Case number 2:20-cv-11177
Benchmade Knife Co., Inc. et al v. Hogue, Inc > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 13, 2023 | 182 | STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation).(Aldrich, Nicholas) (Entered: 01/13/2023) (3) |
| Jan 11, 2023 | 180 | NOTICE OF LODGING filed Proposed Consented Order for Permanent Injunction re Generic Text Only Entry,,, 179 (Attachments: # 1 Proposed Order)(Aldrich, Nicholas) (Entered: 01/11/2023) (0) |
| Jan 11, 2023 | 181 | CONSENTED JUDGMENT AND PERMANENT INJUNCTION by Judge John W. Holcomb, PERMANENT INJUNCTION filed by Judge John W. Holcomb. It is herebyORDERED, ADJUDGED, and DECREED as follows: Hogue, Inc., and Hogue Tool & Machine, Inc., along with their agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Hogue, or in concert or participation with Hogue are permanently ENJOINED from manufacturing, using, selling, offering to sell, or importing into the United States: (i) knives in the TRAUMA product family identified by Hogue. This Court retains exclusive jurisdiction of this action, and the parties consent to venue in this Court. Each party shall bear its own costs and attorneys fees. The Clerk is DIRECTED to enter this Consented Judgment and Permanent Injunction forthwith. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 01/12/2023) (4) |
| Jan 4, 2023 | 179 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: In light of the Joint Stipulation to Stay Case filed November 03, 2022 [ECF No. 177], indicating that the case has settled, this action is placed in inactive status. The Court EXTENDS deadline to file Stipulation of Dismissal. By January 13, 2023, the parties shall file either (1) a Stipulation of Dismissal under Fed. R. Civ. P. 41(a)(1)(A)(ii); (2) a Stipulation for an Order of Dismissal under Fed. R. Civ. P. 41(a)(2); or (3) a motion to reopen if settlement has not been consummated. Upon the failure to comply with this Order in a timely manner, this action shall be deemed dismissed as of January 3, 2023. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates ari hereby VACATED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 01/04/2023) (0) |
| Nov 7, 2022 | 178 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: In light of the Joint Stipulation to Stay Case filed November 03, 2022 [ECF No. 177], indicating that the case has settled, this action is placed in inactive status. By January 2, 2023, the parties shall file either (1) a Stipulation of Dismissal under Fed. R. Civ. P. 41(a)(1)(A)(ii); (2) a Stipulation for an Order of Dismissal under Fed. R. Civ. P. 41(a)(2); or (3) a motion to reopen if settlement has not been consummated. Upon the failure to comply with this Order in a timely manner, this action shall be deemed dismissed as of January 3, 2023. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates ari hereby VACATED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 11/07/2022) (0) |
| Nov 3, 2022 | 177 | Joint STIPULATION to Stay Case pending completion of settlement filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). (Attachments: # 1 Proposed Order)(Aldrich, Nicholas) (Entered: 11/03/2022) (0) |
| Oct 24, 2022 | 176 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby ADVANCES the motion hearings [ECF Nos. 128, 131, 132, 133, 134, 135, 149, 153, 155, 156 and 157] from, November 17, 2022 to November 16, 2022, at 2:00 p.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street, Santa Ana, California 92701. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 10/24/2022) (0) |
| Sep 20, 2022 | 175 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The Court CONTINUES the motion hearings [ECF Nos. 131, 132, 133, 134, 135, 149, 153, 155, 156 and 157] from September 22, 2022 at 2:00 p.m. to November 17, 2022 at 2:00 p.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 09/20/2022) (0) |
| Sep 16, 2022 | 174 | HEARING RE DEFENDANTS' MOTION IN LIMINE: #1 128 ; PLAINTIFF'S MOTIONS IN LIMINE: #1 131 ; #3 132 ; #4 133 ; #5 134 ; & #6 135 ; MOTION FOR RECONSIDERATION RE MOTION TO EXCLUDE 149 ; PLAINTIFF'S BENCHMADE KNIFE CO., INC.'S MOTION TO BIFURCATE INEQUITABLE CONDUCT DEFENSE 153 ; PLAINTIFF'S AMENDED MOTION IN LIMINE #3 155 ; #4 156 ; #6 157 held before Judge John W. Holcomb. Counsel state their appearances. The Court confers with counsel and hears oral argument. The Court CONTINUES the hearing to September 22, 2022, at 2:00 p.m., via video conference. IT IS SO ORDERED. Court Reporter: Debbie Hino-Span. (yl) (Entered: 09/20/2022) (1) |
| Sep 15, 2022 | 173 | MEMORANDUM OPINION AND ORDER DENYING MOTION FOR RECONSIDERATION 149 by Judge John W. Holcomb. (dgo) (Entered: 09/15/2022) (9) |
| Sep 13, 2022 | 172 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the motion hearings [ECF Nos. 131, 132, 133, 134, 135, 149, 153, 155, 156 and 157] from September 16, 2022 at 9:00 a.m. to September 16, 2022 at 1:00 p.m. **TIME CHANGE ONLY** The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 09/13/2022) (0) |
| Sep 6, 2022 | 171 | MINUTES OF Video Hearing RE Status Conference held before Judge John W. Holcomb: Counsel state their appearances. The Court confers with counsel. Final Pretrial Conference continued to 12/2/2022 at 01:00 PM before Judge John W. Holcomb. Jury Trial continued to 1/9/2023 at 09:00 AM before Judge John W. Holcomb. Both matters are in person. Court Reporter: Court Smart. (twdb) (Entered: 09/07/2022) (1) |
| Sep 2, 2022 | 160 | MEMORANDUM in Opposition to MOTION IN LIMINE (1) to Exclude All communications between Brent Beshara and Benchmade 131 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 09/02/2022) (10) |
| Sep 2, 2022 | 161 | MEMORANDUM in Opposition to MOTION IN LIMINE (3) to Exclude Any alleged "prior art" that is not corroborated with documentary evidence 132 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 09/02/2022) (9) |
| Sep 2, 2022 | 162 | MEMORANDUM in Opposition to MOTION IN LIMINE (4) to Exclude any invalidity theories or prior art not disclosed in Hogue's response to the Court Ordered Final Invalidity Contentions 133 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 09/02/2022) (10) |
| Sep 2, 2022 | 163 | MEMORANDUM in Opposition to MOTION IN LIMINE (5) to Exclude any opinion from Hogue's expert, Michael Janich, that were not disclosed in his expert report 134 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 09/02/2022) (6) |
| Sep 2, 2022 | 164 | MEMORANDUM in Opposition to MOTION IN LIMINE (6) to Exclude any reference to alleged inequitable conduct, as well as any argument, testimony, evidence, or reference concerning Benchmade's alleged fraudulent intent in prosecuting the application for the D'900 Patent < 135 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 09/02/2022) (3) |
| Sep 2, 2022 | 165 | Witness List filed by defendants and counterclaimants Hogue Tool & Machine, Inc.(a California corporation), Hogue, Inc.. (Olsen, John) (Entered: 09/02/2022) (3) |
| Sep 2, 2022 | 166 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants and counterclaimants Hogue Tool & Machine, Inc.(a California corporation), Hogue, Inc. (Olsen, John) (Entered: 09/02/2022) (30) |
| Sep 2, 2022 | 167 | NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (1) to Exclude plaintiff's proposed trial exhibits 20, 21, 73-76 and testimony concerning the contents of these exhibits 128 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 09/02/2022) (2) |
| Sep 2, 2022 | 168 | Witness List filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation).. (Aldrich, Nicholas) (Entered: 09/02/2022) (3) |
