Case details

Court: insd
Docket #: 1:05-cv-00439
Case Name: AERO INDUSTRIES, INC. v. DE MONTE FABRICATING, LTD. et al
PACER case #: 7970
Date filed: 2005-03-25
Date terminated: 2009-03-27
Assigned to: Judge David Frank Hamilton
Referred to: Magistrate Judge Tim A. Baker
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
AERO INDUSTRIES, INC.
Plaintiff
Christopher A. Smith
HAGEMIER ALLEN & SMITH 10 West Market Street Suite 1170 Indianapolis, IN 46204 (317)464-8110 Fax: (317)464-8146 Email: csmith@dslindiana.net
ATTORNEY TO BE NOTICED

J. Alan Galbraith
WILLIAMS & CONNOLLY LLP 725 Twelfth Street, NW Washington, DC 20005 (202) 434-5022 Fax: (202) 434-5029 Email: agalbraith@wc.com
ATTORNEY TO BE NOTICED

Michael D. Beck
MAGINOT MOORE & BECK 111 Monument Circle Suite 3250 Indianapolis, IN 46204 (317) 554-2927 Fax: (317) 638-2139 Email: mdbeck@maginot.com
ATTORNEY TO BE NOTICED

DE MONTE FABRICATING, LTD.
Defendant
Aaron M. Staser
BARNES & THORNBURG LLP (Indianapolis) 11 South Meridian Street Indianapolis, IN 46204 (317) 229-3139 Fax: (317) 231-7433 Email: aaron.staser@btlaw.com
ATTORNEY TO BE NOTICED

Donald E. Knebel
BARNES & THORNBURG LLP (Indianapolis) 11 South Meridian Street Indianapolis, IN 46204 (317)231-7214 Fax: (317)231-7433 Email: donald.knebel@btlaw.com
ATTORNEY TO BE NOTICED

Joseph P. Carrier
CARRIER BLACKMAN & ASSOCIATES 24101 Novi Road Suite 100 Novi, MI 48375 (248) 344-4422 Fax: (248) 344-1096 Email: cbalaw@ameritech.net
ATTORNEY TO BE NOTICED

Stephen Lewis Vaughan
INDIANO VAUGHAN LLP One North Pennsylvania Street Suite 1300 Indianapolis, IN 46204 (317) 822-0033 Fax: (317) 822-0055 Email: steve@iplawindiana.com
ATTORNEY TO BE NOTICED

Todd G. Vare
BARNES & THORNBURG LLP (Indianapolis) 11 South Meridian Street Indianapolis, IN 46204 (317)231-7735 Fax: (317)231-7433 Email: todd.vare@btlaw.com
ATTORNEY TO BE NOTICED

QUICK DRAW TARPAULIN SYSTEMS, INC.
Defendant
Aaron M. Staser
(See above for address)
ATTORNEY TO BE NOTICED

Donald E. Knebel
(See above for address)
ATTORNEY TO BE NOTICED

John Michael Lowery
LEE BURNS COSSELL & KUEHN 127 East Michigan Street Indianapolis, IN 46204 (317) 631-5151 Fax: (317) 624-4561 Email: jlowery@nleelaw.com
ATTORNEY TO BE NOTICED

Joseph P. Carrier
(See above for address)
ATTORNEY TO BE NOTICED

Stephen Lewis Vaughan
(See above for address)
ATTORNEY TO BE NOTICED

Todd G. Vare
(See above for address)
ATTORNEY TO BE NOTICED

DE MONTE FABRICATING, LTD.
Counter Claimant
Aaron M. Staser
(See above for address)
ATTORNEY TO BE NOTICED

