| Court: | ned |
| Docket #: | 8:02-cv-00044 |
| Case Name: | Versa Corporation v. Sioux Automation |
| PACER case #: | 13353 |
| Date filed: | 2002-01-24 |
| Date terminated: | 2005-04-26 |
| Assigned to: | Magistrate Judge Thomas D. Thalken |
| Case Cause: | 35:145 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Versa Corporation Plaintiff An Oregon Corporation |
Dennis L. Thomte Peter E. Heuser Shane M. Niebergall |
| Sioux Automation Center Defendant Inc., An Iowa Corporation |
Daniel A. Rosenberg David A. Tank Jill R. Ackerman Kent A. Herink Patrick J. Ickes William G. Dittrick |
| Sioux Automation Center Counter Claimant |
Daniel A. Rosenberg Jill R. Ackerman Kent A. Herink William G. Dittrick |
| Versa Corporation Counter Defendant |
Dennis L. Thomte Peter E. Heuser Shane M. Niebergall |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2002-01-24 | 1 | 0 | COMPLAINT: 1 Summonses issued with Receipt Number #810096 in the amount of $ 150.00; jury demand with request for trial at Omaha, NE w/ attachments (TJS) (Entered: 01/25/2002) | |||
| 2002-01-25 | 2 | 0 | REPORT on the filing or determination of an action regarding Patents (cc: original form mailed to the office of commissioner) (TJS) (Entered: 01/25/2002) | |||
| 2002-02-01 | 3 | 0 | SUMMONS RETURNED EXECUTED upon defendant Sioux Automation on 1/28/02 (CJB) (Entered: 02/04/2002) | |||
| 2002-02-14 | 4 | 0 | MOTION by defendant Sioux Automation to extend time to answer (DKM) (Entered: 02/15/2002) | |||
| 2002-02-15 | 5 | 0 | ORDER by Deputy Clerk granting dft's motion to extend time to answer [4-1] - answer/amended ddl set for 3/19/02 for Sioux Automation - COPIES MAILED [EOD Date 2/15/02] (DKM) (Entered: 02/15/2002) | |||
| 2002-02-25 | 6 | 0 | APPLICATION/ORDER by clerk re: defendant Sioux Automation - atty Daniel A. Rosenberg is admitted to practice pro hac vice - COPIES MAILED (MKR) (Entered: 02/25/2002) | |||
| 2002-02-25 | 7 | 0 | APPLICATION/ORDER by clerk re: defendant Sioux Automation - atty Kent A. Herink is admitted to practice pro hac vice - COPIES MAILED (MKR) (Entered: 02/25/2002) | |||
| 2002-03-19 | 8 | 0 | ANSWER to complaint [1-1] and COUNTERCLAIM by defendant Sioux Automation against plaintiff Versa Corporation; copy 2 of the AO report mailed on 3/20/02 to Commissioner of Patents and Trademarks (TJS) (Entered: 03/20/2002) | |||
| 2002-03-25 | 9 | 0 | SCHEDULING PACKET by Magistrate Judge Thomas D. Thalken - COPIES MAILED (NCD) (Entered: 03/25/2002) | |||
| 2002-04-09 | 10 | 0 | REPLY TO COUNTERCLAIM [8-2] by counter-defendant Versa Corporation (JSF) (Entered: 04/11/2002) | |||
| 2002-05-07 | 11 | 0 | RULE 26(f) PLANNING REPORT (TJS) (Entered: 05/07/2002) | |||
| 2002-05-07 | 12 | 0 | ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken - telephone conference set 9:00 8/20/02 before Magistrate Judge Thomas D. Thalken - COPIES MAILED (TJS) (Entered: 05/07/2002) | |||
| 2002-06-10 | 13 | 0 | CERTIFICATE OF SERVICE by plaintiff Versa Corporation of 1st set of interrogatories and 1st request for production of documents (ADB) (Entered: 06/11/2002) | |||
| 2002-06-27 | 14 | 0 | CERTIFICATE by plaintiff Versa Corporation of sering answers to dft's first set of interrogs and plf's response to dft's first set of request for produciton of docs (TJS) (Entered: 07/01/2002) | |||
| 2002-07-18 | 15 | 0 | CERTIFICATE OF SERVICE by plaintiff Versa Corporation of serving plf's initial R26(a)(1) disclosures (CJB) (Entered: 07/19/2002) | |||
| 2002-08-02 | 16 | 0 | ORDER by Magistrate Judge Thomas D. Thalken that dft has until 8/24/02 to respond to the discovery requests - COPIES MAILED [EOD Date 8/2/02] (TJS) (Entered: 08/02/2002) | |||
| 2002-08-01 | 17 | 0 | MOTION by defendant Sioux Automation to extend deadline to respond to discovery (TJS) (Entered: 08/02/2002) | |||
| 2002-08-20 | 18 | 0 | FINAL PROGRESSION ORDER by Magistrate Judge Thomas D. Thalken - deposition ddl set for 12/31/02 - pretrial conference set 10:00 4/21/03 before Magistrate Judge Thomas D. Thalken - jury trial set for 8:30 5/19/03 COPIES MAILED (CJB) (Entered: 08/20/2002) | |||
