Weber-Stephen Products Co. v. Freedom Grill, Inc. et al



 
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RFC Case Number: P-W09-6928F
Court Case Number: 1:09-cv-06928
File Date: Wednesday, November 04, 2009
Plaintiff: Weber-Stephen Products Co.
Plaintiff Counsel: David I. Roche, Daniel A. Tallitsch of Baker & McKenzie LLP
Defendant: Freedom Grill, Inc.
Sunbeam Products, Inc.
Jarden Corporation
Cause: 35:271 Patent Infringement
Court: Illinois Northern District Court
Judge: Honorable Harry D. Leinenweber
Notes:
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Docket Text

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Date # Docket Text
10/14/2010 73 FINAL JUDGMENT and Order of Permanent Injunction. Signed by the Honorable Harry D. Leinenweber on 10/14/2010. (kj, ) (Entered: 10/20/2010)
10/14/2010 72 MINUTE entry before Honorable Harry D. Leinenweber: Prove-up by affidavit held. Weber-Stephen is awarded a reasonable royalty as compensation for Freedom Grill's infringement ofthe '071 and '476 Patents in the amount of $282,546.31. Freedom Grill's counterclaims and affirmative defenses are dismissed for want of prosecution. Weber-Stephen is entitled to post-judgment interest on the full amount ofthe judgment, at the statutory rate, from the date hereof, until paid. Plaintiffs Motion for Permanent Injunction is granted. Enter Final Judgment and Order of Permanent Injunction. Civil case terminated. Mailed notice. (kj, ) (Entered: 10/20/2010)
10/11/2010 71 NOTICE of Motion by Daniel Alan Tallitsch for presentment of motion for permanent injunction 69 before Honorable Harry D. Leinenweber on 10/14/2010 at 09:00 AM. (Tallitsch, Daniel) (Entered: 10/11/2010)
10/11/2010 70 MEMORANDUM by Weber-Stephen Products Co. in support of motion for permanent injunction 69 enjoining further infringement by Freedom Grill (Tallitsch, Daniel) (Entered: 10/11/2010)
10/11/2010 69 MOTION by Plaintiff Weber-Stephen Products Co. for permanent injunction enjoining further infringement by Freedom Grill (Tallitsch, Daniel) (Entered: 10/11/2010)
9/29/2010 68 MINUTE entry before Honorable Harry D. Leinenweber:Plaintiff's Motion for Summary Judgment of Infringement 38 is granted by default. Prove-up set for 10/14/2010 at 9:00 a.m. Mailed notice (wp, ) (Entered: 10/07/2010)
9/28/2010 67 DECLARATION of Leonard S. Gryn regarding other 66 (Tallitsch, Daniel) (Entered: 09/28/2010)
9/28/2010 66 Brief in Support of Prove-up of Damages by Weber-Stephen Products Co. (Tallitsch, Daniel) (Entered: 09/28/2010)
9/15/2010 65 MINUTE entry before Honorable Harry D. Leinenweber:Show cause hearing held on 9/15/2010. Defendant Freedom Grill, Inc.'s Counterclaim and Affirmative Defenses are dismissed for want of prosecution for failure to appear at the rule to show cause hearing. Prove-up and ruling on the pending motion for summary judgment is set for 9/29/2010 at 9:00 a.m. Mailed notice (wp, ) (Entered: 09/27/2010)
9/1/2010 64 MINUTE entry before Honorable Harry D. Leinenweber: The defendant Freedom Grill Inc. having failed to defend against plaintiff's claims and for failure to prosecute its own counterclaims, the Court issues a Rule to Show Cause why Freedom Grill Inc's claims should not be dismissed for want of prosecution. Rule returnable on 9/15/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 09/09/2010)
8/30/2010 63 NOTICE of Motion by Daniel Alan Tallitsch for presentment of motion to dismiss/lack of prosecution 60 before Honorable Harry D. Leinenweber on 9/1/2010 at 09:30 AM. (Tallitsch, Daniel) (Entered: 08/30/2010)
8/30/2010 62 DECLARATION of Daniel A. Tallitsch regarding motion to dismiss/lack of prosecution 60 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Tallitsch, Daniel) (Entered: 08/30/2010)
8/30/2010 61 MEMORANDUM by Weber-Stephen Products Co. in support of motion to dismiss/lack of prosecution 60 (Tallitsch, Daniel) (Entered: 08/30/2010)
