Accordant Energy, LLC v. Vexor Technology, Inc. et al
| Accordant Energy, LLC |
| Vexor Technology, Inc, Vexor Technology, Inc., Vexor Enterprises, Ltd., Vexor Technology, LLC and Vexor Energy of Indiana, LLC |
| Daniel J. Mcmullen |
| 1:2017cv00411 |
| February 28, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Medina |
| Patricia A Gaughan |
| Patent |
| 15 U.S.C. § 1126 |
| Defendant |
Docket Report
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| Filing 122 Judgment Entry: This Court, having GRANTED Accordant Energy's Motion to Dismiss Accordant's Complaint with Prejudice (Doc. #111 ) and finding subject matter over the counterclaims to be lacking (Doc. #121 ), hereby enters judgment in favor of defendant on plaintiff's Complaint. Judge Patricia A. Gaughan on 2/19/19. (LC,S) |
| Filing 121 Memorandum of Opinion and Order: Vexor's Motion for Sanctions Under Fed. R. Civ. Pro. 11 (Doc. #106 ) is DENIED. Judge Patricia A. Gaughan on 2/1/19. (LC,S) |
| Filing 120 Memorandum of Opinion and Order: This matter is before the Court upon Accordant Energy, LLC's Motion to Dismiss Defendants' Counterclaims for Lack of Subject Matter Jurisdiction (Doc. #109 ). The Motion is GRANTED in PART and DENIED in PART. The Counterclaims are DISMISSED, but the Court retains jurisdiction to entertain a motion pursuant to 35 U.S.C. 285. Should defendant choose to file a Section 285 motion, such motion must be filed on or before February 14, 2019. The brief in opposition is due February 28, 2019, and any reply is due on or before March 7, 2019. The motion and brief in opposition are limited to 15 pages and the reply brief is limited to 10 pages. The parties are not permitted to "incorporate by reference" other case filings. Judge Patricia A. Gaughan on 2/1/19. (LC,S) |
| Filing 119 SEALED Document:Reply in Support of Motion for Sanctions filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #88 , #106 . (Attachments: #1 Exhibit 18 - Appendix A to Accordant Initial Infringement Contentions, #2 Exhibit 19 - Declaration of Steven Berry, #3 Exhibit 20 - Jan 26 2017 Plan, #4 Exhibit 21 - May 2017 Ltr, #5 Exhibit 22 - Moser Declaration, #6 Exhibit 23 - Bohlig RPS Bio, #7 Exhibit 24 - Accordant 4th Am Restated LLC Agreement, #8 Exhibit 25 - K-C Biofuels Related Companies, #9 Exhibit 26 - Nydam Email, #10 Exhibit 27 ASTM Method E1107, #11 Exhibit 28 - ASTM Practice D75)(Moser, Christina) |
| Filing 118 SEALED Document:Reply in Support of its Motion to Dismiss Defendant's Counterclaims for Lack of Subject Matter Jurisdiction filed by Accordant Energy, LLC. Related document(s) #88 , #109 . (Attachments: #1 Declaration of Mark Nydam, #2 Exhibit A to Nydam Declaration, #3 Exhibit B to Nydam Declaration, #4 Exhibit C to Nydam Declaration, #5 Exhibit D to Nydam Declaration, #6 Declaration of Lawrence Clark)(Shouvlin, David) |
Order [non-document]: Joint Motion to Extend Deadline to file the reply briefs in support of Accordant's Motion to Dismiss Counterclaims and Vexor's Motion for Sanctions is granted to 12/19/18. Judge Patricia A. Gaughan on 12/18/18. (LC,S)
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| Filing 117 Joint Motion for extension of time until December 19, 2018 to file response/reply to #109 Motion to dismiss Defendants' Counterclaims for Lack of Subject Matter Jurisdiction, #106 Motion for sanctions filed by Vexor Technology, Inc., Vexor Technology, LLC, Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #109 , #106 . (Attachments: #1 Proposed Order)(Moser, Christina) |
| Filing 116 SEALED Document:Opposition to Motion to Dismiss Counterclaims filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #88 , #109 . (Attachments: #1 Declaration of Steven Berry, #2 Exhibit 1 - U.S. 8,444,721, #3 Exhibit 2 - Accordant Board Presentation)(Moser, Christina) |
| Filing 115 SEALED Document: filed by Accordant Energy, LLC. (Related document(s) #88 , #114 , #106 ). (Attachments: #1 Exhibit 3 - 2.28.18 Letter, #2 Exhibit 4 - 9.13.18 Email, #3 Exhibit 6 - 7.14.16 Email) (Shouvlin, David) |
| Filing 114 Opposition to #106 Motion for sanctions filed by Accordant Energy, LLC. (Attachments: #1 Exhibit 1 - Declaration of Graves, #2 Exhibit 2 - Graves letter to Moser 1.19.18, #3 Exhibit 3 - 2.28.18 Letter [FILED SEPARATELY UNDER SEAL], #4 Exhibit 4 - 9.13.18 Email [FILED SEPARATELY UNDER SEAL], #5 Exhibit 5 - Vexor's 1st Amended and Supplemented Responses, #6 Exhibit 6 - 7.14.16 Email [FILED SEPARATELY UNDER SEAL], #7 Exhibit 7 - Vexor's Responses to Accordant First Set of RFAs, #8 Exhibit 8 - Declaration of Leisey, #9 Exhibit 9 - Engineered Fuel -3.21.16, #10 Exhibit 10 - Quality Profile, #11 Exhibit 11 - Project Narrative Gary Indiana, #12 Exhibit 12 - Declaration of Speight, #13 Exhibit 13 - Resume of Speight, #14 Exhibit 14- E 889, #15 Exhibit 15 - Medina 1 VEF test results, #16 Exhibit 16 - Medina 2 VEF test results, #17 Exhibit 17 - Gary 1 VEF test results, #18 Exhibit 18 - Gary 2 VEF test results, #19 Exhibit 19 - Declaration of Nydam)(Shouvlin, David) |
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Filing 113
Order: Both parties have submitted letters to the Court addressing discovery issues and, specifically, requesting clarification regarding the Court's discovery deadlines given plaintiff's recent dismissal of its claims. In light of the pending motion to dismiss the counterclaims, which may result in a termination of this matter, the Court finds that a short stay of the remaining deadlines is warranted. The Court will provide new dates, if necessary, after a ruling on the pending motions. Judge Patricia A. Gaughan on 11/16/18. (LC,S)
