Case number 2:17-cv-03003
BARRY v. DEPUY SYNTHES COMPANIES et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 10, 2023 | 288 | REPLY to Response to Motion re 275 MOTION for Attorney Fees DR. BARRYS SUR-REPLY TO DEFENDANTS MOTION FOR ATTORNEYS FEES filed by MARK A. BARRY. (COCHRAN, JONATHAN) (Entered: 10/10/2023) (10) |
| Oct 2, 2023 | 287 | REPLY to Response to Motion re 275 MOTION for Attorney Fees filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (KOGLMAN, THOMAS) (Entered: 10/02/2023) (19) |
| Sep 20, 2023 | 286 | RESPONSE in Opposition Filed Under Seal re 275 MOTION for Attorney Fees filed by MARK A. BARRY. Exhibits A, B2, B4, B5, B6, B7, B8, B9, B10, B11, H, and I. **(FILED UNDER SEAL)** (tjd) (Additional attachment(s) added on 9/20/2023: # 1 sealed document, # 2 sealed document, # 3 sealed document, # 4 sealed document, # 5 sealed document, # 6 sealed document, # 7 sealed document, # 8 sealed document, # 9 sealed document, # 10 sealed document, # 11 sealed document, # 12 sealed document) (tjd). (Entered: 09/20/2023) (0) |
| Sep 19, 2023 | 284 | MOTION to Seal Document 283 Response in Opposition to Motion,,,,, MOTION TO SEAL AND IMPOUND THE UNREDACTED VERSION OF, AND CERTAIN EXHIBITS TO, HIS OPPOSITION TO DEFENDANTS MOTION FOR ATTORNEYS FEES filed by MARK A. BARRY.. (Attachments: # 1 Exhibit 1 Redacted Opposition to Motion for Attorneys' Fees, # 2 Text of Proposed Order)(COCHRAN, JONATHAN) (Entered: 09/19/2023) (0) |
| Sep 19, 2023 | 285 | ORDER THAT PLAINTIFFS MOTION TO SEAL AND IMPOUND THE UNREDACTED VERSION OF, AND CERTAIN EXHIBITS TO, HIS OPPOSITION TO DEFENDANTS MOTION FOR ATTORNEYS FEES (DOC. NO. 283), IS GRANTED. THE UNREDACTED VERSION OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR ATTORNEYS FEES (DOC. NO. 283) AND EXHIBITS A, B-2, B-4 THROUGH B-11, H, AND I SHALL BE IMPOUNDED AND MAINTAINED UNDER SEAL. THE REDACTED VERSION OF PLAINTIFFS OPPOSITION (DOC. NO. 284-1) SHALL BE SUBSTITUTED ON THE PUBLIC DOCKET. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/19/23.9/20/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 09/20/2023) (1) |
| Sep 18, 2023 | 283 | RESPONSE in Opposition re 275 MOTION for Attorney Fees filed by MARK A. BARRY. (Attachments: # 1 Exhibit A -Pendleton Depo (Barry EDPA0356183)(Excerpts), # 2 Exhibit B1 - BarryEDPA0355383 (Pendleton 1)(Excerpts), # 3 Exhibit B2 - BarryEDPA0355423 (Pendleton 2)(Excerpts), # 4 Exhibit B3 - BarryEDPA0355433 (Pendleton 3)(Excerpts), # 5 Exhibit B4 - BarryEDPA0355477 (Pendleton 4)(Excerpts), # 6 Exhibit B5 - BarryEDPA0355594 (Pendleton 5)(Excerpts), # 7 Exhibit B6 - BarryEDPA0355704 (Pendleton 6)(Excerpts), # 8 Exhibit B7 - BarryEDPA0355779 (Pendleton 7), # 9 Exhibit B8 - BarryEDPA0355780 (Pendleton 8)(Excerpts), # 10 Exhibit B9 - BarryEDPA0355786 (Pendleton 9)(Excerpts), # 11 Exhibit B10 - BarryEDPA0355791 (Pendleton 10(Excerpts), # 12 Exhibit B11 - BarryEDPA355797 (Pendleton 11)(Excerpts), # 13 Exhibit C - PTX211 - IPR2014-01210 Institution Denial (Excerpts), # 14 Exhibit D - Ex. 1 to Stryker Markman Briefing ('358 Petition)(Excerpts), # 15 Exhibit E - Ex. 9 to Stryker Markman Briefing (Barry Response to '358 Petition)(Excerpts), # 16 Exhibit F - Ex. 8 to Stryker Markman Briefing (Yassir Dec. to IPR Response)(Excerpts), # 17 Exhibit G - Ex. 6 to Stryker Markman Briefing (Paper 51, FWD)(Excerpts), # 18 Exhibit H - 2019-07-31 (FINAL) Walid Yassir Expert Report re DePuy)(Excerpts), # 19 Exhibit I - Prowse Condensed Depo (Confidential)(Excerpts))(HOLLOWAY, DAVID) (Main Document 283 replaced on 9/20/2023) (tjd). (Attachment 1 replaced on 9/20/2023) (tjd). (Attachment 3 replaced on 9/20/2023) (tjd). (Attachment 5 replaced on 9/20/2023) (tjd). (Attachment 6 replaced on 9/20/2023) (tjd). (Attachment 7 replaced on 9/20/2023) (tjd). (Attachment 8 replaced on 9/20/2023) (tjd). (Attachment 9 replaced on 9/20/2023) (tjd). (Attachment 10 replaced on 9/20/2023) (tjd). (Attachment 11 replaced on 9/20/2023) (tjd). (Attachment 12 replaced on 9/20/2023) (tjd). (Attachment 18 replaced on 9/20/2023) (tjd). (Attachment 19 replaced on 9/20/2023) **(PDFS REPLACED PER 285 ORDER FILED 9/19/2023)**(tjd). Modified on 9/20/2023 (tjd). (Entered: 09/18/2023) (0) |
| Aug 16, 2023 | 282 | ORDER THAT DR. BARRY'S UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR FILING HIS OPPOSITION TO DEPUY'S MOTION FOR COSTS AND ATTORNEYS FEES IS GRANTED; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/16/23.8/16/23 ENTERED AND E-MAILED.(JL) (Entered: 08/16/2023) (1) |
| Aug 15, 2023 | 279 | Memorandum in Support re 275 MOTION for Attorney Fees [CORRECTED] filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (KOGLMAN, THOMAS) (Entered: 08/15/2023) (30) |
| Aug 15, 2023 | 280 | ORDER GRANTING DEPUY'S MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/15/23.8/15/23 ENTERED AND COPIES MAILED AND E-MAILED.(jaa, ) (Entered: 08/15/2023) (1) |
| Aug 15, 2023 | 281 | MOTION for Extension of Time to File Plaintiffs Opposition to Defendants Motion for Attorneys Fees and Costs (Unopposed) filed by MARK A. BARRY.Certificate of Service.(COCHRAN, JONATHAN) (Entered: 08/15/2023) (3) |
| Aug 14, 2023 | 275 | MOTION for Attorney Fees filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum, Declaration. (Attachments: # 1 Memorandum in Support of DePuy's Motion for Attorneys' Fees and Costs, # 2 Declaration of Thomas S. Koglman in Support of DePuy's Motion, # 3 Exhibit 1 - DX-167, # 4 Exhibit 2 - Excerpts from Medtronic trial transcript, # 5 Exhibit 3 - DX-682, # 6 Text of Proposed Order)(KOGLMAN, THOMAS) (DOC. NO. 275-1 PLACED UNDER SEAL PER ORDER #277) Modified on 8/15/2023 (md). (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 276 | MOTION to Seal Document 275 MOTION for Attorney Fees Memorandum in Support filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum. (Attachments: # 1 Memorandum [SEALED] in Support of DePuy's Motion for Attorneys' Fees and Costs, # 2 Text of Proposed Order)(KOGLMAN, THOMAS) (DOC. NO. 276-1 PLACED UNDER SEAL PER ORDER #277) Modified on 8/15/2023 (md). (Entered: 08/14/2023) (0) |
| Aug 14, 2023 | 277 | ORDER THAT GRANTING DEPUY'S MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/14/23.8/14/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 08/14/2023) (1) |
| Aug 14, 2023 | 278 | MOTION to Seal Document 275 MOTION for Attorney Fees Ex. 1 (Document 275-3) filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # 1 Text of Proposed Order)(KOGLMAN, THOMAS) (Entered: 08/14/2023) (0) |
| Aug 3, 2023 | 274 | NOTICE OF DOCKETING FROM UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT RE 272 filed by MARK A. BARRY. USCA-FEDERAL CIRCUIT Case Number 2023-2234. (jaa, ) Modified on 8/3/2023 (tjd). (Entered: 08/03/2023) (4) |
| Aug 1, 2023 | 272 | Amended NOTICE OF APPEAL as to 252 Order, 187 Order on Motion in Limine, 270 Memorandum and/or Opinion, Order (Memorandum and/or Opinion), 264 Order on Motion for Extension of Time to File, 271 Memorandum and/or Opinion, Order (Memorandum and/or Opinion), 253 Order by MARK A. BARRY. Filing fee $ 505, receipt number APAEDC-16852099. Copies to Judge, Clerk Federal Circuit, and Appeals Clerk. Certificate of Service. (HOLLOWAY, DAVID) Modified on 8/2/2023 (tjd). (Entered: 08/01/2023) (6) |
| Aug 1, 2023 | 273 | NOTICE OF DOCKETING FROM UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT RE 269 filed by MARK A. BARRY. USCA-FEDERAL CIRCUIT Case Number 2023-2226. (jaa, ) Modified on 8/3/2023 (tjd). (Entered: 08/02/2023) (4) |
| Aug 1, 2023 | 272 | Notice of Appeal* (1) |
| Jul 31, 2023 | 271 | MEMORANDUM AS TO ORDER 253 FILED ON 6/26/23. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/31/23. 7/31/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 07/31/2023) (22) |
| Jul 28, 2023 | 270 | MEMORANDUM AS TO ORDER 252 FILED ON 6/26/23.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/28/23. 7/28/23 ENTERED AND COPIES E-MAILED. (jaa, ) Modified on 7/28/2023 (jaa, ). (Entered: 07/28/2023) (22) |
| Jul 26, 2023 | 269 | NOTICE OF APPEAL to the United States Court of Appeals for the Federal Circuit as to 252 Order, 187 Order on Motion in Limine, 264 Order on Motion for Extension of Time to File, 253 Order, by MARK A. BARRY. Filing fee $ 505, receipt number APAEDC-16838102. Copies to Judge, Clerk Federal Circuit, and Appeals Clerk. Certificate of Service. (HOLLOWAY, DAVID) Modified on 7/27/2023 (tjd). (Entered: 07/26/2023) (5) |
| Jul 26, 2023 | 269 | Notice of Appeal* (1) |
| Jul 19, 2023 | 265 | TRANSCRIPT of JURY TRIAL DAY 3 held on 6/15/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 8/9/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/17/2023. (jaa, ) (Entered: 07/19/2023) (0) |
| Jul 19, 2023 | 266 | TRANSCRIPT of JURY TRIAL DAY 4 held on 6/16/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 8/9/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/17/2023. (jaa, ) (Entered: 07/19/2023) (0) |
| Jul 19, 2023 | 267 | TRANSCRIPT of JURY TRIAL DAY 5 held on 6/20/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 8/9/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/17/2023. (jaa, ) (Entered: 07/19/2023) (0) |
| Jul 19, 2023 | 268 | Notice of Filing of Official Transcript with Certificate of Service re 266 Transcript - PDF, 265 Transcript - PDF, 267 Transcript - PDF, 7/19/23 Entered and Copies Emailed. (jaa, ) (Entered: 07/19/2023) (1) |
| Jul 10, 2023 | 263 | MOTION for Extension of Time to File Defendants' Motion for Costs and Attorneys' Fees [Unopposed] filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC...(KOGLMAN, THOMAS) (Entered: 07/10/2023) (4) |
| Jul 10, 2023 | 264 | ORDER THAT DEPUYS UNOPPOSED MOTION TO EXTEND THE DEADLINE FOR FILING ITS MOTION FOR COSTS AND ATTORNEYS FEES (DOC. NO. 263) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/10/23.7/11/23 ENTERED AND COPIES E-MAILED.(jaa, ) Modified on 7/11/2023 (jaa, ). (Entered: 07/11/2023) (1) |
| Jun 28, 2023 | 255 | TRANSCRIPT of JURY TRIAL DAY 1 held on 6/13/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 256 | TRANSCRIPT of JURY TRIAL DAY 2 held on 6/14/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 257 | TRANSCRIPT of JURY TRIAL DAY 3 held on 6/15/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 258 | TRANSCRIPT of JURY TRIAL DAY 4 held on 6/16/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 259 | TRANSCRIPT of JURY TRIAL DAY 5 held on 6/20/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 260 | TRANSCRIPT of JURY TRIAL DAY 6 held on 6/21/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 261 | TRANSCRIPT of JURY TRIAL DAY 7 held on 6/22/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: KIM L. HALEY, CRR, RPR. Transcript may be viewed at the court public terminal or 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 7/19/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/26/2023. (jaa, ) (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 262 | Notice of Filing of Official Transcript with Certificate of Service re 257 Transcript - PDF, 258 Transcript - PDF, 256 Transcript - PDF, 259 Transcript - PDF, 261 Transcript - PDF, 255 Transcript - PDF, 260 Transcript - PDF, 6/28/23 Entered and Copies Emailed. (jaa, ) (Entered: 06/28/2023) (1) |
| Jun 26, 2023 | 252 | ORDER, BEFORE TRIAL, I DENIED WITHOUT PREJUDICE DEFENDANTS DAUBERT MOTION TO EXCLUDE BOTH THE SURVEY OF SPINAL SURGERIES PREPARED BY DR. DAVID NEAL AND HIS EXPERT TESTIMONY. (DOC. NO. 135 , DEFENDANTS MOTION; SEE DOC. NO. 185 , ORDER DENYING MOTION, AT 1 (BECAUSE I AM BEING ASKED TO MAKE EVIDENTIARY TRIAL RULINGS WHEN TRIAL HAS NOT YET BEGUN, MY DECISIONS ARE NECESSARILY TENTATIVE. I AM PREPARED TO REVISIT THEM DURING TRIAL SHOULD ANY PARTY ASK ME TO DO SO.)); SEE WALDEN V. GEORGIA-PACIFIC CORP., 126 F.3D 506, 518 N. 10 (3D CIR. 1997) (UNDER THESE AND SIMILAR CIRCUMSTANCES, IF A DISTRICT COURT MAKES A TENTATIVE PRE-TRIAL RULING, IT HAS THE OPPORTUNITY TO RECONSIDER [ITS] IN LIMINE RULING WITH THE BENEFIT OF HAVING BEEN WITNESS TO THE UNFOLDING EVENTS AT TRIAL. (QUOTING UNITED STATES V. GRAVES, 5 F.3D 1546, 1552 (5TH CIR. 1993))) I WILL THUS GRANT DEFENDANTS RENEWED DAUBERT MOTION. (DOC. NO. 235); DAUBERT V. MERRELL DOW PHARM., 509 U.S. 579 (1993). AFTER TRIAL IS CONCLUDED, I WILL ISSUE A WRITTEN ORDER TO EXPLAIN MORE FULLY THE BASES OF MY RULINGS. IT IS HEREBY ORDERED THAT DEFENDANTS RENEWED DAUBERT MOTION IS GRANTED. (DOC. NO. 235 .). SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/26/2023. 6/26/2023 ENTERED AND COPIES E-MAILED.(rt) (Entered: 06/26/2023) (2) |
| Jun 26, 2023 | 253 | ORDER, A JURY TRIAL IN THIS MATTER BEGAN ON JUNE 13, 2023. ON JUNE 19, DEPUY DEFENDANTS FILED A RENEWED DAUBERT MOTION TO EXCLUDE THE SURVEY AND EXPERT TESTIMONY OF DR. DAVID NEAL, WHICH I TOOK UNDER ADVISEMENT. (DOC. NO. 235 ; TRIAL DAY 5 TR. AT 74:12-16); DAUBERT V. MERRELL DOW PHARMS., INC., 509 U.S. 579 (1993) BECAUSE THERE IS NO LEGALLY SUFFICIENT EVIDENTIARY BASIS FOR A REASONABLE JURY TO FIND FOR PLAINTIFF ON DIRECT INFRINGEMENT, I WILL GRANT DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW. SEE DYNACORE HOLDINGS CORP. V. U.S. PHILIPS CORP., 363 F.3D 1263, 1272 (FED. CIR. 2004) (INDIRECT INFRINGEMENT "CAN ONLY ARISE IN THE PRESENCE OF DIRECT INFRINGEMENT"). I WILL ISSUE A MEMORANDUM IN DUE COURSE TO EXPLAIN THE BASES OF MY DECISIONS MORE FULLY.IT IS HEREBY ORDERED THAT DEPUY'S RULE 50(A MOTION IS GRANTED. (DOC. NO. 239 .) JUDGMENT IS ENTERED IN FAVOR OF DEPUY DEFENDANTS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/26/2023. 6/26/2023 ENTERED AND COPIES E-MAILED.(rt) (Entered: 06/26/2023) (4) |
| Jun 26, 2023 | 254 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial Day 7 held on 6/22/23. Court Reporter: KIM HALEY. (jaa, ) (Entered: 06/27/2023) (0) |
| Jun 24, 2023 | 251 | REPLY to Response to Motion re 239 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (KOGLMAN, THOMAS) (Entered: 06/24/2023) (17) |
| Jun 23, 2023 | 248 | RESPONSE to Motion re 239 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) filed by MARK A. BARRY. (HOLLOWAY, DAVID) (Entered: 06/23/2023) (30) |
| Jun 23, 2023 | 249 | ORDER THAT DEPUY SHALL RESPOND TO DR. BARRYS RESPONSE TO THE MOTION FOR JUDGMENT AS A MATTER OF LAW (DOC. NO. 248) NO LATER THAN 10 A.M. TOMORROW, JUNE 24, 2023. THE FILING SHALL BE NO LONGER THAN 15 PAGES. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/23/23. 6/23/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 06/23/2023) (1) |
| Jun 23, 2023 | 250 | ORDER THAT IN THE REPLY BRIEF I HAVE ORDERED, DEPUY SHALL LIMIT ITS 15-PAGE FILING TO A DISCUSSION OF WHETHER DR. YASSIRS TESTIMONY RESPECTING HANDLE MEANS CONTRADICTED THE CLAIM CONSTRUCTION IN MY MARKMAN ORDER. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/23/23. 6/23/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 06/23/2023) (1) |
| Jun 22, 2023 | 244 | ORDER THAT DEPUYS MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL (DOC. NO. 236) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/22/23.6/22/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 06/22/2023) (1) |
| Jun 22, 2023 | 245 | ORDER GRANTING DR. MARK A. BARRYS MOTION FOR LEAVE TO FILE UNDER SEAL THE UNREDACTED VERSION OF, AND CERTAIN EXHIBITS TO, HIS RESPONSE TO DEPUYS RENEWED MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF DR. DAVID NEAL ANDCERTAIN EXHIBITS THERETO. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/22/23.6/22/23 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 06/22/2023) (1) |
| Jun 22, 2023 | 246 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial Day 5 held on 6/20/23. Court Reporter: KIM HALEY. (jaa, ) (Entered: 06/22/2023) (0) |
| Jun 22, 2023 | 247 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial Day 6 held on 6/21/23. Court Reporter: KIM HALEY. (jaa, ) (Entered: 06/22/2023) (0) |
| Jun 21, 2023 | 240 | MOTION for Leave to File TO FILE UNDER SEAL THE UNREDACTED VERSION OF, AND CERTAIN EXHIBITS TO, HIS OPPOSITION TO DEPUYS RENEWED MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF DR. DAVID NEAL filed by MARK A. BARRY.. (Attachments: # 1 Text of Proposed Order)(COCHRAN, JONATHAN) (Entered: 06/21/2023) (0) |
| Jun 21, 2023 | 241 | RESPONSE in Opposition re 235 MOTION to Exclude Opinions and Testimony of Survey Expert Dr. David Neal filed by MARK A. BARRY. (Attachments: # 1 Exhibit A- (filed under seal) Dep. Excerpts, O'Brien, # 2 Exhibit B- (filed under seal) Dep. Excerpts, Betz, # 3 Exhibit C- Trial Disclosure Procedures, # 4 Exhibit D- June 11 disclosures, # 5 Exhibit E- June 14 disclosures, # 6 Exhibit F- Dep. Excerpts, Yassir, # 7 Exhibit G- Psychology of Survey Response, # 8 Exhibit H- Dep. Excerpts, Neal, # 9 Exhibit I- (filed under seal) Dep. Excerpts Rossi, # 10 Exhibit J- In re Autozone Inc., # 11 Exhibit K- Wallace v Countrywide, # 12 Exhibit L- Security Alarm Fin. v Alder Holdings LLC, # 13 Exhibit M- Survey research, # 14 Exhibit N- (filed under seal) Dep. Excerpts, Schmitz, # 15 Exhibit O- Dep. Excerpts, Sharma)(COCHRAN, JONATHAN) (Entered: 06/21/2023) (0) |