| Sep 2, 2022 | 169 | JOINT Exhibit List filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation).. (Aldrich, Nicholas) (Entered: 09/02/2022) (23) |
| Sep 2, 2022 | 170 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). (Aldrich, Nicholas) (Entered: 09/02/2022) (10) |
| Sep 1, 2022 | 159 | REPLY In Support Of NOTICE OF MOTION AND MOTION to Bifurcate Inequitable Conduct Defense 153 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 09/01/2022) (10) |
| Aug 30, 2022 | 158 | SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The Court, on its own motion, sets a Status Conference for Tuesday, September 6, 2022 at 10:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under Zoom Webinar Hearings. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 08/30/2022) (0) |
| Aug 26, 2022 | 155 | Amendment to MOTION IN LIMINE (3) to Exclude Any alleged "prior art" that is not corroborated with documentary evidence 132 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 08/26/2022) (0) |
| Aug 26, 2022 | 156 | Amendment to MOTION IN LIMINE (4) to Exclude any invalidity theories or prior art not disclosed in Hogue's response to the Court Ordered Final Invalidity Contentions 133 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 08/26/2022) (0) |
| Aug 26, 2022 | 157 | Amendment to MOTION IN LIMINE (6) to Exclude any reference to alleged inequitable conduct, as well as any argument, testimony, evidence, or reference concerning Benchmade's alleged fraudulent intent in prosecuting the application for the D'900 Patent < 135 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 08/26/2022) (0) |
| Aug 25, 2022 | 154 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Bifurcate Inequitable Conduct Defense 153 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 08/25/2022) (12) |
| Aug 19, 2022 | 153 | NOTICE OF MOTION AND MOTION to Bifurcate Inequitable Conduct Defense filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 9/16/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Eads, Scott) (Entered: 08/19/2022) (0) |
| Aug 2, 2022 | 152 | (IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Plaintiff's Motion for Reconsideration [ECF No. 149] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on August 5, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 08/02/2022) (0) |
| Jul 22, 2022 | 151 | REPLY in support of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Exclude,,, Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, 148 149 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 07/22/2022) (8) |
| Jul 14, 2022 | 150 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Exclude,,, Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, 148 149 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 07/14/2022) (11) |
| Jul 8, 2022 | 149 | NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Exclude,,, Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, 148 filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 8/5/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Eads, Scott) (Entered: 07/08/2022) (0) |
| Jun 27, 2022 | 148 | MEMORANDUM OPINION AND ORDER ON DAUBERT MOTION TO EXCLUDE THE EXPERT TESTIMONY OF MICHAEL JANICH [ECF No. 97], MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF No. 98], and MOTION FOR SUMMARY JUDGMENT OF PATENT INVALIDITY [ECF No. 102] by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS as follows: Benchmade's Daubert Motion 97 is DENIED. 2. Benchmade's summary judgment motion with respect to Hogue' s functionality defense is GRANTED, but the remainder of Benchmade's summary judgment motion 98 is DENIED. Hogue's summary judgment motion 102 is DENIED. (lom) (Entered: 06/27/2022) (30) |
| May 19, 2022 | 147 | TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY (Entered: 05/19/2022) (0) |
| May 2, 2022 | 146 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,,, 130 by Deputy Clerk of Court. The document is hereby STRICKEN. Counsel may refile a timely motion. (iva) (Entered: 05/02/2022) (1) |
| Apr 26, 2022 | 143 | SEALED DOCUMENT Exhibit 7 to the Declaration of Samantha Burnside in Support of Plaintiff's Motions in Limine I, III-VI re MOTION IN LIMINE (1) to Exclude All communications between Brent Beshara and Benchmade 131 , Order on Motion for Leave to File Document Under Seal, 142 filed by Plaintiff Benchmade Knife Co., Inc..(Aldrich, Nicholas) (Entered: 04/26/2022) (0) |
| Apr 26, 2022 | 144 | ORDER AS TO DAMAGES UPON ENTRY OF JUDGMENT FOR PLAINTIFF by Judge John W. Holcomb 127 . Defendants shall not offer into evidence the license agreements listed in Appendix A to the stipulation, or any other license agreement. Benchmade shall not offer the expert testimony of Paula Paradis concerning an appropriate damages award to Benchmade for Defendants' infringement of the D900 Patent. IT IS SO ORDERED. (yl) (Entered: 04/26/2022) (2) |
| Apr 26, 2022 | 145 | ORDER GRANTING STIPULATED CONTINUANCE OF MOTION IN LIMINE HEARING, PRE-TRIAL CONFERENCE AND TRIAL DATES 140 by Judge John W. Holcomb. The Application is GRANTED. The Scheduling Order is AMENDED as follows: the hearing on the Parties Motions in Limine is CONTINUED to September 16, 2022, at 9:00 a.m.; the Pre-Trial Conference is CONTINUED to September 23, 2022, at 1:00 p.m.; and the Trial Date (5 days) is CONTINUED to October 17, 2022, at 9:00 a.m. IT IS SO ORDERED. (yl) (Entered: 04/26/2022) (2) |
| Apr 25, 2022 | 140 | First STIPULATION to Continue final pretrial conference, motions in limine hearing and trial from June 6, 2022 to September 2022 filed by defendants Hogue Tool & Machine, Inc.(a California corporation), Hogue, Inc. (Attachments: # 1 Proposed Order Proposed Order Granting Stipulation to Continue final pretrial conference, motion in limine hearing and trial.)(Olsen, John) (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 141 | NOTICE OF LODGING filed of Proposed Order as to Damages Upon Entry of Judgment for Plaintiff re Response By Court to Notice of Deficiencies (G-112B) - optional html form, 139 (Attachments: # 1 Proposed Order)(Aldrich, Nicholas) (Entered: 04/25/2022) (0) |
| Apr 25, 2022 | 142 | ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO FILE UNDER SEAL 136 by Judge John W. Holcomb. Before the Court is Plaintiff Benchmade Knife Co., Inc.s unopposed Application for Leave to File Under Seal. The Court, having considered the application, GRANTS leave to file the following document under seal: (See document for further details) (yl) (Entered: 04/25/2022) (2) |
| Apr 23, 2022 | 138 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation re: Exhibits Pretrial Trial 127 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (iva) (Entered: 04/23/2022) (1) |
| Apr 23, 2022 | 139 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 138 by Deputy Clerk of Court. Pursuant to L.R. 5-4.4.1, counsel is DIRECTED to electronically lodge the proposed order, as an attachment to a Notice of Lodging. Counsel is reminded to comply with L.R. 5-4.4.1 and L.R. 5-4.4.2. (iva) (Entered: 04/23/2022) (1) |
