Procter & Gamble Company v. CAO Group, Inc.
| Procter & Gamble Company |
| CAO Group, Inc. |
| 1:2013cv00337 |
| May 20, 2013 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Timothy S Black |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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| PLRA Partial Filing fee: $ 8.00, receipt number 100CIN027747 (eh) |
Filing 79
STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Timothy S. Black on 12/16/2014. (mr1)
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| Filing 78 STIPULATION AND PROPOSED ORDER OF DISMISSAL by Plaintiff Procter & Gamble Company, Defendant CAO Group, Inc. (Maiorana, David) Modified docket text and to include defendant as filer on 12/16/2014 (eh1). |
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Filing 77
ORDER GRANTING DEFENDANT'S MOTION TO STAY PENDING INTER PARTES REVIEW (Doc. #70 ). Signed by Judge Timothy S. Black on 7/21/2014. (mr1)
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| Filing 76 REPLY to Response to Motion re #66 MOTION for Summary Judgment on CAO Group, Inc.'s Fourth and Fifth Affirmative Defenses and Third Through Sixth Counterclaims filed by Plaintiff Procter & Gamble Company. (Maiorana, David) |
| Notice re: 75 Reply to Response to Motion. At counsel's request and per the Protective Order, the entry at 75 has been sealed. No further action required. (mr1) |
| Filing 74 RESPONSE in Opposition re #66 MOTION for Summary Judgment filed by Counter Claimant CAO Group, Inc., Defendant CAO Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Whitaker, Glenn) |
| Filing 73 REPLY to Response to Motion re #69 MOTION for Reconsideration re #61 Order on Motion for Partial Summary Judgment, #62 Order filed by Defendant CAO Group, Inc.. (Whitaker, Glenn) |
| Filing 72 RESPONSE in Opposition re #70 MOTION to Stay Pending Inter Partes Review filed by Plaintiff Procter & Gamble Company. (Attachments: #1 Exhibit 1 - IPR2014-00796 Notice of filing date (5-29-14), #2 Exhibit 2 - IPR2014-00796 Order (6-17-14), #3 Exhibit 3 - Unpublished cases, #4 Exhibit 4 - Cases cited by CAO) (Maiorana, David) |
| Filing 71 RESPONSE in Opposition re #69 MOTION for Reconsideration re #61 Order on Motion for Partial Summary Judgment, #62 Order filed by Plaintiff Procter & Gamble Company. (Maiorana, David) |
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NOTATION ORDER: The Court sua sponte expedites briefing on Defendant's motion to stay (Doc. #70 ): memorandum contra 7/3/14; reply memorandum 7/8/14. IT IS SO ORDERED by Judge Timothy S. Black on 6/26/2014. (mr1)
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| Filing 70 MOTION to Stay Pending Inter Partes Review by Defendant CAO Group, Inc.. (Attachments: #1 Declaration in Supp) (Whitaker, Glenn) |
| Filing 69 MOTION for Reconsideration re #61 Order on Motion for Partial Summary Judgment, #62 Order by Counter Claimant CAO Group, Inc., Defendant CAO Group, Inc.. (Whitaker, Glenn) |
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NOTATION ORDER: This civil action is before the Court on Plaintiff's unopposed motion for leave to amend its infringement contentions. (Doc. 65). For good cause shown, Plaintiff's motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 6/16/2014. (mr1)
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| Filing 67 NOTICE of Filing Exhibit B 68 Under Seal re #66 MOTION for Summary Judgment by Plaintiff Procter & Gamble Company (Maiorana, David) Modified to create link and edit text for detail on 6/18/2014 (mr1). |
| Filing 66 MOTION for Summary Judgment by Plaintiff Procter & Gamble Company. Responses due by 7/10/2014 (Attachments: #1 Memorandum in Support, #2 Exhibit A - Proposed Undisputed Facts, #3 Exhibit B - CAO Interrogatory Response (filed under seal), #4 Exhibit C - Cataxinos Letter, #5 Exhibit D - PG's Infringement Contentions) (Maiorana, David) |
| Filing 64 NOTICE by Plaintiff Procter & Gamble Company Regarding the Filing Under Seal of Its Motion for Leave to Amend Its Infringement Contentions (Maiorana, David) |
