Case details

Court: nysd
Docket #: 1:05-cv-08093
Case Name: Intelifuse, Inc. v. Biomedical Enterprises, Inc.
PACER case #: 273908
Date filed: 2005-09-19
Date terminated: 2011-01-19
Assigned to: Judge Laura Taylor Swain
Referred to: Magistrate Judge James L. Cott
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Intelifuse, Inc.
Counter Defendant
 
Dwight Yellen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carrie Ann Hanlon
(See above for address)
ATTORNEY TO BE NOTICED

Eleanor Nancy Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Lloyd Noble Shields
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Biomedical Enterprises, Inc.
Counter Claimant
 
David R. Francescani
(See above for address)
LEAD ATTORNEY

Irene E. Hudson
(See above for address)
ATTORNEY TO BE NOTICED

Michael Frank Autuoro
(See above for address)
ATTORNEY TO BE NOTICED

Stefan Radoslav Stoyanov
(See above for address)
TERMINATED: 04/24/2007
Biomedical Enterprises, Inc.
Counter Claimant
 
David R. Francescani
(See above for address)
LEAD ATTORNEY

Alison Joy Arnold
(See above for address)
TERMINATED: 04/24/2007

Irene E. Hudson
(See above for address)
ATTORNEY TO BE NOTICED

Michael Frank Autuoro
(See above for address)
ATTORNEY TO BE NOTICED

Stefan Radoslav Stoyanov
(See above for address)
TERMINATED: 04/24/2007
Intelifuse, Inc.
Counter Defendant
 
Dwight Yellen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carrie Ann Hanlon
(See above for address)
ATTORNEY TO BE NOTICED

Eleanor Nancy Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Lloyd Noble Shields
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Biomedical Enterprises, Inc.
Counter Claimant
 
David R. Francescani
(See above for address)
LEAD ATTORNEY

Irene E. Hudson
(See above for address)
ATTORNEY TO BE NOTICED

Michael Frank Autuoro
(See above for address)
ATTORNEY TO BE NOTICED

Stefan Radoslav Stoyanov
(See above for address)
TERMINATED: 04/24/2007
Intelifuse, Inc.
Counter Defendant
 
Dwight Yellen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carrie Ann Hanlon
(See above for address)
ATTORNEY TO BE NOTICED