| 2002-08-21 | 19 | 0 | ORDER by Magistrate Judge Thomas D. Thalken that status rpt ddl set for 11/1/02 for all parties to file a status report in the form of a letter - COPIES MAILED [EOD Date 8/21/02] (CJB) (Entered: 08/21/2002) | |||
| 2002-08-22 | 20 | 0 | STIPULATED PROTECTIVE ORDER by Magistrate Judge Thomas D. Thalken re confidential information w/attachment - COPIES MAILED (CJB) (Entered: 08/22/2002) | |||
| 2002-10-15 | 21 | 0 | CERTIFICATE by Attorney Dennis L. Thomte of serving Report of Plaintiff's Expert Witness Thomas F. Smedal, Jr. on behalf of Plaintiff Versa Corporation (JSF) Modified on 10/21/2002 to change name of document served (JSF). (Entered: 10/17/2002) | |||
| 2002-10-15 | 22 | 0 | CERTIFICATE by Attorney Dennis L. Thomte of serving supplemental answers to first set of interrogatories on behalf of Plaintiff Versa Corporation (JSF) (Entered: 10/21/2002) | |||
| 2002-10-30 | 23 | 0 | MOTION to Extend time to file expert reports by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 10/30/2002) | |||
| 2002-10-31 | 24 | 0 | ORDER granting 23 Motion to Extend of time to file expert witness reports Signed by Magistrate Judge Thomas D. Thalken on 10/31/2002. (TJS, ) (Entered: 10/31/2002) | |||
| 2002-11-21 | 25 | 0 | CERTIFICATE of Service of Plaintiff's Pretrial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(3) by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 11/21/2002) | |||
| 2003-01-17 | 26 | 0 | Joint MOTION to Extend Progression Order Dates by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 01/17/2003) | |||
| 2003-01-21 | 27 | 0 | ORDER GRANTING CONTINUANCE AND AMENDED FINAL PROGRESSION ORDER granting 26 Motion to Extend progression order dates; deposition deadline set for 3/31/03; final pretrial conference set for 7/21/03; trial set for 8/18/03 at 8:30 a.m. Signed by Magistrate Judge Thomas D. Thalken on 1/21/2003. (TJS, ) Modified on 1/21/2003 to include dates in text (TJS, ). (Entered: 01/21/2003) | |||
| 2003-02-26 | 28 | 0 | NOTICE to Take Deposition of Sioux Automation Center, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 02/26/2003) | |||
| 2003-02-26 | 29 | 0 | NOTICE of Filing of Corrected Amended Notice of Rule 30(b)(6) Deposition of Sioux Automation, Inc. by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 02/26/2003) | |||
| 2003-02-26 | 30 | 0 | STRICKEN - CERTIFICATE of Service of Exhibit A to Versa Corporation's Amended Notice of Rule 30(b)(6) Deposition of Sioux Automation Center, Inc. filed 02/26/03 by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) Modified on 2/27/2003 (KMG) - document is stricken per order 31 . (Entered: 02/26/2003) | |||
| 2003-02-27 | 31 | 0 | ORDER striking Filing 30 - incorrect PDF attached. Signed by Magistrate Judge Thomas D. Thalken on 2/27/2003. (KMG) (Entered: 02/27/2003) | |||
| 2003-03-03 | 32 | 0 | NOTICE OF SERVICE OF NON-EXPERT WITNESS DESIGNATION by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 03/03/2003) | |||
| 2003-04-21 | 33 | 0 | MOTION for Summary Judgment of Infringement of U.S. Patent Nos. 5,297,377 and 5,425,220 and Request for Oral Argument by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 04/21/2003) | |||
| 2003-04-21 | 34 | 0 | BRIEF In Support of Motion for Summary Judgment 33 of Infringement of U.S. Patent Nos. 5,297,377 and 5,425,220 by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 04/21/2003) | |||
| 2003-04-21 | 35 | 0 | INDEX In Support of Motion for Summary Judgment 33 of Infringement of U.S. Patent Nos. 5,297,377 and 5,425,220 and Request for Oral Argument by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Attachments: # 1 Affidavit of Dennis Thomte with attached Exhibits A and B# 2 Exhibits described in paragraphs 4-7 of Dennis Thomte Affidavit in Support of Motion for Summary Judgment of Infringement)(Thomte, Dennis) (Entered: 04/21/2003) | |||
| 2003-04-22 | 36 | 0 | MOTION to Extend Time for Filing Motion for Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 04/22/2003) | |||
| 2003-04-24 | 37 | 0 | ORDER granting 36 MOTION to Extend Time for Filing Motion for Summary Judgment. Signed by Magistrate Judge Thomas D. Thalken on 4/24/2003. (PAV, ) (Entered: 04/24/2003) | |||
