Kirsch v. Xerox Corp

Application Number	Patent Number	External Links
-	US4816911	Espacenet Google Patents

COMPLAINT with jury demand and exhibit "A" - Receipt # 401096 - Date Fee Received: 6/20/00 (lh) (Entered: 06/22/2000)

2000-06-20

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REPORT sent to Washington (lh)

2000-06-20

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ORDER reassigning case from Judge Gerald E. Rosen to Judge Denise Page Hood - Reason: companion case to 98-72813 (ew) (Entered: 08/10/2000)

2000-08-07

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COUNTERCLAIM by defendant Xerox Corp against plaintiff Jerry Kirsch with proof of mailing (ls) (Entered: 08/16/2000)

2000-08-14

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NOTICE by the court of setting scheduling conference for 11:00 on 9/7/00 (ls) (Entered: 08/18/2000)

2000-08-16

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NOTICE canceling 9/7/00 scheduling conference (ew) (Entered: 08/25/2000)

2000-08-24

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THIRD-PARTY complaint by defendant Xerox Corp against Danka Off Imaging Co, NEC USA Inc, Samsung Electronics; jury demand, with attachment A. (PP) (Entered: 08/29/2000)

2000-08-25

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ANSWER by plaintiff Jerry Kirsch to counter claim by Xerox Corp [3-1] (dh) (Entered: 09/06/2000)

2000-09-05

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SUMMONS returned executed by certified mail on 7/6/00 - answer due 7/26/00 for Xerox Corp (lh) (Entered: 09/11/2000)

2000-09-07

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FIRST AMENDED complaint by plaintiff adding Kathleen Kirsch with jury demand and exhibits (ew) (Entered: 11/08/2000)

2000-11-07

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PROOF of mailing by plaintiffs Jerry Kirsch and Kathleen Kirsch of first amended complaint for patent infringement and jury demand (dp) (Entered: 11/13/2000)

2000-11-09

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AFFIRMATIVE defenses by defendant Xerox Corp with proof of mailing (lh) (Entered: 12/14/2000)

2000-12-13

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ORDER by Judge Denise Page Hood with stipulation allowing Samsong Electronics Co Ltd to intervene as a defendant in this action [EOD Date: 12/15/00] (lh) (Entered: 12/15/2000)

2000-12-14

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AFFIRMATIVE defenses by intervenor-defendant Samsung Electronics (PP) (Entered: 12/20/2000)

2000-12-19

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PROOF of mailing of stipulation and order to allow intervention. (PP) (Entered: 12/21/2000)

2000-12-20

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ANSWER by plaintiff to counter claim by Xerox Corp [11-1] with proof of mailing (ew) (Entered: 12/27/2000)

2000-12-22

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STIPULATED PROTECTIVE order by Judge Denise Page Hood [EOD Date: 3/9/01] (DT) (Entered: 03/09/2001)

2001-03-08

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PROOF of mailing of protective order (ew) (Entered: 03/13/2001)

2001-03-13

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ORDER by Judge Denise Page Hood with stipulation concerning claim construction statements [EOD Date: 7/12/01] (LS) (Entered: 07/12/2001)

2001-07-11

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STIPULATED order by Judge Denise Page Hood concerning claim construction statements [EOD Date: 7/26/01] (LS) (Entered: 07/26/2001)

2001-07-24

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STATUS conference held - Judge Denise Page Hood (bl)

2001-09-06

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AMENDED AFFIRMATIVE defenses by defendant Xerox Corp (RH) (Entered: 09/21/2001)

2001-09-17

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SECOND amended stipulated scheduling order by Judge Denise Page Hood and setting deadline for amended answers for 10/8/01, setting deadline for fact witness list for 2/1/02, setting settlement conference for 2:00 4/15/02 to 4/18/02 (see order), setting deadline for expert witness list for 4/22/02, setting deadline for fact discovery for 5/22/02, setting deadline for filing dispositive motions for 12/20/02, setting deadline for final pretrial order for 10/29/03, setting final pretrial conference for 2:00 11/10/03, setting civil jury trial 9:00 12/2/03 (see order in 00-72773 for additional dates) (LS) (Entered: 10/25/2001)

2001-09-21

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ANSWER by plaintiffs Kathleen Kirsch and Jerry Kirsch to amended counterclaim by Xerox Corp [20-1] with proof of mailing (DT) (Entered: 09/26/2001)

2001-09-25

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FIRST AMENDED answer by intervenor-defendant Samsung Electronics to amended complaint by Jerry Kirsch [9-1]; jury demand with proof of mailing (ew) (Entered: 10/09/2001)

2001-10-05

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JOINT EXPARTE motion by Xerox Corp and Samsung Electronics to file an opening Markman brief of 53 pages with brief and proof of mailing (see document 38 in 00-72773) (jg)

2001-11-06

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ORDER by Judge Denise Page Hood granting motion to file an opening Markman brief of 53 pages by Samsung Electronics, Xerox Corp [0-1] (see document 40 in 00-72773) [EOD Date 11/19/01] (jg)

2001-11-15

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MOTION by plaintiffs to amend scheduling order with brief, attachments "A" thru "E", proof of mailing and notice of hearing (lh) (Entered: 01/08/2002)

2002-01-07

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EXPARTE motion by Samsung Electronics, Xerox Corp to file a joint reply Markman brief of 20 pages with brief and proof of mailing (see 00-72773 #41) (LS)

2002-01-09

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NOTIFICATION by Xerox Corp, Samsung Electronics of withdrawing motion to file a joint reply Markman brief of 20 pages by Xerox Corp, Samsung Electronics [0-1] (see 00-72773 #42) (LS)

2002-01-10

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RESPONSE by defendant Xerox Corp to motion to amend scheduling order by Jerry Kirsch, Kathleen Kirsch [24-1] with attachments 1 & 2, and proof of mailing. (PP) (Entered: 01/25/2002)

2002-01-23

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ORDER by Judge Denise Page Hood with stipulation to amend second amended stipulated scheduling order extending the deadline to January 21, 2002 for plaintiffs to serve Samsung with any additional claim charts pursuant to Northern District of California Local Rule 16-9(a) [EOD Date: 1/28/02] (kb) (Entered: 01/28/2002)

