Cornell University v. Hewlett Packard Co.
5:01-cv-01974
Overview
Case Number
5:01-cv-01974
Filing Date
2001-12-27
Status
Litigation filed
Court
District Court, N.D. New York (nynd)
Nature of Suit
830 Patent
Cause of Action
35:271 Patent Infringement
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, N.D. New York (nynd)
Patents Involved
There is a single patent involved in this case.
| Application Number | Patent Number | External Links |
|---|---|---|
| - | US4807115 |
Docket Entries
COMPLAINT filed; FILING FEE $ 150 RECEIPT # 60666 ; Service deadline 2/25/02 for Hewlett Packard Co. (jt) (lmw, ). (Entered: 12/28/2001)
2001-12-27
1
SUMMONS Returned Executed with attached Affidavit of Service as to Hewlett Packard Co., served upon Paula Kash at C T Corporation System as a registered agent for Hewlett-Packard Co., on 1/3/02: Answer due on 1/23/02 for Hewlett Packard Co. (see) (lmw, ). (Entered: 01/08/2002)
2002-01-08
1
ANSWER to Complaint; jury demand and COUNTERCLAIM by Hewlett Packard Co. (Attorney Robert Barrer) against Cornell Research, and Cornell University. (see) Additional attachment(s) added on 12/20/2005 (tlp, ). (Entered: 01/24/2002)
2002-01-23
1
ANSWER by James Mingle, Esq for Cornell Research and Cornell University to [3-2] counter claim. (see) Modified on 02/13/2002 (lmw, ). (Entered: 02/13/2002)
2002-02-13
1
MOTION by Robert Barrer, Esq for Hewlett Packard Co. for John Allcock, Stewart Murray Brown, Licia E. Vaughn, John E. Giust to Appear Pro Hac Vice on behalf of Hewlett Packard Co with supporting documentation. Motion returnable before Mag. Judge Peebles. (see) Modified on 03/12/2002 (lmw, ). (Entered: 03/12/2002)
2002-03-12
1
ORDER granting [5-1] motion for John Allcock, Stewart Murray Brown, Licia E. Vaughn, and John E. Giust to Appear Pro Hac Vice on behalf of deft Hewlett Packard Co (signed by Magistrate Judge David E. Peebles) Date Entered: 3/14/02 (jlm) (Additional attachment(s) added on 6/3/2008: # 1 order) (lmw, ). (Entered: 03/14/2002)
2002-03-13
1
MOTION by Nelson E. Roth, Esq for Cornell Research, and Cornell University, for Edward G. Poplawski, Denise L. McKenzie, David T. Miyamoto to Appear Pro Hac Vice on behalf of plts . Motion returnable before Mag. Judge: Peebles (jlm) (lmw, ). (Entered: 03/28/2002)
2002-03-27
1
ORDER granting the [7-1] motion for Edward G. Poplawski, Denise L. McKenzie, David T. Miyamoto to Appear Pro Hac Vice on behalf of plts; that the above Attys are admitted pro hac vice to the bar of this court for the purposes of appearing in this action. (signed by Magistrate Judge David E. Peebles) (see) (Additional attachment(s) added on 6/3/2008: # 1 order) (lmw, ). (Entered: 04/02/2002)
2002-03-29
1
Minute entry of Rule 16 Conference with Mag. Judge Peebles, APPR: Nelson Roth, Esq and Edward G. Poplawski, Esq for pltfs; Robert A. Barrer, Esq, John Allcock, Esq, and Stewart Brown, Esq for defts. Court Clerk: Kerrie Barney (jlm) (lmw, ). (Entered: 04/09/2002)
2002-04-04
1
Scheduling Notice setting a Telephone Pretrial Conference for 3:00 on 9/4/02 with Mag. Judge Peebles. (jlm) (Entered: 04/09/2002)
2002-04-08
1
Uniform Pretrial Order; Length of Trial: 5-10 days; Trial Location: Syracuse; Venue and Jurisdiction Motions Deadline is 6/8/02; Joining of Parties Deadline 7/3/02; Amending of Pleadings Deadline 7/3/02; Discovery Deadline 8/29/03; Motion Filing Deadline 11/28/03; Jury to be set by Judge Mordue. (Signed by Magistrate Judge David E. Peebles) (jlm) (Entered: 04/09/2002)
2002-04-08
1
MOTION by Robert Barrer, Esq. for pltf. Hewlett Packard Co. for Barry K. Shelton to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Peebles (kcl) (lmw, ). (Entered: 05/24/2002)
2002-05-21
1
ORDER granting [12-1] motion for Barry K. Shelton to Appear Pro Hac Vice ( signed by Magistrate Judge David E. Peebles 5/21/02 ) (kcl) (Entered: 05/24/2002)
2002-05-23
1
LETTER/NOTICE dated 4/2/02 by Stewart Brown, Esq. for deft. Hewlett Packard Co.; Letter addressed to MJ Peebles advising that deft. "HP" belives they have good cause to shield their Confidential Information from Pltfs in-house counsel and in-house experts; Attached Hard Disk (kcl) Modified on 06/11/2002 (mnm, ). (Entered: 06/11/2002)
2002-06-11
1
LETTER/NOTICE dated 4/18/02 by Edward Popawlski, Esq. for pltfs. Cornell Research, Cornell; Letter responds to defts. 4/2/02 letter; Counsel states reasons why they believe that their in-house counsel and experts should have access to Confidential Information; Attached Declarations of Nelson Roth, James Severson, and Dr. HWA Torng (kcl) (mnm, ). (Entered: 06/11/2002)
2002-06-11
1
LETTER/NOTICE dated 5/2/02 by Stewart Brown, Esq. for deft. Hewlett Packard Co.; Letter replies to plaintiffs letter in opposition dated 4/18/02 to defts. 4/2/02 letter; Counsel attached propsed Order for the Court's consideration (kcl) (mnm, ). (Entered: 06/11/2002)
2002-06-11
1
Minute entry: DISCOVERY CONF. HELD BEFORE JUDGE PEEBLES. Parties have submitted briefs now before the court concerning scope of proposed protective order, and Judge P. hears oral argument from both sides. Judge P. finds that Messgrs. Roth, Kimberly & Mingle, in-house counsel at Cornell, should have access to documents marked "Attorneys' Eyes Only", without prejudice to HP's right to return to court with more specific information regarding these attorneys' roles or with a specific instance in which they should be precluded from viewing these documents. Judge approves two-tiered protective order, consisting of documents marked "Attorneys' Eyes Only" and "Confidential", without prejudice to Cornell's right to return to court to challenge HP's designation of documents as "Attorneys' Eyes Only" instead of "Confidential." Judge permits inventor Torng to see documents marked "Attorneys' Eyes Only", but only after he is disposed by HP. Parties to submit proposed protective order within a week. APP: Nelson Roth, Esq., Edward Poplawski, Esq., Denise McKenzie, Esq. & Tony Raphael, Esq. for Pltfs.. Robert Barrer, Esq., Stewart Brown, Esq., Licia Vaughn, Esq., and Barry Shelton for Defts.. (sal) (lmw, ). (Entered: 06/11/2002)
2002-06-11
1
MOTION by Valerie Cross, Esq. for pltfs. Cornell Research, Cornell University to Amend [1-1] complaint, Hearing set for 9:30 8/28/02, Response Deadline 8/14/02 Motion returnable before Magistrate Judge Peebles (kcl) (lmw, ). (Entered: 07/08/2002)
2002-07-03
1
MEMORANDUM OF LAW by Valerie Cross, Esq. for pltfs. Cornell Research, Cornell University in support of [18-1] motion to Amend [1-1] complaint (kcl) (lmw, ). (Entered: 07/08/2002)
2002-07-03
1
AFFIDAVIT of Antoine Raphel, Esq. for pltfs. Cornell Research, Cornell University Re: Support of the [18-1] motion to Amend [1-1] complaint; Attached Exhibits 1-3 and A-D (kcl) (lmw, ). (Entered: 07/08/2002)
2002-07-03
1
Minute entry of Discovery Teleconference held before MJ Peebles via telephone; App: Nelson Roth, Esq., Ed Poplawski, Esq., Denise McKenzie, Esq., David Miyamoto, Esq., and Tony Raphel, Esq. for pltf., Robert Barrer, Esq. for deft., John Allcock, Esq. for deft., Clerk C. McNulty; Several discovery issues were discussed including a protective order that the parties did agree on after Atty. Poplawski read language being inserted in to the order at the conference; Partie informed MJ Peebles that he should have the protective order for his signature w/ a few days; It was decided that the deposition if Dr. Torng will be taken on 7/23/02 and two 30(b)(6) witnesses will be deposed on 7/15/and 7/16 2002; MJ peebles will issue a short order extending the Amendment of pleadings and joinder of parties deadline to 11/1/02 (kcl) (Entered: 07/10/2002)
2002-07-03
1
Protective Order on behalf of Hewlett Packard Co., Cornell Research, Cornell University: Any document listed as "Confidential" shall be deemed as such and filed under seal with the Court; Pursuant to this protective Order there shall be 2 levels of confidentiality: Level 1 is accessible only by "Qualified persons" (listed within the protective Order); Confidentiality Level 2 shall be accessible to anyone deemed necessary by a party's counsel for prosecution, defense, settlement or preparation for trial; So Ordered ( signed by Magistrate Judge David E. Peebles 7/9/02 ) (kcl) (Entered: 07/09/2002)
2002-07-09
1
ORDER; The Court has reset Joining of Parties Deadline to 11/1/02, and reset Amended Pleadings deadline to 11/1/02 ; All other dates in the Uniform Pretrial Order shall remain the same unless good cause is shown to change them ( signed by Magistrate Judge David E. Peebles 7/10/02 ) (kcl) (Entered: 07/10/2002)
2002-07-10
1
Minute entry of taped Discovery Telephone Conference before MJ Peebles; App: Edward Poplawski, and Denise McKenzie, Esqs. for pltf., John Allcock, Esq. for deft., Clerk C. McNulty; Parties agreed that briefing scheduled set forth in Amended Uniform Pretrial Order with discovery attachment be extended out 14 days; Next telephone conference is scheduled for 8/21/02 at 12:00 (pltf to initiate) (kcl) (Entered: 08/02/2002)
2002-07-31
1
Scheduling Notice: Letter advising counsel for parties that the Court has scheduled a Telephone Conference for 12:00 8/21/02 with MJ Peebles; Pltfs. attorney is to initiate the call; Notice sent by MJ Peebles 8/1/02 (kcl) (Entered: 08/02/2002)
2002-08-01
1
ORDER: The Uniform Pretrial Order is amended as follows: Defts Markman Discovery materials are due 8/30/02; Pltfs Markman Discovery materials are due 9/20/02; Defts rebuttal/reply materials are due 10/4/02; All except the foregoing dates contained in the Uniform Pretrial Order shall reamin the same ( signed by Magistrate Judge David E. Peebles 8/1/02 ) (kcl) (Entered: 08/02/2002)
2002-08-01
1
LETTER BRIEF/STATUS REPORT dated 8/5/02 by Stewart Brown, Esq. for Hewlett-Packard Co.; Letter submitted regarding disputed issues between parties needing resolution before claim construction briefing begins (kcl) (lmw, ). (Entered: 08/06/2002)
