Case Details

CourtNorthern District of Georgia
Docket number1:02-cv-02887
Date case filed2002-10-22
Date case closed2005-06-22
Date of latest filing
Assigned toJudge Richard W. Story
Case cause35:281 Infringement of Patent/jurisdiction conferred 28:1338
Nature of suit830 Patent
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: The Coca-Cola Company
Party type: Counter Defendant
Attorney name: Bruce William Baber
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Clark G. Sullivan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey Emery Tompkins
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph R. Bankoff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert Timothy Neufeld
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas G. Sampson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: PepsiCo, Inc.
Party type: Counter Claimant
Attorney name: George L. Murphy , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 03/12/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer Reda
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Pasquale A. Razzano
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Susan A. Cahoon
Attorney Contact:
(See above for address)
TERMINATED: 03/12/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pepsi-Cola Company
Party type: Counter Claimant
TERMINATED: 02/20/2003
Attorney name: George L. Murphy , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer Reda
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Pasquale A. Razzano
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Susan A. Cahoon
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Rapak, LLC
Party type: Counter Claimant
Attorney name: Emmet J. Bondurant , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jill Anne Pryor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. McManus , Jr.
Attorney Contact:
McManus, Darden & Felsen LLP
Suite 810
1155 15th Street, NW
Washington, DC 20005
202-296-9260
Fax: 202-659-3732
Email: [email protected]
TERMINATED: 02/10/2003 LEAD ATTORNEY

Attorney name: Keith V. Rockey
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul Richard Game
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DSS Rapak, Inc.
Party type: Defendant
TERMINATED: 04/11/2005
Attorney name: Emmet J. Bondurant , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jill Anne Pryor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kathleen A. Lyons
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Keith V. Rockey
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Maurice E. Teixeira
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Neeli Ben-David
Attorney Contact:
U.S. Attorney's Office-ATL
Assistant United States Attorney
600 U.S. Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303
404-581-6303
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul Richard Game
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Sanjay Murthy
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Rapak, LLC
Party type: Counter Claimant
Attorney name: Emmet J. Bondurant , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jill Anne Pryor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. McManus , Jr.
Attorney Contact:
McManus, Darden & Felsen LLP
Suite 810
1155 15th Street, NW
Washington, DC 20005
202-296-9260
Fax: 202-659-3732
Email: [email protected]
TERMINATED: 02/10/2003 LEAD ATTORNEY

Attorney name: Keith V. Rockey
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul Richard Game
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The Coca-Cola Company
Party type: Counter Defendant
Attorney name: Bruce William Baber
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Clark G. Sullivan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey Emery Tompkins
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph R. Bankoff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert Timothy Neufeld
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas G. Sampson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: PepsiCo, Inc.
Party type: Counter Claimant
Attorney name: George L. Murphy , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 03/12/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer Reda
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Pasquale A. Razzano
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Susan A. Cahoon
Attorney Contact:
(See above for address)
TERMINATED: 03/12/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pepsi-Cola Company
Party type: Counter Claimant
TERMINATED: 02/20/2003
Attorney name: George L. Murphy , Jr.
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer Reda
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Pasquale A. Razzano
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Susan A. Cahoon
Attorney Contact:
(See above for address)
TERMINATED: 02/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The Coca-Cola Company
Party type: Counter Defendant
Attorney name: Bruce William Baber
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Clark G. Sullivan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey Emery Tompkins
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph R. Bankoff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert Timothy Neufeld
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas G. Sampson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12002-10-22 COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 496095 (aet) (Entered: 10/25/2002)
22002-10-22 EMERGENCY MOTION by plaintiff for limitee expedited discovery with brief in support. (aet) (Entered: 10/25/2002)
32002-11-04 Memorandum by defendants Rapak, LLC, and DSS Rapak, Inc. in opposition to [2-1] motion for limitee expedited discovery. (lme) (Entered: 11/05/2002)
42002-11-05 Motion HEARING held before Judge Richard W. Story on [2-1] motion for limitee expedited discovery. Court Graned in part and Denied in part. Court grants oral motion by dfts to admit atty Pasquale Razzano & Keith Rockey pro hav vice for proceedings and counsel will file application admission. (lme) (Entered: 11/07/2002)
52002-11-05 ORDER by Judge Richard W. Story GRANTING IN PART AND DENYING IN PART [2-1] motion for limitee expedited discovery by Coca-Cola Company. (cc by CRD via fax) (lme) (Entered: 11/07/2002)
62002-11-08 TRANSCRIPT filed RE: motions hearing for 11/5/02, Court Reporter: Sharon D. Upchurch. (lme) (Entered: 11/13/2002)
72002-11-14 ORDER by Judge Richard W. Story, extending time thru 11/27/02 for dfts to file any motions, answers or other pleadings in respond to [1-1] complaint , Answer due 11/27/02 for DSS Rapak, Inc., Rapak, LLC, Pepsi-Cola Company, Pepsico, Inc. . (cc) (lme) (Entered: 11/14/2002)
82002-11-19 Application for admission of Keith V. Rockey pro hac vice for defendants Rapak, LLC and DSS Rapak, Inc.. (To RWS) (lme) (Entered: 11/20/2002)
92002-11-26 ENDORSED ORDER by Judge Richard W. Story GRANTING [8-1] pro hac vice application for Keith V. Rockey. (cc) (lme) (Entered: 11/26/2002)
102002-11-25 AMENDED COMPLAINT by plaintiff; jury demand (ck) (Entered: 11/27/2002)
112002-12-03 Application for admission of Pasquale A. Razzano pro hac vice for dfts Pepsico, Inc. and Pepsi-Cola Company. (To RWS) (lme) (Entered: 12/05/2002)
122002-12-03 Application for admission of Jennifer Reda pro hac vice for dfts Pepsico, Inc. and Pepsi-Cola Company. (To RWS) (lme) (Entered: 12/05/2002)
132002-12-12 ANSWER by dft DSS Rapak, Inc. to complaint [1-1] and [10-1], Discovery ends 9/8/03; jury demand. (lme) (Entered: 12/13/2002)
142002-12-12 ANSWER by Rapak, LLC to complaint [1-1] and [10-1] and COUNTERCLAIM against Coca-Cola Co Discovery ends 9/8/03. (lme) (Entered: 12/13/2002)
152002-12-12 ANSWER by Pepsico, Inc., Pepsi-Cola Company to complaint [1-1], [10-1] and COUNTERCLAIM against Coca-Cola Co Discovery ends 9/8/03. (lme) (Entered: 12/13/2002)
