Learning Curve Brands, Inc. v. Munchkin, Inc.
3:09-cv-00416
Overview
Case Number
3:09-cv-00416
Filing Date
2009-06-30
Status
Terminated
Termination Date
2010-10-01
Court
District Court, W.D. Wisconsin (wiwd)
Presiding Judge
Barbara B. Crabb
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:145 Patent Infringement
Jury Demand
Defendant
Parties
Plaintiff
Learning Curve Brands, Inc.
Represented By
6 Attorneys ListedMichael Best & Friedrich LLP
Tel: +1 (312) 596-5828
Fax: +1 (312) 222-0818
Two Prudential Plaza, 180 North Stetson Avenue
Michael Best & Friedrich LLP
Tel: +1 (312) 596-5802
Fax: +1 (312) 222-0818
Two Prudential Plaza, 180 North Stetson Avenue
Michael Best & Friedrich, LLP
Tel: +1 (608) 283-0102
Fax: +1 (608) 283-2275
P.O. Box 1806, Madison, WI 53701-1806
Michael Best & Friedrich LLP
Fax: +1 (608) 283-2275
1 South Pinckney Street, P.O. Box 1806
Michael Best & Friedrich
Fax: +1 (414) 277-0656
Michael Best & Friedrich, 100 East Wisconsin Ave., Suite 3300
F & B LLP
Tel: +1 (512) 681-1504
Fax: +1 (512) 681-1590
5113 Southwest Parkway, Ste. 140, Austin, TX 78735
Munchkin, Inc.
Represented By
4 Attorneys ListedQuarles & Brady
Tel: +1 (608) 283-2429
Fax: +1 (608) 251-5000
Quarles & Brady, P.O. Box 2113
Knoble Yoshida & Dunleavy
Tel: +1 (215) 599-0600
Fax: +1 (215) 893-3921
Knoble Yoshida & Dunleavy, Eight Penn Center, Suite 1350
Quarles & Brady LLP
Fax: +1 (608) 294-4905
33 East Main Street, Suite 900, Madison, WI 53701
Quarles & Brady LLP
Tel: +1 (414) 277-5459
Fax: +1 (414) 978-8617
Suite 2040, 411 East Wisconsin Ave
Court & Judges
Court
District Court, W.D. Wisconsin (wiwd)
Presiding Judge
Barbara B. Crabb
Docket Entries
COMPLAINT against Munchkin, Inc. ( Filing fee $ 350 receipt number 07580000000000392293), filed by Learning Curve Brands, Inc.. (Attachments: # 1 Exhibit Exhibit A - US Patent 7,185,784, # 2 Summons, # 3 JS-44 Civil Cover Sheet, # 4 Report on Filing Patent/Trademark Action) (Gollwitzer, Arthur) Corrected receipt number on 7/1/2009 (krj). (Entered: 06/30/2009)
2009-06-30
1
Stipulated MOTION for Extension of Time to File Answer re 1 Complaint, Summons Issued by August 28, 2009 by Defendant Munchkin, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker.Response due by 8/4/2009. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 07/28/2009)
2009-07-28
1
** TEXT ONLY ORDER **ORDER accepting 2 Motion for Extension of Time to Answer or respond to complaint; response due 8/28/09. Signed by Magistrate Judge Peter A. Oppeneer on 8/6/09. (krj) (Entered: 08/06/2009)
2009-08-06
1
SUMMONS Returned Executed by Plaintiff Learning Curve Brands, Inc., Defendant Munchkin, Inc.. Munchkin, Inc. served on 7/8/2009, answer due 7/28/2009. (Kujak, Angela) (Entered: 08/10/2009)
2009-08-10
1
Stipulated MOTION to Stay Proceedings In View Of Related Motion For Contempt Proceedings by Plaintiff Learning Curve Brands, Inc., Defendant Munchkin, Inc..Response due by 8/28/2009. (Kujak, Angela) (Entered: 08/21/2009)
2009-08-21
1
** TEXT ONLY ORDER **ORDER granting 5 Motion to Stay. Signed by Magistrate Judge Stephen L. Crocker on 8/27/09. (rep) (Entered: 08/27/2009)
2009-08-27
1
NOTICE of Appearance filed by Marshall John Schmitt for Plaintiff Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 09/18/2009)
2009-09-18
1
STIPULATION for To Extend Stay of Proceedings and to Reset Preliminary Pretrial Conference Date in View of Related Motion for Contempt Proceedings by Plaintiff Learning Curve Brands, Inc.. (Schmitt, Marshall) (Entered: 09/25/2009)
2009-09-25
1
** TEXT ONLY ORDER **ORDER granting 8 STIPULATION to extend stay and to reset preliminary pretrial conference. Signed by Magistrate Judge Stephen L. Crocker on 9/25/09. (krj) (Entered: 09/25/2009)
2009-09-25
1
Stipulated MOTION to Stay Proceedings in View of Related Motion for Contempt Proceedings by Plaintiff Learning Curve Brands, Inc..Response due by 10/29/2009. (Schmitt, Marshall) (Entered: 10/22/2009)
2009-10-22
1
** TEXT ONLY ORDER **ORDER granting 10 Motion to Stay proceedings in view of related motion for contempt proceedings. Signed by Magistrate Judge Stephen L. Crocker on 10/23/09. (krj) (Entered: 10/23/2009)
2009-10-23
1
Joint Discovery Plan (Schmitt, Marshall) (Entered: 11/04/2009)
2009-11-04
1
PRETRIAL CONFERENCE ORDER - Amendments to Pleadings due by 1/8/2010. Motions Requesting Claims Construction due by 2/5/2010. Claims Construction Response Brief due by 2/19/2010. Dispositive Motions due by 4/23/2010. Motions in Limine due by 10/1/2010. Responses to Motions due by 10/8/2010. Final Pretrial Submissions due 10/7/2010. Final Pretrial Conference set for 10/14/2010 at 04:00 PM. Jury Selection and Trial set for 10/25/2010 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 11/9/09. (krj) (Entered: 11/12/2009)
2009-11-12
1
NOTICE of Appearance filed by Arthur Gollwitzer for Plaintiff Learning Curve Brands, Inc. (Gollwitzer, Arthur) (Entered: 11/23/2009)
2009-11-23
1
ANSWER with Jury Demand, COUNTERCLAIM against Learning Curve Brands, Inc. by Defendant Munchkin, Inc., Plaintiff Learning Curve Brands, Inc.. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 12/08/2009)
2009-12-08
1
MOTION to Admit John L. Knoble Pro Hac Vice by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service) (Benkers, Josephine) (Entered: 12/11/2009)
2009-12-11
1
** TEXT ONLY ORDER **ORDER granting 16 Motion to Admit John L. Knoble Pro Hac Vice. John L. Knoble for Munchkin, Inc. admitted pro hac vice. Signed by Magistrate Judge Stephen L. Crocker on 12/11/09. (krj) (Entered: 12/11/2009)
2009-12-11
1
ANSWER to Counterclaim by Counter Defendant Learning Curve Brands, Inc.. (Gollwitzer, Arthur) (Entered: 12/29/2009)
2009-12-29
1
Stipulation to Protective Order by Plaintiff Learning Curve Brands, Inc., Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc., Counter Defendant Learning Curve Brands, Inc.. (Gollwitzer, Arthur) (Entered: 02/03/2010)
2010-02-03
1
Motion Requesting Claims Construction by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 02/05/2010)
2010-02-05
1
Claims Construction Initial Brief re: 20 Motion Requesting Claims Construction by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 02/05/2010)
2010-02-05
1
Declaration of Timothy A. Shedd, Ph.D. filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 20 Motion Requesting Claims Construction by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. filed by Munchkin, Inc. (Attachments: # 1 Exhibit 1 - Excerpts from Plastics Engineering Manufact & Data Handbook, # 2 Exhibit 2 - Excerpts from International Plastics Handbook, # 3 Exhibit 3 - Webster's Encyclopedic Unabridged Dictionary, # 4 Exhibit 4 - Collins Cobuild English Dictionary, # 5 Exhibit 5 - American Heritage Dictionary, # 6 Exhibit 6 - Collins English Dictionary, # 7 Exhibit 7 - Merriam-Webster Dictionary, # 8 Exhibit 8 - American Heritage Dictionary, # 9 Exhibit 9 - Dictionary.com, # 10 Exhibit 10 - Merriam-Webster Online Dictionary, # 11 Exhibit 11 - Dictionary.com Unabridged, # 12 Exhibit 12 - CV, # 13 Exhibit 13 - U.S. Patent No. 2833324, # 14 Certificate of Service) (Benkers, Josephine) (Entered: 02/05/2010)
2010-02-05
1