Eleanor Nancy Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Lloyd Noble Shields
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-09-19 1 0 COMPLAINT against Biomedical Enterprises, Inc.. (Filing Fee $ 250.00, Receipt Number 555664)Document filed by Intelifuse, Inc..(rdi, ) Additional attachment(s) added on 9/26/2005 (lb, ). (Entered: 09/22/2005)
2005-09-19 2 0 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Intelifuse, Inc..(rdi, ) Additional attachment(s) added on 9/26/2005 (lb, ). (Entered: 09/22/2005)
2005-09-29 3 0 AFFIDAVIT OF SERVICE. Biomedical Enterprises, Inc. served on 9/27/2005, answer due 10/17/2005. Service was accepted by Casey Fox, CEO. Document filed by Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 09/29/2005)
2005-10-05 4 0 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/6/2006 02:00 PM before Judge Laura Taylor Swain, in courtroom No. 1305, 40 Foley Square. (Signed by Judge Laura Taylor Swain on 10/5/05) (jco, ) (Entered: 10/06/2005)
2005-10-17 5 0 STIPULATION AND ORDER; extend Biomedical Enterprises, Inc. time to answer to 11/16/2005. (Signed by Judge Laura Taylor Swain on 10/14/05) (sac, ) (Entered: 10/18/2005)
2005-11-16 6 0 NOTICE of Appearance by Kevin J. Culligan on behalf of Biomedical Enterprises, Inc. (Culligan, Kevin) (Entered: 11/16/2005)
2005-11-16 7 0 NOTICE of Appearance by Jeffrey David Blake on behalf of Biomedical Enterprises, Inc. (Blake, Jeffrey) (Entered: 11/16/2005)
2005-11-16 8 0 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Biomedical Enterprises, Inc..(Blake, Jeffrey) (Entered: 11/16/2005)
2005-11-16 9 0 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Intelifuse, Inc.. Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Blake, Jeffrey) (Entered: 11/16/2005)
2005-11-17 10 0 CERTIFICATE OF SERVICE of Answer and Counterclaim; Rule 7.1 Statement served on Intelifuse, Inc. on November 16, 2005. Service was made by Overnight Mail. Document filed by Biomedical Enterprises, Inc.. (Blake, Jeffrey) (Entered: 11/17/2005)
2005-12-02 11 0 ANSWER to Counterclaim. Document filed by Intelifuse, Inc..(Johnson, Eleanor) (Entered: 12/02/2005)
2005-12-30 12 0 PRELIMINARY PRETRIAL STATEMENT . Submitted on behalf of all parties. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc..(Culligan, Kevin) (Entered: 12/30/2005)
2006-01-09 13 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial. Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Laura Taylor Swain on 1/6/06) (cd, ) (Entered: 01/09/2006)
2006-01-11 14 0 NOTICE OF APPEARANCE by A. Joy Arnold on behalf of Biomedical Enterprises, Inc., Biomedical Enterprises, Inc. (Arnold, A.) (Entered: 01/11/2006)
2006-01-11 15 0 AMENDED PRELIMINARY PRETRIAL STATEMENT. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc..(Culligan, Kevin) (Entered: 01/11/2006)
2006-01-12 16 0 PRE-TRIAL SCHEDULING ORDER: Amended Pleadings due by 4/21/2006. Joinder of Parties due by 4/21/2006. Discovery due by 12/8/2006. (Signed by Judge Laura Taylor Swain on 1/11/2006) (lb, ) (Entered: 01/12/2006)
2006-03-14 17 0 JOINT MOTION for Protective Order. Document filed by Intelifuse, Inc., Intelifuse, Inc.. (Attachments: # 1 Text of Proposed Stipulated Protective Order)(Johnson, Eleanor) (Entered: 03/14/2006)
2006-03-21 18 0 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Douglas F. Eaton on 3/21/06) (kco, ) (Entered: 03/21/2006)
2006-03-21 19 0 MEMO ENDORSEMENT on re: 17 JOINT MOTION for Protective Order filed by Intelifuse, Inc. SO ORDERED. (Signed by Judge Douglas F. Eaton on 3/21/06) (kco, ) (Entered: 03/21/2006)
2006-04-21 20 0 AMENDED ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Intelifuse, Inc., Intelifuse, Inc.. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 04/21/2006)
2006-05-11 21 0 REPLY re: 20 Amended Answer to Complaints, Counterclaim. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 05/11/2006)
2006-07-14 22 0 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc..(Johnson, Eleanor) (Entered: 07/14/2006)
2006-07-14 23 0 STIPULATION AND ORDER REGARDING CLAIM CONSTRUCTION BRIEFING SCHEDULE So Ordered. (Signed by Judge Laura Taylor Swain on 7/14/06) (jco, ) (Entered: 07/17/2006)
2006-07-19 24 0 JOINT CLAIM CONSTRUCTION STATEMENT So Ordered. (Signed by Judge Laura Taylor Swain on 7/17/06) (jco, ) (Entered: 07/19/2006)
2006-08-18 25 0 MEMORANDUM OF LAW BioMedical Enterprises, Inc.'s Opening Brief Concerning the Proper Construction of the Claims of the Patents-in-Suit. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc., Biomedical Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Arnold, Alison) (Entered: 08/18/2006)
2006-08-18 26 0 BRIEF InteliFUSE, Inc.'s Opening Claim Construction Brief. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Attachments: # 1 Appendix Appendix A# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Johnson, Eleanor) (Entered: 08/18/2006)
2006-08-18 27 0 BRIEF re: 26 Brief, Exhibits E-Q to InteliFUSE, Inc.'s Opening Claim Construction Brief. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Attachments: # 1 Exhibit E1# 2 Exhibit E2# 3 Exhibit E3# 4 Exhibit E4A# 5 Exhibit E4B# 6 Exhibit E5# 7 Exhibit F1# 8 Exhibit F2# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O# 18 Exhibit P# 19 Exhibit Q)(Johnson, Eleanor) (Entered: 08/18/2006)
2006-08-18 28 0 DECLARATION of Thomas D. Lyford re: 25 Memorandum of Law, BioMedical Enterprises, Inc.'s Opening Brief Concerning the Proper Construction of the Claims of the Patents-in-Suit. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc., Biomedical Enterprises, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3-Part 1# 4 Exhibit 3-Part 2# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Certificate of Service)(Arnold, Alison) (Entered: 08/18/2006)
2006-08-18 29 0 MOTION for Leave to File Excess Pages Conditional Motion of InteliFUSE, Inc. for Leave to File Brief in Excess of 25 Pages. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 08/18/2006)
2006-08-18 30 0 DECLARATION of William J. Speranza re: 26 Brief,, 29 MOTION for Leave to File Excess Pages Conditional Motion of InteliFUSE, Inc. for Leave to File Brief in Excess of 25 Pages., 27 Brief,, Declaration of William J. Speranza in Support of InteliFUSE, Inc.'s Opening Claim Construction Brief. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 08/18/2006)