162002-12-19 ENDORSED ORDER by Judge Richard W. Story GRANTING [11-1] pro hac vice application of Pasquale Razzano. (cc) (lme) (Entered: 12/19/2002)
172002-12-19 ENDORSED ORDER by Judge Richard W. Story GRANTING [12-1] pro hac vice application of Jennifer Reda. (cc) (lme) (Entered: 12/19/2002)
182002-12-23 CONSENT SCHEDULING ORDER by Judge Richard W. Story. (cc) (lme) (Entered: 12/24/2002)
192002-12-20 Attorney appearance for plaintiff by John Lewis Jr., and Michael J. Kline. (lme) (Entered: 12/27/2002)
202002-12-31 Notice by CRD, parties are directed to appear before Judge Story for a markman hearing on 4/2/03 and 4/3/03 at 9:30 am . (cc by CRD) (lme) (Entered: 01/02/2003)
212003-01-02 ANSWER by Coca-Cola Co to Rapak LLC's [14-2] counterclaim. (lme) (Entered: 01/06/2003)
222003-01-02 ANSWER by Coca-Cola Co to Pepsico, Inc.'s [15-2] counterclaim. (lme) (Entered: 01/06/2003)
232003-01-13 ANSWERS TO INITIAL DISCLOSURES by plaintiff. (lme) (Entered: 01/15/2003)
242003-01-13 Certificate of interested persons. (to judge) (lme) (Entered: 01/15/2003)
252003-01-13 Certificate of interested persons. (to judge) (lme) (Entered: 01/15/2003)
262003-01-13 Joint Preliminary Report and Discovery Schedule. (To RWS) (lme) (Entered: 01/15/2003)
272003-01-23 Attorney appearance for pla by James Martin Koelemay Jr. (lme) (Entered: 01/24/2003)
282003-01-23 ENDORSED ORDER by Judge Richard W. Story APPROVING [26-1] preliminary statement. The Consent Scheduling Order entered 12/23/03 shall govern scheduling issues. (cc) (lme) (Entered: 01/31/2003)
292003-02-04 Joint Claim Construction Statement per [18-1] consent order. (To RWS) (lme) (Entered: 02/06/2003)
302003-02-20 Stipulation by pla and dft Pepsi-Cola Company, dismissing action w/out prejudice pursuant to FRCP 41(a)(1)(ii) . (cc) (lme) (Entered: 02/24/2003)
312003-02-25 CONSENT MODIFIED SCHEDULING ORDER by Judge Richard W. Story. The Parties agree that these revisions will not alter the date of the Markman hearing scheduled for April 2 and 3, 2002. (cc) (lme) (Entered: 02/27/2003)
322003-03-04 Opening Brief by plaintiff in support of its claim construction of the 493,421 and 252 patents. (lme) (Entered: 03/06/2003)
332003-03-05 CONSENT PROTECTIVE ORDER ENTERED by Judge Richard W. Story. (cc) (lme) (Entered: 03/06/2003)
342003-03-06 Joint MOTION for leave to file Markman briefs in excess of 25 pages . (To RWS) (lme) (Entered: 03/10/2003)
352003-03-06 Brief by defendants for the claim construction hearing with appendix of exhibits. (lme) (Entered: 03/10/2003)
362003-03-12 Substitution of Counsel for Pepsico, Inc.. Emmet J. Bondurant II replacing attorney Susan A. Cahoon and George L. Murphy for Pepsico, Inc.. (lme) (Entered: 03/13/2003)
372003-03-13 ENDORSED ORDER by Judge Richard W. Story APPROVING [34-1] joint motion for leave to file Markman briefs in excess of 25 pages. (cc) (lme) (Entered: 03/14/2003)
382003-03-24 Brief by plaintiff in response to dfts' [35-1] opening brief for the claim construction hearing. (lme) (Entered: 03/24/2003)
392003-03-24 Brief by defendants responsive to the pla's [39-1] opening brief on claim construction. (lme) (Entered: 03/25/2003)
402003-03-27 Reply brief in support of [32-1] claim construction of the 493,421 and 252 patents by pla. (lme) (Entered: 03/28/2003)
412003-03-27 Reply brief to [35-1] claim construction hearing by dfts. (lme) (Entered: 03/28/2003)
422003-03-27 ORDER by Judge Richard W. Story that parties have permission to enter the courthouse and set up equipment including multimedia display screens; digital visual presenters; audio systems; distribution amps; switching devices; computers; monitors; projectors; cables; surge protector power strips; extension cords; easels and metal equipment stands for the Markman hearing on 4/1/03 and 4/2/03. (cc) (lme) (Entered: 03/28/2003)
432003-04-03 Markman HEARING on claim construction HELD on 4/2/03 before Judge Richard W. Story. Court takes under advisement. (lme) (Entered: 04/04/2003)
442003-04-23 ORDER by Judge Richard W. Story that the Court construes the disputed claims of the patents-in-suit as explained by the foregoing analysis. See order for specifics. (cc) (lme) (Entered: 04/25/2003)
452003-04-30 TRANSCRIPT filed RE: Vol. I of Markman Hearing held before Judge Richard W. Story for dates of 4/2/03 Court Reporter: Sharon D. Upchurch - (ldn) (Entered: 05/01/2003)
462003-05-22 SECOND CONSENT MODIFIED SCHEDULING ORDER by Judge Richard W. Story. (See order for specifics) (cc) (lme) (Entered: 05/22/2003)
472003-07-07 Attorney appearance for plaintiff by Christina Emmons Eisenhard and Thomas Edward Vanderbloemen. (lme) (Entered: 07/10/2003)
482003-08-01 Non-Party consolidated purchasing group- Pepsi Bottlers, Inc.'s written objections to subpoena. (lme) (Entered: 08/08/2003)
492003-10-08 Notice of filing change of firm afflilation and address for counsel for dfts Rapak. LLC and DSS Rapak, Inc. (lme) (Entered: 10/10/2003)
502003-10-08 MOTION by defendants for bifurcation of trial on the issues of liability and damages , and to stay discovery on damages with brief in support. (lme) (Entered: 10/10/2003)
512003-10-10 MOTION by defendants to preclude Coca-Cola from changing its theory on damages or, in the alternative, for bifurcation of trial on the issues of liability and damages , and a stay of disocovery on damages with brief in support. (lme) (Entered: 10/14/2003)
522003-10-29 Application for admission of Sanjay Murthy pro hac vice for defendants Rapak, LLC and DSS Rapak, Inc.. (To RWS) (lme) (Entered: 11/03/2003)
532003-10-29 Application for admission of Kathleen A. Lyons pro hac vice for defendants Rapak, LLC and DSS Rapak, Inc.. (To RWS) (lme) (Entered: 11/03/2003)
542003-10-29 Application for admission of Maurice E. Teixeira pro hac vice for defendants Rapak, LLC and DSS Rapak, Inc.. (To RWS) (lme) (Entered: 11/03/2003)
552003-11-05 MOTION by plaintiff to file under seal Memorandum in support of pla's motion to compel Pepsico, Inc. to produce documents with brief in support and proposed order. (***Memorandum FILED UNDER SEAL, Doc. No. 60***) (lme) Modified on 11/21/2003 (Entered: 11/07/2003)
562003-11-17 ENDORSED ORDER by Judge Richard W. Story GRANTING [52-1] pro hac vice application for Sanjay K. Murthy. (cc) (lme) (Entered: 11/18/2003)
572003-11-17 ENDORSED ORDER by Judge Richard W. Story GRANTING [53-1] pro hac vice application for Kathleen A. Lyons. (cc) (lme) (Entered: 11/18/2003)
582003-11-17 ENDORSED ORDER by Judge Richard W. Story GRANTING [54-1] pro hac vice application for Maurice E. Teizeira. (cc) (lme) (Entered: 11/18/2003)
592003-11-17 ORDER by Judge Richard W. Story GRANTING pla's [55-1] motion to file under seal Memorandum in support of pla's motion to compel Pepsico, Inc. to produce documents. (cc) (lme) (Entered: 11/21/2003)
602003-11-17 MOTION by plaintiff to compel dft Pepsico. Inc. to produce documents with brief in support. (***FILED UNDER SEAL***) (lme) (Entered: 11/21/2003)
612003-11-24 CONSENT ORDER by Judge Richard W. Story, that dfts shall have leave to file their amended pleadings . Pla shall have until 12/1/03 w/in which to file its replies to the amended counterlclaims of dfts. (cc) (lme) (Entered: 11/26/2003)
622003-11-25 STIPULATION AND ORDER by Judge Richard W. Story, extending time thru 12/1/03 for dft PepsiCo Inc. to respond to pla's [60-1] motion to compel dft Pepsico. Inc. to produce documents . (cc) (lme) (Entered: 11/26/2003)
632003-12-01 AMENDED ANSWER to [13-1] answer to the complaint and supplemental amended complaint and amended counterclaim of defendant DSS Rapak, Inc.; jury demand (lme) Modified on 12/03/2003 (Entered: 12/03/2003)
642003-12-01 AMENDED ANSWER to [15-1] answer to complaint and supplemental amended complaint and counterclaims of Pepsico, Inc. (lme) (Entered: 12/03/2003)
