Frito-Lay North America, Inc. v. Medallion Foods, Inc. et al
Frito-Lay North America, Inc. |
Medallion Foods, Inc. and RALCORP Holdings, Inc. |
4:2012cv00074 |
February 10, 2012 |
US District Court for the Eastern District of Texas |
Sherman Office |
Collin |
Amos L. Mazzant |
Michael H. Schneider |
Trademark |
15 U.S.C. § 1051 |
Plaintiff |
Docket Report
This docket was last retrieved on July 3, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 326 ORDER DISMISSING CASE WITH PREJUDICE re 325 Stipulation of Dismissal filed by Medallion Foods, Inc., Frito-Lay North America, Inc. Signed by Magistrate Judge Amos L. Mazzant on 4/4/14. (cm, ) |
Filing 325 STIPULATION of Dismissal by Frito-Lay North America, Inc., Medallion Foods, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 324 ORDER granting 323 Agreed Motion to Stay. It is ORDERED that this matter is stayed for a period of thirty (30) days to permit the parties to attempt to reduce settlement proposals to a final agreement. Signed by Magistrate Judge Amos L. Mazzant on 3/14/14. (cm, ) |
Filing 323 Agreed MOTION to Stay MOTION TO EXTEND TEMPORARY STAY by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 322 ORDER GRANTING AGREED MOTION TO EXTEND TEMPORARY STAY granting 321 Motion to Stay. Accordingly, it is ORDERED that this matter is stayed for a period of thirty (30) days to permit the parties to attempt to reduce settlement proposals to a final agreement. Signed by Magistrate Judge Amos L. Mazzant on 2/11/14. (cm, ) |
Filing 321 Agreed MOTION to Stay MOTION TO EXTEND TEMPORARY STAY by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 320 ORDER granting 319 Motion to Stay. It is ORDERED that this matter is stayed for a period of thirty (30) days to permit the parties to attempt to reduce settlement proposals to a final agreement. Signed by Magistrate Judge Amos L. Mazzant on 1/13/14. (cm, ) |
Filing 319 Agreed MOTION to Stay MOTION TO EXTEND TEMPORARY STAY by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 318 ORDER granting 317 Motion to Stay. Signed by Magistrate Judge Amos L. Mazzant on 12/16/13. (cm, ) |
Filing 317 Agreed MOTION to Stay MOTION TO EXTEND TEMPORARY STAY by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 316 ORDER granting 315 Motion to Withdraw as Attorney. Attorney Timothy D Krieger terminated. Signed by Magistrate Judge Amos L. Mazzant on 12/2/13. (cm, ) |
Filing 315 Unopposed MOTION to Withdraw as Attorney and Request for Termination of Electronic Notices by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Krieger, Timothy) |
Filing 314 ORDER GRANTING AGREED MOTION TO EXTEND TEMPORARY STAY granting 313 Motion to Stay. Accordingly, it is ORDERED that this matter is stayed for a period of thirty (30) days to permit the parties to attempt to reduce settlement proposals to a final agreement. Signed by Magistrate Judge Amos L. Mazzant on 11/15/13. (cm, ) |
Filing 313 Agreed MOTION to Stay re 312 Order on Motion to Stay, MOTION TO EXTEND TEMPORARY STAY by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 312 ORDER granting 311 Motion to Stay. Accordingly, it is ORDERED that this matter is stayed for a period of thirty (30) days to permit the parties toattempt to reduce settlement proposals to a final agreement. Signed by Magistrate Judge Amos L. Mazzant on 10/18/13. (cm, ) |
Filing 311 Agreed MOTION to Stay re 310 Order on Motion to Stay, (MOTION TO EXTEND TEMPORARY STAY) by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 310 ORDER granting 309 Motion to Stay. Accordingly, it is ORDERED that this matter is stayed for a period of sixty (60) days to permit the parties to attempt to reduce settlement proposals to a final agreement. Signed by Magistrate Judge Amos L. Mazzant on 8/19/13. (cm, ) |
Filing 309 Agreed MOTION to Stay by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 308 Redaction of 278 Transcript of afternoon session of 2/28/13. (ehs, ) |
Filing 307 Redaction of 273 Transcript of 2/25/13 afternoon session. (ehs, ) |
Filing 306 Redaction of 271 Transcript of 2/15/13 afternoon session. (ehs, ) |
Filing 305 Redaction of 270 Transcript of morning session 2/15/13. (ehs, ) |
Filing 304 Redaction of 266 Transcript, morning session of 2/13/13. (ehs, ) |
Filing 303 Redaction of 265 Transcript Afternoon session of 2/12/13. (ehs, ) |
Filing 302 Redaction of 264 Transcript Morning session 2-12-13. (ehs, ) |
Filing 301 ORDER granting 299 Unopposed Motion to Seal Certain Exhibits and Portions of Trial Transcript. Signed by Magistrate Judge Amos L. Mazzant on 6/18/13. (cm, ) |
Filing 300 SUR-REPLY to Reply to Response to Motion re 288 SEALED MOTION for New Trial filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Ward, Thomas) |
Filing 299 Unopposed SEALED PATENT MOTION Plaintiff's Unopposed Motion to Seal Certain Exhibits and Portions of the Trial Transcript) by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 298 SEALED PATENT REPLY to Response to PATENT Motion re 288 SEALED MOTION for New Trial filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 297 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 285 SEALED MOTION FOR ATTORNEYS' FEES filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 296 RESPONSE in Opposition re 288 SEALED MOTION for New Trial filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Harlan, David) |
Filing 295 SEALED REPLY to Response to Motion re 285 SEALED MOTION FOR ATTORNEYS' FEES filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Affidavit Declaration of Scott Eidson, # 2 Exhibit 1 to Eidson Decl., # 3 Exhibit 2 to Eidson Decl., # 4 Exhibit 3 to Eidson Decl., # 5 Affidavit Declaration of T. John Ward, Jr., # 6 Exhibit 1 to Ward Decl., # 7 Text of Proposed Order)(Hill, Jack) |
Filing 294 SEALED ADDITIONAL ATTACHMENTS to Main Document: 291 Sealed Response to Motion,. (Attachments: # 1 Exhibit 5 (Floros Depo. Tr.), # 2 Exhibit 6 (April 2012 Presentation), # 3 Exhibit 7 (Catalog), # 4 Exhibit 8 (Fink Depo. Tr.))(Durst, Timothy) |
Filing 293 SEALED ADDITIONAL ATTACHMENTS to Main Document: 291 Sealed Response to Motion,. (Durst, Timothy) |
Filing 292 SEALED ADDITIONAL ATTACHMENTS to Main Document - Exhibit 3: 291 Sealed Response to Motion,. (Durst, Timothy) Modified on 5/7/2013 (cm, ). |
Filing 291 SEALED RESPONSE to Motion re 285 SEALED MOTION FOR ATTORNEYS' FEES filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit 1 (Atkins Depo. Tr.), # 2 Exhibit 2 (Wheelock Depo. Tr.), # 3 Text of Proposed Order)(Durst, Timothy) |
Filing 290 ORDER granting 289 Motion for Leave to File Excess Pages. Frito-Lays Motion for New Trial, and Defendants response thereto, may each exceed the page limits in the Local Rules by four pages, excluding attachments; neitherFrito-Lays Motion for New Trial nor any response by Defendants shall exceed nineteen pages, excluding attachments. Signed by Magistrate Judge Amos L. Mazzant on 5/4/13. (cm, ) |
Filing 289 Unopposed MOTION for Leave to File Excess Pages for FLNA's Motion for New Trial by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 288 SEALED MOTION for New Trial by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Wheelock deposition excerpts, # 2 Exhibit B - Atkins deposition excerpts, # 3 Exhibit Non-infringement Presentation, # 4 Text of Proposed Order)(Durst, Timothy) |
Filing 287 BILL OF COSTS by Medallion Foods, Inc., RALCORP Holdings, Inc.. Costs Taxed in the amount of $132,013.32. (cm, ) |
Filing 286 SEALED ADDITIONAL ATTACHMENTS to Main Document: 285 SEALED MOTION FOR ATTORNEYS' FEES. (Attachments: # 1 Exhibit Ex. 1 part 1 to Eidson Decl., # 2 Exhibit Ex. 1 part 2 to Eidson Decl.)(Hill, Jack) |
