Smart Parts Patent Will Destroy Paintball! - Read!

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  • poolshark5226
    Just Ask the Axis
    • Sep 2002
    • 917

    #541
    The whole post from "this was taken from DOc Kickel's site and is not confirmed." on was quoted from a post on Doc's site. SHouldve made that clearer I guess
    It's Bold As Love

    Comment

    • shartley
      paintball player
      • Mar 2001
      • 9169

      #542
      Originally posted by Albinonewt
      The simple thing Shartley is that this is a big deal no matter what. Whether Smart Parts wins or loses every company now has to prepare for the possibility of them winning. As Tom already said, they have been working on the ULE in preparation for this, and I doubt their the only ones. Now that this is (apparently) really picking up steam various companies are going to have to rethink their entire strategy to compensate for a possible SP win. Waiting for all the facts to come in simply isn't an option when dealing with the solvency of your company. They will plan and adjust, to varying degrees, in case Smart Parts wins. Plan for the worst and hope for the best.

      BTW - that hardly means the industry will collapse, it actually means just the opposite. When this is all over (provided the proper planning and insight is applied) I expect the industry will, for the most part, survive and thrive.
      Originally posted by Albinonewt


      No more of that Uranium gate nonsense.

      Being wrong doesn't always mean lying. They could simply have been misinformed, or have drawn incorrect conclusions.
      Also VERY true.

      www.ShartleyCustoms.com
      Custom Paintball Products and Accessories
      CLICK HERE to Check out our PDU SERIES GEAR!


      its more like a paper cut that has primadonna's yelling murder... - Glickman

      Comment

      • fenris69
        Registered User
        • May 2001
        • 481

        #543
        quit making sense, it's not welcome here!


        all that you just wrote is damned obvious for a lot of ppl I'd assume(perhaps not...) but individuals will want to scream about it anyway, let em. IF some of them get together and do something (I signed that online petition just for the hell of it) then great, but does it matter? disregard that... no more rhetorical statements from me :P

        Comment

        • rjcpaintball
          Registered User
          • Jul 2003
          • 3

          #544
          Be smarter than smart parts

          Well first off e-markers are **POOF**...period. Why the hell do you need to throw that much paint anyways? With that said.

          If it were me, and by all means I am not a master businessman since I haven't made my millions yet, but I would stop making on/off switches then. **POOF**

          Take out a patent for a different kind of switch. Be "smart parts" about it. Call it something else. Like alive and dead. Something like that. Or take a patent for a 3 setting switch. On, off, temporary. Just something ambiguous that doesn't do anything really. It's then technically a different product.

          Besides, the Chinese will end up making everything eventually...didn't you know?

          Peace everyone....and my Piranha rocks!

          Your new so this is only a warning, we don't swear around here in any way shape or form.
          Last edited by AGD; 07-24-2003, 01:48 PM.

          Comment

          • Evil Bob
            Evil Overlord
            • Jul 2001
            • 1217

            #545
            H&K G11 is another electronicly fired weapon.

            -Evil Bob

            Comment

            • 1stdeadeye
              Still around????
              • Jun 2002
              • 8501

              #546
              OMG!

              Originally posted by Evil Bob
              H&K G11 is another electronicly fired weapon.

              -Evil Bob
              Oh my god! That gun looks just like a Cylone's from BattleStar Gallactica. *shows my age*

              BTW, anyone see the previews for the new Battlestar Gallatica yet? Coming Dec 2003 to SciFi!

              Comment

              • rjcpaintball
                Registered User
                • Jul 2003
                • 3

                #547
                Oh hell yeah I saw those previews too. That new show looks AWWWWESOME!!!! Starbuck was the pimp daddy before he was on A-Team. BTW I am 28. I would love for a new Buck Rogers too.

                Comment

                • Ov3rmind
                  Speechless
                  • Nov 2001
                  • 2637

                  #548
                  Re: Be smarter than smart parts

                  Originally posted by rjcpaintball
                  Well first off e-markers are gay...period. Why the hell do you need to throw that much paint anyways? With that said.

                  If it were me, and by all means I am not a master businessman since I haven't made my millions yet, but I would stop making on/off switches then. F-it! F smart parts then. I wouldn't pay them sh&t.

                  Take out a patent for a different kind of switch. Be "smart parts" about it. Call it something else. Like alive and dead. Something like that. Or take a patent for a 3 setting switch. On, off, temporary. Just something ambiguous that doesn't do anything really. It's then technically a different product.

                  Besides, the Chinese will end up making everything eventually...didn't you know?

                  Peace everyone....and my Piranha rocks!
                  You've never played a tournament.... period. The ROF is extremely useful in certain situations, and it also allows for the use of ACEs and a few other neato inventions. You also did an excellent job making yourself sound ignorant on top of avoiding the swear filter.
                  Converge Kills

                  Comment

                  • rjcpaintball
                    Registered User
                    • Jul 2003
                    • 3

                    #549
                    I do believe my statement was an opinion so I don't see how that could be construed as ignorance. And because you believe I haven't played tournament ball I must be ignorant. That's an interesting assumption on your part...when in fact I have a genious IQ. Interesting. In what situation would it not be more advantagous to hurl 15+ balls a second, aside from the fact that you have only <15 balls in your hopper? Anyways, I'm not getting into a flame war I have more important things to do. Later bater.

                    Comment

                    • bertmcmahan
                      Not pop, it's all Coke
                      • Jan 2002
                      • 1960

                      #550
                      Could someone please tell me what exactly the new patent says? Cause all i heard of was a "switch" thing and now Im all curious about it. Thanks!
                      Bert
                      AIM-bertmcmahan
                      My email:[email protected]
                      My feedback thread
                      Good traders: richie,Roguefactor,moufo48,845,brtncstm160,vf-xx

                      Mags don't shoot darts... they shoot nails.
                      I used to be bertmcmahan, that I did.

                      Comment

                      • icegod
                        Registered User
                        • Jul 2003
                        • 27

                        #551
                        Originally posted by rjcpaintball
                        I do believe my statement was an opinion so I don't see how that could be construed as ignorance. And because you believe I haven't played tournament ball I must be ignorant. That's an interesting assumption on your part...when in fact I have a genious IQ. Interesting. In what situation would it not be more advantagous to hurl 15+ balls a second, aside from the fact that you have only <15 balls in your hopper? Anyways, I'm not getting into a flame war I have more important things to do. Later bater.
                        Not flaming, however due to the inaccuracies of paintballs, and the ease of outside forces (wind etc) its a proven fact that the best way for elimination is accuracy by volume. take a guy at 50 yards. wide open do you have a better chance of hitting him first shooting 15bps or 5bps? (please don't make a comment about accuracy bc its paint to barrel match and consistancy so all markers set up right are just as accurate, or should i say inaccurate because the ball is so easily influenced.)

                        Also e-markers, with the exception of a couple, are also more simplistic in maintenence. Most require 4 drops of oil in a couple given places, where nothing has to be broken down or unscrewed to oil and maintence.

                        Those are just 2 MAIN reasons. Maintence and ROF... which rof is definately a plus when playing major tournament circuits.

