Case details

Court: ilnd
Docket #: 1:02-cv-02855
Case Name: Marley Mouldings v. Mikron Ind Inc
PACER case #: 121364
Date filed: 2002-04-19
Date terminated: 2006-01-26
Assigned to: Hon. John W. Darrah
Case Cause: 35:145 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Marley Mouldings Limited
Plaintiff
a Nevada corporation
Hugh Allen Abrams
Sidley Austin LLP (Chicago) One South Dearborn Street Chicago, IL 60603 (312) 853-7000 Email: habrams@sidley.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jon Michael Spanbauer
Ropes & Gray LLP 191 North Wacker Drive 32nd Floor Chicago, IL 60606-4302 (312) 845-1247 Fax: (312) 845-5500 Email: jon.spanbauer@ropesgray.com
ATTORNEY TO BE NOTICED

Marlee A. Jansen
225 South Sixth Street Minneapolis, MN 55402 (612)436-9656 Email: mjansen@ccvl.com
ATTORNEY TO BE NOTICED

Tara C Norgard
Carlson, Cspers, Vandenburgh & Lindquist 225 S. 6th Street Suite 3200 Minneapolis, MN 55402-4639 (612) 436-9600

Mikron Industries, Inc.
Defendant
a Washington corporation
Michael J Folise
Seed Intellectual Property Law Group 701 Fifth Avenue Suite 6300 Seattle, WA 98104 (206) 622-4900
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janice V. Mitrius
Banner & Witcoff, Ltd. 10 South Wacker Drive Suite 3000 Chicago, IL 60606 (312)463-5000 Email: jmitrius@bannerwitcoff.com
ATTORNEY TO BE NOTICED

Jason S Shull
Banner & Witcoff, Ltd. 10 South Wacker Drive Suite 3000 Chicago, IL 60606 (312)463-5000 Email: jshull@bannerwitcoff.com
ATTORNEY TO BE NOTICED

Jon O. Nelson
Banner & Witcoff, Ltd. 10 South Wacker Drive Suite 3000 Chicago, IL 60606 (312)463-5000 Fax: 312-463-5001 Email: jnelson@bannerwitcoff.com
ATTORNEY TO BE NOTICED

Joseph John Berghammer
Banner & Witcoff, Ltd. 10 South Wacker Drive Suite 3000 Chicago, IL 60606 (312)463-5000 Email: jberghammer@bannerwitcoff.com
ATTORNEY TO BE NOTICED

Wendell Wade Harris
LeClairRyan, A Professional Corporation 270 Linden Oaks Suite 310 Rochester, NY 14625 (585) 270-2107 Fax: (585) 270-2167 Email: wendell.harris@leclairryan.com
ATTORNEY TO BE NOTICED

Mikron Industries, Inc.
Counter Claimant
Janice V. Mitrius
(See above for address)
ATTORNEY TO BE NOTICED

Jason S Shull
(See above for address)
ATTORNEY TO BE NOTICED

Michael J Folise
(See above for address)
ATTORNEY TO BE NOTICED

Wendell Wade Harris
(See above for address)
ATTORNEY TO BE NOTICED

Marley Mouldings Limited
Counter Defendant
Hugh Allen Abrams
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tara C Norgard
(See above for address)

Jon Michael Spanbauer
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-04-19 1 0 COMPLAINT (Attachment(s); jury demand - Civil cover sheet - Appearance(s) of Hugh Allen Abrams as attorney(s) for plaintiff ( One original and one copy summons(es) issued.) ( Documents: through 1-3)) (gcy) (Entered: 04/22/2002)
2002-04-19 2 0 NOTICE OF CLAIMS INVLOVING PATENTS OR TRADEMARKS by plaintiff (gcy) (Entered: 04/22/2002)
2002-04-19 3 0 NOTIFICATION OF AFFILIATES--DISCLOSURE STATEMENT BY plaintiff (gcy) (Entered: 04/22/2002)
2002-04-23 4 0 RETURN OF SERVICE executed as to defendant Mikron Ind Inc on 4/22/02. (vmj) (Entered: 04/24/2002)
2002-05-13 5 0 ANSWER and affirmative defenses to complaint [1-1] and COUNTERCLAIM; jury demand by defendant against Marley Mouldings. (vmj) (Entered: 05/14/2002)
2002-05-13 6 0 NOTIFICATION of affiliates - statement under Local Rule 3.2 by plaintiff. (vmj) (Entered: 05/14/2002)
2002-05-13 7 0 ATTORNEY APPEARANCE for defendant/counter-claimant Mikron Industries, Inc. by Michael J. Folise, Jon O. Nelson, Joseph John Berghammer, Janice V. Mitrius. (vmj) (Entered: 05/24/2002)
2002-05-21 8 0 APPLICATION for leave to appear pro hac vice for Mikron Ind Inc. by Michael J. Folise; Order entered granting leave by Hon. John W. Darrah; Notice. (vmj) Modified on 05/24/2002 (Entered: 05/24/2002)
2002-05-31 9 0 REPLY by plaintiff to defendant's counterclaims. (vmj) (Entered: 06/03/2002)
2002-08-14 10 0 STATUS report and proposed discovery plan by plaintiff. (vmj) (Entered: 08/15/2002)
2002-08-19 11 0 RESPONSE by Mikron Ind Inc to Marley's 8/14/02 filing of plaintiff's status report and proposed discovery plan. (vmj) (Entered: 08/20/2002)
2002-08-21 12 0 MINUTE ORDER of 8/21/02 by Hon. John W. Darrah: Status hearing held and continued to 7/8/03 at 9:00 a.m. Markman hearing set for 6/10/03. Dispositive motions to be filed by 7/15/03. Pretrial conference set for 10/14/03 at 11:00 a.m. Jury trial set for 11/3/03 at 10:00 a.m. (Entered Agreed Case Scheduling Order) Mailed notice (vmj) (Entered: 08/27/2002)
2002-08-21 13 0 MINUTE ORDER of 8/21/02 by Hon. John W. Darrah: (Entered Stipulated Protective Order Against Unauthorized Use or Disclosure of Confidential Information) Mailed notice (vmj) (Entered: 08/27/2002)
2002-08-27 14 0 TRANSCRIPT of proceedings for the following date(s): 8/21/02 Before Honorable John W. Darrah. (vmj) (Entered: 08/28/2002)
2002-12-12 15 0 ADDITIONAL ATTORNEY APPEARANCE for defendant/counter-claimant by Jason S Shull. (vmj) (Entered: 12/13/2002)
2003-01-14 16 0 RESPONSE by plaintiff's to defendant's motion to compel deposition testimony, interrogatory responses and production of documents and exhibits attached thereto (RESTRICTED). (vmj) (Entered: 01/16/2003)
2003-01-08 17 0 MOTION by defendant to compel deposition testimony answers to interrogatories , and the production of documents ; Notice. (vmj) (Entered: 01/21/2003)
2003-01-08 18 0 MEMORANDUM by defendant in support of its motion to compel deposition testimony [17-1], answers to interrogatories [17-2], and the production of documents [17-3] (Attachments). (vmj) (Entered: 01/21/2003)
2003-01-16 19 0 MINUTE ORDER of 1/16/03 by Hon. John W. Darrah: Defendant's motion to compel deposition testimony [17-1], answers to interrogatories [17-2], and the production documents [17-3] is granted in part and denied in part as stated on the record. Witness to be produced pursuant to Rule 30(b)(6). Discovery is extended to 2/14/03. Mailed notice (vmj) (Entered: 01/21/2003)
2003-02-03 20 0 NOTICE by Michael J Folise of change of address., (vmj) (Entered: 02/05/2003)
2003-02-05 21 0 ADDITIONAL ATTORNEY APPEARANCE for Marley Mouldings by Jon Michael Spanbauer. (vmj) (Entered: 02/06/2003)
2003-02-07 22 0 TRANSCRIPT of proceedings for the following date(s): 1/16/03 Before Honorable John W. Darrah. (vmj) (Entered: 02/10/2003)
2003-02-06 23 0 MEMORANDUM by Mikron Ind Inc in support of its motion for summary judgment of no infringement (RESTRICTED) (vmj) (Entered: 02/18/2003)
