Filing 648 ORDER granting #647 Transcript Redaction Request. Signed by Mag Judge Thomas C. Mummert, III on 3/12/09. (KLH, request and order forwarded to Court Report S. White) |
Filing 647 Transcript Redaction Request re #639 Transcript,, by attorney Sara Weilert Gillette. (Gillette, Sara Weilert) |
Filing 646 PUBLIC VOUCHER for purchases and services other than personal; Voucher No: 387812 To: Eagles Nest In the amount of: $ 52.50 for Jury Meals (KLH) |
Filing 645 ORDER granting #644 Motion to Withdraw; withdrawing #642 Motion for Judgment as a Matter of Law. Signed by Mag Judge Thomas C. Mummert, III on 2/27/09. (KLH) |
Filing 644 MOTION to Withdraw #642 MOTION for Judgment as a Matter of Law by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 643 ORDER The case was tried before the Court and a jury earlier this month. After the jury returned its verdict on the issues properly before them, a judgment was erroneously entered, seemingly closing the case. Issues remain to be decided by the Court. Accordingly, the Clerk's Judgment filed on February 9, 2009, is hereby WITHDRAWN. #630 Clerk's Judgment is WITHDRAWN. Signed by Mag Judge Thomas C. Mummert, III on February 25, 2009. (MCB) |
ORDER RECEIPT: (see receipt) Wed Feb 25 15:12:16 CST 2009 (Berg, Melanie) |
Filing 642 MOTION FOR JUDGMENT AS A MATTER OF LAW, OR, IN THE ALTERNATIVE, FOR A NEW TRIAL by Plaintiff Avante International Technology Corporation. (Lesko, Paul) Modified on 2/25/2009 (MCB). |
Filing 641 TRANSCRIPT (VOLUME VI) proceedings of Jury Trial held on February 9, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Shannon White, Telephone number 314-244-7966. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 640 TRANSCRIPT (VOLUME IV-A) proceedings of Jury Trial held on February 5, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Shannon White, Telephone number 314-244-7966. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 639 ORIGINAL TRANSCRIPT (VOLUME II-A) proceedings of Jury Trial held on February 3, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Shannon White, Telephone number 314-244-7966. (KLH) Modified for redaction on 3/18/2009 (KCM). |
Filing 638 TRANSCRIPT (VOLUME V-A) proceedings of Jury Trial held on February 6, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Christine Simpson, Telephone number 314-244-7989. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 637 TRANSCRIPT (VOLUME III-B) proceedings of Jury Trial held on February 4, 2009 before Judge Thomas. C. Mummert, III. Court Reporter/Transcriber Christine Simpson, Telephone number 314-244-7989. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 636 TRANSCRIPT (VOLUME II-B) proceedings of Jury Trial held on February 3, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Christine Simpson, Telephone number 314-244-7989. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 635 TRANSCRIPT (VOLUME V-B) proceedings of Jury Trial held on February 6, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Susan Moran, Telephone number 314-244-7983. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 634 TRANSCRIPT (VOLUME IV-B) proceedings of Jury Trial held on February 5, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Susan Moran, Telephone number 314-244-7983. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 633 TRANSCRIPT (VOLUME III-A) proceedings of Jury Trial held on February 4, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Susan Moran, Telephone number 314-244-7983. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 632 TRANSCRIPT (VOLUME I) proceedings of Jury Trial held on February 2, 2009 before Judge Thomas C. Mummert, III. Court Reporter/Transcriber Susan Moran, Telephone number 314-244-7983. 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 it may be obtained through PACER. Redaction Request due 3/11/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/19/2009. (KLH) |
Filing 618 Proposed Findings of Fact by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Ewald, Peter) |
Filing 617 MEMORANDUM Plaintiff Avante International Technology Corp.'s Proposed Findings Of Fact And Conclusions Of Law Concerning Nonobviousness by Plaintiff Avante International Technology Corporation. (Attachments: #1 Plaintiff's Avante International Technology Corp.'s Proposed Findings Of Fact And Conclusions Of Law Concerning Nonobviousness)(Lesko, Paul) |
Filing 616 MEMORANDUM Plaintiff Avante International Technology Corp.'s Proposed Findings Of Fact And Conclusions Of Law That There Was No Inequitable Conduct by Plaintiff Avante International Technology Corporation. (Attachments: #1 Avante's Proposed Findings of Fact and Conclusions of Law That There was no Inequitable Conduct)(Lesko, Paul) |
Filing 615 Proposed Findings of Fact by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
ORDER RECEIPT: (see receipt) Wed Feb 11 14:34:46 CST 2009 (Kirkland, Beth) |
Filing 630 CLERK'S JUDGMENT in favor of Premier Election Solutions, Inc., Sequoia Voting Systems against Avante International Technology Corporation (BAK)- CLERK'S JUDGMENT IS WITHDRAWN PER ORDER DATED FEBRUARY 25, 2009 #643 . Modified on 2/25/2009 (MCB). |
Filing 629 JURY VERDICT For: Premier Election Solutions, Inc. & Sequoia Voting Systems Against: Avante International Technology Corp.. (BAK) |
Filing 628 Jury Notes Filed. (BAK) |
Filing 627 ORDER for Payment of Jury Meal. Signed by Mag Judge Thomas C. Mummert, III on 2/9/09. (BAK) |
Filing 626 Deposition Receipt. (BAK) |
Filing 625 Exhibit Receipt. (BAK) |
Filing 624 Exhibit List. (BAK) |
Filing 623 Witness List. (BAK) |
Filing 622 Jury's copy of Jury Instructions filed. (BAK) |
Filing 621 Agreed Preliminary Jury Instructions filed. (BAK) |
Filing 620 Avante's refused Jury Instructions.(BAK) |
Filing 619 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Jury Trial DAY SIX - Verdict returned. See judgment. Jury Trial completed on 2/9/2009 ; Motions for Judgment as a Matter of Law at close of case #609 , #610 , #611 are denied on the record. (Court Reporter or FTR Gold Operator initials: Shannon White.) (FTR Gold yes or no: no.) (BAK) Modified on 2/12/2009 (BAK). |
Filing 613 MEMORANDUM re #575 MOTION in Limine to Exclude the Prosecution History files of Patents Not In Suit Written Offer Of Proof by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 612 Exhibit List Defendants' Supplemental Trial Exhibit List by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems.. (Hoekel, Jennifer) |
Filing 611 MOTION for Judgment as a Matter of Law that the asserted claims are invalid as anticipated by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 610 MOTION for Judgment as a Matter of Law that the asserted claims are obvious by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 609 MOTION for Judgment as a Matter of Law that the '944 and '313 patents are unenforceable by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 614 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Jury Trial resumed but not concluded 2/6/2009 ; day FIVE. Plaintiff's evidence resumed and concluded. Defendant's evidence in rebuttal commenced and concluded. Proceedings to continue 2/9/09 at 9:00 am (Court Reporter or FTR Gold Operator initials:Chris Simpson/Sue Moran.) (FTR Gold yes or no: no.) (BAK) |
ORDER denying #605 Motion for Judgment as a Matter of Law (Ruling made on the record this date) Signed by Mag Judge Thomas C. Mummert, III on 2/5/09. (BAK) |
Filing 608 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Jury Trial resumed but not concluded 2/5/2009 ; day 4. Plaintiffs commenced but not concluded. Defendants evidence resumed and concluded. Oral Motion for Directed Verdict at Close of Defendant's Case made by Plaintiff. Proceedings continued to 2/6/09 at 9:00 AM in Courtroom 13-N before Judge Thomas C. Mummert, III. (Court Reporter or FTR Gold Operator initials: S. White/S. Moran.) (FTR Gold yes or no: no.) (KLH) |
Filing 605 MOTION for Judgment as a Matter of Law by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 631 Avante's refused Jury Instruction(KLH) |
Filing 607 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Jury Trial resumed but not concluded 2/4/2009; day 3. Defendant(s) evidence resumed but not concluded. (Court Reporter or FTR Gold Operator initials:S. Moran/C. Simpson.) (FTR Gold yes or no: yes.) (RJD) |
Filing 606 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Jury Trial resumed but not concluded 2/3/2009; day 2. Defendant(s) evidence resumed but not concluded. (Court Reporter or FTR Gold Operator initials:S. White/C. Simpson.) (FTR Gold yes or no: yes.) (RJD) |
Filing 604 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Jury Trial held on 2/2/2009 ; day 1. Jury impaneled and sworn. Opening statemetns of Plaintiff and Defendants. Defendants evidence commenced but not concluded. (Court Reporter or FTR Gold Operator initials: S. Moran.) (FTR Gold yes or no: no.) (KLH) |
Filing 603 ORDER granting #601 Motion for Leave to Appear Pro Hac Vice E. Brian Alexander. Signed by Mag Judge Thomas C. Mummert, III on 2/2/09. (KLH, Added E. Brian Alexander for Sequoia Voting Systems) |
ORDER RECEIPT: (see receipt) Mon Feb 2 13:56:52 CST 2009 (Hisaw, Kari) |
Filing 602 Proposed Jury Instructions by Plaintiff Avante International Technology Corporation, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 601 MOTION for Leave to Appear Pro Hac Vice Edward Brian Alexander (Filing fee $100) by Counter Claimant Sequoia Voting Systems, and Defendant Sequoia Voting Systems. (RJD) |
Receipt 4644005294 in the amount of $100.00 for PRO HAC VICE on behalf of Edward Brian Alexander (CCAM) |
Filing 600 Minute Order. Proceedings held before Mag Judge Thomas C. Mummert, III: denying as moot #568 Motion in Limine; granting in part and denying in part #569 Motion in Limine; denying #570 Motion in Limine; granting in part and denying in part #571 Motion in Limine; denying #572 Motion in Limine; denying as moot #573 Motion in Limine; granting #574 Motion in Limine; taken under submission #575 ; granting in part as to Iredale and withdrawn as to Reeves #598 Motion to Compel; Final Pretrial Conference held on 1/29/2009. (Court Reporter M. Berg.) (MCB) |
Filing 599 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Final Pretrial Conference held on 1/29/2009. (MCB) |
Filing 598 MOTION to Compel Talbot Iredale And Nancy Reeves To Testify At Trial by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Excerpt of Talbot Iredale's Deposition dated 6-27-07, #2 Exhibit B - Premier Election Solutions Inc.'s Supplemental Responses To Avante's Interrogatories dated 9-11-08, #3 Exhibit C - Correspondence to Jennifer Hoekel to Paul Lesko dated 1-26-09, #4 Exhibit D - Email to Paul Lesko from Jennifer Hoekel dated 1-27-09, #5 Exhibit E - Excerpt of Frank Kaplan's Deposition dated 11-12-08, #6 Exhibit F - USPTO Patent Application Information Retrieval Regarding US Application No. 11820787)(Lesko, Paul) |
Filing 597 RESPONSE in Opposition re #571 MOTION in Limine To Exclude Certain Testimony By Defendants Expert Witnesses filed by Counter Claimants Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Ewald, Peter) |
Filing 596 ORDER granting #589 Motion for Extension of Time to File Response/Reply re #571 MOTION in Limine To Exclude Certain Testimony By Defendants Expert Witnesses. Response due by 1/26/2009. Signed by Mag Judge Thomas C. Mummert, III on 1/26/09. (RJD) |
Filing 595 ORDER granting #588 Motion for Leave to Appear Pro Hac Vice William Albert Kohlburn. Added William A. Kohlburn for Avante International Technology Corporation. Signed by Mag Judge Thomas C. Mummert, III on 1/26/09. (RJD) |
Filing 594 ORDER granting #586 Motion for Leave to File Supplemental Interrogatory Designations Intended to be Used at Trial. Signed by Mag Judge Thomas C. Mummert, III on 1/26/09. (RJD) |
Receipt 4644005208 in the amount of $100.00 for PRO HAC VICE on behalf of WILLIAM ALBERT KOHLBURN (CCAM) |
Filing 593 MEMORANDUM in Opposition re #570 MOTION in Limine Motion and Memorandum in Support Of Its Motion In Limine To Exclude Altered High Speed Central Count filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit Brian Clubb Deposition Excerpts, #2 Exhibit High Speed Central Count Client User's Guide)(Gillette, Sara Weilert) |
Filing 592 MEMORANDUM in Opposition re #569 MOTION in Limine To Exclude References To Withdrawn Or Subjective Infringement Assertions As Indications Of Invalidity filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hoekel, Jennifer) |
Filing 591 MEMORANDUM in Opposition re #574 MOTION in Limine To Exclude Reference Before The Jury To Any Statement, Finding, Or Ruling In The Court's Summary Judgment Orders filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 590 MEMORANDUM in Opposition re #568 MOTION in Limine to Prevent Testimony Insinuating that the Patent Office and/or Patent Examiners Do Not Perform their Job Properly filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 589 Consent MOTION for Extension of Time to File Response/Reply as to #571 MOTION in Limine To Exclude Certain Testimony By Defendants Expert Witnesses by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 588 MOTION for Leave to Appear Pro Hac Vice William Albert Kohlburn (Filing fee $100) by Plaintiff Avante International Technology Corporation. (RJD) |
Filing 587 Proposed Jury Instructions by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 586 MOTION for Leave to File Its Supplemental Interrogatory Designations Intended To Be Used At Trial by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 585 OBJECTION to Pretrial Plaintiff's Exhibit List by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 584 Proposed Jury Instructions by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 583 Deposition Designations by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems.. (Hoekel, Jennifer) |
Filing 582 OBJECTION to Pretrial Plaintiff's Interrogatory Designations by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 581 MEMORANDUM Plaintiff's Objections And Counter-Designations To Defendant's Deposition Designations by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 580 MEMORANDUM in Opposition re #575 MOTION in Limine to Exclude the Prosecution History files of Patents Not In Suit filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - United States Patent And Trademark Office Application No. 11487886 Filed 7-17-2006, #2 Exhibit B - Notice of Allowance And Fee(s) Due Dated 9-28-07, #3 Exhibit Group C - Notices of Allowance and Fee(s) Due, #4 Exhibit D - Comparison of Avante's 313 Patent Claims to the Claims of Patent Application 11487886, #5 Exhibit E - Kemin Foods, LLC v. Pigmentos Vegetales Del Centro S.A. De C.V. Defendant Case No. 402-cv-40327 Dated 9-92004)(Pollock, Jo) |
Filing 579 MEMORANDUM in Opposition re #572 MOTION in Limine regarding Plaintiffs Trial Exhibit 4 filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Letter from Ralph Jocke to Judy Downing Regarding Copyright Infringement Dated October 9, 2003, #2 Exhibit B- Memorandum In Support of Defendants' Motion For Summary Judgment Case No. 03-4913JF, #3 Exhibit C - Declaration Of B. Scott Harroff In Support Of Defendants' Motion For Protective Order Case No. 03-4913JF, #4 Exhibit D - Declaration Of Cindy Ann Cohn, #5 Exhibit E - Videotaped Deposition of Scott Angelo taken on November 11, 2008, #6 Exhibit F - Deposition of Stephen E. Knecht taken on December 4, 2007, #7 Exhibit G - Videotaped Deposition of Brian C. Clubb taken on January 21, 2008, #8 Exhibit H - Excerpts of Talbot Iredale's Deposition taken on June 27, 2007)(Lesko, Paul) |
Filing 578 MEMORANDUM in Opposition re #573 MOTION in Limine to Exclude Evidence and Testimony Related to the Declaration of Defendants Expert Dr. Shamos in an Unrelated Matter filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 577 MEMORANDUM Avante's Objections To Defendant's Interrogatories by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 576 MEMORANDUM Plaintiff's Objections To Defendants' Trial Exhibit List by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 575 MOTION in Limine to Exclude the Prosecution History files of Patents Not In Suit by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 574 MOTION in Limine To Exclude Reference Before The Jury To Any Statement, Finding, Or Ruling In The Court's Summary Judgment Orders by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Videotaped Deposition of Kevin Chung Volume IV dated 9-9-08, #2 Exhibit B - E-mail from Jennifer Hoekel to Paul Lesko dated 8-5-08)(Lesko, Paul) |
Filing 573 MOTION in Limine to Exclude Evidence and Testimony Related to the Declaration of Defendants Expert Dr. Shamos in an Unrelated Matter by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hoekel, Jennifer) |
Filing 572 MOTION in Limine regarding Plaintiffs Trial Exhibit 4 by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 571 MOTION in Limine To Exclude Certain Testimony By Defendants Expert Witnesses by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Part 1 - Reports of Expert Michael I. Shamos Concerning Inequitable Conduct and Invalidity, #2 Exhibit A - Part 2 - Reports of Expert Michael I. Shamos Concerning Inequitable Conduct and Invalidity, #3 Exhibit B - Report of Peter G. Martin dated 9-9-08, #4 Exhibit C - Videotaped Deposition of Michael I. Shamos dated 9-29-08, #5 Exhibit D - Videotaped Deposition Peter Martin dated 9-22-08, #6 Exhibit E - Letter from Jennifer Hoekel to Paul Lesko Regarding 35 USC 282 dated 1-3-09, #7 Exhibit F - Report of J. Michael Thesz Pursuant to Rule 26, Federal Rule of Civil Procedure, #8 Exhibit G - Videotaped Deposition of J. Michael Thesz dated 9-19-08)(Pollock, Jo) |
Filing 570 MOTION in Limine Motion and Memorandum in Support Of Its Motion In Limine To Exclude Altered High Speed Central Count by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Videotaped Deposition of Brian C. Clubb, #2 Exhibit B - Videotaped Deposition of Peter Martin dated 11-27-07, #3 Exhibit C - Videotaped Deposition of Peter Martin dated 9-22-08)(Lesko, Paul) |
Filing 569 MOTION in Limine To Exclude References To Withdrawn Or Subjective Infringement Assertions As Indications Of Invalidity by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 568 MOTION in Limine to Prevent Testimony Insinuating that the Patent Office and/or Patent Examiners Do Not Perform their Job Properly by Plaintiff Avante International Technology Corporation. (Pollock, Jo) Modified text on 1/15/2009 (KLH). |
Filing 567 Exhibit List by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems.. (Hoekel, Jennifer) |
Filing 566 Deposition Designations by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems.. (Hoekel, Jennifer) |
Filing 565 TRIAL BRIEF by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 564 Interrogatory Answer List by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 563 Witness List by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 562 Stipulation of Uncontested Facts by Plaintiff Avante International Technology Corporation, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 561 TRIAL BRIEF by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 560 Exhibit List by Plaintiff Avante International Technology Corporation.. (Pollock, Jo) |
Filing 559 Witness List by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 558 Deposition Designations by Plaintiff Avante International Technology Corporation.. (Pollock, Jo) |
Filing 557 ORDER granting #556 Motion for Extension of Time to File : Motions in Limine ;Extension date: 1/14/09 Motion in Limine due by 1/14/2009. Signed by Mag Judge Thomas C. Mummert, III on 1/9/09. (BAK) |
Filing 556 MOTION for Extension of Time to File ;Extension to file the following: Motions in Limine ;Proposed extension date 1/14/2009 by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 555 ORDER denying #543 Motion in Limine. Signed by Mag Judge Thomas C. Mummert, III on 12/23/08. (KLH) |
Filing 554 ORDER denying #528 Motion to Compel. Signed by Mag Judge Thomas C. Mummert, III on 12/23/08. (KLH) |
