Case number 1:18-cv-00392
Board of Regents, The University of Texas System et al v. Boston Scientific Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 3, 2023 | 364 | REDACTED VERSION of 363 Reply Brief by Boston Scientific Corporation. (Farnan, Michael) (Entered: 05/03/2023) (16) |
| May 3, 2023 | 365 | REDACTED VERSION of 362 Declaration by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 05/03/2023) (30) |
| Apr 26, 2023 | 361 | REPLY BRIEF re 349 MOTION to Alter Judgment and Award Enhanced Damages Under 35 USC 284 filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 04/26/2023) (16) |
| Apr 26, 2023 | 362 | [SEALED] DECLARATION re 361 Reply Brief of Stamatios Stamoulis by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 04/26/2023) (0) |
| Apr 26, 2023 | 363 | [SEALED] REPLY BRIEF re 345 MOTION for New Trial and, in the Alternative MOTION for Judgment as a Matter of Law filed by Boston Scientific Corporation. (Farnan, Michael) (Entered: 04/26/2023) (0) |
| Apr 19, 2023 | 358 | REDACTED VERSION of 355 POST Trial Brief, by Boston Scientific Corporation. (Farnan, Michael) (Entered: 04/19/2023) (28) |
| Apr 19, 2023 | 359 | REDACTED VERSION of 357 Declaration of David A. Haas by Boston Scientific Corporation. (Farnan, Michael) (Entered: 04/19/2023) (12) |
| Apr 19, 2023 | 360 | REDACTED VERSION of 354 Answering Brief in Opposition, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 04/19/2023) (26) |
| Apr 12, 2023 | 354 | [SEALED] ANSWERING BRIEF in Opposition re 345 MOTION for New Trial and, in the Alternative MOTION for Judgment as a Matter of Law filed by Board of Regents, The University of Texas System, TissueGen, Inc. Reply Brief due date per Local Rules is 4/19/2023. (Stamoulis, Stamatios) Modified on 4/12/2023 (ntl). (Entered: 04/12/2023) (0) |
| Apr 12, 2023 | 355 | [SEALED] POST TRIAL BRIEF Boston Scientific Corporation's Answering Brief in Opposition to Plaintiffs' Motion for Enhanced Damages under § 284 and Pre- and Post-Judgment Interest by Boston Scientific Corporation. (Farnan, Michael) (Entered: 04/12/2023) (0) |
| Apr 12, 2023 | 356 | DECLARATION re 355 POST Trial Brief, by Boston Scientific Corporation. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 04/12/2023) (0) |
| Apr 12, 2023 | 357 | [SEALED] DECLARATION re 355 POST Trial Brief, of David A. Haas by Boston Scientific Corporation. (Farnan, Michael) (Entered: 04/12/2023) (0) |
| Mar 23, 2023 | 353 | REDACTED VERSION of 350 Opening Brief in Support, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stamoulis, Stamatios) (Entered: 03/23/2023) (0) |
| Mar 22, 2023 | 351 | REDACTED VERSION of 346 Opening Brief in Support, by Boston Scientific Corporation. (Farnan, Michael) (Entered: 03/22/2023) (28) |
| Mar 22, 2023 | 352 | REDACTED VERSION of 347 Declaration,,, by Boston Scientific Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1Ai, # 4 Exhibit 1Aii, # 5 Exhibit 1B, # 6 Exhibit 1C, # 7 Exhibit 1D, # 8 Exhibit 2, # 9 Exhibit 2A, # 10 Exhibit 2B, # 11 Exhibit 2C, # 12 Exhibit 2D, # 13 Exhibit 2E, # 14 Exhibit 2F, # 15 Exhibit 2G, # 16 Exhibit 2H, # 17 Exhibit 2I, # 18 Exhibit 2J, # 19 Exhibit 2K, # 20 Exhibit 2L, # 21 Exhibit 2M, # 22 Exhibit 2N, # 23 Exhibit 2O, # 24 Exhibit 2P, # 25 Exhibit 3, # 26 Exhibit 3A, # 27 Exhibit 3B, # 28 Exhibit 3C, # 29 Exhibit 3D, # 30 Exhibit 4, # 31 Exhibit 5, # 32 Exhibit 6, # 33 Exhibit 7, # 34 Exhibit 8)(Farnan, Michael) (Entered: 03/22/2023) (0) |
| Mar 15, 2023 | 345 | MOTION for New Trial and, in the Alternative, MOTION for Judgment as a Matter of Law - filed by Boston Scientific Corporation. (Farnan, Michael) (Entered: 03/15/2023) (3) |
| Mar 15, 2023 | 346 | [SEALED] OPENING BRIEF in Support re 345 MOTION for New Trial and, in the Alternative MOTION for Judgment as a Matter of Law filed by Boston Scientific Corporation.Answering Brief/Response due date per Local Rules is 3/29/2023. (Farnan, Michael) (Entered: 03/15/2023) (0) |
| Mar 15, 2023 | 347 | [SEALED] DECLARATION re 346 Opening Brief in Support, of Michael J. Farnan by Boston Scientific Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1Ai, # 4 Exhibit 1Aii, # 5 Exhibit 1B, # 6 Exhibit 1C, # 7 Exhibit 1D, # 8 Exhibit 2, # 9 Exhibit 2A, # 10 Exhibit 2B, # 11 Exhibit 2C, # 12 Exhibit 2D, # 13 Exhibit 2E, # 14 Exhibit 2F, # 15 Exhibit 2G, # 16 Exhibit 2H, # 17 Exhibit 2I, # 18 Exhibit 2J, # 19 Exhibit 2K, # 20 Exhibit 2L, # 21 Exhibit 2M, # 22 Exhibit 2N, # 23 Exhibit 2O, # 24 Exhibit 2P, # 25 Exhibit 3, # 26 Exhibit 3A, # 27 Exhibit 3B, # 28 Exhibit 3C, # 29 Exhibit 3D, # 30 Exhibit 4, # 31 Exhibit 5, # 32 Exhibit 6, # 33 Exhibit 7, # 34 Exhibit 8)(Farnan, Michael) (Entered: 03/15/2023) (0) |
| Mar 15, 2023 | 348 | NOTICE of filing the following Non-Paper material(s) in multi media format: two USB drives containing Exhibits 1Ai and 1Aii to the Declaration of Michael J. Farnan. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of Boston Scientific Corporation (Farnan, Michael) (Entered: 03/15/2023) (2) |
| Mar 15, 2023 | 349 | MOTION to Alter Judgment and Award Enhanced Damages Under 35 USC 284 - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 03/15/2023) (2) |
| Mar 15, 2023 | 350 | [SEALED] OPENING BRIEF in Support re 349 MOTION to Alter Judgment and Award Enhanced Damages Under 35 USC 284 filed by Board of Regents, The University of Texas System, TissueGen, Inc..Answering Brief/Response due date per Local Rules is 3/29/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stamoulis, Stamatios) (Entered: 03/15/2023) (0) |
| Mar 3, 2023 | 344 | STIPULATION to Stay Execution or Enforcement of the Judgment by Boston Scientific Corporation. (Farnan, Michael) (Entered: 03/03/2023) (2) |
| Feb 20, 2023 | 343 | NOTICE requesting Clerk to remove Michael J. Word as co-counsel.. (Farnan, Michael) (Entered: 02/20/2023) (2) |
| Feb 15, 2023 | 342 | JUDGMENT FOLLOWING JURY VERDICT in favor of Board of Regents, The University of Texas System, TissueGen, Inc. against Boston Scientific Corporation in the amount of $42,000,000 (See Judgment for further details). Signed by Judge Gregory B. Williams on 2/15/23. (ntl) (Entered: 02/15/2023) (2) |
| Feb 14, 2023 | 339 | Joint PROPOSED ORDER Entering Judgment Following Jury Verdict by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 02/14/2023) (2) |
| Feb 14, 2023 | 340 | MOTION for Pro Hac Vice Appearance of Attorney Michael P. Kahn and Rachel Elsby - filed by Boston Scientific Corporation. (Attachments: # 1 Certification, # 2 Certification)(Farnan, Michael) (Entered: 02/14/2023) (0) |
| Feb 14, 2023 | 341 | STIPULATION to Amend Protective Order by Boston Scientific Corporation. (Farnan, Michael) (Entered: 02/14/2023) (1) |
| Feb 9, 2023 | 338 | ORAL ORDER: The Court has reviewed the parties' Joint Post-Trial Status Report and Briefing Schedule (D.I. 337). First, the Court adopts the parties' proposed schedule and maintains its original page limits. Thus, IT IS HEREBY ORDERED that opening briefs of no more than 20 pages per side for all post-trial motions filed are due twenty-eight (28) days after entry of judgment; answering briefs of no more than 20 pages per side for all post-trial motions filed are due twenty-eight (28) days after opening briefs are due; and reply briefs of no more than 10 pages per side for all post-trial motions filed are due fourteen (14) days after answering briefs are due. Second, Plaintiffs Board of Regents, The University of Texas System and TissueGen, Inc. (collectively, "Plaintiffs") must move for pre- and post-judgment interest in post-trial briefing, since the parties appear to have disputes concerning "the contours and potential limitations" on such interest. See D.I. 337 at 10. Third, the Court agrees with Boston Scientific Corp. ("BSC") about the time for any party to move for attorneys' fees and/or costs. Thus, IT IS HEREBY FURTHER ORDERED that, on or before February 14, 2023, the parties shall jointly file a proposed final judgment that matches BSC's proposal, D.I. 337-3, except that "for infringement" should be replaced with "for direct and indirect infringement" in the fourth numbered paragraph. ORDERED by Judge Gregory B. Williams on 2/9/23. (ntl) (Entered: 02/09/2023) (0) |
| Feb 8, 2023 | 337 | STATUS REPORT Joint Post-Trial Status Report and Briefing Schedule by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stamoulis, Stamatios) (Entered: 02/08/2023) (0) |
| Feb 1, 2023 | 328 | ORAL ORDER: Within seven (7) days from today, the parties shall jointly submit a form of order to enter judgment on the verdict. On the same date, the parties shall submit a joint proposed briefing schedule for all post-trial motions that each party intends to file, including but not limited to, any motion for enhanced damages, if any. Unless otherwise ordered by the Court, both sides are limited to a maximum total of twenty (20) pages of opening briefs, twenty (20) pages of answering briefs, and ten (10) pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed. ORDERED by Judge Gregory B. Williams on 2/1/23. (ntl) (Entered: 02/01/2023) (0) |
| Feb 1, 2023 | 329 | Final Jury Instructions (Phase 2). (ntl) (Entered: 02/01/2023) (17) |
| Feb 1, 2023 | 330 | VERDICT FORM (Phase 2). (ntl) (Entered: 02/01/2023) (5) |
| Feb 1, 2023 | 331 | [SEALED] JURY VERDICT (Phase 1). (ntl) (Entered: 02/01/2023) (0) |
| Feb 1, 2023 | 332 | REDACTED VERSION of 331 Jury Verdict (Phase 1). (ntl) (Entered: 02/01/2023) (5) |
| Feb 1, 2023 | 333 | [SEALED] JURY VERDICT (Phase 2). (ntl) (Entered: 02/01/2023) (0) |
| Feb 1, 2023 | 334 | REDACTED VERSION of 333 Jury Verdict (Phase 2). (ntl) (Entered: 02/01/2023) (5) |
| Feb 1, 2023 | 335 | Preliminary Jury Instructions (Phase 2). (ntl) (Entered: 02/01/2023) (6) |
| Feb 1, 2023 | 336 | [SEALED] Jury Notes. (ntl) (Entered: 02/01/2023) (0) |
| Jan 31, 2023 | 325 | ORAL ORDER: Since Dr. Aparna Bhave did not testify in Phase 1 of this trial and for the reasons stated on the record during trial on January 30, 2023, IT IS HEREBY ORDERED that Plaintiffs' Motion to Restrict the Scope of Testimony from Aparna Bhave, Ph.D. (D.I. 317) is DENIED as MOOT and that Plaintiffs' Motion to Strike Testimony and for a Limiting Instruction Regarding Boston Scientific's Arguments on the Method of Manufacturing a Fiber (D.I. 319) is DENIED, save that the Court added the following to jury instruction 3.2: "Further, the Court has found that the '296 patent is not limited to any specific manufacturing process." ORDERED by Judge Gregory B. Williams on 1/31/23. (ntl) (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 326 | Final Jury Instructions (Phase 1). (ntl) (Entered: 01/31/2023) (30) |
| Jan 31, 2023 | 327 | VERDICT FORM (Phase 1). (ntl) (Entered: 01/31/2023) (5) |
| Jan 30, 2023 | 323 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response to Choi Curative Instruction - re 322 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 01/30/2023) (0) |
| Jan 30, 2023 | 324 | ANSWERING BRIEF in Opposition re 319 MOTION to Strike Testimony and for a Limiting Instruction filed by Boston Scientific Corporation.Reply Brief due date per Local Rules is 2/6/2023. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 01/30/2023) (0) |
| Jan 29, 2023 | 318 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Plaintiffs' Unbifurcation Request. (Farnan, Michael) (Entered: 01/29/2023) (3) |
| Jan 29, 2023 | 319 | MOTION to Strike Testimony and for a Limiting Instruction - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/29/2023) (2) |
| Jan 29, 2023 | 320 | OPENING BRIEF in Support re 319 MOTION to Strike Testimony and for a Limiting Instruction filed by Board of Regents, The University of Texas System, TissueGen, Inc..Answering Brief/Response due date per Local Rules is 2/13/2023. (Attachments: # 1 Exhibit 1)(Stamoulis, Stamatios) (Entered: 01/29/2023) (0) |
| Jan 29, 2023 | 321 | Letter to the Honorable Gregory B. Williams from Stamatios Stamoulis regarding Responding to Defendant's Bifurcation Letter Letter - re 318 Letter. (Stamoulis, Stamatios) (Main Document 321 replaced on 1/30/2023) (ntl). (Entered: 01/29/2023) (3) |
| Jan 29, 2023 | 322 | Letter to the Honorable Gregory B. Williams from Stamatios Stamoulis regarding Seeking Limiting Instruction Related to Choi Prior Art Reference. (Attachments: # 1 Exhibit 1)(Stamoulis, Stamatios) (Entered: 01/29/2023) (0) |
| Jan 27, 2023 | 317 | MOTION to Limit and Restrict the Testimony of Dr. Bhave - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/27/2023) (6) |
| Jan 25, 2023 | 315 | Voir Dire Questions. (ntl) (Entered: 01/25/2023) (5) |
| Jan 25, 2023 | 316 | Preliminary Jury Instructions (Phase I). (ntl) (Entered: 01/25/2023) (19) |
| Jan 24, 2023 | 311 | ORAL ORDER: The Court has reviewed the submissions made by Plaintiffs Board of Regents, The University of Texas System ("UTBOR") and TissueGen, Inc. ("TissueGen") (collectively, "Plaintiffs") and Defendant Boston Scientific Corp. ("BSC"), D.I. 310-1, pursuant to the Court's order, D.I. 291. (1) The parties agree that statements 1-10, 12-14, 20, and 58 (as revised) were included in the Joint Statement of Uncontested Facts (D.I. 263-1). D.I. 310-1 at passim. The parties agree that statement 11 is no longer applicable to this case. Thus, the Court declines to find those facts stipulated to here. (2) BSC already agreed to admit statements 21-29 and 59-61, and the parties agree to rephrase statements 66-71. See D.I. 310-1 at passim. Thus, the Court adopts the parties' agreed-upon position as uncontested. (3) As to statements 15-19, BSC argues that Plaintiffs isolate favored portions of U.S. Patent No. 6,596,296 (the "'296 Patent") and such an "improper characterization" is "unnecessarily cumulative" under Federal Rule of Evidence ("FRE") 403. D.I. 310-1 at 6-10. The Court agrees with BSC, since the '296 Patent will be in evidence and, thus, these unnecessarily cumulative stipulations would have almost no "probative value." Fed. R. Evid. 403. (4) BSC argues that the statements 30, 31, 34-36 are about the so-called "Strickler patent" and, thus, are relevant only to Phase 2 of this trial. D.I. 310-1 at 13-20. However, Plaintiffs may use the "Strickler patent" in Phase 1 as evidence to show that BSC "admits that [a]coating on similar products to the accused products [is a] fiber[]." D.I. 288 at 71:18-72:14. (The Court notes that the issue is not "how a person of ordinary skill in the art (POSITA') would interpret and use the term fiber[,]'" D.I. 310-1 at 13, but, rather, is whether a POSA would understand the polymer coating on the Synergy stent to be a "fiber" as the Court has construed that term. Plaintiffs must avoid re-arguing claim construction to the jury. D.I. 255 at 18-19.) Also, Plaintiffs have revised their proposed statements 30, 31, and 36 so as to remove language not found in BSC's Answer to the Amended Complaint (D.I. 238). D.I. 310-1 at 13-15, 20 (removing inventor first names, the phrase "when the application was filed," and additional words). Thus, the Court adopts, as uncontested, statements 30, 31, and 36 as modified, and the Court adopts as uncontested, in lieu of statements 34 and 35, the first two sentences in D.I. 238 para. 47, excluding the phrase "Boston Scientific admits that". (5) Consistent with (4), statements 32-33 and 41 are relevant in Phase 1 to connecting the Strickler patent to BSC. D.I. 310-1 at 16-17, 28. The Court disagrees with BSC and finds no risk of unfair prejudice under FRE 403 by reciting Mr. Scott Bluni's titles at two different companies. Thus, the Court adopts statements 32-33 and 41 as uncontested. (6) As to statements 37-40, 47-50, 65, 74-78, and 86-90, BSC argues that most of these statements improperly isolate words or phrases in documents, email exchanges, or