Delta Faucet Company v. Kohler Co
Plaintiff: Delta Faucet Co
Defendant: Kohler Co
Case Number: 2:2021cv00003
Filed: January 4, 2021
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: Pamela Pepper
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2022 Opinion or Order Filing 62 TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 5/24/2022. The parties filed a Joint Status Report, indicating that they continue to try to reach a settlement and asking the court to extend the current stay of this case for another 30 days to allow the opportunity for the parties to finalize a settlement. Dkt. No. 61. The court GRANTS the parties' request and ORDERS that pending deadlines set by the court in its September 2, 2021 scheduling order, dkt. no. 54, remain STAYED to allow the parties to continue settlement negotiations. Any party may move to lift the stay and set new deadlines if necessary. The court further ORDERS that if dismissal documents have not been filed by the end of the day on June 24, 2022, the parties shall file another joint report updating the court as to the status of the settlement discussions and the parties' proposed next steps. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
May 20, 2022 Filing 61 STATUS REPORT (Joint Status Report) by Kohler Co. (Duchemin, Matthew)
March 22, 2022 Opinion or Order Filing 60 TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 3/22/2022 re #59 Joint Civil L.R. 7(h) Expedited Non-Dispositive Motion to Stay Scheduling Pending Settlement Discussions. The court GRANTS the parties' motion and ORDERS that the pending deadlines set by the court in its September 2, 2021 scheduling order, dkt. no. 54, are STAYED to allow the parties to continue to explore the possibility of a settlement in this case. Any party may move to lift the stay and set new deadlines if necessary. The court further ORDERS that if a notice of settlement or dismissal documents have not been filed by the end of the day on May 20, 2022, the parties shall file a joint report updating the court as to the status of settlement discussions and their proposed next steps. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
March 21, 2022 Filing 59 Rule 7(h) Expedited Non-Dispositive MOTION to Stay Schedule Pending Settlement Discussions (Joint Motion) by Kohler Co. (Attachments: #1 Text of Proposed Order)(Snyder, Martha)
December 14, 2021 Filing 58 NOTICE of Appearance by Matthew J Duchemin on behalf of Kohler Co. Attorney(s) appearing: Matthew J. Duchemin (Duchemin, Matthew)
September 7, 2021 Filing 57 Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #50 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)
September 7, 2021 Filing 56 Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #50 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)
September 7, 2021 Filing 55 Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #49 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)
September 2, 2021 Opinion or Order Filing 54 SCHEDULING ORDER signed by Chief Judge Pamela Pepper on 9/2/2021. See order at 6-7 for schedule. (cc: all counsel)(cb)
September 1, 2021 Opinion or Order Filing 53 TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 09/01/2021 re #48 MOTION to Restrict Document filed by Kohler Co.: The defendant has asked the court to restrict certain documents to be viewed by case participants only, on the basis that the documents have been designated confidential under a protective order. In Baxter Intern. Inc. v. Abbott Laboratories, 297 F.3d 544, 545-47 (7th Cir. 2002) and its progeny, the Seventh Circuit emphasized that documents filed with the court are presumed public and that simply asserting that the document is subject to a protective order, or asserting that the document contains trade secrets or other proprietary or confidential information, is not sufficient justification for a court to grant a motion to seal. Under normal circumstances, the court would require the parties to provide more information about why the documents the defendant seeks to restrict should be treated as confidential. But the defendant represents that the documents have been designated as confidential by a non-party. Given that the documents were produced by a non-party to the litigation, the court will grant the motion to restrict. The court ORDERS that the clerk's office must RESTRICT TO VIEWING BY THE COURT AND CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 49, 50, 51 and 51-8 until further order of the court. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)
August 24, 2021 Filing 52 JOINT REPORT of Rule 26(f) Plan Proposed First Amended Schedule by Delta Faucet Co. (Attachments: #1 Exhibit A-First Amended Proposed Schedule, #2 Exhibit B-Parties' Statements, #3 Exhibit C-Table of Proposed Schedule)(Moustakas, George)
