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Case number 1:21-cv-00806

Barry v. SeaSpine Holdings Corp. et al > Documents

Date Field Doc. No.Description (Pages)
Jan 30, 2023 30 NOTICE OF SERVICE of Plaintiff Dr. Mark A. Barry's Amended Initial Disclosures filed by Mark A. Barry.(Murphy, Regina) (Entered: 01/30/2023) (2)
Nov 14, 2022 29 ORAL ORDER: The Motion to Dismiss Defendants' Counterclaims (D.I. 20 ) is DISMISSED as moot in view of D.I. 25 . Ordered by Judge Richard G. Andrews on 11/14/2022. (nms) (Entered: 11/14/2022) (0)
Nov 14, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: The Motion to Dismiss Defendants' Counterclaims (D.I. [20]) is DISMISSED as moot in view of D.I. [25]. Ordered by Judge Richard G. Andrews on 11/14/2022. (nms)
Apr 7, 2022 28 Transcript (13)
Docket Text: Official Transcript of Scheduling Teleconference held on 03/08/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Triozzi, Heather)
Mar 21, 2022 27 Scheduling Order (15)
Docket Text: CONSOLIDATED SCHEDULING ORDER: These actions are consolidated for all purposes other than trial, and all filings shall be made in 20-1787-RGA. Joinder of Parties due by 6/3/2022. Amended Pleadings due by 6/3/2022. Fact Discovery completed by 2/17/2023. Dispositive Motions due by 7/31/2023. Joint Claim Construction Brief due by 11/18/2022. A Markman Hearing is set for 12/15/2022, at 8:30 AM in Courtroom 6A. A Pretrial Conference in C.A. 20-1787-RGA is set for 12/21/2023, at 9:00 AM in Courtroom 6A with a 5 day Jury Trial starting on 1/2/2024 at 9:00 AM in Courtroom 6A. A Pretrial Conference in C.A. 21-805-RGA is set for 1/26/2024, at 9:00 AM in Courtroom 6A with a 5 day jury trial scheduled to start 2/5/2024, at 9:00 in Courtroom 6A. A Pretrial Conference in C.A. 21-806-RGA is set for 2/23/2024 at 8:30 AM in Courtroom 6A with a 5 day Jury Trial is set to start 3/4/2024, at 9:00 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 3/21/2022. Associated Cases: 1:20-cv-01787-RGA, 1:21-cv-00805-RGA, 1:21-cv-00806-RGA(nms)
Mar 18, 2022 26 Proposed Order (Cover Letter) (1)
Docket Text: PROPOSED Scheduling Order, by Mark A. Barry. (Attachments: # (1) Exhibit A, # (2) Letter)(Gattuso, Dominick) Modified on 3/18/2022 (nms).
Mar 18, 2022 26 Proposed Order (Exhibit A) (3)
Docket Text: PROPOSED Scheduling Order, by Mark A. Barry. (Attachments: # (1) Exhibit A, # (2) Letter)(Gattuso, Dominick) Modified on 3/18/2022 (nms).
Mar 18, 2022 26 Proposed Order (Main Document) (12)
Docket Text: PROPOSED Scheduling Order, by Mark A. Barry. (Attachments: # (1) Exhibit A, # (2) Letter)(Gattuso, Dominick) Modified on 3/18/2022 (nms).
Mar 16, 2022 25 Answer to Counterclaim (26)
Docket Text: ANSWER to [17] Answer to Complaint, Counterclaim , Amended COUNTERCLAIM against Mark A. Barry by SeaSpine Orthopedics Corp., SeaSpine Holdings Corp., SeaSpine, Inc..(Clark, Cameron)
Mar 8, 2022 N/A Scheduling Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Rule 16(b) Telephonic Scheduling Conference held on 3/8/2022. Counsel for Plaintiff: D. Gattuso. Counsel for Defendants: J. Tigan, P. Rovner, C. Clark. In CA No. 20-cv-1787; A Jury Trial is set to begin on January 2, 2024, at 9:00 AM. A Pretrial Conference is set for December 21, 2023 at 9:00 AM. In CA No. 21-cv-805; A Jury Trial is set to begin on February 5, 2024, at 9:00 AM. A Pretrial Conference is set for January 26, 2024, at 9:00 AM. In CA No. 20-cv-806; A Jury Trial is set to begin on March 4, 2024 at 9:00 AM. A Pretrial Conference is set for February 23, 2024 at 8:30 AM. Counsel is directed to resubmit the proposed scheduling order reflecting the rulings made at the conference. (Court Reporter Heather Triozzi.) Associated Cases: 1:20-cv-01787-RGA, 1:21-cv-00805-RGA, 1:21-cv-00806-RGA (lak)
Mar 4, 2022 24 Proposed Order (Letter re Scheduling Order) (1)
Docket Text: PROPOSED Scheduling Order, by Mark A. Barry. (Attachments: # (1) Exhibit A, # (2) Letter)(Gattuso, Dominick) Modified on 3/4/2022 (nms).
