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12-196 - WONDERLAND NURSERYGOODS CO., LTD v. THORLEY INDUSTRIES, LLC


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12-196 - WONDERLAND NURSERYGOODS CO., LTD v. THORLEY INDUSTRIES, LLC
March 14, 2012
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MEMORANDUM OPINION indicating that, for reasons stated more fully within, Defendant's Motion to Stay 14 is DENIED. Because the Defendant's Answer has been filed, as has Plaintiff's response thereto, a case management conference will be scheduled. Appropriate orders follow. Signed by Judge Nora Barry Fischer on 3/14/12. (jg)
January 11, 2013
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OPINION (regarding construction for disputed claim terms); An appropriate Order will follow. Signed by Judge Nora Barry Fischer on 1/11/13. (lks)
June 7, 2013
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MEMORANDUM ORDER indicating that, for reasons more fully stated within, Plaintiff's Motion to Strike Portions of the Expert Report of William W. Clark 73 is denied, without prejudice. Signed by Judge Nora Barry Fischer on 6/7/13. (jg)
December 5, 2013
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Errata re 149 MEMORANDUM OPINION indicating that, for the reasons detailed within, Defendant Thorley's Motion to Strike Portions of the Expert Report of Dr. Hampton 112, is denied. Reason for Correction: Deleted price point. (tql) (Main Document 151 replaced on 12/5/2013) (tql) Modified on 12/5/2013. (tql)
December 16, 2013
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MEMORANDUM OPINION, for the reasons more fully stated within, Thorley's Motion for Summary Judgment of Invalidity of Claims 12, 13, 19, and 20 of the 609 Patent under 35 U.S.C. ยง 112 100, is denied. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 12/16/13. (jg)
December 19, 2013
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MEMORANDUM OPINION indicating that, for reasons stated within, as there are genuine issues of material fact between the parties concerning whether the Nordella prior art reference satisfies all of the limitations of Claims 12-14 and 19-20 of the 609 Patent, whether Nordella constitutes analogous art, and whether there was sufficient motivation to combine Nordella and the Caster prior art references, Thorley's Motion for Summary Judgment of Invalidity 108 is denied. As for the parties' Cross-Motions for Summary Judgment on the issue of infringement of Claims 12-14 and 19-20 by the accused mamaRoo device, (Docket Nos. 95, 104), these Motions are granted, in part and denied, in part; they are granted as to non-infringement of Claims 12-14 only, in favor of Thorley, and denied in all other respects. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 12/19/13. (jg)
December 27, 2013
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ORDER granting 160 Joint Motion to Amend the Pretrial Order, said Motion is GRANTED; the Pretrial Order is Amended as follows: section 3c. objections to exhibits shall be filed on or before January 2, 2014; all other dates in the Pretrial Order remain in effect. Signed by Judge Nora Barry Fischer on 12/27/2013. (bdk)
January 17, 2014
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ORDER indicating that upon consideration of Defendant's Motion to Exclude Plaintiff's Amended Infringement Contentions and Supplemental Expert Report 176, Plaintiff's Response 197, the parties' arguments presented at the motion hearing 199, and for the reasons stated within, it is hereby ordered that said Motion 176 is GRANTED; that Plaintiff shall not make arguments to the jury based on its Amended Infringement Contentions; that Mr. Drobinski's expert testimony shall be limited to his opinion disclosed in his Expert Report dated 3/15/13; and that to the extent that the parties reach agreement as to Claim 12, any stipulation shall be filed of record by 1/21/14 at 9:00 AM. Signed by Judge Nora Barry Fischer on 1/17/14. (tql)
January 22, 2014
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MEMORANDUM ORDER denying 180 Moiton in Limine #2 - Patents Granted to Thorley filed by WONDERLAND NURSERYGOODS CO., LTD. (details more fully stated in said Order); that Counsel for the parties shall provide a joint limiting instruction relating to Thorley's patents on or before 1/24/14 at 12:00 PM. Signed by Judge Nora Barry Fischer on 1/22/14. (jg)
January 22, 2014
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ORDER indicating that upon consideration of Wonderland's Motion in Limine No. 3 to Exclude Other Litigation and Disputes 182, the parties' additional filings with the Court, their arguments at the Final Pretrial Conference, Mr. Daley's and Mr. Hopke's deposition transcripts, and for the reasons more fully stated within, Wonderlands Motion 182 is GRANTED and, it is hereby ordered that neither Wonderland nor Thorley and their respective counsel shall make reference to any other litigation or disputes between them during the trial. It is further ordered that both parties through counsel shall notify their respective witnesses that they should not make reference to any other litigation or disputes during trial. Signed by Judge Nora Barry Fischer on 1/22/14. (tql)
January 23, 2014
