Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod Case 1:02-cv-02394-RPM

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APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:02-cv-02394-RPM

Pivonka, et al v. Central Garden Pet, et al Assigned to: Judge Richard P. Matsch Demand: $0 Cause: 35:271 Patent Infringement Plaintiff Scott Pivonka individually

Date Filed: 12/23/2002 Date Terminated: 08/08/2008 Jury Demand: Both Nature of Suit: 830 Patent Jurisdiction: Federal Question represented by Doddridge C. Shelby Doddridge C. Shelby, Law Office of 3515 South Tamarac Drive #200 Denver, CO 80237 303-785-2868 Fax: 303-689-9627 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramon Luis Pizarro Ramon L. Pizzaro, Attorney at Law 3515 South Tamarac Drive #200 Denver, CO 80204 303-779-9551 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff John Tottleben individually represented by Doddridge C. Shelby (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramon Luis Pizarro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Central Garden & Pet Company a Delaware corporation represented by Daniel E. Evans Godin & Baity, LLC 1050 17th Street Independence Plaza #1610 Denver, CO 80265 303-572-3100 Fax: 303-572-3400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Russell Scott Burnside Greenberg Dauber Epstein & Tucker, P.C. One Gateway Center #600 Newark, NJ 07102 973-643-3700 Fax: 973-643-1218 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Gerard Ripplinger Godin & Baity, LLC 1050 17th Street Independence Plaza #1610 Denver, CO 80265 303-572-3100 Fax: 303-572-3400 Email: [email protected] Peggy E. Kozal Godin & Baity, LLC 1050 17th Street Independence Plaza #1610 Denver, CO 80265 303-572-3100 Fax: 303-572-3400 Email: [email protected] Defendant Nylabone Corporation represented by Daniel E. Evans

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a New Jersey corporation

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Russell Scott Burnside (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Gerard Ripplinger (See above for address) Peggy E. Kozal (See above for address)

Defendant TFC Publications, Inc. a Delaware corporation TERMINATED: 04/22/2003 represented by Kevin Gerard Ripplinger (See above for address) Russell Scott Burnside (See above for address) ATTORNEY TO BE NOTICED Defendant TFH Publications, Inc. a Delaware corporation represented by Daniel E. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Russell Scott Burnside (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Gerard Ripplinger (See above for address) Peggy E. Kozal (See above for address) ATTORNEY TO BE NOTICED Counter Claimant Central Garden & Pet Company represented by Daniel E. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Gerard Ripplinger (See above for address)

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Counter Claimant Nylabone Corporation represented by Daniel E. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Gerard Ripplinger (See above for address) Counter Claimant TFH Publications, Inc. represented by Daniel E. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Gerard Ripplinger (See above for address) ATTORNEY TO BE NOTICED Russell Scott Burnside (See above for address) ATTORNEY TO BE NOTICED V. Counter Defendant Scott Pivonka represented by Ramon Luis Pizarro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Defendant John Tottleben represented by Ramon Luis Pizarro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/23/2002 12/23/2002 04/22/2003

# 1

Docket Text COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 12/24/2002) FILING FEE PAID: on 12/23/02 in the amount of $ 150, receipt # 240157. (bpm) (Entered: 12/24/2002) 2 First AMENDED COMPLAINT [1-1] by plaintiff; jury demand terminating defendant TFC Publications Inc; adding defendant TFH Publications Inc (lam) (Entered: 04/22/2003)

