| Court: | ohsd |
| Docket #: | 1:98-cv-00804 |
| Case Name: | Armco Inc v. SOLLAC, et al |
| PACER case #: | 24143 |
| Date filed: | 1998-10-23 |
| Date terminated: | 2002-09-25 |
| Assigned to: | Chief Judge Susan J. Dlott |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| William R Hardy Special Master |
William Robinson Hardy |
| Don W Martens Special Master |
Don W Martens |
| Armco Inc Plaintiff |
Ann Gallagher Schoen David Edward Schmit Joel Robert Chambers Theodore R Remaklus William Edward Gallagher |
| SOLLAC Defendant a Limited French Company |
David A Pepper Gregory Arthur Ruehlmann Jean-Paul Lavalleye Mark John Ruehlmann Michael E McCabe , Jr Stephen G Baxter Steven E Lipman Steven P Weihrouch |
| UGINE Defendant a Limited French Company |
David A Pepper Gregory Arthur Ruehlmann Jean-Paul Lavalleye Mark John Ruehlmann Michael E McCabe , Jr Stephen G Baxter Steven E Lipman Steven P Weihrouch |
| SOLLAC Counter Claimant |
David A Pepper Gregory Arthur Ruehlmann Jean-Paul Lavalleye Mark John Ruehlmann Michael E McCabe , Jr Stephen G Baxter Steven E Lipman Steven P Weihrouch |
| UGINE Counter Claimant |
David A Pepper Gregory Arthur Ruehlmann Jean-Paul Lavalleye Mark John Ruehlmann Michael E McCabe , Jr Stephen G Baxter Steven E Lipman Steven P Weihrouch |
| Armco Inc Counter Defendant |
Joel Robert Chambers William Edward Gallagher Ann Gallagher Schoen |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1998-10-23 | 1 | 0 | COMPLAINT and JURY DEMAND (Summonses issued) ( no. pgs: 5+) (vp) (Entered: 10/23/1998) | |||
| 1998-11-30 | 2 | 0 | MOTION by defendants to dismiss for insufficiency of service of process , or to quash service of process ( no pgs: 15+) (tt) (Entered: 12/02/1998) | |||
| 1998-12-18 | 3 | 0 | MEMORANDUM by plaintiff Armco Inc in opposition to defts motion to dismisss or to quash [2-1] [2-2] ( no pgs: 6+) (vp) (Entered: 12/21/1998) | |||
| 1998-12-28 | 4 | 0 | ANSWER to complaint [1-1] and COUNTERCLAIM; jury demand by defendants against plaintiff Armco Inc ( no pgs: 8) (ph) (Entered: 12/29/1998) | |||
| 1999-01-08 | 5 | 0 | MOTION by plaintiff Armco Inc to dismiss as moot defts motion to dismiss for insufficiency of service or in the alternative to quash service of process () (vp) (Entered: 01/08/1999) | |||
| 1999-01-07 | 6 | 0 | NOTICE by plaintiff Armco Inc of proof of service on defts ( no pgs: 2) (vp) (Entered: 01/08/1999) | |||
| 1999-01-12 | 7 | 0 | NOTICE by defendant of withdrawal of motion to dismiss as moot defts motion to dismiss for insufficiency of service [5-1], motion to quash service of process [5-2] ( no pgs: 2) (vp) (Entered: 01/15/1999) | |||
| 1999-01-15 | 8 | 0 | NOTICE by plaintiff Armco Inc of withdrawal of motion to dismiss as moot defts motion to dismiss for insufficiency of service [2-1], motion to quash service of process [2-2] ( no pgs: 2) (vp) (Entered: 01/15/1999) | |||
| 1999-01-19 | 9 | 0 | ANSWER by counter-defendant Armco Inc to Counterclaim ( no pgs: 5) (vp) (Entered: 01/20/1999) | |||
| 1999-02-05 | 10 | 0 | ORDER by Judge Susan J. Dlott settlement progress reports ddl 2/16/99; fact Discovery ddl 5/1/00; expert discovery cutoff 8/1/00; Status conference set 1:30 11/5/99 ; dispositive Mtn filing ddl 9/1/00; memopp ddl 9/25/00; reply ddl 10/9/00 dates to exchange lists of expoert witness Witness list ddl set 6/1/00 for pltfs; 7/1/00 for defts (cc: all ( no pgs: 2) (vp) (Entered: 02/05/1999) | |||
| 1999-06-02 | 11 | 0 | STIPULATION for protective order ( no pgs: 13) (vp) (Entered: 06/04/1999) | |||
| 1999-11-23 | 12 | 0 | ATTORNEY SUBSTITUTION: terminating attorney Joel Robert Chambers for Armco Inc, attorney Theodore R Remaklus for Armco Inc, attorney Joel Robert Chambers for Armco Inc and substituting attorney David Edward Schmit, Ann Gallagher Robinson ( no pgs: 3) (ss) (Entered: 12/06/1999) | |||
| 1999-12-13 | 13 | 0 | PROTECTIVE ORDER by Judge Susan J. Dlott that this be effective nunc pro tunc as of 6/2/99 (cc: all counsel) ( no pgs: 2) (vp) (Entered: 12/13/1999) | |||
| 2000-01-18 | 14 | 0 | MOTION by defendants to file amended answer and counterclaim ( no pgs: 3) (vp) (Entered: 01/19/2000) | |||
| 2000-01-18 | 15 | 0 | MOTION by defendants to file docs under seal ( no pgs: 3) (vp) (Entered: 01/19/2000) | |||
| 2000-01-19 | 16 | 0 | Addendum/Supplement by defendant re motion to file amended answer and counterclaim [14-1] ( no pgs: 5+) (vp) (Entered: 01/20/2000) | |||
| 2000-01-19 | 17 | 0 | JOINT MOTION by parties to amend scheduling order ( no pgs: 3+) (vp) (Entered: 01/20/2000) | |||
| 2000-01-19 | 18 | 0 | NOTICE by defendants of filing docs under seal (FILED UNDER SEAL) (vp) (Entered: 01/20/2000) | |||
| 2000-01-27 | 19 | 0 | ORDER NUNC PRO TUNC by Judge Susan J. Dlott appointing William R Hardy as Special Master (cc: all counsel) ( no pgs: 3+) (vp) (Entered: 01/27/2000) | |||
| 2000-01-27 | 20 | 0 | CASE MANAGEMENT ORDER by Judge Susan J. Dlott re case mgmt conferences to be held with special master beginning 1/28/00 at 8:00 in the offices of Frost & Jacobs and every Friday thereafter until resolution; special master to submit to court reports and agendas of conferences (cc: all counsel) ( no pgs: 3) (vp) Modified on 01/27/2000 (Entered: 01/27/2000) | |||
| 2000-02-07 | 21 | 0 | MEMORANDUM by plaintiff in opposition to defts motion for leave to file amended answer and counterclaim [14-1] ( no pgs: 10) (vp) (Entered: 02/07/2000) | |||
| 2000-02-22 | 22 | 0 | REPLY by defendants to response to motion to file amended answer and counterclaim [14-1] ( no pgs: 15) (km) (Entered: 02/22/2000) | |||
| 2000-03-24 | 23 | 0 | CASE MANAGEMENT ORDER by Judge Susan J. Dlott; after conferring with the special master the court has concluded that contd discovery supervision is warranted; future case mgmt conf will be held by the special master at 10:00 on 3/31/00 4/14/00 4/28/00 5/12/00 5/26/00 and 6/9/00 by telephone conf call; addtl or more frequent conf will be scheduled by the special master in the event pre-trial discovery and related issues affecting discovery remain to be resolved; at the discretion of the special master these conf dates may also be set aside or held in abeyance (cc: all counsel) ( no pgs: 2) (km) (Entered: 03/24/2000) | |||
| 2000-04-20 | 24 | 0 | MOTION by defendants to vacate notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer of interest (filed in related case C-1-98-690) , or in the alternative to amend/modify notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer in interest (filed in related case C-1-98-690) ( no pgs: 7+) (km) (Entered: 04/21/2000) | |||
| 2000-05-04 | 25 | 0 | ORDER by Judge Susan J. Dlott amending pretrial calendar order entered 1/25/00 ; Fact Discovery ddl extended to 8/11/00 (cc: all counsel) ( no pgs: 1) (km) (Entered: 05/04/2000) | |||