| 2003-04-24 | 38 | 0 | CERTIFICATE of Court Reporter regarding: Deposition of Steven Cullen (JAE, ) (Entered: 04/25/2003) | |||
| 2003-04-24 | 39 | 0 | CERTIFICATE of Court Reporter regarding: Deposition of Ronald Hulshof (JAE, ) (Entered: 04/25/2003) | |||
| 2003-05-09 | 40 | 0 | Unopposed MOTION to Extend Time to File Motion for Summary Judgment and to Respond by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 05/09/2003) | |||
| 2003-05-12 | 41 | 0 | ORDER granting 40 Defendant's Motion to Extend Time to File Motions for Summary Judgment and to Respond to 33 Plaintiff's Motion for Summary Judgment. Signed by Judge Joseph F. Bataillon on 5/12/2003. (SMS, ) (Entered: 05/12/2003) | |||
| 2003-06-16 | 42 | 0 | Unopposed MOTION to Extend Time to File Motion for Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 06/16/2003) | |||
| 2003-06-18 | 43 | 0 | ORDER granting 42 motion to extend time to 7/16/2003 in which to file motions for summary judgment and to respond to 33 plaintiff's motion for summary judgment. Signed by Judge Joseph F. Bataillon on 6/18/2003. (SMS, ) (Entered: 06/18/2003) | |||
| 2003-07-07 | 44 | 0 | MOTION to Extend Progression Order Dates by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 07/07/2003) | |||
| 2003-07-09 | 45 | 0 | ORDER GRANTING EXTENSION AND SECOND AMENDED FINAL PROGRESSION ORDER - Defendant's motion for extension progression order deadlines 44 is granted as set forth; Deposition deadline set for 9/1/2003. Pretrial Conference set for 12/22/2003 before Magistrate Judge Thomas D. Thalken. Jury Trial set for 1/20/2004 at 08:30 AM before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 7/9/2003. (TJS, ) (Entered: 07/09/2003) | |||
| 2003-07-09 | 46 | 0 | ATTORNEY LETTER by Clerk that Attorney Kent A. Herink has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TJS, ) (Entered: 07/09/2003) | |||
| 2003-07-23 | 47 | 0 | MOTION for Summary Judgment by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Ickes, Patrick) (Entered: 07/23/2003) | |||
| 2003-07-23 | 48 | 0 | BRIEF In Support Motion for Summary Judgment 47 by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Ickes, Patrick) (Entered: 07/23/2003) | |||
| 2003-07-23 | 49 | 0 | BRIEF In Opposition Motion for Summary Judgment 33 by Plaintiff by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Ickes, Patrick) (Entered: 07/23/2003) | |||
| 2003-07-23 | 50 | 0 | MOTION for Claim Construction by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Ickes, Patrick) (Entered: 07/23/2003) | |||
| 2003-07-23 | 51 | 0 | BRIEF In Support Motion for Miscellaneous Relief 50 (Claims Construction) by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Ickes, Patrick) (Entered: 07/23/2003) | |||
| 2003-07-23 | 52 | 0 | INDEX In Support of Motion for Miscellaneous Relief 50 , Brief 51 , Motion for Summary Judgment 47 , Brief 48 , Brief 49 by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit 1 and 2# 2 Exhibit 3 (Expert Witness Report)# 3 Exhibit 4 through 7)(Ickes, Patrick) (Entered: 07/23/2003) | |||
| 2003-08-05 | 53 | 0 | Unopposed MOTION to Extend Time to Respond by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 08/05/2003) | |||
| 2003-08-06 | 54 | 0 | ORDER granting 53 Plaintiff's Motion to Extend Time to respond to 47 Motion for Summary Judgment and 50 Motion for Claim Construction. Signed by Judge Joseph F. Bataillon on 8/6/2003. (SMS, ) (Entered: 08/06/2003) | |||
| 2003-08-18 | 55 | 0 | NOTICE to Take Deposition of Stephen J. Marley by Attorney Shane M. Niebergall on behalf of Plaintiff Versa Corporation (Niebergall, Shane) (Entered: 08/18/2003) | |||
| 2003-09-04 | 61 | 0 | Certificate of Service of Plaintiff's Response to Defendant's Second Set of Request for Production of Documents Propounded to Plaintiff by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 09/04/2003) | |||
| 2003-09-29 | 62 | 0 | MOTION for Leave to File Reply Briefs Instanter by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Ackerman, Jill) (Entered: 09/29/2003) | |||
| 2003-09-29 | 63 | 0 | MOTION oral argument regarding MOTION for Claim Construction 50 , MOTION for Summary Judgment of Infringement of U.S. Patent Nos. 5,297,377 and 5,425,220 and Request for Oral Argument 33 , MOTION for Summary Judgment 47 by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 09/29/2003) | |||
