Case details

Court: ord
Docket #: 1:03-cv-03034
Case Name: Tom Hayden Enterprises, Inc. v. Southern Oregon Hot Bikes, Inc.
PACER case #: 8709
Date filed: 2003-04-24
Date terminated: 2006-03-23
Assigned to: Magistrate Judge John P. Cooney
Case Cause: 35:145 Civil Action to Obtain Patent
Nature of Suit: 830 Patent
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Tom Hayden Enterprises, Inc.
Plaintiff
 
Thomas F. Armosino
Brent Wilkins, Attorney at Law
132 Van Ness Avenue, #1
Ashland, OR 97520
541-779-2333
Fax: 541-779-6379
Email: armosino@fdfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy B. McCormack
McCormack Intellectual Property Law
Business Law
617 Lee Street
Seattle, WA 98109
(206)381-8888
Fax: (206)381-1988
Email: tim@McCormackLegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Delbert J. Barnard
Barnard Intellectual Property, Inc.
P.O. Box 58888
Seattle, WA 98138-188
(206)246-0566
Fax: (206)381-3101
Email: del@seattlepatentlaw.com
ATTORNEY TO BE NOTICED

Thomas E. Loop
LOOP Intellectual Property Law
1700 7th Avenue, Suite 2100
Seattle, WA 98101
(206) 568-3100
Fax: (206) 568-3168
Email: thomas@seattlepatentlaw.com
ATTORNEY TO BE NOTICED

Edward H. Talmadge
Edward H. Talmadge, P.C.
145 S. Holly Street, Suite B
Medford, OR 97501
541-500-8082
Fax: 541-500-8083
Email: talmadgefirm@gmail.com
ATTORNEY TO BE NOTICED
Southern Oregon Hot Bikes, Inc.
Defendant
 
Jay A. Zollinger
Outside General Counsel Services, P.C.
dba Law Office of Jay Zollinger
10975 SW Avocet Court
Beaverton, OR 97007
United Sta
(503) 464-6787
Email: jay.zollinger@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Norbert Stahl
Perkins Coie, LLP (Menlo Park)
101 Jefferson Drive
Menlo Park, CA 94025-1114
(650) 838-4300
Fax: (650) 838-4350
Email: nstahl@perkinscoie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul Andre
Perkins Coie, LLP (Menlo Park)
101 Jefferson Drive
Menlo Park, CA 94025-1114
(650) 838-4300
Fax: (650) 838-4350
Email: pandre@perkinscoie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter E. Heuser
Schwabe Williamson & Wyatt, PC
1211 SW 5th Ave
Suite 1900
Portland, OR 97204
503-222-9981
Fax: 503-796-2900
Email: pheuser@schwabe.com
TERMINATED: 07/24/2003
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-04-24 1 0 Complaint for Patent Infringement Filing Fee collected. Receipt #: 801986 issued. Filed by Tom Hayden Enterprises, Inc. against Southern Oregon Hot Bikes, Inc.. (Meyer, Craig) (Entered: 04/29/2003)
2003-04-24 2 0 Notice of Appearance by Attorney Thomas F. Armosino filed by Tom Hayden Enterprises, Inc. (Meyer, Craig) (Entered: 04/29/2003)
2003-04-24 3 0 Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable John P. Cooney. Discovery to be completed by 8/22/2003. Joint Alternate Dispute Resolution Report due by 9/22/2003. Pretrial Order due by 9/22/2003. (Meyer, Craig) (Entered: 04/29/2003)
2003-04-29 4 0 Patent Report: This report is submitted pursuant to Title 35 Section 290 USC which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. (Meyer, Craig) (Entered: 04/29/2003)
2003-05-05 5 0 Return of Service Executed upon Roger Wimberly, Registered Agent on 4/24/03. Filed by Tom Hayden Enterprises, Inc.. (dn, ) (Entered: 05/06/2003)
2003-05-14 6 0 Answer to Complaint And Counterclaim (Related Doc # 1 ). Filed by Southern Oregon Hot Bikes, Inc.. (Heuser, Peter) (Entered: 05/14/2003)
2003-05-14 7 0 Corporate Disclosure Statement. Filed by Southern Oregon Hot Bikes, Inc.. (Heuser, Peter) (Entered: 05/14/2003)
2003-06-03 8 0 Answer to Counterclaim. Filed by Tom Hayden Enterprises, Inc.. (dn, ) (Entered: 06/03/2003)
2003-06-25 9 0 Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Tom Hayden Enterprises, Inc.. (dn, ) (Entered: 06/25/2003)
2003-06-25 10 0 Corporate Disclosure Statement. Filed by Tom Hayden Enterprises, Inc.. (dn, ) (Entered: 06/25/2003)