| Jun 21, 2023 | 242 | TRIAL BRIEF DR. BARRYS REPLY TO DEPUYS RESPONSE TO DKT. 229 by MARK A. BARRY. (COCHRAN, JONATHAN) (Entered: 06/21/2023) (8) |
| Jun 21, 2023 | 243 | RESPONSE in Opposition Filed Under Seal re 235 MOTION to Exclude Opinions and Testimony of Survey Expert Dr. David Neal filed by MARK A. BARRY. Exhibits A, B, I and N. **(FILED UNDER SEAL)** (tjd) (Additional attachment(s) added on 6/21/2023: # 1 sealed document, # 2 sealed document, # 3 sealed document, # 4 sealed document) (tjd). (Entered: 06/21/2023) (0) |
| Jun 20, 2023 | 238 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial - Day 4 held on 6/16/23. Court Reporter: KIM HALEY. (jaa, ) (Entered: 06/20/2023) (0) |
| Jun 20, 2023 | 239 | MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support of DePuy's Rule 50(a) Motion for Judgment as a Matter of Law)(KOGLMAN, THOMAS) (Entered: 06/20/2023) (0) |
| Jun 19, 2023 | 235 | MOTION to Exclude Opinions and Testimony of Survey Expert Dr. David Neal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support of DePuy's Renewed Motion to Exclude Neal Testimony and Opinions, # 2 Declaration of Thomas S. Koglman in Support of DePuy's Motion, # 3 Exhibit A - Excerpts from Sep. 11, 2019 Neal Deposition Transcript, # 4 Exhibit B - Excerpts from Jul. 31, 2019 Neal Expert Report, # 5 Exhibit C - Excerpts from Sep. 17, 2019 Yassir Deposition Transcript, # 6 Exhibit D - Excerpts from Aug. 28, 2019 Schenk Deposition Transcript, # 7 Exhibit E - FILED UNDER SEAL, # 8 Exhibit F - PTX-350, # 9 Exhibit G - Excerpts from Sep. 16, 2019 Sharma Deposition Transcript, # 10 Exhibit H - DX-647, # 11 Exhibit I - DX-645, # 12 Exhibit J - DX-646, # 13 Exhibit K - PTX-381, # 14 Exhibit L - FILED UNDER SEAL)(KOGLMAN, THOMAS) (Entered: 06/19/2023) (0) |
| Jun 19, 2023 | 236 | MOTION to Seal Document 235 MOTION to Exclude Opinions and Testimony of Survey Expert Dr. David Neal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # 1 Exhibit E - PTX-614, # 2 Exhibit L - Excerpts from Sep. 21, 2018 Barry Deposition Transcript, # 3 Text of Proposed Order). (**EXHIBTS SEALED PER DOC. #244**). (KOGLMAN, THOMAS) Modified on 6/20/2023 (tjd). Modified on 6/22/2023 (ke). (Entered: 06/19/2023) (0) |
| Jun 16, 2023 | 231 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial DAY 3 held on 6/15/23. Court Reporter: KIM HALEY. (JL) (Entered: 06/16/2023) (0) |
| Jun 16, 2023 | 232 | TRIAL BRIEF Memorandum Addressing The Court's June 14, 2023 Questions by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. Certificate of Service (Attachments: # 1 Declaration of Thomas S. Koglman in support, # 2 Exhibit A - Excerpts from Plaintiff's April 23, 2018 Objs. and Resps. to Defendants' Requests for Production, # 3 Exhibit B - [REDACTED] Excerpts from March 24, 2023 Pendleton deposition)(KOGLMAN, THOMAS) (Entered: 06/16/2023) (0) |
| Jun 16, 2023 | 233 | TRIAL BRIEF PLAINTIFF DR. MARK A. BARRY M.D.S MEMORANDUM IN RESPONSE TO DKT. NO. 229 by MARK A. BARRY. (Attachments: # 1 Exhibit A- Dep. Excerpts, Pendleton)(COCHRAN, JONATHAN) (Entered: 06/16/2023) (0) |
| Jun 16, 2023 | 234 | MOTION to Seal Document 232 Trial Brief, Ex. B to Decl. of Thomas S. Koglman filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # 1 Exhibit B to Decl. of Thomas S. Koglman [SEALED], # 2 Text of Proposed Order Granting Motion to Seal)(KOGLMAN, THOMAS) Modified on 6/20/2023 (tjd). (Entered: 06/16/2023) (0) |
| Jun 16, 2023 | 237 | ORDER GRANTING DEPUYS MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/16/23.6/20/23 ENTERED AND COPIES E-MAILED.(jaa, ) Modified on 6/20/2023 (jaa, ). (Entered: 06/20/2023) (1) |
| Jun 15, 2023 | 230 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial Day 2 held on 6/14/23. Court Reporter: KIM HALEY. (jaa, ) (Main Document 230 replaced on 6/16/2023) (jaa, ). (Entered: 06/15/2023) (0) |
| Jun 14, 2023 | 228 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Jury Trial Day 1 held on 6/13/23 Court Reporter: Kim Haley. (jaa, ) (Main Document 228 replaced on 6/14/2023) (jaa, ). (Entered: 06/14/2023) (0) |
| Jun 14, 2023 | 229 | ORDER THAT DR. BARRY AND DEPUY SHALL EACH SUBMIT A LEGAL MEMORANDUM ADDRESSING THE FOLLOWING QUESTIONS: 1. IS FIGURE 1 OF THE 358 PATENT INACCURATE? IF IT IS INACCURATE, WHAT EFFECT DOES THIS HAVE ON THE 358 PATENTS VALIDITY? 2. DOES THE 358 PATENT HAVE AN INACCURATE DESCRIPTION AS TO FIGURE 6 (COLUMN 4, LINES 38-44)? WHAT EFFECT DOES THE DESCRIPTION OF FIGURE 6 HAVE ON THE 358 PATENTS VALIDITY? 3. IF A PATENT IS INVALIDATED PURSUANT TO THE C.F.R. OR TITLE 35 OF THE U.S.C., WHAT IS THE EFFECT ON ROYALTIES ALREADY PAID AND BEING PAID TO THE PATENT OWNER? 4. WHAT, IF ANY, INSTRUCTION SHOULD BE GIVEN TO THE JURY RESPECTING DOCUMENTS CONTAINING 2003 CLINICAL/OPERATIVE NOTES THAT WERE LOST OR NOT SUBMITTED FOR TRIAL? EACH MEMORANDUM SHALL BE NO LONGER THAN 15 PAGES, AND MUST BE FILED BY 10 A.M. ON FRIDAY, JUNE 16, 2023. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/14/23. 6/15/23 ENTERED AND COPIES E-MAILED. (jaa, ) Modified on 6/15/2023 (fdc). (Entered: 06/15/2023) (1) |
| Jun 12, 2023 | 223 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Pretrial Conference held on 6/7/23 (jaa, ) (Main Document 223 replaced on 6/12/2023) (jaa, ). (Entered: 06/12/2023) (0) |
| Jun 12, 2023 | 224 | TRANSCRIPT of FINAL PRETRIAL CONFERENCE held on 6/7/23, before Judge HONORABLE PAUL S. DIAMOND. Court Reporter: ESR. Transcriber: JESSICA B. CAHILL, CER/CET-708. Transcript may be viewed at the court public terminal or 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 7/3/2023. Redacted Transcript Deadline set for 7/13/2023. Release of Transcript Restriction set for 9/11/2023. (jaa, ) (Entered: 06/12/2023) (0) |
| Jun 12, 2023 | 225 | Notice of Filing of Official Transcript with Certificate of Service re 224 Transcript - PDF,, 6/12/23 Entered and Copies Emailed and Mailed to Counsel. (jaa, ) (Entered: 06/12/2023) (1) |
| Jun 12, 2023 | 226 | APPLICATION for Admission Pro Hac Vice of Gregory Andrew Castanias by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. ( Filing fee $ 75 receipt number APAEDC-16748199.). (Attachments: # 1 Text of Proposed Order)(UNDERWOOD, JONATHAN) (Entered: 06/12/2023) (0) |
| Jun 12, 2023 | 227 | ORDER THAT THE DEFENDANT'S APPLICATION FOR ADMISSION PRO HAC VICE OF GREGORY ANDREW CASTANIAS ESQUIRE IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/12/23. 6/13/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(jaa, ) (Entered: 06/13/2023) (1) |
| Jun 10, 2023 | 222 | Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Final Pretrial Conference held on 6/7/23 Court Reporter: ESR. (jaa, ) (Main Document 222 replaced on 6/12/2023) (jaa, ). (Entered: 06/12/2023) (0) |
| Jun 9, 2023 | 221 | ORDER THAT DEFENDANTS SHALL RESPOND TO PLAINTIFFS LETTER DATED JUNE 8, 2023, NO LATER THAN 5:00 P.M. TODAY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/9/23. 6/9/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) (Entered: 06/09/2023) (1) |
| Jun 8, 2023 | 219 | APPLICATION for Admission Pro Hac Vice of Kevin V. McCarthy by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. ( Filing fee $ 75 receipt number APAEDC-16741618.). (Attachments: # 1 Text of Proposed Order)(UNDERWOOD, JONATHAN) (Entered: 06/08/2023) (0) |
| Jun 8, 2023 | 220 | ORDER THAT DEFENDANTS APPLICATION FOR ADMISSION PRO HAC VICE OF KEVIN V. MCCARTHY, ESQUIRE (DOC. NO. 219) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/8/23. 6/8/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) (Entered: 06/08/2023) (1) |
| Jun 6, 2023 | 218 | NOTICE by MARK A. BARRY NOTICE OF FILING CORRECTED EXHIBIT A TO PLAINTIFF DR. MARK A. BARRY M.D.S MAY 30, 2023 PRETRIAL MEMORANDUM (Attachments: # 1 Exhibit A- Corrected Ex. A)(COCHRAN, JONATHAN) (Entered: 06/06/2023) (0) |
| May 31, 2023 | 217 | ORDER THAT DEFENDANTS LETTER REQUEST (DOC. NO. 189) AND PLAINTIFFS LETTER RESPONSE (DOC. NO. 190), IT IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/31/23. 5/31/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(jaa, ) (Entered: 05/31/2023) (1) |
| May 30, 2023 | 215 | PRETRIAL MEMORANDUM by MARK A. BARRY Certificate of Service. (Attachments: # 1 Exhibit A- Supplemental Exhibit List, # 2 Exhibit B- Summary of Disputed Legal Issues, # 3 Exhibit C- Summary of Supporting Evidence)(COCHRAN, JONATHAN) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 216 | PRETRIAL MEMORANDUM by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. Certificate of Service. (Attachments: # 1 Exhibit A - DePuy's Exhibit List)(LUCHESI, KENNETH) (Entered: 05/30/2023) (0) |
| May 12, 2023 | 214 | ORDER FILED UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/12/2023; 5/12/2023 ENTERED AND COPIES MAILED AND E-MAILED. **(FILED UNDER SEAL PER CHAMBERS)**(tjd) (tjd). (Entered: 05/12/2023) (0) |
| May 11, 2023 | 213 | Proposed Verdict Sheet by MARK A. BARRY.. Certificate of Service (COCHRAN, JONATHAN) (Entered: 05/11/2023) (23) |
| Apr 28, 2023 | 212 | REPLY to Response to Motion re 202 MOTION to Strike PORTIONS OF PROPOSED EXPERT REPORT OF PETER ROSSI filed by MARK A. BARRY. (COCHRAN, JONATHAN) (Entered: 04/28/2023) (4) |
| Apr 27, 2023 | 211 | RESPONSE in Opposition re 202 MOTION to Strike PORTIONS OF PROPOSED EXPERT REPORT OF PETER ROSSI filed by DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # 1 Exhibit Exhibit 1-Excerpts of Iyer Tr.)(KOGLMAN, THOMAS) (Entered: 04/27/2023) (0) |
| Apr 20, 2023 | 208 | ORDER THAT PLAINTIFFS APPLICATION FOR ADMISSION PRO HAC VICE OF ANDREW W. RINEHART, ESQUIRE (DOC. NO. 205) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/20/23.4/20/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) Modified on 4/20/2023 (jaa, ). (Entered: 04/20/2023) (1) |
| Apr 20, 2023 | 209 | ORDER THAT PLAINTIFFS APPLICATION FOR ADMISSION PRO HAC VICE OF COURTNEY S. DABBIERE, ESQUIRE (DOC. NO. 206) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/20/23.4/20/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) (Entered: 04/20/2023) (1) |
| Apr 20, 2023 | 210 | ORDERED THAT PLAINTIFFS APPLICATION FOR ADMISSION PRO HAC VICE OF CHRISTOPHER P. DAMITIO, ESQUIRE (DOC. NO. 207) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/20/23.4/20/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) (Entered: 04/20/2023) (1) |
| Apr 19, 2023 | 205 | MOTION for Pro Hac Vice Admission of Andrew W. Rinehart ( Filing fee $ 75 receipt number APAEDC-16638704.) filed by MARK A. BARRY.. (Attachments: # 1 Exhibit A - Consolidation Order, # 2 Exhibit B - PHV Order, # 3 Exhibit C - Application, # 4 Declaration of Jonathan L. Cochran, # 5 Text of Proposed Order, # 6 Certificate of Service)(COCHRAN, JONATHAN) (Entered: 04/19/2023) (0) |
| Apr 19, 2023 | 206 | MOTION for Pro Hac Vice Admission of Courtney S. Dabbiere ( Filing fee $ 75 receipt number APAEDC-16638727.) filed by MARK A. BARRY.. (Attachments: # 1 Exhibit A - Application, # 2 Declaration of Jonathan L. Cochran, # 3 Text of Proposed Order, # 4 Certificate of Service)(COCHRAN, JONATHAN) (Entered: 04/19/2023) (0) |
| Apr 19, 2023 | 207 | MOTION for Pro Hac Vice Admission of Christopher P. Damitio ( Filing fee $ 75 receipt number APAEDC-16638735.) filed by MARK A. BARRY.. (Attachments: # 1 Exhibit A - Application, # 2 Declaration of Jonathan L. Cochran, # 3 Text of Proposed Order, # 4 Certificate of Service)(COCHRAN, JONATHAN) (Entered: 04/19/2023) (0) |
| Apr 18, 2023 | 204 | ORDER GRANTING DR. MARK A. BARRYS MOTION FOR LEAVE TO FILE UNDER SEAL THE UNREDACTED VERSION OF, AND EXHIBITS TO, HIS MOTION TO STRIKE PORTIONS OF THE PROPOSED EXPERT REPORT OF PETER ROSSI. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/18/23.4/18/23 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL.(jaa, ) (Entered: 04/18/2023) (1) |
| Apr 17, 2023 | 201 | MOTION for Leave to File TO FILE UNDER SEAL THE UNREDACTED VERSION OF, AND EXHIBITS TO, HIS MOTION TO STRIKE PORTIONS OF THE PROPOSED EXPERT REPORT OF PETER ROSSI filed by MARK A. BARRY.. (Attachments: # 1 Text of Proposed Order)(COCHRAN, JONATHAN) (Entered: 04/17/2023) (0) |
| Apr 17, 2023 | 202 | MOTION to Strike PORTIONS OF PROPOSED EXPERT REPORT OF PETER ROSSI filed by MARK A. BARRY.Memorandum. (Attachments: # 1 Memorandum, # 2 Exhibit 1 (filed under seal), # 3 Exhibit 2 (filed under seal), # 4 Text of Proposed Order)(COCHRAN, JONATHAN) (Entered: 04/17/2023) (0) |
| Apr 17, 2023 | 203 | UNREDACTED MOTION TO STRIKE FILED UNDER SEAL FILED BY MARK A. BARRY. MEMORANDUM, EXHIBITS 1-2. **(FILED UNDER SEAL)**(tjd) (Additional attachment(s) added on 4/18/2023: # 1 sealed document, # 2 sealed document) (tjd). (Entered: 04/18/2023) (0) |
| Apr 7, 2023 | 200 | ORDER FILED UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/7/2023;4/10/2023 ENTERED AND COPIES MAILED AND E-MAILED. **(FILED UNDER SEAL PER CHAMBERS)**(tjd) (tjd). (Entered: 04/10/2023) (0) |
| Apr 4, 2023 | 198 | RESPONSE in Opposition Filed Under Seal re 192 MOTION for Leave to Supplement Expert Discovery filed by MARK A. BARRY. Exhibits 1, 8-11. **(FILED UNDER SEAL)** (tjd) (tjd). (Additional attachment(s) added on 4/4/2023: # 1 sealed document, # 2 sealed document, # 3 sealed document, # 4 sealed document, # 5 sealed document) (tjd). (Entered: 04/04/2023) (0) |
| Apr 4, 2023 | 199 | ORDER THAT THE PARTIES MOTIONS FOR LEAVE TO FILE UNDER SEAL (DOC.NOS. 191 196 ARE GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/4/23.4/4/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(jaa, ) Modified on 4/4/2023 (jaa, ). (Entered: 04/04/2023) (1) |
| Apr 3, 2023 | 196 | MOTION for Leave to File TO FILE UNDER SEAL THE UNREDACTED VERSION OF, AND CERTAIN EXHIBITS TO, HIS RESPONSE TO DEFENDANTS MOTION FOR LEAVE TO SUPPLEMENT EXPERT DISCOVERY filed by MARK A. BARRY.. (Attachments: # 1 Text of Proposed Order)(COCHRAN, JONATHAN) (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 197 | RESPONSE in Opposition re 192 MOTION for Leave to Supplement Expert Discovery Redacted filed by MARK A. BARRY. (Attachments: # 1 Exhibit 1 (filed under seal), # 2 Exhibit 2 Sean Iyer, Compass Lexecon, # 3 Exhibit 3 Sophie Yang, Compass Lexecon, # 4 Exhibit 4 Bella Li, Compass Lexecon, # 5 Exhibit 5 Rafael del Villar, Compass Lexecon, # 6 Exhibit 6 Email, # 7 Exhibit 7 Email, # 8 Exhibit 8 (filed under seal), # 9 Exhibit 9 (filed under seal), # 10 Exhibit 10 (filed under seal), # 11 Exhibit 11 (filed under seal))(COCHRAN, JONATHAN) (Entered: 04/03/2023) (0) |
| Mar 24, 2023 | 191 | MOTION for Leave to File Documents Under Seal and Impound filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # 1 Text of Proposed Order)(MASLOWSKI, STEVEN) (Entered: 03/24/2023) (0) |
| Mar 24, 2023 | 192 | MOTION for Leave to Supplement Expert Discovery filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..REDACTED Memorandum In Support. (Attachments: # 1 Memorandum REDACTED)(MASLOWSKI, STEVEN) (Entered: 03/24/2023) (0) |
| Mar 24, 2023 | 193 | Declaration re 192 MOTION for Leave to Supplement Expert Discovery by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # 1 Exhibit A - FILED UNDER SEAL, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D - FILED UNDER SEAL, # 5 Exhibit E - FILED UNDER SEAL, # 6 Exhibit F)(MASLOWSKI, STEVEN) (Entered: 03/24/2023) (0) |
| Mar 24, 2023 | 194 | Memorandum in Support Filed Under Seal re 192 MOTION for Leave to Supplement Expert Discovery filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. **(FILED UNDER SEAL)**. (tjd) (tjd). (Entered: 03/24/2023) (0) |
| Mar 24, 2023 | 195 | EXHIBITS A, D and E Filed Under Seal re 193 Declaration of Thomas S. Koglman filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. **(FILED UNDER SEAL)** (tjd) (Additional attachment(s) added on 3/24/2023: # 1 sealed document, # 2 sealed document) (tjd). (Entered: 03/24/2023) (0) |
| Feb 27, 2023 | 190 | Letter dated February 27, 2023 to Judge Diamond (Response to ECF 189) by MARK A. BARRY. (COCHRAN, JONATHAN) (Entered: 02/27/2023) (4) |
| Feb 24, 2023 | 189 | Letter dated February 24 to Judge Diamond Regarding Related Claim Construction Order by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. (Attachments: # 1 Exhibit A - Barry v Stryker Claim Construction Order)(LUCHESI, KENNETH) (Entered: 02/24/2023) (0) |