| Apr 22, 2022 | 128 | NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude plaintiff's proposed trial exhibits 20, 21, 73-76 and testimony concerning the contents of these exhibits filed by defendants Hogue Tool & Machine, Inc.(a California corporation). Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum Memorandum of Law in Support of Defendants' Motion in Limine, # 2 Declaration Declaration of EJ Ferdinand in Support of Defendants' Motion in Limine, # 3 Exhibit Ferdinand Decl, Ex. A, # 4 Exhibit Ferdinand Decl, Ex. B, # 5 Exhibit Ferdinand Decl, Ex. C, # 6 Exhibit Ferdinand Decl, Ex. D, # 7 Exhibit Ferdinand Decl, Ex. E, # 8 Exhibit Ferdinand Decl, Ex. F, # 9 Proposed Order Proposed Order Granting Defendants' Motions in Limine)(Olsen, John) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 129 | **STRICKEN PER ECF NO. 146** NOTICE OF MOTION AND MOTION to Bifurcate Inequitable Conduct Defense and to Exclude Reference to Alleged Fraudulent Intent filed by Plaintiff Benchmade Knife Co., Inc.. Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Eads, Scott) Modified on 5/2/2022 (iva). (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 130 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE (1) to Exclude plaintiff's proposed trial exhibits 20, 21, 73-76 and testimony concerning the contents of these exhibits 128 , NOTICE OF MOTION AND MOTION to Bifurcate Inequitable Conduct Defense and to Exclude Reference to Alleged Fraudulent Intent 129 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (yl) (Entered: 04/22/2022) (1) |
| Apr 22, 2022 | 131 | NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude All communications between Brent Beshara and Benchmade filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Proposed Order)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 132 | NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Any alleged "prior art" that is not corroborated with documentary evidence filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 133 | NOTICE OF MOTION AND MOTION IN LIMINE (4) to Exclude any invalidity theories or prior art not disclosed in Hogue's response to the Court Ordered Final Invalidity Contentions filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 134 | NOTICE OF MOTION AND MOTION IN LIMINE (5) to Exclude any opinion from Hogue's expert, Michael Janich, that were not disclosed in his expert report filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 135 | NOTICE OF MOTION AND MOTION IN LIMINE (6) to Exclude any reference to alleged inequitable conduct, as well as any argument, testimony, evidence, or reference concerning Benchmade's alleged fraudulent intent in prosecuting the application for the D'900 Patent filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 5/13/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 136 | APPLICATION to file document Ex. 7 to the Declaration of Samantha Burnside in Support of Plaintiff's Motions in Limine I, III-VI under seal filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Redacted Document, # 2 Proposed Order)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 22, 2022 | 137 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ex. 7 to the Declaration of Samantha Burnside in Support of Plaintiff's Motions in Limine I, III-VI under seal 136 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Unredacted Document)(Aldrich, Nicholas) (Entered: 04/22/2022) (0) |
| Apr 21, 2022 | 127 | PRETRIAL STIPULATION regarding Exhibits Stipulation as to Damages Upon Entry of Judgment for Plaintiff filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). (Attachments: # 1 Appendix A)(Aldrich, Nicholas) (Entered: 04/21/2022) (0) |
| Apr 5, 2022 | 126 | (IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that Plaintiff's Daubert Motion [ECF No. 97]; Plaintiff's Motion for Partial Summary Judgment [ECF No. 98]; and Defendants' Motion for Summary Judgment [ECF No. 102] are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on April 8, 2022. The motions stand submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 04/05/2022) (0) |
| Mar 25, 2022 | 123 | REPLY in support of motion NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Declaration Reply Declaration of B. Beshara in Further Support of Defendants' Summary Judgment Motion, # 2 Declaration Reply Declaration of Aaron Hogue in Further Support of Defendants' Motion for Summary Judgment, # 3 Exhibit Ex. A Part 1 to Hogue Declaration, # 4 Exhibit Ex. A Part 2 to Hogue Declaration, # 5 Exhibit Ex. A Part 3 to Hogue Declaration, # 6 Exhibit Ex. B to Hogue Declaration)(Olsen, John) (Entered: 03/25/2022) (0) |
| Mar 25, 2022 | 124 | REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' First and Second Affirmative Defenses and Second Counterclaim 98 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 03/25/2022) (12) |
| Mar 25, 2022 | 125 | OBJECTIONS to MEMORANDUM in Opposition to Motion,,,,, 111 Benchmade Knife Co., Inc.'s Objections to Defendants' Evidence in Its Statement of Material Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 03/25/2022) (8) |
| Mar 18, 2022 | 122 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Exclude The Expert Testimony of Michael Janich 97 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Declaration Declaration of J. Bruhns in Opposition to Benchmade's Daubert Motion)(Olsen, John) (Entered: 03/18/2022) (0) |
| Mar 17, 2022 | 111 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' First and Second Affirmative Defenses and Second Counterclaim 98 filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Declaration Declaration of M. Janich in Opposition to Benchmade's Motion for Partial Summary Judgment, # 2 Declaration Declaration of B. Beshara in Opposition to Benchmade's Motion for Partial Summary Judgment, # 3 Declaration Declaration of EJ Ferdinand in Opposition to Benchmade's Motion for Partial Summary Judgment, # 4 Exhibit Exhibit A to Ferdinand Declaration, # 5 Exhibit Exhibit B to Ferdinand Declaration, # 6 Exhibit Exhibit C to Ferdinand Declaration, # 7 Exhibit Exhibit D to Ferdinand Declaration, # 8 Exhibit Exhibit E to Ferdinand Declaration, # 9 Exhibit Exhibit F to Ferdinand Declaration, # 10 Exhibit Exhibit G to Ferdinand Declaration, # 11 Exhibit Defendants' Response to Benchmade's Statement of Undisputed Facts, # 12 Exhibit Defendants' Statement of Evidentiary Objections in Opposition to Benchmade's Motion for Partial Summary Judgment)(Olsen, John) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 112 | APPLICATION to file document Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity, Statement of Genuine Disputes of Material Fact, and Ex. A to the Declaration of Michael Ohlrich under seal filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity, # 3 Redacted Document Benchmade Knife Co. Inc.'s Statement of Genuine Disputes of Material Fact in Opposition to Defendants' Motion for Summary Judgment, # 4 Redacted Document Exhibit A to the Declaration of Michael Ohlrich in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity)(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 113 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity, Statement of Genuine Disputes of Material Fact, and Ex. A to the Declaration of Michael Ohlrich under se 112 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Unredacted Document Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity, # 2 Unredacted Document Plaintiff's Statement of Genuine Disputes of Material Fact in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity, # 3 Unredacted Document Ex. A to the Declaration of Michael Ohlrich in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity)(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 114 | Objections in opposition to re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 Benchmade Knife Co., Inc.'s Objections to Defendants' Evidence in its Statement of Uncontested Facts in Support of Motion for Summary Judgment filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 03/17/2022) (13) |
