Info-Hold, Inc. v. Muzak Holdings LLC. et al
Plaintiff: Info-Hold, Inc.
Defendant: Muzak LLC and Muzak Holdings LLC
Case Number: 1:2011cv00283
Filed: May 3, 2011
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Timothy S Black
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 6, 2018 Opinion or Order Filing 246 ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Timothy S. Black on 2/6/18. (jlm)
February 2, 2018 Filing 245 STIPULATION of Dismissal (Joint) by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order) (Kwak, James)
January 31, 2018 Filing 244 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Info-Hold, Inc. re #243 Emergency MOTION for Attorney Fees quantum meruit and charging lien against plaintiff Info-Hold, Inc. (Wood, Daniel)
January 30, 2018 Filing 243 Emergency MOTION for Attorney Fees quantum meruit and charging lien against plaintiff by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
October 26, 2017 Opinion or Order Filing 242 ORDER Granting #241 Motion of Plaintiff Info-Hold, Inc. and Defendant Muzak LLC to Stay Case. Signed by Judge Timothy S. Black on 10/26/17. (gs)
October 20, 2017 Filing 241 Joint MOTION to Stay Case by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order) (Kwak, James)
September 5, 2017 Opinion or Order Filing 240 ORDER granting #239 Joint Motion of Plaintiff Info-Hold, Inc. and Defendant Muzak LLC to Stay Case. Signed by Judge Timothy S. Black on 9/5/17. (gs)
August 31, 2017 Filing 239 Joint MOTION to Stay Case by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order) (Kwak, James)
June 5, 2017 Filing 238 Response re #237 Notice (Other) of Chapter 15 Bankruptcy Filing by Defendant Muzak LLC. (Bretschneider, Barry)
May 25, 2017 Filing 237 NOTICE by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. OF CHAPTER 15 BANKRUPTCY FILING (Attachments: #1 Exhibit A - Declaration) (Kwak, James)
March 9, 2016 Filing 236 REPLY to Response to Motion re #230 MOTION to Amend/Correct the Record filed by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit 1 - Declaration, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Letter (Redacted), #4 Exhibit 4 - Letter (Redacted)) (Kwak, James)
March 3, 2016 Filing 234 RESPONSE to Motion re #230 MOTION to Amend/Correct the Record filed by Defendant Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Bretschneider, Barry)
February 29, 2016 Opinion or Order Filing 233 ORDER GRANTING UNOPPOSED MOTION OF INFO-HOLD FOR LEAVE TO FILE UNDER SEAL AN AMENDED EXHIBIT S TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge Timothy S. Black on 2/29/2016. (mr)
February 26, 2016 Filing 232 Unopposed MOTION to File Document Under Seal an Amended Exhibit S to Plaintiff Info-Hold, Inc.'s Motion for Summary Judgment by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. Responses due by 3/21/2016 (Attachments: #1 Text of Proposed Order) (Kwak, James)
February 11, 2016 Filing 231 Transcript of Proceedings (Motions Hearing) held on February 4, 2016, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/3/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/11/2016. (Lavin, Luke)
February 8, 2016 Filing 230 MOTION to Amend/Correct the Record by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. Responses due by 3/3/2016 (Attachments: #1 Exhibit 1 - Dkt #90-4, #2 Exhibit 2 - Dkt #90-1, #3 Exhibit 3 - Dkt #90-11, #4 Exhibit 4 - Dkt #90-9, #5 Exhibit 5 - Dkt #124-1, #6 Exhibit 6 - Dkt #124, #7 Exhibit 7 - Dkt #128, #8 Exhibit 8 - 02/08/2013 Minute Entry and Notation Order, #9 Exhibit 9 - Declaration of James L. Kwak) (Kwak, James)
February 4, 2016 Minute Entry: This civil action came before the Court on 2/4/16 at 10:00 a.m. for oral argument on pending motions. (Docs. #161 , 163 , #165 , #174 , #188 ). For Plaintiff: Attorney James Kwak appeared, with Thomas Jacobs and paralegal Deanna Barnett. For Defendant: Attorneys Kevin Kirsch, Barry Bretschneider, Michael Anderson, and Robert Razzano appeared. Arguments heard. Matter taken under submission. Orders to follow. (Court Reporter Luke Lavin (Official).) (mr)
January 27, 2016 Opinion or Order Filing 229 ORDER REGARDING ORAL ARGUMENT. Signed by Judge Timothy S. Black on 1/27/2016. (mr)
January 25, 2016 NOTICE of Hearing: The oral argument on the pending motions (Docs. #161 , 163 , #165 , #174 , #188 ) set for 1/27/2016 is VACATED and RESCHEDULED for 2/4/2016 at 10:00 a.m. in Cincinnati Courtroom 7, Room 117 before Judge Timothy S. Black. (mr)
January 20, 2016 Opinion or Order NOTATION ORDER: Upon further review of Defendants motion for partial summary judgment on the grounds that certain claims are invalid as anticipated (or that all claims are invalid for lack of enablement) (Doc. #165 ), the Court believes oral argument would be beneficial. Accordingly, at the 1/27/16 oral argument, the parties shall address: the pending cross motions for summary judgment on direct infringement (Docs. #161 , 163 ); the pending motions to strike (Docs. #174 , #188 ); and the pending motion for partial summary judgment on the grounds that certain claims are invalid as anticipated (or that all claims are invalid for lack of enablement) (Doc. #165 ). IT IS SO ORDERED by Judge Timothy S. Black on 1/20/2016. (mr)
January 13, 2016 NOTICE of Hearing: The oral argument on the pending cross motions for summary judgment on direct infringement (Docs. #161 , 163 ) and the pending motions to strike (Docs. #174 , #188 ) set for 1/27/2016 at 11:00 a.m. HAS A LOCATION CHANGE to in Cincinnati Courtroom 7, Room 117 before Judge Timothy S. Black. (mr)
December 15, 2015 Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 12/15/15 at 3:30 p.m. Attorneys Daniel Wood, James Kwak, Barry Bretschneider, Michael Anderson, Kevin Kirsch, and Robert Razzano participated. Given the complexity of the issues presented, the Court requires additional time to rule on pending motions and would benefit from oral argument. Accordingly, the jury trial set to commence on 1/25/16 is VACATED. This civil action is hereby set for oral argument on the pending cross motions for summary judgment on direct infringement (Docs. #161 , 163 ) and the pending motions to strike (Docs. #174 , #188 ) on 1/27/16 at 11:00 a.m. in Cincinnati Courtroom #1 before Judge Timothy S. Black. IT IS SO ORDERED. (mr)
December 10, 2015 NOTICE of Hearing: A Status Conference by telephone is set for 12/15/2015 at 3:30 p.m. before Judge Timothy S. Black. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr)
October 2, 2015 Filing 228 NOTICE of Substitution of Counsel - Robert Thomas Razzano substituting for John F. Bennett as to Defendant Muzak LLC. (Razzano, Robert)
July 23, 2015 Opinion or Order NOTATION ORDER: The parties have provided notice as to the status of Plaintiff's emergency motion (Doc. #221 ), in accordance with the Court's 7/21/15 Minute Entry and Notation Order. The parties agree that Plaintiff's emergency motion (Doc. #221 ) is moot, in light of the Court's denials of Defendant's motion for sanctions (Doc. #217 ) and Defendants motion to declare this case exceptional pursuant to 35 U.S.C. 285 and to award attorney fees and expenses (Doc. #218 ) as currently moot. By agreement of the parties, Plaintiff's emergency motion (Doc. #221 ) is hereby DENIED, without prejudice, as currently MOOT. IT IS SO ORDERED by Judge Timothy S. Black on 7/23/2015. (mr)
July 22, 2015 Filing 227 NOTICE OF WITHDRAWAL OF DOCUMENT re: 164 Daubert Motion to Strike the Damages Expert Reports of David Paris by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. Kwak, James) Modified text for clarity on 7/22/2015 (mr).