2006-08-22 31 0 RESPONSE in Opposition re: 29 MOTION for Leave to File Excess Pages Conditional Motion of InteliFUSE, Inc. for Leave to File Brief in Excess of 25 Pages.. Document filed by Biomedical Enterprises, Inc.. (Bailey, W.) (Entered: 08/22/2006)
2006-08-22 32 0 CERTIFICATE OF SERVICE of Response in Opposition re Motion for Leave served on InteliFUSE, Inc. on August 22, 2006. Document filed by Biomedical Enterprises, Inc.. (Bailey, W.) (Entered: 08/22/2006)
2006-08-22 33 0 RESPONSE in Opposition re: 29 MOTION for Leave to File Excess Pages Conditional Motion of InteliFUSE, Inc. for Leave to File Brief in Excess of 25 Pages. InteliFUSE's Reply to Biomedical Enterprises' Opposition to Conditional Motion for Leave to File Brief in Excess of 25 Pages. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 08/22/2006)
2006-09-07 34 0 MEMO ENDORSEMENT: The application is granted. BME's reply brief shall not exceed 35 pages. on re: 29 MOTION for Leave to File Excess Pages Conditional Motion of InteliFUSE, Inc. for Leave to File Brief in Excess of 25 Pages. filed by Intelifuse, Inc., (Signed by Judge Laura Taylor Swain on 9/5/2006) (jmi, ) (Entered: 09/07/2006)
2006-09-08 35 0 CERTIFICATE OF SERVICE of Memo Endorsement served on Biomedical Enterprises, Inc. on September 8, 2006. Service was made by Electronic Mail and Facsimile. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 09/08/2006)
2006-09-13 36 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time For Remaining Dates in Claim Construction Schedule (STIPULATION). Document filed by Biomedical Enterprises, Inc.. (Bailey, W.) Modified on 9/14/2006 (kg, ). (Entered: 09/13/2006)
2006-09-18 37 0 STIPULATION AND ORDER that the deadline for serving opposition claim construction briefs shall be extended from 9/15/06 to 9/22/06. (Signed by Judge Douglas F. Eaton on 9/18/06) (cd, ) (Entered: 09/19/2006)
2006-09-19 38 0 STIPULATION AND ORDER REGARDING CLAIM CONSTRUCTION BRIEFING SCHEDULE; The Court's January 11, 2006 pre-trial scheduling order shall be extended as follows:...the deadline for serving opposition claim construction briefs shall be extended from 9/15 to 9/22/06. The date by which the parties shall request that the Court set a Markman hearing date, including the parties' estimate of the amount of time required for the Makrman hearing, shall be extended form 9/15 to 9/22, 2006. The parties will be prepared to apppear for a claim construction hearing on or after 09/28/06, as the Court's schedule may allow. (Signed by Judge Laura Taylor Swain on 9/18/06) (djc, ) Modified on 9/19/2006 (djc, ). (Entered: 09/19/2006)
2006-09-22 39 0 OPPOSITION BRIEF INTELIFUSE, INC.'S OPPOSITION BRIEF REGARDING CLAIM CONSTRUCTION. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Attachments: # 1 Joint Request for Markman Hearing Date)(Johnson, Eleanor) (Entered: 09/22/2006)
2006-09-22 40 0 BRIEF re: 26 Brief,, 27 Brief,, Biomedical Enterprises Opposition Brief Concerning the Proper Construction of the Claims of the Patents-in-suit. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc., Biomedical Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Culligan, Kevin) (Entered: 09/22/2006)
2006-09-22 41 0 DECLARATION of A. Joy Arnold re: 40 Brief,. Document filed by Biomedical Enterprises, Inc., Biomedical Enterprises, Inc., Biomedical Enterprises, Inc.. (Attachments: # 1 Exhibit 11# 2 Exhibit 12# 3 Exhibit 13# 4 Exhibit 14# 5 Exhibit 15# 6 Exhibit 16- BEING FILED UNDER SEAL# 7 Exhibit 17# 8 Exhibit 18# 9 Exhibit 19# 10 Exhibit 20# 11 Exhibit 21# 12 Exhibit 22# 13 Exhibit 23# 14 Exhibit 24# 15 Exhibit 25# 16 Exhibit 26# 17 Exhibit 27-Part I# 18 Exhibit 27-Part2# 19 Exhibit 28)(Culligan, Kevin) (Entered: 09/22/2006)
2006-10-02 43 0 MEMO ENDORSEMENT on JOINT REQUEST FOR MARKMAN HEARING DATE, the matter will be heard on 11/20/06 at 2:00 pm. (Signed by Judge Laura Taylor Swain on 10/2/06) (cd, ) (Entered: 10/02/2006)
2006-10-16 44 0 STIPULATION AND ORDER REGARDING SCHEDULE FOR FACT AND EXPERT DISCOVERY;... the schedule set forth in the court's January 11, 2006 Pretrial Scheduling Order shall be extended to be consistent with the court's scheduling of a claim construction hearing in this case on November 20, 2006. Deadline for fact discovery shall be extended from November 10, 2006 to November 20, 2006. See document for further discovery deadlines. (Signed by Judge Laura Taylor Swain on 10/13/06) (djc, ) (Entered: 10/16/2006)
2006-12-01 45 0 NOTICE OF APPEARANCE by Stefan Radoslav Stoyanov on behalf of Biomedical Enterprises, Inc., Biomedical Enterprises, Inc., Biomedical Enterprises, Inc. (Stoyanov, Stefan) (Entered: 12/01/2006)
2006-12-19 46 0 MOTION for Eleanor N. Johnson to Withdraw as Attorney for Plaintiff InteliFUSE, Inc.. Document filed by Intelifuse, Inc., Intelifuse, Inc., Intelifuse, Inc.. (Johnson, Eleanor) (Entered: 12/19/2006)
2007-01-11 47 0 STIPULATION AND ORDER regarding schedule for fact and expert discovery, that fact discvoery shall be extended to 4/20/07. Additional relief as set forth in this Order. (Signed by Judge Laura Taylor Swain on 1/10/07) (pl, ) (Entered: 01/11/2007)
2007-01-25 48 0 MEMORANDUM ORDER FOLLOWING MARKMAN HEARING: for reasons further set forth in said Order, plaintiff's proposed constructions of each of the disputed terms (other than the term "having an alloy content" in claims 31,34,36 and 38 of the '461 patent) are hereby adopted by the Court. The Court adopts defendants' proposed construction of the term "having an alloy content in the enumerated claims of the '461 patent. This matter remains referred to Judge Douglas F. Eaton for general pretrial management. (Signed by Judge Laura Taylor Swain on 1/25/07) (db) (Entered: 01/26/2007)
2007-04-09 49 0 NOTICE OF APPEARANCE by Michael Frank Autuoro on behalf of Biomedical Enterprises, Inc. (Autuoro, Michael) (Entered: 04/09/2007)
2007-04-09 50 0 MOTION for Michael Chibib, Richard Blanton Martin, Ross Spencer Garsson, Patrick Scott Richter, and Alan D. Albright to Appear Pro Hac Vice. Document filed by Biomedical Enterprises, Inc.Motions referred to Douglas F. Eaton.(jco) (Entered: 04/12/2007)
