| Court: | utd |
| Docket #: | 1:97-cv-00114 |
| Case Name: | Icon Health Fitness v. Keys Fitness Prod, et al |
| PACER case #: | 4684 |
| Date filed: | 1997-10-02 |
| Date terminated: | 2001-03-13 |
| Assigned to: | Judge Dee Benson |
| Case Cause: | 35:0271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Icon Health and Fitness, Inc. Plaintiff Icon Health and Fitness |
Bradley H. Bearnson John F. Booth Larry R. Laycock David L. Joers David R. Wright |
| Keys Fitness Products Defendant |
Peter V. Schroeder Richard D. Anigian Stephen J. Hill Christi L. Irish Jeffrey M. Becker Phillip B. Philbin |
| Spirit Manufacturing Consol Defendant TERMINATED: 03/27/2000 doing business asSpirit Fitness Products |
L. David Griffin Maria L. Booth Peter W. Billings John D. Dunn Todd C. Emerson |
| Metal Technologies Consol Defendant TERMINATED: 10/22/1998 doing business asTonar Fitness |
Gifford W. Price Gregory N. Jones |
| Spirit Manufacturing Consol Counter Claimant TERMINATED: 03/27/2000 doing business asSpirit Fitness Products |
L. David Griffin Maria L. Booth Peter W. Billings John D. Dunn Todd C. Emerson |
| Icon Health and Fitness, Inc. Consol Counter Defendant |
Bradley H. Bearnson John F. Booth Larry R. Laycock David L. Joers David R. Wright |
| Thomas J. Rossa Objector Deponent |
Larry R. Laycock Bradley H. Bearnson David R. Wright Robyn L. Phillips |
| Trask Britt & Rossa Objector Deponent |
Larry R. Laycock Bradley H. Bearnson David R. Wright Robyn L. Phillips |
| Keys Health and Fitness Defendant TERMINATED: 09/14/1998 |
Richard D. Anigian Stephen J. Hill Christi L. Irish Jeffrey M. Becker Phillip B. Philbin |
| Keys Fitness Products Counter Claimant TERMINATED: 09/14/1998 |
Stephen J. Hill Christi L. Irish |
| Keys Health and Fitness Counter Claimant TERMINATED: 09/14/1998 |
Stephen J. Hill Christi L. Irish |
| Keys Fitness Products Counter Claimant TERMINATED: 09/14/1998 |
Stephen J. Hill Christi L. Irish |
| Icon Health and Fitness, Inc. Counter Defendant |
Bradley H. Bearnson John F. Booth Larry R. Laycock David L. Joers David R. Wright |
| Icon Health and Fitness, Inc. Counter Defendant |
Bradley H. Bearnson John F. Booth Larry R. Laycock David L. Joers David R. Wright |
| Spirit Manufacturing Counter Claimant TERMINATED: 03/27/2000 doing business asSpirit Fitness Products |
L. David Griffin Maria L. Booth Peter W. Billings John D. Dunn Todd C. Emerson |
| Icon Health and Fitness, Inc. Counter Defendant |
Bradley H. Bearnson John F. Booth Larry R. Laycock David L. Joers David R. Wright |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1997-10-02 | 1 | 0 | Complaint filed, assigned to Judge David Sam Receipt #: 83938 (Entered: 10/03/1997) | |||
| 1997-10-21 | 2 | 0 | Return of summons executed as to Keys Fitness Prod, c/o Wilson Chu, on 10/15/97. Answer due on 11/4/97 for Keys Fitness Prod (ksp) (Entered: 10/21/1997) | |||
| 1997-10-30 | 3 | 0 | Amended complaint by Icon Health Fitness plaintiff Icon Health Fitness. Amends [1-1] complaint; jury demand (ksp) (Entered: 10/31/1997) | |||
| 1997-11-26 | 4 | 0 | Second Amended complaint by Icon Health Fitness added party(ies): Keys Health & Fitness. Amends [3-1] amended complaint; jury demand (ksp) (Entered: 12/01/1997) | |||
| 1997-12-17 | 5 | 0 | Answer by Keys Fitness Prod, Keys Health & Fitnes to pla's 2nd amended complaint; jury demand (ksp) (Entered: 12/18/1997) | |||
| 1997-12-17 | 6 | 0 | Motion by Keys Health & Fitnes to dismiss for lack of jurisdiction (ksp) (Entered: 12/18/1997) | |||
| 1997-12-17 | 7 | 0 | Memorandum by Keys Health & Fitnes in support of [6-1] motion to dismiss for lack of jurisdiction (ksp) (Entered: 12/18/1997) | |||
| 1998-01-08 | 8 | 0 | Memorandum by Icon Health Fitness in opposition to [6-1] motion to dismiss for lack of jurisdiction (ksp) (Entered: 01/09/1998) | |||
| 1998-01-08 | 9 | 0 | Declaration of L. David Griffin Re: [8-1] opposition memorandum (ksp) (Entered: 01/09/1998) | |||
| 1998-01-09 | 10 | 0 | Answer by Icon Health Fitness to [5-1] counter claim (ce) (Entered: 01/12/1998) | |||
| 1998-01-16 | 11 | 0 | Reply by Keys Fitness Prod, Keys Health & Fitnes to response to [6-1] motion to dismiss for lack of jurisdiction (ksp) (Entered: 01/20/1998) | |||
| 1998-01-16 | 12 | 0 | Declaration of Kevin Smith Re: [11-1] response reply (ksp) (Entered: 01/20/1998) | |||
| 1998-03-31 | 13 | 0 | Notice of filing by Icon Health Fitness: notice of motion to consolidate pretrial & disc proceed, incl, if necessary, Markman Claim Interpretation (ce) (Entered: 04/01/1998) | |||
| 1998-04-15 | 14 | 0 | Motion by Icon Health Fitness for preliminary injunction against dft Keys Fitness Prods & Keys Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case (Entered: 04/16/1998) | |||
| 1998-04-15 | 15 | 0 | Memorandum by Icon Health Fitness in support of [14-1] motion for preliminary injunction against dft Keys Fitness Prods & Keys Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case (Entered: 04/16/1998) | |||
