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Case number 1:22-cv-01377

Apple Inc. v. Masimo Corporation et al > Documents

Date Field Doc. No.Description (Pages)
Oct 11, 2023 363 MOTION for Pro Hac Vice Appearance of Attorney Ben Shiroma - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Pro Hac Certification)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 10/11/2023) (0)
Oct 11, 2023 364 MOTION for Pro Hac Vice Appearance of Attorney Emily N. Weber - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 10/11/2023) (4)
Oct 11, 2023 365 ORAL ORDER: Having reviewed the parties' filings regarding Defendants' Motion for Leave to File a Motion for a Partial Stay (D.I. 298 , 340 , 341 , 350 ), and taking into account the typical stay factors, the procedural posture, and the case schedule, IT IS HEREBY ORDERED that the Motion is DENIED. The parties may reraise the issue of claim/issue sequencing at the case management conference currently scheduled for March 2024. Ordered by Judge Jennifer L. Hall on 10/11/2023. (ceg) (Entered: 10/11/2023) (0)
Oct 10, 2023 362 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Ninth Set of Interrogatories to Apple Inc. (50) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 10/10/2023) (4)
Oct 6, 2023 359 Official Transcript of Discovery Conference held on 9/1/23 before Judge Jennifer Hall. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (Warner, Deanna) (Entered: 10/06/2023) (0)
Oct 6, 2023 360 Official Transcript of Discovery Conference held on 8/3/23 before Judge Jennifer Hall. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (Warner, Deanna) (Entered: 10/06/2023) (0)
Oct 6, 2023 361 MOTION for Pro Hac Vice Appearance of Attorney Perry D. Oldham - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Perry D. Oldham)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 10/06/2023) (0)
Oct 5, 2023 357 Official Transcript of Discovery Conference held on 9/14/23 before Judge Jennifer Hall. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/26/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/3/2024. (Warner, Deanna) (Entered: 10/05/2023) (0)
Oct 5, 2023 358 Official Transcript of Markman Hearing held on 9/14/23 before Judge Jennifer Hall. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/26/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/3/2024. (Warner, Deanna) (Entered: 10/05/2023) (0)
Oct 3, 2023 354 NOTICE of Subpoena to Nonin Medical, Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 10/03/2023) (30)
Oct 3, 2023 355 NOTICE OF SERVICE of Plaintiff Apple Inc.'s First Supplemental Objections and Responses to Defendants' and Counterclaimants' Fourth Set of Interrogatories to Apple Inc. (No. 28); Plaintiff Apple Inc.'s Second Supplemental Objections and Responses to Defendants' and Counterclaimants' Fourth Set of Interrogatories to Apple Inc. (Nos. 24, 25); and Plaintiff Apple Inc.'s Third Supplemental Objections and Responses to Defendants' and Counterclaimants' Fourth Set of Interrogatories to Apple Inc. (No. 25) filed by Apple Inc..(Palapura, Bindu) (Entered: 10/03/2023) (3)
Oct 3, 2023 356 MOTION for Pro Hac Vice Appearance of Attorney Paul A. Bondor of Desmarais LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 10/03/2023) (3)
Oct 2, 2023 349 MOTION for Pro Hac Vice Appearance of Attorney Heath Brooks of Wilmer, Cutler, Pickering, Hale and Dorr LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 10/02/2023) (3)
Oct 2, 2023 350 REPLY BRIEF re 298 MOTION for Leave to File a Motion for Partial Stay filed by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 10/02/2023) (15)
Oct 2, 2023 351 NOTICE of Supplemental Authority Regarding Joint Claim Construction Brief by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 10/02/2023) (5)
Oct 2, 2023 352 NOTICE of Issuance of Amended Subpoena upon Garmin International, Inc. by Apple Inc. (Moore, David) (Main Document 352 replaced on 10/4/2023) (ceg). (Entered: 10/02/2023) (30)
Oct 2, 2023 353 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Second Supplemental Objections and Responses to Defendants' and Counterclaimants' Third Set of Interrogatories (No. 23) [Confidential - Attorneys' Eyes Only]; Plaintiff Apple Inc.'s First Supplemental Response to Defendants Masimo Corporation and Sound United, LLC's Fifth Set of Interrogatories to Apple Inc. (Nos. 29-30) [Confidential - Attorneys' Eyes Only]; and Plaintiff Apple Inc.'s Second Supplemental Response to Defendants' Second Set of Interrogatories (Nos. 11, 13-15, 18) [Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 10/02/2023) (3)
Sep 29, 2023 347 MOTION for Pro Hac Vice Appearance of Attorney Nicholas M. Zovko - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Nicholas M. Zovko)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 09/29/2023) (0)
Sep 29, 2023 348 NOTICE of Subpoenas to Samsung Electronics America, Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 09/29/2023) (30)
Sep 28, 2023 346 NOTICE of Subsequent Authority by Apple Inc. re 329 Notice (Other), 273 Joint Claim Construction Brief (Attachments: # 1 Exhibit 1-2)(Moore, David) (Entered: 09/28/2023) (0)
Sep 26, 2023 343 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections And Responses To Counterclaimants' Second Set Of Requests For Admission (Nos. 7-89) [Highly Confidential Attorneys' Eyes Only]; and Plaintiff Apple Inc.'s Objections And Responses To Defendants' Eighth Set Of Interrogatories (Nos. 39-49) [Highly Confidential Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 09/26/2023) (3)
Sep 26, 2023 344 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Laboratories' Fourth Supplemental Responses and Objections to Apple Inc.'s Third Set of Interrogatories (26-27) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/26/2023) (4)
Sep 26, 2023 345 NOTICE OF SERVICE of Responses and Objections to Apple Inc.'s Notice of Deposition of Masimo Corporation, Sound United, LLC and Cercacor Laboratories, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/26/2023) (4)
Sep 25, 2023 340 RESPONSE to Motion re 298 MOTION for Leave to File a Motion for Partial Stay filed by Apple Inc.. (Moore, David) (Entered: 09/25/2023) (14)
Sep 25, 2023 341 DECLARATION re 340 Response to Motion [Declaration of Kerri-Ann Limbeek] by Apple Inc.. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 09/25/2023) (0)
Sep 25, 2023 342 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Laboratories, Inc.'s Responses to Apple Inc.'s Fourth Set of Requests for Admission (89-114) and Masimo Corporation, Sound United, LLC and Cercacor Laboratories' Responses and Objections to Apple Inc.'s Sixth Set of Interrogatories (45-46) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/25/2023) (4)
Sep 22, 2023 339 NOTICE to Take Deposition of Trystan Kosmynka on October 26, 2023 filed by Masimo Corporation, Sound United, LLC.(Phillips, John) (Entered: 09/22/2023) (5)
Sep 21, 2023 338 SO ORDERED, granting (319 in 1:22-cv-01377-MN-JLH, 342 in 1:22-cv-01378-MN-JLH) Joint Motion to Amend the Case Schedule. (*Reset Scheduling Order Deadlines: Interim Status Report due by 1/12/2024; Fact Discovery completed by 11/9/2023; Expert Discovery due by 1/30/2024; Dispositive Motions due by 2/5/2024; Answering Brief due 2/21/2024; Reply Brief due 2/28/2024; A Case Management Conference is set for 3/20/2024 at 01:00 PM in Courtroom 6D before Judge Jennifer L. Hall). Signed by Judge Jennifer L. Hall on 9/21/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/21/2023) (4)
Sep 20, 2023 337 NOTICE to Take Deposition of Linus Park on October 2, 2023 filed by Apple Inc..(Palapura, Bindu) (Entered: 09/20/2023) (3)
Sep 19, 2023 334 NOTICE of Defendants Masimo Corporation and Sound United, LLC's Notice of Supplemental Authority Regarding Joint Claim Construction Brief by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 09/19/2023) (5)
Sep 19, 2023 335 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections And Responses To Counterclaimants' First Set Of Requests For Admission (Nos. 1-6) filed by Apple Inc..(Palapura, Bindu) (Entered: 09/19/2023) (3)
Sep 19, 2023 336 NOTICE of Subpoenas to Omni MedSci, Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 09/19/2023) (30)
Sep 18, 2023 329 NOTICE of Subsequent Authority by Apple Inc. re 273 Joint Claim Construction Brief for Apple Asserted Patents (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 09/18/2023) (0)
Sep 18, 2023 330 REDACTED VERSION of (334 in 1:22-cv-01378-MN-JLH, 311 in 1:22-cv-01377-MN-JLH) Letter by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 09/18/2023) (15)
Sep 18, 2023 331 REDACTED VERSION of (310 in 1:22-cv-01377-MN-JLH, 333 in 1:22-cv-01378-MN-JLH) Letter responsive discovery dispute letter brief by Apple Inc.. (Moore, David) (Entered: 09/18/2023) (5)
Sep 18, 2023 332 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Laboratories, Inc.'s Responses to Apple Inc.'s Third Set of Requests for Admission (23-88) and Masimo Corporation, Sound United, LLC and Cercacor Laboratories' Responses and Objections to Apple Inc.'s Fifth Set of Interrogatories (44) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/18/2023) (4)
Sep 18, 2023 333 REDACTED VERSION of (312 in 1:22-cv-01377-MN-JLH, 335 in 1:22-cv-01378-MN-JLH) Declaration, of Mark A. Ford in Support of Apple's Letter to The Honorable Jennifer L. Hall from David E. Moore by Apple Inc.. (Attachments: # 1 Exhibit 1-5)(Moore, David) (Entered: 09/18/2023) (0)
Sep 15, 2023 327 ORAL ORDER: The pending discovery disputes (No. 22-1377, D.I. 242, 276, 278, 280; No. 22-1378, D.I. 261, 298, 300, 302) are GRANTED-IN-PART and DENIED-IN-PART, as stated during the hearing today. The Court previously advised the parties that further time arguing discovery disputes would be charged against the parties' trial time. The disputes argued today shall be charged as follows: 20 minutes to Apple; 14 minutes to Masimo. Ordered by Judge Jennifer L. Hall on 9/14/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/15/2023) (0)
Sep 15, 2023 328 REDACTED VERSION of (319 in 1:22-cv-01378-MN-JLH, 296 in 1:22-cv-01377-MN-JLH) Letter re opening discovery dispute by Apple Inc.. (Attachments: # 1 Exhibit 1-21)(Moore, David) (Entered: 09/15/2023) (0)
Sep 14, 2023 324 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Response to Defendants Masimo Corporation and Sound United, LLC's Fourth Set of Interrogatories to Apple Inc. (No. 27) (CONFIDENTIAL ATTORNEYS' EYES ONLY) filed by Apple Inc..(Moore, David) (Entered: 09/14/2023) (3)
Sep 14, 2023 325 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections and Responses to Counterclaimants' Eighth Set of Requests for Production (Nos. 267-321) filed by Apple Inc..(Moore, David) (Entered: 09/14/2023) (3)
Sep 14, 2023 326 REDACTED VERSION of (301 in 1:22-cv-01377-MN-JLH, 324 in 1:22-cv-01378-MN-JLH) Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter brief by Apple Inc.. (Attachments: # 1 Redacted Exhibits A-K)(Moore, David) (Entered: 09/14/2023) (0)
Sep 13, 2023 318 SO ORDERED, re (316 in 1:22-cv-01377-MN-JLH, 339 in 1:22-cv-01378-MN-JLH) Plaintiff's Motion and Proposed Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices for September 13, 2023 and September 14, 2023. Signed by Judge Jennifer L. Hall on 9/13/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/13/2023) (3)
Sep 13, 2023 319 Joint MOTION to Amend Scheduling Order - filed by Apple Inc. Motions referred to Jennifer L. Hall.(Moore, David) Modified on 9/13/2023 (ceg). (Entered: 09/13/2023) (4)
Sep 13, 2023 320 MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices for September 14, 2023] - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 09/13/2023) (3)
Sep 13, 2023 321 SO ORDERED, re (343 in 1:22-cv-01378-MN-JLH, 320 in 1:22-cv-01377-MN-JLH) Plaintiff's Motion and Proposed Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices for September 14, 2023. Signed by Judge Jennifer L. Hall on 9/13/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/13/2023) (3)
Sep 13, 2023 322 REDACTED VERSION of (295 in 1:22-cv-01377-MN-JLH) Letter, by Masimo Corporation. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 7, # 5 Exhibit 8-10, # 6 Text of Proposed Order)(Haney, Megan) (Entered: 09/13/2023) (0)
Sep 13, 2023 323 Joint Letter to The Honorable Jennifer L. Hall from David E. Moore regarding September 14, 2023 Discovery Dispute Conference - re (295 in 1:22-cv-01377-MN-JLH, 318 in 1:22-cv-01378-MN-JLH) Letter, (319 in 1:22-cv-01378-MN-JLH, 296 in 1:22-cv-01377-MN-JLH) Letter. (Moore, David) (Entered: 09/13/2023) (2)
Sep 12, 2023 314 ORDER granting Plaintiff's Motion and Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices. (C.A. 22-1377, D.I. 313; C.A. 22-1378, D.I. 336). Signed by Judge Jennifer L. Hall on 9/12/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/12/2023) (3)
Sep 12, 2023 315 NOTICE OF SERVICE of Defendant Masimo Corporation's Responses and Objections to Apple Inc.'s Fourth Set of Interrogatories (35-43) filed by Masimo Corporation.(Haney, Megan) (Entered: 09/12/2023) (4)
Sep 12, 2023 316 MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices for September 13, 2023 and September 14, 2023] - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Moore, David) (Entered: 09/12/2023) (3)
