Kothmann Enterprises v. Trinity Industries
4:01-cv-02668
Overview
Case Number
4:01-cv-02668
Filing Date
2001-08-08
Status
Terminated
Termination Date
2006-04-10
Court
District Court, S.D. Texas (txsd)
Presiding Judge
Lee H Rosenthal
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:271 Patent Infringement
Jury Demand
Defendant
Parties
Defendant
Trinity Industries Inc
Represented By
4 Attorneys ListedFoley Gardere
Tel: +1 (713) 276-5791
Fax: +1 (713) 276-6791
Foley Gardere, 1000 Louisiana Street
Ross Joyner PLLC
Tel: +1 (972) 661-9400
Fax: +1 (972) 661-9401
1700 Pacific Avenue, Ste 3750
Plaintiff
Kothmann Enterprises Inc
Represented By
4 Attorneys ListedConley Rose PC
Tel: +1 (713) 237-8331
Fax: +1 (713) 238-8008
575 N. Dairy Ashford Rd, Suite 1102
Susman Godfrey
Tel: +1 (713) 653-7820
Fax: +1 (713) 654-6666
Susman Godfrey, 1000 Louisiana
Conley Rose, P.C.
Tel: +1 (713) 238-8049
Fax: +1 (713) 238-8008
575 N. Dairy Ashford Rd, Suite 1102, Houston, TX 77079-1126
Mouton & Mouton
Tel: +1 (432) 263-7676
Fax: +1 (432) 263-8686
Mouton & Mouton, PO Box 1030
Court & Judges
Court
District Court, S.D. Texas (txsd)
Presiding Judge
Lee H Rosenthal
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT by Kothmann & Kothmann filed; FILING FEE $ 150.00 RECEIPT # 512647 (bchurchill) (Entered: 08/09/2001)
2001-08-08
1
Order setting Initial Pretrial and Scheduling Conference on 8:45 10/26/01 before Judge Lee H. Rosenthal and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 08/09/2001)
2001-08-08
1
MOTION for preliminary injunction by Kothmann & Kothmann, Motion Docket Date 8/28/01 [3-1] motion, filed. (hlerma) (Entered: 08/09/2001)
2001-08-08
1
RETURN OF SERVICE executed as to Trinity Industries 8/9/01 filed Answer due on 8/29/01 for Trinity Industries (ltien) (Entered: 08/20/2001)
2001-08-17
1
ANSWER to Complaint and COUNTERCLAIM by Trinity Industries (Attorney Russell Clay Brown) against Kothmann & Kothmann,filed (hlerma) (Entered: 08/29/2001)
2001-08-29
1
RESPONSE by Trinity Industries in opposition to [3-1] motion for preliminary injunction, filed (in expandix folder) (hlerma) Modified on 08/30/2001 (Entered: 08/29/2001)
2001-08-29
1
UNOPPOSED MOTION for Russell C. Brown to appear pro hac vice by Trinity Industries, Motion Docket Date 9/18/01 [7-1] motion, filed. (hlerma) (Entered: 08/29/2001)
2001-08-29
1
MOTION for leave to file supplemental response to pltf motion for preliminary injunction by Trinity Industries, Motion Docket Date 9/19/01 [8-1] motion, filed. (hlerma) (Entered: 08/31/2001)
2001-08-30
1
ORDER For Admission Pro Hac Vice: granting Deft Trinity Industries, Inc's [7-1] motion for Russell C. Brown to appear pro hac vice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 09/04/2001)
2001-08-31
1
ORDER granting [8-1] motion for leave to file supplemental response to pltf motion for preliminary injunction Response to motion reset to 9/24/01 for [3-1] motion for preliminary injunction, and Motion Docket Date 9/24/01 [3-1] motion for preliminary injunction. Deft may file a supplemental response on or before 9/24/01, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 09/19/2001)
2001-09-18
1
SUPPLEMENTAL RESPONSE by Trinity Industries to Pltf's [3-1] motion for preliminary injunction, filed. (fmremp) (Entered: 09/24/2001)
2001-09-24
1
APPENDIX by Trinity Industries to [11-1] supplemental response to Pltf's [3-1] motion for preliminary injunction, filed. (fmremp) (Entered: 09/24/2001)
2001-09-24
1
UNOPPOSED MOTION for leave to file a Reply to Deft's Response and Supplemental Response in Opposition to Pltf's Motion for a Preliminary Injunction by Pltf Kothmann & Kothmann, Motion Docket Date 10/15/01 [13-1] motion, filed. (fmremp) Modified on 09/27/2001 (Entered: 09/26/2001)
2001-09-25
1
INITIAL DISCLOSURE by Pltf Kothmann & Kothmann, filed. (fmremp) (Entered: 09/26/2001)
2001-09-25
1
ORDER granting Pltf's [13-1] motion for leave to file a Reply to Deft's Response and Supplemental Response in Opposition to Pltf's Motion for a Preliminary Injunction, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 10/01/2001)
2001-09-28
1
ORDER FOR HEARING: A hearing on Pltf's motion for preliminary injunction will be held on 11/15/01 at 10:30 am before Judge Rosenthal, entered, Parties notified ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 10/02/2001)
2001-09-28
1
MOTION for summary judgment by Trinity Industries, Motion Docket Date 11/5/01 [17-1] motion, filed. (hlerma) (Entered: 10/17/2001)
2001-10-16
1
BRIEF by Trinity Industries in support of [17-1] motion for summary judgment, filed. (hlerma) (Entered: 10/17/2001)
2001-10-16
1
APPENDIX by Trinity Industries to [18-1] brief in support of [17-1] motion for summary judgment, filed. (hlerma) (Entered: 10/17/2001)
2001-10-16
1
JOINT DISCOVERY/Case Management Plan by Kothmann & Kothmann, Trinity Industries, filed. (hlerma) (Entered: 10/19/2001)
2001-10-18
1
CERTIFICATE OF INTERESTED PARTIES by Trinity Industries, filed. (hlerma) (Entered: 10/22/2001)
2001-10-19
1
RESPONSE by Kothmann & Kothmann in opposition to [17-1] motion for summary judgment, filed (in expendix folder) (hlerma) (Entered: 11/07/2001)
2001-11-07
1
REVISED UNOPPOSED MOTION to change hearing date by Pltf Kothmann & Kothmann, Motion Docket Date 11/27/01 [23-1] motion, filed. (fmremp) (Entered: 11/08/2001)
2001-11-07
1
UNOPPOSED MOTION for continuance of hrg. on pltf's motion for a preliminary injunction by Kothmann & Kothmann, Motion Docket Date 11/27/01 [25-1] motion, filed. (hlerma) Modified on 11/09/2001 (Entered: 11/09/2001)
2001-11-07
1
ORDER granting [23-1] motion to change hearing date on pltf's revised unopposed motion for a preliminary injunction for 12/18/01 at 9:00 am before Judge Rosenthal, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 11/08/2001)
2001-11-08
1
MOTION for Guy V Manning to appear pro hac vice by Trinity Industries, Motion Docket Date 12/9/01 [26-1] motion, filed. (hlerma) (Entered: 11/24/2001)
2001-11-19
1
ORDER granting Deft's [26-1] motion for Guy V Manning to appear pro hac vice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 11/27/2001)