Declaration of John L. Knoble filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 20 Motion Requesting Claims Construction by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. filed by Munchkin, Inc. (Attachments: # 1 Exhibit 1 - August 11 2008 Tim Osswald Ph.D. Dep Transcript, # 2 Exhibit 2A - June 10 2008 30(b)(6) Dep Transcript of David Medeiros, # 3 Exhibit 2B - June 10 2008 30(b)(6) Dep Transcript of David Medeiros, # 4 Exhibit 2C - June 10 2008 30(b)(6) Dep Transcript of David Medeiros, # 5 Exhibit 2D - June 10 2008 30(b)(6) Dep Transcript of David Medeiros, # 6 Exhibit 2E - June 10 2008 30(b)(6) Dep Transcript of David Medeiros, # 7 Exhibit 3 - Dep Transcript Exh 23, # 8 Exhibit 4 - 784 Patent File History, # 9 Exhibit 5 - U.S. Patent No. 7185784, # 10 Exhibit 6 - August 14 2009 Oswald Dep Transcript, # 11 JS-44 Civil Cover Sheet 7 - Osswald prior Declaration in Support of Markman Brief, # 12 Exhibit 8 - June 6 2008 Osswald Declaration in Support of MSJ, # 13 Exhibit 9 - April 18 2008 Osswald Expert Report, # 14 Exhibit 10 - Court's April 15 2008 Markman Opinion, # 15 Exhibit 11 - Manual of Patent Exam Procedure, # 16 Exhibit 12 - Court's September 9 2008 MSJ Opinion, # 17 Exhibit 13 - Merriam-Webster Onlin, # 18 Exhibit 14 - October 26 2009 Opinion and Order, # 19 Certificate of Service) (Benkers, Josephine) Modified on 2/8/2010 (mmo). (Entered: 02/05/2010)
2010-02-05
1
Motion Requesting Claims Construction by Plaintiff Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 02/05/2010)
2010-02-05
1
Claims Construction Initial Brief re: 24 Motion Requesting Claims Construction by Plaintiff Learning Curve Brands, Inc. by Plaintiff Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 02/05/2010)
2010-02-05
1
Declaration of Angela J. Kujak filed by Plaintiff Learning Curve Brands, Inc. re: 25 Claims Construction Initial Brief filed by Learning Curve Brands, Inc. (Attachments: # 1 Exhibit 1 to Kujak Declaration - Patent #7,185,784,B2, # 2 Exhibit 2 to Kujak Declaration - Definition from Webster Dictionary, # 3 Exhibit 3 to Kujak Declaration - The First Snap-Fit Handbook) (Schmitt, Marshall) Modified on 2/8/2010; added exhibit descriptions (mmo). (Entered: 02/05/2010)
2010-02-05
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 24 Motion Requesting Claims Construction by Plaintiff Learning Curve Brands, Inc., 26 Declaration, 25 Claims Construction Initial Brief (Schmitt, Marshall) (Entered: 02/05/2010)
2010-02-05
1
** TEXT ONLY ORDER **ORDER accepting and entering 19 stipulated protective order. Signed by Magistrate Judge Stephen L. Crocker on 2/9/10. (krj) (Entered: 02/09/2010)
2010-02-09
1
Claims Construction Response Brief re: 24 Motion Requesting Claims Construction by Plaintiff Learning Curve Brands, Inc. by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 02/19/2010)
2010-02-19
1
Second Declaration of John L. Knoble filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 25 Claims Construction Initial Brief filed by Learning Curve Brands, Inc. (Attachments: # 1 Exhibit 1 - Dictionary definition of semicircle, # 2 Exhibit 2 - U.S. Patent 4,444,332, # 3 Exhibit 3 - Plaintiffs' Response to Defendant Munchkin's PFFs in 07-cv-0558, # 4 Certificate of Service) (Benkers, Josephine) Modified on 2/19/2010; confirmed with filer that page 2 of declaration is blank. (mmo). (Entered: 02/19/2010)
2010-02-19
1
Claims Construction Response Brief re: 20 Motion Requesting Claims Construction by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. by Plaintiff Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 02/19/2010)
2010-02-19
1
Declaration of Tim A. Osswald filed by Plaintiff Learning Curve Brands, Inc. re: 31 Claims Construction Response Brief filed by Learning Curve Brands, Inc. (Attachments: # 1 Exhibit Attachment 1, Curriculum Vitae, # 2 Exhibit Attachment 2, Case List, # 3 Exhibit Attachment 3, The First Snap-Fit Handbook, # 4 Exhibit Attachment 4, Research Article, # 5 Exhibit Attachment 5, International Plastics Handbook) (Schmitt, Marshall) Added exhibit descriptions on 2/22/2010 (krj). (Entered: 02/19/2010)
2010-02-19
1
Declaration of Angela J. Kujak filed by Plaintiff Learning Curve Brands, Inc. re: 31 Claims Construction Response Brief filed by Learning Curve Brands, Inc. (Attachments: # 1 Exhibit 1, Excerpt from McGraw-Hill Dictionary) (Schmitt, Marshall) Added exhibit description on 2/22/2010 (krj). (Entered: 02/19/2010)
2010-02-19
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 33 Declaration, 32 Declaration, 31 Claims Construction Response Brief (Schmitt, Marshall) (Entered: 02/19/2010)
2010-02-19
1
ORDER granting 20 Motion Requesting Claims Construction; granting 24 Motion Requesting Claims Construction. The parties' request for a hearing on claims construction is denied; the claims construction hearing scheduled for 2/26/10 at 9:00 a.m. is canceled as unnecessary. Signed by Chief Judge Barbara B. Crabb on 2/22/10. (krj)
2010-02-22
1
Notice of Appearance and Certificate of Service filed by Martha Jahn Snyder for Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Jahn Snyder, Martha) (Entered: 03/09/2010)
2010-03-09
1
Order Construing Claims. Signed by Chief Judge Barbara B. Crabb on 3/22/10. (krj)
2010-03-23
1
Notice of Appearance filed by Christopher C. Davis for Plaintiff Learning Curve Brands, Inc., Counter Defendant Learning Curve Brands, Inc. (Davis, Christopher) (Entered: 04/01/2010)
2010-04-01
1
Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) by Plaintiff Learning Curve Brands, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker.Response due 4/8/2010. (Schmitt, Marshall) (Entered: 04/01/2010)
2010-04-01
1
Disregard; refiled as doc. #42; document unsigned. (mmo). (Entered: 04/01/2010)
2010-04-01
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 39 Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document), 40 Declaration,,, (Schmitt, Marshall) (Entered: 04/01/2010)
2010-04-01
1
Declaration of Christopher C. Davis filed by Plaintiff Learning Curve Brands, Inc. re: 39 Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - Excerpts from Keimach depo transcript, # 2 Exhibit 2 - Excerpts from Hatherill depo transcript, # 3 Exhibit 3 - Plaintiff's First RFPD, # 4 Exhibit 4 - Plaintiff's Second RFPD, # 5 Exhibit 5 - Defendant's First Rog Response, # 6 Exhibit 6 - Excerpts from Dunn depo transcript, # 7 Text of Proposed Order 7 - Excerpts from Hatherill depo transcript, # 8 Exhibit 8 - Plaintiff's Depo Exhibit 10, # 9 Exhibit 9 - Plaintiff's Depo Exhibit 29) (Schmitt, Marshall) (Entered: 04/02/2010)
2010-04-02
1
Motion to Compel Plaintiff to Provide Deposition Dates by Defendant Munchkin, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker.Response due 4/12/2010. (Benkers, Josephine) (Entered: 04/05/2010)
2010-04-05
1
Declaration of Josephine K. Benkers filed by Defendant Munchkin, Inc. re: 43 Motion to Compel Plaintiff to Provide Deposition Dates filed by Munchkin, Inc. (Attachments: # 1 Exhibit Rule 30(b)(6) Notice, # 2 Exhibit E-mail., # 3 Exhibit Rule 30(b)(6) Objections, # 4 Exhibit E-mail, # 5 Exhibit Discovery Letter, # 6 Exhibit Discovery Letter, # 7 Exhibit Discovery Letter, # 8 Exhibit Discovery Letter, # 9 Exhibit Deposition Notice, # 10 Exhibit E-mail) (Benkers, Josephine) Modified on 4/6/2010; cert. of service requested (mmo). (Entered: 04/05/2010)
2010-04-05
1
Certificate of Service by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re 43 Motion to Compel Plaintiff to Provide Deposition Dates, 44 Declaration,, (Benkers, Josephine) (Entered: 04/06/2010)
2010-04-06
1
Notice of Appearance and Notice of Substitution filed by Marshall John Schmitt for Plaintiff Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 04/06/2010)
2010-04-06
1
Brief in Opposition by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 39 Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) filed by Learning Curve Brands, Inc. (Sealed Document) (Benkers, Josephine) (Entered: 04/08/2010)
2010-04-08
1
Declaration of Josephine K. Benkers filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 39 Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) filed by Learning Curve Brands, Inc. (Benkers, Josephine) (Entered: 04/08/2010)
2010-04-08
1
