Pierce Manufacturing Inc v. REV Group, Inc et al
| Pierce Manufacturing Inc |
| E-ONE Inc and REV Group Inc |
| 1:2018cv00284 |
| February 23, 2018 |
| US District Court for the Eastern District of Wisconsin |
| Green Bay Office |
| Outagamie |
| William C Griesbach |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Filing 75 Report to the Commissioner of Patents and Trademarks (lh) |
| Filing 74 TRANSCRIPT of HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION & DEFENDANTS' MOTION TO DISMISS held on 4/20/2018 before Judge William Griesbach Court Reporter/Transcriber John Schindhelm, Contact at WWW.JOHNSCHINDHELM.COM to order directly... OR. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/2/2018. (Schindhelm, John) |
| Case transferred from Wisconsin Eastern has been opened in Middle District of Florida as case 8:18-cv-00976, filed 04/20/2018. (tlf) |
Filing 73
Order to Transfer Case signed by Chief Judge William C. Griesbach on 4/20/18. Defendant's #22 Motion to dismiss or transfer is GRANTED. The Clerk is directed to take all steps appropriate to transfer the case to the Middle District of Florida. Plaintiff's #6 Motion for preliminary injunction is DENIED AS MOOT. The parties' #14 #42 #62 Motions to seal and restrict documents are GRANTED. (cc: all counsel)(Griesbach, William)
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| Filing 72 Minute Entry for proceedings held before Chief Judge William C Griesbach: Motion Hearing held on 4/20/2018 re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida filed by E-ONE Inc, REV Group Inc, #6 MOTION for Preliminary Injunction filed by Pierce Manufacturing Inc. The court grants the motion to transfer venue to the Middle District of Florida. (Tape #042018) (cav) |
| Case Electronically Transmitted to the USDC Middle District of Florida on 4/20/2018. (lh) |
| Filing 71 UNPUBLISHED Decision and Other Materials Cited in Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint filed by All Defendants (Attachments: #1 Exhibit Part 2 of Unpublished Opinions, #2 Exhibit Part 3 of Unpublished Opinions)(Margolies, Jonathan) |
| Filing 70 DECLARATION of Timothy W. Sullivan in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint (Margolies, Jonathan) |
| Filing 69 DECLARATION of Dean Nolden in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint (Margolies, Jonathan) |
| Filing 68 DECLARATION of Ryan Clarey in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint (Margolies, Jonathan) |
| Filing 67 REPLY BRIEF in Support filed by All Defendants re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida . (Margolies, Jonathan) |
| Filing 66 NOTICE of Appearance by Joshua M Weeks on behalf of Pierce Manufacturing Inc. Attorney(s) appearing: Joshua Weeks (Weeks, Joshua) |
| Filing 65 DECLARATION of Michael Dufrane (Redacted) re #57 Declaration (Schmidt, Thomas) |
| Filing 64 DECLARATION of Andrew W. Carter (Redacted) re #61 Declaration (Schmidt, Thomas) |
| Filing 63 REPLY BRIEF in Support filed by Pierce Manufacturing Inc re #6 MOTION for Preliminary Injunction (Redacted). (Schmidt, Thomas) |
| Filing 62 MOTION to Restrict Document by Pierce Manufacturing Inc. (Schmidt, Thomas) |
| Filing 61 DECLARATION of Andrew W. Carter This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) |
| Filing 60 DECLARATION of Scott Pivnick in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11)(Schmidt, Thomas) |
| Filing 59 DECLARATION of David McAlice in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 5)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) |