Joseph P. Carrier
(See above for address)
ATTORNEY TO BE NOTICED

AERO INDUSTRIES, INC.
Counter Defendant
Michael D. Beck
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-03-25 1 0 COMPLAINT against DE MONTE FABRICATING, LTD. and QUICK DRAW TARPAULIN SYSTEMS, INC., filed by AERO INDUSTRIES, INC.(DH, ) Additional attachment(s) added on 3/28/2005 (PG, ). (Entered: 03/25/2005)
2005-03-25 2 0 CIVIL COVER SHEET by Plaintiff, AERO INDUSTRIES, INC. (PG, ) (Entered: 03/28/2005)
2005-03-28 3 0 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (PG, ) (Entered: 03/28/2005)
2005-03-25 4 0 RECEIPT #102 5949 in the amount of $ 250.00 for filing fee (PG, ) (Entered: 03/28/2005)
2005-05-17 5 0 Summons Issued as to DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC. (EAH, ) (Entered: 05/18/2005)
2005-06-13 6 0 CORPORATE DISCLOSURE STATEMENT by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 06/13/2005)
2005-06-13 7 0 RETURN of Personal Service by AERO INDUSTRIES, INC. QUICK DRAW TARPAULIN SYSTEMS, INC. served on 6/3/2005. (EAH, ) (Entered: 06/13/2005)
2005-06-20 8 0 MOTION to Appear pro hac vice of J. Alan Galbraith by AERO INDUSTRIES, INC -cs. (Attachments: # 1 Text of Proposed Order)(EAH, ) (Entered: 06/20/2005)
2005-06-20 9 0 RECEIPT #102 6445 in the amount of $ 30.00 for pro hac vice fee. (EAH, ) (Entered: 06/20/2005)
2005-06-22 10 0 ORDER granting 8 Motion to Appear pro hac vice. Attorney J. Alan Galbraith for AERO INDUSTRIES, INC. added . Signed by Judge Tim A. Baker on 6/22/05. (SWM, ) (Entered: 06/22/2005)
2005-06-22 11 0 NOTICE of Appearance by John Michael Lowery on behalf of QUICK DRAW TARPAULIN SYSTEMS, INC. (Lowery, John) (Entered: 06/22/2005)
2005-06-22 12 0 NOTICE of Parties' First Extension of Time by QUICK DRAW TARPAULIN SYSTEMS, INC. (Lowery, John) (Entered: 06/22/2005)
2005-06-23 13 0 NOTICE of Appearance by Christopher A. Smith on behalf of AERO INDUSTRIES, INC. (Smith, Christopher) (Entered: 06/23/2005)
2005-07-21 14 0 NOTICE of Appearance by Stephen Lewis Vaughan on behalf of DE MONTE FABRICATING, LTD. (Vaughan, Stephen) (Entered: 07/21/2005)
2005-07-21 15 0 First MOTION for Extension of Time to August 12, 2005 to Respond to Complaint by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 07/21/2005)
2005-07-21 16 0 RETURN of Service by AERO INDUSTRIES, INC. DE MONTE FABRICATING, LTD. served on 6/30/2005. (EAH, ) (Entered: 07/25/2005)
2005-07-25 17 0 First MOTION to Dismiss for Lack of Jurisdiction by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 # 2 Affidavit Exhibit A)(Lowery, John) (Entered: 07/25/2005)
2005-07-26 18 0 ORDER denying deft DeMonte Fabricating's 15 Motion for Extension of Time to File response to complaint. Pursuant to Local Rule 6.1(a), only a notice is required, not a motion . Signed by Judge Tim A. Baker on 7/26/05. (SWM, ) (Entered: 07/26/2005)
2005-07-26 19 0 NOTICE of Parties' First Extension of Time by DE MONTE FABRICATING, LTD. (Vaughan, Stephen) (Entered: 07/26/2005)
2005-08-12 20 0 RESPONSE in Opposition re 17 First MOTION to Dismiss for Lack of Jurisdiction by Defendant QUick Draw Tarpaulin Systems, Inc. filed by AERO INDUSTRIES, INC.. (Attachments: # 1 Text of Proposed Order Order Denying Defendant's Motion# 2 Exhibit Exhibits to Plaintiff's Response)(Beck, Michael) (Entered: 08/12/2005)
2005-08-12 21 0 MOTION for Discovery by AERO INDUSTRIES, INC.. (Attachments: # 1 Text of Proposed Order)(Beck, Michael) (Entered: 08/12/2005)
2005-08-12 22 0 Second MOTION for Extension of Time to August 22, 2005 by DE MONTE FABRICATING, LTD.. (Attachments: # 1)(Vaughan, Stephen) (Entered: 08/12/2005)
2005-08-16 23 0 SCHEDULING ORDER: Initial Pretrial Conference set for 9/8/2005 09:00 AM in room #234 before Magistrate Judge Tim A. Baker. The CMP is due no less than seven days prior to the iptc. Signed by Judge Tim A. Baker on 8/16/05. (SWM, ) (Entered: 08/16/2005)
2005-08-22 24 0 ORDER granting pltf's 21 Motion for leave to conduct discovery as to both defts. Signed by Judge Tim A. Baker on 8/22/05. (SWM, ) Modified on 9/13/2005 *** (AMENDED per Entry dated 9/13/05) *** (SWM, ). (Entered: 08/22/2005)
2005-08-22 25 0 ORDER granting deft DeMonte Fabricating Ltd's 22 Motion for Extension of Time to File response to complaint to 8/22/05 . Signed by Judge Tim A. Baker on 8/22/05. (SWM, ) (Entered: 08/22/2005)
2005-08-22 26 0 MOTION to Dismiss for Lack of Jurisdiction by DE MONTE FABRICATING, LTD.. (Attachments: # 1)(Vaughan, Stephen) (Entered: 08/22/2005)
2005-08-22 27 0 BRIEF/MEMORANDUM in Support re 26 MOTION to Dismiss for Lack of Jurisdiction filed by DE MONTE FABRICATING, LTD.. (Attachments: # 1 # 2 # 3)(Vaughan, Stephen) (Entered: 08/22/2005)
2005-08-26 28 0 MOTION for Extension of Time to 09-02-2005 in which to 20 Response in Opposition to Motion, by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Text of Proposed Order)(Lowery, John) (Entered: 08/26/2005)
2005-08-29 29 0 Submission of Motion for Extension of Time to Reply to Response for Quick Draw's Motion for Dismissal for Lack of Personal Jurisdiction by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Lowery, John) (Entered: 08/29/2005)
2005-08-29 30 0 ORDER granting 28 Motion for Extension of Time to File reply to 9/2/05 . Signed by Judge John Daniel Tinder on 8/29/05 -cm. (EAH, ) (Entered: 08/29/2005)