2003-06-30 11 0 Order Granting Application for Special Admission Pro Hac Vice of Delbert J. Barnard for Tom Hayden Enterprises, Inc.. Receipt number 802069 Signed 6/30/03 by Judge John P. Cooney. (dn, ) (Entered: 06/30/2003)
2003-06-30 12 0 Order Granting Application for Special Admission Pro Hac Vice of Timothy B. McCormack for Tom Hayden Enterprises, Inc.. Receipt number 802070 Signed 6/30/03 by Judge John P. Cooney. (dn, ) (Entered: 06/30/2003)
2003-07-03 13 0 Stipulated Motion for Extension of Time of Case Deadlines. Filed by Southern Oregon Hot Bikes, Inc.. (Heuser, Peter) (Entered: 07/03/2003)
2003-07-15 14 0 ORDER:Order Granting Stipulated Motion for Extension of Time for Case Deadlines(Related Doc # 13 ) Discovery to be completed by 9/22/2003. Pretrial Order or Dispositive Motions due by 10/21/2003. by Judge John P. Cooney. (Related documents(s) 1 ) (dn, ) (Entered: 07/15/2003)
2003-07-24 15 0 Notice of Substitution of Attorney Jay A. Zollinger for Southern Oregon Hot Bikes, Inc. in place of Attorney Peter E. Heuser. (dn, ) (Entered: 07/24/2003)
2003-07-24 16 0 Order Granting Application for Special Admission Pro Hac Vice of Norbert Stahl for Southern Oregon Hot Bikes, Inc.. Receipt number 802107 Signed 7/24/03 by Judge John P. Cooney. (dn, ) (Entered: 07/24/2003)
2003-07-24 17 0 Order Granting Application for Special Admission Pro Hac Vice of Paul Andre for Southern Oregon Hot Bikes, Inc.. Receipt number 802106 Signed 7/24/03 by Judge John P. Cooney. (dn, ) (Entered: 07/24/2003)
2003-09-12 18 0 Stipulated Motion for Extension of Discovery & PTO Deadlines. Filed by Southern Oregon Hot Bikes, Inc.. (dn, ) (Entered: 09/12/2003)
2003-09-12 19 0 Stipulated Protective Order: Signed 9/12/03 by Judge John P. Cooney. (dn, ) (Entered: 09/12/2003)
2003-09-18 20 0 ORDER:Order Granting Motion for Extension of Discovery & PTO Deadlines (Related Doc # 18 ) Parties exchange of proposed claim construction 12/19/03. Claim construction briefs filed with court by 1 /23/04. Claim construction replies filed with court by 2/6/04. Witness lists filed by 2/6/04. Claim construction hearing set for 2/27/2004 at 09:00 AM in Medford (in-person). Discovery to be completed by 7/28/2004. Pretrial Order or Dispositive Motions due by 8/27/2004. Joint Alternate Dispute Resolution Report due by 8/27/2004. Hearing set for 2/27/2004 at 09:00 AM in Medford. by Judge John P. Cooney. (Related documents(s) 1 ) (dn, ) (Entered: 09/18/2003)
2003-12-10 21 0 Motion to Alter/Amend/Correct answer and supporting declaration. Filed by Southern Oregon Hot Bikes, Inc.. (Stahl, Norbert) (Entered: 12/10/2003)
2003-12-10 22 0 Proposed Answer amended. Filed by Southern Oregon Hot Bikes, Inc.. (Stahl, Norbert) (Entered: 12/10/2003)
2004-01-06 23 0 ORDER:Order Granting Motion to Amend Answer (Related Doc # 21 ) The Amended Answer shall be filed by 1/20/04. by Judge John P. Cooney. (dn, ) (Entered: 01/06/2004)
2004-01-12 24 0 Amended Answer to Complaint and Related Counterclaims. Filed by all defendants. (Stahl, Norbert) (Entered: 01/12/2004)
2004-01-23 25 0 Brief (Defendant's Claim Construction). Filed by all defendants. (Stahl, Norbert) (Entered: 01/23/2004)
2004-01-23 26 0 Declaration of Norbert Stahl in Support of Defendant's Claim Construction Brief. Filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 25 ) (Stahl, Norbert) (Entered: 01/23/2004)
2004-01-23 27 0 Claim Construction Memorandum. Filed by Tom Hayden Enterprises, Inc.. (dn, ) (Entered: 01/26/2004)
2004-02-04 28 0 Answer to Amended Answer to Complaint and Related Counterclaims. Filed by Tom Hayden Enterprises, Inc.. (Related document(s) 1 ) (dn, ) (Entered: 02/05/2004)
2004-02-06 29 0 Reply Defendant's Claim Construction Brief. Filed by all defendants. (Related document(s) 27 ) (Stahl, Norbert) (Entered: 02/06/2004)