websites. D.I. 310-1 at passim. Since the Court discerns no compromise between the parties, the Court denies Plaintiffs' request to add these to the Joint Statement of Uncontested Facts. (7) BSC argues that statements 42-46 would violate the Court's order that this case be bifurcated if introduced in Phase 1, and Plaintiffs agree only to introduce these statements in Phase 2. See D.I. 310-1 at 28-30. Thus, the Court adopts statements 42-46 as uncontested only in Phase 2. (8) BSC argues that statements 51 and 52 may not be introduced in Phase 1, and Plaintiffs agree that they will not introduce these statements in Phase 1. D.I. 310-1 at 35-36. Plaintiffs also revise statement 52 to use the exact language used in BSC's Answer to the Amended Complaint. See D.I. 238 para. 62; D.I. 310-1 at 36. The Court finds no danger of unfair prejudice by reciting Ms. Moynihan's or Mr. Ballinger's positions at BSC and that such titles have substantial probative value in Phase 2. See id. at 35-36. Thus, the Court adopts as uncontested statement 51 and, as revised, statement 52, only in Phase 2. (9) The parties disagree as to whether statements 53-57, which concern a stent not at issue in this case, are relevant. D.I. 310-1 at 37-38. The Court cannot determine whether or how this information is relevant until it sees evidence at trial and, thus, declines to find those facts uncontested here. (10) The parties offer differing versions of statements 62-64. D.I. 310-1 at 40-42. Since the Court discerns no compromise between the parties, the Court denies Plaintiffs' request to add these to the Joint Statement of Uncontested Facts. (11) BSC argues that it did not admit the facts contained in statement 72, and Plaintiffs do not contest that argument. D.I. 310-1 at 47. Thus, the Court declines to adopt statement 72 as uncontested. (12) BSC argues that statements 73, 96, and 97 are irrelevant to Phase 1. D.I. 310-1 at 49, 73-74. Since Plaintiffs nowhere agree to use these statements only in Phase 2, the parties disagree as to the statements and, thus, the Court declines to adopt these statements as uncontested. (13) BSC argues that statements 79-85 rewrite or omit portions of BSC's Answer to the Amended Complaint (D.I. 238), and Plaintiffs appear to offer no compromise statement. D.I. 310-1 at 56-62. Since the Court discerns no compromise between the parties, the Court declines to add these to the Joint Statement of Uncontested Facts. (14) BSC argues that statements 91, 92, 98, and 99 did not appear as written in BSC's Answer (D.I. 238). D.I. 310-1 at 70, 74-75. However, these statements refer to events in this litigation that "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." FRE 201(b)(2). Thus, the Court takes judicial notice of statements 91, 92, 98, and 99 and adopts those statements as uncontested facts. (15) The Court agrees with BSC that Plaintiffs failed to provide a pin cite for statement 93, that statement 94 is a mere legal conclusion, and that the risk of prejudice to BSC from suggesting that BSC failed to contest infringement far outweighs any relevance that statement 95 may have to Plaintiffs' case. See D.I. 310-1 at 71-73. Thus, the Court declines to adopt those statements as uncontested. (16) Finally, so as to avoid unfair prejudice, the Court requires that any party using a stipulated statement must (a) read and (if displaying) display the statement word-for-word and in its entirety and (b) simply assert the fact, rather than recite with each fact that the parties have agreed thereto. The Court is concerned that jurors may emphasize stipulated facts over non-stipulated facts because lawyers recite that the parties have agreed thereto, which could unfairly prejudice a party under FRE 403. Thus, IT IS HEREBY ORDERED that statements 21-29, 32-33, 41, 59-61, 91-92, and 98-99 of D.I. 310-1 are adopted as uncontested facts; statements 30-31, 34-35, 36, and 66-71 of D.I. 310-1 are adopted as modified in this Order as uncontested facts; statements 42-46 and 51 of D.I. 310-1 are adopted as uncontested facts in Phase 2 only; and statement 52 of D.I. 310-1 is adopted as modified in this Order as an uncontested fact in Phase 2 only. ORDERED by Judge Gregory B. Williams on 1/24/23. (ntl) (Entered: 01/24/2023) (0) |
| Jan 24, 2023 | 312 | REDACTED VERSION of 278 Exhibit List by Boston Scientific Corporation. (Farnan, Michael) (Entered: 01/24/2023) (28) |
| Jan 24, 2023 | 313 | REDACTED VERSION of 279 Letter by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/24/2023) (17) |
| Jan 24, 2023 | 314 | REDACTED VERSION of 281 Exhibit List by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/24/2023) (18) |
| Jan 23, 2023 | 304 | MULTI MEDIA DOCUMENT filed by Board of Regents, The University of Texas System, TissueGen, Inc. in the form of AVI files on a disc. Filing related to 302 Letter. (Media on file in Clerk's Office). (ntl) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 305 | ORAL ORDER: Defendant Boston Scientific Corporation ("BSC") alleges that certain demonstrative exhibits from Plaintiffs Board of Regents, The University of Texas System ("UTBOR") and TissueGen, Inc. ("TissueGen") (collectively, "Plaintiffs") lack foundation, were not timely disclosed, and should be excluded under Federal Rules of Evidence ("FRE") 403 and 611(a). D.I. 290. First, Plaintiffs' expert, Dr. William Pitt ("Pitt"), created (or had someone create) these demonstratives (which are models of the Synergy stents) using a 3D printer. D.I. 302 at 1-2. BSC argues that Dr. Pitt is "not certified as an expert" in fields related to 3D printing "to provide requisite foundation and authenticate these models under FRE 901." D.I. 290 at 1. Plaintiffs argue that Pitt need not have expertise in 3D printing software to use a 3D-printed model. D.I. 302 at 2. FRE 901(a) requires that a proponent of evidence "must produce evidence sufficient to support a finding that the item is what the proponent claims it is." Fed. R. Evid. 901(a). "That burden is slight, requiring only sufficient evidence from which the fact-finder could legitimately infer that the evidence is what the proponent claims it to be." Berger v. Zeghibe, 465 F. App'x 174, 18384 (3d Cir. 2012) (internal quotation marks and citation omitted). While the Court reserves a final ruling until the Court hears Pitt's testimony at trial, Pitt's certification that the demonstratives promulgated are accurate models of items Pitt has, himself, viewed under a microscope, see D.I. 302 at 2, should provide adequate foundation. Second, BSC argues that the demonstratives "would also constitute new and undisclosed expert opinions" that "the Synergy coating is separable from the underlying stent architecture... or that the models are representative of the Synergy stents...." D.I. 290 at 2. However, the Court finds that an expert should not be expected to opine on the accuracy of demonstratives in the expert's reports, because the purpose of demonstratives is for the expert to demonstrate the expert's opinions formed through the expert discovery process. Rather, as the parties previously agreed, the parties must exchange demonstratives just prior to their use at trial. D.I. 262 70. BSC's third and fourth arguments collapse into one: Because Plaintiffs made their models with a different fiber, stent material, and "fabrication process" than those used in the accused products, and since the demonstratives incorrectly "suggest that the Synergy coating may be (1) removed in one complete piece, and (2) replaced on the stent at-will[,]" the demonstratives lack any probative value and should be excluded under FRE 403. D.I. 290 at 2-3. Plaintiffs respond that, while their demonstratives are not "made exactly like a complex commercial product[,]" Plaintiffs disclosed the models with sufficient time to permit BSC to prepare cross-examination as to any discrepancies. D.I. 302 at 3-4. FRE 403 provides that "[t]he court may exclude relevant evidence if its probative value is substantially outweighed by a danger of... unfair prejudice, confusing the issues, misleading the jury,... or needlessly presenting cumulative evidence." Further, under Rule 611(a), the Court has discretion to control "the mode... of... presenting evidence so as to: (a) make those procedures effective for determining the truth...." Here, the demonstratives will help Pitt explain his opinions to the jury, and BSC's opportunity to cross-examine Pitt reduces the risk of unfair prejudice and helps promote truth-seeking under Rule 611(a). Further, the Court's jury instructions--that demonstrative exhibits "are not evidence, and should not be considered as evidence[,]" D.I. 295 at 10--will reduce the risk of jury confusion. The Court reserves any ruling as to whether the demonstratives are used in a needlessly cumulative manner until trial. For these reasons, the Court DENIES BSC's motion (D.I. 290) to exclude the demonstrative exhibits pictured at D.I. 290-2, D.I. 290-3, D.I. 290-4, and D.I. 290-5. ORDERED by Judge Gregory B. Williams on 1/23/23. (ntl) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 306 | STATEMENT Chart regarding Joint Statement of Stipulated Facts by Boston Scientific Corporation. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 307 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Chart of Stipulated Facts Submitted by Plaintiffs - re 283 Letter, 306 Statement. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 308 | ORAL ORDER: Plaintiffs Board of Regents, The University of Texas System ("UTBOR") and TissueGen, Inc. ("TissueGen") (collectively, "Plaintiffs") and Defendant Boston Scientific Corporation ("BSC") have proposed several additional edits to the Court's jury instructions. First, the parties agree that the Court should add the following to Phase I Preliminary Jury Instruction XIII: "This trial has been split into two phases. The presentation of evidence is currently scheduled to be completed by Tuesday, January 31, 2023." D.I. 292 at 2; D.I. 294 at 16. The Court accepts this proposal. BSC proposes six additional edits. (1) To resolve the inconsistency between proposed Phase 1 Preliminary Jury Instruction VII, D.I. 294 at 8, and Phase 1 Final Jury Instruction 1.12, D.I. 295 at 12, the Court agrees-in-part with BSC's first proposal and amends Phase 1 Preliminary Jury Instruction VII to read: "On this issue, Boston Scientific has the burden of proof and must prove by clear and convincing evidence that the patent is invalid. Clear and convincing evidence means evidence that it is highly probable that a fact is true." (2) BSC argues that the Court should not say that "fiber" takes its "plain and ordinary meaning" in Phase I Final Jury Instruction 3.2 because plain meaning and "a specific claim construction... are mutually exclusive concepts." D.I. 292 at 2. The Court rejects this edit because it would not confuse a jury to state that a term takes its plain and ordinary meaning and to state what that meaning is. (3) BSC asks the Court to instruct the jury that it "may not determine infringement based on the content of a patent application...." D.I. 292 at 3. However, Phase 1 Final Jury Instruction 3.4 already recites that "[a] patent claim is infringed only if the accused product includes each and every limitation in the Asserted Claim." D.I. 295 at 20. That language would not permit a jury to compare an accused product or patent claims to a patent application. Thus, the Court rejects BSC's proposal as unnecessary. (4) BSC asks the Court to revisit its ruling during the final pretrial conference and add the word "actually" into Phase 1 Final Jury Instruction 4.6 such that it reads: "The written description requirement is designed to ensure that the inventor [actually] invented the claimed subject matter...." D.I. 292 at 4; D.I. 295 at 28. However, the instruction communicates the same message with or without the word "actually." Thus, the Court rejects the proposal to revisit its prior construction. See D.I. 288 at 44:12-19. (5) BSC asks the Court to reject two of Plaintiffs' proposals in Phase 2 Final Jury Instruction 3, both of which would remind the jury that it found in Phase 1 that Boston Scientific Limited infringed the '296 patent. D.I. 292 at 5; D.I. 298 at 5. Consistent with the Court's bifurcation order in this case, D.I. 260 at 6, the jury must determine in Phase 1 whether Boston Scientific Limited infringes any claims of the '296 patent, D.I. 296 at 3. Thus, the Court agrees with Plaintiffs that it must instruct the jury that the jury already determined in Phase 1 "that acts actually carried out by Boston Scientific Limited directly infringed" claims of the '296 patent. Thus, the Court accepts Plaintiffs' second proposed addition. D.I. 298 at 5. However, Plaintiffs' first proposed addition to Phase 2 Final Jury Instruction 3 is duplicative and, thus, the Court rejects it. (6) BSC requests certain amendments to the verdict forms in both phases of this case that--to the extent they are specified--appear to be inconsistent with the Court's prior jury instruction rulings. D.I. 292 at 5. Thus, the Court rejects BSC's proposal. ORDERED by Judge Gregory B. Williams on 1/23/23. (ntl) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 309 | ORAL ORDER: Plaintiffs Board of Regents, The University of Texas System ("UTBOR") and TissueGen, Inc. ("TissueGen") (collectively, "Plaintiffs") propose one additional edit to the Phase 1 Final Jury Instructions, two additional edits to the Phase 2 Final Jury Instructions, and one edit to each of the proposed verdict forms in this case, in addition to the one edit to which Defendant Boston Scientific Corporation ("BSC") has agreed and that the Court accepted. D.I. 293; D.I. 292 at 2. (1) Plaintiffs ask the Court to instruct on three secondary indicia of non-obviousness: "[w]hether others tried and failed to make the claimed invention[,]" copying, and "[w]hether the inventor proceeded contrary to accepted wisdom in the field." D.I. 295 at 27. BSC opposes this addition. D.I. 292 at 4. The Court has rejected all secondary indicia of non-obviousness other than "teaching away by prior art" as untimely. D.I. 289. Since Plaintiffs request a jury instruction on rejected secondary indicia only, the Court rejects Plaintiffs' proposal. (2) Plaintiffs ask that Phase 2 Final Jury Instruction 4.5 be revised to read: "the amount you find as damages must be based on the value attributable to the patented technology, as distinct from... UTBOR's and TissueGen's size or market position" rather than "Boston Scientific's size or market position." D.I. 293 at 1-2; D.I. 298 at 13. The parties initially jointly proposed that the text read "Boston Scientific's," D.I. 272 at 22, but Plaintiffs argue that this proposed instruction was meant to track the Federal Circuit Bar Association ("FCBA") Model Instruction B.5.12, D.I. 293 at 1. The Court agrees both that the proposed instruction directly tracks the FCBA Model and that the FCBA Model instructs on "[the patent holder's] size or market position." Model Patent Jury Instructions, at 74, FCBA, https://tinyurl.com/4fj68ys4. Thus, the Court accepts Plaintiffs' proposal. (3) Plaintiffs object to the Court's Phase 2 Final Jury Instruction 4.6. D.I. 293 at 2; D.I. 298 at 14. Plaintiffs argue that a non-infringing substitute has to be "acceptable to all purchasers" and viewed by buyers "as equivalent to the patented device." D.I. 293 at 2 (cleaned up). However, Plaintiffs cite for their argument, see D.I. 293 at 2, a case that discussed non-infringing substitutes in the context of lost profits damages, see Am. Seating Co. v. USSC Grp., Inc., 514 F.3d 1262, 1270 (Fed. Cir. 2008), rather than the reasonable royalty damages at issue here. Plaintiffs' argument is also incorrect in the lost profits context, since, "if there is a noninfringing alternative which any given purchaser would have found acceptable and bought, then the patentee cannot obtain lost profits for that particular sale." Mentor Graphics Corp. v. EVE-USA, Inc., 851 F.3d 1275, 1286 (Fed. Cir. 2017) (footnote omitted). Thus, the alternative need be acceptable to only one purchaser to affect lost profit damages, not to all purchasers. The Court rejects Plaintiffs' second proposal and, instead, retains the jury instruction adopted from Complete Genomics v. Illumina, C.A. No. 19-970, D.I. 404 at 38; D.I. 272 at 23 & n.38. (4) Plaintiffs propose to modify question No. 1 of the Phase 1 Verdict form to ask whether "Boston Scientific directly infringed one or more of claims 1, 11, 17, and 26 of the '296 patent," D.I. 293 at 2-3, rather than whether "Boston Scientific's Synergy stents infringe any of the following claims[,]" D.I. 296 at 2. During the pretrial conference, BSC offered that it would "reflect" on such an edit. D.I. 288 at 46:24-47:2. Under the Patent Act, "whoever... makes, uses, offers to sell, or sells any patented invention... infringes the patent." 