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10-076 - BERRY PLASTICS CORPORATION v. INTERTAPE POLYMER CORPORATION


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10-076 - BERRY PLASTICS CORPORATION v. INTERTAPE POLYMER CORPORATION
October 17, 2011
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ORDER granting in part and denying in part 46 Sealed Motion to Compel Inspection of Accused Manufacturing Process. Signed by Magistrate Judge William G. Hussmann, Jr on 10/17/2011. (SMD)
December 1, 2011
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ORDER granting in part and denying in part 61 Sealed Motion to Compel Supplemental Invalidity Contentions. The supplementation of the preliminary contentions in this matter should be completed within thirty (30) days of the date of this order. See order for more specifics. Signed by Magistrate Judge William G. Hussmann, Jr., on 12/1/2011. (NRN)
January 30, 2012
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ORDER OVERRULING Intertape Polymer Corporation's 75 Objection to the Magistrate Judge's Denial of Request for Reconsideration. Signed by Judge Richard L. Young on 1/30/2012. (TMD)
February 21, 2014
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ORDER granting in part and denying in part 180 Sealed Motion. Signed by Magistrate Judge William G. Hussmann, Jr on 2/21/2014. (NMT) (Main Document 201 replaced on 2/24/2014) (JD). Modified on 2/25/2014 (NMT). (Main Document 201 replaced on 2/25/2014) (NMT).
March 3, 2014
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ORDER denying 183 Sealed Motion to Compel. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/3/2014. (NRN)
May 16, 2014
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***UNSEALED PER 292 ORDER*** ORDER granting in part and denying in part 199 Sealed Motion to Compel Production of Financial Documents Relevant to Damages Calculations. The data concerning Intertape's duct tape production and sales from one year before Berry began using its PRE until the present would be relevant to determining Intertape's damages and reciprocal to the financial information Intertape has requested from Berry. The Court GRANTS Berry's motion to the extent it asks the Court to compel Intertape to produce such data. The Court DENIES Berry's motion to the extent it asks the Court to compel Intertape to produce data concerning other products or times. The Court ORDERS Berry to serve Intertape a revised set of discovery requests within seven days. The Court further ORDERS Intertape to respond to Berry's revised requests in a manner consistent with this Entry. The Court will not compel Intertape to comply with requests that are untimely or inconsistent with this Entry. Signed by Magistrate Judge William G. Hussmann, Jr., on 5/16/2014. (NRN) Modified on 7/31/2014 (NMT).
July 2, 2014
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ORDER UPON IN CAMERA REVIEW, PURSUANT TO PRIOR COURT ORDER 201. Signed by Magistrate Judge William G. Hussmann, Jr. on 7/2/2014.(NMT)
July 18, 2014
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***UNSEALED PER 292 ORDER*** ENTRY denying 223 Sealed Motion to Compel Production of Documents and Testimony. The parties are ORDERED to fulfill any outstanding discovery obligations consistent with Section III(F) of this Entry. Intertape is further ORDERED to file notice of any intent to raise reliance-on-advice-of-counsel or counsel's-good-faith defenses and complete any consequent discovery consistent with Sections III(A) and (B) of this Entry. The Clerk is directed to unseal the motion, briefs, and exhibits considered 223 224 240 and 246 at the final pretrial conference scheduled for October 3, 2014, unless the parties first file a motion establishing good cause to maintain those documents under seal and the Court issues a supplemental order maintaining the seal. Signed by Magistrate Judge William G. Hussmann, Jr. on 7/18/2014. (NMT) (Main Document 289 replaced on 7/21/2014) (NMT). Modified on 7/31/2014 (NMT).
July 7, 2015
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ORDER denying Berry's 451 Motion to Compel Production of Documents and Testimony and denying Berry's 453 Motion for Oral Argument. Signed by Judge Richard L. Young on 7/7/2015. (TMD)
September 30, 2015
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ORDER granting 385 Motion for Judgment as a Matter of Law that U.S. Patent No. 7,476,416 is Invalid as Obvious. Signed by Judge Richard L. Young on 9/30/2015. (TMD)
November 30, 2015
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ORDER denying Berry's 491 Motion in Limine. Signed by Judge Richard L. Young on 11/30/2015. (TMD)
November 30, 2015
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ORDER granting in part Intertape's 489 Motion in Limine to Exclude Expert Testimony of Dr. Eldridge Mount. Signed by Judge Richard L. Young on 11/30/2015. (TMD)
December 4, 2015
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ORDER on Berry Plastics Corporations' Motion for Ruling on Deposition Objections. Berry's objection to Intertape's counter-designation of Mr. Kane's deposition testimony is OVERRULED and its motion to overrule Intertape's objection to the designated deposition testimony of Mr. Tynan both as an individual and as Intertape's 30(b)(6) designee is DENIED. Signed by Judge Richard L. Young on 12/4/2015. (TMD)
December 4, 2015
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ORDER granting in part and denying in part Berry's 497 Motion for Judicial Notice. Berry's request that the documents be admitted as evidence at trial is DENIED. Signed by Judge Richard L. Young on 12/4/2015. (TMD)
June 3, 2016
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ORDER granting in part and denying in part Intertape's 518 Motion for Reconsideration. Motion to Reconsider Entry of Judgment as a Matter of Law that U.S. Patent No. 7,476,416 Is Invalid as Obvious (Filing No. 518) is GRANTED with respect to the unasserted dependent claims and DENIED with respect to the asserted dependent claims. Signed by Judge Richard L. Young on 6/3/2016. (TMD)
August 25, 2016
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Judge Richard L. Young on 8/25/2016.(TMD)FINDINGS OF FACT AND CONCLUSIONS OF LAW - For the reasons stated herein, the court finds that Berry has failed to prove, by clear and convincing evidence, that Intertape's '416 patent is unenforceable due to inequitable conduct. Signed by
September 30, 2016
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ORDER Directing Issuance of Final Judgment. Signed by Judge Richard L. Young on 9/30/2016. (TMD)
September 30, 2016
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CLOSED - FINAL JUDGMENT - SEE ENTRY FOR DETAILS. Each party shall bear its own attorney's fees. Signed by Judge Richard L. Young on 9/30/2016.(TMD)
January 17, 2017
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ORDER granting in part Berry's 549 Motion for Bill of Costs. Berry is entitled to costs in the amount of $51,893.70. Signed by Judge Richard L. Young on 1/17/2017. (TMD)