Case number 1:18-cv-01869
Boston Scientific Corporation et al v. Micro-Tech Endoscopy USA Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 8, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The Opening Brief at D.I. [236] has been placed under seal per request of counsel. (nmf) |
| Feb 8, 2021 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [259] MOTION to Preclude the Opinions of Karl Leinsing, [257] MOTION to Preclude Testimony of Plaintiffs' Damages Expert John R. Bone, [245] MOTION to Preclude the Testimony of Defendants' Expert Michael Plishka. The automatic referrals generated by the system have been removed for these motions. (nmf) 263 Filed: 02/08/2021 Entered: 02/09/2021 Multi Media Document Docket Text: [SEALED] MULTI MEDIA DOCUMENT (EXHIBITS 20 AND 49) filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. in the form of a flash drive. Filing related to [261] Declaration, [262] Notice of Filing Multi Media Material. (Media on file in Clerk's Office). (fms) Filed & Entered: 02/10/2021 CORRECTING ENTRY: Docket Text: CORRECTING ENTRY: The Certification Pursuant to Local Rule 7.1.1 has been added to D.I. [259] per request of filer. (nmf) Filed & Entered: 02/10/2021 Case Assigned/Reassigned Docket Text: Case Reassigned to Judge Stephanos Bibas of the United States Court of Appeals for the Third Circuit. Please include the initials of the Judge (SB) after the case number on all documents filed. (rjb) 264 Filed & Entered: 02/10/2021 Order Docket Text: ORDER: DESIGNATION OF CIRCUIT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Stephanos Bibas of the United States Court of Appeals for the Third Circuit. Signed by Judge D. Brooks Smith, Chief Judge of the United States Court of Appeals for the Third Circuit on 2/10/2021. (rjb) 265 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [236] Opening Brief in Support, by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) 266 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [240] Statement, by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) 267 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [258] Opening Brief in Support, by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) 268 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [261] Declaration,,,, (of John G. Day) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit 1-49)(Mayo, Andrew) 269 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [247] Opening Brief in Support, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Michael) 270 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [250] Declaration, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibits 1-7)(Farnan, Michael) 271 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [242] Opening Brief in Support, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Michael) 272 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [243] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Michael) 273 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [244] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Michael) 274 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [238] Opening Brief in Support, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Michael) 275 Filed & Entered: 02/12/2021 Redacted Document Docket Text: REDACTED VERSION of [239] Statement by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Michael) 276 Filed & Entered: 02/18/2021 Declaration Docket Text: [SEALED] DECLARATION (Corrected Version of Declaration of John G. Day in Support of Defendants' Motions for Summary Judgment and Motions to Exclude) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-15, # (3) Exhibit 16, # (4) Exhibit 17, # (5) Exhibit 18, # (6) Exhibit 19-26, # (7) Exhibit 27-35, # (8) Exhibit 36-39, # (9) Exhibit 40-49)(Mayo, Andrew) Filed & Entered: 02/22/2021 Motion Hearing Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held via teleconference on 2/22/2021 regarding D.I. [226] MOTION to Strike Previously Undisclosed Theories in Expert Reports of Karl Leinsing filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd. The Court heard the parties' arguments regarding the motion. The Court resolved two of the disputed issues on the record. The transcript shall serve as the substance of the Court's Order as to those two resolved issues. As to the remaining disputed issues, the Court ordered the parties to submit supplemental exhibits, and the Court took the matter under advisement. (Court Reporter: Jennifer Guy. Clerk: K. Sforza) Appearances: B. Farnan, K. Flannery and R. Rhoad for Plaintiffs; A. Mayo, J. Day, S. Routh and C. Higgins for Defendants. (mlc) 277 Filed & Entered: 02/22/2021 Letter Docket Text: [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding February 22, 2021 Hearing. (Attachments: # (1) Exhibit 1)(Farnan, Brian) 278 Filed & Entered: 02/22/2021 Letter Docket Text: [SEALED] Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding supplemental submission of materials in connection with February 22, 2021 oral argument in connection with Defendants' motion to strike. (Attachments: # (1) Exhibit 1-3)(Mayo, Andrew) 279 Filed & Entered: 02/22/2021 Letter Docket Text: [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Submission of Post-Hearing Document. (Farnan, Brian) 280 Filed & Entered: 02/25/2021 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Defendants" motion to strike five different portions of the expert reports of Plaintiffs" expert Karl Leinsing ("Motion"), (D.I. 226), and having resolved the Motion as to portions three and four during a teleconference held on February 23, 2021, hereby ORDERS as follows with regard to portion five, which relates to Mr. Leinsing's purportedly new opinions regarding certain claim elements of the '725 patent, (D.I. 227 at 4; D.I. 229 at 5-6; D.I. 230 at 2): (1) With regard to the purportedly new arguments about Kortenbach I, that reference was not first raised by Defendants as part of their invalidity case regarding the '725 patent until Defendants served their Final Invalidity Contentions on August 31, 2020, just 11 days before the close of fact discovery. (D.I. 229 at 4) Moreover, Plaintiffs did not have an obligation to earlier supplement their validity-related response to Defendants' Interrogatory No. 11 regarding Defendants' disclosure of Kortenbach I, because that interrogatory asks for a response to Defendants' Amended Initial Invalidity Contentions ("initial invalidity contentions"), in which Kortenbach I was never referenced. (See D.I. 227, ex. I at 2; D.I. 229, ex. 4 at 19) Therefore, in the Court's view, nothing Plaintiffs did with regard to Kortenbach I was untimely.; (2) With regard to the purportedly new arguments about Kimura and Sugiyama, Plaintiffs probably should have earlier supplemented their response to Interrogatory No. 11 regarding Kimura's/Sugiyama's relationship to the particular claims of the '725 patent mentioned by Defendants (i.e., at least regarding claim 2 as to Sugiyama, and claims 3 and 8-11 as to Kimura). (D.I. 227 at 4) But even if this amounted to a violation of the discovery rules, the Pennypack factors would not counsel in favor of exclusion. As to factor one, Defendants might have been rightly surprised at Plaintiffs' late disclosure of their validity arguments as to these references/claims. But the remainder of the Pennypack factors do not go Defendants' way. Factors two and three favor Plaintiffs. This is because the opinions at issue deal with a cabined number of validity arguments, and because even Defendants' expert acknowledged that he had a fair "opportunity to respond" to those opinions, (D.I. 229 at 5; id., ex. 6 at 25-26). Thus, Defendants had the ability to cure any prejudice, and any discovery violation would not impact the order or efficiency of trial. As to factor four, regarding bad faith or willfulness, that factor is neutral. Defendants initial invalidity contentions were not particularly fulsome, and that put Plaintiffs in a bit of a tough spotin that Plaintiffs had to try to respond without knowing the real contours of Defendants' views on invalidity. If, in doing so, Plaintiffs dropped the ball in these few areas, the Court does not believe they did so with willful intent to deceive. And as to the fifth factor, that favors Plaintiffs, as the testimony seems important, because without it Plaintiffs would not be able to counter Defendants' arguments as to why the above references invalidate certain claims of this patent.; (3) For all of the above reasons, the Court DENIES Defendants' request to strike Plaintiffs' expert Mr. Leinsing's purportedly new opinions with regard to claim elements of the '725 patent. Ordered by Judge Christopher J. Burke on 2/25/2021. (dlb) 281 Filed & Entered: 02/26/2021 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Defendants' motion to strike five different portions of the expert reports of Plaintiffs' expert Karl Leinsing ("Motion"), (D.I. 226), having held a teleconference with the parties regarding the Motion on February 23, 2021, and having already resolved the Motion as to portions three, four and five, hereby ORDERS as follows with regard to portion one, which relates to Mr. Leinsing's purportedly new opinions regarding certain claim elements of the '371 and '725 patents, (D.I. 227 at 2-3; D.I. 229 at 1-3; D.I. 230 at 1): (1) With regard to Mr. Leinsing's purportedly new opinions about claim element 1(d) of the '371 patent, here the Court disagrees with Defendants' view that between the submission of Final Infringement Contentions and Mr. Leinsing's opening expert report, Plaintiffs changed their position on what is the claimed "tab." The key paragraph of Plaintiffs' Final Infringement Contentions admittedly is confusing on this point. Although the initial portions of that paragraph can be read to indicate that Plaintiffs then believed that the "three-pronged spring tab" was the claimed "tab" (which is Plaintiffs'/Mr. Leinsing's current position), Plaintiffs also wrote in the last sentence of the paragraph that "the bushing is releasably coupled to the capsule via the tab (reduced diameter portion)" (which suggests that the "reduced diameter portion," not the three-pronged spring tab, is the "tab"). (D.I. 227, ex. E at 5) However, before the close of fact discovery, Defendants wrote to Plaintiffs and indicated that they understood that Plaintiffs were arguing that the "three-pronged spring tabs" in fact "constitute[ed] the tabs." (D.I. 277, ex. 2 at 30) In light of this, the Court cannot find that Plaintiffs current position was hidden from Defendants until the filing of expert reports; therefore, this request is DENIED.; (2) With regard to Defendants' argument that Mr. Leinsing put forward a new doctrine of equivalents ("DOE") theory in paragraph 148 of his opening report, (D.I. 227, ex. A at para. 148), the Court does not find Mr. Leinsing's failure to earlier articulate this argument to be a violation of the Federal Rules. In their Final Infringement Contentions, Plaintiffs did note that they reserved the right to make a DOE argument as to this limitation; however, Plaintiffs explained that that they could not understand Defendants' non-infringement theory as to this limitation, and so they could not say more at that time. (D.I. 227, ex. E at 5-6) From what the Court can tell, Plaintiffs are correct that Defendants' prior articulation of the non-infringement theory was pretty sparse, (D.I. 278, ex. 2 at 16), and so the Court does not blame Plaintiffs for being earlier unable to substantively respond with regard to its DOE position. Therefore, this request is DENIED.; (3) With regard to Defendants' request to strike portions of Mr. Leinsing's reports relating to the '371 patent's claim 1 and '725 patents' claims 2 and 3, Defendants assert that, for the first time in his reply expert report, Mr. Leinsing referred to a particular structure as being part of the claimed "bushing." (D.I. 227 at 3) Defendants argue that this was a new argument, in that in paragraphs 145 and 150 of Mr. Leinsing's opening expert report, he claimed that this same structure was part of the coil shaft (and not part of the bushing). (Tr. at 40-41; see also D.I. 227, ex. A at paras 145, 150) The Court has reviewed paragraphs 145 and 150, and it simply does not understand how those paragraphs say what Defendants are asserting they say. Therefore, the Court cannot conclude that Mr. Leinsing made a "new" argument in his reply report, and so this request too is DENIED. Ordered by Judge Christopher J. Burke on 2/26/2021. (dlb) 282 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [257] MOTION to Preclude Testimony of Plaintiffs' Damages Expert John R. Bone filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 3/5/2021. (Farnan, Brian) 283 Filed & Entered: 02/26/2021 Declaration Docket Text: [SEALED] DECLARATION re [282] Answering Brief in Opposition, of Joseph J. Gribbin by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Farnan, Brian) 284 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [259] MOTION to Preclude the Opinions of Karl Leinsing filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 3/5/2021. (Farnan, Brian) 285 Filed & Entered: 02/26/2021 Declaration Docket Text: [SEALED] DECLARATION re [284] Answering Brief in Opposition, of Joseph J. Gribbin by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, Brian) 286 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [251] MOTION for Summary Judgment Noninfringement of U.S. Patent No. 7,094,245 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 3/5/2021. (Farnan, Brian) 287 Filed & Entered: 02/26/2021 Statement Docket Text: [SEALED] STATEMENT re [286] Answering Brief in Opposition, [Plaintiffs' Concise Counter-Statement of Facts in Opposition to Defendants' Concise Statement of Material Facts in Support of Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,094,245] by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 288 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [235] MOTION for Summary Judgment of Invalidity of U.S. Patent No. 8,974,371 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 3/5/2021. (Farnan, Brian) 289 Filed & Entered: 02/26/2021 Statement Docket Text: [SEALED] STATEMENT re [288] Answering Brief in Opposition, [Plaintiffs' Concise Counter-Statement of Facts in Opposition to Defendants' Concise Statement of Material Facts in Support of Motion for Summary Judgment of Invalidity of U.S. Patent No. 8,974,371] by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 290 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [246] MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 8,794,371 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 3/5/2021. (Farnan, Brian) 291 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: ANSWERING BRIEF in Opposition re [245] MOTION to Preclude the Testimony of Defendants' Expert Michael Plishka, filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Reply Brief due date per Local Rules is 3/5/2021. (Day, John) 292 Filed & Entered: 02/26/2021 Statement Docket Text: [SEALED] STATEMENT re [290] Answering Brief in Opposition, [Plaintiffs' Concise Counter-Statement of Facts in Opposition to Defendants' Concise Statement of Material Facts in Support of Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 8,974,371] by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 293 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [254] MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 3/5/2021. (Farnan, Brian) 294 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: ANSWERING BRIEF in Opposition re [237] MOTION for Summary Judgment that Kimura is Not Prior Art to the '245 patent filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Reply Brief due date per Local Rules is 3/5/2021. (Day, John) 295 Filed & Entered: 02/26/2021 Statement Docket Text: [SEALED] STATEMENT re [293] Answering Brief in Opposition, [Plaintiffs' Counter-Statement of Facts in Opposition to Defendants' Statement of Facts in Support of Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 9,980,725] by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 296 Filed & Entered: 02/26/2021 Statement Docket Text: STATEMENT re [239] Statement (Defendants' Response to Plaintiffs' Statement of Facts in Support of Motion for Partial Summary Judgment that Kimura is Not Prior Art to the '245 Patent) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 297 Filed & Entered: 02/26/2021 Answering Brief in Opposition Docket Text: ANSWERING BRIEF in Opposition re [241] MOTION for Summary Judgment that Certain References are Not Prior Art to the '371 and the '725 Patents filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Reply Brief due date per Local Rules is 3/5/2021. (Day, John) 298 Filed & Entered: 02/26/2021 Statement Docket Text: STATEMENT re [243] Statement, [244] Statement, (Defendants' Response to Plaintiffs' Statement of