                        Comment

                        • Ov3rmind
                          Speechless
                          • Nov 2001
                          • 2637

                          #552
                          Originally posted by rjcpaintball
                          I do believe my statement was an opinion so I don't see how that could be construed as ignorance. And because you believe I haven't played tournament ball I must be ignorant. That's an interesting assumption on your part...when in fact I have a genious IQ. Interesting. In what situation would it not be more advantagous to hurl 15+ balls a second, aside from the fact that you have only <15 balls in your hopper? Anyways, I'm not getting into a flame war I have more important things to do. Later bater.
                          You said some blatant blanket statements about e-markers in a derogatory way. I have every right to reply back and state my opinion, and yes, you may not understand the importance of ROF if you haven't played tourney ball. You need a fast gun to cover your front players going to the 50, you also need a fast gun to cut down runners (the simple fact of the matter, trailing them with shots doesn't work). Electronic guns can also use ACEs, and chopping a ball during an important game can ruin an entire game in many situations. And I don't know how you play, but I always have >15 balls in my hopper, last I checked mine can hold 185. I would have expected more from someone with a genius IQ, no offense.
                          Converge Kills

                          Comment

                          • SLICEnDICE
                            Tech Head
                            • Dec 2001
                            • 126

                            #553
                            Court Records

                            Has anyone thought of looking into the court records in either the home district of ICD or SP to see what was really filled in court(they had to file in one of these places) and what was really said in court by the lawyers. That would help put an end to a lot of hear say for the moment and answer some of the many questions that the public has. It would help sort out the truth from the BS, (what they want you to know and what they tell you). Rember court records are PUBLIC DOMAIN. Lets use our heads and our combined skills to get to the bottom of this situation. My 2 cents.
                            No hype, No BS, just the truth.

                            RT#00163

                            SLICEnDICE's stuff for sale
                            SLICEnDICE's feedback




                            Comment

                            • Recon by Fire
                              Enimo Et Fide
                              • Mar 2003
                              • 1706

                              #554
                              This stuff is nothing new, like I have been saying.... Smart parts furst filed patent infringement cases in 1995. It is 8 years since then and paintball has not gone the way of the dinosaur yet. If you look at the dockets, you see that these cases are not conclusive giving either party everything they want and some were even settled out of court. The latest cases against Indian Creek Design were not availble online.

                              Here is a current listing from U.S. District Courts (Federal):

                              ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++

                              Name Court Case No. Filed NOS Closed
                              1 SMART PARTS INC ordce 3:2002cv01557 11/15/2002 830
                              SMART PARTS INC vs. WDP LTD
                              2 SMART PARTS, INC pawdc 2:1997cv01425 08/05/1997 830 12/19/1997
                              SMART PARTS, INC vs. WDP, LTD.
                              3 SMART PARTS, INC. pawdc 2:1995cv00839 05/31/1995 830 03/27/1996
                              SMART PARTS, INC. vs. BARRELS OF AMERICA
                              4 SMART PARTS, INC. flmdc 6:2000mc00102 10/12/2000 890 10/12/2000
                              SMART PARTS, INC. vs. INDIAN CREEK DESIGN
                              5 SMART PARTS, INC. pawdc 2:2000cv01482 08/01/2000 830
                              SMART PARTS, INC. vs. INDIAN CREEK DESIGN
                              6 SMART PARTS, INC. ordce 3:2002cv00843 06/21/2002 830 08/21/2002
                              SMART PARTS, INC. vs. USA AIR CONCEPTS, INC.
                              7 SMART PARTS, INC. ordce 3:2002cv01498 11/05/2002 830
                              SMART PARTS, INC. vs. INDIAN CREEK DESIGNS, INC.

                              ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++

                              Here is a docket sheet from CA. 2:00cv1482. I was not able to retrieve the plaintiff's petition online.

                              ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++

                              U.S. District Court

                              Western District of Pennsylvania (Pittsburgh)

                              CIVIL DOCKET FOR CASE #: 00-CV-1482

                              SMART PARTS, INC. v. INDIAN CREEK DESIGN, et al

                              Filed: 08/01/00
                              Assigned to: Judge Terrence F. McVerry
                              Jury demand: Both
                              Referred to: Mag. Judge Ila Jeanne Sensenich
                              Demand: $0,000
                              Nature of Suit: 830
                              Lead Docket: None
                              Jurisdiction: Federal Question
                              Dkt# in other court: None
                              Cause: 35:271 Patent Infringement



                              --------------------------------------------------------------------------------



                              SMART PARTS, INC., a Samuel W. Braver
                              Pennsylvania Corporation 562-8939
                              plaintiff [COR LD NTC]
                              Michael L. Dever
                              562-1637
                              [COR]
                              Buchanan Ingersoll
                              301 Grant Street
                              One Oxford Centre, 20th Floor
                              Pittsburgh, PA 15219
                              (412) 562-8800

                              Craig R. Rogers
                              [COR LD NTC]
                              Alan T. McCollom
                              [COR LD NTC]
                              Joseph S. Makuch
                              [COR LD NTC]
                              Marger, Johnson & McCollom
                              1030 SW Morrison Street
                              Portland, OR 97205
                              (503) 222-3613

                              v.

                              INDIAN CREEK DESIGN,INC, an Michael J. Bruzzese
                              Idaho Corporation [COR LD NTC]
                              defendant 307 Fourth Avenue
                              Suite 603, The Bank Tower
                              Pittsburgh, PA 15222
                              (412) 281-8676

                              Ken J. Pedersen
                              [COR LD NTC]
                              Pedersen & Company
                              1410 North 28th Street

                              P.O. Box 2666
                              Boise, ID 83701
                              (208) 343-6355

                              JERRY DOBBINS, an Individual Michael J. Bruzzese
                              defendant [term 10/12/00]
                              [term 10/12/00] (See above)
                              [COR LD NTC]

                              Ken J. Pedersen
                              [term 10/12/00]
                              (See above)
                              [COR]





                              --------------------------------------------------------------------------------


                              DOCKET PROCEEDINGS


                              --------------------------------------------------------------------------------

                              DATE # DOCKET ENTRY



                              8/1/00 1 COMPLAINT with summons issued; jury demand Filing Fee $
                              150.00 Receipt # 7878 (aen) [Entry date 08/02/00]

                              8/1/00 -- COPY of complaint and Docket entries mailed to Commissioner
                              of Patents, Washington D.C. (aen) [Entry date 08/02/00]

                              8/2/00 2 DISCLOSURE statement by SMART PARTS, INC. (aen)
                              [Entry date 08/02/00]

                              8/8/00 3 ORDER REFERRING CASE to Mag. Judge Ila J. Sensenich (
                              signed by Judge Robert J. Cindrich on 8/8/00 ) CM all
                              parties of record. (aen) [Entry date 08/08/00]

                              8/29/00 4 RETURN OF SERVICE executed as to INDIAN CREEK DESIGN, JERRY
                              DOBBINS 8/21/00 Answer due on 9/10/00 for INDIAN CREEK
                              DESIGN, for JERRY DOBBINS (emc) [Entry date 08/29/00]

                              9/11/00 5 MOTION by JERRY DOBBINS to Dismiss with Proposed Order.
                              (Attorney: Michael J. Bruzzese) (aen) [Entry date 09/11/00]

                              9/11/00 6 BRIEF by JERRY DOBBINS in support of [5-1] motion to
                              Dismiss by JERRY DOBBINS (aen) [Entry date 09/11/00]

                              9/11/00 7 ANSWER to Complaint; jury demand and COUNTERCLAIM by JERRY
                              DOBBINS against INDIAN CREEK DESIGN (aen)
                              [Entry date 09/11/00]

