Case details

Court: med
Docket #: 2:08-cv-00172
Case Name: UNITED FABRICANTS STRAINRITE CORPORATION v. FILTER TECHNOLOGY INC
PACER case #: 36346
Date filed: 2008-05-30
Date terminated: 2009-07-15
Assigned to: JUDGE D. BROCK HORNBY
Referred to: MAGISTRATE JUDGE JOHN H. RICH III
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
UNITED FABRICANTS STRAINRITE CORPORATION
Plaintiff
doing business asSTRAINRITE COMPANIES
MICHAEL J. SULLIVAN
PIERCE ATWOOD LLP ONE MONUMENT SQUARE PORTLAND, ME 04101 207-791-1134 Email: msullivan@pierceatwood.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT H. STIER
PIERCE ATWOOD LLP ONE MONUMENT SQUARE PORTLAND, ME 04101 791-1100 Email: rstier@pierceatwood.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

FILTER TECHNOLOGY INC
Defendant
HOWARD B. ROCKMAN
LAW OFFICE OF HOWARD B. ROCKMAN P.C. 1 S 376 SUMMIT AVE COURT C OAKBROOK TERRACE, IL 60181-3963 630-627-4552 Email: rockmanhb@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT E. MITTEL
MITTEL ASEN LLC 85 EXCHANGE STREET P. O. BOX 427 PORTLAND, ME 04112 775-3101 Email: rmittel@mittelasen.com
ATTORNEY TO BE NOTICED

FILTER TECHNOLOGY INC
Counter Claimant
HOWARD B. ROCKMAN
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT E. MITTEL
(See above for address)
ATTORNEY TO BE NOTICED

UNITED FABRICANTS STRAINRITE CORPORATION
Counter Defendant
MICHAEL J. SULLIVAN
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT H. STIER
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-05-30 1 0 COMPLAINT against FILTER TECHNOLOGY INC with Jury Demand IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by UNITED FABRICANTS STRAINRITE CORPORATION. (Service of Process Deadline 9/29/2008) (Attachments: # 1 Exhibit A United States Patent)(bfa) (Entered: 05/30/2008) 2010-11-16 14:32:06 7892e365657efde6ca3ac77327e73f784c82f6da
2008-05-30 2 0 CORPORATE DISCLOSURE STATEMENT by UNITED FABRICANTS STRAINRITE CORPORATION. (bfa) (Entered: 05/30/2008)
2008-05-30 3 0 CIVIL COVER SHEET. (bfa) (Entered: 05/30/2008)
2008-05-30 4 0 AO FORM 120: REPORT on the Filing or Determination of an Action Regarding a Patent or Trademark (bfa) (Entered: 05/30/2008)
2008-09-30 5 0 ORDER TO SHOW CAUSE. Show Cause Response due by 10/20/2008. By DEPUTY CLERK: Lindsey Caron(lrc) No action necessary on the Order to Show Cause, the extension is granted at docket entry #10. Modified on 10/14/2008 to add text 'no action necessary on the Order to Show Cause, the extension is granted at docket entry #10. (lnd) (Entered: 09/30/2008)
2008-10-02 6 0 Summons Issued as to FILTER TECHNOLOGY INC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (lrc) (Entered: 10/02/2008)
2008-10-10 7 0 RESPONSE TO 5 ORDER TO SHOW CAUSE filed by UNITED FABRICANTS STRAINRITE CORPORATION. (SULLIVAN, MICHAEL) (Entered: 10/10/2008)
2008-10-10 8 0 AFFIDAVIT of Michael J. Sullivan re 7 Response to Order to Show Cause filed by UNITED FABRICANTS STRAINRITE CORPORATION. (Attachments: # 1 Exhibit A - Sullivan ltr of 5/30/08, # 2 Exhibit B - Rockman ltr of 6/6/08, # 3 Exhibit C - e-mail string June, 2008, # 4 Exhibit D - MJS ltr of 7/25/08, # 5 Exhibit E - email of 7/28/08, # 6 Exhibit F - e-mail of 7/25/08, # 7 Exhibit G - email 9-25/30-08)(SULLIVAN, MICHAEL) (Entered: 10/10/2008)
2008-10-10 9 0 MOTION to Extend Time Service of Process Deadline to 10/03/08 (No PDF document is attached. To view PDF document see pleading no. 7) by UNITED FABRICANTS STRAINRITE CORPORATION (lnd) (Entered: 10/14/2008)
2008-10-14 10 0 ORDER granting 9 Motion to Extend Time. By JUDGE D. BROCK HORNBY. (lnd) (Entered: 10/14/2008)
2008-10-15 11 0 AFFIDAVIT of Service by UNITED FABRICANTS STRAINRITE CORPORATION. FILTER TECHNOLOGY INC served on 10/3/2008. (SULLIVAN, MICHAEL) (Entered: 10/15/2008)
2008-10-22 12 0 Unopposed MOTION to Extend Time to File Answer re 1 Complaint,, by UNITED FABRICANTS STRAINRITE CORPORATIONResponses due by 11/12/2008. (SULLIVAN, MICHAEL) (Entered: 10/22/2008)