2002-01-25

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ORDER by Judge Denise Page Hood granting motion to file a joint reply Markman brief of 20 pages by Xerox Corp and Samsung Electronics (see document 46 in 00-72773) [EOD Date 1/31/02] (dp)

2002-01-30

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ORDER by Judge Denise Page Hood with stipulation extending deadline for identifying fact witnesses (see document 47 in 00-72773) [EOD Date: 2/12/02] (dp)

2002-02-08

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WITNESS list by plaintiffs with proof of mailing (ew) (Entered: 03/04/2002)

2002-03-01

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WITNESS list by Canon U.S.A.; with proof of mailing (see document 48 in 00-72773) (dp)

2002-03-01

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AMENDED proof of service by defendant of defendants' joint motion to amend the second amended stipulated scheduling order (document 50 in 00-72773) by mail (see document 52 in 00-72773) (jg)

2002-03-22

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JOINT EXPARTE motion by defendant for immediate consideration of defendants' joint motion to amend the second amended stipulated scheduling order with brief and proof of mailing (see document 51 in 00-72773) (jg)

2002-03-22

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NOTICE by Judge Hood's chambers of setting hearing on defendants' joint motions to amend and for immediate consideration of defendants' joint motion to amend the second amended stipulated scheduling order ([50-1][51-1] in 00-72773) for 2:00 on 4/24/02 ; proof of mailing (see document 53 in 00-72773) (jg)

2002-03-23

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PROOF of service by Bodman, Longley of letter to Judge Hood requesting a decision on the pending joint motion to amend scheduling order by mail (see document 55 in 00-72773) (jg)

2002-04-03

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MOTION by plaintiff Kathleen Kirsch, plaintiff Jerry Kirsch to amend scheduling order to allow additional time to file claim charts only, with brief, exhibits A-G and proof of mailing. (RH) (Entered: 04/08/2002)

2002-04-05

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REPLY by defendant to response to defendants' joint motion to amend the second amended stipulated scheduling order; with attachment A and proof of mailing (see document 57 in 00-72773) (dp)

2002-04-09

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ORDER by Judge Denise Page Hood with stipulation, dismissing action against Samsung Electronics Co., Ltd. [EOD Date: 4/12/02] (RH) Modified on 04/12/2002 (Entered: 04/12/2002)

2002-04-11

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PROOF of service of [29-1], [29-2] by mail (lh) (Entered: 04/16/2002)

2002-04-16

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WITNESS list by plaintiff regarding liability issues (ew) (Entered: 04/23/2002)

2002-04-22

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STATEMENT by Kathleen Kirsch and Jerry Kirsch of supplemental authority in support of plaintiffs' claim construction statement; with exhibit A and proof of service (see document 59 in 00-72773) [EOD Date: 8/8/02] (jg)

2002-08-07

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ANSWER by defendant Xerox Corp to statement by Kathleen Kirsch, Jerry Kirsch, Jerry Kirsch, Jerry Kirsch, Jerry Kirsch [0-1] (PP) (Entered: 08/22/2002)

2002-08-20

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RESPONSE by defendants to plaintiffs' statement of supplemental authority in support of their claim construction statement [0-1]; proof of service (See document 60 in 00-72773) (jg) Modified on 08/22/2002

2002-08-20

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MOTION by defendant Xerox Corp for summary judgment regarding, with exhibits A-G, 1-7 and proof of service. (RH). (Entered: 10/21/2002)

2002-10-18

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EX-PARTE order by Judge Denise Page Hood allowing thomas P. Bruetsch to bring audio/visual equipment into the courthouse (see document 61 in 00-72773) [EOD Date 10/24/02] (jg)

2002-10-23

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BRIEF in response by plaintiff to motion for summary judgment regarding by Xerox Corp [33-1] with attachments A-D, and proof of service. (PP) (Entered: 12/23/2002)

2002-12-19

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REPLY brief by defendant Xerox Corp to response to motion for summary judgment regarding by Xerox Corp [33-1] with attachment 1, proof of service (dh) (Entered: 01/21/2003)

2003-01-16

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ORDER by Judge Denise Page Hood GRANTING IN PART motion for immediate consideration of defendants' joint motion to the second amended stipulated scheduling order by Xerox Corp [0-1] [EOD Date 4/1/03] (RH) (Entered: 04/01/2003)

2003-03-31

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Minute Entry -Status Conference held on 11/22/2004 before Honorable Denise Page Hood. (BLew, )

2004-11-22

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SCHEDULING ORDER: All motions for summary judgment set for 1/7/2005; All responses to motions for summary judgment set for 2/7/2005; All replies to responses set for 2/22/2005; Oral arguments on all pending motions set for 3/9/2005 @ 2:00 p.m. and 4/6/2005 at 2:30 p.m. Signed by Honorable Denise Page Hood. (Refer to image for additional dates)(BLew, ) (Entered: 12/02/2004)

2004-12-02

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Joint MOTION for Summary Judgment of Non-Infringement by all defendants. (Attachments: # 1 Index of Exhibits List of Exhibits# 2 Exhibit Declaration of Kathleen Rheintgen# 3 Exhibit Exhibit 1 to Rheintgen Declaration# 4 Exhibit Exhibit 2 to Rheintgen Declaration# 5 Exhibit Exhibit 3 to Rheintgen Declaration# 6 Exhibit Exhibit 4 to Rheintgen Declaration# 7 Exhibit Exhibit 5 to Rheintgen Declaration# 8 Exhibit Exhibit 6 to Rheintgen Declaration# 9 Exhibit Exhibit 7 to Rheintgen Declaration)(Levasseur, Dennis) (Entered: 01/07/2005)

2005-01-07

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CERTIFICATE OF SERVICE by Xerox Corporation regarding order granting defendants' leave to file brief in excess of 20 pages. (Levasseur, Dennis) (Entered: 01/12/2005)

2005-01-12

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RESPONSE to 38 Joint MOTION for Summary Judgment of Non-Infringement filed by Jerry Kirsch, Jerry Kirsch, Jerry Kirsch, Jerry Kirsch, Kathleen Kirsch. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Schehr, Thomas) (Entered: 02/07/2005)

2005-02-07

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Ex Parte MOTION for Leave to File Excess Pages Joint Reply Memorandum in Support of Motion for Summary Judgment of Non-Infringement by Xerox Corporation. (Levasseur, Dennis) (Entered: 02/22/2005)

