Case details

Court: mad
Docket #: 3:99-cv-30052
Case Name: Omniglow Corporation v. Unique Industries
PACER case #: 80757
Date filed: 1999-03-12
Date terminated: 2003-03-17
Assigned to: Judge Michael A. Ponsor
Case Cause: 28:1338 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Omniglow Corporation
Plaintiff
Daniel M. Gantt
Fish & Neave 1251 Avenue of the Americas New York, NY 10020
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donald K. Reedy
Fish & Neave 1251 Avenue of the Americas New York, NY 01120 212-596-9000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas A. Kenefick , III
Law Office of Thomas A. Kenefick III 73 Chestnut Street Springfield, MA 01103 413-734-7000 Fax: 413-731-1302 Email: takenefick@verizon.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Unique Industries, Inc.
Defendant
C. Jeffrey Kinder
Fierst, Pucci & Kane LLP 64 Gothic Street Northampton, MA 01060-3042 413-584-8067 Fax: 413-585-0787 Email: kinder@fierstpucci.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gerard F. Dunne
Law Office of Gerard F. Dunne, PC 156 Fifth Avenue Suite 1223 New York, NY 10010 212-645-2410 Email: jerry.dunne@dunnelaw.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1999-03-12 1 0 Complaint filed. Case assigned to Judge: Ponsor. Receipt #: 303707 Amount:$ 150.00. LR 4.1, CFI (fmr) (Entered: 03/12/1999)
1999-03-25 2 0 Return of service executed as to Unique Industries with service on 3/16/99 filed. Answer due on 4/5/99 for Unique Industries (bah) (Entered: 03/25/1999)
1999-04-06 3 0 Notice of appearance of attorney for Unique Industries by C. Jeffrey Kinder filed. (fmr) (Entered: 04/06/1999)
1999-04-06 4 0 Answer by Unique Industries to complaint filed. (fmr) (Entered: 04/06/1999)
1999-04-13 5 0 Judge Michael A. Ponsor. Notice of Conference: Set Pretrial scheduling conf. for 2:00 P.M. on 5/17/99; cc/cl. . (mef) (Entered: 04/13/1999)
1999-04-14 6 0 Motion by Unique Industries for Gerard F. Dunne to appear pro hac vice; fee status: paid; fee amt: $50.00 Receipt #: 303737 filed. (fmr) (Entered: 04/14/1999)
1999-04-23 7 0 Motion by Unique Industries to continue scheduling conf. filed. (fmr) (Entered: 04/23/1999)
1999-04-26 8 0 Notice of appearance of attorney for Unique Industries by Gerard F. Dunne filed. (fmr) (Entered: 04/26/1999)
1999-05-12 9 0 Motion by Omniglow Corporation to continue scheduling conf. filed. (fmr) (Entered: 05/12/1999)
1999-06-09 10 0 Motion by Omniglow Corporation for Daniel M. Gantt to appear pro hac vice; fee status: paid; fee amt: $50.00; Receipt #: 303803 filed. (fmr) (Entered: 06/09/1999)
1999-06-14 11 0 Joint statement for scheduling conference filed. (fmr) (Entered: 06/14/1999)
1999-06-14 12 0 Rule 16.1 Certification filed by Omniglow Corporation. (fmr) (Entered: 06/14/1999)
1999-06-21 13 0 Notice of appearance of attorney for Omniglow Corporation by Daniel M. Gantt, filed. (jcs) (Entered: 06/21/1999)
1999-06-21 14 0 Certification of deft's counsel re: budget filed. (jcs) (Entered: 06/21/1999)
1999-06-22 15 0 Judge Michael A. Ponsor . Clerk's Notes: re: scheduling conference. Order to issued. Court Reporter: Moran (jcs) (Entered: 06/23/1999)
1999-06-24 16 0 Judge Michael A. Ponsor. Scheduling Order setting motions for joinder and for leve to file third party actions filed by 8/1/99; motions amending pleadings filed by 11/30/99; non-expert depos completed 12/31/99; expert reports due on 12/10/99, with responsive reports by 12/31/99; final pretrial conf. at 2:00 on 2/10/00 ENTERED, cc:cl. [EOD Date 6/24/99] (bah) (Entered: 06/24/1999)
1999-06-24 17 0 Judge Michael A. Ponsor. Procedural Order entered re: final pretrial conference set for 2:00 2/10/00, cc:cl. [EOD Date 6/24/99] (bah) (Entered: 06/24/1999)
1999-08-02 18 0 Motion by Unique Industries for leave to file third-party complaint filed. (fmr) (Entered: 08/02/1999)
