Leupold & Stevens, Inc. v. Lightforce USA, Inc.
Plaintiff: Leupold & Stevens, Inc.
Defendant: Lightforce USA, Inc.
Case Number: 3:2016cv01570
Filed: August 2, 2016
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Marco A Hernandez
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2020 Opinion or Order Filing 222 OPINION & ORDER: In the attached Opinion, the Court resolves only those motions related to Nightforce's affirmative defense under 28 U.S.C. 1498(a). For the reasons stated in the Opinion, both parties' motions are DENIED. Signed on 3/29/2020 by Judge Marco A. Hernandez. (jp)
March 2, 2020 Opinion or Order Filing 221 ORDER: Pursuant to Plaintiff's NoticeWithdrawing With Prejudice Assertion of Claims of U.S. Patent No. 6,351,907 #220 , the pretrial conference set for 5/11/20 and trial set to begin on 5/19/20 are canceled. All related deadlines are stricken. Ordered by Judge Marco A. Hernandez. (jp)
February 28, 2020 Filing 220 Notice Withdrawing With Prejudice Assertion of Claims of U.S. Patent No. 6,351,907 Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
February 26, 2020 Filing 219 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on February 11, 2020 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/4/2020. Redaction Request due 3/18/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/26/2020. (Walker, Nancy)
February 12, 2020 Opinion or Order Filing 218 SUPPLEMENTAL JURY TRIAL MANAGEMENT ORDER REGARDING USE OF THE JERS SYSTEM. Signed on 2/12/2020 by Judge Marco A. Hernandez. (Attachments: #1 Attachment) (jp)
February 11, 2020 Filing 217 MINUTES of Proceedings: Telephone Scheduling Conference held. Any expert motion is due by 3/2/2020. Any Response is due by 3/16/2020. Any Reply is due by 3/23/2020. As previously discussed, the due dates for pretrial documents are as set forth in the attached Jury Trial Management Order. Parties are directed to provide the Court with any authority that supports or undermines Defendant's assertion that a doctrine of equivalents theory must be submitted to the Court "as a threshold gating matter before any such theory could be presented to the jury" by e-mail on Friday 2/14/20. Brian C. Park and Nathan C. Brunette present as counsel for plaintiff(s). David A. Cassimir and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
February 10, 2020 Opinion or Order Filing 216 OPINION & ORDER: In response to the parties' briefing #194 #195 , the Court declines to adopt Defendant's proposed construction of the identified claim term. Signed on 2/10/2020 by Judge Marco A. Hernandez. (jp)
February 7, 2020 Opinion or Order Filing 215 Scheduling Order by Judge Marco A. Hernandez. A Telephone Scheduling Conference is set for 2/11/2020 at 04:00PM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
February 3, 2020 Filing 214 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on January 27, 2020 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/10/2020. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (Walker, Nancy)
January 31, 2020 Filing 213 Notice of Proposals re Case Schedule Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
January 27, 2020 Filing 212 Telephone Status Conference held. Status of case and discovery dispute discussed as stated on the record. Parties are directed to confer and propose new deadlines as stated on the record by 1/31/2020. Brian C. Park, Kassim M. Ferris and Nathan C. Brunette present as counsel for plaintiff(s). David A. Cassimir and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
January 24, 2020 Opinion or Order Filing 211 Scheduling Order by Judge Marco A. Hernandez. The telephone hearing regarding the discovery dispute is set for 1/27/2020 at 11:00AM before Judge Marco A. Hernandez. The parties shall use the same call-in information previously provided for this call. Ordered by Judge Marco A. Hernandez. (jp)
January 23, 2020 Filing 210 Reply Brief re Supplemental Construction of '907 Patent Phrase "A Manually Adjustable Focus Control Device Projecting Outwardly From The Exterior of the Housing" to Motion Defendant Nightforce's Motion for Additional Claim Construction of U.S. Patent No. 6,351,907 #189 Oral Argument requested. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
January 23, 2020 Filing 209 Reply Brief In Support Of Brief Regarding Construction Of "Projecting Outwardly From..." Term Per Order, ECF No. 203. Filed by Lightforce USA, Inc.. (Related document(s): Brief, #199 , Brief #195 , Response, #198 , Brief #194 , Order on motion for Leave 203 .) (Siegel, Todd)
January 23, 2020 Opinion or Order Filing 208 Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the telephone conference set for 1/24/2020 at 10:15AM is CANCELED. The parties shall notify the Courtroom Deputy of a time to reset the call on Monday morning. Ordered by Judge Marco A. Hernandez. (jp)
January 23, 2020 Opinion or Order Filing 207 Scheduling Order by Judge Marco A. Hernandez. A Telephone Discovery Hearing is set for 1/24/2020 at 10:15AM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
January 21, 2020 Opinion or Order Filing 206 ORDER: Finding as Moot Motion for Leave to File Sur-reply to Address New Arguments Raised in Plaintiff's Reply #166 . Ordered by Judge Marco A. Hernandez. (jp)
January 21, 2020 Opinion or Order Filing 205 ORDER: Finding as Moot Motion for Leave to File Amended Complaint #155 . Ordered by Judge Marco A. Hernandez. (jp)
January 21, 2020 Opinion or Order Filing 204 OPINION & ORDER: For the reasons contained in the attached, Leupold's motions are GRANTED in part and DENIED in part. Nightforce's motions areGRANTED in part and DENIED AS MOOT in part. Signed on 1/21/2020 by Judge Marco A. Hernandez. (jp)
January 16, 2020 Opinion or Order Filing 203 ORDER: Granting Motion for Leave to File Claim Construction Reply Briefs #202 . Reply briefs are due by 1/23/2020. Ordered by Judge Marco A. Hernandez. (jp)
January 14, 2020 Filing 202 Joint Motion for Leave to File Claim Construction Reply Briefs. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
January 10, 2020 Filing 201 Notice Plaintiff Leupold & Stevens, Inc.'s Notice re Narrowed Asserted Claims of U.S. Patent No. 6,351,907 Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
December 26, 2019 Filing 200 Declaration of Arie Pellikaan In Support Of Defendant's Response To Plaintiff's Opening Brief Re Construction Of '907 Patent Phrase "A Manually Adjustable Focus Control Device Projecting Outwardly From The Exterior Of The Housing". Filed by Lightforce USA, Inc.. (Related document(s): Response, #198 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Davis, Scott)