2005-02-22

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REPLY to Response re 38 Joint MOTION for Summary Judgment of Non-Infringement filed by Xerox Corporation. (Levasseur, Dennis) (Entered: 02/22/2005)

2005-02-22

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MOTION for Leave to File Sur-Reply Brief by all plaintiffs. (Schehr, Thomas) (Entered: 03/04/2005)

2005-03-04

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SUR-REPLY re 38 Joint MOTION for Summary Judgment of Non-Infringement, 43 MOTION for Leave to File Sur-Reply Brief filed by all plaintiffs. (Attachments: # 1 Exhibit)(Schehr, Thomas) (Entered: 03/04/2005)

2005-03-04

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ORDER denying 38 Motion for Summary Judgment, granting 41 Motion for Leave to File Excess Pages, granting 43 Motion for Leave to File- Signed by Honorable Denise Page Hood. (BLew, )

2005-09-21

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Minute Entry - before Honorable Denise Page Hood. Final Pretrial Conference set for 10/24/2005 02:00 PM before Honorable Denise Page Hood. (BLew, )

2005-09-21

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MOTION for Summary Judgment Defendant Xerox Corporation's Motion to Confirm Reinstatement of Its October 18, 2002 Motion for Summary Judgment by Xerox Corporation, Xerox Corporation, Xerox Corporation, Xerox Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit 1 Transcript of Motion Hearing held March 9, 2005)(Huget, J.) (Entered: 09/30/2005)

2005-09-30

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RESPONSE to 46 MOTION for Summary Judgment Defendant Xerox Corporation's Motion to Confirm Reinstatement of Its October 18, 2002 Motion for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit 1 - 9/21/05 Memorandum Opinion and Order# 3 Exhibit 2 - 12/2/04 Scheduling Order# 4 Exhibit 3 - Unpublished Opinion in In re: Northwest Airlines Corp., et al, Antitrust Litigation, 2005 WL 1981304 (E.D. Mich.))(Schehr, Thomas) (Entered: 10/14/2005)

2005-10-14

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CERTIFICATE OF SERVICE by Jerry Kirsch, Kathleen Kirsch re 47 Response to Motion, (Amended Certificate of Service). (Schehr, Thomas) (Entered: 10/14/2005)

2005-10-14

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NOTICE of Appearance by Deborah J. Swedlow on behalf of Xerox Corporation, Xerox Corporation, Xerox Corporation, Xerox Corporation. (Swedlow, Deborah) (Entered: 10/17/2005)

2005-10-17

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REPLY to Response re 46 MOTION for Summary Judgment Defendant Xerox Corporation's Motion to Confirm Reinstatement of Its October 18, 2002 Motion for Summary Judgment filed by Xerox Corporation, Xerox Corporation, Xerox Corporation, Xerox Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Declaration of Robert B. Breisblatt)(Swedlow, Deborah) (Entered: 10/20/2005)

2005-10-20

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Minute Entry -Status Conference held on 10/24/2005 before Honorable Denise Page Hood. (BLew, )

2005-10-24

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SCHEDULING ORDER: Final Pretrial Conference set for 12/11/2006 02:00 PM before Honorable Denise Page Hood. Signed by Honorable Denise Page Hood. (Refer to image for additional dates)(BLew, ) (Entered: 01/06/2006)

2006-01-06

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MOTION to Compel by Jerry Kirsch, Kathleen Kirsch. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Chart of Missing Documentation# 3 Exhibit 2 - U.S. Patent No. 4,816,911# 4 Exhibit 3 - Stipulated Scheduling Order (12/14/00)# 5 Exhibit 4 - Plaintiffs' First Set of Interrogatories Nos. 1-11# 6 Exhibit 5 - Plaintiffs' First Request for Production of Documents and Things# 7 Exhibit 6 - Plaintiffs' Supplemental Interrogatory Regarding Fact Witnesses# 8 Exhibit 7 - Plaintiffs' January 2006 Discovery Directed to Xerox Corporation# 9 Exhibit 8 - Correspondence from 10/8/01, 1/2/02, 3/7/02, 3/18/02, 5/17/02, and 2/18/05# 10 Exhibit 9 - Correspondence from 11/30/05# 11 Exhibit 10 - 11/29/04 Correspondence from Plaintiffs' counsel to Xerox's counsel# 12 Exhibit 11 - 12/6/04 Correspondence from Xerox's counsel to Plaintiffs' counsel# 13 Exhibit 12 - 12/15/06 Correspondence from Plaintiffs' counsel to all defense counsel# 14 Exhibit 13 - 1/5/06 Correspondence from Plaintiffs' counsel to Xerox's counsel# 15 Exhibit 14 - 5/23/06 Correspondence from Xerox's counsel to Plaintiffs' counsel# 16 Exhibit 15 - 5/8/06 Correspondence from Plaintiffs' counsel to Xerox's counsel# 17 Exhibit 16 - Plaintiffs' 4/24/02 Deposition Notice to Xerox# 18 Exhibit 17 - 2/24/06 Correspondence from Plaintiffs' counsel to Xerox's counsel)(Brown, Lisa) (Entered: 06/07/2006)

2006-06-07

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NOTICE of hearing on 52 MOTION to Compel. Motion Hearing set for 7/12/2006 03:30 PM before Honorable Denise Page Hood. (BLew, ) (Entered: 06/12/2006)