| Jan 5, 2023 | 188 | FOURTH AMENDED SCHEDULING ORDER. ORDER THAT A PLAINTIFF PRETRIAL MEMO DUE BY 5/30/23. DEFENDANT PRETRIAL MEMO DUE BY 5/30/23. TRIAL DATE SET FOR 6/13/23 AT 9:30 AM IN COURTROOM 14A BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/4/23. 1/5/23 ENTERED & E-MAILED.(fdc) (Entered: 01/05/2023) (2) |
| Jul 13, 2022 | 187 | Order on Motion in Limine (15) Docket Text: ORDER THAT DEFENDANTS' MOTIONS IN LIMINE 1-4 (DOC. NO. [172]) AND PLAINTIFF'S MOTIONS IN LIMINE 1-10 (DOC. NO. [173]) ARE GRANTED IN PART, DENIED IN PART, AND DEFERRED TO TRIAL AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/13/22.7/14/22 ENTERED AND COPIES MAILED TO COUNSEL; E-MAILED.(amas) |
| Jul 7, 2022 | 186 | Order (2) Docket Text: ORDER, UPON CONSIDERATION OF PLAINTIFFS MOTION TO BIFURCATE (DOC. NO. [176]) AND DEFENDANTS RESPONSE (DOC. NO. [183]) IT IS HEREBY ORDERED THAT PLAINTIFFS MOTION IS DENIED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/7/2022. 7/7/2022 ENTERED AND COPIES E-MAILED.(rt) |
| May 25, 2022 | 185 | Order (13) Docket Text: ORDER, UPON CONSIDERATION OF DEFENDANTS MOTIONS (DOC. NOS. [133], [135]), PLAINTIFFS RESPONSES (DOC. NOS. [140], [142]), DEFENDANTS REPLIES (DOC NOS. [145], [147]) AND PLAINTIFFS SUR-REPLIES (DOC. NOS. [149], [151]), IT IS HEREBY ORDERED THAT: 1. DEFENDANTS MOTION TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY OF DR. WALID YASSIR (DOC. NO. [133]) IS DENIED; AND 2. DEFENDANTS MOTION TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY OF DR. DAVID NEAL AND KIMBERLY SCHENK (DOC. NO. [135]) IS DENIED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/25/2022. 5/25/2022 ENTERED AND COPIES E-MAILED.(rt) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Main Document) (17) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Exhibit A (PTX318)) (4) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Exhibit B (Transcript excerpts)) (8) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Exhibit C (PTX311)) (26) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Exhibit D (PTX312)) (30) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Text of Proposed Order) (1) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 182 | Response in Opposition to Motion (Certificate of Service) (1) Docket Text: RESPONSE in Opposition re [172] MOTION in Limine Nos. 1-4 filed by MARK A. BARRY. (Attachments: # (1) Exhibit A (PTX318), # (2) Exhibit B (Transcript excerpts), # (3) Exhibit C (PTX311), # (4) Exhibit D (PTX312), # (5) Text of Proposed Order, # (6) Certificate of Service)(COCHRAN, JONATHAN) |
| Apr 19, 2022 | 183 | Response in Opposition to Motion (Main Document) (17) Docket Text: RESPONSE in Opposition re [176] MOTION to Bifurcate Inequitable Conduct filed by DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Certificate of Service, # (2) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 183 | Response in Opposition to Motion (Certificate of Service) (1) Docket Text: RESPONSE in Opposition re [176] MOTION to Bifurcate Inequitable Conduct filed by DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Certificate of Service, # (2) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 183 | Response in Opposition to Motion (Text of Proposed Order) (1) Docket Text: RESPONSE in Opposition re [176] MOTION to Bifurcate Inequitable Conduct filed by DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Certificate of Service, # (2) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Main Document) (30) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Exhibit A) (9) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Exhibit B) (15) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Exhibit C) (10) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Exhibit D) (10) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Exhibit E) (4) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Exhibit F) (4) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Certificate of Service) (1) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 19, 2022 | 184 | Response in Opposition to Motion (Text of Proposed Order) (1) Docket Text: RESPONSE in Opposition re [173] MOTION in Limine filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service, # (8) Text of Proposed Order)(UNDERWOOD, JONATHAN) |
| Apr 5, 2022 | 179 | Order (1) Docket Text: ORDER, IT IS HEREBY ORDERED THAT: 1. PLAINTIFFS SHALL RESPOND TO DEFENDANTS MOTION IN LIMINE (DOC. NO. [172]) NO LATER THAN APRIL 19, 2022; 2. DEFENDANTS SHALL RESPOND TO PLAINTIFFS MOTION IN LIMINE (DOC. NO. [173]) AND MOTION TO BIFURCATE (DOC. NO. [176]) NO LATER THAN APRIL 19, 2022.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/5/2022. 4/5/2022 ENTERED AND COPIES MAILED AND E-MAILED.(rt) Modified on 4/11/2022 (rt). |
| Apr 5, 2022 | 180 | Order on Motion to Seal (1) Docket Text: ORDERED THAT PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER SEAL (DOC. NO. 174) IS GRANTED. PLAINTIFFS EXHIBITS 12 AND 14 TO HIS MOTION IN LIMINE (DOC. NO. 173) SHALL BE FILED UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/5/22.4/6/22 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(jaa, ) |
| Apr 5, 2022 | 181 | Order on Motion to Dismiss (1) Docket Text: ORDERED THAT PLAINTIFFS UNOPPOSED MOTION TO DISMISS (DOC. NO. 177) IS GRANTED; AND 2. PLAINTIFFS CLAIMS AGAINST DEFENDANTS FOR INFRINGEMENT OF U.S. PATENT NUMBER 9,339,301 (COUNT III) AND INFRINGEMENT OF U.S. PATENT NUMBER 9,668,788 (COUNT V) ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/5/22.4/6/22 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(jaa, ) |
| Sep 3, 2021 | N/A | Remark (0) Docket Text: COPY OF DOC. NO. 178 HAS BEEN MAILED TO COUNSEL. (bw, ) |
| Sep 2, 2021 | 178 | Order (1) Docket Text: ORDER THAT THE THIRD AMENDED SCHEDULING ORDER [164] IS SUSPENDED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/2/21. 9/2/21 ENTERED & E-MAILED. NOT MAILED TO NON-ECF ATTYS. (fdc) |
| Sep 1, 2021 | 177 | Motion to Dismiss (Main Document) (4) Docket Text: MOTION to Dismiss Unopposed Motion to Dismiss '301 and '788 Patent Claims filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Sep 1, 2021 | 177 | Motion to Dismiss (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss Unopposed Motion to Dismiss '301 and '788 Patent Claims filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 169 | Stipulation (3) Docket Text: STIPULATION PROPOSED STIPULATED ORDER by MARK A. BARRY. (HOLLOWAY, DAVID) |
| Aug 30, 2021 | 170 | Pretrial Memorandum (Main Document) (27) Docket Text: PRETRIAL MEMORANDUM by MARK A. BARRY Certificate of Service. (Attachments: # (1) Exhibit A - Dr. Barry's List of Trial Exhibits, # (2) Exhibit B - Summary of Disputed Legal Issues, # (3) Exhibit C - Summary of Dr. Barry's Supporting Evidence)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 170 | Pretrial Memorandum (Exhibit A - Dr. Barry's List of Trial Exhibits) (30) Docket Text: PRETRIAL MEMORANDUM by MARK A. BARRY Certificate of Service. (Attachments: # (1) Exhibit A - Dr. Barry's List of Trial Exhibits, # (2) Exhibit B - Summary of Disputed Legal Issues, # (3) Exhibit C - Summary of Dr. Barry's Supporting Evidence)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 170 | Pretrial Memorandum (Exhibit B - Summary of Disputed Legal Issues) (13) Docket Text: PRETRIAL MEMORANDUM by MARK A. BARRY Certificate of Service. (Attachments: # (1) Exhibit A - Dr. Barry's List of Trial Exhibits, # (2) Exhibit B - Summary of Disputed Legal Issues, # (3) Exhibit C - Summary of Dr. Barry's Supporting Evidence)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 170 | Pretrial Memorandum (Exhibit C - Summary of Dr. Barry's Supporting Evidence) (15) Docket Text: PRETRIAL MEMORANDUM by MARK A. BARRY Certificate of Service. (Attachments: # (1) Exhibit A - Dr. Barry's List of Trial Exhibits, # (2) Exhibit B - Summary of Disputed Legal Issues, # (3) Exhibit C - Summary of Dr. Barry's Supporting Evidence)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Main Document) (2) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Exhibit 1 - Joint Jury Instructions with Competing Proposals) (30) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Appendix A to Exhibit 1 - Stipulated Facts) (5) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Appendix B to Exhibit 1 - Claim Construction) (6) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art) (2) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Exhibit 2 - Dr. Barry Proposed Verdict Form) (19) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Exhibit 3 - DePuy Proposed Verdict Form) (17) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Exhibit 4 - Joint Proposed Voir Dire Questions) (4) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 171 | Proposed Jury Instructions (Exhibit 5 - Joint Proposed Jury Questionnaire) (5) Docket Text: Proposed Jury Instructions by MARK A. BARRY. (Attachments: # (1) Exhibit 1 - Joint Jury Instructions with Competing Proposals, # (2) Appendix A to Exhibit 1 - Stipulated Facts, # (3) Appendix B to Exhibit 1 - Claim Construction, # (4) Appendix C to Exhibit 1 - Person of Ordinary Skill in the Art, # (5) Exhibit 2 - Dr. Barry Proposed Verdict Form, # (6) Exhibit 3 - DePuy Proposed Verdict Form, # (7) Exhibit 4 - Joint Proposed Voir Dire Questions, # (8) Exhibit 5 - Joint Proposed Jury Questionnaire)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 172 | Motion in Limine (Main Document) (24) Docket Text: MOTION in Limine Nos. 1-4 filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Exhibit A - MDT MIL Rulings, # (2) Exhibit B - MDT Trial Transcript Excerpts, # (3) Exhibit C - Yassir Report Excerpts, # (4) Exhibit D - Proposed Order)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 172 | Motion in Limine (Exhibit A - MDT MIL Rulings) (13) Docket Text: MOTION in Limine Nos. 1-4 filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Exhibit A - MDT MIL Rulings, # (2) Exhibit B - MDT Trial Transcript Excerpts, # (3) Exhibit C - Yassir Report Excerpts, # (4) Exhibit D - Proposed Order)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 172 | Motion in Limine (Exhibit B - MDT Trial Transcript Excerpts) (13) Docket Text: MOTION in Limine Nos. 1-4 filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Exhibit A - MDT MIL Rulings, # (2) Exhibit B - MDT Trial Transcript Excerpts, # (3) Exhibit C - Yassir Report Excerpts, # (4) Exhibit D - Proposed Order)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 172 | Motion in Limine (Exhibit C - Yassir Report Excerpts) (24) Docket Text: MOTION in Limine Nos. 1-4 filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Exhibit A - MDT MIL Rulings, # (2) Exhibit B - MDT Trial Transcript Excerpts, # (3) Exhibit C - Yassir Report Excerpts, # (4) Exhibit D - Proposed Order)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 172 | Motion in Limine (Exhibit D - Proposed Order) (2) Docket Text: MOTION in Limine Nos. 1-4 filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Exhibit A - MDT MIL Rulings, # (2) Exhibit B - MDT Trial Transcript Excerpts, # (3) Exhibit C - Yassir Report Excerpts, # (4) Exhibit D - Proposed Order)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 173 | Motion in Limine (Main Document) (30) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 1 - Bridwell Report) (15) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 2 - O'Brien Depo) (6) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 3 - Order Granting-Denying JMOL) (3) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 4 - Barry-Medtronic Trial Transcript) (30) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 5 - DePuy Initial Disclosures) (4) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 6 - Prowse Rebuttal Report) (11) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 7 - Prowse Depo) (9) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 8 - Iyer Depo) (5) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 9 - Newton Depo) (4) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 10 - Yassir Depo) (5) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 11 - Barry Depo) (3) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit 13- Aaronson Depo) (3) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Declaration of Taylor Pfingst) (2) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit A to Pfingst Depo - Lenke Bio) (8) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Exhibit B to Pfingst Depo - Google Maps) (3) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 173 | Motion in Limine (Text of Proposed Order) (3) Docket Text: MOTION in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit 1 - Bridwell Report, # (2) Exhibit 2 - O'Brien Depo, # (3) Exhibit 3 - Order Granting-Denying JMOL, # (4) Exhibit 4 - Barry-Medtronic Trial Transcript, # (5) Exhibit 5 - DePuy Initial Disclosures, # (6) Exhibit 6 - Prowse Rebuttal Report, # (7) Exhibit 7 - Prowse Depo, # (8) Exhibit 8 - Iyer Depo, # (9) Exhibit 9 - Newton Depo, # (10) Exhibit 10 - Yassir Depo, # (11) Exhibit 11 - Barry Depo, # (12) Exhibit 12 - Filed Under Seal, # (13) Exhibit 13- Aaronson Depo, # (14) Exhibit 14 - Filed Under Seal, # (15) Declaration of Taylor Pfingst, # (16) Exhibit A to Pfingst Depo - Lenke Bio, # (17) Exhibit B to Pfingst Depo - Google Maps, # (18) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 174 | Motion to Seal (Main Document) (3) Docket Text: MOTION to Seal Certain Exhibits to Motions in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 174 | Motion to Seal (Text of Proposed Order) (1) Docket Text: MOTION to Seal Certain Exhibits to Motions in Limine filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 175 | Pretrial Memorandum (Main Document) (13) Docket Text: PRETRIAL MEMORANDUM by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. Certificate of Service. (Attachments: # (1) Exhibit A - Defendants' Exhibit List)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 175 | Pretrial Memorandum (Exhibit A - Defendants' Exhibit List) (30) Docket Text: PRETRIAL MEMORANDUM by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. Certificate of Service. (Attachments: # (1) Exhibit A - Defendants' Exhibit List)(LUCHESI, KENNETH) |
| Aug 30, 2021 | 176 | Motion to Bifurcate (Main Document) (4) Docket Text: MOTION to Bifurcate Inequitable Conduct filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Memorandum in Support of Motion to Bifurcate, # (2) Exhibit A - Henry Depo, # (3) Exhibit B - Limbach Depo, # (4) Exhibit C - DePuy Depo Designations, # (5) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 176 | Motion to Bifurcate (Memorandum in Support of Motion to Bifurcate) (8) Docket Text: MOTION to Bifurcate Inequitable Conduct filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Memorandum in Support of Motion to Bifurcate, # (2) Exhibit A - Henry Depo, # (3) Exhibit B - Limbach Depo, # (4) Exhibit C - DePuy Depo Designations, # (5) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 176 | Motion to Bifurcate (Exhibit A - Henry Depo) (30) Docket Text: MOTION to Bifurcate Inequitable Conduct filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Memorandum in Support of Motion to Bifurcate, # (2) Exhibit A - Henry Depo, # (3) Exhibit B - Limbach Depo, # (4) Exhibit C - DePuy Depo Designations, # (5) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 176 | Motion to Bifurcate (Exhibit B - Limbach Depo) (30) Docket Text: MOTION to Bifurcate Inequitable Conduct filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Memorandum in Support of Motion to Bifurcate, # (2) Exhibit A - Henry Depo, # (3) Exhibit B - Limbach Depo, # (4) Exhibit C - DePuy Depo Designations, # (5) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 176 | Motion to Bifurcate (Exhibit C - DePuy Depo Designations) (13) Docket Text: MOTION to Bifurcate Inequitable Conduct filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Memorandum in Support of Motion to Bifurcate, # (2) Exhibit A - Henry Depo, # (3) Exhibit B - Limbach Depo, # (4) Exhibit C - DePuy Depo Designations, # (5) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 30, 2021 | 176 | Motion to Bifurcate (Text of Proposed Order) (1) Docket Text: MOTION to Bifurcate Inequitable Conduct filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Memorandum in Support of Motion to Bifurcate, # (2) Exhibit A - Henry Depo, # (3) Exhibit B - Limbach Depo, # (4) Exhibit C - DePuy Depo Designations, # (5) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Aug 24, 2021 | 168 | Notice (Other) (4) Docket Text: NOTICE by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. Joint Notice and Stipulation Regarding Defendants' Motions to Exclude Certain Opinions and Testimony of Plaintiff's Experts (LUCHESI, KENNETH) |