August 4, 2021 Filing 51 DECLARATION of Lauren Bolcar in Support of Defendant's Applications for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention (Attachments: #1 RESTRICTED Declaration of Lauren Bolcar, #2 Exhibit 1 - U.S. Patent Application Pub. No. 2010/0170587, #3 Exhibit 2 - Germany Utility Model Application DE 20 2005 013 425.2 U1, #4 Exhibit 3 - Notice from Weidplas website, #5 Exhibit 4 - Press Release from Weidplas website, #6 Exhibit 5 - Techniplas US LLC's Responses and Objections to Kohler's Subpoena, #7 Exhibit 6 - Notice of Subpoena to Hansgrohe, #8 REDACTED Exhibit 7 - Hansgrohe document, #9 RESTRICTED Exhibit 7 - Hansgrohe document)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(Noel, Kristin)
August 4, 2021 Filing 50 Redacted MOTION for Issuance of Letters Rogatory (Defendant's Application for Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention - Hansgrohe SE and Mr. Henning Kaess) by Kohler Co. (Attachments: #1 RESTRICTED Defendant's Application for Issuance of Letters of Request, #2 Exhibit A - Proposed Request for International Judicial Assistance - Hansgrohe SE, #3 Exhibit B - Proposed Request for International Judicial Assistance - Mr. Henning Kaess)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(Noel, Kristin)
August 4, 2021 Filing 49 Redacted MOTION for Issuance of Letters Rogatory (Defendant's Application for Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention - Weidplas GmbH) by Kohler Co. (Attachments: #1 RESTRICTED Defendant's Application for Issuance of Letters of Request, #2 Exhibit A - Proposed Request for International Judicial Assistance Pursuant to the Hague Convention)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(Noel, Kristin)
August 4, 2021 Filing 48 MOTION to Restrict Document by Kohler Co. (Attachments: #1 Text of Proposed Order)(Noel, Kristin)
July 29, 2021 Filing 47 Rule 7(h) Expedited Non-Dispositive MOTION for Order by Kohler Co. (Snyder, Martha)
June 2, 2021 Filing 46 JOINT REPORT of Rule 26(f) Plan Proposed Amended Schedule by Delta Faucet Co. (Attachments: #1 Exhibit A-Amended Proposed Schedule, #2 Exhibit B-Parties' Statements, #3 Exhibit C-Table of Proposed Schedule)(Moustakas, George)
May 12, 2021 Filing 45 Court Minutes and Order RE: Scheduling Conference held on 5/12/2021 before Chief Judge Pamela Pepper:. The court ORDERS that the parties must file a modified Rule 26(f) plan that includes the details discussed at todays hearing by the end of the day on May 28, 2021. (kgw)
May 12, 2021 Filing 44 Audio of scheduling conference held on 05/12/2021 at 1:33 p.m.; File Size (12.3 MB) (kgw)
April 27, 2021 Filing 43 STIPULATION OF DISMISSAL OF THE '079 PATENT by Delta Faucet Co. (Moustakas, George)
March 29, 2021 NOTICE of Hearing: Scheduling Conference set for 5/12/2021 at 1:30 PM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 888-557-8511 and entering access code 4893665#. (cc: all counsel) (cb)
March 22, 2021 Opinion or Order Filing 42 PROTECTIVE ORDER signed by Chief Judge Pamela Pepper on 3/22/2021 GRANTING #41 joint motion for protective order. (cc: all counsel)(cb)
March 18, 2021 Filing 41 Joint MOTION for Protective Order by Kohler Co. (Attachments: #1 Exhibit A - Stipulated Protective Order, #2 Exhibit B - Redline Comparison)(Snyder, Martha)
February 16, 2021 Filing 40 Joint REPORT of Rule 26(f) Plan by Kohler Co. (Snyder, Martha)
February 3, 2021 Filing 39 ANSWER to Counterclaim re #33 filed by Delta Faucet Co. (Moustakas, George)
January 25, 2021 Filing 38 Magistrate Judge Jurisdiction Form filed by Kohler Co. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Snyder, Martha)
January 25, 2021 Filing 37 Mail Sent ( #30 Letter) to Michael A Swift Returned as Undeliverable - Not Deliverable as Addressed/Unable to Forward. (blr)
January 25, 2021 Filing 36 Magistrate Judge Jurisdiction Form filed by Delta Faucet Co. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Moustakas, George)
January 14, 2021 Opinion or Order Filing 35 ORDER signed by Chief Judge Pamela Pepper on 1/14/2021. Rule 26 Discovery Plan due by 2/16/2021. (cc: all counsel)(cb)
January 13, 2021 Filing 34 NOTICE of Appearance by Michael T Piery on behalf of Kohler Co. Attorney(s) appearing: Michael T. Piery (Piery, Michael)
January 13, 2021 Filing 33 ANSWER to Complaint AND COUNTERCLAIM against Delta Faucet Company with Jury Demand filed by Kohler Co . (Snyder, Martha)
January 13, 2021 Filing 32 NOTICE of Appearance by George D Moustakas on behalf of Delta Faucet Co. Attorney(s) appearing: George D. Moustakas (Moustakas, George)
January 4, 2021 Filing 31 NOTICE of Appearance by Michael T Griggs on behalf of Delta Faucet Co. Attorney(s) appearing: Michael T. Griggs (Griggs, Michael)
January 4, 2021 Filing 30 LETTER to Michael A Swift regarding Admission and ECF registration. (jcl)
January 4, 2021 Filing 29 LETTER to George D Moustakas, Jewell Nile Briggs, Michael P Doerr and Stephanie Lynn Dowdy regarding Admission and ECF registration (jcl)
January 4, 2021 Filing 28 Case transferred in from District of Indiana Southern; Case Number 1:20-cv-02800. Original file certified copy of transfer order and docket sheet received.
