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Case 1:08-cv-00069-LSM

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Case 1:08-cv-00069-LSM United States Patent & Trademark Office

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Case 1:08-cv-00069-LSM

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Case 1:08-cv-00069-LSM

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US District Court Civil Docket
U.S. District - New York Southern (Foley Square - NYC)

1:01cv4435 Avocent Redmond Corp v. Raritan Computer, et al
This case was retrieved from the court on Tuesday, May 24, 2005

Date Filed: Assigned To: Referred To: Nature of suit: Cause: Lead Docket: Other Docket: Jurisdiction:

05/23/2001 P Kevin Castel

Class Code: Closed: Statute:

CLOSED Yes 35:271 None $0 Patent

Patent (830) Patent Infringement None None Federal Question

Jury Demand: Demand Amount: NOS Description:

Litigants
Avocent Redmond Corp A Washington Corporation Plaintiff

Attorneys
Donald L Jackson [COR LD NTC] Davidson, Berquist, Klima & Jackson, LLP 4501 North Fairfax Drive Suite 920 Arlington, VA 22203 USA (703) 248-0333 Fax: (703) 248-9558 James D Berquist [COR LD NTC] Davidson, Berquist, Klima & Jackson, LLP 4501 North Fairfax Drive Suite 920 Arlington, VA 22203 USA (703) 248-0333 Fax: (703) 248-9558 Paul S Grossman [COR LD NTC] Friedman, Wittenstein & Hochman, A Professional Corporation 101 East 52ND Street, 15TH Floor New York, NY 10022 USA (212)750-8700 Fax: (212)223-8391 Email: [email protected] Scott J Davidson

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[COR LD NTC] Davidson, Berquist, Klima & Jackson, LLP 4501 North Fairfax Drive Suite 920 Arlington, VA 22203 USA (703) 248-0333 Stuart I Friedman [COR LD NTC] Friedman, Wittenstein & Hochman 101 East 52ND Street New York, NY 10022 USA (212) 750-8700 Email: [email protected] Apex Inc A Washington Corporation Plaintiff Raritan Computer, Inc A New Jersey Corporation Defendant David Michael Hill [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] John W Olivo, Jr [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212) 697-6262 John Francis Ward [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] Vincent E McGeary [COR LD NTC] Gibbons, Del Deo, Dolan, Griffinger and Vecchione PC One Riverfront Plaza Newark, NJ 07012-5496 USA Raritan Computer, Inc Counter Other John Francis Ward [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] Vincent E McGeary [COR LD NTC] Gibbons, Del Deo, Dolan, Griffinger and Vecchione PC One Riverfront Plaza

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Newark, NJ 07012-5496 USA Avocent Redmond Corp Counter Defendant Donald L Jackson [COR LD NTC] Davidson, Berquist, Klima & Jackson, LLP 4501 North Fairfax Drive Suite 920 Arlington, VA 22203 USA (703) 248-0333 Fax: (703) 248-9558 James D Berquist [COR LD NTC] Davidson, Berquist, Klima & Jackson, LLP 4501 North Fairfax Drive Suite 920 Arlington, VA 22203 USA (703) 248-0333 Fax: (703) 248-9558 Scott J Davidson [COR LD NTC] Davidson, Berquist, Klima & Jackson, LLP 4501 North Fairfax Drive Suite 920 Arlington, VA 22203 USA (703) 248-0333 Fax: (703) 248-9558 Stuart I Friedman [COR LD NTC] Friedman, Wittenstein & Hochman 101 East 52ND Street New York, NY 10022 USA (212) 750-8700 Email: [email protected] Raritan Computer Taiwan, Inc Defendant Raritan Computer, Inc Counter Other David Michael Hill [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] John W Olivo, Jr [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212) 697-6262 John Francis Ward [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA

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(212)-697-6262 Fax: (212)-972-5866 Email: [email protected] Vincent E McGeary [COR LD NTC] Gibbons, Del Deo, Dolan, Griffinger and Vecchione PC One Riverfront Plaza Newark, NJ 07012-5496 USA Raritan Computer, Inc Thirdparty Plaintiff David Michael Hill [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] John W Olivo, Jr [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212) 697-6262 John Francis Ward [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] Vincent E McGeary [COR LD NTC] Gibbons, Del Deo, Dolan, Griffinger and Vecchione PC One Riverfront Plaza Newark, NJ 07012-5496 USA Motorola, Inc Thirdparty Defendant Myson Technology Thirdparty Defendant Raritan Computer, Inc Counter Other David Michael Hill [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] John W Olivo, Jr [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212) 697-6262

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John Francis Ward [COR LD NTC] Ward & Olivo 708 Third Avenue New York, NY 10017 USA (212)-697-6262 Fax: (212)-972-5866 Email: [email protected] Vincent E McGeary [COR LD NTC] Gibbons, Del Deo, Dolan, Griffinger and Vecchione PC One Riverfront Plaza Newark, NJ 07012-5496 USA

Date
05/23/2001 05/23/2001 05/23/2001 05/24/2001 06/20/2001

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Proceeding Text
COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 406958. (jco) (Entered: 05/24/2001) RULE 1.9 CERTIFICATE filed by Apex Inc. (jco) (Entered: 05/24/2001) Magistrate Judge Douglas F. Eaton is so designated. (jco) (Entered: 05/24/2001) Mailed notice to Commissioner of Patents and Trademarks. (jco) (Entered: 05/24/2001) AFFIDAVIT OF SERVICE of summons and complaint as to Raritan Computer by Esther A. Hsu, Purchasing Manager and owner's wife, on 6/15/01. Answer due on 7/5/01 for Raritan Computer. (sn) (Entered: 06/25/2001) RULE 1.9 CERTIFICATE filed by Raritan Computer. (djc) (Entered: 07/10/2001) ANSWER to Complaint and COUNTERCLAIM by Raritan Computer (Attorney John F. Ward) against Apex Inc.; Firm of: Ward & Olivo by attorney John F. Ward for defendant Raritan Computer. (djc) (Entered: 07/10/2001) REPLY by Apex Inc. to [5-2] counterclaim; Firm of: Friedman, Wittenstein & Hochman by attorney Paul S. Grossman for counter-defendant Apex Inc. (kkc) (Entered: 07/20/2001) NOTICE OF MOTION (filed on service date) by Apex Inc. for admission to appear pro hac vice of James D. Berquist , for admission to appear pro hac vice J. Scott Davidson , and, for admission to appear pro hac vice Donald L. Jackson in this action . Return date not indicated. Attached as Exhibit 4 is a Proposed Order. (tp) (Entered: 07/20/2001) DECLARATION of Donald L. Jackson by Apex Inc. Re: Apex's attempts to confer with counsel for Raritan purs. to Rule 26. (sn) (Entered: 08/02/2001) Report of the parties' conference purs. to F.R.C.P. 26(f) submitted by pltff Apex Inc. (sn) (Entered: 08/02/2001) Proposed Civil Case Management Plan pursuant to FRCP 26(f) filed by Raritan Computer Inc. (kkc) (Entered: 08/07/2001) CIVIL CASE MANAGEMENT PLAN: this action is not to be tried a jury; joinder of additional parties must be accomplished by 9/25/01; amended pleadings may be filed until 9/25/01; first request for production of documents, if any, are to be served by 8/13/01; interrogatories purs. to Rule 33.3(a) of the Local Rules of the SDNY are to be served by 8/13/01; depositions shall be completed by 1/28/02; experts, if any, are to be designated by 12/14/01 and experts' reports exchanged no later than 1/14/02, experts may be deposed; request to admit, if any, are to be served no later than 12/28/01; all discovery is to be completed by 1/28/02; dispositive motions are to be served by 2/1/02, answering papers are to be served by 2/18/02, reply apeprs are to be served by 2/25/02, at which time the fully submitted motion shall be filed with the Clerk of the Court; next case management conference scheduled for Friday, 2/1/02 at 2:00 p.m. ( signed by Judge Barbara S. Jones ); Copies mailed. (sac) (Entered: 08/08/2001) Memo endorsed on motion; granting [6-1] motion for admission to appear pro hac vice of James D. Berquist, granting [6-2] motion for admission to appear pro hac vice J. Scott Davidson, granting