Filing 285 SEALED MOTION FOR ATTORNEYS' FEES by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Affidavit Declaration of B. Scott Eidson, # 2 Exhibit Ex. 2 to Eidson Decl., # 3 Exhibit Ex. 3 to Eidson Decl., # 4 Exhibit Ex. 4 to Eidson Decl., # 5 Exhibit Ex. 5 to Eidson Decl., # 6 Exhibit Ex. 6 to Eidson Decl., # 7 Affidavit Declaration of T. John Ward, Jr., # 8 Exhibit Ex. 1 to Ward Decl., # 9 Exhibit Ex. 2 to Ward Decl., # 10 Text of Proposed Order)(Hill, Jack) (Additional attachment(s) added on 4/19/2013: # 11 Certificate of Conference) (cm, ). |
Filing 284 PROPOSED BILL OF COSTS filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Declaration of Timothy Krieger, # 2 Exhibit Service costs support, # 3 Exhibit Transcripts costs support Part 1, # 4 Exhibit Transcripts costs support Part 2, # 5 Exhibit Transcripts costs support Part 3, # 6 Exhibit Witnesses, # 7 Exhibit Exemplification and copies costs support, # 8 Exhibit Court appointed expert costs support)(Krieger, Timothy) |
Filing 283 FINAL JUDGMENT in favor of Medallion Foods, Inc., RALCORP Holdings, Inc. against Frito-Lay North America, Inc.. Signed by Magistrate Judge Amos L. Mazzant on 4/4/13. All pending motions are denied as moot. Costs of court are taxed against Plaintiff. (cm, ) |
Filing 282 REPLY to Response to Motion re 280 Opposed MOTION for Entry of Final Judgment on Jury Verdict filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A -- Example Judgments)(Hill, Jack) |
Filing 281 RESPONSE in Opposition re 280 Opposed MOTION for Entry of Final Judgment on Jury Verdict filed by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 280 Opposed MOTION for Entry of Final Judgment on Jury Verdict by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order Final Judgment)(Hill, Jack) |
Filing 279 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/29/13 Jury Notes & Verdict before Judge Amos Mazzant. Court Reporter/Transcriber: Melissa Carson, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/28/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 277 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/27/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 276 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/27/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/26/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 274 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/26/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/25/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 272 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/25/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 271 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/15/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 270 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/15/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 269 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/14/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 268 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/14/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 267 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/13/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 266 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/113/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 265 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/12/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 264 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/12/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 263 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/11/13 Afternoon Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 262 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/11/13 Morning Session before Judge Amos Mazzant. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (lss, ) |
Filing 261 Defendants' Trial Exhibit List. (dm, ) |
Filing 260 Plaintiff's Trial Exhibit List. (dm, ) |
Filing 259 Trial Witness List. (dm, ) (dm, ). |
Filing 258 Sealed Document: VERDICT OF THE JURY (Foreperson signature) (dm, ) |
Filing 257 VERDICT OF THE JURY. (dm, ) |
Filing 256 SEALED Jury Notes. (dm, ) |
Filing 255 Jury Charge. (dm, ) |
Filing 254 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Jury Trial completed on 3/1/2013. (Court Reporter Judy Werlinger.) (dm, ) |
Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Jury Trial held on 2/28/2013. (Court Reporter Judy Werlinger.) (dm, ) |
Filing 246 Proposed Jury Instructions by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 245 SEALED PATENT MOTION (Plaintiff's JMOL) by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 244 Proposed Jury Instructions by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 243 ORDER granting 242 Motion for Judgment as a Matter of Law. It is therefore ORDERED that Plaintiff be granted judgment on all claims and defenses by Defendants regarding Plaintiffs abandonment of its trade dress in the Tostitos SCOOPS! chip design. Signed by Magistrate Judge Amos L. Mazzant on 2/28/13. (cm, ) |
Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Jury Trial held on 2/27/2013. (Court Reporter Judy Werlinger) (dm, ) |
Filing 242 MOTION for Judgment as a Matter of Law (Abandonment of Trade Dress in Tostitos SCOOPS! Chip Design) by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 253 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Jury Trial held on 2/26/2013. (Court Reporter Judy Werlinger) (dm, ) |
Filing 241 SEALED RESPONSE to Motion re 239 MOTION to Exclude Evidence of Patent Marking filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Eidson, B) |
NOTICE of Deficiency regarding 240, Sealed Response, submitted by Medallion Foods, Inc., RALCORP Holdings, Inc.. Not filed in compliance with LR CV-5(a)(7) regarding the filing of sealed documents. Correction should be made by one business day. (cm, ) |
Filing 252 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Jury Trial held on 2/25/2013. (Court Reporter Judy Werlinger) (dm, ) |
Filing 240 ***DEFICIENT. TO BE REFILED. PLEASE IGNORESEALED RESPONSE to Motion re 239 MOTION to Exclude Evidence of Patent Marking filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1)(Eidson, B) Modified on 2/26/2013 (cm, ). |
Filing 239 MOTION to Exclude Evidence of Patent Marking by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 238 Second Amended Proposed Jury Instructions by Frito-Lay North America, Inc.. (Durst, Timothy) Modified on 2/22/2013 (cm, ). |
Filing 237 Proposed Jury Instructions by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 236 SEALED Letter Brief filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 235 Exhibit List Second Amended Exhibit List by Medallion Foods, Inc., RALCORP Holdings, Inc... (Hill, Jack) |
Filing 234 ORDER. The Court finds that Plaintiffs request to withdraw its motion in limine item number 4 is GRANTED. Signed by Magistrate Judge Amos L. Mazzant on 2/12/13. (cm, ) |
Filing 233 NOTICE by Medallion Foods, Inc., RALCORP Holdings, Inc. re 216 Exhibit List Defendants' Objections to Plaintiff's Amended Trial Exhibits (Ward, Thomas) |
Filing 232 NOTICE by Frito-Lay North America, Inc. (Plaintiff's Notice of Filing Requested Revisions to the Preliminary Jury Instructions) (Attachments: # 1 Exhibit A - Plaintiff's Written Requested Revisions to Preliminary Jury Instructions)(Durst, Timothy) |
Filing 231 ORDER DENYING DEFENDANTS EMERGENCY MOTION FOR CLARIFICATION AND TO COMPEL SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 5 denying 224 Sealed Motion. Signed by Magistrate Judge Amos L. Mazzant on 2/11/13. (cm, ) |