Sep 12, 2023 317 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC, and Cercacor Labs., Inc.'s Responses and Objections to Apple Inc.'s Ninth Set of Requests for Production of Documents and Things (339-356) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/12/2023) (4)
Sep 11, 2023 309 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Second Supplemental Objections and Responses to Defendants' and Counterclaimants' Fourth Set of Interrogatories to Apple Inc. (Nos. 24, 25) filed by Apple Inc..(Palapura, Bindu) (Entered: 09/11/2023) (3)
Sep 11, 2023 310 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter brief. (Moore, David) (Entered: 09/11/2023) (0)
Sep 11, 2023 311 [SEALED] Letter to the Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding response to Apple's Discovery Dispute Letter - re (319 in 1:22-cv-01378-MN-JLH, 296 in 1:22-cv-01377-MN-JLH) Letter. (Phillips, John) (Entered: 09/11/2023) (0)
Sep 11, 2023 312 [SEALED] DECLARATION re (310 in 1:22-cv-01377-MN-JLH, 333 in 1:22-cv-01378-MN-JLH) Letter [Declaration of Mark A. Ford in Support of Apple's Letter to The Honorable Jennifer L. Hall from David E. Moore] by Apple Inc.. (Attachments: # 1 Exhibit 1-5)(Moore, David) (Entered: 09/11/2023) (0)
Sep 11, 2023 313 MOTION AND PROPOSED ORDER GRANTING LIMITED EXEMPTION FROM THE STANDING ORDER REGARDING PERSONAL ELECTRONIC DEVICES - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 09/11/2023) (3)
Sep 8, 2023 302 ORAL ORDER: The parties' request for three hours to be reserved for the September 14, 2023 Markman hearing (C.A. 22-1377, D.I. 274; C.A. 22-1378, D.I. 296), is GRANTED. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Ordered by Judge Jennifer L. Hall on 9/8/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/08/2023) (0)
Sep 8, 2023 303 NOTICE OF SERVICE of Apple Inc.'s Response To Masimo Corporation And Sound United, LLC's Final Design Patent Invalidity Contentions [Confidential Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 09/08/2023) (3)
Sep 8, 2023 304 NOTICE OF SERVICE of Apple Inc.'s Third Supplemental Response To Defendants' First Set Of Interrogatories (No. 3) [Highly Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 09/08/2023) (3)
Sep 8, 2023 305 NOTICE of Lodging by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC (Attachments: # 1 Exhibit A)(Phillips, John) (Entered: 09/08/2023) (0)
Sep 8, 2023 306 REDACTED VERSION of (276 in 1:22-cv-01377-MN-JLH, 298 in 1:22-cv-01378-MN-JLH) Joint MOTION for Discovery Dispute Conference by Masimo Corporation, Sound United, LLC. (Haney, Megan) (Entered: 09/08/2023) (3)
Sep 8, 2023 307 NOTICE OF SERVICE of (1) Masimo Corporation, Sound United, LLC and Cercacor Labs, Inc.'s Responses and Objections to Apple Inc.'s Eighth Set of Requests for Production of Documents and Things (319-338); and (2) Masimo Corporation, Sound United LLC and Cercacor Laboratories' Second Supplemental Responses and Objections to Apple Inc.'s Third Set of Interrogatories (No. 30) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/08/2023) (4)
Sep 8, 2023 308 REDACTED VERSION of (308 in 1:22-cv-01378-MN-JLH, 285 in 1:22-cv-01377-MN-JLH) Letter by Masimo Corporation. (Haney, Megan) (Entered: 09/08/2023) (30)
Sep 7, 2023 297 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections And Responses To Counter-Claimants' Seventh Set Of Requests For Production (Nos. 248-266) filed by Apple Inc..(Palapura, Bindu) (Entered: 09/07/2023) (3)
Sep 7, 2023 298 MOTION for Leave to File a Motion for Partial Stay - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)Motions referred to Jennifer L. Hall.(Phillips, John) (Entered: 09/07/2023) (0)
Sep 7, 2023 299 REDACTED VERSION of (291 in 1:22-cv-01378-MN-JLH, 271 in 1:22-cv-01377-MN-JLH) Notice of Filing Multi Media Materials, by Apple Inc.. (Palapura, Bindu) (Entered: 09/07/2023) (2)
Sep 7, 2023 300 MOTION for Pro Hac Vice Appearance of Attorney Lauren Ige, Cristina Salcedo, and Vinita Ferrera of Wilmer, Cutler, Pickering, Hale and Dorr LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 09/07/2023) (6)
Sep 7, 2023 301 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter brief - re (308 in 1:22-cv-01378-MN-JLH, 285 in 1:22-cv-01377-MN-JLH) Letter. (Attachments: # 1 Exhibit A-K)(Moore, David) (Entered: 09/07/2023) (0)
Sep 6, 2023 290 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Second Supplemental Initial Disclosures Pursuant To Fed. R. Civ. P. 26(a)(1) [Highly Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 09/06/2023) (3)
Sep 6, 2023 291 NOTICE OF SERVICE of Apple Inc.'s Notice Of Deposition Of Masimo Corporation, Sound United, LLC, And Cercacor Laboratories, Inc. Pursuant To Federal Rule Of Civil Procedure 30(b)(6) filed by Apple Inc..(Palapura, Bindu) (Entered: 09/06/2023) (3)
Sep 6, 2023 292 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections And Responses To Counterclaimants' Seventh Set Of Interrogatories (Nos. 37-38) [Highly Confidential - Attorneys' Eyes Only]; and Third Party Objections And Responses To Masimo's Notices Of Subpoena For: Anthony Ashcroft; Christopher Stringer; Daniel Coster; Daniele De Iuliis; Eugene Whang; Jeremy Bataillou; Jody Akana; Jonathan Ive; Julian Hoenig; Marc Newson; Matthew Rohrbach; Mikael Silvanto; Rico Zorkendorfer; Sung Ho-Tan; and Evans Hankey filed by Apple Inc..(Moore, David) (Entered: 09/06/2023) (3)
Sep 6, 2023 293 MOTION for Pro Hac Vice Appearance of Attorney Edward M. Cannon - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Edward M. Cannon)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 09/06/2023) (0)
Sep 6, 2023 294 NOTICE of Subpoena for Deposition of M. Evans Hankey by Masimo Corporation, Sound United, LLC (Haney, Megan) (Entered: 09/06/2023) (9)
Sep 6, 2023 295 [SEALED] Letter to the Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Discovery Disputes - re (288 in 1:22-cv-01377-MN-JLH, 311 in 1:22-cv-01378-MN-JLH) Order,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(Phillips, John) (Entered: 09/06/2023) (0)
Sep 6, 2023 296 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding opening discovery dispute letter brief. (Attachments: # 1 Exhibit 1-21)(Moore, David) (Entered: 09/06/2023) (0)
Sep 5, 2023 288 ORAL ORDER: The Court has reviewed the Joint Motion for Discovery Dispute Conference (No. 22-1377, D.I. 276; No. 22-1378, D.I. 298) and the Motions for Conference to Resolve Discovery Disputes (No. 22-1377, D.I. 278, 280; No. 22-1378, D.I. 300, 302). The disputes shall be heard in person after the Markman hearing on September 14, 2023. By no later than September 6, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than September 11, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. As discussed during the last dispute teleconference, the Court will deduct the time spent resolving discovery disputes on September 14, 2023 from the parties' trial time; the Court will determine the amount of time to be allocated to each side. Ordered by Judge Jennifer L. Hall on 9/5/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 09/05/2023) (0)
Sep 5, 2023 289 NOTICE OF SERVICE of (1) Objections to Apple Inc.'s Subpoenas to Knobbe Martens for Deposition and Production of Documents; (2) Objections to Apple Inc.'s Subpoena to Stephen Jensen for Deposition and Production of Documents; (3) Objections to Apple Inc.'s Subpoena to Jarom Kesler for Deposition and Production of Documents; and (4) Objections to Apple Inc.'s Subpoena to Harnik Shukla for Deposition and Production of Documents filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/05/2023) (4)
Sep 1, 2023 276 [SEALED] Joint MOTION for Discovery Dispute Conference - filed by Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 09/01/2023) (0)
Sep 1, 2023 277 REDACTED VERSION of (270 in 1:22-cv-01378-MN-JLH, 249 in 1:22-cv-01377-MN-JLH) Letter, by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 09/01/2023) (3)
Sep 1, 2023 278 MOTION for Conference to Resolve Discovery Disputes - filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Phillips, John) (Entered: 09/01/2023) (3)
Sep 1, 2023 279 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Deposition Notice to Apple Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/01/2023) (4)
Sep 1, 2023 280 MOTION for Conference to Resolve Discovery Disputes - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Moore, David) (Entered: 09/01/2023) (3)
Sep 1, 2023 281 REDACTED VERSION of (271 in 1:22-cv-01378-MN-JLH, 250 in 1:22-cv-01377-MN-JLH) Letter by Apple Inc.. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 09/01/2023) (0)
Sep 1, 2023 282 ORAL ORDER, The parties' discovery motions (C.A. No. 22-1377, D.I. 222; C.A. No. 22-1378, D.I. 239) are GRANTED-IN-PART and DENIED-IN-PART as stated during today's teleconference. Ordered by Judge Jennifer L. Hall on 9/1/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(twk) (Entered: 09/01/2023) (0)
Sep 1, 2023 283 NOTICE OF SERVICE of Notice Of 30(b)(1) Depositions For (1) Ammar Al-Ali; (2) Benjamin Triman; (3) Bilal Muhsin; (4) Blair Tripodi; (5) Chad De Jong; (6) Crystal Wei; (7) David Dalke; (8) David Tan; (9) Eric Kinast; (10) Franco Lodato; (11) Gerry Hammarth; (12) Greg Olsen; (13) Joe Kiani; (14) Jon Coleman; (15) Kohl Kaufman; (16) Kristen Budreau; (17) Kyla Kotcherha; (18) Mark Blake; (19) Matt Anacone; (20) Micah Young; (21) Mohammed Diab; (22) Naoki Kokawa; (23) Nicholas Barker; (24) Omar Ahmed; (25) Peter Koo; (26) Richard Priddell; (27) Rick Fishel; (28) Roger Wu; (29) Stephen Jensen; (30) Stephen Scruggs; (31) Sujin Hwang; (32) Tao Levy; (33) Tom Mcclenahan; (34) William Wilson; and (35) Yassir Abdul-Hafiz; and Fed. R. Civ. P. 45 Subpoenas To Testify Upon (1) Robert Smith; and (2) Devesh Menawat filed by Apple Inc..(Palapura, Bindu) (Entered: 09/01/2023) (3)
Sep 1, 2023 284 MOTION for Pro Hac Vice Appearance of Attorney Daniel P. Hughes - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Daniel P. Hughes)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 09/01/2023) (0)
Sep 1, 2023 285 [SEALED] Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Discovery Dispute. (Attachments: # 1 Exhibits 1-5, 7-12)(Phillips, John) (Entered: 09/01/2023) (0)
Sep 1, 2023 286 MOTION for Pro Hac Vice Appearance of Attorney Carol Pitzel Cruz - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Carol Pitzel Cruz)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 09/01/2023) (0)
Sep 1, 2023 287 NOTICE OF SERVICE of (1) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Aditya Dua; (2) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Brian Land; (3) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Eric Jue; (4) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Erno Klaassen; (5) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Evan Doll; (6) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Jackie Harlow; (7) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Mark Rollins; (8) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Paul Mannheimer; (9) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Saahil Mehra; (10) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Tao Shui; (11) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Ueyn Block; and (12) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Vivek Venugopal filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 09/01/2023) (4)
Aug 31, 2023 268 MOTION for Pro Hac Vice Appearance of Attorney Ryan G. Thorne of Desmarais LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 08/31/2023) (4)
Aug 31, 2023 269 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections And Responses To Counterclaimants' Sixth Set Of Interrogatories (Nos. 31-36) [Highly Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/31/2023) (3)
Aug 31, 2023 270 Letter to The Honorable Jennifer L. Hall from Megan C. Haney regarding enclosing the parties' joint tutorial on the technology at issue. (Haney, Megan) (Entered: 08/31/2023) (1)
Aug 31, 2023 271 [SEALED] NOTICE of filing the following Non-Paper material(s) in multi media format: Joint Appendix to Joint Claim Construction Brief for Apple Patents. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Bindu Ann George Palapura on behalf of Apple Inc. (Palapura, Bindu) (Entered: 08/31/2023) (0)
Aug 31, 2023 272 NOTICE of Subpoena for Deposition of Bruce Sewell by Masimo Corporation, Sound United, LLC (Haney, Megan) (Entered: 08/31/2023) (9)
Aug 31, 2023 273 JOINT CLAIM CONSTRUCTION BRIEF FOR APPLE ASSERTED PATENTS filed by Apple Inc.. (Palapura, Bindu) (Entered: 08/31/2023) (30)
Aug 31, 2023 274 Joint Letter to The Honorable Jennifer L. Hall from Megan C. Haney regarding Length of Construction Claim Hearing. (Haney, Megan) (Entered: 08/31/2023) (1)
Aug 31, 2023 275 NOTICE OF SERVICE of Masimo Corporation and Sound United, LLC's Final Non-Infringement Contentions filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/31/2023) (4)
