Case details

Court: njd
Docket #: 3:07-cv-05437
Case Name: SABERT CORPORATION v. PAR-PAK, LTD.
PACER case #: 208279
Date filed: 2007-11-13
Date terminated: 2009-06-29
Assigned to: Judge Freda L. Wolfson
Referred to: Magistrate Judge Lois H. Goodman
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
SABERT CORPORATION
Plaintiff
 
DOUGLAS PANZER
CAESAR, RIVISE, BERNSTEIN, COHEN & POKOTILOW, LTD
1635 MARKET STREET
SEVEN PENN CENTER
11TH FLOOR
PHILADELPHIA, PA 19103-2212
(215) 567-2010
Fax: (215) 751-1142
Email: dpanzer@crbcp.com
TERMINATED: 10/30/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

EZRA SUTTON
EZRA SUTTON PA
PLAZA 9
900 ROUTE 9
WOODBRIDGE, NJ 07095
(732) 634-3520
Email: esutton@ezrasutton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
PAR-PAK, LTD.
Defendant
 
ROY HENRY WEPNER
LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP
600 SOUTH AVENUE WEST
WESTFIELD, NJ 07090-1497
(908) 654-5000
Email: rwepner@ldlkm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

PAUL HILGER KOCHANSKI
LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP
600 SOUTH AVENUE WEST
WESTFIELD, NJ 07090-1497
(908) 654-5000
Email: pkochanski@ldlkm.com
ATTORNEY TO BE NOTICED
PAR-PAK, LTD.
Counter Claimant
 
ROY HENRY WEPNER
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
SABERT CORPORATION
Counter Defendant
 
DOUGLAS PANZER
(See above for address)
TERMINATED: 10/30/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