2007-04-16 51 0 ORDER granting 50 Motion for Alan D. Albright to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/16/07) (jco) (Entered: 04/17/2007)
2007-04-16 52 0 ORDER ADMITTING ATTORNEY Patrick Scott Richter PRO HAC VICE. (Signed by Judge Laura Taylor Swain on 4/16/07) (jco) (Entered: 04/17/2007)
2007-04-16 53 0 ORDER ADMITTING ATTORNEY Ross Spencer Garsson PRO HAC VICE. (Signed by Judge Laura Taylor Swain on 4/16/07) (jco) (Entered: 04/17/2007)
2007-04-16 54 0 ORDER ADMITTING ATTORNEY Richard Blanton Martin PRO HAC VICE. (Signed by Judge Laura Taylor Swain on 4/16/07) (jco) (Entered: 04/17/2007)
2007-04-16 55 0 ORDER ADMITTING ATTORNEY Michael Chibib PRO HAC VICE. (Signed by Judge Laura Taylor Swain on 4/16/07) (jco) (Entered: 04/17/2007)
2007-04-18 56 0 JOINT STIPULATION AND ORDER REGARDING SCHEDULE FOR FACT AND EXPERT DISCOVERY: The deadline by which fact discovery shall be completed shall be extended from April 20, 2007 to May 21, 2007. (Signed by Judge Laura Taylor Swain on 4/18/07) (js) (Entered: 04/19/2007)
2007-04-20 57 0 MOTION for King & Spalding attorneys Kevin J. Culligan, A. Joy Arnold, W. Edward Bailey and Stefan R. Stoyanov to Withdraw as Attorney for Defendant Biomedical Enterprises, Inc.. Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Stoyanov, Stefan) (Entered: 04/20/2007)
2007-04-20 58 0 AFFIDAVIT of Stefan R. Stoyanov in Support re: 57 MOTION for King & Spalding attorneys Kevin J. Culligan, A. Joy Arnold, W. Edward Bailey and Stefan R. Stoyanov to Withdraw as Attorney for Defendant Biomedical Enterprises, Inc... Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Affidavit of W. Casey Fox, Ph.D.# 2 Notice of Appearance of Michael Autuoro# 3 Pro Hac Vice Appearances of Alan Albright, Michael Chibib, Ross Garsson, Richard Martin and Patrick Richter# 4 Certicate of Service)(Stoyanov, Stefan) (Entered: 04/20/2007)
2007-04-24 59 0 ORDER granting 57 Motion to Withdraw as Attorney. Attorney Kevin J. Culligan; Stefan Radoslav Stoyanov; Alison Joy Arnold and W. Edward Bailey terminated. (Order endorsed on Motion for Leave to Withdraw)(Signed by Judge Laura Taylor Swain on 4/24/2007) (jar) (Entered: 04/25/2007)
2007-04-30 60 0 CERTIFICATE OF SERVICE of Memorandum Endorsement served on InteliFUSE, Inc., Biomedical Enterprises, Inc. on April 30, 2007. Service was made by Mail and Electronic Mail. Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Exhibit Memo Endorsement granting King & Spalding's motion to withdraw as counsel for Defendant Biomedical Enterprises, Inc.)(Stoyanov, Stefan) (Entered: 04/30/2007)
2007-05-08 61 0 MOTION to Seal Motion for Partial Summary Judgment of Invalidity of all Claims of the '461 Patent and supporting documents. Document filed by Biomedical Enterprises, Inc..(Autuoro, Michael) (Entered: 05/08/2007)
2007-05-09 62 0 ORDER granting 61 Motion to Seal. (Signed by Judge Laura Taylor Swain on 5/9/2007) (jmi) (Entered: 05/11/2007)
2007-05-30 64 0 STIPULATION AND ORDER EXTENDING DUE DATE FOR PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT, by and between counsel for plaintiff InteliFUSE,Inc. and defendant Biomedical Enterprises, Inc., and subject to approval of the Court, that the due date for InteliFUSE's opposition to BME's Motion for Partial Summary Judgment, filed by BME under seal on May 11, 2007 (pursuant to Order of this Court dated May 9, 2007, Docket Index # 62), shall be extended for two-weeks, from the current due date of May 25, 2007 to June 8, 2007. And, correspondingly, BME's reply will be due on Friday, June 15, 2007, i.e., with five business days of June 8.Replies due by 6/15/2007.,Responses due by 6/8/2007. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/29/2007) (jmi) (Entered: 05/31/2007)
2007-06-06 65 0 MOTION to Seal Defendant's Memorandum in Support of its Motion for Summary Judgment for Unenforceability of the patents-in-suit and supporting documents. Document filed by Biomedical Enterprises, Inc..(Autuoro, Michael) (Entered: 06/06/2007)
2007-06-08 66 0 MEMORANDUM OF LAW in Opposition re: 61 MOTION to Seal Motion for Partial Summary Judgment of Invalidity of all Claims of the '461 Patent and supporting documents. Plaintiff's Memorandum in Opposition to Defendant's Motion for Partial Summary Judgment of Invalidity of All Claims of the '461 Patent. Document filed by Intelifuse, Inc.. (Speranza, William) (Entered: 06/08/2007)
2007-06-08 67 0 DECLARATION of CEDRIC F. WALKER in Opposition re: 61 MOTION to Seal Motion for Partial Summary Judgment of Invalidity of all Claims of the '461 Patent and supporting documents.. Document filed by Intelifuse, Inc.. (Speranza, William) (Entered: 06/08/2007)
2007-06-08 68 0 DECLARATION of WILLIAM J. SPERANZA in Opposition re: 61 MOTION to Seal Motion for Partial Summary Judgment of Invalidity of all Claims of the '461 Patent and supporting documents.. Document filed by Intelifuse, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Speranza, William) (Entered: 06/08/2007)
2007-06-08 69 0 RULE 56.1 STATEMENT. Document filed by Intelifuse, Inc.. (Speranza, William) (Entered: 06/08/2007)
2007-06-15 70 0 JOINT STIPULATION AND ORDER EXTENDING DUE DATE FOR DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT: It is hereby stipulated and agreed by and between counsel for plaintiff InteliFUSE Inc. and defendant BioMedical Enterprises, Inc. and subject to the approval of the Court, that the due date for BME's reply to intelFUSE's opposition filed June 8, 2007, to BME's motion for partial summary judgment, filed by BME under seal on May 11, 2007 (pursuant to order of this Court dated May 9, 2007, Docket Index #62) shall be extended 10 days from the current due date of June 15, 2007 to June 25, 2007. So Ordered. (Signed by Judge Laura Taylor Swain on 6/14/07) (js) (Entered: 06/18/2007)
2007-06-25 71 0 MOTION to Seal Memorandum in Support of its motion for summary judgment for unenforceability of the patents-in-suit; undisputed facts in support of defendant motion for summary judgment for unenforceability of the patents-in-suit; Declaration of Richard B. Martin. Document filed by Biomedical Enterprises, Inc..(Autuoro, Michael) (Entered: 06/25/2007)
