Case number 2017-2463
Barry v. Medtronic, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 23, 2021 | 0 | BARRY v. MEDTRONIC, INC. [OPINION - PRECEDENTIAL] [precedential] (0) |
| Jan 16, 2020 | 78 | The petition for writ of certiorari, [19-414], filed on 09/26/2019, was Denied on 01/13/2020. [663598] [JAB] [Entered: 01/16/2020 07:55 AM] (1) |
| Oct 7, 2019 | 77 | Petition for writ of Certiorari filed on 09/26/2019, and placed on the docket 09/27/2019, in the Supreme Court of the United States. Supreme Court #: 19-414, Medtronic, Inc. v. Mark A. Barry. [640490] [JAB] [Entered: 10/07/2019 08:40 AM] (1) |
| Jul 22, 2019 | 76 | Notice from the Supreme Court of the United States: The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to The Chief Justice, who on July 16, 2019, extended the time to and including September 26, 2019. [622750] [JAB] [Entered: 07/23/2019 08:51 AM] (3) |
| May 6, 2019 | 75 | Mandate issued to the United States District Court for the Eastern District of Texas. Service as of this date by the Clerk of Court. [605074] [PBC] [Entered: 05/06/2019 10:16 AM] (1) |
| Apr 29, 2019 | 74 | ORDER filed denying [72] petition for panel rehearing filed by Medtronic, Inc.; denying [72] petition for en banc rehearing filed by Medtronic, Inc. By: En Banc (Per Curiam). Service as of this date by the Clerk of Court. [603572] [PBC] [Entered: 04/29/2019 11:44 AM] (2) |
| Mar 29, 2019 | 73 | 18 paper copies of the petition for panel rehearing [72], petition for en banc rehearing [72] received from Appellant Medtronic, Inc. [596422] [JAB] [Entered: 03/29/2019 09:57 AM] (0) |
| Mar 27, 2019 | 72 | Petition for panel rehearing, for en banc rehearing filed by Appellant Medtronic, Inc.. Service: 03/27/2019 by email. The paper copies of the petition must be filed within two business days (see Fed. Cir. R. 35(c)(4).The required paper copies should be received by the court on or before 03/29/2019 [596025] [17-2463] [Seth Waxman] [Entered: 03/27/2019 07:34 PM] (93) |
| Feb 11, 2019 | 71 | ORDER filed granting motion to extend time to file petition for rehearing/en banc [70] filed by Appellant Medtronic, Inc. Petition for Rehearing due on or before 03/27/2019. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [584939] [JAB] [Entered: 02/11/2019 03:48 PM] (2) |
| Feb 11, 2019 | 70 | MOTION of Appellant Medtronic, Inc. to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 03/27/2019 [Consent: unopposed]. Service: 02/11/2019 by email. [584673] [17-2463] [Seth Waxman] [Entered: 02/11/2019 09:53 AM] (9) |
| Feb 7, 2019 | 69 | Bill of Costs for Appellee Mark A. Barry. Service: 02/07/2019 by clerk. Objection to Bill of Costs due on 02/21/2019. [584121] [17-2463] [David Holloway] [Entered: 02/07/2019 02:28 PM] (0) |
| Jan 24, 2019 | 68 | JUDGMENT filed. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [580396] [PBC] [Entered: 01/24/2019 09:20 AM] (2) |
| Jan 24, 2019 | 67 | OPINION filed for the court by Prost, Chief Judge; Moore, Circuit Judge and Taranto, Circuit Judge. Prost, Chief Judge, dissenting in part. [580395] [PBC] [Entered: 01/24/2019 09:20 AM] (65) |
| Jan 23, 2019 | 66 | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Medtronic, Inc.. Service: 01/23/2019 by email. [580212] [17-2463] [Seth Waxman] [Entered: 01/23/2019 02:33 PM] (14) |
| Jan 11, 2019 | 65 | RESPONSE of Appellee Mark A. Barry to the supplemental authority [64] filed by Appellant Medtronic, Inc.. Service: 01/11/2019 by clerk. [577702] [17-2463] [David Holloway] [Entered: 01/11/2019 02:02 PM] (2) |
| Jan 10, 2019 | 64 | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Medtronic, Inc.. Service: 01/10/2019 by email. [577332] [17-2463] [Seth Waxman] [Entered: 01/10/2019 02:00 PM] (41) |
