Server Technology, Inc. v. American Power Conversion Corporation
Case Number: 3:2006cv00698
Filed: December 18, 2006
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Larry R. Hicks
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
May 1, 2018 Opinion or Order Filing 749 ORDER granting Motion to Extend Time (ECF No. 747 ) : APC's requested extension to file its response to STI's objections to APC's bill of costs (ECF No. 742 ) is granted. Therefore, the deadline for APC's bill of costs is extended two-weeks from May 2, 2018 to May 16, 2018. Signed by Judge Larry R. Hicks on 5/1/2018. (Copies have been distributed pursuant to the NEF - DRM)
April 13, 2018 Opinion or Order Filing 743 ORDER that the deadline for APC to file its bill of costs is extended to 4/27/2018. Signed by Judge Larry R. Hicks on 4/13/2018. (Copies have been distributed pursuant to the NEF - KW)
March 30, 2018 Opinion or Order Filing 739 ORDERED that defendant's renewed motion for summary judgment (ECF No. 718 ) is GRANTED. Claim 15 of the '543 patent and Claim 15 of the '771 patent are invalid as obvious. IT IS FURTHER ORDERED that the clerk of court shall ent er judgment in favor of defendant Schneider Electric IT Corporation, formerly known as American Power Conversion Corporation, and against plaintiff Server Technology, Inc., on plaintiff's claim for patent infringement that defendant infringed C laim 15 of the '543 patent and Claim 15 of the '771 patent. IT IS FURTHER ORDERED that the parties shall to submit a joint status report outlining any remaining issues for the court by 4/19/2018. Signed by Judge Larry R. Hicks on 3/30/2018. (Copies have been distributed pursuant to the NEF - DRM)
January 9, 2018 Opinion or Order Filing 738 ORDER granting ECF No. 737 Motion to Withdraw as Attorney Chad J. Ray as Counsel for Defendant Schneider Electric IT Corp. Signed by Magistrate Judge Valerie P. Cooke on 1/9/2018. (Copies have been distributed pursuant to the NEF - KW)
September 26, 2017 Opinion or Order Filing 731 ORDERED that the parties' joint motion to substitute party (ECF No. 707 ) is GRANTED. Schneider Electric IT Corporation shall be SUBSTITUTED as the DEFENDANT in this action. IT IS FURTHER ORDERED that all future pleadings in this action shall be re-captioned with Schneider Electric IT Corporation, f.k.a. American Power Conversion Corporation, as the named defendant. Signed by Judge Larry R. Hicks on 9/26/2017. (Copies have been distributed pursuant to the NEF - DRM)
May 12, 2017 Opinion or Order Filing 702 AMENDED ORDER Entering Ongoing Royalty. Signed by Judge Larry R. Hicks on 05/12/2017. (Copies have been distributed pursuant to the NEF - KW)
February 23, 2017 Opinion or Order Filing 691 ORDER that the following docket entries are VACATED in accordance with this Order ECF Nos. 381 , 420 , 590 , 614 , 615 , 651 , 653 , 654 , and 663 . It is Further Ordered that the parties to file a proposed scheduling order by 3/26/2017. Signed by Judge Larry R. Hicks on 02/23/2017. (Copies have been distributed pursuant to the NEF - KW)
July 13, 2015 Opinion or Order Filing 678 ORDER granting 675 Motion for Stay of Marking Requirement. Signed by Judge Larry R. Hicks on 7/13/15. (Copies have been distributed pursuant to the NEF - JC)
June 18, 2015 Opinion or Order Filing 670 ORDER granting 667 Unopposed Motion for Approval of Supersedeas Bond and Stay of Judgment. Signed by Judge Larry R. Hicks on 6/18/2015. (Copies have been distributed pursuant to the NEF - KR)