Facts on Motion for Partial Summary Judgment that Certain References are Not Prior Art to the '371 and '725 Patents) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 299 Filed & Entered: 02/26/2021 Declaration Docket Text: [SEALED] DECLARATION re [294] Answering Brief in Opposition, [297] Answering Brief in Opposition, (Declaration of John G. Day) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit 1-9, # (2) Exhibit 10, # (3) Exhibit 11-17, # (4) Exhibit 18-24, # (5) Exhibit 25-30)(Mayo, Andrew) 300 Filed & Entered: 03/01/2021 Redacted Document Docket Text: REDACTED VERSION of [278] Letter, by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) 301 Filed & Entered: 03/01/2021 Redacted Document Docket Text: REDACTED VERSION of [277] Letter by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit 1)(Farnan, Brian) 302 Filed & Entered: 03/01/2021 Redacted Document Docket Text: REDACTED VERSION of [279] Letter by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 303 Filed & Entered: 03/04/2021 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Defendants' motion to strike five different portions of the expert reports of Plaintiffs' expert Karl Leinsing ("Motion"), (D.I. 226), having held a teleconference with the parties regarding the Motion on February 22, 2021, and having already resolved the Motion as to portions one, three, four and five, hereby ORDERS as follows with regard to portion two, which relates to Mr. Leinsing's purportedly new opinion, contained in footnote 9 of his reply expert report (the "footnote"), (D.I. 227, ex. C at para. 125 n.9), regarding the claimed "clip assembly," (see D.I. 227 at 3; D.I. 229 at 3-4; D.I. 230 at 2; D.I. 278, ex. 1 at 126-135): (1) The Court agrees with Defendants' view that, between Plaintiffs' earlier submissions (i.e., Plaintiffs' Final Infringement Contentions and Mr. Leinsing's opening expert report) and Plaintiffs' later submission (Mr. Leinsing's reply report), Plaintiffs changed their position on what the claimed "clip assembly" containsspecifically, while Plaintiffs were earlier asserting that the "internal counterbores" were part of the clip assembly, (D.I. 227, ex. E at 3-4; id., ex. A at para. 140), in the footnote, Mr. Leinsing suggests that they need not be. Although Plaintiffs state that this change is not material to the infringement issue of whether the accused products have a clip assembly, (D.I. 229 at 4; Tr. at 61), so far as the Court can tell, the change actually does seem material to at least one other infringement issue (i.e., to Defendants' position that the presence of the internal counterbores impacts whether the accused products infringe claim element 1[e] of the '725 patent, relating to the positioning of the claimed "yoke arms"), (Tr. at 43-45, 60-65; D.I. 278, ex. 1 at para. 229). If the internal counterbores are not part of the claimed clip assembly, that is a position that Plaintiffs should have earlier disclosed.; (2) The Pennypack factors counsel in favor of exclusion, as a number of them favor Defendants. Factor one goes Defendants' way, as this change could well have been a surprise to Defendants (since Plaintiff had included the internal counterbores in multiple prior articulations of what constituted a clip assembly). It could also prejudice them, because previously, Defendants' expert Mr. Plishka simply accepted Mr. Leinsing's definition of what a clip assembly was, (D.I. 229, ex. 3 at 160-63); now, if there is a dispute on that front, Defendants would need to re-assess that issue, determine a rationale for why the clip assembly must include the internal counterbores, engage in additional discovery on that issue, and perhaps seek out new summary judgment briefing. (Tr. at 57 (Defendants' counsel noting that permitting Plaintiffs change in position would "completely change[] the arguments and strategy we would have taken... with respect to the clip assembly")) And this would all be happening at a point in the case where the parties are well into the summary judgment process and are preparing for trial (which is just a few months away). Factors two and three also favor Defendants, as while the exact scope of discovery on this "internal counterbores" issue is not clear to the Court, any significant amount of work at this stage could surely impact the trial schedule. (D.I. 230 at 2; Tr. at 58) And as to factor five, this too appears to favor Defendants (or at least is neutral) as Plaintiffs did not explain in their letter brief why the footnote was particularly important to their case, (D.I. 229 at 4), and at oral argument seemed to take the position that it was not particularly important, (Tr. at 53).; and (3) For all of the above reasons, the Court GRANTS Defendants' request to strike footnote 9 of Mr. Leinsing's reply report. Ordered by Judge Christopher J. Burke on 3/4/2021. (dlb) 304 Filed & Entered: 03/05/2021 Redacted Document Docket Text: REDACTED VERSION of [299] Declaration, (Declaration of John G. Day) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit 1-9, # (2) Exhibit 10, # (3) Exhibit 11-15, # (4) Exhibit 16-30)(Mayo, Andrew) 305 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [282] Answering Brief in Opposition, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 306 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [283] Declaration, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibits A-G)(Farnan, Brian) 307 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [284] Answering Brief in Opposition, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 308 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [285] Declaration, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibits A-H)(Farnan, Brian) 309 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [286] Answering Brief in Opposition, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 310 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [287] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 311 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [288] Answering Brief in Opposition, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 312 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [289] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 313 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [290] Answering Brief in Opposition, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 314 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [292] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 315 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [293] Answering Brief in Opposition, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 316 Filed & Entered: 03/08/2021 Redacted Document Docket Text: REDACTED VERSION of [295] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 317 Filed & Entered: 03/12/2021 Reply Brief Docket Text: [SEALED] REPLY BRIEF re [245] MOTION to Preclude the Testimony of Defendants' Expert Michael Plishka, filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) (Main Document 317 replaced on 3/15/2021) (dlb). 318 Filed & Entered: 03/12/2021 Reply Brief Docket Text: [SEALED] REPLY BRIEF re [237] MOTION for Summary Judgment that Kimura is Not Prior Art to the '245 patent filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 319 Filed & Entered: 03/12/2021 Statement Docket Text: [SEALED] STATEMENT re [318] Reply Brief Plaintiffs' Concise Reply-Statement of Facts In Support Of its Motion for Summary Judgment that Kimura is Not Prior Art to the `245 Patent by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 320 Filed & Entered: 03/12/2021 Reply Brief Docket Text: [SEALED] REPLY BRIEF re [241] MOTION for Summary Judgment that Certain References are Not Prior Art to the '371 and the '725 Patents filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 321 Filed & Entered: 03/12/2021 Statement Docket Text: [SEALED] STATEMENT re [320] Reply Brief, Plaintiffs' Reply to Defendants' Rebuttal Statement of Material Facts by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 322 Filed & Entered: 03/12/2021 Reply Brief Docket Text: [SEALED] REPLY BRIEF re [254] MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 323 Filed & Entered: 03/12/2021 Reply Brief Docket Text: REPLY BRIEF re [246] MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 8,794,371 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 324 Filed & Entered: 03/12/2021 Reply Brief Docket Text: REPLY BRIEF re [235] MOTION for Summary Judgment of Invalidity of U.S. Patent No. 8,974,371 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 325 Filed & Entered: 03/12/2021 Reply Brief Docket Text: REPLY BRIEF re [251] MOTION for Summary Judgment Noninfringement of U.S. Patent No. 7,094,245 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 326 Filed & Entered: 03/12/2021 Reply Brief Docket Text: REPLY BRIEF re [259] MOTION to Preclude the Opinions of Karl Leinsing filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 327 Filed & Entered: 03/12/2021 Reply Brief Docket Text: [SEALED] REPLY BRIEF re [257] MOTION to Preclude Testimony of Plaintiffs' Damages Expert John R. Bone filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) Filed & Entered: 03/15/2021 CORRECTING ENTRY: Docket Text: CORRECTING ENTRY: PDF at D.I. 317 has been corrected at the request of filer. (dlb) 328 Filed & Entered: 03/15/2021Terminated: 03/16/2021 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Martin J. Black - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) Filed & Entered: 03/16/2021 SO ORDERED Docket Text: SO ORDERED D.I. [328] MOTION for Pro Hac Vice Appearance of Attorney Martin J. Black filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 3/16/2021. (dlb) 329 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [317] Reply Brief, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 330 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [318] Reply Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 331 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [319] Statement, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 332 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [320] Reply Brief, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 333 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [321] Statement by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 334 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [322] Reply Brief by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) 335 Filed & Entered: 03/19/2021 Redacted Document Docket Text: REDACTED VERSION of [327] Reply Brief by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) 336 Filed & Entered: 03/23/2021 Letter Docket Text: Letter to The Honorable Stephanos Bibas from Andrew C. Mayo regarding Plaintiffs' Reply Statements of Fact submitted in connection with summary judgment briefing. (Mayo, Andrew) 337 Filed & Entered: 03/26/2021 Letter Docket Text: Letter to The Honorable Stephanos Bibas from Brian E. Farnan regarding Response to Defendants' March 23, 2021 Letter - re [336] Letter. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Farnan, Brian) Filed & Entered: 04/01/2021 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Martin J. Black for Boston Scientific Corporation,for Boston Scientific SciMed, 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. (myr) 338 Filed & Entered: 04/01/2021 Oral Order Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that counsel shall provide the Court with a joint status report on or before April 9, 2021. Submission to be done electronically. Signed by Judge Stephanos Bibas on 4/1/2021. (myr) 339 Filed & Entered: 04/09/2021 Notice to Take Deposition Docket Text: NOTICE to Take Deposition of Michael Plishka on 5/7/2021 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) 340 Filed & Entered: 04/09/2021 Status Report Docket Text: Joint STATUS REPORT by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 341 Filed & Entered: 04/12/2021Terminated: 04/21/2021 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Judah Bellin - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) 342 Filed & Entered: 04/12/2021 Notice Requesting Removal of Co-Counsel Docket Text: NOTICE requesting Clerk to remove Vi Tran as co-counsel.. (Farnan, Brian) 343 Filed & Entered: 04/13/2021 Order Setting Mediation Conferences Docket Text: ORAL ORDER Setting Mediation Conference: An ADR Telephone Conference is set for 4/26/2021 at 10:00 AM before Judge Christopher J. Burke. By no later than April 22, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 4/13/2021. (dlb) Filed & Entered: 04/21/2021 SO ORDERED Docket Text: SO ORDERED D.I. [341] MOTION for Pro Hac Vice Appearance of Attorney Judah Bellin filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 4/21/2021. (dlb) Filed & Entered: 04/22/2021 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Judah Bellin for Boston Scientific Corporation and Boston Scientific SciMed, 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) 344 Filed & Entered: 05/24/2021 Notice Requesting Removal of Co-Counsel Docket Text: NOTICE requesting Clerk to remove Joseph J. Gribbin as co-counsel.. (Farnan, Brian) 345 Filed & Entered: 06/07/2021 Order Setting Mediation Conferences Docket Text: ORAL ORDER Setting Mediation Conference: A Mediation Conference is set for 6/15/2021 at 10:00 AM before Judge Christopher J. Burke. To the extent this Order refers to an in-person appearance, the parties' participation shall be via telephone or via video conference. Counsel shall e-mail Deborah Benyo the Confidential Mediation statements (See Judge Burke's 6/4/2021 e-mail) by June 11, 2021 and provide the Court with the names of all participants and the appropriate video conference links or dial-in information as well as a link for the morning's joint mediation orientation by no later than the due date of the Confidential Mediation Statements. Ordered by Judge Christopher J. Burke on 6/7/2021. (dlb) 346 Filed & Entered: 06/11/2021 Notice of Service Docket Text: NOTICE OF SERVICE of Supplemental Expert Report of John R Bone filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) 347 Filed & Entered: 06/11/2021 Notice of Service Docket Text: NOTICE OF SERVICE of Notice Pursuant to 35 U.S.C. § 282 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Day, John) 348 Filed & Entered: 06/14/2021Terminated: 06/15/2021 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Nisha Patel - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) 349 Filed & Entered: 06/14/2021 Proposed Voir Dire Docket Text: Proposed Voir Dire by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 350 Filed & Entered: 06/14/2021 Proposed Jury Instructions Docket Text: Proposed Jury Instructions by Boston Scientific Corporation, Boston Scientific SciMed, Inc. Plaintiffs' Preliminary Jury Instructions. (Farnan, Brian) 351 Filed & Entered: 06/14/2021 Proposed Jury Instructions Docket Text: Proposed Jury Instructions by Boston Scientific Corporation, Boston Scientific SciMed, Inc. Plaintiffs' Final Jury Instructions. (Farnan, Brian) 352 Filed & Entered: 06/14/2021 Verdict Sheet Docket Text: VERDICT SHEET by Boston Scientific Corporation, Boston Scientific SciMed, Inc. . (Farnan, Brian) 353 Filed & Entered: 06/14/2021 Proposed Voir Dire Docket Text: Proposed Voir Dire by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 354 Filed & Entered: 06/14/2021 Proposed Jury Instructions Docket Text: Proposed Jury Instructions by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Defendants' [Proposed] Preliminary Jury Instructions). (Day, John) 355 Filed & Entered: 06/14/2021 Verdict Sheet Docket Text: VERDICT SHEET by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. . (Day, John) 356 Filed & Entered: 06/14/2021 Proposed Pretrial Order Docket Text: [SEALED] Proposed Pretrial Order by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Schedule 1, # (2) Schedule 2, # (3) Schedule 3, # (4) Schedule 4, # (5) Schedule 5, # (6) Schedule 6, # (7) Schedule 7, # (8) Schedule 8, # (9) Schedule 9, # (10) Schedule 9D, # (11) Schedule 10, # (12) Schedule 10P, # (13) Schedule 11, # (14) Schedule 12, # (15) Schedule 13, # (16) Schedule 14, # (17) Schedule 15, # (18) Schedule 16)(Farnan, Brian) 357 Filed & Entered: 06/14/2021 Proposed Jury Instructions Docket Text: Proposed Jury Instructions by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Defendants' [Proposed] Final Jury Instructions). (Day, John) Filed & Entered: 06/15/2021 Oral Order Docket Text: ORAL ORDER: Nisha Patels motion to appear pro hac vice [348] on behalf of plaintiffs Boston Scientific Corp. & Boston Scientific Scimed, Inc. is GRANTED. Signed by Judge Stephanos Bibas on 06/15/2021. (smg) Filed & Entered: 06/16/2021 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Nisha Patel for Boston Scientific Corporation and Boston Scientific SciMed, 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) Filed & Entered: 06/16/2021 