Horizon Global Americas, Inc. v. Northern Stamping, Inc.
| Horizon Global Americas, Inc. |
| Northern Stamping, Inc. |
| 1:2020cv00310 |
| February 12, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Patent |
| 28 U.S.C. § 1338 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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Filing 79
Minutes Order of proceedings before Judge Pamela A. Barker. Status Conference held on 6/29/2023. (Court Reporter: Shirle Perkins.)Time: 34 minutes. (P,K)
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Order [non-document] The Court GRANTS Horizon's Consent Motion for an In-Person Status Conference. (Doc. No. #78 .) The Court shall conduct the previously scheduled status conference in person on June 29, 2023, at 1:30 p.m. Judge Pamela A. Barker on 6/28/2023.(P,K)
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Filing 78
Consent Motion for conference/hearing in person filed by Plaintiff Horizon Global Americas, Inc.. (Moser, Christina)
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Filing 77
Supplement to Response, - Certificate of Service of DE 76, filed by Horizon Global Americas, Inc.. Related document(s) #76 . (Moser, Christina)
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Filing 76
Response to #71 Motion for a status conference filed by Horizon Global Americas, Inc.. (Attachments: #1 Exhibit A - Stanifer Declaration, #2 Exhibit B - Interview Summary, #3 Exhibit C - PTAB Institution Decision, #4 Exhibit D - Excerpts from Stanifer Deposition Transcript, #5 Exhibit E - Patent Owner's Response)(Moser, Christina)
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Filing 75
Motion by David B. Cupar and Matthew J. Cavanagh to withdraw as attorney filed by Plaintiff Horizon Global Americas, Inc.. (Cupar, David)
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Order [non-document] David Cupar and Matthew Cavanaugh's Motion to Withdraw as Attorneys for Plaintiff (Doc. No. #75 ) is granted. Judge Pamela A. Barker on 6/26/2023.(P,K)
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Filing 74
Attorney Appearance by Brian A. Troyer filed by on behalf of Horizon Global Americas, Inc.. (Troyer, Brian)
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Filing 73
Attorney Appearance by Brendan E. Clark filed by on behalf of Horizon Global Americas, Inc.. (Clark, Brendan)
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Filing 72
Attorney Appearance by Christina J. Moser filed by on behalf of Horizon Global Americas, Inc.. (Moser, Christina)
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Filing 71
Motion for a status conference filed by Defendant Northern Stamping, Inc.. (Campbell, Jay)
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Order [non-document] On June 21, 2023, Defendant filed a Motion for a Status Conference. (Doc. No. #71 .) In its Motion, Defendant also requests that the Court lift the stay in this case and grant Defendant leave to file an amended answer and counterclaims. Plaintiff shall file a response to Defendant's Motion no later than June 27, 2023. Further, the Court sets a telephonic status conference for June 29, 2023, at 1:30 p.m. The Court will provide call-in information to counsel in a separate email. Judge Pamela A. Barker on 6/21/2023. (P,K)
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Filing 70
Motion by Andrew Gordon-Seifert to withdraw as attorney filed by Plaintiff Horizon Global Americas, Inc.. (Gordon-Seifert, Andrew)
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Order [non-document] Andrew Gordon-Seifert's Motion to Withdraw as Attorney for Plaintiff (Doc. No. #70 ) is granted. Judge Pamela A. Barker on 5/22/2023.(P,K)
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Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Mediation Conference held on 5/11/2023. All parties appeared via video conference. Plaintiff representative Matt Liebson participated with counsel, Matthew J. Cavanagh and David B. Cupar; Defendant representative Matthew Friedman participated with counsel, David A. Bernstein, Jay R. Campbell and Ron N. Sklar. The parties engaged in a brief mediation session. The magistrate judge reports that the two sides were unable to reach an agreement that would resolve the matters in dispute. The mediation referral is terminated. (Court Reporter: N/A. Time: 1 hour, 25 minutes). (D,JJ)
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Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 5/9/2023. Attorneys Matthew J. Cavanagh and David B. Cupar participated on behalf of plaintiff; Attorneys Jay R. Campbell and Ron N. Sklar and corporate representative, Matthew Friedman, participated on behalf of defendant. The court and counsel separately discussed background information and issues in order to prepare for the upcoming Mediation Conference set for May 11, 2023 at 10:00 AM. (Court Reporter: N/A.) (D,JJ)
