Case number 1:17-cv-10445
Cardionet, LLC et al v. InfoBionic, Inc > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 30, 2018 | 57 | Notice of Appeal* (1) |
| Mar 16, 2018 | N/A | Order (0) Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered allowing in part [49] Assented to MOTION to Continue hearing re [36] MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion Hearing set for 3/20/18, is RESET for 4/24/2018 10:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) 51 Filed & Entered: 04/03/2018 Notice of Hearing on Motion Docket Text: ELECTRONIC NOTICE Resetting Hearing on Motion [36] MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Renewed) : Motion Hearing set for 4/24/2018 02:00 PM in Courtroom 9 before Judge Indira Talwani. PLEASE NOTE CHANGE IN TIME ONLY. (MacDonald, Gail) 52 Filed & Entered: 04/24/2018 Motion Hearing Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 4/24/2018 re [36] MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Renewed) filed by InfoBionic, Inc. Case called. Court heard argument from counsel. Motion taken under advisement. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Badke, Fukuda, Pirozzolo, Caroline Bercier to enter an appearance, Sanders) (MacDonald, Gail) Modified on 4/24/2018 to add counsel (MacDonald, Gail). 53 Filed & Entered: 06/04/2018Terminated: 06/06/2018 Motion to Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney and Certificate of Service by InfoBionic, Inc.(Davis, Kristopher) 54 Filed & Entered: 06/06/2018 Order on Motion to Withdraw as Attorney Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [53] Motion to Withdraw as Attorney. Attorney Kristopher R. Davis terminated (DaSilva, Carolina) 55 Filed & Entered: 10/16/2018 Memorandum & ORDER Docket Text: Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER ALLOWING [36] MOTION to Dismiss. (DaSilva, Carolina) 56 Filed & Entered: 10/17/2018 Order Dismissing Case Docket Text: Judge Indira Talwani: ORDER entered. ORDER DISMISSING CASE (DaSilva, Carolina) 57 Filed & Entered: 10/30/2018Terminated: 06/11/2020 Notice of Appeal to the Federal Circuit Docket Text: NOTICE OF APPEAL to the Federal Circuit as to [56] Order Dismissing Case, [55] Memorandum & ORDER by Braemar Manufacturing, LLC, Cardionet, LLC Filing fee: $ 505, receipt number 0101-7388224 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 11/19/2018. (Fukuda, Ching-Lee) 58 Filed & Entered: 11/02/2018 Abbreviated Electronic Record on Appeal Sent to USCA Docket Text: Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals for the Federal Circuit re [57] Notice of Appeal to the Federal Circuit (Paine, Matthew) 59 Filed & Entered: 11/02/2018 USCA Case Number Docket Text: USCA Case Number 19-1149 for [57] Notice of Appeal to the Federal Circuit, filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Paine, Matthew) 60 Filed & Entered: 11/07/2018 Transcript Order Form Docket Text: TRANSCRIPT ORDER FORM by Braemar Manufacturing, LLC, Cardionet, LLC for proceedings held on April 24, 2018 Judge Judge Indira Talwani.. (Pirozzolo, Jack) 61 Filed & Entered: 11/13/2018 Transcript Docket Text: Transcript of Hearing on Motion to Dismiss Plaintiffs' First Amended Complaint held on April 24, 2018, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com Redaction Request due 12/4/2018. Redacted Transcript Deadline set for 12/14/2018. Release of Transcript Restriction set for 2/11/2019. (Scalfani, Deborah) 62 Filed & Entered: 11/13/2018 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) 63 Filed & Entered: 06/04/2019Terminated: 06/05/2019 Motion to Withdraw Docket Text: MOTION to Withdraw Appearance of Abigail A. Rives by InfoBionic, Inc.(Sanders, Charles) 64 Filed & Entered: 06/05/2019 Order on Motion to Withdraw Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered granting [63] Motion to Withdraw (MacDonald, Gail) 65 Filed & Entered: 04/17/2020 USCA Opinion Docket Text: OPINION of USCA as to [57] Notice of Appeal to the Federal Circuit, filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Paine, Matthew) 66 Filed & Entered: 04/17/2020 USCA Judgment Docket Text: USCA Judgment as to[57] Notice of Appeal to the Federal Circuit, filed by Braemar Manufacturing, LLC, Cardionet, LLC. REVERSED AND REMANDED... (Paine, Matthew) 67 Filed & Entered: 06/04/2020 Errata Docket Text: ORDER of the USCA for the Federal Circuit (19-1149): The petition for rehearing is DENIED. (Paine, Matthew) 68 Filed & Entered: 06/11/2020 USCA Mandate Docket Text: MANDATE of USCA as to [57] Notice of Appeal to the Federal Circuit, filed by Braemar Manufacturing, LLC, Cardionet, LLC. Appeal [57] Terminated (Paine, Matthew) 69 Filed & Entered: 07/22/2020 Notice of Scheduling Conference Docket Text: ELECTRONIC NOTICE of Scheduling Conference. Telephonic Scheduling Conference set for 8/11/2020 03:30 PM before Judge Indira Talwani. (MacDonald, Gail) Filed: 07/23/2020 Entered: 07/27/2020 Case Reopened Docket Text: Case Reopened. (Deslauriers, Timothy) 70 Filed & Entered: 07/23/2020 Order Docket Text: Judge Indira Talwani: ELECTRONIC ORDER: The parties shall meet and confer on an updated scheduling order for these proceedings. By August 7, 2020, the parties shall file their proposed schedule(s) and an agenda of any other items to be discussed at the August 11, 2020 scheduling conference. (Kelly, Danielle) 71 Filed & Entered: 08/07/2020 Joint statement of counsel Docket Text: JOINT STATEMENT of counsel regarding the Parties' Proposed Schedules and Agenda for the August 11, 2020 Scheduling Conference. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Badke, Bradford) 72 Filed & Entered: 08/10/2020Terminated: 08/11/2020 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Nathaniel A. Greenblatt Filing fee: $ 100, receipt number 0101-8366997 by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A - Certification of Nathaniel A. Greenblatt)(Pirozzolo, Jack) 73 Filed & Entered: 08/10/2020Terminated: 08/11/2020 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Sharon Lee Filing fee: $ 100, receipt number 0101-8367021 by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A - Certification of Sharon Lee)(Pirozzolo, Jack) 74 Filed & Entered: 08/11/2020 Order on Motion for Leave to Appear Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [72] Motion for Leave to Appear Pro Hac Vice Added Nathaniel A. Greenblatt.; ALLOWING [73] Motion for Leave to Appear Pro Hac Vice Added Sharon Lee. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) 75 Filed & Entered: 08/11/2020 Notice Resetting Hearings Docket Text: NOTICE Resetting a Hearing. Telephonic Scheduling Conference set for 8/11/2020 04:00 PM before Judge Indira Talwani. PLEASE NOTE THE ONLY CHANGE IS TO THE LATER TIME. Teleconference #: (888)-808-6929 access code: 8523158(MacDonald, Gail) 77 Filed: 08/11/2020 Entered: 08/17/2020 Scheduling Conference Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 8/11/2020. Case called. Court had colloquy with counsel. Court invites principals to attend all proceedings. InfoBionic may file summary judgment motion on 101. Fact Discovery closes 12/23/2020; Markman hearing set for 12/17/2020 at 2:30 p.m. Status Conf. set for 1/7/2021 at 2:15. Parties to submit additional language. Discovery requests to be served and counsel to confer; counsel may contact the clerk for a conference if needed. Scheduling Order to follow. (15cv11803 document 527 granted in open court.) (Discovery to be completed by 12/23/2020, Markman Hearing set for 12/17/2020 02:30 PM before Judge Indira Talwani., Status Conference set for 1/7/2021 02:15 PM before Judge Indira Talwani.) (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Sharon Lee, Bradford J. Badke, Ching-Lee Fukuda, Jack W. Pirozzolo, Charles H. Sanders, Maximilian A. Grant) (MacDonald, Gail) 76 Filed & Entered: 08/14/2020 Joint statement of counsel Docket Text: JOINT STATEMENT of counsel Joint Submission of the Parties' Proposed Schedule. (Attachments: # (1) Exhibit A - Proposed Scheduling Order)(Badke, Bradford) 78 Filed & Entered: 08/17/2020 Notice of Appearance Docket Text: NOTICE of Appearance by Christopher W. Henry on behalf of InfoBionic, Inc (Henry, Christopher) 79 Filed & Entered: 08/17/2020Terminated: 08/18/2020 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Diane E. Ghrist Filing fee: $ 100, receipt number 0101-8377625 by InfoBionic, Inc. (Attachments: # (1) Certification of Diane E. Ghrist)(Sanders, Charles) 80 Filed & Entered: 08/18/2020 Order on Motion for Leave to Appear Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [79] Motion for Leave to Appear Pro Hac Vice Added Diane E. Ghrist. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) 81 Filed & Entered: 08/18/2020 Scheduling Order Docket Text: Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached Order. (Kelly, Danielle) 82 Filed & Entered: 08/25/2020 Answer to Amended Complaint Docket Text: ANSWER to [25] Amended Complaint,, by InfoBionic, Inc.(Sanders, Charles) 83 Filed: 09/16/2020 Entered: 09/17/2020 Transcript Docket Text: Transcript of Telephonic Scheduling Conference held on August 11, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 10/7/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/15/2020. (Belpedio, Lisa) 84 Filed: 09/16/2020 Entered: 09/17/2020 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Belpedio, Lisa) 85 Filed & Entered: 09/21/2020 Preliminary Invalidity and Non-Infringement Contentions Docket Text: Preliminary Invalidity and Non-Infringement Contentions by InfoBionic, Inc. (Attachments: # (1) Exhibit 1 - Misczynski chart, # (2) Exhibit 2 - Korzinov 201 chart, # (3) Exhibit 3 - Ritscher chart, # (4) Exhibit 4 - Korzinov 089 chart, # (5) Exhibit 5 - Glass chart, # (6) Exhibit 6 - Declaration of Joseph G. Akar, MD, PhD, # (7) Exhibit A to Akar declaration, # (8) Exhibit B to Akar declaration, # (9) Exhibit C to Akar declaration, # (10) Exhibit D to Akar declaration, # (11) Exhibit E to Akar declaration, # (12) Exhibit F to Akar declaration, # (13) Exhibit G to Akar declaration, # (14) Exhibit H to Akar declaration, # (15) Exhibit I to Akar declaration, # (16) Exhibit J to Akar declaration, # (17) Exhibit K to Akar declaration, # (18) Exhibit L to Akar declaration, # (19) Exhibit M to Akar declaration, # (20) Exhibit N to Akar declaration, # (21) Exhibit O to Akar declaration, # (22) Exhibit P to Akar declaration, # (23) Exhibit Q to Akar declaration, # (24) Exhibit R to Akar declaration, # (25) Exhibit S to Akar declaration, # (26) Exhibit T to Akar declaration, # (27) Exhibit U to Akar declaration, # (28) Exhibit V to Akar declaration, # (29) Exhibit W to Akar declaration, # (30) Exhibit X to Akar declaration, # (31) Exhibit Y to Akar declaration, # (32) Exhibit Z to Akar declaration, # (33) Exhibit AA to Akar declaration)(Sanders, Charles) 86 Filed & Entered: 09/21/2020Terminated: 09/25/2020 Motion for Leave to File Docket Text: MOTION for Leave to File Portions of InfoBionic, Inc.'s Preliminary Invalidity and Non-Infringement Contentions Under Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) 87 Filed & Entered: 09/25/2020 Order on Motion for Leave to File Docket Text: Judge Indira Talwani: ORDER entered ALLOWING without prejudice Defendant Infobionic's Motion for Leave to File Under Seal [86]. See attached Order. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) 89 Filed & Entered: 10/02/2020Terminated: 10/05/2020 Motion for Protective Order Docket Text: Joint MOTION for Protective Order / Stipulated Protective Order and Stipulated Order Regarding Electronic Discovery by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A - Stipulated Protective Order, # (2) Exhibit B - Stipulated Order Regarding Electronic Discovery)(Badke, Bradford) 90 Filed & Entered: 10/02/2020Terminated: 10/02/2020 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Andrew T. Langford Filing fee: $ 100, receipt number 0101-8447469 by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Certification of Andrew T. Langford)(Pirozzolo, Jack) 91 Filed & Entered: 10/02/2020 Order on Motion for Leave to Appear Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [90] Motion for Leave to Appear Pro Hac Vice Added Andrew T. Langford. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) 92 Filed & Entered: 10/05/2020 Notice of Hearing Docket Text: ELECTRONIC NOTICE of Hearing. Telephone Conference set for 10/7/2020 03:15 PM before Judge Indira Talwani. Teleconference # (888)-808-6929 access code: 8523158 (MacDonald, Gail) 93 Filed & Entered: 10/05/2020 Order on Motion for Protective Order Docket Text: Judge Indira Talwani: ELECTRONIC ORDER granting in part and denying in part [89] Joint Motion for Protective Order / Stipulated Protective Order and Stipulated Order Regarding Electronic Discovery. The order is denied without prejudice for renewal as to the parties' proposed stipulated protective order. The court will discuss the proposed protective order with counsel at the October 7, 2020 telephonic conference. The joint motion is allowed as to the stipulated order regarding electronic discovery. (Kelly, Danielle) 94 Filed & Entered: 10/05/2020 Stipulation and Order Docket Text: Judge Indira Talwani: ORDER entered. STIPULATED ORDER REGARDING ELECTRONIC DISCOVERY. (Kelly, Danielle) 98 Filed: 10/07/2020 Entered: 10/08/2020 Telephone Conference Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Telephone Conference held on 10/7/2020. Case called. Court had colloquy with counsel. Counsel may file a new, proposed Protective Order. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Bradford J. Badke, Ching-Lee Fukuda, Nathaniel A. Greenblatt, Andrew T. Langford, Sharon Lee, Jack W. Pirozzolo, Christopher W. Henry, Charles H. Sanders) (MacDonald, Gail) 95 Filed & Entered: 10/08/2020Terminated: 04/30/2021 Motion for Judgment on the Pleadings Docket Text: MOTION for Judgment on the Pleadings on InfoBionic's Section 101 Defense by Braemar Manufacturing, LLC, Cardionet, LLC.(Fukuda, Ching-Lee) 96 Filed & Entered: 10/08/2020 Memorandum in Support of Motion Docket Text: MEMORANDUM in Support re [95] MOTION for Judgment on the Pleadings on InfoBionic's Section 101 Defense filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 97 Filed & Entered: 10/08/2020 Declaration Docket Text: DECLARATION re [95] MOTION for Judgment on the Pleadings on InfoBionic's Section 101 Defense, [96] Memorandum in Support of Motion by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Greenblatt, Nathaniel) 99 Filed & Entered: 10/09/2020Terminated: 10/13/2020 Motion for Protective Order Docket Text: Joint MOTION for Protective Order / for Entry of Stipulated Protective Order by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A - Stipulated Protective Order, # (2) Exhibit B - Redline)(Badke, Bradford) 100 Filed & Entered: 10/13/2020 Protective Order Docket Text: Judge Indira Talwani: ORDER entered. STIPULATED PROTECTIVE ORDER. (Kelly, Danielle) 101 Filed & Entered: 10/13/2020Terminated: 04/30/2021 Motion for Summary Judgment Docket Text: MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 by InfoBionic, Inc.