| Filing 58 Report from Dr. Thomas Kurfess Regarding Infringement and Validity of U.S. Patent Nos. 9,597,536 and 9,814,915. (Attachments: #1 Exhibit 4)(Schmidt, Thomas) |
| Filing 57 DECLARATION of Michael Dufrane in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 2, #2 Exhibit 3)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) |
| Filing 56 DECLARATION of Lisa Barwick in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 1)(Schmidt, Thomas) |
| Filing 55 REPLY BRIEF in Support filed by Pierce Manufacturing Inc re #6 MOTION for Preliminary Injunction . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) |
| Filing 54 NOTICE by All Defendants of Correction Regarding Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction (ECF No. 44) (Margolies, Jonathan) |
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Filing 53
TEXT ONLY ORDER GRANTING #52 Rule 7(h) Motion for Leave to File Excess Pages, filed by Pierce Manufacturing Inc, signed by Chief Judge William C. Griesbach on 04/18/2018. The Plaintiff's Reply brief shall not exceed 40 pages. (cc: all counsel)(Griesbach, William)
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| Filing 52 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Excess Pages by Pierce Manufacturing Inc. (Schmidt, Thomas) |
| NOTICE of TIME CHANGE for Hearing on #6 MOTION for Preliminary Injunction , #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida : Motion Hearing set for 4/20/2018 09:00 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Chief Judge William C Griesbach. (cc: all counsel)(tlf) |
| Filing 51 UNPUBLISHED Decision in Opposition to Plaintiffs Motion for Preliminary Injunction filed by All Defendants (Attachments: #1 Exhibit Unpublished Opinions - Part 2, #2 Exhibit Unpublished Opinions - Part 3)(Margolies, Jonathan) |
| Filing 50 DECLARATION of Alan Saulsbury in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 ALAN SAULSBURY - Resume, #2 Exhibit 2 US9597536, #3 Exhibit 3 FH15351417, #4 Exhibit 4 US9814915, #5 Exhibit 5 FH15460901, #6 Exhibit 6 US9504863, #7 Exhibit 7 FH14552252, #8 Exhibit 8 METRO 100 - E-ONE - Website, #9 Exhibit 9-1.1 1996 Seagrave 100' single-axle rear mount quint (New), #10 Exhibit 9-1.2 Lincolnshire-Riverwoods sells Seagrave units chicagoareafire, #11 Exhibit 9-1.3 Apparatus - Mt Washington Fire Protection District, #12 Exhibit 9-2 1997 Seagrave Town of Essex, MA - Essex Fire Department Apparatus, #13 Exhibit 9-3 2012 Spicer Drive Axles Application Guidelines - Dana Corporation, #14 Exhibit 9-4 2012 Spicer steeraxlesappguide, #15 Exhibit 9-5 Meritor SP1226, #16 Exhibit 9-6 2011-11-22 FAMA Emergency Vehicle Size and Weight Regulation Guideline, #17 Exhibit 9-7 Steel vs Aluminum, #18 Exhibit 9-8 BILLS-112hr7rh, #19 Exhibit 9-9 2013-10-19 Aerial Ladders Brochure, #20 Exhibit 9-10 2015 DoT compilation of state truck laws, #21 Exhibit 9-11 2013-09-15 Pierce Velocity _ All, #22 Exhibit 9-12 2011-08-29 Pierce Quantum-All, #23 Exhibit 9-13 2012-02-01 Pierce Arrow XT-All, #24 Exhibit 9-14 2013-08-23 100' Aluminum ladder_All, #25 Exhibit 9-15 2012-08-14 100' Pierce Mid-Mount Ladder-All, #26 Exhibit 9-16 2012-08-28 105' Heavy Duty Ladder_All, #27 Exhibit 9-17 2012-08-28-100' Heavy Duty Ladder _ All, #28 Exhibit 9-18 2013-06-12 CustomChassis Brochure, #29 Exhibit 9-19 US5368317 to McCombs, #30 Exhibit 9-20 US6755258 to Hunke, #31 Exhibit 9-21 US6811161 to Anderson I, #32 Exhibit 9-22 20090174158 to Anderson II, #33 Exhibit 9-23 US20090101436 to Burman, #34 Exhibit 9-24 KME's Tractor Drawn Aerial Fire Trucks, #35 Exhibit 10 Claim Charts, #36 Exhibit 11 NFPA 1901-1991, #37 Exhibit 12 1901-09-PDF, #38 Exhibit 13 NFPA 1901-16-PDF, #39 Exhibit 14_PART 1 of 2_Industry tip load publication, #40 Exhibit 14_PART 2 of 2_Industry tip load publication)(Margolies, Jonathan) |