35 U.S.C. § 271(a). Since the Court has adopted a separate question that asks whether Boston Scientific Limited, a BSC subsidiary, directly infringed, D.I. 296 at 3, and since Phase 1 Jury Instruction 3.4 already connects BSC's infringement to whether its product "includes each and every limitation in the Asserted Claim[,]" D.I. 295 at 20, the Court adopts Plaintiffs' proposed amendment to the verdict form. The Court also amends Phase 1 Final Jury Instruction 3.4 to change "Boston Scientific" to "Boston Scientific and/or Boston Scientific Limited" to clarify for the jury that the same analysis applies to Phase 1 Verdict Sheet Question Nos. 1 and 2. (5) Plaintiffs propose to add to the Phase 2 Verdict Sheet a new Question No. 3 that asks whether UTBOR and TissueGen proved that "TissueGen did not make, offer to sell, or sell products... that practiced the '296 patent[.]" D.I. 293 at 3. Plaintiffs also propose to remove current Question No. 4, id., which asks whether UTBOR and TissueGen proved their compliance with the marking requirement, D.I. 299 at 5. Since the Court proposes to instruct the jury that UTBOR and TissueGen must prove that (i) they did not make a product that practices the '296 patent, (ii) they complied with the marking requirement, or (iii) they complied with the actual notice requirement, D.I. 301-1 at 2, the Court adopts-in-part Plaintiffs' proposal. The Court adopts Plaintiffs' proposed Question No. 3, D.I. 293 at 3, but adds "UTBOR and" before "TissueGen" for consistency with the Court's marking instruction, D.I. 301-1, to which Plaintiffs did not object in relevant part, D.I. 285 at 2. The Court retains its current Question No. 4, makes its current Question No. 3 into Question No. 5, and makes its current Question Nos. 5 and 6 into Question Nos. 6 and 7, respectively. See D.I. 299. These edits also maintain consistency with the order in the Court's marking instruction. D.I. 301-1. Finally, the Court amends the newly-numbered Question No. 7 to have a first answer line labeled "Before November 20, 2017: $" and a second answer line labeled "On or After November 20, 2017: $". This will allow the Court to more easily determine the proper damages amount. ORDERED by Judge Gregory B. Williams on 1/23/23. (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 310 | NOTICE of of Compliance with D.I. 291 Regarding Proposed Stipulations by Board of Regents, The University of Texas System, TissueGen, Inc. re 291 Order,,,,,, (Attachments: # 1 Exhibit 1)(Stamoulis, Stamatios) (Entered: 01/23/2023) (0) |
| Jan 20, 2023 | 300 | NOTICE of Compliance with Court Order Regarding Proposed Stipulations by Board of Regents, The University of Texas System, TissueGen, Inc. re 291 Order,,,,,, (Attachments: # 1 Exhibit 1)(Stamoulis, Stamatios) (Entered: 01/20/2023) (0) |
| Jan 20, 2023 | 301 | MEMORANDUM ORDER re jury instruction on patent marking. Signed by Judge Gregory B. Williams on 1/20/23. (Attachment (1) patent marking instruction) (ntl) (Entered: 01/20/2023) (0) |
| Jan 20, 2023 | 302 | Letter to the Honorable Gregory B. Williams from Stamatios Stamoulis regarding Responding to Defendant's Letter Regarding Demonstratives - re 290 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stamoulis, Stamatios) (Entered: 01/20/2023) (0) |
| Jan 20, 2023 | 303 | MEMORANDUM ORDER re 284 BSC's motion to quash Plaintiffs' subpoena is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 1/20/23. (ntl) (Entered: 01/20/2023) (6) |
| Jan 19, 2023 | 287 | Letter to the Honorable Gregory B. Williams from Stamatios Stamoulis regarding Plaintiffs' Trial Witness Subpoena - re 284 Letter. (Stamoulis, Stamatios) (Entered: 01/19/2023) (3) |
| Jan 19, 2023 | 288 | Official Transcript of Pretrial Conference held on 01.12.2023 before Judge Gregory Williams. Court Reporter/Transcriber Michele Rolfe,Email: michele_rolfe@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 2/9/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/19/2023. (Rolfe, Michele) (Entered: 01/19/2023) (105) |
| Jan 19, 2023 | 289 | ORAL ORDER: The Court instructed Plaintiffs Board of Regents, the University of Texas System ("UTBOR") and TissueGen, Inc. ("TissueGen") (collectively, "Plaintiffs") to "describe what objective indicia of non-obviousness that UTBOR and TissueGen seek to present--and what evidence they seek to raise related thereto--at trial and where and when UTBOR and TissueGen have disclosed such objective indicia of non-obviousness to BSC" and sought responsive briefing from Defendant Boston Scientific Corp. ("BSC"). D.I. 276 9. Having reviewed the parties' briefing, D.I. 279; D.I. 286, the Court finds as follows: Plaintiff had several prior opportunities to advise BSC of any claims of copying or other objective indicia of non-obviousness. Plaintiffs admitted that they disclosed only one secondary indicium of non-obviousness, "teaching away by prior art," in their response to BSC's interrogatory seeking what objective indicia of non-obviousness that Plaintiffs were asserting in this action. D.I. 279 at 4; D.I. 286 at 2 (quoting the interrogatory). Plaintiffs' First Amended Complaint, D.I. 124, and the two partial deposition transcripts that Plaintiffs submitted as attachments to their briefing on this issue, D.I. 279-1; D.I. 279-2, fail to mention the words "copy" or "steal" and thus could not have put BSC on notice of a copying defense. BSC's expert report recited various objective indicia of non-obviousness and explained the expert's understanding that Plaintiffs did not rely on those objective indicia of non-obviousness, which should again have prompted Plaintiffs to disclose such defenses if Plaintiffs were asserting any of them. D.I. 286-1 620, 631-32, 635, 639, 640, 645, 648, 651. BSC specifically mentioned the lack of UTBOR's argument or evidence regarding the secondary considerations of commercial success or copying in its briefing on the Motion for Bifurcation, D.I. 248 at 13, and UTBOR did not refute BSC's argument, D.I. 253. To now permit UTBOR and TissueGen to assert and disclose previously-undisclosed defenses to BSC's invalidity counterclaims, such as copying and other objective indicia of non-obviousness, approximately two weeks before trial would be highly prejudicial to BSC. Significantly, the Court's Scheduling Order permitted BSC to "submit an expert opinion in reply to any expert report or opinion on objective indicia of non-obviousness[,]" D.I. 47 8(f)(i) and D.I. 179, and Plaintiffs' lack of disclosure deprived BSC of the opportunity to submit such an opinion. Moreover, the fact that Plaintiffs previously disclosed "teaching away by prior art" but did not previously disclose "copying" or any other objective indicia of non-obviousness is revealing. Federal Rule of Civil Procedure 37(c)(1) provides: "If a party fails to provide information... as required by Rule 26(a) or (e), the party is not allowed to use that information... to supply evidence... at a trial, unless the failure was substantially justified or is harmless." The Third Circuit considers the Pennypack factors on such issues. An analysis of the Pennypack factors, which Plaintiffs agree apply here, D.I. 279 at 4, reveals that BSC would suffer substantial prejudice and there would be no way for the Court to grant BSC adequate time to prepare for Plaintiffs' new theories and have trial as scheduled; the parties' dispute signifies the importance of the objective indicia evidence; and the likelihood of substantial disagreements between the parties about the admissibility of evidence that supports objective indicia of non-obviousness, such as copying, could "disrupt the orderly and efficient trial of the case[,]" LabMD Inc. v. Boback, 47 F.4th 164, 189 (3d Cir. 2022). However, the Court does not assume Plaintiffs acted in bad faith. Further, the concept of "teaching away by prior art" is generally used to refute the idea that certain prior art alleged to render a patent obvious taught away from the patent at the time of the invention. See Galderma Lab'ys, L.P. v. Tolmar, Inc., 737 F.3d 731, 737-38 (Fed. Cir. 2013); In re Mouttet, 686 F.3d 1322, 1333 (Fed. Cir. 2012) ("A reference that properly teaches away can preclude a determination that the reference renders a claim obvious."). Thus, IT IS HEREBY ORDERED that, with the exception of "teaching away by prior art", Plaintiffs may not cross-examine any BSC witness about, as to, or introduce evidence of copying or any other objective indicia of non-obviousness to rebut BSC's obviousness claim. The Court expects that any "teaching away by prior art" rebuttal during Phase 1 of the trial would focus on the content of the prior art, and not on the knowledge, intent, or internal deliberations of BSC. ORDERED by Judge Gregory B. Williams on 1/19/23. (ntl) (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 290 | [SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Objections to Plaintiffs' Demonstrative Models. (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)(Farnan, Michael) (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 291 | ORAL ORDER: The Court has reviewed Plaintiffs' description of the meet-and-confer that occurred on Tuesday, January 17, 2023 related to facts to which Plaintiffs believe Defendant should stipulate. D.I. 283. IT IS HEREBY ORDERED that, no later than Friday, January 20, 2023 at 2:00 PM, Plaintiffs shall docket (and shall email to Defendant a Microsoft Word or Excel version of) a table that, in the first column, lists each fact to which Plaintiffs believe Defendant should stipulate and in the second column, provides a pin citation to Defendant's admission; the table shall have blank third and fourth columns. No later than Monday, January 23 at 12:00 PM, Defendant shall docket (and shall email to Plaintiffs a Microsoft Word or Excel version of) the same table, except that, in the third column, Defendant shall state whether it agrees to stipulate to the fact or shall provide a precise reason it refuses to do so and one or more pin citations to support its refusal. For example, if Defendant never admitted a fact, Defendant shall identify the specific parts of the fact to which Defendant has and has not admitted. No later than Monday, January 23, 2023 at 9:00 PM, Plaintiffs shall docket (and shall email to both the Court and Defendant a Microsoft Word or Excel version of) the same table Defendant submitted, except that Plaintiffs shall submit any response to Defendants in the fourth column, again with supporting pin citations. ORDERED by Judge Gregory B. Williams on 1/19/23. (ntl) (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 292 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Revisions to Jury Instructions. (Farnan, Michael) (Entered: 01/19/2023) (6) |
| Jan 19, 2023 | 293 | Letter to The Honorable Gregory B. Williams from Stamatios Stamoulis regarding Plaintiff's Proposed Revisions to Jury Instructions and Verdict Forms. (Stamoulis, Stamatios) (Entered: 01/19/2023) (4) |
| Jan 19, 2023 | 294 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Preliminary Jury Instructions (Phase 1). (Stamoulis, Stamatios) (Entered: 01/19/2023) (19) |
| Jan 19, 2023 | 295 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Final Jury Instructions (Phase 1). (Stamoulis, Stamatios) (Entered: 01/19/2023) (30) |
| Jan 19, 2023 | 296 | VERDICT SHEET by Board of Regents, The University of Texas System, TissueGen, Inc. Verdict Form (Phase 1). (Stamoulis, Stamatios) (Entered: 01/19/2023) (5) |
| Jan 19, 2023 | 297 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Preliminary Jury Instructions (Phase 2). (Stamoulis, Stamatios) (Entered: 01/19/2023) (6) |
| Jan 19, 2023 | 298 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Final Jury Instructions (Phase 2). (Stamoulis, Stamatios) (Entered: 01/19/2023) (19) |
| Jan 19, 2023 | 299 | VERDICT SHEET by Board of Regents, The University of Texas System, TissueGen, Inc. Verdict Form (Phase 2). (Stamoulis, Stamatios) (Entered: 01/19/2023) (8) |
| Jan 18, 2023 | 283 | Letter to the Honorable Gregory B. Williams from Stamatios Stamoulis regarding Stipulation of Admitted Facts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stamoulis, Stamatios) (Entered: 01/18/2023) (0) |
| Jan 18, 2023 | 284 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Motion to Quash Trial Subpoena. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 01/18/2023) (0) |
| Jan 18, 2023 | 285 | Joint Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Marking Instruction. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 01/18/2023) (0) |
| Jan 18, 2023 | 286 | [SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response on Secondary Considerations - re 279 Letter. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 01/18/2023) (0) |
| Jan 17, 2023 | 277 | Witness List by Boston Scientific Corporation. (Farnan, Michael) (Entered: 01/17/2023) (5) |
| Jan 17, 2023 | 278 | [SEALED] Exhibit List (Identification by Phase) by Boston Scientific Corporation. (Farnan, Michael) (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 279 | [SEALED] Letter to the Honorable Gregory B. Williams from Stamatios Stamoulis regarding Secondary Considerations Testimony. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stamoulis, Stamatios) (Main Document 279 replaced on 1/18/2023) (ntl). (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 280 | Witness List by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 281 | [SEALED] Exhibit List by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 282 | MOTION for Pro Hac Vice Appearance of Attorney Alex Q. Jacobs - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/17/2023) (4) |
| Jan 13, 2023 | 276 | ORDER regarding the Court's rulings on the parties' motions in limine and other pretrial matters discussed during yesterday's pretrial conference. Signed by Judge Gregory B. Williams on 1/13/23. (ntl) (Entered: 01/13/2023) (4) |
| Jan 4, 2023 | 275 | NOTICE requesting Clerk to remove James R. Ferguson as co-counsel.. (Farnan, Brian) (Entered: 01/04/2023) (2) |
| Jan 3, 2023 | 267 | MOTION for Pro Hac Vice Appearance of Attorney Evan J. Kline-Wedeen, Doowon R. Chung, and N. Chethana Perera - filed by Boston Scientific Corporation. (Farnan, Michael) (Entered: 01/03/2023) (4) |
| Jan 3, 2023 | 268 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Phase 1 Preliminary Jury Instructions. (Stamoulis, Stamatios) (Entered: 01/03/2023) (23) |