                              9/19/00 8 ORDER, Response to Motion set to 10/10/00 for [5-1] motion
                              to Dismiss ( signed by Mag. Judge Ila J. Sensenich on
                              9/19/00 ) CM all parties of record. (aen)
                              [Entry date 09/19/00]

                              9/26/00 9 MOTION by INDIAN CREEK DESIGN, JERRY DOBBINS for Ken J.
                              Pedersen to Appear Pro Hac Vice Filing Fee $ 40.00
                              Receipt # 8759 with Proposed Order. (aen)
                              [Entry date 09/27/00]

                              10/2/00 10 ANSWER by SMART PARTS, INC. to [7-2] counter claim by
                              JERRY DOBBINS (aen) [Entry date 10/03/00]

                              10/3/00 -- ORDER upon motion granting [9-1] motion for Ken J. Pedersen
                              to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt # 8759
                              ( signed by Judge Robert J. Cindrich on 10/2/00 ) CM all
                              parties of record. (aen) [Entry date 10/03/00]

                              10/6/00 11 MOTION by SMART PARTS, INC. for Craig R. Rogers to Appear
                              Pro Hac Vice Filing Fee $ 40.00 Receipt # 129 with
                              Proposed Order. (aen) [Entry date 10/10/00]

                              10/6/00 12 MOTION by SMART PARTS, INC. for Alan T. McCollom to Appear
                              Pro Hac Vice Filing Fee $ 40.00 Receipt # 129 with
                              Proposed Order. (aen) [Entry date 10/10/00]

                              10/6/00 13 MOTION by SMART PARTS, INC. for Joseph S. Makuch to Appear
                              Pro Hac Vice Filing Fee $ 40.00 Receipt # 129 with
                              Proposed Order. (aen) [Entry date 10/10/00]

                              10/10/00 14 Stipulation by SMART PARTS, INC., INDIAN CREEK DESIGN,
                              JERRY DOBBINS Dismissing Jerry Dobbins with leave to amend
                              Complaint following Discovery with proposed order. (aen)
                              [Entry date 10/10/00]

                              10/12/00 -- ORDER upon motion granting [14-1] stipulation Dismissing
                              Jerry Dobbins with leave to amend Complaint following
                              Discovery ( signed by Judge Robert J. Cindrich on
                              10/12/00 ) CM all parties of record. (aen)
                              [Entry date 10/12/00]

                              11/7/00 15 ORDER, Rule 16.1 Conference Deadline set for 11:30
                              11/21/00 ( signed by Mag. Judge Ila J. Sensenich on
                              11/7/00 ) CM all parties of record. (aen)
                              [Entry date 11/07/00]

                              11/13/00 16 MOTION by SMART PARTS, INC. for Leave to File First
                              Amended Complaint with Proposed Order. (aen)
                              [Entry date 11/13/00]

                              11/21/00 17 MOTION by INDIAN CREEK DESIGN for partial Summary
                              Judgment with Proposed Order. (aen) [Entry date 11/21/00]

                              11/21/00 18 CASE MANAGEMENT ORDER setting Discovery cutoff on 4/23/01 ;
                              Pretrial Statements for Plaintiffs due 5/14/01 ; Pretrial
                              Statements for Defendants due 6/4/01 ; Pretrial Stipulation
                              due 7/20/01 ; Joining of parties amending of pleadings by
                              12/21/00 ; Motion Filing deadline due 7/30/01 ; ( signed
                              by Mag. Judge Ila J. Sensenich on 11/21/00 ) CM all
                              parties of record. (aen) [Entry date 11/21/00]

                              11/21/00 -- CASE DESIGNATED to Track 2. (aen) [Entry date 11/21/00]

                              11/21/00 -- ORDER upon motion granting [16-1] motion for Leave to File
                              First Amended Complaint as attached to this motion. (
                              signed by Mag. Judge Ila J. Sensenich on 11/21/00 ) CM all
                              parties of record. (aen) [Entry date 11/21/00]

                              11/21/00 -- AMENDED COMPLAINT by SMART PARTS, INC. (Answer due 12/5/00
                              for INDIAN CREEK DESIGN ) amending [1-1] complaint ( WITH
                              DOC # 16 ) (aen) [Entry date 11/21/00]

                              11/21/00 19 Rule 16 conference held on 11/21/00 Pltf to respond to
                              defts motion for summary judgment by 1/1901 reply due
                              2/20/01 before Mag. Judge Ila J. Sensenich [ Reporter: None
                              ] (aen) [Entry date 11/21/00]

                              11/22/00 20 STATEMENT OF MATERIAL FACTS by INDIAN CREEK DESIGN (aen)
                              [Entry date 11/22/00]

                              11/22/00 21 BRIEF by INDIAN CREEK DESIGN in support of [17-1] motion
                              for partial Summary Judgment by INDIAN CREEK DESIGN (aen)
                              [Entry date 11/22/00]

                              11/27/00 22 NOTICE of Attorney Appearance for INDIAN CREEK DESIGN by
                              Michael J. Bruzzese (aen) [Entry date 11/27/00]

                              11/27/00 23 DECLARATION by INDIAN CREEK DESIGN by Ken J. Pedersen Re:
                              [17-1] motion for partial Summary Judgment by INDIAN CREEK
                              DESIGN (aen) [Entry date 11/27/00]

                              12/11/00 24 DECLARATION Jerry Dobbins Re: in support of Defts motion
                              for partial summary judgment. (aen) [Entry date 12/11/00]

                              12/18/00 25 MOTION by SMART PARTS, INC. to Compel Discovery, to test
                              sufficiency of answers and objections with Proposed Order.
                              (aen) [Entry date 12/18/00]

                              12/18/00 -- MOTION by SMART PARTS, INC. for Protective Order with
                              Proposed Order. ( With Doc # 25 ) (aen)
                              [Entry date 12/18/00]

                              12/18/00 26 BRIEF by SMART PARTS, INC. in support of [0-1] motion for
                              Protective Order by SMART PARTS, INC., [25-1] motion to
                              Compel Discovery, to test sufficiency of answers and
                              objections by SMART PARTS, INC. (aen) [Entry date 12/18/00]

                              12/18/00 27 DECLARATION by SMART PARTS, INC. by Craig R. Rogers Re:
                              [0-1] motion for Protective Order by SMART PARTS, INC.,
                              [25-1] motion to Compel Discovery, to test sufficiency of
                              answers and objections by SMART PARTS, INC. (aen)
                              [Entry date 12/18/00]

                              12/18/00 28 MOTION by SMART PARTS, INC. for Leave to File Second
                              Amended Complaint with Proposed Order. (aen)
                              [Entry date 12/18/00]

                              12/18/00 29 LOCAL RULE 7.1 certificate by SMART PARTS, INC. (aen)
                              [Entry date 12/18/00]

                              12/21/00 30 MOTION by INDIAN CREEK DESIGN for Protective Order, and
                              to Stay Discovery with Proposed Order. (ces)
                              [Entry date 12/22/00]

                              12/21/00 31 MOTION by INDIAN CREEK DESIGN to Bifurcate Proceedings
                              with Proposed Order. (ces) [Entry date 12/22/00]

                              12/21/00 32 ANSWER by INDIAN CREEK DESIGN to amended complaint; jury
                              demand (ces) [Entry date 12/22/00]

                              12/21/00 -- COUNTERCLAIM by INDIAN CREEK DESIGN against SMART PARTS,
                              INC. (with 32) (ces) [Entry date 12/22/00]