2001-11-26
1
AGREED MOTION to change hearing date by Kothmann & Kothmann, filed. (amontemayor) (Entered: 12/05/2001)
2001-12-04
1
ORDER granting [28-1] agreed motion to change hearing date Motion hearing set for 9:00 1/25/02 for [3-1] motion for preliminary injunction, Motion Docket Date 9:00 1/25/02 [3-1] motion for preliminary injunction, Response to motion reset to 9:00 1/25/02 for [3-1] motion for preliminary injunction, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 12/10/2001)
2001-12-06
1
REPLY by Trinity Industries in support of [17-1] motion for summary judgment, filed. (hlerma) (Entered: 12/18/2001)
2001-12-17
1
MOTION for continuance of hrg. date on pltf's motion for a preliminary injunction by Kothmann & Kothmann, Motion Docket Date 1/15/02 [31-1] motion, filed. (hlerma) (Entered: 12/31/2001)
2001-12-26
1
ORDER granting [31-1] motion for continuance of hrg. date on pltf's motion for a preliminary injunction Motion hearing set for 9:00 2/28/02 for [3-1] motion for preliminary injunction, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 01/14/2002)
2002-01-13
1
REPLY by Kothmann & Kothmann to Deft's response and supplemental response in opposition to [3-1] motion for preliminary injunction, filed (in expanable folder with cd.rom ) (hlerma) (Entered: 02/27/2002)
2002-02-26
1
UNOPPOSED MOTION for Steven E. Ross to appear pro hac vice by Trinity Industries, Motion Docket Date 3/18/02 [34-1] motion, filed. (hlerma) (Entered: 02/27/2002)
2002-02-26
1
EXPEDITED MOTION for continuance of hrg. on Pltf's motion for preliminary, or, in the alternative to strike pltf's reply and preclude testimony of expert witnesses by Trinity Industries, Motion Docket Date 3/19/02 [35-1] motion, 3/19/02 [35-2] motion, filed. (hlerma) (Entered: 02/28/2002)
2002-02-27
1
NOTICE of submission of Rebuttal Declaration by Trinity Industries, filed (hlerma) (Entered: 03/01/2002)
2002-02-27
1
Minute entry: Telephone Hrg. held held. Apps: Tribble, Rogers, Mouton, Rivera, Brown, Manning and Ross. Granting [35-1] motion for continuance of hrg. on Pltf's motion for preliminary. Preliminary injunction hearing 9:00 4/5/02 before Judge Lee H. Rosenthal Ct Reporter: K. Metzger . (hlerma) (Entered: 03/01/2002)
2002-02-27
1
ORDER granting Trinity's [34-1] motion for Steven E. Ross to appear pro hac vice, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 03/01/2002)
2002-02-28
1
JOINT MOTION for entry of agreed protective order by Kothmann & Kothmann, Trinity Industries, filed (hlerma) (Entered: 03/27/2002)
2002-03-26
1
ORDER granting [39-1] joint motion for entry of agreed protective order, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (hlerma) (Entered: 03/29/2002)
2002-03-28
1
NOTICE of filing/serving expert report of Alan Gordon in support of Pltfs response in opposition to Trinity Industries motion for summary judgment on invalidity, by Kothmann & Kothmann, filed (psmith) (Entered: 04/02/2002)
2002-03-29
1
Witness list by Trinity Industries, filed (hlerma) (Entered: 04/15/2002)
2002-04-05
1
Minute entry: 1st Day of Preliminary Injunction HEARING held. Apps: M Tribble; R Rivera; R Brown; S Ross; G Manning. Exhibits were admitted. Evidence presented. Adjourned until 4/11/02 at 10 am. terminated deadlines Ct Reporter: G Dye . (psmith) (Entered: 04/11/2002)
2002-04-09
1
TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hrg. for dates of 4/5/02 before Judge Rosenthal, filed. ( Court Rptr: G. Gye) (hlerma) (Additional attachment(s) added on 7/22/2008: # 1 Image, # 2 Image 3, # 3 Image 4) (smurdock, ). (Entered: 04/11/2002)
2002-04-10
1
SUPPLEMENTAL MEMORANDUM by Trinity Industries in opposition to Pltf's [3-1] motion for preliminary injunction, filed (hlerma) (Entered: 04/12/2002)
2002-04-11
1
Minute entry: 2nd Day Preliminary Injunction held. Apps: Tribble, Rivera, R. Brown, S. Brown, Ross and Manning. Pltf rests. withdrawing Deft's [17-1] motion for summary judgment as to the Armstron reference. Defts presents evidence. Ct Reporter: G. Dye . Adjourned until 10am., April 12, 2002 (hlerma) Modified on 04/17/2002 (Entered: 04/17/2002)
2002-04-11
1
Designation of Deposition Testimony Kaddo Kothmann - 3/6/02 by Trinity Industries, filed (hlerma) (Entered: 04/15/2002)
2002-04-12
1
Minute entry: 3rd Day Preliminary Injunction held. Apps: Tribble, Rivera, R. Brown, S. Brown and Manning. Ct Reporter: G. Dye . Evidence continued. Adjourned until a time determined by the court. (hlerma) (Entered: 04/17/2002)
2002-04-12
1
TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hearing for dates of 4/11/02 before Judge Rosenthal, filed. ( Court Rptr: Gayle Dye) (Vol. II, Loose in file.) (hlerma) (Additional attachment(s) added on 7/22/2008: # 1 Image 2, # 2 Image 3, # 3 Image 4) (smurdock, ). (Entered: 04/16/2002)
2002-04-15
1
TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hrg. for dates of 4/12/02 Vol. III before Judge Rosenthal, filed. ( Court Rptr: Gayle Dye) (Loose in file.) (hlerma) (Additional attachment(s) added on 7/22/2008: # 1 Image 2) (smurdock, ). (Entered: 04/16/2002)
2002-04-15
1
Minute entry: Telephone conference regarding scheduling issues for day 4 of preliminary injunction held. Apps: Tribble, Brown and Ross. Telephone conference set to continue on 9:00 4/29/02 before Judge Lee H. Rosenthal Ct Reporter: F. Warner . (hlerma) (Entered: 04/26/2002)
2002-04-18
1
MOTION to quash supoena issued by pltf by Trinity Industries, Motion Docket Date 5/12/02 [51-1] motion, filed. (hlerma) (Entered: 04/22/2002)
2002-04-22
1
Minute entry: Telephone Conference held. Apps: Tribble, Rogers, Brown, Manning, and Ross. Denying as moot [51-1] motion to quash supoena issued by pltf Ct Reporter: Fred Warner, Jr. (hlerma) (Entered: 04/29/2002)
2002-04-25
1
Minute entry: 4th Day of Preliminary Injunction HEARING held. Counsel appeared. Evidence completed. Under advisement. Pltf to file findings of fact and conclusions of law by May 9, 2002. Deft has until May 14, 2002 to file their findings of fact and conclusions of law . terminated deadlines Ct Reporter: G Dye . (psmith) (Entered: 05/08/2002)