| Jan 3, 2023 | 269 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Phase 1 Final Jury Instructions. (Stamoulis, Stamatios) (Entered: 01/03/2023) (30) |
| Jan 3, 2023 | 270 | VERDICT SHEET by Board of Regents, The University of Texas System, TissueGen, Inc. Proposed Verdict Form. (Stamoulis, Stamatios) (Entered: 01/03/2023) (7) |
| Jan 3, 2023 | 271 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Phase 2 Preliminary Jury Instructions. (Stamoulis, Stamatios) (Entered: 01/03/2023) (8) |
| Jan 3, 2023 | 272 | Proposed Jury Instructions by Board of Regents, The University of Texas System, TissueGen, Inc. Phase 2 Final Jury Instructions. (Stamoulis, Stamatios) (Entered: 01/03/2023) (30) |
| Jan 3, 2023 | 273 | VERDICT SHEET by Board of Regents, The University of Texas System, TissueGen, Inc. Proposed Verdict Form (Phase 2). (Stamoulis, Stamatios) (Entered: 01/03/2023) (14) |
| Jan 3, 2023 | 274 | Proposed Voir Dire by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 01/03/2023) (7) |
| Dec 28, 2022 | 266 | REDACTED VERSION of 263 Appendix,, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Stamoulis, Stamatios) (Attachment 13 replaced on 12/29/2022) (ntl). (Attachment 14 replaced on 12/29/2022) (ntl). (Attachment 15 replaced on 12/29/2022) (ntl). (Entered: 12/28/2022) (0) |
| Dec 22, 2022 | 264 | NOTICE OF SERVICE of Boston Scientific's Notice Pursuant to 35 U.S.C. § 282 filed by Boston Scientific Corporation.(Farnan, Brian) (Entered: 12/22/2022) (2) |
| Dec 22, 2022 | 265 | NOTICE OF SERVICE of Subpoena filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) (Entered: 12/22/2022) (7) |
| Dec 20, 2022 | 262 | Proposed Pretrial Order by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 12/20/2022) (26) |
| Dec 20, 2022 | 263 | [SEALED] APPENDIX re 262 Proposed Pretrial Order by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Stamoulis, Stamatios) (Entered: 12/20/2022) (0) |
| Dec 12, 2022 | 261 | MEMORANDUM ORDER re 199 MOTION to Preclude Expert Testimony filed by Boston Scientific Corporation is DENIED; 191 MOTION to Exclude the Testimony of David A. Haas filed by Board of Regents, The University of Texas System, TissueGen, Inc. is DENIED. Signed by Judge Gregory B. Williams on 12/12/22. (ntl) (Entered: 12/12/2022) (13) |
| Dec 2, 2022 | 260 | MEMORANDUM ORDER re 247 MOTION to Bifurcate filed by Boston Scientific Corporation is GRANTED. Signed by Judge Gregory B. Williams on 12/2/22. (ntl) (Entered: 12/02/2022) (6) |
| Nov 21, 2022 | 257 | REPLY BRIEF re 247 MOTION to Bifurcate filed by Boston Scientific Corporation. (Farnan, Brian) (Entered: 11/21/2022) (16) |
| Nov 21, 2022 | 258 | REDACTED VERSION of 253 Answering Brief in Opposition by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 11/21/2022) (15) |
| Nov 21, 2022 | 259 | REDACTED VERSION of 254 Appendix by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 11/21/2022) (30) |
| Nov 17, 2022 | 255 | MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 11/17/22. (ntl) (Entered: 11/17/2022) (21) |
| Nov 17, 2022 | 256 | ORDER re 255 Memorandum Opinion regarding claim construction. Signed by Judge Gregory B. Williams on 11/17/22. (ntl) (Entered: 11/17/2022) (1) |
| Nov 14, 2022 | 253 | [SEALED] ANSWERING BRIEF in Opposition re 247 MOTION to Bifurcate filed by Board of Regents, The University of Texas System, TissueGen, Inc..Reply Brief due date per Local Rules is 11/21/2022. (Stamoulis, Stamatios) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 254 | [SEALED] APPENDIX re 253 Answering Brief in Opposition by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) (Entered: 11/14/2022) (0) |
| Nov 7, 2022 | N/A | Remark (0) Docket Text: The Markman hearing scheduled for 11/07/2022 at 04:00 PM will now be held in Courtroom 4B. (smg) |
| Nov 7, 2022 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Gregory B. Williams - Markman Hearing held on 11/7/2022. (Court Reporter: Deanna Warner, warnerdeanna@gmail.com). (twk) |
| Nov 4, 2022 | 251 | Redacted Document (23) Docket Text: REDACTED VERSION of [248] Opening Brief in Support by Boston Scientific Corporation. (Farnan, Michael) |
| Nov 4, 2022 | 252 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [249] Declaration by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-4)(Farnan, Michael) |
| Nov 4, 2022 | 252 | Redacted Document (Exhibits 1-4) (30) Docket Text: REDACTED VERSION of [249] Declaration by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-4)(Farnan, Michael) |
| Nov 2, 2022 | 250 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [246] Appendix,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-8, # (2) Exhibits 9-11, # (3) Exhibits 12-27)(Farnan, Michael) |
| Nov 2, 2022 | 250 | Redacted Document (Exhibits 1-8) (30) Docket Text: REDACTED VERSION of [246] Appendix,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-8, # (2) Exhibits 9-11, # (3) Exhibits 12-27)(Farnan, Michael) |
| Nov 2, 2022 | 250 | Redacted Document (Exhibits 9-11) (30) Docket Text: REDACTED VERSION of [246] Appendix,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-8, # (2) Exhibits 9-11, # (3) Exhibits 12-27)(Farnan, Michael) |
| Nov 2, 2022 | 250 | Redacted Document (Exhibits 12-27) (30) Docket Text: REDACTED VERSION of [246] Appendix,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-8, # (2) Exhibits 9-11, # (3) Exhibits 12-27)(Farnan, Michael) |
| Oct 28, 2022 | 247 | Motion to Bifurcate (Main Document) (2) Docket Text: MOTION to Bifurcate - filed by Boston Scientific Corporation. (Attachments: # (1) Rule 7.1.1 Certification)(Farnan, Michael) |
| Oct 28, 2022 | 247 | Motion to Bifurcate (Rule 7.1.1 Certification) (2) Docket Text: MOTION to Bifurcate - filed by Boston Scientific Corporation. (Attachments: # (1) Rule 7.1.1 Certification)(Farnan, Michael) |
| Oct 26, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 246 placed under seal per request of counsel. (ntl) |
| Oct 26, 2022 | 245 | Joint Claim Construction Brief (21) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF - ("Polymer Fiber") filed by Boston Scientific Corporation. (Farnan, Michael) |
| Oct 14, 2022 | 244 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Elliot Choi as co-counsel.. (Farnan, Brian) |
| Oct 6, 2022 | 243 | Memorandum and Order (18) Docket Text: MEMORANDUM ORDER re [198] MOTION for Summary Judgment of Noninfringement filed by Boston Scientific Corporation and [197] MOTION for Summary Judgment of No Willful Infringement filed by Boston Scientific Corporation are DENIED. A Final Pretrial Conference is set for 1/12/2023 at 03:00 PM in Courtroom 6B. A 5-day Jury Trial is set for 1/25/2023 at 09:30 AM in Courtroom 6B. A Markman Hearing is set for 11/7/2022 at 04:00 PM in Courtroom 6B. Signed by Judge Gregory B. Williams on 10/6/22. (ntl) |
| Sep 29, 2022 | 242 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Pretrial Conference and Trial Dates. (Farnan, Brian) |
| Sep 27, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [241] STIPULATION to amend the Stipulated Protective Order filed by Board of Regents, The University of Texas System, TissueGen, Inc. Signed by Judge Gregory B. Williams on 9/26/22. (ntl) |
| Sep 23, 2022 | 241 | Stipulation (1) Docket Text: STIPULATION to amend the Stipulated Protective Order by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Sep 12, 2022 | 240 | Notice (Other) (3) Docket Text: NOTICE of Withdrawal of Counsel Alfonso G. Chan, William D. Ellerman, and Ari Rafilson by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) |
| Sep 8, 2022 | 239 | Notice of Change of Address (2) Docket Text: NOTICE of Change of Address by Stamatios Stamoulis (Stamoulis, Stamatios) |
| Sep 7, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Gregory B Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (apk) |
| Aug 30, 2022 | 238 | Answer to Amended Complaint (27) Docket Text: ANSWER to Amended Complaint, re: [124] Amended Complaint with Jury Demand by Boston Scientific Corporation.(Farnan, Michael) |
| Aug 29, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 236 has been replaced on the docket at the request of counsel to correct a PDF conversation error. (dlw) |
| Aug 26, 2022 | 236 | Letter (4) Docket Text: Joint Letter to The Honorable Maryellen Noreika from Stamatios Stamoulis and Brian E. Farnan regarding summary of settlement discussions between parties principals - re Telephone Conference,, Terminate Motions,. (Stamoulis, Stamatios) (Main Document 236 replaced on 8/29/2022) (dlw). |
| Aug 16, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 8/16/2022. The defendant's motion to dismiss ([128]) is DENIED; the transcript shall serve as the Court's ruling. Further, a joint letter regarding settlement discussions is due by Friday, August 26, 2022. (Court Reporter Dale Hawkins.) (mdb) |
| Aug 8, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [235] MOTION for Pro Hac Vice Appearance of Attorney John P. Lahad and Brian D. Melton filed by TissueGen, Inc. ORDERED by Judge Maryellen Noreika on 8/8/2022. (dlw) |
| Aug 8, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Brian D. Melton, and John P. Lahad for TissueGen, Inc. 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. (smg) |
| Aug 5, 2022 | 235 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John P. Lahad and Brian D. Melton - filed by TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 29, 2022 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Telephonic Hearing on [128] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter: IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 8/16/2022 at 11:00 AM before Judge Maryellen Noreika. The Court is setting aside thirty (30) minutes for the hearing with the time split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's office within one (1) hour after submission. Counsel may, however, agree upon a different time to exchange their respective slides. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 7/29/2022. (dlw) |
| Jul 29, 2022 | 234 | Notice of Service (9) Docket Text: NOTICE OF SERVICE of Letter to Opposing Counsel filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jul 18, 2022 | 232 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [215] Appendix, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A-S, # (2) Exhibit T-AA, # (3) Exhibit BB-DD, # (4) Exhibit EE-JJ)(Stamoulis, Stamatios) |
| Jul 18, 2022 | 232 | Redacted Document (Exhibit A-S) (30) Docket Text: REDACTED VERSION of [215] Appendix, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A-S, # (2) Exhibit T-AA, # (3) Exhibit BB-DD, # (4) Exhibit EE-JJ)(Stamoulis, Stamatios) |
| Jul 18, 2022 | 232 | Redacted Document (Exhibit T-AA) (30) Docket Text: REDACTED VERSION of [215] Appendix, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A-S, # (2) Exhibit T-AA, # (3) Exhibit BB-DD, # (4) Exhibit EE-JJ)(Stamoulis, Stamatios) |
| Jul 18, 2022 | 232 | Redacted Document (Exhibit BB-DD) (30) Docket Text: REDACTED VERSION of [215] Appendix, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A-S, # (2) Exhibit T-AA, # (3) Exhibit BB-DD, # (4) Exhibit EE-JJ)(Stamoulis, Stamatios) |
| Jul 18, 2022 | 232 | Redacted Document (Exhibit EE-JJ) (30) Docket Text: REDACTED VERSION of [215] Appendix, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A-S, # (2) Exhibit T-AA, # (3) Exhibit BB-DD, # (4) Exhibit EE-JJ)(Stamoulis, Stamatios) |
| Jul 15, 2022 | 223 | Redacted Document (24) Docket Text: REDACTED VERSION of [212] Answering Brief in Opposition, by Boston Scientific Corporation. (Farnan, Michael) |
| Jul 15, 2022 | 224 | Redacted Document (30) Docket Text: REDACTED VERSION of [220] Reply Brief, by Boston Scientific Corporation. (Farnan, Michael) |
| Jul 15, 2022 | 225 | Redacted Document (6) Docket Text: REDACTED VERSION of [221] Defendant's Response to Plaintiffs' Concise Statement of Facts Regarding Noninfringement by Boston Scientific Corporation. (Farnan, Michael) Modified on 7/15/2022 (mdb). |
| Jul 15, 2022 | 226 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [222] Declaration, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-8)(Farnan, Michael) |
| Jul 15, 2022 | 226 | Redacted Document (Exhibits 1-8) (23) Docket Text: REDACTED VERSION of [222] Declaration, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-8)(Farnan, Michael) |
| Jul 15, 2022 | 227 | Redacted Document (3) Docket Text: REDACTED VERSION of [213] Statement by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 15, 2022 | 228 | Redacted Document (30) Docket Text: REDACTED VERSION of [214] Answering Brief in Opposition, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 15, 2022 | 229 | Redacted Document (7) Docket Text: REDACTED VERSION of [216] Statement by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 15, 2022 | 230 | Redacted Document (6) Docket Text: REDACTED VERSION of [217] Statement by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 15, 2022 | 231 | Redacted Document (10) Docket Text: REDACTED VERSION of [219] Reply Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 5, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 214 has been replaced on the docket at the request of counsel. (dlw) |
| Jul 5, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [218] STIPULATION TO EXTEND TIME to file the redacted versions of their oppositions to summary judgment and Daubert motions to 7/15/2022. ORDERED by Judge Maryellen Noreika on 7/5/2022. (dlw) |
| Jul 1, 2022 | 218 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to file the redacted versions of their oppositions to summary judgment and Daubert motions to 7/15/2022 - filed by Boston Scientific Corporation. (Farnan, Brian) |
| Jun 30, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael W. Shore for Board of Regents, The University of Texas System 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. (mpb) |
| Jun 22, 2022 | 210 | Redacted Document (30) Docket Text: REDACTED VERSION of [193] Appendix by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jun 22, 2022 | 211 | Redacted Document (30) Docket Text: REDACTED VERSION of [196] Appendix by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jun 21, 2022 | 206 | Redacted Document (30) Docket Text: REDACTED VERSION of [200] Opening Brief in Support, by Boston Scientific Corporation. (Farnan, Michael) |
| Jun 21, 2022 | 207 | Redacted Document (7) Docket Text: REDACTED VERSION of [201] Statement by Boston Scientific Corporation. (Farnan, Michael) |
| Jun 21, 2022 | 208 | Redacted Document (8) Docket Text: REDACTED VERSION of [202] Statement by Boston Scientific Corporation. (Farnan, Michael) |
| Jun 21, 2022 | 209 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [203] Declaration,,,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-14, # (2) Exhibits 15-23, # (3) Exhibits 24-30, # (4) Exhibits 31-48, # (5) Exhibits 49-54)(Farnan, Michael) |
| Jun 21, 2022 | 209 | Redacted Document (Exhibits 1-14) (30) Docket Text: REDACTED VERSION of [203] Declaration,,,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-14, # (2) Exhibits 15-23, # (3) Exhibits 24-30, # (4) Exhibits 31-48, # (5) Exhibits 49-54)(Farnan, Michael) |
| Jun 21, 2022 | 209 | Redacted Document (Exhibits 15-23) (30) Docket Text: REDACTED VERSION of [203] Declaration,,,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-14, # (2) Exhibits 15-23, # (3) Exhibits 24-30, # (4) Exhibits 31-48, # (5) Exhibits 49-54)(Farnan, Michael) |
| Jun 21, 2022 | 209 | Redacted Document (Exhibits 24-30) (30) Docket Text: REDACTED VERSION of [203] Declaration,,,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-14, # (2) Exhibits 15-23, # (3) Exhibits 24-30, # (4) Exhibits 31-48, # (5) Exhibits 49-54)(Farnan, Michael) |
