Case docket: Newell Operating Co. v. Linzer Prod Corp

Case details

Court:	wied
Docket #:	2:98-cv-00864
Case Name:	Newell Operating Co. v. Linzer Prod Corp
PACER case #:	25713
Date filed:	1998-09-02
Date terminated:	2001-01-25
Assigned to:	Judge Charles N Clevert, Jr
Case Cause:	35:271 Patent Infringement
Nature of Suit:	830 Patent
Jury Demand:	Plaintiff
Jurisdiction:	Federal Question

Parties

Represented Party

Attorney & Contact Info

Newell Operating Co
Plaintiff
doing business asEZ Paintr Company

Christopher B Schneider
Schiff Hardin & Waite
Sears Tower
233 S Wacker Dr - Ste 6600
Chicago, IL 60606-6473
312-258-5500
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael L Brody
Winston & Strawn LLP
35 W Wacker Dr
Chicago, IL 60601-9703
312-558-5600
Fax: 312-558-5700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul Bargren
Foley & Lardner LLP
777 E Wisconsin Ave
Milwaukee, WI 53202-5300
414-297-5537
Fax: 414-297-4900
Email: pbargren@foley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ronald M Wawrzyn
Foley & Lardner LLP
777 E Wisconsin Ave
Milwaukee, WI 53202-5300
414-297-5548
Fax: 414-297-4900
Email: rwawrzyn@foley.com
TERMINATED: 11/09/1999
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Taras Gracey
Winston & Strawn LLP
35 W Wacker Dr
Chicago, IL 60601-9703
312-558-5600
Fax: 312-558-5700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Linzer Products Corporation
Defendant

Gerald J Flintoft
Pennie & Edmonds
1155 Ave of the Americas - 22nd Fl
New York, NY 10036
212-790-9090
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John E Flanagan
Michael Best & Friedrich LLP
100 E Wisconsin Ave - Ste 3300
Milwaukee, WI 53202-4108
414-533-3033
Fax: 801-350-9010
Email: jflanagan@padrm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Keith Walter
Pennie & Edmonds
1155 Ave of the Americas - 22nd Fl
New York, NY 10036
212-790-9090
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen J Harbulak
Pennie & Edmonds
1155 Ave of the Americas - 22nd Fl
New York, NY 10036
212-790-9090
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
1998-09-02	1	0		COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Callahan (ers, )
1998-09-02	2	0		CERTIFICATE OF INTEREST by plaintiff Newell Operating Co. (ers, )
1998-09-18	3	0		STIPULATION by plaintiff, defendant that Linzer Products Corp shall have an extension of 30 days to 10/23/98 to serve its answer or otherwise plead in this matter. The Parties also agree to serve on or before 10/23/98, the form concerning whether the party consents or not to proceed before a U.S. Magistrate Judge. (ers, )
1998-09-21	4	0		ORDER by Judge Charles N. Clevert That Deft Linzer Products Corp shall have an extension of 30 days to 10/23/98 to serve its answer or otherwise plead (cc: all counsel) (ers, ) (Entered: 09/22/1998)
1998-09-21	5	0		ATTORNEY APPEARANCE for defendant Linzer Prod Corp by John E. Flanagan (ers, ) (Entered: 09/22/1998)
1998-09-23	6	0		REFUSAL to Consent to Proceed before Magistrate Judge by defendant Linzer Prod Corp (ers, )
1998-10-13	7	0		REFUSAL to Consent to Proceed before Magistrate Judge by plaintiff Newell Operating Co. (ers, )
1998-10-23	8	0		ANSWER & COUNTERCLAIMS by defendant Linzer Prod Corp to [1-1] (ers, ) (Entered: 10/26/1998)
1998-10-23	9	0		CERTIFICATE OF INTEREST by defendant Linzer Prod Corp (ers, ) (Entered: 10/26/1998)
1998-10-23	10	0		CERTIFICATE Of Service (ers, ) (Entered: 10/26/1998)
1998-11-06	11	0		NOTICE of by the Court ; telephonic scheduling conference set for 8:30 1/12/99 Joint Status report due 1/5/99 (cc: all counsel) (ers, ) (Entered: 11/09/1998)
1998-11-12	12	0		ANSWER TO COUNTERCLAIM by pltf Newell Operating Co (hmv, ) (Entered: 11/13/1998)
1999-01-06	13	0		JOINT STATUS REPORT by plaintiff Newell Operating Co., defendant Linzer Prod Corp (ers, ) (Entered: 01/07/1999)
1999-01-06	14	0		CERTIFICATE Of Service (ers, ) (Entered: 01/07/1999)
1999-01-06	15	0		MOTION by defendant Linzer Prod Corp FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT (ers, ) (Entered: 01/07/1999)
1999-01-06	16	0		BRIEF by defendant Linzer Prod Corp in support of motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT Of US PATENT NO. 5,195,242 [15-1] SEALED (ers, ) (Entered: 01/07/1999)
1999-01-06	17	0		STATEMENT OF PROPOSED FINDINGS OF MATERIAL FACTS IN SUPPORT OF DEFTS MOTION FOR SUMMARY JUDGMENT by defendant Linzer Prod Corp SEALED (ers, ) (Entered: 01/07/1999)
1999-01-06	18	0		DECLARATION by defendant by Chandra Sekar In Support of Defts Motion for Summary Judgment of Non-Infringement SEALED (ers, ) (Entered: 01/07/1999)
1999-01-06	19	0		DECLARATION by defendant by Norman Stewart in support of Deft's motion for Summary Judgment of Non-Infringement SEALED (ers, ) (Entered: 01/07/1999)
1999-01-06	20	0		DECLARATION by defendant of Stephen J. Harbulak in support of Deft Linzer's Motion for Summary Judgment of Non-Infringement w/ attached Exhibits A-H (ers, ) Modified on 03/29/2000 (Entered: 01/07/1999)
1999-01-07	21	0		ORDER by Judge Charles N. Clevert Approving Stipulated Protective Order w/ Exception. Information deemed confidential & used in depositions, briefs & affidavits & other documents filed w/ or submitted to the Court shall be accompanied by a request that this court seal the document containing such information. (cc: all counsel) (ers, ) (Entered: 01/08/1999)
1999-01-11	22	0		MOTION by defendant Linzer Prod Corp TO BIFURCATE & A SEPARATE TRIAL , and TO STAY OF RELATED DISCOVERY ON THE ISSUES OF DAMAGES, WILFULNESS & THE COUNTERCLAIMS, PARTICULARLY ANTITRUST, UNFAIR COMPETITION, PATENT MISUSE, ETC. w/ attached Exhibit A (ers, ) (Entered: 01/12/1999)
1999-01-11	23	0		DECLARATION Of Norman Stewart In Support of Defendant Linzer's Motion for Summary Judgment of Noninfringement CONFIDENTIAL & SEALED - IN JUDGES FILE (ers, ) (Entered: 01/12/1999)
1999-01-11	24	0		CERTIFICATE Of Service (ers, ) (Entered: 01/12/1999)
1999-01-14	25	0		ORIGINAL Document - Copies of the U.S.P.Q cites contained in the memorandum in Support of Defts Motion for Bifurcation & a separate Trial & a Stay of Related Discovery on the issues of Damages, Willfulness & the Counterclaims, Particularly Antitrust, Unfair Competition, Patent Missuse etc filed w/ the Court on 1/11/99 (ers, )
1999-01-18	26	0		RESPONSE To This Court's Request Regarding Designation of Portions of Documents Confidential by defendant Linzer Prod Corp w/ Exhibit A CONFIDENTIAL & SEALED (ers, ) Modified on 01/19/1999 (Entered: 01/19/1999)
1999-01-18	27	0		DECLARATION Of Norman Stewart In Support of Deft Linzer's Motion for Summary Judgment of Non Infringement SEALED & CONFIDENTIAL. Also filed REDACTED COPY (NOT SEALED) (ers, ) (Entered: 01/19/1999)
1999-01-18	28	0		STATEMENT of Proposed Findings of Material Facts In Support of Defts Linzer's Motion for Summary Judgment of Non-Infringement -CONFIDENTIAL & SEALED & READACTED COPY filed (NOT SEALED) (ers, ) Modified on 03/29/2000 (Entered: 01/19/1999)