2003-02-06 24 0 STATEMENT of undisputed facts by Mikron Ind Inc of in support of its motion for summary judgment of no infringement (RESTRICTED) (vmj) (Entered: 02/18/2003)
2003-02-11 25 0 MEMORANDUM by Mikron Ind Inc in support of its motion for summary judgment of no infringement (RESTRICTED) (vmj) (Entered: 02/18/2003)
2003-02-11 26 0 STATEMENT by defendant of undisputed facts in support of its motion for summary judgment of no infringement. (RESTRICTED) (vmj) (Entered: 02/18/2003)
2003-02-06 27 0 MOTION by Mikron Ind Inc for summary judgment of no infringement ; Notice. (vmj) (Entered: 02/18/2003)
2003-02-06 28 0 AMENDED MOTION by Mikron Ind Inc for summary judgment of no infringement ; Notice. (vmj) (Entered: 02/18/2003)
2003-02-07 29 0 MOTION by Mikron Ind Inc for summary judgment of non infringement ; Memorandum in support (Attachments); Notice. (vmj) (Entered: 02/18/2003)
2003-02-13 30 0 MINUTE ORDER of 2/13/03 by Hon. John W. Darrah: Plaintiff's response to defendant's motions for summary judgment of non infringement to be filed by 3/13/03. Defendant's reply to be filed by 3/27/03. Status hearing is set for 4/29/03 at 9:00 a.m. Mailed notice (vmj) (Entered: 02/18/2003)
2003-03-13 31 0 Document Sealed (pursuant to Court Order 8/21/02) (vmj) (Entered: 03/14/2003)
2003-03-19 32 0 ADDITIONAL ATTORNEY APPEARANCE for defendant counter-claimant Mikron Industries by Wendell Wade Harris. (vmj) (Entered: 03/20/2003)
2003-03-27 33 0 JOINT REPLY memornadum by Mikron Ind Inc in support of its motions for summary judgment of non infringement [29-1], [28-1], [27-1] (RESTRICTED) (vmj) (Entered: 03/28/2003)
2003-03-27 34 0 REPLY by Mikron Ind Inc to Marley's statements of additional facts and genuine issues in dispute regarding Mikron's motion for summary judgment of no infringement (RESTRICTED). (vmj) (Entered: 03/28/2003)
2003-04-04 35 0 SUR-REPLY by plaintiff to defendant's motion for summary judgment of noninfringement (The Pellet Weight Motion) (RESTRICTED) (vmj) (Entered: 04/08/2003)
2003-04-02 36 0 MOTION by plaintiff Marley Mouldings for leave to file surreply to defendant's motion for summary judgment of noninfringement (The Pellet Weight Motion) ; Notice. (vmj) (Entered: 04/08/2003)
2003-04-04 37 0 MINUTE ORDER of 4/4/03 by Hon. John W. Darrah: Plaintiff Marley's motion for leave to file surreply to defendant's motion for summary judgment of noninfringement (The Pellet Weight Motion) is granted [36-1]. Mailed notice (vmj) (Entered: 04/08/2003)
2003-04-09 38 0 JOINT MOTION to revise scheduling order (Attachment). (vmj) (Entered: 04/10/2003)
2003-04-16 39 0 MINUTE ORDER of 4/16/03 by Hon. John W. Darrah: Joint motion to revise scheduling order is granted [38-1]. Completion of depositions of technical experts by 4/28/03. Opening briefs on claim construction by 5/12/03. Response briefs on claim construction by 5/26/03. Mailed notice (vmj) (Entered: 04/17/2003)
2003-04-17 40 0 MOTION by Mikron Ind Inc for leave to file a sur-surreply to defendant's motion for summary judgment of non-infringement ; Notice (rmm) (Entered: 04/25/2003)
2003-04-24 41 0 MINUTE ORDER of 4/24/03 by Hon. John W. Darrah: Mikron Industries, Inc.'s motion for leave to file a sur-surreply to defendant's motion for summary judgment of non-infringement is denied [40-1]. Mailed notice (rmm) (Entered: 04/25/2003)
2003-04-29 42 0 MINUTE ORDER of 4/29/03 by Hon. John W. Darrah: Status hearing held. Defendant's motions for summary judgment [29-1], [28-1], [27-1] are denied. Entered Memorandum Opinion and Order. Mailed notice (vmj) (Entered: 04/30/2003)
2003-05-12 43 0 OPENING brief on claim construction by Mikron Ind Inc; Notice. (vmj) (Entered: 05/13/2003)
2003-05-12 44 0 COLLECTION of EXHIBITS by Mikron Ind Inc in support of its opening brief on claim construction [43-1] (RESTRICTED). (vmj) (Entered: 05/13/2003)
2003-05-12 45 0 OPENING brief on claim construction by plaintiff Marley Mouldings (RESTRICTED). (vmj) (Entered: 05/13/2003)
2003-05-12 46 0 SUPPLEMENTAL EXHIBITS by plaintiff Marley Mouldings regarding claim construction [45-1] (RESTRICTED) (vmj) (Entered: 05/13/2003)
2003-05-12 47 0 COLLECTION of EXHIBITS by plaintiff Marley Mouldings regarding claim construction [2 vols: 47-1, 47-2] (RESTRICTED) (vmj) (Entered: 05/13/2003)
2003-05-16 48 0 AGREED PROPOSAL by plaintiff Marley Mouldings, defendant Mikron Ind Inc for conduct of claim construction hearing (eav) (Entered: 05/19/2003)
2003-05-27 49 0 REPLY brief by plaintiff Marley Mouldings on claim construction (RESTRICTED). (vmj) (Entered: 05/28/2003)
2003-05-27 50 0 RESPONSE brief by Mikron Ind Inc on claim construction; Notice. (vmj) (Entered: 05/28/2003)
2003-06-03 51 0 OBJECTIONS by plaintiff Marley Mouldings to the testimony of Mikron's expert Michael P. Wolcott at the Markman hearing and request to limit that testimony (RESTRICTED) (vmj) (Entered: 06/05/2003)
2003-06-05 52 0 RESPONSE by Mikron Ind Inc to plaintiff's objection to the testimony of Mikron's expert Michael P. Wolcott at the Markman hearing and request to limit that testimony [51-1]; Notice. (vmj) (Entered: 06/06/2003)
2003-06-17 53 0 SUR-REPLY brief by plaintiff on claim construction (RESTRICTED) (vmj) (Entered: 06/18/2003)
2003-06-30 54 0 TRANSCRIPT of proceedings for the following date(s): 6/10/03 Before Honorable John W. Darrah. (vmj) (Entered: 06/30/2003)
2003-07-01 55 0 RESPONSE by defendant/counter-claimant Mikron to Marley's motion to reopen fact discovery (Attachment). (vmj) (Entered: 07/01/2003)
2003-06-26 56 0 Document Sealed (pursuant to Court Order of 8/21/02) (vmj) (Entered: 07/03/2003)
2003-07-02 57 0 MINUTE ORDER of 7/2/03 by Hon. John W. Darrah: Plaintiff's motion to reopen act discovery based on defendant's deliberate concealment of documents and inaccurate testimony and memorandum in support thereof is granted [56-1]. Mailed notice (vmj) (Entered: 07/03/2003)
2003-07-21 58 0 TRANSCRIPT of proceedings for the following date(s): Held on 7/2/03 before Honorable John W. Darrah. (cem) (Entered: 07/22/2003)
2003-09-04 59 0 MINUTE ORDER of 9/4/03 by Hon. John W. Darrah: Status hearing held and continued to 9/18/03 at 9:00 a.m. Entered Memorandum Opinion and Order on the claim construction of the patent in dispute. Mailed notice (vmj) (Entered: 09/05/2003)
2003-09-16 60 0 MOTION by Mikron to compel production of documents , deposition testimony , and for sanctions for dilatory tactics and spoliation of evidence ; Notice. (vmj) (Entered: 09/18/2003)