| Jun 21, 2022 | 209 | Redacted Document (Exhibits 31-48) (30) Docket Text: REDACTED VERSION of [203] Declaration,,,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-14, # (2) Exhibits 15-23, # (3) Exhibits 24-30, # (4) Exhibits 31-48, # (5) Exhibits 49-54)(Farnan, Michael) |
| Jun 21, 2022 | 209 | Redacted Document (Exhibits 49-54) (30) Docket Text: REDACTED VERSION of [203] Declaration,,,, by Boston Scientific Corporation. (Attachments: # (1) Exhibits 1-14, # (2) Exhibits 15-23, # (3) Exhibits 24-30, # (4) Exhibits 31-48, # (5) Exhibits 49-54)(Farnan, Michael) |
| Jun 15, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER DENYING [194] MOTION for Summary Judgment on the Issue of Definiteness - WHEREAS, pursuant to the [47] Scheduling Order, a separate concise statement of facts shall be filed with any summary judgment motion; and WHEREAS, Plaintiff did not file such statement with its [194] Motion for Summary Judgment. THEREFORE, IT IS HEREBY ORDERED that the motion is DENIED for failure to comply with this Court's procedures set forth in the Scheduling Order. ORDERED Maryellen Noreika on 6/15/2022. (dlw) |
| Jun 14, 2022 | 191 | Motion for Miscellaneous Relief (2) Docket Text: MOTION to Exclude the Testimony of David A. Haas - filed by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 192 | Opening Brief in Support (8) Docket Text: OPENING BRIEF in Support re [191] MOTION to Exclude the Testimony of David A. Haas filed by Board of Regents, The University of Texas System, TissueGen, Inc. Answering Brief/Response due date per Local Rules is 6/28/2022. (Stamoulis, Stamatios) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 194 | Motion for Summary Judgment (2) Docket Text: MOTION for Summary Judgment on the Issue of Definiteness - filed by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 195 | Opening Brief in Support (Main Document) (8) Docket Text: OPENING BRIEF in Support re [194] MOTION for Summary Judgment on the Issue of Definiteness filed by Board of Regents, The University of Texas System, TissueGen, Inc. Answering Brief/Response due date per Local Rules is 6/28/2022. (Attachments: # (1) Exhibit 1-2)(Stamoulis, Stamatios) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 195 | Opening Brief in Support (Exhibit 1-2) (30) Docket Text: OPENING BRIEF in Support re [194] MOTION for Summary Judgment on the Issue of Definiteness filed by Board of Regents, The University of Texas System, TissueGen, Inc. Answering Brief/Response due date per Local Rules is 6/28/2022. (Attachments: # (1) Exhibit 1-2)(Stamoulis, Stamatios) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 197 | Motion for Summary Judgment (2) Docket Text: MOTION for Summary Judgment of No Willful Infringement - filed by Boston Scientific Corporation. (Farnan, Michael) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 198 | Motion for Summary Judgment (2) Docket Text: MOTION for Summary Judgment of Noninfringement - filed by Boston Scientific Corporation. (Farnan, Michael) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 199 | Motion to Preclude (Main Document) (2) Docket Text: MOTION to Preclude Expert Testimony - filed by Boston Scientific Corporation. (Attachments: # (1) Rule 7.1.1 Certification)(Farnan, Michael) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 199 | Motion to Preclude (Rule 7.1.1 Certification) (1) Docket Text: MOTION to Preclude Expert Testimony - filed by Boston Scientific Corporation. (Attachments: # (1) Rule 7.1.1 Certification)(Farnan, Michael) Modified on 6/15/2022 (dlw). |
| Jun 14, 2022 | 204 | Notice of Filing Multi Media Materials (2) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: two USB drives containing Exhibit 9 to the Declaration of Michael J. Farnan. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of Boston Scientific Corporation (Farnan, Michael) |
| Jun 13, 2022 | 190 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Addendum to the Expert Report of Kirk N. Garratt MSC MD MSCAI FACC and Corrected Addendum to the Expert Report of Kirk N. Garratt MSC MD MSCAI FACC filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 2, 2022 | 188 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Supplement to April 1, 2022 Expert Report of William G. Pitt, Ph.D. filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 2, 2022 | 189 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Notice of Deposition of David Mooney, Ph.D.; (2) Notice of Deposition of Kinam Park, and (3) Notice of Deposition of Dr. Dean Kereiakes filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| May 31, 2022 | 187 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of the Notices of Deposition of: (i) Justin V. Lewis; (ii) Dr. William G. Pitt; and (iii) Dr. Kirk N. Garratt filed by Boston Scientific Corporation.(Farnan, Brian) |
| May 6, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Katherine S. Razavi and David J.F. Gross for Boston Scientific Corporation 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. (srs) |
| May 5, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Christopher J. Burrell and Chad M. Drown for Boston Scientific Corporation 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. (mpb) |
| May 3, 2022 | 185 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Rebuttal Expert Report of David J. Mooney, Ph.D. Regarding Noninfringement of U.S. Patent No. 6,596,296; (ii) Rebuttal Expert Report of Dean J. Kereiakes, M.D.; and (iii) Rebuttal Expert Report of David A. Haas filed by Boston Scientific Corporation.(Farnan, Brian) |
| May 3, 2022 | 186 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Validity Expert Report of William G. Pitt, Ph.D. filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Apr 6, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Magistrate Judge Hall for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (ceg) |
| Apr 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [182] MOTION for Pro Hac Vice Appearance of Attorney Ari B. Rafilson filed by Board of Regents, The University of Texas System, TissueGen, Inc.. ORDERED by Judge Maryellen Noreika on 4/4/2022. (mdb) |
| Apr 4, 2022 | 183 | Stipulation (1) Docket Text: STIPULATION to Amend Protective Order by Boston Scientific Corporation. (Farnan, Brian) |
| Apr 4, 2022 | 184 | SO ORDERED (1) Docket Text: SO ORDERED, re [183] Stipulation to Amend Protective Order filed by Boston Scientific Corporation. Signed by Judge Maryellen Noreika on 4/4/2022. (mdb) |
| Apr 1, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Timothy E. Grimsrud and Lauren J.F. Barta for Boston Scientific Corporation 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. (mpb) |
| Mar 31, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [180] MOTION for Pro Hac Vice Appearance of Attorney Timothy E. Grimsrud, Chad M. Drown, Katherine S. Razavi, Lauren J.F. Barta, Christopher J. Burrell, and David J.F. Gross filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 3/31/2022. (dlw) |
| Mar 31, 2022 | 181 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Combined Supplemental Objections and Responses to Defendants Discovery Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Mar 31, 2022 | 182 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ari B. Rafilson - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Mar 30, 2022 | 180 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Timothy E. Grimsrud, Chad M. Drown, Katherine S. Razavi, Lauren J.F. Barta, Christopher J. Burrell, and David J.F. Gross - filed by Boston Scientific Corporation. (Farnan, Michael) |
| Mar 21, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [179] STIPULATION TO EXTEND TIME for he Submission of Expert Reports (Set/Reset Scheduling Order Deadlines: Opening Expert Reports due by 4/1/2022. Rebuttal Expert Reports due by 5/2/2022. Reply Expert Reports due by 6/1/2022). ORDERED by Judge Maryellen Noreika on 3/21/2022. (dlw) |
| Mar 18, 2022 | 179 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME Submission of Expert Reports to April 1, 2022 - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Mar 15, 2022 | 177 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Board of Regents, The University of Texas Systems Objections to Defendants Rule 30(b)(6) Notice of Deposition filed by Board of Regents, The University of Texas System.(Stamoulis, Stamatios) |
| Mar 15, 2022 | 178 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of TissueGens Objections to Defendants Rule 30(b)(6) Notice of Deposition to TissueGen, Inc. filed by TissueGen, Inc..(Stamoulis, Stamatios) |
| Mar 14, 2022 | 176 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Combined Supplemental Objections and Responses to Defendants Discovery Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Mar 10, 2022 | 175 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Amended Objections and Responses to Notice of 30(B)(6) Deposition filed by Boston Scientific Corporation.(Farnan, Brian) |
| Mar 9, 2022 | 174 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Responses to Notice of 30(B)(6) Deposition filed by Boston Scientific Corporation.(Farnan, Brian) |
| Mar 7, 2022 | 172 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Supplemental Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Interrogatories Nos. 14-16, 18, 20, and 21 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Mar 7, 2022 | 173 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Combined Supplemental Objections and Responses to Defendants Discovery Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Mar 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [171] STIPULATION TO EXTEND deadline to complete Party 30(b)(6) depositions to March 16, 2022. ORDERED by Judge Maryellen Noreika on 3/4/2022. (dlw) |
| Mar 3, 2022 | 171 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for deadline to complete Party 30(b)(6) depositions to March 16, 2022 - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Feb 25, 2022 | 170 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Amended Final Invalidity Contentions filed by Boston Scientific Corporation.(Farnan, Brian) |
| Feb 24, 2022 | 169 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Combined Fifth Set of Discovery Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Feb 23, 2022 | 168 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Requests for Admission Nos. 9-10, Interrogatories Nos. 14-21 and Request for Production Nos. 28-50 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Feb 14, 2022 | 166 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Board of Regents, the University of Texas System on 2/22/2022 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Feb 14, 2022 | 167 | Redacted Document (7) Docket Text: REDACTED VERSION of [162] Notice to Take Deposition by Boston Scientific Corporation. (Farnan, Brian) |
| Feb 11, 2022 | 164 | SO ORDERED (2) Docket Text: SO ORDERED re [163] STIPULATION TO EXTEND TIME of certain case deadlines to various dates (Set/Reset Scheduling Order Deadlines: Opening Expert Reports due by 3/25/2022. Rebuttal Expert Reports due by 4/25/2022). SEE STIPULATION FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 2/11/2022. (dlw) |
| Feb 11, 2022 | 165 | Notice to Take Deposition (Main Document) (2) Docket Text: NOTICE to Take Deposition of George M. Smith, Ph.D. on 2/21/2022 filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Feb 11, 2022 | 165 | Notice to Take Deposition (Exhibit A) (4) Docket Text: NOTICE to Take Deposition of George M. Smith, Ph.D. on 2/21/2022 filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Feb 10, 2022 | 163 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME of certain case deadlines to various dates - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Feb 1, 2022 | 160 | Notice to Take Deposition (Main Document) (2) Docket Text: NOTICE to Take Deposition of Delia Dahm on 2/14/2022 filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Feb 1, 2022 | 160 | Notice to Take Deposition (Exhibit A) (4) Docket Text: NOTICE to Take Deposition of Delia Dahm on 2/14/2022 filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Feb 1, 2022 | 161 | Notice to Take Deposition (Main Document) (2) Docket Text: NOTICE to Take Deposition of Lekha Gopalakrishnan on 2/16/2022 filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Feb 1, 2022 | 161 | Notice to Take Deposition (Exhibit A) (4) Docket Text: NOTICE to Take Deposition of Lekha Gopalakrishnan on 2/16/2022 filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Jan 28, 2022 | 157 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Paula Waggoner Taylor on 2/17/2022 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jan 28, 2022 | 158 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dr. Brent Crowe on 2/18/2022 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jan 28, 2022 | 159 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of John Akers on February 10, 2022 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jan 27, 2022 | 156 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Notice of Rule 30(b)(6) Deposition of Boston Scientific Corporation filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jan 26, 2022 | 153 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Supplemental Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Interrogatories No. 10-12 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jan 26, 2022 | 154 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Andres Romero-Sanchez on 2/14/2022 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jan 26, 2022 | 155 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dominic Allocco on February 11, 2022 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jan 25, 2022 | 152 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Ninth Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jan 24, 2022 | 151 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Boston Scientific Corporation's Combined Fifth Set of Discovery Propounded Upon Plaintiffs Board of Regents, The University of Texas System; and Tissuegen, Inc. filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jan 20, 2022 | 150 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Eighth Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jan 19, 2022 | 149 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Final Invalidity Contentions filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jan 10, 2022 | 148 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Samuel E. Joyner as co-counsel. Reason for request: Withdrawal. (Stamoulis, Stamatios) |
| Dec 15, 2021 | 147 | Notice of Service (9) Docket Text: NOTICE OF SERVICE of Plaintiffs' Final Infringemnt Contentions filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Dec 14, 2021 | 146 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Seventh Set of Discovery Requests filed by Boston Scientific Corporation.(Farnan, Brian) |
| Dec 7, 2021 | 145 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dr. Kevin D. Nelson on 1/14/2022 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Dec 6, 2021 | 144 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoenas to Paula Waggoner Taylor, Nadir Alikacem, Delia Dahm, Kevin D. Nelson, Andreas A. Romero-Sanchez, and George M. Smith filed by Boston Scientific Corporation.(Farnan, Brian) |
| Nov 29, 2021 | 143 | Redacted Document (12) Docket Text: REDACTED VERSION of [141] Reply Brief by Boston Scientific Corporation. (Farnan, Brian) |
