Cornell University, et al v. Hewlett Packard Co.
| Cornell Research Foundation, Inc. and Cornell University |
| Hewlett Packard Company |
| 5:2001cv01974 |
| December 27, 2001 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Tompkins |
| David E Peebles |
| Randall R Rader |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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Filing 1141
TEXT ORDER: Based upon the #1140 objections filed to the Order to Show Cause, the documents in this action designated as "sealed" will remain restricted for viewing as sealed and will continue to be maintained in the Syracuse Clerk's Office. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/19/2021. (sal )
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| Filing 1140 RESPONSE TO ORDER TO SHOW CAUSE filed by Hewlett Packard Company. (Brydges, Jerauld) |
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Filing 1139
TEXT ORDER TO SHOW CAUSE BY THE COURT to Unseal Case: Parties shall show cause to the Court by 3/26/2021 why this case should not be unsealed for purposes of shipment and storage at the Federal Records Center. If no objections are received by above date, the case will be unsealed without further order of the Court. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/18/2021. (sal)
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Filing 1138
ORDER of USCA - Appellant and Cross Appellants stipulate and agree that their appeals be dismissed and that the parties shall bear their own costs on appeal. The motion is granted. USCA Appeals 2009-1335 and 2009-1336 #1109 Notice of Appeal filed by Cornell University, Cornell Research Foundation, Inc., #1100 Notice of Appeal filed by Hewlett Packard Company are dismissed. Each side shall bear their own costs. Signed by Jan Horbaly, Clerk, dated 7/7/10. (mnm)
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| Filing 1137 Final Report on the Determination of an Action regarding patent number 4,807,115. (cbm ) |
| Filing 1136 TRANSCRIPT of Proceedings: Jury Selection held on 5/19/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315) 234-8547. Juror Names have been redacted in this transcript consistent with U.S. District Court redaction policy. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/12/2010. Redacted Transcript Deadline set for 2/22/2010. Release of Transcript Restriction set for 4/22/2010. Notice of Intent to Redact due by 1/27/2010 (jlh, ) |
| Filing 1135 TRANSCRIPT REQUEST by Quinn Emanuel Law Firm, non-party for Jury Selection proceedings held on 5/19/08 before Judge Randall R. Rader. (jlh, ) |
| U.S. Court of Appeals for the Federal Circuit Case Number is 2009-1335 for #1100 Appeal filed by Hewlett Packard Company. (cbm ) |
| U.S. Court of Appeals for the Federal Circuit Case Number is 2009-1336 for #1109 Appeal filed by Cornell University, Cornell Research Foundation, Inc. (cbm ) |
| Filing 1134 Supersedeas Bond in the amount of $ $79,064,511.53 as to by Hewlett Packard Company by Safeco Insurance Company of America. (mnm) |
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Filing 1133
ORDER of United States Court of Appeals for the Federal Circuit reactivating the appeal as of 6/18/09. (dmf)
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| Filing 1132 NOTICE/INFORMATION SHEET FOR FEDERAL CIRCUIT - notifying them to reinstate appeal: re #1130 Notice Amended Appeal, 1131] Notice of Amended Appeal, #1129 Amended Judgment, sent copies of documents as well as docket sheet in this case. (mnm) |
| Filing 1131 NOTICE by Hewlett Packard Company(a Delaware corporation) Defendant and Counterclaimant Hewlett Packard Company's Amended Notice of Appeal (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C)(Penning, Erin) |
| Filing 1130 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' AMENDED NOTICE OF APPEAL (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Kim, Olivia) |
| Filing 1129 AMENDED JUDGMENT-- the plaintffs, Cornell Research Foundation, Inc., and Cornell University, are awarded 1) damages for patent infringement in the amount of $53,494,282.00, 2) prejudgment interest compounded annuall from August 1, 1996, until the judgment date of May 15, 2009, at the average T-Bill rate during that time, in the amount of $16,791,107.00 and 3) taxable costs in the sum of $943,675.44, for a total sum of $71,229,064.44. The plaintiffs are awarded post-judgment interest commencing from the aforementioned judgment date at the rate set by 28 USC 1961. All pending motions not previously addressed by the Court are DENIED. (mnm) |
| Filing 1128 Joint MOTION to Amend/Correct #1127 Judgment filed by Hewlett Packard Company. (Attachments: #1 Proposed Order/Judgment) (Penning, Erin) |
| Filing 1127 JUDGMENT on Costs in favor of Cornell Research Foundation, Inc., Cornell University against Hewlett Packard Company. (mnm) |
| Filing 1126 MEMORANDUM, DECISION, AND ORDER - Cornell's motion for attorneys' fees is denied #1103 Motion for Attorney Fees. The plaintiffs are awarded (1) taxable costs in the sum of $943,675.44, (2) prejudgment interest, compounded annually, from August 1, 1996, until the date of judgment, March 31, 2009, the average T-Bill rate during that time; and (3) post-judgment interest at the rate set by 28 USC 1961. Clerk is to enter judgment accordingly. Signed by Federal Circuit Judge Randall R. Rader on 5/15/09. (mnm) |
| Filing 1125 NOTICE by Cornell Research Foundation, Inc., Cornell University re #1110 Bill of Costs,,,, REPLY IN SUPPORT OF BILL OF COSTS (Attachments: #1 Declaration of Sandra Fujiyama (Supplemental), #2 Exhibit(s) 18, #3 Exhibit(s) 19, #4 Exhibit(s) 20)(Kim, Olivia) |
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Filing 1124
ORDER of USCA Federal Circuit as to #1109 Notice of Appeal filed by Cornell University, Cornell Research Foundation, Inc. #1100 Notice of Appeal filed by Hewlett Packard Company. Upon consideration of the notices of appeal, a motion of the type enumberated in Fed. R. App. R. 4(a)(4) has been filed in the USDC NYND rendering the notices of appeal ineffective, and it is ORDERED that the appeals are hereby DEACTIVATED. The appeals will be reactivated upon entry of the order disposing of the last such motion outstanding. (mnm)
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| Filing 1123 NOTICE of Docketing from the USCA Federal Circuit. Case No. 2009-1335 & 2009-1336 #1117 Appeal Remark (mnm) |
| Filing 1122 NOTICE by Hewlett Packard Company re #1110 Bill of Costs,,,, Opposition to Cornell's Bill of Costs (Attachments: #1 Declaration of Erin Penning, #2 Exhibit(s) A to Penning Decl., #3 Notice of Lodgment, #4 Lodgment Ex. A, #5 Lodgment Ex. B, #6 Lodgment Ex. C, #7 Lodgment Ex. D, #8 Lodgment Ex. E, #9 Lodgment Ex. F)(Penning, Erin) |
| Filing 1121 ***SEALED DOCUMENT by Cornell Research Foundation, Inc., Cornell University, Cornell Research Foundation, Inc., Cornell University. (mnm) (Additional attachment(s) added on 6/13/2018: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6) (rjb, ). |
| Filing 1120 ***SEALED DOCUMENT by Cornell Research Foundation, Inc., Cornell University, Cornell Research Foundation, Inc., Cornell University. (mnm) (rjb, ). |
| Filing 1119 REPLY to Response to Motion re #1103 MOTION for Attorney Fees PARTIAL FEES AND COSTS UNDER 35 U.S.C. 285 filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Declaration of O. Kim (Supplemental), #2 Exhibit(s) 19 to Kim Decl., #3 Exhibit(s) 20 to Kim Decl., #4 Exhibit(s) 21 to Kim Decl., #5 Exhibit(s) 22 to Kim Decl., #6 Exhibit(s) 23 to Kim Decl., #7 Exhibit(s) 24 to Kim Decl., #8 Exhibit(s) 25 to Kim Decl., #9 Exhibit(s) 26 to Kim Decl., #10 Exhibit(s) 27 to Kim Decl., #11 Exhibit(s) 28 to Kim Decl., #12 Exhibit(s) 29 to Kim Decl., #13 Exhibit(s) 30 to Kim Decl.)(Kim, Olivia) |
| Filing 1118 REPLY to Response to Motion re #1102 MOTION to Alter Judgment For Entry of an Award of Prejudgment and Post-Judgment Interest filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Declaration of M. Stewart (Supplemental), #2 Exhibit(s) 7 to Stewart Decl., #3 Exhibit(s) 8 to Stewart Decl., #4 Exhibit(s) 9 to Stewart Decl., #5 Exhibit(s) 10 to Stewart Decl., #6 Declaration of O. Kim, #7 Exhibit(s) 1 to Kim Decl., #8 Exhibit(s) 2 to Kim Decl., #9 Exhibit(s) 3 to Kim Decl., #10 Exhibit(s) 4 to Kim Decl., #11 Exhibit(s) 5 to Kim Decl., #12 Exhibit(s) 6 to Kim Decl., #13 Exhibit(s) 7 to Kim Decl., #14 Exhibit(s) 8 to Kim Decl., #15 Exhibit(s) 9 to Kim Decl., #16 Exhibit(s) 10 to Kim Decl., #17 Exhibit(s) 11 to Kim Decl., #18 Exhibit(s) 12 to Kim Decl., #19 Exhibit(s) 13 to Kim Decl., #20 Exhibit(s) 14 to Kim Decl., #21 Exhibit(s) 15 to Kim Decl., #22 Exhibit(s) 16 to Kim Decl., #23 Exhibit(s) 17 to Kim Decl., #24 Exhibit(s) 18 to Kim Decl., #25 Exhibit(s) 19 to Kim Decl., #26 Exhibit(s) 20 to Kim Decl., #27 Exhibit(s) 21 to Kim Decl., #28 Exhibit(s) 22 to Kim Decl., #29 Exhibit(s) 23 to Kim Decl., #30 Exhibit(s) 24 to Kim Decl., #31 Exhibit(s) 25 to Kim Decl., #32 Exhibit(s) 26 to Kim Decl., #33 Exhibit(s) 27 to Kim Decl., #34 Exhibit(s) 28 to Kim Decl., #35 Exhibit(s) 29 to Kim Decl., #36 Exhibit(s) 30 to Kim Decl., #37 Exhibit(s) 31 to Kim Decl., #38 Exhibit(s) 32 to Kim Decl., #39 Exhibit(s) 33 to Kim Decl., #40 Exhibit(s) 34 to Kim Decl., #41 Exhibit(s) 35 to Kim Decl., #42 Exhibit(s) 36 to Kim Decl., #43 Exhibit(s) 37 to Kim Decl., #44 Exhibit(s) 38 to Kim Decl., #45 Exhibit(s) 39 to Kim Decl., #46 Supplemental Notice of Lodgment of Authority Reported Electronically, #47 Exhibit(s) C to Lodgment, #48 Exhibit(s) D to Lodgment, #49 Exhibit(s) E to Lodgment, #50 Exhibit(s) F to Lodgment, #51 Exhibit(s) G to Lodgment)(Kim, Olivia) |
| Filing 1117 Appeal Notification & Certification sent to Federal Circuit via USPS. RE: re #1109 Notice of Appeal, #1100 Notice of Appeal (mnm) |
| Filing 1116 NOTICE by Hewlett Packard Company re #1114 Response in Opposition to Motion Notice of Lodgment of Authority Reported Electronically in Support of Defendant Hewlett-Packard Company's Opposition to Cornell's Motion to Amend Judgment for Entry of an Award of Prejudgment and Post-Judgment Interest (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Penning, Erin) |
| Filing 1115 AFFIDAVIT in Opposition re #1102 MOTION to Alter Judgment For Entry of an Award of Prejudgment and Post-Judgment Interest Declaration of Robert Wallace in Support of Hewlett-Packard Company's Opposition to Cornell's Motion to Amend Judgment For Entry of an Award of Prejudgment and Post-Judgment Interest filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9)(Penning, Erin) |
| Filing 1114 RESPONSE in Opposition re #1102 MOTION to Alter Judgment For Entry of an Award of Prejudgment and Post-Judgment Interest filed by Hewlett Packard Company. (Penning, Erin) |
| Filing 1113 NOTICE by Hewlett Packard Company re #1111 Response in Opposition to Motion Notice of Lodgment of Authority Reported Electronically in Support of Defendant Hewlett-Packard Company's Opposition to Cornell's Motion for Fees and Costs Under 35 U.S.C. 285 (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Penning, Erin) |
| Filing 1112 AFFIDAVIT in Opposition re #1103 MOTION for Attorney Fees PARTIAL FEES AND COSTS UNDER 35 U.S.C. 285 Declaration of Erin Penning in Support of Defendant Hewlett-Packard Company's Opposition to Cornell's Motion for Fees and Costs Under 35 U.S.C. 285 filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Penning, Erin) |
| Filing 1111 RESPONSE in Opposition re #1103 MOTION for Attorney Fees PARTIAL FEES AND COSTS UNDER 35 U.S.C. 285 filed by Hewlett Packard Company. (Penning, Erin) |
| Filing 1110 BILL OF COSTS by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Memorandum of Law In Support of Bill of Costs, #2 Declaration of S. Fujiyama, #3 Exhibit(s) 1 to Decl., #4 Exhibit(s) 2a to Decl., #5 Exhibit(s) 2b to Decl., #6 Exhibit(s) 3 to Decl., #7 Exhibit(s) 4 to Decl., #8 Exhibit(s) 5 to Decl., #9 Exhibit(s) 6a to Decl., #10 Exhibit(s) 6b to Decl., #11 Exhibit(s) 7 to Decl., #12 Exhibit(s) 8 to Decl., #13 Exhibit(s) 9 to Decl., #14 Exhibit(s) 10 to Decl., #15 Exhibit(s) 11 to Decl., #16 Exhibit(s) 12 to Decl., #17 Exhibit(s) 13 to Decl., #18 Exhibit(s) 14 to Decl., #19 Exhibit(s) 15 to Decl., #20 Exhibit(s) 16 to Decl., #21 Exhibit(s) 17 to Decl., #22 Notice of Lodgment of Authority Reported Electronically, #23 Exhibit(s) A to Lodgment, #24 Exhibit(s) B to Lodgment, #25 Exhibit(s) C to Lodgment, #26 Exhibit(s) D to Lodgment, #27 Exhibit(s) E to Lodgment, #28 Exhibit(s) F to Lodgment, #29 Exhibit(s) G to Lodgment, #30 Exhibit(s) H to Lodgment, #31 Exhibit(s) I to Lodgment, #32 Exhibit(s) J to Lodgment, #33 Exhibit(s) K to Lodgment)(Fujiyama, Sandra) |
| Filing 1109 NOTICE OF APPEAL to the Federal Circuit by Cornell Research Foundation, Inc., Cornell University. Filing fee $ 455, receipt number 02060000000001277718. (Attachments: #1 Exhibit(s) A to Notice of Appeal)(Fujiyama, Sandra) |
| Filing 1108 NOTICE by Hewlett Packard Company re #1106 Transcript Request, Certificate of Service (Penning, Erin) |
| Filing 1107 SECOND AMENDED ORDER: Denying Hewlett-Packard's Motion for JMOL that the '115 patent is invalid and not infringed, or in the alternative, for a new trial on validity and infringement. Signed by Federal Circuit Judge Randall R. Rader on 4/24/2009. (mae) |
| Filing 1106 TRANSCRIPT REQUEST / Transcript Purchase Order on Appeal (Federal Circuit Form 22) by Hewlett Packard Company for proceedings held on (no new dates: all transcripts previously ordered and on file) before Judge Randall R. Rader, Judge Norman A. Mordue, Judge David E. Peebles.. (Penning, Erin) |
| Filing 1105 SEALED DOCUMENT - Declaration of Mario Stewart in Support of Cornell's #1102 MOTION to Alter Judgment For Entry of an Award of Prejudgment and Post-Judgment Interest. (sal, ) (rjb, ). |
| Filing 1104 SEALED DOCUMENT - Exhibits 1-8, 10-14, and 18 to Declaration of Olivia Kim in Support of Cornell's #1103 MOTION for Attorney Fees PARTIAL FEES AND COSTS UNDER 35 U.S.C. 285. (sal, ) (rjb, ). |
| Filing 1103 MOTION for Attorney Fees PARTIAL FEES AND COSTS UNDER 35 U.S.C. 285 filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Memorandum of Law, #2 Declaration of O. Kim, #3 Exhibit(s) 9 to Kim Decl., #4 Exhibit(s) 15 to Kim Decl., #5 Exhibit(s) 17 to Kim Decl., #6 Exhibit(s) 1-8, 10-14, 16 and 18 to Kim Decl. (FILED UNDER SEAL), #7 Notice of Lodgment of Authority Reported Electronically, #8 Exhibit(s) A to Lodgment, #9 Exhibit(s) B to Lodgment, #10 Exhibit(s) C to Lodgment) (Kim, Olivia) |
| Filing 1102 MOTION to Alter Judgment For Entry of an Award of Prejudgment and Post-Judgment Interest filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Memorandum of Law, #2 Declaration of M. Stewart (FILED UNDER SEAL), #3 Notice of Lodgment of Authority Reported Electronically, #4 Exhibit(s) A to Lodgment, #5 Exhibit(s) B to Lodgment) (Kim, Olivia) |
| Filing 1101 NOTICE by Hewlett Packard Company re #1100 Notice of Appeal - Certificate of Service (Penning, Erin) |
| Filing 1100 NOTICE OF APPEAL to the Federal Circuit as to #1095 Judgment, by Hewlett Packard Company. Filing fee $ 455, receipt number 02060000000001265460. (Attachments: #1 Exhibit(s) A - Judgment)(Penning, Erin) |
| Filing 1099 AMENDED ORDER re #1094 Order to include pagination. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, ) |
| Filing 1098 AMENDED ORDER re #1093 Order to include pagination. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, ) |
| Filing 1097 AMENDED ORDER re #1092 Order to include pagination. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, ) |
| Filing 1096 AMENDED ORDER re #1091 Order to include pagination. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, ) |
| Filing 1095 JUDGMENT in favor of plaintiffs Cornell Research Foundation, Inc. and Cornell University against defendant Hewlett Packard Company, awarding damages for patent infringement in the amount of $53,494,282, and all pending motions not previously addressed by the court are hereby denied. Signed by Federal Circuit Judge Randall R. Rader on 3/31/09. (sal, ) |
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Filing 1094
ORDER: Bench decision regarding non-jury trial issues. HP has not proven either that Cornell inexcusably delayed bringing suit, or that any such delay caused HP material prejudice. Accordingly, this court declines to invoke the equitable doctrine of laches to bar Cornell from recovering pre-filing damages. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, )
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Filing 1093
ORDER terminating #1027 Motion for Judgment as a Matter of Law; denying #1050 Motion for Judgment as a Matter of Law that the '115 patent is invalid and not infringed, or in the alternative, for a new trial on validity and infringement. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, )
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Filing 1092
ORDER granting #1051 Hewlett-Packards Motion for Judgment as a Matter of Law and awards Cornell damages of $53,494,282. In the alternative, this court grants Hewlett-Packards motion for remittitur and offers Cornell a remittitur amount of $53,494,282. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, )
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Filing 1091
ORDER: Bench Decision regarding non-jury trial issues. Signed by Federal Circuit Judge Randall R. Rader on 3/30/09. (sal, )
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| Filing 1090 NOTICE by Cornell Research Foundation, Inc., Cornell University Filing of Response to HPs Supplemental Authorities in Support of Its Motion for JMOL that the Proper Damages Base Is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages (Kim, Olivia) |
| Filing 1089 Proposed Findings of Fact and Conclusions of Law by Hewlett Packard Company. (Penning, Erin) |
| Filing 1088 NOTICE by Hewlett Packard Company of Filing of Supplemental Authorities in Support of Its Motion for JMOL that the Proper Damages Base Is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages (Penning, Erin) |
| Filing 1087 NOTICE by Hewlett Packard Company of Filing Excerpts of Deposition Testimony Cited by HP in its Bench Trial Brief and Bench Trial (Penning, Erin) |
| Filing 1086 NOTICE by Hewlett Packard Company re #1080 Notice (Other), Notice (Other) of Filing of HP's Response to Cornell's Notice of Lodgment of Its Motion for Fees and Costs (Attachments: #1 Affidavit Penning Declaration In Support of HP's Response to Cornell's Notice of Lodgment of Its Motion for Fees and Costs, #2 Exhibit(s) A to Penning Decl., #3 Exhibit(s) B to Penning Decl., #4 Exhibit(s) C to Penning Decl.)(Penning, Erin) |
| Filing 1085 Proposed Findings of Fact and Conclusions of Law by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 1084 TRANSCRIPT of Proceedings: Bench Trial (Volume 3) held on 7/30/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Shari Broussard, Telephone number: (866)448-3376. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2008. Redacted Transcript Deadline set for 9/15/2008. Release of Transcript Restriction set for 11/13/2008. Notice of Intent to Redact due by 8/22/2008 (jlh, ) |
| Filing 1083 TRANSCRIPT of Proceedings: Bench Trial (Volume 2) held on 7/29/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Shari Broussard, Telephone number: (866)448-3376. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2008. Redacted Transcript Deadline set for 9/15/2008. Release of Transcript Restriction set for 11/13/2008. Notice of Intent to Redact due by 8/22/2008 (jlh, ) |
| Filing 1082 TRANSCRIPT of Proceedings: Bench Trial (Volume 1) held on 7/28/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Shari Broussard, Telephone number: (866)448-3376. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2008. Redacted Transcript Deadline set for 9/15/2008. Release of Transcript Restriction set for 11/13/2008. Notice of Intent to Redact due by 8/22/2008 (jlh, ) |
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Filing 1081
ORDER granting #1052 Motion for Reconsideration filed by Cornell University and Cornell Research Foundation, Inc. Signed by Federal Circuit Judg Randall R. Rader on 8/1/08. (lmw)
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| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Bench Trial completed on 7/30/2008; Implied license, patent exhaustion (JMOL), HP's liability JMOL, and HP's damages JMOL covered during proceedings. 9:00 a.m. - 5:00 p.m..(Court Reporter Shari Broussard) (drm) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Bench Trial held on 7/29/2008; Laches and inequitable conduct issues covered during proceedings; 9:00 a.m. - 7:00 p.m. Trial to resume 7/30/08 at 9:00 a.m.. (Court Reporter Shari Broussard) (drm) |
| Filing 1080 NOTICE by Cornell Research Foundation, Inc., Cornell University LODGMENT OF PLAINTIFFS' MOTION FOR PARTIAL FEES AND COSTS UNDER U.S.C. SEC. 285 (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B (Declaration), #3 Exhibit(s) 1 (to Declaration), #4 Exhibit(s) 2 (to Declaration), #5 Exhibit(s) 3 (Declaration), #6 Exhibit(s) 4 (to Declaration), #7 Exhibit(s) 5 (to Declaration))(Kim, Olivia) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Bench Trial held on 7/28/2008 in Washington, DC. Court Grants Cornell's motion for reconsideration on patent exhaustion, finding that Cornell did have a right to a jury verdict on patent exhaustion; Written order to be issued. Court Grants HP's motion to strike Exhibit 1 to Cornell's Opposition to HP's damages JMOL and Exhibit 1 to Cornell's Opposition to HP's liability JMOL. The court heard argument and evidence on HP's inequitable conduct defense. 9:00 a.m. - 6:30 p.m.. Trial to resume 7/29/2008 at 9:00 a.m.. (Court Reporter Shari Broussard) (drm, ) |
| Filing 1079 RESPONSE in Opposition re #1066 MOTION to Strike #1064 Affidavit in Opposition to Motion,,,, #1059 Affidavit in Opposition to Motion,,,, MOTION to Strike #1064 Affidavit in Opposition to Motion,,,, #1059 Affidavit in Opposition to Motion,,,, filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 1078 ***SEALED DOCUMENT Exhibits 11 - 18 to Declaration of Olivia M. Kim in support of Plaintiffs' Bench Trial Brief (Docket #1077) with Certificate of Service filed by Cornell Research Foundation, Inc. and Cornell University. (lmw) (rjb, ). |
| Filing 1077 AFFIDAVIT re #1076 Trial Brief by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18)(Kim, Olivia) |
| Filing 1076 TRIAL BRIEF FOR BENCH TRIAL by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Appendix A)(Kim, Olivia) |
| Filing 1075 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' OBJECTIONS TO DEFENDANT'S 7/11/2008 AMENDED TRIAL EXHIBIT LIST (Kim, Olivia) |
| Filing 1074 Witness List by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 1073 NOTICE by Hewlett Packard Company re #1068 Affidavit in Opposition to Motion,, Filing of Certificate of Service (Penning, Erin) |
| Filing 1072 AFFIDAVIT in Support re #1051 MOTION for Judgment as a Matter of Law That the Proper Damages Base is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) Z, #2 Exhibit(s) AA, #3 Exhibit(s) BB, #4 Exhibit(s) CC, #5 Exhibit(s) DD, #6 Exhibit(s) EE)(Penning, Erin) |
| Filing 1071 REPLY to Response to Motion re #1051 MOTION for Judgment as a Matter of Law That the Proper Damages Base is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages filed by Hewlett Packard Company. (Penning, Erin) |
| Filing 1070 AFFIDAVIT in Support re #1050 MOTION for Judgment as a Matter of Law Notice of Motion and Motion for Judgment as a Matter of Law That the Asserted Claims of the '115 Patent are Not Infringed and Are Invalid or, in the Alternative, for a New Trial on Infringement and Validi filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) K, #2 Exhibit(s) L, #3 Exhibit(s) M, #4 Exhibit(s) N, #5 Exhibit(s) O, #6 Exhibit(s) P, #7 Exhibit(s) Q, #8 Exhibit(s) R)(Penning, Erin) |
| Filing 1069 REPLY to Response to Motion re #1050 MOTION for Judgment as a Matter of Law Notice of Motion and Motion for Judgment as a Matter of Law That the Asserted Claims of the '115 Patent are Not Infringed and Are Invalid or, in the Alternative, for a New Trial on Infringement and Validi filed by Hewlett Packard Company. (Penning, Erin) |
| Filing 1068 AFFIDAVIT in Opposition re #1052 MOTION for Reconsideration re #1048 Order, EXPEDITED CONSIDERATION IS REQUESTED Declaration of Erin Penning in Support of Defendant Hewlett-Packard Company's Opposition to Cornell's Motion for Reconsideration of the June 23, 2008 Order filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) Ex. A. 5.29.08 Trial Transcript, #2 Exhibit(s) Ex. B. 05-29-05 Minute Entry, #3 Exhibit(s) Ex. C. Dkt. No 1048. 6.23.08 Order)(Penning, Erin) |
| Filing 1067 RESPONSE in Opposition re #1052 MOTION for Reconsideration re #1048 Order, EXPEDITED CONSIDERATION IS REQUESTED Opposition to Cornell's Motion for Reconsideration of the June 23, 2008 Order filed by Hewlett Packard Company. (Penning, Erin) |
| Filing 1066 MOTION to Strike #1064 Affidavit in Opposition to Motion,,,, #1059 Affidavit in Opposition to Motion,,,, filed by Hewlett Packard Company. (Attachments: #1 Memorandum of Law in Support of Defendant Hewlett-Packard Company's Notice of Motion & Motion to Strike Exhibit 1 to Cornell's Liability JMOL Opposition [Dkt. No. 1059-2] and Exhibit 1 to Cornell's Damages JMOL Opposition [Dkt. No. 1064-2], and Objections Thereto) (Penning, Erin) |
| Filing 1065 ***SEALED DOCUMENT Exhibits 28 and 29 to Document #1059 with certificate of service filed by Cornell Research Foundation, Inc. and Cornell University. (lmw) (rjb, ). |
| Filing 1064 AFFIDAVIT in Opposition re #1050 MOTION for Judgment as a Matter of Law Notice of Motion and Motion for Judgment as a Matter of Law That the Asserted Claims of the '115 Patent are Not Infringed and Are Invalid or, in the Alternative, for a New Trial on Infringement and Validi filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23A, #24 Exhibit(s) 23B, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27, #29 Exhibit(s) 28, #30 Exhibit(s) 29, #31 Exhibit(s) 30, #32 Exhibit(s) 31, #33 Exhibit(s) 32, #34 Exhibit(s) 33, #35 Exhibit(s) 34, #36 Exhibit(s) 35, #37 Exhibit(s) 36)(Kim, Olivia) |
| Filing 1063 RESPONSE in Opposition re #1050 MOTION for Judgment as a Matter of Law Notice of Motion and Motion for Judgment as a Matter of Law That the Asserted Claims of the '115 Patent are Not Infringed and Are Invalid or, in the Alternative, for a New Trial on Infringement and Validi filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Appendix A)(Kim, Olivia) |
| Filing 1062 Exhibit List by Hewlett Packard Company.. (Penning, Erin) |
| Filing 1061 Witness List by Hewlett Packard Company. (Penning, Erin) |
| Filing 1060 TRIAL BRIEF for July 28, 2008 Bench Trial by Hewlett Packard Company. (Penning, Erin) |
| Filing 1059 AFFIDAVIT in Opposition re #1051 MOTION for Judgment as a Matter of Law That the Proper Damages Base is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34)(Kim, Olivia) |
| Filing 1058 RESPONSE in Opposition re #1051 MOTION for Judgment as a Matter of Law That the Proper Damages Base is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| TEXT ORDER GRANTING #1046 Motion to clarify the trial record regarding videotaped deposition clips played at trial. Plaintiff's exhibits 1-16 at Document #1046 constitute corrections to the trial record as granted by this order. Signed by Federal Circuit Judge Randall R. Rader on 7/11/2008. (drm) |
| TEXT ORDER granting #1056 Letter Request; Pursuant to Cornell's request, the claim construction chart provided to the jury during deliberations shall be filed and added to the record. Endorsed by Federal Circuit Judg Randall R. Rader on 7/10/08. (drm ) |
| Filing 1056 Letter Motion from Olivia M. Kim for Cornell Research Foundation, Inc., Cornell University requesting Filing of Claim Constructions Chart Provided to the Jury submitted to Judge Rader. (Kim, Olivia) |
|
Filing 1055
ORDER directing that Defendant Hewlett-Packard's opposition to Cornell's #1052 MOTION for Reconsideration is due by 7/18/08; and the motion will be heard on 7/28/08 prior to the commencement of the bench trial and JMOL proceedings. Signed by Federal Circuit Judg Randall R. Rader on 7/8/08. (lmw)
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| Filing 1054 AFFIDAVIT in Support re #1052 MOTION for Reconsideration re #1048 Order, EXPEDITED CONSIDERATION IS REQUESTED filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8)(Kim, Olivia) (Attachment 8 replaced on 6/13/2018) (rjb, ). |
| Filing 1053 MEMORANDUM OF LAW re #1052 Motion for Reconsideration filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 1052 MOTION for Reconsideration re #1048 Order, EXPEDITED CONSIDERATION IS REQUESTED filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 1051 MOTION for Judgment as a Matter of Law That the Proper Damages Base is Sales of Processors or, in the Alternative, for Remittitur or a New Trial on Damages filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) Docket No. 1028; Verdict Form dated 5/30/08, #2 Exhibit(s) Exhibit D - Copy of Docket No. 1023; 05/27/08 Order of Hon. Randall R. Rader, #3 Exhibit(s) Exhibit E - Copy of selected pages from the 5/22/08 trial transcipt, #4 Exhibit(s) Exhibit F - Copy of Selected Plaintiff's Demonstrative Exhibits, #5 Exhibit(s) Exhibit - G Copy of Docket No. 446; 9/26/05 Order of Hon. David E. Peebles, #6 Exhibit(s) Exhibit C - Copy of selected pages from the 5/23/08 trial transcript, #7 Exhibit(s) Exhibit H - Copy of the Closing Jury Instructions dated 5/29/08, #8 Exhibit(s) Exhibit I - Copy of selected pages from the 5/21/08 trial transcript, #9 Exhibit(s) Exhibit J - Copy of selected pages from the 5/28/08 trial transcript, #10 Exhibit K - Copy of selected pages from Defendant's Exhibit D-213, #11 Exhibit(s) Exhibit L - Copy of selected pages from the 5/29/08 trial transcript, #12 Exhibit(s) Exhibit M - Copy of selected pages from Defendant's Exhibit D-240, #13 Exhibit(s) Exhibit N - Copy of Defendant's Exhibit D-640, #14 Exhibit(s) Exhibit O - Copy of selected pages from the 5/27/08 trial transcript, #15 Exhibit(s) Exhibit P - Copy of Defendant's Exhibit D-318, #16 Exhibit(s) Exhibit Q - Copy of Defendant's Exhibit D-304, #17 Exhibit(s) Exhibit R - Copy of Defendant's Exhibit D-305, #18 Exhibit(s) Exhibit S - Copy of Defendant's Exhibit D-311, #19 Exhibit(s) Exhibit T - Copy of Defendant's Exhibit D-312, #20 Declaration Declaration of Erin Penning in Support of Defendant Hewlett-Packard Company's Notice of Motion & Motion for Judgment as a Matter of Law That the Proper Damages Base is Sales of Processors or, In the Alternative, for Remittitur or a New Trial on Damages, #21 Exhibit(s) Exhibit B - Copy of selected Defendant's Demonstrative Exhibits, #22 Exhibit(s) Exhibit U - Copy of Defendant's Exhibit D-313, #23 Exhibit(s) Exhibit V - Copy of Defendant's Exhibit D-314, #24 Exhibit(s) Exhibit W - Copy of Defendant's Exhibit D-316, #25 Exhibit X - FILED UNDER SEAL, #26 Exhibit(s) Exhibit Y - Copy of Docket No. 1012: 5/21/08 Order of Hon. Randall R. Rader, #27 Memorandum of Law Defendant Hewlett-Packard's Memorandum of Points & Authorities in Support of Motion for Judgement as a Matter of Law That the Proper Damages Base is Sales of Processors or, in the Alternative, Remittitur or a New Trial on Damages) (Cunningham, Sean) |
| Filing 1050 MOTION for Judgment as a Matter of Law Notice of Motion and Motion for Judgment as a Matter of Law That the Asserted Claims of the '115 Patent are Not Infringed and Are Invalid or, in the Alternative, for a New Trial on Infringement and Validity filed by Hewlett Packard Company. (Attachments: #1 Declaration of Erin Penning in Support of Defendant Hewlett-Packard Company's Motion for Judgment as a Matter of Law that the Asserted Claims of the '115 Patent are not Infringed and Are Invalid or, in the Alternative, For a New Trial on Validity and Infringement, #2 Exhibit(s) Declaration Ex. A, Pages from 5-22-08 AM and PM trial transcript, #3 Exhibit(s) Declaration Ex. B, Noninfringement JMOL Ex. P-1, #4 Exhibit(s) Declaration Ex. C, Noninfringement JMOL Ex. P-34, #5 Exhibit(s) Declaration Ex. D, Dkt. No. 825, #6 Exhibit(s) Declaration Ex. E, Pages from May 29, 2008 trial transcript, #7 Exhibit(s) Declaration Ex. F, Pages from May 27, 2008 trial transcript, #8 Exhibit(s) Declaration Ex. G, Noninfringment JMOL DDXs, #9 Exhibit(s) Declaration Ex. H, Noninfringement JMOL Ex. P-355, #10 Exhibit(s) Declaration Ex. I, Pages from May 23, 2008 trial transcript, #11 Exhibit(s) Declaration Ex. J, Dkt. No. 1025, #12 Memorandum of Law Defendant HP's Memorandum of Points and Authorities in Support of Motion for Judgment as a Matter of Law that the Asserted Claims of the '115 Patent Are Not Infringed and Are Invalid Or, in the Alternative, For a New Trial on Infringement and Validity) (Penning, Erin) |
| Filing 1049 ***SEALED DOCUMENT: Declaration of Jerauld E. Brydges filed by Hewlett Packard Company in support of motion for judgment as matter of law. (lmw) (rjb, ). |
|
Filing 1048
ORDER inviting briefing on both the procedural and substantive treatment of whether Rule 50 or Rule 52 applies in the parties trial briefs, HP's brief is due 7/11/08 and Cornell's brief is due 7/18/08. Signed by Federal Circuit Judg Randall R. Rader on 6/23/08. (lmp)
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| Filing 1047 NOTICE by Cornell Research Foundation, Inc., Cornell University OBJECTIONS TO AMENDED BRIEFING SCHEDULE SET AT THE JUNE 20, 2008 CONFERENCE (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Kim, Olivia) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Telephone Conference held on 6/20/2008 with parties; Briefing schedule for HP's motions regarding patent exhaustion and implied license discussed. Written order to be issued. (drm) |
| TEXT MOTION to Clarify the Trial Record Concerning Deposition Video Clips re #1046 Notice of Motion and attached Exhibits filed by Cornell Research Foundation, Inc., and Cornell University. **Atty. Kim used incorrect docket event when docketing the original motion papers #1046 ; Clerk was directed to enter a Text Motion so that this motion will appear on Judge Rader's pending motions report.** (lmp) |
| Filing 1046 NOTICE by Cornell Research Foundation, Inc., Cornell University MOTION TO CLARIFY THE TRIAL RECORD CONCERNING DEPOSITION VIDEO CLIPS (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16)(Kim, Olivia) |
|
Filing 1045
SCHEDULING ORDER re: the submission of briefs, conduct of a bench trial on outstanding issues and hearing of motions for judgment as a matter of law. Hewlett-Packard's motion for judgment as a matter of law due by 6/24/08. Cornell's opposition to Hewlett-Packard's motion for judgment as a matter of law and Hewlett-Packard's trial brief regarding inequitable conduct and laches (including a final witness list) both due by 7/11/08. Hewlett-Packard's reply brief supporting its motion for judgment as a matter of law and Cornell's trial brief regarding inequitable conduct and laches (including a final witness list) are both due by 7/18/08. Bench Trial on outstanding issues is set for 7/28/2008 at 9:00 AM in Washington, D.C. before Federal Circuit Judge Randall R. Rader. Hearing of motions for judgment as a matter of law is set for 7/29/08 at 9:00 am in Washington, D.C. before Federal Circuit Judge Randall R. Rader. Signed by Federal Circuit Judge Randall R. Rader on 6/10/08. (lmw)
|
| Filing 1044 TRANSCRIPT of Proceedings: Jury Trial (Volume X) held on 5/30/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1043 TRANSCRIPT of Proceedings: Jury Trial (Volume IX - P.M.) held on 5/29/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1042 TRANSCRIPT of Proceedings: Jury Trial (Volume IX - A.M.) held on 5/29/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Eileen McDonough, Telephone number: (315)234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1041 TRANSCRIPT of Proceedings: Jury Trial (Volume VIII) held on 5/28/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1040 TRANSCRIPT of Proceedings: Jury Trial (Volume VII - P.M.) held on 5/27/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1039 TRANSCRIPT of Proceedings: Jury Trial (Volume VII - A.M.) held on 5/27/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Eileen McDonough, Telephone number: (315)234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1038 TRANSCRIPT of Proceedings: Charge Conference (Volume VI) held on 5/24/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1037 TRANSCRIPT of Proceedings: Jury Trial (Volume V - P.M.) held on 5/23/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1036 TRANSCRIPT of Proceedings: Jury Trial (Volume V - A.M.) held on 5/23/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Eileen McDonough, Telephone number: (315)234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1035 TRANSCRIPT of Proceedings: Jury Trial (Volume IV - P.M.) held on 5/22/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1034 TRANSCRIPT of Proceedings: Jury Trial (Volume IV - A.M.) held on 5/22/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Eileen McDonough, Telephone number: (315)234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1033 TRANSCRIPT of Proceedings: Jury Trial (Volume III - P.M) held on 5/21/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1032 TRANSCRIPT of Proceedings: Jury Trial (Volume III - A.M.) held on 5/21/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Eileen McDonough, Telephone number: (315)234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1031 TRANSCRIPT of Proceedings: Jury Trial (Volume II - P.M.) held on 5/20/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1030 TRANSCRIPT of Proceedings: Jury Trial (Volume II - A.M.) held on 5/20/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Eileen McDonough, Telephone number: (315)234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1029 TRANSCRIPT of Proceedings: Jury Trial (Volume I) held on 5/19/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2008. Redacted Transcript Deadline set for 7/11/2008. Release of Transcript Restriction set for 9/8/2008. Notice of Intent to Redact due by 6/17/2008 (jlh, ) |
| Filing 1028 JURY VERDICT. (ptm, ) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/30/2008. Day 9 of trial. Court meets w/counsel relative to closing presentations and exhibit issues and directs parties to proceed with closing remarks. Closing Remarks for Plaintiffs Cornell University and Cornell Research Foundation, Inc. by Edward G. Poplawski, Esq. Closing Remarks for Defendant Hewlett-Packard Company by John Allcock, Esq. Rebuttal Closing Remarks for Plaintiffs Cornell University and Cornell Research Foundation, Inc. by Edward G. Poplawski, Esq. Judge Rader gives additional Closing Charge to the Jury, swears in the Marshal and directs the Jury to commence deliberations. Jury Exits Court. Jury Enters Court. Clerk takes Verdict. Judge Rader reviews Jury Verdict Sheet, and states that it comports with the verdict rendered in open Court of a finding in favour of the plaintiffs Cornell University and Cornell Research Foundation, INC., and against defendant Hewlett Packard Company. All jurors concur with the verdict and the parties decline to have Jury polled. Judge Rader extends the Jury the thanks of the Court, and discharges them from further service in this term. Jury Exits Court. Judge Rader adjourns the hearing on post trial motions with the Court to issue a scheduling order for further briefing by parties. Verdict Sheet marked. Clerk to return exhibits to parties. Court Adjourned. (Court Reporter Jodi Hibbard) (Court Reporter Jodi Hibbard) (ptm, ) |
| Filing 1027 MOTION for Judgment as a Matter of Law Under Rule 50(a) on Direct Infringement (Literal and Under Doctrine of Equivalents), Indirect Infringement (Contributory and Inducement), Willful Infringement, Hewlett-Packard's Affirmative Defenses of Patent Exhaustion, Implied License, and Damages filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/29/2008.Day 8 of trial. Court meets w/counsel and then w/jury present. Witnesses for Defendant: Robert Wallace (expert); Michael J. Flynn (expert); Defendant plays the following video taped deposition testimony; Ramon Acosta. Witnesses for Defendant: Donald Alpert (expert). Defendant Hewlett-Packard Company RESTS subject to argument JMOL motions. Jury Exits Court. Court instructs both parties to prepare all received exhibits for submission to the Jury for deliberations. Judge Rader adjourns JMOL motions to the end of the day and hears objections to the Jury charge by plaintiff. Defendant has no objections to charge. Court further hears argument from all counsel and rules as to scope of rebuttal testimony. Jury Enters Court. Rebuttal Witness for Plaintiff: James Smith(expert). Cornell Plaintiffs REST Rebuttal Case. Proof Closed. Judge Rader charges jury with the law, with copies of the Charge supplied to Jury. Jury is admonished upon the conclusion of the Charge by the Court and further directed to return at 8:30am on Friday, May 30, 2008 for Closings Arguments by parties, Closing Jury Intructions by the Court and Jury Deliberations. Jury Exits Court. Judge Rader hears exceptions to charge and grants requests by Deft relative to advisory verdict by Jury at question 11 and 12 of verdict form. Court rules on all exhibits relative to today's testimony as well as the correct marking of certain mis-marked exhibits and demonstrative exhibits. Court entertains motions at the conclusion of the proof for judgments as a matter of law and reserves decision as to all motions. Court adjourns until 5/30/2008 8:30am. APP: Same. (Court Reporter Eileen McDonough-AM/Jodi Hibbard-PM) (ptm, ) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Follow up Charge Conference held on 5/28/2008. Jury charge discussed. APP: Edward Poplawski, Esq.; Bryan Anderson, Esq.; John Allcock, Esq.; Sean Cunningham, Esq. (Court Reporter Jodi Hibbard) (bjw, ) |