2002-04-29
1
Exhibit list by Kothmann & Kothmann, filed (psmith) (Entered: 05/08/2002)
2002-04-29
1
Exhibit list by Trinity Industries, filed (psmith) (Entered: 05/08/2002)
2002-04-29
1
TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hearing for dates of 4/29/02 before Judge Rosenthanl, filed. ( Court Rptr: Gayle Dye) (Loose in file.) (hlerma) (Additional attachment(s) added on 7/22/2008: # 1 Image 2, # 2 Image 3, # 3 Image 4) (smurdock, ). (Entered: 05/07/2002)
2002-05-07
1
Proposed FINDINGS OF FACT AND CONCLUSION OF LAW In Support of Preliminary Injunction, by Kothmann & Kothmann, filed. (psmith) (Entered: 05/14/2002)
2002-05-14
1
Proposed FINDINGS OF FACT AND CONCLUSION OF LAW Denying Pltf's Motion for Preliminary Injunction by Trinity Industries, Inc., filed. (hlerma) Modified on 05/21/2002 (Entered: 05/21/2002)
2002-05-20
1
ANSWER by Kothmann & Kothmann to [5-2] counter claim, filed. (hlerma) (Entered: 05/24/2002)
2002-05-22
1
SUPPLEMENTAL RESPONSE with copy of the hrg transcript attached by Kothmann & Kothmann to [17-1] motion for summary judgment, filed. (This document is in brown expandable folder.) (hlerma) (Entered: 06/10/2002)
2002-06-07
1
FINDINGS OF FACT AND CONCLUSIONS OF LAW Denying KKI's Application For Preliminary Injunction, entered ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 09/20/2002)
2002-09-20
1
ORDER: The Court orders the parties to prepare and present to this court a joint proposed scheduling order governing the disposition of the remaining issues in this case by 12/13/02, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 11/26/2002)
2002-11-25
1
NOTICE of filing of joint proposed Scheduling and Docket Control Order by Kothmann & Kothmann, Trinity Industries, filed (amaly) (Entered: 12/16/2002)
2002-12-13
1
FIRST AMENDED COMPLAINT by Kothmann & Kothmann amending [1-1] complaint, filed. (amaly) (Entered: 01/15/2003)
2003-01-14
1
SCHEDULING AND DOCKET CONTROL ORDER setting Mediation deadline 1/29/04 Amending of pleadings 7/10/03 ; Joining of parties 2/16/03 ; Pltf expert witness list submitted by 9/9/03 ; Deft expert witness list submitted by 11/6/03 ; Discovery cutoff 1/29/04 ; Deadline for filing all dispositive motions 2/26/04 ; Deadline for filing non-dispositive motions 4/29/04 ; Pretrial order to be submitted on or before 5/27/04 ; Docket call deadline 8:45 6/4/04 ; before Judge Lee H. Rosenthal, entered. Claim Construction (Markman) hearing set for 7/7/03. See Order for Patent Specific Deadlines. Parties notified. ( Signed by Judge Lee H. Rosenthal ) (amaly) Modified on 01/28/2003 (Entered: 01/28/2003)
2003-01-28
1
UNOPPOSED MOTION to extend time to answer or otherwise respond to pltf's first amended complaint 2/13/03 by Trinity Industries, Motion Docket Date 2/18/03 [67-1] motion, filed. (amaly) (Entered: 01/29/2003)
2003-01-29
1
ORDER granting Deft Trinity's [67-1] motion to extend time to answer or otherwise respond to pltf's first amended complaint is extended to 2/13/03 entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (fmremp) (Entered: 01/31/2003)
2003-01-31
1
FIRST AMENDED COUNTERCLAIM by defendant Trinity Industries : amending [5-2] counter claim, filed. (psmith) (Entered: 02/14/2003)
2003-02-13
1
ANSWER by Kothmann Enterprises to Defts First amended counterclaim: [69-1] amended claim, filed. (psmith) (Entered: 04/04/2003)
2003-04-03
1
JOINT CLAIM Construction and Prehearing STATEMENT, by Kothmann Enterprises, Trinity Industries, filed (psmith) (Entered: 05/05/2003)
2003-05-02
1
JOINT MOTION to modify scheduling order by Kothmann Enterprises, Trinity Industries, filed (amaly) (Entered: 05/23/2003)
2003-05-22
1
ORDER granting [72-1] joint motion to modify scheduling order Reset claim construction discovery due for 7/2/03, Set claim construction opening brief due for 7/18/03, Reset claim construction response brief due 8/1/03, Reset claim construction (Markman) hearing 9:00 8/8/03 before Judge Lee H. Rosenthal, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 05/27/2003)
2003-05-23
1
SECOND AMENDED COUNTERCLAIM by counter-claimant Trinity Industries : amending [5-2] counter claim, filed. (amaly) (Entered: 07/10/2003)
2003-07-09
1
CLAIM CONSTRUCTION OPENING BRIEF by Kothmann Enterprises, filed. (in expandex folder) (amaly) (Entered: 07/16/2003)
2003-07-11
1
CLAIM CONSTRUCTION OPENING BRIEF by Trinity Industries, filed. (amaly) (Entered: 07/16/2003)
2003-07-11
1
APPENDIX by Trinity Industries to [76-1] claim construction brief, filed. (in expandex folder) (amaly) (Entered: 07/16/2003)
2003-07-11
1
MOTION to strike pltf's [75-1] Claim Construction Opening Brief, or in the alternative for leave to increase the page limit for response brief by Trinity Industries, Motion Docket Date 8/10/03 [78-1] motion, 8/10/03 [78-2] motion, filed. Expedited Consideration requested. (amaly) (Entered: 07/22/2003)
2003-07-21
1
PLTF'S RESPONSE by Kothmann Enterprises to DEFT'S Trinity Industries, Inc.'s [78-1] motion to strike pltf's [75-1] Claim Construction Opening Brief, [78-2] motion for leave to increase the page limit for response brief, filed. (part 2 of 2) (ddarneille) Modified on 07/30/2003 (Entered: 07/28/2003)
2003-07-25
1
ORDER denying Trinity's [78-1] motion to strike pltf's [75-1] Claim Construction Opening Brief granting Trinity's [78-2] motion for leave to increase the page limit for response brief granting Kothmann's [79-1] motion to enlarge page limit, entered. The Court limits Kothmann's response to Trinity's claim construction brief to 25 pages; and orders that reply briefs be limited to 10 pages each. Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 07/30/2003)
2003-07-30
1
CLAIM CONSTRUCTION RESPONSE BRIEF by Trinity Industries, filed. (amaly) (Entered: 08/04/2003)
2003-07-30
1
CLAIM CONSTRUCTION RESPONSE BRIEF by Kothmann Enterprises, filed. (amaly) (Entered: 08/04/2003)
2003-07-30
1
RESPONSE by Kothmann Enterprises to [74-1] second amended claim, filed. (amaly) (Entered: 08/06/2003)
2003-08-06
1
Claim Construction REPLY BRIEF by Trinity Industries, filed. (psmith) (Entered: 08/14/2003)
