Rapak LLC v. Dupont Liquid Pkg

1:04-cv-04049

Overview

Case Number 1:04-cv-04049

Filing Date 2004-06-16

Status Terminated

Termination Date 2005-09-20

Court District Court, N.D. Illinois (ilnd)

Presiding Judge Mark Filip

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

Dr. Pepper/Seven Up, Inc.

Represented By

4 Attorneys Listed

William S Feiler

Morgan & Finnegan, L.L.P.

Tel: +1 (212) 415-8700

Morgan & Finnegan, L.L.P., Three World Financial Center

Melissa Suzanne Skilken

Locke Lord LLP

Tel: +1 (312) 201-2000

111 South Wacker Drive, Suite 4400

Jonathan A. Harris

Axinn, Veltrop, Harkrider LLT

Tel: +1 (860) 275-8100

Axinn, Veltrop, Harkrider LLT, 90 State House Square

Annette Michele McGarry

McGarry & McGarry, LLC

Tel: +1 (312) 216-5151

McGarry & McGarry, LLC, 77 West Wacker Drive

Dupont Liquid Packaging Systems, Inc.

Represented By

4 Attorneys Listed

William S Feiler

Morgan & Finnegan, L.L.P.

Tel: +1 (212) 415-8700

Morgan & Finnegan, L.L.P., Three World Financial Center

Melissa Suzanne Skilken

Locke Lord LLP

Tel: +1 (312) 201-2000

111 South Wacker Drive, Suite 4400

Jonathan A. Harris

Axinn, Veltrop, Harkrider LLT

Tel: +1 (860) 275-8100

Axinn, Veltrop, Harkrider LLT, 90 State House Square

Annette Michele McGarry

McGarry & McGarry, LLC

Tel: +1 (312) 216-5151

McGarry & McGarry, LLC, 77 West Wacker Drive

Plaintiff

Rapak LLC

Represented By

3 Attorneys Listed

Sanjay K. Murthy

Taft Stettinius & Holister

Tel: +1 (312) 527-4000

Fax: +1 (312) 754-2365

Taft Stettinius & Holister, 111 E. Wacker Dr.

Kathleen A Lyons

Dennemeyer & Associates

Tel: +1 (312) 380-6500

230 W Monroe St, Ste 2100

Keith V. Rockey

Rockey & Lyons

Tel: +1 (312) 268-5703

Rockey & Lyons, 180 North Stetson

Court & Judges

Court

District Court, N.D. Illinois (ilnd)

Presiding Judge

Mark Filip

Patents Involved

2 Patents

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US6612545	Espacenet Google Patents
-	US6702337	Espacenet Google Patents

Docket Entries

COMPLAINT (Attachments); jury demand - Civil cover sheet - Appearance(s) of Sanjay Krishna Murthy, Kathleen Ann Lyons, Keith V. Rockey as attorney(s) for plaintiff (two originals and two copies summons issued.) (Documents: (1-1 through 1-3)) (rbf) Modified on 06/17/2004 (Entered: 06/17/2004)

2004-06-16

View

LOCAL RULE 3.2 STATEMENT by plaintiff. (rbf) (Entered: 06/17/2004)

2004-06-16

View

NOTICE of claim involving U.S. Patent by plaintiff. (rbf) (Entered: 06/17/2004)

2004-06-16

View

LOCAL RULE 3.2 STATEMENT by plaintiff (Corrected). (air) Modified on 06/30/2004 (Entered: 06/30/2004)

2004-06-29

View

Rapak LLC v. Dupont Liquid Pkg

Overview

Parties

Defendant

Dr. Pepper/Seven Up, Inc. Follow

Represented By

Dupont Liquid Packaging Systems, Inc. Follow

Represented By

Plaintiff

Rapak LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT (Attachments); jury demand - Civil cover sheet - Appearance(s) of Sanjay Krishna Murthy, Kathleen Ann Lyons, Keith V. Rockey as attorney(s) for plaintiff (two originals and two copies summons issued.) (Documents: (1-1 through 1-3)) (rbf) Modified on 06/17/2004 (Entered: 06/17/2004)

LOCAL RULE 3.2 STATEMENT by plaintiff. (rbf) (Entered: 06/17/2004)

NOTICE of claim involving U.S. Patent by plaintiff. (rbf) (Entered: 06/17/2004)

LOCAL RULE 3.2 STATEMENT by plaintiff (Corrected). (air) Modified on 06/30/2004 (Entered: 06/30/2004)

INITIAL STATUS REPORT by plaintiff. (air) (Entered: 08/12/2004)

RETURN OF SERVICE executed as to defendants on 9/17/04. (6-1 through 6-2) (air) (Entered: 09/22/2004)

JOINT STIPULATION for an extension of time to respond to plaintiff's complaint (eav) (Entered: 10/07/2004)

