| Court: | nyed |
| Docket #: | 9:99-cv-00494 |
| Case Name: | Scientific Indus. v. VWR Scientific Pro., et al |
| PACER case #: | 214733 |
| Date filed: | 1999-01-26 |
| Date terminated: | 1999-12-07 |
| Assigned to: | Judge Thomas C. Platt |
| Referred to: | Magistrate Judge Arlene R. Lindsay |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Scientific Industries, Inc. Plaintiff |
Catherine Palmer James S. Blank Allison Hoch Altersohn Robert C. Faber |
| VWR Scientific Products Defendant |
Gary L. Azorsky Mark Nathanson |
| Troemner, Inc. Defendant |
Gary L. Azorsky Joel S. Goldhammer Mark Nathanson Mitchell J. Devack |
| VWR Scientific Products Counter Claimant |
Mark Nathanson |
| Troemner, Inc. Counter Claimant |
Joel S. Goldhammer Mark Nathanson Mitchell J. Devack |
| Scientific Industries, Inc. Counter Defendant |
Allison Hoch Altersohn Robert C. Faber Catherine Palmer James S. Blank |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1999-01-26 | 1 | 0 | COMPLAINT filed and summons(es) issued for VWR Scientific Pro., Troemner, Inc. FILING FEE $ 150.00 RECEIPT # 215214 (Jafer, Halide) (Entered: 02/01/1999) | |||
| 1999-02-05 | 2 | 0 | RETURN OF SERVICE executed as to VWR Scientific Pro., Troemner, Inc. 1/27/99 Answer due on 2/16/99 for Troemner, Inc., for VWR Scientific Pro. (Branciforte, Ralph) (Entered: 02/08/1999) | |||
| 1999-02-18 | 3 | 0 | LETTER dated 2/17/99 from Robert Faber to USDJ Platt RE: Requesting a pre-motion conference for Motion for Preliminary Injunction and Recall Order. (Branciforte, Ralph) (Entered: 02/23/1999) | |||
| 1999-03-01 | 4 | 0 | LETTER dated 2/25/99 from Robert Faber to USDJ Platt RE: Confirmation that a pre-motion conference has been scheduled for 3/12/99 @ 10:30 AM for a motion for Preliminary Injunction. (Branciforte, Ralph) (Entered: 03/11/1999) | |||
| 1999-03-05 | 5 | 0 | STIPULATION and ORDER resetting answer due for 3/8/99 for Troemner, Inc. ( signed by Judge Thomas C. Platt ) CM (Branciforte, Ralph) (Entered: 03/11/1999) | |||
| 1999-03-12 | 6 | 0 | Calendar entry: Before USDJ Platt on 3/12/99 @ 10:30 AM. Civil Cause For Pre-Motion Conference (PLaintiff's motion for preliminary injunctions to prevent defendants from manufacturing, displaying, offering for sale and selling their imitation vortex mixers that infringe the '487 patent and have a confusingly similar trade dress). Case called. Counsel for parties present. C/R Jennifer Maue. PMC held. Following schedule set: movant's papers to be served on 3/17/99 , Response to motion on 4/14/99 , Reply to Response to Motion on 4/23/99 , setting motion filing deadline for 4/23/99 , Motion hearing set for 4/30/99 @ 11:00 AM (Branciforte, Ralph) (Entered: 03/16/1999) | |||
| 1999-03-18 | 7 | 0 | ANSWER by Scientific Indus. to Defendants' [8-1] Counterclaim (Branciforte, Ralph) Modified on 03/23/1999 (Entered: 03/19/1999) | |||
| 1999-03-08 | 8 | 0 | ANSWER to Complaint and COUNTERCLAIM by VWR Scientific Pro., Troemner, Inc. against Scientific Indus. (Jafer, Halide) (Entered: 03/22/1999) | |||
| 1999-04-02 | 9 | 0 | MOTION by Troemner, Inc. for Joel S. Goldhammer to appear pro hac vice for Troemner, Inc. , Motion hearing (Branciforte, Ralph) (Entered: 04/15/1999) | |||
| 1999-04-02 | 10 | 0 | DECLARATION by Joel Goldhammer in support of [9-1] motion for Joel S. Goldhammer to appear pro hac vice for Troemner, Inc. (Branciforte, Ralph) (Entered: 04/15/1999) | |||
| 1999-04-13 | 11 | 0 | ORDER dtd. 4/13/99 granting [9-1] motion for Joel S. Goldhammer to appear pro hac vice for Troemner, Inc. ( signed by Judge Thomas C. Platt ) CM (Branciforte, Ralph) (Entered: 04/15/1999) | |||
| 1999-04-14 | 12 | 0 | NOTICE of attorney appearance for Scientific Indus., Scientific Indus. by Catherine Palmer (Branciforte, Ralph) (Entered: 04/16/1999) | |||
| 1999-04-14 | 13 | 0 | NOTICE of attorney appearance for Scientific Indus., Scientific Indus. by James S. Blank (Branciforte, Ralph) (Entered: 04/16/1999) | |||
