Case number 1:18-cv-00644
Boston Scientific Corp. et al v. Nevro Corp. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 8, 2022 | N/A | Terminated Case (0) Docket Text: CASE CLOSED per the closing of Lead Case No. 16-1163-CFC. (nmf) |
| Mar 31, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). Associated Cases: 1:16-cv-01163-CFC-CJB, 1:18-cv-00644-CFC-CJB(Taylor, Daniel) |
| Dec 16, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court will hear oral argument on the pending motion to dismiss (D.I. [81]) on January 6, 2021 immediately after the Markman hearing. Any slide presentations for the Markman hearing and motion to dismiss argument must be emailed to the Court no later than noon on January 4, 2021. Ordered by Judge Colm F. Connolly on 12/16/2020. (nmf) |
| Dec 16, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Markman Hearing and Oral Argument on 1/6/2021 will be held by telephone. Counsel for Plaintiffs shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 12/16/2020. (nmf) |
| Jun 26, 2020 | 165 | Transcript (40) Docket Text: Official Transcript of Telephone Conference held on June 22, 2020 before Magistrate Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/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 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (bpg) |
| Jun 23, 2020 | 164 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [159] Letter by Nevro Corp.. (Attachments: # (1) Exhibit A)(Smith, Rodger) |
| Jun 23, 2020 | 164 | Redacted Document (Exhibit A) (6) Docket Text: REDACTED VERSION of [159] Letter by Nevro Corp.. (Attachments: # (1) Exhibit A)(Smith, Rodger) |
| Jun 22, 2020 | N/A | Remark (0) Docket Text: Remark: The telephonic oral argument being held today is a public hearing. The hearing information is: Dial In Number 1-800-901-0296 Alternate Dial-In Number 1-719-234-0258 Participant Passcode 302 571 5001 Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC-CJB(nmf) |
| Jun 22, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 6/22/2020. The Court heard argument regarding the parties' discovery disputes, (D.I. [151]). The Court took the disputes under advisement and will issue orders. (Court Reporter Brian Gaffigan. Clerk: M. Crawford) Appearances: K. Pascale, D. Hayes, M. Wolf, M. Cohn for Plaintiffs; R. Smith, J. Badke, S. Lee, C. Fukuda, N. Greenblatt for Defendant. (mlc) |
| Jun 22, 2020 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephonic Oral Argument held on 6/22/2020. (Court Reporter V. Gunning.) Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC-CJB(nmf) |
| Jun 22, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: For the reasons stated during the telephonic oral argument this afternoon, the Motions to Consolidate (D.I. 259 in Civil Action No. 16-1163, D.I. 52 in Civil Action No. 18-644) are granted. The Motion to Lift Stay (D.I. 259 in Civil Action No. 16-1163) is granted. The Motion to Stay Pending Completion of Inter Partes Review (D.I. 42 in Civil Action No. 18-644) is granted in part and denied in part. The Motion to Stay Boston Scientific's Trade Secrets Claim Pending Arbitration (D.I. 105 in Civil Action No. 18-644) is denied. Ordered by Judge Colm F. Connolly on 6/22/2020. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC-CJB(nmf) |
| Jun 22, 2020 | N/A | Create Case Association (0) Docket Text: Case associated with lead case: Create association to 1:16-cv-01163-CFC. ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 16-1163-CFC. (nmf) |
| Jun 22, 2020 | 163 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale regarding Judge Connolly's ruling on Nevro's Motion to Stay - re [105] MOTION to Stay BSC's Trade Secret Claim Pending Arbitration. (Pascale, Karen) |
| Jun 16, 2020 | 158 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [157] Letter by Nevro Corp.. (Attachments: # (1) Exhibits A-C)(Smith, Rodger) |
| Jun 16, 2020 | 158 | Redacted Document (Exhibits A-C) (1) Docket Text: REDACTED VERSION of [157] Letter by Nevro Corp.. (Attachments: # (1) Exhibits A-C)(Smith, Rodger) |
| Jun 16, 2020 | 160 | Redacted Document (27) Docket Text: REDACTED VERSION of [156] Exhibit to a Document, - Exhibit A - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Jun 16, 2020 | 161 | Letter (7) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale regarding BSC's Response to Nevro's June 9, 2020 Motion on Trade Secret Discovery - re [157] Letter. (Pascale, Karen) |
| Jun 12, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed Nevro Corp.'s objections to the Magistrate Judge's May 7, 2020 oral order regarding a discovery dispute (D.I. [135]). "Pursuant to 28 U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a), non-dispositive pre-trial rulings made by magistrate judges on referred matters should only be set aside if clearly erroneous or contrary to law." Masimo Corp. v. Philips Electronics North America Corporation, 2010 WL 2836379, at *1 (D. Del. July 15, 2010). "A finding is clearly erroneous if the determination "(1) is completely devoid of minimum evidentiary support displaying some hue of credibility, or (2) bears no rational relationship to the supportive evidentiary data..." Id. (quoting Haines v. Liggett Group Inc., 975 F.2d 81, 92 (3d Cir.1992)). Applying this standard to the Magistrate Judge's ruling, the Court finds no error in his decision. Accordingly, Nevro's objections (D.I. [135]) are OVERRULED. Ordered by Judge Colm F. Connolly on 6/12/2020. (fms) |
| Jun 11, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A teleconference will be held in 18-644 and 16-1163 on Jun 22, 2020 at 2:00, at which time the Court shall address: the MOTION to Stay the Action Pending Completion of Inter Partes Review in 18-644 (D.I. 42), the MOTION to Consolidate Cases, Bifurcate, and Partially Lift Stay in 18-644 (D.I. 52); the MOTION to Stay BSC's Trade Secret Claim Pending Arbitration in 18-644 (D.I. 105); the MOTION to Lift Stay Or, in the Alternative, to Bifurcate and Partially Lift Stay in 16-1163 (D.I. 259), and the MOTION to Consolidate Cases, Bifurcate, and Partially Lift Stay in 16-1163 (D.I. 270). Each side shall have ten minutes to make argument. ORDER: Setting Hearings: A Telephonic Oral Argument is set for 6/22/2020 at 02:00 PM before Judge Colm F. Connolly. Counsel for Boston Scientific shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 6/11/2020. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC-CJB(nmf) |
| Jun 9, 2020 | 154 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Matthew Alan Pearson on behalf of All Plaintiffs (Pearson, Matthew) |
| Jun 9, 2020 | 155 | Letter (Main Document) (6) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale regarding Plaintiffs' Motion for Relief Due to Nevro's Refusal to Comply with This Court's May 7, 2020 Order - re [146] Order Setting Teleconference,,,,,. (Attachments: # (1) Exhibit B-D)(Pascale, Karen) |
| Jun 9, 2020 | 155 | Letter (Exhibit B-D) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale regarding Plaintiffs' Motion for Relief Due to Nevro's Refusal to Comply with This Court's May 7, 2020 Order - re [146] Order Setting Teleconference,,,,,. (Attachments: # (1) Exhibit B-D)(Pascale, Karen) |
| Jun 8, 2020 | 152 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of 1) BSC's Amended Rule 26(a)(1) Initial Disclosures, and 2) BSC's Amended Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Jun 8, 2020 | 153 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Supplemental Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s First Set of Interrogatories (Nos. 2, 3, 5, and 6) filed by Nevro Corp..(Smith, Rodger) |
| Jun 5, 2020 | 151 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Disputes re [146] Order Setting Teleconference,,,,, - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. Motions referred to Christopher J. Burke.(Pascale, Karen) |
| Jun 4, 2020 | 149 | Statement (7) Docket Text: STATEMENT re (298 in 1:16-cv-01163-CFC, 148 in 1:18-cv-00644-CFC-CJB) Statement - Plaintiffs' Reply to Defendant's Response to Notice of Subsequent Events Regarding Their Motion to Consolidate, Bifurcate, and Partially Lift Stay - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Jun 4, 2020 | 150 | Response to Objections (Main Document) (20) Docket Text: RESPONSE TO OBJECTIONS by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. re [135] Objections . (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Jun 4, 2020 | 150 | Response to Objections (Certificate of Compliance) (2) Docket Text: RESPONSE TO OBJECTIONS by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. re [135] Objections . (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Jun 3, 2020 | 148 | Statement (8) Docket Text: STATEMENT -- Nevro Corp.'s Response to Plaintiffs' Notice of Subsequent Events [D.I. 297] -- by Nevro Corp.. (Smith, Rodger) |