Mar 4, 2022 24 Proposed Order (Exhibit A) (4)
Docket Text: PROPOSED Scheduling Order, by Mark A. Barry. (Attachments: # (1) Exhibit A, # (2) Letter)(Gattuso, Dominick) Modified on 3/4/2022 (nms).
Mar 4, 2022 24 Proposed Order (Main Document) (17)
Docket Text: PROPOSED Scheduling Order, by Mark A. Barry. (Attachments: # (1) Exhibit A, # (2) Letter)(Gattuso, Dominick) Modified on 3/4/2022 (nms).
Mar 4, 2022 23 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Dr. Mark A. Barry's Identification of Asserted Patents, Accused Products, Preliminary Damages Model, and Confirmation of Production of File Histories filed by Mark A. Barry.(Gattuso, Dominick)
Mar 2, 2022 22 Letter (1)
Docket Text: Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., regarding dial-in for Scheduling Conference. (Gattuso, Dominick) Modified on 3/3/2022 (nms).
Mar 2, 2022 21 Opening Brief in Support (12)
Docket Text: OPENING BRIEF in Support re [20] MOTION to Dismiss Defendants' Counterclaims, filed by Mark A. Barry.Answering Brief/Response due date per Local Rules is 3/16/2022. (Gattuso, Dominick) Modified on 3/2/2022 (nms).
Mar 2, 2022 20 Motion to Dismiss (Text of Proposed Order) (1)
Docket Text: MOTION to Dismiss Defendants' Counterclaims - filed by Mark A. Barry. (Attachments: # (1) Proposed Order)(Gattuso, Dominick) Modified on 3/2/2022 (nms).
Mar 2, 2022 20 Motion to Dismiss (Main Document) (2)
Docket Text: MOTION to Dismiss Defendants' Counterclaims - filed by Mark A. Barry. (Attachments: # (1) Proposed Order)(Gattuso, Dominick) Modified on 3/2/2022 (nms).
Feb 25, 2022 19 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Plaintiff Dr. Mark A. Barry's Initial Disclosures; and, (ii) Plaintiff Dr. Mark A. Barry's Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Mark A. Barry.(Gattuso, Dominick)
Feb 22, 2022 18 Order Setting Scheduling Conference (1)
Docket Text: Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 3/8/2022, at 2:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 2/22/2022. (nms)
Feb 9, 2022 17 Answer to Complaint (25)
Docket Text: ANSWER to [1] Complaint, with Jury Demand and COUNTERCLAIMS against Mark A. Barry, by SeaSpine Orthopedics Corp., SeaSpine Holdings Corp., SeaSpine, Inc..(Egan, Brian) Modified on 2/10/2022 (nms).
Feb 8, 2022 16 Motion for Leave to Appear Pro Hac Vice (7)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Chad T. Nitta, Jason S. Jackson and Heather N. Tilley - filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc.. (Egan, Brian)
Feb 8, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [16] MOTION for Pro Hac Vice Appearance of Attorney Chad T. Nitta, Jason S. Jackson and Heather N. Tilley, filed by SeaSpine Holdings Corp., SeaSpine, Inc., SeaSpine Orthopedics Corp.. Signed by Judge Richard G. Andrews on 2/8/2022. (nms)
Jan 26, 2022 14 Memorandum Opinion (9)
Docket Text: MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 1/26/2022. (nms)
Jan 26, 2022 15 Order (1)
Docket Text: ORDER: Defendants' Partial Motion to Dismiss (D.I. [9]) is DENIED. Signed by Judge Richard G. Andrews on 1/26/2022. (nms)
Aug 30, 2021 13 Reply Brief (17)
Docket Text: REPLY BRIEF re [9] Partial Motion to Dismiss filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc.. (Egan, Brian)
Aug 23, 2021 12 Answering Brief in Opposition (19)
Docket Text: ANSWERING BRIEF in Opposition re [9] Partial Motion to Dismiss filed by Mark A. Barry.Reply Brief due date per Local Rules is 8/30/2021. (Gattuso, Dominick)
Aug 9, 2021 11 Disclosure Statement (4)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SeaSpine Holdings Corporation for SeaSpine Orthopedics Corp.; Corporate Parent SeaSpine Orthopedics Corporation for SeaSpine, Inc.; Corporate Parent no parent corporation for SeaSpine Holdings Corp. filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc.. (Egan, Brian)
Aug 9, 2021 10 Opening Brief in Support (Ex. A) (30)
Docket Text: OPENING BRIEF in Support re [9] Partial Motion to Dismiss, filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc..Answering Brief/Response due date per Local Rules is 8/23/2021. (Attachments: # (1) Exhibit A)(Egan, Brian) Modified on 8/10/2021 (nms).
