| Court: | ohnd |
| Docket #: | 4:95-cv-00815 |
| Case Name: | Ductmate Industries v. Mez Industries, Inc. |
| PACER case #: | 88003 |
| Date filed: | 1995-04-10 |
| Date terminated: | 1997-06-09 |
| Assigned to: | Judge Patricia A. Gaughan |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Ductmate Industries, Inc. Plaintiff |
George Raynovich , Jr. Joseph R. Young , Jr. Melvin L. Moser |
| Mez Industries, Inc. Defendant |
Christopher B. Fagan |
| Vincent L Barker, Jr. Neutral TERMINATED: 02/02/1996 |
Vincent L. Barker , Jr. |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1995-04-10 | 1 | 0 | COMPLAINT; jury demand ( Service: summons issd, magistrate consent form issd). ( 6 pgs + exh) (Gwin,James) (Entered: 04/11/1995) | |||
| 1995-04-10 | 2 | 0 | DCM INITIAL ORDER issued. For the Court, Chief Judge George W. White. 2 pg(s). (Gwin,James) (Entered: 04/11/1995) | |||
| 1995-04-12 | 3 | 0 | CIS filed by plaintiff Ductmate Industries . Recommended Track: Standard ( 2 pgs) (Gwin,James) (Entered: 04/12/1995) | |||
| 1995-04-21 | 4 | 0 | CERTIFICATE OF SERVICE OF DCM - INITIAL ORDER by pltf upon deft by regular mail on 4/17/95 (1 pg). (S,A A.) (Entered: 04/21/1995) | |||
| 1995-07-07 | 5 | 0 | ORDER: pur to adoption by judges of this Ct for creation of a docket for Judge Nugent Case reassigned to Judge Donald C. Nugent (issued on 7/10/95) (1 pg) Judge Ann Aldrich (K,V) (Entered: 07/11/1995) | |||
| 1995-07-27 | 6 | 0 | ORDER: ptys to sumbit report by 8/7/95;status hearing is at 3:15 on 8/15/95 (issued on 7/28/95) ( 1 pg) Judge Donald C. Nugent (S,J) (Entered: 08/01/1995) | |||
| 1995-08-02 | 7 | 0 | STATUS Report by pltf (3 pgs). (S,A A.) (Entered: 08/02/1995) | |||
| 1995-08-10 | 8 | 0 | ANSWER to Complaint by defendant ( 6 pgs) (K,V) (Entered: 08/10/1995) | |||
| 1995-08-15 | 9 | 0 | ORDER: (minutes) ;status hearing 1:30 11/2/95 ;status hearing held 8/15/95 stat conf reset (issued on 8/15/95) (1 pg) Judge Donald C. Nugent (K,V) (Entered: 08/16/1995) | |||
| 1995-09-20 | 10 | 0 | NOTICE by pltfs' attys, George Raynovich, Jr. & Michael L Dever of change of address ( 2 pgs) (Gwin,James) (Entered: 09/20/1995) | |||
| 1995-11-20 | 11 | 0 | CASE MANAGMENT PLAN/ORDER/MINUTES Track Designation: is standard , ;status hearing sched for 11:00 a.m. on 2/7/96 , Case referred to Early Neutral Eval. ; adr process to be completed by 2/1/96 (issued) (1 pg) Judge Donald C. Nugent (S,J) (Entered: 11/20/1995) | |||
| 1996-02-07 | 12 | 0 | ORDER/MINUTE SHEET: Ptys have completed initial ADR process; Both ptys believe that ADR was beneficial; Dft's want to file for a re-examination in patent office ; discovery shall proceed as follows: all discovery to be complete by 9/2/96; status conference set for 9/3/96 at 1:30 (issued on 2/7/96) (1 pg) Judge Donald C. Nugent (S,R) (Entered: 02/09/1996) | |||
| 1996-02-13 | 13 | 0 | ORDER: Case reassigned to Judge Patricia A. Gaughan RE: docket creation (issued on 2/14/96) (1 pg) Judge Donald C. Nugent (M,J) (Entered: 02/14/1996) | |||
| 1996-03-20 | 14 | 0 | NOTICE of hearing in room: 312, before: Judge Gaughn status hearing 8:45 9/4/96 (issued on 3/20/96) (1 pg) (K,V) (Entered: 03/21/1996) | |||
| 1996-04-03 | 15 | 0 | MOTION by defendant Mez Industries, Inc. for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting ( 3 pgs) (S,R) (Entered: 04/03/1996) | |||
