Avante International Technology, Inc. v. Hart Intercivic, Inc.
| Avante International Technology, Inc. |
| Hart Intercivic, Inc. |
| Hart Intercivic, Inc. and Avante International Technology, Inc. |
| Avante International Technology, Inc. and Hart Intercivic, Inc. |
| 4:2009cv01161 |
| July 23, 2009 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Thomas C. Mummert |
| Both |
| 35 U.S.C. ยง 271 Patent Infringement |
| Both |
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Filing
163
ORDER: IT IS HEREBY ORDERED that Plaintiff's motion 154 for leave to file its Fourth Amended Complaint is GRANTED. In this new complaint, Plaintiff adds U.S. Patent No. 7,036,730 ("the 730 patent") back into the case. This patent was withdrawn from the case about one month ago, in light of a finding of noninfringement of the patent, in another case in this Court. That finding, however, has since been vacated. The Court believes that under these circumstances, Plaintiff has made a sufficient showing of good cause to allow it to amend its complaint, under Federal Rule of Civil Procedure 16(b), by reasserting the '730 patent claim in the present suit. Nor will the amendment cause undue prejudice to Defendant or undue dela y. IT IS FURTHER ORDERED that on or before January 14, 2010, the parties shall submit to the Court a new joint proposed scheduling plan, in lieu of the one submitted on October 23, 2009. Joint Scheduling Plan due by 1/14/2010. Signed by Magistrate Judge Audrey G. Fleissig on 1/4/10. (TRC)
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Filing
156
ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion for Extension of Time to File Supplemental Briefing on the Issue of Claim Construction 155 is GRANTED, as follows: a. The parties shall submit supplemental briefing on the issue of cla im construction 10 calendar days after the entry of the Court's Order on Avante's Motion for Leave to File Fourth Amended Complaint 154 . b. The parties are reminded that prior to the submission of such supplemental briefing, they are obli gated by the terms of the Amended Case Management Order to engage in good faith settlement discussions, and to confer and attempt, in good faith, to limit the number of terms submitted to the Court for claim construction. IT IS FURTHER ORDERED that D efendant Hart Intercivic, Inc. shall file its response to Avante's Motion for Leave to File Fourth Amended Complaint 154 as soon as possible, but in no event later than the time allowed under the federal and local rules. Signed by Magistrate Judge Audrey G. Fleissig on 12/17/09. (TRC)
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Filing
150
ORDER: IT IS HEREBY ORDERED That Plaintiff's Motion for Leave to File its Third Amended Complaint is GRANTED 146 . IT IS FURTHER ORDERED that Defendant shall have until November 30, 2009 to file an answer to the Third Amended Complaint, as well as any supplemental counterclaims Defendant wishes to assert. Plaintiff shall have until December 13, 2009 to file its response to any supplemental counterclaims. Signed by Magistrate Judge Audrey G. Fleissig on 11/17/09. (TRC)
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Filing
145
ORDER: IT IS HEREBY ORDERED that all further pleadings in these cases shall be filed in Cause Number 4:09CV1161. Any documents filed in 4:09CV1160 without permission from the court will be deleted. Signed by Magistrate Judge Audrey G. Fleissig on 10/14/09. (CSR)
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Filing
142
ORDER - ORDERED that these two cases, which had been consolidated by the District Court for the Southern District of Illinois, and were then inadvertently assigned separate case numbers when transferred to this Court, are reconsolidated, and shall pr oceed under case No. 4:09CV1161. FURTHER ORDERED that the motion 140 of Defendant / Counterclaim Plaintiff to compel production of the License Agreement that Plaintiff / Counterclaim Defendant negotiated with Election Systems & Software, Inc., is G RANTED subject to the terms of the Protective Order entered in this case. FURTHER ORDERED that the identical motion filed in Case No. 4:09CV1160 as Docket No. 73 is DENIED as moot. FURTHER ORDERED that a status conference for this consolidated case is set for Tuesday, October 13, 2009, at 2:00 p.m. in Courtroom 9N.re ( Status Conference set for 10/13/2009 02:00 PM in Courtroom 9N before Magistrate Judge Audrey G. Fleissig.). Signed by Magistrate Judge Audrey G. Fleissig on 10/7/09. (CEL)
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Filing
127
ORDER re: Conflict of Interest. Signed by Magistrate Judge Thomas C. Mummert, III on 7/27/09. (cc: OSU)(RJD)
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