2007-06-25 72 0 MOTION to Seal Defendant Reply Brief in Support of Its Motion for Partial Summary Judgment of Invalidity of all claims of the '461 Patent; Defendant Reply to its Undisputed Facts and BME's Response to Intelifuse's Statement Regarding Additional Material Facts; and the Declaration of Richard B. Martin, with attached exhibits. Document filed by Biomedical Enterprises, Inc..(Autuoro, Michael) (Entered: 06/25/2007)
2007-06-25 73 0 ORDER granting 65 Motion to Seal; granting 71 Motion to Seal. Defendant BME'S memorandum in support of its motion for summary judgment for unenforceability of the patents-in-suit. Undisputed facts in support of defendant BME'S motion for summary judgment for unenforceability of the patents-in-suit and the declaration of Richard B. Martin, with attached exhibits. (Signed by Judge Laura Taylor Swain on 6/25/07) (jco) (Entered: 06/26/2007)
2007-06-26 75 0 JOINT STIPULATION AND ORDER REGARDING SCHEDULE FOR FACT AND EXPERT DISCOVERY, by and between counsel plaintiff InteliFUSE, Inc. and defendant BioMedical Enterprises, Inc., and subject to the approval of the Court, that, for the reasons notes below, the schedule set forth in the Court's January 11, 2006 Pre-Trial Scheduling Order, as since modified by the Court by Orders entered October 16, 2006 (Docket Index # 44), January 11, 2007 (Docket Index # 47) and May 30, 2007 (Docket Index # 64) shall be further extended as follows: The deadline by which fact discovery shall be completed (not propounded) shall be extended nun pro tunic from May 21, 2007 to July 31, 2007, but subject to the limitation that such fact discovery in this extended period shall not, unless otherwise agreed to by counsel, involve any further written discovery (interrogatories, documents requests, requests for admissions) directed to a party. For these reasons, the parties jointly and respectfully request that the Court modify the existing Scheduling Order as requested herein. SO ORDERED.Discovery due by 7/31/2007. (Signed by Judge Laura Taylor Swain on 6/26/2006) (jmi) (Entered: 06/27/2007)
2007-06-26 76 0 ORDER granting 72 Motion to Seal for leave to file the following documents under seal. (Signed by Judge Laura Taylor Swain on 6/25/2007) (jmi) (Entered: 06/27/2007)
2007-07-09 78 0 MOTION to Stay Pending the Court's Decision on BME's Dispositive Motions. Document filed by Biomedical Enterprises, Inc..(Autuoro, Michael) (Entered: 07/09/2007)
2007-07-11 79 0 ORDER: Prior to the filing of a consolidated motion, the parties are to meet, confer and use their best efforts to narrow the issues to be presented to the Court. The parties shall also propose and prepare a new briefing schedule relating to Dft's consolidated summary judgment motion. The briefing schedule may, at Plt's option, include a provision for consideration of Plt's previously-filed brief on the '461 patent issues raised in the first motion, as long as any supplemental briefing by Plt makes clear the relationships between the issues addressed in the two sets of papers and conforms to the Individual Practices Rules. (Signed by Judge Laura Taylor Swain on 7/10/2007) (jar) (Entered: 07/12/2007)
2007-07-18 80 0 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin. Document filed by Biomedical Enterprises, Inc..(Autuoro, Michael) (Entered: 07/18/2007)
2007-07-20 81 0 MEMO ENDORSED. SO ORDERED 46 Motion to Withdraw as Attorney is Granted. Attorney Eleanor Nancy Johnson terminated.. (Signed by Judge Laura Taylor Swain on 7/20/2007) (jpo) (Entered: 07/20/2007)
2007-07-23 83 0 Joint Stipulation and Order Regarding Briefing Schedule Page Limitations and Stay of Proceedings With Respect to Dfts To-Be-Filed Consolidated Motion for Summary Judgment; re: briefing schedule for the consolidated motion is as follows; BME will have until and including the later of (1)7/23/07 and (ii) the day following the granting of this Order, to file its Consolidated motion for Summary Judgment. Additional relief as set forth in this Order. (Signed by Judge Laura Taylor Swain on 7/20/07) (pl) (Entered: 07/24/2007)
2007-08-21 84 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Kevin M. Kennedy dated 8/14/2007 re: I am writing to request that the Court extend the deadline for Intelifuse's response to defendant's motion for summary judgment by an additional 30 days, so that the response would now be due on or before September 14, 2007. ENDORSEMENT: The request is granted. Responses due by 9/14/2007. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/20/2007) (jmi) Modified on 8/22/2007 (Miles, Janeen). (Entered: 08/22/2007)
2007-09-13 85 0 ENDORSED LETTER addressed to Judge Laura T. Swain from Kevin M. Kennedy dated 9/12/07 re: a request that the Court extend the deadline for InteliFuse's response to defendant's motion for summary judgment by an additional 30 days, so that the response would be due on 10/15/2007. ENDORSEMENT: The request is granted. SO ORDERED (Signed by Judge Laura Taylor Swain on 9/12/07) (kco) (Entered: 09/13/2007)
2007-10-12 86 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Carrie A. Hanlon dated 10/11/2007 re: I write on behalf of Wiggin and Dana LLP, which respects InteliFUSE in the above-captioned matter, to request that the Court extend the deadline for InteliFUSE's response to defendant's motion for summary judgment by an additional 14 days, through and including October 29, 2007. The defendant, through its counsel, Ross Garsson, has consented to this request. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 10/11/2007) (jmi) (Entered: 10/12/2007)