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Filing 63
AMENDED SCHEDULING ORDER: Expert reports on issues for the party bearing the burden of proof pursuant to S.D. Ohio Pat. R. 106.1(a) by August 8, 2014. Expert reports on issues for the party not bearing the burden of proof pursuant to S.D. Ohio Pat. R. 106.1(b) by September 8, 2014. Rebuttal expert reports pursuant to S.D. Ohio Pat. R. 106.1(c) by September 22, 2014. Expert depositions pursuant to S.D. Ohio Pat. R. 106.2: completed between 14 and 60days after the rebuttal expert reports are served. The parties shall complete fact discovery by October 1, 2014. Motions for summary judgment1 must be filed by December 24, 2014. The Court shall hold a status conference by telephone on January 23, 2015 at 10:00 a.m. The Court shall conduct the Final Pretrial Conference on April 20, 2015 at 10:00 a.m. in Cincinnati Chambers, Room 815. The trial shall commence on April 27, 2015 at 9:30 a.m. in Cincinnati Courtroom836. Signed by Judge Timothy S. Black on 6/6/2014. (mr1)
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| Minute Entry and Notation Order: This civil action came on before the Court for an informal discovery dispute conference by telephone on 6/5/14 at 3:00 p.m. Attorneys David Maiorana, John Evans, Kenneth Luchesi, Edgar Cataxinos, Eric Richardson, Jeffrey Gunn, and Patrick Hagan participated. The Court resolves the pending issues as follows: (1) in the interests of judicial economy, the parties are prohibited from conducting discovery as to Plaintiff's unasserted infringement contentions and Defendant's corresponding invalidity contentions; (2) Defendant shall file a motion to reconsider the Orders on claim construction (Doc. #62 ) and indefiniteness (Doc. #61 ) by 6/19/14; memorandum contra by 6/30; reply memorandum by 7/3/14; (3) P&G shall seek leave to narrow the asserted claims and withdraw its infringement contentions regarding claims 6-7 and 9 of the '569 and '811 patents forthwith; (4) P&G shall file a motion for partial summary judgment on CAO's inequitable conduct and related antitrust claims forthwith, so that discovery is properly focused; and (5) an amended calendar will issue by separate Order. IT IS SO ORDERED. (mr1) |
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NOTATION ORDER: Pursuant to Local Rule 37.1 and at Plaintiff's request, this case is set for an informal discovery dispute conference by telephone on 6/5/14 at 3:00 p.m. COUNSEL SHALL CALL 1-888-684-8852 and use the following codes: Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Prior to the conference, by 6/4/14 at 12:00 p.m., counsel for Plaintiff and counsel for Defendant shall each email to chambers (black_chambers@ohsd.uscourts.gov) and to each other a 1-2 page explanation of the dispute. IT IS SO ORDERED by Judge Timothy S. Black on 6/2/2014. (mr1)
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Filing 62
ORDER ON CLAIM CONSTRUCTION. Signed by Judge Timothy S. Black on 5/21/2014. (mr1)
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Filing 61
ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. #47 ). Signed by Judge Timothy S. Black on 5/21/2014. (mr1)
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| Filing 60 NOTICE by Plaintiff Procter & Gamble Company of Filing of The Procter & Gamble Company's Claim Construction Presentation (Attachments: #1 Markman Presentation) (Maiorana, David) |
| Minute Entry: This civil action came before the Court for a Markman Hearing and oral argument on the Motion for Partial Summary Judgment on 5/7/2014 at 10:30 a.m. Attorneys for Plaintiff: David Mairoana, John Evans and Kenneth Luchesi participated together with Plaintiff Procter & Gamble representatives Paul Sagel, David Weirich, and Mina Stricklin. Attorneys for Defendant: Edgar Cataxinos, Jeff Gunn, and Patrick Hagan participated together with Defendant CAO Group Inc.'s general counsel Terry Jones. The Court took the matter under advisement. (Court Reporter Jodie Perkins (Official).) (mr1) |