(Sanders, Charles) 102 Filed & Entered: 10/13/2020 Memorandum in Support of Motion Docket Text: MEMORANDUM in Support re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 filed by InfoBionic, Inc. (Sanders, Charles) 103 Filed & Entered: 10/13/2020 Statement of Material Facts L.R. 56.1 Docket Text: Statement of Material Facts L.R. 56.1 re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 filed by InfoBionic, Inc. (Sanders, Charles) 104 Filed & Entered: 10/13/2020 Affidavit in Support of Motion Docket Text: AFFIDAVIT of Charles H. Sanders in Support re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 filed by InfoBionic, 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, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R)(Sanders, Charles) 105 Filed: 10/13/2020 Entered: 10/14/2020 Transcript Docket Text: Transcript of Telephonic Conference held on October 7, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 11/3/2020. Redacted Transcript Deadline set for 11/13/2020. Release of Transcript Restriction set for 1/11/2021. (Coppola, Katelyn) 106 Filed: 10/13/2020 Entered: 10/14/2020 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) 107 Filed & Entered: 10/22/2020 Opposition to Motion Docket Text: Opposition re [95] MOTION for Judgment on the Pleadings on InfoBionic's Section 101 Defense filed by InfoBionic, Inc. (Attachments: # (1) Exhibit A)(Sanders, Charles) 108 Filed & Entered: 11/03/2020 Notice of Hearing Docket Text: ELECTRONIC NOTICE of Hearing. Telephone Conference set for 11/12/2020 04:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference # (888)-808-6929 access code: 8523158. (MacDonald, Gail) 109 Filed & Entered: 11/03/2020 Memorandum in Opposition to Motion Docket Text: MEMORANDUM in Opposition re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 110 Filed & Entered: 11/03/2020 Statement of Material Facts L.R. 56.1 Docket Text: Statement of Material Facts L.R. 56.1 re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 111 Filed & Entered: 11/03/2020 Declaration Docket Text: DECLARATION Rule 56(d) Declaration of Ching-Lee Fukuda by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 112 Filed & Entered: 11/03/2020 Declaration Docket Text: DECLARATION re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Greenblatt, Nathaniel) 113 Filed & Entered: 11/10/2020 Preliminary Claim Construction Briefs Docket Text: Preliminary Claim Construction Briefs by InfoBionic, Inc. (Sanders, Charles) 114 Filed & Entered: 11/10/2020 Declaration Docket Text: DECLARATION re [113] Preliminary Claim Construction Briefs of Dr. Mark Kroll by InfoBionic, 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)(Sanders, Charles) 115 Filed & Entered: 11/10/2020 Declaration Docket Text: DECLARATION re [113] Preliminary Claim Construction Briefs of Charles H. Sanders by InfoBionic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Sanders, Charles) 116 Filed & Entered: 11/10/2020 Preliminary Claim Construction Briefs Docket Text: Preliminary Claim Construction Briefs by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A)(Fukuda, Ching-Lee) 123 Filed: 11/12/2020 Entered: 11/23/2020 Telephone Conference Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Telephone Conference held on 11/12/2020. Case called. Court had colloquy with counsel re: discovery issue. Parties shall meet and confer and may file motion to continue fact discovery date. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Ching-Lee Fukuda, Andrew T. Langford, Sharon Lee, Jack W. Pirozzolo, Todd M. Simpson, Christopher W. Henry, Charles H. Sanders) (MacDonald, Gail) 117 Filed & Entered: 11/16/2020Terminated: 11/17/2020 Motion for Extension of Time to Complete Discovery Docket Text: Joint MOTION for Extension of Time to Complete Discovery , a status conference, expert discovery, Daubert motions, and dispositive motions by approximately six weeks by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Text of Proposed Order)(Badke, Bradford) 118 Filed & Entered: 11/17/2020 Reply to Response to Motion Docket Text: REPLY to Response to [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 filed by InfoBionic, Inc. (Sanders, Charles) 119 Filed & Entered: 11/17/2020 Notice Resetting Hearings Docket Text: NOTICE Resetting a Hearing. PLEASE NOTE CHANGE TO 9:30 A.M. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Markman Hearing set for 12/17/2020 09:30 AM in Remote Proceeding : Boston before Judge Indira Talwani. (MacDonald, Gail) 120 Filed & Entered: 11/17/2020 Order Docket Text: Judge Indira Talwani: ORDER entered. Order Granting Joint Motion to Extend Deadlines for Fact Discovery, a Status Conference, Expert Discovery, and Daubert and Dispositive Motions [117]. Status Conference set for 01/07/2021 is RESET to 2/9/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This conference will be held telephonically. The parties are instructed to call 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (Kelly, Danielle) 121 Filed: 11/19/2020 Entered: 11/23/2020 Transcript Docket Text: Transcript of Telephonic Conference held on November 12, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (Coppola, Katelyn) 122 Filed: 11/19/2020 Entered: 11/23/2020 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) 124 Filed & Entered: 11/24/2020 Reply to Preliminary Claim Construction Briefs Docket Text: Reply to Preliminary Claim Construction Briefs by InfoBionic, Inc. (Sanders, Charles) 125 Filed & Entered: 11/24/2020 Reply to Preliminary Claim Construction Briefs Docket Text: Reply to Preliminary Claim Construction Briefs by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 126 Filed & Entered: 11/24/2020 Declaration Docket Text: DECLARATION re [125] Reply to Preliminary Claim Construction Briefs Rebuttal Expert Declaration of Dr. Kenneth Fernald Regarding Claim Construction for U.S. Patent No. 7,941,207 by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Fukuda, Ching-Lee) 127 Filed & Entered: 11/24/2020 Declaration Docket Text: DECLARATION re [125] Reply to Preliminary Claim Construction Briefs Declaration of Nathan Greenblatt in Support of Plaintiffs' Reply Claim Construction Brief by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit B)(Fukuda, Ching-Lee) 128 Filed & Entered: 12/01/2020Terminated: 12/29/2020 Motion to Strike Docket Text: MOTION to Strike [126] Declaration, (Dr. Kenneth Fernald's Claim Construction Opinions) by InfoBionic, Inc.