| 2000-05-05 | 26 | 0 | MOTION by defendants for leave to file memorandum in support of three motions for summary judgment in excess of 20 pages ( no pgs: 4+) (km) (Entered: 05/05/2000) | |||
| 2000-05-08 | 27 | 0 | Stipulation and ORDER by Judge Susan J. Dlott regarding authenticity of documents produced during discovery (cc: all counsel) ( no pgs: 3) (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 28 | 0 | Stipulation and ORDER by Judge Susan J. Dlott regarding disclosure of documents by defendants which are considered privileged or subject to workproduct immunity (cc: all counsel) ( no pgs: 3) (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 29 | 0 | Stipulation and ORDER by Judge Susan J. Dlott regarding disclosure of confidential information for purposes of settlement consideration (cc: all counsel) ( no pgs: 3) (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 30 | 0 | FIRST MOTION by defendants for partial summary judgment concerning the legal interpretation of the 'at least about 95 percent hydrogen' patent claim terms ; memo in support filed UNDER SEAL ( no pgs: 46+) (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 31 | 0 | SECOND MOTION by defendants for partial summary judgment of non-infringement of the 'at least about 95 percent hydro gen' patent claims ; memo in support filed UNDER SEAL ( no pgs: 41+) (km) Modified on 05/08/2000 (Entered: 05/08/2000) | |||
| 2000-05-08 | 32 | 0 | THIRD MOTION by defendants for partial summary judgment of non-infringement and invalidity of the Kilbane patents ; memo in support filed UNDER SEAL ( no pgs: 49+) (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 33 | 0 | Addendum/Supplement by defendants re motions for partial summary judgment [30-1] [31-1] [32-1] consisting of 4 vol exhibits (exh 1-53); FILED UNDER SEAL (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 34 | 0 | STATEMENT/DECLARATION of Clayton W Thompson II Esq in support of motions for partial summary judgment [30-1] [31-1] [32-1] ( no pgs: 8) (km) (Entered: 05/08/2000) | |||
| 2000-05-08 | 35 | 0 | MOTION by defendants for oral argument/hearing on motions for partial summary judgment [30-1] [31-1] 32-1] ( no pgs: 5) (km) (Entered: 05/08/2000) | |||
| 2000-05-09 | 36 | 0 | MEMORANDUM by plaintiff in opposition to defendants motion to vacate notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer of interest (filed in related case C-1-98-690) [24-1], or in the alternative to amend/modify notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer of interest [24-2] ( no pgs: 9+) (km) (Entered: 05/10/2000) | |||
| 2000-05-12 | 37 | 0 | Stipulation and ORDER by Judge Susan J. Dlott re plaintiffs responses to defendants interrogatories (cc: all counsel) ( no pgs: 3) (km) (Entered: 05/12/2000) | |||
| 2000-05-12 | 38 | 0 | STATUS/CASE MANAGEMENT CONFERENCE REPORT by special master William R Hardy from conference no. 7 held on 3/31/00 by telephone; CONTENTS SUBJECT TO PROTECTIVE ORDER ( no pgs: 6) (km) (Entered: 05/12/2000) | |||
| 2000-05-12 | 39 | 0 | STATUS/CASE MANAGEMENT CONFERENCE REPORT by special master William R Hardy from conference no. 8 held 4/14/00 by telephone; CONTENTS SUBJECT TO PROTECTIVE ORDER ( no pgs: 5) (km) (Entered: 05/12/2000) | |||
| 2000-05-12 | 40 | 0 | STATUS/CASE MANAGEMENT CONFERENCE REPORT by special master William R Hardy from conference no. 9 held 4/26/00 by telephone; CONTENTS UNDER PROTECTIVE ORDER ( no pgs: 7) (km) (Entered: 05/12/2000) | |||
| 2000-05-18 | 41 | 0 | Stipulation and ORDER by Judge Susan J. Dlott: in connection with defts 1st 2nd and 3rd motions for summary judgment the following schedule is set; pltfs memopp ddl set for 6/19/00; defts reply memo ddl set for 7/10/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 05/18/2000) | |||
| 2000-05-23 | 42 | 0 | REPLY by defendants to response to motion to vacate notation order of 12/2/99 granting motion for substitution of and notification of substitution of parties through of interest (filed in related case C-1-98-690) [24-1] or in the alternative motion to amend/modify notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer in interest (filed in related case C-1-98-690) [24-2] ( no pgs: 7) (km) (Entered: 05/24/2000) | |||
| 2000-05-26 | 43 | 0 | ORDER by Judge Susan J. Dlott extending duties to the Special Master pursuant to the nunc pro tunc order of 1/27/00 to include the issuance of reports and recommendations at the Courts request to effect the efficient and expeditious progress of pretrial proceedings; the Special Master is requested to submit his R & R as to the pending motions for leave to file amended answers and counterclaims (docs 14 & 49) (cc: all counsel) ( no pgs: 1) (km) (Entered: 05/26/2000) | |||
| 2000-06-05 | 44 | 0 | REPORT AND RECOMMENDATION by Special Master William Hardy that motion to amend/modify notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer in interest (filed in related case C-1-98-690) [24-2] be granted NOTICE: Parties have 10 days to file objections (cc: all counsel) ( no pgs: 5) (vp) (Entered: 06/05/2000) | |||
| 2000-06-14 | 45 | 0 | STIPULATION by parties re discovery pertaining to damage claims ( no pgs: 2) (km) (Entered: 06/14/2000) | |||
| 2000-06-14 | 46 | 0 | MOTION by plaintiff for leave to file responses to three motions for summary judgment in excess of 20 pages ( no pgs: 5) (km) (Entered: 06/15/2000) | |||
| 2000-06-14 | 47 | 0 | MOTION by defendants for evidentiary and monetary sanctions for pltfs failure to comply with the damage discovery stipulation ( no pgs: 12+) (km) (Entered: 06/15/2000) | |||
| 2000-06-15 | 48 | 0 | MOTION by plaintiff for review of the special masters Report and Recommendation re defts motion for leave to file amended answer and counterclaim ( no pgs: 12+) (km) (Entered: 06/16/2000) | |||
| 2000-06-15 | 49 | 0 | MOTION by defendants for leave to seal exhibits in motion for evidentiary and monetary sanctions for pltfs failure to comply with damage discovery stipulation [47-1] ( no pgs: 3) (km) (Entered: 06/16/2000) | |||