2006-06-12

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RESPONSE to 52 MOTION to Compel filed by Xerox Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Memorandum Opinion and Order# 3 Exhibit 2 - Stipulated Scheduling Order# 4 Exhibit 3 - Second Amended Stipulated Scheduling Order# 5 Exhibit 4 - Table of Documents Produced# 6 Exhibit 5 - Northern District of California Local Rule 16-6 Disclosures and Pretrial Proceedings in Patent Cases# 7 Exhibit 6 - Correspondence from Thomas M. Schehr# 8 Exhibit 7 - Scheduling Order# 9 Exhibit 8 - Correspondence from Robert B. Briesblatt# 10 Exhibit 9 - Correspondence from William F. Kolakowski III# 11 Exhibit 10 - Correspondence from Robert B. Briesblatt# 12 Exhibit 11 - Correspondence from Robert B. Briesblatt# 13 Exhibit 12 - Correspondence from Thomas M. Schehr# 14 Exhibit 13 - Correspondence from Robert B. Briesblatt# 15 Exhibit 14 - Correspondence from Joseph C. Basta# 16 Exhibit 15 - Correspondence from Robert B. Briesblatt# 17 Exhibit 16 - Correspondence from Joseph C. Basta# 18 Exhibit 17 - Correspondence from Joseph C. Basta# 19 Exhibit 18 - Correspondence from Robert B. Briesblatt# 20 Exhibit 19 - Correspondence from Robert B. Briesblatt# 21 Exhibit 20 - Correspondence from Joseph C. Basta# 22 Exhibit 21 - Correspondence from Robert B. Briesblatt# 23 Exhibit 22 - Correspondence from Jeffrey L. Doyle# 24 Exhibit 23 - Correspondence from Robert B. Briesblatt# 25 Exhibit 24 - Correspondence from Robert B. Briesblatt and Joseph C. Basta# 26 Exhibit 25 - Correspondence from Robert B. Briesblatt# 27 Exhibit 26 - Correspondence from, Thomas M. Schehr# 28 Exhibit 27 - Correspondence from Lisa A. Brown# 29 Exhibit 28 - Correspondence from Robert B. Briesblatt# 30 Exhibit 29 - Memorandum Opinion and Order)(Swedlow, Deborah) (Entered: 06/26/2006)

2006-06-26

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REPLY to Response re 52 MOTION to Compel filed by Jerry Kirsch, Kathleen Kirsch. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - List of Xerox Missing Documentation (Revised)# 3 Exhibit 2 - 6/16/06 Letter from Lisa Brown to Robert Breisblatt# 4 Exhibit 3 - 6/20/06 Letter from Lisa Brown to Robert Breisblatt)(Brown, Lisa) (Entered: 07/06/2006)

2006-07-06

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Minute Entry -Motion Hearing held on 7/20/2006 re 52 MOTION to Compel filed by Jerry Kirsch,, Kathleen Kirsch, before Honorable Denise Page Hood. Disposition: GRANTED(Court Reporter C. Warren-Daniel) (BLew, )

2006-07-20

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(FILING ERROR: ATTORNEY REPRESENTS PLAINTIFFS, SHOULD BE NOTICE OF WITHRDRAWAL) NOTICE of Change of Attorney Information by Robert L. Kelly on behalf of Xerox Corporation. (Kelly, Robert) Modified on 7/31/2006 (LHack, ). Modified on 8/2/2006 (KClark, ). (Entered: 07/28/2006)

2006-07-28

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Fact and Expert (Regarding Damages) WITNESS LIST by Jerry Kirsch, Jerry Kirsch(Individually ans as Co-Trustee of the Jerry Kirsch Living Trust), Kathleen Kirsch (Brown, Lisa) (Entered: 07/31/2006)

2006-07-31

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NOTICE TO APPEAR: Status Conference set for 9/18/2006 04:00 PM before Honorable Denise Page Hood. (BLew, ) (Entered: 08/31/2006)

2006-08-31

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NOTICE TO APPEAR: Status Conference set for 9/26/2006 04:30 PM before Honorable Denise Page Hood. (BLew, ) (Entered: 09/11/2006)

2006-09-11

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ORDER granting 46 Motion to Confirm Reinstatement of its Motion Summary Judgment- Signed by Honorable Denise Page Hood. (BLew, ) (Entered: 09/28/2006)

2006-09-28

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Minute Entry -Telephone Conference held on 10/26/2006 before Honorable Denise Page Hood. (BLew, )

2006-10-26

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NOTICE of Change of Attorney Information by Robert L. Kelly on behalf of Jerry Kirsch s/Robert L. Kelly. (Kelly, Robert) (Entered: 11/01/2006)

2006-11-01

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SCHEDULING ORDER: Final Pretrial Conference set for 8/27/2007 02:30 PM before Honorable Denise Page Hood. Status Conference/Preliminary Final pretrial Conference set for 7/9/2007 02:30 PM before Honorable Denise Page Hood. Signed by Honorable Denise Page Hood. (Refer to image for additional dates)(BLew, ) (Entered: 11/08/2006)

2006-11-08

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Expert WITNESS LIST by Jerry Kirsch, Kathleen Kirsch (Brown, Lisa) (Entered: 11/30/2006)

2006-11-30

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MOTION Plaintiffs' Motion for Permission to Move to Compel Defendants to Produce Damages Discovery and to Supplement Discovery Responses by Jerry Kirsch. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit A: 11/3/06 Letter to Judge Hood from Tom Schehr# 3 Exhibit B: 11/16/06 Letter to Judge Hood from Tom Schehr# 4 Exhibit C: 2/8/07 Letter to Judge Hood from Tom Schehr# 5 Exhibit D: 2/20/07 Letter to Lisa Brown from Kathleen Rheintgen) (Schehr, Thomas) (Entered: 02/23/2007)

2007-02-23

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RESPONSE to 64 MOTION Plaintiffs' Motion for Permission to Move to Compel Defendants to Produce Damages Discovery and to Supplement Discovery Responses filed by Xerox Corporation. (Attachments: # 1 Index of Exhibits # 2 Index of Exhibits 1 - November 27, 2006 letter# 3 Exhibit 2 - Table of Damage Documents# 4 Exhibit 3 - January 18, 2007 Correspondence# 5 Exhibit 4 - October 25, 2006 Correspondence# 6 Exhibit 5 - Xeroxs June 26, 2006 Memorandum of Law in Opposition# 7 Exhibit 6 - July 12, 2006 Hearing Transcript) (Swedlow, Deborah) (Entered: 03/09/2007)

2007-03-09

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ORDER finding as moot 52 Motion to Compel. Signed by Honorable Denise Page Hood. (BLew) (Entered: 03/27/2007)

2007-03-27

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STIPULATION AND ORDER Adjourning Cerain Dates re 62 Fourth Scheduling Order, Signed by Honorable Denise Page Hood. (BLew) (Entered: 04/03/2007)

2007-04-03

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STATEMENT of SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANT XEROX CORPORATIONS MOTION FOR SUMMARY JUDGMENT REGARDING INVALIDITY OF THE 911 PATENT by Xerox Corporation (Swedlow, Deborah) (Entered: 05/29/2007)