(Sanders, Charles) 129 Filed & Entered: 12/01/2020 Memorandum in Support of Motion Docket Text: MEMORANDUM in Support re [128] MOTION to Strike [126] Declaration, (Dr. Kenneth Fernald's Claim Construction Opinions) filed by InfoBionic, Inc. (Sanders, Charles) 130 Filed & Entered: 12/01/2020 Affidavit in Support of Motion Docket Text: AFFIDAVIT of Christopher W. Henry in Support re [128] MOTION to Strike [126] Declaration, (Dr. Kenneth Fernald's Claim Construction Opinions) filed by InfoBionic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Sanders, Charles) 131 Filed & Entered: 12/01/2020 Joint Claim Construction and Prehearing Statement Docket Text: Joint Claim Construction and Prehearing Statement by Braemar Manufacturing, LLC, Cardionet, LLC. (Badke, Bradford) 132 Filed & Entered: 12/04/2020 Order Docket Text: Judge Indira Talwani: ELECTRONIC ORDER: On December 1, 2020, InfoBionic filed a Motion to Strike the Rebuttal Expert Declaration of Dr. Kenneth Fernald [128]. InfoBionic asserts that CardioNet improperly introduced new expert evidence in its Reply to InfoBionic's Opening Claim Construction Brief [125]. InfoBionic requests that the new evidence be stricken, or, in the alternative, that InfoBionic be granted leave to depose Dr. Fernald prior to the December 17, 2020 claim construction hearing and to also submit a five-page brief addressing the arguments put forth by Dr. Fernald. Also on December 1, 2020, CardioNet reported that it intends to file a motion to strike the testimony of InfoBionic's expert, Dr. Kroll, and to oppose InfoBionic's motion to strike. Joint Claim Construction and Prehearing Statement [131]. So that the court may resolve the disputes in advance of the claim-construction hearing, the December 17, 2020 claim construction hearing is continued to Thursday, January 28, 2021, at 2:30 P.M. If CardioNet still intends to file a motion to strike the testimony of InfoBionic's expert, Dr. Kroll, it shall do so no later than December 8, 2020. Markman Hearing set for December 17, 2020 is RESET for January 28, 2021 at 2:30 P.M. in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) 133 Filed & Entered: 12/07/2020Terminated: 12/08/2020 Motion for Extension of Time to Amend Docket Text: Joint MOTION for Extension of Time to December 29, 2020 to Amend / Supplement Preliminary Disclosures by Braemar Manufacturing, LLC, Cardionet, LLC.(Badke, Bradford) (Additional attachment(s) added on 12/8/2020: # (1) Text of Proposed Order) (Kelly, Danielle). (Main Document 133 replaced on 12/8/2020) (Kelly, Danielle). 134 Filed & Entered: 12/08/2020 Order on Motion for Extension of Time to Amend Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [133] Joint Motion for Extension of Time to December 29, 2020 to Amend / Supplement Preliminary Disclosures. (Kelly, Danielle) 135 Filed & Entered: 12/08/2020Terminated: 12/29/2020 Motion to Strike Docket Text: MOTION to Strike [114] Declaration, of Dr. Mark Kroll by Braemar Manufacturing, LLC, Cardionet, LLC.(Fukuda, Ching-Lee) 136 Filed & Entered: 12/08/2020 Memorandum in Support of Motion Docket Text: MEMORANDUM in Support re [135] MOTION to Strike [114] Declaration, of Dr. Mark Kroll filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 137 Filed & Entered: 12/08/2020 Exhibit Docket Text: EXHIBIT re [136] Memorandum in Support of Motion to Strike (Kroll Declaration with Challenged Paragraphs Highlighted) by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 138 Filed & Entered: 12/15/2020 Memorandum in Opposition to Motion Docket Text: MEMORANDUM in Opposition re [128] MOTION to Strike [126] Declaration, (Dr. Kenneth Fernald's Claim Construction Opinions) filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 139 Filed & Entered: 12/15/2020 Declaration Docket Text: DECLARATION re [128] MOTION to Strike [126] Declaration, (Dr. Kenneth Fernald's Claim Construction Opinions) by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Greenblatt, Nathaniel) 140 Filed & Entered: 12/18/2020 Notice Resetting Hearings Docket Text: NOTICE Resetting a Hearing. Markman Hearing set for 1/28/2021 is RESET for 1/26/2021 10:00 AM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) 141 Filed & Entered: 12/22/2020 Opposition to Motion Docket Text: Opposition re [135] MOTION to Strike [114] Declaration, of Dr. Mark Kroll filed by InfoBionic, Inc. (Sanders, Charles) 142 Filed & Entered: 12/29/2020 Order on Motion to Strike Docket Text: Judge Indira Talwani: Electronic Order: granting in part and denying in part Defendant InfoBionic Inc.'s ("InfoBionic") Motion to Strike the Rebuttal Expert Declaration of Dr. Kenneth Fernald [128]. InfoBionic asserts that Plaintiff CardioNet, LLC's ("CardioNet") "opening brief should have included any expert declaration on which CardioNet intended to rely" and that CardioNet's later-filed expert declaration is therefore untimely. InfoBionic Mem. 1 [129]. InfoBionic contends further that InfoBionic has been prejudiced by CardioNet's untimely filing in that InfoBionic has not had any opportunity to depose Dr. Fernald on the opinions expressed in his declaration and / or respond to his positions through argument or expert opinion. CardioNet responds that under the scheduling order in place, CardioNet was not required to submit a declaration from Dr. Fernald with its opening brief, and that InfoBionic could have cured any prejudice by accepting CardioNet's offer to depose Dr. Fernald and to seek leave from the court to file a supplemental brief prior to the Markman hearing. CardioNet contends further that even if Dr. Fernald's declaration was untimely, striking the report is not the proper remedy. Under the specific circumstances present here, CardioNet's decision to introduce expert testimony limited in scope to rebutting the opinion of InfoBionic's expert is not necessarily improper or unfair. Although earlier disclosure would have been preferable, the court accepts CardioNet's assertion that it did not originally intend to introduce expert testimony, and did so only to respond to InfoBionic's filing. Here, where CardioNet offers the expert declaration solely to rebut InfoBionic's expert's opinion, the court finds good cause to allow a limited-in-scope responsive expert declaration that gives CardioNet the opportunity to respond to InfoBionic's expert. The court also grants InfoBioni's request to depose Dr. Fernald and file a limited-in-scope responsive brief directed at the opinions stated by Dr. Fernald. Any supplemental brief shall be limited to five pages and filed no later than January 20, 2020. (Kelly, Danielle) 143 Filed & Entered: 12/29/2020 Order on Motion to Strike Docket Text: Judge Indira Talwani: Electronic Order: denying Plaintiff CardioNet, LLC's ("CardioNet") Motion to Strike the Declaration of Dr. Mark Kroll [135]. CardioNet requests that the court strike or, in the alternative, disregard, dozens of paragraphs of the Declaration of Dr. Mark Kroll [114] submitted with InfoBionic's November 10, 2020 opening claim construction brief. CardioNet raised narrower objections to this declaration in a footnote in its November 24, 2020 responsive brief. See CardioNet Reply 11 n.5 [125] ("Paragraphs 105-107 of the Kroll Declaration are all 'legalese,' do not provide any opinions based on Mr. Kroll's technical knowledge, and do not identify any supporting facts or data"). The court will consider the objections raised in that footnote when considering the parties' respective claim construction filings and will give Dr. Kroll's testimony the weight it is to be accorded under the law. CardioNet's further objections raised in the Motion to Strike [135] and supporting memorandum [136] are denied as untimely and as improper additional briefing submitted without leave of court. (Kelly, Danielle) 144 Filed & Entered: 12/29/2020 Amended Document Docket Text: AMENDED DOCUMENT by InfoBionic, Inc. (InfoBionic Inc.'s First Supplemental Invalidity and Non-Infringement Contentions). (Attachments: # (1) Exhibit 1 - Misczynski chart, # (2) Exhibit 2 - Korzinov '201 chart, # (3) Exhibit 3 - Ritscher chart, # (4) Exhibit 4 - Korzinov '089 chart, # (5) Exhibit 5 - Glass chart, # (6) Exhibit 6 - Declaration of Dr. Akar with exhibits (originally filed 9/21/20 and incorporated by reference), # (7) Exhibit 7 - CardioNet C1 and Mortara chart)(Sanders, Charles) 145 Filed & Entered: 12/29/2020 Preliminary Disclosure of the Claims Infringed Docket Text: Preliminary Disclosure of the Claims Infringed by Braemar Manufacturing, LLC, Cardionet, LLC. (Fukuda, Ching-Lee) 146 Filed & Entered: 01/04/2021 Notice of Hearing Docket Text: ELECTRONIC NOTICE of Hearing. Telephone Conference set for 1/13/2021 02:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail) 147 Filed & Entered: 01/05/2021Terminated: 01/08/2021 Motion to Seal Docket Text: MOTION for Leave to File Under Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) Modified on 1/8/2021 to fix event type (Vieira, Leonardo). 