January 4, 2021 NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl)
December 31, 2020 Filing 27 Transfer Letter to Clerk of the Eastern District of Wisconsin. Case transferred electronically to Eastern District of Wisconsin, on 12/30/20. (NAD) [Transferred from insd on 1/4/2021.]
December 30, 2020 Opinion or Order Filing 26 ORDER ON #23 STIPULATION TO TRANSFER TO THE EASTERN DISTRICT OF WISCONSIN - Come now the Parties, by their respective counsel, to resolve the parties' dispute regarding venue, have stipulated to transfer this action to the U.S. District Court for the Eastern District of Wisconsin. IT IS NOW THEREFORE ORDERED that: This action is HEREBY transferred to the U.S. District Court for the Eastern District of Wisconsin. Signed by Judge Tanya Walton Pratt on 12/30/2020.(NAD) [Transferred from insd on 1/4/2021.]
December 30, 2020 Opinion or Order Filing 25 ORDER granting #22 Motion to Appear pro hac vice. Attorney Martha Jahn Snyder for KOHLER CO. added. Signed by Magistrate Judge Mark J. Dinsmore on 12/30/2020 Copy sent to Attorney Snyder via US Mail (CBU) [Transferred from insd on 1/4/2021.]
December 30, 2020 Opinion or Order Filing 24 ORDER granting #21 Motion to Appear pro hac vice. Attorney Kristin Graham Noel for KOHLER CO. added. Signed by Magistrate Judge Mark J. Dinsmore on 12/30/2020 Copy sent to Attorney Noel via US Mail (CBU) [Transferred from insd on 1/4/2021.]
December 29, 2020 Filing 23 STIPULATION to Transfer to the Eastern District of Wisconsin, filed by Defendant KOHLER CO.. (Attachments: #1 Text of Proposed Order)(Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 22 MOTION for Attorney(s) Martha Jahn Snyder to Appear pro hac vice (Filing fee $100, receipt number 0756-6312828), filed by Defendant KOHLER CO.. (Attachments: #1 Exhibit A - Certification of Martha Jahn Snyder, #2 Text of Proposed Order)(Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 21 MOTION for Attorney(s) Kristin Graham Noel to Appear pro hac vice (Filing fee $100, receipt number 0756-6312826), filed by Defendant KOHLER CO.. (Attachments: #1 Exhibit A - Certification of Kristin Graham Noel, #2 Text of Proposed Order)(Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 20 Corporate Disclosure Statement by KOHLER CO.. (Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 19 AFFIDAVIT in Support of Motion re #17 MOTION to Dismiss or Transfer for Improper Venue (Declaration of Felma Degefa), filed by Defendant KOHLER CO.. (Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 18 BRIEF/MEMORANDUM in Support re #17 MOTION to Dismiss or Transfer for Improper Venue , filed by Defendant KOHLER CO.. (Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 17 MOTION to Dismiss or Transfer for Improper Venue, filed by Defendant KOHLER CO.. (Fleming, Joshua) [Transferred from insd on 1/4/2021.]
December 8, 2020 Filing 16 NOTICE of Appearance by Joshua B. Fleming on behalf of Defendant KOHLER CO.. (Fleming, Joshua) [Transferred from insd on 1/4/2021.]
November 25, 2020 Filing 15 AFFIDAVIT of Service for Summons and Complaint and Corrected Complaint; Notice of Related Cases; Order Reassigning Related Case and Notice of Reassignment served on Kohler Co. on 11/17/2020, filed by DELTA FAUCET COMPANY. (Moustakas, George) [Transferred from insd on 1/4/2021.]
November 20, 2020 Opinion or Order Filing 14 ORDER granting #13 Motion to Appear pro hac vice. Attorney Michael Patrick Kella for DELTA FAUCET COMPANY added. Copy to Kella via U.S. Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/20/2020. (MAC) [Transferred from insd on 1/4/2021.]
November 16, 2020 Filing 13 MOTION for Attorney(s) Michael Patrick Kella to Appear pro hac vice (Filing fee $100, receipt number 0756-6277327), filed by Plaintiff DELTA FAUCET COMPANY. (Attachments: #1 Exhibit A-Certification of Kella, #2 Text of Proposed Order)(Swift, Michael) [Transferred from insd on 1/4/2021.]