December 26, 2019 Filing 199 Brief Plaintiff Leupold & Stevens, Inc.'s Response Brief re Construction of '907 Patent Phrase "A Manually Adjustable Focus Control Device Projecting Outwardly from the Exterior of the Housing". Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
December 26, 2019 Filing 198 Response To Plaintiff's Opening Brief Re Construction of '907 Patent Phrase "A Manually Adjustable Focus Control Device Projecting Outwardly From The Exterior Of The Housing". Filed by Lightforce USA, Inc.. (Related document(s): Brief #195 .) (Davis, Scott)
December 12, 2019 Filing 197 Declaration of David Byron in Support of Plaintiff Leupold & Stevens, Inc.'s Claim Construction Position. Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit 1) (Brunette, Nathan)
December 12, 2019 Filing 196 Declaration of Nathan C. Brunette in Support of Plaintiff Leupold & Stevens, Inc.'s Proposed Claim Construction. Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Brunette, Nathan)
December 12, 2019 Filing 195 Brief re Construction of '907 Patent Phrase "A Manually Adjustable Focus Control Device Projecting Outwardly From The Exterior of The Housing". Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
December 12, 2019 Filing 194 Brief Regarding Construction of "Projecting Outwardly From... " Term Per Order, ECF No. 192. Filed by Lightforce USA, Inc.. (Related document(s): Status Conference,,, 192 .) (Davis, Scott)
November 25, 2019 Filing 193 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on November 21, 2019 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/2/2019. Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020. (Walker, Nancy)
November 21, 2019 Filing 192 MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. Motion for Leave #186 and Motion for Additional Claim Construction #189 are DENIED. As stated on the record, parties shall file simultaneous briefing, no more than 10 pages, on the identified claim term by December 12, 2019. Responses, no more than 5 pages, will be due December 26, 2019. Parties' motions to exclude expert testimony at trial, no more than 20 pages total, will be due by February 11, 2020. The parties are reminded not to file any additional motions without first contacting the Court. Brian C. Park, Kassim M. Ferris and Nathan C. Brunette present as counsel for plaintiff(s). David A. Cassimir and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
November 19, 2019 Opinion or Order Filing 191 ORDER: The parties are directed not to file any additional motions at this time. The Court will discuss further motions practice at the status conference set for 11/21/19. Ordered by Judge Marco A. Hernandez. (jp)
November 18, 2019 Filing 190 Declaration of Arie Pellikaan in Support of Defendant Nightforce's Motion for Additional Claim Construction of U.S. Patent No. 6,351,907. Filed by Lightforce USA, Inc.. (Related document(s): Motion - Miscellaneous #189 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Davis, Scott)
November 18, 2019 Filing 189 Motion Defendant Nightforce's Motion for Additional Claim Construction of U.S. Patent No. 6,351,907. Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
November 18, 2019 Filing 188 Declaration of Arie Pellikaan in Support of Motion for Leave and Judgment of Invalidity of U.S. Patent 6,351,907. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Leave,, Motion for judgment, #186 .) (Attachments: #1 Exhibit 1 to Pellikaan Declaration, #2 Exhibit 2 to Pellikaan Declaration, #3 Exhibit 3 to Pellikaan Declaration, #4 Exhibit 4 to Pellikaan Declaration, #5 Exhibit 5 to Pellikaan Declaration, #6 Exhibit 6 to Pellikaan Declaration, #7 Exhibit 7 to Pellikaan Declaration, #8 Exhibit 8 to Pellikaan Declaration, #9 Exhibit 9 to Pellikaan Declaration, #10 Exhibit 10 to Pellikaan Declaration, #11 Exhibit 11 to Pllikaan Declaration, #12 Exhibit 12 to Pellikaan Declaration) (Davis, Scott)
November 18, 2019 Filing 187 Declaration of Mary Ann Brow in Support of Motion for Leave and Judgment of Invalidity of U.S. Patent 6,351,907. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Leave,, Motion for judgment, #186 .) (Attachments: #1 Exhibit A) (Davis, Scott)
November 18, 2019 Filing 186 Motion for Leave , Motion for Judgment of Invalidity of U.S. Patent 6,351,907. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Lightforce USA, Inc.. (Attachments: #1 Appendix A) (Davis, Scott)
November 18, 2019 Opinion or Order Filing 185 Scheduling Order by Judge Marco A. Hernandez. A Telephone Status Conference is set for 11/21/2019 at 11:00AM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
November 13, 2019 Filing 184 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on October 18, 2019 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/20/2019. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (Walker, Nancy)
November 8, 2019 Filing 183 Joint Report re Proposed Pretrial Dates and Scheduling. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 18, 2019 Filing 182 MINUTES of Proceedings: Telephone Scheduling Conference held. The Court set the following schedule in regards to the "907 Patent" only: A Pretrial Conference is set for 5/11/2020 at 11:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. A 10-day Jury Trial is set to begin 5/19/2020 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. The parties shall confer and submit a proposed schedule to the Court regarding the filing of pretrial documents. Brian C. Park, Kassim M. Ferris and Nathan C. Brunette present as counsel for plaintiff(s). David A. Cassimir, Todd M. Siegel and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
October 4, 2019 Opinion or Order Filing 181 Scheduling Order by Judge Marco A. Hernandez. Scheduling Conference is set for 10/18/2019 at 10:30AM in Portland by telephone before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
September 26, 2019 Opinion or Order Filing 180 OPINION & ORDER: As set forth in the attached, only those motions related to the '907 patent are resolved. For the reasons set forth therein, Leupold's motion is DENIED in part and GRANTED in part. Nightforce's motion is DENIED. Signed on 9/26/2019 by Judge Marco A. Hernandez. (jp)
September 5, 2019 Filing 179 Notice of Appearance of J. Christopher Carraway appearing on behalf of Lightforce USA, Inc. Filed by on behalf of Lightforce USA, Inc.. (Carraway, J.)
