E.I. DuPont De Nemours and Company v. Heraeus Materials Technology, LLC et al
E.I. DuPont De Nemours and Company |
Heraeus Materials Technology, LLC, Solarworld Industries America, Inc. and Heraeus Precious Metals North America Conshohocken LLC |
3:2012cv01104 |
June 20, 2012 |
US District Court for the District of Oregon |
Portland (3) Office |
Dennis J Hubel |
Patent |
15 U.S.C. § 1126 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on October 30, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 139 Closing Trademark Report: This report is being submitted pursuant to Title 15 Section 1116(c), which states that it shall be the duty of the clerks of such courts within one month after the filing of any action give notice thereof in writing to the Director setting forth in order so far as known the names and addresses of the litigants and the designating number or numbers of the registration or registrations upon which the action, suit, or proceeding has been brought. (kb) |
Filing 138 ORDER by Magistrate Judge Dennis J. Hubel: The Telephone Status Conference set for 11/1/13 is STRICKEN from the court's calendar, and pending motions are deemed MOOT in light of the Judgment of Dismissal of this action. (kb) |
Filing 137 ORDER AND JUDGMENT OF DISMISSAL WITH PREJUDICE. Signed on 10/30/13 by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 136 Joint Proposed Pretrial Order Lodged . Filed by All Parties. (Blackhurst, Steven) |
Filing 135 Joint Motion to Dismiss . Filed by All Parties. (Blackhurst, Steven) |
Filing 134 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel: At the joint request of the parties, all deadlines in this case are STAYED for a period of 30 days from the date of this order. A Telephone Status Conference is set for November 1, 2013, at 10:00 a.m. The court will place the call. (kb) |
Filing 133 Declaration of Elizabeth M. Roesel in Support of Defendants' Motion for Leave to File Amended Answers, Affirmative Defenses, and Counterclaims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Leave #131 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Blackhurst, Steven) |
Filing 132 Defendants' Memorandum in Support of Motion for Leave to File Amended Answers, Affirmative Defenses, and Counterclaims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Leave #131 .) (Blackhurst, Steven) |
Filing 131 Motion for Leave to File Amended Answers, Affirmative Defenses, and Counterclaims. Filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blackhurst, Steven) |
Filing 130 Order Granting Application for Special Admission Pro Hac Vice of S. Giriraj Pathmanaban for Heraeus Precious Metals North America Conshohocken LLC.Application Fee in amount of $100 collected. Receipt No. 0979-3362427 issued. Signed on 8/7/2013 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 129 Order Granting Application for Special Admission Pro Hac Vice of Michael J. Valaik for E.I. DuPont De Nemours and Company Application Fee in amount of $100 collected. Receipt No. 0979-3339704 issued. Signed on 8/7/2013 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 128 ORDER: Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint for Patent Infringement #107 is DENIED. (see formal order) Signed on 8/7/13 by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 127 ORDER: Heraeus's Motion to Strike DuPont's Reply Brief, or in the Alternative, Unopposed Motion to Sur-Reply #123 is granted in part and denied in part. The motion to strike DuPont's reply brief is denied; the motion to assert a sur-reply is granted. The court will consider Heraeus's sur-reply set forth in its Memorandum #124 . There will be no further filings accepted by the court on this issue. DuPont's request for oral argument, asserted for the first time in its Reply #120 , is denied. The court will rule on DuPont's Motion to Dismiss for Lack of Prosecution #107 without further briefing or argument. Ordered by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 126 Notice of Attorney Withdrawal: Matthew W. Brewer Filed by E.I. DuPont De Nemours and Company (Newman, Devon) |
Filing 125 Declaration of Elizabeth Roesel in Support of Heraeus' Motion to Strike, Or in the Alternative, Unopposed Motion to Sur-Reply. Filed by Heraeus Precious Metals North America Conshohocken LLC. (Related document(s): Motion to Strike #123 .) (Attachments: #1 Exhibit 1) (Blackhurst, Steven) |
Filing 124 Heraeus' Memorandum in Support of Its Motion to Strike DuPont's Reply Brief, Or in the Alternative, Unopposed Motion to Sur-Reply. Filed by Heraeus Precious Metals North America Conshohocken LLC. (Related document(s): Motion to Strike #123 .) (Blackhurst, Steven) |
