ESCO Corp. v. Berkeley Forge & Tool, Inc.

4:09-cv-01635

Overview

Case Number 4:09-cv-01635

Filing Date 2009-04-14

Status Terminated

Termination Date 2010-03-10

Court District Court, N.D. California (cand)

Presiding Judge Saundra Brown Armstrong

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Counter-Claimant

Berkeley Forge & Tool, Inc.

Represented By

1 Attorneys Listed

Igor Shoiket

Dergosits & Noah LLP

Tel: +1 (415) 705-6377

Fax: +1 (415) 705-6383

One Embarcadero Center, Suite 350, San Francisco, CA 94111

Counter Defendant

ESCO Corp.

Represented By

5 Attorneys Listed

Mark Daryl Miller

Post Office Box 9489

Tel: +1 (559) 435-5500

Fax: +1 (559) 435-1500

Kimble, MacMichael & Upton, A Professional Corporation

Louis DiSanto ,

Banner & Witcoff, Ltd.

Tel: +1 (312) 463-5000

Fax: +1 (312) 463-5001

Banner & Witcoff, Ltd., 10 S. Wacker Drive

Justin Busch

Banner & Witcoff, Ltd.

Tel: +1 (312) 463-5000

Fax: +1 (312) 463-5001

Banner & Witcoff, Ltd., 10 South Wacker Drive

Charles Wilbur Shifley

Banner & Witcoff, Ltd.

Tel: +1 (312) 463-5000

Fax: +1 (312) 463-5001

Banner & Witcoff, Ltd., 10 S. Wacker Drive, 30th Floor

Robert Harlow Scribner

Kimble MacMichael & Upton

Tel: +1 (559) 435-5500

Fax: +1 (559) 435-1500

Kimble MacMichael & Upton, 5260 N. Palm Avenue

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Saundra Brown Armstrong

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT; With Jury Demand, against Berkeley Forge & Tool, Inc. ( Filing fee $ 350, receipt number 34611031107.). Filed byESCO Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jlm, COURT STAFF) (Filed on 4/14/2009) (Entered: 04/16/2009)

2009-04-14

View

ADR SCHEDULING ORDER: Case Management Statement due by 7/16/2009. Case Management Conference set for 7/23/2009 03:00 PM. (Attachments: # 1 Standing Order - SBA)(jlm, COURT STAFF) (Filed on 4/14/2009) (Entered: 04/16/2009)

2009-04-14

View

Summons Issued as to Berkeley Forge & Tool, Inc.. (jlm, COURT STAFF) (Filed on 4/14/2009) (Additional attachment(s) added on 4/23/2009: # 1 Revised Main Document) (jlm, COURT STAFF). (Entered: 04/16/2009)

2009-04-14

View

REPORT on the filing of an action regarding PATENT INFRINGEMENT (cc: form mailed to register). (jlm, COURT STAFF) (Filed on 4/14/2009) (Entered: 04/16/2009)

2009-04-14

View

ESCO Corp. v. Berkeley Forge & Tool, Inc.

Overview

Parties

Counter-Claimant

Berkeley Forge & Tool, Inc. Follow

Represented By

Counter Defendant

ESCO Corp. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT; With Jury Demand, against Berkeley Forge & Tool, Inc. ( Filing fee $ 350, receipt number 34611031107.). Filed byESCO Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(jlm, COURT STAFF) (Filed on 4/14/2009) (Entered: 04/16/2009)

ADR SCHEDULING ORDER: Case Management Statement due by 7/16/2009. Case Management Conference set for 7/23/2009 03:00 PM. (Attachments: # 1 Standing Order - SBA)(jlm, COURT STAFF) (Filed on 4/14/2009) (Entered: 04/16/2009)

Summons Issued as to Berkeley Forge & Tool, Inc.. (jlm, COURT STAFF) (Filed on 4/14/2009) (Additional attachment(s) added on 4/23/2009: # 1 ***Revised Main Document***) (jlm, COURT STAFF). (Entered: 04/16/2009)

REPORT on the filing of an action regarding PATENT INFRINGEMENT (cc: form mailed to register). (jlm, COURT STAFF) (Filed on 4/14/2009) (Entered: 04/16/2009)