| 1999-04-21 | 14 | 0 | MOTION by Scientific Indus. for preliminary injunction and recall order , Motion hearing (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 15 | 0 | MEMORANDUM by Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 16 | 0 | AFFIDAVIT by James S. Blank for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 17 | 0 | AFFIDAVIT by Lowell Kleiman for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 18 | 0 | AFFIDAVIT by Robert P. Nichols for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 19 | 0 | AFFIDAVIT by Jerry Gerdes for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 20 | 0 | AFFIDAVIT by Donald W. Lyons for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 21 | 0 | CORRECTED DECLARATION by Barry Gross for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 22 | 0 | DECLARATION by Barry Gross for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 23 | 0 | MEMORANDUM by VWR Scientific Pro., Troemner, Inc. in opposition to Plaintiff's [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 24 | 0 | DECLARATION by James W. Stanton for VWR Scientific Pro., Troemner, Inc. in opposition to [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 25 | 0 | REPLY MEMORANDUM OF LAW by Scientific Indus. in further support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 26 | 0 | SUPPLEMENTAL DECLARATION by Lowell Kleiman for Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-21 | 27 | 0 | SUPPLEMENTAL DECLARATION by Robert P. Nichols Scientific Indus. in support of [14-1] motion for preliminary injunction and recall order (Branciforte, Ralph) (Entered: 04/23/1999) | |||
| 1999-04-30 | 28 | 0 | FAXED LETTER dated 4/30/99 from Catherine Palmer to Judge Platt RE: Pursuant to the Court's instructions after today's hearing in the above referenced matter, enclosed is a proposed preliminary injunction and recall order. (O'Hara, Karen) (Entered: 05/03/1999) | |||
| 1999-04-30 | 29 | 0 | EXHIBITS IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND RECALL ORDER. (O'Hara, Karen) (Entered: 05/03/1999) | |||
| 1999-04-30 | 30 | 0 | Calendar entry: Before Judge Platt on 4/30/99 at 11:00 a.m. Civil motion. Case called. Counsel for all sides present. No appearance by Robert Faber. C/R: Ron Tolkin. Plaintiff's motion for preliminary injunction argued. Decision reserved. (O'Hara, Karen) (Entered: 05/03/1999) | |||
| 1999-05-06 | 31 | 0 | ORDER, setting status conference for 2:00 7/9/99 before Magistrate-Judge Arlene R. Lindsay ( signed by Magistrate-Judge Arlene R. Lindsay dated: 5/6/99 ) CM (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-04-30 | 32 | 0 | LETTER dated 4/30/99 from Mitchell Devack to USDJ Platt RE: Providing the Court with information regarding the defendants' past and anticipated sales. Taking into consideration all of the foregoing, Troemner and VWR request a bond of $1,609,500.00 in the event the Court determines that a preliminary injunction should issue. We are also in recipt of a copy of the proposed order from plaintiff's counsel and defendants object for certain reasons. (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-04-27 | 33 | 0 | LETTER dated 4/26/99 from Joel Goldhammer to USDJ Platt RE: Defendants request a three week postponement of the 4/30/99 hearing. This postponement is necessay to depose Donald Lyons, Plaintiff's belatedly identified expert, to select and educate an expert witness who will testify on behalf of Defendants, and to permit the expert to prepare his report. (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-04-27 | 34 | 0 | MOTION by VWR Scientific Pro., Troemner, Inc. for Gary Azorsky to appear pro hac vice for Defendants , Motion hearing (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-04-27 | 35 | 0 | AFFIDAVIT by Gary Azorsky in support of [34-1] motion for Gary Azorsky to appear pro hac vice for Defendants (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-04-27 | 36 | 0 | ORDER granting [34-1] motion for Gary Azorsky to appear pro hac vice for Defendants ( signed by Judge Thomas C. Platt dated: 4/27/99 ) CM (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-05-03 | 37 | 0 | ORDER granting [14-1] motion for preliminary injunction. Defendants, their officer, agents, etc. are preliminarily enjoined from using, manufacturing, distributing, selling, offering for sale, advertising or pomoting the product known as the "VWR brand Mini Vortexer" mixer. The Court finds that plaintiff has met its burden for preliminary injunction purposes of establishing a likelihood of success on the merits for its trade dress infringement claims. Defendants shall file with this court and serve upon plaintiff, within 30 days after entry of this order, a written report under oath setting forth in detail the manner in which defendants have complied with the requirements set forth in paragraph 1. Plaintiff shall pst a bond in the amount of $500,000 by 5/7/99. ( signed by Judge Thomas C. Platt dated: 5/3/99 ) CM (Branciforte, Ralph) (Entered: 05/13/1999) | |||