Aug 30, 2023 262 NOTICE OF SERVICE of (1) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Fletcher R. Rothkopf; (2) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of William M. Tyler; (3) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Steven C. Roach; (4) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Erik G. de Jong; (5) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Zhipeng Zhang; (6) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Michael B. Wittenberg; (7) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Adam T. Clavelle; and (8) Defendants Masimo Corporation and Sound United, LLC's Notice of Deposition of Sameer Pandya filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/30/2023) (4)
Aug 30, 2023 263 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Laboratories's First Supplemental Responses and Objections to Apple Inc.'s Third Set of Interrogatories (15) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/30/2023) (4)
Aug 30, 2023 264 NOTICE of Subpoena for Deposition of Steven P. Cardinali by Masimo Corporation, Sound United, LLC (Haney, Megan) (Entered: 08/30/2023) (9)
Aug 30, 2023 265 NOTICE of Subpoena for Deposition of Taido L. Nakajima by Masimo Corporation, Sound United, LLC (Haney, Megan) (Entered: 08/30/2023) (9)
Aug 30, 2023 266 NOTICE of Subpoena for Deposition of Tobias J. Harrison-Noonan by Masimo Corporation, Sound United, LLC (Haney, Megan) (Entered: 08/30/2023) (9)
Aug 30, 2023 267 NOTICE of Subpoena for Deposition of Martin Melcher by Masimo Corporation, Sound United, LLC (Haney, Megan) (Entered: 08/30/2023) (9)
Aug 29, 2023 254 MOTION for Pro Hac Vice Appearance of Attorney Brian C. Claassen and Mark Lezama - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Brian C. Claassen, # 2 Certification of Mark Lezama)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 08/29/2023) (0)
Aug 29, 2023 255 NOTICE of Subpoenas to GMYLE by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 29, 2023 256 NOTICE of Subpoenas to Garmin International, Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 29, 2023 257 NOTICE of Subpoenas to Contec Medical Systems USA Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 29, 2023 258 NOTICE of Subpoenas to LG Electronics U.S.A., Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 29, 2023 259 NOTICE of Subpoenas to Verily Life Sciences, LLC by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 29, 2023 260 NOTICE of Subpoenas to Secret Labs, LLC by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 29, 2023 261 NOTICE of Subpoenas to Intel, Inc. by Masimo Corporation, Sound United, LLC (Phillips, John) (Entered: 08/29/2023) (30)
Aug 28, 2023 251 ORAL ORDER Setting Hearing: The Court has reviewed the Joint Motion for Conference to Resolve Discovery Disputes (No. 22-1377, D.I. 242; No. 22-1378, D.I. 261). The disputes shall be heard in person after the Markman hearing on September 14, 2023. By no later than September 1, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than September 7, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. The Court may choose to resolve the disputes prior to the hearing. Ordered by Judge Jennifer L. Hall on 08/28/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(smg) (Entered: 08/28/2023) (0)
Aug 28, 2023 252 NOTICE OF SERVICE of Plaintiff Apple Inc.'s First Supplemental Initial Disclosures Pursuant To Fed. R. Civ. P. 26(a)(1) [Highly Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Moore, David) (Entered: 08/28/2023) (3)
Aug 28, 2023 253 REDACTED VERSION of (251 in 1:22-cv-01378-MN-JLH, 233 in 1:22-cv-01377-MN-JLH) Letter,, by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibits 12-13, # 13 Exhibit 14, # 14 Proposed Order)(Phillips, John) (Entered: 08/28/2023) (0)
Aug 25, 2023 249 [SEALED] Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding response to Apple's August 21, 2023 Letter to the Court regarding Masimo's response to Apple's Interrogatory No. 2. D.I. 234 in Case No. 22-1377; D.I. 252 in Case No. 22-1378. (Phillips, John) (Entered: 08/25/2023) (0)
Aug 25, 2023 250 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter brief - re (251 in 1:22-cv-01378-MN-JLH, 233 in 1:22-cv-01377-MN-JLH) Letter,,. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 08/25/2023) (0)
Aug 24, 2023 243 NOTICE OF SERVICE of Plaintiff Apple Inc.'s First Supplemental Objections And Responses To Defendants' And Counterclaimants' Fourth Set Of Interrogatories To Apple Inc. (Nos. 25) [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/24/2023) (3)
Aug 24, 2023 244 REDACTED VERSION of (252 in 1:22-cv-01378-MN-JLH, 234 in 1:22-cv-01377-MN-JLH) Letter by Apple Inc.. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 08/24/2023) (0)
Aug 24, 2023 245 NOTICE OF SERVICE of Defendants' and Counterclaimants' Sur-Reply Claim Construction Brief filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/24/2023) (4)
Aug 24, 2023 246 NOTICE OF SERVICE of Apple Inc.'s Sur-Reply Claim Construction Brief filed by Apple Inc..(Moore, David) (Entered: 08/24/2023) (3)
Aug 24, 2023 247 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections and Responses to Counterclaimants' Sixth Set of Requests for Production (Nos. 237-247) filed by Apple Inc..(Moore, David) (Entered: 08/24/2023) (3)
Aug 24, 2023 248 NOTICE OF SERVICE of Masimo Corporation and Sound United, LLC's Final Design Patent Invalidity Contentions filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/24/2023) (4)
Aug 23, 2023 237 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Laboratories' Responses and Objections to Apple Inc.'s Third Set of Interrogatories (15-34) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/23/2023) (4)
Aug 23, 2023 238 NOTICE OF SERVICE of 1) Masimo Corporation, Sound United, LLC, and Cercacor Labs., Inc.'s Eighth Set of Requests for Production to Apple Inc. (267-321); (2) Masimo Corporation, Sound United, LLC, and Cercacor Labs., Inc.'s Second Set of Requests for Admission to Plaintiff Apple Inc. (7-89); and (3) Masimo Corporation, Sound United, LLC, and Cercacor Labs., Inc.'s Eighth Set of Interrogatories to Plaintiff Apple, Inc. (39-49) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/23/2023) (4)
Aug 23, 2023 239 NOTICE OF SERVICE of Notices of Deposition of (1) Adrian Perica; (2) Afshad Mistri; (3) Axel Jessen; (4) Cameron Pilling; (5) David Amor; (6) Deidre Caldbeck; (7) Divya Nag; (8) Jeff Myers; (9) Jeff Williams; (10) Kevin Lynch; (11) Quin Hoellwarth; (12) Rachel King; (13) Robert Mansfield; (14) Steve Hotelling; (15) Steven Waydo; and (16) Sumbul Desai filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/23/2023) (4)
Aug 23, 2023 240 NOTICE OF SERVICE of (1) Notice of Deposition of Bartley Andre; (2) Notice of Deposition of Benjamin Shaffer; (3) Notice of Deposition of Clement Tissandier; (4) Notice of Deposition of Duncan Kerr; (5) Notice of Deposition of Julian Jaede; (6) Notice of Deposition of M. Evans Hankey; (7) Notice of Deposition of Marine Bataille; (8) Notice of Deposition of Markus Diebel; (9) Notice of Deposition of Molly Anderson; (10) Notice of Deposition of Peter Russell-Clarke; (11) Notice of Deposition of Richard Howarth; (12) Notice of Deposition of Shota Aoyagi; (13) Notice of Subpoena for Deposition of Anthony Ashcroft; (14) Notice of Subpoena for Deposition of Christopher Stringer; (15) Notice of Subpoena for Deposition of Daniel Coster; (16) Notice of Subpoena for Deposition of Danielle de Iuliis; (17) Notice of Subpoena for Deposition of Eugene Whang; (18) Notice of Subpoena for Deposition of Jeremy Bataillou; (19) Notice of Subpoena for Deposition of Jody Akana; (20) Notice of Subpoena for Deposition of Jonathan Ive; (21) Notice of Subpoena for Deposition of Julian Hoenig; (22) Notice of Subpoena for Deposition of Marc Newson; (23) Notice of Subpoena for Deposition of Matthew Rohrbach; (24) Notice of Subpoena for Deposition of Mickael Silvanto; (25) Notice of Subpoena for Deposition of Rico Zorkendorfer; and (26) Notice of Subpoena for Deposition of Sung Ho-Tan filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/23/2023) (4)
Aug 23, 2023 241 NOTICE OF SERVICE of Apple Inc.'s Sixth Set Of Interrogatories (Nos. 45-46); Plaintiff Apple Inc.'s Fourth Set Of Requests For Admission (Nos. 89-114) [Confidential-Attorneys' Eyes Only]; and Plaintiff Apple Inc.'s Ninth Set Of Requests For The Production Of Documents And Things (Nos. 339 356) [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/23/2023) (3)
Aug 23, 2023 242 Joint MOTION for Conference to Resolve Discovery Disputes - filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 08/23/2023) (3)
Aug 22, 2023 236 NOTICE OF SERVICE of Apple Inc.'s Second Supplemental Response To Defendants' First Set Of Interrogatories (No. 3) [Highly Confidential Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/22/2023) (3)
Aug 21, 2023 232 NOTICE OF SERVICE of Apple Inc.'s Fifth Set of Interrogatories (No. 44); Apple Inc.'s Eighth Set of Requests for the Production of Documents and Things (Nos. 319-338); and Plaintiff Apple Inc.'s Third Set of Requests for Admission (Nos. 23-88) filed by Apple Inc..(Palapura, Bindu) (Entered: 08/21/2023) (3)
Aug 21, 2023 233 [SEALED] Letter to the Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Discovery Disputes - re (225 in 1:22-cv-01377-MN-JLH, 242 in 1:22-cv-01378-MN-JLH) Order Setting Teleconference,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Text of Proposed Order)(Phillips, John) (Entered: 08/21/2023) (0)
Aug 21, 2023 234 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding opening discovery dispute. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 08/21/2023) (0)
Aug 21, 2023 235 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections and Responses to Counterclaimants' Fifth Set of Requests for Production (Nos. 211-236) [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/21/2023) (3)
Aug 18, 2023 230 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Final Identification Of Asserted Design Patents And Accused Products, and Apple's Final Infringement Contention For Apple's Asserted Design Patents [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Main Document 230 replaced on 8/22/2023) (ceg). (Entered: 08/18/2023) (3)
Aug 18, 2023 231 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Reply Claim Construction Brief, and Counter-Defendant Apple Inc.'s Final Supplemental Identification of Invalidity References filed by Apple Inc..(Palapura, Bindu) (Main Document 231 replaced on 8/22/2023) (ceg). (Entered: 08/18/2023) (3)
Aug 17, 2023 227 NOTICE OF SERVICE of Defendant Masimo Corporation and Sound United, LLC's First Set of Requests for Admission to Plaintiff Apple Inc. (1-6) filed by Masimo Corporation, Sound United, LLC.(Phillips, John) (Entered: 08/17/2023) (4)
Aug 17, 2023 228 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Second Supplemental Objections And Responses To Defendants' Second Set Of Interrogatories (Nos. 7, 10) [Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/17/2023) (3)
Aug 17, 2023 229 NOTICE OF SERVICE of (1) Masimo Corporation and Cercacor Laboratories, Inc.'s Final Infringement Contentions (2) Defendants' and Counterclaimants' Reply Claim Construction Brief; and (3) Masimo Corporation and Sound United, LLC's Final Identification of Invalidity References filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Phillips, John) (Entered: 08/17/2023) (4)
Aug 16, 2023 225 ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Protective Order and Discovery Disputes (C.A. 22-1377, D.I. 222; C.A. 22-1378, D.I. 239). A discovery dispute teleconference is scheduled for September 1, 2023 at 1:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than August 21, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than August 25, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Gregory_Gramling@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 8/16/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) Modified on 8/16/2023 (ceg). (Entered: 08/16/2023) (0)
Aug 16, 2023 226 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Seventh Set of Requests for Production to Apple Inc. (248-266) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Phillips, John) (Entered: 08/16/2023) (4)
Aug 14, 2023 223 NOTICE OF SERVICE of Plaintiff Apple Inc.'s First Supplemental Response To Defendants' Second Set Of Interrogatories (Nos. 11-15) [Confidential-Attorneys' Eyes Only]; and Plaintiff Apple Inc.'s Fourth Set Of Interrogatories (Nos. 35-43) filed by Apple Inc..(Palapura, Bindu) (Entered: 08/14/2023) (3)
Aug 14, 2023 224 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Responses and Objections to Apple Inc.'s Seventh Set of Requests for Production of Documents and Things (310-318) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Phillips, John) (Entered: 08/14/2023) (4)
Aug 11, 2023 220 NOTICE OF SERVICE of Apple Inc.'s Responsive Claim Construction Brief With Exhibits filed by Apple Inc..(Moore, David) (Entered: 08/11/2023) (3)
Aug 11, 2023 221 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC, and Cercacor Labs., Inc.'s Responses and Objections to Apple Inc.'s Sixth Set of Requests for Production of Documents and Things (257-309) filed by Sound United, LLC.(Haney, Megan) (Entered: 08/11/2023) (4)
Aug 11, 2023 222 MOTION for Teleconference to Resolve Protective Order and Discovery Disputes - filed by Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall. (Haney, Megan) Modified on 8/16/2023 (ceg). (Entered: 08/11/2023) (3)