November 6, 2020 Opinion or Order Filing 12 ORDER granting #11 Motion to Appear pro hac vice. Attorney George D. Moustakas, Michael P. Doerr, Jewell N. Briggs, Stephanie Lynn Dowdy and David P. Utykanski for DELTA FAUCET COMPANY added. If not already registered with the Court's Electronic Filing System, George D. Moustakas, Michael P. Doerr, Jewell N. Briggs, Stephanie Lynn Dowdy, and David P. Utykanski are ordered to register within ten days of the entry of this order. Copies via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/6/2020. (SWM) [Transferred from insd on 1/4/2021.]
November 5, 2020 Filing 11 MOTION for Attorney(s) George D. Moustakas, Michael P. Doerr, Jewell N. Briggs, Stephanie Lynn Dowdy and David P. Utykanski to Appear pro hac vice (Filing fee $500, receipt number 0756-6262810), filed by Plaintiff DELTA FAUCET COMPANY. (Attachments: #1 Exhibit A-Certification Briggs, #2 Exhibit A-Certificate of Doerr, #3 Exhibit A-Certification of Dowdy, #4 Exhibit A- Certification of Moustakas, #5 Exhibit A- Certification of Utykanski, #6 Text of Proposed Order)(Swift, Michael) [Transferred from insd on 1/4/2021.]
November 4, 2020 Filing 10 NOTICE of Reassignment of Case to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore. Judge Sarah Evans Barker and Magistrate Judge Matthew P. Brookman are no longer assigned to this case. Please include the new case number, 1:20-cv-2800-TWP-MJD, on all future filings in this matter. (DJH) [Transferred from insd on 1/4/2021.]
November 4, 2020 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore for all further proceedings. This case is related to 1:20-cv-02796-TWP-MJD. Judge Sarah Evans Barker and Magistrate Judge Matthew P. Brookman no longer assigned to case. Signed by Judge Sarah Evans Barker on 11/4/2020. (LDH) [Transferred from insd on 1/4/2021.]
November 3, 2020 Filing 8 NOTICE of Initial Filing in Lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Exhibit Complaint, #2 Exhibits (CKM) [Transferred from insd on 1/4/2021.]
October 30, 2020 Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from insd on 1/4/2021.]
October 30, 2020 Filing 6 Summons Issued as to KOHLER CO. (REO) [Transferred from insd on 1/4/2021.]
October 30, 2020 Filing 5 Submission of Corrected Complaint, filed by Plaintiff DELTA FAUCET COMPANY, an Indiana Corporation. (Swift, Michael) [Transferred from insd on 1/4/2021.]
October 29, 2020 Filing 4 NOTICE of Related Cases, filed by Plaintiff DELTA FAUCET COMPANY, an Indiana Corporation (Swift, Michael) [Transferred from insd on 1/4/2021.]
October 29, 2020 Filing 3 Corporate Disclosure Statement by DELTA FAUCET COMPANY, an Indiana Corporation. (Swift, Michael) [Transferred from insd on 1/4/2021.]
October 29, 2020 Filing 2 NOTICE of Appearance by Michael A. Swift on behalf of Plaintiff DELTA FAUCET COMPANY, an Indiana Corporation. (Swift, Michael) [Transferred from insd on 1/4/2021.]
October 29, 2020 Filing 1 COMPLAINT against KOHLER CO., filed by DELTA FAUCET COMPANY, an Indiana Corporation. (Filing fee $400, receipt number 0756-6250559) (Attachments: #1 Exhibit A-Kohler store, #2 Exhibit B-'079 patent, #3 Exhibit C-Assignment of Masco, #4 Exhibit C-2 McGuire Assignment, #5 Exhibit C-3 Nelson Assignment, #6 Exhibit D-'702 patent, #7 Exhibit E-Nelson assignment of 16694487, #8 Exhibit F-'217 patent, #9 Exhibit G-Nelson assignment of 16694479, #10 Exhibit H-'079 claim chart, #11 Exhibit I- '702 claim chart, #12 Exhibit J-'217 claim chart, #13 Civil Cover Sheet, #14 Proposed Summons)(Swift, Michael) [Transferred from insd on 1/4/2021.]

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Plaintiff: Delta Faucet Co
Represented By: Michael Patrick Kella
Represented By: Stephanie Lynn Dowdy
Represented By: Michael A Swift
Represented By: David P Utykanski
Represented By: George D Moustakas
Represented By: Michael P Doerr
Represented By: Michael T Griggs
Represented By: Jewell Nile Briggs
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Defendant: Kohler Co
Represented By: Joshua B Fleming
Represented By: Martha J Snyder
Represented By: Kristin Graham Noel
Represented By: Michael T Piery
Represented By: Matthew J Duchemin
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