Free Scheduling Conference - District Court of Colorado - Colorado

Case 1:02-cv-00311-RPM

Document 85

Filed 07/22/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch July 22, 2005 Date: Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 02-cv-00311-RPM CLIMAX MOLYBDENUM COMPANY, a Delaware Corporation, Plaintiff, v. MOLYCHEM, LLC., an Illinois Limited Liability Company, and WILLIAM THIEDE, Donald Trinen Roman Pizarro Gregg Anderson David Palmer

Defendants. ____________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Scheduling Conference 1:54 p.m. Court in session.

Discussion regarding Defendant' Motion for Leave to File Second Amended Answer and s CounterClaims. Counsel answer questions. Mr. Anderson states no evidence from the other inventors were permitted to be presented at the International Trade Commission proceeding regarding inequitable conduct. Discussion regarding inequitable conduct, antitrust issues and patent fraud. Mr. Trinen states defendant is currently not competing in the smoke suppressant business but still has a viable metal company. ORDERED: Defendant' Motion for Leav e to File Second Amended Answ er and s CounterClaims, filed July 8, 2005 (doc. 83), is granted. Second Amended Answ er and Counterclaims is accepted and filed as of July 22, 2005. Plaintiff has 30 days to respond to Second Amended Answ er and Counterclaim. Replies shall be filed in accordance w ith the rules.

Counsel agree to waiver of service with respect to Phelps Dodge. 2:22 p.m. Court in recess.
Hearing concluded. Total time in court: .28 min.

Clerk' Note: No scheduling order entered. s