Case details

Court: ohnd
Docket #: 5:01-cv-01833
Case Name: Buyers Products Company, Inc. v. Wallace Forge Company, Inc.
PACER case #: 5882
Date filed: 2001-07-27
Date terminated: 2002-02-05
Assigned to: Judge James S. Gwin
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Buyers Products Company, Inc.
Plaintiff
 
Christopher B. Fagan
Fay Sharpe
5th Floor
1228 Euclid Avenue
Cleveland, OH 44115
216-861-5582
Fax: 216-241-1666
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David B. Cupar
McDonald Hopkins - Cleveland
Ste. 2100
600 Superior Avenue, E
Cleveland, OH 44114
216-348-5400
Fax: 216-348-5474
Email: dcupar@mcdonaldhopkins.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard M. Klein
Fay Sharpe
5th Floor
1228 Euclid Avenue
Cleveland, OH 44115
216-363-9000
Fax: 216-363-9001
Email: rklein@faysharpe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark E. Bandy
Rankin, Hill, Porter & Clark
700 Huntington Bldg.
925 Euclid Avenue
Cleveland, OH 44115
216-566-9700
Fax: 216-566-9711
Email: bandy@rankinhill.com
ATTORNEY TO BE NOTICED

Joseph A. Sebolt
Sand & Sebolt
Aegis Tower - Ste. 1100
4940 Munson Street NW
Canton, OH 44718
330-244-1174
Fax: 330-244-1173
Email: joes@sandandsebolt.com
ATTORNEY TO BE NOTICED
Wallace Forge Company, Inc.
Defendant
 
Joseph A. Sebolt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James F. McCarthy , III
Katz, Teller, Brant & Hild
2400 Chemed Center
255 East Fifth Street
Cincinnati, OH 45202
513-721-4532
Fax: 513-762-0006
Email: jmccarthy@katzteller.com
ATTORNEY TO BE NOTICED

Laura L. Beoglos
Sand & Sebolt
1100 Aegis Tower
4940 Munson Street
Canton, OH 44718
330-244-1174
Fax: 330-244-1173
Email: LauraB@SandandSebolt.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-07-27 1 0 Complaint with Jury Demand (One) summons and Magistrate Consent Forms issued) against Wallace Forge Company, Inc.. Filed by Buyers Products Company, Inc.. Filing fee paid; receipt number 627268. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Civil Cover Sheet)(E, P) Additional attachment (Exhibit A) added on 8/3/2001 (R, J A). Modified text regarding Exhibit A on 8/3/2001 (R, J A). (Entered: 07/30/2001)
2001-07-27 2 0 Random Assignment of Magistrate Judge George J. Limbert. (E, P) (Entered: 07/30/2001)
2001-07-27 3 0 Case Information Statement , Recommended Track: Standard filed by Buyers Products Company, Inc.. (E, P) (Entered: 07/30/2001)
2001-07-27 4 0 Notice of Placement of case in the CM/ECF Docketing System. (E, P) (Entered: 07/30/2001)
2001-07-31 5 0 Return of Service Executed upon defendant Wallace Forge Company, Inc. on 7/30/01 by certified mail filed by Buyers Products Company, Inc.. (E, P) Modified text on 8/1/2001 (R, J A). (Entered: 07/31/2001)
2001-08-14 6 0 Order signed by Judge James S. Gwin on 8/14/01 that this case is to be entered into the Court's electronic filing system. All further documents, notices and orders in this matter are to be filed electronically rather than on paper. (Attachments: # 1 Policies & Procedures Manual)(A, V) (Entered: 08/14/2001)
2001-08-14 7 0 Case Management Conference Scheduling Order signed by Judge James S. Gwin. Case management conference to be held on 9/12/01 at 12:00 noon. (Attachments: # 2 & 3)(A, V) (Entered: 08/14/2001)
2001-08-20 8 0 Answer to complaint for patent infringement with jury demand filed by Wallace Forge Company, Inc. (Related document(s) 1 ) (E, P) Modified text to correct filer's name on 8/21/2001 (L, T). (Entered: 08/20/2001)
2001-08-31 9 0 Motion for oder to Reschedule Case Management Conference filed by Buyers Products Company, Inc.. (Cupar, David) Modified text on 9/4/2001 (R, J A). (Entered: 08/31/2001)