Filing 553 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Motion Hearing held on 12/22/2008. (KLH) |
Filing 552 MEMORANDUM in Opposition re #543 MOTION in Limine to exclude Plaintiff's arguing additional claim limitations filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Expert Report of Jaswinder Pal Singh, #2 Exhibit B - Excerpts of the Deposition of Jaswinder Pal Singh taken on December 2, 2007, #3 Exhibit C - Excerpts of the Deposition of Michael I. Shamos taken on November 29, 2007)(Lesko, Paul) |
Filing 551 ORDER denying as moot #518 Motion for Extension of Time to Complete Discovery Signed by Mag Judge Thomas C. Mummert, III on December 18, 2008. (MCB) |
Filing 550 REPLY to Response to Motion re #528 MOTION to Compel PLAINTIFF TO PRODUCE SETTLEMENT AGREEMENT filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 549 ENTRY of Appearance by Sarah S. Burns for Plaintiff Avante International Technology Corporation. (Burns, Sarah) |
Filing 548 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Exclude John D. Bakker's Testimony is GRANTED in part and DENIED in part as set forth above #504 . Signed by Mag Judge Thomas C. Mummert, III on 12/10/08. (BAK) |
Filing 547 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Exclude Testimony of Plaintiff's Patent Law Expert Gregory Upchurch, Esq. is DENIED #498 . Signed by Mag Judge Thomas C. Mummert, III on 12/10/08. (BAK) |
Filing 546 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Exclude Dr. Michael I. Shamos's Testimony on Inequitable Conduct Issues is GRANTED in part and DENIED in part as set forth above. [Doc. 500] IT IS FURTHER ORDERED that Plaintiff's Motion to Exclude J. Michael Thesz' Testimony on Inequitable Conduct Issues and Motion to Exclude Dr. Shamos's Testimony on Invalidity Issues are each DENIED. [Docs. 497, 502]. Signed by Mag Judge Thomas C. Mummert, III on 12/10/08. (BAK) |
Filing 545 NOTICE by Plaintiff Avante International Technology Corporation re #527 Reply (to termed motion) (Attachments: #1 Exhibit A - Deposition Transcript of Luis Diaz, #2 Exhibit B - Deposition Transcript of Mauro Rivero)(Pollock, Jo) |
Filing 544 MEMORANDUM in Support of Motion re #543 MOTION in Limine to exclude Plaintiff's arguing additional claim limitations filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit A)(Hoekel, Jennifer) |
Filing 543 MOTION in Limine to exclude Plaintiff's arguing additional claim limitations by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 542 ORDER granting #541 Motion to Withdraw as Attorney. Attorneys Patricia A. Walker, Ralph E. Jocke and Nancy L. Reeves terminated. Signed by Mag Judge Thomas C. Mummert, III on 12/8/08. (RJD) |
Filing 541 MOTION to Withdraw as Attorney ;attorney/firm Walker & Jocke, LPA by Defendant Premier Election Solutions, Inc.. (Walker, Patricia) |
Filing 540 RESPONSE in Opposition re #528 MOTION to Compel PLAINTIFF TO PRODUCE SETTLEMENT AGREEMENT filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Email from Jennifer Hoekel to Paul Lesko regarding deposition of Premier's Financial Witness, #2 Exhibit B - Defendant Sequoia's Amended Notice of Deposition Pursuant To Fed. R. Civ. P. 30b6)(Lesko, Paul) |
Filing 539 SCHEDULING ORDER: #528 MOTION to Compel PLAINTIFF TO PRODUCE SETTLEMENT AGREEMENT filed by Sequoia Voting Systems, Premier Election Solutions, Inc. Motion Hearing set for 12/22/2008 10:30 AM in Chambers before Mag Judge Thomas C. Mummert III. Signed by Mag Judge Thomas C. Mummert, III on 12/1/08. (BAK) |
Filing 538 ORDER denying #519 Motion for Leave to serve a supplemental report from Defts' expert Michael I. Shamos, Ph.D.J.D. Signed by Mag Judge Thomas C. Mummert, III on December 1, 2008. (MCB) |
Filing 537 ORDER granting in part and denying in part #513 Motion to Quash, or in the alternative, motion for protective order. Defts shall have 7 hours, per Federal Rule, to depose Dr. Chung, both individually and/or as a 30(b)(6) deponent on any topic. Signed by Mag Judge Thomas C. Mummert, III on December 1, 2008. (MCB) |
Filing 536 Minute Entry for proceedings held before Mag Judge Thomas C. Mummert, III: Motion Hearing held on 11/26/2008 re #513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective Order filed by Avante International Technology Corporation. (Court Reporter or FTR Gold Operator initials:n/a.) (MCB) |
Filing 535 ORDER granting #522 Consent MOTION for Extension of Time to File Response/Reply as to #513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective OrderConsent MOTION for Extension of Time to File Response/Reply as to #513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective Order. Responses due by 11/24/2008. Signed by Mag Judge Thomas C. Mummert, III on 11/25/08. (RJD) |
Filing 534 SEALED DOCUMENT re #533 Memorandum in Opposition to Motion,, Exhibit E, Select Pages March 2007 Avante 30(b)(6) Deposition Transcript by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 533 MEMORANDUM in Opposition re #513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective Order filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 August 8, 2008 30(b)(6) Dep. Notice, #2 Avante August 15 Letter, #3 August 21 Letter and Dep. Notice, #4 Sequoia October 29 Letter, #5 Select Pages March 2007 30(b)(6) Dep. (Filed Under Seal), #6 Select Pages April 2007 Berard Dep.)(Ewald, Peter) |
Filing 532 RESPONSE in Opposition re #519 MOTION for Leave to Serve Supplemental Expert Report filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Exhibit 1 Materials Considered, #2 Exhibit B - Report Of Defendants' Expert Michael I. Shamos, Ph.D.,J.D - Concerning Invalidity.)(Smith, Stephen) |
Filing 531 RESPONSE to Motion re #518 MOTION for Extension of Time to Complete Discovery for the Limited Purpose of Taking Plaintiff's Deposition filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Letter from Stephen Smith to Emerson Briggs Providing Availability During Last Half Of May 2008, #2 Exhibit B - Letter from Peter Ewald to Stephen Smith Cancelling Dr. Chung's September 25th Deposition, #3 Exhibit C - Letter from Stephen Smith to Peter Ewald Regarding 30b6 Objections, #4 Exhibit D - Email from Stephen Smith to Peter Ewald Regarding Unopposed Motion)(Smith, Stephen) |
Filing 530 ORDER granting #521 Motion for Extension of Time to File Response/Reply re #521 Consent MOTION for Extension of Time to File Response/Reply IN SUPPORT OF DEFENDANTS' MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S PATENT LAW EXPERT GREGORY UPCHURCH, ESQ. Replies due by 11/21/2008. Signed by Mag Judge Thomas C. Mummert, III on 11/21/08. (RJD) |
Filing 529 MEMORANDUM in Support of Motion re #528 MOTION to Compel PLAINTIFF TO PRODUCE SETTLEMENT AGREEMENT filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoekel, Jennifer) |
Filing 528 MOTION to Compel PLAINTIFF TO PRODUCE SETTLEMENT AGREEMENT by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Hoekel, Jennifer) |
Filing 527 REPLY (to termed motion) re #504 MOTION to Exclude JOHN D. BAKKER'S TESTIMONY filed by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 526 REPLY (to termed motion) re #498 MOTION to Exclude Testimony of Plaintiff's Patent Law Expert Gregory Upchurch, Esq. filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit Select Pages From Upchurch Deposition Transcript)(Whitehair, J.) |
Filing 525 REPLY (to termed motion) re #502 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Invalidity Issues filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Excerpts Of The 2nd Deposition Of Michael I. Shamos Taken On September 29, 2008 - Shamos Invalidity, #2 Exhibit B - Excerpts Of The 1st Deposition Of Jaswinder Pal Singh Taken On December 2, 2007 - Shamos Invalidity Issues)(Lesko, Paul) |
Filing 524 REPLY (to termed motion) re #497 MOTION to Exclude J. Michael Thesz' Testimony on Inequitable Conduct Issues filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Excerpts Of The Deposition Of J. Michael Thesz Taken On September 19, 2008 - Thesz Inequitable Conduct Issues, #2 Exhibit B - Excerpts Of The 2nd Deposition of Michael I. Shamos Taken On September 29, 2008 - Thesz Inequitable Conduct Issues)(Lesko, Paul) |
Filing 523 REPLY (to termed motion) re #500 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Inequitable Conduct Issues filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A -Excerpts Of The 2nd Deposition Of Michael I. Shamos Taken On Sept. 29, 2008 - Shamos Inequitable Conduct Issues, #2 Exhibit B - Excerpts Of The Deposition Of J. Michael Thesz Taken On Sept. 19, 2008)(Lesko, Paul) |
Filing 522 Consent MOTION for Extension of Time to File Response/Reply as to #513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective Order by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 521 Consent MOTION for Extension of Time to File Response/Reply IN SUPPORT OF DEFENDANTS' MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S PATENT LAW EXPERT GREGORY UPCHURCH, ESQ. by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 520 SCHEDULING ORDER: Motion Hearing re #513 Plaintiff's Motion To Quash Defendants' Notice of Deposition Or, In The Alternative, Motion For A Protective Order set for 11/26/2008 10:30 AM In Chambers before Mag Judge Thomas C. Mummert III. Signed by Mag Judge Thomas C. Mummert, III on 11/17/08. (KLH) |
Filing 519 MOTION for Leave to Serve Supplemental Expert Report by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Defendants' Supplemental Expert Report, #2 Exhibit to Defs' Supplemental Expert Report)(Ewald, Peter) |
Filing 518 MOTION for Extension of Time to Complete Discovery for the Limited Purpose of Taking Plaintiff's Deposition by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 517 ORDER granting #516 Motion for Extension of Time to File Response/Reply re #502 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Invalidity Issues, #500 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Inequitable Conduct Issues, #504 MOTION to Exclude JOHN D. BAKKER'S TESTIMONY Replies due by 11/21/2008. Signed by Mag Judge Thomas C. Mummert, III on 11/13/08. (BAK) |
Filing 516 MOTION for Extension of Time to File Response/Reply as to #511 Memorandum in Opposition to Motion, #510 Memorandum in Opposition to Motion, #512 Memorandum in Opposition to Motion, #509 Memorandum in Opposition to Motion by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 515 MEMORANDUM in Support of Motion re #513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective Order filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Declaration of Dr. Kevin Chung, #2 Exhibit B - Revised Notice of 30(b)(6) Deposition, #3 Exhibit C - (Filed Under Seal) Kevin Chung Deposition Vol. I, II, III, #4 Exhibit D - Amended Notice of 30(b)(6) Deposition, #5 Exhibit E - Email from J. Hoekel)(Smith, Stephen) |
Filing 514 SEALED DOCUMENT Notice of Exhibit Filing Under Seal (Exhibit C to Avante's Memorandum in Support of its Motion to Quash or, in the Alternative, Motion for Protective Order by Plaintiff Avante International Technology Corporation. (Attachments: #1 Cover Page, #2 Exhibit C (Part 1) - Kevin Chung Deposition Vol I (1 of 2), #3 Exhibit C (Part 2) - Kevin Chung Deposition, Vol I (2 of 2), #4 Exhibit C (Part 3) - Kevin Chung Deposition, Vol. II, #5 Exhibit C (Part 4) - Kevin Chung Deposition, Vol. II)(Smith, Stephen) |
Filing 513 MOTION to Quash Defendants' Notice of Deposition or, in the Alternative, Motion for Protective Order by Plaintiff Avante International Technology Corporation. (Smith, Stephen) |
Filing 512 MEMORANDUM in Opposition re #502 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Invalidity Issues filed by Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whitehair, J.) |
Filing 511 MEMORANDUM in Opposition re #500 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Inequitable Conduct Issues filed by Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit A)(Whitehair, J.) |
Filing 510 MEMORANDUM in Opposition re #497 MOTION to Exclude J. Michael Thesz' Testimony on Inequitable Conduct Issues filed by Defendant Sequoia Voting Systems. (Whitehair, J.) |
Filing 509 MEMORANDUM in Opposition re #504 MOTION to Exclude JOHN D. BAKKER'S TESTIMONY filed by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 508 MEMORANDUM in Opposition re #498 MOTION to Exclude Testimony of Plaintiff's Patent Law Expert Gregory Upchurch, Esq. filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A -ASi v. MEMC's Courtroom Minute Sheet Case No. 406cv951-CDP, #2 Exhibit B - ASi v. MEMC Stipulation Of Dismissal Case No. 406cv951CDP, #3 Exhibit C - Expert Report of Gregory E. Upchurch dated 10-3-08, #4 Exhibit D - Excerpts of Gregory E. Upchurch's Depo dated 10-15-08, #5 Exhibit E - Excerpts of Michael I. Shamos 2nd Depo dated 9-29-08, #6 Exhibit F- Excerpts of Michael I. Shamos 1st Depo dated 11-29-07, #7 Exhibit G - ASi v. MEMC Case No 406cv951CDP Plaintiff's Memorandum In Opposition To Defendants' Motion In Limine To Preclude Testimony of Gregory Upchurch dated 1-10-08, #8 Exhibit H - Manual of Patent Examining Procedure Eighth Ed. Aug. 01 Latest Revision July 08 706.02(b), #9 Exhibit I - Manual of Patent Examining Procedure Eighth Ed. Aug. 01 Latest Revision July 08 706.02(m))(Lesko, Paul) |
Filing 507 ORDER granting #506 Motion for Extension of Time to File Response/Reply to Daubert Motions. Signed by Mag Judge Thomas C. Mummert, III on 11/7/08. (KLH) |
Filing 506 Joint MOTION for Extension of Time to File Response/Reply to Daubert Motions by Plaintiff Avante International Technology Corporation, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 505 MEMORANDUM in Support of Motion re #504 MOTION to Exclude JOHN D. BAKKER'S TESTIMONY filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Written Report of John D. Bakker, #2 Exhibit B - Part 1 - Deposition of John D. Bakker, #3 Exhibit B - Part 2 - Deposition of John D. Bakker, #4 Exhibit C - Global Election Systems, #5 Exhibit D - Deposition of Brian C. Clubb Taken on January 21, 2008, #6 Exhibit E - Part 1 - Proposition 218 Implementation Guide 2007 ed., #7 Exhibit E, Part 2 - Proposition 218 Implementation Guide 2007 ed., #8 Exhibit E, Part 3 - Proposition 218 Implementation Guide 2007 ed., #9 Exhibit F - Written Report of John D. Bakker)(Lesko, Paul) (Additional attachment(s) added on 10/28/2008: #10 Memorandum) (BAK). |
Filing 504 MOTION to Exclude JOHN D. BAKKER'S TESTIMONY by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 503 MEMORANDUM in Support of Motion re #502 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Invalidity Issues filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Report of Defendants' Expert Michael I. Shamos, Ph.D., J.D. - Concerning Invalidity, #2 Exhibit B - Deposition of Michael I. Shamos, Ph.D., taken on Sept. 29, 2008 - Concerning Invalidity, #3 Exhibit C - Deposition of Michael I. Shamos, Ph.D. taken on November 29, 2007 - Concerning Invalidity, #4 Exhibit D - Declaration of Plaintiffs' Expert Michael I. Shamos, Ph.D. - Concerning Invalidity)(Lesko, Paul) |
Filing 502 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Invalidity Issues by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 501 MEMORANDUM in Support of Motion re #500 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Inequitable Conduct Issues filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Report of Defendants' Expert Michael I. Shamos, Ph.D., J.D. - Concerning Inequitable Conduct, #2 Exhibit B - Deposition of J. Michael Thesz taken on Sept. 19, 2008- Concerning Inequitable Conduct, #3 Exhibit C - Deposition of Michael I. Shamos, Ph.D. taken on Sept. 29, 2008 - Concerning Inequitable Conduct)(Lesko, Paul) |
Filing 500 MOTION to Exclude Dr. Michael I. Shamos' Testimony On Inequitable Conduct Issues by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 499 MEMORANDUM in Support of Motion re #497 MOTION to Exclude J. Michael Thesz' Testimony on Inequitable Conduct Issues filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Report of J. Michael Thesz Pursuant to Rule 26, Federal Rules of Civil Procedures, #2 Exhibit B - Deposition of J. Michael Thesz taken on Sept. 19, 2008 - Concerning Inequitable Conduct)(Lesko, Paul) |
Filing 498 MOTION to Exclude Testimony of Plaintiff's Patent Law Expert Gregory Upchurch, Esq. by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ewald, Peter) |
Filing 497 MOTION to Exclude J. Michael Thesz' Testimony on Inequitable Conduct Issues by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 496 ORDER re #495 Notice of Voluntary Dismissal filed by Avante International Technology Corporation. SO ORDERED. Party Election Systems & Software, Inc. terminated. Signed by Mag Judge Thomas C. Mummert, III on 10/20/08. (KLH) |
ORDER RECEIPT: (see receipt) Mon Oct 20 15:43:11 CDT 2008 (Hisaw, Kari) |
Filing 495 NOTICE of Voluntary Dismissal by Avante International Technology Corporation (Lesko, Paul) |
Filing 494 ORDER granting #493 Motion for Leave to Appear Pro Hac Vice J. Gregory Whitehair. Signed by Mag Judge Thomas C. Mummert, III on 9/19/08. (RJD) |
Filing 493 MOTION for Leave to Appear Pro Hac Vice J. Gregory Whitehair (Filing fee $100) by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (RJD) |
Receipt 4644002729 in the amount of $100.00 for PRO HAC VICE on behalf of J. GREGORY WHITEHAIR (CCAM) |
Filing 492 FINAL CASE MANAGEMENT ORDER #490 Joint MOTION to Amend/Correct #37 Case Management Order,, on behalf of all defendants to set forth the schedule for trial of the remaining issues in the caseJoint MOTION to Amend/Correct #37 Case Management Order,, on behalf of all defendants to set forth the schedule for trial of the remaining issues in the case filed by Election Systems & Software, Inc. motion is GRANTED as follows and is denied in all other respects. All motions filed pursuant to Daubert v. Merrell Dow Pharms., Inc, 509 U.S. 579 (1993), shall be filed no later than October 25, 2008. ( Discovery Completion due by 11/14/2008., Jury Trial set for 2/2/2009 09:00 AM in Courtroom 13N before Mag Judge Thomas C. Mummert III., Pretrial Conference set for 1/29/2009 09:00 AM in In Chambers before Mag Judge Thomas C. Mummert III., Pretrial Compliance due by 1/12/2009.) Signed by Mag Judge Thomas C. Mummert, III on August 5, 2008. (MCB) |
Filing 491 ORDER Accordingly, page 45 of the Memorandum and Order on Claim Construction is amended nunc pro tunc to read Electronically capturing and reproducing images and data from a ballot in a pixelated or bitmapped format. Sequoia's motion #487 is DENIED. Two issues remaining. The trial of these two issues will be set in the Final Case Management Order entered this date. Signed by Mag Judge Thomas C. Mummert, III on August 5, 2008. (MCB) |
Filing 490 Joint MOTION to Amend/Correct #37 Case Management Order, on behalf of all defendants to set forth the schedule for trial of the remaining issues in the case by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (Attachments: #1 Exhibit 1 Proposed Schedule of the Parties for Remaining Issues for Trial)(Smith, Victoria) |
Filing 489 STATUS REPORT Joint Statement of Issues Remaining Before the Court in response to the Court's July 16, 2008 Order filed on behalf of all parties by Election Systems & Software, Inc. (Smith, Victoria) |
