Emerson Electric Co. v. Suzhou Cleva Electric Applicance Co., Ltd. et al
| Emerson Electric Co. |
| Suzhou Cleva Electric Applicance Co., Ltd. and Cleva North America, Inc. |
| 4:2013cv01043 |
| May 31, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Shirley P. Mensah |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| Plaintiff |
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Filing
336
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants' Motion to Exclude Testimony of Plaintiff's Proffered Damages Expert, Ms. Donna Beck Smith (Doc. 280 ) is GRANTED IN PART and DENIED IN PART. The motion is granted with respect t o Ms. Smith's opinions regarding damages for infringement of the 165 Patent. It is denied in all other respects. IT IS FURTHER ORDERED that Plaintiff has until Monday, December 28, 2015 to file an amended expert report from Ms. Smith that addres ses damages for infringement of the 165 Patent. Defendants may depose Ms. Smith on the topic of her amended report by Monday, January 11, 2015. Defendants are also granted leave to file a supplemental expert report to respond to Ms. Smiths amended re port by Monday, January 18, 2015. IT IS FURTHER ORDERED that Plaintiffs Motion to Exclude Testimony of Mark Gallagher (Doc. 284) is GRANTED IN PART and DENIED IN PART as described above. The motion is granted with respect to Mr. Gallaghers testimony that a patentee is required to show demand for the patented features to satisfy the first factor of the Panduit test. It is denied in all other respects. Signed by Magistrate Judge Shirley P. Mensah on 12/15/15. (ARL)
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Filing
320
MEMORANDUM AND ORDER re: 279 MOTION to Exclude Testimony of Plaintiff's Proffered Expert Dr. Bryce Rutter filed by Defendant Suzhou Cleva Electric Applicance Co., Ltd., Defendant Cleva North America, Inc., Defendant Cleva Ho ng Kong Limited, Defendant Sears Roebuck & Co., IS DENIED. 288 MOTION to Exclude Testimony of Plaintiff's Proffered Expert Mr. David Bowen filed by Defendant Suzhou Cleva Electric Applicance Co., Ltd., Defendant Cleva North America, Inc., Defendant Cleva Hong Kong Limited, Defendant Sears Roebuck & Co. IS DENIED.. Signed by Magistrate Judge Shirley P. Mensah on 9/30/15. (LGK)
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Filing
291
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Emerson's Motion to Strike the Declaration of Richard Ostroski (Doc. 259 ) is GRANTED IN PART and DENIED IN PART. The motion is GRANTED to the extent that Emerson seeks to strike paragraphs 105 through 118 of the Declaration and to exclude Mr. Ostroski from testifying at trial regarding the matters described in those paragraphs. In all other respects, the motion is DENIED. Signed by Magistrate Judge Shirley P. Mensah on 5/8/15. (JWD)
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Filing
219
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion to Strike the Deposition of Hong Chen and for Sanctions (Doc. 198 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs request for an award of the fees associatedwith responding to the motion is DENIED. Signed by Magistrate Judge Shirley P. Mensah on 1/5/15. (ARL)
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Filing
217
MEMORANDUM AND ORDER re: 201 MOTION for Leave to Amend Infringement Contentions and Memorandum in Support filed by Plaintiff Emerson Electric Co. motion is GRANTED. Signed by Magistrate Judge Shirley P. Mensah on 12/16/14. (LGK)
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Filing
197
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Emerson's Motion for Protective Order (Doc. 172) is GRANTED IN PART and DENIED IN PART. The motion is granted to the extent that it seeks to preclude Mr. Holsten from testifying about facts he le arned or opinions he developed only as a result of his work as a consulting expert for Emerson in anticipation of litigation. As to all other matters, it is denied. IT IS FURTHER ORDERED that Defendants' Motion to Compel Testimony of Stuart Ho lsten (Doc. 173) is GRANTED IN PART and DENIED IN PART. The motion is granted to the extent that it seeks to compel Mr. Holsten to testify about facts and opinions that were not developed only as a result of Mr. Holsten's work as a consulting expert for Emerson in anticipation of litigation. As to all other matters, it is denied.. Signed by Magistrate Judge Shirley P. Mensah on 11/3/14. (LGK)
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Filing
152
MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that Plaintiff Emerson Electric Co.s Motion to Dismiss Defendants Cleva North America, Inc.s and Sears, Roebuck & Co.s (Defendants) Inequitable Conduct Counterclaims and to Strike Defendants Inequit able Conduct Affirmative Defenses (Doc. No. 123 ) is GRANTED. IT IS FURTHER ORDERED that Defendant Cleva North America, Inc.s and Defendant Sears, Roebuck & Co.s Inequitable Conduct Counterclaims are DISMISSED. IT IS FURTHER ORDERED that Defendant Cleva North America, Inc.s and Defendant Sears, Roebuck & Co.s Inequitable Conduct Affirmative Defenses are STRICKEN. Signed by Magistrate Judge Shirley P. Mensah on 7/22/14. (ARL)
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Filing
148
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Emerson's motion to strike the declarations of Hong Chen (Doc. 134) is GRANTED. IT IS FURTHER ORDERED that Suzhou Cleva Electric Appliance Co., Ltd. and Cleva Hong Kong Limited's renewed mot ion to dismiss for lack of personal jurisdiction (Doc. 131) is DENIED. IT IS FURTHER ORDERED that Emerson's motion to amend the case management order (Doc. 120) is GRANTED. IT IS FURTHER ORDERED that the parties shall meet and confer and then s ubmit a joint proposed amended case management order within fourteen (14) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that a scheduling conference is set for July 21, 2014, at 12:30 p.m, in the chambers of the undersigned, 1 3-South. At the scheduling conference, counsel will be expected to discuss the deadlines and trial date set forth in the joint proposed case management order. After the scheduling conference, the court will issue an amended casemanagement order.. Signed by Magistrate Judge Shirley P. Mensah on 7/1/14. (LGK)
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Filing
147
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion for partial judgment on the pleadings (Doc. 53 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiff's induced infringement and contributory infringement claims are DISMISSED, with prejudice. Signed by Magistrate Judge Shirley P. Mensah on 6/3/14. (JWD)
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