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IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for plaintiff set for 5/9/2023 at 10:30 AM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for defendant set for 5/9/2023 at 11:30 AM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to the parties separately. Related document(s) #69 . (D,JJ)
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Filing 69
Order Setting Mediation Conference: Mediation conference to be held on 5/11/2023 at 10:00 AM before Magistrate Judge Thomas M. Parker. The mediation conference will be held by video conference. Instructions for participating via video will be emailed to the parties separately. Mediation statements are due on or before 5/4/2023. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email to schedule an ex-parte telephone conference. See Order for additional information and requirements. Magistrate Judge Thomas M. Parker on 3/16/2023. (D,JJ)
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Filing 68
Order referring case to Magistrate Judge Thomas M. Parker to conduct mediation proceedings within sixty (60) days of the date of this Order. Judge Pamela A. Barker on 3/15/2023. (P,K)
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Minutes of proceedings[non-document] before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiff were Attorneys David B. Cupar, Matthew J. Cavanagh, and Andrew D. Gordon-Seifert, and participating on behalf of Defendant were Attorneys Jay R. Campbell, David A. Bernstein, Ron N. Sklar, and Scott Barnett.The Court discussed with counsel the information included in their respective status reports submitted in anticipation of the status conference. It was agreed by and between counsel that the Court would refer this matter to Magistrate Judge Parker to conduct a mediation within 60 days. The Court advised counsel that if MJ Parker apprises the Court that he will be unable to conduct the mediation within 60 days, then the Court will so notify counsel so that they may select a private mediator who can conduct the mediation within 60 days. The Court is issuing a separate order of referral to Magistrate Judge Parker with instructions to complete the mediation within 60 days, or apprise the Court if he is unable to do so. Time: 20 minutes. (P,K)
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Filing 67
Status Report on Final IPR Decision filed by Northern Stamping, Inc.. (Attachments: #1 Exhibit 1 - IPR Final Decision, #2 Exhibit 2 - Status Report on the PTAB's Final Decision Findal All Claims Unpatentable, #3 Exhibit 3 - IPR Patent Owner Surreply)(Campbell, Jay)
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Order [non-document] The Court is in receipt of Defendant's Status Report (Doc. No. #67 ). Therein, Defendant states that, on February 9, 2023, the PTAB issued a Final Written Decision judging all challenged claims of the '585 patent invalid. Defendant requests that the Court set a status conference to discuss the impact of the PTAB decision on the instant action, and to set a schedule for Defendant to seek leave to amend its affirmative defenses and counterclaims. Accordingly, a telephonic status conference with lead counsel is set for March 15, 2023 at 1:30 p.m. EST. Dial in information will be provided via separate email. Counsel shall confer within five (5) business days of the scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within three (3) business days of the conference a joint Status Report or confidential individual Status Reports describing the settlement positions and issues to be addressed. The Status Reports need not be filed, but may be delivered via email to Barker_Chambers@ohnd.uscourts.gov. Judge Pamela A. Barker on 2/21/2023. (P,K)
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Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for "guidance" or "clarification" regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the "status" of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 2/1/2023. (P,K)
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Order [non-document] The Court has reviewed the parties' Status Report filed March 10, 2022. (Doc. No. #66 .) Therein, the parties advise that the PTAB has instituted inter partes review of claims 16-20 of the '585 Patent and that a final decision is expected in February 2023. Neither party seeks a lift of the stay. The Court therefore STAYS this case pending a decision from the PTAB. Defendant is directed to notify the Court within ten (10) days of the issuance of the PTAB's decision. Judge Pamela A. Barker on 3/11/2022. (P,K)
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Filing 66
Joint Status Report ON PTABS DECISION TO INSTITUTE INTER PARTES REVIEW filed by All Defendants. (Attachments: #1 Exhibit A - Decision Granting Institution of Inter Partes Review, #2 Exhibit B - Email from Plaintiff's Counsel)(Campbell, Jay)