2001-09-04 10 0 Order entered on 9/4/01 by Judge James S. Gwin granting motion to continue the case management conference set for 9/12/01 (Related Doc # 9 ). The case management conference is rescheduled and will take place on 9/17/01 at 10:00 a.m. (A, V) (Entered: 09/04/2001)
2001-09-12 11 0 Report of Parties Planning Meeting filed by all parties. (Bandy, Mark) (Entered: 09/12/2001)
2001-09-18 12 0 Minutes of Proceedings. Case Mangement Conference held before Judge James S. Gwin on 9/17/01. Court Reporter: none. (A, V) (Entered: 09/18/2001)
2001-09-18 13 0 Case Management Conference Plan/Order signed by Judge James S. Gwin. Case assigned to the Standard Track. Preliminary discovery due by 1/7/02 with all discovery due by 3/11/02, Parties to be Joined and Pleading Amendments due by 9/17/01, Dispositive Motions due by 1/14/02, with responses by 1/28/02 and replies by 2/4/02. Final Pre-Trial Conference set for 3/18/02 at 4:00 p.m. Jury Trial set on a two-week standby basis beginning 3/25/02 at 8:00 a.m. (A, V) (Entered: 09/18/2001)
2001-09-18 14 0 Order signed by Judge James S. Gwin scheduling a status conference on 12/12/01 at 12:00 noon. The plaintiff is to identify their experts by 10/22/01 and defendants by 11/13/01.(A, V) (Entered: 09/18/2001)
2001-09-18 15 0 Order signed by Judge James S. Gwin on 9/18/01 that preliminary discovery with regard to claim construction is to be completed on or before 11/26/01. The parties are to file opening briefs on 11/29/01. A hearing regarding claim construction is scheduled and will take place on 12/3/01 at 1:00 p.m. Supplement briefs are to be filed on 12/10/01. (A, V) (Entered: 09/18/2001)
2001-09-28 16 0 Joint Motion for protective order (unsigned) filed by Wallace Forge Company, Inc.. (Attachments: # 1 Proposed Stipulated Protective Order)(McCarthy, III, James) Modified text on 10/1/2001 (P, S). (Entered: 09/28/2001)
2001-10-01 17 0 Marginal Order entered on 10/1/01 by Judge James S. Gwin granting joint motion for protective order. Protective Order filed on 10/1/01 (Related Doc # 16 ) (A, V) (Entered: 10/01/2001)
2001-10-01 18 0 Stipulated Protective Order signed by Judge James S. Gwin on 10/1/01 (Related document(s) 17 ) (A, V) (Entered: 10/01/2001)
2001-10-19 19 0 Designation of Expert Witness with Exhibit A filed by Buyers Products Company, Inc.. (Bandy, Mark) Modified text adding Exhibit A on 10/22/2001 (R, J A). Modified text on 10/22/2001 (P, S). (Entered: 10/19/2001)
2001-11-02 20 0 Motion to compel discovery filed by Buyers Products Company, Inc.. (Attachments: # 1 Proposed Order # 2 Errata Motion to Exceed 15 Pages# 3 Brief in Support # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit # 22 Exhibit)(Bandy, Mark) (MOTION TO EXCEED FILED IN ERROR-DOCUMENT REFILED, See #21) Modified text regarding refiling on 11/5/2001 (R, J A). (Document withdrawn 12/7/01) Modified regarding withdrawal of this document on 12/10/2001 (R, J). (Entered: 11/02/2001)
2001-11-05 21 0 Motion for leave to file Memorandum Exceeding Fifteen (15) Pages, Concerning Plaintiff's Motion to Compel Responsive Answers to Discovery Requests filed by Buyers Products Company, Inc.. (Attachments: # 1 Brief in Support Supporting Brief for Motion to Compel# 2 Exhibit A to Brief# 3 Exhibit B to Brief# 4 Exhibit C to Brief# 5 Exhibit D to Brief# 6 Exhibit E to Brief# 7 Exhibit F to Brief# 8 Exhibit G to Brief# 9 Exhibit H to Brief# 10 Exhibit I to Brief# 11 Exhibit J to Brief# 12 Exhibit K to Brief# 13 Exhibit L to Brief# 14 Exhibit M to Brief# 15 Exhibit N to Brief# 16 Exhibit O to Brief# 17 Exhibit P to Brief# 18 Exhibit Q to Brief# 19 Exhibit R to Brief# 20 Exhibit S to Brief)(Related document(s) 20 ) (Bandy, Mark) Modified text and deleted duplicate wording of attachments on 11/5/2001 (R, J A). (Entered: 11/05/2001)
