| Court: | ohnd |
| Docket #: | 5:10-cv-01912 |
| Case Name: | Unique Product Solutions, Limited v. Hy-Grade Valve, Inc. |
| PACER case #: | 168384 |
| Date filed: | 2010-08-27 |
| Date terminated: | 2011-03-14 |
| Date of last filing: | 2011-02-23 |
| Assigned to: | Judge Dan Aaron Polster |
| Case Cause: | 35:183 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Unique Product Solutions, Limited Plaintiff TERMINATED: 02/23/2011 |
Mark J. Skakun , III David J. Hrina |
| Hy-Grade Valve, Inc. Defendant TERMINATED: 02/23/2011 |
Gregory R. Jones Gene B. George Julia R. Brouhard |
| United States of America Intervenor |
Steven J. Paffilas |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-08-27 | 1 | 0 | Complaint | Complaint with jury demand against Hy-Grade Valve, Inc.. Filing fee paid $ 350, Receipt number 0647-4259106. Filed by Unique Product Solutions, Limited. (Attachments: # 1 Exhibit A - U.S. Patent 4,605,041, # 2 Exhibit B - Advertisements, # 3 Civil Cover Sheet, # 4 Summons) (Hrina, David) (Entered: 08/27/2010) | 2011-03-01 12:40:42 | dfa21f9a1081e1a8c608c4fa0f9d3869a043b6ee |
| 1 | 1 | Exhibit A - U.S. Patent 4,605,041 | ||||
| 1 | 2 | Exhibit B - Advertisements | ||||
| 1 | 3 | Civil Cover Sheet | ||||
| 1 | 4 | Summons | ||||
| 2010-08-27 | 2 | 0 | Corporate Disclosure Statement | Corporate Disclosure Statement filed by Unique Product Solutions, Limited. (Hrina, David) (Entered: 08/27/2010) | ||
| 2010-08-27 | 3 | 0 | Summons Issued | Original Summons and Magistrate Consent Form issued for service upon Hy-Grade Valve, Inc. (Attachments: # 1 Magistrate Consent Form) (S,He) (Entered: 08/27/2010) | ||
| 2010-10-26 | 4 | 0 | Attorney Appearance | Attorney Appearance by Gene B. George filed by on behalf of Hy-Grade Valve, Inc.. (George, Gene) (Entered: 10/26/2010) | ||
| 2010-10-26 | 5 | 0 | Attorney Appearance | Attorney Appearance by Julia R. Brouhard filed by on behalf of Hy-Grade Valve, Inc.. (Brouhard, Julia) (Entered: 10/26/2010) | ||
| 2010-10-26 | 6 | 0 | Motion to dismiss | Motion to dismiss filed by Defendant Hy-Grade Valve, Inc.. (Attachments: # 1 Brief in Support, # 2 Appendix, # 3 Affidavit, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Certificate of Service)(George, Gene) (Entered: 10/26/2010) | ||
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| 2010-10-27 | 7 | 0 | Corporate Disclosure Statement | Corporate Disclosure Statement filed by Hy-Grade Valve, Inc.. (George, Gene) (Entered: 10/27/2010) | ||
| 2010-11-05 | 8 | 0 | Motion to appear pro hac vice | Motion for attorney Gregory R. Jones to Appear Pro Hac Vice. Filing fee Not Paid, SentbyUSMail, filed by Defendant Hy-Grade Valve, Inc.. (Attachments: # 1 Declaration in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing)(George, Gene) Modified text re: filing fee not paid on 11/8/2010 (G,CA). (Entered: 11/05/2010) | ||
| 2010-11-16 | 9 | 0 | Minute Order _ Telephone Conference | Minute Order of Telephone Conference held on 11/15/10. Plaintiff granted until 1/30/11 to conduct limited discovery, Plaintiff's opposition to 6 Motion to dismiss due 2/14/11. Defendant's constitutionality brief due 1/10/11, response due 2/7/11, repy 2/18/11. Judge Dan Aaron Polster on 11/16/10. (P,R) (Entered: 11/16/2010) | ||