| 2000-06-19 | 50 | 0 | SUPPLEMENTAL MOTION by plaintiff for leave to file additional memoranda in excess of 20 pages in support and/or in opposition to pending motions for summary judgment ( no pgs: 2) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 51 | 0 | MOTION by plaintiff to strike/exclude defendants references to inadvertently produced privileged attorney-client communications ; afdt of David E Schmit attached; (Under Protective Order) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 52 | 0 | MOTION by plaintiff for provisional relief pursuant to FRCP 56(f) ; afdt of trial counsel David E Schmit attached (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 53 | 0 | NOTICE by plaintiff of filing deposition of Philppe Varroy; (deposition filed in C-1-98-690) ( no pgs: 2) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 54 | 0 | NOTICE by plaintiff of filing deposition of Dominique Spehner (Vol I-II); (depositions filed in C-1-98-690) ( no pgs: 2) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 55 | 0 | MOTION by plaintiff to compel discovery regarding testing by defts expert witness of defts furnace atmosphere ; declaration of Ann Gallagher Robinson attached; (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 56 | 0 | FIRST MOTION by plaintiff for partial summary judgment of claim construction ; ORAL ARGUMENT REQUESTED (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 57 | 0 | SECOND MOTION by plaintiff for partial summary judgment of claim construction ; ORAL ARGUMENT REQUESTED; (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 58 | 0 | MEMORANDUM by plaintiff in support of second motion for partial summary judgment of claim construction [57-1]; (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 59 | 0 | STATEMENT/DECLARATION of Neil Birks Ph D filed by plaintiff in support of first motion for partial summary judgment of claim construction [57-1], in support of second motion for partial summary judgment of claim construction [56-1], in opposition to defendants motions for partial summary judgment [32-1] [31-1] [30-1]; UNDER PROTECTIVE ORDER (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 60 | 0 | MEMORANDUM by plaintiff in opposition to defendants first motion for partial summary judgment concerning the legal interpretation of the "at least about 95 percent by volume hydrogen" [30-1]; ORAL ARGUMENT REQUESTED (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 61 | 0 | MEMORANDUM by plaintiff in opposition to defendants second motion for partial summary judgment for non-infringement of the "at least about 95 percent by volume hydrogen" patent claims [31-1]; ORAL ARGUMENT REQUESTED (UNDER PROTECTIVE ORDER) (km) (Entered: 06/20/2000) | |||
| 2000-06-19 | 62 | 0 | STATEMENT/DECLARATION of Ann Gallagher Robinson filed by plaintiff in support of memorandums in opposition to first second and third motions for partial summary judgment [58-1] [60-1] [61-1] (km) (Entered: 06/20/2000) | |||
| 2000-06-28 | 63 | 0 | MEMORANDUM by defendants in opposition to plaintiffs motion to review Special Masters Report and Recommendation re motion for leave to file amended answer and counterclaim [48-1] ( no pgs: 12+) (km) (Entered: 06/28/2000) | |||
| 2000-06-30 | 64 | 0 | Addendum/Supplemental exhibits by plaintiff in support of motions for partial summary judgment [56-1] and [57-1], and in support of memoranda in opposition to defendants motions for partial summary judgment [58-1] [60-1] and [61-1] (FILED UNDER PROTECTIVE ORDER) (km) (Entered: 06/30/2000) | |||
| 2000-07-05 | 65 | 0 | CASE MANAGEMENT ORDER NO. 2 by Judge Susan J. Dlott, ; Thirteenth Status/case management conference with Special Master set for 2:00 7/17/00 Rm 829 before J Dlott ; all pleadings and memoranda which are responsive to the following three pending motions (excluding any docs submitted to the Special Master) shall be held in abeyance until further order of the court: defts motion for sanctions [47-1]; pltfs motion to strike/exclude [51-1]; and pltfs motion to compel discovery [55-1]; all pleadings on discovery matters and all procedural matters which relate to or affect discovery are to be submitted to the Special Master pursuant to order nunc pro tunc of 1/27/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 07/05/2000) | |||
| 2000-07-10 | 66 | 0 | REPLY by defendants to pltfs response to first motion for partial summary judgment concerning the legal interpretation of the "at least about 95 percent hydrogen" patent claim terms [30-1] (SUBJECT TO PROTECTIVE ORDER) (km) (Entered: 07/10/2000) | |||
| 2000-07-10 | 67 | 0 | REPLY by defendants to pltfs response to second motion for partial summary judgment of non-infringement of the "at least about 95 percent hydrogen" patent claims [31-1] (SUBJECT TO PROTECTIVE ORDER) (km) (Entered: 07/10/2000) | |||
| 2000-07-10 | 68 | 0 | REPLY by defendants to pltfs response to third motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] (SUBJECT TO PROTECTIVE ORDER) (km) (Entered: 07/10/2000) | |||
| 2000-07-10 | 69 | 0 | SECOND STATEMENT/DECLARATION by Clayton W Thompson Esq in support of defendants motions for partial summary judgment [30-1] [31-1] [32-1] in opposition to plaintiffs motions for partial summary judgment [56-1] [57-1] ( no pgs: 3) (km) (Entered: 07/10/2000) | |||
| 2000-07-10 | 70 | 0 | MEMORANDUM by defendants in opposition to plaintiffs motion for provisional relief pursuant to FRCP 56(f) [52-1] (SUBJECT TO PROTECTIVE ORDER) (km) (Entered: 07/10/2000) | |||
| 2000-07-10 | 71 | 0 | Addendum/Supplement by defendants in support of defendants first second and third motions for partial summary judgment [30-1] [31-1] [32-1] consisting of compilation exhibit book Vol 5 (exh 54-75) (SUBJECT TO PROTECTIVE ORDER) (km) (Entered: 07/10/2000) | |||
| 2000-07-10 | 72 | 0 | REPLY by plaintiff to response by defts to motion for review of the special masters Report and Recommendation re defts motion for leave to file amended answer and counterclaim [48-1] ( no pgs: 8) (km) (Entered: 07/11/2000) | |||
| 2000-07-20 | 73 | 0 | ORDER by Judge Susan J. Dlott re duplicate filings in cases C-1-98-690 and C-1-98-804; pleadings which: (1) would be filed in both cases; (2) are identical in content and; (3) exceed three pages (including cert of svc) need only be filed in C-1-98-690; a copy of the caption of the pleading which identifies the nature of the pleading shall then be filed in C-1-98-804 with a copy of this order attached (cc: all counsel) ( no pgs: 2) (km) (Entered: 07/20/2000) | |||
| 2000-07-20 | 74 | 0 | ORDER/SECOND AMENDMENT by Judge Susan J. Dlott to pretrial scheduling order ; Fact Discovery ddl set for 8/11/00; Expert Discovery ddl set for 12/1/00; Mtn filing ddl set for 12/1/00; memopp ddl set for 01/10/01; rply memo ddl set for 1/30/01 , Initial expert Witness reports exchanged ddl set for 11/1/00; Rebuttal expert reports exchanged 11/1/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 07/20/2000) | |||
| 2000-07-20 | 75 | 0 | JOINT MOTION to extend time 1 day for pltf to file memoranda in opposition to/in support of various pending motions ( no pgs: 1) (km) (Entered: 07/21/2000) | |||