652003-12-01 AMENDED ANSWER to [14-1] answer to the complaint and supplemental amended complaint and amended counterclaim of defendant Rapak, LLC; jury demand (lme) (Entered: 12/03/2003)
662003-12-01 Stipulation by parties extending time thru 12/22/03 for pla to reply to the [15-2] counterclaim complaint, [14-2] counterclaim complaint and [13-1] answer . (To RWS) (lme) (Entered: 12/03/2003)
672003-12-03 Amendment and supplement to plaintiff's [60-1] motion to compel dft Pepsico. Inc. to produce documents. (lme) (Entered: 12/04/2003)
682003-12-08 ENDORSED ORDER by Judge Richard W. Story APPROVING [66-1] stipulation extending time thru 12/22/03 for pla to reply to the [15-2] counterclaim complaint. (cc) (lme) (Entered: 12/09/2003)
692003-12-10 MOTION by defendant Pepsico, Inc. to seal "Pepsico Inc.'s response to the Coca-Cola Co.s' motion to compel" with brief in support. (to RWS) (Response placed under seal) (vs) Modified on 12/11/2003 (Entered: 12/11/2003)
702003-12-10 Response by defendant Pepsico, Inc. [60-1] motion to compel dft Pepsico. Inc. to produce documents (FILED UNDER SEAL) (vs) (Entered: 12/11/2003)
712003-12-10 Certificate of service for notice to take depo upon counsel for all parties to these action by pla. (lme) (Entered: 12/15/2003)
722003-12-10 Certificate of service for notice to take depo upon counsel for all parties to these actions by pla. (lme) (Entered: 12/15/2003)
732003-12-17 ORDER by Judge Richard W. Story GRANTING [69-1] motion to seal "Pepsico Inc.'s response to the Coca-Cola Co.s' motion to compel". (cc) (lme) (Entered: 12/17/2003)
742003-12-19 Reply by plaintiff to Rapak, LLC's [65-1] amended answer and counterclaims. (lme) (Entered: 12/22/2003)
752003-12-19 Reply by plaintiff to Pepsico, Inc.'s [64-1] amended answer and counterclaims. (lme) (Entered: 12/22/2003)
762003-12-22 Reply by plaintiff to Pepsico, Inc.'s [60-1] motion to compel dft Pepsico. Inc. to produce documents. (lme) (Entered: 12/22/2003)
772004-01-05 Certificate of service for Expert report of Williams S. Credle, Jr., Rebuttal report of Dr. E. Bruce Nauman and Expert report of Dale Lischer by pla. (lme) (Entered: 01/05/2004)
782004-01-16 THIRD CONSENT MODIFIED SCHEDULINGL ORDER by Judge Richard W. Story. Dispostive pre-trial motions shall be filed no later than 2/9/04. Response briefs shall be filed no later than 3/8/04. A pre-trial conference and deadlines for other pretrial proceedings will be set at a later date. (cc) (lme) (Entered: 01/20/2004)
792004-01-22 Stipulation approved by Judge Richard W. Story that documents produced by Scholle will be covered by the protective order entered in this case. (cc) (lme) (Entered: 01/23/2004)
802004-01-26 Certificate of service for The Coca-Cola Co.'s notice of depos of Phil Barth and Chris Rutter. (lme) (Entered: 01/27/2004)
812004-01-29 ORDER by Judge Richard W. Story GRANTING IN PART AND DENYING IN PART Pla's [60-1] motion to compel dft Pepsico. Inc. to produce documents. PepsiCo is ORDERED to produce communications between PepsiCo and Liqui-Box concerning the breadth of the patents-in-suit and attempt to design around them and concerning the present litigation. Documents produced shall be subject to the Protective Order entered in this case. Pla's motion for atty's fees is DENIED. (cc) (lme) (Entered: 01/30/2004)
822004-02-13 MOTION by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. for summary judgment (no.1) that the Dip Tube bag does not infringe with brief and exhibits in support. (Brief FILED UNDER SEAL) (vs) Modified on 02/17/2004 (Entered: 02/17/2004)
832004-02-13 MOTION by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. for summary judgment (no.2) that the Evacufilm bag does not infringe with brief and exhibits in support.(Supporting Documents FILED UNDER SEAL) (vs) Modified on 02/17/2004 (Entered: 02/17/2004)
842004-02-13 MOTION by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. for summary judgment (no.3) that the Coca-Cola patents are invalid with brief and exhibits in support. (Supporting Documents FILED UNDER SEAL) (vs) Modified on 02/17/2004 (Entered: 02/17/2004)
852004-02-13 MOTION by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. for summary judgment (no.4) that Coca-Cola cannot, as a matter of law, recover pre-filing damages with brief and exhibits in support. (Supporting documents FILED UNDER SEAL) (vs) Modified on 02/17/2004 (Entered: 02/17/2004)
862004-02-13 MOTION by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. for summary judgment (no.5) that Coca-Cola cannot extablish willful infringement with brief and exhibits in support. (Supporting documents FILED UNDER SEAL) (vs) Modified on 02/17/2004 (Entered: 02/17/2004)
872004-02-13 MOTION by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. to file memo in support of their motions for sum jgm and accompanying exhibits under seal with brief in support and proposed order. (to RWS) (vs) Modified on 02/17/2004 (Entered: 02/17/2004)
882004-02-13 Stmt of material facts by defendant Pepsico, Inc., defendant Rapak, LLC, defendant DSS Rapak, Inc. re: [86-1] motion for summary judgment (no.5) that Coca-Cola cannot extablish willful infringement, [85-1] motion for summary judgment (no.4) that Coca-Cola cannot, as a matter of law, recover pre-filing damages, [84-1] motion for summary judgment (no.3) that the Coca-Cola patents are invalid, [83-1] motion for summary judgment (no.2) that the Evacufilm bag does not infringe, [82-1] motion for summary judgment (no.1) that the Dip Tube bag does not infringe (FILED UNDER SEAL) (vs) (Entered: 02/17/2004)
892004-02-13 MOTION by plaintiff for partial summary judgment with brief in support; stmt of undisputed facts and consolidated evidence in support. (vs) (Entered: 02/17/2004)
902004-02-20 ORDER by Judge Richard W. Story GRANTING [87-1] motion to file memo in support of their motions for sum jgm and accompanying exhibits under seal (cc) (jdb) (Entered: 02/23/2004)
912004-02-23 FOURTH CONSENT MODIFIED SCHEDULING ORDER by Judge Richard W. Story. Dispositive pto motions shall be filed no later than 02/13/04. Responsive briefs shall be filed no later than 03/17/04. Reply briefs thereto may be filed and served pursuant to LR NDGA 7.1 and 56.1. A pto conference and deadlines for other pretrial proceedings will be set at a later date. (cc) (jdb) (Entered: 02/25/2004)
922004-03-19 MOTION by plaintiff to file under seal with brief in support. (vs) (Entered: 03/25/2004)
932004-03-19 Response by plaintiff in opposition to [82-1] motion for summary judgment (no.1) that the Dip Tube bag does not infringe (vs) (Entered: 03/25/2004)
942004-03-19 Response by plaintiff iin opposition to [83-1] motion for summary judgment (no.2) that the Evacufilm bag does not infringe (vs) (Entered: 03/25/2004)
952004-03-19 Response by plaintiff in opposition to [84-1] motion for summary judgment (no.3) that the Coca-Cola patents are invalid (vs) (Entered: 03/25/2004)
962004-03-19 Response by plaintiff in opposition to [85-1] motion for summary judgment (no.4) that Coca-Cola cannot, as a matter of law, recover pre-filing damages, [86-1] motion for summary judgment (no.5) that Coca-Cola cannot extablish willful infringement. Response to dfts' stmt of material facts (FILED UNDER SEAL) (vs) (Entered: 03/25/2004)
972004-03-19 Consolidated evidence by plaintiff in support of memo in opposition to [86-1] motion for summary judgment (no.5) that Coca-Cola cannot extablish willful infringement (vs) (Entered: 03/25/2004)
982004-03-22 Memorandum by defendants in opposition to the plaintiff's [89-1] motion for partial summary judgment with Defendants' Response to the plaintiff's Statement of Undisputed Material Facts and Defendants' Statement of Additional Material Facts. (aaq) (Entered: 03/29/2004)
