Case 1:19-cv-01334-CJB Document 722 Filed 04/11/24 Page 1 of 4 PageID #: 18105
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiffs,
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`Defendants.
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`C.A. No. 19-1334 (CJB)
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`MIDWEST ENERGY EMISSIONS CORP.
`and MES Inc.,
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`ARTHUR J. GALLAGHER & CO., et al.,
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`v.
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`JOINT STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE ON
`DEFENDANTS’ POST-TRIAL MOTIONS (D.I. 716, 717, 718/719 & 720/721)
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`Plaintiffs Midwest Energy Emissions Corp. and MES Inc. ( “Plaintiffs”) and CERT
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`Operations II LLC, CERT Operations IV LLC, CERT Operations V LLC, CERT Operations
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`RCB LLC, Senescence Energy Products LLC, Bascobert (A) Holdings LLC, Buffington Partners
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`LLC, Larkwood Energy LLC, Rutledge Products LLC, Cottbus Associates LLC, Springhill
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`Resources LLC, and Marquis Industrial Company LLC ( “Defendants”), hereby file this Joint
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`Stipulation on Briefing Schedule and stipulate as follows:
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`WHEREAS, the Court has set a one-day bench trial as to Defendants’ defense of implied
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`license for May 30, 2024 (D.I. 696);
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`WHEREAS, Defendants filed the following post-trial motions and supporting briefs on April
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`5, 2024:
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`i. D.I. 716 – Motion to Dismiss Plaintiff MES Inc. and to Alter or Amend Judgments (D.I.
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`697-708);
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`ii. D.I. 717 – Motion to Alter Judgments (D.I. 697-708), which is based upon the defense of
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`implied license;
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`iii. D.I. 718 and 719 – Motion for Judgment as a Matter of Law of No Induced Infringement,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`)
`)
`
`Plaintiffs,
`
`Defendants.
`
`
`
`C.A. No. 19-1334 (CJB)
`
`
`
`
`MIDWEST ENERGY EMISSIONS CORP.
`and MES Inc.,
`
`
`
`
`
`ARTHUR J. GALLAGHER & CO., et al.,
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`JOINT STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE ON
`DEFENDANTS’ POST-TRIAL MOTIONS (D.I. 716, 717, 718/719 & 720/721)
`
`Plaintiffs Midwest Energy Emissions Corp. and MES Inc. ( “Plaintiffs”) and CERT
`
`Operations II LLC, CERT Operations IV LLC, CERT Operations V LLC, CERT Operations
`
`RCB LLC, Senescence Energy Products LLC, Bascobert (A) Holdings LLC, Buffington Partners
`
`LLC, Larkwood Energy LLC, Rutledge Products LLC, Cottbus Associates LLC, Springhill
`
`Resources LLC, and Marquis Industrial Company LLC ( “Defendants”), hereby file this Joint
`
`Stipulation on Briefing Schedule and stipulate as follows:
`
`WHEREAS, the Court has set a one-day bench trial as to Defendants’ defense of implied
`
`license for May 30, 2024 (D.I. 696);
`
`WHEREAS, Defendants filed the following post-trial motions and supporting briefs on April
`
`5, 2024:
`
`i. D.I. 716 – Motion to Dismiss Plaintiff MES Inc. and to Alter or Amend Judgments (D.I.
`
`697-708);
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`ii. D.I. 717 – Motion to Alter Judgments (D.I. 697-708), which is based upon the defense of
`
`implied license;
`
`iii. D.I. 718 and 719 – Motion for Judgment as a Matter of Law of No Induced Infringement,
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`
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`
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`Case 1:19-cv-01334-CJB Document 722 Filed 04/11/24 Page 2 of 4 PageID #: 18106
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`No Contributory Infringement, and No Willful Infringement as to Plaintiffs’ Claims for
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`Infringement of U.S. Patent Nos. 10,343,114 and 10,596,517 and Brief in Support of
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`Their Motion for Judgment as a Matter of Law as to No Induced Infringement, No
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`Contributory Infringement, and No Willful Infringement; and
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`iv. D.I. 720 and 721– Motion for New Trial on the Issues of Induced Infringement,
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`Contributory Infringement, Willful Infringement, and Damages with Respect to
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`Plaintiffs’ Claims for Infringement of U.S. Patent Nos. 10,343,114 and 10,596,517 and
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`Brief in Support of Motion for New Trial
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`(collectively, “Defendants’ Post-Trial Motions”).