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Filing 65
Memorandum Opinion and Order granting #52 Defendant/Counter-Claimant Northern Stamping, Inc.'s Motion to Stay Pending Resolution of Inter Partes Review. The Court STAYS this case pending further action from the PTAB on NSI's petition for IPR (IPR2021-01411). The parties are ordered to file a joint status report advising the Court of the PTAB's decision and the parties' respective positions as to further proceedings in this case within ten (10) days of the PTABs decision on Northern Stamping, Inc.'s petition for IPR. Judge Pamela A. Barker on 12/6/2021.(P,K)
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Filing 64
Opposition to #63 Motion for leave to amend initial infringement contentions filed by Northern Stamping, Inc.. (Attachments: #1 Exhibit A - Cellspin Soft v. Nike Opinion, #2 Exhibit B - NSI02261, #3 Exhibit C - NSI02246, #4 Exhibit D - NSI02362, #5 Exhibit E - Phillips North America v. Fitbit Opinion)(Campbell, Jay)
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Filing 63
Motion for leave to amend initial infringement contentions filed by Plaintiff Horizon Global Americas, Inc.. (Attachments: #1 Brief in Support Memorandum in Support of Motion for Leave, #2 Exhibit A. Proposed Second Amended Infringement Contentions, #3 Exhibit B. Horizon's First Set of Requests for Production, #4 Exhibit C. Horizon's Initial Infringement Contentions, #5 Exhibit D. Horizon's Amended Initial Infringement Contentions, #6 Exhibit E. NSI's Amended Responses to Horizon's Interrogatories, #7 Exhibit F. Horizon's Request to Inspect)(Cupar, David)
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Filing 62
Reply in support of #59 Motion for leave to Amend its First Amended Answer filed by Northern Stamping, Inc.. (Campbell, Jay)
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Filing 61
Opposition to #59 Motion for leave to Amend its First Amended Answer filed by Horizon Global Americas, Inc.. (Attachments: #1 Exhibit A First Email from Friedman to Horizon, #2 Exhibit B Second Email from Friedman to Horizon, #3 Exhibit C Third Email from Friedman to Horizon, #4 Exhibit D Emails between NSI counsel and Withers., #5 Exhibit E '317 Patent)(Cupar, David)
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Filing 60
Reply in support of #52 Motion to stay Pending Resolution of Inter Partes Review filed by Northern Stamping, Inc.. (Attachments: #1 Exhibit A-Apr. 11, 2019 Office Action)(Campbell, Jay)
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Filing 59
Motion for leave to Amend its First Amended Answer filed by Counter-Claimant Northern Stamping, Inc., Defendant Northern Stamping, Inc.. (Attachments: #1 Proposed Second Amended Answer and Counterclaims, #2 Exhibit A - Declaration of Sean Withers, #3 Exhibit B - Stanifer and McCoy Inventors' Oaths)(Campbell, Jay)
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Filing 58
SEALED Document:Opposition to NSI's Motion to Stay filed by Horizon Global Americas, Inc.. Related document(s) #29 , #57 , #52 . (Attachments: #1 Exhibit A NSI's Initial Invalidity Contentions, #2 Exhibit B NSI's Petition for IPR, #3 Exhibit C 585 patent, #4 Exhibit D 050 patent, #5 Exhibit E Letter from Terry Gohl to NSI, #6 Exhibit F Article re length of appeals, #7 Exhibit G Email correspondence between counse, #8 Exhibit H Email correspondence between counsel, #9 Exhibit I Email correspondence between counsel, #10 Exhibit J Email correspondence between counsel, #11 Exhibit K Email correspondence between counsel, #12 Exhibit L Email correspondence between counsel, #13 Exhibit M Filed Under Seal)(Cupar, David)
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Filing 57
Opposition to #52 Motion to stay Pending Resolution of Inter Partes Review filed by Horizon Global Americas, Inc.. (Attachments: #1 Exhibit A NSI's Initial Invalidity Contentions, #2 Exhibit B NSI's Petition for IPR, #3 Exhibit C 585 patent, #4 Exhibit D 050 patent, #5 Exhibit E Letter from Terry Gohl to NSI, #6 Exhibit F Article re length of appeals, #7 Exhibit G Email correspondence between counse, #8 Exhibit H Email correspondence between counsel, #9 Exhibit I Email correspondence between counsel, #10 Exhibit J Email correspondence between counsel, #11 Exhibit K Email correspondence between counsel, #12 Exhibit L Email correspondence between counsel, #13 Exhibit M SEALED)(Cupar, David)
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Filing 56
Joint Claim Construction and Prehearing Statement filed by Horizon Global Americas, Inc.. Related document(s) #48 .(Cupar, David)
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Filing 55