2002-08-06
1
DECLARATION of Lucia Vaughn, Esq. for dft. Hewlett Packard Co. Re: Discovery Issues; Attached Exhibits A-F (kcl) (mnm, ). (Entered: 08/13/2002)
2002-08-12
1
LETTER BRIEF/STATUS REPORT dated 8/12/02 by Stuart Brown, Esq. for deft. Hewlett Packard Co.; Letter in response to pltfs. 8/5/02 letter (kcl) (mnm, ). (Additional attachment(s) added on 6/16/2009: # 1 letter Ex A-L) (mnm, ). (Entered: 08/13/2002)
2002-08-12
1
SUPPLEMENTAL DECLARATION of Lucia Vaughn, Esq. for deft. Hewlett Packard Co. Re: Discovery issued; Attached Exhibits A-L (kcl) (mnm, ). (Entered: 08/13/2002)
2002-08-12
1
MEMORANDUM OF LAW by Robert Barrer, Esq. for deft. Hewlett Packard Co. in opposition to [18-1] motion to Amend [1-1] complaint (kcl) (lmw, ). (Entered: 08/15/2002)
2002-08-14
1
Defendant's Request for Judicial Notice in support of its Opposition to pltfs. Motion to Amend their Complaint; Submitted by Robert Barrer, Esq.; Attached Exhibits A-D (kcl) (lmw, ). (Entered: 08/15/2002)
2002-08-14
1
Scheduling Notice: Notice advising counsel for parties that the Court has reset the 8/21/02 Discovery Telephone Conference to 11:30 on 8/22/02 ; Pltfs. Counsel is to initiate the call; Notice sent by MJ Peebles (kcl) (Entered: 08/16/2002)
2002-08-15
1
LETTER/BRIEF/STATUS REPORT dated 8/12/02 by Denise McKenzie, Esq. for pltfs. Cornell Research, Cornell University in opposition to defendants 8/5/02 letter brief; Attached Exhibits A-P (mnm). (Additional attachment(s) added on 6/16/2009: # 1 Part 2 - Ex H-P) (mnm). (Entered: 08/19/2002)
2002-08-16
1
LETTER/REQUEST dated 8/16/02 and ORDER; Letter addressed to MJ Peebles from David Miyamoto, Esq., for pltfs.; Counsel requests Leave of Court to File a Reply Memorandum in regard to the [18-1] Motion to Amend; So Ordered, Plaf. may file a 5 page reply Brief by 8/23/02 re: the [18-1] motion to Amend [1-1] complaint ( signed by Magistrate Judge David E. Peebles 8/19/02 ) (kcl) (Entered: 08/19/2002)
2002-08-19
1
Minute entry: Discovery Conference held before Judge Peebles. Hewlett Packard's dispute relates to interrogatories 1,3, & 13 where Cornell will identify HP products that are infringing. Cornell states that they have given a detailed claim construction & identified the infringing products. Hewlett Packard believes that the parties can sit down and try to determine which claims are generally disputed and which are not. Cornell still would like documents related to claim construction (document request no. 33). In response, Hewlett Packard indicates that it agreed to produce all documents concerning claim construction, however, it will not rely on any documents accept for purposes of supporting its claims construction and will send a letter by close of business 8/23/02 to that affect to Cornell. Cornell accepts this compromise. On the issue of improper designation of documents as confidential under Rule 26(c) protective order, Judge indicated that this can be worked out among the parties and they agreed. Judge provided guidance by stating that more particulars would be needed in order to make a ruling on a document by document basis. Judge will sanction a party if any abuse to the protective order is shown. If this should happen, an in-person hearing will be scheduled. Judge accepts Hewlett Packard's proposal to defer issues until parties are at impasse. Parties agree to meet on 8/27/02 at 10:00 a.m. to discuss these issues before requesting a conference w/ the court. APP: Edward Poplawski, Esq. & Denise McKenzie, Esq. for Pltf's. & Stewart Brown, Esq., Licia Vaughn, Esq., Barry Shelton, Esq., Robert Barrer, Esq. for Defts.. Clerk/ECRO: Shelly Lazzaro (sal) (lmw, ). (Entered: 08/27/2002)
2002-08-22
1
LETTER BRIEF/STATUS REPORT dated 8/5/02 by Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University regarding Discovery Dispute; Attached Appendices A and B (kcl) (mnm, ). (Entered: 08/26/2002)
2002-08-24
1
REPLY MEMORANDUM by Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University to response to [18-1] motion to Amend [1-1] complaint (kcl) (lmw, ). (Entered: 08/26/2002)
2002-08-24
1
Minute entry: MOTION HEARING HELD BEFORE JUDGE PEEBLES RE: MOTION TO AMEND THE COMPLAINT. Judge hears oral argument from both sides. Hewlett Packard does not object to allowing paragraphs 8, 10 & 11 into the amended complaint. Judge grants portion of motion which addresses paragraphs 8,10, & 11. Judge denies portion of motion to amend which addresses paragraphs 16-31 of the amended complaint. Atty. Allcock requests an extension of time to file brief that is due on 8/30/02 re: claim construction. Cornell objects to this request. Judge grants Hewlett Packard's request and extends time to file brief until 9/13/02. Briefing schedule is set: Cornell's response ddl. is 10/4/02 and rebuttal brief is due by 10/18/02. APP: Nelson Roth, Esq., David Miyamoto, Esq., John Allcock, Esq., & Robert Barrer, Esq.. Time: 9:30 a.m. - 10:30 a.m. Clerk/ECRO: Shelly Lazzaro (sal) (lmw, ). (Entered: 08/28/2002)
2002-08-28
1
Scheduling Notice: Letter advising counsel for parties that the Court has rescheduled the 9/4/02 pretrial conference to 3:30 on 10/28/02 via telephone with MJ Peebles; Plaintiffs attorney is to initiate the call; Notice sent by MJ Peebles 8/29/02 (kcl) (Entered: 08/30/2002)
2002-08-30
1
ORDER: Plaintiff's [18-1] motion to Amend [1-1] complaint is granted to the extent that plaintiff shall be permitted to add the allegations of paragraph 8,10 and 11 of thier proposed amended Complaint, but the [18-1] motion is otherwise denied with regard to allegations contained in paragraphs 16 through 31 of thier proposed amended complaint Plaintiff must within 10 days of the service of this order, file with the Court an amended complaint to include the additional allegations of prargraphs 8, 10 and 11, and are to exclude those set forth in paragraphs 16-31; So Ordered ( signed by Magistrate Judge David E. Peebles 8/29/02 ) (kcl) Modified on 08/30/2002 (Entered: 08/30/2002)
2002-08-30
1
ORDER: the dates contained in the amended Markman briefing scheduled (docket[26-1]) are amended as follows; defts Markman materials are due 9/13/02; Pltfs Markman Materials are due 10/4/02; Reply/rebuttal materials are due 10/18/02; These days shall not be amended unless good cause has been shown to do so; A Markman hearing may be scheduled after the briefing by District Judge Mordue, if deemed necessary ( signed by Magistrate Judge David E. Peebles 8/29/02 ) (kcl) (Entered: 08/30/2002)
2002-08-30
1
DEMAND for jury trial by Cornell Research, Cornell University attached to Amended Complaint (kcl) (Entered: 09/09/2002)
2002-09-06
1
TRANSCRIPT of hearing before MJ Peebles filed for the date of 8/28/02; Attached Index (kcl) (mnm, ). (Entered: 09/13/2002)
2002-09-12
1
LETTER/REQUEST dated 9/10/02 and ORDER; Letter addressed to District Judge Mordue from Robert Barrer, Esq.; Counsel requests on behalf of both parties that the court allow counselors Leave to File 50 page briefs in connection w/ the Markman-type hearings; So Ordered ( signed by Judge Norman A. Mordue 9/16/02 ) (kcl) (Entered: 09/17/2002)
2002-09-16
1
LETTER/REQUEST dated 9/17/02 and ORDER; Letter addressed to MJ Peebles from Edward Poplawski, Esq.; Counsel requests o/b/o pltfs. that the Court allow pltfs. an extension of time to respond to defendant's Markman Brief; So Ordered, Pltfs Markman Brief due 10/15/02, defendants reply Markman Brief is due 10/29/02, no further extensions will be granted ( signed by Magistrate Judge David E. Peebles 9/18/02 ) (kcl) (Entered: 09/19/2002)
2002-09-18
1
COUNTERCLAIM by Robert Barrer, Esq. for deft. Hewlett Packard Co. against Cornell Research, Cornell University (attached within the [47-1] Answer to Amended Complaint) (kcl) (Entered: 09/20/2002)
2002-09-19
1
ORDER Sealing sealing attached affidavit with exhibits ( signed by Magistrate Judge David E. Peebles 9/25/02 ) (kcl) (Entered: 09/25/2002)
2002-09-25
1
Defendant Hewlett Packard's MARKMAN BRIEF, signed by John Allcock, Esq. (kcl) (mnm, ). (Entered: 09/25/2002)
2002-09-25
1
AFFIDAVIT of Barry Shelton for Hewlett Packard Co. Re: support of the [49-1] MARKMAN BRIEF Attached Exhibits A-E (kcl) (mnm, ). (Entered: 09/25/2002)
2002-09-25
1
AFFIDAVIT of Michael Flynn for Hewlett Packard Co. Re: support of the [49-1] MARKMAN BRIEF; Attached Exhibits 1-10 memorandum (kcl) (Additional attachment(s) added on 6/17/2008: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (lmw, ). (Entered: 09/25/2002)
2002-09-25
1
ANSWER TO [47-1] COUNTERCLAIM by Edward Poplawski, Esq. for pltfs./counter defts. Cornell Research, Cornell University; Attached Certificate of Service dated 10/1/02 (kcl) (lmw, ). (Entered: 10/02/2002)
2002-10-02
1
MARKMAN BRIEF by Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University in opposition to defendant's [49-1] Markman Brief (kcl) Modified on 10/16/2002 (lmw, ). (Entered: 10/16/2002)
2002-10-15
1
DECLARATION of James Smith for pltfs. Cornell Research, Cornell University Re: support of pltfs. Response to defendants Markman Brief (kcl) (lmw, ). (Entered: 10/16/2002)
2002-10-15
1
Exhibit 3 to the Declaration of James Smith's in support of Cornell Research, Cornell University's Markman Brief (kcl) (lmw, ). (Entered: 10/16/2002)
2002-10-15
1
DECLARATION of Denise McKenzie for pltfs. Cornell Research, Cornell University Re: support of thier Markman Brief (kcl) (lmw, ). (Entered: 10/16/2002)
2002-10-15
1
SECOND DECLARATION of Denise McKenzie for pltfs. Cornell Research, Cornell University Re: support of the markman brief (kcl) (lmw, ). (Entered: 10/16/2002)
2002-10-15
1
Exhibits 1-28 to the Declaration of Denise McKenzie for pltfs Cornell Research, Cornell University re: Support of pltfs. Markman Brief; FILED UNDER SEAL in compliance with the 7/9/02 Protective Order (kcl) Modified on 10/16/2002 (Entered: 10/16/2002)