| 2000-07-21 | 76 | 0 | NOTATION ORDER by Judge Susan J. Dlott granting motion to extend time 1 day for pltf to file memoranda in opposition to/in support of various pending motions [75-1] (cc: all counsel) (km) (Entered: 07/21/2000) | |||
| 2000-07-24 | 77 | 0 | REPLY by plaintiff to response to first motion for partial summary judgment of claim construction [56-1] (UNDER PROTECTIVE ORDER) (km) (Entered: 07/25/2000) | |||
| 2000-07-24 | 78 | 0 | REPLY by plaintiff to response to second motion for partial summary judgment of claim construction [57-1] (UNDER PROTECTIVE ORDER) (km) (Entered: 07/25/2000) | |||
| 2000-07-24 | 79 | 0 | STATEMENT/DECLARATION by Ann Gallagher Robinson in support of reply by plaintiff to response to first and second motions for partial summary judgment on claims construction [77-1] [78-1] (UNDER PROTECTIVE ORDER) (km) (Entered: 07/25/2000) | |||
| 2000-07-24 | 80 | 0 | Addendum/Supplement by plaintiff in support of reply to response to first and second motions for partial summary judgment on claims construction [77-1] [78-1] consisting of exhibits (UNDER PROTECTIVE ORDER) (km) (Entered: 07/25/2000) | |||
| 2000-07-24 | 81 | 0 | REPLY by plaintiff to response to motion for provisional relief pursuant to FRCP 56(f) [52-1] (UNDER PROTECTIVE ORDER) (km) (Entered: 07/25/2000) | |||
| 2000-07-24 | 82 | 0 | STATEMENT/DECLARATION by Ann G Robinson to introduce pltfs June 1985 laboratory notebook excerpts in support of reply in response to first and second motions for partial summary judgment on claims construction [77-1] [78-1] (UNDER PROTECTIVE ORDER) (km) (Entered: 07/25/2000) | |||
| 2000-07-25 | 83 | 0 | REVISED SECOND AMENDMENT TO PRETRIAL SCHEDULING ORDER by Judge Susan J. Dlott; at the request of the Special Master the pretrial order is amended as follows: Fact Discovery ddl set for 8/11/00; Expert discovery ddl set for 12/1/00; Mtn filing ddl set for 12/1/00; memopp ddl set for 01/10/01; rply memo ddl set for 01/30/01 , ; Initial Expert report exchange ddl set for 10/2/00; Rebuttal expert report exchange ddl set for 11/1/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 07/25/2000) | |||
| 2000-07-25 | 84 | 0 | CASE MANAGEMENT ORDER NO 3 by Judge Susan J. Dlott denying motion for evidentiary and monetary sanctions for pltfs failure to comply with the damage discovery stipulation [47-1] without prejudice to refiling at later date; motion to strike/exclude defendants references to inadvertently produced privileged attorney-client communications [51-1] and motion to compel discovery regarding testing by defts expert witness of defts furnace atmosphere [55-1] are to be ruled upon by Special Master in accordance with court order nunc pro tunc of 1/27/00; referring to Special Master motion for provisional relief pursuant to FRCP 56(f) [52-1] in accordance with court order of extension of duties to the Special Master of 5/26/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 07/25/2000) | |||
| 2000-07-27 | 85 | 0 | Addendum/Supplemental exhibits by plaintiff in support of reply to responses to first and second motions for partial summary judgment [77-1] [78-1] (UNDER PROTECTIVE ORDER) (km) (Entered: 07/27/2000) | |||
| 2000-07-28 | 86 | 0 | MOTION by defendants for leave to file second amended answer and counterclaim ; second amended answer and counterclaim attached (UNDER PROTECTIVE ORDER) ( no pgs: 3+) (km) (Entered: 07/28/2000) | |||
| 2000-08-21 | 87 | 0 | MEMORANDUM by plaintiff in opposition to defendants motion for leave to file second amended answer and counter [86-1] (UNDER PROTECTIVE ORDER) (ORIGINAL FILED IN C-1-98-690 PER ORDER OF 7/20/00) (km) (Entered: 08/22/2000) | |||
| 2000-09-01 | 88 | 0 | AGREED ORDER by Judge Susan J. Dlott: by agreement of the parties deft is granted one week extension of time until 9/8/00 in which to file reply to response to motion for leave to file second amended answer and counterclaims (cc: all counsel) ( no pgs: 2) (km) (Entered: 09/01/2000) | |||
| 2000-09-08 | 89 | 0 | REPLY by defendants to response to motion for leave to file second amended answer and counterclaim [86-1] (no. pgs: 1) (ORIGINAL FILED IN C-1-98-690 PURSUANT TO ORDER OF 7/20/00 [124-1]) (km) (Entered: 09/08/2000) | |||
| 2000-09-14 | 90 | 0 | Stipulation and ORDER by Judge Susan J. Dlott re limited extension of discovery and authenticity of documents (cc: all counsel) ( no pgs: 6) (km) (Entered: 09/14/2000) | |||
| 2000-09-20 | 91 | 0 | ORDER by Judge Susan J. Dlott denying motion for review of the special masters Report and Recommendation re defts motion for leave to file amended answer and counterclaim [48-1], adopting REPORT AND RECOMMENDATION [44-1], granting motion to file amended answer and counterclaim [14-1] (cc: all counsel) ( no pgs: 2) (km) (Entered: 09/20/2000) | |||
| 2000-09-20 | 92 | 0 | ORDER EXTENDING PRETRIAL DATES by Judge Susan J. Dlott ; Expert Discovery ddl extended to 12/8/00 ; Mtn filing ddl extended to 12/8/00; memopp ddl extended to 1/10/01; rply memo ddl extended to 1/30/01 , ; Initial Expert Witness list/reports exchange ddl extended to 10/10/00; Rebuttal Expert Witness list/reports exchange ddl extended to 11/8/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 09/20/2000) | |||
| 2000-09-27 | 93 | 0 | REPLY by plaintiff Armco Inc to defts amended counterclaims; AMENDED COUNTERCLAIMS NOT FILED; (FILED UNDER SEAL) (vp) (Entered: 09/27/2000) | |||
| 2000-10-10 | 94 | 0 | MOTION by plaintiff for admission of attorney William E Gallagher pro hac vice ( no pgs: 3+) (km) (Entered: 10/10/2000) | |||
| 2000-10-10 | 95 | 0 | NOTICE by plaintiff of filing Joint Expert Report of Neil Birks and George St Pierre ( no pgs: 2) (km) (Entered: 10/11/2000) | |||
| 2000-10-10 | 96 | 0 | STATEMENT/JOINT EXPERT REPORT of Neil Birks and George St Pierre filed by plaintiff (FILED UNDER SEAL - ORIGINAL REPORT FILED IN RELATED CASE C-1-98-690) (km) (Entered: 10/11/2000) | |||
| 2000-10-11 | 97 | 0 | Addendum/Supplemental Appendix "A" filed by plaintiff to Joint Expert Report of Neil Birks and George St Pierre [96-1] (FILED UNDER SEAL - ORIGINAL APPENDIX FILED IN RELATED CASE C-1-98-690 PURSUANT TO ORDER OF 7/20/00) (km) (Entered: 10/11/2000) | |||
| 2000-10-30 | 98 | 0 | REVISED ORDER EXTENDING CERTAIN PRETRIAL DATES by Judge Susan J. Dlott: at the request of pltf and with consent of the defts and recommendation of the Special Master the scheduling order extending pretrial dates of 9/20/00 is further amended as follows ; Expert Discovery ddl extended to 1/19/01 ; Dispositive motions not directed to the pleadings filing ddl extended to 1/19/01; memopp ddl extended to 2/16/01; rply memo ddl extended to 3/9/01 , ; Rebuttal Expert Witness reports exchanged ddl extended to 12/8/00 (cc: all counsel) ( no pgs: 2) (km) (Entered: 10/30/2000) | |||
