Case details

Court: nynd
Docket #: 5:08-cv-01305
Case Name: Air Innovations, Inc. v. Barker Company, Limited
PACER case #: 74284
Date filed: 2008-12-04
Date terminated: 2010-06-17
Assigned to: Chief Judge Glenn T. Suddaby
Referred to: Magistrate Judge George H. Lowe
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Air Innovations, Inc.
Plaintiff
Bernhard P. Molldrem
Office of Bernhard P. Molldrem 224 Harrison Street Syracuse, NY 13202 315-422-4323 Fax: 315-422-4318 Email: molldrem@dreamscape.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Barker Company, Limited
Defendant
Daniel T. Simpson
Gallop, Johnson Law Firm 101 South Hanely Suite 1700 St. Louis, MO 63105 314-615-6000 Fax: 314-615-6001 Email: dtsimpson@gjn.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jeffrey H. Kass
Gallop, Johnson Law Firm 101 South Hanely Suite 1700 St. Louis, MO 63105 314-615-6000 Fax: 314-615-6001 Email: jhkass@gjn.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John W. Kepler , III
Gallop, Johnson Law Firm 101 South Hanely Suite 1700 St. Louis, MO 63105 314-615-6000 Fax: 314-615-6255 Email: jwkepler@gjn.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Robert P. Cahalan
Smith, Sovik, Kendrick & Sugnet, P.C. - Syracuse Office 250 South Clinton Street, Suite 600 Syracuse, NY 13202-1252 315-474-2911 Fax: 315-474-6015 Email: rcahalan@smithsovik.com
ATTORNEY TO BE NOTICED

Barker Sales and Service, Inc.
Defendant
Robert P. Cahalan
Smith, Sovik, Kendrick & Sugnet, P.C. - Syracuse Office 250 South Clinton Street, Suite 600 Syracuse, NY 13202-1252 315-474-2911 Fax: 315-474-6015 Email: rcahalan@smithsovik.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-12-04 1 0 PATENT COMPLAINT against Barker Company, Limited (Filing fee $350 receipt number 02060000000001173024) filed by Air Innovations, Inc. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(mnm) Modified on 12/29/2008 to correct party listing for Barker Company, Limited, not Baker Company, Limited. (jmb) (Entered: 12/04/2008)
2008-12-04 2 0 Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) D496,053. (mnm) (Entered: 12/04/2008)
2008-12-04 3 0 Summons Issued as to Barker Company, Limited. (mnm) Modified on 12/29/2008 to change party listing for Barker Company, Limited. (jmb) (Entered: 12/04/2008)
2008-12-04 4 0 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Air Innovations, Inc. (mnm) (Entered: 12/04/2008)
2008-12-04 5 0 G.O. 25 FILING ORDER ISSUED: Initial telephone Conference set for 3/16/2009 01:30 PM before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 3/6/2009. (mnm) (Entered: 12/04/2008)
2008-12-18 6 0 AFFIDAVIT of Service for Proof of Service summons, complaint, corporate disclosure statement served on Barker Company, Ltd on December 10, 2008, filed by Air Innovations, Inc. (Molldrem, Bernhard) Modified on 12/29/2008 to correct party listing for Barker Company, Limited. (jmb) (Entered: 12/18/2008)
2008-12-24 7 0 NOTICE of Appearance by Robert P. Cahalan on behalf of Barker Company, Limited (Cahalan, Robert) Modified on 12/29/2008 to correct party listing to Barker Company, Limited. (jmb) (Entered: 12/24/2008)
2008-12-24 8 0 CERTIFICATE OF SERVICE by Barker Company, Limited re 7 Notice of Appearance (Cahalan, Robert) Modified on 12/29/2008 to correct party listing for Barker Company, Limited. (jmb) (Entered: 12/24/2008)
2008-12-24 9 0 Letter Motion from Robert P. Cahalan, Esq. for Baker Company, Limited requesting Extension of time to answer or otherwise respond submitted to Judge Magistrate George H. Lowe. (Cahalan, Robert) (Entered: 12/24/2008)
2008-12-24 10 0 CERTIFICATE OF SERVICE by Barker Company, Limited, Re 9 Letter Motion from Robert P. Cahalan, Esq., for Barker Company, Limited requesting Extension of time to answer or otherwise respond submitted to Judge Magistrate George H. Lowe (Cahalan, Robert) Modified on 12/29/2008 to correct party listing for Barker Company, Limited. (jmb) (Entered: 12/24/2008)