| Mar 17, 2022 | 115 | DECLARATION of Vance Collver in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 Declaration of Vance Collver in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 03/17/2022) (11) |
| Mar 17, 2022 | 116 | DECLARATION of Michael Ohlrich in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 Declaration of Michael Ohlrich in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Redacted Document Ex. A)(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 117 | DECLARATION of Samantha Burnside in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 Declaration of Samantha Burnside in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Exhibit 42, # 2 Exhibit 43, # 3 Exhibit 44, # 4 Exhibit 45, # 5 Exhibit 46, # 6 Exhibit 47, # 7 Exhibit 48, # 8 Exhibit 49, # 9 Exhibit 50, # 10 Exhibit 51, # 11 Exhibit 52, # 12 Exhibit 53, # 13 Exhibit 54)(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 118 | ORDER by Judge John W. Holcomb: Granting 112 Plaintiff' s APPLICATION for Leave to File Under Seal 112 . The Court, having considered the application, GRANTS leave to file the following documents under seal: SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 03/17/2022) (2) |
| Mar 17, 2022 | 119 | SEALED DOCUMENT Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity re Order on Motion for Leave to File Document Under Seal, 118 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc..(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 120 | SEALED DOCUMENT Plaintiff's Statement of Genuine Disputes of Material Fact in Opposition to Defendants' Motion for Summary Judgment re Order on Motion for Leave to File Document Under Seal, 118 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc..(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 17, 2022 | 121 | SEALED DOCUMENT Exhibit A to the Declaration of Michael Ohlrich in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment of Patent Invalidity re Declaration (Motion related),, 116 , Order on Motion for Leave to File Document Under Seal, 118 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Exhibit A to Declaration of Michael Ohlrich)(Aldrich, Nicholas) (Entered: 03/17/2022) (0) |
| Mar 8, 2022 | 107 | SEALED DOCUMENT Declaration of Paula Paradis In Support of re NOTICE OF MOTION AND MOTION to Exclude The Expert Testimony of Michael Janich 97 , Order on Motion for Leave to File Document Under Seal 106 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc..(Aldrich, Nicholas) (Entered: 03/08/2022) (0) |
| Mar 8, 2022 | 108 | SEALED DOCUMENT Exhibits 24-25 and 27 to the Declaration of Samantha Burnside in Support of re NOTICE OF MOTION AND MOTION to Exclude The Expert Testimony of Michael Janich 97 , Order on Motion for Leave to File Document Under Seal 106 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Exhibit 24, # 2 Exhibit 25, # 3 Exhibit 27)(Aldrich, Nicholas) (Entered: 03/08/2022) (0) |
| Mar 8, 2022 | 109 | CERTIFICATE OF SERVICE filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation), re Sealed Document, 107 served on March 8, 2022. (Aldrich, Nicholas) (Entered: 03/08/2022) (2) |
| Mar 7, 2022 | 105 | STIPULATION to Reschedule the Hearings on the Parties' Summary Judgment Motions and Plaintiff's Daubert Motion filed by defendants Hogue Tool & Machine, Inc.(a California corporation), Hogue, Inc. (Attachments: # 1 Proposed Order Granting Stipulation to Re-Schedule Hearing)(Olsen, John) (Entered: 03/07/2022) (0) |
| Mar 7, 2022 | 106 | ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO FILE UNDER SEAL 100 by Judge John W. Holcomb. (yl) (Entered: 03/07/2022) (2) |
| Mar 7, 2022 | 110 | ORDER GRANTING STIPULATED CONTINUANCE OF DISPOSITIVE MOTION AND DAUBERT HEARINGS by Judge John W. Holcomb. The video hearing on (a) Plaintiff's Motion for Partial Summary Judgment as to Defendants' First and Second Affirmative Defenses and Second Counterclaim (ECF No. 98); (b) Plaintiffs Daubert Motion seeking to exclude certain testimony of Hogue's expert, Michael Janich (ECF No. 97); and (c) Defendants' Motion for Summary Judgment of Patent Invalidity (ECF Nos. 102 & 104), is CONTINUED to April 8, 2022, at 9:00 a.m. (See document for further details) (yl) (Entered: 03/08/2022) (2) |
| Mar 4, 2022 | 97 | NOTICE OF MOTION AND MOTION to Exclude The Expert Testimony of Michael Janich filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 4/1/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Declaration Vance Collver, # 3 Declaration Michael Ohlrich, # 4 Declaration Samantha Burnside, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 26, # 26 Exhibit 28, # 27 Exhibit 29, # 28 Exhibit 30, # 29 Exhibit 31, # 30 Exhibit 32, # 31 Exhibit 33, # 32 Exhibit 34, # 33 Exhibit 35, # 34 Exhibit 36, # 35 Exhibit 37, # 36 Exhibit 38, # 37 Exhibit 39, # 38 Exhibit 40, # 39 Exhibit 41, # 40 Proposed Order) (Aldrich, Nicholas) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 98 | NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' First and Second Affirmative Defenses and Second Counterclaim filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation). Motion set for hearing on 4/1/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Aldrich, Nicholas) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 99 | STATEMENT of of Undisputed Facts and Genuine Disputes NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' First and Second Affirmative Defenses and Second Counterclaim 98 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Aldrich, Nicholas) (Entered: 03/04/2022) (26) |
| Mar 4, 2022 | 100 | APPLICATION to file document Declaration of Paula Paradis in Support of Plaintiff's Daubert Motion to Exclude Expert Testimony of Michael Janich and Exhibits 24, 25 and 27 to the Burnside Declaration under seal filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Redacted Document, # 2 Redacted Document, # 3 Redacted Document, # 4 Redacted Document, # 5 Proposed Order)(Aldrich, Nicholas) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 101 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Paula Paradis in Support of Plaintiff's Daubert Motion to Exclude Expert Testimony of Michael Janich and Exhibits 24, 25 and 27 to the Burnside Declaration under seal 100 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Unredacted Document Declaration of Paula Paradis ISO Daubert Motion to Exclude Testimony of Michael Janich, # 2 Unredacted Document Ex. 24 to the Burnside Declaration, # 3 Unredacted Document Ex. 25 to the Burnside Declaration, # 4 Unredacted Document Ex. 27 to the Burnside Declaration)(Aldrich, Nicholas) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 102 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint filed by defendants Hogue Tool & Machine, Inc.(a California corporation), Hogue, Inc. Motion set for hearing on 4/1/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum Memo of Law in Support of Motion, # 2 Exhibit Statement of Undisputed Facts, # 3 Declaration Declaration of B. Beshara in Support of Motion, # 4 Exhibit Ex. A to Beshara Decl., # 5 Exhibit Ex. B to Beshara Decl., # 6 Exhibit Ex. C to Beshara Decl., # 7 Exhibit Ex. D to Beshara Decl., # 8 Exhibit Ex. E to Beshara Decl., # 9 Exhibit Ex. F to Beshara Decl., # 10 Exhibit Ex. G to Beshara Decl., # 11 Exhibit Ex. H to Beshara Decl., # 12 Exhibit Ex. I to Beshara Decl., # 13 Exhibit Ex. J to Beshara Decl., # 14 Exhibit Ex. K to Beshara Decl., # 15 Exhibit Ex. L to Beshara Decl., # 16 Exhibit Ex. M to Beshara Decl., # 17 Exhibit Ex. N to Beshara Decl., # 18 Declaration Declaration of M. Janich in Support of Motion, # 19 Exhibit Ex. A to Janich Decl., # 20 Declaration Declaration of EJ Ferdinand in Support of Motion, # 21 Exhibit Ex. A to Ferdinand Decl., # 22 Exhibit Ex. B to Ferdinand Decl., # 23 Exhibit Ex. C to Ferdinand Decl., # 24 Exhibit Ex. D to Ferdinand Decl., # 25 Exhibit Ex. E to Ferdinand Decl., # 26 Exhibit Ex. F to Ferdinand Decl., # 27 Exhibit Ex. G to Ferdinand Decl., # 28 Exhibit Ex. H to Ferdinand Decl., # 29 Proposed Order Proposed Order Granting Summary Judgment) (Olsen, John) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 103 | DECLARATION of Michael Janich in support of Summary Judgment Motion NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 Re-Filed Becuase of Error Message in Original Filing filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Exhibit Ex. A to Janich Decl)(Olsen, John) (Entered: 03/04/2022) (0) |
