Free Status Report - District Court of Colorado - Colorado

Case 1:02-cv-02267-WDM-PAC

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Filed 06/30/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-02267-WDM-PAC (Consolidated with 03-cv-01633-WDM-PAC)

APPLIED INNOVATIVE TECHNOLOGIES, INC., a Colorado corporation, Plaintiff, v. EXCALIBUR ELECTRONICS, INC., et al. Defendants. PLAINTIFF'S STATUS REPORT

Plaintiff Applied Innovative Technologies, Inc. ("AIT") hereby submits the following status report pursuant to the Court's Minute Order dated March 22, 2004: 1. On December 5, 2002, AIT filed a Complaint in United States District Court for

the District of Colorado Case No. 02-cv-02267-WDM-PAC alleging infringement of U.S. Patent No. 5,795,714 against Excalibur Electronics, Inc. ("Excalibur") and other Defendants. 2. On February 14, 2003, Excalibur filed a Complaint against AIT in United States

District Court for the Southern District of Florida Case No.03-20327-CIV-GRAHAM/GARBER alleging unfair competition, patent misuse and unenforceability of U.S. Patent No. 5,795,714. This case was transferred to the District of Colorado on August 20, 2003 and has been assigned Case No. 03-cv-01633-WDM-PAC. 3. On November 5, 2003, the 02-02267 Case and the 03-01633 Case were

consolidated for discovery purposes under Case No. 02-cv-02267-WDM-PAC.

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4.

Pursuant to a request by the parties, all proceedings were stayed pending the

resolution of the patent re-examination by the United States Patent and Trademark Office (USPTO). 5. The USPTO issued its first office action in the patent re-examination on August

21, 2003, and AIT filed its response on October 28, 2003. The USPTO issued a non-final office action on March 15, 2005, and AIT filed its Reply on May 16, 2005. AIT is waiting for a response from the USPTO. 6. The parties will continue to keep the Court advised of the status of the patent re-

examination and will submit another status report to the Court on or before December 30, 2005, and every six months thereafter until the patent re-examination has been completed. Dated: June 30, 2005. Respectfully submitted, FAEGRE & BENSON LLP

s/ Neal S. Cohen_____________ Neal S. Cohen Mark W. Fischer 1900 Fifteenth Street Boulder, CO 80302 Telephone: (303) 447-7700 Facsimile: (303) 447-7800 E-mail: [email protected] [email protected] ATTORNEYS FOR PLAINTIFF APPLIED INNOVATIVE TECHNOLOGIES, INC.

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Case 1:02-cv-02267-WDM-PAC

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on June 30, 2005, I electronically filed the foregoing PLAINTIFF'S STATUS REPORT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following persons at the given email addresses: James K. Lewis Patton Boggs 1660 Lincoln St., Suite 1900 Denver, CO 80294 [email protected] Counsel for Defendant Excalibur Electronics, Inc. Susan Bernhardt Netzorg, McKeever, Koclanes & Bernhardt LLC 1670 Broadway, Suite 500 Denver, CO 80202 [email protected] Counsel for Defendant Sharper Image Corporation I also hereby certify that on June 30, 2005, a true and correct copy of the foregoing PLAINTIFF'S STATUS REPORT was sent via facsimile and placed in the U. S. Mail, properly addressed, postage prepaid to the following non-CM/ECF participants: Richard M. Saccocio Law Office of Richard M. Saccocio, P.A. 100 Southeast 12th Street Fort Lauderdale, Florida 33316 Counsel for Defendant Excalibur Electronics, Inc.

s/ Neal S. Cohen Neal S. Cohen Attorneys for Plaintiff Applied Innovative Technologies, Inc. FAEGRE & BENSON LLP 1900 Fifteenth Street Boulder, CO 80302 Telephone: (303) 447-7700 Facsimile: (303) 447-7800 E-mail: [email protected]

Civil Action No. 02-WM-2267 (PAC) ­PLAINTIFF'S STATUS REPORT

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