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Entered | Case | Description |
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10/01/24 | ORDER that1. Defendants' motion to stay this case pending the result of the inter parties review instituted by the USPTO on September 9, 2024, Dkt. [343] , is GRANTED, subject to the conditions stated above.2. The pending motions for summary judgment. Dkt. [299] , Dkt. [301] , and motions to strike, Dkt. [295] , Dkt. [322] , are DENIED WITHOUT PREJUDICE, subject torebriefing after the conclusion of inter partes review. Signed by District Judge James D. Peterson on 10/1/2024. (voc) (Entered: 10/01/2024) | |
08/22/24 | FINAL JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 58 - All claims and counterclaims having now been resolved in this action, the Court now enters FINAL JUDGMENT: Judgment is entered against Plaintiffs/Counter-Defendants Knauf Insulation GmbH, Knauf Insulation SPRL, and Knauf Insulation, LLC (collectively, "Knauf") and in favor of Defendants/Counter-Claimants Johns Manville Corporation and Johns Manville, Inc. (together, "JM") on the following claims of the Fifth Amended Complaint: Count I for infringement of U.S. Patent 8,114,210; Count II for infringement of U.S. Patent 8,940,089; Count III for infringement of U.S. Patent D631,670; Count IV for infringement of U.S. Patent No. 9,039,827; Count VI for infringement of U.S. Patent 9,464,207; and Count IX for infringement of U.S. Patent 9,926,464. The following counterclaims of the First Amended Answer and Counterclaims are dismissed with prejudice: Counterclaim III for Declaratory Judgment of Unenforceability as to only the '464 Patent; and Counterclaim VI for Bad Faith Assertion of a Claim of Patent Infringement. JM withdrew Counterclaim IV for False Marking of the First Amended Answer and Counterclaims. All remaining claims and counterclaims have been resolved through settlement and joint dismissal with prejudice. Judgment is entered accordingly, and this action is TERMINATED. Signed by Judge Tanya Walton Pratt on 8/22/2024.(DWH) (Entered: 08/22/2024) | |
08/22/24 | ORDER DENYING MOTION TO VACATE - Based on all the above considerations, the Court finds that vacatur of the SJ/CC Order is not appropriate here. To put it mildly, this complex dispute has been zealously litigated by both sides. The quality of work has been impressive, and the sheer quantity of the motions practice has been substantial. The Court applauds the parties for their professionalism and ability to ultimately resolve this case short of trial. But for the reasons explained above, the Court concludes that Knauf's Conditionally Unopposed Motion to Vacate in Anticipation of Settlement and Dismissal (Filing No. 1299 ) should be DENIED (SEE ORDER FOR DETAILS). Signed by Judge Tanya Walton Pratt on 8/22/2024. (DWH) (Entered: 08/22/2024) | |
08/22/24 | ORDER GRANTING JOINT MOTION TO DISMISS - This matter has come before the Court upon the Parties' Joint Motion to Dismiss (ECF No. 1298 ). The Court, being fully advised, finds that good cause exists and GRANTS the Parties' motion. It is hereby ORDERED that this action is dismissed with prejudice. It is FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 41(a)(2), all claims, counterclaims, and defenses that could have been asserted in this action are dismissed with prejudice, and each side shall bear their own costs and fees, including all attorney fees. Signed by Judge Tanya Walton Pratt on 08/22/2024. (AJG) (Entered: 08/22/2024) | |
08/08/24 | NOTICE that the following is RE-NOTED: 39 MOTION for Judgment on the Pleadings . Filed by Defendant The Rushing Company LLC. Noting Date 9/5/2024, (Hesterberg, Nicholas) (Entered: 08/08/2024) | |
08/08/24 | MOTION for Judgment on the Pleadings, filed by Defendant The Rushing Company LLC. (Attachments: # 1 Proposed Order) Noting Date 8/30/2024, (Hesterberg, Nicholas) (Entered: 08/08/2024) | |
07/22/24 | SO ORDERED, re 32 STIPULATION AND ORDER TO EXTEND TIME for Defendant Potent Systems, Inc. to file and serve its response to Plaintiff's Motion for Reconsideration (D.I. 31) to August 5, 2024 - filed by Potent Systems, Inc. Signed by Judge Gregory B. Williams on 7/22/24. (jaa) (Entered: 07/22/2024) | |
07/16/24 | ORDER SETTING TELEPHONIC INITIAL PRETRIAL CONFERENCE: This case is assigned for a telephonic initial pretrial conference before United States Magistrate Judge Tim A. Baker on September 6, 2024, at 11 a.m. (Eastern Time). Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The parties themselves may participate at their option. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order. Signed by Magistrate Judge Tim A. Baker on 7/15/2024.(Copy mailed per Distribution list.) (LF) (Entered: 07/16/2024) | |
07/11/24 | Consent MOTION for Judgment , Final Order and Permanent Injunction by Indian Industries, Inc.. (Meyer, Charles) (Entered: 07/11/2024) | |
07/11/24 | Consent MOTION for Judgment, Final Order and Permanent Injunction by Indian Industries, Inc.. (Meyer, Charles) (Entered: 07/11/2024) |