Kopp Development Inc

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CourtsC.D. California N.D. Ohio

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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)
10/02/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Trial Order: Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Jury Trial set for 3/18/2025 at 09:00 AM in Courtroom 16A, Final Pretrial Conference set for 2/11/2025 at 01:30 PM in Chambers 16A. Judge Pamela A. Barker on 10/2/2024. (P,K) (Entered: 10/02/2024)
10/02/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Minutes of proceedings[non-document] before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiff was Attorney Robert R. Terbrack, Jr. and participating on behalf of Defendant was Attorney Michael Thomas Smith. As an initial matter 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. Attorney Smith advised that he did not see an issue with the Court continuing to preside over this case but wanted some additional time to think about the issue and confer with his co-counsel. Attorney Smith indicated that he would email Chambers, and cc Plaintiff's counsel on the email, by Monday, October 7, 2024 to confirm Defendant's position on the issue. The Court and counsel agreed on a new trial date of March 18, 2024, and a new final pretrial date of February 11, 2024 at 1:30 p.m. in Chambers, Court Room 16A. All parties and those with settlement authority must be present. Separate Trial Order to issue. Time: 14 minutes. (P,K) (Entered: 10/02/2024) Minutes of proceedings[non-document] before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiff was Attorney Robert R. Terbrack, Jr. and participating on behalf of Defendant was Attorney Michael Thomas Smith. As an initial matter 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. Attorney Smith advised that he did not see an issue with the Court continuing to preside over this case but wanted some additional time to think about the issue and confer with his co-counsel. Attorney Smith indicated that he would email Chambers, and cc Plaintiff's counsel on the email, by Monday, October 7, 2024 to confirm Defendant's position on the issue. The Court and counsel agreed on a new trial date of March 18, 2024, and a new final pretrial date of February 11, 2024 at 1:30 p.m. in Chambers, Court Room 16A. All parties and those with settlement authority must be present. Separate Trial Order to issue. Time: 14 minutes. (P,K) (Entered: 10/02/2024)
09/17/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Order [non-document] For the convenience, and as required by this Court's Order dated August 26, 2021 (Doc. No. [14] -3 at p. 3), the parties are hereby ordered to submit courtesy copies of the summary judgment briefing and exhibits in this matter (i.e., Doc. Nos. [42] , [45] , and [47] , and all attached exhibits thereto) to Chambers 16A by no later than noon on September 23, 2024. Judge Pamela A. Barker on 9/17/2024. (P,K) (Entered: 09/17/2024) Order [non-document] For the convenience, and as required by this Court's Order dated August 26, 2021 (Doc. No. [14] -3 at p. 3), the parties are hereby ordered to submit courtesy copies of the summary judgment briefing and exhibits in this matter (i.e., Doc. Nos. [42] , [45] , and [47] , and all attached exhibits thereto) to Chambers 16A by no later than noon on September 23, 2024. Judge Pamela A. Barker on 9/17/2024. (P,K) (Entered: 09/17/2024)
08/19/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Order [non-document] The Court denies in part and grants in part Plaintiff's Motion for Leave to File Sur-Reply. (Doc. No. [49] .) Plaintiff may not file a sur-reply brief. However, to the extent that Defendant raised new arguments in its Reply brief, the Court will not consider them since "arguments made... for the first time in a reply brief are waived." Sanborn v. Parker, 629 F.3d 554, 579 (6th Cir. 2010). Judge Pamela A. Barker on 8/19/2024.(P,K) (Entered: 08/19/2024) Order [non-document] The Court denies in part and grants in part Plaintiff's Motion for Leave to File Sur-Reply. (Doc. No. [49] .) Plaintiff may not file a sur-reply brief. However, to the extent that Defendant raised new arguments in its Reply brief, the Court will not consider them since "arguments made... for the first time in a reply brief are waived." Sanborn v. Parker, 629 F.3d 554, 579 (6th Cir. 2010). Judge Pamela A. Barker on 8/19/2024.(P,K) (Entered: 08/19/2024)
08/16/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Motion for leave to File Sur-Reply Instanter filed by Plaintiff Kopp Development Inc. Related document(s) [47] . (Attachments: # [1] Exhibit A - Final Surreply)(Terbrack, Robert) (Entered: 08/16/2024)
08/15/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Motion to set an alternative date for Final Pretrial filed by Plaintiff Kopp Development Inc. (Terbrack, Robert) (Entered: 08/15/2024)
08/15/24	Kopp Development Inc v. Metrasens Inc 1:21-CV-01216 ( N.D. OH )	Order [non-document] The Court grants in part Plaintiff's unopposed Motion to Set an Alternative Date for Final Pretrial. (Doc. No. [48] .) Given Defendant's pending Motion for Summary Judgment (Doc. No. [42] ), the Court cancels the final pretrial conference set for September 30, 2024, and sets a telephone status conference for October 2, 2024, at 1:30 p.m. The parties should be prepared to discuss new dates for the final pretrial conference and the trial. Judge Pamela A. Barker on 8/15/2024.(P,K) (Entered: 08/15/2024) Order [non-document] The Court grants in part Plaintiff's unopposed Motion to Set an Alternative Date for Final Pretrial. (Doc. No. [48] .) Given Defendant's pending Motion for Summary Judgment (Doc. No. [42] ), the Court cancels the final pretrial conference set for September 30, 2024, and sets a telephone status conference for October 2, 2024, at 1:30 p.m. The parties should be prepared to discuss new dates for the final pretrial conference and the trial. Judge Pamela A. Barker on 8/15/2024.(P,K) (Entered: 08/15/2024)