Declaration of Tina Kincaid filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 39 Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) Motion to Compel Discovery Relating to Munchkin's Equitable Estoppel Defense (Sealed Document) filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - 2.24.10 Steven Dunn Dep Transcript, # 2 Exhibit 2 - Documents Bates Labeled M56-80 (part 1), # 3 Exhibit 2 - Document Bates labeled M56-80 (part 2), # 4 Exhibit 3 - Documents Bates Labled M21-22, # 5 Exhibit 4 - Munchkin's Responses to 1st Interrogatories, # 6 Exhibit 5 - Learning Curves Responses to 1st Interrogatories, # 7 Exhibit 6 - 3.25.10 Letter from Snyder to Schmitt, # 8 Exhibit 7 -- 3.30.10 Letter from Snyder to Schmitt) (Benkers, Josephine) (Entered: 04/08/2010)
2010-04-08
1
Disregard-refiled as doc. #52; asked to refile with attachments attached separately. (mmo) (Entered: 04/09/2010)
2010-04-09
1
Expert Report of Timothy A. Shedd, PH.D. by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit A - CV, # 2 Exhibit B - CAD Pictures, # 3 Exhibit C - Dictionary Definition, # 4 Exhibit D - Article, # 5 Exhibit E - Table Re Expansion, # 6 Exhibit F - Article, # 7 Exhibit G - Article, # 8 Certificate of Service) (Benkers, Josephine) (Entered: 04/09/2010)
2010-04-09
1
Expert Report of Dr. Mark E. Meitzen by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - Munchkin Monthly Sales of AP, # 2 Exhibit 2 - Accused Revenue, # 3 Exhibit 3 - Percent of Accused Revenue, # 4 Exhibit 4 - Previously Accused Revenue, # 5 Exhibit 5 - Percent of Previously Accused Revenue, # 6 Exhibit 6 - Revenue, Cost of Goods and Royalties for AP, # 7 Exhibit 7 - Munchkin Infant Division Rev, # 8 Exhibit 8 - Munchkin Net Operating Profit, # 9 Exhibit 9 - Accused Sales Totals, # 10 Exhibit 10 - Damages by AP, # 11 Exhibit 11 - Resume, # 12 Certificate of Service) (Benkers, Josephine) (Entered: 04/12/2010)
2010-04-12
1
Brief in Opposition by Plaintiff Learning Curve Brands, Inc. re: 43 Motion to Compel Plaintiff to Provide Deposition Dates filed by Munchkin, Inc. (Schmitt, Marshall) (Entered: 04/12/2010)
2010-04-12
1
** TEXT ONLY ORDER **At an April 14, 2010 telephonic hearing the court denied as moot defendant's motion to compel depositions 43, but extended the deadline for summary judgment motions to May 14, 2010. The parties are to work together to ensure that the necessary depositions occur prior to May 14 so that they may be used during motions practice. The court reset the telephonic hearing on defendant's motion to compel 39 to April 16, 2010 at 9:30, with plaintiff responsible for placing the conference call to chambers. Signed by Magistrate Judge Stephen L. Crocker on 4/14/10. (krj) (Entered: 04/14/2010)
2010-04-14
1
** TEXT ONLY ORDER **At an April 16, 2010 telephonic hearing, the court granted in part and denied in part 39 plaintiff's motion to compel disclosure of equitable estoppel evidence. The parties are to be guided by the court's directions at the hearing. If further court direction is needed on this particular topic, the parties may seek expedited relief by contacting chambers. Signed by Magistrate Judge Stephen L. Crocker on 4/16/10. (krj) (Entered: 04/16/2010)
2010-04-16
1
Transcript of Telephonic Motion Hearing, held 4/16/10 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see Electronic Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered: 04/20/2010)
2010-04-20
1
Transcript of Telephonic Motion Hearing, held 4/14/10 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see Electronic Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered: 04/20/2010)
2010-04-20
1
Supplemental Expert Report of Timothy A. Shedd, Phd by Defendant Munchkin, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 05/02/2010)
2010-05-02
1
Deposition of Andrew Keimach taken on 02-26-2010 (Sealed Document) (Schmitt, Marshall) (Entered: 05/03/2010)
2010-05-03
1
Deposition of Steven Dunn taken on 02-24-2010 (Sealed Document) (Schmitt, Marshall) (Entered: 05/03/2010)
2010-05-03
1
Deposition of Margret Hardin taken on 02-25-2010 (Sealed Document) (Schmitt, Marshall) (Entered: 05/03/2010)
2010-05-03
1
Deposition of Mark Hatherill (Vol. 1) taken on 02-23-2010 (Sealed Document) (Schmitt, Marshall) Modified on 5/4/2010 (mmo). (Entered: 05/03/2010)
2010-05-03
1
Deposition of Mark Hatherill (Vol. 2) taken on 02-26-2010 (Sealed Document) (Schmitt, Marshall) Modified on 5/4/2010 (mmo). (Entered: 05/03/2010)
2010-05-03
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 61 Deposition, 60 Deposition, 59 Deposition, 62 Deposition, 63 Deposition (Schmitt, Marshall) (Entered: 05/03/2010)
2010-05-03
1
Motion for Leave to File First Amended Complaint by Plaintiff Learning Curve Brands, Inc.. (Attachments: # 1 Exhibit A - Proposed First Amended Complaint) (Schmitt, Marshall) (Entered: 05/12/2010)
2010-05-12
1
Brief in Support by Plaintiff Learning Curve Brands, Inc. re: 65 Motion for Leave to File First Amended Complaint filed by Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 05/12/2010)
2010-05-12
1
MOTION FOR SUMMARY JUDGMENT by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc.. Brief in Opposition due 6/4/2010. Brief in Reply due 6/14/2010. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc..Response due 5/21/2010. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
Brief in Support by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
Declaration of Timothy A. Shedd, Ph.D. filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc., 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit A - CV, # 2 Exhibit B - Shedd Report part 1, # 3 Exhibit B - Shedd Report part 2, # 4 Exhibit B - Shedd Report part 3, # 5 Exhibit C - Shedd Supp Report, # 6 Exhibit D - Osswald Dep. Exh. 24, # 7 Certificate of Service) (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
Declaration of Andrew Keimach filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
Declaration of Tina Kincaid filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc., 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - U.S. Patent No. 7,185,784, # 2 Exhibit 2 - 3.12.10 Osswald Expert Report, # 3 Exhibit 3 - 4.22.10 Osswald Supp Report, # 4 Exhibit 4 - Osswald Decl, # 5 Exhibit 5 - Osswald Deposition, # 6 Exhibit 6 - Medeiros Transcript, # 7 Exhibit 7 - Shedd Dep Transcript, # 8 Exhibit 8 - Roldan Rough Dep Transcript, # 9 Exhibit 9 - LC's Responses to Munchkin's Interrogatories, # 10 Exhibit 10 - 3.12.10 Letter from Schmitt, # 11 Exhibit 11 - 2.17.10 letter from Gollwitzer, # 12 Exhibit 12 - 2.22.10 letter from Snyder, # 13 Exhibit 13 - 2.3.10 Letter from Kincaid, # 14 Exhibit 14 - LC's First Request for Docs, # 15 Exhibit 15 - Munchkin's Resp to LC's Request for Docs, # 16 Exhibit 16 - Hatherill Vol 1 Dep Transcript, # 17 Exhibit 17 - 4.5.10 E-Mail between Benkers and Davis, # 18 Exhibit 18 - 4.22.10 email, # 19 Exhibit 19 - 4.27.10 Letter from Davis to Benkers, # 20 Exhibit 20 - Taylor Dep Transcript, # 21 Exhibit 21 - Assignment Taylor Dep Ex 2, # 22 Exhibit 22 - 11.4.08 Email from Heneghan to Knoble, # 23 Exhibit 23 - 4.2.10 Letter from Davis to Benkers, # 24 Exhibit 24 - '324 Patent, # 25 Certificate of Service) (Benkers, Josephine) Modified on 5/18/2010; complete depositions (not excerpts) should be filed as separate documents. (mmo). (Entered: 05/14/2010)
2010-05-14
1
Proposed Findings of Fact filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
Brief in Support by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 05/14/2010)
2010-05-14
1
MOTION FOR SUMMARY JUDGMENT by Plaintiff Learning Curve Brands, Inc.. Brief in Opposition due 6/4/2010. Brief in Reply due 6/14/2010. (Schmitt, Marshall) (Entered: 05/14/2010)
2010-05-14
1
Brief in Support by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 05/14/2010)
2010-05-14
1
