Carberry Corporation, et al v. Land O'Lakes, Inc.
| Carberry Corporation and William T. Pordy |
| Land O'Lakes, Inc. |
| 1:2001cv00579 |
| January 23, 2001 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jed S Rakoff |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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| Filing 187 Satisfaction of Judgment #062217 in the amount of $36,838.64 in favor of Land O'Lakes; satisfaction of judgment for costs is hereby acknowledged and the clerk of the court is authorized and directed to cancel, satisfy, and discharge the judgment for costs. Document filed by Land O'Lakes, Inc.. (dle) |
| Filing 186 BILL OF COSTS docketed as Judgment #06,2217 on 10/16/06 in favor of deft Land O'Lakes against plaintiffs William Pordy and Carberry Corp for the sum of $36,838.64.(cd, ) |
| Filing 185 Plaintiffs' Objection to Defendant's Requests for Costs. Document filed by Carberry Corporation, William T. Pordy. (jmi, ) |
| Filing 184 DEFENDANT LAND O'LAKES, INC. REQUEST FOR COSTS AND NOTICE of Hearing: Defendant Land O'Lakes, Inc. as the prevailing party pursuant to the judgment entered on July 7, 2005 and affirmed by the United States Court of Appeals for the Federal Circuit on mandate filed on September 15, 2006, will move the Court, at Room 370, 500 Pearl Street, New York, New York, at 10:00 a.m. on October 12, 2006, or as soon therafter as counsel can be heard, to recover jointly and severally from plaintiffs William T. Pordy and Carberry Corporation taxable costs, pursuant to Fed.R.Civ.P.54(c) and Local Civil Rule 54.1, incurred in this lawsuit. (jmi, ) |
| Transmission of USCA Mandate/Order to the District Judge re: 183 USCA Mandate,. (nd, ) |
| Filing 183 MANDATE of USCA for the Federal Circuit (Certified Copy) as to 178 Notice of Appeal, filed by Carberry Corporation,, William T. Pordy,, 180 Notice of Appeal to the Federal Circuit, filed by Land O'Lakes, Inc., USCA Case Number 05-1548, 05-1573. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Jan Horbaly, Clerk USCA for the Federal Circuit. Issued As Mandate: 9/8/2006. (nd, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Telephone Conference held on 1/25/2006. (jco, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Telephone Conference held on 11/10/2005. (jco, ) |
| Filing 182 USCA for the Federal Court Case Number 05-1573 from the USCA for the Federal Court assigned to 178 Notice of Appeal, filed by Carberry Corporation,, William T. Pordy,. (nd, ) |
| Filing 181 TRANSCRIPT of proceedings held on 5/17/2005 before Judge Jed S. Rakoff. (jar, ) |
| Transmission of Notice of Cross-Appeal to the District Judge re: 180 Notice of cross-Appeal to the Federal Circuit. (tp, ) |
| Transmission of Notice of Cross-Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 180 Notice of Cross-Appeal to the Federal Circuit. (tp, ) |
| USCA Case Number 05-1548 from the USCA for the Federal Circuit assigned to 178 Notice of Appeal, filed by Carberry Corporation, William T. Pordy. (tp, ) |
| Filing 180 NOTICE OF CROSS-APPEAL TO THE FEDERAL CIRCUIT from 170 Judgment. Document filed by Land O'Lakes, Inc. Filing fee $ 255.00, receipt number E 554285. Copies of Notice of Cross-Appeal to the Federal Circuit mailed to Attorney(s) of Record: McKee, Voorhees & Sease. (tp, ) |
| Filing 179 RESPONSE AND RESERVATION of Objections to Defendant Land O'Lakes, Inc.'s Requests for Costs and Notice of Hearing. Document filed by Carberry Corporation, William T. Pordy. (ae, ) |
| Filing 178 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 170 Judgment. Document filed by Carberry Corporation, William T. Pordy. Filing fee $ 255.00, receipt number E 553484. Copies of Notice of Appeal mailed to Attorney(s) of Record: Dorsey & Whitney LLP, Shewchuk IP Services. (nd, ) Modified on 8/26/2005 (nd, ). |
| Transmission of Notice of Appeal to the District Judge re: 178 Notice of Appeal,. (nd, ) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: 178 Notice of Appeal,. (nd, ) |
Filing 177
ORDER;... Accordingly, without multiplying examples, the court denied both parties' respective motions for summary judgment given the many genuine issues of material fact that remained to be reached by the jury -- as they ultimately were. (Signed by Judge Jed S. Rakoff on 8/8/05) (djc, )
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Filing 176
ORDER denying 174 Motion for Judgment . (Signed by Judge Jed S. Rakoff on 8/8/05) (djc, )
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| Filing 175 DEFENDNAT LAND O'LAKES, Inc. MEMORANDUM OF LAW in Opposition to Plaintiffs' re: 174 MOTION (FILED ON SERVICE DATE) for Judgment.. Document filed by Land O'Lakes, Inc.. (jmi, ) |
| Filing 174 PLAINTIFF'S MOTION (FILED ON SERVICE DATE) for Judgment as a Matter of Law and Memorandum in Support thereof. Document filed by Carberry Corporation, William T. Pordy. (jmi, ) |
| Filing 173 DEFENDANT'S OFFER OF PROOF ON 102(g) DEFENSE. Document filed by Land O'Lakes, Inc.. (mde, ) |
| Filing 171 TRANSCRIPT of proceedings held on June 28, 29, 30, 2005 before Judge Jed S. Rakoff. (lma, ) |
| Filing 170 FINAL JUDGMENT dismissing the complaint, with prejudice, in favor of defendant. (Signed by Judge Jed S. Rakoff on 7/1/05) (ml, ) |
| Filing 172 DEFENDANT'S OFFER OF PROOF ON 102(g) DEFENSE. Document filed by Land O'Lakes, Inc.. (mde, ) |
| Filing 169 Proposed Pretrial Consent Order. Document filed by Land O'Lakes, Inc.(db, ) |
| Filing 168 Jury Charge. The Court's Instructions of Law to the Jury.(db, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Jury Verdict on 6/30/2005. See Attachment. (db, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Jury Trial held on 6/29/2005. (db, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Jury Trial held on 6/28/2005. (db, ) |
| Filing 167 PLAINTIFFS' TRIAL MEMORANDUM OF LAW Re Admissibility of Defendant's Development of Infringing Product. Document filed by Land O'Lakes, Inc.. (jmi, ) |