Filing 488 MEMORANDUM in Support of Motion re #487 MOTION for Reconsideration re #486 Memorandum & Order, and/or Clarification filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 487 MOTION for Reconsideration re #486 Memorandum & Order, and/or Clarification by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 486 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the motion to strike of Avante International Technology Corporation is DENIED. [Doc. 437] IT IS FURTHER ORDERED that the motion of Elections Systems & Software, Inc., and Premier Election Solutions, Inc., for summary judgment that the AutoMark device in conjunction with the accused optical scanning products does not infringe the asserted claims of U.S. Patent No. 6,892,944 is DENIED without prejudice. [Doc. 332] IT IS FURTHER ORDERED that the motion of defendants Premier Election Solutions, Inc.; Sequoia Voting Systems; and Election Systems & Software, Inc., for summary judgment that claims 26-28, 30, and 49-51 of U.S. Patent No. 6,892,944 are invalid for lack of a written description under 35 U.S.C. Section 112, Paragraph 1 is GRANTED. [Doc. 335] Each of these motions concern equipment that was first the subject of Avante's proposed fourth amended complaint. Avante was not granted leave to file this complaint. IT IS FURTHER ORDERED that the motion of Avante International Technology Corporation for summary judgment that U.S. Patent Nos. 6,892,944 and 7,077,313 are not invalid in view of Defendants' references and 15 U.S.C. Section 112 arguments is DENIED. [Doc. 323] IT IS FURTHER ORDERED that the motion of defendants Premier Election Solutions, Inc.; Sequoia Voting Systems; and Election Systems & Software, Inc., for summary judgment of invalidity of the asserted claims from U.S. Patent Nos. 6,892,944 and 7,077,313 is DENIED. [Doc. 338] IT IS FURTHER ORDERED that the motion of defendants Premier Election Solutions, Inc.; Sequoia Voting Systems; and Election Systems & Software, Inc., for leave to file a joint response to the surreply of Avante International Technology Corporation is GRANTED. [Doc. 455] IT IS FURTHER ORDERED that the motions of Avante International Technology Corporation that Premier Elections Solutions, Inc.'s equipment infringes U.S. Patent Nos. 6,892,944 and 7,077,313 [Doc. 321], that Election Systems & Software, Inc.'s equipment infringes U.S. Patent Nos. 6,892,944 and 7,077,313 [Doc. 322], and that Sequoia Voting Systems, Inc.'s equipment infringes U.S. Patent Nos. 6,892,944 and 7,077,313 [Doc. 365] are each DENIED without prejudice. IT IS FURTHER ORDERED that the motion of Election Systems and Software, Inc., for leave to file a surreply to Document 322 is DENIED as moot. [Doc. 461] IT IS FINALLY ORDERED that the parties are to file, within fifteen days of the date of this Memorandum and Order, a joint statement outlining what issues, if any, remain pending before the Court. (RJD) |
Filing 485 ORDER granting #480 Motion for Leave to Appear Pro Hac Vice Eric J. Mersmann. Added Eric J. Mersmann for Election Systems & Software, Inc. Signed by Mag Judge Thomas C. Mummert, III on 5/29/08. (RJD) |
Filing 484 ORDER granting #479 Motion for Leave to Appear Pro Hac Vice Brady J. Fulton. Added Brady J. Fulton for Election Systems & Software, Inc. Signed by Mag Judge Thomas C. Mummert, III on 5/29/08. (RJD) |
Filing 483 ORDER granting #478 Motion for Leave to Appear Pro Hac Vice David J. Sheikh. Added David J. Sheikh for Election Systems & Software, Inc. Signed by Mag Judge Thomas C. Mummert, III on 5/29/08. (RJD) |
Filing 482 ORDER granting #477 Motion for Leave to Appear Pro Hac Vice Christopher J. Lee. Added Christopher J. Lee for Election Systems & Software, Inc. Signed by Mag Judge Thomas C. Mummert, III on 5/29/08. (RJD) |
Filing 481 ORDER granting #476 Motion for Leave to Appear Pro Hac Vice Raymond P. Niro. Added Raymond P. Niro for Election Systems & Software, Inc. Signed by Mag Judge Thomas C. Mummert, III on 5/29/08. (RJD) |
Receipt: $ 100.00, receipt number s2008-006682 Attorney Adm Fee PHV Eric J. Mershmann. (KLH) |
Receipt: $ 100.00, receipt number s2008-006682 Attorney Adm PHV David J. Sheikh. (KLH) |
Receipt: $ 100.00, receipt number s2008-006682 Attorney Adm Fee PHV Brady J. Fulton. (KLH) |
Receipt: $ 100.00, receipt number s2008-006682 Attorney Adm Fee PHV Christopher J. Lee. (KLH) |
Receipt: $ 100.00, receipt number s2008-006682 Attorney Adm Fee PHV Raymond P. Niro. (KLH) |
Filing 480 MOTION for Leave to Appear Pro Hac Vice Eric J. Mersmann (Filing fee $100) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (KLH) |
Filing 479 MOTION for Leave to Appear Pro Hac Vice Brady J. Fulton (Filing fee $100) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (KLH) |
Filing 478 MOTION for Leave to Appear Pro Hac Vice David J. Sheikh (Filing fee $100) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (KLH) |
Filing 477 MOTION for Leave to Appear Pro Hac Vice Christopher J. Lee (Filing fee $100) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (KLH) |
Filing 476 MOTION for Leave to Appear Pro Hac Vice Raymond P. Niro (Filing fee $100) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (KLH) |
Filing 475 ORDER denying #317 Motion for Leave to File Fourth Amended Complaint; denying #361 Motion to Compel. Signed by Mag Judge Thomas C. Mummert, III on 4/25/08. (RJD) |
Filing 474 ORDER. Comes now the Court and, on its own motion and pursuant to its ruling of October 23, 2007, amending its case management order, vacates the trial setting of June 2, 2008. The case shall be reset for trial after the Court rules on the seven pending motions for summary judgment. No further pleadings are to be filed by the parties. Signed by Mag Judge Thomas C. Mummert, III on 4/22/08. (RJD) |
Filing 471 SCHEDULING ORDER: Pretrial Compliance due by 5/23/2008. Jury Trial set for 6/2/2008 at 9:00 AM in Courtroom 13N before Mag Judge Thomas C. Mummert III. Signed by Mag Judge Thomas C. Mummert, III on 4/21/08. (RJD) |
Filing 470 NOTICE Avante's Response to Defendants Memorandum: by Plaintiff Avante International Technology Corporation re #469 Memorandum (Pollock, Jo) |
Filing 469 MEMORANDUM re #467 Plaintiff's Notice, by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc. (Gillette, Sara Weilert) Modified on 3/25/2008 (KLH). |
Filing 468 ORDER denying #457 Motion for Extension of Time to File Reply to Opposition to Motion to Strike Peter Martin and Russel Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant to Rules 12(f) and 37(c)(1). Signed by Mag Judge Thomas C. Mummert, III on 3/19/08. (KLH) |
Filing 467 NOTICE of Allowance of Patent Application No. 11/709,449 Which Has Bearing on Pending Summary Judgment Motions: by Plaintiff Avante International Technology Corporation (Attachments: #1 Exhibit A - Notice of Allowance and Fee(s) Due, #2 Exhibit B - Information Disclosure Statement, #3 Exhibit C - Response under 37 C.F.R. Sec. 1.111)(Lesko, Paul) |
Filing 466 MEMORANDUM AND ORDER re: #127 MOTION to Dismiss: Counts XI and XIII, and Motion to Strike Paragraphs 34 - 56, 98 and 99 of Plaintiff's Third Amended Complaint filed by Sequoia Voting Systems, #133 MOTION to Dismiss: Claims X and XII filed by Premier Election Solutions, Inc. IT IS HEREBY ORDERED that the motion to dismiss of Sequoia Voting Systems is GRANTED and the motion to strike is DENIED. [Doc. 127] IT IS FURTHER ORDERED that the motion to dismiss of Premier Election Solutions, Inc., is GRANTED. [Doc. 133] Signed by Mag Judge Thomas C. Mummert, III on 3/10/08. (RJD) |
Filing 465 NOTICE of Recent Federal Circuit Decision Which Has Bearing on the Pending Summary Judgment Motions: by Plaintiff Avante International Technology Corporation (Lesko, Paul) |
Filing 464 ORDER granting #462 Motion for Extension of Time to File Reply re #437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1). Reply due by 2/20/2008. Signed by Mag Judge Thomas C. Mummert, III on 2/25/08. (KLH) |
Filing 463 REPLY to Response to Motion re #437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1) filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Brian Clubb Deposition Excerpt)(Pollock, Jo) |
Filing 462 Second MOTION for Extension of Time to File Response/Reply as to #454 Memorandum in Opposition to Motion, TO STRIKE PETER MARTIN AND RUSSEL CHILDERS DECLARATIONS AND DEFENDANTS CTS-1/HSCC REFERENCES by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 461 MOTION for Leave to File a Sur-Reply in and Proposed Sur-Reply in Opposition to Avante's Motion for Summary Judgment of Infringement (Doc. 322) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Victoria) |
Filing 460 ORDER granting #458 Motion to Seal Document 399-7 . Signed by Mag Judge Thomas C. Mummert, III on February 14, 2008. (MCB) |
Filing 459 REPLY to Response to Motion re #455 MOTION for Leave to File a Joint Response to Plaintiff's Sur-Reply filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 1--Clubb Tr.)(Gillette, Sara Weilert) |
Filing 458 MOTION to Seal Document No. 399-7 by Defendant Premier Election Solutions, Inc.. (Gillette, Sara Weilert) |
Filing 457 MOTION for Extension of Time to File ;Extension to file the following: Reply to Opposition to Motion to Strike Peter Martin and Russel Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant to Rules 12(f) and 37(c)(1) ;Proposed extension date 02/19/2008, First MOTION for Extension of Time to File Response/Reply as to #454 Memorandum in Opposition to Motion, by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 456 RESPONSE in Opposition re #455 MOTION for Leave to File a Joint Response to Plaintiff's Sur-Reply filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Brian Clubb Resignation; Deposition Exhibit 1)(Lesko, Paul) |
Filing 455 MOTION for Leave to File a Joint Response to Plaintiff's Sur-Reply by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Defendants' Joint Response to Plaintiff's Sur-Reply, #2 Exhibit A to Defendants' Joint Response, #3 Exhibit B to Defendants' Joint Response)(Ewald, Peter) |
Filing 454 MEMORANDUM in Opposition re #437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1) filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gillette, Sara Weilert) |
Filing 453 ORDER granting #450 Motion for Extension of Time to File Response re #437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1). Response due by 2/5/2008. Signed by Mag Judge Thomas C. Mummert, III on 2/5/08. (RJD) |
Filing 452 REPLY to Response to Motion with Statement of Uncontroverted Facts and Exhibit A attached re #365 MOTION for Summary Judgment That Sequoia Voting Systems, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 451 ORDER granting #449 Motion for Leave to file documents (reply in support of its motion for summary judgment that Sequoi Voting Systems, Inc., Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313) under seal. Signed by Mag Judge Thomas C. Mummert, III on February 4, 2008. (MCB) |
Filing 450 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Strike by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Gillette, Sara Weilert) |
Filing 449 MOTION for Leave to File Under Seal by Plaintiff Avante International Technology Corporation. (Smith, Stephen) |
***REMARK: Document 447 (Proposed Jury Instructions) deleted due to docketing error, should have been filed in 4:07-cv-958-CEJ, attorney contacted. (KLH) |
Filing 448 SURREPLY to Motion re #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103, filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH) |
Filing 446 NOTICE of Filing Documents Under Seal: by Plaintiff Avante International Technology Corporation re #445 Order on Sealed Motion Granting Plaintiff's Motion to File Sur-reply (Smith, Stephen) |
Filing 445 ORDER granting 441 Sealed Motion to file a Sur-Reply. Signed by Mag Judge Thomas C. Mummert, III on 1/29/08. (KLH) |
Filing 444 NOTICE Defendants' Non-Opposition: by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems re 441 SEALED MOTION (Ewald, Peter) |
Filing 443 ORDER granting #442 Motion for Extension of Time to File Reply to Defendant Sequoia Voting Systems' Opposition to Plaintiff's Motion for Summary Judgment ;Extension date: 1/31/08 Signed by Mag Judge Thomas C. Mummert, III on 1/24/08. (BAK) |
Filing 442 MOTION for Extension of Time to File ;Extension to file the following: Reply to Sequoia's Opposition to Motion for Summary Judgment that Sequoia's Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 ;Proposed extension date 01/31/2008 by Plaintiff Avante International Technology Corporation. (Smith, Stephen) |
Filing 441 SEALED MOTION to file a Sur-Reply by Plaintiff Avante International Technology Corporation. (BAK) |
Filing 440 SEALED DOCUMENT - MEMORANDUM IN SUPPORT to #437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1) by Plaintiff Avante International Technology Corporation. (BAK) |
Filing 439 NOTICE Of Filing Documents Under Seal: by Plaintiff Avante International Technology Corporation (Pollock, Jo) |
Filing 438 NOTICE Of Filing Documents Under Seal: by Plaintiff Avante International Technology Corporation re #437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1) (Pollock, Jo) |
Filing 437 MOTION to Strike Peter Martin And Russell Childers' Declarations and Defendants' CTS-1/HSCC References Pursuant To Rules 12(f) and 37 (c) (1) by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 435 REPLY to Response to Motion with Exhibits A -I re #323 MOTION for Summary Judgment That U.S. Patent Nos. 6,892,944 and 7,077,313 Are Not Invalid In View Of Defendants' References And 35 U.S.C. 112 Arguments filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 434 ORDER granting #421 Motion for Leave to file overlength brief Signed by Mag Judge Thomas C. Mummert, III on January 15, 2008. (MCB) |
Filing 436 REPLY to Response to Motion re #322 MOTION for Summary Judgment Of Infringement That Election Systems & Software, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313, filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH) |
Filing 433 EXHIBIT B (DVD) Received re #425 REPLY to Response to Motion re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation. (KLH, maintained in Clerk's Office) |
Filing 432 EXHIBIT A Received re #425 REPLY to Response to Motion re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL.(KLH) |
Filing 431 REPLY re #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 16, #2 Exhibit 17)(Hoekel, Jennifer) Modified on 1/14/2008 (MCB). |
Filing 430 STATEMENT of Material Facts re #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 Response to Additional Facts filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15)(Hoekel, Jennifer) |
Filing 429 REPLY to Response to Motion re #332 MOTION for Summary Judgment of Non-Infringement on Claims 26-28, 30 and 49-51 of the '944 Patent on behalf of ES&S and Premier filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 428 REPLY to Response to Motion re #335 MOTION for Summary Judgment of Invalidity of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H)(Smith, Victoria) |
Filing 427 NOTICE of Filing Document Under Seal: by Plaintiff Avante International Technology Corporation re #425 Reply to Response to Motion, for Summary Judgment that Diebold Election System's Inc.'s Equipment Infringes '944 and '313 Patents (Lesko, Paul) |
Filing 426 NOTICE Filing Exhibit in DVD Format: by Plaintiff Avante International Technology Corporation re #425 Reply to Response to Motion, for Summary Judgment of Infringement that Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 (Lesko, Paul) |
Filing 425 REPLY to Response to Motion re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed with Court Clerk in DVD Format)(Lesko, Paul) |
Filing 424 NOTICE Filing Documents Under Seal: by Plaintiff Avante International Technology Corporation (Lesko, Paul) |
Filing 423 NOTICE Filing Documents Under Seal: by Plaintiff Avante International Technology Corporation (Lesko, Paul) DUPLICATE OF DOCUMENT NO. 422. Modified on 1/14/2008 (MCB). |
Filing 422 NOTICE Filing Documents Under Seal: by Plaintiff Avante International Technology Corporation (Lesko, Paul) |
Filing 421 MOTION for Leave to File Overlength Brief by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 420 SEALED DOCUMENT - RESPONSE to 380 Statement of Material Facts, by Defendant Sequoia Voting Systems. (BAK) |
Filing 419 SEALED DOCUMENT - EXHIBIT A to #417 Memorandum in Opposition to Motion, by Defendant Sequoia Voting Systems. (BAK) |
Filing 418 NOTICE Filing Documents Under Seal: by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems re #417 Memorandum in Opposition to Motion, (Ewald, Peter) |
Filing 417 MEMORANDUM in Opposition re #365 MOTION for Summary Judgment That Sequoia Voting Systems, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ewald, Peter) |
Filing 416 ORDER granting #414 Motion to Withdraw as Attorney. Signed by Mag Judge Thomas C. Mummert, III on 1/9/08. (KLH, Attorney Jill Rogers-Manning termed) |
Filing 415 ORDER granting #413 Motion to Amend/Correct Case Management Order. Signed by Mag Judge Thomas C. Mummert, III on 1/9/08. (KLH) |
Filing 414 MOTION to Withdraw as Attorney; attorney/firm Jill Rogers-Manning by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 413 Consent MOTION to Amend/Correct the Case Management Order by Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 412 ORDER granting #411 Motion to Amend/Correct Case Management Order. Signed by Mag Judge Thomas C. Mummert, III on 12/27/07. (BAK) |
Filing 411 Joint MOTION to Amend/Correct Case Management Order by Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 410 RESPONSE in Opposition to #332 MOTION for Summary Judgment of Non-Infringement of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL (BAK) Modified on 1/9/2008 (BAK). |
Filing 409 STATEMENT of Material Facts in support of Response 408 to #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL (BAK) |
Filing 408 RESPONSE in Opposition re #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL (BAK) |
Filing 404 ORDER granting #398 Motion for Leave to File Reponse Out Of Time. Signed by Mag Judge Thomas C. Mummert, III on 12/18/07. (RJD) |
Filing 403 ORDER granting #387 Motion for Leave to File Documents Under Seal. Signed by Mag Judge Thomas C. Mummert, III on 12/18/07. (RJD) |
Filing 402 ORDER granting #389 Motion for Leave to File Documents Under Seal. Signed by Mag Judge Thomas C. Mummert, III on 12/18/07. (RJD) |
Filing 401 ORDER granting #391 Motion for Leave to File Documents Under Seal. Signed by Mag Judge Thomas C. Mummert, III on 12/18/07. (RJD) |
Filing 400 ORDER granting #390 Motion for Leave to File Overlength Brief. Signed by Mag Judge Thomas C. Mummert, III on 12/18/07. (RJD) |
Filing 407 SEALED DOCUMENT - EXHIBITS 3 through 7 to #394 Memorandum in Opposition to Motion, by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (BAK) |
Filing 406 RESPONSE to Plaintiff's Statment of Uncontroverted Facts in Support 329 of Avante International Technology Corporation's MOTION for Summary Judgment Of Infringement That Election Systems & Software, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 #322 filed by Defendant Election Systems & Software, Inc. FILED UNDER SEAL (BAK) |
Filing 405 RESPONSE in Opposition re #322 MOTION for Summary Judgment Of Infringement That Election Systems & Software, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Defendant Election Systems & Software, Inc. (FILED UNDER SEAL) (BAK) |
Filing 399 STATEMENT of Material Facts re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Defendant Premier Election Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2A, #3 Exhibit 2B, #4 Exhibit 2C, #5 Exhibit 3, # 6 Exhibit 4 - FILED UNDER SEAL)(Hoekel, Jennifer) Modified on 2/14/2008 (MCB). |
Filing 398 MOTION for Leave to File Out of Time by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 397 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc. (Hoekel, Jennifer) |
Filing 396 RESPONSE in Opposition re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 395 STATEMENT of Material Facts re #323 MOTION for Summary Judgment That U.S. Patent Nos. 6,892,944 and 7,077,313 Are Not Invalid In View Of Defendants' References And 35 U.S.C. 112 Arguments filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14)(Hoekel, Jennifer) |
Filing 394 MEMORANDUM in Opposition re #323 MOTION for Summary Judgment That U.S. Patent Nos. 6,892,944 and 7,077,313 Are Not Invalid In View Of Defendants' References And 35 U.S.C. 112 Arguments filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11)(Hoekel, Jennifer) |
Filing 393 NOTICE of Filing of Documents Under Seal: by Defendant Election Systems & Software, Inc. (Smith, Victoria) |
Filing 392 NOTICE of Filing Documents Under Seal: by Defendant Election Systems & Software, Inc. (Smith, Victoria) |
