Case details

Court: nynd
Docket #: 1:15-cv-00233
Case Name: Enthone Inc. v. BASF Corporation
PACER case #: 101423
Date filed: 2015-02-27
Assigned to: Senior Judge Thomas J. McAvoy
Referred to: Magistrate Judge David E. Peebles
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Enthone Inc.
Counter Defendant
 
Christopher V. Fenlon
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John R. Schroeder
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Kyle G. Gottuso
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc W. Vander Tuig
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael L. Koenig
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert M. Evans , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
BASF Corporation
Counter Claimant
 
Robert F. Perry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy G. Barber
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James E. Berger
(See above for address)
ATTORNEY TO BE NOTICED

Joseph D. Eng , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-02-27 1 0 COMPLAINT against BASF Corporation (Filing fee $400 receipt number 3210290) filed by Enthone Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(sfp, ) Modified on 3/4/2015 to correct the receipt number. (amt). (Entered: 03/02/2015)
2015-03-02 2 0 Summons Issued as to BASF Corporation. (sfp, ) (Entered: 03/02/2015)
2015-03-02 3 0 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 6/3/2015 at 10:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/27/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, ) (Entered: 03/02/2015)
2015-03-02 4 0 Report on the Filing and Determination of an Action Regarding a Patent. (sfp, ) (Entered: 03/02/2015)
2015-03-16 5 0 MOTION for Limited Admission Pro Hac Vice of Marc W. VanderTuig Filing fee $100, receipt number 0206-3226055. filed by Enthone Inc.. (Attachments: # 1 Affidavit, # 2 Petition, # 3 Attorney Oath on Admission, # 4 E-Filing Registration, # 5 Certificate of Good Standing, # 6 Order) Motions referred to Randolph F. Treece. (Koenig, Michael) (Entered: 03/16/2015)
2015-03-16 6 0 MOTION for Limited Admission Pro Hac Vice of Robert M. Evans, Jr. Filing fee $100, receipt number 0206-3226105. filed by Enthone Inc.. (Attachments: # 1 Affidavit, # 2 Petition, # 3 Oath on Admission, # 4 E-Filing Registration, # 5 Certificate of Good Standing, # 6 Order) Motions referred to Randolph F. Treece. (Koenig, Michael) (Entered: 03/16/2015)
2015-03-16 7 0 MOTION for Limited Admission Pro Hac Vice of Kyle G. Gottuso Filing fee $100, receipt number 0206-3226159. filed by Enthone Inc.. (Attachments: # 1 Affidavit, # 2 Petition, # 3 Oath on Admission, # 4 E-Filing Registration, # 5 Certificate of Good Standing, # 6 Order) Motions referred to Randolph F. Treece. (Koenig, Michael) (Entered: 03/16/2015)
2015-03-17 8 0 ORDER granting 5 Motion for Limited Admission Pro Hac Vice of Marc W. Vander Tuig, Esq. Signed by Magistrate Judge Randolph F. Treece on 3/17/2015. (mab) (Entered: 03/17/2015)
2015-03-17 9 0 ORDER granting 6 Motion for Limited Admission Pro Hac Vice of Robert M. Evans, Jr., Esq. Signed by Magistrate Judge Randolph F. Treece on 3/17/2015. (mab) (Entered: 03/17/2015)
2015-03-17 10 0 ORDER granting 7 Motion for Limited Admission Pro Hac Vice of Kyle G. Gottuso, Esq. Signed by Magistrate Judge Randolph F. Treece on 3/17/2015. (mab) (Entered: 03/17/2015)
2015-03-27 11 0 AFFIDAVIT of Service for Complaint served on Registered Agent on 3/20/15, filed by Enthone Inc.. (Vander Tuig, Marc) (Entered: 03/27/2015)
