Crown Packaging Technology, Inc. et al v. Belvac Production Machinery, Inc.
Plaintiff: CarnaudMetalbox Engineering Ltd. and Crown Packaging Technology, Inc.
Defendant: Belvac Production Machinery, Inc.
Case Number: 6:2018cv00070
Filed: July 9, 2018
Court: US District Court for the Western District of Virginia
Office: Lynchburg Office
Presiding Judge: Robert S Ballou
Referring Judge: Norman K Moon
Nature of Suit: Patent
Cause of Action: 35:145
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2019 Filing 70 NOTICE by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc. Claim Construction Finding in inter partes Review (Attachments: #1 Exhibit A)(Pulley, Glenn)
November 18, 2019 Filing 69 Transcript Copy Delivered re #65 Transcript Request, (mb)
November 18, 2019 Filing 68 TRANSCRIPT of Proceedings: Patent Claim Construction Hearing held on 10/15/2019 before Judge Moon. Court Reporter/Transcriber Mary J. Butenschoen, Telephone number 540-857-5100 Ext 5312. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar 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.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/17/2020. (mb)
October 17, 2019 Filing 67 Financial arrangements made (Copy) (Ordinary-30 calendar days Service) re #65 Transcript Request, Transcript due by 11/18/2019. (mb)
October 17, 2019 Filing 66 Financial arrangements made (Original) (Ordinary-30 calendar days Service) re #64 Transcript Request, Transcript due by 11/18/2019. (mb)
October 16, 2019 Filing 65 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc. for Patent Claim Construction Hearing held on 10/15/2019 reported by Court Reporter Mary Butenschoen before Judge Hon. Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Pulley, Glenn)
October 16, 2019 Filing 64 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by Belvac Production Machinery, Inc. for Claim Construction Hearing held on October 15, 2019 reported by Court Reporter Mary Butenschoen before Judge Judge Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Riopelle, Brian) (Main Document 64 replaced on 10/16/2019 with flattened pdf version.) (ca)
October 16, 2019 Filing 63 Exhibit Crown Packaging Technology, Inc's Claim Construction Presentation (Pulley, Glenn)
October 16, 2019 Filing 62 Exhibit Belvacs Claim Construction Presentation (Riopelle, Brian)
October 15, 2019 Filing 61 Minute Entry for proceedings held before Senior Judge Norman K. Moon: Claim Construction Hearing held on 10/15/2019. (Court Reporter: Mary Butenschoen) (ca)
September 23, 2019 Filing 60 Supplemental Brief / Memorandum in Opposition re #59 Brief/Memorandum . filed by Belvac Production Machinery, Inc.. (Attachments: #1 Exhibit 425 Patent File Wrapper, Response dated November 30, 2009)(Riopelle, Brian)
September 16, 2019 Filing 59 Supplemental Brief/Memorandum Claim Construction. filed by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N)(Pulley, Glenn)
September 10, 2019 Opinion or Order Filing 58 ORDER granting #57 Motion for Leave to File a Supplemental Markman brief on the "Winder Shaft" limitation. Signed by Magistrate Judge Robert S. Ballou on 9/10/2019. (al)
September 9, 2019 Filing 57 MOTION for Leave to File A Supplemental Markman Brief on the "Winder Shaft" Limitation by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
August 20, 2019 Opinion or Order Filing 56 ORDER granting #55 MOTION to Appear Pro Hac Vice. Attorney Paul B. Waxler for CarnaudMetalbox Engineering Ltd. and Crown Packaging Technology, Inc. added. Signed by Magistrate Judge Robert S. Ballou on August 20, 2019. (ca)
August 20, 2019 Filing 55 MOTION for Paul B. Waxler to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3209038. by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
June 28, 2019 Filing 54 Response re #51 Response Sur-Reply Claim Construction Brief. filed by Belvac Production Machinery, Inc.. (Riopelle, Brian)