992004-03-22 MOTION by defendants (and unupposed by plaintiff) to file a brief in excess of the 25-page limitation. (to RWS) (aaq) (Entered: 03/29/2004)
1002004-03-22 MOTION by defendants Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc. to file under seal their benchbook of exhibits accompanying their memorandum in opposition to Coca-Cola's motion for partial summary judgment . ***FILED UNDER SEAL*** (dfb) (Entered: 03/30/2004)
1012004-03-22 BENCHBOOK of EXHIBITS (VOL I, Exh. 59-91) by defendants Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc. in support of their [98-1] memorandum in opposition to Coca-Cola Company's [89-1] motion for partial summary judgment. ***FILED UNDER SEAL*** (dfb) Modified on 03/30/2004 (Entered: 03/30/2004)
1022004-03-22 BENCHBOOK of EXHIBITS (VOL II, Exh. 92-105) by defendants Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc. in support of their [98-1] memorandum in opposition to Coca-Cola Company's [89-1] motion for partial summary judgment. ***FILED UNDER SEAL*** (dfb) Modified on 03/30/2004 (Entered: 03/30/2004)
1032004-03-31 ORDER by Judge Richard W. Story GRANTING [92-1] motion to file under seal pla's opposition briefs to motion for sum jgm, response to statement of material facts, and the supporting evidence. (cc) (jdb) (Entered: 04/02/2004)
1042004-03-29 FIFTH CONSENT MODIFIED SCHEDULING ORDER by Judge Richard W. Story. (cc) (lme) (Entered: 04/09/2004)
1052004-04-12 Reply brief in support of [89-1] motion for partial summary judgment by Coca-Cola Co. (kt) (Entered: 04/13/2004)
1062004-04-12 MOTION by Coca-Cola Co for leave to file a reply brief in excess pages of 15 pages in support of its motion for partial sumjgm. with proposed order. (to RWS) (kt) (Entered: 04/13/2004)
1072004-04-13 (Unopposed) MOTION by defendant Pepsico, Inc., defendant DSS Rapak, Inc., defendant Rapak, LLC for leave to file brief in excess of fifteen pages in reply to Coca-Cola's opposition to dfts' motion for sum jgm with brief in support. (to RWS) (vs) (Entered: 04/15/2004)
1082004-04-13 Reply brief to [82-1] motion for summary judgment (no.1) that the Dip Tube bag does not infringe by defendant. (vs) (Entered: 04/15/2004)
1092004-04-13 Reply brief to [83-1] motion for summary judgment (no.2) that the Evacufilm bag does not infringe by defendant. (vs) (Entered: 04/15/2004)
1102004-04-13 Reply brief to [84-1] motion for summary judgment (no.3) that the Coca-Cola patents are invalid by defendant. (vs) (Entered: 04/15/2004)
1112004-04-13 Reply brief to [85-1] motion for summary judgment (no.4) that Coca-Cola cannot, as a matter of law, recover pre-filing damages by defendant. (vs) (Entered: 04/15/2004)
1122004-04-13 Reply brief to [86-1] motion for summary judgment (no.5) that Coca-Cola cannot extablish willful infringement by defendant. (vs) (Entered: 04/15/2004)
1132004-04-13 MOTION by defendant to seal their benchbood of exhibits accompanying their memo in reply to Coca-Cola's opposition to dfts motion for sum jgm with brief in support. (to RWS) (vs) (Entered: 04/15/2004)
1142004-04-13 Benchbook of Exhibits in support of dfts' reply memoranda in support of their motions for sum jgm. (Exhibits 106-121) (***FILED UNDER SEAL***) (jdb) (Entered: 05/13/2004)
1152004-04-13 Sixth CONSENT MODIED SCHEDULING ORDER by Judge Richard W. Story. Reply briefs in support of the parties' motions for sum jgm may be filed and served on 4/12/04. A pretrial conf and deadlines for other pretrial proceedings will be set at a later date. (cc) (vs) Modified on 05/13/2004 (Entered: 04/15/2004)
1162004-04-13 ORDER by Judge Richard W. Story GRANTING [99-1] motion to file a brief in excess of the 25-page limitation. (cc) (als) Modified on 05/13/2004 (Entered: 04/16/2004)
1172004-04-20 CONSENT ORDER by Judge Richard W. Story GRANTING [106-1] motion for leave to file a reply brief in excess pages of 15 pages in support of its motion for partial sumjgm. (cc) (jdb) (Entered: 04/23/2004)
1182004-04-21 ORDER by Judge Richard W. Story GRANTING [113-1] motion to seal their benchbood of exhibits accompanying their memo in reply to Coca-Cola's opposition to dfts motion for sum jgm (cc) (jdb) Modified on 05/13/2004 (Entered: 04/23/2004)
1192004-07-01 Notice to take deposition of Mark Smith by plaintiff (epm) Modified on 07/02/2004 (Entered: 07/01/2004)
1202004-07-01 Notice to take deposition of John Alex by plaintiff (epm) Modified on 07/02/2004 (Entered: 07/01/2004)
1212004-07-01 Notice to take deposition of Alan Myerson by plaintiff (epm) Modified on 07/02/2004 (Entered: 07/01/2004)
1222004-08-09 CERTIFICATE OF SERVICE of Notice to Take Deposition by The Coca-Cola Company. (kt) (Entered: 08/16/2004)
1232004-09-29 ORDER denying with the right to re-file Defendants' 50 , 51 Motion for stay of discovery on the issue of damages, denying Defendants' 50 , 51 Motion for Bifurcation of Trial on the Issues of Liability and Damages with leave to resubmit the issue in the proposed pretrial order, granting Defendants' 51 Motion to entirely preclude Coca-Cola from changing its damages theory to one based on "lost profits", granting nunc pro tunc Defendants' 100 Motion to File Under Seal their Benchbook Exhibits, granting nunc pro tunc Defendants' 107 Motion for Leave to File Brief in Excess Pages, denying Defendants' 82 Motion for Summary Judgment (No. 1 that the Dip Tube Bag Does Not Infringe), denying Defendants' 83 Motion for Summary Judgment (No. 2 that the Evacufilm Bag Does Not Infringe), denying Defendants' 84 Motion for Summary Judgment (No. 3 that the Coca-Cola Patents are Invalid), granting in part and denying in part Defendants' 85 Motion for Summary Judgment (No. 4 that Coca-Cola cannot, as a matter of law, recover pre-filing damages, denying Defendants' 86 Motion for Summary Judgment (No. 5 that Coca-Cola cannot establish willful infringement) and granting in part and denying in part Plaintiff's 89 Motion for Partial Summary Judgment. Signed by Judge Richard W. Story on 09/29/04.(Attachments: #(1) Pages 51-100 and #(2) Pages 101-126) (dfb) Additional attachment(s) added on 3/9/2005 (epm). (Entered: 10/01/2004)
123.1 Pages 51-100
123.2 Pages 101-126
123.3 Page 32 of Order
1242004-11-01 Minute Entry for proceedings held before Judge Richard W. Story : Scheduling Conference held on 11/1/2004. Pretrial Order due 3/8/05; Jury Trial set for 4/11/2005 09:30 AM in Courtroom 2105 before Judge Richard W. Story. Pretrial Conference set for 3/15/2005 09:30 AM in Courtroom 2105 before Judge Richard W. Story. (Court Reporter Sharon Upchurch.)(epm) (Entered: 11/03/2004)
1252004-11-29 CONSENT SCHEDULING ORDER CONCERNING PRETRIAL MATTERS. Pretrial Conference rescheduled for 3/14/2005 09:30 AM before Judge Richard W. Story. Voir Dire set for 4/11/2005 09:30AM before Judge Richard W. Story. Pretrial Order due by 3/8/2005. Motions in limine or motions for bifurcation shall be served and filed by 2/8/2005. Briefs are due 2/22/05 and reply briefs are due 3/8/05. Signed by Judge Richard W. Story on 11/29/04. (fmm) (Entered: 12/03/2004)
1262005-02-09 MOTION to Seal Document with Proposed Order filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (Attachments: # 1 Proposed Order)(epm) (Entered: 02/11/2005)
1272005-02-09 MOTION No. 1 For An Order Excluding Any Reference to Litigation between The Coca- Cola Company and Liqui-Box Corporation with Memorandum In Support filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (Attachments: # 1 Memorandum)(epm) (Entered: 02/11/2005)
1282005-02-09 MOTION No. 2 For An Order in Limine Excluding Any Reference to IndemnificationProvisions Between Pepsi and Rapak with Memorandum In Support and Benchbook of Exhibits in Support filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (***MEMORANDUM and EXHIBITS FILED UNDER SEAL***) (epm) (Entered: 02/11/2005)