Oral Order Docket Text: ORAL ORDER, The pretrial conference and trial date are postponed indefinitely, pending resolution of the parties' Daubert and summary-judgment motions. Entered by Judge Stephanos Bibas on 6/16/2021. (nmg) 358 Filed & Entered: 06/21/2021Terminated: 06/22/2021 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME to submit the redacted version of the Joint Proposed Pretrial Order to 6/28/2021 - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) Filed & Entered: 06/22/2021 Oral Order Docket Text: ORAL ORDER: The deadline to submit the Joint Proposed Pretrial Order is extended to June 28, 2021. Signed by Judge Stephanos Bibas on 06/22/2021. (smg) 359 Filed & Entered: 06/28/2021 Redacted Document Docket Text: REDACTED VERSION of [356] Proposed Pretrial Order, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Schedules 1-16)(Farnan, Brian) Filed & Entered: 08/04/2021 Oral Order Docket Text: ORAL ORDER: To assist with the parties' summary judgment and Daubert motions, I will hold a one-hour oral argument by Zoom in the week starting Monday, August 23. By close of business on Friday, August 6, I ORDER the parties to submit a list of dates and times that they are unavailable for argument. Entered by Judge Stephanos Bibas on 8/4/2021. (nmg) 360 Filed & Entered: 08/06/2021 Letter Docket Text: Letter to The Honorable Stephanos Bibas from Brian E. Farnan regarding Response to the Court's August 4, 2021 Oral Order - re Oral Order,. (Farnan, Brian) Filed & Entered: 08/10/2021 Oral Order Docket Text: ORAL ORDER: I ORDER the parties to attend a one-hour oral argument by Zoom, starting at 2:30PM on Wednesday, August 25. The parties should be prepared to discuss all the issues raised in their summary judgment and Daubert motions. Ordered by Judge Stephanos Bibas on 8/10/2021. (kmd) 361 Filed & Entered: 08/17/2021 Notice (Other) Docket Text: NOTICE of Subsequent Authority by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit A)(Farnan, Michael) 362 Filed & Entered: 08/23/2021 Notice (Other) Docket Text: NOTICE of Subsequent Authorities by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Attachments: # (1) Exhibit A-B)(Day, John) Filed & Entered: 08/24/2021 Oral Order Docket Text: ORAL ORDER, The parties have asked me to delay the hearing scheduled for Wednesday, August 25 to assist their settlement negotiations. I will do so. The hearing is postponed. I ORDER the parties to provide a status update by Tuesday, September 21, at noon. Entered by Judge Stephanos Bibas on 8/24/2021. (nmg) 363 Filed & Entered: 09/21/2021 Letter Docket Text: Letter to The Honorable Stephanos Bibas from Brian E. Farnan regarding Status Report. (Farnan, Brian) Filed & Entered: 09/22/2021 Oral Order Docket Text: ORAL ORDER: The parties have asked for more time to negotiate a settlement. I will allow it. I ORDER them to provide a further status update by close of business on Wednesday, October 13, 2021. Entered by Judge Stephanos Bibas on 09/22/2021. (smg) Filed & Entered: 11/30/2021 Oral Order Docket Text: ORAL ORDER: On October 13, 2021, the parties told this Court that they had reached a settlement, but they have not yet filed a stipulation of dismissal. I ORDER them to provide a status update by close of business on Wednesday, December 1. Signed by Judge Stephanos Bibas on 11/30/2021. (mal) 364 Filed & Entered: 12/01/2021 Status Report Docket Text: [SEALED] Joint STATUS REPORT by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit 1-3)(Day, John) Filed & Entered: 12/02/2021 Oral Order Docket Text: ORAL ORDER: To help the parties resolve a dispute over the terms of their settlement agreement, I ORDER them to go to mediation. The Clerks Office is directed to refer this case to Magistrate Judge Burke. Signed by Judge Stephanos Bibas on 12/2/2021. (myr) 365 Filed & Entered: 12/02/2021 Order Setting Mediation Conferences Docket Text: ORAL ORDER Setting Mediation Conference: A Telephone Conference is set for 12/8/2021 at 01:00 PM before Judge Christopher J. Burke. The parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 12/2/2021. (dlb) 366 Filed & Entered: 12/08/2021 Redacted Document Docket Text: REDACTED VERSION of [364] Status Report by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) 367 Filed & Entered: 01/05/2022 Stipulation of Dismissal Docket Text: STIPULATION of Dismissal by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) 368 Filed & Entered: 01/13/2022 Stipulation and Order Docket Text: STIPULATED DISMISSAL ORDER, Case Closed. Signed by Judge Stephanos Bibas on 01/13/2022. (smg) 369 Filed & Entered: 01/13/2022 Patent/Trademark Report to Commissioner Docket Text: Final Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,980,725 B2 ; US 7,094,245 B2 ; US 8,974,371 B2. (smg) |
| Feb 5, 2021 | 235 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment of Invalidity of U.S. Patent No. 8,974,371 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 235 | Motion for Summary Judgment (Text of Proposed Order) (2) Docket Text: MOTION for Summary Judgment of Invalidity of U.S. Patent No. 8,974,371 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 237 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment that Kimura is Not Prior Art to the '245 patent - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) |
| Feb 5, 2021 | 237 | Motion for Summary Judgment (Text of Proposed Order) (2) Docket Text: MOTION for Summary Judgment that Kimura is Not Prior Art to the '245 patent - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) |
| Feb 5, 2021 | 241 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment that Certain References are Not Prior Art to the '371 and the '725 Patents - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) |
| Feb 5, 2021 | 241 | Motion for Summary Judgment (Text of Proposed Order) (2) Docket Text: MOTION for Summary Judgment that Certain References are Not Prior Art to the '371 and the '725 Patents - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) |
| Feb 5, 2021 | 245 | Motion to Preclude (Main Document) (2) Docket Text: MOTION to Preclude the Testimony of Defendants' Expert Michael Plishka, - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) Modified on 2/8/2021 (nmf). |
| Feb 5, 2021 | 245 | Motion to Preclude (Text of Proposed Order) (2) Docket Text: MOTION to Preclude the Testimony of Defendants' Expert Michael Plishka, - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) Modified on 2/8/2021 (nmf). |
| Feb 5, 2021 | 246 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 8,794,371 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 246 | Motion for Summary Judgment (Text of Proposed Order) (2) Docket Text: MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 8,794,371 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 248 | Opening Brief in Support (20) Docket Text: OPENING BRIEF in Support re [246] MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 8,794,371 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 2/19/2021. (Mayo, Andrew) |
| Feb 5, 2021 | 249 | Statement (14) Docket Text: STATEMENT re [246] MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 8,794,371 (Defendants' Concise Statement of Material Facts in Support of Their Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 8,974,371) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Feb 5, 2021 | 251 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment Noninfringement of U.S. Patent No. 7,094,245 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 251 | Motion for Summary Judgment (Text of Proposed Order) (2) Docket Text: MOTION for Summary Judgment Noninfringement of U.S. Patent No. 7,094,245 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 252 | Opening Brief in Support (22) Docket Text: OPENING BRIEF in Support re [251] MOTION for Summary Judgment Noninfringement of U.S. Patent No. 7,094,245 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 2/19/2021. (Mayo, Andrew) |
| Feb 5, 2021 | 253 | Statement (9) Docket Text: STATEMENT re [251] MOTION for Summary Judgment Noninfringement of U.S. Patent No. 7,094,245 (Defendants' Statement of Facts In Support of Their Motion for Summary Judgment of Noninfringement of U.S. Patent No. 7,094,245) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Feb 5, 2021 | 254 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 254 | Motion for Summary Judgment (Text of Proposed Order) (2) Docket Text: MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Feb 5, 2021 | 255 | Opening Brief in Support (20) Docket Text: OPENING BRIEF in Support re [254] MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 2/19/2021. (Mayo, Andrew) |
| Feb 5, 2021 | 256 | Statement (10) Docket Text: STATEMENT re [254] MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725 (Defendants' Statement of Facts in Support of Their Motion for Summary Judgment of Noninfringement of U.S. Patent No. 9,980,725) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Feb 5, 2021 | 257 | Motion to Preclude (Main Document) (3) Docket Text: MOTION to Preclude Testimony of Plaintiffs' Damages Expert John R. Bone - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) Modified on 2/8/2021 (nmf). |
| Feb 5, 2021 | 257 | Motion to Preclude (Text of Proposed Order) (1) Docket Text: MOTION to Preclude Testimony of Plaintiffs' Damages Expert John R. Bone - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) Modified on 2/8/2021 (nmf). |
| Feb 5, 2021 | 259 | Motion to Preclude (Main Document) (2) Docket Text: MOTION to Preclude the Opinions of Karl Leinsing - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) Modified on 2/8/2021 (nmf). (Additional attachment(s) added on 2/10/2021: # (2) Certification Pursuant to Local Rule 7.1.1) (nmf, ). |
| Feb 5, 2021 | 259 | Motion to Preclude (Text of Proposed Order) (2) Docket Text: MOTION to Preclude the Opinions of Karl Leinsing - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) Modified on 2/8/2021 (nmf). (Additional attachment(s) added on 2/10/2021: # (2) Certification Pursuant to Local Rule 7.1.1) (nmf, ). |
| Feb 5, 2021 | 259 | Motion to Preclude (Certification Pursuant to Local Rule 7.1.1) (1) Docket Text: MOTION to Preclude the Opinions of Karl Leinsing - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) Modified on 2/8/2021 (nmf). (Additional attachment(s) added on 2/10/2021: # (2) Certification Pursuant to Local Rule 7.1.1) (nmf, ). |
| Feb 5, 2021 | 260 | Opening Brief in Support (11) Docket Text: OPENING BRIEF in Support re [259] MOTION to Preclude the Opinions of Karl Leinsing filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 2/19/2021. (Mayo, Andrew) |
| Feb 5, 2021 | 262 | Notice of Filing Multi Media Materials (2) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 20 (Accused Product Video (BSC-MT-004624) and Exhibit 49 (Impact of Distal Pin Video) to the Declaration of John G. Day in Support of Defendants' Motions for Summary Judgement and Motions to Exclude. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by John G. Day on behalf of Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. (Day, John) |
| Feb 1, 2021 | 234 | Redacted Document (4) Docket Text: REDACTED VERSION of [230] Reply Brief by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Jan 29, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The minute entry has been deleted as it was filed in this case in error. (nmf) |
| Jan 27, 2021 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Hearing on Motion D.I. 226 MOTION to Strike: The Court, having reviewed the parties' January 25, 2021 letter, (D.I. 231), hereby ORDERS that a teleconference to hear argument regarding Defendants' Motion to Strike is set for February 22, 2021 at 12:00 p.m. before Judge Christopher J. Burke. By no later than February 18, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call. Ordered by Judge Christopher J. Burke on 1/27/2021. (dlb) |
| Jan 27, 2021 | 233 | Redacted Document (Main Document) (8) Docket Text: REDACTED VERSION of [229] Letter, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibits 1-10)(Farnan, Brian) |
| Jan 27, 2021 | 233 | Redacted Document (Exhibits 1-10) (20) Docket Text: REDACTED VERSION of [229] Letter, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibits 1-10)(Farnan, Brian) |
| Jan 25, 2021 | 231 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding request for argument in connection with motion to strike - re [226] MOTION to Strike Previously Undisclosed Theories in Expert Reports of Karl Leinsing. (Mayo, Andrew) |
| Jan 20, 2021 | 228 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [227] Opening Brief in Support, by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A-I)(Mayo, Andrew) |
| Jan 20, 2021 | 228 | Redacted Document (Exhibit A-I) (18) Docket Text: REDACTED VERSION of [227] Opening Brief in Support, by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A-I)(Mayo, Andrew) |
| Jan 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [225] Stipulation to extend page-limits by 1-page per side in connection with motion to strike filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd. Ordered by Judge Christopher J. Burke on 1/13/2021. (dlb) |
| Jan 13, 2021 | 225 | Stipulation (2) Docket Text: STIPULATION and proposed order to extend page-limits by 1-page per side in connection with motion to strike by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Jan 13, 2021 | 226 | Motion to Strike (2) Docket Text: MOTION to Strike Previously Undisclosed Theories in Expert Reports of Karl Leinsing - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. Motions referred to Christopher J. Burke.(Mayo, Andrew) |
| Jan 5, 2021 | 223 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dr. Oleh Haluszka, M.D. on January 7, 2021 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jan 5, 2021 | 224 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of John R. Bone, CPA, CFF on January 8, 2021 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jan 4, 2021 | 219 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Gary Reiss on 1/15/2021 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Jan 4, 2021 | 220 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Michael K. Milani on 1/14/2021 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Jan 4, 2021 | 221 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Michael Plishka on 1/6/2021 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Jan 4, 2021 | 222 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dr. Morton O. Jensen on 1/11/2021 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Dec 21, 2020 | 218 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Reply Expert Report of Dr. Morten O. Jensen Regarding Invalidity of United States Patent Nos. 7,094,245; 8,974,371; and 9,980,725 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Dec 17, 2020 | 217 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Reply Expert Report of Dr. Oleh Haluszka, M.D.; (ii) Reply Expert Report of John R. Bone, CPA, CFF; and (iii) Reply Expert Report of Karl R. Leinsing, MSME, PE regarding Infringement of U.S. Patent Nos. 7,094,245; 8,974,371; and 9,980,725 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Dec 8, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Defendants' unsolicited, five-page letter (D.I. [209]) is STRUCK for failure to comply with, among other things, Rule 72(b)(2) and the Scheduling Order's requirement that any applications to the Court not specifically contemplated in the Order shall be made by written motion. I will note for the parties' consideration that I reread the transcript of the claim construction hearing and that I do not think my claim constructions were ambiguous. I also think I unambiguously rejected certain proposed constructions. If an expert opinion relies on a claim construction that I rejected or that is different from my construction, I will ignore the expert opinion in summary judgment briefing and will not allow the opinion to be presented at trial. I have not considered the merits of Defendants' letter and have no opinion about whether Plaintiffs' expert has relied on a rejected claim construction or a construction that differs from my claim construction. Ordered by Judge Colm F. Connolly on 12/8/2020. (nmf) |
| Dec 7, 2020 | 215 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Rebuttal Expert Report of Karl R. Leinsing, MSME, PE Regarding Validity of U.S. Patent Nos. 7,094,245; 8,974,371; and 9,980,725 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Dec 7, 2020 | 216 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Rebuttal Expert Report of Michael Plishka Regarding Noninfringement filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Dec 4, 2020 | 213 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Expert Report of Gary Weiss, M.D. filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Dec 4, 2020 | 214 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Expert Report of Michael K. Milani filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Nov 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [211] Stipulation filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 11/9/2020. (dlb) |