May 21, 2015 Opinion or Order Filing 663 ORDER Entering Ongoing Royalty. Signed by Judge Larry R. Hicks on 5/21/15. (Copies have been distributed pursuant to the NEF - JC)
April 15, 2015 Opinion or Order Filing 653 ORDER of Amended Judgment (Ref 652 -1 Proposed Order). Clerk shall enter amended judgment in accordance with the terms of attached order. Signed by Judge Larry R. Hicks on 4/14/15. (Copies have been distributed pursuant to the NEF - JC)
March 31, 2015 Opinion or Order Filing 651 ORDERED that plaintiff's # 618 Motion for a Permanent injunction, or in the alternative, for a compulsory license is DENIED in-part and GRANTED in-part in accordance with this order. The parties shall have until 4/30/2015 to prepare an appr opriate compulsory license and submit the same for approval and signature of the court. ( See pdf order for specifics. ) FURTHER ORDERED that plaintiff's# 619 Motion for supplemental damages and prejudgment interest is GRANTED. Plaint iff shall have until 4/10/2015 to prepare an appropriate order of supplemental damages and prejudgment interest and submit the same for approval and signature of the court. FURTHER ORDERED that defendant's # 626 Renewed Motion for judgment as a matter of law, or in the alternative, for a new trial is DENIED. Signed by Judge Larry R. Hicks on 3/31/2015. (Copies have been distributed pursuant to the NEF - DRM)
September 8, 2014 Opinion or Order Filing 627 ORDER re 618 and 619 motions, 623 bill of costs: Defendant APC's response(s) and/or objections due 9/22/2014. Signed by Judge Larry R. Hicks on 9/8/2014. (Copies have been distributed pursuant to the NEF - KR)
August 8, 2014 Opinion or Order Filing 613 FINDINGS OF FACT AND CONCLUSIONS OF LAW Regarding APC's Inequitable Conduct Counterclaim. APC's affirmative defense and counterclaim is denied. Signed by Judge Larry R. Hicks on 8/8/2014. (Copies have been distributed pursuant to the NEF - KR)
June 18, 2014 Opinion or Order Filing 610 ORDER denying 545 Motion for Summary Judgment. Signed by Judge Larry R. Hicks on 6/18/14. (Copies have been distributed pursuant to the NEF - JC)
May 2, 2014 Opinion or Order Filing 524 ORDERED that defendant's renewed # 509 Motion in limine #7 to preclude evidence of infringement is DENIED. FURTHER ORDERED that defendant's # 514 Motion for clarification is GRANTED in accordance with this order. FURTHER ORDERED that p laintiff's # 518 Motion to file a sur-reply is GRANTED nunc pro tunc. Plaintiff Server Technology, Inc. shall have 3 days from entry of this order to file the sur-reply attached as Exhibit 1 to its motion (Doc. # 518 , Exhibit 1). Signed by Judge Larry R. Hicks on 5/2/2014. (Copies have been distributed pursuant to the NEF - DRM)
April 15, 2014 Opinion or Order Filing 513 ORDERED that defendant/counterclaimant's motion to seal (# 435 ); and plaintiff/counterdefendant's motions to seal (## 461 , 474 ) are GRANTED. Signed by Judge Larry R. Hicks on 4/14/2014. (Copies have been distributed pursuant to the NEF - DRM)
March 31, 2014 Opinion or Order Filing 505 ORDERED that plaintiff's # 430 Motion to bifurcate, # 431 Motion in limine #1 to exclude reference to ongoing patent reexamination proceedings, and # 433 Motion in limine #3 to exclude evidence not disclosed in the final invalidity contenti ons are GRANTED. FURTHER ORDERED that defendant's # 441 Motion in limine #4 to limit the scope of expert testimony and # 446 Motion in limine #8 to bifurcate the trial are DENIED. Defendant's # 438 Motion in limine #2 to preclude opi nion and argument contrary to law; # 440 Motion in limine #3 to preclude expert testimony on legal principles; and # 443 