| Mar 4, 2022 | 104 | DECLARATION of MIchael Janich in support of defendants' summary judgment motion NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity of Plaintiff's Patent, Granting Judgment to Defendants on their Second Counterclaim and Dismissing the Complaint 102 refiled (second time) because of error message in original and supplemental filing filed by Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Exhibit Ex. A to Janich Decl)(Olsen, John) (Entered: 03/04/2022) (0) |
| Feb 25, 2022 | 96 | ORDER REGARDING PLAINTIFF'S MOTION FOR CLARIFICATION AND LEAVE FROM THE SCHEDULING ORDER 93 by Judge John W. Holcomb. The Motion is GRANTED. Benchmade may file its Daubert motion with a hearing date of April 1, 2022. Benchmade may file its Daubert memorandum with up to 15 pages. Hogue may file a response of up to 15 pages. IT IS HEREBY ORDERED. (See document for further details) (yl) (Entered: 02/25/2022) (2) |
| Feb 24, 2022 | 94 | (IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has reviewed "Plaintiff's Motion for Clarification ofand Leave fromthe Scheduling Order" ("Plaintiff's Motion") [ECF No. 93 ]. On its own motion, the Court will treat Plaintiff's Motion as an ex parte application. Accordingly, Defendants are DIRECTED to file a response to Plaintiff's Motion on or before February 25, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 02/24/2022) (0) |
| Feb 24, 2022 | 95 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to from Scheduling Order Plaintiff's Motion for Clarification of--and Leave From--the Scheduling Order 93 filed by Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 02/24/2022) (6) |
| Feb 23, 2022 | 93 | NOTICE OF MOTION AND MOTION to from Scheduling Order Plaintiff's Motion for Clarification of--and Leave From--the Scheduling Order filed by Plaintiff Benchmade Knife Co., Inc.. Motion set for hearing on 3/25/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit 1, # 4 Proposed Order) (Aldrich, Nicholas) (Entered: 02/23/2022) (0) |
| Feb 22, 2022 | 92 | MEMORANDUM OPINION AND ORDER ON PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSE OF INEQUITABLE CONDUCT [ECF No. 77 ] by Judge John W. Holcomb. For the foregoing reasons, the Court hereby DENIES the Motion. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 02/23/2022) (8) |
| Feb 18, 2022 | 91 | MEDIATION REPORT Filed by Mediator (ADR Panel) Brian Brookey: Mediation held on February 17, 2022. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Brookey, Brian) (Entered: 02/18/2022) (1) |
| Feb 1, 2022 | 90 | (IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that Plaintiffs' Motion to Strike [ECF No. 77] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on February 4, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 02/01/2022) (0) |
| Jan 28, 2022 | 89 | NOTICE of Change of Attorney Business or Contact Information: for attorney Diane T. Gorczyca counsel for Defendant Hogue, Inc, Counter Claimant Hogue, Inc. Changing address to 181 E. Tasman Dr. #20-378 San Jose CA 95134. Changing e-mail to dianegorczyca@gmail.com. Filed by Defendant Hogue, Inc, Counter Claimant Hogue, Inc. (Gorczyca, Diane) (Entered: 01/28/2022) (2) |
| Jan 21, 2022 | 87 | REPLY In Support of NOTICE OF MOTION AND MOTION to Strike Defendants' Affirmative Defense of Inequitable Conduct Answer to Complaint (Attorney Civil Case Opening) 72 , Sealed Document, 73 77 filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.. (Attachments: # 1 Declaration, # 2 Exhibit 1)(Aldrich, Nicholas) (Entered: 01/21/2022) (0) |
| Jan 21, 2022 | 88 | Notice of Appearance or Withdrawal of Counsel: for attorney John F. Olsen counsel for Counter Claimants Hogue Tool & Machine, Inc., Hogue Tool & Machine, Inc., Hogue, Inc, Defendants Hogue Tool & Machine, Inc., Hogue, Inc. Diane Gorczyca is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendants Hogue, Inc. and Hogue Tool and Machine, Inc.. (Olsen, John) (Entered: 01/21/2022) (2) |
| Jan 20, 2022 | 86 | NOTICE OF MEDIATION DATE filed. Mediation set for February 17, 2022.(Brookey, Brian) (Entered: 01/20/2022) (1) |
| Jan 19, 2022 | 85 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Brian Brookey has been assigned to serve as Panel Mediator. (lst) (Entered: 01/19/2022) (1) |
| Jan 18, 2022 | 84 | STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Brian K. Brookey may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 2/17/2022 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Counter Defendants Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Benchmade Knife Co., Inc., Plaintiff Benchmade Knife Co., Inc.(Aldrich, Nicholas) (Entered: 01/18/2022) (2) |
| Jan 14, 2022 | 83 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Defendants' Affirmative Defense of Inequitable Conduct Answer to Complaint (Attorney Civil Case Opening) 72 , Sealed Document, 73 77 filed by Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Olsen, John) (Entered: 01/14/2022) (27) |
| Jan 12, 2022 | 82 | ORDER GRANTING STIPULATED REVISED ADR PROCEDURE 81 by Judge John W. Holcomb. The parties are DIRECTED to utilize L.R. 16-15.4, ADR Procedure 2. IT IS SO ORDERED. (lom) (Entered: 01/12/2022) (2) |
| Jan 11, 2022 | 81 | STIPULATION to Amend Order/Referral to ADR (No 1) (Judge) (ADR-12) 35 filed by defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Proposed Order Amending ADR Procedure from No. 1 to No. 2)(Olsen, John) (Entered: 01/11/2022) (0) |
| Jan 6, 2022 | 77 | NOTICE OF MOTION AND MOTION to Strike Defendants' Affirmative Defense of Inequitable Conduct Answer to Complaint (Attorney Civil Case Opening) 72 , Sealed Document, 73 filed by Plaintiffs Benchmade Knife Co., Inc.(an Oregon corporation), Mentor Group, LLC(an Oregon limited liability company). Motion set for hearing on 2/4/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum, # 2 Declaration of Samantha Burnside, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Proposed Order) (Aldrich, Nicholas) (Entered: 01/06/2022) (0) |
| Jan 6, 2022 | 78 | ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO DROP MENTOR GROUP, LLC FROM THE LAWSUIT PURSUANT TO FED. R. CIV. P. 21 AND 25 [ECF No. 75] by Judge John W. Holcomb: The Court, having considered the motion and good cause appearing, finds the motion should be GRANTED. Mentor Group, LLC is no longer a party to this case. Benchmade Knife Co., Inc. is the sole plaintiff and counterclaim defendant, and the caption for the case shall so reflect the change. IT IS HEREBY ORDERED. (yl) (Entered: 01/06/2022) (2) |
| Jan 6, 2022 | 79 | Plaintiff Benchmade Knife Co., Inc.'s ANSWER to Counterclaim, 74 for Declaration of Non-Infringement and Invalidity filed by Plaintiff Benchmade Knife Co., Inc.(an Oregon corporation).(Aldrich, Nicholas) (Entered: 01/06/2022) (5) |