| 1996-04-03 | 16 | 0 | MEMORANDUM by defendant Mez Industries, Inc. of points & authorities in support of motion for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting [15-1] ( 16 pgs) (S,R) (Entered: 04/03/1996) | |||
| 1996-04-03 | 17 | 0 | AFFIDAVIT of Francis A. Utecht in support of Mez's motion for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting [15-1] ( 6 pgs) (S,R) (Entered: 04/03/1996) | |||
| 1996-04-03 | 18 | 0 | AFFIDAVIT of David G. Duckworth in support of Mez's motion for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting [15-1] ( 6 pgs) (S,R) (Entered: 04/03/1996) | |||
| 1996-04-03 | 19 | 0 | AFFIDAVIT of Christopher B. Fagan in support of Mez's motion for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting [15-1] ( 5 pgs) (S,R) (Entered: 04/03/1996) | |||
| 1996-04-03 | 20 | 0 | EXHIBITS by defendant Mez Industries, Inc. in support of motion for partial SJ holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting ( 1 vol) (S,R) (Entered: 04/03/1996) | |||
| 1996-04-17 | 21 | 0 | MEMORANDUM by plaintiff in opposition to motion for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting [15-1] ( exh+18 pgs) (K,V) (Entered: 01/15/1997) | |||
| 1996-04-29 | 22 | 0 | REPLY by defendant to response to motion for partial summary judgment holding Ductmate's terminal disclaimers ineffective to avoid invalidation for double patenting [15-1] ( 13 pgs) (K,V) (Entered: 04/30/1996) | |||
| 1996-04-29 | 23 | 0 | AFFIDAVIT of Francis A. Utecht regarding motion reply [22-1] ( 8 pgs) (K,V) (Entered: 04/30/1996) | |||
| 1996-04-29 | 24 | 0 | EXHIBITS by defendant in supp of deft's mot for partial SJ (1 volume) (K,V) (Entered: 04/30/1996) | |||
| 1996-05-30 | 25 | 0 | STIPULATION and ORDER: for protective order by plaintiff, and defendant (issued on 6/4/96) ( 12 pgs) Judge Patricia A. Gaughan (K,V) (Entered: 06/05/1996) | |||
| 1996-07-08 | 26 | 0 | NOTICE OF SERVICE by pltf of its resp to deft's 1st req for admissions by regular mail on 7/5/96 (1 pg) (S,A A.) (Entered: 07/11/1996) | |||
| 1996-08-13 | 27 | 0 | STIPULATION and ORDER: that disc shall be extended discovery to be complete 10/1/96 by plaintiff and defendant (issued on 8/13/96) ( 3 pgs) Judge Patricia A. Gaughan (K,V) (Entered: 08/13/1996) | |||
| 1996-08-30 | 28 | 0 | MINUTES of proceedings: before Judge Patricia A. Gaughan ; Court reporter none jt mot to cont stat hrg until after completion of disc is gr ;status hearing is cont until 9:30 a.m. on 10/30/96 (issued) (1 pg) (S,J) (Entered: 09/09/1996) | |||
| 1996-09-16 | 29 | 0 | NOTICE OF SERVICE by pltf of deft's 2nd req for admissions by regular mail on 9/13/96 (1 pg) (S,A A.) (Entered: 09/16/1996) | |||
| 1996-10-02 | 30 | 0 | MOTION by deft to compel pltf to resp to certain disc reqs under rule 37 ( 3 pgs) (S,J) (Entered: 10/02/1996) | |||
| 1996-10-02 | 31 | 0 | MEMORANDUM by deft in support of motion by deft to compel pltf to resp to certain disc reqs under rule 37 [30-1] ( exh + 21 pgs) (S,J) (Entered: 10/02/1996) | |||
| 1996-10-02 | 32 | 0 | DECLARATION by deft Mez Industries, Inc. in supp of motion by deft to compel pltf to resp to certain disc reqs under rule 37 [30-1] ( exh + 5 pgs) (S,J) (Entered: 10/02/1996) | |||
| 1996-10-01 | 33 | 0 | STIPULATION and ORDER ext discovery to be complete by 10/31/96 (issued on 10/2/96) ( 3 pgs) Judge Patricia A. Gaughan (S,J) (Entered: 10/03/1996) | |||