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| Filing 112 Marginal Entry Order: Plaintiff Accordant Energy, LLC's Request for a Status Conference is DENIED as being unnecessary. Briefs in opposition to the Motion to Dismiss Counterclaims and the Motion for Sanctions are due 12/3/18. Reply briefs are due 12/17/18. Judge Patricia A. Gaughan on 11/6/18. (Related Doc #110 ) (LC,S) |
| Filing 111 Marginal Entry Order: Accordant Energy, LLC's Motion to Dismiss Accordant's Complaint (Doc. #1 ) With Prejudice is GRANTED. Judge Patricia A. Gaughan on 11/6/18. (Related Doc #108 ) (LC,S) |
| Filing 110 Motion/request for status conference filed by Plaintiff Accordant Energy, LLC. (Shouvlin, David). |
| Filing 109 Motion to dismiss Defendants' Counterclaims for Lack of Subject Matter Jurisdiction filed by Plaintiff Accordant Energy, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Vexor Covenant Not To Sue, #3 Exhibit B - Bendix Covenant Not to Sue) (Shouvlin, David) |
| Filing 108 Motion to dismiss Accordant's Complaint With Prejudice filed by Plaintiff Accordant Energy, LLC. (Attachments: #1 Proposed Order)(Shouvlin, David) |
| Filing 107 SEALED Document:Exhibits in Support of Motion for Sanctions filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #88 , #106 . (Attachments: #1 Exhibit 2 - Vexor Jan 12, 2018 Letter, #2 Exhibit 3 - Accordant Response to Jan. 12, 2018 Letter, #3 Exhibit 11 - Carmeuse Specifications, #4 Exhibit 16 - Carmeuse Deposition, #5 Exhibit 17 - NCR Report Exhibit to Carmeuse Deposition)(Moser, Christina) |
| Filing 106 Motion for sanctions filed by Vexor Technology, Inc., Vexor Technology, LLC, Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Exhibit 1 - Moser Declaration, #2 Exhibit 4 - Prosecution History, #3 Exhibit 5 - Calabrese Deposition, #4 Exhibit 6 - Emails re Contention Deficiencies, #5 Exhibit 7 - Correspondence re Written Discovery Deficiencies, #6 Exhibit 8 - Aug 16, 2017 Discovery Letter, #7 Exhibit 9 - Accordant Amended and Supplemented Interrogatory Response, #8 Exhibit 10 - June 2006 Waste Analysis Plan, #9 Exhibit 12 - Keying in on Quality Article, #10 Exhibit 13 - Ohio EPA letter, #11 Exhibit 14 - Mixed Waste Composting Trends Article, #12 Exhibit 15 - October 10, 2016 Letter)(Moser, Christina) |
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Filing 105
Order: This matter is before the Court upon plaintiff's Motion for a Protective Order from Vexor Technology, Inc.'s & Vexor Technology, LLCs First Set of Requests for Admission (Doc. #100 ). The motion is GRANTED. Defendants may file a total of 40 requests for admission, exclusive of authentication requests. Also pending is plaintiff's Motion to Compel the Production of Documents from Vexor Technology, Inc. and Vexor Technology, LLC (Doc. #101 ). The motion is DENIED. To the extent the documents sought are even arguably relevant, production of the documents is not proportional to the needs of the case. Judge Patricia A. Gaughan on 10/25/18. (LC,S)
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| Filing 104 SEALED Document: Exhibit A to Opposition to Motion to Compel, AEO Email filed by Vexor Technology, Inc., Vexor Technology, LLC. (Related document(s) #88 , #103 ) (Moser, Christina) |
| Filing 103 Opposition to #101 Motion to compel discovery from Vexor Technology, Inc. & Vexor Technology, LLC filed by Vexor Technology, Inc., Vexor Technology, LLC. (Moser, Christina) |
| Filing 102 Opposition to #100 Motion for protective order from Vexor Technology, LLC's first set of request for admissions filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Federal Circuit Model Order)(Moser, Christina) |
| Filing 101 Motion to compel discovery from Vexor Technology, Inc. & Vexor Technology, LLC filed by Plaintiff Accordant Energy, LLC. (Shouvlin, David) Modified on 10/2/2018 (L,Ja). |
| Filing 100 Motion for protective order from Vexor Technology, LLC's first set of request for admissions filed by Plaintiff Accordant Energy, LLC. (Attachments: #1 Exhibit First Set of Requests for Admission to Accordant Energy, LLC)(Shouvlin, David) |
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Filing 99
Order: The Court has been informed by the parties that this matter will not settle. Therefore, the following dates are set: Non-expert discovery cutoff: November 19, 2018; Expert reports for the party with the burden of proof: December 19, 2018; Rebuttal expert reports: January 19, 2019; Expert discovery cutoff: February 19, 2019; Dispositive motions due: March 19, 2019. This Court will not entertain any further requests for a stay or requests for extensions of time. Judge Patricia A. Gaughan on 8/23/18. (LC,S)
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Order [non-document]: At the request of the parties, stay is continued until 8/17/18 to allow time to finalize the settlement. Judge Patricia A. Gaughan on 7/31/18. (LC,S)
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Order [non-document]: Status Conference of 6/15/18 is cancelled at the request of the parties. The Court is granting a six-week stay while the parties discuss settlement. Judge Patricia A. Gaughan on 6/14/18. (LC,S)
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Order [non-document]: Joint Motion for Extension of Case Deadlines is Granted as follows: Non-expert discovery - 7/23/18; Expert reports for the party with the burden of proof - 8/22/18; Rebuttal expert reports - 9/21/18; Expert discovery - 10/22/18; Dispositive motions - 11/20/18. Judge Patricia A. Gaughan on 5/2/18. (LC,S) re #98
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| Filing 98 Joint Motion for extension of Case Deadlines filed by Plaintiff Accordant Energy, LLC. (Shouvlin, David) |
