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Case number 2021-2099

Best Medical International, Inc. v. Elekta Inc. > Documents

Date Field Doc. No.Description (Pages)
Oct 5, 2022 62 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [875947] [21-2099, 21-2100] [MJL] [Entered: 10/05/2022 08:14 AM] (1)
Sep 4, 2022 0 BEST MEDICAL INTERNATIONAL, INC. v. ELEKTA INC. [OPINION] [precedential] (0)
Aug 29, 2022 61 JUDGMENT. AFFIRMED-IN-PART AND DISMISSED-IN-PART. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [868598] [21-2099, 21-2100] [MVH] [Entered: 08/29/2022 10:32 AM] (1)
Aug 29, 2022 60 OPINION filed for the court by Hughes, Circuit Judge; Linn, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [868596] [21-2099, 21-2100] [MVH] [Entered: 08/29/2022 10:31 AM] (16)
Aug 29, 2022 59 ORDER filed vacating Precedential Opinion [57] and Judgment [58]. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [868585] [21-2099, 21-2100] [MVH] [Entered: 08/29/2022 10:20 AM] (1)
Aug 28, 2022 0 BEST MEDICAL INTERNATIONAL, INC. v. ELEKTA INC. [OPINION] [precedential] (0)
Aug 26, 2022 58 JUDGMENT. AFFIRMED-IN-PART AND DISMISSED-IN-PART. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [868394] [21-2099, 21-2100]. Vacated pursuant to the court's order. See Doc. No. [59] [MVH] [Entered: 08/26/2022 09:37 AM] (1)
Aug 26, 2022 57 OPINION filed for the court by Hughes, Circuit Judge; Linn, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [868393] [21-2099, 21-2100]. Vacated pursuant to the court's order. See Doc. No. [59] [MVH] [Entered: 08/26/2022 09:35 AM] (16)
May 6, 2022 56 Submitted after ORAL ARGUMENT to Panel: Hughes, Circuit Judge; Linn, Circuit Judge and Stoll, Circuit Judge.Arguing counsel: Barry J Coyne for Best Medical International, Inc. and Ronald S. Lemieux for Elekta Inc.Oral Argument Audio available here. [848176] [MJL] [Entered: 05/06/2022 02:23 PM] (0)
Apr 28, 2022 55 Response to notice of oral argument from Appellee Elekta Inc.. Service: 04/28/2022 by email. [846049] [21-2099] [Ronald Lemieux] [Entered: 04/28/2022 01:32 PM] (3)
Apr 22, 2022 54 ORDER filed granting motion to withdraw party [53] filed by Appellee Varian Medical Systems, Inc.. in 21-2099; modifying the official caption. The revised official caption is reflected in the order. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [844887] [21-2099, 21-2100] [MVH] [Entered: 04/22/2022 11:42 AM] (2)
Apr 21, 2022 53 MOTION of Appellee Varian Medical Systems, Inc. to withdraw party, Appellee Varian Medical Systems, Inc., as a party to this appeal. Service: 04/21/2022 by email. [844526] [21-2099] [Heidi Keefe] [Entered: 04/21/2022 10:57 AM] (8)
Apr 21, 2022 52 NOTICE OF NON-COMPLIANCE: The submission of Appellee Varian Medical Systems, Inc., Motion to Withdraw Party [51], is not in compliance with the rules of this court (see attached). Compliant document due on 04/28/2022. Service as of this date by the Clerk of Court. [844514] [MVH] [Entered: 04/21/2022 10:13 AM] (1)
Apr 20, 2022 51 MOTION of Appellee Varian Medical Systems, Inc. to withdraw party, Appellee Varian Medical Systems, Inc., as a party to this appeal. Service: 04/20/2022 by email. [844430] [21-2099]. This document is non-compliant. See Doc. No. [52] [Heidi Keefe] [Entered: 04/20/2022 05:50 PM] (7)
Apr 4, 2022 50 Amended Response to notice of oral argument from Varian Medical Systems, Inc. and Elekta Inc. Service: 04/04/2022 by email. [840892] [21-2099]--[Edited 04/07/2022 by MJL to add party filer] [Adam Pivovar] [Entered: 04/04/2022 05:22 PM] (3)
Apr 4, 2022 49 Response to notice of oral argument from Appellee Varian Medical Systems, Inc.. Service: 04/04/2022 by email. [840820] [21-2099] [Adam Pivovar] [Entered: 04/04/2022 03:59 PM] (3)