2003-09-16 61 0 MEMORANDUM by Mikron in support of its motion to compel production of documents [60-1], deposition testimony [60-2], and for sanctions for dilatory tactics and spoliation of evidence [60-3] (RESTRICTED) (vmj) (Entered: 09/18/2003)
2003-09-17 62 0 PROPOSED revised case schedule by defendant; Notice. (vmj) (Entered: 09/18/2003)
2003-09-18 63 0 MINUTE ORDER of 9/18/03 by Hon. John W. Darrah: Status hearing held and continued to 10/29/03 at 9:00 a.m. Trial set for 3/29/04 at 10:00 a.m. Plaintiff's response to defendant's motion to compel production of documents [60-1]; deposition testimony [60-2] and for sanctions for dilatory tactics and spoliation of evidence [60-3] to be filed by 9/15/03. Defendant's reply to be filed by 10/2/03. Mailed notice (vmj) (Entered: 09/22/2003)
2003-09-26 64 0 Document Sealed (pursuant to Court Order of 8/21/02) (vmj) (Entered: 09/26/2003)
2003-09-29 65 0 DECLARATION of Maria Lehmani; Notice. (RESTRICTED) (vmj) (Entered: 09/30/2003)
2003-10-02 66 0 REPLY memorandum by Mikron Ind Inc in support of its motion to compel production of documents [60-1], deposition testimony [60-2] and for sanctions for dilatory tactics and spoliation of evidence [60-3]; Notice. (RESTRICTED) (vmj) Modified on 10/03/2003 (Entered: 10/03/2003)
2003-10-03 67 0 NOTICE of filing regarding parties proposed scheduling order. (vmj) (Entered: 10/03/2003)
2003-10-03 68 0 MINUTE ORDER of 10/3/03 by Hon. John W. Darrah: (Entered Proposed Scheduling Order) Mailed notice (vmj) (Entered: 10/03/2003)
2003-10-29 69 0 MINUTE ORDER of 10/29/03 by Hon. John W. Darrah: Defendant's motion to compel production of documents [60-1] and deposition testimony [60-2] are granted. Defendant's motion for for dilatory tactics and spoliation of evidence is denied [60-3]. (See reverse of minute order) No notice (vmj) (Entered: 10/30/2003)
2003-11-25 70 0 JOINT MOTION to revise scheduling order ; Notice. (vmj) (Entered: 12/04/2003)
2003-12-03 71 0 MINUTE ORDER of 12/3/03 by Hon. John W. Darrah: Joint motion to revise scheduling order is granted [70-1]. Dispositive motions are due by 12/16/03 . Respones by 12/30/03, replies by 1/15/04. Status hearing set for 2/19/04 at 9:00 a.m. (Entered Revised Scheduling Order) Mailed notice (vmj) (Entered: 12/04/2003)
2003-12-16 72 0 MOTION by Mikron Ind Inc for partial summary judgment of noninfringement ; Notice. (vmj) (Entered: 12/17/2003)
2003-12-16 73 0 MEMORANDUM by Mikron Ind Inc in support of its motion for partial summary judgment of noninfringement [72-1] (RESTRICTED). (vmj) (Entered: 12/17/2003)
2003-12-16 74 0 STATEMENT of undisputed facts by Mikron Ind Inc in support of its motion for partial summary judgment of noninfringement [72-1] (RESTRICTED) (vmj) (Entered: 12/17/2003)
2003-12-16 75 0 MEMORANDUM by Mikron Ind Inc in support of its motion for summary judgment of invalidity (RESTRICTED) (vmj) (Entered: 12/17/2003)
2003-12-16 76 0 STATEMENT of undisputed facts by Mikron Ind Inc of in support of its motion for summary judgment of invalidity (RESTRICTED) (vmj) (Entered: 12/17/2003)
2003-12-16 77 0 EXHIBITS, Volumes 1 and 2, by Mikron Ind Inc in support of its motions for partial summary judgment of noninfringement [72-1] and summary judgment of invalidity (RESTRICTED) (vmj) (Entered: 12/17/2003)
2003-12-16 78 0 MOTION by Mikron Ind Inc for summary judgment of invalidity ; Notice. (vmj) (Entered: 12/17/2003)
2003-12-16 79 0 MOTION by plaintiff for summary judgment of literal infringement of U.S. Patent No. 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets ; memorandum in support (RESTRICTED) (vmj) (Entered: 12/18/2003)
2003-12-16 80 0 EXHIBITS by plaintiff (RESTRICTED). (vmj) (Entered: 12/18/2003)
2003-12-30 81 0 RESPONSE by plaintiff to defendant's motion for summary judgment of invalidity [78-1] with response to defendant's statement of undisputed facts and Marley's Local Rule 56.1(3)(B) statment of additional facts that require denial of Mikron's motion for summary judgment of invalidity (RESTRICTED) (las) (Entered: 12/31/2003)
2003-12-30 82 0 COLLECTION OF EXHIBITS by plaintiff in support of its response to defendant's motion for summary judgment of invalidity [81-1] (82-1 through 82-2) (RESTRICTED) (las) (Entered: 12/31/2003)
2003-12-30 83 0 RESPONSE by plaintiff to defendant's statement of undisputed facts in support of its motion for partial summary judgment of noninfringement and plaintiff's statement of additional facts [74-1] with memorandum in support of its response to defendant's motion for partial summary judgment of noninfringement and collection of exhibits in support of same (RESTRICTED) (las) (Entered: 12/31/2003)
2003-12-30 84 0 RESPONSE by defendant to plintiff's motion for summary judgment of literal infringement of U.S. Patent No. 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets [79-1] (RESTRICTED). (ntf) (Entered: 01/05/2004)
2003-12-30 85 0 LOCAL RULE 56.1(v)(3)(A) RESPONSES by defendant to plaintiff's statement of undisputed facts in support of its motion for summary judgment of literal infringement of U.S. Patent No. 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets [79-1]; Notice (RESTRICTED). (ntf) (Entered: 01/05/2004)
2004-01-12 86 0 MOTION by defendant Mikron Ind Inc in limine #1 to exclude reference to Mikron's current formulation as requiring a "percent" wood flour/polymer pellets by weight. (RESTRICTED) (vmj) (Entered: 01/13/2004)
2004-01-12 87 0 MOTION by defendant Mikron Ind Inc in limine #2: to preclude the introduction of evidence relating to Mikron's pending patent applications (Attachments). (vmj) (Entered: 01/13/2004)
2004-01-12 88 0 MOTION by defendant Mikron Ind Inc in limine #3: to exclude plaintiff's exhibits 44-48 from an unrelated litigation under Federal Rules of Evidence 402, 403 and 408 (Attachments). (vmj) (Entered: 01/13/2004)
2004-01-12 89 0 MOTION by defendant Mikron Ind Inc in limine #4: to exclude evidence Marley failed to disclose concerning a process Marley has allegedly used for approximately 18 months . (RESTRICTED) (vmj) (Entered: 01/13/2004)
2004-01-12 90 0 MOTION by defendant Mikron Ind Inc in limine #5: to preclude all evidence relating to the belatedly raised and legally barred position of infringement under the doctrine of equivalents. (vmj) (Entered: 01/13/2004)
2004-01-12 91 0 MOTION by plaintiff Marley Mouldings in limine to preclude defendant Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel at trial to rebut Marley's claim of willful infringement. (vmj) (Entered: 01/13/2004)