Filing 123 Motion to Strike Reply to Motion, #120 . Filed by Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 122 Notice of Attorney Withdrawal: Gregory K. Sobolski and Lisa Limor Rabie Filed by Heraeus Precious Metals North America Conshohocken LLC (Blackhurst, Steven) |
Filing 121 Declaration of Adam K. Mortara in Support of Plaintiff DuPont's Reply in Support of Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by E.I. DuPont De Nemours and Company. (Related document(s): Reply to Motion, #120 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Newman, Devon) |
Filing 120 Reply in Support of DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim - to Motion to Dismiss for Lack of Prosecution - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint for Patent Infringement #107 Oral Argument requested. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 119 Motion for Leave to Appear Pro Hac Vice for Attorney S. Giriraj Pathmanaban . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3362427. Filed by Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 118 AMENDED PROTECTIVE ORDER: (Granting Motion to Amend/Correct #113 .) Signed on 7/23/13 by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 117 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel. Signed by Magistrate Judge Dennis J. Hubel on 7/17/13. (see formal order) (kb) |
Filing 116 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on November 8, 2012, before Judge Dennis J. Hubel, Transcriber Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/29/2013. Redaction Request due 8/12/2013. Redacted Transcript Deadline set for 8/22/2013. Release of Transcript Restriction set for 10/18/2013. (Erwin, Jill) |
Filing 115 Response in Opposition to Motion to Dismiss for Lack of Prosecution - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint for Patent Infringement #107 . Filed by Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 114 Memorandum in Support . Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Amend/Correct #113 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Newman, Devon) |
Filing 113 Unopposed Motion to Amend/Correct Stipulated Protective Order. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 112 Motion for Leave to Appear Pro Hac Vice for Attorney Michael J. Valaik . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3339704. Filed by E.I. DuPont De Nemours and Company. (Heuser, Peter) |
Filing 111 Scheduling Order by Magistrate Judge Dennis J. Hubel: Pursuant to the agreement of the parties, the court sets a deadline of July 15, 2013, for the filing of any motion to amend complaint by plaintiff. The setting of a comprehensive case schedule will be addressed after July 15, 2013, depending on whether a motion to amend is filed, and if so, whether it is opposed. (kb) |
Filing 110 Joint Status Report - Joint Rule 16 Submission. Filed by E.I. DuPont De Nemours and Company. (Attachments: #1 Proposed Order) (Newman, Devon) |
Filing 109 Declaration of Devon Zastrow Newman in Support of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss/Lack of Prosecution, #107 .) (Attachments: #1 Exhibit 1) (Newman, Devon) |
Filing 108 Memorandum in Support of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint for Patent Infringement. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss/Lack of Prosecution, #107 .) (Newman, Devon) |
Filing 107 Motion to Dismiss for Lack of Prosecution - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Counterclaim Count IV to DuPont's First Amended Complaint for Patent Infringement. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 106 Scheduling Order by Magistrate Judge Dennis J. Hubel: As set forth in paragraph 7 of the November 14, 2012, Scheduling Order, #52 , the court having denied defendant's motion for summary judgment, the STAY of discovery in this action is lifted, and the parties shall confer and present the court with a proposed scheduling order no later than June 28, 2013. (kb) |
Filing 105 REDACTED TRANSCRIPT OF PROCEEDINGS FILED for date of May 20, 2013 before Judge Dennis J. Hubel, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov Related Documents: #102 Transcript of Proceedings,,. (Apodaca, Dennis) |
