Case number 2:23-cv-00446
BabyBjorn AB v. The Ergo Baby Carrier Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 26, 2025 | 210 | ORDER ON JOINT STIPULATION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 by Judge Andre Birotte Jr.: As provided in the parties' Stipulation for Dismissal Pursuant to Federal Rule of Civil Procedure 41 209 , this action, including all claims and counterclaims, is DISMISSED WITH PREJUDICE. Each party will bear its own attorney's fees and costs. (gk) (Entered: 08/28/2025) (1) |
| Aug 26, 2025 | 211 | ORDER from Federal Circuit Court of Appeals filed. CCA # 2025-1457. The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b). (2) Each side shall bear their own costs. ISSUED AS A MANDATE: August 26, 2025.(mat) (Entered: 08/29/2025) (2) |
| Aug 25, 2025 | 209 | Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41 filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order on Joint Stipulation Pursuant to Federal Rule of Civil Procedure 41)(Hales, Elliot) (Entered: 08/25/2025) (0) |
| May 9, 2025 | 208 | [In Chambers] Order Denying Defendant's Motion for Attorneys' Fees and Nontaxable Costs (Dkt. No. 192 ) by Judge Andre Birotte Jr: Finding this matter suitable for resolution without oral argument, the Court VACATED the hearing set for March 21, 2025. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. For the following reasons, the Court DENIES Defendant's Motion. See Order for further information. (es) (Entered: 05/12/2025) (9) |
| Mar 21, 2025 | 207 | NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123) 205 . The following error(s) was/were found: Incomplete docket text; missing name of event and text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 03/21/2025) (1) |
| Mar 19, 2025 | 206 | (IN CHAMBERS) ORDER TAKING DEFENDANTS MOTION (DKT. 192 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on 3/21/2025, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dta) TEXT ONLY ENTRY (Entered: 03/19/2025) (0) |
| Mar 17, 2025 | 205 | (Attorney Gregory S Tamkin added to party BabyBjorn AB(pty:pla))(Tamkin, Gregory) (Entered: 03/17/2025) (2) |
| Mar 7, 2025 | 204 | REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Nontaxable Costs 192 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 03/07/2025) (18) |
| Feb 21, 2025 | 202 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees and Nontaxable Costs 192 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit A)(Hales, Elliot) (Entered: 02/21/2025) (0) |
| Feb 20, 2025 | 203 | ORDER ON JOINT STIPULATION REGARDING DEFENDANT'S APPLICATION TO TAX COSTS by Judge Andre Birotte Jr.: The Court, having reviewed the Joint Stipulation 199 , hereby orders that the Clerk shall enter an award of taxable costs to Defendant in the amount of $34,875.11. No further briefing on the Application to Tax Costs 191 , 200 shall be required. (gk) (Entered: 02/22/2025) (3) |
| Feb 18, 2025 | 201 | NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 2025-1457 assigned to Notice of Appeal to Federal Circuit Court of Appeals, 197 as to plaintiff BabyBjorn AB. (mat) (Entered: 02/19/2025) (4) |
| Feb 17, 2025 | 200 | Amended APPLICATION to the Clerk to Tax Costs against Plaintiff BabyBjorn AB filed by Defendant The Ergo Baby Carrier Inc.. (Meriwether, Luke) (Entered: 02/17/2025) (7) |
| Feb 14, 2025 | 198 | In their Joint Report (Dkt. No. 186 ), the parties informed the Court that no information in the Courts Order regarding Daubert and Summary Judgment Motions (Dkt. No. 184 ) needs to remain sealed. Therefore, the Court ORDERS that Dkt. No. 184 be UNSEALED. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dta) TEXT ONLY ENTRY (Entered: 02/14/2025) (0) |
| Feb 14, 2025 | 199 | STIPULATION for Costs against BabyBjorn AB filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order)(Hales, Elliot) (Entered: 02/14/2025) (0) |
| Feb 12, 2025 | 197 | Notice of Appeal* (1) |
| Feb 7, 2025 | 196 | ORDER ON STIPULATION TO RE-NOTICE HEARING ON MOTION FOR ATTORNEYS' FEES AND NON-TAXABLE COSTS AND SET BRIEFING SCHEDULE by Judge Andre Birotte Jr. 195 The Court APPROVES the parties' Stipulation to Re-Notice Hearing on Motion for Attorneys' Fees and Non-Taxable Costs and Set Briefing Schedule and orders: 1. The hearing on Defendant's Motion for Attorneys' Fees and Taxable Costs is RESET for March 21, 2025, at 10:00 a.m. [See Order for further details.] (san) (Entered: 02/10/2025) (3) |
| Feb 5, 2025 | 195 | STIPULATION to Continue Hearing on Motion for Fees and Non-Taxable Costs and Set Briefing Schedule from February 28, 2025 to March 21, 2025 filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order)(Hales, Elliot) (Entered: 02/05/2025) (0) |
| Jan 31, 2025 | 191 | APPLICATION to the Clerk to Tax Costs against Plaintiff BabyBjorn AB filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Declaration of Luke M. Meriwether, # 2 Schedule A - Costs for Transcripts, # 3 Exhibit A, # 4 Schedule B - Interpreter Fees, # 5 Exhibit B, # 6 Schedule C - Reproduction of Documents, # 7 Exhibit C, # 8 Schedule D - Other Costs, # 9 Exhibit D) (Meriwether, Luke) (Entered: 01/31/2025) (0) |
| Jan 31, 2025 | 192 | NOTICE OF MOTION AND MOTION for Attorney Fees and Nontaxable Costs filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 2/28/2025 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (McCallon, Travis) (Entered: 01/31/2025) (0) |
| Jan 31, 2025 | 193 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Nontaxable Costs 192 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 01/31/2025) (28) |
| Jan 31, 2025 | 194 | DECLARATION of Luke M. Meriwether in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Nontaxable Costs 192 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit 1 - January 20, 2023 Letter, # 2 Exhibit 2 - February 10, 2023 Letter)(McCallon, Travis) (Entered: 01/31/2025) (0) |
| Jan 13, 2025 | 190 | FINAL JUDGMENT by Judge Andre Birotte Jr.: The Court hereby enters FINAL JUDGMENT of noninfringement in favor of Defendant Ergobaby and against Plaintiff BabyBjorn on all of Plaintiff's asserted claims of infringement of the Asserted Patent and Defendant's defenses/counterclaims of noninfringement of the Asserted Patent. It is further ORDERED, ADJUDGED, and DECREED that Ergobaby's remaining counterclaims for invalidity of the Asserted Patent are hereby dismissed without prejudice. This is a final judgment, and all other requested relief is denied; provided, however, this is without prejudice to any application or motion for costs or attorney's fees. (gk) (Entered: 01/17/2025) (2) |
| Dec 19, 2024 | 189 | OBJECTIONS to Notice of Lodging 187 Defendant's Proposed Final Judgment filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 12/19/2024) (3) |
| Dec 16, 2024 | 187 | NOTICE OF LODGING filed (of Proposed Final Judgment) re Order on Motion to Exclude, Order on Motion for Summary Judgment,,,, 184 (Attachments: # 1 Proposed Order (Proposed) Final Judgment)(McCallon, Travis) (Entered: 12/16/2024) (0) |
| Dec 16, 2024 | 188 | TRANSCRIPT ORDER as to Plaintiff BabyBjorn AB for Court Reporter. Court will contact Sherri Stucki at stucki.sherri@dorsey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hales, Elliot) (Entered: 12/16/2024) (1) |
| Dec 13, 2024 | 186 | STATEMENT (Joint) Regarding Sealed Record re: Order on Motion to Exclude, Order on Motion for Summary Judgment,,,, 184 . (McCallon, Travis) (Entered: 12/13/2024) (4) |
| Dec 10, 2024 | 185 | SEALED - REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm) (Entered: 12/10/2024) (0) |
| Dec 6, 2024 | 184 | MINUTES [In Chambers] Order regarding Daubert and Summary Judgment Motions (Dkt Nos. 74, 79, 82, 90, 99, 104) (bm) [DOCUMENT UNSEALED PER TEXT ONLY ENTRY ON 2/14/2025, SEE DOCKET NO. 198] Modified on 2/14/2025 (gk). (Entered: 12/10/2024) (16) |
