| Court: | ndd |
| Docket #: | 3:04-cv-00018 |
| Case Name: | Modern Products v. Northern Pipe |
| PACER case #: | 9142 |
| Date filed: | 2004-03-10 |
| Date terminated: | 2008-09-03 |
| Assigned to: | Chief Judge Ralph R. Erickson |
| Referred to: | Magistrate Judge Karen K. Klein |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Modern Products Industries, Inc. Plaintiff |
Leo F. J. Wilking John C. Cave |
| Northern Pipe Products Defendant |
Todd E. Zimmerman |
| Northern Pipe Products Counter Claimant |
Todd E. Zimmerman |
| Modern Products Industries, Inc. Counter Defendant |
John C. Cave Leo F. J. Wilking Ted D. Lee |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2004-03-10 | 1 | 0 | COMPLAINT (Summons(es) issued); jury demand (lc) (Entered: 03/11/2004) | |||
| 2004-03-10 | 2 | 0 | RECEIPT #10139 for $150 filing fee (lc) (Entered: 03/11/2004) | |||
| 2004-03-11 | 3 | 0 | REPORT on the filing or determination of an action re Patent Infringement (cc: Copy 1 of form mailed to register) (lc) (Entered: 03/11/2004) | |||
| 2004-03-15 | 4 | 0 | RETURN OF SERVICE by defendant of Summons and Complaint on March 11, 2004 on dft. (jlo) (Entered: 03/15/2004) | |||
| 2004-04-01 | 5 | 0 | ANSWER to complaint [1-1] and COUNTERCLAIM by defendant against plaintiff (jlo) (Entered: 04/01/2004) | |||
| 2004-04-05 | 6 | 0 | ORDER FOR RULE 26(f) PLANNING MEETING & RULE 16(b) SCHEDULING CONFERENCE by Hon. Karen K. Klein: Scheduling conference set for Mon., 5/3/04 at 9:30am in Fargo before Judge Klein in Room 440. (cc: all counsel) (lc) (Entered: 04/05/2004) | |||
| 2004-04-27 | 7 | 0 | MOTION & APPLICATIONS(2) by plaintiff & counter-defendant Modern Products for attorneys John C. Cave & Ted D. Lee to appear pro hac vice (ak) (Entered: 04/27/2004) | |||
| 2004-04-27 | 8 | 0 | RECEIPT #10296 - $60 PHV Fees for attorneys Cave and Lee (ak) (Entered: 04/27/2004) | |||
| 2004-04-27 | 9 | 0 | ORDER by Hon. Karen K. Klein granting motion for attorney John C. Cave to appear pro hac vice [7-1] as Attorney for plaintiff & counter-defendant Modern Products . (cc 04/28: all counsel. Atty Wilking's Office also called) (ak) (Entered: 04/28/2004) | |||
| 2004-04-27 | 10 | 0 | ORDER by Hon. Karen K. Klein granting motion for attorney Ted D. Lee to appear pro hac vice [7-1] for plaintiff & counter-defendant Modern Products (cc 04/28: all counsel. Atty Wilking's Office also called) (ak) (Entered: 04/28/2004) | |||
| 2004-05-03 | 11 | 0 | CLERK'S MINUTES: of Rule 16(b)Conf. before Hon. Karen K. Klein ; Scheduling conference held; court approves plan; (jlo) (Entered: 05/07/2004) | |||
| 2004-05-03 | 12 | 0 | SCHEDULING ORDER Hon. Karen K. Klein ; Discovery set for 11/29/04 ; dispositive motions due by 3/25/05 ; Motion to amend pleadings ddl 9/10/04 ; Expert report due 1/12/05 ; Expert witness ddl 10/15/04 ; Motion to join additional parties ddl 8/13/04; JT est. 3-4 days; w/ORDER endorsed thereon approving plan; (jlo) (Entered: 05/07/2004) | |||
| 2004-05-03 | 13 | 0 | Order approving Report of Rule 26(f) meeting by Hon. Karen K. Klein (cc: all counsel) (jlo) (Entered: 05/07/2004) | |||
| 2004-05-04 | 14 | 0 | Plaintiff's ANSWER TO Defendant's COUNTERCLAIM [5-2] by counter-defendant (jlo) (Entered: 05/07/2004) | |||
| 2004-05-13 | 15 | 0 | ORDER For Final Pretrial Conference by Hon. Karen K. Klein ; Pretrial conference set for Monday, August 8, 2005 at 9:30a.m. before Magistrate Judge Klein; (cc: all counsel) (jlo) (Entered: 05/17/2004) | |||