Filing 104 ORDER: Defendants motion for summary judgment #73 is denied, without prejudice to the reassertion of their arguments, if appropriate, in any subsequent dispositive motion filed pursuant to the case schedule to be determined in this matter. As a result of this ruling, DuPonts motion for Rule 56(d) discovery #86 is moot. Signed on 6/7/13 by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 103 ORDER: Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim to DuPont's First Amended Complaint for Patent Infringement #82 is denied as to Heraeuss Counterclaim Count III, the IP Theft Counterclaim, and granted as to Heraeuss Counterclaim Count IV, the Patent Infringement Counterclaim. Heraeus will be granted one additional opportunity to plead the Patent Infringement Counterclaim with sufficient particularity to comply with Rule 9(b). Its amended counterclaim must be filed by June 21, 2013. Signed on 6/7/13 by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 102 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on May 20, 2013 before Judge Dennis J. Hubel, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/10/2013. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/5/2013. Release of Transcript Restriction set for 8/30/2013. (Apodaca, Dennis) |
Filing 101 MINUTES of Proceedings: Oral argument held on Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim to DuPont's First Amended Complaint for Patent Infringement #82 , and on Plaintiff's Motion for Additional Discovery Under Rule 56(D) #86 . Plaintiff to provide the court with its additional case citation by end of the day May 20, 2012; defendant to provide the court with its additional case citation by end of the day May 21, 2012. The court will take both motions under advisement as of May 22, 2013. Motion is taken under advisement as of 5/22/2013. Adam Mortara; Matthew Brewer; Devon Newman present as counsel for plaintiff(s). Max Grant; Steven Blackhurst present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Magistrate Judge Dennis J. Hubel presiding. (Related document(s): Motion - Miscellaneous #86 , Motion to Dismiss for Failure to State a Claim, #82 .) (kb) |
Filing 100 Notice by the Clerk's Office: Document #87 and document #88 were received by the Clerk's Office in paper format and stored in the division vault on 5/17/2013, in accordance with Order #97. (eo) |
Filing 99 Declaration of Devon Zastrow Newman in Support of Reply in Support of Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss for Failure to State a Claim, #82 .) (Attachments: #1 Exhibit 1) (Newman, Devon) |
Filing 98 Reply in Support Of to Motion to Dismiss for Failure to State a Claim - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim to DuPont's First Amended Complaint for Patent Infringement #82 oral argument requested. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 97 ORDER by Magistrate Judge Dennis J. Hubel: Defendant Heraeus having advised the court that Plaintiff's Memorandum in Support of Plaintiff DuPont's Motion for Additional Discovery Under Rule 56(d) 87 , and the Declaration of Adam K. Mortara 88 , and specified attachments thereto, were electronically filed contrary to provision 11(i) of the Protective Order, the Clerk is directed to delete the Memorandum 87 , and the Declaration 88 , and all attachments to the declaration, from the court's electronic record. Plaintiff shall re-file the Memorandum, and the Declaration and all attachments thereto, in paper format only, no later than close of business May 17, 2013. (kb) |
Filing 96 MINUTES of Proceedings: Telephone Status Conference held to address paragraph 11(i) of the January 24, 2013, Stipulated Protective Order #65 . ORDER: The Clerk is directed to delete all documents which were electronically filed contrary to provision 11(i) of the Stipulated Protective Order #65 . Heraeus is directed to identify such documents, by title and document number, both to the court (via e-mail to the courtroom deputy) and to plaintiff, by close of business on May 15, 2013. All documents deleted from the court's electronic record must be re-filed by the filing party in paper format only, no later than close of business on May 17, 2013. Plaintiff's oral motion to modify the protective order to allow plaintiff to display electronically, in the courtroom, those documents that are subject to provision 11(i) of the Stipulated Protective Order #65 , is DENIED. Matthew Brewer; Devon Newman present as counsel for plaintiff(s). Elizabeth Roesel; Steven Blackhurst present as counsel for defendant(s).(Court Reporter Dennis Apodaca.) (kb) |
Filing 95 Response in Opposition to Motion to Dismiss for Failure to State a Claim - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim to DuPont's First Amended Complaint for Patent Infringement #82 Oral Argument requested. Filed by Heraeus Precious Metals North America Conshohocken LLC. (Attachments: #1 Exhibit 1) (Blackhurst, Steven) |
Filing 94 Response in Opposition to Motion for Additional Discovery Under Rule 56(D) #86 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 1) (Blackhurst, Steven) |
Filing 93 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The Clerk is directed to correct the docket text only associated with the court's Order #92 dated May 8, 2013. (kb) |