| Nov 15, 2024 | 164 | Opposition re: MOTION IN LIMINE #1 to Limit Plaintiff's Infringement Case it Intends to Present at Trial to One Representative Patent Claim 145 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/15/2024) (5) |
| Nov 15, 2024 | 165 | Opposition re: MOTION IN LIMINE #2 to Preclude Plaintiff from Offering Evidence or Testimony Regarding Ergobaby's decision regarding legal advise, opinion of counsel 147 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/15/2024) (6) |
| Nov 15, 2024 | 166 | Opposition re: MOTION IN LIMINE #3 to Exclude Johanna Palm from testifying at trial and exclude settlement agreements from evidence at trial 152 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/15/2024) (10) |
| Nov 15, 2024 | 167 | DECLARATION of Elliot Hales In Opposition MOTION IN LIMINE #3 to Exclude Johanna Palm from testifying at trial and exclude settlement agreements from evidence at trial 152 filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Exhibit A - Excerpts of Ekstrom Deposition, # 2 Exhibit B - Ex. 1011, Ekstrom Deposition)(Miller, Mark) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 168 | STATEMENT Proposed Joint Statement of the Case filed by Plaintiff BabyBjorn AB (Miller, Mark) (Entered: 11/15/2024) (3) |
| Nov 15, 2024 | 169 | Proposed Voir Dire Questions filed by Plaintiff BabyBjorn AB.. (Miller, Mark) (Entered: 11/15/2024) (15) |
| Nov 15, 2024 | 170 | NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order)(Miller, Mark) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 171 | MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Preclude Ergo Baby from Discussing or Introducing Evidence that Testimony or Opinions Offered by Any Expert May Have Been Criticized, Excluded, or Found Unreliable in this or Another Forum 138 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/15/2024) (6) |
| Nov 15, 2024 | 172 | MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Preclude Introduction of Prior Art and Theories Not Relied on in Expert Invalidity Report 140 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/15/2024) (7) |
| Nov 15, 2024 | 173 | DECLARATION of Travis W. McCallon re MEMORANDUM in Opposition to Motion 172 in Limine No. 4 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit 1 - Email exchange between counsel, # 2 Exhibit 2 - Invalidity Chart)(McCallon, Travis) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 174 | MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Preclude Testimony or Argument Making Improper Comparisons with Accused Product for Purposes of Non-Infringement 137 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/15/2024) (9) |
| Nov 15, 2024 | 175 | Proposed Voir Dire Questions filed by Defendant The Ergo Baby Carrier Inc... (McCallon, Travis) (Entered: 11/15/2024) (6) |
| Nov 15, 2024 | 176 | PROPOSED JURY VERDICT filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Exhibit A - BabyBjorn's Proposed Verdict Form, # 2 Exhibit B - Proposed Verdict Form of Ergo Baby)(Miller, Mark) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 177 | PROPOSED JURY INSTRUCTIONS filed by Plaintiff BabyBjorn AB.. (Miller, Mark) (Entered: 11/15/2024) (30) |
| Nov 15, 2024 | 178 | PROPOSED JURY INSTRUCTIONS (Disputed set) filed by Plaintiff BabyBjorn AB.. (Miller, Mark) (Entered: 11/15/2024) (30) |
| Nov 15, 2024 | 179 | MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Permit Witness to Testify Via Videoconference 139 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/15/2024) (10) |
| Nov 15, 2024 | 180 | DECLARATION of Eric D. Sidler re MEMORANDUM in Opposition to Motion 179 in Limine No. 3 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Redacted Document Ex 1 - Excerpts of the Depo Testimony of H. Berkgvist, # 2 Exhibit 2 - Pltfs Amnd Initial Disclosures, # 3 Exhibit 3 - February 9, 2024 Email)(McCallon, Travis) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 181 | APPLICATION to file document Ex. 1 to the Declaration of Eric Sidler in Support of Ergobaby's Opposition to Plaintiff's Motion in Limine No. 3 under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Ex 1 - Excerpts of the Depo Testimony of H. Berkgvist)(McCallon, Travis) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 182 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ex. 1 to the Declaration of Eric Sidler in Support of Ergobaby's Opposition to Plaintiff's Motion in Limine No. 3 under seal 181 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Ex 1 - Excerpts of the Depo Testimony of H. Berkgvist)(McCallon, Travis) (Entered: 11/15/2024) (0) |
| Nov 15, 2024 | 183 | PROOF OF SERVICE filed by Defendant The Ergo Baby Carrier Inc., re Sealed Declaration in SupportDeclaration, 182 served on November 15, 2024. (Meriwether, Luke) (Entered: 11/15/2024) (3) |
| Nov 11, 2024 | 160 | EXHIBIT Proposed Order to MOTION IN LIMINE (#1) to Preclude Testimony or Argument Making Improper Comparisons with Accused Product for Purposes of Non-Infringement 137 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/11/2024) (2) |
| Nov 11, 2024 | 161 | EXHIBIT Proposed Order to MOTION IN LIMINE (#2) to Preclude Ergo Baby from Discussing or Introducing Evidence that Testimony or Opinions Offered by Any Expert May Have Been Criticized, Excluded, or Found Unreliable in this or Another Forum 138 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/11/2024) (2) |
| Nov 11, 2024 | 162 | EXHIBIT Proposed Order to MOTION IN LIMINE (#3) to Permit Witness to Testify Via Videoconference 139 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/11/2024) (2) |
| Nov 11, 2024 | 163 | EXHIBIT Proposed Order to MOTION IN LIMINE (#4) to Preclude Introduction of Prior Art and Theories Not Relied on in Expert Invalidity Report 140 filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/11/2024) (2) |
| Nov 8, 2024 | 137 | NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Testimony or Argument Making Improper Comparisons with Accused Product for Purposes of Non-Infringement filed by Plaintiff BabyBjorn AB. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr.(Miller, Mark) (Entered: 11/08/2024) (6) |
| Nov 8, 2024 | 138 | NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Ergo Baby from Discussing or Introducing Evidence that Testimony or Opinions Offered by Any Expert May Have Been Criticized, Excluded, or Found Unreliable in this or Another Forum filed by Plaintiff BabyBjorn AB. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr.(Miller, Mark) (Entered: 11/08/2024) (6) |
| Nov 8, 2024 | 139 | NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Permit Witness to Testify Via Videoconference filed by Plaintiff BabyBjorn AB. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Exhibit A)(Miller, Mark) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 140 | NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Introduction of Prior Art and Theories Not Relied on in Expert Invalidity Report filed by Plaintiff BabyBjorn AB. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Miller, Mark) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 141 | STATUS REPORT Joint Stipulated Status Report Regarding Settlement filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/08/2024) (4) |
| Nov 8, 2024 | 142 | JOINT Exhibit List filed by Plaintiff BabyBjorn AB.. (Miller, Mark) (Entered: 11/08/2024) (30) |
| Nov 8, 2024 | 143 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff BabyBjorn AB. (Miller, Mark) (Entered: 11/08/2024) (14) |
| Nov 8, 2024 | 144 | Witness List filed by Plaintiff BabyBjorn AB.. (Miller, Mark) (Entered: 11/08/2024) (4) |