| Filing 49 DECLARATION of Craig Forest, PhD in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 CV_(18-04-05) Forest, #2 Exhibit 2 US9597536, #3 Exhibit 3 FH15351417, #4 Exhibit 4 US9814915, #5 Exhibit 5 FH15460901, #6 Exhibit 6 US9504863, #7 Exhibit 7 FH14552252, #8 Exhibit 8 METRO 100 - E-ONE - Website, #9 Exhibit 9-1.1 1996 Seagrave 100' single-axle rear mount quint (New), #10 Exhibit 9-1.2 Lincolnshire-Riverwoods sells Seagrave units chicagoareafire, #11 Exhibit 9-1.3 Apparatus - Mt Washington Fire Protection District, #12 Exhibit 9-2 1997 Seagrave Town of Essex, MA - Essex Fire Department Apparatus, #13 Exhibit 9-3 2012 Spicer Drive Axles Application Guidelines - Dana Corporation, #14 Exhibit 9-4 2012 Spicer steeraxlesappguide, #15 Exhibit 9-5 Meritor SP1226, #16 Exhibit 9-6 2011-11-22 FAMA Emergency Vehicle Size and Weight Regulation Guideline, #17 Exhibit 9-7 Steel vs Aluminum, #18 Exhibit 9-8 BILLS-112hr7rh, #19 Exhibit 9-9 2013-10-19 Aerial Ladders Brochure, #20 Exhibit 9-10 2015 DoT compilation of state truck laws, #21 Exhibit 9-11 2013-09-15 Pierce Velocity _ All, #22 Exhibit 9-12 2011-08-29 Pierce Quantum-All, #23 Exhibit 9-13 2012-02-01 Pierce Arrow XT-All, #24 Exhibit 9-14 2013-08-23 100' Aluminum ladder_All, #25 Exhibit 9-15 2012-08-14 100' Pierce Mid-Mount Ladder-All, #26 Exhibit 9-16 2012-08-28 105' Heavy Duty Ladder_All, #27 Exhibit 9-17 2012-08-28-100' Heavy Duty Ladder _ All, #28 Exhibit 9-18 2013-06-12 CustomChassis Brochure, #29 Exhibit 9-19 US5368317 to McCombs, #30 Exhibit 9-20 US6755258 to Hunke, #31 Exhibit 9-21 US6811161 to Anderson I, #32 Exhibit 9-22 20090174158 to Anderson II, #33 Exhibit 9-23 US20090101436 to Burman, #34 Exhibit 9-24 KME's Tractor Drawn Aerial Fire Trucks, #35 Exhibit 10 Claim Charts, #36 Exhibit 11 NFPA 1901-1991, #37 Exhibit 12 1901-09-PDF, #38 Exhibit 13 NFPA 1901-16-PDF, #39 Exhibit 14_PART 1 of 2_Industry tip load publication, #40 Exhibit 14_PART 2 of 2_Industry tip load publication)(Margolies, Jonathan) |
| Filing 48 DECLARATION of James Salmi in Opposition to Plaintiff's Motion for Preliminary Injunction (Margolies, Jonathan) |
| Filing 47 DECLARATION of Ralph Craven in Opposition to Plaintiff's Motion for Prelimiary Injunction (Margolies, Jonathan) |
| Filing 46 DECLARATION of Richard F. Bero in Opposition to Plaintiff's Motion for Prelimiary Injunction This document and/or certain attachments are SEALED and only viewable by permission of the court(Margolies, Jonathan) |
| Filing 45 DECLARATION of Samuel A. Lewis in Opposition to Plaintiff's Motion for Prelimiary Injunction (Attachments: #1 Exhibit A Letter of 6-13-2017, #2 Exhibit B 06 Dec 2010 chicagoareafire, #3 Exhibit C-Apparatus - Mt Washington Fire Protection District, #4 Exhibit D-Reddit Discussion2, #5 Exhibit E-Reddit Discussion1, #6 Exhibit F-The Fire Apparatus and Equipment Market in 2018, #7 Exhibit G-Draft 915 PGR Petition, #8 Exhibit H-Draft 536 IPR petition)(Margolies, Jonathan) |
| Filing 44 BRIEF in Opposition filed by All Defendants re #6 MOTION for Preliminary Injunction SEALED. This document and/or certain attachments are SEALED and only viewable by permission of the court(Margolies, Jonathan) |
| Filing 43 BRIEF in Opposition filed by All Defendants re #6 MOTION for Preliminary Injunction Redacted. (Margolies, Jonathan) |
| Filing 42 MOTION to Seal Document by All Defendants. (Margolies, Jonathan) |