| Filing 166 PLAINTIFFS' TRIAL MEMORANDUM OF LAW RE: Admissibility of Dr. Metzger's Testimony and Comparative and Sensory Testing Data. Document filed by Land O'Lakes, Inc.. (jmi, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Jury Trial begun on 6/27/2005. (db, ) |
| Filing 165 Proposed Voir Dire Questions. Document filed by Carberry Corporation, William T. Pordy.(pl, ) |
| Filing 164 Proposed Jury Instructions. Document filed by Land O'Lakes, Inc.. Received in the night deposit box on 6/20/05 at 6:01 p.m.(sac, ) |
| Filing 163 DEFENDANT'S PROPOSED SPECIAL VERDICT FORM. Received in the night deposit box on 6/20/05 at 6:01 p.m..(sac, ) |
| Filing 162 Plaintiffs' PROPOSED VERDICT FORM.(sac, ) |
| Filing 161 Proposed Pretrial Consent Order. Received in the night deposit box on 6/20/05 at 6:01 p.m..(sac, ) |
| Filing 160 Proposed Jury Instructions. Document filed by Carberry Corporation, William T. Pordy.(sac, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Oral Argument held on 6/1/2005 re: 133 MOTION (FILED ON SERVICE DATE) in Limine. filed by Carberry Corporation,, William T. Pordy,. (dle, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Telephone Conference held on 5/25/2005. (db, ) |
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Filing 158
ORDER denying 135 Motion for Summary Judgment, denying 138 Motion for Summary Judgment. The trial, which will commence on 6/27/05 at 9:00 a.m., will be limited solely to the question of anticipation of Claims 1 and 19 of U.S. Patent No. 5,480,670. A memorandum setting forth the reasons for these rulings will issue in due course. (Signed by Judge Jed S. Rakoff on 5/18/05) (kw, )
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| Minute Entry for proceedings held before Judge Jed S. Rakoff : Oral Argument held on 5/17/2005 re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment. filed by Land O'Lakes, Inc.,. (dle, ) |
| Filing 159 DECLARATION of William T. Pordy in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment. Document filed by Carberry Corporation, William T. Pordy. (ae, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Telephone Conference held on 5/12/2005. (kw, ) |
| Filing 157 APPENDIX to 156 Reply Brief in Support of Motion. Document filed by Carberry Corporation, William T. Pordy.(ae, ) |
| Filing 156 REPLY BRIEF in Support re: 133 MOTION (FILED ON SERVICE DATE) in Limine. Document filed by Carberry Corporation, William T. Pordy. (ae, ) |
| Filing 155 REPLY BRIEF in Support of re: 135 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Carberry Corporation, William T. Pordy. (ae, ) |
| Filing 154 RULE 56.1 STATEMENT. Document filed by Land O'Lakes, Inc.. (pf, ) |
| Filing 153 THIRD DECLARATION of Mark S. Sullivan in Support re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Land O'Lakes, Inc.. (pf, ) |
| Filing 152 REPLY MEMORANDUM OF LAW in Support re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Land O'Lakes, Inc.. (pf, ) |
| CASHIERS OFFICE REMARK on 145 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 5/2/2005, Receipt Number 542147. (gm, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Telephone Conference held on 5/2/2005. (db, ) |
| Filing 151 COUNTER STATEMENT TO defts Rule 56.1 Statement. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| Filing 150 MEMORANDUM OF LAW in Opposition re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| Filing 149 DECLARATION of Mark S. Sullivan in Opposition re: 135 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 133 MOTION (FILED ON SERVICE DATE) in Limine. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 148 MEMORANDUM OF LAW in Opposition re: 133 MOTION (FILED ON SERVICE DATE) in Limine. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 147 RULE 56.1 STATEMENT. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 146 MEMORANDUM OF LAW in Opposition re: 135 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Land O'Lakes, Inc.. (jp, ) |
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Filing 145
ORDER; granting 144 Motion for John J. Brogan to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/26/05) (sac, )
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| Transmission to Attorney Admissions Clerk. Transmitted re: 145 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, ) |
| Filing 143 RULE 56.1 STATEMENT. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 142 DECLARATION of Derrick Slagle re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 141 DECLARATION of Mark S. Sullivan in Support re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 140 DECLARATION of Lloyd E. Metzger in Support re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 139 MEMORANDUM OF LAW in Support re: 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Land O'Lakes, Inc.. (jp, ) |
| Filing 138 MOTION (FILED ON SERVICE DATE) for Summary Judgment of non-infringement and invalidity of US patents 5,480,670. Document filed by Land O'Lakes, Inc.. Return Date set for 5/13/2005. (jp, ) |
| Filing 137 MEMORANDUM OF LAW in Support re: 135 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| Filing 136 RULE 56.1 STATEMENT. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| Filing 134 MEMORANDUM OF LAW in Support re: 133 MOTION (FILED ON SERVICE DATE) in Limine.. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| Filing 135 MOTION (FILED ON SERVICE DATE) for Summary Judgment against deft Land O'Lakes, Inc. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| Filing 133 MOTION (FILED ON SERVICE DATE) in Limine for an Order excluding additional witnesses and evidence on remand trial of anticipation. Document filed by Carberry Corporation, William T. Pordy. (jp, ) |
| CASHIERS OFFICE REMARK on 132 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 3/15/05, Receipt Number 537600. (mlo, ) |
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Filing 132
ORDER granting 130 Motion for Craig D. Diviney and Gerald H. Sullivan to Appear Pro Hac Vice . (Signed by Judge Jed S. Rakoff on 2/14/2005) (jsa, )
