Case number 2022-2038
Applied Biokinetics LLC v. CVS Pharmacy, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 3, 2024 | 69 | ORDER filed. Appeal Nos. 22-2038, 22-2039, 22-2040 are dismissed pursuant to FRAP 42(b); issuing mandate.. Service as of this date by the Clerk of Court. [1001935] [22-2038, 22-2039, 22-2040] [MVH] [Entered: 05/03/2024 12:01 PM] (1) |
| May 2, 2024 | 68 | Joint Stipulation of Voluntary Dismissal for. Service: 05/02/2024 by email. [1001674] [22-2038] [Robert Katz] [Entered: 05/02/2024 03:25 PM] (2) |
| Dec 4, 2023 | 67 | Submitted after ORAL ARGUMENT to Panel: Lourie, Circuit Judge; Prost, Circuit Judge and Reyna, Circuit Judge.Arguing counsel: Robert Katz for Applied Biokinetics LLC and Jeanne Marie Gills for CVS Pharmacy, Inc.Oral Argument Audio available here. [967405] [MJL] [Entered: 12/04/2023 02:51 PM] (0) |
| Oct 23, 2023 | 66 | Response to notice of oral argument from Appellant Applied Biokinetics LLC. Service: 10/23/2023 by email. [958366] [22-2038] [Robert Katz] [Entered: 10/23/2023 05:34 PM] (1) |
| Oct 23, 2023 | 65 | Response to notice of oral argument from Appellee CVS Pharmacy, Inc.. Service: 10/23/2023 by email. [958331] [22-2038] [Jeanne Gills] [Entered: 10/23/2023 03:59 PM] (1) |
| Oct 20, 2023 | 64 | NOTICE OF ORAL ARGUMENT. Panel: 2312C. Case scheduled December 4, 2023. Response to Notice of Oral Argument due: 11/03/2023. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [957934] [JCP] [Entered: 10/20/2023 01:59 PM] (2) |
| Sep 22, 2023 | 63 | RESPONSE of Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc. to Doc No. [62]. Service: 09/22/2023 by email. [951925] [22-2038] [Jeanne Gills] [Entered: 09/22/2023 02:51 PM] (2) |
| Sep 14, 2023 | 62 | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Applied Biokinetics LLC. Service: 09/14/2023 by email. [950125] [22-2038] [Robert Katz] [Entered: 09/14/2023 05:04 PM] (13) |
| Sep 8, 2023 | 61 | The following conflict date submitted by Jeanne Marie Gills for CVS Pharmacy, Inc. has been accepted by the court: 02/05/2024. The following conflict dates are not accepted at this time: 12/05/2023, 12/06/2023, 01/11/2024, 02/08/2024, 03/05/2024, 03/06/2024. [948887] [MJL] [Entered: 09/08/2023 04:49 PM] (0) |
| Sep 7, 2023 | 60 | The following conflict dates submitted by Robert Katz for Applied Biokinetics LLC have been accepted by the court: 01/10/2024, 01/11/2024, 01/12/2024, 03/04/2024, 03/05/2024, 03/06/2024, 03/07/2024, 03/08/2024. [948340] [MJL] [Entered: 09/07/2023 11:34 AM] (0) |
| Sep 1, 2023 | 59 | Notice from Appellee Mueller Sports Medicine, Inc. regarding conflicts with oral argument. Service: 09/01/2023 by email. [947409] [22-2038] [S. Sarskas] [Entered: 09/01/2023 03:16 PM] (2) |
| Sep 1, 2023 | 58 | Notice from Appellee CVS Pharmacy, Inc. regarding conflicts with oral argument. Service: 09/01/2023 by email. [947348] [22-2038] [Jeanne Gills] [Entered: 09/01/2023 12:58 PM] (3) |
| Aug 30, 2023 | 57 | Notice from Appellant Applied Biokinetics LLC regarding conflicts with oral argument. Service: 08/30/2023 by email. [946889] [22-2038] [Robert Katz] [Entered: 08/30/2023 03:57 PM] (3) |
| Aug 30, 2023 | 56 | Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [946840] [ALK] [Entered: 08/30/2023 03:09 PM] (1) |