| Nov 8, 2024 | 145 | NOTICE OF MOTION AND MOTION IN LIMINE #1 to Limit Plaintiff's Infringement Case it Intends to Present at Trial to One Representative Patent Claim filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 146 | MEMORANDUM in Support of MOTION IN LIMINE #1 to Limit Plaintiff's Infringement Case it Intends to Present at Trial to One Representative Patent Claim 145 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/08/2024) (6) |
| Nov 8, 2024 | 147 | NOTICE OF MOTION AND MOTION IN LIMINE #2 to Preclude Plaintiff from Offering Evidence or Testimony Regarding Ergobaby's decision regarding legal advise, opinion of counsel filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 148 | MEMORANDUM in Support of MOTION IN LIMINE #2 to Preclude Plaintiff from Offering Evidence or Testimony Regarding Ergobaby's decision regarding legal advise, opinion of counsel 147 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/08/2024) (9) |
| Nov 8, 2024 | 149 | DECLARATION of Luke M. Meriwether in Support of MOTION IN LIMINE #2 to Preclude Plaintiff from Offering Evidence or Testimony Regarding Ergobaby's decision regarding legal advise, opinion of counsel 147 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit A - Ergo Baby's Second Supplemental Answers to Plaintiff's First Set of Interrogatories, # 2 Redacted Document B - Transcript Excerpts from the Depo of J. Frame, # 3 Exhibit C - BabyBjorn AB's Amended Infringement Contentions, # 4 Exhibit D - Transcript Excerpts from the Depo of E. Childs)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 150 | APPLICATION to file document Ex. B to the Declaration of Luke Meriwether in Support of Defendant's MIL #2 under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document B - Transcript Excerpts from the Depo of J. Frame (Redacted))(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 151 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ex. B to the Declaration of Luke Meriwether in Support of Defendant's MIL #2 under seal 150 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Ex B - Transcript Excerpts from the Depo of J. Frame)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 152 | NOTICE OF MOTION AND MOTION IN LIMINE #3 to Exclude Johanna Palm from testifying at trial and exclude settlement agreements from evidence at trial filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 12/13/2024 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 153 | MEMORANDUM in Support of MOTION IN LIMINE #3 to Exclude Johanna Palm from testifying at trial and exclude settlement agreements from evidence at trial 152 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/08/2024) (9) |
| Nov 8, 2024 | 154 | DECLARATION of Eric D. Sidler in Support of MOTION IN LIMINE #3 to Exclude Johanna Palm from testifying at trial and exclude settlement agreements from evidence at trial 152 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit A - BabyBjorn's Second Supp Initial Disclosures, # 2 Exhibit B - BabyBjorn's Responses and Objections to Notice of R. 30(b)(6) Deposition, # 3 Redacted Document C - Transcript Excerpts from the Depo of T. Ekstrom, # 4 Exhibit D - Oct. 28, 2024 Email from E. Hales with Plaintiff's witness list, # 5 Exhibit E - Johanna Palm LinkedIn Profile, # 6 Redacted Document F - BAB_036491 96, # 7 Redacted Document G - BAB_036497 500, # 8 Redacted Document H - BAB_036501 03, # 9 Exhibit I - BabyBjorn UK Limited filing)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 155 | APPLICATION to file document Exhs C and F-H to the Declaration of Eric Sidler in Support of Defendant's MIL #3 under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document C - Transcript Excerpts from the Depo of T. Ekstrom, # 3 Redacted Document F - BAB_036491 96, # 4 Redacted Document G - BAB_036497 500, # 5 Redacted Document H - BAB_036501 03)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 156 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhs C and F-H to the Declaration of Eric Sidler in Support of Defendant's MIL #3 under seal 155 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Memorandum in Support of Ergobaby's MIL #3, # 2 Unredacted Document C - Transcript Excerpts from the Depo of T. Ekstrom, # 3 Unredacted Document F - BAB_036491 96, # 4 Unredacted Document G - BAB_036497 500, # 5 Unredacted Document H - BAB_036501 03)(McCallon, Travis) (Entered: 11/08/2024) (0) |
| Nov 8, 2024 | 157 | Witness List filed by Defendant The Ergo Baby Carrier Inc... (McCallon, Travis) (Entered: 11/08/2024) (13) |
| Nov 8, 2024 | 158 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 11/08/2024) (17) |
| Nov 8, 2024 | 159 | PROOF OF SERVICE filed by Defendant The Ergo Baby Carrier Inc., re Sealed Declaration in SupportDeclaration,, 156 , Sealed Declaration in SupportDeclaration, 151 served on November 8, 2024. (Meriwether, Luke) (Entered: 11/08/2024) (3) |
| Nov 7, 2024 | 136 | NOTICE of Appearance filed by attorney Maral J. Shoaei on behalf of Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB (Attorney Maral J. Shoaei added to party BabyBjorn AB(pty:pla), Attorney Maral J. Shoaei added to party BabyBjorn AB(pty:cd))(Shoaei, Maral) (Entered: 11/07/2024) (2) |
| Sep 19, 2024 | 135 | RESPONSE filed by Defendant The Ergo Baby Carrier Inc.to Supplement(Motion related), 134 to Plaintiff's Notice of Supplemental Authority Re: Summary Judgment Motions (McCallon, Travis) (Entered: 09/19/2024) (5) |
| Sep 18, 2024 | 134 | SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 , NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Mark) (Entered: 09/18/2024) (0) |
| Sep 13, 2024 | 133 | MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiff's Notice of Motion and Motion to Exclude Certain Opinions of Candice K. Q. Cornelius 74 ; Plaintiff's Notice of Motion and Motion for Summary Judgment 79 ; Plaintiff's Notice of Motion and Motion to Exclude Noninfringement Opinions of Matthew Ransil 82 ; The Ergo Baby Carrier, Inc.'s Notice of Motion and Motion to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. 90 ; The Ergo Baby Carrier, Inc.'s Notice of Motion and Motion to Exclude Expert Opinions and Testimony of Philip W. Kline 99 ; The Ergo Baby Carrier, Inc.'s Notice of Motion and Motion for Summary Judgment or, Alternatively, Partial Summary Judgment 104 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Laura Elias. (gk) (Entered: 09/13/2024) (1) |
| Aug 27, 2024 | 122 | REPLY in Support NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. 90 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 08/27/2024) (19) |
| Aug 27, 2024 | 123 | REPLY in Support of NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Philip W. Kline 99 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (Sidler, Eric) (Entered: 08/27/2024) (21) |
| Aug 27, 2024 | 124 | DECLARATION of Eric D. Sidler re Reply (Motion related) 123 in Support of Motion to Exclude Expert Opinions and Testimony of Philip W. Kline filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Redacted Document Ex. H, # 2 Redacted Document Ex. I, # 3 Redacted Document Ex. J)(Sidler, Eric) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 125 | APPLICATION to file document Ergobaby's Reply in Support of Motion to Exclude Expert Opinions and Testimony of Philip W. Kline and Exhibits H-J under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Ergobaby's Reply in Support of Motion to Exclude Philip Kline, # 3 Redacted Document Ex. H, # 4 Redacted Document Ex. I, # 5 Redacted Document Ex. J)(Sidler, Eric) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 126 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ergobaby's Reply in Support of Motion to Exclude Expert Opinions and Testimony of Philip W. Kline and Exhibits H-J under seal 125 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Ergobaby's Reply in Support of Motion to Exclude Philip Kline, # 2 Unredacted Document Ex H - Ekstrom Depo Excerpts, # 3 Unredacted Document Ex I - Kline Depo Excerpts, # 4 Unredacted Document Ex J - EB_0001341-1370)(Sidler, Eric) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 127 | REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 08/27/2024) (21) |