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[6-3] motion for admission to appear pro hac vice Donald L. Jackson in this action. ( signed by Judge Barbara S. Jones ); Copies mailed. Original document forwarded to Attorney Admissions Clerk. (kkc) (Entered: 08/30/2001) 08/29/2001 12 CONFIDENTIALITY STIPULATION and PROTECTIVE ORDER; regarding procedures that will govern the handling of confidential information . ( signed by Judge Barbara S. Jones ) (sn) (Entered: 08/30/2001) SEALED DOCUMENT placed in vault. (wv) (Entered: 09/25/2001) NOTICE OF MOTION (FILED ON SERVICE DATE) by Apex Inc.; for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action . Return date not indicated. (kkc) (Entered: 09/26/2001) MEMORANDUM OF LAW by Apex Inc. in support of [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. (kkc) (Entered: 09/26/2001) DECLARATION of Joseph C. McAlexander by Apex Inc. in support of: [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. (kkc) (Entered: 09/26/2001) NOTICE OF MOTION (FILED ON SERVICE DATE) by Apex Inc.; for an Order pursuant to FRCP 26(c) for permission to file under seal the Declaration of Christopher Sirianni and Declaration of David Perry supporting plaintiff's motion for entry of a preliminary injunction . Return date not indicated. (kkc) (Entered: 09/26/2001) MEMORANDUM OF LAW by Apex Inc. in support of [17-1] motion for an Order pursuant to FRCP 26(c) for permission to file under seal the Declaration of Christopher Sirianni and Declaration of David Perry supporting plaintiff's motion for entry of a preliminary injunction. (kkc) (Entered: 09/26/2001) NOTICE OF MOTION by Apex Inc.; for an Order to amend the complaint to add Raritan Computer Taiwan, Inc. as an additional defendant, to add allegations of patent infringement under 35 U.S.C. 271(f), and to add a claim for tortious interference with prospective economic advantage under New York law . Return date not indicated. Filed on service date. (jco) (Entered: 10/11/2001) MEMORANDUM OF LAW by Apex Inc. in support of [19-1] motion for an Order to amend the complaint to add Raritan Computer Taiwan, Inc. as an additional defendant, to add allegations of patent infringement under 35 U.S.C. 271(f), and to add a claim for tortious interference with prospective economic advantage under New York law . (ae) (Entered: 01/14/2003) Memo-Endorsement on letter addressed to Judge Jones from John F. Ward, dated 10/2/01. Defendant's response to motion reset to 10/17/01 for [19-1] motion for an Order to amend the complaint to add Raritan Computer Taiwan, Inc. as an additional defendant, to add allegations of patent infringement under 35 U.S.C. 271(f), and to add a claim for tortious interference with prospective economic advantage under New York law, reset to 10/17/01 for [17-1] motion for an Order pursuant to FRCP 26(c) for permission to file under seal the Declaration of Christopher Sirianni and Declaration of David Perry supporting plaintiff's motion for entry of a preliminary injunction, reset to 10/17/01 for [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action . ( signed by Judge Barbara S. Jones ); Copies mailed. (kw) (Entered: 10/12/2001) Remark by the Cashier's Office, on copy of doc. #6, that on 10/11/01 the admissions fee of $75.00 for attorneys James D. Berquist, J. Scott Davidson, and Donald L. Jackson admitted pro hac vice was paid. (Rec. #418967) (kw) (Entered: 10/15/2001) MEMORANDUM OF LAW by Raritan Computer in opposition to [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. (jco) (Entered: 10/23/2001) OPPOSITION by Raritan Computer to [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. (jco) (Entered: 10/23/2001)

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DECLARATION of Marcian E. Hoff by Raritan Computer in opposition Re: [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. (jco) (Entered: 10/23/2001) DECLARATION of David M. Hill by Raritan Computer in opposition Re: [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. (jco) (Entered: 10/23/2001) MEMORANDUM OF LAW by Raritan Computer in opposition to [19-1] motion for an Order to amend the complaint to add Raritan Computer Taiwan, Inc. as an additional defendant, to add allegations of patent infringement under 35 U.S.C. 271(f), and to add a claim for tortious interference with prospective economic advantage under New York law. (Received in night deposit box on 10/23/01, at 7:34 p.m.) (tp) Modified on 11/14/2001 (Entered: 11/14/2001) REPLY by Apex Inc. in support of: [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action (moc) (Entered: 10/31/2001) SEALED DOCUMENT placed in vault. (wv) (Entered: 11/02/2001) MEMORANDUM OF LAW by Raritan Computer in opposition to [19-1] motion for an Order to amend the complaint to add Raritan Computer Taiwan, Inc. as an additional defendant, to add allegations of patent infringement under 35 U.S.C. 271(f), and to add a claim for tortious interference with prospective economic advantage under New York law. (tp) (Entered: 11/14/2001) DECLARATION of David M. Hill by Raritan Computer in support of Raritan's memorandum of law in opposition to plaintiff's motion to amend the complaint. (tp) (Entered: 11/14/2001) SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001) ORDER, defendant agrees not to make any offeror sales of its Paragon product to Compaq Computer Corporation through completion of a trial on the merits in this case . ( signed by Judge Milton Pollack ); Copies mailed. (kw) (Entered: 11/13/2001) Notice of Case Reassignment to Judge Milton Pollack . Copy of notice and judge's rules mailed to Attorney(s) of record: Stuart I. Friedman, Paul S. Grossman, John F. Ward . (jol) (Entered: 11/16/2001) This document is stricken from Record pursuant to order of Judge Pollack, doc.# 40. (jp) Modified on 01/03/2002 (Entered: 11/19/2001) ORDER, denying [14-1] motion for an Order pursuant to 35 U.S.C. 283 preliminarily enjoining defendant from making, selling, using, offering to sell or importing the switching products known as the Paragon Switch System through trial in this action. ( signed by Judge Milton Pollack ); Copies mailed. (kw) (Entered: 11/28/2001) ORDER, granting in part, denying in part [19-1] motion for an Order to amend the complaint to add Raritan Computer Taiwan, Inc. as an additional defendant, to add allegations of patent infringement under 35 U.S.C. 271(f), and to add a claim for tortious interference with prospective economic advantage under New York law. ( signed by Judge Milton Pollack ); Copies mailed. (kw) (Entered: 11/28/2001) This document is stricken from Record pursuant to order of Judge Pollack, doc.# 40. (yv) Modified on 01/03/2002 (Entered: 12/12/2001) This document is stricken from Record pursuant to order of Judge Pollack, doc.# 40. (yv) Modified on 01/03/2002 (Entered: 12/12/2001) This document is stricken from Record pursuant to order of Judge Pollack, doc.# 40. (yv) Modified on 01/03/2002 (Entered: 12/12/2001) ANSWER to Complaint and COUNTERCLAIM by Raritan Computer (Attorney John W. Olivo Jr., David M. Hill) against Apex Inc. ; Firm of: Ward & Olivo by attorney David M. Hill for defendant Raritan Computer, John W. Olivo Jr. for defendant Raritan Computer, John F. Ward for defendant Raritan Computer (db) (Entered: 12/10/2001) AFFIDAVIT OF SERVICE of summons and complaint as to Raritan Taiwan, Inc. by Ching I. Hsu on

