Kellogg v. Nike et al
Plaintiff: Gerald A. Kellogg
Defendant: Nike and Nike USA
Counter Claimant: Nike and Nike USA
Counter Defendant: Gerald A. Kellogg
Case Number: 8:2007cv00070
Filed: February 14, 2007
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
County: Douglas
Presiding Judge: F. A. Gossett
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Both

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Date Filed Document Text
September 28, 2011 Opinion or Order Filing 404 ORDER regarding MOTION to Enforce Surety's Liability by Executing on Supersedeas Bond 402 - The Clerk of Court is directed to mail a copy of plaintiff's motion, attachments thereto, and this order to: Safeco Insurance Company of America & General Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, WA 98154. The surety shall respond to the motion within 14 days of the date of this order, at which time the matter will be considered submitted. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed) (TEL)
January 20, 2010 Opinion or Order Filing 382 ORDER denying 363 Motion for sanctions; granting 366 Motion for fees and costs; Plaintiff is awarded attorneys fees under 35 U.S.C. § 285 in the amount of $355,354.00; Plaintiff is awarded costs in the amount of $23,932.00; Plainti ff is awarded $32,401.00 in attorneys fees for the preparation of the application for fees; granting 372 Motion to deem certain filings restricted; A judgment for attorneys fees and costs in conformity this memorandum opinion will be issued this date. Ordered by Chief Judge Joseph F. Bataillon. (ADB, ) Modified on 1/21/2010 to add award for preparation of the application for fees (ADB, ).
September 30, 2009 Opinion or Order Filing 360 MEMORANDUM AND ORDER - Plaintiffs renewed motion for judgment as a matter of law, or, in the alternative, for a new trial (Filing No. 328) is denied. Plaintiffs restricted motion for attorney fees and to alter or amend the judgment 330 is granted. Kellogg is awarded attorney fees incurred in connection with, and reasonably related to, defending against Nikes counterclaim, including the filing of the motion for fees. Kellogg is directed to file a request for fees, together with supporting d ocumentation, within fourteen (14) days of the date of this opinion; Nike shall have seven (7) days from the date Kellogg files its submission with the court to file any objection thereto. Defendants motion to strike portions of plaintiffs restricte d reply (Filing No. 343 ) is denied Plaintiffs motion to review the actions of the taxation clerk (Filing No. 351 ) is denied as moot. The clerks taxation of costs in the amount of assessment of $61,651.94 (FilingNo. 350 ) is set aside. The courts Judgment (Filing No. 320 ) including costs is vacated. Judgment will be entered this date in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (MKR) Modified on 10/2/2009 to add filing number (MKR).
September 12, 2008 Opinion or Order Filing 286 ORDER sustaining 228 Plaintiff's RESTRICTED MOTION; sustaining 230 Plaintiff's Motion in Limine; sustaining 233 Plaintiff's Motion in Limine; sustaining 235 Plaintiff's Motion in Limine; overruling 239 Plaintiff's M otion in Limine; overruling 242 Plaintiff's RESTRICTED MOTION; granting in part and denying in part 244 Defendants' Motion in Limine; overruling 266 Defendants' Motion in Limine. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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Defendant: Nike
Represented By: Jonathan N. Zerger
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Defendant: Nike USA
Represented By: Jonathan N. Zerger
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Plaintiff: Gerald A. Kellogg
Represented By: Mary C. Bonnema
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Counter claimant: Nike
Represented By: Jonathan N. Zerger
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Counter claimant: Nike USA
Represented By: Jonathan N. Zerger
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Counter defendant: Gerald A. Kellogg
Represented By: G. Thomas Williams
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