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ANSWER to first amended complaint [2-1] and COUNTERCLAIMS; jury demand by dfts Central Garden Pet, Nylabone Corporation [sic], TFH Publications Inc against plaintiff (lam) (Entered: 05/12/2003) Corporate Disclosure STATEMENT by defendants (lam) (Entered: 05/12/2003) MOTION by defendants to stay this action for duration of patent interference proceeding (lam) (Entered: 05/12/2003) ORDER by Judge Richard P. Matsch granting dfts' motion to stay this action for duration of patent interference proceeding [5-1] ; CASE STAYED pending determination of the interference proceedings before US Patent Office [6-2] (cc: all counsel) ; entry date : 5/21/03 (lam) (Entered: 05/21/2003) ORDER by Judge Richard P. Matsch ; parties' status report ddl set for 7/6/04 (cc: all counsel) ; entry date : 6/18/04 (pap) (Entered: 06/18/2004) JT STATUS REPORT by dfts Central Garden Pet, Nylabone Corporation, TFH Publications Inc (lam) (Entered: 07/07/2004) ORDER TO SHOW CAUSE: parties shall show cause by 3/30/06, why this action should not be dismissed or, alternatively, administratively closed. Signed by Judge Richard P. Matsch on 3/21/06. (lam, ) (Entered: 03/21/2006) RESPONSE TO ORDER TO SHOW CAUSE re 9 by Defendants Central Garden & Pet Company, Nylabone Corporation, TFC Publications, Inc., TFH Publications, Inc.. (Attachments: # 1 Exhibit Exhibit 1 to Response to Order to Show Cause)(Evans, Daniel) (Entered: 03/29/2006) RESPONSE TO ORDER TO SHOW CAUSE 9 And Motion to Dissolve Stay by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Dissolving Stay# 2 Exhibit MPEP Section 2301)(Pizarro, Ramon) Modified on 3/30/2006 to create linkage (emksl, ). (Entered: 03/29/2006) Docket Annotation re: 11 Response to Order to Show Cause. Docket text altered to create link to Doc. #9. Text only entry - no document attached. (emksl, ) (Entered: 03/30/2006) ORDER Setting Scheduling Conference for 5/23/2006 10:00 AM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 4/5/06. (lam, ) (Entered: 04/05/2006) ORDER Vacating Stay that the stay order entered on 5/19/03 6 is vacated. Signed by Judge Richard P. Matsch on 4/5/06. (lam, ) (Entered: 04/05/2006) Plaintiffs' Pivonka and Tottleben's ANSWER to Counterclaim of TFH Publications by Scott Pivonka and John Tottleben.(Pizarro, Ramon) (Modified on 4/19/2006 to add filer) (lam, ). (Entered: 04/14/2006) First MOTION to Dismiss TFH's Counterclaims III through VI by Plaintiffs

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Scott Pivonka and John Tottleben. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Dismissing Counterclaims III through VI# 2 Exhibit Page 6 of TFH Request for Interference)(Pizarro, Ramon) (Modified on 4/19/2006 to add filer) (lam, ). (Entered: 04/14/2006) 04/19/2006 17 Docket Annotation re: 16 First MOTION to Dismiss TFH's Counterclaims III through VI and 15 Answer to Counterclaim, were modified to add an additional filer. Text only entry - no document attached. (lam, ) (Entered: 04/19/2006) NOTICE of Entry of Appearance by Russell Scott Burnside on behalf of all defendants (Burnside, Russell) (Entered: 04/25/2006) BRIEF in Opposition re 16 First MOTION to Dismiss TFH's Counterclaims III through VI filed by Defendants Central Garden & Pet Company, Nylabone Corporation [sic] and TFH Publications, Inc. (Burnside, Russell) (Modified on 5/5/2006 to correct filers)(lam, ). (Entered: 05/04/2006) Docket Annotation re: 19 Brief in Opposition to Motion. This entry was modified to correct the filers. Text only entry - no document attached. (lam, ) (Entered: 05/05/2006) REPLY to Response to Motion re 16 First MOTION to Dismiss TFH's Counterclaims III through VI filed by Counter Defendants Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit Wal-mart Letter# 2 Exhibit PetSmart Letter)(Pizarro, Ramon) (Entered: 05/18/2006) SCHEDULING ORDER: Expert Discovery due by 2/15/2007; Dispositive Motions deadline shall be 45 days after the close of expert discovery. Signed by Judge Richard P. Matsch on 5/23/06. (lam, ) (Entered: 05/23/2006) Minute Entry - Courtroom Minutes for Scheduling Conference held on 5/23/2006 before Judge Richard P. Matsch. ORDERED: Plaintiffs' 16 MOTION to Dismiss TFH's Counterclaims III through VI is denied, Scheduling Order approved. (Court Reporter ECR - B. Abiakam) (rpmcd) (Entered: 05/23/2006) Pursuant to the 5/23/2006 Courtroom Minutes: ORDER denying 16 Plaintiffs' Motion to Dismiss Counts III Through VI of TFH's Counterclaims by Judge Richard P. Matsch. (Text entry only, no document attached) (rpmcd) (Entered: 05/23/2006) STIPULATION for Extension of Time to Respond to Plaintiff John Tottlebens First Set of Interrogatories and Requests for Production (Twenty Day) by Defendants Central Garden & Pet Company, Nylabone Corporation, TFC Publications, Inc., TFH Publications, Inc.. (Evans, Daniel) (Entered: 05/30/2006) Unopposed MOTION For Extension of Time to Out of Time to Respond to Plaintiff John Tottlebens First Set of Interrogatories and Requests for Production by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Order)(Evans, Daniel) (Entered: 06/22/2006)

