Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Product Group
| Exmark Manufacturing Company Inc. |
| Briggs & Stratton Power Products Group, LLC and Schiller Grounds Care, Inc. |
| 8:2010cv00187 |
| May 12, 2010 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| F. A. Gossett |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
981
ORDER : Counsel for the plaintiff notified the court on December 10, 2020 that counsel wishes the trial exhibits held by the court in this matter to be destroyed. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
977
ORDER - Pursuant to the mandate filed in this case (Filing No. 975 ), the stay of execution is hereby lifted. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
971
ORDER - The defendant's motion for approval of supersedeas bond and a stay of execution of the judgment (Filing No. 970 ) is granted. The supersedeas bond attached as Exhibit A to the motion (Filing No. 970 , Ex. A) is approved. Execution on the monetary judgment is stayed pending the appeal of the action. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
961
AMENDED JUDGMENT - Judgment is hereby entered in favor of plaintiff Exmark Manufacturing Company, Inc., and against defendant Briggs and Stratton Corporation, for compensatory damages in the amount of $14,380,062.24, together with prejudgment in terest in the amount of $5,964,111.00, plus postjudgment interest from and after December 19, 2018, at the legal rate pursuant to 28 U.S.C. § 1961(a). Judgment is hereby entered in favor of plaintiff Exmark Manufacturing Company, Inc., and against defendant Briggs and Stratton Corporation for enhanced damages under 35 U.S.C. § 284 in the additional amount of $14,380,062.24, plus postjudgment interest from and after December 19, 2018, at the legal rate pursuant to 28 U.S.C. § 1961(a), together with taxable costs. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
901
ORDER - The parties' motions in limine Filing Nos. 789 , 794 , and 864 are granted in part and denied in part as set forth in this order. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
898
PRETRIAL ORDER - Trial is set for December 11, 2018. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
892
ORDER - that the joint stipulation setting process for designating prior testimony for use at trial (Filing No. 872 ) is adopted in its entirety. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
876
MEMORANDUM AND ORDER - Defendant Briggs & Stratton Corporation's motion for summary judgment that Claim 1 of U.S. Patent No. 5,987,863 ("the '863 Patent") is invalid due to indefiniteness (Filing No. 826 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
868
MEMORANDUM AND ORDER - Exmark's motion to reaffirm the jury verdict that Briggs's infringement was willful (Filing No. 723 ) is granted. On remand, the Court finds there is no need for a new trial on willfulness. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
856
MEMORANDUM AND ORDER - that Plaintiff's motion to amend the scheduling order, (Filing No. 813 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
810
ORDER granting 803 Motion for Leave to Submit Supplemental Evidence Relating to Exmark's Motion to Reaffirm the Jury Verdict that Briggs Infringement Was Willful. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
800
MEMORANDUM AND ORDER - IT IS ORDERED: Briggs & Stratton's motion to file a sur-reply brief (Filing No. 751 ) is granted. Exmark's motion for summary judgment to reaffirm that the asserted claims of the '863 patent are not invalid in view of the prior art (Filing No. 722 ) is granted. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
788
ORDER granting 768 Plaintiff's motion to enforce the court's scheduling order.Defendant is prohibited from deposing or obtaining documents orother by third-party subpoenas served on MTD Products, Inc. (MTD)and Husqvarna Professional Products, Inc. (Husqvarna). The motions to restrict 769 and 785 are granted. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
787
ORDER granting 782 Stipulation for Scheduling Order Regarding Exhibit Lists and Motions in Limine. Ordered by Magistrate Judge Cheryl R. Zwart. (JLA)
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Filing
756
ORDER - IT IS ORDERED that: Defendant Briggs's objections (Filing No. 755 ) to the Magistrate Judge's order are overruled. The Memorandum and Order of the Magistrate Judge (Filing No. 754 ) is affirmed. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
754
MEMORANDUM AND ORDER - Exmark's Motion for Leave to File a Sur-Reply (Filing No. 752 ) is granted. The court incorporates the sur-reply attached to Exmark's motion without the need for re-filing. Briggs' Motion to Transfer (Filing No. 715 ) is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
730
STRICKEN - ORDER setting response deadline on MOTION to Transfer 715 .Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 5/7/2018 to add "stricken" text pursuant to Order 731(TLSS).