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| Filing 131 NOTICE of Appearance by Mark Stephen Sullivan on behalf of Land O'Lakes, Inc., Land O'Lakes, Inc. (djc, ) |
| Filing 130 MOTION (FILED ON SERVICE DATE) for Craig D. Diviney and Gerald H. Sulllivan to Appear Pro Hac Vice. Document filed by Land O'Lakes, Inc., Land O'Lakes, Inc.. Attached is Declaration of Mark S. Sullivan in support; and Affidavit of Craig D. Diviney (djc, ) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff : Telephone Conference held on 2/8/2005. (pf, ) |
| Filing 144 MOTION (FILED ON SERVICE DATE) for John J. Brogan to Appear Pro Hac Vice. Document filed by Land O'Lakes, Inc.; w/ attch. affidavit and declaration in support. (pl, ) |
| Filing 129 MANDATE of USCA FEDERAL CIRCUI (Certified Copy) as to 124 Notice of Appeal,, filed by Carberry Corporation,, William T. Pordy,, 126 Notice of Cross Appeal,, filed by Land O'Lakes, Inc., USCA FEDERAL CIRCUIT Case Number 03-1182 & 03-1202. For the foregoing reasons, we AFFIRM the District Court's claim construction, and REVERSE on the issue of effective filing date. we VACATED the JMOL and the jury verdict and REMAND the matter to the District Court for a new trial limited to the issue of anticipation. No Costs. This cause having been heard and considered, it is ORDERED AND ADJUDGED: AFFIRMED, REVERESD, VACATED AND REMANDED. Jan Horbaly, Clerk USCA FEDERAL CIRCUIT. Issued As Mandate: 12/27/04. (dt,). |
| Transmission of USCA FEDERAL CIRCUIT Mandate/Order to the District Judge re: 129 USCA FEDERAL CIRCUIT Mandate. (dt, ) |
| Sealed Documents #'s 30, 31, 32 returned from USCA Federal Circuit. Documents returned to Sealed Records Clerk. (tp, ) |
| Appeal Record Returned. Indexed record on Appeal Files for 126 Notice of Cross Appeal, filed by Land O'Lakes, Inc., 124 Notice of Appeal, filed by Carberry Corporation, William T. Pordy USCA Federal Circuit Case Number 03-1182, returned from the U.S. Court of Appeals for the Federal Circuit. (tp, ) |
| Appeal Remark as to 126 Notice of Cross Appeal,, filed by Land O'Lakes, Inc., 124 Notice of Appeal,, filed by Carberry Corporation, William T. Pordy USCA Case Number CAFC 03-1182: Record on appeal files sent to the U.S.C.A. for the Federal Ciruit Via, Federal Express, Airbill #'s, 792456621682 & 792456621693 to the Att: of Anne Tomlinson. (dt, ) |
| Filing 128 Appeal Record Sent to USCA FEDERAL CIRCUIT(Index). Notice that the Original index to the record on Appeal for 126 Notice of Cross Appeal,, filed by Land O'Lakes, Inc., 124 Notice of Appeal,, filed by Carberry Corporation, William T. Pordy USCA FEDERAL CIRCUIT Case Number CAFA 03-1182, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals for the FEDERAL CIRCUIT. (dt, ) |
| Appeal Record Sent to USCA FEDERAL CIRCUIT (File). Indexed record on Appeal Files for 126 Notice of Cross Appeal,, filed by Land O'Lakes, Inc., 124 Notice of Appeal,, filed by Carberry Corporation, William T. Pordy USCA FEDERAL CIRCUIT Case Number CAFC 03-1182, were transmitted to the U.S. Court of Appeals for the FEDERAL CIRCUIT. (dt, ) |
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Filing 127
ORDER, following entry of judgment as a matter of law in defendant's favor on 11/18/02, defendant filed a motion for costs. However, as plaintiffs correctly point out, their appeal of the Court's ruling is still pending. Accordingly, the Court will reserve judgment on the issue of costs and all issues related thereto until the appeal has been resolved . ( signed by Judge Jed S. Rakoff ); (kw)
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| USCA Federal Circuit Case Number Re: Appeal & Cross-Appeal USCA NUMBER: 03-1182, 03-1202 (pr) |
| USCA FEDERAL CIRCUIT Case Number Re: [124-1] appeal by William T. Pordy, Carberry Corporation USCA FEDERAL CIRCUIT NUMBER: 03-1182. (dt) |
| Notice of appeal and certified copy of docket to USCA FEDERAL CIRCUIT: [126-1] cross appeal by Land O'Lakes, Inc. ; Copy of notice of appeal sent to District Judge. (dt) Modified on 01/02/2003 |
| Filing 126 NOTICE OF CROSS-APPEAL by Land O'Lakes, Inc. to the FEDERAL CIRCUIT ; from ; the claim construction Order in this action dated July 24, 2001 and entered July 26, 2001, from paragraph 5 and 10 of the motion in limine Order in this action dated December 10, 2001, and from the Court's Jury Instruction and the Jury verdict finding U.S. Patent No. 5,480,670 valid. Copies mailed to the attorneys of record: McKee, Voorhees & Sease, P.L.C. and Lackenbach Siegel. $105.00 Appeal filing fee paid 1/2/03 on receipt # E 0460671. (dt) Modified on 01/02/2003 |
| Filing 125 RESPONSE by Carberry Corporation, William T. Pordy and reservation of objections to defendant Land O'Lakes, Inc.'s request for costs and Notice of Hearing. (jco) |
| Notice of appeal and certified copy of docket to USCA for the Federal Circuit. [124-1] appeal by William T. Pordy, Carberry Corporation ; Copy of notice of appeal sent to District Judge. (pr) |
| Filing 124 NOTICE OF APPEAL to the USCA for the Federal Circuit, by Carberry Corporation, William T. Pordy from [120-1] judgment order, [119-1] order that for the reasons set forth, defendant's motion for judgment must be granted and judgment entered in favor of defendant dismissing all claims. Clerk to enter judgment . Copies of notice of appeal mailed to Attorney(s) of Record: Lackenbach, Siegel, Marzullo, Aronson & Greenspan. $105.00 APPEAL FILING FEE PAID ON 12/17/02, RECEIPT # E 0459603. . (pr) |
| Filing 123 AFFIDAVIT of Jeffrey D. Shewchuk by Land O'Lakes, Inc. in support of [121-1] remark (Request to tax costs and bill of costs purs to Local Civil Rule 54) (djc) |
| Filing 122 DECLARATION of Jennifer F. Beltrami by Land O'Lakes, Inc. in support Re: [121-1] Request for Costs purs to Local Civil Rule 54.1 (djc) |
| Filing 121 Land O'Lakes, Inc. Request for Costs and Notice of Hearing; (djc) |