2003-08-13
1
Minute entry: Telephone discovery cnoference held. Apps: M. Tribble, C. Rogers f/pltf; S. Ross f/deft. Markman hearing remains set for 9:00 am on 8/25/03 before Judge Lee H. Rosenthal Ct Reporter: B. Slavin . (sguevara) (Entered: 08/21/2003)
2003-08-20
1
Witness list for claim construction hearing by Trinity Industries, filed (amaly) (Entered: 08/26/2003)
2003-08-25
1
Minute entry: Markman hearing held. Apps: M Tribble, C Rogers, T Warden f/pltf; S Ross, M Lowenberg, T Wright f/deft. Exhibits admitted, as stated on the record. Counsel will have ten days to submit a joint proposed scheduling order on the remaining issues once a ruling has been issued. Witnesses: Dr Dean Sickling, Dr Malcolm Ray. terminated deadlines Ct Reporter: Bruce Slavin . (amaly) (Entered: 08/27/2003)
2003-08-25
1
Exhibit list by Kothmann Enterprises, filed (amaly) (Entered: 08/27/2003)
2003-08-25
1
Exhibit list by Trinity Industries, filed (amaly) (Entered: 08/27/2003)
2003-08-25
1
ORDER, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 09/03/2003)
2003-09-02
1
NOTICE of filing of joint proposed amended scheduling and docket control order by Kothmann Enterprises, Trinity Industries, filed (amaly) (Entered: 09/26/2003)
2003-09-24
1
TRANSCRIPT OF PROCEEDINGS of Markman Hearing for dates of 8/25/03 before Judge Lee H Rosenthal, filed. ( Court Rptr: Bruce Slavin) (amaly) (Additional attachment(s) added on 7/22/2008: # 1 Image 2, # 2 Image 3) (smurdock, ). (Entered: 10/16/2003)
2003-10-15
1
AMENDED SCHEDULING AND DOCKET CONTROL ORDER setting Mediation deadline 11/14/03 Pltf expert witness list submitted by 12/17/03 ; Deft expert witness list submitted by 2/4/04 ; Discovery cutoff 3/17/04 ; Deadline for filing all dispositive motions 4/15/04 ; Deadline for filing non-dispositive motions 5/3/04 ; Pretrial order to be submitted on or before 6/18/04 ; Docket call deadline 8:45 6/25/04 ; before Judge Lee H. Rosenthal, entered. Parties notified. Trial Term: ( Signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 10/22/2003)
2003-10-22
1
JOINT STATUS REPORT ON MEDIATION by Kothmann Enterprises, Trinity Industries, filed. (amaly) (Entered: 11/19/2003)
2003-11-12
1
Receipt for Withdrawal of Exhibits by attorney for Kothmann Enterprises, filed. (amaly) (Entered: 11/24/2003)
2003-11-20
1
MOTION to disqualify counsel by Trinity Industries, Motion Docket Date 12/21/03 [96-1] motion, filed. (tward) (Entered: 12/02/2003)
2003-12-01
1
BRIEF by Trinity Industries in support of [96-1] motion to disqualify counsel, filed. (tward) (Entered: 12/02/2003)
2003-12-01
1
APPENDIX by Trinity Industries in support of [96-1] motion to disqualify counsel, filed. (tward) (Entered: 12/02/2003)
2003-12-01
1
Minute entry: DISCOVERY CONFERENCE held. Apps: M Tribble; C Rogers; E Harris; S Ross; T Wright. Discovery requests granted in part and denied in part. Pltf expert witness list due for 1/9/04, Deft expert witness list due for 2/27/04, discovery due for 3/26/04, terminated deadlines ; Ct Reporter: C Barron . (psmith) (Entered: 12/09/2003)
2003-12-05
1
TRANSCRIPT OF PROCEEDINGS of discovery hearing for date of 12/5/03 before Judge Lee H Rosenthal, filed. (Court Rptr: C Barron) (tward) (smurdock, ). (Entered: 12/22/2003)
2003-12-16
1
Unopposed MOTION for Enlargement of Page Limits by Kothmann Enterprises, Motion Docket Date 1/11/04 [101-1] motion, filed. (rkonieczny) (Entered: 12/24/2003)
2003-12-22
1
RESPONSE by Kothmann Enterprises Inc in opposition to Defendant Trinity Industries Inc's [96-1] motion to disqualify counsel, filed (in brown expandable folder) (rkonieczny) (Entered: 12/24/2003)
2003-12-22
1
ORDER Reset Pltf expert witness list due for 1/9/04, Reset Deft expert witness list due for 2/27/04, pltf's expert report due 3/12/04, Reset discovery due for 3/26/04, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 12/29/2003)
2003-12-23
1
ORDER granting pltf's [101-1] motion for Enlargement of Page Limits, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (sguevara) (Entered: 12/31/2003)
2003-12-29
1
DEFT'S DESIGNATION OF EXPERT WITNESS LIST by Trinity Industries filed. (dhansen) (Entered: 01/12/2004)
2004-01-09
1
REPLY by Trinity Industries in support of [96-1] motion to disqualify counsel, filed. (psmith) (Entered: 01/20/2004)
2004-01-15
1
APPENDIX by Trinity Industries in support of its[106-1] reply in support of its motion to disqualify counsel, filed. (psmith) (Entered: 01/20/2004)
2004-01-15
1
Minute entry: TELEPHONE DISCOVERY conference held. Counsel appeared, request heard and resolved. Counsel will submit an agreed order. Ct Reporter: S Carlisle . (psmith) (Entered: 01/26/2004)
2004-01-22
1
ORDER Regarding Kothman Enterprises Violation Of Agreed Protective Order, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 01/27/2004)
2004-01-23
1
TRANSCRIPT OF PROCEEDINGS of TELEPHONE CONFERENCE for dates of Jan 22, 2004 before Judge Lee Rosenthal, filed. ( Court Rptr: S Carlisle) (psmith) (smurdock, ). (Entered: 01/30/2004)
2004-01-29
1
ORDER FOR HEARING Set hearing 10:30 2/17/04 before Judge Lee H. Rosenthal, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 02/10/2004)
2004-02-09
1
SUPPLEMENTAL RESPONSE by Kothmann Enterprises In Opposition to [96-1] motion to disqualify counsel, filed. (psmith) (Entered: 02/13/2004)
2004-02-12
1
Minute entry: DISCOVERY CONFERENCE held. Apps: T Warden; E Harris; S Ross; R Brown; T Wright. Discovery requests heard and resolved. A status conference is set for 4:00 3/12/04, joint pretrial order due for 8/13/04, docket call set for 2:00 8/27/04, terminated deadlines Ct Reporter: F Warner . (psmith) (Entered: 02/18/2004)
2004-02-17
1
TRANSCRIPT OF PROCEEDINGS of DISCOVERY HEARING for dates of Feb 17, 2004 before Judge Lee Rosenthal, filed. ( Court Rptr: F Warner) (psmith) (mmapps, ). (Entered: 03/03/2004)
2004-03-01
1
RETURN OF SERVICE of Subpoena executed as to James R Albritton, registered agent for Exodyne Technologies on 2/26/04, filed. (tward) (Entered: 03/05/2004)
2004-03-03
1
