Brookins v. Caterpillar, Inc.
Plaintiff: Brookins and Ernie Brookins
Defendant: Caterpillar, Inc.
Case Number: 3:2016cv00291
Filed: August 9, 2016
Court: US District Court for the District of North Dakota
Office: Eastern Office
County: Cass
Presiding Judge: Daniel L Hovland
Referring Judge: Alice R Senechal
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2018 Opinion or Order Filing 68 ORDER by Chief Judge Daniel L. Hovland Adopting #66 Notice of Voluntary Dismissal filed by Ernie Brookins. (NH)
October 9, 2018 Civil Case Terminated. (lh)
October 3, 2018 Opinion or Order Filing 67 (Text Only) ORDER by Magistrate Judge Alice R. Senechal CANCELLING Status Conference set for 10/5/2018 at 09:30 AM by telephone in light of #66 Notice of Voluntary Dismissal filed by Ernie Brookins. (CS)
October 2, 2018 Filing 66 NOTICE of Voluntary Dismissal by Ernie Brookins (Foss, Sean)
October 1, 2018 Opinion or Order Filing 65 ORDER by Chief Judge Daniel L. Hovland denying #20 Motion to Dismiss; denying #20 Motion to Strike (MM)
September 24, 2018 Filing 64 NOTICE of Hearing: Status Conference set for 10/5/2018 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
September 24, 2018 Filing 63 NOTICE by Caterpillar, Inc. of Final Written Decision by the Patent Trial and Appeal Board (Attachments: #1 Exhibit A - Final Written Decision)(Dynes, Jane)
September 21, 2018 Opinion or Order Filing 62 ORDER LIFTING STAY by Magistrate Judge Alice R. Senechal. (CS)
December 6, 2017 Filing 61 (Text Only) by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 2/9/2018 is CANCELLED. The case has been stayed pending Inter Partes Review. (AS)
November 2, 2017 Opinion or Order Filing 60 (Text Only) ORDER REASSIGNING CASE to Chief Judge Daniel L. Hovland for all further proceedings by Chief Judge Daniel L. Hovland. Judge Ralph R. Erickson no longer assigned to the case. (kmk)
October 23, 2017 Deadlines and Hearings Terminated. Pretrial Conference and Trial set before Judge Ralph R. Erickson on February 27, 2018 are CANCELLED. The parties are reminded to inform the court when a decision has been reached by the Patent Trial and Appeal Board. (SH)
July 6, 2017 Deadlines and Hearings Terminated. Early Settlement Conference set for 8/3/2017 at 09:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal is CANCELLED. Case has been stayed pending Inter Partes Review. (AS)
April 20, 2017 Opinion or Order Filing 59 ORDER by Judge Ralph R. Erickson granting #45 Motion to Stay Pending Outcome of Inter Partes Review. (SH)
April 20, 2017 Deadlines and Hearings Terminated. Markman Hearing set 4/26/2017 and 4/27/2017 is CANCELLED. Case has been stayed pending Inter Partes Review. (SH)
March 31, 2017 Filing 58 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #57 Reply to Response to Motion (Commins, Gregory)
March 31, 2017 Filing 57 REPLY to Response to Motion re #45 MOTION to Stay filed by Caterpillar, Inc.. (Commins, Gregory)
March 31, 2017 Opinion or Order Filing 56 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting joint #54 Motion for Extension of Time to Complete Discovery; granting joint 55 Motion to Stay. Fact discovery will be stayed beginning 4/7/2017 and ending on the date this court issues a claim construction order. On the date this court issues a claim construction order, the fact discovery stay will be lifted, and fact discovery will be due within 30 days of the date of the claim construction order. (LS)
March 30, 2017 Filing 55 MOTION to Stay Discovery by Caterpillar, Inc. (SEE Motion at #54 .) (as)