Response to NSI's Opening Claim Construction Brief filed by Horizon Global Americas, Inc.. (Attachments: #1 Exhibit A: NSI's Final Proposed Claim Constructions, #2 Exhibit B: NSI's Preliminary Proposed Claim Constructions, #3 Exhibit C: NSI's Petition for Inter Partes Review, #4 Exhibit D: NSI's Expert Declaration of S. Becker, #5 Exhibit E: NSI's Supplement to its Final Proposed Claim Constructions) (Cavanagh, Matthew)
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Filing 54
Responsive Claim Construction Brief filed by Northern Stamping, Inc.. (Attachments: #1 Exhibit A - Declaration of Sean Withers) (Campbell, Jay)
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Filing 53
Motion for protective order Relieving Non-Party Oldford & Associates From Appearing at a Deposition on September 13, 2021 filed by Defendant Northern Stamping, Inc.. (Attachments: #1 Exhibit 8-20-21 Email from Horizon to NSI, #2 Exhibit Horizon's Draft Subpoena, #3 Exhibit 9-8-21 Email from Horizon to NSI)(Campbell, Jay)
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Order [non-document]. The Court has reviewed the Motion for Protective Order Relieving Non-Party Oldford & Associates from Appearing at a Deposition on September 13, 2021, filed by Defendant Northern Stamping, Inc. (Doc. No. #53 ). As the deposition is scheduled for September 13, 2021 at 9:00 am out of state and Defendant's counsel informed Horizon Global Americas, Inc. that neither counsel nor any possible witnesses from Oldford & Associates would be available on September 13 for the deposition, the Court GRANTS the Motion for a Protective Order (Doc. No. #53 ). Furthermore, in light of the pending Motion to Stay in this case (Doc. No. #52 ), the Court CANCELS the telephonic status conference currently scheduled for September 14, 2021 at 2:30 pm (Doc. No. #45 ). The Court may reset the status conference based upon future resolution of the pending Motion to Stay. Judge Pamela A. Barker on 9/10/21. (W,CM)
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Filing 52
Motion to stay Pending Resolution of Inter Partes Review filed by Defendant Northern Stamping, Inc.. (Attachments: #1 Exhibit Communique v. Citrix - Case, #2 Exhibit Abcellera v. Berkeley - Case, #3 Exhibit Allied v. Genesis - Case, #4 Exhibit Allied v. Genesis - Order, #5 Exhibit Allied v. Competitive - Case, #6 Exhibit Automated Packaging v. Free-Flow-Case, #7 Exhibit Bio-Rad Lab. v. 10X Genomics - Case, #8 Exhibit Bio-Lab v 10X Genomics - Order, #9 Exhibit Ethicon v Quigg - Case, #10 Exhibit Ingro v. Tyco - Case, #11 Exhibit Intellectual Ventures v. Huntington - Case, #12 Exhibit International Broth v. ATandT - Case, #13 Exhibit Kirsch v. Owens - Case, #14 Exhibit Monterey Research v. Nanya Order, #15 Exhibit Norco v. Shenzhen - Case, #16 Exhibit Stuart v. Rust-Oleum - Case, #17 Exhibit Tdata v. Aircraft - Case, #18 Exhibit Lincoln Electric v. Seabery - Case)(Campbell, Jay)
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Filing 51
SEALED Document: Markman brief filed by Horizon Global Americas, Inc.. (Related document(s) #29 , #50 ). (Attachments: #1 Exhibit A - 050 patent, #2 Exhibit B - 585 patent, #3 Exhibit C - 009 patent, #4 Exhibit D - 10-30-2009 claims of 062 application, #5 Exhibit E - 03-10-2011 amended claims adding "tubular", #6 Exhibit F - 12-07-2011 office action, #7 Exhibit G - Lindemann 573 patent, #8 Exhibit H - 03-07-2012 response to office action, #9 Exhibit I - 08-14-2017 Office Action, #10 Exhibit J - ASTM A513 Standard, #11 Exhibit K - ASTM A500 Standard, #12 Exhibit L - ASTM A1076 Standard, #13 Exhibit M - Standard Handbook to Mechanic Design, #14 Exhibit N - Marks Mechanical Engineers 10th ed, #15 Exhibit O - Marketplace examples of tubing, #16 Exhibit P - NSI Email Referring to Tubing, #17 Exhibit Q - NSI drawing showing rectangular tubing, #18 Exhibit R - NSI email requesting A513 tubes, #19 Exhibit S - NSI drawing showing rectangular tubing meeting A513 or A500 standard, #20 Exhibit T - NSI's Non-Infringement Contentions) (Cupar, David)
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Filing 50
Markman Brief filed by Horizon Global Americas, Inc.. (Attachments: #1 Exhibit A 050 patent, #2 Exhibit B 585 patent, #3 Exhibit C 009 patent, #4 Exhibit D 10-30-2009 claims of 062 application, #5 Exhibit E 03-10-2011 amended claims adding "tubular", #6 Exhibit F 12-07-2011 office action, #7 Exhibit G Lindemann 573 patent, #8 Exhibit Ex. H 03-07-2012 response to office action, #9 Exhibit I 08-14-2017 Office Action, #10 Exhibit J ASTM A513 Standard, #11 Exhibit K ASTM A500 Standard, #12 Exhibit L ASTM A1076 Standard, #13 Exhibit M Standard Handbook to Mechanic Design, #14 Exhibit N Marks Mechanical Engineers 10th ed, #15 Exhibit O Marketplace examples of tubing, #16 Exhibit P [UNDER SEAL], #17 Exhibit Q [UNDER SEAL], #18 Exhibit R [UNDER SEAL], #19 Exhibit S [UNDER SEAL], #20 Exhibit T NSI's Non-Infringement Contentions)(Cupar, David) Modified on 8/17/2021 (W,CM).