2007-05-29

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AMENDED STATEMENT of SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANT XEROX CORPORATIONS MOTION FOR SUMMARY JUDGMENT REGARDING INVALIDITY OF THE 911 PATENT by Xerox Corporation (Attachments: # 1 Index of Exhibits # 2 Exhibit A - KSR v. Teleflex Inc.) (Swedlow, Deborah) (Entered: 05/29/2007)

2007-05-29

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RESPONSE to Defendant Xerox Corporation's Amended Statement of Supplemental Authority in Support of Defendant Xerox Corporation's Motion for Summary Judgment Regarding Invalidity of the '911 Patent filed by all plaintiffs. (Brown, Lisa) (Entered: 06/11/2007)

2007-06-11

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SUPPLEMENTAL BRIEF re 70 Response to Motion, DEFENDANT XEROX CORPORATIONS REPLY TO PLAINTIFFS RESPONSE TO AMENDED STATEMENT OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANT XEROX CORPORATIONS MOTION FOR SUMMARY JUDGMENT REGARDING INVALIDITY OF THE 911 PATENT filed by Xerox Corporation. (Swedlow, Deborah) (Entered: 06/19/2007)

2007-06-19

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Minute Entry -Motion Hearing held on 7/27/2007 re 64 MOTION Plaintiffs' Motion for Permission to Move to Compel Defendants to Produce Damages Discovery and to Supplement Discovery Responses filed by Jerry Kirsch before Honorable Denise Page Hood. Disposition: Granted In Part & Taken Under Advisement in Part(Court Reporter C. Warren-Daniel) (BLew)

2007-07-27

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Minute Entry -Status Conference held on 7/27/2007 before Honorable Denise Page Hood. (BLew)

2007-07-27

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NOTICE TO APPEAR: Status Conference set for 9/11/2007 02:30 PM before Honorable Denise Page Hood (BLew) (Entered: 07/30/2007)

2007-07-30

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TRANSCRIPT of hearing on motion for permission to move to compel defendants to produce damages discovery and to supplement discovery responses held on 07/27/07. (Court Reporter: Cheryl E. Daniel) (Number of Pages: 50) (DPer) (Entered: 08/17/2007)

2007-08-16

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ORDER granting in part and denying in part 64 Motion Compel Defendants to Produce Damages Discovery. Signed by Honorable Denise Page Hood. (BLew)

2007-09-11

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Minute Entry -Status Conference held on 9/11/2007 before Honorable Denise Page Hood. (Court Reporter C. Warren-Daniel) (BLew)

2007-09-11

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Minute Entry -Set Deadlines/Hearings: before Honorable Denise Page Hood. Telephonic Status Conference set for 9/27/2007 03:45 PM before Honorable Denise Page Hood(Court Reporter C. Warren-Daniel) (BLew)

2007-09-11

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SCHEDULING ORDER: Motion for Summary Judgment on the Wilfulness Claim Cut-off set for 3/28/08; Supplementation of Motion for Summary Judgment on the obviousness issue Cut-off set for 3/28/08;Motion for Summary Judgment on Convoid Damages Cut-off set for 3/28/08; Oral arguments on all Motions set for 5/14/2008 at 2:30 p.m.; Status Conference set for 10/20/08 at 3:00 p.m. Signed by Honorable Denise Page Hood. (Refer to image for additional dates) (BLew) (Entered: 03/06/2008)

2008-03-06

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SUPPLEMENTAL BRIEF re 33 Motion for Summary Judgment Defendant Xerox Coporation's Supplemental Brief in Support of Motion for For Summary Judgment Regarding Invalididty of the '911 Patent filed by Xerox Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Declaration of Dr. Thomas G. Xydis, # 3 Exhibit B. Report of Dr. Thomas G. Xydis in Response to the Expert Report of Charles Jacobson, # 4 Exhibit C. Deposition of Charles Jacobson dated March 23, 2007; pages 137, 138 and 153, # 5 Exhibit D. Deposition of Charles Jacobson dated February 21, 2006; pages 27, 28 and 59-62, # 6 Exhibit E. Deposition of Charles Jacobson dated July 19, 2006; page 143, # 7 Exhibit F. Testimony of Jerry Kirsch taken May 7, 2002; pages 20 and 21, # 8 Exhibit G. Deposition of Hank Magnuski, Ph. D. dated August 31, 2006) (Huget, J.) (Entered: 03/28/2008)

2008-03-28

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Joint MOTION for Summary Judgment by Canon USA, Inc. and by Xerox Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Part 1) (Krause, Robert) (Entered: 03/28/2008)

2008-03-28

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EXHIBIT A Continued re 77 Joint MOTION for Summary Judgment by Canon USA, Inc. and by Xerox Corporation (Attachments: # 1 Document Continuation Exhibit A-Part 3, # 2 Document Continuation Exhibit A-Part 4, # 3 Document Continuation Exhibit A-Part 5, # 4 Document Continuation Exhibit A-Part 6) (Krause, Robert) (Entered: 03/28/2008)

2008-03-28

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EXHIBIT A Continued re 77 Joint MOTION for Summary Judgment by Canon USA, Inc. and, 78 Exhibit, by Xerox Corporation (Attachments: # 1 Document Continuation Exhibit A-Part 8, # 2 Document Continuation Exhibit A-Part 9) (Krause, Robert) (Entered: 03/28/2008)

2008-03-28

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Joint MOTION for Summary Judgment by Canon USA, Inc. and by Xerox Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Razzano Declaration (Part 1), # 3 Document Continuation Exhibit A-Razzano Declaration (Part 2), # 4 Document Continuation Exhibit A-Razzano Declaration (Part 3), # 5 Document Continuation Exhibit A-Razzano Declaration (Part 4), # 6 Document Continuation Exhibit A--Razzano Declaration (Part 5), # 7 Exhibit B-Rheintgen Declaration) (Krause, Robert) (Entered: 03/28/2008)

2008-03-28

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NOTICE of hearing on 77 Joint MOTION for Summary Judgment by Canon USA, Inc. and, 80 Joint MOTION for Summary Judgment by Canon USA, Inc. and. Motion Hearing set for 6/11/2008 02:00 PM before District Judge Denise Page Hood. (BLew) (Entered: 03/31/2008)