Disregard-refiled as doc. #82; asked to refile with "s/" signature page. (mmo). (Entered: 05/14/2010)
2010-05-15
1
Affidavit of Marshall J. Schmitt filed by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - United States Patent No. 6,976,604 dated December 20, 2005, # 2 Exhibit 2 - Excerpts of Deposition transcript of Curtis W. Stoelting taken March 26, 2010, # 3 Exhibit 3 - Excerpts of Deposition transcript of John L. Knoble taken April 28, 2010, # 4 Exhibit 4 - Excerpts of Deposition transcript of Timothy A. Shedd, Ph.D. taken May 7, 2010, # 5 Exhibit 5 - Plaintiffs First Set of Requests for Production of Documents to Munchkin, Inc. dated November 16, 2007, # 6 Exhibit 6 - Plaintiffs First Set of Interrogatories to Munchkin, Inc. dated February 29, 2008, # 7 Exhibit 7 - Plaintiffs Second Set of Requests for Production of Documents to Munchkin, Inc. dated February 29, 2008, # 8 Exhibit 8 - Letter from John L. Knoble, Knoble Yoshida & Dunleavy, to Thomas P. Heneghan, Michael Best & Friedrich, dated March 27, 2008, # 9 Exhibit 9 - Munchkin, Inc.s Objections and Responses to Plaintiffs First Set of Interrogatories dated March 28, 2008, # 10 Exhibit 10 - Wendy M. Ward, Michael Best & Friedrich, to John L. Knoble, Knoble Yoshida & Dunleavy, dated July 23, 2008, # 11 Exhibit 11 - Munchkin, Inc.s First Supplemental Responses to Plaintiffs First Set of Interrogatories, # 12 Exhibit 12 - Plaintiff Learning Curves First Set of Requests for Production dated December 10, 2009, # 13 Exhibit 13 - Defendant Munchkin, Incs Responses to Plaintiff Learning Curves First Set of Interrogatories to Defendant Munchkin Nos. 1-3, 5-10 and 12-20 dated January 25, 2010, # 14 Exhibit 14 - Defendant Munchkin, Inc.s Responses to Plaintiff Learning Curves First Set of Requests for Admission dated April 12, 2010, # 15 Exhibit 15 - Email correspondence between Steven Dunn and Curtis Stoelting, # 16 Exhibit 16 - Munchkin Twist Tight Reusable Cups, # 17 Exhibit 17 - Tool Plan dated February 14, 2008, # 18 18 - Concept drawings bearing bates numbers MUN 11635 MUN 11658, # 19 Exhibit 19 - Email correspondence between John L. Knoble and Thomas P. Heneghan dated September 12, 2008, # 20 Exhibit 20 - Munchkin Purchase Order No. 7797 dated February 18, 2008, # 21 Exhibit 21 - Munchkin/Bamboo Creative Art Request Form dated January 14, 2008, # 22 Exhibit 22 - Spreadsheet bearing bates numbers M03426 M03436, # 23 Exhibit 23 - Munchkin email dated August 18, 2008, # 24 Exhibit 24 - Email correspondence between Steven Dunn and Markwise Plastics dated December 13, 2007, # 25 Exhibit 25 - Steven Dunn to Curt Stoelting dated February 24, 2008, # 26 Exhibit 26 - Email correspondence between Thomas Heneghan and John Knoble dated May 20, 2008, # 27 Exhibit 28 - Letter from Thomas P. Heneghan to John L. Knoble dated May 22, 2008, # 28 Exhibit 28 - Letter from Thomas P. Heneghan to John L. Knoble dated June 4, 2008, # 29 Exhibit 29 - Email correspondence between Thomas P. Heneghan and John L. Knoble dated November 4, 2008, # 30 Exhibit 30 - Munchkin Cups presentation dated December 13, 2007, # 31 Exhibit 31 - Marketing Information Sheet dated March 12, 2008, # 32 Exhibit 32 - Munchkin email correspondence dated May 15, 2008, # 33 Exhibit 33 - SKU Sales Units by Year, # 34 Exhibit 34 - Munchkin email correspondence dated April 29, 2008, # 35 Exhibit 35 - Munchkin email correspondence dated May 9, 2008, # 36 Exhibit 36 - Target Class 4 & 5 Review presentation dated May 6, 2008, # 37 Exhibit 37 - Munchkin internal email correspondence dated May 28, 2008, # 38 Exhibit 38 - Munchkin Wal-Mart Feeding Presentation dated May 8, 2008, # 39 Exhibit 39 - Federal Express invoices bearing bates numbers Knoble00205 Knoble00208, # 40 Exhibit 40 - Email correspondence between Steven Dunn and John Knoble dated September 16, 2008, # 41 Exhibit 41 - International Patent Publication No. WO 03/030695 A1 dated April 17, 2003, # 42 Exhibit 42 - German Patent No. 1 955 162 dated May 13, 1971, # 43 Exhibit 43 - United States Patent No. 6,170,696, # 44 Exhibit 44 - United States Patent No. 3,773,207, # 45 Exhibit 45 - Excerpt from the video deposition of Mark Hatherill taken February 23, 2010, # 46 Exhibit 46 - Excerpt from the video deposition of Timothy A. Shedd, Ph.D. taken May 7, 2010, # 47 Exhibit 47 - Expense statement submitted by Thomas P. Heneghan for an expense incurred on September 12, 2008) (Schmitt, Marshall) (Entered: 05/15/2010)
2010-05-15
1
Declaration of Patricia L. Kusenberger filed by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 05/15/2010)
2010-05-15
1
Declaration of Tim A. Osswald filed by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - Dr. Tim Osswald CV, # 2 Exhibit 2 - List of Cases in which Dr. Osswald has testifed, # 3 Exhibit 3 - Dr. Osswald's Expert Report dated 3/12/2010, # 4 Exhibit 4 - Dr. Osswald's Supplemental Report 4/22/2010) (Schmitt, Marshall) (Entered: 05/15/2010)
2010-05-15
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 75 MOTION FOR SUMMARY JUDGMENT, 78 Affidavit, 80 Declaration, 76 Brief in Support, 77 Proposed Findings of Fact, 79 Declaration (Schmitt, Marshall) Modified on 5/18/2010 (mmo). (Entered: 05/15/2010)
2010-05-15
1
Proposed Findings of Fact filed by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 05/17/2010)
2010-05-17
1
Exhibits 45 and 46 to 78 Affidavit of Marshall J. Schmitt filed by Learning Curve Brands, Inc. (CD containing excerpts of video depositions of Mark Hatherill and Timothy A. Shedd filed in open file area of exhibit room.) (krj) (Entered: 05/18/2010)
2010-05-17
1
Brief in Opposition by Defendant Munchkin, Inc. re: 65 Motion for Leave to File First Amended Complaint filed by Learning Curve Brands, Inc., Response to Motion (Benkers, Josephine) (Entered: 05/19/2010)
2010-05-19
1
Declaration of Josephine K. Benkers filed by Defendant Munchkin, Inc. In Support of Response re: 65 Motion for Leave to File First Amended Complaint filed by Learning Curve Brands, Inc. (Attachments: # 1 Exhibit Discovery Requests, # 2 Exhibit Discovery Requests, # 3 Exhibit Letter, # 4 Exhibit Letter) (Benkers, Josephine) (Entered: 05/19/2010)
2010-05-19
1
Motion to Amend Briefing Schedule to Set a Reply Date by Plaintiff Learning Curve Brands, Inc., Counter Defendant Learning Curve Brands, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker.Response due 5/27/2010. (Schmitt, Marshall) (Entered: 05/20/2010)
2010-05-20
1
** TEXT ONLY ORDER **ORDER granting 86 motion to amend briefing schedule to allow filing of reply brief in support of 65 motion to amend complaint. Brief in Reply due 5/28/2010. Signed by Magistrate Judge Stephen L. Crocker on 5/21/10. (krj) (Entered: 05/21/2010)
2010-05-21
1
Brief in Opposition by Plaintiff Learning Curve Brands, Inc. re: 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 05/21/2010)
2010-05-21
1
Declaration of Marshall J. Schmitt filed by Plaintiff Learning Curve Brands, Inc. In Support of Learning Curve's Opposition re: 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - TFY's 1st RFPD to Munchkin 16 NOV 2007, # 2 Exhibit 2 - TFY's 2nd RFPD to Munchkin 29 FEB 2008, # 3 Exhibit 3 - Settlement Agreement 18 SEP 2008, # 4 Exhibit 4 - Dep. Tr. of J. Knoble 28 APR 2010, # 5 Exhibit 5 - Email from T. Heneghan to J. Knoble 04 NOV 2008, # 6 Exhibit 6 - LC's 1st RFPD to Munchkin 10 DEC 2009, # 7 Exhibit 7 - Letter from J. Benkers to A. Gollwitzer 04 Feb 2010, # 8 Exhibit 8 - Letter from P. Kusenberger to Dr. Osswald 12 Feb 2010, # 9 Exhibit 9 - Expert report of Dr. Osswald 12 MAR 2010, # 10 Exhibit 10 - Invoice No. 5358 dated March 15, 2010 [LC014358], # 11 Exhibit 11 - Dep. Tr. of A. Roldan 10 MAY 2010, # 12 Exhibit 12 - Letter from A. Gollwitzer to J. Benkers 17 Feb 2010, # 13 Exhibit 13 - Letter from M. Snyder to A. Gollwitzer 22 Feb 2010, # 14 Exhibit 14 - Supplemental Expert Report of Dr. Osswald 22 APR 2010, # 15 Exhibit 15 - Letter from M. Schmitt to J. Knoble and J. Benkers 12 Mar 2010, # 16 Exhibit 16 - Letter from M. Snyder to M. Schmitt 25 Mar 2010, # 17 Exhibit 17 - Letter from C. Davis to J. Benkers 02 Apr 2010, # 18 Exhibit 18 - Dep. Tr. of T. Osswald 27 APR 2010, # 19 Exhibit 19 - Dep. Tr. of T. Shedd 07 MAY 2010, # 20 Exhibit 20 - Email from J. Benkers to M. Schmitt 08 May 2010, # 21 Exhibit 21 - Email from M. Schmitt to J. Benkers 06 May 2010, # 22 Exhibit 22 - Letter from J. Benkers to T. Shedd 06 APR 2010, # 23 Exhibit 23 - Email from J. Benkers to M. Schmitt 26 Apr 2010, # 24 Exhibit 24 - Letter from C. Davis to J. Benkers 27 Apr 2010) (Schmitt, Marshall) (Entered: 05/21/2010)