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Filing 49
Markman Brief filed by Northern Stamping, Inc.. (Campbell, Jay)
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Order [non-document]. The Court grants (Doc. No. #48 ) Unopposed Motion for Extension of Claim Construction Briefing Deadlines. The new Claim Construction Briefing Deadlines are as set forth in (Doc. No. #48 ). Judge Pamela A. Barker on 7/30/2021.(W,CM)
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Filing 48
Unopposed Motion for extension of Claim Construction Briefing Deadlines until 08/13/2021 filed by Defendant Northern Stamping, Inc.. (Campbell, Jay)
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Filing 47
Answer to NSI's Amended Counterclaims filed by Horizon Global Americas, Inc.. Related document(s) #25 . (Cupar, David)
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Filing 46
Memorandum Opinion and Order: For the reasons set forth in this order, Plaintiff's Motion to Dismiss Amended Inequitable Conduct Counterclaim V and Strike Affirmative Defense #8 (Doc. No. #35 ) is GRANTED. Judge Pamela A. Barker on 7/14/2021.(P,K)
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Filing 45
Order IMPORTANT: Status Conference set for 9/14/2021 at 02:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. Judge Pamela A. Barker on 6/17/2021. (P,K)
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Filing 44
Minutes of proceedings before Judge Pamela A. Barker. Status Conference held on 6/17/2021. Separate status conference order to issue. The parties informed the Court that they were unable to resolve the case through settlement negotiations during the stay and that the case should be reopened. Case is reopened. The Court reset the remaining case deadlines. (Court Reporter: None.)Time: 20 minutes. (P,K)
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Filing 43
Attorney Appearance by Scott D. Barnett filed by on behalf of Northern Stamping, Inc.. (Barnett, Scott)
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Filing 42
Attorney Appearance by Dennis J. Abdelnour filed by on behalf of Northern Stamping, Inc.. (Abdelnour, Dennis)
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Filing 41
Attorney Appearance by Ron N. Sklar filed by on behalf of Northern Stamping, Inc.. (Sklar, Ron)
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Order [non-document] The parties failed to submit a status report prior to the upcoming Status Conference. Upon receipt of this Order, the parties are directed to submit a Status Report describing the status of discovery, settlement positions, and issues to be addressed. Judge Pamela A. Barker on 6/15/2021. (P,K)
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Filing 40
Order Status Conference set for 6/17/2021 at 01:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 3/18/2021. (L,Ja)
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Order [non-document] The parties' Joint Motion for Stay or, in the Alternative, a 90-Day Extension (Doc. No. #39 ) is granted, as follows. The proceedings in this matter, including claim construction briefing, are stayed for 90 days in order to allow the parties to enter into mediation. The status conference currently set for May 25, 2021 is canceled. The matter is set for a telephonic status conference on June 17, 2021 at 1:30 p.m. Separate status conference order to be issued. Entered by Judge Pamela A. Barker on 3/18/2021.(L,Ja)
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Filing 39
Joint Motion to stay, or in the Alternative, for a 90-Day Extension filed by Plaintiff Horizon Global Americas, Inc.. (Cupar, David) Modified on 3/23/2021 (W,CM).