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ORDER granting Defendants' Unopposed 26 Motion for 30 Day Extension of Time to Respond to Plaintiff Tottleben's 1st Set of Interrogatories and Requests for Production to 7/19/06. Signed by Judge Richard P. Matsch on 6/22/06. (gms, ) (Entered: 06/23/2006) Stipulated MOTION for Protective Order Regarding Confidentiality by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1)(Evans, Daniel) (Entered: 07/18/2006) STIPULATION AND ORDER Regarding Confidentiality. Signed by Judge Richard P. Matsch on 7/18/06. (lam, ) (Entered: 07/19/2006) MOTION For Extension of Time to to Complete Fact Discovery for 45 days Opposed by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# (Sealed)(6) Exhibit F# 7 Proposed Order (PDF Only))(Evans, Daniel) (Modified on 10/11/2006 to note sealing of Exhibit E) (lam, ). (Entered: 10/10/2006) Docket Annotation re: 30 MOTION For Extension of Time to to Complete Fact Discovery for 45 days Opposed. This entry was modifed pursuant to the oral direction of Chambers, Exhibit E was sealed pending the filing of a Motion to Seal. Text only entry - no document attached. (lamsl, ) (Entered: 10/11/2006) MOTION to Seal Document by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Evans, Daniel) (Entered: 10/11/2006) ORDER granting Defendants' 32 Motion to Seal. The document attached as Exhibit E to Defendants' 30 Opposed MOTION for 45 Day Extension of Time to Complete Fact Discovery is deemed filed under seal. Signed by Judge Richard P. Matsch on 10/11/06.(lam, ) (Entered: 10/11/2006) RESPONSE to Motion re 30 MOTION For Extension of Time to to Complete Fact Discovery for 45 days Opposed by Plaintiffs filed by Plaintiffs Scott Pivonka, John Tottleben. (Pizarro, Ramon) (Entered: 10/16/2006) REPLY to Response to Motion re 30 MOTION For Extension of Time to to Complete Fact Discovery for 45 days Opposed filed by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Affidavit of Steven J Grossman)(Evans, Daniel) (Entered: 10/18/2006) MINUTE ORDER Setting Hearing on Defendants' 30 MOTION For Extension of Time to to Complete Fact Discovery for 11/1/2006 04:30 PM in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 10/24/06. (lam, ) (Entered: 10/24/2006) NOTICE of Entry of Appearance by Peggy E. Kozal on behalf of all defendants (Kozal, Peggy) (Entered: 10/26/2006) MOTION to Vacate November 1, 2006 Hearing by Defendants Central