| 1999-05-03 | 38 | 0 | LETTER dated 5/3/99 from Catherine Palmer to USDJ Platt RE: Addressing Mr. Devack's 4/30/99 letter to the Court. The methodology that Defendants employ in order to arrive at the requested bond amount is flawed in a number of respects. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-05 | 39 | 0 | LETTER dated 5/5/99 from Joel Goldhammer to USDJ Platt RE: Defendant's request an emergency pre-motion conference so that they may submit a proposed order that makes clear that Defendants are preliminary enjoined only from selling, etc., a vortex mixer having the housing configuration which Plaintiff has asserted is protectable. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-06 | 40 | 0 | LETTER dated 5/6/99 from Catherine Palmer to USDJ Platt RE: In response to Mr. Goldhammer's 5/5/99 letter to your Honor, an emergency pre-motion conference is not necessary. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-07 | 41 | 0 | LETTER dated 5/7/99 from Joel Goldhammer to USDJ Platt RE: Defendants request that the Court, at the time of the emergency pre-motion conference regarding amendment of the 5/3/99 Order, also hold a pre-motion conference regarding filing by Defendants of a motion for stay of the Court's 5/3/99 order pending appeal. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-07 | 42 | 0 | LETTER dated 5/7/99 from Joel Goldhammer to USDJ Platt RE: Ms. Palmer's 5/6/99 letter highlights the very reason why an emergency pre-motion conference is necessary. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-07 | 43 | 0 | NOTICE of FILING BOND by Scientific Indus. pursuant to the Court's 5/3/99 preliminary injunction order. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-07 | 44 | 0 | BOND for injunction in the amount of $ 500,000 entered by Scientific Indus. United States Fidelity and Guaranty as Surety. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-10 | 45 | 0 | LETTER dated 5/10/99 from Catherine Palmer to USDJ Platt RE: Attaching a new preliminary injunction order for Your Honor's consideration. (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-11 | 46 | 0 | SUPERSEDING ORDER granting [14-1] motion for preliminary injunction. Defendant VWR Scientific Products and Troemner inc. and their agents, officers, etc., are preliminary enjoined from using, manufacturing, distributing, selling, offering for sale, advertising or promoting a vortex mixer having a housing configuration comprised of (a) a cast iron sand mold casing with (b) a pyramid shape that includes trapezoidal shaped sides with (c) a sloped front portion, (d) sloping trapezoidal sides, (e) a rectangular shaped base portion, and (f) a flat trapezoidally shaped back portion( the "Trade Dress"), and all colorable imitations of the Trade Dress. The Court finds that plaintiff has met its burden for preliminary injunction purposes of establishong a likelihood of success on the merits for its trade dress infringement claim. Defendants shall file with this Court and serve upon Plaintiff, with in 30 days after entry of this Order, a written report under oath setting forth in detail the manner in which defendants have complied with the requirements set forth in paragraph 1. Plaintiff shall post a bond in the amount of $500,000 by 5/7/99. This order supersedes and replaces the Court's order of 5/3/99. ( signed by Judge Thomas C. Platt dated: 5/11/99 ) CM (Branciforte, Ralph) (Entered: 05/14/1999) | |||
| 1999-05-13 | 47 | 0 | NOTICE OF APPEAL by VWR Scientific Pro., Troemner, Inc. Fee Paid $ 105.00 Receipt # 49755 Copy of notice of appeal, cover memo and certified copy of docket sheet forwarded to USCA appealing [46-1] order. (Jafer, Halide) (Entered: 05/14/1999) | |||