148 Filed & Entered: 01/06/2021 Notice requesting courtesy copy Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [116] Preliminary Claim Construction Briefs, [113] Preliminary Claim Construction Briefs, [114] Declaration, [127] Declaration, [115] Declaration, [124] Reply to Preliminary Claim Construction Briefs, [125] Reply to Preliminary Claim Construction Briefs, [126] Declaration,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (Vieira, Leonardo) 149 Filed & Entered: 01/06/2021Terminated: 01/08/2021 Motion to Seal Docket Text: MOTION for Leave to File Under Seal Portions of Exhibit 7 to InfoBionic, Inc.'s First Supplemental Invalidity and Non-Infringement Contentions by Braemar Manufacturing, LLC, Cardionet, LLC.(Fukuda, Ching-Lee) Modified on 1/8/2021 to fix event type (Vieira, Leonardo). 150 Filed & Entered: 01/08/2021 Order on Motion to Seal Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered: ALLOWING [147] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) 151 Filed & Entered: 01/08/2021 Order on Motion to Seal Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered: ALLOWING [149] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) 153 Filed: 01/13/2021 Entered: 01/14/2021 Telephone Conference Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Telephone Conference held on 1/13/2021. Case called. Court had colloquy with counsel re: discovery issue. Document production deadline 1/22/21. Parties to confer re: Interrogatory 25 and the subpoenas to 3rd parties. If these issues are not resolved they will be addressed at the next Status Conference set for 1/29/2021 02:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Sharon Lee, Bradford J. Badke, Ching-Lee Fukuda, Jack W. Pirozzolo, Charles H. Sanders, Diane E. Ghrist) (MacDonald, Gail) 155 Filed & Entered: 01/15/2021 Exhibit Docket Text: EXHIBIT re [144] Amended Document,, (REDACTED EXHIBIT 7 - REVISED VERSION) by InfoBionic, Inc. (Sanders, Charles) 156 Filed & Entered: 01/19/2021 Brief Docket Text: BRIEF by InfoBionic, Inc (Supplemental Brief Regarding Dr. Fernald's Rebuttal Claim Construction Opinions). (Attachments: # (1) Exhibit A)(Sanders, Charles) 158 Filed: 01/21/2021 Entered: 01/25/2021 Transcript Docket Text: Transcript of Telephonic Conference held on January 13, 2021, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 2/11/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/21/2021. (Coppola, Katelyn) 159 Filed: 01/21/2021 Entered: 01/25/2021 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) 157 Filed & Entered: 01/25/2021 Notice (Other) Docket Text: NOTICE of the U.S. Supreme Court's Denial of Infobionic's Petition for a Writ of Certiorari Regarding the Eligibility of U.S. Patent No. 7,941,207 Under 35 U.S.C. § 101 by Braemar Manufacturing, LLC, Cardionet, LLC (Attachments: # (1) Exhibit A)(Fukuda, Ching-Lee) Modified on 1/26/2021: Corrected docket text to properly reflect filing (Kelly, Danielle). 160 Filed & Entered: 01/26/2021 Markman Hearing Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Markman Hearing held on 1/26/2021. Case called. Court heard tutorials and argument from counsel. The court will review terms and issue a decision. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Bradford J. Badke, Ching-Lee Fukuda, Nathaniel A. Greenblatt, Andrew T. Langford, Sharon Lee, Jack W. Pirozzolo, Diane E. Ghrist, Christopher W. Henry, Charles H. Sanders) (MacDonald, Gail) 161 Filed & Entered: 01/28/2021 Amended Document Docket Text: AMENDED DOCUMENT by InfoBionic, Inc. (InfoBionic Inc.'s Second Supplemental Non-Infringement Contentions). (Sanders, Charles) 162 Filed & Entered: 01/29/2021 Status Conference Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 1/29/2021. Case called. Court had colloquy with counsel. Court adopted counsels' proposal; vacated fact discovery deadlines, leaving in place April dates going forward. Parties to confer for 2 weeks to resolve outstanding issues and if unable to resolve, any motions to compel due by 2/19/2021. Whether or not motions are filed, a Joint Statement re deadlines and any proposed modifications to the schedule shall be filed by 2/19/2021. The 2/9/2021 Status conference is canceled but counsel shall include any request for a conference in the Joint Statement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Bradford J. Badke, Ching-Lee Fukuda, Andrew T. Langford, Sharon Lee, Jack W. Pirozzolo, Diane E. Ghrist, Christopher W. Henry, Charles H. Sanders) (MacDonald, Gail) 166 Filed: 02/01/2021 Entered: 02/05/2021 Transcript Docket Text: Transcript of Markman Hearing held on January 26, 2021, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 2/22/2021. Redacted Transcript Deadline set for 3/4/2021. Release of Transcript Restriction set for 5/3/2021. (Coppola, Katelyn) 167 Filed: 02/01/2021 Entered: 02/05/2021 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) 163 Filed & Entered: 02/03/2021Terminated: 02/04/2021 Motion to Seal Docket Text: MOTION for Leave to File Under Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) Modified on 2/4/2021: Corrected event type (Kelly, Danielle). 164 Filed & Entered: 02/04/2021 Order on Motion to Seal Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered granting Defendant's unopposed Motion for Leave to File Under Seal [163] for the reasons set forth in the court's September 25, 2020 Order [87]. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) 168 Filed: 02/04/2021 Entered: 02/05/2021 Transcript Docket Text: Transcript of Telephonic Status Conference held on January 29, 2021, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 2/25/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/5/2021. (Coppola, Katelyn) 169 Filed: 02/04/2021 Entered: 02/05/2021 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) 170 Filed & Entered: 02/10/2021 Notice (Other) Docket Text: NOTICE by InfoBionic, Inc re [101] MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Sec. 101 (Notice of Pertinent Testimony) (Attachments: # (1) Exhibit A)(Sanders, Charles) (Additional attachment(s) added on 4/14/2021: # (2) Exhibit A *SEALED*) (Kelly, Danielle). 171 Filed & Entered: 02/12/2021 Corporate Disclosure Statement Docket Text: CORPORATE DISCLOSURE STATEMENT by Braemar Manufacturing, LLC identifying Corporate Parent Koninklijke Philips N.V., Corporate Parent BioTelemetry, Inc. for Braemar Manufacturing, LLC.. (Fukuda, Ching-Lee) 172 Filed & Entered: 02/12/2021 Corporate Disclosure Statement Docket Text: CORPORATE DISCLOSURE STATEMENT by Cardionet, LLC identifying Corporate Parent Koninklijke Philips N.V., Corporate Parent BioTelemetry, Inc. for Cardionet, LLC.. (Fukuda, Ching-Lee) 173 Filed & Entered: 02/12/2021Terminated: 02/16/2021 Motion for Extension of Time Docket Text: Joint MOTION for Extension of Time to March 5, 2021 and March 12, 2021 to Meet and Confer and File Joint Statement by Braemar Manufacturing, LLC, Cardionet, LLC.