1999-01-18	29	0		DECLARATION Of Chandra Sekar In Support of Deft's Motion for Summary Judgment of Non-Infringement - SEALED & CONFIDENTIAL - & REDACTED COPY filed (NOT SEALED) (ers, ) (Entered: 01/19/1999)
1999-01-18	30	0		BRIEF by defendant Linzer Prod Corp in support of Defts Motion for Summary Judgment of Non-Infringement of US Patent No. 5,195,242 SEALED & CONFIDENTIAL & REDACTED COPY filed (NOT SEALED) (ers, ) Modified on 03/29/2000 (Entered: 01/19/1999)
1999-01-21	31	0		ORDER by Judge Charles N. Clevert ; pretrial conference set for 8:30 2/17/00 ; jury trial set for 8:30 3/20/00 ; status hearing held 1/21/99 That a Joint Discovery Plan be filed on or before 1/25/99. That Pltf respond to Deft's summary judgment on or before 3/15/99 & Defts reply shall be filed on on or before 3/29/99. Joint Final Pretrial report by 2/4/00. All motions in limine by 1/24/00 (cc: all counsel) (ers, ) (Entered: 01/25/1999)
1999-01-06	32	0		STIPULATION For Entry of Protective Order by plaintiff, defendant (ers, ) (Entered: 01/25/1999)
1999-01-25	33	0		JOINT DISCOVERY PLAN by plaintiff Newell Operating Co. (ers, ) Modified on 03/22/2000 (Entered: 01/26/1999)
1999-02-01	34	0		BRIEF by plaintiff EZ's (a division of Newell) Newell Operating Co. in opposition to motion TO BIFURCATE & A SEPARATE TRIAL [22-1], to motion TO STAY OF RELATED DISCOVERY ON THE ISSUES OF DAMAGES, WILFULNESS & THE COUNTERCLAIMS, PARTICULARLY ANTITRUST, UNFAIR COMPETITION, PATENT MISUSE, ETC. [22-2] w/ attached Exhibit A & B (ers, ) (Entered: 02/02/1999)
1999-02-04	35	0		ORDER by Judge Charles N. Clevert Approving Joint Discovey Plan. The parties are to exchange Rule 30(b)(6) notices by 4/15/99. The parties are to exchange Rule 30 (b)(6) designations by 4/30/99. The parties are to exchange Supplemental Rule 30(b)(6) notices by 8/16/99. The parties are to exchange Supplemental Rule 30 (b)(6) designations by 8/30/99. The parties are to exchange expert designations by 10/15/99. Fact discovery is to conclude by 11/5/99. The parties are to designate rebuttal experts by 11/5/99. The parties are to file all dispositive motions & MARKMAN materials nolater than 11/12/99. The parties are to exchange Rule 26 expert reports by 11/15/99. The parties are to exchange rebuttal reports by 12/6/99. The parties are to complete all briefing by 12/17/99 & Expert depositions are to be concluded by 1/14/2000 (cc: all counsel) (ers, )
1999-02-16	36	0		REPLY BRIEF by defendant in support of motion TO BIFURCATE & A SEPARATE TRIAL [22-1], motion TO STAY OF RELATED DISCOVERY ON THE ISSUES OF DAMAGES, WILFULNESS & THE COUNTERCLAIMS, PARTICULARLY ANTITRUST, UNFAIR COMPETITION, PATENT MISUSE, ETC. [22-2] (ers, ) (Entered: 02/17/1999)
1999-03-17	37	0		EXHIBITS by plaintiff Newell Operating Co. (EZ Paintr's) In Opposition to Linzer's motion for Summary Judgment. VOLUME 1 - ONLY Exhibits 1,2,3,5 & 8 FILED UNDER SEAL pursuant to Order of 1/6/99 (ers, ) Modified on 03/18/1999 (Entered: 03/18/1999)
1999-03-17	38	0		EXHIBITS by plaintiff Newell Operating Co. (EZ Paintr) In Opposition to Linzer's Motion for Summary Judgment - VOLUME II w/ attached Declaration of Bruce Polzin - FILED UNDER SEAL (ers, ) Modified on 03/18/1999 (Entered: 03/18/1999)
1999-03-17	39	0		EXHIBITS by plaintiff Newell Operating Co. (EZ Paintr) In Opposition to Linzer's Motion for Summary Judgment (1-28) - VOLUME III (ers, ) (Entered: 03/18/1999)
1999-03-18	40	0		EXHIBITS (Summary Judgment) 1,2,3,5,8 by plaintiff Newell Operating Co. (EZ Paintr) FILED UNDER SEAL pursuant to Order of 1/6/99 (ers, )
1999-03-18	41	0		BRIEF by plaintiff Newell Operating Co. (EZ Paintr) in opposition to Linzer's motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT [15-1] CONFIDENTIAL & SEALED (ers, )
1999-03-18	42	0		RESPONSE by plaintiff Newell Operating Co. (EZ Paintr) to Statement of Proposed Findings of Material Facts In Support of Deft Linzer's motion for Summary judgment of Non-Infringement CONFIDENTIAL & SEALED (ers, )
1999-03-17	43	0		ORDER by Judge Charles N. Clevert EXTENDING BRIEFING OF MOTION FOR SUMMARY JUDGMENT. That Pltf shall respond to Deft Linzer Products Corp's Summary Judgment motion on or before 3/17/99 & Deft 's reply shall be filed on or before 3/31/99 (cc: all counsel) (ers, ) Modified on 03/24/1999 (Entered: 03/18/1999)
1999-03-29	44	0		MOTION by defendant Linzer Prod Corp FOR EXTENSION IN RESPONDING TO DEFTS REPLY ON SUMMARY JUDGMENT MOTION (ers, ) (Entered: 03/30/1999)
1999-04-02	45	0		MOTION by defendant Linzer Prod Corp FOR ORDER TO ALLOW DEFTS REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT & LINZER'S REPLY TO EZ PAINTR'S RESPONSE TO STATEMENT OF PROPOSED FINDINGS OF MATERIAL FACTS TO BE FILED UNDER SEAL (ers, ) (Entered: 04/05/1999)
1999-04-02	46	0		REPLY by defendant Linzer Prod Corp to EZ Paintr's Response to Statement of Proposed Findings of Material Facts In Support of Deft Linzer's Motion for Summary Judgment of Non-Infringement UNSEALED 8/17/99 (ers, ) Modified on 08/17/1999 (Entered: 04/05/1999)
1999-04-02	47	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT of Patent No. 5,195,242 [15-1] UNSEALED 8/17/99 (ers, ) Modified on 08/17/1999 (Entered: 04/05/1999)
1999-04-02	48	0		SUPPLEMENTAL DECLARATION Of Chandra Sekar In Support of Linzer's Motion for Summary Judgment of Non-Infringement w/ attached Exhibits (ers, ) (Entered: 04/05/1999)
1999-04-02	49	0		CERTIFICATE Of Service (ers, ) (Entered: 04/05/1999)
1999-04-02	50	0		ORDER by Judge Charles N. Clevert That Deft Linzer Products shall serve & file its reply on its pending Summary Judgment Motion on or before 4/2/99 & Defts Reply Memorandum may be but not exceed 17 pages (cc: all counsel) (ers, ) (Entered: 04/05/1999)
1999-04-05	51	0		REPLY by defendant Linzer Prod Corp to EZ Paintr's Response to Statement of Proposed Findings of Material Facts in Support of Deft Linzer's Motion for Summary Judgment for Summary Judgment of non-Infringement CONFIDENTIAL & SEALED - IN JUDGES FILE (ers, )
1999-04-05	52	0		REPLY BRIEF by defendant in support of motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT Of US PATENT NO. 5,195,242 SEALED & CONFIDENTIAL - IN JUDGES FILE [15-1] (ers, )
1999-04-05	53	0		SUPPLEMENTAL DECLARATION by defendant of Chandra Sekar In Support of Linzer's Motion for Summary Judgment of Non-Infringement w/ attached exhibits A-J (ers, )
1999-04-05	54	0		EXHIBITS by defendant Linzer Prod Corp to Reply Memorandum in support of Defts Motion for summary judgment of Non-Infringement of U.S. Patent No. 5,195,242 w/ attached Exhibits A-M. Exhibit K UNDER SEAL. PHYSICAL EXHIBITS A-E IN JUDGES FILE (CONSISTING OF PAINT ROLLERS ETC) Exhibit A & B consists of PAINT ROLLER & TRAY (ers, ) Modified on 04/06/1999
1999-04-05	55	0		EXHIBITS K by defendant Linzer Prod Corp To Reply Memorandum In Support of Defts Motion for Summary Judgment of Non-Infringement of US Patent No. 5,195,242 FILED UNDER SEAL (ers, )
1999-04-07	56	0		REQUEST by defendant Linzer Prod Corp for Oral Argument on its Motion for Summary Judgment of Non-Infringement (ers, )