Filing 92 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel - adopting each party's proposed schedule, in part, as follows: Heraeus's response to DuPont's Motion for Additional Discovery Under Rule 56(D) #86 is due May 10, 2013 (as previously ordered). No reply will be filed. Oral argument remains as previously set for May 20, 2013 at 10:00 a.m. (counsel may appear in court, or by phone, as they choose). Heraeus's response to Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim to DuPont's First Amended Complaint for Patent Infringement #82 is due May 13, 2013; DuPont's reply is due May 17, 2013. Oral argument on the motion to dismiss is set for May 20, 2013 at 10:00 a.m. (counsel may appear in court, or by phone, as they choose). The deadlines for DuPont's response to Heraeus's Motion for Summary Judgment #73 , Heraeus's reply in support of its motion, are STAYED, pending the court's ruling on DuPont's Rule 56(d) motion. Modified on 5/8/2013 (kb). |
Filing 91 Scheduling Order by Magistrate Judge Dennis J. Hubel: A Telephone Status Conference is set for May 14, 2013 at 1:30 p.m., to address paragraph 11. (i) of the January 24, 2013, Stipulated Protective Order #65 . No later than noon, May 13, 2013, one attorney for each party shall advise the courtroom deputy, at kathleen_bartholomew@ord.uscourts.gov, of the attorney(s) who will participate in the conference on behalf of their client. The court will place the call. (kb) |
Filing 90 Status Report Regarding Briefing Schedule by E.I. DuPont De Nemours and Company. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 89 Status Report by All Defendants. Filed by All Defendants. (Blackhurst, Steven) |
Filing 88 Declaration of Adam K. Mortara in Support of Plaintiff DuPont's Motion for Additional Discovery Under Rule 56(D). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion - Miscellaneous #86 .) (Newman, Devon) Modified to delete underlying PDF documents according to Order #97 on 5/15/2013 (eo). Document received in accordance with Order #97 and stored in the division vault on 5/17/2013. (eo) |
Filing 87 Memorandum in Support of Plaintiff DuPont's Motion for Additional Discovery Under Rule 56(D). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion - Miscellaneous #86 .) (Newman, Devon) Modified to delete underlying PDF documents according to Order #97 on 5/15/2013 (eo). Document received in accordance with Order #97 and stored in the division vault on 5/17/2013. (eo) |
Filing 86 Motion for Additional Discovery Under Rule 56(D). Oral Argument requested. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 85 ORDER by Magistrate Judge Dennis J. Hubel: Parties shall confer, and file individual status reports no later than May 7, 2013, addressing how the scheduling of DuPont's motion to dismiss should be coordinated with Heraeus's motion for summary judgment, particularly in light of DuPont's anticipated Rule 56(d) motion. (see formal order) (kb) |
Filing 84 Declaration of Matthew W. Brewer in Support of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss for Failure to State a Claim, #82 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Newman, Devon) |
Filing 83 Memorandum in Support of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss for Failure to State a Claim, #82 .) (Newman, Devon) |
Filing 82 Motion to Dismiss for Failure to State a Claim - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim to DuPont's First Amended Complaint for Patent Infringement. Oral Argument requested. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 81 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Conference held on April 26, 2013 before Judge Dennis J. Hubel, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/9/2013. Redaction Request due 5/23/2013. Redacted Transcript Deadline set for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (LeGore, Amanda) |
Filing 80 Transcript Designation and Order Form for the hearing held on 4/26/13 before Judge Hubel. Court Reporter: Amanda Legore. . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Heraeus Precious Metals North America Conshohocken LLC. Transcript is due by 5/31/2013. (Blackhurst, Steven) |
Filing 79 MINUTES of Proceedings: Telephone Status Conference held. Plaintiff's anticipated Rule 56(d) motion is due by 5/3/13; defendants' response is due by 5/10/13; no reply will be filed. Oral argument on the anticipated motion is set for 5/20/13 at 10:00 a.m., by telephone; however, counsel may appear in person, if they choose, but shall notify opposing counsel and the court of that no later than 5/10/13. Adam Mortara; Devon Newman present as counsel for plaintiff(s). Max Grant; Alex Johnson; Steven Blackhurst present as counsel for defendant(s). Court Reporter: Amanda Legore. Magistrate Judge Dennis J. Hubel presiding. (kb) |
