Case details

Court: ohnd
Docket #: 1:01-cv-00475
Case Name: Fan Disc Corporation v. The Master Products Co.
PACER case #: 4014
Date filed: 2001-02-28
Date terminated: 2003-05-05
Assigned to: Magistrate Judge William H. Baughman, Jr
Case Cause: 35:145 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Fan Disc Corporation
Plaintiff
 
Bruce H. Wilson
Ste. 416
120 East Mill Street
Akron, OH 44308
330-253-8300
Fax: 330-650-1129
Email: BruceWilsonEsq@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph H. Taddeo
3446 Timberwood Trail
Richfield, OH 44286-9755
216-382-4848
Fax: 216-803-2900
Email: PatentMark@aol.com
ATTORNEY TO BE NOTICED
The Master Products Co.
Defendant
 
Aaron H. Bulloff
Kadish, Hinkel & Weibel
Ste. 400
1360 East Ninth Street
Cleveland, OH 44114
216-696-3030
Fax: 216-696-3492
Email: abulloff@khwlaw.com
ATTORNEY TO BE NOTICED

Randolph E. Digges , III
Rankin Hill Clark - North Olmsted
Ste. 200
23755 Lorain Road
North Olmsted, OH 44070
216-566-9700
Fax: 216-566-9711
Email: digges@rankinhill.com
ATTORNEY TO BE NOTICED

Stephen A. Hill
Rankin, Hill, Porter & Clark - Willoughby
38210 Glenn Avenue
Willoughby, OH 44094
216-566-9700
Fax: 216-566-9711
Email: hill@rankinhill.com
ATTORNEY TO BE NOTICED
Master Products Co.
Counter-Claimant
 
Aaron H. Bulloff
(See above for address)
ATTORNEY TO BE NOTICED

Randolph E. Digges , III
(See above for address)
ATTORNEY TO BE NOTICED

Stephen A. Hill
(See above for address)
ATTORNEY TO BE NOTICED
Fan Disc Corporation
Counter-Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-02-28 1 0 Complaint for preliminary and permanent injunctive relief and damages for patent infringement (1 summons and Magistrate Consent Forms issued) against The Master Products Co.. filed by Joseph H Taddeo on behalf of Fan Disc Corporation. Filing fee collected, receipt #623557. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Civil Cover Sheet)(K, V) (Entered: 03/01/2001)
2001-02-28 2 0 Random Assignment of Magistrate Judge William H. Baughman.(K, V) (Entered: 03/01/2001)
2001-02-28 3 0 Case Information Statement Recommended Track: Standard; ECF requested filed by Joseph H Taddeo on behalf of Fan Disc Corporation.(K, V) (Entered: 03/01/2001)
2001-02-28 4 0 Notice of Placement of case in the CM/ECF Docketing System.(K, V) (Entered: 03/01/2001)
2001-03-05 5 0 Notice of Service INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS filed by Joseph H Taddeo on behalf of Fan Disc Corporation.(Taddeo, Joseph) (Entered: 03/05/2001)
2001-03-14 6 0 Return of Service Executed 03-14-2001 filed by Joseph H Taddeo on behalf of Fan Disc Corporation.(Taddeo, Joseph) (Entered: 03/14/2001)
2001-03-22 7 0 Motion for extension of time to answer complaint until 4/11/01 filed by Aaron H. Bulloff of Kadish, Hinkel & Weibel on behalf of The Master Products Co..(S, R) (Entered: 03/26/2001)
2001-03-22 8 0 Attorney Appearance filed by Aaron H. Bulloff of Kadish, Hinkel & Weibel on behalf of The Master Products Co..(S, R) (Entered: 03/26/2001)
2001-04-05 9 0 Motion for preliminary injunction filed by Joseph H Taddeo on behalf of Fan Disc Corporation. (Attachments: # 1)(Taddeo, Joseph) (Entered: 04/05/2001)
2001-04-05 10 0 Notice (related document(s) 9 ) filed by Joseph H Taddeo on behalf of Fan Disc Corporation.(Taddeo, Joseph) (Entered: 04/05/2001)
2001-04-05 11 0 Motion for order (related document(s) 9 ) filed by Joseph H Taddeo on behalf of Fan Disc Corporation.(Taddeo, Joseph) (Entered: 04/05/2001)
2001-04-16 12 0 Motion for extension of time to answer complaint filed by Aaron H. Bulloff of Kadish, Hinkel & Weibel on behalf of The Master Products Co..(M, J A) (Entered: 04/16/2001)