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Filing
710
ORDER - IT IS ORDERED that the parties shall proceed according to the schedule and deadlines set forth in the stipulation (Filing No. 709). Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
689
MEMORANDUM AND ORDER - IT IS ORDERED: Exmark's motions for attorney fees and enhanced damages (Filing No. 646 ) is granted with respect to enhanced damages and denied with respect to attorney fees. A judgment for enhanced damages in the amount of $24,280,330.00 will issue this date. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
677
ORDER granting 674 Stipulation for Dismissal. IT IS FURTHER ORDERED that Count II against Schiller in the First Amended Complaint (Docket No. 14) and all defenses and counterclaims asserted by Schiller in the present action as set forth in Sch iller's Amended Answer, Affirmative Defenses, and Counterclaims to the First Amended Complaint (Docket No. 57) are hereby dismissed with prejudice and without costs. IT IS FURTHER ORDERED that nothing in this Order shall have any bearing on the currently pending case between Plaintiff Exmark and Defendant Briggs & Stratton Power Products Group, LLC. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
621
ORDER granting 608 Request for Transcript (Non-Party). The nonparty petitioner, Rebecca D. Ward, must contact court reporter Sue DeVetter to make arrangements for the preparation and payment of the transcript. The Clerk's Office is directed to mail a copy of this order to the party requesting the transcript. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed as directed)(ADB)
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Filing
620
ORDER that Trial Exhibits are due on or before 12/4/15. Pretrial Conference set for 12/18/2015 at 09:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 1/19/2016 before Senior Judge Joseph F. Bataillon Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
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Filing
606
ORDER - The plaintiff shall file a brief addressing the issue of damages for willfulness within 14 days of the date of this order. The defendant shall file a brief addressing the issue of damages for willfulness within 14 days thereafter. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
566
ORDER - IT IS ORDERED that the defendant's motion for reconsideration (Filing No. 534 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
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Filing
477
MEMORANDUM AND ORDER - IT IS ORDERED: The defendants' joint motion to exclude the opinions of Melissa Bennis (Filing No. 416 ) is denied. The defendants' joint motion to exclude the testimony of Paul Strykowski and Garry Busboom (Filing No. 354 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
405
ORDER - 1. The parties' stipulation (Filing No. 404 ) is adopted; 2. Defendants Briggs and Schiller's motions relating to the admissibility of the testimony of Mr. Kent Herink, Filing Nos. 343 and 349 , are dismissed and termed on the do cket; 3. Plaintiff Exmark shall not call Mr. Kent Herink as a witness at trial; 4. Defendant Schiller has withdrawn all aspects of the expert reports of Mr. Sean Suiter with the exception of Mr. Suiter's opinion about the reasonable business sta ndards applicable to purchasers in asset purchase agreements involving intellectual property transfers. Exmark does not agree that Mr. Suiter's testimony on this limited issue is admissible at trial. The admissibility of Mr. Suiter's testimony in this regard will be addressed at trial through voir dire. Ordered by Magistrate Judge Thomas D. Thalken. (NMW)
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Filing
362
ORDER - Schiller's Motion to Compel Reopening of Deposition of Plaintiff's Damages Expert Melissa Bennis (Filing No. 281 ) is denied. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
280
ORDER - The parties' Stipulated and Joint Motion for Extension of Time to File Summary Judgment Motions and Opening Brief (Filing No. 278 ) is granted. Summary judgment motions and opening briefs shall be filed on or before February 17, 2015. All other deadlines shall remain unchanged. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
276
ORDER - This matter is before the court following a telephone conference with counsel on February 6, 2015. Derek Vandenburgh and Joseph W. Winkels represented the plaintiff, Exmark Manufacturing Company Inc. (Exmark). Marc A. Cohn represented the defendant, Briggs & Stratton Power Products Group, LLC (Briggs). Rebecca D. Ward represented the defendant, Schiller Grounds Care, Inc. The court addressed Exmark's counsel's request for clarification of the court's Order (Filing N o. 274 ) regarding the disclosure of a document identified as 206 in Exmark's Privilege Log. The court requested and Exmark provided by facsimile document 206 for in camera review. After review, the court finds document 206 is Exmark's "Potential Patent Infringements" list. Therefore, as the list is protected under the attorney-client privilege as explained in the court's Order (Filing No. 274 ), document 206 is privileged. While Exmark is not compelled to produc e the list, Exmark may not assert the attorney-client privilege as to underlying facts in the list, or any of the list's iterations, during the upcoming Rule 30(b)(6) deposition. Exmark's Rule 30(b)(6) deponent should be knowledgeable in the underlying factual content of the list. Exmark's facsimile submission will be separately filed under seal. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
274
ORDER - Briggs' Motion to Compel Production of Exmark's Patent Infringement Potentials List and Related Documents (Filing No. 255 ) is granted in part and denied in part as set forth in this Order. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
267
ORDER granting 266 Motion to Extend. The Stipulated and Joint Motion for Extension of Time (Filing No. 266 ) is granted. The deposition of Melissa Bennis shall be completed on or before February 9, 2015. Ordered by Magistrate Judge Thomas D. Thalken. (NMW)
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Filing
260
ORDER - The plaintiff's Motion to Strike New Expert Opinions of Mark Wegner as Untimely Under the Amended Scheduling Order (Filing No. 237 ) is granted as set forth in this Order. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
156
MEMORANDUM AND ORDER on claim construction (Markman). Ordered by Chief Judge Joseph F. Bataillon. (SMS)
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Filing
110
ORDER - A Markman hearing will be held before Chief Judge Joseph F. Bataillon in Courtroom No. 3, Third Floor, Roman L. Hruska, U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:00 a.m. on September 1, 2011. Within ten working days following the courts ruling on claim construction, the plaintiff shall initiate a telephone planning conference with all parties and the undersigned magistrate judge in order to schedule this matter to trial. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
102
ORDER - The plaintiff's Motion for Protective Order to Preclude Deposition of Attorney Dennis Thomte 76 is denied. Any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
97
ORDER - The Stipulated and Joint Motion for Order Extending Time for Mediation 96 is granted. The court amends its February 18, 2011, Mediation Reference Order 87 as follows: Plaintiff and Defendant Schiller Grounds Care, Inc. are given until no later than April 26, 2011, to utilize the private mediation services of Mr. Michael Warnecke. All other aspects of the Court's previous Order shall remain unchanged. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
63
STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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