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06-2389 - Old Reliable Wholesale, Inc. v. Cornell Corporation


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06-2389 - Old Reliable Wholesale, Inc. v. Cornell Corporation
December 14, 2007
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Memorandum Opinion and Order construing the patent claim terms (Related Doc # 30, 31); the Markman hearing is cancelled and the court will instead hold a telephonic status conference on 12/21/2007 at 09:00 AM to discuss further proceedings, including motions on the merits, alternative dispute resolution, and a trial date; counsel for plaintiff shall arrange the call. Signed by Judge David D. Dowd, Jr on 12/14/2007. (Attachments: # (1) Patent drawings) (D,S)
June 4, 2008
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Memorandum Opinion and Order directing Plaintiff to file proper responses to Requests 44-46, 49-57, and 76-79 no later than Friday, June 13th, 2008. The delay in this case caused by the discovery dispute has necessitated a revision of the dispositive motion schedule and rescheduling of the trial date. Dispositive motions are now due on July 11, 2008, responses are due by August 1, 2008, and replies by August 15, 2008. The trial date is rescheduled on a standby basis for the two week period beginning November 3, 2008. A revised Trial Order will be separately published. Signed by Judge David D. Dowd, Jr on 6/4/2008. (M,De)
March 24, 2009
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Memorandum Opinion that Cornell's motion for summary judgment (ECF 54) that the '950 Patent is invalid pursuant to 35 U.S.C. §§ 102 and 103 is Granted. Old Reliable's motion for summary judgment (ECF 53) that defendant infringed the '950 Patent is Denied. In its counterclaims against Old Reliable, Cornell sought attorney fees pursuant to 35 U.S.C. § 285. (See ECF 8). Section 285 gives the Court discretion to award attorney fees to prevailing parties "in exceptional cases." The issue of attorney fees has not been briefed. If Cornell desires to pursue attorney fees, a brief in support of a fee award should be filed by April 17, 2009. Old Reliable may respond by May 1, 2009, and Cornell may reply by May 8, 2009. Signed by Judge David D. Dowd, Jr. on 3/24/2009. (Attachments: # (1) Attachment 1) (M,De)
March 24, 2009
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Judgment Entry that for the reasons set forth in the Memorandum Opinion 75 filed contemporaneously with this Judgment Entry, 1) Defendant Cornell's motion for summary judgment (ECF 54) that the '950 Patent is invalid pursuant to 35 U.S.C. §§ 102 and 103 is Granted; and 2)Plaintiff Old Reliable's motion for summary judgment (ECF 53) that defendant infringed the '950 Patent is Denied. Signed by Judge David D. Dowd, Jr. on 3/24/2009. (M,De)
February 2, 2010
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Memorandum Opinion and Order regarding 79 Motion for attorney fees and to amend the Court's judgment to include an award of attorney fees. Cornell's motion for an award of attorney fees is granted in part and denied in part. Judgment will be entered for the defendant and against the plaintiff for the total sum of $196,628.64 which includes fees for Brouse McDowell in the sum of $1,638.82, plus attorney fees in the sum of $176,991.75 for fees for Severson, Sheldon, Dougherty and Molenda, $4,886.54 for travel expenses and out of pocket expenses incurred by Severson, Sheldon, Dougherty and Molenda, and costs in the sum of $13,111.53. Signed by Judge David D. Dowd, Jr. on 2/2/2010. (M,De)
February 2, 2010
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Judgment that for the reasons set forth in the Memorandum Opinion (ECF # 88), filed contemporaneously with this Judgment Entry, judgment is awarded to Cornell Corporation and against Old Reliable Wholesale in the amount of $196,628.64. Signed by Judge David D. Dowd, Jr. on 2/2/2010. (M,De)