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Entered | Case | Description |
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10/02/24 | ORDER REGARDING: JOINT STIPULATED ORDER OF DISMISSAL WITH PREJUDICE (DKT. [627] by Judge John A. Kronstadt. The Stipulated Order is GRANTED, as follows: All claims and counterclaims in this action between Plaintiff Epistar Corporation and Defendants Lowes Companies, Inc. and Lowe's Home Centers, LLC are dismissed WITH PREJUDICE, subject to the terms of the settlement agreement between the parties; and each party to bear its own costs, expenses and attorney's fees. IT IS SO ORDERED. (yl) (Entered: 10/02/2024) | |
09/30/24 | Joint STIPULATION to Dismiss Case pursuant to Settlement agreement filed by Plaintiff Epistar Corporation. (Attachments: # [1] Proposed Order)(Yoon, James) (Entered: 09/30/2024) | |
09/23/24 | ORDER REGARDING LOWE'S HOME CENTERS, LLC'S MOTION TO VACATE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(b) (DKT. [622] ) by Judge John A. Kronstad. Based on a review of Defendant Lowe's Home Centers, LLC's unopposed Motion to Vacate Pursuant to Federal Rule of Civil Procedure 60(b), the underlying orders (Dkts. 612 and 140), the other matters of record, and the balance of the equities, sufficient good cause has been shown for the requested relief. Accordingly, the Motion is GRANTED as follows: the Stipulated Final Judgement (Dkt. [612] ) and Claim Construction Order (Dkt. [140] ) are vacated. IT IS SO ORDERED. (yl) (Entered: 09/23/2024) | |
09/17/24 | NOTICE OF LODGING filed of Proposed Order re NOTICE OF MOTION AND MOTION to Vacate Judgment [612] , Minutes of In Chambers Order/Directive - no proceeding held [140] Unopposed Motion to Vacate [622] (Attachments: # [1] Proposed Order)(Jablon, Andrew) (Entered: 09/17/2024) | |
09/09/24 | (IN CHAMBERS) ORDER RE PROCEDURE TO VACATE PRIOR JUDGMENT by Judge John A. Kronstadt: Following a jury trial in this matter (Dkt. [600] ), and the resolution of post-trial matters, judgment was entered. Dkt. [617] . Defendant then filed an appeal with the Federal Circuit. Dkt. [619] . Recently, the parties a reached a settlement, and Defendant filed a motion with the Federal Circuit to remand the matter to this Court in order to present a motion here to vacate the judgment and the prior claim construction order. Dkt. [621] . The motion was unopposed. The Federal Circuit granted the motion to remand. Dkt. [621] . The mandate on that order issued on September 5, 2024. Prior to the issuance of the ruling by the Federal Circuit on the motion, Defendant filed an unopposed motion in this Court to vacate judgment on the same basis as the motion to remand it filed with the Federal Circuit. Dkt. [622] . Now that the mandate has issued, this Court may address the motion that has been filed in this Court. Based on a review of the memorandum filed in support of the motion, the Court intends to grant it. Accordingly, after a meet and confer process, Defendant shall lodge a proposed order granting the motion, and as well as a statement that all parties have agreed to its entry. Defendant shall do so on or before September 17, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY (Entered: 09/09/2024) | |
09/09/24 | MANDATE of Federal Circuit Court of Appeals filed re: CCA # 2024-1266. In accordance with the judgment of this Court, entered July 30, 2024, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. [See USCA Order, [621] IT IS ORDERED THAT:(1) The motion is granted to the extent that the case is remanded. In granting the motion, this court takes no position as to whether the district court should grant vacatur. (2) Each side shall bear its own costs. ](mat) (Entered: 09/09/2024) | |
07/31/24 | NOTICE OF MOTION AND MOTION to Vacate Judgment [612] , Minutes of In Chambers Order/Directive - no proceeding held [140] Unopposed Motion to Vacate filed by Defendant Lowes Home Centers, LLC. Motion set for hearing on 12/30/2024 at 10:30 AM before Judge John A. Kronstadt. (Jablon, Andrew) (Entered: 07/31/2024) | |
07/31/24 | ORDER from Federal Circuit Court of Appeals filed. CCA # 2024-1266. Lowe's Home Centers, LLC notifies the court that the parties have executed an agreement to settle this case and moves unopposed to remand for the purpose of seeking vacatur of the Markman Order and final judgment from the district court. Mot. at 4. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted to the extent that the case is remanded. In granting the motion, this court takes no position as to whether the district court should grant vacatur. (2) Each side shall bear its own costs. (mat) (Entered: 07/31/2024) | |
12/18/23 | NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 2024-1266 assigned to Notice of Appeal to Federal Circuit Court of Appeals, 619 as to Defendants Lowes Companies, Inc, Lowes Home Centers, LLC. (car) (Entered: 12/18/2023) | |
12/11/23 | NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by Defendant Lowes Companies, Inc, Lowes Home Centers, LLC. Appeal of Judgment 612, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Damages, 617 . (Appeal Fee - $605 Fee Paid, Receipt No. ACACDC-36552784.) (Jablon, Andrew) (Entered: 12/11/2023) |