Filing 78 Scheduling Order by Magistrate Judge Dennis J. Hubel: A Telephone Status Conference is set for April 26, 2013 at 10:00 a.m. Counsel will be provided call-in instructions for the conference by separate e-mail. (kb) |
Filing 77 Declaration of Richard Stephenson, PhD in Support of Defendants' Motion for Summary Judgment of Non-Infringement. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Summary Judgment #73 .) (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) (Blackhurst, Steven) |
Filing 76 Declaration of Elizabeth M. Roesel in Support of Defendants' Motion for Summary Judgment of Non-Infringement. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Summary Judgment #73 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Blackhurst, Steven) |
Filing 75 Declaration of Christina Kistler in Support of Defendants' Motion for Summary Judgment of Non-Infringement. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Summary Judgment #73 .) (Blackhurst, Steven) |
Filing 74 Memorandum in Support OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Summary Judgment #73 .) (Blackhurst, Steven) |
Filing 73 Motion for Summary Judgment OF NON-INFRINGEMENT. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) ORAL ARGUMENT requested. Filed by All Defendants. (Blackhurst, Steven) |
Filing 72 ORDER by Magistrate Judge Dennis J. Hubel: The parties' joint request for a continuation of the STAY of this action through April 15, 2013, is GRANTED. (kb) |
Filing 71 Joint Status Report . Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 70 Amended Answer to Amended Complaint, #6 Affirmative Defenses and Counterclaims. Filed by Heraeus Precious Metals North America Conshohocken LLC. (Related document(s): Amended Complaint, #6 .) (Blackhurst, Steven) |
Filing 69 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Oral Argument held on January 18, 2013 before Judge Dennis J. Hubel, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/28/2013. Redaction Request due 3/14/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (LeGore, Amanda) Modified on 2/27/2013 to correct hearing date; NEF regenerated (sm). |
Filing 68 Scheduling Order by Magistrate Judge Dennis J. Hubel: The court confirms that in light of the stay of this action, the Telephone Status Conference previously set for March 13, 2013, is STRICKEN from the court's calendar. (kb) |
Filing 67 ORDER by Magistrate Judge Dennis J. Hubel: The court GRANTS the joint request of the parties to STAY this action, and sets a deadline of March 29, 2013, for the filing of a Joint Status Report. (kb) |
Filing 66 FURTHER AMENDED Scheduling Order by Magistrate Judge Dennis J. Hubel. (see formal order) (kb) |
Filing 65 STIPULATED PROTECTIVE ORDER. Signed on 1/24/13 by Magistrate Judge Dennis J. Hubel. (kb) |
Filing 64 ORDER: Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 is GRANTED, without prejudice. Signed on 1/18/13 by Magistrate Judge Dennis J. Hubel. (see formal order) (kb) |
Filing 63 MINUTES of Proceedings: Motion argument held. Parties to confer as directed regarding the court's proposals as to how to proceed with respect to a protective order, and advise the court of their positions on the issue by 4:30 p.m., January 22, 2012. Defendants' Motion for Protective Order #49 is taken under advisement. The court will grant Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 by separate opinion and order. Adam Mortara; Asha Spencer; Devon Newman present as counsel for plaintiff(s). Max Grant; Steven Blackhurst; Alexander Johnson present as counsel for defendant(s). Court Reporter: Amanda Legore. Magistrate Judge Dennis J. Hubel presiding. (kb) |
Filing 62 Response - Plaintiff DuPont's Response to Defendants' Supplemental Submission in Support of Defendants' Motion for Entry of Protective Order. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Supplement, #61 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Newman, Devon) |
Filing 61 Supplement al Submission in Support of Defendants' Motion for Entry of Protective Order. Filed by All Defendants. (Related document(s): Motion for Protective Order #49 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Blackhurst, Steven) |
Filing 60 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel: The parties having advised the court that they have resolved most of the issues in dispute with respect to Defendants' Motion for Protective Order #49 , the evidentiary hearing set on the motion for January 18, 2013 is VACATED. Oral argument on Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 remains as previously set for January 18, 2013 at 10:30 a.m., and the court will take up any remaining issues with respect to the proposed protective order at that time. The proceeding will now be held by telephone; the court will place the call. (kb) |