| 1998-04-15 | 16 | 0 | Declaration of Mark Criddle Re: [14-1] motion for preliminary injunction against dft Keys Fitness Prods & Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case (Entered: 04/16/1998) | |||
| 1998-04-15 | 17 | 0 | Declaration of William T. Dalebout Re: [14-1] motion for preliminary injunction against dft Keys Fitness Prods & Keys Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case (Entered: 04/16/1998) | |||
| 1998-04-15 | 18 | 0 | Declaration of David R. Wright Re: [14-1] motion for preliminary injunction against dft Keys Fitness Prods & Keys Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case (Entered: 04/16/1998) | |||
| 1998-04-21 | 19 | 0 | Memorandum by Keys Fitness Prod, Keys Health & Fitnes in opposition to [13-1] file notice re: notice of motion to consol pretrial and discovery proceedings (Entered: 04/22/1998) | |||
| 1998-04-21 | 20 | 0 | Order of Reference signed by DS 4/20/98 636(b)(1)(A). Mag to hear/determine the motion to consolidate cases 1:97cv00096B, 1:97cv00114S, 1:97cv00126S, 1:97cv00127B, 1:97cv00128C, 1:97cv00130B, 1:97cv00147B, 1:98cv00012S. cc: atty text------------------------------------------+ cc: atty (ce) (Entered: 04/22/1998) | |||
| 1998-04-24 | 21 | 0 | Case referred to Judge Ronald N. Boyce cc: atty (ce) (Entered: 04/24/1998) | |||
| 1998-04-24 | 22 | 0 | Magistrate Notice of Hearing miscellaneous hearing set for 2:00 5/13/98 for motion to consolidate cases filed in 1:97cv00096B To be held before Judge Boyce. cc: atty (ce) (Entered: 04/24/1998) | |||
| 1998-04-29 | 23 | 0 | Reply by Icon Health Fitness in further support of pla's mot to consolidate at direction of Judge Boyce (Entered: 04/30/1998) | |||
| 1998-05-12 | 24 | 0 | Motion by Keys Fitness Prod, Keys Health & Fitnes to extend time to 5/16/98 to resp to appl for prelim inj (Entered: 05/13/1998) | |||
| 1998-05-12 | 25 | 0 | Memorandum by Keys Fitness Prod, Keys Health & Fitnes in support of [24-1] motion to extend time to 5/16/98 to resp to appl for prelim inj (Entered: 05/13/1998) | |||
| 1998-05-13 | 26 | 0 | Minute entry:, Argument & discussion heard. Crt rules: Grants, motion to consolidate cases for purposes of discovery Mr. Laycock to prepare & submit order defining the limitations of the consolidation and defining the specifics for conducting depositions and discovery. ; Judge: RNB Court Reporter: Electronic Court Deputy: Michael R. Weiler (mrw) (Entered: 05/14/1998) | |||
| 1998-05-14 | 27 | 0 | Order reassigning this case to Judge Campbell to consider possible consolidation of cases 1:97cv96, 1:97cv114, 1:97cv126, 1:97cv127, 1:97cv128, 1:97cv130, 1:97cv147, 1:98cv12 for patent interpretation and discovery signed by Judge Ronald N. Boyce, 5/14/98. cc: atty reassigning (ce) Modified on 05/18/1998 (Entered: 05/18/1998) | |||
| 1998-05-18 | 28 | 0 | Notice of Hearing filed : status conference set for 10:00 6/19/98 To be held before Judge Tena Campbell (tb) (Entered: 05/18/1998) | |||
| 1998-05-27 | 29 | 0 | Memorandum by Icon Health Fitness in opposition to [24-1] motion to extend time to 5/16/98 to resp to appl for prelim inj (Entered: 05/27/1998) | |||
| 1998-05-27 | 30 | 0 | Motion and Order signed by Judge Tena Campbell, 5/27/98 cc: attys. Granting motion/PHV for Attorneys: Richard D. Anigan, Phillip B. Philbin, Jeffrey M. Becker, Christi L. Irish on behalf of defendant Keys Fitness Prod, defendant Keys Health & Fitnes, counter-claimant Keys Fitness Prod, counter-claimant Keys Health & Fitnes, counter-claimant Keys Fitness Prod (Entered: 05/27/1998) | |||
| 1998-05-27 | 31 | 0 | SUPPLEMENTAL memorandum by Keys Fitness Prod, Keys Health & Fitnes in support of [24-1] motion to extend time to 5/16/98 to resp to appl for prelim inj (Entered: 05/28/1998) | |||
| 1998-05-28 | 32 | 0 | Certificate of service by Icon Health Fitness re: pla's 1st set of interrogs to dfts (Nos. 1-15) & pla's 1st req for prod/doc (Entered: 05/28/1998) | |||
| 1998-05-28 | 33 | 0 | Request for hrg as soon as the matter may be heard after 7/12/98, filed by Icon Health Fitness re: [14-1] motion for preliminary injunction against dft Keys Fitness Prods & Keys Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case (Entered: 05/29/1998) | |||
| 1998-05-28 | 34 | 0 | Minute entry: Args hrd on Key's Motion. Ct grants limited amt of time to complete disc and limits the scope of disc. Mr Laycock to prepare oreder. See order for specifics. Granting in part, denying in part [24-1] motion to extend time to 5/16/98 to resp to appl for prelim inj ; Judge: Ronald N. Boyce Court Reporter: Electronic Court Deputy: Trisha Little (tl) (Entered: 05/29/1998) | |||
| 1998-06-10 | 35 | 0 | Certificate of service by Keys Fitness Prod, Keys Health & Fitnes re: 1st set of interrogs; 1st req for prod/docs; 2nd set of interrogs & 2nd set of req for prod/docs (Entered: 06/12/1998) | |||