| 1999-05-14 | 48 | 0 | MOTION HEARING TRANSCRIPT filed for dates of 4/30/99 @ 11:00 AM before USDJ Platt. C/R Ronald Tolkin. (Branciforte, Ralph) (Entered: 05/18/1999) | |||
| 1999-05-24 | 49 | 0 | LETTER dated 5/21/99 from Samuel N. McLamore to Federal Circuit Ct. Of Appeals re: The enc. NOA was mistakenly sent to the COA for the 2nd Circuit. (Jafer, Halide) (Entered: 05/26/1999) | |||
| 1999-05-30 | 50 | 0 | ORDER for a protective order ( signed by Judge Thomas C. Platt , on 5/30/99 ) CM (Branciforte, Ralph) (Entered: 06/04/1999) | |||
| 1999-06-07 | 51 | 0 | Copy of Transcript Purchase Order form, by counsel for dfts-apps, from USCA stating transcript is already on file. (Jafer, Halide) (Entered: 06/07/1999) | |||
| 1999-06-03 | 52 | 0 | NOTICE of Docketing from the USCA for the Federal Circuit. USCA #99-1408 dated of docketing 5/27/99. (O'Hara, Karen) (Entered: 06/10/1999) | |||
| 1999-06-14 | 53 | 0 | DECLARATIONS by Randy Arner and Wilbert Abele submitted by VWR Scientific Pro., Troemner, Inc. RE: Compliance with preliminary injunction order. (Branciforte, Ralph) (Entered: 06/15/1999) | |||
| 1999-07-09 | 54 | 0 | Calendar entry: Before USMJ Lindsay on 7/9/99 @ 2:00 PM. Civil Cause For Initial Conference. Case called. Counsel for parties present. Pre-trial Scheduling order adopted. Rulings: Defendant's discovery responses due 7/16/99 as to first request only. Customer lists to be delivered at same time--subject to protective order previouslt agreed to. Second discovery response due 7/23. Plaintiff to outline for defendant their plan for obtaining customer discovery prior to contacting customers. Defendants may present any objections they may have to the court. Defendants may not upon learning plaintiffs discovery approach, contact any customers to forewarn them they will be contacted. Defendants to advise the court by 7/16 whether it opposes plaintiffs proposed amendment. CM (Branciforte, Ralph) (Entered: 07/15/1999) | |||
| 1999-07-09 | 55 | 0 | PRE-TRIAL SCHEDULING ORDER setting Fact Discovery cutoff 9/27/99 ; ( signed by Magistrate-Judge Arlene R. Lindsay , on 7/9/99) CM (Branciforte, Ralph) (Entered: 07/15/1999) | |||
| 1999-07-09 | 56 | 0 | STIPULATION and ORDER REGARDING DISCOVERY PLAN Discovery schedule set; Applications for pre-motion conference by 12/8/99; Pretrial order on 12/14/99; settlement confernece set for 12/15/99 @ 10:00 AM. ( signed by Magistrate-Judge Arlene R. Lindsay ) CG (Branciforte, Ralph) (Entered: 07/15/1999) | |||
| 1999-07-26 | 57 | 0 | LETTER dated 7/24/99 from Margret Caruso to Clerk of the Court RE: Enclosing the Amended Complaint. (Branciforte, Ralph) (Entered: 07/27/1999) | |||
| 1999-07-26 | 58 | 0 | FIRST AMENDED COMPLAINT by Scientific Indus. , (Answer due 8/5/99 for Troemner, Inc., for VWR Scientific Pro. ) amending [1-1] complaint (Branciforte, Ralph) (Entered: 07/27/1999) | |||
| 1999-08-04 | 59 | 0 | LETTER dated 8/3/99 from Joel Goldhammer to USDJ Platt RE: Defendant's request a pre-motion conference for a motion to dismiss. (Branciforte, Ralph) (Entered: 08/11/1999) | |||
| 1999-09-14 | 60 | 0 | PRE-MOTION CONFERENCE TRANSCRIPT filed for dates of 3/12/99 @ 11:00 AM before USDJ Platt; C/R Jennifer Maue. (Branciforte, Ralph) (Entered: 09/14/1999) | |||
| 1999-12-07 | 61 | 0 | CONSENT ORDER, That the superseding preliminary injunction order dated 5/11/99 is hereby vacated; and that this action is hereby dismissing with prejudice, with each party to bear its own costs and attorney's fees. ( signed by Judge Thomas C. Platt, on 12/7/99) c/m (O'Hara, Karen) (Entered: 12/16/1999) | |||
| 1999-12-09 | 62 | 0 | LETTER dated 12/8/99 from Catherine Palmer to Mag. Judge Lindsay re: We are pleased to report that the parties have settled. A stipulated order of dismissal was presented to Judge Platt on 12/6/99. Accordingly the deadlines and conference dates set forth in the scheduling order are no longer necessary. (O'Hara, Karen) (Entered: 01/04/2000) | |||
| 2000-01-03 | 63 | 0 | MANDATE OF USCA, Federal Circuit (certified copy) Re: ORDERED that the proceeding is DISMISSED under Fed. R. App. P. 42(b). Copy forwarded to chambers. (Jafer, Halide) (Entered: 01/13/2000) | |||
| 2000-01-22 | 64 | 0 | TRANSCRIPT of Deposition of Ken Kopf filed for the date of 4/9/99 (Imrie, Robert) (Entered: 11/28/2000) |