Aug 10, 2023 218 MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw of Desmarais LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 08/10/2023) (3)
Aug 10, 2023 219 NOTICE OF SERVICE of Defendants' and Counterclaimants' Answering Claim Construction Brief filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/10/2023) (4)
Aug 8, 2023 216 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Response To Defendants Masimo Corporation And Sound United, LLC's Fifth Set Of Interrogatories To Apple Inc. (Nos. 29-30) filed by Apple Inc..(Moore, David) (Entered: 08/08/2023) (3)
Aug 8, 2023 217 REDACTED VERSION of (207 in 1:22-cv-01377-MN-JLH, 218 in 1:22-cv-01378-MN-JLH) Letter by Apple Inc.. (Attachments: # 1 Exhibit 1-5)(Moore, David) (Entered: 08/08/2023) (0)
Aug 3, 2023 212 ORAL ORDER: The parties' discovery motions (C.A. No. 22-1377, D.I. 180, 193; C.A. No. 22-1378, D.I. 180, 196) are GRANTED-IN-PART and DENIED-IN-PART as stated at today's hearing. Ordered by Judge Jennifer L. Hall on 8/3/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 08/03/2023) (0)
Aug 3, 2023 213 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Sixth Set of Requests for Production to Apple (237-247) and Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Seventh Set of Interrogatories to Apple Inc. (37-38) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 08/03/2023) (4)
Aug 3, 2023 214 NOTICE OF SERVICE of Apple Inc.'s First Supplemental Response To Defendants' First Set Of Interrogatories (Nos. 1 and 3) [Highly Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 08/03/2023) (2)
Aug 3, 2023 215 NOTICE OF SERVICE of Plaintiff Apple Inc.'s First Supplemental Response To Defendants' And Counterclaimants' Third Set Of Interrogatories (No. 19) [Confidential Attorneys' Eyes Only]; and Plaintiff Apple Inc.'s First Supplemental Objections And Responses To Defendants' And Counterclaimants' Third Set Of Interrogatories (No. 23) filed by Apple Inc..(Palapura, Bindu) (Entered: 08/03/2023) (3)
Aug 2, 2023 209 ORDER granting Plaintiff's Motion and Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices. (C.A. 22-1377, D.I. 208; C.A. 22-1378, D.I. 219). Signed by Judge Jennifer L. Hall on 8/2/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 08/02/2023) (3)
Aug 2, 2023 210 REDACTED VERSION of (204 in 1:22-cv-01378-MN-JLH, 196 in 1:22-cv-01377-MN-JLH) Letter, by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit A)(Phillips, John) (Entered: 08/02/2023) (0)
Aug 2, 2023 211 REDACTED VERSION of (197 in 1:22-cv-01377-MN-JLH, 205 in 1:22-cv-01378-MN-JLH) Letter, by Apple Inc.. (Attachments: # 1 Exhibit A-G)(Moore, David) (Entered: 08/02/2023) (0)
Aug 1, 2023 206 MOTION for Pro Hac Vice Appearance of Attorney Lydia Turnage of Wilmer Cutler Pickering Hale and Dorr LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 08/01/2023) (3)
Aug 1, 2023 207 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter - re (203 in 1:22-cv-01377-MN-JLH, 213 in 1:22-cv-01378-MN-JLH) Letter,. (Attachments: # 1 Exhibit 1-5)(Moore, David) (Entered: 08/01/2023) (0)
Aug 1, 2023 208 MOTION and Proposed Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices - filed by Apple Inc. Motions referred to Jennifer L. Hall. (Palapura, Bindu) Modified on 8/2/2023 (ceg). (Entered: 08/01/2023) (3)
Jul 31, 2023 205 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Sixth Set of Interrogatories to Apple Inc. (31-36) and Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Fifth Set of Requests for Production to Apple Inc. (211-236) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 07/31/2023) (4)
Jul 28, 2023 199 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Opening Claim Construction Brief with Exhibits 1-12 filed by Apple Inc..(Palapura, Bindu) (Entered: 07/28/2023) (3)
Jul 28, 2023 200 REDACTED VERSION of (192 in 1:22-cv-01378-MN-JLH, 189 in 1:22-cv-01377-MN-JLH) Letter, by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibits 6-8, # 7 Proposed Order)(Phillips, John) (Entered: 07/28/2023) (0)
Jul 28, 2023 201 REDACTED VERSION of (188 in 1:22-cv-01377-MN-JLH) Letter, (191 in 1:22-cv-01378-MN-JLH) Letter to The Honorable Jennifer L. Hall from David E. Moore and Exhibits 1-7 by Apple Inc.. (Attachments: # 1 Exhibit 1-7)(Palapura, Bindu) (Entered: 07/28/2023) (0)
Jul 28, 2023 202 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Responses and Objections to Apple Inc.'s Fifth Set of Requests for Production of Documents and Things (213-256) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 07/28/2023) (4)
Jul 28, 2023 203 Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Masimo's Interrogatory No. 3 to Apple and Privilege-Waiver Deadline. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Phillips, John) (Entered: 07/28/2023) (0)
Jul 28, 2023 204 PROPOSED ORDER re (203 in 1:22-cv-01377-MN-JLH, 213 in 1:22-cv-01378-MN-JLH) Letter, by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 07/28/2023) (2)
Jul 27, 2023 198 MOTION for Pro Hac Vice Appearance of Attorney Eli Balsam, Christian Dorman, Patrick Reilly, and Marie Weisfeiler of Desmarais LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 07/27/2023) (7)
Jul 26, 2023 196 [SEALED] Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding answering discovery dispute letter - re (188 in 1:22-cv-01377-MN-JLH) Letter, (191 in 1:22-cv-01378-MN-JLH) Letter. (Attachments: # 1 Exhibit A)(Phillips, John) (Entered: 07/26/2023) (0)
Jul 26, 2023 197 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding response to Masimo's July 21, 2023 letter - re (192 in 1:22-cv-01378-MN-JLH, 189 in 1:22-cv-01377-MN-JLH) Letter,. (Attachments: # 1 Exhibit A-G)(Moore, David) (Entered: 07/26/2023) (0)
Jul 25, 2023 194 NOTICE OF SERVICE of Apple Inc.'s Seventh Set of Requests for the Production of Documents and Things (Nos. 310-318) filed by Apple Inc..(Palapura, Bindu) (Entered: 07/25/2023) (3)
Jul 25, 2023 195 ORAL ORDER: The Court has reviewed the Joint Motion for Conference to Resolve Discovery Disputes (C.A. 22-1377, D.I. 193; C.A. 22-1388, D.I. 196). These disputes will be heard at the August 3, 2023 conference. By no later than July 28, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed two pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than August 1, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed two pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Ordered by Judge Jennifer L. Hall on 7/25/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/25/2023) (0)
Jul 24, 2023 190 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Sixth Set of Requests for the Production of Documents and Things (Nos. 257-309) filed by Apple Inc..(Palapura, Bindu) (Entered: 07/24/2023) (3)
Jul 24, 2023 191 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Third Set of Interrogatories (Nos. 15-34) [Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 07/24/2023) (3)
Jul 24, 2023 192 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs., Inc.'s Responses and Objections to Apple Inc.'s Fourth Set of Requests for Production of Documents and Things (127-212) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 07/24/2023) (3)
Jul 24, 2023 193 Joint MOTION for Conference to Resolve Discovery Disputes - filed by Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Haney, Megan) (Main Document 193 replaced on 7/24/2023) (ceg). (Entered: 07/24/2023) (3)
Jul 21, 2023 187 REPLY to Response to Motion re 184 MOTION to Dismiss for Failure to State a Claim [Plaintiff and Counterclaim-Defendant Apple Inc.'s Motion to Dismiss and Strike Sound United's Answer and Counterclaims] filed by Apple Inc.. (Moore, David) (Entered: 07/21/2023) (3)
Jul 21, 2023 188 [SEALED] Letter to The Honorable Jennifer L. Hall from David E. Moore regarding Regarding Discovery Disputes. (Attachments: # 1 Exhibit Exhibits 1-7)(Moore, David) (Entered: 07/21/2023) (0)
Jul 21, 2023 189 [SEALED] Letter to the Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Discovery Disputes - re (181 in 1:22-cv-01377-MN-JLH, 181 in 1:22-cv-01378-MN-JLH) Order Setting Teleconference,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Text of Proposed Order)(Phillips, John) (Entered: 07/21/2023) (0)
Jul 19, 2023 186 ANSWERING BRIEF in Opposition re 184 MOTION to Dismiss for Failure to State a Claim [Plaintiff and Counterclaim-Defendant Apple Inc.'s Motion to Dismiss and Strike Sound United's Answer and Counterclaims] filed by Sound United, LLC.Reply Brief due date per Local Rules is 7/26/2023. (Phillips, John) (Entered: 07/19/2023) (4)
Jul 18, 2023 179 NOTICE OF SERVICE of Masimo Corporation and Sound United, LLC's First Supplemental Design Patent Invalidity Contentions filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 07/18/2023) (2)
Jul 18, 2023 180 Joint MOTION for In-Person Conference to Resolve Discovery Disputes - filed by Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Phillips, John) (Entered: 07/18/2023) (3)
Jul 18, 2023 181 ORAL ORDER Setting Conference: The Court has reviewed the Joint Motion for In-Person Conference to Resolve Discovery Disputes (C.A. 22-1377, D.I. 180; C.A. 22-1378, D.I. 180). An in-person discovery dispute conference is scheduled for August 3, 2023 at 10:00 AM Eastern Time before Judge Jennifer L. Hall in courtroom TBD. By no later than July 21, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than July 26, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. The Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 7/18/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/18/2023) (0)
Jul 18, 2023 182 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Response To Defendants Masimo Corporation And Sound United, LLC's Fourth Set Of Interrogatories To Apple Inc. (Nos. 24-28) [Confidential - Attorneys' Eyes Only] filed by Apple Inc..(Moore, David) (Entered: 07/18/2023) (3)
Jul 18, 2023 183 NOTICE OF SERVICE of Notice Of Subpoenas Upon Third Parties For Production Of Documents And Things And For Deposition Testimony [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Moore, David) (Entered: 07/18/2023) (3)
Jul 18, 2023 184 MOTION to Dismiss for Failure to State a Claim [Plaintiff and Counterclaim-Defendant Apple Inc.'s Motion to Dismiss and Strike Sound United's Answer and Counterclaims] - filed by Apple Inc.. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 07/18/2023) (0)
Jul 18, 2023 185 NOTICE OF SERVICE of Supplemental Declaration Of Pedro Irazoqui In Support Of Apple's July 13, 2023 Letter To The Honorable Jennifer L. Hall From David E. Moore filed by Apple Inc..(Moore, David) (Entered: 07/18/2023) (3)
Jul 14, 2023 175 SO ORDERED, re (167 in 1:22-cv-01378-MN-JLH, 171 in 1:22-cv-01377-MN-JLH) Stipulated Order for Discovery of Electronically Stored Information ("ESI"). Signed by Judge Jennifer L. Hall on 7/14/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/14/2023) (9)
Jul 14, 2023 176 REPLY BRIEF re 158 MOTION to Dismiss Based upon [Plaintiff and Counterclaim-Defendant Apple Inc.'s Renewed Motion to Dismiss and Strike] filed by Apple Inc.. (Moore, David) (Entered: 07/14/2023) (3)
Jul 14, 2023 177 ORAL ORDER: Masimo's discovery motion (CA 22-1377, D.I. 159; CA 22-1378, D.I. 154) is GRANTED-IN-PART and DENIED-IN-PART as stated at today's hearing. Ordered by Judge Jennifer L. Hall on 7/14/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/14/2023) (0)
Jul 14, 2023 178 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's Responses to Apple Inc.'s Second Set of Requests for Admission (9-22) filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 07/14/2023) (3)
Jul 13, 2023 171 PROPOSED Stipulated Order for Discovery of Electronically Stored Information ("ESI") by Apple Inc. (Moore, David) Modified on 7/13/2023 (ceg). (Entered: 07/13/2023) (9)
Jul 13, 2023 172 Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter brief - re (170 in 1:22-cv-01377-MN-JLH, 166 in 1:22-cv-01378-MN-JLH) Letter,. (Attachments: # 1 Exhibit A)(Moore, David) (Entered: 07/13/2023) (0)
Jul 13, 2023 173 JOINT Claim Construction Chart by Apple Inc. (Attachments: # 1 Exhibit A - Joint Claim Construction Chart, # 2 Exhibit B - Part 1 of 4, # 3 Exhibit B - Part 2 of 4, # 4 Exhibit B - Part 3 of 4, # 5 Exhibit B - Part 4 of 4, # 6 Exhibit C)(Moore, David) Modified on 7/14/2023 (ceg). (Attachment 1 replaced on 7/14/2023) (ceg). (Entered: 07/13/2023) (0)
Jul 13, 2023 174 ANSWERING BRIEF in Opposition re 158 MOTION to Dismiss Based upon [Plaintiff and Counterclaim-Defendant Apple Inc.'s Renewed Motion to Dismiss and Strike] filed by Masimo Corporation, Sound United, LLC.Reply Brief due date per Local Rules is 7/20/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Phillips, John) (Entered: 07/13/2023) (0)
Jul 12, 2023 167 MOTION for Pro Hac Vice Appearance of Attorney Bethany Stevens and Hannah Cannom of Walker Stevens Cannom LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 07/12/2023) (4)
Jul 12, 2023 168 MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices] - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 07/12/2023) (3)