2002-10-15
1
STIPULATION and ORDER by Denise McDenzie, Esq for the pltf and Barry Shelton, Esq for the deft, that the parties hereby stipulate to the construction of certain claim terms of United States Patent No. 4,807,115 (stipulated terms attached as Exhibit A); So Ordered. (signed by Judge Norman A. Mordue) (see) (Entered: 10/24/2002)
2002-10-23
1
Minute entry: Telephone Conference held before Judge Peebles. Atty. Allcock notes that his reply papers to the Markman brief are due tomorrow. CRD to Judge Mordue indicated a hearing will be scheduled when this issue is fully briefed. Attorneys are directed to call Dan McAllister, CRD to Judge Mordue to schedule. Parties indicate they will be holding a discovery conference on Friday to discuss outstanding issues, including non-claim construction & infringement. Settlement was discussed before this claim was filed with no success. Parties believe settlement can be explored again after claim construction is disclosed. Next TC is scheduled for 1/24/03 at 3:30 p.m.. Defense counsel is to initiate the call. set Pretrial Conference for 3:30 1/24/03 Clerk/ECRO: Shelly Lazzaro (sal) (Entered: 10/29/2002)
2002-10-28
1
Scheduling Notice: Letter advising counsel for parties that the Court has set a pretrial telephone conference for 1/24/02 at 3:30 with MJ Peebles; Defendants attorney is to initiate the call; Notice sent by MJ Peebles (kcl) (Entered: 10/29/2002)
2002-10-29
1
REPLY Brief by John Allcock, Esq. for deft. Hewlett Packard Co. to response to Opposition to Hewlett-Packard Company's Markman Brief (kcl) (lmw, ). (Entered: 10/29/2002)
2002-10-29
1
AFFIDAVIT of Barry Shelton, Esq. for defendant Hewlett Packard Co. Re: further support of defendants Markman Brief; Attached Exhibits A-C (kcl) (lmw, ). (Entered: 10/29/2002)
2002-10-29
1
AFFIDAVIT of Michael Flynn, Esq. for defendant Hewlett Packard Co. Re: support of their Markman Brief; Attached Exhibits 1 and 2 (kcl) (lmw, ). (Entered: 10/29/2002)
2002-10-29
1
Defendants objections to paragraphs 2-25 of the declaration of Denise McKenzie; and clarification re: paragraph 26 of the Declaration of Denise McKenzie (kcl) (lmw, ). (Entered: 10/29/2002)
2002-10-29
1
LETTER/NOTICE dated 10/18/02 by Eve Torres on behalf of plaintiffs Cornell Research, and Cornell University; Counsel for pltfs. requests that the court grant them leave to supplement their Memorandum and Affidavit file on 10/15/02 regarding the Markman Briefs; Law Clerk grants permission orally (kcl) (lmw, ). (Entered: 11/04/2002)
2002-11-01
1
SUPPLEMENTAL MEMORANDUM by Edward Popalowski, Esq. for pltfs. Cornell Research, Cornell University in opposition to Hewlett-Packard Company's Markman Brief; Supplements document [53-1] (kcl) Modified on 11/04/2002. Document added on 6/18/08 - originl document is 2 pages and appears only to amend page 35 of Docket # 53 . (lmw). (Entered: 11/04/2002)
2002-11-01
1
SUPPLEMENTAL DECLARATION of James E. Smith, Esq. for pltfs. Cornell Research, Cornell University Re: response in opposition to Hewlett-Packard Company's Markman Brief (kcl) (lmw, ). (Entered: 11/04/2002)
2002-11-01
1
TRANSCRIPT of telephone Conferenece filed for the date of 8/22/02; Hearing held before MJ Peebles; Attached Index (kcl) (mnm, ). (Entered: 11/18/2002)
2002-11-18
1
LETTER/NOTICE dated 1/8/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue form Robert Barrer, Esq., counsel for dft. Hewlett Packard Co.; Counsel writes the Court to request that the Court set a 2 day hearing to address the Markman issues; Counsel sets forth proposed dates (kcl) (lmw, ). (Entered: 01/17/2003)
2003-01-13
1
LETTER/NOTICE dated 1/9/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue from Edward Poplawski, Esq., counsel for pltfs. Cornell Research, and Cornell University; Counsel responds to Mr. Barrer's letter dated 1/8/03; Counsel sets forth proposed dates for the Markman hearings, and also requests that teh courtconsider first having an informal tutorial session on the technology in which the parties' consultants and/or counsel would make presentations and answer questions from the Court (kcl) (lmw, ). (Entered: 01/17/2003)
2003-01-13
1
LETTER/NOTICE dated 1/13/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue from Robert Barrer, Esq., counsel for deft. Hewlett Packard Co.; Counsel replies to Mr. Poplawski's letter dated 1/9/03; Counsel requests that rather that setting a tutorial hearing and a Markman hearing weeks between eachother, he suggest a two day hearing be set (kcl) (lmw, ). (Entered: 01/17/2003)
2003-01-13
1
LETTER/NOTICE dated 1/16/03; Letter addressed to Daniel McAllister, Court Clerk to Judge Mordue from Valerie Cross, Esq., counsel fro pltfs. Cornell Research, Cornell University; Counsel confirms conversation w/ Clerk re: the scheduling of the Markman hearing; The Parties have agreed to hold the hearings on April 29, 30 and May 1st of 2003; Counsel notes that expert depositions are to take place on 1/29 and 30th of 2003 (kcl) (lmw, ). (Entered: 01/17/2003)
2003-01-16
1
Scheduling Notice: Letter advising counsel for parties that the court has set a Markman Hearing for 4/29/03 at 9:30 in Syracuse before Judge Mordue; Parties are to submit an agreed upon format to the Court for reviwe by 2/24/03; If that cannot be accomplished, Judge Mordue will schedule a telephone conference to reslove that issue; Notice sent by Clerk Daniel McAllister (kcl) (lmw, ). (Entered: 01/23/2003)
2003-01-22
1
Minute entry of pretrial conference before MJ Peebles; App: Edward Poplawski and Denise McKenzie, Esqs. for pltfs., Licia Vaughn and John Allcock, Robert Barrer, Esqs. for deft., Clerk C. McNulty; Parties report that the Markman hearing is scheduled to be held on 4/29, 4/30, and 4/31 if needed; Parties do not forsee difficulty in the current scheduled depending on when the decision on claim construction issues is received; Next Pretrial Conference set for 3:00 5/15/03 (kcl) (Entered: 01/27/2003)
2003-01-24
1
Scheduling Notice; Letter advising counsel for parties that the Court has set a Pretrial telephone Conference for 3:00 5/15/03 with MJ Peebles; Plaintiffs atty. is to initiate the call; Notice sent by MJ Peebles (kcl) (Entered: 01/27/2003)
2003-01-27
1
Minute entry: Discovery dispute Telephone Conf. held before Judge Peebles. Dr. Smith's deposition is scheduled for tomorrow at 1:00 p.m.. However, parties report that there are discovery disputes that need the court's intervention. Pltfs. attys'. make an application for a protective order shielding from discovery unredacted copies of documents. Defense counsel objects to this. Judge orders parties to submit 1) final declaration; & 2) tutorial w/ redactions for "in camera" review. Parties will overnight this information or submit by fax. Judge schedules another conf. regarding this issue for 11:30 a.m. on 2/7/03. set Pretrial Conference for 11:30 2/7/03 APP: Edward Poplawski, Esq., Denise McKenzie, Esq., John Allcock, Esq. & Barry Shelton, Esq. & Robert Barrer, Esq.. Clerk/ECRO: Shelly Lazzaro (sal) (Entered: 02/07/2003)
2003-02-06
1
Minute entry: Tape Recorded Discovery dispute held before Judge Peebles. Parties have submitted to the court 1) Final Declaration; & 2) tutorial w/ redactions for "in camera" review. Judge hears arguments from both sides. Judge orders that Pltfs.' application for a protective order shielding from discovery unredacted copies of documents be granted. APP: Edward Poplawski, Esq., Denise McKenzie, Esq., John Allcock, Esq., Barry Shelton, Esq. & Robert Barrer, Esq.. Court Reporter/ECRO: Shelly Lazzaro (sal) (Entered: 02/07/2003)
2003-02-07
1
ORDER: It is hereby ordered that defts request for an order compellingDiscovery is denied; Pltfs. application for a protective order sheilding from discovery unredacted copies of documents bearing Bates nos. CR0310900, CR0310901, and CR0310919 is hereby Grated; Lastly, the Clerk is to docket letters dated 2/6/03 of John Allcok, Esq., with attachments, and 2/6/03 letter of Edward Poplawski, Esq., with attachments, except the redacted materials included for incamers inspection only, found at Attachments 4 and 5 to the Poplawski letter, shall be filed by the Court under seal; So Ordered ( signed by Magistrate Judge David E. Peebles 2/7/03 ) (kcl) (Entered: 02/10/2003)
2003-02-07
1
LETTER/NOTICE dated 2/6/03; Letter addressed to MJ Peebles from John Allcock, Esq. for Hewlett Packard Co.; Letter stating Heweltt Packard's position in regard to the unredacted drafts of Mr. Smith's declaration in support of Cornell's Markman Brief; Attachments (kcl) (lmw, ). (Entered: 02/10/2003)
2003-02-07
1
LETTER/NOTICE dated 2/6/03; Letter addressed to MJ Peebles from Edward Poplawski, Esq. for Cornell Research, Cornell University; Per [79-1] Order, attachments 4 and 5 are filed under seal (kcl) (lmw, ). (Entered: 02/10/2003)
2003-02-07
1
LETTER/NOTICE dated 2/27/03; Letter addressed to Clerk Daniel McAllister from Stewart Brown, Esq., counsel for deft. Hewlett Packard Co.; Pursuant to the Court's instruction, counsel sets forth Hewlett Packard's Proposed format for the Markman Hearing, along w/ an outline of the benefits associated w/ Hewlett Packard's proposal and comments re: pltfs proposal (kcl) (lmw, ). (Entered: 02/28/2003)
2003-02-28
1
LETTER/NOTICE dated 4/3/03; Letter addressed to Clerk Daniel McAllister from Edward Poplawski, Esq. for pltfs Cornell Research, Cornell University; Per the Courts directon Counsel submits proposed fromat for the Markman hearing and reasons why pltfs. format should be adopted over defts. proposed format (kcl) (lmw, ). (Entered: 03/05/2003)
2003-03-05
1