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Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kozal, Peggy) (Entered: 10/26/2006) 10/27/2006 39 MINUTE ORDER denying Defendants' 38 Motion to Vacate 11/1/06 Hearing, by Judge Richard P. Matsch on 10/27/06.(lam, ) (Entered: 10/27/2006) MOTION to Stay by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Appendix Appendix of Unpublished Decisions# 7 Continuation of Main Document Hamilton v. Midwest unpublished decision# 8 Continuation of Main Document Emhart v. Sankyo unpublished decision# 9 Continuation of Main Document Broadcast v. Charter unpublished decision# 10 Continuation of Main Document Echostar v. TIVO# 11 Continuation of Main Document Danis v. USN unpublished dec (1 of 3)# 12 Continuation of Main Document Danis (2 of 3) # 13 Continuation of Main Document Danis (3 of 3)# 14 Continuation of Main Document Pegasus v. Directv unpublished decision# 15 Continuation of Main Document Middleton v. Minnesota unpublished decision# 16 Proposed Order (PDF Only) Order)(Kozal, Peggy) (Entered: 10/30/2006) NOTICE re 40 MOTION to Stay To Correct Signature Page by Defendants Central Garden & Pet Company, Nylabone Corporation, TFC Publications, Inc., TFH Publications, Inc. (Kozal, Peggy) (Entered: 10/30/2006) NOTICE of Entry of Appearance by Doddridge C. Shelby on behalf of Defendants Scott Pivonka, John Tottleben. (lam, ) (Entered: 11/02/2006) Minute Entry for proceedings held before Judge Richard P. Matsch : Motion Hearing held on 11/1/2006; denying 40 Defendants' Motion to Stay; granting 30 Defendants Opposed Motion for 45 day Extension of Time to Complete Fact Discovery. Defendants' have until 12/18/2006 to complete depositions. (Court Reporter FTR - Kathy Terasaki) (lam, ) (Entered: 11/02/2006) First MOTION for Protective Order (Opposed) by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit A - Letter From Glenn Axelrod# 2 Exhibit B - Deposition Notice)(Pizarro, Ramon) (Entered: 11/14/2006) BRIEF in Opposition re 44 First MOTION for Protective Order (Opposed) Defendants' Opposition to Plaintiffs' Motion for Protective Order filed by Defendant TFH Publications, Inc., Counter Claimant TFH Publications, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N# 15 Exhibit Exhibit O# 16 Exhibit Exhibit P# 17 Index Unpublished Opinions# 18 Exhibit Exhibit 1 to Unpublished Opinions# 19 Exhibit Exhibit 2 to Unpublished Opinions# 20 Exhibit Exhibit 3 to Unpublished Opinions# 21 Exhibit Exhibit 4 to the Unpublished Opinions) (Burnside, Russell) (Entered: 11/21/2006) MOTION to Compel Plaintiffs to Produce Documents by Defendant Central