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Filing 120
JUDGMENT: Ordered, Adjudged and Decreed: that dft have judgment and the complaint be dismissed with prejudice. ( signed by Judge Jed S. Rakoff ); Mailed copies and notice of right to appeal. Entered On Docket: 11/20/02. (db)
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Filing 119
MEMORANDUM ORDER, that for the reasons set forth, defendant's motion for judgment must be granted and judgment entered in favor of defendant dismissing all claims. Clerk to enter judgment . ( signed by Judge Jed S. Rakoff ). FORWARDED DOCUMENT TO JUDGMENT CLERK. (tp)
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| Case closed. (db) |
| Terminated documents 95-1; 97-1; 99-1 pursunt to instructions of Judge Rakoff as indicated on the CJRA report. (rag) |
| Terminated documents 46-1,57-1,58-1,59-1,60-1,61-1,62-1, 63-1,64-1,65-1,95-1,97-1,99-1,109-1, 113-1 pursuant to instructions of Judge Rakoff as indicated on the CJRA report. (rag) Modified on 09/05/2002 |
| Filing 118 Transcript of record of proceedings before Judge Jed S. Rakoff for the date(s) of 12/19,20/01. (tr) |
| Filing 117 Transcript of record of proceedings before Judge Jed S. Rakoff for the date(s) of 12/11,12,13,14,17,18,19/01. (df) |
| Filing 116 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of post-trial [99-1] motion pursuant to 35 U.S.C. 285, for an award of $489,401.19 in attorney fees and disbursements necessary in preparation of the case . (db) |
| Filing 115 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in opposition to [113-1] motion for an Order granting Judgment as a matter of law under FRCP 50(a) and 50(b) that Fat Free Half & Half does not infringe any claim of U.S. Patent No. 5,480,670 . (db) |
| Filing 114 Post-trial MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy re: [113-1] motion for an Order granting Judgment as a matter of law under FRCP 50(a) and 50(b) that Fat Free Half & Half does not infringe any claim of U.S. Patent No. 5,480,670 . (db) |
| Filing 113 NOTICE OF MOTION and MEMORANDUM IN SUPPORT THEREOF (filed on service date) by Land O'Lakes, Inc. for an Order granting Judgment as a matter of law under FRCP 50(a) and 50(b) that Fat Free Half & Half does not infringe any claim of U.S. Patent No. 5,480,670 . Return date not indicated. (yv) |
| Filing 112 REPLY by Carberry Corporation Re: Motion for attorney's fees under 35 U.S.C. 285. (db) |
| Filing 111 REPLY Breif by Carberry Corporation Re: Motion for entry of injunctive relief. (db) |
| Filing 110 REPLY MEMORANDUM by Land O'Lakes, Inc. in support of: [109-1] motion for an Order pursuant to FRCP 50(a) and 50(b) for judgment as a matter of law. (kkc) |
| Filing 109 NOTICE OF MOTION and Revised Memorandum (FILED ON SERVICE DATE) by Land O'Lakes, Inc.; for an Order pursuant to FRCP 50(a) and 50(b) for judgment as a matter of law . No return date set. (kkc) |
| Filing 108 DECLARATION of Jeffrey D. Harty by Carberry Corporation, William T. Pordy. (db) |
| Filing 107 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in opposition to [29-1] motion for summary judgment . (bai) |
| Filing 106 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to [99-1] motion pursuant to 35 U.S.C. 285, for an award of $489,401.19 in attorney fees and disbursements necessary in preparation of the case . (bai) |
| Filing 105 RESPONSE by Land O'Lakes, Inc. Re: [97-1] motion pursuant to law for entry of judgment in this case, said judgment to include prejudgment interest (bai) |
| Filing 104 RESPONSE by Land O'Lakes, Inc. Re: [95-1] motion pursuant to 35 U.S.C. 283 for entry of injunctive relief to prevent the continued violation of Plaintiffs' patent rights (bai) |
| Filing 103 AFFIDAVIT of Jeffrey D. Shewchuk by Land O'Lakes, Inc. in support of [102-1] motion for an Order pursuant to FRCP 50(a) and 50(b) for Judgment as a matter of law. (kkc) |
| Filing 101 POST-TRIAL MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy re: Defendant's Motion for Judgment as a Matter of Law on Willful Infringement. (yv) |
| Filing 100 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [99-1] motion pursuant to 35 U.S.C. 285, for an award of $489,401.19 in attorney fees and disbursements necessary in preparation of the case . (yv) |
| Filing 98 BRIEF by Carberry Corporation, William T. Pordy in support of: [97-1] motion pursuant to law for entry of judgment in this case, said judgment to include prejudgment interest (yv) |
| Filing 96 BRIEF by Carberry Corporation, William T. Pordy in support of: [95-1] motion pursuant to 35 U.S.C. 283 for entry of injunctive relief to prevent the continued violation of Plaintiffs' patent rights (yv) |
| Filing 102 NOTICE OF MOTION and Memorandum of Law (FILED ON SERVICE DATE) by Land O'Lakes, Inc.; for an Order pursuant to FRCP 50(a) and 50(b) for Judgment as a matter of law . No return date Set. (kkc) |
| Filing 99 POST-TRIAL NOTICE OF MOTION (filed on service date) by Carberry Corporation, William T. Pordy pursuant to 35 U.S.C. 285, for an award of $489,401.19 in attorney fees and disbursements necessary in preparation of the case . date not indicated. (yv) Modified on 01/10/2002 |
| Filing 97 NOTICE OF MOTION (filed on service date) by Carberry Corporation, William T. Pordy pursuant to law for entry of judgment in this case, said judgment to include prejudgment interest . Return date not indicated. (yv) |
| Filing 95 NOTICE OF MOTION (filed on service date) by Carberry Corporation, William T. Pordy pursuant to 35 U.S.C. 283 for entry of injunctive relief to prevent the continued violation of Plaintiffs' patent rights . Return date not indicated. (yv) |
| Filing 88 NOTICE of Name Change of the law firm of Plaintiffs' counsel filed by Carberry Corporation, William T. Pordy . (yv) Modified on 01/07/2002 |
| Filing 94 COURT EXHIBIT # 6. (db) |
| Filing 93 COURT EXHIBIT # 5. (db) |
| Filing 92 COURT EXHIBIT # 4. (db) |
| Filing 91 COURT EXHIBIT # 3. (db) |
| Filing 90 COURT EXHIBIT # 2. (db) |