April 2, 2019 Opinion or Order Filing 178 ORDER: Plaintiff filed Motions to Strike and Exclude Expert Testimony #173 #175 on 3/19/19. Briefing on the motions for summary judgment was complete on 11/16/18, oral argument was held on 12/17/18, 1/11/19, and 2/13/19, and the motions were taken under advisement as of 2/13/19. Given the timing of the motions to strike and exclude expert testimony, the Court DENIES the motions in resolving summary judgment. To the extent the parties wish to challenge the introduction of expert evidence at trial, the parties may file new motions at a later date to be set by the Court. Defendant's Motion to Stay #177 filed 3/22/19 is denied as moot. Ordered by Judge Marco A. Hernandez. (jp)
March 22, 2019 Filing 177 Motion for Stay and Continue Briefing Schedule on Plaintiff's Motion to Strike and Exclude Expert Testimony of Allen Brandenburg and Douglas P. DuFaux. Filed by Lightforce USA, Inc.. (Davis, Scott)
March 19, 2019 Filing 176 Declaration of Elliott J. Williams ISO Plaintiff's Motion to Strike and Exclude Douglas P. DuFaux's Opinion. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Related document(s): Motion to Strike #175 .) (Attachments: #1 Exhibit 1 to Declaration of E. Williams ISO Plaintiff's Motion to Strike and Exclude Douglas P. DuFaux's Opinion) (Brunette, Nathan)
March 19, 2019 Filing 175 Motion to Strike Plaintiff's Motion to Strike and Exclude Douglas P. DuFaux's Opinions. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
March 19, 2019 Filing 174 Declaration of Nathan C. Brunette In Support of Plaintiff's Motion to Strike and Exclude, in Part, Expert Opinion Testimony of Allen Brandenburg. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Related document(s): Motion to Strike, #173 .) (Attachments: #1 Exhibit A to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #2 Exhibit B to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #3 Exhibit C to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #4 Exhibit D to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #5 Exhibit E to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #6 Exhibit F to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #7 Exhibit G to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #8 Exhibit H to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #9 Exhibit I to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #10 Exhibit J to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions, #11 Exhibit K to Declaration of N. Brunette ISO Plaintiff's Motion to Strike Brandenburg's Expert Opinions) (Brunette, Nathan)
March 19, 2019 Filing 173 Motion to Strike Plaintiff's Motion to Strike and Exclude, in Part, Expert Opinion Testimony of Allen Brandenburg. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
March 7, 2019 Filing 172 MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman on 3/7/2019. The case does not settle. Brian C. Park, Kassim M. Ferris and Nathan C. Brunette present as counsel for plaintiff. David A. Casimir and Scott E. Davis present as counsel for defendant. Court Reporter: None. Tape No.: None. Magistrate Judge Stacie F. Beckerman presiding. (gw)
March 6, 2019 Filing 171 Exhibits Plaintiff's Notice of Filing of Summary Judgment Hearing Demonstrative Exhibits re Motion for Partial Summary Judgment #101 . Filed by Leupold & Stevens, Inc.. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Brunette, Nathan)
February 25, 2019 Filing 170 Response to Motion for Leave to File Sur-reply to Address New Arguments Raised in Plaintiff's Reply (ECF No. 163) in support of its Motion for Leave to Amend Complaint and Update Infringement Contentions to Conform to Evidence and Formally Allege Additiona #166 . Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
February 25, 2019 Filing 169 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Continued motion hearing, Day 3, held on February 13, 2019 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-703-1515 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/4/2019. Redaction Request due 3/18/2019. Redacted Transcript Deadline set for 3/28/2019. Release of Transcript Restriction set for 5/27/2019. (Walker, Nancy)
February 14, 2019 Filing 168 Notice of Filing Hearing Demonstratives (Windauer Patents, '068 and '408 Patents) Filed by Lightforce USA, Inc.. (Attachments: #1 Attachment Defendant's Windauer Patents Demonstrative, #2 Attachment Defendant's '068 Patent Demonstrative, #3 Attachment Defendant's '408 Patent Demonstrative) (Davis, Scott)
February 13, 2019 Filing 167 MINUTES of Proceedings: Hearing held on the parties' Cross Motions for Summary Judgment. The Motions are taken under advisement as of 2/13/2019. ORDER: The 4/16/2019 Trial Date and 4/8/2019 Pretrial Conference are STRICKEN and will be reset following the Court's ruling on the summary judgment motions. Brian C. Park, Elliott J. Williams, Kassim M. Ferris, Nathan C. Brunette present as counsel for plaintiff(s). David A. Casimir, Jason Bond and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
February 11, 2019 Filing 166 Motion for Leave to File Sur-reply to Address New Arguments Raised in Plaintiff's Reply (ECF No. 163) in support of its Motion for Leave to Amend Complaint and Update Infringement Contentions to Conform to Evidence and Formally Allege Additional Facts re Defendant's Direct Infringement of '305 Patent. Filed by Lightforce USA, Inc.. (Davis, Scott)
February 1, 2019 Filing 165 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Continued motion hearing, Day 2, held on January 11, 2019 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/8/2019. Redaction Request due 2/22/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/2/2019. (Walker, Nancy)
February 1, 2019 Filing 164 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on December 17, 2018 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/8/2019. Redaction Request due 2/22/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/2/2019. (Walker, Nancy)
January 30, 2019 Filing 163 Reply to Motion for Leave to File Amended Complaint/Petition and Update Infringement Contentions to Conform to Evidence and Formally Allege Additional Facts re Defendant's Direct Infringement of '305 Patent #155 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Attachment Declaration of Brian C. Park ISO Plaintiff's Reply on its Motion for Leave to Amend Complaint and Update Infringement Contentions, #2 Exhibit A to Declaration of Brian C. Park, #3 Exhibit B to Declaration of Brian C. Park, #4 Exhibit C to Declaration of Brian C. Park, #5 Exhibit D to Declaration of Brian C. Park) (Brunette, Nathan)
January 17, 2019 Opinion or Order Filing 162 SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Thursday, March 7, 2019 in Magistrate Judge Stacie F. Beckerman's chambers, 9th floor of the Mark O. Hatfield U.S. Courthouse, 1000 S.W. 3rd Avenue, Portland, Oregon. Plaintiff to arrive at 9:00 AM, Defendant at 9:30 AM. See attached instructions. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
January 16, 2019 Filing 161 Declaration of Arie Pellikaan In Support Of Nightforce's Opposition To Plaintiff's Motion For Leave To Amend Complaint And Update Infringement Contentions. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Response in Opposition to Motion, #160 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Davis, Scott)
January 16, 2019 Filing 160 Response in Opposition to Motion for Leave to File Amended Complaint/Petition and Update Infringement Contentions to Conform to Evidence and Formally Allege Additional Facts re Defendant's Direct Infringement of '305 Patent #155 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Davis, Scott)