2001-05-03 13 0 Case Management Conference Notice & Order. Case management conference to be held on 5/16/2001 at 12:00 PM at Chambers 135. Parties to file position statement prior to conference (see Attachment A). Kathleen M. O'Malley (H, C) (Entered: 05/03/2001)
2001-05-03 14 0 Answer to Complaint (Related Doc # 1 ), Counterclaim against Fan Disc Corporation filed by The Master Products Co..(M, J A) (Entered: 05/07/2001)
2001-05-10 15 0 Position Statement re: CMC Agenda May 16, 2001 filed by Fan Disc Corporation.(Taddeo, Joseph) (Entered: 05/10/2001)
2001-05-14 16 0 Position Statement re: CMC Agenda filed by The Master Products Co..(S, R) (Entered: 05/15/2001)
2001-05-16 17 0 Minutes of Proceedings: Magistrate Judge William H. Baughman, Jr.; Court Reporter none; Case Management Conference held; (related document(s) 13 ) Status hearing to be held on 5/30/2001 at 10:00 AM at Chambers 212 to discuss need for preliminary injunction hearing; status conference will be cancelled upon receipt of stipulated preliminary injunction consent order; parties executed consent to Magistrate Judge's jurisdiction; Case Management Order to issue.(W, J) (Entered: 05/16/2001)
2001-05-16 18 0 Case Management Conference Plan: (related document(s) 17 ) non-expert discovery by 10/1/01; expert reports shall be exchanged by 11/1/01, responsive reports due 1/7/02, expert discovery due by 2/7/2002; pleadings shall be amended & new parties to be Joined by 8/1/2001; Dispositive Motions due by 3/7/2002; Status/settlement conference to be held on 2/14/2002 at 10:00 AM at Chambers 212; Status conference set for 5/30/01 at 10:00 a.m. unless agree upon preliminary injunction is tendered to the Court (Magistrate Judge William H. Baughman, Jr.)(W, J) (Entered: 05/16/2001)
2001-05-17 19 0 Answer to Counterclaim of Defendant (Related Doc # 14 ) filed by Fan Disc Corporation.(Taddeo, Joseph) (Entered: 05/17/2001)
2001-05-17 20 0 Consent to Magistrate Judge William H. Baughman. Kathleen M. O'Malley (H, C) (Entered: 05/18/2001)
2001-05-21 21 0 Notice of Hearing:(related document(s) 18 ) Status hearing and settlement conference to be held on 2/14/2002 at 10:00 AM at Chambers 220. (Magistrate Judge William H. Baughman, Jr.)(W, J) (Entered: 05/21/2001)
2001-05-29 22 0 Notice: (related document(s) 18 ) Status hearing reset for 6/14/2001 at 02:00 PM at Chambers 212. (W, J) (Entered: 05/29/2001)
2001-06-14 23 0 Minute Sheet: Magistrate Judge William H. Baughman, Jr.; Court Reporter none; Oral request of defendant's counsel, Steven Hill, to continue status conference - granted; (related document(s) 22 ) Status hearing for 6/20/2001 at 02:00 PM at Chambers 212.(W, J) (Entered: 06/14/2001)
2001-06-14 24 0 Notice: Status conference reset for 6/20/01 at 2:00 p.m. before Magistrate Judge William H. Baughman in room 212 (related document(s) 22 ) (W, J) (Entered: 06/14/2001)
2001-06-20 25 0 Notice of Hearing: Status conference RESET for 7/11/2001 at 02:00 p.m. before Magistrate Judge William H. Baughman, Jr. in Room 212 (Related documents(s) 24 ) (W, J) (Entered: 06/20/2001)
2001-07-10 26 0 Notice of Hearing: Status conference reset for 7/12/2001 at 03:00 PM at Chambers 212, 201 Superior Ave., Cleveland, OHio (Related documents(s) 22 ) (W, J) (Entered: 07/10/2001)
2001-07-13 27 0 Joint Motion for order Consent Decree filed by Randolph E. Digges III on behalf of The Master Products Co.. (Digges, Randolph) (Entered: 07/13/2001)
2001-07-16 28 0 Order entered on 7/16/2001, per agreement of the parties,granting motion for preliminary injunction(Related documents(s) 9 , 27 ) Magistrate Judge William H. Baughman, Jr.(W, J) (Entered: 07/16/2001)
2001-09-24 29 0 Notice to take Deposition of THE MASTER PRODUCTS CO. on 09/24/2001 filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 09/24/2001)
