FLIR Systems, Inc. v. Gambaro et al
Case Number: 3:2010cv00231
Filed: March 1, 2010
Court: US District Court for the District of Oregon
Office: Portland Office
Presiding Judge: Anna J. Brown
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 102 Invalidity and Nonenforceability of U.S. Patent
Jury Demanded By: Plaintiff
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Date Filed Document Text
December 20, 2011 Opinion or Order Filing 241 Order. The Court approves the Default Judgment 239 , which the Court will sign and enter contemporaneously with this Order. The Court does not approve Flir's Alternative Proposed Form of Order 240 for Default Judgment and Injunctive Relief. The Court denies Flir's Motion 228 and Supplemental Motion 233 for Order Enjoining Defendant Gambaro from Contacting Persons Associated with Flir at this time. The Court does not approve Flir's Proposed Forms of Order 232 , 236 Enjoining Defendant Gambaro from Contacting Persons Associated with Flir. Signed on 12/20/2011 by Judge Anna J. Brown. See 6 page Order for full text. (bb)
December 6, 2011 Opinion or Order Filing 224 ORDER: Defendant Gambaros Motion 215 for a New Trial is DENIED; Gambaro's U.S.P. 5,332,332 and U.S.D. 405,071 Counterclaims 218 are STRICKEN; Gambaro's Gravity Does Not Operate in the District Courtroom of Judge Anna J. Brown [22 3] is STRICKEN; Plaintiff Flir's Motion 221 for Voluntary Dismissal without Prejudice of Certain Claims is GRANTED. Flir shall submit a new form of Default Judgment by 12/16/2011. The Court DIRECTS the Clerk of Court to not accept any further pleadings or other filings by Defendant Gambaro in this matter until further order of this Court or the Federal Circuit. (See 6 page Order). Signed on 12/6/2011 by Judge Anna J. Brown. *Copy of Order mailed this date to Defendant Gambaro* (sm).
September 15, 2011 Opinion or Order Filing 212 Order by Judge Anna J. Brown. The Court takes Flirs Motion 191 for Default Judgment and the Courts Supplemental Order 194 to Show Cause under advisement as of September 13, 2011. The Court orders the parties not to make any additional filings until the Court has resolved these pending matters. See attached Order for full text. Copy of Order mailed to Defendant Gambaro on 09/15/2011. (bb)
August 1, 2011 Opinion or Order Filing 173 Order by Judge Anna J. Brown regarding Motion for Protective Order 160 .Order to Show Cause Hearing is SET for 8/19/2011 at 10:00 AM before Judge Anna J. Brown in Courtroom 14A. Gambaro may file any documents in support of his position for the Show Cause hearing no later than August 10, 2011, and Flir may file any response no later than August 15, 2011. See 3 page Order for full text. (bb)
July 13, 2011 Opinion or Order Filing 168 Order. The Court strikes Gambaro's Video Declaration 167 , and Plaintiff need not respond to it. Signed on 07/12/2011 by Judge Anna J. Brown. See 6 page Order for full text. Copy of this Order mailed to Defendant Gambaro on 7/13/2011. (bb)
May 23, 2011 Opinion or Order Filing 133 Order. Final Form of Amended Answer by Gambaro to Flir's Amended Complaint due 6/14/2011. Flir's responsive pleading due 06/23/2011. Answer by MKC to Flir's Amended Complaint due 06/14/2011. Flir's responsive pleading due 06/23/20 11. The Court stays all discovery as to damages issues. The Court sets the following schedule for the completion of liability discovery and for resolution of the issues of liability and validity of the '322 patent only. Liability discovery shall be completed by 09/01/2011. Flir's motion for summary judgment due 10/17/2011; Defendants' separate responses due 11/10/2011; Flir's separate reply due 11/27/2011; Defendants' separate cross-motions for summary judgment due 11/10/2011; and Flir's separate response due 12/4/2011; Defendants' separate replies are due 12/21/2011. Joint Status reports due 07/15/2011 and 08/15/2011. Signed on 05/23/2011 by Judge Anna J. Brown. See 9 page Order for full text. (bb)
April 18, 2011 Opinion or Order Filing 129 ORDER: The Court DENIES Defendant MKC's Motion 82 to Dismiss or, in the Alternative, For Summary Judgment. The Court also DENIES MKC's alternative request for the Court to stay this matter as to Flir's claims against MKC, bu t grants MKC leave to raise these arguments at an appropriate time after discovery is completed. The Court GRANTS Plaintiff Flir's Motion 86 for Partial Summary Judgment and precludes Gambaro and MKC from relitigating in this action the relev ant claim constructions from the Prior Action. Plaintiff shall provide Defendants with a proposed plan no later than 4/26/2011; defendants shall provide Plaintiff's counsel no later than 5/6/2011, their proposed case-management plan. Plaintiff&# 039;s counsel then shall provide the Court with a summary of the proposals no later than 5/13/2011, after which the Court will set a scheduling conference. See 23 page Opinion and Order for full text. Signed on 04/18/2011 by Judge Anna J. Brown. (bb)
January 12, 2011 Opinion or Order Filing 119 Order. The Court GRANTS in part and DENIES in part Defendant Gambaro's Motion 66 for Court Order to Grant Unsealing of Protective Order Documents and Motion 80 to Accelerate Unsealing of Protective Order Documents as stated in the attached Order. See attached Order for full text. Signed on 01/12/2011 by Judge Anna J. Brown. (bb)
July 30, 2010 Opinion or Order Filing 69 Minute Order by Judge Anna J. Brown. Court DENIED Defendant Gambaro's Motion 67 for Substitution of PEC NDA for FLIR Protective Order. Plaintiff's shall submit to the Court no later than 08/06/2010, a new form of protective order. Court DEFERRED resolution of Defendant Gambaro's Motion 66 for Court Order to Grant Unsealing of Protective Order Documents until James Buchal has filed a Notice of Appearance and Plaintiff has had an opportunity to respond. Court confirms the parties are not to file any additional motions until after the Rule 16 conference, which the Court will schedule after 08/13/2010. See attached Minute Order. (bb)
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