| Apr 2, 2021 | 167 | Notice of Withdrawal of Appearance (2) Docket Text: NOTICE of Withdrawal of Appearance by ROBERT L. EBBY on behalf of MARK A. BARRY(EBBY, ROBERT) |
| Apr 1, 2021 | 166 | Notice of Change of Address (2) Docket Text: NOTICE of Firm Affiliation by JONATHAN L. COCHRAN(COCHRAN, JONATHAN) Modified on 4/3/2021 (tjd). |
| Mar 4, 2021 | 164 | Scheduling Order (3) Docket Text: THIRD AMENDED SCHEDULING ORDER THAT A TRIAL FOR THE ABOVE CAPTIONED CASE WILL BE HELD ON 9/21/21 AT 9:30 A.M.. A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 9/15/21 AT 10:00 A.M.. PRETRIAL MEMORANDUM AND ANY MOTIONS IN LIMINE ARE DUE BY 8/30/21; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/4/21. 3/4/21 ENTERED AND E-MAILED, NOT MAILED TO COUNSEL.(JL ) |
| Mar 4, 2021 | 165 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by JONATHAN J. UNDERWOOD on behalf of DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC (UNDERWOOD, JONATHAN) |
| Feb 3, 2021 | 163 | Order on Motion for Pro Hac Vice (Credit Card Payment) (1) Docket Text: ORDERED THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF APRIL ABELE ISAACSON (DOC. NO. 162) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/3/21.2/3/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) |
| Feb 2, 2021 | 162 | Motion for Pro Hac Vice (Credit Card Payment) (Main Document) (4) Docket Text: MOTION for Pro Hac Vice Of Attorney April Abele Isaacson ( Filing fee $ 40 receipt number 0313-14887425.) filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit A - Ms. Isaacson Pro Hac Vice Application, # (2) Declaration, # (3) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Feb 2, 2021 | 162 | Motion for Pro Hac Vice (Credit Card Payment) (Exhibit A - Ms. Isaacson Pro Hac Vice Application) (4) Docket Text: MOTION for Pro Hac Vice Of Attorney April Abele Isaacson ( Filing fee $ 40 receipt number 0313-14887425.) filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit A - Ms. Isaacson Pro Hac Vice Application, # (2) Declaration, # (3) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Feb 2, 2021 | 162 | Motion for Pro Hac Vice (Credit Card Payment) (Declaration) (1) Docket Text: MOTION for Pro Hac Vice Of Attorney April Abele Isaacson ( Filing fee $ 40 receipt number 0313-14887425.) filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit A - Ms. Isaacson Pro Hac Vice Application, # (2) Declaration, # (3) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Feb 2, 2021 | 162 | Motion for Pro Hac Vice (Credit Card Payment) (Text of Proposed Order) (1) Docket Text: MOTION for Pro Hac Vice Of Attorney April Abele Isaacson ( Filing fee $ 40 receipt number 0313-14887425.) filed by MARK A. BARRY.Certificate of Service. (Attachments: # (1) Exhibit A - Ms. Isaacson Pro Hac Vice Application, # (2) Declaration, # (3) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Nov 20, 2020 | 161 | Scheduling Order (4) Docket Text: SECOND AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 4/7/2021 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. MOTION IN LIMINE DUE BY 3/26/2021. PLAINTIFF PRETRIAL MEMO DUE BY 3/26/2021. DEFENDANT PRETRIAL MEMO DUE BY 3/26/2021. TRIAL DATE SET FOR 4/13/2021 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/20/20. 11/20/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) Modified on 11/20/2020 (jaa, ). |
| Nov 19, 2020 | 160 | Scheduling Order (4) Docket Text: AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 4/7/2021 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. DISCOVERY DUE BY 12/28/2020. MOTIONS DUE BY 1/27/2021. MOTION IN LIMINE DUE BY 3/26/2021. MOTION FOR SUMMARY JUDGMENT DUE BY 1/27/2021. PLAINTIFF PRETRIAL MEMO DUE BY 3/26/2021. DEFENDANT PRETRIAL MEMO DUE BY 3/26/2021. TRIAL DATE SET FOR 4/13/2021 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/19/20. 11/19/20 ENTERED AND COPIES E-MAILED.(jaa, ) |
| Nov 17, 2020 | 158 | Notice re: Cancellation of Hearing (1) Docket Text: NOTICE re: Cancellation of Hearing THE SETTLEMENT CONFERENCE SCHEDULED BEFORE JUDGE TIMOTHY R. RICE ON NOVEMBER 30, 2020 AT 9:30 IS CANCELLED.(dc) |
| Oct 28, 2020 | 157 | Notice of Hearing (2) Docket Text: NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR November 30, 2020 at 9:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE via teleconference.(dc) |
| Oct 22, 2020 | 155 | Order on Motion to Exclude (1) Docket Text: ORDER THAT DEFENDANT' MOTIONS TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY (ECF NOS. 133 AND 135) ARE DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT THIS MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/22/20.10/22/20 ENTERED AND COPIES E-MAILED.(mbh, ) |
| Oct 22, 2020 | 156 | Notice of Withdrawal of Appearance (3) Docket Text: NOTICE of Withdrawal of Appearance by JENNA PELLECCHIA on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.(PELLECCHIA, JENNA) |
| Oct 21, 2020 | 154 | Order on Motion for Judgment on the Pleadings (27) Docket Text: ORDER THAT PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. [103]) IS DENIED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. [104]) IS DENIED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/21/20.10/21/20 ENTERED AND COPIES NOT MAILED TO COUNSEL; E-MAILED.(amas, ) |
| Oct 16, 2020 | N/A | Summons Issued (0) |
| Oct 16, 2020 | 1 | Complaint (27) |
| Oct 16, 2020 | 1 | Civil Cover Sheets (3) |
| Oct 16, 2020 | 1 | Ex A (11) |
| Oct 16, 2020 | 1 | Ex B (12) |
| Oct 16, 2020 | 1 | Ex C (13) |
| Oct 16, 2020 | 1 | Ex D (14) |
| Oct 16, 2020 | 1 | Ex E (14) |
| Oct 16, 2020 | 1 | Ex F (4) |
| Oct 16, 2020 | 1 | Ex G (13) |
| Oct 16, 2020 | 1 | Ex H (41) |
| Oct 16, 2020 | 2 | Report Regarding Patent & Trademark (8) |
| Oct 16, 2020 | 15 | Motion to Amend/Correct (5) |
| Oct 16, 2020 | 15 | Exhibit A -Corrected Complaint for Patent Infringement (28) |
| Oct 16, 2020 | 15 | Text of Proposed Order (2) |
| Oct 16, 2020 | 20 | Amended Complaint (28) |
| Oct 16, 2020 | 20 | Exhibit (65) |
| Oct 16, 2020 | 20 | Exhibit (57) |
| Oct 16, 2020 | N/A | Set Motion and R&R Deadlines/Hearings (0) |
| Oct 16, 2020 | 65 | Order (5) |
| Oct 16, 2020 | 65 | Exhibit (31) |
| Oct 16, 2020 | 102 | Motion for Leave to File (5) |
| Oct 16, 2020 | 102 | Text of Proposed Order (1) |
| Oct 16, 2020 | 108 | Motion for Leave to File (6) |
| Oct 16, 2020 | 108 | Text of Proposed Order (1) |
| Oct 16, 2020 | 129 | Motion for Pro Hac Vice (Credit Card Payment) (6) |
| Oct 16, 2020 | 129 | Text of Proposed Order (1) |
| Oct 16, 2020 | 132 | Motion for Leave to File (7) |
| Oct 16, 2020 | 132 | Text of Proposed Order (2) |
| Oct 16, 2020 | 141 | Motion for Leave to File (3) |
| Oct 16, 2020 | 141 | Memorandum (4) |
| Oct 16, 2020 | 141 | Text of Proposed Order (1) |
| Oct 16, 2020 | 146 | Motion for Leave to File (6) |
| Oct 16, 2020 | 146 | Text of Proposed Order (1) |
| Oct 16, 2020 | 150 | Motion for Leave to File (3) |
| Oct 16, 2020 | 150 | Memorandum (4) |
| Oct 16, 2020 | 150 | Text of Proposed Order (1) |
| May 15, 2020 | 153 | Order on Motion for Leave to File (1) Docket Text: ORDERED THAT PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER SEAL (DOC. NO. 150) IS GRANTED. THE CLERK OF COURT SHALL SEAL AND IMPOUND THE MATERIALS IDENTIFIED IN PLAINTIFFS MOTION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/15/20.5/15/20 ENTERED AND COPIES E-MAILED.(jaa, ) *NOT MAILED TO COUNSEL. |
| May 13, 2020 | 151 | Response in Opposition to Motion (17) Docket Text: Sur-Reply in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk (Sur-Reply) REDACTED filed by MARK A. BARRY. (COCHRAN, JONATHAN) Modified on 5/14/2020 (tjd). |
| May 13, 2020 | 150 | Motion for Leave to File (Main Document) (3) Docket Text: MOTION for Leave to File Documents Under Seal filed by MARK A. BARRY. Memorandum, Certificate of Service. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order)(COCHRAN, JONATHAN) Modified on 5/14/2020 (tjd). |
| May 13, 2020 | 150 | Motion for Leave to File (Memorandum) (4) Docket Text: MOTION for Leave to File Documents Under Seal filed by MARK A. BARRY. Memorandum, Certificate of Service. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order)(COCHRAN, JONATHAN) Modified on 5/14/2020 (tjd). |
| May 13, 2020 | 150 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Documents Under Seal filed by MARK A. BARRY. Memorandum, Certificate of Service. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order)(COCHRAN, JONATHAN) Modified on 5/14/2020 (tjd). |
| May 7, 2020 | 148 | Order on Motion for Leave to File (1) Docket Text: ORDERED THAT DEFENDANTS MOTIONTO FILE DOCUMENTS UNDER SEAL (DOC. NO. 146) IS GRANTED. THE CLERK OF COURT SHALL SEAL AND IMPOUND THE MATERIALS IDENTIFIED IN DEFENDANTS MOTION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/7/20.5/7/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL.(jaa, ) |
| May 7, 2020 | 149 | Response in Opposition to Motion (10) Docket Text: Sur-Reply in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir (Sur-Reply) filed by MARK A. BARRY. (COCHRAN, JONATHAN) Modified on 5/8/2020 (tjd). |
| May 6, 2020 | 147 | Reply to Response to Motion (20) Docket Text: REPLY to Response to Motion re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk Redacted Public Version filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (PELLECCHIA, JENNA) |
| May 6, 2020 | 146 | Motion for Leave to File (Main Document) (6) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| May 6, 2020 | 146 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC... (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| May 5, 2020 | 145 | Reply to Response to Motion (17) Docket Text: REPLY to Response to Motion re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (PELLECCHIA, JENNA) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (32) |
| Apr 30, 2020 | 140 | Exhibit A (7) |
| Apr 30, 2020 | 140 | Exhibit B (41) |
| Apr 30, 2020 | 140 | Exhibit C (67) |
| Apr 30, 2020 | 140 | Exhibit D (28) |
| Apr 30, 2020 | 140 | Exhibit E (12) |
| Apr 30, 2020 | 140 | Exhibit F (10) |
| Apr 30, 2020 | 140 | Exhibit G (17) |
| Apr 30, 2020 | 140 | Exhibit H (8) |
| Apr 30, 2020 | 140 | Exhibit I (254) |
| Apr 30, 2020 | 140 | Exhibit J (9) |
| Apr 30, 2020 | 140 | Exhibit K (30) |
| Apr 30, 2020 | 140 | Exhibit L (4) |
| Apr 30, 2020 | 140 | Exhibit M (4) |
| Apr 30, 2020 | 140 | Exhibit N (2) |
| Apr 30, 2020 | 140 | Exhibit O (2) |
| Apr 30, 2020 | 140 | Text of Proposed Order (1) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (32) |
| Apr 30, 2020 | 142 | Exhibit A (60) |
| Apr 30, 2020 | 142 | Exhibit B - Filed Under Seal (1) |
| Apr 30, 2020 | 142 | Exhibit C - Filed Under Seal (1) |
| Apr 30, 2020 | 142 | Exhibit D - Filed Under Seal (1) |
| Apr 30, 2020 | 142 | Exhibit E - Filed Under Seal (1) |
| Apr 30, 2020 | 142 | Exhibit F (25) |
| Apr 30, 2020 | 142 | Exhibit G (8) |
| Apr 30, 2020 | 142 | Exhibit H (69) |
| Apr 30, 2020 | 142 | Text of Proposed Order (1) |
| Apr 30, 2020 | 143 | Order on Motion for Leave to File (1) Docket Text: ORDERED THAT PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER SEAL (DOC. NO. 141) IS GRANTED. THE CLERK OF COURT SHALL SEAL AND IMPOUND THE MATERIALS IDENTIFIED IN PLAINTIFFS MOTION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/30/20.4/30/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Main Document) (30) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit A) (7) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit B) (30) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit C) (30) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit D) (28) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit E) (12) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit F) (10) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit G) (17) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit H) (8) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit I) (30) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit J) (9) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit K) (30) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit L) (4) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit M) (4) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit N) (2) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Exhibit O) (2) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 140 | Response in Opposition to Motion (Text of Proposed Order) (1) Docket Text: RESPONSE in Opposition re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 141 | Motion for Leave to File (Main Document) (3) Docket Text: MOTION for Leave to File Documents Under Seal filed by MARK A. BARRY. Memorandum of Law, Certificate of Service. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order)(COCHRAN, JONATHAN) Modified on 5/1/2020 (tjd). |
| Apr 30, 2020 | 141 | Motion for Leave to File (Memorandum) (4) Docket Text: MOTION for Leave to File Documents Under Seal filed by MARK A. BARRY. Memorandum of Law, Certificate of Service. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order)(COCHRAN, JONATHAN) Modified on 5/1/2020 (tjd). |
| Apr 30, 2020 | 141 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Documents Under Seal filed by MARK A. BARRY. Memorandum of Law, Certificate of Service. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order)(COCHRAN, JONATHAN) Modified on 5/1/2020 (tjd). |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Main Document) (30) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit A) (30) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit B - Filed Under Seal) (1) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit C - Filed Under Seal) (1) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit D - Filed Under Seal) (1) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit E - Filed Under Seal) (1) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit F) (25) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit G) (8) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Exhibit H) (30) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 30, 2020 | 142 | Response in Opposition to Motion (Text of Proposed Order) (1) Docket Text: RESPONSE in Opposition re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by MARK A. BARRY. (Attachments: # (1) Exhibit A, # (2) Exhibit B - Filed Under Seal, # (3) Exhibit C - Filed Under Seal, # (4) Exhibit D - Filed Under Seal, # (5) Exhibit E - Filed Under Seal, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Apr 23, 2020 | 138 | Order on Motion for Leave to File (1) Docket Text: ORDERED THAT DEFENDANTS MOTION TO FILE DOCUMENTS UNDER SEAL (DOC. NO. 132) IS GRANTED. THE CLERK OF COURT SHALL SEAL AND IMPOUND THE MATERIALS IDENTIFIED IN DEFENDANTS MOTION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/23/20.4/23/20 ENTERED AND COPIES E-MAILED.(jaa, ) Modified on 4/23/2020 (jaa, ). *NOT MAILED TO COUNSEL. |
| Apr 23, 2020 | 139 | Order (1) Docket Text: ORDERED THAT PLAINTIFF RESPOND TO DEFENDANTS MOTIONS IN LIMINE (DOC. NOS. 133, 135) NO LATER THAN APRIL 30, 2020. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/23/20. 4/23/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO COUNSEL. (jaa, ) |
| Apr 22, 2020 | 133 | Motion to Exclude (4) |
| Apr 22, 2020 | 133 | Memorandum ISO Motion (32) |
| Apr 22, 2020 | 134 | Declaration (4) |
| Apr 22, 2020 | 134 | Exhibit A (28) |
| Apr 22, 2020 | 134 | Exhibit B (30) |
| Apr 22, 2020 | 134 | Exhibit C (283) |
| Apr 22, 2020 | 134 | Exhibit D (2) |
| Apr 22, 2020 | 134 | Exhibit E (75) |
| Apr 22, 2020 | 134 | Exhibit F (2) |
| Apr 22, 2020 | 134 | Exhibit G (2) |
| Apr 22, 2020 | 134 | Exhibit H (10) |
| Apr 22, 2020 | 134 | Exhibit I (9) |
| Apr 22, 2020 | 134 | Exhibit J (3) |
| Apr 22, 2020 | 134 | Exhibit K (2) |
| Apr 22, 2020 | 135 | Motion to Exclude (4) |
| Apr 22, 2020 | 135 | Memorandum ISO Motion (REDACTED) (29) |
| Apr 22, 2020 | 136 | Declaration (4) |
| Apr 22, 2020 | 136 | Exhibit A - FILED UNDER SEAL (1) |
| Apr 22, 2020 | 136 | Exhibit B - FILED UNDER SEAL (1) |
| Apr 22, 2020 | 136 | Exhibit C - FILED UNDER SEAL (1) |
| Apr 22, 2020 | 136 | Exhibit D (60) |
| Apr 22, 2020 | 136 | Exhibit E - REDACTED (20) |
| Apr 22, 2020 | 136 | Exhibit F (41) |
| Apr 22, 2020 | 136 | Exhibit G (10) |
| Apr 22, 2020 | 136 | Exhibit H - FILED UNDER SEAL (1) |
| Apr 22, 2020 | 136 | Exhibit I - FILED UNDER SEAL (1) |
| Apr 22, 2020 | 137 | Declaration (4) |
| Apr 22, 2020 | 137 | Exhibit J (69) |