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12/4/01 . Answer due on 12/24/01 for Raritan Taiwan, Inc. . (bai) (Entered: 12/17/2001) 12/17/2001 39 NOTICE OF MOTION by Apex Inc. for an Order under FRCP 12(f) striking Raritan's response to amended complaint , or, in the alternative severing Raritan's newly added claims from the present action . No Return date indicated. (db) (Entered: 12/19/2001) Memo endorsed on motion; [39-1,2] Motion Disposed of as per Order of this date. ( signed by Judge Milton Pollack ); Copies mailed. (tp) Modified on 12/28/2001 (Entered: 12/28/2001) ORDER, that Apex's "Amended Complaint" is hereby stricken from the record in this case. Raritan's responsive pleading entitled "Answer and Counterclaims to Apex's Amended Complaint and Third-Party Complaint Against Motorola, Inc. And Myson Technology, Inc." are also stricken from the record, and of no force or effect herein . ( signed by Judge Milton Pollack ); Copies mailed. (tp) Modified on 01/03/2002 (Entered: 12/28/2001) NOTICE OF MOTION by Apex Inc. pursuant to Rule 56 FRCP for summary judgment that U.S. Patent No. 5,884,096, U.S. Patent No. 6,112,264, and U.S. Patent No. 5,397,176 are not invalid for failure to disclose the best mode . Return date not indicated. Received in night deposit box on 1/2/02 at 7:39 p.m. (yv) (Entered: 01/04/2002) RULE 56.1 STATEMENT filed by Apex Inc. Received in night deposit box on 1/2/02 at 7:39 p.m. (yv) (Entered: 01/04/2002) MEMORANDUM OF LAW by Apex Inc. in support of [41-1] motion pursuant to Rule 56 FRCP for summary judgment that U.S. Patent No. 5,884,096, U.S. Patent No. 6,112,264, and U.S. Patent No. 5,397,176 are not invalid for failure to disclose the best mode . Received in night deposit box on 1/2/02 at 7:40 p.m. (yv) (Entered: 01/04/2002) Issues Upon Which Plaintiff Bears the Burden of Proof by Apex Inc. Received in night deposit box on 1/2/02 at 7:38 p.m. (yv) Modified on 01/04/2002 (Entered: 01/04/2002) NOTICE OF MOTION by Apex Inc. pursuant to Rule 56 FRCP for summary judgment that the defendant Raritan Computer, Inc.'s Paragon infringes U.S. Patent No. 5,884,096, U.S. Patent No. 6,112,264, and U.S. Patent No. 5,397,176 . Return date not indicated. Received in night deposit box on 1/2/02 at 7:39 p.m. (yv) (Entered: 01/04/2002) MEMORANDUM OF LAW by Apex Inc. in support of [45-1] motion pursuant to Rule 56 FRCP for summary judgment that the defendant Raritan Computer, Inc.'s Paragon infringes U.S. Patent No. 5,884,096, U.S. Patent No. 6,112,264, and U.S. Patent No. 5,397,176 . Received in night deposit box on 1/2/02 at 7:39 p.m. (yv) (Entered: 01/04/2002) RULE 56.1 STATEMENT filed by Apex Inc. Received in night deposit box on 1/2/02 at 7:39 p.m. (yv) Modified on 01/04/2002 (Entered: 01/04/2002) NOTICE OF MOTION IN LIMINE and Supporting Memorandum by Apex Inc. under Fed. R. Evid. 402, 403, and 702 for an Order in limine precluding Raritan from presenting testimony, argument, or evidence at trial regarding the following matters (1) reliance on opinion of counsel in rebuttal to Apex's charge of willfulness (2) prior art or element-by-element analyses not properly and timely identified and disclosed (3) any allegation of inequitable conduct relating to the prosecutions in the U.S. Patent and Trademark Office of any patent application that matured into any of the patents in suit (4) any allegation that Apex's claims are barred by laches, waiver, unclean hands or estoppel . Return date not indicated. Received in night deposit box on 1/2/02 at 7:40 p.m. (yv) (Entered: 01/04/2002) NOTICE OF MOTION by Raritan Computer pursuant to Rule 37(a) of the FRCP for an Order compelling Plaintiff Apex Inc. to produce all documents responsive to Request Nos. 19, 20 and 21 of Defendant Raritan Computer, Inc's First Request for Production of Documents to Plaintiff Apex, Inc. . Proposed Order attached. Return date not indicated. (yv) Modified on 01/04/2002 (Entered: 01/04/2002) DECLARATION of John F. Ward by Raritan Computer in support Re: [52-1] motion pursuant to Rule 37(a) of the FRCP for an Order compelling Plaintiff Apex Inc. to produce all documents responsive to Request Nos. 19, 20 and 21 of Defendant Raritan Computer, Inc's First Request for Production of Documents to Plaintiff Apex, Inc. . (yv) (Entered: 01/04/2002) NOTICE OF MOTION by Raritan Computer pursuant to Rule 37(a) of the FRCP for an Order compelling Plaintiff Apex Inc. to produce all documents responsive to Request No. 8 of Raritan Computer, Inc.'s First Request for Production of Documents . Proposed Order attached. Return date not indicated. (yv) (Entered: 01/04/2002)