Filing 391 Third MOTION for Leave to File Document Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 390 MOTION for Leave to File Overlength Briefs (Joint Motion) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 389 Second MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 388 RESPONSE in Opposition re #335 MOTION for Summary Judgment of Invalidity of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lesko, Paul) |
Filing 387 MOTION for Leave to File Memorandum in Opposition to Defendants' Joint Motion for Summary Judgment of Invalidity by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 386 SEALED DOCUMENT - Exhibit A re #384 Reply in Support of its Motion to Compel Defendants Premier Election Solutions and Sequoia Voting Systems to Produce their Illinois Source Code by Plaintiff Avante International Technology Corporation. (MCB) |
Filing 385 ORDER granting #383 Motion for Leave to file document under seal (Exhibit A to its reply in support of its motion to compel. Signed by Mag Judge Thomas C. Mummert, III on December 13, 2007. (MCB) |
ORDER RECEIPT: (see receipt) Thu Dec 13 11:42:09 CST 2007 (Berg, Melanie) |
Filing 384 REPLY re #361 MOTION to Compel Defendants Premier Election Solutions And Sequoia Voting Systems To Produce Their Illinois Source Code filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit B)(Pollock, Jo) Modified on 12/13/2007 (MCB). |
Filing 383 MOTION for Leave to File Document Under Seal by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
ORDER RECEIPT: (see receipt) Wed Dec 12 10:52:35 CST 2007 (Berg, Melanie) |
Filing 382 ORDER granting #375 Motion for Extension : time to file reply to deft Premier Election Solutions, Inc.'s and Sequoia Voting Systems' Joint Opposition to Plaintiff's Motion to Compel Production of Source Code ;Extension date: December 12, 2007 Signed by Mag Judge Thomas C. Mummert, III on December 11, 2007. (MCB) |
ORDER RECEIPT: (see receipt) Tue Dec 11 10:03:20 CST 2007 (Berg, Melanie) |
ORDER RECEIPT: (see receipt) Tue Dec 11 10:03:13 CST 2007 (Berg, Melanie) |
Filing 381 REPLY to Response to Motion re #317 MOTION for Leave to File Fourth Amended Complaint and against Defendants' opposition to the motion filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 380 STATEMENT of Uncontroverted Material Facts in support of re #365 MOTION for Summary Judgment That Sequoia Voting Systems, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) Modified on 12/11/2007 (MCB). |
Filing 378 ORDER granting #366 Motion for Leave to file documents under seal Signed by Mag Judge Thomas C. Mummert, III on December 10, 2007. (MCB) |
Filing 377 ORDER granting #374 Motion to Amend/Correct the deadline for filing responses and to the Summary Judgment Motions filed on November 2 from December 7, 2007 to December 14, 2007 and the deadline for the reply brief from December 21, 2007 to January 11, 2008. Signed by Mag Judge Thomas C. Mummert, III on December 10, 2007. (MCB) |
Filing 376 ORDER granting #362 Motion for Leave to file Plaintiff's combined reply in support of its motion for leave to file fourth amended complaint and Exhibits A-H under seal. Signed by Mag Judge Thomas C. Mummert, III on December 10, 2007. (MCB) |
Filing 375 MOTION for Extension of Time to File Reply to Defendants Premier Election Solutions, Inc.'s and Sequoia Voting Systems' Joint Opposition to Plaintiff's Motion to Compel Production of Source Code (Docket No. 373) of: Time by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
ORDER RECEIPT: (see receipt) Mon Dec 10 16:09:39 CST 2007 (Berg, Melanie) |
Filing 374 Joint MOTION to Amend/Correct #364 Order on Motion to Amend/Correct to Extend the Time for Opposition and Replies to the Summary Judgment Motions filed on November 1, 2007 due to delays in receiving deposition transcripts necessary to respond to the motions on behalf of all parties by Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 373 MEMORANDUM in Opposition re #361 MOTION to Compel filed by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hoekel, Jennifer) |
Filing 372 ORDER granting #371 Motion for Leave to Appear Pro Hac Vice Derek Y. Brandt. Signed by Mag Judge Thomas C. Mummert, III on 11/30/07. (KLH, Added Derek Y. Brandt for Avante International Technology Corporation) |
ORDER RECEIPT: (see receipt) Fri Nov 30 13:01:27 CST 2007 (Hisaw, Kari) |
Filing 371 MOTION for Leave to Appear Pro Hac Vice for Derek Y. Brandt (Filing fee $100) by Plaintiff Avante International Technology Corporation. (RJD) |
Filing 379 MEMORANDUM in Support of Motion re #365 MOTION for Summary Judgment That Sequoia Voting Systems, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 370 ORDER granting #368 Motion for Extension of Time to File Response/Reply re #361 MOTION to Compel. Response due by 11/30/2007. Signed by Mag Judge Thomas C. Mummert, III on 11/28/07. (RJD) |
Filing 369 ORDER granting #367 Motion for Leave to File Overlength Brief. Signed by Mag Judge Thomas C. Mummert, III on 11/28/07. (RJD) |
Receipt: S2008-001798 in the amount of $100.00 for ATTORNEY ADMISSION FEE as to DEREK YEATS BRANDT. (CSAW) Modified on 1/23/2008 (BAK). |
Filing 368 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel by Defendants Premier Election Solutions, Inc., Sequoia Voting Systems. (Gillette, Sara Weilert) |
Filing 367 MOTION for Leave to File Overlength Brief by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 366 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 365 MOTION for Summary Judgment That Sequoia Voting Systems, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 364 ORDER granting #363 Motion to Amend/Correct Case Management Order. Signed by Mag Judge Thomas C. Mummert, III on 11/21/07. (KLH) |
Filing 363 MOTION to Amend/Correct Case Management Order re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313, #323 MOTION for Summary Judgment That U.S. Patent Nos. 6,892,944 and 7,077,313 Are Not Invalid In View Of Defendants' References And 35 U.S.C. 112 Arguments, #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103, #335 MOTION for Summary Judgment of Invalidity of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants, #322 MOTION for Summary Judgment Of Infringement That Election Systems & Software, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313, #332 MOTION for Summary Judgment of Non-Infringement on Claims 26-28, 30 and 49-51 of the '944 Patent on behalf of ES&S and Premier Stipulated Motion to Amend the Case Management Order to extend the deadline for filing Responses by Defendant Premier Election Solutions, Inc. (Hoekel, Jennifer) Modified on 11/21/2007 (KLH). |
Filing 362 MOTION for Leave to File Plaintiff's Combined Reply In Support Of Its Motion For Leave To File Fourth Amended Complaint And Exhibits A-H Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 361 MOTION to Compel by Plaintiff Avante International Technology Corporation. (Attachments: #1 Text of Proposed Order)(Pollock, Jo) |
Filing 360 SEALED DOCUMENT - Exhibit 1 re #354 Memorandum in Opposition to Motion by Defendant Premier Election Solutions, Inc. (MCB) |
Filing 359 MEMORANDUM in Opposition re #317 MOTION for Leave to File Fourth Amended Complaint filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C (Part 1)#4 Exhibit C (Part 2)#5 Exhibit C (Part 3)#6 Exhibit C (Part 4)#7 Exhibit D)(Smith, Victoria) |
Filing 358 RESPONSE in Opposition re #317 MOTION for Leave to File Fourth Amended Complaint filed by Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Ewald, Peter) |
Filing 357 ORDER granting #316 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 11/9/07. (RJD) |
Filing 356 ORDER granting #315 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 11/9/07. (RJD) |
Filing 355 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Premier Election Solutions, Inc. re #354 Memorandum in Opposition to Motion (Hoekel, Jennifer) |
Filing 354 MEMORANDUM in Opposition re #317 MOTION for Leave to File Fourth Amended Complaint filed by Defendant Premier Election Solutions, Inc.. (Hoekel, Jennifer) |
Filing 473 SEALED Exhibits J, K and L re #318 Memorandum in Support of Motion by Plaintiff Avante International Technology Corporation. (Filed in paper format) (RJD) |
Filing 472 SEALED Exhibits A-P re #317 MOTION for Leave to File Fourth Amended Complaint by Plaintiff Avante International Technology Corporation. (Filed in paper format) (RJD) |
Filing 353 ORDER granting #331 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 11/8/07. (RJD) |
Filing 352 ORDER granting #327 Motion for Leave to File Overlength Summary Judgment Briefs. Signed by Judge Thomas C. Mummert III on 11/8/07. (RJD) |
Filing 351 ORDER granting #326 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 11/8/07. (RJD) |
Filing 350 ORDER granting #325 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 11/8/07. (RJD) |
Filing 349 ORDER granting #324 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 11/8/07. (RJD) |
Filing 348 SEALED DOCUMENT - EXHIBITS 2,3 & 4 to #333 Statement of Material Facts, by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Defendants Premier Election Solutions, Inc., Election Systems & Software, Inc.. (BAK, ) |
Filing 347 SEALED DOCUMENT - EXHIBITS EXPGM23 & EXPGM24 to #341 Declaration of Peter G. Martin, by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (BAK, ) |
Filing 346 SEALED DOCUMENT - EXHIBITS EXPGM1, EXPGM8 & EXPGM27 to #341 Declaration of Peter G. Martin, by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (BAK, ) |
Filing 345 NOTICE by Counter Claimant Premier Election Solutions, Inc., Defendant Premier Election Solutions, Inc. re #340 Statement of Material Facts,, Exhibit Correspondence Table: (Hoekel, Jennifer) |
Filing 344 NOTICE by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc. re #341 Declaration,,, Notice of Filing Under Seal: (Hoekel, Jennifer) |
Filing 343 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc. re #341 Declaration,,, (Hoekel, Jennifer) |
Filing 342 DECLARATION filed by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc. re #340 Statement of Material Facts,, Declaration of Michael Shamos. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G(1)#8 Exhibit G(2)#9 Exhibit G(3)#10 Exhibit H#11 Exhibit I#12 Exhibit J#13 Errata K(1)#14 Exhibit K(2)#15 Exhibit L#16 Errata M#17 Exhibit N#18 Exhibit O#19 Exhibit P)(Hoekel, Jennifer) |
Filing 341 DECLARATION filed by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc. re #340 Statement of Material Facts,, Declaration of Peter Martin. (Attachments: #1 Exhibit '944 claim chart#2 Exhibit '313 claim chart#3 Exhibit EXPGM2#4 Exhibit EXPGM3#5 Exhibit EXPGM4#6 Exhibit EXPGM5#7 Exhibit EXPGM6#8 Exhibit EXPGM7#9 Exhibit EXPGM9#10 Exhibit EXPGM10#11 Exhibit EXPGM11#12 Exhibit EXPGM12#13 Exhibit EXPGM13#14 Exhibit EXPGM14#15 Exhibit EXPGM15#16 Exhibit EXPGM16#17 Exhibit EXPGM17#18 Exhibit EXPGM18#19 Exhibit EXPGM19#20 Exhibit EXPGM20#21 Errata EXPGM21#22 Exhibit EXPGM22#23 Errata EXPGM25#24 Exhibit EXPGM26)(Hoekel, Jennifer) |
Filing 340 STATEMENT of Material Facts re #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 filed by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11)(Hoekel, Jennifer) |
Filing 339 MEMORANDUM in Support of Motion re #338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 filed by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Hoekel, Jennifer) |
Filing 338 Joint MOTION for Summary Judgment of Invalidity of the Asserted Claims from U.S. Patent Nos. 6,892,944 and 7,077,313 Under 35 USC 102 and 103 by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Sequoia Voting Systems, Defendants Premier Election Solutions, Inc., Sequoia Voting Systems, Election Systems & Software, Inc.. (Hoekel, Jennifer) |
Filing 337 MEMORANDUM in Support of Motion re #335 MOTION for Summary Judgment of Invalidity of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 336 STATEMENT of Material Facts re #335 MOTION for Summary Judgment of Invalidity of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 #4 #5)(Smith, Victoria) |
Filing 335 MOTION for Summary Judgment of Invalidity of Claims 26-38, 30 and 49-51 of the '944 Patent under Section 112 on behalf of all defendants by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 334 MEMORANDUM in Support of Motion re #332 MOTION for Summary Judgment of Non-Infringement on Claims 26-28, 30 and 49-51 of the '944 Patent on behalf of ES&S and Premier filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 333 STATEMENT of Material Facts re #332 MOTION for Summary Judgment of Non-Infringement on Claims 26-28, 30 and 49-51 of the '944 Patent on behalf of ES&S and Premier filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Smith, Victoria) |
Filing 332 MOTION for Summary Judgment of Non-Infringement on Claims 26-28, 30 and 49-51 of the '944 Patent on behalf of ES&S and Premier by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 331 MOTION for Leave to File Documents Under Seal for Statement of Facts in Support of Motion for Non-Infringement of Claims 26-28, 30 and 49-51 on behalf of ES&S and Premier by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 330 MEMORANDUM in Support of Motion and Statement of Uncontroverted Facts with Exhibits A - W attached re #323 MOTION for Summary Judgment That U.S. Patent Nos. 6,892,944 and 7,077,313 Are Not Invalid In View Of Defendants' References And 35 U.S.C. 112 Arguments filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 329 MEMORANDUM in Support of Motion and Statement of Uncontroverted Facts with Exhibits A - T re #322 MOTION for Summary Judgment Of Infringement That Election Systems & Software, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 328 MEMORANDUM in Support of Motion and Statement of Uncontroverted Facts and Exhibits A - O attached re #321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 filed by Plaintiff Avante International Technology Corporation; FILED UNDER SEAL. (MCB) |
Filing 327 Joint MOTION for Leave to File Overlength Summary Judgment Briefs by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 326 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 325 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 324 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 323 MOTION for Summary Judgment That U.S. Patent Nos. 6,892,944 and 7,077,313 Are Not Invalid In View Of Defendants' References And 35 U.S.C. 112 Arguments by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 322 MOTION for Summary Judgment Of Infringement That Election Systems & Software, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 321 MOTION for Summary Judgment Of Infringement That Premier Election Solutions, Inc.'s Equipment Infringes U.S. Patent Nos. 6,892,944 and 7,077,313 by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 320 ORDER granting #319 Motion for Extension of Time to Amend Case Management Order. Signed by Judge Thomas C. Mummert III on 10/31/07. (KLH, ) |
Filing 319 Consent MOTION for Extension of Time to Amend #312 Case Management Order - Amended, by Counter Claimant Premier Election Solutions, Inc., Defendant Premier Election Solutions, Inc. (Gillette, Sara Weilert) |
Filing 318 MEMORANDUM in Support of Motion re #317 MOTION for Leave to File Fourth Amended Complaint filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A-I and M and N#2 Exhibit O-S)(Rogers-Manning, Jill) |
Filing 317 MOTION for Leave to File Fourth Amended Complaint by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit Proposed Fourth Amended Complaint)(Rogers-Manning, Jill) |
Filing 316 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 315 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 314 MEMORANDUM AND ORDER: Upon the stipulation of the parties, based on the Court's Memorandum and Order on Claim Construction, Doc. 276, August 20, 2007 and the Court's Order granting Defendant Premier Election Solution's Motion for Summary Judgment of Non-Infringement, Doc. 301, September 24, 2007, it is hereby ordered that summary judgment of non-infringement, on the asserted claims of U.S. Patent No.7,036,730, in favor of Defendants Election Sustems & Software, Inc. and Sequoia Voting Systems is GRANTED. IT IS FURTHER ORDERED that the Court hereby dismisses as moot, without prejudice, all claims of plaintiff and the counterclaims of all defendants, regarding all claims of the U.S. Patent No. 7,036,730, which were not disposed of in the Court's summary judgment orders with respect to the '730 patent. IT IS FURTHER ORDERED that the Court hereby dismisses, as moot, without prejudice, all claims of plaintiff and the counterclaims of all defendants on the unasserted claims of U.S. Patent Nos 6,892,944 and 7,077,313 and the Court declines declaratory judgment jurisdiction as to any issues of validity or infringement raised by the Defendnats in their counterclaims on the unasserted claims. The "unasserted claims" of the '944 & '313 Patents are defined as all claims except claims 1, 26-28 9which depend on claim 18), 31, 32, 42, 49-51 of the '944 patent and claims 13, 14, 47 & 48 of the '313 patent. Signed by Judge Thomas C. Mummert III on 10/23/07. (RJD) |
Filing 313 Minute Entry for proceedings held before Judge Thomas C. Mummert III: Status Conference held on 10/23/2007. (FTR Gold yes or no: no.) (proceedings started: 2:00 pm.) (proceedings ended: 4:00 pm.) (RJD) |
Filing 312 AMENDED CASE MANAGEMENT ORDER. The deadlines set forth in the Case Management Order shall be amended as follows: a) Initial expert reports shall be due 30-days after the Court's decision of the Parties' Motions for Summary Judgment, b) Rebuttal expert reports shall be due 15-days after Initial Expert Reports are served, c) All expert depositions shall be completed 30-days after Rebuttal Expert Reports are served, d) All discovery ends 5-days after the deadline for completing expert depositions, e) All motions to compel discovery shall be filed 10-days after all discovery ends, f) All Daubert motions shall be filed 5-days after the deadline for filing motions to compel, g) Plaintiff Avante shall have 7 days from the date of its inspection of the accused Dominion Product in which to file a motion for summary judgment of infringement of the 944 and 313 Patents. Signed by Judge Thomas C. Mummert III on 10/23/07. (RJD) |
Filing 311 MEMORANDUM in Opposition to Defendants' Joint Supplemental Brief in Support of the Pending Motions to Dismiss Counts X through XIII of the Third Amended Complaint by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Motion to Quash or Modify Subpoena)(Rogers-Manning, Jill) |
Filing 310 ORDER granting #309 Motion to Unseal Document #118 Third Amended Complaint. Signed by Judge Thomas C. Mummert III on 10/18/07. (KLH, ) |
Filing 309 MOTION to Unseal Document #118 Third Amended Complaint, filed by Avante International Technology Corporation, by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Permission of ES&S to Unseal#2 Exhibit B - Sequoia's Permission to Unseal#3 Exhibit C - Premier's Permission to Unseal)(Smith, Stephen) |
Filing 308 ORDER granting #307 Motion for Leave to File Supplemental Brief In Support Of Motions To Dismiss In View Of Court's Claim Construction And Summary Judgment Rulings. Signed by Judge Thomas C. Mummert III on 10/10/07. (RJD) |
Filing 307 MOTION for Leave to File Joint Supplemental Brief in Support of Pending Motions to Dismiss by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Joint Supplemental Brief#2 Exhibit A to Joint Supplemental Brief)(Ewald, Peter) |
Filing 306 ORDER granting #305 Motion for Hearing. Signed by Judge Thomas C. Mummert III on 10/9/07. (RJD) |
Filing 305 Joint MOTION for Hearing or Status Conference Pursuant to Fed. R. Civ. P. 16(b) by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit A)(Ewald, Peter) |
Filing 304 ORDER denying as moot #142 Motion to strike certain paragraphs in a counterclaim that has been superseded by another counterclaim, #289 Motion for an extension of time to file a responsive pleading to a motion which has been withdrawn, #195 , #210 Motions to compel. Signed by Judge Thomas C. Mummert III on 9/25/07. (KLH, ) |