2001-11-06 22 0 Marginal Order entered on 11/6/01 Granting in part, Denying in part plaintiff's motion for leave to file memorandum exceeding page limit. Plaintiff is granted leave to file a 20 page memorandum in support of their motion to compel (Related Doc # 21 ) (A, V) (Entered: 11/06/2001)
2001-11-08 23 0 Notice of manual filing of plaintiff's memorandum in support of motion to compel responsiver answers to discovery requests w/exhibits A-S filed by Buyers Products Company, Inc.. (E, P) (Entered: 11/09/2001)
2001-11-08 24 0 Memorandum In Support (Related Motion(s) 20 ) of Motion to compel responsive answers to discovery requests filed by Buyers Products Company, Inc.. (E, P) Modified text on 11/13/2001 (R, J A). (Entered: 11/09/2001)
2001-11-08 25 0 Exhibits A-S in support of memorandum in support of motion to compel responsive answers to discovery requests (Complete Document on file in Clerk's Office) filed by Buyers Products Company, Inc.. (Related document(s) 24 , 20 , 23 ) (E, P) Modified text on 11/13/2001 (R, J A). (Entered: 11/09/2001)
2001-11-13 26 0 Notice of Designation of Expert Witnesses filed by Wallace Forge Company, Inc.. (Attachments: # 1 Exhibit Liles' curriculum vitae# 2 Exhibit Dilling's curriculum vitae)(McCarthy, III, James) Modified text on 11/14/2001 (R, J A). (Entered: 11/13/2001)
2001-11-19 27 0 Opposition (Related Motion(s) 20 ) to Motion to Compel Responsive Answers to Discovery Requests filed by Wallace Forge Company, Inc.. (Attachments: #(1) Exhibit A #(2) Exhibit B #(3) Exhibit C)(Beoglos, Laura) Modified text describing attachments on 11/20/2001 (R, J). (Entered: 11/19/2001)
2001-11-20 28 0 Motion for extension of discovery deadlines filed by Buyers Products Company, Inc.. (Bandy, Mark) Modified text on 11/21/2001 (P, S). (Entered: 11/20/2001)
2001-11-21 29 0 Order entered on 11/21/01 by Judge James S. Gwin that plaintiff's motion to compel is referred to Magistrate Judge George J. Limbert for a decision. (Related Doc # 20 ) (A, V) (Entered: 11/21/2001)
2001-11-21 30 0 Order signed by Judge James S. Gwin on 11/21/01 granting in part plaintiff's motion to extend deadlines with regard to claim construction. Preliminary discovery with regard to claim construction is to be completed on or before 12/10/01. The parties are to file opening briefs on 12/13/01. A hearing regarding claim construction is scheduled and will take place on 12/17/01 at 9:00 a.m. Supplement briefs are to be filed on 12/28/01. (Related Doc # 28 , 15 ) (A, V) (Entered: 11/21/2001)
2001-11-21 31 0 Order: Oral hearing scheduled on plaintiff's motion to compel discovery for 12/4/01 at 10:00 a.m. (Related document(s) 20 , 29 ). Magistrate Judge George J. Limbert. (S, A) (Entered: 11/21/2001)
2001-11-26 32 0 Reply (Related Motion(s) 20 ) to Defendant's Memorandum in Opposition to Plaintiff's Motion to Compel Responsive Answers to Discovery Requests filed by Buyers Products Company, Inc.. (Attachments: # 1 Exhibit A)(Bandy, Mark) (Entered: 11/26/2001)
2001-12-05 33 0 Order: Conference held on 12/4/01 regarding plaintiff's motion to compel(Related document(s) 20 ); plaintiff is ordered to file a brief on the issue of compliance with Local Rule 37.1 no later than 12/7/01; defendant shall thereafter file a responsive brief, should it choose to do so, no later than 12/21/01; FURTHER, with regard to the interrogatories & requests, the Court orders compliance with same as outlined in this Order. Magistrate Judge George J. Limbert. (S, A) (Entered: 12/05/2001)
2001-12-06 34 0 Motion to withdraw document titled Plaintiff's Motion for Sanctions filed by Buyers Products Company, Inc.. (Related document(s) 20 ) (Bandy, Mark) Modified text on 12/6/2001 (R, J). (Entered: 12/06/2001)