| Nov 9, 2020 | 212 | Redacted Document (8) Docket Text: REDACTED VERSION of [209] Letter by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Nov 6, 2020 | 210 | Letter (2) Docket Text: Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Response to Defendants' November 2, 2020 Letter - re [209] Letter. (Farnan, Brian) |
| Nov 6, 2020 | 211 | Stipulation (2) Docket Text: STIPULATION Extending Deadlines by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Farnan, Brian) |
| Nov 3, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: DI#209 main document replaced per counsel's request. (cna, ) |
| Oct 26, 2020 | 208 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Expert Report of John R. Bone, CPA, CFF; (ii) Opening Expert Report of Karl R. Leinsing regarding Infringement of U.S. Patent Nos. 7,094,245, 8,974,371, and 9,980,725; and (iii) Expert Report of Dr. Oleh Haluszka, M.D. filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Farnan, Brian) |
| Oct 20, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' October 19, 2020 letter, (D.I. 206), in which Defendants write to advise the Court of the parties' resolution of the outstanding issue regarding the Cook litigation, (D.I. 190), hereby cancels the November 9, 2020 teleconference, (D.I. 195), and cancels the associated deadlines, (D.I. 200). Ordered by Judge Christopher J. Burke on 10/20/2020. (dlb) |
| Oct 19, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' motion to strike ("Motion") portions of Plaintiffs' final infringement contentions ("FIC"), (D.I. 168), and the parties' letter briefing related thereto, (D.I. 169; D.I. 170; D.I. 174), hereby ORDERS as follows with regard to the remainder of the Motion that has not already been decided, (see D.I. 197): (1) With regard to Defendant's request that Plaintiffs' FICs regarding the term "breakable link... adapted to be broken[,]" be stricken, (D.I. 169 at 2), it is DENIED. The Court did not construe this term, and Defendant has not convinced the Court that Plaintiffs are using the term in a way that necessarily is counter to the District Judge's construction. While the District Judge made clear that the breakable link cannot "break through deformation[,]" (D.I. 169, Tab 2 at 32), the Court is not certain that "plastic deformation that results in fracturing[,]" (D.I. 170 at 3 (emphasis omitted)), is the exact same thing.; (2) With regard to Defendant's request that Plaintiffs' FICs regarding the term "connecting member" be stricken, (D.I. 169 at 2), it is DENIED. The Court is in no position to definitively conclude that Plaintiffs' interpretation of the word "bias" in the District Court's construction is the wrong one, as Defendants ask, (D.I. 174 at 2); if anything, this sounds like either a further issue for claim construction, or an infringement/non-infringement issue.; (3) With regard to Defendants' request that certain of Plaintiffs' FICs regarding the '245 patent be stricken, (D.I. 169 at 3), it is DENIED. Plaintiffs articulated how they had asserted that the relevant hooks were designed to fracture, (D.I. 170 at 5), and Defendants did not explain why that assertion is insufficient at this stage, (D.I. 174 at 2).; and (4) With regard to Defendants' request that Plaintiffs' FICs regarding the doctrine of equivalents be stricken, (D.I. 169 at 3), it is DENIED, for the reasons set out by Plaintiffs, (D.I. 170 at 5). Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb) |
| Oct 19, 2020 | 206 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding resolution of dispute related to expert report production from Cook litigation and request to remove deadline and hearing from Court's calendar. (Mayo, Andrew) |
| Oct 16, 2020 | 204 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Supplemental Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd., and Henry Schein Inc.'s Second Set of Requests for Admission (Nos. 9, 12, 14, 16, 17) filed by Boston Scientific Corporation.(Farnan, Michael) |
| Oct 15, 2020 | 202 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Boston Scientific Corporation, Boston Scientific SciMed, Inc.: Entry of appearance of attorney Michael J. Farnan. Attorney Young Conaway Stargatt & Taylor LLP terminated. (Farnan, Michael) |
| Oct 15, 2020 | 203 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Brian E. Farnan on behalf of Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Farnan, Brian) |
| Oct 14, 2020 | 198 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding submission of amended protective order and request to extend deadline for defendants in the Cook litigation to submit an opposition to Defendants' Motion from October 15, 2020 to October 20, 2020. (Mayo, Andrew) |
| Oct 14, 2020 | 199 | Proposed Order (20) Docket Text: PROPOSED ORDER (Second Amended Protective Order) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Oct 14, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' letter asking the Court to extend Cook's deadline to oppose Defendants discovery dispute motion, (D.I. [198]), hereby GRANTS the request and sets the deadline of October 20, 2020 for Cook to respond. Ordered by Judge Christopher J. Burke on 10/14/2020. (mlc) |
| Oct 14, 2020 | 201 | Protective Order (20) Docket Text: SECOND AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 10/14/2020. (mlc) |
| Oct 13, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' motion to strike ("Motion") portions of Plaintiffs' final infringement contentions ("FIC"), (D.I. [168]), and the parties' letter briefing related thereto, (D.I. 169; D.I. 170; D.I. 174), and determining that oral argument is unnecessary and thus that the parties' request for argument be DENIED, (D.I. 175), hereby ORDERS as follows with regard to the Motion: (1) With respect to Defendants' request to strike FICs asserting indirect infringement of the '371 and '725 patents, it is GRANTED. It is undisputed that Plaintiffs have never pleaded indirect infringement of these patents, (D.I. 170 at 1), and so any portion of their FICS that relate to that subject matter are simply about infringement claims that are not a part of this case. Although they have not filed a formal motion seeking to amend their currently operative complaint to include such claims, to the extent Plaintiffs suggest they would do so in the future, any such motion would be denied. The Scheduling Order set the deadline for amendment of pleadings as June 12, 2020, (D.I. 29 at 2), and we are now more than four months past that deadline (and were more than two months past that deadline during briefing on this Motion). In light of this, Plaintiffs could not demonstrate good cause to alter that deadline now, as they have not been diligent in moving to amend, see Lipocine Inc. v. Clarus Therapeutics, Inc., C.A. No. 19-622 (WCB), 2020 WL 4794576, at *3 (D. Del. Aug. 18, 2020), because: (1) Plaintiffs did not move to amend their complaint between April 30, 2020 (the date Defendants made an argument in their supplemental interrogatory responses that is said to have triggered Plaintiffs' assertions of indirect infringement that are at issue here) and July 31, 2020 (the date when Plaintiffs served their FICs); and (2) Plaintiffs did not do so at any point thereafter. (D.I. 169 at 1; D.I. 170 at 1) In light of this, and the fact that Plaintiffs make no specific arguments about why the Pennypack factors would apply or would save these claims (nor can the Court see how they would, in light of the prejudice to Defendants and the relative lack of importance that this "third-tier alternative argument" has to Plaintiffs' case), (D.I. 170 at 1), Plaintiffs' relevant FICs should be stricken.; (2) With respect to Defendants' request to strike FICs asserting infringement of claim 9 of the '371 patent, it is DENIED. In its prior Order on June 24, 2020, the Court noted that Plaintiffs had done enough to plausibly plead direct infringement of at least one claim of the '371 patent, claim 8 (though Plaintiffs had not done so as to claim 9). (D.I. 136) In light of prior precedent from this Court, see, e.g., Liqwd, Inc v. L'Oreal USA, Inc., Civil Action No. 17-14-JFB-SRF, 2019 WL 366223, at *4 (D. Del. Jan. 30, 2019), Defendants' argument here is not that Plaintiffs are unable to assert claim 9 by including direct infringement allegations as to that claim in Plaintiffs' infringement contentions. (D.I. 170 at 1 & n.1) Instead, Defendants' argument seems to be that these portions of the FICs should be stricken because in them, Plaintiffs did not deal with "the substance" of the Court's prior June 24 Order, in that the FICs amount to "repetition of [the] same allegations" about claim 9 that the Court found wanting in that Order. (D.I. 174 at 1) But in the Court's view, that is not so. In its June 24 Order, the Court explained that Plaintiffs had made no effort in their proposed amended complaint (or the briefing related thereto) to specifically explain how claim 9's unique "feature configured to mate" limitation was satisfied. (D.I. 136) But in the FICs, Plaintiffs have better set out their argument in this regard. (D.I. 169, Tab 1 at ex. B at 5, 9, 11) And Defendants do not explain why Plaintiffs' contentions there are insufficiently descriptive so as to warrant striking the FICs regarding claim 9.; (3) The Court will address the remaining portions of the Motion in a separate Oral Order(s). Ordered by Judge Christopher J. Burke on 10/13/2020. (mlc) |
| Oct 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I.[191] MOTION for Pro Hac Vice Appearance of Attorney Vi Tran filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 10/9/2020. (dlb) |
| Oct 9, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion ("Motion"), (D.I. 190), and the briefing related thereto, (D.I. 189; D.I. 193), and having heard argument on October 5, 2020, hereby ORDERS as follows with regard to Defendants' request that Plaintiffs be required to either admit or deny Defendants' Requests for Admission ("RFA") 6-17 and 20, (D.I. 189 at 2-3): (1) With regard to RFAs 6-12 and 14-15, Defendants' request is GRANTED-IN-PART. Plaintiffs are correct that RFAs should be fairly simple and direct, and should not require the responding party to divine the meaning of vague or ambiguous phrases found in the RFAs. See Tulip Computs. Int'l B.V. v. Dell Comput. Corp., 210 F.R.D. 100, 107-08 (D. Del. 2002). And here, many of these RFAs do utilize either technical terms that are in dispute in the litigation or terms that are somewhat vague in their meaning. See Baxalta Inc. v. Bayer Healthcare LLC, C.A. No. 17-1316-RGA-SRF, Oral Order (D. Del. Sept. 9, 2020). Defendants assert that these RFAs are not hard to answer because they "copy and paste language directly from Plaintiffs' Final Infringement Contentions" and "come[] directly from Plaintiffs' own Infringement Contentions." (D.I. 189 at 2) The Court has reviewed the highlighted portion of those contentions provided by Defendants and determines that with regard to RFA 9, (D.I. 189; ex. F at 6, id., ex. G at ex. A at 11-12), RFA 12, (id., ex. F at 9; id., ex. G at ex. C at 7), and RFA 14, (id., ex. F at 10; id., ex. G at ex. A at 4), that assertion is correct (i.e., that Plaintiffs used identical or nearly identical phraseology in their contentions, such that they have an understanding, in at least that context, as to what these words mean). Thus, as to those three RFAs, the Court GRANTS the request, as it agrees that Plaintiffs should have a sufficient understanding of what they are being asked such that they can admit or deny or "qualify an answer or deny only a part of a matter[.]" Fed. R. Civ. P. 36(a)(4). Plaintiffs shall supplement their answers to these RFAs in this way by October 16, 2020. However, with regard to the remainder of the RFAs, they do not seem to "copy and paste" language from Plaintiffs' contentions, and instead include other technical or ambiguous terminology. Therefore the Court DENIES Defendants' request as to RFAs 6-8, 10-11 and 15.; (2) With respect to RFAs 13 and 20, the Court DENIES Defendants' request. Defendants asserted that these RFAs (which appear to contain language that is technical and/or vague) are in fact clear because they include "phrases [that] come from Plaintiffs' corporate witness[.]" (D.I. 189 at 3) But Defendants have not provided the Court with the testimony of this witness, and so the Court has no basis on which to agree with Defendants.; and (3) With respect to RFAs 16-17, the request is GRANTED-IN-PART. Both RFAs contain the phrase "Olympus Clip Fixing Devices" and Defendants are correct that Plaintiffs used that same phrase to describe certain products in Plaintiffs' 501(k) submission. (D.I. 189 at 3; id., ex. H at 1) So at least as used in that context, Plaintiffs should have an understanding of what the term means. And the Court disagrees that the phrases "series devices" or "were known and used in the United States are vague and ambiguous, (D.I. 193 at 3); they do not seem like difficult concepts to comprehend, and indeed, Plaintiffs used the latter phraseology in responding to the RFAs, (D.I. 189, ex. F at 12-13); Integra Lifesciences Corp. v. Hyperbranch Med. Tech., Inc., Civil Action No. 15-819-LPS-CJB, 2017 WL 11558094, at *7 (D. Del. Oct. 3, 2017). So as to these two RFAs, the Court orders that by no later than October 16, 2020, Plaintiffs shall supplement their answers to admit or deny or "qualify an answer or deny only a part of a matter[.]" Fed. R. Civ. P. 36(a)(4).Ordered by Judge Christopher J. Burke on 10/9/2020. (dlb) |
| Oct 6, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORDER Setting Teleconference: The Court, having reviewed Defendants' discovery dispute motion ("Motion"), (D.I. 190), and the briefing related thereto, (D.I. 189; D.I. 193), and having heard argument on October 5, 2020, hereby ORDERS as follows with regard to Defendants' request that Plaintiffs produce the unredacted reports of their expert, John R. Bone, that were served in related litigation (the "Cook Litigation"), (D.I. 189 at 1-2): (1) The Court believes that fairness dictates that Cook Group Inc., et al. ("Cook"), the Defendants in the Cook Litigation, should have the ability to be heard regarding this dispute.; (2) Thus, by no later than October 7, 2020, Plaintiffs shall provide counsel for Cook notice of this Order, as well as a copy of the briefing regarding the Motion.; (3) To the extent that Cook seeks to contest Defendants Motion, its counsel shall enter an appearance on its behalf and file a letter brief of no more than three single-spaced pages, explaining its opposition thereto, by no later than October 15, 2020.; (4) Defendants may file a responsive letter brief of no more than three single-spaced pages by no later than October 23, 2020.; (5) A teleconference (assuming Cook opposes the Motion) is scheduled for November 9, 2020 at 11:00 am; (6) Cook and Defendants shall jointly file a Motion for Teleconference to Resolve Discovery Dispute; and (7) By no later than November 6, 2020, Cook and Defendants shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 10/6/2020. (dlb) |
| Oct 5, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Conference held on 10/5/2020. The Court heard the parties' arguments regarding Defendants discovery dispute motion, D.I. 189. The Court took the matter under advisement and will issue an order. Clerk: RC for K. Sforza Appearances: For Plaintiffs is P. Kraman,R. Rhoad and D. Roberts; For the Defendant is A. Mayo C. Higgins and S. Routh. (Court Reporter Valerie Gunning) (dlb) |
| Oct 5, 2020 | 194 | Redacted Document (Main Document) (7) Docket Text: REDACTED VERSION of [193] Letter, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit 1-7)(Kraman, Pilar) |
| Oct 5, 2020 | 194 | Redacted Document (Exhibit 1-7) (30) Docket Text: REDACTED VERSION of [193] Letter, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit 1-7)(Kraman, Pilar) |
| Sep 25, 2020 | 192 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [189] Letter by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A-H, # (2) Text of Proposed Order)(Mayo, Andrew) |
| Sep 25, 2020 | 192 | Redacted Document (Exhibit A-H) (30) Docket Text: REDACTED VERSION of [189] Letter by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A-H, # (2) Text of Proposed Order)(Mayo, Andrew) |
| Sep 25, 2020 | 192 | Redacted Document (Text of Proposed Order) (1) Docket Text: REDACTED VERSION of [189] Letter by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A-H, # (2) Text of Proposed Order)(Mayo, Andrew) |
| Sep 22, 2020 | 191 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vi Tran - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. Motions referred to Christopher J. Burke.(Picollelli, Nicholas) |