| Apr 22, 2020 | 132 | Motion for Leave to File (Main Document) (7) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 132 | Motion for Leave to File (Text of Proposed Order) (2) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 133 | Motion to Exclude (Main Document) (4) Docket Text: MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum ISO Motion. (Attachments: # (1) Memorandum ISO Motion)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 133 | Motion to Exclude (Memorandum ISO Motion) (30) Docket Text: MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum ISO Motion. (Attachments: # (1) Memorandum ISO Motion)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Main Document) (4) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit A) (28) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit B) (30) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit C) (30) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit D) (2) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit E) (30) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit F) (2) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit G) (2) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit H) (10) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit I) (9) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit J) (3) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 134 | Declaration (Exhibit K) (2) Docket Text: Declaration re [133] MOTION to Exclude Certain Opinions and Testimony of Dr. Walid Yassir by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 135 | Motion to Exclude (Main Document) (4) Docket Text: MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum ISO Motion (REDACTED). (Attachments: # (1) Memorandum ISO Motion (REDACTED))(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 135 | Motion to Exclude (Memorandum ISO Motion (REDACTED)) (29) Docket Text: MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum ISO Motion (REDACTED). (Attachments: # (1) Memorandum ISO Motion (REDACTED))(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Main Document) (4) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit A - FILED UNDER SEAL) (1) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit B - FILED UNDER SEAL) (1) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit C - FILED UNDER SEAL) (1) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit D) (30) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit E - REDACTED) (20) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit F) (30) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit G) (10) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit H - FILED UNDER SEAL) (1) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 136 | Declaration (Exhibit I - FILED UNDER SEAL) (1) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - FILED UNDER SEAL, # (2) Exhibit B - FILED UNDER SEAL, # (3) Exhibit C - FILED UNDER SEAL, # (4) Exhibit D, # (5) Exhibit E - REDACTED, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H - FILED UNDER SEAL, # (9) Exhibit I - FILED UNDER SEAL)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 137 | Declaration (Main Document) (4) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk Part II by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit J)(PELLECCHIA, JENNA) |
| Apr 22, 2020 | 137 | Declaration (Exhibit J) (30) Docket Text: Declaration re [135] MOTION to Exclude Certain Opinions and Testimony of Dr. David Neal and Kimberly Schenk Part II by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit J)(PELLECCHIA, JENNA) |
| Jan 14, 2020 | 131 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT ALL DEADLINES OUTLINED IN MY SCHEDULING ORDER (DOC. NO. [94]) ARE STAYED PENDING MY DECISIONS ON PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING DEPUY'S INEQUITABLE CONDUCT DEFENSE (DOC. NO. [103]) AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS. 104-05).SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/14/2020. 1/14/2020 ENTERED AND COPIES E-MAILED.(rt) |
| Nov 26, 2019 | 130 | Order on Motion for Pro Hac Vice (Credit Card Payment) (1) Docket Text: ORDERED THAT PLAINTIFF DR. MARK BARRY'S APPLICATION FOR ADMISSION PRO HAC VICE OF KATHLEEN R. GEYER, ESQUIRE IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/22/19.11/27/19 ENTERED AND COPIES MAILED WITH ECF FORMS AND MAILED/E-MAILED.(jaa, ) |
| Nov 22, 2019 | 129 | Motion for Pro Hac Vice (Credit Card Payment) (Main Document) (6) Docket Text: MOTION for Pro Hac Vice of Kathleen R. Geyer ( Filing fee $ 40 receipt number 0313-13945422.) filed by MARK A. BARRY.Application, Declaration and Certificate of Service. (Attachments: # (1) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Nov 22, 2019 | 129 | Motion for Pro Hac Vice (Credit Card Payment) (Text of Proposed Order) (1) Docket Text: MOTION for Pro Hac Vice of Kathleen R. Geyer ( Filing fee $ 40 receipt number 0313-13945422.) filed by MARK A. BARRY.Application, Declaration and Certificate of Service. (Attachments: # (1) Text of Proposed Order)(COCHRAN, JONATHAN) |
| Nov 7, 2019 | 127 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO INCLUDE EXHIBITS IN HIS REPLY BRIEF (DOC. NO. [122]) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/7/2019. 11/7/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Nov 7, 2019 | 128 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT DEFENDANT DEPUY SYNTHES PRODUCTS APPLICATION FOR ADMISSION PRO HAC VICE OF THOMAS S. KOGLMAN, ESQUIRE (DOC. NO. [126]) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/7/2019. 11/7/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Nov 6, 2019 | 126 | Motion for Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice of Thomas S. Koglman, Esquire filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC...(PELLECCHIA, JENNA) Modified on 11/7/2019 (jaa, ). *FILING FEE PAID: 11/7/19. |
| Nov 1, 2019 | 125 | Reply to Response to Motion (16) Docket Text: SURREPLY to Response to Motion re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. (CROWDER, T.) Modified on 11/4/2019 (tjd). |
| Oct 31, 2019 | 124 | Reply to Response to Motion (18) Docket Text: SUR-REPLY to Response to Motion re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (HOLLOWAY, DAVID) Modified on 11/1/2019 (tjd). |
| Oct 25, 2019 | 121 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion re [103] MOTION for Judgment on the Pleadings re: DePuy's Inequitable Conduct Defense filed by MARK A. BARRY. (HOLLOWAY, DAVID) |
| Oct 25, 2019 | 122 | Motion for Leave to File (4) Docket Text: MOTION for Leave to File Exhibits with Dr. Barry's Reply Brief filed by MARK A. BARRY.Certificate of Service.(HOLLOWAY, DAVID) |
| Oct 25, 2019 | 123 | Reply to Response to Motion (18) |
| Oct 25, 2019 | 123 | Exhibit L (2) |
| Oct 25, 2019 | 123 | Exhibit M (Excerpted) (6) |
| Oct 25, 2019 | 123 | Exhibit N (Excerpted) (4) |
| Oct 25, 2019 | 123 | Reply to Response to Motion (Main Document) (18) Docket Text: REPLY to Response to Motion re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY. (Attachments: # (1) Exhibit L, # (2) Exhibit M (Excerpted), # (3) Exhibit N (Excerpted))(HOLLOWAY, DAVID) |
| Oct 25, 2019 | 123 | Reply to Response to Motion (Exhibit L) (2) Docket Text: REPLY to Response to Motion re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY. (Attachments: # (1) Exhibit L, # (2) Exhibit M (Excerpted), # (3) Exhibit N (Excerpted))(HOLLOWAY, DAVID) |
| Oct 25, 2019 | 123 | Reply to Response to Motion (Exhibit M (Excerpted)) (6) Docket Text: REPLY to Response to Motion re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY. (Attachments: # (1) Exhibit L, # (2) Exhibit M (Excerpted), # (3) Exhibit N (Excerpted))(HOLLOWAY, DAVID) |
| Oct 25, 2019 | 123 | Reply to Response to Motion (Exhibit N (Excerpted)) (4) Docket Text: REPLY to Response to Motion re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY. (Attachments: # (1) Exhibit L, # (2) Exhibit M (Excerpted), # (3) Exhibit N (Excerpted))(HOLLOWAY, DAVID) |
| Oct 24, 2019 | 120 | Reply to Response to Motion (18) Docket Text: REPLY to Response to Motion re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (LUCHESI, KENNETH) |
| Oct 11, 2019 | 109 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF DEPUY'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/11/2019. 10/11/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (33) |
| Oct 11, 2019 | 110 | Declaration of Andrew Rinehart in Support of Opposition (4) |
| Oct 11, 2019 | 110 | Exhibit A (10) |
| Oct 11, 2019 | 110 | Exhibit B (11) |
| Oct 11, 2019 | 110 | Exhibit C (12) |
| Oct 11, 2019 | 110 | Exhibit D (13) |
| Oct 11, 2019 | 110 | Exhibit E (14) |
| Oct 11, 2019 | 110 | Exhibit F (14) |
| Oct 11, 2019 | 110 | Exhibit G (13) |
| Oct 11, 2019 | 110 | Exhibit H (36) |
| Oct 11, 2019 | 110 | Exhibit I (30) |
| Oct 11, 2019 | 110 | Exhibit J (6) |
| Oct 11, 2019 | 110 | Exhibit K (7) |
| Oct 11, 2019 | 110 | Exhibit L (4) |
| Oct 11, 2019 | 110 | Exhibit M (5) |
| Oct 11, 2019 | 111 | Response (17) Docket Text: Response to Defendants' Statement of Undisputed Material Facts in Support of their Motion for Summary Judgment regarding Invalidity by MARK A. BARRY. (COCHRAN, JONATHAN) |
| Oct 11, 2019 | 112 | Response in Opposition to Motion (19) Docket Text: RESPONSE in Opposition re [103] MOTION for Judgment on the Pleadings re: DePuy's Inequitable Conduct Defense filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (LUCHESI, KENNETH) |
| Oct 11, 2019 | 113 | Declaration (3) |
| Oct 11, 2019 | 113 | Exhibit 1 - Barry Rog Responses (44) |
| Oct 11, 2019 | 114 | Response in Opposition to Motion (33) |
| Oct 11, 2019 | 114 | Response to Statement of Material Facts (Redacted) (11) |
| Oct 11, 2019 | 115 | Declaration (4) |
| Oct 11, 2019 | 115 | Exhibit 1 - Medtronic Trial Transcript Excerpts (18) |
| Oct 11, 2019 | 115 | Exhibit 2 - Barry Depo Excerpts (Redacted) (29) |
| Oct 11, 2019 | 115 | Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal) (1) |
| Oct 11, 2019 | 115 | Exhibit 4 - Yassir Depo Excerpts (8) |
| Oct 11, 2019 | 115 | Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal) (1) |
| Oct 11, 2019 | 115 | Exhibit 6 - Barry Rog Responses (20) |
| Oct 11, 2019 | 115 | Exhibit 7 - Pfefferkorn Depo Excerpts (4) |
| Oct 11, 2019 | 115 | Exhibit 8 - 358 Patent (11) |
| Oct 11, 2019 | 115 | Exhibit 9 - Hypertherm Motion (4) |
| Oct 11, 2019 | 115 | Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal) (1) |
| Oct 11, 2019 | 115 | Exhibit 11 - Sherman Expert Report Excerpts (8) |
| Oct 11, 2019 | 115 | Exhibit 12 - Sherman Depo Excerpts (3) |
| Oct 11, 2019 | 108 | Motion for Leave to File (Main Document) (6) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| Oct 11, 2019 | 108 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Main Document) (30) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Declaration of Andrew Rinehart in Support of Opposition) (4) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit A) (10) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit B) (11) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit C) (12) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit D) (13) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit E) (14) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit F) (14) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit G) (13) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit H) (30) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit I) (30) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit J) (6) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit K) (7) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit L) (4) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 110 | Response in Opposition to Motion (Exhibit M) (5) Docket Text: RESPONSE in Opposition re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by MARK A. BARRY. (Attachments: # (1) Declaration of Andrew Rinehart in Support of Opposition, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M)(COCHRAN, JONATHAN) |
| Oct 11, 2019 | 113 | Declaration (Main Document) (3) Docket Text: Declaration re [112] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Barry Rog Responses)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 113 | Declaration (Exhibit 1 - Barry Rog Responses) (30) Docket Text: Declaration re [112] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Barry Rog Responses)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 114 | Response in Opposition to Motion (Main Document) (30) Docket Text: RESPONSE in Opposition re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) (Redacted) filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Response to Statement of Material Facts (Redacted))(LUCHESI, KENNETH) |
| Oct 11, 2019 | 114 | Response in Opposition to Motion (Response to Statement of Material Facts (Redacted)) (11) Docket Text: RESPONSE in Opposition re [104] MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) (Redacted) filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Response to Statement of Material Facts (Redacted))(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Main Document) (4) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 1 - Medtronic Trial Transcript Excerpts) (18) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 2 - Barry Depo Excerpts (Redacted)) (29) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal)) (1) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 4 - Yassir Depo Excerpts) (8) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal)) (1) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 6 - Barry Rog Responses) (20) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 7 - Pfefferkorn Depo Excerpts) (4) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 8 - 358 Patent) (11) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 9 - Hypertherm Motion) (4) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal)) (1) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 11 - Sherman Expert Report Excerpts) (8) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Oct 11, 2019 | 115 | Declaration (Exhibit 12 - Sherman Depo Excerpts) (3) Docket Text: Declaration re [114] Response in Opposition to Motion, by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit 1 - Medtronic Trial Transcript Excerpts, # (2) Exhibit 2 - Barry Depo Excerpts (Redacted), # (3) Exhibit 3 - Barry Medtronic Depo Excerpts (Filed Under Seal), # (4) Exhibit 4 - Yassir Depo Excerpts, # (5) Exhibit 5 - Yassir Medtronic Depo Excerpts (Filed Under Seal), # (6) Exhibit 6 - Barry Rog Responses, # (7) Exhibit 7 - Pfefferkorn Depo Excerpts, # (8) Exhibit 8 - 358 Patent, # (9) Exhibit 9 - Hypertherm Motion, # (10) Exhibit 10 - Yassir Expert Report Excerpts (Filed Under Seal), # (11) Exhibit 11 - Sherman Expert Report Excerpts, # (12) Exhibit 12 - Sherman Depo Excerpts)(LUCHESI, KENNETH) |
| Sep 23, 2019 | 107 | Order on Motion for Leave to File (1) Docket Text: ORDERED THAT DEFENDANTS' MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL AND IMPOUND IS GRANTED. THE CLERK OF COURT SHALL SEAL AND IMPOUND DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT REGARDING INVALIDITY OF THE HANDLE-LESS CLAIMS OF THE ASSERTED PATENTS, AND EXHIBIT A ATTACHED THERETO. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/23/19.9/24/19 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL.(jaa, ) |
| Sep 20, 2019 | 103 | Motion for Judgment on the Pleadings (3) |
| Sep 20, 2019 | 103 | Memorandum ISO Motion (11) |
| Sep 20, 2019 | 103 | Text of Proposed Order (1) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (3) |
| Sep 20, 2019 | 104 | Memorandum ISO Motion (19) |
| Sep 20, 2019 | 104 | Statement of Facts (4) |
| Sep 20, 2019 | 104 | Exhibit A (Excerpted) (14) |
| Sep 20, 2019 | 104 | Exhibit B (Excerpted) (18) |
| Sep 20, 2019 | 104 | Exhibit C (Excerpted) (17) |
| Sep 20, 2019 | 104 | Exhibit D (Excerpted) (7) |
| Sep 20, 2019 | 104 | Exhibit E (Excerpted) (15) |
| Sep 20, 2019 | 104 | Exhibit F (2) |
| Sep 20, 2019 | 104 | Exhibit G (55) |
| Sep 20, 2019 | 104 | Exhibit H (Excerpted) (4) |
| Sep 20, 2019 | 104 | Exhibit I (2) |
| Sep 20, 2019 | 104 | Exhibit J (2) |
| Sep 20, 2019 | 104 | Exhibit K (3) |
| Sep 20, 2019 | 105 | Motion for Summary Judgment (4) |
| Sep 20, 2019 | 105 | Memorandum ISO Motion [Redacted] (30) |
| Sep 20, 2019 | 105 | Statement of Material Facts (9) |
| Sep 20, 2019 | 106 | Declaration (4) |
| Sep 20, 2019 | 106 | Exhibit A - Barry Depo Excerpts (Filed Under Seal) (1) |
| Sep 20, 2019 | 106 | Exhibit B - 358 Patent (11) |
| Sep 20, 2019 | 106 | Exhibit C - 121 Patent (13) |
| Sep 20, 2019 | 106 | Exhibit D - 301 Patent (13) |