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Filing 41
TEXT ONLY ORDER GRANTING #40 Unopposed Motion for Leave to File Excess Pages filed by E-ONE Inc, REV Group Inc, signed by Chief Judge William C. Griesbach on 04/09/2018. The Response brief shall not exceed 55 pages. (cc: all counsel)(Griesbach, William)
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| Filing 40 Unopposed MOTION for Leave to File Excess Pages by All Defendants. (Margolies, Jonathan) |
| Filing 39 RESPONSE to Motion filed by Pierce Manufacturing Inc re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida . (Schmidt, Thomas) |
| Filing 38 DECLARATION of Scott Pivnick in Support of Plaintiff's Response to Defendants' Motion to Dismiss and/or Transfer Complaint (Attachments: #1 REV Group Fire Division E-One Unveils New HR 100 Aerial Ladder, #2 Complaint filed by E-One and REV before the Middle District of Florida in Case No. 8:18-cv-617-JSM-TGW, #3 E-Ones foreign profit corporation filing information, as recorded with the Florida Division of Corporations, #4 US & Canada Dealer Search, #5 Report and Recommendation filed in Am. GNC Corp. v. ZTE Corp., Case No. 4:17-cv-620-ALM-KPJ (E.D. Tex. Oct. 4, 2017), #6 Homepage from E-Ones website)(Schmidt, Thomas) |
| Filing 37 DECLARATION of Lisa Barwick (Schmidt, Thomas) |
| Filing 36 SUMMONS Returned Executed by All Plaintiffs. E-ONE Inc served on 3/19/2018. (Schmidt, Thomas) |
| Filing 35 NOTICE of Appearance by Samuel A Lewis on behalf of All Defendants. Attorney(s) appearing: Samuel A. Lewis (Lewis, Samuel) |
| Filing 34 NOTICE of Appearance by James A Gale on behalf of All Defendants. Attorney(s) appearing: James A Gale (Gale, James) |
| Filing 33 NOTICE of Appearance by James A Gale on behalf of All Defendants. Attorney(s) appearing: James A. Gale, Samuel A. Lewis and Lawrence S. Gordon (Gale, James) |
| NOTICE of Hearing on Motion #6 MOTION for Preliminary Injunction : (cc: all counsel) Motion Hearing set for 4/20/2018 at 09:30 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Chief Judge William C Griesbach. (lh) |
| Filing 32 Minute Order. Proceedings held before Chief Judge William C Griesbach: Telephone Motion Hearing held on 3/19/2018. The Court GRANTS Defendant's #29 Emergency MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. Response is due 4/9/18, Reply is due 4/18/18. The Court adopts an Oral Protective Order. Motion Hearing re: #6 Plaintiff's Motion for Preliminary Injunction is set for 4/20/2018 09:30 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Chief Judge William C Griesbach. (Tape #031918) (lh) |
| Filing 31 NOTICE of Appearance by Patricia Linn Jenness on behalf of All Defendants. Attorney(s) appearing: Patricia L. Jenness (Jenness, Patricia) |
| NOTICE of Hearing on #29 Emergency MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction : Motion Hearing set for 3/19/2018 02:00 PM before Chief Judge William C Griesbach. Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please contact the Office of the Clerk at 920-455-7381 if you should have any questions. (cc: all counsel)(tlf) |
| Filing 30 DECLARATION of Samuel A. Lewis (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Margolies, Jonathan) |
| Filing 29 Emergency MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction by All Defendants. (Attachments: #1 Text of Proposed Order)(Margolies, Jonathan) |
| Filing 28 DISCLOSURE Statement by All Defendants. (Margolies, Jonathan) |
| Filing 27 DECLARATION of William J. Himstedt (Margolies, Jonathan) |
| Filing 26 DECLARATION of James Salmi (Margolies, Jonathan) |