Filing 230 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Hearing held on 2/8/2013 before Judge Mazzant. Court Reporter/Transcriber: David Maxwell,Telephone number: 903/892-8634. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2013. Redacted Transcript Deadline set for 3/18/2013. Release of Transcript Restriction set for 5/16/2013. (pad, ) |
Filing 229 COURTROOM SPECTATOR CONFIDENTIALITY ORDER AND UNDERTAKING. Signed by Magistrate Judge Amos L. Mazzant on 2/11/13. (tls, ) |
Filing 228 SEALED ORDER re Item 4 on 199 SEALED MOTION OMNIBUS MOTION IN LIMINE filed by Medallion Foods, Inc., RALCORP Holdings, Inc., finding that Item 4 is granted in part and denied in part. Signed by Magistrate Judge Amos L. Mazzant on 2/11/13. (tls, ) Modified on 2/11/2013 (cm, ). |
Filing 226 SEALED PATENT RESPONSE to SEALED PATENT MOTION re 224 SEALED MOTION filed by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 225 ***FILED IN ERROR. DOCKETED WITH #224. PLEASE IGNORE.*** SEALED ADDITIONAL ATTACHMENTS to Main Document: 224 SEALED MOTION. (Ward, Thomas) Modified on 2/11/2013 (cm, ). |
Filing 224 SEALED MOTION by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ward, Thomas) (Additional attachment(s) added on 2/11/2013: # 3 Supplemental Certificate of Conference) (cm, ). (Additional attachment(s) added on 2/11/2013: # 4 Text of Proposed Order) (cm, ). |
Filing 227 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Final Pretrial Conference held on 2/8/2013. (Court Reporter D. Maxwell.) (dm, ) |
Sealed orders 219 and 220 e-mailed to Lead Attorneys. (cm, ) |
Filing 223 SEALED Letter Brief filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 222 ORDER GRANTING, AS MODIFIED, 218 Motion in Limine (Plaintiff's Supplemental). Signed by Magistrate Judge Amos L. Mazzant on 2/8/13. (tls, ) |
Filing 221 Additional ORDER re 201 SEALED PATENT MOTION (Frito-lay's Motion in Limine). After further consideration, item 7 in Plaintiff's motion in limine should be granted in part and denied in part. Signed by Magistrate Judge Amos L. Mazzant on 2/8/13. (tls, ) |
Filing 218 Supplemental MOTION in Limine by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 217 JOINT FINAL PRE-TRIAL ORDER. Signed by Magistrate Judge Amos L. Mazzant on 2/8/13. (cm, ) |
Filing 216 Exhibit List (Frito-Lay's Amended Trial Exhibit List) by Frito-Lay North America, Inc... (Durst, Timothy) |
Filing 215 RESPONSE to 196 Proposed Pretrial Order,, (Objections to Frito-Lay's Video Deposition Counter-Designations) filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 214 ORDER denying 190 Motion for Leave to File Daubert Motion. Signed by Magistrate Judge Amos L. Mazzant on 2/4/13. (cm, ) |
Filing 213 RESPONSE to 196 Proposed Pretrial Order,, (Frito-Lay's Objections to Defendants' Exhibit List) filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 212 RESPONSE to 196 Proposed Pretrial Order,, (Frito-Lay's Amended Objections to Defendants' Deposition Designations) filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 211 Proposed Jury Instructions by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 210 Proposed Jury Instructions by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 209 SEALED PATENT RESPONSE to SEALED PATENT MOTION re 199 SEALED MOTION OMNIBUS MOTION IN LIMINE filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - FLNA's Supplemental Discovery Response, # 2 Exhibit B - Depo excerpt - Quintanar-Guzman, # 3 Exhibit C - Depo excerpt - Atkins, # 4 Exhibit D - Expert Report of John Floros, PhD, # 5 Exhibit E - Depo excerpt - Vickery, # 6 Exhibit F - Depo excerpt - Lane, # 7 Exhibit G - Depo excerpt - Green, # 8 Exhibit H - Depo excerpt - Westervelt, # 9 Exhibit I - Depo excerpt - Koulouris, # 10 Exhibit J - Depo excerpt - Price, # 11 Exhibit K - QFab Email, # 12 Exhibit L - Depo excerpt - Trowbridge, # 13 Exhibit M - Depo excerpt - Bender, # 14 Text of Proposed Order)(Durst, Timothy) |
Filing 208 Witness List by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 207 RESPONSE to 196 Proposed Pretrial Order,, (Amended Objections to Plaintiff's Video Deposition Designations) filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 206 RESPONSE to 196 Proposed Pretrial Order,, (Objections to Plaintiff's Trial Exhibits) filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 205 Exhibit List Amended Exhibit List by Medallion Foods, Inc., RALCORP Holdings, Inc... (Hill, Jack) |
Filing 204 SEALED RESPONSE to Motion re 201 SEALED PATENT MOTION (Frito-lay's Motion in Limine) SEALED PATENT MOTION (Frito-lay's Motion in Limine) SEALED PATENT MOTION (Frito-lay's Motion in Limine) filed by Medallion Foods, Inc., RALCORP Holdings, 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)(Hill, Jack) (Additional attachment(s) added on 2/5/2013: # 14 Text of Proposed Order) (cm, ). |
Filing 203 CORPORATE DISCLOSURE STATEMENT filed by Medallion Foods, Inc., RALCORP Holdings, Inc. identifying Corporate Parent ConAgra Foods, Inc. for Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 202 NOTICE by Frito-Lay North America, Inc. Notice of Stipulation (Attachments: # 1 Exhibit Stipulation regarding Con-Agra)(Durst, Timothy) |
Filing 201 SEALED PATENT MOTION (Frito-lay's Motion in Limine) by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - E-mail from Counsel, # 2 Exhibit B - Excerpts from the deposition of Wheelock, # 3 Exhibit C - Excerpts from the deposition of Atkins, # 4 Exhibit D - E-mail from Counsel, # 5 Exhibit E - Excerpts from the deposition of Bender, # 6 Exhibit F - Excerpts from the deposition of Koulouris, # 7 Exhibit G - Excerpts from the deposition of Dr. Quintanar-Guzman, # 8 Exhibit H - Excerpts from the deposition of Nawrocki, # 9 Exhibit I - Excerpts from the deposition of Shukla, # 10 Text of Proposed Order)(Durst, Timothy) |
Filing 200 SEALED MOTION Daubert Motion to exclude the testimony of Damages Expert Scott D. Phillips by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1 - Phillips Damages Report, # 2 Text of Proposed Order)(Ward, Thomas) |
Filing 199 SEALED MOTION OMNIBUS MOTION IN LIMINE by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1 - Plaintiff's Resp. to Ralcorps 2nd Set of Interrogs, # 2 Exhibit 2 - Okos Expert Report, # 3 Exhibit 3 - Plaintiff's Supp. Resp. to Ralcorp Interrog No. 5, # 4 Exhibit 4 - Plaintiff's 2nd Supp. Resp. to Ralcorp Interrog. No. 5, # 5 Exhibit 5 - Opinions of Counsel, # 6 Exhibit 6 - Defendants' Motion for Summary Judgment on Non-Infringement, # 7 Exhibit 7 - Excerpts from M. Vickery Dep. Tr., # 8 Exhibit 8 - Excerpts from E. Allen Dep., # 9 Exhibit 9 - Visser Report, # 10 Exhibit 10 - Excerpts from Richard Koulouris Dep. Tr., # 11 Text of Proposed Order)(Ward, Thomas) |
Filing 198 ORDER REGARDING EXHIBITS. Signed by Magistrate Judge Amos L. Mazzant on 1/25/13. (cm, ) |
Filing 197 RESPONSE in Opposition re 190 Opposed MOTION for Leave to File Daubert Motion filed by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 196 Proposed Pretrial Order (Joint Final Pre-Trial Order) by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A - Plaintiff's Witness List, # 2 Exhibit B - Plaintiff's Deposition Designations, # 3 Exhibit C - Defendants' Witness List, # 4 Exhibit D - Defendants' Deposition Designations, # 5 Exhibit E - Defendants' Designation of Discovery Responses, # 6 Exhibit F - Plaintiff's Exhibit List, # 7 Exhibit G - Defendants' Exhibit List)(Durst, Timothy) |
Filing 195 ORDER granting 194 Motion to Amend/Correct. Signed by Magistrate Judge Amos L. Mazzant on 1/22/13. (cm, ) |