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Garden & Pet Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Index# 10 Exhibit 1# 11 Exhibit 2)(Burnside, Russell) (Entered: 11/28/2006) 12/01/2006 47 REPLY to Response to Motion re 44 First MOTION for Protective Order (Opposed) filed by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit U.S. Patent No. 6,408,797# 2 Exhibit U.S. Patent 6,216,638) (Pizarro, Ramon) (Entered: 12/01/2006) MOTION to Expedite Ruling on Pending Defendants' Motion to Compel Plaintiffs to Produce Documents - Opposed by Defendants Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Evans, Daniel) (Entered: 12/01/2006) ORDER granting Defendants 46 Motion to Compel Productions of Documents. Signed by Judge Richard P. Matsch on 12/5/06.(jjh, ) (Entered: 12/05/2006) ORDER denying Plaintiffs 44 Motion for Protective Order re Deposition of Pizarro. Signed by Judge Richard P. Matsch on 12/5/06.(jjh, ) (Entered: 12/05/2006) Emergency MOTION for Reconsideration re 50 Order on Motion for Protective Order by Plaintiffs Scott Pivonka, John Tottleben. (Pizarro, Ramon) (Entered: 12/06/2006) RESPONSE to Motion re 51 Emergency MOTION for Reconsideration re 50 Order on Motion for Protective Order and Notice of Opposition to Request for Reconsideration filed by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Evans, Daniel) (Modified on 12/12/2006 to remove a filer) (lam, ). (Entered: 12/08/2006) REPLY to Response to Motion re 51 Emergency MOTION for Reconsideration re 50 Order on Motion for Protective Order filed by Plaintiffs Scott Pivonka, John Tottleben. (Pizarro, Ramon) (Entered: 12/08/2006) ORDER denying 51 Motion for Reconsideration re: motion for protective order. Signed by Judge Richard P. Matsch on 12/11/06.(gmssl, ) (Entered: 12/11/2006) Docket Annotation re: 52 Response to Motion. This entry was modifed to remove TFC Publications, Inc. as a filer. Text only entry - no document attached. (lam, ) (Entered: 12/12/2006) BRIEF (Event changed into a Motion for Summary Judgment) Defendant's Motion for Summary Judgment by Defendant Central Garden & Pet Company. (Burnside, Russell) (Modified on 4/3/2007 to change event into a motion)(lam, ). (Entered: 04/02/2007) DECLARATION of Glen Axelrod regarding Brief 56 by Defendant Central Garden & Pet Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit

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H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X)(Burnside, Russell) (Entered: 04/02/2007) 04/02/2007 58 DECLARATION of Russell S. Burnside, Esq. regarding Brief 56 by Defendant Central Garden & Pet Company. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Burnside, Russell) (Entered: 04/02/2007) DECLARATION of Russell S. Burnside, Esq. regarding Declaration 58 by Defendant Central Garden & Pet Company. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Burnside, Russell) (Entered: 04/02/2007) First MOTION for Summary Judgment On Defendants' Claims Of Inequitable Conduct and Counterclaims by Counter Defendants Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Proposed Document Proposed Order)(Pizarro, Ramon) (Entered: 04/02/2007) DECLARATION of Russell S. Burnside regarding Brief 56 by Defendant Central Garden & Pet Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Burnside, Russell) (Entered: 04/03/2007) DECLARATION of Russell S. Burnside regarding Declaration, 61 by Defendant Central Garden & Pet Company. (Attachments: # 1 Exhibit O# 2 Exhibit P# 3 Exhibit Q# 4 Exhibit R)(Burnside, Russell) (Entered: 04/03/2007) Exhibits in Support of 62 Declaration of Russell S. Burnside by Defendant Central Garden & Pet Company. (Attachments: # 1 Exhibit S - Part 2 Burnside Declaration)(Burnside, Russell) (Entered: 04/03/2007) Docket Annotation; The 56 Brief event was changed into a MOTION for Summary Judgment. Declaration of Russell S. Burnside and Exhibits A-S, Document #s 58 59 were refiled as Declaration with corrected Exhibits A-S, Document #s 61 , 62 , 63 . Text only entry - no document attached. (lam, ) (Entered: 04/03/2007) BRIEF in Opposition re 60 First MOTION for Summary Judgment On Defendants' Claims Of Inequitable Conduct and Counterclaims filed by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit Supplemental Declaration of R. Burnside In Opposition to Plaintiffs' Summary Judgment Motion# 2 Exhibit A- TFH's Answer to First Amended Complaint# 3 Exhibit B - Excerpts from Pizarro's Transcript)(Burnside, Russell) Modified on 4/24/2007 to remove TFC Publications as a filer.(gms, ). (Entered: 04/23/2007) RESPONSE to Motion re 56 MOTION for Summary Judgment of Defendants filed by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit Exhibit A - Letter From TFH# 2 Exhibit Exhibit B - Altered