                              12/21/00 33 DECLARATION by INDIAN CREEK DESIGN of Michael J. Bruzzese
                              Re: [30-1] motion for Protective Order by INDIAN CREEK
                              DESIGN, [30-2] motion to Stay Discovery by INDIAN CREEK
                              DESIGN (ces) [Entry date 12/22/00]

                              12/21/00 34 BRIEF by INDIAN CREEK DESIGN in support of [31-1] motion
                              to Bifurcate Proceedings by INDIAN CREEK DESIGN (ces)
                              [Entry date 12/22/00]

                              12/21/00 35 BRIEF by INDIAN CREEK DESIGN in support of [30-1] motion
                              for Protective Order by INDIAN CREEK DESIGN, [30-2] motion
                              to Stay Discovery by INDIAN CREEK DESIGN (ces)
                              [Entry date 12/22/00]

                              12/21/00 36 LOCAL RULE 7.1 certificate by INDIAN CREEK DESIGN (ces)
                              [Entry date 12/22/00]

                              12/28/00 37 MOTION by INDIAN CREEK DESIGN to Extend Time in which to
                              respond to the pltf's motions to compel and to file second
                              amended complaint, with Proposed Order. (tt)
                              [Entry date 12/28/00]

                              1/10/01 38 RESPONSE by SMART PARTS, INC. in opposition to [30-1]
                              motion for Protective Order by INDIAN CREEK DESIGN, [30-2]
                              motion to Stay Discovery by INDIAN CREEK DESIGN (aen)
                              [Entry date 01/10/01]

                              1/10/01 39 RESPONSE by SMART PARTS, INC. in opposition to [37-1]
                              motion to Extend Time in which to respond to the pltf's
                              motions to compel and to file second amended complaint by
                              INDIAN CREEK DESIGN (aen) [Entry date 01/10/01]

                              1/10/01 40 ANSWER by SMART PARTS, INC. to [0-1] counter claim by
                              INDIAN CREEK DESIGN (aen) [Entry date 01/10/01]

                              1/10/01 41 MOTION by SMART PARTS, INC. for expedited Hearing on
                              discovery motions with Proposed Order. (aen)
                              [Entry date 01/10/01]

                              1/10/01 42 MOTION by SMART PARTS, INC. to Compel discovery with
                              Proposed Order. (aen) [Entry date 01/10/01]

                              1/10/01 43 BRIEF by SMART PARTS, INC. in support of [42-1] motion to
                              Compel discovery by SMART PARTS, INC. (aen)
                              [Entry date 01/10/01]

                              1/10/01 44 RESPONSE by SMART PARTS, INC. in opposition to [31-1]
                              motion to Bifurcate Proceedings by INDIAN CREEK DESIGN (aen)
                              [Entry date 01/11/01]

                              1/12/01 -- ORDER upon motion granting [37-1] motion to Extend Time in
                              which to respond to the pltf's motions to compel and to
                              file second amended complaint, Response to Motion set to
                              1/16/01 for [42-1] motion to Compel discovery ( signed by
                              Mag. Judge Ila J. Sensenich on 1/12/01 ) CM all parties of
                              record. (aen) [Entry date 01/12/01]

                              1/12/01 -- ORDER upon motion granting [41-1] motion for expedited
                              Hearing on discovery motions, Motion Hearing set for 2:00
                              1/31/01 for [42-1] motion to Compel discovery, set for 2:00
                              1/31/01 for [30-2] motion to Stay Discovery, set for 2:00
                              1/31/01 for [25-1] motion to Compel Discovery, to test
                              sufficiency of answers and objections ( signed by Mag.
                              Judge Ila J. Sensenich on 1/12/01 ) CM all parties of
                              record. (aen) [Entry date 01/12/01]

                              1/16/01 45 RESPONSE by INDIAN CREEK DESIGN in opposition to [28-1]
                              motion for Leave to File Second Amended Complaint by SMART
                              PARTS, INC. (aen) [Entry date 01/16/01]

                              1/16/01 46 MOTION by INDIAN CREEK DESIGN for expedited Hearing on
                              motion to Bifurcate with Proposed Order. (aen)
                              [Entry date 01/16/01]

                              1/16/01 47 BRIEF by INDIAN CREEK DESIGN in opposition to [42-1]
                              motion to Compel discovery by SMART PARTS, INC. (aen)
                              [Entry date 01/16/01]

                              1/18/01 48 STATEMENT OF MATERIAL FACTS by SMART PARTS, INC. (aen)
                              [Entry date 01/18/01]

                              1/18/01 49 MOTION by SMART PARTS, INC. for Partial Summary Judgment
                              with Proposed Order. (aen) [Entry date 01/18/01]

                              1/18/01 50 BRIEF by SMART PARTS, INC. in opposition to [17-1] motion
                              for partial Summary Judgment by INDIAN CREEK DESIGN (aen)
                              [Entry date 01/18/01]

                              1/18/01 -- BRIEF by SMART PARTS, INC. in support of [49-1] motion for
                              Partial Summary Judgment by SMART PARTS, INC. ( With Doc
                              50 ) (aen) [Entry date 01/18/01]

                              1/18/01 51 DECLARATION by SMART PARTS, INC. William Gardner Jr. Re:
                              [50-1] brief in opposition by SMART PARTS, INC., [49-1]
                              motion for Partial Summary Judgment by SMART PARTS, INC.
                              (aen) [Entry date 01/18/01]

                              1/29/01 52 RESPONSE by INDIAN CREEK DESIGN in opposition to [42-1]
                              motion to Compel discovery by SMART PARTS, INC. (aen)
                              [Entry date 01/30/01]

                              1/30/01 53 MOTION by SMART PARTS, INC. for Hearing on motion to
                              Bifurcate (aen) [Entry date 01/30/01]

                              2/1/01 54 Hearing on Motion held re: Discovery Motions and motion to
                              file second amended complaint, before Magistrate Judge
                              Sensenich. [ Reporter: None] (aen) [Entry date 02/01/01]

                              2/1/01 55 PROTECTIVE ORDER dated 1/31/01 ( signed by Mag. Judge Ila
                              J. Sensenich on 1/31/01 ) CM all parties of record. (aen)
                              [Entry date 02/01/01]

                              2/1/01 -- ORDER upon motion granting [42-1] motion to Compel
                              discovery ( signed by Mag. Judge Ila J. Sensenich on
                              1/31/01 ) CM all parties of record. (aen)
                              [Entry date 02/01/01]

                              2/1/01 -- ORDER upon motion denying [30-1] motion for Protective
                              Order, denying [30-2] motion to Stay Discovery ( signed by
                              Mag. Judge Ila J. Sensenich on 1/31/01 ) CM all parties of
                              record. (aen) [Entry date 02/01/01]

                              2/1/01 -- ORDER upon motion granting [25-1] motion to Compel
                              Discovery, to test sufficiency of answers and objections (
                              signed by Mag. Judge Ila J. Sensenich on 1/31/01 ) CM all
                              parties of record. (aen) [Entry date 02/01/01]

                              2/1/01 -- ORDER upon motion granting [28-1] motion for Leave to File
                              Second Amended Complaint as attached to this motion. (
                              signed by Mag. Judge Ila J. Sensenich on 1/31/01 ) CM all
                              parties of record. (aen) [Entry date 02/01/01]

                              2/1/01 -- SECOND AMENDED COMPLAINT by SMART PARTS, INC. (Answer due
                              2/15/01 for JERRY DOBBINS, for INDIAN CREEK DESIGN )
                              amending [0-1] amended complaint by SMART PARTS, INC. (
                              With Doc # 28 ) (aen) [Entry date 02/01/01]