CLERKS NOTICE Case Management Conference set for 9/3/2009 02:30 PM. VIA TELEPHONE. (lrc, COURT STAFF) (Filed on 4/17/2009) (Entered: 04/17/2009)

MOTION for leave to appear in Pro Hac Vice for Charles W. Shifley ( Filing fee $ 210, receipt number 44611003476.) filed by ESCO Corp.. (Attachments: # 1 Proposed Order)(jlm, COURT STAFF) (Filed on 4/20/2009) (Entered: 04/21/2009)

MOTION for leave to appear in Pro Hac Vice for Justin Busch ( Filing fee $ 210, receipt number 44611003476.) filed by ESCO Corp.. (Attachments: # 1 Proposed Order)(jlm, COURT STAFF) (Filed on 4/20/2009) (Entered: 04/21/2009)

CERTIFICATE OF SERVICE by ESCO Corp. of Summons, Complaint, and related documents on Berkeley Forge & Tool, Inc. by delivery and mailing on April 17, 2009 (Miller, Mark) (Filed on 4/21/2009) (Entered: 04/21/2009)

ORDER by Judge Saundra Brown Armstrong GRANTING 6 Motion for Pro Hac Vice for Charles W. Shifley (jlm, COURT STAFF) (Filed on 4/22/2009) (Entered: 04/23/2009)

ORDER by Judge Saundra Brown Armstrong GRANTING 7 Motion for Pro Hac Vice for Justin Busch (jlm, COURT STAFF) (Filed on 4/22/2009) (Entered: 04/23/2009)

CERTIFICATE OF SERVICE by ESCO Corp. of Summons, Complaint, etc. on Berkeley Forge & Tool, Inc. by personal service on April 22, 2009 (Miller, Mark) (Filed on 4/27/2009) (Entered: 04/27/2009)

ANSWER to Complaint with Jury Demand; COUNTERCLAIM against ESCO Corp., filed by Berkeley Forge & Tool, Inc.. (Shoiket, Igor) (Filed on 5/13/2009) Modified on 5/14/2009 (jlm, COURT STAFF). (Entered: 05/13/2009)

***ERRONEOUS ENTRY PLEASE REFER TO DOCUMENT 14 *** CERTIFICATE OF SERVICE by ESCO Corp. of Clerk's Notice served by mail on May 13, 2009 (Miller, Mark) (Filed on 5/13/2009) Modified on 5/14/2009 (jlm, COURT STAFF). Modified on 5/15/2009 (jlm, COURT STAFF). (Entered: 05/13/2009)

CERTIFICATE OF SERVICE re 5 Clerk's Notice filed by ESCO Corp. (Miller, Mark) (Filed on 5/14/2009) Modified on 5/15/2009 (jlm, COURT STAFF). (Entered: 05/14/2009)

ANSWER to Counterclaim, filed by ESCO Corp.. (Miller, Mark) (Filed on 6/2/2009) Modified on 6/3/2009 (jlm, COURT STAFF). (Entered: 06/02/2009)

CERTIFICATE OF SERVICE by ESCO Corp. re 10 Order on Motion for Pro Hac Vice, 9 Order on Motion for Pro Hac Vice (Busch, Justin) (Filed on 6/4/2009) Modified on 6/5/2009 (jlm, COURT STAFF). (Entered: 06/04/2009)

MOTION to Stay Proceedings Pending Reexamination of the Patents-In-Suite, filed by Berkeley Forge & Tool, Inc.. Motion Hearing set for 9/29/2009 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Shoiket, Igor) (Filed on 7/9/2009) Modified on 7/10/2009 (jlm, COURT STAFF). (Entered: 07/09/2009)

Proposed Order re 17 Granting Motion to Stay Proceedings Pending Reexamination of the Patents-In-Suit filed by Berkeley Forge & Tool, Inc.. (Shoiket, Igor) (Filed on 7/9/2009) Modified on 7/10/2009 (jlm, COURT STAFF). (Entered: 07/09/2009)

CLERKS NOTICE Case Management Conference set for 9/29/2009 01:00 PM. (lrc, COURT STAFF) (Filed on 8/20/2009) (Entered: 08/20/2009)

CASE MANAGEMENT STATEMENT and Proposed Order, filed by ESCO Corp.. (Busch, Justin) (Filed on 8/20/2009) Modified on 8/21/2009 (jlm, COURT STAFF). (Entered: 08/20/2009)