(Badke, Bradford) 174 Filed & Entered: 02/15/2021Terminated: 02/16/2021 Motion for Extension of Time to Complete Discovery Docket Text: MOTION for Extension of Time to March 5, 2021 and March 12, 2021 to Complete Discovery (CORRECTED) by Braemar Manufacturing, LLC, Cardionet, LLC.(Badke, Bradford) 175 Filed & Entered: 02/16/2021 Order Docket Text: Judge Indira Talwani: ELECTRONIC ORDER Allowing [174] Motion for Extension of Time to March 5, 2021 and March 12, 2021 to Complete Discovery (CORRECTED) and Denying [173] Joint Motion for Extension of Time to March 5, 2021 and March 12, 2021 to Meet and Confer and File Joint Statement as moot. (Kelly, Danielle) 176 Filed & Entered: 02/17/2021 Response Docket Text: Response by Braemar Manufacturing, LLC, Cardionet, LLC to [170] Notice (Other) . (Attachments: # (1) Exhibit A)(Fukuda, Ching-Lee) 177 Filed & Entered: 02/18/2021Terminated: 04/12/2021 Motion for Leave to File Docket Text: MOTION for Leave to File Under Seal (Unopposed) by Braemar Manufacturing, LLC, Cardionet, LLC.(Lee, Sharon) 178 Filed & Entered: 03/12/2021Terminated: 04/12/2021 Motion to Modify Docket Text: Joint MOTION to Modify Current Case Schedule and Joint Statement Regarding Deadlines by Braemar Manufacturing, LLC, Cardionet, LLC.(Badke, Bradford) 179 Filed & Entered: 03/12/2021Terminated: 04/04/2022 Motion to Compel Docket Text: MOTION to Compel by InfoBionic, Inc.(Sanders, Charles) 180 Filed & Entered: 03/12/2021 Memorandum in Support of Motion Docket Text: MEMORANDUM in Support re [179] MOTION to Compel filed by InfoBionic, Inc. (Sanders, Charles) (Additional attachment(s) added on 4/13/2021: # (1) MEMORANDUM in Support *SEALED*) (Kelly, Danielle). 181 Filed & Entered: 03/12/2021Terminated: 04/04/2022 Motion to Compel Docket Text: MOTION to Compel by Braemar Manufacturing, LLC, Cardionet, LLC.(Badke, Bradford) 182 Filed & Entered: 03/12/2021 Affidavit in Support of Motion Docket Text: AFFIDAVIT of Diane E. Ghrist in Support re [179] MOTION to Compel filed by InfoBionic, 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)(Sanders, Charles) (Additional attachment(s) added on 4/13/2021: # (16) Exhibit B *SEALED*, # (17) Exhibit F *SEALED*, # (18) Exhibit H *SEALED*, # (19) Exhibit I *SEALED*, # (20) Exhibit K *SEALED*, # (21) Exhibit L *SEALED*, # (22) Exhibit M *SEALED*, # (23) Exhibit N *SEALED*, # (24) Exhibit O *SEALED*) (Kelly, Danielle). 183 Filed & Entered: 03/12/2021 Memorandum in Support of Motion Docket Text: MEMORANDUM in Support re [181] MOTION to Compel filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Text of Proposed Order)(Badke, Bradford) (Additional attachment(s) added on 4/13/2021: # (2) MEMORANDUM in Support *SEALED*) (Kelly, Danielle). 184 Filed & Entered: 03/12/2021 Declaration Docket Text: DECLARATION re [181] MOTION to Compel of Andrew T. Langford in Support by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35)(Langford, Andrew) (Additional attachment(s) added on 4/13/2021: # (36) DECLARATION *SEALED*, # (37) Exhibit 6 *SEALED*, # (38) Exhibit 8 *SEALED*, # (39) Exhibit 9 *SEALED*, # (40) Exhibit 10 *SEALED*, # (41) Exhibit 13 *SEALED*, # (42) Exhibit 14 *SEALED*, # (43) Exhibit 15 *SEALED*, # (44) Exhibit 16 *SEALED*, # (45) Exhibit 17 *SEALED*, # (46) Exhibit 18 *SEALED*, # (47) Exhibit 19 *SEALED*, # (48) Exhibit 20 *SEALED*, # (49) Exhibit 21 *SEALED*, # (50) Exhibit 26 *SEALED*, # (51) Exhibit 27 *SEALED*, # (52) Exhibit 28 *SEALED*, # (53) Exhibit 29 *SEALED*, # (54) Exhibit 30 *SEALED*, # (55) Exhibit 31 *SEALED*, # (56) Exhibit 32 *SEALED*, # (57) Exhibit 33 *SEALED*) (Kelly, Danielle). 185 Filed & Entered: 03/19/2021Terminated: 04/12/2021 Motion to Seal Docket Text: Assented to MOTION to Seal by Cardionet, LLC.(Lee, Sharon) 186 Filed & Entered: 03/19/2021Terminated: 04/12/2021 Motion to Seal Docket Text: MOTION to Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) 187 Filed & Entered: 03/26/2021 Memorandum in Opposition to Motion Docket Text: MEMORANDUM in Opposition re [179] MOTION to Compel filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Badke, Bradford) (Additional attachment(s) added on 4/13/2021: # (1) MEMORANDUM in Opposition *SEALED*) (Kelly, Danielle). 188 Filed & Entered: 03/26/2021 Opposition to Motion Docket Text: Opposition re [181] MOTION to Compel filed by InfoBionic, Inc. (Sanders, Charles) (Additional attachment(s) added on 4/13/2021: # (1) Opposition *SEALED*) (Kelly, Danielle). 189 Filed & Entered: 03/26/2021 Declaration Docket Text: DECLARATION re [179] MOTION to Compel of Andrew T. Langford in Opposition by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18)(Langford, Andrew) (Additional attachment(s) added on 4/13/2021: # (19) DECLARATION *SEALED*, # (20) Exhibit 2 *SEALED*, # (21) Exhibit 11 *SEALED*, # (22) Exhibit 13 *SEALED*, # (23) Exhibit 14 *SEALED*, # (24) Exhibit 15 *SEALED*, # (25) Exhibit 16 *SEALED*, # (26) Exhibit 18 *SEALED*) (Kelly, Danielle). 190 Filed & Entered: 03/26/2021 Affidavit in Opposition to Motion Docket Text: AFFIDAVIT of Diane E. Ghrist in Opposition re [181] MOTION to Compel filed by InfoBionic, 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)(Sanders, Charles) (Additional attachment(s) added on 4/13/2021: # (16) Exhibit B *SEALED*, # (17) Exhibit C *SEALED*, # (18) Exhibit D *SEALED*, # (19) Exhibit E *SEALED*, # (20) Exhibit F *SEALED*, # (21) Exhibit H *SEALED*, # (22) Exhibit L *SEALED*, # (23) Exhibit N *SEALED*) (Kelly, Danielle). 191 Filed & Entered: 04/02/2021Terminated: 04/12/2021 Motion to Seal Docket Text: MOTION to Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) 192 Filed & Entered: 04/02/2021Terminated: 04/12/2021 Motion to Seal Docket Text: MOTION to Seal (Unopposed) by Braemar Manufacturing, LLC, Cardionet, LLC.(Lee, Sharon) 193 Filed & Entered: 04/12/2021 Order Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered GRANTING the parties' Joint Motion to Modify the Current Case Schedule [178] as follows: (1) with the exception of any discovery that may arise from resolution of the pending Motions to Compel [179], [181], fact discovery shall be completed by April 29, 2021; (2) all expert discovery and dispositive motion deadlines are stayed pending further court order; and (3) a status conference is set for April 30, 2021, at 11:00 a.m. to discuss next steps. The court anticipates denying Plaintiffs' Motion for Judgment on the Pleadings [95], denying Defendant's Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 101 [101], and issuing the claim construction decision in advance of the status conference. At the April 30 status conference, the parties should be prepared to discuss: (1) whether discovery should remain stayed pending resolution, on an expedited basis, of a renewed motion or cross motions as to invalidity in light of the claim construction ruling and/or completion of fact discovery; (2) whether adjudication of the pending motions to compel is necessary prior to the court addressing any renewed motion(s) on the question of invalidity; and (3) a proposed briefing schedule. Good cause shown, the pending Motions for Leave to File Under Seal [177], [185], [186], [191], [192] are GRANTED. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) 194 Filed & Entered: 04/12/2021 Notice (Other) Docket Text: ELECTRONIC NOTICE: The Status Conference set for 4/30/2021 at 11:00 AM will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) 195 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[183] Memorandum in Support of Motion, byBraemar Manufacturing, LLC, Cardionet, LLC. (Lee, Sharon) 196 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[184] Declaration,,,,,, byBraemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit 6, # (2) Exhibit 8, # (3) Exhibit 9, # (4) Exhibit 10, # (5) Exhibit 13, # (6) Exhibit 14, # (7) Exhibit 15, # (8) Exhibit 16, # (9) Exhibit 17, # (10) Exhibit 18, # (11) Exhibit 20, # (12) Exhibit 21, # (13) Exhibit 26, # (14) Exhibit 27, # (15) Exhibit 28, # (16) Exhibit 29, # (17) Exhibit 30, # (18) Exhibit 31, # (19) Exhibit 32, # (20) Exhibit 33)(Lee, Sharon) 197 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[189] Declaration,,, byBraemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit 6, # (2) Exhibit 17)(Lee, Sharon) 198 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[170] Notice (Other), byInfoBionic, Inc. (Attachments: # (1) Exhibit A)(Sanders, Charles) 199 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[180] Memorandum in Support of Motion byInfoBionic, Inc. (Sanders, Charles) 200 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[182] Affidavit in Support of Motion,, byInfoBionic, Inc. (Attachments: # (1) Exhibit B, # (2) Exhibit F, # (3) Exhibit G, # (4) Exhibit H, # (5) Exhibit I, # (6) Exhibit K, # (7) Exhibit L, # (8) Exhibit M)(Sanders, Charles) 201 Filed & Entered: 04/19/2021 Redacted Document Docket Text: REDACTION to[190] Affidavit in Opposition to Motion,, byInfoBionic, Inc. (Attachments: # (1) Exhibit D, # (2) Exhibit E)(Sanders, Charles) 202 Filed & Entered: 04/27/2021 Order Docket Text: Judge Indira Talwani: ORDER entered. Order on Claim Construction. Please see attached. (Kelly, Danielle) 203 Filed & Entered: 04/30/2021 Memorandum & ORDER Docket Text: Judge Indira Talwani: ORDER entered. Memorandum and Order. CardioNet's Motion for Judgment on the Pleadings [95] is DENIED and InfoBionic's Motion for Summary Judgment [101] is DENIED WITHOUT PREJUDICE. Please see attached. (Kelly, Danielle) 204 Filed & Entered: 04/30/2021 Status Conference Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 4/30/2021. Case called. Court had colloquy with counsel. Parties to confer and jointly file proposed schedule re: the § 101 issue and depositions; due by 5/7/2021. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Bradford J. Badke, Ching-Lee Fukuda, Nathaniel A. Greenblatt, Andrew T. Langford, Sharon Lee, Jack W. Pirozzolo, Christopher W. Henry, Charles H. Sanders) (MacDonald, Gail) 205 Filed & Entered: 04/30/2021Terminated: 05/03/2021 Motion to Amend Docket Text: Joint MOTION to Amend [144] Amended Document,, [145] Preliminary Disclosure of the Claims Infringed by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Badke, Bradford) (Additional attachment(s) added on 5/10/2021: # (5) Exhibit C *SEALED*, # (6) Exhibit D *SEALED*) (Kelly, Danielle). (Additional attachment(s) added on 5/10/2021: # (7) Exhibit A *SEALED*, # (8) Exhibit B *SEALED*, # (9) Exhibit C *SEALED*, # (10) Exhibit D *SEALED*) (Kelly, Danielle). 206 Filed & Entered: 05/03/2021 Order on Motion to Amend Docket Text: Judge Indira Talwani: ORDER entered Granting Joint Motion for Leave to Amend Preliminary Infringement and Invalidity Disclosures [205]. Please see attached. (Kelly, Danielle) 207 Filed & Entered: 05/03/2021 Preliminary Disclosure of the Claims Infringed Docket Text: Preliminary Disclosure of the Claims Infringed by Braemar Manufacturing, LLC, Cardionet, LLC. (Attachments: # (1) Appendix A (Redacted))(Fukuda, Ching-Lee) (Additional attachment(s) added on 5/10/2021: # (2) Appendix A *SEALED*) (Kelly, Danielle). 208 Filed & Entered: 05/04/2021 Amended Document Docket Text: AMENDED DOCUMENT by InfoBionic, Inc. (InfoBionic's Second Supplemental Invalidity Contentions). (Attachments: # (1) Exhibit 1 - Misczynski chart, # (2) Exhibit 2 - Korzinov '201 chart, # (3) Exhibit 3 - Ritscher chart, # (4) Exhibit 4 - Korzinov '089 chart, # (5) Exhibit 5 - Glass chart, # (6) Exhibit 6 - Declaration of Dr. Akar with exhibits (originally filed 9/21/20 and incorporated by reference), # (7) Exhibit 7 - CardioNet C1 and Mortara chart, # (8) Exhibit 8 - Quinton Q-Tel RMS and Mortara chart)(Sanders, Charles) (Additional attachment(s) added on 5/12/2021: # (9) InfoBionic's Second Supplemental *SEALED*, # (10) Exhibit 7 *SEALED*, # (11) Exhibit 8 *SEALED*) (Kelly, Danielle). 209 Filed: 05/04/2021 Entered: 05/07/2021 Transcript Docket Text: Transcript of Status Videoconference held on April 30, 2021, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 5/25/2021. Redacted Transcript Deadline set for 6/4/2021. Release of Transcript Restriction set for 8/2/2021. (Coppola, Katelyn) 210 Filed: 05/04/2021 Entered: 05/07/2021 Notice of Filing of Official Transcript Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) 211 Filed & Entered: 05/07/2021Terminated: 05/10/2021 Motion to Seal Docket Text: MOTION to Seal (Unopposed) by Braemar Manufacturing, LLC, Cardionet, LLC.(Lee, Sharon) 212 Filed & Entered: 05/07/2021Terminated: 05/10/2021 Motion to Seal Docket Text: MOTION to Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) 213 Filed & Entered: 05/07/2021 Joint statement of counsel Docket Text: JOINT STATEMENT of counsel regarding proposed schedule. (Badke, Bradford) 214 Filed & Entered: 05/10/2021 Order on Motion to Seal Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [211] Motion to Seal; ALLOWING [212] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) 215 Filed & Entered: 05/11/2021Terminated: 05/12/2021 Motion to Seal Docket Text: MOTION to Seal (Unopposed) by InfoBionic, Inc.(Henry, Christopher) 216 Filed & Entered: 05/12/2021 Order on Motion to Seal Docket Text: Judge Indira Talwani: ELECTRONIC ORDER ALLOWING [215] Motion to Seal Unopposed. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) 217 Filed & Entered: 05/17/2021 Notice of Appearance Docket Text: NOTICE of Appearance by Alissa K. Lipton on behalf of Braemar Manufacturing, LLC, Cardionet, LLC (Lipton, Alissa) 218 Filed & Entered: 05/17/2021Terminated: 05/18/2021 Motion to Withdraw as Attorney Docket Text: Assented to MOTION to Withdraw as Attorney by Braemar Manufacturing, LLC, Cardionet, LLC.(B |
| Mar 15, 2018 | 49 | Motion to Continue (3) Docket Text: Assented to MOTION to Continue hearing set for March 20, 2018 to April 10-12, 2018 by InfoBionic, Inc.(Sanders, Charles) |
| Mar 13, 2018 | N/A | Notice of Hearing on Motion (0) Docket Text: ELECTRONIC NOTICE Setting Hearing on Motion [36] MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Renewed) : Motion Hearing set for 3/20/2018 10:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Mar 9, 2018 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered DENYING [46] MOTION for Leave to File Supplemental Brief in Support of Patent Eligibility of U.S. Patent No. 7,941,207 (D.I. 40). (DaSilva, Carolina) |
| Feb 20, 2018 | 45 | Response (4) Docket Text: Response by InfoBionic, Inc to [43] Notice of Supplemental Authorities, [44] Notice of Supplemental Authorities . (Sanders, Charles) |
| Jun 28, 2017 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Jun 28, 2017 | 41 | Transcript (35) Docket Text: Transcript of Scheduling Conference held on May 22, 2017, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@comcast.net Redaction Request due 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (Scalfani, Deborah) |