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DECLARATION of John F. Ward by Raritan Computer in support Re: [54-1] motion pursuant to Rule 37(a) of the FRCP for an Order compelling Plaintiff Apex Inc. to produce all documents responsive to Request No. 8 of Raritan Computer, Inc.'s First Request for Production of Documents . (yv) (Entered: 01/04/2002) SEALED DOCUMENT placed in vault. (wv) (Entered: 01/11/2002) ORDER TO COMPEL PRODUCTION OF DOCUMENTS, that plaintiff respond to the aforementioned discovery requests in full, and without objection, on or before noon of 1/8/02 . ( signed by Judge Milton Pollack ); Copies mailed. (tp) (Entered: 01/04/2002) ORDER TO COMPEL PRODUCTION OF PRIOR LITIGATION DOCS., that plaintiff respond to the aforementioned discovery requests in full, and without objection, on or before noon of 1/8/02 . ( signed by Judge Milton Pollack ); Copies mailed. (tp) (Entered: 01/04/2002) NOTICE OF MOTION by Raritan Computer for an Order, pursuant to Rule 37(a) of the FRCP, compelling defendant Apex, Inc. to produce Stephen Thornton, Doyle Weeks and Christopher Thomas for depositions within the State of New York, along with Apex's 30(b)(6) witnesses, including as appropriate Christopher Sirianni, Dan Saracino, Kevin J. Hafer, Mark Hatlan, Gary Johnson and/or Ron Olson . Return date not indicated. Declaration of John F. Ward and a proposed order are attached. (tp) (Entered: 01/07/2002) ORDER, that plaintiff Apex has moved under Fed. R. Evid. 402, 403, and 702 for an Order in limine that defendant Raritan be precluded from presenting testimony, argument or evidence at trial regarding the matters as further set forth on this Order . ( signed by Judge Milton Pollack ); Copies mailed. (tp) (Entered: 01/04/2002) Memo endorsed on motion; Denying Apex's motion for reconsideration of its 1/3/02 Orders granting Raritan's [49-1,2], and [50-1,2] motions to compel . ( signed by Judge Milton Pollack ); Copies mailed. (tp) (Entered: 01/04/2002) Memo endorsed on copy of Apex's motion; for reconsideration of the Court's 1/3/02 Orders; Motion denied . ( signed by Judge Milton Pollack ); Copies mailed. (sn) (Entered: 01/07/2002) NOTICE OF MOTION by Apex Inc. for reconsideration of the Court's 1/3/02 Orders granting Raritan Computer, Inc.'s motions to compel prior litigation and foreign patent prosecution documents from Apex . No return date indicated. (sn) (Entered: 01/07/2002) OPPOSITION by Apex Inc. re: [57-1] motion for an Order, pursuant to Rule 37(a) of the FRCP, compelling defendant Apex, Inc. to produce Stephen Thornton, Doyle Weeks and Christopher Thomas for depositions within the State of New York, along with Apex's 30(b)(6) witnesses, including as appropriate Christopher Sirianni, Dan Saracino, Kevin J. Hafer, Mark Hatlan, Gary Johnson and/or Ron Olson. (sn) (Entered: 01/07/2002) MEMO-ENDORSEMENT on Apex's opposition to Raritan's motion to compel depositions in New York; denying [57-1] motion for an Order, pursuant to Rule 37(a) of the FRCP, compelling defendant Apex, Inc. to produce Stephen Thornton, Doyle Weeks and Christopher Thomas for depositions within the State of New York, along with Apex's 30(b)(6) witnesses, including as appropriate Christopher Sirianni, Dan Saracino, Kevin J. Hafer, Mark Hatlan, Gary Johnson and/or Ron Olson as being in contradiction to the understanding in joint conference on phone that one page summaries of the proposed witnesses testimony would suffice. ( signed by Judge Milton Pollack ); Copies mailed. (kw) (Entered: 01/07/2002) MEMO-ENDORSEMENT on Order to Show Cause; the order for leave to amend the Answer is denied. The last day for amending pleadings was 9/25/01. No extension thereof was authorized by the Court. No sufficient reason now appears to permit the proposed amendment . ( signed by Judge Milton Pollack ); Copies mailed. (kw) (Entered: 01/08/2002) Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 11/13/01. (cd) (Entered: 01/08/2002) Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 11/7/01. (cd) (Entered: 01/08/2002) NOTICE OF MOTION by Raritan Computer under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26, and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe Beasley et al. U.S. Patent No. 5,937,176 . Return date not indicated. (yv) (Entered: 01/09/2002) MEMORANDUM OF LAW by Raritan Computer in support of [65-1] motion under FRCP 56 for an

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Document 24-3

Filed 06/23/2008

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Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26, and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe Beasley et al. U.S. Patent No. 5,937,176 . (yv) (Entered: 01/09/2002) 01/08/2002 67 NOTICE OF MOTION by Raritan Computer under FRCP 56 for an Order granting partial summary judgment that at least claims 6-7, 10, and 32 of Beasley et al. U.S. Patent No. 5,884,096 are invalid an anticipated under 35 U.S.C. 102(b) and/or 102(g) of the Patent Laws by the systems disclosed in either Perholtz, et al. U.S. Patent No. 5,732,212 or the Polycon Management System . Return date not indicated. (yv) (Entered: 01/09/2002) MEMORANDUM OF LAW by Raritan Computer in support of [18-1] support memorandum . (yv) (Entered: 01/09/2002) NOTICE OF MOTION by Raritan Computer under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096, Claim 1 of Beasley et al. U.S. Patent No. 5,937,176, and Claims 1-7, 9, 14 and 16 of Beasley et al. U.S. Patent No. 6,112,264 . Return date not indicated. (yv) (Entered: 01/09/2002) MEMORANDUM OF LAW by Raritan Computer in support of [69-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096, Claim 1 of Beasley et al. U.S. Patent No. 5,937,176, and Claims 1-7, 9, 14 and 16 of Beasley et al. U.S. Patent No. 6,112,264 . (yv) (Entered: 01/09/2002) NOTICE OF MOTION by Raritan Computer under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system does not infringe Beasley et al U.S. Patent No. 5,937,176 . Return date not indicated. (yv) (Entered: 01/09/2002) MEMORANDUM OF LAW by Raritan Computer in support of [71-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system does not infringe Beasley et al U.S. Patent No. 5,937,176 . (yv) (Entered: 01/09/2002) NOTICE OF MOTION by Raritan Computer under FRCP 56 for an Order granting partial summary judgment that Raritan's MasterConsle products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096 and Claims 1-7, 9, 14, and 16 of Beasley et al. U.S. Patent No. 6,112,264 . Return date not indicated. (yv) (Entered: 01/09/2002) MEMORANDUM OF LAW by Raritan Computer in support of [73-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's MasterConsle products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096 and Claims 1-7, 9, 14, and 16 of Beasley et al. U.S. Patent No. 6,112,264 . (yv) (Entered: 01/09/2002) NOTICE OF MOTION by Raritan Computer under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26 and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe claims 1-7, 9, 14, and 16 of Beasley et al U.S. Patent No. 6,112,264 . Return date not indicated. (yv) (Entered: 01/09/2002) MEMORANDUM OF LAW by Raritan Computer in support of [75-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26 and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe claims 1-7, 9, 14, and 16 of Beasley et al U.S. Patent No. 6,112,264 . Apex Patents and file Histories (Exhibits 1-8) and Additional Exhibits Relied on in Support of Raritan's Motions for Partial Summary Judgment (Exhibits No. 9-26) attached. (yv) Modified on 01/09/2002 (Entered: 01/09/2002) ORDER, all requested documents were ordered produced to the defendant. The latter claims they were not complete as produced. Immediate production is hereby ordered, without redaction, of the requested, required production, subject to such appropriate sanctions as may appear if the initial court Order was not complied with in time, same to be considered later. In view of all the facts and circumstances, the damage phases of the case, if any are required, will be bifurcated and heard at a convenient postponement as fixed by the Court . ( signed by Judge Milton Pollack ); Copies mailed. (kw) Modified on 03/14/2002 (Entered: 01/10/2002) DECLARATION of David M. Hill by Raritan Computer in support of Re: [75-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26 and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe claims 1-7, 9, 14, and 16 of Beasley et al U.S. Patent No.