| 2010-12-29 | 10 | 0 | Notice of Service | Notice of Service of Jurisdictional Discovery Requests filed by Unique Product Solutions, Limited. (Hrina, David) (Entered: 12/29/2010) | ||
| 2011-01-06 | 11 | 0 | Motion for extension of time (other) | Motion for extension of filed by Defendant Hy-Grade Valve, Inc.. Related document(s) 9 . (George, Gene) (Entered: 01/06/2011) | ||
| 2011-01-13 | 12 | 0 | Motion to dismiss | Motion to dismiss with Certificate of Service filed by Defendant Hy-Grade Valve, Inc.. (Attachments: # 1 Brief in Support of Motion to Dismiss, # 2 Notice of Constitutional Challenge)(George, Gene) (Entered: 01/13/2011) | ||
| 2011-01-13 | 13 | 0 | Notice of Deposition | Notice to take Deposition of Corporate Representatives of Hy-Grade Valve, Inc. (30(b)(6)) on January 26, 2011 filed by Unique Product Solutions, Limited. (Hrina, David) (Entered: 01/13/2011) | ||
| 2011-01-27 | 14 | 0 | Notice | Notice of Discovery Response by Defendant Hy-Grade Valve, Inc. to Realtor's First Set of Jurisdictional Discovery Requests filed by Hy-Grade Valve, Inc.. (Jones, Gregory) (Entered: 01/27/2011) | ||
| 2011-02-11 | 15 | 0 | Opposition | Opposition to 12 Motion to dismiss with Certificate of Service filed by Unique Product Solutions, Limited. (Attachments: # 1 Appendix Unofficially Reported Opinions)(Hrina, David) (Entered: 02/11/2011) | 2011-02-24 15:48:17 | 05943fe8408964d176089cda852c30ad74620c90 |
| 15 | 1 | Appendix Unofficially Reported Opinions | ||||
| 2011-02-14 | 16 | 0 | Opposition | Opposition to 6 Motion to dismiss filed by Unique Product Solutions, Limited. (Attachments: # 1 Exhibit Email Correspondence of Counsel, # 2 Exhibit Defendant's Written Discovery Responses, # 3 Exhibit Deposition Transcript of Victor Teumer, # 4 Exhibit Representatives' Websites)(Hrina, David) (Entered: 02/14/2011) | 2011-03-01 17:21:19 | 4078a34e5822f88ae17ae18ffb1d67ff95a3a861 |
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| 2011-02-22 | 17 | 0 | Reply | Reply to response to 6 Motion to dismiss filed by Hy-Grade Valve, Inc. (Attachments: # 1 Exhibit A-Memorandum of Opinion and Order, # 2 Exhibt B-Opinion Unique Produce Solutions LTD v Otis Products Inc, # 3 Exhibit C-Response of the United States as Amicus Curiae in Support of the Petitioner)(George, Gene) Modified on 2/23/2011 (C,KA). (Entered: 02/22/2011) | ||
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| 2011-02-23 | 18 | 0 | Order on Motion to dismiss | Memorandum of Opinion and Order . Supra, the qui tam provision of the False Marking Statute 35 U.S.C. Section 292(b) is unconstitutional under the Take Care Clause of the United States Constitution, U.S. Const. Art. II, Section 3. Accordingly, Defendant's Motion to Dismiss Plaintiff's Complaint on the ground that the qui tam provision of 35 Section U.S.C. 292(b) is unconstitutional (Related Doc # 12 ) is hereby granted. Plaintiff's Complaint is dismissed with prejudice. All other motions are denied as moot. Judge Dan Aaron Polster on 2/23/2011.(W,G) Modified document type on 2/24/2011 (M,TJ). (Entered: 02/23/2011) | 2011-02-24 15:57:16 | 3c808da727b0000358279e69bd5f885f20f20c22 |