Motion in limine #6 to preclude evidence of secondary considerations of non-obviousness are DENIED without prejudice. FU RTHER ORDERED that, consistent with the parties' # 491 Joint status report, the parties remaining motions: plaintiff's # 432 Motion in limine #2 to exclude reference to false marking and # 434 Motion in limine #4 to exclude the expe rt testimony of Nicholas Godici; and defendant's # 436 Motion in limine #1 to exclude certain rebuttal evidence, # 438 Motion in limine #2 to preclude opinion and argument contrary to law, # 442 Motion in limine #5 to preclude contradicto ry testimony, # 445 Motion in limine #7 to preclude evidence of infringement, and # 447 Motion in limine #9 to preclude evidence concerning certain counterclaims are DENIED without prejudice. Signed by Judge Larry R. Hicks on 3/31/2014. (Copies have been distributed pursuant to the NEF - DRM)
October 9, 2013 Opinion or Order Filing 426 ORDER granting 425 Motion for Extension of Time : Proposed Joint Pretrial Order due by 11/22/2013. ( See pdf order for additional deadlines. ) Signed by Judge Larry R. Hicks on 10/9/2013. (Copies have been distributed pursuant to the NEF - DRM)
August 22, 2013 Opinion or Order Filing 423 ORDER granting 406 Motion for Summary Judgment. The clerk shall enter judgment in favor of plaintiff Server Technology, Inc. and against defendant American Power Conversion Corp. on defendant's fifth counterclaim for False Marking under 35 U.S.C. §292. Proposed Joint Pretrial Order due by 9/21/2013. Signed by Judge Larry R. Hicks on 08/22/2013. (Copies have been distributed pursuant to the NEF - KR)
July 22, 2013 Opinion or Order Filing 420 ORDER DENYING D's 385 Motion for reconsideration. Signed by Judge Larry R. Hicks on 7/22/2013. (Copies have been distributed pursuant to the NEF - DRM)
June 5, 2013 Opinion or Order Filing 416 ORDER DENYING 388 Request for Status Conference; GRANTING nunc pro tunc 392 Motion to Extend Time; GRANTING 395 Motion to Strike or, Alternatively, for Leave to Submit Sur-Reply. Plaintiff/counter-defendant Server Technology, Inc. shall have 10 days after entry of this order to file a sur-reply of not more than 10 pages in response to defendant's reply to its motion for reconsideration. Signed by Judge Larry R. Hicks on 06/04/2013. (Copies have been distributed pursuant to the NEF - KR)
October 17, 2012 Opinion or Order Filing 387 ORDER 377 Motion for Clarification is CLARIFIED in accordance with this order. Please see attached for details. Signed by Judge Larry R. Hicks on 10/16/12. (Copies have been distributed pursuant to the NEF - JC)
September 28, 2012 Opinion or Order Filing 381 ORDERED that defendant's # 287 Motion for summary judgment is GRANTED in-part and DENIED in-part in accordance with this order. Signed by Judge Larry R. Hicks on 9/28/2012. (Copies have been distributed pursuant to the NEF - DRM)
July 26, 2012 Opinion or Order Filing 369 ORDER. IT IS ORDERED that STI's motion to dismiss 340 is DENIED. IT IS FURTHER ORDERED that the hearing on STI's motion to dismiss 340 currently scheduled for Tuesday, August 21, 2012, at 10:00 a.m. is VACATED. IT IS SO ORDERED. Signed by Judge Larry R. Hicks on 7/26/2012. (Copies have been distributed pursuant to the NEF - MLC)
March 28, 2012 Opinion or Order Filing 355 ORDER GRANTING plaintiff/counter-defendant's 285 , 308 , AND 316 Motions seal certain exhibits/appendix. FURTHER ORD GRANTING defendant/counter-claimant's # 354 Motion for leave to seal certain exhibits. Signed by Judge Larry R. Hicks on 3/28/2012. (Copies have been distributed pursuant to the NEF - DRM)