Set/Reset Scheduling Order Deadlines: Final Pretrial Conference set for 2/8/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. Jury Selection and Trial set for 2/11/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. Motions in Limine due by 1/25/2013. Proposed Pretrial Order due by 1/22/2013. (cm, ) |
Filing 194 Agreed MOTION to Amend/Correct 77 Scheduling Order, Set Deadlines/Hearings,,,, by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 193 NOTICE by Frito-Lay North America, Inc. (Stipulation re: trial evidence) (Attachments: # 1 Appendix Stipulation re: exhibits/authenticity)(Durst, Timothy) |
Filing 192 ORDER DENYING FRITO-LAYS MOTION TO EXCLUDE SUPPLEMENTAL EXPERT DISCLOSURE re 182 SEALED PATENT MOTION to Exclude Defendants' Untimely Expert Disclosure - Dr. Quintinar-Guzman filed by Frito-Lay North America, Inc.. Signed by Magistrate Judge Amos L. Mazzant on 1/14/13. (cm, ) |
Filing 191 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Telephone Conference held on 1/11/2013. (Court Reporter Digital, D. McCord.) (dm, ) |
Filing 190 Opposed MOTION for Leave to File Daubert Motion by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 189 ORDER granting 186 Motion for Reconsideration re 185 Order on Sealed Patent Motion. The Court GRANTS the motion for reconsideration and will reconsider the motion to exclude on the merits after consideration of Defendants response. Signed by Magistrate Judge Amos L. Mazzant on 1/8/13. (cm, ) |
Filing 188 MEMORANDUM AND OPINION, ORDER Granting in Part Denying in Part re 129 SEALED PATENT MOTION Motion for Summary Judgment on Defendants' Sale or Public Use Affirmative Defenses and Counterclaims filed by Frito-Lay North America, Inc.. Signed by Magistrate Judge Amos L. Mazzant on 1/8/13. (cm, ) |
NOTICE of Hearing: Final Pretrial Conference set for Friday 2/8/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. (tls, ) |
Filing 187 SEALED RESPONSE to Motion re 182 SEALED PATENT MOTION to Exclude Defendants' Untimely Expert Disclosure - Dr. Quintinar-Guzman filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1 - Quintanar-Guzman Dep. Tr. excerpts, # 2 Exhibit 2 - Nawrocki Report excerpts)(Hill, Jack) (Additional attachment(s) added on 1/8/2013: # 3 Text of Proposed Order) (cm, ). |
Filing 186 MOTION for Reconsideration re 185 Order on Sealed Patent Motion by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit Exhibit 1 - Sealed Document Service Email, # 2 Text of Proposed Order)(Hill, Jack) |
Filing 185 ORDER GRANTING PLAINTIFFS MOTION TO EXCLUDE DEFENDANTS UNTIMELY EXPERT DISCLOSURE granting 182 Sealed Patent Motion. Signed by Magistrate Judge Amos L. Mazzant on 1/7/13. (cm, ) |
Filing 184 MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON COUNTS 1, 2, 3, 5, 6, 9, AND COUNTERCLAIM 1 re 101 SEALED MOTION for Summary Judgment filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. Signed by Magistrate Judge Amos L. Mazzant on 1/4/13. (cm, ) |
Filing 183 ANSWER to 90 Amended Complaint, Counts Seven, Eight, Ten and Eleven by Medallion Foods, Inc., RALCORP Holdings, Inc..(Harlan, David) |
Filing 182 SEALED PATENT MOTION to Exclude Defendants' Untimely Expert Disclosure - Dr. Quintinar-Guzman by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Deposition excerpts of the oral deposition of Dr. Quintinar Guzman, # 2 Exhibit B - Rebuttal Expert report of Dr. Quintinar Guzman, # 3 Text of Proposed Order)(Durst, Timothy) |
Filing 181 ORDER denying 99 Defendants Motion to Dismiss Plaintiffs Second AmendedComplaint. Signed by Magistrate Judge Amos L. Mazzant on 12/10/12. (cm, ) |
Filing 180 NOTICE of Expert Disclosure by Medallion Foods, Inc., RALCORP Holdings, Inc. of Supplemental Rebuttal Report of Dr. Adriana Quintanar Guzman (Ward, Thomas) |
Filing 179 ORDER denying 130 Motion for clarification or reconsideration of the Court's September 27, 2012 memorandum opinion and order. Signed by Magistrate Judge Amos L. Mazzant on 11/21/2012. (bjc) |
Filing 178 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 101 SEALED MOTION for Summary Judgment filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 177 ORDER denying 114 Motion to Compel and 115 Sealed Motion. Signed by Magistrate Judge Amos L. Mazzant on 11/21/2012. (bjc) |
Filing 176 NOTICE of Expert Disclosure by Frito-Lay North America, Inc. (Durst, Timothy) Modified on 11/19/2012 (tkd, ). |
Filing 175 ORDER denying 167 Motion for Leave to File Motion for Summary Judgment on Count 4 and Counterclaim 5 and for Partial Summary Judgment on Count 4 and Counterclaim 4. Signed by Magistrate Judge Amos L. Mazzant on 11/16/12. (mrp, ) |
Filing 174 RESPONSE in Support re 167 Emergency MOTION for Leave to File Motion for Summary Judgment and Partial Summary Judgment filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 173 SEALED NOTICE Regarding Defendants' Statement of Undisputed Facts in Support of their 168 Motion for Summary Judgment on Count 4 and Counterclaim 5 and for Partial Summary Judgment on Count 4 and Counterclaim 4 (Attachments: # 1 Exhibit A - Statement of Undisputed Facts)(Hill, Jack) Modified on 11/15/2012 (tkd, ). |
Filing 172 SEALED PATENT RESPONSE to SEALED PATENT MOTION re 167 Emergency MOTION for Leave to File Motion for Summary Judgment and Partial Summary Judgment filed by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 171 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 129 SEALED PATENT MOTION Motion for Summary Judgment on Defendants' Sale or Public Use Affirmative Defenses and Counterclaims filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A - Frito-Lay's Amended Initial Disclosures)(Hill, Jack) |
Filing 170 SUR-REPLY to Reply to Response to Motion re 130 MOTION for Reconsideration re 124 Memorandum & Opinion (Motion for Clarification or Reconsideration) filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 169 ORDER re 167 Emergency MOTION for Leave to File Motion for Summary Judgment and request for expedited consideration. Plaintiff shall file any response no later than 12:00 pm on 11/14/2012, or notify the Court that there is no opposition. Signed by Magistrate Judge Amos L. Mazzant on 11/13/2012. (pad, ) |
Filing 168 ***STRICKEN FROM THE RECORD PURSUANT TO ORDER 175*** SEALED MOTION for Summary Judgment on Count 4 and Counterclaim 5 and for Partial Summary Judgment on Count 4 and Counterclaim 4 by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Declaration of B. Scott Eidson, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Proposed Order)(Hill, Jack) Modified on 11/13/2012 (tkd, ). Modified on 11/20/2012 (baf, ). |
Filing 167 Emergency MOTION for Leave to File Motion for Summary Judgment and Partial Summary Judgment, and REQUEST for Expedited Consideration by Medallion Foods, Inc., RALCORP Holdings, Inc. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) Modified on 11/13/2012 (tkd, ). |
Filing 166 NOTICE of Discovery Disclosure by Medallion Foods, Inc., RALCORP Holdings, Inc. (Expert Rebuttal Report of Dr. Adriana Quintanar Guzman) (Hill, Jack) |
Filing 165 NOTICE of Discovery Disclosure by Medallion Foods, Inc., RALCORP Holdings, Inc. (Expert Report of Michael B. Mazis, Ph.D.) (Hill, Jack) |
Filing 164 NOTICE of Discovery Disclosure by Medallion Foods, Inc., RALCORP Holdings, Inc. (Expert Report of James J. Nawrocki) (Hill, Jack) |
Filing 163 NOTICE of Discovery Disclosure by Medallion Foods, Inc., RALCORP Holdings, Inc. (Triveni P. Shukla, Ph.D. Expert Report) (Hill, Jack) |
Filing 162 NOTICE of Attorney Appearance by Timothy D Krieger on behalf of Medallion Foods, Inc., RALCORP Holdings, Inc. (Krieger, Timothy) |