| 2003-09-29 | 64 | 0 | MOTION to Amend Motion for Leave to File Reply Briefs Instanter by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ackerman, Jill) (Entered: 09/29/2003) | |||
| 2003-10-02 | 65 | 0 | ORDER granting 64 Motion for Leave to File Briefs Instanter regarding 33 Motion for Summary Judgment and 50 Motion for Claim Construction; REPLY BRIEFS (ATTACHMENTS A & B TO 64 ) DEEMED FILED INSTANTER. Signed by Judge Joseph F. Bataillon on 10/2/2003. (SMS, ) (Entered: 10/02/2003) | |||
| 2003-10-29 | 66 | 0 | ORDER - Settlement Conference set for 12/3/2003 at 09:00 AM before Magistrate Judge Thomas D. Thalken. Signed by Magistrate Judge Thomas D. Thalken on 10/29/2003. (TJS, ) (Entered: 10/29/2003) | |||
| 2003-10-31 | 67 | 0 | ORDER - IT IS ORDERED that, on or before November 12, 2003, attorney Kent Herink shall register for the System or show cause by written affidavit why he cannot comply with the rules of the court. Signed by Magistrate Judge Thomas D. Thalken on 10/31/2003. (TJS, ) (Entered: 10/31/2003) | |||
| 2003-11-18 | 68 | 0 | ORDER that the Settlement Conference is rescheduled for 12/17/2003 at 09:00 AM before Magistrate Judge Thomas D. Thalken. Signed by Magistrate Judge Thomas D. Thalken on 11/18/2003. (JSF) (Entered: 11/18/2003) | |||
| 2003-12-04 | 69 | 0 | Certificate of Service of Plaintiff's Fed. R. Civ. P. 26(a)(3) Disclosures by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 12/04/2003) | |||
| 2003-12-08 | 70 | 0 | ORDER - the settlement conference previously scheduled in thismatter for December 17, 2003, is cancelled; this case shall proceed as previously ordered in the court'ss Order Granting Extension and Second Amended Final Progression dated July 9, 2003 (Filing No. 45). Signed by Magistrate Judge Thomas D. Thalken on 12/8/2003. (TJS, ) (Entered: 12/08/2003) | |||
| 2003-12-17 | 71 | 0 | Certificate of Service of Plaintiff's Second Supplemental Answers to Defendant's First Set of Interrogatories Propounded by Defendant by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 12/17/2003) | |||
| 2003-12-19 | 72 | 0 | NOTICE of Serving Supplemental Answers to Interrogatories by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 12/19/2003) | |||
| 2003-12-22 | 73 | 0 | PRETRIAL ORDER - estimated length of trial is 3 days; Jury Trial set for 1/20/2004 at 08:30 AM before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 12/22/2003. (MKR, ) (Entered: 12/22/2003) | |||
| 2004-01-05 | 74 | 0 | CONSENT to Jurisdiction by US Magistrate Judge - upon consent of parties, this case is transferred to Magistrate Judge Thomas D. Thalken for final disposition Signed by Judge Joseph F. Bataillon on 1/5/2004. (TJS, ) (Entered: 01/05/2004) | |||
| 2004-01-07 | 75 | 0 | TRIAL ORDER; Jury Trial set for 4/19/2004 08:30 AM in Courtroom 7 (Omaha) before Magistrate Judge Thomas D. Thalken. All proposed jury instructions, trial briefs, suggested voir dire questions, suggestedverdict forms, proposed findings of fact and conclusions of law, discovery materialto be used at trial, and witness lists must be FILED and served on opposing counselon or before 4/12/2004. Signed by Magistrate Judge Thomas D. Thalken on 1/7/2004. (PAV, ) (Entered: 01/07/2004) | |||
| 2004-01-09 | 76 | 0 | MOTION in Limine by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 01/09/2004) | |||
| 2004-01-09 | 77 | 0 | BRIEF Support of Motion in Limine by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 01/09/2004) | |||
| 2004-01-09 | 78 | 0 | INDEX support of Motion in Limine by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Attachments: # 1 # 2 # 3 # 4)(Ackerman, Jill) (Entered: 01/09/2004) | |||
| 2004-01-15 | 79 | 0 | RESPONSE regarding MOTION in Limine 76 By Versa Corporation in Opposition thereof by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 01/15/2004) | |||
| 2004-01-20 | 80 | 0 | MOTION for Leave to File Reply Brief Instanter by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit A)(Ackerman, Jill) (Entered: 01/20/2004) | |||