| Oct 2, 2018 | 63 | Submitted after ORAL ARGUMENT by Seth P. Waxman for Medtronic, Inc. and David Clay Holloway for Mark A. Barry. Panel: Judge: Prost , Judge: Moore , Judge: Taranto. [554027] [JAB] [Entered: 10/02/2018 10:53 AM] (0) |
| Sep 17, 2018 | 62 | Response to oral argument order from the Appellee Mark A. Barry. Designating D. Clay Holloway to argue.. Designating 15 minutes for argument. [17-2463] [David Holloway] [Entered: 09/17/2018 04:59 PM] (0) |
| Sep 17, 2018 | 61 | Response to oral argument order from the Appellant Medtronic, Inc.. Designating Seth P. Waxman to argue.. Designating 12 minutes for argument. Reserving 3 minutes for rebuttal. [17-2463] [Seth Waxman] [Entered: 09/17/2018 03:08 PM] (0) |
| Aug 21, 2018 | 60 | NOTICE OF CALENDARING. Panel: 1810B. Case scheduled Oct 02, 2018 10:00 a.m. at the University of Chicago Law School (1111 E. 60th Street, Chicago, IL 60637), Weymouth Kirkland Courtroom, 1st Floor. Response to oral argument order due: 09/17/2018. Arguing counsel must check-in 30 minutes prior to the opening of the session. Please review the Oral Argument Order. [544302] [JAB] [Entered: 08/21/2018 11:19 AM] (0) |
| Aug 17, 2018 | 59 | Notice from Appellant Medtronic, Inc. regarding conflicts with oral argument (October 4-5, and November 5-9, 2018 and oral arguments for Nos. 2017-2541 and 2018-1019). Service: 08/17/2018 by email. [543691] [17-2463] [Seth Waxman] [Entered: 08/17/2018 10:54 AM] (1) |
| Jul 25, 2018 | 58 | **TEXT ONLY** ORDER granting motion to withdraw attorney [57] Eric Fletcher filed by Appellant Medtronic, Inc. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [538551] [SJ] [Entered: 07/25/2018 04:16 PM] (0) |
| Jul 25, 2018 | 57 | MOTION of Appellant Medtronic, Inc. to withdraw counsel Eric F. Fletcher [Consent: unopposed]. Service: 07/25/2018 by email. [538489] [17-2463] [Eric Fletcher] [Entered: 07/25/2018 11:52 AM] (6) |
| Apr 25, 2018 | 56 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Attorney entry of appearance for Sean DeBruine [54] does not match the information in the attorney's user account. CORRECTION: Please promptly update the address with PACER Service Center so that account matches the entry of appearance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [516872] [JB] [Entered: 04/25/2018 04:01 PM] (0) |
| Apr 25, 2018 | 55 | Notice from Appellee Mark A. Barry regarding conflicts with oral argument (May 22 - 25, 2018; July 9 - 23, 2018; October 3 - 5, 2018; November 28, 2018; December 12, 2018). Service: 04/25/2018 by clerk, email. [516796] [17-2463] [David Holloway] [Entered: 04/25/2018 02:22 PM] (4) |
| Apr 24, 2018 | 54 | Amended Entry of appearance for Sean DeBruine as principal counsel for Appellee Mark A. Barry. Service: 04/24/2018 by email. [516463] [17-2463] [Sean DeBruine] [Entered: 04/24/2018 02:34 PM] (5) |
| Apr 20, 2018 | 53 | 6 paper copies of the Joint Appendix in 4 Volumes [50] received from Appellant Medtronic, Inc. [515644] [JCP] [Entered: 04/20/2018 01:23 PM] (0) |
| Apr 19, 2018 | 52 | Notice from Appellant Medtronic, Inc. regarding conflicts with oral argument (July 9-11 and November 5-9, 2018 and oral arguments for Nos. 2017-2541 and 2018-1019). Service: 04/19/2018 by email. [515301] [17-2463] [Seth Waxman] [Entered: 04/19/2018 01:17 PM] (1) |
| Apr 18, 2018 | 51 | Pursuant to Practice Note 34, counsel should advise the clerk of court of scheduling conflicts for the next three court weeks, or thereafter. When filing the notice of conflicts, counsel should docket the Notice Regarding Conflicts with Argument Dates event, which is found in the Calendar event category. The notice of conflict with oral argument is due on or before 04/25/2018. [514793] [JB] [Entered: 04/18/2018 11:28 AM] (0) |
