Case number 4:21-cv-00616
Wilco Marsh Buggies and Draglines Incorporated v. Houston Heavy Machinery, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 10, 2023 | 64 | ORDER OF DISMISSAL entered. Case terminated on 1/10/23. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 01/10/2023) (0) |
| Jan 6, 2023 | 63 | STIPULATION of Dismissal by Houston Heavy Machinery, LLC, filed. (Attachments: # 1 Proposed Order)(Leachman, Michael) (Entered: 01/06/2023) (0) |
| Dec 7, 2022 | 62 | AMENDED SCHEDULING/ DOCKET CONTROL ORDER. Dispositive Motion Filing due by 1/6/2023. Joint Pretrial Order due by 3/6/2023. Docket Call set for 3/13/2023 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) Parties notified.(gclair, 4) (Entered: 12/07/2022) (2) |
| Dec 6, 2022 | 61 | ORDER granting 60 Motion for Extension of Time. Dispositive Motion Filing due by 12/16/2022.(Signed by Judge Lee H Rosenthal) Parties notified.(HeatherCarr, 4) (Entered: 12/07/2022) (1) |
| Dec 5, 2022 | 60 | MOTION for Extension of Time of the Pretrial Dispositive Motions Deadline to December 16, 2022 (11 days) by Houston Heavy Machinery, LLC, filed. Motion Docket Date 12/27/2022. (Attachments: # 1 Proposed Order)(Leachman, Michael) (Entered: 12/05/2022) (0) |
| Sep 23, 2022 | 59 | MEMORANDUM AND ORDER entered: Wilco's motion to dismiss its own claims under Rule 41(a)(2) is granted. Its motion to dismiss Houston Heavy Machinery's counterclaims under Rule 12(b)(1) is denied on the present record.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 09/23/2022) (4) |
| Sep 8, 2022 | 58 | ORDER granting 57 Motion to Withdraw as Attorney. Attorney Ian Charles Barras terminated.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 09/08/2022) (1) |
| Sep 8, 2022 | 57 | Ex Parte MOTION for Ian C. Barras to Withdraw as Attorney by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 9/29/2022. (Attachments: # 1 Proposed Order)(Barras, Ian) (Entered: 09/08/2022) (0) |
| Sep 7, 2022 | 56 | Defendant's SURREPLY to 45 MOTION to Dismiss All Claims and Counterclaims, filed by Houston Heavy Machinery, LLC. (kpicota, 4) (Entered: 09/07/2022) (4) |
| Sep 7, 2022 | 55 | ORDER granting 54 Motion for Leave to File..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4) (Entered: 09/07/2022) (1) |
| Sep 6, 2022 | 54 | Unopposed MOTION for Leave to File Defendant's Surreply Opposing Plaintiff's Motion to Dismiss by Houston Heavy Machinery, LLC, filed. Motion Docket Date 9/27/2022. (Attachments: # 1 Exhibit Proposed Surreply, # 2 Proposed Order)(Leachman, Michael) (Entered: 09/06/2022) (0) |
| Sep 1, 2022 | 53 | REPLY in Support of 45 MOTION to Dismiss All Claims and Counterclaims, filed by Wilco Marsh Buggies and Draglines Incorporated. (Kepper, Stephen) (Entered: 09/01/2022) (5) |
| Aug 25, 2022 | 52 | ORDER granting 51 Motion for Extension of Time; Motion-related deadline set re: 51 Unopposed MOTION for Extension of Time to File Reply Memorandum in Support of Plaintiff's Motion to Dismiss. Replies due by 9/1/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 08/25/2022) (1) |
| Aug 24, 2022 | 51 | Unopposed MOTION for Extension of Time to File Reply Memorandum in Support of Plaintiff's Motion to Dismiss by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 9/14/2022. (Attachments: # 1 Proposed Order)(Kepper, Stephen) (Entered: 08/24/2022) (0) |