July 21, 2015 Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 7/21/15 at 10:00 a.m. Attorneys Daniel Wood, James Kwak, Barry Bretschneider, and Kevin Kirsch participated. In light of the recent opinion from the Federal Circuit (Doc. #225 ), the Court will now consider the following pending motions, which are ripe for the Courts review: Defendant's motion for summary judgment of non-infringement of claims 3, 6, 13, 19, and 24 (Doc. #161 ); Plaintiff's motion for summary judgment of infringement of claims 3, 6, and 19 (Doc. 163 ); Defendant's motion for partial summary judgment that claims 3, 6, and 24 are anticipated, or, in the alternative, that all asserted claims are invalid for lack of enablement (Doc. #165 ); Defendants motion to strike previously undisclosed infringement contentions and other evidence relied upon in Plaintiff's motion for partial summary judgment of infringement (Doc. #174 ); and Defendants motion to strike previously undisclosed infringement contentions and other evidence relied upon in Plaintiff's opposition to summary judgment of non-infringement (Doc. #188 ). The Court will ask for supplemental briefing and/or oral argument on these motions if necessary. Forthwith, Plaintiff shall withdraw its motion to strike the expert report of David Paris (Doc. 164 ). The following motions are DENIED, without prejudice, as currently MOOT: Defendant's motion for sanctions (Doc. #217 ); and Defendants motion to declare this case exceptional pursuant to 35 U.S.C. 285 and to award attorney fees and expenses (Doc. #218 ). On or before 7/28/15, the parties shall meet and confer regarding Plaintiff's pending emergency motion (Doc. #221 ) and notify the Court via e-mail (black_chambers@ohsd.uscourts.gov) as to whether that motion is also moot (or, in the alternative, whether the parties can agree to some resolution of the motion). On or before 8/4/15, Plaintiff shall determine whether Mr. Wood will serve as a witness, and notify the Court and opposing counsel of the same via e-mail. Jury Trial is hereby set for 1/25/16 at 9:30 AM in Courtroom #1, Room 805. The Court will revisit the issues of supplemental discovery and pretrial deadlines after it rules on the pending motions for summary judgment. IT IS SO ORDERED. (mr)
July 10, 2015 NOTICE of Hearing: A Status Conference by telephone is set for 7/21/2015 at 10:00 a.m. before Judge Timothy S. Black. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr)
July 6, 2015 Filing 226 MANDATE of USCA as to #215 Notice of Appeal,, filed by Info-Hold, Inc. (sct)
April 24, 2015 Filing 225 USCA-FEDERAL CIRCUIT OPINION re #215 Notice of Appeal affirming in part, reversing in part, vacating in part, and remanding. Note: Mandate to issue. (sct)
February 19, 2014 Motions Not Referred to Magistrate Judge: #218 MOTION for Attorney Fees Defendant Muzak LLC's and Muzak Holdings LLC's Motion to Declare This Case Exceptional Pursuant to 35 U.S.C. 285 and to Award Muzak Attorney Fees and Expenses, #221 MOTION Emergency Motion Under L.R. 7.1(b)(3) Requesting the Court to Grant a Status Conference, to Strike Muzak's Motions with Respect to the Personal Allegations Made Against Outside Counsel James Kwak, and to Stay the Motion for Attorney Fees P, #217 MOTION for Sanctions Defendant Muzak LLC's Motion for Sanctions Pursuant to Rule 11, Fed. R. Civ. P. and Supporting Memorandum (art)
January 17, 2014 Opinion or Order NOTATION ORDER: This civil action is before the Court on Plaintiff's Unopposed Motion to Enter Stipulation of the Parties to Stay Muzak LLC's Motions on Costs (Doc. #219 ) Pending Appeal (Doc. #224 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. Briefing and resolution of Defendants' Motion to Tax Costs (Doc. #219 ) is STAYED until after the Court of Appeals resolves the pending appeal (after which this Court will set a briefing schedule on this motion). IT IS SO ORDERED by Judge Timothy S. Black on 1/17/2014. (mr1)
January 16, 2014 Filing 224 Unopposed MOTION to Enter Stipulation of the Parties to Stay Muzak, LLC's Motions on Costs (Doc. 219) Pending Appeal re #214 Notice (Other), #219 Bill of Costs, #213 Bill of Costs, by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Declaration of James L. Kwak) (Kwak, James)
January 14, 2014 Opinion or Order NOTATION ORDER. This Court hereby ORDERS that briefing and resolution of Muzak's motion for attorney fees (Doc. #218 ) and motion for sanctions (Doc. #217 ) is hereby STAYED until after the Court of Appeals resolves the pending appeal (whereafter this Court will set a briefing schedule on these motions). See Pharmacia & Upjohn Co. v. Mylan Pharms., 182 F.3d 1356, 1360 n. 2 (Fed Cir. 1999); Astrazeneca AB v. Mutual Pharm. Co., Inc., No. Civ. A 00-4731, 2003 WL 22794863 at *2 (E.D. Pa. Nov. 12, 2003); see also Notes of Advisory Committee on 1993 Amendments to Rule 58. IT IS SO ORDERED by Judge Timothy S. Black on 1/14/2014. (mr1)
January 13, 2014 Filing 223 REPLY to Response to Motion re #221 MOTION Emergency Motion Under L.R. 7.1(b)(3) Requesting the Court to Grant a Status Conference, to Strike Muzak's Motions with Respect to the Personal Allegations Made Against Outside Counsel James Kwak, and to Stay the Motion for Attorney Fees P filed by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Declaration of James L. Kwak) (Kwak, James)
January 13, 2014 Filing 222 RESPONSE to Motion re #221 MOTION Emergency Motion Under L.R. 7.1(b)(3) Requesting the Court to Grant a Status Conference, to Strike Muzak's Motions with Respect to the Personal Allegations Made Against Outside Counsel James Kwak, and to Stay the Motion for Attorney Fees P filed by Defendant Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bretschneider, Barry)
January 10, 2014 Filing 221 MOTION Emergency Motion Under L.R. 7.1(b)(3) Requesting the Court to Grant a Status Conference, to Strike Muzak's Motions with Respect to the Personal Allegations Made Against Outside Counsel James Kwak, and to Stay the Motion for Attorney Fees Pending Appeal re #218 MOTION for Attorney Fees Defendant Muzak LLC's and Muzak Holdings LLC's Motion to Declare This Case Exceptional Pursuant to 35 U.S.C. 285 and to Award Muzak Attorney Fees and Expenses, #217 MOTION for Sanctions Defendant Muzak LLC's Motion for Sanctions Pursuant to Rule 11, Fed. R. Civ. P. and Supporting Memorandum, #219 Bill of Costs, by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Declaration of James L. Kwak) (Kwak, James)
January 7, 2014 Opinion or Order NOTATION ORDER: This civil action is before the Court on Plaintiff's Unopposed Motion for Extension of Time (Doc. #220 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. Plaintiff shall file its response in opposition to Defendants' Motion to Declare this Case Exceptional Pursuant to 35 U.S.C. 285 and to Award Muzak Attorney Fees and Expenses (Doc. #218 ) on or before 1/16/14. Defendants shall file their reply in support of this motion on or before 2/6/14. IT IS SO ORDERED by Judge Timothy S. Black on 1/7/2014. (mr1)
January 6, 2014 Filing 220 Unopposed MOTION for Extension of Time to File Response/Reply as to #218 MOTION for Attorney Fees Defendant Muzak LLC's and Muzak Holdings LLC's Motion to Declare This Case Exceptional Pursuant to 35 U.S.C. 285 and to Award Muzak Attorney Fees and Expenses New date requested 1/16/2014. and new date requested 2/6/2014 for Reply by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit A - Joint Stipulation) (Kwak, James)
December 27, 2013 Filing 219 BILL OF COSTS by Defendant Muzak LLC. (Attachments: #1 Motion and Memo In Support, #2 Bill of Costs, #3 Exhibit A, #4 Exhibit A-1, #5 Exhibit A-2, #6 Exhibit A-3, #7 Exhibit A-4, #8 Exhibit B - Declaration of John Bennett) (Bennett, John)
December 27, 2013 Filing 218 MOTION to Declare this Case Exceptional Pursuant to 35 U.S.C. 285 and to Award Muzak Attorneys Fees and Expenses by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Memorandum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Text of Proposed Order, #7 Bretschneider Declaration, #8 Bretschneider Declaration Exhibit A, #9 Bretschneider Declaration Exhibit B, #10 Bretschneider Declaration Exhibit C) (Bretschneider, Barry) Modified to clarify docket text on 12/30/2013 (jlw). Modified entry for detail on 12/30/2013 (mr1).
December 27, 2013 Filing 217 MOTION for Sanctions by Defendant Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Bretschneider, Barry) Modified to clarify docket text on 12/30/2013 (jlw).
December 24, 2013 Filing 216 NOTICE by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. of Filing Transcript Purchase Order (Attachments: #1 Exhibit A Part 1 - Transcript Purchase Order, #2 Exhibit A Part 2 - Certificate of Service) (Kwak, James)
December 20, 2013 USCA Case Number 14-1167 for #215 Notice of Appeal, filed by Info-Hold, Inc. (jlw)
December 16, 2013 USCA Appeal Fees received $ 505 receipt number COL030469 re #215 Notice of Appeal filed by Info-Hold, Inc. (sr1)
December 13, 2013 Filing 215 NOTICE OF APPEAL as to #139 Order on Motion for Partial Summary Judgment, #74 Order on Motion for Reconsideration, #141 Order on Motion for Partial Summary Judgment, #204 Order, Terminate Motions, Terminate Hearings,,,,,,,,, #77 Order on Motion for Leave to File, #211 Clerk's Judgment, #210 Order on Motion for Reconsideration, #88 Stipulation and Order, #203 Order on Motion for Reconsideration, Order on Sealed Motion, #60 Order by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. Filing fee $ 505. Appeal Record due by 12/27/2013. (Kwak, James)
November 25, 2013 Filing 214 NOTICE to Counsel re #213 Bill of Costs. The Bill of Costs will be held in abeyance until a judgment has become final and all other requirements of Local Rule 54.1 have been met and the Bill of Costs is re- filed. (sct1)
November 25, 2013 Filing 213 BILL OF COSTS by Defendant Muzak LLC. (Attachments: #1 Motion and Memo In Support, #2 Bill of Costs, #3 Exhibit A, #4 Exhibit A-1, #5 Exhibit A-2, #6 Exhibit A-3, #7 Exhibit A-4, #8 Exhibit B -Declaration of John Bennett) (Bennett, John)
November 13, 2013 Filing 212 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING PATENT OR TRADEMARK re: ORDER #210 . (mr1)
November 13, 2013 Filing 211 CLERK'S JUDGMENT AFFIRMING ORDER #210 . (mr1)
November 13, 2013 Opinion or Order Filing 210 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION (Doc. #205 ) AND ENTERING FINAL JUDGMENT AGAINST PLAINTIFF. Signed by Judge Timothy S. Black on 11/13/2013. (mr1)
October 21, 2013 Filing 209 REPLY to Response to Motion re #205 MOTION for Reconsideration re #204 Order, Terminate Motions, Terminate Hearings,,,,,,,,, Granting Defendant's Motion to Strike the Expert Reports of Robert L. White and to Preclude Mr. White's Testimony and Granting Defendant's filed by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Kwak, James)
October 4, 2013 Filing 208 RESPONSE in Opposition re #205 MOTION for Reconsideration re #204 Order Granting Defendant's Motion to Strike the Expert Reports of Robert L. White and to Preclude Mr. White's Testimony and Granting Defendant's Motion for Partial Summary Judgment that Plaintiff Info-Hold Is Not Entitled to Reasonable Royalty Damages filed by Defendant Muzak LLC. (Bretschneider, Barry) Modified text for clarity on 10/7/2013 (mr1).
September 13, 2013 Filing 207 Reply re #206 Response to Order to Show Cause Why Final Judgment Should Not Be Entered Against It by Defendant Muzak LLC. (Bretschneider, Barry)
September 11, 2013 Filing 206 RESPONSE TO ORDER TO SHOW CAUSE by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Kwak, James)
September 11, 2013 Filing 205 MOTION for Reconsideration re #204 Order Granting Defendant's Motion to Strike the Expert Reports of Robert L. White and to Preclude Mr. White's Testimony and Granting Defendant's Motion for Partial Summary Judgment that Plaintiff Info-Hold Is Not Entitled to Reasonable Royalty Damages by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. (Kwak, James) Modified text for clarity on 9/12/2013 (mr1).