1999-08-02 19 0 Memorandum by Unique Industries in support of [18-1] motion for leave to file third-party complaint filed. (fmr) (Entered: 08/02/1999)
1999-08-05 20 0 Motion by Omniglow Corporation to extend time to 8/20/99 to file response to motion to file third party complaint (assented to) filed. (jcs) (Entered: 08/05/1999)
1999-08-05 21 0 STIPULATION (Motion) by Omniglow Corporation, Unique Industries , for protective order , filed. (jcs) (Entered: 08/05/1999)
1999-08-20 22 0 Memorandum by Omniglow Corporation in opposition to [18-1] motion for leave to file third-party complaint , filed. (jcs) (Entered: 08/20/1999)
1999-11-29 23 0 Motion by Omniglow Corporation to compel production of docs. and to extend discovery filed. (fmr) (Entered: 11/29/1999)
1999-11-29 24 0 Memorandum by Omniglow Corporation in support of [23-1] motion to compel production, [23-2] motion to extend discovery filed. (fmr) (Entered: 11/29/1999)
1999-11-29 25 0 Affidavit of Daniel M. Gantt re: [23-1] motion to compel production, [23-2] motion to extend discovery filed. (fmr) (Entered: 11/29/1999)
1999-12-02 26 0 Judge Michael A. Ponsor. ORDER entered referring to Mag. Judge Kenneth P. Neiman [23-1] motion to compel production of docs., [23-2] motion to extend discovery. Purpose: determination . (fmr) (Entered: 12/02/1999)
1999-12-10 27 0 Memorandum by Unique Industries in opposition to [23-1] motion to compel production of docs., [23-2] motion to extend discovery , filed. (bah) (Entered: 12/10/1999)
1999-12-15 28 0 Judge Michael A. Ponsor. Notice of Hearing: Motion hearing set for 3:00 P.M. on 1/11/2000 for [23-1] motion to compel production of docs.; cc/cl. (mef) (Entered: 12/15/1999)
1999-12-27 29 0 Memorandum by Omniglow Corporation in opposition to [23-1] motion to compel production of docs., [23-2] motion to extend discovery filed. (fmr) (Entered: 12/27/1999)
1999-12-28 30 0 Motion by Unique Industries to continue motion hearing filed. (fmr) (Entered: 12/28/1999)
2000-01-18 31 0 Judge Michael A. Ponsor. Clerk's Notes re: motion hearing; order to issue; Court Reporter: Moran. (fmr) (Entered: 01/19/2000)
2000-01-19 32 0 Judge Michael A. Ponsor. Order entered granting [23-1] motion to compel production of docs. as set forth, reset discovery due for 4/30/00 , reset pretrial conference for 3:00 5/3/00 ; cc/cl. [EOD Date 1/19/00] (fmr) (Entered: 01/19/2000)
2000-01-19 33 0 Judge Michael A. Ponsor. Procedural Order entered re: Pretrial Conference set for 3:00 5/3/00; cc/cl. [EOD Date 1/19/00] (fmr) (Entered: 01/19/2000)
2000-03-24 34 0 Joint motion to extend time to 5/31/00 to complete depositions filed. (fmr) (Entered: 03/24/2000)
2000-04-27 35 0 Joint motion to extend time to complete depositions and to continue pretrial conf. filed. (fmr) (Entered: 04/27/2000)
2000-06-28 36 0 Motion by Omniglow Corporation, Unique Industries to amend [0-0] endorsed order re: completion of depositions and reset discovery due for 7/31/00 , filed. (sealed) (Entered: 06/28/2000)
2000-08-31 37 0 Joint Application/petition by the parties Omniglow Corporation, Unique Industries for: Further extension of time to complete depositions to 10/30/00 for non-expert and all expert by 11/30/00, filed. (mgl) (Entered: 08/31/2000)
2000-10-06 38 0 Motion by Omniglow Corporation to compel Unique to produce its witnesses for deposition , filed. (mgl) (Entered: 10/10/2000)
2000-10-06 39 0 Memorandum by Omniglow Corporation in support of [38-1] motion to compel Unique to produce its witnesses for deposition , filed. (mgl) (Entered: 10/10/2000)
2000-01-06 40 0 Affidavit of Omniglow Corporation of Daniel M. Gantt , re: [39-1] support memorandum, [38-1] motion to compel Unique to produce its witnesses for deposition , filed. (mgl) (Entered: 10/10/2000)
2000-10-20 41 0 Memorandum by Unique Industries in opposition to [38-1] motion to compel Unique to produce its witnesses for deposition, and cross-motion for protective order and cross motion to compel. filed. c/s (mgl) Modified on 11/07/2000 (Entered: 10/20/2000)