| 2004-02-11 | 81 | 0 | NOTICE of Withdrawal as counsel by Attorney Patrick J. Ickes on behalf of Defendant Sioux Automation Center (Ickes, Patrick) (Entered: 02/11/2004) | |||
| 2004-02-27 | 82 | 0 | APPLICATION/ORDER admitting pro hac vice Attorney Peter E. Heuser for Plaintiff Versa Corporation. Signed by Deputy Clerk on 2/27/2004. (TJS, ) (Entered: 02/27/2004) | |||
| 2004-02-27 | 83 | 0 | NOTICE of Appearance by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation (TJS, ) (Entered: 02/27/2004) | |||
| 2004-03-14 | 84 | 0 | MOTION To File Consolidated Memorandum in Support of Motion for Summary Judgment by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 03/14/2004) | |||
| 2004-03-15 | 85 | 0 | ORDER - The defendant's motion for leave to reply Filing No. 80 is granted. The reply will be considered instanter with the motion in limine; Patrick J. Ickes's motion to withdraw as counsel for the defendant Filing No. 81 is granted. Withdrawing counsel shall comply with NELR 3.3(d); The Clerk of Court shall stop all electronic notices to Mr. Ickes regarding thiscase; The plaintiff's Motion to File a Consolidated Memorandum Filing No. 84 is denied. Signed by Magistrate Judge Thomas D. Thalken on 3/15/2004. (TJS, ) (Entered: 03/15/2004) | |||
| 2004-03-18 | 86 | 0 | MOTION Permission to Withdraw as Plaintiff's Counsel by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 03/18/2004) | |||
| 2004-03-19 | 87 | 0 | ORDER that the motion for leave to withdraw of Dennis L. Thomte and the law firm ofThomte, Mazour & Niebergall 86 as attorneys for the plaintiff is granted.Withdrawing counsel shall comply with NELR 3.3(d).The Clerk of Court shall stop all electronic notices to the withdrawingattorneys regarding this case. Signed by Magistrate Judge Thomas D. Thalken on 3/19/2004. (DKM, ) (Entered: 03/19/2004) | |||
| 2004-03-19 | 88 | 0 | NOTICE regarding Order on Motion for Miscellaneous Relief,,, 87 to Withdraw by Attorney Dennis L. Thomte on behalf of Plaintiff Versa Corporation (Thomte, Dennis) (Entered: 03/19/2004) | |||
| 2004-03-23 | 89 | 0 | MOTION To Name an Additional Expert Witness to Testify at Trial by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 03/23/2004) | |||
| 2004-03-26 | 90 | 0 | OBJECTION to Plaintiff's Motion to Name Additional Expert Witness by Attorney David A. Tank on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit (A-C))(Tank, David) (Entered: 03/26/2004) | |||
| 2004-03-31 | 91 | 0 | ORDER denying 33 Motion for Summary Judgment; denying 47 Motion for Summary Judgment; granting in part and denying in part 50 Motion for claim construction as set forth - The term "density control means" in claim 1 of the '377 patent has not acquired the meaning "comprised of two or more cables." The acquired meaning of the term "extending between the opposite sides of said tunnel" in claim 1 of the '377 is construed to mean, with no other limitation, extending the entire distance between the opposite sides of said tunnel. The acquired meaning of the term "density control means" in claim 12 of the '220 patent is, with no other limitation, a generally U-shaped cable loop having first and second leg portions joined by a base portion, which allows the width of the cable loop to be selectively narrowed or widened; denying 63 Motion for oral argument. Signed by Magistrate Judge Thomas D. Thalken on 3/31/2004. (PAV, ) (Entered: 03/31/2004) | |||
| 2004-04-07 | 92 | 0 | ORDER granting ORAL MOTION - to continue trial ; Jury Trial is set to commence at 8:30 a.m. on 9/14/04; Signed by Magistrate Judge Thomas D. Thalken on 4/7/2004. (MKR, ) (Entered: 04/07/2004) | |||
| 2004-05-05 | 93 | 0 | ORDER granting 89 plaintiff's Motion to name an additional expert witness to testify at trial; and overruling 90 Defendant's Objection to the motion. Signed by Magistrate Judge Thomas D. Thalken on 5/5/2004. (KBJ) (Entered: 05/05/2004) | |||
| 2004-05-25 | 94 | 0 | MOTION To Add Trial Exhibits Relating to Damages by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 05/25/2004) | |||
| 2004-05-25 | 95 | 0 | BRIEF In Support of Motion to Add Trial Exhibits Relating to Damages by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 05/25/2004) | |||