| Sep 18, 2020 | 190 | Motion for Miscellaneous Relief (2) Docket Text: MOTION to resolve discovery dispute - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. Motions referred to Christopher J. Burke.(Mayo, Andrew) |
| Sep 17, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed the Defendants' September 16, 2020 letter requesting to brief a second discovery dispute. (D.I. [187]) It hereby ORDERS that Defendants may add the additional issue into their opening letter brief on September 18, 2020. Ordered by Judge Christopher J. Burke on 9/17/2020. (mlc) |
| Sep 16, 2020 | 187 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding request to brief second discovery dispute in September 18, 2020 letter in connection with October 5, 2020 discovery dispute teleconference. (Mayo, Andrew) |
| Sep 11, 2020 | 186 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Fifth Supplemental Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Interrogatories (No. 4); 2) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Third Supplemental Responses and Objections to Defendants' Third Set of Interrogatories (Nos. 11, 13), and 3) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd.'s, and Henry Schein Inc.'s Second Set of Requests for Admission (Nos. 6-20) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Picollelli, Nicholas) |
| Sep 10, 2020 | 185 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech (Nanjing) Co., Ltd. and Micro-Tech Endoscopy USA Inc.'s Supplemental Responses to Plaintiffs' First and Second Sets of Common Interrogatories and Defendant Henry Schein Inc.'s Supplemental Responses to Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First and Second Sets of Common Interrogatories filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Sep 8, 2020 | 182 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Danielle Bogartz on September 11, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Sep 8, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: The Court has reviewed the parties' September 4, 2020 letter requesting a discovery teleconference regarding Defendants disputes. (D.I. 181) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 29), will be modified as follows with regard to these disputes: (1) A discovery dispute teleconference is set for October 5, 2020 at 3:00 PM before Judge Christopher J. Burke.; (2) By no later than September 18, 2020, Defendants shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues as to the disputes they are raising.; (3) By no later than September 28, 2020, the side opposing relief may file an answering letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition to the opening letter brief of the other side.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than October 1, 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. Ordered by Judge Christopher J. Burke on 9/8/2020. (dlb) |
| Sep 8, 2020 | 184 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporations and Boston Scientific Scimed, Inc.s Fourth Supplemental Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.s and Henry Schein Inc.s Interrogatories (No. 5) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Picollelli, Nicholas) |
| Sep 4, 2020 | 181 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding request for discovery dispute telephone conference. (Mayo, Andrew) |
| Sep 2, 2020 | 178 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Vance Brown on September 9, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Sep 2, 2020 | 179 | Redacted Document (9) Docket Text: REDACTED VERSION of [170] Letter, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Sep 2, 2020 | 180 | Redacted Document (30) Docket Text: REDACTED VERSION of [171] Exhibit to a Document, - Exhibits A-D - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Aug 31, 2020 | 174 | Reply Brief (4) Docket Text: REPLY BRIEF re [168] MOTION to Strike Plaintiffs' Final Infringement Contentions filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Aug 31, 2020 | 175 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding request for teleconference regarding motion to strike - re [168] MOTION to Strike Plaintiffs' Final Infringement Contentions. (Mayo, Andrew) |
| Aug 31, 2020 | 176 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Aug 31, 2020 | 177 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 28, 2020 | 172 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd., and Henry Schein Inc.'s First Set of Requests for Admission (Nos. 1-5) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Aug 28, 2020 | 173 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporations and Boston Scientific Scimed, Inc.s Supplemental Responses and Objections to Defendants Third Set of Interrogatories (No. 11) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Aug 19, 2020 | 168 | Motion to Strike (2) Docket Text: MOTION to Strike Plaintiffs' Final Infringement Contentions - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. Motions referred to Christopher J. Burke.(Day, John) |
| Aug 19, 2020 | 169 | Opening Brief in Support (Main Document) (5) Docket Text: OPENING BRIEF in Support re [168] MOTION to Strike Plaintiffs' Final Infringement Contentions filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 9/2/2020. (Attachments: # (1) Exhibit 1-2)(Day, John) |
| Aug 19, 2020 | 169 | Opening Brief in Support (Exhibit 1-2) (30) Docket Text: OPENING BRIEF in Support re [168] MOTION to Strike Plaintiffs' Final Infringement Contentions filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 9/2/2020. (Attachments: # (1) Exhibit 1-2)(Day, John) |
| Aug 12, 2020 | 167 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Second Set of Requests for Admission filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 11, 2020 | 166 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Claudia Schulz on August 14, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 7, 2020 | 165 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Notice of Subpoena filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 156 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Third Supplemental Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Interrogatories (Nos. 2, 4, 7 and 9), and 2) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Supplemental Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd.'s and Henry Schein Inc.'s Third Set of Interrogatories (No. 12) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Aug 3, 2020 | 157 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of William C. Mers Kelly on August 27, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 158 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Vasily P. Abramov on September 3, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 159 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Steven Raderstorf on September 1, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 160 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Vincent Turturro on August 24, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 161 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Mark L. Adams on August 24, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 162 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Gregory R. Furnish on September 3, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 163 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Brian Keith Wells on August 27, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Aug 3, 2020 | 164 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Niklas Andersson on September 1, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 31, 2020 | 153 | Redacted Document (30) Docket Text: REDACTED VERSION of [151] Answer to Amended Complaint by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Jul 31, 2020 | 154 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Identification of Invalidity References filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 31, 2020 | 155 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Plaintiffs' Disclosures of Accused Products, Damages Model, Infringed Patents, and File Histories and 2) Plaintiffs' Final Infringement Contentions filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Picollelli, Nicholas) |
| Jul 28, 2020 | 152 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Set of Requests for Admission filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 21, 2020 | 150 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Micro-Tech Endoscopy USA Inc.'s Second Supplemental Responses to Plaintiffs' First Set of Common Interrogatories filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 17, 2020 | 147 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Ron Perry on July 22, 2020 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jul 17, 2020 | 148 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Chris Li on July 27, 2020 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jul 17, 2020 | 149 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Zhi Tang on September 3, 2020 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jul 15, 2020 | 142 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Collin Murray on August 10, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 15, 2020 | 143 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Lauren Moscato on August 17, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 15, 2020 | 144 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Elena Hennessy on August 31, 2020 filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jul 15, 2020 | 145 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman and John G. Day regarding Interim Status Report. (Kraman, Pilar) |
| Jul 15, 2020 | 146 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Plaintiff's Objections and Responses to Defendants' First Notice of 30(b)(6) Deposition to Plaintiff Boston Scientific Corporation, and 2) Plaintiff's Objections and Responses to Defendants' First Notice of 30(b)(6) Deposition to Plaintiff Boston Scientific Scimed, Inc. filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jul 10, 2020 | 141 | Amended Complaint (Main Document) (21) Docket Text: AMENDED COMPLAINT against Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.- filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Attachments: # (1) Exhibit A-F)(Kraman, Pilar) |
| Jul 10, 2020 | 141 | Amended Complaint (Exhibit A-F) (30) Docket Text: AMENDED COMPLAINT against Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.- filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Attachments: # (1) Exhibit A-F)(Kraman, Pilar) |
| Jul 10, 2020 | 141 | Amended Complaint* (1) |
| Jul 1, 2020 | 140 | Order (3) Docket Text: CLAIM CONSTRUCTION ORDER Signed by Judge Colm F. Connolly on 7/1/2020. (nmf) |
| Jun 30, 2020 | 139 | Proposed Order (3) Docket Text: PROPOSED ORDER - [Proposed] Claim Construction Order - re Markman Hearing by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Jun 29, 2020 | 138 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Micro-Tech Endoscopy USA Inc. and Micro-Tech (Nanjing) Co., Ltd.'s Objections to Plaintiffs' First Notice of Deposition of Micro-Tech Under Rule 30(b)(6) and Defendant Micro-Tech Endoscopy USA Inc. and Micro-Tech (Nanjing) Co., Ltd.'s Objections to Plaintiffs' Second Notice of Deposition of Micro-Tech Under Rule 30(b)(6) filed by Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jun 25, 2020 | 137 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Henry Schein's Objections to Plaintiffs' Notice of Deposition under Rule 30(b)(6) filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jun 24, 2020 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 6/24/2020. (Court Reporter V. Gunning.) Counsel to submit a proposed order no later than July 1, 2020 reflecting the rulings made by the Court today. (nmf) |
| Jun 24, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' motion to file an amended complaint ("Motion"), (D.I. 121), and the briefing related thereto, (D.I. 122; D.I. 129; D.I. 130), hereby ORDERS that the Motion be GRANTED-IN-PART and DENIED-IN-PART, for the reasons that follow: (1) Plaintiffs' Motion, which is a last-minute, very bare-bones effort at amendment, seeks to add three different types of content to the operative Complaint. (D.I. 122 at 1 & ex. 2) The Court will address these in turn.; (2) With regard to Plaintiffs' request to add an express allegation of direct infringement of the '245 patent, (D.I. 122, ex. 2 at para. 36), Defendants challenge this on grounds of undue delay and undue prejudice. (D.I. 129 at 2-4) Normally, it is hard for a defendant to show undue delay or undue prejudice where (like here), the Motion was filed prior to the Scheduling Order's deadline for amending pleadings. See Invensas Corp. v. Renesas Elecs. Corp., Civil Action No. 11-448-GMS-CJB, 2013 WL 1776112, at *3 (D. Del. Apr. 24, 2013); Butamax Advanced Biofuels LLC v. Gevo, Inc., Civ. No. 11-54-SLR, 2012 WL 2365905, at *2 (D. Del. June 21, 2012). But in such a circumstance, it is not impossible for a non-movant to prevail, Delaware Display Grp. LLC v. Lenovo Grp. Ltd., Civil Action Nos. 13-2108-RGA, 13-2109-RGA, 13-2112-RGA, 2016 WL 720977, at *8-9 (D. Del. Feb. 23, 2016), and here Defendants come pretty close. That is because Plaintiffs: (1) can only assert that their failure to earlier allege direct infringement of this patent was "an oversight"; and (2) have no explanation for why they did not correct this oversight over 14 months ago when Defendants pointed the problem out twice in their briefing on their motion to dismiss. (D.I. 130 at 1; see also D.I. 129 at 3) Yet the Court is mindful that leave to amend should be freely given, Fed. R. Civ. P. 15(a), and that "[d]elay alone is an insufficient reason to deny amendment unless it is coupled with either an unwarranted burden on the Court or undue prejudice to the non-moving party (as a result of the amendment)." S.M. v. Delaware Dept. of Educ., C.A. No. 14-1575-LPS, 2015 WL 1775483, at *4 (D. Del. Apr. 16, 2015). And Defendants did not sufficiently explain why such an "unwarranted burden" or "undue prejudice" exists here, (D.I. 129 at 4), where there are still months until fact discovery closes in September 2020 and where the parties have already been investigating whether the accused products infringe the 245 patent, (D.I. 130 at 1). Cf. Home Semiconductor Corp. v. Samsung Elecs. Co., Civil Action No. 13-2033-RGA, 2019 WL 2135858, at *6 (D. Del. May 16, 2019). Thus, though it is a close call, this portion of the Motion is GRANTED.; (3) As to Plaintiffs' attempt to add allegations of infringement of claims 8 and 9 of the 371 patent, (D.I. 122, ex. 2 at paras. 52-62), Defendants' challenge is on futility grounds, (D.I. 129 at 4-5). While the Court rejects Defendants' arguments for dismissal of the allegations as to claim 8 for the reasons cited by Plaintiffs (and thus GRANTS the Motion in that regard), (D.I. 130 at 2), it DENIES the Motion as to the allegations regarding claim 9, since in the proposed amended complaint, Plaintiffs did not even make the effort to reference claim 9's additional limitation, nor make any direct reference to facts that plausibly indicate why the accused depicted product amounts to an apparatus with a bushing whose distal end "comprises a feature configured to mate with the keyed portion of the capsule[,]" (371 patent, col. 17:31-33; D.I. 122, ex. 2 at paras 52-62).; (4) As to Plaintiffs' attempt to add allegations of willful infringement as to each of the patents, (D.I. 122, ex. 2 at paras. 20, 34-35 & 50-51), Defendants' challenge is on futility grounds, (D.I. 129 at 1-2). With regard to any allegation of willful infringement prior to the service of the original Complaint in this case (i.e., as to the '245 and '371 patents), the Court DENIES the Motion, because: (i) an exhibit to the proposed amended complaint affirmatively negates that complaint's assertion that Defendants Henry Schein and Micro-Tech USA had knowledge of the '245 and '371 patents dating back to January 2017, (D.I. 129 at 2 (citing D.I. 123, ex. 4 at 7-8)), and (ii) the proposed amended complaint does not make any real attempt to plead how Defendant Micro-Tech Nanjing knew, as of January 2017, that its conduct likely infringed those patents, (id.). With regard to any allegation of willful infringement dating from the filing of the original Complaint, this is a close call. But while any amended complaint would have to clean up its allegations (i.e., it should not be dating the relevant knowledge to the filing of "this Complaint" but instead to the filing of the "original Complaint"), (see D.I. 122, ex. 2 at para. 20), the Court cannot say it would be futile for Plaintiffs to allege that willful infringement has occurred since that original filing date. See Valinge Innovation AB v. Halstead New England Corp., Civil Action No. 16-1082-LPS-CJB, 2018 WL 2411218, at *13 (D. Del. May 29, 2018). So the Court will GRANT the Motion in that respect.; and (5) The parties' request for a teleconference to address the Motion, (D.I. 131), is DENIED. Ordered by Judge Christopher J. Burke on 6/24/2020. (dlb) |