| Filing 25 DECLARATION of Amanda Patek (Margolies, Jonathan) |
| Filing 24 DECLARATION of James A. Gale (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Margolies, Jonathan) |
| Filing 23 BRIEF in Support filed by All Defendants re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida . (Margolies, Jonathan) |
| Filing 22 MOTION to Dismiss and/or, MOTION to Transfer Case to District Court for the Middle District of Florida by All Defendants. (Margolies, Jonathan) |
| Filing 21 SUMMONS Returned Executed by Pierce Manufacturing Inc. E-ONE Inc served on 2/26/2018. (Attachments: #1 Exhibit 1 - Certified Return Receipt, #2 Exhibit 2 - Proof of Delivery)(Schmidt, Thomas) |
| Filing 20 SUMMONS Returned Executed by Pierce Manufacturing Inc. REV Group Inc served on 2/26/2018. (Coley, Sherry) |
| NOTICE of Electronic Filing Error re #12 and #19 Declarations, contained documents that should have been uploaded as attachments to the main document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (lh) |
| Filing 19 DECLARATION of Andrew W. Carter with attachments This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) |
| Filing 18 DECLARATION of Lisa Barwick in Support of Plaintiff's Motion for Preliminary Injunction This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) |
| Filing 17 DECLARATION of Michael Dufrane in Support of Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 53 - Discount Price Request Form, #2 Exhibit 54 - Discount Price Request Form, #3 Exhibit 55 - Pierce Playbook, #4 Exhibit 56 - Sample of Pierce Presentation Regarding Ascendant Line of Products)This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) |
| Filing 16 DECLARATION of Jeff Trelka in Support of Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 57 - Chart Showing Pierce's Revenue, Expenditurs and New Product Development (2003-2017), #2 Exhibit 58 - Charts Containing Sales and Profitability for Various Pierce Product Lines (2008 - 1st Qtr 2018), #3 Exhibit 59 - Chart Containing List of Pierce Customers)This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) |
| Filing 15 BRIEF in Support filed by All Plaintiffs re #6 MOTION for Preliminary Injunction . This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) |
| Filing 14 MOTION to Seal Document by All Plaintiffs. (Attachments: #1 Text of Proposed Order on Motion to File Documents Under Seal)This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) |
| Filing 13 DECLARATION of Dr. Thomas Kurfess Regarding Infringement of U.S. Patent Nos. 9,597,536 and 9,814,915 (Attachments: #1 Exhibit 71 - Chart of Analysis of How Metro 100 Quint Infringes 536 Patent, #2 Exhibit 72 - Chart of Analysis of How Metro 100 Quint Infringes 915 Patent, #3 Exhibit 75 - Claim Chart Showing Ascendant 107 and Ascendant 110 Practice U.S. Patent No. 9,597,536, #4 Exhibit 76 - Claim Chart Showing Ascendant 107 and Ascendant 110 Practice U.S. Patent No. 9,597,536)(Coley, Sherry) |
| Filing 12 DECLARATION (redacted) of Andrew W. Carter with attachments (Coley, Sherry) Modified text on 2/26/2018 (lh). Modified on 2/26/2018 as redacted (lh). |
| Filing 11 DECLARATION (redacted) of Lisa Barwick in Support of Plaintiff's Motion for a Preliminary Injunction (Coley, Sherry) Modified as redacted on 2/26/2018 (lh). |
| Filing 10 DECLARATION of Michael Dufrane in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 53 - Discount Price Request Form (REDACTED), #2 Exhibit 54 - Discount Price Request Form (REDACTED), #3 Exhibit 55 - Pierce Playbook (REDACTED), #4 Exhibit 56 - Sample of Pierce Presentation Regarding Ascendant Line of Products (REDACTED), #5 Exhibit 70 - Gates Fire District Bid Specification Package)(Coley, Sherry) |