| Apr 16, 2018 | 50 | APPENDIX FILED for Medtronic, Inc. [46]. Number of Pages: 2252. Service: 04/16/2018 by email. The paper copies of the brief should be received by the court on or before 04/25/2018. [514792] [JB] [Entered: 04/18/2018 11:27 AM] (2252) |
| Apr 16, 2018 | 49 | Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellee Mark A. Barry. Service: 04/16/2018 by clerk. [513895] [17-2463] [David Holloway] [Entered: 04/16/2018 06:14 PM] (4) |
| Apr 16, 2018 | 48 | Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellant Medtronic, Inc.. Service: 04/16/2018 by email. [513682] [17-2463] [Seth Waxman] [Entered: 04/16/2018 02:22 PM] (5) |
| Apr 16, 2018 | 47 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellee Mark A. Barry and Appellant Medtronic, Inc.. Service: 04/16/2018 by email. [513674] [17-2463] [Seth Waxman] [Entered: 04/16/2018 02:15 PM] (4) |
| Apr 16, 2018 | 46 | TENDERED from Appellant Medtronic, Inc.. Title: JOINT APPENDIX. Service: 04/16/2018 by email. [513668] [17-2463] [Seth Waxman] [Entered: 04/16/2018 02:10 PM] (2252) |
| Apr 13, 2018 | 45 | 6 paper copies of the Reply Brief [44] received from Appellant Medtronic, Inc. [513407] [JCP] [Entered: 04/13/2018 04:11 PM] (0) |
| Apr 9, 2018 | 44 | REPLY BRIEF FILED for Appellant Medtronic, Inc. [43]. Number of Pages: 31. Service: 04/09/2018 by email. The paper copies of the brief should be received by the court on or before 04/16/2018. Appendix is due 04/16/2018. [512550] [JB] [Entered: 04/11/2018 03:12 PM] (41) |
| Apr 9, 2018 | 43 | TENDERED from Appellant Medtronic, Inc.. Title: REPLY BRIEF. Service: 04/09/2018 by email. [511846] [17-2463] [Seth Waxman] [Entered: 04/09/2018 05:10 PM] (41) |
| Mar 7, 2018 | 42 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The certificate of interest included with the motion to extend time to file reply brief [40] is incomplete as to new updated form 9 question #5. CORRECTION: Please ensure future filings comply with recently amended FCR 47.4 and 47.5. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [503045] [JB] [Entered: 03/07/2018 08:56 AM] (0) |
| Mar 7, 2018 | 41 | **TEXT ONLY** ORDER granting motion to extend time to file reply brief [40] filed by Appellant Medtronic, Inc. Reply brief is due 04/09/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [503042] [JB] [Entered: 03/07/2018 08:54 AM] (0) |
| Mar 6, 2018 | 40 | MOTION of Appellant Medtronic, Inc. to extend the time to 04/09/2018 at 11:59 pm to file the reply brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 03/06/2018 by email. [502776] [Seth Waxman] [Entered: 03/06/2018 09:47 AM] (8) |
| Mar 5, 2018 | 39 | 6 paper copies of the Opening Response Brief [38] received from Appellee Mark A. Barry. [502490] [SJL] [Entered: 03/05/2018 11:34 AM] (0) |
| Mar 2, 2018 | 38 | BRIEF FILED for Appellee Mark A. Barry [37]. Number of Pages: 70. Service: 03/02/2018 by email. The paper copies of the brief should be received by the court on or before 03/09/2018. Appellant Medtronic, Inc. reply brief is due 03/19/2018. [502333] [CMP] [Entered: 03/02/2018 02:34 PM] (80) |
| Mar 2, 2018 | 37 | TENDERED from Appellee Mark A. Barry. Title: OPENING BRIEF. Service: 03/02/2018 by email, clerk. [502308] [David Holloway] [Entered: 03/02/2018 01:21 PM] (80) |
| Jan 5, 2018 | 36 | Entry of appearance for Courtney Dabbiere as of counsel for Appellee Mark A. Barry. Service: 01/05/2018 by clerk. [487767] [Courtney Dabbiere] [Entered: 01/05/2018 04:51 PM] (1) |
| Jan 2, 2018 | 35 | 6 paper copies of the Opening Brief [31] received from Appellant Medtronic, Inc. [487218] [JCP] [Entered: 01/04/2018 08:42 AM] (0) |
| Jan 2, 2018 | 34 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The certificate of interest included with the motion [32] is incomplete as to new updated form 9, question #5. Additionally, the motion did not contain the required certificate of compliance. CORRECTION: Please ensure future filings comply with recently amended FCR 47.4 and 47.5, as well as, FRAP 32(g)(1). No remedial action is required as the motion has been granted. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [486651] [JB] [Entered: 01/02/2018 02:17 PM] (0) |