| Aug 27, 2024 | 128 | STATEMENT Rule 56 Responses to Statement of Genuine Disputes of Material Fact filed by Defendant The Ergo Baby Carrier Inc. (Redacted Document) re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 . (McCallon, Travis) (Entered: 08/27/2024) (30) |
| Aug 27, 2024 | 129 | DECLARATION of Travis W. McCallon re Reply (Motion related) 127 in Support of the Ergo Baby Carrier, Inc.'s Reply in Support of Motion for Summary Judgment or, Alternatively, Partial Summary Judgment filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Redacted Document Ex. 25)(McCallon, Travis) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 130 | APPLICATION to file document Ergo Baby Carrier, Inc.'s Reply in Support of Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, Rule 56 Responses to BabyBjorn's Statement of Genuine Disputes and Exhibit 25 under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Ergobaby's Reply in Support of Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, # 3 Redacted Document Ergobaby's Rule 56 Responses to Statement of Genuine Disputes of Material Fact, # 4 Redacted Document Ex. 25 - Kline Depo Excerpts)(McCallon, Travis) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 131 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ergo Baby Carrier, Inc.'s Reply in Support of Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, Rule 56 Responses to BabyBjorn's Statement of Genuine Disputes and Exhibit 25 under 130 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Ergobaby's Reply in Support of Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, # 2 Unredacted Document Ergobaby's Rule 56 Responses to Statement of Genuine Disputes of Material Fact, # 3 Unredacted Document Ex 25 - Kline Depo Excerpts)(McCallon, Travis) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 132 | PROOF OF SERVICE filed by Defendant The Ergo Baby Carrier Inc., re Sealed Declaration in SupportDeclaration,, 126 , Sealed Declaration in SupportDeclaration,, 131 served on August 27, 2024. (Meriwether, Luke) (Entered: 08/27/2024) (3) |
| Aug 20, 2024 | 114 | RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Exclude Non-Infringement Opinions of Matthew Ransil 82 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/20/2024) (22) |
| Aug 20, 2024 | 115 | OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. 90 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/20/2024) (30) |
| Aug 20, 2024 | 116 | OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Philip W. Kline 99 Redacted filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/20/2024) (30) |
| Aug 20, 2024 | 117 | OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 , NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/20/2024) (30) |
| Aug 20, 2024 | 118 | STATEMENT of Genuine Disputes and Response to Defendant's Statement of Genuine Disputes NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 , NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/20/2024) (30) |
| Aug 20, 2024 | 119 | RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Exclude Certain Opinions of Candice K.Q. Cornelius 74 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/20/2024) (21) |
| Aug 20, 2024 | 120 | DECLARATION of Elliot J. Hales In Support of Plaintiff's Oppositions to Defendant's Motions for Summary Judgment and to Exclude Testimony and Opinions of Kimberly K. Cameron, Ph.D. and Philip W. Kline NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 , NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. 90 , NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Philip W. Kline 99 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit A (Redacted), # 2 Exhibit B (Redacted), # 3 Exhibit C (Redacted), # 4 Exhibit D (Redacted), # 5 Exhibit E (Redacted), # 6 Exhibit F (Redacted), # 7 Exhibit G (Redacted), # 8 Exhibit H (Redacted), # 9 Exhibit I (Redacted), # 10 Exhibit J, # 11 Exhibit K (Redacted), # 12 Exhibit L (Redacted))(Hales, Elliot) (Entered: 08/20/2024) (0) |
| Aug 20, 2024 | 121 | APPLICATION to file document under seal filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Declaration of Elliot Hales, # 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 Proposed Order)(Hales, Elliot) (Entered: 08/20/2024) (0) |
| Aug 9, 2024 | 113 | DECLARATION of Elliot J. Hales re APPLICATION to file document (Defendant's Memorandum in Opposition to Plaintiff's Motion to Exclude Opinions of Candice K.Q. Cornelius and Exhibits A-D ) under seal 97 , APPLICATION to file document Ergobaby's Memorandum in Support of Motion to Exclude Expert Opinions and Testimony of Philip W. Kline and Exhibits A-G under seal 102 , APPLICATION to file document Ergobaby's Memorandum of Points and Authorities in Support of Motion for Summary Judgment, Rule 56 Statement of Uncontroverted Facts in Support of its Motion for Summary Judgment and Statement of Disputed Facts in 110 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Hales, Elliot) (Entered: 08/09/2024) (6) |
| Aug 6, 2024 | 90 | NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 9/13/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 91 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. 90 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 08/06/2024) (27) |
| Aug 6, 2024 | 92 | DECLARATION of Travis W. McCallon in Support of NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Kimberly Cameron, Ph.D. 90 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit 1 - Excerpts from the Expert Report of Kimberly Cameron, # 2 Exhibit 2 - Excerpts from the Rebuttal Expert Report of Kimberly Cameron, # 3 Exhibit 3 - Transcript excerpts from the deposition of Kimberly Cameron)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 93 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Exclude Non-Infringement Opinions of Matthew Ransil 82 filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 08/06/2024) (30) |
| Aug 6, 2024 | 94 | DECLARATION of Luke M. Meriwether re MEMORANDUM in Opposition to Motion 93 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit 1 - US Pat. No. 7779490, # 2 Exhibit 2 - Transcript excerpts from the deposition of K. Cameron, # 3 Exhibit 3 - Excerpts from the Expert Report of K. Cameron, # 4 Exhibit 4 - Excerpts from the Rebuttal Expert Report of M. Ransil, # 5 Exhibit 5 - Transcript excerpts from the deposition of M. Ransil)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 95 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Exclude Certain Opinions of Candice K.Q. Cornelius 74 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (Sidler, Eric) (Entered: 08/06/2024) (26) |