| 1998-06-12 | 36 | 0 | Order granting [24-1] motion to extend time to resp to appl for prelim inj w/in 10 days after completion of the limited discovery set forth in this order but no later than 7/17/98, signed by Judge Ronald N. Boyce, 6/12/98 cc: attys (See order in file for details re: discovery) (Entered: 06/15/1998) | |||
| 1998-06-18 | 37 | 0 | Certificate of service by Icon Health Fitness re: pla's obj & rsps to dfts 1st set of rqsts for prod of docs & pla's obj & ans to dfts 1st set of interrogatories. (asb) (Entered: 06/19/1998) | |||
| 1998-06-23 | 38 | 0 | Magistrate Notice of Hearing scheduling conference set for 4:30 7/16/98 To be held before Judge Boyce. cc: atty (ce) (Entered: 06/23/1998) | |||
| 1998-06-29 | 39 | 0 | Minute entry: Mr. Larry Laycock informs the court that 5 of the 8 cases have settled. Settlement papers will be submitted within the next 30 days. Cases that are still pending are Spirit, Key Fitness and Metal Tech. The court sets another status conference for 7/16/98 @ 3:00 p.m. Mr. Laycock will be requesting leave to amend his complaint in about three weeks. The court directs counsel to take up discovery issues with Magistrate Judge Boyce. Discovery dates have been set aside at this time. Depositions that have been scheduled will be reset. status conference set for 3:00 7/16/98 ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 06/29/1998) | |||
| 1998-06-25 | 40 | 0 | Order consolidating cases for pretrial and discovery proceedings incl, if necessary, Markman claim interpretation: this case is lead w/1:97cv00126C and 1:98cv00012C consolidated w/same signed by Judge Ronald N. Boyce, 6/24/98. cc: atty (ce) (Entered: 07/01/1998) | |||
| 1998-07-09 | 41 | 0 | Certificate of service by Keys Fitness Prod's obj(s) & resp(s) to pla's 1st set of interrogs; obj(s) & resp(s) to 1st req for prod/docs; Keys Health & Fitness' obj(s) & resp(s) to pla's 1st set of interrogs; obj(s) & resp(s) to 1st req for prod/docs (Entered: 07/09/1998) | |||
| 1998-07-14 | 42 | 0 | Certificate of service by Icon Health Fitness re: pla's resp(s) & obj(s) to dft's 2nd set of interrogs & pla's resp(s) & obj(s) to dft's 2nd reqs for prod/docs (Entered: 07/15/1998) | |||
| 1998-07-16 | 43 | 0 | Minute entry:, ; Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black. Cnsl present. Motion to amend complaint has been filed. Dft's have 30 days to respond. Pla's will have 15 days to reply. Hearing is set for 9/9/98 at 1:30 p.m. General discovery cut-off is 6/1/99. 4/1/99 for pla's expert reports. 4/20/99 for dft's expert report. 5/20/99 for any supplemental or counter report of expert witnesses. Dispositive motions 7/15/99. Two week jury trial set for 11/1/98. All parties shall be involved with the scheduling of depos. Pretrial 10/13/99 at 3:30 p.m. Pla's to prepare the order. (rb) (Entered: 07/16/1998) | |||
| 1998-07-17 | 44 | 0 | Scheduling order for hearing on '624 Patent sched for 12/17/98. On 8/8/98 ptys will meet to prepare joint claim construction stmt; pla is to subm proposed constructions to dfts by 10/1/98; dfts are to subm proposed constructions to pla by 11/2/98; pla will approve as to form & file the joint stmt w/the Ct by 11/5/98; pla will file mem/supp of claim construction by 11/12/98; dfts' mem/opp is due 11/30/98; pla will file rply by 12/10/98; in preparing memoranda, ptys will follow DUCivR 56-1 (1997) as to form & length (Signed by Judge Tena Campbell, 7/17/98) cc: attys (Entered: 07/20/1998) | |||
| 1998-07-16 | 45 | 0 | Minute entry: Mr. Laycock informs the court that three cases remain involving the above named defendants. The court directs counsel to take up discovery matters with Magistrate Boyce. The court sets a hearing on Keys' motion to dismiss for 8/28/98 @ 3:00 p.m. A Markman hearing is set for 12/17/98 @ 10:00 a.m. Counsel are to meet to begin a Joint Claim Construction Statement on 8/28/98. Plaintiff to send their construction of disputed claims to defendants by 10/1/98. Defendants are to send back to plaintiff their construction of disputed claims by 11/2/98. Plaintiff to approve as to form and file with the court NLT 11/5/98. Plaintiff to file brief by 11/2/98. Memo in opposition to be filed NLT 11/30/98. Plaintiff to file reply NLT 12/10/98. The court directs counsel to follow the rules for summary judgment motions. Motion hearing set for 3:00 8/28/98 for [6-1] motion to dismiss for lack of jurisdiction , miscellaneous hearing set for 10:00 12/17/98 for [43-1] Markman hearing. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 07/23/1998) | |||
| 1998-07-31 | 46 | 0 | AMENDED Scheduling order: On 8/28/98 ptys will meet to prepare jt claim construction stmt; pla to subm proposed constructions by 10/1/98 (no copy to Ct); dfts to subm proposed constructions to pla by 11/2/98; pla will approve as to form & file w/Ct by 11/5/98; pla will file memo/supp of its claim construction by 11/12/98; dfts memo/opp is due 11/30/98; pla to file rply by 12/10/98; ptys to follow rules as to form & length ( Signed by Judge Tena Campbell ) (Entered: 07/31/1998) | |||