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`WHEREAS, the default briefing schedule under the Court’s Local Rules provides that the
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`deadline for Plaintiffs to file answering briefs in response to Defendants’ Post-Trial motions is
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`two (2) weeks from the filing date of the post-trial motions, or by April 19, 2024, and the
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`deadline for Defendants to file rebuttal briefs in support of Defendants’ Post-Trial Motions is one
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`(1) week from Plaintiffs’ answering/responsive filing deadline, or by April 26, 2024;
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`WHEREAS, the parties to the above-captioned action have negotiated proposed dates for an
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`amended briefing schedule regarding Defendants’ Post-Trial Motions by which all briefs will be
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`filed in advance of the currently-scheduled bench trial; and
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`WHEREAS, the proposed amended briefing schedule does not alter any other deadlines set
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`by the Court;
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`NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
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`parties to the above-captioned action, subject to the approval of the Court, that the schedule for
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`briefing as to Defendants’ post-trial motions is as follows:
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`2
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`Case 1:19-cv-01334-CJB Document 722 Filed 04/11/24 Page 3 of 4 PageID #: 18107
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`Deadline
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`Plaintiffs to file and serve their answering
`briefs/response to Defendants’ Post-Trial Motions
`(D.I. Nos 716, 717, 718/719 and 720/721)
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`Defendants to file and serve their rebuttal briefs in
`support of Defendants’ Post-Trial Motions (D.I.
`Nos 716, 717, 718/719 and 720/721)
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`
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`Current Due
`Dates
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`Proposed New
`Due Dates
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`April 19, 2024
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`May 3, 2024
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`April 26, 2024
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`May 17, 2024.
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` Dated: April 11, 2024
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`
`/s/ James M. Lennon
`James M. Lennon (#4570)
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`(302) 449-9010
`jlennon@devlinlawfirm.com
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`OF COUNSEL:
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`Bradley W. Caldwell
`Texas Bar No. 24040630
`Jason D. Cassady
`Texas Bar No. 24045625
`John Austin Curry
`Texas Bar No. 24059636
`Justin T. Nemunaitis
`Texas Bar No. 24065815
`Adrienne R. Dellinger
`Texas Bar No. 24116275
`CALDWELL CASSADY CURRY PC
`2121 N. Pearl Street, Suite 1200
`Dallas, Texas 75201
`Phone: (214) 888-4848
`Fax: (214) 888-4849
`bcaldwell@caldwellcc.com
`jcassady@caldwellcc.com
`acurry@caldwellcc.com
`jnemunaitis@caldwellcc.com
`adellinger@caldwellcc.com
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`Attorneys for Plaintiffs Midwest
`Energy Emissions Corp. and MES Inc.
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`/s/ Kenneth L. Dorsney
`Kenneth L. Dorsney (#3726)
`Cortlan S. Hitch (#6720)
`MORRIS JAMES LLP
`500 Delaware Avenue, Suite 1500
`Wilmington, DE 19801
`(302) 888-6800
`kdorsney@morrisjames.com
`chitch@morrisjames.com
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`OF COUNSEL:
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`Jeff Dyess
`Paul Sykes
`Benn Wilson
`Ashley M. Robinson
`BRADLEY ARANT BOULT CUMMINGS LLP
`1819 Fifth Avenue North
`Birmingham, AL 35203
`Telephone: (205) 521-8000
`Facsimile: (205) 521-8800
`Email: jdyess@bradley.com
`psykes@bradley.com
`bcwilson@bradley.com
`amrobinson@bradley.com
`
`Jessica Zurlo
`BRADLEY ARANT BOULT CUMMINGS LLP
`1615 L Street NW,Ste 1350
`Washington, D.C. 20036
`Telephone: (202) 393-7150
`Facsimile: (202) 347-1684
`Email: jzurlo@bradley.com
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`Case 1:19-cv-01334-CJB Document 722 Filed 04/11/24 Page 4 of 4 PageID #: 18108
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`Attorneys for Defendants
`CERT Operations II LLC,
`CERT Operations IV LLC,
`CERT Operations V LLC,
`CERT Operations RCB LLC,
`Senescene Energy Products, LLC,
`Springhill Resources LLC,
`Buffington Partners LLC,
`Bascobert (A) Holdings LLC,
`Larkwood Energy LLC,
`Cottbus Associates LLC,
`Marquis Industrial Company, LLC, and
`Rutledge Products, LLC
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`SO ORDERED this ___ day of April, 2024.
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`____________________________________
`The Honorable Christopher J. Burke
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`4
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