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Filing 38
Status Conference Order: Status Conference set for 5/25/2021 at 01:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 2/18/2021. (L,Ja)
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Minutes of proceedings[non-document] before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiff were Attorneys Andrew Gordon-Seifert, David B. Cupar, and Matthew J. Cavanaugh, and participating on behalf of Defendant were Attorneys Jay R Campbell and David A. Bernstein. Counsel for the parties confirmed to the Court that they are engaged in conducting written discovery, but no depositions have occurred. The Court advised counsel for the parties that a decision on Plaintiff's Motion to Dismiss Defendant's "inequitable conduct counerclaim and affirmative defense" (doc. no #35 ) which was ripe as of January 6, 2021, should not be expected for several weeks. The parties intend to participate in a mediation, probabaly with a private mediator However, if the parties decide that they would like a referral to the magistrate judge to conduct a mediation, they will alert the Court through a joint motion or request to make a referral to the magistrate judge. The Court set another telephone status conference for May 25, 2021 at 1:30 p.m. Separate status conference order to issue. (Court Reporter: None.)Time: 10 minutes. (L,Ja)
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Filing 37
Reply in support of #35 Motion to dismiss NSI's Amended Counterclaim V for failure to state a claim Motion to strike Northern Stamping's Affirmative Defense of Inequitable Conduct filed by Horizon Global Americas, Inc.. (Cupar, David)
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Filing 36
Response to #35 Motion to dismiss NSI's Amended Counterclaim V for failure to state a claim Motion to strike Northern Stamping's Affirmative Defense of Inequitable Conduct filed by Northern Stamping, Inc.. (Attachments: #1 Exhibit A - Copy of Ford's '968 Patent)(Campbell, Jay)
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Minutes of Proceedings and Order [non-document] before Magistrate Judge Thomas M. Parker. On December 8, 2020, the court held a telephone conference with counsel for plaintiff David Cupar and Andrew Gordon-Seifert and counsel for defendant David Bernstein and Jay Campbell to address the remaining issue in the discovery dispute. Following the court's receipt of letter briefs articulating the parties' respective positions on the discovery issue in dispute, the court directed defendant to produce the requested financial and sales information during the period June 1, 2016 to date. Should the parties discover that such a discovery period does not fully resolve their dispute or creates other problems they cannot resolve informally, they may bring the issue back to the magistrate judge for further briefing or the scheduling of a telephone conference. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 12/8/2020. (Court Reporter: N/A. Time: 20 minutes). (D,JJ)
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Filing 35
Motion to dismiss NSI's Amended Counterclaim V for failure to state a claim, Motion to strike Northern Stamping's Affirmative Defense of Inequitable Conduct filed by Counter-Defendant Horizon Global Americas, Inc. Related document(s) #25 . (Attachments: #1 Memorandum in Support of Motion to Dismiss and Strike, #2 Exhibit A USPTO Office Action, #3 Exhibit B Horizon's Response and Arguments, #4 Exhibit C USPTO's Notice of Allowability, #5 Exhibit D Email to NSI serving conception documents and infringement contentions, #6 Exhibit E LPR 3.2 Production Documents Showing Receiving Members)(Cupar, David)
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Filing 34
Unopposed Motion for extension of time until 11/25/2020 to answer NSI's Amended Counterclaims filed by Counter-Defendant Horizon Global Americas, Inc.. Related document(s) #25 . (Cupar, David)
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Order [non-document] granting #34 Plaintiff/Counter Defendant's Unopposed Motion for extension of time until 11/25/2020 to answer NSI's Amended Counterclaims. Entered by Judge Pamela A. Barker on 11/25/2020.(L,Ja)
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Order [non-document]: The telephone conference scheduled for Friday, November 20, 2020 is canceled and re-set for December 8, 2020 at 8:30 am. The parties requested this postponement in anticipation of further discovery limiting the issues in this dispute. Magistrate Judge Thomas M. Parker on 11/19/2020. (D,JJ)
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Filing 33
Order referring case to Magistrate Judge Thomas M. Parker for discovery dispute. Entered by Judge Pamela A. Barker on 11/6/2020. (L,Ja)
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Order [non-document]: On or before November 12, 2020, the parties must meet and confer via Zoom or other video conference concerning the discovery dispute outlined in plaintiff's counsel's November 5, 2020 letter; should they resolve the dispute, the court shall be notified promptly. If the discovery dispute is not resolved, Northern Stamping, Inc. must informally respond to plaintiff's counsel's November 5th letter by sending an e-mail to Parker_Chambers@ohnd.uscourts.gov on or before noon on November 18, 2020. A telephone conference is hereby scheduled for Friday, November 20, 2020 at 9:30 a.m. Instructions for calling into the telephone conference will be e-mailed to counsel. Magistrate Judge Thomas M. Parker on 11/6/2020 (D,JJ)