2004-01-12 92 0 MEMORANDUM by plaintiff Marley Mouldings in support of motion in limine to preclude defendant Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel at trial to rebut Marley's claim of willful infringement [91-1]. (vmj) (Entered: 01/13/2004)
2004-01-12 93 0 MOTION by plaintiff Marley Mouldings in limine to preclude defendant Mikron's expert, Michael Wolcott, from testifying about the three part function/way/result test of the doctrine of equivalents ; Memorandum in support. (vmj) (Entered: 01/13/2004)
2004-01-12 94 0 MOTION by plaintiff Marley Mouldings in limine seeking calculation of damages based on Mikron's pellet purchases and loadings, not Mikron's unsubstantiated sales estimates, and memorandum in support thereof (RESTRICTED) (vmj) (Entered: 01/13/2004)
2004-01-12 95 0 COLLECTION of EXHIBITS by plaintiff Marley Mouldings in support of its motion in limine to preclude defendant Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel trial to rebut Marley's claim of willful infringement [91-1], motion in limine to preclude defendant Mikron's expert, Michael Wolcott, from testifying about the three part function/way/result test of the doctrine of [93-1], motion in limine seeking calculation of damages based on Mikron's pellet purchases and loadings, not Mikron's unsubstantiated sales estimates, and memorandum in support thereof [94-1]. (vmj) (Entered: 01/13/2004)
2004-01-12 96 0 NOTICE of filing by defendant Mikron Ind Inc regarding motion in limine #5: to preclude all evidence relating to the belatedly raised and legally barred position of infringement under the doctrine of equivalents. [90-1], motion in limine #4: to exclude evidence Marley failed to disclose concerning a process Marley has allegedly used for approximately 18 months [89-1], motion in limine #3: to exclude plaintiff's exhibits 44-48 from an unrelated litigation under Federal Rules of Evidence 402, 403 and 408 [88-1], motion in limine #2: to preclude the introduction of evidence relating to Mikron's pending patent applications [87-1], motion in limine #1 to exclude reference to Mikron's current formulation as requiring a "percent" wood flour/polymer pellets by weight [86-1]. (vmj) (Entered: 01/13/2004)
2004-01-15 97 0 REPLY memorandum by defendant Mikron Ind Inc in support of its motion for summary judgment of invalidity [78-1] (RESTRICTED) (vmj) (Entered: 01/16/2004)
2004-01-15 98 0 REPLY memorandum by Mikron Ind Inc in support of its motion for partial summary judgment of noninfringement [72-1] [RESTRICTED). (vmj) (Entered: 01/16/2004)
2004-01-15 99 0 REPLY by Mikron Ind Inc to Marley's Local Rule 56.1(3)(B) statements of additional facts regarding Mikron's motion for summary judgment of invalidity (RESTRICTED) (vmj) (Entered: 01/16/2004)
2004-01-15 100 0 REPLY by Mikron Ind Inc to Marley's Local Rule 56.1(3)(B) statements of additional facts regarding Mikron's motion for partial summary judgment of noninfringement (RESTRICTED) (vmj) (Entered: 01/16/2004)
2004-01-15 101 0 COLLECTION of EXHIBITS, Volume 3, in support of its motions for partial summary judgment of noninfringement and summary judgment of invalidity by Mikron Ind Inc {RESTRICTED) (vmj) (Entered: 01/16/2004)
2004-01-15 102 0 Document Sealed (pursuant to Court Order of 8/21/02) (vmj) (Entered: 01/16/2004)
2004-01-15 103 0 NOTICE of filing by Mikron Ind Inc of document sealed [102-1], exhibits [101-1], reply [100-1], reply [99-1], reply [97-1]. (vmj) (Entered: 01/16/2004)
2004-01-26 104 0 RESPONSE by defendant Mikron Ind Inc to plaintiff Marley's motion in limine to preclude defendant Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel at trial to rebut Marley's claim of willful infringement. (vmj) (Entered: 01/27/2004)
2004-01-26 105 0 OPPOSITION by Mikron Ind Inc to Marley's motion in limine seeking calculation of damages based on Mikron's pellet purchases and loadings [94-1] (RESTRICTED) (vmj) (Entered: 01/27/2004)
2004-01-26 106 0 OPPOSITION by Mikron Ind Inc to plaintiff Marley's motion in limine to preclude defendant Mikron's expert, Michael Wolcott, from testifying about the three part function/way/result test of the doctrine of equivalents [93-1] (RESTRICTED) (vmj) (Entered: 01/27/2004)
2004-01-26 107 0 NOTICE of filing by defendant Mikron Ind Inc of oppositions [106-1], [105-1], response [104-1]. (vmj) (Entered: 01/27/2004)
2004-01-26 108 0 RESPONSE by plaintiff to Mikron's motion in limine #4: to exclude evidence Marley failed to disclose concerning a process Marley has allegedly used for approximately 18 months (RESTRICTED) (vmj) (Entered: 01/27/2004)
2004-01-26 109 0 RESPONSE by plaintiff to Mikron's motion in limine #2: to preclude the introduction of evidence relating to Mikron's pending patent applications [87-1] (RESTRICTED). (vmj) (Entered: 01/27/2004)
2004-01-26 110 0 RESPONSE by plaintiff Marley to Mikron's motion in limine #1 to exclude reference to Mikron's current formulation as requiring a "percent" wood flour/polymer pellets by weight [86-1] (RESTRICTED) (vmj) (Entered: 01/28/2004)
2004-01-26 111 0 RESPONSE by plaintiff Marley Mouldings to Mikron's motion in limine #3: to exclude plaintiff's exhibits 44-48 [88-1] (Attachments). (vmj) (Entered: 01/28/2004)
2004-01-26 112 0 RESPONSE by plaintiff Marley Mouldings to Mikron's motion in limine #5: to preclude all evidence relating to the belatedly raised and legally barred position of infringement under doctrine of equivalents [90-1] (RESTRICTED). (vmj) (Entered: 01/28/2004)
2004-01-26 113 0 CASES that do not appear in a federal reporter that are cited in Marley's response to Mikron's motion in limine #5 concerning evidence related to Marley's position of infringement under the doctrine of equivalents by plaintiff Marley Mouldings (Attachments). (vmj) (Entered: 01/28/2004)