| Jun 23, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER, The Court has read the parties' briefing. To the extent the Court requires oral argument for any disputed limitation, each side shall have no more than five minutes to make its argument for that limitation. Ordered by Judge Colm F. Connolly on 6/23/2020. (fms) |
| Jun 17, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Markman Hearing scheduled for 6/24/2020 at 9:00 a.m. shall be held by telephone. Counsel for the Plaintiffs shall coordinate the call and provide the dial-in information on the docket. Ordered by Judge Colm F. Connolly on 6/17/2020. (nmf) |
| Jun 17, 2020 | 135 | Letter (1) Docket Text: Letter to The Honorable Colm F. Connolly from Pilar G. Kraman regarding the following information for the telephonic Markman hearing scheduled for June 24, 2020: Dial-in number: 1-800-901-0296; Passcode: 3025763586 - re Oral Order,. (Kraman, Pilar) |
| Jun 16, 2020 | 134 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Notice of Rule 30(b)(6) Deposition to Plaintiff Boston Scientific Corporation and Defendants' First Notice of Rule 30(b)(6) Deposition to Plaintiff Boston Scientific Scimed, Inc. filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jun 10, 2020 | 132 | Claim Construction Chart (Main Document) (24) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| Jun 10, 2020 | 132 | Claim Construction Chart (Exhibit A-'245 Patent) (30) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| Jun 10, 2020 | 132 | Claim Construction Chart (Exhibit B-'371 Patent) (30) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| Jun 10, 2020 | 132 | Claim Construction Chart (Exhibit C-'725 Patent) (30) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| Jun 10, 2020 | 133 | Letter (3) Docket Text: Letter to The Honorable Colm F. Connolly from Pilar G. Kraman regarding the parties' meet and confer on claim construction issues and Second Amended Claim Construction Chart - re [132] Claim Construction Chart. (Kraman, Pilar) |
| Jun 8, 2020 | 130 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Reply in Further Support of Plaintiffs' Motion for Leave to File Amended Complaint - re [129] Letter, [121] MOTION to Amend/Correct [1] Complaint, . (Kraman, Pilar) |
| Jun 8, 2020 | 131 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' request for a teleconference on Plaintiffs' Motion for Leave to File Amended Complaint - re [121] MOTION to Amend/Correct [1] Complaint, . (Kraman, Pilar) |
| Jun 4, 2020 | 128 | Redacted Document (4) Docket Text: REDACTED VERSION of [123] Exhibit to a Document, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Jun 4, 2020 | 129 | Letter (5) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding response to plaintiff's May 28, 2020 letter requesting leave to Amend Complaint. (Mayo, Andrew) |
| Jun 1, 2020 | 124 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Responses to Plaintiffs' Second Set of Common Requests for Production of Documents and Things (Nos. 41-44) and Defendants' Objections and Responses to Plaintiffs' Third Set of Common Requests for Production of Documents and Things (Nos. 45-47) filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jun 1, 2020 | 125 | Notice to Take Deposition (8) Docket Text: NOTICE to Take Deposition of Micro-Tech Endoscopy USA Inc. and Micro-Tech (Nanjing) Co., Ltd. Under Rule 30(b)(6) (First) on July 1, 2020 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jun 1, 2020 | 126 | Notice to Take Deposition (8) Docket Text: NOTICE to Take Deposition of Micro-Tech Endoscopy USA Inc. and Micro-Tech (Nanjing) Co., Ltd. Under Rule 30(b)(6) (Second) on July 2, 2020 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jun 1, 2020 | 127 | Notice to Take Deposition (9) Docket Text: NOTICE to Take Deposition of Henry Schein Inc. Under Rule 30(b)(6) on June 26, 2020 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| May 28, 2020 | 121 | Motion to Amend/Correct (Main Document) (4) Docket Text: MOTION to Amend/Correct [1] Complaint, - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Plaintiffs' D. Del. LR 7.1.1 Certification, # (2) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| May 28, 2020 | 121 | Motion to Amend/Correct (Plaintiffs' D. Del. LR 7.1.1 Certification) (1) Docket Text: MOTION to Amend/Correct [1] Complaint, - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Plaintiffs' D. Del. LR 7.1.1 Certification, # (2) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| May 28, 2020 | 121 | Motion to Amend/Correct (Text of Proposed Order) (1) Docket Text: MOTION to Amend/Correct [1] Complaint, - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Plaintiffs' D. Del. LR 7.1.1 Certification, # (2) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| May 28, 2020 | 122 | Letter (Main Document) (5) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Amend Complaint - re [121] MOTION to Amend/Correct [1] Complaint, . (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Kraman, Pilar) |
| May 28, 2020 | 122 | Letter (Exhibit 1) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Amend Complaint - re [121] MOTION to Amend/Correct [1] Complaint, . (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Kraman, Pilar) |
| May 28, 2020 | 122 | Letter (Exhibit 2) (20) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Amend Complaint - re [121] MOTION to Amend/Correct [1] Complaint, . (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Kraman, Pilar) |
| May 28, 2020 | 122 | Letter (Exhibit 3) (5) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Amend Complaint - re [121] MOTION to Amend/Correct [1] Complaint, . (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Kraman, Pilar) |
| May 26, 2020 | N/A | Remark (0) Docket Text: Remark: The Court's form patent case scheduling orders require the parties to submit with the Joint Claim Construction Chart separate text-searchable pdfs for each asserted patent(s). Parties shall file the separate pdfs electronically using CM/ECF. Each separate pdf shall be labeled using the last three digits of the number of the patent in question so that it is possible to determine from looking at the docket sheet the patent in a particular exhibit. Please file text searchable pdfs of the patents using the "Exhibit to a Document" code and link back to the Amended Claim Construction Chart at D.I. [117]. (nmf) |
| May 26, 2020 | 120 | Exhibit to a Document (Main Document) (1) Docket Text: EXHIBIT re [117] Claim Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| May 26, 2020 | 120 | Exhibit to a Document (Exhibit A-'245 Patent) (30) Docket Text: EXHIBIT re [117] Claim Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| May 26, 2020 | 120 | Exhibit to a Document (Exhibit B-'371 Patent) (30) Docket Text: EXHIBIT re [117] Claim Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| May 26, 2020 | 120 | Exhibit to a Document (Exhibit C-'725 Patent) (30) Docket Text: EXHIBIT re [117] Claim Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent)(Kraman, Pilar) |
| May 22, 2020 | 117 | Claim Construction Chart (24) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| May 22, 2020 | 118 | Joint Claim Construction Brief (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Main Document) (4) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit A) (3) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit B) (3) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit C) (3) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit D) (30) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit E) (4) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit F) (12) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit G) (7) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit H) (5) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit I) (5) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit J) (4) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit K) (24) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit L) (25) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit M) (30) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit N) (30) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 22, 2020 | 119 | Appendix (Exhibit O) (13) Docket Text: Joint APPENDIX re [118] Joint Claim Construction Brief by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (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, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Kraman, Pilar) |
| May 21, 2020 | 116 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech (Nanjing) Co., Ltd., and Henry Schein Inc.'s Responses to Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Set of Requests for Admission (Nos. 1-5) filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| May 5, 2020 | 115 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Reply Claim Construction Brief filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| May 4, 2020 | 114 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Third Set of Common Requests for Production of Documents and Things to Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech (Nanjing) Co., Ltd. and Henry Schein Inc. (Nos. 45-47) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Apr 30, 2020 | 112 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Second Set of Common Requests for Production of Documents and Things to Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech (Nanjing) Co., Ltd. and Henry Schein Inc. (Nos. 41-44) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Apr 30, 2020 | 113 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech (Nanjing) Co., Ltd. and Micro-Tech Endoscopy USA Inc.'s First Supplemental Responses to Plaintiffs' First Set of Common Interrogatories (Nos. 1-10) filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Day, John) |
| Apr 23, 2020 | 111 | Letter (1) Docket Text: Letter to The Honorable Colm F. Connolly from John G. Day regarding Markman hearing. (Day, John) |
| Apr 22, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 4/22/2020. (Court Reporter V. Gunning.) (nmf) |
| Apr 22, 2020 | 110 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Set of Requests for Admission to Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech (Nanjing) Co., Ltd. and Henry Schein Inc. (Nos. 1-5) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Apr 21, 2020 | 109 | Redacted Document (30) Docket Text: REDACTED VERSION of [108] Answer to Complaint by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Apr 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 4/22/2020 at 03:15 PM before Judge Colm F. Connolly to discuss a scheduling issue. Ordered by Judge Colm F. Connolly on 4/15/2020. (nmf) |
| Apr 13, 2020 | 107 | Notice (Other) (Main Document) (3) Docket Text: NOTICE of Third Party Subpoena (Cook Group Incorporated) by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit 1)(Kraman, Pilar) |
| Apr 13, 2020 | 107 | Notice (Other) (Exhibit 1) (10) Docket Text: NOTICE of Third Party Subpoena (Cook Group Incorporated) by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit 1)(Kraman, Pilar) |
| Apr 9, 2020 | 106 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) BSC's Responses and Objections to Defendants' Fourth Set of Requests for Production, and 2) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd.'s and Henry Schein Inc.'s Third Set of Interrogatories (Nos. 10-13) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Apr 1, 2020 | 105 | Memorandum and Order (4) Docket Text: MEMORANDUM ORDER granting D.I. [95] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. But the Court will allow Defendants one more chance to amend and re-plead these defenses. The Court therefore ORDERS that Defendants may file a further amended Answer and Affirmative Defenses that attempts to address noted issues, if they wish to do so, by no later than April 14, 2020. Signed by Judge Christopher J. Burke on 4/1/2020. (dlb) |
| Mar 24, 2020 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Supplemental Responses to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s First Set of Interrogatories (Nos. 2 and 5) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Mar 23, 2020 | 102 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Reply in support of Motion to Strike - re [95] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents. (Kraman, Pilar) |
| Mar 23, 2020 | 103 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' request for the scheduling of a teleconference to address Plaintiffs' Motion to Strike - re [95] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents. (Kraman, Pilar) |
| Mar 20, 2020 | 101 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Opening Claim Construction Brief filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Mar 19, 2020 | 99 | Redacted Document (4) Docket Text: REDACTED VERSION of [97] Exhibit to a Document, by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Mar 19, 2020 | 100 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding response to plaintiff's second motion to strike. (Mayo, Andrew) |
| Mar 16, 2020 | 98 | Redacted Document (30) Docket Text: REDACTED VERSION of [83] Amended Answer to Complaint by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Mar 12, 2020 | 94 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Strike filed March 2, 2020 - re [80] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct. (Kraman, Pilar) |
| Mar 12, 2020 | 95 | Motion to Strike (Main Document) (3) Docket Text: MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Mar 12, 2020 | 95 | Motion to Strike (Text of Proposed Order) (1) Docket Text: MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Mar 12, 2020 | 96 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents - re [95] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct Against the '371 and '725 Patents. (Kraman, Pilar) |
| Mar 11, 2020 | N/A | Remark (0) Docket Text: Remark re: D.I. Nos. [85], [86], and [87] : The Court's form patent case scheduling orders require the parties to submit with the Joint Claim Construction Chart separate text-searchable pdfs for each asserted patent(s). Parties shall file the separate pdfs electronically using CM/ECF. Each separate pdf shall be labeled using the last three digits of the number of the patent in question so that it is possible to determine from looking at the docket sheet the patent in a particular exhibit. Counsel should refile the exhibits with the proper labels and link the exhibits back to D.I. [85], [86], and [87]. (fms) |
| Mar 11, 2020 | N/A | Remark (0) Docket Text: D.I. Nos. [86] and [87] have been removed from the docket and will be refiled with the proper labels for each exhibit. (fms) |
| Mar 11, 2020 | 91 | Appendix (Main Document) (2) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent, # (4) Exhibit D-'245 Patent File History, # (5) Exhibit E-'245 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 91 | Appendix (Exhibit A-'245 Patent) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent, # (4) Exhibit D-'245 Patent File History, # (5) Exhibit E-'245 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 91 | Appendix (Exhibit B-'371 Patent) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent, # (4) Exhibit D-'245 Patent File History, # (5) Exhibit E-'245 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 91 | Appendix (Exhibit C-'725 Patent) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent, # (4) Exhibit D-'245 Patent File History, # (5) Exhibit E-'245 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 91 | Appendix (Exhibit D-'245 Patent File History) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent, # (4) Exhibit D-'245 Patent File History, # (5) Exhibit E-'245 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 91 | Appendix (Exhibit E-'245 Patent Family File Histories) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A-'245 Patent, # (2) Exhibit B-'371 Patent, # (3) Exhibit C-'725 Patent, # (4) Exhibit D-'245 Patent File History, # (5) Exhibit E-'245 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 92 | Appendix (Main Document) (2) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume II - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit F-'371 Patent and '725 Patent File History, # (2) Exhibit G-'371 Patent and '725 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 92 | Appendix (Exhibit F-'371 Patent and '725 Patent File History) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume II - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit F-'371 Patent and '725 Patent File History, # (2) Exhibit G-'371 Patent and '725 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | 92 | Appendix (Exhibit G-'371 Patent and '725 Patent Family File Histories) (30) Docket Text: Joint APPENDIX re [85] Claim Construction Chart - Volume II - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit F-'371 Patent and '725 Patent File History, # (2) Exhibit G-'371 Patent and '725 Patent Family File Histories)(Kraman, Pilar) |