2008-10-23 13 0 ORDER granting without objection 12 Motion for Extension of Time to Answer. The defendant shall answer or otherwise plead to the plaintiff's complaint by November 24, 2008. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/23/2008)
2008-11-24 14 0 ANSWER to 1 Complaint,, by FILTER TECHNOLOGY INC.(MITTEL, ROBERT) (Entered: 11/24/2008)
2008-11-24 15 0 CORPORATE DISCLOSURE STATEMENT by FILTER TECHNOLOGY INC. (MITTEL, ROBERT) (Entered: 11/24/2008)
2008-11-24 16 0 SCHEDULING ORDER: Discovery due by 4/27/2009. Motions due by 5/18/2009. Ready for Trial on 8/31/2009. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) (Entered: 11/25/2008)
2008-12-15 17 0 Joint MOTION to Amend Scheduling Order by UNITED FABRICANTS STRAINRITE CORPORATION Responses due by 1/5/2009. (Attachments: # 1 Exhibit Proposed Amended Scheduling Order)(SULLIVAN, MICHAEL) (Entered: 12/15/2008)
2008-12-16 18 0 NOTICE OF PRO HAC VICE of Howard B. Rockman by FILTER TECHNOLOGY INC (Attachments: # 1 Affidavit Certificate of Howard B. Rockman)(MITTEL, ROBERT) Modified on 12/18/2008 to reflect this is a Notice of Pro Hac Vice Certificate and not a Motion for Pro Hac Vice (mjlt). (Entered: 12/16/2008)
2008-12-17 19 0 ORDER granting without objection 17 Motion to Amend Scheduling Order. An Amended Scheduling Order shall issue. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 12/17/2008)
2008-12-17 20 0 AMENDED SCHEDULING ORDER: Discovery due by 5/13/2009. Motions due by 5/18/2009. Ready for Trial on 8/31/2009. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 12/17/2008)
2009-02-05 21 0 First MOTION for Leave to File Counterclaim by FILTER TECHNOLOGY INC Responses due by 2/26/2009. (Attachments: # 1 Exhibit, # 2 Exhibit to Counterclaim)(MITTEL, ROBERT) (Entered: 02/05/2009)
2009-02-10 22 0 ORDER granting without objection 21 Motion for Leave to File counterclaim. The defendant is directed to file its counterclaim as a separate document on the court's docket forthwith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/10/2009)
2009-02-12 23 0 First COUNTERCLAIM against UNITED FABRICANTS STRAINRITE CORPORATION, filed by FILTER TECHNOLOGY INC. (Attachments: # 1 Exhibit)(MITTEL, ROBERT) (Entered: 02/12/2009)
2009-02-13 24 0 Unopposed MOTION for Protective Order by UNITED FABRICANTS STRAINRITE CORPORATION Responses due by 3/6/2009. (Attachments: # 1 Exhibit Consented to Confidentiality Order, # 2 Exhibit Redline of Form Confidentiality Order)(SULLIVAN, MICHAEL) (Entered: 02/13/2009)
2009-02-17 25 0 CONSENTED TO CONFIDENTIALITY ORDER re: granting 24 Motion for Protective Order By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 02/18/2009)
2009-02-25 26 0 Joint MOTION to Amend Scheduling Order by UNITED FABRICANTS STRAINRITE CORPORATION Responses due by 3/18/2009. (Attachments: # 1 Exhibit Proposed First Amended Scheduling Order)(SULLIVAN, MICHAEL) (Entered: 02/25/2009)
2009-02-26 27 0 Reply to 23 Counterclaim by UNITED FABRICANTS STRAINRITE CORPORATION.(SULLIVAN, MICHAEL) (Entered: 02/26/2009)
2009-02-27 28 0 ORDER granting without objection 26 Motion to Amend Scheduling Order. The deadline for filing opening claim construction briefs is extended by two weeks to March 13, 2009, and the deadline for filing opposing claim construction briefs is similarly extended to April 3, 2009. All other deadlines in the court's amended scheduling order (Docket No. 20) shall remain in effect. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/27/2009)
2009-03-12 29 0 CLAIM CONSTRUCTION MEMORANDUM by FILTER TECHNOLOGY INC in support of 14 Answer(Attachments: # 1 Exhibit Patent, # 2 Exhibit B Part 1, # 3 FILED IN ERROR - Exhibit Prosecution History Part 2 (Amended Exhibit filed, see #31), # 4 Exhibit Prosecution History Part 3, # 5 Exhibit Prosecution History Part 4)(MITTEL, ROBERT) Modified on 3/12/2009 to reflect this document is in support of the Answer, not Complaint as previously docketed and to remove extra exhibit text(lrc). Modified on 4/3/2009 to add text to indicate that the Exhibit Prosecution History Part 2 has been amended, see #31 (mnw). Modified on 4/6/2009 to clean up docket text (mnw). (Entered: 03/12/2009)