June 20, 2019 Opinion or Order Filing 53 ORAL ORDER granting #52 Motion for Leave to File. Pursuant to the parties' agreement, Defendant shall have leave to file a sur-reply by June 28, 2019, on the limited topic set forth in Defendant's motion. Entered by Magistrate Judge Robert S. Ballou on 6/20/19. (lg)
June 18, 2019 Filing 52 MOTION for Leave to File a Sur-Reply Brief to Plaintiffs Reply Claim Construction Brief by Belvac Production Machinery, Inc.. Motions referred to Judge Robert S. Ballou. (Riopelle, Brian)
June 14, 2019 Filing 51 Reply Claim Construction Brief filed by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc. (Pulley, Glenn)
May 31, 2019 Filing 50 Brief / Memorandum in Opposition re #48 Brief/Memorandum, BELVAC PRODUCTION MACHINERY, INC.S RESPONSIVE CLAIM CONSTRUCTION BRIEF. filed by Belvac Production Machinery, Inc.. (Attachments: #1 Exhibit 01 U.S. Patent No. 9,968,982, #2 Exhibit 02 U.S. Patent No. 9,308,570, #3 Exhibit 03 U.S. Patent No. 7,770,425, #4 Exhibit 04 Office Action dated August 25, 2017, #5 Exhibit 05 Response dated October 6, 2017, #6 Exhibit 06 Response dated January 23, 2018, #7 Exhibit 07 Preliminary Amendment dated August 25, 2010, #8 Exhibit 08 U.S. Patent No. 4,774,839, #9 Exhibit 09 U.S. Patent No. 6,094,961, #10 Exhibit 10 Portions of Websters Dictionary)(Riopelle, Brian)
May 31, 2019 Filing 49 NOTICE of Hearing: (CR) CLAIM CONSTRUCTION HEARING set for 10/15/2019 at 09:30 AM in Lynchburg before Senior Judge Norman K. Moon. (sfc)
May 10, 2019 Filing 48 Brief/Memorandum Opening Claim Construction. filed by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Pulley, Glenn)
April 29, 2019 Filing 47 Brief/Memorandum Joint Claim Construction and Prehearing Statement. filed by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Pulley, Glenn)
April 11, 2019 Opinion or Order Filing 46 ORDER granting #45 Joint Motion to Amend Scheduling Order. It is hereby ORDERED that the deadline set forth in the #24 Scheduling Order for submission of the Joint Claim Construction and Prehearing Statement is extended from April 19, 2019 to April 26, 2019. Signed by Magistrate Judge Robert S. Ballou on April 11, 2019. (ca)
April 10, 2019 Filing 45 Joint MOTION to Amend/Correct #24 Scheduling Order by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
April 3, 2019 Opinion or Order Filing 44 ORDER granting #42 Motion to Withdraw as Attorney. Attorney Stephanie M. Papastephanou terminated as counsel for Plaintiffs. Signed by Magistrate Judge Robert S. Ballou on April 3, 2019. (ca)
April 2, 2019 Filing 43 Proposed Pretrial Order - Moon by Crown Packaging Technology, Inc. (Pulley, Glenn)
April 2, 2019 Filing 42 MOTION to Withdraw as Attorney by Crown Packaging Technology, Inc.. Motions referred to Judge Robert S. Ballou. (Pulley, Glenn)
January 24, 2019 Opinion or Order Filing 41 ORDER dismissing as moot #28 Motion to Dismiss for Failure to State a Claim by CarnaudMetalbox Engineering Ltd. and Crown Packaging Technology, Inc. Signed by Senior Judge Norman K. Moon on January 24, 2019. (ca)
January 11, 2019 Opinion or Order Filing 40 ORDER granting #39 MOTION for Stephanie M. Papastephanou to Appear Pro Hac Vice. Attorney Stephanie M. Papastephanou for Plaintiffs Crown Packaging Technology, Inc. and CarnaudMetalbox Engineering Ltd. added. Signed by Magistrate Judge Robert S. Ballou on January 11, 2019. (ca)
January 10, 2019 Filing 39 MOTION for Stephanie M. Papastephanou to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3047306. by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc..Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
December 19, 2018 Opinion or Order Filing 38 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Robert S. Ballou on December 19, 2018. (ca)
November 29, 2018 Filing 37 MOTION for Protective Order by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc..Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
October 12, 2018 Filing 36 ANSWER and Affirmative Defenses to #30 Defendant's First Amended Counterclaim by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc..(Pulley, Glenn) Modified docket text on 10/12/2018 (ca).