Filing 161 REPLY to Response to Motion re 130 MOTION for Reconsideration re 124 Memorandum & Opinion (Motion for Clarification or Reconsideration) filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 160 SEALED PATENT REPLY to Response to PATENT Motion re 129 SEALED PATENT MOTION Motion for Summary Judgment on Defendants' Sale or Public Use Affirmative Defenses and Counterclaims filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit N - NDA, # 2 Exhibit O - Exemplary Agreements, # 3 Exhibit P - Correspondence and production, # 4 Exhibit Q - E-mail)(Durst, Timothy) |
Filing 159 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 115 Opposed SEALED MOTION for Protective Order and to Compel, 114 Opposed MOTION to Compel compliance with P.R. 3-2(a) and related discovery requests filed by Frito-Lay North America, Inc.. (Durst, Timothy) Modified on 11/2/2012 (tkd, ). |
Filing 158 ORDERED that Plaintiff shall have until November 14, 2012, to serve a rebuttal validity expert report to Mr Philip O'Keefe's report. Defendants shall have until November 29, 2012, to complete the deposition of Plaintiff's validity expert. Signed by Magistrate Judge Amos L. Mazzant on 10/31/2012. (bjc) |
Filing 157 RESPONSE to Motion re 155 Emergency MOTION for 13-Day Extension of Deadline to File One Responsive Expert Report filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas) |
Filing 156 ORDERED regarding 155 Emergency MOTION for 13-Day Extension of Deadline to File One Responsive Expert Report. Defendants shall file a response no later than 12:00 pm on 10/31/2012 or notify the Court that there is no opposition. Signed by Magistrate Judge Amos L. Mazzant on 10/30/2012. (pad, ) |
Filing 155 Emergency MOTION for 13-Day Extension of Deadline to File One Responsive Expert Report by Frito-Lay North America, Inc. (Attachments: # 1 Exhibit A - Expert Report of Philip J. O'Keefe, # 2 Text of Proposed Order)(Durst, Timothy) Modified on 10/29/2012 (tkd, ). |
Filing 154 NOTICE of Attorney Appearance by Daniel Eugene Sakaguchi on behalf of Medallion Foods, Inc., RALCORP Holdings, Inc. (Sakaguchi, Daniel) |
Filing 153 SEALED ADDITIONAL ATTACHMENTS to Main Document: 148 Sealed Response to Motion,. (Attachments: # 1 Exhibit 21 - FL00011917, # 2 Exhibit 22 - Executed subpoena subpoena on MarketVision Research, Inc., # 3 Exhibit 23 - Email regarding deposition notices)(Hill, Jack) |
Filing 152 SEALED ADDITIONAL ATTACHMENTS to Main Document: 148 Sealed Response to Motion,. (Attachments: # 1 16 - Email from Z. Howenstine to S. Kennedy, # 2 17 - executed subpoena on Carstens & Cahoon, LLP, # 3 18 - Email from S. Kennedy to S. Eidson and M. Thomas, # 4 19 - Letter to S. Eidson from E. Heppenstall, # 5 20 - Excerpts from A. Williams' deposition)(Hill, Jack) |
Filing 151 SEALED ADDITIONAL ATTACHMENTS to Main Document: 148 Sealed Response to Motion,. (Attachments: # 1 Exhibit 10 - Letter to R. Crain from S. Eidson, # 2 Exhibit 11 - Letter to S. Kennedy from S. Eidson, # 3 Exhibit 12 - Letter to S. Eidson from S. Kennedy, # 4 Exhibit 13 - Executed return of service subpoena to SymphonyIRI Group, Inc, # 5 Exhibit 14 - Executed return of service subpoena to Peryam & Kroll Research Corporation, # 6 Exhibit 15 - documents produced by Peryam & Kroll from testing of Tostitos Scoops! in 1998)(Hill, Jack) |
Filing 150 SEALED ADDITIONAL ATTACHMENTS to Main Document: 148 Sealed Response to Motion,. (Attachments: # 1 Exhibit 5 - Frito-Lay's responses to Medallions second interrogatories, # 2 Exhibit 6 - documents identified by Frito-Lay in response to Medallion's interrogatory no. 16, # 3 Exhibit 7 - Letter to T. Durst from S. Eidson, # 4 Exhibit 8 - Letter to S. Eidson from R. Crain, # 5 Exhibit 9 - Frito-Lays Second Amended Disclosures of Asserted Claims & Infringement Contentions)(Hill, Jack) |
Filing 149 SEALED ADDITIONAL ATTACHMENTS to Main Document: 148 Sealed Response to Motion,. (Attachments: # 1 Affidavit Declaration of B. Scott Eidson, ESQ., # 2 Exhibit 1 - Letter to T. Durst from S. Eidson, # 3 Exhibit 2 - FL's disclosures of asserted claims & infringement contentions, # 4 Exhibit 3 - FL's first amended disclosures of asserted claims & infringement contentions, # 5 Exhibit 4 - Medallion's second set of interrogatories to FL)(Hill, Jack) |
Filing 148 SEALED RESPONSE to Motion re 129 SEALED PATENT MOTION Motion for Summary Judgment on Defendants' Sale or Public Use Affirmative Defenses and Counterclaims filed by Medallion Foods, Inc., RALCORP Holdings, Inc. (Attachments: # 1 Affidavit of B. Scott Eidson, ESQ., # 2 Exhibit A - Expert Report of Philip J. OKeefe, PE, # 3 Exhibit B - FL00498191-192, # 4 Exhibit C - portion of the transcript of the September 27, 2012 deposition of Alexa Williams)(Hill, Jack) |
Filing 147 RESPONSE in Opposition re 130 MOTION for Reconsideration re 124 Memorandum & Opinion (Motion for Clarification or Reconsideration) filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A - Frito-Lay's Second Amended Infringement Contentions)(Hill, Jack) |
Filing 146 NOTICE of Expert Disclosure of Philip O-Keefe by Medallion Foods, Inc., RALCORP Holdings, Inc. (Hill, Jack) Modified on 10/23/2012 (tkd, ). |
Filing 145 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 101 SEALED MOTION for Summary Judgment filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit N - US Patent No. 4,176,488)(Durst, Timothy) |
Filing 144 SEALED REPLY to Response to Motion re 115 Opposed SEALED MOTION for Protective Order and to Compel filed by Medallion Foods, Inc., RALCORP Holdings, Inc. (Attachments: # 1 Exhibit 1 - Plf.s Supp. Resp. to Ralcorps Interrog. No. 5)(Hill, Jack) |
Filing 143 SEALED REPLY to Response to Motion re 114 Opposed MOTION to Compel compliance with P.R. 3-2(a) and related discovery requests filed by Medallion Foods, Inc., RALCORP Holdings, Inc. (Attachments: # 1 Exhibit 1)(Hill, Jack) Modified on 10/23/2012 (tkd, ). |
Filing 142 ORDER. The Court hereby ORDERS each side to pay $8,154.35 to the Law Office ofDavid Keyzer, P.C., 5170 Golden Foothill Parkway, El Dorado Hills, California 95762, [Matter ID 10003-10005], within 30 days from the entry of this order. Signed by Magistrate Judge Amos L. Mazzant on 10/18/12. (cm, ) |
Filing 141 ORDER granting 140 JOINT MOTION TO EXTEND MEDIATION DEADLINE. Signed by Magistrate Judge Amos L. Mazzant on 10/17/12. (cm, ) |
Filing 140 Joint MOTION TO EXTEND MEDIATION DEADLINE by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Set/Reset Scheduling Order Deadlines: Mediation Completion due by 11/8/2012. (cm, ) |
Filing 139 SUR-REPLY to Reply to Response to Motion re 99 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 138 ORDER DENYING DEFENDANTS MOTION TO EXTEND DAUBERT AND DISPOSITIVE MOTION DEADLINE 125 Motion for Extension of Time to File. Signed by Magistrate Judge Amos L. Mazzant on 10/15/12. (cm, ) |
Filing 137 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Via Telephone held on 9/21/2012 before Judge Mazzant. Court Reporter/Transcriber: David Maxwell,Telephone number: 903/892-8634. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/15/2012. Release of Transcript Restriction set for 1/14/2013. (pad, ) |
Filing 136 RESPONSE in Opposition re 125 Opposed MOTION for Extension of Time to File Daubert and Dispositive Motions filed by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 135 ORDER granting 126 Motion to Expedite. Plaintiff shall file a response to Defendants Motion to Extend Daubert and Dispositive Motion Deadline (Dkt. #125) no later than October 12, 2012, at 5:00 p.m. Signed by Magistrate Judge Amos L. Mazzant on 10/10/12. (cm, ) |