2008-03-31

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NOTICE of Correction re 81 Notice of Hearing on Motion,. (BLew) (Entered: 04/02/2008)

2008-04-02

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RESPONSE to 80 Joint MOTION for Summary Judgment by Canon USA, Inc. and filed by Jerry Kirsch. (Attachments: # 1 Index of Exhibits Index Re: Brief in Response to Def's Motion for Summary Judgment Re: Willful Infringement, # 2 Exhibit 1: 6/5/95 Letter to Xerox from Jerry Kirsh, # 3 Exhibit 2: 6/5/95 Letter to Canon from Jerry Kirsch, # 4 Index of Exhibits 3: 8/16/06 Dep Transcript of Mark Costello, # 5 Exhibit 4: 6/15/95 Email to John Beck from Mark Costello, # 6 Index of Exhibits 5: 7/24/95 Letter to Jerry Kirsch from Mark Costello, # 7 Index of Exhibits 6: Xerox's Objections to Plt's Rule 30(B)(6) Dep Notice Duces Tecum, # 8 Exhibit 7: Xerox's Responses and Objections to Plts' First Request for Production, # 9 Exhibit 8: Canon USA's Responses to Plts' First Request for Production, # 10 Exhibit 9: Canon's Objections to Plts' Rule 30(B)(6) Amended Notice of Dep Duces Tecum, # 11 Index of Exhibits 10: Canon's Supplemental Responses to Plts' January '06 Discovery to Canon and Canon Computer Systems, # 12 Exhibit 11: 9/1/95 Letter to Jerry Kirsch from John O'Brien, # 13 Index of Exhibits 12: 12/14/00 Stipulated Scheduling Order, # 14 Index of Exhibits 13: 1/6/06 Scheduling Order, # 15 Exhibit 14: 4/3/07 Stipulated Order Adjourning Certain Dates, # 16 Exhibit 15: 3/6/08 Scheduling Order) (Schehr, Thomas) (Entered: 04/18/2008)

2008-04-18

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RESPONSE to 77 Joint MOTION for Summary Judgment by Canon USA, Inc. and That Plaintiffs Are Not Entitled to Include the Alleged Convoyed Sales of Ink or Toner Cartridges in any Determination of a Reasonable Royalty filed by Jerry Kirsch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Mark A. Robinson, # 3 Exhibit 2 - U.S. Patent 4,816,911 ('911 Patent), # 4 Exhibit 3 - Plaintiffs' Amended Complaint, # 5 Exhibit 4 - Plaintiffs' Second Set of Discovery Requests Regarding Damages to Canon and to Xerox, # 6 Exhibit 5 - Canon's Response to Plaintiffs' Second Set of Discovery Requests Regarding Damages, # 7 Exhibit 6 - November 3, 2006 Letter to Hon. Denise Page Hood from Thomas M. Schehr, # 8 Exhibit 7 - November 8, 2006 Fourth Scheduling Order, # 9 Exhibit 8 - November 16, 2006 Letter to Hon. Denise Page Hood from Thomas M. Schehr, # 10 Exhibit 9 - February 8, 2007 Letter to Hon. Denise Page Hood from Thomas M. Schehr, # 11 Exhibit 10 - Plaintiffs' Motion for Permission to Move to Compel Defendants to Produce Damages Discovery and to Supplement Discovery Responses (without exhibits), # 12 Exhibit 11 - August 13, 2007 Letter to Hon. Denise Page Hood from Thomas M. Schehr, # 13 Exhibit 12 - September 11, 2007 Order Re: Motions for Permission to Move to Compel Defendants to Produce Damages Discovery and to Supplement Discovery Responses, # 14 Exhibit 13 - March 6, 2008 Fifth Amended Scheduling Order, # 15 Exhibit 14 - Cornell Research Foundation v. Hewlett-Packard Co., 2007 WL 4349135, at *59 (N.D.N.Y. Jan. 31, 2007), # 16 Exhibit 15 - Heidelberger Druckmaschinen AG v. Hantscho Comm. Prods., Inc., 1995 WL 693170 (S.D.N.Y. Nov. 22, 1995)) (Brown, Lisa) (Entered: 04/18/2008)

2008-04-18

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SUPPLEMENTAL BRIEF re 76 Supplemental Brief,,, Plaintiffs' Brief in Response to Defendant Xerox Corporation's Supplemental Brief in Support of Motion for Summary Judgment Regarding Invalidity of the '911 Patent filed by Jerry Kirsch, Kathleen Kirsch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. U.S. Patent No. 4,816,911, # 3 Exhibit B. Photograph of Circuit Board, # 4 Exhibit C. Deposition of Jerry Kirsch dated May 7, 2002; pages 34-37, # 5 Exhibit D. Deposition of Charles Jacobson dated March 23, 2007; pages 137 and 138, # 6 Exhibit E. Rebuttal Report of Dr. William R. Michalson in Response to the Supplemental Expert Report of Charles Jacobson on Invalidity: Mini PBX Systems, dated January 31, 2007 (excluding exhibits), # 7 Exhibit F. Deposition of Hank Magnuski dated August 31, 2006; pages 53 and 80, # 8 Exhibit G. Rebuttal Report of Dr. William R. Michalson in Response to the Supplemental Expert Report of James K. Roberge, dated January 31, 2007 (excluding exhibits), # 9 Exhibit H. Declaration of Dr. Thomas G. Xydis, dated December 19, 2002, # 10 Exhibit I. Document Entitled Xerox Facsimile Systems (Bates Nos. X0010470-74), # 11 Exhibit J. Document Entitled Telecopier 495/495-I Training Program; Page 7-10 (Bates No. D001440), # 12 Exhibit K. Declaration of Dr. Thomas G. Xydis, dated February 7, 2005 (excluding exhibits), # 13 Exhibit L. Computer World Article (Bates No. X0010449), # 14 Exhibit M. Expert Report of Dr. William R. Michalson, dated January 5, 2007 (excluding exhibits), # 15 Exhibit N. Expert Report of Charles Jacobson, dated April 17, 2006 (excluding exhibits), # 16 Exhibit O. Rule 26(a) Report of Dr. Thomas G. Xydis, dated April 24, 2006 (excluding exhibits), # 17 Exhibit P. Rebuttal Report of Charles Jacobson, dated June 9, 2006 (excluding exhibits)) (Basta, Joseph) (Entered: 04/18/2008)