March 30, 2017 Filing 54 MOTION for Extension of Time to Complete Discovery Joint Motion for Enlargement of Time to Respond to Discovery Requests and Conduct Depositions and for Stay of Discovery by Caterpillar, Inc.(Attachments: #1 Exhibit 1 - Proposed Revised Schedule)(Commins, Gregory) Modified on 3/30/2017 to add exhibit description. (as)
March 30, 2017 DOCKET CORRECTION re: #54 MOTION. Clerk's office added description to exhibit. (as)
March 24, 2017 Filing 53 CERTIFICATE OF SERVICE by Ernie Brookins re #52 Response to Motion upon Defendant's Counsel (Foss, Sean)
March 24, 2017 Filing 52 RESPONSE to Motion re #45 MOTION to Stay Memorandum of Law in Opposition filed by Ernie Brookins. (Foss, Sean)
March 14, 2017 Opinion or Order Filing 51 (Text Only) ORDER by Magistrate Judge Alice R. Senechal adopting the #49 Stipulation filed by Ernie Brookins. Plaintiff's response to Defendant's #45 MOTION to Stay is due by 3/24/2017. (AS)
March 14, 2017 Set/Reset Deadlines as to #45 MOTION to Stay . Responses due by 3/24/2017. (lh)
March 13, 2017 Filing 50 CERTIFICATE OF SERVICE by Ernie Brookins re #49 Stipulation upon Defendant's Counsel (Foss, Sean)
March 13, 2017 Filing 49 STIPULATION re #45 MOTION to Stay Extension of Time to Answer by Ernie Brookins. (Foss, Sean)
March 10, 2017 Filing 48 CERTIFICATE OF SERVICE by Ernie Brookins re #47 Notice of Appearance Carson, Commins, Dynes, McNary, Yashar (Foss, Sean)
March 10, 2017 Filing 47 NOTICE of Appearance by Sean T. Foss on behalf of Ernie Brookins (Foss, Sean)
March 6, 2017 DOCKET CORRECTION re: #46 MEMORANDUM in Support. Clerks office added descriptions to attachments. (js)
March 3, 2017 Filing 46 MEMORANDUM in Support re #45 MOTION to Stay filed by Caterpillar, Inc. (Attachments: #1 Yashar Declaration, #2 Exhibit 1 - Caterpillars IPR petition, #3 Exhibit 2 - Excerpts from Vol. 77, No. 157 of the Federal Register, #4 Exhibit 3 - 1/16/2017 e-mail from Mr. Brookins to Greg Commins dated 1/16/2017, #5 Exhibit 4 - e-mail from Mr. Brookins to Greg Commins dated 1/19/2017, #6 Exhibit 5 - e-mail from Gregory Commins to Timothy Petre dated 1/31/2017)(Commins, Gregory) Modified on 3/6/2017 to add exhibit descriptions. (js)
March 3, 2017 Filing 45 MOTION to Stay by Caterpillar, Inc.. (Commins, Gregory)
March 2, 2017 Filing 44 BRIEF (Plaintiffs Amended Claim Construction Reply Brief) re #43 Brief by Ernie Brookins. (as)
February 28, 2017 Filing 43 BRIEF (Claim Construction Reply Brief) re #38 Brief by Ernie Brookins. (Attachments: #1 Affidavit of Ernie Brookins, #2 Exhibit C - definition of a clutch, #3 Exhibit D - DTA website pages, #4 Exhibit E - DTA document referencing hydraulic pumps, #5 Exhibit F - DTA document referencing hydraulic motors, #6 Exhibit G - Video of Caterpillar (video filed conventionally in the clerk's office). (NOTE: Clerk's office received Exhibits C-G) (js) Modified on 3/2/2017 to correct exhibit descriptions per plaintiff's request. (as)
February 28, 2017 Filing 42 BRIEF re #39 Brief,, Defendant Caterpillar Inc.'s Reply to Plaintiff's Responsive Claim Construction Brief by Caterpillar, Inc.. (Commins, Gregory)
February 17, 2017 Filing 41 BRIEF re #38 Brief (Responsive Claim Construction) by Caterpillar, Inc.. (Attachments: #1 Exhibit 10 - Publisher Program Frequently Asked Questions, #2 Exhibit 11 - Hydrostatic Pump Review, #3 Exhibit 12 - Brookins' Definition of Claims, #4 Exhibit 13 - Webster's Third New International Dictionary)(Commins, Gregory) Modified on 2/21/2017 to add exhibit descriptions(cjs).