2005-09-01 31 0 First MOTION for Extension of Time to November 9, 2005 to file response to 26 MOTION to Dismiss for Lack of Jurisdiction by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 09/01/2005)
2005-09-01 32 0 MOTION for Extension of Time to November 9, 2005 to file response to 26 MOTION to Dismiss for Lack of Jurisdiction by AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Exhibits to Plaintiff's Motion for Enlargement)(Beck, Michael) (Entered: 09/01/2005)
2005-09-02 33 0 REPLY in support of Motion re 17 First MOTION to Dismiss for Lack of Jurisdiction filed by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Lowery, John) (Entered: 09/02/2005)
2005-09-06 34 0 CASE MANAGEMENT PLAN TENDERED by all parties. (Attachments: # 1 Magistrate Summary of CMP)(Lowery, John) (Entered: 09/06/2005)
2005-09-12 35 0 MOTION for Bill of Costs From Defendant QUick Draw Tarpaulin Systems, Inc. by AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Exhibit A Invoice# 2 Exhibit Exhibit B Waiver# 3 Text of Proposed Order Order Granting Costs)(Beck, Michael) (Entered: 09/12/2005)
2005-09-12 36 0 MOTION for Bill of Costs From Defendant DeMonte Fabricating, Ltd. by AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Exhibit A Invoice# 2 Exhibit Exhibit B Waiver# 3 Text of Proposed Order Order Granting Costs)(Beck, Michael) (Entered: 09/12/2005)
2005-09-12 37 0 ORDER granting pltf's 32 Motion for Extension of Time to File Response to 11/9/2005 re 26 MOTION to Dismiss for Lack of Jurisdiction. Deft DeMonte shall have thirty (30) days following service of such response in which to file its reply . Signed by Judge Tim A. Baker on 9/12/05. (SWM, ) (Entered: 09/12/2005)
2005-09-13 38 0 ENTRY for 9/8/05. Parties appeared by counsel for an initial pretrial conference. The parties disagreed regarding the proper anchor date. The Court now finds that the anchor date shall be 9/8/05 as proposed by the pltf. The parties proposed CMP [Docket No. 34] is DENIED. Docket No. 24 is amended to reflect that pltf may conduct discovery as to both defts. The parties shall file an amended proposed CMP no later than 9/26/05 (See Entry). Signed by Judge Tim A. Baker on 9/13/05. (SWM, ) (Entered: 09/13/2005)
2005-09-18 39 0 NOTICE by AERO INDUSTRIES, INC. of Withdrawal of Motion for Costs Against DeMonte (Beck, Michael) (Entered: 09/18/2005)
2005-09-26 40 0 CASE MANAGEMENT PLAN TENDERED by all parties. (Attachments: # 1 Magistrate's Summary of CMP)(Lowery, John) (Entered: 09/26/2005)
2005-10-13 41 0 ORDER granting 35 Motion for Bill of Costs. Defendant Quick Draw Tarpaulin Systems, Inc is ordered to pay costs associated with obtaining service on defendant. Signed by Judge John Daniel Tinder on 10/13/05 -cm. (EAH, ) (Entered: 10/13/2005)
2005-10-13 42 0 ENTRY denying 17 Motion to Dismiss for Lack of Jurisdiction . Signed by Judge John Daniel Tinder on 10/13/05 -cm. (EAH, ) (Entered: 10/13/2005)
2005-10-13 43 0 ORDER: CASE MANAGEMENT ORDER APPROVED as submitted (Amended CMP). Dispositive motions due by 9/8/2006. Signed by Judge Tim A. Baker on 10/13/05. (SWM, ) (Entered: 10/14/2005)
2005-10-27 44 0 Second MOTION for Extension of Time to November 26, 2005 to Answer Plaintiff's Complaint by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Text of Proposed Order)(Lowery, John) (Entered: 10/27/2005)
2005-11-02 45 0 NOTICE by DE MONTE FABRICATING, LTD. re 26 MOTION to Dismiss for Lack of Jurisdiction, 27 Brief/Memorandum in Support of Motion of Withdrawal of Motion to Dismiss for Lack of Personal Jurisdiction (Vaughan, Stephen) (Entered: 11/02/2005)
2005-11-03 46 0 ORDER granting deft's Quick Draw's 44 Motion for Extension of Time to File response to complaint to 11/26/05 . Signed by Judge Tim A. Baker on 11/3/05. (SWM, ) (Entered: 11/04/2005)
2005-11-16 47 0 Third MOTION for Extension of Time to December 2, 2005 to Respond to Complaint by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 11/16/2005)
2005-11-18 48 0 ORDER granting 47 Motion for Extension of Time to File response to pltfs complt to 12/2/05 . Signed by Judge Tim A. Baker on 11/18/05. (CBU, ) (Entered: 11/21/2005)
2005-11-28 49 0 Quick Draw's ANSWER to Complaint with Jury Demand and Affirmative Defenses by QUICK DRAW TARPAULIN SYSTEMS, INC..(Lowery, John) (Entered: 11/28/2005)
2005-12-02 50 0 DeMonte's ANSWER to Complaint with Jury Demand and, COUNTERCLAIM for Declaratory Judgment of Invalidity of U.S. Pat. 5,538,313 against AERO INDUSTRIES, INC. by DE MONTE FABRICATING, LTD..(Vaughan, Stephen) (Entered: 12/02/2005)
2005-12-08 51 0 NOTICE of Service of Initial Disclosures by DE MONTE FABRICATING, LTD. (Vaughan, Stephen) (Entered: 12/08/2005)
2005-12-08 52 0 NOTICE of Service of Initial Disclosures by QUICK DRAW TARPAULIN SYSTEMS, INC. (Lowery, John) (Entered: 12/08/2005)
2005-12-09 53 0 NOTICE of Filing Of Plaintiff's Rule 26 Disclosures by AERO INDUSTRIES, INC. (Beck, Michael) (Entered: 12/09/2005)
2005-12-21 54 0 Reply ANSWER to Counterclaim of DeMonte Fabricating, Ltd. by AERO INDUSTRIES, INC..(Beck, Michael) (Entered: 12/21/2005)
2006-01-06 55 0 Submission of Plaintiff's Preliminary Witness and Exhibit List by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 01/06/2006)
2006-02-08 56 0 NOTICE by AERO INDUSTRIES, INC. of Service of Plaintiff's Claim Chart (Beck, Michael) (Entered: 02/08/2006)