Memorandum in Opposition re 17 Motion to Stay Proceedings Pending Reexamination of the Patents-In-Suit filed by ESCO Corp.. (Busch, Justin) (Filed on 9/8/2009) Modified on 9/9/2009 (jlm, COURT STAFF). (Entered: 09/08/2009)

Proposed Order re 17 Motion to Stay Proceedings Pending Reexamination of the Patents-In-Suit filed by ESCO Corp.. (Busch, Justin) (Filed on 9/8/2009) Modified on 9/9/2009 (jlm, COURT STAFF). (Entered: 09/08/2009)

Reply Memorandum re 17 Motion to Stay Proceedings Pending Reexamination of the Patents-In-Suite filed by Berkeley Forge & Tool, Inc.. (Shoiket, Igor) (Filed on 9/15/2009) Modified on 9/16/2009 (jlm, COURT STAFF). (Entered: 09/15/2009)

Proposed Order re 17 Motion to Stay Proceedings Pending Reexamination of the Patents-In-Suite by ESCO Corp.. (Miller, Mark) (Filed on 9/24/2009) Modified on 9/25/2009 (jlm, COURT STAFF). Modified on 9/25/2009 (jlm, COURT STAFF). (Entered: 09/24/2009)

Amended Proposed Order re 17 Motion to Stay Proceedings Pending Reexamination of the Patents-In-Suite by Berkeley Forge & Tool, Inc.. (Shoiket, Igor) (Filed on 9/24/2009) Modified on 9/25/2009 (jlm, COURT STAFF). (Entered: 09/24/2009)

ORDER by Judge Saundra Brown Armstrong DENYING 17 Motion to Stay. The Case Management Conference has been CONTINUED to 10/15/09 at 2:30 PM, via telephone (lrc, COURT STAFF) (Filed on 9/28/2009) Modified on 9/29/2009 (jlm, COURT STAFF). (Entered: 09/28/2009)

AMENDED JOINT CASE MANAGEMENT STATEMENT with Proposed Order, filed by ESCO Corp., Berkeley Forge & Tool, Inc.. (Busch, Justin) (Filed on 10/1/2009) Modified on 10/2/2009 (jlm, COURT STAFF). (Entered: 10/01/2009)

CLERKS NOTICE Case Management Conference set for 10/15/2009 02:45 PM. VIA TELEPHONE. (lrc, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)

STIPULATION and Proposed Protective Order, by ESCO Corp., Berkeley Forge & Tool, Inc.. (Busch, Justin) (Filed on 10/21/2009) Modified on 10/22/2009 (jlm, COURT STAFF). (Entered: 10/21/2009)

ORDER REFERRING CASE to Magistrate Judge for ALL Discovery purposes. Signed by Judge Saundra Brown Armstrong, on 10/22/09. (lrc, COURT STAFF) (Filed on 10/22/2009) Modified on 10/23/2009 (jlm, COURT STAFF). (Entered: 10/22/2009)

CASE MANAGEMENT SCHEDULING ORDER:, Case referred to Private ADR. Claims Construction Hearing set for 5/5/2010 09:00 AM. Case Management Conference set for 5/5/2010 09:00 AM.. Signed by Judge ARMSTRONG on 10/23/09. (lrc, COURT STAFF) (Filed on 10/23/2009) (Entered: 10/23/2009)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shifley, Charles) (Filed on 11/17/2009) (Entered: 11/17/2009)

MOTION to Withdraw as Attorney (Justin Busch) filed by ESCO Corp.. Motion Hearing set for 12/29/2009 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Shifley, Charles) (Filed on 11/18/2009) (Entered: 11/18/2009)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Berkeley Forge & Tool, Inc. (Shoiket, Igor) (Filed on 11/30/2009) Modified on 12/2/2009 (jlm, COURT STAFF). (Entered: 11/30/2009)

MOTION for leave to appear in Pro Hac Vice for Louis DiSanto ( Filing fee $ 210, receipt number 44611004503.) filed by ESCO Corp.. (Attachments: # 1 Proposed Order)(jlm, COURT STAFF) (Filed on 11/30/2009) (Entered: 12/03/2009)