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Order [non-document]Joint Motion for Short Stay of Discovery and Extension of Case Deadlines is GRANTED. Discovery is stayed until 4/23/18. All deadlines are extended by three weeks. Non-expert discovery deadline is 6/11/18; Expert report for the party with the burden of proof is due 7/11/18; Rebuttal report is due 8/10/18; Exert discovery deadline is 9/10/18; Dispositive motion deadline is 10/11/18. Related Doc #97 ) Judge Patricia A. Gaughan on 4/02/18.(D,Ma)
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| Filing 97 Joint Motion for Short Stay of Discovery until 4/23/18 and Extension of Case Deadlines by three weeks filed by Plaintiff Accordant Energy, LLC. (Shouvlin, David) |
| Filing 96 Schedules mediation & Report of Mediator deadline with mediation conference to be held on 3/28/2018 at 09:30 AM at Calfee, Halter & Griswold, LLP, 1405 East Sixth Street, Cleveland, OH 44114. Report of Mediator to be manually filed with the ADR Administrator no later than 5/1/2018. Filed by Daniel J. Mcmullen(McMullen, Daniel) |
| Filing 95 Notice of Designation of Mediator. Report of Mediator Form is attached to this notice. Mediator to schedule the Mediation and file electronic notice setting forth the date, time and location of the Mediation. Designated Neutral: Daniel McMullen. ADR Hearing to be scheduled on or before 4/17/2018. Report of Mediator to be manually filed with the ADR Administrator no later than 5/1/2018. Related document(s) #90 . (Attachments: #1 Report of Mediator Form)(W,Na) |
| Filing 94 Notice received from potential neutral, Daniel McMullen re: conflict. Neutral available: Yes Related document(s) #92 . (W,Na) |
| Filing 93 Response to Answer and Counterclaims filed by Accordant Energy, LLC. Related document(s) #85 . (Shouvlin, David) Modified text on 3/22/2018 (S,Ke). |
| Filing 92 Notice sent to first potential neutral, re: conflict request. Neutral Conflict Response due by 3/8/2018. Related document(s) #90 . (Attachments: #1 Neutral Response Form, #2 Docket Sheet with Atty/Party Names)(B,AL) |
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Filing 91
Order: This matter is before the Court upon Accordant Energy, LLC's Motion to Dismiss Vexor Technology, Inc.'s & Vexor Technology, LLC's Inequitable Conduct Counterclaim and to Strike the Affirmative Defense of Inequitable Conduct. Because the motion is, in essence, a disguised motion for reconsideration, and because plaintiff presents no grounds justifying reconsideration, the motion is DENIED. It is apparent that plaintiff is directly challenging this Court's previous ruling. Plaintiff, however, fails to identify any basis that would warrant reconsideration. Therefore, for the reasons previously stated by the Court, the motion to dismiss is DENIED. A reply to the counterclaim is due within three days of the issuance of this Order. Judge Patricia A. Gaughan on 2/28/18. (Related Doc #89 ) (LC,S)
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Filing 90
Order: By agreement of the parties, this matter is referred to Court Mediation and, specifically, to Attorney Dan McMullen to conduct the mediation. Judge Patricia A. Gaughan on 2/28/18. (LC,S)
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| Filing 89 Motion to dismiss for failure to state a claim second Counterclaim and to strike the corresponding affirmative defense filed by Counter-Defendant Accordant Energy, LLC. Related document(s) #85 . (Attachments: #1 Brief in Support)(Shouvlin, David) |
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Order [non-document]: The Order of 2/20/18 is amended to add the following: Non-expert discovery deadline is 5/20/18; Expert report for the party with the burden of proof is due 6/20/18; Rebuttal report is due 7/20/18; Exert discovery deadline is 8/20/18; Dispositive motion deadline is 9/20/18. Judge Patricia A. Gaughan on 2/21/18. (LC,S)
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| Minutes/Order [non-document]: Status Conference was held. The parties are to submit a joint letter by 2/27/18, regarding their willingness to participate in court mediation or private mediation. Telephonic Status Conference is set 6/15/18 at 8:30 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 2/20/18. (LC,S) Time: 30 mins. |
| Filing 88 Protective Order. Judge Patricia A. Gaughan on 2/14/18. (Related Doc #87 ) (LC,S) |
| Filing 87 Joint Motion for protective order filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #65 . (Attachments: #1 Proposed Order)(Moser, Christina) |
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Filing 86
Order: This matter is before the Court upon a discovery dispute submitted via letter briefing to the Court's chambers email. For the following reasons, the Court finds that plaintiff is not entitled to the relief it seeks. Judge Patricia A. Gaughan on 2/9/18. (LC,S)
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Order [non-document]: At the request of the parties, Telephonic Status Conference of 2/15/18 is continued to 2/20/18 at 9:30 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 2/7/18. (LC,S)
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| Filing 85 Second Amended Counterclaim against Accordant Energy, LLC. Filed by Vexor Technology, LLC, Vexor Technology, Inc.. Related document: #84 . (Moser, Christina) |
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Order [non-document]: Telephonic Status Conference is set 2/15/18 at 9:30 a.m. to address the remaining deadlines now that claim construction has concluded. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 2/1/18. (LC,S) Time: 30 mins.