2000-11-07 42 0 Memorandum by Omniglow Corporation in opposition to [41-1] opposition memorandum, and Unique's cross-motion for protective order and motion to compel. filed. c/s (mgl) (Entered: 11/07/2000)
2000-11-07 43 0 Affidavit / Declaration of Donald K. Reedy for Omniglow Corporation , re: [42-1] opposition memorandum , filed. c/s (mgl) (Entered: 11/07/2000)
2000-11-07 44 0 Affidavit / Declaration of Mark P. Bender for Omniglow Corporation , re: [42-1] opposition memorandum , filed. c/s (mgl) (Entered: 11/07/2000)
2000-11-07 45 0 Affidavit / Declaration of Daniel M. Gantt , re: [42-1] opposition memorandum , filed. c/s (mgl) (Entered: 11/07/2000)
2000-12-13 46 0 Judge Michael A. Ponsor . Notice of Hearing/conference: reset pretrial conference for 4:00 1/25/01 . (laf) (Entered: 12/13/2000)
2001-01-25 47 0 Judge Michael A. Ponsor . Clerk's Notes: re: Status Conference Court Reporter: Hillary Winslow (laf) (Entered: 01/26/2001)
2001-01-26 48 0 Judge Michael A. Ponsor . Scheduling Order entered as follows: Dft's will supply updated sales records through 12/31/00, also the Pltf. will supplement its Discovery by 2/28/01, on or before 4/30/01, counsel will complete all fact depositions, on or before 5/15/01, counsel will make final supplemention of expert reports, and on or before 6/30/01 all expert depositions will be completed. Counsel will appear again for a final Pretrial conference on 2:00 pm on 6/26/01 . See sched. order for more details cc/cl [EOD Date 1/29/01] (mgl) (Entered: 01/29/2001)
2001-01-26 49 0 Judge Michael A. Ponsor . Procedural Order entered re: Pretrial/Trial; . [EOD Date 1/29/01] (mgl) (Entered: 01/29/2001)
2001-05-23 50 0 STIPULATION (Motion) by Unique Industries to cont. the Pretrial Conf. set for 6/26/2001 to 7/10/2001 filed. (mef) (Entered: 05/23/2001)
2001-06-11 51 0 Motion by Omniglow Corporation for Donald K. Reedy to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 304540 , filed. (mgl) (Entered: 06/14/2001)
2001-06-14 52 0 Declaration of Donald K. Reedy, re: [51-1] motion for Donald K. Reedy to appear pro hac vice fee status: paid fee amt: $50.00 Receipt #: 304540 , filed. (mgl) (Entered: 06/14/2001)
2001-06-21 53 0 Notice of appearance of attorney for Omniglow Corporation by Donald K. Reedy, filed. c/s (mgl) (Entered: 06/22/2001)
2001-06-21 54 0 Certificate of service by Donald Reedy for Omniglow Corporation re: [53-1] appear/appearance notice , filed. (mgl) (Entered: 06/22/2001)
2001-07-03 55 0 Pretrial Memorandum by Omniglow Corporation filed. (mef) (Entered: 07/03/2001)
2001-07-03 56 0 Pretrial Memorandum by Unique Industries filed. (mef) (Entered: 07/05/2001)
2001-07-10 57 0 Judge Michael A. Ponsor . Notice of Hearing/conference: reset pretrial conference for 3:00 8/15/01 before Judge Michael A. Ponsor . (laf) (Entered: 07/10/2001)
2001-08-15 58 0 Judge Michael A. Ponsor . Clerk's Notes: re: Pretrial Conf Court Reporter: Alice Moran (laf) (Entered: 08/15/2001)
2001-08-16 59 0 Judge Michael A. Ponsor . Further Scheduling Order entered as follows: Cross-motions fo S/J, motions brought under the Supreme Court's Markam decision, and Pltf's motion to amend will all due on 9/21/01 , Opposition to any motions due on 11/2/01 , Replies, if any due on 11/9/01 , Counsel will appear again before this court for argument on all pending motions on 11/15/01 at 3:00 PM. Also by 9/21/01 counsel for the dft. will confirm by letter to the court, copied to Pltf's counsel, Dft. final decision with regard to waiver of jury trial. cc/cl [EOD Date 8/16/01] (mgl) (Entered: 08/16/2001)
2001-09-19 60 0 Joint motion by Omniglow Corporation, Unique Industries to ext. time to 10/03/2001 to file cross-motions for S/J, motions brought under the Supreme Court's Markman decision and P's motion to amend filed. . (mef) (Entered: 09/19/2001)