| Jan 2, 2018 | 33 | **TEXT ONLY** ORDER granting motion to extend time to file appellee principal brief [32] filed by Appellee Mark A. Barry. Appellee brief is due 03/02/2018. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [486648] [JB] [Entered: 01/02/2018 02:12 PM] (0) |
| Jan 2, 2018 | 32 | MOTION of Appellee Mark A. Barry to extend the time to 03/02/2018 to file the appellee/respondent/cross-appellant's principal brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 01/02/2018 by clerk. [486625] [David Holloway] [Entered: 01/02/2018 01:07 PM] (10) |
| Dec 22, 2017 | 31 | BRIEF FILED for Appellant Medtronic, Inc. [30]. Number of Pages: 69. Service: 12/22/2017 by email. The paper copies of the brief should be received by the court on or before 01/04/2018. Appellee Mark A. Barry brief is due 01/31/2018. [485839] [JB] [Entered: 12/27/2017 01:41 PM] (327) |
| Dec 22, 2017 | 30 | TENDERED from Appellant Medtronic, Inc.. Title: OPENING BRIEF. Service: 12/22/2017 by email. [485379] [Seth Waxman] [Entered: 12/22/2017 04:43 PM] (327) |
| Dec 22, 2017 | 29 | Corrected Entry of appearance for Richard C. Pettus as of counsel for Appellant Medtronic, Inc.. Service: 12/22/2017 by email. [485354] [Richard Pettus] [Entered: 12/22/2017 03:41 PM] (2) |
| Dec 22, 2017 | 28 | NOTICE OF DEFICIENCY: The attorney entry of appearance [26] for Richard C. Pettus does not match counsel name on document and therefore cannot be accepted for filing at this time. It appears to be a duplicate of DE25. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [485348] [JB] [Entered: 12/22/2017 03:31 PM] (0) |
| Dec 22, 2017 | 27 | Entry of appearance for Allan A. Kassenoff as of counsel for Appellant Medtronic, Inc.. Service: 12/22/2017 by email. [485339] [Allan Kassenoff] [Entered: 12/22/2017 03:15 PM] (2) |
| Dec 22, 2017 | 26 | Entry of appearance for Richard C. Pettus as of counsel for Appellant Medtronic, Inc.. Service: 12/22/2017 by email. [485313] [Richard Pettus] [Entered: 12/22/2017 02:58 PM] (0) |
| Dec 22, 2017 | 25 | Entry of appearance for Julie P. Bookbinder as of counsel for Appellant Medtronic, Inc.. Service: 12/22/2017 by email. [485280] [Julie Bookbinder] [Entered: 12/22/2017 02:33 PM] (2) |
| Dec 22, 2017 | 24 | Entry of appearance for Scott J. Bornstein as of counsel for Appellant Medtronic, Inc. Service: 12/22/2017 by email. [485241]--[Edited 12/22/2017 by JP] [Scott Bornstein] [Entered: 12/22/2017 01:52 PM] (2) |
| Dec 21, 2017 | 23 | Entry of appearance for Mary-Olga Lovett as of counsel for Appellant Medtronic, Inc.. Service: 12/21/2017 by email. [485010] [Mary-Olga Lovett] [Entered: 12/21/2017 04:46 PM] (1) |
| Oct 3, 2017 | 22 | REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [464948] [JB] [Entered: 10/03/2017 08:38 AM] (0) |
| Sep 20, 2017 | 21 | ORDER filed. The motion [18] is granted. Medtronic's opening brief is due December 22, 2017. Service: 09/20/2017 by clerk. [462342] [LMS] [Entered: 09/20/2017 12:22 PM] (2) |
| Sep 19, 2017 | 20 | REPLY of Appellant Medtronic, Inc. to response filed by Appellee in 17-2463 , Doc. No [19]. Service: 09/19/2017 by email. [462145] [Seth Waxman] [Entered: 09/19/2017 03:15 PM] (6) |
| Sep 18, 2017 | 19 | RESPONSE of Appellee Mark A. Barry to the motion to extend time to file appellant/petitioner principal brief [18] filed by Appellant Medtronic, Inc. in 17-2463. Service: 09/18/2017 by clerk. [461825] [David Holloway] [Entered: 09/18/2017 03:51 PM] (7) |