January 15, 2019 Filing 159 Notice of Scheduling Order in Subpoena Enforcement Action in USDC (S.D. Cal.) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit A) (Brunette, Nathan)
January 15, 2019 Filing 158 Notice Of Filing Hearing Demonstratives ('907 Patent & No Liability for Government Sales) Filed by Lightforce USA, Inc.. (Attachments: #1 Attachment Defendant's '907 Patent Demonstrative, #2 Attachment Defendant's No Liability for Government Sales Demonstrative) (Davis, Scott)
January 11, 2019 Filing 157 MINUTES of Proceedings: Hearing held on the Cross Motions for Summary Judgment. This hearing is continued to 2/13/2019 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Brian C. Park, Elliott J. Williams, Kassim M. Ferris, Nathan C. Brunette present as counsel for plaintiff(s). David A. Casimir, Todd M. Siegal and Scott E. Davis present as counsel for defendant(s).(Court Reporter Nancy Walker.)Judge Marco A. Hernandez presiding. (jp)
January 2, 2019 Filing 156 Declaration of Nathan C. Brunette. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Related document(s): Motion for Leave to File Amended Complaint/Petition, #155 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Brunette, Nathan)
January 2, 2019 Filing 155 Motion for Leave to File Amended Complaint/Petition and Update Infringement Contentions to Conform to Evidence and Formally Allege Additional Facts re Defendant's Direct Infringement of '305 Patent. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit 1) (Brunette, Nathan)
December 20, 2018 Filing 154 Exhibits Plaintiff's Notice of Filing Hearing Demonstratives. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Attachment 1) (Brunette, Nathan)
December 17, 2018 Filing 153 Notice of Filing Hearing Demonstratives (The '305 Patent) Filed by Lightforce USA, Inc.. (Attachments: #1 Attachment Defendant's '305 Patent Demonstrative) (Davis, Scott)
December 17, 2018 Filing 152 MINUTES of Proceedings: Hearing held on the Cross Motions for Summary Judgment. ORDER: Continuing the hearing to 1/11/2019 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Brian C. Park, Elliott J. Williams, Kassim M. Ferris, Nathan C. Brunette present as counsel for plaintiff(s). David A. Casimir, Todd M. Siegal and Scott E. Davis present as counsel for defendant(s).(Court Reporter Nancy Walker.)Judge Marco A. Hernandez presiding. (jp)
November 16, 2018 Filing 151 Sur-Reply for Evidentiary Objections to Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability, of U.S. Patent No. 6,351,907 #102 , Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120 #97 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Williams, Elliott)
November 16, 2018 Filing 150 Joint ADR Report . Filed by Lightforce USA, Inc..(Davis, Scott)
November 9, 2018 Filing 149 Exhibits 1-6 to the Declaration of Arie Pellikaan in Support of Defendant's Reply in Support of Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability of U.S. Patent No. 6,351,907 re Declaration, #148 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Davis, Scott)
November 9, 2018 Filing 148 Declaration of Arie Pellikaan in Support of Defendant's Reply in Support of Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability of U.S. Patent No. 6,351,907. Filed by Lightforce USA, Inc.. (Related document(s): Reply to Motion, #146 .) (Attachments: #1 Exhibit 7) (Davis, Scott)
November 9, 2018 Filing 147 Reply PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT to Motion for Partial Summary Judgment #101 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
November 9, 2018 Filing 146 Reply to Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability, of U.S. Patent No. 6,351,907 #102 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Davis, Scott)
November 9, 2018 Filing 145 Exhibits 1, 3, and 5 to the Declaration of Arie Pellikaan in Support of Motion for Summary Judgment of Invalidity and Non-Infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120 re Declaration, #143 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 5) (Davis, Scott)
November 9, 2018 Filing 144 Exhibits 1 and 3 re Declaration, #141 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 3) (Siegel, Todd)
November 9, 2018 Filing 143 Declaration of Arie Pellikaan in Support of Motion for Summary Judgment of Invalidity and Non-Infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120. Filed by Lightforce USA, Inc.. (Related document(s): Reply to Motion, #142 .) (Attachments: #1 Exhibit 2, #2 Exhibit 4) (Davis, Scott)
November 9, 2018 Filing 142 Reply to Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120 #97 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Davis, Scott)
November 9, 2018 Filing 141 Declaration of Arie Pellikaan in Support of Defendant's Reply in Support of Motion for Summary Judgment of Invalidity of U.S. Pat. No. 6,816,305. Filed by Lightforce USA, Inc.. (Related document(s): Reply to Motion, #139 .) (Attachments: #1 Exhibit 2) (Siegel, Todd)
November 9, 2018 Filing 140 Third Declaration of David Byron IN SUPPORT OF PLAINTIFF'S REPLY ON ITS MOTION FOR PARTIAL SUMMARY JUDGMENT. Filed by Leupold & Stevens, Inc.. (Related document(s): Motion for Partial Summary Judgment #101 .) (Brunette, Nathan)
November 9, 2018 Filing 139 Reply to Motion for Summary Judgment Invalidity of U.S. Pat. No. 6,816,305 #109 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Siegel, Todd)
November 9, 2018 Filing 138 Reply in Support of Motion for Partial Summary Judgment Excluding U.S. Government Sales Under 28 U.S.C. 1498 to Motion for Partial Summary Judgment Excluding U.S. Government Sales Under 28 U.S.C. 1498 #93 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Davis, Scott)
November 9, 2018 Filing 137 Third Declaration of Kassim M. Ferris in Support of Plaintiff's Motions for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10) (Brunette, Nathan)
November 9, 2018 Filing 136 Third Declaration of Nathan C. Brunette in Support of Plaintiff Leupold & Stevens, Inc.'s Reply in Support of its Motion for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit 95, #2 Exhibit 96, #3 Exhibit 97, #4 Exhibit 98, #5 Exhibit 99, #6 Exhibit 100, #7 Exhibit 101) (Brunette, Nathan)
November 9, 2018 Filing 135 Exhibits A to the Declaration of Arie Pellikaan in Support of Defendant's Reply in Support of Motion for Summary Judgment of Noninfringement of U.S. Patent 9,170,068 re Declaration, #134 . Filed by Lightforce USA, Inc.. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Attachments: #1 Exhibit A) (Davis, Scott)
November 9, 2018 Filing 134 Declaration of Arie Pellikaan in Support of Defendant's Reply in Support of Motion for Summary Judgment of Noninfringement of U.S. Patent 9,170,068. Filed by Lightforce USA, Inc.. (Related document(s): Reply to Motion #133 .) (Davis, Scott)
November 9, 2018 Filing 133 Reply to Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 9,170,068 #89 Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 30, 2018 Filing 132 Exhibits X to the Declaration of Mung Conway in Support of Defendant's Opposition to Plaintiff's Motion for Summary Judgment re Response in Opposition to Motion #120 , Declaration,, #127 . Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit X) (Davis, Scott)
October 26, 2018 Filing 131 Exhibits re Motion for Partial Summary Judgment #101 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit AA, #2 Exhibit CC, #3 Exhibit E, #4 Exhibit EE, #5 Exhibit J, #6 Exhibit L, #7 Exhibit M, #8 Exhibit O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit T, #12 Exhibit U, #13 Exhibit V) (Davis, Scott)