2004-02-06 30 0 Witness List Defendant's. Filed by all defendants. (Stahl, Norbert) (Entered: 02/06/2004)
2004-02-06 31 0 Reply to Defendant's Claim Construction Brief. Filed by Tom Hayden Enterprises, Inc.. (dn, ) (Entered: 02/09/2004)
2004-03-01 32 0 CIVIL MINUTES: Record of Proceedings: Claim Construction Hearing. Reserved ruling on Defendant's Oral Motion to Strike Plaintiff's Memorandum of New Authority filed 2/26/04. The Claim Construction is under advisement as of 2/27/04. Delbert J. Barnard and Thomas F. Armosino present as counsel for plaintiff(s). Norbert Stahl and Paul Andre present as counsel for defendant(s). Court Reporter or Tape No.: Laura Smith. John P. Cooney presiding. (dn, ) (Entered: 03/01/2004)
2004-02-26 33 0 Memorandum of New Authority. Filed by Tom Hayden Enterprises, Inc..(dn, ) (Entered: 03/01/2004)
2004-03-05 34 0 Transcript of Proceedings held on 2/27/04 before Judge John P. Cooney. Court Reporter: Laura Smith.. (dn, ) (Entered: 03/05/2004)
2004-03-11 35 0 Witness Disclosure. Filed by Tom Hayden Enterprises, Inc..(dn, ) (Entered: 03/12/2004)
2004-04-30 36 0 Findings & Recommendation: Signed on 4/29/04 by Judge John P. Cooney. Complaint 1 . Objections to the Findings and Recommendation due by 5/19/2004. Signed on 4/29/04 by Judge John P. Cooney. (dn, ) (Entered: 04/30/2004)
2004-05-07 37 0 Objections to Findings & Recommendation 36 . Filed by Southern Oregon Hot Bikes, Inc..(Stahl, Norbert) Modified on 5/10/2004 (dn, ). (Entered: 05/07/2004)
2004-05-10 38 0 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Docket Entry # 37 will be corrected to read Objections to Findings and Recommendations. Responses to any objections to the Findings and Recommendation are due by 5/26/2004. (dn, ) (Entered: 05/10/2004)
2004-05-10 39 0 Objections to Findings & Recommendation 36 . Filed by all plaintiffs.(Talmadge, Edward) (Entered: 05/10/2004)
2004-05-25 40 0 Response to Objections on Claim Construction to Findings & Recommendation 36 . Filed by Southern Oregon Hot Bikes, Inc..(Stahl, Norbert) (Entered: 05/25/2004)
2004-05-27 41 0 Response to Objections Filed by Defendant to Findings & Recommendation 36 . Filed by Tom Hayden Enterprises, Inc..(Talmadge, Edward) (Entered: 05/27/2004)
2004-06-01 42 0 Motion to Compel Discovery. Filed by Tom Hayden Enterprises, Inc.. (Talmadge, Edward) (Entered: 06/01/2004)
2004-06-01 43 0 Memorandum in Support of Motion to Compel Discovery. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Motion to compel 42 .)(Talmadge, Edward) (Entered: 06/01/2004)
2004-06-01 44 0 Declaration of Timothy B. McCormack in Support of Motion to Compel Discovery. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Motion to compel 42 .)(Talmadge, Edward) (Entered: 06/01/2004)
2004-06-01 45 0 Declaration of Delbert J. Barnard in Support of Motion to Compel. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Motion to compel 42 .) (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Exhibit Exhibit 7# 8 Exhibit Exhibit 8# 9 Exhibit Exhibit 9# 10 Exhibit Exhibit 10# 11 Exhibit Exhibit 11# 12 Exhibit Exhibit 12# 13 Exhibit Exhibit 13)(Talmadge, Edward) (Entered: 06/01/2004)
2004-06-04 46 0 Order referring Complaint 1 , Findings & Recommendation: Signed on 4/29/04 by Judge John P. Cooney. Complaint 1 36 to Judge Ann Aiken. Signed on 6/4/04 by Judge John P. Cooney. (dn, ) (Entered: 06/04/2004)
2004-06-14 47 0 Response by Defendant's to Plaintiff's re Production of Documents to Motion to Compel Discovery 42 . Filed by Southern Oregon Hot Bikes, Inc..(Stahl, Norbert) (Entered: 06/14/2004)
2004-06-14 48 0 Declaration of Norbert Stahl in Support of Defendant's Response to Plaintiff's Motion to Compel Production of Documents. Filed by Southern Oregon Hot Bikes, Inc.. (Related document(s): Response to Discovery Motion 47 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Stahl, Norbert) (Entered: 06/14/2004)