1292005-02-09 MOTION No. 3 For An Order In Limine Excluding Any Reference to Indemnification Provisions between Rapak and Tilia with Memorandum In Support filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (Attachments: # 1 Memorandum)(epm) (Entered: 02/11/2005)
129.1 Memorandum
1302005-02-09 MOTION to Preclude Opinions from Defendants' Experts Not Disclosed in their Expert Reports with Memorandum In Support filed by The Coca-Cola Company. (Attachments: # 1 Memorandum# 2 Memorandum - Exhibit A)(epm) (Entered: 02/11/2005)
1312005-02-09 MOTION in Limine to Limit Defendants' Use of Coca-Cola's Patented Bag-In-Box with Memorandum In Support filed by The Coca-Cola Company. (Attachments: # 1 Memorandum)(epm) (Entered: 02/11/2005)
1322005-02-09 MOTION in Limine to Limit the Testimony of Allan Myerson with Memorandum In Support filed by The Coca-Cola Company. (Attachments: # 1 Memorandum# 2 Memorandum - Exhibit A# 3 Memorandum - Exhibit B# 4 Memorandum - Exhibit C)(epm) (Entered: 02/11/2005)
1332005-02-09 MOTION in Limine to Preclude Defendants from Rearguing Claim Construction Issues At Trial with Memorandum In Support filed by The Coca-Cola Company. (Attachments: # 1 Memorandum# 2 Memorandum - Exhibit A# 3 Memorandum - Exhibit B)(epm) (Entered: 02/11/2005)
1342005-02-09 MOTION in Limine to Exclude Testimony from John Alex with Memorandum In Support filed by The Coca-Cola Company. (Attachments: # 1 Memorandum# 2 Memorandum - Exhibit A# 3 Memorandum - Exhibit B# 4 Memorandum - Exhibit C# 5 Memorandum - Exhibit D)(epm) (Entered: 02/11/2005)
1352005-02-09 MOTION for a Separate Trial Outside the Presence of the Jury on Inequitable Conduct with Memorandum In Support filed by The Coca-Cola Company. (Attachments: # 1 Memorandum# 2 Memorandum - Exhibit A# 3 Memorandum - Exhibit B)(epm) (Entered: 02/11/2005)
1362005-02-09 MOTION in Limine to exclude prior art not cited in or supported by defendant's prior art claim chartsby The Coca-Cola Company. (Attachments: # 1 Memorandum # 2 Memorandum - Exhibit A# 3 Memorandum - Exhibit B# 4 Memorandum - Exhibit C# 5 Memorandum - Exhibit D# 6 Memorandum - Exhibit E# 7 Memorandum - Exhibit F# 8 Memorandum - Exhibit G# 9 Memorandum - Exhibit H# 10 Memorandum - Exhibit I# 11 Memorandum - Exhibit J# 12 Memorandum - Exhibit K# 13 Memorandum - Exhibit L# 14 Memorandum - Exhibit M# 15 Memorandum - Exhibit N# 16 Memorandum - Exhibit O# 17 Memorandum - Exhibit P# 18 Memorandum - Exhibit Q# 19 Memorandum - Exhibit R)(epm) (Entered: 02/11/2005)
1372005-02-15 ORDER GRANTING 126 Motion to Seal Benchbook of Exhibits within 128 MOTION in Limine No. 2 For An Order. Signed by Judge Richard W. Story on 2/14/05. (epm) (Entered: 02/16/2005)
1382005-02-23 MOTION to Seal Document with Memorandum In Support and Proposed Order filed by The Coca-Cola Company. (Attachments: # 1 Proposed Order)(epm) (Entered: 02/25/2005)
1392005-02-23 MEMORANDUM in Opposition to 127 MOTION No. 1 for an Order in Limine filed by The Coca-Cola Company. (--FILED UNDER SEAL--) (epm) (Entered: 02/25/2005)
1402005-02-28 ORDER GRANTING 138 Motion to Seal Document. Signed by Judge Richard W. Story on 2/28/05. (epm) (Entered: 03/01/2005)
1412005-03-03 MOTION to Seal Document filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1422005-03-03 RESPONSE in Opposition to 135 MOTION for a Separate Trial Outside the Presence of the Jury on Inequitable Conduct filed by Pepsico, Inc., Rapak, LLC, and DSS Rapak, Inc.. (With SEALED Exhibits) (epm) (Entered: 03/08/2005)
1432005-03-03 RESPONSE in Opposition to 133 MOTION in Limine to Preclude Defendants from Rearguing Claim Construction Issues At Trial filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1442005-03-03 RESPONSE in Opposition to 136 MOTION in Limine to Exclude Prior Art Not Cited in or Support by Defendant's Prior Art Claim Charts filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1452005-03-03 RESPONSE in Opposition to 131 MOTION in Limine to Limit Defendants' Use of Coca Cola's Patented Bag In Boxfiled by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1462005-03-03 RESPONSE in Opposition to 130 MOTION in Limine to Preclude Opinions from Experts Not Disclosed in their Expert Reportsfiled by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1472005-03-03 RESPONSE in Opposition to 134 MOTION in Limine to Exclude Testimony from John Alex filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1482005-03-03 RESPONSE in Opposition to 132 MOTION in Limine to Limit the Testimony of Allan Myerson filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/08/2005)
1492005-03-08 REPLY BRIEF in Support of 133 MOTION in Limine to Preclude Defendants from Rearguing Claim Construction Issues At Trial filed by The Coca-Cola Company. (epm) (Entered: 03/10/2005)
1502005-03-08 REPLY BRIEF in Support of 131 MOTION in Limine to Exclude Defendant's Use of the Coca-Cola Co.'s Patented Bag In Box filed by The Coca-Cola Company. (epm) (Entered: 03/10/2005)
1512005-03-08 REPLY BRIEF in Support of 130 MOTION in Limine to Preclude Opinions from Defendants' Experts Not Disclosed in their Expert Reports filed by The Coca-Cola Company. (Attachments: # 1 Exhibit B)(epm) (Entered: 03/10/2005)
1522005-03-08 REPLY BRIEF in Support of 136 MOTION in Limine to exclude prior art not cited in or support by defendant's prior art claim charts filed by The Coca-Cola Company. (Attachments: # 1 Exhibit S)(epm) (Entered: 03/10/2005)
1532005-03-08 REPLY BRIEF in Support of 132 MOTION in Limine to Limit the Testimony of Allan Myerson filed by The Coca-Cola Company. (Attachments: # 1 Exhibit A)(epm) (Entered: 03/10/2005)
1542005-03-08 REPLY BRIEF in Support of 134 MOTION in Limine to Exclude Testimony from John Alex filed by The Coca-Cola Company. (epm) (Entered: 03/10/2005)
1552005-03-08 REPLY BRIEF in Support of 135 MOTION for a Separate Trial Outside the Presence of the Jury on Inequitable Conduct filed by The Coca-Cola Company. (epm) (Entered: 03/10/2005)
1562005-03-09 MOTION to File Under Seal Benchbook of Exhibits in Support of their Reply Memoranda in Suppport of their Motions in Limine and their Reply Memoranda in Support of their Motion Nos. 2 and 3 with Proposed Order filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (epm) (Entered: 03/10/2005)
1572005-03-09 REPLY MEMORANDUM in Support of 128 MOTION in Limine No. 2 For An Order Excluding any Reference to Indemnification Provisions Between Pepsi and Rapak filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (--FILED UNDER SEAL--) (epm) (Entered: 03/10/2005)
1582005-03-09 REPLY MEMORANDUM in Support of 129 MOTION in Limine NO. 3 For An Order in Limine Excluding Any Reference to Indemnification Provisions Between Rapak and Tilia filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (--FILED UNDER SEAL--) (epm) (Entered: 03/10/2005)
1592005-03-11 NOTICE of Defendants Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc. under 35 U.S.C. 282 (epm) (Entered: 03/14/2005)
1602005-03-11 MOTION for Leave to File a Surreply Memorandum with Proposed Order and Surreply Memorandum of Defendants in Opposition to the Coca Cola Company's Motion in Limine to Preclude Opinions from Experts not disclosed in their Reports filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.. (Attachments: # 1 Surreply Memorandum# 2 Exhibit 31# 3 Exhibit 32# 4 Exhibit 33 - part 1# 5 Exhibit 33 - part 2)(epm) (Entered: 03/14/2005)
1612005-03-14 ORDER ALLOWING Sanjay K. Murthy to bring a projector to the 21st floor for a pretrial conference, March 14-15, 2005. Signed by Judge Richard W. Story on 3/14/05. (epm) (Entered: 03/14/2005)
1622005-03-15 ORDER GRANTING 156 Motion to Seal Document re: 159 Benchbook of Exhibits with Reply Brief. Signed by Judge Richard W. Story on 3/15/05. (epm) (Entered: 03/16/2005)