October 26, 2018 Filing 130 Memorandum in Opposition to Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120 #97 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 26, 2018 Filing 129 Second Declaration of David Byron in Opposition to Defendants' Motions for Summary Judgment. Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Brunette, Nathan)
October 26, 2018 Filing 128 Exhibits To The Declaration Of Klaus Johnson In Support Of Defendants Opposition To Plaintiffs Motion For Partial Summary Judgment re Response in Opposition to Motion #120 , Declaration #126 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 10, #2 Exhibit 31) (Siegel, Todd)
October 26, 2018 Filing 127 Declaration of Mung Conway in Support of Defendant's Opposition to Plaintiff Leupold & Stevens, Inc.'s Motion for Partial Summary Judgment. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Partial Summary Judgment #101 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit BB, #4 Exhibit C, #5 Exhibit D, #6 Exhibit DD, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit K, #12 Exhibit N, #13 Exhibit R, #14 Exhibit S, #15 Exhibit W, #16 Exhibit Y, #17 Exhibit Z) (Davis, Scott)
October 26, 2018 Filing 126 Declaration of Klaus Johnson in Support of Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment. Filed by Lightforce USA, Inc.. (Related document(s): Response in Opposition to Motion #120 .) (Siegel, Todd)
October 26, 2018 Filing 125 Declaration of William Bracken in Support of Defendant's Opposition to Plaintiff's Partial Summary Judgment Motion. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Response in Opposition to Motion #120 .) (Attachments: #1 Errata 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, #19 Exhibit 19) (Siegel, Todd)
October 26, 2018 Filing 124 Memorandum in Opposition to Motion for Summary Judgment Invalidity of U.S. Pat. No. 6,816,305 #109 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 26, 2018 Filing 123 Memorandum in Opposition to Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability, of U.S. Patent No. 6,351,907 #102 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 26, 2018 Filing 122 Memorandum in Opposition to Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 9,170,068 #89 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 26, 2018 Filing 121 Memorandum in Opposition to Motion for Partial Summary Judgment Excluding U.S. Government Sales Under 28 U.S.C. 1498 #93 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 26, 2018 Filing 120 Response in Opposition to Motion for Partial Summary Judgment #101 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Davis, Scott)
October 26, 2018 Filing 119 Declaration of Brian C. Park in Support of Plaintiff's Responses in Opposition to Defendant's Motions for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 26, 2018 Filing 118 Second Declaration of Kassim M. Ferris in Support of Plaintiff's Responses to Motions for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit 3, #2 Exhibit 4) (Brunette, Nathan)
October 26, 2018 Filing 117 Second Declaration of Nathan C. Brunette in Support of Plaintiffs' Responses to All Five Motions for Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit 64, #2 Exhibit 65, #3 Exhibit 66, #4 Exhibit 67, #5 Exhibit 68, #6 Exhibit 69, #7 Exhibit 70, #8 Exhibit 71, #9 Exhibit 72, #10 Exhibit 73, #11 Exhibit 74, #12 Exhibit 75, #13 Exhibit 76, #14 Exhibit 77, #15 Exhibit 78, #16 Exhibit 79, #17 Exhibit 80, #18 Exhibit 81, #19 Exhibit 82, #20 Exhibit 83, #21 Exhibit 84, #22 Exhibit 85, #23 Exhibit 86, #24 Exhibit 87, #25 Exhibit 88, #26 Exhibit 89, #27 Exhibit 90, #28 Exhibit 91, #29 Exhibit 92, #30 Exhibit 93, #31 Exhibit 94) (Brunette, Nathan)
October 26, 2018 Filing 116 Declaration of David Larsen . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Brunette, Nathan)
October 26, 2018 Filing 115 Declaration of Lance Scrivens in Support of Plaintiffs' Response to Defendant's Motion for Partial Summary Judgment re the Windauer Patents. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Brunette, Nathan)
October 6, 2018 Filing 112 Declaration of Kevin Stockdill in Support of Defendant's Motion for Summary Judgment of Invalidity of U.S. Pat. No. 6,816,305. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment #109 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Davis, Scott)
October 6, 2018 Filing 111 Declaration of Klaus Johnson in Support of Defendant's Motion for Summary Judgment of Invalidity of U.S. Pat. No. 6,816,305. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment #109 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Davis, Scott)
October 6, 2018 Filing 110 Declaration of Hope Coleman in Support of Defendant's Motion for Summary Judgment of Invalidity of U.S. Pat. No. 6,816,305. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment #109 .) (Attachments: #1 Exhibit A) (Davis, Scott)
October 5, 2018 Filing 109 Motion for Summary Judgment Invalidity of U.S. Pat. No. 6,816,305. Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 5, 2018 Filing 108 Exhibits 1, 2, and 6 to the Declaration of Xuan-Giang Tran in Support of Defendant's Motion for Summary Judgment of Invalidity of U.S. Pat. No. 6,816,305 re Declaration, #107 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 6) (Davis, Scott)
October 5, 2018 Filing 107 Declaration of Xuan-Giang Tran in Support of Defendant's Motion for Summary Judgment of Invalidity of U.S. Pat. No. 6,816,305. Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5) (Davis, Scott)
October 5, 2018 Filing 106 Declaration of Raymond Dennis in Support of Defendants Motion For Summary Judgment of Invalidity, Unenforceability, and Limited Liability of U.S. Pat. No. 6,351,907. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment, #102 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Davis, Scott)
October 5, 2018 Filing 105 Exhibits 1, 2, 6, 8, 9, 12, 15, 19, and 21 to the Mung Conway Declaration in Support of Defendants Motion For Summary Judgment of Invalidity, Unenforceability, and Limited Liability of U.S. Pat. No. 6,351,907 re Declaration, #103 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 6, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 12, #7 Exhibit 15, #8 Exhibit 19, #9 Exhibit 21) (Davis, Scott)
October 5, 2018 Filing 104 Exhibits 13, 14, 16, 17, and 18 to the Declaration of Mung Conway in Support of Defendants Motion For Summary Judgment of Invalidity, Unenforceability, and Limited Liability of U.S. Pat. No. 6,351,907 re Declaration, #103 . Filed by Lightforce USA, Inc.. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18) (Davis, Scott)
October 5, 2018 Filing 103 Declaration of Mung Conway in Support of Defendant's Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability of U.S. Patent No. 6,351,907. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment, #102 .) (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 7, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 20) (Davis, Scott)
October 5, 2018 Filing 102 Motion for Summary Judgment of Invalidity, Unenforceability, and Limited Liability, of U.S. Patent No. 6,351,907. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 5, 2018 Filing 101 Motion for Partial Summary Judgment . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 5, 2018 Filing 100 Declaration of Vince R. Agatep . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment, #97 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Davis, Scott)
October 5, 2018 Filing 99 Exhibits 3 - 13, and 17 to the Declaration of Xuan-Giang Tran in Support of Defendant's Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120 re Declaration, #98 , Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120 #97 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 17) (Davis, Scott)