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Order [non-document]: Telephonic Status Conference is set 2/15/18 at 9:30 a.m. to address the remaining deadlines now that claim construction has concluded. Judge Patricia A. Gaughan on 2/1/18. (LC,S)
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Filing 84
Order: Defendant Vexor's Motion for Leave to Amend Answer, Counterclaim, and Affirmative Defenses is GRANTED in PART and DENIED in PART. An amended answer and counterclaim is due within fourteen days of the entry of this Order and plaintiff's reply to the counterclaim is due twenty days thereafter. (Related Doc #66 ) Judge Patricia A. Gaughan on 1/24/18.(D,Ma)
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Order [non-document]: The Court is in receipt of Plaintiff's letter of January 12, 2018. A response is due January 26, 2018. A reply, if any, is due February 2, 2018. Judge Patricia A. Gaughan on 1/17/18. (LC,S)
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Filing 83
Order: This matter is before the Court upon Plaintiff Accordant Energy, LLC's Motion to Alter or Amend (And Stay) the Court's Order of December 15, 2017 (Doc. #80 ). The motion is DENIED. Judge Patricia A. Gaughan on 1/17/18.(LC,S)
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| Filing 82 Reply in support of #80 Motion to alter/amend December 15, 2017 Order Motion to stay filed by Accordant Energy, LLC. (Attachments: #1 Exhibit December 1, 2017 Letter)(Shouvlin, David) |
| Filing 81 Opposition to #80 Motion to alter/amend December 15, 2017 Order Motion to stay filed by Vexor Technology, Inc., Vexor Technology, LLC. (Moser, Christina) |
| Filing 80 Motion to alter/amend December 15, 2017 Order, and Motion to stay order filed by Plaintiff Accordant Energy, LLC. (Related document(s) #79 ). (Attachments: #1 Brief in Support, #2 Exhibit Declaration of Justin Leisey, #3 Exhibit Declaration of Paula Calabrese) (Shouvlin, David). Added Motion to stay and text modified on 1/2/2018 (H,SP). |
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Filing 79
Order: This matter is before the Court upon a discovery dispute brought to this Court's attention via a letter submitted by defendant on November 15, 2017. Defendant asks that the Court compel production of certain documents plaintiff withheld as protected by either the attorney-client privilege or work product doctrine. Plaintiff submitted a letter in opposition and defendant filed a reply. The documents at issued must be produced within five days of the entry of this Order. Defendant's request for production of certain documents is GRANTED. Judge Patricia A. Gaughan on 12/15/17. (LC,S)
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Order [non-document]: Vexor's Motion to Exceed Page Limit for Vexor's Motion for Leave to Amend Answer, Counterclaims, and Affirmative Defenses is Granted. Judge Patricia A. Gaughan on 12/12/17. (Related Doc #78 ) (LC,S)
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| Filing 78 Motion for leave to Exceed Page Limitation for Vexor's Motion for leave to amend Answer, Counterclaims and Affirmative Defenses filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #66 . (Attachments: #1 Table of Contents and Table of Authorities)(Moser, Christina) Modified text on 12/21/2017 (D,TM). |
| Filing 77 Reply in support of #66 Motion for leave to file Second Amended Answer, Counterclaims filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Exhibit E - Accordant Responses to Interrogatories)(Moser, Christina) Modified text on 12/21/2017 (D,TM). |
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Order [non-document] Status Conference of 12/14/17 is hereby cancelled in light of the pending Motion for Leave to Amend and the discovery dispute. Judge Patricia A. Gaughan on 12/06/17. (D,Ma)
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Order [non-document]: Plaintiff's Unopposed Motion to Extend Response Dates to Discovery Dispute Letter is Granted to 12/1/17. Reply is due 12/8/17. Judge Patricia A. Gaughan on 11/28/17. (LC,S) re #76
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| Filing 76 Unopposed Motion for extension of time until December 1, 2017 to Respond to Discovery Dispute Letter filed by Plaintiff Accordant Energy, LLC. (Shouvlin, David) |
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Filing 75
Order on Claim Construction: The Court construes the disputed claims as set forth herein. The Court will accept further briefing with respect to the construction and/or indefiniteness of the term "fiber." That term will be further addressed by the Court in the context of the parties' summary judgment motions. Judge Patricia A. Gaughan on 11/21/17. (LC,S)
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| Filing 74 Minutes/Order: The Court is in possession of defendant's letter of November 15, 2017, outlining a discovery dispute between the parties. A responsive letter is due November 29, 2017 and a reply letter is due December 6, 2017. Judge Patricia A. Gaughan on 11/16/17. (LC,S) |
| Filing 73 Opposition to #66 Motion for leave to Amend Answer, Counterclaims, and Affirmative Defenses filed by Accordant Energy, LLC. (Attachments: #1 Exhibit December 16, 2011 Office Action Response, #2 Exhibit Calabrese Assignment, #3 Exhibit Bai Assignment, #4 Exhibit Bai and Bohlig Assignment)(Shouvlin, David) |
| Filing 72 Joint Claim Construction and Prehearing Statement filed by Accordant Energy, LLC, Vexor Technology Inc., Vexor Technology, LLC (Attachments: #1 Exhibit Joint Claim Construction Chart)(Shouvlin, David) |
| Filing 71 Exhibits to Responsive Claim Construction Brief filed by Accordant Energy, LLC. Related document(s) #70 . (Attachments: #1 Exhibit Comments on Statement for Reason for Allowance, #2 Exhibit Office Action Response)(Shouvlin, David) |
| Filing 70 Markman Brief Responsive Claim Construction filed by Accordant Energy, LLC. Related document(s) #63 . (Shouvlin, David) |
| Filing 69 Markman Brief Responsive to Accordant Opening Brief filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #62 . (Attachments: #1 McCue Declaration, #2 Exhibit L - Calabrese Deposition, #3 Exhibit M - 312 Amendment, #4 Exhibit N - European Refusal)(McCue, Shannon) |