EZRA SUTTON
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-11-13 1 0 COMPLAINT against PAR-PAK, LTD. ( Filing fee $ 350 receipt number 1736445.) JURY DEMAND, filed by SABERT CORPORATION.(Attachments: # 1 Statement 7.1)(jh) (Entered: 11/14/2007)
2007-11-13 2 0 Summons Issued as to PAR-PAK, LTD..Days Due - 20. MAILED TO ATTORNEY (jh) (Entered: 11/14/2007)
2007-11-13 3 0 AO120 Patent/Trademark Form filed. (jh) (Entered: 11/14/2007)
2007-11-15 4 0 Letter from Plaintiff's counsel re 1 Complaint. (Attachments: # 1 Exhibit A to Plaintiff's Complaint)(GUERRIERO, SALVATORE) (Entered: 11/15/2007)
2007-12-14 5 0 MOTION to Stay Pending Outcome of Reexamination by SABERT CORPORATION. (Attachments: # 1 Certificate of Service Certificate of Service)(PANZER, DOUGLAS) (Entered: 12/14/2007)
2008-01-04 6 0 NOTICE of Appearance by ROY HENRY WEPNER on behalf of PAR-PAK, LTD. (Attachments: # 1 Certificate of Service)(WEPNER, ROY) (Entered: 01/04/2008)
2008-01-07 7 0 LETTER ORDER adjourning motion to 2/4/08. Signed by Judge Tonianne J. Bongiovanni on 1/7/08. (lk) (Entered: 01/09/2008)
2008-01-15 8 0 STIPULATION re 1 Complaint enlarging time to move/answer to and including February 18, 2008 by PAR-PAK, LTD.. (WEPNER, ROY) (Entered: 01/15/2008)
2008-01-18 9 0 BRIEF in Opposition re 5 MOTION to Stay Pending Outcome of Reexamination filed by PAR-PAK, LTD.. (Attachments: # 1 Certificate of Service)(WEPNER, ROY) (Entered: 01/18/2008)
2008-01-17 10 0 STIPULATION AND ORDER extending time to answer, ans. due 2/18/08. Signed by Judge Tonianne J. Bongiovanni on 1/16/08. (lk) (Entered: 01/18/2008)
2008-01-28 11 0 REPLY to Response to Motion re 5 MOTION to Stay Pending Outcome of Reexamination filed by SABERT CORPORATION. (PANZER, DOUGLAS) (Entered: 01/28/2008)
2008-01-31 12 0 Letter from Roy H. Wepner, Esq. re 11 Reply to Response to Motion, 5 MOTION to Stay Pending Outcome of Reexamination. (WEPNER, ROY) (Entered: 01/31/2008)
2008-02-06 13 0 Letter from Roy H. Wepner, Esq., submitted in accordance with Court's instructions during telephone conference of 2/4/07. (Attachments: # 1 Text of Proposed Order)(WEPNER, ROY) (Entered: 02/06/2008)
2008-02-08 14 0 ORDER Administratively terminating action; and that either party may move to reinstate this action by Letter to the Court.. Signed by Judge Freda L. Wolfson on 2/8/08. (lk) (Entered: 02/13/2008)
2008-08-13 15 0 Letter from Douglas Panzer on Behalf of Plaintiff Sabert Corp.. (Attachments: # 1 Exhibit Order for Administrative Termination Feb 6 2008, # 2 Exhibit PTO Notice of Intent to Issue Reexam Cert July 15 2008)(PANZER, DOUGLAS) (Entered: 08/13/2008)
2008-08-13 16 0 Letter from Roy H. Wepner, Esq. re 15 Letter. (WEPNER, ROY) (Entered: 08/13/2008)
2008-10-15 17 0 ORDER REOPENING CASE; and that deft's. answer is due 20 days. Signed by Judge Freda L. Wolfson on 10/15/08. (lk) (Entered: 10/16/2008)
2008-10-30 18 0 Corporate Disclosure Statement by PAR-PAK, LTD.. (WEPNER, ROY) (Entered: 10/30/2008)
2008-10-30 19 0 ANSWER to Complaint Affirmative Defenses, COUNTERCLAIM against SABERT CORPORATION by PAR-PAK, LTD.. (Attachments: # 1 Certificate of Service)(WEPNER, ROY) (Entered: 10/30/2008)
2008-10-30 20 0 Corporate Disclosure Statement by PAR-PAK, LTD. identifying The Park-Pak Companies Inc. as Corporate Parent.. (Attachments: # 1 Certificate of Service)(WEPNER, ROY) (Entered: 10/30/2008)
2008-10-30 21 0 Substitution of Attorney - Attorney EZRA SUTTON and JOSEPH EZRA SUTTON for SABERT CORPORATION added. Attorney DOUGLAS PANZER terminated.. (SUTTON, JOSEPH) (Entered: 10/30/2008)
2008-10-30 22 0 NOTICE of Appearance by EZRA SUTTON on behalf of SABERT CORPORATION (SUTTON, EZRA) (Entered: 10/30/2008)
2008-10-31 23 0 ORDER setting scheduling conference for December 22, 2008 at 11:30 a.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/31/08. (ij, ) (Entered: 10/31/2008)
2008-11-21 24 0 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 11/21/2008)
2008-11-21 25 0 MEMORANDUM in Support re 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction Memorandum of Law in Support of Plaintiff Sabert Corporation's Motion for a Preliminary Injunction filed by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 11/21/2008)
2008-11-21 26 0 DECLARATION of Craig Muldrew in Support of Plaintiff Sabert Corporation's Motion for a Preliminary Injunction by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 11/21/2008)
2008-11-21 27 0 DECLARATION of Design Expert Robert John Anders in Support of Sabert Corporation's Motion for Preliminary Injunction by SABERT CORPORATION. (Attachments: # 1 Exhibit A through S)(SUTTON, EZRA) (Entered: 11/21/2008)
2008-11-21 28 0 Letter from Ezra Sutton re 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Plaintiff's Motion for a Preliminary Injunction)(SUTTON, EZRA) (Entered: 11/21/2008)