| Mar 10, 2023 | 55 | 6 paper copies of Doc. No. [48] received from Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc.. [910451] [VDW] [Entered: 03/16/2023 02:19 PM] (0) |
| Mar 7, 2023 | 54 | 6 paper copies of Doc. No. [43], [37], [24] received from Appellant Applied Biokinetics LLC. [909269] [VDW] [Entered: 03/10/2023 03:42 PM] (0) |
| Mar 7, 2023 | 53 | Notice from Appellee Mueller Sports Medicine, Inc. regarding conflicts with oral argument. None. Service: 03/07/2023 by email. [908232] [22-2038] [S. Sarskas] [Entered: 03/07/2023 10:44 AM] (0) |
| Mar 7, 2023 | 52 | Clerk's Note to the File: The conflict dates requested by CVS Pharmacy, Inc. (see Doc. No. [51]) are not accepted at this time. [908146] [MJL] [Entered: 03/07/2023 08:20 AM] (0) |
| Mar 3, 2023 | 51 | Notice from Appellee CVS Pharmacy, Inc. regarding conflicts with oral argument. Service: 03/03/2023 by email. [907707] [22-2038] [Jeanne Gills] [Entered: 03/03/2023 01:33 PM] (3) |
| Mar 3, 2023 | 50 | Notice from Appellee CVS Pharmacy, Inc. regarding conflicts with oral argument. Service: 03/03/2023 by email. [907630] [22-2038] [Jeanne Gills] [Entered: 03/03/2023 10:18 AM] (3) |
| Mar 3, 2023 | 49 | The following conflict dates submitted by Robert Katz for Applied Biokinetics LLC have been accepted by the court: 05/04/2023, 05/05/2023. [907589] [MJL] [Entered: 03/03/2023 09:12 AM] (0) |
| Mar 2, 2023 | 48 | MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Appellee Mueller Sports Medicine, Inc. Service: 03/02/2023 by email. [907366]--[Edited 03/09/2023 by ALK - compliance review complete] [Jeanne Gills] [Entered: 03/02/2023 10:52 AM] (87) |
| Mar 2, 2023 | 47 | Notice of Correction to Doc No. [32] for Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc.. Service: 03/02/2023 by email. [907364] [22-2038] [Jeanne Gills] [Entered: 03/02/2023 10:51 AM] (2) |
| Mar 1, 2023 | 46 | Notice from Appellant Applied Biokinetics LLC regarding conflicts with oral argument. Service: 03/01/2023 by email. [907260] [22-2038] [Robert Katz] [Entered: 03/01/2023 04:40 PM] (3) |
| Mar 1, 2023 | 45 | Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [907112] [ALK] [Entered: 03/01/2023 12:03 PM] (0) |
| Mar 1, 2023 | 44 | Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [907111] [ALK] [Entered: 03/01/2023 12:02 PM] (1) |
| Feb 16, 2023 | 43 | MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Applied Biokinetics LLC. Service: 02/16/2023 by email. [904592] --[Edited 03/01/2023 by ALK - compliance review complete] [Robert Katz] [Entered: 02/16/2023 08:06 AM] (771) |
| Feb 15, 2023 | 42 | NOTICE OF NON-COMPLIANCE: The submission of Appellant Applied Biokinetics LLC, Appendix [39], is not in compliance with the rules of this court (see attached). Compliant document due on 02/23/2023. Service as of this date by the Clerk of Court. [904446] [ALK] [Entered: 02/15/2023 02:50 PM] (1) |
| Feb 8, 2023 | 41 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Applied Biokinetics LLC. Service: 02/08/2023 by email. [903015] [22-2038] [Robert Katz] [Entered: 02/08/2023 09:56 PM] (3) |
| Feb 8, 2023 | 40 | Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Applied Biokinetics LLC. Service: 02/08/2023 by email. [903014] [22-2038] [Robert Katz] [Entered: 02/08/2023 09:53 PM] (2) |