| 1998-08-20 | 47 | 0 | Return of service executed re: deposition subpoenas served on Trask, Britt & Rossa, PC and Thomas J. Rossa (jag) (Entered: 08/21/1998) | |||
| 1998-08-26 | 48 | 0 | Objections by Thomas J. Rossa, TRASK BRITT ROSSA [47-1] to deposition & subpoena duces tecum for the production, inspection & copying of certain docs (Entered: 08/27/1998) | |||
| 1998-08-28 | 49 | 0 | Minute entry: After hearing argument from counsel, the court denies motion to dismiss without prejudice. Mr. Philbin may refile motion to dismiss at a later date. denying [14-1] motion for preliminary injunction against dft Keys Fitness Prods & Keys Health & Fitness preventing dfts from further infringement of ICON's patent nos. 5,672,140 & 5,676,624 pending final resolution of all issues in this case ; Judge: Tena Campbell Court Reporter: Jane Hughes Court Deputy: Theresa Brown (tb) (Entered: 08/31/1998) | |||
| 1998-08-28 | 50 | 0 | Declaration of Cliff Koraska Re: (Entered: 08/31/1998) | |||
| 1998-08-28 | 51 | 0 | Objections by Keys Health & Fitnes to pla's evidence (Entered: 08/31/1998) | |||
| 1998-08-31 | 52 | 0 | Order denying [6-1] motion to dismiss for lack of jurisdiction signed by Judge Tena Campbell, 8/28/98 cc: attys (Entered: 09/01/1998) | |||
| 1998-09-14 | 53 | 0 | Stipulation by Icon Health Fitness, Keys Fitness Prod, Keys Health & Fitnes to dismiss all claims asserted against Key Fitness w/prej; to dismiss all claims asserted by Keys Fitness are dism w/o prej; ea pty to bear its own costs (Entered: 09/15/1998) | |||
| 1998-10-05 | 54 | 0 | Motion by Icon Health Fitness to vacate [44-1] Scheduling order relating to the Markman claim interpretation proceedings relative to the '624 patent (jag) (Entered: 10/06/1998) | |||
| 1998-10-07 | 55 | 0 | STIPULATED Protective Order signed by Judge Ronald N. Boyce 10/7/98 cc: attys (see order in file for further details) (Entered: 10/09/1998) | |||
| 1998-10-13 | 56 | 0 | Order granting [0-1] motion for leave to file amd cmp - doc orig filed in 1:97cv00126C) signed by Judge Ronald N. Boyce , 10/13/98 cc:atty (jag) (Entered: 10/14/1998) | |||
| 1998-10-16 | 57 | 0 | Notice of Hearing filed : Motion hearing set for 1:00 11/2/98 for [54-1] motion to vacate [44-1] Scheduling order relating to the Markman claim interpretation proceedings relative to the '624 patent To be held before Judge TC cc: attys (Entered: 10/16/1998) | |||
| 1998-10-16 | 58 | 0 | First Amended complaint by Icon Health Fitness against consolidated dft Spirit Mfg dba Spirit Fitness Prod (reference: 1:97cv00126C) Amends orig cmp in 1:97cv00126C; jury demand (ce) (Entered: 10/19/1998) | |||
| 1998-10-19 | 59 | 0 | Memorandum by Spirit Mfg in opposition to [0-1] motion to stay Markman claim interpretation & related proceedings relative to the '624 patent, pending re-exam by the US Patent & Trademark Office - originally filed in 1:97cv00126, [54-1] motion to vacate [44-1] Scheduling order relating to the Markman claim interpretation proceedings relative to the '624 patent (Entered: 10/19/1998) | |||
| 1998-10-22 | 60 | 0 | Stipulated Protective Order re: confidential information under Rule 26(C) FRCP, signed by Judge Ronald N. Boyce 10/22/98 cc: attys (see order in file for details) (Entered: 10/22/1998) | |||
| 1998-10-22 | 61 | 0 | Judgment of Validity, Enforceability & Infringement for Icon Health Fitness against Metal Tech signed by TC on 10/21/98 cc: attys (see judgment in file for further details) (Entered: 10/22/1998) | |||
| 1998-10-23 | 62 | 0 | Certificate of service by Icon Health Fitness re: Pla's 2nd set of requests for prod of docs and 2nd set of interrogs to dft (no. 15-18) (jag) (Entered: 10/26/1998) | |||
| 1998-11-02 | 63 | 0 | Minute entry: After discussion with counsel, the court grants motion to stay Markman Hearing set for 12/17/98. The court requests briefs be submitted on whether or not all proceedings on the 560 patent go forward or wait until a re-examination from the US Patent Office. Plaintiff to file brief by 11/30/98. Defendant to file memo in opposition by 12/14/98. Plaintiff to reply by 12/21/98. The court sets hearing for 1/6/99 @ 2:30 p.m. on motion to stay all proceedings until re-examination on 560 patent. granting [54-1] motion to vacate [44-1] Scheduling order relating to the Markman claim interpretation proceedings relative to the '624 patent, miscellaneous hearing set for 2:30 1/6/99 for [63-1] miscellaneous ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 11/02/1998) | |||
| 1998-11-02 | 64 | 0 | Answer by Spirit Mfg to amended complaint (Entered: 11/03/1998) | |||
| 1998-11-03 | 65 | 0 | Order granting [0-1] motion to stay Markman claim interpretation & related proceedings relative to the '624 patent, pending re-exam by the US Patent & Trademark Office - originally filed in 1:97cv00126; proceedings shall go forward on the '560 patent, signed by Judge Tena Campbell, 11/2/98 cc: attys (Entered: 11/03/1998) | |||