2001-10-02 61 0 Assented to Motion by Unique Industries to extend time to 10/8/01 to file summary judgment and Markman motions , filed. c/s (mgl) Modified on 10/03/2001 (Entered: 10/03/2001)
2001-10-03 62 0 Consented to Motion by Omniglow Corporation for leave to serve and file amended complaint , filed. c/s (mgl) (Entered: 10/03/2001)
2001-10-03 63 0 First Amended complaint by Omniglow Corporation filed. (Answer due 10/13/01 for Unique Industries ) . Amended complaint amends [1-1] complaint. (mef) (Entered: 10/03/2001)
2001-10-05 64 0 Motion by Omniglow Corporation for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. c/s (mgl) (Entered: 10/05/2001)
2001-10-05 65 0 Memorandum by Omniglow Corporation in support of [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. c/s (mgl) (Entered: 10/05/2001)
2001-10-05 66 0 Declaration of Donald K. Reedy , re: [65-1] support memorandum, [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. c/s (mgl) (Entered: 10/05/2001)
2001-10-05 67 0 Certificate of service by Omniglow Corporation re: [66-1] affidavit, [65-1] support memorandum, [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. (mgl) (Entered: 10/05/2001)
2001-10-05 68 0 Motion by Omniglow Corporation for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112 , filed. c/s (mgl) (Entered: 10/05/2001)
2001-10-05 69 0 Memorandum by Omniglow Corporation in support of [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112 , filed. c/s (mgl) (Entered: 10/05/2001)
2001-10-05 70 0 Declaration of Donald K. Reedy , re: [69-1] support memorandum, [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112 , filed. c/s (mgl) (Entered: 10/05/2001)
2001-10-05 71 0 Certificate of service by Omniglow Corporation re: [70-1] affidavit, [69-1] support memorandum, [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112 , filed. (mgl) (Entered: 10/05/2001)
2001-10-09 72 0 Letter by Unique Industries by Gerard F. Dunne dated: 10/6/01 to: Judge Ponsor re: Dft. Joined Ptf. in waiving trial by jury filed. (mgl) (Entered: 10/09/2001)
2001-10-09 73 0 Motion by Unique Industries to amend [56-1] pretrial memorandum submitted on behalf of the dft's , filed. (mgl) (Entered: 10/09/2001)
2001-10-09 74 0 Motion by Unique Industries for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 75 0 Motion and memorandum of law in support by Unique Industries motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 76 0 Motion by Unique Industries for summary judgment precluding any award of damages beyond reasonable royalty and memorandum in support , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 77 0 Motion by Unique Industries for summary judgment of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 78 0 Motion by Unique Industries for summary judgment of non-infringement of United States Patent No. 5,122,306 ("306 patent in suit") and supporting memorandum , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 79 0 Affidavit of Unique Industries of Gerard F. Dunne , re: [78-1] motion for summary judgment of non-infringement of United States Patent No. 5,122,306 ("306 patent in suit") and supporting memorandum, [77-1] motion for summary judgment of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support, [76-1] motion for summary judgment precluding any award of damages beyond reasonable royalty and memorandum in support, [75-1] motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine, [74-1] motion for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum, [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's , filed. (mgl) (Entered: 10/09/2001)