February 17, 2017 Filing 40 BRIEF (Responsive Claim Construction) by Ernie Brookins. (Attachments: #1 Exhibit A - Caterpillar Inc.'s Proposed List of Claim Terms for Construction, #2 Exhibit B - Defendant Caterpillar Inc.'s Proposed Claim Constructions)(as)
January 27, 2017 Filing 39 BRIEF Opening Claim Construction by Caterpillar, Inc. (Attachments: #1 Exhibit 1 - U.S. Patent No. 7,824,290, #2 Exhibit 2 - Excerpts from McGraw-Hill Dictionary of Scientific and Technical Terms, #3 Exhibit 3 - Excerpt from Heavy Duty Truck Systems, #4 Exhibit 4 - U.S. Patent No. 4,232,572, #5 Exhibit 5 - U.S. Patent No. 4,363,247, #6 Exhibit 6 - U.S. Patent Nos. 5,667,452, #7 Exhibit 7 - U.S. Patent No. 7,530,914, #8 Exhibit 8 - Prosecution History of U.S. Patent No. 7,824,290, #9 Exhibit 9 - Claim Construction in Warp Speed Torque Drive, LLC v. M.A.C., Inc.,)(Commins, Gregory) (Attachment 9 replaced on 1/30/2017 to remove double header) (js).
January 27, 2017 Filing 38 BRIEF (Opening Claim Construction Brief) by Ernie Brookins. (Attachments: #1 Exhibit A - 10/27/2017 E-mail from Caterpillar to Brookins)(js)
January 18, 2017 Filing 37 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 1/18/2017. (cc: Plaintiff) (DR #170118-000.mp3 JS chambers recorder) (as)
December 9, 2016 Filing 36 NOTICE of Hearing: Mid-Discovery Status Conference RESET for 1/18/2017 at 09:15 AM in Fargo ADR Room before Magistrate Judge Alice R. Senechal. (Previously set for 1/18/2017 at 10:00 AM in Fargo Courtroom 2). (Time and location change). (AS)
November 14, 2016 Filing 35 ANSWER to Counterclaim #34 by Ernie Brookins.(js)
November 10, 2016 Filing 33 NOTICE of Hearing: Markman Hearing set for 4/26/2017 at 09:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson. (Hearing est. 1-2 days). (LS)
November 10, 2016 DOCKET CORRECTION re: #31 ANSWER TO COMPLAINT. Wrong event selected. Clerk's office restricted access to document and re-filed as AMENDED ANSWER at #34 . (as)
November 4, 2016 Filing 34 AMENDED ANSWER to #1 Complaint, COUNTERCLAIM against Ernie Brookins by Caterpillar, Inc. (as)
November 4, 2016 Filing 32 RESPONSE to Motion re #20 MOTION to DismissMOTION to Strike #15 Answer to Complaint, Counterclaim filed by Caterpillar, Inc.. (Commins, Gregory)
November 4, 2016 Filing 31 *RESTRICTED - WRONG EVENT SELECTED* ANSWER to #1 Complaint, with Jury Demand Defendant Caterpillar Inc.'s First Amended Answer and Counterclaim to Plaintiff Ernie Brookins' Complaint, COUNTERCLAIM against Ernie Brookins by Caterpillar, Inc..(Commins, Gregory) Modified on 11/10/2016 to restrict access. (as)
October 28, 2016 Filing 30 NOTICE of Hearing: Pretrial Conference set for 2/27/2018 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. Jury Trial set for 2/27/2018 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Trial est. 7 days). (LS)
October 28, 2016 Opinion or Order Filing 29 ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 2/9/2018 at 11:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (LS)
October 28, 2016 Filing 28 NOTICE of Hearing: Mid-Discovery Status Conference set for 1/18/2017 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (LS)