Filing 303 ORDER granting #300 Motion to Withdraw #206 MOTION to Strike #185 Answer to Amended Complaint, Counterclaim Paragraph 39 from Election Systems & Software, Inc.'s Amended Counterclaims Pursuant to Rule 12(f), #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f), #208 Second MOTION to Strike #186 Answer to Complaint, Counterclaim Paragraph 16, Including Subparagraphs A-E and G-I (Collectively, "the '872 Patent References") from Sequoia's Amended Counterclaims Pursuant to Rule 12(f) Signed by Judge Thomas C. Mummert III on September 25, 2007. (MCB) |
Filing 302 ORDER granting #291 Motion to Amend/Correct Case Management Order: Amended Deadlines: 1) Initial Expert Reports: December 4, 2007; 2) Rebuttal Expert Reprts: December 17, 2007; 3) Completion of Expert Depositions: January 11, 2008; 4) Close of Discovery: January 15, 2008; 5)Motions to Compel: January 25, 2008; 6) Daubert Motions: January 20, 2008. Signed by Judge Thomas C. Mummert III on September 25, 2007. (MCB) |
Filing 301 MEMORANDUM AND ORDER. ORDERED that the motion of Premier Election Solutions, Inc., for summary judgment of non-infringement of U.S. Patent No. 7,036,730 is GRANTED. #92 FURTHER ORDERED that the motion of Avante International Technology Corporation to refuse the application for judgment or for continuance to respond to motion for summary judgment and the motion for leave to file a second surreply are each DENIED. 245 , #292 FINALLY ORDERED that the parties are to inform the Court by the close of business tomorrow whether this ruling renders the two pending motions to compel, Documents 195 and 210, are moot. Signed by Judge Thomas C. Mummert III on 9/24/07. (KLH, ) |
Filing 300 MOTION to Withdraw #206 MOTION to Strike #185 Answer to Amended Complaint, Counterclaim Paragraph 39 from Election Systems & Software, Inc.'s Amended Counterclaims Pursuant to Rule 12(f), #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f), #208 Second MOTION to Strike #186 Answer to Complaint, Counterclaim Paragraph 16, Including Subparagraphs A-E and G-I (Collectively, "the '872 Patent References") from Sequoia's Amended Counterclaims Pursuant to Rule 12(f) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 299 ORDER granting #298 Motion to Withdraw #269 Supplemental (Suggestions in Support), and #197 MOTION for Partial Summary Judgment Signed by Judge Thomas C. Mummert III on September 17, 2007. (MCB) |
Filing 298 Joint MOTION to Withdraw Motion for Partial Summary Judgment and Suggestions in Support by Counter Claimants Election Systems & Software, Inc., Premier Election Solutions, Inc., Defendants Premier Election Solutions, Inc., Election Systems & Software, Inc.. (Gillette, Sara Weilert) |
Filing 297 REPLY (to termed motion) re #292 MOTION for Leave to File a Second Sur-reply in Support of its Opposition to Diebold's Motion for Summary Judgment of Non-infringement of the '730 Patent filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A)(Rogers-Manning, Jill) |
Filing 296 MEMORANDUM in Opposition re #292 MOTION for Leave to File a Second Sur-reply in Support of its Opposition to Diebold's Motion for Summary Judgment of Non-infringement of the '730 Patent filed by Counter Claimant Premier Election Solutions, Inc., Defendant Premier Election Solutions, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Evans, Robert) |
Filing 295 ORDER granting #290 Motion for Extension of Time to File Response/Reply re #197 MOTION for Partial Summary Judgment. Replies due by 9/15/2007. Signed by Judge Thomas C. Mummert III on 9/11/07. (RJD) |
Filing 294 ORDER granting #293 Motion to Withdraw. Signed by Judge Thomas C. Mummert III on 9/11/07. (RJD) |
Filing 293 MOTION to Withdraw #289 MOTION for Extension of Time to File Response/Reply as to #269 Supplemental, Diebold Election Systems' Suggestions in Support of Election Systems & Software, Inc.'s Motion for Partial Summary Judgment of Invalidity of Certain Claims of t by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 292 MOTION for Leave to File a Second Sur-reply in Support of its Opposition to Diebold's Motion for Summary Judgment of Non-infringement of the '730 Patent by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - USPTO Docket Entry Showing Mailing of Notice of Allowance#2 Exhibit B - Published Patent Application 2003/0034393#3 Exhibit C - Information Disclosure Statements)(Lesko, Paul) |
Filing 291 Consent MOTION to Amend/Correct Case Management Order by Defendant Election Systems & Software, Inc. (Smith, Victoria) |
Filing 290 Consent MOTION for Extension of Time to File Response/Reply as to #269 Supplemental, Diebold Election Systems' Suggestions in Support of Election Systems & Software, Inc.'s Motion for Partial Summary Judgment of Invalidity of Certain Claims of the '944 Patent by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 289 MOTION for Extension of Time to File Response/Reply as to #269 Supplemental, Diebold Election Systems' Suggestions in Support of Election Systems & Software, Inc.'s Motion for Partial Summary Judgment of Invalidity of Certain Claims of the '944 Patent by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 288 ORDER granting #286 Motion to Amend/Correct Corporate Name. Signed by Judge Thomas C. Mummert III on 9/5/07. (KLH, ) |
Filing 287 ORDER granting #284 Motion for Extension of Time to File: Response to Defendant Diebold Election Systems' Suggestions in Support of Election Systems & Software, Inc.'s Motion for Partial Summary Judgment of Invalidity of Certain Claims of the '944 Patent; Extension date: 9/6/07. Signed by Judge Thomas C. Mummert III on 9/4/07. (KLH, ) |
Filing 286 MOTION to Amend/Correct Corporate Name by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 Exhibit A)(Gillette, Sara Weilert) |
Filing 285 ORDER granting #283 Motion for Extension of Time to File Response/Reply re #197 MOTION for Partial Summary Judgment. Replies due by 9/5/2007. Signed by Judge Thomas C. Mummert III on 8/31/07. (BAK, ) |
Filing 284 MOTION for Extension of Time to File Response to Diebold Election Systems' Suggestions in Support of Election Systems and Software, Inc.'s Motion for Partial Summary Judgment of Invalidity of Certain Claims of the '944 Patent; Proposed extension date September 6, 2007 by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 283 Consent MOTION for Extension of Time to File Response/Reply as to #266 Memorandum in Opposition to Motion,, Unopposed Motion for Extension of Time to Reply to Plaintiff's Opposition to Election Systems and Software, Inc.'s Motion for Partial Summary Judgment of Invalidity of Certain Claims of the '944 Patent by Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
ADR COMPLIANCE REPORT by Neutral: John Cooley Date of Conference: August 23, 2007 participated in good faith: Y, the parties DID NOT achieve a settlement - REFER TO DOCUMENT #282 MEMORANDUM. REDOCKETED USING THE CORRECT EVENT.(MCB) |
Filing 282 MEMORANDUM re #225 Designation of Neutral and ADR Conference Report, Alternative Dispute Resolution Compliance Report by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 281 SURREPLY/RESPONSE to Motion re #92 MOTION for Summary Judgment of Non-Infringement filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 280 DOCKET TEXT ORDER granting #279 Motion for Leave to file sur-reply. Signed by Judge Thomas C. Mummert III on 9/22/07. (BAK, ) Additional attachment(s) added on 8/23/2007 (KLH, ). |
Filing 279 MOTION for Leave to File a Sur-Reply in Support of its Opposition to Diebold's Motion for Summary Judgment by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 278 ORDER - The discovery motions listed in this Order are hereby scheduled for hearing on the Court's discovery docket on 9/26/07 at 10:00 a.m. in the Chambers of the undersigned, #195 Plaintiff's Motion to Compel and #210 Plaintiff's Motion to Compel. If the parties resolve the above discovery disputes prior to the hearing date, counsel shall inform the Court by telephone and confirm in writing the parties' disposition of the matter. Counsel for Sequoia Voting Systems and Election Systems & Software, Inc. need not be present. Motion Hearing set for 9/26/2007 10:00 AM in chambers before Mag Judge Thomas C. Mummert III. Signed by Judge Thomas C. Mummert III on 8/21/07. (BAK, ) |
Filing 277 NOTICE by Plaintiff Avante International Technology Corporation Diebold's Attempt to Quash Avante's Subpoena Duces Tecum Issued to Illinois State Board of Elections and Resulting Order from Central District of Illinois Staying Motion to Quash: (Attachments: #1 Exhibit A - Avante's subpoena duces tecum to ISBE#2 Exhibit B - Diebold's motion to quash or modify subpoena#3 Exhibit C - Opinion from Central District of Illinois)(Pollock, Jo) |
Filing 276 MEMORANDUM AND ORDER ON CLAIM CONSTRUCTION IT IS HEREBY ORDERED that the parties' request for joint claim construction is granted as set forth above. Signed by Judge Thomas C. Mummert III on August 20, 2007. (MCB) |
Filing 275 DOCKET TEXT ORDER granting #272 Motion for Extension of Time to File Response/Reply re #197 MOTION for Partial Summary Judgment Replies due by 8/29/2007. Signed by Judge Thomas C. Mummert III on August 20, 2007. (MCB) |
Filing 274 MEMORANDUM in Opposition re 245 MOTION for Extension Alternative Motion Under Rule 56(f) filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Evans, Robert) |
Filing 273 REPLY to Response to Motion re #92 MOTION for Summary Judgment of Non-Infringement filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Evans, Robert) |
Filing 272 Consent MOTION for Extension of Time to File Response/Reply Unopposed Motion For Extension Of Time To Reply To Plaintiff's Opposition To Election Systems And Software Inc.'S Motion For Partial Summary Judgment Of Invalidity Of Certain Claims Of The '944 Patent by Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 271 ORDER granting #265 Motion for Leave to File Overlength Brief. Signed by Judge Thomas C. Mummert III on 8/9/07. (KLH, ) |
Filing 270 ORDER granting #264 Defendant Diebold Election Systems' Motion for Extension of Time to File Response re 245 Plaintiff's Alternative MOTION Pursuant to Rule 56. Response due by 8/16/2007. Signed by Judge Thomas C. Mummert III on 8/9/07. (KLH, ) |
Filing 269 SUGGESTIONS in Support of #197 Election Systems & Software, Inc.'s MOTION for Partial Summary Judgment of Invalidity of Certain Claims of the '944 Patent, filed by Defendant Diebold Election Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7)(KLH, ) |
Filing 268 ORDER granting #259 Motion for Leave to File Suggestions in Support of Defendant Election Systems & Software, Inc. Motion for Partial Summary Judgment. Signed by Judge Thomas C. Mummert III on 8/9/07. (KLH, ) |
Filing 267 MEMORANDUM Statement of Material Facts as to Which Avante Contends a Genuine Issue Exists by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 266 MEMORANDUM in Opposition re #197 MOTION for Partial Summary Judgment filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - '944 Patent#2 Exhibit B - '944 Patent Application#3 Exhibit C - Avante's Statement of Material Facts#4 Exhibit D - Second Declaration of J.P. Singh#5 Exhibit E - '730 Patent#6 Exhibit F - Prov. App. 60/403,151 Excerpt#7 Exhibit G - Notice of Allowance#8 Exhibit H - '944 Patent Supplementary Amendment, 06/01/2004)(Lesko, Paul) |
Filing 265 MOTION for Leave to File Overlength Brief by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 264 MOTION for Extension of Time to File Response/Reply as to 245 MOTION for Extension Pursuant to Rule 56(f) by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
Filing 263 ORDER granting #261 Motion for Extension of Time to File Reply re #92 MOTION for Summary Judgment of Non-Infringement. Reply due by 8/16/2007. Signed by Judge Thomas C. Mummert III on 8/2/07. (KLH, ) |
Filing 261 MOTION for Extension of Time to File Response/Reply as to 243 Response in Opposition to Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,036,730 by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
Filing 262 SEALED DOCUMENT - Reply in support of #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications by Plaintiff Avante International Technology Corporation. (BAK, ) |
Filing 260 DOCKET TEXT ORDER granting #258 Motion for Leave to File documents under seal. Signed by Judge Thomas C. Mummert III on 8/1/07. (BAK, ) |
Filing 259 MOTION for Leave to file Suggestions in Support by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 SUGGESTIONS IN SUPPORT OF DEFENDANT ELECTION SYSTEMS & SOFTWARE, INC. MOTION FOR PARTIAL SUMMARY JUDGMENT#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5#7 Exhibit 6#8 Exhibit 7)(Gillette, Sara Weilert) |
Filing 258 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 257 DOCKET TEXT ORDER granting #253 Motion for Extension of Time to File Response/Reply re #197 MOTION for Partial Summary Judgment. Responses due by 8/6/2007. Signed by Judge Thomas C. Mummert III on 7/31/07. (BAK, ) |
Filing 256 SURREPLY to Motion re #195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum filed by Defendant Diebold Election Systems. (BAK, ) |
Filing 255 DOCKET TEXT ORDER granting #252 Motion for Leave to File Surreply. Signed by Judge Thomas C. Mummert III on 7/31/07. (BAK, ) |
Filing 254 DOCKET TEXT ORDER granting #251 Motion for Extension of Time to File Response/Reply re #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications. Replies due by 8/1/2007. Signed by Judge Thomas C. Mummert III on 7/31/07. (BAK, ) |
Filing 253 Third MOTION for Extension of Time to File Response/Reply as to #197 MOTION for Partial Summary Judgment by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 252 MOTION for Leave to FILE SURREPLY CONCERNING MOTION TO COMPEL by Defendant Diebold Election Systems. (Attachments: #1 SURREPLY CONCERNING PLAINTIFF?S MOTION TO COMPEL DEFENDANT DIEBOLD ELECTION SYSTEMS TO PRODUCE DOCUMENTS)(Gillette, Sara Weilert) |
Filing 251 MOTION for Extension of Time to File Response/Reply as to #239 Memorandum in Opposition to Motion,, #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 250 REPLY to Response to Motion re #206 MOTION to Strike #185 Answer to Amended Complaint, Counterclaim Paragraph 39 from Election Systems & Software, Inc.'s Amended Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 249 REPLY to Response to Motion re #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B)(Lesko, Paul) |
Filing 248 ORDER granting #242 Motion for Leave to file overlength brief Signed by Judge Thomas C. Mummert III on July 26, 2007. (MCB) |
Filing 247 ORDER granting #241 Motion for Leave to file documents under seal. Signed by Judge Thomas C. Mummert III on July 26, 2007. (MCB) |
Filing 246 ORDER granting #240 Motion for Extension of time related to expert reports ;Extension date: Sept. 14, 2007 for reports on any issue on which a party bears the burden of proof; Oct. 5, 2007 for rebuttal reports and Oct. 29, 2007 for the completion of all expert depositions. Signed by Judge Thomas C. Mummert III on July 26, 2007. (MCB) |
Filing 245 Alternative MOTION to Refuse the Application for Judgment or for Continuance to Respond to Motion for Summary Judgment Pursuant to Rule 56(f), filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH, ) |
Filing 244 STATEMENT of Uncontroverted Material Facts in Support of 243 Response in Opposition re #92 MOTION for Summary Judgment of Non-Infringement of U.S. Patent 7,036,730, filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH, ) |
Filing 243 RESPONSE in Opposition re #92 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 7,036,730, filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH, ) |
Filing 242 MOTION for Leave to File Overlength Brief by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 241 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 240 MOTION for Extension of: Deadlines Related to Expert Reports by Counter Claimants Election Systems & Software, Inc., Diebold Election Systems, Sequoia Voting Systems, Counter Defendant Avante International Technology Corporation, Plaintiff Avante International Technology Corporation, Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Lesko, Paul) |
Filing 239 MEMORANDUM in Opposition re #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Hoekel, Jennifer) |
DOCKET TEXT ORDER denying #231 Motion to Amend the Case Management Order. Signed by Judge Thomas C. Mummert III on 7/18/07. (KLH, ) |
DOCKET TEXT ORDER granting #233 Motion for Extension of Time to File Response re #197 MOTION for Partial Summary Judgment. Response due by 7/30/2007. Signed by Judge Thomas C. Mummert III on 7/18/07. (KLH, ) |
Filing 238 NOTICE of Appointment of Neutral - Neutral name: John W. Cooley. Neutral selected by parties, notice of appointment and order of referral mailed to Neutral John W. Cooley.(SAC, ) |
Filing 237 REPLY to Response to Motion re #195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum, filed by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH, ) |
DOCKET TEXT ORDER granting #230 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 7/18/07. (KLH, ) |
Filing 236 NOTICE - Exhibit #2 by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems re #232 Memorandum in Opposition to Motion, (Hoekel, Jennifer) Modified on 7/18/2007 (RJD). |
Filing 235 NOTICE - Exhibit #1 by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems re #232 Memorandum in Opposition to Motion, (Hoekel, Jennifer) Modified on 7/18/2007 (RJD). |
Filing 234 MEMORANDUM in Opposition re #206 MOTION to Strike #185 Answer to Amended Complaint, Counterclaim Paragraph 39 from Election Systems & Software, Inc.'s Amended Counterclaims Pursuant to Rule 12(f) filed by Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 233 Second MOTION for Extension of Time to File Response/Reply as to #197 MOTION for Partial Summary Judgment by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 232 MEMORANDUM in Opposition re #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f) filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 231 Joint MOTION to Amend/Correct #37 Case Management Order,, by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 230 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 229 SEALED DOCUMENT - REPLY IN SUPPORT of #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications by Plaintiff Avante International Technology Corporation. (BAK, ) |
Filing 228 REPLY to Response to Motion re #208 Second MOTION to Strike #186 Answer to Complaint, Counterclaim Paragraph 16, Including Subparagraphs A-E and G-I (Collectively, "the '872 Patent References") from Sequoia's Amended Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #226 Motion to Supplement re #94 Statement of Material Facts filed by Diebold Election Systems. Signed by Judge Thomas C. Mummert III on 7/12/07. (BAK, ) |
DOCKET TEXT ORDER granting #227 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 7/12/07. (BAK, ) |
Filing 227 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #223 Motion for Extension of Time to File Response/Reply. Responses due by 7/23/2007. Signed by Judge Thomas C. Mummert III on 7/10/07. (BAK, ) |
DOCKET TEXT ORDER granting #224 Motion to Amend/Correct Case Management Order. ADR completion deadline: 8/24/07. Signed by Judge Thomas C. Mummert III on 7/10/07. (BAK, ) |
Filing 226 MOTION to Supplement #94 Statement of Material Facts Exhibit C Only by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1)(Hoekel, Jennifer) |
Filing 225 Designation of Neutral by parties and ADR Conference Report by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems Neutral: Hon. John W. Cooley (Ret.) Date of Conference: August 23, 2007 time: 11:00 a.m. (CST) Location: JAMS, The Resolution Experts, 71 South Wacker Drive, Suite 3090, Chicago, IL 60606(Hoekel, Jennifer) |
Filing 224 Joint MOTION to Amend/Correct #38 Order Referring Case to ADR,, #37 Case Management Order,, by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 223 MOTION for Extension of Time to File Response/Reply as to #92 MOTION for Summary Judgment of Non-Infringement by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #222 Motion for Extension of Time to File Response/Reply re #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications. Responses due by 7/19/2007. Signed by Judge Thomas C. Mummert III on 7/5/07. (BAK, ) |