| Sep 20, 2019 | 106 | Exhibit E - 787 Patent (14) |
| Sep 20, 2019 | 106 | Exhibit F - 788 Patent (14) |
| Sep 20, 2019 | 106 | Exhibit G - Yassir Depo Excerpts (19) |
| Sep 20, 2019 | 106 | Exhibit H - Yassir Report Excerpts (6) |
| Sep 20, 2019 | 106 | Exhibit I - 175 Patent (29) |
| Sep 20, 2019 | 106 | Exhibit J - 308 Patent (27) |
| Sep 20, 2019 | 102 | Motion for Leave to File (Main Document) (5) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| Sep 20, 2019 | 102 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Documents Under Seal filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Certificate of Service. (Attachments: # (1) Text of Proposed Order)(PELLECCHIA, JENNA) |
| Sep 20, 2019 | 103 | Motion for Judgment on the Pleadings (Main Document) (3) Docket Text: MOTION for Judgment on the Pleadings re: DePuy's Inequitable Conduct Defense filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 103 | Motion for Judgment on the Pleadings (Memorandum ISO Motion) (11) Docket Text: MOTION for Judgment on the Pleadings re: DePuy's Inequitable Conduct Defense filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 103 | Motion for Judgment on the Pleadings (Text of Proposed Order) (1) Docket Text: MOTION for Judgment on the Pleadings re: DePuy's Inequitable Conduct Defense filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Text of Proposed Order)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Main Document) (3) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Memorandum ISO Motion) (19) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Statement of Facts) (4) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit A (Excerpted)) (14) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit B (Excerpted)) (18) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit C (Excerpted)) (17) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit D (Excerpted)) (7) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit E (Excerpted)) (15) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit F) (2) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit G) (30) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit H (Excerpted)) (4) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit I) (2) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit J) (2) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 104 | Motion for Partial Summary Judgment (Exhibit K) (3) Docket Text: MOTION for Partial Summary Judgment on DePuy's Invalidity Defense Under 102(b) filed by MARK A. BARRY.Memorandum. (Attachments: # (1) Memorandum ISO Motion, # (2) Statement of Facts, # (3) Exhibit A (Excerpted), # (4) Exhibit B (Excerpted), # (5) Exhibit C (Excerpted), # (6) Exhibit D (Excerpted), # (7) Exhibit E (Excerpted), # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H (Excerpted), # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K)(HOLLOWAY, DAVID) |
| Sep 20, 2019 | 105 | Motion for Summary Judgment (Main Document) (4) Docket Text: MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum. (Attachments: # (1) Memorandum ISO Motion [Redacted], # (2) Statement of Material Facts)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 105 | Motion for Summary Judgment (Memorandum ISO Motion [Redacted]) (30) Docket Text: MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum. (Attachments: # (1) Memorandum ISO Motion [Redacted], # (2) Statement of Material Facts)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 105 | Motion for Summary Judgment (Statement of Material Facts) (9) Docket Text: MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC..Memorandum. (Attachments: # (1) Memorandum ISO Motion [Redacted], # (2) Statement of Material Facts)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Main Document) (4) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit A - Barry Depo Excerpts (Filed Under Seal)) (1) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit B - 358 Patent) (11) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit C - 121 Patent) (13) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit D - 301 Patent) (13) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit E - 787 Patent) (14) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit F - 788 Patent) (14) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit G - Yassir Depo Excerpts) (19) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit H - Yassir Report Excerpts) (6) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit I - 175 Patent) (29) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Sep 20, 2019 | 106 | Declaration (Exhibit J - 308 Patent) (27) Docket Text: Declaration re [105] MOTION for Summary Judgment Regarding Invalidity of the Handle-Less Claims of the Asserted Patents by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: # (1) Exhibit A - Barry Depo Excerpts (Filed Under Seal), # (2) Exhibit B - 358 Patent, # (3) Exhibit C - 121 Patent, # (4) Exhibit D - 301 Patent, # (5) Exhibit E - 787 Patent, # (6) Exhibit F - 788 Patent, # (7) Exhibit G - Yassir Depo Excerpts, # (8) Exhibit H - Yassir Report Excerpts, # (9) Exhibit I - 175 Patent, # (10) Exhibit J - 308 Patent)(LUCHESI, KENNETH) |
| Aug 29, 2019 | 101 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT THE CLERK OF COURT SHALL REMOVE THIS CASE FROM THE CIVIL SUSPENSE DOCKET. IT IS FURTHER ORDERED THAT THE ABOVE-CAPTIONED MATTER IS NO LONGER CONSOLIDATED FOR DISCOVERY PURPOSES WITH CIVIL NUMBER 17-2998. THE PARTIES SHALL HEREINAFTER FILE ALL PLEADINGS, MOTIONS, AND OTHER MATTERS RELATED TO THIS CIVIL ACTION ON THE ABOVE-CAPTIONED DOCKET.SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/29/2019. 8/29/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Aug 21, 2019 | 98 | Notice (Other) (1) Docket Text: NOTICE - Settlement conference scheduled for August 28, 2019 at 9:30 A.M. in Courtroom 3G before the Honorable Timothy R. Rice, United States Magistrate Judge is CANCELLED.(cms) |
| Aug 8, 2019 | 95 | Order (1) Docket Text: ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO INCLUDE EXHIBITS WITH REPLY BRIEF AND FILE DOCUMENTS UNDER SEAL (DOC. NO. 216 ) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/8/2019.8/8/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Aug 8, 2019 | 96 | Order on Motion for Sanctions (6) Docket Text: ORDER THAT PLAINTIFF'S MOTION FOR SANCTIONS IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/8/2019.8/8/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Aug 1, 2019 | 93 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF DEFENDANTS' JOINT REQUEST FOR CLARIFICATION (DOC. NO. 205) AND PLAINTIFF'S RESPONSE (DOC. NO. 207), IT IS HEREBY ORDERED THAT: 1. ALL DISCOVERY AND DISPOSITIVE MOTION DEADLINES IN MY JULY 1, 2019 SCHEDULING ORDER (DOC. NO. 200) SHALL REMAIN IN PLACE FOR BOTH CIV. NO. 17-2998 AND CIV. NO. 17-3003; ALL TRIAL DEADLINES IN MY JULY 1, 2019 SCHEDULING ORDER (DOC. NO. 200) SHALL APPLY ONLY TO BARRY V. GLOBUS MEDICAL, INC., CIV. NO. 17-2998; AND 3. AN APPROPRIATE SCHEDULING ORDER FOR TRIAL DEADLINES IN BARRY V. DEPUY SYNTHES COMPANIES, CIV. NO. 17-3003 SHALL FOLLOWSIGNED BY HONORABLE PAUL S. DIAMOND ON 8/1/2019. 8/1/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Aug 1, 2019 | 94 | Scheduling Order (4) Docket Text: SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 2/12/2020 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. MOTION IN LIMINE DUE BY 1/30/2020. PLAINTIFF PRETRIAL MEMO DUE BY 1/30/2020. DEFENDANT PRETRIAL MEMO DUE BY 1/30/2020. TRIAL DATE SET FOR 2/18/2020 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/1/19. 8/2/19 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL.(jaa, ) (DEADLINES STAYED AS PER DOCKET NO. [131]) Modified on 1/14/2020 (rt). |
| Jul 31, 2019 | 92 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SANCTIONS (DOC. NO. 210), IT IS HEREBY ORDERED THAT DEFENDANT GLOBUS MEDICAL, INC. SHALL RESPOND TO PLAINTIFF'S MOTION (DOC. NO. 210) IN WRITING NO LATER THAN NOON ON AUGUST 7, 2019. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/31/2019. 7/31/2019 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 30, 2019 | 91 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (DOC. NO. 208), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION (DOC. NO. 208) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/30/2019. 7/31/2019 ENTERED AND COPIES E-MAILEDSIGNED BY HONORABLE PAUL S. DIAMOND ON 7/30/2019. 7/31/2019 ENTERED AND COPIES MAILED AND E-MAILED. (COPIES MAILED TO J. HARTMAN AND K. LUCHESI).(rt) |
| Jul 25, 2019 | 89 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF DEPUY AND GLOBUS'S JOINT REQUEST FOR CLARIFICATION (DOC. NO. 205 ) SEEKING SEPARATE TRIAL DATES AND ASKING THAT DEPUY'S TRIAL PROCEED FIRST, IT IS HEREBY ORDERED THAT PLAINTIFF SHALL RESPOND IN WRITING NO LATER THAN NOON ON MONDAY, JULY 29, 2019.SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/25/2019. 7/25/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Jul 15, 2019 | 86 | Motion for Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice of Kenneth Luchesi, Esq. filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC...(PELLECCHIA, JENNA) Modified on 8/6/2019 (mbh, ). (FEE PAID ON 8/5/19) |
| Jul 15, 2019 | 87 | Order (1) Docket Text: ORDER THAT THE PARTIES' STIPULATION IS APPROVED AND ADOPTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/15/2019. 7/16/2019 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Jul 15, 2019 | 88 | Order on Motion for Pro Hac Vice (1) Docket Text: ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF KENNETH LUCHESI, ESQUIRE (DOC. NO. [86]) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/15/2019.7/16/2019 ENTERED AND COPIES MAILED TO LUCHESI WITH ECF FORMS AND E-MAILED.(amas) |
| Jul 1, 2019 | 84 | Order (30) Docket Text: ORDER, PLAINTIFF DR. MARK BARRY ALLEGES THAT DEFENDANT DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC., AND GLOBUS MEDICAL, INC. INDUCED OTHERS TO INFRINGE PLAINTIFF'S FIVE MEDICAL PATENTS. (DEPUY AM. COMPL. DOC., NO. 43; GLOBUS COMPL., DOC. NO. 1.) THE PARTIES HAVE PROPOSED HOW I SHOULD CONSTRUE PLAINTIFF'S PATENT CLAIM TERMS.....IN SUM, THE JURY WILL BE INSTRUCTED IN ACCORDANCE WITH MY INTERPRETATION OF THE DISPUTED CLAIM TERMS IN THE '358, '121, '301, '787, AND '788 PATENTS. UPON CONSIDERATION OF THE PARTIES' CLAIM CONSTRUCTION BRIEFING (DOC. NOS. 125, 126, 127, 135, 136, 137, 139, 151, 152, 153), THE AUGUST 2, 2018 MARKMAN HEARING (DOC. NO. 145), AND ALL RELATED SUBMISSIONS, IT IS HEREBY ORDERED THAT THE JURY WILL BE INSTRUCTED IN ACCORDANCE WITH THE COURT'S ABOVE INTERPRETATION OF THE DISPUTED CLAIM TERMS IN THE '358, '121, '301, '787, '788 PATENTS.SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/1/2019. 7/1/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Jul 1, 2019 | 85 | Scheduling Order (4) Docket Text: SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 12/11/2019 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. MOTION IN LIMINE DUE BY 12/2/2019. MOTION FOR SUMMARY JUDGMENT DUE BY 9/20/2019. PLAINTIFF PRETRIAL MEMO DUE BY 12/2/2019. DEFENDANT PRETRIAL MEMO DUE BY 12/2/2019. TRIAL DATE SET FOR 12/17/2019 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/1/2019. 7/1/2019 ENTERED AND COPIES E-MAILED.(rt) |
| Jun 3, 2019 | 82 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by ROBERT L. EBBY on behalf of MARK A. BARRY with Certificate of Service(EBBY, ROBERT) |
| Jun 3, 2019 | 83 | Notice of Withdrawal of Appearance (3) Docket Text: NOTICE of Withdrawal of Appearance by JOHN S. STAPLETON on behalf of MARK A. BARRY(STAPLETON, JOHN) |
| May 8, 2019 | 81 | Notice of Withdrawal of Appearance (3) Docket Text: NOTICE of Withdrawal of Appearance by ERWIN L. CENA on behalf of MARK A. BARRY(CENA, ERWIN) |
| Mar 14, 2019 | 80 | Order (1) |
| Mar 14, 2019 | 80 | *Restricted* (1) |
| Mar 14, 2019 | 80 | *Restricted* (1) |
| Mar 14, 2019 | 80 | *Restricted* (1) |
| Mar 14, 2019 | 80 | Order (Main Document) (1) Docket Text: ORDER THAT GLOBUS SHALL PRODUCE TO DR. BARRY THE THIRD PARTY DISCOVERY RECEIVED FROM UNIVERSAL SURVEY CENTER PURSUANT TO THE PROTECTIVE ORDERS ISSUED IN THIS CASE (DOC. NOS. 98, 112, AND 173 ) NO LATER THAN NOON ON 3/18/2019. DR. BARRY'S REQUEST TO STRIKE IS DENIED. EXHIBITS FILED UNDER SEAL. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/13/19. 3/14/19 ENTERED AND COPIES MAILED, E-MAILED TO COUNSEL.(jaa, ) (Additional attachment(s) added on 3/14/2019: # (1) Exhibit sealed document, # (2) Exhibit sealed document, # (3) Exhibit sealed document) (lvj, ). Modified on 3/18/2019 (nd, ). |
| Dec 6, 2018 | 76 | Notice of Withdrawal of Appearance (4) Docket Text: NOTICE of Withdrawal of Appearance by KEVIN T. KWON on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.CERTIFICATE OF SERVICE. (kp, ) |
| Dec 6, 2018 | 77 | Notice of Withdrawal of Appearance (4) Docket Text: NOTICE of Withdrawal of Appearance by CORINNA ALANIS on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.CERTIFICATE OF SERVICE.(kp, ) |
| Nov 27, 2018 | 75 | Notice of Withdrawal of Appearance (4) Docket Text: NOTICE of Withdrawal of Appearance by EUGENE MARDER on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC.(amas) |
| Oct 18, 2018 | 74 | Order (4) Docket Text: ORDER THAT FOR THE REASONS OUTLINED HEREIN, PLAINTIFF'S LETTER REQUEST ASKING THE COURT TO ORDER DISCLOSURE OF UNREDACTED COPIES OF ALL OF DEPUY'S DOCUMENTS RELATED TO ADVICE OF COUNSEL, OR IN THE ALTERNATIVE, TO STRIKE DEPUY'S ADVICE OF COUNSEL DEFENSE RELATING TO NON-INFRINGEMENT, IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/18/2018. 10/18/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Oct 17, 2018 | 73 | Order (1) Docket Text: ORDER THAT THE MOTIONS FOR PRO HAC VICE ADMISSION OF TRACY STITT, ESQUIRE, KAITLIN CROWDER, ESQUIRE, CALVIN GRIFFITH, ESQUIRE, AND PATRICK NORTON, ESQUIRE (DOC. NOS. 180, 181, 182, AND 183 ) ARE GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/17/2018.10/18/2018 ENTERED AND COPIES MAILED TO KAITLIN CROWDER WITH ECF APPLCIATION AND E-MAILED.(amas) |
| Oct 11, 2018 | 72 | Order (30) Docket Text: ORDER UPON CONSIDERATION OF DEFENDANT DEPUY'S MOTION TO COMPEL (EX. A), IT IS HEREBY ORDERED THAT DEFENDANT'S MOTION (EX. A) IS GRANTED. PLAINTIFF'S NUMEROSITY OBJECTIONS ARE OVERRULED. PLAINTIFF SHALL ANSWER DEFENDANT DEPUY'S INTERROGATORY NOS. 13-20 FORTHWITH.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/11/2018. 10/11/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Oct 10, 2018 | 69 | Order (1) Docket Text: ORDER, IN RESPONSE TO THE TELEPHONIC INQUIRY POSED BY THE PARTIES EARLIER TODAY, IT IS HEREBY ORDERED THAT DEFENDANT LARRY AARONSON IS NOT OBLIGATED TO ANSWER QUESTIONS REGARDING THE EXISTENCE OF AN OPINION OF COUNSEL, PROVIDING DEPUY HAS NOT AND WILL NOT RELY ON THAT OPINION ON DEFENDING THIS MATTER. AARONSON IS OBLIGATED TO ANSWER QUESTIONS RESPECTING AN OPINION OF COUNSEL UPON WHICH DEPUY HAS RELIED OR WILL RELY IN ITS DEFENSE. DEPUY WILL NOT BE PERMITTED TO PRESENT AN OPINION OF COUNSEL DEFENSE RESPECTING ANY OPINION WHOSE EXISTENCE OR SUBSTANCE HAS NOT BEEN DISCLOSED AS DESCRIBED ABOVE.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/2018. 10/10/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Oct 10, 2018 | 70 | Order (24) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S LETTER REQUEST (EX. A), DEFENDANT DEPUY'S OPPOSITION (EX. B), PLAINTIFF'S REPLY (EX. C), AND DEFENDANT DEPUY'S SUR-REPLY (EX. D), IT IS HEREBY ORDERED THAT PLAINTIFF SUBMIT TO THE COURT FOR IN CAMERA REVIEW UNREDACTED COPIES OF AARONSON'S OPINIONS PRODUCED BY DEPUY IN BOTH ELECTRONIC AND HARD-COPY FORMATS.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/2018. 10/10/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Oct 10, 2018 | 71 | Order (30) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION (EX. A) TO QUASH SUBPOENA TO ATTORNEY MICHAEL ELLIS, IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION (EX. A) IS DENIED WITHOUT PREJUDICE. FED. R. CIV. P. 45(D)(3);(F).SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/2018. 10/10/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Oct 9, 2018 | 68 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT DEFENDANT'S APPLICATION FOR ADMISSION PRO HAC VICE OF EUGENE MARDER, ESQUIRE (DOC. NO. 174) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/9/2018. 10/9/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Oct 5, 2018 | 67 | Order (3) Docket Text: ORDER UPON CONSIDERATION OF DEFENDANT DEPUY'S MOTION TO AMEND INVALIDITY CONTENTIONS (DOC. NO. 169), PLAINTIFF'S OPPOSITION (DOC. NO. 171), AND THE PARTIES' JOINT MOTION TO AMEND THE PROTECTIVE ORDER (DOC. NO. 172), IT IS HEREBY ORDERED THAT: 1. DEFENDANT DEPUY'S MOTION TO AMEND INVALIDITY CONTENTIONS (DOC. NO. 169) IS DENIED FOR FAILURE TO SHOW GOOD CAUSE; AND 2. THE PROTECTIVE ORDER (DOC. NO. 98) IS AMENDED (OUTLINED HEREIN). SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/5/2018. 10/5/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Oct 1, 2018 | 66 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF DEPUY'S MOTION TO AMEND INVALIDITY CONTENTIONS (DOC. NO. 169), IT IS HEREBY ORDERED THAT: 1. PLAINTIFF SHALL RESPOND TO DEFENDANT DEPUY'S MOTION (DOC. NO. 169) NO LATER THAN NOON ON OCTOBER 5, 2018; AND 2. THIS MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE ON OR ABOUT OCTOBER 16, 2018. PLAINTIFF'S COUNSEL SHALL CONTACT DEFENDANT'S COUNSEL, AND THEN THE PARTIES SHALL JOINTLY CONTACT JUDGE RICE'S CHAMBERS TO ARRANGE THIS CONFERENCE. JUDGE RICE WILL REQUIRE THAT LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY ATTEND THE CONFERENCE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/1/2018. 10/1/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Sep 11, 2018 | 65 | Order (Main Document) (5) Docket Text: ORDER THAT THE ORDER DATED 8/2/2018 IS AMENDED. THE PARTIES SHALL COMPLETE FACT DISCOVERY NO LATER THAN 10/15/2018. PLAINTIFF'S MOTION FOR A HEARING ON SURVEY ISSUES IS DENIED. DEFENDANT GLOBUS'S CROSS-MOTION TO PRECLUDE PLAINTIFF FROM RELYING ON MEDTRONIC SURVEY EVIDENCE IS DENIED. PLAINTIFF'S MOTION TO COMPEL REGARDING SUBPOENA IS GRANTED IN PART. PLAINTIFF'S LETTER REQUEST IS GRANTED IN PART. PLAINTIFF'S REQUEST FOR SANCTIONS IS DENIED. FURTHER INSTRUCTIONS AND DEADLINES AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/10/2018. 9/12/2018 ENTERED AND COPIES E-MAILED.(kp, ) (Additional attachment(s) added on 9/12/2018: # (1) Exhibit) (kp, ). |