| Jun 2, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' June 1, 2020 letter requesting a discovery teleconference regarding 4 discovery disputes. (D.I. 143) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for June 22, 2020 at 1:00 PM before Judge Christopher J. Burke.; (2) By no later than June 9, 2020, any party seeking relief shall file a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than June 16, 2020, any party opposing the application for relief may file a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than June 19, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 6/2/2020. (dlb) |
| Jun 2, 2020 | 147 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of BSC's Supplemental Disclosure of Trade Secrets Nos. 2, 10, 47 and 56 filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Jun 1, 2020 | 141 | Notice (Other) (Main Document) (6) Docket Text: NOTICE of Federal Circuit Decisions in IPR Appeals by Nevro Corp. re (42 in 1:18-cv-00644-CFC-CJB) MOTION to Stay the Action Pending Completion of Inter Partes Review, (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Smith, Rodger) |
| Jun 1, 2020 | 141 | Notice (Other) (Exhibit A) (10) Docket Text: NOTICE of Federal Circuit Decisions in IPR Appeals by Nevro Corp. re (42 in 1:18-cv-00644-CFC-CJB) MOTION to Stay the Action Pending Completion of Inter Partes Review, (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Smith, Rodger) |
| Jun 1, 2020 | 141 | Notice (Other) (Exhibit B) (21) Docket Text: NOTICE of Federal Circuit Decisions in IPR Appeals by Nevro Corp. re (42 in 1:18-cv-00644-CFC-CJB) MOTION to Stay the Action Pending Completion of Inter Partes Review, (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Smith, Rodger) |
| Jun 1, 2020 | 142 | Notice (Other) (8) Docket Text: NOTICE of Subsequent Events Regarding Plaintiffs' Motion to Consolidate, Bifurcate, and Partially Lift Stay by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. re (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay (Pascale, Karen) |
| Jun 1, 2020 | 143 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale regarding the parties' request for the scheduling of a discovery teleconference. (Pascale, Karen) |
| Jun 1, 2020 | 144 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions and Document Production Accompanying Invalidity Contentions, filed by Nevro Corp..(Smith, Rodger) |
| Jun 1, 2020 | 145 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Counterclaim Patent Initial Invalidity Contentions, and Plaintiffs' Document Production Accompanying Counterclaim Patent Invalidity Contentions filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| May 28, 2020 | 140 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [136] Declaration of Nathan A. Greenblatt -- by Nevro Corp.. (Attachments: # (1) Exhibits A-G)(Smith, Rodger) |
| May 28, 2020 | 140 | Redacted Document (Exhibits A-G) (30) Docket Text: REDACTED VERSION of [136] Declaration of Nathan A. Greenblatt -- by Nevro Corp.. (Attachments: # (1) Exhibits A-G)(Smith, Rodger) |
| May 26, 2020 | 139 | Letter (2) Docket Text: Letter to The Honorable Colm F. Connolly from Rodger D. Smith regarding Courtesy Copies - re [135] Objections. (Smith, Rodger) |
| May 22, 2020 | 138 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of (1) Nevro Corp.'s Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s Third Set of Requests for Production of Documents and Things (Nos. 129-221); and (2) Nevro Corp.'s Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s Third Set of Interrogatories (Nos. 15-18) - filed by Nevro Corp..(Smith, Rodger) |
| May 21, 2020 | 134 | Notice (Other) (30) Docket Text: NOTICE of Subpoena (St. Jude Medical, LLC) by Nevro Corp. (Smith, Rodger) |
| May 21, 2020 | 135 | Objections (20) Docket Text: OBJECTIONS by Nevro Corp. to Magistrate Judge Burke's May 7, 2020 Oral Order [D.I. 128]. (Smith, Rodger) |
| May 21, 2020 | 137 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of (1) Nevro Corp.'s Supplemental Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s First Set of Requests for Production of Documents (Nos. 1-57); and (2) Nevro Corp.'s Supplemental Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s First Set of Interrogatories (Nos. 1, 4, 8) - filed by Nevro Corp..(Smith, Rodger) |
| May 19, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [133] MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs and Kenneth A. Kuwayti filed by Nevro Corp. Signed by Judge Colm F. Connolly on 5/19/2020. (fms) |
| May 19, 2020 | 133 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs and Kenneth A. Kuwayti - filed by Nevro Corp.. (Smith, Rodger) |
| May 12, 2020 | 132 | Request for Oral Argument (5) Docket Text: REQUEST for Oral Argument by Nevro Corp. re [105] MOTION to Stay BSC's Trade Secret Claim Pending Arbitration. (Smith, Rodger) |
| May 11, 2020 | 131 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Defendant and Counterclaimant Nevro Corp.'s First Supplemental Infringement Contentions, filed by Nevro Corp..(Smith, Rodger) |
| May 8, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [127] Stipulation filed by Nevro Corp.. Signed by Judge Colm F. Connolly on 5/8/2020. (fms) |
| May 8, 2020 | 130 | Reply Brief (21) Docket Text: REPLY BRIEF re [105] MOTION to Stay BSC's Trade Secret Claim Pending Arbitration filed by Nevro Corp.. (Smith, Rodger) |
| May 7, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: The Court, having considered Plaintiffs Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s (collectively, "BSC") discovery dispute motion ("Motion"), (D.I. 109), in which BSC asks the Court to compel Defendant Nevro Corp. ("Nevro") to substantively respond to outstanding trade secret discovery requests (i.e., BSC's Interrogatories 1-6 and 8 and Requests for Production 1-57) (the "trade secret discovery") within seven (7) days, (D.I. 114 at 1-2), the parties' letter briefs relating thereto, (D.I. 114; D.I. 121), and having heard argument on May 4, 2020, hereby ORDERS that the Motion is GRANTED-IN-PART as follows: (1) Nevro asserts two reasons why it should not be required to respond to the trade secret discovery. (D.I. 121) First, Nevro argues that it need not respond because "Nevro has filed a motion asking the [District] Court to stay BSC's trade secret claim because it is subject to arbitration." (D.I. 121 at 2) However, that motion was just filed on April 13, 2020, (D.I. 105), with briefing not to be completed until May 8, 2020, (D.I. 124). Currently, therefore, there is no stay in place; instead, in this case filed over two years ago, (D.I. 1), BSC's trade secret claim has survived a motion to dismiss, (D.I. 23 at 21-25), and there is a Scheduling Order in place that indicates that discovery as to the non-dismissed claims should be proceeding forward, (D.I. 51 at 8). Under these circumstances and based on this record, Nevro's first argument does not justify its failure to respond to the trade secret discovery. (2) Second, Nevro argues that it need not respond to the discovery requests at issue "because BSC has yet to identify its trade secrets with sufficient specificity" as required by California Code of Civil Procedure 2019.210 ("Section 2019.210"). (D.I. 121 at 2-3) As an initial matter, the Court notes that certain of the trade secret discovery does not require an identification of trade secrets in order for a response to be provided. (See, e.g., D.I. 114, ex. C at 7 (Interrogatory #1), 11 (Interrogatory #4), 16 (Interrogatory #8)) With respect to other discovery requests at issue referencing the "Trade Secrets at Issue," Section 2019.210 provides that before "commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity[,]" Cal. Civ. Proc. § 2019.210, and in assessing the adequacy of such disclosure, "the designation should be liberally construed, and reasonable doubts about its sufficiency resolved in favor of allowing discovery to go forward[,]" Proofpoint, Inc. v. Vade Secure, Inc., Case No. 19-cv-04238-MMC (RMI), 2020 WL 1911195, at *7 (N.D. Cal. Apr. 20, 2020) (internal quotation marks and citation omitted). District courts are divided on the issue of whether Section 2019.210 even applies in federal court. See, e.g., Conversion Logic, Inc. v. Measured, Inc., No. CV 19-5546 ODW (FFMx), 2020 WL 2046391, at *2 (C.D. Cal. Jan. 16, 2020) (citing cases); XpertUniverse, Inc. v. Cisco Sys., Inc., Civil Action No. 09-157 (JAP), 