| 2000-11-01 | 99 | 0 | NOTICE by counsel for plaintiff of change of address/law firm name to Frost Brown Todd LLC ( no pgs: 2) (km) (Entered: 11/01/2000) | |||
| 2000-12-08 | 100 | 0 | MOTION by plaintiff to exclude expert report and testimony of Harry F Manbeck Jr , or in the alternative for leave to designate and file rebuttal expert report of Charles Van Horn (FILED UNDER SEAL - ORIGINAL OF DOC FILED IN C-1-98-690) (km) (Entered: 12/11/2000) | |||
| 2000-12-08 | 101 | 0 | NOTICE by plaintiff of filing joint rebuttal expert reports of Neil Birks and George St Pierre (FILED UNDER SEAL - ORIGINAL DOC FILED IN C-1-98-690) (km) (Entered: 12/11/2000) | |||
| 2000-12-15 | 102 | 0 | NOTICE by plaintiff of filing supplemental expert report of Neil Birks and George St Pierre (no pgs: 2) (km) Modified on 12/18/2000 (Entered: 12/18/2000) | |||
| 2000-12-15 | 103 | 0 | Addendum/Supplemental by plaintiff to expert report of Neil Birks and George St Pierre [96-1] (FILED UNDER SEAL) (km) Modified on 12/18/2000 (Entered: 12/18/2000) | |||
| 2000-12-20 | 104 | 0 | ORDER by Judge Susan J. Dlott; pursuant to the conference held 11/13/00 the court intends to appoint a special master to assist this court in connection with pending summary judgment motions [30-1] [31-1] [32-1] [56-1] [57-1]; in an effort to efficiently select a special master the court sets the following schedule ; Case management ddl for parties to provide the Clerk with the names and curriculum vitae of up to four avail individuals who that pty believes have necessary quals to decide issues presented in summary jgm motions set for 1/5/01; ddl for parties to file with the Clerk any objections that the pty has to any of the individuals submitted set for 1/12/01; the Court will submit a final list of three candidates to the parties by 1/26/01; parties shall notify court if they can agree on selection fm the final list of three by 1/30/01 ; if parties have not notified court on agreement of final selection by 1/30/01 the court will notify the ptys of the courts selection (cc: all counsel) ( no pgs: 3) (km) (Entered: 12/20/2000) | |||
| 2000-12-26 | 105 | 0 | AMENDMENT TO PRETRIAL SCHEDULING ORDER by Judge Susan J. Dlott: ; Expert Discovery ddl extended to 3/2/01 pursuant to the request of the special master at conference of 12/19/00 (cc: all counsel) ( no pgs: 1) (km) (Entered: 12/26/2000) | |||
| 2000-12-28 | 106 | 0 | Stipulation and ORDER by Judge Susan J. Dlott: defts are granted extension of time to 1/5/01 in which to file memopp to motion to exclude expert report and testimony of Harry F Manbeck Jr [100-1] or in the alternative for leave to designate and file rebuttal expert report of Charles Van Horn [100-2] (cc: all counsel) ( no pgs: 2) (km) (Entered: 01/02/2001) | |||
| 2001-01-05 | 107 | 0 | RESPONSE/INITIAL DESIGNATIONS OF PROSPECTIVE CANDIDATES FOR APPOINTMENT AS SPECIAL PATENT MASTER filed by defendants pursuant to court order [104-2] (ORIG DOC FILED IN C-1-98-690) (km) (Entered: 01/05/2001) | |||
| 2001-01-05 | 108 | 0 | RESPONSE/SUBMISSION OF SUGGESTED SPECIAL PATENT MASTERS filed by plaintiff pursuant to court order [104-2] (ORIG DOC FILED IN C-1-98-690) (km) (Entered: 01/05/2001) | |||
| 2001-01-05 | 109 | 0 | MEMORANDUM by defendants in opposition to motion to exclude expert report and testimony of Harry F Manbeck Jr [100-1], or in the alternative motion for leave to designate and file rebuttal expert report of Charles Van Horn [100-2] (ORIG DOC FILED IN C-1-98-690) (km) (Entered: 01/08/2001) | |||
| 2001-01-12 | 110 | 0 | OBJECTIONS by plaintiff to defendant's initial designation of candidates for appointment of special master [107-1] ( no pgs: 3) (ss) (Entered: 01/16/2001) | |||
| 2001-01-12 | 111 | 0 | OBJECTIONS by defendant to plaintiff's initial designation of candidates for appointment as special master [108-1] and supplement to initial designation [108-1] ( no pgs: 3) (ss) (Entered: 01/16/2001) | |||
| 2001-01-16 | 112 | 0 | REPLY by defendants to objections of plaintiff to defts initial designation of prospective candidates for appointment as special patent master [107-1] [110-1] ( no pgs: 3) (km) (Entered: 01/16/2001) | |||
| 2001-01-18 | 113 | 0 | ORDER LISTING FINALISTS FOR SPECIAL PATENT MASTER by Judge Susan J. Dlott: pursuant to this Court's scheduling order of 12/20/00 and having reviewed the partie's submissions of candidates the court has selected the following three finalists: (1) Gordon R Coons; (2) Don W Martens; and (3) Jerry R Selinger; parties have until 1/30/01 to agree to which of these three shall be appointed as Special Patent Master; if parties have not notifed court by 1/30/01 the court will notify counsel of it's selection (cc: all counsel) ( no pgs: 1) (km) (Entered: 01/18/2001) | |||
| 2001-01-18 | 114 | 0 | REPLY by plaintiff to response to motion to exclude expert report and testimony of Harry F Manbeck Jr [100-1] or in the alternative motion for leave to designate and file rebuttal expert report of Charles Van Horn [100-2] (ORIG DOC FILED IN C-1-98-690) (km) (Entered: 01/18/2001) | |||
| 2001-01-31 | 115 | 0 | Addendum/Supplemental Suggestion by defendants in support of Initial Designation of Prospective Candidates for Appointment as Special Patent Master [107-1] ( no pgs: 3) (km) (Entered: 01/31/2001) | |||
| 2001-02-08 | 116 | 0 | ORDER by Judge Susan J. Dlott appointing Don W Martens of Knobbe Martens Olson & Bear, Newport Beach CA as Special Master to assist this court in connection with the summary judgments motions that are currently pending; the court orders that the Special Master be compensated at the rate of $500.00 per hour plus travel expenses; the Clerk is directed to send a copy of this courts order of 12/20/00 setting forth the powers of the office of the Special Master to the Special Master (cc: all counsel) ( no pgs: 1) (km) (Entered: 02/08/2001) | |||
| 2001-03-05 | 117 | 0 | Addendum/Supplemental Authority filed by plaintiff in support of motion to exclude expert report and testimony of Harry F Manbeck Jr [100-1] ( no pgs: 3) (km) (Entered: 03/05/2001) | |||
| 2001-03-08 | 118 | 0 | ORDER by Judge Susan J. Dlott: notwithstanding the courts case mgmt order of 7/25/00 [83-1] and in accordance with the court orders of 12/20/00 [104-1] and 2/8/01 [116-1], Special Master Don W Martens shall in conjunction with the duties assigned, decide pltfs pending motion for provisional relief under FRCP 56(f) [52-1] (cc: all counsel) ( no pgs: 1) (km) (Entered: 03/08/2001) | |||
| 2001-03-12 | 119 | 0 | RESPONSE by defendants to addendum/supplemental authority by plaintiff in support of motion to exclude expert report and testimony of Harry F Manbeck Jr [117-1] ( no pgs: 5) (km) (Entered: 03/12/2001) | |||