| Filing 89 COURT EXHIBIT # 1. (db) |
| Telephone Conference held before Judge Jed S. Rakoff . (db) |
| Jury Trial concluded before Judge Jed S. Rakoff. (kkc) |
| Jury Trial continued before Judge Jed S. Rakoff. (kkc) |
| Jury Trial continued before Judge Jed S. Rakoff. (kkc) |
| Filing 87 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy re: "Printed Publications". (db) |
| Filing 86 Proposed Revised Jury Instructions by Carberry Corporation, William T. Pordy. (sn) |
| Jury Trial continued before Judge Jed S. Rakoff. (kkc) |
| Filing 84 BENCH MEMORANDUM by Carberry Corporation, William T. Pordy re: Effective filing date of the '670 patent. (db) |
| Filing 83 TRIAL MEMORANDUM by Carberry Corporation, William T. Pordy re: Admissibility of Kemps Coffee Right and Testimony of Scott Hood. (db) |
| Filing 82 Proposed Supplemental Jury Instructions by Carberry Corporation, William T. Pordy (db) |
| Jury Trial continued before Judge Jed S. Rakoff. (kkc) |
| Filing 81 MEMORANDUM OF LAW by Land O'Lakes, Inc. on Whether indexing and cataloging are a prerequisite to be considered a "Printed PUblication" Under 35 U.S.C. 102(b) (jco) |
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Filing 85
PRETRIAL CONSENT ORDER filed. ( signed by Judge Jed S. Rakoff ) (sac)
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| Jury Trial continued before Judge Jed S. Rakoff. (kkc) |
| Jury Trial begun before Judge Jed S. Rakoff. (kkc) |
| Filing 80 Proposed Voir Dire Questions by Land O'Lakes, Inc. (cd) |
| Filing 79 Cross Designations and Objections to plntfs' proposed depostion testimony, by Land O'Lakes, Inc. . (cd) |
| Filing 78 Deft's Designation of Depostion Testimony, by Land O'Lakes, Inc. (cd) |
| Telephone Conference held 12/10/01 before Judge Jed S. Rakoff. (jco) |
| Filing 74 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [65-1] motion pursuant to Fed. R. Evid. 103(c) and 104(a) for an Order in Limine, barring Defendant, Land O'Lakes, Inc. from offering or introducing into evidence the opinion letter of Z. Peter Sawicki (DX 412), and any exhibits referring to said opinion, and also barring Defendant and Defendant's counsel from commenting on, discussing, or alluding to either directly or indirectly said opinion while in the presence of the jury . (yv) |
| Filing 73 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [64-1] motion for an Order in Limine with respect to the following: (1) To preclude the Defendant from offering the Report of Gregory C. Swinehart into evidence; and (2) To preclude the Defendant from offering the Testimony of Gregory C. Swinehart . (yv) |
| Filing 72 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [63-1] motion for an Order excluding from evidence certain matters disclosed in defendant's notice of prior art under 35 U.S.C. 282. In specific, Jody Ahlstrom should be precluded from testifying at trial, and Defendant should be precluded from relying upon U.S. Patent 4,239,786 at trail . (yv) |
| Filing 71 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [62-1] motion for an Order in Limine precluding the Defendant from presenting any evidence at trial before a jury on the affirmative defense of laches . (yv) |
| Filing 70 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [61-1] motion pursuant to Fed. R. Evid. 103(c) and 104(a) for an Order in Limine, barring Defendant, Land O' Lakes, Inc., from offering or introducing evidence of Kemps Coffee Right (DX 318-323) as legal prior art, and also barring Defendant and Defendant's counsel from commenting on, discussing, or alluding to either directly or indirectly Kemps Coffee Right as prior art while in the presence of the jury . (yv) |
| Filing 69 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [60-1] motion for an Order in Limine precluding the Defendant from presenting any evidence at trial, or commenting on, discussing or alluding to either directly or indireclty while in the presence of the jury regarding the Plaintiffs' relationship with Pearl, Ltd. . (yv) |
| Filing 68 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [59-1] motion for an Order in Limine prohibiting the Defendant from presenting any evidence at trial, or commenting on, discussing, or alluding to either directly or indirectly while in the presence of the jury concerning the Plaintiffs' Attorneys' Fee Agreement . (yv) |
| Filing 67 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [58-1] motion pursuant to Fed. R. Evid. 103 (c) and 104(a) for an Order in Limine, barring Defendant, Land O' Lakes, Inc. from offering or introducing evidence of Carnation Instant Breakfast, No Sugar Added (DX 332) as legal prior art, and also barring Defendant and Defendant's counsel from commenting on, discussing, or alluding to either directly or indirectly Carnation Instant Breakfast as prior art while in the presence of the jury . (yv) |
| Filing 66 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in support of [57-1] motion for an Order in Limine with respect to the following: (1) To preclude the Defendant from putting any evidence at trial before a jury on the affirmative defense of inequitable conduct; and (2) To preclude any evidence before the Court or the jury on inequitable conduct on the basis that there is a total lack of evidence of any intent to deceive, as required by the case law . (yv) |
| Filing 61 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy pursuant to Fed. R. Evid. 103(c) and 104(a) for an Order in Limine, barring Defendant, Land O' Lakes, Inc., from offering or introducing evidence of Kemps Coffee Right (DX 318-323) as legal prior art, and also barring Defendant and Defendant's counsel from commenting on, discussing, or alluding to either directly or indirectly Kemps Coffee Right as prior art while in the presence of the jury . Return date not indicated. (yv) |
| Filing 77 Proposed Jury instructions filed by Plaintiff William T. Pordy and Carberry Corporation. (yv) |
