Case details

Court: nywd
Docket #: 1:04-cv-00667
Case Name: I Create International, Inc. v. Mattel, Inc. et al
PACER case #: 51769
Date filed: 2004-08-18
Date terminated: 2006-06-01
Assigned to: Hon. William M. Skretny
Referred to: Hon. H. Kenneth Schroeder, Jr
Case Cause: 35:145 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
I Create International, Inc.
Plaintiff
 
Howard C. Miskin
Miskin & Tsui-Yip, LLP
1350 Broadway
Suite 802
New York, NY 10118
212-268-0900
Fax: 212-268-0904
Email: howard@mt-iplaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mattel, Inc.
Defendant
 
Christopher J. Belter
Goldberg Segalla LLP
665 Main Street
Suite 400
Buffalo, NY 14203
716-566-5400
Fax: 716-566-5401
Email: cbelter@goldbergsegalla.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Fischer-Price, Inc.
Defendant
 
Christopher J. Belter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mattel, Inc.
Counter Claimant
 
Christopher J. Belter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Fischer-Price, Inc.
Counter Claimant
 
Christopher J. Belter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
I Create International, Inc.
Counter Defendant
 
Howard C. Miskin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-08-18 25 0 Case transferred in from District of New York; Case Number 03cv3993JFK. Original file with documents numbered 1-24, certified copy of transfer order and docket sheet received. (Attachments: # 1 Civil Cover Sheet/SDNY # 2 Doc. No. 1# 3 Doc. No.1/Exhibit A# 4 Doc. No.1/Exhibit B# 5 Doc. No. 2# 6 Doc. No. 3# 7 Doc. No. 4# 8 Doc. No. 5# 9 Doc. No. 6# 10 Doc. No. 7# 11 Doc. No. 8# 12 Doc. No. 9# 13 Doc. No. 10# 14 Doc. No. 11# 15 Doc. No. 12# 16 Doc. No. 13# 17 Doc. No. 14# 18 Doc. No. 15# 19 Doc. No. 16# 20 Doc. No. 17# 21 Doc. No. 18# 22 Doc. No. 19# 23 Doc. No. 20)(SG, ) (Entered: 08/23/2004)
2004-08-18 26 0 CONTINUATION OF EXHIBITS to 25 Case Transferred In - District Transfer,, . (Attachments: # 1 Doc. No. 21/Exhibit A# 2 Doc. No. 22# 3 Doc. No. 22 Exhibit A# 4 Doc. No. 22 Exhibit B# 5 Doc. No. 22 Exhibit C# 6 Doc. No. 22 Exhibit D# 7 Doc. No. 22 Exhibit E# 8 Doc. No. 23# 9 Doc. No. 24)(SG, ) (Entered: 08/23/2004)
2004-08-31 27 0 NON-DISPOSITIVE REFERRAL ORDER REFERRING CASE to Magistrate Judge H. Kenneth Schroeder, Jr. Signed by Hon. William M. Skretny on 8/31/2004. (Dzielski, J.) (Entered: 08/31/2004)
2004-09-07 28 0 ORDER: Preliminary Pretrial Conference set for 10/25/2004 02:00 PM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 09/07/04. (Attachments: # 1 # 2 # 3) (LMG) (Entered: 09/07/2004)
2004-10-13 29 0 ANSWER to Complaint /Counterclaim of Defendant Mattel, Inc. by I Create International, Inc..(Miskin, Howard) (Entered: 10/13/2004)
2004-10-13 30 0 ANSWER to Complaint /Counterclaim of Fisher-Price, Inc. by I Create International, Inc..(Miskin, Howard) (Entered: 10/13/2004)
2004-10-19 31 0 ORDER: Preliminary pretrial conference rescheduled to 11/15/2004 10:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 10/19/04. (LMG) (Entered: 10/19/2004)
2004-11-15 32 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Preliminary Pretrial Conference held on 11/15/2004. Case Management Order to be issued. (LMG) (Entered: 11/15/2004)