Minute entry: Discovery conference held held. Apps: T Warden/ E Harris f/pla, S. Ross/ R. Brown by phone/ T. Wright f/deft. Discovery request heard and resolved, as stated on the record. Ct Reporter: Ed Reed . (hlerma) (Entered: 03/17/2004)
2004-03-12
1
MOTION for entry of agreed order arising from the hearing held 2/27/04 by Kothmann Enterprises, Motion Docket Date 4/11/04 [117-1] motion, filed. (sfedele) (Entered: 03/23/2004)
2004-03-22
1
TRANSCRIPT OF PROCEEDINGS of for dates of 3/12/04 before Judge Lee H Rosenthal, filed. ( Court Rptr: E L Reed)(loose in file) (sfedele) (mmapps, ). (Entered: 03/25/2004)
2004-03-22
1
RESPONSE by Kothmann Enterprises in opposition to Trinity's oral motion for bifurcation of discovery and trial, filed (sfedele) (Entered: 03/25/2004)
2004-03-23
1
ORDER; granting [117-1] motion for entry of agreed order arising from the hearing held 2/27/04 set scheduling deadlines: Expert witness list submitted by 4/26/04 ; Discovery cutoff 5/10/04 ; Deadline for filing all dispositive motions 5/31/04 ; Deadline for filing non-dispositive motions 6/14/04 ; Pretrial order to be submitted on or before 8/13/04 ; Docket call deadline 2:00 8/27/04 ; before Judge Lee H. Rosenthal ;, and set Deft expert witness list due for 4/12/04, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (khightower) (Entered: 03/25/2004)
2004-03-23
1
MOTION with memorandum in support to bifurcate, and to stay as to willfulness by Trinity Industries, Motion Docket Date 4/15/04 [122-1] motion, 4/15/04 [122-2] motion, filed (hlerma) (Entered: 03/31/2004)
2004-03-26
1
ORDER following 3/12/04 discovery conference, entered. Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 03/31/2004)
2004-03-29
1
Minute Entry Order: Discovery conference held. Appearances: M Tribble & S Mitby f/pltf, S Ross & T Wright f/deft. Discovery requests heard and resolved, as stated on the record. The Court granted Trinity's request [122-1] (motion) to bifurcate (under FR Civ P 42, for reasons stated on the record and granted Trinity's request [122-2] (motion) for stay (of discovery of attorney-client privileged communications bearing on the defense) as to willfulness, for the reasons stated on the record. Ct Reporter: E Reed, entered. Parties ntfd. (signed by Judge Lee H. Rosenthal) (ddarneille) (Entered: 04/02/2004)
2004-03-29
1
TRANSCRIPT OF PROCEEDINGS of status conference for dates of 3/29/04 before Judge Rosenthal, filed. ( Court Rptr: Edward L Reed) (amaly) (mmapps, ). (Entered: 04/06/2004)
2004-04-05
1
Minute entry: DISCOVERY CONFERENCE held. Apps: E Harris; S Ross. Discovery requests heard and resolved. Docket control order deadlines are extended by 2 days. The joint pretrial order due for 8/15/04, docket call remains 2:00 8/27/04, terminated deadlines Ct Reporter: B . (psmith) (Entered: 04/13/2004)
2004-04-09
1
DEFT'S SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES by Trinity Industries, filed. (ddarneille) (Entered: 04/14/2004)
2004-04-14
1
NOTICE of attorney appearance for Trinity Industries (deft), Trinity Industries (counter-claimant) by Thomas Michael Wall, filed. (ddarneille) (Entered: 04/14/2004)
2004-04-14
1
REQUESTED BRIEFING On Trinity's Claim That Communications with its Expert, James Albritton, are Privileged, by Trinity Industries, filed. (psmith) (Entered: 04/20/2004)
2004-04-19
1
BRIEF In Support Of Its Claim Of Attorney-Client Privilege and Work Product Immunity Under The Joint Defense Doctrine, by Trinity Industries, filed. (with Exhibits FILED UNDER SEAL) (psmith) (Entered: 04/21/2004)
2004-04-20
1
TRANSCRIPT OF PROCEEDINGS of Discovery Conference for dates of 4/9/04 before Judge Lee H Rosenthal, filed. ( Court Rptr: Bruce Slavin)(loose in file) (sfedele) (mmapps, ). (Entered: 04/22/2004)
2004-04-21
1
Minute entry: Status Conference held. Apps: S Mitby f/pltf; T Wrigth f/def. denying deft's [96-1] motion to disqualify counsel Ct Reporter: J Simon Tape Number: none .An opinion will issue separately. (sfedele) (Entered: 04/27/2004)
2004-04-26
1
MEMORANDUM OPINION denying Trinity's [96-1] motion to disqualify counsel, entered. Parties notified. Winstead may continue its representation of KEI in this case. ( signed by Judge H. Rosenthal ) (psmith) (Entered: 05/03/2004)
2004-04-30
1
Amended supplemental DESIGNATION OF EXPERT WITNESS LIST by Trinity Industries filed. (sfedele) (Entered: 05/06/2004)
2004-05-06
1
MOTION to bifurcate Trinity's equitable defenses by Kothmann Enterprises, Motion Docket Date 6/3/04 [134-1] motion, filed. (psmith) (Entered: 05/17/2004)
2004-05-14
1
MOTION for partial summary judgment on Deft Trinity Industries' standing defense, by Kothmann Enterprises, Motion Docket Date 6/6/04 [135-1] motion, filed. (psmith) (Entered: 05/18/2004)
2004-05-17
1
Minute entry: STATUS CONFERENCE held. Apps: S Mitby; T Wright; M Wall. KEI's request for an order that Trinity refrain from interfering with Exodyne's production of documents is DENIED. KEI's request for an order that Trinity refrain from appearing at the Dallas proceedings against Exodyne is DENIED. Ct Reporter: F Warner . (psmith) (Entered: 05/25/2004)
2004-05-21
1
MOTION for partial summary judgment on Deft Trinity Industries laches and estoppel defenses, by Kothmann Enterprises, Motion Docket Date 6/17/04 [138-1] motion, filed. (psmith) (Entered: 06/02/2004)
2004-05-28
1
TRANSCRIPT OF PROCEEDINGS of STATUS CONFERENCE for dates of April 26, 2004 before Judge Lee Rosenthal, filed. ( Court Rptr: J Simon) (psmith) (mmapps, ). (Entered: 06/02/2004)
2004-06-01
1
UNOPPOSED MOTION for leave to exceed the page limits for briefs by Kothmann Enterprises, Motion Docket Date 6/21/04 [139-1] motion, filed. (psmith) (Entered: 06/03/2004)
2004-06-01
1
MOTION for partial summary judgment of infringement regarding claims 3,4,11,and 14 of the '820 patent, by Kothmann Enterprises, Motion Docket Date 6/21/04 [140-1] motion, filed. (psmith) (Entered: 06/03/2004)
2004-06-01
1
MOTION for partial summary judgment on deft Trinity Industries prosecution laches defense, by Kothmann Enterprises, Motion Docket Date 6/21/04 [141-1] motion, filed. (in brown expandable folder) (psmith) (Entered: 06/03/2004)