| Jan 6, 2022 | 80 | ORDER GRANTING STIPULATED REVISED SCHEDULING ORDER AS TO EXPERT DISCOVERY DEADLINES 76 by Judge John W. Holcomb. The Court hereby GRANTS the Application. Plaintiffs' Rebuttal Expert Report is due: January 28, 2022. Expert Deposition/Discovery Deadline: February 11, 2022. (lom) (Entered: 01/07/2022) (2) |
| Jan 4, 2022 | 75 | NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Mentor Group, LLC(an Oregon limited liability company) Unopposed Motion to Drop Mentor Group, LLC from the Lawsuit Pursuant to Fed. R. Civ. P. 21 and 25 filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC(an Oregon limited liability company). Motion set for hearing on 2/4/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum Memo in Support, # 2 Declaration Burnside Declaration in Support, # 3 Exhibit Ex. 1 to Burnside Declaration, # 4 Exhibit Ex. 2 to Burnside Declaration, # 5 Exhibit Ex. 3 to Burnside Declaration, # 6 Proposed Order) (Aldrich, Nicholas) (Entered: 01/04/2022) (0) |
| Jan 4, 2022 | 76 | STIPULATION for Order Granting Stipulated Revised Scheduling Order as to Expert Discovery Deadlines filed by Plaintiffs Benchmade Knife Co., Inc.(an Oregon corporation), Mentor Group, LLC(an Oregon limited liability company). (Attachments: # 1 Proposed Order)(Aldrich, Nicholas) (Entered: 01/04/2022) (0) |
| Dec 23, 2021 | 72 | ANSWER to Amended Complaint/Petition, 60 joint answer and amended affirmative defenses -- redacted filed by defendants Hogue Tool & Machine, Inc., Hogue, Inc.(Olsen, John) (Entered: 12/23/2021) (11) |
| Dec 23, 2021 | 73 | SEALED DOCUMENT joint answer and amended affirmative defenses -- unredacted re Answer to Complaint (Attorney Civil Case Opening) 72 , Order on Motion for Leave to File Document Under Seal 68 , Order on Motion to Amend/Correct 71 filed by Defendants Hogue Tool & Machine, Inc., Hogue, Inc.(Olsen, John) (Entered: 12/23/2021) (0) |
| Dec 23, 2021 | 74 | Renewed COUNTERCLAIM against Plaintiffs Counterclaim Defendants Benchmade Knife Co., Inc.(an Oregon corporation), Mentor Group, LLC(an Oregon limited liability company); yes, filed by defendant and counterclaimant Hogue Tool & Machine, Inc..(Olsen, John) (Entered: 12/23/2021) (5) |
| Dec 22, 2021 | 69 | NOTICE OF MOTION AND MOTION to amend Answer to Complaint (Attorney Civil Case Opening) 64 filed by defendant Hogue Tool & Machine, Inc.. Motion set for hearing on 1/21/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Exhibit Proposed Amended Answer and Affirmative Defenses - Redacted, # 2 Exhibit Proposed Redlined Amended Answer and Affirmative Defenses - Redacted, # 3 Memorandum Memorandum of Law in Support of Motion, # 4 Proposed Order Proposed Order Granting Motion to Amend) (Olsen, John) (Entered: 12/22/2021) (0) |
| Dec 22, 2021 | 70 | SEALED DOCUMENT Unredacted Proposed Amended Answer to Amended Complaint - clean and redlined versions re NOTICE OF MOTION AND MOTION to amend Answer to Complaint (Attorney Civil Case Opening) 64 69 , Order on Motion for Leave to File Document Under Seal 68 filed by Defendant Hogue Tool & Machine, Inc.. (Attachments: # 1 Exhibit Redlined Proposed Amended Answer and Affirmative Defenses)(Olsen, John) (Entered: 12/22/2021) (0) |
| Dec 22, 2021 | 71 | ORDER GRANTING DEFENDANT HOGUE TOOL AND MACHINE, INC.'S UNOPPOSED MOTION TO AMEND JOINT ANSWER AND AFFIRMATIVE DEFENSES 69 by Judge John W. Holcomb. (lom) (Entered: 12/22/2021) (2) |
| Dec 21, 2021 | 68 | ORDER GRANTING DEFENDANT HOGUE TOOL & MACHINE, INC.'S APPLICATION TO FILE UNDER SEAL 66 by Judge John W. Holcomb. (See document for further details) (yl) (Entered: 12/21/2021) (2) |
| Dec 20, 2021 | 66 | APPLICATION to file document Proposed Answer and Amended Affirmative Defenses to Amended Complaint under seal filed by Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Redacted Document Proposed Answer and Amended Affirmative Defenses to Amended Complaint, # 2 Redacted Document Proposed Answer and Amended Affirmative Defenses to Amended Complaint - redlined to show changes, # 3 Proposed Order Proposed Sealing Order)(Olsen, John) (Entered: 12/20/2021) (0) |
| Dec 20, 2021 | 67 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Proposed Answer and Amended Affirmative Defenses to Amended Complaint under seal 66 filed by Defendants Hogue Tool & Machine, Inc., Hogue, Inc. (Attachments: # 1 Unredacted Document Proposed Answer and Amended Affirmative Defenses to Amended Complaint, # 2 Unredacted Document Proposed Answer and Amended Affirmative Defenses to Amended Complaint - redlined to show changes)(Olsen, John) (Entered: 12/20/2021) (0) |
| Dec 7, 2021 | 64 | ANSWER to Amended Complaint/Petition, 60 filed by defendants Hogue Tool & Machine, Inc., Hogue, Inc.(Attorney John F. Olsen added to party Hogue Tool & Machine, Inc.(pty:dft))(Olsen, John) (Entered: 12/07/2021) (8) |
| Dec 7, 2021 | 65 | COUNTERCLAIM against Plaintiffs Counterclaim Defendants Benchmade Knife Co., Inc., Mentor Group, LLC; jury demand, filed by defendant and counterclaimant Hogue Tool & Machine, Inc..(Olsen, John) (Entered: 12/07/2021) (5) |
| Nov 29, 2021 | 63 | PROOF OF SERVICE Executed by Plaintiff Mentor Group, LLC, Benchmade Knife Co., Inc., upon Defendant Hogue Tool & Machine, Inc. served on 11/29/2021, answer due 12/20/2021. Service of the Summons and Complaint were executed upon Jed Ferdinand, attorney in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Attachments: # 1 Exhibit 1)(Aldrich, Nicholas) (Entered: 11/29/2021) (0) |
| Nov 24, 2021 | 62 | 21 DAY Summons Issued re Amended Complaint/Petition, 60 as to Defendant Hogue Tool & Machine, Inc.. (yl) (Entered: 11/24/2021) (2) |
| Nov 23, 2021 | 60 | First AMENDED COMPLAINT against Defendant Hogue, Inc, Hogue Tool & Machine, Inc. amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiffs Mentor Group, LLC, Benchmade Knife Co., Inc. (Attachments: # 1 Exhibit A)(Aldrich, Nicholas) (Entered: 11/23/2021) (0) |
| Nov 23, 2021 | 61 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 60 filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Aldrich, Nicholas) (Entered: 11/23/2021) (2) |
| Nov 23, 2021 | 60 | Amended Complaint* (1) |
| Nov 22, 2021 | 59 | ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO AMEND COMPLAINT [ECF No. 58 ] by Judge John W. Holcomb: The Motion is GRANTED. Plaintiffs are DIRECTED to file their Amended Complaint no later than November 29, 2021. IT IS SO ORDERED (See document for further details) (yl) (Entered: 11/23/2021) (2) |
| Nov 19, 2021 | 58 | NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. Motion set for hearing on 12/17/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Memorandum, # 4 Proposed Order) (Aldrich, Nicholas) (Entered: 11/19/2021) (0) |
| Nov 9, 2021 | 57 | ORDER by Judge John W. Holcomb: granting 56 Non-Resident Attorney Scott D. Eads APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Mentor Group, LLC and Benchmade Knife Co., Inc., designating Steven A. Wilson as local counsel. (mrgo) (Entered: 11/10/2021) (1) |
| Nov 8, 2021 | 55 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott D. Eads to Appear Pro Hac Vice on behalf of Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Rec 54 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) (Entered: 11/08/2021) (1) |
| Nov 8, 2021 | 56 | Corrected APPLICATION of Non-Resident Attorney Scott D. Eads to Appear Pro Hac Vice on behalf of Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/5/2021, Receipt No. ACACDC- 32282680) filed by Plaintiff and Counterclaim-Defendant Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Wilson, Steven) (Entered: 11/08/2021) (0) |