| Filing 76 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in opposition to [46-1] motion in limine to exclude evidence of communications between plaintiffs and defendant prior to the late 1994 market introduction of fat free half & half . (yv) |
| Filing 75 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in opposition to [55-1] miscellaneous . (yv) Modified on 12/13/2001 |
| Telephone Conference held before Judge Jed S. Rakoff . (jp) |
| Filing 56 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs. motion in limine to exclude of evidence of plaintiffs attorney fee contract . (bai) |
| Filing 55 Objection(s) by Land O'Lakes, Inc. to plaintiffs' blanket designation of deposition testimony. (bai) |
| Filing 54 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs' motion in limine to exclude any evidence of inequitable conduct . (bai) |
| Filing 53 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs' motion in limine re: 28 U.S.C. 282 notice . (bai) |
| Filing 52 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs' motionin limine to exclude evidence of Carnation Instant Breakfast (DX 332) as legal prior art . (bai) |
| Filing 51 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs' motion in limime to exclude the expert report and testimony of Gregory C. Swinehart . (bai) |
| Filing 50 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs' motion in limine to exclude any evidence of palintiffs' relationship with Pearl, LTD . (bai) |
| Filing 49 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs' motion in limine to exclude the Sawicki opinion of counsel (DX 412) . (bai) |
| Filing 48 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs motion in limine to exclude evidence of defendant's affirmative defense of laches before the jury. . (bai) |
| Filing 47 MEMORANDUM OF LAW by Land O'Lakes, Inc. in opposition to plaintiffs motion in limine to exclude evidence of Kemps Coffee right (DX 318-323) as legal prior art . (bai) |
| Filing 45 Jury instructions filed by defendant Land O'Lakes. (bai) |
| Filing 44 Defendant Land O'Lakes filed proposed verdict form for trial commencing 12/11/01. (bai) |
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Filing 43
ORDER; granting [42-1] motion for an Order pursuant to Local Rule 1.3(c) for Peter J. Ims to appear pro hac vice to represent defendant . ( signed by Judge Jed S. Rakoff ); Copies mailed. (docmt forwarded to atty admissions clerk) (djc)
|
| Filing 42 NOTICE OF MOTION (FILED ON SERVICE DATE) by Land O'Lakes, Inc.; for an Order pursuant to Local Rule 1.3(c) for Peter J. Ims to appear pro hac vice to represent defendant . No Return date set. Affidavit of Jennifer F. Beltrami attached. (kkc) |
| Filing 65 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy pursuant to Fed. R. Evid. 103(c) and 104(a) for an Order in Limine, barring Defendant, Land O'Lakes, Inc. from offering or introducing into evidence the opinion letter of Z. Peter Sawicki (DX 412), and any exhibits referring to said opinion, and also barring Defendant and Defendant's counsel from commenting on, discussing, or alluding to either directly or indirectly said opinion while in the presence of the jury . Return date not indicated. (yv) |
| Filing 64 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy for an Order in Limine with respect to the following: (1) To preclude the Defendant from offering the Report of Gregory C. Swinehart into evidence; and (2) To preclude the Defendant from offering the Testimony of Gregory C. Swinehart . Return date not indicated. (yv) |
| Filing 63 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy for an Order excluding from evidence certain matters disclosed in defendant's notice of prior art under 35 U.S.C. 282. In specific, Jody Ahlstrom should be precluded from testifying at trial, and Defendant should be precluded from relying upon U.S. Patent 4,239,786 at trail . Return date not indicated. (yv) |
| Filing 62 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy for an Order in Limine precluding the Defendant from presenting any evidence at trial before a jury on the affirmative defense of laches . Return date not indicated. (yv) |
| Filing 60 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy for an Order in Limine precluding the Defendant from presenting any evidence at trial, or commenting on, discussing or alluding to either directly or indireclty while in the presence of the jury regarding the Plaintiffs' relationship with Pearl, Ltd. . Return date not indicated. (yv) |
| Filing 59 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy for an Order in Limine prohibiting the Defendant from presenting any evidence at trial, or commenting on, discussing, or alluding to either directly or indirectly while in the presence of the jury concerning the Plaintiffs' Attorneys' Fee Agreement . Return date not indicated. (yv) |
| Filing 58 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy pursuant to Fed. R. Evid. 103 (c) and 104(a) for an Order in Limine, barring Defendant, Land O' Lakes, Inc. from offering or introducing evidence of Carnation Instant Breakfast, No Sugar Added (DX 332) as legal prior art, and also barring Defendant and Defendant's counsel from commenting on, discussing, or alluding to either directly or indirectly Carnation Instant Breakfast as prior art while in the presence of the jury . Return date not indicated. (yv) |
| Filing 57 NOTICE OF MOTION IN LIMINE (filed on service date) by Carberry Corporation, William T. Pordy for an Order in Limine with respect to the following: (1) To preclude the Defendant from putting any evidence at trial before a jury on the affirmative defense of inequitable conduct; and (2) To preclude any evidence before the Court or the jury on inequitable conduct on the basis that there is a total lack of evidence of any intent to deceive, as required by the case law . Return date not indicated. (yv) |