MINUTE ORDER of 10/7/04 by Hon. Mark Filip : Joint stipulation for an extension of time to respond to plaintiff's complaint is granted to and including 11/6/04. Mailed notice (gcy) (Entered: 10/08/2004)

ATTORNEY APPEARANCE for defendant Dr Pepper Seven Up by Annette Michele McGarry. (air) (Entered: 10/20/2004)

JOINT STIPULATION for a further extension of time to respond to plaintiff's complaint. (air) (Entered: 11/15/2004)

JOINT STATUS REPORT by parties. (air) (Entered: 11/19/2004)

MINUTE ORDER of 11/22/04 by Hon. Mark Filip: Status hearing held and continued to 9:30 a.m. on 12/8/04. Joint stipulation for extension of time for defenddant to answer or otherwise plead to the complaint is granted and time extended to and including 12/6/04. No notice (air) (Entered: 11/23/2004)

DISCLOSURE STATEMENT by defendants. (air) (Entered: 12/06/2004)

ANSWER to complaint [1-1] and COUNTERCLAIM; jury demand by defendants against plaintiff. (air) (Entered: 12/28/2004)

JOINT PROPOSED SCHEDULING PLAN by parties. (air) (Entered: 12/07/2004)

REPLY TO COUNTERCLAIM [14-2] by counter-defendant. (air) (Entered: 12/28/2004)

MINUTE entry before Judge Mark Filip : Status hearing reset for 2/24/2005 at 09:30 AM. (No notices, telephoned notice) (tbk, ) (Entered: 02/09/2005)

MINUTE entry before Judge Mark Filip : Status hearing held on 2/24/2005. Oral motion to extend expert discovery dates is granted and extended for additional 60 days. Status hearing set for 3/31/2005 at 09:30 AM. No notice (tbk, ) (Entered: 02/24/2005)

ATTORNEY Appearance for Defendants/counter claimants Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc., by Melissa Suzanne Skilken. (air, ) (Entered: 03/09/2005)

MOTION by Defendants for partial summary judgment on non-infringement. (rbf, ) (Entered: 03/14/2005)

NOTICE of Motion by Annette Michele McGarry for presentment of motion for partial summary judgment of non-infringement 22 before Honorable Mark Filip on 3/21/2005 at 09:30 AM. (rbf, ) (Entered: 03/14/2005)

MEMORANDUM by Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. in Support of their motion for partial summary judgment of non-infringement. (rbf, ) (Entered: 03/14/2005)

LOCAL RULE 56.1 Statement of undisputed material facts by Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. in support of motion for partial summary judgment of non-infringement 22 . (air, ) (Entered: 03/14/2005)

MINUTE entry before Judge Mark Filip : Set deadlines/hearing as to motion for partial summary judgment 22 : Responses due by 4/11/2005. Replies due by 4/25/2005. Status hearing date of 3/31/05 to stand. Telephoned notice (tbk, ) (Entered: 03/15/2005)

MINUTE entry before Judge Mark Filip : Time for Status hearing set for 3/31/2005 is reset to 10:30 AM. Judicial staff mailed notice (tbk, ) (Entered: 03/23/2005)

ATTORNEY Appearance for Defendants/Counter Claimants Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc., by William S Feiler. (air, ) (Entered: 03/28/2005)

MOTION by Defendants Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. for partial summary judgment of non-infringement of U.S. Patent No. 6,612,545 (rbf, ) (Entered: 03/28/2005)

NOTICE of Motion by Annette Michele McGarry for presentment of motion for partial summary judgment of non-infringement of U.S. Patent No. 6,612,545 28 before Honorable Mark Filip on 3/31/2005 at 09:30 AM. (rbf, ) (Entered: 03/28/2005)

MEMORANDUM by Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. in Support of their motion for partial summary judgment of non-infringement of U.S. Patent 6,612,545. (rbf, ) (Entered: 03/28/2005)

LOCAL RULE 56.1 Statement of undisputed material facts by defendants in support of motion for partial summary judgment of non-infringement of U.S. Patent No. 6,612,545. (rbf, ) (Entered: 03/28/2005)

MINUTE entry before Judge Mark Filip : Set deadlines as to motion for partial summary judgment 22, motion for partial summary judgment 28 : Responses due by 4/11/2005 Replies due by 4/25/2005. Ruling will be by mail. Telephoned notice (tbk, ) (Entered: 03/28/2005)

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Michael T. Mason to hear and enter order on plaintiff's Rule 56(f) motion, to be filed on 4/11/05. Signed by Judge Executive Committee on 04/01/05. (mjc, ) (Entered: 04/05/2005)

MOTION by Plaintiff Rapak LLC under Rule 56(F) to continue defendants' motion for partial summary judgment and to order discovery (gma, ) . Modified on 11/15/2006 (cdy, ). (Entered: 04/13/2005)