2008-12-03 29 0 RESPONSE re 19 Answer to Complaint, Counterclaim. (SUTTON, EZRA) (Entered: 12/03/2008)
2008-12-03 30 0 LETTER ORDER Resetting Deadlines as to 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction. Motion set for 1/5/2009 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court.). Signed by Judge Freda L. Wolfson on 7-5437. (lk) (Entered: 12/04/2008)
2008-12-15 31 0 MEMORANDUM in Opposition re 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction filed by PAR-PAK, LTD.. (Attachments: # 1 Brief in Opposition to Sabert's Motion for Preliminary Injunction and in Support of Par-Pak's Cross-Motion for Summary Judgment, # 2 Declaration of Samir Parikh with Exhibits A through I, # 3 Declaration of Roy H. Wepner, Esq., # 4 Exhibit (Exhibits A through C) to Declaration of Roy H. Wepner, Esq., # 5 Exhibit (Exhibits D through O) to Declaration of Roy H. Wepner, Esq., # 6 Statement of Material Facts Not in Dispute, # 7 Text of Proposed Order, # 8 Certificate of Service)(WEPNER, ROY) (Entered: 12/15/2008)
2008-12-12 32 0 ORDER extending deadline for dft. to file opposition papers to 12/15/2008 Signed by Judge Freda L. Wolfson on 12/12/2008. (ss, ) (Entered: 12/15/2008)
2008-12-16 33 0 Cross MOTION for Summary Judgment (SEE docket entry no. 31 for all supporting documents) by PAR-PAK, LTD.. Responses due by 12/22/2008 (WEPNER, ROY) (Entered: 12/16/2008)
2008-12-17 34 0 LETTER ORDER extending time for Par-Pak's opposition to 12/15/08. Signed by Judge Freda L. Wolfson on 12/17/08. (lk) (Entered: 12/17/2008)
2008-12-23 35 0 PRETRIAL SCHEDULING ORDER: Telephone Conference set for 3/3/2009 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 3/20/2009. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/23/2008. (mmh) (Entered: 12/23/2008)
2009-01-09 36 0 PROTECTIVE ORDER. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/8/09. (lk) (Entered: 01/09/2009)
2009-01-12 37 0 ORDER Reset Deadlines as to 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction, 33 Cross MOTION for Summary Judgment (SEE docket entry no. 31 for all supporting documents).( Motion set for 2/2/2009 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court.). Signed by Judge Freda L. Wolfson on 1/12/09. (lk) (Entered: 01/12/2009)
2009-01-19 38 0 REPLY to Response to Motion re 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction, 33 Cross MOTION for Summary Judgment (SEE docket entry no. 31 for all supporting documents) Combined Memorandum of Law in Opposition to Defendant Par-Pak Limited's Motion for Summary Judgment and in Reply to Defendant's Opposition to Plaintiff Sabert Corporation's Cross-Motion for a Preliminary Injunction filed by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 01/19/2009)
2009-01-19 39 0 STATEMENT of Material Facts in Opposition re 33 Cross MOTION for Summary Judgment (SEE docket entry no. 31 for all supporting documents) Sabert's Responses to Par-Pak's Statement of Material Facts not in Dispute filed by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 01/19/2009)
2009-01-19 40 0 DECLARATION of Patent Draftsman Jerry Luzzi in Support of Sabert's Motion for Preliminary Injunction and in Opposition to Par-Pak's Motion for Summary Judgment by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 01/19/2009)
2009-01-19 41 0 DECLARATION of Design Expert Robert John Anders Reply in Support of Sabert Corporation's Motion for Preliminary Injunction and in Opposition to Defendant Par-Pak Limited's Motion for Summary Judgment by SABERT CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(SUTTON, EZRA) (Entered: 01/19/2009)
2009-01-21 42 0 DECLARATION Resubmission for better image quality of Declaration of Design Expert Robert John Anders Reply in Support of Sabert Corporation's Motion for Preliminary Injunction and in Opposition to Defendant Par-Pak Limited's Motion for Summary Judgment by SABERT CORPORATION. (SUTTON, EZRA) (Entered: 01/21/2009)
2009-01-26 43 0 LETTER ORDER extending deadline for reply papers to 1/28/09. Signed by Judge Freda L. Wolfson on 1/23/09. (lk) (Entered: 01/26/2009)
2009-01-27 44 0 REPLY to Response to Motion re 33 Cross MOTION for Summary Judgment (SEE docket entry no. 31 for all supporting documents) filed by PAR-PAK, LTD.. (Attachments: # 1 Statement (Responsive) Pursuant to Local Rule 56.1(a) to Sabert's Supplemental Statement of Disputed Material Facts, # 2 Declaration (Second) of Roy H. Wepner, # 3 Certificate of Service)(WEPNER, ROY) (Entered: 01/27/2009)
2009-01-30 45 0 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 1/30/2009. (mm) (Entered: 01/30/2009)
2009-02-23 46 0 NOTICE of Appearance by PAUL HILGER KOCHANSKI on behalf of PAR-PAK, LTD. (Attachments: # 1 Certificate of Service)(KOCHANSKI, PAUL) (Entered: 02/23/2009)