2008-04-18

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Sealed Matter. Pages to responses to motions filed by plaintiff. (KGeh) (Entered: 04/22/2008)

2008-04-21

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REPLY to Response re 80 Joint MOTION for Summary Judgment by Canon USA, Inc. and Xerox Corporation's Reply Brief in Support of Its Motion for Summary Judgment Regarding Invalidity of the '911 Patent filed by Xerox Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Deposition of Robert John Tindall dated May 9, 2002, # 3 Exhibit 2. Deposition of Jerry Kirsch dated May 7, 2002, # 4 Exhibit 3. Deposition of Jerry Kirsch dated May 8, 2002) (Huget, J.) (Entered: 05/02/2008)

2008-05-02

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REPLY to Response re 80 Joint MOTION for Summary Judgment by Canon USA, Inc. and filed by Xerox Corporation. (Krause, Robert) (Entered: 05/02/2008)

2008-05-02

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REPLY to Response re 77 Joint MOTION for Summary Judgment by Canon USA, Inc. and filed by Xerox Corporation. (Krause, Robert) (Entered: 05/02/2008)

2008-05-02

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NOTICE TO APPEAR: Status Conference set for 11/4/2008 02:00 PM before District Judge Denise Page Hood (Ware, L.) (Entered: 10/16/2008)

2008-10-16

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MEMORANDUM OPINION AND ORDER granting 77 Joint Motion for Summary Judgment on the willful infringement claim; granting 80 Joint Motion for Summary Judgment on the convoyed sales claim and Granting 33 Motion for Summary Judgment and that case is dismissed. Signed by District Judge Denise Page Hood. (LHac) (Entered: 03/31/2009)

2009-03-27

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JUDGMENT Signed by District Judge Denise Page Hood. (LHac) (Entered: 03/31/2009)

2009-03-27

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MOTION for Reconsideration re 91 Order on Motion for Summary Judgment,,, by Jerry Kirsch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Basta, Joseph) (Entered: 04/14/2009)

2009-04-14

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ORDER denying 93 Motion for Reconsideration. Signed by District Judge Denise Page Hood. (BLew) (Entered: 09/30/2009)

2009-09-30

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Overview

Parties

Defendant

Xerox Corporation Follow

Represented By

Plaintiff

Kathleen Kirsch Follow

Represented By

Jerry Kirsch Follow

Represented By

Intervenor Defendant

Samsung Electronics Company, Limited Follow

Represented By

Third Party Defendant

NEC USA, Incorporated Follow

Represented By

Danka Office Imaging Company Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT with jury demand and exhibit "A" - Receipt # 401096 - Date Fee Received: 6/20/00 (lh) (Entered: 06/22/2000)

REPORT sent to Washington (lh)

ORDER reassigning case from Judge Gerald E. Rosen to Judge Denise Page Hood - Reason: companion case to 98-72813 (ew) (Entered: 08/10/2000)

COUNTERCLAIM by defendant Xerox Corp against plaintiff Jerry Kirsch with proof of mailing (ls) (Entered: 08/16/2000)

NOTICE by the court of setting scheduling conference for 11:00 on 9/7/00 (ls) (Entered: 08/18/2000)

NOTICE canceling 9/7/00 scheduling conference (ew) (Entered: 08/25/2000)

THIRD-PARTY complaint by defendant Xerox Corp against Danka Off Imaging Co, NEC USA Inc, Samsung Electronics; jury demand, with attachment A. (PP) (Entered: 08/29/2000)

ANSWER by plaintiff Jerry Kirsch to counter claim by Xerox Corp [3-1] (dh) (Entered: 09/06/2000)

SUMMONS returned executed by certified mail on 7/6/00 - answer due 7/26/00 for Xerox Corp (lh) (Entered: 09/11/2000)

FIRST AMENDED complaint by plaintiff adding Kathleen Kirsch with jury demand and exhibits (ew) (Entered: 11/08/2000)

PROOF of mailing by plaintiffs Jerry Kirsch and Kathleen Kirsch of first amended complaint for patent infringement and jury demand (dp) (Entered: 11/13/2000)

AFFIRMATIVE defenses by defendant Xerox Corp with proof of mailing (lh) (Entered: 12/14/2000)

ORDER by Judge Denise Page Hood with stipulation allowing Samsong Electronics Co Ltd to intervene as a defendant in this action [EOD Date: 12/15/00] (lh) (Entered: 12/15/2000)

AFFIRMATIVE defenses by intervenor-defendant Samsung Electronics (PP) (Entered: 12/20/2000)

PROOF of mailing of stipulation and order to allow intervention. (PP) (Entered: 12/21/2000)

ANSWER by plaintiff to counter claim by Xerox Corp [11-1] with proof of mailing (ew) (Entered: 12/27/2000)

STIPULATED PROTECTIVE order by Judge Denise Page Hood [EOD Date: 3/9/01] (DT) (Entered: 03/09/2001)

PROOF of mailing of protective order (ew) (Entered: 03/13/2001)

ORDER by Judge Denise Page Hood with stipulation concerning claim construction statements [EOD Date: 7/12/01] (LS) (Entered: 07/12/2001)

STIPULATED order by Judge Denise Page Hood concerning claim construction statements [EOD Date: 7/26/01] (LS) (Entered: 07/26/2001)

STATUS conference held - Judge Denise Page Hood (bl)

AMENDED AFFIRMATIVE defenses by defendant Xerox Corp (RH) (Entered: 09/21/2001)

ANSWER by plaintiffs Kathleen Kirsch and Jerry Kirsch to amended counterclaim by Xerox Corp [20-1] with proof of mailing (DT) (Entered: 09/26/2001)

FIRST AMENDED answer by intervenor-defendant Samsung Electronics to amended complaint by Jerry Kirsch [9-1]; jury demand with proof of mailing (ew) (Entered: 10/09/2001)

JOINT EXPARTE motion by Xerox Corp and Samsung Electronics to file an opening Markman brief of 53 pages with brief and proof of mailing (see document 38 in 00-72773) (jg)

