This case was last updated from U.S. District Courts on 06/15/2022 at 20:52:32 (UTC).

Delta Faucet Company v. Kohler Co

Case Summary

On 01/04/2021 Delta Faucet Company filed an Intellectual Property - Patent lawsuit against Kohler Co. This case was filed in U.S. District Courts, Wisconsin Eastern District Court. The Judge overseeing this case is Pamela Pepper. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00003

  • Filing Date:

    01/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Pamela Pepper

 

Party Details

Plaintiff

Delta Faucet Co

Defendant

Kohler Co

Attorney/Law Firm Details

Plaintiff Attorneys

David P Utykanski

Attorney at Harness Dickey & Pierce

5445 Corporate Dr - Ste 400

Troy, MI 48098-2683

George D Moustakas

Attorney at Harness Dickey & Pierce

5445 Corporate Dr - Ste 400

Troy, MI 48098-2683

Jewell Nile Briggs

Attorney at Harness Dickey & Pierce

5445 Corporate Dr - Ste 400

Troy, MI 48098-2683

Michael P Doerr

Attorney at Harness Dickey & Pierce

5445 Corporate Dr - Ste 400

Troy, MI 48098-2683

Michael T Griggs

Attorney at Boyle Fredrickson SC

840 N Plankinton Ave

Milwaukee, WI 53203

Michael Patrick Kella

Attorney at Harness Dickey & Pierce PLC

7700 Bonhomme St - Ste 400

Clayton, MO 63105

Michael A Swift

Attorney at Maginot Moore & Beck LLP

111 Monument Circle - Ste 3250

Indianapolis, IN 46204

Stephanie Lynn Dowdy

Attorney at Harness Dickey & Pierce PLC

2801 Network Blvd - Ste 600

Frisco, TX 75034

Defendant Attorneys

Joshua B Fleming

Attorney at Barnes & Thornburg LLP

1313 Merchants Bank Bldg, 11 S Meridian St

Indianapolis, IN 46204

Kristin Graham Noel

Attorney at Quarles & Brady LLP

33 E Main St - Ste 900

Madison, WI 53703-3095

Martha J Snyder

Attorney at Quarles & Brady LLP

33 E Main St - Ste 900

Madison, WI 53703-3095

Matthew J Duchemin

Attorney at Quarles & Brady LLP

33 E Main St - Ste 900

Madison, WI 53703-3095

Michael T Piery

Attorney at Quarles & Brady LLP

411 E Wisconsin Ave - Ste 2400

Milwaukee, WI 53202

 

Court Documents

#61

(#61) STATUS REPORT (Joint Status Report) by Kohler Co. (Duchemin, Matthew)

59 #1

Text of Proposed Order

#59

(#59) Rule 7(h) Expedited Non-Dispositive MOTION to Stay Schedule Pending Settlement Discussions (Joint Motion) by Kohler Co. (Attachments: #1 Text of Proposed Order)(Snyder, Martha)

#58

(#58) NOTICE of Appearance by Matthew J Duchemin on behalf of Kohler Co. Attorney(s) appearing: Matthew J. Duchemin (Duchemin, Matthew)

#57

RESTRICTED

50 #3

Exhibit B - Proposed Request for International Judicial Assistance - Mr. Hennin

50 #2

Exhibit A - Proposed Request for International Judicial Assistance - Hansgrohe

50 #1

*Restricted*

#50

(#56) Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #50 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)

1 #14

Proposed Summons

1 #11

Exhibit I- '702 claim chart

1 #10

Exhibit H-'079 claim chart

1 #9

Exhibit G-Nelson assignment of 16694479

1 #8

Exhibit F-'217 patent

1 #6

Exhibit D-'702 patent

1 #3

Exhibit C-Assignment of Masco

1 #2

Exhibit B-'079 patent

1 #1

Exhibit A-Kohler store

101 More Documents Available

 

Docket Entries

  • 05/24/2022
  • Docket(#62) TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 5/24/2022. The parties filed a Joint Status Report, indicating that they continue to try to reach a settlement and asking the court to extend the current stay of this case for another 30 days to allow the opportunity for the parties to finalize a settlement. Dkt. No. 61. The court GRANTS the parties' request and ORDERS that pending deadlines set by the court in its September 2, 2021 scheduling order, dkt. no. 54, remain STAYED to allow the parties to continue settlement negotiations. Any party may move to lift the stay and set new deadlines if necessary. The court further ORDERS that if dismissal documents have not been filed by the end of the day on June 24, 2022, the parties shall file another joint report updating the court as to the status of the settlement discussions and the parties' proposed next steps. Note: there is no document associated with this text only order. (cc: all counsel)(cb)

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  • 05/20/2022
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  • Docket(#61) STATUS REPORT (Joint Status Report) by Kohler Co. (Duchemin, Matthew)

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  • 03/22/2022
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  • Docket(#60) TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 3/22/2022 re #59 Joint Civil L.R. 7(h) Expedited Non-Dispositive Motion to Stay Scheduling Pending Settlement Discussions. The court GRANTS the parties' motion and ORDERS that the pending deadlines set by the court in its September 2, 2021 scheduling order, dkt. no. 54, are STAYED to allow the parties to continue to explore the possibility of a settlement in this case. Any party may move to lift the stay and set new deadlines if necessary. The court further ORDERS that if a notice of settlement or dismissal documents have not been filed by the end of the day on May 20, 2022, the parties shall file a joint report updating the court as to the status of settlement discussions and their proposed next steps. Note: there is no document associated with this text only order. (cc: all counsel)(cb)