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ORDER indicating that upon consideration of Plaintiff's List of Trial Witnesses 169, Defendant's Objections 174, the parties' arguments presented at the Final Pretrial Conference 205, and e-mail communications from counsel, it is hereby ordered that Mr. Brad Bickley shall be excluded from testifying in Plaintiff's case in chief, as Mr. Bickley was not properly disclosed under Federal Rule of Civil Procedure 26(a)(1)(A); that to the extent Plaintiff seeks to call Mr. Bickley as a rebuttal witness, Plaintiff may do so, given that there does not seem to be controlling case law on whether rebuttal witnesses must be disclosed under Rule 26(a) before being allowed to testify in rebuttal; that to the extent that Plaintiff intends to call Mr. Bickley as a rebuttal witness, Plaintiff shall file its written proffer concerning Mr. Bickley's proposed rebuttal testimony by no later than 1/30/14 at 12:00 PM; that Plaintiff shall make Mr. Bickley available for a deposition prior to or during the course of trial before Plaintiff presents its rebuttal case, with the costs to be borne by the Plaintiff (details more fully stated in said Order.) Signed by Judge Nora Barry Fischer on 1/23/14. (jg)
January 31, 2014
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ORDER indicating that upon consideration of the parties' positions at the Final Pretrial Conference 205, concerning the Proposed Jury Verdict Slip # (1), Plaintiff's Memorandum in Support of its Position on Special Interrogatories 212, and Defendant's Response 223, it is hereby ordered that Plaintiff's objections to the Court's Proposed Verdict Slip # (1), are overruled, as Plaintiff has cited no cases in which a court has adopted a verdict slip with the level of detail proposed by the Plaintiff in this case and Defendant has further proffered four recent jury verdicts from this Court, in which the judge adopted a jury verdict form consistent with the Proposed Jury Verdict Slip. (Details more fully stated within). It is further ordered that all other provisions of the Court's previously entered Pretrial Order, dated 1/16/1 63, and this Court's subsequent pretrial rulings, shall remain in effect. Signed by Judge Nora Barry Fischer on 1/31/14. (Attachments: # (1) Exhibit A) (tql)
February 24, 2014
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ORDER indicating that upon consideration of all of the parties' filings, the parties' arguments at the Final Pretrial Conference held on 1/21/14 205, the parties' arguments at the Motion Hearing held on 1/27/14 228, and for the reasons stated more fully herein, it is hereby ordered that: 1. Thorley's Renewed Motion to Stay the trial in this case is GRANTED; 2. Wonderland's Motion to Exclude any references to the inter partes reexamination of the '609 Patent 178 is DENIED, as premature; 3. Wonderland's Objections to the Right of Appeal Notice, (Defense Exhibit D-04-346 to D-04-452), the First Office Action, (Defense Exhibit D-04-747 to D-04-777), and the Order Granting Request for Inter Partes Reexamination, (Defense Exhibit D-04-727 to D-04-742), are OVERRULED, as premature; 4. Thorley's Motion for Reconsideration 217 concerning the Right of Appeal Notice, (Defense Exhibit D-04-346 to D-04-452), the First Office Action, (Defense Exhibit D-04-747 to D-04-777), and the Order Granting Request for Inter Partes Reexamination, (Defense Exhibit D-04-727 to D-04-742), is DENIED, as premature; 5. Thorley's Objections to the Proposed Jury Instructions concerning the presumption of validity and the burden of proving invalidity of the '609 Patent by clear and convincing evidence are OVERRULED, as premature. It is further ordered that all other provisions of the Court's previously entered Pretrial Order, dated 1/16/13 63, and this Court's subsequent pretrial rulings, remain in effect. It is finally ordered that: 1. Any Motion for Reconsideration of this Memorandum Opinion and Order shall be filed by no later than 3/3/14 at 12:00 PM; 2. Any Response shall be filed by no later than 3/10/14 at 12:00 PM; 3. Any Reply shall be filed by no later than 3/17/14 at 12:00 PM; 4. Any Sur-Reply shall be filed by no later than 3/24/14 at 12:00 PM; and 5. Oral argument on said Motion shall occur on April 1, 2014 at 1:30 PM in Courtroom 5B. Signed by Judge Nora Barry Fischer on 2/24/14. (tql) (Main Document 234 replaced on 2/24/2014) (tql)
June 11, 2014
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MEMORANDUM OPINION AND ORDER indicating, for reasons stated more fully within, that: 1. Wonderland's Motion for Reconsideration is denied; 2. Wonderland's Motion to Lift Stay is denied; 3. The parties shall meet and confer and file by no later than 6/26/14 at 12:00 PM, a joint status report concerning whether oral argument was presented before the PTO on 6/4/14, and the expected timeline for resolution of the pending reexamination proceedings before the PTO; 4. The telephonic status conference previously set for 6/30/14 at 3:00 PM shall remain as scheduled. Signed by Judge Nora Barry Fischer on 6/11/14. (jg)
October 20, 2014
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MEMORANDUM ORDER indicating that, for reasons stated within, 260 Plaintiff's "Motion for Certification Under 28 U.S.C. 1292(b)" is denied. Signed by Judge Nora Barry Fischer on 10/20/14. (jg)
February 3, 2017
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MEMORANDUM OPINION indicating that, for reasons more fully stated within, as Defendant has not established that this case is an exceptional one that warrants an award of attorneys' fees, the Court denied Defendant's Renewed Motion for Attorney Fees 290; An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/3/17. (jg)