Aug 9, 2021 10 Opening Brief in Support (Main Document) (24)
Docket Text: OPENING BRIEF in Support re [9] Partial Motion to Dismiss, filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc..Answering Brief/Response due date per Local Rules is 8/23/2021. (Attachments: # (1) Exhibit A)(Egan, Brian) Modified on 8/10/2021 (nms).
Aug 9, 2021 9 Motion to Dismiss for Failure to State a Claim (5)
Docket Text: Partial Motion to Dismiss - filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc.. (Egan, Brian) Modified on 8/10/2021 (nms).
Jun 23, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [8] STIPULATION and Proposed Order to Extend Time (*Reset Answer Deadlines: SeaSpine Holdings Corp. answer due 8/23/2021; SeaSpine Orthopedics Corp. answer due 8/23/2021; SeaSpine, Inc. answer due 8/23/2021). Signed by Judge Richard G. Andrews on 6/23/2021. (nms)
Jun 22, 2021 8 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint for Patent Infringement to August 23, 2021 - filed by SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc.. (Egan, Brian)
Jun 16, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney David Clay Holloway for Mark A. Barry added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:21-cv-00805-RGA, 1:21-cv-00806-RGA (myr)
Jun 15, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Dario A. Machleidt for Mark A. Barry added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:21-cv-00805-RGA, 1:21-cv-00806-RGA(mal)
Jun 14, 2021 7 Motion for Leave to Appear Pro Hac Vice (10)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney D. Clay Holloway, Mitchell G. Stockwell, Dario A. Machleidt, Kathleen R. Geyer, Taylor J. Pfingst, Andrew W. Rinehart, and Courtney S. Dabbiere of Kilpatrick Townsend & Stockton LLP - filed by Mark A. Barry. (Gattuso, Dominick)
Jun 14, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Andrew W. Rinehart for Mark A. Barry added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:21-cv-00805-RGA, 1:21-cv-00806-RGA(mal)
Jun 14, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [7] MOTION for Pro Hac Vice Appearance of Attorney D. Clay Holloway, Mitchell G. Stockwell, Dario A. Machleidt, Kathleen R. Geyer, Taylor J. Pfingst, Andrew W. Rinehart, and Courtney S. Dabbiere of Kilpatrick Townsend & Stockton LLP, filed by Mark A. Barry. Signed by Judge Richard G. Andrews on 6/14/2021. (nms)
Jun 9, 2021 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:21-cv-00805-RGA, 1:21-cv-00806-RGA (rjb)
Jun 2, 2021 6 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Mark A. Barry. SeaSpine, Inc. served on 6/2/2021, answer due 6/23/2021. (Gattuso, Dominick)
Jun 2, 2021 5 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Mark A. Barry. SeaSpine Holdings Corp. served on 6/2/2021, answer due 6/23/2021. (Gattuso, Dominick)
Jun 2, 2021 4 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Mark A. Barry. SeaSpine Orthopedics Corp. served on 6/2/2021, answer due 6/23/2021. (Gattuso, Dominick)
Jun 2, 2021 3 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,670,358; 8,361,121; 9,339,301; 9,668,787; 9,668,788. (amf)
Jun 2, 2021 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf)
Jun 2, 2021 1 Complaint (Civil Cover Sheet) (1)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 402, receipt number ADEDC-3627575.) - filed by Mark A. Barry. (Attachments: # (1) Exhibits A-F, # (2) Civil Cover Sheet)(amf)
Jun 2, 2021 1 Complaint (Exhibits A-F) (30)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 402, receipt number ADEDC-3627575.) - filed by Mark A. Barry. (Attachments: # (1) Exhibits A-F, # (2) Civil Cover Sheet)(amf)
Jun 2, 2021 1 Complaint (Main Document) (22)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against SeaSpine Holdings Corp., SeaSpine Orthopedics Corp., SeaSpine, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 402, receipt number ADEDC-3627575.) - filed by Mark A. Barry. (Attachments: # (1) Exhibits A-F, # (2) Civil Cover Sheet)(amf)
Jun 2, 2021 N/A No Summons Issued (0)
Docket Text: No Summons Issued. (amf)
Jun 2, 2021 1 Complaint* (1)
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