Jul 12, 2023 169 SO ORDERED, granting (164 in 1:22-cv-01378-MN-JLH, 168 in 1:22-cv-01377-MN-JLH) Plaintiff's Motion and Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices. Signed by Judge Jennifer L. Hall on 7/12/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/12/2023) (3)
Jul 12, 2023 170 Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding discovery dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Proposed Order)(Phillips, John) (Entered: 07/12/2023) (0)
Jul 11, 2023 166 ORAL ORDER: Due to a scheduling conflict the in-person discovery dispute conference scheduled for July 14, 2023, will now start at 1:00 PM in Courtroom 6C. Ordered by Judge Jennifer L. Hall on 7/11/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/11/2023) (0)
Jul 10, 2023 161 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC and Counterclaimants Masimo Corporation and Cercacor Labs, Inc.'s Fourth Set of Requests for Production to Apple Inc. (185-210) and Defendants Masimo Corporation and Sound United, LLC and Counterclaimants Masimo Corporation and Cercacor Labs, Inc.'s Fifth Set of Interrogatories to Apple Inc. (29-30) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 07/10/2023) (2)
Jul 10, 2023 162 REDACTED VERSION of (143 in 1:22-cv-01378-MN-JLH, 148 in 1:22-cv-01377-MN-JLH) Letter, by Sound United, LLC. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 07/10/2023) (0)
Jul 10, 2023 163 REDACTED VERSION of (150 in 1:22-cv-01377-MN-JLH, 145 in 1:22-cv-01378-MN-JLH) Declaration, by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 07/10/2023) (3)
Jul 10, 2023 164 ORDER ADOPTING (124 in 1:22-cv-01378-MN-JLH, 131 in 1:22-cv-01377-MN-JLH) REPORT AND RECOMMENDATION DENYING (13) Motion to Dismiss in case 1:22-cv-01378-MN-JLH and DENYING (29) Motion to Dismiss in case 1:22-cv-01377-MN-JLH. Signed by Judge Maryellen Noreika on 7/10/2023. (dlw) (Entered: 07/10/2023) (3)
Jul 10, 2023 165 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Fifth Set of Requests for Production of Documents and Things (Nos. 213-256) filed by Apple Inc..(Palapura, Bindu) (Entered: 07/10/2023) (3)
Jul 7, 2023 157 ORDER granting Plaintiff's Motion and Order Granting Limited Exemption from the Standing Order regarding Personal Electronic Devices. (C.A. 22-1377, D.I. 152; C.A. 22-1378, D.I. 147). Signed by Judge Jennifer L. Hall on 7/7/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 07/07/2023) (3)
Jul 7, 2023 158 MOTION to Dismiss Based upon [Plaintiff and Counterclaim-Defendant Apple Inc.'s Renewed Motion to Dismiss and Strike] - filed by Apple Inc.. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 07/07/2023) (0)
Jul 7, 2023 159 MOTION for Teleconference to resolve protective order dispute - filed by Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Phillips, John) (Entered: 07/07/2023) (2)
Jul 7, 2023 160 ORAL ORDER: The parties' discovery motions (C.A. 22-1377, D.I. 140; CA 22-1378, D.I. 134) are GRANTED-IN-PART and DENIED-IN-PART as stated at today's hearing. Apple's Motion to Reissue the Report and Recommendation (C.A. 22-1377, D.I. 145; C.A. 22-1378, D.I. 140) is DENIED. The Court will take up Apple's Renewed Motion to Dismiss and Strike (C.A. 22-1377, D.I. 158; C.A. 22-1378, D.I. 153) in due course, as stated at the hearing on July 7, 2023. The Court has reviewed the Motion for Teleconference to Resolve Protective Order Dispute (C.A. 22-1377, D.I. 159; C.A. 22-1378, D.I. 154). An in-person discovery dispute conference is scheduled for July 14, 2023 at 3:30 PM Eastern Time before Judge Jennifer L. Hall in courtroom TBD. By no later than July 12, 2023, the part(ies) seeking relief shall file with the Court a letter, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than July 13, 2023, any part(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. The parties' letters should also address any issues not resolved at the July 7, 2023 hearing that the parties are unable to resolve after an additional meet-and-confer. Counsel is reminded to provide courtesy copies. The Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 7/7/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) Modified on 7/7/2023 (ceg). (Entered: 07/07/2023) (0)
Jul 6, 2023 153 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey Scott Seddon, II, Amy I. Wann, Raymond N. Habbaz, Lee Matalon, and Taeg Sang Cho, Ph.D. of Desmarais LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 07/06/2023) (7)
Jul 6, 2023 154 MOTION for Pro Hac Vice Appearance of Attorney Kyle Curry, Maria Tartakovsky, and David J. Cho, Ph.D. of Desmarais LLP - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Palapura, Bindu) (Entered: 07/06/2023) (6)
Jul 6, 2023 155 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections and Responses to Defendants' and Counterclaimants' Third Set of Interrogatories (Nos. 19-23) [Confidential Attorney's Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 07/06/2023) (3)
Jul 6, 2023 156 REDACTED VERSION of (143 in 1:22-cv-01377-MN-JLH, 138 in 1:22-cv-01378-MN-JLH) Letter,, by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1-21)(Phillips, John) (Entered: 07/06/2023) (0)
Jul 5, 2023 151 ANSWER to 1 Complaint with Jury Demand , COUNTERCLAIM against Apple Inc. by Sound United, LLC.(Phillips, John) (Entered: 07/05/2023) (30)
Jul 5, 2023 152 MOTION and Proposed Order Granting Limited Exemption from the Standing Order Regarding Personal Electronic Devices - filed by Apple Inc. Motions referred to Jennifer L. Hall. (Palapura, Bindu) Modified on 7/6/2023 (ceg). (Entered: 07/05/2023) (3)
Jul 3, 2023 148 [SEALED] Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding answering discovery dispute letter brief - re (142 in 1:22-cv-01377-MN-JLH, 137 in 1:22-cv-01378-MN-JLH) Letter. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 07/03/2023) (0)
Jul 3, 2023 149 Letter to The Honorable Jennifer L. Hall from David E. Moore regarding responsive discovery dispute letter brief - re (143 in 1:22-cv-01377-MN-JLH, 138 in 1:22-cv-01378-MN-JLH) Letter,,. (Moore, David) (Entered: 07/03/2023) (6)
Jul 3, 2023 150 [SEALED] DECLARATION re (143 in 1:22-cv-01378-MN-JLH, 148 in 1:22-cv-01377-MN-JLH) Letter, Declaration Of Bilal Muhsin In Support Of Masimos July 3, 2023 Letter To The Honorable Jennifer L. Hall From John C. Phillips, Jr. by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 07/03/2023) (0)
Jun 30, 2023 146 NOTICE OF SERVICE of Apple Inc.'s Proposed Claim Constructions For Asserted Patents, Counter-Defendant Apple Inc.'s Identification Of Preliminary Claim Constructions, and Plaintiff Apple Inc.'s Objections And Responses To Defendants' Second Set Of Interrogatories (Nos. 6-18) [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Moore, David) (Entered: 06/30/2023) (3)
Jun 30, 2023 147 NOTICE OF SERVICE of Apple Inc.'s Fourth Set Of Requests For The Production Of Documents And Things (Nos. 127-212) [Confidential Attorney's Eyes Only] filed by Apple Inc..(Moore, David) (Entered: 06/30/2023) (3)
Jun 29, 2023 142 Letter to The Honorable Jennifer L. Hall from David E. Moore regarding opening discovery dispute letter brief. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-K)(Moore, David) (Entered: 06/29/2023) (0)
Jun 29, 2023 143 [SEALED] Letter to the Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Discovery Disputes - re (141 in 1:22-cv-01377-MN-JLH) Order Setting Teleconference,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Text of Proposed Order)(Phillips, John) (Entered: 06/29/2023) (0)
Jun 29, 2023 144 NOTICE OF SERVICE of Counter-Claimants Masimo Corporation and Cercacor Labs., Inc. Identification of Patent Terms for Construction and Proposed Constructions filed by Cercacor Laboratories, Inc., Masimo Corporation.(Phillips, John) (Entered: 06/29/2023) (3)
Jun 29, 2023 145 Unopposed MOTION to Reissue the Report and Recommendation re (131 in 1:22-cv-01377-MN-JLH, 124 in 1:22-cv-01378-MN-JLH) - filed by Apple Inc. (Attachments: # 1 Text of Proposed Order) Motions referred to Jennifer L. Hall. (Moore, David) Modified on 6/30/2023 (ceg). (Entered: 06/29/2023) (0)
Jun 26, 2023 141 ORAL ORDER Setting Conference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (C.A. 22-1377, D.I. 140; C.A. 22-1378, D.I. 134). An in-person discovery dispute conference is scheduled for July 7, 2023 at 3:30 PM Eastern Time before Judge Jennifer L. Hall in courtroom TBD. By no later than June 29, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than July 3, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. The Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 6/26/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/26/2023) (0)
Jun 23, 2023 136 ORAL ORDER: Having reviewed the parties' letters (No. 22-1377, D.I. 130, 134; No. 22-1378, D.I. 123, 127), it is HEREBY ORDERED that Masimo's Motions for Leave to Amend (No. 22-1377, D.I. 117; No. 22-1378, D.I. 109) are GRANTED. Masimo shall file its First Amended Answer and Counterclaims in each case no later than COB today. It is FURTHER ORDERED that the teleconference scheduled for June 23, 2023 at 4:00 PM (No. 22-1377, D.I. 126; No. 22-1378, D.I. 118) is CANCELLED. Ordered by Judge Jennifer L. Hall on 6/23/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/23/2023) (0)
Jun 23, 2023 137 MOTION for Pro Hac Vice Appearance of Attorney Kendall M. Loebbaka - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Kendall M. Loebbaka)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 06/23/2023) (0)
Jun 23, 2023 138 Amended ANSWER to 1 Complaint with Jury Demand Defendant Masimo Corporation's First Amended Answer to Complaint and Counterclaims, COUNTERCLAIM against Apple Inc. by Masimo Corporation.(Phillips, John) (Entered: 06/23/2023) (30)
Jun 23, 2023 139 ORAL ORDER re 54 : the Court DENIES as MOOT 54 Plaintiff's Motion to Dismiss Masimo Corporation's Inequitable Conduct Counterclaims and Strike Its Affirmative Defense as it relates to the original Answer and Counterclaims 31 , which is no longer the operative pleading. ORDERED by Judge Maryellen Noreika on 6/23/2023. (mdb) (Entered: 06/23/2023) (0)
Jun 23, 2023 140 Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Masimo Corporation, Sound United, LLC. Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 06/23/2023) (3)
Jun 22, 2023 134 Letter to The Honorable Jennifer L. Hall from David E. Moore regarding Apple's response regarding Masimo's Motion for Leave to Amend - re (123 in 1:22-cv-01378-MN-JLH, 130 in 1:22-cv-01377-MN-JLH) Letter,. (Moore, David) (Entered: 06/22/2023) (3)
Jun 22, 2023 135 NOTICE OF SERVICE of Apple Inc.'s Initial Response To Design Patent Invalidity Contentions filed by Apple Inc..(Palapura, Bindu) (Entered: 06/22/2023) (2)
Jun 21, 2023 133 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections And Responses To Defendants Third Set Of Requests For Production (Nos. 166-184) filed by Apple Inc..(Moore, David) (Entered: 06/21/2023) (3)
Jun 20, 2023 130 Letter to the Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Masimo's Motion for Leave to Amend - re (126 in 1:22-cv-01377-MN-JLH, 118 in 1:22-cv-01378-MN-JLH) Order Setting Teleconference,,,, (109 in 1:22-cv-01378-MN-JLH, 117 in 1:22-cv-01377-MN-JLH) Joint MOTION for Teleconference to Resolve Motion for Leave to Amend . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Phillips, John) (Entered: 06/20/2023) (0)
Jun 20, 2023 131 REPORT AND RECOMMENDATION: Having considered the briefing on the pending motions to dismiss and having conducted proceedings regarding the motions on June 15 and 20, 2023, I recommend the following: (1) Sound United, LLC's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (No. 22-1377, D.I. 29) should be DENIED; (2) Sound United, LLC's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (No. 22-1378, D.I. 13) should be DENIED; (3) Apple Inc.'s Motion to Dismiss Masimo Corporation's Inequitable Conduct Counterclaim and Strike its Affirmative Defense (No. 22-1377, D.I. 54) should be DENIED; and (4) Apple Inc.'s Motion to Dismiss Masimo Corporation's Counterclaims and Strike its Inequitable Conduct Affirmative Defense (No. 22-1378, D.I. 39) should be DENIED. The Court announced its report and recommendation from the bench on June 20, 2023. Objections to R&R due by 7/5/2023. Ordered by Judge Jennifer L. Hall on 6/20/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/20/2023) (0)
Jun 20, 2023 132 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's First Supplemental Response to Apple's First Set of Interrogatories (No. 1) and Defendants Masimo Corporation and Sound United, LLC's First Supplemental Response to Apple's Second Set of Interrogatories (Nos. 2-4) filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/20/2023) (3)
Jun 16, 2023 126 ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Motion for Leave to Amend (C.A. 22-1377, D.I. 117; C.A. 22-1378, D.I. 109). A discovery dispute teleconference is scheduled for June 23, 2023 at 4:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than noon on June 20, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than noon on June 22, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 6/16/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/16/2023) (0)