October 9, 2018 Opinion or Order Filing 35 ORDER. It is hereby ORDERED that the Agreement submitted by Crown for filing under seal is withdrawn from consideration by the Court and the #27 Motion to Seal shall be denied as moot. Counsel for Crown shall arrange to retrieve the Agreement from the Clerk's Office. Signed by Magistrate Judge Robert S. Ballou on October 9, 2018. (ca)
October 4, 2018 Filing 34 NOTICE by Crown Packaging Technology, Inc. re #27 to Withdrawal Document Under Seal (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
October 2, 2018 Opinion or Order Filing 33 ORDER taking under advisement #27 Motion to Seal. Plaintiffs/Counterclaim Defendants have 14 days from the date this Order is docketed to submit a supplemental submission setting forth one of the three options as set forth herein. Signed by Magistrate Judge Robert S. Ballou on October 2, 2018. (ca)
September 28, 2018 Filing 32 Updated Report on the Filing or Determination of an Action Regarding a Patent or Trademark by the Clerk. (ca)
September 28, 2018 Filing 31 Response re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Motion to Dismiss or, in the Alternative, Sever and Stay Counterclaims and Compel Arbitration) . filed by Belvac Production Machinery, Inc.. (Riopelle, Brian)
September 28, 2018 Filing 30 FIRST AMENDED COUNTERCLAIM against CarnaudMetalbox Engineering Ltd., filed by Belvac Production Machinery, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Riopelle, Brian) Modified docket text on 9/28/2018 at filing attorney's request to add "First Amended" (ca).
September 14, 2018 Filing 29 Brief / Memorandum in Support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Motion to Dismiss or, in the Alternative, Sever and Stay Counterclaims and Compel Arbitration) (Brief in Support of Motion to Dismiss or, in the Alternative, Sever and Stay Counterclaim and Compel Arbitration). filed by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Attachments: #1 Exhibit 1 - TO BE FILED UNDER SEAL)(Pulley, Glenn)
September 14, 2018 Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Motion to Dismiss or, in the Alternative, Sever and Stay Counterclaims and Compel Arbitration) by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Pulley, Glenn)
September 14, 2018 Filing 27 MOTION to Seal (Plaintiff/Counterclaim Defendants' First Motion to File Document Under Seal) by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc..Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
August 24, 2018 Filing 26 Positive Corporate Disclosure Statement by Belvac Production Machinery, Inc. identifying Corporate Parent Delaware Capital Holdings, Inc., Corporate Parent Delaware Capital Formation, Inc., Corporate Parent Dover Engineered Systems, Inc., Corporate Parent Dover Corporation for Belvac Production Machinery, Inc., Belvac Production Machinery, Inc.. (Riopelle, Brian)
August 24, 2018 Filing 25 ANSWER to Complaint #1 , COUNTERCLAIM against All Plaintiffs by Belvac Production Machinery, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Riopelle, Brian)
August 23, 2018 Opinion or Order Filing 24 SCHEDULING ORDER. Signed by Magistrate Judge Robert S. Ballou on August 22, 2018. (sfc)
August 13, 2018 Filing 23 Rule 26(f) Agreed Written Plan by Plaintiffs CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc. (Attachments: #1 Exhibit A)(Pulley, Glenn)
August 13, 2018 Filing 22 Proposed Pretrial Order - Moon by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
July 27, 2018 Filing 21 AFFIDAVIT of Service for Summons & Complaint served on Belvac Production Machinery, Inc. c/o Corporation Service Company, Registered Agent on July 13, 2018.(ca)
July 26, 2018 Opinion or Order Filing 20 AGREED ORDER. For the reasons set forth herein, it is ORDERED that the Parties shall have until August 13, 2018 to submit a proposed Scheduling Order. Signed by Magistrate Judge Robert S. Ballou on July 26, 2018. (ca)
July 25, 2018 Filing 19 STIPULATION And Proposed Order Concerning Extension Of Time To Submit Proposed Modified Scheduling Order by Belvac Production Machinery, Inc. (Riopelle, Brian)
July 25, 2018 Opinion or Order Filing 18 ORAL ORDER granting #16 Motion for Extension of Time to Answer. Defendant Belvac Production Machinery, Inc's answer is due 8/24/2018. Entered by Magistrate Judge Robert S. Ballou on 7/25/2018. (rsb-lc1)