February 23, 2012 Opinion or Order Filing 342 MINUTES OF PROCEEDINGS - Motion Hearing held on 2/23/2012 before Judge Larry R. Hicks. Crtrm Administrator: Dionna Negrete; Pla Counsel: James E. Hartley, Donald A. Degnan, Michael R. Henson, and Matthew B. Hippler; Def Counsel: Ter rance Truax, Kristopher R. Kiel, Michael Babbitt, Stephen Geissler, and William Peterson; Court Reporter/FTR #: Donna Davidson; Time of Hearing: 10:00 a.m. - 5:55 p.m.; Courtroom: 5. Court convenes. All parties are present. C ounsel present argument as to their respective positions as to Motions 277 , 279 and 287 . IT IS ORDERED that Plaintiff's Motion 279 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion 277 and Defendant's Motion 287 , stand submitted. IT IS ORDERED that the parties shall submit simultaneous Proposed Orders by 3/16/12. Court adjourns. (See attached minute order for specifics) (Copies have been distributed pursuant to the NEF - DBN)
May 6, 2011 Opinion or Order Filing 258 ORDER. IT IS ORDERED that D/CC's 221 motion to strike is DENIED. FURTH ORD that P/CD shall have up to and including 10 days after entry of order to file an amended answer. Signed by Judge Larry R. Hicks on 5/6/2011. (Copies have been distributed pursuant to the NEF - PM)
April 14, 2011 Opinion or Order Filing 250 ORDER GRANTING in part and DENYING in part APC's # 235 Motion to Compel. ( see pdf order for specifics ) FURTHER ORD the parties shall meet and confer to develop an amended discovery schedule for this case. The parties shall submit the schedule to this court for approval. Signed by Magistrate Judge Valerie P. Cooke on 4/14/2011. (Copies have been distributed pursuant to the NEF - DRM)
February 4, 2011 Opinion or Order Filing 219 ORDER granting 218 Stipulation concerning schedule and vacating case management conference of February 7, 2011. Close of fact discovery: 4/29/11; Expert disclosures: 5/13/11; Rebuttal expert reports: 6/13/11; Close of expert discovery: 7/15/11; Dispositive motion deadline: 8/12/11; Oppositions to dispositive motions: 9/12/11; Reply briefs: 9/27/11. Signed by Magistrate Judge Valerie P. Cooke on 2/4/11. (Copies have been distributed pursuant to the NEF - DN)
January 27, 2011 Opinion or Order Filing 212 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 1/27/2011. IT IS HEREBY ORDERED that defendants' 211 motion to unseal its amended answer is GRANTED. Defendants' 207 motion for leave to file under seal its amended answer is DENIED as moot. The Clerk shall UNSEAL the 208 amended answer. (Copies have been distributed pursuant to the NEF - KO)
April 26, 2010 Opinion or Order Filing 165 ORDER. IT IS ORDERED that P/CD's 72 motion for partial summary judgment is DENIED. Signed by Judge Larry R. Hicks on 4/23/2010. (Copies have been distributed pursuant to the NEF - PM)
April 19, 2010 Opinion or Order Filing 163 CLAIM CONSTRUCTION ORDER : ORDERED that the disputed claim terms are to be construed consistent with the court's order herewith. IT IS FURTHER ORDERED that APC's 157 Motion to file a surreply is GRANTED. Signed by Judge Larry R. Hicks on 4/16/2010. (Copies have been distributed pursuant to the NEF - DRM)
January 7, 2009 Opinion or Order Filing 152 ORDER APPROVING 149 parties' Stipulation for an extension of time for parties to file their answering and reply briefs. ( Answering brief due by 1/5/2009, Reply brief due by 1/12/2009.) Signed by Judge Larry R. Hicks on 1/5/09. (Copies have been distributed pursuant to the NEF - SL)
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