Polyzen, Inc. v. Radiadyne, LLC
Plaintiff: Polyzen, Inc.
Defendant: Radiadyne, LLC
Case Number: 5:2011cv00662
Filed: November 21, 2011
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: James C. Dever
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 19, 2018 Opinion or Order Filing 433 ORDER denying without prejudice 389 Application for Costs; denying without prejudice 395 Application for Costs; denying without prejudice 401 Order on Motion for Disallowance of Costs; denying without prejudice 402 Order on Motion for Disallowance of Costs. Signed by Peter A. Moore, Jr., Clerk of Court on 3/19/2018. (Briggeman, N.)
April 21, 2017 Opinion or Order Filing 383 JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS IN PART and DENIES IN PART RadiaDyne's motion for partial summary judgment on Polyzen's trade secret misappropriation claim [D.E. 108]. Polyzen's claim for misappro priation of trade secrets with respect to the information contained in Note 1 of DIE 279 survives. The court DENIES RadiaDyne's motion [D.E. 248] and supplemental motion [D.E. 268] for summary judgment concerning Polyzen's patent-infringeme nt claim, DENIES Polyzen's cross-motion for summary judgment on all ownership issues [D.E. 255], but DISMISSES without prejudice Polyzen' s patent-infringement claim for lack of subject-matter jurisdiction. IT IS FURTHER ORDERED that the ju ry unanimously finds that RadiaDyne did breach a contract with Polyzen. Polyzen is entitled to recover $1.00 from RadiaDyne for breach of contract. Polyzen did breach a contract with RadiaDyne. RadiaDyne is entitled to recover $1.00 from Po lyzen for breach of contract. Note 1 of Page 4 of Exhibit PX103 was not a trade secret of Polyzen's. Polyzen did convert RadiaDyne's tooling used to make balloons. RadiaDyne is entitled to recover $8,400.00 from Polyzen for conversion of the property of RadiaDyne. Polyzen did trespass upon RadiaDyne's tooling used to make balloons. RadiaDyne is entitled to recover $8,400.00 from Polyzen for trespass upon RadiaDyne's tooling used to make balloons. Polyzen did not com mit fraud. Polyzen did compete unfairly with RadiaDyne and RadiaDyne was damaged by Polyzen's unfair competition. RadiaDyne is entitled to recover $1.00 from Polyzen for unfair competition. Signed by Peter A. Moore, Jr., Clerk of Court on 4/21/2017. (Briggeman, N.)
March 21, 2017 Opinion or Order Filing 357 ORDER Ex Parte granting 325 Ex Parte Motion to Seal. Signed by Chief Judge James C. Dever III on 3/20/2017. (Briggeman, N.)
December 22, 2016 Opinion or Order Filing 316 ORDER granting 312 Motion for Trial Setting. The Final Pretrial Conference shall be held on Friday, March 24, 2017 at 1:00 p.m., in courtroom one of the Terry Sanford Federal Building. The trial is set for Monday, April 17, 2017, in courtroom one of the Terry Sanford Federal Building. Counsel shall read the order in its entirety for additional critical deadlines and information. Signed by Chief Judge James C. Dever III on 12/22/2016. (Briggeman, N.)
November 2, 2016 Opinion or Order Filing 310 ORDER dismissing as moot 298 Motion to Compel. Signed by Chief Judge James C. Dever III on 11/2/2016. (Briggeman, N.)
November 1, 2016 Opinion or Order Filing 309 ORDER granting 302 Motion to Seal. Signed by Chief Judge James C. Dever III on 11/1/2016. (Briggeman, N.)
September 23, 2016 Opinion or Order Filing 297 ORDER: The court DENIES RadiaDyne's motion 248 and supplemental motion 268 for summary judgment concerning Polyzen's patent-infringement claim, DENIES Polyzen's cross-motion for summary judgment on all ownership issues 255 , but D ISMISSES without prejudice Polyzen' s patent-infringement claim for lack of subject-matter jurisdiction. Additionally, the court DISMISSES as moot Polyzen's motion for leave to file a cross motion 247 . Furthermore, the court GRANTS Polyze n's motion in limine to exclude lawyer witnesses 180 , GRANTS RadiaDyne's motion in limine to exclude evidence regarding allegations of invalidity or improper inventorship of RadiaDyne' s patent portfolio 181 , GRANTS RadiaDyne' s motion in limine to exclude the testimony of Polyzen's technical expert Len Czuba 189 , and GRANTS Polyzen's motion in limine toexclude evidence regarding RadiaDyne's patent portfolio and purported assignment of the '497 patent in suit to RadiaDyne 210 . Moreover, the court GRANTS in part and DENIES in part Polyzen's motion in limine to exclude portions of the testimony of RadiaDyne's technical expert Michael Foreman 179 , GRANTS RadiaDyne's motion in limi ne to partially exclude the testimony of Polyzen's damages expert Graham Rogers 185 , and GRANTS in part and DENIES in part RadiaDyne's motion to exclude evidence 213 . Signed by Chief Judge James C. Dever III on 9/23/2016. (Briggeman, N.)
August 22, 2016 Opinion or Order Filing 296 ORDER granting 282 Motion to Seal Documents. Signed by Chief Judge James C. Dever III on 8/22/2016. (Briggeman, N.)