2007-10-29 87 0 NOTICE OF APPEARANCE by Carrie Ann Hanlon on behalf of Intelifuse, Inc. (Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 88 0 MOTION to Strike Document No. 83 to Exclude and/or strike hearsay Evidence Offered by Defendant BME In Support of Its Motion for Summary Judgment. Document filed by Intelifuse, Inc..(Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 89 0 MEMORANDUM OF LAW in Support re: 88 MOTION to Strike Document No. 83 to Exclude and/or strike hearsay Evidence Offered by Defendant BME In Support of Its Motion for Summary Judgment.. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 90 0 MOTION for Leave to File Opposition to Defendant's Motion for Summary Judgement in Excess of Page Limit. Document filed by Intelifuse, Inc..(Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 91 0 MEMORANDUM OF LAW in Opposition re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 92 0 DECLARATION of Cedric F. Walker in Opposition re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 93 0 DECLARATION of Cedric F. Walker in Opposition re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 94 0 RESPONSE in Opposition re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin. Plaintiff's Statement Under Local Rule 56.1(b), in Opposition to Defendant's Motion for Summary Judgment. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-29 95 0 DECLARATION of William J. Speranza in Opposition re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Intelifuse, Inc.. (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 Part I# 10 Exhibit 9 Part II# 11 Exhibit 9 Part III# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12)(Hanlon, Carrie) (Entered: 10/29/2007)
2007-10-31 96 0 MEMO ENDORSEMENT granting 90 Motion for Leave to File Opposition to Defendant's Motion for Summary Judgment in Excess of Page Limit. ENDORSEMENT: The motion is granted. This order resolves docket #90. SO ORDERED (Signed by Judge Laura Taylor Swain on 10/30/07) (kco) (Entered: 10/31/2007)
2007-11-01 97 0 ORDER terminating 88 Motion to Strike. It is hereby ORDERED, that the above-reference motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accomplished by the requisite certification. It is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party shall be calculated from the date of service of the order of reinstatement in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (Signed by Judge Laura Taylor Swain on 10/31/07) (tro) (Entered: 11/02/2007)
2007-11-06 98 0 DECLARATION of Carrie A. Hanlon in Support re: 88 MOTION to Strike Document No. 83 to Exclude and/or strike hearsay Evidence Offered by Defendant BME In Support of Its Motion for Summary Judgment.. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 11/06/2007)
2007-11-09 99 0 MEMO ENDORSEMENT on re: 98 Declaration in Support of Motion, filed by Intelifuse, Inc. ENDORSEMENT: The within reinstatement requested is granted. (Signed by Judge Laura Taylor Swain on 11/8/07) (tro) (Entered: 11/09/2007)
2007-11-14 100 0 ENDORSED LETTER addressed to Judge Laura T. Swain from William J. Speranza dated 11/13/07 re: Counsel writes jointly in response to the electronic notice received from the Court which closed the order of reference to Magistrate Judge Eaton. ENDORSEMENT: The order of reference to Judge Eaton remains in place and the parties' understanding as to the suspension of discovery cut off dates is correct. So Ordered. (Signed by Judge Laura Taylor Swain on 11/13/07) (jco) (Entered: 11/14/2007)
2007-11-14 101 0 AGREED STIPULATION AND ORDER EXTENDING THE DUE DATE FOR BME'S REPLY TO ITS MOTION FOR SUMMARY JUDGMENT Counsel for plaintiff InteliFUSE, Inc. and defendant BioMedical Enterprises, Inc. have STIPULATED AND AGREED, subject to the approval of the Court, that the due date for BME's Reply to InteliFUSE's Opposition to BME's Motion for Summary Judgment, filed 10/29/07, shall be extended 14 days from the current due date of 11/14/07 to 11/28/07. So Ordered. Replies due by 11/28/2007. (Signed by Judge Laura Taylor Swain on 11/14/07) (jco) (Entered: 11/14/2007)
2007-11-28 102 0 CONSENT MOTION for Leave to File Excess Pages to Reply Memorandum to Intelifuse's Opposition to BME's Consolidated Motion For Summary Judgment. Document filed by Biomedical Enterprises, Inc..(Hudson, Irene) (Entered: 11/28/2007)
2007-11-28 103 0 REPLY MEMORANDUM OF LAW in Support re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Biomedical Enterprises, Inc.. (Hudson, Irene) (Entered: 11/28/2007)
2007-11-28 104 0 REPLY re: 94 Response in Opposition to Motion, Under Local Rule 56.1(b). Document filed by Biomedical Enterprises, Inc.. (Hudson, Irene) (Entered: 11/28/2007)
2007-11-28 105 0 DECLARATION of Richard B. Martin in Support re: 65 MOTION to Seal Defendant's Memorandum in Support of its Motion for Summary Judgment for Unenforceability of the patents-in-suit and supporting documents.. Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Exhibit W, # 2 Exhibit W-1, # 3 Exhibit W-2, # 4 Exhibit W-3, # 5 Exhibit X, # 6 Exhibit Y, # 7 Exhibit Z, # 8 Exhibit AA, # 9 Exhibit AB, # 10 Exhibit AC, # 11 Exhibit AD, # 12 Exhibit AE, # 13 Exhibit AF, # 14 Exhibit AG, # 15 Exhibit AH-1, # 16 Exhibit AH-2, # 17 Exhibit AH-3, # 18 Exhibit AH-4, # 19 Exhibit AH-5, # 20 Exhibit AI, # 21 Exhibit AJ, # 22 Exhibit AK, # 23 Exhibit AL)(Hudson, Irene) (Entered: 11/28/2007)
2007-12-03 106 0 MEMO ENDORSED ON BME'S AGREED MOTION FOR LEAVE TO FILE REPLY MEMORANDUM TO INTELIFUE'S OPPOSITION TO BME'S CONSOLIDATED MOTION FOR SUMMARY JUDGMENT IN EXCESS OF PAGE LIMIT: ENDORSEMENT: Request GRANTED. So Ordered. (Signed by Judge Laura Taylor Swain on 12/3/07) (js) (Entered: 12/03/2007)
2007-12-04 107 0 REPLY MEMORANDUM OF LAW in Support re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Biomedical Enterprises, Inc.. (Hudson, Irene) (Entered: 12/04/2007)
2007-12-04 108 0 DECLARATION of Richard B. Martin in Support re: 80 MOTION to Seal Motion for Summary Judgment, Memorandum in Support of Motion for Summary Judgment, Undisputed Facts in Support, and Declaration of Richard B. Martin.. Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Exhibit W, # 2 Exhibit W-1, # 3 Exhibit W2, # 4 Exhibit W3, # 5 Exhibit X, # 6 Exhibit Y, # 7 Exhibit Z, # 8 Exhibit AA, # 9 Exhibit AB, # 10 Exhibit AC, # 11 Exhibit AD, # 12 Exhibit AE, # 13 Exhibit AF, # 14 Exhibit AG, # 15 Exhibit AH-1, # 16 Exhibit AH-2, # 17 Exhibit AH-3, # 18 Exhibit AH-4, # 19 Exhibit AH-5, # 20 Exhibit AI, # 21 Exhibit AJ, # 22 Exhibit AK, # 23 Exhibit AL)(Hudson, Irene) (Entered: 12/04/2007)
2007-12-04 109 0 ORDER granting 80 Motion to Seal. The Court hereby grants Defendant's motion for leave to file the documents listed herein under seal. (Signed by Judge Laura Taylor Swain on 12/3/07) (tro) (Entered: 12/04/2007)
2007-12-06 110 0 LETTER addressed to Judge Swain from Irene E. Hudson dated 11/30/07 re: BME is prepared to submit a corrected version of the affected pages or the entire reply brief. Document filed by Biomedical Enterprises, Inc.(djc) (Entered: 12/07/2007)