| 2004-05-13 | 16 | 0 | ORDER For Settlement Conference by Hon. Karen K. Klein ; settlement conference set before Magistrate Judge Klein on Monday, August 8, 2005 immediately following the final pretrial conf. this date; (cc: all counsel) (jlo) (Entered: 05/17/2004) | |||
| 2004-05-13 | 17 | 0 | NOTICE of Setting: Jury trial scheduled for Monday, August 22, 2005 at 9:30a.m. before Judge Erickson; JT est. 3-4 days; Court will meet with counsel at 9:00a.m. (cc: all counsel, court officials) (jlo) (Entered: 05/17/2004) | |||
| 2004-10-19 | 18 | 0 | STIPULATION and ORDER by Hon. Karen K. Klein: Parties shall file Markman briefs by 12/17/04. Reply briefs by each party shall be due by 1/7/05 and a Markman hrg shall be scheduled thereafter. All other dates set forth in sched/discovery plan shall remain as originally set forth. (cc: all counsel) (lc) (Entered: 10/19/2004) | |||
| 2004-11-30 | 19 | 0 | MOTION by plaintiff to compel discovery (td) (Entered: 11/30/2004) | |||
| 2004-12-14 | 20 | 0 | Stipulation to extend response time of dfts through and including Dec 31, 2004. (td) (Entered: 12/14/2004) | |||
| 2004-12-17 | 21 | 0 | Markman BRIEF FILED by plaintiff w/attached large spiral book of exhs A-L (jlo) (Entered: 12/20/2004) | |||
| 2004-12-20 | 22 | 0 | Notice of Motion and MOTION by defendant to stay proceedings; (jlo) (Entered: 12/20/2004) | |||
| 2004-12-20 | 23 | 0 | Dfts' Opening Markman Brief and Brief (MEMORANDUM in support) of motion to stay proceedings; [22-1] w/attached exhs 1-6; (jlo) Modified on 12/20/2004 (Entered: 12/20/2004) | |||
| 2004-12-20 | 24 | 0 | Stipulation to extend scheduling/discovery plan (jlo) (Entered: 12/20/2004) | |||
| 2004-12-20 | 25 | 0 | Stipulation to streamline the Markman briefing in this case; (jlo) (Entered: 12/20/2004) | |||
| 2004-12-22 | 26 | 0 | ORDER by Hon. Karen K. Klein: granting Stipulation to extend scheduling/discovery plan [24-1]. Plan is amended to read parties shall file Markman briefs by 12/17/04. Reply briefs by each party shall be due 1/24/05, and Markman hrg shall be scheduled thereafter as the Court's schedule allows. All other dates set forth in the Plan shall remain as originally set forth. (cc: all counsel) (lc) (Entered: 12/27/2004) | |||
| 2004-12-22 | 27 | 0 | ORDER by Hon. Karen K. Klein: granting Stipulation to streamline the Markman briefing in this case [25-1]. SEE Order for details. (cc: all counsel) (lc) (Entered: 12/27/2004) | |||
| 2005-01-24 | 28 | 0 | RESPONSE by plaintiff Modern Products to motion to stay proceedings; [22-1] (td) (Entered: 01/25/2005) | |||
| 2005-01-24 | 29 | 0 | RESPONSE by plaintiff Modern Products re Dft's Opening Markman Breif [21-1] (td) (Entered: 01/25/2005) | |||
| 2005-01-25 | 30 | 0 | Stipulation (Joint Motion) to extend expert discovery deadline w/proposed order (td) (Entered: 01/26/2005) | |||
| 2005-01-28 | 31 | 0 | ORDER by Hon. Karen K. Klein: granting Stipulation (Joint Motion) to Extend Expert Discovery Deadline [30-1]. It is ordered that paragraph 5 of the scheduling/discovery plan should be amended. [SEE order for details] (cc: all counsel) (lc) (Entered: 01/31/2005) | |||
| 2005-02-04 | 32 | 0 | LETTER from defendant's counsel indicating mtn to compel issues are moot, docket # 19 (sb) (Entered: 02/04/2005) | |||
| 2005-03-01 | 33 | 0 | ORDER by Hon. Ralph R. Erickson denying motion to stay proceedings; [22-1], a Markman Hearing will be set to take place in April or some date thereafter (cc: all counsel) (seal) (Entered: 03/01/2005) | |||
| 2005-03-28 | 34 | 0 | NOTICE of Setting: Markman hearing set for Fri., May 6, 2005 at 9:00 AM in Fgo bef Judge Erickson (cc: all counsel, court officials) (sg) (Entered: 03/28/2005) | |||