Jun 16, 2023 127 SO ORDERED, Stipulated Protective Order regarding the Disclosure and Use of Discovery Material (120 in 1:22-cv-01377-MN-JLH, 112 in 1:22-cv-01378-MN-JLH). Signed by Judge Jennifer L. Hall on 6/16/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/16/2023) (30)
Jun 16, 2023 128 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's and Counterclaimants Masimo Corporation and Cercacor Labs, Inc.'s Fourth Set of Interrogatories to Apple Inc. (24-28) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/16/2023) (3)
Jun 16, 2023 129 NOTICE OF SERVICE of First Supplemental Initial Disclosures of Defendants Masimo Corporation and Sound United, LLC and Counter-Claimants Masimo Corporation and Cercacor Laboratories, Inc. filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/16/2023) (3)
Jun 15, 2023 123 ORAL ORDER Setting Teleconference: A Telephone Conference is scheduled for June 20, 2023 at 12:00 PM, at which time the Court anticipates issuing its report and recommendation from the bench on the pending Motions to Dismiss (C.A. 22-1377, D.I. 29, 54; C.A. No. 22-1378, D.I. 13, 39). The parties shall call the Court's conference line at (877) 336-1829, access code: 7090640. Ordered by Judge Jennifer L. Hall on 6/15/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/15/2023) (0)
Jun 15, 2023 124 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs, Inc.'s Responses and Objections to Apple Inc.'s Third Set of Requests for Production of Documents and Things (97-126) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/15/2023) (3)
Jun 15, 2023 125 NOTICE OF SERVICE of Masimo Corporation and Sound United, LLC's Initial Non-Infringement Contentions filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/15/2023) (3)
Jun 14, 2023 119 SO ORDERED, (110 in 1:22-cv-01378-MN-JLH, 118 in 1:22-cv-01377-MN-JLH) Plaintiff's Motion and Order granting Limited Exemption from the Standing Order regarding Personal Electronic Devices. Signed by Judge Jennifer L. Hall on 6/14/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/14/2023) (3)
Jun 14, 2023 120 PROPOSED Stipulated Protective Order regarding the Disclosure and Use of Discovery Material by Apple Inc. (Moore, David) Modified on 6/14/2023 (ceg). (Entered: 06/14/2023) (30)
Jun 14, 2023 121 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections and Responses to Defendants' Second Set of Requests for Production (Nos. 50-165) filed by Apple Inc..(Moore, David) (Entered: 06/14/2023) (3)
Jun 14, 2023 122 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Second Set of Requests for Admission (Nos. 9-22) filed by Apple Inc..(Palapura, Bindu) (Entered: 06/14/2023) (3)
Jun 13, 2023 117 Joint MOTION for Teleconference to Resolve Motion for Leave to Amend - filed by Masimo Corporation. Motions referred to Jennifer L. Hall.(Phillips, John) (Entered: 06/13/2023) (2)
Jun 13, 2023 118 MOTION [Plaintiff's Motion And Proposed Order Granting Limited Exemption From The Standing Order Regarding Personal Electronic Devices] re (113 in 1:22-cv-01377-MN-JLH, 104 in 1:22-cv-01378-MN-JLH) Order Setting Hearing on Motion, - filed by Apple Inc.. Motions referred to Jennifer L. Hall.(Moore, David) (Entered: 06/13/2023) (3)
Jun 9, 2023 116 NOTICE OF SERVICE of Masimo Corporation, Sound United, LLC and Cercacor Labs, Inc.'s Responses and Objections to Apple Inc.'s Second Set of Requests for Production of Documents and Things (56-96) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/09/2023) (3)
Jun 8, 2023 115 NOTICE OF SERVICE of Masimo Corporation and Sound United, LLC's Initial Design Patent Invalidity Contentions filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/08/2023) (3)
Jun 6, 2023 114 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's and Counterclaimants Masimo Corporation and Cercacor Labs, Inc.'s Third Set of Interrogatories to Apple Inc. (19-23) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 06/06/2023) (3)
Jun 5, 2023 113 ORAL ORDER Setting Hearing on Motions: A hearing on the pending Motions to Dismiss (C.A. 22-1377, D.I. 29, 54; C.A. No. 22-1378, D.I. 13, 39) is scheduled for June 15, 2023 at 10:00 AM Eastern Time before Judge Jennifer L. Hall in courtroom 2B. Each side will be allocated 15 minutes for argument. Ordered by Judge Jennifer L. Hall on 6/5/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/05/2023) (0)
Jun 1, 2023 112 ORAL ORDER: IT IS HEREBY ORDERED that the pending protective order dispute motions (C.A. No. 22-1377, D.I. 99; C.A. No. 22-1378, D.I. 87) are GRANTED-IN-PART and DENIED-IN-PART for the reasons explained during the teleconference. Ordered by Judge Jennifer L. Hall on 6/1/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 06/01/2023) (0)
May 30, 2023 110 Letter to The Honorable Jennifer L. Hall from John C. Phillips, Jr. regarding Masimo's Answering Letter Brief Concerning Protective Order Disputes. (Attachments: # 1 Attachments)(Phillips, John) (Entered: 05/30/2023) (0)
May 30, 2023 111 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's and Counterclaimants Masimo Corporation and Cercacor Labs, Inc.'s Second Set of Interrogatories to Apple Inc. (6-18) and of Defendants Masimo Corporation and Sound United, LLC's and Counterclaimant Cercacor's Third Set of Requests for Production to Apple Inc. (166-184) filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 05/30/2023) (3)
May 26, 2023 108 NOTICE OF SERVICE of Apple's Preliminary Infringement Contentions with Exhibits A1-D3 filed by Apple Inc..(Moore, David) (Entered: 05/26/2023) (2)
May 26, 2023 109 Letter to The Honorable Jennifer L. Hall from David E. Moore regarding Apple Inc.'s Letter Brief In Support of Joint Motion to Resolve Protective Order Disputes. (Attachments: # 1 Exhibit A-I)(Moore, David) Modified on 5/26/2023 (ceg). (Entered: 05/26/2023) (0)
May 25, 2023 103 SCHEDULING ORDER: Joinder of Parties due by 6/13/2023. Amended Pleadings due by 6/13/2023. Joint Claim Construction Brief due by 8/31/2023. A Markman Hearing is set for 9/14/2023 at 10:00 AM before Judge Jennifer L. Hall in courtroom TBD. Fact Discovery completed by 9/21/2023. Expert Discovery due by 11/17/2023. Interim Status Report due by 11/9/2023. Dispositive Motions due by 11/22/2023. A Case Management Conference is set for 1/16/2024 at 03:00 PM before Judge Jennifer L. Hall in courtroom TBD. Pretrial Conference and Trial dates will be set for a date to be determined. (*See Order for complete details). Signed by Judge Jennifer L. Hall on 5/25/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 05/25/2023) (16)
May 25, 2023 104 ORAL ORDER: The parties' dispute over a proposed cross-use agreement (C.A. No. 22-1377, D.I. 95; C.A. No. 22-1378, D.I. 83) will be heard at the discovery teleconference currently scheduled for June 1, 2023. Ordered by Judge Jennifer L. Hall on 5/25/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 05/25/2023) (0)
May 25, 2023 105 NOTICE OF SERVICE of Defendants' and Counter-Claimants' Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 05/25/2023) (3)
May 25, 2023 106 NOTICE OF SERVICE of Masimo Corporation and Cercacor Laboratories, Inc.'s Initial Infringement Contentions filed by Cercacor Laboratories, Inc., Masimo Corporation.(Haney, Megan) (Entered: 05/25/2023) (3)
May 25, 2023 107 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by Apple Inc..(Moore, David) (Entered: 05/25/2023) (3)
May 24, 2023 100 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's Second Set of Requests for Production to Apple Inc. (50-165) filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 05/24/2023) (3)
May 24, 2023 101 ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Protective Order Disputes (C.A. No. 22-1377, D.I. 99; C.A. No. 22-1378, D.I. 87). A discovery dispute teleconference is scheduled for June 1, 2023 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. By no later than May 26, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than May 30, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 5/24/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 05/24/2023) (0)
May 24, 2023 102 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Production of Core Technical Documents and Sales Figures [Confidential-Attorneys' Eyes Only] filed by Apple Inc..(Palapura, Bindu) (Entered: 05/24/2023) (3)
May 22, 2023 99 MOTION for Teleconference to Resolve Protective Order Disputes - filed by Apple Inc. Motions referred to Jennifer L. Hall. (Moore, David) Modified on 5/22/2023 (ceg). (Entered: 05/22/2023) (3)
May 17, 2023 98 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to May 22, 2023 - filed by Apple Inc.. (Moore, David) (Entered: 05/17/2023) (2)
May 15, 2023 96 NOTICE OF SERVICE of (1) Disclosures of Counter-Claimants Masimo Corporation and Cercacor Laboratories, Inc. Pursuant to Paragraph 7(a) of the Scheduling Order; and (2) Initial Disclosures of Defendants Masimo Corporation and Sound United, LLC and Counter-Claimants Masimo Corporation and Cercacor Laboratories, Inc. filed by Cercacor Laboratories, Inc., Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 05/15/2023) (3)
May 15, 2023 97 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Initial Disclosures Pursuant To Fed. R. Civ. P. 26(A)(1), and Plaintiff Apple Inc.'s Preliminary Identification Of Asserted Patents And Accused Products filed by Apple Inc..(Palapura, Bindu) (Entered: 05/15/2023) (3)
May 12, 2023 95 Joint Letter to The Honorable Jennifer L. Hall from David E. Moore regarding Scheduling Order. (Attachments: # 1 Exhibit 1 - Proposed Scheduling Order)(Moore, David) (Entered: 05/12/2023) (0)
May 5, 2023 94 ORAL ORDER: As explained during the Telephonic Scheduling Conference today: Plaintiff's Motion for an Expedited Trial (No. 22-1377, D.I. 44) is DENIED; Defendants' Motions to Consolidate (No. 22-1377, D.I. 61; No. 22-1378, D.I. 47) are DENIED without prejudice to renew at the case management conference in January 2024; Plaintiff's Motion to [Sever and Stay] (No. 22-1378, D.I. 34) is DENIED without prejudice to renew at the case management conference in January 2024; and Plaintiff's Motion to Stay Discovery Pending Resolution of Motion to Dismiss (No. 22-1378, D.I. 58) is DENIED. On or before May 12, 2023, the parties shall file a revised proposed scheduling order consistent with the Court's guidance during the teleconference. Ordered by Judge Jennifer L. Hall on 5/5/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 05/05/2023) (0)
May 4, 2023 93 ORAL ORDER: Having reviewed the parties' "request for guidance from the Court on which, if any, of the[ir nine pending] motions the Court would like the parties to address at the scheduling conference," the Court GUIDES as follows: The Court does not intend to hear argument on the parties' motions to dismiss and strike at the scheduling conference; those motions will be considered and resolved in due course. At the scheduling conference, the Court intends to discuss its plan to get these cases to trial to obtain their just and speedy resolution, while conserving the resources of the parties as well as the limited resources of the court. The Court's plan may impact, in whole or in part, the pending motions to stay discovery, to expedite, to sever and stay, and to consolidate. Ordered by Judge Jennifer L. Hall on 5/4/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 05/04/2023) (0)
May 1, 2023 92 Joint Letter to The Honorable Jennifer L. Hall from David E. Moore regarding May 5, 2023 Scheduling Conference - re 86 Order Setting Scheduling Conference,,. (Attachments: # 1 Appendix A)(Moore, David) (Entered: 05/01/2023) (0)
Apr 28, 2023 90 MOTION for Pro Hac Vice Appearance of Attorney Douglas B. Wentzel - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Douglas B. Wentzel)Motions referred to Jennifer L. Hall.(Haney, Megan) (Entered: 04/28/2023) (0)
Apr 28, 2023 91 Unopposed MOTION for Extension of Time to Submit Joint Status Letter to May 1, 2023 - filed by Apple Inc. Motions referred to Jennifer L. Hall. (Moore, David) Modified on 4/29/2023 (ceg). (Entered: 04/28/2023) (2)
Apr 25, 2023 89 REQUEST for Oral Argument by Apple Inc. re 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense. (Palapura, Bindu) (Entered: 04/25/2023) (2)
Apr 18, 2023 87 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Objections and Responses to Defendants' First Set of Requests for Production (Nos 1-49); and Plaintiff Apple Inc.'s Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-5) filed by Apple Inc..(Brown, Andrew) (Entered: 04/18/2023) (3)
Apr 18, 2023 88 REPLY BRIEF re 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense filed by Apple Inc.. (Palapura, Bindu) (Entered: 04/18/2023) (15)
Apr 12, 2023 86 ORAL ORDER Setting Telephonic Scheduling Conference: A Scheduling Conference is scheduled for May 5, 2023 at 10:00 AM before Judge Jennifer L. Hall. The parties shall call the Court's conference line at (877) 336-1829, access code: 7090640. On or before April 28, 2023, the parties shall file a joint letter listing the pending litigations between the parties, a short description of what those litigations are about, and when the parties anticipate a final decision in those litigations. Ordered by Judge Jennifer L. Hall on 4/12/2023. Associated Cases: 1:22-cv-01377-MN-JLH, 1:22-cv-01378-MN-JLH(ceg) (Entered: 04/12/2023) (0)