| Aug 18, 2022 | 50 | RESPONSE to 45 MOTION to Dismiss All Claims and Counterclaims filed by Houston Heavy Machinery, LLC. (Attachments: # 1 Harris Declaration, # 2 Exhibit A)(Leachman, Michael) (Entered: 08/18/2022) (0) |
| Aug 12, 2022 | 49 | ORDER entered GRANTING: 48 Unopposed MOTION for Extension of Time for the Deadline for Expert Witness Designations. The expert deadlines are extended as stated. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 08/12/2022) (1) |
| Aug 11, 2022 | 48 | Unopposed MOTION for Extension of Time for the Deadline for Expert Witness Designations by Houston Heavy Machinery, LLC, filed. Motion Docket Date 9/1/2022. (Attachments: # 1 Proposed Order)(Leachman, Michael) (Entered: 08/11/2022) (0) |
| Aug 10, 2022 | 47 | ORDER granting 46 Motion for Extension of Time; Response to 45 MOTION to Dismiss All Claims and Counterclaims due by 8/18/2022. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4) (Entered: 08/11/2022) (1) |
| Aug 10, 2022 | 46 | Unopposed MOTION for Extension of Time File Response Opposing Plaintiff's Motion to Dismiss All Claims and Counterclaims 45 by Houston Heavy Machinery, LLC, filed. Motion Docket Date 8/31/2022. (Attachments: # 1 Proposed Order)(Leachman, Michael) (Entered: 08/10/2022) (0) |
| Jul 21, 2022 | 45 | MOTION to Dismiss All Claims and Counterclaims by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 8/11/2022. (Attachments: # 1 Exhibit A (Covenant Not to Sue), # 2 Proposed Order)(Kepper, Stephen) (Entered: 07/21/2022) (0) |
| May 27, 2022 | 44 | ORDER granting 43 Unopposed Motion for Leave to Amend Preliminary InvalidityContentions Pursuant to P.R. 3-7.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 05/27/2022) (1) |
| May 26, 2022 | 43 | Unopposed MOTION to Amend by Houston Heavy Machinery, LLC, filed. Motion Docket Date 6/16/2022. (Attachments: # 1 Exhibit A - Binkley Declaration, # 2 Exhibit B - Clark 1983 Report, # 3 Exhibit C - Parchure 1996 Report, # 4 Exhibit D - Proposed 1st Am. Invalidity Contentions & Claim Charts, # 5 Proposed Order)(Leachman, Michael) (Entered: 05/26/2022) (0) |
| May 24, 2022 | 42 | MEMORANDUM OPINION on CLAIM CONSTRUCTION entered: The parties have not shown that the court should depart from Judge Barbier's conclusions.Wilco's proposed constructions for chassis, and amphibious chassis are adopted. Houston Heavy Machinery's proposed constructions for pontoon, spud, and adapted to laterally support are adopted. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 05/24/2022) (27) |
| May 16, 2022 | 41 | AO 435 TRANSCRIPT REQUEST by Houston Heavy Machinery, LLC for Transcript of Markman Hearing Held 4/27/2022 before Judge Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Phillips, Jeffrey) (Entered: 05/16/2022) (1) |
| Apr 27, 2022 | 40 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Markman Hearing held on April 27, 2022. The court heard oral argument on the disputed terms and took the matter under advisement. Appearances: Thomas Keaty/Stephen Kepper/Wes Lotz for Pltf. and Michael Leachman/ Jeffrey Phillips for Deft.(Court Reporter: H. Alcaraz), filed.(leddins, 4) (Entered: 05/03/2022) (0) |
| Apr 22, 2022 | 39 | REPLY to 36 Brief,,, in Support of Opening Claim Construction Brief, filed by Wilco Marsh Buggies and Draglines Incorporated. (Kepper, Stephen) (Entered: 04/22/2022) (7) |
| Apr 22, 2022 | 38 | NOTICE of Filing of Joint Claim Construction Chart re: 32 Scheduling Order, by Wilco Marsh Buggies and Draglines Incorporated, filed. (Attachments: # 1 Exhibit A - Joint Claim Construction Chart)(Kepper, Stephen) (Entered: 04/22/2022) (0) |