Minute entry: Discovery dispute held before Judge Peebles via telephone. Atty. Poplawski indicates there are 4 issues at hand. One is the manufacture supply license communication between IBM, Intel & HP. Atty. Poplawski advises that he has not received any documents from HP & they are blocking IBM & Intel from sending any documents to counsel. Second issue is that documents concerning HP processors & damage figures have not been provided to counsel. Atty. Poplawski requests electronic files from HP re: drawings & diagrams. Third issue is that there has been no response to HP processors & their tracking. Fourth issue is that they served in November interrogatories and have not received a response, to date. Atty. Brown requests to respond to all of this by letter. Judge orders parties each provide submissions to the court advising efforts made to confer & narrow the issues. Cornell has by the close of business on 3/14/03 to respond; HP has until 3/21/03 to reply; and Cornell has until 3/28/03 to respond to HP's cross-motion to compel discovery. TC is scheduled for 4/2/03 at 2:00 p.m.. Atty. Poplawski to place the call. set Pretrial Conference for 2:00 4/2/03 APP: Edward Poplawski, Esq., Denise McKenzie, Esq., Stewart Brown, Esq. & Licia Vaughn, Esq.. Clerk/ECRO: Shelly Lazzaro (sal) (Entered: 03/11/2003)
2003-03-05
1
SCHEDULING ORDER: set at Telephone Pretrial Conference for 4/2/03 at 2:00 PM, plaintiff shall initiate the conference call. (Signed by Magistrate Judge David E. Peebles) (jmb) Modified on 03/20/2003 (Entered: 03/20/2003)
2003-03-11
1
LETTER/NOTICE dated 3/12/03; Letter addressed to Court Clerk Daniel McAllister from Stewart Brown, Esq. for deft. Hewlett Packard Co.; Counsel writes in response to pltfs. 3/4/03 letter re: their proposal for the Markman Hearing; Counsel advises that they value the opportunity to give a complete markman hearing, rather that one broken into two parts, as pltf. proposes; Counsel also objects to pltfs. request that they be permitted to introduce live/deposition testimony (kcl) (lmw, ). (Entered: 03/14/2003)
2003-03-13
1
SCHEDULING ORDER: reset Pretrial Telephone Conference for 4/9/03 at 12:00 noon, plaintiffs' attorney to initiate the call. (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 04/03/2003)
2003-03-26
1
Minute entry: Tape Recorded Discovery Dispute Telephone Conference held before Judge Peebles. Gray, Cary Law Firm requests to seal their entire declaration, together w/ exhibits, submitted to the court for filing. Sidley, Austin, Wood Law Firm requests to seal some of the exhibits and not their entire declaration. Judge orders both declarations, together w/ exhibits, be filed under seal in their entirety. Judge will issue a short form order regarding same. Judge advises that the court has rec'd. voluminous submissions by both parties. Judge is rejecting the submissions submitted by fax to the court dated 4/9/03 as these submissions were not authorized. Judge also advises that the court will no longer accept faxes from counsel unless prior permission is approved. Judge directs parties to confer on the 9 discovery issues raised by Cornell, as well as the separate issues raised by HP. Judge orders each party to simultaneously provide to the court statements concerning the outstanding Cornell discovery issues after parties conferred by 5/9/03. As to HP's outstanding discovery issues, HP has until 4/25/03 to submit by fax what issues remain. Cornell has until 5/9/03 to submit a response to HP's discovery issues. Judge limits ALL of these submissions to10 pages. NO REPLIES ARE PERMITTED. Judge cancels TC scheduled for 5/15/03 at 3:00 p.m.. In-Person Conference is scheduled to address all outstanding discovery issues for 5/14/03 at 10:30 a.m. & will last approx. the full day. set Pretrial Conference for 10:30 5/14/03 APP: Denise McKenzie, Esq., Edward Poplawski, Esq., Licia Vaughn, Esq., Stewart Brown, Esq., & Robert Barrer, Esq.. Clerk/ECRO: Shelly Lazzaro (sal) Modified on 04/10/2003 (Entered: 04/10/2003)
2003-04-09
1
DOCUMENT REJECTION ORDER - rejecting submission by fax from Sidley, Austin, Brown & Wood Law Firm dated 4/8/03 [64pgs] b/c this submission was not specifically authorized by the court, faxes will no longer be accepted by the court unless prior permission is approved ( signed by Magistrate Judge David E. Peebles on 4/10/03 ) Date Entered: 4/10/03 (jt) (Entered: 04/10/2003)
2003-04-10
1
DOCUMENT REJECTION ORDER rejecting submissions sent by fax and Federal Express from Gray Cary Law Firm dated 4/8/03 [83pgs] b/c this submission was not specifically authorized by the court; faxes will no longer be accepted by the court unless prior permission is approved. ( signed by Magistrate Judge David E. Peebles on 4/10/03) Date Entered: 4/10/03 (jt) (Entered: 04/10/2003)
2003-04-10
1
NOTICE/LETTER BRIEF: dated 3/14/03 by Denise L. McKenzie on behalf of Cornell University and Cornell Research, concerning outstanding discovery issues. (jmb) (mnm, ). (Entered: 04/11/2003)
2003-04-10
1
NOTICE/LETTER BRIEF: dated 3/21/03 by Stewart M. Brown, Esq., on behalf of Hewlett Packard Co., in response to the # [91-1] Letter Brief, concerning outstanding discovery issues. (jmb) (lmw, ). (Entered: 04/11/2003)
2003-04-10
1
SEALED DOCUMENT - Declaration by Denise L. McKenzie (jmb) (Entered: 04/11/2003)
2003-04-10
1
SEALING ORDER: Sealing document # [93-1] until further order of this Court. (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 04/11/2003)
2003-04-10
1
SEALED DOCUMENT - Declaration by Licia E. Vaughn (jmb) (Entered: 04/11/2003)
2003-04-10
1
SEALING ORDER: Sealing documents # [91-1], [92-1] and [95-1] until further order of this Court. (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 04/11/2003)
2003-04-10
1
ORDER: parties are admonished that no facsimile or letter submissions should be sent to chambers without prior express permission, the parties are directed to meet and confer in person to address the discovery disputes, each party shall submit a letter to the Court by 5/9/03, no exceeding 10 pages advising the Court of any progress, deft is authorized to submit an additional letter brief by 4/25/03 addressing any discovery disputes that are ripe for determination, pltf. shall respond by 5/9/03, not more than 10 pages, hearing to be held on 5/14/03 at 10:30 AM before MJ Peebles, the 5/15/03 conference previously set is cancelled. (Signed by Magistrate Judge David E. Peebles) (jmb) (Entered: 04/11/2003)
2003-04-10
1
NOTICE OF CORPORATE DISCLOSURE STATEMENT: by Hewlett Packard Co., advising the Court that the defendant does not have a parent corporation and there is no publicly held corporation that owns 10% or more of its stock. (jmb) (lmw, ). (Entered: 04/24/2003)
2003-04-21
1
LETTER/ORDER dated 4/24/03; Letter addressed to counsel for parties advising that the Court has reviewed the parties' correspondence re: the format of the Markman hearing scheduled for 4/29 and 4/30 of 2003; Upon review of that record the court adopts the format as set forth within; With respect to the testimony of the inventor, it is well established that the subjective intent of the inventor when he used a particualr term in a patent is of little or no probative weight in determining the scope of a claim; When the Court issues its decision construing the patent subsequent to the hearing, the Court will determine what weight, if any, to give various aspects of the inventors testimony; Particularly in view of the fact that there is no jury, the Court does not issue an advance ruling limiting or prohibiting the inventors testimony; So Ordered ( signed by Judge Norman A. Mordue 4/24/03 ) (kcl) Modified on 04/25/2003 (Entered: 04/24/2003)
2003-04-24
1
Minute entry of Day One of Markman Hearing before Judge Mordue: Opening statements given by attorney Poplawski on behalf of plaintiff and attorney Allcock on behalf of defendant; Testimony of plaintiff's expert Dr. James E. Smith; App: E. Poplawski, Esq. & D. McKenzie, Esq. for pltf; J. Allcock, Esq., J. Giust, Esq., B. Shelton, Esq. and R. Barrer, Esq. for defts; Court Reporter/ECRO: Jodi Hibbard; CRD: D. McAllister; 9:40a.m. - 4:55 p.m. (drm) (lmw, ). (Entered: 04/30/2003)
2003-04-29
1
Minute entry of Day Two of Markman Hearing before Judge Mordue: Continued testimony of plaintiff's expert, Dr. Smith; Plaintiff rests direct case; Testimony of defendant's expert, Dr. Michael J. Flynn; Court recesses until 8:45 a.m. on 5/1/03; App: Same; Court Reporter/ECRO: Jodi Hibbard; CRD: D. McAllister; 8:50 a.m. - 5:00 p.m. (drm) (lmw, ). (Entered: 05/01/2003)
2003-04-30
1
Minute entry of Day Three of Markman Hearing: Continuation of testimony of Dr. Flynn; Closing arguments given by attorneys Poplawski and Allcock; Judge directs parties to file further briefs and conclusions of law by 6/16/03; App: Same; Court Reporter/ECRO: Jodi Hibbard; CRD: D. McAllister; 8:45 - 3:10 p.m. (drm) (lmw, ). (Entered: 05/02/2003)
2003-05-01
1
TRANSCRIPT of Telephone conference before MJ Peebles filed for the date of 4/9/03 (kcl) (mnm, ). (Entered: 05/05/2003)
2003-05-01
1
MOTION by Nelson Roth, Esq. for pltf. Cornell Research, Cornell University for Sandra S. Fujiyama to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Mordue (kcl) (lmw, ). (Entered: 05/15/2003)
2003-05-13
1
Minute entry: TAPE RECORDED IN-PERSON DISCOVERY CONFERENCE HELD BEFORE JUDGE PEEBLES. 10:30 a.m. Court is in session. Judge Peebles inquires into what documents counsel desires to be sealed. Oral argument is heard. Defense counsel submits exhibits 1 and 2 into evidence. 12:15 p.m. Court recesses. 12:23 p.m. Court is back in session. Cornell's issues 2 through 5 of the discovery disputes are discussed. Plaintiffs' counsel submits exhibit 3 into evidence. 1:18 p.m. Court recesses. 2:09 p.m. Court is back in session. Cornell's issues 5 through 10 of the discovery disputes are discussed. Thereafter, HP's discovery disputes are discussed. Judge reserves decision on all discovery issues and will issue a written decision. 3:00 p.m. Judge discusses progression of case and ddls. to be put in place. Judge extends the completion of fact discovery to the end of October. Judge defers the scheduling of ddls. for expert disclosure and motion filing until a decision is made by Judge Mordue on the Markman Hearing. At that time, a telephone conference will be scheduled to discuss this. Parties state settlement discussions may serve best after a decision is made on the Markman Hearing. 3:15 p.m. Court is adjourned. Clerk/ECRO: Shelly Lazzaro. DEP TAPE#: S3 through S5. TIME: 10:30 AM-3:15 PM. APP: Edward Poplawski, Esq., Nelson Roth, Esq., Sandra Fujiwama, Esq. for Pltfs., and Stewart Brown, Esq., Licia Vaughn, Esq., & Robert Barrer, Esq. for Defts.. (sal) (Entered: 05/16/2003)