| Sep 11, 2018 | 65 | Order (Exhibit) (30) Docket Text: ORDER THAT THE ORDER DATED 8/2/2018 IS AMENDED. THE PARTIES SHALL COMPLETE FACT DISCOVERY NO LATER THAN 10/15/2018. PLAINTIFF'S MOTION FOR A HEARING ON SURVEY ISSUES IS DENIED. DEFENDANT GLOBUS'S CROSS-MOTION TO PRECLUDE PLAINTIFF FROM RELYING ON MEDTRONIC SURVEY EVIDENCE IS DENIED. PLAINTIFF'S MOTION TO COMPEL REGARDING SUBPOENA IS GRANTED IN PART. PLAINTIFF'S LETTER REQUEST IS GRANTED IN PART. PLAINTIFF'S REQUEST FOR SANCTIONS IS DENIED. FURTHER INSTRUCTIONS AND DEADLINES AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/10/2018. 9/12/2018 ENTERED AND COPIES E-MAILED.(kp, ) (Additional attachment(s) added on 9/12/2018: # (1) Exhibit) (kp, ). |
| Sep 7, 2018 | 64 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT DEFENDANT'S APPLICATION FOR ADMISSION PRO HAC VICE OF KEVIN T. KWON, ESQUIRE (DOC. NO. 165) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/7/2018. 9/10/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Sep 4, 2018 | 63 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT DEFENDANT'S APPLICATION FOR PRO HAC VICE OF CORINNA ALANIS, ESQUIRE (DOC. NO. 158) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/4/2018. 9/4/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Aug 22, 2018 | 62 | Notice of Withdrawal of Appearance (4) Docket Text: NOTICE of Withdrawal of Appearance by JACKSON R. SMITH on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC. CERTIFICATE OF SERVICE. (kp, ) |
| Aug 16, 2018 | 61 | Order (10) Docket Text: ORDER THAT GLOBUS' LETTER REQUEST (EX. A) IS GRANTED IN PART. GLOBUS MAY SUBPOENA SURVEY SAMPLING INTERNATIONAL TO OBTAIN THE RESPONDENTS' IDENTITIES, ETC. GLOBUS SHALL FILE A FEE PETITION FOR THE EXPENSES IT INCURS IN OBTAINING THAT INFORMATION FROM SSI NO LATER THAN ONE BUSINESS DAY AFTER IT OBTAINS THE INFORMATION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/15/2018. 8/16/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED(kp, ) |
| Aug 14, 2018 | N/A | Transcript - No PDF (0) Docket Text: TRANSCRIPT of Proceedings held on 7/30/2018 before Judge DIAMOND. Court Reporter: ESR/WRITERS CRAMP TRANSCRIPTION SERVICE.. (kp, ) |
| Aug 7, 2018 | 59 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT DEFENDANT'S APPLICATION FOR ADMISSION PRO HAC VICE OF GENG CHEN, ESQUIRE (DOC. NO. 148) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/7/2018. 8/7/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Aug 2, 2018 | 57 | Order (2) Docket Text: IT IS HEREBY ORDERED THAT THE PARTIES EACH SHALL FILE NO LATER THAN AUGUST 9, 2018, A SUPPLEMENTAL CLAIM CONSTRUCTION MEMORANDUM ADDRESSING: 1. WHETHER AND TO WHAT EXTENT: (A) THE CONSTRUCTION OF A TERM IN AN EARLIER PATENT (E.G., THE '358 PATENT) AFFECTS THE CONSTRUCTION OF AN IDENTICAL OR SIMILAR TERM IN A LATER PATENT (E.G., THE '787 PATENT); AND (B) THE CONSTRUCTION OF A TERM IN A LATER PATENT AFFECTS THE CONSTRUCTION OF AN IDENTICAL OR SIMILAR TERM IN AN EARLIER PATENT. FOR EXAMPLE, WHETHER THE CONSTRUCTION OF A PARTICULAR TERM HAS TO BE THE SAME FOR EACH PATENT IN WHICH THAT TERM APPEARS; AND WHETHER A PATENT'S PROSECUTION HISTORY - WHICH INFORMS THE CONSTRUCTION OF A TERM IN THAT PATENT - IS RELEVANT TO THE CONSTRUCTION OF AN IDENTICAL OR SIMILAR TERM IN AN EARLIER/LATER PATENT; 2. WHETHER GLOBUS HAS TO PRODUCE EXTRINSIC EVIDENCE TO ESTABLISH INDEFINITENESS. SEE NAUTILUS V. BIOSIG INSTRUCTMENTS, INC. 134 S. CT. 2120, 2124 ("WE HOLD THAT A PATENT IS INVALID FOR INDEFINITENESS IF ITS CLAIMS, READ IN LIGHT OF THE SPECIFICATION DELINEATING THE PATENT, AND THE PROSECUTION HISTORY, FAIL TO INFORM, WITH REASONABLE CERTAINTY, THOSE SKILLED IN THE ART ABOUT THE SCOPE OF INVENTION."). THE DEPUY DEFENDANTS NEED NOT ADDRESS THIS ISSUE; 3. THE RELVANCE (TO THE EXTENT THAT IT CAN BE DETERMINED AT THIS STAGE) OF THE PARTIES' DISPUTES RESPECTING WHETHER: (A) "SELECTING" REQUIRES A "PRE-FORMED" TOOL; AND (B) A "PEDICLE SCREW (CLUSTER) DEROTATION TOOL" MUST BE A TOOL THAT ENGAGES PEDICLE SCREWS ON ONLY ONE SIDE OF THE SPINE, AS OPPOSED TO BEING A TOOL THAT CAN ENGAGE PEDICLE SCREWS ON ONE OR BOTH SIDES OF THE SPINE; AND 4. WHETHER THE COURT MUST CONSTRUE CLAIMS THAT ARE IMMATERIAL TO THE PARTIES' INFRINGEMENT AND INVALIDITY CONTENTIONS. EACH PARTY'S SUPPLEMENTAL MEMORANDUM SHALL BE NO MORE THAN TWENTY-FIVE PAGES IN THE FORMAT FOR MOTIONS SET OUT IN THE STANDING ORDER. (SEE GENERALLY STANDING ORDER VI.A, DOC. NO. 3 ). 8/2/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Aug 2, 2018 | 58 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF THE PARTIES' JOINT MOTION TO EXTEND FACT DISCOVERY (DOC. NO. 147), IT IS HEREBY ORDERED THAT THAT PARTIES' JOINT MOTION (DOC. NO. 147) IS GRANTED IN PART. THE PARTIES SHALL COMPLETE FACT DISCOVERY NO LATER THAN SEPTEMBER 21, 2018.SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/2/2018. 8/6/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 27, 2018 | 55 | Notice of Hearing (1) Docket Text: NOTICE of Hearing: CLAIM CONSTRUCTION HEARING SET FOR 7/30/2018 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND.(rt) |
| Jul 24, 2018 | 54 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT NO LATER THAN 2:00 P.M. ON WEDNESDAY, JULY 25, 2018, THE PARTIES SHALL FILE A JOINT CLAIM CONSTRUCTION HEARING MEMORANDUM DESCRIBING: 1. THE NAMES OF COUNSEL WHO WILL APPEAR FOR EACH PARTY AT THE JULY 30, 2018 CLAIM CONSTRUCTION HEARING; 2. THE ORDER IN WHICH PARTIES WILL PRESENT THEIR CASES; 3. APPROXIMATELY HOW MUCH TIME EACH PARTY WILL REQUIRE; AND 4. THE WITNESSES THAT EACH PARTY WILL CALL, IF ANY, AND A BRIEF (ONE OR TWO SENTENCES) DESCRIPTION OF EACH WITNESSES' EXPECTED TESTIMONY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/24/2018. 7/25/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 20, 2018 | 53 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION TO STRIKE ARGUMENT NOT TIMELY DISCLOSED (DOC. NO. 129) AND DEFENDANT GLOBUS MEDICAL, INC.'S RESPONSE (DOC. NO. 132), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION (DOC. NO. 129) IS DENIED. DEFENDANT GLOBUS MUST, HOWEVER, COMPLY WITH THIS COURT'S SCHEDULING ORDERS, AND CONFER WITH PLAINTIFF BEFORE REQUIRING PLAINTIFF TO SEEK COURT INTERVENTION (SEE PL'S MOT. TO STRIKE 2 N.1, DOC. NO. 129) ("THIS IS NOT THE FIRST TIME GLOBUS HAS SIMPLY DISREGARDED THE SCHEDULE SET BY THE COURT."); ID AT 3 ("WHEN DR. BARRY INQUIRED AS TO WHEN GLOBUS DISCLOSED THIS POSITION, POINTING OUT THAT FAILURE TO COMPLY WITH THE COURT'S ORDER RENDERS IT WAIVED, GLOBUS DID NOT DIRECTLY RESPOND AND TOLD DR. BARRY "(Y)OU CAN ARGUE WHAT YOU WILL.").) IF I AM CONVINCED THAT ANY PARTY IS DISREGARDING MY ORDERS, I AM PREPARED TO IMPOSE APPROPRIATE SANCTIONS.SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/20/2018. 7/20/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 13, 2018 | 52 | Order (5) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S LETTER REQUEST (EX. A) FOR CLARIFICATION OF THE ORDER (DOC. NO. 131) COMPELLING DEFENDANTS TO PROVIDE INVOICES, IT IS HEREBY ORDERED THAT THE "REQUESTED INVOICES" INCLUDE THE RELATED DOCUMENTS DISCUSSED IN PLAINTIFF'S MOTION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/13/2018. 7/13/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 10, 2018 | 51 | Order (19) Docket Text: ORDER UPON CONSIDERATION OF DEFENDANT GLOBUS MEDICAL, INC.'S MOTION TO COMPEL (EX. A), PLAINTIFF'S RESPONSE (EX. B), AND GLOBUS' REPLY (EX. C), IT IS HEREBY ORDERED THAT GLOBUS' MOTION (EX. A) IS GRANTED AS FOLLOWS: 1. PLAINTIFF SHALL IMMEDIATELY DISCLOSE THE IDENTITIES OF THE RESPONDENT-SURGEONS IN THE MEDTRONIC SURVEY (TO THE EXTENT KNOWN TO PLAINTIFF AND HIS EXPERTS) AND ANY FUTURE SURVEYS UNLESS PLAINTIFF AND HIS COUNSEL CERTIFY TO DEFENDANTS AND THE COURT THAT THEY HAVE MADE AND WILL MAKE ABSOLUTELY NO USE OF THE MEDTRONIC SURVEY OR ANY SUBSEQUENT SURVEYS IN THESE CONSOLIDATED MATTERS; AND 2. PLAINTIFF SHALL PRESERVE ANY EXISTING INFORMATION RESPECTING THE IDENTITIES OF THE RESPONDENT-SURGEONS TO THE MEDTRONIC SURVEY, AND CONDUCT ANY FUTURE SURVEYS IN A MANNER THAT ALLOWS THE IDENTITIES OF ALL RESPONDENTS TO BE DISCOVERED UPON ORDER OF COURT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/10/2018. 7/11/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 9, 2018 | 49 | Order (1) Docket Text: IT IS HEREBY ORDERED THAT DEFENDANT GLOBUS MEDICAL, INC. SHALL RESPOND TO PLAINTIFF'S MOTION TO STRIKE ARGUMENT NOT TIMELY DISCLOSED (DOC. NO. 129 ) NO LATER THAN 9:30 A.M. ON JULY 11, 2018. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/9/2018. 7/9/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jul 9, 2018 | 50 | Order (26) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION TO COMPEL (EX. A.), DEFENDANTS' RESPONSES (EXS. B, C), AND PLAINTIFF'S REPLIES (EXS. D,E), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION (EX. A.) IS GRANTED IN PART AS FOLLOWS: 1. THE DEPUY DEFENDANTS SHALL IMMEDIATELY PRODUCE THE REQUESTED INVOICES FROM THREE MONTHS (OF PLAINTIFF'S CHOOSING) FOR EACH YEAR, BEGINNING IN 2011. PLAINTIFF'S REQUEST FOR INVOICES IS OTHERWISE DENIED WITHOUT PREJUDICE; 2. THE DEPUY DEFENDANTS SHALL IMMEDIATELY PRODUCE A COMPLETE LIST OF ITS SALES REPRESENTATIVES (WHETHER EMPLOYED BY DEPUY OR A THIRD PARTY, TERMINATED, RETIRED, ETC.) INVOLVED IN THE SALE OF DEPUY'S ACCUSED PRODUCTS FROM JULY 2011 OR LATER; 3. DEFENDANT GLOBUS SHALL IMMEDIATELY PRODUCE THE REQUESTED INVOICES FROM THREE MONTHS (OF PLAINTIFF'S CHOOSING) FOR EACH YEAR, BEGINNING IN 2011. PLAINTIFF'S REQUEST FOR INVOICES IS OTHERWISE DENIED WITHOUT PREJUDICE; AND 4. DEFENDANT GLOBUS SHALL IMMEDIATELY PRODUCE A COMPLETE LIST OF SALES REPRESENTATIVES (WHETHER EMPLOYED BY GLOBUS, OR A THIRD PARTY, TERMINATED, RETIRED, ETC.) INVOLVED IN THE SALE OF GLOBUS' ACCUSED PRODUCTS FROM JULY 2011 OR LATER. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/9/2019. 7/10/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jun 29, 2018 | 48 | Order (1) |
| Jun 29, 2018 | 48 | Exhibit A (9) |
| Jun 29, 2018 | 48 | Order (Main Document) (1) Docket Text: ORDER THAT PLAINTIFF SHALL RESPOND TO GLOBUS' LETTER REQUEST (EX A) NO LATER THAN 7/2/2018, AT 4:30 PM. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/28/2018. (Attachments: # (1) Exhibit A)6/29/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Jun 29, 2018 | 48 | Order (Exhibit A) (9) Docket Text: ORDER THAT PLAINTIFF SHALL RESPOND TO GLOBUS' LETTER REQUEST (EX A) NO LATER THAN 7/2/2018, AT 4:30 PM. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/28/2018. (Attachments: # (1) Exhibit A)6/29/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Jun 27, 2018 | 47 | Notice of Change of Address (3) Docket Text: NOTICE of Change of Address by JOHN S. STAPLETON(STAPLETON, JOHN) |
| Jun 22, 2018 | 46 | Order (1) Docket Text: ORDERED THAT DEFENDANT'S APPLICATION FOR ADMISSION PRO HAC VICE OF NATHAN B. SABRI, ESQUIRE IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/22/18. 6/22/18 ENTERED AND COPIES MAILED/EMAILED TO COUNSEL.(jaa, ) |
| Jun 20, 2018 | 45 | Order (2) Docket Text: ORDER UPON CONSIDERATION OF THE PARTIES' MOTION TO AMEND TIME AND PAGE LIMITS (DOC. NO. 120 ), IT IS HEREBY ORDERED THAT THE PARTIES' MOTION (DOC. NO. 120 ) IS GRANTED AS FOLLOWS: 1. EACH PARTY SHALL FILE AN OPENING CLAIM CONSTRUCTION BRIEF OF NO MORE THAN THIRTY PAGES FOR EACH DEFENDANT OR FORTY PAGES FOR PLAINTIFF, NO LATER THAN JUNE 29, 2018; 2. EACH PARTY SHALL FILE A RESPONSIVE CLAIM CONSTRUCTION BRIEF OF NO MORE THAN TWENTY-FIVE PAGES FOR EACH DEFENDANT OR FORTY PAGES FOR PLAINTIFF, NO LATER THAN JULY 13, 2018; AND 3. THE PARTIES SHALL NOT FILE REPLY BRIEFS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/20/2018. 6/20/2018 ENTERED AND COPIES E-MAILED.(rt) |
| Jun 8, 2018 | 44 | Order (2) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION TO COMPEL (DOC. NO. 110 ), DEFENDANTS' RESPONSE (DOC. NO. 113 ), PLAINTIFF'S REPLY (DOC. NO. 114 ), DEFENDANTS' SUR-RESPONSE (DOC. NO. 115 ), AND ALL RELATED MATERIALS (DOC. NOS. 111, 112 ), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION (DOC. NO. 110 ) IS GRANTED IN PART AS FOLLOWS:1. THE DEPUY DEFENDANTS NUMEROSITY OBJECTION TO INTERROGATORY ELEVEN IS OVERRULED IN PART. PLAINTIFF HAS PROPOUNDED ONLY EIGHTEEN INTERROGATORIES OR DISCREET SUBPARTS. INTERROGATORY ONE CONTAINS TWO SUBPARTS, RELATING TO: (1) THE ACCUSED PRODUCTS AND THEIR PARTS; AND (2) ASSOCIATED PRODUCTS. INTERROGATORY TWO CONTAINS TWO SUBPARTS, SEEKING DESCRIPTIONS OF: (A) THE PRODUCTION (MANUFACTURE AND SHIPPING) OF THE ACCUSED PRODUCTS; AND (B) THE USE, SALE, OR LOAN OF THE ACCUSED PRODUCTS. INTERROGATORY FOUR HAS TWO SUBPARTS, INVOLVING: (A) HOW THE ACCUSED PRODUCTS CAN AND ARE INSTRUCTED TO BE USED; AND (B) A DESCRIPTION OF PRE-SURGERY ASSEMBLY. INTERROGATORY NINE CONTAINS FIVE SUBPARTS,2. RELATING TO: (A) WHEN DEFENDANTS LEARNED OF (I) PLAINTIFF AND HIS PATENTS; (II) THE MEDTRONIC LITIGATION; (III) THE TRIVIUM SYSTEM; AND (IV) THE VCM SYSTEM; AND (B) DEFENDANTS RESPONSE TO LEARNING ABOUT PLAINTIFFS PATENTS. DEFENDANTS SHALL RESPOND TO PLAINTIFFS INTERROGATORY ELEVEN NO LATER THAN JUNE 15, 2018; 2. DEFENDANTS OBJECTION THAT INTERROGATORY ELEVEN IS OVERBROAD IS SUSTAINED. DEFENDANTS ARE NOT REQUIRED TO DESCRIBE ANY CHANGES IN THE PROCESSES OR PROCEDURES DESCRIBED IN THE INTERROGATORY BEFORE JANUARY 1, 2003; AND 3. DEFENDANTS OBJECTION THAT PLAINTIFFS REQUEST FOR DOCUMENTS IS UNDULY BURDENSOME IS OVERRULED IN PART. DEFENDANTS SHALL IMMEDIATELY CONTACT 20 OF THEIR MOST ACTIVE SALES REPRESENTATIVES BY EMAIL TO DETERMINE IF THEY HAVE RESPONSIVE DOCUMENTS, AND, IF SO, THEIR NUMBER. IF NO SUCH DOCUMENTS EXIST, DEFENDANTS SHALL SO INFORM PLAINTIFF AT THE EARLIEST OPPORTUNITY. OTHERWISE, NO LATER THAN JULY 31, 2018, DEFENDANTS SHALL PRODUCE ANY SUCH DOCUMENTS TO PLAINTIFF. DEPENDING ON THE NATURE OF ANY SUCH PRODUCTION, PLAINTIFF MAY MOVE TO COMPEL WITH RESPECT TO DEFENDANTS REMAINING SALES REPRESENTATIVES.SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/8/2018. 6/8/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| Jun 5, 2018 | 40 | Order (1) Docket Text: ORDER THAT THE DEPUY DEFENDANTS SHALL RESPOND TO PLAINTIFF'S MOTION (COURT'S EX. A) NO LATER THAN 5:00 PM, ON 6/6/2018. THE CLERK OF COURT SHALL SEAL AND IMPOUND PLAINTIFF'S EXHIBIT C (COURT'S EX. B). SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/5/2018. 6/6/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Jun 5, 2018 | 41 | Motion to Compel (24) Docket Text: MOTION TO COMPEL, FILED BY MARK A. BARRY. (amas). Modified on 6/6/2018 (amas). |
| Jun 5, 2018 | 43 | Protective Order (4) Docket Text: AMENDED PROTECTIVE ORDER, AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/5/2018. 6/6/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Jun 5, 2018 | N/A | Set Motion and R&R Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines as to [41] MOTION to Compel. RESPONSES DUE BY 6/6/2018. (amas) |