2001-10-09 80 0 Affidavit of Shiro Harada, Unique Industries , re: [78-1] motion for summary judgment of non-infringement of United States No. 5,122,306 ("306 patent in suit") and supporting memorandum, [77-1] motion for summary judgment of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support, [76-1] motion for summary judgment precluding any award of damages beyond reasonable royalty and memorandum in support, [75-1] motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine, [74-1] motion for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum, [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 81 0 Affidavit of Craig Novak Unique Industries, re: [78-1] motion for summary judgment of non-infringement of United States No. 5,122,306 ("306 patent in suit") and supporting memorandum, [77-1] motion for summary judgment of of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support, [76-1] motion for summary judgment precluding any award of damages beyond reasonable royalty and memorandum in support, [75-1] motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine, [74-1] motion for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum, [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-09 82 0 Affidavit of On Ning, for Unique Industries , re: [79-1] affidavit, [78-1] motion for summary judgment of non-infringement of United States Patent No. 5,122,306 ("306 patent in suit") and supporting memorandum, [77-1] motion for summary judgment of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support, [76-1] motion for summary judgment precluding any award of damages beyond reasonable royalty and memorandum support, [75-1] motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine, [74-1] motion for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum, [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's , filed. c/s (mgl) (Entered: 10/09/2001)
2001-10-12 83 0 Letter by Omniglow Corporation by Donald K. Reedy dated 10/10/01 to Judge Michael A. Ponsor re: motion to enlarge time, filed. (bah) (Entered: 10/12/2001)
2001-10-16 84 0 Original Affidavit by Unique Industries of On Ning in support of [78-1] motion for summary judgment of non-infringement of United States Patent No. 5,122,306 ("306 patent in suit") and supporting memorandum, [77-1] motion for summary judgment of of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support , filed. (mef) (Entered: 10/16/2001)
2001-10-23 85 0 Motion by Omniglow Corporation to extend time to 11/2/01 to file its opposition to dft's motion to amend pretial memo , filed. c/s (mgl) (Entered: 10/23/2001)
2001-11-01 86 0 Judge Michael A. Ponsor . Notice of Hearing/conference: Motion hearing before Judge Michael A. Ponsor set for 2:00 11/29/01 for [78-1] motion for summary judgment of non-infringement of United States Patent No. 5,122,306 ("306 patent in suit") and supporting memorandum, [77-1] motion for summary judgment of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support, [76-1] motion for summary judgment precluding any award of damages beyond reasonable royalty and memorandum in support, [75-1] motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine, [74-1] motion for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum, [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's, [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112, [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful . (laf) (Entered: 11/01/2001)
2001-11-02 87 0 Response by Omniglow Corporation in opposition to [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 88 0 Response by Omniglow Corporation in opposition to [76-1] motion for summary judgment precluding any award of damages beyond reasonable royalty and memorandum in support , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 89 0 Response by Omniglow Corporation in opposition to [75-1] motion for summary judgment precluding damages for any infringement resulting from the use of chemicals purchased from Jame Fine , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 90 0 Response by Omniglow Corporation in opposition to [74-1] motion for summary judgment concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 91 0 Response by Omniglow Corporation in opposition to [78-1] motion for summary judgment of non-infringement of United States Patent No. 5,122,306 ("306 patent in suit") and supporting memorandum , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 92 0 Response by Omniglow Corporation in opposition to [77-1] motion for summary judgment of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 93 0 Opposition Affidavit of Donald K. Reedy , re: , filed under seal. (jcs) (Entered: 11/02/2001)
