Nanometrics Incorporated v. Nova Measuring Instruments, LTD.

4:06-cv-02252

Overview

Case Number 4:06-cv-02252

Filing Date 2006-03-29

Status Terminated

Termination Date 2007-04-17

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

Presiding Judge Saundra Brown Armstrong

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

Nova Measuring Instruments, Inc.

Represented By

4 Attorneys Listed

Nathaniel Bruno

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (415) 434-9100

Fax: +1 (415) 434-3947

Four Embarcadero Center, 17th Floor

Mauricio Arcangel Flores

Sheppard, Mullin, Richter & Hampton, LLP

Tel: +1 (858) 720-8900

Fax: +1 (858) 509-3691

12275 EL CAMINO REAL, SUITE 200, SAN DIEGO, CA 92130

Neil Arthur Smith

KB Ash Law Group P.C.

Tel: +1 (877) 265-1476

Fax: +1 (415) 952-9325

2603 Camino Ramon, Suite 200

David Schnapf

Townsend and Townsend and Crew LLP

Tel: +1 (415) 576-0200

Fax: +1 (415) 576-0300

Two Embarcadero Center, 8th Floor, San Francisco, CA 94111-3834

Nova Measuring Instruments, LTD.

Represented By

4 Attorneys Listed

Nathaniel Bruno

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (415) 434-9100

Fax: +1 (415) 434-3947

Four Embarcadero Center, 17th Floor

Mauricio Arcangel Flores

Sheppard, Mullin, Richter & Hampton, LLP

Tel: +1 (858) 720-8900

Fax: +1 (858) 509-3691

12275 EL CAMINO REAL, SUITE 200, SAN DIEGO, CA 92130

Neil Arthur Smith

KB Ash Law Group P.C.

Tel: +1 (877) 265-1476

Fax: +1 (415) 952-9325

2603 Camino Ramon, Suite 200

David Schnapf

Townsend and Townsend and Crew LLP

Tel: +1 (415) 576-0200

Fax: +1 (415) 576-0300

Two Embarcadero Center, 8th Floor, San Francisco, CA 94111-3834

Plaintiff

Nanometrics Incorporated

Represented By

5 Attorneys Listed

Ronald Craig Finley

Hoge, Fenton, Jones & Appel, Inc.

Tel: +1 (408) 287-9501

55 South Market Street, Suite 900

Jeremy Michael Duggan

Beck, Bismonte & Finley LLP

Tel: +1 (408) 938-7900

Fax: +1 (408) 938-0790

150 Almaden Boulevard, 10th Floor, San Jose, CA 95113

Bobbie N Eftekar

Quinn Emanuel Urquhart Oliver & Hedges LLP

Tel: +1 (650) 801-5019

Fax: +1 (650) 801-5100

555 Twin Dolphin Drive, Ste. 560, Redwood City, CA 94065

Justin T. Beck

Beck, Bismonte & Finley, LLP

Tel: +1 (408) 938-7900

Fax: +1 (408) 938-0790

101 Metro Drive, Suite 660

Alfredo A. Bismonte

Hoge, Fenton, Jones & Appel, Inc.

Tel: +1 (408) 287-9501

Fax: +1 (408) 287-2583

55 South Market Street, Suite 900

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Saundra Brown Armstrong

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT (with jury demand) against Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc. (Filing fee $ 250, receipt number 5514259). Filed byNanometrics Incorporated. (cjl, COURT STAFF) (Filed on 3/29/2006) Additional attachment(s) added on 4/13/2006 (cjl, COURT STAFF). (Entered: 03/30/2006)

2006-03-29

View

ADR SCHEDULING ORDER: Case Management Statement due by 7/20/2006. Case Management Conference set for 7/27/2006 04:00 PM. (Attachments: # 1 Standing Order# 2 Joint Case Management)(cjl, COURT STAFF) (Filed on 3/29/2006) (Entered: 03/30/2006)

2006-03-29

View

Summons Issued as to Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (cjl, COURT STAFF) (Filed on 3/29/2006)

2006-03-29

No Actions

REPORT on the filing of an action regarding Patent (cc: form mailed to register). (cjl, COURT STAFF) (Filed on 3/29/2006)

2006-03-29

No Actions

Nanometrics Incorporated v. Nova Measuring Instruments, LTD.