MEMORANDUM OF LAW by Rapak LLC in support of MOTION by Plaintiff Rapak LLC under Rule 56(F) to continue defendants' motion for partial summary judgment and to order discovery 36 (gma, ) Modified on 11/15/2006 (cdy, ). (Entered: 04/13/2005)

EXHIBITS by Plaintiff Rapak LLC in support of MEMORANDUM OF LAW by Rapak LLC in support of MOTION by Plaintiff Rapak LLC under Rule 56(F) to continue defendants' motion for partial summary judgment and to order discovery 37 (RESTRICTED) (gma, ) (Entered: 04/13/2005)

MEMORANDUM by defendants in Opposition to Rapak's motion under Fed.R.Civ.P.56 (f) 36 . (air, ) (Entered: 04/21/2005)

DECLARATION of Jon A. Chiodo. (air, ) . Modified on 11/14/2006 (las, ). (Entered: 04/21/2005)

AGREED MOTION by Defendants Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. for entry of agreed order. (rbf, ) (Entered: 05/05/2005)

NOTICE of Motion by Melissa Suzanne Skilken for presentment of agreed motion for entry of agreed order 42 before Honorable Mark Filip on 5/10/2005 at 10:30 AM. (rbf, ) (Entered: 05/05/2005)

MINUTE entry before Judge Mark Filip : Agreed motion for entry of agreed discovery scheduling order 42 is granted. Enter Agreed order. Motions for summary judgment 22, 28 are stricken without prejudice to refile at end of discovery period. Mailed notice (eav, ) (Entered: 05/09/2005)

AGREED ORDER Signed by Judge Mark Filip on 5/5/2005:Mailed notice(eav, ) (Entered: 05/09/2005)

MOTION by Defendants to preclude Rapak LLC from asserting any dependent claims of U.S. patent nos. 6,612,545 and 6,702,337 (gma, ) (Entered: 06/16/2005)

NOTICE of Motion by defendants for presentment of MOTION by Defendants to preclude Rapak LLC from asserting any dependent claims of U.S. patent nos. 6,612,545 and 6,702,337 46 before Honorable Mark Filip on 6/21/2005 at 09:30 AM. (gma, ) (Entered: 06/16/2005)

MEMORANDUM by defendants in support of MOTION by Defendants to preclude Rapak LLC from asserting any dependent claims of U.S. patent nos. 6,612,545 and 6,702,337 46 (gma, ) (Entered: 06/16/2005)

DECLARATION of Jonathan A. Harris (gma, ) Modified on 6/8/2007 (air, ). (Entered: 06/16/2005)

ATTORNEY Appearance for Defendants Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. by Jonathan A Harris (eav, ) (Entered: 06/20/2005)

MINUTE entry before Judge Mark Filip : MOTION by Defendants Dupont Liquid Packaging Systems, Inc., Dr. Pepper/Seven Up, Inc. 46 to preclude plaintiff from asserting claims is denied without prejudice.no notice(tbk, ) (Entered: 06/21/2005)

MOTION by Plaintiff Rapak LLC to compel the production of documents from DuPont Liquid Packaging Systems, Inc. (jmp, ) (Entered: 07/19/2005)

MEMORANDUM by Rapak LLC in Support of motion to compel the production of documents from DuPont Liquid Packaging Systems, Inc. 52 (jmp, ) (Entered: 07/19/2005)

BENCHBOOK OF EXHIBIT by Plaintiff Rapak LLC regarding MOTION by Plaintiff Rapak LLC to compel the production of documents from DuPont Liquid Packaging Systems, Inc 52 (Exhibits) (jmp, ) (Entered: 07/19/2005)

NOTICE of Motion by Kathleen Ann Lyons, Sanjay Krishna Murthy, Keith V. Rockey for presentment of motion to compel the production of documents from DuPont Liquid Packaging Systems, Inc 52 before Honorable Michael T. Mason on 7/21/2005 at 09:00 AM. (jmp, ) (Entered: 07/19/2005)

EXECUTIVE COMMITTEE ORDER: Plaintiff's motion to compel 52 is referred to Magistrate Judge Mason to conduct hearings and enter appropriate orders. Signed by Executive Committee on 7/20/05. (lcw, ) (Entered: 07/26/2005)

AGREED MOTION by all parties to extend pretrial dates (Exhibit) (las, ) (Entered: 07/22/2005)

NOTICE of Motion by Keith V. Rockey for presentment of all parties agreed motion to extend pretrial dates 57 before Honorable William J. Hibbler on 7/26/2005 at 09:30 AM. (las, ) (Entered: 07/22/2005)

Track Case Updates

Dr. Pepper/Seven Up, Inc.

Dupont Liquid Packaging Systems, Inc.

Rapak LLC