August 20, 2013 Opinion or Order Filing 204 ORDER: GRANTING DEFENDANT'S MOTION TO STRIKE THE EXPERT REPORTS OF ROBERT L. WHITE AND TO PRECLUDE MR. WHITE'S TESTIMONY (Doc. #162 ) AND GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT THAT PLAINTIFF INFO-HOLD IS NOT ENTITLED TO REASONABLE ROYALTY DAMAGES (Doc. #160 ). Scheduling Order: Plaintiff has now been found not to be entitled to any measure of damages in this action and has conceded that it is not entitled to injunctive relief. (Docs. #130 , #139 ). Accordingly, in a memorandum to be filed by September 11, 2013, Plaintiff shall show cause why final judgment should not be entered against it and this case closed in this Court. Defendant may file a reply by September 18, 2013. The trial set to commence on October 15, 2013 is hereby VACATED, as is the Final Pretrial Conference of October 7, 2013. Signed by Judge Timothy S. Black on 8/20/2013. (mr1)
August 20, 2013 Opinion or Order Filing 203 ORDER DENYING PLAINTIFFS MOTIONS FOR RECONSIDERATION (Docs. #153 and 168 ). Signed by Judge Timothy S. Black on 8/20/2013. (mr1)
August 1, 2013 Filing 202 Transcript of Proceedings (Evidentiary Hearing) held on Monday, July 23, 2012, before Magistrate Judge Karen L. Litkovitz. 58 Pages. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number 513-564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/22/2013. Redacted Transcript Deadline set for 9/3/2013. Release of Transcript Restriction set for 10/30/2013. (mr1)
July 17, 2013 Filing 201 Response re #200 Notice (Other), Response of Defendant Muzak LLC to Plaintiff Info-Hold Inc.'s Notice of Errata Regarding Info-Hold's Summary Judgment Papers by Defendant Muzak LLC. (Bretschneider, Barry)
July 15, 2013 Filing 200 NOTICE by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. of Errata Regarding Plaintiff Info-Hold, Inc.'s Reply to Muzak, LLC's Opposition to Motion for Summary Judgment of Infringement and Opposition to Muzak, LLC's Motion to Strike Previously Undisclosed Infringement Contentions and Other Evidence (Kwak, James)
July 12, 2013 Opinion or Order ORDER granting #198 Motion to Seal: NOTATION ORDER: This case is before the Court on Defendant's Unopposed Motion for Leave to File Under Seal (Doc. 198). As it is unopposed and for good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/12/2013. (jlw)
July 11, 2013 Filing 198 Unopposed MOTION to Seal by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry) Modified to clarify docket text on 7/12/2013 (jlw).
June 25, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's Motion for Leave to File Under Seal (Doc. #194 ) and Plaintiff's Motion for Leave to File Under Seal (Doc. #195 ). As they are unopposed and for good cause shown, these motions are hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 6/25/2013. (mr1)
June 24, 2013 Filing 195 Unopposed MOTION for Leave to File Under Seal by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order) (Kwak, James)
June 24, 2013 Filing 194 MOTION to Seal Unopposed Motion of Defendant Muzak LLC for Leave to File Under Seal by Defendant Muzak Holdings LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
June 10, 2013 Filing 188 MOTION to Strike Previously Undisclosed Infringement Contentions and Other Evidence Relied Upon In Plaintiffs Opposition for Summary Judgment of Non-infringement by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
June 10, 2013 Filing 187 REPLY to Response to Motion re #165 MOTION for Partial Summary Judgment That Claims 3, 6, and 24 of U.S. Patent No. 5,991,374 are Anticipated, or in the Alternative, That all Asserted Claims are Invalid for Lack of Enablement filed by Defendant Muzak LLC. (Bretschneider, Barry)
June 6, 2013 Filing 185 REPLY to Response to Motion re #160 MOTION for Partial Summary Judgment That Plaintiff Info-Hold is not Entitled to Reasonable Royalty Damages and for Dismissal filed by Defendant Muzak LLC. (Bretschneider, Barry)
June 5, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's Motion for Leave to File Under Seal (Doc. #184 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 6/5/2013. (mr1)
June 5, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's Motion for Leave to File Under Seal (Doc. #183 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 6/5/2013. (mr1)
June 4, 2013 Filing 184 Unopposed MOTION for Leave to File Under Seal by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order) (Kwak, James)
June 4, 2013 Filing 183 Unopposed MOTION for Leave to File Under Seal by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
June 4, 2013 Filing 182 REPLY to Response #173 to Motion re: 168 Sealed Motion for Partial Reconsideration of Order Granting Defendant's Motion for Partial Summary Judgment on Lost Profits Damages filed by Plaintiff Info-Hold, Inc. (Attachments: #1 Exhibit A) (Wood, Daniel) Modified to create links and edit text for clarity on 6/4/2013 (mr1).
May 23, 2013 Filing 175 RESPONSE in Opposition re #165 MOTION for Partial Summary Judgment That Claims 3, 6, and 24 of U.S. Patent No. 5,991,374 are Anticipated, or in the Alternative, That all Asserted Claims are Invalid for Lack of Enablement filed by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Responses to Statement of Undisputed Material Facts) (Kwak, James)
May 23, 2013 Filing 174 MOTION to Strike Previously Undisclosed Infringement Contentions and Other Evidence Relied Upon in Plaintiff's Motion for Partial Summary Judgment of Infringement by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
May 21, 2013 Filing 173 RESPONSE in Opposition re 168 Plaintiff's Motion and Memorandum for Partial Reconsideration of the Court's Order on Defendants' Motion for Partial Summary Judgment on Lost Profits Damages by Defendant Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bretschneider, Barry) Modified to create link and edit text for clarity on 5/22/2013 (mr1).
May 21, 2013 Filing 172 Unopposed MOTION for Leave to File Under Seal by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
May 21, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's Motion for Leave to File Under Seal (Doc. #172 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 5/21/2013. (mr1)
May 15, 2013 Filing 171 Unopposed MOTION for Leave to File Under Seal by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order) (Kwak, James)
May 15, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's Motion for Leave to File Under Seal (Doc. #170 ) and Plaintiff's Motion for Leave to File Under Seal (Doc. #171 ). As they are unopposed and and for good cause shown, these motions are hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 5/15/2013. (mr1)
May 14, 2013 Filing 170 Unopposed MOTION for Leave to File Under Seal by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
May 13, 2013 Filing 169 REPLY to Response to Motion re #153 Supplemental MOTION for Reconsideration re #150 MOTION for Reconsideration re #101 Response (non motion), and Order (Doc. 126) Re: Muzak LLC Inducement filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
April 29, 2013 Filing 165 MOTION for Partial Summary Judgment That Claims 3, 6, and 24 of U.S. Patent No. 5,991,374 are Anticipated, or in the Alternative, That all Asserted Claims are Invalid for Lack of Enablement by Defendant Muzak LLC. Responses due by 5/23/2013 (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Material Facts, #3 Merritt Declaration, #4 Merritt Declaration Ex. 1, #5 Merritt Declaration Ex. 2, #6 Merritt Declaration Ex. 3, #7 Merritt Declaration Ex. 4, #8 Merritt Declaration Ex. 5, #9 Merritt Declaration Ex. 6, #10 Merritt Declaration Ex. 7, #11 Merritt Declaration Ex. 8, #12 Forys Declaration Ex. A, #13 Text of Proposed Order) (Anderson, Michael)
April 29, 2013 Filing 162 MOTION to Strike THE EXPERT REPORTS OF ROBERT L. WHITE AND TO PRECLUDE MR. WHITE'S TESTIMONY by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bennett, John)
April 29, 2013 Filing 161 MOTION for Summary Judgment OF NON-INFRINGEMENT OF CLAIMS 3,6,13,19 AND 24 OF U.S. PATENT NO. 5,991,374 by Defendant Muzak LLC. Responses due by 5/23/2013 (Attachments: #1 Text of Proposed Order) (Bennett, John)
April 29, 2013 Filing 160 MOTION for Partial Summary Judgment That Plaintiff Info-Hold is not Entitled to Reasonable Royalty Damages and for Dismissal by Defendant Muzak LLC. Responses due by 5/23/2013 (Attachments: #1 Memorandum in Support, #2 Bretschneider Declaration, #3 Bretschneider Declaration Ex. 1, #4 Bretschneider Declaration Ex. 2, #5 Text of Proposed Order) (Bretschneider, Barry)
April 29, 2013 Filing 159 RESPONSE in Opposition re #153 Supplemental MOTION for Reconsideration re #150 MOTION for Reconsideration re #101 Response (non motion), and Order (Doc. 126) filed by Defendants Muzak Holdings LLC, Muzak LLC. (Bretschneider, Barry)
April 22, 2013 Filing 158 Unopposed MOTION for Leave to File UNDER SEAL by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
April 22, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's Motion for Leave to File Under Seal (Doc. #158 ). As it is unopposed and and for good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 4/22/2013. (mr1)
April 19, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Counter Defendant's Unopposed Motion for Leave to File Under Seal (Doc. #157 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 4/19/2013. (mr1)
April 18, 2013 Filing 157 Unopposed MOTION for Leave to File under Seal by Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc.. (Kwak, James)
April 15, 2013 Opinion or Order Filing 156 ORDER GRANTING JOINT MOTION FOR THE ENTRY OF AGREED UPON STIPULATIONS AND EXTENSIONS REGARDING EXPERT DISCOVERY. Signed by Judge Timothy S. Black on 4/15/2013. (mr1)
April 15, 2013 Filing 155 Joint MOTION FOR THE ENTRY OF AGREED UPON STIPULATIONS AND EXTENSIONS REGARDING EXPERT DISCOVERY by Defendant Muzak Holdings LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
April 15, 2013 Opinion or Order Filing 154 ORDER granting #149 Motion to Withdraw as Attorney. Attorney Melancthon W Chatfield terminated. Signed by Judge Timothy S. Black on 4/15/2013. (mr1)
April 15, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on multiple filings by Plaintiff (Docs. 150, 151, 152, 153). The Court notes that they are duplicative in nature and have been filed over the course of six days, each successive pleading adding matters ad seriatim which had been overlooked in the preceding pleading. Pursuant to Fed. R. Civ. P. 12(f)(1), the Court hereby STRIKES the entries at 150, 151 and 152 and vacates all associated response/reply deadlines. Plaintiff's Second Supplemental Motion for Partial Reconsideration of Courts Order Granting Defendants Motion for Partial Summary Judgment on Info-Holds Claims of Inducement of Infringement Against Muzak Holdings LLC and Muzak LLC and Dismissing Muzak Holdings LLC from the Case (Doc. #153 ) remains pending for adjudication, and all response/reply deadlines shall be calculated from Doc. 153's filing date of 4/11/2013. In the event of filing errors in the future, Counsel shall NOT file additional duplicative pleadings as new docket entries, but shall instead contact Mary Rogers, Courtroom Deputy, Direct: Dial: 513-564-7529, or by Email: mary_rogers@ohsd.uscourts.gov, for assistance in correcting an entry. IT IS SO ORDERED by Judge Timothy S. Black on 4/15/2013. (mr1)
April 12, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Plaintiff's Motion for Leave to File Under Seal (Doc. #147 ). The time for a responsive pleading having passed, and none having been filed, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 4/12/2013. (mr1)
April 11, 2013 Filing 153 Second Supplemental MOTION for Partial Reconsideration of Court's Order Granting Defendants' Motion for Partial Summary Judgment on Info-Holds' Claims of Inducement of Infringement Against Muzak Holdings, LLC and Muzak LLC and Dismissing Muzak Holdings LLC from the Case by Plaintiff Info-Hold, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Wood, Daniel) Modified to edit text to reflect document caption on 4/15/2013 (mr1).