2011 WL 1226365, at *2 (D. Del. Mar. 28, 2011) (citing cases). Here, however, BSC has served an Initial Disclosure of Trade Secrets ("BSC's Disclosure") on April 7, 2020, (D.I. 115, ex. F), and did not argue in its letter brief that Section 2019.210 does not apply; instead, its argument is that even assuming the state statute does apply, BSC's Disclosure is sufficient to meet its requirements, (D.I. 114 at 2-3). Therefore, solely for purposes of resolving the instant Motion, the Court will assume arguendo that the statute applies here. As to whether BSC's Disclosure has satisfied Section 2019.210, Nevro specifically identified deficiencies with respect to only 4 of the 64 trade secrets set out in BSC's disclosures. (D.I. 115, ex. G; D.I. 121 at 3) The Court agrees that these 4 examples appear problematic for the reasons identified by Nevro. Therefore, the Court hereby ORDERS as follows with respect to the Motion: (1) Nevro shall provide substantive responses to the trade secret discovery that does not require identification of the "Trade Secrets at Issue" within 14 days.; (2) Nevro shall provide substantive responses to the remainder of the trade secret discovery with respect to those trade secrets in BSC's Disclosure that Nevro did not specifically address as deficient within 30 days. See, e.g., Proofpoint, Inc., 2020 WL 1911195, at *7.; and (3) The parties shall further meet and confer with respect to the 4 trade secrets that Nevro addressed in detail, and if the parties cannot reach agreement with respect to those trade secrets, they may utilize the Court's discovery dispute procedures. Ordered by Judge Christopher J. Burke on 5/7/2020. (dlb) |
| May 7, 2020 | 129 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of BSC's Objections and Response to Nevro's Second Set of Interrogatories to Plaintiffs (No. 12) filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| May 6, 2020 | 127 | Stipulation (2) Docket Text: STIPULATION and [Proposed Order] Regarding Supplemental Infringement Contentions and Invalidity Contentions by Nevro Corp.. (Smith, Rodger) |
| May 5, 2020 | 126 | Notice (Other) (30) Docket Text: NOTICE of Subpoena (Medtronic, Inc.) by Nevro Corp. (Smith, Rodger) |
| May 4, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Dina M. Hayes for Boston Scientific Corp. 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. (sam) |
| May 4, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 5/4/2020. The Court heard argument from the parties regarding the pending discovery dispute, D.I. 109. The Court took the matter under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: K. Pascale, D. Hayes, M. Cohn, M. Wolf, M. Kahn for Plaintiffs; R. Smith Badke, S. Lee, C. Fukuda for Defendant. (mlc) |
| May 4, 2020 | 125 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [121] Letter by Nevro Corp.. (Attachments: # (1) Exhibits A-D)(Smith, Rodger) |
| May 4, 2020 | 125 | Redacted Document (Exhibits A-D) (30) Docket Text: REDACTED VERSION of [121] Letter by Nevro Corp.. (Attachments: # (1) Exhibits A-D)(Smith, Rodger) |
| May 1, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [124] STIPULATION TO EXTEND TIME for Defendant Nevro Corp. to file its Reply Brief in support of its Motion to Stay BSC's Trade Secret Claim Pending Arbitration (D.I. 105) to May 8, 2020 filed by Nevro Corp., Set Briefing Schedule: re [105] MOTION to Stay BSC's Trade Secret Claim Pending Arbitration. (Reply Brief due 5/8/2020.). Signed by Judge Colm F. Connolly on 5/1/2020. (fms) |
| Apr 30, 2020 | 124 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendant Nevro Corp. to file its Reply Brief in support of its Motion to Stay BSC's Trade Secret Claim Pending Arbitration (D.I. 105) to May 8, 2020 - filed by Nevro Corp.. (Smith, Rodger) |
| Apr 29, 2020 | 123 | Notice Requesting Removal of Co-Counsel (4) Docket Text: NOTICE requesting Clerk to remove Krista M. Carter as co-counsel. Reason for request: No longer associated with the law firm of Arnold & Porter Kaye Scholer LLP. (Pascale, Karen) |
| Apr 28, 2020 | 120 | Redacted Document (5) Docket Text: REDACTED VERSION of [115] Exhibit to a Document, by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Apr 28, 2020 | 122 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Boston Scientific's Initial Disclosure of Trade Secrets (with Corrected Appendix A) filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Apr 27, 2020 | 118 | Answering Brief in Opposition (Main Document) (30) Docket Text: ANSWERING BRIEF in Opposition re [105] MOTION to Stay BSC's Trade Secret Claim Pending Arbitration filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..Reply Brief due date per Local Rules is 5/4/2020. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Apr 27, 2020 | 118 | Answering Brief in Opposition (Certificate of Compliance) (2) Docket Text: ANSWERING BRIEF in Opposition re [105] MOTION to Stay BSC's Trade Secret Claim Pending Arbitration filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..Reply Brief due date per Local Rules is 5/4/2020. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Main Document) (5) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 1) (3) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 2) (16) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 3) (23) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 4) (3) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 5) (21) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 6) (20) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 7) (30) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 27, 2020 | 119 | Declaration (Exhibit 8) (7) Docket Text: DECLARATION re [118] Answering Brief in Opposition, - Declaration of Michael Kientzle - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (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)(Pascale, Karen) |
| Apr 24, 2020 | 117 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Nevro Corp.'s Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A), filed by Nevro Corp..(Smith, Rodger) |
| Apr 22, 2020 | 116 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of 1) Plaintiffs' Third Set of Interrogatories to Defendant (Nos. 15-18), and 2) Plaintiffs' Third Set of Requests for Production of Documents and Things to Defendant (Nos. 129-221) filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Vrana, Robert) |
| Apr 21, 2020 | 114 | Letter (Main Document) (6) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale on behalf of Plaintiffs regarding Motion to Compel Defendant to Respond to Trade Secret Discovery to be heard on May 4, 2020 Teleconference - re [111] Oral Order,,,,. (Attachments: # (1) Exhibit A-E)(Pascale, Karen) |
| Apr 21, 2020 | 114 | Letter (Exhibit A-E) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Karen L. Pascale on behalf of Plaintiffs regarding Motion to Compel Defendant to Respond to Trade Secret Discovery to be heard on May 4, 2020 Teleconference - re [111] Oral Order,,,,. (Attachments: # (1) Exhibit A-E)(Pascale, Karen) |
| Apr 20, 2020 | 112 | Redacted Document (24) Docket Text: REDACTED VERSION of [106] Opening Brief in Support by Nevro Corp.. (Smith, Rodger) |
| Apr 20, 2020 | 113 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [107] Declaration of Nathan A. Greenblatt -- by Nevro Corp.. (Attachments: # (1) Exhibits 1-2)(Smith, Rodger) |
| Apr 20, 2020 | 113 | Redacted Document (Exhibits 1-2) (13) Docket Text: REDACTED VERSION of [107] Declaration of Nathan A. Greenblatt -- by Nevro Corp.. (Attachments: # (1) Exhibits 1-2)(Smith, Rodger) |
| Apr 14, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Brooks J. Kenyon for Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. 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) |
| Apr 14, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' April 13, 2020 requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 108) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Courts February 20, 2020 Oral Order, (D.I. 59), will be modified as follows with regard to this dispute: (1) A discovery dispute teleconference is set for May 4, 2020 at 2:00 PM before Judge Christopher J. Burke. (2) On April 21, 2020, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On April 28, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (3) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 4/14/2020. (dlb) |
| Apr 13, 2020 | 105 | Motion to Stay (6) Docket Text: MOTION to Stay BSC's Trade Secret Claim Pending Arbitration - filed by Nevro Corp.. (Smith, Rodger) |