| 1998-11-19 | 66 | 0 | Answer by Icon Health Fitness to [64-1] Spirit Mfg's counterclaim to pla's 1st amd cmp (Entered: 11/19/1998) | |||
| 1998-11-30 | 67 | 0 | Declaration of Jonathan W. Richards Re: Support of Icon's position to continue discovery and trial proceedings relative to the '560 patent as requested by the court (see document #63) (jag) (Entered: 12/01/1998) | |||
| 1998-11-30 | 68 | 0 | Memorandum by Icon Health Fitness in support of [67-1] declaration and Icon's position to continue discovery and trial proceedings relative to the '560 patent (see document #63) (jag) (Entered: 12/01/1998) | |||
| 1998-12-04 | 69 | 0 | Order granting [0-1] motion to stay Markman claim interpretation & related proceedings relative to the '624 patent, pending re-exam by the US Patent & Trademark Office - originally filed in 1:97cv00126, granting [54-1] motion to vacate [44-1] scheduling order relating to the Markman claim interpretation proceedings relative to the '624 patent; pla is to provdie to dft w/in 10 days, a complete copy of pla's request for re-examination of the '624 patent; miscellaneous hearing on whether to proceed on the '560 patent set for 2:30 1/6/99 for [69-2] relief signed by Judge Tena Campbell, 12/4/98 cc: attys (Entered: 12/07/1998) | |||
| 1998-12-21 | 70 | 0 | Memorandum by Spirit Mfg in opposition to [67-1] declarationi, position to continue discovery & trial proceedings relative to the '560 patent (asb) (Entered: 12/22/1998) | |||
| 1998-12-21 | 71 | 0 | Motion by Icon Health Fitness in limine to strike the evidence & testimony of Calvin B. Thorpe (Entered: 12/22/1998) | |||
| 1998-12-21 | 72 | 0 | Memorandum by Icon Health Fitness in support of [71-1] motion in limine, [71-2] motion to strike the evidence & testimony of Calvin B. Thorpe (Entered: 12/22/1998) | |||
| 1998-12-21 | 73 | 0 | Response by Icon Health Fitness to [63-1] Spirit's opposition of Icon's position to continue discovery & trial proceedings relative to the '560 patent (Entered: 12/22/1998) | |||
| 1998-12-23 | 74 | 0 | Notice of attorney appearance for Spirit Mfg, Spirit Mfg, Spirit Mfg by Todd C. Emerson (Entered: 12/28/1998) | |||
| 1999-01-05 | 75 | 0 | Motion by Spirit Mfg for leave to file supl resp to pla Icon's rply to Spirit's opp of Icon's position to continue discovery & trial proceedings relative to the '560 patent (Entered: 01/06/1999) | |||
| 1999-01-05 | 76 | 0 | Memorandum by Spirit Mfg in opposition to [71-1] motion in limine to strike evidence & testimony of Calvin B. Thorpe (Entered: 01/06/1999) | |||
| 1999-01-06 | 77 | 0 | Certificate of service by Icon Health Fitness re: responses to dfts' 1st set of req for prod of docs and answers to dfts 2nd set of interrogs (jag) Modified on 01/08/1999 (Entered: 01/07/1999) | |||
| 1999-01-06 | 78 | 0 | Minute entry: After hearing argument from counsel, the court takes motion to stay proceedings under advisement. The court stays case until a ruling on this motion has been issued. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 01/07/1999) | |||
| 1999-01-22 | 79 | 0 | Order continuing discovery & pretrial proceedings relative to the '560 patent , dismissing all claims relating to the '624 patent signed by Judge Tena Campbell, 1/21/99 cc: attys (Entered: 01/22/1999) | |||
| 1999-01-21 | 80 | 0 | Motion by Icon Health Fitness to voluntarily dismiss action related to '624 patent w/out prej, or in the alt, to amd the complaint under Rule 15(a) (Entered: 01/22/1999) | |||
| 1999-01-21 | 81 | 0 | Memorandum by Icon Health Fitness in support of [80-1] motion to voluntarily dismiss action related to '624 patent w/out prej, or in the alt, to amd the complaint under Rule 15(a) (Entered: 01/22/1999) | |||
| 1999-01-26 | 82 | 0 | AMENDED Order granting pla's [80-1] motion to voluntarily dismiss action related to '624 patent w/out prej and pla's mot/cont disc & pretrial proceedings relative to the '560 patent is granted signed by Judge Tena Campbell, 1/25/99. cc: atty (ce) Modified on 01/27/1999 (Entered: 01/27/1999) | |||
| 1999-02-08 | 83 | 0 | Notice of Hearing filed: Markman hearing [83-1] set for 2:30 5/26/99 To be held before Judge Tena Campbell cc:atty (Entered: 02/08/1999) | |||
| 1999-03-01 | 84 | 0 | Motion by Icon Health Fitness to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct (jag) (Entered: 03/02/1999) | |||
| 1999-03-01 | 85 | 0 | Memorandum by Icon Health Fitness in support of [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct (jag) (Entered: 03/02/1999) | |||
| 1999-03-01 | 86 | 0 | Declaration of David R. Wright Re: supporting [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct (jag) (Entered: 03/02/1999) | |||
| 1999-03-22 | 87 | 0 | Memorandum by Spirit Mfg in opposition to [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct (Entered: 03/22/1999) | |||