April 11, 2013 Filing 152 *** STRICKEN per 4/15/2013 Notation Order *** MOTION for Partial Summary Judgment ( Responses due by 5/6/2013), Supplemental MOTION for Reconsideration re #150 MOTION for Reconsideration re #101 Response (non motion), and Order (Doc. 126) by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Wood, Daniel) Modified to edit text for clarity on 4/15/2013 (mr1).
April 9, 2013 Filing 151 *** STRICKEN per 4/15/2013 Notation Order *** EXHIBIT D re #150 MOTION for Reconsideration re #101 Response (non motion), and Order (Doc. 126) by Plaintiff Info-Hold, Inc.. (Wood, Daniel) Modified docket text on 4/10/2013 (eh1). Modified to edit text for clarity on 4/15/2013 (mr1).
April 5, 2013 Filing 150 *** STRICKEN per 4/15/2013 Notation Order *** MOTION for Reconsideration re #101 Response (non motion), and Order (Doc. 126) by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Wood, Daniel) Modified to edit text for clarity and to on 4/15/2013 (mr1).
March 29, 2013 Notice of Correction: Per Clerk's instructions, counsel refilled motion to withdraw (Docs 148 and #149 ). Clerk determined that the motions were signed, but signature was hidden due to an Adobe formatting issue. Clerk removed, scanned and re-docketed #149 , regenerating the notice of electronic filing. Clerk removed [Former document 148] and terminated the motion created by this filing because it is duplicative of #149 . (mtw)
March 28, 2013 Filing 149 MOTION to Withdraw as Attorney by Plaintiff Info-Hold, Inc.. (Chatfield, Melancthon) (mtw).
March 27, 2013 Filing 148 [FORMER DOCUMENT 148] MOTION to Withdraw as Attorney by Plaintiff Info-Hold, Inc. (Chatfield, Melancthon) Modified to remove pdf on 3/29/2013 (mtw).
March 25, 2013 Notice of Correction re: 146 MOTION to Withdraw as Attorney Motion was unsigned. Counsel will refile a signed copy of the motion. (jlw)
March 22, 2013 Filing 147 MOTION of Info-Hold, Inc. for Leave to File Under Seal (Attachments: #1 Proposed Text of Proposed Order) (Wood, Daniel) Modified to edit text to reflect document title and to regenerate NEF on 3/25/2013 (mr1).
March 22, 2013 Filing 146 [FORMER DOCUMENT 146] MOTION to Withdraw as Attorney by Plaintiff Info-Hold, Inc.. (Chatfield, Melancthon) Modifiedto remove PDF on 3/25/2013 (jlw).
March 14, 2013 Opinion or Order NOTATION ORDER This civil action is before the Court on the parties' joint motion for extension of time for completing expert depositions (Doc. #143 ). For good cause shown, the motion is hereby GRANTED. The new deadline for completing expert depositions is 4/5/13. All remaining calendar deadlines remain as set. IT IS SO ORDERED by Judge Timothy S. Black on 3/14/2013. (mr1)
March 13, 2013 Filing 145 NOTICE of Appearance by Melissa Anne Rogers for Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. (Rogers, Melissa)
March 13, 2013 Filing 144 NOTICE of Appearance by James Kwak for Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. (Kwak, James)
March 12, 2013 Filing 143 Joint MOTION for Extension of Time. New date requested 4/5/2013 by Plaintiff Info-Hold, Inc. (Attachments: #1 Text of Proposed Order) (Wood, Daniel) Modified to clarify docket text on 3/12/2013 (mtw).
March 12, 2013 Filing 142 [FORMER DOCUMENT 142] Joint MOTION for Extension of Time New date requested 4/5/2013. by Plaintiff Info-Hold, Inc. (Attachments: # 1 Text of Proposed Order) (Wood, Daniel) Modified to remove pdf on 3/12/2013 (mtw).
March 12, 2013 Notice of Correction re [FORMER DOCUMENT 142] Joint MOTION for Extension of Time by Plaintiff Info-Hold, Inc.: Document removed at Counsel's request - incomplete pdf filed in error. Counsel immediately refiled as #143 Joint Motion. Clerk terminated motion associated with filing error. (mtw)
March 8, 2013 Opinion or Order Filing 141 ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT THAT PLAINTIFF INFO-HOLD IS NOT ENTITLED TO LOST PROFITS DAMAGES (Doc. #116 ). Signed by Judge Timothy S. Black on 3/8/2013. (mr1)
March 4, 2013 Opinion or Order Filing 139 ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT THAT PLAINTIFF INFO-HOLD IS NOT ENTITLED TO INJUNCTIVE RELIEF (Doc. #115 ). Signed by Judge Timothy S. Black on 3/4/2013. (mr1)
February 27, 2013 Opinion or Order Filing 138 ORDER granting #135 Motion to Withdraw as Attorney. Attorney David C Wagner terminated. Signed by Judge Timothy S. Black on 2/27/2013. (mr1)
February 27, 2013 Opinion or Order Filing 137 ORDER granting #132 Motion to Withdraw as Attorney. Attorney Christopher M Alexander terminated. Signed by Judge Timothy S. Black on 2/27/2013. (mr1)
February 27, 2013 Opinion or Order Filing 136 ORDER GRANTING MOTION OF DEFENDANT MUZAK LLC FOR LEAVE TO FILE UNDER SEAL. Signed by Judge Timothy S. Black on 2/27/2013. (mr1)
February 26, 2013 Filing 135 Joint MOTION to Withdraw as Attorney David C. Wagner by Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order Dave Wagner) (Alexander, Christopher)
February 26, 2013 Filing 134 MOTION for Leave to File Under Seal by Defendant Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bretschneider, Barry)
February 26, 2013 Filing 133 NOTICE of Appearance by Melancthon W Chatfield for Counter Defendant Info-Hold, Inc., Plaintiff Info-Hold, Inc. (Chatfield, Melancthon)
February 26, 2013 Filing 132 Joint MOTION to Withdraw as Attorney Christopher M. Alexander by Plaintiff Info-Hold, Inc.. (Attachments: #1 Text of Proposed Order Christopher M. Alexander) (Alexander, Christopher)
February 25, 2013 Filing 131 REPLY to Response to Motion re #115 MOTION for Partial Summary Judgment THAT PLAINTIFF IS NOT ENTITLED TO INJUNCTIVE RELIEF filed by Defendants Muzak Holdings LLC, Muzak LLC. (Bretschneider, Barry)
February 19, 2013 Filing 130 RESPONSE to Motion re #115 MOTION for Partial Summary Judgment THAT PLAINTIFF IS NOT ENTITLED TO INJUNCTIVE RELIEF filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
February 19, 2013 Filing 129 RESPONSE in Opposition re #116 MOTION for Partial Summary Judgment That Plaintiff Info-Hold Is Not Entitled to Lost Profits Damages filed by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Wood, Daniel)
February 15, 2013 Filing 128 Transcript of Proceedings (In-Chambers Conference) held on Friday, February 8, 2013, before Judge Timothy S. Black. 43 Pages. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number 513-564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/8/2013. Redacted Transcript Deadline set for 3/18/2013. Release of Transcript Restriction set for 5/16/2013. (mr1)
February 8, 2013 Motions No Longer Referred: #122 MOTION for Extension of Time New date requested 3/1/2013. (mr1)
February 8, 2013 Opinion or Order Minute Entry and NOTATION ORDER: This civil action came before the Court for an in-person conference with the parties' attorneys in Chambers on all pending motions, including Doc. #100 , Doc. #114 , Doc. #122 , and related memoranda. Attorneys Daniel Wood, David Wagner, Christopher Alexander, and David Wagner appeared for Plaintiff, and attorneys Barry Bretschneider and Kevin Kirsch appeared for Defendant. The Court hereby resolves the three listed motions as follows: (1) Thomas M. Jacobs shall serve as Plaintiff's expert and is GRANTED access to Defendant's protected information; (2) Robert L. White shall serve as Plaintiff's expert and is GRANTED access to Defendant's protected information; (3) James E. Dabbs, III, Dr. David Lucantoni, and the additional person identified shall not serve as Defendant's experts; and (4) the parties shall email to Chambers (Black_Chambers@ohsd.uscourts.gov) by 2/13/13 a joint proposed amended calendar order based on the Court's rulings, preserving the current dates for dispositive motions deadline and trial. IT IS SO ORDERED by Judge Timothy S. Black on 2/8/2013. (Court Reporter Jodie Perkins (Official).) (mr1)
February 6, 2013 Filing 127 RESPONSE in Opposition re #122 MOTION for Extension of Time New date requested 3/1/2013. filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit 1) (Anderson, Michael)
February 5, 2013 Filing 124 RESPONSE in Opposition re #114 First MOTION for Reconsideration re #108 Order on Motion for Miscellaneous Relief filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Anderson, Michael)
February 4, 2013 Filing 123 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendants Muzak Holdings LLC, Muzak LLC re #120 MOTION for Protective Order PREVENTING DR. DAVID LUCANTONI FROM PROVIDING A REPLY EXPERT REPORT ADDRESSING INFORMATION THAT SHOULD HAVE BEEN INCLUDED IN INFO-HOLD'S OPENING EXPERT REPORT, OR IN THE ALTERNATIVE, SEEKING TO STRIKE ANY REPLY EXPE (Bretschneider, Barry)
February 4, 2013 NOTICE of Hearing: The Court will hold a one hour in-person conference with counsel on all motions pending in this case on 2/8/13 at 11:00 a.m. in Cincinnati Chambers, Room 815. (mr1)
February 1, 2013 Filing 122 MOTION for Extension of Time and AND REQUEST FOR AN URGENT ORAL HEARING - New date requested 3/1/2013 by Plaintiff Info-Hold, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Wood, Daniel) Modified to edit text for detail on 2/4/2013 (mr1).