| Filing 9 DECLARATION of Jeff Trelka in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 57 - Chart Showing Pierce's Revenue, Expenditurs and New Product Development (2003-2017) (REDACTED), #2 Exhibit 58 - Charts Containing Sales and Profitability for Various Pierce Product Lines (2008 - 1st Qtr 2018) (REDACTED), #3 Exhibit 59 - Chart Containing List of Pierce Customers (REDACTED))(Coley, Sherry) |
| Filing 8 DECLARATION of Scott J. Pivnick in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 1 - About Us Page from Pierce's Website, #2 Exhibit 2 - Agenda Item Cover Letter from City of Guthrie, OK, dated 12/6/16, #3 Exhibit 3 - Ascendant Class of Aerials - Frequently Asked Questions, #4 Exhibit 4 - Ascendant Class of Aerials Page from Pierce's Website, #5 Exhibit 5 - City Commission Agenda Memo from the City of Manhattan, KS, dated 12/21/15, #6 Exhibit 6 - City Council Work Session from the City of Belton, MO, dated 12/1/15, #7 Exhibit 7 - Report to the Redding City Council from the City of Redding, CA, dated 7/19/16, #8 Exhibit 8 - Fire Apparatus - Amazing Vehicles That Do Amazing Jobs Page from MySafe: Californias Website, #9 Exhibit 9 - Fire Truck Manufacturing - US: Market Research Report Published by IBISWorld - November 2017, #10 Exhibit 10 - General Purpose and Emergency Vehicles Page from HGACBuy's Website, #11 Exhibit 11 - Homepage from HGACBuy's Website, #12 Exhibit 12 - Investor Presentation Published by REV Group - November 2017, #13 Exhibit 13 - Article re Louisburg (KS) Fire Department Adds 107-Foot Ascendant Aerial Quint to Fleet - 4/15/16, #14 Exhibit 14 - Article re New Pierce Ascendant Aerial Ladder Delivers 107-Foot Vertical Reach - 4/23/15, #15 Exhibit 15 - Memorandum from Southern Manatee Fire and Rescue Dept. - 9/14/16, #16 Exhibit 16 - Article re Pierce Ascendant Class of Aerials are Introduced - 4/27/17, #17 Exhibit 17 - News Release Issued by REV Group on 4/25/17, #18 Exhibit 18 - News Release Issued by E-ONE, Inc. - 10/20/17, #19 Exhibit 19 - Article re S.C. County to Standardize Fire Fleet with 9 Apparatus Orders - 8/9/16, #20 Exhibit 20 - Article re The Ascendant - 6/1/15, #21 Exhibit 21 - Metro 100 Quint Page from E-ONE's Website, #22 Exhibit 22 - Timeline Page from Pierce's Website, #23 Exhibit 23 - Truck Spec Committee Report from East Manatee Fire Rescue - 5/1/17, #24 Exhibit 24 - Village Board Agenda Memo - 1/24/17, #25 Exhibit 25 - Excerpts from 2016 Edition of National Fire Protection Association 1901, #26 Exhibit 26 - Article re Aerial Manufacturers Focus on Improving the 100-Footers - 4/15/15, #27 Exhibit 27 - Article re Lebanon (IN) Fire Department Turns to E-ONE - 8/18/17, #28 Exhibit 28 - Article re Apparatus Purchasing: Factory Direct - 2/5/14, #29 Exhibit 29 - Article re Spec Writing to Get What You Want - 5/1/19, #30 Exhibit 30 - Article re Apparatus Trends in 2012 and Beyond - 6/5/12, #31 Exhibit 31 - Article re Apparatus Upgrades and Changes to FDIC 2015 - 8/1/15, #32 Exhibit 32 - Article re Enhancing Operations - 7/1/16, #33 Exhibit 33 - Article re Responsible Fleet Management for Emergency Response Vehicles - 6/4/13, #34 Exhibit 34 - FAMA Buyer's Guide TC031 Aerial Appratus, #35 Exhibit 35 - Article re The State of the Industry - 12/5/14, #36 Exhibit 36 - SEC Form 10-K for Fiscal Year Ending 9/30/17 for Oshkosh Corp., #37 Exhibit 37 - Article re The Fire Appartus Market is Coming Back..., #38 Exhibit 38 - SEC Form 10-K for Fiscal