2010-05-21
1
Declaration of Lori L. Martinelli filed by Plaintiff Learning Curve Brands, Inc. In Support of Learning Curve's Opposition re: 68 Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) Motion to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report Pursuant to Fed. R. Civ. P. 37(B) filed by Munchkin, Inc. (Schmitt, Marshall) (Entered: 05/21/2010)
2010-05-21
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 89 Declaration,,,,,,,, 90 Declaration, 88 Brief in Opposition, (Schmitt, Marshall) (Entered: 05/21/2010)
2010-05-21
1
Motion for Leave to File Reply Brief in Support of Its Motion for Sanctions and to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report (Sealed Document) by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc.. (Attachments: # 1 Exhibit A - Reply Brief in Support of Motion for Sanctions and to Strike Plaintiff's Supplement to Dr. Osswald's Expert Report, # 2 Exhibit B - Declaration of Timothy Shedd in Support of Reply Brief, # 3 Exhibit C - Declaration of Josephine K. Benkers in Support of Reply Brief, # 4 Exhibit C1 - Munchkin's First Request for Documents, # 5 Exhibit C2 - 3.17.10 Letter from Snyder to Schmitt, # 6 Exhibit C3 - 3.25.10 Letter from Snyder to Schmitt, # 7 Exhibit C4 - 3.30.10 Letter from Snyder to Schmitt, # 8 Exhibit C5 - 4.5.10 Davis Email, # 9 Exhibit C6 - 4.6.10 Cover letter to Shedd, # 10 Exhibit C7 - Dep Transcript of Shedd, # 11 Exhibit C8 - Munchkin's Objections to 1st Document Requests dated 12.27.07, # 12 Exhibit C9 - 4.22.10 Supp Expert Report of Osswald, # 13 Certificate of Service) (Benkers, Josephine) Modified on 5/27/2010; asked to refile Depo. of Tim Shedd as separate document (mmo). (Entered: 05/26/2010)
2010-05-26
1
Brief in Reply in Support re: 65 Motion for Leave to File First Amended Complaint filed by Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 05/28/2010)
2010-05-28
1
Declaration of Marshall J. Schmitt filed by Plaintiff Learning Curve Brands, Inc. In Support Of Learning Curve's Reply re: 65 Motion for Leave to File First Amended Complaint filed by Learning Curve Brands, Inc. (Attachments: # 1 Exhibit 1 - J. Benkers Voice Mail Message 12 MAY 2010, # 2 Exhibit 2 - Excerpt of T. Osswald Dep. dated 27 APR 2010) (Schmitt, Marshall) (Entered: 05/28/2010)
2010-05-28
1
Exhibit 5 - Description of Inveon imaging system re: 80 Declaration, re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) Created link to motion on 6/3/2010 (Friedl, Joanne). (Entered: 06/02/2010)
2010-06-02
1
Deposition of John L. Knoble taken on April 28, 2010 (Sealed Document) (Schmitt, Marshall) (Entered: 06/03/2010)
2010-06-03
1
Motion to Strike 80 Declaration, by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc..Response due 6/11/2010. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Brief in Support by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 97 Motion to Strike 80 Declaration, filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit A - 5.15.10 Osswald Declaration, # 2 Exhibit B - Chart, # 3 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Declaration of Steven Dunn filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. in Opposition to re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit A - Agreement, # 2 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Declaration of Andrew Kleimach filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. in Opposition to re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Response to Proposed Findings of Fact filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Proposed Findings of Fact filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Brief in Opposition by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Second Declaration of Tina Kincaid filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - Emails, # 2 Exhibit 2 - Document Production, # 3 Exhibit 3 - Emails, # 4 Exhibit 4 - Proposal, # 5 Exhibit 5 - LC 30b6 Transcript, # 6 Exhibit 6 - OMG1-5, # 7 Exhibit 7 - LC4005, # 8 Exhibit 8 - 2.24.10 Dunn Dep, # 9 Exhibit 9 - 12.27.07 Discovery, # 10 Exhibit 10 - 2.12.08 Letter, # 11 Exhibit 11 - 2.22.08 Letter, # 12 Exhibit 12 - 4.18.08 Osswald Report, # 13 Exhibit 13 - 2.1.08 Discovery, # 14 Exhibit 14 - 3.14.08 Letter, # 15 Exhibit 15 - 2.29.08 Letter, # 16 Exhibit 16 - 3.20.08 letter, # 17 Exhibit 17 - 8.19.08 Johnson Transcript, # 18 Exhibit 18 - MUN7335-7337, # 19 Exhibit 19 - Email, # 20 Exhibit 20 - Emails, # 21 Exhibit 21 - Chart, # 22 Exhibit 22 - MUN7256-7257, # 23 Exhibit 23 - Marketing Information, # 24 Exhibit 24 - MUN7244-7254, # 25 Exhibit 25 - 2.16.10 Keimach Transcript, # 26 Exhibit 26 - Emails, # 27 Exhibit 27 - 7.15.08 Hatherill Transcript, # 28 Exhibit 28 - 5.30.08 Meitzen Report, # 29 Exhibit 29 - 8.12.08 Meitzen Transcript, # 30 Exhibit 30 - 4.18.10 Knoble Transcript, # 31 Exhibit 31 - MUN11635-658, # 32 Exhibit 32 - Settlement Agreement, # 33 Exhibit 33(a) - 8.14.09 Osswald Transcript, # 34 Exhibit 33b - 8.14.09 Osswald Transcript, # 35 Exhibit 33c - 8.14.09 Osswald Transcript, # 36 Exhibit 33d - 8.14.09 Osswald Transcript, # 37 Exhibit 34 - Supp Disc Response, # 38 Exhibit 35 - 6.2.10 Osswald Rough Transcript, # 39 Exhibit 36 - 5.28.10 Heneghan Transcript, # 40 Exhibit 37 - 4.21.08 Email, # 41 Exhibit 38 - 6.2.10 Dunn Rough Transcript, # 42 Exhibit 39 - LC 4338-39, LC 4331-32, # 43 Exhibit 40 - LC 13360-62, # 44 Exhibit 41 - Heneghan Dep Exh. 4, # 45 Exhibit 42 - Straw Cup, # 46 Exhibit 43 - Discovery Resp, # 47 Certificate of Service) (Benkers, Josephine) Modified on 6/8/2010; Depositions of Stoelting, Meitzen, Osswald, Heneghan and Dunn will be filed separately at a later date when they are completed. (mmo). (Entered: 06/04/2010)
2010-06-04
1
Declaration of John L. Knoble filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - MUN11635-11658, # 2 Exhibit 2 - Email, # 3 Exhibit 3 - Draft Agreement, # 4 Exhibit 4 - Draft Agreement, # 5 Exhibit 5 - Draft Agreement, # 6 Certificate of Service) (Benkers, Josephine) (Entered: 06/04/2010)
2010-06-04
1
Declaration of Tim A. Osswald filed by Plaintiff Learning Curve Brands, Inc. Declaration Of Tim A. Osswald, Ph.D., In Support Of Learning Curves Opposition To Defendant Munchkin, Inc.S Motion For Summary Judgment re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - T. Osswald June 4 Decl. - Sponge Bob Cup) (Schmitt, Marshall) (Entered: 06/04/2010)
2010-06-04
1
Motion to Strike 51 Expert Report, 58 Expert Report, 70 Declaration,,, (Sealed Document) by Plaintiff Learning Curve Brands, Inc..Response due 6/14/2010. (Schmitt, Marshall) (Entered: 06/05/2010)
2010-06-05
1
Brief in Support by Plaintiff Learning Curve Brands, Inc. re: 107 Motion to Strike 51 Expert Report, 58 Expert Report, 70 Declaration,,, (Sealed Document) filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/05/2010)
2010-06-05
1
Brief in Opposition by Plaintiff Learning Curve Brands, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/05/2010)