2007-12-10 111 0 MOTION for Oral Argument on Defendant's Motion for Summary Judgment. Document filed by Intelifuse, Inc..(Hanlon, Carrie) (Entered: 12/10/2007)
2007-12-12 112 0 MEMORANDUM ENDORSEMENT re: terminating 111 Motion for Oral Argument. ENDORSEMENT: The Court will inform the parties in the event oral argument is to be heard. (Signed by Judge Laura Taylor Swain on 12/11/07) (db) (Entered: 12/12/2007)
2007-12-13 113 0 ENDORSED LETTER addressed to Judge Laura T. Swain from Irene Hudson dated 12/12/07 re: Request that defendant Biomedical extend the time period for BME to respond to plaintiff's motion to exclude (docket #88) to 12/14/07. ENDORSEMENT: The requested extension is granted., Set Deadlines/Hearing as to 88 MOTION to Strike Document No. 83 to Exclude and/or strike hearsay Evidence Offered by Defendant BME In Support of Its Motion for Summary Judgment: ( Responses due by 12/14/2007) (Signed by Judge Laura Taylor Swain on 12/13/07) (cd) (Entered: 12/13/2007)
2007-12-14 114 0 MEMORANDUM OF LAW in Opposition re: 88 MOTION to Strike Document No. 83 to Exclude and/or strike hearsay Evidence Offered by Defendant BME In Support of Its Motion for Summary Judgment.. Document filed by Biomedical Enterprises, Inc.. (Hudson, Irene) (Entered: 12/14/2007)
2007-12-21 115 0 REPLY MEMORANDUM OF LAW in Support re: 88 MOTION to Strike Document No. 83 to Exclude and/or strike hearsay Evidence Offered by Defendant BME In Support of Its Motion for Summary Judgment.. Document filed by Intelifuse, Inc.. (Hanlon, Carrie) (Entered: 12/21/2007)
2009-07-28 116 0 NOTICE OF APPEARANCE by Dwight Yellen on behalf of Intelifuse, Inc. (Yellen, Dwight) (Entered: 07/28/2009)
2009-07-28 117 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - STATUS REPORT. (Letter re new counsel and status conference). Document filed by Intelifuse, Inc..(Yellen, Dwight) Modified on 7/29/2009 (KA). (Entered: 07/28/2009)
2009-07-29 118 0 MOTION for Lloyd N Shields to Appear Pro Hac Vice. Document filed by Intelifuse, Inc.(dle) (Entered: 07/31/2009)
2009-07-29 119 0 MOTION for Andrew G. Vicknair to Appear Pro Hac Vice. Document filed by Intelifuse, Inc.(dle) (Entered: 07/31/2009)
2009-08-05 120 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN 118 Motion granting Lloyd N. Shields to Appear Pro Hac Vice on behalf of Intelifuse, Inc. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Laura Taylor Swain on 8/5/09) (djc) Modified on 8/5/2009 (djc). (Entered: 08/05/2009)
2009-08-05 121 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 119 Motion for Andrew G. Vicknair to Appear Pro Hac Vice on behalf of Intelifuse, Inc. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Laura Taylor Swain on 8/5/09) (djc) (Entered: 08/05/2009)
2009-08-11 122 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Dwight Yellen dated August 4, 2009 re: I seek guidance from the Court, perhaps by the entry of a memorandum endorsement on this letter, allowing Wiggin and Dana to withdraw as counsel for the plaintiff. Notice of this request is being made by copy of this letter being served at both locations of the Wiggin and Dana firm as well as Alan Albright and Irene Hudson, who are lead counsel for defendant Biomedical Enterprises, Inc. ENDORSEMENT: The application to make Wiggin and Dana withdraw is granted. A conference will be held on September 24, 2009, at 2:30 pm. SO ORDERED. ( Status Conference set for 9/24/2009 at 02:30 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 8/11/2009) (jmi) (Entered: 08/12/2009)
2009-08-17 123 0 NOTICE OF APPEARANCE by Andrew G. Vicknair on behalf of Intelifuse, Inc. (Vicknair, Andrew) (Entered: 08/17/2009)
2009-09-02 124 0 NOTICE OF APPEARANCE by Lloyd Noble Shields on behalf of Intelifuse, Inc. (Shields, Lloyd) (Entered: 09/02/2009)
2009-09-04 125 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Dwight Yellen dated 9/3/2009 re: Co-counsel for Plaintiff Intelifuse, Inc. writes requesting that the status conference set for 9/24 at 2:30 p.m. until 9/22 or 9/23. ENDORSEMENT: The conference will take place on 9/23/2009, at 11:30 AM. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/4/2009) (tve) Modified on 9/15/2009 (tve). (Entered: 09/08/2009)
2009-09-22 126 0 ORDER: BME has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has asserted a motion to strike certain proffered evidence. The Court has reviewed thoroughly all of the parties' submissions and, for the reasons that will be explained in a subsequent opinion, Defendant's motion for summary judgment is denied. Plaintiff's motion to strike is denied without prejudice to renewal in future proceedings.The parties are directed to appear at the previously-scheduled Status Conferencein the Courtroom of the undersigned on September 23, 2009, at 11:30 a.m. This Order resolves docket entries nos. 82 and 88. So Ordered (Signed by Judge Laura Taylor Swain on 9/22/09) (js) (Entered: 09/22/2009)
2009-09-23 127 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery pretrial motions, and settlement). Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Laura T. Swain on 9/23/09) (cd) (Entered: 09/23/2009)
2009-09-25 128 0 OPINION AND ORDER # 98076 that for the foregoing reasons, BME's motion for summary judgment is denied. IFUSE's motion to strike the affidavit of Cedric Fox is denied without prejudice to its right to renew its objection to any later proffer of the same or similar material. (Signed by Judge Laura Taylor Swain on 9/25/09) (cd) Modified on 9/28/2009 (eef). (Entered: 09/28/2009)
2009-09-28 129 0 ORDER TO SHOW CAUSE the parties shall show cause by written submission filed and served with courtesy copies for the Chambers, of the undersigned, by Friday, 10/9/09, as to why the 9/25 Opinion should not be entered on the public docket, in full or redacted form, in light of the common law right of access to judicial documents and the qualified First Amendment right of access to judicial records....Any replies by Friday, 10/16/09. The parties shall cause, by written submissions filed and served, with courtesy copies for Chambers, by Friday, 10/23/09, as to why all documents filed under seal in connection with this motion shall not be unsealed in whole or in part in light of the authorities identified above. Any replies to these initial submissions must be filed and served, with courtesy copies for Chambers, by 10/30/09. (Signed by Judge Laura Taylor Swain on 9/25/09) (cd) (Entered: 09/28/2009)