| 2004-05-25 | 96 | 0 | INDEX In Support of Versa's Motion to Add Trial Exhibits Relating to Damages by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 05/25/2004) | |||
| 2004-05-25 | 97 | 0 | AFFIDAVIT of Peter E. Heuser Filed in Support of Versa's Motion to Add Trial Exhibits Relating to Damages by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Heuser, Peter) (Entered: 05/25/2004) | |||
| 2004-06-02 | 98 | 0 | RESPONSE to Plaintiff's Motion to Add Trial Exhibits Relating to Damages by Attorney David A. Tank on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit A)(Tank, David) (Entered: 06/02/2004) | |||
| 2004-06-02 | 99 | 0 | BRIEF Resistance to Plaintiff's Motion to Add Trial Exhibits Relating to Damages Response 98 by Attorney David A. Tank on behalf of Defendant Sioux Automation Center (Tank, David) (Entered: 06/02/2004) | |||
| 2004-06-02 | 100 | 0 | INDEX Defendant's Resistance to Plaintiff's Motion to Add Trial Exhibits Relating to Damages Response 98 by Attorney David A. Tank on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit A, Tab 14 and Tab 15)(Tank, David) (Entered: 06/02/2004) | |||
| 2004-07-01 | 101 | 0 | ORDER - The plaintiff's Motion to Add Trial Exhibits Relating to Damages Filing No. 94 is granted; The plaintiff shall on or before July 12, 2004, file an amended trial exhibit listfor all of the parties' exhibits, noting the defendant's objections to the new exhibits and whichexhibits had been received during the pretrial conference; The defendant's First Motion in Limine Filing No. 76 is denied, withoutprejudice. Signed by Magistrate Judge Thomas D. Thalken on 7/1/2004. (TJS, ) Modified on 7/2/2004 to include "is granted" (DKM, ). (Entered: 07/01/2004) | |||
| 2004-07-12 | 102 | 0 | EXHIBIT LIST As Amended by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation. (Heuser, Peter) (Entered: 07/12/2004) | |||
| 2004-07-21 | 103 | 0 | MOTION for Reconsideration of Denial of Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 07/21/2004) | |||
| 2004-07-21 | 104 | 0 | BRIEF Support of Motion for Reconsideration of Denial of Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 07/21/2004) | |||
| 2004-07-22 | 105 | 0 | ORDER denying 103 Motion for Reconsideration. The parties shall have to on or before August 16, 2004, to file motions forsummary judgment in accordance with this order. Signed by Magistrate Judge Thomas D. Thalken on 7/22/2004. (DKM, ) (Entered: 07/22/2004) | |||
| 2004-08-13 | 106 | 0 | MOTION for Summary Judgment and Statement of Undisputed Facts by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 08/13/2004) | |||
| 2004-08-13 | 107 | 0 | BRIEF Support of Second Motion for Summary Judgment and Statement of Undisputed Facts by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 08/13/2004) | |||
| 2004-08-13 | 108 | 0 | INDEX support of Second Motion for Summary Judgment and Statement of Undisputed Facts by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Ackerman, Jill) (Entered: 08/13/2004) | |||
| 2004-08-13 | 109 | 0 | MOTION for Summary Judgment of Literal Infringement of Claim 1 of U.S. Patent No. 5,297,377 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 110 | 0 | BRIEF Versa's Motion for Summary Judgment of Literal Infringement of Claim 1 of U.S. Patent No. 5,297,377 Motion for Summary Judgment 109 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 111 | 0 | INDEX Versa's Motion for Summary Judgment of Literal Infringement of Claim 1 of U.S. Patent No. 5,297,377 Motion for Summary Judgment 109 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 112 | 0 | AFFIDAVIT of Peter E. Heuser Identifying and Authenticating Evidentiary Materials Filed in Support of Versa's Motion for Summary Judgment of Literal Infringement of Claim 1 of U.S. Patent No. 5,297,377 regarding MOTION for Summary Judgment of Literal Infringement of Claim 1 of U.S. Patent No. 5,297,377 109 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 113 | 0 | MOTION for Summary Judgment that U.S. Patent Nos. 5,297,337 and 5,425,220 are not Invalid by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 114 | 0 | BRIEF Versa's Brief in Support of its Motion for Summary Judgment that