| Apr 13, 2020 | 108 | Letter (1) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Karen L. Pascale regarding the parties' request for the scheduling of a discovery teleconference. (Pascale, Karen) |
| Apr 13, 2020 | 109 | Motion for Miscellaneous Relief (5) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute re [108] Letter - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. Motions referred to Christopher J. Burke.(Pascale, Karen) |
| Apr 13, 2020 | 110 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of 1) BSC's Objections and Responses to Nevro's First Set of Interrogatories to Plaintiffs (Nos. 1-11) and 2) BSC's Objections and Responses to Nevro's First Set of Requests for Production of Documents (Nos. 1-58) filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Apr 8, 2020 | 103 | Request for Oral Argument (5) Docket Text: REQUEST for Oral Argument by Nevro Corp. re [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims. (Smith, Rodger) |
| Apr 8, 2020 | 104 | Request for Oral Argument (5) Docket Text: REQUEST for Oral Argument by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. re [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims. (Pascale, Karen) |
| Apr 7, 2020 | 96 | Redacted Document (29) Docket Text: REDACTED VERSION of [91] Answering Brief in Opposition, by Nevro Corp.. (Smith, Rodger) |
| Apr 7, 2020 | 97 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [92] Declaration of Nathan A. Greenblatt - by Nevro Corp.. (Attachments: # (1) Exhibits A-B)(Smith, Rodger) |
| Apr 7, 2020 | 97 | Redacted Document (Exhibits A-B) (30) Docket Text: REDACTED VERSION of [92] Declaration of Nathan A. Greenblatt - by Nevro Corp.. (Attachments: # (1) Exhibits A-B)(Smith, Rodger) |
| Apr 7, 2020 | 98 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Nevro Corp.'s Second Set of Interrogatories to Plaintiffs (Nos. 12), filed by Nevro Corp..(Smith, Rodger) |
| Apr 7, 2020 | 99 | Letter (1) Docket Text: Letter to The Honorable Colm F. Connolly from Rodger D. Smith II regarding IPR Appeals - re [90] Notice (Other). (Smith, Rodger) |
| Apr 7, 2020 | 100 | Reply Brief (Main Document) (19) Docket Text: REPLY BRIEF re [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Apr 7, 2020 | 100 | Reply Brief (Certificate of Compliance) (2) Docket Text: REPLY BRIEF re [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Apr 7, 2020 | 101 | Declaration (Main Document) (6) Docket Text: Supplemental DECLARATION re [100] Reply Brief, - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 5-9)(Pascale, Karen) |
| Apr 7, 2020 | 101 | Declaration (Exhibit 5-9) (13) Docket Text: Supplemental DECLARATION re [100] Reply Brief, - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 5-9)(Pascale, Karen) |
| Apr 7, 2020 | 102 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Boston Scientific's Initial Disclosure of Trade Secrets filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Apr 6, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Per request of filer, CORRECTED Exhibits A-B to Declaration of Nathan A. Greenblatt (D.I. [92]) were swapped in on the docket for the version that was previously filed. This is to add the correct version of exhibit A to the docket. (fms) |
| Apr 6, 2020 | 95 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of (1) Nevro Corp.'s Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s Second Set of Requests for Production of Documents and Things (Nos. 58-128); and (2) Nevro Corp.'s Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s Second Set of Interrogatories (Nos. 9-14), filed by Nevro Corp..(Smith, Rodger) |
| Apr 2, 2020 | 93 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Nevro Corp.'s Document Production Accompanying Disclosure of Asserted Claims and Infringement Contentions Pursuant to Paragraph 4 of the Court's Scheduling Order, filed by Nevro Corp..(Smith, Rodger) |
| Apr 2, 2020 | 94 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Boston Scientific's Document Production Accompanying Disclosure of Asserted Claims and Infringement Contentions filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Mar 26, 2020 | 90 | Notice (Other) (6) Docket Text: NOTICE of Subsequent Developments Regarding IPR Appeals by Nevro Corp. (Smith, Rodger) |
| Mar 23, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [89] MOTION for Pro Hac Vice Appearance of Attorney Michael E. Kientzle filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 3/23/2020. (fms) |
| Mar 23, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael E. Kientzle for Boston Scientific Corp.,for Boston Scientific Neuromodulation Corp. 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. (myr) |
| Mar 20, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [87] MOTION for Pro Hac Vice Appearance of Attorney Dina M. Hayes filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 3/20/2020. (fms) |
| Mar 20, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney C. Brandon Rash for Boston Scientific Corp.,C. Brandon Rash for Boston Scientific Neuromodulation Corp. 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) |
| Mar 20, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [88] MOTION for Pro Hac Vice Appearance of Attorney Bridgette C. Boyd filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 3/20/2020. (fms) |
| Mar 20, 2020 | 88 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Bridgette C. Boyd - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Mar 20, 2020 | 89 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael E. Kientzle - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Mar 19, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael P. Kahn for Boston Scientific Corp.,Michael P. Kahn for Boston Scientific Neuromodulation Corp.,Michael P. Kahn for Boston Scientific Corp.,Michael P. Kahn for Boston Scientific Neuromodulation Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-00644-CFC-CJB, 1:16-cv-01163-CFC(mal) |
| Mar 19, 2020 | 85 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Defendant and Counterclaimant Nevro Corp.'s Initial Infringement Contentions, filed by Nevro Corp..(Smith, Rodger) |
| Mar 19, 2020 | 86 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Boston Scientific's Disclosure of Asserted Claims and Infringement Contentions filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Mar 19, 2020 | 87 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Dina M. Hayes - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Mar 18, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [84] STIPULATION TO EXTEND TIME (i) the deadline for the parties to produce documents accompanying their infringement contentions pursuant to paragraph 4 of the Court's Scheduling Order (D.I. 51); and (ii) the deadline for the parties to serve their invalidity contentions and produce documents accompanying their invalidity contentions pursuant to paragraphs 5 and 6 of the Court's Scheduling Order to April 2, 2020 and May 18, 2020, respectively. Signed by Judge Colm F. Connolly on 3/18/2020. (nmf) |
| Mar 18, 2020 | 84 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME (i) the deadline for the parties to produce documents accompanying their infringement contentions pursuant to paragraph 4 of the Court's Scheduling Order (D.I. 51); and (ii) the deadline for the parties to serve their invalidity contentions and produce documents accompanying their invalidity contentions pursuant to paragraphs 5 and 6 of the Court's Scheduling Order to April 2, 2020 and May 18, 2020, respectively - filed by Nevro Corp.. (Smith, Rodger) |
| Mar 17, 2020 | 81 | Motion to Dismiss for Failure to State a Claim (Main Document) (5) Docket Text: MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Text of Proposed Order)(Pascale, Karen) |
| Mar 17, 2020 | 81 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (2) Docket Text: MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Text of Proposed Order)(Pascale, Karen) |
| Mar 17, 2020 | 82 | Opening Brief in Support (Main Document) (29) Docket Text: OPENING BRIEF in Support re [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..Answering Brief/Response due date per Local Rules is 3/31/2020. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Mar 17, 2020 | 82 | Opening Brief in Support (Certificate of Compliance) (2) Docket Text: OPENING BRIEF in Support re [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..Answering Brief/Response due date per Local Rules is 3/31/2020. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Mar 17, 2020 | 83 | Declaration (Main Document) (5) Docket Text: DECLARATION re [82] Opening Brief in Support, [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-4)(Pascale, Karen) |