2003-05-14
1
ORDER granting [104-1] motion for Sandra S. Fujiyama to Appear Pro Hac Vice ( signed by Judge Norman A. Mordue 5/15/03) (kcl) (Entered: 05/16/2003)
2003-05-15
1
TRANSCRIPT filed for dates of 4/29/03 [Markman Hearing before DJ Mordue; Steno: J. Hibbard] (jt) (Entered: 05/16/2003)
2003-05-16
1
TRANSCRIPT filed for dates of 4/30/03 [Markman Hearing before DJ Mordue; Steno: J. Hibbard] (jt) (Entered: 05/16/2003)
2003-05-16
1
TRANSCRIPT filed for dates of 5/1/03 [Markman Hearing before DJ Mordue; Steno: J. Hibbard] (jt) (Entered: 05/16/2003)
2003-05-16
1
Exhibit list by Hewlett Packard Co., Cornell Research (kcl) (lmw, ). (Entered: 05/19/2003)
2003-05-16
1
ORDER: It is hereby ordered that the Court has reset the deadline for fact discovery to 10/31/03, the deadline for fact diclosure on all no-claims construction issues, including as set forth in paragraph 8 of the discovery attachment to the aforementioned are hereby suspended indefinatley, pending a determination from District Judge Mordue; Once the claim construction decision is issued, the court will schedule a conferenece for the purposes of establishing appropriate expert disclosure deadlines; A Pretrial Conference is set for 12:00 8/28/03 via telephone w/ MJ Peebles; Pltfs. attorney is to initiate the call ( signed by Magistrate Judge David E. Peebles 5/16/03 ) (kcl) Modified on 05/29/2003 (Entered: 05/19/2003)
2003-05-16
1
LETTER/REQUEST dated 5/21/03 and ORDER; Letter addressed to Judge Mordue from Denise McKenzie, Esq.; counsel requests on behalf of plaintiff's that the 6/16/03 date for parties to file any further briefs and conclusions of Law be extended to 6/30/03; So Ordered ( signed by Judge Norman A. Mordue 5/28/03 ) (kcl) (Entered: 05/29/2003)
2003-05-28
1
LETTER/NOTICE dated 5/22/03; Letter addressed to Judge Mordue from John Glust, Esq. for defts. Hewlett Packard Co.; Counsel writed to the Court in opposition to Plaintiff's 5/21/03 letter, wherein they request an extension of time to file findings of fact and conclusions of law (kcl) (lmw, ). (Entered: 05/29/2003)
2003-05-28
1
CONFIDENTIAL TRANSCRIPT of discovery conference filed for the date of 5/14/03; Hearing before MJ Peebles (kcl) (Entered: 06/23/2003)
2003-06-23
1
TRANSCRIPT of in-person Discovery conference filed for the date of 5/14/03; Hearing held before MJ Peebles 10:30-3:24 (kcl) (Entered: 06/23/2003)
2003-06-23
1
LETTER/REQUEST dated 6/25/03 and ORDER; Letter addressed to Judge Mordue from Valerie Cross, Esq.; Counsel requests that the Court allow parties until 7/3/03 to serve and file their proposed findings of fact and conclusions of Law; So Ordered ( signed by Judge Norman A. Mordue 6/25/03 ) (kcl) (Entered: 06/27/2003)
2003-06-25
1
Minute entry: Discovery Conf. held via telephone before Judge Peebles. Pltf. issued subpoena upon IBM five months ago &, according to Pltf., IBM has not complied w/ the subpoenas. After a lengthy discussion between the parties, Judge Peebles sets forth a briefing schedule seeking to compel compliance to subpoenas. Pltf's. brief is due 7/3/03 (10 page limit); Deft. IBM's brief is due 7/18/03 (15 page limit); & Deft. HP's brief is due by 7/18/03 (15 page limit). No extension of page limit will be allowed unless otherwise approved by Judge Peebles. Oral argument on the briefs is scheduled for 7/23/03 at 2:00 p.m. in Judge Peebles' courtroom. APP: Brian Anderson, Esq., Nelson Roth, Esq., & Sandra Fujiwama, Esq., Stewart Brown, Esq., Licia Vaughn, Esq., Robert Barrer, Esq. & for Deft. IBM: Howard Weber, Esq., & Bart Vandeweghe, Esq.. Clerk: Cindy McNulty (sal) (Entered: 06/27/2003)
2003-06-26
1
MEMORANDUM/POST MARKMAN BRIEF by Barry Shelton, Esq. for deft. Hewlett Packard Co. in compliance with Judge Mordue's [117-1] Order (kcl) (lmw, ). (Entered: 07/08/2003)
2003-07-07
1
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW submitted by Barry Shelton, Esq. for defts. Hewlett Packard (kcl) (lmw, ). (Entered: 07/08/2003)
2003-07-07
1
NOTICE/Post Markman Hearing Brief by Edward Popalowski, Esq. for Pltfs. Cornell Research, Cornell University; Attached Exhibits 21, 46, 617 and 615 (kcl) (Entered: 07/14/2003)
2003-07-14
1
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Edward Popolawksi, Esq. for Plaintiffs (kcl) (lmw, ). (Entered: 07/14/2003)
2003-07-14
1
DECLARATION OF Denise McKenzie for pltfs. Cornell Research, Cornell University; Attached Exhibits 29-35, 37-45 and 1000, 1001 (kcl) (Entered: 07/14/2003)
2003-07-14
1
Exhibit # 29 to the [122-1] Declaration of Denise McKenzie for pltf. Cornell Research, Cornell University (kcl) (Entered: 07/14/2003)
2003-07-14
1
DECLARATION of Denise McKenzie for pltfs. Cornell Research, Cornell University; Attached Exhibit 36 (kcl) (Entered: 07/14/2003)
2003-07-14
1
CORRECTED CERTIFICATE OF SERVICE by Cornell Research, Cornell University re: their Markman Brief; Pltf. notes purpose for late filing (kcl) (Entered: 07/15/2003)
2003-07-15
1
Minute entry: In-Person Discovery Conference held by Judge Peebles. Cornell's motion to compel compliance w/ the 6/18/03 subpoena is denied. Judge notes that the SDNY previously issued a subpoena upon IBM which sought most of the documents that were requested in the most recent subpoena. Judge advises parties that this decision is w/out prejudice to plaintiff's right to seek compliance w/ that subpoena, 1st w/ the issuing court, & thereafter by seeking relief in this court should it be transferred here by the SDNY. Judge quashes subpoenas issued by Cornell out of this court on 6/2/03 & 6/18/03 to IBM, w/out prejudice. Documents submitted by the parties for filing under seal are ordered to be filed by the clerk under seal. Requests made by the parties for an award of costs & attorney's fees are denied. APP: Edward Poplawski, Esq., Sandra Fujiwama, Esq., Licia Vaughn, Esq., Richard Hughes, & Bart Van de Weghe, Esq.. Court Reporter: Jodi Hibbard. Clerk: Shelly Lazzaro (sal) Modified on 07/31/2003 (Entered: 07/31/2003)
2003-07-23
1
ORDER: It is hereby ordered that Pltf's motion to compel compliance with the 6/18/03 subpoena is denied; The subpoenas issued by CRF out of this court on 6/2/03 and 6/18/03 to IBM ar4e hereby quashed, w/out prejudice to CRF's right in the future, to serve a proper subpoena issued from this court upon IBM; the Documents submitted by parties for filing under seal including Exhibit 1 received by the COurt from HP during the 7/23/03 oral argument, HP's redacted letter dated 7/18/03, HP's exhibits A-C, as well as exhibits 13-15 attached to the declaration of S. Fujiyama dated 7/3/03, shall be filed under seal; the clerk is directed to docket the following documents: a) letter dated 7/3/03 from S. Fujiyamaw/ Exhibit 16, b) Declaration of S. Fujiyama dated 7/3/03 w/ exhibits 1-12 (not filed under seal) and exhibits 13-15 (filed under seal), c) Letter dated 7/18/03 from Stuart Brown, unredacted (filed under seal) d) HP's Exhibits A-C ( filed under seal ) e) Declaration of Licia Vaughn dated 7/18/03 w/ exhibits A-G f) Letter dated 7/18/03 from Bart Van de Weghe g) Declaration of Bart Van de Wege dated 6/18/03, w/ exhibits 1-12 h) document received from HP as deft's exhibit 1 during hearing held 7/23/03 ( filed under seal); the requests of the parties for an award of costs and atty.fees is denied; So Ordered ( signed by Magistrate Judge David E. Peebles 7/30/03 ) (kcl) (Entered: 08/04/2003)
2003-07-31
1
LETTER/NOTICE dated 7/3/03 by Sandra Fujiyama, Esq. for pltf. Cornell University, Cornell Research; Attached Exhibit 16 (kcl) (lmw, ). (Entered: 08/04/2003)
2003-08-01
1
DECLARATION of Sandra Fujiyama, Esq. for pltfs. Cornell Research, Cornell University Re: support of pltf motion to compel IBM to comply w/ subpoenas; Attached Exhibits 1-12 (kcl) (lmw, ). (Entered: 08/04/2003)
2003-08-01
1
SEALED DOCUMENT ( Exhibits 13-15 to the [129-1] Declaration of S. Fujiyama (kcl) (Entered: 08/04/2003)
2003-08-01
1
SEALED DOCUMENT ( letter dated 7/18/03 from Stuart Brown, Esq. ) (kcl) (Entered: 08/04/2003)
2003-08-01
1
DECLARATION of Licia Vaughn, Esq for defts. in opposition to pltfs. Motion to Compel IBM to Subpoenas; Attached Exhibits A-G (kcl) (lmw, ). (Entered: 08/04/2003)
2003-08-01
1
LETTER/NOTICE dated 7/18/03; Letter addressed to MJ Peebles from Bart Van de Wege, Esq. for non-party IBM; Attached Exhibits A-G (kcl) Modified on 08/04/2003 (lmw, ). (Entered: 08/04/2003)
2003-08-01
1
DECLARARATION of Bart Van de Wege, Esq. for IBM Re: opposition to pltfs. motion to Compel; Attached Exhibits 1-12 (kcl) (lmw, ). (Entered: 08/04/2003)
2003-08-01
1
SEALED DOCUMENT ( defts. Exhibit 1 ed 7/23/03 ) (kcl) (Entered: 08/04/2003)
2003-08-01
1
TRANSCRIPT of Motion argument filed for the date of 7/23/03; Hearing held before Judge Peebles; Court reporter Jodi Hibbard (kcl) (Entered: 08/11/2003)
2003-08-08
1
Scheduling Notice: Letter advising counsel for parties that the Court has set an in-person Pretrial Conference for 10:00 9/23/03 with MJ Peebles; Notice sent by MJ Peebles (kcl) (Entered: 09/03/2003)
2003-09-03
1
