Buyers Products Company v. CURT Manufacturing, LLC
Plaintiff: Buyers Products Company
Defendant: CURT Manufacturing, LLC
Case Number: 3:2016cv00220
Filed: April 7, 2016
Court: US District Court for the Western District of Wisconsin
Office: Madison Office
County: Eau Claire
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
2 Judge: James D Peterson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 22, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2017 Pursuant to Fed. R. Civ. P. 41(a)(1), this case is closed without further order of the court. (kwf)
August 21, 2017 Filing 56 Notice of Voluntary Dismissal by Plaintiff Buyers Products Company. (Shunk, Thomas)
June 6, 2017 Filing 55 Joint Summary Judgment Claims Chart by Plaintiff Buyers Products Company re: #33 Motion for Summary Judgment, #27 Motion for Summary Judgment. (Shunk, Thomas)
June 1, 2017 Filing 54 Reply to Counterclaim by Counter Defendant Buyers Products Company, Plaintiff Buyers Products Company. (Shunk, Thomas)
May 30, 2017 Filing 53 Reply in Support of Proposed Findings of Fact filed by Defendant CURT Manufacturing, LLC re: #33 Motion for Summary Judgment. (Malaney, Kevin)
May 30, 2017 Filing 52 Brief in Reply by Defendant CURT Manufacturing, LLC in Support of #33 Motion for Summary Judgment. (Malaney, Kevin)
May 30, 2017 Filing 51 Second Supplemental Expert Report of Clark Radcliffe, Ph.D. (5-30-2017) by Plaintiff Buyers Products Company. (Shunk, Thomas)
May 30, 2017 Filing 50 Reply in Support of Proposed Findings of Fact filed by Plaintiff Buyers Products Company re: #27 Motion for Summary Judgment. (Shunk, Thomas)
May 30, 2017 Filing 49 Brief in Reply by Plaintiff Buyers Products Company in Support of #27 Motion for Summary Judgment Of Infringement Of Claim 9 And For Claim Construction, (Attachments: #1 Exhibit G - O'Keefe CV) (Shunk, Thomas) Modified on 5/31/2017. (lak)
May 19, 2017 Filing 48 Expert Report of Philip J. O'Keefe by Defendant CURT Manufacturing, LLC. (Malaney, Kevin) Modified on 5/22/2017: Appendix A is attached. (lak)
May 19, 2017 Filing 47 Declaration of Philip J. O'Keefe filed by Defendant CURT Manufacturing, LLC in Support of CURT Manufacturing, LLC's Brief in Opposition re: #27 Motion for Summary Judgment. (Malaney, Kevin)
May 19, 2017 Filing 46 Response to Proposed Findings of Fact filed by Defendant CURT Manufacturing, LLC re: #27 Motion for Summary Judgment. (Malaney, Kevin)
May 19, 2017 Filing 45 Brief in Opposition by Defendant CURT Manufacturing, LLC re: #27 Motion for Summary Judgment, filed by Buyers Products Company. (Malaney, Kevin)
May 19, 2017 Filing 44 Brief in Opposition by Counter Defendant Buyers Products Company, Plaintiff Buyers Products Company re: #33 Motion for Summary Judgment filed by CURT Manufacturing, LLC. (Clarkowski, Andrew)
May 19, 2017 Filing 43 Response to Proposed Findings of Fact, and Additional Proposed Findings of Fact, filed by Counter Defendant Buyers Products Company, Plaintiff Buyers Products Company re: #33 Motion for Summary Judgment. (Clarkowski, Andrew) Modified on 5/19/2017. (lak)
May 11, 2017 Filing 42 ANSWER with Jury Demand, COUNTERCLAIM against Buyers Products Company by CURT Manufacturing, LLC. (Shewchuk, Jeffrey) Modified on 5/11/2017. (lak)
May 1, 2017 Filing 41 Expert Report of Clark Radcliffe (3/31/2017) by Plaintiff Buyers Products Company, (Attachments: #1 Exhibit 1 - Documents Considered, #2 Exhibit 2 - Radcliffe CV) (Shunk, Thomas)