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01/08/2002

70

01/08/2002

71

01/08/2002

72

01/08/2002

73

01/08/2002

74

01/08/2002

75

01/08/2002

76

01/10/2002

77

01/14/2002

79

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Case 1:08-cv-00069-LSM

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Filed 06/23/2008

Page 15 of 56

6,112,264, [73-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's MasterConsle products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096 and Claims 1-7, 9, 14, and 16 of Beasley et al. U.S. Patent No. 6,112,264, [71-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system does not infringe Beasley et al U.S. Patent No. 5,937,176, [69-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096, Claim 1 of Beasley et al. U.S. Patent No. 5,937,176, and Claims 1-7, 9, 14 and 16 of Beasley et al. U.S. Patent No. 6,112,264, [67-1] motion under FRCP 56 for an Order granting partial summary judgment that at least claims 6-7, 10, and 32 of Beasley et al. U.S. Patent No. 5,884,096 are invalid an anticipated under 35 U.S.C. 102(b) and/or 102(g) of the Patent Laws by the systems disclosed in either Perholtz, et al. U.S. Patent No. 5,732,212 or the Polycon Management System, [65-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26, and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe Beasley et al. U.S. Patent No. 5,937,176. (kw) (Entered: 01/14/2002) 01/14/2002 01/14/2002 01/14/2002 01/14/2002 80 81 82 83 DECLARATION of Sharad Malik by Raritan Computer. (kw) (Entered: 01/14/2002) RULE 56.1 STATEMENT filed by Raritan Computer. (kw) (Entered: 01/14/2002) NOTICE OF MOTION by Apex Inc. for Robert A. Rowan to appear pro hac vice . Return date 7/5/01. (bai) (Entered: 01/15/2002) NOTICE OF MOTION by Apex Inc. for an order pursuant to FRCP 37(c)(1) and FRE 402, 403, and 702 in limine precluding Raritan from presenting testimony, argument, or evidence at trial regarding testimony from any expert witness . Return date not indicated. (bai) (Entered: 01/15/2002) Bench trial begun before Judge Milton Pollack. (kw) (Entered: 01/24/2002) RENEWED NOTICE OF MOTION IN LIMINE AND SUPPORTING MEMORANDUM by Apex Inc. under Fed. R. Evid. 402, 403, and 702 for an Order in limine precluding Raritan from presenting testimony, argument, or evidence at trial regarding, inter alia, any prior art or element-by-element analyses not properly and timely identified and disclosed . Return date not indicated. (yv) (Entered: 01/16/2002) NOTICE OF MOTION AND SUPPORTING MEMORANDUM by Apex Inc. for an Order precluding Raritan from presenting its agruments on the Polycon catalog . Return date not indicated. (yv) Modified on 01/16/2002 (Entered: 01/16/2002) Objection(s) by Apex Inc. to Raritan's Trial Exhibits. (yv) (Entered: 01/16/2002) NOTICE OF MOTION by Raritan Computer for an Order dismissing the present case based on patent unenforceability of Beasley et al. U.S. Pat. No. 5,884,096, Beasley et al. U.S. Pat. No. 5,937,176 and Beasley et al. U.S. Pat. No. 6,112,264 . Return date not indicated. (yv) (Entered: 01/16/2002) DECLARATION of John F. Ward by Raritan Computer in support Re: [87-1] motion for an Order dismissing the present case based on patent unenforceability of Beasley et al. U.S. Pat. No. 5,884,096, Beasley et al. U.S. Pat. No. 5,937,176 and Beasley et al. U.S. Pat. No. 6,112,264 . (yv) (Entered: 01/16/2002) Bench trial held before Judge Milton Pollack. (kw) (Entered: 01/24/2002) Bench trial held before Judge Milton Pollack. (kw) (Entered: 01/24/2002) Bench trial held before Judge Milton Pollack. (kw) (Entered: 01/24/2002) MEMORANDUM OF LAW by Raritan Computer in opposition to [45-1] motion pursuant to Rule 56 FRCP for summary judgment that the defendant Raritan Computer, Inc.'s Paragon infringes U.S. Patent No. 5,884,096, U.S. Patent No. 6,112,264, and U.S. Patent No. 5,397,176 . (db) (Entered: 01/18/2002) MEMORANDUM OF LAW by Raritan Computer in opposition to [45-1] motion pursuant to Rule 56 FRCP for summary judgment that the defendant Raritan Computer, Inc.'s Paragon infringes U.S. Patent No. 5,884,096, U.S. Patent No. 6,112,264, and U.S. Patent No. 5,397,176 . (db) (Entered: 01/18/2002) NOTICE OF MOTION by Apex Inc. under FRCP 37(C)(1) and Federal Rules of Evidence 402,403 and 702 for an order in limine precluding Raritan from presenting testimony, argument, or evidence at

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---89

01/18/2002

90

01/18/2002

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Case 1:08-cv-00069-LSM

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Filed 06/23/2008

Page 16 of 56

trial regarding testimony from any "patent expert" witness. Under Rule 37 , parties are precluded from using evidence not properly disclosed during discovery. The preclusion sanction is self-executing and automatic when a party fails to disclose relevant material that it expects to use as evidence . No Return date indicated. (db) Modified on 01/25/2002 (Entered: 01/23/2002) 01/18/2002 01/22/2002 -92 Bench trial held before Judge Milton Pollack. (kw) (Entered: 01/24/2002) MEMORANDUM OF LAW by Apex Inc. in opposition to [87-1] motion for an Order dismissing the present case based on patent unenforceability of Beasley et al. U.S. Pat. No. 5,884,096, Beasley et al. U.S. Pat. No. 5,937,176 and Beasley et al. U.S. Pat. No. 6,112,264 . (bai) Modified on 01/25/2002 (Entered: 01/23/2002) Bench trial held before Judge Milton Pollack. (kw) (Entered: 01/24/2002) Bench trial concluded before Judge Milton Pollack. Judge decision is reserved. Total trial days is 7. (kw) (Entered: 01/24/2002) MEMORANDUM OF LAW by Apex Inc. in opposition to [75-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26 and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe claims 1-7, 9, 14, and 16 of Beasley et al U.S. Patent No. 6,112,264, [73-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's MasterConsle products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096 and Claims 1-7, 9, 14, and 16 of Beasley et al. U.S. Patent No. 6,112,264, [71-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system does not infringe Beasley et al U.S. Patent No. 5,937,176, [69-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 11, 20 and 26 of Beasley et al. U.S. Patent No. 5,884,096, Claim 1 of Beasley et al. U.S. Patent No. 5,937,176, and Claims 1-7, 9, 14 and 16 of Beasley et al. U.S. Patent No. 6,112,264, [67-1] motion under FRCP 56 for an Order granting partial summary judgment that at least claims 6-7, 10, and 32 of Beasley et al. U.S. Patent No. 5,884,096 are invalid an anticipated under 35 U.S.C. 102(b) and/or 102(g) of the Patent Laws by the systems disclosed in either Perholtz, et al. U.S. Patent No. 5,732,212 or the Polycon Management System, [65-1] motion under FRCP 56 for an Order granting partial summary judgment that Raritan's Paragon system and MasterConsole products do not infringe claims 1, 6-7, 10-11, 20, 26, and 32 of Beasley et al. U.S. Patent No. 5,884,096 and does not infringe Beasley et al. U.S. Patent No. 5,937,176. Received in night deposit box on 1/23/02 at 5:09 p.m. (db) (Entered: 01/25/2002) PROPOSED (MARKMAN) FINDINGS OF FACT AND CONCLUSIONS OF LAW. (db) Modified on 02/07/2002 (Entered: 01/28/2002) COUNTER STATEMENT TO RULE 56.1 filed by Apex Inc. Received in night deposit box on 1/25/02 at 7:12 p.m. (yv) (Entered: 01/29/2002) NOTICE OF MOTION by Apex Inc. under Fed.R.Evid. 402, 403, 802 and 807 and Rule 26 FRCP and 35 U.S.C. Section 282 for an Order striking from evidence the hearsay declarations, attorney argument, and other hearsay evidence obtained from the Cybex litigation, which Raritan's marked as Raritan Trial Exhibits 1, 10-16, 29, 31-32, 41, 46-47 and 49-51, but never used at trial, as well as the extremely belatedly identified Exhibits 18 and 53 and all hearsay testimony with respect to Exhibits 18 and 53 . Return date not indicated. (yv) (Entered: 02/04/2002) FINDINGS OF FACT AND CONCLUSIONS OF LAW. ( signed by Judge Milton Pollack ) (kw) (Entered: 02/25/2002) JUDGMENT that this action came on for trial before the Court, Honorable Milton Pollack, Senior District Judge, presiding, and the issues of infringement having been tried and a decision with Findings of Fact and Conclusion of Law thereon having been duly rendered, it is Ordered and Adjudged: 1. Judgment is granted in favor of the defendant on the ground on non-infringement by the defendant of the patents in suit; and that to that extent the action be dismissed on the merits; and no evidence having been, or needing to be, taken in the circumstances herein on the defendant's cross claims, the same are hereby dismissed, without prejudice. 2. That the plaintiff take nothing and that the defendant Raritan Computer, Inc. recover of the plaintiff Apex Inc. its court costs of action. (signed by James M. Parkison, Clerk of Court). Mailed copies and notice of right to appeal. Entered On Docket: 2/25/02. (kw) Modified on 02/25/2002 (Entered: 02/25/2002) Case closed. (kw) (Entered: 02/25/2002) Transcript of record of proceedings before Judge Milton Pollack for the dates of January 14,15,16,17 2002. (kw) Modified on 03/13/2002 (Entered: 03/13/2002)