2004-02-09 114 0 REPLY by plaintiff Marley Mouldings in support of its motion in limine to preclude defendant Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel trial to rebut Marley's claim of willful infringement [91-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 115 0 REPLY memorandum by plaintiff Marley Mouldings in support of its motion in limine to preclude defendant Mikron's expert, Michael Wolcott, from testifying about the three part function/way/result test of the doctrine of equivalents [93-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 116 0 REPLY by plaintiff Marley Mouldings in support of its motion in limine seeking calculation of damages based on Mikron's pellet purchases and loadings, not Mikron's unsubstantiated sales estimates [94-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 117 0 REPLY memorandum by defendant Mikron Ind Inc in support of its motion in limine #5: to preclude all evidence relating to the belatedly raised and legally barred position of infringement under the doctrine of equivalents [90-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 118 0 REPLY by defendant Mikron Ind Inc in support of its motion in limine #1 to exclude reference to Mikron's current formulation as requiring a "percent" wood flour/polymer pellets by weight [86-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 119 0 REPLY memorandum by defendant Mikron Ind Inc in support of its motion in limine #4: to exclude evidence Marley failed to disclose concerning a process Marley has allegedly used for approximately 18 months [89-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 120 0 REPLY memorandum by defendant Mikron Ind Inc in support of its motion in limine #3: to exclude plaintiff's exhibits 44-48 from an unrelated litigation under Federal Rules of Evidence 402, 403 and 408 [88-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 121 0 REPLY by defendant Mikron Ind Inc in support of its motion in limine #2: to preclude the introduction of evidence relating to Mikron's pending patent applications [87-1] (RESTRICTED) (vmj) (Entered: 02/10/2004)
2004-02-09 122 0 NOTICE of filing by defendant regarding reply [121-1], reply [120-1], reply [119-1], reply [118-1], reply [117-1]. (vmj) (Entered: 02/10/2004)
2004-02-11 123 0 JOINT MOTION to revise scheduling order ; Notice. (vmj) (Entered: 02/20/2004)
2004-02-13 124 0 MOTION by Mikron Ind Inc for leave to file a sur-reply to Marley's motion in limine seeking calculation of damages based on Mikron's pellet purchases and loadings ; Notice. (vmj) (Entered: 02/20/2004)
2004-02-13 125 0 MOTION by Mikron Ind Inc for leave to file a sur-reply to Marley's motion in limine to preclude Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel to rebut Marley's claim of willful infringementi; Notice. (vmj) (Entered: 02/20/2004)
2004-02-19 126 0 MINUTE ORDER of 2/19/04 by Hon. John W. Darrah: Status hearing held and continued to 3/18/04 at 9:00 a.m. Parties joint motion to revise scheduling order is withdrawn [123-1]. Mikron's motion for leave to file a sur-reply to Marley's motion in limine seeking calculation of damages based on Mikron's pellet purchases and loadings is granted [124-1]. Mikron's motion for leave to file sur-reply to Marley's motion in limine to preclude Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel to rebut Marley's claim of willful infringement is granted [125-1]. For the reasons stated in the attached memorandum opinion and order, Mikron's motion for summary judgment of invalidity is granted [78-1]. In light of the fining of invalidity, the parties' motions for summary judgment are denied as moot. Entered Memorandum Opinion and Order. Mailed notice (vmj) (Entered: 02/20/2004)
2004-03-08 127 0 RESPONSE by plaintiff Marley Mouldings to Mikron's motion to strike Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04. (vmj) (Entered: 03/08/2004)
2004-02-27 128 0 MOTION by plaintiff Marley for reconsideration of the court's summary judgment ruling of 2/19/04 ; Memorandum in support (Attachments); Notice. (vmj) (Entered: 03/09/2004)
2004-03-04 129 0 MOTION by Mikron Ind Inc to strike Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04 ; Memorandum in support (Attachment); Notice. (vmj) (Entered: 03/09/2004)
2004-03-09 130 0 MINUTE ORDER of 3/9/04 by Hon. John W. Darrah: Plaintiff Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04 [128-1] is entered and continued generally. Defendant's motion to strike Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04 [129-1] is entered and continued to 3/31/04 at 9:00 a.m. The court strikes the date of 3/30/04 stated in open court. Status hearing and pretrial conference of 3/18/04 is vacated. Jury trial set for 3/29/04 is also vacated. Mailed notice (vmj) (Entered: 03/10/2004)
2004-03-15 131 0 MINUTE ORDER of 3/15/04 by Hon. John W. Darrah: Defendant's motion to strike Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04 is denied [129-1]. Defendant's response to plaintiff's motion for reconsideration of the court's summary judgment ruling of 2/19/04 [128-1] is to be filed on or before April 7, 2004. Plaintiff's reply brief is to be filed on or before April 21, 2004. Status hearing scheduled for March 31, 2004 is stricken and reset to May 27, 2004, at 9:00 a.m. (See reverse of minute order.) Mailed notice (gma) (Entered: 03/16/2004)
2004-03-11 132 0 MOTION by plaintiff Marley Mouldings for leave to submit supplemental authority in support of plaintiff's motion for reconsideration of the court's summary judgment ruling of 2/19/04 (Attachment); Notice. (vmj) (Entered: 03/17/2004)
2004-03-16 133 0 MINUTE ORDER of 3/16/04 by Hon. John W. Darrah: Plaintiff Marley's motion for leave to submit supplemental authority in support of plaintiff's motion for reconsideration of the court's summary judgment ruling of 2/19/04 is granted [132-1]. Mailed notice (vmj) (Entered: 03/17/2004)
2004-03-18 134 0 TRANSCRIPT of proceedings for the following date(s): 3/9/04 Before Honorable John W. Darrah. (vmj) (Entered: 03/18/2004)
2004-04-07 135 0 RESPONSE by defendant Mikron Ind Inc to plaintiff Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04 [128-1]; Notice (RESTRICTED) (vmj) (Entered: 04/08/2004)
2004-04-21 136 0 REPLY in support by plaintiff Marley to motion for reconsideration of the court's summary judgment ruling of 2/19/04 [128-1]. (gcy) (Entered: 04/22/2004)
2004-04-29 137 0 MOTION by plaintiff Marley Mouldings for leave to submit further supplemental authority in support of plaintiff's motion for reconsideration of the court's summary judgment ruling of 2/19/04 (Attachment); Notice. (vmj) (Entered: 05/03/2004)
2004-04-30 138 0 MINUTE ORDER of 4/30/04 by Hon. John W. Darrah: Plaintiff's motion for leave to submit further supplemental authority in support of its' motion for reconsideration of the court's summary judgment ruling of 2/19/04 is granted [137-1]. Mailed notice (vmj) (Entered: 05/03/2004)
2004-05-25 139 0 MINUTE ORDER of 5/25/04 by Hon. John W. Darrah: Marley's motion for reconsideration of the court's summary judgment ruling of 2/19/04 is denied [128-1]. The status hearing scheduled for 5/27/04 is stricken. (See reverse of minute order) Mailed notice (vmj) (Entered: 05/26/2004)