2001-11-02 94 0 Affidavit of Dr. Radi Awartani , re: , filed. (jcs) (Entered: 11/02/2001)
2001-11-02 95 0 Memorandum by Unique Industries in opposition to [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112 , filed. (mef) (Entered: 11/05/2001)
2001-11-02 96 0 Memorandum by Unique Industries in opposition to [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. (mef) (Entered: 11/05/2001)
2001-11-02 97 0 D's Affidavit of Scott Brown in opp. to [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 103 and/or 112, [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. (mef) (Entered: 11/05/2001)
2001-11-02 98 0 D's Affidavit of On Ning in opp. to [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 103 and/or 112, [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. (mef) (Entered: 11/05/2001)
2001-11-02 99 0 D's Affidavit of Craig Novak in opp. to [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 103 and/or 112, [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. (mef) (Entered: 11/05/2001)
2001-11-02 100 0 D's Affidavit of Gerard F. Dunne in opp. to [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112, [64-1] motion for summary judgment that any infringement of the patent in by unique has been willful , filed. (mef) (Entered: 11/05/2001)
2001-11-08 101 0 Answer by Unique Industries to first amended complaint, filed. c/s (mgl) (Entered: 11/08/2001)
2001-11-08 102 0 STIPULATION (Motion) by Unique Industries , to seal/impound Exhibit G to Gerard Dunne's Affidavit in support of D's motion for S/J filed. (mef) (Entered: 11/09/2001)
2001-11-08 103 0 STIPULATION (Motion) by Unique Industries to ext. time to 11/14/2001 to file reply to P's opp. to their motion for S/J filed. (mef) (Entered: 11/09/2001)
2001-11-14 104 0 Reply by Omniglow Corporation to resp. to [68-1] motion for partial summary judgment that U.S. Patent 5,122,306 is not invalid for failure to comply with any of 35 U.S.C. 101,102, 103 and/or 112 , filed. (mef) (Entered: 11/14/2001)
2001-11-14 105 0 Reply by Omniglow Corporation to resp. to [64-1] motion for partial summary judgment that any infringement of the patent in suit by unique has been willful , filed. (mef) (Entered: 11/14/2001)
2001-11-14 106 0 Reply by Unique Industries to resp. to [76-1] motion for S/J precluding any award of damages beyond reasonable royalty and memorandum in support , filed. (mef) (Entered: 11/15/2001)
2001-11-14 107 0 Reply by Unique Industries to resp. to [75-1] motion for S/J precluding damages for any infringement resulting from the use of chemicals purchased from Jame , filed. (mef) (Entered: 11/15/2001)
2001-11-14 108 0 Reply by Unique Industries to resp. to [77-1] motion for S/J of invalidity of Omniglow United States Patent No. 5,122,306 Under 102 of the patent statute and memorandum in support filed. (mef) (Entered: 11/15/2001)
2001-11-14 109 0 Reply by Unique Industries to resp. to [74-1] motion for S/J concerning the application of the doctrine of equivalents to United States Patent no. 4,717,511 and memorandum filed. (mef) (Entered: 11/15/2001)
2001-11-15 110 0 Response by Omniglow Corporation in opposition to [103-1] stipulation motion to ext. time to 11/14/2001 to file reply to P's opp. to their motion for S/J , filed. c/s (mgl) (Entered: 11/15/2001)