2004-06-24 49 0 Order regarding Motion to Compel Discovery 42 .. Oral Argument set for 6/30/2004 at 10:00AM by Telephone before Magistrate Judge John P. Cooney.The Court will initiate the call. (dn, ) (Entered: 06/24/2004)
2004-07-01 50 0 CIVIL MINUTES: Record of Proceedings: Motion Hearing. Delbert J. Barnard present as counsel for plaintiff(s). Norbert Stahl present as counsel for defendant(s). Court Reporter or Tape No.: FTR Gold. John P. Cooney presiding. (Related document(s): Plaintiff's motion to compel (#42): document requests 5, 12, 27, 28, and 29 are granted; the court understands that defendant has indicated that it has already produced some or all of the documents being ordered produced. Document requests 39 and 40: responsive documents, beginning with the fiscal year of notice of claim (identified as April 3, 2001 (Barnard Aff. ? 7), shall be forwarded to the court for in camera review; each side shall furnish the court the identities of any relevant payees, such as known suppliers of materials used in the chain tensioner or purchasers of the product, so as to aid the court in reviewing tax records and/or canceled checks. All materials requested by the Court are due no later than 7-15-04.(dn, ) (Entered: 07/01/2004)
2004-07-12 51 0 Motion to Compel Defendant's Motion to Compel Plaintiff's Production of Documents. Filed by Southern Oregon Hot Bikes, Inc.. (Stahl, Norbert) (Entered: 07/12/2004)
2004-07-12 52 0 Memorandum in Support of Defendant's Motion to Compel Plaintiff's Motion to Compel Plaintiff's Production of Documents. Filed by Southern Oregon Hot Bikes, Inc.. (Related document(s): Motion to compel 51 .)(Stahl, Norbert) (Entered: 07/12/2004)
2004-07-12 53 0 Declaration of Norbert Stahl in Support of Defendant's in Support of Defendant's Motion to Compel Production of Documents. Filed by Southern Oregon Hot Bikes, Inc.. (Related document(s): Motion to compel 51 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Attachment Certificate of Service)(Stahl, Norbert) (Entered: 07/12/2004)
2004-07-26 54 0 Response to Motion to Compel Defendant's Motion to Compel Plaintiff's Production of Documents 51 . Filed by Tom Hayden Enterprises, Inc..(Talmadge, Edward) (Entered: 07/26/2004)
2004-07-26 55 0 Declaration of Timothy B. McCormack. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Response to Discovery Motion 54 .) (Attachments: # 1 Exhibit 1 & 2)(Talmadge, Edward) (Entered: 07/26/2004)
2004-07-28 56 0 Motion for Extension of Discovery & PTO Deadlines. Filed by Tom Hayden Enterprises, Inc.. (Talmadge, Edward) (Entered: 07/28/2004)
2004-07-28 57 0 Declaration of Timothy B. McCormack. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 56 .) (Attachments: # 1 Exhibit No. 1# 2 Exhibit No. 2# 3 Exhibit No. 3# 4 Exhibit No. 4)(Talmadge, Edward) (Entered: 07/28/2004)
2004-07-27 58 0 ORDER: Magistrate Judge Cooney's Claim Construction Order (Findings and Recommendation) issued April 30, 2004 36 is adopted. The parties are granted leave to renew their objections to Magistrate Cooney's claim construction if Findings and Recommendation are issued on motions for summary judgment which require de novo review by the court. Signed on July 27, 2004 by Judge Ann L. Aiken. (cp, ) (Entered: 07/28/2004)
2004-08-02 59 0 ORDER: Signed on 8/2/04 by Judge John P. Cooney. Granting Motion for Extension of Discovery & PTO Deadlines 56 . Discovery to be completed by 9/28/2004. Joint Alternate Dispute Resolution Report due by 10/27/2004. Pretrial Order or Dispositive Motions due by 10/27/2004. (dn, ) (Entered: 08/02/2004)
2004-08-05 60 0 Transcript of Proceedings held on 6/30/04 before Judge John P. Cooney. Court Reporter or Tape Number: FTR Gold Transcribed by Laura Smith. (dn, ) (Entered: 08/05/2004)