| Aug 6, 2024 | 96 | DECLARATION of Eric D. Sidler re MEMORANDUM in Opposition to Motion 95 to Exclude Candice K.Q. Cornelius filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit A - Excerpts from C. Cornelius Rebuttal Rpt (Redacted), # 2 Exhibit B - Transcript Excerpts from the Depo of C. Cornelius (Redacted), # 3 Exhibit C - Excerpts from the Expert Report of Philip Kline (Redacted), # 4 Exhibit D - Transcript Excerpts from the Depo of P. Kline (Redacted))(Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 97 | APPLICATION to file document (Defendant's Memorandum in Opposition to Plaintiff's Motion to Exclude Opinions of Candice K.Q. Cornelius and Exhibits A-D ) under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Redacted Document, # 4 Redacted Document, # 5 Redacted Document, # 6 Redacted Document)(Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 98 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Defendant's Memorandum in Opposition to Plaintiff's Motion to Exclude Opinions of Candice K.Q. Cornelius and Exhibits A-D ) under seal 97 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Memorandum in Opposition to Plaintiff's Motion to Exclude Opinions of Candice Cornelius, # 2 Unredacted Document Ex A, # 3 Unredacted Document Ex B, # 4 Unredacted Document Ex C, # 5 Unredacted Document Ex D)(Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 99 | NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Philip W. Kline filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 9/13/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 100 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Philip W. Kline 99 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (Sidler, Eric) (Entered: 08/06/2024) (30) |
| Aug 6, 2024 | 101 | DECLARATION of Eric D. Sidler in Support of NOTICE OF MOTION AND MOTION to Exclude Expert Opinions and Testimony of Philip W. Kline 99 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit A - Excerpts from the Expert Report of P. Kline (Redacted), # 2 Exhibit B - Supplemental Expert Report and supplemental appendix of Phillip Kline (Redacted), # 3 Exhibit C - Second Supplemental Expert Report of Philip Kline (Redacted), # 4 Exhibit D - Transcript Excerpts from the deposition of Philip Kline (Redacted), # 5 Exhibit E - Excerpts of the Rebuttal Expert Report of Candice Cornelius (Redacted), # 6 Exhibit F - Transcript Excerpts from the deposition of Thomas Ekstrom (Redacted), # 7 Exhibit G - Opportunity Brief (Redacted))(Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 102 | APPLICATION to file document Ergobaby's Memorandum in Support of Motion to Exclude Expert Opinions and Testimony of Philip W. Kline and Exhibits A-G under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Redacted Document, # 4 Redacted Document, # 5 Redacted Document, # 6 Redacted Document, # 7 Redacted Document, # 8 Redacted Document, # 9 Redacted Document)(Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 103 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ergobaby's Memorandum in Support of Motion to Exclude Expert Opinions and Testimony of Philip W. Kline and Exhibits A-G under seal 102 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Memorandum in Support of Ergobaby's Motion to Exclude P. Kline, # 2 Unredacted Document Ex A, # 3 Unredacted Document Ex B, # 4 Unredacted Document Ex C, # 5 Unredacted Document Ex D, # 6 Unredacted Document Ex E, # 7 Unredacted Document Ex F, # 8 Exhibit Ex G)(Sidler, Eric) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 104 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity filed by Defendant The Ergo Baby Carrier Inc.. Motion set for hearing on 9/13/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 105 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 08/06/2024) (30) |
| Aug 6, 2024 | 106 | STATEMENT of Rule 56 Statement of Uncontroverted Facts in Support of Ergobaby's Motion for Summary Judgment and Statement of Disputed Facts in Response to BabyBjorn's Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 , NOTICE OF MOTION AND MOTION for Summary Judgment 79 (Redacted Document) filed by Defendant The Ergo Baby Carrier Inc.. (McCallon, Travis) (Entered: 08/06/2024) (30) |
| Aug 6, 2024 | 107 | DECLARATION of Travis W. McCallon in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit 1 - Pat. No. 7,779,490, # 2 Redacted Document Ex 2 - Bergkvist Depo Excerpts, # 3 Redacted Document Ex 3 - Klasson Depo Excerpts, # 4 Exhibit 4 - Images of bouncer, # 5 Redacted Document Ex. 5 - Westerstad Depo Excertps, # 6 Exhibit 6 - Cameron Depo Excerpts, # 7 Exhibit 7 - Expert Rpt of K. Cameron, # 8 Exhibit 8 (Placeholder only), # 9 Redacted Document Ex 9 - Excerpts from P. Kline expert report, # 10 Redacted Document Ex 10 - Supplemental Expert Report and Appendix of P. Kline, # 11 Redacted Document Ex 11 - Second Supplemental Expert Report of P. Kline, # 12 Redacted Document Ex 12 - Ekstrom Depo Excerpts, # 13 Redacted Document Ex 13 - P. Kline Depo Excerpts, # 14 Exhibit 14 - Excerpts from Pltfs 2nd Amnd Initial Validity and DOE Contentions, # 15 Redacted Document Ex 15 - Sales Agreement, # 16 Redacted Document Ex 16 - Excerpts from Defs 2nd Supp Rsps to Pltfs 1st Interrs, # 17 Exhibit 17 - Excerpts from the Rebuttal Report of Kimberly Cameron, # 18 Exhibit 18 - U.S. Patent No. 11,576,499, # 19 Exhibit 19 - BabyBjorn Initial Infringement Contentions, # 20 Redacted Document Ex 20 - Assembly Drawing, # 21 Redacted Document Ex 21 - Email and Category Plan Bouncers, # 22 Redacted Document Ex 22 - Evolve Bill of Materials, # 23 Redacted Document Ex 23 - Drawing, # 24 Exhibit 24 - Ransil Depo Excerpts)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 108 | DECLARATION of Matthew Ransil in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Exhibit 100 - Opening Expert Report of Matthew Ransil, # 2 Exhibit 101 - Rebuttal Expert Report of Matthew Ransil)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 109 | DECLARATION of Candice K.Q. Cornelius, CPA in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Noninfringment, Invalidity 104 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Redacted Document Ex 102 - Rebuttal Expert Report of Candice K.Q. Cornelius, CPA)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 110 | APPLICATION to file document Ergobaby's Memorandum of Points and Authorities in Support of Motion for Summary Judgment, Rule 56 Statement of Uncontroverted Facts in Support of its Motion for Summary Judgment and Statement of Disputed Facts in Response to BabyBjorn's Motion for Summary Judgment, and Exhs 2-3, 5, 9-13, 15-16 and 20-23 in support under seal filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Redacted Document, # 4 Redacted Document, # 5 Redacted Document, # 6 Redacted Document, # 7 Redacted Document, # 8 Redacted Document, # 9 Redacted Document, # 10 Redacted Document, # 11 Redacted Document, # 12 Redacted Document, # 13 Redacted Document, # 14 Redacted Document, # 15 Redacted Document, # 16 Redacted Document, # 17 Redacted Document)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 111 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ergobaby's Memorandum of Points and Authorities in Support of Motion for Summary Judgment, Rule 56 Statement of Uncontroverted Facts in Support of its Motion for Summary Judgment and Statement of Disputed Facts in 110 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Unredacted Document Memorandum in Support of Motion for Summary Judgment, # 2 Unredacted Document Rule 56 Statement of Uncontroverted Facts and Statement of Disputed Facts, # 3 Unredacted Document Ex 2, # 4 Unredacted Document Ex 3, # 5 Unredacted Document Ex 5, # 6 Unredacted Document Ex 9, # 7 Unredacted Document Ex 10, # 8 Unredacted Document Ex 11, # 9 Unredacted Document Ex 12, # 10 Unredacted Document Ex 13, # 11 Unredacted Document Ex 15, # 12 Unredacted Document Ex 16, # 13 Unredacted Document Ex 20, # 14 Unredacted Document Ex 21, # 15 Unredacted Document Ex 22, # 16 Unredacted Document Ex 23, # 17 Unredacted Document Ex 102)(McCallon, Travis) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 112 | PROOF OF SERVICE filed by Defendant The Ergo Baby Carrier Inc., re Sealed Declaration in SupportDeclaration,,,, 111 , Sealed Declaration in SupportDeclaration,, 103 , Sealed Declaration in SupportDeclaration,, 98 served on August 6, 2024. (Meriwether, Luke) (Entered: 08/06/2024) (3) |