Minute entry of pretrial conference before MJ Peebles; App:Edward Poplawski, Bryan Anderson, and Sandra Fujiyama, Esqs. for pltfs., Barry Shelton, John Allcock, Stewart Brown, and Licia Vaughn, Robert Barrer, Esqs. for deft., Clerk C. McNulty; In person discovery conference held; This conference consisted of pltf. Cornell wanting to produce two witnesses that worked for compaq and deft. HP objects to this request; MJ Peebles heard oral arguments on the issue and told parties that he is reserving his decision on this matter; The remaining discovery disputes were discussed and MJ Peebles continued to get clarification of these matters that are now before him; He told parties that he hopes to have that decision out expeditiously as well; The matter of the discovery deadline approaching was discussed; MJ Peebles told parties that he intends to schedule a telephone conference to address the deadlines outlined in the Uniform pretrial order; Court Reporter/ECRO: Theresa Berical (kcl) (Entered: 09/23/2003)
2003-09-23
1
SEALED DOCUMENT ( Request and Order, Signed by MJ Peebles 10/14/03 ) (kcl) (Entered: 10/14/2003)
2003-10-14
1
SEALED DOCUMENT ( Letter dated 9/15/03 from Stewart Brown, Esq.) (kcl) (Entered: 10/14/2003)
2003-10-14
1
SEALED DOCUMENT ( request and Order signed by MJ Peebles 10/14/03 ) (kcl) (Entered: 10/14/2003)
2003-10-14
1
SEALED DOCUMENT ( affidavit of Jonathan Mack ) (kcl) (Entered: 10/14/2003)
2003-10-14
1
SEALED DOCUMENT ( Declaration of Irene Kosturakis ) (kcl) (Entered: 10/14/2003)
2003-10-14
1
SEALED DOCUMENT ( Second declaration of Licia Vaughn ) (kcl) (Entered: 10/14/2003)
2003-10-14
1
LETTE BRIEF/NOTICE dated 9/19/03; Letter addressed to MJ Peebles from Sandra Fujiyama, Esq., counsel for Cornell Research, Cornell University; Letter is in support of motion to qualify Messrs. Russell T. Wong and J. David Cabello as experts (kcl) (lmw, ). (Entered: 10/14/2003)
2003-10-14
1
LETTER BRIEF/NOTICE dated 9/5/03; LEtter addressed to MJ Peebles from Sandra Fujiyama, Esq., counsle for pltfs. Cornell Research, Cornell University; Letter filed in accordance with the telephone conference held on 8/28/03 (kcl) (lmw, ). (Entered: 10/14/2003)
2003-10-14
1
LETTER/NOTICE of Lodgement and lodgment of exhibits in support of Hewlet Packard's opposition to pltfs. discovery leter brief re: the designation as experts of messrs. Wong and cabello from John Allcock, Esq. (kcl) (Additional attachment(s) added on 6/17/2009: # 1 Part 2) (mnm, ). (Entered: 10/14/2003)
2003-10-14
1
DECLARATION of Sandra Fujiyama, Esq. for pltfs. Cornell Research, Cornell University Re: support of pltfs motion to Qualify Messrs. Russell T. Wong and J. D. Cabello and to grant access to confidential materials; Attached Exhibits 1-17, Sealed Exhibit 18, 19-28 (kcl) (lmw, ). (Entered: 10/14/2003)
2003-10-14
1
DECLARATION of Russell T. Wong Re: support of Pltfs Motion to qualify and grant access to confidential material (kcl) (mnc, ). (Entered: 10/14/2003)
2003-10-14
1
DECLARATION of David Cabello Re: support of the pltfs motion to qualify and to grant access to confidential material (kcl) (mnc, ). (Entered: 10/14/2003)
2003-10-14
1
DECLARATION OF Licia Vaughn in support of defts. opposition to Pltfs. discovery leter re: the designation as experts Messrs. Wong and Cabello; Attached Exhibits A-D (kcl) (mnc, ). (Entered: 10/14/2003)
2003-10-14
1
MOTION by Hewlett Packard Co. for David M. LaSpaluto to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Peebles (kcl) (Entered: 10/20/2003)
2003-10-20
1
ORDER granting [152-1] motion for David M. LaSpaluto to Appear Pro Hac Vice ( signed by Magistrate Judge David E. Peebles ) Date Entered: 10/21/03 (mnm) (Entered: 10/22/2003)
2003-10-21
1
SEALED DOCUMENT ( Letter dated 9/15/03 ) (kcl) (Entered: 10/23/2003)
2003-10-23
1
REDACTED LETTER/NOTICE dated 9/15/03; Letter addressed to MJ Peebles from Stewart Brown, Esq., counsel for deft. Hewlett Packard Co.; Letter responds to pltfs. 9/5/03 brief wherein they set forth HP's position why Messrs. Wong and Cabello should be barred from serving as experts for pltfs. in this matter (kcl) (mnc, ). (Entered: 10/23/2003)
2003-10-23
1
LETTER/NOTICE dated 9/19/03; Letter addressed to MJ Peebles from Sandra Fujiyama, Esq., counsel for pltfs. Cornell Research; Counsel reply in further support of their motion to qualify Messrs. Wong and Cabellos as experts (kcl) (mnc, ). (Entered: 10/23/2003)
2003-10-23
1
DECISION AND ORDER; It is hereby ordered that defts. motion to disqualify Russell T. Wong and David Cabello from serving as expert witnesses in this case and being provided access to confidential information from CRF subject to the Court's protective order is granted; So Ordered ( signed by Magistrate Judge David E. Peebles 10/23/03 ) (kcl) Additional attachment(s) added on 5/13/2004 (wgl, ). (Entered: 10/23/2003)
2003-10-23
1
Minute entry of telephone conference before MJ Peebles; App: Edward Poplawski, Brian Anderson, and Sandra Fujiyama, Esqs. for ptlf., Stewart Brown and Licia Vaughn, and Robert Barrer, Esqs. for deft., Clerk CLM; After a lenghty discussion re: discovery and the pending decisions, it was decided that the court would hold all discovery between the parties in abeyance pending MJ Peebles' decision and would allow a 60 day moratorium period following that decision to allow the parties to comply w/it; Parties pointed out that the motion filing deadline has passed and MJ Peebles indictated he would set a new discovery deadline including dates for expert disclosure and the motion filing deadline at a confernece to be scheduled; Party lastly report that there are some additioanl discovery disputes brewing but have agreed to withold them until the moratorium period; (kcl) (Entered: 11/10/2003)
2003-11-10
1
ORDER: It is hereby ordered that All party discovery is stayed in this action until 60 days following the issuance by the Court of a decision in connection w/ the pending discovery related cross-motions; This order is without prejudice to the right of any party to seek discovery from any 3rd party; The Motion filing deadline of 11/28/03 is vacated, a new order setting forth the deadlines for Discovery and filing of dispositive motions will be implimented upon the issuance of a decision on pending cross-motions; So Ordered ( signed by Magistrate Judge David E. Peebles 11/10/03 ) (kcl) (Entered: 11/10/2003)
2003-11-10
1
MOTION by Cornell Research, Cornell University for Bryan K. Anderson to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Peebles (kcl) (mnc, ). (Entered: 11/17/2003)
2003-11-13
1
TRANSCRIPT filed for dates of 9.23.03 (conference) (wjg) (Entered: 11/18/2003)
2003-11-18
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SEALED DOCUMENT (wjg) (Entered: 11/18/2003)
2003-11-18
1
ORDER granting [160-1] motion for Bryan K. Anderson to Appear Pro Hac Vice ( signed by Magistrate Judge David E. Peebles 11/18/03 ) (kcl) (Entered: 11/21/2003)
2003-11-18
1
LETTER BRIEF/NOTICE dated 2/26/03; Letter addressed to MJ Peebles from Edward Poplawski, Esq. for pltfs. Cornell Research, Cornell University; Letter submits letter concerning discovery issues and requests a Discovery conference (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
LETTER/NOTICE dated 3/3/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for Hewlett Packard Co.; Letter is in response to pltfs. 2/26/03 letter (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
LETTER/NOTICE dated 4/25/03; Letter addressed to the Court from Stewart Brown, Esq. counsel for Hewlett Packard Co.; Counsel outlines oresent issues w/ discovery responses (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
AFFIDAVIT of Licia Vaughn, Esq. for deft. Hewlett Packard Co. Re: support of the defts letter brief re: discovery (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
DECLARATION of Stewart Brown, Esq. for deft. Hewlett Packard Co. Re: support of defts. letter brief re: discovery; Attached Exhibits A-C (kcl) (Additional attachment(s) added on 6/17/2009: # 1 Part 2, # 2 Part 3) (mnm, ). (Entered: 12/09/2003)
2003-12-08
1
DECLARATION of Licia Vaughn, Esq. for deft. Hewlett Packard Co. Re: support of defts. letter brief re: discovery (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
DECLARATION of Sandra Fujiyama, Esq. for pltf. Cornell Research, Cornell University Re: opposition to defts. brief of 4/25/03; Attached Exhibits 1 and 9 (kcl) (mnm, ). (Entered: 12/09/2003)
2003-12-08
1
Declaration of Sandra Fujiyama, Esq. for pltfs. Cornell Research, Cornell University Re: support of pltfs. letter brief of 5/9/03; Attached Exhibits (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
DECLARATION of Denise McKenzie for Cornell Research, Cornell University Re: support of pltfs letter brief dated 5/9/03; Attached Exhibits (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
DECLARATION of Stewart Brown for deft. Hewlett Packard Co. Re: support of defts letter brief re: discovery; Attached Exhibits A-G (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
LETTER/NOTICE dated 5/28/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for Hewlett Packard Co.; Counsel writes to correct the record before the Court relating to HP's opinions of counsel (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
LETTER/NOTICE dated 6/11/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for deft. Hewlett Packard Co.; counsel responds to pltfs. 6/3/03 letter; Attached Exhibits A and B (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
LETTER/NOTICE dated 10/8/03; Letter addressed to MJ Peebels from Edward Popalwski, Esq. for pltfs. Cornell Research, Cornell University: Counsel advises the Court of a matter re: the pending Discovery motion (kcl) (mnc, ). (Entered: 12/09/2003)
2003-12-08
1