May 1, 2017 Filing 40 Supplemental Expert Report of Clark Radcliffe Ph.D. (4/18/2017) by Plaintiff Buyers Products Company, (Attachments: #1 Exhibit 1 - Buyers Definitions, #2 Exhibit 2 - CURT Definitions, #3 Exhibit 3 - Documents Considered) (Shunk, Thomas)
May 1, 2017 Filing 39 Expert Report of Clark Radcliffe Ph.D. (2/17/2017) by Plaintiff Buyers Products Company, (Attachments: #1 Exhibit 1 - Model 48004 Mechanical Drawing, #2 Exhibit 2 - Model 48006 Mechanical Drawing, #3 Exhibit 3 - Documents Considered, #4 Exhibit 4 - Radcliffe CV) (Shunk, Thomas)
April 28, 2017 Filing 38 Proposed Findings of Fact filed by Defendant CURT Manufacturing, LLC re: #33 Motion for Summary Judgment of Non-Infringement and Anticipation and to Construe Certain Claim Terms. (Malaney, Kevin)
April 28, 2017 Filing 37 Declaration of Joel Diller filed by Defendant CURT Manufacturing, LLC re: #33 Motion for Summary Judgment, (Attachments: #1 Exhibit 1 - Part 1 of 3 - Drawings of Accused Products, #2 Exhibit 1 - Part 2 of 3 - Drawings of Accused Products, #3 Exhibit 1 - Part 3 of 3 - Drawings of Accused Products) (Malaney, Kevin) Modified on 4/30/2017. (lak)
April 28, 2017 Filing 36 Declaration/Expert Report of Philip J. O'Keefe filed by Defendant CURT Manufacturing, LLC re: #33 Motion for Summary Judgment, (Attachments: #1 Exhibit 1 - Curriculum Vitae) (Malaney, Kevin) Modified on 4/30/2017. (lak)
April 28, 2017 Filing 35 Declaration of Jeffrey D. Shewchuk filed by Defendant CURT Manufacturing, LLC re: #33 Motion for Summary Judgment, (Attachments: #1 Exhibit 1 - Plaintiff Buyers' Infringement Contentions, #2 Exhibit 2 - Definition of Neck, #3 Exhibit 3 - US Patent 7,378,013, #4 Exhibit 4 - US Patent 5,788,333, #5 Exhibit 5 - US Patent 5,873,594, #6 Exhibit 6 - US Patent 6,010,142, #7 Exhibit 7 - US Patent 3,963,266, #8 Exhibit 8 - Great Britain Patent 1,089,207, #9 Exhibit 9 - Swiss Patent 439,995, #10 Exhibit 10 - French Patent 1,479,515, #11 Exhibit 11 - Austrian Patent 266,608) (Malaney, Kevin) Modified on 4/30/2017: Duplicate text deleted. E-mail to counsel. (lak) .
April 28, 2017 Filing 34 Brief in Support of #33 Motion for Summary Judgment of Non-infringement and Anticipation and to Construe Certain Claim Terms by Defendant CURT Manufacturing, LLC. (Malaney, Kevin)
April 28, 2017 Filing 33 MOTION FOR SUMMARY JUDGMENT of Non-Infringement and Anticipation and to Construe Certain Claim Terms by Defendant CURT Manufacturing, LLC. Brief in Opposition due 5/19/2017. Brief in Reply due 5/30/2017. (Malaney, Kevin)
April 28, 2017 Filing 32 Redaction to #31 Deposition of Scott Morrison taken on February 21, 2017, (Attachments: #1 Exhibit 1 - Deposition Notice, #2 Exhibit 2 - 2011 CURT Catalog, #3 Exhibit 3 - U.S. Patent 6,139,043, #4 Exhibit 4 - 5/18/12 Email, #5 Exhibit 5 - 6/4/14 Email, #6 Exhibit 6 - Vendor Spreadsheet, #7 Exhibit 7 - CURT Catalog Pages, #8 Exhibit 8 - 2013 CURT Catalog, #9 Exhibit 9 - 2014 CURT Catalog, #10 Exhibit 10 - 2015 CURT Catalog, #11 Exhibit 11 - 2016 CURT Catalog, #12 Exhibit 12 - CURT Catalog "Specialized Towing", #13 Exhibit 13 - CURT Web Pages, #14 Exhibit 14 - Combined Mechanical Drawings, #15 Exhibit 15 - Photo with Handwriting, #16 Exhibit 16 - Photo of Product, #17 Exhibit 17 - Photo of Product, #18 Exhibit 18 - Etrailer.com Page, #19 Exhibit 19 - Etrailer.com Page, #20 Exhibit 20 - Mechanical Drawing, #21 