2006-02-08 57 0 PRELIMINARY WITNESS AND EXHIBIT LIST by DE MONTE FABRICATING, LTD.. (Vaughan, Stephen) Modified on 2/9/2006 (EAH, ). (Entered: 02/08/2006)
2006-02-21 58 0 NOTICE of Parties' First Extension of Time by DE MONTE FABRICATING, LTD. (Vaughan, Stephen) (Entered: 02/21/2006)
2006-03-08 59 0 NOTICE by DE MONTE FABRICATING, LTD. of Service of Responsive Claim Charts and Proposed Claim Construction (Vaughan, Stephen) (Entered: 03/08/2006)
2006-03-08 60 0 NOTICE by QUICK DRAW TARPAULIN SYSTEMS, INC. of Joining Defendant, DeMonto;s Serving of Claim Charts (Lowery, John) (Entered: 03/08/2006)
2006-03-23 61 0 MOTION for Extension of Time to April 22, 2006 for Second Extension to Respond to Plaintiff's Request for Documents and Things by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 03/23/2006)
2006-03-24 62 0 RESPONSE in Opposition re 61 MOTION for Extension of Time to April 22, 2006 for Second Extension to Respond to Plaintiff's Request for Documents and Things filed by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 03/24/2006)
2006-03-24 63 0 Second MOTION for Extension of Time to April 22, 2006 to Respond to Request for Documents and Things by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Declaration for being unable to file in a timely manner)(Lowery, John) (Entered: 03/24/2006)
2006-04-03 64 0 ORDER granting deft DeMonte Fabricating LTD's 61 Motion for Extension of Time to File response to pltf's first request for production to 4/22/06 . Signed by Judge Tim A. Baker on 4/3/06. (SWM, ) (Entered: 04/03/2006)
2006-04-03 65 0 ORDER granting deft Quick Draw's 63 Motion for Extension of Time to File response to pltf's request for documents and things to 4/22/06 . Signed by Judge Tim A. Baker on 4/3/06. (SWM, ) (Entered: 04/03/2006)
2006-04-10 66 0 NOTICE by AERO INDUSTRIES, INC. OF SERVICE OF PLAINTIFF'S REPLY TO DEFENDANT'S CLAIM CONSTRUCTION (Beck, Michael) (Entered: 04/10/2006)
2006-04-14 67 0 MOTION for Extension of Time to 30 days for Case Management Plan Deadlines by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 04/14/2006)
2006-04-14 68 0 Second MOTION for Extension of Time to May 22, 2006 (for third enlargement) by DE MONTE FABRICATING, LTD.. (Attachments: # 1)(Vaughan, Stephen) (Entered: 04/14/2006)
2006-04-14 69 0 SCHEDULING ORDER: Status Conference set for 4/19/2006 10:30 AM in Telephonic before Magistrate Judge Tim A. Baker addressing case management and scheduling issues Signed by Judge Tim A. Baker on 4/14/06. (CBU, ) (Entered: 04/17/2006)
2006-04-20 70 0 ORDER on 4/19/06 Telephonic Status Conference: Parties appeared by counsel. Deft DeMonte's motion for a 30-day enlargement of time of the CMP deadlines [Docket No. 67] is granted. DeMonte shall submit a proposed order w/i five days of the date of this order setting forth specific, revised CMP dates. DeMonte's motion for a third enlargement of time to respond to Pltf's first set of requests for documents and things [Docket No. 68] is granted in part (See Order). Signed by Judge Tim A. Baker on 4/20/06. (SWM, ) (Entered: 04/20/2006)
2006-04-24 71 0 Submission Proposed Order on Motion for Thirty Day Extension of Case Management Plan Deadlines (Docket No. 67) by DE MONTE FABRICATING, LTD.. (Vaughan, Stephen) (Entered: 04/24/2006)
2006-05-11 72 0 SCHEDULING ORDER: Status Conference set for 9/26/2006 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of this conference is to address case management and settlement. Signed by Judge Tim A. Baker on 5/11/06. (SWM, ) (Entered: 05/12/2006)
2006-06-06 73 0 MOTION for Claim Construction Schedule by all parties. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 06/06/2006)
2006-06-06 74 0 MOTION for Asmission Pro Hac Vice of Joseph P. Carrier by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 06/06/2006)
2006-06-07 75 0 RECEIPT #108-3112 in the amount of $ 30.00 PHV fee (CBU, ) (Entered: 06/07/2006)
2006-06-07 76 0 ORDER granting parties' 73 Agreed Motion for claim construction schedule (See Order for briefing schedule). Signed by Judge Tim A. Baker on 6/7/06. (SWM, ) (Entered: 06/08/2006)
2006-06-07 77 0 ORDER on DeMonte's motion for thirty day extension of case management deadlines. Dispositive motions due by 10/8/2006 (See Order for other established deadlines). Signed by Judge Tim A. Baker on 6/7/06. (SWM, ) (Entered: 06/08/2006)
2006-06-13 78 0 ORDER granting Joseph P. Carrier's 74 Motion to appear pro hac vice on behalf of DeMONTE FABRICATING, LTD. and QUICK DRAW TARPAULIN SYSTEMS, INC. Signed by Judge Tim A. Baker on 6/13/06. (SWM, ) Modified on 6/13/2006 (SWM, ). (Entered: 06/13/2006)
2006-06-13 79 0 MOTION for Extension of Time to June 16, 2006 for Claim Construction Schedule by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 06/13/2006)
2006-06-15 80 0 ORDER granting DeMonte Fabricating Ltd's 79 Motion for Extension of claim construction schedule (See Order for established deadlines). Signed by Judge Tim A. Baker on 6/15/06. (SWM, ) (Entered: 06/16/2006)
2006-06-16 81 0 MOTION for Claim Construction by all defendants. (Vaughan, Stephen) (Entered: 06/16/2006)
2006-06-16 82 0 BRIEF/MEMORANDUM in Support re 81 MOTION for Claim Construction filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Vaughan, Stephen) (Entered: 06/16/2006)
2006-06-28 83 0 NOTICE of Appearance by Stephen Lewis Vaughan on behalf of QUICK DRAW TARPAULIN SYSTEMS, INC. (Vaughan, Stephen) (Entered: 06/28/2006)