2015-04-03 12 0 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Enthone Inc.. (Koenig, Michael) (Entered: 04/03/2015)
2015-04-14 13 0 STIPULATION re 1 Complaint Stipulation extending defendant's time to respond to the complaint until 5/4/2015 by BASF Corporation submitted to Judge Treece. (Berger, James) (Entered: 04/14/2015)
2015-04-16 14 0 TEXT ORDER: Based upon the parties' Stipulatione filed at Dkt. No. 13 , the deadline in which Defendant BASF Corporation is to file an answer or otherwise respond to the Complaint in this matter is extended to May 4, 2015. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 4/16/2015. (mab) (Entered: 04/16/2015)
2015-05-04 15 0 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/8/2015 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 5/22/2015 Reply to Response to Motion due by 5/28/2015. filed by BASF Corporation. (Attachments: # 1 DEFENDANT BASF CORPORATIONS MEMORANDUM IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS) (Berger, James) (Entered: 05/04/2015)
2015-05-04 16 0 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by BASF Corporation identifying Corporate Parent BASF Americas Corporation for BASF Corporation.. (Berger, James) (Entered: 05/04/2015)
2015-05-21 17 0 RESPONSE in Opposition re 15 MOTION to Dismiss for Failure to State a Claim filed by Enthone Inc.. (Attachments: # 1 Exhibit(s) 1 - Superior Amended Complaint, # 2 Declaration Kyle G. Gottuso, # 3 Exhibit(s) Certificate of Service)(Evans, Robert) (Entered: 05/21/2015)
2015-05-27 18 0 CIVIL CASE MANAGEMENT PLAN by Enthone Inc.. (Evans, Robert) (Entered: 05/27/2015)
2015-05-28 19 0 REPLY to Response to Motion re 15 MOTION to Dismiss for Failure to State a Claim - DEFENDANT BASF CORPORATIONS REPLY BRIEF IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS filed by BASF Corporation. (Berger, James) (Entered: 05/28/2015)
2015-06-01 20 0 MOTION for Limited Admission Pro Hac Vice of Timothy G. Barber Filing fee $100, receipt number 0206-3304482. filed by BASF Corporation. (Attachments: # 1 Proposed Order, # 2 Sponsor's Affidavit, # 3 Petition, # 4 Certificate of Good Standing, # 5 Oath, # 6 ECF Registration, # 7 Certificate of Service) Motions referred to Randolph F. Treece. (Berger, James) (Entered: 06/01/2015)
2015-06-02 21 0 NOTICE by Enthone Inc. of Filing Proposed Protective Order/Confidentiality Order (Attachments: # 1 Exhibit(s) Exhibit 1 - Enthone Inc.'s Proposed Protective Order)(Evans, Robert) (Entered: 06/02/2015)
2015-06-04 22 0 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 Days. Joinder of Parties due by 7/3/2015. Amended Pleadings due by 8/21/2015. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. Deadline for completion of Mandatory Mediation is 11/6/2015. The parties and the Court have agreed that this matter will also proceed according to the deadlines set forth in Exhibit A attached to this Uniform Pretrial Scheduling Order. Trial Ready Deadline is 8/22/2016. Jury Trial set for 10/12/2016 at 10:00 AM in Albany, NY before Senior Judge Thomas J. McAvoy. Status Report due by 9/9/2015. Signed by Magistrate Judge Randolph F. Treece on 6/4/2015. (mab) (Entered: 06/04/2015)
2015-06-04 23 0 ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 11/6/2015. The deadline for the parties to select a Mediator is 7/3/2015.. Signed by Magistrate Judge Randolph F. Treece on 6/4/2015. (mab) (Entered: 06/04/2015)
2015-06-04 24 0 ORDER granting 20 Motion for Limited Admission Pro Hac Vice of Timothy G. Barber, Esq. Signed by Magistrate Judge Randolph F. Treece on 6/3/2015. (mab) (Entered: 06/04/2015)