Exhibit 21 - Mechanical Drawing, #22 Exhibit 22 - Mechanical Drawing, #23 Exhibit 23 - Mechanical Drawing, #24 Exhibit 24 - Mechanical Drawing, #25 Exhibit 25 - Mechanical Drawing, #26 Exhibit 26 - Mechanical Drawing, #27 Exhibit 27 - Mechanical Drawing, #28 Exhibit 28 - Mechanical Drawing, #29 Exhibit 29 - 11/16/12 Email, #30 Exhibit 30 - 12/17/12 Email, #31 Exhibit 31 - 4/7/14 Email, #32 Exhibit 32 - 4/8/14 Email, #33 Exhibit 33 - CURT Privilege Log, #34 Exhibit 34 - Price List, #35 Exhibit 35 - Product List, #36 Exhibit 36 - Net Income Summary, #37 Exhibit 37 - CURT Objections to Deposition Notice, #38 Exhibit 38 - CURT Responses to Buyers First Interrogatories, #39 Exhibit 39 - Ballou Test Report, #40 Exhibit - Court Report Certificate) (Shunk, Thomas) Modified on 4/30/2017: Docketing event, etc. (lak)
April 28, 2017 Filing 31 Deposition of Scott Morrison taken on February 21, 2017, (Sealed Document) (Attachments: #1 Exhibit 1 - Deposition Notice, #2 Exhibit 2 - 2011 CURT Catalog, #3 Exhibit 3 - US Patent 6,139,043, #4 Exhibit 4 - 5/18/12 Email, #5 Exhibit 5 - 6/4/14 Email, #6 Exhibit 6 - Vendor Spreadsheet, #7 Exhibit 7 - Pages from CURT Catalog, #8 Exhibit 8 - 2013 CURT Catalog, #9 Exhibit 9 - 2014 CURT Catalog, #10 Exhibit 10 - 2015 CURT Catalog, #11 Exhibit 11 - 2016 CURT Catalog, #12 Exhibit 12 - CURT Catalog "Specialized Towing", #13 Exhibit 13 - CURT Web Pages, #14 Exhibit 14 - Combined Mechanical Drawings, #15 Exhibit 15 - Photo with Handwriting, #16 Exhibit 16 - Photo of Device, #17 Exhibit 17 - Photo of Device, #18 Exhibit 18 - Etrailer.com Document, #19 Exhibit 19 - Etrialer.com Document, #20 Exhibit 20 - Mechanical Drawing, #21 Exhibit 21 - Mechanical Drawing, #22 Exhibit 22 - Mechanical Drawing, #23 Exhibit 23 - Mechanical Drawing, #24 Exhibit 24 - Mechanical Drawing, #25 Exhibit 25 - Mechanical Drawing, #26 Exhibit 26 - Mechanical Drawing, #27 Exhibit 27 - Mechanical Drawing, #28 Exhibit 28 - Mechanical Drawing, #29 Exhibit 29 - 11/16/12 Email, #30 Exhibit 30 - 12/17/12 Email, #31 Exhibit 31 - 4/7/14 Email, #32 Exhibit 32 - 4/8/14 Email, #33 Exhibit 33 - CURT Privilege Log, #34 Exhibit 34 - Price List, #35 Exhibit 35 - Product List, #36 Exhibit 36 - Net Income Summary, #37 Exhibit 37 - CURT Objections to Deposition Notice, #38 Exhibit 38 - CURT Response to Buyers' First Interrogatories, #39 Exhibit 39 - Ballou Test Report, #40 Exhibit - Court Reporter's Certificate) (Shunk, Thomas) Modified on 4/30/2017: Typo, etc. (lak)
April 28, 2017 Filing 30 Declaration of Thomas H. Shunk filed by Plaintiff Buyers Products Company re: #27 Motion for Summary Judgment, (Attachments: #1 Exhibit A - Radcliffe 2/17 Report (Also see #39 .), #2 Exhibit B - Radcliffe 4/18 Report (Also see #40 .), #3 Exhibit C - Radcliffe 3/31 Report (Also see #41 .), #4 Exhibit D - Buyers Infringement Contentions, #5 Exhibit E - CURT's Invalidity Contentions, #6 Exhibit F - US Patent 5,873,594 to McCoy) (Shunk, Thomas) Modified on 4/30/2017: E-mail sent to counsel regarding the court's requirements for expert reports. (lak)
April 28, 2017 Filing 29 Proposed Findings of Fact filed by Plaintiff Buyers Products Company re: #27 Motion for Summary Judgment Of Infringement Of Claim 9 And For Claim Construction. (Shunk, Thomas) Modified on 4/30/2017. (lak)
April 28, 2017 Filing 28 Brief in Support of #27 Motion for Summary Judgment Of Infringement Of Claim 9 And For Claim Construction by Plaintiff Buyers Products Company. (Shunk, Thomas) Modified on 4/30/2017. (lak)