Apr 4, 2022 48 Response to notice of oral argument from Appellant Best Medical International, Inc.. Service: 04/04/2022 by email. [840748] [21-2099] [Barry Coyne] [Entered: 04/04/2022 02:34 PM] (3)
Mar 21, 2022 47 NOTICE OF ORAL ARGUMENT. Panel: 2205I. Case scheduled May 6, 2022. Response to Notice of Oral Argument due: 04/04/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [838049] [MJL] [Entered: 03/21/2022 04:03 PM] (2)
Feb 24, 2022 45 The following conflict dates submitted by Adam Pivovar for Varian Medical Systems, Inc. have been accepted by the court: 07/05/2022, 07/06/2022, 07/07/2022, 07/08/2022, 08/01/2022, 08/02/2022, 08/03/2022, 08/04/2022, 08/05/2022. [833412] [MJL] [Entered: 02/24/2022 04:24 PM] (0)
Feb 24, 2022 44 The following conflict dates submitted by Barry J Coyne for Best Medical International, Inc. have been accepted by the court: 06/06/2022, 06/07/2022, 06/08/2022, 06/09/2022, 06/10/2022. [833410] [MJL] [Entered: 02/24/2022 04:23 PM] (0)
Feb 16, 2022 43 Notice from Appellee Varian Medical Systems, Inc. regarding conflicts with oral argument. Service: 02/16/2022 by email. [831810] [21-2099] [Adam Pivovar] [Entered: 02/16/2022 05:45 PM] (2)
Feb 16, 2022 42 Notice from Appellant Best Medical International, Inc. regarding conflicts with oral argument. Service: 02/16/2022 by email. [831728] [21-2099] [Barry Coyne] [Entered: 02/16/2022 03:18 PM] (2)
Feb 14, 2022 40 6 paper copies of Doc. No. [25] received from Appellee Varian Medical Systems, Inc.. [830912] [VDW] [Entered: 02/14/2022 10:44 AM] (0)
Feb 11, 2022 41 6 paper copies of Doc. No. [37], [33], [24] received from Appellant Best Medical International, Inc.. [831195] [VDW] [Entered: 02/15/2022 10:56 AM] (0)
Feb 9, 2022 39 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [830200] [JCW] [Entered: 02/09/2022 02:29 PM] (1)
Feb 9, 2022 38 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [830199] [JCW] [Entered: 02/09/2022 02:28 PM] (0)
Feb 1, 2022 37 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellees Elekta Inc. and Varian Medical Systems, Inc. Service: 02/01/2022 by email. [828446] --[Edited 02/02/2022 by JCW - compliance review complete] [Barry Coyne] [Entered: 02/01/2022 05:01 PM] (1212)
Feb 1, 2022 36 NOTICE OF NON-COMPLIANCE: The submission of Appellant Best Medical International, Inc. and Appellee Elekta Inc., Appendix [35], is not in compliance with the rules of this court (see attached). Compliant document due on 02/08/2022. Service as of this date by the Clerk of Court. [828250] [JCW] [Entered: 02/01/2022 10:16 AM] (1)
Jan 31, 2022 35 APPENDIX FILED by Appellant Best Medical International, Inc. and Appellees Elekta Inc. and Varian Medical Systems, Inc.. Service: 01/31/2022 by email. [828131] [21-2099] This document is non-compliant. See Doc No.[36] [Barry Coyne] [Entered: 01/31/2022 06:32 PM] (1212)
Jan 31, 2022 34 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Best Medical International, Inc. and Appellees Elekta Inc. and Varian Medical Systems, Inc.. Service: 01/31/2022 by email. [828121] [21-2099] [Barry Coyne] [Entered: 01/31/2022 06:01 PM] (5)
Jan 25, 2022 32 NOTICE OF NON-COMPLIANCE: The submission of Appellant Best Medical International, Inc., Reply Brief [31], is not in compliance with the rules of this court (see attached). Compliant document due on 02/01/2022. Service as of this date by the Clerk of Court. [826698] [JCW] [Entered: 01/25/2022 10:51 AM] (1)
Jan 25, 2022 33 MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant Best Medical International, Inc. Service: 01/25/2022 by email. [826988] --[Edited 01/26/2022 by JCW - compliance review complete] [Barry Coyne] [Entered: 01/25/2022 09:08 PM] (41)