| Filing 1026 AMENDED ANSWER to Defendant's Second Amended Answer to Plaintiffs' First Amended Complaint and Counterclaim, COUNTERCLAIM against Cornell Research Foundation, Inc., Cornell University by Hewlett Packard Company. (Penning, Erin) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/28/2008. Day 7 of trial. Court meets w/counsel and then w/jury present. One juror is excused due to illness. Deft plays the following video taped deposition testimony: Thomas Mailey; Daniel Massing; Walter Haeussler; David Mele; Perry McCoy-Smith. Deft calls witnesses Richard Cahoon; David McQueeney; John Osterndorf (expert); Robert Wallace (expert). Court adjourns until 5/29/2008 8:30am. APP: Same. (Court Reporter Jodi Hibbard-all day) (bjw, ) |
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Filing 1025
ORDER re #1019 Trial Brief filed by Cornell University, Cornell Research Foundation, Inc. and #1020 Trial Brief filed by Hewlett Packard Company re Court's claim construction and jury instructions as related to those constructions.. Signed by Federal Circuit Judge Randall R. Rader on 5/27/2008. (bjw, )
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Filing 1024
ORDER re #1017 trial brief filed by Cornell University, Cornell Research Foundation, Inc. and #1021 Trial Brief filed by Hewlett Packard Company addressing evidence that may be used at trial re the legal requirements for the application of the entire market value rule.. Signed by Federal Circuit Judge Randall R. Rader on 5/27/2008. (bjw, )
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Filing 1023
ORDER granting in part and denying in part #852 Motion in Limine to exclude expert testimony of Dr. Marion Stewart.. Signed by Federal Circuit Judge Randall R. Rader on 5/27/2008. (bjw, )
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| Filing 1022 TRIAL BRIEF Defendant Hewlett-Packard Company's Brief Regarding Implied License and Patent Exhaustion Issues by Hewlett Packard Company. (Penning, Erin) |
| Filing 1021 TRIAL BRIEF Defendant Hewlett-Packard Company's Brief Regarding the "Sale Or License" Requirement of the Entire Market Value Exception by Hewlett Packard Company. (Penning, Erin) |
| Filing 1020 TRIAL BRIEF Defendant Hewlett-Packard Company's Brief Regarding Its Objection to the Court's Claim Construction by Hewlett Packard Company. (Penning, Erin) |
| Filing 1019 MEMORANDUM OF LAW RE INSTRUCTING THE JURY ON THE COURT'S CLAIM CONSTRUCTION filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Kim, Olivia) |
| Filing 1018 MEMORANDUM OF LAW RE THE ABSENCE OF AN IMPLIED LICENSE DEFENSE IN THIS CASE filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 1017 MEMORANDUM OF LAW RE THE ABSENCE OF A "SELL OR LICENSE" REQUIREMENT FOR APPLICATION OF THE ENTIRE MARKET VALUE RULE FOR REASONABLE ROYALTY DAMAGES filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Kim, Olivia) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/27/2008. Day 6 of trial. Court meet w/counsel and then with jury present. Witness Gregg LeSartre remains under oath and retakes the stand. Defts call witnesses Jon Lotz; Earl Swartzlander (expert); Sophie Capolongo and Thomas Rogers via video deposition testimony. Court rules that deft may amend answer/counterclaim to include implied license claim. Court adjourns until 5/28/2008 8:30am. APP: Same. (Court Reporter Eileen McDonough-AM/Jodi Hibbard-PM) (bjw, ) |
| Filing 1016 Exhibit List Defendant Hewlett-Packard Company's 5/25/08 Amended Trial Exhibit List by Hewlett Packard Company.. (Penning, Erin) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Charge Conference held on 5/24/2008. Court meets with all counsel to discuss jury charge. Various rulings made. APP:Ed Poplowski, Christopher Broderick, Olivia Kim, Spencer Ririe, for Pltfs; John Allcock, Sean Cunningham, Erin Penning, Megan McCarthy, Barry Shelton, for Deft. (Court Reporter Jodi Hibbard) (bjw, ) |
| Filing 1015 NOTICE by Cornell Research Foundation, Inc., Cornell University BENCH BRIEF REGARDING THE ADMISSIBILITY OF MARION STEWART'S OPINION APPLYING THE ENTIRE MARKET VALUE RULE IN THE GEORGIA-PACIFIC REASONABLE ROYALTY ANALYSIS (Kim, Olivia) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/23/2008. Day 5 of trial. Court meets w/counsel. Attys present arguments re: testimony offered by witness Marion Stewart. Deft moves to preclude expert opinion. Granted in part. Court finds that the method used by the witness to identify the value of the claimed invention is flawed. Testimony which relies upon the entire system for the royalty base value is excluded, as the component is not the entire value of the system. Written order to follow. Court meets w/jury present. Pltf witness Marion Stewart remains under oath and resumes the stand, testimony continued and he is found by the Court to be qualified as an expert. Video deposition of Wayne Johnson (expert) is presented to the jury. Pltf calls witnesses: Robert Swieringa; Hunter Rawlings; Irving Rappoport. Pltf rests with right to recall witness if necessary as previously discussed. Deft calls witness Gregg LeSartre. Court adjouns until 5/27/2008 8:30am. Jury is excused. Court hears motions. Deft argues that Pltf has not proven willful infringement or literal infringement or infringement under the doctrine of equivalence. Further, Deft argues that Pltf has not proven direct or contributory infringement. Pltf opposes all motions. Decision Reserved. Dr. Stewart remains under oath and retakes the stand, outside the presence of the jury, to provide summary expert opinion, for the record, of reasonable royalty rate: 2 1/2% of total server and workstation revenue. APP: Same. (Court Reporter Eileen McDonough-AM/Jodi Hibbard-PM) (bjw, ) |
| Filing 1014 Exhibit List Defendant Hewlett-Packard Company's 5/22/2008 Amended Trial Exhibit List by Hewlett Packard Company.. (Penning, Erin) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/22/2008. Day 4 of trial. Court meets w/counsel and then w/jury present. Pltf witness James Smith (expert) remains under oath and retakes the stand to continue testimony. Pltf calls witnesses Brian Cox; Marion Stewart. It was brought to the Court's attn that the local newspaper published an article on the case and therefore the jury is admonished accordingly. Jury is excused and Court conferences with counsel and witness Marion Stewart re: testimony tomorrow. Court adjourns until 5/23/08 at 8:00am. APP: Same. (Court Reporter Eileen McDonough-AM/Jodi Hibbard-PM) (bjw, ) Modified on 5/22/2008 (bjw, ). |
| Filing 1013 Exhibit List Defendant Hewlett-Packard Company's 5/21/2008 Amended Trial Exhibit List by Hewlett Packard Company.. (Penning, Erin) |
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Filing 1012
ORDER granting in part and denying in part Plaintiff's #1011 request for exclusion of deposition testimony.. Signed by Federal Circuit Judge Randall R. Rader on 5/21/2008. (bjw, )
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| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/21/2008. Day 3 of trial. Court meets w/counsel and then w/jury present. Pltf calls witnesses Robert Noller; Edward Gonzalez; Todd Gustafson; Michael Phelps; William Worley; James Smith (expert). A juror is excused from further service due to a death in the family. Court is adjourned until 5/22/2008 8:30am. APP: Same. (Court Reporter Eileen McDonough-AM/Jodi Hibbard-PM) (bjw, ) |
| Filing 1011 ***SEALED DOCUMENT by Cornell Research Foundation, Inc., Cornell University. Bench Brief requesting exclusion of deposition testimony as well as any future evidence that is in violation of Court order. (bjw, ) (rjb, ). |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/20/2008. Day 2 of trial. Pltf calls witnesses Hwa C. Torng; John Wheeler. Video tape deposition testimony of Darius Tanksalvala is presented to the jury. Court adjourns until 5/21/2008 8:30am. APP: same. (Court Reporter Eileen McDonough-AM; Jodi Hibbard-PM) (bjw, ) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Jury Trial held on 5/19/2008. Day 1 of trial. Court meets w/counsel and then with jury panel present. Jury panel is sworn. Judge and counsel conduct voir dire. Attys exercise peremptory challenges. Jury is selected and sworn. Judge gives preliminary charge. Attys conduct opening statements. Pltf calls witnesses David Skorton and Stephen Golding. Court adjourns until 5/20/2008. APP: Edward Poplawski, Esq.; Bryan Anderson, Esq.; Denise McKenzie, Esq. for Pltfs. John Allcock, Esq.; Sean Cunningham, Esq.; Erin Penning, Esq.; Barry Shelton, Esq. (Court Reporter Jodi Hibbard) (bjw) |
| Filing 1010 NOTICE by Hewlett Packard Company Hewlett-Packard Company's Objections to Cornell's Trial Exhibit List (Penning, Erin) |
| Filing 1009 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' OBJECTIONS TO DEFENDANT'S MAY 17, 2008 AMENDED TRIAL EXHIBIT LIST, SUPPLEMENTAL TRIAL EXHIBIT LIST, AND PHYSICAL TRIAL EXHIBIT LIST [DKT 1005] (Kim, Olivia) |
| Filing 1008 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' OBJECTIONS TO HP'S PROPOSED CLAIM CONSTRUCTIONS FOR THE JURY (Attachments: #1 Second Proposed Claim Constructions for the Jury)(Kim, Olivia) |
| Filing 1007 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' OBJECTIONS TO HP'S REVISIONS TO CORNELL'S MODIFIED PROPOSED PRELIMINARY JURY INSTRUCTIONS [DKT 983] (Attachments: #1 Second Modified Proposed Preliminary Jury Instructions)(Kim, Olivia) |
| Filing 1006 NOTICE by Hewlett Packard Company of Filing of Hewlett-Packard Company's Objections and Rebuttals to Cornell's May 17, 2008 Revised Deposition Designations (Penning, Erin) |
| Filing 1005 Exhibit List Supplemental by Hewlett Packard Company.. (Penning, Erin) |
| Filing 1004 Letter Motion from Bryan K. Anderson for Cornell Research Foundation, Inc., Cornell University requesting Correcting statement re Douglas Wimer submitted to Judge Rader. (Kim, Olivia) |
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Filing 1003
ORDER granting in part and denying in part the #1002 Letter Request regarding HP witnesses. Signed by Federal Circuit Judg Randall R. Rader on 5/16/08. (lmw)
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| Filing 1002 Letter Motion from Sandra S. Fujiyama for Cornell Research Foundation, Inc., Cornell University requesting Conference with Court re witness order and scope of live witness testimony submitted to Judge Rader. (Kim, Olivia) |
| Filing 1001 Exhibit List PLAINTIFFS' TRIAL EXHIBIT LIST FOR THEIR CASE IN CHIEF AND REBUTTAL by Cornell Research Foundation, Inc., Cornell University.. (Kim, Olivia) |
| Filing 1000 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' OBJECTIONS TO DEFENDANT'S AMENDED TRIAL EXHIBIT LIST, SUPPLEMENTAL TRIAL EXHIBIT LIST AND PHYSICAL TRIAL EXHIBIT LIST (Kim, Olivia) |
| Filing 999 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' OBJECTIONS, COUNTER-DESIGNATIONS AND REBUTTAL DESIGNATIONS TO DEFENDANT'S REVISED DEPOSITION DESIGNATIONS (Kim, Olivia) |
| Filing 998 Witness List by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
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Filing 997
ORDER denying #979 Motion for Reconsideration. Signed by Federal Circuit Judge Randall R. Rader on 5/14/08. (lmw)
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Filing 996
ORDER granting in part and denying in part #848 First Motion in Limine; denying #849 Second Motion in Limine; granting in part and denying in part #858 First Sealed Motion; denying #859 Second Sealed Motion; granting in part and denying in part #861 Fourth Sealed Motion; granting in part and denying in part #862 Fifth Sealed Motion; denying #863 Sixth Sealed Motion; granting in part and denying in part #864 Seventh Sealed Motion; denying #865 Eighth Sealed Motion. With regard to the #850 , #851 , #852 and #860 motions in limine, decision is deferred to trial. Signed by Federal Circuit Judge Randall R. Rader on 5/8/08. (lmw, )
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| Filing 995 NOTICE by Hewlett Packard Company of filing of Hewlett-Packard Company's Objections and Rebuttals to Cornell's Revised Deposition Designations (Cunningham, Sean) |
| Filing 994 TRANSCRIPT of Proceedings: Pretrial Conference held on 4/11/08 before Judge Randall R. Rader, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. Notice of Intent to Redact due by 5/20/2008 (jlh, ) |
| Filing 993 PRETRIAL STIPULATION by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 992 Exhibit List for HP's Case-In-Chief by Hewlett Packard Company.. (Penning, Erin) |
| Filing 991 NOTICE by Hewlett Packard Company of filing list of HP patents to be used at trial (Penning, Erin) |
| Filing 990 NOTICE by Hewlett Packard Company of filing of HP's Deposition Designations for Its Case-in-Chief (Penning, Erin) |
| Filing 989 Exhibit List For Plaintiffs' Case In Chief by Cornell Research Foundation, Inc., Cornell University.. (Kim, Olivia) |
| Filing 988 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' DEPOSITION DESIGNATIONS FOR THEIR CASE IN CHIEF (Kim, Olivia) |
| Filing 987 Witness List by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 986 Proposed Voir Dire by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 985 Proposed Jury Instructions by Hewlett Packard Company. (Attachments: #1 Exhibit(s) Exhibit A)(Penning, Erin) |
| Filing 984 Witness List by Hewlett Packard Company. (Penning, Erin) |
| Filing 983 Proposed Jury Instructions by Hewlett Packard Company. (Attachments: #1 Exhibit(s) Exhibit A)(Penning, Erin) |
| Filing 982 Proposed Voir Dire by Hewlett Packard Company. (Penning, Erin) |
| Filing 981 AFFIDAVIT in Support re #979 MOTION for Reconsideration re #859 SEALED MOTION Plainitffs' Motion In Limine No. 2 and To Preclude Expert Testimony by Dr. Flynn, and Limit Dr. Flynn's Factual Testimony to the Tjaden-Flynn Article MOTION for Reconsideration re #859 SEALED MOTION Plainitffs' Motion In Limine No. 2 and To Preclude Expert Testimony by Dr. Flynn, and Limit Dr. Flynn's Factual Testimony to the Tjaden-Flynn Article filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Kim, Olivia) |
| Filing 980 MEMORANDUM OF LAW re #979 Motion for Reconsideration, Of Plaintiffs' Motion In Limine No. 2 and to Preclude Expert Testimony by Dr. Flynn, and Limit Dr. Flynn's Factual Testimony to the Tjaden-Flynn Article filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Proposed Order/Judgment)(Kim, Olivia) |
| Filing 979 MOTION for Reconsideration re #859 SEALED MOTION Plainitffs' Motion In Limine No. 2 and To Preclude Expert Testimony by Dr. Flynn, and Limit Dr. Flynn's Factual Testimony to the Tjaden-Flynn Article filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 978 Proposed Jury Instructions by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Modified Proposed Preliminary Jury Instructions, #2 Proposed Claim Constructions for the Jury)(Kim, Olivia) |
| Filing 977 CERTIFICATE OF SERVICE by Hewlett Packard Company HP'S PROPOSED SPECIAL JURY VERDICT FORM; PROPOSED JURY INSTRUCTIONS; PROPOSED CLAIM CONSTRUCTIONS FOR THE JURY; COURT-ORDERED VOIR DIRE FORM; PROPOSED JOINT PRETRIAL STIPULATION (Penning, Erin) |
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Filing 976
ORDER REASSIGNING CASE. Case reassigned to Federal Circuit Judge Randall R. Rader for all further proceedings. Chief Judge Norman A. Mordue no longer assigned to case. Signed by Chief Judge Norman A. Mordue on 5/7/08. (lmw)
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Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Final Pretrial Conference held on 5/6/2008 in Washington, DC; Conduct of trial, pretrial procedures discussed; Various rulings on motions in limine made; Written order to be issued by Judge Rader; The following deadlines were also set: By 5/7/08-Cornell to file a modified version of its proposed preliminary jury instructions; By 5/9/08-Parties must file Final witness lists for their case in chief, Final deposition designations for their case in chief, Proposed Voir Dire, and Joint Pretrial stipulations; By 5/9/08-Hewlett Packard must file-Revisions to Corenll's proposed jury instructions, List of the HP patents it will use at trial that explains the specific relationship of those patents to HP's accused products; By 5/14/08-Parties must file Final rebuttal witness lists, Final deposition counter designations and rebuttal designations. APP: E. Poplawski, Esq., B. Anderson, Esq., C. Broderick, Esq., N. Roth, Esq. for pltf; S. Cunningham, Esq., B. Shelton, Esq., E. Penning, Esq. for deft. 9:00 a.m. - 1:30 p.m. (Court Reporter Shari Broussard-Capital Reporting Co. (202) 857-3376) (drm)
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| Filing 975 CERTIFICATE OF SERVICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' PROPOSED JURY INSTRUCTIONS AND JURY VERDICT FORM (Kim, Olivia) |
| Filing 974 ***SEALED DOCUMENT Declaration of Sandra S. Fujiyama concerning pretrial stipulation submission filed by Cornell University. (lmw) (rjb, ). |
| Filing 973 ***SEALED DOCUMENT Plaintiffs' Proposed Joint Pretrial Stipulation filed by Cornell University. (lmw) (rjb, ). |
| Filing 972 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of Thomas Rogers taken on 4/25/06 filed by Hewlett Packard Company. (Duplicate copy of Document #941) (lmw) (rjb, ). |
| Filing 971 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of David Mele taken on 10/3/07 filed by Hewlett Packard Company. (Duplicate copy of Document #937) (lmw) (rjb, ). |
| Filing 970 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of Daniel E. Massing taken on 12/14/05 filed by Hewlett Packard Company. (Duplicate copy of Document #935) (lmw) (rjb, ). |
| Filing 969 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of Thomas W. Mailey taken on 12/15/05 filed by Hewlett Packard Company. (Duplicate copy of Document #932) (lmw) (rjb, ). |
| Filing 968 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of H. Walter Haeussler taken on 5/17/06 filed by Hewlett Packard Company. (Duplicate copy of Document #916) (lmw) (rjb, ). |
| Filing 967 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of H. Walter Haeussler taken on 10/22/03 filed by Hewlett Packard Company. (Duplicate copy of Document #915)(lmw) (rjb, ). |
| Filing 966 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of Sophie Capolongo taken on 1/25/06 filed by Hewlett Packard Company. (Duplicate copy of Document #903) (lmw) (rjb, ). |
| Filing 965 ***SEALED DOCUMENT Condensed deposition transcript of the Videotaped Deposition of Dr. Ramon D. Acosta taken on 10/20/06 filed by Hewlett Packard Company. (Duplicate copy of Document #901).(lmw) (rjb, ). |
| Filing 964 ***SEALED DOCUMENT Defendant Hewlett Packard Company's Trial Brief. (lmw) (rjb, ). |
| Filing 963 PRETRIAL STIPULATION [as proposed by HP] by Hewlett Packard Company. (Penning, Erin) |
| Filing 962 Court Ordered Voir Dire by Hewlett Packard Company. (Penning, Erin) |
| Filing 961 Proposed Jury Instructions by Hewlett Packard Company. (Attachments: #1 Proposed Claim Constructions for the Jury)(Penning, Erin) |
| Filing 960 PROPOSED VERDICT FORM by Hewlett Packard Company. (Penning, Erin) |
| Filing 959 PROPOSED VERDICT FORM by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 958 Proposed Jury Instructions by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Proposed Preliminary Jury Instructions, #2 Proposed Claim Constructions for the Jury, #3 Proposed Final Jury Instructions)(Kim, Olivia) |
| Filing 957 ***SEALED DOCUMENT Deposition transcript #61 of the Videotaped Deposition of William S. Worley, Jr., Ph.D. taken on 10/20/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 956 ***SEALED DOCUMENT Deposition transcript #60 of the Videotaped Deposition of Douglas Wimer taken on 4/11/06, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 955 ***SEALED DOCUMENT Deposition transcript #59 of the Videotaped Deposition of John Wiltschut taken on 1/23/06, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 954 ***SEALED DOCUMENT Deposition transcript #58 of the Videotaped Deposition of John Wheeler taken on 4/12/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 953 ***SEALED DOCUMENT Deposition transcript #57 of the Videotaped Deposition of John Wheeler taken on 1/12/06, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 952 ***SEALED DOCUMENT Deposition transcript #56 of the Videotaped Deposition of John K. Wheeler taken on 9/8/05, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 951 ***SEALED DOCUMENT Deposition transcript #55 of the Videotaped Deposition of David Tannenbaum taken on 9/23/05, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 950 ***SEALED DOCUMENT Deposition transcript #54 of the David H. Tannenbaum taken on 10/21/03 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 949 ***SEALED DOCUMENT Deposition transcript #53 of the Videotaped Deposition of Darius Tanksalvala, Ph.D. taken on 4/26/05, together with DVDs #1, #2 and #3 filed by Plaintiff.(lmw) (rjb, ). |
| Filing 948 ***SEALED DOCUMENT Deposition transcript #52 of the Videotaped Deposition of Joseph D. Stearns taken on 8/21/03, together with VHS tapes #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 947 ***SEALED DOCUMENT Deposition transcript #51 of the Videotaped Deposition of Perry McCoy Smith taken on 7/12/05, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 946 ***SEALED DOCUMENT Deposition transcript #50 of the Videotaped Deposition of Neil Siegel taken on 8/31/07, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 945 ***SEALED DOCUMENT Deposition transcript #49 of the Videotaped Deposition of Neil B. Siegel taken on 8/20/03, together with DVDs #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 944 ***SEALED DOCUMENT Deposition transcript #48 of the Videotaped Deposition of James A. Severson taken on 1/27/06, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 943 ***SEALED DOCUMENT Deposition transcript #47 of the Videotaped Deposition of Richard Francis Schuette taken on 5/8/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 942 ***SEALED DOCUMENT Deposition transcript #46 of the Videotaped Deposition of Tom Schrader taken on 10/13/05, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 941 ***SEALED DOCUMENT Deposition transcript #44 of the Videotaped Deposition of Thomas Rogers taken on 4/25/06, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 940 ***SEALED DOCUMENT Deposition transcript #41 of the Videotaped Deposition of Robert William Noller taken on 10/5/05, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 939 ***SEALED DOCUMENT Deposition transcript #43 of the Videotaped Deposition of Michael W. Phelps taken on 5/3/06, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 938 ***SEALED DOCUMENT Deposition transcript #40 of the Videotaped Deposition of Robert Noller taken on 9/12/03, together with VHS tapes #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 937 ***SEALED DOCUMENT Deposition transcript #39 of the Videotaped Deposition of David Mele taken on 10/3/07, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 936 ***SEALED DOCUMENT Deposition transcript #38 of the Videotaped Deposition of David F. McQueeney taken on 10/3/07, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 935 ***SEALED DOCUMENT Deposition transcript #37 of the Videotaped Deposition of Daniel E. Massing taken on 12/14/05, together with 1 VHS tape filed by Plaintiff. (lmw) (rjb, ). |
| Filing 934 ***SEALED DOCUMENT Deposition transcript #36 of the Videotaped Deposition of Dan Marcek taken on 5/26/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 933 ***SEALED DOCUMENT Deposition transcript #35 of the Videotaped Deposition of Frederick L. Mann taken on 10/14/05, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 932 ***SEALED DOCUMENT Deposition transcript #34 of the Videotaped Deposition of Thomas W. Mailey taken on 12/15/05, together with 1 VHS tape filed by Plaintiff. (lmw) (rjb, ). |
| Filing 931 ***SEALED DOCUMENT Deposition transcript #33 of the Videotaped Deposition of Jonathan Lotz taken on 12/21/05, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 930 ***SEALED DOCUMENT Deposition transcript #32 of the Videotaped Deposition of Jonathan Lotz taken on 9/11/03, together with VHS tapes #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 929 ***SEALED DOCUMENT Deposition transcript #31 of the Videotaped Deposition of Jonathan Philip Lotz taken on 7/15/02, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 928 ***SEALED DOCUMENT Deposition transcript #30 of the Videotaped Deposition of Huei Ling taken on 10/4/07, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 927 ***SEALED DOCUMENT Deposition transcript #29 of the Videotaped Deposition of Gregg B. Lesartre taken on 5/5/06, together with DVDs #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 926 ***SEALED DOCUMENT Deposition transcript #28 of the Videotaped Deposition of Gregg Lesartre taken on 12/22/05, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 925 ***SEALED DOCUMENT Deposition transcript #27 of the Videotaped Deposition of Gregg Lesartre taken on 9/1/04, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 924 ***SEALED DOCUMENT Deposition transcript #25 of the Videotaped Deposition of Ashok Kumar taken on 12/19/05, together with DVDs #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 923 ***SEALED DOCUMENT Deposition transcript #24 of the Videotaped Deposition of Andrew Nicholas Komanecky taken on 4/11/06, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 922 ***SEALED DOCUMENT Deposition transcript #23 of the Videotaped Deposition of Donald Kipp taken on 6/23/05, together with DVDs #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 921 ***SEALED DOCUMENT Deposition transcript #22 of the Videotaped Deposition of Wayne Johnson taken on 1/24/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 920 ***SEALED DOCUMENT Deposition transcript #21 of the Videotaped Deposition of Douglas Benson Hunt taken on 6/22/05, together with DVDs #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 919 ***SEALED DOCUMENT Deposition transcript #20 of the Videotaped Deposition of Douglas Benson Hunt taken on 8/7/03, together with VHS tapes #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 918 ***SEALED DOCUMENT Deposition transcript #19 of the Videotaped Deposition of Douglas Benson Hunt taken on 7/16/02, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 917 ***SEALED DOCUMENT Deposition transcript #18 of the Videotaped Deposition of Alan Haggard taken on 5/12/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 916 ***SEALED DOCUMENT Deposition transcript #17 of the Videotaped Deposition of H. Walter Haeussler taken on 5/17/06, together with 1 DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 915 ***SEALED DOCUMENT Deposition transcript #16 of the Videotaped Deposition of H. Walter Haeussler taken on 10/22/03, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 914 ***SEALED DOCUMENT Deposition transcript #15 of the Videotaped Deposition of Todd E. Gustafson taken on 3/22/06, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 913 ***SEALED DOCUMENT Deposition transcript #14 of the Videotaped Deposition of Edward J. Gonzales taken on 5/2/06, together with 1 DVD filed by Plaintiff. (lmw) (Additional attachment(s) added on 9/13/2019: #1 ) (rjb, ). |
| Filing 912 ***SEALED DOCUMENT Deposition transcript #12 of the Videotaped Deposition of Edward DeWayne Gonzales taken on 8/20/03, together with VHS tapes #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 911 ***SEALED DOCUMENT Deposition transcript #10 of the Videotaped Deposition of Michael J. Flynn, Ph.D. taken on 4/17/03, together with VHS tape filed by Plaintiff. (lmw) (rjb, ). |
| Filing 910 ***SEALED DOCUMENT Deposition transcript #9 of the Videotaped Deposition of Michael J. Flynn taken on 1/29/03, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 909 ***SEALED DOCUMENT Deposition transcript #8 of the Videotaped Deposition of Frank J. Feocco taken on 3/24/06, together with DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 908 ***SEALED DOCUMENT Deposition transcript #7 of the Videotaped Deposition of Brian Cox taken on 2/28/06, together with DVDs #1, #2, #3 and #4 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 907 AFFIDAVIT re #898 Sealed Document PLAINTIFFS' TRIAL BRIEF by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8)(Kim, Olivia) |
| Filing 906 ***SEALED DOCUMENT Deposition transcript #6 of the Videotaped Deposition of Denise Clark taken on 12/14/05, together with VHS tapes #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 905 ***SEALED DOCUMENT Deposition transcript #5 of the Videotaped Deposition of Chris J. Christopher taken on 2/10/06, together with DVDs #1, #2, #3, #4 and #5 filed by Plaintiff. (lmw). (rjb, ). |
| Filing 904 ***SEALED DOCUMENT Deposition transcript #4 of the Videotaped Deposition of Chao Kong Chow, Ph.D. taken on 10/11/07, together with DVD filed by Plaintiff. (lmw) (rjb, ). |
| Filing 903 ***SEALED DOCUMENT Deposition transcript #3 of the Videotaped Deposition of Sophie Capolongo taken on 1/25/06, together with DVDs #1 and #2 filed by Plaintiff.(lmw) (rjb, ). |
| Filing 902 ***SEALED DOCUMENT Deposition transcript #2 of the Videotaped Deposition of Manuel Enriquez Benitez taken on 6/2/06, together with DVDs #1 and #2 filed by Plaintiff. (lmw) (rjb, ). |
| Filing 901 ***SEALED DOCUMENT Deposition transcript #1 of the Videotaped Deposition of Dr. Ramon D. Acosta on 11/11/06, together with DVDs #1, #2 and #3 filed by Plaintiff. (lmw) (rjb, ). |
|
Filing 900
ORDER granting the #894 Motion for Limited Admission Pro Hac Vice of Christopher P. Broderick. Signed by Magistrate Judge David E. Peebles on 5/5/2008.(kee)
|
| Filing 899 ***SEALED DOCUMENT: Supplemental declaration in support of Plaintiffs' Motion in Limine No. 1. (lmw) (rjb, ). |
| Filing 898 ***SEALED DOCUMENT Plaintiff's trial brief. (lmw) (rjb, ). |
| Filing 897 ***SEALED DOCUMENT Defendant Hewlett Packard Company's Opposition to Cornell's Motion In Limine No. 1. (lmw) (rjb, ). |
| Filing 896 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS OBJECTIONS TO DEFENDANT HEWLETT-PACKARD COMPANYS TRIAL EXHIBIT LIST AND AMENDED AND SUPPLEMENTAL TRIAL EXHIBIT LIST (Kim, Olivia) |
| Filing 895 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS OBJECTIONS AND COUNTER-DESIGNATIONS TO DEFENDANT HEWLETT-PACKARD COMPANYS DEPOSITION DESIGNATIONS (Kim, Olivia) |
| Filing 894 MOTION for Limited Admission Pro Hac Vice of Christopher P. Broderick Filing fee $30, receipt number 02060000000001008215. filed by Cornell Research Foundation, Inc., Cornell University, Cornell Research Foundation, Inc., Cornell University. (Roth, Nelson) |
| Filing 893 RESPONSE in Opposition re #865 SEALED MOTION in Limine No. 8 (Patent Exhaustion Arguments) filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 892 RESPONSE in Opposition re #864 SEALED MOTION in Limine No. 7 (Royalty Base) filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 891 RESPONSE in Opposition re #863 SEALED MOTION in Limine No. 6 (McQueeney Testimony) filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 890 AFFIDAVIT in Opposition re #862 SEALED MOTION in Limine No. 5 to Exclude Evidence or Arguments Allegedly Inconsistent with the Court's Orders filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) of selected pages of the September 19-21, 2006 Deposition of James Smith)(Cunningham, Sean) |
| Filing 889 RESPONSE in Opposition re #862 SEALED MOTION in Limine No. 5 (Evidence or Arguments Allegedly Inconsistent with the Court's Orders filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 888 RESPONSE in Opposition re #861 SEALED MOTION in Limine No. 4 (Hewlett-Packard Patents) filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 887 RESPONSE in Opposition re #860 SEALED MOTION in Limine No. 3 (Osterndorf Testimony) filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 886 AFFIDAVIT in Opposition re #859 SEALED MOTION in Limine to Exlude Printed Publications and Invalidity Positions for HP's Failure to File a 35 U.S.C. 282 Statement filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) of selected pages from Independent Instructions in Digital Computers, #2 Exhibit(s) of correct copy of Detection and Parallel Execution of Independent Instructions by Garold S. Tjaden and Michael Flynn)(Cunningham, Sean) |
| Filing 885 RESPONSE in Opposition re #859 SEALED MOTION in Limine No. 2 to Exclude (Printed Publications and Invalidity Positions for HP's Failure to File a 35 U.S.C. 282 Statement) filed by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 884 CERTIFICATE OF SERVICE by Cornell Research Foundation, Inc., Cornell University DOCUMENTS RELATING TO PLAINTIFFS' OPPOSITIONS TO HEWLETT-PACKARD'S MOTIONS IN LIMINE NOS. 1-5 (Kim, Olivia) |
| Filing 883 NOTICE by Cornell Research Foundation, Inc., Cornell University LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY IN SUPPORT OF PLAINTIFFS' OPPOSITIONS TO HEWLETT-PACKARD'S MOTIONS IN LIMINE NOS. 1-5 (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6)(Kim, Olivia) |
| Filing 882 AFFIDAVIT in Opposition re #852 Fifth MOTION in Limine by Marion Stewart filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A (FILED UNDER SEAL), #2 Exhibit(s) B (FILED UNDER SEAL))(Kim, Olivia) (Attachment 1 replaced on 9/13/2019) (rjb, ). (Attachment 2 replaced on 9/13/2019) (rjb, ). |
| Filing 881 AFFIDAVIT in Opposition re #852 Fifth MOTION in Limine by Olivia M. Kim filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Kim, Olivia) |
| Filing 880 RESPONSE in Opposition re #852 Fifth MOTION in Limine to Exclude Opinions or Testimony from Cornell Expert Marion Stewart Based Upon RoyaltySource Abstracts filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 879 AFFIDAVIT in Opposition re #851 Fourth MOTION in Limine by Irving Rappaport filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A (FILED UNDER SEAL), #2 Exhibit(s) B (FILED UNDER SEAL), #3 Exhibit(s) C (Part 1), #4 Exhibit(s) C (Part 2))(Kim, Olivia) |
| Filing 878 AFFIDAVIT in Opposition re #851 Fourth MOTION in Limine By Olivia M. Kim filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Kim, Olivia) |
| Filing 877 RESPONSE in Opposition re #851 Fourth MOTION in Limine to Exclude Documents and Testimony Regarding Cornell Expert Irving Rappaport's "Forward Citation" Analysis filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 876 RESPONSE in Opposition re #850 Third MOTION in Limine to Exclude References to Other Litigation or Administrative Proceedings filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 875 AFFIDAVIT in Opposition re #849 Second MOTION in Limine by Olivia M. Kim filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A (FILED UNDER SEAL), #2 Exhibit(s) B (FILED UNDER SEAL), #3 Exhibit(s) C)(Kim, Olivia) |
| Filing 874 RESPONSE in Opposition re #849 Second MOTION in Limine to Exclude Evidence Related to the April 2002 Meeting Between Cornell and HP filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 873 AFFIDAVIT in Opposition re #848 First MOTION in Limine filed by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Kim, Olivia) |
| Filing 872 RESPONSE in Opposition re #848 First MOTION in Limine To Exclude Evidence and Argument Related to HP's Post-Filing Conduct in Discovery filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 871 SEALED DOCUMENT: Exhibit List by Hewlett Packard Company.(lmw) (rjb, ). |
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Filing 870
ORDER granting #868 Motion for Limited Admission Pro Hac Vice by Brian M. Fogarty. Signed by Magistrate Judge David E. Peebles on 4/30/08. (lmw)
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| Filing 869 NOTICE by Hewlett Packard Company re #852 Fifth MOTION in Limine Defendant Hewlett-Packard Company's Motion in Limine to Exclude Opinions or Testimony from Cornell Expert Marion Stewart Based Upon Royaltysource Abstracts [Motion in Limine No. 5 of 5] - Served on opposing counsel and hard copy sent to Hon. Randall R. Rader on 4/25/08 (Penning, Erin) |
| Filing 868 MOTION for Limited Admission Pro Hac Vice of Brian M. Fogarty Filing fee $30, receipt number 02060000000001005698. filed by Hewlett Packard Company. (Attachments: #1 4.29.08 Petition of Brian M. Fogarty for Admission Pro Hac Vice, #2 4.24.08 Certificate of Good Standing - Supreme Court of California, #3 Proposed Order, #4 4.25.08 New Attorney E-Filing Registration Form of Brian M. Fogarty, #5 4.30.08 Certificate of Service of Motion for Admission Pro Hac Vice of Brian M. Fogarty, Esq.) (Brydges, Jerauld) |
| Filing 867 Witness List by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 866 CERTIFICATE OF SERVICE by Cornell Research Foundation, Inc. and Cornell University re #862 SEALED MOTION, #858 SEALED MOTION, #860 SEALED MOTION, #859 SEALED MOTION, #863 SEALED MOTION, #864 SEALED MOTION, #865 SEALED MOTION (lmw) (rjb, ). |
| Filing 865 SEALED MOTION Motion In Limine No. 8 filed by Cornell Research Foundation, Inc. and Cornell University to Preclude with attached Declaration and Proposed Order.(lmw) (rjb, ). |
| Filing 864 SEALED MOTION Motion In Limine No. 7 filed by Cornell Research Foundation, Inc. and Cornell University to Preclude evidence with attached Declaration and Proposed Order. (lmw) (rjb, ). |
| Filing 863 SEALED MOTION Motion In Limine No. 6 filed by Cornell Research Foundation, Inc. and Cornell University to Preclude testimony with attached Declaration and Proposed Order. (lmw) (rjb, ). |
| Filing 862 SEALED MOTION Motion In Limine No. 5 filed by Cornell Research Foundation, Inc. and Cornell University to Preclude evidence with attached Declaration and Proposed Order.(lmw) (rjb, ). |
| Filing 861 SEALED MOTION Motion In Limine No. 4 filed by Cornell Research Foundation, Inc. and Cornell University to Preclude evidence with attached Declaration and Proposed Order(lmw) (rjb, ). |
| Filing 860 SEALED MOTION Motion In Limine No. 3 filed by Cornell Research Foundation, Inc. and Cornell University to exclude testimony with attached declaration and proposed order. (lmw) Modified on 5/6/2008 to add motion number (lmw). (rjb, ). |
| Filing 859 SEALED MOTION Motion In Limine No. 2 filed by Cornell Research Foundation, Inc. and Cornell University to Exclude Documents which were not printed publications with attached Declaration and Proposed Order. (lmw) (rjb, ). |
| Filing 858 SEALED MOTION Motion In Limine No. 1 filed by Cornell Research Foundation, Inc. and Cornell University to Preclude with attached Declaration and Proposed Order. (lmw) (rjb, ). |
| Filing 857 NOTICE by Hewlett Packard Company /HP's Objections and Rebuttals to Cornell's Deposition Designations (Penning, Erin) |
| Filing 856 Exhibit List /HP'S Objections to Cornell's Trial Exhibit List by Hewlett Packard Company.. (Penning, Erin) |
| Filing 855 SEALED DOCUMENT(lmw) (rjb, ). |
| Filing 854 /DECLARATION OF ERIN PENNING in support of MIL No. 5 (dkt. no. 852) by Hewlett Packard Company. (Penning, Erin) Modified on 5/14/2008 to modify text to reflect supporting documentation and not motion (lmw). |
| Filing 853 NOTICE OF MOTION for motions in Limine by Hewlett Packard Company. (Penning, Erin) Modified on 5/14/2008 to change text from motion to supporting paperwork (lmw). |
| Filing 852 Fifth MOTION in Limine by Hewlett Packard Company. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2 - FILED UNDER SEAL, #3 Exhibit(s) 3 - FILED UNDER SEAL) (Penning, Erin) |
| Filing 851 Fourth MOTION in Limine by Hewlett Packard Company. (Attachments: #1 Declaration of Erin Penning to MIL No. 4, #2 Exhibit(s) 1 - FILED UNDER SEAL, #3 Exhibit(s) 2, #4 Exhibit(s) 3) (Penning, Erin) |
| Filing 850 Third MOTION in Limine by Hewlett Packard Company. (Penning, Erin) |
| Filing 849 Second MOTION in Limine by Hewlett Packard Company. (Attachments: #1 Declaration Declaration of Erin Penning to HP's MIL No. 2, #2 Exhibit(s) One to Declaration of Erin Penning to MIL 2) (Penning, Erin) |
| Filing 848 First MOTION in Limine by Hewlett Packard Company. (Penning, Erin) |
| Filing 847 NOTICE by Cornell Research Foundation, Inc., Cornell University LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY IN SUPPORT OF PLAINTIFFS' MOTIONS IN LIMINE NOS. 1-8 (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4A, #5 Exhibit(s) 4B, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11A, #13 Exhibit(s) 11B, #14 Exhibit(s) 12, #15 Exhibit(s) 13, #16 Exhibit(s) 14, #17 Exhibit(s) 15, #18 Exhibit(s) 16, #19 Exhibit(s) 17, #20 Exhibit(s) 18, #21 Exhibit(s) 19, #22 Exhibit(s) 20)(Kim, Olivia) |
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Filing 846
SEALING ORDER re: document #845 . Signed by Chief Judge Norman A. Mordue on 4/24/08. [Order served via regular mail](lmw) (rjb, ).