| Feb 8, 2023 | 39 | APPENDIX FILED by Appellant Applied Biokinetics LLC. Service: 02/08/2023 by email. [903013] [22-2038] This document is non-compliant. See Doc No. [42]. [Robert Katz] [Entered: 02/08/2023 09:52 PM] (771) |
| Feb 8, 2023 | 38 | Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc.. Service: 02/08/2023 by email. [902997] [22-2038] [Jeanne Gills] [Entered: 02/08/2023 06:04 PM] (4) |
| Feb 1, 2023 | 37 | MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Applied Biokinetics LLC. Service: 02/01/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [901249] --[Edited 02/07/2023 by ALK - compliance review complete] [Robert Katz] [Entered: 02/01/2023 01:06 PM] (41) |
| Jan 6, 2023 | 35 | **TEXT ONLY** ORDER granting motion to extend time to file brief [34] filed by Appellant Applied Biokinetics LLC. The reply brief is due 02/01/2023. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [895136] [ALK] [Entered: 01/06/2023 10:55 AM] (0) |
| Jan 6, 2023 | 36 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [34], ERROR: Appellant's motion does not use the official caption for this appeal. CORRECTION: Please use official caption on future filings. The caption can be found in the Order at ECF 11. Fed. R. App. P. 32(c)(2)(A). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [895138] [ALK] [Entered: 01/06/2023 10:57 AM] (0) |
| Jan 5, 2023 | 34 | MOTION of Appellant Applied Biokinetics LLC to extend the time to 02/01/2023 to file brief. Service: 01/05/2023 by email. [895022] [22-2038] [Robert Katz] [Entered: 01/05/2023 05:26 PM] (11) |
| Dec 28, 2022 | 33 | Certificate of Interest for Appellee Mueller Sports Medicine, Inc.. Service: 12/28/2022 by email. [893414] [22-2038] [S. Sarskas] [Entered: 12/28/2022 04:05 PM] (3) |
| Dec 28, 2022 | 32 | MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc. Service: 12/28/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [893411] --[Edited 01/05/2023 by ALK - compliance review complete] This document has been corrected. See Doc No. [48]. [Jeanne Gills] [Entered: 12/28/2022 03:57 PM] (87) |
| Dec 28, 2022 | 31 | Certificate of Interest for Appellee CVS Pharmacy, Inc.. Service: 12/28/2022 by email. [893405] [22-2038] [Jeanne Gills] [Entered: 12/28/2022 03:49 PM] (3) |
| Dec 6, 2022 | 30 | ORDER filed granting motion [23] to the extent that ECF No. [24] is accepted for filing as Applied Biokinetics' corrected opening brief. The patents must be included in their entirety in the joint appendix. The Clerk of Court shall transmit a copy of this order to the merits panel assigned to this case. Service as of this date by the Clerk of Court. [888552] [NL] [Entered: 12/06/2022 10:56 AM] (2) |
| Nov 22, 2022 | 29 | ORDER granting motion to extend time to file brief [27] filed by Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc. The response brief is due 12/28/2022. Service as of this date by the Clerk of Court. [886209] [NL] [Entered: 11/22/2022 03:49 PM] (2) |
| Nov 7, 2022 | 28 | Notice of Withdrawal of Counsel Kyle Hepner for Appellee Mueller Sports Medicine, Inc.. Service: 11/07/2022 by email. [882638] [22-2038] [S. Sarskas] [Entered: 11/07/2022 05:23 PM] (2) |
| Nov 3, 2022 | 27 | MOTION of Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc. to extend the time to 12/28/2022 to file brief. Service: 11/03/2022 by email. [882109] [22-2038] [Jeanne Gills] [Entered: 11/03/2022 04:12 PM] (16) |