1999-04-09	57	0		NOTICE & SUBMISSION OF SIGNIFICANT DECISION IN RELATED ACTION by defendant Linzer Prod Corp w/ attached Exhibits A, B, & C (ers, ) (Entered: 04/12/1999)
1999-05-12	58	0		NOTICE of hearing by the Court ; status hearing set for 9:30 7/8/99 (cc: all counsel) (ers, ) (Entered: 05/13/1999)
1999-04-26	59	0		LETTER from defendant with attached docket sheet and decision from the Northern District of Ohio decision in Wooster Brush Co. v. Newell Operating Company. (wied, ) (Entered: 07/02/1999)
1999-07-02	60	0		NOTICE by plaintiff & Submission of Supplemental Authority Relating to Linzer's Motion for Summary Judgment w/ attachments A-C (ers, ) (Entered: 07/06/1999)
1999-07-09	61	0		ORIGINAL Document - Newell's additional submission regarding the collateral estoppel issue (faxed) (ers, )
1999-07-09	62	0		DECISION AND ORDER: by Judge Charles N. Clevert denying w/o prejudice motion FOR ORDER TO ALLOW DEFTS REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT & LINZER'S REPLY TO EZ PAINTR'S RESPONSE TO STATEMENT OF PROPOSED FINDINGS OF MATERIAL FACTS TO BE FILED UNDER SEAL [45-1], denying motion TO BIFURCATE & A SEPARATE TRIAL [22-1], denying motion TO STAY OF RELATED DISCOVERY ON THE ISSUES OF DAMAGES, WILFULNESS & THE COUNTERCLAIMS, PARTICULARLY ANTITRUST, UNFAIR COMPETITION, PATENT MISUSE, ETC. [22-2] (cc: all counsel) (ers, ) (Entered: 07/12/1999)
1999-07-09	63	0		DECISION AND ORDER: by Judge Charles N. Clevert denying motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT [15-1] (cc: all counsel) (ers, ) (Entered: 07/12/1999)
1999-08-04	64	0		STIPULATION Of Uncontested Claims by plaintiff Newell Operating Co. (ers, )
1999-07-29	65	0		PROPOSED Stipulated Order Revising Order of 1//21/99 setting dates for Pretrial Conference, Trial & Other Matters & Revising Joint Discovery Plan of 2/99 submitted by plaintiff, defendant (ers, ) (Entered: 08/13/1999)
1999-08-16	66	0		ORDER by Judge Charles N. Clevert ; pretrial conference set for 8:30 4/18/00 ; jury trial set for 8:30 5/22/00 Dismissing Counts 5, 6, & 7 of Defts counterclaim w/o prejudice, Order Unsealing Linzer's reply to EZ Paintr's response to statement of proposed Findings of Material Fact in support of motion for Summary Judgment of Non-Infringement. Order Unsealing Linzer's reply in support of its motion for summary Judgment on non-infringement of U.S. Patent No. 5,195,242. Joint Final Pretrial report due 4/5/00. By 5/17/00 Joint Voir Dire & Jury Instructions due on a computer disk. All motions in limine shall be filed on or before 3/24/00. That the 2/4/99 Joint Discovery Plan is revised. See for details. (cc: all counsel) (ers, ) (Entered: 08/17/1999)
1999-08-18	67	0		TRANSCRIPT filed of the Motion hearing held on 7/8/99 in Milwaukee before Judge Clevert (ers, )
1999-08-18	68	0		TRANSCRIPT filed of the Decision on Motion held on 7/9/99 before Judge Clevert (ers, )
1999-08-18	69	0		NOTICE by plaintiff Newell Operating Co. WITHDRAWS from the Court's consideration the stipulation of Uncontested Claims, In place of this withdrawn stipulation, the parties have agreed to a stipulation of Dismissal of Infringement Claims & Counterclaims which is being filed simultaneously w/ this withdrawal (ers, )
1999-10-13	70	0		LETTER from defendant Linzer Prod Corp by Atty Walter requesting that the Court approve defts Proposed Order granting Partial Summary Judgment of Non-Infringement (ers, ) (Entered: 10/14/1999)
1999-11-08	71	0		LETTER from plaintiff by Atty Bargren saying that all correspondence in this case should be directed to Atty Paul Bargren, not Ronald Wawrzyn. (ers, ) (Entered: 11/09/1999)
1999-12-10	72	0		JOINT STIPULATION to amend the scheduling order by plaintiff, defendant (hmv, ) (Entered: 12/13/1999)
1999-12-13	73	0		LETTER from defendant Linzer Prod Corp requesting that the court amend the secheduling order pursuant to the stipulation of the parties filed 12/10/99 (PHOTOCOPY) (tlf, ) (Entered: 12/14/1999)
1999-12-20	74	0		ORDER by Judge Charles N. Clevert ; fact discovery ddl set for 2/7/00 ; motion filing ddl & MARKMAN materials no later than 2/14/00 That the parties shall exchange expert designations by 1/24/00. That parties shall designate rebuttal experts by 2/7/00. That parties shall exchange Rule 26 expert reports by 2/18/00. That the parties shall exchange rebuttal reports by 3/6/00. That the parties shall complete all briefing by 3/20/00. That expert depositions shall be concluded by 3/31/00. That all other dates previously entered by this Court shall remain in effect, including the trial date of 5/22/00 (cc: all counsel) (ers, ) (Entered: 12/21/1999)
2000-01-19	75	0		MOTION by plaintiff FOR PROTECTIVE ORDER w/ attachments (ers, )
2000-01-26	76	0		MOTION by plaintiff by Atty Tara A. Gracey TO SEAL Requesting that the Court Seal Page 9 & the First Word on Page 10 of the previously-filed motion & Brief in Support for Entry of Protective Order & make Public the enclosed redacted page 9 & 10 of the Motion & Brief in support for Entry of protective Order. Also submitted are the pages of deposition transcripts that were referenced in footnotes 2 & 3 of Pltfs Motion & Brief in Support for Entry of protective Order. These deposition pages are being submitted to this Court under Seal. ( SEALED & IN JUDGES FILE) * UNSEALED PER ORDER DATED 2/25/00 - DOC # 106 * (ers, ) Modified on 03/02/2000 (Entered: 01/27/2000)
2000-01-27	77	0		HEARING MINUTES: by Judge Charles N. Clevert denying motion TO SEAL pages of its motion to seal [76-1], granting motion FOR PROTECTIVE ORDER w/ the exception that Deft is Granted eave to depose K-Mart [75-1] Court Reporter: Cindy Bohman (ers, ) (Entered: 02/01/2000)
2000-02-11	78	0		LETTER from plaintiff by Atty Gracey w/ attached Proposed Order re: Motion for Protective Order (ers, ) (Entered: 02/14/2000)
2000-02-14	79	0		MOTION by plaintiff FOR A ONE-DAY EXTENSION OF TIME TO FILE DISPOSITIVE MOTION & MARKMAN BRIEFING (ers, ) (Entered: 02/15/2000)
2000-02-14	80	0		MOTION by defendant Linzer Prod Corp FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO. 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION (ers, ) (Entered: 02/15/2000)
2000-02-14	81	0		MOTION by defendant Linzer Prod Corp TO FILE MEMORANDUM IN SUPPORT OF LINZER'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION UNDER SEAL (ers, ) (Entered: 02/15/2000)
2000-02-14	82	0		BRIEF by defendant Linzer Prod Corp in support of motion TO FILE MEMORANDUM IN SUPPORT OF LINZER'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION UNDER SEAL [81-1] SEALED (ers, ) (Entered: 02/15/2000)
2000-02-14	83	0		BRIEF FILED In Support of its Markman Claim Interpretation of Claim 8 of U.S. Patent No. 5,195,242 by defendant Linzer Prod Corp (ers, ) (Entered: 02/15/2000)
2000-02-14	84	0		BRIEF FILED In Support of its Motion for Summary Judgment of Invalidity of Claims 8-11 of U.S. Patent No. 5,195,242 to Sekar Under 35 U.S.C. 112 by defendant Linzer Prod Corp (ers, ) (Entered: 02/15/2000)