2002-02-28 30 0 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr.; Court Reporter none; status/settlement conference held; settlement discussed; Discovery reopened through 4/30/2002; telephonic status hearing to be held on 5/7/2002 at 10:00 AM with Court initiating the call; order will be issued amending Case Management Plan; Clients must be present at next settlement conference (W, J) (Entered: 02/28/2002)
2002-02-28 31 0 Amended Case Management Conference Plan/Order: Discovery due by 4/30/2002 - no further extensions will be granted, with telephonic status conference to be held on 5/7/2002 at 10:00 AM; schedule for briefing of dispositive motions set forth in original case management plan is vacated (Related document(s) 30 , 18 ). Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 02/28/2002)
2002-04-24 32 0 Notice to take Deposition of Defendant's Comptroller on April 30, 2002 filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 04/24/2002)
2002-05-07 33 0 Minute Sheet: Status hearing held before Magistrate Judge William H. Baughman, Jr.; Court reporter: None; schedule for briefing on summary judgment set -- Dispositive Motions due by 7/9/2002, with Pre-Trial Conference to be held on 11/12/2002 at 10:00 a.m., and Jury Trial set for 11/18/2002 at 09:00 AM in Chambers 220 (Related documents(s) 30 ). (SG, G) (Entered: 05/07/2002)
2002-05-07 34 0 Order that motions for summary judgment with briefs in support are due on or before 07/09/2002; briefs in opposition to motions for summary judgment are due on or before 08/08/2002; reply briefs, if any, in support of motions for summary judgment are due on or before 08/22/2002; final pretrial is set for 11/12/2002 at 10:00 a.m.; jury trial will commence on 11/18/2002 at 9:00 a.m. (Related document(s) 33 ). Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 05/07/2002)
2002-05-08 35 0 Trial Order: Pre-Trial Conference set for 11/12/2002 at 10:00 AM at Chambers 220, Jury Trial set for 11/18/2002 at 09:00 AM in Chambers 220 (Related document(s) 34 ). Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 05/08/2002)
2002-07-09 36 0 Motion for summary judgment filed by all defendants. (Hill, Stephen) (Entered: 07/09/2002)
2002-07-09 37 0 Motion for summary judgment filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 07/09/2002)
2002-07-10 38 0 Affidavit/Declaration of Frederic P. Kramer filed by Fan Disc Corporation. (Related document(s) 37 ) (Taddeo, Joseph) (Entered: 07/10/2002)
2002-08-08 39 0 Response (Related Motion(s) 36 ) to defendant's Motion for Summary Judgment filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 08/08/2002)
2002-08-09 40 0 Reply to plaintiff's motion for summary judgment (Related Motion(s) 37 ) filed by The Master Products Co.. (Hill, Stephen) Modified on 8/12/2002 (S, R). (Entered: 08/09/2002)
2002-08-16 41 0 Opposition to defendants motion for leave to file reply to plaintiff's motion for summary judgment (MOTION WITHIN REPLY) filed by Fan Disc Corporation. (Related document(s) 40 ) (Taddeo, Joseph) Modified on 8/19/2002 (S, R). (Entered: 08/16/2002)
2002-08-22 42 0 Reply (Related Motion(s) 36 ) to Plaintiff's Response To Defendant's Motion For Summary Judgment filed by Master Products Co.. (Hill, Stephen) (Entered: 08/22/2002)
2002-08-22 43 0 Response to Plaintiff's Objection to Defendant's Motion For Leave to File Reply filed by Master Products Co.. (Related document(s) 41 ) (Hill, Stephen) (Entered: 08/22/2002)
2002-08-22 44 0 Reply (Related Motion(s) 37 ) To Defendant's Response to Fan Disc's M/S/J filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 08/22/2002)