ORDER by Judge Denise Page Hood granting motion to file an opening Markman brief of 53 pages by Samsung Electronics, Xerox Corp [0-1] (see document 40 in 00-72773) [EOD Date 11/19/01] (jg)

MOTION by plaintiffs to amend scheduling order with brief, attachments "A" thru "E", proof of mailing and notice of hearing (lh) (Entered: 01/08/2002)

EXPARTE motion by Samsung Electronics, Xerox Corp to file a joint reply Markman brief of 20 pages with brief and proof of mailing (see 00-72773 #41) (LS)

NOTIFICATION by Xerox Corp, Samsung Electronics of withdrawing motion to file a joint reply Markman brief of 20 pages by Xerox Corp, Samsung Electronics [0-1] (see 00-72773 #42) (LS)

RESPONSE by defendant Xerox Corp to motion to amend scheduling order by Jerry Kirsch, Kathleen Kirsch [24-1] with attachments 1 & 2, and proof of mailing. (PP) (Entered: 01/25/2002)

ORDER by Judge Denise Page Hood granting motion to file a joint reply Markman brief of 20 pages by Xerox Corp and Samsung Electronics (see document 46 in 00-72773) [EOD Date 1/31/02] (dp)

ORDER by Judge Denise Page Hood with stipulation extending deadline for identifying fact witnesses (see document 47 in 00-72773) [EOD Date: 2/12/02] (dp)

WITNESS list by plaintiffs with proof of mailing (ew) (Entered: 03/04/2002)

WITNESS list by Canon U.S.A.; with proof of mailing (see document 48 in 00-72773) (dp)

AMENDED proof of service by defendant of defendants' joint motion to amend the second amended stipulated scheduling order (document 50 in 00-72773) by mail (see document 52 in 00-72773) (jg)

JOINT EXPARTE motion by defendant for immediate consideration of defendants' joint motion to amend the second amended stipulated scheduling order with brief and proof of mailing (see document 51 in 00-72773) (jg)

PROOF of service by Bodman, Longley of letter to Judge Hood requesting a decision on the pending joint motion to amend scheduling order by mail (see document 55 in 00-72773) (jg)

MOTION by plaintiff Kathleen Kirsch, plaintiff Jerry Kirsch to amend scheduling order to allow additional time to file claim charts only, with brief, exhibits A-G and proof of mailing. (RH) (Entered: 04/08/2002)

REPLY by defendant to response to defendants' joint motion to amend the second amended stipulated scheduling order; with attachment A and proof of mailing (see document 57 in 00-72773) (dp)

ORDER by Judge Denise Page Hood with stipulation, dismissing action against Samsung Electronics Co., Ltd. [EOD Date: 4/12/02] (RH) Modified on 04/12/2002 (Entered: 04/12/2002)

PROOF of service of [29-1], [29-2] by mail (lh) (Entered: 04/16/2002)

WITNESS list by plaintiff regarding liability issues (ew) (Entered: 04/23/2002)

STATEMENT by Kathleen Kirsch and Jerry Kirsch of supplemental authority in support of plaintiffs' claim construction statement; with exhibit A and proof of service (see document 59 in 00-72773) [EOD Date: 8/8/02] (jg)

ANSWER by defendant Xerox Corp to statement by Kathleen Kirsch, Jerry Kirsch, Jerry Kirsch, Jerry Kirsch, Jerry Kirsch [0-1] (PP) (Entered: 08/22/2002)

RESPONSE by defendants to plaintiffs' statement of supplemental authority in support of their claim construction statement [0-1]; proof of service (See document 60 in 00-72773) (jg) Modified on 08/22/2002

MOTION by defendant Xerox Corp for summary judgment regarding, with exhibits A-G, 1-7 and proof of service. (RH). (Entered: 10/21/2002)

EX-PARTE order by Judge Denise Page Hood allowing thomas P. Bruetsch to bring audio/visual equipment into the courthouse (see document 61 in 00-72773) [EOD Date 10/24/02] (jg)

BRIEF in response by plaintiff to motion for summary judgment regarding by Xerox Corp [33-1] with attachments A-D, and proof of service. (PP) (Entered: 12/23/2002)

REPLY brief by defendant Xerox Corp to response to motion for summary judgment regarding by Xerox Corp [33-1] with attachment 1, proof of service (dh) (Entered: 01/21/2003)

ORDER by Judge Denise Page Hood GRANTING IN PART motion for immediate consideration of defendants' joint motion to the second amended stipulated scheduling order by Xerox Corp [0-1] [EOD Date 4/1/03] (RH) (Entered: 04/01/2003)

Minute Entry -Status Conference held on 11/22/2004 before Honorable Denise Page Hood. (BLew, )

CERTIFICATE OF SERVICE by Xerox Corporation regarding order granting defendants' leave to file brief in excess of 20 pages. (Levasseur, Dennis) (Entered: 01/12/2005)

RESPONSE to 38 Joint MOTION for Summary Judgment of Non-Infringement filed by Jerry Kirsch, Jerry Kirsch, Jerry Kirsch, Jerry Kirsch, Kathleen Kirsch. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Schehr, Thomas) (Entered: 02/07/2005)

Ex Parte MOTION for Leave to File Excess Pages Joint Reply Memorandum in Support of Motion for Summary Judgment of Non-Infringement by Xerox Corporation. (Levasseur, Dennis) (Entered: 02/22/2005)

REPLY to Response re 38 Joint MOTION for Summary Judgment of Non-Infringement filed by Xerox Corporation. (Levasseur, Dennis) (Entered: 02/22/2005)

MOTION for Leave to File Sur-Reply Brief by all plaintiffs. (Schehr, Thomas) (Entered: 03/04/2005)

SUR-REPLY re 38 Joint MOTION for Summary Judgment of Non-Infringement, 43 MOTION for Leave to File Sur-Reply Brief filed by all plaintiffs. (Attachments: # 1 Exhibit)(Schehr, Thomas) (Entered: 03/04/2005)

ORDER denying 38 Motion for Summary Judgment, granting 41 Motion for Leave to File Excess Pages, granting 43 Motion for Leave to File- Signed by Honorable Denise Page Hood. (BLew, )

Xerox Corporation

Kathleen Kirsch

Jerry Kirsch

Samsung Electronics Company, Limited

NEC USA, Incorporated

Danka Office Imaging Company