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09-3339 - Kolcraft Enterprises, Inc. v. Chicco USA, Inc. et al


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09-3339 - Kolcraft Enterprises, Inc. v. Chicco USA, Inc. et al
October 23, 2009
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MEMORANDUM Opinion and Order signed by the Honorable Charles R. Norgle, Sr on 10/23/2009. Mailed notice (tlm)
September 2, 2016
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MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. This Opinion explains the claims-construction decisions. The status hearing of 09/15/2016 remains in place to discuss the next step of the litigation. Mailed notice. (pjg, )
April 13, 2018
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MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. This is the claim-construction Opinion on Claim 20. Additionally, the schedule going forward is as follows, and the deadlines are strict because the parties have been litigating this dispute for years (and indeed not only in this forum) and the arguments should be well known to them. Expert discovery shall commence on this schedule: opening expert reports due 04/27/2018. Rebuttal expert reports due 05/04/2018. Depositions of experts to be completed by 05/18/2018, so the parties shall schedule the dates now to avoid scheduling conflicts. For summary judgment motions on infringement, Plaintiff's opening brief due 06/01/2018 (assuming Plaintiff decides to file an infrito review motions in limine and other disputes in detail before the pretrial conference (and to issue as many decisions as possible before the conference). Status hearing set for 04/19/2018 at 11:15 a.m. Emailed notice(slb, )ngement summary judgment motion). Defendant's cross motion on non-infringement and response to Plaintiff's motion due 06/22/2018. Plaintiff's response to Defendant's non-infringement motion and Plaintiff's reply on its motion due 07/06/2018. Defendant's reply due 07/13/2018. The same briefing schedule shall apply for any defense motion for summary judgment on invalidity or damages (or any other issue), with Defendant filing the opening brief. All summary judgment issues shall be combined into the two parallel briefing tracks (move for extra pages as needed). Jury trial remains set for 07/30/2018 at 9:00 a.m. The pretrial conference is reset to 07/19/2018 at 1:30 p.m. The proposed pretrial order (see Judge Chang's website for the very detailed requirements) and motions in limine are due by 06/20/2018. Responses to the motions in limine are due by 06/27/2018. Replies are due by 07/12/2018. Those deadlines are firm in order to give the Court enough time
July 6, 2018
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MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 7/6/2018: For the reasons stated in the Opinion, Defendant's motion for summary judgment 298 is denied in large part and granted in very limited part. Now that the summary judgment stage is over, the Court directs the parties again to engage in settlement negotiations, although the negotiations must fit within the time frame of the trial schedule. Each side still bears sufficient liability and damages risk that a settlement would be the sensible solution. The parties also ought to avoid the certainty (not just a risk, the certainty) of attorneys' fees and costs, as well as the distraction of having to prepare for trial testimony (and then actually testify), which takes time away from the party's core business mission. The counsel for both sides are directed to show this opinion and this negotiations directive to their respective clients.Emailed notice(eec)
August 29, 2018
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MOTION by Defendant Artsana USA, Inc. for judgment re Defendant's Motion for Judgment as a Matter of Law (Borcia, James)
August 30, 2018
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MOTION by Plaintiff Kolcraft Enterprises, Inc. for judgment Plaintiff's Motion for Judgment as a Matter of Law on Infringement and Validity (Niro, Raymond)
August 30, 2018
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MOTION by Defendant Artsana USA, Inc. for judgment re Defendant's Renewed Motion for Judgment as a Matter of Law (Borcia, James)
September 28, 2018
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MOTION by Defendant Artsana USA, Inc. for judgment Renewed Motion for Judgment as a Matter of Law Pursuant to Fed.R.Civ.P. 50(b) (Borcia, James)