LETTER/NOTICE dated 10/9/03; Letter addressed to MJ Peebles from Stewart Brown, Esq. for deft. Hewlett Packard Co.; Counsel responds to pltfs. letter dated 10/8/03 (kcl) (mnm, ). (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT (Letter dated 5/15/03 from Barry Shelton) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Affidavit of Douglas H ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Transcript listed as Exhibit A ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Transcript listed as Exhibit B ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing documents [178-1] through [181-1] ( signed by Magistrate Judge David E. Peebles 6/25/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Letter Brief dated 5/9/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing document [184-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT (Letter Brief dated 5/9/03) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing document [185-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing Exhibits that were submitted on 5/13/03 shall be filed under seal w/ this order; Exhibits attached ( signed by Magistrate Judge David E. Peebles 12/8/03) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Letter dated 5/9/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER w/ attachements Sealing document [188-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Letter Brief dated 5/15/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( affidavit ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing documents [190-1] and [191-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Letter Brief dated 5/23/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing document [193-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing Attachments within listed as A-D ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
SEALED DOCUMENT ( Letter Brief dated 6/3/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
ORDER Sealing document [196-1] ( signed by Magistrate Judge David E. Peebles 12/1/03 ) (kcl) (Entered: 12/09/2003)
2003-12-08
1
DECISION AND ORDER: ORDERED that CRF's motion to compel is GRANTED in part, as to the following: 1) CRF's request for basic damage calculation data, as relates to CRF Interrogatory Nos. 5 and 6 and CRF Document Request No. 5, as more specifically narrowed and delineated on pages 20-21 of this opinion; 2) CRF's request for information related to peripherals, as relates to CRF Interrogatory Nos. 5 and 6 and Document Request No. 5, as more specifically narrowed and delineated on pages 24-25 of this opinion; 3) CRF Fourth Document Request Nos. 76, 77 and 78, only with regard to PA-8000 family of processors, together with servers or workstations containing accused CPU units; 4) CRF Fourth Document Request No. 79, limited to documents specifically discussing competitors and competition for the PA-8000 family of processors together with any servers or workstations containing such CPU units; 5) CRF Fourth Document Request No. 111, limited to accused products, together with servers and workstations containing such alleged infringing CPU units; 6) CRF Interrogatory No. 8, relating to contention interrogatories HP is required to describe the factual basis for its patent exhaustion defense, and to identify all documents (whether or not in the possession, custody or control of HP) supporting that defense, and witnesses with knowledge of that defense; 7) CRF Interrogatory No. 7, as it relates to agreements with HP and third parties concerning HP-8000 family as well as any other CPU units manufactured under other labels or model numbers by or for HP which have the ability to process non-sequential instructions; 8) Cornell Request for Production No. 1; HP is to supply documents related to or identified in its answer to Cornell Interrogatory No. 3, relating to understandings or agreements between HP and any third party regarding HP patent; 9) CRF First Request for Production Nos. 5 and 6, as they related to PA-8000 processors; HP is instructed to identify documents with specificity, and identify documents being withheld that would otherwise fall within the scope of this discovery request, setting forth specific grounds for withholding them; 10) CRF Fourth Request for Production Nos. 6-8, only to the extent of identifying and producing any documents upon which HP intends to rely on at trial; 11) Cornell Interrogatory No. 2 and Request for Production No. 1 and CRF Fourth Request For Production Nos. 100-105; HP instructed to produce all materials related to non-liability opinion disclosed by HP, including documents or materials used by or prepared by HP or its counsel and referred to in the opinion, as well as any other opinions which support, contradict or weaken the attorney's opinions; HP also instructed to provide a more complete privilege log identifying any materials relating to this issue that have been withheld; 12) CRF Second Request for Production, relating to technical specifications, drawings and schematics for the accused processors, including the HP-8000 series; HP is instructed to make available to plaintiffs' expert, during business hours and for a reasonable period of time not to exceed eight hours in total, the technical drawings and specification which it maintains in the ordinary course of business in electronic format regarding the PA-8000 family, subject to terms and conditions negotiated between the parties, including parameters such as presence of HP personnel and after CRF representations during the process; 13) CRF Fourth Request for Production Nos. 68-70 concerning schematics exchanged between HP and third parties relating to the accused products; HP is instructed to produce such information in digital or electronic media format; 14) CRF Interrogatory No. 13 and accompanying Fifth Request for Production No. 8, and CRF Third Request for Production Nos. 1-9, relating to tracking dependencies and nullification; 15) CRF's May 9, 2003 request for the Lotz declaration given to Dr. Flynn, HP's testifying expert; 16) to the extent that HP is required to make certain certifications to plaintiffs and the court, HP is instructed to certify to the court and CRF's counsel within a reasonable time period specified by the parties that: a) it has supplied information necessary to allow CRF to calculate total number of accused devices manufactured by outside vendors which may be licensed under '115 patent, and identify specifically the documents that contain this information; b) all documents complying with CRF Interrogatory No. 7 have been produced, with descriptions of those documents and corresponding Bates Nos.; c) it has fully responded to Interrogatory No. 3; d) it has produced all documents responsive to CRF Second Request for Production Nos. 31 and 32, and to identify which documents have been produced, which have been withheld and what basis, if any, for withholding; e) it has provided CRF with access to all responsive, non-privileged documents within its possession, custody or control with regard to CRF Interrogatory No. 13, Fifth Request for Production No. 8, and CRF Third RFP Nos. 1-9, and to extent that documents have been withheld, identify these documents on privilege log together with indication of basis for withholding; f) it is not withholding any documents solely on the basis of the blanket objections it has asserted; g) defendant's counsel, including though not limited to Barry Shelton, no longer have available to them in any form including electronic drafts of Dr. Flynn's declaration; and 15) to the extent that CRF has moved to compel HP to submit a more detailed privilege log, HP is instructed to provide a proper privilege log in compliance with Rule 26(b)(5) of the Federal Rules of Civil Procedure concerning any documents withheld on the basis of attorney-client privilege or work product doctrine within thirty (30) days of this order; and it is further ORDERED, that CRF's motion to compel is DENIED, as follows: 1) documents requested pursuant to CRF Document Request No. 6, as that document request is unduly confusing and redundant; 2) CRF Fourth Document Request Nos. 61, 62, 64, 71, 72, 107, 108, 109, 100, 112, 113, 117, 118, and 119, as redundant and/or overbroad, without prejudice to CRF's right to renew any of these, narrowed in form, based upon a demonstration that such documents exist and that the scope of the request is reasonable, and upon a showing of relevance which outweighs the burden of production; 3) CRF Fourth RFP Nos. 9-49, without prejudice to CRF's right to reapply to court, after meeting and conferring with HP to impasse, for directive that HP comply with these requests as narrowed and more clearly defined in scope; 4) CRF's motion to compel is otherwise DENIED; and it is further ORDERED, that HP's motion to compel discovery is GRANTED in part, in that to the extent that CRF is required to make certain certifications to defendants and the court, CRF is instructed to certify to the court and HP's counsel within a reasonable time period specified by the parties that: 1) it has responded to HP Interrogatory Nos. 3 and 13, related to plaintiff's claim construction contention, by preparing a chart as agreed by the parties; 2) it has supplemented and responded to HP Interrogatory No. 5, concerning licensing and negotiations for rights under the '115 patent; 3) it has responded to HP Interrogatory No. 12, seeking information concerning plaintiff's awareness of prior art related to the '115 patent, as modified; 4) CRF has supplemented and responded with all documents within its possession, custody or control to Requests for Production Nos. 9, 10, 12, 28, 29, 31, 32, 33, 42, 51 and HP's Second Document Request; 5) Cornell has supplemented and responded with all documents within its possession, custody or control to Request for Production Nos. 7, 8, 10, 18, 19, 21, 22, 23, 31, and 40; 6) it has provided information concerning page count for documents listed on its privilege log; 7) it has provided enough information on its privilege log concerning the existence and content of any attachments, with sufficient particularity without disclosing confidential material, to allow HP to understand the scope of what is being withheld; and 8) it has detailed on its privilege log the basis for any withheld attachment, as distinct from the document to which the attachment is appended; and it is further ORDERED, that HP's motion to compel is otherwise DENIED; and it is further ORDERED, that CRF redesignate its privilege log as "Confidential - Level 2"; and it is further ORDERED, that both parties comply with compromise reached during May 14, 2003 hearing that third party communications designated as "Confidential - Level 1" and notes at issue including Bates Nos. CR310728-30, CR031735, CR0310747, CR0310762-63, and CR0310764 be excepted from the protective order, in that HP would be permitted to show any particular document within that group to two additional HP employees, other than individuals privy under the protective order to "Confidential - Level 1" documents, and would not be required to reveal the identities of those two employees to CRF, provided that the individuals to whom those documents are shown first sign an agreement to be bound by the protective order; and it is further ORDERED that the Clerk of the Court serve a copy of this order upon counsel for the parties by regular mail. ( signed by Magistrate Judge David E. Peebles 12/9/03 ) (kcl) (Entered: 12/09/2003)