Filing 59 AMENDED SCHEDULING ORDER signed by Magistrate Judge Dennis J. Hubel on 12/20/12. (kb) |
Filing 58 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel: An evidentiary hearing on Defendants' Motion for Protective Order #49 is set for January 18, 2013 at 10:30 a.m., in Courtroom #9B, to be followed by brief oral argument on Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 . The Telephone Status Conference currently set for January 9, 2013, is STRICKEN from the court's calendar. (kb) |
Filing 57 Amended Joint Proposed Pretrial Order Lodged . Filed by All Parties. (Attachments: #1 Exhibit A) (Blackhurst, Steven) |
Filing 56 Declaration of Asha L.I. Spencer in Support of Plaintiff DuPont's Opposition to Defendant Heraeus's Motion for Entry of Protective Order. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Response in Opposition to Motion, #55 .) (Newman, Devon) |
Filing 55 Response in Opposition - Plaintiff du Pont's Opposition to Defendants' Motion for Entry of Protective Order to Motion for Protective Order #49 Oral Argument requested. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 54 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel: The court has determined that an in-court evidentiary hearing on Defendants' Motion for Protective Order #49 is required. Therefore, the court STRIKES the motion argument currently set for November 26, 2012 in its entirety. A new hearing date will be set by separate order. Parties are advised that the court will consider, among other things, testimony from Justin Miller and Jack Simms regarding their relationship to the plaintiff, and the scope of their duties and responsibilities. See Brown Bag Software v. Symantec Corp., 960 F.2d 1465 (9th Cir. 1992); Santella v. Grizzly Industries, Inc., slip op., 2012 WL 5399970 (D. Or. Nov. 5, 2012) (Simon, J.)." Oral argument on Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 will also be reset to the new hearing date. (kb) |
Filing 53 SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel: The court will hear brief oral argument on Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 at the telephone hearing already set for November 26, 2012, at 9:00 a.m. (kb) |
Filing 52 SCHEDULING ORDER. (see formal order) Signed by Magistrate Judge Dennis J. Hubel 11/14/12. (kb) |
Filing 51 Declaration of Frederick Salek In Support of Defendants' Motion for Entry of Protective Order. Filed by All Defendants. (Related document(s): Motion for Protective Order #49 .) (Blackhurst, Steven) |
Filing 50 Memorandum in Support of Defendants' Motion for Entry of Protective Order. Filed by All Defendants. (Related document(s): Motion for Protective Order #49 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Blackhurst, Steven) |
Filing 49 Motion for Protective Order . Oral Argument requested. Filed by All Defendants. (Blackhurst, Steven) |
Filing 48 Declaration of Asha L.I. Spencer . Filed by E.I. DuPont De Nemours and Company. (Related document(s): Reply to Motion, #47 .) (Attachments: #1 Exhibit 1) (Heuser, Peter) |
Filing 47 Reply to Motion to Dismiss for Failure to State a Claim - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 Oral Argument requested. Filed by E.I. DuPont De Nemours and Company. (Heuser, Peter) |
Filing 46 MINUTES of Proceedings: Rule 16 Conference held. A separate order setting forth a case schedule will be entered. Adam Mortara; Asha Spencer; Peter Heuser present as counsel for plaintiff(s). Alexander Johnson; Max Grant; Steven Blackhurst present as counsel for defendant(s). Court Reporter: KB/FTR. Magistrate Judge Dennis J. Hubel presiding. (kb) |
Filing 45 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (cib) |
Filing 44 Stipulation - Joint Proposed Rule 16 Scheduling Order by E.I. DuPont De Nemours and Company. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 43 Declaration of Elizabeth M. Roesel in Support of Heraeus' Opposition to Plaintiff's Motion to Dismiss. Filed by Heraeus Precious Metals North America Conshohocken LLC. (Related document(s): Motion to Dismiss for Failure to State a Claim #37 .) (Attachments: #1 Exhibit 1) (Blackhurst, Steven) |