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| Filing 845 ***SEALED DOCUMENT (lmw) (rjb, ). |
|
TEXT ORDER to seal Document #845 . Authorized by Chief Judge Norman A. Mordue on 4/24/08. Formal sealing order to follow.(lmw)
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| Filing 844 NOTICE by Hewlett Packard Company Hewlett-Packard Company's Deposition Designations for Trial (Penning, Erin) |
| Filing 843 Witness List by Hewlett Packard Company. (Penning, Erin) |
| Filing 842 Exhibit List by Cornell Research Foundation, Inc., Cornell University.. (Kim, Olivia) |
| Filing 841 NOTICE by Cornell Research Foundation, Inc., Cornell University PLAINTIFFS' DEPOSITION DESIGNATIONS (Kim, Olivia) |
| Filing 840 Witness List by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 839 TRANSCRIPT REQUEST by Hewlett Packard Company for proceedings held on 4/11/08 before Judge Randolph R. Rader.. (Penning, Erin) |
| Filing 838 TRANSCRIPT REQUEST by Cornell Research Foundation, Inc., Cornell University for proceedings held on 04/11/2008 before Judge Rader.. (Kim, Olivia) |
| Minute Entry for proceedings held before Federal Circuit Judge Randall R. Rader: Interim Pretrial Conference held on 4/11/2008; APP: E. Poplawski, Esq., B. Anderson, for pltf; J. Allcock, Esq. S. Cunningham, Esq., for deft; Trial issues, scheduling, and procedure were discussed; Motions in limine to be filed by 4/25/08; Responses to motions in limine due 5/2/08; Further in person conference scheduled for 5/6/08 at 9 am in Washington, DC. Parties are to contact Ms. Li for exact location. (Court Reporter Jodi Hibbard) (drm) |
| Filing 837 NOTICE of ECF Compliance sent to Attorney David T. Miyamoto. Admissions due by 4/14/2008. (lmw) |
| Filing 836 SCHEDULING NOTICE: Pretrial Submissions due by 5/5/2008, including witness lists, exhibit notebooks and any motion(s) in limine. Response to motion(s) in limine are due by 5/12/08. Jury Trial set for 5/19/2008 at 9:00 AM in Syracuse before Visiting Judge Federal Circuit Court of Appeals Judge Randall R. Rader. Issued by Judi Roberts, Courtroom Clerk to Chief Judge Norman A. Mordue, on 3/27/08. (lmw) |
| TEXT NOTICE - Counsel is notified that this action will be tried by Visiting Judge Federal Circuit Court of Appeals Judge Randolph Rader. The Jury Trial will commence on 5/19/2008 at 09:00 AM in Syracuse. All pretrial submissions shall be filed in accordance with this Court's Uniform Pretrial Scheduling Order. (jlr) |
| Filing 835 STATUS REPORT on Mediation and Letter to Chief Judge Mordue from John Allcock for Hewlett-Packard Co. joining Cornell's request for Conference by Hewlett Packard Company. (Penning, Erin) |
| Filing 834 Status Report on Mediation and Letter Motion from Edward G. Poplawski for Cornell Research Foundation, Inc., Cornell University requesting Conference submitted to Judge Mordue. (Poplawski, Edward) |
| TEXT NOTICE - This case is DEEMED TRIAL READY. The Court will notify counsel when a Visiting Judge has been assigned to the case. A notice will be issued setting any further conferences. Sent by Courtroom Clerk of Chief Judge Mordue. (jlr) |
| TEXT NOTICE - Completion of Mediation was extended to 1/16/08. Counsel is directed to file a status report to Chief Judge Norman A. Mordue as to the mediation outcome on or before 1/18/08. (jlr) |
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Filing 833
ORDER approving #832 Stipulation filed by Cornell University, Cornell Research Foundation, Inc., Hewlett Packard Company; deadline for completion of mediation is extended to 1/16/08. Signed by Judge Norman A. Mordue on 11/29/07. (lmp)
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| Filing 832 STIPULATION and [Proposed] Order Extending Date For Completion Of Mediation by Hewlett Packard Company, Cornell Research Foundation, Inc., Cornell University submitted to Judge Norman A. Mordue. (Fujiyama, Sandra) |
| Filing 831 NOTICE by Hewlett Packard Company, Cornell Research Foundation, Inc., Cornell University APPOINTMENT OF MEDIATOR (Kim, Olivia) |
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Filing 830
ORDER granting #829 Letter Request for an extension of time until 11/2/07 to select a proposed mediator. Signed by Judge Norman A. Mordue on 10/26/07. (amt, )
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| Filing 829 Letter Motion from Counsel for Cornell Research Foundation, Inc., Cornell University requesting Modification of Court's 10/12/07 Order submitted to Judge Mordue. (Attachments: #1 10/22/07 Plaintiffs' Letter to HP's Counsel)(Poplawski, Edward) |
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Filing 828
ORDER REFERRING CASE to Mediation. Signed by Judge Norman A. Mordue on 10/12/07. (jlr)
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| TEXT Minute Entry for Telephone Pretrial Conference held on 10/11/2007 before Judge Norman A. Mordue. APPR: For Plaintiff - Bryan K. Anderson, Esq.; Olvia M. Kim, Esq.; Edward G. Poplawski, Esq.; Valerie Cross, Esq.; and James Mingle; For Defendant - Jerauld E. Brydges, Esq.; John Allcock, Esq.; Sean Cunningham, Esq.; and Erin Penning, Esq. No progress towards settlement has been made and Judge Mordue will issue an order for mandatory but not binding mediation to be completed within 60 days of agreed or appointed mediator. Counsel shall submit names of three proposed mediators within 2 weeks of this conference is they cannot agree on a mediator. Pretrial submissions are suspended until mediation is completed. (Court Reporter Jodi Hibbard) (jlr/am) |
| Filing 827 NOTICE by Cornell Research Foundation, Inc., Cornell University LETTER to Chief Judge Mordue Identifying Participants for October 11, 2007 Telephone Conference (Kim, Olivia) |
| Filing 826 LETTER / Letter Motion from Sean C. Cunningham for Hewlett Packard Company requesting / identifying attorneys who will participate on behalf of HP at the October 11 telephone conference with the Court submitted to Judge Norman A. Mordue. (Penning, Erin) |
| TEXT NOTICE of Hearing: The Court has reset the time of the Telephone Pretrial Conference scheduled for 10/11/2007 to 3:00 PM before Chief Judge Norman A. Mordue. (jlr) |
| TEXT NOTICE - Counsel is directed to file a letter stating the the names of the attorneys that will PARTICIPATE in the Telephone Conference to Judge Mordue. (jlr) |
| TEXT NOTICE of Hearing: A Telephone Conference has been set for 10/11/2007 at 11:00 AM before Chief Judge Norman A. Mordue. Plaintiff's counsel is directed to initiate the conference call using AT&T or any other teleconference service and should call chambers at (315) 234-8570 with all parties on the line. (jlr) |
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Filing 825
ORDER adopting Report and Recommendations of Magistrate Judge Peebles. Re #787 Report and Recommendations. Denying #688 Motion for Summary Judgment; denying the #689 Motion for Summary Judgment; granting in part and denying in part the #690 Motion for Summary Judgment; denying the #691 Motion for Summary Judgment; denying the #692 Motion for Summary Judgment; denying the #714 Motion to Strike; granting in part and denying in part the #722 Motion to Strike; and granting in part and denying in part the #739 Motion to Strike. Signed by Judge Norman A. Mordue on 9/24/07. (jlr)
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Filing 824
STIPULATION AND ORDER extending the deadline to complete expert reports and depositions. Signed by Judge David E. Peebles on 8/27/07. (amt, )
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| Filing 823 Letter Request/Motion to Magistrate Judge Peebles re Stipulation and [Proposed] Order Extending Date for Completion of Torng and Siegel Depositions and HP's Service of Supplemental Expert Reports (Attachments: #1 Stipulation)(Kim, Olivia) Modified on 8/24/2007 (amt, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY; Text of document #823 was modified to reflect it is a Letter Request/Motion; Document was incorrectly filed as a Notice rather than a Letter Request for approval of the stipulation (amt, ) |
| TRANSCRIPT REQUEST by Erin Penning, Esq. on behalf of Hewlett Packard Company for proceedings held on 7/25/07 before Judge Peebles.. (sal, ) |
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Filing 822
ORDER granting in part and denying in part HP's application to show documents; no costs or attorneys' fess are awarded; w/the exception of matters and depositions that are currently scheduled, discovery is CLOSED. Signed by Judge David E. Peebles on 7/26/07. (amt, )
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| TRANSCRIPT REQUEST by Sidley, Austin Law Firm on behalf of Cornell for the digitally recorded telephone conference held on 7/25/07 before Judge Peebles. (sal, ) |
| Filing 821 **STRICKEN FROM THE RECORD PER JUDGE PEEBLES BENCH RULING ON 7/25/07** Letter from Bart Van de Weghe, Esq. on behalf of Non-Party IBM to Judge Peebles regarding outstanding discovery issues that have been raised by HP. (sal, ) Modified on 7/26/2007 (sal, ). |
| Filing 820 SEALED DOCUMENT - CONFIDENTIAL LEVEL 1 VERSION of #819 Letter Motion from Sean C. Cunningham for Hewlett Packard Company requesting conference with the Court regarding outstanding discovery of '115 patent inventor Dr. Torng and prosecution counsel Mr. Siegel related to the Siegel patentability analysis. (sal, ) (rjb, ). |
| TEXT Minute Entry for digitally recorded proceedings held before Judge David E. Peebles : Discovery Telephone Conference held on 7/25/2007. Cornell requests that the #821 letter submitted to the court by Bart Van de Weghe bet stricken from the record. Judge grants this request and directs that the #821 letter from Bart Van de Weghe to the court on behalf of Non-Party IBM be stricken from the record. Judge notes that there are two matters before him: 1) letter #814 from HP requesting permission to share documents that have been designated as "Confidential Level 1" w/ 7 identified individuals, that includes the Siegel patent ability analysis and 18 other documents that are identified in an attachment; and 2) letter #819 request by HP for leave to conduct additional depositions of Dr. Torng and Mr. Siegel. Judge grants HP's motion w/ regard to items 1-7 listed in #815 Appendix A and permits access to those documents by the individuals identified in Atty. Cunningham's letter. Items 1-7 may be shown to the 7 designated individuals. Judge denies that request w/ respect to items 8-19, however, Judge agrees w/ respect to those items if they are shown to a deposition witness that witness is entitled to counsel of his/her choice in the room and IBM is also entitled to participate in those depositions to the extent that they are of IBM past or present employees. Judge will not limit who may represent IBM and or the deponent in those depositions, but Judge wants one attorney only for each and that attorney will be subject to the confidentiality protective order in place. As to the HP's request to conduct additional depositions, Judge believes that there is good cause to make an exception to the otherwise final determination that discovery is closed in this case. Judge permits the deposition of Mr. Siegel be taken up to 1 hour. Judge also permits Dr. Torng's deposition be taken up to 1 hour extremely targeted to address the patent ability analysis and inequttable conduct. After the Siegel and Torng depositions occur, HP expects supplemental expert reports to be served two to three weeks thereafter. Judge notes that this is it in terms of discovery and Judge Peebles WILL NOT AUTHORIZE THE FILING OF ANY FURTHER DISPOSITIVE MOTIONS THAT MIGHT STAND IN THE WAY OF TRIAL. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., and Olivia Kim, Esq. for Cornell. Sean Cunningham, Esq., Arthur Wellman, Esq., Erin Penning, Esq., and Barry Shelton, Esq. for HP. (FTR Recorded). (sal, ) |
| Filing 819 LETTER REQUEST Letter Motion from Sean C. Cunningham for Hewlett Packard Company requesting conference with the Court regarding outstanding discovery of '115 patent inventor Dr. Torng and prosecution counsel Mr. Siegel related to the Siegel patentability analysis submitted to Judge David E. Peebles. (Penning, Erin) |
| Filing 818 SEALED DOCUMENT - CONFIDENTIAL LEVEL 1 VERSION of #817 Response Letter Brief filed by Cornell in opposition to HP's #814 Letter Brief (maintained in Clerk's Office and not available for electronic viewing) (sal, ) (rjb, ). |
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TEXT ORDER: HP has permission to file a short letter concerning a discovery dispute that has come up regarding the redeposing of the inventor, as well as prosecution counsel Mr. Siegel. A briefing schedule will be set up during the conference set for tomorrow at 2:00 pm. Authorized by Judge David E. Peebles on 7/24/07. (sal, )
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| Filing 817 RESPONSE TO LETTER BRIEF filed by Cornell Research Foundation, Inc., Cornell University as to #814 LETTER BRIEF filed by Hewlett Packard Company. (Attachments: #1 Exhibit(s) 1#2 Exhibit(s) 2#3 Exhibit(s) 3)(Kim, Olivia) |
| Filing 815 SEALED DOCUMENT - Appendix A to HP's #814 Letter Brief requesting that it be permitted to share w/ IBM documents Cornell sent to or rec'd. from IBM (maintained in Clerk's Office and not available for electronic viewing) (sal, ) (rjb, ). |
| Filing 814 LETTER BRIEF submitted to Hon. David E. Peebles requesting that HP be permitted to share with IBM documents that Cornell sent to or received from IBM by Hewlett Packard Company. (Penning, Erin) |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 7/16/2007. Parties request this conference due to a discovery dispute that has come up regarding whether or not to permit sharing of information w/ IBM, as well as the Seigel analysis. Judge sets a briefing schedule as follows: Defendant's brief is to be electronically filed by 7/18/07 and any sealed information in support of that shall be submitted via Fed Ex. Plaintiff's brief is to be electronically filed by 7/23/07. Judge sets a digitally recorded telephone conference for 7/25/07 at 2:00 PM. Defendant's counsel is directed to initiate the call. Parties note that this is the final outstanding discovery issue in this case and all other discovery has been completed. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., Olivia Kim, Esq., Valerie Cross, Esq., Nelson Roth, Esq., Sean Cunningham, Esq., Arthur Wellman, Esq., and Erin Penning, Esq.. (sal, ) |
| Filing 813 MEMORANDUM OF LAW SUR-REPLY Concerning HP's Objections to and Appeal from Portions of the Magistrate Judge's May 16, 2007 Order filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
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TEXT ORDER granting Cornell's #812 Letter Request for the Court to accept the Sur-Reply regarding the Magistrate Appeal. Endorsed by Judge Norman A. Mordue on 7/13/07. (jlr/am)
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TEXT ORDER entered for Letter Requests #809 and #812 . A telephone conference has been scheduled in this matter to address the above two letters on 7/16/07 at 3:00 pm. Atty. Cunningham has made arrangements for initiating the call. Signed by Judge David E. Peebles on 7/6/07. (cam, )
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| Filing 812 LETTER REQUEST Letter Motion from Olivia M. Kim for Cornell Research Foundation, Inc., Cornell University requesting Permission to File Sur-Reply submitted to Judge Norman A. Mordue. (Kim, Olivia) |
| Filing 811 RESPONSE to Motion re #809 LETTER REQUEST Letter Motion from Sean C. Cunningham for Hewlett Packard Company requesting conference with the Court to discuss outstanding discovery matter submitted to Judge David E. Peebles from Edward Poplawski filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 809 LETTER REQUEST Letter Motion from Sean C. Cunningham for Hewlett Packard Company requesting conference with the Court to discuss outstanding discovery matter submitted to Judge David E. Peebles. (Penning, Erin) |
| Filing 810 SEALED DOCUMENT - MEMORANDUM OF LAW - maintained in Clerk's Office and not available for electronic viewing. (jmb) (rjb, ). |
| Filing 808 CERTIFICATE OF SERVICE by Hewlett Packard Company of Defendant Hewlett-Packard Company's Memorandum of Law in Reply to Plaintiffs' Responses to its Objections to and Appeal from Portions of the Magistrate Judge's May 16, 2007 Order [Dkt. No. 797] (Cunningham, Sean) |
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TEXT ORDER granting Hewlwtt-Packard's #807 Letter Request to file a reply to the response to the Appeal of the Mag. Decision. The reply shall be no more than 5 pages and filed on or before 6/29/07. Endorsed by Judge Norman A. Mordue on 6/26/07. (jlr/am)
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| Filing 807 Letter Request and Proposed Order/ Letter Motion from Erin P. Penning for Hewlett Packard Company requesting leave to file a five-page reply brief in response to Cornells Responses to HPs Objections to and Appeal from Portions of the Magistrate Judges May 16, 2007 Order, and Order Thereon submitted to Judge Norman A. Mordue. (Penning, Erin) |
| Filing 806 NOTICE by Cornell Research Foundation, Inc., Cornell University of Lodgment of Authority Reported Electronically in Support of Plaintiffs' Responses to Hewlett-Packard Company's Objections to and Appeal from Portions of the Magistrate Judge's May 16, 2007 Order (Attachments: #1 Exhibit(s) 1#2 Exhibit(s) 2#3 Exhibit(s) 3#4 Exhibit(s) 4#5 Exhibit(s) 5#6 Exhibit(s) 6)(Kim, Olivia) |
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Filing 805
ORDER: granting #803 Stipulation filed by Cornell University and Cornell Research Foundation, Inc. Signed by Judge David E. Peebles on 6/4/07. (Served by reg. mail on non elect. party) (dmf)
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TEXT ORDER denying the #799 Letter Motion by Cornell Research Foundation, Inc., Cornell University Letter from Edward Poplawski to Judge Mordue Concerning Certain Trial Issues. Endorsed by Judge Norman A. Mordue on 6/4/07. (jlr/am)
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| Filing 804 LETTER BRIEF Regarding Pretrial Matters by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 803 STIPULATION and [Proposed] Order Concerning the Purchase and Use of HP's Accused Products by Customers by Cornell Research Foundation, Inc., Cornell University submitted to Judge Peebles. (Kim, Olivia) |
| TEXT NOTICE - The May 16, 2007 letter from plaintiffs' counsel (Dkt. No. 799) is deemed to be a letter motion. Defendant's counsel's request for an opportunity to respond (Dkt. No. 801) is granted. The Court will consider any responding letter filed by defendant on or before June 1, 2007. Endorsed by Hon. Norman A. Mordue. (jml,am) |
| Filing 801 RESPONSE/NOTICE by Hewlett Packard Company Letter to Chief Judge Mordue Regarding Cornell's Letter Filed May 16, 2007 (Dkt. No. 799) (Penning, Erin) Modified on 5/25/2007 (pta ). |
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Filing 800
ORDER that Deft's request for clarification and/or reconsideration of the portion of the Court's #743 order is DENIED in all respects. Signed by Judge David E. Peebles on 5/17/07. (amt, )
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| Filing 799 Letter Motion by Cornell Research Foundation, Inc., Cornell University Letter from Edward Poplawski to Judge Mordue Concerning Certain Trial Issues (Poplawski, Edward) Modified on 6/4/2007 (jlr). |
| Filing 798 SEALED DOCUMENT - In Camera Document dated 11/22/06 filed under seal per Judge Peebles Order #797 dated 5/16/07 (maintained in Clerk's Office and not available for electronic viewing) (sal, ) (rjb, ). |
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Filing 797
ORDER directing Pltfs to produce to the Deft the letter dd 12/16/1982, but shall not be required to produce the 4/11/1983 letter; in making this ruling the court does not find a waiver of the attorney-client privilege w/regard to all communications between pltfs and Atty Siegel; directing the clerk to file under seal Pltf's 11/22/06 submission. Signed by Judge David E. Peebles on 5/16/07. (amt, )
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| Filing 796 STATUS REPORT (JOINT) IN RESPONSE TO COURT ORDER OF MAY 7, 2007 by Cornell Research Foundation, Inc., Cornell University, Hewlett Packard Company, Cornell Research Foundation, Inc., Cornell University, Hewlett Packard Company. (Wellman, Arthur) |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 5/7/2007. Chief Judge Mordue has requested that Judge Peebles hold this conference call today to encourage the parties to consent in having the magistrate judge preside over the trial in this case. Judge Peebles advises the parties that it is almost certain that Chief Judge Mordue will not handle the trial in this matter and if the parties do not consent, then this case will be given to a Visiting Judge to handle. Judge directs the parties to file w/ the court a joint status report by 5/14/07 stating simply whether or not they consent to the magistrate judge handling the trial in this case. Parties advise that have not discussed the option of settlement further. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., Sandra Fujiyama, Esq., Olivia Kim, Esq., Nelson Roth, Esq., John Allcock, Esq., Sean Cunningham, Esq., Jerauld Brydges, Esq., and Erin Penning, Esq.. (sal, ) |
| Filing 795 TRANSCRIPT of Proceedings (Unredacted): Motion Hearing held on 12/5/06 before Judge Peebles, Court Reporter: Eileen McDonough. (etm) |
| Filing 794 NOTICE by Cornell Research Foundation, Inc., Cornell University re #793 Memorandum of Law Lodgment Of Authority Reported Electronically In Support Of Plaintiffs' Responses To Hewlett-Packard Company's Objections To The January 31, 2007 Report & Recommendation (Attachments: #1 Exhibit(s) 1#2 Exhibit(s) 2#3 Exhibit(s) 3#4 Exhibit(s) 4#5 Exhibit(s) 5#6 Exhibit(s) 6)(Kim, Olivia) |
| Filing 793 MEMORANDUM OF LAW re #790 Notice (Other) Plaintiffs' Responses To Hewlett-Packard Company's Objections To The January 31, 2007 Report & Recommendation filed by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 792 NOTICE by Hewlett Packard Company of Filing Responses to Cornell's Objections to the January 31, 2007 Report and Recommendation Regarding HP's Summary Judgment Motions (Penning, Erin) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #790 Notice (Other) filed by Hewlett Packard Company. Clerk has corrected the entry to read as Objections to the R&R instead of a Notice as attorney used incorrect selection. (jlr) |
| Filing 791 OBJECTION to #787 Report and Recommendations by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 790 OBJECTIONS TO THE R&R by Hewlett Packard Company of Filing of bjections to the January 31, 2007 Report and Recommendation Regarding HP's Summary Judgment Motions (Penning, Erin) Modified on 2/15/2007 (jlr). |
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Filing 789
ORDER denying plaintiffs' #788 Letter Request to redact specific information from the Report and Recommendation dated 1/31/07. Signed by Judge David E. Peebles on 2/7/07. (sal, )
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| Filing 788 Letter Motion from Valerie L. Cross for Cornell Research Foundation, Inc., Cornell University requesting redaction submitted to Judge Peebles. (Cross, Valerie) |
| Filing 787 REPORT AND RECOMMENDATIONS that Plaintiffs' #739 MOTIONS to Strike various submissions of HP (Dkt. Nos. #714 , #722 , #739 ) submitted in connection with the pending motions, be GRANTED, in part. As the foregoing reflects, it is RECOMMENDED that portions of the declaration of Tom Schrader, Brydges Decl. (Dkt. No. 698) Exh. 4, including 13-16, 20, 22, 24 of that declaration, be STRICKEN. Similarly, it is RECOMMENDED that excerpts of the declaration of Gregg Huff, Brydges Decl. (Dkt. No. 707) Exh. 10, including 6, 7, 11, and 12 thereof, be STRICKEN. With the exception of the foregoing, both plaintiffs' motions to strike portions of HP's submissions, and HP's objections to submissions by plaintiffs of evidentiary materials, be OVERRULED and DENIED, based principally upon the fact that they do not impact upon ruling on the five pending dispositive motions. IT IS FURTHER RECOMMENDED that #688 Defendant's MOTION for Partial Summary Judgment of its Laches Defense be DENIED, Defendant's #689 MOTION for Partial Summary Judgment of its Patent Exhaustion Defense be DENIED, Defendant's #691 MOTION for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112 be DENIED, Defendant's #690 MOTION for Partial Summary Judgment of Noninfringement be GRANTED, in part, and that all claims of infringement, both literal and under the doctrine of equivalents, with respect to claims 7 through 12, 16, 17 and 19 of the '115 patent be DISMISSED, but that the motion otherwise be DENIED, and Defendant's #692 MOTION for Partial Summary Judgment on Royalty Base be DENIED. Objections to R&R due by 2/14/2007. Signed by Judge David E. Peebles on 1/31/07. (sal) Modified on 2/7/2007 (jlr). |
| Motions No Longer Referred: #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement, #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base, #722 MOTION to Strike #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense MOTION to Strike #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense, #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112, #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense, #739 MOTION to Strike #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base MOTION to Strike #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base, #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense, #714 MOTION to Strike #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense MOTION to Strike #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense (sal, ) |
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Filing 786
ORDER denying #784 Plaintiffs' Motion to Redact Certain Portions of the 12/5/06 Hearing Transcript. Signed by Judge David E. Peebles on 1/12/07. (sal, )
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| Filing 785 Court Exhibit List for the 12/5/06 hearing held before Judge Peebles. (sal, ) |
| Filing 784 MOTION for Redaction of Electronic Transcript #780 Record of Proceedings,,, by Cornell Research Foundation, Inc., Cornell University. (Kim, Olivia) |
| Filing 783 NOTICE OF INTENT TO REDACT by Cornell Research Foundation, Inc., Cornell University re #780 Record of Proceedings,,, (Kim, Olivia) |
| Filing 782 NOTICE by Hewlett Packard Company of Filing Certificate of Service of Defendant Hewlett-Packard Co.'s Bench Brief (Dkt. No. 774) Filed and Served During December 5, 2006 Motion Hearing (Penning, Erin) |
| Filing 781 NOTICE by Cornell Research Foundation, Inc., Cornell University re #779 Notice (Other), Notice (Other) Reply to HP's Response to Cornell's Submission (Kim, Olivia) |
| Filing 780 RECORD of Proceedings: Motion Hearing held on 12/5/06 before Judge Peebles, Court Reporter: Eileen McDonough. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Redact with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal data identifiers is not necessary and the transcript will be made available on the web. Notice of Intent to Redact due by 12/27/2006 (etm, ) |
| NOTICE BY THE COURT: Per plaintiffs' request, Cornell is granted permission to file a Reply to HP's #779 notice re: the December 5, 2006 Motion Hearing on Patent Exhaustion. NOTE: NO FURTHER SUBMISSIONS WILL BE ACCEPTED BY THE COURT FROM ANY PARTY REGARDING THE MOTIONS FOR SUMMARY JUDGMENT UNLESS PRIOR PERMISSION IS GIVEN. (sal, ) |
| Filing 779 NOTICE by Hewlett Packard Company of Response to Cornell's Submission at the December 5, 2006 Motion Hearing In Opposition to HP's Motion for Partial Summary Judgment on Patent Exhaustion (Attachments: #1 Exhibit(s) Notice of Lodgment of Authority Reported Electronically)(Penning, Erin) |
| Filing 778 NOTICE by Cornell Research Foundation, Inc., Cornell University re #774 Affidavit Opposition to HP's Bench Brief (Attachments: #1 Exhibit(s) A)(Kim, Olivia) |
| Filing 777 SEALED DOCUMENT - ERRATA RE PLAINTIFFS' EXHIBITS to Oppositions to HP's Summary Judgment Motions. (sal, ) (rjb, ). |
| Filing 776 TRANSCRIPT REQUEST by Hewlett Packard Company for proceedings held on December 5, 2006 before Judge David E. Peebles.. (Penning, Erin) |
| TRANSCRIPT REQUEST by Plaintiff's Counsel, Olivia Kim, Esq., for proceedings held on December 5, 2006 before Judge David E. Peebles.. (sal, ) |
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Filing 775
ORDER granting #772 Motion for Limited Admission Pro Hac Vice of Olivia Kim, Esq. Signed by Judge David E. Peebles on 12/6/06. (amt, )
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| Filing 774 OBJECTIONS by Hewlett Packard to Cornell's #773 Declarations of Experts Verifying the Statements in their Respective Reports Under Oath. (sal, ) |
| Filing 773 SEALED DOCUMENT - DECLARATIONS of Experts Verifying the Statements in their Repective Reports Under Oath, which includes James E. Smith dated 6/22/06 & 7/28/06, Marion Stewart dated 6/22/06, Robert G. Sterne dated 6/22/06, Peter Dane Elliott dated 6/22/06, and Irving Rappaport dated 6/22/06 (maintained in Clerk's Office and not available for electronic viewing). (sal, ) (Additional attachment(s) added on 9/13/2019: #1 , #2 , #3 ) (rjb, ). |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Motion Hearing held on 12/5/2006 re #688 , #689 , #690 , #691 , #692 MOTIONS for Summary Judgment and #714 , #722 , #739 MOTIONS to Strike. Judge hears oral argument from Cornell and Hewlett Packard regarding Laches, Patent Exhaustion, Royalty Base, Invalidity, and Non-Infringement. Judge RESERVES DECISION on all motions and will issue a Report and Recommendation to Chief Judge Mordue shortly. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., and Sandra Fujiyama, Esq. for Cornell. Sean Cunningham, Esq., Barry Shelton, Esq., and John Allcock, Esq. for HP. Also present but did not argue motions were Valerie Cross, Esq., & Nelson Roth, Esq. for Cornell, and Arthur Wellman, Esq., Erin Penning, Esq., Jerauld Brydges, Esq., and Maria Acker, Esq. for HP. Time: 10:00AM-6:30PM. Court Reporter: Eileen McDonough. Clerk: Shelly Lazzaro. (sal, ) |
| Pro Hac Vice Filing fee for Olivia M. Kim: $ 30.00, receipt number SYR9773 (alh, ) |
| Filing 772 MOTION for Limited Admission Pro Hac Vice of Olivia M. Kim by Cornell Research Foundation, Inc., Cornell University, Cornell Research Foundation, Inc., Cornell University. (Roth, Nelson) |
| Filing 771 NOTICE by Cornell Research Foundation, Inc., Cornell University Certification Regarding Documents Related to the Licensing of the '115 Patent (Fujiyama, Sandra) |
| Filing 770 NOTICE by Cornell Research Foundation, Inc., Cornell University re #769 Notice (Other) Objection to HP's Motion (Fujiyama, Sandra) |
| Filing 769 NOTICE by Hewlett Packard Company of Filing Request for Clarification of Portion of November 13, 2006 Order (Dkt. No. 743) (Penning, Erin) |
| Plaintiffs' Privileged Information dated 11/22/06 for In Camera Review submitted to Judge Peebles from Sandra Fujiyama, Esq. (sal, ) |
| COURT TEXT NOTICE of Hearing on Motion; #768 MOTION for Clarification of Court's #743 Order has bee placed upon Judge Peebles 12/27/06 motion calendar at 9:30ami in Syracuse; Response to Motion due by 12/10/2006; Reply to Response to Motion due by 12/16/2006. (amt, ) |
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TEXT ORDER denying #766 Plaintiffs' Letter Request for permission to file reply papers to HP's Oppositions to Plaintiffs' Motions to Strike and respond to HP's Statement of Objections to Evidence. Endorsed by Judge David E. Peebles on 11/27/06. (sal, )
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| CLERK'S CORRECTION OF DOCKET ENTRY re Notice of Hearing on Motion #768 for Clarification of Court's #743 Order. Since this motion only requests clarification of Judge Peebles November 13, 2006 order, Judge Peebles does not believe it is necessary to set a briefing schedule for this motion. This motion will be terminated. Parties are to disregard the previous ECF from the court, which set a motion hearing date, as well as response and reply deadlines for this #768 motion. (sal, ) |
| Filing 768 MOTION for Reconsideration re #743 Order on Letter Request,,,,,, MOTION FOR CLARIFICATION by Cornell Research Foundation, Inc., Cornell University.(Fujiyama, Sandra) |
| Filing 767 NOTICE by Hewlett Packard Company : Certification regarding Production of P&L Statements (Cunningham, Sean) |
| Filing 766 Letter Motion from Sandra S. Fujiyama for Cornell Research Foundation, Inc., Cornell University requesting Permission to File Reply Papers and Response to HP's Statement of Objections to Evidence submitted to Judge Peebles. (Fujiyama, Sandra) |
| Filing 765 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of HP's Replies in Support of its Motion for Partial Summary Judgment, Oppositions to Motions to Strike, and Statement of Objections to Evidence.(sal, ) (rjb, ). |
| Filing 764 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #763 Response in Opposition to Motion to Strike Relating to HP's Motion for Partial Summary Judgement on Royalty Base. (sal, ) (rjb, ). |
| Filing 763 SEALED DOCUMENT - RESPONSE in Opposition to Cornell's #739 MOTION to Strike HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). |
| Filing 762 SEALED DOCUMENT - RESPONSE in Opposition to Cornell's #722 MOTION to Strike HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 761 SEALED DOCUMENT - RESPONSE in Opposition to Cornell's #714 MOTION to Strike HP's #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense. (sal, ) (rjb, ). |
| Filing 760 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #759 Objections to Evidence submitted by Cornell in its Responses to the Motions for Partial Summary Judgment. (sal, ) (rjb, ). |
| Filing 759 HP'S STATEMENT OF OBJECTIONS TO EVIDENCE submitted by Cornell in its Responses to HP's #688 , #689 , #690 , #691 , and #692 Motions for Partial Summary Judgment.(sal, ) (rjb, ). |
| Filing 758 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #756 Reply to the #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base.(sal, ) (rjb, ). |
| Filing 757 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS by HP in Support of its #756 Reply to the #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). |
| Filing 756 SEALED DOCUMENT - REPLY to Response to Motion re #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). (Main Document 756 replaced on 9/13/2019) (rjb, ). |
| Filing 755 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #753 Reply to the #691 MOTION for Summary Judgment I>Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112. (sal, ) (rjb, ). |
| Filing 754 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS by HP in Support of its #753 Reply to the #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112. (sal, ) (rjb, ). (Main Document 754 replaced on 9/13/2019) (rjb, ). |
| Filing 753 SEALED DOCUMENT - REPLY to Response to Motion re #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112. (sal, ) (rjb, ). (Main Document 753 replaced on 9/13/2019) (rjb, ). |
| Filing 752 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #750 Reply to the #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement. (sal, ) (rjb, ). |
| Filing 751 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS by HP in Support of its #750 Reply to the #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement. (sal, ) (rjb, ). |
| Filing 750 SEALED DOCUMENT - REPLY to Response to Motion re #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement . (sal, ) (rjb, ). |
| Filing 749 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #747 Reply to its #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense . (sal, ) (rjb, ). |
| Filing 748 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS by HP in Support of its #747 Reply to the #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 747 SEALED DOCUMENT - REPLY to Response to Motion re #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 746 SEALED DOCUMENT - DECLARATION of Sean Cunningham in Support of HP's #744 Reply to the #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense . (sal, ) (rjb, ). |
| Filing 745 SEALED DOCUMENT - HP'S STATEMENT OF MATERIAL FACTS in Support of its #744 Reply to the #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense. (sal, ) (rjb, ). |
| Filing 744 SEALED DOCUMENT - REPLY to Response to Motion re #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense. (sal, ) (rjb, ). |
| In Camera Documents received by Judge Peebles Chambers from HP as discussed during the 8/9/06 hearing have been returned by regular mail to HP, Attention: Sean Cunningham, Esq. (sal, ) |
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Filing 743
ORDER granting in part and denying in part various discovery issues. Signed by Judge David E. Peebles on 11/13/06. (sal, )
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| Filing 742 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's #739 MOTION to Strike HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). (Main Document 742 replaced on 7/6/2018) (rjb, ). |
| Filing 741 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in Support of Plaintiff's #739 MOTION to Strike HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). (Main Document 741 replaced on 7/6/2018) (rjb, ). |
| Filing 740 SEALED DOCUMENT - MEMORANDUM OF LAW in Support of Plaintiff's #739 Motion to Strike Relating to HP's #692 Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). (Additional attachment(s) added on 7/6/2018: #1 ) (rjb, ). |
| Filing 739 SEALED DOCUMENT - MOTION to Strike Relating to HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. Motion Hearing set for 12/5/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Response to Motion due by 11/20/2006. NO REPLY is permitted, unless prior approval from the court is given.(sal, ) (rjb, ). (Main Document 739 replaced on 7/6/2018) (rjb, ). |
| Filing 738 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's #734 Response to HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). |
| Filing 737 SEALED DOCUMENT - DECLARATION (Volume 2) in Support of Plaintiff's #734 Response to HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (Additional attachment(s) added on 7/6/2018: #1 Part 2, #2 Part 3) (rjb, ). |
| Filing 736 SEALED DOCUMENT - DECLARATION (Volume 1) of Sandra Fujiyama in Support of Plaintiff's #734 Response to HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (Additional attachment(s) added on 9/13/2019: #1 ) (rjb, ). |
| Filing 735 SEALED DOCUMENT - RESPONSE in Opposition to HP's #706 Statement of Material Facts in Support of its #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). |
| Filing 734 SEALED DOCUMENT - RESPONSE in Opposition to HP's #692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base. (sal, ) (rjb, ). |
| Filing 733 SEALED DOCUMENT - DECLARATION of James E. Smith, Ph.D. in Support of Plaintiff's #730 Response to HP's #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112. (sal, ) (rjb, ). |
| Filing 732 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in Support of Plaintiff's #730 Response to HP's #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112. (sal, ) (Additional attachment(s) added on 9/13/2019: #1 , #2 , #3 , #4 , #5 ) (rjb, ). |
| Filing 731 SEALED DOCUMENT - RESPONSE in Opposition to HP's #703 Statement of Material Facts in Support of its #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112 filed by Cornell Research Foundation, Inc.. (sal, ) (rjb, ). |
| Filing 730 SEALED DOCUMENT - RESPONSE in Opposition to HP's #691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112. (sal, ) (rjb, ). |
| Filing 729 SEALED DOCUMENT - DECLARATION of James E. Smith, Ph.D. in Support of Plaintiff's #726 Response to HP's #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement. (sal, ) (rjb, ). |
| Filing 728 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in Support of Plaintiff's #726 Response to HP's #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15) (rjb, ). |
| Filing 727 SEALED DOCUMENT - RESPONSE in Opposition to HP's #700 Statement of Material Facts in Support of its #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement. (sal, ) (rjb, ). |
| Filing 726 SEALED DOCUMENT - RESPONSE in Opposition to HP's #690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement. (sal, ) (rjb, ). |
| Filing 725 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's #722 MOTION to Strike Relating to HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 724 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in Support of Plaintiff's #722 MOTION to Strike Relating to HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (Additional attachment(s) added on 6/14/2018: #1 Part 2) (rjb, ). |
| Filing 723 SEALED DOCUMENT - MEMORANDUM OF LAW in Support of #722 Motion to Strike Relating to HP's #689 Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 722 SEALED DOCUMENT - MOTION to Strike Relating to HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. Motion Hearing set for 12/5/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Response to Motion due by 11/20/2006. NO REPLY is permitted, unless prior approval from the court is given.(sal, ) (rjb, ). |
| Filing 721 NOTICE OF LODGMENT OF AUTHORITY in Support of Plaintiff's #717 Response to HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 720 SEALED DOCUMENT - DECLARATION (Volume 2) of Sandra Fujiyama in Support of Plaintiff's #717 Response to HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14) (rjb, ). |
| Filing 719 SEALED DOCUMENT - DECLARATION (Volume 1) of Sandra Fujiyama in Support of Plaintiff's #717 Response to HP's #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 718 SEALED DOCUMENT - RESPONSE in Opposition to HP's #697 Statement of Material Facts re #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 717 SEALED DOCUMENT - RESPONSE in Opposition re #689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense. (sal, ) (rjb, ). |
| Filing 716 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in Support of #714 MOTION to Strike #688 Relating to HP's MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense. (sal, ) (rjb, ). |
| Filing 715 SEALED DOCUMENT - MEMORANDUM OF LAW in Support of #714 Motion to Strike Relating to #688 HP's Motion for Partial Summary Judgment of its Laches Defense . (sal, ) (rjb, ). |
| Filing 714 SEALED DOCUMENT - MOTION to Strike #688 Relating to HP's MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense. Motion Hearing set for 12/5/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Response to this Motion due by 11/20/2006. NO REPLY is permitted, unless prior approval from the court is given.(sal, ) (rjb, ). |
| Filing 713 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in Support of Plaintiff's #711 Response to Defendant's #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense. (sal, ) (rjb, ). |
| Filing 712 SEALED DOCUMENT - RESPONSE in Opposition to #694 Statement of Material Facts in support of #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense . (sal, ) (rjb, ). |
| Filing 711 SEALED DOCUMENT - RESPONSE in Opposition re #688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense . (sal, ) (rjb, ). |
| Filing 710 NOTICE by Hewlett Packard Company of resolution of disputes regarding HP's subpoenas directed to Drs. Tjaden and Acosta, raised by Cornell in Dkt. No. 679 and responded to by HP in Dkt. No. 680 (Gibson, Erin) |
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Filing 709
STIPULATION AND ORDER re: Depositions of Fact Witnesses. Signed by Judge David E. Peebles on 10/10/06. (amt, )
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| NOTICE of Hearing on Motions #688 , #689 , #690 , #691 , and #692 for Summary Judgment: All Responses to these Motions are due by 11/10/2006. Any Replies to Responses to Motions are due by 11/20/2006. The Motion Hearing is set for 12/5/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. (sal, ) |
| Filing 708 STIPULATION and [Proposed] Order Relating to Depositions of Fact Witnesses, signed by both parties on October 6, 2006 by Hewlett Packard Company submitted to Judge David E. Peebles. (Gibson, Erin) |