2009-09-30 130 0 NOTICE OF APPEARANCE by David R. Francescani on behalf of Biomedical Enterprises, Inc. (Francescani, David) (Entered: 09/30/2009)
2009-09-30 131 0 MOTION to Withdraw Alan Albright, Michael Chibib, Ross Spencer Garsson, Patrick Scott Richter and Richard B. Martin as counsel for BME. Document filed by Biomedical Enterprises, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Francescani, David) (Entered: 09/30/2009)
2009-11-10 132 0 ORDER....Accordingly, the Clerk of Court is respectfully directed to unseal the documents filed under seal in connection with the parties' motion practice (docket entry nos. 42,63,74 and 77). (Signed by Judge Laura Taylor Swain on 11/10/09) (cd) (Entered: 11/12/2009)
2009-11-12 133 0 ORDER granting 131 Motion to Withdraw. It is hereby ORDERED that the Motion to Withdraw is GRANTED. This order resolves docket entry no. 131. (Signed by Judge Laura Taylor Swain on 11/12/09) (tro) (Entered: 11/12/2009)
2010-01-26 134 0 PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 4/23/2010 at 10:00 AM before Judge Laura Taylor Swain, see document for other information. (Signed by Judge Laura Taylor Swain on 1/26/10) (cd) (Entered: 01/27/2010)
2010-03-05 135 0 MOTION for Extension of Time to complete expert discovery and to adjourn the April 23, 2010 Pretrial conference and all corresponding deadlines. Document filed by Intelifuse, Inc..(Vicknair, Andrew) (Entered: 03/05/2010)
2010-03-08 136 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Laura Taylor Swain on 3/8/10) (pl) (Entered: 03/08/2010)
2010-03-15 137 0 ORDER that the parties will supplement and update their responses to existing requests for production of documents on or before 5/4/10. The parties will serve all expert disclosures pursuant to FRCp 26(a)(2) on or before 8/9/10. The parties will serve rebuttal expert reports on or before 9/8/10. The parties will complete expert discovery on or before 10/25/10. Any Daubert motions will be served on or before 11/8/10. The parties will report to this Court by letter, following the completion of expert discovery no later than 10/25/10 as to whether a further settlement conference with this Court would be useful. A final pretrial conference will be held on 12/10/10 at 11:30 a.m. before Judge Swain. (Signed by Magistrate Judge James L. Cott on 3/15/10) Copies mailed by chambers.(dle) (Entered: 03/15/2010)
2010-08-16 138 0 JOINT STIPULATION AND ORDER EXTENDING DEADLINES: The deadline for parties to submit expert reports is extended to September 14, 2010. The deadline for parties to submit rebuttal reports of September 8, 2010 are extended to October 15, 2010. The deadline for parties to complete expert discovery of October 25, 2010 is extended to November 30, 2010. The deadline of October 25, 2010 for the parties to report to this Court and to whether a further settlement conference would be useful will be extended to November 30, 2010. ENDORSEMENT: The deadline for the submission of any Daubert motions will be set, as necessary in a separate order, consistent with Judge Swain's practices and procedures. The Court will consult with Judge Swain and provide a rescheduled pre-trial conference date for sometime early in 2011. (Signed by Magistrate Judge James L. Cott on 8/16/2010) (jpo) (Entered: 08/17/2010)
2010-11-15 139 0 JOINT STIPULATION AND ORDER EXTENDING DEADLINES: Accordingly, the parties stipulate and agree to extend the expert-related deadlines as follows: The deadline for parties to complete expert discovery of Tuesday, November 30, 2010, will be extended to Tuesday, March 1, 2011; The deadline for submitting Daubert motions will be extended, as necessary in a separate order, consistent with Judge Swain's pretrial procedures; and The deadline of Tuesday, November 30, 2010 for the parties to report to this Court as to whether a further settlement conference would be useful will be extended to Tuesday, March 1, 2011. The parties have previously requested an extension of the expert-discovery-related deadlines set forth in the Court's March 15, 2010 Order and the request was granted. (Docket No. 138). So Ordered (Signed by Magistrate Judge James L. Cott on 11/15/2010) (js) Modified on 11/19/2010 (js). (Entered: 11/15/2010)
2010-12-03 140 0 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Andrew G. Vicknair dated 12/2/2010 re: Counsel request to reschedule/adjourn the pre-trial conference for an additional 4 months to sometime in late April of 2011. ENDORSEMENT: The conference is adjourned to April 13, 2011 at 2 p.m. So Ordered. (Signed by Judge Laura Taylor Swain on 12/2/2010) (jfe) (Entered: 12/03/2010)
2011-01-12 141 0 DOCUMENT REFERRED TO JUDGE FOR APPORVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Intelifuse, Inc., Biomedical Enterprises, Inc..(Vicknair, Andrew) Modified on 1/13/2011 (dt). (Entered: 01/12/2011)
2011-01-19 142 0 JOINT STIPULATION OF DISMISSAL, that pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff, InteliFUSE, Inc. (hereinafter, "Intelifuse") and Defendant, Biomedical Enterprises, Inc. (hereinafter. "RME"), by and through their respective counsel, hereby stipulate and request dismissal with prejudice of this entire action, including all claims and counterclaims, with each party to bear its own costs and attorney's fees. Additional relief as set forth in this Order. ENDORSEMENT: The Clerk of Court si requested to close this case. (Signed by Judge Laura Taylor Swain on 1/19/11) (pl) (Entered: 01/19/2011)
2011-03-01 143 0 TRANSCRIPT of proceedings held on 1/6/2006 before Judge Laura Taylor Swain. (mbe) (Entered: 03/02/2011)
2011-10-06 144 0 SEALED MATERIALS DISPOSED: Document(s) 63, 74, 77 and 82 were disposed since no party retrieved the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/06/2011.(mps) (Entered: 10/06/2011)
2011-12-01 145 0 SEALED MATERIALS DISPOSED: Document(s) 42 were disposed since no party retrieved the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 12/01/2011.(mps) (Main Document 145 replaced on 12/1/2011) (mps). (Entered: 12/01/2011)