Phil-Insul Corp. v. Reward Wall Systems, Inc. et al
| Phil-Insul Corp. |
| Reward Wall Systems, Inc., Polyform, A.G.P., Nudura Corporation, BuildBlock Building Systems, LLC and Amvic Corporation |
| Reward Wall Systems, Inc., Polyform, A.G.P., Nudura Corporation, Amvic Corporation and BuildBlock Building Systems, LLC |
| Phil-Insul Corp. |
| James W. Knowles |
| 8:2012cv00091 |
| March 6, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| F.A. Gossett |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
274
ORDER - IT IS THEREBY ORDERED that the stay in this case, Filing No. 257 , is lifted. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
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Filing
257
MEMORANDUM AND ORDER - Counts I, II, III and IV of Plaintiff's complaint are dismissed with prejudice, and that Plaintiff takes nothing from Defendants. The Court grants the motion 255 of Plaintiff for certification and the parties' st ipulated request for a Rule 54(b) certification for immediate appeal of the final judgment dismissing Counts I, II, III and IV of Plaintiff's complaint on the grounds of non-infringement. All other claims, counterclaims and any other matters pending before the Court, including but not limited to discovery and any motions for attorneys fees and taxation of costs, are hereby stayed. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
253
MEMORANDUM AND ORDER - Defendant BuildBlock Building System LLC's Motion for Summary Judgment, Filing No. 205 , and Defendant Reward Wall Systems Motion for Partial Summary Judgment, Filing No. 218 , are granted. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
250
MEMORANDUM AND ORDER - Polyform's Statement of Objections (Filing No. 245 ) to the Findings and Recommendation of the magistrate judge (Filing No. 244 ) is denied. The Findings and Recommendations of the magistrate judge (Filing) No. 244 ) are adopted. Polyform's Motion for Sanctions Pursuant to Rule 11 (Filing No. 72 ) is denied. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
235
ORDER - The deadlines in the Final Progression Order (Filing No. 162 ) are suspended pending the court's rulings on the Motion for Summary Judgement (Filing No. 205 ) and the Motion for Partial Summary Judgement (Filing No. 218 ). Plainti ff shall have to on or before January 18, 2013, in which to respond to the Motion for Partial Summary Judgement (Filing No. 218 ). Defendant Reward Wall Systems, Inc., shall have to on or before January 31, 2013, to reply. Within ten (10) calenda r days after the court's ruling on the pending motions for summary judgment (Filing Nos. 205 and 218 ), plaintiff shall arrange and initiate a telephone conference with counsel for all parties and the undersigned magistrate judge to schedul e this matter for trial. Any defendant seeking a determination of a Motion for Sanctions pursuant to Federal Rule of Civil Procedure 11 (Filing No. 72 transferred from the Eastern District of Texas) shall file its request on or before December 27, 2012. Movants may supplement the motion, briefing, and supporting documentation on or before January 11, 2013. Any response may be supplemented on or before January 18, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
230
ORDER - This matter is before the court after reassignment of judges (Filing No. 229 ). The June 11, 2012, Final Progression Order (Filing No. 162 ) remains in effect, however the undersigned magistrate judge will hold the Final Pretrial Confere nce, in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska, and the Honorable Joseph F. Bataillon will preside over the final Markman hearing and jury trial. In any event, the undersigned magistrat e judge will hold a telephone conference with counsel for the parties within ten days of the courts resolution of the defendants' motions for summary judgment (Filing Nos. 205 and 218 ). Counsel for the plaintiff shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone conference. IT IS SO ORDERED.Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
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Filing
228
RECUSAL ORDER. The undersigned Judge does recuse herself from the above-designated case. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
215
MEMORANDUM AND ORDER - The following motions are granted: a. The Motion for Summary Judgment (Filing No. 169 ) filed by Defendants Polyform, A.G.P., Inc. and Nudura Corporation; b. The Motion for Partial Summary Judgment (Filing No. 178 ) filed b y Defendant Reward Wall Systems, Inc.; c. The Motion for Partial Summary Judgment (Filing No. 189 ) filed by Defendant Amvic Corporation, are granted. All claims of infringement asserted against Defendants Polyform, A.G.P., Inc., and Nudura Corp oration, are dismissed. The claims of infringement asserted against Defendant Reward Wall Systems, Inc., with respect to its eForm ICF products are dismissed. The claims of infringement asserted against Defendant Amvic Corporation with respect to its Amvic ICF Block products are dismissed. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
208
ORDER - IT IS ORDERED: Victoria H. Buter's Motion to Withdraw as Counsel (filing 204 ) is granted. The Clerk of Court shall terminate the appearance of Victoria H. Buter as counsel for Defendant Reward Wall Systems, Inc. and shall terminate future notices to Victoria H. Buter in this action. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
192
ORDER - IT IS ORDERED: Plaintiff's Motion Pursuant to Fed. R. Civ. P. 56(d) to Permit Integraspec to Obtain Evidence in Response to the Polyform Defendants' Motion for Summary Judgment of Non-Infringement (filing 172 ) is granted. Jean Louis Beliveau shall appear for deposition by or before October 12, 2012. Plaintiff shall respond to the Polyform Defendants' motion for summary judgment (filing 169 ) within fourteen days of the completion of Beliveau's deposition. The Polyform Defendants' Motion for Protective Order (filing 175 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
168
MEMORANDUM AND ORDER RE: CLAIM CONSTRUCTION - IT IS ORDERED: 1. The Court construes the term "adjacent" to mean "next to... on the same panel or sidewall"; 2. The Court construes the term "substantially the same dimension&q uot; to mean "have the same measurable length, breadth, area and volume, with only minor variations in dimension of up to about 10%," and 3. The Court construes the term "substantially planar ends" to mean "substantially flat ends." Ordered by Chief Judge Laurie Smith Camp. (TCL )
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Filing
156
ORDER - The Unopposed Motion to Withdraw as Counsel (filing 154 ) is granted. The Clerk of Court shall terminate the appearance of Andrew Gilfoil as counsel in this matter and, additionally, shall terminate future notices to Andrew Gilfoil in this case. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
151
ORDER - Reward Wall Systems, Inc.'s Unopposed Motion to Withdraw as Counsel (filing 150 ) is granted. The Clerk of Court shall terminate the appearances of J. Thad Heartfield and M. Dru Montgomery as counsel of record for Reward Wall Systems, Inc. Additionally, the Clerk of Court shall terminate future notices to J. Thad Heartfield and M. Dru Montgomery regarding this action. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
148
ORDER - Defendants Nudura Corporation and Polyform, A.G.P., Inc.'s Unopposed Motion to Withdraw as Counsel (filing 147 ) is granted. The Clerk of Court shall terminate the appearances of S. Calvin Capshaw, Elizabeth L. DeRieux, D. Jeffrey Ram bin and the law firm of Capshaw, DeRieux, LLP as counsel of record for Defendants Nudura Corporation and Polyform, A.G.P., Inc. and shall terminate future notices to these individuals and law firm in this matter. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
146
ORDER - IT IS ORDERED: The Unopposed Motion to Withdraw as Counsel (filing 145 ) is granted. The Clerk of Court shall terminate David A. Skeels as an attorney of record for Plaintiff and shall terminate future notices to Mr. Skeels regarding this case. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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