October 5, 2018 Filing 98 Declaration of Xuan-Giang Tran in Support of Defendant's Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment, #97 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16) (Davis, Scott)
October 5, 2018 Filing 97 Motion for Summary Judgment of Invalidity and Non-infringement of U.S. Pat. Nos. 8,006,429; 8,516,736; and 9,665,120. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 5, 2018 Filing 96 Declaration of William Bracken in Support of Defendant's Motion for Partial Summary Judgment Excluding U.S. Government Sales Under 28 U.S.C. 1498. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Motion for Partial Summary Judgment, #93 .) (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, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45) (Davis, Scott)
October 5, 2018 Filing 95 Declaration of Hope Coleman in Support of Defendant's Motion for Partial Summary Judgment Excluding U.S. Government Sales Under 28 U.S.C. 1498. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Motion for Partial Summary Judgment, #93 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Davis, Scott)
October 5, 2018 Filing 94 Declaration of Mung Conway in Support of Defendant's Motion for Partial Summary Judgment Excluding U.S. Government Sales from any Potential Damages Under 28 U.S.C. 1498. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Motion for Partial Summary Judgment, #93 .) (Attachments: #1 Exhibit A) (Davis, Scott)
October 5, 2018 Filing 93 Motion for Partial Summary Judgment Excluding U.S. Government Sales Under 28 U.S.C. 1498. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 5, 2018 Filing 92 Declaration of Nathan C. Brunette In Support of Plaintiff Leupold & Stevens, Inc.'s Motion for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Exhibits 1-17 to Brunette Decl, #2 Exhibit Exhibit 18 (Part 1 of 2) to Brunette Decl, #3 Exhibit Exhibit 18 (Part 2 of 2) to Brunette Decl, #4 Exhibit Exhibit 19-29 to Brunette Decl, #5 Exhibit Exhibit 30 to Brunette Decl, #6 Exhibit Exhibits 31-44 to Brunette Decl, #7 Exhibit Exhibits 45-55 to Brunette Decl, #8 Exhibit Exhibit 56 to Brunette Decl, #9 Exhibit Exhibit 57-63 to Brunette Decl) (Brunette, Nathan)
October 5, 2018 Filing 91 Declaration of Klaus Johnson in Support of Defendant's Motion for Summary Judgment of Noninfringement of U.S. Patent No. 9,170,068. Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment #89 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Davis, Scott)
October 5, 2018 Filing 90 Declaration of Mung Conway in Support of Defendant's Motion for Summary Judgment of Noninfringement of U.S. Patent No. 9,170,068. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lightforce USA, Inc.. (Related document(s): Motion for Summary Judgment #89 .) (Attachments: #1 Exhibit A) (Davis, Scott)
October 5, 2018 Filing 89 Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 9,170,068. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Lightforce USA, Inc.. (Davis, Scott)
October 5, 2018 Filing 88 Declaration of Ryan Hammond . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Exhibit 1 Hammond Decl, #2 Exhibit Exhibit 2 Hammond Decl) (Brunette, Nathan)
October 5, 2018 Filing 87 Declaration of David Dugan . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Exhibit 1 Dugan Decl, #2 Exhibit Exhibit 2 Dugan Decl, #3 Exhibit Exhibit 3 Dugan Decl) (Brunette, Nathan)
October 5, 2018 Filing 86 Declaration of Devin Croswell . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Exhibit 1 Croswell Decl, #2 Exhibit Exhibit 2 Croswell Decl, #3 Exhibit Exhibit 1 Croswell Decl) (Brunette, Nathan)
October 5, 2018 Filing 85 Declaration of Kassim M. Ferris . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Exhibit 1 Ferris Decl, #2 Exhibit Exhibit 2 Ferris Decl) (Brunette, Nathan)
October 5, 2018 Filing 84 Declaration of Rodney H. Otteman . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Exhibit A Otteman Decl, #2 Exhibit Exhibit B Otteman Decl, #3 Exhibit Exhibit C Otteman Decl, #4 Exhibit Exhibit D Otteman Decl, #5 Exhibit Exhibit E Otteman Decl) (Brunette, Nathan)
October 5, 2018 Filing 83 Declaration of David Byron . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit Byron Decl Exhibit 1, #2 Exhibit Byron Decl Exhibit 2, #3 Exhibit Byron Decl Exhibit 3) (Brunette, Nathan)
September 28, 2018 Filing 82 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on September 21, 2018 before Judge Marco A. Hernandez, Court Reporter Dennis W. Apodaca, telephone number (. 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 10/5/2018. Redaction Request due 10/19/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/27/2018. (Apodaca, Dennis)
September 21, 2018 Filing 81 MINUTES of Proceedings: Hearing held regarding the parties' discovery dispute. The Court made rulings as stated on the record. Nathan C. Brunette present as counsel for plaintiff(s). David A. Casimir and Scott Davis present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Marco A. Hernandez presiding. (jp)
September 18, 2018 Opinion or Order Filing 80 Scheduling Order by Judge Marco A. Hernandez. A Telephone Conference regarding discovery issues is set for 9/21/2018 at 10:30AM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
July 19, 2018 Filing 79 Amended Joint Status Report and Stipulation to Dates. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
June 15, 2018 Filing 78 MINUTES of Proceedings: Discovery Hearing held. The Court heard the parties' arguments regarding the depositions at issue. The Court found at this time the information sought may be available from another source. If, following continued discovery, the information is not available, the parties shall notify the Court for further discussion on the issue. Brian C. Park and Nathan Brunette present as counsel for plaintiff(s). David A. Casimir and Todd M. Siegal present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
June 12, 2018 Opinion or Order Filing 77 Scheduling Order by Judge Marco A. Hernandez. Pursuant to Plaintiff's email request, a Discovery Hearing is set for 6/15/2018 at 11:00AM by Telephone before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
April 3, 2018 Filing 76 Joint ADR Report . Filed by Leupold & Stevens, Inc..(Brunette, Nathan)
March 21, 2018 Filing 75 Joint Report and Stipulation to Dates. Filed by Leupold & Stevens, Inc.. (Park, Brian)
March 20, 2018 Filing 74 MINUTES of Proceedings: Rule 16 Telephone Conference held. The Court ADOPTS the parties proposed schedule as stated on the record. In addition to the dates proposed, the Court sets the following schedule: Date by which to amend pleadings or add parties: 4/20/2018. Joint Alternate Dispute Resolution Report is due by 4/2/2018. Discovery is to be completed by 9/14/2018. Dispositive Motions are due by 10/5/2018. Oral Argument is set for 12/17/2018 at 01:30PM in Portland Courtroom 14B before Judge Marco A. Hernandez. Pretrial Conference is set for 4/8/2019 at 09:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. 15-day Jury Trial is set for 4/16/2018 at 09:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Brian C. Park and Kassim M. Ferris present as counsel for plaintiff(s). David A. Casimir and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
March 15, 2018 Opinion or Order Filing 73 Scheduling Order by Judge Marco A. Hernandez. A Rule 16 Telephone Conference is set for 3/20/2018 at 03:00PM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
March 5, 2018 Filing 72 Joint Status Report . Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
February 15, 2018 Filing 71 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Markman Hearing held on 1/8/2018 before Judge Marco A. Hernandez, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter 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 2/22/2018. Redaction Request due 3/8/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/16/2018. (Shumway, Bonita)