2009-02-24 47 0 Transcript of TELEPHONE CONFERENCE held on 1/29/2009, before Judge TONIANNE J. BOGIOVANNI. Court Reporter/Transcriber AUDIOEDGE TRANSCRIPTION, LLC, Telephone number (973) 618-2310. NOTICE REGARDING 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 available in electronic format to the public without redaction after ninety(90) calendar days. The redaction policy is located on our website at www.njd.uscourts.gov. Transcripts 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. Redaction Request due 3/17/2009. Redacted Transcript Deadline set for 3/27/2009. Release of Transcript Restriction set for 5/26/2009. (mmh) (Entered: 02/24/2009)
2009-02-25 48 0 MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction by PAR-PAK, LTD.. (Attachments: # 1 Brief, # 2 Declaration (Third) of Roy H. Wepner with exhibits, # 3 Text of Proposed Order, # 4 Certificate of Service)(WEPNER, ROY) (Entered: 02/25/2009)
2009-03-16 49 0 AGREED FIRST MODIFIED PRETRIAL SCHEDULING ORDER Fact Discovery due by 5/20/2009; Telephone Conference set for 7/15/2009 before Judge Tonianne J. Bongiovanni, to be initiated by Pltf. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/13/2009. (mmh) (Entered: 03/16/2009)
2009-03-24 50 0 MEMORANDUM in Opposition re 48 MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injun MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injun Memorandum of law in Opposition to Defendant Par-Pak Limited's Motion to Supplement the Record Regarding Plaintiff's Motion for Preliminary Injunction as to the Asserted "Prior Art" Freshpak Products filed by SABERT CORPORATION. (Attachments: # 1 Exhibit A, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit A3, # 5 Exhibit A4, # 6 Exhibit A5, # 7 Exhibit A6, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit C1, # 11 Exhibit C2, # 12 Exhibit C3, # 13 Exhibit C4, # 14 Exhibit C5, # 15 Exhibit C6, # 16 Exhibit C7, # 17 Exhibit C8, # 18 Exhibit C9, # 19 Index C10, # 20 Exhibit D, # 21 Exhibit E, # 22 Exhibit F, # 23 Exhibit G, # 24 Exhibit H, # 25 Exhibit I, # 26 Exhibit J, # 27 Exhibit K, # 28 Exhibit L, # 29 Exhibit M, # 30 Exhibit N, # 31 Exhibit O)(SUTTON, EZRA) (Entered: 03/24/2009)
2009-03-27 51 0 REPLY to Response to Motion re 48 MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injun MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injun filed by PAR-PAK, LTD.. (Attachments: # 1 Certificate of Service)(WEPNER, ROY) (Entered: 03/27/2009)
2009-05-13 52 0 Letter from Paul H. Kochanski, Esq., regarding discovery issues. (KOCHANSKI, PAUL) (Entered: 05/13/2009)
2009-05-15 53 0 Letter from Paul H. Kochanski, Esq., with Agreed Second Modified Pretrial Scheduling Order. (Attachments: # 1 Text of Proposed Order)(KOCHANSKI, PAUL) (Entered: 05/15/2009)
2009-05-21 54 0 SECOND MODIFIED PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 7/15/2009 11:00 AM before Magistrate Judge Lois H. Goodman. Fact Discovery due by 7/5/2009. Signed by Magistrate Judge Lois H. Goodman on 5/21/2009. (mmh) (Entered: 05/21/2009)
2009-05-28 55 0 Minute Entry for proceedings held before Judge Freda L. Wolfson: Motion Hearing held on 5/28/2009 re 48 MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injun MOTION to Supplement the Record Regarding Plaintiff's Motion for a Preliminary Injunction as to Prior Art Freshpack Products re 31 Memorandum in Opposition of Motion,, 38 Reply to Response to Motion,, 24 First MOTION for Preliminary Injun filed by PAR-PAK, LTD., 24 First MOTION for Preliminary Injunction Notice of Motion for Preliminary Injunction filed by SABERT CORPORATION, 33 Cross MOTION for Summary Judgment (SEE docket entry no. 31 for all supporting documents) filed by PAR-PAK, LTD. Court Reserved Decision. (Court Reporter/Recorder Vincent Russoniello.) (jg, ) (Entered: 05/28/2009)
2009-06-05 56 0 SCHEDULING ORDER: Telephone Conference set for 6/30/2009 10:00 AM before Magistrate Judge Lois H. Goodman.. Signed by Magistrate Judge Lois H. Goodman on 6/5/09. (lk) (Entered: 06/08/2009)
2009-06-18 57 0 Letter from Roy H. Wepner, Esq. re 55 Motion Hearing,,,. (WEPNER, ROY) (Entered: 06/18/2009)
2009-06-23 58 0 Letter from Ezra Sutton in Response to Mr. Wepner's Letter of June 18, 2009 re 57 Letter. (SUTTON, EZRA) (Entered: 06/23/2009)
2009-06-24 59 0 Letter from Paul H. Kochanski regarding upcoming settlement conference. (KOCHANSKI, PAUL) (Entered: 06/24/2009)
2009-06-24 60 0 LETTER ORDER: Telephone Conference set for 7/8/2009 09:30 AM before Magistrate Judge Lois H. Goodman.. Signed by Magistrate Judge Lois H. Goodman on 6/24/09. (lk) (Entered: 06/26/2009)
2009-06-29 61 0 ORDER DISMISSING CASE as settled. Signed by Judge Freda L. Wolfson on 6/29/09. (lk) (Entered: 06/30/2009)
2009-06-30 62 0 Letter from Paul H. Kochanski, Esq., regarding telephone status conference. (KOCHANSKI, PAUL) (Entered: 06/30/2009)
2009-08-17 63 0 FINAL JUDGMENT ON CONSENT. Signed by Judge Freda L. Wolfson on 8/17/09. (lk) (Entered: 08/17/2009)