Jan 24, 2022 31 REPLY BRIEF FILED by Appellant Best Medical International, Inc.. Service: 01/24/2022 by email. [826539] [21-2099] This document is non-compliant. See Doc No.[32] [Barry Coyne] [Entered: 01/24/2022 08:03 PM] (41)
Jan 20, 2022 46 NOTICE OF JOINDER FILED by Appellee Elekta Inc. joining in [25] Response Brief submitted by Appellee Varian Medical Systems, Inc. in 21-2099. Service: 01/18/2022 by email. [836622] (See 01/20/2022 order [30])--[Edited 03/14/2022 by CAB] [JCW] [Entered: 03/14/2022 11:55 AM] (4)
Jan 20, 2022 30 ORDER granting motion [29] to the extent that Elekta’s Notice of Joinder, ECF No. 29, Ex. A, is accepted for filing. The Clerk of Court shall transmit a copy of this order to the merits panel assigned to these appeals. Service as of this date by the Clerk of Court. [825696] [NL] [Entered: 01/20/2022 01:07 PM] (2)
Jan 18, 2022 29 MOTION of Appellee Elekta Inc. to extend time. Service: 01/18/2022 by email. [825198] [21-2099] [Tamara Fraizer] [Entered: 01/18/2022 06:01 PM] (16)
Jan 10, 2022 28 NOTICE OF NON-COMPLIANCE: The submission of Appellee Elekta Inc., Notice of Joinder [27], is not in compliance with the rules of this court (see attached). Compliant document due on 01/18/2022. Service as of this date by the Clerk of Court. [823549] [JCW] [Entered: 01/10/2022 02:08 PM] (1)
Jan 10, 2022 27 NOTICE OF JOINDER FILED by Appellee Elekta Inc.. Service: 01/10/2022 by email. [823473] [21-2099] This document is non-compliant. See Doc No.[28] [Tamara Fraizer] [Entered: 01/10/2022 12:31 PM] (4)
Jan 3, 2022 26 Amended Certificate of Interest for Appellee Varian Medical Systems, Inc.. Service: 01/03/2022 by email. [822382] [21-2099] [Reuben Chen] [Entered: 01/03/2022 05:11 PM] (4)
Jan 3, 2022 25 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Varian Medical Systems, Inc. Service: 01/03/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [822380] --[Edited 01/03/2022 by JCW - compliance review complete] [Reuben Chen] [Entered: 01/03/2022 05:09 PM] (79)
Nov 24, 2021 24 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Best Medical International, Inc. Service: 11/24/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [814825] --[Edited 11/24/2021 by JCW - compliance review complete] [Barry Coyne] [Entered: 11/24/2021 01:59 PM] (209)
Sep 27, 2021 23 ORDER filed denying [16] motion to terminate appeal filed by Varian Medical Systems, Inc., denying [17] motion to terminate appeal filed by Varian Medical Systems, Inc.; denying [22] motion to file a response/reply filed by Best Medical International, Inc. The parties are directed to address the standing issues in their briefs. Best Medical’s opening brief is due 11/26/2021. Service as of this date by the Clerk of Court. [802029] [NL] [Entered: 09/27/2021 04:09 PM] (2)
Sep 16, 2021 22 MOTION of Appellant Best Medical International, Inc. for leave to file a response/reply to Doc. No. [21]. Service: 09/16/2021 by email. [799861] [21-2099] [Barry Coyne] [Entered: 09/16/2021 08:48 AM] (215)
Sep 9, 2021 21 REPLY of Appellee Varian Medical Systems, Inc. to response [18]. Service: 09/09/2021 by email. [798133] [21-2099] [Heidi Keefe] [Entered: 09/09/2021 04:24 PM] (18)
Sep 1, 2021 20 ORDER granting motion to extend time [19] filed by Appellee Varian Medical Systems, Inc. Varian's reply in support of its motion to dismiss is due no later than September 9, 2021. Service as of this date by the Clerk of Court. [796579] [LMS] [Entered: 09/01/2021 12:15 PM] (2)
Aug 31, 2021 19 MOTION of Appellee Varian Medical Systems, Inc. to extend the time to 09/09/2021 to file brief. Service: 08/31/2021 by email. [796287] [21-2099] [Heidi Keefe] [Entered: 08/31/2021 12:07 PM] (13)
Aug 26, 2021 18 RESPONSE of Appellant Best Medical International, Inc. to Doc No. [17]. Service: 08/26/2021 by email. [795606] [21-2099] [Barry Coyne] [Entered: 08/26/2021 05:30 PM] (332)