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Filing 32
Motion for Extension of Time until 11/19/2020 to Answer NSI's Amended Counterclaims filed by Plaintiff Horizon Global Americas, Inc. Related document(s) #25 . (Attachments: #1 Exhibit A, Correspondence with NSI Counsel Regarding Extension)(Cupar, David)
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Order [non-document] granting Plaintiff's #32 Motion for Extension of Time to Answer. Horizon Global Americas, Inc. answer to amended counterclaims due 11/19/2020. Approved by Judge Pamela A. Barker on 11/5/2020.(S,SR)
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Filing 31
Case Management Conference Order. Status Conference set for 2/18/2021 at 01:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 10/30/2020. (L,Ja)
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Filing 30
Minutes of proceedings before Judge Pamela A. Barker. Case Management Conference conducted. Separate Case Management Conference Order to issue. Time: 12 minutes. (L,Ja)
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Filing 29
Protective Order regarding confidential documents. (Related Document #28 ). Entered by Judge Pamela A. Barker on 10/30/2020. (L,Ja)
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Filing 28
Joint Motion for entry of stipulated protective order filed by Plaintiff Horizon Global Americas, Inc. (Attachments: #1 Exhibit A, Proposed Protective Order)(Cupar, David)
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Filing 27
Motion to excuse appearance of Lead Counsel Jay R. Campbell from 10-29-2020 Case Management Conference filed by Defendant Northern Stamping, Inc.. Related document(s) #24 . (Campbell, Jay)
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Order [non-document] granting Defendant's Motion to excuse appearance of Lead Counsel Jay R. Campbell from 10-29-2020 Case Management Conference (Related Doc #27 ). Entered by Judge Pamela A. Barker on 10/27/2020.(L,Ja)
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Order [non-document] rendering moot Plaintiff's Motion to Dismiss Inequitable Conduct Counterclaim (Related Doc #20 ). Entered by Judge Pamela A. Barker on 10/23/2020.(L,Ja)
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Filing 26
Amended Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Horizon Global Americas, Inc.. (Cavanagh, Matthew)
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Filing 25
Answer to #16 Amended complaint , Amended Counterclaim against Horizon Global Americas, Inc. filed by Northern Stamping, Inc.. (Campbell, Jay)
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Filing 24
Minutes of proceedings before Judge Pamela A. Barker. Telephone conference held. Participating on behalf of Plaintiff were Attorneys Matthew Cavanagh and David Cupar, and participating on behalf of Defendant were Attorneys Jay Campbell and David Bernstein. The Court requested that the parties reconvene and complete Appendix B - Report of Parties' Planning Meeting in Patent Cases that was attached as Attachment 1 to the Case Management Conference Scheduling Order (Doc. No. 15-1.) The parties should file the completed report by October 23, 2020. The CMC is reset for October 29, 2020 at 10:30 a.m.Time: 15 minutes. (L,Ja) (Additional attachment(s) added on 10/14/2020: #1 Corrected Minutes) (L,Ja).
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Filing 23
Opposition to #20 Motion to Dismiss Inequitable Conduct Counterclaim V and Strike Affirmative Defense #8 filed by Northern Stamping, Inc. (Attachments: #1 Exhibit A - NSI's Proposed Amended Counterclaims)(Campbell, Jay)
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Filing 22
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Horizon Global Americas, Inc.. (Cavanagh, Matthew)
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Filing 21
Attorney Appearance by Andrew D. Gordon-Seifert filed by on behalf of Horizon Global Americas, Inc.. (Gordon-Seifert, Andrew)
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Filing 20
Motion to Dismiss Inequitable Conduct Counterclaim and Motion to Strike Affirmative Defense #8 filed by Counter-Defendant Horizon Global Americas, Inc. Related document(s) #16 , #18 . (Attachments: #1 Memorandum in Support of Motion to Dismiss and Strike)(Cupar, David)
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Filing 19
Unopposed Motion for extension of time until October 2, 2020 to answer defendant's Counterclaim Complaint filed by Plaintiff Horizon Global Americas, Inc.. Related document(s) #18 . (Cupar, David)
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Order [non-document] granting #19 Plaintiff's unopposed motion for extension of time until October 2, 2020 to answer defendant's Counterclaim Complaint. Entered by Judge Pamela A. Barker on 9/25/2020.(L,Ja)
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Filing 18
Answer to #16 First Amended complaint , Counterclaim against Horizon Global Americas, Inc. filed by Northern Stamping, Inc. (Attachments: #1 Exhibit A - 8/28/2017 Stanifer Declaration, #2 Exhibit B - Provisional Application for '050 Patent)(Campbell, Jay)
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Filing 17
Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Horizon Global Americas, Inc.. (Cupar, David)
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Filing 16