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94 95 96

02/25/2002 02/25/2002

97 98

02/25/2002 03/11/2002

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Case 1:08-cv-00069-LSM
03/11/2002 03/13/2002 03/19/2002 100 101 102

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Transcript of record of proceedings before Judge Milton Pollack for the dates of January 18, 22, 23, 2002. (kw) (Entered: 03/13/2002) Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 1/10/02. (df) (Entered: 03/13/2002) NOTICE OF APPEAL TO THE FEDERAL CIRCUIT by Apex Inc. ; from [98-1] judgment order Copies of notice of appeal mailed to Attorney(s) of Record: John F. Ward, Esq. $105.00 Appeal filing fee paid 3/19/02 on receipt # E 433922. (dt) (Entered: 03/19/2002) Notice of appeal and certified copy of docket to USCA for the FEDERAL CIRCUIT: [102-1] appeal by Apex Inc. ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 03/19/2002) Objection(s) by Apex Inc. to Raritan's Bill of Costs, Request to Tax Costs, and Notice of Hearing. (moc) (Entered: 04/04/2002) USCA FEDERAL CIRCUIT Case Number Re: [102-1] appeal by Apex Inc. USCA FEDERAL CIRCUIT NUMBER: 02-1303. (dt) (Entered: 04/16/2002) Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals for the Federal Circuit: [102-1] appeal by Apex Inc., [105-1] supplemental appeal (pr) (Entered: 01/14/2003) ROA files sent to USCA for the Federal Circuit, Washington D.C. (pr) (Entered: 01/14/2003) MANDATE OF USCA FEDERAL CIRCUIT (certified copy) Re: Remand [102-1] appeal by Apex Inc. We Vacate the District Court's grant for summary judgment of non-infringment and remand for further proceedings consistent with this opinion. (02-1303) Jan Horbaly, Clerk, U.S.C.A. for the Federal Circuit. (Certified 6/6/03). (ATTACHED BILL OF COSTS taxed in the amount of $1485.30 against Raritan Computer Inc.)(DOCKETED AS A JUDGMENT # 03,1196 ON 6/11/03). (dt) Modified on 06/12/2003 (Entered: 06/10/2003) Record on appeal files (02-1303) returned from U.S. Court of Appeals for the Federal Circuit: [102-1] appeal by Apex Inc. (Sealed Document #'s 13,26,27 & 78 returned to sealed records). (dt) (Entered: 06/16/2003) Letter filed addressed to Mr. McMahon from Paul S. Grossman, dated 6/25/03, re: name change of Apex Inc. to Avocent Redmond Corp. also changed law firms. Nixon & Vanderhye P.C. and its lawyers are no longer counsel for Apex. (jco) (Entered: 06/27/2003) NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Milton Pollack no longer assigned to the case. (jjm, ) (Entered: 10/15/2004) ORDER; this action has been reassigned to my docket. All existing deadlines and schedules remain in effect. All counsel are directed to attend a conference with the understanding to be held on 10/21/04 at 2:30 p.m., in Courtroom 12C of the United States Courthouse, 500 Pearl Street. (Signed by Judge P. Kevin Castel on 10/6/04) Copies Faxed By Chambers.(sac, ) (Entered: 10/19/2004) Mailed notice to the attorney(s) of record. (jjm, ) (Entered: 10/15/2004) Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 10/21/2004. Briefing schedule for the Markman Hearing which is scheduled for 02/03/2005 at 10:00 AM. Brief due by 12/15/2004, opposition papers are due 01/17/2005. Pretrial Conference set for 11/5/2004 3:30 PM before P. Kevin Castel. (jeh, ) (Entered: 10/25/2004) MEMORANDUM TO THE DOCKET CLERK: Pretrial conference held (yv, ) (Entered: 11/12/2004) SCHEDULING ORDER: Motions in limine due by 4/15/2005. Final Pretrial Conference set for 5/9/2005 09:45 AM before P. Kevin Castel. Joint Pretrial Order due by 4/15/2005. Trial is set by 5/16/2005. Additional discovery deadlines are as set forth in this Order. (Signed by Judge P. Kevin Castel on 11/8/04) (pl, ) (Entered: 11/10/2004) Raritan Computer claim construction statement. Document filed by Raritan Computer Taiwan, Inc. (cd, ) (Entered: 01/03/2005) Plaintiff Avocent Redmond's Pre-Markman Hearing Memorandum in Supuport of its proposed claim constructions.. Document filed by Avocent Redmond Corp, Avocent Redmond Corp. (djc, ) (Entered: 01/04/2005)

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-103 -105

01/14/2003 06/10/2003

-106

06/16/2003

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06/25/2003

107

10/05/2004 10/07/2004

108 109

10/15/2004 10/21/2004

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-110

12/15/2004 12/15/2004

111 112

Copyright © 2005 LexisNexis CourtLink, Inc. All Rights Reserved. ***THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY***