2001-12-06 35 0 Nunc Pro Tunc Order: An error was made in the Court's Order of 12/5/01 regarding the deadline date in which defendant must answer plaintiff's interrogatory #10; defendant is ordered to supplement its answer to this interrogatory in as much detail as possible & as soon as possible, but no later than 12/7/01 (not 12/6/01); FURTHER, defendant is ordered to supplement its answer to interrogatory #10 no later than 12/7/01 (Related document(s) 33 ). Magistrate Judge George J. Limbert. (S, A) (Entered: 12/06/2001)
2001-12-07 36 0 Marginal Order entered on 12/7/01 by Judge James S. Gwin granting plaintiff's motion to withdraw their motion for sanctions (Related Doc # 20 ) 34 ) (A, V) (Entered: 12/07/2001)
2001-12-07 37 0 Memorandum on Attorney-Client Privilege and Attorney Work Product filed by Wallace Forge Company, Inc.. (Related document(s) 20 ) (McCarthy, III, James) Modified text on 12/10/2001 (R, J). (Entered: 12/07/2001)
2001-12-12 38 0 Response In Opposition to Defendant's Memorandum on Attorney-Client Privilege and Attorney Work-Product filed by Buyers Products Company, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Related Doc. 37 ) (Bandy, Mark) Modified adding document link on 12/13/2001 (R, J). (Entered: 12/12/2001)
2001-12-12 39 0 Order signed by Judge James S. Gwin on 12/12/01 that the Court instructs the parties to include in their briefs which are to be filed on 12/13/01 a list of claim, terms, phrases,or clauses which that party contends should be construed by the Court, and identify any claim element which that party contends should be governed by 35 U.S.C. Section 112(6). The parties shall for each element which any party contends is governed by 35 U.S.C. Section 112(6), identify the structure(s), act(s), or material(s) corresponding to that element. On 12/14/01the parties shall complete and file a Joint Claim Construction and Prehearing Statement. (A, V) (Entered: 12/12/2001)
2001-12-13 40 0 Markman Brief filed by Buyers Products Company, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B (Notice of Manual Filing of Exhibit B) # 3 Exhibit C) (Related Doc. 48 ) (Bandy, Mark) Additional attachment(s) added on 12/14/2001 (R, J). Modified documents by rotating Main Document and further describing Exhibit B on 12/14/2001 (R, J). Modified adding document link on 12/18/2001 (R, J). (Entered: 12/13/2001)
2001-12-13 41 0 First Markman Brief on Claim Construction filed by Wallace Forge Company, Inc.. (Attachments: # 1 Exhibit pintle hitch picture# 2 Affidavit Exhibit B Declaration of Jim Liles)(McCarthy, III, James) Modified text on 12/14/2001 (R, J). (Entered: 12/13/2001)
2001-12-13 42 0 Notice of Manual Filing of Markman Brief filed by Buyers Products Company, Inc.. (Bandy, Mark) (With agreement of counsel, notice filed in error; see Doc. #40) Modified text regarding filing error on 12/14/2001 (R, J). (Entered: 12/13/2001)
2001-12-14 43 0 Order that documents listed on the privilege log as work-product are protected and Plaintiff's motion to compel with regard to Interrogatories 5, 6, and 7 and Request for Production of Documents Number 7 is DENIED. George J. Limbert, Magistrate Judge (Related document(s) 20 ) (M, P) (Entered: 12/14/2001)
2001-12-14 44 0 First Affidavit/Declaration of James Liles filed by Wallace Forge Company, Inc.. (Related document(s) 41 ) (McCarthy, III, James) Modified text on 12/17/2001 (R, J). (Entered: 12/14/2001)
2001-12-14 45 0 Joint Claim Construction and Prehearing Statement filed by all parties. (Attachments: # 1 Affidavit Scott Dilling's Report)(Related document(s) 41 ) (McCarthy, III, James) Modified text and added filers on 12/17/2001 (R, J). (Entered: 12/14/2001)