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Filing 68
Order: This Court reviewed the discovery dispute outlined in the letters dated October 18, 2017 and October 20, 2017. Based on the stipulation entered between the parties, Vexor Energy of Indiana ("VEI") must respond to discovery as if it were a party to this litigation. As such, plaintiff need not issue subpoenas to secure the discovery. The Court notes that, with the exception of personal jurisdiction and venue, VEI did not waive objections to the discovery requests. This includes objections based on relevance. Nor does the Court express any ruling on whether personal jurisdiction or venue exists over potential claims plaintiff may assert against VEI. Rather, the Court simply notes that VEI waived those arguments with respect to the issuance of discovery. VEI is not a party to this case. Rather, VEI simply agreed that it would not oppose discovery based on its status as a non-party. Judge Patricia A. Gaughan on 10/24/17. (LC,S)
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| Filing 67 Joint Motion to Extend Briefing Schedule Related to Defendants' #66 Motion for Leave to Amend Answer, Counterclaim and Affirmative Defenses until 11/15/17 for Plaintiff Accordant and until 12/11/17 for Defendant Vexor filed by Plaintiff Accordant Energy, LLC. (Shouvlin, David) Modified text on 10/24/2017 (G,CA). |
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Order [non-document]: Joint Motion to Extend Briefing Schedule Related to Defendants' Motion for Leave to Amend Answer, Counterclaim and Affirmative Defenses is Granted. Brief in opposition is due 11/15/17. Reply brief is due 12/11/17. Judge Patricia A. Gaughan on 10/23/17. (LC,S) re #67
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Order [non-document] The Court is in receipt of Plaintiff's letter of 10/18/17. A responsive letter is due 10/20/17. Judge Patricia A. Gaughan on 10/19/17. (D,Ma)
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| Filing 66 Motion for leave to Amend Answer, Counterclaims, and Affirmative Defenses filed by Vexor Technology, Inc., Vexor Technology, LLC, Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Exhibit A - Vexor's [Proposed] Second Amended Answer and Counterclaims, #2 Exhibit B - Redline - Vexor's [Proposed] Second Amended Answer and Counterclaims, #3 Exhibit C - Declaration of Christina J. Moser in Support of Vexor's Motion for Leave to Amend Answer, Counterclaims, and Affirmative Defenses, #4 Exhibit D - Deposition of Paula Calabrese)(Moser, Christina) |
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Filing 65
Order: This matter is before the Court upon Plaintiff Accordant Energy, LLC's Motion for Entry of Protective Order (Doc. #42 ). Also pending is Defendant Vexor's Motion for Protective Order (Doc. #43 ). The parties' motions for a protective order are DENIED. The Court instructs the parties to meet and confer and present the Court with a proposed joint protective order consistent with this Opinion. Judge Patricia A. Gaughan on 10/3/17. (LC,S)
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| Filing 64 Memorandum of Opinion and Order: Plaintiff Accordant Energy, LLC's Motion to Dismiss Vexor Technology, Inc.'s & Vexor Technology, LLC's Amended Inequitable Conduct Counterclaim and to Strike Affirmative Defense of Inequitable Conduct (Doc. #37 ) is GRANTED. Judge Patricia A. Gaughan on 9/19/17. (LC,S) |
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Order [non-document]: Telephonic Status Conference of 11/15/17 is continued to 12/14/17 at 9:15 a.m. due to a scheduling conflict. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 9/19/17. (LC,S)
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| Filing 63 Markman Brief filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Exhibit A - VEF Office Action, #2 Exhibit B - Relevant 096 Prosecution History, #3 Exhibit C - Notice of Allowability for 268 Patent, #4 Exhibit D - 020 Provisional Application, #5 Exhibit E - Merriam-Webster Dictionary, #6 Exhibit F - Warf, #7 Exhibit G - Eley, #8 Exhibit H - Reiniger, #9 Exhibit I - Noll, #10 Exhibit J - Lee, #11 Exhibit K - Studley)(McCue, Shannon) |
| Filing 62 Markman Brief filed by Accordant Energy, LLC. (Attachments: #1 Exhibit 268 Patent, #2 Exhibit 051 Patent, #3 Exhibit 957 Publication)(Shouvlin, David) |
| Filing 61 Reply in support of #43 Sealed Motion for Protective Order filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Exhibit 9 - Supp Moser Declaration, #2 Exhibit 10 - Accordant May 17 Email)(Moser, Christina) |
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Filing 60
Order: Defendants' Motion to Stay in Part Discovery and Claim Construction (Doc. #49 ) is DENIED and Plaintiff Accordant Energy, LLC's Motion to Deny Without Prejudice or Defer Ruling on Defendants' Motion for Summary Judgment of No Liability and Invalidity of the Asserted Patents (Doc. #50 ) is GRANTED. The Motion for Summary Judgment of No Liability and Invalidity of the Asserted Patents by Vexor (Doc. #44 ) is DENIED without PREJUDICE subject to refiling. Judge Patricia A. Gaughan on 9/12/17. (LC,S)
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| Filing 59 Reply in support of #50 Motion Expedited Rule 56(d) Motion to deny without prejudice or defer ruling on Defendants Motion for Summary Judgment. filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 58 Reply in support of #42 Motion for protective order filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 57 Reply in support of #49 Motion to stay in part discovery and claim construction filed by Vexor Technology, Inc., Vexor Technology, LLC. (Moser, Christina) |
| Filing 56 Corrected Opposition to #43 Sealed Motion for Protective Order filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 55 Opposition to #50 Motion Expedited Rule 56(d) Motion to deny without prejudice or defer ruling on Defendants Motion for Summary Judgment. filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Exhibit A - Moser Declaration, #2 Exhibit B - May 8 Discovery Responses, #3 Exhibit C - May 26 Letter and Supp Responses, #4 Exhibit D - Clark Declaration, #5 Exhibit E - Vexor Prelim Invalidity Contentions, #6 Exhibit F - Vexor Draft Planning Report, #7 Exhibit G - Accordant Email)(Moser, Christina) |
