Monode Marking Products, Inc. v. Columbia Marking Tools, Inc.
| Monode Marking Products, Inc. |
| Columbia Marking Tools, Inc. |
| 1:2018cv00016 |
| January 3, 2018 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Donald C. Nugent |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing
124
Memorandum Opinion and Order re 87 Limited Motion for Summary Judgment of Non-Infringement filed by Columbia Marking Tools, Inc. At this stage of the proceeding, there is insufficient evidence to support a Motion for Summar y Judgment on the limited issue before the Court. Both sides have presented some evidence to support their respective position on the existence of a system integrity verification protocol within the accused products, and there are conflicting expert opinions and testimony. Because discovery is not complete and Monode only recently obtained the source code that is critical to the determination of this issue, it is conceivable that additional discovery and investigation could uncover evidence suff icient to justify revisiting this issue at a later point in the proceedings. Indeed, the Court has recently allowed both parties to revise their Final Contentions based on new theories of liability raised by Monode's acquisition of the source code. Therefore, CMT's Limited Motion for Summary Judgment is DENIED, but without prejudice to re-raising the issue at a later date, if appropriate. IT IS SO ORDERED. Judge Donald C. Nugent on 06/01/2021. (R,AP)
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Filing
120
Memorandum Opinion and Order. The Court finds that Monode has shown good cause to allow an amendment, and allowing the requested amendment would not prejudice the Defendant. Taking into account all of the facts and circumstances, granting leave to amend would best serve the ends of justice. Therefore, Plaintiffs motion is hereby GRANTED. (ECF # 106 ). IT IS SO ORDERED. Judge Donald C. Nugent on 5/7/2021. (M,S)
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Filing
95
Memorandum Opinion and Order. Plaintiff's Motion Under Rule 56(d), and Plaintiff's Motion to Stay Briefing Schedule are both GRANTED. (ECF # 88 , 89 ). The parties shall meet and confer at the earliest possible opportunity to come to an agreement on an appropriate protective order to allow safe disclosure of the accused products source code. They shall also agree on deposition dates for Mr. Ryan and Dr. Newman, to be completed on or before February 1, 2021. Plaintiffs shall id entify any responsive expert they may retain for purposes of responding to the summary judgment motion, and make them available to Defendants for deposition on or before February 16, 2021. Plaintiffs are also entitled to review any data considered by Dr. Newman in forming the opinion set forth in his declaration. IMPORTANT: Status Conference set for 2/18/2021 at 09:30 AM to be held telephonically before Judge Donald C. Nugent. IT IS SO ORDERED. Judge Donald C. Nugent on 12/18/2020. (M,S)
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Filing
36
Memorandum Opinion and Order. For the reasons set forth, the Court finds Columbia has failed to prove by clear and convincing evidence that the '082 Patent is invalid as indefinite. The Court hereby adopts the Parties agreed-upon construc tions for each of the non-disputed claim terms and adopts Monode's proposed constructions for each of the disputed claim terms. IT IS SO ORDERED. Judge Donald C. Nugent on 9/27/2019. Related documents 23 , 24 , 25 , 27 , 29 , 33 , 34 , 35 . (M,S)
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| Plaintiff: Monode Marking Products, Inc. | |
| Represented By: | Mark C. Guinto |
| Represented By: | David T. Movius |
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| Defendant: Columbia Marking Tools, Inc. | |
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