| Counsel herein are advised that no additional sealing order is needed for the sealing of documents that are governed under a protective order, counsel should first determine if the document meets the threshold and then upon filing the sealed document - counsel should reference that the document is confidential pursuant to the #21 protective order and it will automatically be sealed by the Clerk. (jmb) |
| TEXT NOTICE - The following motions have been referred to Magistrate Judge Peebles for a Report-Recommendation: #692 MOTION for Summary Judgment; #689 MOTION for Summary Judgment; #690 MOTION for Summary Judgment; #688 MOTION for Summary Judgment; and the #691 MOTION for Summary Judgment. The Response and reply deadlines have not changed. The motions will be on submit. If a hearing is necessary, counsel will recieve a notice from Magistrate Peebles.(jlr/am) |
| Filing 707 SEALED DOCUMENT - DECLARATION of Jerauld E. Brydges, Esq., & Exhibits 1-31 in support of the #692 Motion for Summary Judgment {Royalty Base} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (Additional attachment(s) added on 9/13/2019: #1 ) (rjb, ). |
| Filing 706 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS in support of the #692 Motion for Summary Judgment {Royalty Base} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 705 SEALED DOCUMENT - MEMORANDUM OF LAW in support of the #692 Motion for Summary Judgment {Royalty Base} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 704 SEALED DOCUMENT - DECLARATION of Jerauld E. Brydges, Esq., & Exhibits 1-3 in support of the #691 Motion for Summary Judgment {Invalidity} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 703 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS in support of the #691 Motion for Summary Judgment {Invalidity} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 702 SEALED DOCUMENT - MEMORANDUM OF LAW in support of the #691 Motion for Summary Judgment {Invalidity} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 701 SEALED DOCUMENT - DECLARATION of Jerauld E. Brydges, Esq., & Exhibits 1 & 2 in support of the #690 Motion for Summary Judgment {Noninfringement} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (Additional attachment(s) added on 6/15/2018: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5) (rjb, ). |
| Filing 700 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS in support of the #690 Motion for Summary Judgment {Noninfringement} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 699 SEALED DOCUMENT - MEMORANDUM OF LAW in support of the #690 Motion for Summary Judgment {Noninfringement} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 698 SEALED DOCUMENT - DECLARATION of Jerauld E. Brydges, Esq., with Exhibits 1-17 in support of the #689 Motion for Summary Judgment {Patent} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 697 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS in support of the #689 Motion for Summary Judgment {Patent} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 696 SEALED DOCUMENT - MEMORANDUM OF LAW in support of the #689 Motion for Summary Judgment {Patent} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 695 SEALED DOCUMENT - DECLARATION of Jerauld E. Brydges, Esq., & Exhibits 1-28 in support of the #688 Motion for Summary Judgment {Laches} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 694 SEALED DOCUMENT - STATEMENT OF MATERIAL FACTS in support of the #688 Motion for Summary Judgment {Laches} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 693 SEALED DOCUMENT - MEMORANDUM OF LAW in support of the #688 Motion for Summary Judgment {Laches} - maintained in Clerk's Office and not available for electronic viewing. {Sealed pursuant to Protective Order} (jmb) (rjb, ). |
| Filing 692 MOTION for Summary Judgment Motion for Partial Summary Judgment on Royalty Base Motion Hearing set for 11/1/2006 10:00 AM in Syracuse before Chief Judge Norman A. Mordue. Response to Motion due by 10/16/2006 Reply to Response to Motion due by 10/23/2006. by Hewlett Packard Company. (Attachments: #1 Appendix Notice of Lodgment of Authority Reported Electronically in Support of Memorandum of Law in Support of Motion for Partial Summary Judgment on Royalty Base#2 Exhibit(s) 1 to Notice of Lodgment: Fototec International Corp. v. Polaroid Corp.#3 Exhibit(s) 2 to Notice of Lodgment: Heidelberger Druckmaschinen v. Hantscho Commercial Products, Inc.#4 Exhibit(s) 3 to Notice of Lodgment: Volovik v. Bayer Corp.#5 Exhibit(s) 4 to Notice of Lodgment: Excerpts from volume 7 of treatise, Chisum on Patents#6 Exhibit(s) 5 to Notice of Lodgment: Excerpts from John G. Mills, III et al, Patent Law Basice Sec 18:3)(Brydges, Jerauld) |
| Filing 691 MOTION for Summary Judgment Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. Sec. 112 Motion Hearing set for 11/1/2006 10:00 AM in Syracuse before Chief Judge Norman A. Mordue. Response to Motion due by 10/16/2006 Reply to Response to Motion due by 10/23/2006. by Hewlett Packard Company.(Brydges, Jerauld) |
| Filing 690 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement Motion Hearing set for 11/1/2006 10:00 AM in Syracuse before Chief Judge Norman A. Mordue. Response to Motion due by 10/16/2006 Reply to Response to Motion due by 10/23/2006. by Hewlett Packard Company.(Brydges, Jerauld) |
| Filing 689 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Patent Exhaustion Defense Motion Hearing set for 11/1/2006 10:00 AM in Syracuse before Chief Judge Norman A. Mordue. Response to Motion due by 10/16/2006 Reply to Response to Motion due by 10/23/2006. by Hewlett Packard Company.(Brydges, Jerauld) |
| Filing 688 MOTION for Summary Judgment Motion for Partial Summary Judgment of its Laches Defense Motion Hearing set for 11/1/2006 10:00 AM in Syracuse before Chief Judge Norman A. Mordue. Response to Motion due by 10/16/2006 Reply to Response to Motion due by 10/23/2006. by Hewlett Packard Company.(Brydges, Jerauld) |
| Filing 687 NOTICE by Hewlett Packard Company Regarding Intent to File Dispositive Motions and Motions for Summary Judgment (Cunningham, Sean) |
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Filing 686
ORDER adopting the #672 Report Recommendation of Magistrate Judge Peebles. ORDERED that defendant's motion #653 for bifurcation of the trial and an expedited bench trial on the issue of unenforceability of the subject patent, based on defendant's defense of inequitable conduct, is denied. Signed by Judge Norman A. Mordue on 9/25/06. (jlr/am)
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TEXT ORDER granting #685 Letter Request for an extension of the discovery cut-off deadline. Deadline for completion of expert discovery relating to Messrs, Parkhurst, Sterne, and Worley is Friday, October 13, 2006. Deadline to file motion to compel expert discovery relating to Messrs, Parkhurst, and Worley is October 20, 2006. Endorsed by Judge David E. Peebles on 9/21/06. (sal, )
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| Motions No Longer Referred to Judge Peebles: #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense. R/R has been issued. (sal, ) |
| Filing 685 Unopposed Letter Motion from Sandra S. Fujiyama for Cornell Research Foundation, Inc., Cornell University requesting Extension of Expert Discovery Cut-Off submitted to Judge Peebles. (Fujiyama, Sandra) |
| Filing 684 NOTICE by Hewlett Packard Company of Change of Firm Name (Gibson, Erin) |
| Filing 683 SEALED DOCUMENT and SEALING ORDER (Pltf's response to HP's objections to the 8/15/06 R&R that HP's motion for bifurcated trial be denied. - maintained in Clerk's Office and not available for electronic viewing (jlr/am) (jmb, ). |
| Filing 682 AFFIDAVIT re #681 Memorandum of Law of Sandra S. Fujiyama by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Exhibit(s) 3#2 Exhibit(s) 4)(Fujiyama, Sandra) |
| Filing 681 MEMORANDUM OF LAW re #677 Notice (Other) Response to HP's Objections to Report and Recommendation filed by Cornell Research Foundation, Inc., Cornell University. (Fujiyama, Sandra) |
| Filing 680 NOTICE by Hewlett Packard Company of Letter to the Court Responding to Letter Filed Today by Cornell (Dkt. No. 679) (Gibson, Erin) |
| Filing 679 NOTICE by Cornell Research Foundation, Inc., Cornell University Letter to Court (Fujiyama, Sandra) |
| Filing 677 NOTICE by Hewlett Packard Company of Filing of Objections to the August 15, 2006 Report and Recommendation that HP's Motion for Initial Bench Trial (Dkt. No. 653) Be Denied (Gibson, Erin) |
| Filing 678 SEALED TRANSCRIPT : of Motion Hearing Proceedings held on August 9, 2006 before Magistrate Judge David E. Peebles. Court Reporter: Jodi L. Hibbard - document placed in a sealed envelope and maintained in Clerk's Office and not available for electronic viewing. (jmb) (rjb, ). |
| Filing 676 CONFIDENTIAL - LEVEL 1 RESPONSE TO LETTER BRIEF by Cornell to HP's #673 Proposed Findings Limiting Cornell To Its Disclosed Evidence.(sal, ) (rjb, ). |
| Filing 675 CONFIDENTIAL - LEVEL 1 RESPONSE TO LETTER BRIEF by HP to Cornell's #674 Proposed Findings Related to Certain Issues in Cornell's outstanding discovery motions. (sal, ) (rjb, ). |
| Filing 674 CONFIDENTIAL - LEVEL 1 NOTICE of filing Cornell's Proposed Findings Related to Certain Issues in Cornell's Outstanding Discovery Motions. (sal, ) (rjb, ). |
| Filing 673 NOTICE by Hewlett Packard Company of filing HP's Proposed Findings Limiting Cornell to Its Disclosed Evidence (Gibson, Erin) |
| In Camera Documents received by Judge Peebles Chambers from HP as discussed during the 8/9/06 hearing. (sal, ) |
| Filing 672 REPORT AND RECOMMENDATIONS; Recommending the Deft's #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense be DENIED IN ALL RESPECTS; Objections to R&R due by 8/29/2006; Signed by Judge David E. Peebles on 8/15/06. (amt) Modified on 9/5/2006 (jlr). |
| Filing 671 TRANSCRIPT REQUEST by Cornell Research Foundation, Inc., Cornell University for proceedings held on August 9, 2006 before Judge David E. Peebles.. (Fujiyama, Sandra) |
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TEXT SCHEDULING ORDER: The deadline for completion of expert depositions is 9/30/06. The last day to file motions to compel for further expert discovery is set for 10/7/06. The motion filing deadline set previously by the court will remain in place, which is 9/29/06. Endorsed by Judge David E. Peebles on 8/14/06. (sal, )
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| Filing 670 TRANSCRIPT REQUEST by Hewlett Packard Company for proceedings held on August 9, 2006 before Judge David E. Peebles.. (Gibson, Erin) |
| Filing 669 NOTICE by Hewlett Packard Company of filing of slides presented by Hewlett-Packard Co. during the August 9, 2006 motion hearing (Gibson, Erin) |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Motion Hearing held on 8/9/2006 re #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense filed by Hewlett Packard Company, as well as numerous discovery motions that are before the court, followed by a Settlement Conference. The parties were given permission to file w/ the court by 8/18/06 proposed statements regarding the status of discovery and opponents were given until 8/25 to file responses. The parties were encouraged however to avoid further argument on the issues in those submissions. Decision was reserved on the question of bifurcation. Judge extends the time for the completion of expert depositions until 9/30/06. A text order will soon follow. Discussion of settlement followed. The session ended w/ the expressed hope that the parties would consider taking measures to expedite the trial in the case including foregoing dispositive summary judgment motions and preserving arguments instead by ways by motion in limine and Rule 50 motions. Judge Peebles also suggested that Judge Mordue may refer those dispositive motions for a Report and Recommendation. The parties indicated that there will be no consent signed in this case and the parties were unable to settle at this time. Court Reporter: Jodi Hibbard. Clerk: Shelly Lazzaro. APP: Bryan Anderson, Esq., Sandra Fujiyama, Esq., James Mingle, Esq., Nelson, Roth, Esq., Valerie Cross, Esq. for Pltfs.. John Allcock, Esq., Sean Cunningham, Esq., Jerauld Brydges, Esq., Erin Gibson, Esq., Alex Newdock, Esq., & Maria Acker, Esq. for Defts.. (sal, ) |
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Filing 668
ORDER : approving the #667 Stipulation concerning Discovery Limitations on Expert Discovery. Signed by Judge David E. Peebles on 8/9/06. (jmb)
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| Filing 667 STIPULATION AND [PROPOSED] ORDER CONCERNING DISCOVERY LIMITATIONS ON EXPERT DISCOVERY by Hewlett Packard Company submitted to Judge David E. Peebles. (Wellman, Arthur) |
| Filing 666 REPLY to Response to Motion re #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense filed by Hewlett Packard Company. (Cunningham, Sean) |
| Per Judge Peebles, HP has permission to file a Reply to Cornell's Response in Opposition to HP's #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense. This Reply is due by 8/7/06. (sal, ) |
| Filing 665 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of Cornell's #662 Response in Opposition to Defendant's Motion for Initial Bench Trial on Inequitable Conduct Defense. (sal, ) (rjb, ). |
| Filing 664 DECLARATION of Sandra Fujiyama in support of #662 Plaintiff's Response in Opposition to Defendant's Motion for Initial Bench Trial on Inequitable Conduct Defense. (sal, ) (rjb, ). |
| Filing 663 SEALED DOCUMENT - EXHIBITS 1-10 in support of Cornell's #662 Response in Opposition to Defendant's Motion for Initial Bench Trial on Inequitable Conduct Defense (maintained in Clerk's Office and not available for electronic viewing) (sal, ) (rjb, ). |
| Filing 662 SEALED DOCUMENT - CONFIDENTIAL LEVEL 1 RESPONSE in Opposition re #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense filed by Cornell Research Foundation, Inc., Cornell University (maintained in Clerk's Office and not available for electronic viewing) (sal, ) (rjb, ). |
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Filing 661
ORDER to seal the Confidential Level 1 Version of Cornell's #660 RESPONSE in Opposition to the #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense and Exhibits 1-10 attached thereto. Signed by Judge David E. Peebles on 8/2/06. (sal, )
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| Expert Report of Robert Wallace, Expert Rebuttal Report of John Osterndorf, and Expert Rebuttal Report of Edward W. Dovan received by Judge Peebles from HP for review. (sal, ) |
| Filing 660 RESPONSE in Opposition re #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense filed by Cornell Research Foundation, Inc., Cornell University. (Fujiyama, Sandra) |
| NOTICE of Hearing on Motion #653 for Initial Bench Trial on Inequitable Conduct Defense: This motion has been referred by Judge Mordue to Judge Peebles for a Report and Recommendation. The response deadline will remain the same, which is 8/1/06 for the non-confidential version and 8/2/06 for the hard copy confidential version. Judge Peebles will hear oral argument on this motion on 8/9/06, since the parties will already be traveling to Syracuse for a conference previously set by Judge Peebles in this case. (sal, ) |
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Filing 659
SCHEDULING ORDER: The non-confidential version of plaintiff's response to defts. motion shall be filed by 8/1/06; Deadline to file hard copy. confidential version of opposition papers shall be filed by 8/2/06. Signed by Judge Norman A. Mordue on 7/20/06. (kcl, )
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| Filing 658 MOTION for Extension of Time to File Response/Reply as to #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense by Cornell Research Foundation, Inc., Cornell University. (Attachments: #1 Proposed Order/Judgment [Proposed] Order to Extend Deadline for Plaintiffs to File Their Opposition to Defendant's Motion for Initial Bench Trial)(Fujiyama, Sandra) |
| Filing 657 CERTIFICATE OF SERVICE by Hewlett Packard Company re #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense, #656 Amended Document, corrected Declaration of Jerauld Brydges (Brydges, Jerauld) |
| Filing 656 AMENDED DOCUMENT by Hewlett Packard Company. Amendment to #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense Declaration of Jerauld Brydges, dated July 14, 2006, corrected to include inadvertently omitted reference to Exhibit N as attached to the Application to File Under Seal. (Brydges, Jerauld) |
| Filing 655 SEALED DOCUMENT and SEALING ORDER - maintained in Clerk's Office and not available for electronic viewing (jlr) (rjb, ). |
| Filing 654 SEALED DOCUMENT - (Unredacted Memorandum of Law in Support of the #653 Motion for Initial Bench Trial) maintained in Clerk's Office and not available for electronic viewing (jlr) (rjb, ). |
| TEXT ONLY NOTICE BY CLEKR correcting previous text notice; #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense has been taken on submit for 8/16/2006 before Chief Judge Norman A. Mordue. Parties need not appear for oral argument that date(kcl, ) |
| TEXT ONLY NOTICE of Hearing on Motion; Parties are advised that the #653 MOTION for Initial Bench Trial on Inequitable Conduct Defense: has been taken on submit for 8/18/2006 before Chief Judge Norman A. Mordue. Parties need not appear for oral argument on that date.(kcl, ) |
| Filing 653 MOTION for Initial Bench Trial on Inequitable Conduct Defense by Hewlett Packard Company, Hewlett Packard Company, Hewlett Packard Company. (Attachments: #1 Redacted Memorandum of Law#2 Declaration of Jerauld E. Brydges#3 Exhibit A to Brydges Declaration#4 Exhibit B to Brydges Declaration#5 Exhibit D to Brydges Declaration#6 Exhibit E to Brydges Declaration#7 Exhibit F to Brydges Declaration (Part 1)#8 Exhibit F to Brydges Declaration (Part 2)#9 Exhibit G to Brydges Declaration (Part 1)#10 Exhibit G to Brydges Declaration (Part 2)#11 Exhibit I to Brydges Declaration#12 Exhibit J to Brydges Declaration#13 Exhibit K to Brydges Declaration#14 Exhibit L to Brydges Declaration#15 Notice of Lodgment of Authority Reported Electronically#16 Exhibit A to Notice of Lodgment#17 Exhibit B to Notice of Lodgment#18 Exhibit C to Notice of Lodgment#19 Exhibit D to Notice of Lodgment#20 Exhibit E to Notice of Lodgment#21 Proposed Order)(Brydges, Jerauld) |
| Filing 652 DECLARATION of Sandra Fujiyama in Support of #649 Reply Brief by Cornell. (sal, ) (rjb, ). |
| Filing 651 SEALED DOCUMENT - EXHIBITS 48-57 in support of Reply Brief #649 by Cornell.(sal, ) (rjb, ). |
| Filing 650 SEALED DOCUMENT - DECLARATION of Denise McKenzie in Support of #649 Reply Brief Cornell.(sal, ) (rjb, ). |
| Filing 649 SEALED DOCUMENT - REPLY to Response to Motion re #627 Motion to Compel filed by Cornell. (sal, ) (rjb, ). |
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Filing 648
ORDER sealing Cornell's Reply in support of its #627 motion to compel, Declaration of Denise McKenzie in support of Reply, and Cornell's Exhibits 48-57 in support thereof. Signed by Judge David E. Peebles on 7/12/06. (sal, )
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| Filing 647 DECLARATION of Sean C. Cunningham in Support of HP's #645 Reply Brief. (sal, ) (rjb, ). |
| Filing 646 SEALED DOCUMENT - EXHIBITS A through D in support of HP's #645 Reply Brief. (sal, ) (rjb, ). |
| Filing 645 SEALED DOCUMENT - REPLY to Response to Motion re #631 Motion from HP to compel filed by Hewlett Packard Company. (sal, ) (rjb, ). |
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Filing 644
ORDER sealing HP's reply brief in support of its motion to compel the production of the testimony and documents by Cornell, HP's Exhibits A through D in support thereof, as well as this sealing order. Signed by Judge David E. Peebles on 7/12/06. (sal, ) (rjb, ).
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| Filing 643 DECLARATION of Sandra Fujiyama in Opposition to HP's #631 Letter Motion to Compel. (sal, ) (rjb, ). |
| Filing 642 SEALED DOCUMENT - EXHIBITS 1 through 22 by Cornell in opposition to HP's #631 Motion to Compel. (sal, ) (Additional attachment(s) added on 7/6/2018: #1 Part 2, #2 Part 3, #3 Part 4) (rjb, ). |
| Filing 641 SEALED DOCUMENT - RESPONSE in Opposition to #631 HP's Letter Motion to Compel filed by Cornell. (sal, ) (rjb, ). |
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Filing 640
ORDER to seal Cornell's response in opposition to HP's #631 Motion to Compel and Exhibits 1 through 22 in support thereof. Signed by Judge David E. Peebles on 7/3/06. (sal, )
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| Filing 639 DECLARATION of Barry Shelton in Opposition to #627 Cornell's Motion to Compel. (sal, ) (rjb, ). |
| Filing 638 DECLARATION of Erin Gibson in Opposition to #627 Cornell's Motion to Compel. (sal, ) (rjb, ). |
| Filing 637 SEALED DOCUMENT - DECLARATION of Arthur Wellman, Jr. in Opposition to #627 Cornell's Motion to Compel. (sal, ) (rjb, ). |
| Filing 636 SEALED DOCUMENT - EXHIBITS A through O in support of HP's response in opposition to Cornell's #627 Motion to Compel. (sal, ) (rjb, ). |
| Filing 635 SEALED DOCUMENT - RESPONSE in Opposition to #627 Cornell's Motion to Compel filed by HP. (sal, ) (rjb, ). |
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Filing 634
ORDER to seal HP's response in opposition to Cornell's motion to compel #627 , HP's Exhibits A through O in support thereof, Declaration of Arthur Wellman, and this sealing order. Signed by Judge David E. Peebles on 7/3/06. (sal, ) (rjb, ).
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| TEXT NOTICE of Hearing: After confirming w/ counsel, an In-Person Conference has been set in this case for 8/9/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. As stated before, Judge Peebles will try to give a ruling on the pending discovery disputes that are currently before him sometime in July. When he is ready to give such a ruling, a digitally recorded telephone conference will be scheduled by the court.(sal, ) |
| Filing 633 DECLARATION OF Sean C. Cunningham in support of #631 Letter Motion from HP to compel. (sal, ) (rjb, ). |
| Filing 632 SEALED DOCUMENT - EXHIBITS A through H by HP submitted in support of their motion to compel #631 . (sal, ) (rjb, ). |
| Filing 631 SEALED DOCUMENT - Letter Motion from HP to compel the production of testimony and documents by Cornell or in the alternative for an order precluding Cornell from offering related evidence. (sal, ) (rjb, ). |
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Filing 630
ORDER to seal HP's Letter Motion to Compel the production of testimony and documents by Cornell or in the alternative for an order precluding Cornell from offering related evidence, HP's Exhibits A through H in support thereof, and including this sealing order. Signed by Judge David E. Peebles on 6/12/06. (sal, ) (rjb, ).
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| Filing 629 DECLARATION of Sandra S. Fujiyama, Esq. in support of #627 Letter Motion from Cornell to Compel dated 6/9/06. (sal, ) (rjb, ). |
| Filing 628 SEALED DOCUMENT - EXHIBITS 1 through 47 submitted by Cornell in support of their letter motion #627 to compel. (sal, ) (see, ). (Additional attachment(s) added on 9/13/2019: #1 ) (rjb, ). |
| Filing 627 SEALED DOCUMENT - Letter Motion from Cornell to Compel in reference to other damages discovery matters that are presently before this court. (sal, ) (rjb, ). |
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Filing 626
ORDER to seal Confidential Level 1 version of Plaintiff's Motion to Compel and Exhibits 1-47 attached thereto. Signed by Judge David E. Peebles on 6/12/06. (sal, ) (rjb, ).
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| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 6/8/2006. HP and Cornell both request to file motions to compel in reference to the discovery disputes that are already before the court. Judge sets Cornell's briefing schedule as follows: Cornell's motion to compel is to be electronically filed, with a 15 page limit, by the close of business on 6/9/06 (sealed documents to be traditionally filed by 6/12/06). Response to this motion is due by 6/30/06 (15 page limit) and reply is due by 7/11/06 (3 page limit). HP's briefing schedule is set forth as follows: HP's motion to compel is to be electronically filed, with a 5 page limit by the close of business on 6/9/06 (sealed documents to be traditionally filed by 6/12/06). Response to this motion is due by 6/30/06 (5 page limit) and reply is due by 7/11/06 (3 page limit). Judge cancels the telephone conference that was scheduled for 6/27/06. CRD for Judge Peebles will e-mail the parties a listing of all pending motions that are currently before Judge Peebles, as well as some dates and times that are available for an in-person conference to be held before Judge Peebles in August. Parties will discuss at the conference the possibility of settlement and are permitted to slightly argue some of the discovery issues that are currently before Judge Peebles. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., Valerie Cross, Esq., Sean Cunningham, Esq., Stewart Brown, Esq., Arthur Wellman, Esq., John Allcock, Esq., Barry Shelton, Esq., and Jerauld Brydges, Esq.. (sal, ) |
| TEXT NOTICE of Hearing: A Telephone Conference is set for 6/8/2006 at 3:30 PM before Magistrate Judge David E. Peebles. Erin Gibson will be making arrangements to initiate the call to counsel for all parties and to Chambers at (315) 234-8620.(sal, ) |
| Filing 625 SEALED DOCUMENT - NOTICE of Errata by HP regarding #611 Exhibits U, Z,and DD to its supplemental brief #610 . Several pages of these exhibits were omitted due to a copying error. (sal, ) (rjb, ). |
| Filing 624 SEALED DOCUMENT - EXHIBITS A through Y in support of HP's response #622 to Cornell's #605 letter brief. (sal, ) (rjb, ). |
| Filing 623 DECLARATION of Sean Cunningham in support of HP's #622 RESPONSE TO LETTER BRIEF. (sal, ) (rjb, ). |
| Filing 622 SEALED DOCUMENT - RESPONSE TO LETTER BRIEF by HP as to Cornell's #605 LETTER BRIEF. (sal, ) (rjb, ). |
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Filing 621
ORDER to file under seal HP's response to Cornell's Supplemental Brief #605 , HP's Exhibits A through Y attached thereto, and this sealing order. Signed by Judge David E. Peebles on 5/17/06. (sal, ) (rjb, ).
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| Filing 620 SEALED DOCUMENT - CORNELL'S EXHIBITS 1-21 in support of their response #618 to HP's supplemental letter brief.(sal, ) (rjb, ). |
| Filing 619 DECLARATION of Sandra Fujiyama in support of Cornell's #618 RESPONSE TO LETTER BRIEF.(sal, ) (rjb, ). |
| Filing 618 SEALED DOCUMENT - RESPONSE TO LETTER BRIEF by Cornell as to HP's #610 Additional Letter Brief in support of is pending motions. (sal, ) (rjb, ). |
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Filing 617
ORDER to file under seal the Confidential Level 1 version of Plaintiff's response to HP's Supplemental Brief and Exhibits 1-21 attached thereto. Signed by Judge David E. Peebles on 5/17/06. (sal, )
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Filing 616
ORDER granting #614 Letter Request, the #613 order of the Court is modified as listed within . Signed by Judge David E. Peebles on 5/18/06. (kcl, )
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| Filing 615 RESPONSE TO LETTER BRIEF filed by Cornell Research Foundation, Inc., Cornell University as to #614 Letter Request/Motion filed by Hewlett Packard Company, regarding modification of 05/10/06 Scheduling Order. (Poplawski, Edward) |
| Filing 614 Letter Motion from Sean C. Cunningham for Hewlett Packard Company requesting Modification of Court's May 10, 2006 Scheduling Order submitted to Judge Peebles. (Attachments: #1 Proposed Order/Judgment)(Gibson, Erin) |
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Filing 613
ORDER granting #612 Letter Request, Discovery due by 9/15/2006. Motions to be filed by 9/29/2006.. Signed by Judge David E. Peebles on 5/10/06. (kcl, )
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| Filing 612 Letter Motion from Sandra S. Fujiyama for Cornell Research Foundation, Inc., Cornell University requesting Extension of Case Schedule submitted to Judge Peebles. (Attachments: #1 Proposed Order/Judgment)(Fujiyama, Sandra) |
| Filing 611 SEALED DOCUMENT (HP's Supplemental Brief with exhibits A-Z and AA-FF) - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 610 SEALED DOCUMENT (Letter Brief addressed to MJ Peebles from S. Cunningham, Esq. for Deft. HP)Filed under seal per Protective Order of the Court - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 609 SEALED DOCUMENT (Notice of Lodgment of Authority by S. Cunningham) for Deft. HP; Attached Exhibit 1; Filed under seal per Protective order of the Court - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 608 SEALED DOCUMENT (Declaration of S. Cunningham w/ Cert. service) for Deft.HP; FIled under seal pursuant to Protective order of the Court - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 607 SEALED DOCUMENT - EXHIBITS 1 through 23 in support of Plaintiff's Additional Letter Brief relating to their pending motions.(sal, ) (rjb, ). |
| Filing 606 DECLARATION of Sandra Fujiyama in support of #605 Plaintiff's Additional Letter Brief relating to their pending motions. (sal, ) |
| Filing 605 SEALED DOCUMENT - CORNELL'S ADDITIONAL LETTER BRIEF relating to Plaintiff's pending motions and oppositions pursuant to the 4/21/06 Order (Dkt. No. 603). (sal, ) (rjb, ). |
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Filing 604
ORDER directing the Clerk to file under seal the Confidential Level 1 version of Plaintiff's Additional Brief relating to their pending motions and exhibits 1-23 attached thereto. Signed by Judge David E. Peebles on 5/3/06. (sal, )
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Filing 603
ORDER granting #602 Letter Request, Additional Breifing with regard to DIscovery Motions is allowed as listed within. Signed by Judge David E. Peebles on 4/21/06. (kcl, )
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| Filing 602 Letter Motion from Sandra Fujiyama for Cornell Research Foundation, Inc., Cornell University requesting Additional Briefing submitted to Judge Peebles. (Fujiyama, Sandra) |
| Filing 601 SEALED DOCUMENT - HP'S EXHIBIT A in support of their application requesting to submit additional briefing regarding new evidence produced by Cornell. (sal, ) (rjb, ). |
| Filing 600 SEALED DOCUMENT - Application from HP requesting the Court to allow HP to submit additional briefing related to the pending discovery motions. (sal, ) (rjb, ). |
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Filing 599
SEALING ORDER to seal HP's application to submit briefing regarding new evidence produced by Cornell, and HP's Exhibit A atttached thereto, including this sealing order. Signed by Judge David E. Peebles on 4/18/06. (sal, ) (rjb, ).
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TEXT ORDER: Briefing schedule regarding the new evidence produced by Cornell is as follows: HP's letter brief/motion is due by 5/2/06 (ten page limit); Cornell's response to this letter brief is due by 5/16/06 (ten page limit. Endorsed by Judge David E. Peebles on 4/18/06. (sal, )
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| Filing 598 LETTER BRIEF TO THE HONORABLE JUDGE DAVID E. PEEBLES by Hewlett Packard Company. (Wellman, Arthur) |
| Filing 597 STATUS REPORT re Developments Pertinent to Discovery Motions Before the Court (03/06/06 Discovery Hearing) by Cornell Research Foundation, Inc., Cornell University. (Fujiyama, Sandra) |
| Filing 596 *SEALED* TRANSCRIPT of MOTION HEARING; held on 3/6/06 before Judge Peebles, Court Reporter: Jodi Hibbard - maintained in Clerk's Office and not available for electronic viewing. (kcl, ) (rjb, ). |
| TEXT NOTICE of Hearing: A Telephone Conference is set for 6/27/2006 at 2:00 PM before Magistrate Judge David E. Peebles. Counsel for the parties are instructed to confer with each other at least one (1) week prior to the date of the conference to confirm their availability, and defendant's attorney is directed to make arrangements for initiating the call to counsel for all parties and the court which should be contacted at (315) 234-8620.(sal, ) |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Settlement Conference held on 3/30/2006. Case does not settle at this time. Parties are encouraged to discuss settlement further. A telephone conference will be set for sometime in June regarding status of this case. Appearances for Cornell: Edward Poplawski, Esq., Bryan Anderson, Esq., Valerie Cross, Esq., Nelson Roth, Esq., James Mingle, Esq., Richard Cahoon, & Steve Golding. Appearances for HP: Sean Cunningham, Esq., Stewart Brown, Esq., Barry Sheldon, Esq., John Allcock, Esq., Jerauld Brydges, Esq., Maria Acker, Esq., James Moore, Esq., and Mark Mayotte. (sal, ) |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : In-Person Settlement Conference held on 3/29/2006. Parties discuss settlement options w/ Judge Peebles. Discussions will be continued tomorrow morning starting at 9:00 AM. Appearances for Cornell: Edward Poplawski, Esq., Bryan Anderson, Esq., Valerie Cross, Esq., Nelson Roth, Esq., Richard Cahoon, Steve Golding & James Mingle. Appearances for HP: Sean Cunningham, Esq., Stewart Brown, Esq., Barry Sheldon, Esq., John Allcock, Esq., Jerauld Brydges, Esq., Maria Acker, Esq., James Moore, and Mark Mayotte. (sal, ) |
| Judge Peebles Chambers received on 3/23/06 HP's ex parte settlement statement and today two binders containing the exhibits to HP's ex parte settlement brief. These will not be filed w/ the court and will remain in Judge Peebles Chambers for review. (sal, ) |
| Judge Peebles Chambers has received ex parte settlement statement from Cornell. These will not be filed w/ the court and will remain in Judge Peebles Chambers for review. (sal, ) |
| Filing 595 TRANSCRIPT REQUEST by Hewlett Packard Company for proceedings held on 3/6/06 before Judge David E. Peebles.. (Gibson, Erin) |
| Filing 594 TRANSCRIPT REQUEST by Cornell Research Foundation, Inc., Cornell University for proceedings held on 03/06/2006 before Judge David E. Peebles.. (Fujiyama, Sandra) |
| Filing 593 SEALED DOCUMENT - Hard copies of slides presented by HP during the discovery hearing held on 3/6/06 before Judge Peebles. (sal, ) Additional attachment(s) added on 3/9/2006 (sal, ). |
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TEXT SCHEDULING ORDER: Fact Discovery is due by 5/15/2006. Initial Expert Reports are due by 5/22/06. Rebuttal Expert Reports are due by 6/21/06. Close of Expert Discovery is 7/31/06. Dispositive Motions are to be filed by 8/15/2006. Motion for Costs deadline is STAYED INDEFINITELY. The deadline to submit ex parte settlement documents to the court in preparation for the settlement conference are due by 3/23/06. Endorsed by Judge David E. Peebles on 3/7/06. (sal, )
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| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Motion Hearing held on 3/6/2006 re: Letter Motions #535 , #542 , #479 , #580 , #482 , #489 , & #586 . Judge hears oral argument from the parties. HP will provide the PowerPoint presentation to the court and plaintiff's counsel in paper format when they return to their office. HP provides Exh. 1 to the court for in camera review. Judge RESERVES decision at this time on various discovery motions. A written decision will be issued sometime after the settlement conference scheduled for 3/29/06 takes place. Judge speaks with counsel off the record regarding outstanding discovery issues. Parties discuss what fact depositions remain in this case. Both sides expect to retain five to six expert witnesses at that time of trial. Judge puts a new schedule in place for discovery and addresses motion for costs deadline, as well as when ex parte settlement documents are due in preparation of the conference scheduled for 3/29/06. These extensions will be addressed in a text order. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., Sandra Fujiyama, Esq., Nelson Roth, & Valerie Cross for Cornell and Sean Cunningham, Esq., Stewart Brown, Esq., Arthur Wellman, Esq., Jerauld Brydges, Esq., and Maria Acker, Esq. for HP. Court Reporter: Jodi Hibbard. Clerk: Shelly Lazzaro. Time: 10:00AM-4:40PM (this proceeding was also digitally recorded). (sal, ) |
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Filing 592
MEMORANDUM, DECISION AND ORDER affirming #449 Appeal of District Judge Decision to District Court, denying #466 Letter Request; Plaintiff's motion for an order of contempt (dkt. 369) is denied; . Signed by Judge Norman A. Mordue on 2/27/06. (kcl, )
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| Filing 591 NOTICE by Cornell Research Foundation, Inc., Cornell University re #590 Notice (Other) Objecting To Such Notice (Poplawski, Edward) |
| Filing 590 NOTICE by Hewlett Packard Company of non-filing of responsive brief re: Chow and Ling subpoenas and of status of protective order issue. (Gibson, Erin) |
| TEXT NOTICE of Hearing: A Settlement Conference has been set for 3/29/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles and will continue the following day on 3/30/06. The parties have already confirmed that these dates are available for all counsel of record in this case. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. In preparation for the scheduled settlement conference, not later than 3/17/06, the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, ) |
| Filing 589 CERTIFICATE OF SERVICE re #588 Exhibit, #584 LETTER BRIEF, #585 Order,, #586 Letter Motion requesting subpoenas submitted to Judge Peebles, #587 Affidavit in Support of Motion (sal, ) (rjb, ). |
| Filing 588 SEALED DOCUMENT - EXHIBITS A through K in support of HP's #586 Letter Motion regarding subpoenas. (sal, ) (rjb, ). |
| Filing 587 SEALED DOCUMENT - DECLARATION of Arthur A. Wellman, Jr. in Support of HP's #586 Letter Motion in support of its subpoenas to Dr. Chow and Dr. Ling. (sal, ) (rjb, ). |
| Filing 586 SEALED DOCUMENT - HP'S Response to #580 Letter Motion in support of its subpoenas to Dr. Chow and Dr. Ling submitted to Judge Peebles. (sal, ) Modified on 11/6/2006 (sal, ). (rjb, ). |
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Filing 585
ORDER sealing HP's Letter Brief in support of its subpoenas to Dr. Chow and Dr. Ling, the Declaration of Arthur Wellman, Jr., and HP's Exhibits A through K attached thereto, as well as this sealing order. Signed by Judge David E. Peebles on 2/13/06. (sal, ) (rjb, ).
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| Filing 584 HP'S REDACTED LETTER MOTION in support of its subpoenas to Ling and Chow. (sal, ) (rjb, ). |
| Filing 583 CERTIFICATE OF SERVICE re #580 Letter Motion requesting subpoenas submitted to Judge Peebles, #581 Declaration in Support of Motion, #582 Exhibits, #579 Order (sal, ) (rjb, ). |
| Filing 582 SEALED DOCUMENT - Cornell's EXHIBITS 1 through 9 in support of #580 Letter Motion re: Ling and Chow subpoenas. (sal, ) (rjb, ). |
| Filing 581 DECLARATION in Support of #580 Cornell's Letter Motion regarding the Ling and Chow subpoenas submitted to Judge Peebles. (sal, ) (rjb, ). |
| Filing 580 SEALED DOCUMENT - Cornell's Letter Motion regarding HP's subpoenas directed to Ling and Chow submitted to Judge Peebles. (sal, ) (rjb, ). |
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Filing 579
ORDER sealing Plaintiff's Brief re: the Ling and Chow Subpoenas and Exhibits 1 through 9 attached thereto. Signed by Judge David E. Peebles on 2/13/06. (sal, )
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| NOTICE of Hearing on all pending Discovery Motions before Judge Peebles:A Motion Hearing has been set for 3/6/2006 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles to hear oral argument on all of the pending discovery motions. This time and day has already been confirmed by the parties. Parties are still working on confirming a time and day for the settlement conference that is to be held thereafter. (sal, ) |
| TEXT ORDER denying #451 Letter Request for oral argument on the #449 Mag. Appeal. (jlm) |
| Minute Entry for proceedings held before Judge David E. Peebles;Telephone Conference held on 2/3/2006; App: B. Anderson, S. Fujiyama, J. Mingle, N. Roth, E. Poplawski, and J. Moore, Esqs., for Pltfs; S. Brown, J. Brydges, S. Cunningham, E. Gibson, L. Vaughn, and A. Wellman, Esqs., for Defts; Parties are heard re: discovery issues; Parties are jointly granted permission to file 5 page briefs by 2/10/06 re: subpoena issues; parties are granted permission to respond if they desire; Deft to submit 10 page letter brief re: nuclear winter issue by 2/15/06; responses to this issue are also limited to 10 pages and are to be filed by 2/24/06; Court to contact parties re: setting discovery hearing for late February and a settlement conference for late March; all pretrial deadlines in the case are stayed pending the settlement conference - any new discovery to be sought will need prior court approval w/the exception of the current issues and any items under discussion (amt, ) |
| Filing 578 SEALED DOCUMENT - Letter dated 2/1/06 from Edward Poplawski, Esq. to the court responding to Mr. Moore's letter concerning settlement. (sal, ) (rjb, ). |
| Filing 577 SEALED DOCUMENT - Letter dated 1/31/06 from James Moore, Esq. of the Harter, Secrest Law Firm concerning settlement. (sal, ) (rjb, ). |
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Filing 576
ORDER to file HP's Confidential Documents under seal. Signed by Judge David E. Peebles on 1/31/06. (sal, )
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| Per the request of plaintiff's counsel, a discovery telephone conference has been scheduled for 2/3/06 at 3:00 PM. Plaintiff's counsel is to initiate the call to Chambers at (315) 234-8620. This is concerning a separate discovery dispute that has just come up. (sal, ) |
| Filing 575 SEALED DOCUMENT - HP'S NOTICE OF ERRATA regarding #566 Exhibit KK in support of HP's Reply Letter Motion to Compel Discovery. (sal, ) (rjb, ). |
| Filing 574 CERTIFICATE OF SERVICE re #572 Affidavit in Support of Motion, #573 Notice (Other), #568 Order,, #569 Reply to Response to Motion, #570 Affidavit in Support of Motion, #571 Exhibit (sal, ) (rjb, ). |
| Filing 573 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's #569 Reply to Response to Motion. (sal, ) (rjb, ). |
| Filing 572 DECLARATION of Sandra Fujiyama in Support of Plaintiff's Reply to HP's Opposition to Plaintiff's #535 Letter Motion to Compel Compliance and for Sanctions. (sal, ) Additional attachment(s) added on 1/26/2006 (sal, ). |
| Filing 571 SEALED DOCUMENT - EXHIBITS 52 through 66 in support of Cornell's Reply to HP's Opposition to Plaintiff's #535 Motion to Compel Compliance and for Sanctions. (sal, ) (rjb, ). |
| Filing 570 SEALED DOCUMENT - DECLARATION of Bryan Anderson in Support of Plaintiff's Reply to HP's Opposition to Plaintiff's #535 Letter Motion to Compel Compliance and for Sanctions submitted to Judge Peebles . (sal, ) (rjb, ). |
| Filing 569 SEALED DOCUMENT - CORNELL'S REPLY to Response to HP's Opposition to Plaintiff's #535 Letter Motion to Compel Compliance and for Sanctions. (sal, ) (rjb, ). |
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Filing 568
SEALING ORDER that Cornell's Reply to HP's Opposition to Cornell's #535 Motion to Compel Compliance and for Sanctions, the Declaration of Bryan Anderson, and Exhibits 52-66 remain under seal until otherwise ordered by the Court. Signed by Judge David E. Peebles on 1/26/06. (sal, )
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| Filing 567 CERTIFICATE OF SERVICE re #565 Sealed Declaration in Support of Motion, #566 Sealed Exhibits, #563 Sealing Order,, #564 Sealed Reply to Response to Motion (sal, ) (rjb, ). |
| Filing 566 SEALED DOCUMENT - HP'S EXHIBITS JJ through SS in support of their Reply to Response to #542 Motion to Compel Discovery. (sal, ) (rjb, ). |
| Filing 565 SEALED DOCUMENT - Declaration of Arthur Wellman, Jr. in Support of HP's #564 Reply in Opposition to HP's #542 Letter Motion to Compel Discovery. (sal, ) (rjb, ). |
| Filing 564 SEALED DOCUMENT - HP'S REPLY to Response to Motion re #542 Letter Motion to Compel Discovery. . (sal, ) (rjb, ). |
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Filing 563
SEALING ORDER to seal HP's Reply Letter Brief in Support of its Motion to Compel, the Declaration of Arthur Wellman, Jr., HP's Exhibits JJ through SS in support thereof, and including this sealing order, shall be filed under seal. Signed by Judge David E. Peebles on 1/26/06. (sal, ) (rjb, ).