2002-08-23 45 0 Deposition of Jeff Walters taken on 9/24/01. (55 pages) (Complete Document on File in Clerk's Office) filed by Fan Disc Corporation. (M, J A) (Entered: 08/23/2002)
2002-08-23 46 0 Deposition of David Mitskavich taken on 5/9/02. (62 pages) (Complete Document on File in Clerk's Office) filed by Fan Disc Corporation. (M, J A) (Entered: 08/23/2002)
2002-10-04 47 0 Order that the request of the Master Products Company for leave to file a reply to plaintiff's motion for summary judgment instanter is granted. (Related document(s) 40 ) Magistrate Judge William H. Baughman, Jr.(W, J) (Entered: 10/04/2002)
2002-10-22 48 0 Memorandum, Opinion and Order granting Fan Disc's motion for partial summary judgment as to the issue of infringement of its patent, contingent upon a favorable verdict at trial on Master Products's counterclaim for invalidity of the patent; denying Fan Disc's motion for partial summary judgment as to the issue of notice of infringement (Related Doc # 37 ); and denying Master Products's motion for summary judgment as to its counterclaim for invalidity (Related Doc # 36 ). Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 10/22/2002)
2002-11-12 49 0 Minute Sheet: Magistrate Judge William H. Baughman, Jr.; Court Reporter: None; Final Pretrial conducted; settlement discussed; case did not settle, trial to go forward on 11/18/2002, as previously scheduled (Related documents(s) 35 ). Separate order with revised deadlines for filing trial-related materials to issue. (SG, G) (Entered: 11/12/2002)
2002-11-12 50 0 Order revising deadlines for filing trial-related materials (Related document(s) 49 , 35 ). Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 11/12/2002)
2002-11-14 51 0 Trial Brief filed by The Master Products Co.. (Hill, Stephen) (Entered: 11/14/2002)
2002-11-14 52 0 Witness List filed by The Master Products Co.. (Hill, Stephen) (Entered: 11/14/2002)
2002-11-14 53 0 Exhibit List filed by The Master Products Co.. (Hill, Stephen) (Entered: 11/14/2002)
2002-11-14 54 0 Trial Brief filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 11/14/2002)
2002-11-14 55 0 Witness List filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 11/14/2002)
2002-11-15 56 0 Exhibit List filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 11/15/2002)
2002-11-15 57 0 Attorney Appearance of Bruce H. Wilson on behalf of Fan Disc Corporation. (Taddeo, Joseph) Modified text on 11/18/2002 (M, J A). (Entered: 11/15/2002)
2002-11-18 58 0 Motion in limine re: defense Exhibits 1001, 1002, 1003 and 1004 filed by Fan Disc Corporation. (M, J A) (Entered: 11/19/2002)
2002-11-19 59 0 Minutes of proceedings held before Magistrate Judge William H. Baughman, Jr. (Related documents(s) 35 ); Court reporter Shirle Perkins. Trial begun but not concluded; jury waived by the parties; trial continued to 11/19/2002 at 9:00 a.m. (SG, G) (Entered: 11/19/2002)
2002-11-19 60 0 Order that the Second and Third Claims for Relief in Fan Disc's complaint are dismissed without prejudice. Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 11/20/2002)
2002-11-20 61 0 Minutes of proceedings held before Magistrate Judge William H. Baughman, Jr.; Court reporter Shirle Perkins. Trial resumed and concluded; Opening statements begun and concluded; Plaintiff's case begun; Testimony taken; Defendant's case begun; Testimony taken; Plaintiff's exhibits entered into record; Defendant's exhibits entered into record; Cross-examination begun and concluded. The parties are to submit briefs with proposed findings of fact and conclusions of law on or before 11/27/2002 (Related documents(s) 59 ).(SG, G) (Entered: 11/20/2002)