2004-11-30 33 0 CASE MANAGEMENT ORDER: Compliance with Rule 26(a)(1) requirements to be accomplished by 11/26/04; Motions to join parties/amend pleadings due by 11/30/04; Fact depositions to be completed by 7/30/2005; Plaintiff's expert witness ID due by 6/18/2005; Defendants' expert witness ID due by 7/16/2005; Expert depositions to be completed by 9/30/2005; Discovery to be completed by 10/8/2005; Pretrial Conference set for 5/2/2005 10:00 AM before Hon. H. Kenneth Schroeder Jr.; Plaintiff's formal written settlement demand due by 4/15/2005; Defendants' written response due by 4/27/2005; Parties shall submit "Markman" briefs to Judge Skretny by 12/9/2005; Reply briefs due by 1/13/2006; Pretrial statements due by 2/17/2006; Final Pretrial Conference set for 3/3/2006 09:00 AM before Hon. William M. Skretny; Jury Trial set for 5/2/2006 09:30 AM before Hon. William M. Skretny. Signed by Hon. H. Kenneth Schroeder, Jr. on 11/30/2004. (Attachments: # 1) (LMG) (Entered: 11/30/2004)
2005-02-14 34 0 STIPULATED PROTECTIVE ORDER. Signed by Hon. H. Kenneth Schroeder Jr. on 02/11/05. (LMG) (Entered: 02/14/2005)
2005-04-08 35 0 ORDER: By joint request of counsel, Settlement Conference rescheduled to 6/9/2005 10:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 04/08/05. (LMG) (Entered: 04/08/2005)
2005-04-25 36 0 ORDER: Status Conference set for 5/6/2005 11:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 04/25/05. (LMG) (Entered: 04/25/2005)
2005-05-04 37 0 ORDER: Status Conference rescheduled to 5/24/2005 10:00 AM with Hon. H. Kenneth Schroeder Jr. Plaintiff's counsel permitted to participated by telephone. Signed by Hon. H. Kenneth Schroeder Jr. on 5/4/05. (LMG) (Entered: 05/04/2005)
2005-05-24 38 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Status Conference held on 5/24/2005. Amended Case Management Order to be issued. (LMG) (Entered: 05/24/2005)
2005-05-24 39 0 ORDER: Case Management Order dated 11/30/2004 amended as follows: Plaintiff's expert witness ID due by 7/15/2005; Defendants' expert witness ID due by 8/12/2005; Plaintiff's answers to defendants' interrogatories due by 6/17/2005. All other dates in Case Management Order dated 11/30/2004 shall remain the same. Signed by Hon. H. Kenneth Schroeder Jr. on 5/24/05. (LMG) (Entered: 05/24/2005)
2005-07-05 40 0 AMENDED CASE MANAGEMENT ORDER: Plaintiff's expert witness ID due by 8/30/2005; Defendants' expert witness ID due by 9/27/2005; Fact depositions to be completed by 10/14/2005; Expert depositions to be completed by 10/31/2005; Discovery to be completed by 11/23/2005. All other dates in 33 Case Management Order dated 11/30/2004 shall remain the same. Signed by Hon. H. Kenneth Schroeder Jr. on 7/5/05. (LMG) (Entered: 07/05/2005)
2005-08-31 41 0 AMENDED CASE MANAGEMENT ORDER: Plaintiff's expert witness ID due by 9/30/2005; Defendants' expert witness ID due by 10/28/2005; Fact depositions to be completed by 11/25/2005; Expert depositions to be completed by 12/9/2005; Discovery to be completed by 12/30/2005; Parties to submit Markman briefs to Judge Skretny by 2/13/2006; Reply briefs due by 3/6/2006; Pretrial statements due by 4/10/2006; Final Pretrial Conference set for 4/28/2006 09:00 AM before Hon. William M. Skretny; Jury Trial set for 6/27/2006 09:30 AM before Hon. William M. Skretny. Signed by Hon. H. Kenneth Schroeder Jr. on 8/31/05. (LMG) (Entered: 08/31/2005)
2005-10-03 42 0 TEXT ORDER: By joint request of counsel, the dates set forth in this Court's 41 Case Management Order are hereby held in abeyance pending resolution of the outstanding discovery disputes. Issued by Hon. H. Kenneth Schroeder Jr. on 10/3/05. (LMG) (Entered: 10/03/2005)