First Amended complaint against Northern Stamping, Inc.. Filed by Horizon Global Americas, Inc.. (Attachments: #1 Exhibit A 050 Patent, #2 Exhibit B 585 Patent, #3 Exhibit C Letter to NSI) (Cupar, David)
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Filing 15
Case Management Conference Scheduling Order with case management conference to be held on 10/13/2020 at 02:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 7/30/2020. (Attachments: #1 Report of Parties' Planning Meeting Patent)(L,Ja)
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Filing 14
Magistrate Consent Package Issued by Courtroom Deputy. (L,Ja)
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Filing 13
Corporate Disclosure Statement filed by Northern Stamping, Inc. (Campbell, Jay)
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Filing 12
Answer to #1 Complaint with Jury Demand , Counterclaim against Horizon Global Americas, Inc. filed by Northern Stamping, Inc.. (Campbell, Jay)
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Filing 11
Attorney Appearance by David A. Bernstein filed by on behalf of Northern Stamping, Inc.. (Bernstein, David)
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Order [non-document] Unopposed #10 Motion for extension of time until 7/30/2020 to answer filed by Defendant Northern Stamping is GRANTED. Entered by Judge Pamela A. Barker on 6/30/2020.(W,RA)
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Filing 10
Unopposed Motion for extension of time until 7/30/2020 to answer filed by Defendant Northern Stamping, Inc.. Related document(s) #1 . (Campbell, Jay)
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Filing 9
Attorney Appearance by Jay R. Campbell filed by on behalf of Northern Stamping, Inc.. (Campbell, Jay)
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Filing 8
Return of Service by personal service executed upon Northern Stamping, Inc. on 6/9/2020, filed on behalf of Horizon Global Americas, Inc. (Cupar, David)
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Filing 7
Motion for extension of time to serve Complaint and Response to Show Cause Order filed by Plaintiff Horizon Global Americas, Inc.. Related document(s) #6 . (Cupar, David)
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Filing 6
Order to Show Cause: For reasons set forth in this order, there is nothing contained in the record that demonstrates why service upon Defendants has not been completed within 90 days, the Court hereby notifies the Plaintiffs that unless good cause is shown for failure to serve Defendants as provided under the Rules, the case will be dismissed without prejudice on June 11, 2020. Entered by Judge Pamela A. Barker on 5/13/2020. (L,Ja)
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Order [non-document] Plaintiff's Motion for Extension of Time To Serve Complaint filed on May 13, 2020 (Plaintiff's Motion) (Doc. No. #7 ) is GRANTED IN PART. This Court issued an Order to Show Cause on May 13, 2020 because Plaintiff had failed to perfect service of its Complaint upon Defendant within 90 days. (Doc. No. #6 ). In response thereto, Plaintiff's Motion was filed asking this Court to grant it an additional 60 days within which to perfect service on Defendant, citing the COVID-19 pandemic's impact on Plaintiff's business as good cause for failing to perfect service. However, service of a complaint is the responsibility of counsel representing Plaintiff, and not the responsibility of the party Plaintiff. Therefore, Plaintiff has not shown good cause for granting it an additional 60 days within which to perfect service on Defendant. However, the Court will allow an additional 30 days to perfect service upon Defendant. If service is not perfected upon Defendant within the additional 30 days, then the case will be dismissed without prejudice. Entered by Judge Pamela A. Barker on 5/13/2020.(L,Ja)
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This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (L,MI)
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Filing 5
Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Horizon Global Americas, Inc.. (Cupar, David)
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Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the #AO121 Copyright Report Form or #AO120 Patent and Trademark Report Form . (W,Na)
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Filing 4
Supplement to Complaint. Exhibits A and B to Plaintiff's Complaint, filed by Horizon Global Americas, Inc. Related document(s) #1 . (Attachments: #1 Exhibit A - Patent Documents, #2 Exhibit B - McDonald Hopkins Correspondence)(Cupar, David)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Northern Stamping, Inc. (Attachments: #1 Magistrate Consent Form) (L,MI)
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Filing 2
Corporate Disclosure Statement identifying Corporate Parent Horizon Global Corporation for Horizon Global Americas, Inc. filed by Horizon Global Americas, Inc. (Cupar, David)
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Filing 1
Complaint with jury demand against Northern Stamping, Inc. Filing fee paid $ 400, Receipt number AOHNDC-9789286. Filed by Horizon Global Americas, Inc. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Cupar, David)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (L,MI)
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Judge Pamela A. Barker assigned to case. (L,MI)
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