| 1999-03-22 | 88 | 0 | Order scheduling deadlines re Markman proceedings, i.e., 3/19/99-pla to subm proposed claim construction of disputed terms to Spirit; 4/9/99-Spirit subm proposed claim construction of disputed terms to ICON; 4/13/99-ICON files claim construction w/Ct; 4/27/99-ICON files mem/sup of claim construction; 5/14/99-Spirit files mem/opp; 5/24/99-ICON files rply memo; 5/26/99-Markman hrg signed by Judge Tena Campbell, 3/22/99 cc:atty (Entered: 03/23/1999) | |||
| 1999-03-31 | 89 | 0 | Motion by Spirit Mfg to enforce scheduling order , for sanctions re: failure to obey scheduling order (jag) (Entered: 04/02/1999) | |||
| 1999-04-02 | 90 | 0 | Magistrate Notice of Hearing Motion hearing set for 2:00 5/12/99 for [89-1] motion to enforce scheduling order, set for 2:00 5/12/99 for [89-2] motion for sanctions re: failure to obey scheduling order To be held before Judge Boyce cc:atty (Entered: 04/02/1999) | |||
| 1999-04-02 | 91 | 0 | Reply by Icon Health Fitness to response to [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct (jag) (Entered: 04/05/1999) | |||
| 1999-04-02 | 92 | 0 | Request for Ruling/Notice to Submit for decision by plaintiff Icon Health Fitness RE: [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct (jag) (Entered: 04/05/1999) | |||
| 1999-04-07 | 93 | 0 | Notice of Hearing filed: Motion hearing set for 2:30 5/26/99 for [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct To be held before Judge TC cc:atty (Entered: 04/07/1999) | |||
| 1999-04-13 | 94 | 0 | Memorandum RE: Proposed Claim Constructions for the '560 Patent, filed by Icon Health Fitness, Spirit Mfg (Entered: 04/14/1999) | |||
| 1999-04-16 | 95 | 0 | Memorandum by Icon Health Fitness in opposition to [89-1] motion to enforce scheduling order (Entered: 04/19/1999) | |||
| 1999-04-26 | 96 | 0 | Motion and Order signed by Judge Tena Campbell , 4/23/99 . Granting motion /PHV for Attorney: Peter V. Schroeder on behalf of defendant Keys Fitness Prod (Entered: 04/26/1999) | |||
| 1999-04-27 | 97 | 0 | Memorandum by Icon Health Fitness in support of [94-1] memo filed (jag) (Entered: 04/28/1999) | |||
| 1999-04-27 | 98 | 0 | Declaration of Robyn L. Phillips Re: support of [94-1] memo filed regarding proposed claim construction for the disputed terms of the '560 patent (jag) (Entered: 04/28/1999) | |||
| 1999-04-30 | 99 | 0 | Reply by Spirit Mfg to response to [89-1] motion to enforce scheduling order, [89-2] motion for sanctions re: failure to obey scheduling order (Entered: 04/30/1999) | |||
| 1999-05-03 | 100 | 0 | Motion by Icon Health Fitness for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (Entered: 05/04/1999) | |||
| 1999-05-03 | 101 | 0 | Memorandum by Icon Health Fitness in support of [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (Entered: 05/04/1999) | |||
| 1999-05-03 | 102 | 0 | Statement of Uncontroverted Facts and Conclusions of Law in Support of Icon's Motion for Sum/Jgm of Literal Infringement of Claims 1-4 of the '560 Patent, by Icon Health Fitness (Entered: 05/04/1999) | |||
| 1999-05-03 | 103 | 0 | Declaration of Robyn L. Phillips Re: [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (Entered: 05/04/1999) | |||
| 1999-05-07 | 104 | 0 | Minute entry: The court advises counsel in this case of a possible conflict of interest. The court directs counsel to file a motion, within ten days, if they want the court to recuse from this case, or send a letter indicating there is no conflict of interest.; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 05/10/1999) | |||
| 1999-05-19 | 105 | 0 | Memorandum by Spirit Mfg in support of [94-1] Spirit's proposed claim construction for the disputed terms of the '560 patent (Entered: 05/20/1999) | |||
| 1999-05-19 | 106 | 0 | Declaration of Peter V. Schroeder Re: [105-1] claim construction for disputed terms of '560 patent (Entered: 05/20/1999) | |||
| 1999-05-20 | 107 | 0 | NTC of recusal of Judge Tena Campbell and reassignment to Judge Dee Benson. cc: atty (Entered: 05/20/1999) | |||
| 1999-05-20 | 108 | 0 | Certificate of service by Icon Health & Fitnes re: dft's 3rd set of interrogs & resp(s) to dft's 1st set of reqs for adms (Entered: 05/20/1999) | |||
| 1999-05-24 | 109 | 0 | Memorandum RE: [94-1] in further supp of Icon's proposed claim construction for the disputed terms of the '560 Patent, filed by Icon Health & Fitnes (Entered: 05/25/1999) | |||
| 1999-06-10 | 110 | 0 | AMENDED Notice of Hearing filed : Motion hearing re-set for 3:00 7/28/99 for [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct To be held before Judge Dee Benson cc:atty (Entered: 06/10/1999) | |||
| 1999-06-10 | 111 | 0 | Memorandum by Spirit Mfg in opposition to [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (alp) (Entered: 06/10/1999) | |||
| 1999-06-21 | 112 | 0 | Motion by Spirit Mfg to amend [64-1] complaint answer, [64-1] counter claim (mem/sup attached to motion) (Entered: 06/22/1999) | |||
| 1999-06-24 | 113 | 0 | SEALED Reply by Icon Health & Fitnes to response to [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (Entered: 06/25/1999) | |||