2003-12-09
1
STIPULATION AND ORDER; The Deadline in which to file a motion for reconsideration is reset to 1/9/2004. So ORdered. Signed by Judge David E. Peebles on 12/17/03. (kcl, ) (Entered: 12/22/2003)
2003-12-17
1
REDACTED MOTION for Reconsideration, stay and/or for clarification of limited aspects of the Court's 12/9/03 Order by Robert Barrer, Esq. for deft. Hewlett Packard Company; Motion returnable 2/11/04 before Magistrate Judge David E. Peebles; Response due 1/23/04; Attached Case law; ( Document on file w/ Clerk's office )(kcl, ) (mnc, ). (Entered: 01/12/2004)
2004-01-09
1
AFFIDAVIT of Licia Vaughn re support of the 200 REDACTED MOTION for Reconsideration, Stay by Robert Barrer, Esq. for Hewlett Packard Company; Attached Exhibits A-D; (document on file w/ Clekr's office) (kcl, ) (mnc, ). (Entered: 01/12/2004)
2004-01-09
1
SEALED DOCUMENT/Motion - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 01/12/2004)
2004-01-09
1
SEALED DOCUMENT/Affidavit - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 01/12/2004)
2004-01-09
1
NOTICE of Hearing on Motion 200 MOTION for Reconsideration MOTION to Stay: Response to Motion due by 1/23/2004 Motion Hearing set for 2/11/2004 10:00 AM before Judge Norman A. Mordue. (kcl, ) (Entered: 01/12/2004)
2004-01-12
1
ORDER ; Parties are ordered not to file doscuments electronically due to the sensitive nature of thier filings; All attorneys appearing in this action must be registered as an electronic receipient by 2/13/04. Signed by Judge David E. Peebles on 1/16/04. (kcl, ) (Entered: 01/16/2004)
2004-01-16
1
LETTER/NOTICE dated 1/16/04; Letter advising parties that in addition to filling out the ECF Registration parties may complete the registration on line; notice sent by KCL (kcl, ) (Entered: 01/16/2004)
2004-01-16
1
STIPULATION AND ORDER; Parties agree that the Response to the 200-1 motion for reconsideration is due 1/30/04; So Ordered. Signed by Judge David E. Peebles on 1/20/04. (kcl, ) (Entered: 01/20/2004)
2004-01-20
1
NOTICE to counsel by CRD to Judge Peebles advising that the motion for reconsideration filed by the defendant will be taken on submit. No appearances are necessary. Response ddl. to the motion for reconsideration is set for 1/30/04. (sal, ) (Entered: 01/21/2004)
2004-01-21
1
APPLICATION/ORDER to file certain documents under seal; So Ordered. Signed by Judge David E. Peebles on 1/30/04. (kcl, ) (Entered: 02/04/2004)
2004-01-30
1
REDACTED RESPONSE IN OPPOSITION to Defts. 200 MOTION for Reconsideration MOTION to Stay MOTION to Stay by Edward Poplawski, Esq. for pltfs. Cornell Research Foundation, Inc., Cornell University. (kcl, ) (mnc, ). (Entered: 02/04/2004)
2004-01-30
1
LETTER/REQUEST AND ORDER; Letter addressed to MJ Peebels from Robert Barrer, Esq.; Counsel request leave to file a short reply brief to pltfs opposition to defts. Motion for reconsideration; So Ordered, five page brief allowed to be filed by 2/9/04. Signed by Judge David E. Peebles on 2/3/04. (kcl, ) (Entered: 03/02/2004)
2004-02-03
1
SEALED DOCUMENT/Opposition - maintained in Clerk's Office and not available for electronic viewing; Attached Exhibits (kcl, ) (Entered: 02/04/2004)
2004-02-04
1
SEALED DOCUMENT/Declaration - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 02/04/2004)
2004-02-04
1
SEALED DOCUMENT/Declaration - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 02/04/2004)
2004-02-04
1
LETTER/REQUEST AND ORDER; Letter addressed to MJ Peebles from Robert Barrer, Esq.; counsel requests that the Court allow deft. to file a short reply brief in further support of the 200 MOTION for Reconsideration /Stay; So Ordered, Deft. may e-file reply of 5 pages or less by 2/9/04; Signed by Judge David E. Peebles on 2/4/04. (kcl, ) (Entered: 02/05/2004)
2004-02-05
1
ORDER staying discovery until further order of the Court; Court will conduct a conference in this matter. Signed by Judge David E. Peebles on 2/5/04. (kcl, ) (Entered: 02/05/2004)
2004-02-05
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (Entered: 02/10/2004)
2004-02-10
1
SECOND DECLARATION: of Licia E. Vaugh on behalf of Hewlett Packard Company in support of 200 MOTION for Reconsideration and MOTION to Stay MOTION to Stay, supplements the 201 Declaration. Filed traditionally, not available for electronic view. (jmb) (mnc, ). (Entered: 02/10/2004)
2004-02-10
1
REDACTED VERSION - REPLY to Response to Motion filed by Hewlett Packard Company in further support of 200 MOTION for Reconsideration and MOTION to Stay MOTION to Stay. Filed traditionally, not available for electronic view. (jmb) (mnc, ). (Entered: 02/10/2004)
2004-02-10
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (Entered: 02/10/2004)
2004-02-10
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (Entered: 02/10/2004)
2004-02-10
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (jmb) (Entered: 02/10/2004)
2004-02-10
1
Minute Entry for proceedings held before Judge David E. Peebles : Telephone Conference held on 3/22/2004. Next telephone conference set for 5/10/04 at 2:00pm ( Atty. Brown to initiate ) (kcl, ) (Entered: 03/22/2004)
2004-03-22
1
SCHEDULING ORDER: Telephone Conference set for 5/10/2004 02:00 PM before Magistrate Judge David E. Peebles. Atty Brown to initiate the call. Signed by Judge David E. Peebles on 3/22/04. (kcl, ) (Entered: 03/22/2004)
2004-03-22
1
MEMORANDUM DECISION AND ORDER; It is ordered that plaintiff's motion to strike all references to and discussion of the Book "Superscalar Microprocessor Design" is granted; The disputed terms of the 115 patent are construed in accordance with the decision herein. Signed by Judge Norman A. Mordue on 3/26/04. (kcl, ) (Entered: 03/26/2004)
2004-03-26
1
Letter from Denise McKenzie, Esq. dated 4/5/04 confirming that the telephone status conference set for 5/10/04 at 2:00 p.m. has been changed to an in-person conference in Syracuse, NY before Judge Peebles. (sal, ) (Entered: 04/09/2004)
2004-04-09
1
Minute Entry for proceedings held before Judge David E. Peebles : in-person Pretrial Conference held on 6/9/2004. (kcl, ) (Entered: 06/16/2004)
2004-06-09
1
SEALED APPLICATION AND ORDER . Signed by Judge David E. Peebles on 6/10/04. document not available for electronic veiwing, on file with clerk(kcl, ) (Entered: 06/16/2004)
2004-06-10
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing (kcl, ) (Entered: 06/16/2004)
2004-06-10
1
ORDER LIFTING STAY IN PART. Signed by Judge David E. Peebles on 6/15/04. (kcl, ) (Entered: 06/16/2004)
2004-06-15
1
SCHEDULING ORDER: Discovery due by 2/11/2005. Motions to be filed by 2/25/2005.. Signed by Judge David E. Peebles on 6/28/04. (kcl, ) (Entered: 06/28/2004)
2004-06-28
1
MOTION for Partial Summary Judgment; Motion taken on submit for 8/4/2004 before Judge Norman A. Mordue. Parties need not appear for oral argument on that date; Filed by Hewlett Packard Company.(kcl, ) (Entered: 07/19/2004)
2004-07-19
1
REDACTED MEMORANDUM OF LAW re 232 Motion for Partial Summary Judgment filed by Hewlett Packard Company. (kcl, ) (Entered: 07/19/2004)
2004-07-19
1
REDACTED STATEMENT OF MATERIAL FACTS re 232 MOTION for Partial Summary Judgment filed by Hewlett Packard Company. (kcl, ) (Entered: 07/19/2004)
2004-07-19
1
NOTICE of Lodgment of Authority w/ exhibits A-C by Robert Barrer, Esq. for deft. Hewlett Packard Company re 232 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibits D through G of Notice of Lodgment of Authority)(kcl, ) (Entered: 07/21/2004)
2004-07-19
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STIPULATION AND ORDER Setting Briefing deadlines on 232 MOTION for Partial Summary Judgment: Response to Motion due by 7/16/2004 Reply to Response to Motion due by 7/23/2004.. Signed by Judge Norman A. Mordue on 7/19/04. (kcl, ) (Entered: 07/21/2004)
2004-07-19
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing; (Application) (kcl, ) (Entered: 07/21/2004)
2004-07-19
1
SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing; ( Order Sealing Certain Documents ) (kcl, ) (Entered: 07/21/2004)
2004-07-19
1
SEALED DOCUMENT (pursuant to protective Order )- maintained in Clerk's Office and not available for electronic viewing; ( Sealed Memorandum of Law ) (kcl, ) (Entered: 07/21/2004)
2004-07-19
1
SEALED DOCUMENT (Pursuant to Protective Order)- maintained in Clerk's Office and not available for electronic viewing; (Declaration) (kcl, ) (Entered: 07/21/2004)
2004-07-19
1