Mar 30, 2023 85 REQUEST for Oral Argument by Masimo Corporation, Sound United, LLC re 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense. (Phillips, John) (Entered: 03/30/2023) (3)
Mar 28, 2023 83 ANSWERING BRIEF in Opposition re 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense filed by Masimo Corporation, Sound United, LLC.Reply Brief due date per Local Rules is 4/4/2023. (Phillips, John) (Entered: 03/28/2023) (28)
Mar 28, 2023 84 DECLARATION re 83 Answering Brief in Opposition of Brian Horne by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Phillips, John) (Entered: 03/28/2023) (0)
Mar 27, 2023 82 Joint Letter to The Honorable Jennifer L. Hall from David E. Moore regarding Proposed Scheduling Order. (Attachments: # 1 Exhibit 1)(Moore, David) Modified on 3/27/2023 (ceg). (Entered: 03/27/2023) (0)
Mar 24, 2023 81 REQUEST for Oral Argument by Masimo Corporation, Sound United, LLC re (61 in 1:22-cv-01377-MN-JLH) MOTION to Consolidate Cases , (47 in 1:22-cv-01378-MN-JLH) MOTION to Consolidate Cases . (Phillips, John) (Entered: 03/24/2023) (2)
Mar 23, 2023 80 REQUEST for Oral Argument by Apple Inc. re 61 MOTION to Consolidate Cases . (Palapura, Bindu) (Entered: 03/23/2023) (2)
Mar 17, 2023 78 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's Responses and Objections to Apple's Second Set of Interrogatories (2-4) and Defendants Masimo Corporation and Sound United, LLC's Responses and Objections to Apple's First Set of Requests for Production of Documents (1-27) filed by Masimo Corporation, Sound United, LLC.(Phillips, John) (Entered: 03/17/2023) (3)
Mar 17, 2023 79 REPLY BRIEF re 61 MOTION to Consolidate Cases filed by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 03/17/2023) (16)
Mar 16, 2023 77 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's First Set of Interrogatories to Apple Inc. (1-5) and Defendants Masimo Corporation and Sound United, LLC's First Set of Requests for Production to Apple Inc. (1-48) filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 03/16/2023) (3)
Mar 10, 2023 72 REQUEST for Oral Argument by Masimo Corporation, Sound United, LLC re 44 MOTION to Expedite // Plaintiff Apple Inc.'s Motion for an Expedited Trial. (Phillips, John) (Entered: 03/10/2023) (3)
Mar 10, 2023 73 REDACTED VERSION of 65 Reply Brief by Apple Inc.. (Palapura, Bindu) (Entered: 03/10/2023) (18)
Mar 10, 2023 74 ORAL ORDER: This matter was referred to Judge Hall to hear and resolve all pre-trial matters up to and including expert discovery (D.I. 64 ) on March 2, 2023. The Court's February 23, 2023 Oral Order is modified as follows: The proposed scheduling order, currently due on or before March 27, 2023, should be consistent with Judge Hall's "Rule 16 Scheduling Order - Patent" up through and including paragraph number 15 (i.e., up to but not including case dispositive motions) and consistent with paragraphs 15-22 of Judge Noreika's "Patent Scheduling Order (non-ANDA)". The parties shall also file a letter, not to exceed three pages, setting forth (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order; and (c) a list of any other issues the parties want to address at the Rule 16 Scheduling Conference. Thereafter, the Court may schedule a Rule 16 Scheduling Conference to be held with Judge Hall. Except for those modifications, the rest of the Court's February 23, 2023 Oral Order remains in force. The Scheduling Orders can be found on Judge Hall's and Judge Noreika's portions of the District Court's website. Ordered by Judge Jennifer L. Hall on 3/10/2023. (ceg) (Entered: 03/10/2023) (0)
Mar 10, 2023 75 ANSWERING BRIEF in Opposition re 61 MOTION to Consolidate Cases filed by Apple Inc..Reply Brief due date per Local Rules is 3/17/2023. (Moore, David) (Entered: 03/10/2023) (27)
Mar 10, 2023 76 DECLARATION re (56 in 1:22-cv-01378-MN-JLH) Answering Brief in Opposition, (75 in 1:22-cv-01377-MN-JLH) Answering Brief in Opposition [Declaration of Jordan N. Malz] by Apple Inc.. (Attachments: # 1 Exhibit 1-4)(Moore, David) (Entered: 03/10/2023) (0)
Mar 9, 2023 71 Letter to The Honorable Maryellen Noreika from John C. Phillips, Jr. regarding the parties do not consent to Judge Hall's jurisdiction in any capacity - re (64 in 1:22-cv-01377-MN-JLH, 49 in 1:22-cv-01378-MN-JLH) Order Referring Case to Magistrate Judge,,,,,. (Phillips, John) (Entered: 03/09/2023) (1)
Mar 3, 2023 65 [SEALED] REPLY BRIEF re 44 MOTION to Expedite // Plaintiff Apple Inc.'s Motion for an Expedited Trial filed by Apple Inc.. (Palapura, Bindu) (Entered: 03/03/2023) (0)
Mar 3, 2023 66 Supplemental DECLARATION of Kerri-Ann Limbeek re 65 Reply Brief by Apple Inc. (Attachments: # 1 Exhibit S-Y)(Palapura, Bindu) Modified on 3/9/2023 (dlw). (Entered: 03/03/2023) (0)
Mar 3, 2023 67 DECLARATION of Benjamin N. Luehrs re 65 Reply Brief by Apple Inc. (Attachments: # 1 Exhibit 1-10)(Palapura, Bindu) Modified on 3/9/2023 (dlw). (Entered: 03/03/2023) (0)
Mar 3, 2023 68 REDACTED VERSION of 58 Answering Brief in Opposition, by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 03/03/2023) (27)
Mar 3, 2023 69 REDACTED VERSION of 59 Declaration, by Masimo Corporation, Sound United, LLC. (Phillips, John) (Entered: 03/03/2023) (30)
Mar 3, 2023 70 REQUEST for Oral Argument by Apple Inc. re 44 MOTION to Expedite // Plaintiff Apple Inc.'s Motion for an Expedited Trial. (Palapura, Bindu) (Entered: 03/03/2023) (2)
Mar 2, 2023 64 ORAL ORDER REFERRING CASE to Magistrate Judge Jennifer L. Hall - IT IS HEREBY ORDERED that this case and the pending motions are referred to Magistrate Judge Jennifer L. Hall to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 22-1377-MN-JLH or 22-1378-MN-JLH. The Court requests that the parties consider consenting to Judge Hall's jurisdiction over this case (or alternatively, over the pending motions). Thus, IT IS FURTHER ORDERED that, should the parties consent to Judge Hall's jurisdiction over the case or the pending motions, they should complete the appropriate attached form and email it to diana_welham@ded.uscourts.gov. If the parties do not consent to Judge Hall's jurisdiction in any capacity, they shall file a letter stating such no later than 3/9/2023. The letter should in no way inform the Court which party or parties declined to consent. ORDERED by Judge Maryellen Noreika on 3/2/2023. (Attachments: # 1 Consent - Motion) Motions referred to Jennifer L. Hall.(dlw) (Entered: 03/02/2023) (0)
Feb 24, 2023 58 [SEALED] ANSWERING BRIEF in Opposition re 44 MOTION to Expedite // Plaintiff Apple Inc.'s Motion for an Expedited Trial filed by Masimo Corporation, Sound United, LLC.Reply Brief due date per Local Rules is 3/3/2023. (Phillips, John) (Entered: 02/24/2023) (0)
Feb 24, 2023 59 [SEALED] DECLARATION of Joe Kiani re 58 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Phillips, John) Modified on 2/24/2023 (dlw). (Entered: 02/24/2023) (0)
Feb 24, 2023 60 DECLARATION of Brian Horne re 58 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17, # 6 Exhibit 18, # 7 Exhibit 19, # 8 Exhibit 20, # 9 Exhibit 21, # 10 Exhibit 22, # 11 Exhibit 23, # 12 Exhibit 24, # 13 Exhibit 25, # 14 Exhibit 26, # 15 Exhibit 27, # 16 Exhibit 28, # 17 Exhibit 29, # 18 Exhibit 30, # 19 Exhibit 31)(Phillips, John) Modified on 2/24/2023 (dlw). (Entered: 02/24/2023) (0)
Feb 24, 2023 61 MOTION to Consolidate Cases - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Proposed Order)(Phillips, John) (Entered: 02/24/2023) (0)
Feb 24, 2023 62 OPENING BRIEF in Support re 61 MOTION to Consolidate Cases filed by Masimo Corporation, Sound United, LLC.Answering Brief/Response due date per Local Rules is 3/10/2023. (Phillips, John) (Entered: 02/24/2023) (14)
Feb 24, 2023 63 DECLARATION of Brian Horne re 62 Opening Brief in Support, 61 MOTION to Consolidate Cases by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1)(Phillips, John) Modified on 2/27/2023 (dlw). (Entered: 02/24/2023) (0)
Feb 23, 2023 57 ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 2/23/2023. (dlw) (Entered: 02/23/2023) (0)
Feb 21, 2023 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense for Failure to State a Claim - filed by Apple Inc. (Attachments: # 1 Text of Proposed Order)(Moore, David) Modified on 2/21/2023 (dlw). (Entered: 02/21/2023) (0)
Feb 21, 2023 55 OPENING BRIEF in Support re 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense for Failure to State a Claim filed by Apple Inc. Answering Brief/Response due date per Local Rules is 3/7/2023. (Moore, David) Modified on 2/21/2023 (dlw). (Entered: 02/21/2023) (26)
Feb 21, 2023 56 DECLARATION of Jamie L. Kringstein re 54 MOTION to Dismiss Inequitable Conduct Counterclaim and Strike Affirmative Defense for Failure to State a Claim by Apple Inc. (Attachments: # 1 Exhibit 1-4)(Moore, David) Modified on 2/21/2023 (dlw). (Entered: 02/21/2023) (0)
Feb 16, 2023 53 NOTICE OF SERVICE of Plaintiff Apple Inc.'s Second Set of Interrogatories to Defendants (Nos. 2-4), and Plaintiff Apple Inc.'s First Set of Requests for the Production of Documents and Things (Nos. 1-27) filed by Apple Inc..(Brown, Andrew) (Entered: 02/16/2023) (3)
Feb 13, 2023 52 MOTION for Pro Hac Vice Appearance of Attorney Benjamin A. Katzenellenbogen - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Benjamin A. Katzenellenbogen)(Haney, Megan) (Entered: 02/13/2023) (0)
Feb 10, 2023 50 REDACTED VERSION of 45 Opening Brief in Support by Apple Inc.. (Moore, David) (Entered: 02/10/2023) (29)
Feb 10, 2023 51 REDACTED VERSION of 46 Declaration by Apple Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-J, # 3 Exhibit K-M, # 4 Exhibit N-R)(Moore, David) (Entered: 02/10/2023) (0)
Feb 8, 2023 48 STIPULATION TO EXTEND TIME for Defendants to file their Answering Brief in Opposition to Plaintiff Apple Inc.'s Motion for an Expedited Trial (D.I. 45) to February 24, 2023 - filed by Masimo Corporation, Sound United, LLC. (Haney, Megan) (Entered: 02/08/2023) (2)
Feb 8, 2023 49 MOTION for Pro Hac Vice Appearance of Attorney Jennifer Milici, Dominic Vote, Leon B. Greenfield, and Mark A. Ford of Wilmer Cutler Pickering Hale and Dorr LLP - filed by Apple Inc.. (Moore, David) (Entered: 02/08/2023) (6)
Feb 3, 2023 44 MOTION to Expedite // Plaintiff Apple Inc.'s Motion for an Expedited Trial] - filed by Apple Inc. (Attachments: # 1 Statement Under LR 7.1.1., # 2 Text of Proposed Order)(Moore, David) Modified on 2/6/2023 (dlw). (Entered: 02/03/2023) (0)
Feb 3, 2023 45 [SEALED] OPENING BRIEF in Support re 44 MOTION for an Expedited Trial filed by Apple Inc. Answering Brief/Response due date per Local Rules is 2/17/2023. (Moore, David) Modified on 2/6/2023 (dlw). (Entered: 02/03/2023) (0)
Feb 3, 2023 46 [SEALED] DECLARATION of Kerri-Ann Limbeek re 44 MOTION for an Expedited Trial by Apple Inc. (Attachments: # 1 Exhibit A-R)(Moore, David) Modified on 2/6/2023 (dlw). (Entered: 02/03/2023) (0)
Feb 3, 2023 47 NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 2 (YouTube video) to Exhibit K (Declaration of Eric Jue in Support of Apple Inc.s Motion for an Expedited Trial) (D.I. 46). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by David Ellis Moore on behalf of Apple Inc. (Moore, David) (Entered: 02/03/2023) (2)
Jan 31, 2023 43 REDACTED VERSION of 42 Declaration by Sound United, LLC. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 01/31/2023) (0)
Jan 24, 2023 41 REPLY BRIEF re 29 MOTION to Dismiss for Failure to State a Claim filed by Sound United, LLC. (Phillips, John) (Entered: 01/24/2023) (14)
Jan 24, 2023 42 [SEALED] DECLARATION of Brian Horne re 41 Reply Brief by Sound United, LLC. (Attachments: # 1 Exhibit 1)(Phillips, John) Modified on 1/25/2023 (dlw). (Entered: 01/24/2023) (0)
Jan 13, 2023 40 STIPULATION TO EXTEND TIME to file Reply Brief in Support of Motion to Dismiss to January 24, 2023 - filed by Sound United, LLC. (Haney, Megan) (Entered: 01/13/2023) (1)
Jan 12, 2023 39 NOTICE OF SERVICE of Defendants Masimo Corporation and Sound United, LLC's Responses and Objections to Apple's Interrogatory No. 1 filed by Masimo Corporation, Sound United, LLC.(Haney, Megan) (Entered: 01/12/2023) (2)
Jan 10, 2023 37 MOTION for Pro Hac Vice Appearance of Attorney Kerri-Ann Limbeek, Cosmin Maier, Jordan N. Malz, Benjamin N. Luehrs, Joze Welsh and Jamie L. Kringstein of Desmarais LLP - filed by Apple Inc.. (Palapura, Bindu) (Entered: 01/10/2023) (7)
Jan 10, 2023 38 ANSWERING BRIEF in Opposition re 29 MOTION to Dismiss for Failure to State a Claim filed by Apple Inc. Reply Brief due date per Local Rules is 1/17/2023. (Palapura, Bindu) Modified on 1/11/2023 (dlw). (Entered: 01/10/2023) (21)
Jan 9, 2023 36 Official Transcript of Teleconference held on 12/21/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/30/2023. Redacted Transcript Deadline set for 2/9/2023. Release of Transcript Restriction set for 4/10/2023. (dh) (Entered: 01/09/2023) (14)
Dec 28, 2022 35 STIPULATION TO EXTEND TIME Apple's time to respond (whether by answer or motion) to Masimo's Answer to Complaint and Counterclaims (D.I. 31), and any opposition thereto (if Apple responds by motion), and reply to 2/21/2023, 3/28/2023, and 4/18/2023 respectively - filed by Apple Inc.. (Palapura, Bindu) (Entered: 12/28/2022) (2)