Filing 134 SEALED PATENT REPLY to Response to PATENT Motion re 101 SEALED MOTION for Summary Judgment filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Affidavit Declaration of B. Scott Eidson, # 2 Exhibit 1 - Frito-Lays Second Amended Disclosures of Asserted Claims and Infringement Contenions, # 3 Exhibit 2 - Scoops Shape Improvement TOPPs, dated May 12, 2005, # 4 Exhibit 3 - Tostitos Scoops Shapes Optimization II, dated May 2005, # 5 Exhibit 4 - Tostitos SCOOPS Shape Improvement Testing Strategy, dated February 28, 2006, # 6 Exhibit 5 - Tostitos Scoops Breakage, dated December 11, 2000, # 7 Exhibit 6 - Tostitos Scoops Design and Consumer Data, # 8 Exhibit 7 - Tostitos Scoops Line Boost: Larger Chip Cutter)(Hill, Jack) |
Filing 133 SEALED PATENT RESPONSE to SEALED PATENT MOTION re 115 Opposed SEALED MOTION for Protective Order and to Compel, 114 Opposed MOTION to Compel compliance with P.R. 3-2(a) and related discovery requestsOpposed MOTION to Compel compliance with P.R. 3-2(a) and related discovery requests filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Retention Policies, # 2 Exhibit B - RALMED Document, # 3 Exhibit C - Expert Report of Martin Okos, # 4 Text of Proposed Order Regarding Docket 114, # 5 Text of Proposed Order Regarding Docket 115)(Durst, Timothy) |
Filing 132 NOTICE of Attorney Appearance by Thomas John Ward on behalf of Medallion Foods, Inc., RALCORP Holdings, Inc. (Ward, Thomas) |
Filing 131 REPLY to Response to Motion re 99 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 130 MOTION for Reconsideration re 124 Memorandum & Opinion (Motion for Clarification or Reconsideration) by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Durst, Timothy) |
Filing 129 SEALED PATENT MOTION Motion for Summary Judgment on Defendants' Sale or Public Use Affirmative Defenses and Counterclaims by Frito-Lay North America, Inc.. (Attachments: # 1 Appendix /List of Exhibits, # 2 Affidavit /Declaration of Kevin Scanlan, # 3 Exhibit A - Depo excerpts of Alexa Williams, # 4 Exhibit B - '344 patent, # 5 Exhibit C - Declaration of Alexa Williams, # 6 Exhibit 1 - to Declaration of Alexa Williams, # 7 Exhibit 2 - to Declaration of Alexa Williams, # 8 Exhibit 3 - to Declaration of Alexa Williams, # 9 Exhibit D - FL88025-89, # 10 Exhibit E - Prosecution History, # 11 Exhibit F - FL14375, # 12 Exhibit G - FL5527-29, # 13 Exhibit H - FL880305, # 14 Exhibit I - FL15062, # 15 Exhibit J - FL365258, # 16 Exhibit K - FLNA's Supplemental Response to Rog 16, # 17 Exhibit L - FL14462-65, # 18 Exhibit M - US Trademark 2,766,278, # 19 Text of Proposed Order)(Durst, Timothy) |
Filing 128 NOTICE by Frito-Lay North America, Inc. (Notice of Service of Second Amended P.R. 3-1 Disclosures) (Durst, Timothy) |
Filing 127 ORDER denying 80 Motion to Exclude Dr. Quintanar-Guzman FromServing as Expert to Defendants. Signed by Magistrate Judge Amos L. Mazzant on 10/4/12. (cm, ) |
Filing 126 Opposed MOTION to Expedite Consideration of Defendants' Motion to Extend Daubert and Dispositive Motion Deadline by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 125 Opposed MOTION for Extension of Time to File Daubert and Dispositive Motions by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 124 MEMORANDUM OPINION AND ORDER. Signed by Magistrate Judge Amos L. Mazzant on 9/27/2012. (pad, ) |
Filing 123 SEALED PATENT RESPONSE to SEALED PATENT MOTION re 101 SEALED MOTION for Summary Judgment filed by Frito-Lay North America, Inc.. (Attachments: # 1 Appendix List of Exhibits, # 2 Affidavit /Declaration of Kevin Scanlan, # 3 Exhibit A - Declaration of Alexa Williams, # 4 Exhibit B - FL392348-49 and 392353-54, # 5 Exhibit C - FL00014670, # 6 Exhibit D - FL00000678-89, # 7 Exhibit E - FL00533245-47, # 8 Exhibit F - US Trademark 2,766,278, # 9 Exhibit G - Notice of Acceptance Sec. 8 & 15, # 10 Exhibit H - U.S. Patent D459,853, # 11 Exhibit I - Excerpts from Interrogatory Responses, # 12 Exhibit J - RM 010917-18, # 13 Exhibit K - Trademarks 2,606,203 & 3,236,076 & 3,453,552, # 14 Exhibit L - RM012187-88, # 15 Exhibit M - In re: Hershey Opinion, # 16 Text of Proposed Order)(Durst, Timothy) |
Filing 122 RESPONSE to 121 Notice (Other), Notice (Other) by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit - Defendants' Responsive Letter Brief)(Ward, Thomas) |
Filing 121 NOTICE by Frito-Lay North America, Inc. re 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants (Notice of Compliance with Court's Request for Letter Brief) (Attachments: # 1 Exhibit A - Letter Brief re: Motion to Exclude)(Durst, Timothy) |
Filing 120 ANSWER to Complaint (Frito-Lay's Answer to Counterclaims (Dkt. 90) to Second Amended Complaint) by Frito-Lay North America, Inc..(Durst, Timothy) |
Filing 119 RESPONSE in Opposition re 99 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 118 Letter Brief filed by Frito-Lay North America, Inc. (Durst, Timothy) |
Filing 117 ORDER granting in part and denying in part 110 Motion to Continue. The dispositive motion filing deadline is extended to November 5, 2012, limited to new matters raised in Plaintiff's second amended complaint. Signed by Magistrate Judge Amos L. Mazzant on 9/21/12. (cm, ) |
Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Motion Hearing held on 9/21/2012 re 110 Opposed MOTION to Continue Scheduling Order deadlines and trial setting filed by Medallion Foods, Inc., RALCORP Holdings, Inc., 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants filed by Frito-Lay North America, Inc.. (Court Reporter D. Maxwell.) (dm, ) |
Filing 116 SEALED RESPONSE to Motion re 110 Opposed MOTION to Continue Scheduling Order deadlines and trial setting filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Correspondence Re: Discovery, # 2 Exhibit B - FL's Responses to Interrogatories, # 3 Exhibit C - Excerpts from Scheduling Hearing Transcript, # 4 Exhibit D - 7/19/2012 E-mail re: Discovery, # 5 Exhibit E - 7/20/2012 E-mail re: Discovery, # 6 Exhibit F - 8/9/2012 E-mail re: Discovery, # 7 Exhibit G - 8/29/12 E-mail re: Discovery)(Durst, Timothy) |
Filing 115 Opposed SEALED MOTION for Protective Order and to Compel by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1 - Frito-Lays Resp. to Ralcorps 2nd Set of Interrogs, # 2 Text of Proposed Order)(Hill, Jack) |
Filing 114 Opposed MOTION to Compel compliance with P.R. 3-2(a) and related discovery requests by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1 - Frito-Lays 1st Am. Disclosures, # 2 Exhibit 2 - Frito-Lays Supp. Resp. to Interrog. 16, # 3 Exhibit 3 - May 9, 2012 Letter from T. Durst, # 4 Exhibit 4 - Sep. 5, 2012 Letter from B. Scott Eidson to T. Durts, # 5 Exhibit 5 - Frito-Lays Resp. to Medallions 2nd Set of Interrogs, # 6 Text of Proposed Order)(Hill, Jack) |
Filing 113 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Claim Construction Hearing held on 9/12/2012. (Court Reporter D. Maxwell.) (dm, ) |
Filing 112 ORDER Setting Hearing on Motion 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants, 110 Opposed MOTION to Continue Scheduling Order deadlines and trial setting : Motion Hearing set for 9/21/2012 02:30 PM Teleconference before Magistrate Judge Amos L. Mazzant. Plaintiff shall file a response to Defendants' motion for continuance no later than 5:00 p.m. on September 19, 2012. Signed by Magistrate Judge Amos L. Mazzant on 9/12/12. (cm, ) |
Filing 111 NOTICE of Attorney Appearance by Lawrence Augustine Phillips on behalf of Frito-Lay North America, Inc. (Phillips, Lawrence) |
Filing 110 Opposed MOTION to Continue Scheduling Order deadlines and trial setting by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit 1 - Frito-Lay's Response to Medallion's Fourth Set of Interrogatories, # 2 Exhibit 2 - Frito-Lay's Response to Ralcorp's First Set of Interrogatories, # 3 Text of Proposed Order)(Hill, Jack) |