| Nov 23, 2021 | 142 | Redacted Document (17) Docket Text: REDACTED VERSION of [136] Answering Brief in Opposition, by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Nov 15, 2021 | 140 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Seventh Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Nov 12, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [139] STIPULATION TO EXTEND TIME for Defendant to file its reply brief in support of its Motion to Dismiss to 11/22/2021 filed by Boston Scientific Corporation, Set Briefing Schedule: re [128] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter . (Reply Brief due 11/22/2021). ORDERED by Judge Maryellen Noreika on 11/12/2021. (mdb) |
| Nov 10, 2021 | 139 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Defendant to file its reply brief in support of its Motion to Dismiss to 11/22/2021 - filed by Boston Scientific Corporation. (Farnan, Brian) |
| Nov 9, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 136 has been placed UNDER SEAL at the request of counsel. (dlw) |
| Nov 9, 2021 | 137 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Tom Marron on December 9, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Nov 9, 2021 | 138 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Phillippe Le Tutor on December 7, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Nov 3, 2021 | 135 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Sixth Set of Discovery filed by Boston Scientific Corporation.(Farnan, Brian) |
| Oct 26, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [133] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion To Dismiss (D.I. 128) and Sealed Opening Brief (Set Briefing Schedule: re [128] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - Answering Brief due 11/8/2021). ORDERED by Judge Maryellen Noreika on 10/26/2021. (dlw) |
| Oct 25, 2021 | 133 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants Motion To Dismiss Plaintiff Board Of Regents Under Rules 12(b)(1) and 12(b)(6) (D.I. 128) and sealed Opening Brief In Support Of Its Motion To Dismiss Plaintiff Board Of Regents Under Rules 12(b)(1) and 12(b)(6) (D.I. 129) to November 8, 2021 - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Oct 25, 2021 | 134 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Third Supplemental Objections and Responses to Defendants Combined First Set of Interrogatories filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Oct 22, 2021 | 131 | Redacted Document (15) Docket Text: REDACTED VERSION of [129] Opening Brief in Support, by Boston Scientific Corporation. (Farnan, Brian) |
| Oct 22, 2021 | 132 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [130] Declaration by Boston Scientific Corporation. (Attachments: # (1) Exhibits A-C)(Farnan, Brian) |
| Oct 22, 2021 | 132 | Redacted Document (Exhibits A-C) (6) Docket Text: REDACTED VERSION of [130] Declaration by Boston Scientific Corporation. (Attachments: # (1) Exhibits A-C)(Farnan, Brian) |
| Oct 15, 2021 | 128 | Motion to Dismiss/Lack of Subject Jurisdiction (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Boston Scientific Corporation. (Farnan, Brian) |
| Oct 4, 2021 | 127 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Sixth Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Sep 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [126] STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to Plaintiffs' First Amended Complaint to 10/15/2021 (Set/Reset Answer Deadlines: Boston Scientific Corporation answer due 10/15/2021). ORDERED by Judge Maryellen Noreika on 9/23/2021. (dlw) |
| Sep 22, 2021 | 126 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to Plaintiffs' First Amended Complaint to 10/15/2021 - filed by Boston Scientific Corporation. (Farnan, Brian) |
| Sep 17, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [123] UNOPPOSED MOTION for Leave to File Amended Complaint. ORDERED by Judge Maryellen Noreika on 9/17/2021. (dlw) |
| Sep 17, 2021 | 124 | Amended Complaint (30) Docket Text: FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Boston Scientific Corporation- filed by Board of Regents, The University of Texas System, TissueGen, Inc.(dlw) |
| Sep 17, 2021 | 125 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Combined Fourth Set of Requests for Production of Documents and Things Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Sep 15, 2021 | 123 | Motion for Leave to File (Main Document) (2) Docket Text: UNOPPOSED MOTION for Leave to File Amended Complaint - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A - Proposed Amended Complaint, # (2) Exhibit B - Redline of Amended Complaint)(Stamoulis, Stamatios) Modified on 9/17/2021 (dlw). |
| Sep 15, 2021 | 123 | Motion for Leave to File (Exhibit A - Proposed Amended Complaint) (30) Docket Text: UNOPPOSED MOTION for Leave to File Amended Complaint - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A - Proposed Amended Complaint, # (2) Exhibit B - Redline of Amended Complaint)(Stamoulis, Stamatios) Modified on 9/17/2021 (dlw). |
| Sep 15, 2021 | 123 | Motion for Leave to File (Exhibit B - Redline of Amended Complaint) (30) Docket Text: UNOPPOSED MOTION for Leave to File Amended Complaint - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A - Proposed Amended Complaint, # (2) Exhibit B - Redline of Amended Complaint)(Stamoulis, Stamatios) Modified on 9/17/2021 (dlw). |
| Sep 14, 2021 | 122 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Fifth Set of Discovery Requests filed by Boston Scientific Corporation.(Farnan, Brian) |
| Aug 30, 2021 | 121 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs First Supplemental Objections and Responses to Defendants Combined First Set of Interrogatories filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 25, 2021 | 120 | SO ORDERED (3) Docket Text: SO ORDERED re [119] Stipulation to Amend Protective Order. Signed by Judge Maryellen Noreika on 8/25/2021. (dlw) |
| Aug 24, 2021 | 119 | Stipulation (3) Docket Text: STIPULATION to Amend Protective Order by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Aug 18, 2021 | 117 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Boston Scientific Corporation's Combined Fourth Set of Requests for Production of Documents and Things Propounded Upon Plaintiffs Board of Regents, The University of Texas System; and Tissuegen, Inc. filed by Boston Scientific Corporation.(Farnan, Brian) |
| Aug 18, 2021 | 118 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Jeffrey W. Moses on August 25, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 16, 2021 | 113 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Supplemental Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Interrogatories 2-8 filed by Boston Scientific Corporation.(Farnan, Brian) |
| Aug 16, 2021 | 114 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Fifth Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 16, 2021 | 115 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dan Zaic on August 18, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 16, 2021 | 116 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kim Robertson on August 19, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 10, 2021 | 111 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen, Inc.'s Fourth Set of Discovery filed by Boston Scientific Corporation.(Farnan, Brian) |
| Aug 10, 2021 | 112 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Combined First Set of Interrogatories Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 9, 2021 | 109 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Rodney Schoenleben on August 11, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 9, 2021 | 110 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of James Beaubout on August 10, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 3, 2021 | 108 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Third Set of Discovery filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jul 27, 2021 | 107 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Matthew M. Wolf, Jacob M. Bass, John E. Nilsson, Nicholas M. Nyemah, and Rebecca L. Neubauer of Arnold & Porter Kaye Scholer LLP as co-counsel.. (Farnan, Brian) |
| Jul 26, 2021 | 106 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s Second Set of Discovery Requests filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jul 12, 2021 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Boston Scientific Corporation's Combined First Set of Interrogatories Propounded Upon Plaintiffs Board of Regents, The University of Texas System, and Tissuegen, Inc. filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jul 12, 2021 | 105 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Fourth Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jul 8, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [103] MOTION for Pro Hac Vice Appearance of Attorney William D. Ellerman filed by Board of Regents, The University of Texas System, TissueGen, Inc. ORDERED by Judge Maryellen Noreika on 7/8/2021. (dlw) |
| Jul 8, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney William D. Ellerman for Board of Regents, The University of Texas System, and for TissueGen, Inc. 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. (twk) |
| Jul 7, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Corey M. Lipschutz for Board of Regents, The University of Texas System and for TissueGen, Inc. 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. (twk) |
| Jul 7, 2021 | 102 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Third Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jul 7, 2021 | 103 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William D. Ellerman - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jul 2, 2021 | 101 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Subpoena Directed to Jeffrey W. Moses filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 29, 2021 | 99 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Scott Bluni on July 20, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 29, 2021 | 100 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Second Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 28, 2021 | 98 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Objections and Responses to Board of Regents, The University of Texas System, and Tissuegen. Inc.'s First Set of Discovery Requests filed by Boston Scientific Corporation.(Farnan, Brian) |
| Jun 24, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [97] MOTION for Pro Hac Vice Appearance of Attorney Corey M. Lipschutz filed by Board of Regents, The University of Texas System, TissueGen, Inc. ORDERED by Judge Maryellen Noreika on 6/24/2021. (dlw) |
| Jun 23, 2021 | 97 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Corey M. Lipschutz - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Jun 21, 2021 | 96 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Combined Third First Set of Requests for Production of Documents and Things Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 4, 2021 | 95 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Janel Hurtado on June 23, 2021 filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jun 1, 2021 | 94 | Notice of Service (1) Docket Text: NOTICE OF SERVICE of Plaintiffs First Set of Discovery to Defendant filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| May 24, 2021 | 93 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Boston Scientific Corporation's Combined Third Set of Requests for Production of Documents and Things Propounded Upon Plaintiffs Board of Regents, The University of Texas System, and Tissuegen, Inc. filed by Boston Scientific Corporation.(Farnan, Brian) |
| May 14, 2021 | 92 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Subpoena Directed to JANEL HURTADO filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| May 3, 2021 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Setting Mediation Conference: A Status Telephone Conference is scheduled for January 3, 2022 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. Plaintiffs' counsel shall initiate the call to chambers. ORDERED by Judge Jennifer L. Hall on 5/3/2021. (ceg) |
| Apr 15, 2021 | 90 | Memorandum and Order (6) Docket Text: MEMORANDUM ORDER REGARDING CLAIM CONSTRUCTION. Signed by Judge Maryellen Noreika on 4/15/2021. (dlw) |
| Apr 13, 2021 | 89 | Transcript (67) Docket Text: Official Transcript of Markman Hearing (Remote) held on 3/19/21 before Judge Maryellen Noreika. Court Reporter Dale C. Hawkins,Email: Dale_Hawkins@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 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021. (Triozzi, Heather) |
| Mar 19, 2021 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Markman Hearing held on 3/19/2021. (Court Reporter Dale Hawkins.) (mdb) |
| Mar 18, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - WHEREAS, the public has a right to access all public in-court proceedings; and WHEREAS, pursuant to the Court's 3/18/2020 Standing Order In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (as modified), the 3/19/2021 Markman Hearing will be conducted via teleconference/videoconference; THEREFORE, IT IS HEREBY ORDERED that dial-in information to access this hearing is available by contacting Chambers at 302-573-6470. All participants must dial-in no later than 5 minutes prior to the start of the hearing. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. ORDERED by Judge Maryellen Noreika on 3/18/2021. (dlw) |
| Mar 16, 2021 | 87 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Combined Second Set of Requests for Production of Documents and Things Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Mar 15, 2021 | 85 | Claim Construction Chart (5) Docket Text: AMENDED Joint CLAIM Construction Chart by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) Modified on 3/16/2021 (dlw). |
| Mar 15, 2021 | 86 | Letter (2) Docket Text: Letter to the Honorable Maryellen Noreika from Stamatios Stamoulis regarding Amended Joint Claim Construction Chart - re [84] Oral Order,,,,. (Stamoulis, Stamatios) |
| Mar 10, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the 3/19/2021 Markman Hearing shall be held remotely. The Court is setting aside two hours for the hearing with the time to be split equally between the parties. The parties may use their allotted time for argument and/or witness examination/cross-examination. Counsel shall meet and confer to determine the format for the hearing (i.e. - teleconference or videoconference) and shall email the connection credentials to this Court's judicial administrator. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_Civil@ded.uscourts.gov no later than 24 hours prior to the hearing. ORDERED by Judge Maryellen Noreika on 3/10/2021. (dlw) |
| Mar 10, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [80] Joint Claim Construction Brief - On or before 3/15/2021, local and lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the joint claim construction brief. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Maryellen Noreika on 3/10/2021. (dlw) |
| Mar 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [77] STIPULATION TO EXTEND TIME to submit the Joint Claim Construction Brief, Technology Tutorials (optional), and Joint Letter Submission to March 9, 2021. ORDERED by Judge Maryellen Noreika on 3/9/2021. (dlw) |
| Mar 9, 2021 | 78 | Notice of Filing Multi Media Materials (2) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Boston Scientific Corporation's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of Boston Scientific Corporation (Farnan, Brian) |
| Mar 9, 2021 | 79 | Notice of Filing Multi Media Materials (1) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Plaintiff's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Stamatios Stamoulis on behalf of Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) |