2010-06-05
1
Response to Proposed Findings of Fact filed by Plaintiff Learning Curve Brands, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/05/2010)
2010-06-05
1
Declaration of Marshall J. Schmitt filed by Plaintiff Learning Curve Brands, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit 48 - Letter from C. Davis to J. Benkers, # 2 Exhibit 49 - Shedd Deposition 5/7/10 Excerpts, # 3 Exhibit 50 - Osswald Deposition 4/27/10 Excerpts, # 4 Exhibit 51 - Learning Curve's Supplement Responses to Munchkin's Interrogatories, # 5 Exhibit 52 - Medeiros Deposition 4/23/10 Excerpts, # 6 Exhibit 53 - DICOM File Metadata, # 7 Exhibit 54 - Roldan Deposition 5/10/10 Excerpts, # 8 Exhibit 55 - Osswald Deposition 6/2/10 Excerpts, # 9 Exhibit 56 - Claim Construction Order, # 10 Exhibit 57 - Osswald Declaration, # 11 Exhibit 58 - Email from J. Benker to M. Schmitt 5/8/10, # 12 Exhibit 59 - Dkt # 294 in Case No. 07-cv-0558) (Schmitt, Marshall) (Entered: 06/05/2010)
2010-06-05
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 107 Motion to Strike 51 Expert Report, 58 Expert Report, 70 Declaration,,, (Sealed Document), 111 Declaration,,, 109 Brief in Opposition, 110 Response to Proposed Findings of Fact, 106 Declaration, 108 Brief in Support, (Schmitt, Marshall) (Entered: 06/05/2010)
2010-06-05
1
Deposition of Timothy A. Shedd taken on May 7, 2010 (Sealed Document) (Schmitt, Marshall) (Entered: 06/11/2010)
2010-06-11
1
Brief in Opposition by Plaintiff Learning Curve Brands, Inc. re: 97 Motion to Strike 80 Declaration, filed by Munchkin, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/11/2010)
2010-06-11
1
Declaration of Marshall J. Schmitt filed by Plaintiff Learning Curve Brands, Inc. In Support Of Learning Curve's Opposition To Defendant Munchkin, Inc.'s Motion For Sanctions And To Strike Portions Of The Declaration Of Tim A. Osswald, Ph.D. In Support Of Learning Curve's Motion For Summary Judgment re: 97 Motion to Strike 80 Declaration, filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - T. Osswald Dep. Tr. 27 APR 2010, # 2 Exhibit 2 - T. Osswald Dep. Tr. 02 JUN 2010, # 3 Exhibit 3 - Cross-reference of Corrected Osswald Declaration to Osswald Report and Supplement) (Schmitt, Marshall) (Entered: 06/11/2010)
2010-06-11
1
Declaration of Tim A. Osswald, Ph.D., filed by Plaintiff Learning Curve Brands, Inc. In Support Of Learning Curve's Opposition To Defendant Munchkin, Inc.'s Motion For Sanctions And To Strike Portions Of The Declaration Of Tim A. Osswald, Ph.D. In Support Of Learning Curve's Motion For Summary Judgment re: 97 Motion to Strike 80 Declaration, filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit A - CORRECTED T. Osswald Decl ISO SJ Infringement, # 2 Exhibit B - Comparison of ORIGINAL vs. CORRECTED T. Osswald Decl ISO SJ, # 3 Exhibit C - Arcs.docx, # 4 Exhibit D - Arcs-trainer.docx) (Schmitt, Marshall) (Entered: 06/11/2010)
2010-06-11
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 115 Declaration,, 114 Brief in Opposition, 116 Declaration,, (Schmitt, Marshall) (Entered: 06/11/2010)
2010-06-11
1
Brief in Opposition by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 107 Motion to Strike 51 Expert Report, 58 Expert Report, 70 Declaration filed by Learning Curve Brands, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Declaration of Timothy A. Shedd, Ph.D. filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 107 Motion to Strike 51 Expert Report, 58 Expert Report, 70 Declaration filed by Learning Curve Brands, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Brief in Reply in Support re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Reply in Support of Proposed Findings of Fact filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Response to Proposed Findings of Fact filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Response to Plaintiff's Additional Proposed Findings of Fact) (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Declaration of Mark Hatherill filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Third Declaration of Tina Kincaid filed by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 67 MOTION FOR SUMMARY JUDGMENT filed by Munchkin, Inc. (Sealed Document) (Attachments: # 1 Exhibit 1 - Roldan Dep Transcript, # 2 Exhibit 2 - Osswald 8.11.08 Dep Transcript, # 3 Exhibit 3 - Dunn 6.2.10 Dep Transcript, # 4 Exhibit 4 - Osswald Dep Transcript, # 5 Exhibit 5 - LC14362-420, # 6 Exhibit 7 - 5.18.10 Letter, # 7 Exhibit 8 - 5.24.10 Letter, # 8 Exhibit 9 - 4.26.10 Email, # 9 Certificate of Service) (Benkers, Josephine) (Entered: 06/14/2010)
2010-06-14
1
Brief in Reply in Support re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/14/2010)
2010-06-14
1
Reply in Support of Proposed Findings of Fact filed by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/14/2010)
2010-06-14
1
Response to Proposed Findings of Fact filed by Plaintiff Learning Curve Brands, Inc. re: 75 MOTION FOR SUMMARY JUDGMENT filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/14/2010)
2010-06-14
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 125 Brief in Reply, 127 Response to Proposed Findings of Fact, 126 Reply in Support of Proposed Findings of Fact (Schmitt, Marshall) (Entered: 06/15/2010)
2010-06-15
1
Brief in Reply in Support re: 97 Motion to Strike 80 Declaration, filed by Munchkin, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/18/2010)
2010-06-18
1
Deposition of Curtis W. Stoelting taken on March 26, 2010 (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/22/2010)
2010-06-22
1
Deposition of Jody Taylor taken on April 21, 2010 (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/22/2010)
2010-06-22
1
Deposition of David Mederios taken on April 23, 2010 (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/22/2010)
2010-06-22
1
Deposition of Timothy A. Osswald taken on April 27, 2010 (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/22/2010)
2010-06-22
1
Deposition of Alejandro Roldan taken on May 10, 2010 (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 06/22/2010)
2010-06-22
1
Motion to Strike 123 Declaration, 122 Response to Proposed Findings of Fact, 120 Brief in Reply by Plaintiff Learning Curve Brands, Inc. Response due 7/6/2010. (Schmitt, Marshall) (Entered: 06/28/2010)
2010-06-28
1
Brief in Support by Plaintiff Learning Curve Brands, Inc. re: 135 Motion to Strike 123 Declaration, 122 Response to Proposed Findings of Fact, 120 Brief in Reply filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/28/2010)
2010-06-28
1
Declaration of Marshall J. Schmitt filed by Plaintiff Learning Curve Brands, Inc. re: 135 Motion to Strike 123 Declaration, 122 Response to Proposed Findings of Fact, 120 Brief in Reply filed by Learning Curve Brands, Inc. (Sealed Document) (Schmitt, Marshall) (Entered: 06/28/2010)
2010-06-28
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 136 Brief in Support, 137 Declaration, 135 Motion to Strike (Schmitt, Marshall) Modified on 6/29/2010 (mmo). (Entered: 06/28/2010)
2010-06-28
1
Motion for Leave to File Reply In Support Of Learning Curve's Motion To Exclude the Testimony of Dr. Timothy A Shedd (Sealed Document) by Plaintiff Learning Curve Brands, Inc.. (Attachments: # 1 Exhibit A - [PROPOSED] Reply In Support Of Its Motion To Exclude the Testimony of Dr. Timothy A Shedd) (Schmitt, Marshall) Modified on 7/7/2010; see #141 for corrected Exhibit A. (mmo). (Entered: 07/02/2010)
2010-07-02
1
Brief in Opposition by Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. re: 135 Motion to Strike 123 Declaration, 122 Response to Proposed Findings of Fact, 120 Brief in Reply filed by Learning Curve Brands, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 07/06/2010)