2015-06-19 25 0 Letter Motion from Plaintiff Enthone Inc. for Enthone Inc. requesting Entry of Proposed Protective Order submitted to Judge Treece . (Attachments: # 1 Exhibit(s) 1)(Evans, Robert) (Entered: 06/19/2015)
2015-06-22 26 0 Letter Request / RESPONSE to Motion re 25 Letter Motion from Plaintiff Enthone Inc. for Enthone Inc. requesting Entry of Proposed Protective Order submitted to Judge Treece filed by BASF Corporation. (Attachments: # 1 Exhibit(s) 1-Proposed Protective Order)(Barber, Timothy) Modified on 6/22/2015 to reflect this is a letter request. (sfp, ). (Entered: 06/22/2015)
2015-06-23 27 0 PROTECTIVE ORDER: The Court has weighed the two proposed Protective Orders submitted by the parties in this matter. Dkt. Nos. 25 and 26 . Defendant's proposed Protective Order, Dkt. No. 26 , is ADOPTED and attached hereto. The parties shall proceed accordingly. Signed by Magistrate Judge Randolph F. Treece on 6/23/2015. (Attachments: # 1 Protective/Confidentiality Order adopted by the Court). (mab) (Entered: 06/23/2015)
2015-07-02 28 0 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Hon. Judge David E. Peebles has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: and. Dated: (Gottuso, Kyle) (Entered: 07/02/2015)
2015-07-02 29 0 NOTICE by Enthone Inc. of Joint Selection of a Mediator (Gottuso, Kyle) (Entered: 07/02/2015)
2015-07-13 30 0 NOTICE of Appearance by Robert F. Perry on behalf of BASF Corporation (Perry, Robert) (Entered: 07/13/2015)
2015-08-27 31 0 DECISION AND ORDER granting in part and denying in part Deft's 15 Motion to Dismiss for Failure to State a Claim. The motion is granted in that Enthone's contributory infringement claims are dismissed. The dismissals are without prejudice to re-pleading. Pltf's are granted leave to re-plead by 9/26/15. The motion is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on 8/27/15. (sfp, ) (Entered: 08/27/2015)
2015-09-04 32 0 AMENDED COMPLAINT against BASF Corporation filed by Enthone Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) Certificate of Service)(Evans, Robert) (Entered: 09/04/2015)
2015-09-09 33 0 STATUS REPORT by Enthone Inc.. (Gottuso, Kyle) (Entered: 09/09/2015)
2015-09-11 34 0 Joint Claim Construction and Pre-Hearing Statement by Enthone Inc.. (Attachments: # 1 Exhibit(s) A)(Gottuso, Kyle) (Entered: 09/11/2015)
2015-09-15 35 0 MOTION for Limited Admission Pro Hac Vice of John R. Schroeder Filing fee $100, receipt number 0206-3416536. filed by Enthone Inc.. (Attachments: # 1 Petition for Admission, # 2 Certificate of Good Standing, # 3 E-Filing Registration, # 4 Proposed Order for Admission, # 5 Oath on Admission) Motions referred to Randolph F. Treece. (Koenig, Michael) (Entered: 09/15/2015)
2015-09-21 36 0 ANSWER to 32 Amended Complaint , COUNTERCLAIM against Enthone Inc. by BASF Corporation.(Perry, Robert) (Entered: 09/21/2015)
2015-09-29 37 0 ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Daniel J. Stewart for all further proceedings. Magistrate Judge Randolph F. Treece no longer assigned to case. The case remains assigned to the presiding U.S. District Judge. Signed by Chief Judge Glenn T. Suddaby on 9/28/2015. (mab) (Entered: 09/29/2015)
2015-09-30 38 0 ORDER granting 35 Motion for Limited Admission Pro Hac Vice of John R. Schroeder, Esq. Signed by Magistrate Judge Daniel J. Stewart on 9/29/2015. (mab) (Entered: 09/30/2015)
2015-10-07 39 0 TEXT ONLY ORDER: Parties' 34 Joint Claim Construction Statement is hereby referred to Magistrate Judge Daniel J. Stewart to conduct a Markman Hearing and the issuance of a Report-Recommendation; SO ORDERED - Authorized on 10/07/2015 by Sr. District Judge Thomas J. McAvoy (cml) (Entered: 10/07/2015)