| Aug 5, 2024 | 89 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: GRANTING 88 Non-Resident Attorney Shannon Bjorklund APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB, designating Jessica M. Leano as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt) (Entered: 08/05/2024) (0) |
| Aug 2, 2024 | 88 | APPLICATION of Non-Resident Attorney Shannon Bjorkund to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37955382) filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order Bjorkund Proposed Order on Application to Appear Pro Hac Vice) (Leano, Jessica) (Entered: 08/02/2024) (0) |
| Jul 29, 2024 | 86 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Motion to Exclude Certain Opinions of Candice K.Q. Cornelius Under Seal under seal 77 filed by Defendant The Ergo Baby Carrier Inc..(Sidler, Eric) (Entered: 07/29/2024) (0) |
| Jul 29, 2024 | 87 | PROOF OF SERVICE filed by Defendant The Ergo Baby Carrier Inc., re Sealed Declaration in SupportDeclaration 86 of Eric D. Sidler served on July 29, 2024. (Sidler, Eric) (Entered: 07/29/2024) (2) |
| Jul 23, 2024 | 74 | NOTICE OF MOTION AND MOTION to Exclude Certain Opinions of Candice K.Q. Cornelius filed by Plaintiff BabyBjorn AB. Motion set for hearing on 9/13/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 75 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Exclude Certain Opinions of Candice K.Q. Cornelius 74 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Miller, Mark) (Entered: 07/23/2024) (25) |
| Jul 23, 2024 | 76 | DECLARATION of Mark A. Miller In Support Of NOTICE OF MOTION AND MOTION to Exclude Certain Opinions of Candice K.Q. Cornelius 74 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 77 | APPLICATION to file document Portions of Motion to Exclude Certain Opinions of Candice K.Q. Cornelius Under Seal under seal filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Proposed Order)(Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 78 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Motion to Exclude Certain Opinions of Candice K.Q. Cornelius Under Seal under seal 77 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 79 | NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff BabyBjorn AB. Motion set for hearing on 9/13/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 80 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Miller, Mark) (Entered: 07/23/2024) (30) |
| Jul 23, 2024 | 81 | STATEMENT of Uncontroverted Facts in Support of Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Miller, Mark) (Entered: 07/23/2024) (9) |
| Jul 23, 2024 | 82 | NOTICE OF MOTION AND MOTION to Exclude Non-Infringement Opinions of Matthew Ransil filed by Plaintiff BabyBjorn AB. Motion set for hearing on 9/13/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 83 | DECLARATION of Kimberly Cameron Ph.D. in support of NOTICE OF MOTION AND MOTION to Exclude Non-Infringement Opinions of Matthew Ransil 82 , NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 84 | DECLARATION of Mark A. Miller in support of NOTICE OF MOTION AND MOTION to Exclude Non-Infringement Opinions of Matthew Ransil 82 , NOTICE OF MOTION AND MOTION for Summary Judgment 79 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H)(Miller, Mark) (Entered: 07/23/2024) (0) |
| Jul 23, 2024 | 85 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Exclude Non-Infringement Opinions of Matthew Ransil 82 filed by Plaintiff BabyBjorn AB, Counter Defendant BabyBjorn AB. (Miller, Mark) (Entered: 07/23/2024) (30) |
| Jul 16, 2024 | 73 | ORDER ON STIPULATION TO LIFT ABEYANCE OF CASE AND RESET BRIEFING DEADLINES by Judge Andre Birotte Jr., re Stipulation 72 : The Court APPROVES the parties' Stipulation to Lift Abeyance of Case and Reset Briefing Deadlines. The abeyance of dates and deadlines for the remainder of the case is LIFTED. This Order will be the operative Scheduling Order, with the following dates and deadlines: Final Pretrial Conference; Hearing on MIL's: Friday, December 13, 2024, at 11:00 a.m.; Trial: Monday, January 13, 2025, at 8:30 a.m. (see document for further details) (bm) (Entered: 07/17/2024) (2) |
| Jul 8, 2024 | 72 | STIPULATION to Reset Briefing Deadlines, STIPULATION to Lift Stay Stipulation To Lift Abeyance of Case and Reset Briefing Deadlines filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order [Proposed] Order On Stipulation to Lift Abeyance of Case And Reset Briefing Deadlines)(Leano, Jessica) (Entered: 07/08/2024) (0) |
| Jun 20, 2024 | 71 | TRANSCRIPT ORDER as to Plaintiff BabyBjorn AB for Court Reporter. Court will contact Cheryl Potter at potter.cheryl@dorsey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Leano, Jessica) (Entered: 06/20/2024) (1) |
| Jun 18, 2024 | 70 | TRANSCRIPT ORDER for Court Reporter. Court will contact Jim Manzano at jmanzano@irell.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (jmo) (Entered: 06/18/2024) (1) |
| Jun 5, 2024 | 69 | Plaintiff Babybjorn ABs Amended CERTIFICATE of Interested Parties filed by BabyBjrn AB BabyBjorn AB, (Leano, Jessica) (Entered: 06/05/2024) (3) |
| May 22, 2024 | 68 | Notice of Electronic Filing re Stipulation to Amend/Correct, 66 , Order, Set/Reset Hearing, 67 e-mailed to Michele Myer bounced due to Unknown address. Invalid Recipient. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to myer.mcihele@dorsey.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mat) TEXT ONLY ENTRY (Entered: 05/22/2024) (0) |
| May 9, 2024 | 67 | ORDER AMENDING CASE MANAGEMENT DEADLINES 66 by Judge Andre Birotte Jr. The Court APPROVES the parties' Stipulation and Application to Extend Trial Date and Reset Briefing Deadlines (Dkt. 66) and ORDERS: IT IS HEREBY ORDERED that the Parties are to participate in private mediation within 45 days from the date of this Order (or as soon thereafter as the mediator's schedule will allow) before briefing dispositive and Daubert motions. Final Pretrial Conference set for 11/8/2024 11:00 AM. Jury Trial set for 12/9/2024 08:30 AM. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 05/09/2024) (3) |
| May 6, 2024 | 66 | Joint STIPULATION to Extend Trial Date and Reset Briefing Deadlines Order,, Set/Reset Deadlines/Hearings, 51 , Order,, Set/Reset Deadlines/Hearings, 37 , Order, Set/Reset Deadlines/Hearings 62 , Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, 36 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of Luke M. Meriwether)(Meriwether, Luke) (Entered: 05/06/2024) (0) |
| Apr 24, 2024 | 65 | ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Michele Myer to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB, designating Jessica M. Leano as local counsel 63 . (gk) (Entered: 04/24/2024) (1) |
| Apr 19, 2024 | 64 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michele Myer to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37311113) 63 . The following error(s) was/were found: Case number incomplete; incorrect initials of Judge. (ak) (Entered: 04/19/2024) (1) |
| Apr 18, 2024 | 63 | APPLICATION of Non-Resident Attorney Michele Myer to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37311113) filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order) (Leano, Jessica) (Entered: 04/18/2024) (0) |
| Apr 16, 2024 | 62 | AMENDED CASEMANAGEMENT DEADLINES 61 by Judge Andre Birotte Jr. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 04/16/2024) (2) |