January 30, 2013 Filing 121 MOTION to Strike #118 RESPONSE TO PROPOSED UNDISPUTED FACTS AND STATEMENT OF DISPUTED ISSUES OF MATERIAL FACT re #89 MOTION for Partial Summary Judgment on Inducement filed by Plaintiff Info-Hold, Inc. by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order) (Bretschneider, Barry) Modified to clarify docket text on 1/31/2013 (jlw).
January 29, 2013 Filing 120 *** Withdrawn per Notice #123 *** MOTION for Protective Order PREVENTING DR. DAVID LUCANTONI FROM PROVIDING A REPLY EXPERT REPORT ADDRESSING INFORMATION THAT SHOULD HAVE BEEN INCLUDED IN INFO-HOLD'S OPENING EXPERT REPORT, OR IN THE ALTERNATIVE, SEEKING TO STRIKE ANY REPLY EXPERT REPORT SERVED BY DR. LUCANTONI by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Memorandum In Support, #2 Exhibit 1, #3 Text of Proposed Order) (Anderson, Michael) Modified to edit text and term the pleading as a pending motion on 2/4/2013 (mr1).
January 29, 2013 Filing 119 REPLY to Response to Motion re #100 MOTION Motion to Preclude James E. Dabbs, III, and Robert L. White from Accessing Muzak's Protected Information filed by Defendants Muzak Holdings LLC, Muzak LLC. (Anderson, Michael)
January 28, 2013 Filing 118 RESPONSE TO PROPOSED UNDISPUTED FACTS AND STATEMENT OF DISPUTED ISSUES OF MATERIAL FACT re #89 MOTION for Partial Summary Judgment on Inducement filed by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Wood, Daniel) Modified on 1/29/2013 (lk).
January 23, 2013 Filing 116 MOTION for Partial Summary Judgment That Plaintiff Info-Hold Is Not Entitled to Lost Profits Damages by Defendants Muzak Holdings LLC, Muzak LLC. Responses due by 2/19/2013 (Attachments: #1 Memorandum in Support of Motion of Defendants for Partial Summary Judgment, #2 Statement of Undisputed Material Facts in Support of Motion of Defendants for Partial Summary Judgment, #3 Exhibit 1 - Declaration of Barry E. Bretschneider, #4 Exhibit A to Declaration of Barry E. Bretschneider, #5 Exhibit B to Declaration of Barry E. Bretschneider, #6 Exhibit C to Declaration of Barry E. Bretschneider, #7 Exhibit 2) (Merritt, Bridget)
January 23, 2013 Filing 115 MOTION for Partial Summary Judgment THAT PLAINTIFF IS NOT ENTITLED TO INJUNCTIVE RELIEF by Defendants Muzak Holdings LLC, Muzak LLC. Responses due by 2/19/2013 (Bennett, John)
January 23, 2013 Opinion or Order NOTATION ORDER: This civil case is before the Court on Defendants' DN #89 sealed motion for partial summary judgment. Pursuant to this Court's standing order governing civil motions for summary judgment, Defendants filed a document entitled "Proposed Undisputed Facts" (Doc. 92 -2), which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. Plaintiff failed to respond as required. Therefore, Plaintiff shall file its "Response to Proposed Undisputed Facts and Statement of Disputed Issues of Material Fact" on or before January 25, 2013. See http://www.ohsd.uscourts.gov/judges/fpblack.htm. IT IS SO ORDERED by Judge Timothy S. Black on 1/23/2013. (mr1)
January 18, 2013 Filing 114 First MOTION for Reconsideration re #108 Order on Motion for Miscellaneous Relief by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Wood, Daniel)
January 18, 2013 Opinion or Order This civil action is before the Court on the parties' joint motion for extension of time to submit rebuttal expert reports by Defendants Muzak Holdings LLC and Muzak LLC (Doc. #113 ). For good cause shown, the motion is hereby GRANTED. Defendants shall file their reply expert report on invalidity on or before 2/4/13. IT IS SO ORDERED by Judge Timothy S. Black on 1/18/2013. (mr1)
January 17, 2013 Filing 113 Joint MOTION for Extension of Time New date requested 2/4/2013. Joint Motion for Extension of Time to Submit Rebuttal Expert Reports by Defendants Muzak Holdings LLC and Muzak LLC by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Michael)
January 16, 2013 Filing 112 NOTICE by Plaintiff Info-Hold, Inc. Corrected Certificate of Service Re. #111 Response (Wood, Daniel) Modified on 1/17/2013 (lk).
January 12, 2013 Filing 111 RESPONSE in Opposition re #100 MOTION Motion to Preclude James E. Dabbs, III, and Robert L. White from Accessing Muzak's Protected Information filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
January 11, 2013 Filing 110 RESPONSE in Opposition re #80 MOTION for Partial Summary Judgment Proposed Undisputed Facts and Statement of Disputed Issues of Material Facts filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
January 11, 2013 Filing 109 REPLY to Response to Motion re #89 MOTION for Partial Summary Judgment On Info-Hold's Claims of Inducement of Infringement Against Muzak Holdings LLC and Muzak LLC and Dismissing Muzak Holdings From the Case filed by Defendants Muzak Holdings LLC, Muzak LLC. (Merritt, Bridget)
January 9, 2013 Motions No Longer Referred: #100 MOTION Motion to Preclude James E. Dabbs, III, and Robert L. White from Accessing Muzak's Protected Information. (mr1)
January 8, 2013 Opinion or Order Filing 108 ORDER GRANTING DEFENDANTS' MOTION TO PRECLUDE THOMAS M. JACOBS FROM ACCESSINGMUZAKS PROTECTED INFORMATION (Doc. #90 ). Signed by Judge Timothy S. Black on 1/8/2013. (mr1)
January 8, 2013 Opinion or Order Filing 107 ORDER GRANTING DEFENDANTS' MOTION TO REMOVE ATTORNEY EYES ONLY DESIGNATIONS OF THE SEPTEMBER 25, 2012 RULE 30(b)(6) DEPOSITION TRANSCRIPT OF INFO-HOLD (Doc. #93 ). Signed by Judge Timothy S. Black on 1/8/2013. (mr1)
January 8, 2013 Opinion or Order Filing 106 ORDER DENYING PLAINTIFF'S MOTIONS TO EXTEND THE DISCOVERY DEADLINES AND FOR LEAVE TO FILE A SUPPLEMENTAL EXPERT DISCLOSURE (Docs. #94 , #95 ). Signed by Judge Timothy S. Black on 1/8/2013. (mr1)
January 8, 2013 Opinion or Order Filing 105 ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO SUBMIT REBUTTAL EXPERT REPORTS (Doc #104 ). The responsive and rebuttal expert reports of the parties shall be served within the following deadlines: January 11, 2013 - Info-Hold to serve its responsive expert report on validity; January 18, 2013 - Muzak to serve its responsive expert reports on infringement and damages; and January 31, 2013 - for the parties to serve their rebuttal expert reports. Signed by Judge Timothy S. Black on 1/8/2013. (mr1)
January 8, 2013 Opinion or Order NOTATION ORDER: This case is before the Court on Defendants' Motion for Leave to File Under Seal (Doc. #103 ). This motion is well-taken and GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 1/8/2013. (mr1)
January 8, 2013 Opinion or Order NOTATION ORDER: This civil case is before the Court on Defendants' DN 83 sealed motion for partial summary judgment. Pursuant to this Court's standing order governing civil motions for summary judgment, Defendants filed a document entitled "Proposed Undisputed Facts" (Doc. 83-2), which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. Plaintiff failed to respond as required. Therefore, Plaintiff shall file its "Response to Proposed Undisputed Facts and Statement of Disputed Issues of Material Fact" on or before January 11, 2013. See http://www.ohsd.uscourts.gov/judges/fpblack.htm. IT IS SO ORDERED by Judge Timothy S. Black on 1/8/2013. (mr1)
January 7, 2013 Filing 104 Joint MOTION for Extension of Time New date requested 1/11/2013. New dates requested: 1/11/13; 1/18/13 and 1/31/13 by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Text of Proposed Order) (Anderson, Michael)
January 4, 2013 Filing 103 MOTION for Leave to File Under Seal by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Text of Proposed Order) (Merritt, Bridget)
December 28, 2012 Filing 102 REPLY to Response to Motion re 83 MOTION for Partial Summary Judgment Limiting Damages to Those Accrued After May 3, 2011 filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Declaration of Barry E. Bretschneider, #2 Exhibit A to Declaration of Barry E. Bretschneider, #3 Exhibit B to Declaration of Barry E. Bretschneider) (Merritt, Bridget) Modified to correct the link to the motion on 1/7/2013 (mr1).
December 27, 2012 Filing 101 Response in Opposition re #89 MOTION for Partial Summary Judgment Filed Under Seal by Plaintiff Info-Hold, Inc. and 92 Memorandum in support (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Wood, Daniel) Modified to update entry text and create additional hyper-link on 1/7/2013 (mr1).
December 21, 2012 Filing 100 MOTION Motion to Preclude James E. Dabbs, III, and Robert L. White from Accessing Muzak's Protected Information by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Memorandum in Support of Motion, #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) (Anderson, Michael)
December 21, 2012 Motions No Longer Referred: #95 Second MOTION for Extension of Time to Complete Discovery New date requested 2/8/2013. , #94 First MOTION for Extension of Time to Complete Discovery New date requested 2/11/2013. (mr1)
December 20, 2012 Filing 99 RESPONSE in Opposition re #95 Second MOTION for Extension of Time to Complete Discovery New date requested 2/8/2013. filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Anderson, Michael)
December 20, 2012 Filing 98 RESPONSE in Opposition re #94 First MOTION for Extension of Time to Complete Discovery New date requested 2/11/2013. filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) (Anderson, Michael)
December 17, 2012 Filing 97 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held via telephone on 12/17/2012. Counsel for plaintiff and defendant present. (Court Reporter none present.) (art)
December 13, 2012 Filing 96 RESPONSE in Opposition re 83 MOTION for Partial Summary Judgment on Damages filed by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit (Sealed per 11/21/12 Notation Order), #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Wood, Daniel) Modified to correct hyper-link and edit text for detail on 12/18/2012 (mr1).