DOCKET TEXT ORDER granting #220 Motion for Extension of time to respond to plantiff's motion to strike #206 ;Extension date: 7/17/07. Signed by Judge Thomas C. Mummert III on 7/5/07. (BAK, ) |
Filing 222 MOTION for Extension of Time to File Response/Reply as to #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
Filing 221 MEMORANDUM in Opposition re #195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 Exhibit 1)(Hoekel, Jennifer) |
DOCKET TEXT ORDER granting #218 Motion for Extension of Time to File Response/Reply re #197 MOTION for Partial Summary Judgment. Responses due by 7/23/2007. Signed by Judge Thomas C. Mummert III on 7/3/07. (BAK, ) |
DOCKET TEXT ORDER granting #217 Motion for Extension of Time to File Response/Reply re #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f). Responses due by 7/17/2007. Signed by Judge Thomas C. Mummert III on 7/3/07. (BAK, ) |
Filing 220 MOTION for Extension (Agreed) of: Time To Respond To Plaintiff's Motion to Strike by Defendant Election Systems & Software, Inc.. (Hinderks, Mark) |
Filing 219 RESPONSE in Opposition re #208 Second MOTION to Strike #186 Answer to Complaint, Counterclaim Paragraph 16, Including Subparagraphs A-E and G-I (Collectively, "the '872 Patent References") from Sequoia's Amended Counterclaims Pursuant to Rule 12(f) filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 218 MOTION for Extension of Time to File Response/Reply as to #197 MOTION for Partial Summary Judgment of Certain Claims of the '944 Patent by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 217 MOTION for Extension of Time to File Response/Reply as to #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f) by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
DOCKET TEXT ORDER granting #212 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 6/28/07. (KLH, ) |
DOCKET TEXT ORDER granting #215 Motion for Extension of Time to File Response re #92 MOTION for Summary Judgment of Non-Infringement. Response due by 7/9/2007. Signed by Judge Thomas C. Mummert III on 6/28/07. (KLH, ) |
DOCKET TEXT ORDER granting #214 Motion for Extension of Time to File Response/Reply re #195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum. Responses due by 7/3/2007. Signed by Judge Thomas C. Mummert III on June 28, 2007. (MCB) |
Filing 216 EXHIBITS Received: G, H, and I re #210 Motion to Compel, #211 Memorandum in Support, by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH, ) |
Filing 215 MOTION for Extension of Time to File Response/Reply as to #92 MOTION for Summary Judgment of Non-Infringement by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 214 MOTION for Extension of Time to File Response/Reply as to #195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 213 SUPPLEMENTAL re #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications Text Of Proposed Order by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 212 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 211 MEMORANDUM in Support of Motion re #210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit J#8 Exhibit K#9 Exhibit Group L#10 Exhibit M#11 Exhibit N#12 Exhibit Group O)(Pollock, Jo) |
Filing 210 MOTION to Compel Defendant Diebold Election Systems To Produce Equipment, Documents, Firmware, Source Code, And Interrogatory Verifications by Plaintiff Avante International Technology Corporation. (Pollock, Jo) |
Filing 209 MEMORANDUM in Support of Motion re #208 Second MOTION to Strike #186 Answer to Complaint, Counterclaim Paragraph 16, Including Subparagraphs A-E and G-I (Collectively, "the '872 Patent References") from Sequoia's Amended Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 208 Second MOTION to Strike #186 Answer to Complaint, Counterclaim Paragraph 16, Including Subparagraphs A-E and G-I (Collectively, "the '872 Patent References") from Sequoia's Amended Counterclaims Pursuant to Rule 12(f) by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 207 MEMORANDUM in Support of Motion re #206 MOTION to Strike #185 Answer to Amended Complaint, Counterclaim Paragraph 39 from Election Systems & Software, Inc.'s Amended Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 206 MOTION to Strike #185 Answer to Amended Complaint, Counterclaim Paragraph 39 from Election Systems & Software, Inc.'s Amended Counterclaims Pursuant to Rule 12(f) by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 205 MEMORANDUM in Support of Motion re #204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 204 MOTION to Strike #184 Answer to Complaint, Counterclaim Paragraph 38 from Diebold Election Systems' Amended Counterclaims Pursuant to Rule 12(f) by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 203 ANSWER to Counterclaim (Amended) Filed by Sequoia Voting Systems to Third Amended Complaint by Avante International Technology Corporation.(Rogers-Manning, Jill) |
Filing 202 ANSWER to Counterclaim (Amended) Filed by Election Systems & Software, Inc. to Third Amended Complaint by Avante International Technology Corporation.(Rogers-Manning, Jill) |
Filing 201 ANSWER to Counterclaim (Amended) Filed by Diebold Election Systems to Third Amended Complaint by Avante International Technology Corporation.(Rogers-Manning, Jill) |
Filing 200 SEALED DOCUMENT - EXHIBIT C to #195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum by Plaintiff Avante International Technology Corporation. (BAK, ) |
Filing 199 NOTICE by Plaintiff Avante International Technology Corporation Entry of Appearance: (Pollock, Jo) |
DOCKET TEXT ORDER granting #192 Motion for Extension of Time to Answer Amended Counterclaims ;Extension date: 6/21/07. Signed by Judge Thomas C. Mummert III on 6/18/07. (BAK, ) |
DOCKET TEXT ORDER granting #193 Motion for Extension : of Time to Answer Amended Counterclaims ;Extension date: 6/21/07. Signed by Judge Thomas C. Mummert III on 6/18/07. (BAK, ) Modified on 6/18/2007 (BAK, ). |
DOCKET TEXT ORDER granting #194 Motion for Extension : of TIme to Answer Amended Counterclaims ;Extension date: 6/21/07. Signed by Judge Thomas C. Mummert III on 6/18/07. (BAK, ) |
DOCKET TEXT ORDER granting #196 Motion for Leave to File Documents Under Seal. Signed by Judge Thomas C. Mummert III on 6/18/07. (BAK, ) |
Filing 198 MEMORANDUM in Support of Motion re #197 MOTION for Partial Summary Judgment filed by Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit A)(Smith, Victoria) |
Filing 197 MOTION for Partial Summary Judgment by Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
Filing 196 MOTION for Leave to File Documents Under Seal by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 195 MOTION to Compel Defendant Diebold Election Systems to Produce Documents Responsive to Plaintiff's Document Request No. 64, and Incorporated Memorandum by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H)(Rogers-Manning, Jill) |
Filing 194 MOTION for Extension of: Time To File Answer or Otherwise Respond to Sequoia Voting Systems' Amended Counterclaims by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 193 MOTION for Extension of: Time To File Answer or Otherwise Respond to Election Systems & Software, Inc.'s Amended Counterclaims by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 192 MOTION for Extension of: Time To File Answer or Otherwise Respond to Diebold Election Systems Amended Counterclaims by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 191 Minute Entry for proceedings held before Judge Thomas C. Mummert III: Status Conference held on 6/13/2007. (proceedings started: 8:00.) (proceedings ended: 8:45.) (BAK, ) |
Filing 190 SURREPLY/RESPONSE to Motion re #127 MOTION to Dismiss :Counts XI and XIII, and Motion to Strike Paragraphs 34 - 56, 98 and 99 of Plaintiff's Third Amended Complaint, #133 MOTION to Dismiss :Claims X and XII of Plaintiff's Third Amended Complaint filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Complaint#2 Exhibit B - Answer and Counterclaim)(Lesko, Paul) |
DOCKET TEXT ORDER denying #171 Motion to Compel Diebold Election Systems to Produce its Inspection Video of Sequoia Voting Systems' Voting Equipment by Plaintiff Avante International Technology Corporation. Signed by Judge Thomas C. Mummert III on 6/1/07. (KLH, ) |
Filing 189 Minute Entry for proceedings held before Judge Thomas C. Mummert III: Markman Hearing held on 6/1/2007. Parties present for Markman Hearing. Hearing conducted. Issues/Arguments heard. The Court takes the matter under consideration. (Court Reporter or FTR Gold Operator initials:T. Hopwood/jmw) (FTR Gold yes or no: yes) (proceedings started: 8:32 a.m.) (proceedings ended: 11:16 a.m.) (JMW) |
Filing 188 Minute Entry for proceedings held before Judge Thomas C. Mummert III: Status Conference held on 5/31/2007. (proceedings started: 1:30.) (proceedings ended: 2:00.) (BAK, ) |
Filing 187 NOTICE by Defendant Diebold Election Systems and plaintiff and all defendants of Revised Joint Claim Construction and Prehearing Statement: (Attachments: #1 Exhibit A - 730 Claim Chart#2 Exhibit B - 944 Claim Chart#3 Exhibit C - 313 Claim Chart)(Hoekel, Jennifer) |
Filing 186 Amended ANSWER to Third Amended Complaint #118 , COUNTERCLAIM against plaintiff Avante International Technology Corporation by Sequoia Voting Systems.(BAK, ) |
Filing 185 First Amended ANSWER to Third Amended Complaint, COUNTERCLAIM against plaintiff Avante International Technology Corporation by Election Systems & Software, Inc..(BAK, ) |
Filing 184 AMENDED ANSWER to Third Amended Complaint #118 with Jury Demand, COUNTERCLAIM against plaintiff Avante International Technology Corporation Jury demand, by Diebold Election Systems.(BAK, ) |
Filing 183 ORDER granting #168 Motion for Leave to File an Amended Answer and Counterclaims, granting #169 Motion for Leave to File First Amended Answer to Plaintiff's Third Amended Complaint, granting #170 Motion for Leave to file Amended Answer and Counterclaims, and granting #173 Motion for Leave to File a Three-page surreply to a Pending Motion to Dismiss Various Counts of its Thrid Amended Complaint. Signed by Judge Thomas C. Mummert III on 5/31/07. (BAK, ) |
DOCKET TEXT ORDER granting #181 MOTION to Withdraw #164 MOTION to Strike #150 Notice (Other) Defendants' Microsoft Dictionary Reference from Defendants' Joint Claim Construction (Docket Number 150) and Defendants' Microsoft Dictionary Definition and Deposition Excerpts from Defendant's Initial Claim Construction Brief (Docket No. 161)("Motion to Strike"). Signed by Judge Thomas C. Mummert III on 5/30/2007. (JMW) |
Filing 182 RESPONSE to Motion re #171 MOTION to Compel Diebold Election Systems to Produce its Inspection Video of Sequoia Voting Systems' Voting Equipment filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 181 MOTION to Withdraw #164 MOTION to Strike #150 Notice (Other), Notice (Other) Defendants' Microsoft Dictionary Reference from Defendants' Joint Claim Construction (Docket Number 150) and Defendants' Microsoft Dictionary Definition and Deposition Excerpts fr by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #176 Motion for Leave to FIle Overlength Brief. Signed by Judge Thomas C. Mummert III on 5/23/07. (BAK, ) |
DOCKET TEXT ORDER granting #178 Motion for Leave to File Overlength Brief. Signed by Judge Thomas C. Mummert III on 5/23/07. (BAK, ) |
Filing 180 RESPONSE in Opposition re #164 MOTION to Strike #150 Notice (Other), Notice (Other) Defendants' Microsoft Dictionary Reference from Defendants' Joint Claim Construction (Docket Number 150) and Defendants' Microsoft Dictionary Definition and Deposition Excerpts fr filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit Microsoft Dictionary)(Ewald, Peter) |
DOCKET TEXT ORDER granting #175 Motion to Amend/Correct the Case Management Order. Signed by Judge Thomas C. Mummert III on 5/21/07. (KLH, ) |
Filing 179 MEMORANDUM re #158 Markman Brief,, in Response to Plaintiff's Claim Construction Brief by Counter Claimants Election Systems & Software, Inc., Diebold Election Systems, Sequoia Voting Systems, Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Evans, Robert) |
Filing 178 MOTION for Leave to File Overlength Brief by Counter Claimants Election Systems & Software, Inc., Diebold Election Systems, Sequoia Voting Systems, Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Evans, Robert) |
Filing 177 MEMORANDUM re #161 Markman Brief, in Response to Defendants' Claim Construction Brief by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit L)(Lesko, Paul) |
Filing 176 MOTION for Leave to File Overlength Brief by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 175 Joint MOTION to Amend/Correct #37 Case Management Order,, Defendants' Joint (Unopposed) Motion to extend the deadline one business day to permit parties to file Claim Construction Answering Briefs to May 21, 2007 filed by Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 174 ORDER - (see Order for specifics) In Court Hearing (pre-hearing conference) set for 6/1/2007 09:00 AM in Courtroom 13N before Mag Judge Thomas C. Mummert III. Signed by Judge Thomas C. Mummert III on 5/18/2007. (JMW) |
Filing 173 MOTION for Leave to File Three-Page Surreply to Sequoia Voting Systems' and Diebold Election Systems' Motions To Dismiss Counts XI And XIII and Counts X And XII, Respectively, of the Third Amended Complaint File Surreply by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B)(Lesko, Paul) |
Filing 172 MEMORANDUM in Support of Motion re #171 MOTION to Compel Diebold Election Systems to Produce its Inspection Video of Sequoia Voting Systems' Voting Equipment filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B)(Lesko, Paul) |
Filing 171 MOTION to Compel Diebold Election Systems to Produce its Inspection Video of Sequoia Voting Systems' Voting Equipment by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 170 MOTION for Leave to File Amended Answer and Counterclaims by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Amended Answer and Counterclaims)(Ewald, Peter) |
Filing 169 MOTION for Leave to File First Amended Answer to Plaintiff's Third Amended Complaint and Memorandum of Law in Support by Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit First Amended Answer)(Smith, Victoria) |
Filing 168 MOTION for Leave to FILE AMENDED ANSWER AND COUNTERCLAIMS by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 AMENDED ANSWER AND COUNTERCLAIMS)(Hoekel, Jennifer) |
Filing 167 SEALED DOCUMENT - EXHIBIT I to #158 Markman Brief,, by Plaintiff Avante International Technology Corporation. (BAK, ) |
Filing 166 REPLY to Response to Motion re #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 165 MEMORANDUM in Support of Motion re #164 MOTION to Strike #150 Notice (Other), Notice (Other) Defendants' Microsoft Dictionary Reference from Defendants' Joint Claim Construction (Docket Number 150) and Defendants' Microsoft Dictionary Definition and Deposition Excerpts fr filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 164 MOTION to Strike #150 Notice (Other), Notice (Other) Defendants' Microsoft Dictionary Reference from Defendants' Joint Claim Construction (Docket Number 150) and Defendants' Microsoft Dictionary Definition and Deposition Excerpts from Defendants' Initial Claim Construction Brief (Docket No. 161) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 163 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc. re #161 Markman Brief, (Attachments: #1 Exhibit 4, Part 1#2 Exhibit 4, Part 2#3 Exhibit 4, Part 3#4 Exhibit 4e#5 Exhibit 4d, Part 1#6 Exhibit 4d, Part 2#7 Exhibit 4c#8 Exhibit 4b, Part 1#9 Exhibit 4b, Part 2#10 Exhibit 4a, Part 1#11 Exhibit 4a, Part 2#12 Exhibit 5, Part 1#13 Exhibit 5, Part 2#14 Exhibit 6, Part 1#15 Exhibit 6a#16 Exhibit 6, Part 3#17 Exhibit 6, Part 4)(Gillette, Sara Weilert) |
Filing 162 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Counter Claimants Election Systems & Software, Inc., Diebold Election Systems, Sequoia Voting Systems, Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc. re #161 Markman Brief, (Hoekel, Jennifer) |
Filing 161 MARKMAN BRIEF by Counter Claimants Election Systems & Software, Inc., Diebold Election Systems, Sequoia Voting Systems, Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc. re #160 . (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 7#5 Exhibit 8#6 Exhibit 9#7 Exhibit 10#8 Exhibit 11#9 Exhibit 12#10 Exhibit 13)(Hoekel, Jennifer) |
Filing 160 MOTION for Leave to File Initial Claim Construction Brief Out of Time by Counter Claimants Election Systems & Software, Inc., Diebold Election Systems, Sequoia Voting Systems, Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Hoekel, Jennifer) |
DOCKET TEXT ORDER granting #160 Motion for Leave to File Markman Brief out of time. Signed by Judge Thomas C. Mummert III on 5/8/07. (BAK, ) |
DOCKET TEXT ORDER granting #159 Motion to Seal Exhibit I to #158 Markman Brief. Signed by Judge Thomas C. Mummert III on 5/8/07. (BAK, ) |
DOCKET TEXT ORDER granting #157 Motion for Leave to File in Excess of Page Limitation. Signed by Judge Thomas C. Mummert III on 5/8/07. (BAK, ) |
Filing 159 MOTION to Seal Document #158 Markman Brief,, Exhibit I to Markman Brief, by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 158 MARKMAN BRIEF by Plaintiff Avante International Technology Corporation. (Attachments: #1 Supplement Claim Construction Brief, Part 2#2 Supplement Claim Construction Brief, Part 3#3 Supplement Claim Construction Brief, Part 4#4 Supplement Claim Construction Brief, Part 5#5 Supplement Claim Construction Brief, Part 6#6 Exhibit A, Part 1 - '730 Patent#7 Exhibit A, Part 2 - '730 Patent#8 Exhibit B, Part 1 - '944 Patent#9 Exhibit B, Part 2 - '944 Patent#10 Exhibit C, Part 1 - '313 Patent#11 Exhibit C, Part 2 - '313 Patent#12 Exhibit D#13 Exhibit E#14 Exhibit F#15 Exhibit G#16 Exhibit H#17 Exhibit I#18 Exhibit J#19 Exhibit K)(Lesko, Paul) |
Filing 157 Joint MOTION for Leave to File in Excess of Page Limitation by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #156 Motion to Amend/Correct Case Management Order Signed by Judge Thomas C. Mummert III on 5/7/07. (BAK, ) |
Filing 156 Joint MOTION to Amend/Correct the Case Management Order by Defendant Election Systems & Software, Inc.. (Smith, Victoria) |
DOCKET TEXT ORDER granting #155 Motion for Extension of Time to File Response/Reply as to #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims; Extension ddl 5/11/2007. Signed by Judge Thomas C. Mummert III on 5/3/2007. (JMW) |
Filing 155 MOTION for Extension of Time to File Response/Reply as to #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 154 NOTICE of Appointment of Neutral Neutral name: John W.Cooley. Neutral selected by parties, notice of appointment and order of referral mailed to Neutral Cooley.(SAC, ) |
DOCKET TEXT ORDER granting #151 Motion to Amend/Correct the Case Management Order to May 14, 2007 Signed by Judge Thomas C. Mummert III on 4/30/2007. (JMW) Modified on 4/30/2007 (JMW), add text. |
Filing 153 RESPONSE in Opposition re #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 152 Designation of Neutral by parties and ADR Conference Report by Defendant Diebold Election Systems Neutral: John W. Cooley Date of Conference: TBD time: TBD Location: TBD(Hoekel, Jennifer) |
Filing 151 Joint MOTION to Amend/Correct Case Management Order by Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
DOCKET TEXT ORDER granting #149 Motion for Extension of Time to File Response/Reply re #149 First MOTION for Extension of Time to File Response/Reply as to #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) Responses due by 4/12/2007 Signed by Judge Thomas C. Mummert III on 4/25/07. (BAK, ) |
Filing 150 NOTICE by Defendant Diebold Election Systems and plaintiff and all defendants of Joint Claim Construction and Prehearing Statement: (Attachments: #1 Exhibit A - 730 Claim Chart#2 Exhibit B - 944 Claim Chart#3 Exhibit C - 313 Claim Chart)(Hoekel, Jennifer) |