| Apr 9, 2024 | 61 | Joint STIPULATION to Amend Order,, Set/Reset Deadlines/Hearings, 51 , Order,, Set/Reset Deadlines/Hearings, 37 , Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, 36 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Declaration of Luke M. Meriwether, # 2 Proposed Order)(Meriwether, Luke) (Entered: 04/09/2024) (0) |
| Apr 3, 2024 | 60 | ORDER by Judge Andre Birotte Jr. Granting 59 Non-Resident Attorney Eric D Sidler APPLICATION to Appear Pro Hac Vice on behalf of Defendant The Ergo Baby Carrier, Inc., designating Ronald A Valenzuela as local counsel. (bm) (Entered: 04/04/2024) (1) |
| Apr 2, 2024 | 59 | APPLICATION of Non-Resident Attorney Eric D. Sidler to Appear Pro Hac Vice on behalf of Defendant The Ergo Baby Carrier Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37209857) filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 E. Sidler Cert of Good Standing - Minnesota, # 2 E. Sidler Cert of Good Standing - Missouri, # 3 E. Sidler Cert of Good Standing - District of Columbia, # 4 Proposed Order) (Valenzuela, Ronald) (Entered: 04/02/2024) (0) |
| Feb 29, 2024 | 58 | MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: the Court GRANTS Defendant's request to compel Plaintiff's Rule 30(b)(6) witnesses to appear for a deposition in this district or another mutually agreeable location in the United States 55 . See Order for further details.(RAO) (Entered: 02/29/2024) (4) |
| Feb 23, 2024 | 57 | RESPONSE filed by Plaintiff BabyBjorn ABto Brief (non-motion non-appeal), 56 (Attachments: # 1 Exhibit A - Declaration of David Grunbaum re Plaintiff's Corporate Representative Depositions, # 2 Exhibit B -Complaint, Western District of Texas, # 3 Exhibit C -Stipulated Protocol for Remote Depositions)(Miller, Mark) (Entered: 02/23/2024) (0) |
| Feb 16, 2024 | 56 | BRIEF filed by Defendant The Ergo Baby Carrier Inc.. (re Dispute Regarding Location of 30(b)(6) Witness Depositions) regarding MOTION for Order 55 . (Attachments: # 1 Exhibit A - Initial Request for Informal Discovery Conf, # 2 Exhibit B - Email Correspondence between Counsel)(Meriwether, Luke) (Entered: 02/16/2024) (0) |
| Feb 14, 2024 | 55 | MOTION RE: INFORMAL DISCOVERY DISPUTE. -Defendant shall file its letter brief and attachments by 5 p.m. PST on Friday, February 16, 2024. -Plaintiff shall file its responsive letter brief and attachments by 5 p.m. PST on Friday, February 23, 2024. -Dispute to be taken under submission thereafter unless the Court determines a hearing is necessary. (see document for further details) (hr) (Entered: 02/14/2024) (1) |
| Jan 24, 2024 | 54 | MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S MOTION TO STRIKE UNTIMELY AND WAIVED INVALIDITY CONTENTIONS 50 by Judge Andre Birotte Jr. See document for details. Court Reporter: N/A. (gk) (Entered: 01/24/2024) (5) |
| Jan 12, 2024 | 53 | REPLY Reply to Opposition NOTICE OF MOTION AND MOTION to Strike Motion to Strike Untimely and Waived Invalidity Contentions 50 filed by Plaintiff BabyBjorn AB. (Leano, Jessica) (Entered: 01/12/2024) (13) |
| Jan 5, 2024 | 52 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Motion to Strike Untimely and Waived Invalidity Contentions 50 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Declaration of Travis W. McCallon, # 2 Exhibit A - to the Declaration of Travis W. McCallon)(McCallon, Travis) (Entered: 01/05/2024) (0) |
| Dec 19, 2023 | 51 | AMENDED CASE MANAGEMENT DEADLINES by Judge Andre Birotte Jr.: The parties' Joint Stipulation 49 is GRANTED. The scheduling order is amended: Opening expert disclosures due 2/23/2024. Fact Discovery cut-off 4/12/2024. Last day to hear motions 6/7/2024. See document for further details. (gk) (Entered: 12/20/2023) (2) |
| Dec 18, 2023 | 50 | NOTICE OF MOTION AND MOTION to Strike Motion to Strike Untimely and Waived Invalidity Contentions filed by Plaintiff BabyBjorn AB. Motion set for hearing on 1/26/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum Memorandum of Points and Authorities, # 2 Declaration Elliott Hales Declaration, # 3 Proposed Order [Proposed] Order) (Leano, Jessica) (Entered: 12/18/2023) (0) |
| Dec 15, 2023 | 49 | Joint STIPULATION to Amend Case Management Deadlines Order,, Set/Reset Deadlines/Hearings, 37 , Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, 36 filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Declaration of Luke M. Meriwether, # 2 Proposed Order)(Meriwether, Luke) (Entered: 12/15/2023) (0) |
| Nov 6, 2023 | 48 | MINUTES (IN CHAMBERS) Claim Construction Order (Dkt. Nos. 40, 41, 42, 43) by Judge Andre Birotte Jr.: The parties ask the Court to construe eight disputed claim terms from U.S. Patent No. 7,779,490. The disputed terms are CONSTRUED as set forth in this Order. See document for details. Court Reporter: N/A. (gk) (Entered: 11/07/2023) (23) |
| Oct 30, 2023 | 47 | JOINT STIPULATION REGARDING PRODUCTION OF ELECTRONICALLY STORED INFORMATION AND EMAIL DISCOVERY by Magistrate Judge Rozella A. Oliver re Stipulation for Order, 46 (dml) (Entered: 10/30/2023) (14) |
| Oct 25, 2023 | 46 | Joint STIPULATION for Order to Enter Stipuated Protocol Regarding Production of Electronically Stored Information and Email Discovery filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order Stipulation Regarding Production of Electronically Stored Information and Email Discovery)(McCallon, Travis) (Entered: 10/25/2023) (0) |
| Oct 20, 2023 | 45 | MINUTES OF Markman Hearing held before Judge Andre Birotte Jr.: On 10/18/2023, the Courtroom Deputy Clerk distributed the Court's tentative rulings, via email. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the matter under submission. Court Reporter: Laura Elias. (gk) (Entered: 10/20/2023) (1) |
| Oct 18, 2023 | 44 | (IN CHAMBERS) ORDER ADVANCING MARKMAN HEARING TIME by Judge Andre Birotte Jr. The Markman Hearing time is hereby ADVANCED from 10:00 a.m. to 9:30 a.m. on October 20, 2023, before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 10/18/2023) (0) |
| Sep 29, 2023 | 42 | RESPONSE filed by Plaintiff BabyBjorn ABto Brief (non-motion non-appeal) 41 (Claim Construction) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Mark) (Entered: 09/29/2023) (0) |
| Sep 29, 2023 | 43 | RESPONSE filed by Defendant The Ergo Baby Carrier Inc.to Brief (non-motion non-appeal), 40 (Responsive Claim Construction Brief) (McCallon, Travis) (Entered: 09/29/2023) (28) |
| Sep 1, 2023 | 40 | BRIEF filed by Plaintiff BabyBjorn AB. Opening Claim Construction (Attachments: # 1 Declaration of Mark Miller, # 2 Exhibit A to Declaration of Mark Miller, # 3 Exhibit B to Declaration of Mark Miller, # 4 Declaration of David G. Smith)(Miller, Mark) (Entered: 09/01/2023) (0) |
| Sep 1, 2023 | 41 | BRIEF filed by Defendant The Ergo Baby Carrier Inc.. Opening Claim Construction Brief (Attachments: # 1 Exhibit A - US Patent No. 7,779,490, # 2 Exhibit B - Declaration of David G. Smith)(McCallon, Travis) (Entered: 09/01/2023) (0) |
| Aug 21, 2023 | 39 | STATEMENT Corrected Joint Claim Construction & Prehearing Statement and Expert Reports filed by Plaintiff BabyBjorn AB (Leano, Jessica) (Entered: 08/21/2023) (13) |
| Jul 26, 2023 | 38 | STATEMENT Joint Claim Construction & Prehearing Statement and Expert Reports filed by Plaintiff BabyBjorn AB (Leano, Jessica) (Entered: 07/26/2023) (12) |
| Apr 25, 2023 | 34 | (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the April 28, 2023, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 04/25/2023) (0) |
| Apr 25, 2023 | 35 | ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 6/21/2024. (cb) (Entered: 04/25/2023) (1) |