Overview

Parties

Defendant

Nova Measuring Instruments, Inc. Follow

Represented By

Nova Measuring Instruments, LTD. Follow

Represented By

Plaintiff

Nanometrics Incorporated Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

ADR SCHEDULING ORDER: Case Management Statement due by 7/20/2006. Case Management Conference set for 7/27/2006 04:00 PM. (Attachments: # 1 Standing Order# 2 Joint Case Management)(cjl, COURT STAFF) (Filed on 3/29/2006) (Entered: 03/30/2006)

Summons Issued as to Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (cjl, COURT STAFF) (Filed on 3/29/2006)

REPORT on the filing of an action regarding Patent (cc: form mailed to register). (cjl, COURT STAFF) (Filed on 3/29/2006)

CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 3/29/2006)

CLERK'S NOTICE re: Failure to E-File Docket No. 1. (cjl, COURT STAFF) (Filed on 4/13/2006) (Entered: 04/13/2006)

STIPULATION and [Proposed] Order For Extension of Time to Respond to Complaint by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 4/24/2006) (Entered: 04/24/2006)

STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Signed by Judge Wayne D. Brazil on 4-25-2006. (wdblc1, COURT STAFF) (Filed on 4/25/2006) Modified on 4/26/2006 (cjl, COURT STAFF).

Declination to Proceed Before a U.S. Magistrate Judge by Nanometrics Incorporated. (Duggan, Jeremy) (Filed on 5/2/2006) (Entered: 05/02/2006)

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wdblc1, COURT STAFF) (Filed on 5/3/2006) (Entered: 05/03/2006)

ORDER REASSIGNING CASE to Judge Saundra Brown Armstrong. Signed by Executive Committee on 5/4/06. (kk, COURT STAFF) (Filed on 5/4/2006) (Entered: 05/04/2006)

Case Reassigned to Judge Saundra Brown Armstrong. Judge Wayne D. Brazil no longer assigned to the case. (kk, COURT STAFF) (Filed on 5/4/2006)

Defendants' ANSWER to Complaint with Jury Demand and, COUNTERCLAIM for Declaratory Judgment against Nanometrics Incorporated byNova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 5/22/2006) (Entered: 05/22/2006)

STIPULATION and [Proposed] Order Re Defendants' Amended Answer and Counterclaim and Plaintiff's Response Thereto by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 6/5/2006) Modified on 6/6/2006 (jlm, COURT STAFF). (Entered: 06/05/2006)

STIPULATION AND ORDER RE DEFENDANTS' AMENDED ANSWER AND COUNTER CLAIM AND PLAINTIFF'S RESPONSE THERETO. Signed by Judge ARMSTRONG on 6/12/06. (lrc, COURT STAFF) (Filed on 6/12/2006)

MOTION to Strike 11 Answer to Complaint,, Counterclaim, filed by Nanometrics Incorporated. Motion Hearing set for 9/19/2006 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Duggan, Jeremy) (Filed on 6/28/2006) (Entered: 06/28/2006)

Proposed Order re 13 MOTION to Strike 11 Answer to Complaint,, Counterclaim, by Nanometrics Incorporated. (Duggan, Jeremy) (Filed on 6/28/2006) (Entered: 06/28/2006)

Memorandum in Opposition to Nanometrics' Motion to Strike Defenses, Allegations, and Prayers for Relief from Nova's First Amended Answer and Counterclaim filed byNova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 8/29/2006) (Entered: 08/29/2006)

Proposed Order re 16 Memorandum in Opposition, to Motion to Strike Defenses, Allegations, and Prayers for Relief from Nova's First Amended Answer and Counterclaim by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 8/29/2006) (Entered: 08/29/2006)

Reply Memorandum re 13 MOTION to Strike 11 Answer to Complaint,, Counterclaim, filed byNanometrics Incorporated, Nanometrics Incorporated, Nanometrics Incorporated. (Duggan, Jeremy) (Filed on 9/5/2006) (Entered: 09/05/2006)

Proposed Order re 13 MOTION to Strike 11 Answer to Complaint,, Counterclaim, (Modified) by Nanometrics Incorporated, Nanometrics Incorporated, Nanometrics Incorporated. (Duggan, Jeremy) (Filed on 9/11/2006) (Entered: 09/11/2006)

Proposed Order Denying Nanometrics' Motion to Strike Defenses, Allegations, and Prayers for Relief from Nova's First Amended Answer and Counterclaim by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 9/13/2006) (Entered: 09/13/2006)

ORDER by Judge ARMSTRONG denying 13 Motion to Strike (lrc, COURT STAFF) (Filed on 9/14/2006)

ANSWER to Counterclaim With Jury Demand by Nanometrics Incorporated, Nanometrics Incorporated, Nanometrics Incorporated. (Duggan, Jeremy) (Filed on 9/28/2006) Modified on 9/29/2006 (jlm, COURT STAFF). (Entered: 09/28/2006)

NOTICE of Substitution of Counsel and Proposed Order by Ronald Craig Finley (Finley, Ronald) (Filed on 10/3/2006) Modified on 10/4/2006 (jlm, COURT STAFF). (Entered: 10/03/2006)

NOTICE by Nanometrics Incorporated, Nanometrics Incorporated, Nanometrics Incorporated Notice of Change of State of Incorporation (Duggan, Jeremy) (Filed on 10/5/2006) (Entered: 10/05/2006)