Filing 109 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Statement of Undisputed Facts)(Hill, Jack) |
Filing 108 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21, # 3 Exhibit 22, # 4 Exhibit 23, # 5 Exhibit 24)(Hill, Jack) |
Filing 107 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19)(Hill, Jack) |
Filing 106 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17)(Hill, Jack) |
Filing 105 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13)(Hill, Jack) |
Filing 104 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 7)(Hill, Jack) |
Filing 103 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 6, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10)(Hill, Jack) |
Filing 102 SEALED ADDITIONAL ATTACHMENTS to Main Document: 101 SEALED MOTION for Summary Judgment. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5)(Hill, Jack) |
Filing 101 SEALED MOTION for Summary Judgment by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Affidavit Declaration of B. Scott Eidson, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Hill, Jack) |
Filing 100 Sealed Document. (Defendants Ralcorp Holdings, Inc. and Medallion Foods, Inc.'s Answer, affirmative defenses, and counterclaims to Plaintiff's Second Amended Complaint) (Attachments: # 1 Exhibit 1 - Wal-Marts store brand GREAT VALUE BOWLZ trademarks and trade dress, # 2 Exhibit 2 - Frito-Lays TOSTITOS SCOOPS! trademarks and trade dress, # 3 Exhibit 3 - 1 Flute/BScan Clone, # 4 Exhibit 4 - Tostitos Scoops presentation, # 5 Exhibit 5 - Period 1 2000 Report, # 6 Exhibit 6 - Final Report: Tostitos Scoops CLTT), # 7 Exhibit 7 - Scoops! Evolution, # 8 Exhibit 8 - Scoops! History, # 9 Exhibit 9 - FYI on Scoops!)(Hill, Jack) |
Filing 99 MOTION to Dismiss Plaintiff's Second Amended Complaint by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 98 CLAIM CONSTRUCTION CHART (Joint Claim Construction Chart Pursuant to P.R. 4-5(d)) filed by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Durst, Timothy) (Main Document 98 replaced on 9/4/2012) (cm, ). (Additional attachment(s) added on 9/4/2012: # 1 Exhibit) (cm, ). |
Filing 97 CLAIM CONSTRUCTION BRIEF (Frito-Lay's Reply Brief in Support of its Claim Construction for U.S. Patent 6,610,344 - original brief filed under seal) filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 96 SUR-REPLY to Reply to Response to Motion re 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit July 11, 2012 E-Mail)(Hill, Jack) |
Filing 95 ORDER granting 94 Motion to Amend/Correct. The deadline for Defendants to comply with P.R. 3-7 is ten days after the date the Court issues its Markman ruling. Signed by Magistrate Judge Amos L. Mazzant on 8/27/12. (cm, ) |
Filing 94 Agreed MOTION to Amend/Correct 77 Scheduling Order, Set Deadlines/Hearings,,,, (to add deadline for P.R. 3-7 compliance) by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 93 REPLY to Response to Motion re 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Cahoon Affidavit, # 2 Exhibit B - Barragan Declaration, # 3 Exhibit C - Crain Affidavit)(Durst, Timothy) |
Filing 92 SEALED PATENT DOCUMENT. (Attachments: # 1 Exhibit 1 - US Trademark 2,766,278, # 2 Exhibit 2 - US6638553, # 3 Exhibit 3 - US6592923, # 4 Exhibit 4 - US6610344, # 5 Exhibit 5 - Part 1 344 File History, # 6 Exhibit 5 - Part 2 344 File History, # 7 Exhibit 5 - Part 3 344 File History, # 8 Exhibit 5 - Part 4 344 File History, # 9 Exhibit 6 - US6129939, # 10 Exhibit 7 - Notice of Allowability, # 11 Exhibit 8 - US5761883, # 12 Exhibit 9 - US5782332)(Harlan, David) |
Filing 91 ORDER APPOINTING TECHNICAL ADVISOR, David Keyzer added.. Signed by Magistrate Judge Amos L. Mazzant on 8/21/12. (cm, ) |
Filing 90 AMENDED COMPLAINT (Frito-Lay North America, Inc.'s Second Amended Complaint and Request for Preliminary and Permanent Injunctions) against Medallion Foods, Inc., RALCORP Holdings, Inc., filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Trademark Reg. No. 2,766,278, # 2 Exhibit B - United States Patent No. 6,610,344)(Durst, Timothy) |
Filing 89 NOTICE by Medallion Foods, Inc., RALCORP Holdings, Inc. Submission of Technology Tutorial (Hill, Jack) |
Filing 88 NOTICE by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc. re 81 Notice (Other) (Joint Suppplemental Notice Regarding Technical Advisor) (Durst, Timothy) |
Filing 87 NOTICE by Frito-Lay North America, Inc. Submission of Technology Tutorial and Service on Opposing Counsel (Durst, Timothy) |
Filing 86 RESPONSE in Opposition re 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A - Declaration of of Dr. Adriana Quintanar Guzman, # 2 Exhibit B - Frito-Lays Response to Medallions Second Set of Interrogatories)(Hill, Jack) |
Filing 85 ***FILED UNDER THE WRONG EVENT. SEE CORRECT DOCUMENT #86*** REPLY to Response to Motion re 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Exhibit A - Declaration of Dr. Adriana Quintanar Guzman, # 2 Exhibit B - Frito-Lays Response to Medallions Second Set of Interrogatories)(Hill, Jack) Modified on 8/15/2012 (pad, ). |
Filing 84 ORDER REFERRING CASE to Mediator, Gary McGowan. Signed by Magistrate Judge Amos L. Mazzant on 8/13/2012. (pad, ) |
Set Scheduling Order Deadlines: Mediation Completion due by 11/1/2012. (pad, ) |
Filing 83 NOTICE of Designation of Mediator, Gary McGowan, filed by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc.. (Durst, Timothy) |
Filing 82 SEALED PATENT DOCUMENT. (Attachments: # 1 Appendix /Index to Exhibits, # 2 Exhibit A - US Patent 6,610,344, # 3 Exhibit B - PowerPoint, # 4 Exhibit C - PowerPoint 2, # 5 Exhibit D - Schematic, # 6 Exhibit E - Formed Tortilla Oven Concept, # 7 Exhibit F - Photograph of Alignment system, # 8 Exhibit G - Operations and Maintenance Manual excerpt, # 9 Exhibit H - Photograph of pieces being transferred between belts, # 10 Exhibit I - Photograph of Defendant's Chip, # 11 Exhibit J - U.S. Patent 6,129,939, # 12 Exhibit K - Response to Office Action, # 13 Exhibit L - Dictionary - "Form", # 14 Exhibit M - Dictionary - "Orient")(Durst, Timothy) |
Filing 81 NOTICE by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc. re 77 Scheduling Order, Set Deadlines/Hearings,,,, REGADING TECHNICAL ADVISOR (Hill, Jack) |
Filing 80 MOTION to Exclude Dr. Quintanar-Guzman From Serving as Expert to Defendants by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Quintanar-Guzman CV, # 2 Exhibit B - Declaration of Barragan, # 3 Exhibit C - Affidavit of Cahoon, # 4 Exhibit D - Purchase Order for Services, # 5 Exhibit E - Services Agreement, # 6 Exhibit F - Employment Agreement, # 7 Exhibit G - Affidavit of Sanford, # 8 Text of Proposed Order)(Durst, Timothy) |
Filing 79 NOTICE by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc. (Joint Claim Construction and Prehearing Statement Pursuant to P.R. 4-3) (Attachments: # 1 Exhibit A - Chart of Proposed Constructions, # 2 Exhibit B - Plaintiff's Identification of Intrinsic and Extrinsic Evidence, # 3 Exhibit C - Defendants' Identification of Intrinsic and Extrinsic Evidence)(Durst, Timothy) |
NOTICE of Deficiency regarding the NOTICE Joint Claim Construction and Prehearing Statement Pursuant to P.R. 4-3 submitted by Medallion Foods, Inc., RALCORP Holdings, Inc.. Exhibits not filed in compliance with LR CV-5(a)(6). Correction should be made by one business day. (cm, ) |
Filing 78 ***DEFICIENT. TO BE REFILED. PLEASE IGNORE.*** NOTICE by Frito-Lay North America, Inc., Medallion Foods, Inc., RALCORP Holdings, Inc. Joint Claim Construction and Prehearing Statement Pursuant to P.R. 4-3 (Attachments: # 1 Exhibit A-C, Disputed terms and parties' supporting evidence)(Durst, Timothy) Modified on 7/27/2012 (cm, ). |