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| Filing 562 CERTIFICATE OF SERVICE re #559 Declaration, #560 Notice of Lodgment of Authority, #561 Sealed Exhibits, #557 Sealing Order, #558 Sealed Response in Opposition to Motion. (sal, ) (rjb, ). |
| Filing 561 SEALED DOCUMENT - EXHIBITS 1 through 16 in Support of Cornell's Response in Opposition to HP's #542 Motion to Compel Discovery. (sal, ) (rjb, ). |
| Filing 560 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Cornell's Reponse in Opposition to HP's #542 Motion to Compel Discovery. (sal, ) (rjb, ). |
| Filing 559 DECLARATION of Sandra Fujiyama in Support of Cornell's Response in Opposition to HP's #542 Motion to Compel Discovery. (sal, ) (rjb, ). |
| Filing 558 SEALED DOCUMENT - CORNELL'S RESPONSE in Opposition to HP's #542 Letter Motion to Compel Discovery. (sal, ) (rjb, ). |
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Filing 557
SEALING ORDER sealing the Confidential Level 1 version of Plaintiff's Response in Opposition to HP's #542 Motion to Compel and Exhibits 1-16 in support thereof. Signed by Judge David E. Peebles on 1/19/06. (sal, )
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| Filing 556 CERTIFICATE OF SERVICE re #551 Sealing Order, #552 HP's Sealed Response in Opposition to Motion, #553 Sealed Declaration, #554 Declaration, #555 Sealed Exhibits. (sal, ) (rjb, ). |
| Filing 555 SEALED DOCUMENT - EXHIBITS A through WW in Support of HP's Response in Opposition to Cornell's #535 Motion to Compel. (sal, ) (rjb, ). |
| Filing 554 DECLARATION of Licia Vaughn in Support of HP's Response in Opposition to Cornell's #535 Motion to Compel. (sal, ) (rjb, ). |
| Filing 553 SEALED DOCUMENT - DECLARATION of Arthur Wellman, Jr. in Support of HP's Response in Opposition to Cornell's #535 Motion to Compel. (sal, ) (rjb, ). |
| Filing 552 SEALED DOCUMENT - HP'S RESPONSE in Opposition to Cornell's #535 Letter Motion requesting to Compel Compliance and for Sanctions. (sal, ) (rjb, ). |
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Filing 551
SEALING ORDER that HP's Letter Brief in Opposition to Plaintiff's Motion to Compel, and HP's Exhibits A through WW in support thereof are filed under seal including this sealing order. Signed by Judge David E. Peebles on 1/19/06. (sal, ) Additional attachment(s) added on 1/19/2006 (sal, ).
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| Filing 550 SEALED LETTER/REQUEST AND ORDER- maintained in Clerk's Office and not available for electronic viewing; the Court directs that this letter, with attachments be available only to Court personnel and plaintiff's counsel; Signed by MJ Peebles 1/18/06 (kcl, ) (rjb, ). |
| Filing 549 NOTICE by Cornell Research Foundation, Inc., Cornell University Attorney E-Filing Registration Form - Bryan K. Anderson (Fujiyama, Sandra) |
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Filing 548
Letter/Request and ORDER; The Court orders production of the first two sentences of document 46, redacted to eliminate the 3rd sentence of teh subject e-mail. Signed by Judge David E. Peebles on 1/12/06. (kcl, )
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Filing 547
ORDER re #524 filed by Hewlett Packard Company; HP shall have an extension of time to 1/16/06 to provide data from the Xpress2 database searches in response to pltfs. 5th - 7th set of product numbers to pltfs.; Signed by Judge David E. Peebles on 1/9/06. (kcl, )
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| Filing 546 CERTIFICATE OF SERVICE re #541 HP's Letter Motion, #542 HP's Sealed Letter Motion, #543 Sealed Declaration in Support of Motion, #544 Sealed Exhibits, #545 Notice of Lodgement, #540 Sealing Order. (sal, ) (rjb, ). |
| Filing 545 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of HP's #542 Letter Motion to Compel Certain Discovery from Plaintiffs'. (sal, ) (rjb, ). |
| Filing 544 SEALED DOCUMENT - EXHIBITS A through II in support of HP's #542 Letter Motion to Compel Certain Discovery from Plaintiffs'. (sal, ) (rjb, ). |
| Filing 543 SEALED DOCUMENT - DECLARATION of Sean C. Cunningham in Support of HP's #542 Letter Motion to Compel Certain Discoveryfrom Plaintiffs'. (sal, ) (rjb, ). |
| Filing 542 SEALED DOCUMENT - HP'S Letter Motion to Compel Certain Discovery from Plaintiffs' submitted to Judge Peebles. (sal, ) (rjb, ). |
| Filing 541 HP's Redacted Letter Motion to Compel Certain Discovery from Plaintiffs'. (sal, ) (rjb, ). |
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Filing 540
ORDER sealing HP's Letter Motion to Compel, the Declaration of Sean C. Cunningham, HP's Exhibits A through II in support thereof, and this sealing order. Signed by Judge David E. Peebles on 1/9/06. (sal, ) (rjb, ).
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| Filing 539 CERTIFICATE OF SERVICE re #535 Sealed Letter Motion to Compel Compliance and for Sanctions submitted to Judge Peebles, #536 Declaration in Support of Motion, #537 Declaration in Support of Motion, #538 Sealed Exhibits, #534 Sealing Order. (sal, ) (rjb, ). |
| Filing 538 SEALED DOCUMENT - EXHIBITS 1-51 submitted by plaintiffs in support of their Motion #535 to Compel Complaince and for Sanctions. (sal, ) (rjb, ). |
| Filing 537 DECLARATION of Sandra S. Fujiyama in Support of #535 Plaintiff's Letter Motion to Compel Compliance and for Sanctions. (sal, ) (rjb, ). |
| Filing 536 DECLARATION of Bryan K. Anderson in Support of #535 Plaintiff's Letter Motion to Compel Compliance and for Sanctions.(sal, ) (rjb, ). |
| Filing 535 SEALED DOCUMENT - Confidential Level 1 Version of Plaintiff's Letter Motion to Compel Compliance and for Sanctions, including a preclusion order, and an order recommending to the District Judge that HP be held in civil contempt submitted to Judge Peebles. (sal, ) (rjb, ). |
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Filing 534
ORDER sealing Confidential Level 1 Version of Plaintiff's Motion to Compel Compliance and for Sanctions, and Exhibits 1-51 in support thereof. Signed by Judge David E. Peebles on 1/9/06. (sal, )
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| Filing 533 CERTIFICATE OF SERVICE re #531 Sealing Order, #532 Plaintiff's Sealed Reply to Response to Motion. (sal, ) (rjb, ). |
| Filing 532 SEALED DOCUMENT - REPLY by Plaintiff's to HP's Response in Opposition to Plaintiff's Motion #489 for a Protective Order.(sal, ) (rjb, ). |
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Filing 531
ORDER sealing Confidential Level 1 version of Plaintiff's Reply to HP's Opposition to Plaintiff's Motion for a Protective Order. Signed by Judge David E. Peebles on 1/9/06. (sal, )
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| Filing 530 TRANSCRIPT of Court Proceedings held on 9/14/05 before Judge Peebles, - maintained in Clerk's Office and not available for electronic viewing. (kcl, ) (rjb, ). |
| Filing 529 NOTICE by Cornell Research Foundation, Inc., Cornell University Attorney E-Filing Registration Form-Denise L. McKenzie (Fujiyama, Sandra) |
| Filing 528 NOTICE by Cornell Research Foundation, Inc., Cornell University Attorney E-Filing Registration Form-Edward Poplawski (Fujiyama, Sandra) |
| Filing 527 NOTICE by Cornell Research Foundation, Inc., Cornell University Attorney E-Filing Registration Form-Sandra Fujiyama (Fujiyama, Sandra) |
| Filing 526 NOTICE by Cornell Research Foundation, Inc., Cornell University Notice of Change of Firm Name (Fujiyama, Sandra) |
| Filing 525 RESPONSE TO LETTER BRIEF filed by Cornell Research Foundation, Inc., Cornell University as to #524 Notice (Other) filed by Hewlett Packard Company,. (Fujiyama, Sandra) |
| Filing 524 NOTICE by Hewlett Packard Company Regarding Request and Proposed Order on Extension of Time (Cunningham, Sean) |
| Filing 523 SEALED DOCUMENT/Binder #2 referenced in #521 Order- maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 522 SEALED DOCUMENT/Binder #1 referenced in #521 order - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Additional attachment(s) added on 9/13/2019: #1 ) (rjb, ). |
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Filing 521
ORDER: The documents referenced within this order shall be produced by the deft. to plaintiffs w/in 20 days of this order; This order is automatically stayed for 10 days to permit either party to appeal; If an appeal is filed the stay is extended an additional 20 days; The Clerk shall docket letter dated 10/5/05 from Sean C. Cunningham, Esq. and file the binder of documents submitted to the Court under seal; The separate binder enclosing the relevant opinion letters of counsel, will also be filed under seal; Signed by Judge David E. Peebles on 1/3/06. (kcl, )
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Filing 520
ORDER granting #500 Motion for Limited Admission Pro Hac Vice of Erin P. Gibson for Hewlett Packard. Signed by Judge David E. Peebles on 12/28/05. (kcl, )
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| Filing 519 CERTIFICATE OF SERVICE re #517 Sealed Declaration in Opposition to Motion, #518 Sealed Exhibits, #514 Order, #515 Redacted Response in Opposition to Motion,, #516 Sealed Response in Opposition to Motion, (sal, ) (rjb, ). |
| Filing 518 SEALED DOCUMENT - HP's EXHIBITS A through GG in support of their Response in Opposition to Cornell's #489 Letter Motion for Protective Order and/or Sanctions. (sal, ) (rjb, ). |
| Filing 517 SEALED DOCUMENT - Declaration of Sean Cunningham in Support of HP's Response in Opposition to Cornell's #489 Letter Motion for Protective Order and/or Sanctions. (sal, ) (rjb, ). |
| Filing 516 SEALED DOCUMENT - Confidential Level 1 version of HP'S RESPONSE IN OPPOSITION to Cornell's #489 Letter Motion for Protective Order and/or Sanctions to preclude HP from seeking, obtaining, & using any discovery from 3rd parties IBM and Intel, at trial or otherwise. (sal, ) (rjb, ). |
| Filing 515 REDACTED VERSION - HP'S RESPONSE in OPPOSITION to Cornell's #489 Letter Motion for Protective Order and/or Sanctions to preclude HP from seeking, obtaining, & using any discovery from 3rd parties IBM and Intel, at trial or otherwise. (sal, ) (rjb, ). |
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Filing 514
ORDER sealing Confidential Level 1 versions of HP's Reponse in Opposition to Cornell's #479 Motion for Protective Order, the Declaration of Sean Cunningham, HP's Exhibits A through GG in support thereof, and this sealing order. Signed by Judge David E. Peebles on 1/3/06. (sal, ) (rjb, ).
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Filing 513
AMENDED ORDER; amends the Court's #511 Order, . Signed by Judge David E. Peebles on 12/30/05. *served*(kcl, )
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| Filing 512 SEALED DOCUMENT LETTER dd. 11/20/04 / Binder - maintained in Clerk's Office and not available for electronic viewing - filed under seal re: #512 order (kcl, ) (jmb, ). |
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Filing 511
ORDER; Documents referenced in this order shall be produced by the pltfs to deft w/in 20 days of this order; This order is automatically stayed for a period of 10 days to permit either party to appeal; Clerk shall file the letter dated 11/20/04 form Sandra Fujiyama, Esq. together with enclosed binder of documents submitted for in camera review, under seal; Signed by Judge David E. Peebles on 12/30/05. (kcl, )
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Filing 510
SEALED DOCUMENT - ORDER approving plaintiffs' sixth supplemental response to Interrogatory No. 5 from the defendant. The Interrogatory and this cover letter attached thereto shall be filed under seal. Signed by Judge David E. Peebles on 12/29/05. (sal, ) (rjb, ).
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| CRD for Judge Peebles has returned today to plaintiffs' counsel, Edward Poplawski, Esq., and defendant's counsel, Stewart Brown, Esq., exhibits that were presented as evidence during the evidentiary hearing held on 12/16/04 (by regular mail). (sal, ) |
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Filing 509
ORDER extending deadline for compliance and certification. Signed by Judge David E. Peebles on 12/27/05. (kcl, )
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| Filing 508 NOTICE by Hewlett Packard Company of Errata re Reply Brief filed 12/21/2005 (Cunningham, Sean) |
| Filing 507 NOTICE by Hewlett Packard Company Regarding Proposed Order on Extension of Time (Cunningham, Sean) |
| PHV Admission fee: $ 30.00, receipt number SYR005378 received for Erin P. Gibson. (lmp) |
| Filing 506 CERTIFICATE OF SERVICE re #505 Exhibits, #501 Redacted Reply to Response to Motion, #502 Declaration, #503 Sealing Order, #504 Sealed Reply to Response to Motion (sal, ) (rjb, ). |
| Filing 505 SEALED DOCUMENT - EXHIBITS F through L in support of HP's Reply Letter Brief in Support of their Motion for a Protective Order. (sal, ) (rjb, ). |
| Filing 504 SEALED DOCUMENT - REPLY to Response to Motion re [479 and 482] Letter Motions from HP requesting Protective Order. (sal, ) (rjb, ). |
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Filing 503
ORDER sealing HP's Confidential Level 1 version of the Reply Letter Brief in support of their Motion for a Protective Order and HP's Exhibits F through L, in support thereof, as well as this sealing order. Signed by Judge David E. Peebles on 12/22/05. (sal, ) (rjb, ).
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| Filing 502 DECLARATION of Sean Cunningham in support of Defendant HP's #501 Reply to Response to Motion for a Protective Order. (sal, ) (rjb, ). |
| Filing 501 REDACTED REPLY to Response to Motion re [479 & 482] Letter Motions from HP requesting a Protective Order. (sal, ) (rjb, ). |
| Filing 500 MOTION for Limited Admission Pro Hac Vice of Erin Paige Gibson by Hewlett Packard Company, Hewlett Packard Company, Hewlett Packard Company.(Brydges, Jerauld) Additional attachment(s) added on 12/23/2005 (lmp, ). Additional attachment(s) added on 12/28/2005 (kcl, ). |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 12/20/2005. HP has requested this conference call, however, Cornell has separate issues regarding discovery that needs to be addressed, as well. Judge Peebles will sign an order that HP is to provide regarding extension of time to provide procurement documents until 12/23/05 and extension of time regarding the period for HP to comply w/ the court's previous order until 1/6/06. Cornell is allowed to comment on the text of this proposed order, but not to reargue the issue. Judge sets a briefing schedule on the issues both sides have raised today as follows: Parties are to submit simultaneously letter briefs by 1/6/06; Responsive Briefs are due by 1/18/06; and Replies are due by 1/25/06 (25 page limit for both sides, exclusive of attachments or exhibits and 10 pages for any replies). Judge will schedule a conference after these issues have been fully briefed. Parties are discussing settlement options and may have an in-person meeting between themselves to discuss this further. APP: Bryan Anderson, Esq., Sandra Fujiyama, Esq., Sean Cunningham, Esq., Stewart Brown, Esq., Arthur Wellman, Esq., & Erin Gibson, Esq.. (sal, ) |
| Filing 499 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's Response in Opposition to HP's Letter Motions [472 & 482] Requesting a Protective Order. (sal, ) (rjb, ). |
| Filing 498 CERTIFICATE OF SERVICE re #499 Notice of Lodgment, #496 Sealed Exhibits, #497 Declaration, #494 Sealing Order, #495 Confidential Level 1 version of Plaintiff's Response in Opposition to HP's Motion for a Protective Order. (sal, ) (rjb, ). |
| Filing 497 DECLARATION of Sandra S. Fujiyama in Support of Plaintiff's #495 Response in Opposition to HP's [479 & 482] Letter Motions requesting a Protective Order on Plaintiff's Approved Interrogatory No. 5. (sal, ) (rjb, ). |
| Filing 496 SEALED DOCUMENT - EXHIBITS 1 through 10 in Support of Plaintiff's Response in Opposition to HP's [479 & 482] Letter Motions requesting a Protective Order on Plaintiffs' Approved Interrogatory No. 5.(sal, ) (rjb, ). |
| Filing 495 SEALED DOCUMENT - Confidential Level 1 version of Plaintiff's Response in Opposition to HP's #479 and #482 Letter Motions requesting a Protective Order on Plaintiffs' Approved Interrogatory No. 5. (sal, ) (rjb, ). |
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Filing 494
ORDER sealing Confidential Level 1 version of Plaintiff's Letter Brief in Opposition to HP's Letter Motion [479 & 482] for a Protective Order and Exhibits 1 through 10 in support thereof. Signed by Judge David E. Peebles on 12/19/05. (sal, )
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| Filing 493 CERTIFICATE OF SERVICE re #489 Sealed Letter Motion, #492 Notice Of Lodgment, #488 Sealing Order, #491 Declaration in Support, #490 Sealed Exhibits. (sal, ) (rjb, ). |
| Filing 492 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's #489 Letter Motion for a Protective Order and/or Sanctions.(sal, ) (rjb, ). |
| Filing 491 DECLARATION of Sandra S. Fujiyama in Support of #489 Plaintiff's Letter Motion for a Protective Order and/or Sanctions. (sal, ) (rjb, ). |
| Filing 490 SEALED DOCUMENT - EXHIBITS 1 through 18 in support of Plaintiff's Motion #489 for a Protective Order and/or Sanctions. (sal, ) (rjb, ). |
| Filing 489 SEALED DOCUMENT - Confidential Level 1 version or Plaintiff's Letter Motion for a Protective Order and/or Sanctions to preclude HP from seeking, obtaining and using any discovery from third parties IBM and Intel at trial or otherwise submitted to Judge Peebles. (sal, ) Additional attachment(s) added on 12/19/2005 (sal, ). |
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Filing 488
ORDER sealing Confidential Level 1 version of Plaintiff's Motion for a Protective Order and/or Sanctions and Exhibits 1-18 in support thereof. Signed by Judge David E. Peebles on 12/19/05. (sal, )
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Filing 487
ORDER granting #486 Letter Request, telephone conference will be schedule for the week of 12/19/05 to discuss issues raised . Signed by Judge David E. Peebles on 12/8/05. (kcl, )
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| Filing 486 Letter Motion from Arthur A. Wellman, Jr. for Hewlett Packard Company requesting An Extension submitted to Judge Peebles. (Wellman, Arthur) |
| Filing 485 TRANSCRIPT of Telephone Conference Digitally Recorded on November 1, 2005 before Judge David E. Peebles - maintained in Clerk's Office and not available for electronic viewing. (sal, ) (rjb, ). |
| Filing 484 SEALED DOCUMENT - EXHIBITS A through E in support of Letter Motion for a Protective Order by Hewlett Packard Company.. (sal, ) (rjb, ). |
| Filing 483 SEALED DOCUMENT - DECLARATION of Licia Vaughn in support of #482 Letter Motion from HP requesting a Protective Order.(sal, ) (rjb, ). |
| Filing 482 SEALED DOCUMENT - Confidential Level 1 Version of Letter Motion from Sean Cunningham, Esq. on behalf of Hewlett Packard Company requesting a Protective Order w/ respect to Approved Interrogatory No. 5 served by Cornell on 10/14/05 submitted to Judge David E. Peebles.(sal, ) (rjb, ). |
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Filing 481
ORDER sealing Confidential - Level 1 Version of HP's Letter Motion, Declaration of Licia Vaughn, and Exhibits A-E in support. Signed by Judge David E. Peebles on 12/5/05. (sal, )
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| Filing 480 NOTICE of Lodgment of Authority Reported Electronically in support of Hewlett Packard Company's Letter Motion #479 Regarding Protective Order. (sal, ) (rjb, ). |
| Filing 479 Redacted Letter Motion from Sean Cunningham, Esq. on behalf of Hewlett Packard Company requesting a Protective Order w/ respect to Approved Interrogatory No. 5 served by Cornell on 10/14/05 submitted to Judge David E. Peebles. (sal, ) (rjb, ). |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 11/30/2005. Plaintiff's counsel has requested this conference call due to a discovery dispute that has come up. Plaintiff's counsel is seeking leave to file a motion for a protective order regarding the subpoenas that were issued upon Intel & IBM. Parties note that Judge Kevin Duffy in the SDNY has not yet made a decision on the motion for a protective order to preclude HP from pursuing subpoenas issued upon Intel & IBM. Judge Peebles stays the production of documents pursuant to those subpoenas until he has made a ruling on Cornell's motion. HP states that they will send a letter to Intel & IBM, w/ a copy to Cornell, advising that no documents are to be produced until Judge Peebles has made a ruling on this issue. Judge sets a briefing schedule for this particular issue as follows: Plaintiff's brief is due by 12/16/05 (15 page limit exclusive of attachments); Defendant's brief is due by 12/30/05 (15 page limit exclusive of attachments); Reply brief is due by 1/6/06 (5 page limit). A telephone conference or in-person hearing will be scheduled for a ruling on this issue, as well as the other outstanding discovery issues that are before the court, once briefing on all issues have been completed. Judge Peebles notes that the fact discovery deadline is 1/31/06 and this deadline may need to be adjusted depending on the outcome of this discovery issue. APP: Bryan Anderson, Esq., Sandra Fujiyama, Esq., Sean Cunningham, Esq., Stewart Brown, Esq., Licia Vaughn, Esq., & Arthur Wellman, Esq.. (sal, ) |
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Filing 478
ORDER granting #477 Motion for Limited Admission Pro Hac Vice of Arthur Wellman, Jr.; Signed by Judge David E. Peebles on 11/29/05. (kcl, )
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| TEXT NOTICE of Hearing: Per the request of plaintiff's counsel, a Discovery Telephone Conference has been set for 11/30/2005 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel will initiate the call and contact Judge Peebles Chambers at (315) 234-8620. (sal, ) |
| Pro Hac Vice Filing fee for Arthur A. Wellman, Jr.: $ 30.00, receipt number SYR5065. (alh) |
| Filing 477 MOTION for Limited Admission Pro Hac Vice of Arthur A. Wellman, Jr., Esq. by Hewlett Packard Company, Hewlett Packard Company, Hewlett Packard Company.(Brydges, Jerauld) |
| TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 11/22/2005. Atty. Brydges requested a telephone conference w/ Judge Peebles re: some outstanding discovery disputes. Parties agree to exchange privilege logs on 12/5/05. Judge gives defendant permission to file a motion to compel and a protective order by 12/2/05. Plaintiff's response is due by 12/16/05 (15 page limit), and any reply is due by 12/21/05 (not to exceed 5 pages). A telephone conference will be scheduled after this issue has been fully briefed. APP: Bryan Anderson, Esq., Sandra Fujiyama, Esq., Sean Cunningham, Esq., Stewart Brown, Esq., John Allcock, Esq., & Jerauld Brydges, Esq.. (sal, ) |
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Filing 476
ORDER granting motion by Hiscock & Barclay, LLP to withdraw as counsel of record for defendant and counterclaimant Hewlett Packard Company. Signed by Judge David E. Peebles on 11/15/05. (sal, )
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| Filing 475 AFFIDAVIT in support of motion to withdraw as counsel by Robert Barrer Regarding Potential Conflict Involving Thomas Fitzgerald, Esq.. (sal, ) |
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Filing 474
ORDER granting #468 Motion for Extension of Time to Complete Discovery . Signed by Judge David E. Peebles on 11/14/05. (kcl, )
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| Filing 473 AFFIDAVIT of Barry K. Shelton Regarding Potential Conflict Involving Thomas Fitzgerald, Esq. by Hewlett Packard Company. (Shelton, Barry) |
| Filing 472 AFFIDAVIT of James C. Moore, Esq. re: conflict involving T. Fitzgerald, Esq. by Hewlett Packard Company, Hewlett Packard Company, Hewlett Packard Company. (Brydges, Jerauld) Modified on 11/10/2005 (kcl, ). |
| Filing 471 AFFIDAVIT of Sean C. Cunningham Regarding Potential Conflict Involving Thomas FitzGerald, Esq. by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 470 RESPONSE to Motion re #468 MOTION for Extension of Time to Complete Discovery Relating to a Portion of October 11, 2005 Order and Plaintiffs' Approved Discovery Requests filed by Cornell University. (Fujiyama, Sandra) |
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Filing 469
STIPULATION AND ORDER Setting dates for compliance with discovery. Signed by Judge David E. Peebles on 11/9/05. (kcl, )
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| Filing 468 LETTER REQUEST/MOTION for Extension of Time to Complete Discovery Relating to a Portion of October 11, 2005 Order and Plaintiffs' Approved Discovery Requests by Hewlett Packard Company.(Cunningham, Sean) Modified on 11/10/2005 (kcl, ). |
| Filing 467 RESPONSE TO LETTER BRIEF filed by Hewlett Packard Company, Hewlett Packard Company, Hewlett Packard Company as to #466 Letter Request/Motion, filed by Cornell University,, Cornell Research Foundation, Inc.,. (Brydges, Jerauld) |
| Filing 466 Letter Motion from Edward Poplawski for Cornell Research Foundation, Inc., Cornell University requesting that Defendant HP's Unauthorized Reply Memorandum (Dkt. No. 465) be stricken and objecting to Defendant HP's Unauthorized Reply Memorandum submitted to Judge Norman A. Mordue. (Poplawski, Edward) |
| Filing 465 MEMORANDUM OF LAW re #462 Response in Opposition to Motion,, #449 Appeal of Magistrate Judge Decision to District Court,, #453 Memorandum of Law Reply Memorandum in Support of Defendant's Objections to Portions of Magistrate Judge Peebles' September 26, 2005 Order filed by Hewlett Packard Company, Hewlett Packard Company. (Brydges, Jerauld) |
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TEXT SCHEDULING ORDER: Fact Discovery is due by 1/31/2006. Motions to Compel Fact Discovery are due by 2/17/06. Exchange of Initial Expert Reports are due by 3/1/06. Rebuttal Expert Reports are due by 3/31/06. Expert Depositions are to be completed by 4/28/06. Motions to be filed by 5/19/2006. Endorsed by Judge David E. Peebles on 11/2/05. (sal, )
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| TEXT Minute Entry for digitally recorded proceedings held before Judge David E. Peebles Status Telephone Conference held on 11/1/2005. The Hiscock, Barclay Law Firm has requested permission to withdraw as Deft's. counsel due to a conflict that has arisen w/ Thomas Fitzgerald, who recently became a partner to this firm and was former Cornell outside counsel, who may be a potential witness in this case. Atty. Barrer states that the entire file has been shipped to the Harter, Secrest Law Firm and no confidential information has been passed on. Affidavits will be submitted to the court by end of next week from the Harter, Secrest Law Firm, DLA, Piper, Rudnick Law Firm and Fish, Richardson Law Firm stating that no confidential information has been passed. Judge will sign the proposed order that is being submitted by Atty. Barrer ordering the withdraw of Hiscock, Barclay Law Firm as Deft's. counsel conditioned upon the fact that these affidavits are submitted to the court. Parties report that they had a productive meet and confer session. Judge extends deadlines as follows: Fact Discovery - by 1/31/06, Motion to Compel Fact Discovery - by 2/17/06, Exchange of Initial Expert Reports - by 3/1/06, Rebuttal Expert Reports - by 3/31/06, Expert Depositions - by 4/28/05, & Motion Filing Deadline - by 5/19/06. Pltf. expects to have 2 technical experts and a variety of damages experts depending on how HP's defenses develop. Deft. expects to have approx. 4 experts. By the end of the month, Deft. will be able to produce pivot tables. Both sides will be issuing certifications by 11/30/05, which were referenced in Judge Peebles' previous order. Judge does not need to address docket no. 447, since Deft's. request has been withdrawn. A proposed order will be submitted to Judge Peebles by the end of the week from counsel re: court ordered discovery responses that are due by 11/15/05 & court ordered production of documents by both sides to be produced by 11/30/05. No new conference is scheduled. APP: Edward Poplawski, Esq., Bryan Anderson, Esq. and Sandra Fujiyama, Esq. for Pltf. and Sean Cunningham, Esq., Stewart Brown, Esq., John Allcock, Esq., Licia Vaughn, Esq. for Deft., and from the Harter, Secrest Law Firm Jim Moore, Esq. & Jerauld Brydges, Esq. for Deft., as well. TIME: 2:00-3:10 PM. (sal, ) Modified on 11/2/2005 (sal, ). |
| Filing 464 Letter dated 10/20/05 to the Magistrate Judge David E. Peebles from Robert Barrer, Esq. re: the potential conflict w/ former outside counsel Thomas Fitzgerald, who is a potential witness in this matter, and the law firm of Hiscock, Barclay, LLP. This law firm has filed a notice of intent to withdraw as counsel b/c Mr. Fitzgerald has become a partner to this firm on 9/1/05. (Issue to be discussed during the 11/1/05 conference call w/ Judge Peebles). (sal, ) Additional attachment(s) added on 11/2/2005 (sal, ). |
| TEXT NOTICE Denying the #451 Letter Motion from Robert Barrer, Esq. for Hewlett Packard Company requesting Oral Argument on #449 Mag Appeal submitted to Judge Mordue. The Mag Appeal will be taken on submit, unless parties are otherwise notified. (jlm/am) |
| Filing 463 LETTER BRIEF Outlining Suggested Topics for Discussion at November 1, 2005 Status Conference by Hewlett Packard Company. (Cunningham, Sean) |
| Filing 462 Plaintiff's RESPONSE in Opposition to #449 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Hewlett Packard Company, Hewlett Packard Company re #446 Order filed by Cornell Research Foundation, Inc., Cornell University. Documents filed under seal pursuant to Protective Order filed 7/9/2002 (jlm) (rjb, ). |
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Filing 461
STIPULATION AND ORDER Concerning due date for responses to approved Discovery pursuant to the Court's 10/21/04 and 9/26/05 Orders. Signed by Judge David E. Peebles on 10/26/05. (kcl, )
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Filing 460
STIPULATION AND ORDER concerning application for costs pursuant to the COurts 9/26/05 Order. Signed by Judge David E. Peebles on 10/24/05. *served by mail on non elect. party*(kcl, )
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Filing 459
STIPULATION AND ORDER; The deadline for filing any motion for reconsideration of to reargue the 10/11/05 order (docket 488) is continued until 11/11/05. Signed by Judge David E. Peebles on 10/24/05. (kcl, )
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| TEXT NOTICE of Hearing: CRD for Judge Peebles rec'd. a call from Atty. Stewart Brown requesting that the 10/27/05 telephone conference scheduled for 3:00 PM before Judge Peebles be rescheduled. After Atty. Brown confirmed w/ all the parties, the telephone conference has been reset for 11/1/2005 at 2:00 PM before Judge Peebles. Atty. Brown indicated a call-in number will be provided to all the parties shortly.(sal, ) |
| Filing 458 NOTICE by Hewlett Packard Company, Hewlett Packard Company Notice of Intent by Hiscock & Barclay, LLP to Withdraw as Counsel for Hewlett-Packard Company (Barrer, Robert) |
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Filing 457
SEALING ORDER; Seals document #456 Declaration filed by Hewlett Packard Company, . Signed by Judge Norman A. Mordue on 10/13/04. (kcl, ) (rjb, ).
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| Filing 456 SEALED DECLARATION Re: #449 APPEAL OF MAGISTRATE JUDGE DECISION; Attached Exhibits A-F; Document not available for electronic viewing, on file under seal with clerk (kcl, ) (rjb, ). |
| Filing 455 CERTIFICATE OF SERVICE by Hewlett Packard Company re #449 APPEAL OF MAGISTRATE JUDGE DECISION (kcl, ) |
| Filing 454 NOTICE OF LODGMENT OF AUTHORITY by Hewlett Packard Company re #449 APPEAL OF MAGISTRATE JUDGE DECISION; Attached Exhibits A-C(kcl, ) |
| Filing 453 MEMORANDUM OF LAW re support of the #449 Appeal of Magistrate Judge Decision to District Court, filed by Hewlett Packard Company. (kcl, ) |
| Filing 452 INDEX OF RECORD ON APPEAL re: #449 Mag Appeal by Hewlett Packard Company. (kcl, ) |
| Filing 451 Letter Motion from Robert Barrer, Esq. for Hewlett Packard Company requesting Oral Argument on #449 Mag Appeal submitted to Judge Mordue. (kcl, ) |
| Filing 450 NOTICE of Appearance by Jerauld E. Brydges on behalf of Hewlett Packard Company, Hewlett Packard Company, Hewlett Packard Company (Brydges, Jerauld) |
| Filing 449 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Hewlett Packard Company, Hewlett Packard Company re #446 Order Motion Hearing set for 11/16/2005 10:00 AM in Syracuse before Judge Norman A. Mordue. Response to Motion due by 10/31/2005 Reply to Response to Motion due by 11/7/2005. (Barrer, Robert) |
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Filing 448
DECISION AND ORDER; Court issues directive to be complied with within 30 days of entry of this order; Pltfs request for sanctions in the form of a preclusion order is denied; Defendants motion for reconsideration of the courts 12/9/03 order is granted; No costs will be awarded to either party in connection w/ pltfs reconsideration motion. Signed by Judge David E. Peebles on 10/11/05. (kcl, )
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| Filing 447 Letter Motion from Robert A. Barrer for Hewlett Packard Company, Hewlett Packard Company requesting Conference or Briefing Schedule to Resolve Deposition Issue submitted to Judge David E. Peebles. (Barrer, Robert) |
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Filing 446
DISCOVERY ORDER . Signed by Judge David E. Peebles on 9/26/05. (Attachments: #1 Attachment)(kcl, )
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| TEXT MOTION to Compel #335 . Motion Hearing already held on 9/14/2005 10:00 AM before Magistrate Judge David E. Peebles re: this motion. Awaiting written decision.(sal, ) |
| TEXT MOTION to Compel #350 . Motion Hearing already held on 9/14/2005 10:00 AM before Magistrate Judge David E. Peebles re: this motion. Awaiting written decision.(sal, ) |
| TEXT MOTION to Compel #336 . Motion Hearing already held on 9/14/2005 10:00 AM before Magistrate Judge David E. Peebles re: this motion. Awaiting written decision.(sal, ) |
| TEXT MOTION to Compel #340 . Motion Hearing already held on 9/14/2005 10:00 AM before Magistrate Judge David E. Peebles re: this motion. Awaiting written decision.(sal, ) |
| TEXT MOTION to Compel #396 . Motion Hearing already held on 9/14/2005 10:00 AM before Magistrate Judge David E. Peebles re: this motion. Awaiting written decision.(sal, ) |
| TEXT MOTION to Compel #402 . Motion Hearing already held on 9/14/2005 10:00 AM before Magistrate Judge David E. Peebles re: this motion. Awaiting written decision.(sal, ) |
| TEXT NOTICE of Hearing: Status Telephone Conference set for 10/27/2005 at 3:00 PM before Magistrate Judge David E. Peebles. Counsel for the parties are instructed to confer with each other at least one (1) week prior to the date of the conference to confirm their availability, and plaintiff's attorney is directed to make arrangements for initiating the call to counsel for all parties and the court which should be contacted at (315) 234-8620. (sal, ) |
| Minute Entry for digitally recorded proceedings held before Judge David E. Peebles : Motion Hearing held on 9/14/2005 re #369 MOTION for Discovery Sanctions and Contempt filed by Cornell, #385 MOTION to Compel filed by Hewlett Packard Company, and other various discovery disputes that were raised in separate letter briefs. Judge GRANTS IN PART AND DENIES IN PART various discovery disputes. Judge also RESERVES decision on some of the discovery disputes. Judge notes that a written decision will be issued on or before 9/30/05 re: the pending motion for reconsideration. Judge Peebles will submit a proposed order to counsel shortly regarding the various discovery rulings placed on the record today. The parties are permitted to file comments thereafter to this proposed order (2 page limit, unless pemission is granted for additional pages). Parties were advised not to reargue the issues in these submissions. A telephone conference will be scheduled for sometime in October to discuss the current schedule. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., and Sandra Fujiyama, Esq. for Pltfs.. John Allcock, Esq., Stewart Brown, Esq., Robert Barrer, Esq., Shawn Cunningham, Esq. & Licia Vaughn, Esq. for Deft.. Clerk: Shelly Lazzaro. Time: 10:00 - 2:35 PM. (sal, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #333 Transcript. This transcript indicates on the first page that this proceeding was held on Novmeber 16, 2004. However, it was actually held on December 16, 2004. Court Reporter Vicky Theleman has provided the Court w/ a corrected first page of the transcript and the docket text for this entry will be modified to reflect same. (sal, ) |
| Filing 445 CERTIFICATE OF SERVICE by Plaintiffs re #441 Reply to Response to Motion, #442 Exhibits 23-30, #443 Declaration in Support of Motion, #444 Notice of Lodgment of Authority Reported Electronically, & #440 Sealing Order. (sal, ) (rjb, ). |
| Filing 444 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of Plaintiffs' #441 Reply to Response to Motion for Discovery Sanctions and Contempt. (sal, ) (rjb, ). |
| Filing 443 DECLARATION of Sandra S. Fujiyama in Support Plaintiffs's Reply to #369 MOTION for Discovery Sanctions and Contempt. (sal, ) (rjb, ). |
| Filing 442 SEALED DOCUMENT - EXHIBITS 23 through 30 in support of Reply to Plaintiffs' Motion for Discovery Sanctions and Contemp. (sal, ) (rjb, ). |
| Filing 441 SEALED DOCUMENT - REPLY to Response to Motion re #369 MOTION for Discovery Sanctions filed by Plaintiffs. (sal, ) (rjb, ). |
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Filing 440
ORDER sealing Confidential Level 1 version of Plaintiffs' Reply to the Motion for Discovery Sanctions and Contempt, as well as Exhibits 23-30 in support of same. Signed by Judge David E. Peebles on 9/6/05. (sal, )
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Filing 439
ORDER granting #438 Motion for Limited Admission Pro Hac Vice of Sean C. Cunningham . Signed by Judge David E. Peebles on 8/30/05. (kcl, )
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| Filing 437 CERTIFICATE OF SERVICE by Hewlett Packard Company re #432 Order,, #433 Redacted Response in Opposition to Motion, #434 Declaration in Opposition to Motion, #435 Sealed Response in Opposition to Motion, #436 Sealed Exhibits A-EE. (sal, ) (rjb, ). |
| Filing 436 SEALED DOCUMENT - EXHIBITS A through EE filed by Hewlett Packard Company in support of their response in opposition to plaintiffs' #369 motion for discovery sanctions and contempt. (sal, ) (rjb, ). |
| Filing 435 SEALED DOCUMENT - RESPONSE in Opposition re #369 MOTION for Discovery Sanctions & Contempt filed by Hewlett Packard Company. (sal, ) (rjb, ). |
| Filing 434 DECLARATION of Licia E. Vaughn in support of Defendant HP's response in opposition to plaintiffs' #369 MOTION for Discovery Sanctions and Contempt. (sal, ) (rjb, ). |
| Filing 433 REDACTED RESPONSE in Opposition re #369 MOTION for Discovery Sanctions and Contempt filed by Hewlett Packard Company. (sal, ) (rjb, ). |
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Filing 432
ORDER sealing Confidential Level 1 version of HP's response in opposition to Plaintiff's motion for discovery sanctions and contempt, and Exhibits A through EE that are in support of this response. Signed by Judge David E. Peebles on 8/29/05. (sal, ) Additional attachment(s) added on 8/29/2005 (sal, ).
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| Pro Hac Vice Filing fee for Sean C. Cunningham: $ 30.00, receipt number SYR4060 (alh) |
| Filing 438 MOTION for Limited Admission Pro Hac Vice of Sean C. Cunningham by Hewlett Packard Company. Returnable before MJ Peebles (Attachments: #1 Proposed Order)(kcl, ) |
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Filing 431
ORDER granting #430 Motion for Limited Admission Pro Hac Vice of Elizabeth Cuevas, Esq.. Signed by Judge David E. Peebles on 8/22/05. (kcl, )
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Filing 429
STIPULATION AND ORDER. Signed by Judge David E. Peebles on 8/17/05. (kcl, )
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| Filing 428 DECLARATION of Licia Vaughn in support of Defendant HP's #426 opposition to Plaintiffs' Motion to Compel HP to produce & identify all slide sets, proposals & position papers re: the PA-8000 processors. (sal, ) (rjb, ). |
| Filing 427 SEALED DOCUMENT - EXHIBITS A through I in support of #426 HP's response to motion. (sal, ) (rjb, ). |
| Filing 426 SEALED DOCUMENT - RESPONSE TO MOTION filed by HP re: #402 Plaintiffs' Motion to Compel HP to produce & identify all slide set, proposals & position papers re: PA-8000 processors. (sal, ) (rjb, ). |
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Filing 425
ORDER sealing HP's Confidential Level 1 version of its Brief re: Plaintiffs' 7/26/05 ltr. brf. seeking to compel HP to produce and identify all slide sets, proposals, and position papers re: the PA-8000 family of processors and Exhibits A through I in support of same. Signed by Judge David E. Peebles on 8/15/05. (sal, )
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| Filing 424 DECLARATION of Licia Vaughn in support of Defendant HP's #422 response letter brief in opposition of Plaintiffs' letter brief re: HP's privilege log. (sal, ) (rjb, ). |
| Filing 423 SEALED DOCUMENT - EXHIBITS A through G in support of HP's response letter brief in opposition to plaintiffs' #378 letter brief re: HP's privilege log. (sal, ) (rjb, ). |
| Filing 422 SEALED DOCUMENT - RESPONSE TO LETTER BRIEF filed by John Allcock, Esq. on behalf of HP in opposition to Plaintiffs' #378 LETTER BRIEF re: HP's privilege log. (sal, ) (rjb, ). |
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Filing 421
ORDER sealing Confidential Level 1 version of HP's Brief in opposition to Plaintiffs' Letter Brief re: privilege log and Exhibits A through G in support of same. Signed by Judge David E. Peebles on 8/15/05. (sal, ) .