August 17, 2016 Opinion or Order Filing 293 ORDER granting 252 Motion to Seal Document. Exhibits in Docket Entries 250 and 251 are ordered to be sealed. Signed by Chief Judge James C. Dever III on 8/17/2016. (Briggeman, N.)
February 4, 2016 Opinion or Order Filing 241 ORDER granting 234 Motion to Seal Document ; granting 236 Motion to Seal Document ; granting 183 Motion to Seal; granting 187 Motion to Seal; granting 191 Motion to Seal; granting 199 Motion to Seal Document ; granting 205 Motion to Seal Document ; granting 208 Motion to Seal Document ; granting 219 Motion to Seal Document ; granting 224 Motion to Seal Document. Signed by Chief Judge James C. Dever III on 2/3/2016. (Briggeman, N.)
October 12, 2015 Opinion or Order Filing 171 ORDER denying 167 Motion to Consolidate Cases. Signed by Chief Judge James C. Dever III on 10/12/2015. (Jenkins, C.)
August 7, 2015 Opinion or Order Filing 165 ORDER - the court GRANTS Polyzen's motion for reconsideration [D.E. 146] and denies RadiaDyne's earlier motion for partial summary judgment on RadiaDyne's breach of contract claim [D.E.112]. The court DENIES RadiaDyne's motion for judgment on the pleadings [D.E. 160]. The court GRANTS RadiaDyne's motions to seal [D.E. 149, 153, 156]. Signed by Chief Judge James C. Dever III on 8/7/2015. (Jenkins, C.)
March 31, 2015 Opinion or Order Filing 158 ORDER DENYING: 116 Motion for Summary Judgment. In sum, the court DENIES Polyzen's motion for summary judgment on its patent infringement claim. Signed by Chief Judge James C. Dever III on 3/31/2015. (O'Brien, C.)
February 18, 2015 Opinion or Order Filing 142 ORDER GRANTING IN PART AND DENYING IN PART 108 Motion for Partial Summary Judgment and GRANTING 112 Motion for Partial Summary Judgment. The parties shall submit briefs on the question of specific performance for Polyzen's breach of contra ct according to the court-ordered schedule. Polyzen's claim for misappropriation of trade secrets with respect to the information contained in Note 1 of DIE 279 survives. After the submission of briefs, the parties shall engage in a court-hosted settlement conference with United States Magistrate Judge James E. Gates. Signed by Chief Judge James C. Dever III on 2/18/15. Counsel is reminded to read the order in its entirety for critical deadlines and information. (O'Brien, C.)
December 12, 2014 Opinion or Order Filing 141 ORDER denying without prejudice the 107 Motion for Summary Judgment. Counsel is reminded to read the order in its entirety for further information. Signed by Chief Judge James C. Dever III on 12/12/2014. (Edwards, S.)
September 5, 2014 Opinion or Order Filing 140 ORDER granting 110 Motion to Seal Document 109 PROPOSED SEALED Memorandum in Support - Signed by Chief Judge James C. Dever III on 9/5/2014. (Tripp, S.)
June 3, 2014 Opinion or Order Filing 120 ORDER granting 104 Motion to Seal. Signed by US Magistrate Judge James E. Gates on 6/3/2014. (Sawyer, D.)
June 2, 2014 Opinion or Order Filing 119 ORDER denying 102 Motion to Quash. Signed by US Magistrate Judge James E. Gates on 6/2/2014. (Sawyer, D.)
October 31, 2013 Opinion or Order Filing 88 ORDER granting 42 Motion to Amend Complaint, denying 43 Motion to Consolidate Cases, 50 Motion for Preliminary Injunction withdrawn, denying 65 Motion for Partial Summary Judgment, and denying 72 Motion for Summary Judgment. Counsel should read the order in its entirety for additional information and deadlines. Signed by Chief Judge James C. Dever III on 10/31/2013. (Sawyer, D.)
October 21, 2013 Opinion or Order Filing 84 ORDER: The parties' motions to seal [D.E. 48, 52, 67, 70, 75, 77] are GRANTED. RadiaDyne's motion to compel [D.E. 45] is DENIED WITHOUT PREJUDICE. The court will hold oral argument at 9:00 a.m. on Wednesday, October 30, 2013, in Courtroom 1 of the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina, concerning Polyzen's motion to consolidate. The claims construction hearing will take place at 10:00 a.m. Fo llowing the claims construction hearing, the court will hear oral argument concerning Polyzen's motion to amend and motion for preliminary injunction and RadiaDyne's motion for partial summary judgment regarding inventorship. Signed by Chief Judge James C. Dever III on 10/21/2013. (Sawyer, D.)
September 13, 2012 Opinion or Order Filing 30 ORDER denying 10 Motion to Dismiss for Lack of Jurisdiction and to Correct Ownership. Signed by Chief Judge James C. Dever III on 9/13/2012. (Sawyer, D.)
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Plaintiff: Polyzen, Inc.
Represented By: Steven J. Hultquist
Represented By: Richard T. Matthews
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Defendant: Radiadyne, LLC
Represented By: Daniel T. Blue, III
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