| Apr 15, 2022 | 37 | BRIEF Defendant's Opening Claim Construction Brief by Houston Heavy Machinery, LLC, filed. (Attachments: # 1 Exhibit A - U.S. Patent No. 6,918,801, # 2 Exhibit B - Judge Barbier's Claim Construction Decision, # 3 Exhibit C (part 1 of 3) - Hudson Claim Construction Expert Report & Exhibits, # 4 Exhibit C (part 2 of 3) - Hudson Claim Construction Expert Report & Exhibits, # 5 Exhibit C (part 3 of 3) - Hudson Claim Construction Expert Report & Exhibits, # 6 Exhibit D - PTAB Decision Denying Institution, # 7 Exhibit E - "Chassis" Definition (Merriam-Webster Dictionary), # 8 Exhibit F - Soehnlen '633 Patent, # 9 Exhibit G - Bennett Deposition Excerpts, # 10 Exhibit H - "Lateral" Definition (Merriam-Webster Dictionary), # 11 Exhibit I - "Support" Definition (Collins Dictionary), # 12 Exhibit J - Landis on Mechanics of Patent Claim Drafting, # 13 Exhibit K - Sheldon on How to Write a Patent Application)(Leachman, Michael) (Entered: 04/15/2022) (0) |
| Mar 18, 2022 | 36 | BRIEF Plaintiff's Opening Claim Construction Brief by Wilco Marsh Buggies and Draglines Incorporated, filed. (Attachments: # 1 Exhibit 1- Patent No. 6,918,801, # 2 Exhibit 2- Declaration of John Wilson Jr., # 3 Exhibit 3- Merriam-Webster Definition of Chassis, # 4 Exhibit 4- Merriam-Webster Definition of Frame, # 5 Exhibit 5- Patent No. 6,315,622, # 6 Exhibit 6- Patent No. 7,849,942, # 7 Exhibit 7- Declaration of William T. Bennett, # 8 Exhibit 8- Merriam-Webster Definition of Unibody, # 9 Exhibit 9- Deposition of Patrick Hudson, # 10 Exhibit 10- Merriam-Webster Definition of Hull, # 11 Exhibit 11- Merriam-Webster Definition of Amphibious, # 12 Exhibit 12- Markman Hearing Transcript, # 13 Exhibit 13- Merriam-Webster Definition of Connected, # 14 Exhibit 14- Merriam-Webster Definition of Attached)(Kepper, Stephen) (Entered: 03/18/2022) (0) |
| Jan 28, 2022 | 35 | ORDER Setting Markman Hearing. Markman Hearing set for 4/27/2022 at 10:00 AM at Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 01/28/2022) (1) |
| Jan 28, 2022 | 34 | ORDER ( Markman Hearing reset for 4/27/2022 at 10:00 AM at Courtroom 11B before Chief Judge Lee H Rosenthal); The court will hold the hearing by zoom if counsel agree, to accommodate out of town witnesses. The parties have the option of a 30-minute per side tutorial, with one expert each side, if an expert is needed. Each side also has up to one hour of oral argumenton claim construction.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rkonieczny, 4) (Entered: 01/28/2022) (1) |
| Jan 18, 2022 | 33 | STATEMENT Joint Claim Construction and Prehearing Statement by Houston Heavy Machinery, LLC, filed. (Attachments: # 1 Exhibit A - Claim Terms in Dispute)(Harris, Andrew) (Entered: 01/18/2022) (0) |
| Dec 23, 2021 | 32 | PATENT SCHEDULING AND DOCKET CONTROL ORDER. Markman Hearing set for 4/27/2022 at 08:30 AM at Courtroom 11B before Chief Judge Lee H Rosenthal. Docket Call set for 2/13/2023 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4) (Entered: 12/23/2021) (4) |
| Dec 23, 2021 | 31 | Joint MOTION to Amend 19 Docket Control Order,,,, by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 1/13/2022. (Attachments: # 1 Exhibit Redline of Patent Scheduling and Docket Control Order, # 2 Exhibit Clean Version of Patent Scheduling and Docket Control Order)(Kepper, Stephen) (Entered: 12/23/2021) (0) |