| Nov 5, 2021 | 54 | APPLICATION of Non-Resident Attorney Scott D. Eads to Appear Pro Hac Vice on behalf of Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32282680) filed by Plaintiffs and Counterclaim Defendants Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Wilson, Steven) (Entered: 11/05/2021) (0) |
| Nov 4, 2021 | 53 | ORDER by Judge John W. Holcomb: denying 51 Non-Resident Attorney Eads, Scott D. APPLICATION to Appear Pro Hac Vice on behalf of Mentor Group, LLC and Benchmade Knife Co., Inc. IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. Terming Attorney Scott D. Eads. (yl) (Entered: 11/05/2021) (1) |
| Nov 2, 2021 | 52 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott D. Eads to Appear Pro Hac Vice on behalf of Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32251964) 51 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) (Entered: 11/02/2021) (1) |
| Nov 1, 2021 | 51 | APPLICATION of Non-Resident Attorney Scott D. Eads to Appear Pro Hac Vice on behalf of Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32251964) filed by Plaintiff Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Wilson, Steven) (Entered: 11/01/2021) (0) |
| Oct 29, 2021 | 50 | Notice of Appearance or Withdrawal of Counsel: for attorney Steven Andrew Wilson counsel for Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. Sami Irene Schilly is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counter Defendants Mentor Group, LLC and Benchmade Knife Co., Inc.. (Wilson, Steven) (Entered: 10/29/2021) (2) |
| Sep 23, 2021 | 49 | ORDER GRANTING STIPULATED REVISED SCHEDULING ORDER by Judge John W. Holcomb, re Stipulation 48 : The Court, having reviewed the parties' Stipulated Revised Scheduling Order, and good cause appearing therefor, hereby GRANTS the Application. The amended pretrial and trial dates are as follows: Fact Discovery Cut-Off (including hearing of discovery motions):11/19/2021; Deadline for Initial Disclosure of Expert Witnesses: 12/17/2021; Deadline for Disclosure of Rebuttal Expert Witnesses: 01/07/2022; Expert Discovery Cut-Off (including hearing of expert discovery motions): 01/21/2022; Last Date to Conduct Settlement Conference: 02/18/2022; Dispositive Motion Hearing Cut-Off: 04/01/2022; Deadline for Hearing on Motions in Limine:05/13/2022 at 9:00 a.m.; Final Pretrial Conference 05/20/2022 at 11:00 a.m.; Trial Date (Jury) Estimated Length: 5 Days: 06/06/2022 at 9:00 a.m. (bm) (Entered: 09/23/2021) (2) |
| Sep 22, 2021 | 48 | STIPULATION for Order Granting Stipulated Revised Scheduling Order filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order)(Aldrich, Nicholas) (Entered: 09/22/2021) (0) |
| Aug 3, 2021 | 47 | ORDER by Judge John W. Holcomb granting 44 Non-Resident Attorney Mario E Delegato APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC., designating M John Carson as local counsel. (jp) (Entered: 08/03/2021) (1) |
| Jul 27, 2021 | 45 | NOTICE of Change of firm name and address by Balazs Takacs attorney for Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. Changing firm name to N/A and address to 3400 Stone Way N, Seattle, WA 98103. Filed by Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Takacs, Balazs) (Entered: 07/27/2021) (2) |
| Jul 27, 2021 | 46 | Notice of Appearance or Withdrawal of Counsel: for attorney Balazs Takacs counsel for Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. Balazs Takacs is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs/Counterclaim Defendants Benchmade Knife Co. and Mentor Group Inc.. (Takacs, Balazs) (Entered: 07/27/2021) (2) |
| Jul 13, 2021 | 44 | APPLICATION of Non-Resident Attorney Mario E. Delegato to Appear Pro Hac Vice on behalf of Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31624801) filed by Plaintiffs and Counterclaim Defendants Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Carson, Merl) (Entered: 07/13/2021) (0) |
| May 19, 2021 | 43 | STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 42 . (efc) (Entered: 05/19/2021) (19) |
| May 18, 2021 | 42 | STIPULATION for Protective Order filed by defendant Hogue, Inc. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Gorczyca, Diane) (Entered: 05/18/2021) (0) |
| May 14, 2021 | 40 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order 39 . The following error(s) was/were found: incorrect event used. Other error(s) with document(s): The Stipulation for Protective Order does not fully comply with Judge Standish's procedures. The language in the filed Stipulation should replicate that in the proposed order. 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. (efc) (Entered: 05/14/2021) (1) |
| May 14, 2021 | 41 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation for Protective Order 39 by Magistrate Judge Gail J. Standish. The document is stricken. Counsel shall review Judge Standish's procedures re protective orders, strictly comply, and refile the protective order; a proposed order shall be attached to the Stipulation. Please note that counsel is required to use the Court's model protective order (limited changes will be considered; NO change to Duration). A copy of the filed stipulation, clean Word version of the proposed Order and a redlined version of the proposed order shall be submitted to the judge's chambers email address. (efc) (Entered: 05/14/2021) (1) |
| May 13, 2021 | 39 | (STRICKEN PURSUANT TO COURT ORDER) Joint STIPULATION for Protective Order filed by defendant Hogue, Inc. (Attachments: # 1 Proposed Order Proposed Stipulated Protective Order)(Gorczyca, Diane) Modified on 5/14/2021 (efc). (Entered: 05/13/2021) (0) |
| Apr 30, 2021 | 37 | TRANSCRIPT for proceedings held on 4/9/21 11:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/21/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/29/2021. (Baird, Miriam) (Entered: 04/30/2021) (19) |
| Apr 30, 2021 | 38 | NOTICE OF FILING TRANSCRIPT filed for proceedings 4/9/21 11:00 am re Transcript 37 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY (Entered: 04/30/2021) (0) |
| Apr 28, 2021 | 36 | TRANSCRIPT ORDER as to Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC for Court Reporter. Court will contact Samantha Burnside at sburnside@schwabe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Aldrich, Nicholas) (Entered: 04/28/2021) (2) |
| Apr 9, 2021 | 32 | ORDER by Judge John W. Holcomb: granting 31 Non-Resident Attorney Ferdinand, III, Edmund APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Hogue, Inc., designating Olsen, John F. as local counsel. (yl) (Entered: 04/12/2021) (1) |
| Apr 9, 2021 | 33 | MINUTES OF VIDEO HEARING RE: SCHEDULING CONFERENCE held before Judge John W. Holcomb. Counsel state their appearances. The Court sets a trial schedule. The Court will issue a separate trial scheduling order. IT IS SO ORDERED. Court Reporter: Miriam Baird. (yl) (Entered: 04/12/2021) (1) |
| Apr 9, 2021 | 34 | CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb. Last Day to Move to Amend Pleadings or to Add New Parties: in accordance with Fed. R. Civ. P. 15(a) & Fed. R. Civ. P. 16(b)(4) Deadline for Invalidity Contentions: 7/30/2021;Fact Discovery Cut-Off (including hearing of discovery motions): 10/8/2021; Deadline for Initial Designation of Expert Witnesses: 11/5/2021; Deadline for Designation of Rebuttal Expert Witnesses: 11/19/2021; Expert Discovery Cut-Off (including hearing of expert discovery motions): 12/10/2021 Dispositive Motion Hearing Cut-Off:2/18/2022; Last day to Conduct Settlement Conference: 1/7/2022; Deadline for Hearing on Motions in Limine: 3/25/2022 at 9:00 a.m. (See document for further details) (yl) (Entered: 04/12/2021) (15) |