2002-11-22 62 0 Notice Under Civil Rule 44.1 filed by The Master Products Co.. (Digges, III, Randolph) (Entered: 11/22/2002)
2002-11-27 63 0 Closing Argument filed by The Master Products Co. (Hill, Stephen) Modified on 12/2/2002 (S, R). (Entered: 11/27/2002)
2002-11-27 64 0 Proposed Findings of Fact and Conclusions of Law filed by Master Products Co.. (Hill, Stephen) (Entered: 11/27/2002)
2002-11-27 65 0 Proposed Findings of Fact and Conclusions of Law filed by Fan Disc Corporation. (Taddeo, Joseph) (Entered: 11/27/2002)
2002-11-28 66 0 Closing Argument filed by Fan Disc Corporation. (Taddeo, Joseph) Modified on 12/2/2002 (S, R). (Entered: 11/28/2002)
2003-02-26 67 0 Notice of Hearing: status conference to be held on 5/2/2003 at 01:30 PM at Chambers 10A; Only lead counsel need to be present (Related documents(s) 61 ) (W, J) (Entered: 02/26/2003)
2003-04-04 68 0 Unoppoed Motion for postponement of status conference scheduled for 5/02/2003 filed by Fan Disc Corporation. (Taddeo, Joseph) Modified on 4/7/2003 (S, R). (Entered: 04/04/2003)
2003-04-11 69 0 Notice that plaintiff withdraws motion to postpone filed by Fan Disc Corporation. (Taddeo, Joseph) Modified on 4/14/2003 (S, R). (Entered: 04/11/2003)
2003-05-05 70 0 Findings of Fact/Conclusions of Law: the Court hereby declares that U.S. Patent No. 5,829,933 is invalid under 35 U.S.C. 102(b); the Court, therefore, will enter judgment in favor of Master Products and against Fan Disc on Master Products' counterclaim (Related document(s) 61 ) Magistrate Judge William H. Baughman, Jr.(W, J) Modified on 5/5/2003 (W, J). (Entered: 05/05/2003)
2003-05-05 71 0 JUDGMENT that the plaintiff take nothing on its complaint, that the complaint be dismissed on the merits, and that defendant recover from the plaintiff the costs of action; that judgment be entered for the defendant and against the plaintiff on the counterclaim, declaring that U.S. Patent No. 5,829,933 is invalid under 35 U.S.C. 102(b). (Related document(s) 70 ) Magistrate Judge William H. Baughman, Jr.(W, J) (Entered: 05/05/2003)
2003-05-19 72 0 Motion for attorney fees by Stephen A. Hill filed by on behalf of The Master Products Co.. (Hill, Stephen) (Entered: 05/19/2003)
2003-05-30 73 0 Response (Related Motion(s) 72 ) to motion for attorney fees filed by Fan Disc Corporation. (Taddeo, Joseph) Modified text 6/11/2003 (C, K A). (Entered: 05/30/2003)
2003-06-02 74 0 Unopposed Motion for extension of time to file Notice of Appeal filed by Fan Disc Corporation. (Taddeo, Joseph) Modified on 6/3/2003 (S, R). (Entered: 06/02/2003)
2003-06-03 75 0 Order signed on 6/3/2003 Granting Motion for extension of time until 07/07/2003 (Related Doc # 74 ) to file a notice of appeal. Magistrate Judge William H. Baughman, Jr. (SG, G) (Entered: 06/03/2003)
2003-06-04 76 0 Notice of Appeal to the Federal Circuit Court of Appeals from the judgment of 5/5/03 filed by Fan Disc Corporation. Filing fee paid; receipt number 642834. (Related document(s) 71 ) (H, S P) (Entered: 06/05/2003)
2003-06-09 77 0 Reply (Related Motion(s) 72 ) filed by Master Products Co.. (Hill, Stephen) (Entered: 06/09/2003)
2003-06-10 78 0 Appeal Transcript Order Form requesting transcript of trial filed by Fan Disc Corporation. (Related document(s) 76 ) (H, S P) (Entered: 06/11/2003)
2003-06-16 79 0 Acknowledgment from the USCA for the Federal Circuit of receipt of Notice of Appeal [USCA# 03-1422]. Date of docketing 6/10/03 (Related documents(s) 76 ) (H, S P) (Entered: 06/17/2003)
2003-08-08 80 0 True copy of mandate from the USCA for the Federal Circuit: Dismissing the appeal upon the parties stipulation of dismissal (USCA# 03-1422) (Related document 76 Notice of Appeal). Date issued as mandate 8/5/03 (H, S P) (Entered: 08/13/2003)