2006-07-07 84 0 RESPONSE in Opposition re 81 MOTION for Claim Construction filed by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 07/07/2006)
2006-07-14 85 0 MOTION for Oral Argument on Claim Construction Issues by DE MONTE FABRICATING, LTD.. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 07/14/2006)
2006-07-14 86 0 REPLY in support of Motion re 81 MOTION for Claim Construction filed by all defendants. (Vaughan, Stephen) (Entered: 07/14/2006)
2006-08-23 87 0 Joint MOTION for Protective Order by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 08/23/2006)
2006-08-25 88 0 Stipulated Protective Order APPROVED. Signed by Judge Tim A. Baker on 8/25/06. (SWM, ) (Entered: 08/25/2006)
2006-08-28 89 0 MOTION to Stay Discovery and Suspend CMP Deadlines by all defendants. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 08/28/2006)
2006-08-28 90 0 MOTION to Bifurcate Liability and Damages Issue in Discovery and at Trial by all defendants. (Attachments: # 1 Text of Proposed Order)(Vaughan, Stephen) (Entered: 08/28/2006)
2006-08-29 91 0 SCHEDULING ORDER: Status Conference RESET for 9/11/2006 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of this conference is to address: (1) Defts' motion to stay discovery and suspend CMP deadlines [Docket No. 89]; and (2) case management; and (3) settlement. The Telephonic Status Conference set for 9/26/2006 is VACATED. Signed by Judge Tim A. Baker on 8/29/06. (SWM, ) (Entered: 08/30/2006)
2006-08-31 92 0 RESPONSE in Opposition re 89 MOTION to Stay Discovery and Suspend CMP Deadlines filed by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 08/31/2006)
2006-09-11 93 0 RESPONSE in Opposition re 90 MOTION to Bifurcate Liability and Damages Issue in Discovery and at Trial, filed by Plaintiff AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 09/11/2006)
2006-09-18 94 0 REPLY in Support of Motion re 90 MOTION to Bifurcate Liability and Damages Issue in Discovery and at Trial, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Vaughan, Stephen) (Entered: 09/18/2006)
2006-09-19 95 0 ORDER - Parties appeared by counsel September 11, 2006 for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. ORDER granting in part and denying in part 89 Defendants' motion to stay discovery and suspend Case Management Plan. Signed by Judge Tim A. Baker on 09/19/2006. (TMA) (Entered: 09/20/2006)
2006-09-22 96 0 First MOTION to Compel, filed by Plaintiff AERO INDUSTRIES, INC.., (Attachments: # 1 Text of Proposed Order)(Beck, Michael) (Entered: 09/22/2006)
2006-10-10 97 0 RESPONSE in Opposition re 96 First MOTION to Compel, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Vaughan, Stephen) (Entered: 10/10/2006)
2006-10-11 98 0 REPLY in Support of Motion re 96 First MOTION to Compel, filed by Plaintiff AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 10/11/2006)
2006-11-14 99 0 ENTRY granting pltf's 96 Motion to Compel (See Entry). Signed by Judge Tim A. Baker on 11/14/06. (SWM) (Entered: 11/15/2006)
2006-11-15 100 0 MOTION to Withdraw as Attorney, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Text of Proposed Order for Motion to Withdraw)(Vaughan, Stephen) (Entered: 11/15/2006)
2006-11-20 101 0 ORDER granting 100 Motion to Withdraw as Attorney. Attorney Stephen Lewis Vaughan withdrawn Signed by Judge Tim A. Baker on 11/20/06. (CBU) (Entered: 11/20/2006)
2006-12-04 102 0 NOTICE of Appearance by Todd G. Vare on behalf of Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Vare, Todd) (Entered: 12/04/2006)
2006-12-04 103 0 NOTICE of Appearance by Aaron M. Staser on behalf of Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Staser, Aaron) (Entered: 12/04/2006)
2006-12-04 104 0 NOTICE of Appearance by Donald E. Knebel on behalf of Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Knebel, Donald) (Entered: 12/04/2006)
2006-12-05 105 0 Case Reassigned to Judge David Frank Hamilton. Judge John Daniel Tinder no longer assigned to the case. The cause number for this case has been changed to reflect the initials (DFH) of the newly assigned judge. Please not that cause number 1:05-cv-00439-DFH-TAB must be used on all future filings. (DWH) (Entered: 12/05/2006)
2006-12-13 106 0 SCHEDULING ORDER: Scheduling Conference set for 12/18/2006 at 02:00 PM in room #330 before Judge David Frank Hamilton.(LSC) (Entered: 12/13/2006)
2006-12-19 107 0 ORDER : Dispositive Motion Deadline of 3/15/2007; Parties shall have an opportunity to complete discovery on damages issues as needed, after the court rules on summary judgment motions; Counsel may confer and submit additional modifications to the CMP consistent with this approach. Signed by Judge David Frank Hamilton on 12/19/2006. (LSC) (Entered: 12/19/2006)
2006-12-20 108 0 MOTION to Withdraw as Attorney by John M. Lowery, filed by Defendant QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Text of Proposed Order)(Lowery, John) (Entered: 12/20/2006)
2006-12-21 109 0 ORDER granting 108 Motion to Withdraw as Attorney. Attorney John Michael Lowery withdrawn. Signed by Judge Tim A. Baker on 12/21/06. (SWM) (Entered: 12/22/2006)