8/30/2010 60 MOTION by Plaintiff Weber-Stephen Products Co. to dismiss for lack of prosecution Freedom Grill's Affirmative Defenses and Counterclaims (Tallitsch, Daniel) (Entered: 08/30/2010)
8/11/2010 59 MINUTE entry before Honorable Harry D. Leinenweber:Status hearing stricken. The Court will rule by mail on Plaintiff's Motion for Summary Judgment. Mailed notice (wp, ) (Entered: 08/11/2010)
7/29/2010 58 MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 8/25/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 07/29/2010)
7/23/2010 55 REPLY by Plaintiff Weber-Stephen Products Co. to motion for summary judgment 38 (Reply in the absence of an Opposition from Defendant Freedom Grill, Inc.) (Roche, David) (Entered: 07/23/2010)
7/22/2010 57 STIPULATION and Order of Dismissal Signed by the Honorable Harry D. Leinenweber on 7/22/2010. (kj, ) (Entered: 07/23/2010)
7/22/2010 56 MINUTE entry before Honorable Harry D. Leinenweber: The Parties Weber-Stephen Products Co, Sunbeam Products, Inc. And Jarden Corporation have entered into a settlement agreement. Claims against defendant Sunbeam Products Inc. and Jarden Corporation are dismissed with prejudice and the claims and defenses in Sunbeam and Jarden's Counterclaim and Answer are dismissed with prejudice. Each party to bear its own costs and attorneys' fees. Ruling date on defendant's motion for summary judgment is stricken. Status hearing set for 8/11/2010 at 9:00 a.m.Mailed notice. (kj, ) (Entered: 07/23/2010)
7/9/2010 54 NOTICE of Motion by Jennifer L. Travers for presentment of motion for extension of time to file response/reply 53 before Honorable Harry D. Leinenweber on 7/15/2010 at 09:30 AM. (Travers, Jennifer) (Entered: 07/09/2010)
7/9/2010 53 UNOPPOSED MOTION by Defendant Sunbeam Products, Inc. to extend deadline for defendant Sunbeam response to plaintiff Weber's motion for summary judgment (Travers, Jennifer) Modified on 7/12/2010 (cdy, ). (Entered: 07/09/2010)
7/9/2010 53 MOTION by Defendant Sunbeam Products, Inc. for extension of time to file response/reply Unopposed (Travers, Jennifer) (Entered: 07/09/2010)
6/24/2010 52 MINUTE entry before Honorable Harry D. Leinenweber:Defendant Sunbeam's Motion for extension of time to 7/9/2010 in which to file response to Plaintiff's Motion for summary judgment is granted. Plaintiff's reply brief now due by 7/23/2010.Mailed notice (wp, ) (Entered: 07/01/2010)
6/21/2010 51 NOTICE of Motion by Jennifer L. Travers for presentment of motion for extension of time to file response/reply, 50 before Honorable Harry D. Leinenweber on 6/24/2010 at 09:30 AM. (Travers, Jennifer) (Entered: 06/21/2010)
6/21/2010 50 MOTION by Defendants Jarden Corporation, Sunbeam Products, Inc., Counter Claimants Jarden Corporation, Sunbeam Products, Inc. for extension of time to file response/reply to Plaintiff Weber's Motion for Summary Judgment (Travers, Jennifer) (Entered: 06/21/2010)
6/3/2010 49 NOTICE by Jennifer L. Travers of Change of Address (Travers, Jennifer) (Entered: 06/03/2010)
6/2/2010 48 ATTORNEY Appearance for Defendants Jarden Corporation, Sunbeam Products, Inc., Counter Claimants Jarden Corporation, Sunbeam Products, Inc. by Jennifer L. Travers (Travers, Jennifer) (Entered: 06/02/2010)
5/25/2010 47 MINUTE entry before Honorable Harry D. Leinenweber:Jonathan L. Petit Motion for leave to appear pro hac vice is granted.Mailed notice (wp, ) (Entered: 05/25/2010)
5/20/2010 46 EXHIBIT 1 by Plaintiff Weber-Stephen Products Co. to Declaration of Daniel A. Tallitsch support of Plaintiff's motion for summary judgment of infringement 40 . {RESTRICTED) (kj, ) (Entered: 05/21/2010)
5/20/2010 45 MINUTE entry before Honorable Harry D. Leinenweber:Status hearing held. Plaintiff's Motion for leave to file Exhibit 1 undeer seal 42 is granted. Defendants' response to the Motion for Summary Judgment to be filed by 6/25/2010. Plaintiff's reply brief to be filed by 7/9/2010. The Court will rule orally on 8/11/2010 at 09:00 AM. Mailed notice (wp, ) (Entered: 05/20/2010)