2000-02-14	85	0		STATEMENT of Proposed Findings of Material Facts In Support of Deft's Linzer's Motion for Summary Judgment of Invalidity of claims 8-11 of U.S. patent No 5,195,242 to Sekar Under 35 U.S.C. 112 by defendant Linzer Prod Corp (ers, ) (Entered: 02/15/2000)
2000-02-14	86	0		DECLARATION Of Anthony J. Berejka w/ attachments 1-5 (ers, ) (Entered: 02/15/2000)
2000-02-14	87	0		DECLARATION Of Carl E. Gulbrandsen (ers, ) (Entered: 02/15/2000)
2000-02-14	88	0		DECLARATION Of Wayne D. Milestone w/ attachment 1 (ers, ) (Entered: 02/15/2000)
2000-02-14	89	0		DECLARATION Of Aaron M. Levine VOLUME ONE (ers, ) (Entered: 02/15/2000)
2000-02-14	90	0		DECLARATION Of Aaron M. Levine VOLUME TWO (ers, ) (Entered: 02/15/2000)
2000-02-14	91	0		DECLARATION Of Aaron M. Levine VOLUME THREE (ers, ) (Entered: 02/15/2000)
2000-02-15	92	0		TRANSCRIPT filed on Hearing on Motion for Protective Order held on 1/27/00 IN JUDGES FILE (ers, )
2000-02-15	93	0		MOTION by defendant FOR SUMMARY JUDGMENT OF VALIDITY OF CLAIMS 8-11 of U.S. PATENT NO. 5,195,242 to SEKAR UNDER 35 U.S.C. 112 (ers, ) (Entered: 02/16/2000)
2000-02-15	94	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT of motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO. 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION [80-1] SEALED (ers, ) (Entered: 02/16/2000)
2000-02-15	95	0		DECLARATION Of Paul Bargren SEALED (ers, ) (Entered: 02/16/2000)
2000-02-15	96	0		BRIEF FILED On Claim Construction Issues by plaintiff SEALED (ers, ) (Entered: 02/16/2000)
2000-02-15	97	0		MOTION by plaintiff FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES (ers, ) (Entered: 02/16/2000)
2000-02-15	98	0		DECLARATION Of Paul Bargren w/ attachments (ers, ) (Entered: 02/16/2000)
2000-02-15	99	0		BRIEF by plaintiff IN SUPPORT of motion FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES [97-1] SEALED (ers, ) (Entered: 02/16/2000)
2000-02-15	100	0		STATEMENT Of Proposed Findings of Material Facts in support of Plaintiffs Motion for Summary Judgment of Defts Counterclaims & Related Afirmative Defenses by plaintiff SEALED (ers, ) Modified on 02/16/2000 (Entered: 02/16/2000)
2000-02-16	101	0		STATEMENT of Proposed Findings of Material Facts in Support of pltfs motion for Summary Judgment on Defts Counterclaims & Related Affirmative Defenses by plaintiff (ers, )
2000-02-17	102	0		LETTER from plaintiff by Atty Gracey re: the discussions during the hearing on 1/27/00 re: the entry of Partial Summary Judgment. Newell request that this Court enter Newell Proposed Order. See attachments A-C (ers, )
2000-02-17	103	0		LETTER from plaintiff by Atty Gracey saying that they are submitting a CORRECTED Memorandum (Because of typographical errors & unclarities & some pages were ommitted) in Support of its Motion for summary judgment on Defts Counterclaims & related Affirmative Defenses (ers, )
2000-02-17	104	0		CORRECTED BRIEF by plaintiff Newell Operating Co. in support of Plaintiffs Motion for Summary Judgment on Counterclaims & Related Affirmative Defenses [99-1] SEALED (ers, )
2000-02-25	105	0		ORDER by Judge Charles N. Clevert granting motion FOR A ONE-DAY EXTENSION OF TIME TO FILE DISPOSITIVE MOTION & MARKMAN BRIEFING [79-1] That Defendant shall file its responsive materials no later than 3/7/00. Plaintiffs reply remains due on or before 3/20/00 (cc: all counsel) (ers, ) (Entered: 02/28/2000)
2000-02-25	106	0		ORDER by Judge Charles N. Clevert that EZ's Motion & Brief In Support For Entry of Protective Order & the Deposition Transcripts used in support of such Motion & Brief in Support are UNSEALED in their entirety. That Ez's Motion for Entry of Protective Order is GRANTED & DENIED IN PART. See Order for details. (cc: all counsel) (ers, ) Modified on 02/28/2000 (Entered: 02/28/2000)
2000-02-28	107	0		ORDER by Judge Charles N. Clevert denying w/o prejudice motion TO FILE MEMORANDUM IN SUPPORT OF LINZER'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO 5,195,242 UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION UNDER SEAL [81-1] & that the Clerk of Court shall Unseal Documents # 82, 94, 95, 96, 99, 100 & 104 on 3/6/00 if prior to that date the party filing has failed to establish good cause why the document should be sealed. Unless Cause is Shown on or before 3/3/00 (cc: all counsel) (ers, ) (Entered: 02/29/2000)
2000-02-28	108	0		AMENDED ORDER of 7/9/99 by Judge Charles N. Clevert Granting In Part & Denying In Part Defts motion for Summary Judgment on Non-Infringement. That Defts motion for Summary Judgment of non infringement of US Patent No. 5,195,242 under the doctrine of equivalents is granted as to claims 1-7 & 12 & denied as to independent claim 8 & dependant claims 9-11 (cc: all counsel) (ers, ) (Entered: 02/29/2000)
2000-02-29	109	0		LETTER from defendant by Atty Walter requesting clarification & reconsideration of the order granting Pltfs motion for a 1 day extension of time to file dispositive motion & Markman Briefing entered 2/25/00 & the Order approving in part & denying in part stipulation to amend the scheduling order entered 12/20/99 (ers, ) (Entered: 03/01/2000)
2000-03-07	110	0		ORDER by Judge Charles N. Clevert That the parties shall file the Markman Answering briefs no later that 3/9/00. That the parties shall file dispositive motion answering briefs no later than 3/15/00. That the parties shall file the MARKMAN reply briefs no later than 3/20/00. That the parties shall file dispositive motion reply briefs no later than 3/30/00. That service of papers is to be done by overnight service or fax delivery (cc: all counsel) (ers, ) (Entered: 03/08/2000)
2000-03-09	111	0		RESPONSE To Defts Markman Memorandum by plaintiff Newell Operating Co (EZ Paintr Co) w/ attachments A-C & 1-8 (ers, ) (Entered: 03/10/2000)
2000-03-09	112	0		BRIEF FILED by defendant Linzer Prod Corp In Response to Plaintiffs Memorandum on Claim Construction Issues (ers, ) (Entered: 03/10/2000)
2000-03-10	113	0		EXHIBIT A by plaintiff Newell Operating Co to Plaintiff EZ Paint's Response to Defts Markman memorandum, filed on 3/9/00 (ers, ) (Entered: 03/13/2000)
2000-03-15	114	0		MOTION by defendant Linzer Prod Corp TO FILE LINZER'S DEFTS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES UNDER SEAL ........ (ers, ) Modified on 08/03/2000 (Entered: 03/16/2000)
2000-03-15	115	0		BRIEF by plaintiff IN OPPOSITION to motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO. 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION [80-1] (ers, ) Modified on 03/29/2000 (Entered: 03/16/2000)
2000-03-15	116	0		BRIEF by defendant in opposition to motion FOR SUMMARY JUDGMENT OF VALIDITY OF CLAIMS 8-11 of U.S. PATENT NO. 5,195,242 to SEKAR UNDER 35 U.S.C. 112 [93-1] (ers, ) Modified on 03/29/2000 (Entered: 03/16/2000)
2000-03-15	117	0		RESPONSE by plaintiff to Statement of Proposed Findings of Material Facts in Support of Deft Linzer's Motion for Summary Judgment of Invalidity of Claims 8-11 of U.S. Patent No. 5,195,242 to Sekar under 35 U.S.C. 112 (ers, ) Modified on 03/29/2000 (Entered: 03/16/2000)