| Apr 25, 2023 | 36 | ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 9/17/2024 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 8/30/2024 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 8/25/2023. Non-Expert Discovery cut-off 2/12/2024. Last Date to Hear Motions 5/3/2024. Deadline to Complete Settlement Conference 6/21/2024. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 8/9/2024. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 8/16/2024. See document for further details. (gk) (Entered: 04/26/2023) (18) |
| Apr 25, 2023 | 37 | ORDER APPROVING STIPULATION TO SCHEDULE ADDITIONAL DATES by Judge Andre Birotte Jr.: The Court APPROVES the parties' Stipulation 32 and sets additional dates in this action. Joint Claim Construction & Prehearing Statement and Expert Reports 7/26/2023. Opening Claim Construction Briefs 9/1/2023. Markman Hearing set on 10/20/2023 at 10:00 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 04/26/2023) (2) |
| Apr 17, 2023 | 33 | STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 31 (dml) (Entered: 04/17/2023) (19) |
| Apr 14, 2023 | 30 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 Days, filed by Plaintiff BabyBjorn AB.. (Attachments: # 1 Exhibit A - Schedule of Pretrial and Trial Dates Worksheet, # 2 Certificate of Service)(Hales, Elliot) (Entered: 04/14/2023) (0) |
| Apr 14, 2023 | 31 | STIPULATION for Protective Order filed by Plaintiff BabyBjorn AB.(Hales, Elliot) (Entered: 04/14/2023) (19) |
| Apr 14, 2023 | 32 | STIPULATION for Order to Schedule Additional Dates filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order re Stipulation to Schedule Additional Dates)(Hales, Elliot) (Entered: 04/14/2023) (0) |
| Mar 31, 2023 | 29 | Plaintiff BabyBjorn AB's ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 16 filed by Plaintiff BabyBjorn AB.(Hales, Elliot) (Entered: 03/31/2023) (6) |
| Mar 22, 2023 | 26 | ORDER by Judge Andre Birotte Jr: Granting 24 Non-Resident Attorney Luke M. Meriwether APPLICATION to Appear Pro Hac Vice on behalf of behalf of Defendant The Ergo Baby Carrier Inc., Counter Claimant The Ergo Baby Carrier Inc., designating Ronald A. Valenzuela as local counsel. (et) (Entered: 03/22/2023) (1) |
| Mar 22, 2023 | 27 | ORDER by Judge Andre Birotte Jr: Granting 23 Non-Resident Attorney Timothy J. Hadachek APPLICATION to Appear Pro Hac Vice on behalf of behalf of Defendant The Ergo Baby Carrier Inc., Counter Claimant The Ergo Baby Carrier Inc., designating Ronald A. Valenzuela as local counsel. (et) (Entered: 03/22/2023) (1) |
| Mar 22, 2023 | 28 | ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Travis W. McCallon to Appear Pro Hac Vice on behalf of Defendant The Ergo Baby Carrier, Inc., designating Ronald A. Valenzuela as local counsel 25 . (gk) (Entered: 03/23/2023) (1) |
| Mar 21, 2023 | 25 | APPLICATION of Non-Resident Attorney Travis W. McCallon to Appear Pro Hac Vice on behalf of Defendant The Ergo Baby Carrier Inc., Counter Claimant The Ergo Baby Carrier Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34994769) filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order) (Valenzuela, Ronald) (Entered: 03/21/2023) (0) |
| Mar 16, 2023 | 23 | APPLICATION of Non-Resident Attorney Timothy J. Hadachek to Appear Pro Hac Vice on behalf of Defendant The Ergo Baby Carrier Inc., Counter Claimant The Ergo Baby Carrier Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34965863) filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order) (Valenzuela, Ronald) (Entered: 03/16/2023) (0) |
| Mar 16, 2023 | 24 | APPLICATION of Non-Resident Attorney Luke M. Meriwether to Appear Pro Hac Vice on behalf of Defendant The Ergo Baby Carrier Inc., Counter Claimant The Ergo Baby Carrier Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34965917) filed by Defendant The Ergo Baby Carrier Inc.. (Attachments: # 1 Proposed Order) (Valenzuela, Ronald) (Entered: 03/16/2023) (0) |
| Mar 14, 2023 | 19 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Travis W. McCallon. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 03/14/2023) (1) |
| Mar 14, 2023 | 20 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Luke M. Meriwether. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 03/14/2023) (1) |
| Mar 14, 2023 | 21 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Timothy J. Hadachek. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 03/14/2023) (1) |
| Mar 14, 2023 | 22 | NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff BabyBjorn AB, upon Defendant The Ergo Baby Carrier Inc. acknowledgment sent by Plaintiff on 2/17/2023, answer due 3/10/2023. Acknowledgment of Service signed by Travis McCallon, Attorney. (Attachments: # 1 Exhibit A)(Hales, Elliot) (Entered: 03/14/2023) (0) |
| Mar 13, 2023 | 18 | ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 4/28/2023 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 03/13/2023) (7) |
| Mar 10, 2023 | 16 | ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND , COUNTERCLAIM against BabyBjorn AB filed by Defendant The Ergo Baby Carrier Inc..(Attorney Ronald A. Valenzuela added to party The Ergo Baby Carrier Inc.(pty:dft))(Valenzuela, Ronald) (Entered: 03/10/2023) (10) |
| Mar 10, 2023 | 17 | Notice and CERTIFICATE of Interested Parties filed by Defendant The Ergo Baby Carrier Inc., identifying Ergo Baby Carrier, Inc., Ergo Baby Intermediate Holding Corporation, Ergo Baby Holding Corporation, EBP Lifestyle Brands Holdings, Inc. Compass Group Diversified Holdings LLC. (Valenzuela, Ronald) (Entered: 03/10/2023) (2) |
| Jan 30, 2023 | 15 | ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Mark A. Miller to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB, designating Faisal M. Zubairi as local counsel 12 . (gk) (Entered: 01/30/2023) (1) |
| Jan 25, 2023 | 14 | STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 01/25/2023) (14) |
| Jan 24, 2023 | 13 | NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Percy Anderson. Case transferred from Judge Percy Anderson to Judge Andre Birotte Jr for all further proceedings. Case number now reads 2:23-cv-00446 AB(RAOx). (rn) (Entered: 01/24/2023) (1) |
| Jan 23, 2023 | 12 | APPLICATION of Non-Resident Attorney Mark A. Miller to Appear Pro Hac Vice on behalf of Plaintiff BabyBjorn AB (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34664307) filed by Plaintiff BabyBjorn AB. (Attachments: # 1 Proposed Order) (Zubairi, Faisal) (Entered: 01/23/2023) (0) |
| Jan 20, 2023 | 1 | COMPLAINT Receipt No: ACACDC-34651814 - Fee: $402, filed by Plaintiff BabyBjorn AB. (Attorney Elliot J Hales added to party BabyBjorn AB(pty:pla))(Hales, Elliot) (Entered: 01/20/2023) (14) |
| Jan 20, 2023 | 2 | CIVIL COVER SHEET filed by Plaintiff BabyBjorn AB. (Hales, Elliot) (Entered: 01/20/2023) (3) |
| Jan 20, 2023 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff BabyBjorn AB. (Hales, Elliot) (Entered: 01/20/2023) (2) |
| Jan 20, 2023 | 4 | NOTICE of Interested Parties filed by Plaintiff BabyBjorn AB, (Hales, Elliot) (Entered: 01/20/2023) (1) |
| Jan 20, 2023 | 5 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by BabyBjorn AB. (Hales, Elliot) (Entered: 01/20/2023) (1) |
| Jan 20, 2023 | 6 | NOTICE OF ERRATA filed by Plaintiff BabyBjorn AB. correcting Complaint (Attorney Civil Case Opening) 1 Exhibit 1 (Hales, Elliot) (Entered: 01/20/2023) (11) |
| Jan 20, 2023 | 7 | NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Rozella A. Oliver. (et) (Entered: 01/20/2023) (1) |
| Jan 20, 2023 | 8 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 01/20/2023) (2) |
| Jan 20, 2023 | 9 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 01/20/2023) (1) |
| Jan 20, 2023 | 10 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant The Ergo Baby Carrier Inc. (et) (Entered: 01/20/2023) (2) |
| Jan 20, 2023 | 11 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mark A Miller on behalf of Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) (Entered: 01/20/2023) (1) |