CLERK'S NOTICE Case Management Conference set for 11/15/2006 04:00 PM. via telephone. (lrc, COURT STAFF) (Filed on 10/23/2006) (Entered: 10/23/2006)

STIPULATION AND ORDER Case Management Conference set for 12/7/2006 02:45 PM.. Signed by Judge ARMSTRONG on 10/31/06. (lrc, COURT STAFF) (Filed on 11/1/2006) (Entered: 11/01/2006)

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Nanometrics Incorporated, Nanometrics Incorporated(a Delaware Corporation), Nanometrics Incorporated(a Delaware Corporation). (Duggan, Jeremy) (Filed on 11/27/2006) Modified on 11/28/2006 (jlm, COURT STAFF). (Entered: 11/27/2006)

CLERK'S NOTICE Case Management Conference set for 12/6/2006 03:00 PM. via telephone. (lrc, COURT STAFF) (Filed on 11/30/2006) (Entered: 11/30/2006)

Minute Entry: Initial Case Management Conference held on 12/6/2006 before JUDGE ARMSTRONG (Date Filed: 12/6/2006). () Claims Construction Hearing set for 7/11/2007 09:00 AM. (lrc, COURT STAFF) (Date Filed: 12/6/2006) Modified on 1/5/2007 (jlm, COURT STAFF). (Entered: 01/04/2007)

CASE REFERRED to Magistrate Judge for Settlement (jlm, COURT STAFF) (Filed on 12/6/2006)

set/reset hearing: re 35 Claims Construction Hearing set for 7/11/2007 09:00 AM. (jlm, COURT STAFF) (Filed on 12/6/2006)

CASE REFERRED to Early Neutral Evaluation (cmf, COURT STAFF) (Filed on 12/7/2006)

CASE REFERRED to Magistrate Judge Bernard Zimmerman for Settlement (wh, COURT STAFF) (Filed on 12/7/2006)

Proposed Order Granting Nova's Motion to Stay Proceedings Pending Reexamination of Patent-In-Suit by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Schnapf, David) (Filed on 12/20/2006) (Entered: 12/20/2006)

ADR Clerk's Notice Appointing Claude M. Stern as ENE Evaluator. (cmf, COURT STAFF) (Filed on 1/19/2007) (Entered: 01/19/2007)

Memorandum in Opposition to Nova's Motion to Stay Proceeding Pending Reexamination filed byNanometrics Incorporated, Nanometrics Incorporated(a Delaware Corporation). (Bismonte, Alfredo) (Filed on 2/6/2007) (Entered: 02/06/2007)

Reply to Opposition re Nova's Motion to Stay Proceedings Pending Reexamination of Patent-In-Suit filed byNova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Smith, Neil) (Filed on 2/13/2007) (Entered: 02/13/2007)

STIPULATION to Extend Deadline for Early neutral Evaluation and [Proposed] Order by Nanometrics Incorporated, Nanometrics Incorporated(a Delaware Corporation). (Bismonte, Alfredo) (Filed on 2/23/2007) (Entered: 02/23/2007)

ORDER by Judge ARMSTRONG granting 32 Motion to Stay (lrc, COURT STAFF) (Filed on 2/26/2007) (Entered: 02/26/2007)

NOTICE by Nanometrics Incorporated, Nanometrics Incorporated(a Delaware Corporation) of Entry of Order (Bismonte, Alfredo) (Filed on 2/26/2007) (Entered: 02/26/2007)

STIPULATION AND ORDER TO EXTENDED DEADLINE FOR ENE. Signed by Judge ARMSTRONG on 2/26/07. (lrc, COURT STAFF) (Filed on 2/26/2007) (Entered: 02/26/2007)

CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 12/5/2007 02:30 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 3/1/07. (lrc, COURT STAFF) (Filed on 3/2/2007) (Entered: 03/02/2007)

NOTICE of Appearance by Mauricio Arcangel Flores (Flores, Mauricio) (Filed on 3/28/2007) (Entered: 03/28/2007)

STIPULATION of Dismissal by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Smith, Neil) (Filed on 4/12/2007) (Entered: 04/12/2007)

Proposed Order re 47 Stipulation of Dismissal DISMISSING ALL CLAIMS AND COUNTERCLAIMS by Nova Measuring Instruments, LTD., Nova Measuring Instruments, Inc.. (Smith, Neil) (Filed on 4/12/2007) (Entered: 04/12/2007)

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 4/13/07. (lrc, COURT STAFF) (Filed on 4/17/2007) (Entered: 04/17/2007)

REPORT on the determination of an action regarding PATENT INFRINGEMENT (cc: form mailed to register). (jlm, COURT STAFF) (Filed on 4/18/2007)

Track Case Updates

Nova Measuring Instruments, Inc.

Nova Measuring Instruments, LTD.

Nanometrics Incorporated