2000-03-15	118	0		DECLARATION Of Paul Bargren In Support of Plaintiff EZ Paintr's Response to Defts Motion for Summary Judgment of Invalidity of Claims 8-11 of U.S. Patent No 5,195,242 to Sekar Under 35 U.S.C. 112 (ers, ) Modified on 03/29/2000 (Entered: 03/16/2000)
2000-03-15	119	0		DECLARATION Of Paul Bargren In Support of Plaintiff EZ Paintr's Response to Defts Summary Judgment Motion of NonInfringement Based on Proposed Markman Claim Interpretation (ers, ) Modified on 03/29/2000 (Entered: 03/16/2000)
2000-03-15	120	0		ORDER by Judge Charles N. Clevert That Deft Linzer Products Corporation shall serve its rebuttal report regarding damages no later than 3/15/00. That service of the above rebuttal report to opposing counsel is to be done by overnight service or delivery by facsimile (cc: all counsel) (ers, ) (Entered: 03/16/2000)
2000-03-20	121	0		MOTION by defendant Linzer Prod Corp to file Deft Linzer's Reply to Plaintiff EZ Paintr's Response to Deft's Markman Memorandum under Seal (ers, )
2000-03-20	122	0		MOTION by defendant Linzer Prod Corp for leave to file a Reply Memorandum to EZ Paintr's Response to Defts Markman Memorandum in Excess of 15 pages (ers, )
2000-03-20	123	0		DECLARATION OF Keith A. Walter In Support of Deft Linzer's Reply to Plaintiff EZ Paintr's Response to Deft's Markman Memorandum (ers, ) Modified on 03/29/2000
2000-03-20	124	0		REPLY by Defendant Linzer Prod Corp To Plaintiff EZ Paintr's Response to Deft's Markman Memorandum (ers, )
2000-03-20	125	0		DECLARATION Of Tara A. Gracey (ers, ) Modified on 03/29/2000 (Entered: 03/21/2000)
2000-03-20	126	0		DECLARATION Of Frederick B. Burns (ers, ) Modified on 03/29/2000 (Entered: 03/21/2000)
2000-03-20	127	0		REPLY BRIEF by Plaintiff In Support of its Claim Construction (ers, ) Modified on 03/29/2000 (Entered: 03/21/2000)
2000-03-22	128	0		DECLARATION of FREDRICK B. BURNS IN JUDGES FILE (ers, ) Modified on 03/29/2000
2000-03-22	129	0		DECLARATION Of Taras A. Gracey IN JUDGES FILE (ers, ) Modified on 03/29/2000
2000-03-24	130	0		MOTION by plaintiff IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY (ers, ) Modified on 03/29/2000
2000-03-24	131	0		MOTION by defendant Linzer Prod Corp IN LIMINE FROM ENTERING CERTAIN EVIDENCE AT TRIAL BASED UPON THE MOTIONS STATED. (ers, ) Modified on 03/29/2000 (Entered: 03/27/2000)
2000-03-24	132	0		MOTION by defendant Linzer Prod Corp TO SEAL DOCUMENTS (ers, ) (Entered: 03/27/2000)
2000-03-24	133	0		BRIEF by defendant Linzer Prod Corp in support of motion IN LIMINE FROM ENTERING CERTAIN EVIDENCE AT TRIAL BASED UPON THE MOTIONS STATED. TO PRECLUDE NEWELL FROM INTRODUCING INTO EVIDENCE THE OFFICE ACTION IN PATENT APPLICATION SERIAL NUMBER 09/191,023, DATED 5/4/99 & THE PROPOSED RESPONSE TO THE OFFICE ACTION BY NEWELL'S ATTORNEY PURSUANT TO RULE 403 OF THE FEDERAL RULES OF EVIDENCE [131-1] (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-24	134	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT OF LINZER'S MOTION IN LIMINE UNDER RULES 402,403,408 & 802 OF THE FEDERAL RULES OF EVIDENCE TO EXCLUDE THE EXPERT REPORT OF JULIE L. DAVIS & PRECLUDE HER TESTIMONY TO THE EXTENT SHE CONSIDERED & OR/ RELIED ON A SETTLEMENT AGREEMENT OF PRIOR LITIGATION (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-24	135	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE THE EXPERT REPORTS OF FREDERICK B. BURNS & RELATED TESTIMONY (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-24	136	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT OF LINZER'S MOTION IN LIMINE UNDER RULES 402 & 403 OF THE FEDERAL RULES OF EVIDENCE TO PRECLUDE NEWELL FROM INTRODUCING INTO EVIDENCE ANY TESTIMONY THAT THE DOUBLE PATENTING REJECTION & TERMINAL DISCLAIMER CONCERNING U.S. PATENT NO. 5,572,790 IS EVIDENCE OF INFRINGEMENT (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-24	137	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE E-MAIL DOCUMENTS OFFERED TO LINZER MORE THAN A MONTH AFTER CLOSE OF DISCOVERY UNTIMELY DISCOVERY & RELATED TESTIMONY (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-24	138	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT OF KEITH A. WALTER IN SUPPORT OF DEFENDANTS LINZER PRODUCTS CORPORATION IN LIMINE MOTIONS VOLUME 1 & 11 (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-24	139	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT OF LINZER'S MOTION IN LIMINE UNDER RULES 402,403,408 & 802 FED R. EVID., TO PRECLUDE NEWELL FROM INTRODUCING EVIDENCE & TESTIMONY OF A SETTLEMENT AGREEMENT OF PRIOR LITIGATION (ers, ) Modified on 03/29/2000 (Entered: 03/28/2000)
2000-03-29	140	0		DECISION AND ORDER: by Judge Charles N. Clevert DENYING motion TO SEAL DOCUMENTS [132-1], GRANTING motion for leave to file a Reply Memorandum to EZ Paintr's Response to Defts Markman Memorandum in Excess of 15 pages [122-1], DENYING motion to file Deft Linzer's Reply to Plaintiff EZ Paintr's Response to Deft's Markman Memorandum under Seal [121-1], DENYING motion TO FILE LINZER'S DEFTS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES UNDER SEAL [114-1] That the Clerk's Office shall UNSEAL Documents #114-119, 123, 125-131. That the Clerk's Office shall accept NO Documents for filing under Seal in this case W/O Authorization of the Court. (cc: all counsel) (ers, )
2000-03-29	141	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion FOR SUMMARY JUDGMENT OF VALIDITY OF CLAIMS 8-11 of U.S. PATENT NO. 5,195,242 to SEKAR UNDER 35 U.S.C. 112 [93-1] (ers, ) (Entered: 03/30/2000)
2000-03-29	142	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO. 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION [80-1] (ers, ) (Entered: 03/30/2000)
2000-03-30	143	0		MOTION by defendant Linzer Prod Corp TO SEAL (ers, )
2000-03-29	144	0		MOTION by defendant FOR LEAVE TO FILE A REPLY MEMORANDUM TO NEWELL'S RESPONSE TO DEFTS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF CLAIMS 8-11 OF U.S. PATENT NO. 5,195,242 TO SEKAR UNDER 35 U.S.C. 112 IN EXCESS OF 15 PAGES (ers, ) (Entered: 03/30/2000)
2000-03-29	145	0		DECLARATION by Deft of Keith A. Walter In support of Defts Motion for Summary Judgment of Non-Infringement of Claims 8-11 of U.S. Patent No. 5,195,242 Based on Linzer's Proposed Markman Claim Interpretation w/ attached Physical Exhibit. EXHIBIT IN JUDGES FILE (ers, ) (Entered: 03/30/2000)
2000-03-30	146	0		REPLY BRIEF by plaintiff in support of motion FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES [97-1] w/ attachments A-C (ers, )
2000-03-30	147	0		DECLARATION by Plaintiff of PAUL BARGREN In Support of Plaintiff's Reply Brief in support of its motion for Summary Judgment on Linzer's Counterclaims & Related Affirmative Defenses w/ attachments A-C (ers, )
2000-04-05	148	0		JOINT FINAL PRETRIAL REPORT by plaintiff Newell Operating Co, defendant Linzer Prod Corp (ers, ) (Entered: 04/06/2000)