2009-01-06 11 0 MOTION for Limited Admission Pro Hac Vice of Jeffrey H. Kass Filing fee $30, receipt number 02060000000001191580. filed by Barker Company, Limited. (Attachments: # 1 Affidavit Affidavit of Sponsor, # 2 Oath of Admission, # 3 E-filing registration, # 4 Proposed Order/Judgment) Motions referred to George H. Lowe. (Cahalan, Robert) (Entered: 01/06/2009)
2009-01-09 12 0 NOTICE by Barker Company, Limited re 11 MOTION for Limited Admission Pro Hac Vice of Jeffrey H. Kass Filing fee $30, receipt number 02060000000001191580. Certificate of Good Standing (Cahalan, Robert) (Entered: 01/09/2009)
2009-01-26 13 0 MOTION for Limited Admission Pro Hac Vice of Daniel T. Simpson Filing fee $30, receipt number 02060000000001206153. filed by Barker Company, Limited. (Attachments: # 1 Affidavit Affidavit of Sponsor, Robert P. Cahalan, Esq., # 2 Supreme Court of Missouri Certificate of Admission as an Attorney of Law, # 3 Oath on Admission, # 4 New Attorney E-Filing Registration Form, # 5 Proposed Order/Judgment) Motions referred to George H. Lowe. (Cahalan, Robert) (Entered: 01/26/2009)
2009-01-27 14 0 ORDER granting 13 Motion for Limited Admission Pro Hac Vice as to Daniel Simpson. Signed by Magistrate Judge George H. Lowe on 1/27/09. (rjb, ) (Entered: 01/27/2009)
2009-01-27 15 0 ORDER granting 11 Motion for Limited Admission Pro Hac Vice as to Jeffrey Kass. Signed by Magistrate Judge George H. Lowe on 1/27/09. (rjb, ) (Entered: 01/27/2009)
2009-01-29 16 0 MOTION for Limited Admission Pro Hac Vice of John W. Kepler Filing fee $30, receipt number 02060000000001210504. filed by Barker Company, Limited. (Attachments: # 1 Affidavit of Sponsor Robert P. Cahalan, Esq., # 2 Oath On Admission, # 3 Supplement Certificate of Admission as an Attorney at Law, # 4 New Attorney E-Filing Registration Form, # 5 Proposed Order/Judgment) Motions referred to George H. Lowe. (Cahalan, Robert). (Entered: 01/29/2009)
2009-01-30 17 0 Letter Motion from Robert P. Cahalan, Esq. for Barker Company, Limited requesting Protectively request a three day extension to answer submitted to Judge Hon. George H. Lowe. (Cahalan, Robert) (Entered: 01/30/2009)
2009-01-30 18 0 MOTION to Dismiss for Lack of Personal Jurisdiction Motion Hearing set for 3/5/2009 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 2/17/2009 Reply to Response to Motion due by 2/23/2009. filed by Barker Company, Limited. (Attachments: # 1 Declaration Declaration of Tim McMahon, # 2 Memorandum of Law Memorandum in Support, # 3 Corporate Disclosure Statement, # 4 Certificate of Service) (Cahalan, Robert) (Entered: 01/30/2009)
2009-02-10 19 0 ORDER granting 16 Motion for Limited Admission Pro Hac Vice as to John W. Kepler. Signed by Magistrate Judge George H. Lowe on 2/10/09. (rjb, ) (Entered: 02/10/2009)
2009-02-11 20 0 Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss, filed by Air Innovations, Inc.. Motions referred to George H. Lowe. (Molldrem, Bernhard) (Entered: 02/11/2009)
2009-02-17 21 0 AMENDED COMPLAINT (first) against all defendants filed by Air Innovations, Inc.. (Attachments: # 1 Exhibit(s) US Pat D 496,053, # 2 Proposed Summons summons)(Molldrem, Bernhard) (Entered: 02/17/2009)
2009-02-19 22 0 Summons Issued as to Barker Sales and Service, Inc. (jmb) (Entered: 02/19/2009)
2009-02-27 23 0 MOTION to Dismiss for Lack of Personal Jurisdiction Motion Hearing set for 5/14/2009 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 4/27/2009 Reply to Response to Motion due by 5/4/2009. filed by Barker Company, Limited, Barker Sales and Service, Inc.. (Attachments: # 1 Declaration J. Patrick MacMahon, # 2 Memorandum In Support, # 3 Corporate Disclosure Statement, # 4 Certificate of Service) (Cahalan, Robert) (Entered: 02/27/2009)