| 2005-07-26 | 35 | 0 | Stipulation to continue trial date, final pre-trial /settlement conf & to amd sched/disc plan (lrf) (Entered: 07/26/2005) | |||
| 2005-07-26 | 36 | 0 | ORDER by Hon. Ralph R. Erickson granting Stipulation to continue trial date, final pre-trial /settlement conf & to amd sched/disc plan [35-1] ; Dispositive motion cutoff reset for 1/27/06 ; Expert report ddl 10/19/05 ; Identify expert witness ddl 9/23/05 complete discovery depos of experts by 11/22/05; trial reset for 3/27/06 and the pretrial& settlement reset for 3/13/06 (cc: all counsel) (sb) (Entered: 07/27/2005) | |||
| 2005-07-28 | 37 | 0 | NOTICE of Re-Setting: Jury trial Rescheduled for 3/27/06 at 9:30 am before Judge Erickson; JT est. 3-4 days; Court will meet wil Counsel at 9:00 am (prev set for 8/22/05) (cc: all counsel, court officials) (lrf) (Entered: 07/28/2005) | |||
| 2005-07-28 | 38 | 0 | NOTICE of Re-Setting: Final Pretrial conference re scheduled for 3/13/06 at 1:00 pm settlement conference2 rescheduled for 3/13/06 at 1:00 pm before Judge Klein in Fgo Chmbrs (prev set for 8/8/05) (cc: all counsel, court officials) (lrf) (Entered: 07/28/2005) | |||
| 2006-01-27 | 39 | 0 | JOINT MOTION to Continue Trial Date and MOTION to Postpone Deadline for Dispositive Motions signed by all parties. (lc) (Entered: 01/30/2006) | |||
| 2006-01-27 | 40 | 0 | STIPULATION ON CLAIM CONSTRUCTION signed by all parties. (lc) (Entered: 01/30/2006) | |||
| 2006-01-31 | 41 | 0 | ORDER by Judge Ralph R. Erickson granting 39 Motion to Continue, granting 39 Motion to Extend Dispositive Motion Deadline. (MK) (Trial set for 3/27/06 and final pretrial & settlement set for 3/13/06 continued at this time, cc: counsel) (Entered: 01/31/2006) | |||
| 2006-01-31 | 42 | 0 | ORDER re 40 Stipulation filed by Modern Products Industries, Inc. adopting patent terms definitions. Signed by Judge Ralph R. Erickson. (MK) (Entered: 01/31/2006) | |||
| 2008-07-07 | 43 | 0 | NOTICE TO THE COURT by Modern Products Industries, Inc. re 41 Order. NOTE: Exhibit A - Reexamination Certificate issued by the U.S. Patent Office will be filed at a later date. (lc) (Entered: 07/07/2008) | |||
| 2008-07-08 | 44 | 0 | SUPPLEMENT (Exhibit A - Ex Parte Reexamination Certificate) to document: 43 Notice to the Court filed by Modern Products Industries, Inc. NOTE: Clerk's office confirmed with Gunn & Lee law firm that Exhibit A should NOT be treated as an ex parte pleading. (lc) (Entered: 07/08/2008) | |||
| 2008-08-26 | 45 | 0 | SETTLEMENT AGREEMENT by Northern Pipe Products. (Zimmerman, Todd) (Entered: 08/26/2008) | |||
| 2008-08-26 | 46 | 0 | MOTION to Dismiss Without Prejudice by Northern Pipe Products. (Zimmerman, Todd) (Entered: 08/26/2008) | |||
| 2008-08-26 | 47 | 0 | STIPULATION of Dismissal by Northern Pipe Products. (Zimmerman, Todd) (Entered: 08/26/2008) | |||
| 2008-08-26 | 48 | 0 | CERTIFICATE OF SERVICE by Northern Pipe Products re 47 Stipulation of Dismissal, 46 MOTION to Dismiss Without Prejudice, 45 Settlement Agreement (Zimmerman, Todd) (Entered: 08/26/2008) | |||
| 2008-09-03 | 49 | 0 | ORDER (TEXT-ONLY) by Judge Ralph R. Erickson granting 46 Motion to Dismiss. Consistent with the Motion and the parties' stipulation, all claims between the parties in this matter are hereby ORDERED dismissed without prejudice. Each side is to bear its own attorney's fees and costs. (CSG) (Entered: 09/03/2008) | |||
| 2008-09-03 | 50 | 0 | JUDGMENT by Clerk (lh) (Entered: 09/03/2008) |