LEWIS & WAGNER

Indiana

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Ex Parte Professional.
Cases6
Challenger50%
Patent Owner50%
NPE50%
Practice Areas
DesignMech Eng, ManufChemical
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Ex Parte Professional.
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L5
A
PTAB
L5
A
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L5
A

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Entered
Case
Description
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)
06/17/24
NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Closed Judgment) (AJG) (Entered: 06/17/2024)
STATEMENT Response to Defendant 3BTech Inc. s Statement of Material Facts as to Which No Genuine Issue Exists Pursuant to Local Rule 56.1 in Support of Defendants Motion for Summary Judgment of Noninfringement re [207] Statement filed by MercAsia USA LTD. (Denkenberger PHV, John)
RESPONSE to Motion re [205] MOTION for Summary Judgment of Noninfringement filed by MercAsia USA LTD. (Attachments: # [1] Index of Exhibits, # [2] Exhibit A, # [3] Exhibit B, # [4] Exhibit C, # [5] Exhibit D, # [6] Exhibit E, # [7] Exhibit F, # [8] Exhibit G, # [9] Exhibit H, # [10] Exhibit I, # [11] Exhibit J, # [12] Exhibit K, # [13] Exhibit L, # [14] Exhibit M, # [15] Exhibit N, # [16] Exhibit O)(Denkenberger PHV, John)
09/08/20
NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Stipulation of dismissal filed 09/03/2020, # 2 Order acknowledging dismissal filed 09/04/2020) (JDH) (Entered: 09/08/2020)