2004-08-10 61 0 CIVIL MINUTES: Record of Order by John P. Cooney regarding Motion to Compel Defendant's Motion to Compel Plaintiff's Production of Documents 51 . Oral Argument set for 8/16/2004 at 03:00PM in Telephone before Magistrate Judge John P. Cooney. The Court will initiate the call. Ordered by Judge John P. Cooney. (dn, ) (Entered: 08/10/2004)
2004-08-11 62 0 Order:The court has reviewed the monthly bank statements for the period August 1, 2002, through June 30, 2004, and the income tax returns for the years 2001 through 2003, submitted by defendant for in camera review. The court finds that these documents do not disclose any information sought by plaintiff in document requests 39 and 40. The court will retain the above documents in the event that they become material. Signed on 8/11/04 by Judge John P. Cooney. (dn, ) (Entered: 08/11/2004)
2004-08-16 63 0 CIVIL MINUTES: Record of Proceedings: Motion Hearing. Defendant's Motion to Compel (#51) will remain open. The Parties are to notify the Court if further intervention is required within two weeks. Delbert J. Barnard and Timothy B. McCormack present as counsel for plaintiff(s). Norbert Stahl present as counsel for defendant(s). Court Reporter or Tape No.: FTR Gold. John P. Cooney presiding. (Related document(s): Motion to compel 51 .) (dn, ) (Entered: 08/16/2004)
2004-09-08 64 0 ORDER: Signed on 9/8/04 by Judge John P. Cooney. Finding as Moot Motion to Compel 51 . (dn, ) (Entered: 09/08/2004)
2004-10-27 65 0 Motion for Summary Judgment of Non-Infringement. Filed by all defendants. (Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 66 0 Memorandum in Support Defendant's Motion for Summary Judgment of Non-Infringement. Filed by all defendants. (Related document(s): Motion for Summary Judgment 65 .)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 67 0 Concise Statement of Material Fact in Support of its Motion for Summary Judgment of Non-Infringement. Filed by all defendants. (Related document(s): Motion for Summary Judgment 65 .)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 68 0 Declaration of Roger Wimberly in Support of Defendant's Motion for Summary Judgment of Non-Infringement. Filed by all defendants. (Related document(s): Motion for Summary Judgment 65 .)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 69 0 Declaration of Norbert Stahl in Support of Defendant's Motion for Summary Judgment of Non-Infringement. Filed by all defendants. (Related document(s): Motion for Summary Judgment 65 .) (Attachments: # 1 Exhibit A# 2 Exhibit B)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 70 0 Motion for Summary Judgment of Invalidity of Patent Claims. Filed by all defendants. (Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 71 0 Memorandum in Support of Defendant's Motion for Summary Judgment of Invalidity of Patent Claims. Filed by all defendants. (Related document(s): Motion for Summary Judgment 70 .)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 72 0 Concise Statement of Material Fact in Support of its Motion for Summary Judgment of Invalidity of Patent Claims. Filed by all defendants. (Related document(s): Motion for Summary Judgment 70 .)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 73 0 Declaration of Norbert Stahl in Support of Defendant's Motion for Summary Judgment of Invalidity of Patent Claims. Filed by all defendants. (Related document(s): Motion for Summary Judgment 70 .) (Attachments: # 1 Exhibit A)(Stahl, Norbert) (Entered: 10/27/2004)
2004-10-27 74 0 Stipulated Joint ADR Report. Filed by all plaintiffs. (Talmadge, Edward) (Entered: 10/27/2004)