| 2011-03-08 | 19 | 0 | Motion to intervene as a party (), Motion to alter/amend judgment , Motion for reconsideration () filed by Intervenor United States of America. Related document(s) 12 , 18 . (Paffilas, Steven) (Entered: 03/08/2011) | 2011-04-10 15:27:24 | cf49402254865b487e604ae9551cb29d2467cef7 | |
| 2011-03-09 | 20 | 0 | NOTICE OF APPEAL to the Federal Circuit Court of Appeals from the 18 Memorandum of Opinion and Order of 2/23/11, filed by Unique Product Solutions, Limited. (Filing fee of $455 paid, receipt number 0647-4591066). (Attachments: # 1 Exhibit 1 (2/23/11 Memorandum of Opinion and Order)) (Hrina, David). Modified text on 3/9/2011 (H,SP). (Entered: 03/09/2011) | |||
| 2011-03-14 | 21 | 0 | Memorandum of Opinion and Order granting USA's Motion to intervene as a party, granting Motion for reconsideration Related Doc # 19 , vacating 2/23/11 order 19 , and reaffirming 2/23/11 order granting defendant's Motion to Dismiss 12 . Plaintiff's complaint dismissed with prejudice. Judge Dan Aaron Polster on 3/14/11.(P,R) (Entered: 03/14/2011) | 2011-03-15 18:40:11 | 9d7397628ac46519005962b49bb1f7b39763cae9 | |
| 2011-03-14 | 22 | 0 | Judgment Entry terminating case. Judge Dan Aaron Polster on 3/14/11. (P,R) (Entered: 03/15/2011) | |||
| 2011-03-22 | 23 | 0 | FILING ERROR, ATTORNEY USED THE WRONG EVENT. SEE DOCUMENT 25 FOR CORRECT ENTRY. Amended Notice of Appeal filed by Unique Product Solutions, Limited. (Attachments: # 1 March 14, 2011 Judgement Entry, # 2 March 14, 2011 Memorandum of Opinion and Order, # 3 February 23, 2011 Memorandum of Opinion and Order). (Related document(s) 22 , 21 , 18 , 20 ) (Hrina, David). Modified for error message on 3/23/2011 (H,SP). (Entered: 03/22/2011) | |||
| 2011-03-23 | 24 | 0 | Acknowledgment from the USCA for the Federal Circuit of receipt of 20 Notice of Appeal (USCA# 2011-1254). Date filed in USCA 3/16/11. (H,SP) (Entered: 03/23/2011) | |||
| 2011-03-22 | 25 | 0 | AMENDED NOTICE OF APPEAL to the Federal Circuit Court of Appeals from the 18 Memorandum of Opinion and Order of 2/23/11 and from the 21 Memorandum of Opinion and Order and 22 Judgment Entry of 3/14/11, filed by Unique Product Solutions, Limited. Filing fee not paid. (Attachments: # 1 March 14, 2011, Judgment Entry, # 2 March 14, 2011 Memorandum of Opinion and Order, # 3 February 23, 2011 Memorandum of Opinion and Order) (H,SP) (Entered: 03/23/2011) | |||
| 2011-03-23 | 26 | 0 | Transcript Request by Unique Product Solutions, Limited re 25 Subsequent Notice of Appeal,. Transcript is unnecessary for appeal purposes. (Hrina, David) (Entered: 03/23/2011) | |||
| 2011-03-25 | 27 | 0 | NOTICE OF APPEAL to the Federal Circuit Court of Appeals from the 21 Memorandum of Opinion and Order and 22 Judgment Entry of 3/14/11, filed by United States of America (Paffilas, Steven). Modified text on 3/25/2011 (H,SP). (Entered: 03/25/2011) | |||
| 2012-01-20 | 28 | 0 | True copy of mandate from the USCA for the Federal Circuit: Vacating the District Court's judgment and the case is remanded with instructions to dismiss the complaint as to appeals 20 , 25 and 27 (USCA# 2011-1254 & 2011-1284). Each party to bear its own costs. Date issued as mandate 1/18/2012 (H,SP) (Entered: 01/20/2012) |