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| Filing 420 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of Defendant's Letter Briefs dated 8/12/05. (sal, ) (rjb, ). |
| Filing 419 DECLARATION of Licia Vaughn in support of Defendant HP's #417 opposition to Plaintiffs' Letter Brief re: pivot tables. (sal, ) (rjb, ). |
| Filing 418 SEALED DOCUMENT - EXHIBITS A through N in support of HP's response letter brief in opposition to plaintiffs' brief re: schematics. (sal, ) (rjb, ). |
| Filing 417 SEALED DOCUMENT - RESPONSE TO LETTER BRIEF filed by John Allcock, Esq. on behalf of HP in opposition to Plaintiffs' #377 Letter Brief re: pivot tables. (sal, ) (rjb, ). |
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Filing 416
ORDER sealing HP's Confidential Level 1 version of its Brief re: pivot tables and Exhibits A through N. Signed by Judge David E. Peebles on 8/15/05. (sal, )
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| Filing 415 DECLARATION of Licia Vaughn in support of Defendant HP's #413 RESPONSE TO LETTER BRIEF re: schematics. (sal, ) (rjb, ). |
| Filing 414 SEALED DOCUMENT - EXHIBITS A through R in support of HP's response letter brief in opposition to plaintiffs' letter brief #396 re: schematics. (sal, ) (rjb, ). |
| Filing 413 SEALED DOCUMENT - RESPONSE TO LETTER BRIEF filed by John Allcock, Esq. on behalf of HP in opposition to #396 LETTER BRIEF filed by Plaintiffs re: schematics. (sal, ) (rjb, ). |
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Filing 412
ORDER sealing HP's Confidential Level 1 version of its Brief re: schematics and Exhibits A-R in support of same. Signed by Judge David E. Peebles on 8/15/05. (sal, )
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| Filing 411 CERTIFICATE OF SERVICE by Plaintiffs re: docket nos. #405 through #410 . (sal, ) (rjb, ). |
| Filing 410 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of Plaintiffs' responses to Defendant HP's letter bried dtd 7/28/05. (sal, ) (rjb, ). |
| Filing 409 DECLARATION of Sandra Fujiyama in support of #407 Plaintiffs responses to Defendant HP's letter brief dtd 7/28/05. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2) (rjb, ). |
| Filing 408 SEALED DOCUMENT - EXHIBITS 7-16 in support of Plaintiffs' responses to Defendant HP's letter brief dtd 7/28/05. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5) (rjb, ). |
| Filing 407 SEALED DOCUMENT - RESPONSE TO LETTER BRIEF filed by Sandra Fujiyama, Esq. on behalf of Plaintiffs as to Defendant HP's #385 LETTER BRIEF dtd 7/28/05. (sal, ) (rjb, ). |
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Filing 406
ORDER sealing Confidential Level 1 version of Plaintiffs' Responses to Defendant HP's Letter Brief dtd 7/28/05 and Exhibits 7-16. Signed by Judge David E. Peebles on 8/15/05. (sal, )
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| Filing 405 Letter dtd 8/12/05 from Sandra S. Fujiyama, Esq. stating that the parties have come to an agreement that HP will make Mr. Chris Christopher available for a deposition. Thus, plaintiffs withdraw their letter brief dtd 7/28/05 re: the motion to compel deposition of Chris Christopher w/out prejudice to renew the motion. (sal, ) |
| Filing 430 MOTION for Limited Admission Pro Hac Vice of Elizabeth Cuevas, Esq. by Robert Barrer, Esq. for deft. Hewlett Packard Company (Attachments: #1 Proposed Order)(kcl, ) |
| Pro Hac Vice Filing fee: $ 30.00, receipt number SYR3863 re: Elizabeth M. Cuevas (dct) |
| TEXT MOTION to Compel Discovery filed by plaintiffs', See: # [390, 396, and 402] Letter Briefs. Motion Hearing set for 9/14/2005 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles.(sal, ) |
| TEXT MOTION to Compel Discovery filed by Stewart Brown, Esq on behalf of the Defendant. See: #385 Letter Brief dated 7/28/05. Motion Hearing set for this issue on 9/14/2005 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles.(sal, ) |
| Filing 404 CERTIFICATE OF SERVICE by Plaintiffs re #401 Order, #402 LETTER BRIEF, #403 Declaration. (sal, ) (rjb, ). |
| Filing 403 SEALED DOCUMENT - DECLARATION of Denise L. McKenzie in support of #402 LETTER BRIEF dated 7/28/05 by Plaintiffs re: motion to compel HP to comply w/ the Court's 10/21/04 Order. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2) (rjb, ). |
| Filing 402 SEALED DOCUMENT - LETTER BRIEF by Plaintiffs dated 7/28/05 re: HP to comply w/ the Court's 10/21/04 Order. (sal, ) (rjb, ). |
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Filing 401
ORDER sealing Confidential Level 1 versions of Plaintiffs' Letter Brief dated 7/28/05 re: HP to comply w/ the Court's 10/21/04 Order ; Declaration of Denise L. McKenzie in support of Plaintiff's Letter Brief dated 7/28/05; and Exhibits 1-10 attached attached thereto. Signed by Judge David E. Peebles on 7/29/05. (sal, )
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| Filing 400 CERTIFICATE OF SERVICE by Plaintiffs' re #395 Order, #396 LETTER BRIEF, #397 Exhibits, and #398 & #399 Declarations. (sal, ) (rjb, ). |
| Filing 399 FIRST DECLARATION of Denise L. McKenzie in support of Plaintiffs' Letter Brief re: Motion to Comply w/ the Court's Order re: schematics. (sal, ) (rjb, ). |
| Filing 398 SEALED DOCUMENT - SECOND DECLARATION of Denise L. McKenzie in support of Plaintiffs' Letter Brief re: Motion to Comply w/ the Court's Order re: schematics. (sal, ) (rjb, ). |
| Filing 397 SEALED DOCUMENT - EXHIBITS 1-33 in support of Plaintiffs' Letter Brief re: Motion to Comply w/ the Court's Order re: schematics. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8) (rjb, ). |
| Filing 396 SEALED DOCUMENT - LETTER BRIEF dated 7/28/05 by Edward Poplawski, Esq. on behalf of Plaintiffs re: Motion to Comply w/ the Court's Order re: schematics. (sal, ) (rjb, ). |
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Filing 395
ORDER sealing Plaintiffs' Letter Brief re: Motion to Comply w/ the Court's Order re: schematics dated 7/28/05; the Second Declaration of Denise L. McKenzie in support Pltfs'. Letter Brief re: schematics; and Exhibits 1-33 in support of Pltfs'. Letter Brief re: schematics. Signed by Judge David E. Peebles on 7/29/05. (sal, )
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| Filing 394 CERTIFICATE OF SERVICE by Plaintiffs re #389 Order, #390 Sealed Letter Brief, #391 Sealed Exhibits, #392 Declaration, and #393 Notice of Lodgment of Authority Reported Electronically. (sal, ) (mnm, ). |
| Filing 393 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of Plaintiffs' #390 LETTER BRIEF regarding motion to compel the deposition of Chris Christopher. (sal, ) (mnm, ). |
| Filing 392 DECLARATION of Sandra S. Fujiyama in support of Plaintiffs' #390 LETTER BRIEF regarding motion to compel the deposition of Chris Christopher. (sal, ) (Additional attachment(s) added on 6/23/2009: #1 Part 2) (mnm, ). |
| Filing 391 SEALED DOCUMENT - EXHIBITS 15-21 by Plaintiffs in support of their letter brief re: deposition of Chris Christopher. (sal, ) (rjb, ). |
| Filing 390 SEALED DOCUMENT - LETTER BRIEF filed by Sandra Fujiyama, Esq. on behalf of Plaintiffs re: HP to produce for deposition Chris Christopher, an HP employee. (sal, ) (rjb, ). |
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Filing 389
ORDER sealing Confidential Level 1 versions of Plaintiffs' Letter Brief re: Motion to Compel the Deposition of Chris Christopher and Exhibits 15-21. Signed by Judge David E. Peebles on 7/29/05. (sal, )
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| Filing 388 SEALED DOCUMENT - EXHIBIT C in support of the Declaration of Licia E. Vaughn in support of the Letter Brief dated 7/28/05 by Hewlett Packard Company. (sal, ) (rjb, ). |
| Filing 387 DECLARATION of Licia E. Vaughn, together w/ exhibits A and B in support of #385 LETTER BRIEF by Hewlett Packard Company. (sal, ) (mnm, ). |
| Filing 386 SEALED DOCUMENT - EXHIBITS A through N in support of HP's letter brief dated 7/28/05 regarding the outstanding discovery dispute. (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2, #2 Part 3, #3 Part 4) (rjb, ). |
| Filing 385 SEALED DOCUMENT - LETTER BRIEF dated 7/28/05 by Stewart Brown, Esq. on behalf of Hewlett Packard Company regarding oustanding discovery dispute. (sal, ) (rjb, ). |
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Filing 384
ORDER sealing HP's Letter Brief dated 7/28/05, HP'S Exhibits A-N in support of their brief, and Exhibit C attached to the Declaration of Licia Vaughn in support of their brief. Signed by Judge David E. Peebles on 7/29/05. (sal, )
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| Filing 383 REDACTED VERSION - LETTER BRIEF dated 7/28/05 by Stewart Brown, Esq. on behalf of Hewlett Packard Company regarding oustanding discovery dispute. (sal, ) (mnm, ). |
| TEXT MOTION to Compel Discovery filed by plaintiffs, See: # [377 and 378] Letter Briefs. Motion Hearing set for 9/14/2005 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. (sal, ) |
| Filing 382 CERTIFICATE OF SERVICE by Plaintiffs' re #377 Sealed LETTER BRIEF, #378 Sealed LETTER BRIEF, #379 Sealed Exhibits 13-22, #380 Notice of Lodgment of Authority Reported Electronically, #381 Declaration. (sal, ) (mnm, ). |
| Filing 381 DECLARATION of Sandra S. Fujiyama in Support of Plaintiff's Letter Briefs #377 , & #378 . (sal, ) (Additional attachment(s) added on 6/23/2009: #1 Part 2) (mnm, ). |
| Filing 380 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of Plaintiff's Letter Briefs dated 7/26/05. (sal, ) (mnm, ). |
| Filing 379 SEALED DOCUMENT - EXHIBITS 13-22 in support of Letter Briefs dated 7/26/05 by Cornell Research Foundation, Inc... (sal, ) (Additional attachment(s) added on 6/15/2018: #1 Part 2) (rjb, ). |
| Filing 378 SEALED DOCUMENT - LETTER BRIEF by plaintiffs' who are moving to compel documents listed on HP's privilege log on the ground that HP has waived any claim of privilege to such documents. (sal, ) (rjb, ). |
| Filing 377 SEALED DOCUMENT - LETTER BRIEF dated 7/16/05 re: electronic spreadsheets, or pivot tables, which contain industry market data for server & workstation sales by Cornell Research Foundation, Inc.. (sal, ) (rjb, ). |
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Filing 376
ORDER to SEAL Confidential Level 1 versions of Plaintiff's Letter Briefs dated 7/26/05 and Exhibits 13-22. Signed by Judge David E. Peebles on 7/27/05. (sal, )
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| Filing 375 CERTIFICATE OF SERVICE by Cornell Research Foundation, Inc. re: #369 Motion for Discovery Sanctions, #370 Declaration, #371 Sealing Order, #372 Sealed Memorandum of Law, #373 Sealed Exhibits 17-22 in Support of Motion and #374 Notice of Lodgment of Authority Reported Electronically. (sal, ) (mnm, ). |
| Filing 374 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in Support of Plaintiff's #369 MOTION for Discovery Sanctions & Contempt pursuant to the Court's 7/25/05 Order by Cornell Research Foundation, Inc.. (sal, ) (mnm, ). (rjb, ). |
| Filing 373 SEALED DOCUMENT - Exhibits 17-22 in Support of Plaintiff's #369 MOTION for Discovery Sanctions and Contempt pursuant to the Court's 7/25/05 Order filed by Cornell Research Foundation, Inc.. (sal, ) (rjb, ). |
| Filing 372 SEALED DOCUMENT - MEMORANDUM OF LAW in support of #369 Motion for Dicovery Sanctions and Contempt Pursuant to the Court's 7/25/05 Order, filed by Cornell Research Foundation, Inc.. (sal, ) (rjb, ). |
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Filing 371
ORDER to Seal Confidential Level 1 version of Plaintiff's Memorandum in Support of their Motion for Discovery Sanctions and Contempt pursuant to the Court's 7/25/05 Order and Exhibits 17-22. Signed by Judge David E. Peebles on 7/27/05. (sal, )
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| Filing 370 DECLARATION of Sandra S. Fujiyama in Support of Plaintiff's Memorandum in Support of their #369 MOTION for Discovery Sanctions filed by Cornell Research Foundation, Inc.. (sal, ) (mnm, ). |
| Filing 369 MOTION for Discovery Sanctions and Contempt Pursuant to the Court's July 25, 2005 Order by Cornell Research Foundation, Inc. Motion Hearing set for 9/14/2005 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Response to Motion due by 8/29/2005; Reply to Response to Motion due by 9/6/2005. (sal, ) (rjb, ). |
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Filing 368
LETTER/REQUEST AND ORDER; Letter addressed to Mj Peebles from atty Poplawski; Pltfs are granted permission to file a motion for contempt/sanctions . Signed by Judge David E. Peebles on 7/25/05. (kcl, ) Additional attachment(s) added on 7/27/2005 (sal, ).
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| Filing 367 SEALED DOCUMENT- Letter from Edward G. Poplawski for Cornell Research Foundation, Inc., Cornell University requesting Order to Comply submitted to Judge Magistrate Judge David E. Peebles. (Poplawski, Edward) Additional attachment(s) added on 7/22/2005 (sal, ). |
| Filing 366 NOTICE by Hewlett Packard Company, Hewlett Packard Company re #234 Statement of Material Facts, #235 Notice (Other), #232 MOTION for Partial Summary Judgment, #233 Memorandum of Law Withdrawing Motion Without Prejudice (Barrer, Robert) |
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TEXT SCHEDULING ORDER: Close of Fact Discovery is due by 11/30/2005. Applications to Compel Fact Discovery are due by 12/16/05. Initial Expert Reports are due by 1/13/06. Rebuttal Expert Reports are due by 2/3/06. Completion of Expert Depositions are due by 3/10/06. Applications to Compel Regarding Experts are due by 3/24/06. Motions to be filed are due by 3/24/2006. Endorsed by Judge David E. Peebles on 7/21/05. (sal, )
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| TEXT Minute Entry for proceedings held before Judge David E. Peebles : In-Person Status Conference held on 7/19/2005. Parties discuss various discovery disputes that are outstanding. Briefing schedule is set regarding these outstanding discovery issues. Both sides are to submit their letter briefs to the court on or before 7/28/05 (5 page limit per issue - however, Cornell has permission to submit a 10 pg. brief on schematic issues). Responses to these letter briefs are due on or before 8/12/05 (same page limits apply as noted above). New schedule is put in place: the close of fact discovery is 11/30/05; applications to compel fact discovery are due by 12/16/05; initial expert reports are due by 1/13/06; rebuttal expert reports are due by 2/3/06; deadline for completion of expert depositions is 3/10/06; applications to compel re: experts are due by 3/24/06; and motion filing deadline is 3/24/06. HP has agreed to withdraw, w/out prejudice, their motion for partial summary judgment and will refile this motion on or before 2/3/06. Cornell will have until 3/24/06 to file any opposition papers to this motion. APP: Edward Poplawski, Esq., Bryan Anderson, Esq., Valerie Cross, Esq., Robert Barrer, Esq. & Stewart Brown, Esq.. (sal, ) |
| NOTICE of Hearing: Due to the most recent letter submitted to the court by Edward Poplawski, Esq., an IN-PERSON Pretrial Conference has been set for 7/19/2005 at 10:00 AM in Syracuse, 10th Floor of the Federal Building, before Magistrate Judge David E. Peebles. CRD has confirmed w/ parties of the time and date for this conference. (sal, ) |
| Filing 365 Letter dated 6/14/05 from Edward Poplawski, Esq. requesting Judge Peebles to hold a pretrial conference to assist the parties in moving this matter to trial in a timely manner by resetting the schedule for completion of discovery and a trial ready date. (sal, ). |
| Filing 364 NOTICE of Appearance by Robert A. Barrer on behalf of Hewlett Packard Company, Hewlett Packard Company (Barrer, Robert) |
| Filing 363 Letter from Robert A. Barrer for Hewlett Packard Company, Hewlett Packard Company requesting Correction of Address of Co-Counsel on Court Docket. (Barrer, Robert) |
| Filing 362 Plaintiff's renewed objections and motion to strike from Sandra Fujiyama, Esq. in view of the additional declarations and arguments relied on and cited to by HP as part of its 3/16/05 Post-Evidentiary Hearing Reply Letter Brief. (sal, ) (mnm, ). |
| Per Judge Peebles, NO FURTHER SUBMISSIONS WILL BE PERMITTED TO BE FILED BY THE PARTIES regarding the outstanding issues that are currently being reviewed by Judge Peebles. A written decision will be forthcoming regarding these issues, but, UNTIL THAT TIME, the parties are to refrain from submitting any further documentation regarding same. (sal, ) |
| Filing 361 SEALED DOCUMENT - EXHIBITS A through H in support of HP's Reply Letter Brief by Hewlett Packard Company. (sal, ) (rjb, ). |
| Filing 360 SEALED DOCUMENT - Confidential - Level 1 version of 3/16/05 REPLY LETTER BRIEF by Hewlett Packard Company. (sal, ) (rjb, ). |
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Filing 359
SEALING ORDER to seal HP's Reply to Plaintiff's Brief regarding the 12/16/04 Evidentiary Hearing, along w/ Tabs 1 through 3, and HP's Exhibits A through H in support of HP's Reply. Signed by Judge David E. Peebles on 3/18/05. (sal, ) (rjb, ).
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| Filing 358 SECOND DECLARATION of Licia Vaughn in support of defendant HP's Reply #357 Letter Brief regarding the 12/16/04 Evidentiary Hearing. (sal, ) (rjb, ). |
| Filing 357 REDACTED VERSION of 3/16/05 REPLY LETTER BRIEF by Hewlett Packard Company. (sal, ) (Additional attachment(s) added on 6/23/2009: #1 Part 2) (mnm, ). |
| Filing 356 SEALED DOCUMENT - DECLARATION of Sandra Fujiyama in support of Plaintiffs' 3/16/05 Briefs and Motions. (sal, ) (rjb, ). |
| Filing 355 SEALED DOCUMENT - PLAINTIFFS' RESPONSE to HP's Objections to Exhibits N and O #350 and REQUEST for an Award of Sanctions against HP. (sal, ) (rjb, ). |
| Filing 354 SEALED DOCUMENT - Plaintiffs' OBJECTIONS & MOTION TO STRIKE STATEMENTS and Declaration submitted in support of HP's 3/7/05 Post-Evidentiary Hearing Letter Brief. (sal, ) (rjb, ). |
| Filing 353 SEALED DOCUMENT - Plaintiffs' 3/16/05 Post-Evidentiary Reply Brief. (sal, ) (rjb, ). |
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Filing 352
SEALING ORDER to seal Plaintiffs' 3/16/05 Post-Evidentiary Hearing Reply Letter Brief, Plaintiffs' Objections to and Motion to Strike Statements and Declarations submitted by HP in support of its 3/7/05 Post-Evidentiary Letter Brief, Plaintiffs' Response to HP's Objections to Exhibits N and O and Request for an Award of Sanctions against HP, Declaration of Sandra Fujiyama in support of Plaintiffs' 3/16/05 Briefs and Motions, w/ Tabs D-J and Exh. 1-12, and Plaintiffs' 3/7/05 Post-Evidentiary Hearing Brief. Signed by Judge David E. Peebles on 3/17/05. (sal, ) (rjb, ).
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| Filing 351 Letter dated 3/9/05 from Robert Barrer, Esq. directing the Court to seal the document sent to the Court entitled "Defendant Hewlett-Packard Company's Objections to Plaintiff's Evidentiary Hearing Exhibits N and O." (This document has been sealed by the Court - see docket no. 350). (sal, ) (mnm, ). |
| Filing 350 SEALED DOCUMENT - Defendant Hewlett Packard Company's OBJECTIONS to Plaintiffs Evidentiary Hearing Exhibits N and O. (sal, ) (rjb, ). |
| Filing 349 SEALED DOCUMENT - EXHIBITS A through L submitted in support of HP's letter brief dated 3/7/05 by Hewlett Packard Company. (sal, ) (rjb, ). |
| Filing 348 SEALED DOCUMENT - UNREDACTED LETTER BRIEF dated 3/7/05 by Hewlett Packard Company in support of its Motion for Reconsideration as to the undue burden imposed by the Court's Order to provide more detailed server and workstation financial information. (sal, ) (rjb, ). |
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Filing 347
SEALING ORDER to Seal Defendant Hewlett Packard Co. Confidential-Level 1 version of its letter brief in support of HP's Brief regarding the 12/16/04 Evidentiary Hearing and Exhibits A-L submitted in support of HP's brief. HP's Objections to Plaintiff's Evidentiary Hearing Exhibits N and O are also to be sealed. Signed by Judge David E. Peebles on 3/17/05. (sal, ) (rjb, ).
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| Filing 346 REDACTED VERSION - LETTER BRIEF dated 3/7/05 by Hewlett Packard Company in support of its Motion for Reconsideration as to the undue burden imposed by the Court's Order to provide more detailed server and workstation financial information. (sal, ) (mnm, ). |
| Filing 345 DECLARATION of Licia E. Vaughn in support of Defendant Hewlett Packard Company's Brief Regarding the 12/16/04 Evidentiary Hearing (exhibits A-H attached). (sal, ) (mnm, ). |
| Filing 344 SEALED DOCUMENT - LETTER BRIEF dated 3/7/05 by Sandra Fujiyama, Esq. for Cornell Research Foundation, Inc. and Cornell University regarding HP's withholdings of financial information and documents. (sal, ) (rjb, ). |
| Filing 343 SEALED DOCUMENT received by the Court on 2/3/05 - Certificate of Compliance w/ the Court's 10/12/04 & 10/21/04 discovery ruling and order and identification of unresolved issues between the parties by Robert Barrer, Esq. for Hewlett Packard Company.(sal, ) (rjb, ). |
| Filing 342 SEALED DOCUMENT - Courtesy Copy of HP's Fourteenth Supplemental OBJECTIONS and ANSWERS to Cornell Research Foundation, Inc.'s First Set of Interrogatories (nos. 5-7)by Robert Barrer, Esq. for Hewlett Packard Company received by the Court on 2/2/05.(sal, ) Modified on 12/28/2005 per Judge Peebles - this document should have been filed under seal even though the parties never requested it to be (sal, ). (rjb, ). |
| Filing 341 SEALED DOCUMENT - RESPONSE IN OPPOSITION dated 1/28/05 to defendant's proposed Interrogatory by Sandra Fujiyama, Esq. for Cornell University and Cornell Research Foundation, Inc..(sal, ) (rjb, ). |
| Filing 340 PROPOSED ADDITIONAL INTERROGATORY by Robert Barrer, Esq. for Hewlett Packard Company received by the Court on 1/27/05 in accordance w/ the Court's request.(sal, ) (mnm, ). |
| Filing 339 SEALED DOCUMENT - Courtesy Copy of HP's Thirteenth Supplemental OBJECTIONS and ANSWERS to Cornell Research Foundation, Inc.'s First Set of Interrogatories (nos. 1,4,5-6, and 8-12)from Robert Barrer, Esq.(sal, ) Modified on 12/28/2005 per Judge Peebles - this document should have been filed under seal even though it was not requested by the parties (sal, ). (rjb, ). |
| Filing 338 REPLY dated 11/17/04 from Edward Poplawski, Esq. by Plaintiffs Cornell University and Cornell Research Foundation, Inc. in opposition to defendant's response to plaintiffs' proposed discovery requests. (sal, ) (mnm, ). (Additional attachment(s) added on 6/23/2009: #1 attach) (mnm, ). |
| Filing 337 RESPONSE dated 11/11/04 in opposition to Plaintiffs' Proposed Discovery Requests from Robert Barrer, Esq. by Hewlett Packard Company.(sal, ) (mnm, ). (Additional attachment(s) added on 6/23/2009: #1 attach) (mnm, ). |
| Filing 336 PROPOSED DISCOVERY REQUESTS dated 11/6/04 by Plaintiffs Cornell University and Cornell Research Foundation, Inc. in accordance w/ the Order dated 10/21/04.(sal, ) (mnm, ). |
| Filing 335 PROPOSED DISCOVERY REQUESTS dated 11/5/04 by defendant Hewlett Packard Company in accordance w/ the provisions of the Order dated 10/21/04.(sal, ) (mnm, ). |
| Filing 334 NOTICE dated 10/22/04 by Hewlett Packard Company, Defendant's List of Proposed Certifications for Plaintiffs Cornell University and Cornell Research Foundation, Inc. to respond to and clarify (sal, ) (mnm, ). |
| Judge Peebles received binder of attorney-client and work product privileged H. Walter Haessler documents on 11/20/04 for "in camera" review by Sandra Fujiyama, Esq. pursuant to the Order dated 10/21/04. Documents will be returned to Atty. Fujiyama once the "in camera" inspection is complete. (sal, ) |
| Proposed Order on HP's Motion for Reconsideration & Plaintiffs' Motion to Compel Compliance and Request for Sanctions, including preclusion order and order striking affirmative defense and part of counterclaim of HP, submitted to the Court for review. (sal, ) |
| Filing 333 SEALED TRANSCRIPT of Proceedings held on 12/16/04 before Judge Peebles. Court Reporter: V. Theleman. (sfp, ) Modified on 9/12/2005 (sal, ). (rjb, ). |
| Filing 332 NOTICE of Appearance by Robert A. Barrer on behalf of Hewlett Packard Company, Hewlett Packard Company (Barrer, Robert) |
| All deadlines are STAYED in this matter per Judge Peebles until he has rendered a decision on the issues raised in the evidentiary hearing that was previously held. An order on these issues will be forthcoming and it will include a date and time for a telephone conference w/ the parties to discuss a new schedule. (sal, ) |
| Filing 331 SEALED Minute Entry for proceedings held before Judge David E. Peebles : Evidentiary Hearing held on 12/16/2004. This is a sealed proceeding and Judge orders the transcript of this proceeding sealed. (Court Reporter Vicky Theleman)(sal, ) (rjb, ). |
| Filing 330 TRANSCRIPT of in court Proceedings held on 10/12/04 before Judge Peebles. (kcl, ) (rjb, ). |
| Filing 329 TRANSCRIPT of in court Proceedings held on 9/28/04 before Judge Peebles. (kcl, ) (rjb, ). |
| Filing 328 TEXT NOTICE of Hearing: An Evidentiary Hearing has been set for 12/16/2004 at 9:00 AM in Syracuse before Magistrate Judge David E. Peebles. The conference will be conducted in-person on the 10th Floor of the U.S. Courthouse, 100 South Clinton Street, Syracuse, New York. (sal, ) |
| Filing 327 NOTICE by Cornell Research Foundation, Inc., Cornell University Plaintiffs List of Proposed Certifications for HP (Fujiyama, Sandra) |
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Filing 326
ORDER; Granting in part and denying in part various discovery issues raised by parties; Court also makes orders on certain motions filed: Decision reserved re: #200 Motion for Reconsideration, denying #200 Motion as it refers to request for Stay; granting in part and denying in part #244 Motion to Compel, granting in part and denying in part #247 Motion to Compel . Signed by Judge David E. Peebles on 10/21/04. (kcl, )
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| Filing 325 Minute Entry for proceedings held before Judge David E. Peebles : Digitally recorded Telephone Conference re: pending motions before MJ Peebles; Orders to be issued shortly; hearing held on 10/12/2004. (Tape or CD #2004-118) (kcl, ) |
| TEXT NOTICE of Hearing: Telephone Conference set for 10/12/2004 at 2:00 PM before Magistrate Judge David E. Peebles. Counsel for the parties are instructed to confer with each other at least one (1) week prior to the date of the conference to confirm their availability, and defendant's attorney is directed to make arrangements for initiating the call to counsel for all parties and the court which should be contacted at (315) 234-8620.(sal, ) |
| Filing 324 Minute Entry for proceedings held before Judge David E. Peebles : Motion Hearing held on 9/28/2004. Judge states there are 6 matters to discuss today: defendant's motion for reconsideration, plaintiff's motion to compel discovery, defendant's motion to compel discovery, defendant's request for a protective order to preclude excessive depositions, letter briefs concerning depositions and letter briefs concerning discovery responses. Judge reserves decision on all issues argued today. Judge schedules a telephone conference for 10/12/04 at 2:00 p.m.. HP is to initiate the call to Chambers. A ruling will be given on this date as the outstanding motions argued today and will be digitally recorded. Judge will also address the schedule at this next conference. Judge advises parties to hold everything in abeyance w/ regards to the pending summary judgment motion until the outstanding issues are decided on 10/12/04. (CD #2004-112) (sal, ) |
| Filing 323 CERTIFICATE OF SERVICE by Hewlett Packard Company re #320 Sealing Order, #321 Sealed Reply TO LETTER BRIEF, #322 Sealed Exhibits, #319 Redacted Reply TO LETTER BRIEF (sal, ) (mnm, ). |
| Filing 322 SEALED DOCUMENT - EXHIBITS 26-32 filed by Defendant Hewlett Packard Company in support of Reply Letter Brief. (sal, ) (rjb, ). |
| Filing 321 SEALED DOCUMENT - DEFENDANT'S REPLY to #268 Defendant's Redacted Letter Brief and #270 Sealed Letter Brief. (sal, ) (rjb, ). |
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Filing 320
ORDER sealing Defendant Hewlett Packard Company's Reply Letter Brief to Defendant's Letter Brief dated 8/27/04 and Defendant's Exhibits 26-32 in support of. Signed by Judge David E. Peebles on 9/23/04. (sal, ) (rjb, ).
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| Filing 319 DEFENDANT'S REPLY LETTER BRIEF (REDACTED VERSION) to #268 Redacted Letter Brief filed by Hewlett Packard Company and #270 Sealed Letter Brief. (sal, ) (mnm, ). |
| Filing 318 CORRECTED CERTIFICATE OF SERVICE by Hewlett Packard Company re #316 Sealed Exhibits, #311 Redacted Reply to Response to Motion, #312 Declaration, #313 Notice of Lodgment, #314 Sealing Order, #315 Sealed Reply to Response to Motion (sal, ) (mnm, ). |
| Filing 317 CERTIFICATE OF SERVICE by Hewlett Packard Company re #316 Sealed Exhibits, #311 Redacted Reply to Response to Motion, #312 Declaration, #313 Notice of Lodgment, #314 Sealing Order, #315 Sealed Reply to Response to Motion (sal, ) (mnm, ). |
| Filing 316 SEALED DOCUMENT - EXHIBITS A-D submitted by Defendant Hewlett Packard Company in support of Defendant's Motion to Compel and Reply. (sal, ) (rjb, ). |
| Filing 315 SEALED DOCUMENT - DEFENDANT HEWLETT-PACKARD COMPANY'S REPLY to Response to #244 Defendant's Motion to Compel. (sal, ) (rjb, ). |
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Filing 314
ORDER sealing Defendant Hewlett Packard Company's Reply to Response to Defendant's Motion to COmpel and Defendant's Exhibits A through D in support of Defendant's Motion and Reply. Signed by Judge David E. Peebles on 9/23/04. (sal, ) (rjb, ).
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| Filing 313 NOTICE of Lodgment of Authority Reported Electronically in support of Defendant Hewlett Packard Company's #311 Reply to Response to Motion (sal, ) (Additional attachment(s) added on 6/23/2009: #1 Part 2) (mnm, ). |
| Filing 312 SECOND DECLARATION OF LICIA VAUGHN in support of Defendant's Reply to Response to Motion re #244 Defendant's MOTION to Compel. (sal, ) (mnm, ). |
| Filing 311 DEFENDANT HEWLETT-PACKARD COMPANY'S REPLY (REDACTED VERSION)to Response to Motion re #244 Defendant's Motion to Compel.(sal, ) (mnm, ). |
| Filing 310 CERTIFICATE OF SERVICE by Plaintiff re #304 Sealed Exhibits, #305 Declaration in Support of Reply, #306 Sealing Order, #307 Sealed Reply Memorandum, #302 Sealing Order, #308 Sealed Exhibits, #309 Declaration in Support of Reply Memorandum, #303 Reply to Response to Motion (sal, ) (mnm, ). |
| Filing 309 DECLARATION of Sandra Fujiyama in Support Plaintiff's Reply Memorandum in support of Plaintiff's Motion to Compel. (sal, ) (Additional attachment(s) added on 6/23/2009: #1 Part 2, #2 Part 3) (mnm, ). |
| Filing 308 SEALED DOCUMENT - EXHIBITS 46-49, 50-53, 57 and 64 in support of plaintiff's reply to plaintiff's motion to compel. (sal, ) (rjb, ). |
| Filing 307 SEALED DOCUMENT - REPLY MEMORANDUM in support of #247 Plaintiff's Motion to Compel. (sal, ) (rjb, ). |
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Filing 306
ORDER sealing plaintiff's reply memorandum in support of plaintiff's motion to compel and exhibits 46-49, 50-53, 57 and 64. Signed by Judge David E. Peebles on 9/23/04. (sal, ) (rjb, ).
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| Filing 305 DECLARATION of Sandra Fujiyama in Support of #247 Plaintiff's Reply regarding Plaintiff's MOTION to Compel. (sal, ) (Additional attachment(s) added on 6/23/2009: #1 Part 2) (mnm, ). |
| Filing 304 SEALED DOCUMENT - EXHIBITS 82-84 by Plaintiff in support of reply to response to motion to compel. (sal, ) (rjb, ). |
| Filing 303 SEALED DOCUMENT - REPLY to Response to Motion re #247 MOTION to Compel filed by Plaintiff. (sal, ) (rjb, ). |
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Filing 302
ORDER to seal plaintiff's reply to defendant's opposition to plaintiff's motion to compel and exhibits 82-84 of the declaration of Sandra Fujiyama. Signed by Judge David E. Peebles on 9/23/04. (sal, ) (rjb, ).
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| Filing 301 SEALED DOCUMENT - Defendant's Exhibits A-L in support of defendant's response to plaintiff's August 27, 2004 letter brief. (sal, ). (rjb, ). |
| Filing 300 SEALED DOCUMENT - (unredacted) DEFENDANT'S RESPONSE IN OPPOSITION to #256 Plaintiff's Letter Brief. (rjb, ). |
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Filing 299
ORDER sealing defendant's (unredacted) response to plaintiff's August 27, 2004 letter brief and Exhibits A through L in support of this. Signed by Judge David E. Peebles on 9/15/04. (sal, ). (rjb, ).
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| Filing 298 SEALED DOCUMENT - Defendant's exhibits A-M in support of response in opposition to plaintiff's motion to compel. (rjb, ). |
| Filing 297 SEALED DOCUMENT - (unredacted) Defendant's Response in Opposition to #247 Plaintiff's Motion to Compel. (rjb, ). |
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Filing 296
ORDER sealing defendant's response in opposition to plaintiff's motion to compel and defendant's exhibits A-M in support of their opposition to the motion. Signed by Judge David E. Peebles on 9/15/04. (rjb, ).
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| Filing 295 DECLARATION OF LICIA VAUGHN in Opposition to #247 Plaintiff's Motion to Compel (mnm, ). |
| Filing 294 DECLARATION OF BARRY SHELTON in Opposition to #247 Plaintiff's Motion to Compel (mnm, ). |
| Filing 293 DEFENDANT'S RESPONSE IN OPPOSITION to #247 Plaintiff's MOTION to Compel (mnm, ). |
| Filing 292 DECLARATION OF DAVID M. LASPALUTO in support of Defendant Hewlett Packard Company's opposition to plaintiff's #256 letter brief. (mnm, ). |
| Filing 291 REDACTED LETTER BRIEF filed by Hewlett Packard Company in response to #256 Plaintiff's letter brief. (mnm, ). |
| Filing 290 CERTIFICATE OF SERVICE by Hewlett Packard Company re #287 Sealing Order, #288 Sealed Letter Request, #289 Sealed Exhibits, #284 Redacted Letter Request, #285 Declaration, #286 Notice of Lodgment (mnm, ). |
| Filing 289 SEALED DOCUMENT - DEFENDANT'S EXHIBITS L through S submitted in support of letter request for a protective order. (rjb, ). |
| Filing 288 SEALED DOCUMENT - (unredacted) Letter from Defendant's requesting a protective order to preclude excessive depositions. (rjb, ). |
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Filing 287
ORDER sealing Defendant's Letter request for a protective order to preclude excessive depositions and exhibits L through S in support of this request. Signed by Judge David E. Peebles on 9/15/04. (rjb, ).
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| Filing 286 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of defendant's discovery letter brief requesting a protective order (mnm, ). |
| Filing 285 DECLARATION OF STEWART BROWN in support of #284 Letter Request for a Protective Order to Preclude Excessive Depositions. (mnm, ). |
| Filing 284 REDACTED Letter from Defendant's requesting a Protective Order to Preclude Excessive Depositions. (mnm, ). |
| Filing 283 CERTIFICATE OF SERVICE by Plaintiff re #281 Declaration, #282 Notice of Lodgment, #278 Sealing Order, #279 Sealed LETTER BRIEF, #280 Sealed Exhibits (mnm, ). |
| Filing 282 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of plaintiff's letter brief regarding depositions. (mnm, ). |
| Filing 281 DECLARATION OF SANDRA FUJIYAMA in support of plaintiff's letter brief regarding depositions. (mnm, ). |
| Filing 280 SEALED DOCUMENT - PLAINTIFF'S EXHIBITS 4, 17, 18, 19, 20, 21, and 23 regarding depositions. (Additional attachment(s) added on 6/12/2018: #1 , #2 , #3 , #4 ) (rjb, ). (Additional attachment(s) added on 6/12/2018: #5 ) (rjb, ). |
| Filing 279 SEALED DOCUMENT - Plaintiff's letter brief dated 8/27/04 regarding depositions. (rjb, ). |
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Filing 278
ORDER sealing plaintiff's letter brief regarding depositions and Plaintiff's Exhibits 4, 17, 18, 19, 20, 21, and 23. Signed by Judge David E. Peebles on 9/15/04. (mnm, ).
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| Filing 277 CERTIFICATE OF SERVICE by Plaintiff's re #275 Notice of Lodgement, #276 Declaration in Support of Motion, #272 Sealed response to defendant's letter brief, #273 Sealed Exhibits, #274 Sealing Order |
| Filing 276 DECLARTAION OF SANDRA FUJIYAMA in Support of Plaintiff's Opposition to Defendnat's Letter Brief regarding Discovery Responses. (Additional attachment(s) added on 6/23/2009: #1 Part 2, #2 Part 3) (mnm, ). |
| Filing 275 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of plaintiff's opposition to defendant's letter brief regarding discovery responses. (mnm, ). |
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Filing 274
ORDER sealing #272 Plaintiff's response to defendant's letter brief and #273 Plaintiff's Exhibits 13 & 14 in support of response to defendant's letter brief. Signed by Judge David E. Peebles on 9/15/04. (rjb, ).
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| Filing 273 SEALED DOCUMENT - Plaintiff's Exhibits 13 and 14 in support of response in opposition to defendant's letter brief. (rjb, ). |
| Filing 272 SEALED DOCUMENT- Plaintiff's Response in Opposition to Defendant's Letter Brief. (rjb, ). |
| Filing 271 SEALED DOCUMENT - EXHIBITS 1-25 submitted by Hewlett Packard Company in support of Defendant's Letter Brief. (rjb, ). |
| Filing 270 SEALED DOCUMENT - DEFENDANT'S LETTER BRIEF (unredacted) re: discovery. (rjb, ). |
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Filing 269
ORDER sealing defendant's letter brief and exhibits (1-25) in support of defendant's letter brief. Signed by Judge David E. Peebles on 9/15/04. (mnm, ).
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| Filing 268 REDACTED LETTER BRIEF submitted by Defendant re: discovery. (Peebles, David) Modified on 9/15/2004 (mnm, ). |
| Filing 267 CERTIFICATE OF SERVICE by Plaintiff's re #263 Declaration in Opposition to Motion, #264 Sealing Order, #265 Sealed Memorandum of Law, #266 Sealed Declaration in Opposition to Motion, #261 Response in Opposition to Motion, #262 Notice of Lodgment (mnm, ). |
| Filing 266 SEALED DOCUMENT - Declaration of Sandra Fujiyama (exhibits 1-3,9, and 15) in Opposition to #244 Defendant's Motion to Compel. (rjb, ). |
| Filing 265 SEALED DOCUMENT - PLAINTIFF'S MEMORANDUM OF LAW in opposition to defendant's motion to compel (rjb, ). |
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Filing 264
ORDER sealing plaintiff's memorandum of law in opposition to defendant's motion to compel and declaration of Sandra Fujiyama (exhibits 1-3, 9, and 15). Signed by Judge David E. Peebles on 9/15/04. (rjb, ).