2004-11-01 75 0 ORDER: Signed on 11/1/04 by Judge John P. Cooney. Holding in abeyance ruling on Motion for Summary Judgment of Non-infringement 65 , Holding in abeyance ruling on Motion for Summary Judgment of Invalidity of Patent Claims 70 for non compliance with LR 7.1. Pending receipt of certification pursuant to Local Rule 7.1.* Failure to file this certification within 14 days of the date of this order will result in sua sponte denial of the motion.Local Rule 7.1 states: " The first paragraph of every motion must certify that... The parties made a good faith effort through personal or telephone conferences to resolve the dispute, and have been unable to do so; or... The opposing party willfully refused to confer; or... The moving party or opposing party is a prisoner not represented by counsel." In cases in which all parties are represented, good faith effort does not include the sending of a letter absent a response by the opposing counsel. The conference must be verbal either in person or via telephone. Good faith also does not include the leaving of a "voice mail" message absent a response from the opposing counsel. (dn, ) (Entered: 11/01/2004)
2004-11-02 76 0 Certificate of Compliance Local Rule 7.1 Certification for Defendant's Motion for Summary Judgment of Non-Infringement. Filed by all defendants. (Related document(s): Motion for Summary Judgment 65 .)(Stahl, Norbert) (Entered: 11/02/2004)
2004-11-02 77 0 Certificate of Compliance Local Rule 7.1 Certification for Defendant's Motion for Summary Judgment of Invalidity of Patent Claims. Filed by all defendants. (Related document(s): Motion for Summary Judgment 70 .)(Stahl, Norbert) (Entered: 11/02/2004)
2004-11-02 78 0 Stipulated Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 65 , Motion for Summary Judgment 70 . Filed by all plaintiffs. (Armosino, Thomas) (Entered: 11/02/2004)
2004-11-05 79 0 ORDER: Acknowledging receipt of 7.1 Certifications in support of Defendant's Motion for Summary Judgment of Non-Infringement 65 and Defendant's Motion for Summary Judgment of Invalidity of Patent Claims 70 ; Granting Stipulated Motion to Enlarge Time to Respond to Defendant's Motions for Summary Judgment 78 . Responses due by 11/29/2004 for Motions 65 and 70 . Signed on 11/5/04 by Judge John P. Cooney. (Koble, Wendy) (Entered: 11/05/2004)
2004-11-29 80 0 Response. Filed by all plaintiffs. (Related document(s): Motion for Summary Judgment 65 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 81 0 Response to Defendant's Concise Statement on non-infringement. Filed by all plaintiffs. (Related document(s): Concise Statement of Material Fact 67 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 82 0 Declaration of Brian Kilpatrick in Support of Plaintiff's Response to Defendant's Motion for Summary Judgment regarding Non-infringement. Filed by all plaintiffs. (Related document(s): Response 80 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 83 0 Response to Defendant's Motion for Summary Judgment of Invalidity of Patent Claims. Filed by all plaintiffs. (Related document(s): Motion for Summary Judgment 70 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 84 0 Response to Defendant's Concise Statement of Material Fact regarding Invalidity of Patent Claims. Filed by all plaintiffs. (Related document(s): Concise Statement of Material Fact 72 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 85 0 Declaration of Brian Kilpatrick in support of Plaintiff's response to Defendant's Motion For Summary Judgment of Invalidity of Patent Claims. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Response 83 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 86 0 Notice re Response 80 , Response 83 Notice of Lodging of Non-Paper Exhibits in Support of Plaintiff's responses to Defendant's Motions for Summary Judgment. Filed by Edward H. Talmadge appearing on behalf of Tom Hayden Enterprises, Inc.. (Related document(s): Response 80 , Response 83 .)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 87 0 Declaration of Delbert J. Barnard in Support of Plaintiff's Responses to Defendant's Motions for Summary Judgment. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Response 80 , Response 83 .) (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I)(Talmadge, Edward) (Entered: 11/29/2004)