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01/12/2005 113

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ENDORSED LETTER addressed to Judge Castel from Paul S. Grossman dated 1/11/2005 re: Outlining discovery disputes. The parties, through their counsel, are directed to meet and confer, face to face, for a period no less than ninety minutes on the issues set forth in Mr. Grossman's letter. Thereafter, the parties are directed to submit a joint letter to the Court outlining the remaining disputes. I will hold a conference on February 3, 2005 at 10:00 a.m. The joint letter should be faxed to chambers three (3) days in advance So Ordered. (Signed by Judge P. Kevin Castel on 1/12/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 01/12/2005) Set/Reset Hearings: Pretrial Conference set for 2/3/2005 10:00 AM before P. Kevin Castel. (D'Agostino, Andrew) (Entered: 01/12/2005) DEFENDANT RARITAN COMPUTER, INC. REPLY TO AVOCENT REDMONS'S PROPOSED CLAIM CONSTRUCTIONS. Document filed by Raritan Computer, Inc.. (jmi, ) (Entered: 01/20/2005) DECLARATION of Sharad Malik, Ph.D.. Document filed by Raritan Computer, Inc.. (jmi, ) (Entered: 01/20/2005) AVOCENT REDMOND'S ANSWERING PRE-MARKMAN HEARING BRIEFING. Document filed by Avocent Redmond Corp.(jmi, ) (Entered: 01/20/2005) ENDORSED LETTER addressed to Judge Castel from Paul S. Grossman dated 2/1/2005 re: Setting forth the parties' joint proposal for the conduct of the Markman Hearing. The schedule agreed upon by the parties is approved. (Signed by Judge P. Kevin Castel on 2/2/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 02/02/2005) MEMORANDUM TO THE DOCKET CLERK: Hearing held 2/03/2005. Court is adjourned to 2/4/2005 at 10:30 A.M. (jno, ) (Entered: 02/23/2005) MEMORANDUM TO THE DOCKET CLERK: Hearing held and concluded on 2/04/2005. The court reserves decision.The defendant will provide the plaintiff with Sales CHARTS BY 2/25/2005. THE DEFENDANT WILL RESPOND TO INTERROGATORY 6(R) BY 2/25/2005. (jno, ) (Entered: 02/23/2005) TRANSCRIPT of proceedings held on 2/3/05 before Judge P. Kevin Castel. (Martin, Leslie) (Entered: 02/14/2005) TRANSCRIPT of proceedings held on 2/5/05 before Judge P. Kevin Castel. (Martin, Leslie) (Entered: 02/15/2005) ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Vincent E. McGeary for Raritan Computer, Inc.; Raritan Computer, Inc.; Raritan Computer, Inc.; Raritan Computer, Inc. and Raritan Computer, Inc. admitted Pro Hac Vice. Subject to payment of fee. (Signed by Judge P. Kevin Castel on 3/7/2005) (jsa, ) (Entered: 03/11/2005) MEMORANDUM AND ORDER ON MARKMAN ISSUES....The final pretrial conference of May 9, 2005 at 9:45 a.m. and trial date of May 16 at 10:00 a.m. remain as scheduled. (Signed by Judge P. Kevin Castel on 3/11/2005) Copies Faxed to Counsel.(D'Agostino, Andrew) (Entered: 03/11/2005) ENDORSED LETTER addressed to Judge Castel from Vincent E. McGeary dated 3/14/2005 re: Requesting a premotion conference to discuss leave to file an amended answer. Premotion conference requirement is waived. Proceed by formal notice of motion to which plaintiff will have the opportunity to file opposing papers. (Signed by Judge P. Kevin Castel on 3/15/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 03/15/2005) NOTICE of Motion Pursuant to Rule 45 and 26(c) of The Federal Rules of Civil Procedure. Document filed by Avocent Redmond Corp. (jmi, ) (Entered: 03/22/2005) MEMORANDUM OF LAW in Support re: [124] Notice (Other). Document filed by Avocent Redmond Corp. (jmi, ) (Entered: 03/22/2005) ORDER...This patent infringement suit was commenced on May 23, 2001. From January 14-23, 2002, the Honorable Milton Pollack conducted a trial in this matter. Following trial, Judge Pollack observed that the infringement questions rested in large measure on claim construction, and ordered the parties to submit post-trial claim construction briefs on the disputed claim terms. On February 25, 2002, Judge Pollack adopted claim constructions for 14 of the disputed terms. He also found that none of Raritan's products infringed Apex's patents. An appeal was taken by Apex to the Court of Appeals for the Federal Circuit. On April 2, 2003, the Federal Circuit vacated all 14 claim constructions. Apex Inc. v. Raritan Computer, Inc., 325 F.3d 1364 (Fed. Cir. 2003). The case was reassigned to me on October 7, 2004, following Judge Pollack's death. Though there should not have been a need for additional discovery, on November 8, 2004, I granted the parties the

01/12/2005 01/18/2005 01/18/2005 01/18/2005 02/02/2005

-114 115 116 117

02/03/2005 02/04/2005

---

02/14/2005 02/15/2005 03/10/2005

118 119 120

03/11/2005

121

03/15/2005

122

03/15/2005 03/15/2005 03/16/2005

124 125 123

Copyright © 2005 LexisNexis CourtLink, Inc. All Rights Reserved. ***THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY***

Case 1:08-cv-00069-LSM

Document 24-3

Filed 06/23/2008

Page 19 of 56

opportunity to conduct some further fact discovery with the discovery period to close on March 15. (See Order of November 8.) On February 3, I conducted a Markman hearing and on March 11 ruled on claim construction. Defendant has recently sought to amend its answer and also has served subpoenas, which are returnable after the close of discovery. Simply put, fact discovery has ended. The motions to quash the subpoenas directed to non-parties Beasely, LaCrampe, Huffington, Greene and Hafer are granted because the subpoenas seek depositions after the close of discovery. My Order of November 8 unambiguously provides that discovery shall be completed by 03/15/05." (emphasis added). Defendant is free to move to amend its answer (see order of March 15), but discovery will not be reopened absent a showing that defendant was thwarted in its ability to conduct discovery in a timely fashion. If defendant wishes to substitute an expert witness by reason of so called "personal reasons", it should provide an affidavit generally describing the nature of the reasons and confirming that they are wholly unrelated to the merits of any claim or defense. The affidavit should be faxed to Chambers no later than noon March 21; defendant may provisionally designate the substitute expert at the same time. The dates of the final pretrial conference and trial were set on November 8. They remain May 9, 2005 at 9:45 a.m. for the final pretrial conference and May 16 at 10 a.m. for the trial. (Signed by Judge P. Kevin Castel on 3/16/2005) Copies Faxed to Counsel.(D'Agostino, Andrew) (Entered: 03/16/2005) 03/22/2005 126 ENDORSED LETTER addressed to Judge Castel from Michael A. Adler dated 3/21/2005 re: Requesting leave to designate another expert. The invitation to "provisionally designate" an alternate to Dr. Malik wa not a casual suggestion. See Order of March 16. Trial is less than two months away. The problem has been known or knowable for sometime. Defendant may substitute another expert for Dr. Malik, if but only, if the expert report of the new expert is served on plaintiff (by hand) no later than than noon, April 4, 2005. So Ordered. (Signed by Judge P. Kevin Castel on 3/21/2005) Copies Faxed by chambers.(D'Agostino, Andrew) (Entered: 03/22/2005) ENDORSED LETTER addressed to Judge Castel from John F. Ward dated 3/22/2005 re: Requesting leave to file its motion to amend the scheduling order. Premotion conference requirement waived. Plaintiff may respond by noon April 1 and defendant may reply by 10:00 a.m. on April 5. Unless and until I rule otherwise, parties should proceed on the assumption that the trial of this action will begin in Courtroom 12C at 10:00 a.m. on May 16, 2005. So Ordered. (Signed by Judge P. Kevin Castel on 3/23/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 03/23/2005) NOTICE OF MOTION AND MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims; and for Expedited Briefing Schedule. Document filed by Raritan Computer, Inc.. (jmi, ) (Entered: 03/29/2005) MEMORANDUM OF LAW in Support re: [131] MOTION for Leave to File.. Document filed by Raritan Computer, Inc.. (jmi, ) (Entered: 03/29/2005) DECLARATION of Vincent E. Mcgeary in Support re: [131] MOTION for Leave to File.. Document filed by Raritan Computer, Inc.. (jmi, ) (Entered: 03/29/2005) ORDER Granting Expedited Briefing Schedule...Raritan's motion for an expedited briefing schedule on its motion for leave to file an Amended Answer, Affirmative Defenses and Counterclaims is hereby granted. Brief in opposition due by April 5, 2005. Reply brief due by 4/8/2005. (Signed by Judge P. Kevin Castel on 3/28/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 03/28/2005) MOTION to reopen discovery and modify the scheduling order in this case. Document filed by Raritan Computer, Inc. (kw, ) (Entered: 04/04/2005) MEMORANDUM OF LAW in Support of re: [135] MOTION to Reopen. Document filed by Raritan Computer, Inc. (kw, ) (Entered: 04/04/2005) DECLARATION of David M. Hill in Support re: [135] MOTION to Reopen. Document filed by Raritan Computer, Inc. (kw, ) (Entered: 04/04/2005) ENDORSED LETTER addressed to Judge Castel from Paul S. Grossman dated 3/29/2005 re: Requesting a consolidated briefing schedule with respect to defendant Raritan's two outstanding motions. Avocent will file and serve one opposition brief to both outstanding motions, no later than April 5, with Raritan's reply brief(s), if any, to be filed and served by April 8. The proposed briefing schedule is approved. (Signed by Judge P. Kevin Castel on 3/30/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 03/31/2005) DECLARATION of Donald L. Jackson in Support of Avocent Redmond's Consolidated Opposition to Raritan's Motion to Amend Its Answer and Counterclaims and Its Motion to Re-Open Discovery. Document filed by Avocent Redmond Corp. (mde, ) (Entered: 04/11/2005) MEMORANDUM OF LAW in Opposition re: [131] MOTION for Leave to File. Document filed by