| 1999-06-24 | 114 | 0 | SEALED Declaration of Robyn L. Phillips Re: [113-1] Icon's response reply to their motion for sum/jgm (Entered: 06/25/1999) | |||
| 1999-07-06 | 115 | 0 | Memorandum by Icon Health & Fitnes in opposition to [112-1] motion to amend [64-1] complaint answer, [64-1] counter claim (Entered: 07/07/1999) | |||
| 1999-07-06 | 116 | 0 | Declaration of Robyn L. Phillips Re: [115-1] opposition memorandum (Entered: 07/07/1999) | |||
| 1999-07-13 | 117 | 0 | Notice of Hearing filed : Motion hearing set for 2:00 8/18/99 for [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct, set for 2:00 8/18/99 for [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent , striking [110-1] notice hearing Motion hearing re-set for 3:00 7/28/99 for [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct, [110-2] notice hearing To be held before Judge DB cc:atty (Entered: 07/13/1999) | |||
| 1999-07-15 | 118 | 0 | AMENDED Notice of Hearing filed : Motion hearing set for 2:00 8/18/99 for [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct, set for 2:00 8/18/99 for [112-1] motion to amend [64-1] complaint answer, [64-1] counter claim To be held before Judge DB cc:atty (Motion to Amend Answer added to hearing) (Entered: 07/15/1999) | |||
| 1999-07-26 | 119 | 0 | Reply by Spirit Mfg to response to [112-1] motion to amend [64-1] complaint answer, [64-1] counter claim (Entered: 07/27/1999) | |||
| 1999-07-28 | 120 | 0 | AMENDED Notice of Hearing filed : Motion hearing set for 3:00 9/28/99 for [84-1] motion to dismiss dft's affirmative defense and counterclaim of alleged inequitable conduct, set for 3:00 9/28/99 for [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent, set for 3:00 9/28/99 for [112-1] motion to amend [64-1] complaint answer, [64-1] counter claim To be held before Judge DB cc:atty (Entered: 07/28/1999) | |||
| 1999-08-04 | 121 | 0 | Motion by Spirit Mfg to strike [113-1] response reply (alp) (Entered: 08/04/1999) | |||
| 1999-08-20 | 122 | 0 | Memorandum by Icon Health & Fitnes in opposition to [121-1] motion to strike [113-1] response reply (Entered: 08/23/1999) | |||
| 1999-09-28 | 123 | 0 | Minute entry: After arguments were heard Crt ruled: granting [112-1] motion to amend [64-1] complaint answer, [64-1] counter claim, denying [84-1] motion to dismiss dft's affirmative defense and of alleged inequitable conduct, [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent taken under advisement. Dft will have until 10/20/99 to file furhter briefing on the issues discussed in Court. Pla will have two weeks to reply. Cnsl for the dft to prepare the order. Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 10/01/1999) | |||
| 1999-10-08 | 124 | 0 | Motion by Spirit Mfg to compel pla Icon Health to produce docs & things in resp to Spirit's req for inspection and for an award of Spirit's reasonable expenses incurred in copying & reviewing records, incl atty's fees (Entered: 10/12/1999) | |||
| 1999-10-13 | 125 | 0 | Motion by Spirit Mfg to compel pla Icon Health & Fitness to provide a complete ans in resp to interrog #14 , for reasonable expenses incurred, including attorney fees (asb) (Entered: 10/13/1999) | |||
| 1999-10-14 | 126 | 0 | Amended Answer to Complaint by Spirit Mfg: amends [64-1] amended complaint answer, [66-1] counterclaim (Entered: 10/15/1999) | |||
| 1999-10-25 | 127 | 0 | Response by Spirit Mfg to [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (Entered: 10/26/1999) | |||
| 1999-10-25 | 128 | 0 | Memorandum by Icon Health & Fitnes in opposition to [125-1] motion to compel pla Icon Health & Fitness to provide a complete ans in resp to interrog #14, [125-2] motion for reasonable expenses incurred, including attorney fees (Entered: 10/26/1999) | |||
| 1999-10-25 | 129 | 0 | Declaration of L. David Griffin Re: [128-1] opposition memorandum to Spirit's motion to compel prod/docs (Entered: 10/26/1999) | |||
| 1999-10-29 | 130 | 0 | Memorandum by Icon Health & Fitnes in opposition to [125-1] motion to compel pla Icon Health & Fitness to provide a complete ans in resp to interrog #14, [125-2] motion for reasonable expenses incurred, including attorney fees (Entered: 11/01/1999) | |||
| 1999-10-29 | 131 | 0 | Certificate of service [130-0] proposed document served on dft, by Icon Health & Fitnes (Entered: 11/02/1999) | |||
| 1999-11-03 | 132 | 0 | Reply by Icon Health & Fitnes to Spirit's supl response in opp to [100-1] Icon's motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent (Entered: 11/04/1999) | |||
| 1999-11-09 | 133 | 0 | Response by Icon Health & Fitnes to [126-1] Spirit's first amd answer & counterclaim (Entered: 11/10/1999) | |||
| 1999-11-15 | 134 | 0 | Reply by Spirit Mfg to response to [124-1] motion to compel pla Icon Health to produce docs & things in resp to Spirit's req for inspection and for an award of Spirit's reasonable expenses incurred in copying & reviewing records, incl atty's fees (Entered: 11/16/1999) | |||