2004-11-29 88 0 Notice of Lodging: VHS tape entitled, "Southern Oregon Hot Bikes H-B 125 with Time code" and CD Rom entitles "Southern Oregon Hot BIkes H-B 125 with time code". Filed by Delbert J. Barnard appearing on behalf of Tom Hayden Enterprises, Inc..(dn, ) (Entered: 11/29/2004)
2004-11-29 89 0 Exhibit E; re Motion for Summary Judgment of Non-Infringement 65 , Motion for Summary Judgment of Invalidity of Patent Claims 70 . Filed by Tom Hayden Enterprises, Inc..(dn, ) (Entered: 11/29/2004)
2004-12-09 90 0 Reply in Support of Defendant's to Motion for Summary Judgment of Invalidity of Patent Claims 70 . Filed by all defendants.(Stahl, Norbert) (Entered: 12/09/2004)
2004-12-09 91 0 Reply Defendant's Concise Statement of Material Facts in Support of its Reply to Motion for Summary Judgment of Invalidity of Patent Claims 70 . Filed by all defendants.(Stahl, Norbert) (Entered: 12/09/2004)
2004-12-09 92 0 Reply in Support of Defendant's to Motion for Summary Judgment of Non-Infringement 65 . Filed by all defendants.(Stahl, Norbert) (Entered: 12/09/2004)
2004-12-09 93 0 Reply Declaration of Roger Wemberly in Support of Defendant's Reply to Motion for Summary Judgment of Non-Infringement 65 . Filed by all defendants.(Stahl, Norbert) (Entered: 12/09/2004)
2004-12-09 94 0 Reply Defendant's Concise Statement of Material Facts in Support of its Reply to Motion for Summary Judgment of Non-Infringement 65 . Filed by all defendants.(Stahl, Norbert) (Entered: 12/09/2004)
2004-12-09 95 0 Reply Declaration of Norbert Stahl in Support of Defendant's Reply to Motion for Summary Judgment of Non-Infringement 65 . Filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Stahl, Norbert) (Entered: 12/09/2004)
2004-12-30 96 0 CIVIL MINUTES: Record of Order by John P. Cooney regarding Motion for Summary Judgment of Non-Infringement 65 , Motion for Summary Judgment of Invalidity of Patent Claims 70 . Oral Argument set for 2/2/2005 at 10:00AM by Telephone before Magistrate Judge John P. Cooney. The Court will initiate the calls. Motions taken under advisement as of 2/2/2005. Ordered by Judge John P. Cooney. (dn, ) (Entered: 12/30/2004)
2005-01-25 97 0 Order regarding Motion for Summary Judgment of Invalidity of Patent Claims 70 , Motion for Summary Judgment of Non-Infringement 65 . RESETTING Oral Argument for 2/10/2005 at 10:00AM by Telephone before Magistrate Judge John P. Cooney. Currently set for 2/2/05 at 10:00AM. The Court will initiate the call. Motions taken under advisement as of 2/10/2005. (dn, ) (Entered: 01/25/2005)
2005-02-10 98 0 CIVIL MINUTES: Record of Proceedings: Motions Hearing held. Delbert J. Barnard and Timothy B. McCormack present as counsel for plaintiff(s). Paul Andre and Norbert Stahl present as counsel for defendant(s). Court Reporter: FTR Gold. John P. Cooney presiding. (Related document(s): Motion for Summary Judgment 65 , Motion for Summary Judgment 70 .) Plaintiff's written response to Defendant?s request to exclude Kilpatrick Declarations are due 2/17/05. Defendant's Reply due 2/24/05. Motions to be taken under advisement at the conclusion of briefing.(dn, ) (Entered: 02/10/2005)
2005-02-17 99 0 Response to Defendant's request to exlcude Kilpatrick Declarations. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Motion Hearing,, 98 .)(Talmadge, Edward) (Entered: 02/17/2005)