| 2001-03-23 | 120 | 0 | ORDER by Judge Susan J. Dlott denying motion for leave to file second amended answer and counterclaim [86-1] (cc: counsel) ( no pgs: 2) (km) (Entered: 03/23/2001) | |||
| 2001-03-23 | 121 | 0 | ORDER by Judge Susan J. Dlott granting motion to vacate notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer of interest (filed in related case C-1-98-690) [24-1], or to amend/modify notation order of 12/2/99 granting motion for substitution of counsel and notification of substitution of parties through transfer in interest (filed in related case C-1-98-690) [24-2]; the notice of substitution of counsel filed in C-1-98-804 [12-1] is recognized as effective (cc: all counsel) ( no pgs: 2) (km) (Entered: 03/23/2001) | |||
| 2001-04-06 | 122 | 0 | REDACTED MEMORANDUM by defendants in support of first motion for partial summary judgment concerning the legal interpretation of the 'at least about 95 percent hydrogen' patent claim terms [30-1] (Redacted Pages 21, 22, 26 and 35 of orig memsupp filed under seal) (km) (Entered: 04/06/2001) | |||
| 2001-04-06 | 123 | 0 | REDACTED MEMORANDUM by defendants in support of second motion for partial summary judgment of non-infringement of the 'at least about 95 percent hydrogen' patent claims [31-1] (Redacted page 25 of orig memsupp filed under seal) (km) (Entered: 04/06/2001) | |||
| 2001-04-06 | 124 | 0 | REDACTED MEMORANDUM by defendants in support of third motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] (Redacted page 9 of orig memsupp filed under seal) (km) (Entered: 04/06/2001) | |||
| 2001-04-06 | 125 | 0 | REDACTED REPLY by defendants to response to first motion for partial summary judgment concerning the legal interpretation of the 'at least about 95 percent hydrogen' patent claim terms [30-1] (Redacted page 11 of orig rply memo filed under seal) (km) (Entered: 04/06/2001) | |||
| 2001-04-06 | 126 | 0 | REDACTED REPLY by defendants to response to third motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] (Redacted page 11 of the orig reply memo filed under seal) (km) (Entered: 04/06/2001) | |||
| 2001-04-13 | 127 | 0 | SECOND REDACTED MEMORANDUM by defendants in support of motion for partial summary judgment concerning the legal interpretation of the 'at least about 95 percent hydrogen' patent claim terms [30-1] (redacted page 21 of orig memo in support filed under seal) ( no pgs: 2) (km) (Entered: 04/13/2001) | |||
| 2001-05-31 | 128 | 0 | CORPORATE DISCLOSURE STATEMENT filed by plaintiff Armco Inc ( no pgs: 1) (km) (Entered: 05/31/2001) | |||
| 2001-06-12 | 129 | 0 | REVISED ORDER EXTENDING CERTAIN PRETRIAL DATES by Judge Susan J. Dlott: at the request of parties with the recommendation of the Special Master William Hardy the pretrial scheduling order as amended 12/26/00 is further amended as follows: (1) depositions relating to defts reliance on opinions of counsel will be postponed to a date that is agreeable to the parties following resolution of AK Steel's motion to compel documents witheld by defts under claims of privilege and subject to witness availability; (2) pursuant to the death of pltfs expert Dr Neil Birks, pltf may designate a replacement expert NLT 7/15/01 with accompanied replacement expert report; defts shall have right to object to the report of the replacement expert to the extent that the report differs in any material way fm pltfs prior reports (cc: all counsel) ( no pgs: 3) (km) (Entered: 06/12/2001) | |||
| 2001-07-05 | 130 | 0 | MOTION by plaintiff to extend time until 8/1/01 in which to file objections to the report of Special Master Hardy ( no pgs: 3) (km) (Entered: 07/06/2001) | |||
| 2001-07-23 | 131 | 0 | ORDER CLARIFYING 6/29/01 REPORT by Judge Susan J. Dlott: with concurrence of the parties and with the recommendation of Special Master Hardy it is hereby clarified that neither (1) the ltr report dtd 6/29/01 fm Special Master Hardy nor (2) the decision referred to in that letter made in regard to the issues involved in pltfs motion to compel ([106-1] in C-1-98-690) as well as the defts resp to the affirmative requirements set forth in the decision of the motion to compel shall constitute a rpt of a special master pursuant to FRCP 53(e) and shall not start the time running for the filing of objections to a report of a special master (cc: all counsel) ( no pgs: 1) (km) (Entered: 07/23/2001) | |||
| 2001-09-14 | 132 | 0 | Supplemental memorandum by defendants in support of motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] (FILED UNDER SEAL) (km) (Entered: 09/17/2001) | |||
| 2001-10-05 | 133 | 0 | RESPONSE by plaintiff to supplemental memorandum in support of motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] [132-1] (FILED UNDER SEAL; ORIG DOC FILED IN C-1-98-690 DOC. 185) (km) (Entered: 10/09/2001) | |||
| 2001-10-05 | 134 | 0 | STATEMENT/DECLARATION by plaintiff counsel Ann Gallagher Robinson in support of response to supplemental memorandum in support of motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] [132-1] [133-1] ( no pgs: 5) (km) (Entered: 10/09/2001) | |||
| 2001-10-18 | 135 | 0 | Supplemental reply memorandum by defendants in support of third motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] (FILED UNDER SEAL; ORIG DOC FILED IN C-1-98-690 (DOC 187)) (km) (Entered: 10/18/2001) | |||
| 2001-10-26 | 136 | 0 | REPORT AND RECOMMENDATION OF SPECIAL MASTER WILLIAM HARDY regarding pltfs motions to compel production of technical data withheld under a claim of work product immunity; NOTICE: Parties have 10 days to file objections (cc: all counsel) ( no pgs: 10+) (km) (Entered: 10/26/2001) | |||
| 2001-11-01 | 137 | 0 | NOTICE OF FILING Addendum/Supplemental Evidence by plaintiff in support of response to supplemental memorandum to third motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1] [132-1] [133-1] (FILED UNDER SEAL - ORIG DOC FILED IN C-1-98-690 (DOC. 189)) (km) (Entered: 11/02/2001) | |||
| 2001-11-09 | 138 | 0 | MOTION by plaintiff for leave to file motion to compel gas composition test information in excess of 20 pages ( no pgs: 3) (km) (Entered: 11/13/2001) | |||
| 2001-11-13 | 139 | 0 | WRITTEN OBJECTIONS by plaintiff to Report and Recommendation of Special Master William Hardy [136-1] ( no pgs: 3) (km) (Entered: 11/14/2001) | |||
| 2001-11-13 | 140 | 0 | MOTION by plaintiff for review of Report and Recommendation of Special Master William Hardy re pltfs motion to compel production of data and info pertaining to three gas composition tests conducted on defts line 2 withheld under a claim of work product immunity (FILED UNDER SEAL; ORIG DOC FILED IN C-1-98-690 (DOC. 192)) (km) (Entered: 11/14/2001) | |||