December 10, 2012 Filing 95 Second MOTION for Extension of Time to Complete Discovery New date requested 2/8/2013. by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Wood, Daniel)
December 10, 2012 Filing 94 First MOTION for Extension of Time to Complete Discovery New date requested 2/11/2013. by Plaintiff Info-Hold, Inc.. (Alexander, Christopher)
December 7, 2012 Motions No Longer Referred: #93 MOTION to Remove Attorney Eyes Only Designations of the September 25, 2012, Rule 30(B)(6) Deposition Transcript of Info-Hold. (mr1)
December 6, 2012 Filing 93 MOTION to Remove Attorney Eyes Only Designations of the September 25, 2012, Rule 30(B)(6) Deposition Transcript of Info-Hold by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Anderson, Michael) Modified on 12/7/2012 (mr1).
December 5, 2012 Motions No Longer Referred: #90 MOTION to Preclude Thomas M. Jacobs from Accessing Muzak's Protected Information. (mr1)
December 3, 2012 Filing 91 NOTICE by Defendants Muzak Holdings LLC, Muzak LLC of Filing Under Seal Memorandum in Support et al. 92 re #89 MOTION for Partial Summary Judgment (Bennett, John) Modified to clarify docket text on 12/4/2012 (mee). Modified on 12/4/2012 - To create hyper-link (tt).
December 3, 2012 Filing 90 MOTION Motion to Preclude Thomas M. Jacobs from Accessing Muzak's Protected Information by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Memorandum, #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) (Anderson, Michael)
December 3, 2012 Filing 89 MOTION for Partial Summary Judgment by Defendants Muzak Holdings LLC, Muzak LLC. Responses due by 12/27/2012 (Bennett, John)
November 27, 2012 Filing 88 STIPULATION OF JUDGMENT OF NON-INFRINGEMENT OF '374 PATENT CLAIMS 7-11, 14-18, 20-22, 26-29, 37 AND 38. Signed by Judge Timothy S. Black on 11/27/12. (Attachments: #1 Exhibit A) (mr1)
November 27, 2012 Opinion or Order NOTATION ORDER: This case is before the Court on Defendants' Motion for Leave to File Under Seal (Doc. #87 ). This motion is well-taken and GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 11/27/2012. (mr1)
November 26, 2012 Filing 87 MOTION for Leave to File Under Seal by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Text of Proposed Order) (Merritt, Bridget)
November 26, 2012 Filing 86 Proposed STIPULATION OF JUDGMENT by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit A) (Kirsch, Kevin) Modified to edit text on 11/27/2012 (mr1).
November 21, 2012 Opinion or Order Filing 85 ORDER following Informal #84 Discovery Conference. By agreement of the parties, the depositions scheduled for Monday, 11/26/2012 are postponed until a future date that is mutually agreeable to the parties. Signed by Magistrate Judge Karen L. Litkovitz on 11/21/2012. (art)
November 21, 2012 Filing 84 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held via telephone on 11/21/2012. Counsel for plaintiff and defendant present. Order of the Court to follow. (Court Reporter none present.) (art)
November 21, 2012 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant's pending Motion for Partial Summary Judgment. (Doc. 80). Doc. 80 is hereby VACATED, as the Court has docketed the motion together with the attached items under seal at entry 83 . As such, any and all responses/replies should be linked to sealed entry Doc. 83 . The due date for responses remains unchanged. If the parties wish to file their responses/replies under seal, they need not move for leave and shall file their respective pleadings under seal, as desired. The Court suggests that Counsel consider presenting to the Court a joint protective order, which provides, in part, that: "In accordance with S.D. Ohio Civ. R. 79.3, any documents which contain Protected Information, if filed with this Court, shall be filed under seal and shall be made available only to the Court and to persons authorized under the terms of this Order. Pursuant to Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219, 227 (6th Cir. 1996), this Court will review each filing made under seal to determine whether there is good cause for shielding the information from public view. If the Court finds that good cause is lacking, it shall notify the parties and hold a hearing, if necessary, prior to unsealing the document." IT IS SO ORDERED by Judge Timothy S. Black on 11/21/2012. (mr1)
November 19, 2012 Opinion or Order Filing 82 ORDER granting #79 Motion for Leave to Appear Pro Hac Vice of Bridget Springer Merritt. Signed by Judge Timothy S. Black on 11/19/2012. (mr1)
November 19, 2012 Filing 81 NOTICE of Filing Under Seal 83 (Bennett, John) Modified on 11/21/2012 - To create hyper-link (tt).
November 19, 2012 Filing 80 MOTION for Partial Summary Judgment by Defendants Muzak Holdings LLC, Muzak LLC. Responses due by 12/13/2012 (Attachments: #1 Memorandum In Support, #2 Statement of Undisputed Material Facts) (Bennett, John)
November 19, 2012 Opinion or Order NOTATION ORDER: This case is before the Court on Defendants' Motion for Leave to file under seal (Doc. #78 ). The motion is well taken and GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 11/19/2012. (mr1)
November 15, 2012 Filing 79 MOTION for Leave to Appear Pro Hac Vice of Bridget Springer Merritt (Filing fee $ 200) by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Certificate of Good Standing) (Bennett, John)
November 15, 2012 Filing 78 MOTION for Leave to File Under Seal by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Text of Proposed Order) (Bennett, John)
November 15, 2012 PRO HAC VICE Filing fee: $ 200.00, receipt number 100CIN016936 for Bridget Springer Merritt. (jlw)
November 14, 2012 Opinion or Order Filing 77 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED AND SUPPLEMENTAL COMPLAINT (Doc. #62 ) IS DENIED. Signed by Judge Timothy S. Black on 11/14/2012. (mr1)
November 8, 2012 Opinion or Order Filing 76 ORDER re: 11/7/12 Informal Discovery Conference. Signed by Magistrate Judge Karen L. Litkovitz on 11/8/12. (sct1)
November 7, 2012 Filing 75 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held via telephone on 11/7/2012. Counsel for plaintiff and defendant present. Order of the Court to follow. (Court Reporter none present.) (art)
November 6, 2012 Opinion or Order Filing 74 ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION AND DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION (Docs. #61 , #63 ). Signed by Judge Timothy S. Black on 11/6/2012. (mr1)
November 2, 2012 Filing 73 NOTICE by Plaintiff Info-Hold, Inc. Certificate of Service for Agreement to Be Bound By Protective Order (Attachments: #1 Supplement Document Previously Filed) (Alexander, Christopher)
November 1, 2012 Filing 72 NOTICE by Plaintiff Info-Hold, Inc. Agreement to be Bound by Protective Order (Alexander, Christopher)
November 1, 2012 Filing 71 NOTICE of Appearance by Christopher M Alexander for Plaintiff Info-Hold, Inc. (Alexander, Christopher)
October 30, 2012 Filing 70 REPLY to Response to Motion re #62 MOTION for Leave to File First Amended Complaint filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
October 23, 2012 Filing 69 REPLY to Response to Motion re #63 MOTION for Reconsideration re #60 Order On Claim Construction filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
October 22, 2012 Filing 68 RESPONSE in Opposition re #62 MOTION for Leave to File First Amended Complaint filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Anderson, Michael)
October 18, 2012 Filing 67 NOTICE of Appearance by David Wagner for Plaintiff Info-Hold, Inc. (Wood, Daniel) Modified on 10/25/2012 (lk).
October 16, 2012 Filing 66 REPLY to Response to Motion re #61 MOTION for Reconsideration Defendants' Motion to Reconsider Claim Construction Order Related to Term "Control Signal" filed by Defendants Muzak Holdings LLC, Muzak LLC. (Anderson, Michael)
October 11, 2012 Filing 65 RESPONSE in Opposition re #63 MOTION for Reconsideration re #60 Order On Claim Construction filed by Defendants Muzak Holdings LLC, Muzak LLC. (Anderson, Michael)
October 8, 2012 Filing 64 RESPONSE in Opposition re #61 MOTION for Reconsideration Defendants' Motion to Reconsider Claim Construction Order Related to Term "Control Signal" filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
September 27, 2012 Filing 63 MOTION for Reconsideration re #60 Order On Claim Construction by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit) (Wood, Daniel)
September 26, 2012 Filing 62 MOTION for Leave to File First Amended Complaint by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit Amended Complaint) (Wood, Daniel)
September 17, 2012 Filing 61 MOTION for Reconsideration Defendants' Motion to Reconsider Claim Construction Order Related to Term "Control Signal" by Defendant Muzak LLC. (Anderson, Michael)
September 10, 2012 Opinion or Order Filing 60 ORDER ON CLAIM CONSTRUCTION. Signed by Judge Timothy S. Black on 9/10/2012. (mr1)
September 10, 2012 Opinion or Order NOTATION ORDER: The civil cover sheet in Info-Hold, Inc. v. Muzak Holdings, LLC, et al., 1:11cv283 (Doc. 1-1), states that it is RELATED to Info-Hold, Inc. v. Applied Media Technologies Corporation, 1:08cv802. Upon review of the cases, the Court determines that cases are indeed related and it is ORDERED that the dockets be updated to reflect the related association. IT IS SO ORDERED by Judge Timothy S. Black on 9/10/12. (mr1)
August 28, 2012 Filing 59 Sur-reply to Defendants' response (Reply) to Plaintiff's Response in Opposition to Defendant's Markman Hearing Brief filed by Plaintiff Info-Hold, Inc.. (Wood, Daniel) Modified to clarify docket tex on 8/29/2012 (jlw).
August 28, 2012 Opinion or Order Notation Order: This civil case is before the Court on Plaintiff Info-hold's Motion for Leave to File a Sur-reply (Doc. #58 ). For good cause shown, Plaintiff's motion is GRANTED. Plaintiff shall file its sur-reply on or before 8/28/12. IT IS SO ORDERED by Judge Timothy S. Black on 8/28/12. (mr1)
August 27, 2012 Filing 58 MOTION for Leave to File Sur-Reply to Defendants' Reply by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
August 23, 2012 Filing 57 Reply re #55 Response (non motion) Defendants' Response to Info-Hold's Post-Hearing Response to Defendants' Markman Hearing Brief by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Anderson, Michael)
August 23, 2012 Filing 56 NOTICE by Defendants Muzak Holdings LLC, Muzak LLC Defendant PowerPoint Presentation from August 10, 2012 hearing (Anderson, Michael)
August 17, 2012 Filing 55 Response re #47 Response (non motion) Response to Muzak Markman Hearing Brief by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
August 17, 2012 Filing 54 Transcript of Proceedings (Markman Hearing) held on 8/10/2012, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/7/2012. Redacted Transcript Deadline set for 9/17/2012. Release of Transcript Restriction set for 11/15/2012. (jlw)
August 10, 2012 Opinion or Order Minute Entry and Notation Order: This case came before the Court for a Claim Construction Hearing on 8/10/12 at 10:00 a.m. Attorney Daniel Wood appeared on behalf of the Plaintiff; Info-Hold President Joey Hazenfield and Info-Hold CEO Mark Mason also attended on behalf of Plaintiff. Attorneys John Bennett, Barry Bretschneider, and Michael Anderson attended on behalf of the Defendant. Don Mihokovich attended by telephone. Arguments were presented to the Court. Defendant is granted leave to submit its Power-Point presentation as a hearing brief. Plaintiff may file a Response in Opposition on or before 8/17/12 and Defendant may file a Reply on or before 8/24/12. IT IS SO ORDERED by Judge Timothy S. Black. (Court Reporter Luke Lavin (Official).) (mr1) Modified on 8/10/2012 (mr1).
