Greiner v. CVS Corp. — Entry #50: REPORT of Rule 26(f) Planning Meeting by Atico International USA, Inc., Lori Greiner, CVS Pharmacy, Inc., For Your Ease Only, Inc

Case 1:07-cv-06451         Document 50       Filed 05/28/2008       Page 1 of 5


                         IN THE UNITED STATES DISTRICT COURT
                             NORTHERN DISTRICT OF ILLINOIS

LORI GREINER,                              )
An Individual,                             )
                            Plaintiff,     )
AND                                        )
                                           )
FOR YOUR EASE ONLY, INC.                   )
An Illinois Corporation,                   )
                                           )
                            Plaintiff,     )                Civil Action No. 07 C 6451
                                           )
v.                                         )
                                           )                The Honorable Jude Charles Norgle
CVS PHARMACY, INC.                         )
A Rhode Island Corporation,                )                Magistrate Judge Susan Cox
                                           )
                            Defendant, and )
                                           )
ATICO INTERNATIONAL USA, INC.,             )                JURY TRIAL DEMANDED
A Delaware Corporation                     )
                            Defendant.     )

                                   JOINT INITIAL STATUS REPORT

       Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, Lori Greiner and For

Your Ease Only and CVS Pharmacy, Inc. and Atico International USA, Inc. hereby submit the

following Initial Status Report.

       1.      Nature Of Claims And Counterclaims

       This is a case involving claims of patent infringement. This Court has original

jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a). Venue in this district is

proper under 28 U.S.C. §§ 1391(c) and 1400(b). Plaintiffs claim that Defendants have infringed

U.S. Patent No. D 528,840 (“the ‘840 Patent”) entitled “Jewelry Storage Container.” Defendants

deny that an identified product infringes any valid claim of the '840 patent. Defendants’


        Case 1:07-cv-06451         Document 50        Filed 05/28/2008       Page 2 of 5


affirmative defenses include non-infringement and invalidity and/or unenforceability of the '840

patent. No counterclaims have been asserted.

       2.      List Of Pending Motions And Brief Summary Of Bases For Motions

       There are no motions pending at the present time. The parties recognize the need for and

negotiated and filed a protective order to govern the treatment of confidential discovery

materials.

       3.      Proposed Discovery Limits

       The parties propose that the limits on discovery set forth in the Federal Rules of Civil

Procedure should govern.

       4.      Rule 26(f) Planning Report

       The parties provide the following pursuant to the requirements of Rule 26(f).

       (1)     Counsel exchanged their initial disclosures required by Rule 26(a)(1). The parties

have begun discovery.

       (2)     Discovery will be needed to determine whether the accused product infringes the

‘840 patent; whether the ‘840 patent is invalid; and the amount of any damages, or other relief to

which either party may be entitled on account of the other’s actions. Plaintiffs believe discovery

may include survey and expert evidence. Discovery including expert discovery shall be

completed by January 9, 2009. Plaintiffs may seek a limited stay in discovery pending the

outcome of the en banc decision in Egyptian Goddess, Inc. v. Swisa, Inc., United States Court of

Appeals for the Federal Circuit, docket no. 2006-1562. Defendants do not believe a stay is

appropriate.

       (3)     The parties propose the deadline for amendments to the pleadings to join parties is

June 11, 2008.


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       (4)      Production of electronic discovery shall be in accordance with the e-discovery

revisions to the Fed. R. Civ. P. effective December 2006     Electronic mail shall be

discoverable.

       5.       Estimation Of When The Case Will Be Ready For Trial

       The case will be ready for a pretrial conference in accordance with the Court’s

Scheduling Order and for trial at the Court’s earliest convenience following the submission of

the Pretrial Order.

       6.       Probable Length Of Trial

       Plaintiffs will require 3 days to present its case-in-chief. Defendants estimate 2 days will

be needed to present its defenses.

       7.       Request For Jury Trial

       A jury trial was requested.

       8.       Status Of Settlement Discussions

       The parties have discussed settlement, but it appears that efforts to reach a settlement

have been exhausted at this time.

       9.       Consent To Proceed Before A Magistrate Judge

       The parties consent to disposition of all discovery matters before a Magistrate, but not to

trial or dispositive motions, which should be conducted by the District Court Judge.


SUBMITTED BY:

       /s/ Keith M. Sorge                                  /s/ Jason R. Buratti
       Donald B. Levine, IL # 1637355                      David B. Goodman # 6201242
       Latimer Levay Jurasek L.L.C.                        Shaw Gussis Fishman Glantz Wolfson
       55 West Monroe Street                               & Towbin LLP
       Suite 1100                                          321 N. Clark Street
       Chicago, IL 60603                                   Suite 800


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 Case 1:07-cv-06451      Document 50   Filed 05/28/2008    Page 4 of 5


(312) 422-8000                            Chicago, IL 60610
                                          (312) 541-0151

and                                             and

Daniel W. McDonald                        Jason R. Buratti
Keith M. Sorge                            Christopher & Weisberg, P.A.
Merchant & Gould P.C.                     200 East Las Olas Boulevard
3200 IDS Center                           Suite 2040
80 South Eighth Street                    Fort Lauderdale, FL 33301
Minneapolis, MN 55402-2215                (954) 828-1488
(612) 332-5300
                                          Attorneys for CVS Pharmacy, Inc. and
Attorneys for Lori Greiner and            Atico International USA, Inc.
For Your Ease Only, Inc.


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        Case 1:07-cv-06451      Document 50       Filed 05/28/2008    Page 5 of 5


                             CERTIFICATE OF SERVICE

       I the undersigned do hereby certify that on May 28, 2008, I caused a copy of the
foregoing JOINT INITIAL STATUS REPORT to be filed with the Clerk of the Court using
the CM/ECF system which will send notification of such filing to the below-listed party:


David Benjamin Goodman                          Jason R. Buratti
Shaw Gussis Fishman Glanz Wolfson               Jeffrey L. Kamenetsky
& Towbin LLC                                    Josteph R. Englander
321 North Clark Street                          Christopher & Weisberg, PA
Suite 800                                       200 East Las Olas Boulevard
Chicago, IL 60610                               Suite 2040
                                                Fort Lauderdale, FL 33301


                                  /s/ Keith M. Sorge
                                  Attorney for Lori Greiner and For Your Ease Only