| 2001-11-13 | 141 | 0 | MOTION by plaintiff for leave to file 38 page motion to review Report and Recommendation of Special Master in place of current 20 page motion [140-1] ; proposed motion attached (FILED UNDER SEAL - ORIG DOC FILED IN C-1-98-690 (DOC. 193)) (km) (Entered: 11/14/2001) | |||
| 2001-11-30 | 142 | 0 | RESPONSE by defendants to objections to Report and Recommendation [136-1] (FILED UNDER SEAL) (km) (Entered: 11/30/2001) | |||
| 2001-12-06 | 143 | 0 | ORDER by Judge Susan J. Dlott granting motion for leave to file motion to compel gas composition test information in excess of 20 pages [138-1] (construed by Court as objections to Report and Recommendation of Special Master Hardy) (cc: all counsel) ( no pgs: 1) (km) (Entered: 12/06/2001) | |||
| 2001-12-06 | 144 | 0 | OBJECTIONS by plaintiff to Report and Recommendation of Special Master William Hardy [136-1] (FILED UNDER SEAL) (km) (Entered: 12/06/2001) | |||
| 2001-12-11 | 145 | 0 | REPLY by plaintiff to response to Objections to Report and Recommendation of Special Master William Hardy [136-1] (FILED UNDER SEAL; ORIG DOC FILED IN C-1-98-690 (DOC. 197)) (km) (Entered: 12/11/2001) | |||
| 2001-12-14 | 146 | 0 | NOTICE by defendants of confirmation that defts 11/30/01 opposition [142-1] is in response to pltfs motion upon objections to R&R of the Special Master filed 12/6/01 [144-1] ( no pgs: 3) (km) (Entered: 12/14/2001) | |||
| 2001-12-19 | 147 | 0 | Stipulation and ORDER by Judge Susan J. Dlott: re the schedule for filing written objections to or motions upon Special Patent Master's Report and Recommendation of five pending motions for partial summary judgment; with consent of Special Patent Master Martens and by agreement of parties the following schedule shall apply regarding the filing of objections to the R&R: (1) all written objections to or motions for action upon the special master's R&R shall be due 30 days fm the date on which the Special Patent Master sends by electronic mail a copy of his final R&R (2) the Special Patent Master shall also send a hard copy of the R&R by overnight mail to counsel of record; (3) all memopp to written objections shall be due within 21 days after receipt of the objections or motion; and (4) there shall be no right of reply or any further briefing on the R&R except upon leave of Court (cc: all counsel) ( no pgs: 2) (km) (Entered: 12/19/2001) | |||
| 2001-12-20 | 148 | 0 | ATTORNEY SUBSTITUTION: terminating attorney David Paul Kamp for defendants and substituting attorney Mark John Ruehlmann ( no pgs: 3) (km) (Entered: 12/21/2001) | |||
| 2002-01-24 | 149 | 0 | REPORT AND RECOMMENDATION by Special Master Don W Martens re: defts first motion for partial summary judgment concerning the legal interpretation of the "at least about 95 percent hydrogen" patent claim terms [30-1]; pltfs first motion for partial summary judgment on claim construction [56-1]; defts second motion for partial summary judgment of non-infringement of the at least about 95 percent patent claims [31-1]; defts third motion for partial summary judgment of non-fringement and invalidity of the kilbane patents [32-1]; and pltfs second motion for partial summary judgment on claim construction [57-1] NOTICE: Parties have 10 days to file objections (cc: all counsel) (km) Modified on 10/07/2002 (Entered: 01/24/2002) | |||
| 2002-01-30 | 150 | 0 | NOTICE OF FILING TRANSCRIPT OF PROCEEDINGS before Special Patent Master Donald W Martens by defendants; (FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER; ORIGINAL TRANSCRIPT FILED IN C-1-98-690, DOC. 202) (km) (Entered: 01/31/2002) | |||
| 2002-02-13 | 151 | 0 | OBJECTIONS by defendants to Report and Recommendation by Special Patent Master Martens re motions for partial summary judgment [149-1] (FILED UNDER SEAL) (km) (Entered: 02/14/2002) | |||
| 2002-02-15 | 152 | 0 | MOTION by plaintiff for leave to file objections to Report and Recommendation of Special Master in excess of 20 pages ( no pgs: 5) (km) (Entered: 02/15/2002) | |||
| 2002-02-19 | 153 | 0 | NOTATION ORDER by Judge Susan J. Dlott granting motion for leave to file objections to Report and Recommendation of Special Master in excess of 20 pages [152-1] to a maximum of 50 pages (cc: all counsel) (km) (Entered: 02/19/2002) | |||
| 2002-02-19 | 154 | 0 | RESPONSE by defendants to motion for leave to file objections to Report and Recommendation of Special Master in excess of 20 pages [152-1] ( no pgs: 3) (km) (Entered: 02/20/2002) | |||
| 2002-02-19 | 155 | 0 | MOTION by plaintiff for review and revision of the Report and Recommendation of the Special Master re motions for partial summary judgment ; declaration of Ann G Robinson Esq attached; ORAL ARGUMENT REQUESTED (ORIGINAL DOC FILED IN C-1-98-690 (DOC. 207); MEMO IN SUPPORT AND ALL EXHIBITS FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER) (km) (Entered: 02/20/2002) | |||
| 2002-03-05 | 156 | 0 | NOTICE by plaintiff of filing deposition of Farrell Kilbane (Vol IV and V) ( no pgs: 2) (km) (Entered: 03/05/2002) | |||
| 2002-03-06 | 157 | 0 | RESPONSE by plaintiff to objections to Report and Recommendation of Special Patent Master Martens re motions for summary judgment [149-1] (FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER - ORIGINAL FILED IN C-1-98-690 [209-1]) (km) (Entered: 03/07/2002) | |||
| 2002-03-12 | 158 | 0 | UNOPPOSED MOTION by defendants to extend time until 3/14/02 in which to file memopp to motion for review and revision of Report and Recommendation of Special Master re motions for partial summary judgment , and for leave to file memopp to motion for review and revision of R&R in excess of 20 pages ( no pgs: 3) (km) (Entered: 03/13/2002) | |||
| 2002-03-14 | 159 | 0 | ORDER by Judge Susan J. Dlott granting unopposed motion to extend time until 3/14/02 in which to file memopp to motion for review and revision of Report and Recommendation of Special Master re motions for partial summary judgment [158-1], and for leave to file memopp to motion for review and revision of R&R in excess of 20 pages [158-2] (cc: all counsel) ( no pgs: 1) (km) (Entered: 03/14/2002) | |||
| 2002-03-14 | 160 | 0 | RESPONSE by defendant SOLLAC to motion for review and revision of the Report and Recommendation of the Special Master re motions for partial summary judgment [155-1] (FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER - ORIGINAL DOC FILED IN C-1-98-690 [212-1]) (km) (Entered: 03/15/2002) | |||
| 2002-03-29 | 161 | 0 | NOTICE of hearing setting hearing on the Objections to Report and Recommendation [151-1] [157-1] at 9:30 6/13/02 Ctrm 836 before J Dlott (cc: all counsel) (km) (Entered: 03/29/2002) | |||