Dec 21, 2022 34 MOTION for Pro Hac Vice Appearance of Attorney Jared C. Bunker - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Jared C. Bunker)(Haney, Megan) (Entered: 12/21/2022) (0)
Dec 20, 2022 33 STIPULATION TO EXTEND TIME for Plaintiff Apple Inc. to respond to Defendant Sound United, LLC's Motion to Dismiss to January 10, 2023 - filed by Apple Inc.. (Moore, David) (Entered: 12/20/2022) (1)
Dec 14, 2022 32 ORAL ORDER Setting TELEPHONIC Hearing on 6 MOTION to Expedite - IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 12/21/2022 at 02:00 PM before Judge Maryellen Noreika. The Court is setting aside thirty (30) minutes for the argument with the time split equally between the parties. Any slide presentations the parties wish to use during the argument shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's office within one (1) hour thereafter. The parties may, however, agree upon a different time to exchange their respective slides. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 12/14/2022. (dlw) (Entered: 12/14/2022) (0)
Dec 12, 2022 28 MOTION for Pro Hac Vice Appearance of Attorney Adam Powell - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Adam Powell)(Haney, Megan) (Entered: 12/12/2022) (0)
Dec 12, 2022 29 MOTION to Dismiss for Failure to State a Claim - filed by Sound United, LLC. (Attachments: # 1 Proposed Order)(Phillips, John) (Entered: 12/12/2022) (0)
Dec 12, 2022 30 OPENING BRIEF in Support re 29 MOTION to Dismiss for Failure to State a Claim filed by Sound United, LLC.Answering Brief/Response due date per Local Rules is 12/27/2022. (Phillips, John) (Entered: 12/12/2022) (12)
Dec 12, 2022 31 ANSWER to 1 Complaint with Jury Demand , COUNTERCLAIM against Apple Inc. by Masimo Corporation.(Phillips, John) (Entered: 12/12/2022) (30)
Dec 5, 2022 27 REDACTED VERSION of 24 Declaration by Apple Inc. (Attachments: # 1 Exhibit R-AF)(Moore, David) Modified on 12/5/2022 (dlw). (Entered: 12/05/2022) (0)
Nov 29, 2022 25 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Stephen W. Larson, # 2 Certification of Stephen C. Jensen, # 3 Certification of Joseph R. Re, # 4 Certification of Brian C. Horne)(Haney, Megan) (Entered: 11/29/2022) (Main Document) (1)
Nov 29, 2022 26 REQUEST for Oral Argument by Masimo Corporation, Sound United, LLC re 6 MOTION to Expedite. (Phillips, John) (Entered: 11/29/2022) (2)
Nov 29, 2022 25 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Stephen W. Larson, # 2 Certification of Stephen C. Jensen, # 3 Certification of Joseph R. Re, # 4 Certification of Brian C. Horne)(Haney, Megan) (Entered: 11/29/2022) (Certification of Stephen W. Larson) (1)
Nov 29, 2022 25 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Stephen W. Larson, # 2 Certification of Stephen C. Jensen, # 3 Certification of Joseph R. Re, # 4 Certification of Brian C. Horne)(Haney, Megan) (Entered: 11/29/2022) (Certification of Stephen C. Jensen) (1)
Nov 29, 2022 25 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Stephen W. Larson, # 2 Certification of Stephen C. Jensen, # 3 Certification of Joseph R. Re, # 4 Certification of Brian C. Horne)(Haney, Megan) (Entered: 11/29/2022) (Certification of Joseph R. Re) (1)
Nov 29, 2022 25 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne - filed by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Certification of Stephen W. Larson, # 2 Certification of Stephen C. Jensen, # 3 Certification of Joseph R. Re, # 4 Certification of Brian C. Horne)(Haney, Megan) (Entered: 11/29/2022) (Certification of Brian C. Horne) (1)
Nov 28, 2022 21 REDACTED VERSION of 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Haney, Megan) (Entered: 11/28/2022) (25)
Nov 28, 2022 22 REDACTED VERSION of 18 Declaration by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 24)(Haney, Megan) (Entered: 11/28/2022) (Main Document) (15)
Nov 28, 2022 23 REPLY BRIEF re 6 MOTION to Expedite filed by Apple Inc.. (Attachments: # 1 Statement Under Local Rule 7.1.1)(Moore, David) (Entered: 11/28/2022) (Main Document) (17)
Nov 28, 2022 24 [SEALED] DECLARATION of Peter C. Magic re 23 Reply Brief by Apple Inc. (Attachments: # 1 Exhibit R-Z, # 2 Exhibit AA-AF)(Moore, David) Modified on 11/28/2022 (dlw). (Entered: 11/28/2022) (0)
Nov 28, 2022 23 REPLY BRIEF re 6 MOTION to Expedite filed by Apple Inc.. (Attachments: # 1 Statement Under Local Rule 7.1.1)(Moore, David) (Entered: 11/28/2022) (Statement Under Local Rule 7.1.1) (1)
Nov 28, 2022 22 REDACTED VERSION of 18 Declaration by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 24)(Haney, Megan) (Entered: 11/28/2022) (Exhibit 24) (3)
Nov 17, 2022 14 [SEALED] ANSWERING BRIEF in Opposition re 6 MOTION to Expedite filed by Masimo Corporation, Sound United, LLC.Reply Brief due date per Local Rules is 11/28/2022. (Phillips, John) (Entered: 11/17/2022) (0)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Main Document) (15)
Nov 17, 2022 16 DECLARATION of Brian Horne (Volume 2 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Main Document) (1)
Nov 17, 2022 17 DECLARATION of Brian Horne (Volume 3 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Main Document) (1)
Nov 17, 2022 18 [SEALED] DECLARATION of Joe Kiani re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 24)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (0)
Nov 17, 2022 19 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Masimo Corporation. (Phillips, John) (Entered: 11/17/2022) (1)
Nov 17, 2022 20 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Masimo Corporation for Sound United, LLC filed by Sound United, LLC. (Phillips, John) (Entered: 11/17/2022) (1)
Nov 17, 2022 17 DECLARATION of Brian Horne (Volume 3 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 16) (30)
Nov 17, 2022 17 DECLARATION of Brian Horne (Volume 3 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 17) (30)
Nov 17, 2022 17 DECLARATION of Brian Horne (Volume 3 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 18) (7)
Nov 17, 2022 17 DECLARATION of Brian Horne (Volume 3 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 19) (3)
Nov 17, 2022 17 DECLARATION of Brian Horne (Volume 3 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 20) (9)
Nov 17, 2022 16 DECLARATION of Brian Horne (Volume 2 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 14) (30)
Nov 17, 2022 16 DECLARATION of Brian Horne (Volume 2 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 15) (30)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 1) (30)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 2) (4)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 3) (15)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 4) (15)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 5) (6)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 6) (30)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 7) (6)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 8) (30)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 9) (5)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 10) (30)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 11) (7)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 12) (10)
Nov 17, 2022 15 DECLARATION of Brian Horne (Volume 1 of 3) re 14 Answering Brief in Opposition by Masimo Corporation, Sound United, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Phillips, John) Modified on 11/17/2022 (dlw). (Entered: 11/17/2022) (Exhibit 13) (30)
Nov 8, 2022 13 Summons Returned Executed (2)
Docket Text: Alias SUMMONS Returned Executed by Apple Inc..Sound United, LLC served on 11/4/2022, answer due 12/12/2022. (Moore, David)
Nov 1, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [12] STIPULATION TO EXTEND TIME to (1) answer, move or otherwise respond to Complaint and (2) to file their answering brief in opposition to plaintiff's motion to expedite discovery to December 12, 2022 and November 17, 2022, respectively (Set/Reset Answer Deadlines: Masimo Corporation answer due 12/12/2022; Sound United, LLC answer due 12/12/2022. Set Briefing Schedule: re [6] MOTION to Expedite - Answering Brief due 11/17/2022). ORDERED by Judge Maryellen Noreika on 11/1/2022. (dlw)
Oct 31, 2022 12 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME (1) answer, move or otherwise respond to Complaint; and (2) to file their answering brief in opposition to plaintiff's motion to expedite discovery to December 12, 2022 and November 17, 2022, respectively - filed by Masimo Corporation, Sound United, LLC. (Phillips, John)
Oct 26, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney John M. Desmarais and Peter C. Magic for Apple Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:22-cv-01377-MN, 1:22-cv-01378-MN(mpb)
Oct 25, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:22-cv-01377-UNA, 1:22-cv-01378-UNA(nms)
Oct 25, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [9] MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais and Peter C. Magic of Desmarais LLP filed by Apple Inc. ORDERED by Judge Maryellen Noreika on 10/25/2022. (dlw)
Oct 21, 2022 9 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais and Peter C. Magic of Desmarais LLP - filed by Apple Inc.. (Palapura, Bindu)
Oct 21, 2022 10 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Apple Inc..Masimo Corporation served on 10/20/2022, answer due 11/10/2022. (Moore, David)
Oct 21, 2022 11 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Apple Inc..Sound United, LLC served on 10/20/2022, answer due 11/10/2022. (Moore, David)
Oct 20, 2022 1 Complaint* (1)
Oct 20, 2022 1 Complaint (Main Document) (30)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Masimo Corporation, Sound United, LLC ( Filing fee $ 402, receipt number ADEDC-3986890.) - filed by Apple Inc.. (Attachments: # (1) Exhibit A-E, # (2) Civil Cover Sheet) (vfm)
Oct 20, 2022 1 Complaint (Exhibit A-E) (30)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Masimo Corporation, Sound United, LLC ( Filing fee $ 402, receipt number ADEDC-3986890.) - filed by Apple Inc.. (Attachments: # (1) Exhibit A-E, # (2) Civil Cover Sheet) (vfm)
Oct 20, 2022 1 Complaint (Civil Cover Sheet) (2)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Masimo Corporation, Sound United, LLC ( Filing fee $ 402, receipt number ADEDC-3986890.) - filed by Apple Inc.. (Attachments: # (1) Exhibit A-E, # (2) Civil Cover Sheet) (vfm)
Oct 20, 2022 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm)
Oct 20, 2022 3 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D735,131 ;D962,936 ;D883,279 ;D947,842. (vfm)
Oct 20, 2022 4 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Apple Inc.. (vfm)
Oct 20, 2022 5 Summons Issued (Main Document) (2)
Docket Text: Summons Issued as to Masimo Corporation on 10/20/2022; Sound United, LLC on 10/20/2022. (Attachments: # (1) Summons Issued) (vfm)
Oct 20, 2022 5 Summons Issued (Summons Issued) (2)
Docket Text: Summons Issued as to Masimo Corporation on 10/20/2022; Sound United, LLC on 10/20/2022. (Attachments: # (1) Summons Issued) (vfm)
Oct 20, 2022 6 Motion to Expedite (Main Document) (2)
Docket Text: MOTION to Expedite Discovery - filed by Apple Inc.. (Attachments: # (1) Text of Proposed Order) (vfm)
Oct 20, 2022 6 Motion to Expedite (Text of Proposed Order) (1)
Docket Text: MOTION to Expedite Discovery - filed by Apple Inc.. (Attachments: # (1) Text of Proposed Order) (vfm)
Oct 20, 2022 7 Opening Brief in Support (Main Document) (24)
Docket Text: OPENING BRIEF in Support re [6] MOTION to Expedite Discovery filed by Apple Inc..Answering Brief/Response due date per Local Rules is 11/3/2022. (Attachments: # (1) Exhibit 1-3) (vfm)
Oct 20, 2022 7 Opening Brief in Support (Exhibit 1-3) (19)
Docket Text: OPENING BRIEF in Support re [6] MOTION to Expedite Discovery filed by Apple Inc..Answering Brief/Response due date per Local Rules is 11/3/2022. (Attachments: # (1) Exhibit 1-3) (vfm)
Oct 20, 2022 8 Declaration (Main Document) (4)
Docket Text: DECLARATION of Peter C. Magic re [6] MOTION to Expedite Discovery by Apple Inc. (Attachments: # (1) Exhibit A-D # (2) Exhibit E-F, # (3) Exhibit G-I, # (4) Exhibit J-Q) (vfm). Modified on 10/25/2022 (dlw).
Oct 20, 2022 8 Declaration (Exhibit A-D) (30)
Docket Text: DECLARATION of Peter C. Magic re [6] MOTION to Expedite Discovery by Apple Inc. (Attachments: # (1) Exhibit A-D # (2) Exhibit E-F, # (3) Exhibit G-I, # (4) Exhibit J-Q) (vfm). Modified on 10/25/2022 (dlw).
Oct 20, 2022 8 Declaration (Exhibit E-F) (30)
Docket Text: DECLARATION of Peter C. Magic re [6] MOTION to Expedite Discovery by Apple Inc. (Attachments: # (1) Exhibit A-D # (2) Exhibit E-F, # (3) Exhibit G-I, # (4) Exhibit J-Q) (vfm). Modified on 10/25/2022 (dlw).
Oct 20, 2022 8 Declaration (Exhibit G-I) (30)
Docket Text: DECLARATION of Peter C. Magic re [6] MOTION to Expedite Discovery by Apple Inc. (Attachments: # (1) Exhibit A-D # (2) Exhibit E-F, # (3) Exhibit G-I, # (4) Exhibit J-Q) (vfm). Modified on 10/25/2022 (dlw).
Oct 20, 2022 8 Declaration (Exhibit J-Q) (30)
Docket Text: DECLARATION of Peter C. Magic re [6] MOTION to Expedite Discovery by Apple Inc. (Attachments: # (1) Exhibit A-D # (2) Exhibit E-F, # (3) Exhibit G-I, # (4) Exhibit J-Q) (vfm). Modified on 10/25/2022 (dlw).
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