03/23/2005

127

03/23/2005

131

03/23/2005 03/23/2005 03/28/2005

132 133 130

03/28/2005 03/28/2005 03/28/2005 03/30/2005

135 136 137 134

04/06/2005

138

04/07/2005

139

Copyright © 2005 LexisNexis CourtLink, Inc. All Rights Reserved. ***THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY***

Case 1:08-cv-00069-LSM

Document 24-3

Filed 06/23/2008

Page 20 of 56

Avocent Redmond Corp. (yv, ) (Entered: 04/11/2005) 04/07/2005 140 DECLARATION of Donald L. Jackson in Support re: [139] Memorandum of Law in Oppisition to Motion. Exhibits 5-14 attached. Document filed by Avocent Redmond Corp. (yv, ) (Entered: 04/11/2005) DECLARATION of Elvin Esteves in Support re: [131] MOTION for Leave to File. Document filed by Raritan Computer, Inc. (jco, ) (Entered: 04/13/2005) REPLY MEMORANDUM OF LAW in Support re: [131] MOTION for Leave to File.. Document filed by Raritan Computer, Inc. (jco, ) (Entered: 04/13/2005) ENDORSED LETTER addressed to Judge Castel from APul S. Grossman dated 4/11/2005 re: The pre-trial matters may be submitted on April 27, 2005. So ordered. (Signed by Judge P. Kevin Castel on 4/11/2005) copies faxed to counsel by chambers.(jsa, ) (Entered: 04/15/2005) Set/Reset Deadlines: Pretrial Order due by 4/27/2005. (jsa, ) (Entered: 04/15/2005) ORDER By motion filed 3/23/05, defendant Raritan also seeks to reopen discovery for ninety (90) days and extend the time for redesignation of an expert. It assets that this application stands separate and independent from its motion to amend. I have considered Raritan's request at face value. Because Raritan has not demonstrateed good cause, the scheduled will not be modified. Rule 16, F.R.C.P. The motion for leave to file an amended answer and counterclaim (Docket Entry #131) and the motion to reopen discovery (Docket Entry #135) are denied. The dates of the final pretrial conference and trial remain as they were set on 11/8/04: May 9, 2005 at 9:45 a.m. for the final pretrial conference and May 16 at 10 a.m. for the trial. So Ordered. (Signed by Judge P. Kevin Castel on 4/12/05) (jco, ) (Entered: 04/15/2005) ENDORSED LETTER addressed to Judge Castel from Paul S. Grossman dated 4/12/05 re: request for permission to file 1 page sur-reply memorandum of law in opposition to Raritan Computer Product, Inc.'s motions to amend its pleadings and to re-open discovery. Denied as moot. He has already ruled (Signed by Judge P. Kevin Castel on 4/12/05) Copy faxed by Chambers.(yv, ) (Entered: 04/18/2005) LETTER addressed to Mr. McMahon from Donald L. Jackson dated 4/12/05 re: Counsel for Plaintiff writes in regards to their address change as follows: Davidson Berquist Jackson & Gowdey, LLP, 4300 Wilson Blvd., 7th Floor, Arlington, VA 22203; (703) 894-6400. Document filed by Apex Inc.(ae, ) (Entered: 04/26/2005) ENDORSED LETTER addressed to Judge Castel from Vincent E. McGeary dated 4/21/2005 re: Response to Mr. Grossman's letter of April 21, 2005 concerning Raritan's intent to disclose confidential materials to Dr. Robert Vigil, a non-testifying expert, under the Protective Order. Having reviewed plaintiff's letters of April 21 and 22, I grant defendant's application and permit Dr. Vigil access to confidential information as a non-testifying expert. (Signed by Judge P. Kevin Castel on 4/25/05) Copies mailed by chambers.(D'Agostino, Andrew) (Entered: 04/25/2005) ENDORSED LETTER addressed to Judge Castel from James D. Berquist dated 4/25/2005 re: Avocent respectfully asks the Court to strike the supplemental expert reports of Messrs. Davis, Fern and McNair served on APril 18, 2005, and issue an order preventing Raritan from presenting any of the opinions (and bases therefor) contained in those expert reports. Defendant shall show cause in writing, supported by affidavit, why its "supplemental" expert reports should not be stricken. Defendant's submission shall be served and filed by 5 pm on APril 28. Plaintiff may respond by 5 pm April 29th. Submissions may be faxed to chambers. (Signed by Judge P. Kevin Castel on 4/26/2005) Copies faxed by chambers.(D'Agostino, Andrew) (Entered: 04/26/2005) ENDORSED LETTER addressed to Judge Castel from Paul S. Grossman dated 4/27/2005 re: Requesting a two day extension for the filing of the parties' Pretrial Memoranda. Application granted. (Signed by Judge P. Kevin Castel on 4/27/2005) Copies Faxed by chambers.(D'Agostino, Andrew) (Entered: 04/27/2005) MOTION in Limine to exclude evidence that Raritan received opinions of counsel. Document filed by Avocent Redmond Corp. (jco, ) (Entered: 05/02/2005) MOTION in Limine to Exclude Prior Art Not Identified In Raritan's Interrogatory Responses. Document filed by Avocent Redmond Corp. (jco, ) (Entered: 05/02/2005) MOTION in