| Nov 3, 2022 | 26 | NOTICE OF NON-COMPLIANCE: The submission of Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc., Motion for Extension of Time [25], is not in compliance with the rules of this court (see attached). Compliant document due on 11/10/2022. Service as of this date by the Clerk of Court. [881961] [ALK] [Entered: 11/03/2022 10:42 AM] (1) |
| Nov 2, 2022 | 25 | MOTION of Appellees CVS Pharmacy, Inc. and Mueller Sports Medicine, Inc. to extend the time to 12/28/2022 to file brief. Service: 11/02/2022 by email. [881816] [22-2038] This document is non-compliant. See Doc No. [26]. [Jeanne Gills] [Entered: 11/02/2022 03:36 PM] (10) |
| Oct 27, 2022 | 24 | MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Applied Biokinetics LLC. Service: 10/27/2022 by email. [880759] --[Edited 12/06/2022 by ALK - compliance review complete. See Order at ECF [30].] [Robert Katz] [Entered: 10/27/2022 04:49 PM] (67) |
| Oct 27, 2022 | 23 | MOTION of Appellant Applied Biokinetics LLC to waive brief requirement(s). Service: 10/27/2022 by email. [880758] [22-2038] [Robert Katz] [Entered: 10/27/2022 04:47 PM] (8) |
| Oct 21, 2022 | 22 | NOTICE OF NON-COMPLIANCE: The submission of Appellant Applied Biokinetics LLC, Opening Brief [21], is not in compliance with the rules of this court (see attached). Compliant document due on 10/28/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [879346] [ALK] [Entered: 10/21/2022 09:44 AM] (2) |
| Oct 19, 2022 | 21 | OPENING BRIEF FILED by Appellant Applied Biokinetics LLC. Service: 10/19/2022 by email. [878878] [22-2038] This document is non-compliant. See Doc No. [22]. [Robert Katz] [Entered: 10/19/2022 11:35 AM] (68) |
| Sep 12, 2022 | 20 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [18], ERROR: Appellant's motion does not use the official caption for this appeal. CORRECTION: Please use official caption on future filings. The caption can be found in the Notice of Docketing at ECF [1]. Fed. R. App. P. 32(c)(2)(A). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [871234] [ALK] [Entered: 09/12/2022 03:09 PM] (0) |
| Sep 12, 2022 | 19 | **TEXT ONLY** ORDER granting motion to extend time to file brief [18] filed by Appellant Applied Biokinetics LLC. The opening brief is due 10/19/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [871232] [ALK] [Entered: 09/12/2022 03:02 PM] (0) |
| Sep 8, 2022 | 18 | MOTION of Appellant Applied Biokinetics LLC to extend the time to 10/19/2022 to file brief. Service: 09/08/2022 by email. [870816] [22-2038] [Robert Katz] [Entered: 09/08/2022 08:29 PM] (11) |
| Aug 3, 2022 | 17 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [16], ERROR: Appellee CVS Pharmacy, Inc.'s Docketing Statement includes an incomplete case number. CORRECTION: Please include all consolidated case numbers on future filings. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [864506] [ALK] [Entered: 08/03/2022 09:56 AM] (0) |
| Aug 2, 2022 | 16 | Docketing Statement for the Appellee CVS Pharmacy, Inc.. Service: 08/02/2022 by email. [864434] [22-2038] [Jeanne Gills] [Entered: 08/02/2022 08:19 PM] (2) |
| Aug 2, 2022 | 15 | Certificate of Interest for Appellee Mueller Sports Medicine, Inc.. Service: 08/02/2022 by email. [864377] [22-2038] [S. Sarskas] [Entered: 08/02/2022 03:17 PM] (3) |