2001-11-15 111 0 Reply by Unique Industries to resp. to [73-1] motion to amend [56-1] pretrial memorandum submitted on behalf of the dft's filed. (sealed) (Entered: 11/15/2001)
2001-11-15 112 0 Reply by Unique Industries to resp. to [78-1] motion for S/J of non-infringement of United States No. 5,122,306 ("306 patent in suit") and supporting memorandum , filed. (sealed) (Entered: 11/15/2001)
2001-11-15 113 0 Affidavit by Unique Industries of Gerard F. Dunne in reply to [89-1] opposition resp. to their motion for S/J precluding damages for any infringement resulting from the use of chemicals purchased fro Jame Fine Chemicals, Inc. filed. (sealed) (Entered: 11/15/2001)
2001-11-15 114 0 D's Affidavit of Gerard F. Dunne re: Japanese Proceedings filed. (sealed) (Entered: 11/15/2001)
2001-11-15 115 0 D's Affidavit of Gerard F. Dunne in resp. to [88-1] opposition resp. to their motion for S/J re: award of damages beyond reasonable royalty FILED UNDER SEAL. (sealed) (Entered: 11/15/2001)
2001-11-13 116 0 Motion by Unique Industries to extend time to 11/16/01 to File reply to SJ Oppo , filed. (laf) (Entered: 11/15/2001)
2001-11-29 117 0 Judge Michael A. Ponsor . Clerk's Notes: re: Motion hearing Court Reporter: Alice Moran (laf) (Entered: 11/29/2001)
2001-12-04 118 0 Judge Michael A. Ponsor. Further Scheduling Order entered. Counsel will have rulings on the motions for S/J by 1/15/2002. Set motions in limine filing deadline for 2/15/2002. , Resp. to motions due 3/04/2002. Set Bench Trial for 9:30 A.M. on 3/25/2002 before Judge Michael A. Ponsor. The trial will cont. until 1:00 P.M. the first day, and from 9:00 A.M. - 1:00 P.M. thereafter. It is the Court's custom, in non-jury cases, to render its decision whenever possible immediately upon conclusion of the evidence. Counsel should therefore appear at trial prepared to submit proposed findings of fact and conclusions of law, subject to modification as the evidence dictates; cc/cl. [EOD Date 12/4/01] (mef) (Entered: 12/04/2001)
2002-02-11 119 0 Judge Michael A. Ponsor . Order entered as follows for the reasons stated in the accompanying memorandum, dft's motion to amend [Dkt.# 73-1] is hereby ALLOWED. Ptf's motion for partial S/J that U.S. Patent '306 is not Invalid [Dkt.# 68-1] is ALLOWED, in part, as to 35 U.S.C. ss 101, 103 and 112, and Dft's motion for S/J concerning application of the Doctrine of Equivalents to U.S. Patent '511 [Dkt.# 74-1] is also ALLOWED. All other motions for summary judgment (Dkt. # 64,75,76,77 & 78) are DENIED. . [EOD Date 2/11/02] cc/cl (mgl) (Entered: 02/11/2002)
2002-02-11 120 0 Judge Michael A. Ponsor . Memorandum and Order entered. regarding ptf's motions for partial S/J, dft's motion to amend, and dft's motions for partial S/J (Dkt.#'s 64,68, and 73-78) see memo for details. [EOD Date 2/11/02] cc/cl (mgl) (Entered: 02/11/2002)
2002-02-13 121 0 Motion by Unique Industries to ext. time to 2/22/2002 to file motions in limine. , filed. (mef) (Entered: 02/13/2002)
2002-02-14 122 0 Motion in letter form by: D. Gant dated: 2/13/02 on behalf of Omniglow Corporation to extend time to 2/22/02 to File motion in limine , filed. Fax copy (laf) (Entered: 02/14/2002)
2002-02-15 123 0 Letter by Omniglow Corporation by Daniel M. Gantt dated: 2/13/02 to: Judge Ponsor re:Assent to defs request for extension of time to file Motion in limine filed. (laf) (Entered: 02/15/2002)
2002-02-15 124 0 Motion by Omniglow Corporation to amend [119-1] order to certify for immediate appeal the appl. of prosecution history estoppel to prevent P's claim of infringement under the doctrine of equivalents and for an order staying all proceedings pending action by the Court of Appeals for the Federal Circuit , filed. (bah) (Entered: 02/15/2002)
2002-02-15 125 0 Memorandum by Omniglow Corporation in support of [124-1] motion to amend [119-1] order to certify for immediate appeal the appl. of prosecution history estoppel to prevent P's claim of infringement under the doctrine of equivalents, and for an order staying all proceedings pending action by the Court of Appeals for the Federal Circuit, filed. (bah) (Entered: 02/15/2002)