                              2/7/01 56 ORDER, Response to Motion set to 2/27/01 for [49-1] motion
                              for Partial Summary Judgment ( signed by Mag. Judge Ila
                              J. Sensenich on 2/7/01 ) CM all parties of record. (aen)
                              [Entry date 02/07/01]

                              2/9/01 57 MOTION by SMART PARTS, INC. for Reconsideration of Denial
                              of Request for Expenses with Proposed Order. (aen)
                              [Entry date 02/12/01]

                              2/9/01 58 BRIEF by SMART PARTS, INC. in support of [57-1] motion for
                              Reconsideration of Denial of Request for Expenses by SMART
                              PARTS, INC. (aen) [Entry date 02/12/01]

                              2/20/01 59 BRIEF by INDIAN CREEK DESIGN in opposition to [57-1]
                              motion for Reconsideration of Denial of Request for
                              Expenses by SMART PARTS, INC. (aen) [Entry date 02/21/01]

                              2/20/01 60 REPLY BRIEF by INDIAN CREEK DESIGN to [50-1] brief in
                              opposition by SMART PARTS, INC. (aen) [Entry date 02/21/01]

                              2/27/01 61 RESPONSE by INDIAN CREEK DESIGN in opposition to [49-1]
                              motion for Partial Summary Judgment by SMART PARTS, INC.
                              (aen) [Entry date 02/28/01]

                              2/27/01 62 DECLARATION by INDIAN CREEK DESIGN Jerry Dobbins Re: [61-1]
                              opposition response by INDIAN CREEK DESIGN (aen)
                              [Entry date 02/28/01]

                              3/1/01 63 ANSWER by INDIAN CREEK DESIGN, JERRY DOBBINS to Second
                              amended complaint; jury demand (aen) [Entry date 03/02/01]

                              3/1/01 -- COUNTERCLAIM by INDIAN CREEK DESIGN, JERRY DOBBINS against
                              SMART PARTS, INC. ( With Doc # 63 ) (aen)
                              [Entry date 03/02/01]

                              3/7/01 -- ORDER upon motion denying pltf's [57-1] motion for
                              Reconsideration of Denial of Request for Expenses. ( signed
                              by Mag. Judge Ila J. Sensenich on 3/6/01 ) CM all parties
                              of record. (tt) [Entry date 03/07/01]

                              3/20/01 64 ANSWER by SMART PARTS, INC. to [0-1] counter claim by
                              JERRY DOBBINS, INDIAN CREEK DESIGN (aen)
                              [Entry date 03/20/01]

                              4/3/01 -- ORDER upon motion granting [11-1] motion for Craig R.
                              Rogers to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt
                              # 129 ( signed by Judge Robert J. Cindrich on 4/3/01 ) CM
                              all parties of record. (aen) [Entry date 04/03/01]

                              4/3/01 -- ORDER upon motion granting [12-1] motion for Alan T.
                              McCollom to Appear Pro Hac Vice Filing Fee $ 40.00
                              Receipt # 129 ( signed by Judge Robert J. Cindrich on
                              4/3/01 ) CM all parties of record. (aen)
                              [Entry date 04/03/01]

                              4/3/01 -- ORDER upon motion granting [13-1] motion for Joseph S.
                              Makuch to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt
                              # 129 ( signed by Judge Robert J. Cindrich on 4/3/01 ) CM
                              all parties of record. (aen) [Entry date 04/03/01]

                              4/10/01 65 MOTION by SMART PARTS, INC. for Protective Order with
                              Proposed Order. (jsp) [Entry date 04/11/01]

                              4/12/01 66 MOTION by INDIAN CREEK DESIGN to Strike [65-1] motion for
                              Protective Order by SMART PARTS, INC. with Proposed Order.
                              (aen) [Entry date 04/12/01]

                              4/12/01 -- RESPONSE by INDIAN CREEK DESIGN to [65-1] motion for
                              Protective Order by SMART PARTS, INC. ( With Doc # 66 )
                              (aen) [Entry date 04/12/01]

                              4/13/01 67 ERRATA SHEET to [65-1] motion for Protective Order by SMART
                              PARTS, INC. (aen) [Entry date 04/13/01]

                              4/13/01 -- ORDER upon motion dismissing [65-1] motion for Protective
                              Order ( signed by Mag. Judge Ila J. Sensenich on 4/13/01
                              ) CM all parties of record. (aen) [Entry date 04/13/01]

                              4/13/01 68 Hearing on Motion held re: [65-1] motion for Protective
                              Order by SMART PARTS, INC. [ Reporter: None] (aen)
                              [Entry date 04/13/01]

                              4/13/01 -- ORDER upon motion denying [66-1] motion to Strike [65-1]
                              motion for Protective Order by SMART PARTS, INC. ( signed
                              by Mag. Judge Ila J. Sensenich on 4/13/01 ) CM all parties
                              of record. (aen) [Entry date 04/13/01]

                              4/13/01 69 WITHDRAWL of motion for Protective Order filed by the Pltf.
                              (aen) [Entry date 04/16/01]

                              4/17/01 70 ORDER dated 4/16/01 that the Court will provide both sides
                              with the opportunity to select another judge pursuant to AO
                              20 procedures and the AO 20 letter will be distributed by
                              the Clerk of Court Forthwith. ( signed by Judge Robert J.
                              Cindrich on 4/16/01 ) CM all parties of record. (aen)
                              [Entry date 04/17/01]

                              4/30/01 71 Stipulation by SMART PARTS, INC., INDIAN CREEK DESIGN to
                              Amend [18-1] case mangement order with proposed order. (aen)
                              [Entry date 04/30/01]

                              5/8/01 -- ORDER upon motion granting [71-1] stipulation to Amend
                              [18-1] case mangement order, to reset Case Management
                              Order Deadlines: Discovery cutoff to 4/24/01 ; Pretrial
                              Statements for Plaintiffs due 6/4/01 ; Pretrial Statements
                              for Defendants due 6/25/01 ; ( signed by Mag. Judge Ila
                              J. Sensenich on 5/8/01 ) CM all parties of record. (aen)
                              [Entry date 05/09/01]

                              6/4/01 72 PRETRIAL STATEMENT by SMART PARTS, INC. (aen)
                              [Entry date 06/05/01]

                              6/25/01 73 PRETRIAL STATEMENT by INDIAN CREEK DESIGN, JERRY DOBBINS
                              (aen) [Entry date 06/26/01]

                              7/2/01 74 RULE 20 ADVISORY OPINION from Clerk of Court to all counsel
                              of record. (aen) [Entry date 07/02/01]

                              7/6/01 75 Stipulation by SMART PARTS, INC., INDIAN CREEK DESIGN to
                              revise case management order with proposed order. (aen)
                              [Entry date 07/06/01]

                              7/11/01 76 MOTION by INDIAN CREEK DESIGN for Leave to File Amended
                              Declaration of Jerry Dobbins in support of Defts opposition
                              to Pltfs motion for Summary Judgment with Proposed Order.
                              (aen) [Entry date 07/11/01]

                              7/11/01 -- ORDER upon motion granting [75-1] stipulation to revise
                              case management order, to reset Case Management Order
                              Deadlines: Expert Witness Qualifications due 7/25/01 ; (
                              signed by Mag. Judge Ila J. Sensenich on 7/10/01 ) CM all
                              parties of record. (aen) [Entry date 07/11/01]