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Drawings# 3 Exhibit Exhibit C - March 11, 1999 TFH Filing# 4 Exhibit Exhibit D - Interference Show Cause Order# 5 Exhibit Exhibit E - Central Garden Annual Report Sections# 6 Exhibit Exhibit F - Interference Decision on Materiality of Letters# 7 Exhibit Exhibit G - Interference Axelrod Declaration)(Pizarro, Ramon) (Entered: 04/23/2007) 04/24/2007 67 Docket Annotation re: 65 Brief in Opposition to Motion. This docket entry was modified to remove TFC Publications as a filer. Text only entry - no document attached. (gms, ) (Entered: 04/24/2007) SUPPLEMENT/AMENDMENT to 66 Response to Motion,, Opposing Defendants' Motion For Summary Judgment by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit H)(Pizarro, Ramon) (Entered: 04/24/2007) REPLY to Response to Motion re 56 MOTION for Summary Judgment Defendants' Reply to Plaintiffs' Opposition to Motion For Summary Judgment filed by Defendant TFH Publications, Inc.. (Burnside, Russell) (Entered: 05/08/2007) DECLARATION of Second Supplemental Declaration of Russell S. Burnside regarding Reply to Response to Motion 69 by Defendant TFH Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Burnside, Russell) (Entered: 05/08/2007) DECLARATION of Supplemental Declaration of Glen Axelrod regarding Reply to Response to Motion 69 by Defendant TFH Publications, Inc.. (Burnside, Russell) (Entered: 05/08/2007) DECLARATION of Steven J. Grossman regarding Reply to Response to Motion 69 by Defendant TFH Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Burnside, Russell) (Entered: 05/08/2007) REPLY to Response to Motion re 60 First MOTION for Summary Judgment On Defendants' Claims Of Inequitable Conduct and Counterclaims filed by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit Axelrod 2005 patent citing Heath 016# 2 Exhibit Trademark P&T 1-16# 3 Exhibit Depositin of Ramon L Pizarro with relevant Exhibits# 4 Exhibit APPMA Letter Show of June 2 1999# 5 Exhibit Pivonka 638 Patent# 6 Exhibit Pivonka 797 Patent# 7 Exhibit Interference Show Cause# 8 Exhibit May 9 2001 Grossman Letter# 9 Exhibit March 22 2001 Grossman Letter# 10 Exhibit July 17 2001 Grossman Letter# 11 Exhibit September 21 2001 Grossman Letter# 12 Exhibit Interference Paper 26 Order on Motions# 13 Exhibit Notice Letter Petco# 14 Exhibit Notice Letter Wal-Mart# 15 Exhibit Notice Letter K-Mart# 16 Exhibit Notice Letter Petsmart# 17 Exhibit MPEP 2001.6# 18 Exhibit MPEP Foreword# 19 Exhibit February 2001 Letter from Plaintiffs# 20 Exhibit March 2001 Letter from Plaintiffs# 21 Exhibit May 2001 Letter from Plaintiffs# 22 Exhibit September 2001 Letter From Plaintiffs)(Pizarro, Ramon) (Entered: 05/08/2007) MOTION for Leave to File a Supplemental Submission in Support of their

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https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?175678721446054-L_567_0-1