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| Filing 263 DECLARATION OF SANDRA FUJIYAMA in Support of Plaintiff's Opposition to Defendant's #244 Motion to Compel. (mnm, ). |
| Filing 262 NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY in support of plaintiff's opposition to defendant's #244 motion to Compel (mnm, ). |
| Filing 261 PLAINTIFF'S RESPONSE in Opposition to #244 Defendants' Motion to Compel Production for Privileged and Work Product Materials. (mnm, ). |
| Filing 260 CERTIFICATE OF SERVICE by Plaintiff re #259 Declaration in Support of Motion, #256 LETTER BRIEF, #257 Sealed Declaration in Support of Motion, #258 Sealing Order (mnm, ). |
| Filing 259 SEALED DOCUMENT - DECLARATION OF SANDRA FUJIYAMA (exhibits 3-5, 10-18, 22-25, 28-29, 32-36, 38-43, 48-58, and 60) in Support of #247 MOTION to Compel (rjb, ). |
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Filing 258
ORDER sealing #247 Plaintiff's Motion to Compel and Exhibits 3-5, 10-18, 22-25, 28-29, 32-36, 38-43, 48-58, and 60 of the #257 Declaration of Sandra Fujiyama. Signed by Judge David E. Peebles on 9/15/04. (rjb, ).
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| Filing 257 DECLARATION OF SANDRA FUJIYAMA in Support of #247 Plaintiff's Motion to Compel (Additional attachment(s) added on 6/17/2009: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7) (mnm, ). |
| Filing 256 PLAINTIFF' LETTER BRIEF dated August 27, 2004 regarding plaintiff's motion to compel. (rjb, ). |
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Filing 255
ORDER sealing plaintiff's #248 Memorandum of Law, and #249 Declaration of Sandra Fujiyama. Signed by Judge David E. Peebles on 9/15/04. (rjb, ).
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| Filing 254 CERTIFICATE OF SERVICE by Plaintiff re #247 MOTION to Compel, #248 Memorandum of Law, #249 Declarations in Support of Motion, #250 , #251 , #252 , #253 Notice of Lodgment (sal) (rjb, ). |
| Filing 253 PLAINTIFF'S NOTICE OF LODGMENT OF AUTHORITY REPORTED ELECTRONICALLY re #247 Plaintiff's Motion to Compel Defendant to Comply w/ Discovery Order & Impose Monetary Sanctions. (Document is on file in the Clerk's Office). (rjb, ). |
| Filing 252 REDACTED DECLARATION OF EDWARD POPLAWSKI in Support of #247 Plaintiff's Motion to Compel Defendant to Comply w/ Court's Discovery Order and Impose Monetary Sanctions. (Document is on file in the Clerk's Office). (rjb, ). |
| Filing 251 REDACTED DECLARATION OF DENISE MCKENZIE(exhibits 23-35) in Support of #247 Plaintiff's Motion to Compel Defendant to Comply w/ Court's Discovery Order & Impose Monetary Sanctions. (Document is on file in the Clerk's Office) (rjb, ). |
| Filing 250 REDACTED DECLARATION of SANDRA FUJIYAMA in Support of #247 Plaintiff's Motion to Compel Defendant to Comply w/ Court's Discovery Order and Impose Monetary Sanctions. (Document is on file in the Clerk's Office) (rjb, ). |
| Filing 249 SEALED DOCUMENT - DECLARATION OF SANDRA FUJIYAMA in Support of #247 Plaintiff's Motion to Compel Defendant to Comply w/ Court's Discovery Order and Impose Monetary Sanctions. (Dcoument is sealed and on file in the Clerk's Office) (rjb, ). |
| Filing 248 SEALED DOCUMENT - MEMORANDUM OF LAW in support of #247 Plaintiff's Motion to Compel Defendant to Comply w/ Court's Discovery Order & Impose Monetary Sanctions Modified on 9/15/2004 (Document is sealed and on file in Clerk's Office). (rjb, ). |
| Filing 247 SEALED DOCUMENT - PLAINTIFF'S MOTION to COMPEL DEFENDANT TO COMPLY W/ COURT'S DISCOVERY ORDER & IMPOSE MONETARY SANCTIONS. Motion Hearing set for 9/28/2004 02:00 PM in Syracuse before Magistrate Judge David E. Peebles. Response to Motion due by 9/13/2004 Reply to Response to Motion due by 9/23/2004. (Document on file in the Clerk's Office). (sal, ). (rjb, ). |
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Filing 246
ORDER Resetting Hearing on Motion #244 MOTION to Compel: Response to Motion due by 9/13/2004 Reply to Response to Motion due by 9/23/2004. Motion Hearing set for 9/28/2004 02:00 PM in Syracuse before Magistrate Judge David E. Peebles.. Signed by Judge David E. Peebles on 8/25/04. (kcl, )
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| Filing 245 Minute Entry for proceedings held before Judge David E. Peebles : Discovery Hearing held on 8/17/2004. HP has filed a partial summary judgment motion which is returnable before Judge Mordue on 10/20/04 (docket no. 232). HP has recently sent to the court a motion to compel discovery which was made returnable for 9/22/04 before Judge Peebles (docket no. 244). Judge Peebles notes that he is still working on the motion for reconsideration that HP filed on 1/9/04 (docket no. 200). Cornell states that they will be filing with the court a motion to compel compliance of the Order filed on 12/9/04 and will be seeking sanctions. Judge advises both sides that they have permission to file discovery motions, which should all be made returnable 9/22/04 at 10:30 a.m.. Response ddl. will be 9/10/04, and reply ddl. will be 9/17/04. As to the separate discovery issue, parties report that the meet and confer can happen by 8/20/04 re: the outstanding discovery issues. Judge sets briefing schedule. Letter briefs are to be submitted to Judge Peebles simultaneously by 8/25/04 (limit of 10 pages). Judge will decide on the papers or will set a digitally recorded telephone conference. **After this conference was held, Cornell stated that the 9/22/04 motion hearing date does not work for either side. CRD gave 9/28/04 or 9/15/04 as new dates and Cornell will be calling back to confirm. The response and reply ddls. will have to be adjusted once this date is confirmed. (sal, ) |
| Filing 244 MOTION to Compel Motion Hearing set for 9/22/2004 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. Response to Motion due by 9/7/2004 Reply to Response to Motion due by 9/13/2004. by Hewlett Packard Company. (Attachments: #1 Memorandum of Law in support of motion to compel#2 Declaration of Licia Vaughn w/ Exhibits A ->part of J#3 remainder of Exhibit J->P#4 Exhibit Q to Declaration of Licia Vaughn#5 Certificate of Service)(kcl, ) |
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Filing 243
STIPULATION AND ORDER SETTING new dates on #232 MOTION for Partial Summary Judgment: Response to Motion due by 10/1/2004 Reply to Response to Motion due by 10/8/2004. Motion return date set for 10/20/2004 on submit before Judge Norman A. Mordue. Signed by Judge Norman A. Mordue on 7/26/04. (kcl, )
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| Filing 242 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing; (Exhibits A-U) (kcl, ) (Additional attachment(s) added on 9/13/2019: #1 ) (rjb, ). |
| Filing 241 SEALED DOCUMENT (pursuant to protective order) - maintained in Clerk's Office and not available for electronic viewing; (Statement of Material Facts) (kcl, ) (rjb, ). |
| Filing 240 SEALED DOCUMENT (Pursuant to Protective Order)- maintained in Clerk's Office and not available for electronic viewing; (Declaration) (kcl, ) (rjb, ). |
| Filing 239 SEALED DOCUMENT (pursuant to protective Order )- maintained in Clerk's Office and not available for electronic viewing; ( Sealed Memorandum of Law ) (kcl, ) (rjb, ). (Main Document 239 replaced on 4/9/2020) (rjb, ). |
| Filing 238 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing; ( Order Sealing Certain Documents ) (kcl, ) (rjb, ). |
| Filing 237 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing; (Application) (kcl, ) (rjb, ). |
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Filing 236
STIPULATION AND ORDER Setting Briefing deadlines on #232 MOTION for Partial Summary Judgment: Response to Motion due by 7/16/2004 Reply to Response to Motion due by 7/23/2004.. Signed by Judge Norman A. Mordue on 7/19/04. (kcl, )
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| Filing 235 NOTICE of Lodgment of Authority w/ exhibits A-C by Robert Barrer, Esq. for deft. Hewlett Packard Company re #232 MOTION for Partial Summary Judgment (Attachments: #1 Exhibits D through G of Notice of Lodgment of Authority)(kcl, ) |
| Filing 234 REDACTED STATEMENT OF MATERIAL FACTS re #232 MOTION for Partial Summary Judgment filed by Hewlett Packard Company. (kcl, ) |
| Filing 233 REDACTED MEMORANDUM OF LAW re #232 Motion for Partial Summary Judgment filed by Hewlett Packard Company. (kcl, ) |
| Filing 232 MOTION for Partial Summary Judgment; Motion taken on submit for 8/4/2004 before Judge Norman A. Mordue. Parties need not appear for oral argument on that date; Filed by Hewlett Packard Company.(kcl, ) |
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Filing 231
SCHEDULING ORDER: Discovery due by 2/11/2005. Motions to be filed by 2/25/2005.. Signed by Judge David E. Peebles on 6/28/04. (kcl, )
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Filing 228
ORDER LIFTING STAY IN PART. Signed by Judge David E. Peebles on 6/15/04. (kcl, )
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| Filing 230 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
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Filing 229
SEALED APPLICATION AND ORDER . Signed by Judge David E. Peebles on 6/10/04. document not available for electronic veiwing, on file with clerk(kcl, ) (rjb, ).
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| Filing 227 Minute Entry for proceedings held before Judge David E. Peebles : in-person Pretrial Conference held on 6/9/2004. (kcl, ) |
| Per telephone conversation w/ Denise McKenzie, Esq., all parties have agreed to adjourn the in-person conference before Judge Peebles until June 9, 2004 at 2:00 p.m. in Syracuse, NY. Stay of discovery will continue to be in place until this conference and will be addressed at that time. (sal, ) |
| Filing 226 Letter from Denise McKenzie, Esq. dated 4/5/04 confirming that the telephone status conference set for 5/10/04 at 2:00 p.m. has been changed to an in-person conference in Syracuse, NY before Judge Peebles. (sal, ) |
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Filing 225
MEMORANDUM DECISION AND ORDER; It is ordered that plaintiff's motion to strike all references to and discussion of the Book "Superscalar Microprocessor Design" is granted; The disputed terms of the 115 patent are construed in accordance with the decision herein. Signed by Judge Norman A. Mordue on 3/26/04. (kcl, )
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Filing 224
SCHEDULING ORDER: Telephone Conference set for 5/10/2004 02:00 PM before Magistrate Judge David E. Peebles. Atty Brown to initiate the call. Signed by Judge David E. Peebles on 3/22/04. (kcl, )
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| Filing 223 Minute Entry for proceedings held before Judge David E. Peebles : Telephone Conference held on 3/22/2004. Next telephone conference set for 5/10/04 at 2:00pm ( Atty. Brown to initiate ) (kcl, ) |
| Filing 221 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (rjb, ). |
| Filing 220 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (rjb, ). |
| Filing 219 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (rjb, ). |
| Filing 218 REDACTED VERSION - REPLY to Response to Motion filed by Hewlett Packard Company in further support of #200 MOTION for Reconsideration and MOTION to Stay MOTION to Stay. Filed traditionally, not available for electronic view. (jmb) (mnc, ). |
| Filing 217 SECOND DECLARATION: of Licia E. Vaugh on behalf of Hewlett Packard Company in support of #200 MOTION for Reconsideration and MOTION to Stay MOTION to Stay, supplements the #201 Declaration. Filed traditionally, not available for electronic view. (jmb) (mnc, ). |
| Filing 216 SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (rjb, ). |
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Filing 215
ORDER staying discovery until further order of the Court; Court will conduct a conference in this matter. Signed by Judge David E. Peebles on 2/5/04. (kcl, )
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Filing 214
LETTER/REQUEST AND ORDER; Letter addressed to MJ Peebles from Robert Barrer, Esq.; counsel requests that the Court allow deft. to file a short reply brief in further support of the #200 MOTION for Reconsideration /Stay; So Ordered, Deft. may e-file reply of 5 pages or less by 2/9/04; Signed by Judge David E. Peebles on 2/4/04. (kcl, )
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| Filing 213 SEALED DOCUMENT/Declaration - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 212 SEALED DOCUMENT/Declaration - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 211 SEALED DOCUMENT/Opposition - maintained in Clerk's Office and not available for electronic viewing; Attached Exhibits (kcl, ) (rjb, ). |
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Filing 222
LETTER/REQUEST AND ORDER; Letter addressed to MJ Peebels from Robert Barrer, Esq.; Counsel request leave to file a short reply brief to pltfs opposition to defts. Motion for reconsideration; So Ordered, five page brief allowed to be filed by 2/9/04. Signed by Judge David E. Peebles on 2/3/04. (kcl, )
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| Filing 210 REDACTED RESPONSE IN OPPOSITION to Defts. #200 MOTION for Reconsideration MOTION to Stay MOTION to Stay by Edward Poplawski, Esq. for pltfs. Cornell Research Foundation, Inc., Cornell University. (kcl, ) (mnc, ). |
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Filing 209
APPLICATION/ORDER to file certain documents under seal; So Ordered. Signed by Judge David E. Peebles on 1/30/04. (kcl, )
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| Filing 208 NOTICE to counsel by CRD to Judge Peebles advising that the motion for reconsideration filed by the defendant will be taken on submit. No appearances are necessary. Response ddl. to the motion for reconsideration is set for 1/30/04. (sal, ) |
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Filing 207
STIPULATION AND ORDER; Parties agree that the Response to the 200-1 motion for reconsideration is due 1/30/04; So Ordered. Signed by Judge David E. Peebles on 1/20/04. (kcl, )
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| Set/Reset Deadlines as to #200 MOTION for Reconsideration MOTION to Stay MOTION to Stay. Response to Motion due by 1/30/2004 (kcl, ) |
| Filing 206 LETTER/NOTICE dated 1/16/04; Letter advising parties that in addition to filling out the ECF Registration parties may complete the registration on line; notice sent by KCL (kcl, ) |
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Filing 205
ORDER ; Parties are ordered not to file doscuments electronically due to the sensitive nature of thier filings; All attorneys appearing in this action must be registered as an electronic receipient by 2/13/04. Signed by Judge David E. Peebles on 1/16/04. (kcl, )
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| Filing 204 NOTICE of Hearing on Motion #200 MOTION for Reconsideration MOTION to Stay: Response to Motion due by 1/23/2004 Motion Hearing set for 2/11/2004 10:00 AM before Judge Norman A. Mordue. (kcl, ) |
| Filing 203 SEALED DOCUMENT/Affidavit - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 202 SEALED DOCUMENT/Motion - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (rjb, ). |
| Filing 201 AFFIDAVIT of Licia Vaughn re support of the #200 REDACTED MOTION for Reconsideration, Stay by Robert Barrer, Esq. for Hewlett Packard Company; Attached Exhibits A-D; (kcl, ) (Attachment #1 Exhibits A-D) (mnc, ) |
| Filing 200 REDACTED MOTION for Reconsideration, stay and/or for clarification of limited aspects of the Court's 12/9/03 Order by Robert Barrer, Esq. for deft. Hewlett Packard Company; Motion returnable 2/11/04 before Magistrate Judge David E. Peebles; Response due 1/23/04; Attached Case law; ( Document on file w/ Clerk's office )(kcl, ) (mnc, ). |
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Filing 199
STIPULATION AND ORDER; The Deadline in which to file a motion for reconsideration is reset to 1/9/2004. So ORdered. Signed by Judge David E. Peebles on 12/17/03. (kcl, )
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Filing 198
DECISION AND ORDER: ORDERED that CRF's motion to compel is GRANTED in part, as to the following: 1) CRF's request for basic damage calculation data, as relates to CRF Interrogatory Nos. 5 and 6 and CRF Document Request No. 5, as more specifically narrowed and delineated on pages 20-21 of this opinion; 2) CRF's request for information related to peripherals, as relates to CRF Interrogatory Nos. 5 and 6 and Document Request No. 5, as more specifically narrowed and delineated on pages 24-25 of this opinion; 3) CRF Fourth Document Request Nos. 76, 77 and 78, only with regard to PA-8000 family of processors, together with servers or workstations containing accused CPU units; 4) CRF Fourth Document Request No. 79, limited to documents specifically discussing competitors and competition for the PA-8000 family of processors together with any servers or workstations containing such CPU units; 5) CRF Fourth Document Request No. 111, limited to accused products, together with servers and workstations containing such alleged infringing CPU units; 6) CRF Interrogatory No. 8, relating to contention interrogatories HP is required to describe the factual basis for its patent exhaustion defense, and to identify all documents (whether or not in the possession, custody or control of HP) supporting that defense, and witnesses with knowledge of that defense; 7) CRF Interrogatory No. 7, as it relates to agreements with HP and third parties concerning HP-8000 family as well as any other CPU units manufactured under other labels or model numbers by or for HP which have the ability to process non-sequential instructions; 8) Cornell Request for Production No. 1; HP is to supply documents related to or identified in its answer to Cornell Interrogatory No. 3, relating to understandings or agreements between HP and any third party regarding HP patent; 9) CRF First Request for Production Nos. 5 and 6, as they related to PA-8000 processors; HP is instructed to identify documents with specificity, and identify documents being withheld that would otherwise fall within the scope of this discovery request, setting forth specific grounds for withholding them; 10) CRF Fourth Request for Production Nos. 6-8, only to the extent of identifying and producing any documents upon which HP intends to rely on at trial; 11) Cornell Interrogatory No. 2 and Request for Production No. 1 and CRF Fourth Request For Production Nos. 100-105; HP instructed to produce all materials related to non-liability opinion disclosed by HP, including documents or materials used by or prepared by HP or its counsel and referred to in the opinion, as well as any other opinions which support, contradict or weaken the attorney's opinions; HP also instructed to provide a more complete privilege log identifying any materials relating to this issue that have been withheld; 12) CRF Second Request for Production, relating to technical specifications, drawings and schematics for the accused processors, including the HP-8000 series; HP is instructed to make available to plaintiffs' expert, during business hours and for a reasonable period of time not to exceed eight hours in total, the technical drawings and specification which it maintains in the ordinary course of business in electronic format regarding the PA-8000 family, subject to terms and conditions negotiated between the parties, including parameters such as presence of HP personnel and after CRF representations during the process; 13) CRF Fourth Request for Production Nos. 68-70 concerning schematics exchanged between HP and third parties relating to the accused products; HP is instructed to produce such information in digital or electronic media format; 14) CRF Interrogatory No. 13 and accompanying Fifth Request for Production No. 8, and CRF Third Request for Production Nos. 1-9, relating to tracking dependencies and nullification; 15) CRF's May 9, 2003 request for the Lotz declaration given to Dr. Flynn, HP's testifying expert; 16) to the extent that HP is required to make certain certifications to plaintiffs and the court, HP is instructed to certify to the court and CRF's counsel within a reasonable time period specified by the parties that: a) it has supplied information necessary to allow CRF to calculate total number of accused devices manufactured by outside vendors which may be licensed under '115 patent, and identify specifically the documents that contain this information; b) all documents complying with CRF Interrogatory No. 7 have been produced, with descriptions of those documents and corresponding Bates Nos.; c) it has fully responded to Interrogatory No. 3; d) it has produced all documents responsive to CRF Second Request for Production Nos. 31 and 32, and to identify which documents have been produced, which have been withheld and what basis, if any, for withholding; e) it has provided CRF with access to all responsive, non-privileged documents within its possession, custody or control with regard to CRF Interrogatory No. 13, Fifth Request for Production No. 8, and CRF Third RFP Nos. 1-9, and to extent that documents have been withheld, identify these documents on privilege log together with indication of basis for withholding; f) it is not withholding any documents solely on the basis of the blanket objections it has asserted; g) defendant's counsel, including though not limited to Barry Shelton, no longer have available to them in any form including electronic drafts of Dr. Flynn's declaration; and 15) to the extent that CRF has moved to compel HP to submit a more detailed privilege log, HP is instructed to provide a proper privilege log in compliance with Rule 26(b)(5) of the Federal Rules of Civil Procedure concerning any documents withheld on the basis of attorney-client privilege or work product doctrine within thirty (30) days of this order; and it is further ORDERED, that CRF's motion to compel is DENIED, as follows: 1) documents requested pursuant to CRF Document Request No. 6, as that document request is unduly confusing and redundant; 2) CRF Fourth Document Request Nos. 61, 62, 64, 71, 72, 107, 108, 109, 100, 112, 113, 117, 118, and 119, as redundant and/or overbroad, without prejudice to CRF's right to renew any of these, narrowed in form, based upon a demonstration that such documents exist and that the scope of the request is reasonable, and upon a showing of relevance which outweighs the burden of production; 3) CRF Fourth RFP Nos. 9-49, without prejudice to CRF's right to reapply to court, after meeting and conferring with HP to impasse, for directive that HP comply with these requests as narrowed and more clearly defined in scope; 4) CRF's motion to compel is otherwise DENIED; and it is further ORDERED, that HP's motion to compel discovery is GRANTED in part, in that to the extent that CRF is required to make certain certifications to defendants and the court, CRF is instructed to certify to the court and HP's counsel within a reasonable time period specified by the parties that: 1) it has responded to HP Interrogatory Nos. 3 and 13, related to plaintiff's claim construction contention, by preparing a chart as agreed by the parties; 2) it has supplemented and responded to HP Interrogatory No. 5, concerning licensing and negotiations for rights under the '115 patent; 3) it has responded to HP Interrogatory No. 12, seeking information concerning plaintiff's awareness of prior art related to the '115 patent, as modified; 4) CRF has supplemented and responded with all documents within its possession, custody or control to Requests for Production Nos. 9, 10, 12, 28, 29, 31, 32, 33, 42, 51 and HP's Second Document Request; 5) Cornell has supplemented and responded with all documents within its possession, custody or control to Request for Production Nos. 7, 8, 10, 18, 19, 21, 22, 23, 31, and 40; 6) it has provided information concerning page count for documents listed on its privilege log; 7) it has provided enough information on its privilege log concerning the existence and content of any attachments, with sufficient particularity without disclosing confidential material, to allow HP to understand the scope of what is being withheld; and 8) it has detailed on its privilege log the basis for any withheld attachment, as distinct from the document to which the attachment is appended; and it is further ORDERED, that HP's motion to compel is otherwise DENIED; and it is further ORDERED, that CRF redesignate its privilege log as "Confidential - Level 2"; and it is further ORDERED, that both parties comply with compromise reached during May 14, 2003 hearing that third party communications designated as "Confidential - Level 1" and notes at issue including Bates Nos. CR310728-30, CR031735, CR0310747, CR0310762-63, and CR0310764 be excepted from the protective order, in that HP would be permitted to show any particular document within that group to two additional HP employees, other than individuals privy under the protective order to "Confidential - Level 1" documents, and would not be required to reveal the identities of those two employees to CRF, provided that the individuals to whom those documents are shown first sign an agreement to be bound by the protective order; and it is further ORDERED that the Clerk of the Court serve a copy of this order upon counsel for the parties by regular mail. ( signed by Magistrate Judge David E. Peebles 12/9/03 ) (kcl)
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Filing 197
ORDER Sealing document [196-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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| Filing 196 SEALED DOCUMENT ( Letter Brief dated 6/3/03 ) (kcl) (rjb, ). |
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Filing 195
ORDER Sealing Attachments within listed as A-D ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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Filing 194
ORDER Sealing document [193-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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| Filing 193 SEALED DOCUMENT ( Letter Brief dated 5/23/03 ) (kcl) (rjb, ). |
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Filing 192
ORDER Sealing documents [190-1] and [191-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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| Filing 191 SEALED DOCUMENT ( affidavit ) (kcl) (rjb, ). |
| Filing 190 SEALED DOCUMENT ( Letter Brief dated 5/15/03 ) (kcl) (rjb, ). |
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Filing 189
ORDER w/ attachements Sealing document [188-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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| Filing 188 SEALED DOCUMENT ( Letter dated 5/9/03 ) (kcl) (rjb, ). |
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Filing 187
ORDER Sealing Exhibits that were submitted on 5/13/03 shall be filed under seal w/ this order; Exhibits attached ( signed by Magistrate Judge David E. Peebles 12/8/03) (kcl) (rjb, ).
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Filing 186
ORDER Sealing document [185-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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| Filing 185 SEALED DOCUMENT (Letter Brief dated 5/9/03) (kcl) (rjb, ). |
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Filing 184
ORDER Sealing document [184-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (rjb, ).
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| Filing 183 SEALED DOCUMENT ( Letter Brief dated 5/9/03 ) (kcl) (rjb, ). |
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Filing 182
ORDER Sealing documents [178-1] through [181-1] ( signed by Magistrate Judge David E. Peebles 6/25/03 ) (kcl) (rjb, ).
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| Filing 181 SEALED DOCUMENT ( Transcript listed as Exhibit B ) (kcl) (rjb, ). |
| Filing 180 SEALED DOCUMENT ( Transcript listed as Exhibit A ) (kcl) (rjb, ). |
| Filing 179 SEALED DOCUMENT ( Affidavit of Douglas H ) (kcl) (rjb, ). |
| Filing 178 SEALED DOCUMENT (Letter dated 5/15/03 from Barry Shelton) (kcl) (rjb, ). |
| Filing 177 LETTER/NOTICE dated 10/9/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for deft. Hewlett Packard Co.; Counsel responds to pltfs. letter dated 10/8/03 (kcl) (mnm, ). |
| Filing 176 LETTER/NOTICE dated 10/8/03; Letter addressed to MJ Peebels from Edward Popalwski, Esq. for pltfs. Cornell Research, Cornell University: Counsel advises the Court of a matter re: the pending Discovery motion (kcl) (mnc, ). |
| Filing 175 LETTER/NOTICE dated 6/11/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for deft. Hewlett Packard Co.; counsel responds to pltfs. 6/3/03 letter; Attached Exhibits A and B (kcl) (mnc, ). |
| Filing 174 LETTER/NOTICE dated 5/28/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for Hewlett Packard Co.; Counsel writes to correct the record before the Court relating to HP's opinions of counsel (kcl) (mnc, ). |
| Filing 173 DECLARATION of Stewart Brown for deft. Hewlett Packard Co. Re: support of defts letter brief re: discovery; Attached Exhibits A-G (kcl) (mnc, ). |
| Filing 172 DECLARATION of Denise McKenzie for Cornell Research, Cornell University Re: support of pltfs letter brief dated 5/9/03; Attached Exhibits (kcl) (mnc, ). |
| Filing 171 Declaration of Sandra Fujiyama, Esq. for pltfs. Cornell Research, Cornell University Re: support of pltfs. letter brief of 5/9/03; Attached Exhibits (kcl) (mnc, ). |
| Filing 170 DECLARATION of Sandra Fujiyama, Esq. for pltf. Cornell Research, Cornell University Re: opposition to defts. brief of 4/25/03; Attached Exhibits 1 and 9 (kcl) (mnm, ). |
| Filing 169 DECLARATION of Licia Vaughn, Esq. for deft. Hewlett Packard Co. Re: support of defts. letter brief re: discovery (kcl) (mnc, ). |
| Filing 168 DECLARATION of Stewart Brown, Esq. for deft. Hewlett Packard Co. Re: support of defts. letter brief re: discovery; Attached Exhibits A-C (kcl) (Additional attachment(s) added on 6/17/2009: #1 Part 2, #2 Part 3) (mnm, ). |
| Filing 167 AFFIDAVIT of Licia Vaughn, Esq. for deft. Hewlett Packard Co. Re: support of the defts letter brief re: discovery (kcl) (mnc, ). |
| Filing 166 LETTER/NOTICE dated 4/25/03; Letter addressed to the Court from Stewart Brown, Esq. counsel for Hewlett Packard Co.; Counsel outlines oresent issues w/ discovery responses (kcl) (mnc, ). |
| Filing 165 LETTER/NOTICE dated 3/3/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for Hewlett Packard Co.; Letter is in response to pltfs. 2/26/03 letter (kcl) (mnc, ). |
| Filing 164 LETTER BRIEF/NOTICE dated 2/26/03; Letter addressed to MJ Peebles from Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University; Letter submits letter concerning discovery issues and requests a Discovery conference (kcl) (mnc, ). |
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Filing 163
ORDER granting [160-1] motion for Bryan K. Anderson to Appear Pro Hac Vice ( signed by Magistrate Judge David E. Peebles 11/18/03 ) (kcl)
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| Filing 162 SEALED DOCUMENT (wjg) (rjb, ). |
| Filing 161 TRANSCRIPT filed for dates of 9.23.03 (conference) (wjg) (rjb, ). |
| Filing 160 MOTION by Cornell Research, Cornell University for Bryan K. Anderson to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Peebles (kcl) (mnc, ). |
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Filing 159
ORDER: It is hereby ordered that All party discovery is stayed in this action until 60 days following the issuance by the Court of a decision in connection w/ the pending discovery related cross-motions; This order is without prejudice to the right of any party to seek discovery from any 3rd party; The Motion filing deadline of 11/28/03 is vacated, a new order setting forth the deadlines for Discovery and filing of dispositive motions will be implimented upon the issuance of a decision on pending cross-motions; So Ordered ( signed by Magistrate Judge David E. Peebles 11/10/03 ) (kcl)
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| Filing 158 Minute entry of telephone conference before MJ Peebles; App: Edward Poplawski, Brian Anderson, and Sandra Fujiyama, Esqs. for ptlf., Stewart Brown and Licia Vaughn, and Robert Barrer, Esqs. for deft., Clerk CLM; After a lenghty discussion re: discovery and the pending decisions, it was decided that the court would hold all discovery between the parties in abeyance pending MJ Peebles' decision and would allow a 60 day moratorium period following that decision to allow the parties to comply w/it; Parties pointed out that the motion filing deadline has passed and MJ Peebles indictated he would set a new discovery deadline including dates for expert disclosure and the motion filing deadline at a confernece to be scheduled; Party lastly report that there are some additioanl discovery disputes brewing but have agreed to withold them until the moratorium period; (kcl) |
| Tele-conference held (kcl) |
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Filing 157
DECISION AND ORDER; It is hereby ordered that defts. motion to disqualify Russell T. Wong and David Cabello from serving as expert witnesses in this case and being provided access to confidential information from CRF subject to the Court's protective order is granted; So Ordered ( signed by Magistrate Judge David E. Peebles 10/23/03 ) (kcl) Additional attachment(s) added on 5/13/2004 (wgl, ).