Filing 77 SCHEDULING ORDER: Claim Construction Hearing set for 9/12/2012 01:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. Final Pretrial Conference set for 2/8/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. Jury Selection and Trial set for 2/11/2013 09:00 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. Amended Pleadings due by 8/17/2012. Discovery due by 12/4/2012. Expert Witness List due from Plaintiff by 10/8/2012 and from Defendant by 10/29/2012. Mediation Completion due by 11/1/2012. Proposed Pretrial Order due by 1/22/2013. Signed by Magistrate Judge Amos L. Mazzant on 7/23/12. (cm, ) |
Filing 76 Agreed MOTION Entry of Scheduling Order by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 75 NOTICE of Change of Address by Jack Wesley Hill (Hill, Jack) |
Filing 74 Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Scheduling Conference held on 6/26/2012. (Court Reporter Crystal Cannon.) (dm, ) |
Filing 73 ORDER granting 71 Motion for Leave to Supplement its Disclosure of Asserted Claims and Infringement Contentions. Signed by Magistrate Judge Amos L. Mazzant on 6/19/12. (cm, ) |
Filing 72 AGREED ORDER REGARDING E-DISCOVERY granting 70 Motion. Signed by Magistrate Judge Amos L. Mazzant on 6/19/12. (cm, ) |
Filing 71 Unopposed MOTION for Leave to File Supplemental Infringement Contentions by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 70 Agreed MOTION for Entry of E-Discovery Order by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 69 NOTICE by Frito-Lay North America, Inc. (Notice of Service of Amended 3.1 Disclosures) (Durst, Timothy) |
Filing 68 ANSWER to 66 Answer to Amended Complaint, Counterclaim,, by Frito-Lay North America, Inc..(Durst, Timothy) |
Filing 67 ORDER, ( Scheduling Conference set for 6/26/2012 02:00 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant.). Signed by Magistrate Judge Amos L. Mazzant on 6/5/12. (cm, ) |
Filing 66 ANSWER to 55 Amended Complaint,, COUNTERCLAIM against Frito-Lay North America, Inc. by RALCORP Holdings, Inc., Medallion Foods, Inc.. (Attachments: # 1 Exhibit 1 - Wal-Marts store brand GREAT VALUE BOWLZ trade marks and trade dress, # 2 Exhibit 2 - Frito-Lays TOSTITOS SCOOPS! Trade marks and trade dress)(Hill, Jack) |
Filing 65 NOTICE of Attorney Appearance by Mark Aaron Thomas on behalf of Medallion Foods, Inc., RALCORP Holdings, Inc. (Thomas, Mark) |
Filing 63 ORDER granting 46 Motion for Discovery. Signed by Magistrate Judge Amos L. Mazzant on 5/16/12. (cm, ) |
Filing 62 NOTICE of Discovery Disclosure by Frito-Lay North America, Inc. (Rule 26(a)(1) Disclosures served 5/10/2012) (Durst, Timothy) |
Filing 61 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A - Plaintiff's Proposed Scheduling Order, # 2 Exhibit B - Defendants' Proposed Scheduling Order)(Durst, Timothy) |
Filing 60 NOTICE of Discovery Disclosure by Medallion Foods, Inc., RALCORP Holdings, Inc. (Hill, Jack) |
Filing 59 SUR-REPLY to Reply to Response to Motion re 51 SEALED MOTION FOR A PROTECTIVE ORDER WITH SUPPORTING MEMORANDUM filed by Frito-Lay North America, Inc.. (Durst, Timothy) |
Filing 58 NOTICE by Frito-Lay North America, Inc. (Notice of Service of P.R. 3-1 Disclosures and P.R. 3-2 Production) (Durst, Timothy) |
Filing 57 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 46 Opposed MOTION for Discovery filed by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Hill, Jack) |
Filing 56 ANSWER to 43 Answer to Complaint, Counterclaim by Frito-Lay North America, Inc..(Durst, Timothy) |
Filing 55 AMENDED COMPLAINT AND REQUEST FOR PRELIMINARY AND PERMANENT INJUNCTIONS against Medallion Foods, Inc., RALCORP Holdings, Inc., filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - '278 Trademark, # 2 Exhibit B - '344 Patent)(Durst, Timothy) |
Filing 54 SEALED REPLY to Response to Motion re 51 SEALED MOTION FOR A PROTECTIVE ORDER WITH SUPPORTING MEMORANDUM filed by Medallion Foods, Inc., RALCORP Holdings, Inc. (Attachments: # 1 Affidavit Declaration of M. Kent Vickery)(Hill, Jack) |
Filing 53 SEALED RESPONSE to Motion re 51 SEALED MOTION FOR A PROTECTIVE ORDER WITH SUPPORTING MEMORANDUM filed by Frito-Lay North America, Inc.. (Attachments: # 1 Appendix Index to exhibits, # 2 Exhibit A - Declaration of Dr. Martin Okos, # 3 Exhibit B - Manual, # 4 Exhibit C - Excerpt from Operations manual, # 5 Exhibit D - Schematic Diagrams, # 6 Exhibit E - Plant photo, # 7 Text of Proposed Order)(Durst, Timothy) |
Filing 52 REPLY to Response to Motion re 46 Opposed MOTION for Discovery filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A Declaration of Dr. Martin Okos)(Durst, Timothy) |
Forwarded a CD containing Exhibit 1 to the Delcaration of David W. Harlan in connection to Defendants' Response in Opposition to Plaintiff's Renewed Motion for Expedited Discovery, #50, to Magistrate Judge Mazzant's chambers. (pad, ) |
Filing 51 SEALED MOTION FOR A PROTECTIVE ORDER WITH SUPPORTING MEMORANDUM by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 50 SEALED RESPONSE to Motion re 46 Opposed MOTION for Discovery filed by Medallion Foods, Inc., RALCORP Holdings, Inc. (Attachments: # 1 Affidavit Declaration of David W. Harlan, # 2 Exhibit 1 to Harlan Declaration, # 3 Exhibit 2 to Harlan Declaration, # 4 Affidavit Declaration of M. Kent Vickery, # 5 Exhibit 1 to Vickery Declaration)(Hill, Jack) (Additional attachment(s) added on 5/1/2012: # 6 Text of Proposed Order) (cm, ). |
Filing 49 ORDER granting 48 Motion for Extension of Time to File Response/Reply re 46 Opposed MOTION for Discovery. Responses due through 4/26/2012. Signed by Magistrate Judge Amos L. Mazzant on 4/24/12. (cm, ) |
Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply as to 46 Opposed MOTION for Discovery by Medallion Foods, Inc., RALCORP Holdings, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) |
Filing 47 ORDER re 46 Opposed MOTION for Discovery filed by Frito-Lay North America, Inc., ( Response due by 4/25/2012.)Defendants shall file a response no later than 5:00 p.m. on April 25, 2012, or notify the Court that there is no opposition. Signed by Magistrate Judge Amos L. Mazzant on 4/23/12. (cm, ) |
Filing 46 Opposed MOTION for Discovery by Frito-Lay North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) |
Filing 45 STIPULATED PROTECTIVE ORDER granting 44 Motion for Protective Order. Signed by Magistrate Judge Amos L. Mazzant on 4/19/12. (cm, ) |
Filing 44 Agreed MOTION for Protective Order by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Text of Proposed Order)(Durst, Timothy) (Attachment 2 replaced on 4/19/2012) (cm, ). |
Filing 43 ANSWER to 1 Complaint,, COUNTERCLAIM against Frito-Lay North America, Inc. by RALCORP Holdings, Inc., Medallion Foods, Inc.. (Attachments: # 1 Exhibit 1 (Wal-Mart Brand), # 2 Exhibit 2 (Frito-Lay Brand))(Harlan, David) |
Filing 42 MEMORANDUM AND OPINION re: Motion to Dismiss Or, In the Alternative, ToTransfer to the Eastern District of Arkansas (Dkt. #16). The Court finds that Defendants Motion to Dismiss Or, In the Alternative, To Transfer to the Eastern District of Arkansas (Dkt. #16) is DENIED. Signed by Magistrate Judge Amos L. Mazzant on 3/30/12. (cm, ) |
Filing 1 COMPLAINT against Medallion Foods, Inc., RALCORP Holdings, Inc. ( Filing fee $ 350 receipt number 0540-3443414.), filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A - Trademarks, # 2 Exhibit B - Patents, # 3 Civil Cover Sheet)(Durst, Timothy) |
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