2010-07-06
1
Corrected Exhibit A to 139 Motion for Leave to File, filed by Learning Curve Brands, Inc. [PROPOSED] Reply In Support Of Learning Curve's Motion To Exclude the Testimony of Dr. Timothy A Shedd (Sealed Document) (Attachments: # 1 Cover Letter from M. Schmitt to Clerk of Court 6 JUL 2010) (Schmitt, Marshall) Modified on 7/7/2010; changed event wording (mmo). (Entered: 07/06/2010)
2010-07-06
1
Deposition of Steven B. Dunn taken on June 2, 2010 (Sealed Document) (Schmitt, Marshall) (Entered: 07/13/2010)
2010-07-13
1
LETTER re:corrections on documents by Plaintiff Learning Curve Brands, Inc. Amendment to 78 Affidavit, 115 Declaration,, 111 Declaration, 82 Proposed Findings of Fact, 114 Brief in Opposition, 80 Declaration, 76 Brief in Support, 126 Reply in Support of Proposed Findings of Fact (Schmitt, Marshall) Modified on 7/26/2010; changed event wording (mmo). (Entered: 07/23/2010)
2010-07-23
1
Learning Curves Corrected Memorandum In Support Of it's 75 Motion For Summary Judgment Regarding Infringement And Munchkins Equitable Defenses, by Plaintiff Learning Curve Brands, Inc. (see Letter 143 Amended Document), 76 Brief in Support Sealed Document (Schmitt, Marshall) Modified on 7/26/2010 (mmo). 010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Learning Curve's Corrected Proposed Findings Of Fact In Support Of Its 75 Motion For Summary Judgment Regarding Infringement And Munchkin's Equitable Defenses by Plaintiff Learning Curve Brands, Inc.. Amendment to 82 Proposed Findings of Fact, (See Letter 143 Amended Document) Sealed Document (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Exhibit to 78 Affidavit filed by Learning Curve Brands, Inc., see 143 Amended Document filed by Learning Curve Brands, Inc. Replacement Exhibit 16 (Sealed Document) (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Exhibit to 78 Affidavit filed by Learning Curve Brands, Inc., 143 Amended Document, filed by Learning Curve Brands, Inc. Replacement Exhibit 17 (Sealed Document) (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Exhibit to 78 Affidavit filed by Learning Curve Brands, Inc., 143 Amended Document, filed by Learning Curve Brands, Inc. Replacement Exhibit 30 (Sealed Document) (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Exhibit to 78 Affidavit filed by Learning Curve Brands, Inc., 143 Amended Document, filed by Learning Curve Brands, Inc. Replacement Exhibit 36 (Sealed Document) (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Exhibit to 78 Affidavit filed by Learning Curve Brands, Inc., 143 Amended Document, filed by Learning Curve Brands, Inc. Replacement Exhibit 38 (Sealed Document) (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Corrected Declaration Of Tim A. Osswald, Ph.D. in Support Of Learning Curve's 75 Motion For Summary Judgment Of Infringement, Amendment to 80 Declaration, (see 143 Amended Letter) by Plaintiff Learning Curve Brands, Inc. Sealed Document (Attachments: # 1 Exhibit 1 - Dr. Tim Osswald CV, # 2 Exhibit 2 - List of Cases in which Dr. Osswald has testifed, # 3 Exhibit 3 - Dr. Osswald's Expert Report dated 3/12/2010, # 4 Exhibit 4 - Dr. Osswald's Supplemental Report 4/22/2010, # 5 Exhibit 5 - Inveon Brochure) (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Corrected Declaration Of Marshall J. Schmitt In Support Of Learning Curve's Opposition To Defendant Munchkin, Inc.'s Motion For Summary Judgment by Plaintiff Learning Curve Brands, Inc., Amendment to 111 Declaration,(see Letter 143 Amended Document), (Attachments: # 1 Exhibit 48 - Letter from C. Davis to J. Benkers, # 2 Exhibit 49 - Shedd Deposition 5/7/10 Excerpts, # 3 Exhibit 50 - Osswald Deposition 4/27/10 Excerpts, # 4 Exhibit 51 - Learning Curve's Supplemental Response To Munchkin's Interrogatory No. 8 And Amended Supplemental Responses To Munchkin's Interrogatory Nos. 27, 12, and 14, # 5 Exhibit 52 - Medeiros Deposition 4/23/10 Excerpts, # 6 Exhibit 53 - DICOM File Metadata, # 7 Exhibit 54 - Roldan Deposition 5/10/10 Excerpts, # 8 Exhibit 55 - Osswald Deposition 6/2/10 Excerpts, # 9 Exhibit 56 - Claim Construction Order, # 10 Exhibit 57 - Osswald Declaration, # 11 Exhibit 58 - Email from J. Benker to M. Schmitt 5/8/10, # 12 Exhibit 59 - Dkt # 294 in Case No. 07-cv-0558) (Schmitt, Marshall)Sealed Document Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Learning Curve's Corrected Opposition To Defendant Munchkin, Inc.'s Motion For Sanctions And To Strike Portions Of The Declaration Of Tim A. Osswald, Ph.D. In Support Of Learning Curve's Motion For Summary Judgment, by Plaintiff Learning Curve Brands, Inc. Amendment to 114 Brief in Opposition, (see Letter 143 Amended Document), Sealed Document (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Corrected Declaration Of Marshall J. Schmitt In Support Of Learning Curve's Opposition To Defendant Munchkin, Inc.'s Motion For Sanctions And To Strike Portions Of The Declaration Of Tim A. Osswald, Ph.D. In Support Of Learning Curve's Motion For Summary Judgment by Plaintiff Learning Curve Brands, Inc., Amendment to 115 Declaration, (see Letter 143 Amended Document) (Attachments: # 1 Exhibit 1 - T. Osswald Dep. Tr. 27 APR 2010, # 2 Exhibit 2 - T. Osswald Dep. Tr. 02 JUN 2010, # 3 Exhibit 3 - Cross-reference of Corrected Osswald Declaration to Osswald Report and Supplement) (Schmitt, Marshall)Sealed Document Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Learning Curve's Corrected Reply To Defendant Munchkin, Inc.'s Response To Learning Curve Brands, Inc.'s Proposed Findings Of Fact by Plaintiff Learning Curve Brands, Inc. (see Letter 143 Amended Document), 126 Reply in Support of Proposed Findings of Fact Sealed Document (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 149 Exhibit, 153 Amended Document, Document Sealed,, 146 Exhibit, Document Sealed, 144 Amended Document, Document Sealed,, 152 Amended Document, Document Sealed, 150 Exhibit, 151 Amended Document, Document Sealed, 143 Amended Document, 155 Amended Document, Document Sealed, 147 Exhibit, 154 Amended Document, Document Sealed, 145 Amended Document, Document Sealed, 148 Exhibit (Schmitt, Marshall) Modified on 7/26/2010 (mmo). (Entered: 07/23/2010)
2010-07-23
1
Notice of Appearance of Gilberto E. Espinoza filed by Gilberto Eduardo Espinoza for Plaintiff Learning Curve Brands, Inc. (Espinoza, Gilberto) (Entered: 08/06/2010)
2010-08-06
1
Supplemental Expert Report of Dr. Mark E. Meitzen by Defendant Munchkin, Inc. (Sealed Document) (Attachments: # 1 Certificate of Service) (Jahn Snyder, Martha) (Entered: 08/18/2010)
2010-08-18
1
Record from United States District Court for the Central Disctrict of California. (Attachments: # 1 C.D. Cal. Dkt. # 14 - First Amended Complaint, # 2 C.D. Cal. Dkt. # 15 - Answer to First Amended Complaint, # 3 C.D. Cal. Dkt. # 22 - Motion to Transfer, # 4 C.D. Cal. Dkt. # 24 - Opposition to Motion to Transfer, # 5 C.D. Cal. Dkt. # 25 - J. Benkers Declaration, # 6 C.D. Cal. Dkt. # 26 - S. Dunn Declaration, # 7 C.D. Cal. Dkt. # 28 - Notice of Errata re J. Taylor Declaration, # 8 C.D. Cal. Dkt. # 29 - Motion to Transfer (corrected J. Taylor Declaration), # 9 C.D. Cal. Dkt. # 30 - Reply in support Motion to Transfer, # 10 C.D. Cal. Transcript dated 7-29-10 re Hearing on Motion to Transfer, # 11 C.D. Cal. Dkt. # 31 - C.D. California Minutes + Tentative Order to Transfer) (Schmitt, Marshall) (Entered: 08/20/2010)
2010-08-20
1
Letter from the Court to counsel re: case status. Signed by District Judge Barbara B. Crabb on 8/24/2010. (arw) (Entered: 08/24/2010)
2010-08-24
1
Amended Document by Plaintiff Learning Curve Brands, Inc.. Amendment to 108 Brief in Support, (Schmitt, Marshall) (Entered: 09/24/2010)
2010-09-24
1