2004-06-01
1
MOTION for summary judgment on non-infringement, by Trinity Industries, Motion Docket Date 6/21/04 [142-1] motion, filed. (psmith) (Entered: 06/04/2004)
2004-06-01
1
APPENDIX by Trinity Industries to the [142-1] motion for summary judgment on non-infringement, filed. (FILED UNDER SEAL) (psmith) (Entered: 06/04/2004)
2004-06-01
1
UNOPPOSED MOTION for leave to exceed page limit by Trinity Industries, Motion Docket Date 6/21/04 [144-1] motion, filed. (psmith) (Entered: 06/04/2004)
2004-06-01
1
MOTION for summary judgment of invalidity, by Trinity Industries, Motion Docket Date 6/21/04 [145-1] motion, filed. (psmith) (Entered: 06/04/2004)
2004-06-01
1
APPENDIX by Trinity Industries to Defts [145-1] motion for summary judgment of invalidity, filed. (FILED UNDER SEAL) (psmith) (Entered: 06/04/2004)
2004-06-01
1
MOTION for summary judgment, or alternatively, separate trials on inequitable conduct and prosecution laches, by Trinity Industries, Motion Docket Date 6/21/04 [147-1] motion, 6/21/04 [147-2] motion, filed. (psmith) (Entered: 06/04/2004)
2004-06-01
1
APPENDIX by Trinity Industries to the [147-1] motion for summary judgment, [147-2] motion separate trials on inequitable conduct and prosecution laches, filed. (FILED UNDER SEAL) (psmith) (Entered: 06/04/2004)
2004-06-01
1
RESPONSE by Trinity Industries to Kothmann's [134-1] motion to bifurcate Trinity's equitable defenses, filed. (psmith) (Entered: 06/08/2004)
2004-06-03
1
ORDER entered: A status conference is rescheduled for 4:00 6/25/04 ; Parties notified. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 06/08/2004)
2004-06-04
1
NOTICE of Agreed to extend the deadline for Trinity to respond to Pltfs motion for partial summary judgment to June 8, 2004, by Kothmann Enterprises, Trinity Industries, filed (psmith) (Entered: 06/09/2004)
2004-06-07
1
ORDER granting Pltfs [139-1] motion for leave to exceed the page limits for briefs, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 06/09/2004)
2004-06-07
1
ORDER granting Defts [144-1] motion for leave to exceed page limit, entered; Parties notified. Trinity shall have leave to file a motion for summary judgment of invalidity running 29 pages and shall leave to file a motion for summary judgment of non-infringement running 30 pages. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 06/09/2004)
2004-06-07
1
SEALED RESPONSE placed in vault, filed. (psmith) (Entered: 06/09/2004)
2004-06-08
1
SEALED APPENDIX placed in vault, filed. (psmith) (Entered: 06/09/2004)
2004-06-08
1
DEFT'S UNOPPOSED MOTION for leave to file a supplemental memorandum in support of its motion for summary judgment of non-infringement by Trinity Industries, Motion Docket Date 7/4/04 [156-1] motion, filed. (ddarneille) (Entered: 06/16/2004)
2004-06-14
1
SUPPLEMENTAL MEMORANDUM by Trinity Industries in support of deft's [142-1] motion for summary judgment on non-infringement, filed (ddarneille) (Entered: 06/16/2004)
2004-06-14
1
MOTION SEALED, filed. (placed in vault) (ddarneille) (Entered: 06/16/2004)
2004-06-14
1
MOTION to exclude certain expert testimony by Michael O Sutton, by Kothmann Enterprises, Motion Docket Date 7/4/04 [159-1] motion, filed. (psmith) (Entered: 06/17/2004)
2004-06-14
1
SEALED RESPONSE placed in vault, filed. (psmith) (Entered: 06/20/2004)
2004-06-17
1
UNOPPOSED MOTION for leave to exceed the page limits for briefs, by Kothmann Enterprises, Motion Docket Date 7/11/04 [161-1] motion, filed. (psmith) (Entered: 06/22/2004)
2004-06-21
1
RESPONSE by Kothmann Enterprises in opposition to Deft Trinity's [147-1] motion for summary judgment, [147-2] motion separate trials on inequitable conduct and prosecution laches, filed (psmith) (Entered: 06/22/2004)
2004-06-21
1
RESPONSE by Kothmann Enterprises in opposition to Deft Trinity's [142-1] motion for summary judgment on non-infringement, filed (psmith) (Entered: 06/22/2004)
2004-06-21
1
RESPONSE by Kothmann Enterprises in opposition to Deft Trinity's [145-1] motion for summary judgment of invalidity, filed (psmith) (Entered: 06/22/2004)
2004-06-21
1
ORDER granting Trinity's [156-1] motion for leave to file a supplemental memorandum in support of its motion for summary judgment of non-infringement, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (amaly) (Entered: 06/22/2004)
2004-06-21
1
SEALED RESPONSE placed in vault, filed. (sjones) (Entered: 06/23/2004)
2004-06-21
1
SEALED APPENDIX placed in vault, filed. (sjones) (Entered: 06/23/2004)
2004-06-21
1
SEALED RESPONSE placed in vault, filed. (sjones) (Entered: 06/23/2004)
2004-06-21
1
SEALED APPENDIX placed in vault, filed. (sjones) (Entered: 06/23/2004)
2004-06-21
1
ORDER granting the [161-1] motion for leave to exceed the page limits for briefs, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 06/24/2004)
2004-06-22
1
SEALED RESPONSE placed in vault, filed. (psmith) (Entered: 07/07/2004)
2004-07-06
1
RESPONSE by Trinity Industries in opposition to Pltfs [159-1] motion to exclude certain expert testimony by Michael O Sutton, filed (psmith) (Entered: 07/07/2004)
2004-07-06
1
APPENDIX by Trinity Industries to the [172-1] response in opposition to Pltfs Motion to Exclude Certain Testimony of Michael Sutton, filed. (psmith) (Entered: 07/07/2004)
2004-07-06
1
UNOPPOSED MOTION for leave to file reply briefs by Trinity Industries, Motion Docket Date 8/4/04 [174-1] motion, filed. (psmith) (Entered: 07/16/2004)
2004-07-15
1
REPLY by Trinity Industries in support of its [145-1] motion for summary judgment of invalidity, filed. (psmith) (Entered: 07/16/2004)
2004-07-15
1
REPLY by Trinity Industries in support of its [147-1] motion for summary judgment, [147-2] motion separate trials on inequitable conduct and prosecution laches, filed. (psmith) (Entered: 07/16/2004)
2004-07-15
1
MEMORANDUM IN RESPONSE by Kothmann Enterprises to Defts [157-1] Supplemental Memorandum In Support of its Motion for Summary Judgment of Non-Infringement, filed. (psmith) (Entered: 07/16/2004)
2004-07-15
1