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  • 03/21/2022
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  • Docket(#59) Rule 7(h) Expedited Non-Dispositive MOTION to Stay Schedule Pending Settlement Discussions (Joint Motion) by Kohler Co. (Attachments: #1 Text of Proposed Order)(Snyder, Martha)

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  • 12/14/2021
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  • Docket(#58) NOTICE of Appearance by Matthew J Duchemin on behalf of Kohler Co. Attorney(s) appearing: Matthew J. Duchemin (Duchemin, Matthew)

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  • 09/07/2021
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  • Docket(#57) Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #50 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)

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  • 09/07/2021
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  • Docket(#56) Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #50 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)

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  • 09/07/2021
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  • Docket(#55) Letters Rogatory Issued signed by Chief Judge Pamela Pepper on 9/7/2021 GRANTING #49 Defendant's Application for the Issuance of Letters of Request to Examine Persons and Inspect Documents Pursuant to the Hague Convention. (NOTICE: Parties allowed to view this document may do so by using their e-filing log-in and password.) (cc: all counsel)(cb)

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  • 09/02/2021
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  • Docket(#54) SCHEDULING ORDER signed by Chief Judge Pamela Pepper on 9/2/2021. See order at 6-7 for schedule. (cc: all counsel)(cb)

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  • 09/01/2021
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  • Docket(#53) TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 09/01/2021 re #48 MOTION to Restrict Document filed by Kohler Co.: The defendant has asked the court to restrict certain documents to be viewed by case participants only, on the basis that the documents have been designated confidential under a protective order. In Baxter Intern. Inc. v. Abbott Laboratories, 297 F.3d 544, 545-47 (7th Cir. 2002) and its progeny, the Seventh Circuit emphasized that documents filed with the court are presumed public and that simply asserting that the document is subject to a protective order, or asserting that the document contains trade secrets or other proprietary or confidential information, is not sufficient justification for a court to grant a motion to seal. Under normal circumstances, the court would require the parties to provide more information about why the documents the defendant seeks to restrict should be treated as confidential. But the defendant represents that the documents have been designated as confidential by a non-party. Given that the documents were produced by a non-party to the litigation, the court will grant the motion to restrict. The court ORDERS that the clerk's office must RESTRICT TO VIEWING BY THE COURT AND CASE PARTICIPANTS ONLY the documents at Dkt. Nos. 49, 50, 51 and 51-8 until further order of the court. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)

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44 More Docket Entries
  • 11/04/2020
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  • Docket(#10) NOTICE of Reassignment of Case to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore. Judge Sarah Evans Barker and Magistrate Judge Matthew P. Brookman are no longer assigned to this case. Please include the new case number, 1:20-cv-2800-TWP-MJD, on all future filings in this matter. (DJH) [Transferred from insd on 1/4/2021.]

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  • 11/04/2020
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  • Docket(#9) ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore for all further proceedings. This case is related to 1:20-cv-02796-TWP-MJD. Judge Sarah Evans Barker and Magistrate Judge Matthew P. Brookman no longer assigned to case. Signed by Judge Sarah Evans Barker on 11/4/2020. (LDH) [Transferred from insd on 1/4/2021.]

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  • 11/03/2020
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  • Docket(#8) NOTICE of Initial Filing in Lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Exhibit Complaint, #2 Exhibits (CKM) [Transferred from insd on 1/4/2021.]

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  • 10/30/2020
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  • Docket(#7) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from insd on 1/4/2021.]

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  • 10/30/2020
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  • Docket(#6) Summons Issued as to KOHLER CO. (REO) [Transferred from insd on 1/4/2021.]

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  • 10/30/2020
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  • Docket(#5) Submission of Corrected Complaint, filed by Plaintiff DELTA FAUCET COMPANY, an Indiana Corporation. (Swift, Michael) [Transferred from insd on 1/4/2021.]

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  • 10/29/2020
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  • Docket(#4) NOTICE of Related Cases, filed by Plaintiff DELTA FAUCET COMPANY, an Indiana Corporation (Swift, Michael) [Transferred from insd on 1/4/2021.]

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  • 10/29/2020
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  • Docket(#3) Corporate Disclosure Statement by DELTA FAUCET COMPANY, an Indiana Corporation. (Swift, Michael) [Transferred from insd on 1/4/2021.]

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  • 10/29/2020
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  • Docket(#2) NOTICE of Appearance by Michael A. Swift on behalf of Plaintiff DELTA FAUCET COMPANY, an Indiana Corporation. (Swift, Michael) [Transferred from insd on 1/4/2021.]

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  • 10/29/2020
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  • Docket(#1) COMPLAINT against KOHLER CO., filed by DELTA FAUCET COMPANY, an Indiana Corporation. (Filing fee $400, receipt number 0756-6250559) (Attachments: #1 Exhibit A-Kohler store, #2 Exhibit B-'079 patent, #3 Exhibit C-Assignment of Masco, #4 Exhibit C-2 McGuire Assignment, #5 Exhibit C-3 Nelson Assignment, #6 Exhibit D-'702 patent, #7 Exhibit E-Nelson assignment of 16694487, #8 Exhibit F-'217 patent, #9 Exhibit G-Nelson assignment of 16694479, #10 Exhibit H-'079 claim chart, #11 Exhibit I- '702 claim chart, #12 Exhibit J-'217 claim chart, #13 Civil Cover Sheet, #14 Proposed Summons)(Swift, Michael) [Transferred from insd on 1/4/2021.]

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