2009-03-13 30 0 BRIEF Regarding Claim Construction by UNITED FABRICANTS STRAINRITE CORPORATION. (Attachments: # 1 Exhibit '826 Patent File History)(SULLIVAN, MICHAEL) (Entered: 03/13/2009)
2009-04-02 31 0 ADDITIONAL ATTACHMENTS filed by FILTER TECHNOLOGY INC re 29 Memorandum re Claim Construction. Main Document: Amended Exhibit Prosecution History Part 2. (MITTEL, ROBERT) Modified on 4/3/2009 to clean up docket entry text (mnw). (Entered: 04/02/2009)
2009-04-03 32 0 DEFENDANTS RESPONSE TO PLAINTIFF'S OPENING BRIEF ON CLAIM CONSTRUCTION filed by FILTER TECHNOLOGY INC (MITTEL, ROBERT) Modified on 4/6/2009 to clean up docket entry text (mnw). (Entered: 04/03/2009)
2009-04-03 33 0 PLAINTIFFS' CLAIM CONSTRUCTION REPLY BRIEF filed by UNITED FABRICANTS STRAINRITE CORPORATION. (SULLIVAN, MICHAEL) Modified on 4/6/2009 to clean up docket text (mnw). (Entered: 04/03/2009)
2009-04-08 34 0 NOTICE OF HEARING: Markman Hearing on Claim Construction set for 5/27/2009 at 1:00 PM in Courtroom 2 before JUDGE D. BROCK HORNBY. (mnw) (Entered: 04/08/2009)
2009-05-18 35 0 Joint MOTION to Amend Scheduling Order by UNITED FABRICANTS STRAINRITE CORPORATION Responses due by 6/8/2009. (Attachments: # 1 Text of Proposed Order Attachment A)(SULLIVAN, MICHAEL) (Entered: 05/18/2009)
2009-05-20 36 0 NOTICE of Hearing: Telephone Conference set for 5/21/2009 03:00 PM in Magistrate Judge Rich's Chambers before MAGISTRATE JUDGE JOHN H. RICH III. Attorney Sullivan to initiate call.(kic) (Entered: 05/20/2009)
2009-05-21 37 0 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Telephone Conference held with appearances by Michael Sullivan, Esq., for the plaintiff, and Howard Rockman, Esq., for the defendant. After discussion, the parties agreed that Mr. Sullivan will submit to the court a revised, proposed Second Amended Scheduling Order, which will clarify that the existing May 13 discovery deadline applies to non-expert discovery and that the new, jointly-proposed dispositive/Daubert/Kumho motions deadline 45 days after the court's ruling on claim construction will also be the deadline for any expert discovery. (Court Reporter none) (RICH III, JOHN) (Entered: 05/21/2009)
2009-05-22 38 0 ORDER on 35 Motion to Amend Scheduling Order By MAGISTRATE JUDGE JOHN H. RICH III. Amended Scheduling Order to issue. (cef) (Entered: 05/22/2009)
2009-05-22 39 0 AMENDED SCHEDULING ORDER: Motions Due 45 days after the Court's ruling on claim construction. Ready for Trial on 8/31/2009. By MAGISTRATE JUDGE JOHN H. RICH III. (cef) (Entered: 05/22/2009)
2009-05-27 40 0 Minute Entry for proceedings held before JUDGE D. BROCK HORNBY: Markman Hearing held on 5/27/2009. (Court Reporter FTR) (kic) (Entered: 05/27/2009)
2009-06-01 41 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Markman Hearing held on 5/27/09 before Judge D. Brock Hornby. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/31/2009. (DUNBAR, LORI) (Entered: 06/01/2009)
2009-06-03 42 0 NOTICE of Settlement by Plaintiff's Attorney by telephone and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on June 3, 2009 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41.1(a). Stipulation of Dismissal due by 7/3/2009. By DEPUTY CLERK: Michelle Thibodeau. (mjlt) (Entered: 06/03/2009)
2009-07-02 43 0 Joint MOTION to Extend Time to July 17, 2009 to File Stipulation of Dismissal by UNITED FABRICANTS STRAINRITE CORPORATION Responses due by 7/23/2009. (SULLIVAN, MICHAEL) (Entered: 07/02/2009)
2009-07-02 44 0 ORDER granting 43 Motion to Extend Time to File Stipulation of Dismissal. By DEPUTY CLERK:Kate Irish Collins. (kic) (Entered: 07/06/2009)
2009-07-15 45 0 STIPULATION of Dismissal by UNITED FABRICANTS STRAINRITE CORPORATION. (SULLIVAN, MICHAEL) (Entered: 07/15/2009)
2009-07-15 46 0 AO FORM 120: REPORT on the Filing or Determination of an Action Regarding a Patent or Trademark (mnw) (Entered: 07/15/2009)