2004-06-01 140 0 MINUTE ORDER of 6/1/04 by Hon. John W. Darrah: The parties' motions in limine #1 to exclude reference to Mikron's current formulation as requiring a "percent" wood flour/polymer pellets by weight[86-1], in limine #2: to preclude the introduction of evidence relating to Mikron's pending patent applications [87-1], in limine #3: to exclude plaintiff's exhibits 44-48 from an unrelated litigation under Federal Rules of 402, 403 and 408 [88-1], in limine #4: exclude evidence Marley failed to disclose concerning a process Marley has allegedly used for approximately 18 months [89-1], in limine #5: to preclude all evidence relating to the belatedly raised and legally barred position of infringement under the doctrine of equivalents [90-1], in limine to preclude defendant Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel trial to rebut Marley's claim of willful infringement [91-1], in limine to preclude defendant Mikron's expert, Michael Wolcott, from testifying about the three part function/way/result test of the doctrine of equivalents [93-1] and in limine seeking calculation of damages based on Mikron's pellet purchases and loadings, not Mikron's unsubstantiated sales estimates, and memorandum in support thereof [94-1] are denied as moot. Mailed notice (vmj) (Entered: 06/02/2004)
2004-06-02 141 0 MINUTE ORDER of 6/2/04 by Hon. John W. Darrah: The patent at issue in this case having been found invalid, judgment is entered in favor of the defendant. Case closed. terminating case Mailed notice (vmj) (Entered: 06/03/2004)
2004-06-16 142 0 BILL OF COSTS submitted in the amount of $26,674.61. (vmj) (Entered: 06/17/2004)
2004-06-18 143 0 MINUTE ORDER of 6/18/04 by Hon. John W. Darrah : Plaintiff's resposne to defendant's bill of costs [0-0], if any, to be filed on or before 07/02/04. Defendant's reply, if any, to be filed on or before 7/16/04. Mailed notice (lc) (Entered: 06/21/2004)
2004-06-21 144 0 NOTICE OF APPEAL to the Federal Circuit by plaintiff Marley Mouldings Scheduling order terminating case [141-1], motion minute order Scheduling order The status hearing scheduled for 5/27/04 stricken. [139-1], motion minute order [139-2], Scheduling order Entered Memorandum Opinion and Order. [126-2], motion minute order [126-3], Scheduling order Entered Memorandum Opinion and Order on the claim construction of the patent in dispute. [59-2] ( Fee Paid) (dj) Modified on 06/22/2004 (Entered: 06/22/2004)
2004-07-02 145 0 RESPONSE by plaintiff Marley Mouldings to Mikron's bill of costs [142-1]. (vmj) (Entered: 07/06/2004)
2004-07-14 146 0 REPLY by defendant Mikron Ind, Inc. in support of its bill of costs [142-1] (Attachments); Notice. (vmj) (Entered: 07/15/2004)
2004-09-01 147 0 MINUTE ORDER of 9/1/04 by Hon. John W. Darrah: For the reasons stated in the attached memorandum opinion and order, Mikron's amended bill of costs is granted in part and denied in part. Mikron is awarded a total of $19,487.08. Entered Memorandum Opinion and Order. Mailed notice (vmj) (Entered: 09/03/2004)
2005-08-12 148 0 MINUTE entry before Judge John W. Darrah: Status hearing scheduled for 9/20/2005 at 09:00 AM. Mailed notice (vmj, ) (Entered: 08/15/2005)
2005-08-12 149 0 OPINION from the USCA for the Federal Circuit; Decided 8/8/2005, No. 04-1441. (vmj, ) (Entered: 08/18/2005)
2005-09-12 150 0 MINUTE entry before Judge John W. Darrah: Status hearing set for 9/20/05 is reset to 9/22/2005 at 09:00 a.m. Mailed notice (vmj, ) (Entered: 09/13/2005)
2005-09-20 151 0 MINUTE entry before Judge John W. Darrah: Status hearing scheduled for 9/22/05 is stricken and reset for 10/4/2005 at 09:00 AM. Mailed notice (vmj, ) (Entered: 09/21/2005)
2005-10-04 152 0 MINUTE entry before Judge John W. Darrah : Status hearing held on 10/4/2005 and continued to 12/7/05 at 9:00 a.m. Parties will re-submit motions for summary judgment and briefs by 10/21/05. Pretrial conference set for 2/2/06 at 1:30 p.m. Jury trial set for 2/6/06 at 9:00 a.m. (eav, ) (Entered: 10/05/2005)
2005-10-17 153 0 MOTION by Defendant Mikron Industries, Inc. for leave to file a supplemental reply to its motion for summary judgment (Attachments: # 1 Certificate of Service)(Mitrius, Janice) (Entered: 10/17/2005)
2005-10-17 154 0 NOTICE of Motion by Janice V. Mitrius for presentment of motion for leave to file 153 before Honorable John W. Darrah on 10/25/2005 at 09:00 AM. (Attachments: # 1 Certificate of Service)(Mitrius, Janice) (Entered: 10/17/2005)
2005-10-21 155 0 MINUTE entry before Judge John W. Darrah : Defendant's motion for leave to file a supplemental reply 153 is granted. Supplemental reply is to be filed on or before October 28, 2005. Plaintiff's sur-reply is to be filed on or before November 4, 2005. Mailed notices (gcy, ) (Entered: 10/21/2005)
2005-10-21 157 0 MOTION by Plaintiff Marley Mouldings Limited for summary judgment of literal infringement of U.S. Patent 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets. (RESTRICTED)(tlm) (Entered: 10/25/2005)
2005-10-21 158 0 REPLY memorandum by Plaintiff Marley Mouldings Limited in support of its motion for summary judgment 157 of literal infringement of U.S. Patent 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets. (RESTRICTED)(tlm) (Entered: 10/25/2005)
2005-10-21 159 0 LOCAL RULE 56.1(b)(3)(A) RESPONSES of Mikron by Plaintiff Marley Mouldings Limited to plaintiff's statement of undisputed facts n support of its MOTION for summary judgment of literal infringement of U.S. Patent 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets. (RESTRICTED) (tlm) (Entered: 10/25/2005)
2005-10-21 160 0 COLLECTION OF EXHIBITS by Plaintiff Marley Mouldings Limited, Volume 2, in support of MOTION by Plaintiff Marley Mouldings Limited for summary judgment 157 of literal infringement of U.S. Patent 5,951,927 by Mikronwood Products with 20 parts wood flour/polymer pellets and 10 parts wood flour/polymer pellets. (RESTRICTED)(tlm) (Entered: 10/25/2005)
2005-10-21 161 0 NOTICE of filing by Marley Mouldings Limited exhibits, 160 , reply, 158 , Response, 159 and motion for summary judgment 157 . (tlm) (Entered: 10/25/2005)
2005-10-19 162 0 ENTERED in error to the incorrect docket. Modified on 10/26/2005 (tlm). (Entered: 10/25/2005)
2005-10-25 163 0 NOTICE of Correction regarding jury verdict was entered to incorrect docket in error. 162 (tlm) Additional attachment(s) added on 10/25/2005 (tlm, ). (Entered: 10/25/2005)