1632005-03-17 ORDER denying Defendants' 127 Motion in Limine No. 1 to Exclude Any Reference to Litigation Between the Coca-Cola Company and Liqui-Box Corporation, denying Defendants' 128 Motion in Limine No. 2 to Exclude Any Reference to Indemnification Provisions Between Pepsi and Rapak, denying Defendants' 129 Motion in Limine No. 3 to Exclude Any Reference to Indemnification Provisions Between Rapak and Tilia, granting Coca-Cola's 130 Motion in Limine to Preclude Opinions from Defendants' Experts Not Disclosed in their Expert Reports, granting in part and denying in part Coca-Cola's 131 Motion in Limine to Limit Defendants' Use of its Patented Bag-in-Box, granting Coca-Cola's 132 Motion in Limine to Limit the Testimony of Defendants' Expert, Allan Myerson, granting in part and denying in part Coca-Cola's 133 Motion in Limine to Preclude Defendants from Rearguing Claim Construction Issues at Trial, granting in part and denying in part Coca-Cola's 134 Motion in Limine to Exclude Testimony from John Alex, granting Coca-Cola's 135 Motion for a Separate Trial Outside the Presence of the Jury on Inequitable Conduct, granting in part and denying in part Coca-Cola's 136 Motion to Exclude Prior Art Not Cited in or Supported by Defendants' Prior Art Claim Charts, granting nunc pro tunc Defendants' [141 and 156] Motions to File Documents Under Seal and granting nunc pro tunc Defendants' 160 Motion for Leave to File a Surreply Memorandum. Signed by Judge Richard W. Story on 03/17/05. (dfb) (Entered: 03/17/2005)
1642005-03-24 NOTICE of Filing Plaintiff the Coca-Cola Company's Proposed Preliminary Jury Instructions Before Trial. (sjk) (Entered: 03/25/2005)
1652005-03-24 Defendant's Preliminary Instructions Before Trial by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc.(sjk) (Entered: 03/25/2005)
1662005-03-28 MOTION for Order for Use of Electronic Equipment by DSS Rapak, Inc.. (Bondurant, Emmet) (Entered: 03/28/2005)
1672005-03-29 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM beginning 4/4/2005 and continuing until the conclusion of trial, as scheduled, on 5/6/2005. Signed by Judge Richard W. Story on 3/29/2005. (sjk) (Entered: 03/30/2005)
1682005-03-31 NOTICE Of Filing Proposed Glossary For Jury Notebook by The Coca-Cola Company (vs) (Entered: 04/01/2005)
1692005-04-01 ORDER re: Plaintiff's 168 Notice of Filing Proposed Glossary For Jury Notebook. After considering the glossary submitted by Plaintiff and the objections raised by Defendants, the Court concludes that it will permit the insertion of the glossary into the notebook to be received by members of the jury. Signed by Judge Richard W. Story on 04/01/05. (dfb) (Entered: 04/01/2005)
1702005-04-01 OBJECTION to 168 Proposed Glossary for Jury Notebook filed by Pepsico, Inc., Rapak, LLC and DSS Rapak, Inc. (sjk) (Entered: 04/05/2005)
1712005-04-05 TRANSCRIPT of Pretrial Proceedings held on 3/14/2005 before Judge Richard W. Story. Court Reporter: Sharon D. Upchurch. (sjk) (Entered: 04/07/2005)
1722005-04-07 NOTICE of Filing Original Discovery (depositions) by The Coca-Cola Company. (sjk) (Entered: 04/08/2005)
1732005-04-07 DEPOSITION of MARK SMITH taken on 8/29/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1742005-04-07 DEPOSITION of MARK A. SMITH taken on 6/30/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1752005-04-07 VIDEOTAPED DEPOSITION of STEVE J. LONGFIELD taken on 11/27/2002 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1762005-04-07 CONTINUED VIDEOTAPED DEPOSITION of STEVE J. LONGFIELD taken on 7/17/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1772005-04-07 DEPOSITION of MARK ALLEN SMITH taken on 2/24/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1782005-04-07 DEPOSITION of MARK A. SMITH taken on 7/27/2004 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1792005-04-07 DEPOSITION of WILLIAM BLACK taken on 11/25/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1802005-04-07 VIDEOTAPED DEPOSITION of STEVE LONGFIELD taken on 7/16/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1812005-04-07 DEPOSITION of JOHN GRAHAM BARKER taken on 11/5/2003 by The Coca-Cola Company. (---FILED UNDER SEAL---)(sjk) (Entered: 04/08/2005)
1822005-04-08 Notice of Filing Proposed Jury Instructions by The Coca-Cola Company. (sjk) (Entered: 04/11/2005)
1832005-04-11 Proposed Jury Instructions by Pepsico, Inc., Rapak, LLC, DSS Rapak, Inc., Rapak, LLC, Pepsico, Inc.. (Meazell, Emily) (Entered: 04/11/2005)
1842005-04-11 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial on 4/11/2005. Jury selected and sworn. Parties' opening statements. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/12/2005)
1852005-04-11 STIPULATION of Dismissal without prejudice as to all claims against DSS Rapak, Inc. pursuant to FRCP 41(a)(1)(ii) by The Coca-Cola Company, Pepsico, Inc., Rapak, LLC, DSS Rapak, Inc. and approved by Deputy Clerk. (sjk) (Entered: 04/12/2005)
1862005-04-11 Opposition to Plaintiff's Bench Brief (1) in Support of Motion to Exclude New Videos of New Evidence and Testing Not Previously Disclosed by Defendants' Experts by Pepsico, Inc. and Rapak, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D and # 5 Exhibit E)(sjk) (Entered: 04/12/2005)
1872005-04-12 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continues on 4/12/2005. Witnesses Debra Boone Overman and William Duffy Credle sworn and testified. Court adjourned at 5:00 p.m. until 9:00 a.m. on 4/13/2005. Juror excused until that time under the usual caution of the Court. (Court Reporters Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/13/2005)
1882005-04-13 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/13/2005. William Duffy Credle testimony continued. Deposition of Todd Piatnik read in court. Video deposition of William Black played in court. Dr. Bruce Nauman sworn and testified. Court adjourned at 4:45 p.m. until 4/14/2005 at 9:30 a.m. Jurors excused until the above time under usual caution of the Court. (Court Reporters Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/14/2005)
1892005-04-14 TRANSCRIPT of Trial Proceedings (Volume I) held on 4/11/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/14/2005)
1902005-04-14 TRANSCRIPT of Trial Proceedings (Volume II) held on 4/12/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/14/2005)
1912005-04-14 TRANSCRIPT of /Trial Proceedings (Volume III) held on 4/13/2005 before Judge Richard S. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/14/2005)
1922005-04-13 NOTICE Of Filing Deposition by The Coca-Cola Company. (sjk) (Entered: 04/15/2005)
1932005-04-13 DEPOSITION of RAYMOND SIMS taken on 9/2/2004 by The Coca-Cola Company.(sjk) (Entered: 04/15/2005)
1942005-04-14 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/14/2005. Dr. Bruce Nauman continued testimony. Court adjourned at 4:45 p.m. until 4/15/2005 at 9:00 a.m. Jurors excused at the above time under the usual caution of the Court. (Court Reporters: Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/15/2005)
1952005-04-15 TRANSCRIPT of Trial Proceedings (Volume IV) held on 4/14/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/15/2005)
1962005-04-15 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/15/2005. Dr. Bruce Nauman testimony continued. Juror Susan Delano released due to illness. Defendant's oral Motion to Strike Testimony of Dr. Nauman DENIED. Video deposition of Mark Smith. Court adjourned at 4:55 until 4/18/2005 at 9:00. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/18/2005)
1972005-04-15 TRANSCRIPT of Jury Trial Proceedings (Volume V) held on 4/15/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/18/2005)
1982005-04-18 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/18/2005. Tom Blackstock sworn and testified. Video deposition of Stephen Longfield. Video deposition of John Graham Baker. Chelton Tanger sworn and testified. Court adjourned at 4:30 p.m. until 4/19/2005 at 9:00 a.m. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/20/2005)