Filing 149 First MOTION for Extension of Time to File Response/Reply as to #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) by Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 148 ANSWER to Counterclaim (Diebold's Second Amended) by Avante International Technology Corporation.(Lesko, Paul) |
Filing 147 REPLY to Response to Motion re #133 MOTION to Dismiss :Claims X and XII filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 146 REPLY to Response to Motion re #127 MOTION to Dismiss :Counts XI and XIII, and Motion to Strike Paragraphs 34 - 56, 98 and 99 of Plaintiff's Third Amended Complaint For Failure to State a Claim and to Strike Plaintiff Avante's Allegations of Willful Patent Infringement filed by Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1)(Ewald, Peter) |
DOCKET TEXT ORDER granting #145 Motion to Amend the Case Management Order and Order Referring Case to ADR. Signed by Judge Thomas C. Mummert III on 4/13/07. (KLH, ) |
Filing 145 Consent MOTION to Amend/Correct #37 Case Management Order, by Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 144 Plaintiff's ANSWER to Counterclaim by Avante International Technology Corporation.(Lesko, Paul) |
Filing 143 MEMORANDUM in Support of Motion re #142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 142 MOTION to Strike Paragraphs 17-22 and 24-26 (Collectively, "the '872 Patent References") from Sequoia's Counterclaims Pursuant to Rule 12(f) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 141 Plaintiff's ANSWER to Counterclaim for Declaratory Judgment Filed by Election Systems & Software, Inc. by Avante International Technology Corporation.(Lesko, Paul) |
DOCKET TEXT ORDER granting #140 Motion for Extension of Time to Answer Counterclaim; Extension date: 4/12/07. Signed by Judge Thomas C. Mummert III on 4/9/07. (KLH, ) |
Filing 140 MOTION for Extension of Time to Answer Counterclaims of: three days by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #137 Motion to Amend/Correct the Case Management Order Signed by Judge Thomas C. Mummert III on 4/4/2007. (JMW) |
Filing 139 RESPONSE in Opposition re #127 MOTION to Dismiss :Counts XI and XIII, and Motion to Strike Paragraphs 34 - 56, 98 and 99 of Plaintiff's Third Amended Complaint filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A)(Lesko, Paul) |
Filing 138 RESPONSE to Motion re #133 MOTION to Dismiss :Claims X and XII of the Third Amended Complaint filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A)(Lesko, Paul) |
Filing 137 Joint MOTION to Amend/Correct #37 Case Management Order,, by Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Hoekel, Jennifer) |
DOCKET TEXT ORDER granting #136 Motion for Extension of time to respond to motion to dismiss up to and including April 3, 2007. Signed by Judge Thomas C. Mummert III on 3/23/07. (BAK, ) |
Filing 136 First MOTION for Extension of Time to Respond to Sequoia Voting Systems' Motion to Dismiss Counts XI and XIII of the Third Amended Complaint of: seven days by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 135 ANSWER to Amended Complaint, Amended COUNTERCLAIM against plaintiff Avante International Technology Corporation by Diebold Election Systems, Diebold Election Systems.(Hoekel, Jennifer) |
Filing 134 MEMORANDUM in Support of Motion re #133 MOTION to Dismiss :Claims X and XII filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 133 MOTION to Dismiss :Claims X and XII by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
ORDER RECEIPT: (see receipt) Tue Mar 20 15:39:12 CDT 2007 (MCB, ) |
DOCKET TEXT ORDER granting #130 Motion for Leave to Appear Pro Hac Vice Emerson V. Briggs, III. Signed by Judge Thomas C. Mummert III on March 20, 2007. (MCB) |
Filing 132 PROTECTIVE ORDER - See Protective Order for further details. Signed by Judge Thomas C. Mummert III on March 19, 2007. (MCB) |
Filing 131 ORDER granting #63 Motion for Protective Order insofar as the proposed protective order submitted on March 15, 2007, as been signed as modified. Signed by Judge Thomas C. Mummert III on March 19, 2007. (MCB) |
Filing 130 MOTION for Leave to Appear Pro Hac Vice Emerson V. Briggs, III (Filing fee $100) by Counter Claimants Sequoia Voting Systems, Defendant Sequoia Voting Systems. (JMW) |
Receipt # S2007-005016 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of BRIGGS, EMERSON V. III. (CSW,) |
ORDER RECEIPT: (see receipt) Mon Mar 19 17:02:06 CDT 2007 (MCB, ) |
ORDER RECEIPT: (see receipt) Mon Mar 19 16:58:51 CDT 2007 (MCB, ) |
Filing 129 ANSWER to Amended Complaint Third Amended Complaint, COUNTERCLAIM against plaintiff Avante International Technology Corporation by Election Systems & Software, Inc.(Smith, Victoria) |
Filing 128 MEMORANDUM in Support of Motion re #127 MOTION to Dismiss :Counts XI and XIII, and Motion to Strike Paragraphs 34 - 56, 98 and 99 of Plaintiff's Third Amended Complaint filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5 (H))(Ewald, Peter) Modified on 3/16/2007 (KLH, ). |
Filing 127 MOTION to Dismiss :Counts XI and XIII, and Motion to Strike Paragraphs 34 - 56, 98 and 99 of Plaintiff's Third Amended Complaint by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 126 NOTICE: Joint Proposed Protective Order pursuant #123 Memorandum & Order re #63 Joint MOTION for Protective Order, by Defendant Election Systems & Software, Inc. (Smith, Victoria) Modified on 3/16/2007 (KLH, ). |
Filing 125 ANSWER to Amended Complaint (Third), Amended COUNTERCLAIM against plaintiff Avante International Technology Corporation, Avante International Technology Corporation, Avante International Technology Corporation, Avante International Technology Corporation, Avante International Technology Corporation by Sequoia Voting Systems, Sequoia Voting Systems, Sequoia Voting Systems.(Ewald, Peter) |
DOCKET TEXT ORDER granting #124 Motion for Extension of Time to Answer; answer due by 3/22/07. Signed by Judge Thomas C. Mummert III on 3/15/07. (BAK, ) |
Filing 124 MOTION for Extension of Time to File Answer to Plaintiff's Third Amended Complaint by Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
Filing 123 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the parties are to provide the Court with a draft of the protective order resolving their joint motion for a protective order #63 within 5 days of the date of this Order. Failure to comply with this Order will result in the denial of the motion as moot. Response to Court due by 3/19/2007. Signed by Judge Thomas C. Mummert III on 3/14/07. (BAK, ) |
Filing 122 Plaintiff's ANSWER to Counterclaim (Sequoia's First Amended) by Avante International Technology Corporation.(Lesko, Paul) |
Filing 121 Plaintiff's ANSWER to Counterclaim for Declaratory Judgment by Avante International Technology Corporation.(Lesko, Paul) |
Filing 120 Plaintiff's ANSWER to Counterclaim (Diebold's First Amended) by Avante International Technology Corporation.(Lesko, Paul) |
Filing 119 REPORT to Commissioner of filing or determination of an action regarding patent - Second Amended Complaint filed on 1/22/07. (MCB) |
Filing 118 THIRD AMENDED COMPLAINT with Exhibits A - P attached against defendant Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc. Amendment to: #83 Second Amended Complaint, filed by Avante International Technology Corporation. (MCB) Attachment of Third Amended Complaint added on 10/18/2007 pursuant #310 Order unsealing the Third Amended Complaint, Exhibits A - P REMAIN FILED UNDER SEAL. (KLH, ) |
DOCKET TEXT ORDER granting 114 Motion for Leave to file third amended complaint Signed by Judge Thomas C. Mummert III on February 23, 2007. (MCB) |
DOCKET TEXT ORDER granting #116 Motion for leave to file Exhibits A -P to its Third Amended Complaint under seal. Signed by Judge Thomas C. Mummert III on February 23, 2007. (MCB) |
DOCKET TEXT ORDER granting #117 Motion for Extension of Time to Answer plaintiff's third amended complaint ;answer due by in 20 days. Signed by Judge Thomas C. Mummert III on February 23, 2007. (MCB) |
Filing 117 Joint MOTION for Extension of Time to File Answer re 114 MOTION for Leave to to File Third Amended Complaint by Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Hoekel, Jennifer) |
DOCKET TEXT ORDER granting [] Motion to withdrawal of Nicholas Iavarone for Plaintiff Avante International. Signed by Judge Thomas C. Mummert III on February 20, 2007. (MCB) |
Filing 116 MOTION for Leave to file documents under seal by Plaintiff Avante International Technology Corporation. (Lesko, Paul) Modified on 2/20/2007 (MCB). |
MOTION Re: Notice of Withdrawal of Nicholas P. Iavarone by Plaintiff Avante International Technology Corporation. (MCB) |
Filing 115 NOTICE of Withdrawal by Nicholas P. Iavarone from representation of Plaintiff Avante International Technology Corporation (KLH, ) Attorney Iavarone termed (KLH, ). |
Filing 114 MOTION for Leave to File Third Amended Complaint and Memorandum in Support, with Third Amended Complaint, Exhibits A-P, and Proposed Order by Plaintiff Avante International Technology Corporation. FILED UNDER SEAL. (KLH, ) |
Filing 113 ORDER Avante's Response re: #92 MOTION for Summary Judgment of Non-Infringement filed by Diebold Election Systems will be due 30 days after the Markman Hearing and Diebold's Reply is due 30 days after Avante's Response. Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 112 ORDER denying as moot #85 Motion for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c). Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 111 ORDER granting #73 Motion to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b). Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 110 ORDER denying #70 Motion to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a). Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 109 ORDER denying #67 Motion to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a). Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 108 ORDER Defendants may have 30 days following Avante's 30(b)(6) deposition to amend the pleading to add any inequitable conduct claim(s). Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 107 ORDER granting in part and denying in part #58 Motion to Compel Compliance with the Case Management Order. Signed by Judge Thomas C. Mummert III on 2/15/07. (KLH, ) |
Filing 106 Minute Entry for proceedings held before Judge Thomas C. Mummert III: Motion Hearing held on 2/15/2007 re #58 MOTION to Compel Compliance with the Case Management Order filed by Sequoia Voting Systems, #63 Joint MOTION for Protective Order filed by Sequoia Voting Systems, #67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) filed by Avante International Technology Corporation, #70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) filed by Avante International Technology Corporation, #73 MOTION to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b) filed by Diebold Election Systems, #85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c) filed by Avante International Technology Corporation, #90 Joint MOTION for Extension of Time to File Response/Reply as to #83 Amended Complaint, filed by Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc. (proceedings started: 9:00.) (proceedings ended: 12:00.) (KLH, ) |
DOCKET TEXT ORDER granting #90 Motion for Extension of Time to File Response re #83 Amended Complaint. Signed by Judge Thomas C. Mummert III on 2/14/07. (KLH, ) |
Filing 105 REPLY to Response to Motion re #85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 104 REPLY to Response to Motion re #73 MOTION to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b) filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 Exhibit D)(Hoekel, Jennifer) |
Filing 103 MEMORANDUM in Opposition re #85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c) filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
DOCKET TEXT ORDER granting #98 Motion for Extension of Time to File Response/Reply re #85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c) Responses due by 2/8/2007 Signed by Judge Thomas C. Mummert III on 2/7/07. (BAK, ) |
Filing 102 ANSWER to Amended Complaint, Amended COUNTERCLAIM against plaintiff Avante International Technology Corporation by Sequoia Voting Systems, Sequoia Voting Systems.(Ewald, Peter) |
Filing 101 ANSWER OF ELECTION SYSTEMS & SOFTWARE, INC. TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND COUNTERCLAIMS OF ELECTION SYSTEMS & SOFTWARE, INC. ANSWER to Amended Complaint, COUNTERCLAIM against plaintiff Avante International Technology Corporation by Election Systems & Software, Inc..(Smith, Victoria) |
Filing 99 ANSWER to Amended Complaint, Amended COUNTERCLAIM against plaintiff Avante International Technology Corporation by Diebold Election Systems, Diebold Election Systems.(Hoekel, Jennifer) |
Filing 98 MOTION for Extension of Time to File Response/Reply as to #85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c), #84 Memorandum in Opposition to Motion, by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
DOCKET TEXT ORDER granting #96 Motion to Seal Document. Signed by Judge Thomas C. Mummert III on 2/6/2007. (JMW) |
DOCKET TEXT ORDER granting #95 Motion for Leave to File in Excess of Page Limitation. Signed by Judge Thomas C. Mummert III on 2/6/2007. (JMW) |
Filing 100 SEALED DOCUMENTS: Exhibits E,F, and G re #94 Statement of Material Facts by Defendant Diebold Election Systems. (KLH, ) |
Filing 97 NOTICE by Defendant Diebold Election Systems re #94 Statement of Material Facts (Evans, Robert) |
Filing 96 MOTION to Seal Document #94 Statement of Material Facts by Defendant Diebold Election Systems. (Evans, Robert) |
Filing 95 MOTION for Leave to File in Excess of Page Limitation by Defendant Diebold Election Systems. (Evans, Robert) |
Filing 94 STATEMENT of Material Facts re #92 MOTION for Summary Judgment of Non-Infringement filed by Defendant Diebold Election Systems. (Attachments: #1 Exhibit A#2 Exhibit B# 3 Exhibit C#4 Exhibit D)(Evans, Robert) Additional attachment(s) added on 7/12/2007 (BAK, ). |
Filing 93 MEMORANDUM in Support of Motion re #92 MOTION for Summary Judgment of Non-Infringement filed by Defendant Diebold Election Systems. (Evans, Robert) |
Filing 92 MOTION for Summary Judgment of Non-Infringement by Defendant Diebold Election Systems. (Evans, Robert) |
DOCKET TEXT ORDER granting #91 Motion to Amend/Correct Case Management Order. Signed by Judge Thomas C. Mummert III on 2/2/07. (BAK, ) |
Filing 91 Joint MOTION to Amend/Correct Case Management Order by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 90 Joint MOTION for Extension of Time to File Response/Reply as to #83 Amended Complaint, by Defendants Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc.. (Hoekel, Jennifer) |
Filing 89 SCHEDULING ORDER: Discovery Hearing set for 2/15/2007 09:00 AM in In Chambers before Mag Judge Thomas C. Mummert III re: #85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c) filed by Avante International Technology Corporation, #73 MOTION to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b) filed by Diebold Election Systems, #70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) filed by Avante International Technology Corporation, #67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) filed by Avante International Technology Corporation, #58 MOTION to Compel Compliance with the Case Management Order filed by Sequoia Voting Systems, #63 Joint MOTION for Protective Order filed by Sequoia Voting Systems. Signed by Judge Thomas C. Mummert III on 1/30/07. (KLH, ) |
Filing 88 SEALED DOCUMENT - Exhibit A re #87 Reply to Response to Motion, by Plaintiff Avante International Technology Corporation. (MCB) |
Filing 87 REPLY to Response to Motion re #70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 86 REPLY to Response to Motion re #67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
DOCKET TEXT ORDER granting #82 Motion for Extension: of Time to Respond to Diebold's Motion to Compel 30(b)(6) Deposition; Extension date: January 25, 2007. Signed by Judge Thomas C. Mummert III on 1/29/07. (KLH, ) |
Filing 85 MOTION for Protective Order Pursuant to Federal Rule of Civil Procedure 26(c) by Plaintiff Avante International Technology Corporation. (Attachments: #1 Text of Proposed Order)(Lesko, Paul) |
Filing 84 MEMORANDUM in Opposition re #73 MOTION to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b) filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Lesko, Paul) |
Filing 83 SECOND AMENDED COMPLAINT against defendant all defendants , filed by Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M)(Lesko, Paul) Modified on 1/23/2007 (MCB). |
Filing 82 First MOTION for Extension of: Time to Respond to Diebold's Motion to Compel 30(b)(6) Deposition by Plaintiff Avante International Technology Corporation. (Rogers-Manning, Jill) |
Filing 81 ORDER - IT IS HEREBY ORDERED that the parties are to provide the Court with courtesy copies of any pleadings exceeding fifteen pages in length. This Order is effective with the 1/18/07, memorandum in opposition to a motion to compel. Signed by Judge Thomas C. Mummert III on 1/19/07. (BAK, ) |
Filing 80 MEMORANDUM in Opposition re #67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Ewald, Peter) |
Filing 79 REPLY to Response to Motion re #58 MOTION to Compel Compliance with the Case Management Order filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3)(Ewald, Peter) |
Filing 78 MEMORANDUM in Opposition re #70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 Exhibit 1)(Hoekel, Jennifer) |
Filing 77 ORDER granting #64 Motion to Amend/Correct Signed by Judge Thomas C. Mummert III on January 18, 2007. (MCB) |
DOCKET TEXT ORDER granting #76 Motion to Amend/Correct Signed by Judge Thomas C. Mummert III on 1/18/2007. (JMW) |
Filing 76 Consent MOTION to Amend/Correct #37 Case Management Order,, re: Amendment of Pleadings Deadline by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 75 SCHEDULING ORDER: The discovery motion listed in this Order is hereby scheduled for hearing on the Court's discovery docket on February 5, 2007, at 9:00 a.m. in the Courtroom of the undersigned, 13th Floor North. Defendant Diebold Election Systems, Inc.'s Motion to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(6) [Doc. 73]. If the parties resolve the above discovery disputes prior to the hearing date, counselshall inform the Court by telephone and confirm in writing the parties' disposition of the matters. Motion Hearing set for 2/5/2007 09:00 AM in Courtroom 13N before Mag Judge Thomas C. Mummert III. Signed by Judge Thomas C. Mummert III on 1/17/2007. (JMW) |
Filing 74 MEMORANDUM in Support of Motion re #73 MOTION to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b) filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Attachments: #1 Exhibit A - Notice of Deposition#2 Exhibit B - Revised Notice of Deposition#3 Exhibit C - Letter from Lesko to Hoekel re Diebold's Rule 30(B)(6))(Hoekel, Jennifer) |
Filing 73 MOTION to Compel Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(b) by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 72 SCHEDULING ORDER: The following discovery motions are scheduled for hearing: #70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) filed by Avante International Technology Corporation,, #67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) filed by Avante International Technology Corporation, Motion Hearing set for 2/5/2007 09:00 AM in Courtroom 13N before Mag Judge Thomas C. Mummert III.. Signed by Judge Thomas C. Mummert III on 1/10/07. (BAK, ) |
DOCKET TEXT ORDER granting #68 Motion for Extension of Time to File Response/Reply re #64 Second MOTION to Amend/Correct Complaint Responses due by 1/12/2007 Signed by Judge Thomas C. Mummert III on 1/8/07. (BAK, ) |
Filing 71 MEMORANDUM in Support of Motion re #70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Text of Proposed Order [Proposed] Order)(Lesko, Paul) |
Filing 70 MOTION to Compel 1) a Full and Complete Response from Diebold to Interrogatory No. 17 and 2) Determine the Sufficiency of Diebold's Answers to Request for Admission Nos. 1-13 under FRCP 37(a) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 69 MEMORANDUM in Support of Motion re #67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Text of Proposed Order [Proposed] Order)(Lesko, Paul) |