Filing 42 Response in Opposition to Motion to Dismiss for Failure to State a Claim - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 . Filed by Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 41 ORDER by Magistrate Judge Dennis J. Hubel: On October 10, 2012, the Court entered an order setting a Rule 16 Conference for November 8, 2012 at 10:30 a.m., and referred the parties to Local Rules 16.2(b) and 26.1 regarding the requirement that counsel conduct an initial conference for discovery planning. Counsel for the parties in this action are ORDERED to confer prior to the November 8, 2012, Rule 16 Conference, in compliance with FCRP 26(f), and to address in particular those specific items, #1-6, set forth in the Court's Order of October 10, 2012 (document #36), notwithstanding the pendency of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim #37 . (kb) |
Filing 40 Answer to Answer to Amended Complaint, Counterclaim #34 - Plaintiff DuPont's Answers to Defendant SolarWorld's Counterclaims. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Answer to Amended Complaint, Counterclaim #34 .) (Heuser, Peter) |
Filing 39 Declaration of Matthew W. Brewer in Support of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss for Failure to State a Claim #37 .) (Attachments: #1 Exhibit 1) (Heuser, Peter) |
Filing 38 Memorandum in Support of Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim. Filed by E.I. DuPont De Nemours and Company. (Related document(s): Motion to Dismiss for Failure to State a Claim #37 .) (Heuser, Peter) |
Filing 37 Motion to Dismiss for Failure to State a Claim - Plaintiff DuPont's Motion to Dismiss Defendant Heraeus's Lanham Act Counterclaim. Oral Argument requested. Filed by E.I. DuPont De Nemours and Company. (Heuser, Peter) |
Filing 36 Scheduling Order by Magistrate Judge Dennis J. Hubel: A Rule 16 Conference is set for November 8, 2012, at 10:30 a.m., by telephone. The court will place the call. (see formal order) (kb) |
Filing 35 Corporate Disclosure Statement . Filed by Solarworld Industries America, Inc.. (Blackhurst, Steven) |
Filing 34 Answer to #6 Amended Complaint, with Jury Demand Affirmative Defenses and, Counterclaim Against E.I. DuPont De Nemours and Company. Filed by Solarworld Industries America, Inc.. (Blackhurst, Steven) |
Filing 33 Order Granting Application for Special Admission Pro Hac Vice of Matthew W. Brewer for E.I. DuPont De Nemours and Company. Application Fee in amount of $100 collected. Receipt No. 0979-3040114 issued. Signed on 9/24/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 32 Order Granting Application for Special Admission Pro Hac Vice of Elizabeth M. Roesel for Heraeus Precious Metals North America Conshohocken LLC. Application Fee in amount of $100 collected. Receipt No. 0979-3037229 issued. Signed on 9/20/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 31 Order Granting Application for Special Admission Pro Hac Vice of Maximillian A. Grant for Heraeus Precious Metals North America Conshohocken LLC. Application Fee in amount of $100 collected. Receipt No. 0979-3037201 issued. Signed on 9/20/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 30 Order Granting Application for Special Admission Pro Hac Vice of Gregory K. Sobolski for Heraeus Precious Metals North America Conshohocken LLC. Application Fee in amount of $100 collected. Receipt No. 0979-3038606 issued. Signed on 9/20/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 29 Order Granting Application for Special Admission Pro Hac Vice of Lisa Limor Rabie for Heraeus Precious Metals North America Conshohocken LLC. Application Fee in amount of $100 collected. Receipt No. 0979-3038607 issued. Signed on 9/20/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 28 Order Granting Application for Special Admission Pro Hac Vice of Matthew J. Moore for Heraeus Precious Metals North America Conshohocken LLC. Application Fee in amount of $100 collected. Receipt No. 0979-3038597 issued. Signed on 9/20/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 27 Corporate Disclosure Statement . Filed by Heraeus Materials Technology, LLC, Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 26 Motion for Leave to Appear Pro Hac Vice for Attorney Matthew W. Brewer . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3040114. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 25 Answer to #6 Amended Complaint, with Jury Demand , Affirmative Defenses and, Counterclaim Against Plaintiff E.I. DuPont De Nemours and Company. Filed by Heraeus Precious Metals North America Conshohocken LLC, Heraeus Materials Technology, LLC. (Blackhurst, Steven) |
Filing 24 Motion for Leave to Appear Pro Hac Vice for Attorney Lisa Limor Rabie . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3038607. Filed by Heraeus Materials Technology, LLC, Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 23 Motion for Leave to Appear Pro Hac Vice for Attorney Gregory K. Sobolski . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3038606. Filed by Heraeus Materials Technology, LLC, Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 22 Motion for Leave to Appear Pro Hac Vice for Attorney Matthew J. Moore . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3038597. Filed by Heraeus Materials Technology, LLC, Heraeus Precious Metals North America Conshohocken LLC. (Blackhurst, Steven) |