April 28, 2017 Filing 27 MOTION FOR SUMMARY JUDGMENT Of Infringement Of Claim 9 And For Claim Construction by Plaintiff Buyers Products Company. Brief in Opposition due 5/19/2017. Brief in Reply due 5/30/2017. (Shunk, Thomas) Modified on 4/30/2017. (lak)
April 26, 2017 Opinion or Order Filing 26 OPINION AND ORDER denying #8 Motion to Dismiss. Signed by District Judge William M. Conley on 4/26/2017. (kwf)
April 7, 2017 Filing 25 Joint Table of Terms Requiring Construction by Plaintiff Buyers Products Company, Defendant CURT Manufacturing, LLC. (Shunk, Thomas) Modified on 4/7/2017. (arw)
October 3, 2016 Opinion or Order Filing 24 ORDER Reassigning Case. Case reassigned to District Judge William M. Conley for all further proceedings. District Judge James D. Peterson no longer assigned to case. Signed by District Judge William M. Conley on 10/3/2016. (lak)
August 11, 2016 Opinion or Order Filing 23 ** TEXT ONLY ORDER ** The parties' proposed stipulated protective order (dkt. #21 ) is accepted and entered as the court's own order. Similarly, the parties' proposed stipulated order regarding ESI (dkt. #22 ) is accepted and entered as the court's own order. Signed by Magistrate Judge Stephen L. Crocker on 8/11/2016. (kwf)
August 10, 2016 Filing 22 Stipulation for Entry of Order Regarding Electronically Stored Information by Plaintiff Buyers Products Company. (Shunk, Thomas) Modified on 8/10/2016. (lak)
August 10, 2016 Filing 21 Motion for Protective Order by Plaintiff Buyers Products Company. (Shunk, Thomas) Modified on 8/10/2016: Corrected docketing event. (lak)
August 5, 2016 Filing 20 Stipulation Regarding Standing To Sue by Plaintiff Buyers Products Company. (Shunk, Thomas)
July 19, 2016 Opinion or Order Filing 19 Pretrial Conference Order - Proof of Standing to sue on claimed patents due 8/5/2016. Amendments to Pleadings due 8/26/2016. Settlement Letters due 9/1/2017. Motions in Limine due 9/22/2017. Response to Motion due 10/6/2017. Final Pretrial Conference set for 10/18/2017 at 04:00 PM. Jury Selection and Trial set for 10/30/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/15/2016. (voc)
July 15, 2016 Opinion or Order Filing 18 Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 7/15/2016. (kwf)
July 14, 2016 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 7/14/2016 [:10] (skv)
July 11, 2016 Filing 17 Joint Preliminary Pretrial Conference Report by Plaintiff Buyers Products Company. (Shunk, Thomas)
July 7, 2016 Filing 16 Brief in Reply by Defendant CURT Manufacturing, LLC in Support of #8 Motion to Dismiss. (Malaney, Kevin)
June 27, 2016 Filing 15 Brief in Opposition by Plaintiff Buyers Products Company re: #8 Motion to Dismiss filed by CURT Manufacturing, LLC. (Shunk, Thomas)
June 14, 2016 Opinion or Order Filing 14 ** TEXT ONLY ORDER **ORDER granting #13 Motion to Admit Thomas Harry Shunk Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 6/14/2016. (lak)
June 14, 2016 Filing 13 Motion to Admit Thomas Harry Shunk Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1826967.) by Plaintiff Buyers Products Company. Motions referred to Magistrate Judge Stephen L. Crocker. (Shunk, Thomas)
June 7, 2016 Opinion or Order Filing 12 ** TEXT ONLY ORDER **ORDER granting #7 Motion to Admit Jeffrey David Shewchuk Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 6/7/2016. (lak)