5/18/2010 44 MINUTE entry before Honorable Harry D. Leinenweber:Status hearing held on 5/18/2010.Mailed notice (wp, ) (Entered: 05/18/2010)
5/17/2010 43 NOTICE of Motion by Daniel Alan Tallitsch for presentment of motion to seal document, motion for relief 42 , motion for summary judgment 38 before Honorable Harry D. Leinenweber on 5/20/2010 at 09:30 AM. (Tallitsch, Daniel) (Entered: 05/17/2010)
5/17/2010 42 MOTION by Plaintiff Weber-Stephen Products Co. to seal document declaration, 40 Motion for file Exhibit I under Seal (Tallitsch, Daniel) (Entered: 05/17/2010)
5/17/2010 41 LOCAL RULE 56.1(a)(3) STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT by Weber-Stephen Products Co. (Tallitsch, Daniel) (Entered: 05/17/2010)
5/17/2010 40 DECLARATION of Daniel A. Tallitsch regarding motion for summary judgment 38 of infringement (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I (placeholder - filed separately under seal))(Tallitsch, Daniel) (Entered: 05/17/2010)
5/17/2010 39 MEMORANDUM by Weber-Stephen Products Co. in support of motion for summary judgment 38 of infringement (Tallitsch, Daniel) (Entered: 05/17/2010)
5/17/2010 38 MOTION by Plaintiff Weber-Stephen Products Co. for summary judgment of infringement (Tallitsch, Daniel) (Entered: 05/17/2010)
5/3/2010 37 NOTICE of Correction regarding 36 . (kj, ) (Entered: 05/03/2010)
4/19/2010 36 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4726349. (Pettit, Jonathan) Modified on 5/3/2010 (kj, ). (Entered: 04/19/2010)
4/19/2010 36 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4726349. (Pettit, Jonathan) (Entered: 04/19/2010)
3/22/2010 34 ANSWER to Third Party Complaint by Weber-Stephen Products Co.(an Illinois corporation)(Tallitsch, Daniel) (Entered: 03/22/2010)
3/16/2010 33 Defendant Freedom Grill, Inc's ANSWER to Complaint with Jury Demand of Plaintiff Webber Grill, Inc., COUNTERCLAIM filed by Freedom Grill, Inc. against Weber-Stephen Products Co. by Freedom Grill, Inc.(Stuart, Colbern) Modified on 3/17/2010 (aac, ). (Entered: 03/16/2010)
3/16/2010 33 Defenant Freedom Grill, Inc's ANSWER to Complaint with Jury Demand of Plaintiff Webber Grill, Inc., THIRD party complaint by Freedom Grill, Inc. against Weber-Stephen Products Co.., COUNTERCLAIM filed by Freedom Grill, Inc. against Freedom Grill, Inc.. by Freedom Grill, Inc.(Stuart, Colbern) (Entered: 03/16/2010)
3/16/2010 32 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4620711. (Stuart, Colbern) (Entered: 03/16/2010)
3/5/2010 31 MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 3/17/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 03/05/2010)
2/26/2010 30 STIPULATION Regarding Extension of Time for Freedom Grill Inc. to Respond to Complaint (Tallitsch, Daniel) (Entered: 02/26/2010)
2/8/2010 29 MINUTE entry before Honorable Harry D. Leinenweber: Status hearing set for 3/10/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 02/08/2010)
2/5/2010 28 STIPULATION Regarding Extension of Time for Freedom Grill Inc. to Respond to Complaint (Tallitsch, Daniel) (Entered: 02/05/2010)
2/5/2010 27 REPORT of Rule 26(f) Planning Meeting (Tallitsch, Daniel) (Entered: 02/05/2010)
2/2/2010 26 MINUTE entry before Honorable Harry D. Leinenweber:Sunbeam's Motion for sanctions 21 is denied without prejudice. Mailed notice (wp, ) (Entered: 02/03/2010)
1/25/2010 25 ANSWER to counterclaim and Affirmative Defenses by Weber-Stephen Products Co.(Tallitsch, Daniel) Modified on 1/26/2010 (kj, ). (Entered: 01/25/2010)
1/25/2010 25 Weber's ANSWER to counterclaim and Affirmative Defenses by Weber-Stephen Products Co.(Tallitsch, Daniel) (Entered: 01/25/2010)
1/25/2010 24 MINUTE entry before Honorable Harry D. Leinenweber: Sunbeam's Motion for Sanctions now noticed for 1/27/2010 is reset by the Court for 2/2/2010 at 09:30 AM.Mailed notice (wp, ) (Entered: 01/25/2010)