August 3, 2012 NOTICE of Hearing: The Markman Hearing set for 8/10/2012 10:00 a.m. will proceed in Cincinnati Courtroom 7, Room 117 before Judge Timothy S. Black. (mr1)
August 1, 2012 Minute Entry: This case came before the Court for a status conference by telephone on 8/1/12 at 10:45 a.m. Attorneys Daniel Wood, John Bennett, Kevin Kirsch, and Barry E. Bretschneider participated. The Markman hearing will proceed as scheduled on 8/10/12 at 10:00 a.m. in Cincinnati Courtroom #3. The parties will not present a tutorial to the Court prior to the Markman hearing. (mr1)
July 26, 2012 Opinion or Order Filing 53 ORDER denying plaintiff's #37 Motion to Modify the Default Protective Order and to compel defendants to produce Attorneys Eyes Only information for plaintiff's counsel of record, Mr. Wood. Signed by Magistrate Judge Karen L. Litkovitz on 7/26/2012. (art)
July 23, 2012 Filing 52 EXHIBIT 22 tendered by defendant and admitted by the Court at 7/23/12 Evidentiary Hearing. (art) Modified on 7/26/2012 (art).
July 23, 2012 Filing 51 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Evidentiary Hearing regarding plaintiff's #37 MOTION regarding Protective Order and to Compel held on 7/23/2012. Counsel for plaintiff and defendant present. All parties including counsel were sworn-in by the Court. Daniel Wood, Esq. testified. Joey Hazenfield, Company representative testified. Defendant's exhibit 22 was marked and admitted. Arguments heard. Matter taken under submission. Order of the Court to follow. (Court Reporter Jodie Perkins, Official Reporter.) (art)
July 23, 2012 Filing 50 NOTICE of Appearance by M Scott McIntyre for Defendants Muzak Holdings LLC, Muzak LLC (McIntyre, M)
July 17, 2012 Opinion or Order Filing 49 ORDER/NOTICE of Hearing on #37 Motion This matter is before the Court on plaintiff Info-Hold, Inc.s Motion to IncorporateSection 2.2(b) Into the Courts Protective Order and To Compel Defendants to Produce AEO [Attorneys Eyes Only] Material (Doc. 37). An evidentiary hearing on the motion will be held on Monday, July 23, 2012 at 10:00 a.m., before U.S. Magistrate Judge Karen L. Litkovitz in Courtroom 708, U.S. Courthouse Building, 100 E. Fifth Street, Cincinnati, Ohio 45202. (jlw)
July 6, 2012 Filing 48 Objection re #41 Brief - Petitioner, #33 Brief Defendants' Objections to Extrinsic Evidence Cited by Info-Hold in Support of Proposed Claim Constructions by Defendant Muzak LLC. (Anderson, Michael)
July 6, 2012 Filing 47 Response re #41 Brief - Petitioner Defendants' Response Brief in Support of Proposed Claim Constructions by Defendant Muzak LLC. (Attachments: #1 Exhibit) (Anderson, Michael)
July 6, 2012 Filing 46 RESPONSE to Motion re #45 Joint MOTION for Extension of Time to File Response/Reply New date requested 7/6/2012. Joint Motion for Extension of Time to File Responses to Opening Claim Construction Briefs Response Brief filed by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit A) (Wood, Daniel)
June 29, 2012 Opinion or Order Notation Order: This case is before the Court on the parties' Joint Motion for Extension of Time to File Responses to Opening Claim Construction Briefs (Doc. 45). For good cause shown, the motion is GRANTED. Responses due by 7/6/2012. IT IS SO ORDERED by Judge Timothy S. Black on 6/29/12. (mr1)
June 27, 2012 Filing 45 Joint MOTION for Extension of Time to File Response/Reply New date requested 7/6/2012. Joint Motion for Extension of Time to File Responses to Opening Claim Construction Briefs by Plaintiff Info-Hold, Inc., Defendants Muzak Holdings LLC, Muzak LLC. (Bennett, John)
June 25, 2012 Filing 44 REPLY to Response to Motion re #37 MOTION for Discovery filed by Plaintiff Info-Hold, Inc.. (Attachments: #1 Exhibit Agreement to Be Bound, #2 Exhibit Email from Stephen Shilling, Law Clerk) (Wood, Daniel)
June 14, 2012 Opinion or Order Notation Order: This case is before the Court on an unopposed Joint Motion for Extension of Time and is hereby GRANTED. The Petitioner's Brief (Doc #41 ) is deemed timely filed. IT IS SO ORDERED by Judge Timothy S. Black on 6/14/12. (mr1)
June 11, 2012 Filing 43 RESPONSE in Opposition re #37 MOTION for Discovery filed by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit Cheng email to Wood, #2 Exhibit Wood email to Bennett, #3 Exhibit Bennett letter to Wood, #4 Exhibit Wood letter to Bennett, #5 Exhibit Minute Entry, #6 Exhibit Excerpts, #7 Exhibit Overview, #8 Exhibit Website printout, #9 Exhibit Bretschneider email to Wood, #10 Exhibit Anderson email to Wood, #11 Exhibit Wood email to Bretschneider, #12 Exhibit Bretschneider to Wood, #13 Exhibit Excerpt, #14 Exhibit Excerpt, #15 Exhibit Excerpt, #16 Exhibit Excerpt, #17 Exhibit Wood letter to Rayburn, #18 Exhibit Wood letter to Zendan, #19 Exhibit Attorney Discipline & Sanction History, #20 Exhibit Excerpt, #21 Exhibit US Patent Application) (Kirsch, Kevin)
June 8, 2012 Filing 42 NOTICE by Plaintiff Info-Hold, Inc. re #41 Brief - Petitioner Notice of Service Correction (Wood, Daniel)
June 8, 2012 Filing 41 Petitioner's BRIEF by Info-Hold, Inc. Claim Construction. (Attachments: #1 Appendix) (Wood, Daniel)
June 8, 2012 Filing 40 BRIEF by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Kirsch, Kevin)
June 1, 2012 Filing 39 Joint MOTION for Extension of Time New date requested 6/8/2012. by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
May 23, 2012 Opinion or Order Filing 38 ORDER OF REFERRAL TO MAGISTRATE JUDGE LITKOVITZ. Signed by Judge Timothy S. Black on 5/22/12. (mr1)
May 18, 2012 Filing 37 MOTION to Incorporate Section 2.2(b) Into the Court's Protective Order and to Compel Defendants to Produce AEO Material by Plaintiff Info-Hold, Inc.. (Attachments: #1 Affidavit Daniel J. Wood, #2 Affidavit Joey C. Hazenfield, #3 Appendix Protective Order) (Wood, Daniel) Modified to edit text for document title on 5/21/2012 (mr1).