                              7/13/01 77 REPORT AND RECOMMENDATION of Mag. Judge Ila J. Sensenich
                              signed on 7/13/01 Recommending that [49-1] motion for
                              Partial Summary Judgment be denied, [17-1] motion for
                              partial Summary Judgment be denied ; The parties have 10
                              days from the date of service to file objections to this
                              Report and Recommendation. (aen) [Entry date 07/13/01]

                              7/17/01 -- ORDER upon motion denying [76-1] motion for Leave to File
                              Amended Declaration of Jerry Dobbins in support of Defts
                              opposition to Pltfs motion for Summary Judgment ( signed
                              by Mag. Judge Ila J. Sensenich on 7/17/01 ) CM all parties
                              of record. (aen) [Entry date 07/18/01]

                              7/24/01 78 MOTION by INDIAN CREEK DESIGN for Leave to File First
                              Supplemental Pretrial statement with Proposed Order. (aen)
                              [Entry date 07/24/01]

                              7/24/01 79 Pretrial stipulation by INDIAN CREEK DESIGN (aen)
                              [Entry date 07/24/01]

                              7/24/01 80 Pretrial stipulation by INDIAN CREEK DESIGN ( CONFIDENTIAL
                              PORTION OF PRETRIAL STIPUALTION BY THE PARTIES ( Filed
                              Under Seal ) (aen) [Entry date 07/24/01]

                              7/24/01 81 OBJECTION by SMART PARTS, INC. to [77-1] report and
                              recommendations (aen) [Entry date 07/24/01]

                              7/26/01 82 OBJECTION by INDIAN CREEK DESIGN to [77-1] report and
                              recommendations (aen) [Entry date 07/27/01]

                              7/30/01 83 SECOND MOTION by SMART PARTS, INC. for Partial Summary
                              Judgment with Proposed Order. (aen) [Entry date 07/31/01]

                              7/30/01 84 BRIEF by SMART PARTS, INC. in support of [83-1] motion for
                              Partial Summary Judgment by SMART PARTS, INC. (aen)
                              [Entry date 07/31/01]

                              7/30/01 85 STATEMENT OF MATERIAL FACTS by SMART PARTS, INC. in support
                              of Pltfs Second motion for Partial Summary Judgment. (aen)
                              [Entry date 07/31/01]

                              7/30/01 86 THIRD MOTION by SMART PARTS, INC. for Partial Summary
                              Judgment with Proposed Order. (aen) [Entry date 07/31/01]

                              7/30/01 87 BRIEF by SMART PARTS, INC. in support of [86-1] motion for
                              Partial Summary Judgment by SMART PARTS, INC. (aen)
                              [Entry date 07/31/01]

                              7/30/01 88 STATEMENT OF MATERIAL FACTS by SMART PARTS, INC. in support
                              of pltfs Third Motion for Partial Summary Judgment. (aen)
                              [Entry date 07/31/01]

                              7/30/01 89 MOTION by INDIAN CREEK DESIGN to make Defts motion for
                              partial summary judgment one for Complete Summary Judgment
                              with Proposed Order. (aen) [Entry date 07/31/01]

                              7/30/01 90 BRIEF by INDIAN CREEK DESIGN in support of [89-1] motion
                              to make Defts motion for partial summary judgment one for
                              Complete Summary Judgment by INDIAN CREEK DESIGN (aen)
                              [Entry date 07/31/01]

                              8/1/01 -- SEALED DOCUMENT ( Pretrial Statement of Pltf Smart Parts
                              Inc. (aen) [Entry date 08/01/01]

                              8/1/01 -- ORDER upon motion granting [78-1] motion for Leave to File
                              First Supplemental Pretrial statement ( signed by Mag.
                              Judge Ila J. Sensenich on 7/31/01 ) CM all parties of
                              record. (aen) [Entry date 08/01/01]

                              8/1/01 -- Minute entry: [31-1] motion to Bifurcate Proceedings,
                              [46-1] motion for expedited Hearing on motion to Bifurcate,
                              [53-1] motion for Hearing on motion to Bifurcate to be
                              decided by Judge Cindrich (cw) [Entry date 09/04/01]

                              8/2/01 91 DECLARATION William M. Gardner, Jr Re: in support of Pltfs
                              Second motion for partial summary judgment (aen)
                              [Entry date 08/02/01]

                              8/2/01 92 DECLARATION Raymond S. Gaston Re: in support of Pltfs Third
                              Motion for Partial Summary Judgment. (aen)
                              [Entry date 08/02/01]

                              8/2/01 93 DECLARATION William M. Gardner Jr Re: in support of Pltfs
                              Third motion for Partial Summary Judgment. (aen)
                              [Entry date 08/02/01]

                              8/2/01 94 DECLARATION David L. Smith Re: in support of Pltfs Third
                              Motion for Partial Summary Judgment. (aen)
                              [Entry date 08/02/01]

                              8/2/01 95 NOTICE of filing original declarations. (aen)
                              [Entry date 08/02/01]

                              8/2/01 96 RESPONSE by SMART PARTS, INC. in opposition to [82-1]
                              objection by INDIAN CREEK DESIGN (aen)
                              [Entry date 08/03/01]

                              8/3/01 97 RESPONSE by INDIAN CREEK DESIGN to [81-1] objection by
                              SMART PARTS, INC. (aen) [Entry date 08/03/01]

                              8/24/01 98 ORDER, Briefs in Support set to 9/12/01 for [83-1] motion
                              for Partial Summary Judgment, [86-1] motion for Partial
                              Summary Judgment and for [89-1] motion to make Defts motion
                              for partial summary judgment one for Complete Summary
                              Judgment; Briefs in Opposition set to 10/2/01 for [83-1]
                              motion for Partial Summary Judgment, [86-1] motion for
                              Partial Summary Judgment and for [89-1] motion to make
                              Defts motion for partial summary judgment one for Complete
                              Summary Judgment. ( signed by Mag. Judge Ila J. Sensenich
                              on 8/24/01 ) CM all parties of record. (tt)
                              [Entry date 08/27/01]

                              9/12/01 99 BRIEF by SMART PARTS, INC. in opposition to [89-1] motion
                              to make Defts motion for partial summary judgment one for
                              Complete Summary Judgment by INDIAN CREEK DESIGN (aen)
                              [Entry date 09/12/01]

                              9/28/01 100 ORDER denying [31-1] motion to Bifurcate Proceedings (
                              signed by Judge Robert J. Cindrich on 9/28/01 ) CM all
                              parties of record. (aen) [Entry date 09/28/01]

                              10/1/01 101 MOTION by INDIAN CREEK DESIGN to Extend Time to file
                              response to pltfs motions for summary judgment with
                              Proposed Order. (aen) [Entry date 10/02/01]

                              10/2/01 102 REPLY BRIEF by SMART PARTS, INC. in support of [83-1]
                              motion for Partial Summary Judgment by SMART PARTS, INC.
                              (aen) [Entry date 10/02/01]

                              10/2/01 103 REPLY BRIEF by SMART PARTS, INC. in support of [86-1]
                              motion for Partial Summary Judgment by SMART PARTS, INC.
                              (aen) [Entry date 10/02/01]

                              10/2/01 104 ORDER granting in part, denying in part [86-1] motion for
                              Partial Summary Judgment, granting in part, denying in part
                              [83-1] motion for Partial Summary Judgment, granting in
                              part, denying in part [49-1] motion for Partial Summary
                              Judgment, adopting [77-1] report and recommendations (
                              signed by Judge Robert J. Cindrich on 10/2/01 ) CM all
                              parties of record. (aen) [Entry date 10/02/01]