Filing 68 Joint MOTION for Extension of Time to File Response/Reply as to #64 Second MOTION to Amend/Correct Complaint by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 67 MOTION to Compel a Response from Sequoia to Interrogatory No. 17 and Determine the Sufficiency of Sequoia's Answers to Request for Admission Nos. 2-5 Under FRCP 37(a) by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 66 MEMORANDUM in Opposition re #58 MOTION to Compel Compliance with the Case Management Order filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A - Sequoia's Preliminary Invalidity Contentions)(Lesko, Paul) |
Filing 65 SCHEDULING ORDER: re: #58 MOTION to Compel Compliance with the Case Management Order filed by Sequoia Voting Systems,, #63 Joint MOTION for Protective Order filed by Sequoia Voting Systems, Motion Hearing set for 2/5/2007 09:00 AM in Chambers before Mag Judge Thomas C. Mummert III.. Signed by Judge Thomas C. Mummert III on 12/27/06. (BAK, ) |
Filing 64 Second MOTION to Amend/Correct Complaint by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit 1, Part 1#2 Exhibit 1, Part 2#3 Exhibit 1, Part 3#4 Exhibit 1, Part 4a#5 Exhibit 1, Part 4b#6 Exhibit 1, Part 4c#7 Exhibit 1, Part 5#8 Exhibit 1, Part 6#9 Text of Proposed Order Exhibit 2)(Lesko, Paul) |
Filing 63 Joint MOTION for Protective Order by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Text of Proposed Order Joint Protective Order)(Ewald, Peter) |
Filing 62 ANSWER to Counterclaim filed by Sequoia Voting Systems by Avante International Technology Corporation.(Lesko, Paul) |
Filing 61 ANSWER to Counterclaim filed by Election Systems & Software, Inc. by Avante International Technology Corporation.(Lesko, Paul) |
Filing 60 ANSWER to Counterclaim filed by Diebold Election Systems, Inc. by Avante International Technology Corporation.(Lesko, Paul) |
Filing 59 MEMORANDUM in Support of Motion re #58 MOTION to Compel Compliance with the Case Management Order filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4)(Ewald, Peter) |
Filing 58 MOTION to Compel Compliance with the Case Management Order by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
Filing 57 ENTRY of Appearance by Sara Weilert Gillette for Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Gillette, Sara Weilert) |
Filing 56 First Amended ANSWER to Complaint First Amended Complaint, COUNTERCLAIM against plaintiff Avante International Technology Corporation by Election Systems & Software, Inc..(Smith, Victoria) |
ORDER RECEIPT: (see receipt) Tue Dec 12 12:33:03 CST 2006 (MCB, ) |
DOCKET TEXT ORDER granting #55 Motion for Leave to Appear Pro Hac Vice Judith L. Carlson Signed by Judge Thomas C. Mummert III on December 12, 2006. (MCB) |
Filing 55 MOTION for Leave to Appear Pro Hac Vice Judith L. Carlson (Filing fee $100) by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc. (JMW) |
Receipt # S2007-002098 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of CARLSON, JUDITH L.. (CSW,) |
Filing 54 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Avante International Technology Corporation's motion to dismiss the counterclaims and strike the affirmative defenses of Diebold Election Systems and motion to dismiss the counterclaims and strike the affirmative defenses of Sequoia Voting System ("Sequoia") are GRANTED in part and DENIED in part as set forth above. [Docs. 39, 41] IT IS FURTHER ORDERED that the motion of Election Systems & Software, Inc. for leave to file an amended answer and counterclaim is GRANTED. [Doc. 51]IT IS FINALLY ORDERED that the motion of Avante International TechnologyCorporation to dismiss the counterclaims and strike the affirmative defenses of Election Systems & Software, Inc., is DENIED as moot. [Doc. 43] Signed by Judge Thomas C. Mummert III on 12/4/2006. (JMW) |
Filing 53 REPLY (to termed motion) re #51 MOTION for Leave to File First Amended Answer and Counterclaim and Memorandum of Law in Support of Motion filed by Counter Claimant Election Systems & Software, Inc., Defendant Election Systems & Software, Inc.. (Wunderlich, Sandra) |
Filing 52 REPLY re #41 MOTION to Dismiss :Counterclaim for Declaratory Judgment MOTION to Strike Affirmative Defenses of Defendant Election Systems & Software, Inc. and Opposition to Motion for Leave to File First Amended Answer and Counterclaim filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) Modified on 10/11/2006 (MCB). |
Filing 51 MOTION for Leave to File First Amended Answer and Counterclaim and Memorandum of Law in Support of Motion by Defendant Election Systems & Software, Inc.. (Attachments: #1 Exhibit)(Wunderlich, Sandra) |
Filing 50 REPLY to Response to Motion re #43 MOTION to Dismiss :Counterclaim MOTION to Strike Affirmative Defenses filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B)(Lesko, Paul) |
Filing 49 REPLY to Response to Motion re #39 MOTION to Dismiss :Counterclaims MOTION to Strike Affirmative Defenses filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 48 MEMORANDUM in Opposition re #41 MOTION to Dismiss :Counterclaim for Declaratory Judgment MOTION to Strike Affirmative Defenses Defendant Election Systems & Software, Inc.'s Memorandum of Law in Opposition to Plaintiff's Motion to Dismiss Counterclaim and Motion to Strike Affirmative Defenses filed by Defendant Election Systems & Software, Inc.. (Wunderlich, Sandra) |
Filing 47 MEMORANDUM in Opposition re #39 MOTION to Dismiss :Counterclaims MOTION to Strike Affirmative Defenses filed by Counter Claimant Diebold Election Systems, Defendant Diebold Election Systems. (Evans, Robert) |
Filing 46 MEMORANDUM in Opposition re #43 MOTION to Dismiss :Counterclaim MOTION to Strike Affirmative Defenses filed by Counter Claimant Sequoia Voting Systems, Defendant Sequoia Voting Systems. (Ewald, Peter) |
DOCKET TEXT ORDER granting #45 Motion for Extension of Time to File Response/Reply re #41 MOTION to Dismiss :Counterclaim for Declaratory Judgment MOTION to Strike Affirmative Defenses Responses due by 9/28/2006 Signed by Judge Thomas C. Mummert III on 9/21/06. (BAK, ) |
Filing 45 MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss :Counterclaim for Declaratory Judgment MOTION to Strike Affirmative Defenses by Defendant Election Systems & Software, Inc.. (Attachments: #1 Text of Proposed Order)(Wunderlich, Sandra) |
Filing 44 MEMORANDUM in Support of Motion re #43 MOTION to Dismiss :Counterclaim MOTION to Strike Affirmative Defenses filed by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit Excerpt from Contract for Supply between Cook County Clerk Election Department and Sequoia Voting Systems)(Lesko, Paul) |
Filing 43 MOTION to Dismiss :Counterclaim, MOTION to Strike Affirmative Defenses by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 42 MEMORANDUM in Support of Motion re #41 MOTION to Dismiss :Counterclaim for Declaratory Judgment MOTION to Strike Affirmative Defenses filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 41 MOTION to Dismiss :Counterclaim for Declaratory Judgment, MOTION to Strike Affirmative Defenses by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 40 MEMORANDUM in Support of Motion re #39 MOTION to Dismiss :Counterclaims MOTION to Strike Affirmative Defenses filed by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 39 MOTION to Dismiss :Counterclaims, MOTION to Strike Affirmative Defenses by Plaintiff Avante International Technology Corporation. (Lesko, Paul) |
Filing 38 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Jennifer E. Hoekel ADR Completion Deadline due by 6/14/2007. Designation of Neutral due by 4/14/2007. ADR Conference Schedule due by 4/14/2007.. Signed by Judge Thomas C. Mummert III on 9/7/06. (BAK, ) |
Filing 37 CASE MANAGEMENT ORDER This case is assigned to Track: 3 (Complex) Motion to Join Parties due by 1/17/2007. Discovery Completion due by 11/15/2007. Non-Dispositive Motions due by 11/26/2007. ADR Future Reference 5/14/2007. Dispositive Motions due by 11/1/2007. Jury Trial set for 5/27/2008 09:00 AM in Courtroom 13N before Mag Judge Thomas C. Mummert III. Pretrial Compliance due by 5/7/2008. Motion in Limine due by 5/17/2008. Markman Hearing for Claim Construction set for 5/3/07 @ 9:00 a.m.. Signed by Judge Thomas C. Mummert III on 9/7/06. (BAK, ) |
Filing 36 Minute Entry for proceedings held before Judge Thomas C. Mummert III: Rule 16 Conference held on 9/5/2006 in chambers by telephone with no court reporter. Estimated length of trial is three weeks. Case Mgmnt. Order to issue. (proceedings started: 9:00 a.m.) (proceedings ended: 10:00 a.m.) (BDC) |
Filing 35 JOINT SCHEDULING PLAN by Counter Claimants Election Systems & Software, Inc., Sequoia Voting Systems, Diebold Election Systems, Counter Defendant Avante International Technology Corporation.. (Lesko, Paul) |
DOCKET TEXT ORDER granting #34 Motion for Leave to Appear Pro Hac Vice Stephen Charles Smith Signed by Judge Thomas C. Mummert III on 8/22/2006. (JMW) |
ORDER RECEIPT: (see receipt) Tue Aug 22 13:42:43 CDT 2006 (JMW, ) |
Filing 34 MOTION for Leave to Appear Pro Hac Vice Stephen Charles Smith by Plaintiff Avante International Technology Corporation. (JMW) |
FULL CONSENT has been received by the following Counter Claimants: Election Systems & Software, Inc., Sequoia Voting Systems, Diebold Election Systems, and Counter Defendant: Avante International Technology Corporation. See previously filed full consent filed as doc.#28 .(BDC) |
Filing 33 ANSWER to Amended Complaint, COUNTERCLAIM against plaintiff Avante International Technology Corporation, Avante International Technology Corporation, Avante International Technology Corporation by Diebold Election Systems.(Evans, Robert) |
Filing 32 ANSWER to Amended Complaint (First), COUNTERCLAIM against plaintiff Avante International Technology Corporation by Sequoia Voting Systems.(Ewald, Peter) |
DOCKET TEXT ORDER granting #29 Motion for Leave to Appear Pro Hac Vice Victoria L. Smith Signed by Judge Thomas C. Mummert III on 8/18/2006. (JMW) |
Receipt # S2006-010355 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of SMITH, STEPHEN C. (CSW,) |
Filing 31 ANSWER to Amended Complaint (First Amended Complaint), COUNTERCLAIM for Declaratory Judgment against plaintiff Avante International Technology Corporation by Election Systems & Software, Inc..(Wunderlich, Sandra) |
Filing 30 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Election Systems & Software, Inc.Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Wunderlich, Sandra) |
Filing 29 MOTION for Leave to Appear Pro Hac Vice Victoria Lee Smith by Defendant Election Systems & Software, Inc.. (BAK, ) |
Receipt # S2006-010298 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of SMITH, VICTORIA LEE. (CSW,) |
DOCKET TEXT ORDER granting #27 Motion for Leave to Appear Pro Hac Vice Mark Hinderks Signed by Judge Thomas C. Mummert III on 8/11/06. (BAK, ) Notification sent to attorney on 8/15/2006 (BAK, ). |
Filing 28 FULL CONSENT has been received by Plaintiff Avante International Technology Corporation and Defendants: Diebold Election Systems, Sequoia Voting Systems and Election Systems & Software, Inc.(BDC) |
Filing 27 MOTION for Leave to Appear Pro Hac Vice filed by attorney Mark D. Hinderks to represent Defendant Election Systems & Software, Inc.(BDC) |
Receipt # S2006-010147 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of HINDERKS, MARK D.. (CSW,) |
Filing 26 RULE 16 ORDER: This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 8/29/2006. Rule 16 Conference set for 9/5/2006 09:00 AM before Mag Judge Thomas C. Mummert III. Magistrate Consent due by 8/29/2006.Signed by Judge Thomas C. Mummert III on 8/8/06. (Attachments: #(1)Blank Magistrate Consent/Opt out Form). (BDC) |
Filing 25 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Sequoia Voting SystemsParent companies: Smartmatic Corporation,. (Ewald, Peter) |
Filing 24 FIRST AMENDED COMPLAINT against defendant Diebold Election Systems, Sequoia Voting Systems, Election Systems & Software, Inc. Amendment to #1 Complaint, Jury Demand filed by Avante International Technology Corporation. (Attachments: #1 Exhibit A#2 Exhibit B (Pgs. 1 to 15)#3 Exhibit B (Pgs. 16 to 22)#4 Exhibit B (Pgs. 23 to 30)#5 Exhibit C#6 Exhibit D#7 Exhibit E#8 Exhibit F#9 Exhibit G#10 Exhibit H#11 Exhibit I#12 Exhibit J#13 Exhibit K)(JMW) |
Docket Text ORDER re #20 First MOTION to Amend/Correct #1 Complaint,, and Incorporated Memorandum by Plaintiff Avante International Technology Corporation filed by Avante International Technology Corporation; ORDERED Granted. Signed by Judge Thomas C. Mummert III on 8/1/2006. (JMW) |
Filing 23 ENTRY of Appearance by Robert M. Evans, Jr for Defendant Diebold Election Systems. (Evans, Robert) |
Filing 22 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Diebold Election SystemsParent companies: Diebold Incorporated, Subsidiaries: None, Publicly held company: Diebold Incorporated,. (Hoekel, Jennifer) |
Filing 21 ENTRY of Appearance by Jennifer E. Hoekel for Defendant Diebold Election Systems. (Hoekel, Jennifer) |
Filing 20 First MOTION to Amend/Correct #1 Complaint,, and Incorporated Memorandum by Plaintiff Avante International Technology Corporation. (Attachments: #1 Exhibit Exhibit 1, Part 1#2 Exhibit Exhibit 1, Part 2#3 Exhibit Exhibit 1, Part 3)(Lesko, Paul) |
DOCKET TEXT ORDER granting #17 Motion for Leave to Appear Pro Hac Vice Peter Ewald Signed by Judge Thomas C. Mummert III on 7/20/06. Notification sent to non-registered attorneys on 7/21/06. (BAK, ) |
DOCKET TEXT ORDER granting #18 Motion for Leave to Appear Pro Hac Vice John O'Meara Signed by Judge Thomas C. Mummert III on 7/20/06. Notification sent to non-registered attorney on 7/21/06. (BAK, ) |
DOCKET TEXT ORDER granting #16 Motion for Leave to Appear Pro Hac Vice James Oliff Signed by Judge Thomas C. Mummert III on 7/20/06. (BAK, ) Notification sent to non-registered attorneys on 7/21/2006 (BAK, ). |
DOCKET TEXT ORDER granting #19 Motion for Extension of Time to Answer ;answer due by 8/8/06 Signed by Judge Thomas C. Mummert III on 7/20/06. Notification sent to non-registered attorneys on 7/21/06. (BAK, ) |
Receipt # S2006-009095 in the amount of $300.00 for ATTORNEY ADM. FEE - PHV-JAMES A. OLIFF, ATTORNEY ADM. FEE - PHV-JOHN W. O'MEARA, ATTORNEY ADM. FEE - PHV-PETER THOMAS EWALD on behalf of OLIFF & BERRIDGE, PLC. (CSW,) |
Filing 19 MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Sequoia Voting Systems. (BAK, ) |
Filing 18 MOTION for Leave to Appear Pro Hac Vice John O'Meara by Defendant Sequoia Voting Systems. (BAK, ) |
Filing 17 MOTION for Leave to Appear Pro Hac Vice Peter Ewald by Defendant Sequoia Voting Systems. (BAK, ) |
Filing 16 MOTION for Leave to Appear Pro Hac Vice James Oliff by Defendant Sequoia Voting Systems. (BAK, ) |
ORDER RECEIPT: (see receipt) Wed Jul 19 11:53:28 CDT 2006 (MCB, ) |
DOCKET TEXT ORDER granting #15 Motion for Extension of time, up to and including August 8, 2006, to answer or otherwise respond to the Complaint ;Extension date: August 8, 2006 Signed by Judge Thomas C. Mummert III on July 18, 2006. (MCB) Modified on 7/19/2006 (MCB). |
Filing 15 MOTION for Extension of: time, up to and including August 8, 2006, to answer or otherwise respond to the Complaint by Defendant Diebold Election Systems. (MCB) |
DOCKET TEXT ORDER granting #14 Motion for Leave to Appear Pro Hac Vice Patricia A. Walker. Signed by Judge Thomas C. Mummert III on July 17, 2006. (MCB) |
DOCKET TEXT ORDER granting #12 Motion for Leave to Appear Pro Hac Vice Nancy L. Reeves. Signed by Judge Thomas C. Mummert III on July 17, 2006. (MCB) |
DOCKET TEXT ORDER granting #11 Motion for Extension of time to answer or respond to the complaint ;Extension date: 8/8/06 Signed by Judge Thomas C. Mummert III on July 17, 2006. (MCB) |
DOCKET TEXT ORDER granting #13 Motion for Leave to Appear Pro Hac Vice Ralph E. Jocke. Signed by Judge Thomas C. Mummert III on July 17, 2006. (MCB) |
ORDER RECEIPT: (see receipt) Mon Jul 17 15:56:37 CDT 2006 (MCB, ) |
***REMARK Notification of the Docket Text Orders dated today, July 17, 2006, sent to Patricia Walker, Nicholas Iavarone, Ralph Jocke and Nancy Reeves. (MCB) |
Filing 14 MOTION for Leave to Appear Pro Hac Vice Patricia Walker by Defendant Diebold Election Systems. (BAK, ) |
Filing 13 MOTION for Leave to Appear Pro Hac Vice Ralph Jocke by Defendant Diebold Election Systems. (BAK, ) |
Filing 12 MOTION for Leave to Appear Pro Hac Vice Nancy L. Reeves by Defendant Diebold Election Systems. (BAK, ) |
Filing 11 MOTION for Extension of: Time to Answer or Respond by Defendant Election Systems & Software, Inc.. (Wunderlich, Sandra) |
Filing 10 ENTRY of Appearance by Sandra Jane Wunderlich for Defendant Election Systems & Software, Inc.. (Wunderlich, Sandra) |
Filing 9 SUMMONS Returned Executed filed by Avante International Technology Corporation. Diebold Election Systems served on 6/29/2006, answer due 7/19/2006. (Attachments: #1 Affidavit of Service)(Lesko, Paul) |
Receipt # S2006-008983 in the amount of $300.00 for FEE - PHV Nancy L. Reeves, FEE - PHV Patricia A. Walker, FEE - PHV Ralph E. Jocke on behalf of WALKER & JOCKE. (CSW,) |
Filing 8 SUMMONS Returned Executed filed by Avante International Technology Corporation. Election Systems & Software, Inc. served on 6/29/2006, answer due 7/19/2006. (Attachments: #1 Affidavit of Service on Election Systems & Software, Inc.)(Lesko, Paul) |
Filing 7 SUMMONS Returned Executed filed by Avante International Technology Corporation. Sequoia Voting Systems served on 6/29/2006, answer due 7/19/2006. (Attachments: #1 Affidavit of Service on Sequoia Voting Systems)(Lesko, Paul) |
Docket Text ORDER re #6 MOTION for Leave to Appear Pro Hac Vice Nicholas Iavarone by Plaintiff Avante International Technology Corporation. (MCB) filed by Avante International Technology Corporation, ; ORDERED granted Signed by Judge Thomas C. Mummert III on 7/6/2006. (JMW) |
ORDER RECEIPT: (see receipt) Thu Jul 6 16:11:21 CDT 2006 (JMW, ) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice Nicholas Iavarone by Plaintiff Avante International Technology Corporation. (MCB) |
Receipt # S2006-008645 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of IAVARONE, NICHOLAS. (CSW,) |
DOCKET TEXT ORDER granting #3 Motion for Leave to Appear Pro Hac Vice Jill Rogers-Manning Signed by Judge Thomas C. Mummert III on 6/29/06. Notification and registration papers sent to non-registered attorney on 6/29/06. (BAK, ) |
Filing 5 REPORT to Commissioner of filing or determination of an action regarding Patent (CDD, ) |
Filing 4 NOTICE OF PRIVATE PROCESS SERVER filed by Plaintiff Avante International Technology. Corporation Process Server: APS International. (CDD, ) |
Filing 3 MOTION for Leave to Appear Pro Hac Vice of Jill Rogers-Manning filed by Plaintiff Avante International Technology Corporation. $100.00 fee paid. (CDD, ) |
Filing 2 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE filed by Plaintiff Avante International Technology Corporation. (CDD, ) |
Filing 1 COMPLAINT against Defendants Diebold Election Systems, Sequoia Voting Systems and Election Systems & Software, Inc. filed by Plaintiff Avante International Technology Corporation with Jury Demand.3 Summons issued, Fee paid in the amount of $350.00, 4 Consents issued, Disclosure of Corporate Interest issued to Diebold Election Systems, Sequoia Voting Systems and Election Systems & Software, Inc.. (Attachments: #1 Exhibit a#2 Exhibit b#3 Exhibit c#4 Exhibit d#5 Exhibit e#6 Exhibit f#7 Exhibit g#8 Exhibit h#9 Exhibit i#10 Exhibit j#11 Exhibit k#12 Civil Cover Sheet #13 Original Filing Form)(CDD, ) |
Receipt # S2006-008506 in the amount of $450.00 for ATTORNEY ADM. FEE - PHV-JULL ROGERS-MANNING, CIVIL FILING FEE, CIVIL FILING FEE-PART 2, CIVIL FILING FEE-PART 3 on behalf of SIMMONS COOPER LAW FIRM, THE. (CSW,) |
SUMMONS Issued ( 3 @ 20 days )as to Defendants Diebold Election Systems, Sequoia Voting Systems and Election Systems & Software, Inc.. (CDD, ) |
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