2005-10-28 164 0 SUPPLEMENTAL REPLY MEMORANDUM by defendant Mikron Industries, Inc. in support of its motion for partial summary judgment of noninfringement. (RESTRICTED). (cdy, ) (Entered: 10/31/2005)
2005-11-04 165 0 MOTION by Plaintiff Marley Mouldings Limited for extension of time to file its response to Mikron's supplemental reply in support of Mikron's motion for partial summary judgment of noninfringement 164 (Spanbauer, Jon) Modified on 11/7/2005 (air, ). (Entered: 11/04/2005)
2005-11-04 166 0 NOTICE of Motion by Jon Michael Spanbauer for presentment of motion for extension of time to file response/reply, motion for relief 165 before Honorable John W. Darrah on 11/10/2005 at 09:00 AM. (Spanbauer, Jon) (Entered: 11/04/2005)
2005-11-08 167 0 MINUTE entry before Judge John W. Darrah : Plaintiff's motion for a one day extension of time to file response to supplemental reply 165 is granted. Mailed notice (cdy, ) (Entered: 11/08/2005)
2005-11-07 168 0 RESPONSE by plaintiff Marley Mouldings Limited, to Mikron's supplement reply in support of Mikron's motion for partial summary judgment of nonfringement 157 ; Notice. (RESTRICTED). (cdy, ) (Entered: 11/08/2005)
2005-11-10 169 0 MOTION by Defendant Mikron Industries, Inc. for leave to file a Sur-Sur-Reply in Support of Its Motion for Parial Summary Judgment of Noninfringement (Harris, Wendell) (Entered: 11/10/2005)
2005-11-10 170 0 NOTICE of Motion by Wendell Wade Harris for presentment of motion for leave to file 169 before Honorable John W. Darrah on 11/16/2005 at 09:00 AM. (Harris, Wendell) (Entered: 11/10/2005)
2005-11-10 171 0 RESPONSE by Mikron Industries, Inc.in Support of MOTION by Defendant Mikron Industries, Inc. for leave to file a Sur-Sur-Reply in Support of Its Motion for Parial Summary Judgment of Noninfringement 169 (Harris, Wendell) (Entered: 11/10/2005)
2005-11-14 172 0 MINUTE entry before Judge John W. Darrah : Mikron's motion for leave to file a Sur-reply 169 is granted. Mailed notice (eav, ) (Entered: 11/14/2005)
2005-12-05 173 0 ATTORNEY Appearance for Plaintiff Marley Mouldings Limited by Marlee A. Jansen (Jansen, Marlee) (Entered: 12/05/2005)
2005-12-06 174 0 WITHDRAWING Tara C. Norgard as counsel for Plaintiff Marley Mouldings Limited and substituting Marlee A. Jansen as counsel of record (Jansen, Marlee) (Entered: 12/06/2005)
2005-12-06 175 0 MINUTE entry before Judge John W. Darrah : Status hearing set for 12/7/05 is vacated, the Court will rule by mail. Telephoned notice (eav, ) (Entered: 12/07/2005)
2005-10-21 176 0 MOTION by Defendant Mikron Industries, Inc. for partial summary judgment of Noninfringement ; Notice of filing (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 177 0 MEMORANDUM by Mikron Industries, Inc. in Support of motion for partial summary judgment of noninfringement (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 178 0 STATEMENT by Mikron Indutries of Undisputed Facts in Support of it's motion for parital summary judgemnt of noninfringement (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 179 0 COLLECTION OF EXHIBITS by Defendant Mikron Industries, Inc. in support of it's motion for partial summary judgment of noninfringement and summary judgemnt of invalidity (Volume 1, Exhibits 1-12) (RESTRICTED)(eav, ) (Entered: 01/03/2006)
2005-10-21 180 0 COLLECTION OF EXHIBITS by Defendant Mikron Industries, Inc. in support of it's motion for parital summary judgement of noninfringement and summary judgemnt of invalidity (Volume 2, Exhibits 13-17) (RESTRICTED)(eav, ) (Entered: 01/03/2006)
2005-10-21 181 0 MEMORANDUM by plaintiff Marley Mouldings Limited in Support of its Response to Mikron's Motion for partial summary judgement of noninfringement (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 182 0 RESPONSE by Plaintiff Marley Mouldings Limited to defendant's Statement of Undisputed Facts in support of its motion for partial summary judgment of noninfringement and plaintiff's Statement of Additional Facts (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 183 0 COLLECTION OF EXHIBITS by Plaintiff Marley Mouldings Limited in support of its response to Mikron's motion for partial summary judgment of noninfringement (RESTRICTED)(eav, ) (Entered: 01/03/2006)
2005-10-21 184 0 REPLY Memorandum by Defendant Mikron Industries, Inc. in support of its motion for partial summary judgment of noninfringement 176 (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 185 0 REPLY by Defendant Mikron Industries, Inc. to Marley's Local Rule 56.1(3)(b) Statements of Additional Facts regarding Mikron's motion for summary judgment of noninfringement (RESTRICTED) (eav, ) (Entered: 01/03/2006)
2005-10-21 186 0 COLLECTION OF EXHIBITS by Defendant Mikron Industries, Inc. in support of its motion for partial summary judgment 176 (RESTRICTED)(eav, ) (Entered: 01/03/2006)
2006-01-06 187 0 DUPLICATE filing of document number 188. (Entered: 01/06/2006)
2006-01-06 188 0 MOTION by Defendant Mikron Industries, Inc. to amend/correct Amended Joint Motion for Leave to File Previously Filed Motions In Limine As A Complete Package (Mitrius, Janice) (Entered: 01/06/2006)
2006-01-06 189 0 NOTICE of Motion by Janice V. Mitrius for presentment of motion to amend/correct 188 before Honorable John W. Darrah on 1/19/2006 at 09:00 AM. (Mitrius, Janice) (Entered: 01/06/2006)
2006-01-06 190 0 NOTICE of Correction regarding MOTION by Defendant Mikron Industries, Inc. in limine As a Complete Package 187 . (air, ) (Entered: 01/09/2006)
2006-01-10 191 0 MINUTE entry before Judge John W. Darrah : For the reasons stated in the attached memorandum opinion and order, Mikron's motion for summary judgment of literal infringement of U.S. Patent 5,951,927 by Mikron Products with 20 parts wood flour/polymer pellets and 10 part wood flour/polymer pellets is granted. Mikron's motion for partial summary judgment of nonfingement 176 is granted in part and denied in part. Enter memorandum opinion and order. Mailed notice (eav, ) (Entered: 01/12/2006)
2006-01-10 192 0 MEMORANDUM Opinion and Order Signed by Judge John W. Darrah on 1/10/2006:Mailed notice(eav, ) (Entered: 01/12/2006)