2007-01-16 110 0 **Please Disregard - See 111 for Corrected Filing** - Joint MOTION to Modify Deadlines and to Reinstate CMP, filed by Counter Claimant DE MONTE FABRICATING, LTD., Counter Defendant AERO INDUSTRIES, INC., Plaintiff AERO INDUSTRIES, INC., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.., (Attachments: # 1 Text of Proposed Order for joint motion to reinstate and modify CMP)(Staser, Aaron) Modified on 1/17/2007 (LSC). (Entered: 01/16/2007)
2007-01-16 111 0 Joint MOTION to Modify Deadlines & to Reinstate CMP (CORRECTED), filed by Counter Claimant DE MONTE FABRICATING, LTD., Counter Defendant AERO INDUSTRIES, INC., Plaintiff AERO INDUSTRIES, INC., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.., (Attachments: # 1 Text of Proposed Order)(Staser, Aaron) (Entered: 01/16/2007)
2007-01-19 112 0 ORDER granting parties' 111 Joint Motion to Modify deadlines and reinstate CMP (See Order for established deadlines). Signed by Judge Tim A. Baker on 1/19/07. (SWM) (Entered: 01/19/2007)
2007-01-19 113 0 Margin ORDER granting deft's 81 Motion for Opening Claim Construction, to the extent that the parties should present these issues through motions for summary judgment. Signed by Judge David Frank Hamilton on 1/19/2007. (LSC) (Entered: 01/19/2007)
2007-01-19 114 0 Margin ORDER granting defts' 85 Motion for Oral Argument, in that the court will schedule a hearing on the expected summary judgment motions. Signed by Judge David Frank Hamilton on 1/19/2007. (LSC) (Entered: 01/19/2007)
2007-01-19 115 0 Margin ORDER denying defts' 90 Motion to Bifurcate. Signed by Judge David Frank Hamilton on 1/19/2007. (LSC) (Entered: 01/19/2007)
2007-02-16 116 0 Joint MOTION for Extension of Time to 4/13/2007 as to any Motions for Summary Judgment, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.., (Attachments: # 1 Text of Proposed Order)(Staser, Aaron) (Entered: 02/16/2007)
2007-02-23 117 0 ORDER granting parties' 116 Joint Motion for Extension of Time to File any motions for S/J to 4/13/07. The Court will address claim construction issues in the context of S/J motions. Signed by Judge Tim A. Baker on 2/23/07. (SWM) (Entered: 02/23/2007)
2007-04-13 118 0 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 4,711,484, filed by Plaintiff AERO INDUSTRIES, INC.., (Attachments: # 1 Text of Proposed Order)(Beck, Michael) (Entered: 04/13/2007)
2007-04-13 119 0 BRIEF/MEMORANDUM in Support re 118 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 4,711,484, filed by Plaintiff AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit DeMonte Deposition Exhibit 23# 6 Exhibit DeMonte Deposition Exhibit 26# 7 Exhibit DeMonte Deposition Exhibit 32# 8 Exhibit DeMonte Deposition Exhibit 36# 9 Affidavit Affidavit of Ronald G. Bredemeyer)(Beck, Michael) (Entered: 04/13/2007)
2007-04-13 120 0 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313, filed by Plaintiff AERO INDUSTRIES, INC.., (Attachments: # 1 Text of Proposed Order)(Beck, Michael) (Entered: 04/13/2007)
2007-04-13 121 0 BRIEF/MEMORANDUM in Support re 120 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313, filed by Plaintiff AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit DeMonte Deposition Exhibit 23# 6 Exhibit DeMonte Deposition Exhibit 26# 7 Exhibit DeMonte Deposition Exhibit 32# 8 Exhibit DeMonte Deposition Exhibit 36# 9 Exhibit DeMonte Deposition Exhibit 37# 10 Affidavit Affidavit of Ronald G. Bredemeyer)(Beck, Michael) (Entered: 04/13/2007)
2007-04-13 122 0 NOTICE of Filing (Manual) by AERO INDUSTRIES, INC. (Beck, Michael) (Entered: 04/13/2007)
2007-04-13 123 0 MOTION for Summary Judgment of Non-Infringement..., filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.., (Staser, Aaron) (Entered: 04/13/2007)
2007-04-13 124 0 BRIEF/MEMORANDUM in Support re 123 MOTION for Summary Judgment of Non-Infringement..., filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H-1# 9 Exhibit H-2# 10 Exhibit H-3# 11 Exhibit h-4# 12 Exhibit Ex-5# 13 Exhibit H-6# 14 Exhibit I# 15 Exhibit J# 16 Exhibit K# 17 Exhibit L# 18 Exhibit M# 19 Exhibit N# 20 Exhibit Q# 21 Exhibit R# 22 Exhibit S-1# 23 Exhibit S-2# 24 Exhibit S-3# 25 Exhibit T# 26 Exhibit U# 27 Exhibit V# 28 Exhibit W# 29 Exhibit Y# 30 Exhibit Z# 31 Exhibit AA# 32 Exhibit BB# 33 Exhibit DD)(Staser, Aaron) (Entered: 04/13/2007)
2007-04-13 125 0 SEALED - Exhibits in Support re 123 Motion for Summary Judgment of Non-Infringement, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC. (Attachments: # 1 Exhibit C# 2 Exhibit O# 3 Exhibit P# 4 Exhibit X# 5 Exhibit CC)(Staser, Aaron) Modified on 4/16/2007 (LSC). (Entered: 04/13/2007)
2007-04-13 126 0 SEALED - Corrected Exhibit C to 124 Brief Memorandum re 123 Motion for Summary Judgment of Non-Infringement, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC. (Attachments: # 1 Exhibit c)(Staser, Aaron) Modified on 4/16/2007 (LSC). (Entered: 04/13/2007)
2007-04-13 127 0 Corrected EXHIBIT H-5 in Support re 123 MOTION for Summary Judgment of Non-Infringement, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit H-5)(Staser, Aaron) Modified on 4/16/2007 (LSC). (Entered: 04/13/2007)
2007-04-13 128 0 EXHIBITS in Support of 120 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313 re 122 Notice of Manual Filing, filed by Plaintiff AERO INDUSTRIES, INC. c/s (Attachments: # (1) DeMonte Deposition Exhibit 27# (2) DeMonte Deposition Exhibit 28# (3) DeMonte Deposition Exhibit 34# (4) DeMonte Deposition Exhibit 35# (5) Bredemeyer Affidavit - Pictures 1-11)(LSC) (Entered: 04/16/2007)