2000-04-10	149	0		ORIGINAL Document (Signature Pages for the Joint Pretial Order) Re: [148-1] (ers, )
2000-04-10	150	0		MOTION by plaintiff Newell Operating Co to strike Linzer's Markman Reply Brief , and for reconsideration of Order Granting Linzer's Motion for Leave to file Markman Reply Brief In Excess of 15 Pages (ers, ) (Entered: 04/11/2000)
2000-04-10	151	0		DECISION AND ORDER: by Judge Charles N. Clevert DENYING motion TO SEAL [143-1], GRANTING motion FOR LEAVE TO FILE A REPLY MEMORANDUM TO NEWELL'S RESPONSE TO DEFTS MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF CLAIMS 8-11 OF U.S. PATENT NO. 5,195,242 TO SEKAR UNDER 35 U.S.C. 112 IN EXCESS OF 15 PAGES [144-1] (cc: all counsel) (ers, ) (Entered: 04/12/2000)
2000-04-14	152	0		BRIEF by plaintiff Newell Operating Co in opposition to motion IN LIMINE FROM ENTERING CERTAIN EVIDENCE AT TRIAL BASED UPON THE MOTIONS STATED. [131-1] To Preclude Evidence & Testimony of Settlement Agreement of Prior Litigation (ers, ) (Entered: 04/17/2000)
2000-04-14	153	0		RESPONSE by Plaintiff to Linzer's Motion In Limine to Exclude the Expert Report of Julie L. Davis & To Preclude Her Testimony Related to the Sellement Agreement of Prior Litigation (ers, ) (Entered: 04/17/2000)
2000-04-14	154	0		RESPONSE by plaintiff To Linzer's Motion In Limine to Preclude Newell From Introducing Into Evidence the Office Action In Patent Application Serial Number 09/191,023 Dated 5/4/99 & the Proposed Response to the Office Action by Newell's Attorney Pursuant to Rule 403 of the Federal Rules of Evidence (ers, ) (Entered: 04/17/2000)
2000-04-14	155	0		RESPONSE by plaintiff To Linzer's Motion In Limine To Preclude Testimony that the Double Patenting Rejection & terminal Disclaimer Concerning U.S. Patent No. 5,572,790 is Evidence of Infringement (ers, ) (Entered: 04/17/2000)
2000-04-14	156	0		RESPONSE by plaintiff To Limzer's Motion In Limine To Exclude the Expert Reports of Fredrick B. Burns & Related Testimony w/ attachments A-C ' (ers, ) (Entered: 04/17/2000)
2000-04-14	157	0		RESPONSE by plaintiff To Linzer's Motion In Limine to Exclude E-Mail Documents w/ attachments A & B (ers, ) (Entered: 04/17/2000)
2000-04-17	158	0		MOTION by defendant Linzer Prod Corp for Leave to File an Opposition Memorandum to Newell's Motions in Limine to Exclude Certain Evidence & Testimony In Excess of 30 Pages (ers, ) (Entered: 04/18/2000)
2000-04-17	159	0		DECLARATION of Keith A. Walter by defendant Linzer Prod Corp In Support of Deft Linzer's Opposition to Plaintiff Newell's Motion In Limine To Exclude Certain Evidence & Testimony w/ attachments 1-18 (ers, ) (Entered: 04/18/2000)
2000-04-17	160	0		BRIEF by defendant Linzer Prod Corp IN OPPOSITION to motion IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY [130-1] (ers, ) (Entered: 04/18/2000)
2000-04-18	161	0		MOTION by plaintiff Newell Operating Co to Strike Linzer's motion For Summary Judgment of Non-Infringement of United States Patent No 5,195,242 Based Upon Linzer's Proposed Markman Claim Interpretation (ers, ) Modified on 06/05/2000
2000-04-18	162	0		ORDER by Judge Charles N. Clevert ; pretrial conference held 4/18/00 ; jury trial ADJOURNED ; Telephonic Status Conference set for 9:30 6/15/00 (cc: all counsel) (ers, ) (Entered: 04/19/2000)
2000-05-01	163	0		BRIEF by defendant Linzer Prod Corp IN OPPOSITION to motion to strike Linzer's Markman Reply Brief [150-1], to motion for reconsideration of Order Granting Linzer's Motion for Leave to file Markman Reply Brief In Excess of 15 Pages [150-2] (ers, ) (Entered: 05/02/2000)
2000-05-01	164	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion IN LIMINE FROM ENTERING CERTAIN EVIDENCE AT TRIAL BASED UPON THE MOTIONS STATED. [131-1] (Linzer's Reply to Newell's Response to Linzer's motion in limine to preclude Newell from introducing into evidence the Office action in patent application serial number 09/191,023 dated 5/4/99 & the proposed response to the office action by Newell's attorney (ers, ) (Entered: 05/02/2000)
2000-05-01	165	0		REPLY by defendant Linzer Prod Corp to Newell's Response to Linzer's motion In Limine to exclude E-Mail Documents (ers, ) (Entered: 05/02/2000)
2000-05-01	166	0		REPLY BRIEF by defendant Linzer Prod Corp to Plaintiff Newell's Response to Linzer's Motion In Limine Under Rules 402 & 403 of the Federal Rules of Evidence to Preclude Newell from inreoducing into Evidence any Testimony that the Double Patenting Rejection & terminal Disclaimer Concerning U.S. Patent 5,572,790 is evidence of Infringement (ers, ) (Entered: 05/02/2000)
2000-05-01	167	0		DECLARATION Of Aaron M. Levine In Support of Deft Linzer products Reply Memorandum to Pltf Newell's Response to Linzer's Motion in Limine Under Rules 402 & 403 of the FR of Evidence to Preclude Newell from Introducing into evidence any testimony that the double patenting rejection & terminal disclaimer concerning U.S. Patent 5,572,790 is evidence of infringement (ers, ) (Entered: 05/02/2000)
2000-05-01	168	0		REPLY BRIEF by defendant Linzer Prod Corp to Pltf Newell's Response to Linzer's Motion In Limine under Rules 402,403,408 & 802 of the FR of Evidence to exclude the expert report of Julie L. Davis & Preclude her testimony to the extent she considered & or relied on a settlement agreement of prior litigation (ers, ) (Entered: 05/02/2000)
2000-05-01	169	0		REPLY BRIEF by defendant Linzer Prod Corp to Plaintiff Newell's Response to Linzer's Motion In Limine Under Rule 402,403,408 & 802 Fed. R. Evid., to preclude Newell from Introducing evidence & testimony of a settlement agreement of Prior Litigation (ers, ) (Entered: 05/02/2000)
2000-05-01	170	0		REPLY by defendant Linzer Prod Corp to Newell's Opposition to Linzer's Motion In Limine to exclude the expert report of Fredrick B. Burns & Related Testimony (ers, ) (Entered: 05/02/2000)
2000-05-04	171	0		MOTION by plaintiff FOR EXTENSION OF ONE DAY TO 5/5/00 TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTIONS IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY (ers, ) (Entered: 05/05/2000)
2000-05-04	172	0		DECLARATION Of Paul Bargren (ers, ) (Entered: 05/05/2000)
2000-05-05	173	0		MOTION by plaintiff Newell Operating Co FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTIONS IN EXCESS OF 15 PAGES (ers, )
2000-05-05	174	0		REPLY BRIEF by plaintiff Newell Operating Co in support of motion IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY [130-1] w/ attachments A-E (ers, )
2000-05-08	175	0		BRIEF by defendant Linzer Prod Corp IN OPPOSITION to motion FOR EXTENSION OF ONE DAY TO 5/5/00 TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTIONS IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY [171-1] w/ attachments A & B (ers, ) (Entered: 05/09/2000)
2000-05-12	176	0		CROSS MOTION by defendant Linzer Prod Corp TO STRIKE PLAINTIFF NEWELL OPERATING COMPANY'S MOTION FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES w/ attachments 1-3 (ers, ) (Entered: 05/15/2000)