| Mar 17, 2020 | 83 | Declaration (Exhibit 1-4) (30) Docket Text: DECLARATION re [82] Opening Brief in Support, [81] MOTION to Dismiss for Failure to State a Claim Nevro's Affirmative Defenses and Counterclaims - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-4)(Pascale, Karen) |
| Mar 16, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Rachel Elsby, and Michael N. Petegorsky for Boston Scientific Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-00644-CFC-CJB, 1:16-cv-01163-CFC(sam) |
| Mar 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (78 in 1:18-cv-00644-CFC-CJB, 292 in 1:16-cv-01163-CFC) MOTION for Pro Hac Vice Appearance of Attorney Michael P. Kahn, Attorney Michael N. Petegorsky, Attorney Brooks J. Kenyon, Attorney C. Brandon Rash, Attorney Rachel J. Elsby and Attorney Jason Weil filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 3/13/2020. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC-CJB(fms) |
| Mar 13, 2020 | 80 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Nevro Corp.'s First Set of Requests for Production of Documents (Nos. 1-58); and (2) Nevro Corp.'s First Set of Interrogatories to Plaintiffs (Nos. 1-11), filed by Nevro Corp..(Smith, Rodger) |
| Mar 12, 2020 | 77 | Request for Oral Argument (4) Docket Text: REQUEST for Oral Argument by Nevro Corp. re (42 in 1:18-cv-00644-CFC-CJB) MOTION to Stay the Action Pending Completion of Inter Partes Review, (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay. (Smith, Rodger) |
| Mar 12, 2020 | 78 | Motion for Leave to Appear Pro Hac Vice (11) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael P. Kahn, Attorney Michael N. Petegorsky, Attorney Brooks J. Kenyon, Attorney C. Brandon Rash, Attorney Rachel J. Elsby and Attorney Jason Weil - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Mar 12, 2020 | 79 | Request for Oral Argument (4) Docket Text: REQUEST for Oral Argument by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. re (42 in 1:18-cv-00644-CFC-CJB) MOTION to Stay the Action Pending Completion of Inter Partes Review, (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay. (Pascale, Karen) |
| Mar 11, 2020 | 75 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific's Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Mar 11, 2020 | 76 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Nevro Corp.'s Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s First Set of Requests for Production of Documents (Nos. 1-57); (2) Nevro Corp.'s Objections and Responses to Boston Scientific Corp. and Boston Scientific Neuromodulation Corp.'s First Set of Interrogatories (Nos. 1-8); and (3) Nevro Corp.'s Initial Disclosure Concerning ESI Pursuant to Paragraph 3 of the Default Standard for Discovery, filed by Nevro Corp..(Smith, Rodger) |
| Mar 10, 2020 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [72] Joint MOTION for Protective Order (fms) |
| Mar 10, 2020 | 71 | Redacted Document (27) Docket Text: REDACTED VERSION of (287 in 1:16-cv-01163-CFC) Answering Brief in Opposition, (67 in 1:18-cv-00644-CFC-CJB) Brief (Combined Answering and Reply), by Nevro Corp.. (Smith, Rodger) |
| Mar 10, 2020 | 72 | Motion for Protective Order (Main Document) (2) Docket Text: Joint MOTION for Protective Order - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit A)(Kraman, Pilar) Modified on 3/10/2020 (fms). |
| Mar 10, 2020 | 72 | Motion for Protective Order (Exhibit A) (27) Docket Text: Joint MOTION for Protective Order - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit A)(Kraman, Pilar) Modified on 3/10/2020 (fms). |
| Mar 10, 2020 | 73 | Protective Order (26) Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 3/10/2020. (fms) |
| Mar 10, 2020 | 74 | Reply Brief (Main Document) (17) Docket Text: REPLY BRIEF re [52] MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certificate of Compliance)(Kraman, Pilar) |
| Mar 10, 2020 | 74 | Reply Brief (Certificate of Compliance) (1) Docket Text: REPLY BRIEF re [52] MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certificate of Compliance)(Kraman, Pilar) |
| Mar 6, 2020 | 70 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) BSC's Second Set of Interrogatories (Nos. 9-14), and 2) BSC's Second Set of Requests for the Production of Documents and Things (Nos. 58-128) filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Mar 4, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [66] MOTION for Pro Hac Vice Appearance of Attorney Nathan A. Greenblatt filed by Nevro Corp. Signed by Judge Colm F. Connolly on 3/4/2020. (fms) |
| Mar 4, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [69] Joint STIPULATION TO EXTEND TIME for the parties to submit proposed Protective Order to March 10, 2020 filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 3/4/2020. (fms) |
| Mar 3, 2020 | 66 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Nathan A. Greenblatt - filed by Nevro Corp.. (Smith, Rodger) |
| Mar 3, 2020 | 68 | Declaration (Main Document) (4) Docket Text: DECLARATION re (287 in 1:16-cv-01163-CFC) Answering Brief in Opposition, (67 in 1:18-cv-00644-CFC-CJB) Brief (Combined Answering and Reply), -- Declaration of Nathan A. Greenblatt -- by Nevro Corp.. (Attachments: # (1) Exhibit 1)(Smith, Rodger) |
| Mar 3, 2020 | 68 | Declaration (Exhibit 1) (21) Docket Text: DECLARATION re (287 in 1:16-cv-01163-CFC) Answering Brief in Opposition, (67 in 1:18-cv-00644-CFC-CJB) Brief (Combined Answering and Reply), -- Declaration of Nathan A. Greenblatt -- by Nevro Corp.. (Attachments: # (1) Exhibit 1)(Smith, Rodger) |
| Mar 3, 2020 | 69 | Stipulation to EXTEND Time (2) Docket Text: Joint STIPULATION TO EXTEND TIME for the parties to submit proposed Protective Order to March 10, 2020 - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Kraman, Pilar) |
| Feb 28, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [65] MOTION for Pro Hac Vice Appearance of Attorney Chris Moulder filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 2/28/2020. (fms) |
| Feb 27, 2020 | 64 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,149,978 B1 ;10,076,665 B2 ;9,002,460 B2 ;9,002,461 B2 ;10,420,935 B2 . (Smith, Rodger) |
| Feb 27, 2020 | 65 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Chris Moulder - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Feb 26, 2020 | N/A | Patent Report Notice (0) Docket Text: PATENT REPORT NOTICE: Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (nmf) |
| Feb 25, 2020 | 61 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Nevro Corp.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A), filed by Nevro Corp..(Smith, Rodger) |
| Feb 25, 2020 | 62 | Answer to Amended Complaint (Main Document) (30) Docket Text: ANSWER to Amended Complaint, re: [48] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Nevro Corp.. (Attachments: # (1) Exhibit A-E)(Smith, Rodger) |
| Feb 25, 2020 | 62 | Answer to Amended Complaint (Exhibit A-E) (30) Docket Text: ANSWER to Amended Complaint, re: [48] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Nevro Corp.. (Attachments: # (1) Exhibit A-E)(Smith, Rodger) |
| Feb 25, 2020 | 63 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific's Rule 26(a)(1) Initial Disclosures filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Feb 21, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (60 in 1:18-cv-00644-CFC-CJB, 285 in 1:16-cv-01163-CFC) Stipulation re: Briefing Schedule, Nevro shall file a Combined Answering Brief in opposition to Boston Scientifics Motion to Consolidate, Bifurcate, and Partially Lift Stay and Reply Brief in support of Nevros Motion to Stay of no more than 5,000 words no later than March 3, 2020; Boston Scientific shall file a Reply Brief in support of its Motion to Consolidate, Bifurcate, and Partially Lift Stay of no more than 2,500 words no later than March 10, 2020. Signed by Judge Colm F. Connolly on 2/21/2020. Associated Cases: 1:18-cv-00644-CFC-CJB, 1:16-cv-01163-CFC(nmf) |
| Feb 21, 2020 | 60 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order Regarding Briefing re (42 in 1:18-cv-00644-CFC-CJB) MOTION to Stay the Action Pending Completion of Inter Partes Review, (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay by Nevro Corp.. (Smith, Rodger) |