1992005-04-19 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/19/2005. Chelton Tanger continued testimony. Plaintiff rests. Defendant makes oral Motion for Judgment as a Matter of Law. The Court ADOPTS prior rulings on summary judgment, DENYING as to infringement and TAKING UNDER ADVISEMENT as to willfulness and notice. Plaintiff's exhibits ADMITTED. Defendants' exhibits ADMITTED. The Court released juror Patricia Turpin due to a family conflict. Court adjourned at 5:00 p.m. until 4/20/2005 at 9:00 a.m. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/20/2005)
2002005-04-19 TRANSCRIPT of Jury Trial Proceedings (Volume VI) held on 4/18/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/20/2005)
2012005-04-20 TRANSCRIPT of Jury Trial Proceedings (Volume VII) held on 4/19/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/21/2005)
2022005-04-20 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/20/2005. Defendants made oral Motion for Judgment as a Matter of Law. The Court DENIED the motion as to willfulness and GRANTED as to 493 patent notice. Michael Wilford sworn and testified. Todd Piatnik sworn and testified. The Court adjourned at 5:25 p.m. until 4/21/2005 at 9:00 a.m. The jurors were excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/21/2005)
2032005-04-20 TRANSCRIPT of Jury Trial Proceedings (Volume VIII) held on 4/20/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/22/2005)
2042005-04-25 TRANSCRIPT of Jury Trial Proceedings (Volume VIX) held on 4/21/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/25/2005)
2052005-04-21 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/21/2005. Witness Mark Smith sworn and testified. Court adjourned at 3:45 p.m. until 4/25/2005 at 9:300 a.m. Jurors excused until the above time, with the usual caution of the Court. (Court Reporters: Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/26/2005)
2062005-04-25 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/25/2005. Dr. Allan Myerson sworn and testified. Court adjourned at 5:20 p.m. until 4/26/2005 at 9:00 a.m. Juror excused until above time, with usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/26/2005)
2072005-04-26 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/26/2005. William Credle recalled and testified. Christopher Rutter sworn and testified. Steve Longfield sworn and testified. Video deposition of Daniel A. Beard. Dwight Pfau sworn and testified. Court adjourned at 4:45 p.m. until 4/27/2005 at 9:00 a.m. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/28/2005)
2082005-04-27 NOTICE Of Filing Deposition by The Coca-Cola Company. (sjk) (Entered: 04/28/2005)
2092005-04-27 VIDEOTAPED DEPOSITION of PHILIP BARTH taken on 1/21/2004 by The Coca-Cola Company.(sjk) (Entered: 04/28/2005)
2102005-04-27 TRANSCRIPT of Jury Trial Proceedings (Volume X) held on 4/25/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/28/2005)
2112005-04-27 TRANSCRIPT of Jury Trial Proceedings (Volume XI) held on 4/26/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/28/2005)
2122005-04-27 TRANSCRIPT of Jury Trial Proceedings (Volume XII) held on 4/27/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 04/28/2005)
2132005-04-27 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/27/2005. Raymond Sims sworn and testified. Elizabeth Bilus sworn and testified. Defendants rest. Defendants make oral renewed Motion for Judgment. The Court adopts all prior objections and rulings. The Court takes under advisement Plaintiff's oral Motion for Judgment as to validty and infringment. Court adjourned at 5:10 p.m. until 4/28/2005 at 9:00. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/28/2005)
2142005-04-27 Proposed Additional Final Instructions by Pepsico, Inc. and Rapak, LLC. (sjk) (Entered: 04/28/2005)
2152005-04-27 Proposed Supplemental Jury Instructions by The Coca-Cola Company. (sjk) (Entered: 04/28/2005)
2162005-04-28 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/28/2005. Exhibits admitted by the Court. Rebuttal witness William Credle testified. Video deposition of Philip Barth. The Court denied in part Plaintiff's and Defendants' oral Motions for Judgment. The Court reserves ruling on Plaintiff's validity claim and Defendants' willfulness claim. Rebuttal witness Dr. Bruce Nauman testified. Rebuttal witness Debra Boone Overman testified. Plaintiff's rest rebuttal. Court adjourned at 4:10 p.m. until 5/2/2005 at 9:00. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 04/29/2005)
2172005-04-28 ORDER regarding exhibits to be presented to the jury. Signed by Judge Richard W. Story on 4/28/2005. (Attachments: # 1 Exhibit Chart)(sjk) (Entered: 04/29/2005)
2182005-05-02 TRANSCRIPT of Jury Trial Proceedings (Volume XIII) held on 4/28/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 05/02/2005)
2192005-05-02 TRANSCRIPT of Jury Trial Proceedings (Volume XIV) held on 4/29/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 05/02/2005)
2202005-04-29 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 4/29/2005. Charge conference held. Court adjourned at 10:50 a.m. until 5/2/2005 at 9:00 a.m. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 05/02/2005)
2212005-05-02 Jury Instructions. (sjk) (Entered: 05/03/2005)
2222005-05-02 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 5/2/2005. Defendants' Exhibit 97 ADMITTED. Plaintiff's and Defendants' closing arguments. Court charges the jury. Jury begins deliberation. Court adjourned at 5:00 p.m. until 5/3/2005 at 9:00 a.m. Jurors excused until the above time under the usual caution of the Court. (Court Reporters Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 05/03/2005)
2232005-05-03 TRANSCRIPT of Jury Trial Proceedings (Volume XV) held on 5/2/2005 before Judge Richard W. Story. Court Reporter: Donna C. Keeble. (sjk) (Entered: 05/04/2005)
2242005-05-03 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 5/3/2005. Jury continued deliberations. Court adjourned at 5:00 p.m. until 5/4/2005 at 9:00 a.m. Jurors excused until the above time under the usual caution of the Court. (Court Reporters Sharon Upchurch and Donna Keeble.)(sjk) (Entered: 05/04/2005)
2252005-05-04 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial concluded on 5/4/2005. Jury verdict: Damages to Plaintiff The Coca-Cola Company in the amount of $4,167,936. The bifurcated portion regarding inequitable conduct will begin Tuesday, 5/10/2005. Court adjourned at 3:55 p.m. Exhibits returned to the parties. (Court Reporter Sharon Upchurch.)(sjk) (Entered: 05/05/2005)
2262005-05-04 Jury Notes. (sjk) (Entered: 05/05/2005)
2272005-05-04 JURY VERDICT for Plaintiff in the amount of $4,167,936. (sjk) (Entered: 05/05/2005)
2282005-05-10 Proposed Findings of Fact and Conclusions of Law Relating to Counterclaimants' Inequitable Conduct Defense by The Coca-Cola Company. (sjk) (Entered: 05/10/2005)
2292005-05-10 Minute Entry for proceedings held before Judge Richard W. Story: Bench Trial regarding inequitable conduct held and concluded on 5/10/2005. Witness John Alex sworn and testified. Defendants rest. Plaintiff's oral Motion for Judgment GRANTED. Plaintiff to file Proposed Findings of Fact and Conclusions of Law and Defendants to file response. Parties to file proposed judgment. (Court Reporter Sharon Upchurch.)(sjk) (Entered: 05/12/2005)
2302005-05-25 Proposed Final Judgment and Findings of Fact and Conclusions of Law Regarding Inequitable Conduct by The Coca-Cola Company. (Attachments: # 1 Exhibit A - Final Judgment and Injunction, # 2 Exhibit B - Proposed Findings of Fact and # 3 Certificate of Service)(sjk) (Entered: 05/27/2005)