| Filing 58 *** Public/Redacted Version *** REPLY to Response to Motion re #47 MOTION for Partial Summary Judgment of Invalidity for Indefiniteness (Redacted) filed by Defendant CAO Group, Inc.. (Whitaker, Glenn) Modified text for detail on 5/13/2014 (mr1). |
| Filing 57 NOTICE of Manual Filing of Reply Brief 59 re Motion for Partial Summary Judgment of Invalidity for Indefiniteness #47 by Defendant CAO Group, Inc. (Whitaker, Glenn) Modified text for clarity on 5/6/2014 (mr1). |
| Filing 56 *** Public/Redacted Version *** Reply Claim Construction BRIEF re #46 Brief, by Defendant CAO Group, Inc.. (Attachments: #1 Exhibit A - Under Seal, #2 Exhibit B - Declaration, #3 Exhibit B1 - Exs A - D to Dec, #4 Exhibit C - Under Seal, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Whitaker, Glenn) Modified docket text on 5/5/2014 (eh1). Modified on 5/13/2014 (mr1). |
| Filing 53 BRIEF by Plaintiff Procter & Gamble Company. (Attachments: #1 Exhibit 11 - CAO0002157, #2 Exhibit 12 - US Pub 2011-0111373, #3 Exhibit 13 - USSN 12-944,937 - 2012-04-25 Office Action, #4 Exhibit 14 - US Pub 2002-0146666, #5 Exhibit 15 - USSN 12-944,937 - 2012-10-25 Response to Office Action, #6 Exhibit 16 - Jensen article) (Maiorana, David) |
| Filing 52 NOTICE of Filing Under Seal - Exhibit 11 54 to Procter & Gamble Company's Responsive Claim Construction Brief 53 by Plaintiff Procter & Gamble Company (Maiorana, David) Modified text for clarity and to create links on 5/6/2014 (mr1). |
| Filing 51 NOTICE of Manual Filing of Reply Claim Construction Brief 55 re #46 Brief by Defendant CAO Group, Inc. (Whitaker, Glenn) Modified text for clarity and to create links on 5/6/2014 (mr1). |
| Filing 50 RESPONSE in Opposition re #47 MOTION for Partial Summary Judgment of Invalidity for Indefiniteness filed by Plaintiff Procter & Gamble Company. (Attachments: #1 Exhibit 1 - FingerTPS Advanced Hand, #2 Exhibit 2 - Jensen article, #3 Exhibit 3 - Honkonen Report, #4 Exhibit 4 - 2014-03-04 Hughes ftp email to Whitaker et al, #5 Exhibit 5 - US Pub 2011-0111373, #6 Exhibit 6 - SheerWhite, #7 Exhibit 7 - Blotter deposition excerpt, #8 Exhibit 8 - Conceptual Physics, #9 Exhibit 9 - PG's response to CAO's proposed statement of undisputed facts) (Maiorana, David) |
| NOTICE of Hearing: The Markman Hearing set for 5/7/2014 HAS A TIME CHANGE to 10:30 a.m. and a COURTROOM CHANGE to Cincinnati Courtroom 7, Room 117 before Judge Timothy S. Black. (mr1) |
| Minute Entry and Notation Order: This civil action came on before the Court for a status conference by telephone on 4/14/14 at 3:00 p.m. Attorneys David Maiorana, Susan Gerber, John Evans, Edgar Cataxinos, Jeffrey Gunn, and Patrick Hagan participated. The parties represented that they would require 2 hours per side for oral argument on claim construction and will argue term by term. Neither party shall present live expert testimony. The Court shall permit additional time for argument on the pending motion for partial summary judgment. (Doc. 47). Defendant agreed to file its reply memorandum regarding the same on or before 5/6/14 at noon. Additionally, the Court amends the scheduling order (Doc. 21) as follows -- Expert reports on issues for the party bearing the burden of proof pursuant to S.D. Ohio Pat. R. 106(a): 30 days after the claim construction decision. IT IS SO ORDERED. (mr1) |
| Filing 48 BRIEF by Plaintiff Procter & Gamble Company. (Attachments: #1 Exhibit 1 - Sagel Crest News, #2 Exhibit 2 - Crest 3D Awards, #3 Exhibit 3 - 2012 Edison Award, #4 Exhibit 4 - Glassett Deposition Excerpts, #5 Exhibit 5 - Sheer White Paper, #6 Exhibit 6 - Mechanical Behavior of Materials, #7 Exhibit 7 - Finger TPC Advanced Hand, #8 Exhibit 8 - Atwood Deposition Excerpts, #9 Exhibit 9 - Blotter deposition Excerpts, #10 Exhibit 10 - Conceptual Physics) (Maiorana, David) |
| Filing 47 MOTION for Partial Summary Judgment of Invalidity for Indefiniteness by Defendant CAO Group, Inc.. Responses due by 4/24/2014 (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) (Whitaker, Glenn) |