9/4/2008

CM/ECF - U.S. District Court:cod Case 1:02-cv-02394-RPM

Document 95-3

Filed 09/04/2008

Page 12 of 14 Page 12 of 14

Pending Motion for Summary Judgment by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit 1, Defendants' Supplemental Submission in Support of their Motion for Summary Judgment# 2 Exhibit 2, Third Supplemental Declaration of Russell S. Burnside# 3 Exhibit A to Russell S. Burnside's 3rd Supp Declaration# 4 Exhibit B to Declaration of Russell S. Burnside# 5 Exhibit C to 3rd Supp Declaration of Russell S. Burnside# 6 Exhibit D to 3rd Supp Declaration of Russell S. Burnside# 7 Exhibit E to 3rd Supp Declaration of Russell S. Burnside)(Burnside, Russell) (Entered: 09/20/2007) 09/24/2007 75 Minute ORDER granting Defendants' 74 Motion for Leave to File a Supplemental in Support of their pending Motion for Summary Judgment by Judge Richard P. Matsch on 09/24/07.(jjh, ) (Entered: 09/24/2007) Defendants' SUPPLEMENTAL Submission in Support of Their Motion for Summary Judgment 56 filed by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc. (jjh, ) (Entered: 10/02/2007) RESPONSE to 76 Supplement/Amendment in support of Defendants Motion for Summary Judgement, filed by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit PTO Board Order and Invitation# 2 Exhibit Plaintiffs Response to PTO Invitation# 3 Exhibit In Re Seagate# 4 Exhibit Axelrod April 7 1999 Letter)(Pizarro, Ramon) (Entered: 10/12/2007) ERRATA to Add Correct Exhibit A to Paper 77 filed by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit Correct Exhibit A) (Pizarro, Ramon) (Entered: 10/15/2007) REPLY to Response to Motion re 74 MOTION for Leave to File a Supplemental Submission in Support of their Pending Motion for Summary Judgment of Russell S. Burnside, Esq. filed by Defendants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit A)(Burnside, Russell) (Entered: 11/02/2007) ORDER on Motions for Summary Judgment: that the defendants' 56 Motion for Summary Judgment is granted in part and denied in part. All of the plaintiffs' claims against Central Garden & Pet Company and Nylabone Corporation are dismissed. The Plaintiffs' claim of willful infringement is dismissed as to all defendants. The defendants' motion is otherwise denied; that the plaintiffs' 60 Motion for Summary Judgment is granted in part and denied in part. The defendants' second, third, fourth, fifth and sixth counterclaims are dismissed. The plaintiffs' motion for summary judgment is denied as to the defendants' first counterclaim for declaration of invalidity. That on or before 4/7/08, the parties will file a joint status report describing the status of the PTO proceeding. Signed by Judge Richard P. Matsch on 2/19/08.(lam, ) (Entered: 02/19/2008) Utility Setting/Resetting Deadlines/Hearings: The parties Joint Status Report is due by 4/7/2008 pursuant to the Order on Motions for Summary Judgment filed 2/19/08. Text only entry - no document attached. (lam, ) (Entered: 02/19/2008)