July 23, 2018 Opinion or Order Filing 17 PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). #16 Consent MOTION for Extension of Time to File Answer referred to Robert S. Ballou. Signed by Senior Judge Norman K. Moon on July 23, 2018. (ca)
July 20, 2018 Filing 16 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Belvac Production Machinery, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, George)
July 20, 2018 Filing 15 NOTICE of Appearance by David Evan Finkelson on behalf of Belvac Production Machinery, Inc. (Finkelson, David)
July 20, 2018 Filing 14 NOTICE of Appearance by George Brian Davis on behalf of Belvac Production Machinery, Inc. (Davis, George)
July 20, 2018 Filing 13 NOTICE of Appearance by Brian Charles Riopelle on behalf of Belvac Production Machinery, Inc. (Riopelle, Brian)
July 11, 2018 Opinion or Order Filing 12 ORDER granting #7 MOTION for John F. Murphy to Appear Pro Hac Vice; granting #8 MOTION for Daniel J. Goettle to Appear Pro Hac Vice; and granting #9 MOTION for Alaina J. Lakawicz to Appear Pro Hac Vice. Attorneys John F. Murphy, Daniel J. Goettle, and Alaina J. Lakawicz added for Crown Packaging Technology, Inc. and CarnaudMetalbox Engineering Ltd. Signed by Senior Judge Norman K. Moon on July 11, 2018. (ca)
July 10, 2018 Filing 11 Electronic Summons Issued as to Belvac Production Machinery, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(ca)
July 10, 2018 Filing 10 Notice of Correction: Document Nos. #3 and #4 (Positive Corporate Disclosure Statements) were modified to replace deficient/incorrect pdf documents with corrected, flattened pdf documents. (ca)
July 9, 2018 Filing 9 MOTION for Alaina J. Lakawicz to Appear Pro Hac Vice. by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
July 9, 2018 Filing 8 MOTION for Daniel J. Goettle to Appear Pro Hac Vice. by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
July 9, 2018 Filing 7 MOTION for John F. Murphy to Appear Pro Hac Vice. by CarnaudMetalbox Engineering Ltd., Crown Packaging Technology, Inc.. (Attachments: #1 Text of Proposed Order)(Pulley, Glenn)
July 9, 2018 Filing 6 Notice of Filing Requirement to Crown Packaging Technology, Inc. & CarnaudMetalbox Engineering Ltd. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ca)
July 9, 2018 Filing 5 Report on the Filing or Determination of an Action Regarding a Patent or Trademark by the Clerk. (ca)
July 9, 2018 Filing 4 Positive Corporate Disclosure Statement by CarnaudMetalbox Engineering Ltd. identifying Corporate Parent Crown Holdings Incorporated for CarnaudMetalbox Engineering Ltd. (Pulley, Glenn) (Main Document 4 replaced on 7/10/2018 with flattened version.) (ca)
July 9, 2018 Filing 3 Positive Corporate Disclosure Statement by Crown Packaging Technology, Inc. identifying Corporate Parent Crown Holdings Incorporated for Crown Packaging Technology, Inc.. (Pulley, Glenn) (Main Document 3 replaced on 7/10/2018 with flattened version.) (ca)
July 9, 2018 Filing 2 Proposed Summons by Crown Packaging Technology, Inc., CarnaudMetalbox Engineering Ltd. as to All Defendants.(Pulley, Glenn)
July 9, 2018 Filing 1 COMPLAINT against Belvac Production Machinery, Inc. (Filing & Administrative fee $400, Receipt No. 0423-2932361), filed by Crown Packaging Technology, Inc. & CarnaudMetalbox Engineering Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(ca)

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Search for this case: Crown Packaging Technology, Inc. et al v. Belvac Production Machinery, Inc.
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Plaintiff: CarnaudMetalbox Engineering Ltd.
Represented By: Amanda M. Morgan
Represented By: Glenn Walthall Pulley
Represented By: John F. Murphy
Represented By: Alaina J. Lakawicz
Represented By: Daniel J. Goettle
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Plaintiff: Crown Packaging Technology, Inc.
Represented By: Amanda M. Morgan
Represented By: Glenn Walthall Pulley
Represented By: John F. Murphy
Represented By: Alaina J. Lakawicz
Represented By: Daniel J. Goettle
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Defendant: Belvac Production Machinery, Inc.
Represented By: David Evan Finkelson
Represented By: Brian Charles Riopelle
Represented By: George Brian Davis
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