Tomy Intl Inc
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Entered | Case | Description |
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02/04/25 | MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/4/2025: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants TOMY's partial motion for summary judgment in part and denies it in part. The Court grants TOMY summary judgment of non-infringement regarding TOMY's four-ounce bottle insert and on Flipsi's request for lost profits damages. The Court otherwise denies TOMY's motion for summary judgment. In addition, the Court excludes Flipsi expert witness Harrington's testimony on lost profits damages but declines to exclude his testimony on breach of contract damages. Lastly, the Court denies Flipsi's motion to exclude Ronald Kemnitzer's anticipation opinion testimony. The Court directs the parties to meet and confer regarding an appropriate schedule for further proceedings and file a joint status report on February 18, 2025. A telephonic status hearing is set for February 25, 2025 at 9:10 a.m., using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 02/04/2025) | |
01/14/25 | JUDGMENT of the U.S. Court of Appeals for the Federal Circuit entered as to [144] Notice of Appeal filed by TOMY International, Inc. JUDGMENT. REVERSED-IN-PART, AFFIRMED-IN-PART, AND REMANDED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellee(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. 1060627 [MVH] (Hill, Cherelle) (Entered: 01/14/2025) | |
01/14/25 | OPINION of the U.S. Court of Appeals for the Federal Circuit entered as to [144] Notice of Appeal filed by TOMY International, Inc. OPINION filed for the court by Chen, Circuit Judge; Cunningham, Circuit Judge and Stark, Circuit Judge. Chen, Circuit Judge dissenting-in-part. Nonprecedential Opinion. Service as of this date by the Clerk of Court. 1060626 [MVH] (Hill, Cherelle) (Entered: 01/14/2025) | |
07/29/24 | SEALED DOCUMENT by Defendant TOMY International, Inc. L (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Kuo, Joseph) (Entered: 07/29/2024) | |
07/29/24 | MINUTE entry before the Honorable Young B. Kim: At the parties' request, the July 31, 2024 in-person settlement conference is rescheduled for October 4, 2024. The start time remains at 10:00 a.m. Given the rescheduling, the court urges the parties to continue to discuss settlement and not wait until the in-person conference. Mailed notice (ec) (Entered: 07/29/2024) | |
07/27/24 | SEALED RESPONSE by TOMY International, Inc. to MOTION by Defendant TOMY International, Inc. for summary judgment (Partial) 86 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Kuo, Joseph) (Entered: 07/27/2024) | |
07/27/24 | RULE 56.1 Statement of Undisputed Material Facts in Support of Partial Summary Judgment Statement by TOMY International, Inc. regarding motion for summary judgment 86 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Kuo, Joseph) (Entered: 07/27/2024) | |
07/26/24 | MINUTE entry before the Honorable Matthew F. Kennelly: Defendant is reminded of the Court's order of 7/25/2024 that "Defendant must file a complete version of its submission, including all exhibits, under seal, and a redacted version in the public record." See Dkt. no. 85. Defendant has instead filed a partial public-record version and separate individual sealed exhibits. See Dkt. nos. 87, 89, 90. This does not comply with the Court's order. Defendant's submission will be stricken unless it promptly complies with the Court's order. (mk) (Entered: 07/26/2024) | |
07/25/24 | SEALED EXHIBIT by Defendant TOMY International, Inc. Ex. O (Under Seal) regarding Rule 56 statement, 87 (Kuo, Joseph) (Entered: 07/25/2024) | |
07/25/24 | SEALED EXHIBIT by Defendant TOMY International, Inc. Ex. M (Under Seal) regarding Rule 56 statement, 87 (Kuo, Joseph) (Entered: 07/25/2024) |