REPLY by Trinity Industries in support of its [142-1] motion for summary judgment on non-infringement, filed. (psmith) (Entered: 07/16/2004)
2004-07-16
1
ORDER granting Defts [174-1] motion for leave to file reply briefs, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 07/28/2004)
2004-07-27
1
NOTICE Pursuant To 35 USC 282, by Trinity Industries, filed (psmith) (Entered: 07/30/2004)
2004-07-28
1
SURRESPONSE by Kothmann Enterprises In Opposition to Defts [147-1] motion for summary judgment on equitable conduct and prosecution laches, and Statement Of No Opposition to Defts [147-2] motion separate trials on inequitable conduct and prosecution laches, filed. (psmith) (Entered: 08/03/2004)
2004-08-02
1
JOINT MOTION to move docket call and pre-trial order deadline, by Kothmann Enterprises, Trinity Industries, filed (psmith) (Entered: 08/11/2004)
2004-08-09
1
ORDER granting the [182-1] joint motion to move docket call and pre-trial order deadline. The pretrial order deadline is set for 10/22/04; docket call is set for 2:00 10/29/04, entered; Parties notified. ( signed by Judge Lee H. Rosenthal ) (psmith) (Entered: 08/12/2004)
2004-08-11
1
EXPEDITED MOTION To Extend Deadline For Pretrial Submissions and Docket Call, by Trinity Industries Inc, filed. Motion Docket Date 10/28/2004. (Attachments: # 1)(psmith, ) (Entered: 10/13/2004)
2004-10-08
1
NOTICE of Setting: Status Conference set for 10/21/2004 at 10:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (leddins, ) (Entered: 10/12/2004)
2004-10-12
1
Minute Entry for proceedings held before Judge Lee H Rosenthal. DOCKET CALL held on 10/21/2004. Pretrial conference set for 1/18/05 at 9:00 a.m. Final pretrial conference set for 1/24/05, at 9:00 a.m. Jury trial and selection set for 2/7/05, at 9:00 a.m. ETT: 2-3 weeks. Appearances: Max Lalon Tribble, Jr, Steven Mitby, Charles John Rogers, Geoffrey Harrison and Thomas Warden for Plts., Steven E Ross and Thomas Wright for Defts.(Court Reporter: Fred Warner), filed.(leddins, ) (Entered: 10/25/2004)
2004-10-21
1
TRANSCRIPT of hearing held on 10/21/04 before Judge Lee Rosenthal. Court Reporter: Fred Warner, filed. (cpeebles) (mmapps, ). (Entered: 11/02/2004)
2004-11-02
1
ORDER, The new deadline for filing the jt pretrial order is 1/14/05 .( Signed by Judge Lee H Rosenthal ) Parties notified.(sjones, ) (Entered: 11/24/2004)
2004-11-23
1
SEALED LETTER re Order, filed. (psmith, ) Modified on 12/8/2004 (psmith, ). (#4:04CI6010) (Entered: 12/08/2004)
2004-12-03
1
NOTICE OF AVAILABILITY FOR INSPECTION by Trinity Industries Inc, filed. (Wright, Thomas) (Entered: 12/17/2004)
2004-12-17
1
Minute Entry for proceedings held before Judge Lee H Rosenthal. DISCOVERY CONFERENCE held on 12/17/2004, as stated on the record. Appearances:Tom Warden, Steven Mitby, Rita Irani, Russell Brown, Charles John Rogers, Max Lalon Tribble, Jr, Steven Ross, Tom Wright (by phone)(Court Reporter: Bruce Slavin), filed.(fwilliams) (Entered: 12/22/2004)
2004-12-17
1
TRANSCRIPT of status conference held on 12/17/04 before Judge Lee Rosenthal. Court Reporter: Bruce Slavin, filed. (cpeebles) (mmapps, ). (Entered: 12/23/2004)
2004-12-23
1
Opposed MOTION for Leave to File Surresponse in Opposition to Defendant's Motion for Summary Judgment of Inequitable Conduct and Prosecution Laches, and Surresponse in Opposition to Defendant's Motion for Summary Judgment of Invalidity by Kothmann Enterprises Inc, filed. Motion Docket Date 1/24/2005. (Warden, Thomas) (Entered: 01/03/2005)
2005-01-03
1
RESPONSE in Opposition to 145 Motion for Summary Judgment, Motion Docket Date filed by Kothmann Enterprises Inc. (Attachments: # 1 Exhibit Ex. 1A - 153 App. Paper 5 (Restriction)# 2 Exhibit Ex. 1B - 153 App. Paper 6 (Election)# 3 Exhibit Ex. 2 - 820 PH Paper 1 (Appl. excerpted)# 4 Exhibit Ex. 3 - US Appl. Publ. No. 2003.0025112# 5 Affidavit Warden Decl. re Exhibits# 6 Exhibit Ex. 4A - 755 PH (Amendment)# 7 Exhibit Ex. 4B - 755 PH (IDS dated 12-24-03)# 8 Exhibit Ex. 4C - 755 PH (IDS dated 03-11-04)# 9 Exhibit Ex. 4D - 755 PH (Notice of Allow.)# 10 Exhibit Ex. 4E - 755 PH (Fee Pmt.)# 11 Exhibit Ex. 5 - MPEP s 609)(Warden, Thomas) (Entered: 01/03/2005)
2005-01-03
1
RESPONSE in Opposition to 147 Motion for Summary Judgment, Motion for Miscellaneous Relief, Motion Docket Date filed by Kothmann Enterprises Inc. (Attachments: # 1 Exhibit Ex. 1 - '003 PH (IDS dated 06-14-96)# 2 Exhibit Ex. 2 - '820 PH (Notice of References Cited dated 01-13-00)# 3 Exhibit Ex. 3 - Trinity's Supp. Resp. to 2nd Rogs (Nos. 2-7) (01-07-04)# 4 Exhibit Ex. 4 - Sutton Report (1-16-04))(Warden, Thomas) (Entered: 01/03/2005)
2005-01-03
1
STATEMENT by Trinity Industries Inc, Trinity Industries Inc, filed. (Attachments: # 1 Exhibit A)(Wright, Thomas) (Entered: 01/03/2005)
2005-01-03
1
MOTION to Continue Trial Deadlines, Expedited Motion by Trinity Industries Inc, Trinity Industries Inc, filed. Motion Docket Date 1/24/2005. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H: Part 1# 9 Exhibit H: Part 2# 10 Proposed Order)(Wright, Thomas) (Entered: 01/03/2005)
2005-01-03
1
ORDER entered: Pltfs. 193 Opposed MOTION for Leave to File Surresponse in Opposition to Defendant's Motion for Summary Judgment of Inequitable Conduct and Prosecution Laches, and Surresponse in Opposition to Defendant's Motion for Summary Judgment of Invalidity is granted, Defts. 197 MOTION to Continue Trial Deadlines, Expedited Motion is granted. Amended SCHEDULING ORDER: ETT: 2-3 weeks. Jury Dispositive Motion Filing due by 2/3/2005 Joint Pretrial Order due by 4/22/2005 Pretrial Conference set for 4/28/2005 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal Jury Trial set for 5/9/2005 at 10:00 AM in Courtroom 11B before Judge Lee H Rosenthal.( Signed by Judge Lee H Rosenthal ) Parties notified.(leddins, ) (Entered: 01/12/2005)
2005-01-12
1
MOTION to Compel Supplemental Discovery and for Leave to Take Additional Discovery Regarding Plaintiff's New Patent, Expedited by Trinity Industries Inc, Trinity Industries Inc, filed. Motion Docket Date 2/22/2005. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Proposed Order)(Wright, Thomas) (Entered: 02/02/2005)