| Nov 4, 2021 | 30 | ORDER granting 29 Motion for Andrew Harris to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4) (Entered: 11/04/2021) (1) |
| Nov 3, 2021 | 29 | MOTION for Andrew Harris to Appear Pro Hac Vice by Houston Heavy Machinery, LLC, filed. Motion Docket Date 11/24/2021. (Leachman, Michael) (Entered: 11/03/2021) (2) |
| Oct 4, 2021 | 28 | ANSWER to 27 Amended Answer, Counterclaim with Jury Demand by Wilco Marsh Buggies and Draglines Incorporated, filed.(Kepper, Stephen) (Entered: 10/04/2021) (7) |
| Sep 13, 2021 | 27 | FIRST AMENDED ANSWER and COUNTERCLAIM to 1 Complaint against Wilco Marsh Buggies and Draglines Incorporated by Houston Heavy Machinery, LLC, filed. (ClaudiaGutierrez, 4) (Entered: 09/13/2021) (27) |
| Sep 13, 2021 | 26 | ORDER GRANTING 25 Motion for Leave to File Amended Answer. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (ClaudiaGutierrez, 4) (Entered: 09/13/2021) (1) |
| Sep 10, 2021 | 25 | Unopposed MOTION for Leave to File Amended Answer by Houston Heavy Machinery, LLC, filed. Motion Docket Date 10/1/2021. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Leachman, Michael) (Entered: 09/10/2021) (0) |
| Jul 29, 2021 | 24 | Mail Returned Undeliverable as to attorney Gregory D Latham re: 21 Protective Order, filed. An updated address could not be found. (JosephWells, 4) (Entered: 08/02/2021) (2) |
| Jul 26, 2021 | 23 | NOTICE of Appearance by Michael K. Leachman, Robert L. Waddell, Jeffrey J. Phillips on behalf of Houston Heavy Machinery, LLC, filed. (Hordern, James) (Entered: 07/26/2021) (3) |
| Jul 19, 2021 | 22 | Mail Returned Undeliverable as to attorney Gregory D Latham as to Wilco Marsh Buggies and Draglines Incorporated re: 19 Docket Control Order,,,,, filed. (agould, 3) (Entered: 07/21/2021) (2) |
| Jul 9, 2021 | 21 | PROTECTIVE ORDER granting 20 Joint MOTION for Protective Order. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) (Entered: 07/09/2021) (9) |
| Jul 9, 2021 | 20 | Joint MOTION for Protective Order by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 7/30/2021. (Attachments: # 1 Proposed Order Protective Order)(Barras, Ian) (Entered: 07/09/2021) (0) |
| Jun 30, 2021 | 19 | DOCKET CONTROL ORDER and Scope of Permissible Discovery Motions to add New Parties due by 9/10/2021. Amended Pleadings due by 9/10/2021. Preliminary Infringement Contentions 9/10/2021. Preliminary Invalidity Claims due by 10/22/2021. Exchange Terms and Claims Needing Construction due by 10/22/2021. Designation of Claim-Construction Expert due by 12/23/2021. Discovery - Claim Construction due by 1/21/2022. Claim-construction Chart and Brief due by 2/11/2022. The opposing party must file its claim-construction chart and brief by 3/11/2022.Technology Tutorial Deadline due by 2/11/2022. Markman Hearing set for 4/8/2022 at 08:30 AM before Chief Judge Lee H Rosenthal. Decision on Claim Construction due by 5/20/2022. Final Infringement Contentions due by 6/17/2022. Final Invalidity Contentions due by 7/1/2022. Pltf Expert Report due by 7/15/2022. Deft Expert Report due by 8/12/2022. Discovery due by 10/7/2022. Dispositive Motion Filing due by 10/4/2022. Joint Pretrial Order due by 1/6/2023. Docket Call set for 1/13/2023 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Mediation due by 10/7/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 06/30/2021) (3) |