| 2002-05-28 | 162 | 0 | Stipulation and ORDER by Judge Susan J. Dlott: regarding deadlines for exchanging demonstrative exhibits and procedure for hearing on the Objections to the Reports of the Special Masters set for 9:30 6/13/02 [136-1] [149-1] (cc: all counsel) ( no pgs: 3) (km) (Entered: 05/28/2002) | |||
| 2002-06-10 | 163 | 0 | Addendum/Supplemental Authority by plaintiff in support of Objections to Reports and Recommendations of Special Masters Martens and Hardy [136-1] [149-1] ( no pgs: 2+) (km) (Entered: 06/10/2002) | |||
| 2002-06-11 | 164 | 0 | Addendum/Supplemental Demonstrative Exhibits 1-99 filed by defendants re motions for partial summary judgment [30-1] [31-1] [32-1] for oral argument set for 6/13/02 (FILED UNDER SEAL) (km) (Entered: 06/11/2002) | |||
| 2002-06-11 | 165 | 0 | NOTICE OF FILING Addendum/Supplemental Demonstrative Exhibits by plaintiff re motions for partial summary judgment [56-1] [57-1] for oral argument set for 6/13/02 (FILED UNDER SEAL) (ORIGINAL DOCUMENT FILED IN C-1-98-690 (DOC. 217)) (km) Modified on 06/11/2002 (Entered: 06/11/2002) | |||
| 2002-06-12 | 166 | 0 | NOTICE OF FILING OF MATERIAL SUBMITTED TO SPECIAL MASTER HARDY relating to pending discovery motions by plaintiff re Report and Recommendation [136-1] (SEE ORIGINAL DOC. FILED IN C-1-98-690 [217-1] - FILED UNDER SEAL) (km) (Entered: 06/13/2002) | |||
| 2002-07-02 | 167 | 0 | NOTICE OF FILING EXPLANATORY TECHNICAL MATERIAL by plaintiff pursuant to oral argument held 6/13/02 (NOTE: ORIGINAL DOCUMENT FILED IN C-1-98-690 (DOC. 220)) (km) (Entered: 07/03/2002) | |||
| 2002-07-03 | 168 | 0 | LETTER RESPONSE by defendants to notice of filing explanatory technical material pursuant to oral argument held 6/13/02 [167-1] ( no pgs: 2) (km) (Entered: 07/08/2002) | |||
| 2002-07-30 | 169 | 0 | ORDER by Judge Susan J. Dlott adopting REPORT AND RECOMMENDATION OF SPECIAL MASTER WILLIAM HARDY [136-1], overruling motion for review of Report and Recommendation of Special Master William Hardy re pltfs motion to compel production of data and info pertaining to three gas composition tests conducted on defts line 2 withheld under a claim of work product immunity [140-1], adopting REPORT AND RECOMMENDATION OF SPECIAL MASTER MARTENS [149-1], overruling motion for review and revision of the Report and Recommendation of the Special Master re motions for partial summary judgment [155-1], granting in part and denying in part motion for partial summary judgment concerning legal interpretation of the 'at least about 95 percent hydrogen' patent claim terms [30-1], granting motion for partial summary judgment of non-infringement of the 'at least about 95 percent hydrogen' patent claims [31-1], granting in part and denying in part motion for partial summary judgment of non-infringement and invalidity of the Kilbane patents [32-1], finding the motion for provisional relief pursuant to FRCP 56(f) [52-1] moot, granting in part and denying in part motion for partial summary judgment of claim construction [56-1], granting in part and denying in part motion for partial summary judgment of claim construction [57-1] (cc: all counsel) ( no pgs: 19) (km) (Entered: 07/30/2002) | |||
| 2002-07-30 | 170 | 0 | NOTICE of hearing ; Telephonic Status conference set for 3:00 8/13/02 before J Dlott (cc: all counsel) (km) (Entered: 07/30/2002) | |||
| 2002-08-21 | 171 | 0 | OBJECTIONS by plaintiff to defendants' proposed orders entering final judgment (original doc filed in C-1-98-690 [224-1]) ( no pgs: 12+exh 1-10) (km) (Entered: 08/21/2002) | |||
| 2002-08-22 | 172 | 0 | NOTICE by plaintiff of declassification of confidential portions of Report and Recommendation of Special Master Martens ( no pgs: 3) (km) (Entered: 08/23/2002) | |||
| 2002-08-23 | 173 | 0 | RESPONSE by defendants to notice of declassification of confidential portions of Report and Recommendation of Special Master Martens [172-1] ( no pgs: 3) (km) (Entered: 08/26/2002) | |||
| 2002-08-23 | 174 | 0 | RESPONSE by plaintiff to defendants' letter of 8/22/02 re deferring taxation and submission of costs until after appeals from this court's judgments are exhausted (ORIGINAL DOCUMENT FILED IN C-1-98-690 (DOC. 227)) (km) (Entered: 08/26/2002) | |||
| 2002-09-25 | 175 | 0 | ORDER by Judge Susan J. Dlott: DISMISSING WITHOUT PREJUDICE AS MOOT defts outstanding counterclaims, pursuant to the order adopting the Report and Recommendation of Special Master Martens of 7/30/02 [169-1]; the Court ORDERS the clerk to enter judgment in favor of defendants; dismissing case (cc: all counsel) ( no pgs: 1) (km) Modified on 09/25/2002 (Entered: 09/25/2002) | |||
| 2002-09-25 | 176 | 0 | JUDGMENT: Entered by Clerk affirming doc. 175 (cc: all counsel) ( no pgs: 1) (km) (Entered: 09/25/2002) | |||
| 2002-09-25 | 177 | 0 | Stipulation and ORDER by Judge Susan J. Dlott: staying deadline for filing motion for attorneys' fees and expenses and taxation and submission of costs until after appeals are exhausted (cc: all counsel) ( no pgs: 2) (km) (Entered: 09/25/2002) | |||
| 2002-10-07 | 178 | 0 | ORDER by Judge Susan J. Dlott: pursuant to pltfs Notice of Declassification of Confidential Portions of Report and Recommendation of Special Master Martens [172-1] and defts response to notice [173-1] it is ordered that the Report and Recommended Decisions of Special Master Regarding Defendants' and Plaintiff's Motions for Summary Judgment be UNSEALED (cc: all counsel) ( no pgs: 1) (km) (Entered: 10/07/2002) | |||
| 2002-10-22 | 179 | 0 | CONTINGENT NOTICE OF TRANSFER OF INTEREST filed by plaintiff to clarify the record as to actual party plaintiff in this action due to transfer of interest from Armco Inc to AK Steel Corporation ( no pgs: 3) (km) (Entered: 10/22/2002) | |||
| 2002-10-24 | 180 | 0 | NOTICE OF APPEAL by plaintiff Armco Inc from Dist. Court decisions [169-1] of 7/30/02 and [176-1] of 9/25/02 ( no pgs: 2+) (scot) (Entered: 10/24/2002) | |||
| 2002-10-24 | 181 | 0 | JOINT NOTICE OF FILING of communications between the parties and the Special Masters ( no pgs: 2+3 boxes of exhibits FILED UNDER SEAL) (km) (Entered: 10/24/2002) | |||
| 2002-11-07 | 182 | 0 | NOTICE OF CONDITIONAL CROSS-APPEAL by defendants from Dist. Court decisions [169-1] of 7/30/02, [175-1] of 9/25/02, and [176-1] of 9/25/02 ( no pgs: 3) (km) (Entered: 11/08/2002) | |||
| 2002-11-21 | 183 | 0 | RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-1075 (scot) (Entered: 11/21/2002) | |||
| 2002-11-26 | 184 | 0 | RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-1086 (scot) (Entered: 11/26/2002) | |||
| 2003-10-20 | 185 | 0 | USCA JUDGMENT as to 180 182 Notices of Appeal: AFFIRMED.(ss, ) (Entered: 10/22/2003) |