2009-03-05 24 0 Letter Motion from Plaintiffs counsel for Air Innovations, Inc. requesting entry of protective order submitted to Judge Lowe. (Attachments: # 1 Proposed Order/Judgment Stipulated Protective Order)(Molldrem, Bernhard) (Entered: 03/05/2009)
2009-03-06 25 0 STIPULATED PROTECTIVE ORDER -- Signed by Magistrate Judge George H. Lowe on 3/6/09. (mnm) (Entered: 03/06/2009)
2009-03-26 26 0 CERTIFICATE OF SERVICE by Air Innovations, Inc. re 22 Summons Issued February 19, 2009 (Molldrem, Bernhard) (Entered: 03/26/2009)
2009-04-27 27 0 RESPONSE in Opposition re 23 MOTION to Dismiss for Lack of Personal Jurisdiction - Plaintiff's Memorandum, filed by Air Innovations, Inc.. (Attachments: # 1 Exhibit(s) certificate of service, # 2 Declaration Declaration of John Patalita, # 3 Declaration Attorney Declaration, # 4 Exhibit(s) Exhibit A, # 5 Exhibit(s) Exhibit B, # 6 Exhibit(s) Exhibit C)(Molldrem, Bernhard) (Entered: 04/27/2009)
2009-04-28 28 0 RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Personal Jurisdiction, 23 MOTION to Dismiss for Lack of Personal Jurisdiction (supplemental letter) filed by Air Innovations, Inc.. (Molldrem, Bernhard) (Entered: 04/28/2009)
2009-04-29 29 0 ***SEALED DOCUMENT: Exhibit B to Attorney Affidavit (Dkt # 27 ). Filed traditionally with the Clerk's office and not available for electronic view. (lmw) (Entered: 04/29/2009)
2009-04-29 30 0 ORDER to seal Document # 29 Exhibit A to Attorney Affidavit in Document # 27 . Signed by Judge Glenn T. Suddaby on 4/29/09. (lmw) (Entered: 04/29/2009)
2009-05-05 31 0 REPLY to Response to Motion re 23 MOTION to Dismiss for Lack of Personal Jurisdiction Reply filed by Barker Company, Limited, Barker Sales and Service, Inc.. (Cahalan, Robert) (Entered: 05/05/2009)
2009-05-05 32 0 CERTIFICATE OF SERVICE of Reply to Response to 23 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Barker Company, Limited, Barker Sales and Service, Inc.. (Cahalan, Robert) Modified on 5/6/2009 (dmf, ). (Entered: 05/05/2009)
2009-11-02 33 0 LETTER BRIEF (informational) by Air Innovations, Inc.. (Molldrem, Bernhard) (Entered: 11/02/2009)
2010-01-18 34 0 Letter Motion from Robert P. Cahalan, Esq. for Barker Company, Limited, Barker Sales and Service, Inc. requesting Information submitted to Judge Hon. George H. Lowe. (Attachments: # 1 Exhibit(s))(Cahalan, Robert) (Entered: 01/18/2010)
2010-01-26 35 0 LETTER BRIEF to Mag. J. Lowe by Air Innovations, Inc.. (Attachments: # 1 Exhibit(s) Barker/HillPhoenix Press Rel)(Molldrem, Bernhard) (Entered: 01/26/2010)
2010-01-28 36 0 AMENDED CORPORATE DISCLOSURE STATEMEN by Barker Company, Limited, Barker Sales and Service, Inc.. Amended Corporate Disclosure Statement. (Attachments: # 1 Affidavit)(Cahalan, Robert) Modified on 1/29/2010 to reflect "amended" (mnm). (Entered: 01/28/2010)
2010-01-28 37 0 Letter Motion from Robert P. Cahalan, Esq. for Barker Company, Limited, Barker Sales and Service, Inc. requesting Informational regarding Amended Corporate Disclosure submitted to Judge Hon. George H. Lowe. (Cahalan, Robert) (Entered: 01/28/2010)
2010-06-17 38 0 ORDER TRANSFERRING CASE to District of Iowa, Motions terminated: the defendant's motion 23 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Barker Company, Limited, Barker Sales and Service, Inc. is denied. The defendant's alternative motion to transfer venue to USDC SDIA is granted. Signed by Judge Glenn T. Suddaby on 6/17/10. (mnm) (Entered: 06/17/2010)
2010-06-30 39 0 Letter from the Clerk, transferring SEALED documents #29 & 30 to Southern District of Iowa. Service via USPS certified return receipt. (mnm) (Entered: 06/30/2010)
2010-07-26 40 0 Acknowledgment from the Southern District of Iowa regarding receipt of sealed documents 29 and 30. (Entered: 07/27/2010)
2011-06-20 41 0 Letter from the Court forwarding the sealed documents to the Southern District of Iowa. (mnc) (Entered: 06/20/2011)