1/22/2010 23 NOTICE of Motion by Thomas Gerard Pasternak for presentment of motion for sanctions 21 before Honorable Harry D. Leinenweber on 1/27/2010 at 09:30 AM. (Pasternak, Thomas) (Entered: 01/22/2010)
1/22/2010 22 STIPULATION Regarding Extension of Time for Freedom Grill Inc. to Respond to Complaint (Tallitsch, Daniel) (Entered: 01/22/2010)
1/22/2010 21 MOTION by Defendants Jarden Corporation, Sunbeam Products, Inc. for sanctions (Pasternak, Thomas) (Entered: 01/22/2010)
1/6/2010 20 STIPULATION Regarding Extension of Time for Freedom Grill Inc. to Respond to Complaint (Tallitsch, Daniel) (Entered: 01/06/2010)
12/30/2009 19 ANSWER to Complaint with Jury Demand Affirmative Defenses and, COUNTERCLAIM filed by Jarden Corporation, Sunbeam Products, Inc. against Weber-Stephen Products Co.. by Jarden Corporation, Sunbeam Products, Inc.(Pasternak, Thomas) Modified on 12/31/2009 (kj, ). (Entered: 12/30/2009)
12/3/2009 18 STIPULATION Regarding Extension of Time for Freedom Grill Inc. to Respond to Complaint (Roche, David) (Entered: 12/03/2009)
12/1/2009 17 MINUTE entry before the Honorable Harry D. Leinenweber:Defendants' Unopposed Motion for extension of time until 12/30/2009 in which to answer 15 is granted.Mailed notice (wp, ) (Entered: 12/01/2009)
11/23/2009 16 ATTORNEY Appearance for Defendants Sunbeam Products, Inc., Jarden Corporation by Joshua M. Wiersma. (aac, ) (Entered: 11/25/2009)
11/23/2009 15 MOTION by Defendants Sunbeam Products, Inc., Jarden Corporation for extension of time to file answer regarding complaint, 1 or otherwise plead (Pasternak, Thomas) (Entered: 11/23/2009)
11/23/2009 14 ATTORNEY Appearance for Defendants Sunbeam Products, Inc., Jarden Corporation by Thomas Gerard Pasternak (Pasternak, Thomas) (Entered: 11/23/2009)
11/16/2009 13 SUMMONS Returned Executed by Weber-Stephen Products Co. as to Freedom Grill, Inc. on 11/13/2009, answer due 12/3/2009. (Tallitsch, Daniel) (Entered: 11/16/2009)
11/12/2009 12 SUMMONS Returned Executed by Weber-Stephen Products Co. as to Sunbeam Products, Inc. on 11/6/2009, answer due 11/30/2009. (Tallitsch, Daniel) (Entered: 11/12/2009)
11/12/2009 11 SUMMONS Returned Executed by Weber-Stephen Products Co. as to Jarden Corporation on 11/6/2009, answer due 11/30/2009. (Tallitsch, Daniel) (Entered: 11/12/2009)
11/11/2009 10 AFFIDAVIT of Service filed by Plaintiff Weber-Stephen Products Co. regarding Summons and Complaint served on Sunbeam Products Co. (c/o Scott Lascala, The Corporation Trust Co.) on November 6, 2009 (Tallitsch, Daniel) (Entered: 11/11/2009)
11/11/2009 9 AFFIDAVIT of Service filed by Plaintiff Weber-Stephen Products Co. regarding Summons and Complaint served on Jarden Corp. (c/o Scott Lascala, The Corporation Trust Co.) on November 6, 2009 (Tallitsch, Daniel) (Entered: 11/11/2009)
11/4/2009 7 SUMMONS Issued as to Defendants Freedom Grill, Inc., Sunbeam Products, Inc., Jarden Corporation. (kj, ) (Entered: 11/04/2009)
11/4/2009 6 Notice by Weber-Stephen Products Co. of claim involving patents (Tallitsch, Daniel) (Entered: 11/04/2009)
11/4/2009 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Weber-Stephen Products Co. (Tallitsch, Daniel) (Entered: 11/04/2009)
11/4/2009 4 ATTORNEY Appearance for Plaintiff Weber-Stephen Products Co. by David I. Roche (Roche, David) (Entered: 11/04/2009)
11/4/2009 3 ATTORNEY Appearance for Plaintiff Weber-Stephen Products Co. by Daniel Alan Tallitsch (Tallitsch, Daniel) (Entered: 11/04/2009)
11/4/2009 2 CIVIL Cover Sheet (Tallitsch, Daniel) (Entered: 11/04/2009)
11/4/2009 1 COMPLAINT for patent infringement filed by Weber-Stephen Products Co.; Jury Demand. Filing fee $ 350, receipt number 07520000000004249422. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Tallitsch, Daniel) (Entered: 11/04/2009)
11/4/2009 CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Susan E. Cox. (daj, ) (Entered: 11/04/2009)
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