2005-02-17 100 0 Supplemental Declaration of Brian Kilpatrick. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Response 99 .) (Attachments: # 1 Exhibit J# 2 Exhibit K# 3 Exhibit L)(Talmadge, Edward) (Entered: 02/17/2005)
2005-02-23 101 0 Reply in Support of Motion to Exclude Kilpatrick Declarations to Motion for Summary Judgment of Non-Infringement 65 , Motion for Summary Judgment of Invalidity of Patent Claims 70 . Filed by all defendants.(Stahl, Norbert) (Entered: 02/23/2005)
2005-05-31 102 0 Findings & Recommendation: Signed on 5/31/05 by Judge John P. Cooney. Motion for Summary Judgment 70 should be denied, Motion for Summary Judgment 65 should be denied.. Objections to the Findings and Recommendation due by 6/14/2005. Signed on 5/31/05 by Judge John P. Cooney. (dn, ) (Entered: 05/31/2005)
2005-06-10 103 0 Objections and Request for Clarification to Findings & Recommendation, 102 . Filed by all defendants.(Stahl, Norbert) (Entered: 06/10/2005)
2005-06-10 104 0 Objections to Findings & Recommendation, 102 . Filed by Tom Hayden Enterprises, Inc..(Talmadge, Edward) (Entered: 06/10/2005)
2005-06-17 105 0 Response to Objections to Findings & Recommendation, 102 . Filed by all defendants.(Stahl, Norbert) (Entered: 06/17/2005)
2005-06-20 106 0 CIVIL MINUTES: Record of Order by John P. Cooney regarding Findings & Recommendation: Plaintiff may respond to Defendant's request for clarification of Findings and Recommendation, response due 7/5/05. Signed on 5/31/05 by Judge John P. Cooney. (dn, ) (Entered: 06/20/2005)
2005-07-01 107 0 Response to Objections to Findings and Recomendation. Filed by all plaintiffs.(Talmadge, Edward) (Entered: 07/01/2005)
2005-07-11 108 0 Clarification of Findings & Recommendation: Signed on 5/31/05 by Judge John P. Cooney. (dn, ) (Entered: 07/11/2005)
2005-07-12 109 0 Order referring Motion for Summary Judgment 70 , Findings & Recommendation, 102 , Motion for Summary Judgment 65 to Judge Aiken. Signed on 7/12/05 by Judge John P. Cooney. (dn, ) (Entered: 07/12/2005)
2005-07-22 110 0 Notice of Change of Address. Filed by Timothy B. McCormack appearing on behalf of Tom Hayden Enterprises, Inc..(dn, ) (Entered: 07/27/2005)
2005-09-14 111 0 ORDER: It is hereby ordered that Magistrate Judge Cooney's Findings and Recommendation 102 issued on May 31, 2005 is Adopted, and defendant's Motion for Summary Judgment of infringement and invalidity (docs. 65 and 70 ) are denied. Upon denovo review, issued April 30, 2004 (doc 36 ) is adopted, in part, with the exception of Claim 1(a)(ii) as set forth above. Signed on September 11, 2005 by Judge Ann L. Aiken. (cp, ) (Entered: 09/14/2005)
2006-01-06 112 0 Scheduling Order by John P. Cooney regarding Complaint 1 . Pretrial Order is due by 3/7/2006. (dn, ) (Entered: 01/06/2006)
2006-03-07 113 0 Notice of Change of Address for Delbert Bernard. Filed by Edward H. Talmadge appearing on behalf of all plaintiffs.(Talmadge, Edward) (Entered: 03/07/2006)
2006-03-07 114 0 Unopposed Motion for Extension of Discovery & PTO Deadlines Pretrial Order. Filed by all plaintiffs. (Attachments: # 1 Attachment Declaration) (Talmadge, Edward) (Entered: 03/07/2006)
2006-03-07 115 0 Declaration of Edward H. Talmadge in support of motion to extend deadline for filing pretrial order. Filed by Tom Hayden Enterprises, Inc.. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 114 .)(Talmadge, Edward) (Entered: 03/07/2006)
2006-03-09 116 0 ORDER: Signed on 3/9/06 by Judge John P. Cooney. Granting Motion for Extension of PTO Deadlines 114 . Pretrial Order is due by 4/6/2006. (dn, ) (Entered: 03/09/2006)
2006-03-17 117 0 Stipulation of Dismissal with Prejudice by all parties. Filed by all parties. (Zollinger, Jay) (Entered: 03/17/2006)
2006-03-24 118 0 Report sent to the Commissioner of Patents and Trademarks. (dn, ) (Entered: 03/24/2006)