2001-12-14 46 0 Motion to strike Declaration of James S. Liles presented as Exhibit B to Defendant's Opening Brief on Claim Construction filed by Buyers Products Company, Inc.. (Related Doc. 41 ) (Attachments: # 1 Exhibit A)(Bandy, Mark) Modified text adding further description and document link on 12/17/2001 (R, J). (Entered: 12/14/2001)
2001-12-14 47 0 Rebuttal to Claim Construction Position to Defendant's Claim Construction filed by Buyers Products Company, Inc.. (Related document(s) 45 ) (Bandy, Mark) Modified text on 12/17/2001 (R, J). (Entered: 12/14/2001)
2001-12-13 48 0 Exhibits B to Markman Brief (Complete document on file in Clerk's Office - 155 pages) filed by Buyers Products Company, Inc.. (Related document(s) 40 ) (E, P) Modified text and added number of pages on 12/18/2001 (R, J). (Entered: 12/17/2001)
2001-12-17 49 0 Motion to clarify December 14, 2001 Order filed by Buyers Products Company, Inc.. (Bandy, Mark) (Entered: 12/17/2001)
2001-12-17 50 0 Motion for extension of time of 10 days after Court's resolution of the claim construction issues to Submit Expert Reports filed by Buyers Products Company, Inc.. (Bandy, Mark) Modified text on 12/18/2001 (R, J). (Entered: 12/17/2001)
2001-12-13 51 0 Exhibits A-C in support of Markman Brief (COMPLETE DOCUMENT ON FILE IN CLERK'S OFFICE - 175 pages) filed by Buyers Products Company, Inc.. (Related document(s) 40 ) (R, J) Modified adding number of pages on 12/18/2001 (R, J). (Entered: 12/18/2001)
2001-12-18 52 0 First Notice of Comparison of Claim Construction offered by Plaintiff and Defendant filed by Wallace Forge Company, Inc.. (Related document(s) 41 ) (McCarthy, III, James) Modified text deleting duplicate party name on 12/19/2001 (R, J).WITHDRAWN per order # 82 Modified text on 1/25/2002 (P, S). (Entered: 12/18/2001)
2001-12-18 53 0 Memorandum in Support of Plaintiff Buyers Products Co., Inc.'s Motion for an Extension of Time to Submit Expert Reports filed by Wallace Forge Company, Inc.. (Related document(s) 50 ) (McCarthy, III, James) Modified text and deleted duplicate party name on 12/19/2001 (R, J). Modified correcting document link on 12/20/2001 (R, J). (Entered: 12/18/2001)
2001-12-18 54 0 First Motion for extension of time of 30 days following issuance of Claim Construction decision for Deadline for Discovery and Filing Dispositive Motions filed by Wallace Forge Company, Inc.. (McCarthy, III, James) Modified text deleting duplicate party name and document link and adding time on 12/19/2001 (R, J). (Entered: 12/18/2001)
2001-12-19 55 0 Marginal Order entered on 12/19/01 by Judge James S. Gwin granting plaintiff's motion that the deadline for submitting the experts report by both parties be moved to a period of time of within ten days after the Court's ruling on the claim construction issues. (Related Doc # 50 ) (A, V) Modified text correcting typographical error on 12/20/2001 (R, J). (Entered: 12/19/2001)
2001-12-20 56 0 Non-Appeal Transcript Order Form for proceedings of 12/17/01 before Judge Gwin filed by Wallace Forge Company, Inc.. (R, J) (Entered: 12/20/2001)
2001-12-20 57 0 Transcript of proceedings of Markman Hearing before Judge Gwin taken 12/17/01. Susan K. Trischan, Court Reporter (Complete document on file in the Clerk's Office - 103 pages). (R, J) (Entered: 12/20/2001)
2001-12-27 58 0 Opposition (Related Motion(s) 46 ) Memorandum to Motion to Strike filed by Wallace Forge Company, Inc.. (McCarthy, III, James) Modified text on 12/27/2001 (R, J). (Entered: 12/27/2001)
2001-12-28 59 0 First Motion for leave to File Closing Brief in Excess of Fifteen Page Limitation filed by Wallace Forge Company, Inc.. (Attachments: # 1 Brief in Support Closing Brief on Claim Construction)(Related document(s) 41 ) (McCarthy, III, James) (Entered: 12/28/2001)