Notice of Appearance filed by Patrick M. Murphy for Defendant Munchkin, Inc., Counter Claimant Munchkin, Inc. (Murphy, Patrick) (Entered: 09/28/2010)
2010-09-28
1
ORDER granting 65 Motion for Leave to amend complaint; denying as unnecessary 68 Motion to Strike; denying as unnecessary 97 Motion to Strike; denying as unnecessary 107 Motion to Strike; denying as moot 135 Motion to Strike; denying as moot 92 Motion for Leave to File; denying as moot 139 Motion for Leave to File; denying 75 Motion for Summary Judgment; granting 67 Motion for Summary Judgment. Signed by District Judge Barbara B. Crabb on 9/29/10. (krj)
2010-09-29
1
JUDGMENT entered in favor of Defendant Munchkin, Inc. dismissing the case. Signed by Peter A. Oppeneer, Clerk of Court on 10/1/10. (krj)
2010-10-01
1
Bill of Costs by Defendant Munchkin, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. Objection to Bill of Costs due 10/21/2010. Brief in Support to Bill of Costs due 11/1/2010. Brief in Reply in Opposition to Bill of Costs due 11/5/2010. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) Modified on 4/4/2012 (llj). (Entered: 10/11/2010)
2010-10-11
1
Declaration of Josephine K. Benkers filed by Defendant Munchkin, Inc. re: 165 Bill of Costs filed by Munchkin, Inc. (Attachments: # 1 Exhibit A - In-house copy charges, # 2 Exhibit B - Outsourced copy charges, # 3 Exhibit C - Deposition services, # 4 Exhibit D - Hearing transcripts, # 5 Exhibit E - Service and witness fees, # 6 Certificate of Service) (Benkers, Josephine) (Entered: 10/11/2010)
2010-10-11
1
Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Judgment, Order on Motion to Strike, 164 Judgment by Plaintiff Learning Curve Brands, Inc., Response due 10/21/2010. (Schmitt, Marshall) (Entered: 10/14/2010)
2010-10-14
1
Brief in Support by Plaintiff Learning Curve Brands, Inc. re: 167 Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju filed by Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 10/14/2010)
2010-10-14
1
Declaration of Tim A. Osswald, Ph.D., filed by Plaintiff Learning Curve Brands, Inc. re: 167 Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju filed by Learning Curve Brands, Inc. (Schmitt, Marshall) (Entered: 10/14/2010)
2010-10-14
1
Certificate of Service by Plaintiff Learning Curve Brands, Inc. re 168 Brief in Support,, 167 Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju, 169 Declaration,, (Schmitt, Marshall) (Entered: 10/14/2010)
2010-10-14
1
NOTICE OF APPEAL - FEDERAL CIRCUIT by Plaintiff Learning Curve Brands, Inc. as to 163 Order on Motion for Leave to File, Order on Motion for Summary Judgment, Order on Motion to Strike, 37 Order Construing Claims, 164 Judgment. Filing fee of $ 455, receipt number 07580000000000637364 paid. (Schmitt, Marshall) Modified on 10/18/2010; sent fed. cir. tran. form (mmo). (Entered: 10/15/2010)
2010-10-15
1
Motion to Stay re 166 Declaration, 165 Bill of Costs by Plaintiff Learning Curve Brands, Inc..Response due 10/22/2010. (Schmitt, Marshall) (Entered: 10/15/2010)
2010-10-15
1
Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Orders and Judgment to FEDERAL CIRCUIT re 171 Notice of Appeal. (mmo) (Entered: 10/18/2010)
2010-10-18
1
** TEXT ONLY ORDER **ORDER granting 172 Motion to hold Bill of Costs 165 in abeyance pending ruling on Plaintiff's Motion to Reconsider. Signed by Peter A. Oppeneer, Clerk of Court on 10/20/2010. (llj) (Entered: 10/20/2010)
2010-10-20
1
Brief in Opposition by Defendant Munchkin, Inc. re: 167 Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju filed by Learning Curve Brands, Inc. (Attachments: # 1 Certificate of Service) (Benkers, Josephine) (Entered: 10/21/2010)
2010-10-21
1
Motion for Leave to File Learning Curve's Reply In Support Of Its Motion Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment by Plaintiff Learning Curve Brands, Inc.. (Attachments: # 1 Exhibit A - Proposed Reply in Support of Its Motion to Reconsider) (Schmitt, Marshall) (Entered: 10/22/2010)
2010-10-22
1
USCA for the Federal Circuit Case Number 2011-1036 for 171 Notice of Appeal filed by Learning Curve Brands, Inc. (krj) (Entered: 11/01/2010)
2010-11-01
1
Notice by Plaintiff Learning Curve Brands, Inc. re 177 USCA Case Number, 167 Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju Motion for Reconsideration Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider Order Granting Munchkin's Motion For Summary Judgment And To Vacate Judgment re 163 Order on Motion for Leave to File, Order on Motion for Summary Ju, 171 Notice of Appeal, To Apprise Federal Circuit Court of Appeals of Pending Rule 59 Motion for Reconsideration. (Schmitt, Marshall) (Entered: 11/01/2010)
2010-11-01
1
ORDER from USCA for the Federal Circuit deactivating appeal as to 171 Notice of Appeal, filed by Learning Curve Brands, Inc. Appeal to be reactivated upon entry of order disposing of the last such outstanding motion. (krj) (Entered: 11/08/2010)
2010-11-08
1
ORDER granting 176 Motion for Leave to File reply in support of motion to alter or amend judgment; denying 167 Motion to alter or amend judgment. Signed by District Judge Barbara B. Crabb on 4/12/11. (krj) (Entered: 04/12/2011)
2011-04-12
1
AMENDED NOTICE OF APPEAL TO THE FEDERAL CIRCUIT - by Plaintiff Learning Curve Brands, Inc. as to 163 Order on Motion for Leave to File, Order on Motion for Summary Judgment, Order on Motion to Strike, 37 Order Construing Claims, 164 Judgment, 180 Order on Motion for Reconsideration, Order on Motion for Leave to File. No fee paid, Fee Waived. No Docketing Statement filed. (Schmitt, Marshall) Modified docket text on 4/18/2011 (mmo). (Entered: 04/15/2011)
2011-04-15
1
Notice by Plaintiff Learning Curve Brands, Inc. re: 180 Order on Motion for Reconsideration, Order on Motion for Leave to File to Apprise Federal Circuit Court of Appeals of Ruling on Learning Curve's Rule 59 Motion for Reconsideration. (Schmitt, Marshall) (Entered: 04/15/2011)
2011-04-15
1
Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Orders/Judgment to US Court of Appeals for the FEDERAL CIRCUIT re 181 Notice of Appeal. (mmo) (Entered: 04/19/2011)
2011-04-19
1
Brief in Reply by Plaintiff Learning Curve Brands, Inc. in Support of 167 Learning Curve's Motion Pursuant To Federal Rule Of Civil Procedure 59 To Reconsider 163 Order Granting Munchkin's Motion For Summary Judgment and to Vacate Judgment. (Schmitt, Marshall) Modified docket relationships on 4/20/2011. (mmo) (Entered: 04/19/2011)
2011-04-19
1
Motion to Reactivate Bill of Costs re 166 Declaration, 165 Bill of Costs by Defendant Munchkin, Inc.. Response due 5/5/2011. (Jahn Snyder, Martha) Modified text to correct spelling error on 5/16/2011 (llj). (Entered: 04/28/2011)
2011-04-28
1
ORDER from USCA for the Federal Circuit reactivating appeal effective 4/26/2011 as to 171 Notice of Appeal, filed by Learning Curve Brands, Inc. (krj) (Entered: 04/29/2011)
2011-04-29
1
Brief in Opposition by Plaintiff Learning Curve Brands, Inc. re: 185 Motion to Reactivate Bill of Costs. (Schmitt, Marshall) Modified text on 5/16/2011 (llj). (Entered: 05/05/2011)
2011-05-05
1
OPINION AND ORDER from Federal Circuit affirming district court re: 171 Notice of Appeal by Learning Curve Brands, Inc. (Attachments: # 1 Cover Letter) (arw) (Entered: 04/04/2012)
2012-04-03
1
JUDGMENT from USCA for the Federal Circuit affirming district court re: 181 Amended Notice of Appeal by Plaintiff Learning Curve Brands, Inc. No record to be returned. (Attachments: # 1 Appellate Opinion) (arw) (Entered: 05/11/2012)
2012-05-11
1
ORDER on Bill of Costs: Costs Taxed in favor of Defendant in the amount of $ 13,398.06. Signed by Peter A. Oppeneer, Clerk of Court by Deputy Clerk R. Plender on 6/19/12. (rep) Modified on 6/19/2012 (rep). (Entered: 06/19/2012)
2012-06-19
1