| Sep 14, 2017 | 18 | MOTION of Appellant Medtronic, Inc. to extend the time to 12/22/2017 at 11:59 pm to file the appellant/petitioner's principal brief. Any response is due within 10 days of service [Consent: partial consent]. Service: 09/14/2017 by email. [461098] [Seth Waxman] [Entered: 09/14/2017 04:33 PM] (8) |
| Sep 7, 2017 | 17 | Corrected Entry of appearance for D. Clay Holloway as of counsel for Appellee Mark A. Barry. Service: 09/07/2017 by clerk. [459508] [David Holloway] [Entered: 09/07/2017 04:13 PM] (1) |
| Sep 7, 2017 | 16 | CORRECTED certificate of service for attorney entry of appearance , Doc No. [13]. Service: 09/06/2017 by clerk. [459449] [Sean DeBruine] [Entered: 09/07/2017 03:07 PM] (1) |
| Sep 6, 2017 | 15 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The firm information on the entry of appearance for Dario A. Machleidt [12] does not match the informaion in the attorney's user account. CORRECTION: Please update as needed to ensure the contact information in the PACER Service Center user account matches the entry of appearance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [459081] [CMP] [Entered: 09/06/2017 04:30 PM] (0) |
| Sep 6, 2017 | 14 | Docketing Statement for the Appellant Medtronic, Inc.. Service: 09/06/2017 by email. [458996] [Seth Waxman] [Entered: 09/06/2017 02:46 PM] (4) |
| Sep 6, 2017 | 13 | Entry of appearance for Sean P. DeBruine as principal counsel for Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458972] [Sean DeBruine] [Entered: 09/06/2017 02:15 PM] (1) |
| Sep 6, 2017 | 12 | Entry of appearance for Dario A. Machleidt as of counsel for Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458934] [Dario Machleidt] [Entered: 09/06/2017 01:32 PM] (1) |
| Sep 6, 2017 | 11 | Entry of appearance for Erwin L. Cena as of counsel for Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458932] [Erwin Cena] [Entered: 09/06/2017 01:29 PM] (1) |
| Sep 6, 2017 | 10 | Entry of appearance for Adam H. Charnes as of counsel for Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458926] [Adam Charnes] [Entered: 09/06/2017 01:26 PM] (1) |
| Sep 6, 2017 | 9 | Docketing Statement for the Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458922] [David Holloway] [Entered: 09/06/2017 01:23 PM] (3) |
| Sep 6, 2017 | 8 | Certificate of Interest for the Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458919] [David Holloway] [Entered: 09/06/2017 01:21 PM] (1) |
| Sep 6, 2017 | 7 | Entry of appearance for David Clay Holloway as principal counsel for Appellee Mark A. Barry. Service: 09/06/2017 by clerk. [458916] [David Holloway] [Entered: 09/06/2017 01:18 PM] (1) |
| Sep 6, 2017 | 6 | Certificate of Interest for the Appellant Medtronic, Inc.. Service: 09/06/2017 by email. [458872] [Seth Waxman] [Entered: 09/06/2017 11:18 AM] (2) |
| Sep 6, 2017 | 5 | Entry of appearance for Eric F. Fletcher as of counsel for Appellant Medtronic, Inc.. Service: 09/06/2017 by email. [458870] [Eric Fletcher] [Entered: 09/06/2017 11:16 AM] (2) |
| Sep 6, 2017 | 4 | Entry of appearance for Brittany Blueitt Amadi as of counsel for Appellant Medtronic, Inc.. Service: 09/06/2017 by email. [458869] [Brittany Amadi] [Entered: 09/06/2017 11:14 AM] (2) |
| Sep 6, 2017 | 3 | Entry of appearance for Mark C. Fleming as of counsel for Appellant Medtronic, Inc.. Service: 09/06/2017 by email. [458866] [Mark Fleming] [Entered: 09/06/2017 11:12 AM] (2) |
| Sep 6, 2017 | 2 | Entry of appearance for Seth P. Waxman as principal counsel for Appellant Medtronic, Inc.. Service: 09/06/2017 by email. [458864] [Seth Waxman] [Entered: 09/06/2017 11:02 AM] (2) |
| Aug 23, 2017 | 1 | Appeal docketed. Received: 08/18/2017. [455985]Entry of Appearance due 09/06/2017. Certificate of Interest is due on 09/06/2017. Docketing Statement due 09/06/2017. Appellant/Petitioner's brief is due 10/23/2017. [JB] [Entered: 08/23/2017 08:54 AM] (380) |