| Mar 9, 2021 | 80 | Joint Claim Construction Brief (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Main Document) (3) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 1-15) (30) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 16-24) (30) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 25-26) (15) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 27-31) (30) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 32-41) (30) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 42-48) (30) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 81 | Appendix (Exhibit 49-55) (30) Docket Text: APPENDIX re [80] Joint Claim Construction Brief by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit 1-15, # (2) Exhibit 16-24, # (3) Exhibit 25-26, # (4) Exhibit 27-31, # (5) Exhibit 32-41, # (6) Exhibit 42-48, # (7) Exhibit 49-55)(Stamoulis, Stamatios) |
| Mar 9, 2021 | 82 | Letter (1) Docket Text: Letter to the Honorable Maryellen Noreika from Stamatios Stamoulis regarding Time Request for Oral Argument at Claim Construction Hearing. (Stamoulis, Stamatios) |
| Mar 8, 2021 | 77 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to submit the Joint Claim Construction Brief, Technology Tutorials (optional), and Joint Letter Submission to March 9, 2021 - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Feb 22, 2021 | 76 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of William G. Pitt Subpoena filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Brian) |
| Feb 22, 2021 | 76 | Notice of Service (Exhibit 1) (6) Docket Text: NOTICE OF SERVICE of William G. Pitt Subpoena filed by Boston Scientific Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Brian) |
| Feb 15, 2021 | 75 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Boston Scientific Corporation's Combined Second Set of Requests for Production of Documents and Things Propounded upon Plaintiffs Board of Regents, The University of Texas System; and Tissuegen, Inc. filed by Boston Scientific Corporation.(Farnan, Brian) |
| Feb 12, 2021 | 74 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action on Kinam Park, Defendant's Claim Construction Expert filed by Board of Regents, The University of Texas System, TissueGen, Inc.(Stamoulis, Stamatios) Modified on 2/16/2021 (dlw). |
| Feb 9, 2021 | 73 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Combined First Set of Requests for Production of Documents and Things Propounded Upon Plaintiffs filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jan 11, 2021 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Boston Scientific Corporation's Combined First Set of Requests for Production of Documents and Things Propounded upon Plaintiffs Board of Regents, The University of Texas System; and Tissuegen, Inc. filed by Boston Scientific Corporation.(Farnan, Brian) |
| Dec 16, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 71 has been deleted from the docket as it was an incomplete filing. D.I. 72 now appears as D.I. 71. (dlw) |
| Dec 15, 2020 | 71 | Claim Construction Chart (7) Docket Text: CLAIM Construction Chart by Board of Regents, The University of Texas System, TissueGen, Inc.. (Weinblatt, Richard) Modified on 12/16/2020 (dlw). |
| Dec 1, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [70] STIPULATION TO EXTEND TIME for certain Claim Construction Deadlines to Various Dates (Set/Reset Scheduling Order Deadlines: Claim Construction Opening Brief served by 12/29/2020. Claim Construction Answering Brief served by 1/29/2021. Claim Construction Reply Brief served by 2/9/2021. Claim Construction Surreply Brief served by 2/26/2021. Joint Claim Construction Brief filed by 3/8/2021). ORDERED by Judge Maryellen Noreika on 12/1/2020. (dlw) |
| Nov 30, 2020 | 70 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME certain Claim Construction Deadlines to Various Dates - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Nov 19, 2020 | 69 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Preliminary List of Claim Terms and Proposed Constructions filed by Boston Scientific Corporation.(Farnan, Brian) |
| Nov 18, 2020 | 68 | Notice (Other) (2) Docket Text: NOTICE of Discovery Disclosures by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) |
| Oct 19, 2020 | 66 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Boston Scientific Corporation: Entry of appearance of attorney Michael J. Farnan. Attorney Young Conaway Stargatt & Taylor LLP terminated. (Farnan, Michael) |
| Oct 19, 2020 | 67 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Brian E. Farnan on behalf of Boston Scientific Corporation (Farnan, Brian) |
| Sep 25, 2020 | 65 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific Corporation's Initial Invalidity Contentions filed by Boston Scientific Corporation.(Pascale, Karen) |
| Sep 16, 2020 | 64 | SO ORDERED (1) Docket Text: SO ORDERED re [63] Stipulation to Amend Protective Order. Signed by Judge Maryellen Noreika on 9/16/2020. (dlw) |
| Sep 15, 2020 | 63 | Stipulation (1) Docket Text: Joint STIPULATION to Amend Protective Order re [54] Protective Order by Boston Scientific Corporation. (Pascale, Karen) |
| Aug 31, 2020 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Setting Mediation Conference: A Status Telephone Conference is scheduled for May 3, 2021 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. Plaintiffs' counsel shall initiate the call to chambers. ORDERED by Judge Jennifer L. Hall on 8/31/2020. (ceg) |
| Aug 25, 2020 | 61 | Notice of Service (9) Docket Text: NOTICE OF SERVICE of Initial Claim Chart Under Paragraph 7(c) of the Scheduling Order filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Aug 19, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Melissa A. Anyetei, James R. Ferguson, Michael J. Word, Elliot Choi for Boston Scientific Corporation 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. (kmd) |
| Aug 18, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [60] MOTION for Pro Hac Vice Appearance of Attorney Melissa A. Anyetei, Attorney James R. Ferguson, Attorney Michael J. Word and Attorney Elliot Choi filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 8/18/2020. (dlw) |
| Aug 18, 2020 | 60 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Melissa A. Anyetei, Attorney James R. Ferguson, Attorney Michael J. Word and Attorney Elliot Choi - filed by Boston Scientific Corporation. (Pascale, Karen) |
| Aug 11, 2020 | 59 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant's core technical documents pursuant to Paragraph 4(b) of the D. Del. Default Standard and Paragraph 7(b) of Scheduling Order (D.I. 47) filed by Boston Scientific Corporation.(Pascale, Karen) |
| Aug 10, 2020 | 57 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Boston Scientific's Rule 26(a)(1) Initial Disclosures, and 2) Boston Scientific's Initial ESI Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery filed by Boston Scientific Corporation.(Pascale, Karen) |
| Aug 10, 2020 | 58 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1), the Courts Scheduling Order (Dkt. 47), and Paragraph 3 of the District of Delawares Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI) filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jul 27, 2020 | 56 | SO ORDERED (1) Docket Text: SO ORDERED re [55] Stipulation of Dismissal Without Prejudice of '603 Patent Infringement Claims. Signed by Judge Maryellen Noreika on 7/27/2020. (dlw) |
| Jul 24, 2020 | 55 | Stipulation of Dismissal (3) Docket Text: STIPULATION of Dismissal Without Prejudice of '603 Patent Infringement Claims by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) Modified on 7/27/2020 (dlw). |
| Jul 23, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Edmond Ahadome for Boston Scientific Corporation 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. (kmd) |
| Jul 23, 2020 | 54 | Protective Order (15) Docket Text: AGREED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 7/23/2020. (dlw) |
| Jul 21, 2020 | 53 | Proposed Order (15) Docket Text: PROPOSED ORDER // Agreed Protective Order by Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) Modified on 7/22/2020 (dlw). (Main Document 53 replaced on 7/23/2020) (dlw). |
| Jul 13, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Nicholas M. Nyemah for Boston Scientific Corporation 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. (mal) |
| Jul 10, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [52] MOTION for Pro Hac Vice Appearance of Attorney Nicholas M. Nyemah and Attorney Edmond Ahadome filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 7/10/2020. (dlw) |
| Jul 10, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Jacob M. Bass for Boston Scientific Corporation 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. (kmd) |
| Jul 10, 2020 | 52 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Nicholas M. Nyemah and Attorney Edmond Ahadome - filed by Boston Scientific Corporation. (Pascale, Karen) |
| Jul 9, 2020 | 51 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs disclosures and production pursuant to Paragraph 7(a) of the Scheduling Order (Dkt. 47) filed by Board of Regents, The University of Texas System, TissueGen, Inc..(Stamoulis, Stamatios) |
| Jul 7, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [50] Joint STIPULATION TO EXTEND TIME for service of Initial Disclosures pursuant to Rule 26(a)(1) and Paragraph 3 of the D. Del. Default Standard to August 10, 2020. ORDERED by Judge Maryellen Noreika on 7/7/2020. (dlw) |
| Jul 7, 2020 | 50 | Stipulation to EXTEND Time (1) Docket Text: Joint STIPULATION TO EXTEND TIME for service of Initial Disclosures pursuant to Rule 26(a)(1) and Paragraph 3 of the D. Del. Default Standard to August 10, 2020 - filed by Boston Scientific Corporation. (Pascale, Karen) |
| Jul 6, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [48] MOTION for Pro Hac Vice Appearance of Attorney Jacob Michael Bass filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 7/6/2020. (dlw) |
| Jul 6, 2020 | 49 | Order Setting Mediation Conferences (3) Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is scheduled for Monday, August 31, 2020 at 11:30 AM Eastern Time before Judge Jennifer L. Hall to discuss ADR. Plaintiffs' counsel shall initiate the call to chambers. (*See Order for details). Signed by Judge Jennifer L. Hall on 7/6/2020. (ceg) |
| Jul 2, 2020 | 48 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jacob Michael Bass - filed by Boston Scientific Corporation. (Pascale, Karen) |
| Jun 29, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Jennifer L. Hall for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Jun 29, 2020 | 47 | Scheduling Order (14) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 9/15/2021. Amended Pleadings due by 9/15/2021. Fact Discovery completed by 2/22/2022. Opening Expert Reports due by 3/15/2022. Rebuttal Expert Reports due by 4/15/2022. Reply Expert Reports due 5/15/2022. Dispositive Motions due by 6/14/2022. Answering Brief due 6/28/2022. Reply Brief due 7/8/2022. Claim Construction Opening Brief served by 12/15/2020. Claim Construction Answering Brief served by 1/15/2021. Claim Construction Reply Brief served by 1/29/2021. Claim Construction Surreply Brief served by 2/15/2021. Joint Claim Construction Brief filed by 3/1/2021. A Markman Hearing is set for 3/19/2021 at 10:00 AM before Judge Maryellen Noreika. A Pretrial Conference is set for 11/7/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 11/14/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 6/29/2020. (dlw) |
| Jun 26, 2020 | 46 | Proposed Order (Main Document) (14) Docket Text: PROPOSED ORDER - [Revised Proposed] Scheduling Order - re Scheduling Conference, by Boston Scientific Corporation. (Attachments: # (1) Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding Revised Proposed Scheduling Order)(Pascale, Karen) |
| Jun 26, 2020 | 46 | Proposed Order (Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding Revis) (1) Docket Text: PROPOSED ORDER - [Revised Proposed] Scheduling Order - re Scheduling Conference, by Boston Scientific Corporation. (Attachments: # (1) Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding Revised Proposed Scheduling Order)(Pascale, Karen) |
| Jun 19, 2020 | 45 | Transcript (8) Docket Text: Official Transcript of Teleconference held on 6/11/20 before Judge Maryellen Noreika. Court Reporter Dale C. Hawkins,Email: Dale_Hawkins@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 7/10/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/17/2020. (Triozzi, Heather) |
| Jun 11, 2020 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Telephonic Scheduling Conference held on 6/11/2020. The parties' proposed schedule ([43]) is REJECTED; the parties shall confer and resubmit a new proposed schedule that is typically entered in these cases. The parties may request early summary judgment briefing at the claim construction after the Court issues its ruling on the claim terms. (Court Reporter Dale Hawkins.) (mdb) |
| Jun 8, 2020 | N/A | Order Setting Scheduling Conference (0) Docket Text: Oral Order Setting Telephonic Scheduling Conference: IT IS HEREBY ORDERED that a Telephonic Scheduling Conference is set for 6/11/2020 at 01:00 PM before Judge Maryellen Noreika. Counsel shall provide a dial-in for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 6/8/2020. (dlw) |
| Jun 5, 2020 | 43 | Proposed Order (Main Document) (15) Docket Text: PROPOSED ORDER - [Proposed] Scheduling Order - re [38] Oral Order,,, Order Lifting Stay,, by Boston Scientific Corporation. (Attachments: # (1) Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding Proposed Scheduling Order)(Pascale, Karen) |
| Jun 5, 2020 | 43 | Proposed Order (Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding Propo) (1) Docket Text: PROPOSED ORDER - [Proposed] Scheduling Order - re [38] Oral Order,,, Order Lifting Stay,, by Boston Scientific Corporation. (Attachments: # (1) Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding Proposed Scheduling Order)(Pascale, Karen) |
| May 29, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [42] Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to June 5, 2020. ORDERED by Judge Maryellen Noreika on 5/29/2020. (dlw) |
| May 29, 2020 | 42 | Stipulation to EXTEND Time (1) Docket Text: Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to June 5, 2020 - filed by Boston Scientific Corporation. (Pascale, Karen) |
| May 14, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Chijioke E. Offor for Board of Regents, The University of Texas System and TissueGen, Inc. 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. (kmd) |
| May 13, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Rebecca L. Neubauer, John E. Nilsson and Matthew M. Wolf for Boston Scientific Corporation 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. (mal) |
| May 12, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [41] MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney John E. Nilsson and Attorney Rebecca L. Neubauer filed by Boston Scientific Corporation. ORDERED by Judge Maryellen Noreika on 5/12/2020. (dlw) |
| May 11, 2020 | 40 | Answer to Complaint (9) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Boston Scientific Corporation.(Pascale, Karen) |
| May 11, 2020 | 41 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney John E. Nilsson and Attorney Rebecca L. Neubauer - filed by Boston Scientific Corporation. (Pascale, Karen) |
| May 7, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Samuel E Joyner for Board of Regents, The University of Texas System and TissueGen, Inc. 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. (mal) |