2000-05-18	177	0		REPLY BRIEF by plaintiff Newell Operating Co in support of motion FOR EXTENSION OF ONE DAY TO 5/5/00 TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTIONS IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY [171-1] (ers, )
2000-05-18	178	0		REPLY BRIEF by plaintiff Newell Operating Co in support of motion to strike Linzer's Markman Reply Brief [150-1], motion for reconsideration of Order Granting Linzer's Motion for Leave to file Markman Reply Brief In Excess of 15 Pages [150-2] (ers, )
2000-05-26	179	0		MOTION by defendant Linzer Prod Corp FOR LEAVE TO FILE MOTION FOR ATTORNEY FEES AFTER FINAL JUDGMENT IN THIS ACTION (ers, )
2000-05-26	180	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT of motion FOR LEAVE TO FILE MOTION FOR ATTORNEY FEES AFTER FINAL JUDGMENT IN THIS ACTION [179-1] (ers, )
2000-05-30	181	0		REPLY BRIEF by plaintiff Newell Operating Co in support of motion to Strike Linzer's motion For Summary Judgment of Non-Infringement of United States Patent No 5,195,242 Based Upon Linzer's Proposed Markman Claim Interpretation [161-1] (ers, ) Modified on 06/05/2000 (Entered: 05/31/2000)
2000-06-01	182	0		ORDER by Judge Charles N. Clevert granting motion FOR EXTENSION OF ONE DAY TO 5/5/00 TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTIONS IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY [171-1] (cc: all counsel) (ers, ) (Entered: 06/02/2000)
2000-06-01	183	0		ORDER by Judge Charles N. Clevert DENYING motion FOR LEAVE TO FILE MOTION FOR ATTORNEY FEES AFTER FINAL JUDGMENT IN THIS ACTION [179-1] (cc: all counsel) (ers, ) (Entered: 06/02/2000)
2000-06-05	184	0		BRIEF by plaintiff IN OPPOSITION to motion TO STRIKE PLAINTIFF NEWELL OPERATING COMPANY'S MOTION FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES [176-1] w/ attached Exhibits A-D (ers, ) (Entered: 06/06/2000)
2000-06-08	185	0		ORIGINAL Document from Plaintiff by Atty Brody - Copy of the Federal Circuit's opinion in the appeal of The Wooster Brush Co vs. Newell Operating Co & discussing this on 6/27/00 at 8:30 via telephone conference (ers, ) Modified on 06/09/2000 (Entered: 06/09/2000)
2000-06-12	186	0		TRANSCRIPT filed Of Pretrial Conference held on 4/18/00 before Judge Clevert IN JUDGES FILE (ers, )
2000-06-12	187	0		ORDER by Judge Charles N. Clevert ; On June 12, 2000, the Court conducted a telephonic conference. Telephonic status conference set for 8:30 6/27/00 That prior to the status conference, the parties shall confer regarding the possibility of mediation (cc: all counsel) (ers, ) (Entered: 06/13/2000)
2000-06-22	188	0		PETITION Filed by Plaintiff Newell Operating Co by Atty Gracey FOR a Panel Rehearing in the WOOSTER v. NEWELL Appeal in the U.S. District Court of Appeals for the Federal Circuit for Judge Cleverts review (Appeal from the US Dist Court for the N. Dist of Ohio (98-CV-02356, Judge James Gwin) IN JUDGES FILE (ers, )
2000-06-26	189	0		DECISION AND ORDER: by Judge Charles N. Clevert DENYING motion TO STRIKE PLAINTIFF NEWELL OPERATING COMPANY'S MOTION FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES [176-1], GRANTING motion FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTIONS IN EXCESS OF 15 PAGES [173-1], DENYING motion to Strike Linzer's motion For Summary Judgment of Non-Infringement of United States No 5,195,242 Based Upon Linzer's Proposed Markman Claim Interpretation [161-1], GRANTING motion for Leave to File an Opposition Memorandum to Newell's Motions in Limine to Exclude Certain Evidence & Testimony In Excess of 30 Pages [158-1], DENYING motion to strike Linzer's Markman Reply Brief [150-1], DENYING motion for reconsideration of Order Granting Linzer's Motion for Leave to file Markman Reply Brief In Excess of 15 Pages [150-2] (cc: all counsel) (ers, ) (Entered: 06/27/2000)
2000-06-27	190	0		HEARING MINUTES: by Judge Charles N. Clevert Telephonic status conference held 6/27/00; status hearing set for 10:00 7/27/00 Linzer requests to file a new summary judgment motion of noninfringement. Court Reporter: Karen Smith (ers, ) (Entered: 06/28/2000)
2000-06-28	191	0		MOTION by defendant Linzer Prod Corp FOR LEAVE TO FILE FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF CLAIMS 8-11 OF U.S. PATENT NO 5,195,242 UNDER THE DOCTRINE OF EQUIVALENTS (ers, )
2000-06-28	192	0		BRIEF by defendant IN SUPPORT of motion FOR LEAVE TO FILE FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF CLAIMS 8-11 OF U.S. PATENT NO 5,195,242 UNDER THE DOCTRINE OF EQUIVALENTS [191-1] (ers, )
2000-06-28	193	0		STATEMENT OF Proposed Findings of Material Facts in Support of defendant Linzer Prod Corp' motion for leave to file for Summary Judgment of non-infringement of Claims 8-11 of U.S. Patent No. 5,195,242 Under the Doctrine of Equivalents (ers, )
2000-06-28	194	0		CERTIFICATE Of Service (ers, )
2000-07-05	195	0		DECISION AND ORDER: by Judge Charles N. Clevert GRANTING motion FOR LEAVE TO FILE FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF CLAIMS 8-11 OF U.S. PATENT NO 5,195,242 UNDER THE DOCTRINE OF EQUIVALENTS [191-1] That Plaintiff shall file a brief in opposition to Defts motion for Summary Judgment of noninfringement on or before 7/26/00. No reply is Warranted (cc: all (ers, ) (Entered: 07/06/2000)
2000-07-06	196	0		AMENDED DECISION AND ORDER: by Judge Charles N. Clevert THAT Defts motion for leave to file motion for summary judgment of noninfringement of claims 8-11 of U.S. Patent No. 5, 195,242 under the doctrine of equivalents is Granted. That Plaintiff shall file a brief in opposition to Defts motion for summary judgment of noninfringement on or before 7/26/00. No reply is warranted (cc: all counsel) (ers, ) (Entered: 07/07/2000)
2000-07-10	197	0		LETTER from plaintiff by Taras Gracey w/ enclosed Order from the US Court of Appeals for the Federal Circuit Denying Newell's Petition for Rehearing (ers, )
2000-07-26	198	0		MOTION by plaintiff Newell Operating Co for leave to file , and motion for summary judgment on defendant's false marking claim , or in the alternative motion in limine to limit damages available on defendant's false marking claim (vkb, ) (Entered: 07/27/2000)
2000-07-26	199	0		STATEMENT of proposed findings of material facts in support of plaintiff's motion for summary judgment on defendant's false marking claim by plaintiff Newell Operating Co (vkb, ) (Entered: 07/27/2000)
2000-07-26	200	0		Plaintiff's response to statement of proposed findings of material facts in support of defendant Linzer's motion for summary judgment on on-infringement of claims 8-11 of US Patent No 5,195,242 under the doctrine of equivalents by plaintiff Newell Operating Co (vkb, ) (Entered: 07/27/2000)
2000-07-26	201	0		BRIEF by plaintiff Newell Operating Co in opposition to motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO. 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION [80-1] (vkb, ) (Entered: 07/27/2000)