Aug 16, 2021 17 MOTION of Appellee Varian Medical Systems, Inc. to Dismiss Appeal. Service: 08/16/2021 by email. [793128] [21-2099] [Heidi Keefe] [Entered: 08/16/2021 08:40 PM] (588)
Aug 16, 2021 16 MODIFIED ENTRY: MOTION of Varian Medical Systems, Inc. to terminate appeal through dismissal. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). Service: 08/16/2021 by email. [793122]--[Edited 08/17/2021 by MJL to correct relief] [Heidi Keefe] [Entered: 08/16/2021 07:50 PM] (588)
Aug 16, 2021 15 Amended Certificate of Interest for Appellee Varian Medical Systems, Inc.. Service: 08/16/2021 by email. [793118] [21-2099] [Heidi Keefe] [Entered: 08/16/2021 07:38 PM] (3)
Aug 3, 2021 14 Certified list received. Service: 08/02/2021 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [790427] [21-2099, 21-2100] [JCW] [Entered: 08/03/2021 04:25 PM] (128)
Jul 12, 2021 13 Docketing Statement for the Appellee Varian Medical Systems, Inc.. Service: 07/12/2021 by email. [785659] [21-2099] [Heidi Keefe] [Entered: 07/12/2021 04:37 PM] (2)
Jul 12, 2021 12 Certificate of Interest for Appellee Varian Medical Systems, Inc.. Service: 07/12/2021 by email. [785657] [21-2099] [Heidi Keefe] [Entered: 07/12/2021 04:35 PM] (3)
Jul 12, 2021 11 Entry of appearance for Heidi L. Keefe; Reuben Chen; Adam Pivovar; Yuan Liang; Dustin Knight as counsel for Appellee Varian Medical Systems, Inc.. Service: 07/12/2021 by email. [785655] [21-2099] [Heidi Keefe] [Entered: 07/12/2021 04:33 PM] (2)
Jul 9, 2021 10 Docketing Statement for the Appellee Elekta Inc.. Service: 07/09/2021 by email. [785413] [21-2099] [Tamara Fraizer] [Entered: 07/09/2021 08:03 PM] (2)
Jul 9, 2021 9 Certificate of Interest for Appellee Elekta Inc.. Service: 07/09/2021 by email. [785411] [21-2099] [Tamara Fraizer] [Entered: 07/09/2021 08:01 PM] (3)
Jul 9, 2021 8 Entry of appearance for Tamara D. Fraizer; Ronald S. Lemieux as counsel for Appellee Elekta Inc.. Service: 07/09/2021 by email. [785408] [21-2099] [Tamara Fraizer] [Entered: 07/09/2021 07:59 PM] (1)
Jul 8, 2021 7 Docketing Statement for the Appellant Best Medical International, Inc.. Service: 07/08/2021 by email. [785000] [21-2099] [Barry Coyne] [Entered: 07/08/2021 02:04 PM] (2)
Jul 8, 2021 6 Certificate of Interest for Appellant Best Medical International, Inc.. Service: 07/08/2021 by email. [784999] [21-2099] [Barry Coyne] [Entered: 07/08/2021 02:03 PM] (4)
Jul 8, 2021 5 Entry of appearance for Barry J. Coyne; Kent E. Baldauf, Jr.; Bryan P. Clark as counsel for Appellant Best Medical International, Inc.. Service: 07/08/2021 by email. [784997] [21-2099] [Barry Coyne] [Entered: 07/08/2021 02:02 PM] (2)
Jun 29, 2021 4 Note to File: The following cases shall be considered companion cases and assigned to the same merits panel: 21-2084, 21-2099. [783209] [21-2084, 21-2099] [CAB] [Entered: 06/29/2021 01:35 PM] (0)
Jun 29, 2021 3 Note to File: The following cases are consolidated: 21-2099 Lead with 21-2100 Member Case. The parties must file all documents in the lead appeal only. [783201] [21-2099, 21-2100] [CAB] [Entered: 06/29/2021 01:26 PM] (0)
Jun 29, 2021 2 ORDER consolidating appeals (21-2099, 21-2100). The certified lists remain due no later than August 9, 2021. Service as of this date by the Clerk of Court. [783199] [21-2099, 21-2100] [CAB] [Entered: 06/29/2021 01:22 PM] (0)
Jun 28, 2021 1 Appeal docketed. Received: 06/25/2021. [782843] Entry of Appearance is due on 07/12/2021. Certificate of Interest is due on 07/12/2021. Docketing Statement is due on 07/12/2021. Certified List is due on 08/09/2021. [JCW] [Entered: 06/28/2021 10:28 AM] (0)
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