April 20, 2012 NOTICE of Hearing: The Status Conference by telephone set 8/2/2012 is VACATED and RESCHEDULED for 8/1/2012 at 10:45 a.m. before Judge Timothy S. Black. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
April 16, 2012 Filing 36 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Settlement Conference held on 4/16/2012. Counsel for plaintiff and defendant present. Matter was not settled this date. Parties will continue talks and will contact the Court if another settlement conference is needed. (Court Reporter none present.) (art)
April 3, 2012 NOTICE of Hearing: The Status Conference by telephone set for 8/2/2012 at 9:30 a.m. is VACATED and RESCHEDULED for 8/2/2012 at 10:00 a.m. before Judge Timothy S. Black. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. The Markman Hearing set for 8/9/12 is VACATED and RESCHEDULED for 8/10/2012 at 10:00 a.m. in Courtroom 3 - Cincinnati before Judge Timothy S. Black. The Final Pretrial Conference set 9/17/2013 is VACATED and RESCHEDULED for 10/7/2013 at 10:00 a.m. in Chambers, Room 815 before Judge Timothy S. Black. The Jury Trial set for 10/14/2013 is VACATED and RESCHEDULED for 10/15/2013 at 9:30 a.m. in Courtroom 3 - Cincinnati before Judge Timothy S. Black. (mr1)
April 2, 2012 Opinion or Order Filing 35 ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 4/2/12. (ba1)
March 23, 2012 Filing 34 NOTICE by Plaintiff Info-Hold, Inc. re #31 Brief (Wood, Daniel)
March 23, 2012 Filing 33 BRIEF re #31 Brief by Plaintiff Info-Hold, Inc.. (Attachments: #1 Appendix A Plaintiff's Intrinsic and Extrinsic Evidence) (Wood, Daniel)
March 22, 2012 Filing 32 BRIEF re #31 Brief by Defendants Muzak Holdings LLC, Muzak LLC. (Attachments: #1 APPENDIX B DEFENDANTS INTRINSIC AND EXTRINSIC EVIDENCE [parts 1, 2 & 3], #2 APPENDIX B DEFENDANTS INTRINSIC AND EXTRINSIC EVIDENCE [parts 1, 2 & 3]) (Bennett, John)
March 22, 2012 Filing 31 BRIEF by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
February 10, 2012 Filing 30 CORRECTED NOTICE of Hearing: Settlement Conference set for Monday, 4/16/2012 at 09:00 AM in Chambers Room 716 before Magistrate Judge Karen L. Litkovitz. (COUNSEL SHOULD SUMBIT EX-PARTE SETTLEMENT LETTER TO THE COURT (5) BUSINESS DAYS PRIOR TO THE CONFERENCE). (art)
February 10, 2012 Filing 29 NOTICE of Settlement Conference set for Monday, 4/17/2012 at 09:00 AM in Chambers Room 716 before Magistrate Judge Karen L. Litkovitz. (COUNSEL SHOULD SUBMIT EX-PARTE SETTLEMENT LETTERS TO THE COURT (5) BUSINESS DAYS PRIOR TO THE CONFERENCE). (art)
January 31, 2012 Opinion or Order Filing 28 ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Karen L. Litkovitz for the purpose of conducting a settlement conference. Signed by Judge Michael R. Barrett on 1/31/12. (ba1)
January 24, 2012 Filing 27 NOTICE by Defendants Muzak Holdings LLC, Muzak LLC of Change of Law Firm Affiliation (Kirsch, Kevin)
January 23, 2012 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/23/2012; Daniel Wood appeared for Plaintiff; John Bennett, Kevin Kirsch and Barry Bretschneider appeared for Defendant; parties to confer re: mediation question, attorney eyes only issue and possible tutorial prior to markman hrg and apprise the law clerk by the end of the week and a follow up conference will be set. (ba1)
January 20, 2012 NOTICE of Hearing: Please be aware that a Status Conference is set for 1/23/2012 at 09:00 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 9:00 am. (ba1)
January 18, 2012 Filing 26 NOTICE by Defendants Muzak Holdings LLC, Muzak LLC of Change of Law Firm Affiliation (Kirsch, Kevin)
November 23, 2011 Opinion or Order Filing 25 ORDER granting #24 Motion for Leave to Serve Revised preliminary infringement Contentions; plaintiff may serve defendants pursuant to S.D. Ohio Pat. R. 103.7. Signed by Judge Michael R. Barrett on 11/23/11. (ba1)
November 17, 2011 Filing 24 MOTION to Amend/Correct Preliminary Infringement Contentions by Plaintiff Info-Hold, Inc.. (Wood, Daniel)
November 16, 2011 Opinion or Order Filing 23 AMENDED CALENDAR ORDER: Amended Pleadings due by 11/29/2011. Status Conference set for 8/2/2012 at 09:30 AM by teleconference before Judge Michael R. Barrett. Fact Discovery due by 12/10/2012. Motions due by 4/29/2013. Settlement Conference set for 6/19/2013 at 09:30 AM in Chambers before Judge Michael R. Barrett. Markman Hearing set for 8/9/2012 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Proposed Final Pretrial Order/Jury Instructions due by 9/10/2013. Final Pretrial Conference set for 9/17/2013 at 09:30 AM in Chambers before Judge Michael R. Barrett. Jury Trial set for 10/14/2013 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 11/3/11. (ba1)
October 11, 2011 Opinion or Order Filing 22 CALENDAR ORDER: Motions directed to pleadings due by 11/29/2011. Status Conference set for 8/8/2012 at 09:30 AM by teleconference before Judge Michael R. Barrett. Fact Discovery due by 12/10/2012. Motions pleadings due by 3/7/2013. Settlement Conference set for 4/24/2013 at 09:30 AM in Chambers before Judge Michael R. Barrett. Markman Hearing set for 8/9/2011 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Proposed Final Pretrial Order/Jury Instructions due by 7/22/2013. Final Pretrial Conference set for 7/29/2013 at 09:30 AM in Chambers before Judge Michael R. Barrett. Jury Trial set for 8/26/2013 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 10/11/11. (ba1)
October 6, 2011 Opinion or Order Filing 21 ORDER denying #14 Motion to Strike Affirmative Defenses re #11 Answer to Counterclaim. Signed by Judge Michael R. Barrett on 10/6/11. (ba1)
October 5, 2011 Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 10/5/2011; Daniel Wood appeared for Plaintiff; John Bennett, Michael Anderson, Kevin Kirsch and John Corrado appeared for Defendant; calendar order to follow. (ba1)
October 4, 2011 NOTICE of Hearing: Please be aware that the Scheduling Conference set for 10/5/2011 at 02:00 PM is being conducted by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 2:00 pm. (ba1)
September 9, 2011 Filing 20 RULE 26(f) REPORT by Plaintiff Info-Hold, Inc. and by Defendants Muzak Holdings LLC, Muzak LLC. (Kirsch, Kevin)
September 9, 2011 NOTICE of Hearing: Scheduling Conference set for 10/5/2011 02:00 PM in Teleconference before Judge Michael R. Barrett. (jlw)
August 2, 2011 Filing 19 REPLY to Response to Motion re #14 MOTION to Strike #11 Answer to Counterclaim Affirmative Defenses filed by Defendants Muzak Holdings LLC, Muzak LLC. (Kirsch, Kevin)
July 20, 2011 Filing 18 RESPONSE in Opposition re #14 MOTION to Strike #11 Answer to Counterclaim Affirmative Defenses filed by Counter Defendant Info-Hold, Inc.. (Wood, Daniel)
July 15, 2011 Opinion or Order Filing 17 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice of John Paul Corrado.Signed by Judge Michael R. Barrett on 7/15/2011. (jlw)
July 15, 2011 Opinion or Order Filing 16 ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of Barry Eastburn Bretschneider. Signed by Judge Michael R. Barrett on 7/15/2011. (jlw)
July 15, 2011 Opinion or Order Filing 15 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice of Michael Edward Anderson. Signed by Judge Michael R. Barrett on 7/15/2011. (jlw)
July 14, 2011 Filing 14 MOTION to Strike #11 Answer to Counterclaim Affirmative Defenses by Defendants Muzak Holdings LLC, Muzak LLC. (Kirsch, Kevin)
July 7, 2011 Filing 13 NOTICE by Counter Defendant Info-Hold, Inc. re #11 Answer to Counterclaim (Attachments: #1 Supplement Signature page to ECF#11) (Wood, Daniel)
July 3, 2011 NOTICE OF HEARING: Rule 26(f) Report due by 9/9/2011; Scheduling Conference set for 9/15/2011 at 10:00 AM by eleconference before Judge Michael R. Barrett; Parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 10:00 am. Parties may obtain all the pretrial forms such as the Rule 26(f) report and trial procedures used by the trial and Magistrate Judge by visiting our website at: www.ohsd.uscourts.gov (ba1)
July 1, 2011 Opinion or Order Filing 12 ORDER granting #7 Motion for Correction of Names for Defendants Muzak Holdings LLC and Muzak LLC. Signed by Judge Michael R. Barrett on 7/1/2011. The Clerk is directed to modify the official docket and associated entries in the CM/ECF system so that the names of Defendants are corrected and changed. (jlw)
July 1, 2011 Filing 11 ANSWER to #5 Answer to Complaint, Counterclaim filed by Info-Hold, Inc.. (Wood, Daniel)
June 30, 2011 Filing fee for #9 and #10 Motions PHV: $ 400.00, receipt number 100CIN012178 (sct1)
June 30, 2011 Filing fee for #8 Motion PHV: $ 200.00, receipt number 100CIN012179 (sct1)
June 30, 2011 Filing 10 MOTION for Leave to Appear Pro Hac Vice of John Corrado (Filing fee $ 200, receipt number 100CIN012178) by Defendants Muzak Holdings LLC., and Muzak LLC.. (Attachments: #1 Certificate of Good Standing) (Kirsch, Kevin) Modified on 7/4/2011 - To correct party names (tt).
June 30, 2011 Filing 9 MOTION for Leave to Appear Pro Hac Vice of Michael Anderson (Filing fee $ 200, receipt number 100CIN012178) by Defendants Muzak Holdings LLC., and Muzak LLC.. (Attachments: #1 Certificate of Good Standing) (Kirsch, Kevin) Modified on 7/4/2011 - To correct party names (tt).
June 30, 2011 Filing 8 MOTION for Leave to Appear Pro Hac Vice of Barry Bretschneider (Filing fee $ 200, receipt number 100CIN012179) by Defendants Muzak Holdings LLC., and Muzak LLC.. (Attachments: #1 Certificate of Good Standing) (Kirsch, Kevin) Modified on 7/4/2011 - To correct party names (tt).
June 22, 2011 Filing 7 Joint MOTION Correction of Names for Defendants Muzak Holdings LLC and Muzak LLC by Defendants Muzak Holdings, LLC., Muzak, LLC.. (Attachments: #1 Text of Proposed Order) (Bennett, John)
June 17, 2011 Filing 6 Corporate Disclosure Statement by Defendants Muzak, LLC., Mood Media Corporation, Counter Claimants Muzak, LLC., Mood Media Corporation identifying Corporate Parent Mood Media Corporation for Muzak, LLC., Muzak, LLC... (Bennett, John)
June 17, 2011 Filing 5 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Info-Hold, Inc. filed by Muzak LLC., and Muzak Holdings LLC.. (Kirsch, Kevin) Modified on 7/4/2011 - To correct party names (tt).
May 6, 2011 Opinion or Order Filing 4 ORDER TRANSFERRING CASE from the docket of TheHonorable Susan J. Dlott to the docket of The Honorable Michael R. Barrett. Signed by Chief Judge Susan J. Dlott and Judge Michael R. Barrett. (sct1)
May 5, 2011 ***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (sct1)
May 4, 2011 Opinion or Order Filing 3 ORDER REASSIGNING CASE. Case transferred to the Clerk of the U.S. District Court for reassignment. Judge S Arthur Spiegel no longer assigned to case (reassigned to Chief Judge Susan J Dlott). Signed by Judge S Arthur Spiegel on 5/4/2011. (km1)
May 3, 2011 Filing 2 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK re #1 Complaint. (mr)
May 3, 2011 Filing 1 COMPLAINT with JURY DEMAND against All Defendants filed by Info-Hold, Inc. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (mr)
May 3, 2011 Pursuant to Order of General Reference filed on February 23, 2011, Magistrate Judge Judge Karen L. Litkovitz added for purposes of discovery. (mr)
May 3, 2011 Filing fee: $350.00, receipt number 100CIN011593. (mr)

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Search for this case: Info-Hold, Inc. v. Muzak Holdings LLC. et al
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Defendant: Muzak LLC
Represented By: Bridget Springer McCabe
Represented By: John Francis Bennett
Represented By: Michael E. Anderson
Represented By: Robert Thomas Razzano
Represented By: M Scott McIntyre
Represented By: John P. Corrado
Represented By: Barry E. Bretschneider
Represented By: Kevin W Kirsch
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Defendant: Muzak Holdings LLC
Represented By: Bridget Springer McCabe
Represented By: John Francis Bennett
Represented By: Michael E. Anderson
Represented By: M Scott McIntyre
Represented By: John P. Corrado
Represented By: Barry E. Bretschneider
Represented By: Kevin W Kirsch
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Plaintiff: Info-Hold, Inc.
Represented By: Daniel Joseph Wood
Represented By: Christopher M Alexander
Represented By: Melancthon W Chatfield
Represented By: James Kwak
Represented By: David C Wagner
Represented By: Melissa Anne Rogers
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