October 28, 2016 Opinion or Order Filing 27 ORDER by Magistrate Judge Alice R. Senechal. Early Settlement Conference set for 8/3/2017 at 09:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (LS)
October 28, 2016 Opinion or Order Filing 26 SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 4/7/2017. Joinder of Parties due by 11/11/2016. Amended Pleadings due by 1/31/2017. Other Nondispositive Motions due by 11/11/2016. Threshold Motions due by 1/31/2017. (LS)
October 28, 2016 Filing 25 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 10/28/2016. (DR #161028-000) (lc)
October 26, 2016 Opinion or Order Filing 24 ORDER by Magistrate Judge Alice R. Senechal granting #23 Motion for Leave to Appear Pro Hac Vice for Attorney Gregory J. Commins, Jr. (LS) NEF Regenerated to PHV attorney Gregory Commins, Jr. (as)
October 24, 2016 Filing 23 MOTION for Leave to Appear Pro Hac Vice Attorney Gregory J. Commins, Jr. (Filing fee $150, receipt number 317000037) by Caterpillar, Inc. (js)
October 14, 2016 Filing 22 ANSWER to Counterclaim #15 by Ernie Brookins.(as)
October 14, 2016 Filing 21 MEMORANDUM in Support re #20 MOTION to DismissMOTION to Strike #15 Answer to Complaint, Counterclaim filed by Ernie Brookins. (as)
October 14, 2016 Filing 20 MOTION to Dismiss Counterclaim, MOTION to Strike Affirmative Defense re: #15 Answer to Complaint, Counterclaim by Ernie Brookins. (as)
October 5, 2016 Opinion or Order Filing 19 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #18 Motion for Leave to Appear Pro Hac Vice for Attorney Shawnna M. Yashar. (LS) NEF Regenerated to PHV attorney Shawnna Yashar. (as)
October 3, 2016 Filing 18 MOTION for Leave to Appear Pro Hac Vice Attorney Shawnna M. Yashar (Filing fee $150, receipt number 316000594) by Caterpillar, Inc.. (as)
September 26, 2016 Opinion or Order Filing 17 ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 10/28/2016 at 09:00 AM before Magistrate Judge Alice R. Senechal. (AS)
September 23, 2016 Filing 16 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #15 Answer to Complaint, Counterclaim (Carson, Charles)
September 23, 2016 Filing 15 ANSWER to #1 Complaint,,,,,,, with Jury Demand , COUNTERCLAIM against Ernie Brookins by Caterpillar, Inc..(Carson, Charles)
September 20, 2016 Opinion or Order Filing 14 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #13 Motion for Leave to Appear Pro Hac Vice for Attorney Charles C. Carson. (LS) NEF regenerated to PHV attorney Charles Carson on 9/20/2016. (js)
September 19, 2016 Filing 13 MOTION for Leave to Appear Pro Hac Vice Attorney Charles C. Carson (Filing fee $150, receipt number 316000573) by Caterpillar, Inc. (as)
September 1, 2016 Opinion or Order Filing 12 (Text Only) ORDER by Magistrate Judge Alice R. Senechal adopting the #10 Stipulation filed by Caterpillar, Inc. Caterpillar, Inc. answer due 9/23/2016. (AS)
August 31, 2016 Filing 11 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #8 Notice of Appearance, #9 Corporate Disclosure Statement, #10 Stipulation (Dynes, Jane)
August 31, 2016 Filing 10 STIPULATION for Extension of Time (Joint) by Caterpillar, Inc.. (Dynes, Jane)