ORDER by Judge Saundra Brown Armstrong GRANTING 40 Motion for Pro Hac Vice - Louis DiSanto. (kc, COURT STAFF) (Filed on 12/2/2009) (Entered: 12/07/2009)

Joint MOTION and Proposed Order Permitting More Time to Complete Private Mediation, filed by ESCO Corp., Berkeley Forge & Tool, Inc.. (Shifley, Charles) (Filed on 12/21/2009) Modified on 12/23/2009 (jlm, COURT STAFF). (Entered: 12/21/2009)

ORDER by Judge Judge Saundra Brown Armstrong GRANTING 42 Motion to Extend Time to Complete Mediation. Mediation is EXTENDED through 02/26/10. (lrc, COURT STAFF) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF). (Entered: 12/28/2009)

NOTICE of Substitution of Counsel Igor Shoiket, filed by Berkeley Forge & Tool, Inc. (Shoiket, Igor) (Filed on 1/6/2010) Modified on 1/7/2010 (jlm, COURT STAFF). (Entered: 01/06/2010)

JOINT CLAIM CONSTRUCTION STATEMENT and Prehearing Statement, filed by ESCO Corp. Berkeley Forge & Tool, Inc.. (DiSanto, Louis) (Filed on 2/12/2010) Modified on 2/16/2010 (jlm, COURT STAFF). (Entered: 02/12/2010)

Joint MOTION and Proposed Order Permitting More Time to Complete Private Mediation filed by ESCO Corp., Berkeley Forge & Tool, Inc.. (DiSanto, Louis) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF). (Entered: 02/17/2010)

ORDER: Permitting an extension of time to 03/02/2010, by which parties may complete mediation. Signed by Judge Saundra Brown Armstrong, on 2/22/10. (lrc, COURT STAFF) (Filed on 2/24/2010) Modified on 2/25/2010 (jlm, COURT STAFF). (Entered: 02/24/2010)

STIPULATION for Dismissal, filed by ESCO Corp., Berkeley Forge & Tool, Inc.. (Miller, Mark) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). Modified on 3/3/2010 (jlm, COURT STAFF). Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)

FINAL DECISION AND PROPOSED ORDER Pursuant to 48 Stipulation by ESCO Corp. (Miller, Mark) (Filed on 3/3/2010) Modified on 3/4/2010 (kc, COURT STAFF). (Entered: 03/03/2010)

Joint MOTION to Dismiss This Action, filed by ESCO Corp., Berkeley Forge & Tool, Inc.. (Attachments: # 1 Proposed Order)(Shifley, Charles) (Filed on 3/9/2010) Modified on 3/10/2010 (jlm, COURT STAFF). (Entered: 03/09/2010)

ORDER DISMISSING CASE. Signed by Judge Saundra Brown Armstrong, on 3/8/10. (lrc, COURT STAFF) (Filed on 3/10/2010) Modified on 3/11/2010 (jlm, COURT STAFF). (Entered: 03/10/2010)

REPORT on the determination of an action regarding PATENT INFRINGEMENT (cc: form mailed to register). (Attachments: # 1 Final Decision and Order Pursuant to Stipulation)(jlm, COURT STAFF) (Filed on 3/11/2010) (Entered: 03/11/2010)

REPORT on the determination of an action regarding PATENT INFRINGEMENT (cc: form mailed to register). (Attachments: # 1 Final Decision and Order Pursuant to Stipulation)(jlm, COURT STAFF) (Filed on 3/11/2010) (Entered: 03/11/2010)

Track Case Updates

Berkeley Forge & Tool, Inc.

ESCO Corp.

Summons Issued as to Berkeley Forge & Tool, Inc.. (jlm, COURT STAFF) (Filed on 4/14/2009) (Additional attachment(s) added on 4/23/2009: # 1 Revised Main Document) (jlm, COURT STAFF). (Entered: 04/16/2009)

ERRONEOUS ENTRY PLEASE REFER TO DOCUMENT 14 CERTIFICATE OF SERVICE by ESCO Corp. of Clerk's Notice served by mail on May 13, 2009 (Miller, Mark) (Filed on 5/13/2009) Modified on 5/14/2009 (jlm, COURT STAFF). Modified on 5/15/2009 (jlm, COURT STAFF). (Entered: 05/13/2009)