2002-02-20 126 0 Consent of Unique Industries to Omniglow's motion to stay and certify for immediate appeal. c/s (mgl) (Entered: 02/20/2002)
2002-02-25 127 0 Judge Michael A. Ponsor . Memorandum and Order entered. GRANTING D's motion to amend [119-1] order to certify for immediate appeal the appl. of prosecution history estoppel to prevent P's claim of infringement under the doctrine of equivalents - [124-1] and motion for an order staying all proceedings pending action by the Court of Appeals for the Federal Circuit - [124-2]; cc/cl. [EOD Date 2/25/02] (mef) Modified on 02/28/2002 (Entered: 02/25/2002)
2002-03-20 128 0 Notice of docketing by The United States Court of Appeals for the Federal Circuit Re: A petition for permission to appeal. Misc No. 698 has been assigned. filed. (jr) (Entered: 03/20/2002)
2002-03-28 129 0 Transcript of proceedings for held on proceeding date: 11/29/01 before Judge: Ponsor. Court Reporter: Alice Moran (mgl) (Entered: 03/28/2002)
2002-05-07 130 0 Order of the US Court of Appeals for the Federal Circuit entered DENYING the Pltf/Petitioner's petition for permission to appeal an interlocutory order. (mef) (Entered: 09/04/2002)
2002-09-04 131 0 Judge Michael A. Ponsor . Notice of Hearing/conference: set status conference for 3:00 10/22/02 before Judge Michael A. Ponsor . (laf) (Entered: 09/04/2002)
2002-10-23 133 0 Judge Michael A. Ponsor . Notice of Hearing/conference: reset status conference for 2:00 11/25/02 before Judge Michael A. Ponsor . (laf) (Entered: 10/23/2002)
2002-11-20 134 0 Motion by Omniglow Corporation for reconsideration of [119-1] Memorandum and Order re: precluding Omniglow's claim of infringement of U.S. patent 4,717,511 under the doctrine of equivalents filed. (mef) (Entered: 11/20/2002)
2002-11-20 135 0 Memorandum by Omniglow Corporation in support of [134-1] motion for reconsideration of [119-1] Memorandum and Order re: precluding Omniglow's claim of infringement of U.S. patent 4,717,511 under the doctrine of equivalents , filed. (mef) (Entered: 11/20/2002)
2002-11-20 136 0 P's Affidavit of Donald K. Reedy , re: [134-1] motion for reconsideration of [119-1] Memorandum Order re: precluding Omniglow's claim of infringement of U.S. patent 4,717,511 under the doctrine of equivalents , filed. (mef) (Entered: 11/20/2002)
2002-11-25 137 0 Judge Michael A. Ponsor . Clerk's Notes: re: status Conf Court Reporter: A Moran (laf) (Entered: 11/25/2002)
2002-11-26 138 0 Judge Michael A. Ponsor . Further Scheduling Order entered, the parties principals will appear before this court for a mediation on 1/27/03 at 11:00 a.m. before Judge Michael A. Ponsor Ptf's motion for reconsideration [134-1] without prejudice, pending completion of efforts at a mediation resolution. [EOD Date 11/26/02] cc/cl (mgl) (Entered: 11/26/2002)
2003-01-21 139 0 Status Report re: Mediation by Omniglow Corporation , filed. (mef) (Entered: 01/21/2003)
2003-01-21 140 0 SEALED Exhibit A by Omniglow Corporation [139-1] status report FILED UNDER SEAL. (mef) (Entered: 01/21/2003)
2003-01-21 141 0 Status Report re: Mediation by Unique Industries , filed. (mef) (Entered: 01/21/2003)
2003-01-27 142 0 Judge Michael A. Ponsor . Clerk's Notes: re: mediation Court Reporter: A. Moran (laf) (Entered: 01/29/2003)
2003-02-07 143 0 Motion by Omniglow Corporation to vacate [120-1] memorandum order, [119-1] order , filed. c/s (mgl) (Entered: 02/10/2003)
2003-03-17 144 0 Judge Michael A. Ponsor. Sixty Day (60) Settlement Order of Dismissal entered by the Court; cc/cl. [EOD Date 3/17/03] (mef) (Entered: 03/17/2003)
2013-07-08 145 0 Judge Michael A. Ponsor: ORDER pursuant to Local Rule 7.2, re impounded documents in the Court's custody.(Lizotte, James) (Entered: 07/08/2013)