Year Ending 10/31/17 for REV Group, #39 Exhibit 39 - Article re Quints' Roles Vary Depending on Department - 6/30/15, #40 Exhibit 40 - Article re Are American Fire Trucks Too Big? - 3/16/16, #41 Exhibit 41 - Article re Tips and Tools for Writing Better Fire Appartus Purchasing Specifications - 3/3/17, #42 Exhibit 42 - Article re Standardizing Vehicles to Streamline Operations - March 2017, #43 Exhibit 43 - U.S. Patent No. 9,597,536, #44 Exhibit 44 - U.S. Patent No. 9,814,915, #45 Exhibit 45 - Article re Speccing Rural Fire Appartus - 1/17/13, #46 Exhibit 46 - Article re Appartus Purchasing: Back to Basics - 9/1/12, #47 Exhibit 47 - Article re Serious Decisions are Necessary When Specifying Aerial Apparatus - 6/1/10, #48 Exhibit 48 - Near-Term Investments Building Long-Term Growth - 1/17/18, #49 Exhibit 49 - REV Group, Inc. Analyst Day Takeaways - 1/17/18, #50 Exhibit 50 - Ascendant 107' Heavy Duty Ladder Page from Pierce's Website, #51 Exhibit 51 - Ascendant 107' Single Axle Heavy-Duty Aerial Ladder Page from Pierce's Brochure, #52 Exhibit 52 - News Release - 12/15/16, #53 Exhibit 60 - News Release - 10/20/17, #54 Exhibit 61 - News Release, #55 Exhibit 62 - Facebook Post from E-ONE - 5/24/17, #56 Exhibit 63 - Facebook Post from E-ONE - 6/2/17, #57 Exhibit 64 - Web Page Entitled Type 1 Fire Engine, #58 Exhibit 65 - Print Ads for Ascendant 107 Single Axle Ladder, #59 Exhibit 66 - NYSE OSK Financials Income Statement for Oshkosh Corp., #60 Exhibit 67 - NYSE OSK Financials Segments for Oshkosh Corp., #61 Exhibit 68 - NYSE REV Financials Income Statement for REV Group, #62 Exhibit 69 - NYSE REV Financials Segments for REV Group, #63 Exhibit 73 - Photograph of HM100 Ladder Plate, #64 Exhibit 74 - Excerpts from 2016 Edition of National Fire Protection Association 1901, #65 Exhibit 77 - Sarasota County Product Specification for Metro 100 Quint, #66 Exhibit 78 - Defendants' Metro 100 Quint Marketing Flyer, #67 Exhibit 79 - 2017-2018 Dana Specifications Guide, #68 Exhibit 80 - Brochure for Ascendant 107, #69 Exhibit 81 - Ascendant 107 Specifications -, #70 Exhibit 82 - Ascendant 110 Specifications)(Coley, Sherry) |
| Filing 7 BRIEF (redacted) in Support filed by All Plaintiffs re #6 MOTION for Preliminary Injunction . (Coley, Sherry) Modified as redacted on 2/26/2018 (lh). |
| Filing 6 MOTION for Preliminary Injunction by All Plaintiffs. (Coley, Sherry) |
| Filing 5 Report to the Commissioner of Patents and Trademarks (Coley, Sherry) |
| Filing 4 DISCLOSURE Statement by All Plaintiffs. (Coley, Sherry) |
| Filing 3 Refusal to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Coley, Sherry) |
| Filing 2 REQUEST for Issuance of Summons by All Plaintiffs (Coley, Sherry) |
| Filing 1 COMPLAINT with Jury Demand; against All Defendants by Pierce Manufacturing Inc. ( Filing Fee PAID $400 receipt number 0757-2776231) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Affidavit Declaration of Scott J. Pivnick in Support of Plaintiff's Complaint, #3 Exhibit 1 - REV Group Quarterly Report, #4 Exhibit 2 - E-One Annual Report (FL), #5 Exhibit 3 - 536 Patent, #6 Exhibit 4 - 915 Patent, #7 Exhibit 5 - Metro 100 Quint Specifications, #8 Exhibit 6 - 536 Infringement Chart 4, #9 Exhibit 7 - 915 Infringement Chart 3, #10 Exhibit 8 - Metro 100 Quint Flyer, #11 Exhibit 9 - HM 100 Ladder Capacity Plate, #12 Exhibit 10 - NFPA 1901)(Coley, Sherry) |
| Summons Issued as to All Defendants. (lh) |
| NOTICE Regarding assignment of this matter to Chief Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl) |
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