| Jun 30, 2021 | 18 | Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on June 30, 2021. The court heard argument on the defendants objection to discovery seeking sales figures from third-party retailers. The court overrules the objection insofar as the third-party retailers are cooperating with the plaintiffs discovery requests. The parties may seek a protective order to ensure the confidentiality of the third-party discovery. The court separately enters a scheduling and docket control order, as stated on the record. Appearances: James L Hordern, Jr, Thomas S Keaty, Jr, Stephen McKell Kepper.(Court Reporter: N. Forrest), filed.(gkelner, 4) (Entered: 06/30/2021) (0) |
| Jun 17, 2021 | 17 | NOTICE of Resetting. Parties notified. Initial Conference reset for 6/30/2021 at 10:00 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided for participation. (leddins, 4) (Entered: 06/17/2021) (1) |
| Jun 11, 2021 | 16 | ORDER granting 12 Motion for Gregory Latham to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) (Entered: 06/14/2021) (1) |
| Jun 11, 2021 | 15 | ORDER granting 11 Motion for Stephen McKell Kepper to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) (Entered: 06/14/2021) (1) |
| Jun 11, 2021 | 14 | Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wilco Marsh Buggies and Draglines Incorporated, filed. (Attachments: # 1 Proposed Order)(Barras, Ian) (Entered: 06/11/2021) (0) |
| Jun 11, 2021 | 13 | STATEMENT Pursuant to Federal Rule of Civil Procedure 7.1 by Wilco Marsh Buggies and Draglines Incorporated, filed.(Barras, Ian) (Entered: 06/11/2021) (2) |
| Jun 9, 2021 | 12 | MOTION for Gregory Latham to Appear Pro Hac Vice by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 6/30/2021. (gkelner, 4) (Entered: 06/09/2021) (1) |
| Jun 9, 2021 | 11 | MOTION for Stephen McKell Kepper to Appear Pro Hac Vice by Wilco Marsh Buggies and Draglines Incorporated, filed. Motion Docket Date 6/30/2021. (gkelner, 4) (Entered: 06/09/2021) (1) |
| May 28, 2021 | 10 | CORPORATE DISCLOSURE STATEMENT by Houston Heavy Machinery, LLC, filed.(Hordern, James) (Entered: 05/28/2021) (2) |
| May 10, 2021 | 9 | ANSWER to 8 Answer to Complaint, Counterclaim by Wilco Marsh Buggies and Draglines Incorporated, filed.(Barras, Ian) (Entered: 05/10/2021) (6) |
| Apr 19, 2021 | 8 | ANSWER to 1 Complaint,, COUNTERCLAIM against Wilco Marsh Buggies and Draglines Incorporated by Houston Heavy Machinery, LLC, filed.(Hordern, James) (Entered: 04/19/2021) (26) |
| Mar 16, 2021 | 7 | RETURN of Service of SUMMONS Executed as to Houston Heavy Machinery, LLC served on 3/15/2021, answer due 4/5/2021, filed.(Hanor, Charles) (Entered: 03/16/2021) (2) |
| Mar 11, 2021 | 6 | RETURN of Service of SUMMONS Executed as to Houston Heavy Machinery, LLC served on 3/9/2021, answer due 3/30/2021, filed.(Hanor, Charles) (Entered: 03/11/2021) (2) |
| Feb 26, 2021 | 5 | US Patent and Trademark Office Notified. AO 120, filed. (Attachments: # 1 Complaint) (JosephWellsadi, 4) (Entered: 02/26/2021) (0) |
| Feb 26, 2021 | 4 | ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 6/25/2021 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified.(JosephWellsadi, 4) (Entered: 02/26/2021) (0) |
| Feb 26, 2021 | 3 | Summons Issued as to Houston Heavy Machinery, LLC. Issued summons delivered to plaintiff by NEF, filed. (JacquelineMata, 4) (Entered: 02/26/2021) (2) |
| Feb 25, 2021 | 2 | Request for Issuance of Summons as to Wilco Marsh Buggies and Draglines Incorporated, filed.(Hanor, Charles) (Entered: 02/25/2021) (2) |
| Feb 25, 2021 | 1 | Complaint* (1) |