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| Filing 156 LETTER/NOTICE dated 9/19/03; Letter addressed to MJ Peebles from Sandra Fujiyama, Esq., counsel for pltfs. Cornell Research; Counsel reply in further support of their motion to qualify Messrs. Wong and Cabellos as experts (kcl) (mnc, ). |
| Filing 155 REDACTED LETTER/NOTICE dated 9/15/03; Letter addressed to MJ Peebles from Stewart Brown, Esq., counsel for deft. Hewlett Packard Co.; Letter responds to pltfs. 9/5/03 brief wherein they set forth HP's position why Messrs. Wong and Cabello should be barred from serving as experts for pltfs. in this matter (kcl) (mnc, ). |
| Filing 154 SEALED DOCUMENT ( Letter dated 9/15/03 ) (kcl) (rjb, ). |
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Filing 153
ORDER granting [152-1] motion for David M. LaSpaluto to Appear Pro Hac Vice ( signed by Magistrate Judge David E. Peebles ) Date Entered: 10/21/03 (mnm)
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| Filing 152 MOTION by Hewlett Packard Co. for David M. LaSpaluto to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Peebles (kcl) |
| Filing 151 DECLARATION OF Licia Vaughn in support of defts. opposition to Pltfs. discovery leter re: the designation as experts Messrs. Wong and Cabello; Attached Exhibits A-D (kcl) (mnc, ). |
| Filing 150 DECLARATION of David Cabello Re: support of the pltfs motion to qualify and to grant access to confidential material (kcl) (mnc, ). |
| Filing 149 DECLARATION of Russell T. Wong Re: support of Pltfs Motion to qualify and grant access to confidential material (kcl) (mnc, ). |
| Filing 148 DECLARATION of Sandra Fujiyama, Esq. for pltfs. Cornell Research, Cornell University Re: support of pltfs motion to Qualify Messrs. Russell T. Wong and J. D. Cabello and to grant access to confidential materials; Attached Exhibits 1-17, Sealed Exhibit 18, 19-28 (kcl) (lmw, ). |
| Filing 147 LETTER/NOTICE of Lodgement and lodgment of exhibits in support of Hewlet Packard's opposition to pltfs. discovery leter brief re: the designation as experts of messrs. Wong and cabello from John Allcock, Esq. (kcl) (Additional attachment(s) added on 6/17/2009: #1 Part 2) (mnm, ). |
| Filing 146 LETTER BRIEF/NOTICE dated 9/5/03; LEtter addressed to MJ Peebles from Sandra Fujiyama, Esq., counsle for pltfs. Cornell Research, Cornell University; Letter filed in accordance with the telephone conference held on 8/28/03 (kcl) (lmw, ). |
| Filing 145 LETTE BRIEF/NOTICE dated 9/19/03; Letter addressed to MJ Peebles from Sandra Fujiyama, Esq., counsel for Cornell Research, Cornell University; Letter is in support of motion to qualify Messrs. Russell T. Wong and J. David Cabello as experts (kcl) (lmw, ). |
| Filing 144 SEALED DOCUMENT ( Second declaration of Licia Vaughn ) (kcl) (rjb, ). |
| Filing 143 SEALED DOCUMENT ( Declaration of Irene Kosturakis ) (kcl) (rjb, ). |
| Filing 142 SEALED DOCUMENT ( affidavit of Jonathan Mack ) (kcl) (rjb, ). |
| Filing 141 SEALED DOCUMENT ( request and Order signed by MJ Peebles 10/14/03 ) (kcl) (rjb, ). |
| Filing 140 SEALED DOCUMENT ( Letter dated 9/15/03 from Stewart Brown, Esq.) (kcl) (rjb, ). |
| Filing 139 SEALED DOCUMENT ( Request and Order, Signed by MJ Peebles 10/14/03 ) (kcl) (rjb, ). |
| Filing 138 Minute entry of pretrial conference before MJ Peebles; App:Edward Poplawski, Bryan Anderson, and Sandra Fujiyama, Esqs. for pltfs., Barry Shelton, John Allcock, Stewart Brown, and Licia Vaughn, Robert Barrer, Esqs. for deft., Clerk C. McNulty; In person discovery conference held; This conference consisted of pltf. Cornell wanting to produce two witnesses that worked for compaq and deft. HP objects to this request; MJ Peebles heard oral arguments on the issue and told parties that he is reserving his decision on this matter; The remaining discovery disputes were discussed and MJ Peebles continued to get clarification of these matters that are now before him; He told parties that he hopes to have that decision out expeditiously as well; The matter of the discovery deadline approaching was discussed; MJ Peebles told parties that he intends to schedule a telephone conference to address the deadlines outlined in the Uniform pretrial order; Court Reporter/ECRO: Theresa Berical (kcl) |
| Pre-trial conference held (kcl) |
| Filing 137 Scheduling Notice: Letter advising counsel for parties that the Court has set an in-person Pretrial Conference for 10:00 9/23/03 with MJ Peebles; Notice sent by MJ Peebles (kcl) |
| Filing 136 TRANSCRIPT of Motion argument filed for the date of 7/23/03; Hearing held before Judge Peebles; Court reporter Jodi Hibbard (kcl) (rjb, ). |
| Filing 135 SEALED DOCUMENT ( defts. Exhibit 1 ed 7/23/03 ) (kcl) (rjb, ). |
| Filing 134 DECLARARATION of Bart Van de Wege, Esq. for IBM Re: opposition to pltfs. motion to Compel; Attached Exhibits 1-12 (kcl) (lmw, ). |
| Filing 133 LETTER/NOTICE dated 7/18/03; Letter addressed to MJ Peebles from Bart Van de Wege, Esq. for non-party IBM; Attached Exhibits A-G (kcl) Modified on 08/04/2003 (lmw, ). |
| Filing 132 DECLARATION of Licia Vaughn, Esq for defts. in opposition to pltfs. Motion to Compel IBM to Subpoenas; Attached Exhibits A-G (kcl) (lmw, ). |
| Filing 131 SEALED DOCUMENT ( letter dated 7/18/03 from Stuart Brown, Esq. ) (kcl) (rjb, ). |
| Filing 130 SEALED DOCUMENT ( Exhibits 13-15 to the [129-1] Declaration of S. Fujiyama (kcl) (rjb, ). |
| Filing 129 DECLARATION of Sandra Fujiyama, Esq. for pltfs. Cornell Research, Cornell University Re: support of pltf motion to compel IBM to comply w/ subpoenas; Attached Exhibits 1-12 (kcl) (lmw, ). |
| Filing 128 LETTER/NOTICE dated 7/3/03 by Sandra Fujiyama, Esq. for pltf. Cornell University, Cornell Research; Attached Exhibit 16 (kcl) (lmw, ). |
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Filing 127
ORDER: It is hereby ordered that Pltf's motion to compel compliance with the 6/18/03 subpoena is denied; The subpoenas issued by CRF out of this court on 6/2/03 and 6/18/03 to IBM ar4e hereby quashed, w/out prejudice to CRF's right in the future, to serve a proper subpoena issued from this court upon IBM; the Documents submitted by parties for filing under seal including Exhibit 1 received by the COurt from HP during the 7/23/03 oral argument, HP's redacted letter dated 7/18/03, HP's exhibits A-C, as well as exhibits 13-15 attached to the declaration of S. Fujiyama dated 7/3/03, shall be filed under seal; the clerk is directed to docket the following documents: a) letter dated 7/3/03 from S. Fujiyamaw/ Exhibit 16, b) Declaration of S. Fujiyama dated 7/3/03 w/ exhibits 1-12 (not filed under seal) and exhibits 13-15 (filed under seal), c) Letter dated 7/18/03 from Stuart Brown, unredacted (filed under seal) d) HP's Exhibits A-C ( filed under seal ) e) Declaration of Licia Vaughn dated 7/18/03 w/ exhibits A-G f) Letter dated 7/18/03 from Bart Van de Weghe g) Declaration of Bart Van de Wege dated 6/18/03, w/ exhibits 1-12 h) document received from HP as deft's exhibit 1 during hearing held 7/23/03 ( filed under seal); the requests of the parties for an award of costs and atty.fees is denied; So Ordered ( signed by Magistrate Judge David E. Peebles 7/30/03 ) (kcl)
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| Filing 126 Minute entry: In-Person Discovery Conference held by Judge Peebles. Cornell's motion to compel compliance w/ the 6/18/03 subpoena is denied. Judge notes that the SDNY previously issued a subpoena upon IBM which sought most of the documents that were requested in the most recent subpoena. Judge advises parties that this decision is w/out prejudice to plaintiff's right to seek compliance w/ that subpoena, 1st w/ the issuing court, & thereafter by seeking relief in this court should it be transferred here by the SDNY. Judge quashes subpoenas issued by Cornell out of this court on 6/2/03 & 6/18/03 to IBM, w/out prejudice. Documents submitted by the parties for filing under seal are ordered to be filed by the clerk under seal. Requests made by the parties for an award of costs & attorney's fees are denied. APP: Edward Poplawski, Esq., Sandra Fujiwama, Esq., Licia Vaughn, Esq., Richard Hughes, & Bart Van de Weghe, Esq.. Court Reporter: Jodi Hibbard. Clerk: Shelly Lazzaro (sal) Modified on 07/31/2003 |
| Filing 125 CORRECTED CERTIFICATE OF SERVICE by Cornell Research, Cornell University re: their Markman Brief; Pltf. notes purpose for late filing (kcl) |
| Filing 124 DECLARATION of Denise McKenzie for pltfs. Cornell Research, Cornell University; Attached Exhibit 36 (kcl) |
| Filing 123 Exhibit # 29 to the [122-1] Declaration of Denise McKenzie for pltf. Cornell Research, Cornell University (kcl) |
| Filing 122 DECLARATION OF Denise McKenzie for pltfs. Cornell Research, Cornell University; Attached Exhibits 29-35, 37-45 and 1000, 1001 (kcl) |
| Filing 121 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Edward Popolawksi, Esq. for Plaintiffs (kcl) (lmw, ). |
| Filing 120 NOTICE/Post Markman Hearing Brief by Edward Popalowski, Esq. for Pltfs. Cornell Research, Cornell University; Attached Exhibits 21, 46, 617 and 615 (kcl) |
| Filing 119 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW submitted by Barry Shelton, Esq. for defts. Hewlett Packard (kcl) (lmw, ). |
| Filing 118 MEMORANDUM/POST MARKMAN BRIEF by Barry Shelton, Esq. for deft. Hewlett Packard Co. in compliance with Judge Mordue's [117-1] Order (kcl) (lmw, ). |
| Filing 116 Minute entry: Discovery Conf. held via telephone before Judge Peebles. Pltf. issued subpoena upon IBM five months ago &, according to Pltf., IBM has not complied w/ the subpoenas. After a lengthy discussion between the parties, Judge Peebles sets forth a briefing schedule seeking to compel compliance to subpoenas. Pltf's. brief is due 7/3/03 (10 page limit); Deft. IBM's brief is due 7/18/03 (15 page limit); & Deft. HP's brief is due by 7/18/03 (15 page limit). No extension of page limit will be allowed unless otherwise approved by Judge Peebles. Oral argument on the briefs is scheduled for 7/23/03 at 2:00 p.m. in Judge Peebles' courtroom. APP: Brian Anderson, Esq., Nelson Roth, Esq., & Sandra Fujiwama, Esq., Stewart Brown, Esq., Licia Vaughn, Esq., Robert Barrer, Esq. & for Deft. IBM: Howard Weber, Esq., & Bart Vandeweghe, Esq.. Clerk: Cindy McNulty (sal) |
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Filing 117
LETTER/REQUEST dated 6/25/03 and ORDER; Letter addressed to Judge Mordue from Valerie Cross, Esq.; Counsel requests that the Court allow parties until 7/3/03 to serve and file their proposed findings of fact and conclusions of Law; So Ordered ( signed by Judge Norman A. Mordue 6/25/03 ) (kcl)
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| Filing 115 TRANSCRIPT of in-person Discovery conference filed for the date of 5/14/03; Hearing held before MJ Peebles 10:30-3:24 (kcl) (rjb, ). |
| Filing 114 CONFIDENTIAL TRANSCRIPT of discovery conference filed for the date of 5/14/03; Hearing before MJ Peebles (kcl) (rjb, ). |
| Filing 113 LETTER/NOTICE dated 5/22/03; Letter addressed to Judge Mordue from John Glust, Esq. for defts. Hewlett Packard Co.; Counsel writed to the Court in opposition to Plaintiff's 5/21/03 letter, wherein they request an extension of time to file findings of fact and conclusions of law (kcl) (lmw, ). |
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Filing 112
LETTER/REQUEST dated 5/21/03 and ORDER; Letter addressed to Judge Mordue from Denise McKenzie, Esq.; counsel requests on behalf of plaintiff's that the 6/16/03 date for parties to file any further briefs and conclusions of Law be extended to 6/30/03; So Ordered ( signed by Judge Norman A. Mordue 5/28/03 ) (kcl)
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Filing 111
ORDER: It is hereby ordered that the Court has reset the deadline for fact discovery to 10/31/03 , the deadline for fact diclosure on all no-claims construction issues, including as set forth in paragraph 8 of the discovery attachment to the aforementioned are hereby suspended indefinatley, pending a determination from District Judge Mordue; Once the claim construction decision is issued, the court will schedule a conferenece for the purposes of establishing appropriate expert disclosure deadlines; A Pretrial Conference is set for 12:00 8/28/03 via telephone w/ MJ Peebles; Pltfs. attorney is to initiate the call ( signed by Magistrate Judge David E. Peebles 5/16/03 ) (kcl) Modified on 05/29/2003
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| Filing 110 Exhibit list by Hewlett Packard Co., Cornell Research (kcl) (lmw, ). |
| Filing 108 TRANSCRIPT filed for dates of 5/1/03 [Markman Hearing before DJ Mordue; Steno: J. Hibbard] (jt) (rjb, ). |
| Filing 107 TRANSCRIPT filed for dates of 4/30/03 [Markman Hearing before DJ Mordue; Steno: J. Hibbard] (jt) (rjb, ). |
| Filing 106 TRANSCRIPT filed for dates of 4/29/03 [Markman Hearing before DJ Mordue; Steno: J. Hibbard] (jt) (rjb, ). |
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Filing 109
ORDER granting [104-1] motion for Sandra S. Fujiyama to Appear Pro Hac Vice ( signed by Judge Norman A. Mordue 5/15/03) (kcl)
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| Filing 105 Minute entry: TAPE RECORDED IN-PERSON DISCOVERY CONFERENCE HELD BEFORE JUDGE PEEBLES. 10:30 a.m. Court is in session. Judge Peebles inquires into what documents counsel desires to be sealed. Oral argument is heard. Defense counsel submits exhibits 1 and 2 into evidence. 12:15 p.m. Court recesses. 12:23 p.m. Court is back in session. Cornell's issues 2 through 5 of the discovery disputes are discussed. Plaintiffs' counsel submits exhibit 3 into evidence. 1:18 p.m. Court recesses. 2:09 p.m. Court is back in session. Cornell's issues 5 through 10 of the discovery disputes are discussed. Thereafter, HP's discovery disputes are discussed. Judge reserves decision on all discovery issues and will issue a written decision. 3:00 p.m. Judge discusses progression of case and ddls. to be put in place. Judge extends the completion of fact discovery to the end of October. Judge defers the scheduling of ddls. for expert disclosure and motion filing until a decision is made by Judge Mordue on the Markman Hearing. At that time, a telephone conference will be scheduled to discuss this. Parties state settlement discussions may serve best after a decision is made on the Markman Hearing. 3:15 p.m. Court is adjourned. Clerk/ECRO: Shelly Lazzaro. DEP TAPE#: S3 through S5. TIME: 10:30 AM-3:15 PM. APP: Edward Poplawski, Esq., Nelson Roth, Esq., Sandra Fujiwama, Esq. for Pltfs., and Stewart Brown, Esq., Licia Vaughn, Esq., & Robert Barrer, Esq. for Defts.. (sal) |
| Filing 104 MOTION by Nelson Roth, Esq. for pltf. Cornell Research, Cornell University for Sandra S. Fujiyama to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Mordue (kcl) (lmw, ). |
| Filing 103 TRANSCRIPT of Telephone conference before MJ Peebles filed for the date of 4/9/03 (kcl) (mnm, ). |
| Filing 102 Minute entry of Day Three of Markman Hearing: Continuation of testimony of Dr. Flynn; Closing arguments given by attorneys Poplawski and Allcock; Judge directs parties to file further briefs and conclusions of law by 6/16/03; App: Same; Court Reporter/ECRO: Jodi Hibbard; CRD: D. McAllister; 8:45 - 3:10 p.m. (drm) (lmw, ). |
| Filing 101 Minute entry of Day Two of Markman Hearing before Judge Mordue: Continued testimony of plaintiff's expert, Dr. Smith; Plaintiff rests direct case; Testimony of defendant's expert, Dr. Michael J. Flynn; Court recesses until 8:45 a.m. on 5/1/03; App: Same; Court Reporter/ECRO: Jodi Hibbard; CRD: D. McAllister; 8:50 a.m. - 5:00 p.m. (drm) (lmw, ). |
| Filing 100 Minute entry of Day One of Markman Hearing before Judge Mordue: Opening statements given by attorney Poplawski on behalf of plaintiff and attorney Allcock on behalf of defendant; Testimony of plaintiff's expert Dr. James E. Smith; App: E. Poplawski, Esq. & D. McKenzie, Esq. for pltf; J. Allcock, Esq., J. Giust, Esq., B. Shelton, Esq. and R. Barrer, Esq. for defts; Court Reporter/ECRO: Jodi Hibbard; CRD: D. McAllister; 9:40a.m. - 4:55 p.m. (drm) (lmw, ). |
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Filing 98
LETTER/ORDER dated 4/24/03; Letter addressed to counsel for parties advising that the Court has reviewed the parties' correspondence re: the format of the Markman hearing scheduled for 4/29 and 4/30 of 2003; Upon review of that record the court adopts the format as set forth within; With respect to the testimony of the inventor, it is well established that the subjective intent of the inventor when he used a particualr term in a patent is of little or no probative weight in determining the scope of a claim; When the Court issues its decision construing the patent subsequent to the hearing, the Court will determine what weight, if any, to give various aspects of the inventors testimony; Particularly in view of the fact that there is no jury, the Court does not issue an advance ruling limiting or prohibiting the inventors testimony; So Ordered ( signed by Judge Norman A. Mordue 4/24/03 ) (kcl) Modified on 04/25/2003
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| Filing 99 NOTICE OF CORPORATE DISCLOSURE STATEMENT: by Hewlett Packard Co., advising the Court that the defendant does not have a parent corporation and there is no publicly held corporation that owns 10% or more of its stock. (jmb) (lmw, ). |
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Filing 97
ORDER: parties are admonished that no facsimile or letter submissions should be sent to chambers without prior express permission, the parties are directed to meet and confer in person to address the discovery disputes, each party shall submit a letter to the Court by 5/9/03, no exceeding 10 pages advising the Court of any progress, deft is authorized to submit an additional letter brief by 4/25/03 addressing any discovery disputes that are ripe for determination, pltf. shall respond by 5/9/03, not more than 10 pages, hearing to be held on 5/14/03 at 10:30 AM before MJ Peebles, the 5/15/03 conference previously set is cancelled. (Signed by Magistrate Judge David E. Peebles) (jmb)
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Filing 96
SEALING ORDER: Sealing documents # [91-1], [92-1] and [95-1] until further order of this Court. (Signed by Magistrate Judge David E. Peebles) (jmb)
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| Filing 95 SEALED DOCUMENT - Declaration by Licia E. Vaughn (jmb) (sal, ). |
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Filing 94
SEALING ORDER: Sealing document # [93-1] until further order of this Court. (Signed by Magistrate Judge David E. Peebles) (jmb)
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| Filing 93 SEALED DOCUMENT - Declaration by Denise L. McKenzie (jmb) (sal, ). |
| Filing 92 NOTICE/LETTER BRIEF: dated 3/21/03 by Stewart M. Brown, Esq., on behalf of Hewlett Packard Co., in response to the # [91-1] Letter Brief, concerning outstanding discovery issues. (jmb) (lmw, ). |
| Filing 91 NOTICE/LETTER BRIEF: dated 3/14/03 by Denise L. McKenzie on behalf of Cornell University and Cornell Research, concerning outstanding discovery issues. (jmb) (mnm, ). |
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Filing 90
DOCUMENT REJECTION ORDER rejecting submissions sent by fax and Federal Express from Gray Cary Law Firm dated 4/8/03 [83pgs] b/c this submission was not specifically authorized by the court; faxes will no longer be accepted by the court unless prior permission is approved. ( signed by Magistrate Judge David E. Peebles on 4/10/03) Date Entered: 4/10/03 (jt)
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Filing 89
DOCUMENT REJECTION ORDER - rejecting submission by fax from Sidley, Austin, Brown & Wood Law Firm dated 4/8/03 [64pgs] b/c this submission was not specifically authorized by the court, faxes will no longer be accepted by the court unless prior permission is approved ( signed by Magistrate Judge David E. Peebles on 4/10/03 ) Date Entered: 4/10/03 (jt)
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Filing 88
Minute entry: Tape Recorded Discovery Dispute Telephone Conference held before Judge Peebles. Gray, Cary Law Firm requests to seal their entire declaration, together w/ exhibits, submitted to the court for filing. Sidley, Austin, Wood Law Firm requests to seal some of the exhibits and not their entire declaration. Judge orders both declarations, together w/ exhibits, be filed under seal in their entirety. Judge will issue a short form order regarding same. Judge advises that the court has rec'd. voluminous submissions by both parties. Judge is rejecting the submissions submitted by fax to the court dated 4/9/03 as these submissions were not authorized. Judge also advises that the court will no longer accept faxes from counsel unless prior permission is approved. Judge directs parties to confer on the 9 discovery issues raised by Cornell, as well as the separate issues raised by HP. Judge orders each party to simultaneously provide to the court statements concerning the outstanding Cornell discovery issues after parties conferred by 5/9/03. As to HP's outstanding discovery issues, HP has until 4/25/03 to submit by fax what issues remain. Cornell has until 5/9/03 to submit a response to HP's discovery issues. Judge limits ALL of these submissions to10 pages. NO REPLIES ARE PERMITTED. Judge cancels TC scheduled for 5/15/03 at 3:00 p.m.. In-Person Conference is scheduled to address all outstanding discovery issues for 5/14/03 at 10:30 a.m. & will last approx. the full day. set Pretrial Conference for 10:30 5/14/03 APP: Denise McKenzie, Esq., Edward Poplawski, Esq., Licia Vaughn, Esq., Stewart Brown, Esq., & Robert Barrer, Esq.. Clerk/ECRO: Shelly Lazzaro (sal) Modified on 04/10/2003
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Filing 87
SCHEDULING ORDER: reset Pretrial Telephone Conference for 4/9/03 at 12:00 noon , plaintiffs' attorney to initiate the call. (Signed by Magistrate Judge David E. Peebles) (jmb)
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| Filing 85 LETTER/NOTICE dated 3/12/03; Letter addressed to Court Clerk Daniel McAllister from Stewart Brown, Esq. for deft. Hewlett Packard Co.; Counsel writes in response to pltfs. 3/4/03 letter re: their proposal for the Markman Hearing; Counsel advises that they value the opportunity to give a complete markman hearing, rather that one broken into two parts, as pltf. proposes; Counsel also objects to pltfs. request that they be permitted to introduce live/deposition testimony (kcl) (lmw, ). |
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Filing 86
SCHEDULING ORDER: set at Telephone Pretrial Conference for 4/2/03 at 2:00 PM , plaintiff shall initiate the conference call. (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 03/20/2003
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| Filing 84 Minute entry: Discovery dispute held before Judge Peebles via telephone. Atty. Poplawski indicates there are 4 issues at hand. One is the manufacture supply license communication between IBM, Intel & HP. Atty. Poplawski advises that he has not received any documents from HP & they are blocking IBM & Intel from sending any documents to counsel. Second issue is that documents concerning HP processors & damage figures have not been provided to counsel. Atty. Poplawski requests electronic files from HP re: drawings & diagrams. Third issue is that there has been no response to HP processors & their tracking. Fourth issue is that they served in November interrogatories and have not received a response, to date. Atty. Brown requests to respond to all of this by letter. Judge orders parties each provide submissions to the court advising efforts made to confer & narrow the issues. Cornell has by the close of business on 3/14/03 to respond; HP has until 3/21/03 to reply; and Cornell has until 3/28/03 to respond to HP's cross-motion to compel discovery. TC is scheduled for 4/2/03 at 2:00 p.m.. Atty. Poplawski to place the call. set Pretrial Conference for 2:00 4/2/03 APP: Edward Poplawski, Esq., Denise McKenzie, Esq., Stewart Brown, Esq. & Licia Vaughn, Esq.. Clerk/ECRO: Shelly Lazzaro (sal) |
| Filing 83 LETTER/NOTICE dated 4/3/03; Letter addressed to Clerk Daniel McAllister from Edward Poplawski, Esq. for pltfs Cornell Research, Cornell University; Per the Courts directon Counsel submits proposed fromat for the Markman hearing and reasons why pltfs. format should be adopted over defts. proposed format (kcl) (lmw, ). |
| Filing 82 LETTER/NOTICE dated 2/27/03; Letter addressed to Clerk Daniel McAllister from Stewart Brown, Esq., counsel for deft. Hewlett Packard Co.; Pursuant to the Court's instruction, counsel sets forth Hewlett Packard's Proposed format for the Markman Hearing, along w/ an outline of the benefits associated w/ Hewlett Packard's proposal and comments re: pltfs proposal (kcl) (lmw, ). |
| Filing 81 LETTER/NOTICE dated 2/6/03; Letter addressed to MJ Peebles from Edward Poplawski, Esq. for Cornell Research, Cornell University; Per [79-1] Order, attachments 4 and 5 are filed under seal (kcl) (lmw, ). |
| Filing 80 LETTER/NOTICE dated 2/6/03; Letter addressed to MJ Peebles from John Allcock, Esq. for Hewlett Packard Co.; Letter stating Heweltt Packard's position in regard to the unredacted drafts of Mr. Smith's declaration in support of Cornell's Markman Brief; Attachments (kcl) (lmw, ). |
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Filing 79
ORDER: It is hereby ordered that defts request for an order compellingDiscovery is denied; Pltfs. application for a protective order sheilding from discovery unredacted copies of documents bearing Bates nos. CR0310900, CR0310901, and CR0310919 is hereby Grated; Lastly, the Clerk is to docket letters dated 2/6/03 of John Allcok, Esq., with attachments, and 2/6/03 letter of Edward Poplawski, Esq., with attachments, except the redacted materials included for incamers inspection only, found at Attachments 4 and 5 to the Poplawski letter, shall be filed by the Court under seal; So Ordered ( signed by Magistrate Judge David E. Peebles 2/7/03 ) (kcl)
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| Filing 78 Minute entry: Tape Recorded Discovery dispute held before Judge Peebles. Parties have submitted to the court 1) Final Declaration; & 2) tutorial w/ redactions for "in camera" review. Judge hears arguments from both sides. Judge orders that Pltfs.' application for a protective order shielding from discovery unredacted copies of documents be granted. APP: Edward Poplawski, Esq., Denise McKenzie, Esq., John Allcock, Esq., Barry Shelton, Esq. & Robert Barrer, Esq.. Court Reporter/ECRO: Shelly Lazzaro (sal) |
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Filing 77
Minute entry: Discovery dispute Telephone Conf. held before Judge Peebles. Dr. Smith's deposition is scheduled for tomorrow at 1:00 p.m.. However, parties report that there are discovery disputes that need the court's intervention. Pltfs. attys'. make an application for a protective order shielding from discovery unredacted copies of documents. Defense counsel objects to this. Judge orders parties to submit 1) final declaration; & 2) tutorial w/ redactions for "in camera" review. Parties will overnight this information or submit by fax. Judge schedules another conf. regarding this issue for 11:30 a.m. on 2/7/03. set Pretrial Conference for 11:30 2/7/03 APP: Edward Poplawski, Esq., Denise McKenzie, Esq., John Allcock, Esq. & Barry Shelton, Esq. & Robert Barrer, Esq.. Clerk/ECRO: Shelly Lazzaro (sal)
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| Filing 76 Scheduling Notice; Letter advising counsel for parties that the Court has set a Pretrial telephone Conference for 3:00 5/15/03 with MJ Peebles; Plaintiffs atty. is to initiate the call; Notice sent by MJ Peebles (kcl) |
| Filing 75 Minute entry of pretrial conference before MJ Peebles; App: Edward Poplawski and Denise McKenzie, Esqs. for pltfs., Licia Vaughn and John Allcock, Robert Barrer, Esqs. for deft., Clerk C. McNulty; Parties report that the Markman hearing is scheduled to be held on 4/29, 4/30, and 4/31 if needed; Parties do not forsee difficulty in the current scheduled depending on when the decision on claim construction issues is received; Next Pretrial Conference set for 3:00 5/15/03 (kcl) |
| Pre-trial conference held (kcl) |
| Filing 74 Scheduling Notice: Letter advising counsel for parties that the court has set a Markman Hearing for 4/29/03 at 9:30 in Syracuse before Judge Mordue; Parties are to submit an agreed upon format to the Court for reviwe by 2/24/03; If that cannot be accomplished, Judge Mordue will schedule a telephone conference to reslove that issue; Notice sent by Clerk Daniel McAllister (kcl) (lmw, ). |
| Filing 73 LETTER/NOTICE dated 1/16/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue from Valerie Cross, Esq., counsel fro pltfs. Cornell Research, Cornell University; Counsel confirms conversation w/ Clerk re: the scheduling of the Markman hearing; The Parties have agreed to hold the hearings on April 29, 30 and May 1st of 2003; Counsel notes that expert depositions are to take place on 1/29 and 30th of 2003 (kcl) (lmw, ). |
| Filing 72 LETTER/NOTICE dated 1/13/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue from Robert Barrer, Esq., counsel for deft. Hewlett Packard Co.; Counsel replies to Mr. Poplawski's letter dated 1/9/03; Counsel requests that rather that setting a tutorial hearing and a Markman hearing weeks between eachother, he suggest a two day hearing be set (kcl) (lmw, ). |
| Filing 71 LETTER/NOTICE dated 1/9/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue from Edward Poplawski, Esq., counsel for pltfs. Cornell Research, and Cornell University; Counsel responds to Mr. Barrer's letter dated 1/8/03; Counsel sets forth proposed dates for the Markman hearings, and also requests that teh courtconsider first having an informal tutorial session on the technology in which the parties' consultants and/or counsel would make presentations and answer questions from the Court (kcl) (lmw, ). |
| Filing 70 LETTER/NOTICE dated 1/8/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue form Robert Barrer, Esq., counsel for dft. Hewlett Packard Co.; Counsel writes the Court to request that the Court set a 2 day hearing to address the Markman issues; Counsel sets forth proposed dates (kcl) (lmw, ). |
| Filing 69 TRANSCRIPT of telephone Conferenece filed for the date of 8/22/02; Hearing held before MJ Peebles; Attached Index (kcl) (mnm, ). |
| Filing 68 SUPPLEMENTAL DECLARATION of James E. Smith, Esq. for pltfs. Cornell Research, Cornell University Re: response in opposition to Hewlett-Packard Company's Markman Brief (kcl) (lmw, ). |
| Filing 67 SUPPLEMENTAL MEMORANDUM by Edward Popalowski, Esq. for pltfs. Cornell Research, Cornell University in opposition to Hewlett-Packard Company's Markman Brief; Supplements document [53-1] (kcl) Modified on 11/04/2002. Document added on 6/18/08 - originl document is 2 pages and appears only to amend page 35 of Docket #53 . (lmw). |
| Filing 66 LETTER/NOTICE dated 10/18/02 by Eve Torres on behalf of plaintiffs Cornell Research, and Cornell University; Counsel for pltfs. requests that the court grant them leave to supplement their Memorandum and Affidavit file on 10/15/02 regarding the Markman Briefs; Law Clerk grants permission orally (kcl) (lmw, ). |
| Filing 65 Defendants objections to paragraphs 2-25 of the declaration of Denise McKenzie; and clarification re: paragraph 26 of the Declaration of Denise McKenzie (kcl) (lmw, ). |
| Filing 64 AFFIDAVIT of Michael Flynn, Esq. for defendant Hewlett Packard Co. Re: support of their Markman Brief; Attached Exhibits 1 and 2 (kcl) (lmw, ). |
| Filing 63 AFFIDAVIT of Barry Shelton, Esq. for defendant Hewlett Packard Co. Re: further support of defendants Markman Brief; Attached Exhibits A-C (kcl) (lmw, ). |
| Filing 62 REPLY Brief by John Allcock, Esq. for deft. Hewlett Packard Co. to response to Opposition to Hewlett-Packard Company's Markman Brief (kcl) (lmw, ). |
| Filing 61 Scheduling Notice: Letter advising counsel for parties that the Court has set a pretrial telephone conference for 1/24/02 at 3:30 with MJ Peebles; Defendants attorney is to initiate the call; Notice sent by MJ Peebles (kcl) |
| Filing 60 Minute entry: Telephone Conference held before Judge Peebles. Atty. Allcock notes that his reply papers to the Markman brief are due tomorrow. CRD to Judge Mordue indicated a hearing will be scheduled when this issue is fully briefed. Attorneys are directed to call Dan McAllister, CRD to Judge Mordue to schedule. Parties indicate they will be holding a discovery conference on Friday to discuss outstanding issues, including non-claim construction & infringement. Settlement was discussed before this claim was filed with no success. Parties believe settlement can be explored again after claim construction is disclosed. Next TC is scheduled for 1/24/03 at 3:30 p.m.. Defense counsel is to initiate the call. set Pretrial Conference for 3:30 1/24/03 Clerk/ECRO: Shelly Lazzaro (sal) |
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Filing 59
STIPULATION and ORDER by Denise McDenzie, Esq for the pltf and Barry Shelton, Esq for the deft, that the parties hereby stipulate to the construction of certain claim terms of United States Patent No. 4,807,115 (stipulated terms attached as Exhibit A); So Ordered. (signed by Judge Norman A. Mordue) (see)
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| Filing 58 Sealed Exhibits 1-28 to the Declaration of Denise McKenzie for pltfs Cornell Research, Cornell University re: Support of pltfs. Markman Brief; FILED UNDER SEAL in compliance with the 7/9/02 Protective Order (kcl) (jmb, ) |
| Filing 57 SECOND DECLARATION of Denise McKenzie for pltfs. Cornell Research, Cornell University Re: support of the markman brief (kcl) (lmw, ). |
| Filing 56 DECLARATION of Denise McKenzie for pltfs. Cornell Research, Cornell University Re: support of thier Markman Brief (kcl) (lmw, ). |
| Filing 55 Exhibit 3 to the Declaration of James Smith's in support of Cornell Research, Cornell University's Markman Brief (kcl) (lmw, ). |
| Filing 54 DECLARATION of James Smith for pltfs. Cornell Research, Cornell University Re: support of pltfs. Response to defendants Markman Brief (kcl) (lmw, ). |
| Filing 53 MARKMAN BRIEF by Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University in opposition to defendant's [49-1] Markman Brief (kcl) Modified on 10/16/2002 (lmw, ). |
| Filing 52 ANSWER TO [47-1] COUNTERCLAIM by Edward Poplawski, Esq. for pltfs./counter defts. Cornell Research, Cornell University; Attached Certificate of Service dated 10/1/02 (kcl) (lmw, ). |
| Filing 51 AFFIDAVIT of Michael Flynn for Hewlett Packard Co. Re: support of the [49-1] MARKMAN BRIEF; Attached Exhibits 1-10 memorandum (kcl) (Additional attachment(s) added on 6/17/2008: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (lmw, ). |
| Filing 50 AFFIDAVIT of Barry Shelton for Hewlett Packard Co. Re: support of the [49-1] MARKMAN BRIEF Attached Exhibits A-E (kcl) (mnm, ). |
| Filing 49 Defendant Hewlett Packard's MARKMAN BRIEF, signed by John Allcock, Esq. (kcl) (mnm, ). |
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Filing 48
SEALING ORDER: Sealing the attached Declaration with exhibits (Signed by Magistrate Judge David E. Peebles 9/25/02) (kcl) (jmb, )
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| Filing 47 COUNTERCLAIM by Robert Barrer, Esq. for deft. Hewlett Packard Co. against Cornell Research, Cornell University (attached within the [47-1] Answer to Amended Complaint) (kcl) |
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Filing 46
LETTER/REQUEST dated 9/17/02 and ORDER; Letter addressed to MJ Peebles from Edward Poplawski, Esq.; Counsel requests o/b/o pltfs. that the Court allow pltfs. an extension of time to respond to defendant's Markman Brief; So Ordered, Pltfs Markman Brief due 10/15/02, defendants reply Markman Brief is due 10/29/02, no further extensions will be granted ( signed by Magistrate Judge David E. Peebles 9/18/02 ) (kcl)
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Filing 45
LETTER/REQUEST dated 9/10/02 and ORDER; Letter addressed to District Judge Mordue from Robert Barrer, Esq.; Counsel requests on behalf of both parties that the court allow counselors Leave to File 50 page briefs in connection w/ the Markman-type hearings; So Ordered ( signed by Judge Norman A. Mordue 9/16/02 ) (kcl)
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| Filing 44 TRANSCRIPT of hearing before MJ Peebles filed for the date of 8/28/02; Attached Index (kcl) (mnm, ). |
| Filing 43 DEMAND for jury trial by Cornell Research, Cornell University attached to Amended Complaint (kcl) |
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Filing 42
ORDER: the dates contained in the amended Markman briefing scheduled (docket[26-1]) are amended as follows; defts Markman materials are due 9/13/02; Pltfs Markman Materials are due 10/4/02; Reply/rebuttal materials are due 10/18/02; These days shall not be amended unless good cause has been shown to do so; A Markman hearing may be scheduled after the briefing by District Judge Mordue, if deemed necessary ( signed by Magistrate Judge David E. Peebles 8/29/02 ) (kcl)
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Filing 41
ORDER: Plaintiff's [18-1] motion to Amend [1-1] complaint is granted to the extent that plaintiff shall be permitted to add the allegations of paragraph 8,10 and 11 of thier proposed amended Complaint, but the [18-1] motion is otherwise denied with regard to allegations contained in paragraphs 16 through 31 of thier proposed amended complaint Plaintiff must within 10 days of the service of this order, file with the Court an amended complaint to include the additional allegations of prargraphs 8, 10 and 11, and are to exclude those set forth in paragraphs 16-31; So Ordered ( signed by Magistrate Judge David E. Peebles 8/29/02 ) (kcl) Modified on 08/30/2002
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| Filing 40 Scheduling Notice: Letter advising counsel for parties that the Court has rescheduled the 9/4/02 pretrial conference to 3:30 on 10/28/02 via telephone with MJ Peebles; Plaintiffs attorney is to initiate the call; Notice sent by MJ Peebles 8/29/02 (kcl) |
| Filing 39 Minute entry: MOTION HEARING HELD BEFORE JUDGE PEEBLES RE: MOTION TO AMEND THE COMPLAINT. Judge hears oral argument from both sides. Hewlett Packard does not object to allowing paragraphs 8, 10 & 11 into the amended complaint. Judge grants portion of motion which addresses paragraphs 8,10, & 11. Judge denies portion of motion to amend which addresses paragraphs 16-31 of the amended complaint. Atty. Allcock requests an extension of time to file brief that is due on 8/30/02 re: claim construction. Cornell objects to this request. Judge grants Hewlett Packard's request and extends time to file brief until 9/13/02. Briefing schedule is set: Cornell's response ddl. is 10/4/02 and rebuttal brief is due by 10/18/02. APP: Nelson Roth, Esq., David Miyamoto, Esq., John Allcock, Esq., & Robert Barrer, Esq.. Time: 9:30 a.m. - 10:30 a.m. Clerk/ECRO: Shelly Lazzaro (sal) (lmw, ). |
| Filing 37 REPLY MEMORANDUM by Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University to response to [18-1] motion to Amend [1-1] complaint (kcl) (lmw, ). |
| Filing 36 LETTER BRIEF/STATUS REPORT dated 8/5/02 by Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University regarding Discovery Dispute; Attached Appendices A and B (kcl) (mnm, ). |
| Filing 38 Minute entry: Discovery Conference held before Judge Peebles. Hewlett Packard's dispute relates to interrogatories 1,3, & 13 where Cornell will identify HP products that are infringing. Cornell states that they have given a detailed claim construction & identified the infringing products. Hewlett Packard believes that the parties can sit down and try to determine which claims are generally disputed and which are not. Cornell still would like documents related to claim construction (document request no. 33). In response, Hewlett Packard indicates that it agreed to produce all documents concerning claim construction, however, it will not rely on any documents accept for purposes of supporting its claims construction and will send a letter by close of business 8/23/02 to that affect to Cornell. Cornell accepts this compromise. On the issue of improper designation of documents as confidential under Rule 26(c) protective order, Judge indicated that this can be worked out among the parties and they agreed. Judge provided guidance by stating that more particulars would be needed in order to make a ruling on a document by document basis. Judge will sanction a party if any abuse to the protective order is shown. If this should happen, an in-person hearing will be scheduled. Judge accepts Hewlett Packard's proposal to defer issues until parties are at impasse. Parties agree to meet on 8/27/02 at 10:00 a.m. to discuss these issues before requesting a conference w/ the court. APP: Edward Poplawski, Esq. & Denise McKenzie, Esq. for Pltf's. & Stewart Brown, Esq., Licia Vaughn, Esq., Barry Shelton, Esq., Robert Barrer, Esq. for Defts.. Clerk/ECRO: Shelly Lazzaro (sal) (lmw, ). |
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Filing 35
LETTER/REQUEST dated 8/16/02 and ORDER; Letter addressed to MJ Peebles from David Miyamoto, Esq., for pltfs.; Counsel requests Leave of Court to File a Reply Memorandum in regard to the [18-1] Motion to Amend; So Ordered, Plaf. may file a 5 page reply Brief by 8/23/02 re: the [18-1] motion to Amend [1-1] complaint ( signed by Magistrate Judge David E. Peebles 8/19/02 ) (kcl)
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| Filing 34 LETTER/BRIEF/STATUS REPORT dated 8/12/02 by Denise McKenzie, Esq. for pltfs. Cornell Research, Cornell University in opposition to defendants 8/5/02 letter brief; Attached Exhibits A-P (mnm). (Additional attachment(s) added on 6/16/2009: #1 Part 2 - Ex H-P) (mnm). |
| Filing 33 Scheduling Notice: Notice advising counsel for parties that the Court has reset the 8/21/02 Discovery Telephone Conference to 11:30 on 8/22/02 ; Pltfs. Counsel is to initiate the call; Notice sent by MJ Peebles (kcl) |
| Filing 32 Defendant's Request for Judicial Notice in support of its Opposition to pltfs. Motion to Amend their Complaint; Submitted by Robert Barrer, Esq.; Attached Exhibits A-D (kcl) (lmw, ). |
| Filing 31 MEMORANDUM OF LAW by Robert Barrer, Esq. for deft. Hewlett Packard Co. in opposition to [18-1] motion to Amend [1-1] complaint (kcl) (lmw, ). |
| Filing 30 SUPPLEMENTAL DECLARATION of Lucia Vaughn, Esq. for deft. Hewlett Packard Co. Re: Discovery issued; Attached Exhibits A-L (kcl) (mnm, ). |
| Filing 29 LETTER BRIEF/STATUS REPORT dated 8/12/02 by Stuart Brown, Esq. for deft. Hewlett Packard Co.; Letter in response to pltfs. 8/5/02 letter (kcl) (mnm, ). (Additional attachment(s) added on 6/16/2009: # 1 letter Ex A-L) (mnm, ). |
| Filing 28 DECLARATION of Lucia Vaughn, Esq. for dft. Hewlett Packard Co. Re: Discovery Issues; Attached Exhibits A-F (kcl) (mnm, ). |
| Filing 27 LETTER BRIEF/STATUS REPORT dated 8/5/02 by Stewart Brown, Esq. for Hewlett-Packard Co.; Letter submitted regarding disputed issues between parties needing resolution before claim construction briefing begins (kcl) (lmw, ). |
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Filing 26
ORDER: The Uniform Pretrial Order is amended as follows: Defts Markman Discovery materials are due 8/30/02; Pltfs Markman Discovery materials are due 9/20/02; Defts rebuttal/reply materials are due 10/4/02; All except the foregoing dates contained in the Uniform Pretrial Order shall reamin the same ( signed by Magistrate Judge David E. Peebles 8/1/02 ) (kcl)
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| Filing 25 Scheduling Notice: Letter advising counsel for parties that the Court has scheduled a Telephone Conference for 12:00 8/21/02 with MJ Peebles; Pltfs. attorney is to initiate the call; Notice sent by MJ Peebles 8/1/02 (kcl) |
| Filing 24 Minute entry of taped Discovery Telephone Conference before MJ Peebles; App: Edward Poplawski, and Denise McKenzie, Esqs. for pltf., John Allcock, Esq. for deft., Clerk C. McNulty; Parties agreed that briefing scheduled set forth in Amended Uniform Pretrial Order with discovery attachment be extended out 14 days; Next telephone conference is scheduled for 8/21/02 at 12:00 (pltf to initiate) (kcl) |
| Discovery hearing held (kcl) |
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Filing 23
ORDER; The Court has reset Joining of Parties Deadline to 11/1/02 , and reset Amended Pleadings deadline to 11/1/02 ; All other dates in the Uniform Pretrial Order shall remain the same unless good cause is shown to change them ( signed by Magistrate Judge David E. Peebles 7/10/02 ) (kcl)
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Filing 21
Protective Order on behalf of Hewlett Packard Co., Cornell Research, Cornell University: Any document listed as "Confidential" shall be deemed as such and filed under seal with the Court; Pursuant to this protective Order there shall be 2 levels of confidentiality: Level 1 is accessible only by "Qualified persons" (listed within the protective Order); Confidentiality Level 2 shall be accessible to anyone deemed necessary by a party's counsel for prosecution, defense, settlement or preparation for trial; So Ordered ( signed by Magistrate Judge David E. Peebles 7/9/02 ) (kcl)
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| Filing 22 Minute entry of Discovery Teleconference held before MJ Peebles via telephone; App: Nelson Roth, Esq., Ed Poplawski, Esq., Denise McKenzie, Esq., David Miyamoto, Esq., and Tony Raphel, Esq. for pltf., Robert Barrer, Esq. for deft., John Allcock, Esq. for deft., Clerk C. McNulty; Several discovery issues were discussed including a protective order that the parties did agree on after Atty. Poplawski read language being inserted in to the order at the conference; Partie informed MJ Peebles that he should have the protective order for his signature w/ a few days; It was decided that the deposition if Dr. Torng will be taken on 7/23/02 and two 30(b)(6) witnesses will be deposed on 7/15/and 7/16 2002; MJ peebles will issue a short order extending the Amendment of pleadings and joinder of parties deadline to 11/1/02 (kcl) |
| Discovery hearing held (kcl) |
| Filing 20 AFFIDAVIT of Antoine Raphel, Esq. for pltfs. Cornell Research, Cornell University Re: Support of the [18-1] motion to Amend [1-1] complaint; Attached Exhibits 1-3 and A-D (kcl) (lmw, ). |
| Filing 19 MEMORANDUM OF LAW by Valerie Cross, Esq. for pltfs. Cornell Research, Cornell University in support of [18-1] motion to Amend [1-1] complaint (kcl) (lmw, ). |
| Filing 18 MOTION by Valerie Cross, Esq. for pltfs. Cornell Research, Cornell University to Amend [1-1] complaint , Hearing set for 9:30 8/28/02, Response Deadline 8/14/02 Motion returnable before Magistrate Judge Peebles (kcl) (lmw, ). |
| Filing 17 Minute entry: DISCOVERY CONF. HELD BEFORE JUDGE PEEBLES. Parties have submitted briefs now before the court concerning scope of proposed protective order, and Judge P. hears oral argument from both sides. Judge P. finds that Messgrs. Roth, Kimberly & Mingle, in-house counsel at Cornell, should have access to documents marked "Attorneys' Eyes Only", without prejudice to HP's right to return to court with more specific information regarding these attorneys' roles or with a specific instance in which they should be precluded from viewing these documents. Judge approves two-tiered protective order, consisting of documents marked "Attorneys' Eyes Only" and "Confidential", without prejudice to Cornell's right to return to court to challenge HP's designation of documents as "Attorneys' Eyes Only" instead of "Confidential." Judge permits inventor Torng to see documents marked "Attorneys' Eyes Only", but only after he is disposed by HP. Parties to submit proposed protective order within a week. APP: Nelson Roth, Esq., Edward Poplawski, Esq., Denise McKenzie, Esq. & Tony Raphael, Esq. for Pltfs.. Robert Barrer, Esq., Stewart Brown, Esq., Licia Vaughn, Esq., and Barry Shelton for Defts.. (sal) (lmw, ). |
| Filing 16 LETTER/NOTICE dated 5/2/02 by Stewart Brown, Esq. for deft. Hewlett Packard Co.; Letter replies to plaintiffs letter in opposition dated 4/18/02 to defts. 4/2/02 letter; Counsel attached propsed Order for the Court's consideration (kcl) (mnm, ). |
| Filing 15 LETTER/NOTICE dated 4/18/02 by Edward Popawlski, Esq. for pltfs. Cornell Research, Cornell; Letter responds to defts. 4/2/02 letter; Counsel states reasons why they believe that their in-house counsel and experts should have access to Confidential Information; Attached Declarations of Nelson Roth, James Severson, and Dr. HWA Torng (kcl) (mnm, ). |
| Filing 14 LETTER/NOTICE dated 4/2/02 by Stewart Brown, Esq. for deft. Hewlett Packard Co.; Letter addressed to MJ Peebles advising that deft. "HP" belives they have good cause to shield their Confidential Information from Pltfs in-house counsel and in-house experts; Attached Hard Disk (kcl) Modified on 06/11/2002 (mnm, ). |
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Filing 13
ORDER granting [12-1] motion for Barry K. Shelton to Appear Pro Hac Vice ( signed by Magistrate Judge David E. Peebles 5/21/02 ) (kcl)
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| Filing 12 MOTION by Robert Barrer, Esq. for pltf. Hewlett Packard Co. for Barry K. Shelton to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Peebles (kcl) (lmw, ). |
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Filing 11
Uniform Pretrial Order; Length of Trial: 5-10 days; Trial Location: Syracuse; Venue and Jurisdiction Motions Deadline is 6/8/02; Joining of Parties Deadline 7/3/02; Amending of Pleadings Deadline 7/3/02; Discovery Deadline 8/29/03; Motion Filing Deadline 11/28/03; Jury to be set by Judge Mordue. (Signed by Magistrate Judge David E. Peebles) (jlm)
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| Filing 10 Scheduling Notice setting a Telephone Pretrial Conference for 3:00 on 9/4/02 with Mag. Judge Peebles. (jlm) |
| Filing 9 Minute entry of Rule 16 Conference with Mag. Judge Peebles, APPR: Nelson Roth, Esq and Edward G. Poplawski, Esq for pltfs; Robert A. Barrer, Esq, John Allcock, Esq, and Stewart Brown, Esq for defts. Court Clerk: Kerrie Barney (jlm) (lmw, ). |
| RULE 16 Status conference held with Mag. Judge Peebles (jlm) |
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Filing 8
ORDER granting the [7-1] motion for Edward G. Poplawski, Denise L. McKenzie, David T. Miyamoto to Appear Pro Hac Vice on behalf of plts; that the above Attys are admitted pro hac vice to the bar of this court for the purposes of appearing in this action. (signed by Magistrate Judge David E. Peebles) (see) (Additional attachment(s) added on 6/3/2008: #1 order) (lmw, ).
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| Filing 7 MOTION by Nelson E. Roth, Esq for Cornell Research, and Cornell University, for Edward G. Poplawski, Denise L. McKenzie, David T. Miyamoto to Appear Pro Hac Vice on behalf of plts . Motion returnable before Mag. Judge: Peebles (jlm) (lmw, ). |
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Filing 6
ORDER granting [5-1] motion for John Allcock, Stewart Murray Brown, Licia E. Vaughn, and John E. Giust to Appear Pro Hac Vice on behalf of deft Hewlett Packard Co (signed by Magistrate Judge David E. Peebles) Date Entered: 3/14/02 (jlm) (Additional attachment(s) added on 6/3/2008: #1 order) (lmw, ).
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| Filing 5 MOTION by Robert Barrer, Esq for Hewlett Packard Co. for John Allcock, Stewart Murray Brown, Licia E. Vaughn, John E. Giust to Appear Pro Hac Vice on behalf of Hewlett Packard Co with supporting documentation. Motion returnable before Mag. Judge Peebles. (see) Modified on 03/12/2002 (lmw, ). |
| Filing 4 ANSWER by James Mingle, Esq for Cornell Research and Cornell University to [3-2] counter claim. (see) Modified on 02/13/2002 (lmw, ). |
| Filing 3 ANSWER to Complaint; jury demand and COUNTERCLAIM by Hewlett Packard Co. (Attorney Robert Barrer) against Cornell Research, and Cornell University. (see) Additional attachment(s) added on 12/20/2005 (tlp, ). |
| Filing 2 SUMMONS Returned Executed with attached Affidavit of Service as to Hewlett Packard Co., served upon Paula Kash at C T Corporation System as a registered agent for Hewlett-Packard Co., on 1/3/02: Answer due on 1/23/02 for Hewlett Packard Co. (see) (lmw, ). |
| Copies of the Complaint and Docket Sheet were sent to the Commissioner of Patents/Trademarks. (jt) |
| Filing 1 COMPLAINT filed; FILING FEE $ 150 RECEIPT # 60666 ; Service deadline 2/25/02 for Hewlett Packard Co. (jt) (lmw, ). (Additional attachment(s) added on 6/12/2018: #1 Civil Cover Sheet) (rjb, ). |
| SUMMONS(ES) issued for Hewlett Packard Co. (jt) |
| Filing Order Issued; Conference set before Magistrate Judge David E. Peebles in Syracuse, Status Conference at 11:30 4/4/02 , Deadline for filing Case Management Plan, 3/25/02 (jt) |
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