| Jun 15, 2017 | 40 | Opposition to Motion (25) Docket Text: Opposition re [36] MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Renewed) filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Badke, Bradford) |
| Jun 2, 2017 | N/A | Notice requesting courtesy copy (0) Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [36] MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Renewed), [37] Memorandum in Support of Motion, [38] Declaration. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by June 7, 2017. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) Modified date on 6/2/2017 (DaSilva, Carolina). |
| Jun 1, 2017 | 37 | Memorandum in Support of Motion (27) Docket Text: MEMORANDUM in Support re [36] MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Renewed) filed by InfoBionic, Inc. (Sanders, Charles) |
| May 31, 2017 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered allowing MOTION for Leave to File Appendix A to Plaintiffs' Preliminary Infringement Contentions Under Seal [32] Counsel should now file the document for which leave to file has been granted. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDonald, Gail) |
| May 30, 2017 | 32 | Motion for Leave to File (3) Docket Text: MOTION for Leave to File Appendix A to Plaintiffs' Preliminary Infringement Contentions Under Seal (Unopposed) by Braemar Manufacturing, LLC, Cardionet, LLC.(Fukuda, Ching-Lee) |
| May 24, 2017 | 31 | Scheduling Order (6) Docket Text: Judge Indira Talwani: ORDER entered. SCHEDULING ORDER for Patent Infringement Cases: Motions to Amended Pleadings due by 6/30/2017. Preliminary Disclosure of the Claims Infringed due by 5/29/2017. See Attached Order. (DaSilva, Carolina) |
| May 22, 2017 | N/A | Scheduling Conference (0) Docket Text: Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 5/22/2017. Case called. Court has colloquy with counsel. Parties to jointly report to clerk any request for ADR. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Badke, Fukuda, Pirozzolo, Simpson, Sanders) (MacDonald, Gail) |
| May 22, 2017 | N/A | Notice requesting courtesy copy (0) Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [25] Amended Complaint. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by May 25, 2016. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) |
| May 19, 2017 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [24] Assented to MOTION for Leave to File Exhibits J - Q to Plaintiffs' Amended Complaint Under Seal (Corrected); DENYING AS MOOT [23] MOTION for Leave to File Exhibits J - L and N - Q to Plaintiffs' Amended Complaint Under Seal (Unopposed). (DaSilva, Carolina) |
| May 18, 2017 | 25 | Amended Complaint* (1) |
| May 18, 2017 | 26 | Withdrawal of motion (3) Docket Text: Withdrawal of motion: [15] MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by InfoBionic, Inc.. (Sanders, Charles) |
| May 18, 2017 | 24 | Motion for Leave to File (3) Docket Text: Assented to MOTION for Leave to File Exhibits J - Q to Plaintiffs' Amended Complaint Under Seal (Corrected) by Braemar Manufacturing, LLC, Cardionet, LLC.(Simpson, Todd) |
| May 17, 2017 | 23 | Motion for Leave to File (3) Docket Text: MOTION for Leave to File Exhibits J - L and N - Q to Plaintiffs' Amended Complaint Under Seal (Unopposed) by Braemar Manufacturing, LLC, Cardionet, LLC.(Simpson, Todd) |
| May 15, 2017 | 22 | Certification pursuant to Local Rule 16.1 (3) Docket Text: CERTIFICATION pursuant to Local Rule 16.1 (d)(3) of InfoBionic, Inc.. (Sanders, Charles) |
| May 11, 2017 | 20 | Opposition to Motion (24) Docket Text: Opposition re [15] MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Braemar Manufacturing, LLC, Cardionet, LLC. (Badke, Bradford) |
| Apr 28, 2017 | N/A | Notice requesting courtesy copy (0) Docket Text: ELECTRONIC NOTICE issued requesting courtesy copy for [15] MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), [16] Memorandum in Support of Motion, [17] Declaration. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by May 2, 2017. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) |
| Apr 28, 2017 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [14] Motion for Leave to Appear Pro Hac Vice Added Maximilian A. Grant, Kristopher R. Davis, Gabriel K. Bell, & Abigail A. Rives. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) |
| Apr 27, 2017 | 16 | Memorandum in Support of Motion (27) Docket Text: MEMORANDUM in Support re [15] MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by InfoBionic, Inc. (Sanders, Charles) |
| Apr 7, 2017 | 13 | Notice of Scheduling Conference (7) Docket Text: NOTICE of Scheduling Conference Scheduling Conference set for 5/22/2017 03:00 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Apr 6, 2017 | 12 | Order (1) Docket Text: Judge Indira Talwani: ORDER entered ALLOWING re: [10] MOTION for Extension of Time to Answer, Move, or Otherwise Respond to the Complaint (Unopposed). InfoBionic, Inc answer/response due 4/27/2017.(DaSilva, Carolina) |
| Apr 5, 2017 | 11 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by InfoBionic, Inc identifying Other Affiliate Safeguard Scientifics, Inc. for InfoBionic, Inc.. (Sanders, Charles) |
| Apr 3, 2017 | 9 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed InfoBionic, Inc served on 3/27/2017, answer due 4/17/2017. (Pirozzolo, Jack) |
| Mar 24, 2017 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING [7] Motion for Leave to Appear Pro Hac Vice. Added Bradford J. Badke, Ching-Lee Fukuda, and Todd M. Simpson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) |
| Mar 19, 2017 | 1 | Main Document (9) |
| Mar 19, 2017 | 11 | Catagory Form (1) |
| Mar 19, 2017 | 10 | Civil Cover Sheet (1) |
| Mar 19, 2017 | 9 | Exhibit I (3) |
| Mar 19, 2017 | 11 | Catagory Form (1) |
| Mar 19, 2017 | 8 | Exhibit H (8) |
| Mar 19, 2017 | 10 | Civil Cover Sheet (1) |
| Mar 19, 2017 | 7 | Exhibit G (4) |
| Mar 19, 2017 | 9 | Exhibit I (3) |
| Mar 19, 2017 | 6 | Exhibit F (9) |
| Mar 19, 2017 | 8 | Exhibit H (8) |
| Mar 19, 2017 | 5 | Exhibit E (8) |
| Mar 19, 2017 | 7 | Exhibit G (4) |
| Mar 19, 2017 | 4 | Exhibit D (9) |
| Mar 19, 2017 | 6 | Exhibit F (9) |
| Mar 19, 2017 | 3 | Exhibit C (11) |
| Mar 19, 2017 | 5 | Exhibit E (8) |
| Mar 19, 2017 | 2 | Exhibit B (7) |
| Mar 19, 2017 | 4 | Exhibit D (9) |
| Mar 19, 2017 | 1 | Exhibit A (18) |
| Mar 19, 2017 | 3 | Exhibit C (11) |
| Mar 19, 2017 | 1 | Main Document (9) |
| Mar 19, 2017 | 2 | Exhibit B (7) |
| Mar 19, 2017 | 1 | Exhibit A (18) |
| Mar 17, 2017 | N/A | Notice of Case Assignment (0) Docket Text: ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Abaid, Kimberly) |
| Mar 17, 2017 | 6 | Summons Issued (2) Docket Text: Summons Issued as to Infobionic, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) |
| Mar 16, 2017 | 4 | Report on the filing/termination of patent/trademark case (1) Docket Text: REPORT ON THE FILING/TERMINATION OF AN ACTION REGARDING PATENT OR TRADEMARK. (Pirozzolo, Jack) |
| Mar 16, 2017 | 3 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by Braemar Manufacturing, LLC identifying Corporate Parent BioTelemetry, Inc. for Braemar Manufacturing, LLC.. (Pirozzolo, Jack) |
| Mar 16, 2017 | 1 | Complaint* (1) |
| Mar 16, 2017 | 2 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by Cardionet, LLC identifying Corporate Parent BioTelemetry, Inc. for Cardionet, LLC.. (Pirozzolo, Jack) |