| 1996-10-17 | 34 | 0 | ORDER purs to stip of ptys ext time for pltf to file resp to deft's mot to comp until 10/30/96. (issued on 10/18/96) (1 pg) Judge Patricia A. Gaughan (S,J) (Entered: 10/21/1996) | |||
| 1996-10-25 | 35 | 0 | NOTICE by deft Mez Industries, Inc. to pltf of mot for lv to file amd ans. ( 3 pgs) (S,J) (Entered: 10/25/1996) | |||
| 1996-10-25 | 36 | 0 | MOTION of deft Mez Indus for leave to file amd ans ( proposed amd ans attach) ( 4 pgs) (S,J) (Entered: 10/25/1996) | |||
| 1996-10-25 | 37 | 0 | MEMORANDUM by deft Mez Industries, Inc. in support of motion of deft Mez Indus for leave to file amd ans [36-1] ( 7 pgs) (S,J) (Entered: 10/25/1996) | |||
| 1996-10-30 | 38 | 0 | MEMORANDUM by pltf of points & authorities in opp to mot by deft to compel [30-1] ( 18 pgs) (M,J A A) (Entered: 11/01/1996) | |||
| 1996-11-05 | 39 | 0 | AMENDED ANSWER [8-1] by defendant ( 7 pgs) (K,V) (Entered: 11/05/1996) | |||
| 1996-10-30 | 40 | 0 | MINUTES of proceedings: before Judge Patricia A. Gaughan ; Court reporter none pltf's exp rpt due 12/15/96, deft exp rpt due 1/15/97; expert discovery to be complete 2/15/97 Pltf's "Markman" brf due 3/1/97, defts due 3/15/96; final pretrial conference 9:30 4/22/97 ;status hearing held 10/30/96 ;jury trial 10:00 4/29/97 , settlement conf set 4:00 1/16/97 (issued on 11/1/96) (1 pg) (K,V) (Entered: 11/05/1996) | |||
| 1996-11-06 | 41 | 0 | REPLY brief by deft Mez Industries, Inc. in support of Mez's mot to compel under FRCP rule 37: answers to interr, prodctn of docmts and adms w/held by pltf [30-1] ( 10 pgs) (S,R) Modified on 11/08/1996 (Entered: 11/07/1996) | |||
| 1996-11-14 | 42 | 0 | AMENDED ANSWER [39-1] by defendant Mez Industries, Inc. ( 8 pgs) (S,R) (Entered: 11/15/1996) | |||
| 1996-11-15 | 43 | 0 | MOTION by defendant Mez Industries, Inc. to rescedule dates ( 4 pgs) (S,R) (Entered: 11/18/1996) | |||
| 1996-11-15 | 44 | 0 | MEMORANDUM by defendant Mez Industries, Inc. of points and authorities in support of motion to rescedule dates [43-1] ( 7 pgs) (S,R) (Entered: 11/18/1996) | |||
| 1996-11-15 | 45 | 0 | NOTICE by defendant Mez Industries, Inc. of motion to reschedule dates ( 3 pgs) (S,R) (Entered: 11/18/1996) | |||
| 1996-11-27 | 46 | 0 | MEMORANDUM by pltf in opp to motion to rescedule dates [43-1] c/m 11/26/96 (8 pgs) (M,D) (Entered: 11/27/1996) | |||
| 1996-12-04 | 47 | 0 | REPLY brief by defendant Mez Industries, Inc. in support of motion to reschedule dates [43-1] ( 8 pgs) (S,R) (Entered: 12/04/1996) | |||
| 1996-12-20 | 48 | 0 | STIPULATION and ORDER: gr request to reschedul dates ( 2 pgs) Judge Patricia A. Gaughan (S,R) (Entered: 12/23/1996) | |||
| 1997-01-16 | 49 | 0 | STIPULATION and ORDER: to suspend procdgs pending the outcome of reexamination of the patents-in-suit; Case stayed (issued on 1/21/97) ( 3pgs+exh ) Judge Patricia A. Gaughan (S,R) (Entered: 01/27/1997) | |||
| 1997-06-09 | 50 | 0 | CONSENT JUDGMENT Mez In is permanently enjoined from further infringement of claims 1 -7, inclusive of US Patent 4,508,376; claims 1 thru 9 inclusive of US Patent Nol 4,662,661; claims 1 thru 6, inclusive, of US Patent No. 5,022,688 which injunction shall become effective on 9/27/97; Damages at rate of 5 cents per corner shall be paid for all Number 220,230 and 240 corners sold by Mez Ind up until the date the permanent inj takes effect; Each party shall bear own costs in this procdg (issued on 6/10/97) ( 2 pgs) Judge Patricia A. Gaughan (S,R) (Entered: 06/11/1997) |