| Feb 20, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the case history in light of the February 18, 2020 referral, hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (D.I. 51 at 9-10), will be modified as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery or protective order matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. For disputes relating to discovery, the moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute, and for disputes relating to protective orders, the parties shall file a Joint Motion for Teleconference to Resolve Protective Order Dispute. The suggested text for these motions can be found in the same Forms tab. The Court will thereafter set a discovery or protective order dispute telephone conference. Ordered by Judge Christopher J. Burke on 2/19/2020. (dlb) |
| Feb 19, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge 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) |
| Feb 19, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf of the Declaration at D.I. 281 in Civil Action No. 16-1163 and D.I. 54 in Civil Action No. 18-644 has been replaced with a corrected version to replace the signature page per request of filer. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC-CJB(nmf) |
| Feb 19, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before March 11, 2020 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the time for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert report and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 2/19/20. (cak) |
| Feb 19, 2020 | 57 | Redacted Document (Main Document) (24) Docket Text: REDACTED VERSION of (280 in 1:16-cv-01163-CFC) Brief (Combined Opening and Answering), (53 in 1:18-cv-00644-CFC-CJB) Brief (Combined Opening and Answering), by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Feb 19, 2020 | 57 | Redacted Document (Certificate of Compliance) (2) Docket Text: REDACTED VERSION of (280 in 1:16-cv-01163-CFC) Brief (Combined Opening and Answering), (53 in 1:18-cv-00644-CFC-CJB) Brief (Combined Opening and Answering), by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certificate of Compliance)(Pascale, Karen) |
| Feb 19, 2020 | 58 | Redacted Document (4) Docket Text: REDACTED VERSION of (55 in 1:18-cv-00644-CFC-CJB, 282 in 1:16-cv-01163-CFC) Exhibit to a Document, - Exhibits 5-13 to Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Feb 18, 2020 | 51 | Scheduling Order (21) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Case referred to the Magistrate Judge for all disputes relating to discovery or the protective order. Joinder of Parties due by 12/18/2020. Amended Pleadings due by 12/18/2020. Fact Discovery completed by 2/18/2021. Dispositive Motions due by 6/17/2021. Joint Claim Construction Brief due by 12/9/2020. A Markman Hearing is set for 1/6/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Proposed Pretrial Order due by 9/9/2021. A Final Pretrial Conference is set for 10/7/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 10/18/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 2/18/2020. (nmf) |
| Feb 18, 2020 | 52 | Motion to Consolidate Cases (Main Document) (5) Docket Text: MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Text of Proposed Order)(Pascale, Karen) |
| Feb 18, 2020 | 52 | Motion to Consolidate Cases (Certification Pursuant to D. Del. LR 7.1.1) (1) Docket Text: MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Text of Proposed Order)(Pascale, Karen) |
| Feb 18, 2020 | 52 | Motion to Consolidate Cases (Text of Proposed Order) (2) Docket Text: MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Text of Proposed Order)(Pascale, Karen) |
| Feb 18, 2020 | 54 | Declaration (Main Document) (5) Docket Text: DECLARATION re (280 in 1:16-cv-01163-CFC) Brief (Combined Opening and Answering), (53 in 1:18-cv-00644-CFC-CJB) Brief (Combined Opening and Answering), (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-4, # (2) Exhibit 14)(Pascale, Karen) (Main Document 54 replaced on 2/19/2020) (nmf, ). |
| Feb 18, 2020 | 54 | Declaration (Exhibit 1-4) (30) Docket Text: DECLARATION re (280 in 1:16-cv-01163-CFC) Brief (Combined Opening and Answering), (53 in 1:18-cv-00644-CFC-CJB) Brief (Combined Opening and Answering), (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-4, # (2) Exhibit 14)(Pascale, Karen) (Main Document 54 replaced on 2/19/2020) (nmf, ). |
| Feb 18, 2020 | 54 | Declaration (Exhibit 14) (17) Docket Text: DECLARATION re (280 in 1:16-cv-01163-CFC) Brief (Combined Opening and Answering), (53 in 1:18-cv-00644-CFC-CJB) Brief (Combined Opening and Answering), (52 in 1:18-cv-00644-CFC-CJB, 279 in 1:16-cv-01163-CFC) MOTION to Consolidate Cases , Bifurcate, and Partially Lift Stay - Declaration of Marc A. Cohn - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-4, # (2) Exhibit 14)(Pascale, Karen) (Main Document 54 replaced on 2/19/2020) (nmf, ). |
| Feb 14, 2020 | 50 | Proposed Order (Main Document) (21) Docket Text: PROPOSED ORDER - [Proposed] Scheduling Order - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding the parties' Proposed Scheduling Order)(Pascale, Karen) |
| Feb 14, 2020 | 50 | Proposed Order (Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding the pa) (1) Docket Text: PROPOSED ORDER - [Proposed] Scheduling Order - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding the parties' Proposed Scheduling Order)(Pascale, Karen) |
| Feb 11, 2020 | 47 | SO ORDERED (2) Docket Text: SO ORDERED, re [45] Stipulation filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. 1. Boston Scientific hereby withdraws its Motion to Dismiss Defendant's Counterclaims of Indirect Infringement (D.I. [32]); 2. Boston Scientific hereby withdraws its Motion For Leave To File Second Amended Complaint (D.I. [34]); 3. Boston Scientific shall be permitted to file its revised Second Amended Complaint attached hereto as Exhibit A, upon the entry of this Stipulation and Order by the Court; and 4. Nevro shall file its Answer and Counterclaims in response to the Second Amended Complaint within 14 days after the Second Amended Complaint is filed, subject to the parties' agreement set forth above. Signed by Judge Colm F. Connolly on 2/10/2020. (fms) |
| Feb 11, 2020 | 48 | Amended Complaint (30) Docket Text: SECOND AMENDED COMPLAINT against Nevro Corp.- filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp.(fms) |
| Feb 11, 2020 | 49 | Redacted Document (21) Docket Text: REDACTED VERSION of [43] Opening Brief in Support by Nevro Corp.. (Smith, Rodger) |
| Feb 10, 2020 | 46 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) BSC's First Set of Interrogatories (Nos. 1-8), and 2) BSC's First Set of Requests for the Production of Documents and Things (Nos. 1-57) filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Pascale, Karen) |
| Feb 7, 2020 | 45 | Stipulation (Main Document) (2) Docket Text: Joint STIPULATION and [Proposed] Order regarding Second Amended Complaint by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Pascale, Karen) |
| Feb 7, 2020 | 45 | Stipulation (Exhibit A) (30) Docket Text: Joint STIPULATION and [Proposed] Order regarding Second Amended Complaint by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Pascale, Karen) |
| Feb 7, 2020 | 45 | Stipulation (Exhibit B) (30) Docket Text: Joint STIPULATION and [Proposed] Order regarding Second Amended Complaint by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Pascale, Karen) |
| Feb 4, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [41] STIPULATION TO EXTEND TIME for defendant Nevro Corp. to file its Response to Plaintiffs' Motion To Dismiss Defendant's Counterclaims Of Indirect Infringement (D.I. 32), and the time for defendant Nevro to file its Answering Brief filed by Nevro Corp., Set Briefing Schedule: re [34] MOTION for Leave to File Second Amended Complaint, [32] MOTION to Dismiss for Failure to State a Claim Defendant's Counterclaims of Indirect Infringement. (Answering Brief due 2/10/2020.). Signed by Judge Colm F. Connolly on 2/4/2020. (fms) |
| Feb 4, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Edmond Ahadome for Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. 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) |
| Feb 4, 2020 | 42 | Motion to Stay (5) Docket Text: MOTION to Stay the Action Pending Completion of Inter Partes Review - filed by Nevro Corp.. (Smith, Rodger) |
| Feb 4, 2020 | 44 | Declaration (Main Document) (6) Docket Text: DECLARATION re [42] MOTION to Stay the Action Pending Completion of Inter Partes Review -- Declaration of Ketan V. Patel -- by Nevro Corp.. (Attachments: # (1) Exhibits A-P)(Smith, Rodger) |
| Feb 4, 2020 | 44 | Declaration (Exhibits A-P) (30) Docket Text: DECLARATION re [42] MOTION to Stay the Action Pending Completion of Inter Partes Review -- Declaration of Ketan V. Patel -- by Nevro Corp.. (Attachments: # (1) Exhibits A-P)(Smith, Rodger) |