| Filing 54 Opposition to #42 Motion for protective order filed by Vexor Technology, Inc., Vexor Technology, LLC. (Moser, Christina) |
| Filing 53 Opposition to #43 Sealed Motion for Protective Order filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 52 Opposition to #49 Motion to stay in part discovery and claim construction filed by Accordant Energy, LLC. (Shouvlin, David) |
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Filing 51
Order: A number of motions are currently pending before this Court. The Court hereby Orders as follows: Briefs in opposition to the Motion to Stay in Part Discovery and Claim Construction (Doc. #49 ) and Plaintiff Accordant Energy, LLC's Expedited Motion to Deny Without Prejudice or Defer Ruling on Defendants' Motion for Summary Judgment of No Liability and Invalidity of the Asserted Patents (Doc. #50 ) are due on or before September 7, 2017. Any reply briefs are due on or before September 8, 2017; and Briefing on the pending discovery disputes, as well as a response to Vexor's August 24, 2017 letter, will not be stayed. Judge Patricia A. Gaughan on 8/31/17. (LC,S)
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| Filing 50 Motion Expedited Rule 56(d) Motion to deny without prejudice or defer ruling on Defendants Motion for Summary Judgment. filed by Plaintiff Accordant Energy, LLC. Related document(s) #44 . (Attachments: #1 Brief in Support, #2 Exhibit Declaration)(Shouvlin, David) |
| Filing 49 Motion to stay in part discovery and claim construction filed by Vexor Technology, Inc., Vexor Technology, LLC, Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #44 . (Attachments: #1 Exhibit A - Declaration of Christina J. Moser, #2 Exhibit B - Declaration of Steven Berry)(Moser, Christina) |
| Filing 48 Redacted Opposition to #37 Motion to dismiss counterclaim and strike affirmative defense filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Affidavit Redacted Declaration in Support of Opposition, #2 Exhibit Reference to Exhibits Under Seal)(Moser, Christina) Modified text on 9/14/2017 (P,WL). |
| Filing 47 SEALED Document: Notice of Correction to Docket Entry 45 filed by Vexor Technology, Inc., Vexor Technology, LLC. (Related document(s) #8 , #44 , #45 ). (Attachments: #1 Exhibit TT (corrected)) (Moser, Christina). Modified on 8/28/2017 to remove double wording (H,SP). |
| Filing 46 Notice of Correction to Dkt 44 - Motion for Summary Judgment by Vexor filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Motion for Summary Judgment (corrected), #2 Exhibit AA - Chen Article (corrected))Related document(s) #44 .(Moser, Christina) |
| Filing 45 SEALED Document: Appendix of Confidential Exhibits in Support of Motion for Summary Judgment filed by Vexor Technology, Inc., Vexor Technology, LLC. (Related document(s) #8 , #44 ). (Attachments: #1 Exhibit E - Calabrese Deposition, #2 Exhibit P - Bohlig Deposition, #3 Exhibit GG - Energis Quotes, #4 Exhibit HH - Engergis Approvals, #5 Exhibit II - Oberth Declaration, #6 Exhibit JJ - Energis Lab Documents, #7 Exhibit KK - SC Outbound Shipment Log, #8 Exhibit LL - SC Approval Log, #9 Exhibit NN - Email Solicitation, #10 Exhibit QQ - Sales Ledger for 2007 by Customer, #11 Exhibit RR - Outbound shipments for 2007, #12 Exhibit SS - Carmeuse trial VEF analysis, #13 Exhibit TT - Carmeuse BTU analysis, #14 Exhibit WW - Master Component List, #15 Exhibit YY - Carmeuse Reports, #16 Exhibit ZZ - Vexor Ledger) (Moser, Christina). Modified on 8/25/2017, filer notified of error on certificate of service page, and correct electronic signature (H,SP). |
| Filing 44 Motion for summary judgment of invalidity, ineligibility, and noninfringement filed by Vexor Technology, Inc., Vexor Technology, LLC, Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A - 268 Patent, #3 Exhibit B - 051 Patent, #4 Exhibit C - Accordant Initial Infringement Contentions, #5 Exhibit D - VEF Trademark Registration, #6 Exhibit F - Moser Declaration, #7 Exhibit G - 2009 CEMEX Application, #8 Exhibit H - 2011 TEPD, #9 Exhibit I - 2008 EPA Cement Sector Report, #10 Exhibit J - Accordant Responses to Second Set of Interrogatories, #11 Exhibit K - Relevant Prosecution History, #12 Exhibit L - Tomczyk Article, #13 Exhibit M - Boavida Article, #14 Exhibit N - Fisher Article, #15 Exhibit O - Morrison Patent, #16 Exhibit Q - Geocycle Article, #17 Exhibit R - Vexor Patent Application, #18 Exhibit S - Genssler Patent, #19 Exhibit T - Basic & Stoll, #20 Exhibit U - McKendry I Article, #21 Exhibit V - REET Text, #22 Exhibit W - Hasselriis Text, #23 Exhibit X - Leveson Patent, #24 Exhibit Y - McKendry II Article, #25 Exhibit Z - Serio Patent, #26 Exhibit AA - Chen Article, #27 Exhibit BB - Serio Article, #28 Exhibit CC - Senneca Article, #29 Exhibit DD - 020 Provisional, #30 Exhibit EE - 025 Provisional, #31 Exhibit FF - Waters Declaration, #32 Exhibit GG - Energis Quotes [filed separately under seal], #33 Exhibit HH - Energis Approvals [filed separately under seal], #34 Exhibit II - Oberth Declaration [redacted], #35 Exhibit JJ - Energis Lab Results [filed separately under seal], #36 Exhibit KK - Outbound Log [filed separately under seal], #37 Exhibit LL - SC Approval Log [filed separately under seal], #38 Exhibit MM - Vexor Brochure, #39 Exhibit NN - Email solicitation [filed separately under seal], #40 Exhibit OO - Presentation, #41 Exhibit PP - VEF Storyline, #42 Exhibit QQ - 2007 Sales by Customer [filed separately under seal], #43 Exhibit 2007 Outbound Tonnage [filed separately under seal], #44 Exhibit SS - Carmeuse trial data [filed separately under seal], #45 Exhibit TT - Carmeuse BTU Analysis [filed separately under seal], #46 Exhibit UU - Third Party Lab Results for VEF, #47 Exhibit VV - Patent Proposal, #48 Exhibit WW - Master Component List [filed separately under seal], #49 Exhibit XX - Generic VEF Specification, #50 Exhibit YY - Carmeuse Reports [filed separately under seal], #51 Exhibit ZZ - Vexor Ledger for 2006-2008 [filed separately under seal])(Moser, Christina) |
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Order [non-document]: The Court is in receipt of Attorney Shouvlin's letter of 8/24/17. If necessary, a motion to compel may be filed after review of defendants document production. Judge Patricia A. Gaughan on 8/25/17. (LC,S)