2005-02-02
1
NOTICE of Setting as to 199 MOTION to Compel Supplemental Discovery and for Leave to Take Additional Discovery Regarding Plaintiff's New Patent, Expedited Motion Hearing set for 2/7/2005 at 10:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (leddins, ) (Entered: 02/02/2005)
2005-02-02
1
MOTION for Extension of Time to File Supplemental Briefs by Trinity Industries Inc, Trinity Industries Inc, filed. Motion Docket Date 2/24/2005. (Attachments: # 1 Proposed Order)(Wright, Thomas) (Entered: 02/04/2005)
2005-02-04
1
RESPONSE to 199 MOTION to Compel Supplemental Discovery and for Leave to Take Additional Discovery Regarding Plaintiff's New Patent, Expedited filed by Kothmann Enterprises Inc, Kothmann Enterprises Inc. (Attachments: # 1 Exhibit Ex. 1 - US Appl. Publ. No. 2003.0025112# 2 Exhibit Ex. 2 - T. Warden Ltr. to T Wright (01-27-05)# 3 Exhibit Ex. 3 - T. Warden Ltr. to S. Ross (12-27-04)# 4 Exhibit Ex. 4 - Sicking Depo. (05-04-2004)# 5 Exhibit Ex. 5 - Ehrlich Depo. (01-07-04))(Warden, Thomas) (Entered: 02/05/2005)
2005-02-05
1
Minute Entry for proceedings held before Judge Lee H Rosenthal. MOTION HEARING held on 2/7/2005. Counsel advised the court that the motion to compel, (DOcket Entry No. 199) has been resolved. Appearances: Steven Mitby/Jeff Harrison/Charles Rogers/Thomas L Warden for Pltf., Steven E Ross/Thomas Copeland Wright for Deft.(Court Reporter: Kathy Metzger), filed.(leddins, ) (Entered: 02/09/2005)
2005-02-07
1
TRANSCRIPT of motion hearing held on 2/7/05 before Judge Lee Rosenthal. Court Reporter: Kathy Metzger, filed. (cpeebles) (mmapps, ). (Entered: 02/23/2005)
2005-02-23
1
Reply to Response to 142 Motion for Summary Judgment, Motion Docket Date, 145 Motion for Summary Judgment, Motion Docket Date, 147 Motion for Summary Judgment, Motion for Miscellaneous Relief, Motion Docket Date filed by Trinity Industries Inc, Trinity Industries Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Wright, Thomas) (Entered: 03/11/2005)
2005-03-11
1
MEMORANDUM AND OPINION entered DENYING Pltfs. 159 Motion to Exclude, GRANTING IN PART AND DENYING IN PART Defts. 158 Sealed Motion, Motions terminated: 158 Sealed Motion, 159 Motion to Exclude, Motion Docket Date.( Signed by Judge Lee H Rosenthal ) Parties notified.(leddins, ) (Entered: 03/29/2005)
2005-03-29
1
ORDER denying as moot 134 Motion to Bifurcate, denying 138 Motion for Partial Summary Judgment, denying 141 Motion for Partial Summary Judgment, denying 147 Motion for Summary Judgment, granting 147 Motion for Separate Bench Trial on the Equitable Defenses, to be held before a trial on liability and damages.( Signed by Judge Lee H Rosenthal ) Parties notified.(djustice) (Entered: 03/30/2005)
2005-03-30
1
ORDER: This order is in response to the April 8, 2005 letter submitted by Trinity Industries and the response by Kothmann concerning the scope of the pretrial submissions due April 22, 2005. The court agrees that the pretrial submissions should be limited to the issues of inequitable conduct, prosecution laches, laches, and estoppel to be heard in the bench trial.( Signed by Judge Lee H Rosenthal ) Parties notified.(psmith, ) (Entered: 04/11/2005)
2005-04-08
1
NOTICE Supplemental Pursuant to 35 USC 282 by Trinity Industries Inc, Trinity Industries Inc, filed. (Ross, Steven) (Entered: 04/11/2005)
2005-04-11
1
ORDER in response to the 4/12/2005 letter submitted by counsel for Plaintiff. The issue of standing will not be tried in the bench trial .( Signed by Judge Lee H Rosenthal ) Parties notified.(hcarr, ) (Entered: 04/13/2005)
2005-04-12
1
ORDER in response to Pltf's letter of 4/12/05. The issue of standing will not be tried in the bench trial. Court will decide the issue on evidence submitted.( Signed by Judge Lee H Rosenthal ) Parties notified.(djustice, ) (Entered: 04/13/2005)
2005-04-12
1
Minute Entry for proceedings held before Judge Lee H Rosenthal. TELEPHONE CONFERENCE held on 4/13/2005. Discovery requests heard and resolved as stated on the record. Appearances: Max Tribble/Thomas Warden for Pltf, Steven Ross/Thomas Wright for Deft.(Court Reporter: Gayle Dye), filed.(leddins, ) (Entered: 04/13/2005)
2005-04-13
1
NOTICE of Resetting as to 198 Scheduling Order,,, Terminate Motions,,. Parties notified. Pretrial Conference set for 4/27/2005 at 01:00 PM in Courtroom 11B before Judge Lee H Rosenthal, filed. (leddins, ) (Entered: 04/21/2005)
2005-04-21
1
MOTION in Limine to Exclude the Supplemental Report of Michael Sutton and Testimony Related Thereto at the Bench Trial, by Kothmann Enterprises Inc, filed. Motion Docket Date 5/16/2005. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 04/25/2005)
2005-04-25
1
MOTION in Limine to Exclude Late Noticed Patents and Testimony thereon by Kothmann Enterprises Inc, filed. Motion Docket Date 5/16/2005. (Attachments: # 1 Proposed Order)(kmurphy, ) (Entered: 04/28/2005)
2005-04-25
1
Proposed Pretrial Order by Trinity Industries Inc, Trinity Industries Inc, filed.(Ross, Steven) (Entered: 04/26/2005)
2005-04-26
1
Proposed Pretrial Order by Trinity Industries Inc, Trinity Industries Inc, filed. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K, part 1# 12 Exhibit K, part 2# 13 Exhibit K, part 3# 14 Exhibit L, part 1# 15 Exhibit L, part 2)(Ross, Steven) (Entered: 04/26/2005)
2005-04-26
1
Minute Entry for proceedings held before Judge Lee H Rosenthal. Final PRETRIAL CONFERENCE held on 4/27/2005. Exhibits admitted, as stated on the record. Bench trial set fro May 9, 2005, at 9:00 a.m. Appearances: Max Tribble/Erica Harris/Charles Rogers/Thomas L Warden for Pltf. and Steven E Ross/Thomas Wall/Thomas Wright for Deft.(Court Reporter: June Simon), filed.(leddins, ) (Entered: 04/29/2005)
2005-04-27
1
AMENDED MOTION in Limine to Exclude Late Noticed Patents and Testimony Thereon, by Kothmann Enterprises Inc, filed. Motion Docket Date 5/26/2005. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 05/06/2005)
2005-05-06
1
BENCH MEMO on Judicial Admissions by Kothmann Enterprises Inc, filed.(dkelly, ) (Entered: 05/06/2005)
2005-05-06
1