| Mar 11, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' First Amended Answer and Affirmative Defenses to Plaintiffs' Complaint for Patent Infringement, (D.I. 83) wishes to confirm whether this pleading renders moot Plaintiffs pending Motion to Strike Defendants' Affirmative Defenses of Inequitable Conduct, ("Motion") (D.I. 80). Therefore, the Court hereby ORDERS that by no later than March 13, 2020, Plaintiffs shall file a one-page letter advising the Court whether the Motion is now moot. Ordered by Judge Christopher J. Burke on 3/11/2020. (dlb) |
| Mar 10, 2020 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [88] MOTION for Claim Construction re [85] Claim Construction Chart (nmf) |
| Mar 10, 2020 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [90] MOTION for Claim Construction re [85] Claim Construction Chart (fms) |
| Mar 10, 2020 | 85 | Claim Construction Chart (27) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Mar 10, 2020 | 88 | Motion for Miscellaneous Relief (3) Docket Text: MOTION for Claim Construction re [85] Claim Construction Chart - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Kraman, Pilar) Modified on 3/10/2020 (nmf). |
| Mar 10, 2020 | 89 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Fourth Set of Requests for Production of Documents and Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd.'s, and Henry Schein Inc.'s Third Set of Interrogatories filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Mar 10, 2020 | 90 | Motion for Miscellaneous Relief (1) Docket Text: MOTION for Claim Construction re [85] Claim Construction Chart - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.(Mayo, Andrew) Modified on 3/11/2020 (fms). |
| Mar 9, 2020 | 84 | Response to Motion (2) Docket Text: RESPONSE to Motion re [80] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Mar 6, 2020 | 82 | Order (2) Docket Text: ORDER: The referral to Magistrate Judge Christopher J. Burke under 28 U.S.C. § 636(b) is withdrawn as to claim construction only. The case remains referred to Magistrate Judge Burke for all other pretrial matters up to and including expert discovery matters (but not summary judgment motions, Daubert motions, or pre-trial motions in limine ). The parties shall comply with the claim construction procedures and briefing requirements set forth in Judge Connolly's patent form scheduling order on his website. ORDER, Setting Hearings: A Markman Hearing is set for 6/24/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 3/6/2020. (nmf) |
| Mar 2, 2020 | 80 | Motion to Strike (Main Document) (3) Docket Text: MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Mar 2, 2020 | 80 | Motion to Strike (Text of Proposed Order) (1) Docket Text: MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Mar 2, 2020 | 81 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Strike Defendants' Affirmative Defenses of Inequitable Conduct - re [80] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct. (Attachments: # (1) Exhibit A and B)(Kraman, Pilar) |
| Mar 2, 2020 | 81 | Letter (Exhibit A and B) (24) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Plaintiffs' Motion to Strike Defendants' Affirmative Defenses of Inequitable Conduct - re [80] MOTION to Strike Defendants' Affirmative Defenses of Inequitable Conduct. (Attachments: # (1) Exhibit A and B)(Kraman, Pilar) |
| Feb 26, 2020 | 79 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Boston Scientific's Responses and Objections to Defendants' Third Set of Requests for Production filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Feb 25, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [75] Joint STIPULATION TO EXTEND TIME for the parties to file Joint Claim Construction Chart to February 25, 2020 filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 2/25/2020. (dlb) |
| Feb 25, 2020 | 76 | Claim Construction Chart (21) Docket Text: CLAIM Construction Chart by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Feb 25, 2020 | 77 | Appendix (Main Document) (2) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Kraman, Pilar) |
| Feb 25, 2020 | 77 | Appendix (Exhibit A) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Kraman, Pilar) |
| Feb 25, 2020 | 77 | Appendix (Exhibit B) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Kraman, Pilar) |
| Feb 25, 2020 | 77 | Appendix (Exhibit C) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Kraman, Pilar) |
| Feb 25, 2020 | 77 | Appendix (Exhibit D) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Kraman, Pilar) |
| Feb 25, 2020 | 77 | Appendix (Exhibit E) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume I - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Kraman, Pilar) |
| Feb 25, 2020 | 78 | Appendix (Main Document) (2) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume II - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit F, # (2) Exhibit G)(Kraman, Pilar) |
| Feb 25, 2020 | 78 | Appendix (Exhibit F) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume II - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit F, # (2) Exhibit G)(Kraman, Pilar) |
| Feb 25, 2020 | 78 | Appendix (Exhibit G) (30) Docket Text: Joint APPENDIX re [76] Claim Construction Chart - Volume II - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit F, # (2) Exhibit G)(Kraman, Pilar) |
| Feb 24, 2020 | 75 | Stipulation to EXTEND Time (1) Docket Text: Joint STIPULATION TO EXTEND TIME for the parties to file Joint Claim Construction Chart to February 25, 2020 - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Feb 20, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [74] Joint STIPULATION TO EXTEND TIME for the parties to file Joint Claim Construction Chart to February 24, 2020 filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 2/20/2020. (dlb) |
| Feb 20, 2020 | 74 | Stipulation to EXTEND Time (2) Docket Text: Joint STIPULATION TO EXTEND TIME for the parties to file Joint Claim Construction Chart to February 24, 2020 - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Feb 19, 2020 | 73 | Answer to Complaint (20) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Feb 14, 2020 | 71 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial List of Terms for Construction and Proposed Constructions filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Feb 14, 2020 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants' Amended Initial Invalidity Contentions; (ii) Defendant Micro-Tech (Nanjing) Co., Ltd.'s Responses to Plaintiffs Boston Scientific Corporations and Boston Scientific Scimed, Inc.'s First Set of Common Interrogatories (Nos. 1-10); (iii) Defendant Micro-Tech (Nanjing) Co., Ltd.'s Responses to Plaintiffs' First Set of Common Requests for Documents and Things (Nos. 1-40); (iv) Initial Disclosures of Defendant Micro-Tech (Nanjing) Co., Ltd.; (v) Notice of Third-Party Subpoena; and (vi) Defendants' Proposed Claim Constructions filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Feb 10, 2020 | 69 | Notice (Other) (4) Docket Text: NOTICE of Withdrawal of Third Party Subpoena (to PENTAX Medical Americas) by Boston Scientific Corporation, Boston Scientific SciMed, Inc. re [60] Notice (Other) (Kraman, Pilar) |
| Feb 10, 2020 | 70 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech Endoscopy USA Inc.'s, Micro-Tech (Nanjing) Co., Ltd.'s and Henry Schein Inc.'s Response to Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Second Set of Common Interrogatories (No. 11) filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Feb 7, 2020 | 68 | Protective Order (20) Docket Text: Amended Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 2/7/2020. (dlb) |
| Feb 5, 2020 | 66 | Order Adopting Report and Recommendations (2) Docket Text: ORDER ADOPTING [56] REPORT AND RECOMMENDATIONS denying [9] Motion to Dismiss. Signed by Judge Colm F. Connolly on 2/5/2020. (nmf) |
| Feb 5, 2020 | 67 | Proposed Order (20) Docket Text: PROPOSED ORDER (Amended Protective Order) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Feb 4, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [65] STIPULATION TO EXTEND TIME for the parties to exchange claim terms for construction to February 14, 2020 filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc. Ordered by Judge Christopher J. Burke on 2/4/2020. (dlb) |
| Feb 4, 2020 | 65 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to exchange claim terms for construction to February 14, 2020 - filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc.. (Mayo, Andrew) |
| Feb 3, 2020 | 64 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Supplemental Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s First Set of Interrogatories (No. 3) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jan 27, 2020 | 63 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Third Set of Requests for Production of Documents filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Jan 24, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' January 22, 2020 letter, (D.I. 61), hereby ORDERS that, as proposed in the letter, the parties shall file a stipulation with the Court regarding the Protective Order by February 7, 2020. Ordered by Judge Christopher J. Burke on 1/24/2020. (dlb) |
| Jan 22, 2020 | 59 | Notice (Other) (Main Document) (1) Docket Text: NOTICE of Third Party Subpoena to ConMed Corporation by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Kraman, Pilar) |
| Jan 22, 2020 | 59 | Notice (Other) (Exhibit 1 - Subpoena) (17) Docket Text: NOTICE of Third Party Subpoena to ConMed Corporation by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Kraman, Pilar) |
| Jan 22, 2020 | 60 | Notice (Other) (Main Document) (1) Docket Text: NOTICE of Third Party Subpoena to PENTAX Medical Americas by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Kraman, Pilar) |
| Jan 22, 2020 | 60 | Notice (Other) (Exhibit 1 - Subpoena) (17) Docket Text: NOTICE of Third Party Subpoena to PENTAX Medical Americas by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Attachments: # (1) Exhibit 1 - Subpoena)(Kraman, Pilar) |
| Jan 22, 2020 | 61 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding January 15, 2020 Oral Order. (Mayo, Andrew) |
| Jan 16, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, in light of its Report and Recommendation, (D.I. 56), HEREBY DENIES Plaintiffs' Request for Oral Argument, (D.I. 21). Ordered by Judge Christopher J. Burke on 1/15/2020. (dlb) |
| Jan 15, 2020 | 56 | Report and Recommendations (22) Docket Text: REPORT AND RECOMMENDATIONS recommending denying D.I. [9] MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 1/29/2020. Signed by Judge Christopher J. Burke on 1/15/2020. (dlb) |
| Jan 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having previously exempted Micro-Tech (Nanjing) Co. Ltd. ("Micro-Tech Nanjing") from deadlines in the Scheduling Order, (D.I. 29 at 1-2; see also D.I. 30 at 19-21), and today having issued its Report and Recommendation recommending denial of Micro-Tech Nanjing's Motion to Dismiss as to the personal jurisdiction issue, (D.I. 56), hereby ORDRES that(1) Micro-Tech Nanjing will now be required to participate in this litigation; and (2) by no later than January 22, 2020, the parties shall meet and confer and file with the Court a letter, of no more than two single-spaced pages, which provides their views on whether incorporating Micro-Tech Nanjing into the current case schedule will require any alterations to the currently-existing Scheduling Order. Ordered by Judge Christopher J. Burke on 1/15/2020. (dlb) Modified on 1/15/2020 (dlb). |
| Jan 10, 2020 | 55 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporations and Boston Scientific Scimed, Inc.s Second Set of Common Interrogatories to Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech Nanjing Co, Ltd., and Henry Schein Inc. (No. 11 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jan 9, 2020 | 54 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporations and Boston Scientific Scimed, Inc.s Responses & Objections to Defendants Micro-Tech Endoscopy USA Inc.s and Henry Schein Inc.s Second Set of Requests for Production of Documents filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Dec 26, 2019 | 53 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Second Set of Interrogatories (No. 9) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Dec 11, 2019 | 52 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Initial Invalidity Contentions filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc..(Day, John) |
| Dec 10, 2019 | 51 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Second Requests for Production of Documents filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Nov 25, 2019 | 50 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Second Set of Interrogatories filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc..(Mayo, Andrew) |
| Nov 20, 2019 | 49 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Amended Initial Infringement Contentions filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Nov 12, 2019 | 48 | Protective Order (19) Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 11/12/2019. (dlb) |
| Nov 11, 2019 | 47 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Nov 8, 2019 | 46 | Proposed Order (19) Docket Text: PROPOSED ORDER - [Proposed] Stipulated Protective Order - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Nov 1, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [45] STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to November 8, 2019 filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd. Ordered by Judge Christopher J. Burke on 11/1/2019. (dlb) |
| Nov 1, 2019 | 45 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to November 8, 2019 - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Oct 29, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [44] Joint STIPULATION TO EXTEND TIME for the parties to submit proposed protective order to November 1, 2019 filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Ordered by Judge Christopher J. Burke on 10/29/2019. (dlb) |
| Oct 28, 2019 | 44 | Stipulation to EXTEND Time (1) Docket Text: Joint STIPULATION TO EXTEND TIME for the parties to submit proposed protective order to November 1, 2019 - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Oct 21, 2019 | N/A | Remark re Newer Attorneys (0) Docket Text: REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) |
| Oct 18, 2019 | 43 | Reply Brief (6) Docket Text: Supplemental REPLY BRIEF Regarding Rule 4(k)(2) of the Federal Rules of Civil Procedure filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Oct 15, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [42] STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to October 29, 2019 filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc. Ordered by Judge Christopher J. Burke on 10/15/2019. (dlb) |
| Oct 14, 2019 | 42 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to October 29, 2019 - filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Oct 11, 2019 | 41 | Answering Brief in Opposition (6) Docket Text: Supplemental ANSWERING BRIEF in Opposition (Defendants' Answering Supplemental Brief Regarding Application of Rule 4(k)(2) of The Federal Rules of Civil Procedure) filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc..Reply Brief due date per Local Rules is 10/18/2019. (Day, John) |
| Oct 9, 2019 | 40 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Pascale, Karen) |
| Oct 2, 2019 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Disclosures of Accused Products, Damages Model, Infringed Patents, and File Histories filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Pascale, Karen) |
| Oct 1, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [37] MOTION for Pro Hac Vice Appearance of Attorney Diane Szego Fassbender filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc. Ordered by Judge Christopher J. Burke on 10/1/2019. (dlb) |
| Oct 1, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Diana M. Szego Fassbender for Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA 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) |