2001-12-28 60 0 Motion for leave To Present "Plaintiff's Reply to Defendant's Opening Brief on Claim Construction" Exceeding Fifteen (15) Pages filed by Buyers Products Company, Inc.. (Attachments: # 1 Brief in Support of Plaintiff's Reply to Defendant's Opening Brief on Claim Construction# 2 Exhibit A# 3 Exhibit B)(Cupar, David) (Entered: 12/28/2001)
2001-12-31 61 0 Opposition (Related Motion(s) 49 ) to Motion for Clarification filed by Wallace Forge Company, Inc.. (McCarthy, III, James) Modified text deleting double wording on 1/2/2002 (R, J). (Entered: 12/31/2001)
2002-01-02 62 0 Motion for extension of time for Discovery and Filing Dispositive Motions for 30 days filed by Buyers Products Company, Inc.. (Related document(s) 54 ) (Bandy, Mark) Modified text adding days on 1/3/2002 (R, J). (Entered: 01/02/2002)
2001-12-28 63 0 Notice of manual filing of plaintiff's reply to defendant's opening brief on claim construction filed by Buyers Products Company, Inc.. (Related Doc. 64 (B, B) Modified adding document link on 1/3/2002 (R, J). (Entered: 01/02/2002)
2001-12-28 64 0 Reply to defendant's opening brief on claim construction filed by Buyers Products Company, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 41 , 63 ) (B, B) Modified text on 1/2/2002 (B, B). Modified adding document link on 1/3/2002 (R, J). (Entered: 01/02/2002)
2002-01-03 65 0 Motion to withdraw document entitled " Defendant Wallace Forge Co., Inc.'s Comparison of Claim Construction Offered by Plaintiff and Defendant" filed by Buyers Products Company, Inc.. (Attachments: # 1 Memorandum in Support # 2 Exhibit A)(Related document(s) 52 ) (Bandy, Mark) Modified text regarding description of attachment # 1 on 1/4/2002 (R, J). (Entered: 01/03/2002)
2002-01-04 66 0 Marginal Order entered on 1/4/02 by Judge James S. Gwin granting defendant's motion for leave to File Closing Brief in Excess of Fifteen Page Limitation. The page limit is extended to 16 pages (Related Doc # 59 ) (A, V) (Entered: 01/04/2002)
2002-01-04 67 0 Marginal Order entered on 1/4/02 by Judge James S. Gwin granting plaintiff's motion for leave to file plaintiff's reply to defendant's opening brief on ClaimConstruction exceeding 15 pages. Reply filed on 12/28/01 (Related Doc # 60 and 64 ) (A, V) (Entered: 01/04/2002)
2002-01-04 68 0 Reply (Related Motion(s) 46 ) to Defendant's Memorandum in Opposition to Plaintiff's Motion to Strike filed by Buyers Products Company, Inc.. (Bandy, Mark) (Entered: 01/04/2002)
2002-01-04 69 0 Closing Brief on Claim Construction with Exhibit filed by Wallace Forge Company, Inc.. (McCarthy, III, James) Modified text on 1/7/2002 (R, J). (Entered: 01/04/2002)
2002-01-07 70 0 Reply (Related Motion(s) 49 ) to Defendant Wallace's Opposition to Plaintiff's Motion for Clarification filed by Buyers Products Company, Inc.. (Bandy, Mark) (Entered: 01/07/2002)
2002-01-07 71 0 Order Denying plaintiff's Motion to clarify Court's order of 12/14/01 (Related Doc # 49 ). Magistrate Judge George J. Limbert. (S, A) (Entered: 01/07/2002)
2002-01-10 72 0 Motion for reconsideration of Order of 1/7/02 filed by Buyers Products Company, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 71 ) (Bandy, Mark) Modified adding text on 1/10/2002 (R, J). (Entered: 01/10/2002)
2002-01-11 73 0 Markman Brief (Previously filed, as Requested by Court) (Related Doc. 40 )filed by Buyers Products Company, Inc.. (Bandy, Mark) Modified text and added document link on 1/14/2002 (R, J). (Entered: 01/11/2002)
2002-01-11 74 0 Reply to Defendant's Opening Brief on Claim Construction, as Requested by Court (Related Doc. 64 ) filed by Buyers Products Company, Inc.. (Bandy, Mark) Modified text and added document link on 1/14/2002 (R, J). Modified link on 1/14/2002 (P, S). (Entered: 01/11/2002)