| Feb 3, 2020 | 41 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for defendant Nevro Corp. to file its Response to Plaintiffs' Motion To Dismiss Defendant's Counterclaims Of Indirect Infringement (D.I. 32), and the time for defendant Nevro to file its Answering Brief in Opposition to Plaintiffs' Motion For Leave To File Second Amended Complaint (D.I. 34) to February 10, 2020 - filed by Nevro Corp.. (Smith, Rodger) |
| Jan 27, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [40] STIPULATION TO EXTEND TIME for defendant Nevro Corp. ("Nevro") to file its Response to Plaintiffs' Motion To Dismiss Defendant's Counterclaims Of Indirect Infringement (D.I. 32), and the time for defendant Nevro to file its Answering Brief filed by Nevro Corp., Set Briefing Schedule: re [34] MOTION for Leave to File Second Amended Complaint, [32] MOTION to Dismiss for Failure to State a Claim Defendant's Counterclaims of Indirect Infringement. (Answering Brief due 2/3/2020.). Signed by Judge Colm F. Connolly on 1/27/2020. (fms) |
| Jan 24, 2020 | 40 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for defendant Nevro Corp. ("Nevro") to file its Response to Plaintiffs' Motion To Dismiss Defendant's Counterclaims Of Indirect Infringement (D.I. 32), and the time for defendant Nevro to file its Answering Brief in Opposition to Plaintiffs' Motion For Leave To File Second Amended Complaint (D.I. 34) to February 3, 2020 - filed by Nevro Corp.. (Smith, Rodger) |
| Jan 16, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney William O. Young, Jr for Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. 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) |
| Jan 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [39] MOTION for Pro Hac Vice Appearance of Attorney Edmond Ahadome filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 1/16/2020. (fms) |
| Jan 16, 2020 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 1/16/2020. (Court Reporter V. Gunning.) Counsel to submit the final proposed scheduling order to the Court on or before February 14, 2020. (nmf) |
| Jan 15, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [38] MOTION for Pro Hac Vice Appearance of Attorney William Young, Jr. filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 1/15/2020. (fms) |
| Jan 15, 2020 | 39 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Edmond Ahadome - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Jan 14, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Marc A. Cohn and William Z. Louden for Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. 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) |
| Jan 14, 2020 | 38 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William Young, Jr. - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Jan 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [31] MOTION for Pro Hac Vice Appearance of Attorney William Z. Louden filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 1/13/2020. (fms) |
| Jan 13, 2020 | 31 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William Z. Louden - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Jan 13, 2020 | 32 | Motion to Dismiss for Failure to State a Claim (Main Document) (16) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant's Counterclaims of Indirect Infringement - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Text of Proposed Order)(Kraman, Pilar) |
| Jan 13, 2020 | 32 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant's Counterclaims of Indirect Infringement - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Text of Proposed Order)(Kraman, Pilar) |
| Jan 13, 2020 | 33 | Answer to Counterclaim (13) Docket Text: ANSWER to [27] Answer to Amended Complaint, Counterclaim - Answer to Counterclaims of Nevro Corp. - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..(Kraman, Pilar) |
| Jan 13, 2020 | 34 | Motion for Leave to File (Main Document) (4) Docket Text: MOTION for Leave to File Second Amended Complaint - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Exhibit A, # (3) Exhibit B, # (4) Text of Proposed Order)(Pascale, Karen) |
| Jan 13, 2020 | 34 | Motion for Leave to File (Certification Pursuant to D. Del. LR 7.1.1) (1) Docket Text: MOTION for Leave to File Second Amended Complaint - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Exhibit A, # (3) Exhibit B, # (4) Text of Proposed Order)(Pascale, Karen) |
| Jan 13, 2020 | 34 | Motion for Leave to File (Exhibit A) (30) Docket Text: MOTION for Leave to File Second Amended Complaint - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Exhibit A, # (3) Exhibit B, # (4) Text of Proposed Order)(Pascale, Karen) |
| Jan 13, 2020 | 34 | Motion for Leave to File (Exhibit B) (30) Docket Text: MOTION for Leave to File Second Amended Complaint - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Exhibit A, # (3) Exhibit B, # (4) Text of Proposed Order)(Pascale, Karen) |
| Jan 13, 2020 | 34 | Motion for Leave to File (Text of Proposed Order) (2) Docket Text: MOTION for Leave to File Second Amended Complaint - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Certification Pursuant to D. Del. LR 7.1.1, # (2) Exhibit A, # (3) Exhibit B, # (4) Text of Proposed Order)(Pascale, Karen) |
| Jan 13, 2020 | 35 | Opening Brief in Support (27) Docket Text: OPENING BRIEF in Support re [34] MOTION for Leave to File Second Amended Complaint filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..Answering Brief/Response due date per Local Rules is 1/27/2020. (Pascale, Karen) |
| Jan 13, 2020 | 36 | Declaration (Main Document) (4) Docket Text: DECLARATION re [35] Opening Brief in Support, [34] MOTION for Leave to File Second Amended Complaint - Declaration of Amy L. DeWitt - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-3)(Pascale, Karen) |
| Jan 13, 2020 | 36 | Declaration (Exhibit 1-3) (9) Docket Text: DECLARATION re [35] Opening Brief in Support, [34] MOTION for Leave to File Second Amended Complaint - Declaration of Amy L. DeWitt - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Exhibit 1-3)(Pascale, Karen) |
| Jan 13, 2020 | 37 | Proposed Order (Main Document) (22) Docket Text: PROPOSED ORDER - [Proposed] Scheduling Order - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding the parties' Proposed Scheduling Order)(Pascale, Karen) |
| Jan 13, 2020 | 37 | Proposed Order (Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding the pa) (1) Docket Text: PROPOSED ORDER - [Proposed] Scheduling Order - by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Attachments: # (1) Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding the parties' Proposed Scheduling Order)(Pascale, Karen) |
| Dec 26, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [30] STIPULATION TO EXTEND TIME for Plaintiffs to Respond to Counterclaims to January 13, 2020 filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 12/26/2019. (fms) |
| Dec 24, 2019 | 30 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to Respond to Counterclaims to January 13, 2020 - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Dec 13, 2019 | 29 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Scheduling Conference: A Scheduling Conference is set for 1/16/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. If the parties have no disputes about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 12/13/2019. (nmf) |
| Dec 9, 2019 | 27 | Answer to Amended Complaint (Main Document) (30) Docket Text: ANSWER to Amended Complaint, re: [5] Amended Complaint with Jury Demand , COUNTERCLAIM against Boston Scientific Corp., Boston Scientific Neuromodulation Corp. by Nevro Corp.. (Attachments: # (1) Exhibits A-E)(Smith, Rodger) |
| Dec 9, 2019 | 27 | Answer to Amended Complaint (Exhibits A-E) (30) Docket Text: ANSWER to Amended Complaint, re: [5] Amended Complaint with Jury Demand , COUNTERCLAIM against Boston Scientific Corp., Boston Scientific Neuromodulation Corp. by Nevro Corp.. (Attachments: # (1) Exhibits A-E)(Smith, Rodger) |
| Dec 9, 2019 | 28 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,409,020 B2 ;10,149,978 B1 ;10,076,665 B2 ;9,002,460 B2 ;9,002,461 B2 . (Smith, Rodger) |
| Dec 2, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Thomas A Broughan, III for Nevro Corp. 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) |
| Dec 2, 2019 | 25 | Notice (Other) (2) Docket Text: NOTICE of Change of Address for Sharon Lee by Nevro Corp. (Smith, Rodger) |
| Dec 2, 2019 | 26 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Benjamin H. Huh as co-counsel. Reason for request: No longer with the firm. (Smith, Rodger) |
| Nov 27, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Ching-Lee Fukuda, and Ketan V. Patel for Nevro Corp. 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. (sam) |