| May 5, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [39] MOTION for Pro Hac Vice Appearance of Attorney Samuel E. Joyner filed by Board of Regents, The University of Texas System, TissueGen, Inc. ORDERED by Judge Maryellen Noreika on 5/5/2020. (dlw) |
| May 4, 2020 | 39 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Samuel E. Joyner - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Apr 30, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the Stay is LIFTED. IT IS FURTHER ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 4/30/2020. (dlw) |
| Apr 29, 2020 | 37 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Stamatios Stamoulis regarding status report - re [35] Oral Order. (Stamoulis, Stamatios) |
| Mar 26, 2020 | 36 | Status Report (1) Docket Text: Joint STATUS REPORT by Board of Regents, The University of Texas System. (Stamoulis, Stamatios) |
| Mar 12, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that on or before 3/26/2020 the parties shall filed a joint status letter. ORDERED by Judge Maryellen Noreika on 3/12/2020. (dlw) |
| Jan 24, 2019 | 34 | Notice of Change of Address (2) Docket Text: NOTICE of Change of Address by Stamatios Stamoulis (Stamoulis, Stamatios) |
| Sep 20, 2018 | N/A | Case Reassigned to MN (0) Docket Text: Case reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (jcs) |
| Apr 4, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED - re [31] MOTION for Pro Hac Vice Appearance of Attorney Michael W. Shore, Alfonso G. Chan, and Chijioke E. Offor filed by Board of Regents, The University of Texas System, TissueGen, Inc.. Ordered by Judge Gregory M. Sleet on 4/4/2018. (mdb) |
| Apr 4, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED - re [32] Statement and Request to Stay Case Pending Appeal in Federal Circuit. Case stayed. Ordered by Judge Gregory M. Sleet on 4/4/2018. (mdb) |
| Apr 3, 2018 | 32 | Statement (2) Docket Text: Joint STATEMENT Pursuant to Local Rule 81.2 by Boston Scientific Corporation. (Pascale, Karen) Modified on 4/4/2018 (mdb). |
| Apr 3, 2018 | 33 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Karen L. Pascale on behalf of Boston Scientific Corporation (Pascale, Karen) |
| Apr 2, 2018 | 31 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael W. Shore, Alfonso G. Chan, and Chijioke E. Offor - filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Stamoulis, Stamatios) |
| Mar 28, 2018 | 30 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Stamatios Stamoulis on behalf of Board of Regents, The University of Texas System, TissueGen, Inc. (Stamoulis, Stamatios) |
| Mar 14, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb) |
| Mar 13, 2018 | 28 | Case Transferred In - District Transfer (Main Document Public Docket Sheet) (5) Docket Text: Record of case transferred in from District of Texas Western; Case Number in Other District: 1:17-cv-01103. Copy of Docket Sheet and original file |
| Mar 13, 2018 | 29 | Letter (1) Docket Text: Local Counsel Letter sent. Notice of Compliance deadline set for 4/16/2018. (fms) (Main Document 29 replaced on 3/13/2018) (fms). |
| Mar 12, 2018 | 26 | Order on Motion for Limited Admission (1) Docket Text: ORDER GRANTING [24] Motion for Hannah DeMarco Sibiski to Appear Pro Hac Vice on behalf of Boston Scientific Corp. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Mar 12, 2018 | 27 | Order on Motion to Dismiss (4) Docket Text: ORDER GRANTING to an EXTENT Defendant's [11] Motion to Dismiss Plaintiff's Complaint. IT IS ORDERED that this action is TRANSFERRED to the United States District Court of Delaware. Signed by Judge Lee Yeakel. (klw)[Transferred from Texas Western on 3/13/2018.] |
| Mar 9, 2018 | 25 | Disclosure Statement (2) Docket Text: RULE 7 DISCLOSURE STATEMENT filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Offor, Chijioke) [Transferred from Texas Western on 3/13/2018.] |
| Mar 8, 2018 | 24 | Motion for Leave to Appear Pro Hac Vice (Main Document) (4) Docket Text: MOTION to Appear Pro Hac Vice by Christopher M. Odell for Hannah DeMarco Sibiski ( Filing fee $ 100 receipt number 0542-10544371) by on behalf of Boston Scientific Corporation. (Attachments: # (1) Proposed Order)(Odell, Christopher)[Transferred from Texas Western on 3/13/2018.] |
| Mar 8, 2018 | 24 | Motion for Leave to Appear Pro Hac Vice (Proposed Order) (1) Docket Text: MOTION to Appear Pro Hac Vice by Christopher M. Odell for Hannah DeMarco Sibiski ( Filing fee $ 100 receipt number 0542-10544371) by on behalf of Boston Scientific Corporation. (Attachments: # (1) Proposed Order)(Odell, Christopher)[Transferred from Texas Western on 3/13/2018.] |
| Feb 28, 2018 | 21 | Order on Motion for Limited Admission (1) Docket Text: ORDER GRANTING [19] Motion for Paul Beeler to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Feb 28, 2018 | 22 | Order on Motion for Limited Admission (1) Docket Text: ORDER GRANTING [20] Motion for Ari Rafilson to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Feb 28, 2018 | 23 | Order on Motion for Limited Admission (1) Docket Text: ORDER GRANTING [17] Motion for Christopher Evans to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 17 | Motion for Leave to Appear Pro Hac Vice (Main Document) (4) Docket Text: MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan For Christopher L. Evans ( Filing fee $ 100 receipt number 0542-10499964) by on behalf of Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 17 | Motion for Leave to Appear Pro Hac Vice (Proposed Order Pro Hac Vice) (1) Docket Text: MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan For Christopher L. Evans ( Filing fee $ 100 receipt number 0542-10499964) by on behalf of Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 18 | Motion for Leave to Appear Pro Hac Vice (Main Document) (4) Docket Text: (Counsel advised wrong name is on the motion - [20] Corrected motion filed.) MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan for Paul T. Beeler ( Filing fee $ 100 receipt number 0542-10499979) by on behalf of Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) Modified on 2/27/2018 (klw). [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 18 | Motion for Leave to Appear Pro Hac Vice (Proposed Order Pro Hac Vice) (1) Docket Text: (Counsel advised wrong name is on the motion - [20] Corrected motion filed.) MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan for Paul T. Beeler ( Filing fee $ 100 receipt number 0542-10499979) by on behalf of Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) Modified on 2/27/2018 (klw). [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 19 | Motion for Leave to Appear Pro Hac Vice (Main Document) (4) Docket Text: MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan for Paul T. Beeler ( Filing fee $ 100 receipt number 0542-10499988) by on behalf of Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 19 | Motion for Leave to Appear Pro Hac Vice (Proposed Order Pro Hac Vice) (1) Docket Text: MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan for Paul T. Beeler ( Filing fee $ 100 receipt number 0542-10499988) by on behalf of Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 20 | Motion for Leave to Appear Pro Hac Vice (Main Document) (4) Docket Text: CORRECTED MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan for Ari B. Rafilson ( Filing fee $ 100 receipt number 0542-10499979 paid w/ original [18] Motion to Appear Pro Hac Vice) by Board of Regents, The University of Texas System, TissueGen, Inc. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) Modified on 2/27/2018 to clarify text (klw). [Transferred from Texas Western on 3/13/2018.] |
| Feb 26, 2018 | 20 | Motion for Leave to Appear Pro Hac Vice (Proposed Order Pro Hac Vice) (1) Docket Text: CORRECTED MOTION to Appear Pro Hac Vice by Alfonso Garcia Chan for Ari B. Rafilson ( Filing fee $ 100 receipt number 0542-10499979 paid w/ original [18] Motion to Appear Pro Hac Vice) by Board of Regents, The University of Texas System, TissueGen, Inc. (Attachments: # (1) Proposed Order Pro Hac Vice)(Chan, Alfonso) Modified on 2/27/2018 to clarify text (klw). [Transferred from Texas Western on 3/13/2018.] |
| Feb 22, 2018 | 16 | Reply to Response to Motion (13) Docket Text: REPLY to Response to Motion, filed by Boston Scientific Corporation, re [11] MOTION to Dismiss Under Fed. R. Civ. P. 12(B)(3) filed by Defendant Boston Scientific Corporation (Odell, Christopher)[Transferred from Texas Western on 3/13/2018.] |
| Feb 16, 2018 | 15 | Letter (3) Docket Text: Letters to Christopher Evans, Ari Rafilson and Paul Beeler re: non-admitted status. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Feb 15, 2018 | 14 | Memorandum in Opposition (16) Docket Text: Response in Opposition to Motion, filed by Board of Regents, The University of Texas System, TissueGen, Inc., re [11] MOTION to Dismiss Under Fed. R. Civ. P. 12(B)(3) filed by Defendant Boston Scientific Corporation (Shore, Michael) [Transferred from Texas Western on 3/13/2018.] |
| Feb 12, 2018 | 13 | Order (1) Docket Text: ORDER resetting Initial Pretrial Conference for 3/13/2018 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Feb 7, 2018 | 12 | Order (1) Docket Text: ORDER setting Initial Pretrial Conference for 2/14/2018 09:30 AM before Judge Lee Yeakel and Staying Action. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 3/13/2018.] |
| Feb 1, 2018 | 11 | Motion to Dismiss (Main Document) (8) Docket Text: MOTION to Dismiss Under Fed. R. Civ. P. 12(B)(3) by Boston Scientific Corporation. (Attachments: # (1) Proposed Order, # (2) Declaration of Paul Donhauser)(Odell, Christopher) [Transferred from Texas Western on 3/13/2018.] |
| Feb 1, 2018 | 11 | Motion to Dismiss (Proposed Order) (1) Docket Text: MOTION to Dismiss Under Fed. R. Civ. P. 12(B)(3) by Boston Scientific Corporation. (Attachments: # (1) Proposed Order, # (2) Declaration of Paul Donhauser)(Odell, Christopher) [Transferred from Texas Western on 3/13/2018.] |
| Feb 1, 2018 | 11 | Motion to Dismiss (Declaration of Paul Donhauser) (2) Docket Text: MOTION to Dismiss Under Fed. R. Civ. P. 12(B)(3) by Boston Scientific Corporation. (Attachments: # (1) Proposed Order, # (2) Declaration of Paul Donhauser)(Odell, Christopher) [Transferred from Texas Western on 3/13/2018.] |
| Jan 5, 2018 | N/A | Set/Reset Answer Deadline(s) (0) Docket Text: Reset Deadlines: Boston Scientific Corporation answer due 1/2/2018. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Jan 5, 2018 | N/A | CORRECTING ENTRY: (0) Docket Text: Notice of Correction: re [10] Summons Returned Executed. Docket text and answer deadline corrected. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Jan 5, 2018 | 10 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed by Board of Regents, The University of Texas System, TissueGen, Inc. Boston Scientific Corporation served on 12/11/2017, answer due 1/2/2018. (Chan, Alfonso) Modified on 1/5/2018 to correct text and answer deadline (klw).[Transferred from Texas Western on 3/13/2018.] |
| Dec 28, 2017 | 9 | Order on Motion for Limited Admission (1) Docket Text: ORDER GRANTING [8] Motion for John Nilsson to Appear Pro Hac Vice on behalf of Defendant. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Dec 27, 2017 | 8 | Motion for Leave to Appear Pro Hac Vice (Main Document) (4) Docket Text: MOTION to Appear Pro Hac Vice by Christopher M. Odell for John E. Nilsson ( Filing fee $ 100 receipt number 0542-10306586) by on behalf of Boston Scientific Corporation. (Attachments: # (1) Proposed Order)(Odell, Christopher)[Transferred from Texas Western on 3/13/2018.] |
| Dec 27, 2017 | 8 | Motion for Leave to Appear Pro Hac Vice (Proposed Order) (1) Docket Text: MOTION to Appear Pro Hac Vice by Christopher M. Odell for John E. Nilsson ( Filing fee $ 100 receipt number 0542-10306586) by on behalf of Boston Scientific Corporation. (Attachments: # (1) Proposed Order)(Odell, Christopher)[Transferred from Texas Western on 3/13/2018.] |
| Dec 26, 2017 | 7 | Order on Motion for Extension of Time to Answer (1) Docket Text: ORDER GRANTING [6] Motion for Extension of Time to Answer re [1] Complaint. Boston Scientific Corporation answer due 2/1/2018. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Dec 21, 2017 | 5 | Notice of Appearance (3) Docket Text: NOTICE of Attorney Appearance by Christopher M. Odell on behalf of Boston Scientific Corporation. Attorney Christopher M. Odell added to party Boston Scientific Corporation(pty:dft) (Odell, Christopher) [Transferred from Texas Western on 3/13/2018.] |
| Dec 21, 2017 | 6 | Motion for Extension of Time to File Answer (Main Document) (3) Docket Text: Unopposed MOTION for Extension of Time to File Answer re [1] Complaint, by Boston Scientific Corporation. (Attachments: # (1) Proposed Order)(Odell, Christopher) [Transferred from Texas Western on 3/13/2018.] |
| Dec 21, 2017 | 6 | Motion for Extension of Time to File Answer (Proposed Order) (1) Docket Text: Unopposed MOTION for Extension of Time to File Answer re [1] Complaint, by Boston Scientific Corporation. (Attachments: # (1) Proposed Order)(Odell, Christopher) [Transferred from Texas Western on 3/13/2018.] |
| Dec 11, 2017 | N/A | Summons Issued (0) Docket Text: Summons Issued as to Boston Scientific Corporation. (klw) [Transferred from Texas Western on 3/13/2018.] |
| Dec 8, 2017 | N/A | Praecipe (0) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS by Board of Regents, The University of Texas System, TissueGen, Inc.. for Boston Scientific Corp. (Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Nov 21, 2017 | 2 | Patent/Trademark Report to Commissioner (2) Docket Text: Report on Patent/Trademark sent to U.S. Patent and Trademark Office with copy of Complaint. (afd) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | N/A | Case Assigned/Reassigned (0) Docket Text: Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)[Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | N/A | Jury Demand (0) Docket Text: DEMAND for Trial by Jury by Board of Regents, The University of Texas System, TissueGen, Inc.. (afd) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | 1 | Complaint (Main Document) (20) Docket Text: COMPLAINT Plaintiffs' Original Complaint for Patent Infringement ( Filing fee $ 400 receipt number 0542-10198934). No Summons requested at this time, filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | 1 | Complaint (Exhibit A) (29) Docket Text: COMPLAINT Plaintiffs' Original Complaint for Patent Infringement ( Filing fee $ 400 receipt number 0542-10198934). No Summons requested at this time, filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | 1 | Complaint (Exhibit B) (8) Docket Text: COMPLAINT Plaintiffs' Original Complaint for Patent Infringement ( Filing fee $ 400 receipt number 0542-10198934). No Summons requested at this time, filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | 1 | Complaint (Exhibit C) (30) Docket Text: COMPLAINT Plaintiffs' Original Complaint for Patent Infringement ( Filing fee $ 400 receipt number 0542-10198934). No Summons requested at this time, filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | 1 | Complaint (Exhibit D) (5) Docket Text: COMPLAINT Plaintiffs' Original Complaint for Patent Infringement ( Filing fee $ 400 receipt number 0542-10198934). No Summons requested at this time, filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
| Nov 20, 2017 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT Plaintiffs' Original Complaint for Patent Infringement ( Filing fee $ 400 receipt number 0542-10198934). No Summons requested at this time, filed by Board of Regents, The University of Texas System, TissueGen, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Chan, Alfonso) [Transferred from Texas Western on 3/13/2018.] |