U.S. Patent Nos. 5,297,377 and 5,425,220 are not Invalid Motion for Summary Judgment 113 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 115 | 0 | INDEX Versa's Motion for Summary Judgment that U.S. Patent Nos. 5,297,377 and 5,425,220 are not Invalid Motion for Summary Judgment 113 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-13 | 116 | 0 | AFFIDAVIT of Peter E. Heuser Identifying and Authenticating Index of Evidentiary Materials Filed in Support of Versa's Motion for Summary Judgment that U.S. Patent Nos. 5,297,377 and 5,425,220 are not Invalid regarding MOTION for Summary Judgment that U.S. Patent Nos. 5,297,337 and 5,425,220 are not Invalid 113 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Heuser, Peter) (Entered: 08/13/2004) | |||
| 2004-08-24 | 117 | 0 | ORDER that this matter is before the court sua sponte. Trial that was scheduled for 9/14/04 is cancelled and will be rescheduled at a later date, if necessary. Signed by Magistrate Judge Thomas D. Thalken on 8/24/2004. (KBJ) (Entered: 08/25/2004) | |||
| 2004-09-07 | 118 | 0 | BRIEF Opposition to Motion for Summary Judgment 109 of Literal Infringement by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center, Counter Claimant Sioux Automation Center (Ackerman, Jill) (Entered: 09/07/2004) | |||
| 2004-09-07 | 119 | 0 | BRIEF Opposition to Motion for Summary Judgment 113 of Patent Validity by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center, Counter Claimant Sioux Automation Center (Ackerman, Jill) (Entered: 09/07/2004) | |||
| 2004-09-07 | 120 | 0 | BRIEF Defendant's Second Motion for Summary Judgment Motion for Summary Judgment 106 Brief in Opposition to Defendant's Second Motion for Summary Judgment by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 09/07/2004) | |||
| 2004-09-07 | 121 | 0 | INDEX Defendant's Second Motion for Summary Judgment Motion for Summary Judgment 106 Index of Evidentiary Materials Filed in Opposition to Defendant's Second Motion for Summary Judgment by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Heuser, Peter) (Entered: 09/07/2004) | |||
| 2004-09-09 | 122 | 0 | STRICKEN-Joint MOTION to Extend Time to Reply to Motions for Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center, Counter Claimant Sioux Automation Center (Ackerman, Jill) Modified on 9/10/2004; Stricken per Order 124 (DKM, ). (Entered: 09/09/2004) | |||
| 2004-09-09 | 123 | 0 | Joint MOTION to Extend Time to Reply to Motions for Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center, Counter Claimant Sioux Automation Center (Ackerman, Jill) (Entered: 09/09/2004) | |||
| 2004-09-09 | 124 | 0 | ORDER The parties' Joint Motion for Extension of Time (Filing No. 123 ) is granted. The parties shall have to on or before September 27, 2004, to file theirrespective reply briefs and evidence. The Clerk of Court shall strike Filing No. 122 which was inadvertently filed. Signed by Magistrate Judge Thomas D. Thalken on 9/9/2004. (DKM, ) (Entered: 09/10/2004) | |||
| 2004-09-27 | 125 | 0 | REPLY BRIEF In Support of its Motion for Summary Judgment that U.S. Patent Nos. 5,297,377 and 5,425,220 are not Invalid Motion for Summary Judgment 113 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 09/27/2004) | |||
| 2004-09-27 | 126 | 0 | REPLY regarding MOTION for Summary Judgment and Statement of Undisputed Facts 106 by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Ackerman, Jill) (Entered: 09/27/2004) | |||
| 2004-09-27 | 127 | 0 | INDEX Support of Second Motion for Summary Judgment by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center (Attachments: # 1 Exhibit 1)(Ackerman, Jill) (Entered: 09/27/2004) | |||
| 2004-09-27 | 128 | 0 | REPLY BRIEF Vera's Reply in Support of its Motion for Summary Judgment of Literal Infringement Motion for Summary Judgment 109 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Heuser, Peter) (Entered: 09/27/2004) | |||
| 2004-09-27 | 129 | 0 | INDEX Versa's Reply in Support of Its Motion for Summary Judgment of Literal Infringement Motion for Summary Judgment 109 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Heuser, Peter) (Entered: 09/27/2004) | |||