09/24/2007

76

10/12/2007

77

10/15/2007

78

11/02/2007

79

02/19/2008

80

02/19/2008

81

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?175678721446054-L_567_0-1

9/4/2008

CM/ECF - U.S. District Court:cod Case 1:02-cv-02394-RPM

Document 95-3

Filed 09/04/2008

Page 13 of 14 Page 13 of 14

03/27/2008

82

MOTION for Leave to Fila A Motion for Reconsideration of TFH's Motion for Summary Judgment by Defendant TFH Publications, Inc.. (Attachments: # 1 Proposed Document Motion for Reconsideration of TFH's Motion for Summary Judgment, # 2 Affidavit Declaration of Russell S. Burnside, # 3 Exhibit Burnside Decl. Ex. A, # 4 Exhibit Burnside Decl. Ex. B, # 5 Exhibit Burnside Decl. Ex. C, # 6 Exhibit Burnside Decl. Ex. D, # 7 Exhibit Burnside Decl. Ex. E, # 8 Exhibit Burnside Decl. Ex. F, # 9 Exhibit Burnside Decl. Ex. G, # 10 Exhibit Burnside Decl. Ex. H, # 11 Exhibit Burnside Decl. Ex. I, # 12 Exhibit Burnside Decl. Ex. J, # 13 Exhibit Burnside Decl. Ex. K, # 14 Exhibit Burnside Decl. Ex. L)(Burnside, Russell) (Entered: 03/27/2008) Joint STATUS REPORT RE PTO PROCEEDINGS by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit Memorandum Opinion and Order, # 2 Exhibit JUDGMENT)(Pizarro, Ramon) (Entered: 04/07/2008) ORDER granting TFH's 82 Motion for Leave to File a Motion for Reconsideration of its Motion for Summary Judgment. TFHs Motion for Reconsideration of Its Motion for Summary Judgment or, Alternatively, Motion to Stay the matter Pending Reexamination of Plaintiffs 638 Patent attached thereto is filed. Signed by Judge Richard P. Matsch on 04/08/08. (jjh, ) (Entered: 04/08/2008) MOTION for Reconsideration of its Motion for Summary Judgment or, Alternatively, Motion to Stay the Matter Pending Re-Examination of Plaintiffs' '638 Patent by Defendant TFH Publications, Inc.. (jjh, ) (Entered: 04/08/2008) BRIEF in Opposition re 85 MOTION for Reconsideration Plaintiffs Opposition to Motion for Summary Judgment filed by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit March 11 2008 PTO Order, # 2 Exhibit August 30 2007 PTO Show Cause Without Exhibits, # 3 Exhibit Mylan Case, # 4 Exhibit Pivonka 797 Patent, # 5 Exhibit Heath Patent, # 6 Exhibit Monetti Patent, # 7 Exhibit Beard Patent)(Pizarro, Ramon) (Entered: 04/28/2008) STATUS REPORT Regarding Notice of Appeal of PTO BPAI Decision by Plaintiffs Scott Pivonka, John Tottleben. (Attachments: # 1 Exhibit Federal Circuit Filing and Notice of Appeal)(Pizarro, Ramon) (Entered: 05/02/2008) REPLY to Response to Motion re 85 MOTION for Reconsideration to Summary Judgment filed by Defendant TFH Publications, Inc.. (Burnside, Russell) (Entered: 05/08/2008) ORDER Granting Summary Judgment of Dismissal. ORDERED, that the motion for summary judgment of defendant TFH Publications, Inc., is granted and judgment will enter dismissing this civil action and awarding costs to the defendants. Signed by Judge Richard P. Matsch on 08/08/08. (jjh, ) (Entered: 08/08/2008) JUDGMENT. Ordered that this civil action is dismissed. Defendants are awarded costs upon the filing of a Bill of Costs within 10 days. Signed on 08/08/08. (jjh, ) (Entered: 08/08/2008)

04/07/2008

83

04/08/2008

84

04/08/2008

85

04/28/2008

86

05/02/2008

87

05/08/2008

88

08/08/2008

89

08/08/2008

90

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?175678721446054-L_567_0-1

9/4/2008

CM/ECF - U.S. District Court:cod Case 1:02-cv-02394-RPM

Document 95-3

Filed 09/04/2008

Page 14 of 14 Page 14 of 14

08/18/2008

91

Proposed Bill of Costs by Defendants Central Garden & Pet Company, Nylabone Corporation, TFC Publications, Inc., TFH Publications, Inc., Counter Claimants Central Garden & Pet Company, Nylabone Corporation, TFH Publications, Inc.. (Attachments: # 1 Exhibit)(Ripplinger, Kevin) (Entered: 08/18/2008) OBJECTIONS to 91 Proposed Bill of Costs, Objections FIled by Plaintiffs Scott Pivonka, John Tottleben. (Pizarro, Ramon) (Entered: 08/19/2008) REPLY in Support of Bill of Costs 91 by Defendants Central Garden & Pet Company, Nylabone Corporation, Counter Claimant Central Garden & Pet Company. (Ripplinger, Kevin) Modified on 8/27/2008 to add linkage (jjh, ). (Entered: 08/26/2008) NOTICE OF APPEAL as to 89 Order on Motion for Reconsideration, Filed by Plaintiffs Scott Pivonka, John Tottleben (Pizarro, Ramon) (Entered: 09/03/2008)

08/19/2008 08/26/2008

92 93

09/03/2008

94

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?175678721446054-L_567_0-1

9/4/2008