2015-10-14 40 0 Letter Motion for Enthone Inc. requesting Court Order allowing Enthone to amend its Infringement Contentions submitted to Judge Daniel J. Stewart . (Vander Tuig, Marc) (Entered: 10/14/2015)
2015-10-16 41 0 Enthone's ANSWER to 36 Answer to Amended Complaint, Counterclaim by Enthone Inc.. (Attachments: # 1 Exhibit(s) Certificate of Service)(Evans, Robert) (Entered: 10/16/2015)
2015-10-19 42 0 TEXT ORDER: On October 14, 2015, Plaintiff filed a Letter Request seeking permission to amend its Infringement Contentions in this matter pursuant to Local Patent Rule 3.6(a). Dkt. No. 40 . In its Letter Request, Plaintiff states that Defendant consents to this request and that the parties have agreed to a deadline in which Defendant may amend its non-infringement and invalidity contentions to address new asserted claims. Based upon the parties' consent, the requet is GRANTED and Plantiff is permitted to amend its Infringement Contentions. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/19/2015. (mab) (Entered: 10/19/2015)
2015-10-26 43 0 Opening Claim Construction Brief by Enthone Inc.. (Attachments: # 1 Declaration Kyle Gottuso Declaration, # 2 Exhibit(s) Certificate of Service, # 3 Exhibit(s) 1 - '992 Patent, # 4 Exhibit(s) 2 - '786 Patent, # 5 Exhibit(s) 3 - US Pat Pub No 2005-0045488, # 6 Exhibit(s) 4 - Declaration of Dr. Barkey, # 7 Exhibit(s) 5 - Hasegawa Effects of additive on copper electrodeposition, # 8 Exhibit(s) 6 - Moffat, Superconformal Film Growth, # 9 Exhibit(s) 7 - Landau, Simulations of Bottom Up Fill, # 10 Exhibit(s) 8 - Redacted Memo in Support, # 11 Exhibit(s) 9 - 6-18-14 Decision, # 12 Exhibit(s) 10 - Second Declaration of Dr. Barkey)(Vander Tuig, Marc) (Entered: 10/26/2015)
2015-10-26 44 0 Opening Claim Construction Brief by BASF Corporation. (Attachments: # 1 Declaration, # 2 Exhibit(s) A - 992 Patent, # 3 Exhibit(s) B - 786 Patent, # 4 Exhibit(s) C - Pound Declaration, # 5 Exhibit(s) D - Enthone Brief, # 6 Exhibit(s) E - IPR2014-00243 Order, # 7 Exhibit(s) F - IPR2014-00246 Order)(Barber, Timothy) (Entered: 10/26/2015)
2015-10-29 45 0 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge David E. Peebles for all further proceedings. Magistrate Judge Daniel J. Stewart no longer assigned to case. Senior U.S. District Judge Thomas J. McAvoy will remain assigned. Signed by Chief Judge Glenn T. Suddaby on 10/29/15. (sfp, ) (Entered: 10/29/2015)
2015-11-25 46 0 Responsive Claim Construction Brief by Enthone Inc. to Defendant's 44 Opening Claim Construction Brief. (Attachments: # 1 Declaration Kyle Gottuso's Declaration in Support, # 2 Exhibit(s) 11 - '992 Prosecution History, # 3 Exhibit(s) 12 - '786 Prosecution History, # 4 Exhibit(s) 13 - Enthone's Preliminary Proposed Constructions in MLI case, # 5 Exhibit(s) 14 - Excerpt from Prosecution History, # 6 Exhibit(s) Certificate of Service)(Vander Tuig, Marc) Modified on 11/30/2015 to link to appropriate document (sal ). (Entered: 11/25/2015)
2015-11-25 47 0 Responsive Claim Construction Brief by BASF Corporation to Plaintiff's 43 Opening Claim Construction Brief. (Barber, Timothy) Modified on 11/30/2015 (sfp, ). Modified on 11/30/2015 to indicate this is a response and not a reply (sal ). (Entered: 11/25/2015)
2016-01-21 48 0 NOTICE of Appearance by Joseph D. Eng, Jr on behalf of BASF Corporation (Eng, Joseph) (Entered: 01/21/2016)
2016-03-01 49 0 NOTICE by BASF Corporation Notice of Filing Petitions for Inter Partes Review with the US Patent Trial and Appeal Board (Eng, Joseph) (Entered: 03/01/2016)