| Filing 46 BRIEF by Defendant CAO Group, Inc.. (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, #10 Exhibit J, #11 Exhibit K) (Whitaker, Glenn) |
| Filing 45 NOTICE of Filing Under Seal - Confidential Joint Appendix of Intrinsic Record 49 Filed in Connection with the Parties' Claim Construction Briefs by Plaintiff Procter & Gamble Company (Maiorana, David) Modified text for clarity and to create links on 5/6/2014 (mr1). |
| Filing 44 NOTICE of Filing Joint Appendix of Intrinsic Record in Connection with Parties' Claim Construction Briefs (Docs #46 , #48 by Plaintiff Procter & Gamble Company (Attachments: #1 Appendix Vol. 1 (0001-0726) (Part 1 of 4), #2 Appendix Vol 1 (0001-0726) (Part 2 of 4), #3 Appendix Vol. 1 (0001-0726) (Part 3 of 4), #4 Appendix Vol. 1 (0001-0726) (Part 4 of 4), #5 Appendix Vol. 2 (0727-1468) (Part 1 of 5), #6 Appendix Vol 2 (0727-1468) (Part 2 of 5), #7 Appendix Vol. 2 (0727-1468) (Part 3 of 5), #8 Appendix Vol. 2 (0727-1468) (Part 4 of 5), #9 Appendix Vol. 2 (0727-1468) (Part 5 of 5), #10 Appendix Vol. 3 (1469-2182) (Part 1 of 4), #11 Appendix Vol. 3 (1469-2182) (Part 2 of 4), #12 Appendix Vol. 3 (1469-2182) (Part 3 of 4), #13 Appendix 3 (1469-2182) (Part 4 of 4), #14 Appendix Vol. 4 (2183-2632) (Part 1 of 6), #15 Appendix Vol. 4 (2183-2632) (Part 2 of 6), #16 Appendix Vol. 4 (2183-2632) (Part 3 of 6), #17 Appendix Vol. 4 (2183-2632) (Part 4 of 6), #18 Appendix Vol. 4 (2183-2632) (Part 5 of 6), #19 Appendix Vol. 4 (2183-2632) (Part 6 of 6), #20 Appendix Vol. 5 (2633-3080) (Part 1 of 5), #21 Appendix Vol. 5 (2633-3080) (Part 2 of 5), #22 Appendix Vol. 5 (2633-3080) (Part 3 of 5), #23 Appendix Vol. 5 (2633-3080) (Part 4 of 5), #24 Appendix Vol. 5 (2633-3080) (Part 5 of 5)) (Maiorana, David) Modified text for clarity and to create links on 5/6/2014 (mr1). |
| Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1 and at the request of the parties, this civil action came on before the Court for an informal discovery dispute conference by telephone on 3/3/14 at 12:30 p.m. Attorneys David Maiorana, Kenneth Luchesi, Susan Gerber, Patrick Hagan, Edgar Cataxinos, and Jeffrey Gunn participated. CAO agreed to withdraw its outstanding Request for Production of Documents. The parties agreed to work cooperatively to identify the 20 most relevant custodians and 10 most relevant search terms for an electronic email production. Should CAO require additional electronic email discovery, it shall contact the Court. The Court will determine whether additional email discovery is necessary and/or whether cost shifting is required. IT IS SO ORDERED. (mr1) |
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NOTATION ORDER: Pursuant to S.D. Ohio Civ. R. 37.1 and at the request of the parties, this civil action is set for an informal discovery dispute conference by telephone on 3/3/14 at 12:30 p.m. Counsel shall submit a 1-2 page letter (black_chambers@ohsd.uscourts.gov), copy opposing counsel, explaining the dispute by 2/28/2014. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED by Judge Timothy S. Black on 2/26/2014. (mr1)
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| NOTICE of Hearing: The Markman Hearing set for 5/6/2014 is VACATED and RESCHEDULED for 5/7/2014 at 10:00 a.m. in Cincinnati Courtroom 3, Room 836 before Judge Timothy S. Black. (mr1) |
| Filing 43 NOTICE of Appearance by John C. Evans for Plaintiff Procter & Gamble Company (Evans, John) |
| Minute Entry and Notation Order: This civil action came on before the Court for a status conference by telephone on 1/23/14 at 1:15 p.m. Attorneys David Maiorana, Kenneth Luchesi, Edgar Cataxinos, Jeffrey Gunn, and Patrick Hagan participated. The parties represented that they would abide by this Court's guidance as articulated in the 1/21/14 Notation Order. Additionally, as to the outstanding "testing" issue, the parties agreed that one testing document related to a third party would be produced with the designation "Outside Attorneys Eyes Only." The parties represented that there are no outstanding discovery issues. IT IS SO ORDERED. (mr1) |
| Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1, this civil action came on before the Court for an informal discovery dispute conference by telephone on 1/21/14 at 10:00 a.m. Attorneys David Maiorana, Susan Gerber, Edgar Cataxinos, Jeffrey Gunn, and Patrick Hagan participated. Upon review of the Joint Claim Construction Statement, the parties' letters, and oral argument, the Court found that: (1) the parties shall disclose claim construction testimony in two phases as proposed by the Plaintiff; and (2) the 30(b)(6) witnesses shall not be treated as separate witnesses or count against the deposition limit. Counsel agreed to confer in attempt to resolve the remaining "testing" issue. With respect to the "testing" issue, this Court is focused not on whether Defendant intends to rely on the allegedly privileged testing documents, but whether these documents are relevant to the claim construction issues. This civil action is set for an additional status conference by telephone on 1/23/2014 at 1:15 p.m. (note new time). COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (mr1) |
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Notation Order: Pursuant to Local Rule 37.1, this case is set for an informal discovery dispute conference by telephone on 1/21/2014 at 10:00 a.m. COUNSEL SHALL CALL 1-888-684-8852 and use the following codes: Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. To the extent the parties feel it would be helpful to expand upon the discovery issues identified in the Joint Claim Construction and Prehearing Statement, they may submit an informal 1-2 page letter to chambers email on or before 1/17/14 (black_chambers@ohsd.uscourts.gov). IT IS SO ORDERED by Judge Timothy S. Black on 1/14/2014. (mr1)
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| Filing 42 Joint Claim Construction and Prehearing Statement Pursuant to S.D. Ohio Pat. R. 105.2(d) by Plaintiff Procter & Gamble Company and Defendant CAO Group, Inc. (Attachments: #1 Exhibit A - Proposed Claim Construction Chart) (Maiorana, David) Modified docket text on 1/14/2014 (eh1). |
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Filing 41
ORDER DENYING PLAINTIFF'S MOTION TO BIFURCATE (Doc. #36 ). Signed by Judge Timothy S. Black on 11/18/2013. (mr1)
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| Filing 40 NOTICE by Defendant CAO Group, Inc. Joint Notice of Compliance with Local Patent Rule 104.1 (Whitaker, Glenn) |
| Filing 39 REPLY to Response to Motion re #36 MOTION to Bifurcate and Stay Defendant CAO Group's Fifth Affirmative Defense and Fourth Through Sixth Counterclaims filed by Plaintiff Procter & Gamble Company. (Maiorana, David) |
| Filing 38 RESPONSE in Opposition re #36 MOTION to Bifurcate and Stay Defendant CAO Group's Fifth Affirmative Defense and Fourth Through Sixth Counterclaims filed by Counter Claimant CAO Group, Inc., Defendant CAO Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Whitaker, Glenn) |
| Filing 37 ANSWER to #14 Counterclaim filed by Procter & Gamble Company. (Maiorana, David) Modified to clarify text on 10/9/2013 (tt). |
| Filing 36 MOTION to Bifurcate and Stay Defendant CAO Group's Fifth Affirmative Defense and Fourth Through Sixth Counterclaims by Plaintiff Procter & Gamble Company. (Maiorana, David) |
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Filing 35
ORDER DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S FOURTH AFFIRMATIVE DEFENSEAND THIRD THROUGH SIXTH COUNTERCLAIMS (Doc. #18 ). Signed by Judge Timothy S. Black on 9/24/2013. (mr1)
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| Filing 34 Supplemental Memorandum Supporting re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant CAO Group's Fourth Affirmative Defense and Third Through Sixth Counterclaims filed by Plaintiff Procter & Gamble Company. (Maiorana, David) |
| Filing 33 MOTION for Leave to File Rejoinder in Support of Its Motion to Dismiss Defendant's Fourth Affirmative Defense and Third Through Sixth Counterclaims Pursuant to Rule 12(b)(6) for Failure to State a Claim by Plaintiff Procter & Gamble Company. (Attachments: #1 Exhibit A - The Procter & Gamble Company's Rejoinder in Support of Motion to Dismiss) (Maiorana, David) |