2000-07-27	202	0		HEARING MINUTES: by Judge Charles N. Clevert ; telephonic status conference held 7/27/00 By 8/3/00, the Deft is to file a response to Plaintiffs motion for summary judgment on defts claim. Court Reporter: Cindy Bohman (ers, ) (Entered: 07/31/2000)
2000-08-03	203	0		MOTION by defendant Linzer Prod Corp FOR LEAVE TO AMEND DEFTS ANSWER & COUNTERCLAIMS (ers, ) (Entered: 08/04/2000)
2000-08-03	204	0		BRIEF by defendant Linzer Prod Corp IN OPPOSITION to Plaintiffs motion for leave to file a motion for Summary Judgment on Defts False Marking Claim [198-1] ........... (ers, ) (Entered: 08/04/2000)
2000-08-14	205	0		DECISION AND ORDER: by Judge Charles N. Clevert DENYING Defts motion FOR LEAVE TO AMEND DEFTS ANSWER & COUNTERCLAIMS [203-1], DENYING Plts motion for leave to file a motion for summary judgment on defts answer & counterclaims [198-1], DENYING AS MOOT Pltfs motion motion for summary judgment on defendant's false marking claim [198-2], DENYING AS MOOT Plaintiffs motion in limine to limit damages available on defendant's false marking claim [198-3] (cc: all counsel) (ers, ) (Entered: 08/15/2000)
2000-08-15	206	0		DECISION AND ORDER: by Judge Charles N. Clevert GRANTING Deft's motion for summary judgmentof non-infringement of claims 8-11 of U.S. Patent No. 5,195,242 under the doctrine of equivalents is granted DENYING AS MOOT motion FOR SUMMARY JUDGMENT OF VALIDITY OF CLAIMS 8-11 of U.S. PATENT NO. 5,195,242 to SEKAR UNDER 35 U.S.C. 112 [93-1], DENYING AS MOOT motion FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF US PATENT NO. 5,195,242 BASED UPON LINZER'S PROPOSED MARKMAN CLAIM INTERPRETATION [80-1], DENYING AS MOOT motion IN LIMINE FROM ENTERING CERTAIN EVIDENCE AT TRIAL BASED UPON THE MOTIONS STATED. [131-1] (cc: all counsel) (ers, ) (Entered: 08/16/2000)
2000-08-16	207	0		TRANSCRIPT of Proceedings filed of Telephonic Conference held on 7/27/00 before Judge Clevert IN JUDGES FILE (ers, )
2000-10-19	208	0		TRANSCRIPT filed Of Telephonic Conference held on 6/12/00 IN JUDGES FILE (ers, )
2000-11-13	209	0		MOTION by defendant Linzer Prod Corp to clarify this court's order of 6/01/00 (vkb, ) (Entered: 11/14/2000)
2000-12-07	210	0		BRIEF by plaintiff Newell Operating Co in opposition to motion to clarify this court's order of 6/01/00 [209-1] (hmv, ) (Entered: 12/08/2000)
2000-12-26	211	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion to clarify this court's order of 6/01/00 [209-1] (ers, ) (Entered: 12/27/2000)
2000-12-26	212	0		CERTIFICATE Of Service (ers, ) (Entered: 12/27/2000)
2001-01-25	213	0		DECISION AND ORDER: by Judge Charles N. Clevert GRANTING motion to clarify this court's order of 6/01/00 in that Deft is advised that Judgment was not entered pursuant to the 8/15/00, order granting Defts motion for Summary Judgment of noninfringement of claims 8-11 of the '242 patent under the doctrine of equivalents & other relief [209-1], DENYING motion IN LIMINE TO EXCLUDE CERTAIN EVIDENCE & TESTIMONY [130-1], GRANTING motion FOR SUMMARY JUDGMENT ON DEFTS COUNTERCLAIMS & RELATED AFFIRMATIVE DEFENSES [97-1] THAT this case is Dismissed w/ Prejudice (cc: all counsel) (ers, ) (Entered: 01/26/2001)
2001-01-25	214	0		JUDGMENT: by Deputy Clerk for plaintiff Newell Operating Co against defendant Linzer Prod Corp dismissing case (cc: all counsel) (ers, ) (Entered: 01/26/2001)
2001-02-08	215	0		MOTION by defendant Linzer Prod Corp TO AMEND OR ALTER THE JUDGMENT OF JANUARY 25, 2001 DISMISSING THIS CASE (ers, ) (Entered: 02/09/2001)
2001-02-08	216	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT of motion TO AMEND OR ALTER THE JUDGMENT OF JANUARY 25, 2001 DISMISSING THIS CASE [215-1] (ers, ) (Entered: 02/09/2001)
2001-02-08	217	0		DECLARATION Of Stephen J. Harbulak In Support of Defts Linzer's Motion to Amend or Alter the Judgment of 1/25/01 Dismissing this case w/ attached Exhibits A-I (ers, ) (Entered: 02/09/2001)
2001-03-05	218	0		BRIEF by plaintiff IN OPPOSITION to motion TO AMEND OR ALTER THE JUDGMENT OF JANUARY 25, 2001 DISMISSING THIS CASE [215-1] (ers, ) (Entered: 03/06/2001)
2001-03-22	219	0		SUPPLEMENTAL DECLARATION Of Stephen J. Harbulak In Support of Defts Linzer's Motion to Amend or Alter the Judgment of 1/25/01 Dismissing this case w/ attached Exhibits (ers, ) (Entered: 03/23/2001)
2001-03-22	220	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion TO AMEND OR ALTER THE JUDGMENT OF JANUARY 25, 2001 DISMISSING THIS CASE [215-1] (ers, ) (Entered: 03/23/2001)
2001-05-07	221	0		EXHIBITS (Non Trial & consisting of attachments to Doc # 53, 54, & 145 received for defendant Linzer Prod Corp (ers, )
2001-09-27	222	0		DECISION AND ORDER: by Judge Charles N. Clevert DENYING Defts motion TO AMEND OR ALTER THE JUDGMENT OF JANUARY 25, 2001 DISMISSING THIS CASE [215-1] (cc: all counsel) (ers, ) (Entered: 09/28/2001)
2001-10-11	223	0		NOTICE & MOTION by defendant Linzer Prod Corp FOR ATTORNEY FEES & EXPENSES (ers, ) (Entered: 10/12/2001)
2001-10-11	224	0		BRIEF by defendant Linzer Prod Corp IN SUPPORT of motion FOR ATTORNEY FEES & EXPENSES [223-1] (ers, ) (Entered: 10/12/2001)
2001-10-11	225	0		DECLARATION Of Stephen J. Harbulak In Support of Deft Linzer's Motion for an Award of Attorneys Fees & Expenses w/ attached Exhibit A (ers, ) (Entered: 10/12/2001)
2001-10-11	226	0		CERTIFICATE OF SERVICE by defendant Linzer Prod Corp (ers, ) (Entered: 10/12/2001)
2001-10-26	227	0		Appeal Notice to the Federal Circuit by defendant Linzer Prod Corp from USDC decision Re: [222-1], Re: [214-2], Re: [213-1] (cc: all counsel) (vkb, ) Modified on 10/29/2001 (Entered: 10/29/2001)
2001-10-29	228	0		BRIEF by plaintiff Newell Operating Co IN OPPOSITION to motion FOR ATTORNEY FEES & EXPENSES [223-1] w/ attached certificate of service (ers, ) (Entered: 10/30/2001)
2001-11-19	229	0		REPLY BRIEF by defendant Linzer Prod Corp in support of motion FOR ATTORNEY FEES & EXPENSES [223-1] (ers, ) (Entered: 11/20/2001)
2001-11-19	230	0		DECLARATION OF CHRISTOPHER K. KREBS In Support of Deft Linzer's Reply Brief Memorandum in support of its motion for an award of attorneys fees & expenses by defendant Linzer Prod Corp W/ attached Exhibit A & B (videos) & Exh. C & D. (ers, ) (Entered: 11/20/2001)
2001-12-11	231	0		BRIEF by plaintiff Newell Operating Co in opposition to motion FOR FEES [229-1] (ers, ) (Entered: 12/12/2001)
2002-06-27	232	0		DECISION AND ORDER: by Judge Charles N. Clevert denying motion FOR FEES [229-1], denying motion FOR ATTORNEY FEES & EXPENSES [223-1] (cc: all counsel) (ers, )
2002-10-21	233	0		MANDATE/CERTIFIED COPY from the USCA USCA Number: 02-1183 dismissing the appeal [227-1]; Upon consideration of the unopposed motions of Linzer Products Corp to lift the stay of proceedings and to voluntarily dismiss its appeal IT IS ORDERED THAT 1) the motions are granted and 2) each side shall bear its own costs (vkb, )
2003-05-06	234	0		NOTIFICATION of Exhibit Release sent to counsel of record. (eeb, ) (Entered: 05/13/2003)
2003-05-22	235	0		EXHIBITS for Defendant Linzer Products Corporation destroyed. No response to notification received. (eeb, )