| Filing 46 NOTICE OF MOTION (filed on service date) by Land O'Lakes, Inc. in limine to exclude evidence of communications between plaintiffs and defendant prior to the late 1994 market introduction of fat free half & half . Return date 12/2/01. Exhibits attached. (bai) |
| Telephone Conference held before Judge Jed S. Rakoff. (kkc) |
|
Filing 41
MEMORANDUM ORDER; for the reasons stated herein, the Court grants deft's motion for summary judgment as to all pltffs' claims except pltffs' claim that the '670 patent was infringed . Upon receipt of this Order, counsel for the parties should telephonically contact the Court to reconfirm the schedule for trial of that remaining claim . ( signed by Judge Jed S. Rakoff ); Copies mailed. (sn)
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| Filing 40 Transcript of record of proceedings before Judge Jed S. Rakoff for the date(s) of 7/16/01. (yv) |
| Status Conference held on 8/29/01 before Judge Jed S. Rakoff, the defendant did appear for the conference, and the court granted the plaintiff's motion for default judgment. (ae) |
| Oral argument held before Judge Jed S. Rakoff re: defendant's summary judgement motion, the court reversed the motion. The court scheduled a trial date for 9:00 a.m. on 12/11/01 . (bai) |
| Telephone Conference held before Judge Jed S. Rakoff. (kkc) |
| Filing 32 SEALED DOCUMENT placed in vault. (rp) |
| Filing 31 SEALED DOCUMENT placed in vault. (rp) |
| Filing 30 SEALED DOCUMENT placed in vault. (rp) |
| Filing 39 Second affidavit of Jeffrey D. Shewchuck by Land O'Lakes, Inc. in support of [33-1] motion for an Order granting summary judgment of non-infringement of both U.S. Patents set forth on this motion, [33-2] motion for dismissal of Counts I-IV of pltffs Second Amended Complaint (jp) |
| Filing 38 REPLY MEMORANDUM by Land O'Lakes, Inc. re: [33-1] motion for an Order granting summary judgment of non-infringement of both U.S. Patents set forth on this motion, [33-2] motion for dismissal of Counts I-IV of pltffs Second Amended Complaint (jp) |
| Filing 37 REPLY by Carberry Corporation Re: [35-1] settlement notice (jp) |
| Filing 36 MEMORANDUM OF LAW by Carberry Corporation in opposition to [33-1] motion for an Order granting summary judgment of non-infringement of both U.S. Patents set forth on this motion, [33-2] motion for dismissal of Counts I-IV of pltffs Second Amended Complaint . (jp) |
| Filing 35 RULE 56.1 STATEMENT filed by Land O'Lakes, Inc. (jp) |
| Filing 34 MEMORANDUM OF LAW by Land O'Lakes, Inc. in support of [33-1] motion for an Order granting summary judgment of non-infringement of both U.S. Patents set forth on this motion, [33-2] motion for dismissal of Counts I-IV of pltffs Second Amended Complaint . (jp) |
| Filing 33 NOTICE OF MOTION (filed on service date) by Land O'Lakes, Inc.; for an Order granting summary judgment of non-infringement of both U.S. Patents set forth on this motion , and, for dismissal of Counts I-IV of pltffs Second Amended Complaint . Return date not indicated. (jp) |
| Filing 29 NOTICE OF MOTION (filed on service date) by Land O'Lakes, Inc. for summary judgment ; Return date not indicated. (djc) |
|
Filing 28
ORDER; that having considered the testimony and submissions presented by the parties at and prior to the Markman hearing held on 7/16/01, the Court hereby rules on the claim interpretation issues by the parties with respect to Claim 1 of the Patent No. 5,366,751 ("the "751 patent") as set forth in this Order . ( signed by Judge Jed S. Rakoff ); Copies mailed. (pl) Modified on 07/27/2001
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| Filing 27 REPLY by Carberry Corporation, William T. Pordy to answer and [22-1] counter claim; Firm of: Zarley, McKee, Thomte, Voorhee by attorney Myron Greenspan for counter-defendant Carberry Corporation (pl) Modified on 07/23/2001 |
| Telephone Conference held before Judge Jed S. Rakoff . (pl) |
| Telephone Conference held before Judge Jed S. Rakoff . (cd) |
| A Marksmen Hearing, was held in this case. Dft. called Lloyd Metzger as a witness. Plaintff called William Pordy as a witness. The Court will issue an order with its ruling in reference to hearing; contested issue. (pl) |
| Telephone Conference held before Judge Jed S. Rakoff . (djc) |
|
Filing 26
ORDER; on the present state of the parties' submissions, pltffs' motion to quash the subpoenas and depositions of Myron Greenspan, Esq., and Howard Aronson, Esq., is granted. However, some limited discovery from these individuals may perhaps be permissible, a subject on which the Court will hear counsel at the Markman hearing scheduled for 7/16/01. ( signed by Judge Jed S. Rakoff ); Copies mailed. (sac)
|
| Filing 25 AFFIDAVIT of Jeffrey D. Shewchuk by Land O'Lakes, Inc. in support of [24-1] memorandum on claim interpretation issues for the Markman Hearing. (kkc) |
| Filing 24 MEMORANDUM OF LAW by Land O'Lakes, Inc. on claim interpretation issues for the Markman Hearing. (kkc) |
| Filing 23 PRE-HEARING BRIEF by Carberry Corporation, William T. Pordy on Markman Claim Construction Issues. Appendix attached. (kkc) |
| Telephone Conference held before Judge Jed S. Rakoff. (sac) |
| Filing 22 COUNTERCLAIM by Land O'Lakes, Inc. against Carberry Corporation, William T. Pordy (sac) |
| Filing 21 RULE 1.9 CERTIFICATE filed by Land O'Lakes, Inc. (sac) |
|
Filing 19
ORDER; denying [10-1] motion for an Order to dismiss counts II and III of the first amended complaint due to Statute of Limitations . ( signed by Judge Jed S. Rakoff ); Copies mailed. (djc)
|
| Filing 20 DEMAND for jury trial by Carberry Corporation, William T. Pordy. (sn) |
| Telephone Conference held before Judge Jed S. Rakoff. (sn) |
| Remark by Cashier's Office on copy of Order admitting Jeffrey D. Shewchuk pro hac vice, Doc. #11; "#409887, $25.00, 6/22/01". (sn) |
| Remark by Cashier's Office on copy of Order admitting David J. Dykeman pro hac vice, Doc. #13; "409887, $25.00, 6/22/01". (sn) |
| Telephone Conference held before Judge Jed S. Rakoff . (jp) |