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NOTATION ORDER: This civil action is before the Court on Plaintiff's motion for leave to file a rejoinder. (Doc. #33 ). Plaintiff's motion is hereby GRANTED. Plaintiff shall file the rejoinder forthwith. Briefing on the motion to dismiss is complete. No further motions will be permitted. IT IS SO ORDERED by Judge Timothy S. Black on 9/17/2013. (mr1)
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| Filing 32 Supplemental Memorandum Opposing re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant CAO Group's Fourth Affirmative Defense and Third Through Sixth Counterclaims filed by Counter Claimant CAO Group, Inc., Defendant CAO Group, Inc.. (Whitaker, Glenn) |
| Filing 31 MOTION for Leave to File Sur-Reply Memorandum in Opp to Plaintiff's Motion to Dismiss or in the Alternative Motion to Strike by Defendant CAO Group, Inc.. (Attachments: #1 Proposed Sur-Reply) (Whitaker, Glenn) |
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Notation Order: This civil action is before the Court on Defendant's #31 motion for leave to file a sur-reply. For good cause shown, Defendant's motion is hereby GRANTED. Defendant shall file the sur-reply forthwith. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/13/2013. (jlw)
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| Filing 30 REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant CAO Group's Fourth Affirmative Defense and Third Through Sixth Counterclaims filed by Plaintiff Procter & Gamble Company. (Maiorana, David) |
| Filing 29 RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant CAO Group's Fourth Affirmative Defense and Third Through Sixth Counterclaims filed by Defendant CAO Group, Inc.. (Whitaker, Glenn) |
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Filing 28
STIPULATED ORDER ESTABLISHING PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge Timothy S. Black on 8/14/2013. (mr1)
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| Filing 27 Proposed STIPULATED ORDER ESTABLISHING PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Counter Claimant CAO Group, Inc., Plaintiff Procter & Gamble Company. (Maiorana, David) Modified to edit text and note this has been printed for Chambers on 8/13/2013 (mr1). |
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Filing 26
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice of Kenneth S. Luchesi. Signed by Judge Timothy S. Black on 7/31/2013. (mr1)
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Filing 25
PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 7/31/2013. (mr1)
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| Filing 24 Joint MOTION for Protective Order by Counter Claimant CAO Group, Inc., Plaintiff Procter & Gamble Company. (Attachments: #1 Proposed Protective Order) (Maiorana, David) |
| Filing 23 STIPULATION Regarding Service Agreement by Counter Claimant CAO Group, Inc., Plaintiff Procter & Gamble Company. (Maiorana, David) |
| Filing 22 STIPULATION Regarding Experts by Counter Claimant CAO Group, Inc., Plaintiff Procter & Gamble Company. (Maiorana, David) |
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Filing 21
*** VACATED - See Amended Scheduling Order #63 *** SCHEDULING ORDER: Motions Directed at the pleadings: 8/19/2013. Motions to amend or add new parties: 9/16/2013. Parties to file Joint Disputed Claims Terms Chart: 1/13/2014. File Opening Claim Construction Brief: 3/31/2014. Status Conference by telephone: 4/14/2014 at 3:00 p.m. Claim Construction Hearing (Markman): 5/6/2014 at 10:00 a.m. in Cincinnati Courtroom 3, Room 836. Motions for summary judgment: 10/24/2014. Status Conference by telephone: 11/24/2014 at 11:00 a.m. Final Pretrial Conference: 2/13/2015 at 10:00 a.m. in Cincinnati Chambers, Room 815. Trial: 2/23/2015 at 9:30 a.m. in Cincinnati Courtroom 3, Room 836. Signed by Judge Timothy S. Black on 7/30/2013. (mr1) Modified text to reflect status on 6/6/2014 (mr1).