| 2005-03-28 | 130 | 0 | ORDER that Sioux Automation Center Inc.'s Second Motion for Summary Judgment 106 is granted. Versa Corporation's Motion for Summary Judgment of Literal Infringement of Claim 1 of U.S. Patent No. 5,297,377 109 is denied. Versa Corporation's Motion for Summary Judgment that U.S. Patent Nos. 5,297,377 and 5,425,220 are Not Invalid 113 is granted. The parties shall file a joint status report on or before April 15, 2005, regarding the issues, if any from the pretrial order, remaining for trial. Signed by Magistrate Judge Thomas D. Thalken on 3/28/2005. (KBJ) (Entered: 03/28/2005) | |||
| 2005-04-15 | 131 | 0 | STATUS REPORT by Attorney Jill R. Ackerman on behalf of Defendant Sioux Automation Center, Counter Claimant Sioux Automation Center(Ackerman, Jill) (Entered: 04/15/2005) | |||
| 2005-04-22 | 132 | 0 | MOTION for Judgment PROPOSED ORDER FOR ENTRY OF JUDGMENT by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation(Heuser, Peter) (Entered: 04/22/2005) | |||
| 2005-04-26 | 133 | 0 | JUDGMENT granting 132 Motion for Judgment. On Count I, of infringement of United States Patent No. 5,297,377, Judgmentis entered in favor of Defendant. On Count II, of infringement of United States Patent No. 5,425,220, Judgmentis entered in favor of Defendant, as Plaintiff has conceded that in view of the Court's Orderof March 31, 2004 ruling on matters of claim construction, that it cannot prevail. On Defendant's First Counterclaim, for Declaratory Judgment ofNoninfringement, it is ordered, adjudged, and decreed that none of Defendant's productsinfringe any of the claims of United States Patent Nos. 5,425,220 and 5,297,377. On Defendant's Second Counterclaim, for Declaratory Judgment of Invalidity,it is ordered, adjudged, and decreed that neither United States Patent Nos. 5,425,220 nor5,297,377 is invalid. All other claims, counterclaims, issues, and matters are rendered moot inview of the foregoing and are therefore dismissed without prejudice. Each party is to bearits own attorney fees and costs. Signed by Magistrate Judge Thomas D. Thalken on 4/26/2005. (ADB) (Entered: 04/26/2005) | |||
| 2005-04-26 | 134 | 0 | REPORT on the filing or determination of an action regarding Patent (original form mailed to the Office of Register/Commissioner with Judgment 133 ) (ADB) (Entered: 04/26/2005) | |||
| 2005-05-25 | 135 | 0 | STRICKEN NOTICE OF APPEAL regarding Order on Motion for Judgment,,,, 133 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation. (Heuser, Peter) Modified on 5/25/2005 to add the word Stricken (PCV, ). (Entered: 05/25/2005) | |||
| 2005-05-25 | 136 | 0 | NOTICE OF APPEAL regarding Order on Motion for Judgment,,,, 133 by Attorney Peter E. Heuser on behalf of Plaintiff Versa Corporation, Counter Defendant Versa Corporation. (Heuser, Peter) (Entered: 05/25/2005) | |||
| 2005-05-25 | 137 | 0 | ORDER regarding Notice of Appeal to USCA 135 ; IT IS ORDERED that the Clerk's Office shall strike Document Number 135 from the record. The party has refiled the document. filed by Versa Corporation, Signed by Magistrate Judge Thomas D. Thalken on 5/25/2005. (PCV, ) (Entered: 05/25/2005) | |||
| 2005-05-27 | 138 | 0 | 2 COPIES of Notice of Appeal to USCA for the Federal Circuit 136 , Judgment 133 , Order 130 , Order 91 and certified docket sheet to Clerk, USCA - Federal Circuit. (JAE, ) (Entered: 05/27/2005) | |||
| 2005-06-01 | 139 | 0 | REPORT on the filing of a Notice of Appeal 136 of an action regarding Patent. Original form mailed to the Commissioner of Patents. (JAE, ) (Entered: 06/01/2005) | |||
| 2005-06-06 | 140 | 0 | SCHEDULING LETTER from USCA - for the Federal Circuit as to Notice of Appeal to USCA 136 ; Appellate Docket Number: 05-1405. (KBJ) (Entered: 06/07/2005) | |||
| 2005-06-13 | 141 | 0 | NOTICE from Federal Circuit that counsel for Versa Corporation states that a transcript is not needed regarding Notice of Appeal to USCA 136 . (ADB) (Entered: 06/14/2005) | |||
| 2005-08-16 | 142 | 0 | CERTIFIED ORDER issued as a MANDATE from USCA - Federal Circuit (05-1405) that the Notice of Appeal 136 is dismissed for failure to prosecute in accordance with the rules. (Attachments: # 1)(JAE, ) (Entered: 08/16/2005) |