Filing 21 Motion for Leave to Appear Pro Hac Vice for Attorney elizabeth m. roesel . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3037229. Filed by All Defendants. (Blackhurst, Steven) |
Filing 20 Motion for Leave to Appear Pro Hac Vice for Attorney Maximilian A. Grant . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3037201. Filed by All Defendants. (Blackhurst, Steven) |
Filing 19 Return of Service Executed. as to Solarworld Industries America, Inc. regarding First Amended Complaint Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 18 Return of Service Executed as to Solarworld Industries America, Inc. served on 6/22/2012. Regarding Complaint Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 17 Notice of Appearance of Alexander C. Johnson, Jr appearing on behalf of Solarworld Industries America, Inc. Filed by on behalf of Solarworld Industries America, Inc. (Johnson, Alexander) |
Filing 16 Waiver of Service of Summons Returned Executed by Solarworld Industries America, Inc. waiver sent on 7/12/2012. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 15 Waiver of Service of Summons Returned Executed by Heraeus Precious Metals North America Conshohocken LLC waiver sent on 7/12/2012. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 14 Order Granting Application for Special Admission Pro Hac Vice of Asha L.I. Spencer for E.I. DuPont De Nemours and Company. Application Fee in amount of $100 collected. Receipt No. 0979-2955363 issued. Signed on 7/6/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 13 Order Granting Application for Special Admission Pro Hac Vice of Sean W. Gallagher for E.I. DuPont De Nemours and Company. Application Fee in amount of $100 collected. Receipt No. 0979-2955353 issued. Signed on 7/6/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 12 Order Granting Application for Special Admission Pro Hac Vice of Adam K. Mortara for E.I. DuPont De Nemours and Company. Application Fee in amount of $100 collected. Receipt No. 0979-2955357 issued. Signed on 7/6/2012 by Magistrate Judge Dennis J. Hubel. (ecp) |
Filing 11 Motion for Leave to Appear Pro Hac Vice for Attorney Asha L.I. Spencer . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-2955363. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 10 Motion for Leave to Appear Pro Hac Vice for Attorney Adam K. Mortara . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-2955357. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 9 Motion for Leave to Appear Pro Hac Vice for Attorney Sean W. Gallagher . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-2955353. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 8 Summons Issued Electronically as to Heraeus Precious Metals North America Conshohocken LLC, Solarworld Industries America, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 issued summons to Heraeus Precious Metals) (cib) |
Filing 7 Amended Proposed Summons to SolarWorld Industries America, Inc. Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 6 First Amended Complaint for Patent Infringement. Filed by E.I. DuPont De Nemours and Company against Solarworld Industries America, Inc., Heraeus Precious Metals North America Conshohocken LLC (Attachments: #1 Exhibit A, #2 Proposed Summons to Heraeus Precious Metals North America Conshohocken LLC). (Newman, Devon) |
Filing 5 Patent Report: This report is submitted pursuant to Title 35 Section 290 USC which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. (cib) |
Filing 4 Notice of Case Assignment to Magistrate Judge Dennis J. Hubel and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/18/2012. Joint Alternate Dispute Resolution Report is due by 11/19/2012. Pretrial Order is due by 11/19/2012. Ordered by Magistrate Judge Dennis J. Hubel. (cib) |
Filing 3 Summons Issued Electronically as to Heraeus Materials Technology, LLC, Solarworld Industries America, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 issued summons for Solarworld) (cib) |
Filing 2 Corporate Disclosure Statement . Filed by E.I. DuPont De Nemours and Company. (Newman, Devon) |
Filing 1 Complaint. for Patent Infringement Filing fee in the amount of $350 collected. Agency Tracking ID: 0979-2938687 Jury Trial Requested: Yes. Filed by E.I. DuPont De Nemours and Company against Heraeus Materials Technology, LLC, Solarworld Industries America, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons to Heraeus, #4 Proposed Summons to SolarWorld). (Newman, Devon) |
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