| Oct 1, 2019 | N/A | Order on Motion for Leave to File (0) Docket Text: ORAL ORDER: The Court, having considered the parties' submissions regarding the need for supplemental briefing as to the application of Federal Rule of Civil Procedure 4(k)(2) to the pending Motion to Dismiss for Lack of Jurisdiction Over the Person ("Motion"), (D.I. 32; D.I. 34), hereby ORDERS that Plaintiffs' Motion for Leave to File Supplemental Brief on this subject, (D.I. 32), is GRANTED. It is arguable that statements made by Defendants' counsel at the recent Case Management Conference could have reasonably, for the first time, alerted Plaintiffs of the potential applicability of Rule 4(k)(2). (D.I. 30 at 16-17) Moreover, the Court wishes to have a good briefing record on all issues potentially relevant to the Motion before making its final decision. Cf. Merial Ltd. v. Cipla Ltd., 681 F.3d 1283, 1296 (Fed. Cir. 2012) ("[O]ur precedent holds that Rule 4(k)(2) can be considered even when the plaintiff has affirmatively pled a different basis for personal jurisdiction."). By no later than October 11, 2019, Defendants may file an answering brief of no more than five double-spaced pages. By no later than October 18, 2019, Plaintiffs may file a reply brief of no more than two double-spaced pages. Ordered by Judge Christopher J. Burke on 10/1/2019. (dlb) |
| Sep 30, 2019 | 37 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Diane Szego Fassbender - filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc.. Motions referred to Christopher J. Burke.(Day, John) |
| Sep 27, 2019 | 34 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from John G. Day regarding opposition to Motion for Leave to File Supplemental Brief Regarding Application of Rule 4(k)(2). (Attachments: # (1) Exhibit 1)(Day, John) |
| Sep 27, 2019 | 34 | Letter (Exhibit 1) (30) Docket Text: Letter to The Honorable Christopher J. Burke from John G. Day regarding opposition to Motion for Leave to File Supplemental Brief Regarding Application of Rule 4(k)(2). (Attachments: # (1) Exhibit 1)(Day, John) |
| Sep 27, 2019 | 35 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Responses to Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Set of Common Interrogatories (Nos. 1-10); (ii) Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s Responses to Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Set of Common Requests for Documents and Things (Nos. 1-40); and (iii) Initial Disclosures of Defendants Micro-Tech Endsocopy USA Inc. and Henry Schein Inc. filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc..(Day, John) |
| Sep 27, 2019 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s First Set of Interrogatories (Nos. 1-8); 2) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Responses and Objections to Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s First Set of Requests for Production of Documents (Nos. 1-45), and 3) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Pascale, Karen) |
| Sep 25, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' Motion for Leave to File Supplemental Brief Regarding Application of Rule 4(k)(2) of the Federal Rules of Civil Procedure ("Motion"), (D.I. 32), hereby ORDERS that to the extent Defendants oppose the Motion, they shall inform the Court of the reasons for that opposition by filing a letter brief, of no more than two single-spaced pages, by no later than September 27, 2019. No reply is needed. If the Court thereafter grants the Motion, it will set a briefing schedule for the filing of a supplemental answering brief and a supplemental reply brief. Ordered by Judge Christopher J. Burke on 9/25/2019. (dlb) |
| Sep 23, 2019 | 32 | Motion for Leave to File (Main Document) (5) Docket Text: MOTION for Leave to File Supplemental Brief Regarding Application of Rule 4(k)(2) of the Federal Rules of Civil Procedure - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Plaintiffs' Supplemental Brief, # (2) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Sep 23, 2019 | 32 | Motion for Leave to File (Plaintiffs' Supplemental Brief) (3) Docket Text: MOTION for Leave to File Supplemental Brief Regarding Application of Rule 4(k)(2) of the Federal Rules of Civil Procedure - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Plaintiffs' Supplemental Brief, # (2) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Sep 23, 2019 | 32 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Supplemental Brief Regarding Application of Rule 4(k)(2) of the Federal Rules of Civil Procedure - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Plaintiffs' Supplemental Brief, # (2) Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) |
| Sep 19, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 9/19/2019. (dlb) |
| Sep 18, 2019 | 30 | Transcript (26) Docket Text: Official Transcript of Telephonic Case Management Conference held on September 9, 2019 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or 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 10/9/2019. Redacted Transcript Deadline set for 10/21/2019. Release of Transcript Restriction set for 12/17/2019.(bpg) |
| Sep 16, 2019 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke 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 http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) |
| Sep 12, 2019 | 29 | Scheduling Order (21) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 6/12/2020. Amended Pleadings due by 6/12/2019. Discovery due by 9/11/2020. Expert Discovery due by 12/18/2020. Status Report due by 7/17/2020. Dispositive Motions due by 1/29/2021. A Markman Hearing is set for 6/24/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 6/17/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 7/12/2021 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 9/12/2019. (dlb) |
| Sep 11, 2019 | 28 | Proposed Order (Main Document) (21) Docket Text: PROPOSED ORDER - Scheduling Order - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' joint proposed Scheduling Order)(Kraman, Pilar) |
| Sep 11, 2019 | 28 | Proposed Order (Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the) (1) Docket Text: PROPOSED ORDER - Scheduling Order - by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' joint proposed Scheduling Order)(Kraman, Pilar) |
| Sep 9, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke Case Management Conference held on 9/9/2019. The Court heard the parties arguments regarding the scheduling order disputes, and ORDERS that defendant Micro-Tech Nanjing will not be subject to discovery obligations while its MOTION to dismiss for lack of personal jurisdiction, (D.I. 9), is still pending. The parties were ordered to submit, by close of business on 9/13/2019, a revised scheduling order that incorporates the Courts deadlines. (Clerk, Schwerin) APPEARANCES: Pilar Kraman, Karen Pascale, Kevin Flannery and Joseph Gribbin for Plaintiff; John Day, Steven Routh, Timothy Vann Pearce and Christopher Higgins for Defendants. (Court Reporter Brian Gaffigan) (dlb) |
| Aug 16, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Steven J. Routh and Christopher J. Higgins for Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA 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) |
| Aug 16, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Yufeng Ma for Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA 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) |
| Aug 16, 2019 | N/A | Order Setting Scheduling Conference (0) Docket Text: Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 9/9/2019 at 02:30 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 8/16/2019. (dlb) |
| Aug 14, 2019 | 26 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' joint submission, proposed Scheduling Order and Checklist pursuant to the Court's Oral Order of July 31, 2019 - re [23] Oral Order,,,,,,. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kraman, Pilar) |
| Aug 14, 2019 | 26 | Letter (Exhibit A) (22) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' joint submission, proposed Scheduling Order and Checklist pursuant to the Court's Oral Order of July 31, 2019 - re [23] Oral Order,,,,,,. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kraman, Pilar) |
| Aug 14, 2019 | 26 | Letter (Exhibit B) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding the parties' joint submission, proposed Scheduling Order and Checklist pursuant to the Court's Oral Order of July 31, 2019 - re [23] Oral Order,,,,,,. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kraman, Pilar) |
| Aug 13, 2019 | 25 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s First Requests for Production of Documents and Defendants Micro-Tech Endoscopy USA Inc.'s and Henry Schein Inc.'s First Set of Interrogatories filed by Henry Schein Inc., Micro-Tech Endoscopy USA Inc..(Day, John) |
| Aug 12, 2019 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Set of Common Interrogatories to Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech Nanjing Co., Ltd., and Henry Schein Inc. (Nos. 1-10), and 2) Plaintiffs Boston Scientific Corporation's and Boston Scientific Scimed, Inc.'s First Set of Common Requests for Documents and Things to Defendants Micro-Tech Endoscopy USA Inc., Micro-Tech Nanjing Co., Ltd., and Henry Schein Inc. (Nos. 1-40) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..(Kraman, Pilar) |
| Jul 31, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). By no later than August 14, 2019, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 19-25 of Judge Connolly's "Patent Case Form Scheduling Order for Cases Where Infringement is Alleged" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through trial); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Connolly's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 7/31/2019. (dlb) |
| Jul 30, 2019 | 22 | Order Referring Case to Magistrate Judge (1) Docket Text: ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters up to and including expert discovery matters (but not summary judgment motions, Daubert motions, or pre-trial motions in limine). Signed by Judge Colm F. Connolly on 7/30/2019. Motions referred to Magistrate Judge Christopher J. Burke.(nmf) |
| Apr 4, 2019 | 21 | Request for Oral Argument (4) Docket Text: REQUEST for Oral Argument by Boston Scientific Corporation, Boston Scientific SciMed, Inc. re [9] MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim . (Kraman, Pilar) |
| Apr 3, 2019 | 20 | Reply Brief (Main Document) (15) Docket Text: REPLY BRIEF re [9] MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A)(Day, John) |
| Apr 3, 2019 | 20 | Reply Brief (Exhibit A) (26) Docket Text: REPLY BRIEF re [9] MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Attachments: # (1) Exhibit A)(Day, John) |
| Apr 2, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Daniel Roberts for Boston Scientific Corporation and Boston Scientific SciMed, 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. (ceg) |
| Mar 27, 2019 | 18 | Answering Brief in Opposition (28) Docket Text: ANSWERING BRIEF in Opposition re [9] MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 4/3/2019. (Pascale, Karen) |
| Mar 27, 2019 | 19 | Declaration (Main Document) (5) Docket Text: DECLARATION re [18] Answering Brief in Opposition, of Daniel Roberts by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit 1 - 11)(Pascale, Karen) |
| Mar 27, 2019 | 19 | Declaration (Exhibit 1 - 11) (30) Docket Text: DECLARATION re [18] Answering Brief in Opposition, of Daniel Roberts by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: # (1) Exhibit 1 - 11)(Pascale, Karen) |
| Mar 19, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Robert D. Rhoad for Boston Scientific Corporation and Boston Scientific SciMed, 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. (ceg) |
| Mar 19, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin M. Flannery for Boston Scientific Corporation and Boston Scientific SciMed, 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. (ceg) |
| Mar 19, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Timothy Vann Pearce, Jr for Micro-Tech (Nanjing) Co., Ltd. and Micro-Tech Endoscopy USA 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. (ceg) |
| Mar 18, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [15] MOTION for Pro Hac Vice Appearance of Attorney Steven J. Routh, Yufeng Ma, T. Vann Pearce, Jr., and Christopher J. Higgins filed by Micro-Tech Endoscopy USA Inc., Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., [16] MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Flannery, Attorney Daniel Roberts and Attorney Robert D. Rhoad filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Signed by Judge Colm F. Connolly on 3/18/2019. (fms) |
| Mar 15, 2019 | 16 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Flannery, Attorney Daniel Roberts and Attorney Robert D. Rhoad - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Mar 15, 2019 | 17 | Notice (Other) (4) Docket Text: NOTICE of Appearance of Attorney Joseph J. Gribbin by Boston Scientific Corporation, Boston Scientific SciMed, Inc. (Kraman, Pilar) |
| Mar 14, 2019 | 15 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Steven J. Routh, Yufeng Ma, T. Vann Pearce, Jr., and Christopher J. Higgins - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Mar 13, 2019 | 9 | Motion to Dismiss/Lack of Personal Jurisdiction (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Person , MOTION to Dismiss for Failure to State a Claim - filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Mar 13, 2019 | 10 | Opening Brief in Support (25) Docket Text: OPENING BRIEF in Support re [9] MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc..Answering Brief/Response due date per Local Rules is 3/27/2019. (Day, John) |
| Mar 13, 2019 | 11 | Declaration (3) Docket Text: DECLARATION re [10] Opening Brief in Support, (Declaration of Jie Yin) by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Mar 13, 2019 | 12 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Micro-Tech (Nanjing) Co., Ltd. for Micro-Tech Endoscopy USA Inc. filed by Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc.. (Day, John) |
| Mar 13, 2019 | 13 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Micro-Tech (Nanjing) Co., Ltd.. (Day, John) |
| Mar 13, 2019 | 14 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Henry Schein Inc.. (Day, John) |
| Dec 17, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [8] MOTION for Extension of Time to answer, move or otherwise respond to Plaintiffs' Complaint for Defendants Micro-Tech Endoscopy USA Inc. and Henry Schein Inc. to March 13, 2019 [UNOPPOSED] filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Set/Reset Answer Deadlines: Henry Schein Inc. answer due 3/13/2019; Micro-Tech Endoscopy USA Inc. answer due 3/13/2019. Signed by Judge Colm F. Connolly on 12/17/2018. (fms) |
| Dec 17, 2018 | 8 | Motion for Extension of Time (2) Docket Text: MOTION for Extension of Time to answer, move or otherwise respond to Plaintiffs' Complaint for Defendants Micro-Tech Endoscopy USA Inc. and Henry Schein Inc. to March 13, 2019 [UNOPPOSED] - filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Kraman, Pilar) |
| Dec 14, 2018 | 7 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by Boston Scientific SciMed, Inc., Boston Scientific Corporation: For Micro-Tech (Nanjing) Co., Ltd. waiver sent on 12/13/2018, answer due 3/13/2019. (Kraman, Pilar) |
| Nov 27, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Micro-Tech Endoscopy USA Inc. on 11/27/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lak) |
| Nov 27, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Henry Schein Inc. on 11/27/2018; Micro-Tech (Nanjing) Co., Ltd. on 11/27/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lak) |
| Nov 27, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Nov 27, 2018 | 5 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Micro-Tech Endoscopy USA Inc. served on 11/27/2018, answer due 12/18/2018. (Pascale, Karen) |
| Nov 27, 2018 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. Henry Schein Inc. served on 11/27/2018, answer due 12/18/2018. (Pascale, Karen) |
| Nov 26, 2018 | 1 | Complaint (Main Document) (17) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2511220.) - filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(lak) |
| Nov 26, 2018 | 1 | Complaint (Exhibit A-F) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2511220.) - filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(lak) |
| Nov 26, 2018 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Henry Schein Inc., Micro-Tech (Nanjing) Co., Ltd., Micro-Tech Endoscopy USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2511220.) - filed by Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(lak) |
| Nov 26, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak) |
| Nov 26, 2018 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,980,725 B2 ;US 7,094,245 B2 ;US 8,974,371 B2. (lak) |
| Nov 26, 2018 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Boston Scientific Corporation for Boston Scientific SciMed, Inc. filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (lak) |
| Nov 26, 2018 | 1 | Complaint* (1) |