2005-10-12 43 0 DECISION AND ORDER regarding discovery dispute. Plaintiff's expert witness ID due by 11/18/2005; Defendants' Expert Witness ID due by 12/16/2005; Fact depositions to be completed by 12/16/2005; Expert depositions to be completed by 1/6/2006; Discovery to be completed by 1/20/2006. Signed by Hon. H. Kenneth Schroeder Jr. on 10/11/05. (LMG) (Entered: 10/12/2005)
2005-11-22 44 0 THIRD AMENDED CASE MANAGEMENT ORDER: Plaintiff's expert witness ID due by 12/28/2005; Defendants' expert witness ID due by 1/27/2006; Fact depositions to be completed by 1/27/2006; Expert depositions to be completed by 2/17/2006; Discovery to be completed by 3/3/2006; "Markman" briefs due to Judge Skretny by 3/17/2006; Reply briefs due by 3/31/2006; Dispositive motions due by 4/28/2006; Pretrial statements due by 5/26/2006; Final Pretrial Conference set for 6/14/2006 09:00 AM before Hon. William M. Skretny; Jury Trial set for 8/15/2006 09:30 AM before Hon. William M. Skretny. Signed by Hon. H. Kenneth Schroeder Jr. on 11/22/05. (LMG) (Entered: 11/22/2005)
2005-12-22 45 0 FOURTH AMENDED CASE MANAGEMENT ORDER: Plaintiff's expert witness ID due by 1/27/2006; Defendants' expert witness ID due by 2/27/2006; Fact depositions to be completed by 2/27/2006; Expert depositions to be completed by 3/17/2006; Discovery to be completed by 4/3/2006; "Markman" briefs due by 4/17/2006; Replies due by 5/5/2006; Dispositive motions due by 6/2/2006; Pretrial statements due by 6/30/2006; Final Pretrial Conference set for 7/19/2006 09:00 AM before Hon. William M. Skretny; Jury Trial set for 9/19/2006 09:30 AM before Hon. William M. Skretny. Signed by Hon. H. Kenneth Schroeder Jr. on 12/22/05. (LMG) Modified on 12/22/2005 (LMG). (Entered: 12/22/2005)
2005-12-22 46 0 TEXT ORDER: Status Conference set for 1/20/2006 02:00 PM before Hon. H. Kenneth Schroeder Jr. Issued by Hon. H. Kenneth Schroeder Jr. on 12/22/05. (LMG) (Entered: 12/22/2005)
2005-12-27 47 0 TEXT ORDER: Status Conference rescheduled to 2/6/2006 03:00 PM before Hon. H. Kenneth Schroeder Jr. Issued by Hon. H. Kenneth Schroeder Jr. on 12/27/05.(LMG) (Entered: 12/27/2005)
2006-01-12 48 0 TEXT ORDER: Dates set forth in this Court's 45 Fourth Amended Case Management Order are hereby held in abeyance until the status conference scheduled to be held with the Court on 2/6/2006 at which time new deadlines will be set. Issued by Hon. H. Kenneth Schroeder Jr. on 1/12/06. (LMG) (Entered: 01/12/2006)
2006-01-25 49 0 STIPULATION AND ORDER Signed by Hon. H. Kenneth Schroeder Jr. on 1/24/06. (LMG) (Entered: 01/25/2006)
2006-02-06 50 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Settlement Conference held on 2/6/2006. Further settlement conference set for 2/16/2006 at 2:00 p.m. Order to be issued. (LMG) (Entered: 02/06/2006)
2006-02-06 51 0 TEXT ORDER: Settlement Conference set for 2/16/2006 02:00 PM before Hon. H. Kenneth Schroeder Jr. Plaintiff's counsel may participate by telephone. The Court will initiate the call. Issued by Hon. H. Kenneth Schroeder Jr. on 2/6/06. (LMG) (Entered: 02/06/2006)
2006-02-16 52 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Settlement Conference held on 2/16/2006. Further settlement conference scheduled for 3/3/2006 at 2:30 p.m. Order to be issued. (LMG) (Entered: 02/16/2006)