                              10/9/01 105 RESPONSE by SMART PARTS, INC. to [101-1] motion to Extend
                              Time to file response to pltfs motions for summary judgment
                              by INDIAN CREEK DESIGN (aen) [Entry date 10/10/01]

                              10/10/01 -- ORDER upon motion granting [101-1] motion to Extend Time to
                              file response to pltfs motions for summary judgment,
                              Response to Motion set to 10/12/01 for [89-1] motion to
                              make Defts motion for partial summary judgment one for
                              Complete Summary Judgment ( signed by Mag. Judge Ila J.
                              Sensenich on 10/9/01 ) CM all parties of record. (aen)
                              [Entry date 10/10/01]

                              10/15/01 106 RESPONSE by INDIAN CREEK DESIGN in opposition to [83-1]
                              motion for Partial Summary Judgment by SMART PARTS, INC.
                              (aen) [Entry date 10/15/01]

                              10/15/01 107 COUNTERSTATEMENT OF DISPUTED AND UNDISPUTED FACTS RESPONSE
                              by INDIAN CREEK DESIGN in support of [106-1] opposition
                              response by INDIAN CREEK DESIGN (aen) [Entry date 10/15/01]

                              10/15/01 108 DECLARATION by INDIAN CREEK DESIGN by Ken J. Pedersen Re:
                              [106-1] opposition response by INDIAN CREEK DESIGN (aen)
                              [Entry date 10/15/01]

                              10/15/01 109 RESPONSE by INDIAN CREEK DESIGN in opposition to [86-1]
                              motion for Partial Summary Judgment by SMART PARTS, INC.
                              (aen) [Entry date 10/15/01]

                              10/15/01 110 COUNTERSTSTEMENT OF DISPUTE AND UNDISPUTED FACTS RESPONSE
                              by INDIAN CREEK DESIGN in support of [109-1] opposition
                              response by INDIAN CREEK DESIGN (aen) [Entry date 10/15/01]

                              10/15/01 111 DECLARATION by INDIAN CREEK DESIGN Thomas P. Jensen Re:
                              [109-1] opposition response by INDIAN CREEK DESIGN (aen)
                              [Entry date 10/15/01]

                              10/26/01 112 SUBSTITUTE REPLY BRIEF by SMART PARTS, INC. in support of
                              [83-1] motion for Partial Summary Judgment by SMART PARTS,
                              INC. (aen) [Entry date 10/29/01]

                              10/26/01 113 SUBSTITUTE REPLY BRIEF by SMART PARTS, INC. in support of
                              [86-1] motion for Partial Summary Judgment by SMART PARTS,
                              INC. (aen) [Entry date 10/29/01]

                              2/25/02 -- ORDER upon motion denying [89-1] motion to make Defts
                              motion for partial summary judgment one for Complete
                              Summary Judgment ( signed by Mag. Judge Ila J. Sensenich
                              on 2/23/02 ) CM all parties of record. (aen)
                              [Entry date 02/25/02]

                              3/13/02 114 REPORT AND RECOMMENDATION of Mag. Judge Ila J. Sensenich
                              signed on 3/13/02 Recommending that [86-1] motion for
                              Partial Summary Judgment be denied ; The parties have 10
                              days from the date of service to file objections to this
                              Report and Recommendation. (aen) [Entry date 03/13/02]

                              3/13/02 115 REPORT AND RECOMMENDATION of Mag. Judge Ila J. Sensenich
                              signed on 3/13/02 Recommending that [83-1] motion for
                              Partial Summary Judgment be granted in part and Denied in
                              part as to defts Counterclaim. ; The parties have 10 days
                              from the date of service to file objections to this Report
                              and Recommendation. (aen) [Entry date 03/13/02]

                              3/21/02 116 OBJECTION by SMART PARTS, INC. to [115-1] report and
                              recommendations (aen) [Entry date 03/21/02]

                              3/25/02 117 SECOND MOTION by INDIAN CREEK DESIGN for Summary Judgment
                              with Proposed Order. (aen) [Entry date 03/25/02]

                              3/25/02 118 BRIEF by INDIAN CREEK DESIGN in support of [117-1] motion
                              for Summary Judgment by INDIAN CREEK DESIGN (aen)
                              [Entry date 03/25/02]

                              3/25/02 119 DECLARATION Thomas P. Jensen Re: [117-1] motion for Summary
                              Judgment by INDIAN CREEK DESIGN (aen) [Entry date 03/25/02]

                              3/25/02 120 DECLARATION by INDIAN CREEK DESIGN by Ken J. Pedersen Re:
                              [117-1] motion for Summary Judgment by INDIAN CREEK DESIGN
                              (aen) [Entry date 03/25/02]

                              3/25/02 121 STATEMENT OF MATERIAL FACTS by INDIAN CREEK DESIGN in
                              support of Defts Second Motion for Summary Judgment. (aen)
                              [Entry date 03/25/02]

                              3/26/02 122 OBJECTION by INDIAN CREEK DESIGN to [115-1] report and
                              recommendations (aen) [Entry date 03/27/02]

                              3/26/02 123 INDIAN CREEK DESIGN, INC Comments Regarding the Magistrate
                              Judge's Report and Recommendation on Pltfs Third Motion for
                              Summary Judgment. (aen) [Entry date 03/27/02]

                              4/1/02 124 RESPONSE by INDIAN CREEK DESIGN in opposition to [116-1]
                              objection by SMART PARTS, INC. (aen) [Entry date 04/02/02]

                              4/5/02 125 RESPONSE by SMART PARTS, INC. to [122-1] objection by
                              INDIAN CREEK DESIGN (aen) [Entry date 04/05/02]

                              4/5/02 126 BRIEF by SMART PARTS, INC. in opposition to [117-1] motion
                              for Summary Judgment by INDIAN CREEK DESIGN (aen)
                              [Entry date 04/05/02]

                              4/5/02 127 STATEMENT OF MATERIAL FACTS by SMART PARTS, INC. (aen)
                              [Entry date 04/05/02]

                              4/18/02 128 REPLY BRIEF by INDIAN CREEK DESIGN to [126-1] brief in
                              opposition by SMART PARTS, INC. [60-1] reply brief by
                              INDIAN CREEK DESIGN (aen) [Entry date 04/18/02]

                              5/7/02 129 ORDER granting in part, denying in part [83-1] motion for
                              Partial Summary Judgment, adopting [115-1] report and
                              recommendations ( signed by Judge Robert J. Cindrich on
                              5/7/02 ) CM all parties of record. (aen)
                              [Entry date 05/08/02]

                              5/10/02 130 MEMORANDUM ORDER denying [117-1] motion for Summary
                              Judgment, adopting [114-1] report and recommendations (
                              signed by Judge Robert J. Cindrich on 5/7/02 ) CM all
                              parties of record. (ces) [Entry date 05/10/02]

                              6/10/02 131 BRIEF by INDIAN CREEK DESIGN in support of Defts motion
                              for claims construction ( Markman Hearing ) (aen)
                              [Entry date 06/11/02]

                              6/10/02 132 MOTION by INDIAN CREEK DESIGN for Claims Construction (
                              Markman Hearing ) (aen) [Entry date 06/11/02]