2312005-06-01 RESPONSE re 230 Proposed Findings of Fact, Proposed Final Judgment and Conclusions of Law Regarding Inequitable Conduct filed by Pepsico, Inc., Rapak, LLC, Rapak, LLC, Pepsico, Inc.. (Bondurant, Emmet) (Entered: 06/01/2005)
2322005-06-02 TRANSCRIPT of Jury Trial Proceedings held on 5/4/2005 before Judge Richard W. Story. Court Reporter: Sharon Upchurch. (sjk) (Entered: 06/02/2005)
2332005-06-02 TRANSCRIPT of Bench Trial Proceedings held on 5/10/2005 before Judge Richard W. Story. Court Reporter: Sharon Upchurch. (sjk) (Entered: 06/02/2005)
2342005-06-08 REPLY BRIEF in Support of 230 Proposed Final Judgment and Findings of Fact and Conclusions of Law Regarding Inequitable Conduct filed by The Coca-Cola Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(sjk) (Entered: 06/10/2005)
2352005-06-22 FINDINGS OF FACT AND CONCLUSIONS OF LAW Relating to Counterclaimants' Inequitable Conduct Defense. The Boone patents are therefore enforcable against defendants/counterclaimants. Judgment in accordance with the Jury's verdict and a permanent injunction shall issue in favor of plaintiff The Coca-Cola Company and against both defendants/counterclaimants PepsiCo, Inc. and Rapak, LLC, jointly and severally. Signed by Judge Richard W. Story on 6/22/5. (dcs) (Entered: 06/23/2005)
2362005-06-22 Final JUDGMENT and Injunction. Judgment on the jury verdict that Coca-Cola is entitled to recover $4,167,936.00 as damages for infringment arising from the tube bag and pre-judgment interest in the amount of $697,203.00 and costs. Judgment and injunction are further issued as outlined in the Judgment. Signed by Judge Richard W. Story on 6/22/5. (dcs) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 06/23/2005)
2372005-07-06 MOTION for Judgment as a Matter of Law and MOTION for New Trial with Memorandum In Support. by The Coca-Cola Company. (dcs) Additional attachment(s) added on 7/7/2005 (dcs) (Entered: 07/07/2005)
2382005-07-08 MOTION for Judgment as a Matter of Law or New Trial with Brief In Support by Rapak, LLC. (Attachments: # 1)(Lyons, Kathleen) (Entered: 07/08/2005)
2392005-07-08 MOTION for Stay of Execution of Judgment with Brief In Support by Pepsico, Inc., Rapak, LLC. (Attachments: # 1)(Lyons, Kathleen) (Entered: 07/08/2005)
2402005-07-20 RESPONSE in Opposition re 237 MOTION for Judgment as a Matter of Law MOTION for New Trial and Exhibit A filed by Pepsi-Cola Company, DSS Rapak, Inc.. (Lyons, Kathleen) (Entered: 07/20/2005)
2412005-07-22 BILL OF COSTS by The Coca-Cola Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C Part 2# 4 Exhibit F# 5 Exhibit E to Bill of Cost)(Bienko, Emily) (Entered: 07/22/2005)
2422005-07-22 MEMORANDUM OF LAW by The Coca-Cola Company in Support of 241 BILL OF COSTS. (Attachments: # 1 Exhibit 4, # 2 Exhibit 2, # 3 , Receipt for Filing Fee, # 4 Exhibit 3, # 5 Exhibit 5, and # 6 Exhibit 6)(Bienko, Emily) Modified on 7/25/2005 to correct docket text (sjk). (Entered: 07/22/2005)
2432005-07-22 DOCUMENT FILED IN ERROR BILL OF COSTS Without Exhibits (Exhibits to Be Sent Separately) by The Coca-Cola Company. (Bienko, Emily) Modified on 7/25/2005 to change security setting (sjk). (Entered: 07/22/2005)
2442005-07-25 RESPONSE in Opposition re 239 MOTION for Stay of Execution of Judgment filed by The Coca-Cola Company. (Eisenhard, Christina) (Entered: 07/25/2005)
2452005-07-25 RESPONSE in Opposition re 238 MOTION for Judgment as a Matter of Law or New Trial filed by The Coca-Cola Company. (Eisenhard, Christina) (Entered: 07/25/2005)
2462005-07-29 RESPONSE re 241 Bill of Costs (Defendants' Objections) filed by Pepsico, Inc., Rapak, LLC. (Lyons, Kathleen) (Entered: 07/29/2005)
2472005-08-03 REPLY BRIEF re 237 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by The Coca-Cola Company. (Neufeld, Robert) (Entered: 08/03/2005)
2482005-08-08 REPLY BRIEF re 239 MOTION for Stay of Execution of Judgment filed by Pepsico, Inc., Rapak, LLC. (Lyons, Kathleen) (Entered: 08/08/2005)
2492005-08-08 REPLY BRIEF re 238 MOTION for Judgment as a Matter of Law or New Trial filed by Pepsico, Inc., Rapak, LLC. (Lyons, Kathleen) (Entered: 08/08/2005)
2502005-08-15 REPLY BRIEF re 241 Bill of Costs Reply Brief In Support Of The Coca-Cola Company's Bill Of Costs filed by The Coca-Cola Company. (Attachments: # 1 Exhibit A)(Bankoff, Joseph) Modified on 8/17/2005 to correct docket text (sjk). (Entered: 08/15/2005)
2512005-09-01 ORDER DENYING 237 Motion for Judgment as a Matter of Law and Motion for New Trial, DENYING 238 Motion for Judgment as a Matter of Law, or, in the Alternative, for a New Trial and, DENYING, with the right to re-file, 239 Motion to Stay Execution of the Judgment. Defendants' objections to The Coca-Cola Company's 241 Bill of Costs are SUSTAINED IN PART AND OVERRULED IN PART. The Clerk is DIRECTED to tax costs against Defendants in the amount of $41,410.68. Signed by Judge Richard W. Story on 9/1/2005. (sjk) (Entered: 09/01/2005)
2522005-09-02 Costs Taxed in the amount of $41,410.68 against Defendant. (sjk) (Entered: 09/02/2005)
2532005-09-06 NOTICE OF APPEAL as to 235 Findings of Fact & Conclusions of Law, 236 Judgment, 251 Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Order on Motion for Stay of Execution, by Pepsico, Inc., Rapak, LLC. (Lyons, Kathleen) Modified on 9/7/2005 to remove Transcript Order form due date (ckd). (Entered: 09/06/2005)
2542005-09-07 Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals for the Federal Circuit re: 253 Notice of Appeal, (ckd) (Entered: 09/07/2005)
2552005-09-13 STIPULATION re 236 Judgment, Stipulated Stay of Execution of Judgment for Damages, Prejudgment Interest and Costs by Pepsico, Inc., Rapak, LLC, Rapak, LLC, Pepsico, Inc.. (Bondurant, Emmet) (Entered: 09/13/2005)
2562005-09-13 ORDER GRANTING 255 Stipulated Stay of Execution of Judgment for Damages, Prejudgment Interest and Costs. Signed by Judge Richard W. Story on 9/13/2005. (sjk) (Entered: 09/14/2005)
2572005-09-14 NOTICE OF CROSS APPEAL as to 236 Judgment,, 251 Order on Motion for Judgment as a Matter of Law,,, Order on Motion for New Trial,,,,,, Order on Motion for Stay of Execution,, by The Coca-Cola Company. Transcript Order Form due on 9/28/2005 (Bankoff, Joseph) (Entered: 09/14/2005)
2582005-09-15 Transmission of Certified Copy of Notice of Cross Appeal, Judgment, Order and Docket Sheet to US Court of Appeals for the Federal Circuit re 257 Notice of Cross Appeal, (ckd) (Entered: 09/15/2005)
2592005-09-16 USCA Acknowledgment of 253 Notice of Appeal filed by Pepsico, Inc., and Rapak, LLC. Case Appealed to USCA - Federal Circuit Case Number 05-1576 (kac) (Entered: 09/19/2005)
2602005-09-22 Financial Arrangements Completed (transcript is already on file) re: 253 Notice of Appeal, filed by Pepsico, Inc., Rapak, LLC,. Case Appealed to USCA Federal Circuit Case Number 05-1576 (ckd) (Entered: 09/22/2005)
2612005-09-22 TRANSCRIPT ORDER FORM (Transcript is already on file) re: 257 Notice of Cross Appeal,. USCA for the Federal Circuit Appeal Number 05-1576 (ckd) (Entered: 09/23/2005)
2622005-09-23 Financial Arrangements Completed (Transcript is already on file) re: 257 Notice of Cross Appeal filed by The Coca-Cola Company. Case Appealed to USCA for the Federal Circuit Case Number 05-1591 (ckd) Modified on 9/26/2005 to correct Federal Circuit Case Number (ckd). (Entered: 09/23/2005)
2632005-09-23 USCA Federal Circuit Acknowledgment of 257 Notice of Cross Appeal, filed by The Coca-Cola Company,. Case Appealed to USCA Federal Circuit Case Number 05-1591 (ckd) (Entered: 09/26/2005)
2642006-01-17 Certified copy of ORDER of USCA for the Federal Circuit: The parties having so agreed, it isORDERED that the proceeding is DISMISSED under Fed. R. App. P. 42 (b). re: 257 Notice of Cross Appeal filed by The Coca-Cola Company, 253 Notice of Appeal, filed by Pepsico, Inc., Rapak, LLC, Case Appealed to USCA Federal Circuit Case Number 05-1576, 1591. (ckd) (Entered: 01/19/2006)