| Nov 27, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Sharon Lee, and Bradford J. Badke for Nevro Corp. 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. (sam) |
| Nov 25, 2019 | 23 | Memorandum Opinion (28) Docket Text: MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 11/25/2019. (nmf) |
| Nov 25, 2019 | 24 | Order on Motion to Dismiss (2) Docket Text: ORDER granting in part and denying in part [10] Motion to Dismiss. Signed by Judge Colm F. Connolly on 11/25/2019. (nmf) |
| Aug 8, 2019 | 22 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent no parent corporation, Other Affiliate T. Rowe Price Associates, Inc. for Nevro Corp. filed by Nevro Corp.. (Smith, Rodger) |
| May 22, 2019 | 20 | Letter (2) Docket Text: Letter to The Honorable Colm F. Connolly from Karen L. Pascale regarding Plaintiffs' request for Rule 16 Scheduling Conference in the 18-644 action, and status of the 16-1163 action. (Pascale, Karen) |
| May 22, 2019 | 21 | Letter (2) Docket Text: Letter to the Honorable Colm F. Connolly from Rodger D. Smith II regarding Plaintiffs May 22, 2019 Letter to the Court. (Smith, Rodger) |
| Oct 26, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [19] MOTION for Pro Hac Vice Appearance of Attorney Marc A. Cohn filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 10/26/2018. (fms) |
| Oct 25, 2018 | 19 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Marc A. Cohn - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Oct 8, 2018 | 18 | Notice Requesting Removal of Co-Counsel (4) Docket Text: NOTICE requesting Clerk to remove Benjamin H. Huh as co-counsel. Reason for request: no longer associated with the action. (Smith, Rodger) |
| Oct 4, 2018 | 17 | Status Report (3) Docket Text: Joint STATUS REPORT by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Oct 3, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Matthew M. Wolf,Edward Han for Boston Scientific Corp., Boston Scientific Neuromodulation Corp. 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. (crb) |
| Oct 3, 2018 | 16 | Request for Oral Argument (3) Docket Text: REQUEST for Oral Argument by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. re [10] MOTION to Dismiss Plaintiffs' First Amended Complaint. (Pascale, Karen) |
| Oct 2, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Krista M. Carter for Boston Scientific Corp. 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. (dmp, ) |
| Oct 1, 2018 | 15 | Reply Brief (16) Docket Text: REPLY BRIEF re [10] MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Nevro Corp.. (Smith, Rodger) |
| Sep 28, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Thomas T. Carmack for Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. 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. (ceg) |
| Sep 27, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Amy DeWitt for Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC(ceg) |
| Sep 27, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [14] MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf and Attorney Edward Han filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 9/27/2018. (fms) |
| Sep 27, 2018 | 14 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf and Attorney Edward Han - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Sep 26, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [13] MOTION for Pro Hac Vice Appearance of Attorney Amy DeWitt, Attorney Krista Carter and Attorney Thomas T. Carmack filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. Signed by Judge Colm F. Connolly on 9/26/2018. (fms) |
| Sep 25, 2018 | 13 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Amy DeWitt, Attorney Krista Carter and Attorney Thomas T. Carmack - filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp.. (Pascale, Karen) |
| Sep 24, 2018 | 12 | Answering Brief in Opposition (27) Docket Text: ANSWERING BRIEF in Opposition re [10] MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp..Reply Brief due date per Local Rules is 10/1/2018. (Pascale, Karen) |
| Sep 20, 2018 | N/A | Case Reassigned to CFC (0) Docket Text: Case reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC (rjb) |
| Sep 20, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Pursuant to the reassignment of this action, the parties shall submit a joint status report on or before October 4, 2018. Please identify in the status report the next event the parties believe the Court needs to schedule. (Status report due 10/4/2018.) Ordered by Judge Colm F. Connolly on September 20, 2018. Associated Cases: 1:16-cv-01163-CFC, 1:18-cv-00644-CFC(nmf) |
| Sep 12, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED - re [9] MOTION for Pro Hac Vice Appearance of Attorney Bradford J. Badke, Ching-Lee Fukuda, Ketan V. Patel, Sharon Lee, Thomas A. Broughan III, and Benjamin H. Huh filed by Nevro Corp.. Ordered by Judge Gregory M. Sleet on 9/12/2018. (mdb) |
| Sep 10, 2018 | 9 | Motion for Leave to Appear Pro Hac Vice (8) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Bradford J. Badke, Ching-Lee Fukuda, Ketan V. Patel, Sharon Lee, Thomas A. Broughan III, and Benjamin H. Huh - filed by Nevro Corp.. (Smith, Rodger) |
| Sep 10, 2018 | 10 | Motion to Dismiss (4) Docket Text: MOTION to Dismiss Plaintiffs' First Amended Complaint - filed by Nevro Corp.. (Smith, Rodger) Modified on 9/11/2018 (mdb). |
| Sep 10, 2018 | 11 | Opening Brief in Support (27) Docket Text: OPENING BRIEF in Support re [10] MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Nevro Corp..Answering Brief/Response due date per Local Rules is 9/24/2018. (Smith, Rodger) Modified on 9/11/2018 (mdb). |
| Jul 31, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED - re [8] STIPULATION TO EXTEND TIME to Answer First Amended Complaint to September 10, 2018 filed by Nevro Corp., Set/Reset Answer Deadlines: Nevro Corp. answer due 9/10/2018. Ordered by Judge Gregory M. Sleet on 7/31/2018. (mdb) |
| Jul 26, 2018 | 8 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to Answer First Amended Complaint to September 10, 2018 - filed by Nevro Corp.. (Smith, Rodger) |
| Jul 19, 2018 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp.. Nevro Corp. served on 7/19/2018, answer due 8/9/2018. (Kraman, Pilar) |
| Jul 18, 2018 | 5 | Amended Complaint* (1) |
| Jul 18, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Nevro Corp. on 7/18/2018. (jcs) |
| Jul 18, 2018 | 5 | Amended Complaint (Main Document) (30) Docket Text: First AMENDED COMPLAINT against Nevro Corp.- filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp.. (Attachments: # (1) Exhibit 1-10)(Kraman, Pilar) |
| Jul 18, 2018 | 5 | Amended Complaint (Exhibit 1-10) (30) Docket Text: First AMENDED COMPLAINT against Nevro Corp.- filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp.. (Attachments: # (1) Exhibit 1-10)(Kraman, Pilar) |
| Jul 18, 2018 | 6 | Patent/Trademark Report to Commissioner (2) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,496,404 B2 ;US 7,127,298 B1 ;US 8,682,447 B2 ;US 6,993,384 B2 ;US 7,853,330 B2 ;US 7,822,480 B2 ;US 6,381,496 B1; US 7,177,690 B2; US 9,162,071 B2 . (Kraman, Pilar) |
| May 2, 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) |
| Apr 27, 2018 | 1 | Complaint* (1) |
| Apr 27, 2018 | N/A | No Summons Issued (0) Docket Text: No Summons Issued. (nmfn) |
| Apr 27, 2018 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Nevro Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2371467.) - filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. (Attachments: # (1) Exhibits 1-5, # (2) Civil Cover Sheet)(nmfn) |
| Apr 27, 2018 | 1 | Complaint (Exhibits 1-5) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Nevro Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2371467.) - filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. (Attachments: # (1) Exhibits 1-5, # (2) Civil Cover Sheet)(nmfn) |
| Apr 27, 2018 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Nevro Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2371467.) - filed by Boston Scientific Neuromodulation Corp., Boston Scientific Corp. (Attachments: # (1) Exhibits 1-5, # (2) Civil Cover Sheet)(nmfn) |
| Apr 27, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmfn) |
| Apr 27, 2018 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,781,596 B2; 7,177,690 B2; 6,609,032 B1; 8,918,174 B2. (nmfn) |
| Apr 27, 2018 | 4 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Boston Scientific Corporation for Boston Scientific Neuromodulation Corp. filed by Boston Scientific Corp., Boston Scientific Neuromodulation Corp. (nmfn) |