February 2, 2018 Filing 70 Answer to #68 Answer to Complaint, Counterclaim with Jury Demand . Filed by Leupold & Stevens, Inc.. (Park, Brian)
January 31, 2018 Filing 69 Opinion. The Court construes the disputed terms as stated. Signed on 1/31/2018 by Judge Marco A. Hernandez. (ecp)
January 19, 2018 Filing 68 Second Answer to Complaint with Jury Demand. Filer is subject to the requirements of Fed. R. Civ. P. 7.1 , Second Counterclaim Leupold & Stevens, Inc.. Filed by Lightforce USA, Inc.. (Siegel, Todd)
January 11, 2018 Filing 67 Notice of Filing Leupold & Stevens Markman Hearing Presentation Materials (Hearing January 8, 2018) Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
January 9, 2018 Filing 66 Notice re Motion Hearing Held,, 65 Nightforce's Slides Provided To The Court At Claim Construction Hearing Filed by Lightforce USA, Inc.. (Related document(s): Motion Hearing Held,, 65 .) (Attachments: #1 Exhibit A) (Davis, Scott)
January 8, 2018 Filing 65 MINUTES of Proceedings: A Markman hearing was held on the parties' claim construction briefs. The Court has taken under advisement those claim terms that were discussed at the hearing on 1/8/2018. The Rule 16 telephone conference scheduled for 2/12/2018 at 9:00AM has been cancelled. The Court will schedule a status conference after it issues an opinion on claim construction. Brian C. Park, Nathan Brunette and Kassim M. Ferris present as counsel for plaintiff(s). David A. Casimir and Scott E. Davis present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Marco A. Hernandez presiding. (jp)
January 5, 2018 Filing 64 Second Supplemental Complaint. Jury Trial Requested: Yes. Filed by Leupold & Stevens, Inc. against All Defendants (Attachments: #1 Exhibit 1, #2 Exhibit 2). (Williams, Elliott)
January 4, 2018 Filing 62 Joint Notice of Selected Terms for Claim Construction Hearing January 8 2018 Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
December 7, 2017 Filing 61 Notice Praecipe Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit 1 - Corrected Version of ECF 53-1, #2 Exhibit 2 - Corrected Version of ECF 53-19) (Ferris, Kassim)
December 6, 2017 Filing 60 Brief in Response to Defendant's Claim Construction Brief. Filed by Leupold & Stevens, Inc.. (Williams, Elliott)
December 6, 2017 Filing 59 Declaration of Elliott J. Williams in Support of Plaintiff's Motion for Claim Construction. Filed by All Plaintiffs. (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) (Williams, Elliott)
December 6, 2017 Filing 58 Brief Claim Construction Reply Brief. Filed by Lightforce USA, Inc.. (Siegel, Todd)
November 21, 2017 Filing 57 Declaration of Nathan Brunette . Filed by Leupold & Stevens, Inc.. (Related document(s): Reply to Motion #56 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Williams, Elliott)
November 21, 2017 Filing 56 Reply to Motion for Leave TO FILE SUPPLEMENTAL CLAIM FOR PATENT INFRINGEMENT BASED ON CERTIFICATES OF CORRECTION #46 Oral Argument requested. Filed by Leupold & Stevens, Inc.. (Williams, Elliott)
November 14, 2017 Opinion or Order Filing 55 ORDER: Granting Unopposed Motion for Extension of Time to File Response/Reply #47 . Response is due by 11/3/2017. Ordered by Judge Marco A. Hernandez. (pg)
November 8, 2017 Filing 54 Brief Plaintiff's Opening Claim Construction Brief. Filed by Leupold & Stevens, Inc.. (Williams, Elliott)
November 8, 2017 Filing 53 Declaration of Kassim Ferris in support of Plaintiff's Opening Claim Construction Brief. Filed by Leupold & Stevens, Inc.. (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, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32) (Williams, Elliott)
November 8, 2017 Filing 52 Brief Defendant's Opening Claim Construction. Filed by Lightforce USA, Inc.. (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, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43) (Davis, Scott)
November 7, 2017 Opinion or Order Filing 51 ORDER: Granting Motion to File Excess Pages #48 . Ordered by Judge Marco A. Hernandez. (jp)
November 3, 2017 Filing 50 Declaration of Hope Coleman In Support Of Lightforce USA, Inc.'s Opposition To Plaintiff's Motion For Leave To File Supplemental Claim For Patent Infringement Based On Certificates of Correction. Filed by Lightforce USA, Inc.. (Related document(s): Response in Opposition to Motion #49 .) (Siegel, Todd)
November 3, 2017 Filing 49 Response in Opposition to Motion for Leave TO FILE SUPPLEMENTAL CLAIM FOR PATENT INFRINGEMENT BASED ON CERTIFICATES OF CORRECTION #46 . Filed by Lightforce USA, Inc.. (Siegel, Todd)
November 2, 2017 Filing 48 Stipulated Motion to File Excess Pages in Claim Construction Briefs. Filed by Leupold & Stevens, Inc.. (Williams, Elliott)
October 27, 2017 Filing 47 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Leave TO FILE SUPPLEMENTAL CLAIM FOR PATENT INFRINGEMENT BASED ON CERTIFICATES OF CORRECTION #46 . Filed by Lightforce USA, Inc.. (Davis, Scott)
October 13, 2017 Filing 46 Motion for Leave TO FILE SUPPLEMENTAL CLAIM FOR PATENT INFRINGEMENT BASED ON CERTIFICATES OF CORRECTION. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Williams, Elliott)
September 29, 2017 Filing 45 Joint Notice Joint Markman Claim Construction Chart (Counts 1-8) and Stipulations Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
August 1, 2017 Filing 44 MINUTES of Proceedings: Rule 16 Telephone Conference held. The Court ADOPTS Defendant Nightforce's Proposed Case Schedule set forth in ECF #40 . The Claim Construction Hearing set for 11/28/2017 is RESET to 1/8/2018 at 10:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Brian C. Park and Kassim M. Ferris present as counsel for plaintiff(s). David A. Casimir and Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
July 24, 2017 Filing 43 Answer to Answer #41 and Defenses to Defendant's Supplemental Counterclaims. Filed by Leupold & Stevens, Inc.. (Related document(s): Answer #41 .) (Park, Brian)
July 18, 2017 Opinion or Order Filing 42 Scheduling Order by Marco A. Hernandez: Upon agreement of counsel, a Rule 16 Conference is SET for 8/1/2017 at 2:00PM by telephone before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference at or shortly after the appointed time. The Court grants in part the Joint Motion for Extension of Discovery & PTO Deadlines for Count VIII #40 . All deadlines past and present are extended to the date of the Rule 16 Conference. All other deadlines will be discussed and set accordingly at the Rule 16 Conference. Ordered by Judge Marco A. Hernandez. (jp)
July 11, 2017 Filing 41 Answer to Supplemental Complaint #37 and Defendant's Supplemental Counterclaims. Filed by Lightforce USA, Inc.. (Related document(s): Supplemental Complaint #37 .) (Davis, Scott)
July 11, 2017 Filing 40 Joint Motion for Extension of Discovery & PTO Deadlines JOINT MOTION TO REVISE CASE SCHEDULE FOR COUNT VIII. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
July 7, 2017 Filing 39 Notice of Appearance of Todd M. Siegel appearing on behalf of Lightforce USA, Inc. Filed by on behalf of Lightforce USA, Inc. (Siegel, Todd)
June 28, 2017 Filing 38 Clerk's Notice of Docket Correction regarding #37 Supplemental Complaint. The PDF attached to this entry at filing was incorrect. The document was not text searchable. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (sss)
June 27, 2017 Filing 37 Supplemental Complaint. for Patent Infringement Jury Trial Requested: Yes. Filed by Leupold & Stevens, Inc. against Lightforce USA, Inc. (Attachments: #1 Exhibit 1). (Park, Brian) (Attachment 1 replaced on 6/28/2017) (sss).