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| Filing 43 SEALED Motion: for Protective Order filed by Vexor Technology, Inc., Vexor Technology, LLC. (Related document(s) #8 ). (Attachments: #1 Declaration of Christina Moser, #2 Proposed Protective Order, #3 Exhibit 2 - Order in Datatrak v Medidata, #4 Exhibit 3 - Order in A. Schulman v PolyOne, #5 Exhibit 4 - Board Meeting Slides, #6 Exhibit 5 - Strategic Planning Slides, #7 Exhibit 6 - Deposition of Paula Calabrese, #8 Exhibit 7 - Cloud Storage Notification, #9 Exhibit 8 - Research E-Mails and Regulatory Papers) (Moser, Christina). Modified on 8/25/2017, to correct event, to remove double wording, filer notified of error on certificate of service page (H,SP). |
| Filing 42 Motion for protective order filed by Plaintiff Accordant Energy, LLC. (Attachments: #1 Proposed Order Ex. 1 - Accordants Proposed Protective Order (for entry by the Court), #2 Exhibit 2 - Vexors August 16, 2017 version of protective order tendered to Accordant)(Shouvlin, David) |
| Filing 41 Reply in support of #37 Motion to dismiss for failure to state a claim Defendants' amended inequitable conduct counterclaim and affirmative defense filed by Accordant Energy, LLC. (Shouvlin, David) |
| Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 11/15/17 at 9:00 a.m. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax at (216) 357-7215. Judge Patricia A. Gaughan on 8/10/17. (LC,S) |
| Filing 40 SEALED Document: Opposition to Accordant's Motion to Dismiss and Strike filed by Vexor Technology, Inc., Vexor Technology, LLC. (Related document(s) #8 , #37 ). (Attachments: #1 Declaration in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16) (Moser, Christina). Modified on 8/10/2017 to remove all caps and double wording (H,SP). |
| Filing 39 Attorney Appearance by Shannon V. McCue filed by on behalf of Vexor Technology, Inc., Vexor Technology, LLC. (McCue, Shannon) |
| Filing 38 Attorney Appearance by Brendan E. Clark filed by on behalf of Vexor Technology, Inc., Vexor Technology, LLC. (Clark, Brendan) |
| Filing 37 Motion to dismiss for failure to state a claim, Defendants' amended inequitable conduct counterclaim and affirmative defense filed by Accordant Energy, LLC. Related document(s) #29 . (Attachments: #1 Brief in Support, #2 Exhibit Patentee Remarks, #3 Exhibit Bai Declaration, #4 Exhibit Patent - US4236897, #5 Exhibit Patent US5429645)(Shouvlin, David) Modified text on 7/13/2017 (G,CA). |
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Order [non-document]: Plaintiff's Assented to Motion for Extension of time to Move or Plead to Defendants Vexor Technology, Inc. and Vexor Technology, LLC's Amended Answer and Counterclaims is Granted to 7/10/17. Judge Patricia A. Gaughan on 6/26/17. (LC,S) re #36
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| Filing 36 Unopposed Motion for extension of time until 7/10/17 to respond to amended answer and counterclaims filed by Plaintiff Accordant Energy, LLC. Related document(s) #35 . (Shouvlin, David) |
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Filing 35
Order: Motion by Vexor for Leave to Amend Answer and Counterclaims and File the Attached Amended Pleading Instanter is GRANTED (Doc. 29). Plaintiff Accordant Energy, LLC's Motion to Dismiss Vexor Technology, Inc.'s & Vexor Technology, LLC's Inequitable Conduct Counterclaim and to Strike Affirmative Defense of Inequitable Conduct is MOOT. (Doc. 22).Judge Patricia A. Gaughan on 6/14/17.(D,Ma)
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| Filing 34 Reply in support of #29 Motion for leave to File Amended Answer and Counterclaims Instanter filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Copy of Conair Decision, #2 Copy of Tannerite Decision)(Moser, Christina) |
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Filing 33
Order: This Court reviewed the discovery dispute outlined in the letters dated June 5, 2017 and June 7, 2107. The Court will afford plaintiff up through and including July 21, 2017, to make the deponents available. As plaintiff notes, this case is in the early stages and the invalidity and unenforceability contentions can be amended without leave of Court after this date. Judge Patricia A. Gaughan on 6/7/17. (LC,S)
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| Filing 32 Reply in support of #22 Motion to dismiss for failure to state a claim count 2 of the CounterclaimMotion to strike the corresponding Affirmative Defense filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 31 Opposition to #29 Motion for leave to File Amended Answer and Counterclaims Instanter filed by Accordant Energy, LLC. (Attachments: #1 Exhibit Patentee remarks, #2 Exhibit Bai Declaration, #3 Exhibit Patent US4236897, #4 Exhibit Patent US5429645)(Shouvlin, David) |
| Filing 30 Response to #22 Motion to dismiss for failure to state a claim count 2 of the Counterclaim, and Motion to strike the corresponding Affirmative Defense filed by Vexor Technology, Inc., Vexor Technology, LLC. (Attachments: #1 Nalco v Baker Hughes, #2 SecurityProfiling v Trend Micro) (Moser, Christina). Modified text on 5/24/2017 (H,SP). |
| Filing 29 Motion for leave to File Amended Answer and Counterclaims Instanter filed by Vexor Technology, Inc., Vexor Technology, LLC. Related document(s) #22 . (Attachments: #1 Exhibit A - Amended Answer and Counterclaims, #2 Exhibit B - Redlined Amended Answer and Counterclaims)(Moser, Christina) |
| Filing 28 Case Management Order: Case Management Conference was held on 5/2/17. Case is assigned to the complex track. Case is not suitable for ADR at this time by may be after discovery. Schedule Through Claim Construction: 5/15/17 Defendants' non-infringement contentions; 6/19/17 Defendants' invalidity and unenforceability contentions; 7/06/17 Parties exchange of proposed terms for construction; 7/10/17 Plaintiff's validity and enforceability contentions; 7/17/17 Deadline for adding parties; 7/21/17 Parties' exchange of preliminary claim constructions; 8/25/17 Parties exchange of final claim construction; 9/18/17 Parties opening Markman briefs; 10/25/17 Parties' responsive Markman briefs; 10/30/17 Joint claim construction and prehearing statement. The remaining deadlines will be addressed after claim construction is concluded by the Court. Telephonic Status Conference is set for 8/10/17 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact, if necessary. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax to (216) 357-7215. Judge Patricia A. Gaughan on 5/2/17. (LC,S) Time: 30 mins. Modified docket text on 5/4/2017 (LC,S). |