                              6/10/02 133 DECLARATION Thomas P. Jensen Re: [132-1] motion for Claims
                              Construction ( Markman Hearing ) by INDIAN CREEK DESIGN (aen)
                              [Entry date 06/11/02]

                              6/10/02 134 DECLARATION by Ken J. Pedersen Re: [132-1] motion for
                              Claims Construction ( Markman Hearing ) by INDIAN CREEK
                              DESIGN (aen) [Entry date 06/11/02]

                              6/26/02 135 BRIEF by SMART PARTS, INC. in opposition to [132-1] motion
                              for Claims Construction ( Markman Hearing ) by INDIAN CREEK
                              DESIGN (aen) [Entry date 06/26/02]

                              7/8/02 136 RESPONSE by INDIAN CREEK DESIGN to [135-1] brief in
                              opposition by SMART PARTS, INC. (aen) [Entry date 07/08/02]

                              10/4/02 137 ORDER that this case is reassigned to Judge McVerry. (
                              signed by Judge Robert J. Cindrich on 10/4/02 ) CM all
                              parties of record. (aen) [Entry date 10/04/02]

                              10/4/02 -- CASE reassigned to Judge Terrence F. McVerry (aen)
                              [Entry date 10/04/02]

                              10/30/02 138 REPORT AND RECOMMENDATION of Mag. Judge Ila J. Sensenich
                              signed on 10/30/02 Recommending that [117-1] motion for
                              Summary Judgment be granted [132-1] in part and Denied in
                              part motion for Claims Construction ( Markman Hearing ) be
                              granted ; The parties have 10 days from the date of service
                              to file objections to this Report and Recommendation. (aen)
                              [Entry date 10/30/02]

                              11/12/02 139 OBJECTION by SMART PARTS, INC. to [138-1] report and
                              recommendations (jsp) [Entry date 11/12/02]

                              11/12/02 140 OBJECTION by INDIAN CREEK DESIGN to [138-1] report and
                              recommendations (plh) [Entry date 11/13/02]

                              11/19/02 141 NOTICE of related case filings by SMART PARTS, INC. (aen)
                              [Entry date 11/19/02]

                              11/19/02 142 RESPONSE by SMART PARTS, INC. in opposition to [140-1]
                              objection by INDIAN CREEK DESIGN (aen)
                              [Entry date 11/19/02]

                              11/19/02 143 RESPONSE by INDIAN CREEK DESIGN to [139-1] objection by
                              SMART PARTS, INC. (aen) [Entry date 11/20/02]

                              11/21/02 144 AMENDED REPORT AND RECOMMENDATION of Mag. Judge Ila J.
                              Sensenich signed on 11/20/02 Recommending that [117-1]
                              motion for Summary Judgment be granted [132-1] motion for
                              Claims Construction ( Markman Hearing ) be granted ; The
                              parties have 10 days from the date of service to file
                              objections to this Report and Recommendation. (aen)
                              [Entry date 11/21/02]

                              12/2/02 145 OBJECTION by INDIAN CREEK DESIGN to [144-1] report and
                              recommendations (aen) [Entry date 12/03/02]

                              12/11/02 146 RESPONSE by SMART PARTS, INC. in opposition to [145-1]
                              objection by INDIAN CREEK DESIGN (aen)
                              [Entry date 12/11/02]

                              1/9/03 147 MEMORANDUM ORDER granting in part, denying in part defts'
                              [117-1] second motion for Summary Judgment. The motion is
                              granted as to non-infringement of Claim 3 of the '707
                              patent and denied as to non-infringement of Claim 1 of the
                              '843 patent ; Defts' [132-1] motion for Claims Construction
                              is granted and that the matter is hereby referred to Mag.
                              Judge Sensenich for a Markman hearing to determine whether
                              the language of Claim 1 of the '843 patent supports the
                              construction of a single, four-way solenoid valve as an
                              embodiment of the element requiring first and second
                              electrically operated pneumatic flow distribution
                              mechanisms ; The Markman hearing is to determine
                              construction of Claim 15 of the '133 patent, as per Judge
                              Cindrich's Order entered 10/2/01 directing remand for
                              construction of the term "electrically controlling the
                              filing of" in Claim 15 of the '133 patent ; the [144-1]
                              amended report and recommendation is adopted as the opinion
                              of the court. ( signed by Judge Terrence F. McVerry on
                              1/9/03 ) CM all parties of record. (tt)
                              [Entry date 01/10/03]



                              --------------------------------------------------------------------------------

                              END OF DOCKET: 2:00cv1482

                              ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++

                              Here is another one, CA. 2:97cv1425 :

                              ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++


                              U.S. District Court

                              Western District of Pennsylvania (Pittsburgh)

                              CIVIL DOCKET FOR CASE #: 97-CV-1425

                              SMART PARTS, INC v. WDP, LTD.

                              Filed: 08/05/97
                              Assigned to: Judge Gary L. Lancaster
                              Jury demand: Plaintiff
                              Demand: $0,000
                              Nature of Suit: 830
                              Lead Docket: None
                              Jurisdiction: Federal Question
                              Dkt# in other court: None
                              Cause: 35:271 Patent Infringement



                              --------------------------------------------------------------------------------



                              SMART PARTS, INC Thomas C. Wettach
                              plaintiff [COR LD NTC]
                              Gerald Jospeh Iwanejko, J.
                              [COR LD NTC]
                              Titus & McConomy
                              Four Gateway Center
                              Twentieth Floor
                              Pittsburgh, PA 15222
                              (412) 642-2000

                              v.

                              WDP, LTD.
                              defendant





                              --------------------------------------------------------------------------------


                              DOCKET PROCEEDINGS


                              --------------------------------------------------------------------------------

                              DATE # DOCKET ENTRY



                              8/5/97 1 COMPLAINT with summons issued; jury demand Filing Fee
                              $150.00 Receipt #8675 (plh) [Entry date 08/05/97]

                              12/19/97 2 STIPULATION of dismissal with proposed order. (cw)
                              [Entry date 12/19/97]

                              12/19/97 3 ORDER, the court having been advised by counsel for the
                              plaintiff that this case has been settled, that the Clerk
                              mark this case closed. ( signed by Judge Gary L. Lancaster
                              on 12/19/97 ) CM all parties of record. Notices mailed. (emc)
                              [Entry date 12/19/97]



                              --------------------------------------------------------------------------------


                              Case Flags:
                              CLOSED




                              --------------------------------------------------------------------------------
                              END OF DOCKET: 2:97cv1425

                              AGD X-Mag #XT00187
                              AGD Tac-One
                              WGP 2003
                              Marker Pics

                              Comment

                              • icegod
                                Registered User
                                • Jul 2003
                                • 27

                                #555
                                Re: Court Records

                                Originally posted by SLICEnDICE
                                Has anyone thought of looking into the court records in either the home district of ICD or SP to see what was really filled in court(they had to file in one of these places) and what was really said in court by the lawyers. That would help put an end to a lot of hear say for the moment and answer some of the many questions that the public has. It would help sort out the truth from the BS, (what they want you to know and what they tell you). Rember court records are PUBLIC DOMAIN. Lets use our heads and our combined skills to get to the bottom of this situation. My 2 cents.
                                court records arent usually public domain until closed. You can get like case numbers, headings, plf\def and SOMETIMES a briefing, but usually not. Also up until recently its been nothing but alot of depositions and hearings, the actual court date is set for sept. if i remember correctly. Also someone did a search (up a page or so) that had alot of headings and case numbers.

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