June 27, 2017 Opinion or Order Filing 36 ORDER: Granting Leupold's Motion for Leave to file First Supplemental Complaint #35 . Ordered by Judge Marco A. Hernandez. (jp)
June 22, 2017 Filing 35 Stipulated Motion for Leave to File Supplemental Claim. Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit A) (Park, Brian)
May 18, 2017 Filing 34 Answer to #31 Answer to Amended Complaint, Counterclaim . Filed by Leupold & Stevens, Inc.. (Park, Brian)
May 8, 2017 Opinion or Order Filing 33 ORDER: Denying Stipulated Motion To Establish Revised Case Schedule #29 . Ordered by Judge Marco A. Hernandez. (jp)
May 8, 2017 Opinion or Order Filing 32 ORDER: Granting Stipulated Motion To Establish Revised Case Schedule #30 . Ordered by Judge Marco A. Hernandez. (jp)
May 4, 2017 Filing 31 Answer to #28 Amended Complaint with Jury Demand And, Amended Counterclaim Against Leupold & Stevens, Inc.. Filed by Lightforce USA, Inc.. (Davis, Scott)
May 2, 2017 Filing 30 Stipulated Motion to Establish Revised Case Schedule. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
April 26, 2017 Filing 29 Stipulated Motion to Establish Revised Case Schedule. Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
April 20, 2017 Filing 28 First Amended Complaint . Filed by Leupold & Stevens, Inc. against Lightforce USA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7). (Brunette, Nathan)
April 20, 2017 Opinion or Order Filing 27 ORDER: Granting Motion for Leave to File Amended Complaint #26 . Amended Complaint is due 4/27/2017. Ordered by Judge Marco A. Hernandez. (jp)
April 19, 2017 Filing 26 Stipulated Motion for Leave to File Amended Complaint/Petition . Filed by Leupold & Stevens, Inc.. (Attachments: #1 Exhibit A) (Brunette, Nathan)
February 7, 2017 Filing 25 MINUTES of Proceedings: Scheduling Conference held. The Court adopts the deadlines set forth in the parties' Joint Rule 26(f) Report and Discovery Plan #18 . Claim Construction Hearing is set for 11/28/2017 at 09:30AM in Portland Courtroom 14B before Judge Marco A. Hernandez. The Court anticipates issuing a ruling on the Claim Construction no later than 2/1/2018. A further Rule 16 telephone conference is set for 2/12/2018 at 09:00AM before Judge Marco A. Hernandez. Conference number to be provided separately to counsel. Brian C. Park, Kassim M. Ferris, Nathan C. Brunette present as counsel for plaintiff(s). David A. Casimir, Scott E. Davis present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp)
February 3, 2017 Opinion or Order Filing 24 Stipulated Protective Order Governing Discovery regarding Motion for Protective Order ([Proposed] Stipulated Protective Order Governing Discovery) #19 . Signed on 2/3/2017 by Judge Marco A. Hernandez. (jp)
January 31, 2017 Opinion or Order Filing 23 Scheduling Order by Marco A. Hernandez: Upon agreement of counsel, a Rule 16 Conference is SET for 2/7/2017 at 04:00PM by telephone before Judge Marco A. Hernandez to discuss the parties' Proposed Joint Case Management Schedule #18 . The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. (jp)
January 23, 2017 Filing 22 Notification of CM/ECF Account for David A. Casimir (Pro Hac Vice admission). Your login is: dacasimir. Go to #the CM/ECF login page to set your password. (ecp)
January 23, 2017 Opinion or Order Filing 21 ORDER: Granting Application for Special Admission Pro Hac Vice of David A. Casimir for Lightforce USA, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4875792 issued. Signed on 1/24/2017 by Judge Marco A. Hernandez. (ecp)
January 19, 2017 Filing 20 Motion for Leave to Appear Pro Hac Vice for Attorney David A. Casimir . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4875792. Filed by Lightforce USA, Inc.. (Davis, Scott)
January 18, 2017 Filing 19 Motion for Protective Order ([Proposed] Stipulated Protective Order Governing Discovery). Filed by Leupold & Stevens, Inc.. (Ferris, Kassim)
January 18, 2017 Filing 18 Proposed Joint Case Management Schedule (Joint Rule 26(f) Report and Discovery Plan). Filed by Leupold & Stevens, Inc.. (Park, Brian)
December 30, 2016 Filing 17 Answer to Answer to Complaint, Counterclaim #15 (Plaintiff's Answer and Defenses to Counterclaims). Filed by Leupold & Stevens, Inc.. (Related document(s): Answer to Complaint, Counterclaim #15 .) (Park, Brian)
December 6, 2016 Filing 16 Corporate Disclosure Statement . Filed by Lightforce USA, Inc.. (Davis, Scott)
December 6, 2016 Filing 15 Answer to #1 Complaint,, with Jury Demand Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Counterclaim Leupold & Stevens, Inc.. Filed by Lightforce USA, Inc.. (Davis, Scott)
November 14, 2016 Opinion or Order Filing 14 ORDER: Granting Motion for Extension of Time to file an Answer to Plaintiff's Complaint #13 . Answer is due by 12/6/2016. Ordered by Judge Marco A. Hernandez. (jp)
November 11, 2016 Filing 13 Unopposed Motion for Extension of Time to Answer Complaint,, #1 . Filed by Lightforce USA, Inc.. (Davis, Scott)
October 28, 2016 Opinion or Order Filing 12 ORDER: Granting Motion for Extension of Time #8 . Discovery is to be completed by 3/1/2017. Joint Alternate Dispute Resolution Report is due by 4/3/2017. Pretrial Order is due by 4/3/2017. Ordered by Judge Marco A. Hernandez. (kms)
October 27, 2016 Opinion or Order Filing 11 ORDER: Granting Application for Special Admission Pro Hac Vice of Brian C. Park for Leupold & Stevens, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4796960 issued. Signed on 10/27/2016 by Judge Marco A. Hernandez. (ecp)
October 26, 2016 Filing 10 Affidavit of Service Return of Service Executed as to Lightforce USA, Inc. served on 10/25/2016, answer due on 11/15/2016. (Park, Brian)
October 26, 2016 Filing 9 Motion for Leave to Appear Pro Hac Vice for Attorney Brian C. Park . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4796960. Filed by Leupold & Stevens, Inc.. (Ferris, Kassim)
October 26, 2016 Filing 8 Unopposed Motion for Extension of Time . Filed by Leupold & Stevens, Inc.. (Brunette, Nathan)
October 11, 2016 Filing 7 Summons Issued Electronically as to Lightforce USA, 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. (ecp)
August 3, 2016 Filing 6 Patent Report (2 of 2): This report is submitted pursuant to 35 U.S.C. section 290, 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. If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent. (dsg)
August 3, 2016 Filing 5 Patent Report (1 of 2): This report is submitted pursuant to 35 U.S.C. section 290, 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. If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent.. (dsg)
August 3, 2016 Opinion or Order Filing 4 Notice of Case Assignment to Judge Marco A. Hernandez 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 12/1/2016. Joint Alternate Dispute Resolution Report is due by 1/3/2017. Pretrial Order is due by 1/3/2017. Ordered by Judge Marco A. Hernandez. (dsg)
August 2, 2016 Filing 3 Report on the Filing of a Patent Case. Filed by Leupold & Stevens, Inc.. (Ferris, Kassim)
August 2, 2016 Filing 2 Corporate Disclosure Statement . Filed by Leupold & Stevens, Inc.. (Ferris, Kassim)
August 2, 2016 Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4704342 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included patents/trademarks: 8006429--8/30/2011--Leupold & Stevens, Inc., 8516736--8/27/2013--Leupold & Stevens, Inc., 9188408--11/17/2015--Leupold & Stevens, Inc., 9170068--10/27/2015--Leupold & Stevens, Inc., 6816305--11/9/2004--Leupold & Stevens, Inc.. Filed by Leupold & Stevens, Inc. against Lightforce USA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Summons, #8 Civil Cover Sheet). (Ferris, Kassim)

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Plaintiff: Leupold & Stevens, Inc.
Represented By: Brian C. Park
Represented By: Kassim M. Ferris
Represented By: Elliott J. Williams
Represented By: Nathan C. Brunette
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Defendant: Lightforce USA, Inc.
Represented By: Scott E. Davis
Represented By: David A. Casimir
Represented By: Todd M. Siegel
Represented By: J. Christopher Carraway
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