| Filing 27 Marginal Entry Order: Plaintiff's Agreed Motion to Voluntarily Dismiss Without Prejudice Vexor Enterprises, Ltd. and Vexor Energy of Indiana, LLC is Granted. Judge Patricia A. Gaughan on 5/1/17. (Related Doc #26 ) (LC,S) |
| Filing 26 Consent Motion to dismiss party Vexor Enterprises, Ltd. and Vexor Energy of Indiana, LLC Without Prejudice filed by Plaintiff Accordant Energy, LLC. Related document(s) #17 . (Shouvlin, David) |
| Filing 25 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 24 Attorney Appearance by David E. Kitchen filed by on behalf of All Defendants. (Kitchen, David) |
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Order [non-document]Motion for appearance pro hac vice by attorney Jonathan G. Graves for Accordant Energy, LLC is granted. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #18 ) Judge Patricia A. Gaughan on 4/20/17.(D,Ma)
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Order [non-document] Motion for appearance pro hac vice by attorney Joseph E. Van Tassel for Accordant Energy, LLC is granted. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #19 ) Judge Patricia A. Gaughan on 4/20/17.(D,Ma)
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| Filing 23 Answer to the Counterclaim filed by Accordant Energy, LLC. Related document(s) #12 . (Shouvlin, David) |
| Filing 22 Motion to dismiss for failure to state a claim (count 2 of Counterclaim), and Motion to strike the corresponding Affirmative Defense filed by Counter-Defendant Accordant Energy, LLC. (Related document(s) #12 ). (Attachments: #1 Memorandum in Support) (Shouvlin, David). Modified on 4/20/2017 to remove double wording (H,SP). Added Motion to strike on 5/1/2017 (H,SP). Modified text on 5/1/2017 (H,SP). |
| Filing 21 Affidavit/Declaration of Joseph Van Tassel in support of Pro Hac Motion filed by Accordant Energy, LLC. Related document(s) #19 . (Shouvlin, David) |
| Filing 20 Affidavit/Declaration of Jonathan Graves in support of Pro Hac Motion filed by Accordant Energy, LLC. Related document(s) #18 . (Shouvlin, David) |
| Filing 19 Motion for attorney Joseph E. Van Tassel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8117310, filed by Plaintiff Accordant Energy, LLC. (Attachments: #1 Van Tassel Declaration)(Shouvlin, David) Modified text 4/17/2017 (C,KA). |
| Filing 18 Motion for attorney Jonathan G. Graves to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8117285, filed by Plaintiff Accordant Energy, LLC. (Attachments: #1 Graves Declaration)(Shouvlin, David) Modified text 4/17/2017 (C,KA). |
| Filing 17 Marginal Entry Order: Joint Stipulation Regarding Named Defendants is So Ordered. Judge Patricia A. Gaughan on 4/4/17. (LC,S) re #16 |
| Filing 16 Joint Proposed Stipulation Regarding Named Defendants filed by All Plaintiffs. (Shouvlin, David) |
| Filing 15 Return of Service by Clerk by certified mail executed upon Vexor Energy of Indiana, LLC, no date of service indicated on green card, filed on behalf of Accordant Energy, LLC Related document(s) #7 . (R,Sh) |
| Filing 14 Corporate Disclosure Statement filed by Vexor Technology, LLC. (Moser, Christina) |
| Filing 13 Corporate Disclosure Statement filed by Vexor Technology, Inc.. (Moser, Christina) |
| Filing 12 Answer to #1 Complaint, with Jury Demand , Counterclaim against Accordant Energy, LLC filed by Vexor Technology, LLC, Vexor Technology, Inc.. (Moser, Christina) |
| Filing 11 Return of Service by process server executed upon Vexor Enterprises, Ltd. on 3/8/2017, filed on behalf of Accordant Energy, LLC (Francis, Tracy) |
| Filing 10 Return of Service by process server executed upon Vexor Technology, Inc. on 3/8/2017, filed on behalf of Accordant Energy, LLC (Francis, Tracy) |
| Filing 9 Return of Service by process server executed upon Vexor Technology, LLC on 3/7/2017, filed on behalf of Accordant Energy, LLC (Francis, Tracy) |
| Service by Clerk. Summons and Complaint addressed to Vexor Energy of Indiana, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 70150640000106401650. (S,SR) |
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Filing 8
Case Management Conference Scheduling Order with case management conference set on 5/2/2017 at 8:45 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 3/09/17. (D,Ma)
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| Filing 7 Original Summons issued to counsel for service upon Vexor Energy of Indiana, LLC, Vexor Enterprises, Ltd., Vexor Technology, Inc., Vexor Technology, LLC. (G,CA) |
| Filing 6 Praecipe for issuance of Original Summons . filed by Accordant Energy, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(Shouvlin, David) |
| Filing 5 FILING ERROR. Praecipe for issuance of Original Summons filed by Accordant Energy, LLC. (Attachments: #1 Summons to Vexor Technology, Inc., #2 Summons to Vexor Technology, LLC, c/o CT Corporation System, #3 Summons to Vexor Enterprises Ltd., #4 Summons to Vexor Energy of Indiana, LLC)(Shouvlin, David) Modified duplicate text on 3/2/2017. Filing error due to wrong case number on summons. (G,CA). |
| Filing 4 Magistrate Consent Form issued. No summons provided, no summons issued. (P,WL) |
| Filing 3 Corporate Disclosure Statement filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Accordant Energy, LLC. (Shouvlin, David) |
| Filing 1 Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-8045314. Filed by Accordant Energy, LLC. (Attachments: #1 Exhibit Patent 268, #2 Exhibit Patent 051, #3 Exhibit Vexor EPA Request Letter, #4 Exhibit Sep. 23, 2016 Notice Letter, #5 Exhibit Oct. 25, 2016 Letter to Defendants Counsel, #6 Civil Cover Sheet) (Shouvlin, David) Modified text on 2/28/2017 (P,WL). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (P,WL) |
| This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (P,WL) |
| Judge Patricia A. Gaughan assigned to case. (P,WL) |
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