| 1999-11-17 | 135 | 0 | Reply by Spirit Mfg to response to [125-1] motion to compel pla Icon Health & Fitness to provide a complete ans in resp to interrog #14, [125-2] motion for reasonable expenses incurred, including attorney fees (Entered: 11/18/1999) | |||
| 1999-11-22 | 136 | 0 | Memorandum by Icon Health & Fitnes in opposition to [127-1] cross motion for summary judgment of non-infringement re '560 Patent (asb) (Entered: 11/24/1999) | |||
| 1999-11-22 | 137 | 0 | Declaration of L. David Griffin Re: [136-1] opposition memorandum to cross-motion for sum jgm (asb) (Entered: 11/24/1999) | |||
| 1999-12-13 | 138 | 0 | Reply by Spirit Mfg to response to [127-1] cross motion for summary judgment of non-infringement re '560 Patent (Entered: 12/14/1999) | |||
| 2000-01-03 | 139 | 0 | Memorandum Decision denying [80-1] motion to voluntarily dismiss action related to '624 patent w/out prej, or in the alt, to amd the complaint under Rule 15(a), denying [89-1] motion to enforce scheduling order, denying [89-2] motion for sanctions re: failure to obey scheduling order, granting [100-1] motion for summary judgment of Literal Infringement of Claims 1-4 of the '560 Patent, granting [112-1] motion to amend [64-1] complaint answer, [64-1] counter claim, denying [121-1] motion to strike [113-1] response reply, granting in part, denying in part [127-1] cross motion for summary judgment of non-infringement re '560 Patent signed by Dee Benson, 12/30/99 cc:atty (See order in file for details. Order is 47 pages, plus mailing certificate.) (Entered: 01/03/2000) | |||
| 2000-01-03 | 140 | 0 | Order of Reference pursuant to 636(b)(1)(A) signed by Dee Benson 1/3/00. Mag judge directed to hear & determine any nondispositive pretrial matters pending before the Court. (Entered: 01/03/2000) | |||
| 2000-01-05 | 141 | 0 | Case referred to Judge Ronald N. Boyce cc: atty (ce) (Entered: 01/05/2000) | |||
| 2000-01-06 | 142 | 0 | Notice of Hearing filed : Motion hearing set for 2:00 1/19/00 for [124-1] motion to compel pla Icon Health to produce docs & things in resp to Spirit's req for inspection and for an award of Spirit's reasonable expenses incurred in copying & reviewing records, incl atty's fees To be held before Judge RNB cc:atty ( Ntc generated by: Chambers) (Entered: 01/06/2000) | |||
| 2000-01-07 | 143 | 0 | AMENDED Magistrate Notice of Hearing Motion hearing set for 2:00 1/19/00 for [124-1] motion to compel pla Icon Health to produce docs & things in resp to Spirit's req for and for an award of Spirit's reasonable expenses incurred in copying & reviewing records, incl atty's fees To be held before Judge Boyce cc:atty ( Ntc generated by: Chambers RNB) (Entered: 01/07/2000) | |||
| 2000-02-08 | 144 | 0 | Motion by Icon Health & Fitnes to enforce settlement agreement (Entered: 02/09/2000) | |||
| 2000-02-08 | 145 | 0 | SEALED Memorandum by Icon Health & Fitnes in support of [144-1] motion to enforce settlement agreement (Entered: 02/09/2000) | |||
| 2000-02-08 | 146 | 0 | SEALED Declaration of DAvid R. Wright IN SUPPORT Re: [144-1] motion to enforce settlement agreement (Entered: 02/09/2000) | |||
| 2000-02-28 | 147 | 0 | SEALED DOCUMENT (Entered: 02/29/2000) | |||
| 2000-03-06 | 148 | 0 | SEALED Reply by Icon Health & Fitnes to response to [144-1] motion to enforce settlement agreement (Entered: 03/07/2000) | |||
| 2000-03-20 | 149 | 0 | Motion by Icon Health & Fitnes to dismiss Spirit w/prej Modified on 03/27/2000 (Entered: 03/20/2000) | |||
| 2000-03-24 | 150 | 0 | Order granting [149-1] motion to dismiss Spirit w/prej; all claims, counterclaims, demands, causes of action and defenses that Spirit has asserted or could have asserted are dism w/prej; ea pty will bear its own costs & atty's fees; signed by Chief Judge Dee Benson , 3/23/00 cc:atty (Entered: 03/27/2000) | |||
| 2001-03-13 | 151 | 0 | Order administratively closing this case. Case may be reopened upon motion of pla(s) or dft(s) signed by Chief Judge Dee Benson, 3/12/01 cc:atty (alt) (Entered: 03/13/2001) | |||
| 2001-04-12 | 152 | 0 | Order to Show Cause signed by Chief Judge Dee Benson . 4/11/01. Plaintiffs are directed to respond in writing within 15 days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. cc: atty (ce) (Entered: 04/12/2001) | |||
| 2001-04-24 | 153 | 0 | JOINT Response by Keys Fitness Prod, Icon Health & Fitnes to [152-1] order to show cause & stip motion for entry of order of dismissal (Entered: 04/25/2001) | |||
| 2001-04-27 | 154 | 0 | Order that all claims, demands, causes of action and defenses that Icon has asserted or could have asserted against Keys up to and until 9/14/98, the date the stip of dism was filed with the Court are dism w/prej; all claims asserted by Keys are dism w/out prej; ea pty to bear its own costs of court signed by Chief Judge Dee Benson , 4/27/01 cc:atty (Entered: 04/30/2001) |