| May 21, 2018 | 39 | Order (1) Docket Text: ORDER UPON CONSIDERATION OF PLAINTIFF'S OMNIBUS MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (DOC. NO. 92 IN CASE 17-2998) AND NOTICE OF FILING OF REDACTED INFRINGEMENT CONTENTIONS IN RESPONSE TO THE COURT'S MAY 16, 2018 ORDER (DOC. NO. 100 IN CASE 17-2998), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION (DOC. NO. 92 IN CASE 17-2998) IS DENIED AS MOOT.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/21/2018. 5/22/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| May 15, 2018 | 38 | Order (2) Docket Text: IT IS HEREBY ORDERED THAT PLAINTIFF SHALL SHOW CAUSE WHY THE PLAINTIFF'S UNREDACTED DISCLOSURES OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS SHOULD REMAIN SEALED NO LATER THAN MAY 22, 2018.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/15/2018. 5/16/2018 ENTERED AND COPIES E-MAILED.(rt) |
| May 11, 2018 | 36 | Order (26) Docket Text: ESI DISCOVERY ORDER OUTLINED HEREIN, WITH APPENDIX A AND B ATTACHED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/11/2018. 5/11/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| May 11, 2018 | 37 | Order (30) Docket Text: PROTECTIVE ORDER OUTLINED HEREIN, WITH EXHIBIT A ENDORSEMENT OF PROTECTIVE ORDER ATTACHED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/11/2018. 5/11/2018 ENTERED AND COPIES MAILED AND E-MAILED.(rt) |
| May 3, 2018 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings: MISCELLANEOUS HEARING SET FOR 7/31/2018 09:30 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. (amas) |
| May 3, 2018 | N/A | Set/Reset Scheduling Order Deadlines (0) Docket Text: Set/Reset Scheduling Order Deadlines: DISCOVERY DUE BY 9/6/2018. (tjd) |
| May 3, 2018 | 33 | Scheduling Order (6) Docket Text: SCHEDULING ORDER THAT DEFENDANTS' MOTION TO STAY THE CASE PENDING RELATED APPEALS (DOC. NO. [89]) IS DENIED. DEFENDANTS IN C.A. NO. 17-3003 SHALL BE TREATED AS A SINGLE DEFENDANT FOR PURPOSES OF DISCOVERY, ETC. PLAINTIFF SHALL FILE ANY AMENDED PLEADINGS NO LATER THAN 5/10/2018. ANY DEFENDANT NAMED IN ANY AMENDED PLEADING SHALL RESPOND NO LATER THAN 5/24/2018. ALL DISCOVERY FOR CLAIM CONSTRUCTION SHALL BE COMPLETED NO LATER THAN 6/12/2018. A CLAIM CONSTRUCTION HEARING IS SCHEDULED FOR 7/31/2018, AT 9:30 AM, IN ROOM 14614. FURTHER INFORMATION AND DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/3/2018. 5/4/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Apr 30, 2018 | 30 | Order (11) Docket Text: ORDER THAT DEFENDANT'S MOTION TO TRANSFER VENUE AND SEVER (17-2998, DOC. NO. 57) IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/30/2018.4/30/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Apr 30, 2018 | 31 | Order (1) Docket Text: ORDER THAT DEFENDANTS' REQUEST FOR AN ORDER REQUIRING PLAINTIFF TO SERVE DISCLOSURES OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS BEFORE THE PRELIMINARY PRETRIAL CONFERENCE (DOC. NO. [76]) IS DENIED. THE PARTIES SHALL FILE AN AMENDED RULE 26(F) MEMORANDUM NO LATER THAN NOON ON 5/2/2018, WITH UPDATED PROPOSED SCHEDULING DATES. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/30/2018. 5/1/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Apr 27, 2018 | 29 | Order (9) Docket Text: ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. [36]) IS GRANTED IN PART. PLAINTIFF'S CONTRIBUTORY INFRINGEMENT CLAIMS ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF SHALL FILE AN AMENDED COMPLAINT IN C.A. NO. 17-2998 NO LATER THAN 5/10/2018. DEFENDANT'S MOTION (DOC. NO. [36]) IS OTHERWISE DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/27/2018.4/27/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas) |
| Mar 14, 2018 | 28 | Notice of Hearing (1) Docket Text: NOTICE of Hearing: PRETRIAL CONFERENCE SET FOR 5/3/2018 02:00 PM IN Philadelphia BEFORE HONORABLE PAUL S. DIAMOND.(rt) |
| Mar 5, 2018 | 27 | Notice of Hearing (1) Docket Text: NOTICE of Hearing: PRETRIAL CONFERENCE SET FOR 4/20/2018 11:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(rt) |
| Jan 29, 2018 | 26 | Order (2) Docket Text: ORDER THAT DEFENDANTS' MOTION TO STAY PROCEEDINGS (DOC. NO. 74 ) IS DENIED WITHOUT PREJUDICE. DEFENDANTS DEPUY SYNTHES PRODUCTS, INCORPORATED, DEPUY SYNTHES SALES, INCORPORATED, AND MEDICAL DEVICE BUSINESS SERVICES, INCORPORATED MAY RESPOND TO PLAINTIFF'S SUR-RESPONSE (DOC. NO. 67 ) NO LATER THAN 4:00 PM ON FRIDAY, 2/2/2018. PLAINTIFF MAY RESPOND TO DEFENDANTS' RESPONSE TO THE COURT'S ORDER (DOC. NO. 68 ) NO LATER THAN 4:00 PM ON FRIDAY, 2/2/2018. THE PARTIES SHALL NOT FILE ANY ADDITIONAL MATERIAL ON DEFENDANTS' MOTION TO TRANSFER VENUE AND SEVER (DOC. NO. 57 ) WITHOUT LEAVE OF COURT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/29/18. 1/29/18 ENTERED AND COPIES MAILED AND E-MAILED.(nl, ) |
| Nov 3, 2017 | 25 | Order (4) Docket Text: ORDER THAT DEFENDANTS DEPUY SYNTHES PRODUCTS, INCORPORATED, DEPUY SYNTHES SALES, INCORPORATED, AND MEDICAL DEVICE BUSINESS SERVICES, INCORPORATED SHALL FILE A MEMORANDUM, ACCOMPANIED BY DECLARATIONS OR OTHER EVIDENCE, ADDRESSING WHETHER THEIR EMPLOYEES PROVIDE TRAINING, INSTRUCTION, OR ENCOURAGEMENT WHILE THE EMPLOYEES ARE IN THIS DISTRICT OR WHILE THE SURGEONS ARE IN THIS DISTRICT, NO LATER THAN 9:00 AM ON FRIDAY, 11/10/2017. PLAINTIFF SHALL FILE A SUR-RESPONSE ADDRESSING WHAT DUPLICATIVE EXPENSES WILL ARISE IF THE DEPUY ACTION IS TRANSFERRED, AND DESCRIBING AT LEAST SOME SPECIFIC DISCOVERY WHICH PLAINTIFF REASONABLY ANTICIPATES WILL OVERLAP IN BOTH CASES, NO LATER THAN 9:00 AM ON FRIDAY, 11/10/2017. IT IS FURTHER ORDERED THAT THE PARTIES SHALL NOT FILE ANY ADDITIONAL MATERIAL ON DEFENDANTS' MOTION (DOC. NO. 57) WITHOUT LEAVE OF COURT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/3/17. 11/3/17 ENTERED AND COPIES MAILED AND E-MAILED.(nl, ) |
| Oct 31, 2017 | 24 | Order (1) Docket Text: ORDER THAT DEFENDANTS' APPLICATIONS FOR ADMISSION PRO HAC VICE OF MARK L. WHITAKER, ESQUIRE (CIV. NO. 17-2998, DOC. NO. 59) AND JOSHUA A. HARTMAN, ESQUIRE (CIV. NO. 17-2998, DOC. NO. 60) ARE GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/31/17. 11/1/17 ENTERED AND COPIES MAILED AND E-MAILED.(nl, ) |
| Oct 27, 2017 | 23 | Order (1) Docket Text: ORDER THAT PLAINTIFF SHALL RESPOND TO DEFENDANTS DEPUY SYNTHES PRODUCTS, INCORPORATED, DEPUY SYNTHES SALES, INCORPORATED, AND MEDICAL DEVICE BUSINESS SERVICES, INCORPORATED'S MOTION TO TRANSFER VENUE AND SEVER (CIV. NO. 17-2998, DOC. NO. 57) NO LATER THAN 9:00 AM ON WEDNESDAY, 11/1/2017. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/27/17. 10/27/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Oct 17, 2017 | 22 | Order (1) Docket Text: ORDER THAT DEFENDANTS DEPUY SYNTHES PRODUCTS, INCORPORATED, MEDICAL DEVICE BUSINESS SERVICES, INCORPORATED, AND DEPUY SYNTHES SALES, INCORPORATED SHALL JOINTLY OR INDEPENDENTLY FILE A MOTION TO SEVER AND TRANSFER VENUE OR INFORM THE COURT OF THEIR INTENT TO CONTINUE LITIGATING CIVIL ACTION NO. 17-3003 IN THE EASTERN DISTRICT OF PENNSYLVANIA, NO LATER THAN TUESDAY, 10/24/2017. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/17/17. 10/18/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Oct 16, 2017 | 21 | Order (1) Docket Text: ORDER THAT DEFENDANTS' APPLICATION FOR ADMISSION PRO HAC VICE OF BARBARA N. BARATH, ESQUIRE (DOC. NO. 49 ) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/16/17. 10/16/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Sep 28, 2017 | N/A | Summons Issued (0) Docket Text: 2 Summons Issued as to DEPUY SYNTHES PRODUCTS, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. Forwarded To: COUNSEL on 9/29/2017 (kp, ) |
| Sep 28, 2017 | 19 | Order (2) Docket Text: ORDER THAT PLAINTIFF'S COMPLAINT (CIV. NO. 17-3003, DOC. NO. [1]) AS TO DEFENDANT DEPUY SYNTHES COMPANIES IS DISMISSED WITHOUT PREJUDICE; DEPUY SYNTHES PRODUCTS INCORPORATED, MEDICAL DEVICE BUSINESS SERVICES, INCORPORATED, AND DEPUY SYNTHES SALES, INCORPORATED'S ANSWER (CIV. NO. 17-2998, DOC. NO. 37) IS STRICKEN WITHOUT PREJUDICE; AND PLAINTIFF SHALL FILE AN AMENDED COMPLAINT ONLY AS TO THE COMPLAINT IN CIVIL ACTION NO. 17-3003 (CIV. NO. 17-3003, DOC. NO. [1]) NO LATER THAN 9:00 AM ON THURSDAY, 10/5/2017. PLAINTIFF SHALL FILE THE AMENDED COMPLAINT ON THE DOCKET OF CIVIL ACTION NO. 17-2998, IN ACCORDANCE WITH MY ORDER (CIV. NO. 17-2998, DOC. NO. 4) DATED 7/12/2017. DEFENDANTS NAMED IN PLAINTIFF'S AMENDED COMPLAINT SHALL RESPOND TO THE AMENDED COMPLAINT AS PROVIDED BY FEDERAL RULE OF CIVIL PROCEDURE 15(a)(3).. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/28/17. 9/28/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Sep 28, 2017 | 20 | Amended Complaint* (1) |
| Sep 28, 2017 | 20 | Amended Complaint (Main Document) (28) Docket Text: AMENDED COMPLAINT against DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC., DEPUY SYNTHES PRODUCTS, INC., filed by MARK A. BARRY.CERTIFICATE OF SERVICE. (Attachments: # (1) Exhibit, # (2) Exhibit)(kp, ) |
| Sep 28, 2017 | 20 | Amended Complaint (Exhibit) (30) Docket Text: AMENDED COMPLAINT against DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC., DEPUY SYNTHES PRODUCTS, INC., filed by MARK A. BARRY.CERTIFICATE OF SERVICE. (Attachments: # (1) Exhibit, # (2) Exhibit)(kp, ) |
| Sep 28, 2017 | 20 | Amended Complaint (Exhibit) (30) Docket Text: AMENDED COMPLAINT against DEPUY SYNTHES SALES, INC, MEDICAL DEVICE BUSINESS SERVICES, INC., DEPUY SYNTHES PRODUCTS, INC., filed by MARK A. BARRY.CERTIFICATE OF SERVICE. (Attachments: # (1) Exhibit, # (2) Exhibit)(kp, ) |
| Sep 27, 2017 | 18 | Letter (2) Docket Text: LETTER FROM JOHN S. STAPLETON, ESQUIRE TO THE HONORABLE PAUL S. DIAMOND DATED 9/27/2017 IN RE: AMENDED COMPLAINT. (nl, ) |
| Sep 26, 2017 | 17 | Order (1) Docket Text: ORDER THAT PLAINTIFF'S MOTION (CIV. NO. 17-2998, DOC. NO. 35) IS HEREBY DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 15(a)(2), AND DEFENDANTS SHALL RESPOND PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 15(a)(3). SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/25/17. 9/26/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Sep 21, 2017 | 16 | Order on Motion to Amend/Correct (1) Docket Text: ORDER THAT PLAINTIFF'S MOTION (CIV. NO. 17-3003, DOC. NO. [15]) IS DENIED WITHOUT PREJUDICE FOR FAILING TO COMPLY WITH MY ORDER (CIV. NO. 17-2998, DOC. NO. 4; CIV. NO. 17-3003, DOC. NO. [4]) DATED 7/12/2017. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/21/17. 9/21/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Sep 20, 2017 | 15 | Motion to Amend/Correct (Main Document) (5) Docket Text: MOTION to File Corrected Complaint filed by MARK A. BARRY. Certificate of Service. (Attachments: # (1) Exhibit A -Corrected Complaint for Patent Infringement, # (2) Text of Proposed Order)(STAPLETON, JOHN) Modified on 9/21/2017 (tjd). |
| Sep 20, 2017 | 15 | Motion to Amend/Correct (Exhibit A -Corrected Complaint for Patent Infringement) (28) Docket Text: MOTION to File Corrected Complaint filed by MARK A. BARRY. Certificate of Service. (Attachments: # (1) Exhibit A -Corrected Complaint for Patent Infringement, # (2) Text of Proposed Order)(STAPLETON, JOHN) Modified on 9/21/2017 (tjd). |
| Sep 20, 2017 | 15 | Motion to Amend/Correct (Text of Proposed Order) (2) Docket Text: MOTION to File Corrected Complaint filed by MARK A. BARRY. Certificate of Service. (Attachments: # (1) Exhibit A -Corrected Complaint for Patent Infringement, # (2) Text of Proposed Order)(STAPLETON, JOHN) Modified on 9/21/2017 (tjd). |
| Sep 11, 2017 | 14 | Order (1) Docket Text: ORDER THAT DEFENDANT'S MOTION (CIV. NO. 17-2998, DOC. NO. 27) IS GRANTED. DEFENDANT GLOBUS MEDICAL, INCORPORATED SHALL RESPOND TO THE COMPLAINT (CIV. NO. 17-2998, DOC. NO. 1) NO LATER THAN MONDAY, 9/25/2017. IT IS FURTHER ORDERED THAT DEFENDANTS DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS, LLC, AND DEPUY SYNTHES SALES, INCORPORATED, SHALL RESPOND TO THE COMPLAINT (CIV. NO. 17-3003, DOC. NO. [1]) NO LATER THAN MONDAY, 9/25/2017. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/11/17. 9/11/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Aug 25, 2017 | 13 | Notice of Withdrawal of Appearance (2) Docket Text: NOTICE of Withdrawal of Appearance by KEVIN J. O'BRIEN on behalf of MARK A. BARRY. CERTIFICATE OF SERVICE. (kp, ) |
| Aug 3, 2017 | 12 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by STEVEN D. MASLOWSKI on behalf of DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC, DEPUY SYNTHES SALES, INC with Certificate of Service(MASLOWSKI, STEVEN) |
| Aug 2, 2017 | 11 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by JONATHAN L. COCHRAN on behalf of MARK A. BARRY with Certificate of Service(COCHRAN, JONATHAN) |
| Aug 1, 2017 | 10 | Notice of Appearance (3) Docket Text: NOTICE of Appearance by JENNA PELLECCHIA on behalf of DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC, DEPUY SYNTHES SALES, INC with Certificate of Service(PELLECCHIA, JENNA) |
| Jul 25, 2017 | 5 | Order (1) Docket Text: ORDER THAT THE MOTION FOR ADMISSION OF ATTORNEY D. CLAY HOLLOWAY, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/25/17. 7/25/17 ENTERED AND COPIES MAILED TO D. CLAY HOLLOWAY, ESQUIRE (WITH ECF APPLICATION), MAILED TO UNREPS, E-MAILED.(nl, ) |
| Jul 25, 2017 | 6 | Order (1) Docket Text: ORDER THAT THE MOTION FOR ADMISSION OF ATTORNEY KEVIN J. O'BRIEN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/25/17. 7/25/17 ENTERED AND COPIES MAILED TO KEVIN J. O'BRIEN, ESQUIRE (WITH ECF APPLICATION), MAILED TO COUNSEL AND UNREPS, E-MAILED.(nl, ) |
| Jul 25, 2017 | 8 | Order (1) Docket Text: ORDER THAT THE MOTION FOR ADMISSION OF ATTORNEY DARIO A. MACHLEIDT, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/25/17. 7/25/17 ENTERED AND COPIES MAILED TO DARIO A. MACHLEIDT, ESQUIRE (WITH ECF APPLICATION), MAILED TO COUNSEL AND UNREPS, E-MAILED.(nl, ) |
| Jul 25, 2017 | 9 | Order (1) Docket Text: ORDER THAT THE MOTION FOR ADMISSION OF ATTORNEY ERWIN L. CENA, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/25/17.7/25/17 ENTERED AND COPIES MAILED TO ERWIN L. CENA, ESQUIRE (WITH ECF APPLICATION), MAILED TO COUNSEL AND UNREPS, E-MAILED.(nl, ) |
| Jul 25, 2017 | 7 | Order (1) Docket Text: ORDER THAT THE MOTION FOR ADMISSION OF ATTORNEY MITCHELL G. STOCKWELL, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/25/17. 7/25/17 ENTERED AND COPIES MAILED TO COUNSEL AND UNREPS, E-MAILED.(nl, ) |
| Jul 12, 2017 | 3 | Order (7) Docket Text: STANDING ORDER ENTERED AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/12/17. 7/12/17 ENTERED AND COPIES E-MAILED.(nl, ) |
| Jul 12, 2017 | 4 | Order (1) Docket Text: ORDER THAT THE ABOVE-CAPTIONED MATTERS ARE CONSOLIDATED FOR THE PURPOSES OF DISCOVERY. SEE FED. R. CIV. P. 42(A)(2). ALL PLEADINGS, MOTIONS, DISCOVERY, AND OTHER MATTERS IN BOTH CASES SHALL BE FILED IN CIVIL ACTION NO. 17-2998. ALL PAPERS FILED IN THE CONSOLIDATED ACTION SHALL HAVE THE FOLLOWING CAPTION: BARRY V. GLOBUS MEDICAL, INC., CIVIL ACTION NO. 17-2998. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL PLACE CIVIL ACTION NO. 17-3003 IN SUSPENSE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/12/17. 7/12/17 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED TO COUNSEL.(nl, ) |
| Jul 5, 2017 | N/A | Jury Demand (0) Docket Text: DEMAND for Trial by Jury by MARK A. BARRY. (tj, ) |
| Jul 5, 2017 | 1 | Complaint (Main Document) (27) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Civil Cover Sheets) (3) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex A) (11) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex B) (12) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex C) (13) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex D) (14) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex E) (14) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex F) (4) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex G) (13) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 1 | Complaint (Ex H) (30) Docket Text: COMPLAINT against DEPUY SYNTHES COMPANIES, DEPUY SYNTHES PRODUCTS LLC, DEPUY SYNTHES SALES, INC ( Filing fee $ 400 receipt number 162092.), filed by MARK A. BARRY. (Attachments: # (1) Civil Cover Sheets)(tj, ) (Additional attachment(s) added on 7/6/2017: # (2) Ex A, # (3) Ex B, # (4) Ex C, # (5) Ex D, # (6) Ex E, # (7) Ex F, # (8) Ex G, # (9) Ex H) (tj, ). |
| Jul 5, 2017 | 2 | Report Regarding Patent & Trademark (8) Docket Text: REPORT on the filing or determination of an action regarding patent and/or trademark number(s) US 7,670,358 B2; US 8,361,121 B2; US 9,668,787 B2; US 9,668,788 B2 & 9,339,301 B2. (tj, ) |