| Filing 18 Plaintiffs and Defendant's Joint Statement as to Issues to be Decided at and Briefing Schedule of Markman Hearing. (djc) |
| Oral argument held before Judge Jed S. Rakoff on: [10-1] motion for an Order to dismiss counts II and III of the first amended complaint due to Statute of Limitations. The Court denied the defendant's motion. (kkc) |
| Remark by the Cashier's Office on copy of endorsed motion dated 6/11/01 that on 6/19/01 the pro hav vice fees in total of $75.00 was paid. (Receipt #409591) (kw) |
| Filing 17 MEMORANDUM OF LAW by Carberry Corporation, William T. Pordy in opposition to [10-1] motion for an Order to dismiss counts II and III of the first amended complaint due to Statute of Limitations. (tp) |
| Filing 16 REPLY BRIEF by Land O'Lakes, Inc. in support of Re: [10-1] motion for an Order to dismiss counts II and III of the first amended complaint due to Statute of Limitations (sac) |
| Filing 15 MEMORANDUM OF LAW by Land O'Lakes, Inc. in support of [10-1] motion for an Order to dismiss counts II and III of the first amended complaint due to Statute of Limitations. (sac) |
|
Filing 14
ORDER, granting deft's motion for a more definite statement of paragraph 7 of the First Amended Complaint -- and directs plntfs to set forth in writing, by no later than 6/19/01, a more definite and specific statement of the conduct complained of in paragraph 7 of the First Amended Complaint ( signed by Judge Jed S. Rakoff ); Copies mailed. (cd)
|
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Filing 13
ORDER; granting [9-1] motion for an order pursuant to Rule 1.3(c) for David J. Dykeman, Esq. to appear pro hac vice on behalf of defendants . ( signed by Judge Jed S. Rakoff ); Copies mailed. (docmt forwarded to atty admissions clerk) (djc)
|
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Filing 12
Memo endorsed on (Court Copy) motion; granting [7-1] motion for an order for Edmund J. Sease to appear pro hac vice on behalf of plaintiffs, granting [7-2] motion for Jeffrey D. Harty to appear pro hac vice on behalf of plaintiffs, granting [7-3] motion for Ronald M. Sotak to appear pro hac vice on behalf of plaintiffs. ( signed by Judge Jed S. Rakoff ); Copies mailed. (forwarded to the Atty Admissions Clerk.) (sac)
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Filing 11
ORDER; granting [8-1] motion for an order pursuant to Rule 1.3(c) for Jeffrey D. Shewchuk, Esq. to appear pro hac vice on behalf of defendant. ( signed by Judge Jed S. Rakoff ); Copies mailed. (orig. forwarded to the Atty Admissions Clerk.) (sac)
|
| Filing 10 NOTICE OF MOTION (FILED ON SERVICE DATE) by Land O'Lakes, Inc.; for an Order to dismiss counts II and III of the first amended complaint due to Statute of Limitations . Return date 6/21/01. (kkc) |
| Filing 7 NOTICE OF MOTION by Carberry Corporation, William T. Pordy; for an order for Edmund J. Sease to appear pro hac vice on behalf of plaintiffs ; for Jeffrey D. Harty to appear pro hac vice on behalf of plaintiffs ; for Ronald M. Sotak to appear pro hac vice on behalf of plaintiffs ; w/ attch. memorandum in support; Return date: not indicated (pl) |
| Filing 9 NOTICE OF MOTION (filed on service date) by Land O'Lakes, Inc.; for an order pursuant to Rule 1.3(c) for David J. Dykeman, Esq. to appear pro hac vice on behalf of defendants ; w/ attch. Aff. in support by Jennifer F. Beltrami; Return date: 6/21/01. (pl) |
| Filing 8 NOTICE OF MOTION (filed on service date) by Land O'Lakes, Inc.; for an order pursuant to Rule 1.3(c) for Jeffrey D. Shewchuk, Esq. to appear pro hac vice on behalf of defendant ; w/ attch. aff. in suppot by Jennifer F. Beltrami Return date: 6/21/01. (pl) Modified on 12/13/2001 |
| Telephone Conference held before Judge Jed S. Rakoff . (cd) |
| Telephone Conference held before Judge Jed S. Rakoff. (sac) |
| Filing 6 AFFIDAVIT OF SERVICE of amended summons and complaint as to Land O'Lakes, Inc. by Brian Hybertson, Atty on 5/21/01. Answer due on 6/11/01 for Land O'Lakes, Inc. (djc) |
| Filing 5 AMENDED COMPLAINT by Carberry Corporation, William T. Pordy (Answer due 5/31/01 for Land O'Lakes, Inc. ) amending [1-1] complaint ; Summons issued. (djc) |
| Telephone Conference held before Judge Jed S. Rakoff (cd) |
| Filing 4 Civil Case Management Plan: this case shall be ready for trial on 8/29/01; the case is to be tried to a jury; joinder of parties, and amending of pleadings by 6/21/01; first request for production of documents must be served by 5/3/01. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the SDNY must be served by 5/3/01. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by FRCP 26(a)(2) by 6/21/01. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by FRCP 26(a)(2) by 7/3/01. All depositions must be completed by 7/20/01 as set forth in this document. Requests to Admit must be served by 6/21/01. All discovery is to be completed by 7/20/01. Post-discovery summary judgment motions is to be filed no later than one week following 7/20/01 and provided that the moving papers are served by 7/26/01, answering papers by 8/9/01 and reply papers by 8/16/01. A final pre-trial conference, as well as oral argument on any post-discovery summary judgment motions, shall be held on 8/29/01 at 4:00 p.m. ( signed by Judge Jed S. Rakoff ); Copies mailed. (kw) |
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Filing 3
STIPULATION and PROTECTIVE ORDER, regarding procedures that the will govern the handling of "Confidential Information" . ( signed by Judge Jed S. Rakoff ) (kg)
|
| Initial Pretrial Conference held before Judge Jed S. Rakoff. (pl) |
| Telephone Conference held before Judge Jed S. Rakoff (cd) |
| Filing 2 RULE 1.9 CERTIFICATE filed by Carberry Corporation . (bm) |
| Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 386062. (bm) |
| Mailed notice to Commissioner of Patents and Trademarks. (bm) |
| Magistrate Judge Theodore H. Katz is so Designated. (bm) |
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