2006-01-19 193 0 MOTION by Defendant Mikron Industries, Inc. in limine #1 to exclude Reference to Mikkon's currently formulation as requiring a "Percent" Wood Flour/Polymer pellets by weight (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 194 0 RESPONSE by Marley Mouldings Limited to Mikron Industries, Inc. motion in limine #1 193 (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 195 0 REPLY by Defendant Mikron Industries, Inc. in support of its motion in limine #1 193 ; Notice of filing (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 196 0 MOTION by Defendant Mikron Industries, Inc. in limine #2 to preclude the introduction of evidence relating to Mikron's pending patent applications (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 197 0 RESPONSE by Marley Mouldings Limited to Mikron Industries, Inc. motion in limine #2 196 (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 198 0 REPLY by Defendant Mikron Industries, Inc. in support of its motion in limine #2 196 ; Notice of filing (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 199 0 MOTION by Defendant Mikron Industries, Inc. in limine #3 to exclude plaintiff's exhibits 44-48 from an unrelated litigation under Federal Rules of Evidence 402, 403 and 408 (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-20 200 0 PROPOSED Pretrial Order by Marley Mouldings Limited, Mikron Industries, Inc. (Attachments: # 1 Exhibit A, B, C1, C2, D, E, F1, F2, I1, I2, I3, I4 & I5)(Jansen, Marlee) (Entered: 01/20/2006)
2006-01-19 201 0 RESPONSE by Marley Mouldings Limited to Mikron Industries, Inc. motion in limine # 3 199 (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 202 0 REPLY Memorandum by Defendant Mikron Industries, Inc. in support of its motion in limine #3 199 ; Notice of filing (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 203 0 MOTION by Defendant Mikron Industries, Inc. in limine #4 to exclude evidence Marley failed to disclose concerning a process Marley has allegedly used for approximately 18 months (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 204 0 RESPONSE by Marley Mouldings Limited to Mikron Industries, Inc. motion in limine #4 203 (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 205 0 REPLY Memorandum by Defendant Mikron Industries, Inc. in support of its motion in limine #4 203 ; Notice of filing (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 206 0 MOTION by Defendant Mikron Industries, Inc. in limine #5 to preclude all evidence relating to the belatedly raised and legally barred position of infringement under the Doctrine of Equivalents (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 207 0 RESPONSE by Marley Mouldings Limited to Mikron Industries, Inc. in limine #5 206 (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 208 0 COLLECTION OF EXHIBITS by Plaintiff Marley Mouldings Limited in support of its response to Mikron's motion in limine #5 207 (RESTRICTED)(eav, ) (Entered: 01/20/2006)
2006-01-19 209 0 CASES that do not appear in a Federal Reporter that are cited in Marley's response to Mikron's motion in limine #5 concerning evidence related to Marley's position of infringement under the Doctrine of Equivalents (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 210 0 REPLY memorandum by Defendant Mikron Industries, Inc. in support of its motion in limine #5 206 ; Notice of filing (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 211 0 MOTION by Plaintiff Marley Mouldings Limited seeking calculation of damages based on Mikron's pellet purchases and loadings, not Mikron's unsubstantiated sales estimates (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 212 0 MOTION by Plaintiff Marley Mouldings Limited to preclude Mikron from presenting testimony or any other evidence concerning reliance on opinions of counsel at trial to rebut Marley's claim of willful infringement (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 213 0 MOTION by Plaintiff Marley Mouldings Limited to preclude Mikron's expert, Michael Wolcott, from testifying about the three part function/way/result test of the Doctrine of Equivalents (RESTRICTED) (eav, ) (Entered: 01/20/2006)
2006-01-19 214 0 MINUTE entry before Judge John W. Darrah : Amended joint motion for leave to file previously filed motions in limine as a complete record, instanter, is granted. Mailed notice (eav, ) (Entered: 01/20/2006)
2006-01-25 215 0 STIPULATION of Dismissal (Jansen, Marlee) (Entered: 01/25/2006)
2006-01-26 216 0 MINUTE entry before Judge John W. Darrah : Parties having filed a stipulated dismissal with prejudice, this case is hereby closed. The claims and counterclaims between Marley and Mikron in this case are dismissed with prejudice, each party to bear its own costs and fees. Pretrial conference set for 2/2/06 and jury trial set for 2/6/06 are vacated. Civil case terminated. Mailed notice (eav, ) (Entered: 01/27/2006)
2006-04-21 217 0 INCORRECT event used to describe document. (Entered: 04/21/2006)
2006-04-21 218 0 NOTICE of Motion by Wendell Wade Harris for presentment of before Honorable John W. Darrah on 4/27/2006 at 09:00 AM. (Harris, Wendell) (Entered: 04/21/2006)
2006-04-21 219 0 NOTICE of Correction regarding other 217 . (air, ) (Entered: 04/24/2006)
2006-04-24 220 0 MOTION by Defendant Mikron Industries, Inc., Counter Claimant Mikron Industries, Inc.Mikron's Motion to Remove Its Confidential Documents Filed Under Seal From The Court Records (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Harris, Wendell) (Entered: 04/24/2006)
2006-04-25 221 0 RESPONSE by Plaintiff Marley Mouldings Limited, Counter Defendant Marley Mouldings Limited (Jansen, Marlee) (Entered: 04/25/2006)
2006-04-27 222 0 MINUTE entry before Judge John W. Darrah : Defendant's motion for an order permitting the removal of documents filed under seal 220 is granted. The Clerk is directed to permanently withdraw certain documents from the Court records and return the documents to the defendant's counsel. Enter order. Mailed notice (eav, ) (Entered: 05/01/2006)
2006-04-27 223 0 ORDER permitting the removal of documents filed under seal Signed by Judge John W. Darrah on 4/27/2006:Mailed notice(eav, ) (Entered: 05/01/2006)
2006-05-01 224 0 ACKNOWLEDGEMENT of Receipt of Sealed Documents by Banner & Witcoff, Ltd. documents numbered 47-1, 47-2, 44, 45, 26, 25, 79, 112, 76, 75, 99, 100, 97, 98, 101, 84, 85, 81, 105, 110, 56, 83, 157, 33, 51, 64, 31, 117, 23, 53, 24, 49, 35, 34, 164, 168, 118, 120, 121, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 77, 16, 211, 212, 213, 109, 114, 115, 116, 46, 82, 106, 193, 194, 195, 160, 158, 159, 90, 86, 95, 80, 61, 74, 73, 94, 196, 197, 198, 199, 201, 202, 206, 207, 208, 209, 210. (eav, ) (Entered: 05/03/2006)
2009-12-17 225 0 ACKNOWLEDGMENT of receipt of sealed documents. (vcf, ) (Entered: 12/21/2009)
2009-12-21 226 0 ACKNOWLEDGMENT of receipt of sealed documents. (vcf, ) (Entered: 12/23/2009)