| Apr 9, 2021 | 35 | ORDER/REFERRAL to ADR Procedure No 1 by Judge John W. Holcomb. Case ordered to Magistrate Judge for Settlement Conference. ADR Proceeding to be held no later than 1/7/2022. (yl) (Entered: 04/12/2021) (1) |
| Apr 3, 2021 | 31 | First EX PARTE APPLICATION of Non-Resident Attorney Edmund J. Ferdinand, III to Appear Pro Hac Vice on behalf of Counter Claimant Hogue, Inc, Defendant Hogue, Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31041458) filed by defendant and counterclaim plaintiff Hogue, Inc. (Attachments: # 1 Proposed Order Proposed order granting pro hac vice application) (Olsen, John) (Entered: 04/03/2021) (0) |
| Apr 1, 2021 | 30 | Notice of Appearance or Withdrawal of Counsel: for attorney S. Drew Wilson counsel for Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. Adding Steven Andrew Wilson as counsel of record for Mentor Group, LLC and Benchmade Knife Co., Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counterclaim-Defendants Mentor Group, LLC and Benchmade Knife Co., Inc.. (Attorney S. Drew Wilson added to party Benchmade Knife Co., Inc.(pty:cd), Attorney S. Drew Wilson added to party Benchmade Knife Co., Inc.(pty:pla), Attorney S. Drew Wilson added to party Mentor Group, LLC(pty:pla), Attorney S. Drew Wilson added to party Mentor Group, LLC(pty:cd))(Wilson, S.) (Entered: 04/01/2021) (2) |
| Mar 26, 2021 | 29 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Counter Defendants Benchmade Knife Co., Inc., Mentor Group, LLC, Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC.. (Aldrich, Nicholas) (Entered: 03/26/2021) (18) |
| Mar 9, 2021 | 28 | Notice of Appearance or Withdrawal of Counsel: for attorney Diane T Gorczyca counsel for Counter Claimant Hogue, Inc, Defendant Hogue, Inc. Adding Diane T. Gorczyca as counsel of record for Hogue, Inc. for the reason indicated in the G-123 Notice. Filed by defendant and counter-claimant Hogue, Inc.. (Attorney Diane T Gorczyca added to party Hogue, Inc(pty:cc), Attorney Diane T Gorczyca added to party Hogue, Inc(pty:dft))(Gorczyca, Diane) (Entered: 03/09/2021) (2) |
| Mar 3, 2021 | 27 | Plaintiffs Mentor Group, LLC and Benchmade Knife Co., Inc.'s ANSWER to Amended Counterclaim 26 for Declaration of Non-Infringement and Invalidity filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC.(Aldrich, Nicholas) (Entered: 03/03/2021) (4) |
| Feb 18, 2021 | 25 | AMENDED ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by defendant Hogue, Inc. (Olsen, John) (Entered: 02/18/2021) (10) |
| Feb 18, 2021 | 26 | First AMENDED COUNTERCLAIM against plaintiffs Hogue, Inc amending Counterclaim 22 ; JURY DEMAND, filed by defendant and counterclaimant Hogue, Inc(Olsen, John) (Entered: 02/18/2021) (7) |
| Jan 31, 2021 | 24 | ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 4/9/2021 at 11:00 AM before Judge John W. Holcomb. (iva) (Entered: 01/31/2021) (7) |
| Jan 28, 2021 | 21 | ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Hogue, Inc.(Olsen, John) (Entered: 01/28/2021) (11) |
| Jan 28, 2021 | 22 | COUNTERCLAIM against Plaintiffs Counterclaim Defendants Benchmade Knife Co., Inc., Mentor Group, LLC; yes, filed by defendant Hogue, Inc.(Olsen, John) (Entered: 01/28/2021) (7) |
| Jan 28, 2021 | 23 | NOTICE of Interested Parties filed by defendant Hogue, Inc, identifying none. (Olsen, John) (Entered: 01/28/2021) (3) |
| Jan 6, 2021 | 20 | STIPULATION Extending Time to Answer the complaint as to Hogue, Inc answer now due 1/28/2021, re Complaint (Attorney Civil Case Opening), 1 filed by defendant Hogue, Inc.(Attorney John F. Olsen added to party Hogue, Inc(pty:dft))(Olsen, John) (Entered: 01/06/2021) (2) |
| Jan 4, 2021 | 19 | PROOF OF SERVICE Executed by Plaintiff Mentor Group, LLC, Benchmade Knife Co., Inc., upon Defendant Hogue, Inc served on 12/31/2020, answer due 1/21/2021. Service of the Summons and Complaint were executed upon Refused Name - Substituted Service in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Aldrich, Nicholas) (Entered: 01/04/2021) (2) |
| Dec 21, 2020 | 17 | ORDER by Judge John W. Holcomb: granting 14 Non-Resident Attorney Nicholas (Nika) F. Aldrich APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Mentor Group and Benchmade Knife Co., Inc., designating M. John Carson as local counsel. (bm) (Entered: 12/21/2020) (1) |
| Dec 21, 2020 | 18 | ORDER by Judge John W. Holcomb: granting 16 Non-Resident Attorney Balazs Takacs APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Mentor Group and Benchmade Knife Co., Inc., designating M. John Carson as local counsel. (bm) (Entered: 12/21/2020) (1) |
| Dec 16, 2020 | 14 | APPLICATION of Non-Resident Attorney Nicholas (Nika) F. Aldrich to Appear Pro Hac Vice on behalf of Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29562335) filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Carson, Merl) (Entered: 12/16/2020) (0) |
| Dec 16, 2020 | 15 | APPLICATION of Non-Resident Attorney Balazs Takacs to Appear Pro Hac Vice on behalf of Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29562797) filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Carson, Merl) (Entered: 12/16/2020) (0) |
| Dec 16, 2020 | 16 | Corrected APPLICATION of Non-Resident Attorney Balazs Takacs to Appear Pro Hac Vice on behalf of Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC (Pro Hac Vice Fee - $500 Previously Paid on 12/16/2020, Receipt No. ACACDC-29562797) filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Attachments: # 1 Proposed Order) (Carson, Merl) (Entered: 12/16/2020) (0) |
| Dec 15, 2020 | 13 | STANDING ORDER by Judge John W. Holcomb. (iva) (Entered: 12/15/2020) (10) |
| Dec 14, 2020 | 12 | NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge John F. Walter. Case transferred from Judge John F. Walter to Judge John W. Holcomb for all further proceedings. Case number now reads 2:20-cv-11177-JWH-GJSx. (aco) (Entered: 12/14/2020) (1) |
| Dec 10, 2020 | 7 | NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Gail J. Standish. (esa) (Entered: 12/10/2020) (1) |
| Dec 10, 2020 | 8 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 12/10/2020) (2) |
| Dec 10, 2020 | 9 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nika Aldrich. 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. (esa) (Entered: 12/10/2020) (1) |
| Dec 10, 2020 | 10 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Balazs Takacs. 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. (esa) (Entered: 12/10/2020) (1) |
| Dec 10, 2020 | 11 | 21 DAY Summons issued re Complaint 1 as to defendant Hogue, Inc. (esa) (Entered: 12/10/2020) (2) |
| Dec 9, 2020 | 2 | CIVIL COVER SHEET filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Schilly, Sami) (Entered: 12/09/2020) (3) |
| Dec 9, 2020 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Benchmade Knife Co., Inc., Mentor Group, LLC. (Schilly, Sami) (Entered: 12/09/2020) (2) |
| Dec 9, 2020 | 4 | Certification and NOTICE of Interested Parties filed by Plaintiff Mentor Group, LLC, (Schilly, Sami) (Entered: 12/09/2020) (1) |
| Dec 9, 2020 | 5 | Certification and NOTICE of Interested Parties filed by Plaintiff Benchmade Knife Co., Inc., (Schilly, Sami) (Entered: 12/09/2020) (1) |
| Dec 9, 2020 | 6 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Benchmade Knife Co., Inc., Mentor Group, LLC. (Schilly, Sami) (Entered: 12/09/2020) (1) |
| Dec 9, 2020 | 1 | Complaint* (1) |