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| Minute Entry: This civil action came on before the Court for a preliminary pretrial conference by telephone on 7/30/13 at 1:30 p.m. Attorneys David Maiorana, Susan Gerber, Edgar Cataxinos, Glenn Whitaker, and Patrick Hagan participated. A calendar will issue by separate Order. The parties and the Court acknowledge that the calendar may well need to be revisited Plaintiff's motion to dismiss some counterclaims ripens and is ruled upon by the Court. (mr1) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice of Kenneth S. Luchesi (Filing fee $ 200, receipt number 0648-4198260) by Plaintiff Procter & Gamble Company. (Attachments: #1 Text of Proposed Order) (Maiorana, David) |
| Filing 19 RULE 26(f) REPORT by Counter Claimant CAO Group, Inc., Plaintiff Procter & Gamble Company. (Maiorana, David) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant CAO Group's Fourth Affirmative Defense and Third Through Sixth Counterclaims re: #14 by Plaintiff Procter & Gamble Company. (Maiorana, David) Modified to create link on 7/23/2013 (mr1). |
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Filing 17
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Edgar R. Cataxinos and J. Jeffrey Gunn. Signed by Judge Timothy S. Black on 7/12/2013. (jlw)
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| Filing 16 MOTION for Leave to Appear Pro Hac Vice of Edgar R. Cataxinos, J. Jeffery Gunn (Filing fee $ 400) by Defendant CAO Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) (Whitaker, Glenn) |
| PHV Filing fee: $ 400.00, receipt number 100cin019320 for Edgar R. Cataxinos and J. Jeffery Gunn. (jlw) |
| Filing 15 Corporate Disclosure Statement by Counter Claimant CAO Group, Inc., Defendant CAO Group, Inc.. (Whitaker, Glenn) |
| Filing 14 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against Procter & Gamble Company filed by CAO Group, Inc.. (Whitaker, Glenn) |
| NOTICE of Hearing: A Preliminary Pretrial Conference is set before Judge Timothy S. Black for 7/30/2013 at 1:30 p.m. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference counsel must comply with the MANDATORY, pre preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. (mr1) |
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Filing 13
ORDER EXTENDING THE TIME FOR DEFENDANT CAO GROUP, INC. TO ANSWER OR OTHERWISE PLEAD - up to and including 7/11/2013. Signed by Judge Timothy S. Black on 6/5/2013. (mr1)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, New date requested 7/11/2013. by Defendant CAO Group, Inc.. (Attachments: #1 Text of Proposed Order) (Whitaker, Glenn) |
| Filing 11 NOTICE of Appearance by Patrick Michael Hagan for Defendant CAO Group, Inc. (Hagan, Patrick) |
| Filing 10 NOTICE of Appearance by Eric Wade Richardson for Defendant CAO Group, Inc. (Richardson, Eric) |
| Filing 9 NOTICE of Appearance by Glenn Virgil Whitaker for Defendant CAO Group, Inc. (Whitaker, Glenn) |
| Filing 8 SUMMONS Returned Executed as to Defendant CAO Group, Inc.. CAO Group, Inc. served on 5/21/2013, answer due 6/11/2013. (Maiorana, David) |
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Filing 7
ORDER REASSIGNING CASE. Case transferred from the docket of The Honorable Susan J. Dlott to the docket of the Honorable Timothy S. Black. Signed by Chief Judge Susan J. Dlott on 5/22/13.(mtw)
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| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (mr1) |
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Filing 6
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 5/21/2013. (km1)
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| Filing 5 REPORT to U.S. Patent and Trademark Office of Filing #1 Complaint re Patent. (mtw) |
| Filing 4 Summons Issued as to CAO Group, Inc. (mtw) |
| Pursuant to General Order of Assignment and Reference filed on February 23, 2011, Magistrate Judge Karen L. Litkovitz added for purposes of discovery. (mtw) |
| Filing 3 NOTICE by Plaintiff The Procter & Gamble Company re #1 Complaint,, Summons for CAO Group, Inc. (Maiorana, David) |
| Filing 2 Corporate Disclosure Statement by Plaintiff The Procter & Gamble Company. (Maiorana, David) |
| Filing 1 COMPLAINT with JURY DEMAND against CAO Group, Inc. ( Filing fee $ 400 paid - receipt number: 0648-4109413), filed by The Procter & Gamble Company. (Attachments: #1 Exhibit A - USP 5,989,569, #2 Exhibit B - USP 6,045,811, #3 Exhibit C - USP 7,122,199, #4 Exhibit D - Sheer White Packaging, #5 Exhibit E - Sheer White Instructions, #6 Exhibit F - Sheer DesenZ Packaging, #7 Exhibit G - Sheer DesenZ Instructions, #8 Exhibit H - Sheer FluorX Packaging, #9 Exhibit I - Sheer FluorX Instructions, #10 Civil Cover Sheet) (Maiorana, David) |
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