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Entered	Case	Description
11/19/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Memorandum Opinion and Order: For all the reasons set forth in this Order, Defendant Metrasens, Inc.'s Motion to Exclude Testimony of Plaintiff's Damages Expert and for Summary Judgment as to All Claims (Doc. No. [42] ) is GRANTED IN PART and DENIED IN PART, as follows. Metrasens' Motion for Summary Judgment as to Plaintiff KDI's Lanham Act and Ohio tort claims (Counts I through IV) is DENIED. Metrasens' Motion to Exclude the testimony of Dr. Burke regarding KDI's actual damages is GRANTED IN PART and DENIED IN PART as set forth herein. Specifically, Metrasens' Motion to Exclude is granted as to Dr. Burke's testimony regarding the amount of KDI's alleged damages based on KDI's projected sales figures. However, Metrasens' Motion to Exclude is denied to the extent that, if KDI introduces admissible evidence at trial that it suffered a reasonably certain amount of projected damages as a result of Metrasens' advertisements, the Court will consider allowing Dr. Burke to testify regarding the capitalization of that amount of projected damages. Judge Pamela A. Barker on 11/19/2024. (P,K) (Entered: 11/19/2024) Memorandum Opinion and Order: For all the reasons set forth in this Order, Defendant Metrasens, Inc.'s Motion to Exclude Testimony of Plaintiff's Damages Expert and for Summary Judgment as to All Claims (Doc. No. [42] ) is GRANTED IN PART and DENIED IN PART, as follows. Metrasens' Motion for Summary Judgment as to Plaintiff KDI's Lanham Act and Ohio tort claims (Counts I through IV) is DENIED. Metrasens' Motion to Exclude the testimony of Dr. Burke regarding KDI's actual damages is GRANTED IN PART and DENIED IN PART as set forth herein. Specifically, Metrasens' Motion to Exclude is granted as to Dr. Burke's testimony regarding the amount of KDI's alleged damages based on KDI's projected sales figures. However, Metrasens' Motion to Exclude is denied to the extent that, if KDI introduces admissible evidence at trial that it suffered a reasonably certain amount of projected damages as a result of Metrasens' advertisements, the Court will consider allowing Dr. Burke to testify regarding the capitalization of that amount of projected damages. Judge Pamela A. Barker on 11/19/2024. (P,K) (Entered: 11/19/2024)
11/19/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Order [non-document] A telephonic status conference with lead counsel is set for December 4, 2024 at 1:30 p.m. Dial in information will be provided via separate email. Counsel shall be prepared to discuss the following: (1) the potential for mediation, in light of this Courts recent Memorandum Opinion & Order granting in part and denying in part Defendant's Motion for Summary Judgment and to Exclude testimony of Dr. Burke (Doc. No. [51] ); and (2) a briefing schedule regarding the potential applicability of the presumption of damages to Plaintiff's Lanham Act claim. To assist the Court, the parties shall submit a Joint Status Report regarding the above issues by no later than three (3) business days prior to the scheduled conference. The Status Reports need not be filed, but may be delivered via email to Barker_Chambers@ohnd.uscourts.gov. Judge Pamela A. Barker on 11/19/2024. (P,K) (Entered: 11/19/2024) Order [non-document] A telephonic status conference with lead counsel is set for December 4, 2024 at 1:30 p.m. Dial in information will be provided via separate email. Counsel shall be prepared to discuss the following: (1) the potential for mediation, in light of this Courts recent Memorandum Opinion & Order granting in part and denying in part Defendant's Motion for Summary Judgment and to Exclude testimony of Dr. Burke (Doc. No. [51] ); and (2) a briefing schedule regarding the potential applicability of the presumption of damages to Plaintiff's Lanham Act claim. To assist the Court, the parties shall submit a Joint Status Report regarding the above issues by no later than three (3) business days prior to the scheduled conference. The Status Reports need not be filed, but may be delivered via email to Barker_Chambers@ohnd.uscourts.gov. Judge Pamela A. Barker on 11/19/2024. (P,K) (Entered: 11/19/2024)
11/19/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Order [non-document] The Court wishes to address two matters. First, on October 2, 2024, the Court disclosed to counsel that Plaintiff's expert, Dr. John Burke, is known to the Court and how and when the Court came to know Dr. Burke. Counsel for Defendant, Attorney Michael Smith indicated that he would email Chambers by Monday, October 7, 2024 to confirm Defendant's position on the issue. On October 7, 2024, Attorney Smith emailed Chambers (and copied Plaintiff's counsel) to "confirm that Metrasens does not object to [the undersigned's] continued handling of this case." Second, the Court notes that Page 4 of the Trial Order (Doc. No. [50] ) issued in this case directs counsel to contact Dave Zendlo in the Court's IT Department with any questions regarding electronic exhibits. The Court hereby advises counsel that any questions regarding electronic exhibits should be directed, instead, to James Jones in the Court's IT department. Mr. Jones extension is 216-357-7052. Judge Pamela A. Barker on 11/19/2024. (P,K) (Entered: 11/19/2024) Order [non-document] The Court wishes to address two matters. First, on October 2, 2024, the Court disclosed to counsel that Plaintiff's expert, Dr. John Burke, is known to the Court and how and when the Court came to know Dr. Burke. Counsel for Defendant, Attorney Michael Smith indicated that he would email Chambers by Monday, October 7, 2024 to confirm Defendant's position on the issue. On October 7, 2024, Attorney Smith emailed Chambers (and copied Plaintiff's counsel) to "confirm that Metrasens does not object to [the undersigned's] continued handling of this case." Second, the Court notes that Page 4 of the Trial Order (Doc. No. [50] ) issued in this case directs counsel to contact Dave Zendlo in the Court's IT Department with any questions regarding electronic exhibits. The Court hereby advises counsel that any questions regarding electronic exhibits should be directed, instead, to James Jones in the Court's IT department. Mr. Jones extension is 216-357-7052. Judge Pamela A. Barker on 11/19/2024. (P,K) (Entered: 11/19/2024)
03/31/23	Design Engineering Inc v. Thermo Tec High Performance Automotive Inc 1:21-CV-01306 ( N.D. OH )	Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: # 1 Order)(M,CE) (Entered: 03/31/2023)