2002-01-15 75 0 Opposition (Related Motion(s) 52 , 65 ) Plaintiff's Motion to Disregard Comparison of Claim Construction filed by Wallace Forge Company, Inc.. (McCarthy, III, James) Modified adding document link on 1/16/2002 (R, J). (Entered: 01/15/2002)
2002-01-16 76 0 First Notice to take Deposition of Plaintiff Buyers Products Co., Inc. Pursuant to Rule 30(B)(6) on February 8, 2002 with Exhibit A filed by Wallace Forge Company, Inc.. (McCarthy, III, James) Modified text adding exhibit on 1/16/2002 (R, J). (Entered: 01/16/2002)
2002-01-16 77 0 Order signed by Judge James S. Gwin that the Court interprets "an upper jaw hingedly attached to said distal end of said bar" to require that the upper jaw be attached to the distal end of the bar, and the bar does not include the neck. For like reasons, the Court interprets claim 2 of the '043 Patent to require the aperture described in that claim is at the distal end of the bar. The Court so construes the '043 Patent, (Related document(s) 40 , 41 , 73 ) (A, V) Modified on text on 1/16/02 (A, V). (Entered: 01/16/2002)
2002-01-17 78 0 Marginal Order entered on 1/17/02 by Judge James S. Gwin Granting in part, Denying in part defendant's motion for extension of time to file dispositive motions. See amended case management plan filed on 1/17/02 (Related Doc # 54 ) (A, V) (Entered: 01/17/2002)
2002-01-17 79 0 Marginal Order entered on 1/17/02 by Judge James S. Gwin Granting in part, Denying in part plaintiff's motion for extension of time to file dispositive motions. See amended case management plan filed on 1/17/02 (Related Doc # 62 ) (A, V) (Entered: 01/17/2002)
2002-01-17 80 0 Amended Case Management Conference Plan/Order signed by Judge James S. Gwin. Preliminary discovery due by 1/28/02 with all discovery due by 3/11/02, Dispositive Motions due by 2/4/02, with responses by 2/18/02 and replies by 2/25/02. Final Pre-Trial Conference set for 3/18/02 at 4:00 p.m. Jury Trial set on a two-week standby basis beginning 3/25/02 at 8:00 a.m.(Related document(s) 13 ) (A, V) (Entered: 01/17/2002)
2002-01-18 81 0 Marginal Order entered on 1/18/02 granting plaintiff's motion to strike the declaration of James S. Liles presented as Exhibit B to Defendant's Opening Brief on Claim Construction filed by Buyers Products Company, Inc (Related Doc # 46 & 41 ) (A, V) (Entered: 01/18/2002)
2002-01-18 82 0 Marginal Order entered on 1/18/02 by Judge James S. Gwin granting plaintiff's motion to disregard "Defendant Wallace Forge Co., Inc.'s Comparison of Claim Construction Offered by Plaintiff and Defendant" (Related Doc # 65 & 52 ) (A, V) (Entered: 01/18/2002)
2002-01-21 83 0 Opposition (Related Motion(s) 72 ) to Motion for Reconsideration of Order filed by Wallace Forge Company, Inc.. (McCarthy, III, James) (Entered: 01/21/2002)
2002-01-28 84 0 Motion for summary judgment with Memorandum in Support filed by Wallace Forge Company, Inc.. (Attachments: # 1 Affidavit of Dean Wallace)(McCarthy, III, James) Modified text on 1/29/2002 (R, J). (Entered: 01/28/2002)
2002-01-30 85 0 Marginal Order Denying plaintiff's Motion for reconsideration of the Court's order issued on 1/7/02 (Related Doc # 72 ). Magistrate Judge George J. Limbert. (S, A) (Entered: 01/30/2002)
2002-02-04 86 0 Notice of Dismissal Under FRCP 41(a)(1) With Prejudice filed by all parties. (McCarthy, III, James) Modified text adding all parties on 2/5/2002 (R, J). (Entered: 02/04/2002)
2002-02-05 87 0 Order signed by Judge James S. Gwin on 2/5/02 that upon notice of the parties, the above-captioned matter is dismissed with prejudice. (Related document(s) 86 ) (A, V) (Entered: 02/05/2002)