Server Technology, Inc. v. American Power Conversion Corporation

Filing 342

MINUTES OF PROCEEDINGS - Motion Hearing held on 2/23/2012 before Judge Larry R. Hicks. Crtrm Administrator: Dionna Negrete; Pla Counsel: James E. Hartley, Donald A. Degnan, Michael R. Henson, and Matthew B. Hippler; Def Counsel: Ter rance Truax, Kristopher R. Kiel, Michael Babbitt, Stephen Geissler, and William Peterson; Court Reporter/FTR #: Donna Davidson; Time of Hearing: 10:00 a.m. - 5:55 p.m.; Courtroom: 5. Court convenes. All parties are present. C ounsel present argument as to their respective positions as to Motions 277 , 279 and 287 . IT IS ORDERED that Plaintiff's Motion 279 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion 277 and Defendant's Motion 287 , stand submitted. IT IS ORDERED that the parties shall submit simultaneous Proposed Orders by 3/16/12. Court adjourns. (See attached minute order for specifics) (Copies have been distributed pursuant to the NEF - DBN)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

SERVER TECHNOLOGY, INC.,
Plaintiff(s),
vs.
AMERICAN POWER CONVERSION
CORPORATION,
Defendant(s).

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CASE NO. 3:06-CV-698-LRH-VPC
MINUTES OF COURT
DATE: 2/23/12

PRESENT: THE HONORABLE LARRY R. HICKS, U.S. DISTRICT JUDGE
Deputy Clerk: Dionna Negrete

Reporter: Donna Davidson

Counsel for Plaintiff(s): James E. Hartley, Donald A. Degnan, Michael R. Henson,
and Matthew B. Hippler
Counsel for Defendant(s): Terrance Truax, Kristopher R. Kiel, Michael Babbitt, Stephen Geissler
and William Peterson.
MINUTES OF HEARING RE Plaintiff's Motion for Summary Judgment Dismissing APC's Patent
Infringement Counterclaim [277], Plaintiff's Motion for Summary Judgment on APC's Inequitable
Conduct Counterclaim [279], and Defendant's Motion for Summary Judgment [287].
10:00 a.m. Court convenes. Counsel state their appearances for the record. Mr. Hartley
introduces Mr. Carol Ewing the CEO of Server Technology, Inc. to the Court. The Court welcomes
Mr. Ewing to the courtroom. The Court and counsel confer regarding the breakdown of the
presentation of argument today.
Counsel present argument as to their respective positions regarding the Motions for Summary
Judgment [277] and [287].
11:45 a.m. Court stands at recess.
1:30 p.m. Court reconvenes. All parties are present. Counsel present further argument.
3:25 p.m. Court stands at recess.
3:35 p.m. Court reconvenes. All parties are present. Counsel continue with further argument.

STI v. APC
3:06-cv-698-LRH-VPC
2/23/12
Page 2
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5:10 p.m. The Court addresses counsel as to whether this matter should be continued for further
presentation of argument on another day. The Court allows counsel to confer, and takes a short
recess.
5:15 p.m. Court reconvenes. The parties agree to complete their arguments today and proceed
accordingly. Counsel conclude their oral argument presentations. In the interest of time the parties
submit on the pleadings and stipulate to waive argument as to Plaintiff's Motion for Summary
Judgment on APC's Inequitable Conduct Counterclaim [279]. IT IS ORDERED that Plaintiff's
Motion for Summary Judgment [279] is DENIED. IT IS FURTHER ORDERED that Plaintiff's
Motion for Summary Judgment Dismissing APC's Patent Infringement Counterclaim [277], and
Defendant's Motion for Summary Judgment [287], stand submitted to the Court. IT IS ORDERED
that counsel shall submit simultaneous Proposed Orders to the Court by 3/16/12. Responses shall
be due 3/26/12 and Replies due 4/2/12.
5:55 p.m. Court adjourns.
Thereafter, counsel stipulate to preparing the simultaneous Proposed Orders without Responses
and Replies if the Court so agrees. IT IS ORDERED that simultaneous Proposed Orders by the
parties shall be submitted to the Court by 3/16/12, and pursuant to the stipulation between the
parties, and agreement by the Court, there will be no Responses or Replies submitted as
previously ordered. IT IS SO ORDERED.

LANCE S. WILSON, CLERK

By:

D. Negrete
Deputy Clerk