August 31, 2016 Filing 9 Corporate Disclosure Statement by Caterpillar, Inc.. (Dynes, Jane)
August 31, 2016 Filing 8 NOTICE of Appearance by Jane L. Dynes on behalf of Caterpillar, Inc. (Dynes, Jane)
August 16, 2016 Filing 7 SUMMONS Returned Executed by Ernie Brookins. Caterpillar, Inc. served on 8/12/2016, answer due 9/2/2016 (as)
August 16, 2016 Opinion or Order Filing 6 (Text Only) ORDER REASSIGNING CASE by Chief Judge Ralph R. Erickson. Case assigned to Chief Judge Ralph R. Erickson and referred to Magistrate Judge Alice R. Senechal for all further proceedings. (cc: Ernie Brookins)(as)
August 16, 2016 Filing 5 CONSENT/REASSIGNMENT FORM by Ernie Brookins. (as)
August 15, 2016 Filing 4 REPORT on the filing or determination of an action regarding Patent. Form emailed to register. (as)
August 9, 2016 Filing 3 NOTICE of Direct Assignment as to Ernie Brookins. Consent/Reassignment Form due by 8/23/2016. (as)
August 9, 2016 Filing 2 Summons Issued as to Caterpillar, Inc. (Issued by JS; filed by AS) (as)
August 9, 2016 Filing 1 COMPLAINT against Caterpillar, Inc. (Filing fee $400, receipt number 316000490) filed by Ernie Brookins. (Attachments: #1 Exhibit P1 - Brookins '290 Patent, #2 Exhibit P2 - EPA France letter, #3 Exhibit P3 - Caterpillar '276 Patent, #4 Exhibit P4 - Caterpillar '276 Patent Disclosure Statement, #5 Exhibit P5 - Caterpillar Website Pages, #6 Exhibit P6 - Cease and Desist Letter, #7 Exhibit P7 - USPS Tracking for Cease and desist letter, #8 Exhibit P8 - Caterpillar Video screen shot "Hydrostatic Path", #9 Exhibit P9 - Caterpillar Video screen shot "Mechanical Path", #10 Exhibit P10 - Caterpillar Video screen shot "Power is Split", #11 Exhibit P11 - Caterpillar Video screen shot "Ring Gear Speed", #12 Exhibit P12 - Caterpillar Video screen shot "Driven by Hydrostatic Motor", #13 Exhibit P13 - Caterpillar Video screen shot which is "Controlled by Pump", #14 Exhibit P14 - Caterpillar Video screen shot "Pump Fully Swiveled", #15 Exhibit P15 - Caterpillar Video screen shot "Towards Zero", #16 Exhibit P16 - Caterpillar Video screen shot "Ring Gear Slows Down", #17 Exhibit P17 - Caterpillar Video screen shot "Speed Increases", #18 Exhibit P18 - Caterpillar Video screen shot "At Zero", #19 Exhibit P19 - Caterpillar Video screen shot "Zero Motor Rotation", #20 Exhibit P20 - Caterpillar Video screen shot "Power Flows Through Mechanical Path", #21 Exhibit P21 - Caterpillar Video screen shot "Past Zero", #22 Exhibit Caterpillar Video screen shot "Motor Rotates Opposite", #23 Exhibit P23 - Caterpillar Video screen shot "Increase Output Speed", #24 Exhibit P24 - Order from BHDS v MAC, #25 Civil Cover Sheet)(as)

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Plaintiff: Brookins
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Plaintiff: Ernie Brookins
Represented By: Sean T. Foss
Represented By: Stephen Welle
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Defendant: Caterpillar, Inc.
Represented By: Jane L. Dynes
Represented By: Shawnna M. Yashar
Represented By: Charles C. Carson
Represented By: Gregory J. Commins, Jr.
Represented By: Kasey D. McNary
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