2007-04-16 129 0 NOTICE of Filing - Corrected Exhibit F re 123 Motion for Summary Judgment, filed by all defendants (Attachments: # 1 Exhibit Corrected Exhibit F) (Staser, Aaron) Modified on 4/17/2007 (LSC). (Entered: 04/16/2007)
2007-05-03 130 0 **PLEASE DISREGARD - SEE 131 FOR CORRECTED FILING** - NOTICE of Parties' First Extension of Time, filed by Plaintiff AERO INDUSTRIES, INC.. (Beck, Michael) Modified on 5/4/2007 (LSC). (Entered: 05/03/2007)
2007-05-03 131 0 MOTION for Extension of Time to June 1, 2007 to file response to 123 MOTION for Summary Judgment of Non-Infringement..., 118 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 4,711,484, 120 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313, filed by Plaintiff AERO INDUSTRIES, INC.. (Attachments: # 1 Text of Proposed Order)(Beck, Michael) (Entered: 05/03/2007)
2007-05-07 132 0 ORDER granting pltf's 131 Motion for Extension of Time to respond to motions for S/J. Parties shall have up to and including 6/1/07, in which to respond to the respective motions for S/J served on 4/13/07. Signed by Judge Tim A. Baker on 5/7/07. (SWM) (Entered: 05/07/2007)
2007-05-31 133 0 RESPONSE in Opposition re 123 MOTION for Summary Judgment of Non-Infringement..., filed by Plaintiff AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Affidavit of Ronald G. Bredemeyer# 2 Exhibit Affidavit of James R. Tuerk Part 1# 3 Exhibit Affidavit of James R. Tuerk Part 2# 4 Exhibit Affidavit of Keaven Noteboom# 5 Exhibit Depostion Excerpts Walter DeMonte# 6 Exhibit Deposition Excerpts James R. Tuerk# 7 Exhibit Affidavit of Toby Young# 8 Exhibit Quick Draw Product Brochure# 9 Exhibit Quick Draw web page)(Beck, Michael) (Entered: 05/31/2007)
2007-06-01 134 0 RESPONSE in Opposition re 118 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 4,711,484, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(Staser, Aaron) Modified on 6/4/2007 (LSC). (Entered: 06/01/2007)
2007-06-01 135 0 RESPONSE in Opposition re 120 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit Exhibit 2# *** STRICKEN PER ORDER DATED 6/11/07 (3) Exhibit 3)*** (Staser, Aaron) Modified on 6/4/2007 (LSC). Modified on 6/12/2007 (SWM). (Entered: 06/01/2007)
2007-06-05 136 0 MOTION to Amend/Correct 135 Response in Opposition to Motion,, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.., (Attachments: # 1 Text of Proposed Order proposed order)(Staser, Aaron) (Entered: 06/05/2007)
2007-06-05 137 0 *** WITHDRAWN PER ORDER DATED 6/18/07 *** SEALED Corrected Exhibit 3, re 136 Motion to Amend/Correct, filed by Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Staser, Aaron) Modified on 6/19/2007 (SWM). (Entered: 06/05/2007)
2007-06-11 138 0 ORDER granting defts' 136 Motion for leave to file corrected and sealed exhibit 3 to defts' brief in opposition to pltf's motion for S/J (Docket Entry #135). Exhibit 3 to defts' brief (Docket Entry #135) is stricken and exhibit 3 (corrected and under seal) accepted as a substitute for the previously filed exhibit 3 to Docket Entry #135. Signed by Judge Tim A. Baker on 6/11/07. (SWM) (Entered: 06/12/2007)
2007-06-15 139 0 SEALED - Second Corrected Exhibit 3 re 135 Response in Opposition to Motion,, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC. (Staser, Aaron) Modified on 6/18/2007 (LSC). (Entered: 06/15/2007)
2007-06-15 140 0 Unopposed MOTION to Wthdraw Docket Entry #137, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.., (Attachments: # 1 Text of Proposed Order)(Staser, Aaron) (Entered: 06/15/2007)
2007-06-18 141 0 REPLY in Support of Motion re 123 MOTION for Summary Judgment of Non-Infringement..., filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 4# 4 Exhibit 5)(Staser, Aaron) (Entered: 06/18/2007)
2007-06-18 142 0 SEALED Exhibit 3, re 141 Reply in Support of Motion,, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Staser, Aaron) (Entered: 06/18/2007)
2007-06-18 143 0 REPLY in Support of Motion re 118 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 4,711,484, filed by Plaintiff AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 06/18/2007)
2007-06-18 144 0 REPLY in Support of Motion re 120 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313, filed by Plaintiff AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 06/18/2007)
2007-06-18 145 0 ORDER granting defts' 140 Motion to Withdraw Docket Entry #137. Signed by Judge Tim A. Baker on 6/18/07. (SWM) (Entered: 06/19/2007)
2007-06-20 146 0 SCHEDULING ORDER:Oral argument set for 9/7/2007 11:00 AM in room #344 before Judge David Frank Hamilton to address the parties' motions for summary judgment. Issued by Judge David Frank Hamilton on 06/20/2007. (CEB) (Entered: 06/20/2007)
2007-06-20 147 0 ORDER on 6/19/07 Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery, settlement, and related matters. Given the pending S/J motions, at the joint request of counsel the following deadlines are vacated: (1) the deadline to complete discovery related to damages and expert witnesses; and (2) the deadline to make Rule 26 expert disclosures. Counsel shall contact the Mag Judge w/i 10 days after a ruling on the pending S/J motions to establish revised deadlines for case management and to explore settlement. Signed by Judge Tim A. Baker on 6/20/07. (SWM) (Entered: 06/21/2007)