| Aug 2, 2022 | 14 | Docketing Statement for the Appellee Mueller Sports Medicine, Inc.. Service: 08/02/2022 by email. [864373] [22-2038] [S. Sarskas] [Entered: 08/02/2022 03:14 PM] (2) |
| Aug 2, 2022 | 13 | Entry of appearance for S. Edward Sarskas; Kyle G. Hepner as counsel for Appellee Mueller Sports Medicine, Inc.. Service: 08/02/2022 by email. [864371] [22-2038] [S. Sarskas] [Entered: 08/02/2022 03:12 PM] (1) |
| Jul 27, 2022 | 12 | Note to File: The following cases are consolidated: 22-2038 (Lead) with 22-2039, 22-2040 (Members). The parties must file all documents in the lead appeal only. [863383] [22-2038, 22-2039, 22-2040] [ALK] [Entered: 07/27/2022 02:00 PM] (0) |
| Jul 27, 2022 | 11 | ORDER consolidating appeals 22-2038, 22-2039, and 22-2040. Appellant's opening brief is due no later than September 19, 2022. Service as of this date by the Clerk of Court. [863382] [22-2038, 22-2039, 22-2040] [ALK] [Entered: 07/27/2022 01:58 PM] (2) |
| Jul 25, 2022 | 10 | Entry of appearance for Tiffany K. Sung as counsel for Appellee CVS Pharmacy, Inc.. Service: 07/25/2022 by email. [862883] [22-2038] [Tiffany Sung] [Entered: 07/25/2022 02:55 PM] (1) |
| Jul 22, 2022 | 9 | Certificate of Interest for Appellee CVS Pharmacy, Inc.. Service: 07/22/2022 by email. [862647] [22-2038] [Jeanne Gills] [Entered: 07/22/2022 04:02 PM] (3) |
| Jul 22, 2022 | 8 | Entry of appearance for Jeanne M. Gills; Richard Spencer Montei; Justin M. Sobaje as counsel for Appellee CVS Pharmacy, Inc.. Service: 07/22/2022 by email. [862645] [22-2038] [Jeanne Gills] [Entered: 07/22/2022 04:00 PM] (2) |
| Jul 20, 2022 | 7 | Corrected Docketing Statement for the Appellant Applied Biokinetics LLC. Service: 07/20/2022 by email. [862074] [22-2038] [Robert Katz] [Entered: 07/20/2022 01:09 PM] (3) |
| Jul 20, 2022 | 6 | Corrected Entry of appearance for Robert Katz; Karl Rupp as counsel for Appellant Applied Biokinetics LLC. Service: 07/20/2022 by email. [862071] [22-2038] [Robert Katz] [Entered: 07/20/2022 01:07 PM] (1) |
| Jul 20, 2022 | 5 | NOTICE OF NON-COMPLIANCE: The submissions of Appellant Applied Biokinetics LLC, Entry of Appearance [2] and Docketing Statement [4], are not in compliance with the rules of this court (see attached). Compliant documents due on 07/27/2022. Service as of this date by the Clerk of Court. [861952] [ALK] [Entered: 07/20/2022 08:50 AM] (2) |
| Jul 19, 2022 | 4 | Docketing Statement for the Appellant Applied Biokinetics LLC. Service: 07/19/2022 by email. [861909] [22-2038] This document is non-compliant. See Doc No. [5]. [Robert Katz] [Entered: 07/19/2022 05:20 PM] (3) |
| Jul 19, 2022 | 3 | Certificate of Interest for Appellant Applied Biokinetics LLC. Service: 07/19/2022 by email. [861908] [22-2038] [Robert Katz] [Entered: 07/19/2022 05:19 PM] (3) |
| Jul 19, 2022 | 2 | Entry of appearance for Robert Katz; Karl Rupp as counsel for Appellant Applied Biokinetics LLC. Service: 07/19/2022 by email. [861907] [22-2038] This document is non-compliant. See Doc No. [5]. [Robert Katz] [Entered: 07/19/2022 05:17 PM] (1) |
| Jul 19, 2022 | 1 | Appeal docketed. Received: 07/18/2022. [861761]Entry of Appearance is due on 08/02/2022. Certificate of Interest is due on 08/02/2022. Docketing Statement is due on 08/02/2022. Appellant's brief is due on 09/19/2022. [ALK] [Entered: 07/19/2022 11:00 AM] (21) |
