Reply in Support of Motion to Modify Schedule - 1

Tiger Tool v. One Stop Distributors, No. 1:22-cv-23576-KMW

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:22-cv- 23576-KMW

TIGER TOOL INTERNATIONAL 

INCORPORATED, A CANADIAN 

CORPORATION,

Plaintiff,

v.

ONE STOP DISTRIBUTORS LLC, A 

FLORIDA LLC D/B/A ONI TOOLS,

Defendant.

/

REPLY IN SUPPORT OF MOTION TO MODIFY SCHEDULING ORDER

Plaintiff Tiger Tool International Incorporated (“Tiger Tool”), hereby files its 

reply in support of its Motion to Modify Scheduling Order [Dkt. 36 the “Motion”] 

and in response to the opposition filed by Defendant One Stop Distributors LLC 

(“ONI Tools”) [Dkt. 37]. 

ONI Tools now opposes the relief to which it previously agreed and had 

jointly requested. ONI Tool’s sudden change of tack, however, does not change the 

fact that a claim construction schedule should be entered in this case.

As established in Tiger Tool’s Motion, claim construction is a matter of law 

for the Court, and that failure to issue a claim construction or “Markman” order has 

been considered reversible error by the Federal Circuit. Tiger Tool therefore 

proposed a modest modification to the existing Scheduling Order to provide for a 

claims construction schedule. That proposal asked the Court to order the parties to 

adopt exactly the same steps to negotiate claim construction issues without Court 

involvement as did the original proposal to which ONI Tools had earlier agreed. 

Case 1:22-cv-23576-KMW Document 38 Entered on FLSD Docket 09/20/2023 Page 1 of 3
Reply in Support of Motion to Modify Schedule - 2

Tiger Tool v. One Stop Distributors, No. 1:22-cv-23576-KMW

Pursuant to the proposal, the parties would begin the claim construction 

process by making a simultaneous exchange of terms that each party thought needed 

construction. In subsequent phases, the parties would exchange proposed 

constructions of all terms, including those proposed by the other party, and meet and 

confer to seek agreement on construction of any disputed terms, all in an effort to 

resolve any claim construction questions in advance of briefing any claim 

construction disputes to the Court. 

Despite having earlier agreed to the exact process it now opposes, ONI Tools 

opposes Tiger Tool’s Motion on the grounds that Tiger Tools has not identified any 

terms that it contends require construction. Of course, identifying terms is the first 

step in the Markman process, not the reason to decide whether or not to begin the 

process. Earlier this year, ONI Tools agreed that it was appropriate in this case to 

use that widely accepted process for claim construction, despite that neither party 

had specifically identified terms for construction. The process calls for concurrent 

exchanges of terms and constructions to avoid gamesmanship and eliminate the 

opportunity for one party or the other to attempt to secure an advantage by disclosing 

litigation positions before its party opponent does so. The process also compels 

discussion and negotiation, to thereby promote concurrence, and eliminate or reduce 

disputes in advance of briefing the legal issues to the Court. ONI Tools’ Opposition 

apparently demands that it gain the litigation advantage of Tiger Tool’s term 

disclosure as a condition of now agreeing to the cooperative process it earlier jointly 

proposed to the Court. 

Tiger Tool respectfully requests that the Court grant its Motion. 

September 20, 2023.

By: /s/ Eric J. Partlow

Eric J. Partlow, Esq.

Florida Bar No. 556531

Case 1:22-cv-23576-KMW Document 38 Entered on FLSD Docket 09/20/2023 Page 2 of 3
Reply in Support of Motion to Modify Schedule - 3

Tiger Tool v. One Stop Distributors, No. 1:22-cv-23576-KMW

eric.partlow@arlaw.com

gail.northwood@arlaw.com

Adams and Reese LLP

100 N. Tampa Street, Suite 4000

Tampa, FL 33602

Telephone: 813-402-2880

Facsimile: 813-402-2887

Joel B. Ard (Admitted Pro Hac Vice)

WSBA # 40104 

Ard Law Group PLLC

P.O. Box 11633

Bainbridge Island, WA 98110

206.701.9243

Joel@Ard.law

Attorneys for Plaintiff Tiger Tool 

International Incorporated

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 20, 2023, I electronically filed the 

foregoing with the Clerk of the court using the CM/ECF system, which will send 

notice of electronic filing to all parties of record. 

/s/ Eric J. Partlow

Eric J. Partlow

Case 1:22-cv-23576-KMW Document 38 Entered on FLSD Docket 09/20/2023 Page 3 of 3