2007-07-31 148 0 Surreply re 123 MOTION for Summary Judgment of Non-Infringement... and Motion for CLaim Construction, filed by Plaintiff AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 07/31/2007)
2007-09-07 149 0 Courtroom Minutes for proceedings held before Judge David Frank Hamilton : Motion Hearing held on 9/7/2007 re 123 MOTION for Summary Judgment of Non-Infringement... filed by QUICK DRAW TARPAULIN SYSTEMS, INC., DE MONTE FABRICATING, LTD., 118 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 4,711,484 filed by AERO INDUSTRIES, INC., 120 MOTION for Summary Judgment Of Infringement of U.S. Patent No. 5,538,313 filed by AERO INDUSTRIES, INC.; disputed claim construction issues also addressed; arguments presented; matters taken under advisement. (Court Reporter Fred Pratt.) (CEB) (Entered: 09/07/2007)
2007-09-18 150 0 NOTICE of Citation to Supplemental Authority, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC. (Staser, Aaron) (Entered: 09/18/2007)
2007-09-19 151 0 NOTICE of Response to Defendants' Citation of New Authority, filed by Plaintiff AERO INDUSTRIES, INC., re 150 Notice (Other). (Beck, Michael) (Entered: 09/19/2007)
2007-09-20 152 0 NOTICE of Reply to Response to Defendants' Citation of Supplemental Authority, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC., re 150 Notice (Other), 151 Notice (Other). (Staser, Aaron) (Entered: 09/20/2007)
2008-11-18 153 0 NOTICE to File Corporate Disclosure Statement to DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC. (LAB) (LBK) (Entered: 11/18/2008)
2008-11-19 154 0 NOTICE to File Corporate Disclosure Statement to DE MONTE FABRICATING, LTD., AERO INDUSTRIES, INC., QUICK DRAW TARPAULIN SYSTEMS, INC.(LAB) (LBK) (Entered: 11/19/2008)
2008-11-19 155 0 Corporate Disclosure Statement by AERO INDUSTRIES, INC.. (Beck, Michael) (Entered: 11/19/2008)
2008-11-24 156 0 Corporate Disclosure Statement by QUICK DRAW TARPAULIN SYSTEMS, INC.. (Staser, Aaron) (Entered: 11/24/2008)
2008-11-24 157 0 Corporate Disclosure Statement by DE MONTE FABRICATING, LTD.. (Staser, Aaron) (Entered: 11/24/2008)
2009-03-27 158 0 ENTRY ON CLAIM CONSTRUCTION AND CROSS-MOTIONS FOR SUMMARY JUDGMENT. For the reasons stated herein, defendants' motion for summary judgment (dkt. no. 123) is granted in part and denied in part; plaintiff's motion for summary judgment of infringement of the '313 patent is denied; plaintiff's motion for summary judgment of infringement of the '484 patent is denied; and the parties' motions for claim construction are granted to the extent set forth herein. The court will enter final judgment in favor of defendants. Signed by Judge David Frank Hamilton on 3/27/2009. (LBK) (Entered: 03/27/2009)
2009-03-27 159 0 FINAL JUDGMENT - ORDERED that Plaintiff take nothing by its complaint against Quick Draw Tarpaulin Systems, Inc. and DeMonte Fabricating, Ltd., and this action is DISMISSED WITH PREJUDICE, with costs to defendants. Signed by Judge David Frank Hamilton on 3/27/2009.(LBK) (Entered: 03/27/2009)
2009-04-01 160 0 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (LBK) (Entered: 04/01/2009)
2009-04-08 161 0 First MOTION for Extension of Time to May 1, 2009 for Defendants to file Motion for Attorneys' Fees, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Text of Proposed Order)(Staser, Aaron) (Entered: 04/08/2009)
2009-04-09 162 0 ORDER granting IN PART 161 Motion for Extension of Time to File Motion for Assessment of Post-Judgment Attorneys' Fees. Any motion of Quick Draw for assessment of post-judgment attorneys' fees shall be filed NO LATER THAN APRIL 24, 2009. Signed by Judge David Frank Hamilton on 4/9/2009. (LBK) (Entered: 04/09/2009)
2009-04-10 163 0 BILL OF COSTS by all defendants. (Staser, Aaron) Modified on 4/14/2009 (WJC). (Entered: 04/10/2009)
2009-04-24 164 0 MOTION for Attorney Fees, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Staser, Aaron) (Entered: 04/24/2009)
2009-04-24 165 0 BRIEF/MEMORANDUM in Support re 164 MOTION for Attorney Fees, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit A - Excerpt from Plaintiff's Disclosure of Asserted Claims, # 2 Exhibit B - Information Disclosure from '313 File History)(Staser, Aaron) (Entered: 04/24/2009)
2009-05-06 166 0 RESPONSE in Opposition re 164 MOTION for Attorney Fees, filed by Plaintiff AERO INDUSTRIES, INC.. (Attachments: # 1 Exhibit Exhibit A - File jacket for '313 Patent, # 2 Exhibit Exhibit B - Letter from Laubscher to Tuerk, # 3 Exhibit Exhibit C - Letter from Tuerk to Laubscher)(Beck, Michael) (Entered: 05/06/2009)
2009-05-18 167 0 REPLY in Support of Motion re 164 MOTION for Attorney Fees, filed by Counter Claimant DE MONTE FABRICATING, LTD., Defendants DE MONTE FABRICATING, LTD., QUICK DRAW TARPAULIN SYSTEMS, INC.. (Attachments: # 1 Exhibit 1 - Letter dated March 6, 2007, from Aaron Staser to Michael Beck, # 2 Exhibit 2 - Letter dated March 13, 2007, from Michael Beck to Aaron Staser)(Staser, Aaron) (Entered: 05/18/2009)
2009-06-24 168 0 ORDER denying 164 Defendants' Motion for Attorney Fees. For the reasons discussed herein, defendants' motion for award of attorney fees is hereby denied. By separate order, the court awards defendants their litigation costs. Signed by Judge David Frank Hamilton on 6/24/2009. (LBK) (Entered: 06/24/2009)
2009-07-10 169 0 Costs Taxed in the amount of $7,297.60 against AERO INDUSTRIES, INC. (WJC) (Entered: 07/10/2009)