June 7, 2016 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 7/14/2016 at 2:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (kwf)
June 6, 2016 Filing 11 Corporate Disclosure Statement by Defendant CURT Manufacturing, LLC. (Malaney, Kevin)
June 6, 2016 Filing 10 Declaration of Kevin J. Malaney filed by Defendant CURT Manufacturing, LLC re: #8 Motion to Dismiss, (Attachments: #1 Exhibit 1 - File History US 6,319,043, #2 Exhibit 2 - File History US 09/702297, #3 Exhibit 3 - File History US 10/295326, #4 Exhibit 4 - File History US 10/298368, #5 Exhibit 5 - US Patent 2,431,694, #6 Exhibit 6 - US Patent 1,379,133, #7 Exhibit 7 - Russian Patent 1491743, #8 Exhibit 8 - Holland Prior Art, #9 Exhibit 9 - US Patent 6,092,827, #10 Exhibit 10 - US Patent 1,408,501, #11 Exhibit 11 - US Patent 5,332,250, #12 Exhibit 12 - NDOH Claim Construction Order, #13 Exhibit 13 - Dimensioned Drawings) (Malaney, Kevin) Modified on 6/7/2016. (lak)
June 6, 2016 Filing 9 Brief in Support of #8 Motion to Dismiss by Defendant CURT Manufacturing, LLC. (Malaney, Kevin)
June 6, 2016 Filing 8 MOTION TO DISMISS by Defendant CURT Manufacturing, LLC. Brief in Opposition due 6/27/2016. Brief in Reply due 7/7/2016. (Malaney, Kevin)
June 6, 2016 Filing 7 Motion to Admit Jeffrey David Shewchuk Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1822124.) by Defendant CURT Manufacturing, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Shewchuk, Jeffrey)
June 2, 2016 Filing 6 Notice of Appearance filed by Kevin Malaney for Defendant CURT Manufacturing, LLC. (Malaney, Kevin)
May 9, 2016 Filing 5 Waiver of Service Returned Executed by Defendant CURT Manufacturing, LLC. CURT Manufacturing, LLC waiver sent on 4/7/2016, answer due 6/6/2016. (Modl, Michael)
April 11, 2016 Filing 4 Report on Filing of Patent or Trademark Action. Copy provided to the US Patent and Trademark Office electronically. (kwf)
April 8, 2016 Filing 3 Notice by Plaintiff Buyers Products Company. Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (Clarkowski, Andrew)
April 8, 2016 Action Requested: Counsel for plaintiff shall prepare and file a #Report on the Filing of an Action Regarding a Patent or Trademark at their earliest convenience. (kwf)
April 7, 2016 Filing 2 Corporate Disclosure Statement by Plaintiff Buyers Products Company. (Clarkowski, Andrew)
April 7, 2016 Filing 1 PATENT COMPLAINT against CURT Manufacturing, LLC. Service to be completed by Waiver of Service of Summons. ( Filing fee $ 400 receipt number 0758-1784476.) PATENTS AT ISSUE: Patent # 6,139,043, issued 10/31/2000, held by Buyers Products Company, Inc., filed by Buyers Products Company, (Attachments: #1 Exhibit A - Copy of Patent No. 6,139,043, #2 JS-44 Civil Cover Sheet, #3 Notice of Lawsuit and Request to Waive Service) (Clarkowski, Andrew)
April 7, 2016 Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf)
April 7, 2016 Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf)

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Plaintiff: Buyers Products Company
Represented By: Michael J. Modl
Represented By: Christina Jo Moser
Represented By: Thomas Harry Shunk
Represented By: Andrew J. Clarkowski
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Defendant: CURT Manufacturing, LLC
Represented By: Kevin Malaney
Represented By: Jeffrey David Shewchuk
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