2006-02-16 53 0 TEXT ORDER: Settlement Conference set for 3/3/2006 02:30 PM before Hon. H. Kenneth Schroeder Jr. Plaintiff's counsel may participate by telephone. The Court will initiate the call. Issued by Hon. H. Kenneth Schroeder Jr. on 2/16/06. (LMG) (Entered: 02/16/2006)
2006-03-03 54 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Lengthy settlement conference held on 3/3/2006. Settlement not possible. Amended Case Management Order to be issued. (LMG) (Entered: 03/03/2006)
2006-03-06 55 0 AMENDED CASE MANAGEMENT ORDER: Plaintiff's expert witness ID due by 3/31/2006; Defendants' expert witness ID due by 4/14/2006; Depositions of Howard C. Miskin and the Rule 30(b)(6) representative of defendant Mattel, Inc. to be completed by 3/31/2006; Defendants shall respond to plaintiff's notice to admit and interrogatories by 3/15/2006; Expert depositions to be completed by 5/12/2006; Discovery to be completed by 5/12/2006; Markman briefs to be submitted to Judge Skretny by 5/24/2006; Reply briefs due by 5/31/2006; Dispositive motions due by 6/2/2006; In the event no Markman briefs or other dispositive motions are filed, pretrial statements due by 6/30/2006; Final pretrial conference set for 7/19/2006 09:00 AM before Hon. William M. Skretny; Jury Trial set for 9/19/2006 09:30 AM before Hon. William M. Skretny. Signed by Hon. H. Kenneth Schroeder Jr. on 3/6/06. (LMG) (Entered: 03/06/2006)
2006-03-06 56 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Status Conference held on 3/6/2006 regarding possible settlement. Attorneys will advise the Court as to the status of settlement. (LMG) (Entered: 03/06/2006)
2006-03-24 57 0 ORDER holding 55 Amended Case Management Order in abeyance pending status conference set for 4/13/2006 at 03:00 PM with Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 3/24/06. (LMG) (Entered: 03/24/2006)
2006-04-13 58 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Telephone Status Conference held on 4/13/2006. Attorneys are finalizing settlement agreement. Set telephone status conference for 4/28/2006 at 2:00 p.m. Order to be issued. (LMG) (Entered: 04/13/2006)
2006-04-13 59 0 TEXT ORDER: Telephone Status Conference set for 4/28/2006 at 02:00 PM with Hon. H. Kenneth Schroeder Jr. Issued by Hon. H. Kenneth Schroeder Jr. on 4/13/06. (LMG) (Entered: 04/13/2006)
2006-04-27 60 0 TEXT ORDER: Telephone Status Conference rescheduled to 5/5/2006 02:00 PM with Hon. H. Kenneth Schroeder Jr. Issued by Hon. H. Kenneth Schroeder Jr. on 4/27/06. (LMG) (Entered: 04/27/2006)
2006-05-05 61 0 Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.: Status Conference held on 5/5/2006. Further status conference set for 5/26/2006 at 2:00 PM. (LMG) (Entered: 05/05/2006)
2006-05-05 62 0 TEXT ORDER: Telephone Status Conference set for 5/26/2006 02:00 PM with Hon. H. Kenneth Schroeder Jr. Issued by Hon. H. Kenneth Schroeder Jr. on 5/5/06. (LMG) (Entered: 05/05/2006)
2006-05-25 63 0 STIPULATION of Dismissal by Mattel, Inc., Fischer-Price, Inc.. (Attachments: # 1 Certificate of Service)(Belter, Christopher) (Entered: 05/25/2006)
2006-06-01 64 0 TEXT ORDER. The 63 Stipulation of Discontinuance is HEREBY SO ORDERED. The Clerk of the Court is DIRECTED to close this case. SO ORDERED. Issued by the Hon. William M. Skretny on 5/31/2006. (MEAL) (Entered: 06/01/2006)